Document ID: chunk:federal_register_of_legislation:C2008A00137:clause:1_18pu:p1
Version: federal_register_of_legislation:C2008A00137
Segment Type: clause
Provision Reference: sch 1 cl 18PU (pt 1/2)
Character Range: 193403–196160

18PU  Offence—breaching a condition of a public weighbridge licence

Public weighbridge licensee

 (1) A person commits an offence if:
 (a) the person is a public weighbridge licensee; and
 (b) the person engages or fails to engage in conduct; and
 (c) the conduct or failure is in breach of a condition of the person's public weighbridge licence.

Penalty: 30 penalty units.

 (2) A person commits an offence if:
 (a) the person is a public weighbridge licensee; and
 (b) an employee of the person engages or fails to engage in conduct; and
 (c) the conduct or failure is in breach of a condition of the person's public weighbridge licence; and
 (d) the person expressly, tacitly or impliedly authorises or permits the conduct or failure.

Penalty: 30 penalty units.

Employee of public weighbridge licensee

 (3) A person commits an offence if:
 (a) the person is an employee of a public weighbridge licensee; and
 (b) the person engages or fails to engage in conduct; and
 (c) that conduct or failure is in breach of a condition of the public weighbridge licensee's licence; and
 (d) the conduct or failure is not within the actual or apparent scope of the person's employment.

Penalty: 30 penalty units.

Person who contracts with public weighbridge licensee to operate weighbridge

 (4) A person commits an offence if:
 (a) the person contracts with a public weighbridge licensee to operate a public weighbridge; and
 (b) the person engages or fails to engage in conduct; and
 (c) the conduct or failure is in breach of a condition of the public weighbridge licensee's licence.

Penalty: 30 penalty units.

 (5) A person commits an offence if:
 (a) the person contracts with a public weighbridge licensee to operate a public weighbridge; and
 (b) an employee of the person engages or fails to engage in conduct; and
 (c) the conduct or failure is in breach of a condition of the public weighbridge licensee's licence; and
 (d) the person expressly, tacitly or impliedly authorises or permits the conduct or failure.

Penalty: 30 penalty units.

Employee of person who contracts with public weighbridge licensee to operate weighbridge

 (6) A person commits an offence if:
 (a) the person is an employee of a person who contracts with a public weighbridge licensee to operate a public weighbridge; and
 (b) the person engages or fails to engage in conduct; and
 (c) that conduct or failure is in breach of a condition of the public weighbridge licensee's licence; and
 (d) the conduct or failure is not within the actual or apparent scope of the person's employment.

Penalty: 30 penalty units.

 (7) Subsections (1) to (6) are offences of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

Part XII—Disciplinary