Northern Territory Consolidated Acts

TRANSPORT OF DANGEROUS GOODS BY ROAD AND RAIL (NATIONAL UNIFORM LEGISLATION) ACT 2010 - SECT 115

    (1)     The rail or road authority must not use a document made under section 114(2) in proceedings for the order unless it has served a copy of the document on the offender within 28 working days before the day the matter is set down for hearing ( the day of hearing ).

    (2)     If the offender wishes to challenge a statement in the document, the offender must:

        (a)     serve a written notice on the rail or road authority at least 14 working days before the day of hearing; and

        (b)     specify in the notice the matters in the document that the offender intends to challenge; and

        (c)     if the offender intends to challenge the accuracy of a measurement, analysis or reading stated in the document – specify in the notice:

            (i)     the reason why the offender alleges that it is inaccurate; and

            (ii)     the measurement, analysis or reading that the offender considers to be correct.

    (3)     The requirements of subsection (2) in relation to a document made under section 114(2) must be met before the offender may challenge a statement in the document.

    (4)     Despite subsection (3), the court may allow the offender to challenge a statement in the document if the court considers it to be in the interests of justice.