Dangerous Goods (Road Transport) Act 2009

16 December 2025. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 16 December 2025. The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. Kinds of republications The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au): • authorised republications to which the Legislation Act 2001 applies • unauthorised republications. The status of this republication appears on the bottom of each page. Editorial changes The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice. This republication includes amendments made under part 11.3 (see endnote 1). Uncommenced provisions and amendments If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register (www.legislation.act.gov.au). For more information, see the home page for this law on the register. Modifications If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95. Penalties At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).

contents 1 Page 1 Name of Act 2 3 Dictionary 2 4 Notes 2 5 Offences against Act—application of Criminal Code etc 3 6 Purpose of Act 3 7 Application of Act 3 8 Inconsistency with other laws 4

Page contents 2 Dangerous Goods (Road Transport) Act 2009 9 Meaning of compliance purposes 5 10 Meaning of consigns and consignor 5 11 Meaning of packaging 6 12 Meaning of packs and packer 6 13 Meaning of loads and loader 7 14 Meaning of operator 8 15 Meaning of qualified to drive vehicle or run engine 8 16 Meaning of fit to drive vehicle or run engine 8 17 Meaning of authorised to drive or run engine 9 18 Meaning of unattended vehicle 9 19 Meaning of broken-down vehicle or trailer 11 20 Competent authorities 12 21 Competent authority may delegate functions 12 22 Competent authority may give information to corresponding authority 13 23 Authorised people 14 24 Identity cards 14 25 Production of identity cards 15 25A Impersonating authorised person 16 25B Obstructing or hindering authorised person 16 26 Reciprocal powers agreements 16 27 Reciprocal powers agreements—functions 17 Part 3.1 Offences—licensing, safety and insurance obligations 28 Offences—licensing of vehicles transporting dangerous goods 19

Page contents 3 29 Offences—licensing of drivers transporting dangerous goods 20 30 Offences—goods too dangerous to be transported 20 31 Offence—s 30 conduct causing death or serious injury 21 32 Alternative verdicts—s 30 conduct causing death or serious injury 22 33 Offences—transport of dangerous goods 22 34 Offence—s 33 conduct causing death or serious injury 23 35 Alternative verdicts—s 33 conduct causing death or serious injury 24 36 Offence—vehicle not insured or approved—owner 24 37 Offence—vehicle not insured or approved—prime contractor 25 Division 3.2.1 Preliminary 38 Application—pt 3.2 27 39 Direction to stop pt 3.2 vehicle 28 40 Offence—fail to comply with direction to stop pt 3.2 vehicle 29 41 Direction to move pt 3.2 vehicle 30 42 Offence—fail to comply with direction to move pt 3.2 vehicle 30 43 Direction to produce document etc 31 44 Offence—fail to comply with direction to produce document 32 45 Direction to move pt 3.2 vehicle—dangerous situation, harm or obstruction 32 46 Offence—fail to comply with direction to move pt 3.2 vehicle— dangerous situation, harm or obstruction 33 47 Direction to leave pt 3.2 vehicle 34 48 Offence—fail to comply with direction to leave pt 3.2 vehicle 35 49 Direction in relation to immobilised pt 3.2 vehicle 35 50 Offence—fail to comply with direction in relation to immobilised pt 3.2 vehicle 36 51 Direction in relation to pt 3.2 vehicle—dangerous situation 36 52 Offence—fail to comply with direction in relation to pt 3.2 vehicle— dangerous situation 37 53 Moving unattended pt 3.2 vehicle—exercise other functions 37

Page contents 4 Dangerous Goods (Road Transport) Act 2009 54 Moving unattended and broken-down pt 3.2 vehicles—dangerous situation or obstruction 38 55 Moving unattended and broken-down pt 3.2 vehicles—harm or obstruction—driver need not be qualified or licensed 39 56 Driving pt 3.2 vehicles—div 3.2.3—driver need not be authorised 40 Part 3.3 Directions to give name, records and other things 57 Direction to give name and other personal details 41 58 Offence—fail to comply with direction to give name and other personal details 42 59 Direction to produce record, device or other thing 43 60 Offence—fail to comply with direction to produce record, device or other thing 44 61 Direction to give information 45 62 Offence—fail to comply with direction to give information 45 63 How direction may be given 47 64 Direction to state time for compliance 47 65 Amendment or cancellation of direction 48 66 Direction may be given under more than 1 provision 48 67 Protection from incrimination 48 68 Definitions—pt 3.5 50 Division 3.5.2 Powers of authorised people in relation to pt 3.2 69 Application—div 3.5.2 51 70 Power of authorised people to enter and inspect pt 3.2 vehicles 51 71 Power of authorised people to enter and search pt 3.2 vehicles 52 72 Power to enter premises and vehicles 54 73 Production of identity card 56 74 Consent to entry 56

Page contents 5 75 General powers on entry to premises and vehicles 58 76 Direction to give assistance 59 77 Offence—fail to comply with direction to give assistance 61 78 Use of assistants and equipment 62 79 Use of equipment to examine and process things 62 80 Use and seizure of electronic equipment 63 81 Power to seize things 64 82 Removal of seized thing 65 83 Receipt for seized thing 65 84 Power to destroy unsafe thing 66 85 Embargo notices 67 86 Offence—fail to comply with embargo notice 68 87 Offence—fail to prevent someone else doing something forbidden by embargo notice 69 88 Revocation of embargo notice 69 89 Warrants generally 70 90 Warrants—application made other than in person 72 91 Warrants—issue on application made other than in person 72 92 Warrants—announcement before entry 73 93 Details of warrant to be given to occupier etc 74 94 Occupier entitled to observe search etc 74 95 Moving things to another place for examination or processing under warrant 75 96 Meaning of responsible person—div 3.5.6 76 97 Access to seized thing 76 98 Return of seized thing 77 99 Circumstances—s 98 78 100 Application for order disallowing seizure 80 101 Order disallowing seizure 80 102 Forfeiture of seized thing 81 103 Cost of disposal of forfeited thing 82

Page contents 6 Dangerous Goods (Road Transport) Act 2009 104 Sample-taking procedure 83 105 Damage etc to be minimised 84 106 Restoring vehicle, premises etc to original condition after action taken 85 107 Compensation for exercise of enforcement powers 85 108 Definitions—div 3.6.1 87 109 Improvement notices 87 110 Extensions of date or time to comply with improvement notices 88 111 Offence—fail to comply with improvement notice 89 112 Amendment of improvement notices 90 113 Cancellation of improvement notices 90 114 Clearance certificates 91 115 Definitions—div 3.6.2 91 116 Formal warnings 92 117 Withdrawal of formal warnings 92 118 Meaning of dangerous activity—pt 3.7 93 119 Prohibition notices—general 93 120 Oral direction may be given before prohibition notice 94 121 Offence—fail to comply with oral direction 94 122 Prohibition notices—content 95 123 Offence—fail to comply with prohibition notice 96 124 Amendment of prohibition notices 96 125 Withdrawal of prohibition notices 97 126 Proceeding for offence not affected by prohibition notice 97 127 Meaning of associate—pt 3.8 98

Page contents 7 Division 3.8.1A Proceedings for offences 127A Proceedings for offences 99 127B Proceedings may be brought by authorised person 99 127C Period within which proceedings for offences may be commenced 99 128 Penalties imposed by courts 100 Division 3.8.2 Commercial benefits penalty orders 129 Commercial benefits penalty orders 100 130 Commercial benefits penalty orders—estimating gross commercial benefit 102 131 Penalties involving licences 102 132 Penalties involving vehicle registration 103 133 Supervisory intervention orders 104 134 Supervisory intervention orders—compliance reports 106 135 Supervisory intervention orders—amendment and revocation 107 136 Offence—fail to comply with supervisory intervention order 108 137 Exclusion orders 108 138 Exclusion orders—amendment and revocation 109 139 Offence—fail to comply with exclusion order 110 140 Forfeiture 110 Division 3.9.1 Definitions—pt 3.9 141 Definitions—pt 3.9 111 Division 3.9.2 Roads compensation orders for damage to road infrastructure 142 Roads compensation orders—making 111 143 Roads compensation orders—application 112 144 Roads compensation orders—assessment 112 145 Roads compensation orders—certificates 113

Page contents 8 Dangerous Goods (Road Transport) Act 2009 146 Roads compensation orders—limits on amount 114 146A Recovery of costs orders—making 114 146B Recovery of costs orders—application 115 147 Compensation orders—costs 115 148 Compensation orders—enforcement 116 149 Compensation orders—other orders and awards 116 150 Meaning of exemption 117 151 Exemptions by competent authorities—general 117 152 Offence—fail to comply with exemption condition 118 153 Offence—fail to keep copy of notice in premises or vehicle 118 154 Exemption—competent authority to tell other competent authorities 119 155 Amendment and cancellation of exemptions and conditions 119 156 Declaration by Minister—amend or suspend regulation’s operation 120 156A Multiple offenders 121 156B Double jeopardy 121 157 Criminal liability of executive officers of corporations 122 158 Offence—partners etc taken to have committed offences of other partners 124 159 Offence—managers etc of unincorporated associations taken to have committed offences of other managers etc 125 159A Offence—employers taken to have committed offences of employees 125 160 Exception for owners and operators 126 161 Exception if complying with direction 127 162 Acts and omissions of representatives 128 163 Evidence—certificate signed by authorised person 129 164 Evidence—certain documents signed by competent authority 130

Page contents 9 165 Evidence—mass of vehicle or packaging 131 166 Proof of appointments and signatures unnecessary 131 167 Evidence—transport documentation 132 168 Use of codes of practice etc in proceedings 132 169 Definitions—ch 4 134 170 Internal review notices 134 171 Applications for internal review 135 172 Applications not stay internally reviewable decisions 135 173 Internal reviewer 136 174 Review by internal reviewer 136 175 Reviewable decision notices 136 176 Applications for review 137 177 Definitions—pt 5.1 138 178 Secrecy 138 179 Information sharing guidelines 141 180 Offence—information not to be used for other purposes 141 181 Competent authority may give seized records etc to public authorities 141 182 Protection from liability 143 183 Indemnity not affected by certain matters 143 184 Other indemnities not affected 144 Part 5.3 Victimisation of people for reporting breaches and assisting with investigations 185 Definitions—pt 5.3 145 186 Offence—victimisation of employees for reporting breaches or assisting with investigations 145

Page contents 10 Dangerous Goods (Road Transport) Act 2009 187 Offence—victimisation of prospective employees for reporting breaches or assisting with investigations 146 188 Victimisation offences—order for compensation 148 189 Victimisation offences—order for re-employment etc 148 190 Offence—fail to comply with employment order 149 190A Making false or misleading statements to authorised person 150 190B Producing false or misleading records to authorised person 151 191 Contracting out prohibited 153 191A Recovery of costs of public authorities 153 192 Assistance in emergencies or accidents 155 193 Delegation by Minister—limitation 155 194 Determination of fees 155 196 Regulation-making power 156 197 Regulations—certain specific matters 156 198 Regulations—things used in the transport of dangerous goods 157 199 Regulations—competent and corresponding authorities etc 157 200 Regulations—accreditation and training etc 159 201 Regulations—stated entities 160 202 Regulations—application etc of laws of other jurisdictions and instruments 160 Dictionary 161 1 About the endnotes 171 2 Abbreviation key 171 3 Legislation history 172 4 Amendment history 174

Page contents 11

5 Earlier republications 179

6 Expired transitional or validating provisions 180

An Act to make provision for safety in the transport of dangerous goods by road as part of the system of nationally consistent road transport laws, and for other purposes

1 Name of Act This Act is the Dangerous Goods (Road Transport) Act 2009.

3 Dictionary The dictionary at the end of this Act is part of this Act. Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere. For example, the signpost definition ‘vehicle—see the Road Transport (General) Act 1999, dictionary.’ means that the term ‘vehicle’ is defined in that dictionary and the definition applies to this Act. Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

4 Notes A note included in this Act is explanatory and is not part of this Act. Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Introduction Part 1.1 5 Offences against Act—application of Criminal Code etc Other legislation applies in relation to offences against this Act. Note 1 Criminal Code The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1). The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability). Note 2 Penalty units The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units. 6 Purpose of Act The purpose of this Act is to regulate the transport of dangerous goods by road in order to— (a) promote public safety; and (b) protect property and the environment.

7 Application of Act This Act does not apply to— (a) dangerous goods that are, or form part of, a person’s personal safety equipment in a vehicle transporting dangerous goods; and (b) dangerous goods that are in a container that is designed to form part of, and forms part of, the fuel or battery system of a vehicle’s engine, auxiliary engine, fuel burning appliance or other part of a vehicle’s propulsion equipment.

8 Inconsistency with other laws (1) If this Act is inconsistent with a dangerous goods law, the dangerous goods law prevails. (2) If this Act is inconsistent with the Radiation Protection Act 2006, that Act prevails. dangerous goods law means a law in force in the ACT that— (a) relates to the storage and handling of dangerous goods; but (b) does not relate to the transport of dangerous goods by road. Note Dangerous goods law does not include the Dangerous Substances Act 2004 or the Work Health and Safety Act 2011 because both of those Acts relate to the transport of dangerous goods by road. The interaction between this Act and the Dangerous Substances Act 2004 is dealt with in that Act, s 8. The interaction between this Act and the Work Health and Safety Act 2011 is dealt with in that Act, s 12.

9 Meaning of compliance purposes (1) For this Act, a function is exercised for compliance purposes if the function is exercised to— (a) find out whether this Act is being complied with; or (b) investigate an offence, or suspected offence, against this Act. (2) To remove any doubt, a function may be exercised for compliance purposes even if the function is also exercised for 1 or more other purposes.

10 Meaning of consigns and consignor (1) For this Act, a person consigns goods for transport, and is the consignor of the goods, if— (a) subsection (2) applies to the person; or (b) subsection (2) does not apply to the person or anyone else, but subsection (3) applies to the person; or (c) subsections (2) and (3) do not apply to the person or anyone else, but subsection (4) applies to the person. (2) This subsection applies to a person who, with the person’s authority, is named or otherwise identified in transport documentation as the consignor of the goods. (3) This subsection applies to a person who— (a) engages a prime contractor, either directly or through an agent or other intermediary, to transport the goods; or

(b) if paragraph (a) does not apply—has possession of, or control over, the goods immediately before the goods are transported; or (c) if neither paragraph (a) nor (b) applies—loads a vehicle with the goods, for transport, at a place— (i) where dangerous goods are awaiting collection; and (ii) that is unattended (except by the driver) during loading. (4) This subsection applies to a person if— (a) the goods are imported into Australia; and (b) the person is the importer of the goods.

11 Meaning of packaging For this Act, packaging, in relation to goods, is anything that contains, holds, protects or encloses the goods, whether directly or indirectly, to enable them to be received or held for transport, or to be transported, and includes anything declared by regulation to be packaging. Note 1 It may be that a container constitutes the whole of the packaging of goods, as in the case of a drum in which dangerous goods are directly placed. Note 2 Unlike in United Nations publications relating to the transport of dangerous goods, the term packaging is defined in this Act in accordance with its ordinary meaning.

12 Meaning of packs and packer For this Act, a person packs goods for transport, and is a packer of the goods, if the person— (a) puts the goods in packaging (even if that packaging is already in a vehicle); or

(b) assembles, places or secures packages in packaging designed to hold, enclose or otherwise contain more than 1 package (even if that packaging is already in a vehicle); or (c) supervises an activity mentioned in paragraph (a) or (b); or (d) manages or controls an activity mentioned in paragraph (a), (b) or (c). A person who uses a hose to fill the tank of a tank vehicle with petrol packs the petrol for transport for this Act. Note Tank vehicle—see the dictionary.

13 Meaning of loads and loader (1) For this Act, a person loads goods for transport, and is a loader of the goods, if the person— (a) loads 1 or more packages of the goods in a vehicle; or (b) places or secures 1 or more packages of the goods in a vehicle; or (c) supervises an activity mentioned in paragraph (a) or (b); or (d) manages or controls an activity mentioned in paragraph (a), (b) or (c). (2) Subsection (1) does not apply to— (a) the loading of goods into packaging that is already in a vehicle; or (b) the placing or securing of packages in or on further packaging that is already in a vehicle.

14 Meaning of operator (1) For this Act, a person is an operator of a vehicle if— (a) for a vehicle (including a vehicle in a group of vehicles that are physically connected)—the person is responsible for controlling or directing the operations of the vehicle; or (b) for a group of vehicles that are physically connected— the person is responsible for controlling or directing the operations of the towing vehicle in the group. (2) A person is not an operator of a vehicle only because the person owns the vehicle or does any or all of the following: (a) drives the vehicle; (b) maintains or arranges for the maintenance of the vehicle; (c) arranges for the registration of the vehicle.

15 Meaning of qualified to drive vehicle or run engine For this Act, a person is qualified to drive a vehicle, or run its engine, if the person— (a) holds a driver licence of the appropriate class to drive the vehicle and the driver licence is not suspended; and (b) is not prevented under a law from driving the vehicle at the relevant time. Example—law preventing person from driving condition of the person’s licence that the person not drive the vehicle 16 Meaning of fit to drive vehicle or run engine For this Act, a person is fit to drive a vehicle, or run its engine, if the person— (a) is apparently physically and mentally fit to drive the vehicle; and

(b) without limiting paragraph (a), is apparently not affected by alcohol or a drug that affects the person’s fitness to drive; and (c) is not, at the relevant time, found to have a concentration of alcohol in the person’s blood that exceeds the amount permitted by a territory law; and (d) is not, at the relevant time, found to have a drug in the person’s blood or oral fluid in contravention of a territory law.

17 Meaning of authorised to drive or run engine (1) For this Act, a person is authorised to drive a vehicle if the person— (a) is the operator of the vehicle; or (b) has the authority of the operator of the vehicle to drive the (2) For this Act, a person is authorised to run the engine of a vehicle if the person— (a) is the operator of the vehicle; or (b) has the authority of the operator of the vehicle to drive the vehicle or run its engine. (3) To avoid any doubt, a person may be authorised to drive a vehicle or run its engine, whether or not the person is qualified to drive the vehicle or run its engine.

18 Meaning of unattended vehicle (1) For this Act, a vehicle is unattended— (a) if an authorised person is near the vehicle—if there is, after inspection and enquiry by the person that is reasonable in the circumstances, apparently no one in or near the vehicle who appears to be a driver of the vehicle; or

(b) if an authorised person is not near the vehicle but is able to inspect the area near the vehicle by way of a camera or other remote surveillance system—if there is, after inspection by the person that is reasonable in the circumstances, apparently no one in or near the vehicle who appears to be a driver of the vehicle; or (c) if there appears to be a person (the assumed driver) who is the driver of the vehicle in or near the vehicle—if the authorised person believes on reasonable grounds that— (i) the assumed driver is not qualified, not fit or not authorised to drive the vehicle; or (ii) the assumed driver is or appears to be unwilling to drive the vehicle; or (iii) the assumed driver is subject to a direction under section 47 (Direction to leave pt 3.2 vehicle) in relation to the vehicle. driver, of a vehicle that is a trailer, and is not connected (either directly or by 1 or more other trailers) to a towing vehicle, means the driver of the towing vehicle of the combination to which the trailer was, or apparently was, last connected.

19 Meaning of broken-down vehicle or trailer In this Act: broken-down means— (a) for a vehicle—a vehicle that is impossible to drive because the vehicle is disabled through damage, mechanical failure, lack of fuel or a similar reason; and (b) for a trailer—a trailer that is not connected (either directly or by 1 or more other trailers) to a towing vehicle, whether or not the trailer is also disabled through damage, mechanical failure or a similar reason.

Chapter 2 Competent authorities and authorised people

20 Competent authorities (1) The Minister must declare 1 or more entities as competent authorities for this Act. (2) A declaration is a notifiable instrument.

21 Competent authority may delegate functions (1) A competent authority may delegate the authority’s functions under this Act to— (a) an authorised person appointed by the authority; or (b) a police officer; or (c) a public employee; or (d) another person prescribed by regulation. Note 1 For the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4. Note 2 In particular, the delegation must be in writing (see Legislation Act, s 232). Note 3 A reference to an Act includes a reference to the statutory instruments (2) However, subsection (1) does not apply to the authority’s function to appoint an authorised person.

Competent authorities Part 2.1

22 Competent authority may give information to corresponding authority A competent authority may give the following information to a corresponding authority: (a) information about any action taken by the competent authority under this Act; (b) any information obtained under this Act, including any information contained in a record, device or other thing inspected or seized under this Act.

23 Authorised people (1) Each of the following is an authorised person for this Act: (a) a competent authority; (b) a police officer; (c) a person appointed under subsection (2). (2) A competent authority (the appointing competent authority) may appoint a person as an authorised person for this Act. Note 1 For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3. Note 2 In particular, a person may be appointed for a particular provision of a law (see Legislation Act, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207).

24 Identity cards (1) The appointing competent authority must give an authorised person (other than a police officer) an identity card stating the authorised person’s name and that the person is an authorised person. (2) The identity card must show— (a) a recent photograph of the authorised person; and (b) the card’s date of issue and expiry; and (c) anything else prescribed by regulation. (3) A person commits an offence if— (a) the person stops being an authorised person; and

Authorised people Part 2.2 (b) the person does not return the person’s identity card to the appointing competent authority as soon as practicable (but not later than 7 days) after the day the person stops being an Maximum penalty: 1 penalty unit. (4) Subsection (3) does not apply to a person if the person’s identity card has been— (a) lost or stolen; or (b) destroyed by someone other than the person. (5) An offence against this section is a strict liability offence.

25 Production of identity cards (1) An authorised person who is not a police officer must— (a) carry the authorised person’s identity card while exercising a function under this Act; and (b) produce the card before exercising a function under this Act. Note 1 A reference to an Act includes a reference to the statutory instruments Note 2 An authorised person must produce the card in certain circumstances (see pt 3.5). (2) A police officer exercising a function as an authorised person under this Act must comply with a request to identify themselves by— (a) producing evidence that the person is a police officer; or (b) stating orally or in writing the person’s name, rank and place of duty.

(3) Subsection (2) does not apply in relation to a police officer in uniform.

25A Impersonating authorised person A person must not impersonate an authorised person. Maximum penalty: 60 penalty units.

25B Obstructing or hindering authorised person (a) the person, without reasonable excuse, obstructs or hinders— (i) an authorised person in the exercise of the authorised person’s functions under this Act; or (ii) a person assisting an authorised person in the exercise of the authorised person’s functions under this Act; and (b) the authorised person’s functions were being exercised lawfully. Maximum penalty: 60 penalty units. (2) Without limiting subsection (1) (b), a function is exercised lawfully if it is— (a) exercisable without consent; or (b) exercised with consent or under a warrant.

26 Reciprocal powers agreements (1) This section has effect in relation to another jurisdiction if the corresponding law of the other jurisdiction contains provisions corresponding to this section.

Authorised people Part 2.2 (2) The Minister may enter into an agreement (a reciprocal powers agreement) with a Minister of the other jurisdiction— (a) for section 27; and (b) to amend or revoke the agreement. (3) A reciprocal powers agreement is a notifiable instrument.

27 Reciprocal powers agreements—functions (1) To the extent anticipated by a reciprocal powers agreement with another jurisdiction— (a) an authorised person (including a police officer) may, in the ACT or other jurisdiction, exercise functions given to an interstate authorised person under the corresponding law of the other jurisdiction; and (b) a police officer may, in the ACT or other jurisdiction, exercise functions given to an interstate police officer under the corresponding law of the other jurisdiction; and (c) an interstate authorised person of the other jurisdiction may, in the ACT or other jurisdiction, exercise functions given to authorised people (other than police officers in their capacity as police officers) under this Act; and (d) an interstate police officer of the other jurisdiction may, in the ACT or other jurisdiction, exercise functions given to an authorised person (including a police officer) under this Act. (2) Anything done or omitted to be done by an authorised person or police officer under subsection (1) (a) or (b) is taken to have been done under this Act as well as under the corresponding law.

(3) A regulation may make provision for the exercise of functions under this section. interstate authorised person, of another jurisdiction, means an authorised person (however described), other than a police officer, of the other jurisdiction. interstate police officer, of another jurisdiction, means a police officer of the other jurisdiction.

Part 3.1 Offences—licensing, safety and insurance obligations

28 Offences—licensing of vehicles transporting dangerous (1) A prime contractor must not use a vehicle to transport dangerous goods (other than as the driver of the vehicle) if— (2) A person must not consign dangerous goods for transport in a vehicle if the person knows, or ought reasonably to know, that— (3) A person must not drive a vehicle transporting dangerous goods if— (4) Strict liability applies to subsection (3).

29 Offences—licensing of drivers transporting dangerous (a) the person employs, engages, causes or permits someone else to drive a vehicle transporting dangerous goods; and (b) the other person is required by regulation to be licensed to drive the vehicle; and (c) the other person is not licensed as required. (2) A person must not drive a vehicle transporting dangerous goods if— (a) a regulation requires the person to be licensed to drive the (b) the person is not licensed as required. (3) Strict liability applies to subsections (1) (b) and (2).

30 Offences—goods too dangerous to be transported (a) the person consigns goods for transport by road; and (b) a regulation identifies the goods as being goods too dangerous to be transported; and (c) the person is negligent about whether the goods are goods too dangerous to be transported.

(2) A person commits an offence if— (a) the person arranges the transport of goods in a vehicle owned or controlled by the person; and (b) a regulation identifies the goods as being goods too dangerous to be transported; and (c) the person is negligent about whether the goods are goods too dangerous to be transported.

31 Offence—s 30 conduct causing death or serious injury (a) the person engages in conduct that is a physical element of an offence mentioned in section 30; and (b) the conduct causes the death of, or serious injury to, someone (c) the person intends to cause, or is reckless about causing, the death of, or serious injury to, the other person or anyone else by the conduct. Maximum penalty: 1 000 penalty units, imprisonment for 4 years or causes death or serious injury—a person causes death or serious injury if the person’s conduct substantially contributes to the death or injury. conduct includes omission.

32 Alternative verdicts—s 30 conduct causing death or serious injury (1) This section applies if, in a prosecution for an offence against section 31, the trier of fact is not satisfied beyond reasonable doubt that the defendant committed the offence but is satisfied beyond reasonable doubt that the defendant committed the offence against section 30 (Offences—goods too dangerous to be transported). (2) The trier of fact may find the defendant guilty of the offence against section 30, but only if the defendant has been given procedural fairness in relation to that finding of guilt.

33 Offences—transport of dangerous goods (a) is involved in the transport of dangerous goods by road; and (b) fails to ensure that the goods are transported in a safe way. (2) A person commits an offence if the person— (a) is involved in the transport of dangerous goods by road; and (b) fails to comply with this Act; and (c) knows or ought reasonably to know that the failure is likely to endanger— (i) the safety of people; or (ii) property or the environment.

(3) It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that— (a) the defendant, as far as practicable, ensured that the goods were transported in a safe way; or (b) the— (i) offence is brought about by someone else over whom the defendant has no control or by a non-human act or event over which the defendant has no control; and (ii) defendant could not reasonably have been expected to guard against the bringing about of the offence. s (3) (see Criminal Code, s 59).

34 Offence—s 33 conduct causing death or serious injury (a) the person engages in conduct that is a physical element of an offence mentioned in section 33; and (b) the conduct causes the death of, or serious injury to, someone (c) the person intends to cause, or is reckless about causing, the death of, or serious injury to, the other person or anyone else by the conduct. Maximum penalty: 1 000 penalty units, imprisonment for 4 years or causes death or serious injury—see section 31 (2). conduct—see section 31 (2).

35 Alternative verdicts—s 33 conduct causing death or serious injury (1) This section applies if, in a prosecution for an offence against section 34, the trier of fact is not satisfied beyond reasonable doubt that the defendant committed the offence but is satisfied beyond reasonable doubt that the defendant committed the offence against section 33 (Offences—transport of dangerous goods). (2) The trier of fact may find the defendant guilty of the offence against section 33, but only if the defendant has been given procedural fairness in relation to that finding of guilt.

36 Offence—vehicle not insured or approved—owner (1) The owner of a vehicle commits an offence— (a) if the owner uses the vehicle, or permits it to be used, to transport a placard load; and (b) if— (i) the use of the vehicle is not covered by an insurance policy or other form of indemnity for an amount not less than $5 000 000 or, if another amount is prescribed by regulation, the prescribed amount in relation to— (A) personal injury, death, property damage and other damage (except consequential economic loss) arising out of any fire, explosion, leakage or spillage of dangerous goods in or from the vehicle or any packaging transported in the vehicle; and (B) costs incurred by or on behalf of a Commonwealth, State or Territory government authority in a clean-up resulting from such a fire, explosion, leakage or spillage; or

(ii) if— (A) the owner does not have an approval under a regulation in relation to the use of the vehicle; or (B) the owner has an approval under a regulation in relation to the use of the vehicle, but is not complying with any relevant condition of the approval. vehicle means each load-bearing vehicle, whether or not a motor vehicle and whether or not it is being used in combination with another vehicle.

37 Offence—vehicle not insured or approved—prime contractor (1) A prime contractor commits an offence— (a) if the prime contractor uses a vehicle to transport a placard load; and (b) if— (i) the use of the vehicle is not covered by an insurance policy or other form of indemnity for an amount not less than $5 000 000 or, if another amount is prescribed by regulation, the prescribed amount in relation to— (A) personal injury, death, property damage and other damage (except consequential economic loss) arising out of any fire, explosion, leakage or spillage of dangerous goods in or from the vehicle or any packaging transported in the vehicle; and

(B) costs incurred by or on behalf of a Commonwealth, State or Territory government authority in a clean-up resulting from such a fire, explosion, leakage or spillage; or (ii) if— (A) the prime contractor does not have an approval under a regulation in relation to the vehicle; or (B) the prime contractor has an approval under a regulation in relation to the use of the vehicle, but is not complying with any relevant condition of the approval. vehicle—see section 36 (3).

Preliminary Division 3.2.1 Part 3.2 General powers—pt 3.2 vehicles and drivers Division 3.2.1 Preliminary 38 Application—pt 3.2 (1) This part applies to a vehicle (a part 3.2 vehicle) if— (a) 1 or more of the following applies to the vehicle: (i) it has a placard on it; (ii) it is carrying a container that has a placard on it; (iii) an authorised person believes on reasonable grounds that it is carrying dangerous goods or goods too dangerous to be transported; (iv) an authorised person believes on reasonable grounds that it is licensed under a regulation to carry dangerous goods, or that it is used to carry goods for commercial purposes; and (b) the vehicle is— (i) on a road or road related area; or (ii) at a public place; or (iii) at premises occupied or owned by the Territory, a competent authority or any other public authority; or (iv) at premises where an authorised person is lawfully present after entry under part 3.5 (Enforcement). (2) This part applies to the driver of a part 3.2 vehicle who is apparently in or near the vehicle.

public place means a place which is open to or used by the public or a section of the public, or used for a public purpose, whether— (a) by payment, membership of a body or otherwise; or (b) by entitlement or permission.

Division 3.2.2 Directions in relation to pt 3.2

39 Direction to stop pt 3.2 vehicle (1) An authorised person may, for compliance purposes, direct— (a) the driver of a part 3.2 vehicle to stop the vehicle; or (b) the driver of a part 3.2 vehicle, or anyone else, not to do 1 or (i) move the vehicle; (ii) interfere with the vehicle or any equipment in the vehicle; (iii) interfere with the load in the vehicle. (2) A direction to stop a part 3.2 vehicle may require that the vehicle be stopped— (a) without delay; or (b) at the nearest place that the vehicle can be safely stopped as indicated by the authorised person.

(3) A direction given under subsection (1) does not prevent an authorised person from giving the driver or another person a later inconsistent direction under another provision of this Act. (4) A direction given under subsection (1) ceases to be operative to the extent that an authorised person— (a) gives the driver or another person a later inconsistent direction; or (b) indicates to the person to whom the direction is given that the direction is no longer operative. (5) An authorised person may direct a part 3.2 vehicle to be stopped only for the amount of time necessary for the person to exercise the function. stop a vehicle means stop the vehicle and keep the vehicle stationary.

40 Offence—fail to comply with direction to stop pt 3.2 (a) the person is subject to a direction under section 39; and (b) the person fails to comply with the direction.

41 Direction to move pt 3.2 vehicle (1) An authorised person may, for compliance purposes, direct the driver of a part 3.2 vehicle to move the vehicle, or cause the vehicle to be moved, to the nearest suitable location, within the maximum distance, that is stated by the authorised person. maximum distance, in relation to a vehicle, means a distance (in any direction) within a radius of 30km of— (a) the location of the vehicle when the direction is given; or (b) any point along the forward route of the journey, if the direction is given during a journey of the vehicle. suitable location, for an authorised person giving a direction, means a location that the person believes on reasonable grounds to be suitable for complying with the direction, having regard to any matters the person considers relevant in the circumstances.

42 Offence—fail to comply with direction to move pt 3.2 (a) is subject to a direction under section 41; and

(3) This section does not apply to a defendant if— (a) it was not practicable for the defendant to move the vehicle because the vehicle was broken-down; and (b) the breakdown happened for a physical reason beyond the defendant’s control; and (c) the breakdown could not be readily rectified in a way that would allow the direction to be complied with within a reasonable time.

43 Direction to produce document etc (1) An authorised person may, for compliance purposes, direct the driver of a part 3.2 vehicle to produce— (a) the driver’s driver licence; or (b) any licence the driver is required to have under a regulation; or (c) any transport documentation that is required to be carried in the vehicle under a regulation. (2) The authorised person may seize a licence produced under this section if the person believes on reasonable grounds that— (a) the licence has been cancelled or suspended; or (b) the licence has otherwise ceased to have effect; or (c) the licence has been amended and the amendment is not recorded on the licence; or (d) the person who produced the licence is not the licensee.

(3) Also, an authorised person to whom a document that appears to be a licence or transport documentation is produced in response to the direction may seize the document if the person believes on reasonable grounds that the document is not a licence or transport documentation.

44 Offence—fail to comply with direction to produce document (a) is subject to a direction under section 43; and

45 Direction to move pt 3.2 vehicle—dangerous situation, harm or obstruction grounds that a part 3.2 vehicle is— (a) causing a dangerous situation or is causing serious harm, or creating an imminent risk of serious harm, to road infrastructure; or (b) causing, or likely to cause, an obstruction to traffic or any event lawfully authorised to be held on a road or road related area; or (c) obstructing, or likely to obstruct, 1 or more vehicles entering or leaving land adjacent to a road or road related area.

(2) The authorised person may direct the driver of the vehicle, or a person who is apparently in charge of the vehicle, to do either or both of the (a) move the vehicle, or cause the vehicle to be moved, to the extent reasonably necessary to avoid the situation, harm or obstruction; (b) do anything else reasonably required by the authorised person, or to cause anything else reasonably required by the person to be done, to avoid the situation, harm or obstruction.

46 Offence—fail to comply with direction to move pt 3.2 vehicle—dangerous situation, harm or obstruction (a) is subject to a direction under section 45; and (3) This section does not apply to a defendant who is given a direction under section 45 (2) (a) if— (a) it was not practicable for the defendant to move the vehicle because the vehicle was broken-down; and (b) the breakdown happened for a physical reason beyond the defendant’s control; and

(c) the breakdown could not be readily rectified in a way that would allow the direction to be complied with within a reasonable time.

47 Direction to leave pt 3.2 vehicle (a) the driver of a part 3.2 vehicle fails to comply with a direction given by an authorised person under— (i) section 39 (Direction to stop pt 3.2 vehicle); or (ii) section 41 (Direction to move pt 3.2 vehicle); or (iii) section 43 (Direction to produce document etc); or (iv) section 45 (Direction to move pt 3.2 vehicle—dangerous situation, harm or obstruction); or (b) an authorised person believes on reasonable grounds that the driver of a part 3.2 vehicle is not qualified, not fit or not authorised to drive the vehicle in order to comply with the direction. (2) The authorised person may direct the driver to do 1 or more of the (a) leave the driver’s seat; (b) leave the vehicle; (c) not occupy the driver’s seat until allowed to do so by an authorised person; (d) not enter the vehicle until allowed to do so by an authorised

(3) The authorised person may direct anyone else to do either or both of the following: (a) leave the vehicle; (b) not enter the vehicle until allowed to do so by an authorised

48 Offence—fail to comply with direction to leave pt 3.2 (a) is subject to a direction under section 47; and

49 Direction in relation to immobilised pt 3.2 vehicle grounds that a part 3.2 vehicle is broken-down or otherwise immobilised on a road or road related area. (2) The authorised person may give a direction to the driver of the vehicle or a person apparently in charge of the vehicle about 1 or more of the (a) how repair work is to be done on the vehicle; (b) how the vehicle is to be towed off the road or road related area; (c) how any goods are to be removed from the vehicle;

(d) how any goods are to be dealt with after their removal from the

50 Offence—fail to comply with direction in relation to immobilised pt 3.2 vehicle (a) is subject to a direction under section 49; and

51 Direction in relation to pt 3.2 vehicle—dangerous situation (1) This section applies if a part 3.2 vehicle is involved in an incident resulting in a dangerous situation. (2) An authorised person may give directions to the driver or a person apparently in charge of the vehicle about— (a) the transport of any goods in the vehicle from the place of the incident; or (b) how otherwise to deal with the goods. (3) The direction must— (a) be in writing and signed by the authorised person; and (b) state the name of the person to whom it is given; and (c) identify the incident; and (d) identify the goods to which it relates.

Other powers in relation to pt 3.2 vehicles Division 3.2.3 (4) However, if it is not practicable to give the direction in writing, the direction may be given orally and confirmed in writing within 48 hours.

52 Offence—fail to comply with direction in relation to pt 3.2 vehicle—dangerous situation (a) is subject to a direction under section 51; and Division 3.2.3 Other powers in relation to pt 3.2

53 Moving unattended pt 3.2 vehicle—exercise other functions (1) This section applies if an authorised person— (a) believes on reasonable grounds that a part 3.2 vehicle is unattended on a road or road related area; and (b) is seeking to exercise a function in relation to the vehicle for compliance purposes; and (c) believes on reasonable grounds that the vehicle should be moved to allow or facilitate the exercise of the function. (2) The authorised person may move the vehicle (by driving or towing the vehicle or otherwise) to the extent reasonably necessary to allow or facilitate the exercise of the function.

(3) Also, the authorised person may authorise someone else (an authorised assistant) to move the vehicle (by driving or towing the vehicle or otherwise) to the extent reasonably necessary to allow or facilitate the exercise of the function. (4) The authorised person or authorised assistant may enter the vehicle to move the vehicle. (5) The authorised person or authorised assistant may use reasonable force to do 1 or more of the following: (b) gain access to the vehicle, or its engine or other mechanical components, to allow the vehicle to be moved; (c) allow the vehicle to be towed. (6) However, only a police officer may use force against a person. (7) The authorised person or authorised assistant may drive the vehicle only if qualified and fit to drive the vehicle.

54 Moving unattended and broken-down pt 3.2 vehicles— dangerous situation or obstruction grounds that a part 3.2 vehicle— (a) is unattended or broken-down; and (b) is— (i) causing a dangerous situation; or (ii) causing, or likely to cause, an obstruction to traffic or any event lawfully authorised to be held on a road or road related area; or

Other powers in relation to pt 3.2 vehicles Division 3.2.3 (iii) obstructing, or likely to obstruct, 1 or more vehicles entering or leaving land adjacent to a road or road related area. (2) The authorised person may move the vehicle (by driving or towing the vehicle or otherwise) to the extent reasonably necessary to avoid the dangerous situation or obstruction. (3) Also, the authorised person may authorise someone else (an authorised assistant) to move the vehicle (by driving or towing the vehicle or otherwise) to the extent reasonably necessary to avoid the dangerous situation or obstruction. (4) The authorised person or authorised assistant may enter the vehicle to move the vehicle. (5) The authorised person or authorised assistant may use reasonable force to the extent reasonably necessary to avoid the dangerous situation or obstruction. (6) However, only a police officer may use force against a person. (7) If an authorised person or authorised assistant moves a vehicle under this section, the person or assistant must tell the registered operator of the vehicle where the vehicle has been moved to.

55 Moving unattended and broken-down pt 3.2 vehicles— harm or obstruction—driver need not be qualified or licensed (1) This section applies if an authorised person or authorised assistant may move a vehicle under section 54. (2) The authorised person may drive the vehicle even though the person is not qualified to drive the vehicle, if the person believes on reasonable grounds that there is no one else in or near the vehicle who is more capable of driving it than the authorised person and who is fit and willing to drive it.

(3) The authorised assistant may drive the vehicle even though the assistant is not qualified to drive the vehicle, if the authorised person believes on reasonable grounds that there is no one else in or near the vehicle who is more capable of driving it than the assistant and who is fit and willing to drive it. (4) If an authorised person or authorised assistant is driving a vehicle under this section, this Act and the road transport legislation do not apply to the person or assistant to the extent that they require the person or assistant to be licensed or otherwise authorised to drive the Note 1 The defendant has an evidential burden in relation to the matters Note 2 Licensing of drivers is dealt with in the Road Transport (Driver Licensing) Act 1999 (see especially s 31). Note 3 A reference to an Act includes a reference to the statutory instruments authorised assistant—see section 54 (3).

56 Driving pt 3.2 vehicles—div 3.2.3—driver need not be authorised (1) It is immaterial that an authorised person or authorised assistant driving a vehicle under this division is not authorised to drive the vehicle by the operator of the vehicle. authorised assistant—see section 54 (3).

Part 3.3 Directions to give name, records and other things

57 Direction to give name and other personal details (1) This section applies if an authorised person suspects on reasonable grounds that a person— (a) has committed, is committing or is about to commit an offence against this Act; or (b) may be able to assist in the investigation of an offence, or suspected offence, against this Act. (2) The authorised person may direct the person to give the authorised person, immediately, any of the person’s personal details. (3) If the authorised person suspects on reasonable grounds that a personal detail given by a person in response to a direction under subsection (2) is false or misleading, the authorised person may direct the person to produce evidence immediately of the correctness of the detail. (4) If an authorised person gives a direction under this section to a person, the authorised person must tell the person— (a) the reasonable grounds for the suspicion mentioned in subsection (3); and (b) that it is an offence if the person fails to comply with the direction. (5) This section does not affect any other provision of this Act or any other territory law that requires a person to state or give any personal details.

personal details, for a person, means— (a) the person’s full name and date of birth; and (b) the person’s home address; and (c) if different from the person’s home address—the address of the place where the person is living; and (d) the person’s business address.

58 Offence—fail to comply with direction to give name and other personal details (a) is given a direction under section 57 (2) or (3); and Note It is an offence to make a false or misleading statement or give false or misleading information (see Criminal Code, pt 3.4). (3) This section does not apply to a person if the authorised person did not, before giving the direction, warn the person that failure to comply with the direction is an offence. (4) This section does not apply to a person who fails to comply with a direction to give the person’s business address if— (a) the person did not have a business address at the time the direction was given; or

(b) the person’s business address was not connected (directly or indirectly) with the transport of dangerous goods.

59 Direction to produce record, device or other thing (1) An authorised person may, for compliance purposes, direct a person to produce— (a) a record required to be kept under this Act by the person; or (b) a record required to be kept under this Act in the person’s possession or under the person’s control; or (c) a record, device or other thing that contains or may contain a record, in the person’s possession or under the person’s control relating to or indicating an offence. Note 3 See also s 67 (Protection from incrimination). (2) The direction must state— (a) the record, device or other thing that is to be produced; and (b) where and to whom the record, device or other thing is to be produced. Note Section 64 deals with the time for compliance.

(3) The authorised person may do 1 or more of the following: (a) inspect records, devices or other things that are produced; (b) make copies of, or take extracts from, records, devices or other things that are produced; (c) seize and remove records, devices or other things that are produced that the authorised person believes on reasonable grounds may on further inspection provide evidence of an offence against this Act. Note 3 Information obtained under this part may, for law enforcement, be given to a public authority of another jurisdiction (see s 181).

60 Offence—fail to comply with direction to produce record, device or other thing (a) is subject to a direction under section 59; and (3) This section does not apply to a person if the person has a reasonable excuse for failing to comply with the direction.

61 Direction to give information (1) An authorised person may, for compliance purposes, direct a person involved in the transport of dangerous goods to give information to the authorised person about a vehicle or any load or equipment carried, or intended to be carried, by a vehicle. (2) Without limiting subsection (1), a direction may require someone who is associated with a particular vehicle to give information about the current or intended journey of the vehicle, including— (a) the location of the start or intended start of the journey; and (b) the route or intended route of the journey; and (c) the location of the destination or intended destination of the journey. Note 3 It is an offence to make a false or misleading statement or give false or misleading information (see Criminal Code, pt 3.4).

62 Offence—fail to comply with direction to give information (a) is subject to a direction under section 61; and

(3) This section does not apply to a person if the person did not know, and could not be reasonably expected to know or find out, the information required under the direction.

Provisions about directions Part 3.4

63 How direction may be given (1) A direction under division 3.2.2 (Directions in relation to pt 3.2 vehicles) or part 3.3 (Directions to give name, records and other things) may be given— (b) in writing; or (c) by post, telephone, fax, email or radio; or (d) in any other way. (2) A direction under division 3.2.2 or part 3.3 may be given to a driver— (b) by means of a sign or signal (electronic or otherwise); or (c) in any other way. (3) However, a direction under section 43 (Direction to produce document etc) or section 57 (Direction to give name and other personal details) may only be given— (b) in writing. (4) This section does not apply in relation to a direction under section 51 (Direction in relation to pt 3.2 vehicle—dangerous situation).

64 Direction to state time for compliance (1) If given orally, a direction under division 3.2.2 (Directions in relation to pt 3.2 vehicles) or part 3.3 (Directions to give name, records and other things) must state whether the direction is to be complied with immediately or within a stated period.

(2) If given in writing, a direction under division 3.2.2 or part 3.3 must state the period within which the direction is to be complied with.

65 Amendment or cancellation of direction (1) An authorised person (including a police officer) may amend or cancel a direction given by an authorised person other than a police officer under division 3.2.2 (Directions in relation to pt 3.2 vehicles) or part 3.3 (Directions to give name, records and other things). (2) A police officer may amend or cancel a direction given by a police officer under division 3.2.2 or part 3.3.

66 Direction may be given under more than 1 provision (1) An authorised person may, on the same occasion, give directions under 1 or more provisions of division 3.2.2 (Directions in relation to pt 3.2 vehicles) or part 3.3 (Directions to give name, records and other things). (2) Without limiting subsection (1), an authorised person may, in the course of exercising a function under a provision of division 3.2.2 or part 3.3, give— (a) further directions under the provision; or (b) directions under 1 or more other provisions of division 3.2.2 or part 3.3.

67 Protection from incrimination (1) A person is not excused from a requirement to comply with a direction under division 3.2.2 (Directions in relation to pt 3.2 vehicles) or part 3.3 (Directions to give name, records and other things) on the ground that complying with the requirement might incriminate the person or make the person liable to a penalty.

Provisions about directions Part 3.4 (2) However, the following is not admissible in evidence against the person in a criminal proceeding (except a proceeding for an offence against division 3.2.2 or part 3.3): (a) a statement made or any information or answer given or provided by an individual in compliance with a direction under division 3.2.2 or part 3.3; (b) information directly or indirectly derived from a statement, information or answer mentioned in paragraph (a). (3) Any document produced by a person in compliance with a direction under division 3.2.2 or part 3.3, is not inadmissible in evidence against the person in a criminal proceeding on the ground that the document might incriminate the person. Note The Legislation Act, s 170 deals with the application of the privilege against self-incrimination.

Note This part authorises— (a) pt 3.2 vehicles to be entered, inspected and searched; and (b) premises occupied or controlled by a person involved in the transport of dangerous goods to be entered, inspected and searched; and (c) vehicles at the premises to be entered, inspected and searched; and (d) other premises and vehicles (including pt 3.2 vehicles) to be entered, inspected and searched.

68 Definitions—pt 3.5 at premises includes in or on the premises. connected—a thing is connected with an offence if— (a) the offence has been committed in relation to it; or (b) it will provide evidence of the commission of the offence; or (c) it was used, is being used, or is intended to be used, to commit the offence. occupier, of premises or a vehicle, includes— (a) a person believed on reasonable grounds to be an occupier of the premises or vehicle; and (b) a person apparently in charge of the premises or vehicle. offence includes an offence that there are reasonable grounds for suspecting has been, is being, or will be, committed. warrant means a warrant issued under division 3.5.5 (Search warrants).

Powers of authorised people in relation to pt 3.2 vehicles Division 3.5.2 Division 3.5.2 Powers of authorised people in relation to pt 3.2 vehicles

69 Application—div 3.5.2 This division applies in relation to a part 3.2 vehicle and driver to which part 3.2 applies. Note See s 38.

70 Power of authorised people to enter and inspect pt 3.2 (1) An authorised person may, for compliance purposes, enter and inspect a part 3.2 vehicle. (2) Without limiting subsection (1), the authorised person may do 1 or (a) weigh, test, measure or take photographs of the vehicle, any part of the vehicle or the vehicle’s equipment or load; (b) take, in accordance with section 104 (Sample-taking procedure), a sample of any part of the vehicle’s load; (c) check the existence or details of, or take photographs of, placards or other information required under this Act to be displayed in the vehicle or any load in it; (d) inspect and take copies of or extracts from any records that are located in the vehicle and that are required to be carried in the vehicle under this Act; (e) access or download information that is required to be kept under this Act and that is— (i) stored electronically in equipment located in the vehicle; or

Division 3.5.2 Powers of authorised people in relation to pt 3.2 vehicles (ii) accessible electronically from equipment located in the (3) This section does not authorise the use of force, but the authorised person may, under this section, do 1 or more of the following: (b) inspect anything that has been opened or otherwise accessed; (c) move, but not take away, anything that is locked up or sealed. (4) The authorised person may exercise a function under this section— (a) at any time; and (b) with or without the consent of the driver or other person apparently in charge of the vehicle, or anyone else.

71 Power of authorised people to enter and search pt 3.2 (1) An authorised person may, for compliance purposes, enter and search a part 3.2 vehicle if the person believes on reasonable grounds that— (a) the vehicle has been used, is being used, or is likely to be used, to commit an offence against this Act; or (b) the vehicle has been or may have been involved in a dangerous situation. Note 3 Dangerous situation—see the dictionary.

Powers of authorised people in relation to pt 3.2 vehicles Division 3.5.2 (2) The authorised person may form the necessary belief during or after an inspection of the vehicle or independently of an inspection. (3) Without limiting subsection (1), the authorised person may do 1 or (a) search for evidence of an offence against this Act; (b) search for and inspect a record, device or other thing that relates to the vehicle, any part of the vehicle or the vehicle’s equipment or load and that are located in the vehicle; (c) take copies of or extracts from 1 or more of the following: (i) any records that are located in the vehicle and that are required to be carried in the vehicle under this Act; (ii) any transport documentation located in the vehicle; (iii) any other record, or any readout of other data obtained from a device or thing, located in the vehicle that the authorised person believes on reasonable grounds provides, or may on further inspection provide, evidence of an offence against this Act; (d) take, in accordance with section 104 (Sample-taking procedure), a sample of any part of the vehicle’s load. (4) The authorised person may exercise a function under this section— (a) at any time; and (b) with or without the consent of the driver or other person apparently in charge of the vehicle, or anyone else. (5) The power to search a vehicle under this section does not include a power to search a person. (6) The authorised person may seize and remove a record, device or other thing from the vehicle that the person believes on reasonable grounds provides, or may on further inspection provide, evidence of an offence against this Act.

(7) The authorised person may use reasonable force in the exercise of a function under this section. (8) However, only a police officer may use force against a person.

72 Power to enter premises and vehicles (1) For compliance purposes or otherwise for this Act, an authorised person may— (a) at any reasonable time, enter premises or a vehicle that the public is entitled to use or that are open to the public (whether or not on payment); or (b) at any reasonable time, enter premises occupied or controlled by a person involved in the transport of dangerous goods, and enter any vehicle at the premises; or (c) at any time, enter premises or a vehicle with the occupier’s consent; or (d) enter premises or a vehicle in accordance with a warrant; or (e) at any time, enter premises or a vehicle if the authorised person suspects on reasonable grounds that the circumstances are so serious and urgent that immediate entry to the premises or vehicle without the authority of a warrant is necessary.

(2) However, subsection (1) (a) or (b) does not authorise, without consent, entry into premises— (a) that are apparently unattended, unless the authorised person believes on reasonable grounds that someone is in attendance; or (b) used, or a part of the premises used, predominantly for residential purposes. (3) To remove any doubt, premises are not being used for residential purposes only because temporary or casual sleeping or other accommodation is provided in the premises for drivers of vehicles. (4) Before an authorised person enters premises under subsection (1) (b), the authorised person must give the occupier of the premises reasonable notice of the intention to enter, unless giving notice would be reasonably likely to defeat the purpose for which it is intended to enter the premises. (5) An authorised person may, without the consent of the occupier of premises or a vehicle, enter the following land to ask for consent to enter the premises or vehicle: (a) land that is around, or part of, the premises; (b) land that is around the vehicle. (6) To remove any doubt, an authorised person may enter premises or a vehicle under subsection (1) without payment of an entry fee or other charge. (7) An authorised person may— (a) for subsection (1) (a), (b), (c) or (e)—enter premises or a vehicle with necessary assistance; and

(b) for subsection (1) (d)—enter premises or a vehicle with necessary assistance and force. Note A search warrant to enter premises or a vehicle, issued under this Act, permits an authorised person to enter premises or the vehicle with any necessary assistance and force (see s 89). (8) However, only a police officer may use force against a person. (9) In this section: necessary assistance, for an authorised person entering premises or a vehicle, includes the attendance of 1 or more people who, in the opinion of the authorised person, have knowledge or skills that could assist the authorised person to carry out the authorised person’s function. reasonable time, for entry into premises, includes a time when the public is entitled to use the premises or when the premises are open to or used by the public (whether or not on payment of money).

73 Production of identity card An authorised person must not remain at premises or in a vehicle entered under this division if the person does not produce the person’s identity card when asked by the occupier.

74 Consent to entry (1) When seeking the consent of an occupier of premises or a vehicle to enter the premises or vehicle under section 72 (1) (c), an authorised person must— (a) either— (i) if the person is an authorised person (other than a police officer)—produce the person’s identity card; or (ii) if the person is a police officer—produce evidence that the person is a police officer; and

(b) tell the occupier— (i) the purpose of the entry; and (ii) that anything seized under this division may be used in evidence in court; and (iii) that consent may be refused. (2) If the occupier consents, the authorised person must ask the occupier to sign a written acknowledgment (an acknowledgment of consent)— (a) that the occupier was told— (i) the purpose of the entry; and (ii) that anything found and seized under this division may be used in evidence in court; and (iii) that consent may be refused; and (b) that the occupier consented to the entry; and (c) stating the time and date consent was given. (3) If the occupier signs an acknowledgment of consent, the authorised person must immediately give a copy to the occupier. (4) A court must find that an occupier did not consent to entry to the premises or a vehicle by the authorised person under this division if— (a) the question arises in a proceeding in the court whether the occupier consented to the entry; and (b) an acknowledgment of consent is not produced in evidence; and (c) it is not proved that the occupier consented to the entry.

75 General powers on entry to premises and vehicles (1) An authorised person who enters premises or a vehicle under this division (whether with the occupier’s consent, under a warrant or otherwise) may, for compliance purposes or otherwise for this Act, do 1 or more of the following in relation to the premises or vehicle or anything at the premises or in the vehicle: (a) inspect or examine; (b) inspect and take copies of, or extracts from, any records required to be kept under this Act; (c) take measurements or conduct tests; (d) check the existence of and inspect any devices (including weighing, measuring, recording or monitoring devices) required to be installed, used or maintained under this Act and to inspect and take copies of, or extracts from, any readout or other data obtained from any of the devices; (e) take samples; (f) take photographs, films, or audio, video or other recordings; (g) use photocopying equipment at the premises to copy any records or other material; (h) require the occupier, or anyone at the premises, or anyone in or near the vehicle, to give the authorised person reasonable assistance to exercise a power under this division. Note 2 The Legislation Act, s 170 and s 171 deal with the application of the privilege against self-incrimination and client legal privilege. Note 3 For the power to enter, inspect and search pt 3.2 vehicles, see div 3.5.2 (Powers of authorised people in relation to pt 3.2 vehicles). Note 4 A reference to an Act includes a reference to the statutory instruments

(2) This section does not authorise the use of force, but the authorised person may, under this section, do 1 or more of the following: (b) inspect anything that has been opened or otherwise accessed under the power to use reasonable force under section 53 or section 54; (c) move, but not take away, anything that is locked up or sealed. (3) Also, an authorised person who enters premises or a vehicle under a warrant may search the premises or vehicle and anything at the premises or in the vehicle. (4) A person must take reasonable steps to comply with a requirement made of the person under subsection (1) (h). (5) An authorised person who enters premises under this section must not unnecessarily impede any activities being conducted at the premises.

76 Direction to give assistance (1) An authorised person may direct a person who is involved in the transport of dangerous goods to give reasonable assistance to the authorised person to allow the authorised person effectively to exercise a function in relation to goods with which the person is involved. (2) Without limiting subsection (1), the assistance may include helping the authorised person to do 1 or more of the following: (a) find and gain access to a record or information relating to a vehicle, including but not limited to— (i) a record or information required to be kept in a vehicle; or

(ii) a record or information in a useable form to find out its compliance with requirements under this Act; (b) find and gain access to electronically stored information; (c) weigh or measure— (i) all or part of a vehicle; or (ii) all or part of a vehicle’s equipment or load; (d) operate equipment or facilities for a purpose relevant to the function being or proposed to be exercised; (e) give access to photocopying equipment to copy any records or other material; (f) take a sample of any substance or packaging. (3) This section authorises the giving of a direction to run the engine of a vehicle, but not otherwise to drive the vehicle. (4) A direction— (a) may only be given in relation to a function under this Act (the principal function) while the principal function can lawfully be exercised; and (b) ceases to be operative if the principal function ceases to be exercisable. (5) A direction— (a) may be given orally, in writing or in any other way; and (b) if not given in person—may be sent or transmitted by post, telephone, fax, email, radio or in any other way.

77 Offence—fail to comply with direction to give assistance (a) is given a direction under section 76; and (3) This section does not apply to a person if— (a) the direction is unreasonable; or (b) without limiting paragraph (a), the direction or its subject matter is outside the scope of the business or other activities of the (4) It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that— (a) the defendant took reasonable steps to comply with the direction; and (b) it was not possible for the defendant to comply with the direction because of an act or event over which the defendant had no control. s (4) (see Criminal Code, s 59).

78 Use of assistants and equipment (1) An authorised person may exercise powers under this part with the aid of the assistants and equipment that the person considers reasonably necessary in the circumstances. (2) Powers that may be exercised by an authorised person under this part may be exercised by an assistant authorised and supervised by the authorised person, but only if the authorised person considers that it is reasonably necessary in the circumstances that the powers be exercised by an assistant.

79 Use of equipment to examine and process things (1) Without limiting section 78, an authorised person exercising a power under this part may bring to, or on to, premises or a vehicle any equipment reasonably necessary to examine or process things found at the premises or in the vehicle to decide whether they are things that may be seized. (2) A thing may be moved to another place for carrying out the examination or processing of the thing to decide if it is a thing that may be seized if— (a) the authorised person believes on reasonable grounds that it is not practicable to examine or process the thing at the premises or in the vehicle; or (b) the occupier of the premises or vehicle consents in writing. (3) The authorised person, or a person assisting the authorised person, may operate equipment already at the premises or in the vehicle to carry out the examination or processing of a thing found at the premises or in the vehicle, to decide whether it is a thing that may be seized, if the authorised person or person assisting believes on reasonable grounds that— (a) the equipment is suitable for the examination or processing; and

(b) the examination or processing can be carried out without damage to the equipment or thing.

80 Use and seizure of electronic equipment (a) an authorised person enters premises or a vehicle under section 72 (Power to enter premises and vehicles); and (b) a thing found in, on or at the premises or vehicle is, or includes, a disk, tape or other device for the storage of information; and (c) equipment in, on or at the premises or vehicle may be used with the disk, tape or other storage device; and (d) the authorised person believes on reasonable grounds that the information stored on the disk, tape or other storage device is relevant to deciding whether an offence has been committed. (2) The authorised person, or a person assisting the authorised person, may operate the equipment to access the information. (3) If the authorised person, or a person assisting the authorised person, finds that a disk, tape or other storage device in, on or at the premises or vehicle contains information of a kind mentioned in subsection (1) (d), the authorised person, or a person assisting the authorised person, may— (a) put the information in documentary form and seize the document produced; or (b) copy the information to another disk, tape or other storage device and remove the storage device from the premises or vehicle; or

(c) if it is not practicable to put the information in documentary form or to copy the information—seize the disk, tape or other storage device and the equipment that allows the information to be accessed. Note A record, device or other thing seized under this part, or information obtained under this part may, for law enforcement, be given to a public authority, including a public authority of another jurisdiction (see s 181). (4) An authorised person, or a person assisting an authorised person, must not operate or seize equipment under this section unless the authorised person, or person assisting, believes on reasonable grounds that the operation or seizure of the equipment can be carried out without damage to the equipment.

81 Power to seize things (1) An authorised person who enters premises or a vehicle under this division with the occupier’s consent may seize anything at the premises, or in the vehicle, if— (a) the authorised person believes on reasonable grounds that the thing is connected with an offence against this Act; and (b) seizure of the thing is consistent with the purpose of the entry told to the occupier when seeking the occupier’s consent. (2) An authorised person who enters premises or a vehicle under a warrant may seize anything at the premises, or in the vehicle, that the authorised person is authorised to seize under the warrant. (3) An authorised person who enters premises or a vehicle under this division (whether with the occupier’s consent, under a warrant or otherwise) may seize anything at the premises, or in the vehicle, if the authorised person believes on reasonable grounds that— (a) the thing is connected with an offence against this Act; and

(b) the seizure is necessary to prevent the thing from being— (i) concealed, lost or destroyed; or (ii) used to commit, continue or repeat the offence. (4) Also, an authorised person who enters premises or a vehicle under this division (whether with the occupier’s consent, under a warrant or otherwise) may seize anything at the premises, or in the vehicle, if the authorised person believes on reasonable grounds that the thing— (a) puts the health or safety of people at risk; or (b) may cause damage to property or the environment. (5) The powers of an authorised person under subsections (3) and (4) are additional to the powers of the person under subsections (1) and (2) and any other territory law. Note A record, device or other thing seized under this part, or information obtained under this part may, for law enforcement, be given to a public authority, including a public authority of another jurisdiction (see s 181).

82 Removal of seized thing An authorised person who seizes a thing under this division may remove the thing from the premises where, or vehicle from which, it was seized to another place.

83 Receipt for seized thing (1) As soon as practicable after an authorised person seizes a thing (other than a sample) under this part, the person must give a receipt for it to the person from whom it was seized. (2) If, for any reason, it is not practicable to comply with subsection (1), the authorised person must leave the receipt, secured conspicuously, at the premises where the thing was seized or on the vehicle from which the thing was seized.

(3) The receipt must include the following: (a) a description of the thing seized; (b) why the thing was seized; (c) the authorised person’s name, and information about how to contact the person; (d) if the thing is removed from the premises or vehicle— the address where the thing is to be taken.

84 Power to destroy unsafe thing (1) This section applies to anything inspected or seized under this part by an authorised person if the person is satisfied on reasonable grounds that the thing— (a) puts the health or safety of people at risk; or (b) is likely to cause damage to property or the environment. (2) The authorised person may— (a) destroy or otherwise dispose of the thing; or (b) if the thing is at premises—give a written direction to an occupier of the premises to destroy or otherwise dispose of the thing; or (c) if the thing is in a vehicle—give a written direction to an occupier of the vehicle to destroy or otherwise dispose of the thing. (3) The direction may state 1 or more of the following: (a) how the thing must be destroyed or otherwise disposed of; (b) how the thing must be kept until it is destroyed or otherwise disposed of; (c) the period within which the thing must be destroyed or otherwise disposed of.

Embargo notices Division 3.5.4 (4) A person must comply with a direction given to the person under subsection (2) (b) or (c). (5) An offence against this section is a strict liability offence. (6) Costs incurred by the Territory in relation to the disposal of a thing under subsection (2) (a) are a debt owing to the Territory by, and are recoverable together and separately from, the following people: (a) the person who owned the thing; (b) if the thing was at premises when inspected or seized— each occupier of the premises; (c) if the thing was in a vehicle when inspected or seized— each registered operator of the vehicle. Note An amount owing under a law may be recovered as a debt in a court of competent jurisdiction or the ACAT (see Legislation Act, s 177).

85 Embargo notices (a) an authorised person is authorised to seize something under this part; and (b) the thing cannot, or cannot readily, be physically seized and removed. (2) The authorised person may issue a notice (an embargo notice) forbidding the movement, sale, leasing, transfer, deletion of information from or other dealing with the thing, or part of the thing, without the written consent of the authorised person or responsible person for the authorised person.

(3) The embargo notice must— (a) contain the particulars (if any) prescribed by regulation; and (b) list the activities that it forbids; and (c) set out a copy of section 87 (Offence—fail to prevent someone else doing something forbidden by embargo notice). (4) The authorised person issues the notice— (a) by giving a copy of the notice to the person with responsibility for the premises or vehicle where the embargoed thing is; or (b) if the person with responsibility cannot be located after reasonable steps have been taken to locate the person— by attaching a copy of the notice to the embargoed thing in a prominent position. (5) Despite anything in any other Act, a sale, lease or transfer or other dealing with an embargoed thing, or part of an embargoed thing, in contravention of an embargo notice is void.

86 Offence—fail to comply with embargo notice (a) the person knows that an embargo notice is in force for a thing; and (i) does something that is forbidden by the embargo notice; or (ii) instructs someone else to do something that is forbidden by the embargo notice. (2) Strict liability applies to subsection (1) (b).

Embargo notices Division 3.5.4 (3) This section does not apply to a person if— (a) the offence is made up of moving the thing or part of the thing; and (i) moves the thing, or part of the thing, to protect or preserve the thing; or (ii) instructs someone else to move the thing, or part of the thing to protect or preserve the thing; and (c) the person told the authorised person who issued the embargo notice about the move, and of the new location of the thing or part of the thing, within 48 hours after the move.

87 Offence—fail to prevent someone else doing something forbidden by embargo notice (a) an embargo notice has been given to the person; and (b) the person fails to take reasonable steps to prevent someone else from doing something forbidden by the notice.

88 Revocation of embargo notice An embargo notice in force for a thing must be revoked if, had the thing been seized under this part, it would have to be returned to its owner, or reasonable compensation paid by the Territory to the owner for its loss, under section 98 (Return of seized thing).

89 Warrants generally (1) An authorised person may apply to a magistrate for a warrant to enter and search premises or a vehicle. (2) The application must be sworn and state the grounds on which the warrant is sought. Note Swear an oath includes make an affirmation (see Legislation Act, dict, pt 1, def swear). (3) The magistrate may refuse to consider the application until the authorised person gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires. (4) The magistrate may issue a warrant only if satisfied there are reasonable grounds for suspecting— (a) there is a particular thing or activity connected with an offence (b) the thing or activity— (i) is, or is being engaged in, at the premises or in the vehicle; or (ii) may be, or may be engaged in, at the premises or in the vehicle within the next 3 days. (5) Also, the magistrate may issue a warrant only if satisfied there are reasonable grounds for suspecting— (a) a vehicle has been, or may have been, involved in an offence against this Act or a dangerous situation; and

(b) either— (i) the vehicle is, or has been, located at the premises; or (ii) the premises are, or may be, connected (directly or indirectly) with the vehicle or part of the vehicle’s equipment or load. (6) The warrant must state— (a) that an authorised person may, with necessary assistance and force, enter the premises or vehicle and exercise the person’s powers under this part; and Note 1 An authorised person may enter the premises or vehicle with necessary assistance and force (see s 72 (7) (b)). However, only a police officer may use force against a person (see s 72 (8)). Note 2 An authorised person’s powers include the power to search the premises or vehicle (see s 75 (3)). (b) the reason for which the warrant is issued; and (c) the things that may be seized under the warrant; and (d) the hours when the premises or vehicle may be entered; and (e) the date (within 3 days after the day the warrant is issued) that the warrant ends. (7) In this section: connected—an activity is connected with an offence if— (a) the offence has been committed by engaging or not engaging in it; or (b) it will provide evidence of the commission of the offence.

90 Warrants—application made other than in person (1) An authorised person may apply for a warrant by phone, fax, email, radio or other form of communication if the person considers it necessary because of— (a) urgent circumstances; or (b) other special circumstances. (2) Before applying for the warrant, the authorised person must prepare an application stating the grounds on which the warrant is sought. (3) The authorised person may apply for the warrant before the application is sworn.

91 Warrants—issue on application made other than in (1) After issuing the warrant, the magistrate must immediately provide a written copy to the authorised person if it is practicable to do so. (2) If it is not practicable to provide a written copy to the authorised person— (a) the magistrate must tell the person— (i) the date and time the warrant was issued; and (ii) the warrant’s terms; and (b) the authorised person must complete a form of warrant (the warrant form) and write on it— (i) the magistrate’s name; and (ii) the date and time the magistrate issued the warrant; and (iii) the warrant’s terms.

(3) The written copy of the warrant, or the warrant form properly completed by the authorised person, authorises the entry and exercise of the person’s powers under the warrant. Note Authorised people have additional powers under this part (see eg, s 75 and s 81 (3)). (4) The authorised person must, at the first reasonable opportunity, send to the magistrate— (a) the sworn application; and (b) if the person completed a warrant form—the completed warrant form. (5) On receiving the documents, the magistrate must attach them to the warrant. (6) A court must find that a power exercised by an authorised person was not authorised by a warrant under this section if— (a) the question arises in a proceeding in the court whether the exercise of power was authorised by a warrant; and (b) the warrant is not produced in evidence; and (c) it is not proved that the exercise of power was authorised by a warrant under this section.

92 Warrants—announcement before entry (1) An authorised person must, before anyone enters premises or a vehicle under a warrant— (a) announce that the person is authorised to enter the premises or (b) give anyone at the premises or in the vehicle an opportunity to allow entry to the premises or vehicle; and

(c) if the occupier of the premises or vehicle, or someone else who apparently represents the occupier, is present at the premises or in the vehicle—identify himself or herself to the person. (2) The authorised person is not required to comply with subsection (1) if the person believes on reasonable grounds that immediate entry to the premises or vehicle is required to ensure— (a) the safety of anyone in relation to the subject-matter of the warrant; or (b) the safety of the authorised person or anyone assisting the person; or (c) that the effective execution of the warrant is not frustrated.

93 Details of warrant to be given to occupier etc (1) If the occupier of premises or a vehicle, or someone else who apparently represents the occupier, is present at the premises or in the vehicle while a warrant is being executed, the authorised person or anyone assisting must make available to the person— (a) a copy of the warrant or warrant form; and (b) a document setting out the rights and obligations of the person. warrant form—see section 91 (2) (b) (Warrants—issue on application made other than in person).

94 Occupier entitled to observe search etc (1) If the occupier of premises or a vehicle, or someone else who apparently represents the occupier, is present at the premises or in the vehicle while a warrant is being executed, the person is entitled to observe the search being conducted.

(2) However, the person is not entitled to observe the search if— (a) to do so would impede the search; or (b) the person is under arrest, and allowing the person to observe the search being conducted would interfere with the purpose of the search. (3) This section does not prevent 2 or more areas of the premises or vehicle being searched at the same time.

95 Moving things to another place for examination or processing under warrant (1) A thing found at premises, or in a vehicle, entered under a warrant may be moved to another place for examination or processing to decide whether it may be seized under the warrant if— (a) both of the following apply: (i) there are reasonable grounds for believing that the thing is or contains something to which the warrant relates; (ii) it is significantly more practicable to do so having regard to the timeliness and cost of examining or processing the thing at another place and the availability of expert assistance; or (b) the occupier of the premises or vehicle agrees in writing. (2) The thing may be moved to another place for examination or processing for not longer than 72 hours. (3) An authorised person may apply to a magistrate for an extension of time if the person believes on reasonable grounds that the thing cannot be examined or processed within 72 hours. (4) The authorised person must give notice of the application to the occupier of the premises or vehicle, and the occupier is entitled to be heard on the application.

(5) If a thing is moved to another place under this section, the authorised person must, if practicable— (a) tell the occupier of the premises or vehicle the address of the place where, and time when, the examination or processing will be carried out; and (b) allow the occupier or the occupier’s representative to be present during the examination or processing. (6) The provisions of this division relating to the issue of warrants apply, with any necessary changes, to the giving of an extension under this section.

96 Meaning of responsible person—div 3.5.6 responsible person, in relation to a thing seized by an authorised person, means— (a) for an authorised person other than a police officer— the appointing competent authority; or (b) for a police officer—a senior police officer.

97 Access to seized thing (1) A person who would, apart from the seizure, be entitled to inspect a thing seized under this part may, at any reasonable time— (a) inspect it; and (b) if it is a document—take extracts from it or make copies of it.

(2) This section does not apply to— (a) a thing seized under section 81 (4) (which is about seizing things that put the health or safety of people at risk or may cause damage to property or the environment); or (b) a thing if possession of it by the person otherwise entitled to inspect it would be an offence.

98 Return of seized thing (1) If a thing was seized under this part and 1 of the circumstances set out in section 99 applies— (a) the thing must be returned to its owner; or (b) if the thing cannot be returned to its owner because it is lost— reasonable compensation must be paid by the Territory to the owner. Note 1 Lost includes destroyed and spoiled (see s (4)). Note 2 The thing must be returned, or compensation paid, as soon as possible (see Legislation Act, s 151B). (2) However, a thing is not required to be returned, or reasonable compensation is not required to be paid, if— (a) the thing is the subject of an application to a court, or a court order, in relation to the seizure or forfeiture of the thing; and (b) the application or order is made in relation to the thing under another law in force in the ACT. An application for the forfeiture of the seized thing is made to a court under the Confiscation of Criminal Assets Act 2003.

(3) Also, a thing is not required to be returned, or reasonable compensation is not required to be paid, if— (a) the thing was seized under section 81 (4) (which is about seizing things that put the health or safety of people at risk or may cause damage to property or the environment); or (b) the responsible person believes on reasonable grounds that the only practical use of the thing in relation to the premises where the thing was seized or vehicle from which it was seized would be an offence against this Act or another law in force in the ACT; or (c) possession of it by its owner would be an offence. lost includes destroyed and spoiled.

99 Circumstances—s 98 (1) The circumstances for section 98 are as follows: (a) an infringement notice for an offence relating to the thing is not seized, and a prosecution for an offence relating to the thing— (i) is not started within the 1-year period; or (ii) is started within the 1-year period but the offence is finally Examples—offence finally dealt with in owner’s favour 1 a court finds the owner not guilty of the offence 2 a court finds the owner guilty of the offence, the owner appeals against the conviction and the appeal court sets the conviction aside 3 a court permanently stays the criminal proceeding against the owner

(b) an infringement notice for an offence relating to the thing is seized, the infringement notice is withdrawn and a prosecution for an offence relating to the thing— (i) is not started within the 1-year period; or (ii) is started within the 1-year period but the offence is finally (c) an infringement notice for an offence relating to the thing is served on the owner and not withdrawn within 1 year after the day the thing was seized, liability for the offence is disputed in accordance with the Magistrates Court Act 1930, section 132 (Disputing liability for infringement notice offence) and an information— (i) is not laid in the Magistrates Court against the person for the offence within 60 days after the day notice is given under section 132 that liability is disputed; or (ii) is laid in the Magistrates Court against the person for the offence within the 60-day period but the offence is finally (d) an infringement notice for an offence relating to the thing is seized, and the infringement notice penalty for the offence is paid; (e) the responsible person becomes satisfied that there is no offence against this Act with which the thing is connected; (f) the responsible person decides not to have an infringement notice served for the offence; (g) the responsible person or prosecutor decides not to prosecute.

infringement notice penalty—see the Magistrates Court Act 1930, section 117.

100 Application for order disallowing seizure (1) A person claiming to be entitled to anything seized under this part may apply to the Magistrates Court for an order disallowing the seizure within 10 days after the day the thing was seized. (2) However, this section does not apply to a thing seized under section 81 (4) (which is about the seizure of a thing that puts the health or safety of people at risk or may cause damage to property or the environment). (3) The application may be heard only if the applicant has served a copy of the application on the responsible person. (4) The responsible person is entitled to appear as a respondent at the hearing of the application.

101 Order disallowing seizure (1) This section applies if a person claiming to be entitled to anything seized under this part applies to the Magistrates Court under section 100 for an order disallowing the seizure. (2) The Magistrates Court must make an order disallowing the seizure if satisfied that— (a) the applicant would, apart from the seizure, be entitled to the return of the seized thing; and (b) the thing is not connected with an offence against this Act; and (c) possession of the thing by the person would not be an offence. (3) The Magistrates Court may also make an order disallowing the seizure if satisfied there are exceptional circumstances justifying the making of the order.

(4) If the Magistrates Court makes an order disallowing the seizure, the court may also make 1 or more of the following orders: (a) an order directing the responsible person to return the thing to the applicant or to someone else who appears to be entitled to it; (b) if the thing cannot be returned or has depreciated in value because of the seizure—an order directing the Territory to pay reasonable compensation; (c) an order about the payment of costs in relation to the application.

102 Forfeiture of seized thing (a) anything seized under this part is not destroyed or otherwise disposed of under section 84 (Power to destroy unsafe thing) is not required to, or cannot, be returned under section 98 (Return of seized thing); and (b) an application for disallowance of the seizure under section 100 (Application for order disallowing seizure)— (i) is not made within 10 days after the day the thing was seized; or (ii) is made within the 10-day period, but the application is refused or withdrawn before a decision in relation to the application is made. (2) If this section applies to the seized thing, the thing— (a) is forfeited to the Territory; and (b) may be sold, destroyed or otherwise disposed of as the responsible person directs.

103 Cost of disposal of forfeited thing (a) a person is convicted, or found guilty, of an offence against this Act in relation to a thing forfeited to the Territory under this part; and (b) the thing is connected with an offence against this Act; and (c) the person was the owner of the thing immediately before its forfeiture; and (d) the Territory disposes of the thing. Note 1 Found guilty—see the Legislation Act, dictionary, pt 1. (2) Costs incurred by the Territory in relation to the disposal of the thing are a debt owing to the Territory by the person. Note An amount owing under a law may be recovered as a debt in a court of competent jurisdiction or the ACAT (see Legislation Act, s 177). dispose of a thing includes store the thing.

Enforcement—miscellaneous Division 3.5.7

104 Sample-taking procedure (1) An authorised person may take a sample from premises or a vehicle under this part only if— (a) it is safe to take the sample; and (b) the taking of the sample will not result in a dangerous situation. (2) Unless it is not safe to do so, the authorised person must, immediately after taking a sample of a substance, divide the sample into the following parts: (a) 1 part that is to be kept for future comparison; (b) 1 part that is to be given to the person from whom the sample is taken; (c) if the person intends to have the sample tested or analysed— 1 part for the testing or analysis. (3) Immediately after dividing the sample, the authorised person must— (a) put each part of the sample in packaging in a way that prevents the contamination of the part; and (b) mark or label the packaging in a way that allows the part to be identified; and (c) give 1 of the parts to the person from whom the sample is taken. (4) If an authorised person intends to take a sample of any packaging from premises or a vehicle, before removing the packaging from the premises or vehicle, the person must give a written receipt that identifies the sample to the person from whom the sample is taken.

(5) If an authorised person finds many packages at premises or in a vehicle, and the packages appear to be identical, the person may take 1 or more of the packages as samples. (6) Immediately after taking the sample packages, the authorised person must— (a) put each package in packaging in a way that prevents contamination of the package; and (b) mark or label the packaging in a way that allows the package to be identified; and (c) give 1 of the packages to the person from whom the sample is taken. (7) If a person who is offered part of a sample under subsection (3) (c), or a sample package under subsection (6) (c), refuses to accept it, the authorised person must keep the part or package. (8) The authorised person must give the part or package to the person to whom it is offered if the person later asks the person for it. (9) In this section: person from whom the sample is taken means— (a) if the sample is taken from premises—the occupier of the premises; or (b) if the sample is taken from a vehicle—the driver of the vehicle, or the person apparently in charge of the vehicle.

105 Damage etc to be minimised (1) In the exercise, or purported exercise, of a function under this part, an authorised person must take reasonable steps to ensure that the authorised person, and anyone assisting the authorised person, causes as little inconvenience, detriment and damage as practicable.

Enforcement—miscellaneous Division 3.5.7 (2) If an authorised person, or anyone assisting an authorised person, damages anything in the exercise or purported exercise of a function under this part, the authorised person must give written notice of the particulars of the damage to the person the authorised person believes on reasonable grounds is the owner of the thing. (3) If the damage happens at premises or to a vehicle entered under this part in the absence of the occupier, the notice may be given by leaving it, secured conspicuously, at the premises or on the vehicle.

106 Restoring vehicle, premises etc to original condition after action taken (a) an authorised person, or anyone assisting an authorised person, takes action in the exercise or purported exercise of a function under this part in relation to premises or a vehicle or a vehicle’s equipment or load; and (b) damage is caused by the unreasonable exercise of the function or by the use of force that is not authorised under this part. (2) The authorised person, or person assisting, must take reasonable steps to return the premises, vehicle, equipment or load to the condition it was in immediately before the action was taken.

107 Compensation for exercise of enforcement powers (1) A person may claim compensation from the Territory if the person suffers loss or expense because of the exercise, or purported exercise, of a function under this part by an authorised person or anyone assisting an authorised person. (2) Compensation may be claimed and ordered in a proceeding for— (a) compensation brought in a court of competent jurisdiction; or (b) an order under section 100 (Application for order disallowing seizure); or

(c) an offence against this Act brought against the person making the claim for compensation. (3) A court may order the payment of reasonable compensation for the loss or expense only if satisfied it is just to make the order in the circumstances of the particular case. (4) A regulation may prescribe matters that may, must or must not be taken into account by the court in considering whether it is just to make the order.

Improvement notices Division 3.6.1

108 Definitions—div 3.6.1 due date and time, for an improvement notice— (a) means the date and time (if any) stated in the improvement notice; and (b) if the date and time (if any) is extended under section 110 (Extensions of date or time to comply with improvement notices)—includes the extended date and time. offender—see section 109.

109 Improvement notices (1) An authorised person may give a person (the offender) a written notice (an improvement notice) if the authorised person believes on reasonable grounds that the offender— (a) has failed to comply with a provision of this Act; or (b) is failing to comply with a provision of this Act; or (c) is likely to fail to comply with a provision of this Act. (2) An improvement notice may require the offender to remedy— (a) the failure to comply or likely failure to comply; or (b) the matters or activities causing the failure to comply or likely failure to comply.

(3) Also, an improvement notice may state the method to be used to achieve the remedy. (4) An improvement notice must state the following: (a) that the notice is issued under this section; (b) that the authorised person believes on reasonable grounds that the offender has failed to comply, is failing to comply or is likely to fail to comply, with a provision of this Act; (c) the reasons for the belief; (d) the provision of this Act in relation to which the belief is held; (e) that the offender must comply with the notice not later than the date and time (if any) stated in the notice. (5) The authorised person must not set a date or time for compliance with the notice unless satisfied that the date or time is reasonable, having regard to— (a) the severity of any relevant risks; and (b) the nature of the failure to comply or likely failure to comply.

110 Extensions of date or time to comply with improvement notices (a) an offender has been given an improvement notice; and (b) the due date and time for the improvement notice has not passed. (2) An authorised person may, by written notice given to the offender, extend the due date and time for the improvement notice— (a) on the person’s own initiative; or

Improvement notices Division 3.6.1 (b) if asked by the offender. (3) The due date and time may be extended more than once.

111 Offence—fail to comply with improvement notice (a) is subject to an improvement notice; and (b) fails to comply with a requirement of the notice. Maximum penalty: 100 penalty units, imprisonment for 6 months or excuse for failing to comply with the requirement. (3) It is a defence to a prosecution for an offence against this section if the defendant proves that— (a) either— (i) the alleged failure to comply, or likely failure to comply, to which the improvement notice relates was remedied; or (ii) the matters or activities causing the alleged failure to comply, or likely failure to comply, to which the improvement notice relates were remedied; and (b) the remedy was achieved not later than the due date and time; and (c) the method used for achieving the remedy was different from the method stated in the improvement notice. s (3) (see Criminal Code, s 59).

112 Amendment of improvement notices (1) An improvement notice given by an authorised person other than a police officer may only be amended by an authorised person other than a police officer. (2) An improvement notice given by a police officer may only be amended by a police officer. (3) An authorised person may amend an improvement notice given to a person by giving the person a written notice (an improvement amendment notice) stating the terms of the amendment. (4) An amendment of an improvement notice is ineffective if it purports to deal with a failure to comply with a provision of this Act different from the provision dealt with in the improvement notice it purports to amend. (5) An improvement amendment notice must state— (a) the reasons for the amendment; and (b) that the notice is given under this section.

113 Cancellation of improvement notices (1) An improvement notice given by a police officer may only be cancelled by— (a) the officer; or (b) a police officer who is senior in rank to the person who gave the (c) the chief police officer.

Formal warnings Division 3.6.2 (2) An improvement notice given by an authorised person other than a police officer may only be cancelled by— (a) the person; or (b) the appointing competent authority. (3) Written notice of the cancellation of an improvement notice must be given to the person to whom the improvement notice was given.

114 Clearance certificates (1) An authorised person may issue a certificate (a clearance certificate) to the effect that a stated requirement, or all requirements, of an improvement notice have been complied with. (2) A stated requirement of an improvement notice ceases to be operative when the person to whom the notice was given receives a clearance certificate to the effect that— (a) the requirement has been complied with; or (b) all requirements of the notice have been complied with.

115 Definitions—div 3.6.2 action includes the issue of an infringement notice. formal warning—see section 116. offender—see section 116.

116 Formal warnings (1) This section applies if an authorised person may take action against a person (the offender) for failure to comply with this Act. (2) The authorised person may, instead of taking other action against the offender, formally warn (a formal warning) the offender if the person believes on reasonable grounds that— (a) the offender— (i) took reasonable steps to prevent the failure to comply; and (ii) was unaware of the failure to comply; and (b) it is appropriate to deal with the failure to comply by way of a formal warning under this section. (3) A formal warning must be in writing.

117 Withdrawal of formal warnings (1) A formal warning given by an authorised person may be withdrawn by the responsible person for the authorised person by giving the offender a notice of withdrawal not later than 21 days after the day the formal warning is given. (2) After the formal warning has been withdrawn, action may be taken against the person for the failure to comply.

118 Meaning of dangerous activity—pt 3.7 dangerous activity means an activity— (a) that relates to the transport of dangerous goods by road; and (b) that is happening or may happen in relation to or in the immediate vicinity of the dangerous goods; and (c) that creates or could create a dangerous situation or a risk to the safety of anyone.

119 Prohibition notices—general grounds that a dangerous activity is happening or may happen. (2) The authorised person may give a person who has or appears to have control over the dangerous activity a written notice (a prohibition notice) that prohibits the person— (a) from carrying on the activity; or (b) from carrying on the activity in a stated way. (3) A prohibition notice— (a) has effect when it is given to the person or, if a later day or time is stated in the notice, on the stated day or at the stated time; and (b) is in force until it is withdrawn.

120 Oral direction may be given before prohibition notice grounds that— (a) a dangerous activity is happening or may happen; and (b) that it is not reasonable or immediately possible to give a prohibition notice. (2) The authorised person may orally direct a person who has, or appears to have, control over the activity to do or not to do a stated act. (3) The authorised person must— (a) state the reason for giving the direction; and (b) tell the person that it is an offence if the person fails to comply with the direction. (4) A direction to person in relation to a dangerous activity ceases to have effect if a prohibition notice in relation to the activity is not given to the person within 5 days after the day the direction is given.

121 Offence—fail to comply with oral direction (a) is given a direction under section 120; and excuse for failing to comply with the direction.

(3) Also, this section does not apply to a person if the authorised person did not, before giving the direction, warn the person that failure to comply with the direction is an offence. mentioned in s (2) and s (3) (see Criminal Code, s 58).

122 Prohibition notices—content (1) A prohibition notice must— (a) state that the notice is a prohibition notice; and (b) require the person to stop the dangerous activity or to stop carrying it out in a stated way; and (c) state the basis for the authorised person’s belief that the activity is a dangerous activity; and (d) if the authorised person believes that the dangerous activity involves a contravention of a law, state the law and the relevant provision of the law; and (e) state the penalty for failing to comply with the notice. (2) A prohibition notice may include a direction about the measures to be taken to minimise or eliminate the risk caused by the dangerous activity. (3) A direction may offer a choice of ways to minimise or eliminate the risk caused by the dangerous activity. (4) A prohibition notice that prohibits the carrying out of an activity in a stated way may do so by stating— (a) a place where the activity may not be carried out; or (b) any thing that may not be used in connection with the activity; or

(c) any procedure that may not be followed in connection with the activity.

123 Offence—fail to comply with prohibition notice (a) is given a prohibition notice; and (b) fails to comply with a requirement of the notice. excuse for failing to comply with the requirement.

124 Amendment of prohibition notices (1) A prohibition notice given by an authorised person other than a police officer may only be amended by an authorised person other than a police officer. (2) A prohibition notice given by a police officer may only be amended by a police officer. (3) An authorised person may amend a prohibition notice given to a person by giving the person a written notice stating— (a) the terms of the amendment; and (b) the reasons for the amendment; and (c) that the notice is given under this section.

(4) An amendment of a prohibition notice is ineffective if it purports to deal with a failure to comply with a provision of a law different from the provision dealt with in the prohibition notice it purports to amend.

125 Withdrawal of prohibition notices (1) A prohibition notice must be withdrawn if the activity the subject of the notice is not, or is no longer, a dangerous activity. (2) A prohibition notice given by a police officer may only be withdrawn by— (a) a police officer who is senior in rank to the person who gave the (b) the chief police officer. (3) A prohibition notice given by an authorised person other than a police officer may only be withdrawn by the appointing competent authority. (4) Written notice of the withdrawal of a prohibition notice must be given to the person to whom the prohibition notice was given.

126 Proceeding for offence not affected by prohibition notice The service, amendment or withdrawal of a prohibition notice does not affect any proceeding for an offence against this Act.

127 Meaning of associate—pt 3.8 (1) For this part, a person is an associate of someone else if— (a) 1 of them is a spouse, parent, brother, sister or child of the other; or (b) both are members of the same household; or (c) they are partners; or (d) both are trustees or beneficiaries of the same trust, or 1 is a trustee and the other is a beneficiary of the same trust; or (e) 1 person is a corporation and the other person is a director or member of the governing body of the corporation; or (f) 1 person is a corporation (other than a public company whose shares are listed on a stock exchange) and the other person is a shareholder in the corporation; or (g) they are related bodies corporate; or (h) a chain of relationships can be traced between them under 1 or more of paragraphs (a) to (g). beneficiary, of a trust, includes an object of a discretionary trust. related body corporate—see the Corporations Act, section 9 (Dictionary).

Proceedings for offences Division 3.8.1A Division 3.8.1A Proceedings for offences

127A Proceedings for offences A proceeding for an offence against this Act may be dealt with summarily.

127B Proceedings may be brought by authorised person A proceeding for an offence against this Act may be brought by an

127C Period within which proceedings for offences may be commenced (1) Unless this Act otherwise provides, proceedings for an offence may be commenced within— (a) 2 years after the day of commission of the offence; or (b) if the period mentioned in paragraph (a) has expired—within 12 months after the day an authorised person first obtained evidence of the commission of the offence considered reasonably sufficient by the person to warrant commencing proceedings. (2) For subsection (1), a certificate issued by an authorised person that states the date when the person first obtained evidence mentioned in subsection (1) (b), is admissible in proceedings as evidence of the matter.

128 Penalties imposed by courts (1) A court that convicts a person, or finds a person guilty, of an offence against this Act may impose 1 or more penalties under this part. (2) Without affecting a court’s discretion, the court must consider, when imposing more than 1 penalty under this part, the combined effect of the penalties imposed. (3) Nothing in this part affects a discretion or power that a court or other person or body has apart from this part. (4) If orders are made under this part, whether by the same or different courts, which result in a supervisory intervention order and an exclusion order being in force at the same time in relation to the same person, the supervisory intervention order is taken to be suspended for the period the exclusion order is in force. Note Supervisory intervention orders are dealt with in div 3.8.4. Exclusion orders are dealt with in div 3.8.5. Division 3.8.2 Commercial benefits penalty orders

129 Commercial benefits penalty orders (1) A court that convicts a person, or finds a person guilty, of an offence against this Act may, on the application of the prosecutor or a competent authority, make an order (a commercial benefits penalty order) under this section.

Commercial benefits penalty orders Division 3.8.2 (2) The court may make a commercial benefits penalty order requiring the person to pay, as a fine, an amount not more than 3 times the amount estimated by the court to be the gross commercial benefit that— (a) was received or receivable, by the person or an associate of the person, from the commission of the offence; or (b) for a journey that was interrupted or not begun because of action taken by an authorised person in relation to the commission of the offence—would have been received or receivable, by the person or an associate of the person, from the commission of the offence had the journey been completed. Note The court’s estimate of gross commercial benefit is dealt with in s 130. (3) However, the court must not make a commercial benefits penalty order for an amount that is more than the maximum amount if the offence in relation to which the order is made is a strict liability offence. (4) Nothing in this section prevents the court from ordering payment of an amount that is— (a) less than 3 times the estimated gross commercial benefit; or (b) less than the estimated gross commercial benefit. maximum amount means the amount that, if it were the amount of a penalty for an offence expressed as a number of penalty units, is 50 penalty units.

130 Commercial benefits penalty orders—estimating gross commercial benefit (1) In estimating the gross commercial benefit that was, or would have been, received or receivable from the commission of the offence, the court may take into account— (a) benefits of any kind, whether monetary or otherwise; and (b) any other matter that the court considers relevant. Examples—par (b) 1 the value of goods involved in the offence 2 the distance over which goods involved in the offence were, or were to be, carried (2) However, in estimating the gross commercial benefit that was, or would have been, received or receivable from the commission of the offence, the court must disregard any cost, expense or liability incurred by the person or an associate of the person.

131 Penalties involving licences (1) This section applies if a court convicts a driver of a vehicle, or finds a driver of a vehicle guilty, of an offence against this Act. (2) The court may order either or both of the following: (a) that a licence the driver is required to have under a regulation is— (i) cancelled; or (ii) amended or suspended for a stated period;

Licensing and registration penalties Division 3.8.3 (b) that the driver is disqualified from obtaining or holding a licence the driver is required to have under a regulation for a stated period. (3) An order under this section operates automatically and takes effect immediately or, if a later day is stated in the order, on the stated day.

132 Penalties involving vehicle registration (1) This section applies if the registered operator of a vehicle is convicted or found guilty by a court of an offence against this Act in relation to the vehicle. (2) The court may order that the registration of the vehicle is— (a) cancelled; or (b) suspended for a stated period. (3) If the court makes an order under subsection (2), the court may also make 1 or more of the following orders: (a) that the registered operator is disqualified from registering the vehicle for a stated period; (b) if an associate of the registered operator is involved in the commission of the offence—that the associate is disqualified from registering the vehicle for a stated period. (4) If the court considers that someone else who is not present in court may be substantially affected if an order is made under this section, the court may issue a summons to the person to give reasons why the order should not be made. (5) An order under this section operates automatically and takes effect immediately or, if a later day is stated in the order, on the stated day.

133 Supervisory intervention orders (c) the court considers the person to be a systematic or persistent offender against this Act. (2) The court may make an order (a supervisory intervention order) requiring the person to do 1 or more of the following, at the person’s own expense and for a stated period not longer than 1 year: (a) to do stated things that the court considers will improve the person’s compliance with this Act or a stated provision of this Act; Examples 1 appointing or removing staff to or from particular activities or positions 2 training and supervising staff 3 obtaining expert advice in relation to maintaining compliance 4 installing monitoring, compliance, managerial or operational equipment such as intelligent transport system equipment 5 implementing monitoring, compliance, managerial or operational practices, systems or procedures Note Intelligent transport system—see the dictionary.

Supervisory intervention orders Division 3.8.4 (b) to conduct stated monitoring, compliance, managerial or operational practices, systems or procedures subject to the direction of the competent authority or a person nominated by the authority; (c) to appoint someone else to have responsibilities— (i) to assist the person in improving compliance with this Act or a stated provision of this Act; and (ii) to monitor the person’s performance in complying with this Act or a stated provision of this Act and in complying with the requirements of the order. (3) However, the court may make a supervisory intervention order only if satisfied that the order can improve the person’s ability or willingness to comply with this Act, having regard to— (a) the offences against this Act that the person has been previously convicted or found guilty of; and (b) the offences against this Act for which the person has been proceeded against by way of infringement notices that have not been withdrawn; and (c) any other offences or matters that the court considers to be relevant to the conduct of the person in relation to the transport of dangerous goods. (4) The order may direct that any other penalty imposed for the offence by the court be suspended until the court decides, on application by the prosecutor or competent authority, that there has been a substantial failure to comply with the order.

(5) For this section, if a person has committed at least 1 offence against this Act, the court may treat an offence that the person has committed against a corresponding law as if the offence had also been committed against this Act. Note 1 If a court makes a supervisory intervention order, the court may also require compliance reports to be given—see s 134. Note 2 If both a supervisory intervention order and an exclusion order are in force at the same time in relation to the same person, the supervisory intervention order is taken to be suspended for the period the exclusion order is in force (see s 128 (4)).

134 Supervisory intervention orders—compliance reports (1) This section applies if a court makes a supervisory intervention order. (2) The court may also require in the order that the person, at the person’s own expense and for a stated period not longer than 1 year— (a) give compliance reports to a competent authority, the court or both as stated in the order; or (b) appoint someone else to have responsibility to give compliance reports to a competent authority, the court or both as stated in the order. (3) The court may state the matters that must be dealt with in a compliance report and how and when a compliance report is to be prepared and given. (4) The court may require that a compliance report, or parts of a compliance report, be made public, and may state how and when a compliance report is to be made public.

Supervisory intervention orders Division 3.8.4 compliance report, in relation to a person about whom a supervisory intervention order is made, means a report relating to— (a) the performance of the person in complying with— (i) this Act or a provision of this Act stated in the order; and (ii) the requirements of the order; and (b) without limiting paragraph (a)— (i) things done by the person to ensure that any failure by the person to comply with this Act or the stated provision of this Act does not continue; and (ii) the results of the things having been done.

135 Supervisory intervention orders—amendment and revocation A court with power to make a supervisory intervention order may amend or revoke a supervisory intervention order if— (a) an application for amendment or revocation is made by— (i) a competent authority; or (ii) the person in relation to whom the order is made; and (b) the court is satisfied that there has been a change of circumstances that justifies the amendment or revocation.

136 Offence—fail to comply with supervisory intervention order (a) a supervisory intervention order is in force in relation to the person; and

137 Exclusion orders (c) the court considers the person to be a systematic or persistent offender against this Act; and (d) the court considers that it is necessary to make an order under this section to restrict opportunities for the person to commit, or be involved in the commission of, further offences against this Act. (2) The court may make an order (an exclusion order) prohibiting the person, for a stated period, from involvement in the transport of dangerous goods or in any part of the transport of dangerous goods.

Exclusion orders Division 3.8.5 (3) However, the court may make an exclusion order only if satisfied that the person should not continue the things the subject of the proposed order and that a supervisory intervention order is not appropriate, having regard to— (a) the offences against this Act of which the person has been previously convicted or found guilty; and (b) the offences against this Act for which the person has been proceeded against by way of infringement notices that have not been withdrawn; and (c) any other offences or matters that the court considers to be relevant to the conduct of the person in relation to involvement in the transport of dangerous goods. (4) Also, the court may not make an exclusion order that prohibits the person from driving or registering a vehicle. (5) For this section, if a person has committed at least 1 offence against this Act, the court may treat an offence that the person has committed against a corresponding law as if the offence had also been committed against this Act.

138 Exclusion orders—amendment and revocation A court with power to make an exclusion order may amend or revoke an exclusion order if— (a) an application for amendment or revocation is made by— (i) a competent authority; or (ii) the person in relation to whom the order is made; and (b) the court is satisfied that there has been a change of circumstances that justifies the amendment or revocation.

139 Offence—fail to comply with exclusion order (a) an exclusion order is in force in relation to the person; and

140 Forfeiture against this Act in relation to dangerous goods; and (c) the court is satisfied that the person owns the goods or that the owner cannot be identified. (2) The court may, in addition to imposing any other penalty, order that the dangerous goods and their packaging be forfeited to the Territory. (3) Dangerous goods and packaging forfeited to the Territory may be collected, packaged, transported, sold, destroyed or otherwise disposed of as the competent authority directs. (4) The person convicted, or found guilty, of the offence must pay to the Territory the reasonable costs of collecting, packaging, transporting, storing, selling, destroying or otherwise disposing of the dangerous goods and packaging.

Definitions—pt 3.9 Division 3.9.1 Division 3.9.1 Definitions—pt 3.9

141 Definitions—pt 3.9 compensation order means an order made under this part. offender—see section 142. recovery of costs order—see section 146A (2). roads compensation order—see section 142. Division 3.9.2 Roads compensation orders for damage to road infrastructure

142 Roads compensation orders—making (1) This section applies if a court convicts a person (the offender), or finds a person guilty (also the offender), of an offence against this Act. (2) The court may make an order (a roads compensation order) requiring the offender to pay to the Territory the amount of compensation that the court considers appropriate for damage to road infrastructure that the Territory has suffered, or is likely to suffer, because of the offence. (3) A roads compensation order may only be made in favour of the Territory.

Division 3.9.2 Roads compensation orders for damage to road infrastructure (4) The court may make a roads compensation order if satisfied on the balance of probabilities that the commission of the offence caused or contributed to the damage suffered or likely to be suffered.

143 Roads compensation orders—application (1) A roads compensation order may be made on the application of the prosecutor or a competent authority. (2) The application may only be made— (a) when the court convicts the offender, or finds the offender guilty, of the offence; or (b) before the end of the period within which a prosecution for the offence could have been started.

144 Roads compensation orders—assessment (1) In making a roads compensation order, the court may assess the amount of compensation in the way the court considers appropriate. the estimated cost of remedying the damage (2) In assessing the amount of compensation, the court may take into account the matters the court considers relevant, including— (a) evidence presented in relation to the prosecution of the offence; and (b) evidence not presented in relation to the prosecution of the offence but presented in relation to the making of the proposed order; and (c) a certificate from the Territory stating that it maintains the road infrastructure concerned; and

Roads compensation orders for damage to road infrastructure Division 3.9.2 (d) any other certificate of the Territory. Examples—par (d) 1 a certificate estimating the monetary value of a part or all of the road infrastructure or of the damage to it 2 a certificate estimating the cost of remedying the damage 3 a certificate estimating the extent of the offender’s contribution to the damage

145 Roads compensation orders—certificates (1) If the Territory proposes to use a certificate mentioned in section 144 in a proceeding, the Territory must give a copy of the certificate to the offender at least 28 working days before the day on which the matter is set down for hearing. (2) The certificate cannot be used in the proceeding unless a copy of the certificate has been given in accordance with this section. (3) An offender who wishes to challenge a statement in the certificate must give a notice in writing to the Territory at least 14 working days before the day on which the matter is set down for hearing. (4) The notice must state the matters in the certificate that the offender intends to challenge. (5) If the offender is intending to challenge the accuracy of a measurement, analysis or reading in the certificate, the offender must state— (a) the reason why the offender alleges the measurement, analysis or reading is inaccurate; and (b) the measurement, analysis or reading that the offender considers to be correct. (6) The offender cannot challenge a matter in the certificate if the requirements of this section have not been complied with in relation to the certificate, unless the court gives leave to do so in the interests of justice.

146 Roads compensation orders—limits on amount (1) If, in making a roads compensation order, the court is satisfied that the commission of the offence contributed to the damage but that other factors not connected with the commission of the offence also contributed to the damage, the court must limit the amount of the compensation payable by the offender to the amount the court assesses as being the offender’s contribution to the damage. (2) The maximum amount of compensation must not be more than the amount of the court’s jurisdictional limit in a civil proceeding. (3) The court must not include in the roads compensation order any amount for— (a) personal injury or death; or (b) loss of income (whether suffered by the Territory or any other person or organisation); or (c) damage to any property (including a vehicle) that is not part of the road infrastructure.

146A Recovery of costs orders—making (1) This section applies if a court convicts a person or finds a person guilty of an offence against this Act. made or in force under the Act, including any regulation (see Legislation Act, s 104). (2) The court may make an order (a recovery of costs order) requiring the person to pay to a competent authority the costs the court considers appropriate that were— (a) reasonably incurred in taking action in relation to the offence; or (b) directly related to the investigation of the offence.

Costs and recovery Division 3.9.3 (3) Subsection (2) applies in addition to any other penalty imposed by a court for an offence against this Act. costs includes costs for testing, transporting, storing and disposing of dangerous goods and other evidence.

146B Recovery of costs orders—application (1) A recovery of costs order may be made on the application of a competent authority. (2) The application may only be made— (a) when the court convicts the person, or finds the person guilty, of an offence; or (b) if an application is not made when the court convicts the person, or finds the person guilty, of an offence—before the end of the period within which a prosecution for the offence could have been started.

147 Compensation orders—costs (1) A court has the same power to award costs in relation to a proceeding for a compensation order as the court has in relation to a civil proceeding. (2) The Court Procedures Rules 2006, part 2.17 (Costs) applies to costs in relation to a proceeding for a compensation order as if— (a) any necessary changes to the rules were made; and (b) any changes prescribed by regulation were made.

148 Compensation orders—enforcement A compensation order, and any award of costs, made by a court are enforceable as if they were a judgment of the court in a civil proceeding.

149 Compensation orders—other orders and awards (1) A compensation order must not be made if another court or tribunal has awarded compensatory damages or compensation in a civil proceeding for the damage based on the same or similar facts. (2) If a court purports to make a compensation order in the circumstances mentioned in subsection (1)— (a) the order is void to the extent that it covers the same matters as those covered by the other award; and (b) any payment made under the order to the extent to which it is void must be repaid by the Territory. (3) The making of a compensation order does not prevent another court or tribunal from later awarding damages or compensation in a civil proceeding for the damage based on the same or similar facts, but the other court or tribunal must take the compensation order into account when awarding damages or compensation.

Exemptions Part 3.10

150 Meaning of exemption In this Act: exemption means an exemption given under section 151.

151 Exemptions by competent authorities—general (1) A person may apply to a competent authority for an exemption from compliance with a provision of a regulation in relation to the transport of stated dangerous goods by road. Note A regulation may contain provisions about the application. (2) A competent authority may, by written notice and on its own initiative or on application under subsection (1), exempt a person from compliance with a provision of a regulation in relation to the transport of stated dangerous goods by road if the competent authority is satisfied on reasonable grounds that— (a) it is not reasonably practicable for the person to comply with the provision; and (b) granting the exemption would not— (i) be likely to create a risk of death or injury to a person, or harm to the environment or property, greater than the risk would be if the person was required to comply; and (ii) cause unnecessary administrative or enforcement difficulties, particularly in relation to maintaining national uniformity of road transport laws. Note An exemption may have effect in relation to a class of people. This is because power given under an Act to make a statutory instrument includes power to make different provision in relation to different matters or different classes of matters, or to make an instrument that applies differently by reference to stated exceptions or factors (see Legislation Act, s 48).

(3) An exemption may be conditional. (4) An exemption must include the following: (a) the provision of the regulation from which the person is exempt; (b) the dangerous goods to which the exemption applies; (c) the period when the exemption is in force; (d) any conditions of the exemption; (e) the geographical area in which the exemption applies. (5) The following are notifiable instruments: (a) an exemption given to a class of people; (b) an exemption for longer than 6 months. (6) To remove any doubt, a representative of a class of people may apply under subsection (1).

152 Offence—fail to comply with exemption condition (a) an exemption applies in relation to the person; and (b) the exemption is conditional; and (c) the person fails to comply with a condition of the exemption.

153 Offence—fail to keep copy of notice in premises or (a) the person is given a notice about an exemption; and (b) the exemption applies in relation to premises or a vehicle; and

Exemptions Part 3.10 (c) the person fails to keep a copy of the notice in the premises or

154 Exemption—competent authority to tell other competent authorities (1) This section applies if a competent authority— (a) gives an exemption to a class of people; or (b) gives an exemption for longer than 6 months. (2) The competent authority must tell the competent authority of a State the details of the exemption. Note State includes the Northern Territory (see Legislation Act, dict, pt 1).

155 Amendment and cancellation of exemptions and conditions (1) A competent authority that gives an exemption may cancel the exemption if the authority— (a) is satisfied on reasonable grounds that a condition of the exemption has not been complied with; or (b) is no longer satisfied on reasonable grounds about a matter mentioned in section 151 (2). (2) The competent authority may also— (a) amend or cancel a condition of the exemption; or (b) put a new condition on the exemption. (3) An exemption given to a person may only be amended or cancelled by written notice given to the person. (4) The amendment or cancellation takes effect when it is given to the person or, if a later day is stated in the notice, on the stated day.

(5) An exemption given to a class of people may only be amended or cancelled by written notice. (6) A notice mentioned in subsection (5) is a notifiable instrument.

156 Declaration by Minister—amend or suspend regulation’s operation (1) The Minister may declare that the operation of a regulation, or a stated part of a regulation— (a) is suspended for a stated period; or (b) is amended in the way stated by the Minister. (2) A declaration is a disallowable instrument. Note A declaration may have effect in relation to all of the ACT or a stated area of the ACT. This is because power given under an Act to make a statutory instrument includes power to make different provision in relation to different matters or different classes of matters, or to make an instrument that applies differently by reference to stated exceptions or factors (see Legislation Act, s 48).

Part 3.11 General liability and evidentiary provisions

156A Multiple offenders (1) This section applies where a provision of this Act provides (expressly or impliedly) that 2 or more people are liable for an offence. (2) A proceeding may be taken against all or any of the people. (3) A proceeding may be taken against any of the people— (a) regardless of whether or not a proceeding has been commenced against any of the other people; and (b) if a proceeding has been commenced against any of the other people—regardless of whether or not the proceeding has been concluded; and (c) if a proceeding has been concluded against any of the other people—regardless of the outcome of the proceeding. (4) This section has effect subject to any provision of this Act to the contrary.

156B Double jeopardy (1) A person may be punished only once in relation to the same failure to comply with a particular provision of this Act, even if the person is liable in more than 1 capacity.

(2) Despite subsection (1), a person may be punished for more than 1 breach of a provision of this Act where the breaches relate to different parts of the same vehicle or of the same dangerous goods. Note If a person contravenes a provision of this Act and has been punished for the contravention against a law of another jurisdiction, the person is not liable to be punished for the contravention under this Act (see Legislation Act, s 191 (2)).

157 Criminal liability of executive officers of corporations (1) An executive officer of a corporation commits an offence if— (a) the corporation commits an offence (a relevant offence) by contravening a provision of this Act; and (b) the officer was reckless about whether the contravention would happen; and (c) the officer was in a position to influence the conduct of the corporation in relation to the contravention; and (d) the officer failed to take reasonable steps to prevent the contravention. Maximum penalty: The maximum penalty that may be imposed on an individual for the relevant offence.

(2) In deciding whether the executive officer took (or failed to take) reasonable steps to prevent the contravention, a court must have regard to the following: (a) any action the officer took directed towards ensuring the following (to the extent that the action is relevant to the contravention): (i) that the corporation arranged regular professional assessments of the corporation’s compliance with the contravened provision; (ii) that the corporation implemented any appropriate recommendation arising from an assessment under subparagraph (i); (iii) that the corporation’s employees, agents and contractors had a reasonable knowledge and understanding of the requirement to comply with the contravened provision; (b) any action the officer took when the officer became aware that the contravention was, or could be, about to happen. (3) Subsection (2) does not limit the matters to which the court may have regard. (4) This section applies whether or not the corporation is prosecuted for, or convicted of, the relevant offence. (5) This section does not apply if the corporation would have a defence to a prosecution for the relevant offence. executive officer, of a corporation, means a person, however described and whether or not the person is a director of the corporation, who is concerned with, or takes part in, the corporation’s management.