Australian Capital Territory Numbered Acts

DANGEROUS GOODS (ROAD TRANSPORT) ACT 2009 (NO. 34 OF 2009) - SECT 84

    (1)     This section applies to anything inspected or seized under this part by an authorised person if the person is satisfied on reasonable grounds that the thing—

        (a)     puts the health or safety of people at risk; or

        (b)     is likely to cause damage to property or the environment.

    (2)     The authorised person may—

        (a)     destroy or otherwise dispose of the thing; or

        (b)     if the thing is at premises—give a written direction to an occupier of the premises to destroy or otherwise dispose of the thing; or

        (c)     if the thing is in a vehicle—give a written direction to an occupier of the vehicle to destroy or otherwise dispose of the thing.

    (3)     The direction may state 1 or more of the following:

        (a)     how the thing must be destroyed or otherwise disposed of;

        (b)     how the thing must be kept until it is destroyed or otherwise disposed of;

        (c)     the period within which the thing must be destroyed or otherwise disposed of.

    (4)     A person must comply with a direction given to the person under subsection (2) (b) or (c).

Maximum penalty: 50 penalty units.

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

    (6)     Costs incurred by the Territory in relation to the disposal of a thing under subsection (2) (a) are a debt owing to the Territory by, and are recoverable together and separately from, the following people:

        (a)     the person who owned the thing;

        (b)     if the thing was at premises when inspected or seized—each occupier of the premises;

        (c)     if the thing was in a vehicle when inspected or seized—each registered operator of the vehicle.

Note     An amount owing under a law may be recovered as a debt in a court of competent jurisdiction (see Legislation Act, s 177).