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NATIONAL MEASUREMENT ACT 1960 - SECT 18PU Offence--breaching a condition of a public weighbridge licence

NATIONAL MEASUREMENT ACT 1960 - SECT 18PU

Offence--breaching a condition of a public weighbridge licence

Public weighbridge licensee

  (1)   A person commits an offence if:

  (a)   the person is a public weighbridge licensee; and

  (b)   the person engages or fails to engage in conduct; and

  (c)   the conduct or failure is in breach of a condition of the person's public weighbridge licence.

Penalty:   30 penalty units.

  (2)   A person commits an offence if:

  (a)   the person is a public weighbridge licensee; and

  (b)   an employee of the person engages or fails to engage in conduct; and

  (c)   the conduct or failure is in breach of a condition of the person's public weighbridge licence; and

  (d)   the person expressly, tacitly or impliedly authorises or permits the conduct or failure.

Penalty:   30 penalty units.

Employee of public weighbridge licensee

  (3)   A person commits an offence if:

  (a)   the person is an employee of a public weighbridge licensee; and

  (b)   the person engages or fails to engage in conduct; and

  (c)   that conduct or failure is in breach of a condition of the public weighbridge licensee's licence; and

  (d)   the conduct or failure is not within the actual or apparent scope of the person's employment.

Penalty:   30 penalty units.

Person who contracts with public weighbridge licensee to operate weighbridge

  (4)   A person commits an offence if:

  (a)   the person contracts with a public weighbridge licensee to operate a public weighbridge; and

  (b)   the person engages or fails to engage in conduct; and

  (c)   the conduct or failure is in breach of a condition of the public weighbridge licensee's licence.

Penalty:   30 penalty units.

  (5)   A person commits an offence if:

  (a)   the person contracts with a public weighbridge licensee to operate a public weighbridge; and

  (b)   an employee of the person engages or fails to engage in conduct; and

  (c)   the conduct or failure is in breach of a condition of the public weighbridge licensee's licence; and

  (d)   the person expressly, tacitly or impliedly authorises or permits the conduct or failure.

Penalty:   30 penalty units.

Employee of person who contracts with public weighbridge licensee to operate weighbridge

  (6)   A person commits an offence if:

  (a)   the person is an employee of a person who contracts with a public weighbridge licensee to operate a public weighbridge; and

  (b)   the person engages or fails to engage in conduct; and

  (c)   that conduct or failure is in breach of a condition of the public weighbridge licensee's licence; and

  (d)   the conduct or failure is not within the actual or apparent scope of the person's employment.

Penalty:   30 penalty units.

  (7)   Subsections   ( 1) to (6) are offences of strict liability.

Note:   For strict liability, see section   6.1 of the Criminal Code .