Document ID: chunk:federal_register_of_legislation:F2016C00742:clause:1_12
Version: federal_register_of_legislation:F2016C00742
Segment Type: clause
Provision Reference: sch 1 cl 12
Character Range: 14939–16906

12  Failure to comply with a condition
 (1) A person is guilty of an offence if a condition of a notice or permit, or of an exemption granted under regulation 15, is breached by:
 (a) the person; or
 (b) a combination which the person is driving or operating; or
 (c) a motor vehicle which does not form part of a combination, and which the person is driving or operating; or
 (d) a vehicle forming part of a combination which the person is driving or operating.
 (2) A person convicted of an offence under these Regulations for breaching a condition, except in the circumstances referred to in subregulation (3), is liable to a penalty not exceeding $2 000 for an individual or $10 000 for a body corporate.
 (3) A person convicted of an offence for breaching a mass limit contained in the conditions of a notice or permit is liable to a penalty not exceeding $3 000 for an individual or $15 000 for a body corporate.
 (4) The driver or operator of an oversize or overmass vehicle or combination is not liable to prosecution under these Regulations, but may be liable to prosecution under the Mass and Loading Regulations or the Vehicle Standards Regulations if the vehicle or combination breaks a condition of a notice or permit, or of an exemption granted under regulation 15 by travelling:
 (a) on a route other than a route on which it is permitted to travel under a notice or permit; or
 (b) at a time other than a time at which it is permitted to travel under a notice or permit; or
 (c) accompanied by fewer than the number of pilot or escort vehicles required under a notice or permit that applies to it; or
 (d) with an aggregate mass that is more than 10% in excess of the limit allowed under a notice or permit.
 (5) Any notice or permit issued under these Regulations must be disregarded for the purposes of a prosecution under the Mass and Loading Regulations or the Vehicle Standards Regulations in the circumstances referred to in subregulation (4).