sec.67ZHDirection to comply

### sec.67ZH Direction to comply This section applies if the chief executive or an authorised person is satisfied a duty holder for a road-based public passenger service has not complied with a provision of relevant transport legislation in relation to— providing a road-based public passenger service; or a motor vehicle used to provide a road-based public passenger service. The chief executive or authorised person may give the duty holder a written direction to— if the duty holder’s noncompliance exposes an individual to a risk of death or serious injury or illness— immediately comply with the provision of relevant transport legislation; and take the action stated in the direction to remedy the noncompliance; or otherwise—comply with the provision of relevant transport legislation within the period of not less than 5 business days stated in the direction. A direction must— identify the noncompliance; and state that failure to comply with the direction, without a reasonable excuse, is an offence; and state the direction does not relieve the duty holder from the obligation to comply with another provision of relevant transport legislation. The chief executive may, by written notice, extend the period for complying with a provision of relevant transport legislation for a direction given under subsection (2) (b) . The duty holder to whom a direction is given under subsection (2) must not contravene the direction unless the duty holder has a reasonable excuse. Maximum penalty— for contravention of a direction mentioned in subsection (2) (a) —320 penalty units; or otherwise—160 penalty units. s 67ZH ins 2024 No. 2 s 38 (sec.67ZH-ssec.1) This section applies if the chief executive or an authorised person is satisfied a duty holder for a road-based public passenger service has not complied with a provision of relevant transport legislation in relation to— providing a road-based public passenger service; or a motor vehicle used to provide a road-based public passenger service. (sec.67ZH-ssec.2) The chief executive or authorised person may give the duty holder a written direction to— if the duty holder’s noncompliance exposes an individual to a risk of death or serious injury or illness— immediately comply with the provision of relevant transport legislation; and take the action stated in the direction to remedy the noncompliance; or otherwise—comply with the provision of relevant transport legislation within the period of not less than 5 business days stated in the direction. (sec.67ZH-ssec.3) A direction must— identify the noncompliance; and state that failure to comply with the direction, without a reasonable excuse, is an offence; and state the direction does not relieve the duty holder from the obligation to comply with another provision of relevant transport legislation. (sec.67ZH-ssec.4) The chief executive may, by written notice, extend the period for complying with a provision of relevant transport legislation for a direction given under subsection (2) (b) . (sec.67ZH-ssec.5) The duty holder to whom a direction is given under subsection (2) must not contravene the direction unless the duty holder has a reasonable excuse. Maximum penalty— for contravention of a direction mentioned in subsection (2) (a) —320 penalty units; or otherwise—160 penalty units. - (a) providing a road-based public passenger service; or - (b) a motor vehicle used to provide a road-based public passenger service. - (a) if the duty holder’s noncompliance exposes an individual to a risk of death or serious injury or illness— (i) immediately comply with the provision of relevant transport legislation; and (ii) take the action stated in the direction to remedy the noncompliance; or - (i) immediately comply with the provision of relevant transport legislation; and - (ii) take the action stated in the direction to remedy the noncompliance; or - (b) otherwise—comply with the provision of relevant transport legislation within the period of not less than 5 business days stated in the direction. - (i) immediately comply with the provision of relevant transport legislation; and - (ii) take the action stated in the direction to remedy the noncompliance; or - (a) identify the noncompliance; and - (b) state that failure to comply with the direction, without a reasonable excuse, is an offence; and - (c) state the direction does not relieve the duty holder from the obligation to comply with another provision of relevant transport legislation. - (a) for contravention of a direction mentioned in subsection (2) (a) —320 penalty units; or - (b) otherwise—160 penalty units.