Document ID: chunk:federal_register_of_legislation:F2016C00708:clause:2_112:p2
Version: federal_register_of_legislation:F2016C00708
Segment Type: clause
Provision Reference: sch 2 cl 112 (pt 2/2)
Character Range: 182582–184133

operator
 (7) A person is guilty of an offence if:
 (a) a container weight declaration provided to a driver of a vehicle or combination contains information that is false or misleading in a material particular; and
 (b) the person is the operator of the vehicle or combination who arranged for the freight container concerned to be transported in this jurisdiction.

Container weight declaration—certain information not misleading
 (8) Information in a container weight declaration is not false or misleading for the purposes of this Act merely because it overstates the actual weight of the freight container and its contents.

Nature of offences
 (9) The offences under this section are offences of absolute liability.

Reasonable steps defence
 (10) The person charged with an offence under this section has the benefit of the reasonable steps defence.
Note: Section 90 (Reasonable steps defence—reliance on container weight declaration) makes provision for reliance on a container weight declaration where an operator or driver is charged with an offence involving a breach of a mass requirement and is seeking to rely on the reasonable steps defence.

Definition
 (11) In this section:
receiver of goods in Australia means:
 (a) the person who first receives them in Australia, otherwise than as the person who merely unloads them; or
 (b) the person who unpacks the goods after they are first unloaded in Australia;
but does not include a class of persons declared by the regulations to be excluded from this definition.

Division 10—Concessions