sec.64Requirements relating to gates and doors

sec.64 Requirements relating to gates and doors

This section applies if an authorised holding yard for an operator accreditation is enclosed by— a prescribed fence; or another barrier for preventing entry to the holding yard. The holder of the operator accreditation must ensure that each gate or door in the prescribed fence or other barrier is kept closed and securely locked at all times other than when a person or motor vehicle is moving through the gate or door. Maximum penalty—50 penalty units. However, subsection (2) does not apply to the holder of the operator accreditation (the first holder ) if— the authorised holding yard is also an authorised holding yard for another operator accreditation; and the first holder is not an owner or lessee of the holding yard or, if the first holder is a partnership, a partner in the partnership is not an owner or lessee of the holding yard. In a proceeding for an offence against subsection (2) , it is a defence for the holder of the operator accreditation to prove that, at the time of the offence, damage to the gate or door, or to the prescribed fence or other barrier, prevented the gate or door from being kept closed and securely locked. (sec.64-ssec.1) This section applies if an authorised holding yard for an operator accreditation is enclosed by— a prescribed fence; or another barrier for preventing entry to the holding yard. (sec.64-ssec.2) The holder of the operator accreditation must ensure that each gate or door in the prescribed fence or other barrier is kept closed and securely locked at all times other than when a person or motor vehicle is moving through the gate or door. Maximum penalty—50 penalty units. (sec.64-ssec.3) However, subsection (2) does not apply to the holder of the operator accreditation (the first holder ) if— the authorised holding yard is also an authorised holding yard for another operator accreditation; and the first holder is not an owner or lessee of the holding yard or, if the first holder is a partnership, a partner in the partnership is not an owner or lessee of the holding yard. (sec.64-ssec.4) In a proceeding for an offence against subsection (2) , it is a defence for the holder of the operator accreditation to prove that, at the time of the offence, damage to the gate or door, or to the prescribed fence or other barrier, prevented the gate or door from being kept closed and securely locked.

• (a) a prescribed fence; or
• (b) another barrier for preventing entry to the holding yard.
• (a) the authorised holding yard is also an authorised holding yard for another operator accreditation; and
• (b) the first holder is not an owner or lessee of the holding yard or, if the first holder is a partnership, a partner in the partnership is not an owner or lessee of the holding yard.