Commonwealth Consolidated Acts

NATIONAL MEASUREMENT ACT 1960 - SECT 18PU

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 .