New South Wales Consolidated Acts

ROAD TRANSPORT (GENERAL) ACT 2005 - SECT 58

58 Liability of consignee

(cf model provisions, s 96)

(1) A person who is a consignee of goods consigned for road transport is guilty of an offence if:

(a) the person engages in conduct, and

(b) that conduct results or is likely to result in inducing or rewarding a breach of a relevant mass, dimension or load restraint requirement, and

(c) the person intends that result.

Note: Section 69 (Liability of consignee-knowledge of matters relating to container weight declaration) provides that a consignee is taken to have intended the result referred to in subsection (1) if the consignee knew or ought reasonably to have known that a container weight declaration was not provided as required or that a container weight declaration contained false or misleading information about the weight of a freight container.

(2) A person who is a consignee of goods consigned for road transport is guilty of an offence if:

(a) the person engages in conduct, and

(b) that conduct results or is likely to result in inducing or rewarding a breach of a relevant mass, dimension or load restraint requirement, and

(c) the person is reckless as to the matter mentioned in paragraph (b).

(3) A person who is a consignee of goods consigned for road transport is guilty of an offence if:

(a) the person engages in conduct, and

(b) that conduct results or is likely to result in inducing or rewarding a breach of a relevant mass, dimension or load restraint requirement, and

(c) the person is negligent as to the matter mentioned in paragraph (b).

Maximum penalty:

(a) first offence-50 penalty units (in the case of an individual) or 250 penalty units (in the case of a corporation), or

(b) subsequent offence-100 penalty units (in the case of an individual) or 500 penalty units (in the case of a corporation).