Australian Capital Territory Numbered Acts

DANGEROUS GOODS (ROAD TRANSPORT) ACT 2009 (NO. 34 OF 2009) - SECT 77

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

        (a)     is given a direction under section 76; 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 person if—

        (a)     the direction is unreasonable; or

        (b)     without limiting paragraph (a), the direction or its subject matter is outside the scope of the business or other activities of the person.

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

    (4)     It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that—

        (a)     the defendant took reasonable steps to comply with the direction; and

        (b)     it was not possible for the defendant to comply with the direction because of an act or event over which the defendant had no control.

Note     The defendant has a legal burden in relation to the matters mentioned in s (4) (see Criminal Code, s 59).