Queensland Numbered Acts Queensland Numbered Acts(1) An operator of a heavy vehicle must not permit the vehicle's driver to transport the freight container by road using the vehicle unless the driver has been provided with a complying container weight declaration for the freight container.
Maximum penalty—$6000.
(2) If the driver of a heavy vehicle does not have the complying container weight declaration when transporting the freight container by road using the vehicle, an operator of the vehicle is taken to have contravened subsection (1) unless the operator proves that the driver was provided with the declaration before the driver started transporting the freight container.
(3) If the freight container is to be transported partly by a person (a carrier) by a means other than by road using a heavy vehicle, an operator of a heavy vehicle must not give the freight container to the carrier unless the carrier has been provided with—
(a) a complying container weight declaration for the freight container; or
(b) the prescribed particulars contained in a complying container weight declaration for the freight container.
Maximum penalty—$6000.
(4) A person charged with an offence against subsection (1) or (3) does not have the benefit of the mistake of fact defence for the offence.
(5) However, in a proceeding for an offence against subsection (1) or (3), 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.
(6) In this section—
prescribed particulars, contained in a complying container weight declaration for a freight container, means—
(a) information about the weight of the freight container and its contents; and
(b) the information mentioned in section 189(a).