Document ID: chunk:federal_register_of_legislation:F2016C00656:clause:1_4l:p6
Version: federal_register_of_legislation:F2016C00656
Segment Type: clause
Provision Reference: sch 1 cl 4L (pt 6/43)
Character Range: 35138–37983

(a) in subsection (1), for "containers to" substitute "packaging";
 (b) in subsection (2) –
 (i) for "containers" substitute "packaging";
 (ii) for "transported" substitute "transported,";
 (c) in subsection (3) –
 (i) for "containers" substitute "packaging";
 (ii) for "storing" substitute "storing,".

28.  When compensation orders can be made
  For section 94(6) substitute –
 "(6) The court may make a compensation order on an application made when it finds the offender guilty of the offence, or on an application made not later than the period within which a prosecution for the offence could have been commenced.".

29.  Recovery of costs
 (1) In section 98 –
 (a) in the heading, omit "from convicted person";
 (b) in subsection (1), for "convicts a person" substitute "finds a person guilty";
 (c) in subsection (1), for "penalty, order the convicted" substitute "sanction, order the".
 (2) After section 98(2) insert –
 "(3) An order may be made on the application of the Competent Authority made either at the time of the finding of guilt, or at any time not later than the period within which a prosecution for the offence could have been commenced.".

30.  Correction of minor matter
  In section 107(3), omit "road law".

31.  Special defence for owners or operators
 (1) In section 111(2)(a), omit "on a road".
 (2) In section 111(3) –
 (a) in the definition of deficiency concerning a vehicle or dangerous goods, for "or on or in" substitute "or to be met in relation to".
 (b) omit the definitions of operator and owner.

32.  Evidence
 (1) In section 114(2) –
 (a) for paragraph (c) substitute –
 "(c) if markings or placards on or attached to a substance or packaging indicate that the substance is, or the packaging contains, particular dangerous goods—that the substance is, or the packaging contains, those dangerous goods; or";
 (b) for paragraph (f) substitute –
 "(f) if markings or placards on or attached to a substance or packaging indicate, in relation to the substance, the packaging or the contents of the packaging, a particular capacity, tare weight, origin, character, specification, ownership or date of manufacture—that the substance, the packaging or the contents of the packaging has that capacity, tare weight, origin, character, specification, ownership or date of manufacture; or";
 (c) for paragraph (h) substitute –
 "(h) if markings or placards on or attached to a vehicle or packaging indicate, in relation to the load of the vehicle or the contents of the packaging, a particular quantity of dangerous goods—that the vehicle or packaging contained that quantity of dangerous goods; or".
 (2) In section 115, for "Evidence" substitute "For the purposes of this Act, evidence".

33.  Further miscellaneous amendments
 (1) In sections 114(2)(d) and (g), omit "or overpack" (wherever occurring).
 (2) In