Document ID: chunk:federal_register_of_legislation:F2016C00531:clause:1_6
Version: federal_register_of_legislation:F2016C00531
Segment Type: clause
Provision Reference: sch 1 cl 6
Character Range: 5634–7004

6  Corresponding provisions of the road laws of other jurisdictions
 (1) For subsection 132(7) of the Act, a court may treat an offence provision of a road law of another jurisdiction as a corresponding provision of an offence provision mentioned in Column 1 of Schedule 2 to the Act if:
 (a) the first‑mentioned offence provision relates to mass, dimension or load restraint requirements; and
 (b) the court is satisfied that:
 (i) conduct that contravenes the first‑mentioned offence provision would, if it occurred within this jurisdiction, contravene the offence provision mentioned in Schedule 2; or
 (ii) conduct that contravenes the first‑mentioned offence provision is sufficiently similar to conduct that contravenes the offence provision mentioned in Schedule 2 that it is just to treat the first‑mentioned offence provision as a corresponding provision of the offence provision mentioned in Schedule 2.
 (2) For subregulation (1), it is immaterial, for the purpose of determining whether a provision of a road law corresponds to a provision mentioned in Column 1 of Schedule 2, that:
 (a) strict liability or absolute liability applies to some or all of the physical elements of the offence created by 1 provision but not to any elements or the same elements of the offence created by the other provision; or
 (b) either of the provisions has been repealed.