61Contents of prohibition notice

61 Contents of prohibition notice

(1) A prohibition notice must—

(a) state that the transport safety officer believes that grounds for the service of the prohibition notice exist and the basis for that belief; and

(b) briefly, state the activity that the officer believes involves or will involve the risk and the matters that give or will give rise to the risk; and

S. 61(1)(c) amended by No. 41/2019 s. 54.

(c) state the provision (if any) of a transport safety law that the officer believes is being, or is likely to be, contravened by that activity; and

(d) set out the penalty for contravening the notice; and

(e) include information about the right to a review under Part 5 of the decision to serve the notice; and

(f) state that the notice is served under this section.

(2) A prohibition notice may include directions on the measures to be taken to remedy the risk, activities or matters to which the notice relates, or the contravention or likely contravention mentioned in subsection (1)(c).

(3) A direction in a prohibition notice may offer the person on whom the notice has been served a choice of ways to remedy the risk, activities or matters to which the notice relates, or the contravention or likely contravention mentioned in subsection (1)(c).

(4) Without limiting section 60, a prohibition notice that prohibits the carrying on of an activity in a specified way may do so by specifying one or more of the following—

(a) premises, or part of premises, at which the activity is not to be carried out;

(b) infrastructure at or on which, or in the immediate vicinity of, the activity is not to be carried out;

(c) any thing that is not to be used in connection with the activity;

(d) that a vessel is not to be operated;

(e) any procedure that is not to be followed in connection with the activity.

(5) A prohibition notice may include recommendations.