107Court may make supervisory intervention order

107 Court may make supervisory intervention order application of the Competent Authority, make a supervisory intervention order for the person if the court considers the person to be a systematic or persistent offender against this Act.

Transport of Dangerous Goods by Road and Rail (National Uniform Legislation) Act 2010 69 (2) The supervisory intervention order is to require the person (at the person's own expense and for a specified period not exceeding 1 year) to do one or more of the following: (a) to do specified things that the court considers will improve the person's compliance with this Act or specified provisions of this Act, including, for example, the following: (i) appointing or removing staff to or from particular activities or positions; (ii) training and supervising staff; (iii) obtaining expert advice as to maintaining appropriate compliance; (iv) installing monitoring, compliance, managerial or operational equipment (including, for example, intelligent transport system equipment); (v) implementing monitoring, compliance, managerial or operational practices, systems or procedures; (b) to conduct specified monitoring, compliance, managerial or operational practices, systems or procedures subject to the direction of the Competent Authority or a person nominated by the Authority; (c) to furnish compliance reports to the Competent Authority or the court (or both) as specified in the order; (d) to appoint a person to have responsibilities: (i) to assist the person in improving compliance with this Act or specified provisions of this Act; and (ii) to monitor the person's performance in complying with this or specified provisions of this Act and in complying with the requirements of the order; and (iii) to furnish compliance reports to the Competent Authority or the court (or both) as specified in the order. (3) The court may: (a) specify matters that are to be dealt with in compliance reports; and (b) specify the form, frequency and way in which compliance reports are to be prepared and furnished; and

Transport of Dangerous Goods by Road and Rail (National Uniform Legislation) Act 2010 70 (c) require that compliance reports or aspects of compliance reports be made public; and (d) specify the form, frequency and way in which they are to be made public. (4) The court may make a supervisory intervention order only if it is satisfied the order is capable of improving the person's ability or willingness to comply with this Act, having regard to: (a) the offences of which the person has been previously found guilty; and (b) the offences for which the person has been proceeded against by way of unwithdrawn infringement notices; and (c) any other offences or other matters the court considers to be relevant to the conduct of the person in connection with the transport of dangerous goods. (5) The order may direct that any other penalty or sanction imposed for the offence by the court is suspended until the court determines there has been a substantial failure to comply with the order. (6) A court that has power to make a supervisory intervention order may revoke or amend the order on the application of: (b) the person for whom the order was made if the court is satisfied there has been a change of circumstances warranting the revocation or amendment. (7) For subsections (1) and (5), if a person has committed at least one offence against this Act, the court may treat any offences that the person has committed against any corresponding law as if they had also been committed against this Act. (8) In this section: compliance report, in relation to a person for whom a supervisory intervention order is made, means a report relating to: (a) the performance of the person in complying with: (i) this Act or provisions of this Act specified in the order; and (ii) the requirements of the order; and