QLDIn ForceAct
Transport Operations (Road Use Management) Act 1995
sec.161ORecovery of costs of government action
Start here
Get a plain-English read of sec.161O
Turn the raw legal text into a practical explanation grounded in Transport Operations (Road Use Management) Act 1995.
### sec.161O Recovery of costs of government action
This section applies if any of the following events happens in relation to the transport of dangerous goods—
a dangerous situation;
an incident—
wholly or partly constituted by or arising from—
the escape of dangerous goods; or
an explosion or fire involving dangerous goods; or
involving the risk of the escape of dangerous goods or an explosion or fire involving dangerous goods.
If a government entity incurs costs because of the event, the entity may recover the costs reasonably incurred in dealing with the event as a debt owing to the entity or the State.
The costs are recoverable jointly and severally from the following—
the person who owned the dangerous goods when the event happened;
the person who had possession or control of the dangerous goods when the event happened;
the person who caused the event;
the person responsible (other than as an employee, agent or subcontractor of someone else) for the transport of the dangerous goods.
However, costs are not recoverable from a person who—
is mentioned in section 161A ; or
establishes that—
the event was primarily caused by someone else; or
the person could not, exercising reasonable care, have prevented the event; or
the event was not attributable to the person or to an employee, agent or subcontractor of the person.
This section does not limit the powers a government entity has apart from this Act.
s 161O (prev s 159 (orig s 79I)) ins 1997 No. 66 s 129
amd 1999 No. 42 s 54 (2) sch amdt 182
renum 1999 No. 42 s 54 (2) sch amdt 184
amd 2008 No. 67 s 94 (1) – (2)
renum and reloc 2008 No. 67 s 94 (3)
(sec.161O-ssec.1) This section applies if any of the following events happens in relation to the transport of dangerous goods— a dangerous situation; an incident— wholly or partly constituted by or arising from— the escape of dangerous goods; or an explosion or fire involving dangerous goods; or involving the risk of the escape of dangerous goods or an explosion or fire involving dangerous goods.
(sec.161O-ssec.2) If a government entity incurs costs because of the event, the entity may recover the costs reasonably incurred in dealing with the event as a debt owing to the entity or the State.
(sec.161O-ssec.3) The costs are recoverable jointly and severally from the following— the person who owned the dangerous goods when the event happened; the person who had possession or control of the dangerous goods when the event happened; the person who caused the event; the person responsible (other than as an employee, agent or subcontractor of someone else) for the transport of the dangerous goods.
(sec.161O-ssec.4) However, costs are not recoverable from a person who— is mentioned in section 161A ; or establishes that— the event was primarily caused by someone else; or the person could not, exercising reasonable care, have prevented the event; or the event was not attributable to the person or to an employee, agent or subcontractor of the person.
(sec.161O-ssec.5) This section does not limit the powers a government entity has apart from this Act.
- (a) a dangerous situation;
- (b) an incident— (i) wholly or partly constituted by or arising from— (A) the escape of dangerous goods; or (B) an explosion or fire involving dangerous goods; or (ii) involving the risk of the escape of dangerous goods or an explosion or fire involving dangerous goods.
- (i) wholly or partly constituted by or arising from— (A) the escape of dangerous goods; or (B) an explosion or fire involving dangerous goods; or
- (A) the escape of dangerous goods; or
- (B) an explosion or fire involving dangerous goods; or
- (ii) involving the risk of the escape of dangerous goods or an explosion or fire involving dangerous goods.
- (i) wholly or partly constituted by or arising from— (A) the escape of dangerous goods; or (B) an explosion or fire involving dangerous goods; or
- (A) the escape of dangerous goods; or
- (B) an explosion or fire involving dangerous goods; or
- (ii) involving the risk of the escape of dangerous goods or an explosion or fire involving dangerous goods.
- (A) the escape of dangerous goods; or
- (B) an explosion or fire involving dangerous goods; or
- (a) the person who owned the dangerous goods when the event happened;
- (b) the person who had possession or control of the dangerous goods when the event happened;
- (c) the person who caused the event;
- (d) the person responsible (other than as an employee, agent or subcontractor of someone else) for the transport of the dangerous goods.
- (a) is mentioned in section 161A ; or
- (b) establishes that— (i) the event was primarily caused by someone else; or (ii) the person could not, exercising reasonable care, have prevented the event; or (iii) the event was not attributable to the person or to an employee, agent or subcontractor of the person.
- (i) the event was primarily caused by someone else; or
- (ii) the person could not, exercising reasonable care, have prevented the event; or
- (iii) the event was not attributable to the person or to an employee, agent or subcontractor of the person.
- (i) the event was primarily caused by someone else; or
- (ii) the person could not, exercising reasonable care, have prevented the event; or
- (iii) the event was not attributable to the person or to an employee, agent or subcontractor of the person.