New South Wales Consolidated Acts

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ROAD TRANSPORT (GENERAL) ACT 2005 - SECT 69

Liability of consignee-knowledge of matters relating to container weight declaration

69 Liability of consignee-knowledge of matters relating to container weight declaration

(cf model provisions, s 106)
Without limiting section 58 (Liability of consignee), a consignee of goods is taken to have intended the result referred to in section 58 (1) (b) if:

(a) the conduct concerned related to a freight container, and
(b) the person knew or ought reasonably to have known that:
(i) a container weight declaration for the container was not provided as required by this Act, or
(ii) a container weight declaration provided for the container contained information about the weight of the container and its contents that was false or misleading in a material particular.
Note: Section 58 (1) provides that a person who is a consignee of goods consigned for road transport is guilty of an offence if the person engages in conduct that results or is likely to result in inducing or rewarding a breach of a relevant mass, dimension or load restraint requirement and the person intends that result.



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