Dangerous Goods (Road and Rail Transport) Act 2010
114Evidence
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114 Evidence
(1) In a prosecution for an offence, if an authorised officer gives evidence that he or she believes any of the matters referred to in subsection (2) , the Court must, if –
(a) it considers the belief to be reasonable; and
(b) there is no evidence to the contrary –
accept the matter as proved.
(2) The matters are –
(a) that dangerous goods described in transport documents carried in a vehicle are being carried in the vehicle; or
(b) that particular goods are dangerous goods or dangerous goods of a particular type; or
(c) if markings or placards on or attached to a substance or packaging indicate that the substance is, or the packaging contains, particular dangerous goods, that the substance is, or the packaging contains, those dangerous goods; or
(d) if markings on, or attached to, a package indicate that the package contains particular dangerous goods, that the package contains those dangerous goods; or
(e) if markings or placards on or attached to a vehicle or equipment indicate that the vehicle or equipment is being used to transport dangerous goods, that the vehicle or equipment is being used to transport those dangerous goods; or
(f) if markings or placards on or attached to a substance or packaging indicate (in relation to the substance, the packaging or the contents of the packaging) a particular capacity, tare weight, origin, character, specification, ownership or date of manufacture, that the substance, the packaging or the contents of the packaging have that capacity, tare weight, origin, character, specification, ownership or date of manufacture; or
(g) if markings on, or attached to, a package indicate, in relation to the contents of the package, a particular capacity, tare weight, origin, character, specification, ownership or date of manufacture, that the contents of the package have that capacity, tare weight, origin, character, specification, ownership or date of manufacture; or
(h) if markings or placards on or attached to a vehicle or packaging indicate, in relation to the load of the vehicle or the contents of the packaging, a particular quantity of dangerous goods, that the vehicle or packaging contains that quantity of dangerous goods; or