127Special defence for owners or operators

127 Special defence for owners or operators (1) It is a defence to a prosecution for an offence by a defendant as an owner or operator of a vehicle transporting dangerous goods if the defendant establishes the vehicle was used at the time of the alleged offence by: (a) another person, other than an employee or agent of the defendant, who was not entitled (whether by express or implied authority or otherwise) to use it at the time; or (b) an employee of the defendant who was acting outside the scope of the employment at the time; or

Transport of Dangerous Goods by Road and Rail (National Uniform Legislation) Act 2010 83 (c) an agent (in any capacity) of the defendant who was acting outside the scope of the agency at the time. (2) If the offence relates to alleged deficiencies concerning the vehicle or dangerous goods, the defence is not available unless the defendant establishes that: (a) the vehicle or dangerous goods had not, before they ceased to be under the defendant's control, been driven or transported in Australia in breach of this Act or a corresponding law arising in connection with all or any of those alleged deficiencies; and (b) one or more material changes, resulting in the alleged breach, had been made to the vehicle or dangerous goods after the vehicle or dangerous goods had ceased to be under the defendant’s control. (3) In subsection (2), deficiency concerning a vehicle or dangerous goods is a deficiency in complying with a requirement prescribed by regulation: (a) about a thing that must be carried on or in a vehicle; or (b) about dangerous goods.