Victorian Current Acts

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ROAD SAFETY ACT 1986 - SECT 189

Offence to provide false or misleading transport or journey documentation

    (1)     This section applies if—

        (a)     goods are consigned for transport by road, or for transport partly by road and partly by some other means; and

        (b)     all or any part of the transport by road occurs or is to occur in Victoria.

    (2)     A person must not provide to another person any transport documentation or journey documentation in relation to the goods that is false or misleading with respect to any matter that it is relevant to know to ensure that a breach of a mass, dimension or load restraint limit or requirement does not occur during the transport of the goods by road.

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

120 penalty units, in any other case.

    (3)     Information concerning a matter is not false or misleading for the purposes of this section merely because it overstates or understates an amount if that overstatement or understatement would not, at the time it is made, be likely to result in a breach of a mass, dimension or load restraint limit or requirement.

    (4)     A person charged with an offence under this section does not have the benefit of the mistake of fact defence.

Note

Section 181 sets out how subsection (4) operates.

    (5)     The person charged with an offence under this section has the benefit of the reasonable steps defence.

S. 190 inserted by No. 110/2004 s. 41.



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