Australian Capital Territory Numbered Acts

DANGEROUS GOODS (ROAD TRANSPORT) ACT 2009 (NO. 34 OF 2009) - SECT 37

    (1)     A prime contractor commits an offence—

        (a)     if the prime contractor uses a vehicle 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 prime contractor does not have an approval under a regulation in relation to the vehicle; or

    (B)     the prime contractor 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"—see section 36 (3).