Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts(1) This section applies if—
(a) a court convicts a person, or finds a person guilty, of an offence against this Act; and
(b) the prosecutor or a competent authority applies for an order under this section; and
(c) the court considers the person to be a systematic or persistent offender against 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 court may make an order (a supervisory intervention order ) requiring the person to do 1 or more of the following, at the person's own expense and for a stated period not longer than 1 year:
(a) to do stated things that the court considers will improve the person's compliance with this Act or a stated provision of this Act;
Examples
1 appointing or removing staff to or from particular activities or positions
2 training and supervising staff
3 obtaining expert advice in relation to maintaining compliance
4 installing monitoring, compliance, managerial or operational equipment such as intelligent transport system equipment
5 implementing monitoring, compliance, managerial or operational practices, systems or procedures
Note 1 Intelligent transport system —see the dictionary.
Note 2 An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
(b) to conduct stated monitoring, compliance, managerial or operational practices, systems or procedures subject to the direction of the competent authority or a person nominated by the authority;
(c) to appoint someone else to have responsibilities—
(i) to assist the person in improving compliance with this Act or a stated provision of this Act; and
(ii) to monitor the person's performance in complying with this Act or a stated provision of this Act and in complying with the requirements of the order.
(3) However, the court may make a supervisory intervention order only if satisfied that the order can improve the person's ability or willingness to comply with this Act, having regard to—
(a) the offences against this Act that the person has been previously convicted or found guilty of; and
(b) the offences against this Act for which the person has been proceeded against by way of infringement notices that have not been withdrawn; and
(c) any other offences or matters that the court considers to be relevant to the conduct of the person in relation to the transport of dangerous goods.
(4) The order may direct that any other penalty imposed for the offence by the court be suspended until the court decides, on application by the prosecutor or competent authority, that there has been a substantial failure to comply with the order.
(5) For this section, if a person has committed at least 1 offence against this Act, the court may treat an offence that the person has committed against a corresponding law as if the offence had also been committed against this Act.
Note 1 If a court makes a supervisory intervention order, the court may also require compliance reports to be given—see s 134.
Note 2 If both a supervisory intervention order and an exclusion order are in force at the same time in relation to the same person, the supervisory intervention order has no effect while the exclusion order has effect (see s 128 (4)).