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National Transport Commission (Road Transport Legislation – Compliance and Enforcement Bill) Regulations 2006
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Note: The penalties in this Schedule are indicative values only. (Sections 126 and 131)
| Column 1 | Column 2 | Column 3 | Column 4 | Column 5 | Column 6 |
|---|---|---|---|---|---|
| Offence | Infringement penalty | Court-imposed penalty on individual for first offence | Court-imposed penalty on individual for subsequent offence | Court-imposed penalty on body corporate for first offence | Court-imposed penalty on body corporate for subsequent offence |
| Section 82, 83 or 84—failure to comply with direction of officer or condition imposed by officer for minor, substantial or severe risk breaches of mass, dimension or load restraint requirements | $1,200 | Maximum $3,000 | Maximum $6,000; minimum $1,200 | Maximum $15,000 | Maximum $30,000; minimum $1,200 |
| Section 85—failure to comply with condition imposed by officer in authorisation to continue journey where only minor risk breaches | $1,200 | Maximum $3,000 | Maximum $6,000; minimum $1,200 | Maximum $15,000 | Maximum $30,000; minimum $1,200 |
| Minor risk breach of mass requirement (including sections 91(1), 92(1), 93, 94 and 95—liability of consignor, packer, loader, operator or driver) | $300 | Maximum $1,000 | Maximum $2,000; minimum $300 | Maximum $5,000 | Maximum $10,000; minimum $300 |
| Substantial risk breach of mass requirement (including sections 91(1), 92(1), 93, 94 and 95—liability of consignor, packer, loader, operator or driver) | $600 | Maximum $2,000 | Maximum $4,000; minimum $600 | Maximum $10,000 | Maximum $20,000; minimum $600 |
| Severe risk breach of mass requirement (including sections 91(1), 92(1), 93, 94 and 95—liability of consignor, packer, loader, operator or driver) | Infringement notice not available | Maximum $5,000 plus maximum of $500 for every additional 1% over 120% overload | Maximum $10,000 plus maximum of $1,000 for every additional 1% over 120% overload; minimum $2,000 plus minimum of $200 for every additional 1% over 120% overload | Maximum $25,000 plus maximum of $2,500 for every additional 1% over 120% overload | Maximum $50,000 plus maximum of $5,000 for every additional 1% over 20% overload; minimum $2,000 plus minimum of $200 for every additional 1% over 120% overload |
| Minor risk breach of dimension or load restraint requirement (including sections 91(1), 92(1), 93, 94 and 95—liability of consignor, packer, loader, operator or driver) | $250 | Maximum $750 | Maximum $1,500; minimum $250 | Maximum $3,750 | Maximum $7,500; minimum $250 |
| Substantial risk breach of dimension or load restraint requirement (including sections 91(1), 92(1), 93, 94 and 95—liability of consignor, packer, loader, operator or driver) | $500 | Maximum $1,500 | Maximum: $3,000; minimum $500 | Maximum $7,500 | Maximum: $15,000; minimum $500 |
| Severe risk breach of dimension or load restraint requirement (including sections 91(1), 92(1), 93, 94 and 95—liability of consignor, packer, loader, operator or driver) | Infringement notice not available | Maximum $5,000 | Maximum $10,000; minimum $2,000 | Maximum $25,000 | Maximum $50,000; minimum $2,000 |
| Sections 91(2) and 92(2)—exceeding maximum gross weight marked on freight container | Infringement notice not available | Maximum $5,000 | Maximum $10,000; minimum $2,000 | Maximum $25,000 | Maximum $50,000; minimum $2,000 |
| Section 96—liability of consignee | Infringement notice not available | Maximum $5,000 | Maximum $10,000; minimum $2,000 | Maximum $25,000 | Maximum $50,000; minimum $2,000 |
| Section 112—false or misleading transport documentation | Infringement notice not available | Maximum $5,000 | Maximum $10,000; minimum $2,000 | Maximum $25,000 | Maximum $50,000; minimum $2,000 |
| Section 114—breach of condition of mass, dimension or load restraint concession | $1,200 | Maximum $3,000 | Maximum $6,000; minimum $1,200 | Maximum $15,000 | Maximum $30,000; minimum $1,200 |