sec.33ARequiring prescribed dangerous goods vehicle to be moved if causing harm or obstruction etc.

### sec.33A Requiring prescribed dangerous goods vehicle to be moved if causing harm or obstruction etc. This section applies if— a prescribed dangerous goods vehicle is stationary in a following place— a road or road-related area; a public place; another place occupied or owned by the State or a government entity; a prescribed place an authorised officer has entered under section 26 ; a place an authorised officer has entered under section 26A or 26B ; and the authorised officer reasonably believes the vehicle— is causing, or creating a risk of, serious harm to public safety, the environment or road infrastructure; or is causing, or likely to cause, an obstruction to— traffic; or an event lawfully authorised to be held on the road; or a vehicle entering or leaving land adjacent to the road. The authorised officer may require the person in control, or the operator, of the vehicle to do either or both of the following— move the vehicle, or cause it to be moved, to the extent necessary to avoid the harm or obstruction; do, or cause to be done, anything else the officer reasonably requires to avoid the harm or obstruction. A requirement under subsection (2) may be made in a way mentioned in section 33 (3A) . The person must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—90 penalty units. Without limiting what may be a reasonable excuse for subsection (4) , in a proceeding for an offence against the subsection, it is a defence if the person charged with the offence proves— it was not possible to move the vehicle because it was broken down; and the breakdown happened for a physical reason beyond the person’s control; and the breakdown could not be readily rectified in a way that would enable the requirement to be complied with within a reasonable time. In this section— prescribed place see section 33 (6) . s 33A ins 2007 No. 43 s 41 amd 2008 No. 66 s 4 sch pt 1 ; 2008 No. 67 s 53 ; 2013 No. 26 s 50 (sec.33A-ssec.1) This section applies if— a prescribed dangerous goods vehicle is stationary in a following place— a road or road-related area; a public place; another place occupied or owned by the State or a government entity; a prescribed place an authorised officer has entered under section 26 ; a place an authorised officer has entered under section 26A or 26B ; and the authorised officer reasonably believes the vehicle— is causing, or creating a risk of, serious harm to public safety, the environment or road infrastructure; or is causing, or likely to cause, an obstruction to— traffic; or an event lawfully authorised to be held on the road; or a vehicle entering or leaving land adjacent to the road. (sec.33A-ssec.2) The authorised officer may require the person in control, or the operator, of the vehicle to do either or both of the following— move the vehicle, or cause it to be moved, to the extent necessary to avoid the harm or obstruction; do, or cause to be done, anything else the officer reasonably requires to avoid the harm or obstruction. (sec.33A-ssec.3) A requirement under subsection (2) may be made in a way mentioned in section 33 (3A) . (sec.33A-ssec.4) The person must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—90 penalty units. (sec.33A-ssec.5) Without limiting what may be a reasonable excuse for subsection (4) , in a proceeding for an offence against the subsection, it is a defence if the person charged with the offence proves— it was not possible to move the vehicle because it was broken down; and the breakdown happened for a physical reason beyond the person’s control; and the breakdown could not be readily rectified in a way that would enable the requirement to be complied with within a reasonable time. (sec.33A-ssec.6) In this section— prescribed place see section 33 (6) . - (a) a prescribed dangerous goods vehicle is stationary in a following place— (i) a road or road-related area; (ii) a public place; (iii) another place occupied or owned by the State or a government entity; (iv) a prescribed place an authorised officer has entered under section 26 ; (v) a place an authorised officer has entered under section 26A or 26B ; and - (i) a road or road-related area; - (ii) a public place; - (iii) another place occupied or owned by the State or a government entity; - (iv) a prescribed place an authorised officer has entered under section 26 ; - (v) a place an authorised officer has entered under section 26A or 26B ; and - (b) the authorised officer reasonably believes the vehicle— (i) is causing, or creating a risk of, serious harm to public safety, the environment or road infrastructure; or (ii) is causing, or likely to cause, an obstruction to— (A) traffic; or (B) an event lawfully authorised to be held on the road; or (C) a vehicle entering or leaving land adjacent to the road. - (i) is causing, or creating a risk of, serious harm to public safety, the environment or road infrastructure; or - (ii) is causing, or likely to cause, an obstruction to— (A) traffic; or (B) an event lawfully authorised to be held on the road; or (C) a vehicle entering or leaving land adjacent to the road. - (A) traffic; or - (B) an event lawfully authorised to be held on the road; or - (C) a vehicle entering or leaving land adjacent to the road. - (i) a road or road-related area; - (ii) a public place; - (iii) another place occupied or owned by the State or a government entity; - (iv) a prescribed place an authorised officer has entered under section 26 ; - (v) a place an authorised officer has entered under section 26A or 26B ; and - (i) is causing, or creating a risk of, serious harm to public safety, the environment or road infrastructure; or - (ii) is causing, or likely to cause, an obstruction to— (A) traffic; or (B) an event lawfully authorised to be held on the road; or (C) a vehicle entering or leaving land adjacent to the road. - (A) traffic; or - (B) an event lawfully authorised to be held on the road; or - (C) a vehicle entering or leaving land adjacent to the road. - (A) traffic; or - (B) an event lawfully authorised to be held on the road; or - (C) a vehicle entering or leaving land adjacent to the road. - (a) move the vehicle, or cause it to be moved, to the extent necessary to avoid the harm or obstruction; - (b) do, or cause to be done, anything else the officer reasonably requires to avoid the harm or obstruction. - (a) it was not possible to move the vehicle because it was broken down; and - (b) the breakdown happened for a physical reason beyond the person’s control; and - (c) the breakdown could not be readily rectified in a way that would enable the requirement to be complied with within a reasonable time.