634Multiple offences

634 Multiple offences

634 Multiple offences

(1) A person may be punished only once in relation to the same contravention of this Law by the person or a heavy vehicle, even if the person is liable in more than 1 capacity.

(2) A person who has been punished for an act or omission or circumstances constituting an offence against this Law as it applies in another participating jurisdiction can not be punished for an offence against this Law as it applies in this jurisdiction arising from the same act or omission or circumstances.

(3) Despite any Act or other law (including subsections (1) and (2))—

(a) a person may be punished for more than 1 contravention of a requirement of this Law if the contraventions relate to different parts of the same vehicle; and

(b) a person may be punished for 1 or more contraventions of a requirement of this Law as it applies in another participating jurisdiction (interstate contraventions), and 1 or more contraventions of a requirement of this Law as it applies in this jurisdiction (local contraventions), if the interstate contraventions and local contraventions relate to different parts of the same vehicle; and

(c) 2 or more contraventions of a provision by a person that arise from the same factual circumstances may be charged as—

(i) a single offence; or

(ii) separate offences.

(4) Subsection (3)(c) does not authorise contraventions of 2 or more provisions to be charged as a single offence.

(5) A single penalty only may be imposed in relation to 2 or more contraventions of a provision that are charged as a single offence.

s 634: Am 2016 No 65, sec 102; 2018 No 18, Sch 1.