sec.126KPower to give remedial action notices

### sec.126K Power to give remedial action notices This section applies if an authorised person reasonably believes a person— has contravened a provision of the Transport Infrastructure Act 1994 , chapter 14 in circumstances that indicate that it is likely the contravention will be repeated; or is contravening a provision of the chapter. The authorised person may give the person a written notice (a remedial action notice ) requiring the person to remedy the cause of the contravention. The notice must state the following— the provision the authorised person believes the person has contravened or is contravening; the reasons for the belief; that the person must remedy the cause of the contravention within a stated reasonable time; if the notice is attached to a rail vehicle—a warning that it is an offence for a person to remove the notice from the vehicle until the notice is complied with, but that the person to whom the notice is given may remove the notice to immediately read it and reattach it to the vehicle. The notice may also state the steps the authorised person reasonably believes are necessary to remedy the cause of the contravention. If the notice relates to a rail vehicle, the notice may be given by securely attaching it to the vehicle in a conspicuous place. The person must comply with the notice, unless the person has a reasonable excuse. Maximum penalty—the maximum penalty for the contravention of the provision about which the notice is given. The person does not commit an offence against subsection (6) if the person is not proved to have contravened the provision mentioned in the notice as the provision the authorised person believes the person has contravened or is contravening. A person must not remove a remedial action notice from a rail vehicle before the notice is complied with. Maximum penalty—135 penalty units. However, the person to whom the notice is given does not contravene subsection (8) if the person removes the notice from the vehicle and immediately reads it and reattaches it to the vehicle. s 126K ins 2001 No. 79 s 82 amd 1994 No. 8 s 491 (3) sch 5 (amd 2003 No. 54 ss 34 , 39 ); 2008 No. 67 s 29 (sec.126K-ssec.1) This section applies if an authorised person reasonably believes a person— has contravened a provision of the Transport Infrastructure Act 1994 , chapter 14 in circumstances that indicate that it is likely the contravention will be repeated; or is contravening a provision of the chapter. (sec.126K-ssec.2) The authorised person may give the person a written notice (a remedial action notice ) requiring the person to remedy the cause of the contravention. (sec.126K-ssec.3) The notice must state the following— the provision the authorised person believes the person has contravened or is contravening; the reasons for the belief; that the person must remedy the cause of the contravention within a stated reasonable time; if the notice is attached to a rail vehicle—a warning that it is an offence for a person to remove the notice from the vehicle until the notice is complied with, but that the person to whom the notice is given may remove the notice to immediately read it and reattach it to the vehicle. (sec.126K-ssec.4) The notice may also state the steps the authorised person reasonably believes are necessary to remedy the cause of the contravention. (sec.126K-ssec.5) If the notice relates to a rail vehicle, the notice may be given by securely attaching it to the vehicle in a conspicuous place. (sec.126K-ssec.6) The person must comply with the notice, unless the person has a reasonable excuse. Maximum penalty—the maximum penalty for the contravention of the provision about which the notice is given. (sec.126K-ssec.7) The person does not commit an offence against subsection (6) if the person is not proved to have contravened the provision mentioned in the notice as the provision the authorised person believes the person has contravened or is contravening. (sec.126K-ssec.8) A person must not remove a remedial action notice from a rail vehicle before the notice is complied with. Maximum penalty—135 penalty units. (sec.126K-ssec.9) However, the person to whom the notice is given does not contravene subsection (8) if the person removes the notice from the vehicle and immediately reads it and reattaches it to the vehicle. - (a) has contravened a provision of the Transport Infrastructure Act 1994 , chapter 14 in circumstances that indicate that it is likely the contravention will be repeated; or - (b) is contravening a provision of the chapter. - (a) the provision the authorised person believes the person has contravened or is contravening; - (b) the reasons for the belief; - (c) that the person must remedy the cause of the contravention within a stated reasonable time; - (d) if the notice is attached to a rail vehicle—a warning that it is an offence for a person to remove the notice from the vehicle until the notice is complied with, but that the person to whom the notice is given may remove the notice to immediately read it and reattach it to the vehicle.