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TRANSPORT OPERATIONS (PASSENGER TRANSPORT) ACT 1994 - SECT 153A
Facilitation of proof—dangerous goods offences
153A Facilitation of proof—dangerous goods offences
(1) In a prosecution for a dangerous goods offence, if an authorised person
gives evidence that he or she believes, or at a particular time relevant to
the exercise of a power by the officer, believed, any of the matters referred
to in subsection (2) , the court must accept the matter as proved if— (a) it
considers the belief to be, or to have been, reasonable; and
(b) there is no
evidence to the contrary.
(2) The matters are as follows— (a) that
dangerous goods described in transport documentation carried in a rail vehicle
are or were being carried in the rail vehicle;
(b) that particular goods are
or were dangerous goods or dangerous goods of a particular type;
(c) if a
marking or placard on or attached to a substance or packaging indicates or
indicated that the substance is or was or the packaging contains or contained
particular dangerous goods—that the substance is or was or the container
contains or contained those dangerous goods;
(d) if a marking on, or attached
to, a package indicates or indicated that the package contains or contained
particular dangerous goods—that the package contains or contained those
dangerous goods;
(e) if a marking or placard on or attached to a vehicle or
equipment indicates or indicated that the vehicle or equipment is or was being
used to transport dangerous goods—that the vehicle or equipment is or was
being used to transport those dangerous goods;
(f) if a marking or placard on
or attached to a substance or packaging indicates or indicated, in relation to
the substance, the packaging or the contents of the packaging, a particular
capacity, tare weight, origin, character, specification, ownership or date of
manufacture—that the substance, the packaging or the contents of the
packaging has or had that capacity, tare weight, origin, character,
specification, ownership or date of manufacture;
(g) if a marking on, or
attached to, a package indicates or indicated, in relation to the contents of
the package, a particular capacity, tare weight, origin, character,
specification, ownership or date of manufacture—that the contents of the
package has or had that capacity, tare weight, origin, character,
specification, ownership or date of manufacture;
(h) if a marking or placard
on or attached to a vehicle or packaging indicates, in relation to the load of
the vehicle or the contents of the packaging, a particular quantity of
dangerous goods—that the vehicle or container contains or contained that
quantity of dangerous goods;
(i) that a person is or is not, or was or was
not at a particular time, accredited in relation to the transport by rail of
dangerous goods.
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