111Special defence for owners or operators

111 Special defence for owners or operators

(1)  It is a defence to a charge for an offence 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 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 in Australia in breach of this Act 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 the 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.