Australian Capital Territory Numbered Acts

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DANGEROUS GOODS (ROAD TRANSPORT) ACT 2009 (NO. 34 OF 2009) - SECT 137

Exclusion orders

    (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; and

        (d)     the court considers that it is necessary to make an order under this section to restrict opportunities for the person to commit, or be involved in the commission of, further offences 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 (an exclusion order ) prohibiting the person, for a stated period, from involvement in the transport of dangerous goods or in any part of the transport of dangerous goods.

    (3)     However, the court may make an exclusion order only if satisfied that the person should not continue the things the subject of the proposed order and that a supervisory intervention order is not appropriate, having regard to—

        (a)     the offences against this Act of which the person has been previously convicted or found guilty; 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against this Act for which the person has been proceeded against by way of infringement notices that have not been withdrawn; and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 involvement in the transport of dangerous goods.

    (4)     Also, the court may not make an exclusion order that prohibits the person from driving or registering a vehicle.

    (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.



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