Victorian Consolidated Legislation

Dangerous Goods Act 1985 - SECT 31C

Aggravated offence

31C. Aggravated offence



(1) A person must not fail to comply with a relevant provision of this Act in
circumstances in which, immediately before or during the failure to comply
with the provision, the person knew, or ought reasonably to have known, that
the failure would, or would be likely to, endanger the safety or health of
another person, property or the environment.

Penalty: In the case of a natural person, 1000 penalty units or imprisonment
for 4 years; In the case of a body corporate, 5000 penalty units.

(2) For the purposes of subsection (1), relevant provision means-

   (a)  section 31, 31A or 31B; or

   (b)  a provision of the regulations which is prescribed for the purposes of
        this section.





(3) An offence against subsection (1) is an indictable offence.

Note However, the offence may be heard and determined summarily (see section
53 of, and Schedule 4 to, the Magistrates' Court Act 1989).