Australian Capital Territory Numbered Acts

DANGEROUS GOODS (ROAD TRANSPORT) ACT 2009 (NO. 34 OF 2009) - SECT 111

    (1)     A person commits an offence if the person—

        (a)     is subject to an improvement notice; and

        (b)     fails to comply with a requirement of the notice.

Maximum penalty: 100 penalty units, imprisonment for 6 months or both.

    (2)     This section does not apply to a person if the person has a reasonable excuse for failing to comply with the requirement.

Note     The defendant has an evidential burden in relation to the matters mentioned in s (2) (see Criminal Code, s 58).

    (3)     It is a defence to a prosecution for an offence against this section if the defendant proves that—

        (a)     either—

              (i)     the alleged failure to comply, or likely failure to comply, to which the improvement notice relates was remedied; or

              (ii)     the matters or activities causing the alleged failure to comply, or likely failure to comply, to which the improvement notice relates were remedied; and

        (b)     the remedy was achieved not later than the due date and time; and

        (c)     the method used for achieving the remedy was different from the method stated in the improvement notice.

Note     The defendant has a legal burden in relation to the matters mentioned in s (3) (see Criminal Code, s 59).