Document ID: chunk:federal_register_of_legislation:F2016C00708:clause:2_115
Version: federal_register_of_legislation:F2016C00708
Segment Type: clause
Provision Reference: sch 2 cl 115
Character Range: 185168–186049

115  Effect of contravening condition—prosecutions or other action
 (1) If a person engages in conduct that contravenes a condition of a mass, dimension or load restraint concession:
 (a) the concession does not, while the contravention continues, operate in the person's favour; and
 (b) accordingly, the concession is to be disregarded in determining whether there has been a breach of a mass, dimension or load restraint requirement and in determining the risk category to which the breach belongs.
 (2) Where, by virtue of subsection (1), a person is guilty of an offence against the provision of a road law from which the person was exempted by the concession concerned, the person may be proceeded against either for that offence or for the offence under section 114 (Offence of contravening condition) of engaging in conduct that contravenes a condition of the concession.