Australian Capital Territory Numbered Regulations

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DANGEROUS GOODS (ROAD TRANSPORT) REGULATION 2010 (NO 12 OF 2010) - REG 154

Offence—prime contractor—food or food packaging

    (1)     This section applies if—

        (a)     an incident involving a vehicle transporting dangerous goods results in the leakage, spillage or accidental escape of the dangerous goods, or in a fire or explosion; and

        (b)     there is food or food packaging in the vicinity of the incident that is within the control of a prime contractor.

    (2)     The prime contractor commits an offence if—

        (a)     the food or food packaging is transported from the site of the incident; and

        (b)     the competent authority has not given permission to the prime contractor to transport the food or food packaging from the site.

Maximum penalty: 40 penalty units.

    (3)     For subsection (2) (b), the competent authority may give permission to a prime contractor to transport food or food packaging from the site.

    (4)     The permission—

        (a)     must be in writing; and

        (b)     must state the name of the prime contractor; and

        (c)     must identify the incident; and

        (d)     must identify the food or food packaging to which it relates; and

        (e)     must take into consideration any requirements of the appropriate food and health authorities; and

        (f)     may contain any other information that the competent authority considers necessary.

    (5)     An offence against this section is a strict liability offence.



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