Document ID: chunk:federal_register_of_legislation:F2024C00392:clause:1_23
Version: federal_register_of_legislation:F2024C00392
Segment Type: clause
Provision Reference: sch 1 cl 23
Character Range: 38011–39378

23  Direction to move a road vehicle: where danger or obstruction
 (1) This section applies where an authorised officer believes on reasonable grounds that a vehicle to which this Division applies is:
 (a) seriously endangering public safety, the environment or road infrastructure; or
 (b) causing or likely to cause an obstruction to traffic.
 (2) The officer may direct the driver of the vehicle to do either or both of the following:
 (a) to move it, or cause it to be moved, to the extent necessary to avoid the danger or obstruction;
 (b) to do anything else reasonably required by the officer, or to cause anything else reasonably required by the officer to be done, to avoid the harm or obstruction.
 (3) A person who is given a direction under subsection (2) must comply with the direction.
Offence provision.
 (4) In proceedings for an offence in relation to the contravention of a direction under paragraph (2) (a), it is a defence if the person charged establishes that:
 (a) it was not possible to move the vehicle concerned because it was broken down; and
 (b) the breakdown occurred for a physical reason beyond the driver's control; and
 (c) the breakdown could not be readily rectified in a way that would enable the direction to be complied with within a reasonable time.
 {(5) An offence against subsection (3) is an offence of strict liability.}