Australian Capital Territory Numbered Acts

DANGEROUS GOODS (ROAD TRANSPORT) ACT 2009 (NO. 34 OF 2009) - SECT 42

    (1)     A person commits an offence if the person—

        (a)     is subject to a direction under section 41; and

        (b)     fails to comply with the direction.

Maximum penalty: 50 penalty units.

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

    (3)     This section does not apply to a defendant if—

        (a)     it was not practicable for the defendant to move the vehicle because the vehicle was broken-down; and

        (b)     the breakdown happened for a physical reason beyond the defendant's control; and

        (c)     the breakdown could not be readily rectified in a way that would allow the direction to be complied with within a reasonable time.

Note     The defendant has an evidential burden in relation to the matters mentioned in s (3) (see Criminal Code, s 58).