Queensland Consolidated Acts

EXPLOSIVES ACT 1999 - SECT 102

102 Power to give direction about contravention

(1) This section applies if an inspector reasonably suspects a person—

(a) has contravened, or is contravening, this Act; or

(b) is involved in an activity that is likely to result in a contravention of this Act.

(2) The inspector may give the person a written notice (a
"remedial action notice" ) to take steps reasonably necessary to remedy the contravention or avoid the likely contravention.

(3) The remedial action notice must state the following—

(a) that the inspector believes the person—

(i) has contravened, or is contravening, this Act; or

(ii) is involved in an activity that is likely to result in a contravention of this Act;

(b) the provision of this Act the inspector believes is being, has been, or is likely to be, contravened;

(c) the reasons for the belief;

(d) that the person must take steps reasonably necessary to remedy the contravention, or avoid the likely contravention, within a stated reasonable period.

(4) The remedial action notice must include, or be accompanied by, an information notice about the decision to give the notice.

(5) If the remedial action notice relates to a vehicle or thing, it may be given by securely attaching it to the vehicle or thing in a conspicuous position.

(6) A person to whom a remedial action notice has been given must comply with the notice unless the person has a reasonable excuse.

Penalty—

Maximum penalty—the maximum penalty stated in the notice for the contravention of the provision by an individual.

(7) If the remedial action notice states steps the person may take to remedy the contravention, or avoid the likely contravention, the subject of the notice, the person is taken to have complied with the notice if all the steps have been taken.

(8) Subsection (7) does not prevent the person from complying with the notice in another way.

(9) A person must not remove a remedial action notice from a vehicle or thing before the steps stated in the notice are taken.

Penalty—

Maximum penalty for subsection (9) —100 penalty units.

(10) In this section—

"reasonably suspects" means suspects on grounds that are reasonable in the circumstances.