TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) ACT 1995 - SECT 160 Exclusion orders prohibiting involvement in the transport of dangerous goods

TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) ACT 1995 - SECT 160

160 Exclusion orders prohibiting involvement in the transport of dangerous goods

(1) This section applies if a person is convicted of an offence against this Act relating to the transport of dangerous goods.

(2) The court before which the person is convicted may, after having regard to the following matters, make an order (an
"exclusion order" ) that the person be prohibited for a stated period from involvement in the transport of dangerous goods—

(a) the person’s record in the transport of dangerous goods;

(b) the person’s criminal history to the extent the court considers it relevant to the making of the exclusion order;

(c) the circumstances surrounding the commission of the offence;

(d) any other matters the court considers appropriate.

(2A) However, the court must not make an exclusion order that prohibits the person from either of the following—

(a) driving a vehicle other than a dangerous goods vehicle; or

(b) registering a vehicle.

(3) A person must not contravene an exclusion order made under subsection (2) .

Penalty—

Maximum penalty—500 penalty units or 2 years imprisonment.

Note—

If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 57 , to have also committed the offence.

(4) Subsections (2) and (2A) do not limit any other penalty the court may impose for the offence.

(5) If a court has made an exclusion order, the court may revoke or amend the exclusion order on the application of—

(a) the chief executive; or

(b) the person for whom the order was made but only if the court is satisfied there has been a change of circumstances warranting revocation or amendment and the chief executive was given reasonable notice of the application.

(6) For subsection (5) , the chief executive is entitled to appear and be heard and to give and produce evidence at the hearing of the application for or against the granting of the revocation or amendment.

(7) In this section—


"criminal history" , of a person, means each of the following despite the Criminal Law (Rehabilitation of Offenders) Act 1986 , sections 6 , 8 and 9 —

(a) every conviction of the person for an offence, in Queensland or elsewhere, and whether before or after the commencement of this Act;

(b) every charge made against the person for an offence, in Queensland or elsewhere, and whether before or after the commencement of this Act.