Document ID: chunk:federal_register_of_legislation:F2016C00708:clause:2_97
Version: federal_register_of_legislation:F2016C00708
Segment Type: clause
Provision Reference: sch 2 cl 97
Character Range: 164787–166616

97  Matters to be taken into consideration by courts
 (1) The purpose of this section is to bring to the attention of courts the general implications and consequences of breaches of mass, dimension or load restraint requirements when determining the kinds and levels of sanctions to be imposed.
 (2) In determining the sanctions (including the level of fine) that are to be imposed in respect of breaches of mass, dimension or load restraint requirements, courts are to take into consideration the following matters:
 (a) minor risk breaches involve either or both of the following:
 (i) an appreciable risk of accelerated road wear;
 (ii) an appreciable risk of unfair commercial advantage;
 (b) substantial risk breaches involve one or more of the following:
 (i) a substantial risk of accelerated road wear;
 (ii) an appreciable risk of damage to road infrastructure;
 (iii) an appreciable risk of increased traffic congestion;
 (iv) an appreciable risk of diminished public amenity;
 (v) a substantial risk of unfair commercial advantage;
 (c) severe risk breaches involve one or more of the following:
 (i) an appreciable risk of harm to public safety or the environment;
 (ii) a serious risk of accelerated road wear;
 (iii) a serious risk of harm to road infrastructure;
 (iv) a serious risk of increased traffic congestion;
 (v) a serious risk of diminished public amenity;
 (vi) a serious risk of unfair commercial advantage.
 (3) Nothing in this section affects any other matters that may or must be taken into consideration by a court.
 (4) Nothing in this section authorises or requires a court to assign the breach to a different category of breach.
 (5) Nothing in this section requires evidence to be adduced in relation to the matters that are to be taken into consideration by a court pursuant to this section.