Victorian Consolidated Legislation

Dangerous Goods Act 1985 - SECT 41

Proceedings for an offence

41. Proceedings for an offence



(1) The following provisions shall apply in respect of any legal proceedings
for an offence against this Act:

   (a)  Where an inspector or a delegate gives evidence that that inspector or
        delegate suspects that-

   (i)  particular dangerous goods were involved in an offence; or

   (ii) writing or markings on any substance, article or container or on any
        label attached to any substance, article or container indicates or
        indicate that particular dangerous goods were involved in an offence-
        together with evidence of the grounds on which the inspector or
        delegate so suspects, and the court considers that the suspicion is
        reasonable, the particular dangerous goods shall, in the absence of
        proof to the contrary, be deemed to have been involved in the offence;

   (b)  An original or copy made pursuant to section 19C by an inspector or a
        delegate of any entry in any document and certified by the inspector
        or delegate who caused such copy to be made to be a true copy shall be
        admissible in evidence and, in the absence of evidence to the
        contrary, shall be proof of the particulars contained in the document;

   (c)  Where an inspector or a delegate gives evidence that that inspector or
        delegate suspects that the vehicle or container to which the offence
        relates contained a quantity of dangerous goods greater than a
        quantity specified in respect of those dangerous goods or that class
        of dangerous goods under the regulations (whether that quantity is
        measured by mass or volume) together with evidence of the grounds on
        which the inspector or delegate so suspects, and the court considers
        that the suspicion is reasonable, the vehicle or the container shall,
        in the absence of proof to the contrary, be deemed to have contained a
        quantity of dangerous goods greater than the quantity referred to in
        this paragraph; and

   (d)  Where an inspector or a delegate gives evidence-

   (i)  that writing, markings or a label on a container to which the offence
        relates purports or purport to indicate the capacity, tare weight,
        origin, character, specification, ownership or date of manufacture of
        the container; and

   (ii) that the inspector or delegate believes that the writing, markings or
        label was or were applied to the container in the course of its
        manufacture or by the manufacturer of the container, or at a place
        where the container was filled or where dangerous goods were
        transferred into the container, together with evidence of the grounds
        on which the inspector or delegate so believes and the court considers
        that the belief is reasonable- the container shall, in the absence of
        proof to the contrary, be deemed to be of the capacity, tare weight,
        character or specification or to be of the origin or ownership or to
        have been manufactured on the date indicated by the writing, markings
        or label.

(2) For the purposes of paragraphs (a), (c) and (d) of subsection (1)
container includes anything in or by which any substance or article suspected
by the inspector or delegate to be dangerous goods is wholly or partly cased,
covered, enclosed, contained or packed.

(3) For the purposes of this section, delegate means an officer of the Roads
Corporation, member of the police force or officer or member of a fire
authority who is acting or has acted pursuant to an instrument of delegation
under section 10B.