Victorian Current Acts

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ROAD SAFETY ACT 1986 - SECT 176

Liability of consignee

S. 176(1) repealed by No. 74/2007 s. 19(3).

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    (2)     A person who is a consignee of goods consigned for road transport is guilty of an offence if—

        (a)     the person engages in conduct that results, or that is likely to result, in inducing or rewarding the breach of a mass, dimension or load restraint limit or requirement; and

        (b)     the person intends that result.

Penalty:     600 penalty units, in the case of a corporation;

120 penalty units, in any other case.

Note to s. 176(2) repealed by No. 30/2013 s. 60(Sch. item 8.31).

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    (3)     A person who is a consignee of goods consigned for road transport is guilty of an offence if—

        (a)     the person engages in conduct that results, or that is likely to result, in inducing or rewarding the breach of a mass, dimension or load restraint limit or requirement; and

        (b)     the person consciously and unjustifiably disregards a substantial risk that that result would occur, or would be likely to occur.

Penalty:     250 penalty units in the case of a corporation;

50 penalty units in any other case.

    (4)     A person who is a consignee of goods consigned for road transport is guilty of an offence if—

        (a)     the person engages in conduct that results, or that is likely to result, in inducing or rewarding the breach of a mass, dimension or load restraint limit or requirement; and

        (b)     the person fails unjustifiably and to a gross degree to observe the standard of care that a reasonable person would have observed in all of the circumstances of the case to prevent that result from occurring.

Penalty:     100 penalty units in the case of a corporation;

20 penalty units in any other case.

    (5)     This section does not apply to the receipt by a person of goods by mail or by means of a parcel service.

S. 177 inserted by No. 110/2004 s. 41.



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