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DANGEROUS GOODS ACT 1985 - SECT 31C Aggravated offence

DANGEROUS GOODS ACT 1985 - SECT 31C

Aggravated offence

S. 31C(1) amended by No. 38/2019 s. 7.

    (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, 1800 penalty units or imprisonment for 5 years;

In the case of a body corporate, 20 000 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 to s. 31C(3) amended by No. 68/2009 s. 97(Sch. item 44.10).

Note

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

S. 31D inserted by No. 38/2019 s. 8.