Australian Capital Territory Numbered Regulations

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DANGEROUS GOODS (ROAD TRANSPORT) REGULATION 2010 (NO 12 OF 2010) - REG 65

Offences—manufacturer fails to attach compliance plate to portable tank, MEGC or tank vehicle

    (1)     A person commits an offence if the person—

        (a)     manufactures a portable tank or MEGC for use in the transport of dangerous goods; and

        (b)     fails to attach a compliance plate to the tank or MEGC in accordance with the ADG code, chapter 6.7.

Maximum penalty: 40 penalty units.

    (2)     Subsection (1) does not apply to a person in relation to a portable tank if the ADG code, chapter 6.7 permits the marking of the tank instead of the attachment of a compliance plate, and if the tank is marked as required by the chapter.

Note     The defendant has an evidential burden in relation to the matters mentioned in s (2) (see Criminal Code, s 58).

    (3)     A person commits an offence if the person—

        (a)     manufactures a tank vehicle for use in the transport of dangerous goods; and

        (b)     fails to attach a compliance plate to the vehicle in accordance with the ADG code, section 6.9.2.2.

Maximum penalty: 40 penalty units.

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



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