41Proceedings for an offence

41 Proceedings for an offence S. 41(1) amended by No. 10/2022 s. 16. (1) The following provisions shall apply in respect of any legal proceedings for an offence against this Act— (a) Where an inspector or a delegate gives evidence that that inspector or delegate suspects that— (i) particular dangerous goods were involved in an offence; or (ii) writing or markings on any substance, article or container or on any label attached to any substance, article or container indicates or indicate that particular dangerous goods were involved in an offence— together with evidence of the grounds on which the inspector or delegate so suspects, and the court considers that the suspicion is reasonable, the particular dangerous goods shall, in the absence of proof to the contrary, be deemed to have been involved in the offence; S. 41(1)(b) amended by No. 31/2005 s. 15(a). (b) An original or copy made pursuant to section 19C by an inspector or a delegate of any entry in any document and certified by the inspector or delegate who caused such copy to be made to be a true copy shall be admissible in evidence and, in the absence of evidence to the contrary, shall be proof of the particulars contained in the document; (c) Where an inspector or a delegate gives evidence that that inspector or delegate suspects that the vehicle or container to which the offence relates contained a quantity of dangerous goods greater than a quantity specified in respect of those dangerous goods or that class of dangerous goods under the regulations (whether that quantity is measured by mass or volume) together with evidence of the grounds on which the inspector or delegate so suspects, and the court considers that the suspicion is reasonable, the vehicle or the container shall, in the absence of proof to the contrary, be deemed to have contained a quantity of dangerous goods greater than the quantity referred to in this paragraph; and (d) Where an inspector or a delegate gives evidence— (i) that writing, markings or a label on a container to which the offence relates purports or purport to indicate the capacity, tare weight, origin, character, specification, ownership or date of manufacture of the container; and (ii) that the inspector or delegate believes that the writing, markings or label was or were applied to the container in the course of its manufacture or by the manufacturer of the container, or at a place where the container was filled or where dangerous goods were transferred into the container, together with evidence of the grounds on which the inspector or delegate so believes and the court considers that the belief is reasonable— the container shall, in the absence of proof to the contrary, be deemed to be of the capacity, tare weight, character or specification or to be of the origin or ownership or to have been manufactured on the date indicated by the writing, markings or label. (2) For the purposes of paragraphs (a), (c) and (d*)* of subsection (1) ***container*** includes anything in or by which any substance or article suspected by the inspector or delegate to be dangerous goods is wholly or partly cased, covered, enclosed, contained or packed. S. 41(3) amended by Nos 44/1989 s. 41(Sch. 2 item 8.3), 31/2005 s. 15(b), 37/2014 s. 10(Sch. item 44.4), 49/2019 s. 186(Sch. 4 item 10.2), 25/2025 s. 106(Sch. 1 item 10.2). (3) For the purposes of this section, ***delegate*** means an employee in the Department of Transport and Planning, police officer or officer or member of a fire authority who is acting or has acted pursuant to an instrument of delegation under section 10B. S. 42 amended by No. 13/1996 s. 19(1)(a)(b).