Document ID: chunk:federal_register_of_legislation:F2016C00708:clause:2_91
Version: federal_register_of_legislation:F2016C00708
Segment Type: clause
Provision Reference: sch 2 cl 91
Character Range: 159730–160724

91  Liability of consignor
 (1) A person commits an offence if:
 (a) a breach of a mass, dimension or load restraint requirement occurs; and
 (b) the person is the consignor of any goods that are in or on the vehicle or combination concerned.
 (2) A person commits an offence if:
 (a) the weight of a freight container containing goods consigned for road transport exceeds the maximum gross weight as marked on the container or on the container's safety approval plate; and
 (b) the person is the consignor of any of the goods contained in the freight container.
 (3) The offences under this section are offences of absolute liability.
       Drafting note: Provisions in this clause and elsewhere in the Bill stating that an offence is one of absolute liability with the benefit of the reasonable steps defence may be replaced in some jurisdictions by provisions for strict liability.
 (4) The person charged has the benefit of the reasonable steps defence for an offence under this section.