Document ID: chunk:federal_register_of_legislation:F2016C00656:clause:1_4l:p5
Version: federal_register_of_legislation:F2016C00656
Segment Type: clause
Provision Reference: sch 1 cl 4L (pt 5/43)
Character Range: 32563–35445

in the transport of the dangerous goods on the train".

19.  Power to search premises
  In section 44(8)(b)(ii), after "goods" insert "or packaging".

20.  Exemptions
  At the end of section 64(7) insert –
"Offence provision".

21.  Offences concerning failure to hold licence
 (1) After section 69(1) insert –
 "(1A) A person must not consign dangerous goods for transport by road on a vehicle if the person knows, or reasonably ought to know that:
 (a) the {subordinate law} requires the vehicle to be licensed to transport the goods; and
 (b) the vehicle is not licensed under the {subordinate law}.
Offence provision.".
 (2) Omit section 69(4).
 (3) In section 69(6), omit ", (4)".

22.  Omission of relocated provisions
  Omit sections 70(4) – (7).

23.  Contravention of improvement notices
  For sections 73(1) – (4) substitute –
 "(1) A person on whom an improvement notice is served must comply with the notice unless he, she or it has a reasonable excuse for not doing so.
Offence provision.
 (2) In proceedings for an offence under subsection (1), it is a defence if the person charged establishes that –
 (a) the alleged contravention or likely contravention; or
 (b) the matters or activities occasioning the alleged contravention or likely contravention –
specified in the notice was, or were, remedied within the period specified in the notice, though by a method different from that specified in the notice.".

24.  Miscellaneous amendments
 (1) In section 75(1), before "Competent" insert "authorised officer or the".
 (2) In section 78(1), omit "written".
 (3) In section 83, in the heading and wherever else occurring, for "penalties" substitute "sanctions".
 (4) In section 84(2), for "penalty" (wherever occurring) substitute "fine".
 (5) In section 87(1), for "convicted" substitute "found guilty".
 (6) In section 87(3), for "owner" substitute "operator".

25.  Supervisory intervention orders
  After section 88(8) insert –
 "(9) For the purposes of subsections (1) and (5), if a person has committed at least one offence against this Act, the Court may treat any offences that the person has committed under any corresponding law as if they had also been committed under this Act.".

26.  Exclusion orders
  After section 90(5) insert –
 "(6) For the purposes of subsections (1) and (4), if a person has committed at least one offence against this Act, the Court may treat any offences that the person has committed under any corresponding law as if they had also been committed under this Act.".

27.  Correction of minor matters
  In section 92 –
 (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.