Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts(1) A person commits an offence if the person—
(a) is involved in the transport of dangerous goods by road; and
(b) fails to ensure that the goods are transported in a safe way.
Maximum penalty: 500 penalty units, imprisonment for 2 years or both.
(2) A person commits an offence if the person—
(a) is involved in the transport of dangerous goods by road; and
(b) fails to comply with this Act; and
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).
(c) knows or ought reasonably to know that the failure is likely to endanger—
(i) the safety of people; or
(ii) property or the environment.
Maximum penalty: 500 penalty units, imprisonment for 2 years or both.
(3) It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that—
(a) the defendant, as far as practicable, ensured that the goods were transported in a safe way; or
(b) the—
(i) offence is brought about by someone else over whom the defendant has no control or by a non-human act or event over which the defendant has no control; and
(ii) defendant could not reasonably have been expected to guard against the bringing about of the offence.
Note The defendant has a legal burden in relation to the matters mentioned in s (3) (see Criminal Code, s 59).