QLDIn ForceAct
Transport Operations (Road Use Management) Act 1995
sec.161JOral direction may be given before dangerous situation notice is served
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### sec.161J Oral direction may be given before dangerous situation notice is served
This section applies if an authorised officer reasonably believes—
a person is in a position to take steps to prevent a dangerous situation; and
it is not reasonable or immediately possible to give a dangerous situation notice.
The authorised officer may give an oral direction to the person instead of a written notice.
The oral direction must include—
the matters mentioned in section 161H (2) (b) , (c) and (d) ; and
a statement that it is an offence to fail to comply with an oral direction.
The person must comply with the oral direction.
Maximum penalty—
if the contravention results in death or grievous bodily harm to a person—200 penalty units; or
otherwise—100 penalty units.
The oral direction must be confirmed in writing by any authorised officer giving a dangerous situation notice under section 161G as soon as practicable.
The oral direction stops having effect if the dangerous situation notice is not given to the person within 5 days after the oral direction is given.
s 161J ins 2008 No. 67 s 97
amd 2008 No. 66 s 4 sch pt 2 ; 2010 No. 13 s 3 sch pt 1
(sec.161J-ssec.1) This section applies if an authorised officer reasonably believes— a person is in a position to take steps to prevent a dangerous situation; and it is not reasonable or immediately possible to give a dangerous situation notice.
(sec.161J-ssec.2) The authorised officer may give an oral direction to the person instead of a written notice.
(sec.161J-ssec.3) The oral direction must include— the matters mentioned in section 161H (2) (b) , (c) and (d) ; and a statement that it is an offence to fail to comply with an oral direction.
(sec.161J-ssec.4) The person must comply with the oral direction. Maximum penalty— if the contravention results in death or grievous bodily harm to a person—200 penalty units; or otherwise—100 penalty units.
(sec.161J-ssec.5) The oral direction must be confirmed in writing by any authorised officer giving a dangerous situation notice under section 161G as soon as practicable.
(sec.161J-ssec.6) The oral direction stops having effect if the dangerous situation notice is not given to the person within 5 days after the oral direction is given.
- (a) a person is in a position to take steps to prevent a dangerous situation; and
- (b) it is not reasonable or immediately possible to give a dangerous situation notice.
- (a) the matters mentioned in section 161H (2) (b) , (c) and (d) ; and
- (b) a statement that it is an offence to fail to comply with an oral direction.
- (a) if the contravention results in death or grievous bodily harm to a person—200 penalty units; or
- (b) otherwise—100 penalty units.