70Goods too dangerous to be transported

70 Goods too dangerous to be transported

(1) A person must not consign goods for transport if the {subordinate law} identifies the goods as being goods too dangerous to be transported. (36 + new)

Offence provision. (36)

(2) An offence against subsection (1) is an offence of strict liability. (3) Subsection (1) includes a person who arranges for the conveyance of goods too dangerous to be transported on a vehicle owned or controlled by the person. (new) (4) For the purposes of this section, a person consigns goods too dangerous to be transported if: (a) subsection (5) applies to the person; or (b) subsection (5) does not apply to the person or anyone else, but subsection (6) applies to the person; or (c) subsections (5) and (6) do not apply to the person or anyone else, but subsection (7) applies to the person. (5) This subsection applies to a person who, with the person’s authority, is named or otherwise identified in transport documentation as the consignor of the goods too dangerous to be transported. (6) This subsection applies to a person who: (a) engages a prime contractor or rail operator, either directly or through an agent or other intermediary, to transport the goods too dangerous to be transported; or (b) if {clause} (a) does not apply, has possession of, or control over, the goods immediately before the goods are transported; or (c) if neither {clause} (a) or (b) applies, loads a vehicle with the goods, for transport, at a place: (i) where the goods are awaiting collection; and (ii) that is unattended (except by the driver) during loading. (7) This subsection applies to a person if: (a) the goods too dangerous to be transported are imported into Australia; and (b) the person is the importer of the goods.