QLDIn ForceAct
Transport Operations (Passenger Transport) Act 1994
sec.126NADangerous situation notice
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### sec.126NA Dangerous situation notice
A dangerous situation notice has effect—
when it is given to the person; or
if the notice states a later date—on that date.
A dangerous situation notice given to a person must state the following—
the notice is given under section 126N ;
the authorised person believes a dangerous situation exists;
the grounds for the belief;
if the authorised person believes the dangerous situation involves a contravention of an Act—the relevant provision of the Act ;
that the person may—
under section 102 —ask for the decision to be reviewed by the chief executive; and
under the Transport Planning and Coordination Act 1994 , part 5 , division 2 —apply to QCAT for the decision to be stayed; and
under section 103 —ask for the chief executive’s decision on the review (the reviewed decision ) to be reviewed by QCAT; and
under the QCAT Act —apply to QCAT for the reviewed decision to be stayed;
that it is an offence to fail to comply with a dangerous situation notice;
the maximum penalty for the offence of failing to comply with a dangerous situation notice.
The dangerous situation notice may include a requirement about the steps to be taken to prevent the dangerous situation.
A requirement may—
offer a choice of ways to prevent the dangerous situation; and
prohibit the carrying out of an activity by stating—
a place where the activity may not be carried out; or
a thing that may not be used in connection with the activity; or
a procedure that may not be followed in connection with the activity.
s 126NA ins 2008 No. 67 s 31
amd 2009 No. 24 s 1771 ; 2010 No. 13 s 114 sch pt 1
(sec.126NA-ssec.1) A dangerous situation notice has effect— when it is given to the person; or if the notice states a later date—on that date.
(sec.126NA-ssec.2) A dangerous situation notice given to a person must state the following— the notice is given under section 126N ; the authorised person believes a dangerous situation exists; the grounds for the belief; if the authorised person believes the dangerous situation involves a contravention of an Act—the relevant provision of the Act ; that the person may— under section 102 —ask for the decision to be reviewed by the chief executive; and under the Transport Planning and Coordination Act 1994 , part 5 , division 2 —apply to QCAT for the decision to be stayed; and under section 103 —ask for the chief executive’s decision on the review (the reviewed decision ) to be reviewed by QCAT; and under the QCAT Act —apply to QCAT for the reviewed decision to be stayed; that it is an offence to fail to comply with a dangerous situation notice; the maximum penalty for the offence of failing to comply with a dangerous situation notice.
(sec.126NA-ssec.3) The dangerous situation notice may include a requirement about the steps to be taken to prevent the dangerous situation.
(sec.126NA-ssec.4) A requirement may— offer a choice of ways to prevent the dangerous situation; and prohibit the carrying out of an activity by stating— a place where the activity may not be carried out; or a thing that may not be used in connection with the activity; or a procedure that may not be followed in connection with the activity.
- (a) when it is given to the person; or
- (b) if the notice states a later date—on that date.
- (a) the notice is given under section 126N ;
- (b) the authorised person believes a dangerous situation exists;
- (c) the grounds for the belief;
- (d) if the authorised person believes the dangerous situation involves a contravention of an Act—the relevant provision of the Act ;
- (e) that the person may— (i) under section 102 —ask for the decision to be reviewed by the chief executive; and (ii) under the Transport Planning and Coordination Act 1994 , part 5 , division 2 —apply to QCAT for the decision to be stayed; and (iii) under section 103 —ask for the chief executive’s decision on the review (the reviewed decision ) to be reviewed by QCAT; and (iv) under the QCAT Act —apply to QCAT for the reviewed decision to be stayed;
- (i) under section 102 —ask for the decision to be reviewed by the chief executive; and
- (ii) under the Transport Planning and Coordination Act 1994 , part 5 , division 2 —apply to QCAT for the decision to be stayed; and
- (iii) under section 103 —ask for the chief executive’s decision on the review (the reviewed decision ) to be reviewed by QCAT; and
- (iv) under the QCAT Act —apply to QCAT for the reviewed decision to be stayed;
- (f) that it is an offence to fail to comply with a dangerous situation notice;
- (g) the maximum penalty for the offence of failing to comply with a dangerous situation notice.
- (i) under section 102 —ask for the decision to be reviewed by the chief executive; and
- (ii) under the Transport Planning and Coordination Act 1994 , part 5 , division 2 —apply to QCAT for the decision to be stayed; and
- (iii) under section 103 —ask for the chief executive’s decision on the review (the reviewed decision ) to be reviewed by QCAT; and
- (iv) under the QCAT Act —apply to QCAT for the reviewed decision to be stayed;
- (a) offer a choice of ways to prevent the dangerous situation; and
- (b) prohibit the carrying out of an activity by stating— (i) a place where the activity may not be carried out; or (ii) a thing that may not be used in connection with the activity; or (iii) a procedure that may not be followed in connection with the activity.
- (i) a place where the activity may not be carried out; or
- (ii) a thing that may not be used in connection with the activity; or
- (iii) a procedure that may not be followed in connection with the activity.
- (i) a place where the activity may not be carried out; or
- (ii) a thing that may not be used in connection with the activity; or
- (iii) a procedure that may not be followed in connection with the activity.