89Reasonable steps defence

89 Reasonable steps defence

Defence (1) If a provision of this Part states that a person has the benefit of the reasonable steps defence for an offence, it is a defence to a charge for the offence concerned if the person charged establishes that: (a) the person did not know, and could not reasonably be expected to have known, of the contravention concerned; and (b) either: (i) the person had taken all reasonable steps to prevent the contravention; or (ii) there were no steps that the person could reasonably be expected to have taken to prevent the contravention. Matters that court may have regard to (2) Without limiting the above, in determining whether things done or omitted to be done by the person charged constitute reasonable steps, a court may have regard to: (a) the circumstances of the alleged offence, including (where relevant) the risk category to which the breach concerned belongs; and (b) without limiting paragraph (a), the measures available and measures taken for any or all of the following: (i) to accurately and safely weigh or measure the vehicle or combination or its load or to safely restrain the load in or on the vehicle or combination; (ii) to provide and obtain sufficient and reliable evidence from which the weight or measurement of the vehicle or combination or its load might be calculated; (iii) to manage, reduce or eliminate a potential breach arising from the location of the vehicle or combination, or from the location of the load in or on the vehicle or combination, or from the location of goods in the load; (iv) to manage, reduce or eliminate a potential breach arising from weather and climatic conditions, or from potential weather and climatic conditions, affecting or potentially affecting the weight or measurement of the load; (v) to exercise supervision or control over others involved in activities leading to the breach; and (c) the measures available and measures taken for any or all of the following: (i) to include compliance assurance conditions in relevant commercial arrangements with other responsible persons; (ii) to provide information, instruction, training and supervision to employees to enable compliance with relevant laws; (iii) to maintain equipment and work systems to enable compliance with relevant laws; (iv) to address and remedy similar compliance problems that may have occurred in the past; and (d) whether the person charged had, either personally or through an agent or employee, custody or control of the vehicle or combination, or of its load, or of any of the goods included or to be included in the load; and (e) the personal expertise and experience that the person charged had or ought to have had or that an agent or employee of the person charged had or ought to have had. Proof of compliance with industry code of practice (3) If the person charged establishes that the person had complied with all relevant standards and procedures under a registered industry code of practice, and with the spirit of the code, with respect to matters to which the breach relates, proof of compliance (as so established by the person) is prima facie evidence that the person charged had taken reasonable steps to prevent the contravention. Notice of intention to prove compliance with industry code of practice (4) Subsection (3) is not available unless the person charged has served notice of intention to establish the matters referred to in that subsection on the prosecution at least 28 working days before the day on which the matter is set down for hearing.