New South Wales Consolidated Acts

DANGEROUS GOODS (ROAD AND RAIL TRANSPORT) ACT 2008 - SECT 49

49 Operation of Division

(1) Application to proved offences This Division applies where a court finds an offence against this Act or the regulations proved.

(2) Meaning of proved offences Without limiting the generality of subsection (1), a court finds an offence proved if--

(a) the court convicts the offender of the offence, or

(a1) the court makes a conditional release order under section 9 of the Crimes (Sentencing Procedure) Act 1999 in respect of the offender in relation to the offence (where the court does not proceed to conviction), or

(b) the court makes an order under section 10 of the Crimes (Sentencing Procedure) Act 1999 against the offender in relation to the offence (in which case the order is not a punishment for the purposes of that section).

(3) Definitions In this Division--

"the court" means the court that finds the offence proved.

"the offender" means the person who is found to have committed the offence.