sec.457Facilitation of proof

### sec.457 Facilitation of proof In a prosecution for a dangerous goods offence, if an authorised person gives evidence that he or she believes, or believed at a particular time relevant to the exercise of a power, any of the matters mentioned in subsection (2) , the court must accept the matter as proved if— it considers the belief is, or was, reasonable; and there is no evidence to the contrary. The matters are as follows— that dangerous goods described in transport documentation as being carried in a rail vehicle are or were carried in the rail vehicle; that particular goods are or were dangerous goods or dangerous goods of a particular type; if a marking or placard on, or attached to, a substance or container indicates or indicated that the substance is or was or the container contains or contained particular dangerous goods—that the substance is or was or the container contains or contained those dangerous goods; if a marking on, or attached to, a package indicates or indicated that the package contains or contained particular dangerous goods—that the package contains or contained those dangerous goods; if a marking or placard on, or attached to, a vehicle or equipment indicates or indicated that the vehicle or equipment is or was being used to transport dangerous goods—that the vehicle or equipment is or was being used to transport those dangerous goods; if a marking or placard on, or attached to, a substance or packaging indicates or indicated, in relation to the substance, the packaging or the contents of the packaging, a particular capacity, tare weight, origin, character, specification, ownership or date of manufacture—that the substance, the packaging or the contents of the packaging has or had that capacity, tare weight, origin, character, specification, ownership or date of manufacture; if markings on, or attached to, a package indicate or indicated, in relation to the contents of the package, a particular capacity, tare weight, origin, character, specification, ownership or date of manufacture—that the contents of the package have or had that capacity, tare weight, origin, character, specification, ownership or date of manufacture; if a marking or placard on, or attached to, a vehicle or packaging indicates or indicated, in relation to the load of the vehicle or the contents of the packaging, a particular quantity of dangerous goods—that the vehicle or packaging contains or contained that quantity of dangerous goods; that a person is or is not, or was or was not at a particular time, accredited in relation to the transport by rail of dangerous goods. s 457 ins 2001 No. 79 s 34 sub 2008 No. 67 s 14 (sec.457-ssec.1) In a prosecution for a dangerous goods offence, if an authorised person gives evidence that he or she believes, or believed at a particular time relevant to the exercise of a power, any of the matters mentioned in subsection (2) , the court must accept the matter as proved if— it considers the belief is, or was, reasonable; and there is no evidence to the contrary. (sec.457-ssec.2) The matters are as follows— that dangerous goods described in transport documentation as being carried in a rail vehicle are or were carried in the rail vehicle; that particular goods are or were dangerous goods or dangerous goods of a particular type; if a marking or placard on, or attached to, a substance or container indicates or indicated that the substance is or was or the container contains or contained particular dangerous goods—that the substance is or was or the container contains or contained those dangerous goods; if a marking on, or attached to, a package indicates or indicated that the package contains or contained particular dangerous goods—that the package contains or contained those dangerous goods; if a marking or placard on, or attached to, a vehicle or equipment indicates or indicated that the vehicle or equipment is or was being used to transport dangerous goods—that the vehicle or equipment is or was being used to transport those dangerous goods; if a marking or placard on, or attached to, a substance or packaging indicates or indicated, in relation to the substance, the packaging or the contents of the packaging, a particular capacity, tare weight, origin, character, specification, ownership or date of manufacture—that the substance, the packaging or the contents of the packaging has or had that capacity, tare weight, origin, character, specification, ownership or date of manufacture; if markings on, or attached to, a package indicate or indicated, in relation to the contents of the package, a particular capacity, tare weight, origin, character, specification, ownership or date of manufacture—that the contents of the package have or had that capacity, tare weight, origin, character, specification, ownership or date of manufacture; if a marking or placard on, or attached to, a vehicle or packaging indicates or indicated, in relation to the load of the vehicle or the contents of the packaging, a particular quantity of dangerous goods—that the vehicle or packaging contains or contained that quantity of dangerous goods; that a person is or is not, or was or was not at a particular time, accredited in relation to the transport by rail of dangerous goods. - (a) it considers the belief is, or was, reasonable; and - (b) there is no evidence to the contrary. - (a) that dangerous goods described in transport documentation as being carried in a rail vehicle are or were carried in the rail vehicle; - (b) that particular goods are or were dangerous goods or dangerous goods of a particular type; - (c) if a marking or placard on, or attached to, a substance or container indicates or indicated that the substance is or was or the container contains or contained particular dangerous goods—that the substance is or was or the container contains or contained those dangerous goods; - (d) if a marking on, or attached to, a package indicates or indicated that the package contains or contained particular dangerous goods—that the package contains or contained those dangerous goods; - (e) if a marking or placard on, or attached to, a vehicle or equipment indicates or indicated that the vehicle or equipment is or was being used to transport dangerous goods—that the vehicle or equipment is or was being used to transport those dangerous goods; - (f) if a marking or placard on, or attached to, a substance or packaging indicates or indicated, in relation to the substance, the packaging or the contents of the packaging, a particular capacity, tare weight, origin, character, specification, ownership or date of manufacture—that the substance, the packaging or the contents of the packaging has or had that capacity, tare weight, origin, character, specification, ownership or date of manufacture; - (g) if markings on, or attached to, a package indicate or indicated, in relation to the contents of the package, a particular capacity, tare weight, origin, character, specification, ownership or date of manufacture—that the contents of the package have or had that capacity, tare weight, origin, character, specification, ownership or date of manufacture; - (h) if a marking or placard on, or attached to, a vehicle or packaging indicates or indicated, in relation to the load of the vehicle or the contents of the packaging, a particular quantity of dangerous goods—that the vehicle or packaging contains or contained that quantity of dangerous goods; - (i) that a person is or is not, or was or was not at a particular time, accredited in relation to the transport by rail of dangerous goods.