11Special defence for owners or operators

#### 11 Special defence for owners or operators 11 Special defence for owners or operators > > (1) It is a defence to a prosecution for an offence against this Act or the regulations alleged to have been committed by a person in the capacity of an owner or operator of a vehicle transporting dangerous goods if the person establishes that the vehicle was being used at the relevant time by— > > > > > (a) another person not entitled (whether by express or implied authority or otherwise) to use it, other than an employee or agent of the alleged offender, or > > > > > (b) an employee of the alleged offender who was acting at the relevant time outside the scope of the employment, or > > > > > (c) an agent (in any capacity) of the alleged offender who was acting at the relevant time outside the scope of the agency. > > > (2) If the offence relates to a breach of this Act or the regulations in connection with alleged deficiencies concerning the vehicle or dangerous goods, the defence is not available unless the alleged offender establishes that— > > > > > (a) the vehicle or dangerous goods had not, before they ceased to be under the alleged offender’s control, been driven or transported on a road in Australia in breach of this Act or the regulations or a corresponding law arising in connection with all or any of those alleged deficiencies, and > > > > > (b) one or more material changes, resulting in the alleged breach, had been made after the vehicle or dangerous goods had ceased to be under the alleged offender’s control. > > > (3) In this section— > > > > deficiency concerning a vehicle or dangerous goods means a deficiency in anything that is required by the regulations to be carried on or in a vehicle or to be met in relation to dangerous goods. > > > > operator means— > > > > > (a) in the case of a vehicle (not including a vehicle in a group of vehicles that are physically connected)—the person who is responsible for controlling or directing the operations of the vehicle, or > > > > > (b) in the case of a group of vehicles that are physically connected—the person who is responsible for controlling or directing the operations of the towing vehicle in the group. > > > > owner, in respect of a vehicle, means a person who— > > > > > (a) is the sole owner, a joint owner or a part owner of the vehicle, or > > > > > (b) has possession or use of the vehicle under a credit, hire-purchase, lease or other agreement, except an agreement requiring the vehicle to be registered in the name of someone else. > > > (4) For the purposes of this section, a person is not an operator merely because the person owns a vehicle or does any or all of the following— > > > > > (a) drives a vehicle, > > > > > (b) maintains or arranges for the maintenance of a vehicle, > > > > > (c) arranges for the registration of a vehicle.