Victorian Numbered Acts Victorian Numbered Acts(1) To enable a thing to be seized under this Part, a transport safety officer may direct the person in control of it—
(a) to take it to a specified place within a specified time; and
(b) if necessary, to remain in control of it at the specified place for a period specified in the direction.
(2) A direction under subsection (1)—
(a) must be given by signed written notice given to the person; or
(b) if for any reason it is not practicable to give signed written notice to the person—may be given orally and confirmed by signed written notice given to the person as soon as is practicable.
(3) A further direction may be made under this section about the thing if it is necessary and reasonable to make the further direction.
Example
A further direction may (for example) be that the thing be transported during stated off-peak hours, be transported along a particular route, or be transported in a particular way.
(4) A person given a direction under subsection (1) or (3) must comply with that direction unless the person has a reasonable excuse.
Penalty: $5 000.
(5) Without limiting what may otherwise be a reasonable excuse under subsection (4), it is a reasonable excuse for a person in control of a thing not to comply with a direction under subsection (1) or (3) if, in all the circumstances, the direction was unreasonable.
(6) T he cost of complying with a direction under subsection (1) or (3) must be borne by the person.
(7) In this section—
"in control", in relation to a thing, means having, or reasonably appearing to a transport safety officer as having, authority to exercise control over the thing.