Australian Capital Territory Numbered Regulations

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DANGEROUS GOODS (ROAD TRANSPORT) REGULATION 2010 (NO 12 OF 2010) - REG 37

Offences—doing of thing prohibited or regulated by determination

    (1)     A person commits an offence if—

        (a)     a determination under this chapter prohibits the doing of a thing; and

        (b)     the determination applies to the person; and

        (c)     the person does the thing.

Maximum penalty: 40 penalty units.

    (2)     A person commits an offence if—

        (a)     a determination under this chapter regulates the doing of a thing; and

        (b)     the determination applies to the person; and

        (c)     the person does the thing contrary to the determination.

Maximum penalty: 40 penalty units.

    (3)     It is a defence to a prosecution for an offence against this section if the person did not know, and could not reasonably have been expected to know, about the determination, or that the determination applied to the person.

Note     The defendant has a legal burden in relation to the matters mentioned in s (3) (see Criminal Code, s 59).



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