Document ID: chunk:federal_register_of_legislation:F2016C00708:clause:2_132
Version: federal_register_of_legislation:F2016C00708
Segment Type: clause
Provision Reference: sch 2 cl 132
Character Range: 199053–200990

132  Provisions relating to first offences and second or subsequent offences

Application of section
 (1) This section has effect for the purpose of determining whether an offence is a first offence or a second or subsequent offence for the purposes of section 131 (Penalty levels: offences referred to in Schedule 2 (mass, dimension and load restraint requirements)).

Separate occasion of second or subsequent offence
 (2) A person is found guilty of a second or subsequent offence if and only if the occasion in respect of which the second or subsequent offence occurred was different from the occasion in respect of which the first offence for which the person was found guilty occurred.

Order in which offences actually committed is immaterial
 (3) It is immaterial in which order the offences were committed.

Risk category is immaterial
 (4) In the case of offences relating to mass, dimension or load restraint requirements, it is immaterial whether the breaches concerned are of the same risk category or of different risk categories.

Offence to be treated as first offence in cases of uncertainty
 (5) If the court is satisfied that a person is guilty of an offence but is unable to ascertain (from the information available to the court) whether or not the offence is a first offence for which the person was found guilty, the court may only impose a penalty for the offence as if it were a first offence.

Offences under corresponding road laws
 (6) In determining whether a person has been found guilty of an offence previously under a provision of a road law, regard is to be had to finding of guilt for offences committed under corresponding provisions of the road laws of other jurisdictions.
 (7) The regulations may make provision for or with respect to determining what are or are not to be treated as corresponding provisions of the road laws of other jurisdictions.

Division 4—Commercial benefits penalty orders