Australian Capital Territory Numbered Acts

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DANGEROUS GOODS (ROAD TRANSPORT) ACT 2009 (NO. 34 OF 2009) - SECT 116

Formal warnings

    (1)     This section applies if an authorised person may take action against a person (the offender ) for failure to comply with this Act.

Note     A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).

    (2)     The authorised person may, instead of taking other action against the offender, formally warn (a formal warning ) the offender if the person believes on reasonable grounds that—

        (a)     the offender—

              (i)     took reasonable steps to prevent the failure to comply; and

              (ii)     was unaware of the failure to comply; and

        (b)     it is appropriate to deal with the failure to comply by way of a formal warning under this section.

    (3)     A formal warning must be in writing.



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