109Court may make exclusion order

109 Court may make exclusion order application of the Competent Authority, make an exclusion order for the person if the court considers the person to be a systematic or persistent offender against this Act. (2) The exclusion order is to prohibit the person, for a specified period, from specified aspects of involvement in the transport of dangerous goods for the purpose of restricting the person's opportunities to commit or be involved in the commission of further offences. (3) The court may make the order only if it is satisfied: (a) the person should not continue the specified aspects of involvement in the transport of dangerous goods; and

Transport of Dangerous Goods by Road and Rail (National Uniform Legislation) Act 2010 72 (b) a supervisory intervention order is not appropriate for the person, having regard to: (i) the offences of which the person has been previously found guilty; and (ii) the offences for which the person has been proceeded against by way of unwithdrawn infringement notices; and (iii) any other offences or other matters the court considers to be relevant to the conduct of the person in connection with involvement in the transport of dangerous goods. (4) A court that has power to make exclusion orders may revoke or amend an exclusion order on the application of: (b) the person for whom the order was made if the court is satisfied there has been a change of circumstances warranting the revocation or amendment. (5) For subsections (1) and (4), if a person has committed at least one offence against this Act, the court may treat any offences that the person has committed against any corresponding law as if they had also been committed against this Act. (6) To avoid doubt, a court cannot make an exclusion order that prohibits the person from driving or registering a vehicle.