90Exclusion orders

90 Exclusion orders

(1)  The court that finds a person guilty of an offence may, on the application of the Competent Authority, if the court considers the person to be a systematic or persistent offender against this Act, make an order under this section.

(2)  For the purpose of restricting opportunities for the person to commit or be involved in the commission of further offences, the court may make an exclusion order prohibiting the person, for a specified period, from involvement in the transport of dangerous goods or in any aspect of that transport.

(3)  The court cannot make an exclusion order that prohibits the person from driving or registering a vehicle.

(4)  The court may only make an order under this section if it is satisfied –

(a) that the person should not continue the things that are the subject of the proposed order; and

(b) that a supervisory intervention order is not appropriate, having regard to –

(i) the offences of which the person has previously been found guilty; and

(ii) the offences for which the person has been proceeded against by way of unwithdrawn infringement notices; and

(iii) any other offences or other matters that the court considers to be relevant to the conduct of the person in connection with involvement in the transport of dangerous goods.

(5)  A court that has power to make exclusion orders may revoke or amend an exclusion order on the application of –

(a) the Competent Authority; or

(b) the person in respect of whom the order was made, but in that case only if the court is satisfied that there has been a change of circumstances warranting revocation or amendment.

(6)  For the purposes of subsections (1) and (4) , if a person has committed at least one offence against this Act, the court may treat any offences that the person has committed under any corresponding law as if they had also been committed under this Act.