71Duties concerning transport of dangerous goods

71 Duties concerning transport of dangerous goods

(1)  A person involved in the transport of dangerous goods by road or rail who fails to ensure that the goods are transported in a safe manner is guilty of an offence.

Penalty:  In the case of –

(a) a body corporate –

(i) if contravention results in the death of or serious injury to a person, a fine not exceeding 4 200 penalty units; or

(ii) in any other case, a fine not exceeding 2 100 penalty units; or

(b) an individual –

(i) if contravention results in the death of or serious injury to a person, a fine not exceeding 850 penalty units or imprisonment for a term not exceeding 4 years, or both; or

(ii) in any other case, a fine not exceeding 450 penalty units or imprisonment for a term not exceeding 2 years, or both.

(2)  If a person involved in the transport of dangerous goods by road or rail fails to comply with a provision of this Act in circumstances where the person knew, or reasonably ought to have known, that the failure would be likely to endanger the safety of another person or of property or the environment, the person is guilty of an offence.

Penalty:  In the case of –

(a) a body corporate –

(i) if contravention results in the death of or serious injury to a person, a fine not exceeding 4 200 penalty units; or

(ii) in any other case, a fine not exceeding 2 100 penalty units; or

(b) an individual –

(i) if contravention results in the death of or serious injury to a person, a fine not exceeding 850 penalty units or imprisonment for a term not exceeding 4 years, or both; or

(ii) in any other case, a fine not exceeding 450 penalty units or imprisonment for a term not exceeding 2 years, or both.