Document ID: chunk:federal_register_of_legislation:F2024C00392:clause:1_69
Version: federal_register_of_legislation:F2024C00392
Segment Type: clause
Provision Reference: sch 1 cl 69
Character Range: 87589–89229

69  Failure to hold licence etc
 (1) A prime contractor must not use a vehicle to transport dangerous goods (other than as the driver of the vehicle) if:
 (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}. (35)
Offence provision. (35)
 (2) A person must not employ, engage or permit another person to drive a vehicle transporting dangerous goods if the other person is required by the {subordinate law} to be licensed to drive the vehicle and is not so licensed. (35)
Offence provision. (35)
 (3) A person must not drive a vehicle transporting dangerous goods if:
 (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}. (35)
Offence provision. (35)
 (4) A person who is required by the {subordinate law} to be accredited to be involved in the transport of dangerous goods, or a particular aspect of that transport, must not be so involved without being so accredited. (35)
Offence provision. (35)
 (5) A person must not drive a vehicle transporting dangerous goods if:
 (a) the {subordinate law} requires the person to be licensed to drive the vehicle; and
 (b) the person is not licensed under the {subordinate law}. (35)
Offence provision. (35)
 {(6) For this section:
 (a) an offence against subsection (1), (3), (4) or (5) is an offence of strict liability; and
 (b) strict liability applies to the physical element in subsection (2) that the other person is required by the {subordinate law} to be licensed to drive the vehicle.} (new)