Document ID: chunk:federal_register_of_legislation:F2024C00392:clause:1_70
Version: federal_register_of_legislation:F2024C00392
Segment Type: clause
Provision Reference: sch 1 cl 70
Character Range: 89229–90993

70  Goods too dangerous to be transported
 (1) A person must not consign goods for transport if the {subordinate law} identifies the goods as being goods too dangerous to be transported. (36 + new)
Offence provision. (36)
 (2) An offence against subsection (1) is an offence of strict liability.
 (3) Subsection (1) includes a person who arranges for the conveyance of goods too dangerous to be transported on a vehicle owned or controlled by the person. (new)
 (4) For the purposes of this section, a person consigns goods too dangerous to be transported if:
 (a) subsection (5) applies to the person; or
 (b) subsection (5) does not apply to the person or anyone else, but subsection (6) applies to the person; or
 (c) subsections (5) and (6) do not apply to the person or anyone else, but subsection (7) applies to the person.
 (5) This subsection applies to a person who, with the person's authority, is named or otherwise identified in transport documentation as the consignor of the goods too dangerous to be transported.
 (6) This subsection applies to a person who:
 (a) engages a prime contractor or rail operator, either directly or through an agent or other intermediary, to transport the goods too dangerous to be transported; or
 (b) if {clause} (a) does not apply, has possession of, or control over, the goods immediately before the goods are transported; or
 (c) if neither {clause} (a) or (b) applies, loads a vehicle with the goods, for transport, at a place:
 (i) where the goods are awaiting collection; and
 (ii) that is unattended (except by the driver) during loading.
 (7) This subsection applies to a person if:
 (a) the goods too dangerous to be transported are imported into Australia; and
 (b) the person is the importer of the goods.