25. Duties on consignors and consignees25. Duties on consignors and consignees

25. Duties on consignors and consignees

(1) A consignor or consignee to whom this Division applies each must take all reasonable steps to ensure that the terms of consignment (e.g. delivery times) will not cause the driver of the vehicle that is to transport the goods to exceed any speed limit that applies to the vehicle.

Court imposed penalty: $5 000 for a first offence;

$10 000 for a second or subsequent offence.

Note: Examples of some reasonable steps that can be taken

 ensuring contractual arrangements and documentation relating to the consignment and delivery of goods enable speeding compliance
 contingency planning in relation to consignments and delivery times
 regular consultation with other parties in the chain of responsibility, unions and industry associations to address compliance issues.

Note: Section 30 sets out some of the factors a court may consider in determining whether a person has taken all reasonable steps. Section 29 sets out one method by which a consignor or consignee can take all reasonable steps for the purposes of this subsection.

(2) The consignor and consignee each must also take all reasonable steps to ensure that the terms of consignment (e.g. delivery times) will not cause the employer of an employed driver, the prime contractor of a self‑employed driver or the operator of the heavy vehicle to cause the driver to exceed any speed limit that applies to the vehicle.

Court imposed penalty: $5 000 for a first offence;

$10 000 for a second or subsequent offence.

Note: See the examples and note under subsection (1).

(3) A consignor or consignee to whom this Division applies each must not make a demand that affects, or that may affect, a time in a schedule for the transport of the consigned goods unless she or he – (a) has complied with subsections (1) and (2); and (b) is satisfied, after making reasonable inquiries, that the making of the demand will not cause a person to fail to comply with section 20 (“Duty concerning driver’s schedule:”).

Court imposed penalty: $2 000 for a first offence;

$5 000 for a second or subsequent offence.

Infringement notice penalty: $600.

(4) An offence against subsection (1), (2) or (3) is an offence of absolute liability.