33Offences—transport of dangerous goods

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).