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HEAVY VEHICLE NATIONAL LAW (ACT) - SECT 81

Contravening condition of vehicle standards exemption

    (1)     A person must not contravene a condition of a vehicle standards exemption.

Maximum penalty—$4000.

    (2)     A person must not use, or permit to be used, on a road a heavy vehicle that contravenes a condition of a vehicle standards exemption applying to the vehicle.

Maximum penalty—$4000.

    (3)     A person must not use a heavy vehicle, or permit a heavy vehicle to be used, on a road in a way that contravenes a condition of a vehicle standards exemption applying to the vehicle.

Maximum penalty—$4000.

    (4)     A person does not commit an offence against this Law in relation to a heavy vehicle contravening a heavy vehicle standard if—

        (a)     the heavy vehicle is exempt, under a vehicle standards exemption, from compliance with the heavy vehicle standard; and

        (b)     the heavy vehicle, and its use on a road, complies with the conditions of the exemption.

    (5)     However, if a person commits a condition offence in relation to the exemption—

        (a)     the exemption does not operate in the person's favour while the contravention constituting the offence continues; and

        (b)     the exemption must be disregarded in deciding whether the person has committed an offence in relation to a contravention of a heavy vehicle standard applying to a heavy vehicle.

    (6)     If, because of the operation of subsection (5), a person commits an offence against a provision of this Law (the other offence provision ) in relation to a heavy vehicle standard to which the exemption applies, the person—

        (a)     may be charged with the condition offence or an offence against the other offence provision; but

        (b)     must not be charged with both offences.

    (7)     Subsection (1) does not apply to a condition mentioned in section 82(1).

    (8)     In this section—

"condition offence" means an offence against subsection (1), (2) or (3).



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