New South Wales Consolidated Acts

PROTECTION OF THE ENVIRONMENT OPERATIONS ACT 1997 - SECT 160

160 Defences

(1) Sale of motor vehicle It is a defence to a prosecution for an offence under section 155, 156 or 159 if the defendant proves--

(a) that the offence was committed by the defendant in the course of employment by another person, or

(b) that upon, or in the event of, the sale of the motor vehicle, the defendant received or was to receive remuneration, by way of commission, from a person other than the owner of the motor vehicle.

(2) Sale of vehicle emitting excessive air impurities It is a defence to a prosecution for an offence under section 155 if the defendant proves--

(a) that the defendant took all reasonable and practicable steps to prevent the commission of the offence, and

(b) that no visible air impurities were emitted by the motor vehicle.

(3) Removal, adjustment, modification etc resulting in excessive air impurities It is a defence to a prosecution for an offence under section 157 if the defendant proves that the removal, disconnection, impairment, adjustment or modification was done--

(a) in order to service, repair or replace the anti-pollution device or the part of the motor vehicle concerned, or to improve its efficiency with respect to minimising air pollution, or

(b) as a temporary measure, in order to facilitate the service or repair of a motor vehicle, or

(c) in order to facilitate the use of a motor vehicle for motor racing or off-road motor sport (being a motor vehicle that immediately before that removal or other action was not a vehicle of a kind capable of being registered within the meaning of the Road Transport Act 2013 ) and that the vehicle is to be used in that condition only in the competition itself.

(4) Adjustment or modification resulting in excessive air impurities It is a defence to a prosecution for an offence under section 157 (2) if the defendant proves that, at the time the offence was committed--

(a) the defendant did not know and could not reasonably be expected to have known that the motor vehicle emitted excessive air impurities, and

(b) no visible air impurities were emitted by the motor vehicle.

(5) Sale of vehicle required to be serviced as prescribed It is a defence to a prosecution for an offence under section 159 if the defendant proves that the defendant took all reasonable steps to ensure that the motor vehicle was serviced, maintained or adjusted as required by the regulations.

(6) Sale of vehicle for use in competitive sport It is a defence to a prosecution for an offence under section 155 or 156, if the defendant proves that the motor vehicle--

(a) was constructed or has been modified solely for use in motor racing or off-road motor sport, and

(b) was not a vehicle of a kind capable of being registered within the meaning of the Road Transport Act 2013 .