18PUOffence—breaching a condition of a public weighbridge licence

18PU Offence—breaching a condition of a public weighbridge licence

Public weighbridge licensee (1) A person commits an offence if: (a) the person is a public weighbridge licensee; and (b) the person engages or fails to engage in conduct; and (c) the conduct or failure is in breach of a condition of the person’s public weighbridge licence.

Penalty: 30 penalty units.

(2) A person commits an offence if: (a) the person is a public weighbridge licensee; and (b) an employee of the person engages or fails to engage in conduct; and (c) the conduct or failure is in breach of a condition of the person’s public weighbridge licence; and (d) the person expressly, tacitly or impliedly authorises or permits the conduct or failure.

Penalty: 30 penalty units.

Employee of public weighbridge licensee (3) A person commits an offence if: (a) the person is an employee of a public weighbridge licensee; and (b) the person engages or fails to engage in conduct; and (c) that conduct or failure is in breach of a condition of the public weighbridge licensee’s licence; and (d) the conduct or failure is not within the actual or apparent scope of the person’s employment.

Penalty: 30 penalty units.

Person who contracts with public weighbridge licensee to operate weighbridge (4) A person commits an offence if: (a) the person contracts with a public weighbridge licensee to operate a public weighbridge; and (b) the person engages or fails to engage in conduct; and (c) the conduct or failure is in breach of a condition of the public weighbridge licensee’s licence.

Penalty: 30 penalty units.

(5) A person commits an offence if: (a) the person contracts with a public weighbridge licensee to operate a public weighbridge; and (b) an employee of the person engages or fails to engage in conduct; and (c) the conduct or failure is in breach of a condition of the public weighbridge licensee’s licence; and (d) the person expressly, tacitly or impliedly authorises or permits the conduct or failure.

Penalty: 30 penalty units.

Employee of person who contracts with public weighbridge licensee to operate weighbridge (6) A person commits an offence if: (a) the person is an employee of a person who contracts with a public weighbridge licensee to operate a public weighbridge; and (b) the person engages or fails to engage in conduct; and (c) that conduct or failure is in breach of a condition of the public weighbridge licensee’s licence; and (d) the conduct or failure is not within the actual or apparent scope of the person’s employment.

Penalty: 30 penalty units.

(7) Subsections (1) to (6) are offences of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.