Victorian Numbered Acts Victorian Numbered ActsAfter section 31 of the Principal Act insert —
(1) A person must not consign goods for transport if the goods are classified by the regulations as goods too dangerous to be transported.
Penalty: If the failure results in death or serious injury to a person—
(a) in the case of an individual, 500 penalty units or imprisonment for 2 years; or
(b) in the case of a body corporate, 2500 penalty units.
In any other case—
(c) in the case of an individual, 500 penalty units; or
(d) in the case of a body corporate, 2500 penalty units.
(2) A person must not arrange for the transportation of goods on a vehicle owned or controlled by the person if the goods are classified by the regulations as goods too dangerous to be transported.
Penalty: If the failure results in death or serious injury to a person—
(a) in the case of an individual, 500 penalty units or imprisonment for 2 years; or
(b) in the case of a body corporate, 2500 penalty units.
In any other case—
(c) in the case of an individual, 500 penalty units; or
(d) in the case of a body corporate, 2500 penalty units.
(3) An offence against subsection (1) or (2) is an indictable offence.
Note
However, the offence may be heard and determined summarily (see section 53 of, and Schedule 4 to, the Magistrates' Court Act 1989 ).
(4) For the purposes of subsection (1), the person who consigns goods for transport is—
(a) the person named or otherwise identified in transport documentation, with the person's authority, as the consignor of the goods; or
(b) if no person is so named or identified, the person to whom subsection (5) or (6) applies.
(5) This subsection applies to—
(a) the person who engages a prime contractor or rail operator, either directly or through an agent or other intermediary, to transport the goods; or
(b) if paragraph (a) does not apply to anyone, the person who has possession of, or control over, the goods immediately before the goods are transported; or
(c) if neither paragraph (a) nor (b) applies to anyone, the person who loads a vehicle with the goods, for transport, at a place—
(i) where the dangerous goods are awaiting collection; and
(ii) that is unattended (except by the driver) during loading.
(6) If subsection (5) does not apply to anyone, this subsection applies to the person who imports the goods into Australia.
(1) A person involved in the transport of dangerous goods (other than HCDG which do not have a UN number or explosives) by road or rail must, as far as is practicable, ensure that the dangerous goods are transported in a safe manner.
Penalty: If the failure results in death or serious injury to a person—
(a) in the case of an individual, 500 penalty units or imprisonment for 2 years; or
(b) in the case of a body corporate,
2500 penalty units.
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In any other case—
(c) in the case of an individual, 500 penalty units; or
(d) in the case of a body corporate, 2500 penalty units.
(2) An offence against subsection (1) is an indictable offence.
Note
However, the offence may be heard and determined summarily (see section 53 of, and Schedule 4 to, the Magistrates' Court Act 1989 ).
(1) A person must not fail to comply with a relevant provision of this Act in circumstances in which, immediately before or during the failure to comply with the provision, the person knew, or ought reasonably to have known, that the failure would, or would be likely to, endanger the safety or health of another person, property or the environment.
Penalty: In the case of a natural person, 1000 penalty units or imprisonment for 4 years;
In the case of a body corporate, 5000 penalty units.
(2) For the purposes of subsection (1), "relevant provision" means—
(a) section 31, 31A or 31B; or
(b) a provision of the regulations which is prescribed for the purposes of this section.
(3) An offence against subsection (1) is an indictable offence.
Note
However, the offence may be heard and determined summarily (see section 53 of, and Schedule 4 to, the Magistrates' Court Act 1989 ).".