Australian Capital Territory Numbered Acts

DANGEROUS GOODS (ROAD TRANSPORT) ACT 2009 (NO. 34 OF 2009) - SECT 86

    (1)     A person commits an offence if—

        (a)     the person knows that an embargo notice is in force for a thing; and

        (b)     the person—

              (i)     does something that is forbidden by the embargo notice; or

              (ii)     instructs someone else to do something that is forbidden by the embargo notice.

Maximum penalty: 100 penalty units.

    (2)     Strict liability applies to subsection (1) (b).

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

        (a)     the offence is made up of moving the thing or part of the thing; and

        (b)     the person—

              (i)     moves the thing, or part of the thing, to protect or preserve the thing; or

              (ii)     instructs someone else to move the thing, or part of the thing to protect or preserve the thing; and

        (c)     the person told the authorised person who issued the embargo notice about the move, and of the new location of the thing or part of the thing, within 48 hours after the move.

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