{"id":"a-2009-34","name":"Dangerous Goods (Road Transport) Act 2009","slug":"dangerous-goods-road-transport-act-2009","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"34 of 2009","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":23404,"registerId":"act-a-2009-34-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"16","sectionType":"section","heading":"December 2025. It also includes any commencement, amendment, repeal or expiry affecting","content":"16 December 2025. It also includes any commencement, amendment, repeal or expiry affecting\nthis republished law to 16 December 2025.\nThe legislation history and amendment history of the republished law are set out in endnotes 3\nand 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT\nlegislation register at www.legislation.act.gov.au):\n• authorised republications to which the Legislation Act 2001 applies\n• unauthorised republications.\nThe status of this republication appears on the bottom of each page.\nEditorial changes\nThe Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial\namendments and other changes of a formal nature when preparing a law for republication.\nEditorial changes do not change the effect of the law, but have effect as if they had been made by\nan Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The\nchanges are made if the Parliamentary Counsel considers they are desirable to bring the law into\nline, or more closely into line, with current legislative drafting practice.\nThis republication includes amendments made under part 11.3 (see endnote 1).\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced, the symbol U appears immediately\nbefore the provision heading. Any uncommenced amendments that affect this republished law\nare accessible on the ACT legislation register (www.legislation.act.gov.au). For more\ninformation, see the home page for this law on the register.\nModifications\nIf a provision of the republished law is affected by a current modification, the\nsymbol M appears immediately before the provision heading. The text of the modifying\nprovision appears in the endnotes. For the legal status of modifications, see the Legislation\nAct 2001, section 95.\nPenalties\nAt the republication date, the value of a penalty unit for an offence against this law is $160 for an\nindividual and $810 for a corporation (see Legislation Act 2001, s 133).\n\ncontents 1\nPage\n1 Name of Act 2\n3 Dictionary 2\n4 Notes 2\n5 Offences against Act—application of Criminal Code etc 3\n6 Purpose of Act 3\n7 Application of Act 3\n8 Inconsistency with other laws 4\n\nPage\ncontents 2 Dangerous Goods (Road Transport) Act 2009\n9 Meaning of compliance purposes 5\n10 Meaning of consigns and consignor 5\n11 Meaning of packaging 6\n12 Meaning of packs and packer 6\n13 Meaning of loads and loader 7\n14 Meaning of operator 8\n15 Meaning of qualified to drive vehicle or run engine 8\n16 Meaning of fit to drive vehicle or run engine 8\n17 Meaning of authorised to drive or run engine 9\n18 Meaning of unattended vehicle 9\n19 Meaning of broken-down vehicle or trailer 11\n20 Competent authorities 12\n21 Competent authority may delegate functions 12\n22 Competent authority may give information to corresponding authority 13\n23 Authorised people 14\n24 Identity cards 14\n25 Production of identity cards 15\n25A Impersonating authorised person 16\n25B Obstructing or hindering authorised person 16\n26 Reciprocal powers agreements 16\n27 Reciprocal powers agreements—functions 17\nPart 3.1 Offences—licensing, safety and insurance\nobligations\n28 Offences—licensing of vehicles transporting dangerous goods 19\n\nPage\ncontents 3\n29 Offences—licensing of drivers transporting dangerous goods 20\n30 Offences—goods too dangerous to be transported 20\n31 Offence—s 30 conduct causing death or serious injury 21\n32 Alternative verdicts—s 30 conduct causing death or serious injury 22\n33 Offences—transport of dangerous goods 22\n34 Offence—s 33 conduct causing death or serious injury 23\n35 Alternative verdicts—s 33 conduct causing death or serious injury 24\n36 Offence—vehicle not insured or approved—owner 24\n37 Offence—vehicle not insured or approved—prime contractor 25\nDivision 3.2.1 Preliminary\n38 Application—pt 3.2 27\n39 Direction to stop pt 3.2 vehicle 28\n40 Offence—fail to comply with direction to stop pt 3.2 vehicle 29\n41 Direction to move pt 3.2 vehicle 30\n42 Offence—fail to comply with direction to move pt 3.2 vehicle 30\n43 Direction to produce document etc 31\n44 Offence—fail to comply with direction to produce document 32\n45 Direction to move pt 3.2 vehicle—dangerous situation, harm or\nobstruction 32\n46 Offence—fail to comply with direction to move pt 3.2 vehicle—\ndangerous situation, harm or obstruction 33\n47 Direction to leave pt 3.2 vehicle 34\n48 Offence—fail to comply with direction to leave pt 3.2 vehicle 35\n49 Direction in relation to immobilised pt 3.2 vehicle 35\n50 Offence—fail to comply with direction in relation to immobilised pt 3.2\nvehicle 36\n51 Direction in relation to pt 3.2 vehicle—dangerous situation 36\n52 Offence—fail to comply with direction in relation to pt 3.2 vehicle—\ndangerous situation 37\n53 Moving unattended pt 3.2 vehicle—exercise other functions 37\n\nPage\ncontents 4 Dangerous Goods (Road Transport) Act 2009\n54 Moving unattended and broken-down pt 3.2 vehicles—dangerous\nsituation or obstruction 38\n55 Moving unattended and broken-down pt 3.2 vehicles—harm or\nobstruction—driver need not be qualified or licensed 39\n56 Driving pt 3.2 vehicles—div 3.2.3—driver need not be authorised 40\nPart 3.3 Directions to give name, records and other\nthings\n57 Direction to give name and other personal details 41\n58 Offence—fail to comply with direction to give name and other personal\ndetails 42\n59 Direction to produce record, device or other thing 43\n60 Offence—fail to comply with direction to produce record, device or\nother thing 44\n61 Direction to give information 45\n62 Offence—fail to comply with direction to give information 45\n63 How direction may be given 47\n64 Direction to state time for compliance 47\n65 Amendment or cancellation of direction 48\n66 Direction may be given under more than 1 provision 48\n67 Protection from incrimination 48\n68 Definitions—pt 3.5 50\nDivision 3.5.2 Powers of authorised people in relation to pt 3.2\n69 Application—div 3.5.2 51\n70 Power of authorised people to enter and inspect pt 3.2 vehicles 51\n71 Power of authorised people to enter and search pt 3.2 vehicles 52\n72 Power to enter premises and vehicles 54\n73 Production of identity card 56\n74 Consent to entry 56\n\nPage\ncontents 5\n75 General powers on entry to premises and vehicles 58\n76 Direction to give assistance 59\n77 Offence—fail to comply with direction to give assistance 61\n78 Use of assistants and equipment 62\n79 Use of equipment to examine and process things 62\n80 Use and seizure of electronic equipment 63\n81 Power to seize things 64\n82 Removal of seized thing 65\n83 Receipt for seized thing 65\n84 Power to destroy unsafe thing 66\n85 Embargo notices 67\n86 Offence—fail to comply with embargo notice 68\n87 Offence—fail to prevent someone else doing something forbidden by\nembargo notice 69\n88 Revocation of embargo notice 69\n89 Warrants generally 70\n90 Warrants—application made other than in person 72\n91 Warrants—issue on application made other than in person 72\n92 Warrants—announcement before entry 73\n93 Details of warrant to be given to occupier etc 74\n94 Occupier entitled to observe search etc 74\n95 Moving things to another place for examination or processing under\nwarrant 75\n96 Meaning of responsible person—div 3.5.6 76\n97 Access to seized thing 76\n98 Return of seized thing 77\n99 Circumstances—s 98 78\n100 Application for order disallowing seizure 80\n101 Order disallowing seizure 80\n102 Forfeiture of seized thing 81\n103 Cost of disposal of forfeited thing 82\n\nPage\ncontents 6 Dangerous Goods (Road Transport) Act 2009\n104 Sample-taking procedure 83\n105 Damage etc to be minimised 84\n106 Restoring vehicle, premises etc to original condition after action taken 85\n107 Compensation for exercise of enforcement powers 85\n108 Definitions—div 3.6.1 87\n109 Improvement notices 87\n110 Extensions of date or time to comply with improvement notices 88\n111 Offence—fail to comply with improvement notice 89\n112 Amendment of improvement notices 90\n113 Cancellation of improvement notices 90\n114 Clearance certificates 91\n115 Definitions—div 3.6.2 91\n116 Formal warnings 92\n117 Withdrawal of formal warnings 92\n118 Meaning of dangerous activity—pt 3.7 93\n119 Prohibition notices—general 93\n120 Oral direction may be given before prohibition notice 94\n121 Offence—fail to comply with oral direction 94\n122 Prohibition notices—content 95\n123 Offence—fail to comply with prohibition notice 96\n124 Amendment of prohibition notices 96\n125 Withdrawal of prohibition notices 97\n126 Proceeding for offence not affected by prohibition notice 97\n127 Meaning of associate—pt 3.8 98\n\nPage\ncontents 7\nDivision 3.8.1A Proceedings for offences\n127A Proceedings for offences 99\n127B Proceedings may be brought by authorised person 99\n127C Period within which proceedings for offences may be commenced 99\n128 Penalties imposed by courts 100\nDivision 3.8.2 Commercial benefits penalty orders\n129 Commercial benefits penalty orders 100\n130 Commercial benefits penalty orders—estimating gross commercial\nbenefit 102\n131 Penalties involving licences 102\n132 Penalties involving vehicle registration 103\n133 Supervisory intervention orders 104\n134 Supervisory intervention orders—compliance reports 106\n135 Supervisory intervention orders—amendment and revocation 107\n136 Offence—fail to comply with supervisory intervention order 108\n137 Exclusion orders 108\n138 Exclusion orders—amendment and revocation 109\n139 Offence—fail to comply with exclusion order 110\n140 Forfeiture 110\nDivision 3.9.1 Definitions—pt 3.9\n141 Definitions—pt 3.9 111\nDivision 3.9.2 Roads compensation orders for damage to road\ninfrastructure\n142 Roads compensation orders—making 111\n143 Roads compensation orders—application 112\n144 Roads compensation orders—assessment 112\n145 Roads compensation orders—certificates 113\n\nPage\ncontents 8 Dangerous Goods (Road Transport) Act 2009\n146 Roads compensation orders—limits on amount 114\n146A Recovery of costs orders—making 114\n146B Recovery of costs orders—application 115\n147 Compensation orders—costs 115\n148 Compensation orders—enforcement 116\n149 Compensation orders—other orders and awards 116\n150 Meaning of exemption 117\n151 Exemptions by competent authorities—general 117\n152 Offence—fail to comply with exemption condition 118\n153 Offence—fail to keep copy of notice in premises or vehicle 118\n154 Exemption—competent authority to tell other competent authorities 119\n155 Amendment and cancellation of exemptions and conditions 119\n156 Declaration by Minister—amend or suspend regulation’s operation 120\n156A Multiple offenders 121\n156B Double jeopardy 121\n157 Criminal liability of executive officers of corporations 122\n158 Offence—partners etc taken to have committed offences of other\npartners 124\n159 Offence—managers etc of unincorporated associations taken to have\ncommitted offences of other managers etc 125\n159A Offence—employers taken to have committed offences of employees 125\n160 Exception for owners and operators 126\n161 Exception if complying with direction 127\n162 Acts and omissions of representatives 128\n163 Evidence—certificate signed by authorised person 129\n164 Evidence—certain documents signed by competent authority 130\n\nPage\ncontents 9\n165 Evidence—mass of vehicle or packaging 131\n166 Proof of appointments and signatures unnecessary 131\n167 Evidence—transport documentation 132\n168 Use of codes of practice etc in proceedings 132\n169 Definitions—ch 4 134\n170 Internal review notices 134\n171 Applications for internal review 135\n172 Applications not stay internally reviewable decisions 135\n173 Internal reviewer 136\n174 Review by internal reviewer 136\n175 Reviewable decision notices 136\n176 Applications for review 137\n177 Definitions—pt 5.1 138\n178 Secrecy 138\n179 Information sharing guidelines 141\n180 Offence—information not to be used for other purposes 141\n181 Competent authority may give seized records etc to public authorities 141\n182 Protection from liability 143\n183 Indemnity not affected by certain matters 143\n184 Other indemnities not affected 144\nPart 5.3 Victimisation of people for reporting breaches\nand assisting with investigations\n185 Definitions—pt 5.3 145\n186 Offence—victimisation of employees for reporting breaches or\nassisting with investigations 145\n\nPage\ncontents 10 Dangerous Goods (Road Transport) Act 2009\n187 Offence—victimisation of prospective employees for reporting\nbreaches or assisting with investigations 146\n188 Victimisation offences—order for compensation 148\n189 Victimisation offences—order for re-employment etc 148\n190 Offence—fail to comply with employment order 149\n190A Making false or misleading statements to authorised person 150\n190B Producing false or misleading records to authorised person 151\n191 Contracting out prohibited 153\n191A Recovery of costs of public authorities 153\n192 Assistance in emergencies or accidents 155\n193 Delegation by Minister—limitation 155\n194 Determination of fees 155\n196 Regulation-making power 156\n197 Regulations—certain specific matters 156\n198 Regulations—things used in the transport of dangerous goods 157\n199 Regulations—competent and corresponding authorities etc 157\n200 Regulations—accreditation and training etc 159\n201 Regulations—stated entities 160\n202 Regulations—application etc of laws of other jurisdictions and\ninstruments 160\nDictionary 161\n1 About the endnotes 171\n2 Abbreviation key 171\n3 Legislation history 172\n4 Amendment history 174\n\nPage\ncontents 11\n","sortOrder":0},{"sectionNumber":"5","sectionType":"section","heading":"Earlier republications 179","content":"5 Earlier republications 179\n","sortOrder":1},{"sectionNumber":"6","sectionType":"section","heading":"Expired transitional or validating provisions 180","content":"6 Expired transitional or validating provisions 180\n\nAn Act to make provision for safety in the transport of dangerous goods by road\nas part of the system of nationally consistent road transport laws, and for other\npurposes\n\n","sortOrder":2},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"1 Name of Act\nThis Act is the Dangerous Goods (Road Transport) Act 2009.\n","sortOrder":3},{"sectionNumber":"3","sectionType":"section","heading":"Dictionary","content":"3 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in this\nAct, and includes references (signpost definitions) to other terms defined\nelsewhere.\nFor example, the signpost definition ‘vehicle—see the Road Transport\n(General) Act 1999, dictionary.’ means that the term ‘vehicle’ is defined\nin that dictionary and the definition applies to this Act.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire Act unless the definition, or another provision of the Act,\nprovides otherwise or the contrary intention otherwise appears\n(see Legislation Act, s 155 and s 156 (1)).\n","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Notes","content":"4 Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n\nIntroduction Part 1.1\n5 Offences against Act—application of Criminal Code etc\nOther legislation applies in relation to offences against this Act.\nNote 1 Criminal Code\nThe Criminal Code, ch 2 applies to all offences against this Act\n(see Code, pt 2.1).\nThe chapter sets out the general principles of criminal responsibility\n(including burdens of proof and general defences), and defines terms used\nfor offences to which the Code applies (eg conduct, intention,\nrecklessness and strict liability).\nNote 2 Penalty units\nThe Legislation Act, s 133 deals with the meaning of offence penalties\nthat are expressed in penalty units.\n6 Purpose of Act\nThe purpose of this Act is to regulate the transport of dangerous goods\nby road in order to—\n(a) promote public safety; and\n(b) protect property and the environment.\n","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Application of Act","content":"7 Application of Act\nThis Act does not apply to—\n(a) dangerous goods that are, or form part of, a person’s personal\nsafety equipment in a vehicle transporting dangerous goods; and\n(b) dangerous goods that are in a container that is designed to form\npart of, and forms part of, the fuel or battery system of a\nvehicle’s engine, auxiliary engine, fuel burning appliance or\nother part of a vehicle’s propulsion equipment.\n\n","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Inconsistency with other laws","content":"8 Inconsistency with other laws\n(1) If this Act is inconsistent with a dangerous goods law, the dangerous\ngoods law prevails.\n(2) If this Act is inconsistent with the Radiation Protection Act 2006,\nthat Act prevails.\ndangerous goods law means a law in force in the ACT that—\n(a) relates to the storage and handling of dangerous goods; but\n(b) does not relate to the transport of dangerous goods by road.\nNote Dangerous goods law does not include the Dangerous Substances\nAct 2004 or the Work Health and Safety Act 2011 because both of those\nActs relate to the transport of dangerous goods by road. The interaction\nbetween this Act and the Dangerous Substances Act 2004 is dealt with in\nthat Act, s 8. The interaction between this Act and the Work Health and\nSafety Act 2011 is dealt with in that Act, s 12.\n\n","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Meaning of compliance purposes","content":"9 Meaning of compliance purposes\n(1) For this Act, a function is exercised for compliance purposes if the\nfunction is exercised to—\n(a) find out whether this Act is being complied with; or\n(b) investigate an offence, or suspected offence, against this Act.\n(2) To remove any doubt, a function may be exercised for compliance\npurposes even if the function is also exercised for 1 or more other\npurposes.\n","sortOrder":8},{"sectionNumber":"10","sectionType":"section","heading":"Meaning of consigns and consignor","content":"10 Meaning of consigns and consignor\n(1) For this Act, a person consigns goods for transport, and is the\nconsignor of the goods, if—\n(a) subsection (2) applies to the person; or\n(b) subsection (2) does not apply to the person or anyone else, but\nsubsection (3) applies to the person; or\n(c) subsections (2) and (3) do not apply to the person or anyone else,\nbut subsection (4) applies to the person.\n(2) This subsection applies to a person who, with the person’s authority,\nis named or otherwise identified in transport documentation as the\nconsignor of the goods.\n(3) This subsection applies to a person who—\n(a) engages a prime contractor, either directly or through an agent\nor other intermediary, to transport the goods; or\n\n(b) if paragraph (a) does not apply—has possession of, or control\nover, the goods immediately before the goods are transported;\nor\n(c) if neither paragraph (a) nor (b) applies—loads a vehicle with the\ngoods, for transport, at a place—\n(i) where dangerous goods are awaiting collection; and\n(ii) that is unattended (except by the driver) during loading.\n(4) This subsection applies to a person if—\n(a) the goods are imported into Australia; and\n(b) the person is the importer of the goods.\n","sortOrder":9},{"sectionNumber":"11","sectionType":"section","heading":"Meaning of packaging","content":"11 Meaning of packaging\nFor this Act, packaging, in relation to goods, is anything that\ncontains, holds, protects or encloses the goods, whether directly or\nindirectly, to enable them to be received or held for transport, or to be\ntransported, and includes anything declared by regulation to be\npackaging.\nNote 1 It may be that a container constitutes the whole of the packaging of goods,\nas in the case of a drum in which dangerous goods are directly placed.\nNote 2 Unlike in United Nations publications relating to the transport of\ndangerous goods, the term packaging is defined in this Act in accordance\nwith its ordinary meaning.\n","sortOrder":10},{"sectionNumber":"12","sectionType":"section","heading":"Meaning of packs and packer","content":"12 Meaning of packs and packer\nFor this Act, a person packs goods for transport, and is a packer of\nthe goods, if the person—\n(a) puts the goods in packaging (even if that packaging is already in\na vehicle); or\n\n(b) assembles, places or secures packages in packaging designed to\nhold, enclose or otherwise contain more than 1 package (even if\nthat packaging is already in a vehicle); or\n(c) supervises an activity mentioned in paragraph (a) or (b); or\n(d) manages or controls an activity mentioned in paragraph (a), (b)\nor (c).\nA person who uses a hose to fill the tank of a tank vehicle with petrol packs the\npetrol for transport for this Act.\nNote Tank vehicle—see the dictionary.\n","sortOrder":11},{"sectionNumber":"13","sectionType":"section","heading":"Meaning of loads and loader","content":"13 Meaning of loads and loader\n(1) For this Act, a person loads goods for transport, and is a loader of the\ngoods, if the person—\n(a) loads 1 or more packages of the goods in a vehicle; or\n(b) places or secures 1 or more packages of the goods in a vehicle;\nor\n(c) supervises an activity mentioned in paragraph (a) or (b); or\n(d) manages or controls an activity mentioned in paragraph (a), (b)\nor (c).\n(2) Subsection (1) does not apply to—\n(a) the loading of goods into packaging that is already in a vehicle;\nor\n(b) the placing or securing of packages in or on further packaging\nthat is already in a vehicle.\n\n","sortOrder":12},{"sectionNumber":"14","sectionType":"section","heading":"Meaning of operator","content":"14 Meaning of operator\n(1) For this Act, a person is an operator of a vehicle if—\n(a) for a vehicle (including a vehicle in a group of vehicles that are\nphysically connected)—the person is responsible for controlling\nor directing the operations of the vehicle; or\n(b) for a group of vehicles that are physically connected—\nthe person is responsible for controlling or directing the\noperations of the towing vehicle in the group.\n(2) A person is not an operator of a vehicle only because the person owns\nthe vehicle or does any or all of the following:\n(a) drives the vehicle;\n(b) maintains or arranges for the maintenance of the vehicle;\n(c) arranges for the registration of the vehicle.\n","sortOrder":13},{"sectionNumber":"15","sectionType":"section","heading":"Meaning of qualified to drive vehicle or run engine","content":"15 Meaning of qualified to drive vehicle or run engine\nFor this Act, a person is qualified to drive a vehicle, or run its engine,\nif the person—\n(a) holds a driver licence of the appropriate class to drive the vehicle\nand the driver licence is not suspended; and\n(b) is not prevented under a law from driving the vehicle at the\nrelevant time.\nExample—law preventing person from driving\ncondition of the person’s licence that the person not drive the vehicle\n16 Meaning of fit to drive vehicle or run engine\nFor this Act, a person is fit to drive a vehicle, or run its engine, if the\nperson—\n(a) is apparently physically and mentally fit to drive the vehicle; and\n\n(b) without limiting paragraph (a), is apparently not affected by\nalcohol or a drug that affects the person’s fitness to drive; and\n(c) is not, at the relevant time, found to have a concentration of\nalcohol in the person’s blood that exceeds the amount permitted\nby a territory law; and\n(d) is not, at the relevant time, found to have a drug in the person’s\nblood or oral fluid in contravention of a territory law.\n","sortOrder":14},{"sectionNumber":"17","sectionType":"section","heading":"Meaning of authorised to drive or run engine","content":"17 Meaning of authorised to drive or run engine\n(1) For this Act, a person is authorised to drive a vehicle if the person—\n(a) is the operator of the vehicle; or\n(b) has the authority of the operator of the vehicle to drive the\n(2) For this Act, a person is authorised to run the engine of a vehicle if\nthe person—\n(a) is the operator of the vehicle; or\n(b) has the authority of the operator of the vehicle to drive the\nvehicle or run its engine.\n(3) To avoid any doubt, a person may be authorised to drive a vehicle or\nrun its engine, whether or not the person is qualified to drive the\nvehicle or run its engine.\n","sortOrder":15},{"sectionNumber":"18","sectionType":"section","heading":"Meaning of unattended vehicle","content":"18 Meaning of unattended vehicle\n(1) For this Act, a vehicle is unattended—\n(a) if an authorised person is near the vehicle—if there is, after\ninspection and enquiry by the person that is reasonable in the\ncircumstances, apparently no one in or near the vehicle who\nappears to be a driver of the vehicle; or\n\n(b) if an authorised person is not near the vehicle but is able to\ninspect the area near the vehicle by way of a camera or other\nremote surveillance system—if there is, after inspection by the\nperson that is reasonable in the circumstances, apparently no one\nin or near the vehicle who appears to be a driver of the vehicle;\nor\n(c) if there appears to be a person (the assumed driver) who is the\ndriver of the vehicle in or near the vehicle—if the authorised\nperson believes on reasonable grounds that—\n(i) the assumed driver is not qualified, not fit or not authorised\nto drive the vehicle; or\n(ii) the assumed driver is or appears to be unwilling to drive\nthe vehicle; or\n(iii) the assumed driver is subject to a direction under\nsection 47 (Direction to leave pt 3.2 vehicle) in relation to\nthe vehicle.\ndriver, of a vehicle that is a trailer, and is not connected (either\ndirectly or by 1 or more other trailers) to a towing vehicle, means the\ndriver of the towing vehicle of the combination to which the trailer\nwas, or apparently was, last connected.\n\n","sortOrder":16},{"sectionNumber":"19","sectionType":"section","heading":"Meaning of broken-down vehicle or trailer","content":"19 Meaning of broken-down vehicle or trailer\nIn this Act:\nbroken-down means—\n(a) for a vehicle—a vehicle that is impossible to drive because the\nvehicle is disabled through damage, mechanical failure, lack of\nfuel or a similar reason; and\n(b) for a trailer—a trailer that is not connected (either directly or by\n1 or more other trailers) to a towing vehicle, whether or not the\ntrailer is also disabled through damage, mechanical failure or a\nsimilar reason.\n\n","sortOrder":17},{"sectionNumber":"Part 2","sectionType":"part","heading":"Competent authorities and","content":"Chapter 2 Competent authorities and\nauthorised people\n","sortOrder":18},{"sectionNumber":"20","sectionType":"section","heading":"Competent authorities","content":"20 Competent authorities\n(1) The Minister must declare 1 or more entities as competent authorities\nfor this Act.\n(2) A declaration is a notifiable instrument.\n","sortOrder":19},{"sectionNumber":"21","sectionType":"section","heading":"Competent authority may delegate functions","content":"21 Competent authority may delegate functions\n(1) A competent authority may delegate the authority’s functions under\nthis Act to—\n(a) an authorised person appointed by the authority; or\n(b) a police officer; or\n(c) a public employee; or\n(d) another person prescribed by regulation.\nNote 1 For the making of delegations and the exercise of delegated functions,\nsee the Legislation Act, pt 19.4.\nNote 2 In particular, the delegation must be in writing (see Legislation Act,\ns 232).\nNote 3 A reference to an Act includes a reference to the statutory instruments\n(2) However, subsection (1) does not apply to the authority’s function to\nappoint an authorised person.\n\nCompetent authorities Part 2.1\n","sortOrder":20},{"sectionNumber":"22","sectionType":"section","heading":"Competent authority may give information to","content":"22 Competent authority may give information to\ncorresponding authority\nA competent authority may give the following information to a\ncorresponding authority:\n(a) information about any action taken by the competent authority\nunder this Act;\n(b) any information obtained under this Act, including any\ninformation contained in a record, device or other thing\ninspected or seized under this Act.\n\n","sortOrder":21},{"sectionNumber":"23","sectionType":"section","heading":"Authorised people","content":"23 Authorised people\n(1) Each of the following is an authorised person for this Act:\n(a) a competent authority;\n(b) a police officer;\n(c) a person appointed under subsection (2).\n(2) A competent authority (the appointing competent authority) may\nappoint a person as an authorised person for this Act.\nNote 1 For the making of appointments (including acting appointments), see the\nLegislation Act, pt 19.3.\nNote 2 In particular, a person may be appointed for a particular provision of a\nlaw (see Legislation Act, s 7 (3)) and an appointment may be made by\nnaming a person or nominating the occupant of a position (see Legislation\nAct, s 207).\n","sortOrder":22},{"sectionNumber":"24","sectionType":"section","heading":"Identity cards","content":"24 Identity cards\n(1) The appointing competent authority must give an authorised person\n(other than a police officer) an identity card stating the authorised\nperson’s name and that the person is an authorised person.\n(2) The identity card must show—\n(a) a recent photograph of the authorised person; and\n(b) the card’s date of issue and expiry; and\n(c) anything else prescribed by regulation.\n(3) A person commits an offence if—\n(a) the person stops being an authorised person; and\n\nAuthorised people Part 2.2\n(b) the person does not return the person’s identity card to the\nappointing competent authority as soon as practicable (but not\nlater than 7 days) after the day the person stops being an\nMaximum penalty: 1 penalty unit.\n(4) Subsection (3) does not apply to a person if the person’s identity card\nhas been—\n(a) lost or stolen; or\n(b) destroyed by someone other than the person.\n(5) An offence against this section is a strict liability offence.\n","sortOrder":23},{"sectionNumber":"25","sectionType":"section","heading":"Production of identity cards","content":"25 Production of identity cards\n(1) An authorised person who is not a police officer must—\n(a) carry the authorised person’s identity card while exercising a\nfunction under this Act; and\n(b) produce the card before exercising a function under this Act.\nNote 1 A reference to an Act includes a reference to the statutory instruments\nNote 2 An authorised person must produce the card in certain circumstances\n(see pt 3.5).\n(2) A police officer exercising a function as an authorised person under\nthis Act must comply with a request to identify themselves by—\n(a) producing evidence that the person is a police officer; or\n(b) stating orally or in writing the person’s name, rank and place of\nduty.\n\n(3) Subsection (2) does not apply in relation to a police officer in\nuniform.\n","sortOrder":24},{"sectionNumber":"25A","sectionType":"section","heading":"Impersonating authorised person","content":"25A Impersonating authorised person\nA person must not impersonate an authorised person.\nMaximum penalty: 60 penalty units.\n","sortOrder":25},{"sectionNumber":"25B","sectionType":"section","heading":"Obstructing or hindering authorised person","content":"25B Obstructing or hindering authorised person\n(a) the person, without reasonable excuse, obstructs or hinders—\n(i) an authorised person in the exercise of the authorised\nperson’s functions under this Act; or\n(ii) a person assisting an authorised person in the exercise of\nthe authorised person’s functions under this Act; and\n(b) the authorised person’s functions were being exercised lawfully.\nMaximum penalty: 60 penalty units.\n(2) Without limiting subsection (1) (b), a function is exercised lawfully\nif it is—\n(a) exercisable without consent; or\n(b) exercised with consent or under a warrant.\n","sortOrder":26},{"sectionNumber":"26","sectionType":"section","heading":"Reciprocal powers agreements","content":"26 Reciprocal powers agreements\n(1) This section has effect in relation to another jurisdiction if the\ncorresponding law of the other jurisdiction contains provisions\ncorresponding to this section.\n\nAuthorised people Part 2.2\n(2) The Minister may enter into an agreement (a reciprocal powers\nagreement) with a Minister of the other jurisdiction—\n(a) for section 27; and\n(b) to amend or revoke the agreement.\n(3) A reciprocal powers agreement is a notifiable instrument.\n","sortOrder":27},{"sectionNumber":"27","sectionType":"section","heading":"Reciprocal powers agreements—functions","content":"27 Reciprocal powers agreements—functions\n(1) To the extent anticipated by a reciprocal powers agreement with\nanother jurisdiction—\n(a) an authorised person (including a police officer) may, in the\nACT or other jurisdiction, exercise functions given to an\ninterstate authorised person under the corresponding law of the\nother jurisdiction; and\n(b) a police officer may, in the ACT or other jurisdiction, exercise\nfunctions given to an interstate police officer under the\ncorresponding law of the other jurisdiction; and\n(c) an interstate authorised person of the other jurisdiction may, in\nthe ACT or other jurisdiction, exercise functions given to\nauthorised people (other than police officers in their capacity as\npolice officers) under this Act; and\n(d) an interstate police officer of the other jurisdiction may, in the\nACT or other jurisdiction, exercise functions given to an\nauthorised person (including a police officer) under this Act.\n(2) Anything done or omitted to be done by an authorised person or\npolice officer under subsection (1) (a) or (b) is taken to have been\ndone under this Act as well as under the corresponding law.\n\n(3) A regulation may make provision for the exercise of functions under\nthis section.\ninterstate authorised person, of another jurisdiction, means an\nauthorised person (however described), other than a police officer, of\nthe other jurisdiction.\ninterstate police officer, of another jurisdiction, means a police\nofficer of the other jurisdiction.\n\n","sortOrder":28},{"sectionNumber":"Part 3","sectionType":"part","heading":"1 Offences—licensing, safety and","content":"Part 3.1 Offences—licensing, safety and\ninsurance obligations\n","sortOrder":29},{"sectionNumber":"28","sectionType":"section","heading":"Offences—licensing of vehicles transporting dangerous","content":"28 Offences—licensing of vehicles transporting dangerous\n(1) A prime contractor must not use a vehicle to transport dangerous\ngoods (other than as the driver of the vehicle) if—\n(2) A person must not consign dangerous goods for transport in a vehicle\nif the person knows, or ought reasonably to know, that—\n(3) A person must not drive a vehicle transporting dangerous goods if—\n(4) Strict liability applies to subsection (3).\n\n","sortOrder":30},{"sectionNumber":"29","sectionType":"section","heading":"Offences—licensing of drivers transporting dangerous","content":"29 Offences—licensing of drivers transporting dangerous\n(a) the person employs, engages, causes or permits someone else to\ndrive a vehicle transporting dangerous goods; and\n(b) the other person is required by regulation to be licensed to drive\nthe vehicle; and\n(c) the other person is not licensed as required.\n(2) A person must not drive a vehicle transporting dangerous goods if—\n(a) a regulation requires the person to be licensed to drive the\n(b) the person is not licensed as required.\n(3) Strict liability applies to subsections (1) (b) and (2).\n","sortOrder":31},{"sectionNumber":"30","sectionType":"section","heading":"Offences—goods too dangerous to be transported","content":"30 Offences—goods too dangerous to be transported\n(a) the person consigns goods for transport by road; and\n(b) a regulation identifies the goods as being goods too dangerous\nto be transported; and\n(c) the person is negligent about whether the goods are goods too\ndangerous to be transported.\n\n(2) A person commits an offence if—\n(a) the person arranges the transport of goods in a vehicle owned or\ncontrolled by the person; and\n(b) a regulation identifies the goods as being goods too dangerous\nto be transported; and\n(c) the person is negligent about whether the goods are goods too\ndangerous to be transported.\n","sortOrder":32},{"sectionNumber":"31","sectionType":"section","heading":"Offence—s 30 conduct causing death or serious injury","content":"31 Offence—s 30 conduct causing death or serious injury\n(a) the person engages in conduct that is a physical element of an\noffence mentioned in section 30; and\n(b) the conduct causes the death of, or serious injury to, someone\n(c) the person intends to cause, or is reckless about causing, the\ndeath of, or serious injury to, the other person or anyone else by\nthe conduct.\nMaximum penalty: 1 000 penalty units, imprisonment for 4 years or\ncauses death or serious injury—a person causes death or serious\ninjury if the person’s conduct substantially contributes to the death or\ninjury.\nconduct includes omission.\n\n","sortOrder":33},{"sectionNumber":"32","sectionType":"section","heading":"Alternative verdicts—s 30 conduct causing death or","content":"32 Alternative verdicts—s 30 conduct causing death or\nserious injury\n(1) This section applies if, in a prosecution for an offence against\nsection 31, the trier of fact is not satisfied beyond reasonable doubt\nthat the defendant committed the offence but is satisfied beyond\nreasonable doubt that the defendant committed the offence against\nsection 30 (Offences—goods too dangerous to be transported).\n(2) The trier of fact may find the defendant guilty of the offence against\nsection 30, but only if the defendant has been given procedural\nfairness in relation to that finding of guilt.\n","sortOrder":34},{"sectionNumber":"33","sectionType":"section","heading":"Offences—transport of dangerous goods","content":"33 Offences—transport of dangerous goods\n(a) is involved in the transport of dangerous goods by road; and\n(b) fails to ensure that the goods are transported in a safe way.\n(2) A person commits an offence if the person—\n(a) is involved in the transport of dangerous goods by road; and\n(b) fails to comply with this Act; and\n(c) knows or ought reasonably to know that the failure is likely to\nendanger—\n(i) the safety of people; or\n(ii) property or the environment.\n\n(3) It is a defence to a prosecution for an offence against subsection (1)\nif the defendant proves that—\n(a) the defendant, as far as practicable, ensured that the goods were\ntransported in a safe way; or\n(b) the—\n(i) offence is brought about by someone else over whom the\ndefendant has no control or by a non-human act or event\nover which the defendant has no control; and\n(ii) defendant could not reasonably have been expected to\nguard against the bringing about of the offence.\ns (3) (see Criminal Code, s 59).\n","sortOrder":35},{"sectionNumber":"34","sectionType":"section","heading":"Offence—s 33 conduct causing death or serious injury","content":"34 Offence—s 33 conduct causing death or serious injury\n(a) the person engages in conduct that is a physical element of an\noffence mentioned in section 33; and\n(b) the conduct causes the death of, or serious injury to, someone\n(c) the person intends to cause, or is reckless about causing, the\ndeath of, or serious injury to, the other person or anyone else by\nthe conduct.\nMaximum penalty: 1 000 penalty units, imprisonment for 4 years or\ncauses death or serious injury—see section 31 (2).\nconduct—see section 31 (2).\n\n","sortOrder":36},{"sectionNumber":"35","sectionType":"section","heading":"Alternative verdicts—s 33 conduct causing death or","content":"35 Alternative verdicts—s 33 conduct causing death or\nserious injury\n(1) This section applies if, in a prosecution for an offence against section\n34, the trier of fact is not satisfied beyond reasonable doubt that the\ndefendant committed the offence but is satisfied beyond reasonable\ndoubt that the defendant committed the offence against section 33\n(Offences—transport of dangerous goods).\n(2) The trier of fact may find the defendant guilty of the offence against\nsection 33, but only if the defendant has been given procedural\nfairness in relation to that finding of guilt.\n","sortOrder":37},{"sectionNumber":"36","sectionType":"section","heading":"Offence—vehicle not insured or approved—owner","content":"36 Offence—vehicle not insured or approved—owner\n(1) The owner of a vehicle commits an offence—\n(a) if the owner uses the vehicle, or permits it to be used, to transport\na placard load; and\n(b) if—\n(i) the use of the vehicle is not covered by an insurance policy\nor other form of indemnity for an amount not less than\n$5 000 000 or, if another amount is prescribed by\nregulation, the prescribed amount in relation to—\n(A) personal injury, death, property damage and other\ndamage (except consequential economic loss) arising\nout of any fire, explosion, leakage or spillage of\ndangerous goods in or from the vehicle or any\npackaging transported in the vehicle; and\n(B) costs incurred by or on behalf of a Commonwealth,\nState or Territory government authority in a clean-up\nresulting from such a fire, explosion, leakage or\nspillage; or\n\n(ii) if—\n(A) the owner does not have an approval under a\nregulation in relation to the use of the vehicle; or\n(B) the owner has an approval under a regulation in\nrelation to the use of the vehicle, but is not complying\nwith any relevant condition of the approval.\nvehicle means each load-bearing vehicle, whether or not a motor\nvehicle and whether or not it is being used in combination with\nanother vehicle.\n","sortOrder":38},{"sectionNumber":"37","sectionType":"section","heading":"Offence—vehicle not insured or approved—prime","content":"37 Offence—vehicle not insured or approved—prime\ncontractor\n(1) A prime contractor commits an offence—\n(a) if the prime contractor uses a vehicle to transport a placard load;\nand\n(b) if—\n(i) the use of the vehicle is not covered by an insurance policy\nor other form of indemnity for an amount not less than\n$5 000 000 or, if another amount is prescribed by\nregulation, the prescribed amount in relation to—\n(A) personal injury, death, property damage and other\ndamage (except consequential economic loss) arising\nout of any fire, explosion, leakage or spillage of\ndangerous goods in or from the vehicle or any\npackaging transported in the vehicle; and\n\n(B) costs incurred by or on behalf of a Commonwealth,\nState or Territory government authority in a clean-up\nresulting from such a fire, explosion, leakage or\nspillage; or\n(ii) if—\n(A) the prime contractor does not have an approval under\na regulation in relation to the vehicle; or\n(B) the prime contractor has an approval under a\nregulation in relation to the use of the vehicle, but is\nnot complying with any relevant condition of the\napproval.\nvehicle—see section 36 (3).\n\nPreliminary Division 3.2.1\nPart 3.2 General powers—pt 3.2 vehicles\nand drivers\nDivision 3.2.1 Preliminary\n38 Application—pt 3.2\n(1) This part applies to a vehicle (a part 3.2 vehicle) if—\n(a) 1 or more of the following applies to the vehicle:\n(i) it has a placard on it;\n(ii) it is carrying a container that has a placard on it;\n(iii) an authorised person believes on reasonable grounds that it\nis carrying dangerous goods or goods too dangerous to be\ntransported;\n(iv) an authorised person believes on reasonable grounds that it\nis licensed under a regulation to carry dangerous goods, or\nthat it is used to carry goods for commercial purposes; and\n(b) the vehicle is—\n(i) on a road or road related area; or\n(ii) at a public place; or\n(iii) at premises occupied or owned by the Territory,\na competent authority or any other public authority; or\n(iv) at premises where an authorised person is lawfully present\nafter entry under part 3.5 (Enforcement).\n(2) This part applies to the driver of a part 3.2 vehicle who is apparently\nin or near the vehicle.\n\npublic place means a place which is open to or used by the public or\na section of the public, or used for a public purpose, whether—\n(a) by payment, membership of a body or otherwise; or\n(b) by entitlement or permission.\n","sortOrder":39},{"sectionNumber":"Div 3","sectionType":"division","heading":"2.2 Directions in relation to pt 3.2","content":"Division 3.2.2 Directions in relation to pt 3.2\n","sortOrder":40},{"sectionNumber":"39","sectionType":"section","heading":"Direction to stop pt 3.2 vehicle","content":"39 Direction to stop pt 3.2 vehicle\n(1) An authorised person may, for compliance purposes, direct—\n(a) the driver of a part 3.2 vehicle to stop the vehicle; or\n(b) the driver of a part 3.2 vehicle, or anyone else, not to do 1 or\n(i) move the vehicle;\n(ii) interfere with the vehicle or any equipment in the vehicle;\n(iii) interfere with the load in the vehicle.\n(2) A direction to stop a part 3.2 vehicle may require that the vehicle be\nstopped—\n(a) without delay; or\n(b) at the nearest place that the vehicle can be safely stopped as\nindicated by the authorised person.\n\n(3) A direction given under subsection (1) does not prevent an authorised\nperson from giving the driver or another person a later inconsistent\ndirection under another provision of this Act.\n(4) A direction given under subsection (1) ceases to be operative to the\nextent that an authorised person—\n(a) gives the driver or another person a later inconsistent direction;\nor\n(b) indicates to the person to whom the direction is given that the\ndirection is no longer operative.\n(5) An authorised person may direct a part 3.2 vehicle to be stopped only\nfor the amount of time necessary for the person to exercise the\nfunction.\nstop a vehicle means stop the vehicle and keep the vehicle stationary.\n","sortOrder":41},{"sectionNumber":"40","sectionType":"section","heading":"Offence—fail to comply with direction to stop pt 3.2","content":"40 Offence—fail to comply with direction to stop pt 3.2\n(a) the person is subject to a direction under section 39; and\n(b) the person fails to comply with the direction.\n\n","sortOrder":42},{"sectionNumber":"41","sectionType":"section","heading":"Direction to move pt 3.2 vehicle","content":"41 Direction to move pt 3.2 vehicle\n(1) An authorised person may, for compliance purposes, direct the driver\nof a part 3.2 vehicle to move the vehicle, or cause the vehicle to be\nmoved, to the nearest suitable location, within the maximum distance,\nthat is stated by the authorised person.\nmaximum distance, in relation to a vehicle, means a distance (in any\ndirection) within a radius of 30km of—\n(a) the location of the vehicle when the direction is given; or\n(b) any point along the forward route of the journey, if the direction\nis given during a journey of the vehicle.\nsuitable location, for an authorised person giving a direction, means\na location that the person believes on reasonable grounds to be\nsuitable for complying with the direction, having regard to any\nmatters the person considers relevant in the circumstances.\n","sortOrder":43},{"sectionNumber":"42","sectionType":"section","heading":"Offence—fail to comply with direction to move pt 3.2","content":"42 Offence—fail to comply with direction to move pt 3.2\n(a) is subject to a direction under section 41; and\n\n(3) This section does not apply to a defendant if—\n(a) it was not practicable for the defendant to move the vehicle\nbecause the vehicle was broken-down; and\n(b) the breakdown happened for a physical reason beyond the\ndefendant’s control; and\n(c) the breakdown could not be readily rectified in a way that would\nallow the direction to be complied with within a reasonable time.\n","sortOrder":44},{"sectionNumber":"43","sectionType":"section","heading":"Direction to produce document etc","content":"43 Direction to produce document etc\n(1) An authorised person may, for compliance purposes, direct the driver\nof a part 3.2 vehicle to produce—\n(a) the driver’s driver licence; or\n(b) any licence the driver is required to have under a regulation; or\n(c) any transport documentation that is required to be carried in the\nvehicle under a regulation.\n(2) The authorised person may seize a licence produced under this\nsection if the person believes on reasonable grounds that—\n(a) the licence has been cancelled or suspended; or\n(b) the licence has otherwise ceased to have effect; or\n(c) the licence has been amended and the amendment is not\nrecorded on the licence; or\n(d) the person who produced the licence is not the licensee.\n\n(3) Also, an authorised person to whom a document that appears to be a\nlicence or transport documentation is produced in response to the\ndirection may seize the document if the person believes on reasonable\ngrounds that the document is not a licence or transport\ndocumentation.\n","sortOrder":45},{"sectionNumber":"44","sectionType":"section","heading":"Offence—fail to comply with direction to produce","content":"44 Offence—fail to comply with direction to produce\ndocument\n(a) is subject to a direction under section 43; and\n","sortOrder":46},{"sectionNumber":"45","sectionType":"section","heading":"Direction to move pt 3.2 vehicle—dangerous situation,","content":"45 Direction to move pt 3.2 vehicle—dangerous situation,\nharm or obstruction\ngrounds that a part 3.2 vehicle is—\n(a) causing a dangerous situation or is causing serious harm,\nor creating an imminent risk of serious harm, to road\ninfrastructure; or\n(b) causing, or likely to cause, an obstruction to traffic or any event\nlawfully authorised to be held on a road or road related area; or\n(c) obstructing, or likely to obstruct, 1 or more vehicles entering or\nleaving land adjacent to a road or road related area.\n\n(2) The authorised person may direct the driver of the vehicle, or a person\nwho is apparently in charge of the vehicle, to do either or both of the\n(a) move the vehicle, or cause the vehicle to be moved, to the extent\nreasonably necessary to avoid the situation, harm or obstruction;\n(b) do anything else reasonably required by the authorised person,\nor to cause anything else reasonably required by the person to\nbe done, to avoid the situation, harm or obstruction.\n","sortOrder":47},{"sectionNumber":"46","sectionType":"section","heading":"Offence—fail to comply with direction to move pt 3.2","content":"46 Offence—fail to comply with direction to move pt 3.2\nvehicle—dangerous situation, harm or obstruction\n(a) is subject to a direction under section 45; and\n(3) This section does not apply to a defendant who is given a direction\nunder section 45 (2) (a) if—\n(a) it was not practicable for the defendant to move the vehicle\nbecause the vehicle was broken-down; and\n(b) the breakdown happened for a physical reason beyond the\ndefendant’s control; and\n\n(c) the breakdown could not be readily rectified in a way that would\nallow the direction to be complied with within a reasonable time.\n","sortOrder":48},{"sectionNumber":"47","sectionType":"section","heading":"Direction to leave pt 3.2 vehicle","content":"47 Direction to leave pt 3.2 vehicle\n(a) the driver of a part 3.2 vehicle fails to comply with a direction\ngiven by an authorised person under—\n(i) section 39 (Direction to stop pt 3.2 vehicle); or\n(ii) section 41 (Direction to move pt 3.2 vehicle); or\n(iii) section 43 (Direction to produce document etc); or\n(iv) section 45 (Direction to move pt 3.2 vehicle—dangerous\nsituation, harm or obstruction); or\n(b) an authorised person believes on reasonable grounds that the\ndriver of a part 3.2 vehicle is not qualified, not fit or not\nauthorised to drive the vehicle in order to comply with the\ndirection.\n(2) The authorised person may direct the driver to do 1 or more of the\n(a) leave the driver’s seat;\n(b) leave the vehicle;\n(c) not occupy the driver’s seat until allowed to do so by an\nauthorised person;\n(d) not enter the vehicle until allowed to do so by an authorised\n\n(3) The authorised person may direct anyone else to do either or both of\nthe following:\n(a) leave the vehicle;\n(b) not enter the vehicle until allowed to do so by an authorised\n","sortOrder":49},{"sectionNumber":"48","sectionType":"section","heading":"Offence—fail to comply with direction to leave pt 3.2","content":"48 Offence—fail to comply with direction to leave pt 3.2\n(a) is subject to a direction under section 47; and\n","sortOrder":50},{"sectionNumber":"49","sectionType":"section","heading":"Direction in relation to immobilised pt 3.2 vehicle","content":"49 Direction in relation to immobilised pt 3.2 vehicle\ngrounds that a part 3.2 vehicle is broken-down or otherwise\nimmobilised on a road or road related area.\n(2) The authorised person may give a direction to the driver of the vehicle\nor a person apparently in charge of the vehicle about 1 or more of the\n(a) how repair work is to be done on the vehicle;\n(b) how the vehicle is to be towed off the road or road related area;\n(c) how any goods are to be removed from the vehicle;\n\n(d) how any goods are to be dealt with after their removal from the\n","sortOrder":51},{"sectionNumber":"50","sectionType":"section","heading":"Offence—fail to comply with direction in relation to","content":"50 Offence—fail to comply with direction in relation to\nimmobilised pt 3.2 vehicle\n(a) is subject to a direction under section 49; and\n","sortOrder":52},{"sectionNumber":"51","sectionType":"section","heading":"Direction in relation to pt 3.2 vehicle—dangerous","content":"51 Direction in relation to pt 3.2 vehicle—dangerous\nsituation\n(1) This section applies if a part 3.2 vehicle is involved in an incident\nresulting in a dangerous situation.\n(2) An authorised person may give directions to the driver or a person\napparently in charge of the vehicle about—\n(a) the transport of any goods in the vehicle from the place of the\nincident; or\n(b) how otherwise to deal with the goods.\n(3) The direction must—\n(a) be in writing and signed by the authorised person; and\n(b) state the name of the person to whom it is given; and\n(c) identify the incident; and\n(d) identify the goods to which it relates.\n\nOther powers in relation to pt 3.2 vehicles Division 3.2.3\n(4) However, if it is not practicable to give the direction in writing, the\ndirection may be given orally and confirmed in writing within\n48 hours.\n","sortOrder":53},{"sectionNumber":"52","sectionType":"section","heading":"Offence—fail to comply with direction in relation to pt 3.2","content":"52 Offence—fail to comply with direction in relation to pt 3.2\nvehicle—dangerous situation\n(a) is subject to a direction under section 51; and\nDivision 3.2.3 Other powers in relation to pt 3.2\n","sortOrder":54},{"sectionNumber":"53","sectionType":"section","heading":"Moving unattended pt 3.2 vehicle—exercise other","content":"53 Moving unattended pt 3.2 vehicle—exercise other\nfunctions\n(1) This section applies if an authorised person—\n(a) believes on reasonable grounds that a part 3.2 vehicle is\nunattended on a road or road related area; and\n(b) is seeking to exercise a function in relation to the vehicle for\ncompliance purposes; and\n(c) believes on reasonable grounds that the vehicle should be moved\nto allow or facilitate the exercise of the function.\n(2) The authorised person may move the vehicle (by driving or towing\nthe vehicle or otherwise) to the extent reasonably necessary to allow\nor facilitate the exercise of the function.\n\n(3) Also, the authorised person may authorise someone else\n(an authorised assistant) to move the vehicle (by driving or towing\nthe vehicle or otherwise) to the extent reasonably necessary to allow\nor facilitate the exercise of the function.\n(4) The authorised person or authorised assistant may enter the vehicle to\nmove the vehicle.\n(5) The authorised person or authorised assistant may use reasonable\nforce to do 1 or more of the following:\n(b) gain access to the vehicle, or its engine or other mechanical\ncomponents, to allow the vehicle to be moved;\n(c) allow the vehicle to be towed.\n(6) However, only a police officer may use force against a person.\n(7) The authorised person or authorised assistant may drive the vehicle\nonly if qualified and fit to drive the vehicle.\n","sortOrder":55},{"sectionNumber":"54","sectionType":"section","heading":"Moving unattended and broken-down pt 3.2 vehicles—","content":"54 Moving unattended and broken-down pt 3.2 vehicles—\ndangerous situation or obstruction\ngrounds that a part 3.2 vehicle—\n(a) is unattended or broken-down; and\n(b) is—\n(i) causing a dangerous situation; or\n(ii) causing, or likely to cause, an obstruction to traffic or any\nevent lawfully authorised to be held on a road or road\nrelated area; or\n\nOther powers in relation to pt 3.2 vehicles Division 3.2.3\n(iii) obstructing, or likely to obstruct, 1 or more vehicles\nentering or leaving land adjacent to a road or road related\narea.\n(2) The authorised person may move the vehicle (by driving or towing\nthe vehicle or otherwise) to the extent reasonably necessary to avoid\nthe dangerous situation or obstruction.\n(3) Also, the authorised person may authorise someone else\n(an authorised assistant) to move the vehicle (by driving or towing\nthe vehicle or otherwise) to the extent reasonably necessary to avoid\nthe dangerous situation or obstruction.\n(4) The authorised person or authorised assistant may enter the vehicle to\nmove the vehicle.\n(5) The authorised person or authorised assistant may use reasonable\nforce to the extent reasonably necessary to avoid the dangerous\nsituation or obstruction.\n(6) However, only a police officer may use force against a person.\n(7) If an authorised person or authorised assistant moves a vehicle under\nthis section, the person or assistant must tell the registered operator\nof the vehicle where the vehicle has been moved to.\n","sortOrder":56},{"sectionNumber":"55","sectionType":"section","heading":"Moving unattended and broken-down pt 3.2 vehicles—","content":"55 Moving unattended and broken-down pt 3.2 vehicles—\nharm or obstruction—driver need not be qualified or\nlicensed\n(1) This section applies if an authorised person or authorised assistant\nmay move a vehicle under section 54.\n(2) The authorised person may drive the vehicle even though the person\nis not qualified to drive the vehicle, if the person believes on\nreasonable grounds that there is no one else in or near the vehicle who\nis more capable of driving it than the authorised person and who is fit\nand willing to drive it.\n\n(3) The authorised assistant may drive the vehicle even though the\nassistant is not qualified to drive the vehicle, if the authorised person\nbelieves on reasonable grounds that there is no one else in or near the\nvehicle who is more capable of driving it than the assistant and who\nis fit and willing to drive it.\n(4) If an authorised person or authorised assistant is driving a vehicle\nunder this section, this Act and the road transport legislation do not\napply to the person or assistant to the extent that they require the\nperson or assistant to be licensed or otherwise authorised to drive the\nNote 1 The defendant has an evidential burden in relation to the matters\nNote 2 Licensing of drivers is dealt with in the Road Transport (Driver\nLicensing) Act 1999 (see especially s 31).\nNote 3 A reference to an Act includes a reference to the statutory instruments\nauthorised assistant—see section 54 (3).\n","sortOrder":57},{"sectionNumber":"56","sectionType":"section","heading":"Driving pt 3.2 vehicles—div 3.2.3—driver need not be","content":"56 Driving pt 3.2 vehicles—div 3.2.3—driver need not be\nauthorised\n(1) It is immaterial that an authorised person or authorised assistant\ndriving a vehicle under this division is not authorised to drive the\nvehicle by the operator of the vehicle.\nauthorised assistant—see section 54 (3).\n\nPart 3.3 Directions to give name, records\nand other things\n","sortOrder":58},{"sectionNumber":"57","sectionType":"section","heading":"Direction to give name and other personal details","content":"57 Direction to give name and other personal details\n(1) This section applies if an authorised person suspects on reasonable\ngrounds that a person—\n(a) has committed, is committing or is about to commit an offence\nagainst this Act; or\n(b) may be able to assist in the investigation of an offence, or\nsuspected offence, against this Act.\n(2) The authorised person may direct the person to give the authorised\nperson, immediately, any of the person’s personal details.\n(3) If the authorised person suspects on reasonable grounds that a\npersonal detail given by a person in response to a direction under\nsubsection (2) is false or misleading, the authorised person may direct\nthe person to produce evidence immediately of the correctness of the\ndetail.\n(4) If an authorised person gives a direction under this section to a person,\nthe authorised person must tell the person—\n(a) the reasonable grounds for the suspicion mentioned in\nsubsection (3); and\n(b) that it is an offence if the person fails to comply with the\ndirection.\n(5) This section does not affect any other provision of this Act or any\nother territory law that requires a person to state or give any personal\ndetails.\n\npersonal details, for a person, means—\n(a) the person’s full name and date of birth; and\n(b) the person’s home address; and\n(c) if different from the person’s home address—the address of the\nplace where the person is living; and\n(d) the person’s business address.\n","sortOrder":59},{"sectionNumber":"58","sectionType":"section","heading":"Offence—fail to comply with direction to give name and","content":"58 Offence—fail to comply with direction to give name and\nother personal details\n(a) is given a direction under section 57 (2) or (3); and\nNote It is an offence to make a false or misleading statement or give false or\nmisleading information (see Criminal Code, pt 3.4).\n(3) This section does not apply to a person if the authorised person did\nnot, before giving the direction, warn the person that failure to comply\nwith the direction is an offence.\n(4) This section does not apply to a person who fails to comply with a\ndirection to give the person’s business address if—\n(a) the person did not have a business address at the time the\ndirection was given; or\n\n(b) the person’s business address was not connected (directly or\nindirectly) with the transport of dangerous goods.\n","sortOrder":60},{"sectionNumber":"59","sectionType":"section","heading":"Direction to produce record, device or other thing","content":"59 Direction to produce record, device or other thing\n(1) An authorised person may, for compliance purposes, direct a person\nto produce—\n(a) a record required to be kept under this Act by the person; or\n(b) a record required to be kept under this Act in the person’s\npossession or under the person’s control; or\n(c) a record, device or other thing that contains or may contain a\nrecord, in the person’s possession or under the person’s control\nrelating to or indicating an offence.\nNote 3 See also s 67 (Protection from incrimination).\n(2) The direction must state—\n(a) the record, device or other thing that is to be produced; and\n(b) where and to whom the record, device or other thing is to be\nproduced.\nNote Section 64 deals with the time for compliance.\n\n(3) The authorised person may do 1 or more of the following:\n(a) inspect records, devices or other things that are produced;\n(b) make copies of, or take extracts from, records, devices or other\nthings that are produced;\n(c) seize and remove records, devices or other things that are\nproduced that the authorised person believes on reasonable\ngrounds may on further inspection provide evidence of an\noffence against this Act.\nNote 3 Information obtained under this part may, for law enforcement, be given\nto a public authority of another jurisdiction (see s 181).\n","sortOrder":61},{"sectionNumber":"60","sectionType":"section","heading":"Offence—fail to comply with direction to produce record,","content":"60 Offence—fail to comply with direction to produce record,\ndevice or other thing\n(a) is subject to a direction under section 59; and\n(3) This section does not apply to a person if the person has a reasonable\nexcuse for failing to comply with the direction.\n\n","sortOrder":62},{"sectionNumber":"61","sectionType":"section","heading":"Direction to give information","content":"61 Direction to give information\n(1) An authorised person may, for compliance purposes, direct a person\ninvolved in the transport of dangerous goods to give information to\nthe authorised person about a vehicle or any load or equipment\ncarried, or intended to be carried, by a vehicle.\n(2) Without limiting subsection (1), a direction may require someone\nwho is associated with a particular vehicle to give information about\nthe current or intended journey of the vehicle, including—\n(a) the location of the start or intended start of the journey; and\n(b) the route or intended route of the journey; and\n(c) the location of the destination or intended destination of the\njourney.\nNote 3 It is an offence to make a false or misleading statement or give false or\nmisleading information (see Criminal Code, pt 3.4).\n","sortOrder":63},{"sectionNumber":"62","sectionType":"section","heading":"Offence—fail to comply with direction to give information","content":"62 Offence—fail to comply with direction to give information\n(a) is subject to a direction under section 61; and\n\n(3) This section does not apply to a person if the person did not know,\nand could not be reasonably expected to know or find out, the\ninformation required under the direction.\n\nProvisions about directions Part 3.4\n","sortOrder":64},{"sectionNumber":"63","sectionType":"section","heading":"How direction may be given","content":"63 How direction may be given\n(1) A direction under division 3.2.2 (Directions in relation to pt 3.2\nvehicles) or part 3.3 (Directions to give name, records and other\nthings) may be given—\n(b) in writing; or\n(c) by post, telephone, fax, email or radio; or\n(d) in any other way.\n(2) A direction under division 3.2.2 or part 3.3 may be given to a driver—\n(b) by means of a sign or signal (electronic or otherwise); or\n(c) in any other way.\n(3) However, a direction under section 43 (Direction to produce\ndocument etc) or section 57 (Direction to give name and other\npersonal details) may only be given—\n(b) in writing.\n(4) This section does not apply in relation to a direction under section 51\n(Direction in relation to pt 3.2 vehicle—dangerous situation).\n","sortOrder":65},{"sectionNumber":"64","sectionType":"section","heading":"Direction to state time for compliance","content":"64 Direction to state time for compliance\n(1) If given orally, a direction under division 3.2.2 (Directions in relation\nto pt 3.2 vehicles) or part 3.3 (Directions to give name, records and\nother things) must state whether the direction is to be complied with\nimmediately or within a stated period.\n\n(2) If given in writing, a direction under division 3.2.2 or part 3.3 must\nstate the period within which the direction is to be complied with.\n","sortOrder":66},{"sectionNumber":"65","sectionType":"section","heading":"Amendment or cancellation of direction","content":"65 Amendment or cancellation of direction\n(1) An authorised person (including a police officer) may amend or\ncancel a direction given by an authorised person other than a police\nofficer under division 3.2.2 (Directions in relation to pt 3.2 vehicles)\nor part 3.3 (Directions to give name, records and other things).\n(2) A police officer may amend or cancel a direction given by a police\nofficer under division 3.2.2 or part 3.3.\n","sortOrder":67},{"sectionNumber":"66","sectionType":"section","heading":"Direction may be given under more than 1 provision","content":"66 Direction may be given under more than 1 provision\n(1) An authorised person may, on the same occasion, give directions\nunder 1 or more provisions of division 3.2.2 (Directions in relation to\npt 3.2 vehicles) or part 3.3 (Directions to give name, records and other\nthings).\n(2) Without limiting subsection (1), an authorised person may, in the\ncourse of exercising a function under a provision of division 3.2.2 or\npart 3.3, give—\n(a) further directions under the provision; or\n(b) directions under 1 or more other provisions of division 3.2.2 or\npart 3.3.\n","sortOrder":68},{"sectionNumber":"67","sectionType":"section","heading":"Protection from incrimination","content":"67 Protection from incrimination\n(1) A person is not excused from a requirement to comply with a\ndirection under division 3.2.2 (Directions in relation to pt 3.2\nvehicles) or part 3.3 (Directions to give name, records and other\nthings) on the ground that complying with the requirement might\nincriminate the person or make the person liable to a penalty.\n\nProvisions about directions Part 3.4\n(2) However, the following is not admissible in evidence against the\nperson in a criminal proceeding (except a proceeding for an offence\nagainst division 3.2.2 or part 3.3):\n(a) a statement made or any information or answer given or\nprovided by an individual in compliance with a direction under\ndivision 3.2.2 or part 3.3;\n(b) information directly or indirectly derived from a statement,\ninformation or answer mentioned in paragraph (a).\n(3) Any document produced by a person in compliance with a direction\nunder division 3.2.2 or part 3.3, is not inadmissible in evidence\nagainst the person in a criminal proceeding on the ground that the\ndocument might incriminate the person.\nNote The Legislation Act, s 170 deals with the application of the privilege\nagainst self-incrimination.\n\nNote This part authorises—\n(a) pt 3.2 vehicles to be entered, inspected and searched; and\n(b) premises occupied or controlled by a person involved in the\ntransport of dangerous goods to be entered, inspected and searched;\nand\n(c) vehicles at the premises to be entered, inspected and searched; and\n(d) other premises and vehicles (including pt 3.2 vehicles) to be\nentered, inspected and searched.\n","sortOrder":69},{"sectionNumber":"68","sectionType":"section","heading":"Definitions—pt 3.5","content":"68 Definitions—pt 3.5\nat premises includes in or on the premises.\nconnected—a thing is connected with an offence if—\n(a) the offence has been committed in relation to it; or\n(b) it will provide evidence of the commission of the offence; or\n(c) it was used, is being used, or is intended to be used, to commit\nthe offence.\noccupier, of premises or a vehicle, includes—\n(a) a person believed on reasonable grounds to be an occupier of the\npremises or vehicle; and\n(b) a person apparently in charge of the premises or vehicle.\noffence includes an offence that there are reasonable grounds for\nsuspecting has been, is being, or will be, committed.\nwarrant means a warrant issued under division 3.5.5 (Search\nwarrants).\n\nPowers of authorised people in relation to pt 3.2 vehicles Division 3.5.2\nDivision 3.5.2 Powers of authorised people in\nrelation to pt 3.2 vehicles\n","sortOrder":70},{"sectionNumber":"69","sectionType":"section","heading":"Application—div 3.5.2","content":"69 Application—div 3.5.2\nThis division applies in relation to a part 3.2 vehicle and driver to\nwhich part 3.2 applies.\nNote See s 38.\n","sortOrder":71},{"sectionNumber":"70","sectionType":"section","heading":"Power of authorised people to enter and inspect pt 3.2","content":"70 Power of authorised people to enter and inspect pt 3.2\n(1) An authorised person may, for compliance purposes, enter and\ninspect a part 3.2 vehicle.\n(2) Without limiting subsection (1), the authorised person may do 1 or\n(a) weigh, test, measure or take photographs of the vehicle, any part\nof the vehicle or the vehicle’s equipment or load;\n(b) take, in accordance with section 104 (Sample-taking procedure),\na sample of any part of the vehicle’s load;\n(c) check the existence or details of, or take photographs of,\nplacards or other information required under this Act to be\ndisplayed in the vehicle or any load in it;\n(d) inspect and take copies of or extracts from any records that are\nlocated in the vehicle and that are required to be carried in the\nvehicle under this Act;\n(e) access or download information that is required to be kept under\nthis Act and that is—\n(i) stored electronically in equipment located in the vehicle;\nor\n\nDivision 3.5.2 Powers of authorised people in relation to pt 3.2 vehicles\n(ii) accessible electronically from equipment located in the\n(3) This section does not authorise the use of force, but the authorised\nperson may, under this section, do 1 or more of the following:\n(b) inspect anything that has been opened or otherwise accessed;\n(c) move, but not take away, anything that is locked up or sealed.\n(4) The authorised person may exercise a function under this section—\n(a) at any time; and\n(b) with or without the consent of the driver or other person\napparently in charge of the vehicle, or anyone else.\n","sortOrder":72},{"sectionNumber":"71","sectionType":"section","heading":"Power of authorised people to enter and search pt 3.2","content":"71 Power of authorised people to enter and search pt 3.2\n(1) An authorised person may, for compliance purposes, enter and search\na part 3.2 vehicle if the person believes on reasonable grounds that—\n(a) the vehicle has been used, is being used, or is likely to be used,\nto commit an offence against this Act; or\n(b) the vehicle has been or may have been involved in a dangerous\nsituation.\nNote 3 Dangerous situation—see the dictionary.\n\nPowers of authorised people in relation to pt 3.2 vehicles Division 3.5.2\n(2) The authorised person may form the necessary belief during or after\nan inspection of the vehicle or independently of an inspection.\n(3) Without limiting subsection (1), the authorised person may do 1 or\n(a) search for evidence of an offence against this Act;\n(b) search for and inspect a record, device or other thing that relates\nto the vehicle, any part of the vehicle or the vehicle’s equipment\nor load and that are located in the vehicle;\n(c) take copies of or extracts from 1 or more of the following:\n(i) any records that are located in the vehicle and that are\nrequired to be carried in the vehicle under this Act;\n(ii) any transport documentation located in the vehicle;\n(iii) any other record, or any readout of other data obtained\nfrom a device or thing, located in the vehicle that the\nauthorised person believes on reasonable grounds\nprovides, or may on further inspection provide, evidence\nof an offence against this Act;\n(d) take, in accordance with section 104 (Sample-taking procedure),\na sample of any part of the vehicle’s load.\n(4) The authorised person may exercise a function under this section—\n(a) at any time; and\n(b) with or without the consent of the driver or other person\napparently in charge of the vehicle, or anyone else.\n(5) The power to search a vehicle under this section does not include a\npower to search a person.\n(6) The authorised person may seize and remove a record, device or other\nthing from the vehicle that the person believes on reasonable grounds\nprovides, or may on further inspection provide, evidence of an\noffence against this Act.\n\n(7) The authorised person may use reasonable force in the exercise of a\nfunction under this section.\n(8) However, only a police officer may use force against a person.\n","sortOrder":73},{"sectionNumber":"72","sectionType":"section","heading":"Power to enter premises and vehicles","content":"72 Power to enter premises and vehicles\n(1) For compliance purposes or otherwise for this Act, an authorised\nperson may—\n(a) at any reasonable time, enter premises or a vehicle that the\npublic is entitled to use or that are open to the public (whether\nor not on payment); or\n(b) at any reasonable time, enter premises occupied or controlled by\na person involved in the transport of dangerous goods, and enter\nany vehicle at the premises; or\n(c) at any time, enter premises or a vehicle with the occupier’s\nconsent; or\n(d) enter premises or a vehicle in accordance with a warrant; or\n(e) at any time, enter premises or a vehicle if the authorised person\nsuspects on reasonable grounds that the circumstances are so\nserious and urgent that immediate entry to the premises or\nvehicle without the authority of a warrant is necessary.\n\n(2) However, subsection (1) (a) or (b) does not authorise, without\nconsent, entry into premises—\n(a) that are apparently unattended, unless the authorised person\nbelieves on reasonable grounds that someone is in attendance;\nor\n(b) used, or a part of the premises used, predominantly for\nresidential purposes.\n(3) To remove any doubt, premises are not being used for residential\npurposes only because temporary or casual sleeping or other\naccommodation is provided in the premises for drivers of vehicles.\n(4) Before an authorised person enters premises under subsection (1) (b),\nthe authorised person must give the occupier of the premises\nreasonable notice of the intention to enter, unless giving notice would\nbe reasonably likely to defeat the purpose for which it is intended to\nenter the premises.\n(5) An authorised person may, without the consent of the occupier of\npremises or a vehicle, enter the following land to ask for consent to\nenter the premises or vehicle:\n(a) land that is around, or part of, the premises;\n(b) land that is around the vehicle.\n(6) To remove any doubt, an authorised person may enter premises or a\nvehicle under subsection (1) without payment of an entry fee or other\ncharge.\n(7) An authorised person may—\n(a) for subsection (1) (a), (b), (c) or (e)—enter premises or a vehicle\nwith necessary assistance; and\n\n(b) for subsection (1) (d)—enter premises or a vehicle with\nnecessary assistance and force.\nNote A search warrant to enter premises or a vehicle, issued under this Act,\npermits an authorised person to enter premises or the vehicle with any\nnecessary assistance and force (see s 89).\n(8) However, only a police officer may use force against a person.\n(9) In this section:\nnecessary assistance, for an authorised person entering premises or a\nvehicle, includes the attendance of 1 or more people who, in the\nopinion of the authorised person, have knowledge or skills that could\nassist the authorised person to carry out the authorised person’s\nfunction.\nreasonable time, for entry into premises, includes a time when the\npublic is entitled to use the premises or when the premises are open\nto or used by the public (whether or not on payment of money).\n","sortOrder":74},{"sectionNumber":"73","sectionType":"section","heading":"Production of identity card","content":"73 Production of identity card\nAn authorised person must not remain at premises or in a vehicle\nentered under this division if the person does not produce the person’s\nidentity card when asked by the occupier.\n","sortOrder":75},{"sectionNumber":"74","sectionType":"section","heading":"Consent to entry","content":"74 Consent to entry\n(1) When seeking the consent of an occupier of premises or a vehicle to\nenter the premises or vehicle under section 72 (1) (c), an authorised\nperson must—\n(a) either—\n(i) if the person is an authorised person (other than a police\nofficer)—produce the person’s identity card; or\n(ii) if the person is a police officer—produce evidence that the\nperson is a police officer; and\n\n(b) tell the occupier—\n(i) the purpose of the entry; and\n(ii) that anything seized under this division may be used in\nevidence in court; and\n(iii) that consent may be refused.\n(2) If the occupier consents, the authorised person must ask the occupier\nto sign a written acknowledgment (an acknowledgment of\nconsent)—\n(a) that the occupier was told—\n(i) the purpose of the entry; and\n(ii) that anything found and seized under this division may be\nused in evidence in court; and\n(iii) that consent may be refused; and\n(b) that the occupier consented to the entry; and\n(c) stating the time and date consent was given.\n(3) If the occupier signs an acknowledgment of consent, the authorised\nperson must immediately give a copy to the occupier.\n(4) A court must find that an occupier did not consent to entry to the\npremises or a vehicle by the authorised person under this division if—\n(a) the question arises in a proceeding in the court whether the\noccupier consented to the entry; and\n(b) an acknowledgment of consent is not produced in evidence; and\n(c) it is not proved that the occupier consented to the entry.\n\n","sortOrder":76},{"sectionNumber":"75","sectionType":"section","heading":"General powers on entry to premises and vehicles","content":"75 General powers on entry to premises and vehicles\n(1) An authorised person who enters premises or a vehicle under this\ndivision (whether with the occupier’s consent, under a warrant or\notherwise) may, for compliance purposes or otherwise for this Act,\ndo 1 or more of the following in relation to the premises or vehicle or\nanything at the premises or in the vehicle:\n(a) inspect or examine;\n(b) inspect and take copies of, or extracts from, any records required\nto be kept under this Act;\n(c) take measurements or conduct tests;\n(d) check the existence of and inspect any devices (including\nweighing, measuring, recording or monitoring devices) required\nto be installed, used or maintained under this Act and to inspect\nand take copies of, or extracts from, any readout or other data\nobtained from any of the devices;\n(e) take samples;\n(f) take photographs, films, or audio, video or other recordings;\n(g) use photocopying equipment at the premises to copy any records\nor other material;\n(h) require the occupier, or anyone at the premises, or anyone in or\nnear the vehicle, to give the authorised person reasonable\nassistance to exercise a power under this division.\nNote 2 The Legislation Act, s 170 and s 171 deal with the application of the\nprivilege against self-incrimination and client legal privilege.\nNote 3 For the power to enter, inspect and search pt 3.2 vehicles, see div 3.5.2\n(Powers of authorised people in relation to pt 3.2 vehicles).\nNote 4 A reference to an Act includes a reference to the statutory instruments\n\n(2) This section does not authorise the use of force, but the authorised\nperson may, under this section, do 1 or more of the following:\n(b) inspect anything that has been opened or otherwise accessed\nunder the power to use reasonable force under section 53 or\nsection 54;\n(c) move, but not take away, anything that is locked up or sealed.\n(3) Also, an authorised person who enters premises or a vehicle under a\nwarrant may search the premises or vehicle and anything at the\npremises or in the vehicle.\n(4) A person must take reasonable steps to comply with a requirement\nmade of the person under subsection (1) (h).\n(5) An authorised person who enters premises under this section must not\nunnecessarily impede any activities being conducted at the premises.\n","sortOrder":77},{"sectionNumber":"76","sectionType":"section","heading":"Direction to give assistance","content":"76 Direction to give assistance\n(1) An authorised person may direct a person who is involved in the\ntransport of dangerous goods to give reasonable assistance to the\nauthorised person to allow the authorised person effectively to\nexercise a function in relation to goods with which the person is\ninvolved.\n(2) Without limiting subsection (1), the assistance may include helping\nthe authorised person to do 1 or more of the following:\n(a) find and gain access to a record or information relating to a\nvehicle, including but not limited to—\n(i) a record or information required to be kept in a vehicle; or\n\n(ii) a record or information in a useable form to find out its\ncompliance with requirements under this Act;\n(b) find and gain access to electronically stored information;\n(c) weigh or measure—\n(i) all or part of a vehicle; or\n(ii) all or part of a vehicle’s equipment or load;\n(d) operate equipment or facilities for a purpose relevant to the\nfunction being or proposed to be exercised;\n(e) give access to photocopying equipment to copy any records or\nother material;\n(f) take a sample of any substance or packaging.\n(3) This section authorises the giving of a direction to run the engine of\na vehicle, but not otherwise to drive the vehicle.\n(4) A direction—\n(a) may only be given in relation to a function under this Act\n(the principal function) while the principal function can\nlawfully be exercised; and\n(b) ceases to be operative if the principal function ceases to be\nexercisable.\n(5) A direction—\n(a) may be given orally, in writing or in any other way; and\n(b) if not given in person—may be sent or transmitted by post,\ntelephone, fax, email, radio or in any other way.\n\n","sortOrder":78},{"sectionNumber":"77","sectionType":"section","heading":"Offence—fail to comply with direction to give assistance","content":"77 Offence—fail to comply with direction to give assistance\n(a) is given a direction under section 76; and\n(3) This section does not apply to a person if—\n(a) the direction is unreasonable; or\n(b) without limiting paragraph (a), the direction or its subject matter\nis outside the scope of the business or other activities of the\n(4) It is a defence to a prosecution for an offence against subsection (1)\nif the defendant proves that—\n(a) the defendant took reasonable steps to comply with the\ndirection; and\n(b) it was not possible for the defendant to comply with the direction\nbecause of an act or event over which the defendant had no\ncontrol.\ns (4) (see Criminal Code, s 59).\n\n","sortOrder":79},{"sectionNumber":"78","sectionType":"section","heading":"Use of assistants and equipment","content":"78 Use of assistants and equipment\n(1) An authorised person may exercise powers under this part with the\naid of the assistants and equipment that the person considers\nreasonably necessary in the circumstances.\n(2) Powers that may be exercised by an authorised person under this part\nmay be exercised by an assistant authorised and supervised by the\nauthorised person, but only if the authorised person considers that it\nis reasonably necessary in the circumstances that the powers be\nexercised by an assistant.\n","sortOrder":80},{"sectionNumber":"79","sectionType":"section","heading":"Use of equipment to examine and process things","content":"79 Use of equipment to examine and process things\n(1) Without limiting section 78, an authorised person exercising a power\nunder this part may bring to, or on to, premises or a vehicle any\nequipment reasonably necessary to examine or process things found\nat the premises or in the vehicle to decide whether they are things that\nmay be seized.\n(2) A thing may be moved to another place for carrying out the\nexamination or processing of the thing to decide if it is a thing that\nmay be seized if—\n(a) the authorised person believes on reasonable grounds that it is\nnot practicable to examine or process the thing at the premises\nor in the vehicle; or\n(b) the occupier of the premises or vehicle consents in writing.\n(3) The authorised person, or a person assisting the authorised person,\nmay operate equipment already at the premises or in the vehicle to\ncarry out the examination or processing of a thing found at the\npremises or in the vehicle, to decide whether it is a thing that may be\nseized, if the authorised person or person assisting believes on\nreasonable grounds that—\n(a) the equipment is suitable for the examination or processing; and\n\n(b) the examination or processing can be carried out without\ndamage to the equipment or thing.\n","sortOrder":81},{"sectionNumber":"80","sectionType":"section","heading":"Use and seizure of electronic equipment","content":"80 Use and seizure of electronic equipment\n(a) an authorised person enters premises or a vehicle under\nsection 72 (Power to enter premises and vehicles); and\n(b) a thing found in, on or at the premises or vehicle is, or includes,\na disk, tape or other device for the storage of information; and\n(c) equipment in, on or at the premises or vehicle may be used with\nthe disk, tape or other storage device; and\n(d) the authorised person believes on reasonable grounds that the\ninformation stored on the disk, tape or other storage device is\nrelevant to deciding whether an offence has been committed.\n(2) The authorised person, or a person assisting the authorised person,\nmay operate the equipment to access the information.\n(3) If the authorised person, or a person assisting the authorised person,\nfinds that a disk, tape or other storage device in, on or at the premises\nor vehicle contains information of a kind mentioned in subsection (1)\n(d), the authorised person, or a person assisting the authorised person,\nmay—\n(a) put the information in documentary form and seize the\ndocument produced; or\n(b) copy the information to another disk, tape or other storage\ndevice and remove the storage device from the premises or\nvehicle; or\n\n(c) if it is not practicable to put the information in documentary\nform or to copy the information—seize the disk, tape or other\nstorage device and the equipment that allows the information to\nbe accessed.\nNote A record, device or other thing seized under this part, or information\nobtained under this part may, for law enforcement, be given to a public\nauthority, including a public authority of another jurisdiction (see s 181).\n(4) An authorised person, or a person assisting an authorised person,\nmust not operate or seize equipment under this section unless the\nauthorised person, or person assisting, believes on reasonable\ngrounds that the operation or seizure of the equipment can be carried\nout without damage to the equipment.\n","sortOrder":82},{"sectionNumber":"81","sectionType":"section","heading":"Power to seize things","content":"81 Power to seize things\n(1) An authorised person who enters premises or a vehicle under this\ndivision with the occupier’s consent may seize anything at the\npremises, or in the vehicle, if—\n(a) the authorised person believes on reasonable grounds that the\nthing is connected with an offence against this Act; and\n(b) seizure of the thing is consistent with the purpose of the entry\ntold to the occupier when seeking the occupier’s consent.\n(2) An authorised person who enters premises or a vehicle under a\nwarrant may seize anything at the premises, or in the vehicle, that the\nauthorised person is authorised to seize under the warrant.\n(3) An authorised person who enters premises or a vehicle under this\ndivision (whether with the occupier’s consent, under a warrant or\notherwise) may seize anything at the premises, or in the vehicle, if the\nauthorised person believes on reasonable grounds that—\n(a) the thing is connected with an offence against this Act; and\n\n(b) the seizure is necessary to prevent the thing from being—\n(i) concealed, lost or destroyed; or\n(ii) used to commit, continue or repeat the offence.\n(4) Also, an authorised person who enters premises or a vehicle under\nthis division (whether with the occupier’s consent, under a warrant or\notherwise) may seize anything at the premises, or in the vehicle, if the\nauthorised person believes on reasonable grounds that the thing—\n(a) puts the health or safety of people at risk; or\n(b) may cause damage to property or the environment.\n(5) The powers of an authorised person under subsections (3) and (4) are\nadditional to the powers of the person under subsections (1) and (2)\nand any other territory law.\nNote A record, device or other thing seized under this part, or information\nobtained under this part may, for law enforcement, be given to a public\nauthority, including a public authority of another jurisdiction (see s 181).\n","sortOrder":83},{"sectionNumber":"82","sectionType":"section","heading":"Removal of seized thing","content":"82 Removal of seized thing\nAn authorised person who seizes a thing under this division may\nremove the thing from the premises where, or vehicle from which,\nit was seized to another place.\n","sortOrder":84},{"sectionNumber":"83","sectionType":"section","heading":"Receipt for seized thing","content":"83 Receipt for seized thing\n(1) As soon as practicable after an authorised person seizes a thing\n(other than a sample) under this part, the person must give a receipt\nfor it to the person from whom it was seized.\n(2) If, for any reason, it is not practicable to comply with subsection (1),\nthe authorised person must leave the receipt, secured conspicuously,\nat the premises where the thing was seized or on the vehicle from\nwhich the thing was seized.\n\n(3) The receipt must include the following:\n(a) a description of the thing seized;\n(b) why the thing was seized;\n(c) the authorised person’s name, and information about how to\ncontact the person;\n(d) if the thing is removed from the premises or vehicle—\nthe address where the thing is to be taken.\n","sortOrder":85},{"sectionNumber":"84","sectionType":"section","heading":"Power to destroy unsafe thing","content":"84 Power to destroy unsafe thing\n(1) This section applies to anything inspected or seized under this part by\nan authorised person if the person is satisfied on reasonable grounds\nthat the thing—\n(a) puts the health or safety of people at risk; or\n(b) is likely to cause damage to property or the environment.\n(2) The authorised person may—\n(a) destroy or otherwise dispose of the thing; or\n(b) if the thing is at premises—give a written direction to an\noccupier of the premises to destroy or otherwise dispose of the\nthing; or\n(c) if the thing is in a vehicle—give a written direction to an\noccupier of the vehicle to destroy or otherwise dispose of the\nthing.\n(3) The direction may state 1 or more of the following:\n(a) how the thing must be destroyed or otherwise disposed of;\n(b) how the thing must be kept until it is destroyed or otherwise\ndisposed of;\n(c) the period within which the thing must be destroyed or otherwise\ndisposed of.\n\nEmbargo notices Division 3.5.4\n(4) A person must comply with a direction given to the person under\nsubsection (2) (b) or (c).\n(5) An offence against this section is a strict liability offence.\n(6) Costs incurred by the Territory in relation to the disposal of a thing\nunder subsection (2) (a) are a debt owing to the Territory by, and are\nrecoverable together and separately from, the following people:\n(a) the person who owned the thing;\n(b) if the thing was at premises when inspected or seized—\neach occupier of the premises;\n(c) if the thing was in a vehicle when inspected or seized—\neach registered operator of the vehicle.\nNote An amount owing under a law may be recovered as a debt in a court of\ncompetent jurisdiction or the ACAT (see Legislation Act, s 177).\n","sortOrder":86},{"sectionNumber":"85","sectionType":"section","heading":"Embargo notices","content":"85 Embargo notices\n(a) an authorised person is authorised to seize something under this\npart; and\n(b) the thing cannot, or cannot readily, be physically seized and\nremoved.\n(2) The authorised person may issue a notice (an embargo notice)\nforbidding the movement, sale, leasing, transfer, deletion of\ninformation from or other dealing with the thing, or part of the thing,\nwithout the written consent of the authorised person or responsible\nperson for the authorised person.\n\n(3) The embargo notice must—\n(a) contain the particulars (if any) prescribed by regulation; and\n(b) list the activities that it forbids; and\n(c) set out a copy of section 87 (Offence—fail to prevent someone\nelse doing something forbidden by embargo notice).\n(4) The authorised person issues the notice—\n(a) by giving a copy of the notice to the person with responsibility\nfor the premises or vehicle where the embargoed thing is; or\n(b) if the person with responsibility cannot be located after\nreasonable steps have been taken to locate the person—\nby attaching a copy of the notice to the embargoed thing in a\nprominent position.\n(5) Despite anything in any other Act, a sale, lease or transfer or other\ndealing with an embargoed thing, or part of an embargoed thing, in\ncontravention of an embargo notice is void.\n","sortOrder":87},{"sectionNumber":"86","sectionType":"section","heading":"Offence—fail to comply with embargo notice","content":"86 Offence—fail to comply with embargo notice\n(a) the person knows that an embargo notice is in force for a thing;\nand\n(i) does something that is forbidden by the embargo notice; or\n(ii) instructs someone else to do something that is forbidden by\nthe embargo notice.\n(2) Strict liability applies to subsection (1) (b).\n\nEmbargo notices Division 3.5.4\n(3) This section does not apply to a person if—\n(a) the offence is made up of moving the thing or part of the thing;\nand\n(i) moves the thing, or part of the thing, to protect or preserve\nthe thing; or\n(ii) instructs someone else to move the thing, or part of the\nthing to protect or preserve the thing; and\n(c) the person told the authorised person who issued the embargo\nnotice about the move, and of the new location of the thing or\npart of the thing, within 48 hours after the move.\n","sortOrder":88},{"sectionNumber":"87","sectionType":"section","heading":"Offence—fail to prevent someone else doing something","content":"87 Offence—fail to prevent someone else doing something\nforbidden by embargo notice\n(a) an embargo notice has been given to the person; and\n(b) the person fails to take reasonable steps to prevent someone else\nfrom doing something forbidden by the notice.\n","sortOrder":89},{"sectionNumber":"88","sectionType":"section","heading":"Revocation of embargo notice","content":"88 Revocation of embargo notice\nAn embargo notice in force for a thing must be revoked if, had the\nthing been seized under this part, it would have to be returned to its\nowner, or reasonable compensation paid by the Territory to the owner\nfor its loss, under section 98 (Return of seized thing).\n\n","sortOrder":90},{"sectionNumber":"89","sectionType":"section","heading":"Warrants generally","content":"89 Warrants generally\n(1) An authorised person may apply to a magistrate for a warrant to enter\nand search premises or a vehicle.\n(2) The application must be sworn and state the grounds on which the\nwarrant is sought.\nNote Swear an oath includes make an affirmation (see Legislation Act, dict,\npt 1, def swear).\n(3) The magistrate may refuse to consider the application until the\nauthorised person gives the magistrate all the information the\nmagistrate requires about the application in the way the magistrate\nrequires.\n(4) The magistrate may issue a warrant only if satisfied there are\nreasonable grounds for suspecting—\n(a) there is a particular thing or activity connected with an offence\n(b) the thing or activity—\n(i) is, or is being engaged in, at the premises or in the vehicle;\nor\n(ii) may be, or may be engaged in, at the premises or in the\nvehicle within the next 3 days.\n(5) Also, the magistrate may issue a warrant only if satisfied there are\nreasonable grounds for suspecting—\n(a) a vehicle has been, or may have been, involved in an offence\nagainst this Act or a dangerous situation; and\n\n(b) either—\n(i) the vehicle is, or has been, located at the premises; or\n(ii) the premises are, or may be, connected (directly or\nindirectly) with the vehicle or part of the vehicle’s\nequipment or load.\n(6) The warrant must state—\n(a) that an authorised person may, with necessary assistance and\nforce, enter the premises or vehicle and exercise the person’s\npowers under this part; and\nNote 1 An authorised person may enter the premises or vehicle with\nnecessary assistance and force (see s 72 (7) (b)). However, only a\npolice officer may use force against a person (see s 72 (8)).\nNote 2 An authorised person’s powers include the power to search the\npremises or vehicle (see s 75 (3)).\n(b) the reason for which the warrant is issued; and\n(c) the things that may be seized under the warrant; and\n(d) the hours when the premises or vehicle may be entered; and\n(e) the date (within 3 days after the day the warrant is issued)\nthat the warrant ends.\n(7) In this section:\nconnected—an activity is connected with an offence if—\n(a) the offence has been committed by engaging or not engaging in\nit; or\n(b) it will provide evidence of the commission of the offence.\n\n","sortOrder":91},{"sectionNumber":"90","sectionType":"section","heading":"Warrants—application made other than in person","content":"90 Warrants—application made other than in person\n(1) An authorised person may apply for a warrant by phone, fax, email,\nradio or other form of communication if the person considers it\nnecessary because of—\n(a) urgent circumstances; or\n(b) other special circumstances.\n(2) Before applying for the warrant, the authorised person must prepare\nan application stating the grounds on which the warrant is sought.\n(3) The authorised person may apply for the warrant before the\napplication is sworn.\n","sortOrder":92},{"sectionNumber":"91","sectionType":"section","heading":"Warrants—issue on application made other than in","content":"91 Warrants—issue on application made other than in\n(1) After issuing the warrant, the magistrate must immediately provide a\nwritten copy to the authorised person if it is practicable to do so.\n(2) If it is not practicable to provide a written copy to the authorised\nperson—\n(a) the magistrate must tell the person—\n(i) the date and time the warrant was issued; and\n(ii) the warrant’s terms; and\n(b) the authorised person must complete a form of warrant\n(the warrant form) and write on it—\n(i) the magistrate’s name; and\n(ii) the date and time the magistrate issued the warrant; and\n(iii) the warrant’s terms.\n\n(3) The written copy of the warrant, or the warrant form properly\ncompleted by the authorised person, authorises the entry and exercise\nof the person’s powers under the warrant.\nNote Authorised people have additional powers under this part (see eg, s 75\nand s 81 (3)).\n(4) The authorised person must, at the first reasonable opportunity, send\nto the magistrate—\n(a) the sworn application; and\n(b) if the person completed a warrant form—the completed warrant\nform.\n(5) On receiving the documents, the magistrate must attach them to the\nwarrant.\n(6) A court must find that a power exercised by an authorised person was\nnot authorised by a warrant under this section if—\n(a) the question arises in a proceeding in the court whether the\nexercise of power was authorised by a warrant; and\n(b) the warrant is not produced in evidence; and\n(c) it is not proved that the exercise of power was authorised by a\nwarrant under this section.\n","sortOrder":93},{"sectionNumber":"92","sectionType":"section","heading":"Warrants—announcement before entry","content":"92 Warrants—announcement before entry\n(1) An authorised person must, before anyone enters premises or a\nvehicle under a warrant—\n(a) announce that the person is authorised to enter the premises or\n(b) give anyone at the premises or in the vehicle an opportunity to\nallow entry to the premises or vehicle; and\n\n(c) if the occupier of the premises or vehicle, or someone else who\napparently represents the occupier, is present at the premises or\nin the vehicle—identify himself or herself to the person.\n(2) The authorised person is not required to comply with subsection (1)\nif the person believes on reasonable grounds that immediate entry to\nthe premises or vehicle is required to ensure—\n(a) the safety of anyone in relation to the subject-matter of the\nwarrant; or\n(b) the safety of the authorised person or anyone assisting the\nperson; or\n(c) that the effective execution of the warrant is not frustrated.\n","sortOrder":94},{"sectionNumber":"93","sectionType":"section","heading":"Details of warrant to be given to occupier etc","content":"93 Details of warrant to be given to occupier etc\n(1) If the occupier of premises or a vehicle, or someone else who\napparently represents the occupier, is present at the premises or in the\nvehicle while a warrant is being executed, the authorised person or\nanyone assisting must make available to the person—\n(a) a copy of the warrant or warrant form; and\n(b) a document setting out the rights and obligations of the person.\nwarrant form—see section 91 (2) (b) (Warrants—issue on\napplication made other than in person).\n","sortOrder":95},{"sectionNumber":"94","sectionType":"section","heading":"Occupier entitled to observe search etc","content":"94 Occupier entitled to observe search etc\n(1) If the occupier of premises or a vehicle, or someone else who\napparently represents the occupier, is present at the premises or in the\nvehicle while a warrant is being executed, the person is entitled to\nobserve the search being conducted.\n\n(2) However, the person is not entitled to observe the search if—\n(a) to do so would impede the search; or\n(b) the person is under arrest, and allowing the person to observe\nthe search being conducted would interfere with the purpose of\nthe search.\n(3) This section does not prevent 2 or more areas of the premises or\nvehicle being searched at the same time.\n","sortOrder":96},{"sectionNumber":"95","sectionType":"section","heading":"Moving things to another place for examination or","content":"95 Moving things to another place for examination or\nprocessing under warrant\n(1) A thing found at premises, or in a vehicle, entered under a warrant\nmay be moved to another place for examination or processing to\ndecide whether it may be seized under the warrant if—\n(a) both of the following apply:\n(i) there are reasonable grounds for believing that the thing is\nor contains something to which the warrant relates;\n(ii) it is significantly more practicable to do so having regard\nto the timeliness and cost of examining or processing the\nthing at another place and the availability of expert\nassistance; or\n(b) the occupier of the premises or vehicle agrees in writing.\n(2) The thing may be moved to another place for examination or\nprocessing for not longer than 72 hours.\n(3) An authorised person may apply to a magistrate for an extension of\ntime if the person believes on reasonable grounds that the thing\ncannot be examined or processed within 72 hours.\n(4) The authorised person must give notice of the application to the\noccupier of the premises or vehicle, and the occupier is entitled to be\nheard on the application.\n\n(5) If a thing is moved to another place under this section, the authorised\nperson must, if practicable—\n(a) tell the occupier of the premises or vehicle the address of the\nplace where, and time when, the examination or processing will\nbe carried out; and\n(b) allow the occupier or the occupier’s representative to be present\nduring the examination or processing.\n(6) The provisions of this division relating to the issue of warrants apply,\nwith any necessary changes, to the giving of an extension under this\nsection.\n","sortOrder":97},{"sectionNumber":"96","sectionType":"section","heading":"Meaning of responsible person—div 3.5.6","content":"96 Meaning of responsible person—div 3.5.6\nresponsible person, in relation to a thing seized by an authorised\nperson, means—\n(a) for an authorised person other than a police officer—\nthe appointing competent authority; or\n(b) for a police officer—a senior police officer.\n","sortOrder":98},{"sectionNumber":"97","sectionType":"section","heading":"Access to seized thing","content":"97 Access to seized thing\n(1) A person who would, apart from the seizure, be entitled to inspect a\nthing seized under this part may, at any reasonable time—\n(a) inspect it; and\n(b) if it is a document—take extracts from it or make copies of it.\n\n(2) This section does not apply to—\n(a) a thing seized under section 81 (4) (which is about seizing things\nthat put the health or safety of people at risk or may cause\ndamage to property or the environment); or\n(b) a thing if possession of it by the person otherwise entitled to\ninspect it would be an offence.\n","sortOrder":99},{"sectionNumber":"98","sectionType":"section","heading":"Return of seized thing","content":"98 Return of seized thing\n(1) If a thing was seized under this part and 1 of the circumstances set out\nin section 99 applies—\n(a) the thing must be returned to its owner; or\n(b) if the thing cannot be returned to its owner because it is lost—\nreasonable compensation must be paid by the Territory to the\nowner.\nNote 1 Lost includes destroyed and spoiled (see s (4)).\nNote 2 The thing must be returned, or compensation paid, as soon as possible\n(see Legislation Act, s 151B).\n(2) However, a thing is not required to be returned, or reasonable\ncompensation is not required to be paid, if—\n(a) the thing is the subject of an application to a court, or a court\norder, in relation to the seizure or forfeiture of the thing; and\n(b) the application or order is made in relation to the thing under\nanother law in force in the ACT.\nAn application for the forfeiture of the seized thing is made to a court under the\nConfiscation of Criminal Assets Act 2003.\n\n(3) Also, a thing is not required to be returned, or reasonable\ncompensation is not required to be paid, if—\n(a) the thing was seized under section 81 (4) (which is about seizing\nthings that put the health or safety of people at risk or may cause\ndamage to property or the environment); or\n(b) the responsible person believes on reasonable grounds that the\nonly practical use of the thing in relation to the premises where\nthe thing was seized or vehicle from which it was seized would\nbe an offence against this Act or another law in force in the ACT;\nor\n(c) possession of it by its owner would be an offence.\nlost includes destroyed and spoiled.\n","sortOrder":100},{"sectionNumber":"99","sectionType":"section","heading":"Circumstances—s 98","content":"99 Circumstances—s 98\n(1) The circumstances for section 98 are as follows:\n(a) an infringement notice for an offence relating to the thing is not\nseized, and a prosecution for an offence relating to the thing—\n(i) is not started within the 1-year period; or\n(ii) is started within the 1-year period but the offence is finally\nExamples—offence finally dealt with in owner’s favour\n1 a court finds the owner not guilty of the offence\n2 a court finds the owner guilty of the offence, the owner appeals against\nthe conviction and the appeal court sets the conviction aside\n3 a court permanently stays the criminal proceeding against the owner\n\n(b) an infringement notice for an offence relating to the thing is\nseized, the infringement notice is withdrawn and a prosecution\nfor an offence relating to the thing—\n(i) is not started within the 1-year period; or\n(ii) is started within the 1-year period but the offence is finally\n(c) an infringement notice for an offence relating to the thing is\nserved on the owner and not withdrawn within 1 year after the\nday the thing was seized, liability for the offence is disputed in\naccordance with the Magistrates Court Act 1930, section 132\n(Disputing liability for infringement notice offence) and an\ninformation—\n(i) is not laid in the Magistrates Court against the person for\nthe offence within 60 days after the day notice is given\nunder section 132 that liability is disputed; or\n(ii) is laid in the Magistrates Court against the person for the\noffence within the 60-day period but the offence is finally\n(d) an infringement notice for an offence relating to the thing is\nseized, and the infringement notice penalty for the offence is\npaid;\n(e) the responsible person becomes satisfied that there is no offence\nagainst this Act with which the thing is connected;\n(f) the responsible person decides not to have an infringement\nnotice served for the offence;\n(g) the responsible person or prosecutor decides not to prosecute.\n\ninfringement notice penalty—see the Magistrates Court Act 1930,\nsection 117.\n","sortOrder":101},{"sectionNumber":"100","sectionType":"section","heading":"Application for order disallowing seizure","content":"100 Application for order disallowing seizure\n(1) A person claiming to be entitled to anything seized under this part\nmay apply to the Magistrates Court for an order disallowing the\nseizure within 10 days after the day the thing was seized.\n(2) However, this section does not apply to a thing seized under\nsection 81 (4) (which is about the seizure of a thing that puts the\nhealth or safety of people at risk or may cause damage to property or\nthe environment).\n(3) The application may be heard only if the applicant has served a copy\nof the application on the responsible person.\n(4) The responsible person is entitled to appear as a respondent at the\nhearing of the application.\n","sortOrder":102},{"sectionNumber":"101","sectionType":"section","heading":"Order disallowing seizure","content":"101 Order disallowing seizure\n(1) This section applies if a person claiming to be entitled to anything\nseized under this part applies to the Magistrates Court under\nsection 100 for an order disallowing the seizure.\n(2) The Magistrates Court must make an order disallowing the seizure if\nsatisfied that—\n(a) the applicant would, apart from the seizure, be entitled to the\nreturn of the seized thing; and\n(b) the thing is not connected with an offence against this Act; and\n(c) possession of the thing by the person would not be an offence.\n(3) The Magistrates Court may also make an order disallowing the\nseizure if satisfied there are exceptional circumstances justifying the\nmaking of the order.\n\n(4) If the Magistrates Court makes an order disallowing the seizure, the\ncourt may also make 1 or more of the following orders:\n(a) an order directing the responsible person to return the thing to\nthe applicant or to someone else who appears to be entitled to it;\n(b) if the thing cannot be returned or has depreciated in value\nbecause of the seizure—an order directing the Territory to pay\nreasonable compensation;\n(c) an order about the payment of costs in relation to the application.\n","sortOrder":103},{"sectionNumber":"102","sectionType":"section","heading":"Forfeiture of seized thing","content":"102 Forfeiture of seized thing\n(a) anything seized under this part is not destroyed or otherwise\ndisposed of under section 84 (Power to destroy unsafe thing) is\nnot required to, or cannot, be returned under section 98 (Return\nof seized thing); and\n(b) an application for disallowance of the seizure under section 100\n(Application for order disallowing seizure)—\n(i) is not made within 10 days after the day the thing was\nseized; or\n(ii) is made within the 10-day period, but the application is\nrefused or withdrawn before a decision in relation to the\napplication is made.\n(2) If this section applies to the seized thing, the thing—\n(a) is forfeited to the Territory; and\n(b) may be sold, destroyed or otherwise disposed of as the\nresponsible person directs.\n\n","sortOrder":104},{"sectionNumber":"103","sectionType":"section","heading":"Cost of disposal of forfeited thing","content":"103 Cost of disposal of forfeited thing\n(a) a person is convicted, or found guilty, of an offence against this\nAct in relation to a thing forfeited to the Territory under this part;\nand\n(b) the thing is connected with an offence against this Act; and\n(c) the person was the owner of the thing immediately before its\nforfeiture; and\n(d) the Territory disposes of the thing.\nNote 1 Found guilty—see the Legislation Act, dictionary, pt 1.\n(2) Costs incurred by the Territory in relation to the disposal of the thing\nare a debt owing to the Territory by the person.\nNote An amount owing under a law may be recovered as a debt in a court of\ncompetent jurisdiction or the ACAT (see Legislation Act, s 177).\ndispose of a thing includes store the thing.\n\nEnforcement—miscellaneous Division 3.5.7\n","sortOrder":105},{"sectionNumber":"104","sectionType":"section","heading":"Sample-taking procedure","content":"104 Sample-taking procedure\n(1) An authorised person may take a sample from premises or a vehicle\nunder this part only if—\n(a) it is safe to take the sample; and\n(b) the taking of the sample will not result in a dangerous situation.\n(2) Unless it is not safe to do so, the authorised person must, immediately\nafter taking a sample of a substance, divide the sample into the\nfollowing parts:\n(a) 1 part that is to be kept for future comparison;\n(b) 1 part that is to be given to the person from whom the sample is\ntaken;\n(c) if the person intends to have the sample tested or analysed—\n1 part for the testing or analysis.\n(3) Immediately after dividing the sample, the authorised person must—\n(a) put each part of the sample in packaging in a way that prevents\nthe contamination of the part; and\n(b) mark or label the packaging in a way that allows the part to be\nidentified; and\n(c) give 1 of the parts to the person from whom the sample is taken.\n(4) If an authorised person intends to take a sample of any packaging\nfrom premises or a vehicle, before removing the packaging from the\npremises or vehicle, the person must give a written receipt that\nidentifies the sample to the person from whom the sample is taken.\n\n(5) If an authorised person finds many packages at premises or in a\nvehicle, and the packages appear to be identical, the person may take\n1 or more of the packages as samples.\n(6) Immediately after taking the sample packages, the authorised person\nmust—\n(a) put each package in packaging in a way that prevents\ncontamination of the package; and\n(b) mark or label the packaging in a way that allows the package to\nbe identified; and\n(c) give 1 of the packages to the person from whom the sample is\ntaken.\n(7) If a person who is offered part of a sample under subsection (3) (c),\nor a sample package under subsection (6) (c), refuses to accept it, the\nauthorised person must keep the part or package.\n(8) The authorised person must give the part or package to the person to\nwhom it is offered if the person later asks the person for it.\n(9) In this section:\nperson from whom the sample is taken means—\n(a) if the sample is taken from premises—the occupier of the\npremises; or\n(b) if the sample is taken from a vehicle—the driver of the vehicle,\nor the person apparently in charge of the vehicle.\n","sortOrder":106},{"sectionNumber":"105","sectionType":"section","heading":"Damage etc to be minimised","content":"105 Damage etc to be minimised\n(1) In the exercise, or purported exercise, of a function under this part, an\nauthorised person must take reasonable steps to ensure that the\nauthorised person, and anyone assisting the authorised person, causes\nas little inconvenience, detriment and damage as practicable.\n\nEnforcement—miscellaneous Division 3.5.7\n(2) If an authorised person, or anyone assisting an authorised person,\ndamages anything in the exercise or purported exercise of a function\nunder this part, the authorised person must give written notice of the\nparticulars of the damage to the person the authorised person believes\non reasonable grounds is the owner of the thing.\n(3) If the damage happens at premises or to a vehicle entered under this\npart in the absence of the occupier, the notice may be given by leaving\nit, secured conspicuously, at the premises or on the vehicle.\n","sortOrder":107},{"sectionNumber":"106","sectionType":"section","heading":"Restoring vehicle, premises etc to original condition after","content":"106 Restoring vehicle, premises etc to original condition after\naction taken\n(a) an authorised person, or anyone assisting an authorised person,\ntakes action in the exercise or purported exercise of a function\nunder this part in relation to premises or a vehicle or a vehicle’s\nequipment or load; and\n(b) damage is caused by the unreasonable exercise of the function\nor by the use of force that is not authorised under this part.\n(2) The authorised person, or person assisting, must take reasonable steps\nto return the premises, vehicle, equipment or load to the condition it\nwas in immediately before the action was taken.\n","sortOrder":108},{"sectionNumber":"107","sectionType":"section","heading":"Compensation for exercise of enforcement powers","content":"107 Compensation for exercise of enforcement powers\n(1) A person may claim compensation from the Territory if the person\nsuffers loss or expense because of the exercise, or purported exercise,\nof a function under this part by an authorised person or anyone\nassisting an authorised person.\n(2) Compensation may be claimed and ordered in a proceeding for—\n(a) compensation brought in a court of competent jurisdiction; or\n(b) an order under section 100 (Application for order disallowing\nseizure); or\n\n(c) an offence against this Act brought against the person making\nthe claim for compensation.\n(3) A court may order the payment of reasonable compensation for the\nloss or expense only if satisfied it is just to make the order in the\ncircumstances of the particular case.\n(4) A regulation may prescribe matters that may, must or must not be\ntaken into account by the court in considering whether it is just to\nmake the order.\n\nImprovement notices Division 3.6.1\n","sortOrder":109},{"sectionNumber":"108","sectionType":"section","heading":"Definitions—div 3.6.1","content":"108 Definitions—div 3.6.1\ndue date and time, for an improvement notice—\n(a) means the date and time (if any) stated in the improvement\nnotice; and\n(b) if the date and time (if any) is extended under section 110\n(Extensions of date or time to comply with improvement\nnotices)—includes the extended date and time.\noffender—see section 109.\n","sortOrder":110},{"sectionNumber":"109","sectionType":"section","heading":"Improvement notices","content":"109 Improvement notices\n(1) An authorised person may give a person (the offender) a written\nnotice (an improvement notice) if the authorised person believes on\nreasonable grounds that the offender—\n(a) has failed to comply with a provision of this Act; or\n(b) is failing to comply with a provision of this Act; or\n(c) is likely to fail to comply with a provision of this Act.\n(2) An improvement notice may require the offender to remedy—\n(a) the failure to comply or likely failure to comply; or\n(b) the matters or activities causing the failure to comply or likely\nfailure to comply.\n\n(3) Also, an improvement notice may state the method to be used to\nachieve the remedy.\n(4) An improvement notice must state the following:\n(a) that the notice is issued under this section;\n(b) that the authorised person believes on reasonable grounds that\nthe offender has failed to comply, is failing to comply or is likely\nto fail to comply, with a provision of this Act;\n(c) the reasons for the belief;\n(d) the provision of this Act in relation to which the belief is held;\n(e) that the offender must comply with the notice not later than the\ndate and time (if any) stated in the notice.\n(5) The authorised person must not set a date or time for compliance with\nthe notice unless satisfied that the date or time is reasonable, having\nregard to—\n(a) the severity of any relevant risks; and\n(b) the nature of the failure to comply or likely failure to comply.\n","sortOrder":111},{"sectionNumber":"110","sectionType":"section","heading":"Extensions of date or time to comply with improvement","content":"110 Extensions of date or time to comply with improvement\nnotices\n(a) an offender has been given an improvement notice; and\n(b) the due date and time for the improvement notice has not passed.\n(2) An authorised person may, by written notice given to the offender,\nextend the due date and time for the improvement notice—\n(a) on the person’s own initiative; or\n\nImprovement notices Division 3.6.1\n(b) if asked by the offender.\n(3) The due date and time may be extended more than once.\n","sortOrder":112},{"sectionNumber":"111","sectionType":"section","heading":"Offence—fail to comply with improvement notice","content":"111 Offence—fail to comply with improvement notice\n(a) is subject to an improvement notice; and\n(b) fails to comply with a requirement of the notice.\nMaximum penalty: 100 penalty units, imprisonment for 6 months or\nexcuse for failing to comply with the requirement.\n(3) It is a defence to a prosecution for an offence against this section if\nthe defendant proves that—\n(a) either—\n(i) the alleged failure to comply, or likely failure to comply,\nto which the improvement notice relates was remedied; or\n(ii) the matters or activities causing the alleged failure to\ncomply, or likely failure to comply, to which the\nimprovement notice relates were remedied; and\n(b) the remedy was achieved not later than the due date and time;\nand\n(c) the method used for achieving the remedy was different from\nthe method stated in the improvement notice.\ns (3) (see Criminal Code, s 59).\n\n","sortOrder":113},{"sectionNumber":"112","sectionType":"section","heading":"Amendment of improvement notices","content":"112 Amendment of improvement notices\n(1) An improvement notice given by an authorised person other than a\npolice officer may only be amended by an authorised person other\nthan a police officer.\n(2) An improvement notice given by a police officer may only be\namended by a police officer.\n(3) An authorised person may amend an improvement notice given to a\nperson by giving the person a written notice (an improvement\namendment notice) stating the terms of the amendment.\n(4) An amendment of an improvement notice is ineffective if it purports\nto deal with a failure to comply with a provision of this Act different\nfrom the provision dealt with in the improvement notice it purports to\namend.\n(5) An improvement amendment notice must state—\n(a) the reasons for the amendment; and\n(b) that the notice is given under this section.\n","sortOrder":114},{"sectionNumber":"113","sectionType":"section","heading":"Cancellation of improvement notices","content":"113 Cancellation of improvement notices\n(1) An improvement notice given by a police officer may only be\ncancelled by—\n(a) the officer; or\n(b) a police officer who is senior in rank to the person who gave the\n(c) the chief police officer.\n\nFormal warnings Division 3.6.2\n(2) An improvement notice given by an authorised person other than a\npolice officer may only be cancelled by—\n(a) the person; or\n(b) the appointing competent authority.\n(3) Written notice of the cancellation of an improvement notice must be\ngiven to the person to whom the improvement notice was given.\n","sortOrder":115},{"sectionNumber":"114","sectionType":"section","heading":"Clearance certificates","content":"114 Clearance certificates\n(1) An authorised person may issue a certificate (a clearance certificate)\nto the effect that a stated requirement, or all requirements, of an\nimprovement notice have been complied with.\n(2) A stated requirement of an improvement notice ceases to be operative\nwhen the person to whom the notice was given receives a clearance\ncertificate to the effect that—\n(a) the requirement has been complied with; or\n(b) all requirements of the notice have been complied with.\n","sortOrder":116},{"sectionNumber":"115","sectionType":"section","heading":"Definitions—div 3.6.2","content":"115 Definitions—div 3.6.2\naction includes the issue of an infringement notice.\nformal warning—see section 116.\noffender—see section 116.\n\n","sortOrder":117},{"sectionNumber":"116","sectionType":"section","heading":"Formal warnings","content":"116 Formal warnings\n(1) This section applies if an authorised person may take action against a\nperson (the offender) for failure to comply with this Act.\n(2) The authorised person may, instead of taking other action against the\noffender, formally warn (a formal warning) the offender if the person\nbelieves on reasonable grounds that—\n(a) the offender—\n(i) took reasonable steps to prevent the failure to comply; and\n(ii) was unaware of the failure to comply; and\n(b) it is appropriate to deal with the failure to comply by way of a\nformal warning under this section.\n(3) A formal warning must be in writing.\n","sortOrder":118},{"sectionNumber":"117","sectionType":"section","heading":"Withdrawal of formal warnings","content":"117 Withdrawal of formal warnings\n(1) A formal warning given by an authorised person may be withdrawn\nby the responsible person for the authorised person by giving the\noffender a notice of withdrawal not later than 21 days after the day\nthe formal warning is given.\n(2) After the formal warning has been withdrawn, action may be taken\nagainst the person for the failure to comply.\n\n","sortOrder":119},{"sectionNumber":"118","sectionType":"section","heading":"Meaning of dangerous activity—pt 3.7","content":"118 Meaning of dangerous activity—pt 3.7\ndangerous activity means an activity—\n(a) that relates to the transport of dangerous goods by road; and\n(b) that is happening or may happen in relation to or in the\nimmediate vicinity of the dangerous goods; and\n(c) that creates or could create a dangerous situation or a risk to the\nsafety of anyone.\n","sortOrder":120},{"sectionNumber":"119","sectionType":"section","heading":"Prohibition notices—general","content":"119 Prohibition notices—general\ngrounds that a dangerous activity is happening or may happen.\n(2) The authorised person may give a person who has or appears to have\ncontrol over the dangerous activity a written notice (a prohibition\nnotice) that prohibits the person—\n(a) from carrying on the activity; or\n(b) from carrying on the activity in a stated way.\n(3) A prohibition notice—\n(a) has effect when it is given to the person or, if a later day or time\nis stated in the notice, on the stated day or at the stated time; and\n(b) is in force until it is withdrawn.\n\n","sortOrder":121},{"sectionNumber":"120","sectionType":"section","heading":"Oral direction may be given before prohibition notice","content":"120 Oral direction may be given before prohibition notice\ngrounds that—\n(a) a dangerous activity is happening or may happen; and\n(b) that it is not reasonable or immediately possible to give a\nprohibition notice.\n(2) The authorised person may orally direct a person who has, or appears\nto have, control over the activity to do or not to do a stated act.\n(3) The authorised person must—\n(a) state the reason for giving the direction; and\n(b) tell the person that it is an offence if the person fails to comply\nwith the direction.\n(4) A direction to person in relation to a dangerous activity ceases to have\neffect if a prohibition notice in relation to the activity is not given to\nthe person within 5 days after the day the direction is given.\n","sortOrder":122},{"sectionNumber":"121","sectionType":"section","heading":"Offence—fail to comply with oral direction","content":"121 Offence—fail to comply with oral direction\n(a) is given a direction under section 120; and\nexcuse for failing to comply with the direction.\n\n(3) Also, this section does not apply to a person if the authorised person\ndid not, before giving the direction, warn the person that failure to\ncomply with the direction is an offence.\nmentioned in s (2) and s (3) (see Criminal Code, s 58).\n","sortOrder":123},{"sectionNumber":"122","sectionType":"section","heading":"Prohibition notices—content","content":"122 Prohibition notices—content\n(1) A prohibition notice must—\n(a) state that the notice is a prohibition notice; and\n(b) require the person to stop the dangerous activity or to stop\ncarrying it out in a stated way; and\n(c) state the basis for the authorised person’s belief that the activity\nis a dangerous activity; and\n(d) if the authorised person believes that the dangerous activity\ninvolves a contravention of a law, state the law and the relevant\nprovision of the law; and\n(e) state the penalty for failing to comply with the notice.\n(2) A prohibition notice may include a direction about the measures to be\ntaken to minimise or eliminate the risk caused by the dangerous\nactivity.\n(3) A direction may offer a choice of ways to minimise or eliminate the\nrisk caused by the dangerous activity.\n(4) A prohibition notice that prohibits the carrying out of an activity in a\nstated way may do so by stating—\n(a) a place where the activity may not be carried out; or\n(b) any thing that may not be used in connection with the activity;\nor\n\n(c) any procedure that may not be followed in connection with the\nactivity.\n","sortOrder":124},{"sectionNumber":"123","sectionType":"section","heading":"Offence—fail to comply with prohibition notice","content":"123 Offence—fail to comply with prohibition notice\n(a) is given a prohibition notice; and\n(b) fails to comply with a requirement of the notice.\nexcuse for failing to comply with the requirement.\n","sortOrder":125},{"sectionNumber":"124","sectionType":"section","heading":"Amendment of prohibition notices","content":"124 Amendment of prohibition notices\n(1) A prohibition notice given by an authorised person other than a police\nofficer may only be amended by an authorised person other than a\npolice officer.\n(2) A prohibition notice given by a police officer may only be amended\nby a police officer.\n(3) An authorised person may amend a prohibition notice given to a\nperson by giving the person a written notice stating—\n(a) the terms of the amendment; and\n(b) the reasons for the amendment; and\n(c) that the notice is given under this section.\n\n(4) An amendment of a prohibition notice is ineffective if it purports to\ndeal with a failure to comply with a provision of a law different from\nthe provision dealt with in the prohibition notice it purports to amend.\n","sortOrder":126},{"sectionNumber":"125","sectionType":"section","heading":"Withdrawal of prohibition notices","content":"125 Withdrawal of prohibition notices\n(1) A prohibition notice must be withdrawn if the activity the subject of\nthe notice is not, or is no longer, a dangerous activity.\n(2) A prohibition notice given by a police officer may only be withdrawn\nby—\n(a) a police officer who is senior in rank to the person who gave the\n(b) the chief police officer.\n(3) A prohibition notice given by an authorised person other than a police\nofficer may only be withdrawn by the appointing competent\nauthority.\n(4) Written notice of the withdrawal of a prohibition notice must be given\nto the person to whom the prohibition notice was given.\n","sortOrder":127},{"sectionNumber":"126","sectionType":"section","heading":"Proceeding for offence not affected by prohibition notice","content":"126 Proceeding for offence not affected by prohibition notice\nThe service, amendment or withdrawal of a prohibition notice does\nnot affect any proceeding for an offence against this Act.\n\n","sortOrder":128},{"sectionNumber":"127","sectionType":"section","heading":"Meaning of associate—pt 3.8","content":"127 Meaning of associate—pt 3.8\n(1) For this part, a person is an associate of someone else if—\n(a) 1 of them is a spouse, parent, brother, sister or child of the other;\nor\n(b) both are members of the same household; or\n(c) they are partners; or\n(d) both are trustees or beneficiaries of the same trust, or 1 is a\ntrustee and the other is a beneficiary of the same trust; or\n(e) 1 person is a corporation and the other person is a director or\nmember of the governing body of the corporation; or\n(f) 1 person is a corporation (other than a public company whose\nshares are listed on a stock exchange) and the other person is a\nshareholder in the corporation; or\n(g) they are related bodies corporate; or\n(h) a chain of relationships can be traced between them under 1 or\nmore of paragraphs (a) to (g).\nbeneficiary, of a trust, includes an object of a discretionary trust.\nrelated body corporate—see the Corporations Act, section 9\n(Dictionary).\n\nProceedings for offences Division 3.8.1A\nDivision 3.8.1A Proceedings for offences\n","sortOrder":129},{"sectionNumber":"127A","sectionType":"section","heading":"Proceedings for offences","content":"127A Proceedings for offences\nA proceeding for an offence against this Act may be dealt with\nsummarily.\n","sortOrder":130},{"sectionNumber":"127B","sectionType":"section","heading":"Proceedings may be brought by authorised person","content":"127B Proceedings may be brought by authorised person\nA proceeding for an offence against this Act may be brought by an\n","sortOrder":131},{"sectionNumber":"127C","sectionType":"section","heading":"Period within which proceedings for offences may be","content":"127C Period within which proceedings for offences may be\ncommenced\n(1) Unless this Act otherwise provides, proceedings for an offence may\nbe commenced within—\n(a) 2 years after the day of commission of the offence; or\n(b) if the period mentioned in paragraph (a) has expired—within\n12 months after the day an authorised person first obtained\nevidence of the commission of the offence considered\nreasonably sufficient by the person to warrant commencing\nproceedings.\n(2) For subsection (1), a certificate issued by an authorised person that\nstates the date when the person first obtained evidence mentioned in\nsubsection (1) (b), is admissible in proceedings as evidence of the\nmatter.\n\n","sortOrder":132},{"sectionNumber":"128","sectionType":"section","heading":"Penalties imposed by courts","content":"128 Penalties imposed by courts\n(1) A court that convicts a person, or finds a person guilty, of an offence\nagainst this Act may impose 1 or more penalties under this part.\n(2) Without affecting a court’s discretion, the court must consider, when\nimposing more than 1 penalty under this part, the combined effect of\nthe penalties imposed.\n(3) Nothing in this part affects a discretion or power that a court or other\nperson or body has apart from this part.\n(4) If orders are made under this part, whether by the same or different\ncourts, which result in a supervisory intervention order and an\nexclusion order being in force at the same time in relation to the same\nperson, the supervisory intervention order is taken to be suspended\nfor the period the exclusion order is in force.\nNote Supervisory intervention orders are dealt with in div 3.8.4. Exclusion\norders are dealt with in div 3.8.5.\nDivision 3.8.2 Commercial benefits penalty orders\n","sortOrder":133},{"sectionNumber":"129","sectionType":"section","heading":"Commercial benefits penalty orders","content":"129 Commercial benefits penalty orders\n(1) A court that convicts a person, or finds a person guilty, of an offence\nagainst this Act may, on the application of the prosecutor or a\ncompetent authority, make an order (a commercial benefits penalty\norder) under this section.\n\nCommercial benefits penalty orders Division 3.8.2\n(2) The court may make a commercial benefits penalty order requiring\nthe person to pay, as a fine, an amount not more than 3 times the\namount estimated by the court to be the gross commercial benefit\nthat—\n(a) was received or receivable, by the person or an associate of the\nperson, from the commission of the offence; or\n(b) for a journey that was interrupted or not begun because of action\ntaken by an authorised person in relation to the commission of\nthe offence—would have been received or receivable, by the\nperson or an associate of the person, from the commission of the\noffence had the journey been completed.\nNote The court’s estimate of gross commercial benefit is dealt with in s 130.\n(3) However, the court must not make a commercial benefits penalty\norder for an amount that is more than the maximum amount if the\noffence in relation to which the order is made is a strict liability\noffence.\n(4) Nothing in this section prevents the court from ordering payment of\nan amount that is—\n(a) less than 3 times the estimated gross commercial benefit; or\n(b) less than the estimated gross commercial benefit.\nmaximum amount means the amount that, if it were the amount of a\npenalty for an offence expressed as a number of penalty units, is\n50 penalty units.\n\n","sortOrder":134},{"sectionNumber":"130","sectionType":"section","heading":"Commercial benefits penalty orders—estimating gross","content":"130 Commercial benefits penalty orders—estimating gross\ncommercial benefit\n(1) In estimating the gross commercial benefit that was, or would have\nbeen, received or receivable from the commission of the offence, the\ncourt may take into account—\n(a) benefits of any kind, whether monetary or otherwise; and\n(b) any other matter that the court considers relevant.\nExamples—par (b)\n1 the value of goods involved in the offence\n2 the distance over which goods involved in the offence were, or were to\nbe, carried\n(2) However, in estimating the gross commercial benefit that was, or\nwould have been, received or receivable from the commission of the\noffence, the court must disregard any cost, expense or liability\nincurred by the person or an associate of the person.\n","sortOrder":135},{"sectionNumber":"131","sectionType":"section","heading":"Penalties involving licences","content":"131 Penalties involving licences\n(1) This section applies if a court convicts a driver of a vehicle, or finds\na driver of a vehicle guilty, of an offence against this Act.\n(2) The court may order either or both of the following:\n(a) that a licence the driver is required to have under a regulation\nis—\n(i) cancelled; or\n(ii) amended or suspended for a stated period;\n\nLicensing and registration penalties Division 3.8.3\n(b) that the driver is disqualified from obtaining or holding a licence\nthe driver is required to have under a regulation for a stated\nperiod.\n(3) An order under this section operates automatically and takes effect\nimmediately or, if a later day is stated in the order, on the stated day.\n","sortOrder":136},{"sectionNumber":"132","sectionType":"section","heading":"Penalties involving vehicle registration","content":"132 Penalties involving vehicle registration\n(1) This section applies if the registered operator of a vehicle is convicted\nor found guilty by a court of an offence against this Act in relation to\nthe vehicle.\n(2) The court may order that the registration of the vehicle is—\n(a) cancelled; or\n(b) suspended for a stated period.\n(3) If the court makes an order under subsection (2), the court may also\nmake 1 or more of the following orders:\n(a) that the registered operator is disqualified from registering the\nvehicle for a stated period;\n(b) if an associate of the registered operator is involved in the\ncommission of the offence—that the associate is disqualified\nfrom registering the vehicle for a stated period.\n(4) If the court considers that someone else who is not present in court\nmay be substantially affected if an order is made under this section,\nthe court may issue a summons to the person to give reasons why the\norder should not be made.\n(5) An order under this section operates automatically and takes effect\nimmediately or, if a later day is stated in the order, on the stated day.\n\n","sortOrder":137},{"sectionNumber":"133","sectionType":"section","heading":"Supervisory intervention orders","content":"133 Supervisory intervention orders\n(c) the court considers the person to be a systematic or persistent\noffender against this Act.\n(2) The court may make an order (a supervisory intervention order)\nrequiring the person to do 1 or more of the following, at the person’s\nown expense and for a stated period not longer than 1 year:\n(a) to do stated things that the court considers will improve the\nperson’s compliance with this Act or a stated provision of this\nAct;\nExamples\n1 appointing or removing staff to or from particular activities or positions\n2 training and supervising staff\n3 obtaining expert advice in relation to maintaining compliance\n4 installing monitoring, compliance, managerial or operational equipment\nsuch as intelligent transport system equipment\n5 implementing monitoring, compliance, managerial or operational\npractices, systems or procedures\nNote Intelligent transport system—see the dictionary.\n\nSupervisory intervention orders Division 3.8.4\n(b) to conduct stated monitoring, compliance, managerial or\noperational practices, systems or procedures subject to the\ndirection of the competent authority or a person nominated by\nthe authority;\n(c) to appoint someone else to have responsibilities—\n(i) to assist the person in improving compliance with this Act\nor a stated provision of this Act; and\n(ii) to monitor the person’s performance in complying with\nthis Act or a stated provision of this Act and in complying\nwith the requirements of the order.\n(3) However, the court may make a supervisory intervention order only\nif satisfied that the order can improve the person’s ability or\nwillingness to comply with this Act, having regard to—\n(a) the offences against this Act that the person has been previously\nconvicted or found guilty of; and\n(b) the offences against this Act for which the person has been\nproceeded against by way of infringement notices that have not\nbeen withdrawn; and\n(c) any other offences or matters that the court considers to be\nrelevant to the conduct of the person in relation to the transport\nof dangerous goods.\n(4) The order may direct that any other penalty imposed for the offence\nby the court be suspended until the court decides, on application by\nthe prosecutor or competent authority, that there has been a\nsubstantial failure to comply with the order.\n\n(5) For this section, if a person has committed at least 1 offence against\nthis Act, the court may treat an offence that the person has committed\nagainst a corresponding law as if the offence had also been committed\nagainst this Act.\nNote 1 If a court makes a supervisory intervention order, the court may also\nrequire compliance reports to be given—see s 134.\nNote 2 If both a supervisory intervention order and an exclusion order are in\nforce at the same time in relation to the same person, the supervisory\nintervention order is taken to be suspended for the period the exclusion\norder is in force (see s 128 (4)).\n","sortOrder":138},{"sectionNumber":"134","sectionType":"section","heading":"Supervisory intervention orders—compliance reports","content":"134 Supervisory intervention orders—compliance reports\n(1) This section applies if a court makes a supervisory intervention order.\n(2) The court may also require in the order that the person, at the person’s\nown expense and for a stated period not longer than 1 year—\n(a) give compliance reports to a competent authority, the court or\nboth as stated in the order; or\n(b) appoint someone else to have responsibility to give compliance\nreports to a competent authority, the court or both as stated in\nthe order.\n(3) The court may state the matters that must be dealt with in a\ncompliance report and how and when a compliance report is to be\nprepared and given.\n(4) The court may require that a compliance report, or parts of a\ncompliance report, be made public, and may state how and when a\ncompliance report is to be made public.\n\nSupervisory intervention orders Division 3.8.4\ncompliance report, in relation to a person about whom a supervisory\nintervention order is made, means a report relating to—\n(a) the performance of the person in complying with—\n(i) this Act or a provision of this Act stated in the order; and\n(ii) the requirements of the order; and\n(b) without limiting paragraph (a)—\n(i) things done by the person to ensure that any failure by the\nperson to comply with this Act or the stated provision of\nthis Act does not continue; and\n(ii) the results of the things having been done.\n","sortOrder":139},{"sectionNumber":"135","sectionType":"section","heading":"Supervisory intervention orders—amendment and","content":"135 Supervisory intervention orders—amendment and\nrevocation\nA court with power to make a supervisory intervention order may\namend or revoke a supervisory intervention order if—\n(a) an application for amendment or revocation is made by—\n(i) a competent authority; or\n(ii) the person in relation to whom the order is made; and\n(b) the court is satisfied that there has been a change of\ncircumstances that justifies the amendment or revocation.\n\n","sortOrder":140},{"sectionNumber":"136","sectionType":"section","heading":"Offence—fail to comply with supervisory intervention","content":"136 Offence—fail to comply with supervisory intervention\norder\n(a) a supervisory intervention order is in force in relation to the\nperson; and\n","sortOrder":141},{"sectionNumber":"137","sectionType":"section","heading":"Exclusion orders","content":"137 Exclusion orders\n(c) the court considers the person to be a systematic or persistent\noffender against this Act; and\n(d) the court considers that it is necessary to make an order under\nthis section to restrict opportunities for the person to commit, or\nbe involved in the commission of, further offences against this\nAct.\n(2) The court may make an order (an exclusion order) prohibiting the\nperson, for a stated period, from involvement in the transport of\ndangerous goods or in any part of the transport of dangerous goods.\n\nExclusion orders Division 3.8.5\n(3) However, the court may make an exclusion order only if satisfied that\nthe person should not continue the things the subject of the proposed\norder and that a supervisory intervention order is not appropriate,\nhaving regard to—\n(a) the offences against this Act of which the person has been\npreviously convicted or found guilty; and\n(b) the offences against this Act for which the person has been\nproceeded against by way of infringement notices that have not\nbeen withdrawn; and\n(c) any other offences or matters that the court considers to be\nrelevant to the conduct of the person in relation to involvement\nin the transport of dangerous goods.\n(4) Also, the court may not make an exclusion order that prohibits the\nperson from driving or registering a vehicle.\n(5) For this section, if a person has committed at least 1 offence against\nthis Act, the court may treat an offence that the person has committed\nagainst a corresponding law as if the offence had also been committed\nagainst this Act.\n","sortOrder":142},{"sectionNumber":"138","sectionType":"section","heading":"Exclusion orders—amendment and revocation","content":"138 Exclusion orders—amendment and revocation\nA court with power to make an exclusion order may amend or revoke\nan exclusion order if—\n(a) an application for amendment or revocation is made by—\n(i) a competent authority; or\n(ii) the person in relation to whom the order is made; and\n(b) the court is satisfied that there has been a change of\ncircumstances that justifies the amendment or revocation.\n\n","sortOrder":143},{"sectionNumber":"139","sectionType":"section","heading":"Offence—fail to comply with exclusion order","content":"139 Offence—fail to comply with exclusion order\n(a) an exclusion order is in force in relation to the person; and\n","sortOrder":144},{"sectionNumber":"140","sectionType":"section","heading":"Forfeiture","content":"140 Forfeiture\nagainst this Act in relation to dangerous goods; and\n(c) the court is satisfied that the person owns the goods or that the\nowner cannot be identified.\n(2) The court may, in addition to imposing any other penalty, order that\nthe dangerous goods and their packaging be forfeited to the Territory.\n(3) Dangerous goods and packaging forfeited to the Territory may be\ncollected, packaged, transported, sold, destroyed or otherwise\ndisposed of as the competent authority directs.\n(4) The person convicted, or found guilty, of the offence must pay to the\nTerritory the reasonable costs of collecting, packaging, transporting,\nstoring, selling, destroying or otherwise disposing of the dangerous\ngoods and packaging.\n\nDefinitions—pt 3.9 Division 3.9.1\nDivision 3.9.1 Definitions—pt 3.9\n","sortOrder":145},{"sectionNumber":"141","sectionType":"section","heading":"Definitions—pt 3.9","content":"141 Definitions—pt 3.9\ncompensation order means an order made under this part.\noffender—see section 142.\nrecovery of costs order—see section 146A (2).\nroads compensation order—see section 142.\nDivision 3.9.2 Roads compensation orders for\ndamage to road infrastructure\n","sortOrder":146},{"sectionNumber":"142","sectionType":"section","heading":"Roads compensation orders—making","content":"142 Roads compensation orders—making\n(1) This section applies if a court convicts a person (the offender), or\nfinds a person guilty (also the offender), of an offence against this\nAct.\n(2) The court may make an order (a roads compensation order) requiring\nthe offender to pay to the Territory the amount of compensation that\nthe court considers appropriate for damage to road infrastructure that\nthe Territory has suffered, or is likely to suffer, because of the\noffence.\n(3) A roads compensation order may only be made in favour of the\nTerritory.\n\nDivision 3.9.2 Roads compensation orders for damage to road infrastructure\n(4) The court may make a roads compensation order if satisfied on the\nbalance of probabilities that the commission of the offence caused or\ncontributed to the damage suffered or likely to be suffered.\n","sortOrder":147},{"sectionNumber":"143","sectionType":"section","heading":"Roads compensation orders—application","content":"143 Roads compensation orders—application\n(1) A roads compensation order may be made on the application of the\nprosecutor or a competent authority.\n(2) The application may only be made—\n(a) when the court convicts the offender, or finds the offender\nguilty, of the offence; or\n(b) before the end of the period within which a prosecution for the\noffence could have been started.\n","sortOrder":148},{"sectionNumber":"144","sectionType":"section","heading":"Roads compensation orders—assessment","content":"144 Roads compensation orders—assessment\n(1) In making a roads compensation order, the court may assess the\namount of compensation in the way the court considers appropriate.\nthe estimated cost of remedying the damage\n(2) In assessing the amount of compensation, the court may take into\naccount the matters the court considers relevant, including—\n(a) evidence presented in relation to the prosecution of the offence;\nand\n(b) evidence not presented in relation to the prosecution of the\noffence but presented in relation to the making of the proposed\norder; and\n(c) a certificate from the Territory stating that it maintains the road\ninfrastructure concerned; and\n\nRoads compensation orders for damage to road infrastructure Division 3.9.2\n(d) any other certificate of the Territory.\nExamples—par (d)\n1 a certificate estimating the monetary value of a part or all of the road\ninfrastructure or of the damage to it\n2 a certificate estimating the cost of remedying the damage\n3 a certificate estimating the extent of the offender’s contribution to the damage\n","sortOrder":149},{"sectionNumber":"145","sectionType":"section","heading":"Roads compensation orders—certificates","content":"145 Roads compensation orders—certificates\n(1) If the Territory proposes to use a certificate mentioned in section 144\nin a proceeding, the Territory must give a copy of the certificate to\nthe offender at least 28 working days before the day on which the\nmatter is set down for hearing.\n(2) The certificate cannot be used in the proceeding unless a copy of the\ncertificate has been given in accordance with this section.\n(3) An offender who wishes to challenge a statement in the certificate\nmust give a notice in writing to the Territory at least 14 working days\nbefore the day on which the matter is set down for hearing.\n(4) The notice must state the matters in the certificate that the offender\nintends to challenge.\n(5) If the offender is intending to challenge the accuracy of a\nmeasurement, analysis or reading in the certificate, the offender must\nstate—\n(a) the reason why the offender alleges the measurement, analysis\nor reading is inaccurate; and\n(b) the measurement, analysis or reading that the offender considers\nto be correct.\n(6) The offender cannot challenge a matter in the certificate if the\nrequirements of this section have not been complied with in relation\nto the certificate, unless the court gives leave to do so in the interests\nof justice.\n\n","sortOrder":150},{"sectionNumber":"146","sectionType":"section","heading":"Roads compensation orders—limits on amount","content":"146 Roads compensation orders—limits on amount\n(1) If, in making a roads compensation order, the court is satisfied that\nthe commission of the offence contributed to the damage but that\nother factors not connected with the commission of the offence also\ncontributed to the damage, the court must limit the amount of the\ncompensation payable by the offender to the amount the court\nassesses as being the offender’s contribution to the damage.\n(2) The maximum amount of compensation must not be more than the\namount of the court’s jurisdictional limit in a civil proceeding.\n(3) The court must not include in the roads compensation order any\namount for—\n(a) personal injury or death; or\n(b) loss of income (whether suffered by the Territory or any other\nperson or organisation); or\n(c) damage to any property (including a vehicle) that is not part of\nthe road infrastructure.\n","sortOrder":151},{"sectionNumber":"146A","sectionType":"section","heading":"Recovery of costs orders—making","content":"146A Recovery of costs orders—making\n(1) This section applies if a court convicts a person or finds a person\nguilty of an offence against this Act.\nmade or in force under the Act, including any regulation\n(see Legislation Act, s 104).\n(2) The court may make an order (a recovery of costs order) requiring\nthe person to pay to a competent authority the costs the court\nconsiders appropriate that were—\n(a) reasonably incurred in taking action in relation to the offence; or\n(b) directly related to the investigation of the offence.\n\nCosts and recovery Division 3.9.3\n(3) Subsection (2) applies in addition to any other penalty imposed by a\ncourt for an offence against this Act.\ncosts includes costs for testing, transporting, storing and disposing of\ndangerous goods and other evidence.\n","sortOrder":152},{"sectionNumber":"146B","sectionType":"section","heading":"Recovery of costs orders—application","content":"146B Recovery of costs orders—application\n(1) A recovery of costs order may be made on the application of a\ncompetent authority.\n(2) The application may only be made—\n(a) when the court convicts the person, or finds the person guilty, of\nan offence; or\n(b) if an application is not made when the court convicts the person,\nor finds the person guilty, of an offence—before the end of the\nperiod within which a prosecution for the offence could have\nbeen started.\n","sortOrder":153},{"sectionNumber":"147","sectionType":"section","heading":"Compensation orders—costs","content":"147 Compensation orders—costs\n(1) A court has the same power to award costs in relation to a proceeding\nfor a compensation order as the court has in relation to a civil\nproceeding.\n(2) The Court Procedures Rules 2006, part 2.17 (Costs) applies to costs\nin relation to a proceeding for a compensation order as if—\n(a) any necessary changes to the rules were made; and\n(b) any changes prescribed by regulation were made.\n\n","sortOrder":154},{"sectionNumber":"148","sectionType":"section","heading":"Compensation orders—enforcement","content":"148 Compensation orders—enforcement\nA compensation order, and any award of costs, made by a court are\nenforceable as if they were a judgment of the court in a civil\nproceeding.\n","sortOrder":155},{"sectionNumber":"149","sectionType":"section","heading":"Compensation orders—other orders and awards","content":"149 Compensation orders—other orders and awards\n(1) A compensation order must not be made if another court or tribunal\nhas awarded compensatory damages or compensation in a civil\nproceeding for the damage based on the same or similar facts.\n(2) If a court purports to make a compensation order in the circumstances\nmentioned in subsection (1)—\n(a) the order is void to the extent that it covers the same matters as\nthose covered by the other award; and\n(b) any payment made under the order to the extent to which it is\nvoid must be repaid by the Territory.\n(3) The making of a compensation order does not prevent another court\nor tribunal from later awarding damages or compensation in a civil\nproceeding for the damage based on the same or similar facts, but the\nother court or tribunal must take the compensation order into account\nwhen awarding damages or compensation.\n\nExemptions Part 3.10\n","sortOrder":156},{"sectionNumber":"150","sectionType":"section","heading":"Meaning of exemption","content":"150 Meaning of exemption\nIn this Act:\nexemption means an exemption given under section 151.\n","sortOrder":157},{"sectionNumber":"151","sectionType":"section","heading":"Exemptions by competent authorities—general","content":"151 Exemptions by competent authorities—general\n(1) A person may apply to a competent authority for an exemption from\ncompliance with a provision of a regulation in relation to the transport\nof stated dangerous goods by road.\nNote A regulation may contain provisions about the application.\n(2) A competent authority may, by written notice and on its own initiative\nor on application under subsection (1), exempt a person from\ncompliance with a provision of a regulation in relation to the transport\nof stated dangerous goods by road if the competent authority is\nsatisfied on reasonable grounds that—\n(a) it is not reasonably practicable for the person to comply with the\nprovision; and\n(b) granting the exemption would not—\n(i) be likely to create a risk of death or injury to a person, or\nharm to the environment or property, greater than the risk\nwould be if the person was required to comply; and\n(ii) cause unnecessary administrative or enforcement\ndifficulties, particularly in relation to maintaining national\nuniformity of road transport laws.\nNote An exemption may have effect in relation to a class of people. This is\nbecause power given under an Act to make a statutory instrument\nincludes power to make different provision in relation to different matters\nor different classes of matters, or to make an instrument that applies\ndifferently by reference to stated exceptions or factors (see Legislation\nAct, s 48).\n\n(3) An exemption may be conditional.\n(4) An exemption must include the following:\n(a) the provision of the regulation from which the person is exempt;\n(b) the dangerous goods to which the exemption applies;\n(c) the period when the exemption is in force;\n(d) any conditions of the exemption;\n(e) the geographical area in which the exemption applies.\n(5) The following are notifiable instruments:\n(a) an exemption given to a class of people;\n(b) an exemption for longer than 6 months.\n(6) To remove any doubt, a representative of a class of people may apply\nunder subsection (1).\n","sortOrder":158},{"sectionNumber":"152","sectionType":"section","heading":"Offence—fail to comply with exemption condition","content":"152 Offence—fail to comply with exemption condition\n(a) an exemption applies in relation to the person; and\n(b) the exemption is conditional; and\n(c) the person fails to comply with a condition of the exemption.\n","sortOrder":159},{"sectionNumber":"153","sectionType":"section","heading":"Offence—fail to keep copy of notice in premises or","content":"153 Offence—fail to keep copy of notice in premises or\n(a) the person is given a notice about an exemption; and\n(b) the exemption applies in relation to premises or a vehicle; and\n\nExemptions Part 3.10\n(c) the person fails to keep a copy of the notice in the premises or\n","sortOrder":160},{"sectionNumber":"154","sectionType":"section","heading":"Exemption—competent authority to tell other competent","content":"154 Exemption—competent authority to tell other competent\nauthorities\n(1) This section applies if a competent authority—\n(a) gives an exemption to a class of people; or\n(b) gives an exemption for longer than 6 months.\n(2) The competent authority must tell the competent authority of a State\nthe details of the exemption.\nNote State includes the Northern Territory (see Legislation Act, dict, pt 1).\n","sortOrder":161},{"sectionNumber":"155","sectionType":"section","heading":"Amendment and cancellation of exemptions and","content":"155 Amendment and cancellation of exemptions and\nconditions\n(1) A competent authority that gives an exemption may cancel the\nexemption if the authority—\n(a) is satisfied on reasonable grounds that a condition of the\nexemption has not been complied with; or\n(b) is no longer satisfied on reasonable grounds about a matter\nmentioned in section 151 (2).\n(2) The competent authority may also—\n(a) amend or cancel a condition of the exemption; or\n(b) put a new condition on the exemption.\n(3) An exemption given to a person may only be amended or cancelled\nby written notice given to the person.\n(4) The amendment or cancellation takes effect when it is given to the\nperson or, if a later day is stated in the notice, on the stated day.\n\n(5) An exemption given to a class of people may only be amended or\ncancelled by written notice.\n(6) A notice mentioned in subsection (5) is a notifiable instrument.\n","sortOrder":162},{"sectionNumber":"156","sectionType":"section","heading":"Declaration by Minister—amend or suspend regulation’s","content":"156 Declaration by Minister—amend or suspend regulation’s\noperation\n(1) The Minister may declare that the operation of a regulation, or a stated\npart of a regulation—\n(a) is suspended for a stated period; or\n(b) is amended in the way stated by the Minister.\n(2) A declaration is a disallowable instrument.\nNote A declaration may have effect in relation to all of the ACT or a stated\narea of the ACT. This is because power given under an Act to make a\nstatutory instrument includes power to make different provision in\nrelation to different matters or different classes of matters, or to make an\ninstrument that applies differently by reference to stated exceptions or\nfactors (see Legislation Act, s 48).\n\nPart 3.11 General liability and evidentiary\nprovisions\n","sortOrder":163},{"sectionNumber":"156A","sectionType":"section","heading":"Multiple offenders","content":"156A Multiple offenders\n(1) This section applies where a provision of this Act provides (expressly\nor impliedly) that 2 or more people are liable for an offence.\n(2) A proceeding may be taken against all or any of the people.\n(3) A proceeding may be taken against any of the people—\n(a) regardless of whether or not a proceeding has been commenced\nagainst any of the other people; and\n(b) if a proceeding has been commenced against any of the other\npeople—regardless of whether or not the proceeding has been\nconcluded; and\n(c) if a proceeding has been concluded against any of the other\npeople—regardless of the outcome of the proceeding.\n(4) This section has effect subject to any provision of this Act to the\ncontrary.\n","sortOrder":164},{"sectionNumber":"156B","sectionType":"section","heading":"Double jeopardy","content":"156B Double jeopardy\n(1) A person may be punished only once in relation to the same failure to\ncomply with a particular provision of this Act, even if the person is\nliable in more than 1 capacity.\n\n(2) Despite subsection (1), a person may be punished for more than\n1 breach of a provision of this Act where the breaches relate to\ndifferent parts of the same vehicle or of the same dangerous goods.\nNote If a person contravenes a provision of this Act and has been punished for\nthe contravention against a law of another jurisdiction, the person is not\nliable to be punished for the contravention under this Act (see Legislation\nAct, s 191 (2)).\n","sortOrder":165},{"sectionNumber":"157","sectionType":"section","heading":"Criminal liability of executive officers of corporations","content":"157 Criminal liability of executive officers of corporations\n(1) An executive officer of a corporation commits an offence if—\n(a) the corporation commits an offence (a relevant offence) by\ncontravening a provision of this Act; and\n(b) the officer was reckless about whether the contravention would\nhappen; and\n(c) the officer was in a position to influence the conduct of the\ncorporation in relation to the contravention; and\n(d) the officer failed to take reasonable steps to prevent the\ncontravention.\nMaximum penalty: The maximum penalty that may be imposed on\nan individual for the relevant offence.\n\n(2) In deciding whether the executive officer took (or failed to take)\nreasonable steps to prevent the contravention, a court must have\nregard to the following:\n(a) any action the officer took directed towards ensuring the\nfollowing (to the extent that the action is relevant to the\ncontravention):\n(i) that the corporation arranged regular professional\nassessments of the corporation’s compliance with the\ncontravened provision;\n(ii) that the corporation implemented any appropriate\nrecommendation arising from an assessment under\nsubparagraph (i);\n(iii) that the corporation’s employees, agents and contractors\nhad a reasonable knowledge and understanding of the\nrequirement to comply with the contravened provision;\n(b) any action the officer took when the officer became aware that\nthe contravention was, or could be, about to happen.\n(3) Subsection (2) does not limit the matters to which the court may have\nregard.\n(4) This section applies whether or not the corporation is prosecuted for,\nor convicted of, the relevant offence.\n(5) This section does not apply if the corporation would have a defence\nto a prosecution for the relevant offence.\nexecutive officer, of a corporation, means a person, however\ndescribed and whether or not the person is a director of the\ncorporation, who is concerned with, or takes part in, the corporation’s\nmanagement.\n\n","sortOrder":166},{"sectionNumber":"158","sectionType":"section","heading":"Offence—partners etc taken to have committed offences","content":"158 Offence—partners etc taken to have committed offences\nof other partners\n(1) If a person (the offender) who is a partner in a partnership commits\nan offence against this Act in the course of the activities of the\npartnership, each other partner in the partnership, and each other\nperson who is involved with, or takes part in, the management of the\npartnership, is taken to have committed the offence and is punishable\naccordingly.\n(2) Subsection (1) does not apply to a person if—\n(a) the person was not in a position to influence the conduct of the\noffender; or\n(b) the person, being in a position to influence the conduct of the\noffender, took reasonable precautions and exercised due\ndiligence to prevent the commission of the offence.\n\n","sortOrder":167},{"sectionNumber":"159","sectionType":"section","heading":"Offence—managers etc of unincorporated associations","content":"159 Offence—managers etc of unincorporated associations\ntaken to have committed offences of other managers etc\n(1) If a person (the offender) who is involved in the management of an\nunincorporated association commits an offence against this Act in the\ncourse of the activities of the unincorporated association, each other\nperson who is involved with, or takes part in, the management of the\nunincorporated association is taken to have committed the offence\nand is punishable accordingly.\n(2) Subsection (1) does not apply to a person if—\n(a) the person was not in a position to influence the conduct of the\noffender; or\n(b) the person, being in a position to influence the conduct of the\noffender, took reasonable precautions and exercised due\ndiligence to prevent the commission of the offence.\n","sortOrder":168},{"sectionNumber":"159A","sectionType":"section","heading":"Offence—employers taken to have committed offences of","content":"159A Offence—employers taken to have committed offences of\nemployees\n(1) If a person (the offender) who is an employee of another person (the\nemployer) commits an offence against this Act in the course of the\nperson’s employment, the employer is taken to have committed the\noffence and is punishable accordingly.\n\n(2) Subsection (1) does not apply to a defendant if—\n(a) the defendant had no knowledge of the offence; and\n(b) the defendant took reasonable precautions and exercised\nappropriate diligence to prevent the commission of the offence.\n","sortOrder":169},{"sectionNumber":"160","sectionType":"section","heading":"Exception for owners and operators","content":"160 Exception for owners and operators\n(1) This section applies to a defendant for an offence against this Act if\nthe defendant is being prosecuted as an owner or operator of a vehicle\ntransporting dangerous goods.\n(2) The defendant does not commit the offence if, at the time of the\nconduct that would, apart from this section, make up the offence, the\nvehicle was being used by—\n(a) someone else not entitled (whether by express or implied\nauthority or otherwise) to use the vehicle, other than an\nemployee or agent of the defendant; or\n(b) an employee of the defendant who was acting at the relevant\ntime outside the scope of the employment; or\n\nGeneral exceptions to offences Division 3.11.2\n(c) an agent (in any capacity) of the defendant who was acting at\nthe relevant time outside the scope of the agency.\n(3) However, if the offence relates to a breach of this Act for an alleged\ndeficiency concerning the vehicle or dangerous goods, the exception\nin subsection (2) is only available to the defendant if—\n(a) the vehicle or dangerous goods had not, before it or they stopped\nbeing under the defendant’s control, been driven or transported\nin Australia in breach of this Act or a corresponding law that\nrelates to any of the alleged deficiencies; and\n(b) 1 or more material changes, resulting in the alleged breach, were\nmade after the vehicle or dangerous goods stopped being under\nthe defendant’s control.\ndeficiency concerning a vehicle or dangerous goods means a\ndeficiency in anything that is required by regulation—\n(a) to be carried in a vehicle; or\n(b) to be met in relation to dangerous goods.\n","sortOrder":170},{"sectionNumber":"161","sectionType":"section","heading":"Exception if complying with direction","content":"161 Exception if complying with direction\nA person does not commit an offence against this Act if the conduct\nmaking up the offence was done in compliance with a direction\n(whether or not a lawful direction) given by an authorised person.\nmentioned in this section (see Criminal Code, s 58).\n\n","sortOrder":171},{"sectionNumber":"162","sectionType":"section","heading":"Acts and omissions of representatives","content":"162 Acts and omissions of representatives\n(1) In this section:\nperson means an individual.\nNote See the Criminal Code, pt 2.5 for provisions about corporate criminal\nresponsibility.\nrepresentative, of a person, means an employee or agent of the\nstate of mind, of a person, includes—\n(a) the person’s knowledge, intention, opinion, belief or purpose;\nand\n(b) the person’s reasons for the intention, opinion, belief or purpose.\n(2) This section applies to a prosecution for an offence against this Act.\n(3) If it is relevant to prove a person’s state of mind about an act or\nomission, it is enough to show—\n(a) the act was done or omission was made by a representative of\nthe person within the scope of the representative’s actual or\napparent authority; and\n(b) the representative had the state of mind.\n(4) An act done or omitted to be done on behalf of a person by a\nrepresentative of the person within the scope of the representative’s\nactual or apparent authority is also taken to have been done or omitted\nto be done by the person.\n\n(5) However, subsection (4) does not apply if the person establishes that\nreasonable precautions were taken and appropriate diligence was\nexercised to avoid the act or omission.\n(6) A person who is convicted of an offence cannot be punished by\nimprisonment for the offence if the person would not have been\nconvicted of the offence without subsection (3) or (4).\n","sortOrder":172},{"sectionNumber":"163","sectionType":"section","heading":"Evidence—certificate signed by authorised person","content":"163 Evidence—certificate signed by authorised person\n(1) This section applies in relation to a proceeding for an offence against\n(2) A certificate that appears to be signed by an authorised person, and\nthat states any of the following matters, is evidence of the matters:\n(a) that dangerous goods described in transport documents carried\nin a vehicle are being carried in the vehicle;\n(b) that particular goods are dangerous goods or dangerous goods\nof a particular kind;\n(c) if markings or placards on or attached to a substance or\npackaging indicate that the substance is, or the packaging\ncontains, particular dangerous goods—that the substance is, or\nthe packaging contains, the dangerous goods;\n(d) if markings on, or attached to, a package indicates that the\npackage contains particular dangerous goods—that the package\ncontains the dangerous goods;\n(e) if markings or placards on or attached to a vehicle or equipment\nindicate that the vehicle or equipment is being used to transport\ndangerous goods—that the vehicle or equipment is being used\nto transport the dangerous goods;\n\n(f) if markings or placards on or attached to a substance or\npackaging indicate, in relation to the substance, the packaging\nor the contents of the packaging, a particular capacity, tare\nweight, origin, character, specification, ownership or date of\nmanufacture—that the substance, packaging or contents of the\npackaging has the capacity, tare weight, origin, character,\nspecification, ownership or date of manufacture;\n(g) if markings on, or attached to, a package indicates, in relation to\nthe contents of the package, a particular capacity, tare weight,\norigin, character, specification, ownership or date of\nmanufacture—that the contents of the package has the capacity,\ntare weight, origin, character, specification, ownership or date\nof manufacture;\n(h) if markings or placards on or attached to a vehicle or packaging\nindicate, in relation to the load of the vehicle or the contents of\nthe packaging, a particular quantity of dangerous goods—that\nthe vehicle or packaging contained the quantity of dangerous\n(i) that a person was not, at a particular time, accredited or the\nholder of a licence relating to dangerous goods.\n(3) A certificate mentioned in subsection (2) may state anything by\nreference to a date or period.\n","sortOrder":173},{"sectionNumber":"164","sectionType":"section","heading":"Evidence—certain documents signed by competent","content":"164 Evidence—certain documents signed by competent\nauthority\n(1) This section applies in relation to a proceeding for an offence against\n(2) A relevant document that appears to be signed by a competent\nauthority is evidence of the matters stated in it.\n\nrelevant document means any of the following documents:\n(a) a document about whether a person is exempt from certain\nrequirements under section 151 (Exemptions by competent\nauthorities—general);\n(b) a document relating to vehicles, equipment or other items\nrequired by regulation to be approved by the competent\nauthority;\n(c) a document relating to accreditation or licensing by the\ncompetent authority.\n","sortOrder":174},{"sectionNumber":"165","sectionType":"section","heading":"Evidence—mass of vehicle or packaging","content":"165 Evidence—mass of vehicle or packaging\n(1) This section applies to a record made by—\n(a) the operator of a weighbridge or weighing facility; or\n(b) an employee of the operator of the weighbridge or weighing\nfacility.\n(2) Evidence of a record made by a person mentioned in subsection (1)\nof the mass of a vehicle transporting dangerous goods or packaging\ncontaining dangerous goods weighed at the weighbridge or weighing\nfacility is admissible in a proceeding under this Act and is evidence\nof the mass of the vehicle or packaging at the time it was weighed.\n","sortOrder":175},{"sectionNumber":"166","sectionType":"section","heading":"Proof of appointments and signatures unnecessary","content":"166 Proof of appointments and signatures unnecessary\n(1) For this Act, it is not necessary to prove the appointment of an\n(2) For this Act, a signature purporting to be the signature of an\nauthorised person is evidence of the signature it purports to be.\n\n","sortOrder":176},{"sectionNumber":"167","sectionType":"section","heading":"Evidence—transport documentation","content":"167 Evidence—transport documentation\n(1) Transport documentation is admissible in a proceeding under this Act\nand is evidence of—\n(a) the identity and status of the parties to the transaction to which\nthe documentation relates; and\n(b) the destination or intended destination of the load to which the\ndocumentation relates.\nstatus, of a party to a transaction, includes the party’s status in relation\nto the party’s involvement in the transport of dangerous goods.\n","sortOrder":177},{"sectionNumber":"168","sectionType":"section","heading":"Use of codes of practice etc in proceedings","content":"168 Use of codes of practice etc in proceedings\n(a) it is alleged in a criminal proceeding against a person that the\nperson contravened a provision of this Act; and\n(b) a relevant document states a way to comply with the provision\nor a requirement of the provision; and\n(c) either—\n(i) the relevant document is on the ACT legislation register;\nor\n(ii) copies of the relevant document are readily available for\npurchase or inspection in the ACT.\n(2) The relevant document is admissible in the proceeding.\n(3) Also, the person is taken to have complied with the provision or\nrequirement if the court is satisfied that, at the relevant time, the\nperson acted in accordance with the relevant document.\n\nACT legislation register—see the Legislation Act, section 18.\nrelevant document means a code of practice, guideline or other\ndocument approved by the Ministerial Council to give practical\nguidance to people involved in the transport of dangerous goods.\n\n","sortOrder":178},{"sectionNumber":"Part 4","sectionType":"part","heading":"Notification and review of","content":"Chapter 4 Notification and review of\ndecisions\n","sortOrder":179},{"sectionNumber":"169","sectionType":"section","heading":"Definitions—ch 4","content":"169 Definitions—ch 4\nIn this chapter:\ndecision-maker means an authorised person or a competent authority.\ninternally reviewable decision means a decision prescribed by\nregulation.\ninternal reviewer—see section 173.\nreviewable decision means—\n(a) an internal reviewer’s decision in relation to an internally\nreviewable decision; or\n(b) a decision-maker’s decision (other than an internally reviewable\ndecision) prescribed by regulation.\n","sortOrder":180},{"sectionNumber":"170","sectionType":"section","heading":"Internal review notices","content":"170 Internal review notices\nIf a decision-maker makes an internally reviewable decision, the\ndecision-maker must give an internal review notice to each entity\nprescribed by regulation in relation to the decision.\nNote 1 Internal review notice—see the ACT Civil and Administrative Tribunal\nAct 2008, s 67B (1).\nNote 2 The decision-maker must also take reasonable steps to give an internal\nreview notice to any other person whose interests are affected by the\ndecision (see ACT Civil and Administrative Tribunal Act 2008, s 67B).\n\nNotification and review of decisions Chapter 4\n","sortOrder":181},{"sectionNumber":"171","sectionType":"section","heading":"Applications for internal review","content":"171 Applications for internal review\n(1) The following may apply to a competent authority for review of an\ninternally reviewable decision made by the authority or an authorised\nperson appointed by the authority:\n(a) if an entity is prescribed by regulation in relation to the\ndecision—the entity;\n(b) any other person whose interests are affected by the decision.\n(2) The following may apply to the chief police officer for review of an\ninternally reviewable decision made by a police officer:\n(a) if an entity is prescribed by regulation in relation to the\ndecision—the entity;\n(b) any other person whose interests are affected by the decision.\n(3) The application must—\n(a) be in writing; and\n(b) state the applicant’s name and address; and\n(c) set out the applicant’s reasons for making the application.\n(4) The application must be given to the competent authority or chief\npolice officer within—\n(a) 28 days after the day the applicant is given the internal review\n(b) any longer period allowed by the authority or chief police officer\nbefore or after the end of the 28-day period.\n","sortOrder":182},{"sectionNumber":"172","sectionType":"section","heading":"Applications not stay internally reviewable decisions","content":"172 Applications not stay internally reviewable decisions\nThe making of an application for review of an internally reviewable\ndecision does not affect the operation of the decision.\n\n","sortOrder":183},{"sectionNumber":"173","sectionType":"section","heading":"Internal reviewer","content":"173 Internal reviewer\nThe competent authority or chief police officer must arrange for a\nperson who did not make the internally reviewable decision\n(the internal reviewer) to review the decision.\n","sortOrder":184},{"sectionNumber":"174","sectionType":"section","heading":"Review by internal reviewer","content":"174 Review by internal reviewer\n(1) The internal reviewer for an internally reviewable decision must\nreview the decision within 28 days (the 28-day period) after the day\nthe decision-maker receives the application for review of the\ninternally reviewable decision.\n(2) The internal reviewer must—\n(a) confirm the decision; or\n(b) vary the decision; or\n(c) set aside the decision and substitute the reviewer’s own decision.\n(3) If the decision is not varied or set aside within the 28-day period, the\ndecision is taken to have been confirmed by the internal reviewer.\n","sortOrder":185},{"sectionNumber":"175","sectionType":"section","heading":"Reviewable decision notices","content":"175 Reviewable decision notices\nIf an internal reviewer or decision-maker makes a reviewable\ndecision, the reviewer or decision-maker must give a reviewable\ndecision notice to each entity prescribed by regulation in relation to\nthe decision.\nNote The internal reviewer or decision-maker must also take reasonable steps\nto give a reviewable decision notice to any other person whose interests\nare affected by the decision (see ACT Civil and Administrative Tribunal\nAct 2008, s 67A).\n\nNotification and review of decisions Chapter 4\n","sortOrder":186},{"sectionNumber":"176","sectionType":"section","heading":"Applications for review","content":"176 Applications for review\nThe following may apply to the ACAT for review of a reviewable\ndecision:\n(a) for an internal reviewer’s decision in relation to an internally\nreviewable decision—an entity to whom an internal review\nnotice is required to be given in relation to the decision;\n(b) an entity prescribed by regulation in relation to the decision;\n(c) any other person whose interests are affected by the decision.\n\n","sortOrder":187},{"sectionNumber":"177","sectionType":"section","heading":"Definitions—pt 5.1","content":"177 Definitions—pt 5.1\ndivulge includes communicate.\nprotected information means information about a person that is\ndisclosed to, or obtained by, a relevant person because of the exercise\nof a function under this Act by the person or someone else.\nrelevant person means a person who—\n(a) is or has been—\n(i) a delegate of a competent authority; or\n(ii) a person employed by, or engaged to provide services to or\non behalf of, a competent authority; or\n(iii) a person employed by, or engaged to provide services to, a\nperson or body engaged to provide services to a competent\nauthority; or\n(b) exercises, or has exercised, a function under this Act.\n","sortOrder":188},{"sectionNumber":"178","sectionType":"section","heading":"Secrecy","content":"178 Secrecy\n(1) In this section:\ncourt includes a tribunal, authority or person having power to require\nthe production of documents or the answering of questions.\n\nSecrecy and information sharing Part 5.1\nformal warning—see section 116 (2).\ninformation sharing guidelines—see section 179.\nproduce includes allow access to.\n(2) A relevant person commits an offence if—\n(a) the person—\n(i) makes a record of protected information about someone\n(ii) is reckless about whether the information is protected\ninformation about someone else; or\n(i) does something that divulges protected information about\nsomeone else; and\n(ii) is reckless about whether—\n(A) the information is protected information about\nsomeone else; and\n(B) doing the thing would result in the information being\ndivulged to someone else.\n(3) Subsection (2) does not apply to the divulging of protected\ninformation about someone with the person’s consent.\n(4) Subsection (2) does not apply if the record is made, or the information\nis divulged—\n(a) under this Act or another law in force in the ACT; or\n\n(b) in relation to the exercise of a function, as a relevant person,\nunder this Act or another law in force in the ACT; or\n(c) in relation to the administration of this Act; or\n(d) to a competent authority, a corresponding competent authority\nor an authorised person; or\n(e) to a police officer or a member (however described) of the police\nforce or police service of another jurisdiction; or\n(f) to a public authority of any jurisdiction prescribed by regulation;\nor\n(g) to a public authority of any jurisdiction for law enforcement\npurposes; or\n(h) to a court or in relation to any legal proceeding; or\n(i) in accordance with the information sharing guidelines.\n(5) A relevant person need not divulge protected information to a court,\nor produce a document containing protected information to a court,\nunless it is necessary to do so for this Act or another law in force in\nthe ACT.\n(6) This section does not prevent information from being used—\n(a) to assist a person in deciding whether to withdraw a formal\nwarning for any offence; or\n(b) to allow a competent authority to accumulate aggregated data\nand to allow the authority to authorise use of the aggregated data\nfor research or education.\n\nSecrecy and information sharing Part 5.1\n","sortOrder":189},{"sectionNumber":"179","sectionType":"section","heading":"Information sharing guidelines","content":"179 Information sharing guidelines\n(1) The Minister may make guidelines (information sharing guidelines)\nabout—\n(a) making records of protected information; and\n(b) divulging protected information.\n(2) A guideline is a disallowable instrument.\n","sortOrder":190},{"sectionNumber":"180","sectionType":"section","heading":"Offence—information not to be used for other purposes","content":"180 Offence—information not to be used for other purposes\n(a) the person—\n(i) makes a record of protected information about someone\nelse; or\n(ii) divulges protected information about someone else; and\n(b) the record is made, or information divulged, in accordance with\nan exception under section 178 (Secrecy); and\n(c) the record is made, or information divulged, for a particular\npurpose; and\n(d) the person uses the record or information for another purpose.\n","sortOrder":191},{"sectionNumber":"181","sectionType":"section","heading":"Competent authority may give seized records etc to","content":"181 Competent authority may give seized records etc to\npublic authorities\n(1) This section applies if a record, device or other thing is seized, or\ninformation is obtained, under the following:\n• division 3.2.3 (Other powers in relation to pt 3.2 vehicles);\n• part 3.3 (Directions to give name, records and other things);\n• part 3.5 (Enforcement).\n\n(2) A competent authority may, for law enforcement purposes, give the\nrecord, device, thing or information to a public authority (including a\npublic authority of another jurisdiction).\n\nIndemnities Part 5.2\n","sortOrder":192},{"sectionNumber":"182","sectionType":"section","heading":"Protection from liability","content":"182 Protection from liability\n(1) An official is not civilly liable for conduct engaged in honestly and\nwithout recklessness—\n(a) in the exercise of a function under this Act; or\n(b) in the reasonable belief that the conduct was in the exercise of a\nfunction under this Act.\n(2) Any civil liability that would, apart from this section, attach to the\nofficial attaches instead to the Territory.\nconduct means an act or omission to do an act.\nofficial means—\n(a) an authorised person; or\n(b) a person authorised under this Act by an authorised person to do\nor not to do a thing.\n","sortOrder":193},{"sectionNumber":"183","sectionType":"section","heading":"Indemnity not affected by certain matters","content":"183 Indemnity not affected by certain matters\n(1) An indemnity under this part is not affected only because a vehicle\nwas in fact not carrying dangerous goods or goods too dangerous to\nbe transported.\n(2) An indemnity under this part is not affected only because goods were\nnot in fact dangerous goods or goods too dangerous to be transported.\n\n","sortOrder":194},{"sectionNumber":"184","sectionType":"section","heading":"Other indemnities not affected","content":"184 Other indemnities not affected\nThis part does not affect any other indemnity under another law, if\nthe other indemnity is not inconsistent with an indemnity under this\npart.\n\n","sortOrder":195},{"sectionNumber":"Part 5","sectionType":"part","heading":"3 Victimisation of people for","content":"Part 5.3 Victimisation of people for\nreporting breaches and assisting\nwith investigations\n","sortOrder":196},{"sectionNumber":"185","sectionType":"section","heading":"Definitions—pt 5.3","content":"185 Definitions—pt 5.3\ncontractor means an individual who works under a contract for\nservices.\nemployee includes contractor.\nNote Employee—see the dictionary.\nemployment order—see section 189.\npublic agency means—\n(a) a competent authority or a corresponding authority; or\n(b) an authorised person or authorised person (however described)\nappointed under a corresponding law; or\n(c) a police officer or member (however described) of the police\nforce or police service of another jurisdiction.\n","sortOrder":197},{"sectionNumber":"186","sectionType":"section","heading":"Offence—victimisation of employees for reporting","content":"186 Offence—victimisation of employees for reporting\nbreaches or assisting with investigations\n(a) the person is an employer of another person (the employee); and\n(i) dismisses the employee; or\n(ii) injures the employee during the employment; or\n\nPart 5.3 Victimisation of people for reporting breaches and assisting with\n(iii) alters an employee’s position to the employee’s detriment;\nand\n(c) the person acts under paragraph (b) because the employee—\n(i) complained about a breach, or alleged breach, of this Act\nor a corresponding law to—\n(A) the employer; or\n(B) another employee; or\n(C) a trade union; or\n(D) a public agency; or\n(ii) assisted or gave information to a public agency in relation\nto a breach, or alleged breach, of this Act or a\n(2) It is a defence to a prosecution for an offence against this section if\nthe defendant proves that the defendant acted for a reason other than\na reason mentioned in subsection (1) (c).\ns (2) (see Criminal Code, s 59).\n","sortOrder":198},{"sectionNumber":"187","sectionType":"section","heading":"Offence—victimisation of prospective employees for","content":"187 Offence—victimisation of prospective employees for\nreporting breaches or assisting with investigations\n(a) the person is an employer, or prospective employer, of another\nperson (the prospective employee); and\n\n(i) refuses or deliberately omits to offer employment to the\nprospective employee; or\n(ii) treats the prospective employee less favourably than\nanother prospective employee would be treated in relation\nto the terms on which employment is offered; and\n(c) the person acts under paragraph (b) because the prospective\nemployee—\n(i) complained about a breach, or alleged breach, of this Act\nor a corresponding law to—\n(A) a former employer; or\n(B) another employee of a former employer; or\n(C) a trade union; or\n(D) a public agency; or\n(ii) assisted or gave information to a public agency in relation\nto a breach, or alleged breach, of this Act or a\n(2) It is a defence to a prosecution for an offence against this section if\nthe defendant proves that the defendant acted for a reason other than\na reason mentioned in subsection (1) (c).\ns (2) (see Criminal Code, s 59).\n\nPart 5.3 Victimisation of people for reporting breaches and assisting with\n","sortOrder":199},{"sectionNumber":"188","sectionType":"section","heading":"Victimisation offences—order for compensation","content":"188 Victimisation offences—order for compensation\n(1) This section applies if a person is convicted or found guilty of an\noffence against section 186 (Offence—victimisation of employees\nfor reporting breaches or assisting with investigations) or section 187\n(Offence—victimisation of prospective employees for reporting\nbreaches or assisting with investigations).\n(2) The court may, in addition to imposing a penalty on the person, make\nan order that the person pay, within a stated period to the employee,\nor prospective employee, the damages that the court considers\nappropriate for compensation.\n(3) The maximum amount of damages must not be more than the amount\nof the court’s jurisdictional limit in a civil proceeding.\n(4) An order for payment of damages is enforceable as if the order were\na judgment of the court in a civil proceeding.\n(5) To remove any doubt, the court may also make an employment order\nin relation to the employee or prospective employee.\n","sortOrder":200},{"sectionNumber":"189","sectionType":"section","heading":"Victimisation offences—order for re-employment etc","content":"189 Victimisation offences—order for re-employment etc\n(1) This section applies if a person is convicted or found guilty of an\noffence against section 186 (Offence—victimisation of employees\nfor reporting breaches or assisting with investigations) or section 187\n(Offence—victimisation of prospective employees for reporting\nbreaches or assisting with investigations).\n(2) The court may, in addition to imposing a penalty on the person, make\nan order (an employment order) that—\n(a) the employee be reinstated or re-employed in the employee’s\nformer position or, if the position is not available, in a similar\nposition; or\n(b) the prospective employee be employed in the position for which\nthe prospective employee had applied or, if the position is not\navailable, in a similar position.\n\n","sortOrder":201},{"sectionNumber":"190","sectionType":"section","heading":"Offence—fail to comply with employment order","content":"190 Offence—fail to comply with employment order\n(a) an employment order is made against the person; and\n\n","sortOrder":202},{"sectionNumber":"190A","sectionType":"section","heading":"Making false or misleading statements to authorised","content":"190A Making false or misleading statements to authorised\n(a) the person makes a statement (whether orally, in a document or\nin any other way); and\n(b) the statement is false or misleading; and\n(c) the person knows that the statement—\n(i) is false or misleading; or\n(ii) omits anything without which the statement is false or\n(d) the statement is made to an authorised person who is exercising\na function under this Act.\nMaximum penalty: 100 penalty units, imprisonment for 1 year or\n(2) Absolute liability applies to subsection (1) (d).\n(3) A person commits an offence if—\n(a) the person makes a statement (whether orally, in a document or\nin any other way); and\n(b) the statement is false or misleading; and\n(c) the person is reckless about whether the statement—\n(i) is false or misleading; or\n(ii) omits anything without which the statement is false or\n\n(d) the statement is made to an authorised person who is exercising\na function under this Act.\nNote If recklessness is a fault element for a physical element of an offence,\nproof of intention, knowledge or recklessness satisfies the fault element.\n(4) Absolute liability applies to subsection (3) (d).\n(5) Subsections (1) (b), (1) (c) (i), (3) (b) and (3) (c) (i) do not apply if\nthe statement is not false or misleading in a material particular.\n(6) Subsections (1) (b), (1) (c) (ii), (3) (b) and (3) (c) (ii) do not apply if\nthe omission does not make the statement false or misleading in a\nmaterial particular.\nNote A defendant has an evidential burden in relation to the matters mentioned\nin s (5) and s (6) (see Criminal Code, s 58).\n(7) In this section:\nauthorised person includes a person assisting the authorised person.\n","sortOrder":203},{"sectionNumber":"190B","sectionType":"section","heading":"Producing false or misleading records to authorised","content":"190B Producing false or misleading records to authorised\n(a) the person produces a record to an authorised person who is\nexercising a function under this Act; and\n(b) the record is false or misleading; and\n(c) the person knows that the record is false or misleading; and\n(d) the record is produced in compliance or purported compliance\nwith this Act.\nMaximum penalty: 100 penalty units, imprisonment for 1 year or\n\n(2) A person commits an offence if—\n(a) the person produces a record to an authorised person who is\nexercising a function under this Act; and\n(b) the record is false or misleading; and\n(c) the person is reckless about whether the record is false or\n(d) the record is produced in compliance or purported compliance\nwith this Act.\nNote If recklessness is a fault element for a physical element of an offence,\nproof of intention, knowledge or recklessness satisfies the fault element.\n(3) Subsections (1) (b) and (c) and (2) (b) and (c) do not apply if the\nrecord is not false or misleading in a material particular.\nNote A defendant has an evidential burden in relation to the matters mentioned\nin s (3) (see Criminal Code, s 58).\n(4) Subsections (1) and (2) do not apply to a person who produces a\nrecord if the record is accompanied by a signed statement—\n(a) stating that the record is, to the signing person’s knowledge,\nfalse or misleading in a material particular; and\n(b) setting out, or referring to, the material particular in which the\nrecord is, to the signing person’s knowledge, false or\nmisleading.\n(5) The statement under subsection (4) must be signed by—\n(a) the person; or\n(b) if the person who produces the record is a corporation—\na competent officer of the corporation.\n\nauthorised person includes a person assisting the authorised person.\n","sortOrder":204},{"sectionNumber":"191","sectionType":"section","heading":"Contracting out prohibited","content":"191 Contracting out prohibited\nA term of a contract or agreement that purports to exclude, limit or\nmodify the operation of this Act is void to the extent that it would\notherwise have that effect.\nNote 1 A reference to an Act includes a reference to the statutory instruments\nNote 2 A reference to an Act includes a reference to a provision of the Act\n(see Legislation Act, s 7 (3)).\n","sortOrder":205},{"sectionNumber":"191A","sectionType":"section","heading":"Recovery of costs of public authorities","content":"191A Recovery of costs of public authorities\n(1) This section applies to an incident relating to the transport of\ndangerous goods by road and that—\n(a) is wholly or partly constituted by or arises from—\n(i) the escape of dangerous goods; or\n(ii) an explosion or fire involving dangerous goods; or\n(b) involves the danger of the escape of dangerous goods or an\nexplosion or fire involving dangerous goods.\n(2) If a public authority incurs costs as a result of the incident occurring,\nso much of the costs as were reasonably incurred are recoverable as a\ndebt due to the authority by action in a court of competent\njurisdiction.\n(3) The costs are recoverable jointly or severally from the following\npeople:\n(a) the person who was the owner of the dangerous goods at the time\nof the incident;\n\n(b) the person who was in control or possession of the dangerous\ngoods at the time of the incident;\n(c) the person who caused the incident;\n(d) the person responsible, otherwise than as an employee, agent or\nsub-contractor of another person, for the transport of the\ndangerous goods by road.\n(4) Costs are not recoverable from a person who establishes that—\n(a) the incident was due to the act or default of someone else; and\n(b) the person could not, exercising reasonable care, have prevented\nthe incident; and\n(c) the incident was not attributable to an employee, agent or\nsub-contractor of the person.\n(5) The recovery of costs incurred by a public authority as a result of the\nincident occurring, including an award or judgment in relation to\nthose costs or expenses, does not preclude the recovery of costs\nincurred by another public authority as a result of the incident\noccurring.\n(6) This section does not affect a right to recover an amount in relation to\ncosts or expenses that exists apart from this section, however a public\nauthority is not entitled to recover, in relation to the same costs or\nexpenses, an amount under this section and an amount in a proceeding\nfounded on other rights.\n(7) In a proceeding under this section, a document that appears to be\nsigned by the head (however described) of the public authority, and\nthat states details of the costs reasonably incurred as a result of the\nincident occurring is, in the absence of evidence to the contrary,\nevidence of the matter.\n\n","sortOrder":206},{"sectionNumber":"192","sectionType":"section","heading":"Assistance in emergencies or accidents","content":"192 Assistance in emergencies or accidents\n(1) A helper does not incur personal civil liability for an act done or\nomission made honestly and without recklessness in assisting, or\nattempting to assist, in a situation in which an emergency or accident\ninvolving dangerous goods happens or is likely to happen.\n(2) Subsection (1) does not apply to a person whose act or omission\ncaused or partly caused the situation.\n(3) Subsection (1) applies to a public authority even if the authority\nrequires payment for a service provided in connection with the\nsituation.\n(4) This section does not apply to an authorised person.\nhelper means a person who acts without expectation of payment or\nother consideration.\n","sortOrder":207},{"sectionNumber":"193","sectionType":"section","heading":"Delegation by Minister—limitation","content":"193 Delegation by Minister—limitation\nThe Minister must not delegate the Ministers functions under the\nfollowing sections:\n• section 20 (1) (Competent authorities);\n• section 156 (Declaration by Minister—amend or suspend\nregulation’s operation).\nNote 1 The Legislation Act, s 254A provides that a Minister may delegate the\nMinister’s functions under an Act or statutory instrument to anyone else.\nNote 2 For the making of delegations and the exercise of delegated functions,\nsee the Legislation Act, pt 19.4.\n","sortOrder":208},{"sectionNumber":"194","sectionType":"section","heading":"Determination of fees","content":"194 Determination of fees\n(1) The Minister may determine fees for this Act.\n(2) A determination is a disallowable instrument.\n\n","sortOrder":209},{"sectionNumber":"196","sectionType":"section","heading":"Regulation-making power","content":"196 Regulation-making power\n(1) The Executive may make regulations for this Act.\n(2) A regulation may create offences and fix maximum penalties of not\nmore than 40 penalty units for the offences.\n","sortOrder":210},{"sectionNumber":"197","sectionType":"section","heading":"Regulations—certain specific matters","content":"197 Regulations—certain specific matters\nA regulation may deal with the following:\n(a) identifying and classifying goods as dangerous goods;\n(b) identifying and classifying dangerous goods;\n(c) identifying, classifying and regulating goods that are too\ndangerous to be transported (including prohibiting the transport\nof the goods);\n(d) the analysis and testing of dangerous goods;\n(e) the loading of dangerous goods for, and the unloading of\ndangerous goods after, transport;\n(f) procedures for the transport of dangerous goods, including—\n(i) the quantities and circumstances in which dangerous goods\nare to be transported; and\n(ii) safety procedures and equipment;\n(g) obligations arising, and procedures to be followed, in the event\nof a dangerous situation in relation to the transport of dangerous\n(h) the licensing of the following:\n(i) vehicles used in the transport of dangerous goods;\n(ii) drivers of vehicles used in the transport of dangerous\n\nRegulations Part 5.5\n(iii) other people involved in the transport of dangerous goods;\n(i) documents required to be prepared or kept by people involved\nin the transport of dangerous goods, and the approval by a\ncompetent authority of alternative documentation;\n(j) registers of approvals, exemptions and determinations.\n","sortOrder":211},{"sectionNumber":"198","sectionType":"section","heading":"Regulations—things used in the transport of dangerous","content":"198 Regulations—things used in the transport of dangerous\n(a) the marking and labelling of packages containing dangerous\ngoods for transport, and the placarding of vehicles and\npackaging on or in which dangerous goods are transported;\n(b) containers, vehicles, packaging, equipment and other things\nused in the transport of dangerous goods;\n(c) the manufacture of containers, vehicles, packaging, equipment\nand other things for use in the transport of dangerous goods.\n","sortOrder":212},{"sectionNumber":"199","sectionType":"section","heading":"Regulations—competent and corresponding authorities","content":"199 Regulations—competent and corresponding authorities\netc\n(a) the making of determinations by a competent authority in\nrelation to the following:\n(i) identifying and classifying goods as dangerous goods;\n(ii) identifying and classifying dangerous goods;\n(iii) what is, and what is not, compatible with dangerous goods\nfor transport purposes;\n(iv) prohibiting or regulating the transport of dangerous goods\nby road;\n\n(v) regulating the containment of dangerous goods that are\nbeing, or that are to be, transported by road;\n(vi) routes along which, the areas where and the times when\ndangerous goods may, must or must not be transported;\n(b) the approval by a competent authority of—\n(i) containers, vehicles, packaging, equipment and other\nthings used in relation to the transport of dangerous goods;\nand\n(ii) facilities for, and methods of, testing or using containers,\nvehicles, packaging, equipment and other things used in\nrelation to the transport of dangerous goods; and\n(iii) processes carried out in relation to the transport of\ndangerous goods;\n(c) the approval by a competent authority of the form in which\napplications are to be made to the authority and the form in\nwhich documents are to be issued by the authority, for a\nregulation;\n(d) applications for, and consideration of applications for,\nexemptions;\n(e) the recognition of laws of other jurisdictions relating to the\ntransport of dangerous goods and of things done under the laws,\nand the giving effect to the things;\n(f) the recognition of a body, consisting of a competent authority\nand corresponding authorities, to make decisions, and provide\noversight on decisions made, under this Act for the purposes of\nnational uniformity, and other matters in relation to the body,\nincluding the recognition of decisions made by the body;\n\nRegulations Part 5.5\n(g) the passing of information on people relevant to licensing or\ncompliance and enforcement matters to corresponding\nauthorities and other authorities involved in the enforcement of\nroad laws.\n","sortOrder":213},{"sectionNumber":"200","sectionType":"section","heading":"Regulations—accreditation and training etc","content":"200 Regulations—accreditation and training etc\n(a) voluntary accreditation schemes, including privileges to be\ngiven or penalties to be imposed under the schemes, and the\ncancellation or suspension of the schemes;\n(b) the mandatory accreditation of people involved in the transport\nof dangerous goods;\n(c) the training and qualifications required of authorised people and\nother people exercising functions under this Act;\n(d) the training and qualifications required of people involved in,\nand the approval of training courses and qualifications relating\nto involvement in, the transport of dangerous goods;\n(e) the recognition of accredited providers of training, package\ntesting, design verification and other similar activities;\n(f) requiring people involved in the transport of dangerous goods to\nhold insurance, or some other form of indemnity, in relation to\nthe transport.\n\n","sortOrder":214},{"sectionNumber":"201","sectionType":"section","heading":"Regulations—stated entities","content":"201 Regulations—stated entities\nA regulation may also—\n(a) require a matter affected by the regulation to be approved by or\nto the satisfaction of a stated entity; or\n(b) give a discretion to, or impose a duty on, a stated entity.\n","sortOrder":215},{"sectionNumber":"202","sectionType":"section","heading":"Regulations—application etc of laws of other","content":"202 Regulations—application etc of laws of other\njurisdictions and instruments\n(1) A regulation may apply, adopt or incorporate a law of another\njurisdiction or an instrument, as in force at a particular time or from\ntime to time.\nExamples—instruments\n1 a code, standard or rule about dangerous goods\n2 a code, standard or rule about the transport of dangerous goods\nNote 1 The text of an applied, adopted or incorporated law or instrument,\nwhether applied as in force from time to time or at a particular time, is\ntaken to be a notifiable instrument if the operation of the Legislation Act,\ns 47 (5) or (6) is not disapplied (see s 47 (7)).\nNote 2 A reference to an instrument includes a reference to a provision of an\ninstrument (see Legislation Act, s 14 (2)).\nlaw of another jurisdiction—see the Legislation Act, section 47 (10).\n\n(see s 3)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nNote 2 For example, the Legislation Act, dict, pt 1, defines the following terms:\n• Corporations Act\n• exercise (a function)\n• external territory\n• function\n• infringement notice\n• internal territory\n• public employee\n• State\n• territory law\n• the Territory\n• working day.\naction, for division 3.6.2 (Formal warnings)—see section 115.\nanother jurisdiction means the Commonwealth, a State, an external\nterritory or internal territory (other than the Territory).\nappointing competent authority—see section 23 (2).\nassociate, for part 3.8 (General court-based penalties)—\nsee section 127.\nat premises, for part 3.5 (Enforcement)—see section 68.\nauthorised, to drive a vehicle or run its engine—see section 17.\nauthorised person—see section 23 (1).\nbroken-down vehicle or trailer—see section 19.\ncombination means a vehicle consisting of a motor vehicle and 1 or\nmore trailers.\ncommercial benefits penalty order—see section 129 (1).\n\ncompensation order, for part 3.9 (Compensation orders)—\nsee section 141.\ncompetent authority means a competent authority declared under\nsection 20.\ncompliance purposes—see section 9.\nconnected, with an offence, for part 3.5 (Enforcement)—\nsee section 68.\nconsignor—see section 10.\nconsigns—see section 10.\ncontractor, for part 5.3 (Victimisation of people for reporting\nbreaches and assisting with investigations)—see section 185.\ncorresponding authority means a competent authority under a\ncorresponding law means—\n(a) a law of another jurisdiction corresponding, or substantially\ncorresponding, to this Act; or\n(b) a law of another jurisdiction that is declared by regulation to be\na corresponding law.\ndangerous activity, for part 3.7 (Prohibition notices)—\nsee section 118.\ndangerous goods means—\n(a) a substance or article prescribed by regulation as dangerous\ngoods; or\n(b) a substance or article determined by a competent authority in\naccordance with a regulation to be dangerous goods.\ndangerous situation means a situation that is causing or likely to\ncause imminent risk of death or serious injury to a person, significant\nharm to the environment or significant damage to property.\n\ndecision-maker, for chapter 4 (Notification and review of\ndecisions)—see section 169.\ndivulge, for part 5.1 (Secrecy and information sharing)—\nsee section 177.\ndriver of a vehicle includes—\n(a) a two-up driver of the vehicle who is present in or near the\n(b) a person who is driving the vehicle as a driver under instruction\nor under an appropriate learner licence or learner permit; and\n(c) if the vehicle is a trailer—the driver of the vehicle towing the\ntrailer.\ndriver licence means a licence (including a probationary and\nconditional licence) issued under a law of the ACT or a State\nauthorising the licensee to drive a vehicle, but does not include—\n(a) a licence issued under this Act; or\n(b) a provisional or learner licence.\nNote State includes the Northern Territory (see Legislation Act, dict, pt 1,\ndef State).\ndue date and time, for an improvement notice, for part 3.6 (General\nadministrative penalties)—see section 108.\nemployee—\n(a) means an individual who works under a contract of employment,\napprenticeship or training; and\n(b) for part 5.3 (Victimisation of people for reporting breaches and\nassisting with investigations)—see section 185.\nemployer means a person who employs someone else under—\n(a) a contract of employment, apprenticeship or training; or\n(b) a contract for services.\n\nemployment order, for part 5.3 (Victimisation of people for reporting\nbreaches and assisting with investigations)—see section 189.\nexclusion order—see section 137 (2).\nexemption—see section 150.\nfit, to drive a vehicle or run its engine—see section 16.\nformal warning, for division 3.6.2 (Formal warnings)—\nsee section 116 (2).\ngoods too dangerous to be transported means—\n(a) a substance or article prescribed by regulation as goods too\ndangerous to be transported; or\n(b) a substance or article determined by a competent authority, in\naccordance with a regulation, to be goods too dangerous to be\ntransported.\nhome address, of a person, means the address of the place where the\nperson usually lives.\nimprovement notice—see section 109.\nin a vehicle includes on the vehicle.\nintelligent transport system means a system involving the use of\nelectronic or other technology (whether located in a vehicle, or on or\nnear a road, or elsewhere) that has the capacity and capability to\nmonitor, collect, store, display, analyse, transmit or report\ninformation relating to—\n(a) a vehicle or its equipment or load, the driver of a vehicle, the\noperator of a fleet of vehicles or someone else involved in road\ntransport; and\n(b) without limiting paragraph (a), whether a vehicle is being\noperated in accordance with this Act.\n\ninternally reviewable decision, for chapter 4 (Notification and review\nof decisions)—see section 169.\ninternal reviewer, for chapter 4 (Notification and review of\ndecisions)—see section 173.\ninternal review notice—see the ACT Civil and Administrative\nTribunal Act 2008, section 67B (1).\ninvolvement in the transport of dangerous goods includes—\n(a) importing, or arranging for the importation of, dangerous goods\ninto Australia; and\n(b) packing dangerous goods for transport; and\n(c) marking or labelling packages containing dangerous goods for\ntransport, and placarding vehicles and packaging on or in which\ndangerous goods are transported; and\n(d) consigning dangerous goods for transport including the\npreparation of transport documentation; and\n(e) loading dangerous goods for transport or unloading dangerous\ngoods that have been transported; and\n(f) undertaking, or being responsible for, otherwise than as an\nemployee or sub-contractor, the transport of dangerous goods;\nand\n(g) driving a vehicle carrying dangerous goods by; and\n(h) being the consignee of dangerous goods transported; and\n(i) being involved as a director, secretary or manager of a\ncorporation, or other person who takes part in the management\nof a corporation, that takes part in an activity covered by this\ndefinition.\njurisdiction means the Commonwealth, a State, an external territory\nor internal territory.\nlight rail—see the Road Transport (General) Act 1999, dictionary.\n\nloader, of goods for transport—see section 13.\nloads, goods for transport—see section 13.\nMinisterial Council means a body (however described) that consists\nof the Minister of the Commonwealth, and the Minister of each State\nand Territory, who is responsible, or principally responsible, for\nmatters relating to transport.\nmotor vehicle—see the Road Transport (General) Act 1999,\ndictionary.\noccupier, of premises or a vehicle, for part 3.5 (Enforcement)—see\nsection 68.\noffence, for part 3.5 (Enforcement)—see section 68.\noffender—\n(a) for division 3.6.1 (Improvements notices)—see section 109; and\n(b) for division 3.6.2 (Formal warnings)—see section 116; and\n(c) for part 3.9 (Compensation orders)—see section 142.\noperator, of a vehicle—see section 14.\nowner, of a vehicle, means a person who—\n(a) is the sole or joint owner or part owner of the vehicle; or\n(b) has possession or use of the vehicle under a credit,\nhire-purchase, lease or other agreement, other than an agreement\nrequiring the vehicle to be registered in the name of someone\nelse.\npackage, in relation to goods, is the complete product of the packing\nof the goods for transport, and consists of the goods and their\npackaging.\npackaging, in relation to goods—see section 11.\npacker, of goods for transport—see section 12.\npacks, goods for transport—see section 12.\n\npart 3.2 vehicle—see section 38.\nplacard means a label or emergency information panel that is\nrequired by regulation to be used in transporting dangerous goods.\nplacard load means a load of dangerous goods that must be placarded\nunder a regulation.\npremises includes a structure, whether permanent or temporary, and\nland, but does not include a vehicle.\nprime contractor, in relation to the transport of dangerous goods by\nroad, means the person who, in conducting a business for or involving\nthe transport of dangerous goods by road, has undertaken to be\nresponsible for, or is responsible for, the transport of the goods by\nroad.\nprohibition notice—see section 119.\nprotected information, for part 5.1 (Secrecy and information\nsharing)—see section 177.\npublic agency, for part 5.3 (Victimisation of people for reporting\nbreaches and assisting with investigations)—see section 185.\npublic authority means—\n(a) an Australian government in any capacity; or\n(b) a body established under a law, or the holder of an office\nestablished under a law, for a public purpose, including a local\ngovernment authority; or\n(c) a police force or police service.\nqualified, to drive a vehicle or run its engine—see section 15.\nreciprocal powers agreement—see section 26.\nrecovery of costs order, for part 3.9 (Compensation orders)—\nsee section 146A (2).\n\nregistered operator, of a vehicle, means—\n(a) for a vehicle registered under the Road Transport (Vehicle\nRegistration) Act 1999—a person recorded in the registrable\nvehicles register kept under that Act as a registered operator of\nthe vehicle; or\n(b) for a vehicle registered under the law of another jurisdiction—a\nperson recorded in the register of the other jurisdiction\ncorresponding to the registrable vehicles register as a registered\noperator (however described) of the vehicle.\nrelevant person, for part 5.1 (Secrecy and information sharing)—\nsee section 177.\nresponsible person—\n(a) for this Act generally—for an authorised person, means—\n(i) for an authorised person other than a police officer—\nthe appointing competent authority; or\n(ii) for a police officer—a senior police officer; and\n(b) for division 3.5.6 (Dealing with seized things)—see section 96.\nreviewable decision, for chapter 4 (Notification and review of\ndecisions)—see section 169.\nroad—see the Road Transport (General) Act 1999, dictionary.\nroad infrastructure—\n(a) includes—\n(i) a road, or road related area, including its surface or\npavement; and\n(ii) anything under or supporting a road, or road related area,\nor its surface or pavement and maintained by the Territory\nor Commonwealth; and\n\n(iii) any bridge, tunnel, causeway, ford or other work or\nstructure forming part of a road system, or road related area\nsystem, or supporting a road or road related area; and\n(iv) any bridge or other work or structure located above, in or\non a road or road related area and maintained by the\nTerritory or Commonwealth; and\n(v) any traffic control devices, railway (including light rail) or\ntramway equipment, electricity equipment, emergency\ntelephone systems or any other facilities (whether of the\nsame or a different kind) in, on, over, under or connected\nwith anything mentioned in subparagraphs (i) to (iv); and\n(vi) anything else prescribed by regulation as road\ninfrastructure; but\n(b) does not include anything prescribed by regulation as not road\ninfrastructure.\nroad related area—see the Road Transport (General) Act 1999,\ndictionary.\nroads compensation order, for part 3.9 (Compensation orders)—\nsee section 142.\nroad transport legislation—see the Road Transport (General)\nAct 1999, section 6.\nsenior police officer means the chief police officer or another police\nofficer of or above the rank of superintendent.\nsupervisory intervention order—see section 133 (2).\ntank vehicle means a vehicle—\n(a) of which a tank forms part; or\n(b) to which a tank (other than a portable tank) is attached.\ntrailer—see the Road Transport (General) Act 1999, dictionary.\n\ntransport, in relation to dangerous goods, includes—\n(a) the packing, loading and unloading of the goods, and the transfer\nof the goods to or from a vehicle, for the purpose of their\ntransport; and\n(b) the marking or labelling of packages containing dangerous\ngoods, and the placarding of vehicles and packaging on or in\nwhich dangerous goods are transported; and\n(c) other matters incidental to their transport.\ntransport documentation means documentation required by\nregulation for the transport of dangerous goods.\ntwo-up driver means a person accompanying a driver of a vehicle on\na journey or part of a journey, who has been, is or will be sharing the\ntask of driving the vehicle during the journey.\nunattended—see section 18.\nvehicle—see the Road Transport (General) Act 1999, dictionary.\nwarrant, for part 3.5 (Enforcement)—see section 68.\n\nAbout the endnotes 1\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n","sortOrder":216},{"sectionNumber":"2","sectionType":"section","heading":"Abbreviation key","content":"2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\n3 Legislation history\n3 Legislation history\nDangerous Goods (Road Transport) Act 2009 A2009-34\nnotified LR 28 September 2009\ns 1, s 2 commenced 28 September 2009 (LA s 75 (1))\nremainder commenced 2 April 2010 (s 2, CN2010-5 and LA s 77 (3))\nas amended by\nStatute Law Amendment Act 2011 (No 3) A2011-52 sch 3 pt 3.17\nnotified LR 28 November 2011\ns 1, s 2 commenced 28 November 2011 (LA s 75 (1))\nsch 3 pt 3.17 commenced 12 December 2011 (s 2)\nMarriage Equality (Same Sex) Act 2013 A2013-39 sch 2 pt 2.8\nnotified LR 4 November 2013\ns 1, s 2 commenced 4 November 2013 (LA s 75 (1))\nsch 2 pt 2.8 commenced 7 November 2013 (s 2 and CN2013-11)\nNote The High Court held this Act to be of no effect (see\nCommonwealth v Australian Capital Territory [2013] HCA 55)\nJustice and Community Safety Legislation Amendment Act 2017\n(No 2) A2017-14 pt 5\nnotified LR 17 May 2017\ns 1, s 2 commenced 17 May 2017 (LA s 75 (1))\npt 5 commenced 30 April 2018 (s 2 (2) (a) and see Road Transport\n(Road Rules) Regulation 2017 SL2017-43 s 2)\nRoad Transport Reform (Light Rail) Legislation Amendment Act 2017\nA2017-21 sch 1 pt 1.6\nnotified LR 8 August 2017\ns 1, s 2 commenced 8 August 2017 (LA s 75 (1))\nsch 1 pt 1.6 commenced 15 August 2017 (s 2)\nWork Health and Safety Legislation Amendment Act 2018 A2018-8\nsch 1 pt 1.1\nnotified LR 5 March 2018\ns 1, s 2 commenced 5 March 2018 (LA s 75 (1))\nsch 1 pt 1.1 commenced 29 March 2018 (s 2)\n\nLegislation history 3\nRed Tape Reduction Legislation Amendment Act 2018 A2018-33\nsch 1 pt 1.8\nnotified LR 25 September 2018\ns 1, s 2 commenced 25 September 2018 (LA s 75 (1))\nsch 1 pt 1.8 commenced 23 October 2018 (s 2 (4))\nEmployment and Workplace Safety Legislation Amendment Act 2020\nA2020 30 pt 2\nnotified LR 9 July 2020\ns 1, s 2 commenced 9 July 2020 (LA s 75 (1))\npt 2 commenced 9 July 2021 (s 2 (4))\nCOAG Legislation Amendment Act 2025 A2025-1 pt 2\nnotified LR 20 February 2025\ns 1, s 2 commenced 20 February 2025 (LA s 75 (1))\npt 2 commenced 27 February 2025 (s 2)\nStatute Law Amendment Act 2025 A2025-29 sch 4 pt 4.51\nnotified LR 6 November 2025\ns 1, s 2 commenced 6 November 2025 (LA s 75 (1))\nsch 4 pt 4.51 commenced 16 December 2025 (s 2 (6))\n\nCommencement\ns 2 om LA s 89 (4)\nInconsistency with other laws\ns 8 am A2018-8 amdt 1.1\nMeaning of consigns and consignor\ns 10 am A2020-30 s 4\nMeaning of fit to drive vehicle or run engine\ns 16 am A2020-30 s 5, s 6\nMeaning of unattended vehicle\ns 18 am A2020-30 s 7\nCompetent authorities\ns 20 am A2025-29 amdt 4.51\nProduction of identity cards\ns 25 am A2020-30 s 8, s 9\nImpersonating authorised person\ns 25A ins A2020-30 s 10\nObstructing or hindering authorised person\ns 25B ins A2020-30 s 10\nReciprocal powers agreements\ns 26 am A2025-29 amdt 4.51\nOffence—s 33 conduct causing death or serious injury\ns 34 am A2020-30 s 11\nApplication—pt 3.2\ns 38 am A2020-30 s 12\nDirection to stop pt 3.2 vehicle\ns 39 am A2020-30 s 13\nDirection to produce record, device or other thing\ns 59 am A2020-30 s 14\nPower to enter premises and vehicles\ns 72 am A2020-30 ss 15-17; ss renum R9 LA\nConsent to entry\ns 74 am A2020-30 s 18\nGeneral powers on entry to premises and vehicles\ns 75 am A2020-30 ss 19-22; ss, pars renum R9 LA\nUse of equipment to examine and process things\ns 79 am A2020-30 s 23; ss renum R9 LA\n\nAmendment history 4\nPower to destroy unsafe thing\ns 84 am A2011-52 amdt 3.64\nWarrants generally\ns 89 am A2020-30 s 24, s 25\nWarrants—issue on application made other than in person\ns 91 am A2018-33 amdts 1.14-1.16\nCost of disposal of forfeited thing\ns 103 am A2011-52 amdt 3.65\nMeaning of associate—pt 3.8\ns 127 am A2013-39 amdt 2.15 (A2013-39 never effective (see\nCommonwealth v Australian Capital Territory [2013]\nHCA 55))\nProceedings for offences\ndiv 3.8.1A hdg ins A2020-30 s 26\nProceedings for offences\ns 127A ins A2020-30 s 26\nProceedings may be brought by authorised person\ns 127B ins A2020-30 s 26\nPeriod within which proceedings for offences may be commenced\ns 127C ins A2020-30 s 26\nAvailable penalties\ndiv 3.8.1B hdg ins A2020-30 s 26\nPenalties imposed by courts\ns 128 sub A2020-30 s 26\nSupervisory intervention orders\ns 133 am A2020-30 s 27\nDefinitions—pt 3.9\ns 141 def recovery of costs order ins A2020-30 s 28\nRoads compensation orders—assessment\ns 144 am A2020-30 s 29\nCosts compensation orders\ndiv 3.9.2A hdg ins A2020-30 s 30\nRecovery of costs orders—making\ns 146A ins A2020-30 s 30\nRecovery of costs orders—application\ns 146B ins A2020-30 s 30\nExemptions by competent authorities—general\ns 151 am A2025-29 amdt 4.51\n\nAmendment and cancellation of exemptions and conditions\ns 155 am A2025-29 amdt 4.51\nDeclaration by Minister—amend or suspend regulation’s operation\ns 156 am A2025-29 amdt 4.51\nMultiple offenders\ns 156A ins A2020-30 s 31\nDouble jeopardy\ns 156B ins A2020-30 s 31\nOffence—employers taken to have committed offences of employees\ns 159A ins A2020-30 s 32\nActs and omissions of representatives\ns 162 am A2020-30 s 33\nProof of appointments and signatures unnecessary\ns 166 hdg sub A2020-30 s 34\ns 166 am A2020-30 s 35\nUse of codes of practice etc in proceedings\ns 168 am A2020-30 s 36; A2025-1 s 4\nInternal review notices\ns 170 am A2025-29 amdt 4.51\nApplications for internal review\ns 171 am A2020-30 s 37\nReviewable decision notices\ns 175 am A2025-29 amdt 4.51\nApplications for review\ns 176 am A2025-29 amdt 4.51\nInformation sharing guidelines\ns 179 am A2025-29 amdt 4.51\nMaking false or misleading statements to authorised person\ns 190A ins A2020-30 s 38\nProducing false or misleading records to authorised person\ns 190B ins A2020-30 s 38\nRecovery of costs of public authorities\ns 191A ins A2020-30 s 39\nDetermination of fees\ns 194 am A2025-29 amdt 4.51\nApproved forms\ns 195 om A2020-30 s 40\n\nAmendment history 4\nRegulation-making power\ns 196 am A2025-29 amdt 4.51\nRegulations—competent and corresponding authorities etc\ns 199 am A2020-30 s 41, s 42; pars renum R9 LA\nRegulations—application etc of laws of other jurisdictions and instruments\ns 202 am A2020-30 s 43; A2025-29 amdt 4.51\nRepeals and consequential amendments\npt 5.6 hdg om LA s 89 (3)\nLegislation repealed\ns 203 om LA s 89 (3)\nLegislation amended—sch 1\ns 204 om LA s 89 (3)\nTransitional\nch 10 hdg exp 2 April 2012 (s 506 (LA s 88 declaration applies))\nDefinitions—ch 10\ns 500 exp 2 April 2012 (s 506 (LA s 88 declaration applies))\ndef commencement day exp 2 April 2012 (s 506 (LA s 88\ndeclaration applies))\ndef repealed Act exp 2 April 2012 (s 506 (LA s 88 declaration\napplies))\nTransitional—offences\ns 501 exp 2 April 2012 (s 506 (LA s 88 declaration applies))\nTransitional—notice to remedy contravention\ns 502 exp 2 April 2012 (s 506 (LA s 88 declaration applies))\nTransitional—notice to eliminate or minimise danger\ns 503 exp 2 April 2012 (s 506 (LA s 88 declaration applies))\nTransitional regulations\ns 504 exp 2 April 2012 (s 506)\nTransitional effect—Legislation Act, s 88\ns 505 exp 2 April 2012 (s 506 (LA s 88 declaration applies))\nExpiry—ch 10\ns 506 exp 2 April 2012 (s 506 (LA s 88 declaration applies))\nConsequential amendments\nsch 1 om LA s 89 (3)\ndict am A2013-39 amdt 2.16 (A2013-39 never effective (see\nCommonwealth v Australian Capital Territory [2013]\nHCA 55)); A2020-30 s 44\ndef Australian Road Rules om A2017-14 s 16\n\ndef employment order ins A2020-30 s 45\ndef light rail ins A2017-21 amdt 1.17\ndef Ministerial Council ins A2025-1 s 5\ndef recovery of costs order ins A2020-30 s 45\ndef road sub A2017-14 s 17\ndef road infrastructure am A2017-21 amdt 1.18\ndef road related area sub A2017-14 s 17\n\nEarlier republications 5\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nNo and date\nEffective Last\namendment\nmade by\nfor\nR1 (RI)\n6 Apr 2010\n2 Apr 2010–\n11 Dec 2011\nnot amended new Act\nreissue for\nrepublication\ncorrection\n12 Dec 2011\n12 Dec 2011–\n2 Apr 2012\nA2011-52 amendments by\nA2011-52\n3 Apr 2012\n3 Apr 2012–\n6 Nov 2013\nA2011-52 expiry of\ntransitional\nprovisions (ch 10)\n7 Nov 2013\nnever effective A2013-39 (never\neffective)\namendments by\nA2013-39\nR4 (RI)\n24 Feb 2014\n7 Nov 2013–\n14 Aug 2017\nA2013-39 (never\neffective)\nreissued because\nof High Court\ndecision in relation\nto A2013-39\n15 Aug 2017\n15 Aug 2017–\n28 Mar 2018\nA2017-21 amendments by\nA2017-21\n29 Mar 2018\n29 Mar 2018–\n29 Apr 2018\nA2018-8 amendments by\nA2018-8\n30 Apr 2018\n30 Apr 2018–\n22 Oct 2018\nA2018-8 amendments by\nA2017-14\n23 Oct 2018\n23 Oct 2018–\nA2018-33 amendments by\nA2018-33\n\n6 Expired transitional or validating provisions\nNo and date\nEffective Last\namendment\nmade by\nfor\n9 July 2021–\n26 Feb 2025\nA2020-30 amendments by\nA2020-30\n27 Feb 2025\n27 Feb 2025–\n15 Dec 2025\nA2025-1 amendments by\nA2025-1\n6 Expired transitional or validating provisions\nThis Act may be affected by transitional or validating provisions that have expired.\nThe expiry does not affect any continuing operation of the provisions (see\nLegislation Act 2001, s 88 (1)).\nExpired provisions are removed from the republished law when the expiry takes\neffect and are listed in the amendment history using the abbreviation ‘exp’ followed\nby the date of the expiry.\nTo find the expired provisions see the version of this Act before the expiry took\neffect. The ACT legislation register has point-in-time versions of this Act.","sortOrder":217}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":758},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose of regulating dangerous goods road transport safety. While it has been amended multiple times since 2009 (11 republications), these amendments appear to be incremental improvements—adding enforcement tools, clarifying definitions, updating cross-references, and enhancing protections—rather than scope expansion. The core regulatory framework established in 2010 remains intact."},"complexity_factors":["Extensive cross-referencing between Parts, Divisions and sections (e.g., s 38 defines 'part 3.2 vehicles' which triggers dozens of other provisions)","Multiple overlapping liability regimes: individual, corporate, executive officer, partnership, unincorporated association and employer liability (ss 156A-159A)","Nested definitions throughout—'dangerous goods', 'dangerous situation', 'compliance purposes', 'consignor', 'operator' each have multi-part definitions","Conditional enforcement powers requiring 'reasonable grounds' beliefs that vary by context (ss 39, 45, 49, 51, 53, 54, 71, 72)","Strict liability offences mixed with fault-based offences requiring careful mental element analysis (e.g., ss 28-37 vs ss 30-31)","Complex seizure and forfeiture procedures with multiple decision points (ss 81-103, especially s 99 with 7 different circumstances for return)","Embargo notices creating void transactions (s 85) with separate offences for direct and indirect breaches (ss 86-87)","Multiple review pathways: internal review (ss 170-174) then ACAT review (s 176)","Extensive evidentiary provisions including certificates, presumptions and codes of practice (ss 162-168)","Regulation-making power (s 196) that can adopt external instruments 'as in force from time to time' creating dynamic legislative references"],"plain_english_summary":"This Act creates a safety framework for transporting dangerous goods by road in the ACT, covering drivers, vehicle owners, consignors, operators and employers to protect people, property and the environment. It requires appropriate licensing, insurance for large \"placard loads,\" and correct transport documentation.\n\nIt also gives authorised officers and police inspection and enforcement powers, sets fines and prison terms for serious breaches, protects whistleblowers and good‑faith emergency helpers, and operates within a national, reciprocal scheme."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"Yes. The Act has broadened in scope since its original, primarily safety‑focused purpose. Later amendments and inserted parts materially expanded enforcement and remedial tools (for example, court‑ordered supervisory intervention orders and exclusion orders (ss 133, 137)), added commercial benefit penalty remedies (s 129), formalised cost recovery by public authorities (s 191A) and enabled broader information sharing (s 181) and ministerial/competent authority discretion over exemptions and operational matters (ss 151, 156). The regulations and delegated decision‑making provisions (ss 196–202, s 20, s 23) further shift technical specification out of the Act and into subordinate instruments. Together, these additions increase the Act’s reach from setting safety rules to creating a detailed compliance and regulatory enforcement regime with financial recovery, operational restructuring and cross‑jurisdictional coordination powers."},"complexity_factors":["Length and structural breadth: 5 Chapters, many Parts and Divisions covering enforcement, administrative penalties, court remedies, compensation, exemptions and miscellaneous matters.","Extensive definitions: large dictionary and many cross‑references to other Acts (eg Road Transport (General) Act, Criminal Code, Legislation Act).","Multiple enforcement tracks: on‑the‑spot directions (strict liability offences), administrative notices, embargoes, search and seizure, warrants, and full criminal prosecutions with alternative verdicts (many provisions in pts 3.2–3.5 and divs 3.6–3.8).","Varied fault standards: strict liability, evidential burdens, legal burdens and full mens rea offences appear across the Act (see, e.g., ss 28(4), 31, 40(2), and Criminal Code references).","Numerous exceptions and nested conditions: exceptions for broken‑down vehicles, compliance with directions, owners/operators defences and exemptions (e.g., ss 43(3), 53–56, 160–161, 151–156).","Significant delegated and discretionary powers: Ministerial declarations, competent authority determinations, authorised officer discretion to seize, destroy or move goods (ss 20, 151, 72–84, 156).","Heavy regulation dependence: substantial technical detail left to regulations (ss 196–202), including classification, licensing, approvals and insurance levels.","Cross‑jurisdictional arrangements: reciprocal powers agreements and recognition of other jurisdictions’ laws and instruments (ss 26–27, 199, 202).","Complex remedies and recovery mechanisms: civil compensation orders, cost recovery, commercial benefit penalties, supervisory and exclusion orders (divs 3.8 and pt 3.9).","Evidentiary rules and administrative timelines: specific notice periods, warrant time limits, seizure return mechanics and review pathways (eg ss 89, 95, 98–102, ch 4)."],"plain_english_summary":"**What this law does (mechanically)\n\n- Sets rules for the safe transport of dangerous goods by road in the ACT and gives powers to enforce those rules (see s 6, s 7).\n- Declares who can act for the Territory on these matters (competent authorities) and who may be appointed to exercise enforcement powers (authorised people) (ss 20–24).\n- Requires licences, approvals and insurance for certain vehicles and drivers carrying dangerous goods and creates criminal and administrative offences for non‑compliance (see ss 28–37).\n- Gives authorised people broad on‑road and on‑site powers to stop and direct vehicles, inspect and search vehicles and premises, seize things, issue embargoes and destroy unsafe items (parts 3.2 and 3.5, esp. ss 39–47, 70–84).\n- Provides standalone administrative tools: improvement notices, prohibition notices, formal warnings and clearance certificates (divs 3.6.1–3.6.2 and pt 3.7).\n- Provides court‑based penalties and remedial orders including fines, imprisonment, commercial benefits penalty orders, supervisory intervention orders, exclusion orders, forfeiture of goods and compensation/cost recovery orders (divs 3.8.1–3.8.6 and pt 3.9).\n- Authorises information sharing between competent authorities and protects certain operational information (pt 5.1, ss 178–181).\n- Enables exemptions, ministerial declarations and regulation‑making powers that fill in technical details (pt 3.10, ss 151–156; pt 5.5, ss 196–202).\n\n**Who this affects**\n\n- Businesses and people who pack, load, consign, transport or otherwise arrange road transport of dangerous goods (definitions and roles are set out in ss 10–14 and the Dictionary).\n- Vehicle owners, prime contractors and registered operators, who face licensing, insurance and approval requirements (ss 28, 36–37).\n- Drivers and other staff who must hold appropriate licences, follow directions from authorised people on‑site and keep transport documentation (ss 15–17; ss 39, 43, 57–62).\n- Competent authorities, police and authorised officers who enforce the Act (chs 2 and 3).\n- The Territory and public authorities, which can be reimbursed for clean‑up and response costs and recover costs of incidents (ss 36–37, 103, 146A, 191A).\n\n**Why it matters in practical terms**\n\n- Safety and liability: The Act creates duties and criminal offences to reduce the risk of fires, leaks, explosions and environmental harm during road transport of dangerous goods (purpose in s 6; offences in ss 30–35, 33–34). Penalties include large fines and imprisonment, so non‑compliance carries both safety and criminal consequences.\n- Operational constraints: Authorised officers can stop, detain, move, search and order the destruction or embargo of goods (ss 39–47, 70–85). That affects journey planning, loading/unloading practices and on‑site procedures for carriers, consignors and receivers.\n- Costs and insurance: The law requires minimum indemnity/insurance for placard loads (ss 36–37) and allows the Territory to recover costs for disposal, clean‑up and response, which can shift financial risk onto owners, consignors or carriers (ss 103, 146A, 191A).\n- Compliance burden: Businesses must keep specified records, carry transport documentation, maintain equipment, hold licences/accreditation where regulated, and be prepared for inspections, samples and seizures (ss 43, 59–61; regs power ss 197–201).\n- Administrative and court remedies: Regulators can use improvement notices and prohibition notices to require corrective action (divs 3.6.1–3.6.2, pt 3.7). Courts can impose orders that restructure an offender’s operations (supervisory intervention orders s 133) or bar them from involvement in dangerous‑goods transport (exclusion orders s 137).\n\n**Incentives, costs and trade‑offs (light analytical test against the Act’s own mechanisms)**\n\n- Who pays: Offenders and those legally responsible for transport (owners, prime contractors, consignors, drivers) bear fines, court‑ordered compensation and recovery costs (ss 28–37, 129, 142, 146A, 191A). The Territory may bear immediate enforcement costs but has statutory recovery routes (ss 103, 146A, 191A).\n- Who decides: The Minister designates competent authorities (s 20); competent authorities appoint authorised people (s 23), grant exemptions (s 151), and may share information (s 22). Courts and magistrates decide on warrants, penalties and remedial orders (ss 89, 128–140). The regulations fill technical detail (ss 196–202).\n- Behaviour the law changes: Firms are incentivised to obtain licences, maintain insurance, keep records, adopt approved packaging and routing, and comply with on‑the‑spot directions to avoid criminal or administrative sanctions (ss 28–37, ss 43, 59–62, regs powers ss 197–201).\n- Compliance costs and administrative burden: Regular inspections, sample‑taking, record production and potential improvement/prohibition notices impose ongoing administrative and compliance costs (parts 3.2–3.6). Small operators and casual consignors may face proportionally higher compliance costs.\n- Bureaucratic discretion and variability: Authorised persons have broad discretionary powers to enter, direct, seize and destroy (ss 72–84). Exemptions and ministerial declarations (ss 151, 156) and regulatory details (ss 196–202) concentrate significant practical decision‑making in regulators and the Minister, which can create variability in how rules apply across time or operators.\n- Enforcement intensity and private choices: Strict liability for many on‑the‑spot breaches (e.g., s 40(2) and several other offences) lowers the prosecutor’s burden but raises compliance risk for operators who may be penalised without proof of fault.\n- Concentrated benefits vs diffuse costs: Firms that secure exemptions or approvals (s 151) or that obtain regulatory recognition (s 199) gain competitive advantage; costs of inspections, insurance and possible seizure are spread across industry and may raise prices or change supply routes.\n- Substitution effects: The Act’s detailed controls over road transport may encourage substitution to other modes (rail, ship) or changes in packaging/quantities to avoid placarding or licensing thresholds (see regs power on quantities and placarding ss 197–198).\n- Implementation risks: The Act relies on coordination with other jurisdictions (reciprocal powers ss 26–27, and regulation power to adopt interjurisdictional standards s 202). National uniformity depends on inter‑jurisdictional agreements and consistent regulations.\n\n**Key procedural safeguards and review**\n\n- Internal review and external review mechanisms exist for many administrative decisions (chs 4; ss 170–176). Warrant and seizure procedures include notice, time limits and rights to apply to court to disallow seizures (div 3.5.5 and div 3.5.6).\n\n**Selected sections to consult for practical action**\n\n- Licence and insurance duties: ss 28–37.\n- On‑the‑spot directions and driver obligations: ss 39–52, 57–62.\n- Entry, search, seizure and warrants: ss 69–95.\n- Improvement, prohibition and administrative notices: ss 109–116, 119–126.\n- Cost recovery and compensation powers: ss 103, 142–146A, 191A.\n- Exemptions and ministerial powers: ss 151–156.\n- Regulation powers and technical detail to be set by regulation: ss 196–202.\n\n(References in parentheses are to sections of the Dangerous Goods (Road Transport) Act 2009.)"},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/dangerous-goods-road-transport-act-2009","history":"/api/acts/dangerous-goods-road-transport-act-2009/history","analysis":"/api/acts/dangerous-goods-road-transport-act-2009/analysis","conflicts":"/api/acts/dangerous-goods-road-transport-act-2009/conflicts","importantCases":"/api/acts/dangerous-goods-road-transport-act-2009/important-cases","documents":"/api/acts/dangerous-goods-road-transport-act-2009/documents"}}