National Transport Commission (Model Legislation—Transport of Dangerous Goods by Road or Rail) Regulations 2007
108Sudden or extraordinary emergency
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108 Sudden or extraordinary emergency
(1) It is a defence to a charge for an offence if the person charged carried out the conduct constituting the offence in response to circumstances of sudden or extraordinary emergency. (2) This section applies if and only if the person carrying out the conduct reasonably believed that: (a) circumstances of sudden or extraordinary emergency exist; and (b) committing the offence is the only reasonable way to deal with the emergency; and (c) the conduct is a reasonable response to the emergency.