Document ID: chunk:federal_register_of_legislation:F2016C00503:schedule:1:p13
Version: federal_register_of_legislation:F2016C00503
Segment Type: schedule
Provision Reference: sch 1 (pt 13/16)
Character Range: 34535–37112

prevent or reduce an aspect, or to eliminate a risk or to minimise the likelihood of a risk eventuating; and
 (h) the cost of eliminating a risk or minimising the likelihood of a risk eventuating.
 (2) Evidence that the person had complied with a registered industry code of practice in relation to the matters that the offence relates to, is evidence that the person had taken reasonable steps.
Note: Industry codes of practice may be registered under section 179 (Registration of industry codes of practice) of the C & E Act or under a corresponding road law.
 (3) However, a person who is charged with an offence may rely on subsection (2) only if she or he serves a notice of intention to do so on the prosecution at least 28 days before the day on which the hearing for the offence is to start.

Division 2—Evidential matters

31.  Deciding what a person ought reasonably to have known
  If, in a prosecution for an offence against this Act, it is relevant to prove that someone ought reasonably to have known something, the issue must be decided having regard to –
 (a) the person's abilities, experience, expertise, knowledge, qualifications and training; and
 (b) the circumstances of the offence; and
 (c) any other matters specified by the regulations for the purposes of this section.

32.  Commission of speeding offence is irrelevant to Part 2 prosecutions
  In a prosecution under Part 2, it is not necessary to prove that a driver exceeded a speed limit.

Division 3—Enforcement powers

33.  General enforcement powers
 (1) Nothing in this Act has the effect of preventing or excluding the use of any other powers of enforcement available to an authorised officer or police officer in relation to a road law.
 (2) A power available to an authorised officer or a police officer under the C & E Act may be applied in relation to an offence under this Act, unless the power is only able to be applied in relation to a breach of a mass, dimension or load restraint requirement under the C & E Act.
 (3) For the purposes of this Act, the power to inspect a heavy vehicle under section 36 of the C & E Act includes the power to download information from the engine management system and any intelligent transport system fitted to the vehicle.

Division 4—Penalties

34.  Penalties
 (1) A reference in an offence provision in this Act to a court‑imposed penalty is the maximum fine for an individual who is found guilty of the offence by a court.
 (2) A reference in an offence provision in this Act to an infringement notice penalty is the fine payable for the offence