37Offence—vehicle not insured or approved—prime

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.