Queensland Numbered Acts

DISASTER READINESS AMENDMENT ACT 2011 No. 33 - SECT 25

(1) Section (1)(b), ', during a specified limited period,'—

omit.

(2) Section 46(2)—

omit, insert—

'(2) A restricted road use notice must—

(a) be erected or displayed on the road to which the notice applies; and

(b) be easily visible to persons using the road; and

(c) state how the use of the road is restricted; and

(d) state the maximum penalty for failing to comply with the notice.'.

(3) Section 46(4)—

omit, insert—

'(4) A person must not drive past a restricted road use notice erected or displayed under subsection (1) in contravention of the notice, unless the person—

(a) has a reasonable excuse; or

(b) is acting in accordance with a written approval given by the chief executive or police commissioner; or

Note—

A written approval includes, for example, an approval given by text message, email or fax.

(c) is carrying out road works or inspecting a road for the chief executive, and the contravention is necessary for the person to carry out the road works or inspect the road.

Maximum penalty—200 penalty units.'.

(4) Section 46(6), 'a declaration in force under subsection (1)'—

omit, insert—

'subsection (4)'.

(5) Section 46(7)—

renumber as section 46(9).

(6) Section 46—

insert—

'(7) Also, civil liability does not attach to the chief executive or police commissioner for giving an approval mentioned in subsection (4)(b) if the approval was given in good faith without reckless disregard for the possible occurrence of the personal injury or loss or damage to property from which liability would arise if this subsection did not apply.

'(8) If subsection (7) prevents civil liability attaching to the chief executive or police commissioner liability attaches instead to the State.'.

(7) Section 46(9), as renumbered—

insert—

'police commissioner means the commissioner of the police service appointed under the Police Service Administration Act 1990.'.