Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts(1) In this chapter:
"minor risk breach", of a mass, dimension or loading requirement means any of the following:
(a) a minor risk breach—mass requirement;
(b) a minor risk breach—dimension requirement;
(c) a minor risk breach—loading requirement.
(2) In this section:
minor risk breach—dimension requirement—
(a) means a breach of a dimension requirement if the subject matter of the breach is smaller than the lower limit for a substantial risk breach of the dimension requirement; and
(b) includes a breach that is taken to be a minor risk breach under section 121 (Requirement breaches relating to dangerous projections—categorisation).
Note 1 The lower limit for a substantial risk breach of a dimension requirement is dealt with in s 113, s 114, s 115 and s 116.
Note 2 However, in some circumstances a minor risk breach is taken to be a substantial risk breach (see s 117, s 118 and s 119).
Note 3 A breach of an Australian heavy vehicle road law about a load projecting dangerously may also be a minor risk breach of a dimension requirement (see s 121).
minor risk breach—loading requirement , for a load, means a breach of a loading requirement if loss or shifting of the load—
(a) has not happened and is not imminent; and
(b) would not involve (if it were to happen) an appreciable risk of harm to public safety, the environment, road infrastructure or public amenity.
Note 1 For whether the loss or shifting of the load in a vehicle or combination is "imminent"—see s 105.
Note 2 Whether a breach of a mass, dimension or loading requirement involves an appreciable risk of harm is dealt with in s 106.
minor risk breach—mass requirement means a breach of a mass requirement if the subject matter of the breach has less mass than the lower limit for a substantial risk breach of the mass requirement.
Note The lower limit for a substantial risk breach of a mass requirement is dealt with in s 112.