Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts(1) This section applies to a defendant for an offence against this Act if the defendant is being prosecuted as an owner or operator of a vehicle transporting dangerous goods.
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 defendant does not commit the offence if, at the time of the conduct that would, apart from this section, make up the offence, the vehicle was being used by—
(a) someone else not entitled (whether by express or implied authority or otherwise) to use the vehicle, other than an employee or agent of the defendant; or
(b) an employee of the defendant who was acting at the relevant time outside the scope of the employment; or
(c) an agent (in any capacity) of the defendant who was acting at the relevant time outside the scope of the agency.
Note The defendant has an evidential burden in relation to the matters mentioned in s (2) (see Criminal Code, s 58).
(3) However, if the offence relates to a breach of this Act for an alleged deficiency concerning the vehicle or dangerous goods, the exception in subsection (2) is only available to the defendant if—
(a) the vehicle or dangerous goods had not, before it or they stopped being under the defendant's control, been driven or transported in Australia in breach of this Act or a corresponding law that relates to any of the alleged deficiencies; and
(b) 1 or more material changes, resulting in the alleged breach, were made after the vehicle or dangerous goods stopped being under the defendant's control.
Note The defendant has an evidential burden in relation to the matters mentioned in s (3) (see Criminal Code, s 58).
(4) In this section:
"deficiency concerning a vehicle or dangerous goods" means a deficiency in anything that is required by regulation—
(a) to be carried in a vehicle; or
(b) to be met in relation to dangerous goods.