Queensland Numbered Acts Queensland Numbered Acts(1) This section applies to an offence against section 96, 102 or 111 (a relevant offence).
(2) If a relevant offence is committed in relation to a heavy vehicle, each of the following persons is taken to have committed an offence against this subsection—
(a) an employer of the driver of the vehicle if the driver is an employed driver;
(b) a prime contractor of the driver of the vehicle if the driver is a self-employed driver;
(c) an operator of the vehicle or, if it is a combination, an operator of a vehicle in the combination;
(d) a consignor of any goods for road transport using the vehicle that are in the vehicle;
(e) a packer of any goods in the vehicle;
(f) a loading manager for any goods in the vehicle;
(g) a loader of any goods in the vehicle.
Maximum penalty for an offence against this subsection—an amount equal to the maximum penalty for the relevant offence.
(3) A person charged with an offence against subsection (2) does not have the benefit of the mistake of fact defence for the offence.
(4) However, in a proceeding for an offence against subsection (2), the person charged has the benefit of the reasonable steps defence for the offence.
Note—
See Divisions 1 and 2 of Part 10.4 for the reasonable steps defence.
(5) In a proceeding for an offence against subsection (2)—
(a) it is irrelevant whether or not the driver has been or will be proceeded against, or convicted of, the relevant offence; and
(b) evidence a court has convicted the driver of the relevant offence is evidence that the offence happened at the time and place, and in the circumstances, stated in the charge resulting in the conviction; and
(c) evidence of details stated in an infringement notice issued for the relevant offence is evidence that the offence happened at the time and place, and in the circumstances, stated in the infringement notice.