sec.452Exclusion orders prohibiting involvement in the transport of dangerous goods by rail

### sec.452 Exclusion orders prohibiting involvement in the transport of dangerous goods by rail This section applies if a person is convicted of a dangerous goods offence. The court before which the person is convicted may, after having regard to the following matters, make an order (an exclusion order ) that the person be prohibited for a stated period from involvement in the transport of dangerous goods by rail— the person’s record in the transport of dangerous goods; the person’s criminal history to the extent the court considers it relevant to the making of the exclusion order; the circumstances surrounding the commission of the offence; any other matters the court considers appropriate. However, the court must not make an exclusion order that prohibits the person from driving a rail vehicle other than a rail vehicle transporting dangerous goods. A person must not contravene an exclusion order. Maximum penalty—500 penalty units or 2 years imprisonment. Subsections (2) and (4) do not limit any other penalty the court may impose for the offence. If a court has made an exclusion order, the court may revoke or amend the exclusion order on the application of— the chief executive; or the person for whom the order was made but only if the court is satisfied there has been a change of circumstances warranting revocation or amendment and the chief executive was given reasonable notice of the application. For subsection (6) , the chief executive is entitled to appear and be heard and to give and produce evidence at the hearing of the application for or against the granting of the revocation or amendment. In this section— criminal history , of a person, means each of the following despite the Criminal Law (Rehabilitation of Offenders) Act 1986 , sections 6 , 8 and 9 — every conviction of the person for an offence, in Queensland or elsewhere, and whether before or after the commencement of this provision; every charge made against the person for an offence, in Queensland or elsewhere, and whether before or after the commencement of this provision. involvement , in the transport of dangerous goods by rail, includes the following— importing, or arranging for the importation of, dangerous goods; marking or labelling packages and unit loads containing dangerous goods for transport by rail, and placarding vehicles in which dangerous goods are transported by road; consigning dangerous goods for transport by rail; loading dangerous goods onto a vehicle or into a container that is to be put on a vehicle for transport by rail or unloading dangerous goods that have been transported by rail; undertaking or being responsible for, other than as an employee or subcontractor, the transport of dangerous goods by rail; driving a vehicle carrying dangerous goods by rail; being a consignee of dangerous goods transported by rail; being involved as a director, secretary or manager of a corporation or other person who takes part in the management of a corporation that takes part in something mentioned in paragraphs (a) to (g) . s 452 ins 2001 No. 79 s 34 sub 2008 No. 67 s 11 amd 2008 No. 66 s 4 sch pt 2 (sec.452-ssec.1) This section applies if a person is convicted of a dangerous goods offence. (sec.452-ssec.2) The court before which the person is convicted may, after having regard to the following matters, make an order (an exclusion order ) that the person be prohibited for a stated period from involvement in the transport of dangerous goods by rail— the person’s record in the transport of dangerous goods; the person’s criminal history to the extent the court considers it relevant to the making of the exclusion order; the circumstances surrounding the commission of the offence; any other matters the court considers appropriate. (sec.452-ssec.3) However, the court must not make an exclusion order that prohibits the person from driving a rail vehicle other than a rail vehicle transporting dangerous goods. (sec.452-ssec.4) A person must not contravene an exclusion order. Maximum penalty—500 penalty units or 2 years imprisonment. (sec.452-ssec.5) Subsections (2) and (4) do not limit any other penalty the court may impose for the offence. (sec.452-ssec.6) If a court has made an exclusion order, the court may revoke or amend the exclusion order on the application of— the chief executive; or the person for whom the order was made but only if the court is satisfied there has been a change of circumstances warranting revocation or amendment and the chief executive was given reasonable notice of the application. (sec.452-ssec.7) For subsection (6) , the chief executive is entitled to appear and be heard and to give and produce evidence at the hearing of the application for or against the granting of the revocation or amendment. (sec.452-ssec.8) In this section— criminal history , of a person, means each of the following despite the Criminal Law (Rehabilitation of Offenders) Act 1986 , sections 6 , 8 and 9 — every conviction of the person for an offence, in Queensland or elsewhere, and whether before or after the commencement of this provision; every charge made against the person for an offence, in Queensland or elsewhere, and whether before or after the commencement of this provision. involvement , in the transport of dangerous goods by rail, includes the following— importing, or arranging for the importation of, dangerous goods; marking or labelling packages and unit loads containing dangerous goods for transport by rail, and placarding vehicles in which dangerous goods are transported by road; consigning dangerous goods for transport by rail; loading dangerous goods onto a vehicle or into a container that is to be put on a vehicle for transport by rail or unloading dangerous goods that have been transported by rail; undertaking or being responsible for, other than as an employee or subcontractor, the transport of dangerous goods by rail; driving a vehicle carrying dangerous goods by rail; being a consignee of dangerous goods transported by rail; being involved as a director, secretary or manager of a corporation or other person who takes part in the management of a corporation that takes part in something mentioned in paragraphs (a) to (g) . - (a) the person’s record in the transport of dangerous goods; - (b) the person’s criminal history to the extent the court considers it relevant to the making of the exclusion order; - (c) the circumstances surrounding the commission of the offence; - (d) any other matters the court considers appropriate. - (a) the chief executive; or - (b) the person for whom the order was made but only if the court is satisfied there has been a change of circumstances warranting revocation or amendment and the chief executive was given reasonable notice of the application. - (a) every conviction of the person for an offence, in Queensland or elsewhere, and whether before or after the commencement of this provision; - (b) every charge made against the person for an offence, in Queensland or elsewhere, and whether before or after the commencement of this provision. - (a) importing, or arranging for the importation of, dangerous goods; - (b) marking or labelling packages and unit loads containing dangerous goods for transport by rail, and placarding vehicles in which dangerous goods are transported by road; - (c) consigning dangerous goods for transport by rail; - (d) loading dangerous goods onto a vehicle or into a container that is to be put on a vehicle for transport by rail or unloading dangerous goods that have been transported by rail; - (e) undertaking or being responsible for, other than as an employee or subcontractor, the transport of dangerous goods by rail; - (f) driving a vehicle carrying dangerous goods by rail; - (g) being a consignee of dangerous goods transported by rail; - (h) being involved as a director, secretary or manager of a corporation or other person who takes part in the management of a corporation that takes part in something mentioned in paragraphs (a) to (g) .