Australian Capital Territory Numbered Acts

DANGEROUS GOODS (ROAD TRANSPORT) ACT 2009 (NO. 34 OF 2009) - SECT 58

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

        (a)     is given a direction under section 57 (2) or (3); and

        (b)     fails to comply with the direction.

Maximum penalty: 50 penalty units.

Note     It is an offence to make a false or misleading statement or give false or misleading information (see Criminal Code, pt 3.4).

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

    (3)     This section does not apply to a person if the authorised person did not, before giving the direction, warn the person that failure to comply with the direction is an offence.

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

    (4)     This section does not apply to a person who fails to comply with a direction to give the person's business address if—

        (a)     the person did not have a business address at the time the direction was given; or

        (b)     the person's business address was not connected (directly or indirectly) with the transport of dangerous goods.

Note     The defendant has an evidential burden in relation to the matters mentioned in s (4) (see Criminal Code, s 58).