Transportation of Dangerous Goods Regulations

16.4 (1) When an inspector directs a person, under subsection 17(3) of the Act, to take necessary measures to remedy non-compliance with the Act and these Regulations, the inspector must deliver to that person a Notice of Direction to Remedy Non-compliance in the form following this section.

(2) The inspector must sign and date the Notice.

(3) The Notice must also be signed and dated by one of the following designated persons before it is delivered to the person directed by the inspector to take the necessary measures: the Director, Compliance and Response, the Chief, Response Operations, or the Chief, Enforcement, of the Transport Dangerous Goods Directorate, Department of Transport.

(4) The direction takes effect when the Notice is signed and dated in accordance with subsections (2) and (3). However, any non-compliance with the direction must not be enforced against a person until the person has received the Notice or a copy of it or a reasonable attempt has been made to give the person the Notice or a copy of it.

(5) The direction expires 12 months after the day on which it takes effect, but it may be revoked earlier, in writing, by an inspector.

(6) A person may request a review of the direction at any time after it takes effect and the Notice is delivered to the person who has charge, management or control of the dangerous goods or means of containment. The request must be made in writing to the Minister or the Director General and must include the following information:

• (a) the name and address of the place of business of the person requesting the review;

• (b) a copy of the Notice;

• (c) the reasons why the direction should be revoked; and

• (d) all of the information necessary to support the request for the review.

(7) The Minister or the Director General must notify the person, in writing, of the decision made and the reasons for the decision.

NOTICE OF DIRECTION TO REMEDY NON-COMPLIANCE
Delivered to persons directed by an inspector to take measures under subsection 17(3) of the Act to remedy non-compliance with the Act and Regulations.
Person Receiving the Notice(name and position, company name, address of place of business including the postal code, telephone number, fax number, e-mail address)
Details of Non-compliance(including reference to the Act and Regulations)
Inspector’s Direction to Remedy Non-compliance
Revocation(include reasons for justifying the revocation, name, title and signature of person revoking the direction)
Inspector’s Name(print)	Inspector’s Signature
Date(dd/mm/yyyy)
Designated Person Name(print)	Position(print)
Signature	Date(dd/mm/yyyy)