Document ID: chunk:federal_register_of_legislation:F2016C00708:clause:2_84:p1
Version: federal_register_of_legislation:F2016C00708
Segment Type: clause
Provision Reference: sch 2 cl 84 (pt 1/2)
Character Range: 149074–151860

84  Severe risk breaches

Application of section
 (1) This section applies to a vehicle or combination, where an authorised officer or police officer believes on reasonable grounds that the vehicle or combination is the subject of one or more severe risk breaches.

Direction
 (2) The officer must:
 (a) direct the driver or operator of the vehicle or combination not to proceed until specified breaches of mass, dimension or load restraint requirements are rectified; or
 (b) if the officer believes on reasonable grounds that:
 (i) particular circumstances exist warranting the moving of the vehicle or combination to another location; or
 (ii) particular instructions have been given authorising or requiring the moving of the vehicle or combination to another location;
  direct the driver or operator of the vehicle or combination to move it or cause it to be moved to the nearest safe location as specified by the officer, and not to proceed from there until specified breaches of mass, dimension or load restraint requirements are rectified.

Particular circumstances
 (3) Particular circumstances warranting the moving of a vehicle or combination exist only:
 (a) where there is an appreciable risk of harm to public safety, the environment, road infrastructure or public amenity; or
 (b) where there is a risk to the welfare of people or live animals in or on the vehicle or combination.

Particular instructions
 (4) Particular instructions authorising or requiring the moving of a vehicle or combination are specific instructions or standing instructions given by the Authority (orally or in writing, or by telephone, facsimile, electronic mail, radio, or in any other manner) authorising or requiring the moving of the vehicle or combination in the relevant circumstances.

Conditions
 (5) A direction may be given under this section unconditionally or subject to conditions imposed by the officer.

Offences
 (6) A person commits an offence if:
 (a) the person is subject to a direction under subsection (2); and
 (b) the person engages in conduct that results in a contravention of the direction.
 (7) A person commits an offence if:
 (a) the person is subject to a direction under subsection (2); and
 (b) the direction is subject to a condition; and
 (c) the person engages in conduct that results in a contravention of the condition.
 (8) The offences under this section are offences of strict liability.

Definitions
 (9) In this section:
risk of harm to public safety does not (subject to subsection (10)) include risk of harm to the safety of the vehicle or combination or any load in or on it, but does include risk of harm to the safety of people or live animals in or on it.
Note: Subsection (10) ensures that the officer may take excluded matters into account in