Document ID: chunk:federal_register_of_legislation:F2016C00581:clause:1_22
Version: federal_register_of_legislation:F2016C00581
Segment Type: clause
Provision Reference: sch 1 cl 22
Character Range: 18300–19999

22  Failure to comply with a condition
 (1) A person is guilty of an offence if a condition of a Class 3 notice or Class 3 permit, or of an exemption granted under regulation 24, is not met by:
 (a) the person; or
 (b) a combination which the person is driving or operating; or
 (c) a single motor vehicle which the person is driving or operating.
 (2) A person convicted of an offence under this Regulation, 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 Class 3 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 a Class 3 vehicle 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 Class 3 vehicle breaks a condition of a notice or permit, or of an exemption granted under regulation 24 by travelling:
 (a) in an area or on a route other than an area or route in or 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) 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).