(1) A person involved in the transport of dangerous goods by road or rail who
fails to ensure that the goods are transported in a safe manner is guilty of
an offence.
(2) If a person involved in the transport of dangerous goods by
road or rail fails to comply with a provision of this Act or the regulations
in circumstances where the person knew, or ought reasonably to have known,
that the failure would be likely to endanger the safety of another person or
of property or the environment, the person is guilty of an offence.
(3) It is
a defence to any proceedings against a person for an offence against
subsection (1) if the person proves that--
(a) it was not reasonably
practicable for the person to comply with the provision, or
(b) the
commission of the offence was due to causes over which the person had no
control and against the happening of which it was impracticable for the person
to make provision.
: Maximum penalty--500 penalty units or imprisonment for 2
years, or both, for an individual or 2,500 penalty units for a body corporate.
