Commonwealth Consolidated Acts

INTERSTATE ROAD TRANSPORT ACT 1985 - SECT 12D

             (1)  A person must not operate a B‑double in the carriage of passengers or goods between prescribed places or for any purpose that is incidental to carriage of that kind if:

                     (a)  the loaded mass of the B‑double exceeds the maximum loaded mass applicable to the B‑double under the regulations; or

                     (b)  the loaded mass of any component part of the B‑double exceeds the maximum loaded mass applicable to that component under the regulations.

Penalty:  40 penalty units.

          (1A)  An offence under subsection (1) is an offence of strict liability.

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

             (2)  A person who, in relation to a B‑double, contravenes regulations made for the purposes of paragraph 12B(2)(h) is guilty of an offence punishable on conviction by a fine not exceeding 40 penalty units.

Note:          If a body corporate is convicted of the offence, subsection 4B(3) of the Crimes Act 1914 allows a court to impose a fine of an amount that is not greater than 5 times the maximum fine that could be imposed by the court on an individual convicted of the same offence.

             (3)  An offence under subsection (2) is an offence of strict liability.

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