Australian Capital Territory Numbered Acts

DANGEROUS GOODS (ROAD TRANSPORT) ACT 2009 (NO. 34 OF 2009) - SECT 36

    (1)     The owner of a vehicle commits an offence—

        (a)     if the owner uses the vehicle, or permits it to be used, to transport a placard load; and

        (b)     if—

              (i)     the use of the vehicle is not covered by an insurance policy or other form of indemnity for an amount not less than $5 000 000 or, if another amount is prescribed by regulation, the prescribed amount in relation to—

    (A)     personal injury, death, property damage and other damage (except consequential economic loss) arising out of any fire, explosion, leakage or spillage of dangerous goods in or from the vehicle or any packaging transported in the vehicle; and

    (B)     costs incurred by or on behalf of a Commonwealth, State or Territory government authority in a clean-up resulting from such a fire, explosion, leakage or spillage; or

              (ii)     if—

    (A)     the owner does not have an approval under a regulation in relation to the use of the vehicle; or

    (B)     the owner has an approval under a regulation in relation to the use of the vehicle, but is not complying with any relevant condition of the approval.

Maximum penalty: 50 penalty units.

    (2)     An offence against this section is a strict liability offence.

    (3)     In this section:

"vehicle "means each load-bearing vehicle, whether or not a motor vehicle and whether or not it is being used in combination with another vehicle.