9Proof of loading offences

9 Proof of loading offences

(1) In proceedings for a failure to comply with subclause 3.1(1), (2) or (3) of the Schedule (relating to loading a vehicle), it is sufficient for the prosecution to prove that the load on the vehicle was not placed, secured or restrained (as the case requires) in a way that met the performance standards recommended in the Load Restraint Guide: (a) published by the Australian Government Publishing Service on 12 December 1994; and (b) available from Commonwealth Government Bookshops. (2) In proceedings for a failure to comply with clause 3.1 of the Schedule, a document purporting to be the Load Restraint Guide referred to in subclause (1) must be taken to be the Load Restraint Guide, unless the document is proved not to be the Load Restraint Guide. (3) If the prosecution in proceedings for a failure to comply with subclause 3.1(2) of the Schedule (relating to securing a load on a vehicle) proves that the load, or part of the load, had fallen off the vehicle, the burden of proof is on the defendant to show compliance.