Document ID: chunk:federal_register_of_legislation:F2016C00708:clause:2_96
Version: federal_register_of_legislation:F2016C00708
Segment Type: clause
Provision Reference: sch 2 cl 96
Character Range: 163266–164787

96  Liability of consignee
 (1) A person who is a consignee of goods consigned for road transport commits an offence if:
 (a) the person engages in conduct; and
 (b) that conduct results or is likely to result in inducing or rewarding a breach of a relevant mass, dimension or load restraint requirement; and
 (c) the person intends that result.
Note: Section 106 (Liability of consignee—knowledge of matters relating to container weight declaration) provides that a consignee is taken to have intended the result referred to in subsection (1) if the consignee knew or ought reasonably to have known that a container weight declaration was not provided as required or that a container weight declaration contained false or misleading information about the weight of a freight container.
 (2) A person who is a consignee of goods consigned for road transport commits an offence if:
 (a) the person engages in conduct; and
 (b) that conduct results or is likely to result in inducing or rewarding a breach of a relevant mass, dimension or load restraint requirement; and
 (c) the person is reckless as to the matter mentioned in paragraph (b).
 (3) A person who is a consignee of goods consigned for road transport commits an offence if:
 (a) the person engages in conduct; and
 (b) that conduct results or is likely to result in inducing or rewarding a breach of a relevant mass, dimension or load restraint requirement; and
 (c) the person is negligent as to the matter mentioned in paragraph (b).

Division 6—Sanctions