(1) This section applies if a freight container contains goods consigned for road transport using a heavy vehicle, or for transport partly by road using a heavy vehicle and partly by some other means.
(2) Each consignor or packer of the goods commits an offence if the weight of the container exceeds the maximum gross weight marked on the container or the container's safety approval plate.
Maximum penalty—$10000.
(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 this section—
safety approval plate, for a freight container, means the safety approval plate required to be attached to the container under the International Convention for Safe Containers set out in Schedule 5 of the Navigation Act 1912 of the Commonwealth.