Document ID: chunk:federal_register_of_legislation:F2016C00708:clause:2_90
Version: federal_register_of_legislation:F2016C00708
Segment Type: clause
Provision Reference: sch 2 cl 90
Character Range: 158737–159730

90  Reasonable steps defence—reliance on container weight declaration
 (1) This section applies where the operator or driver of a vehicle or combination is charged with an offence involving a breach of a mass requirement and is seeking to establish the reasonable steps defence in relation to the offence.
 (2) To the extent that the weight of a freight container together with its contents is relevant to the offence, the person charged may rely on the weight stated in the relevant container weight declaration, unless it is established that the person knew or ought reasonably to have known that:
 (a) the stated weight was lower than the actual weight; or
 (b) the distributed weight of the container and its contents, together with:
 (i) the mass or location of any other load; or
 (ii) the mass of the vehicle or combination or any part of it;
  would cause one or more breaches of mass requirements.

Division 5—Liability for breaches of mass, dimension or load restraint requirements