sec.153AFacilitation of proof—dangerous goods offences

### sec.153A Facilitation of proof—dangerous goods offences In a prosecution for a dangerous goods offence, if an authorised person gives evidence that he or she believes, or at a particular time relevant to the exercise of a power by the officer, believed, any of the matters referred to in subsection (2) , the court must accept the matter as proved if— it considers the belief to be, or to have been, reasonable; and there is no evidence to the contrary. The matters are as follows— that dangerous goods described in transport documentation carried in a rail vehicle are or were being 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 packaging indicates or indicated that the substance is or was or the packaging 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 a marking on, or attached to, a package indicates 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 has 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, in relation to the load of the vehicle or the contents of the packaging, a particular quantity of dangerous goods—that the vehicle or container 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 153A ins 2001 No. 79 s 87 amd 1994 No. 8 s 491 (3) sch 5 (amd 2003 No. 54 ss 34 , 39 ) sub 2008 No. 67 s 36 amd 2016 No. 13 s 3C (sec.153A-ssec.1) In a prosecution for a dangerous goods offence, if an authorised person gives evidence that he or she believes, or at a particular time relevant to the exercise of a power by the officer, believed, any of the matters referred to in subsection (2) , the court must accept the matter as proved if— it considers the belief to be, or to have been, reasonable; and there is no evidence to the contrary. (sec.153A-ssec.2) The matters are as follows— that dangerous goods described in transport documentation carried in a rail vehicle are or were being 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 packaging indicates or indicated that the substance is or was or the packaging 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 a marking on, or attached to, a package indicates 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 has 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, in relation to the load of the vehicle or the contents of the packaging, a particular quantity of dangerous goods—that the vehicle or container 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 to be, or to have been, reasonable; and - (b) there is no evidence to the contrary. - (a) that dangerous goods described in transport documentation carried in a rail vehicle are or were being 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 packaging indicates or indicated that the substance is or was or the packaging 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 a marking on, or attached to, a package indicates 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 has 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, in relation to the load of the vehicle or the contents of the packaging, a particular quantity of dangerous goods—that the vehicle or container 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.