Commonwealth Consolidated Acts

INTERSTATE ROAD TRANSPORT ACT 1985 - SECT 10

             (1)  A person shall not:

                     (a)  drive on a road;

                     (b)  cause or permit to be driven on a road; or

                     (c)  cause or permit to be left standing on a road;

a motor vehicle or trailer in the carriage of passengers or goods between prescribed places or for any purpose that is incidental to carriage of that kind if the motor vehicle or trailer is in an unsafe or dangerous condition.

Penalty:  Imprisonment for one year.

Note:          Subsection 4B(2) of the Crimes Act 1914 allows a court to impose an appropriate fine instead of, or in addition to, a term of imprisonment. If a body corporate is convicted of the offence, subsection 4B(3) of that Act allows a court to impose a fine of an amount that is not greater than 5 times the maximum fine that could be imposed by the court on an individual convicted of the same offence.

          (1A)  Subsection (1) does not apply if the person has a reasonable excuse.

Note:          A defendant bears an evidential burden in relation to the matter in subsection (1A) (see subsection 13.3(3) of the Criminal Code ).

             (2)  It is a reasonable excuse for the purposes of subsection (1) if the person:

                     (a)  did not know; and

                     (b)  could not reasonably be expected to have known;

that the motor vehicle or trailer was in an unsafe or dangerous condition.

             (3)  A person shall not:

                     (a)  drive on a road;

                     (b)  cause or permit to be driven on a road; or

                     (c)  cause or permit to be left standing on a road;

a registered motor vehicle or trailer in the carriage of passengers or goods between prescribed places or for any purpose that is incidental to carriage of that kind if the requirements of the regulations relating to insurance are not met in respect of the motor vehicle or trailer.

Penalty:  Imprisonment for 6 months.

Note:          Subsection 4B(2) of the Crimes Act 1914 allows a court to impose an appropriate fine instead of, or in addition to, a term of imprisonment. If a body corporate is convicted of the offence, subsection 4B(3) of that Act allows a court to impose a fine of an amount that is not greater than 5 times the maximum fine that could be imposed by the court on an individual convicted of the same offence.

          (3A)  Subsection (3) does not apply if the person has a reasonable excuse.

Note:          A defendant bears an evidential burden in relation to the matter in subsection (3A) (see subsection 13.3(3) of the Criminal Code ).

             (4)  It is a reasonable excuse for the purposes of subsection (3) if the person:

                     (a)  did not know; and

                     (b)  could not reasonably be expected to have known;

that the requirements of the regulations relating to insurance were not met in respect of the motor vehicle or trailer.