DANGEROUS GOODS ACT 1985 - SECT 21AA Failure to hold licence and other offences relating to the transport of dangerous goods

DANGEROUS GOODS ACT 1985 - SECT 21AA

    (1)     This section does not apply in relation to a HCDG licence or an explosives licence.

    (2)     A prime contractor must not use a vehicle to transport dangerous goods (other than as the driver of the vehicle) if—

        (a)     the regulations require the vehicle to be licensed to transport the goods; and

        (b)     the vehicle is not licensed under the regulations.

Penalty:     If the failure results in death or serious injury to a person—

        (a)     in the case of an individual, 500 penalty units or imprisonment for 2 years; or

        (b)     in the case of a body corporate, 2500 penalty units.

In any other case—

        (c)     in the case of an individual, 500 penalty units; or

        (d)     in the case of a body corporate, 2500 penalty units.

    (3)     For the purposes of subsection (2), "prime contractor", in respect of the transport of dangerous goods by road, means the person who, in conducting a business for or involving the transport of dangerous goods by road, has undertaken to be responsible for, or is responsible for, the transport of the goods by road.

    (4)     An offence against subsection (2) is an indictable offence.

Note to s. 21AA(4) amended by No. 68/2009 s. 97(Sch. item 44.5).

Note

However, the offence may be heard and determined summarily (see section 28 of the Criminal Procedure Act 2009 ).

    (5)     A person must not consign dangerous goods for transport by road on a vehicle if the person knows, or reasonably ought to know that—

        (a)     the regulations require the vehicle to be licensed to transport the goods; and

        (b)     the vehicle is not licensed under the regulations.

Penalty:     In the case of a natural person, 100 penalty units;

In the case of a body corporate, 500 penalty units.

    (6)     A person must not employ, engage or permit another person to drive a vehicle transporting dangerous goods if the other person is required by the regulations to be licensed to drive the vehicle and is not so licensed.

Penalty:     If the failure results in death or serious injury to a person—

        (a)     in the case of an individual, 500 penalty units or imprisonment for 2 years; or

        (b)     in the case of a body corporate, 2500 penalty units.

In any other case—

        (c)     in the case of an individual, 500 penalty units; or

        (d)     in the case of a body corporate, 2500 penalty units.

    (7)     An offence against subsection (6) is an indictable offence.

Note to s. 21AA(7) amended by No. 68/2009 s. 97(Sch. item 44.6).

Note

However, the offence may be heard and determined summarily (see section 28 of the Criminal Procedure Act 2009 ).

    (8)     A person must not drive a vehicle transporting dangerous goods if—

        (a)     the regulations require the vehicle to be licensed to transport the goods; and

        (b)     the vehicle is not licensed under the regulations.

Penalty:     100 penalty units.

    (9)     A person must not drive a vehicle transporting dangerous goods if—

        (a)     the regulations require the person to be licensed to drive the vehicle; and

        (b)     the person is not licensed under the regulations.

Penalty:     100 penalty units.

S. 21A inserted by No. 67/2004 s. 7.