Document ID: chunk:federal_register_of_legislation:F2024C00392:clause:1_123
Version: federal_register_of_legislation:F2024C00392
Segment Type: clause
Provision Reference: sch 1 cl 123
Character Range: 137358–138293

123  Oral direction may be given before prohibition notice is served
 (1) This section applies where an authorised officer believes on reasonable grounds:
 (a) that a dangerous activity is occurring or may occur; and
 (b) that it is not reasonable or immediately possible to serve a prohibition notice.
 (2) The officer may direct a person who has or appears to have control over the activity to do or not to do a specified act.
 (3) The officer must state the reason for giving the direction.
 (4) A person to whom a direction is given must comply with it, unless the person has a reasonable excuse for not doing so.
Offence provision.
 (5) It is a reasonable excuse for not complying with a direction if the authorised officer did not tell the person that it is an offence not to do so.
 (6) A direction ceases to have effect if a prohibition notice in respect the activity is not served within 5 days of the direction being given.