60Service of prohibition notice

60 Service of prohibition notice

(1) This section applies if a transport safety officer reasonably believes that—

S. 60(1)(a) amended by No. 41/2019 s. 53(a).

(a) an activity is occurring in relation to bus services or bus premises that involves or will involve an immediate risk to safety; or

S. 60(1)(b) amended by No. 41/2019 s. 53(a).

(b) an activity may occur in relation to bus services or bus premises that, if it occurs, will involve an immediate risk to safety; or

S. 60(1)(c) amended by No. 41/2019 s. 53(b).

(c) an activity may occur at, on, or in the immediate vicinity of a bus stopping point that, if it occurs, will involve an immediate risk to safety; or

(d) an activity is occurring on, or in relation to marine operations or marine premises that involves or will involve an immediate risk to safety; or

(e) an activity is occurring on, or in relation to the operation of, a vessel, that involves or will involve an immediate risk to safety; or

(f) an activity is occurring at marine premises or a place where vessels are operated, stored, moored, berthed or placed that involves or will involve an immediate risk to safety; or

(g) an activity may, if it occurs at or in relation to, marine premises or a place where vessels are operated, stored, moored, berthed or placed, involve an immediate risk to safety.

(2) The transport safety officer may serve a prohibition notice on a person who has, or appears to have, control over the activity prohibiting the carrying on of the activity, or the carrying on of the activity in a specified way.

Note to s. 60(2) inserted by No. 68/2017 s. 112.

A decision whether to serve a prohibition notice is a mandatory transport safety decision—see section 175 of the Transport Integration Act 2010.

(3) Despite section 77, a prohibition notice may be given orally, but must be confirmed by written notice served on the person as soon as practicable after it was given.