Queensland Consolidated Acts

TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) ACT 1995 - SECT 157

157 Additional evidentiary aids for transporting dangerous goods

(1) This section applies if, in a prosecution for a contravention of this Act—

(a) an authorised officer gives evidence the officer believes, or at a particular time relevant to the exercise of a power believed, any of the following matters—

(i) that dangerous goods stated in transport documentation carried in a vehicle are or were being carried in the vehicle;

(ii) that particular dangerous goods are or were dangerous goods or dangerous goods of a particular type;

(iii) if a marking or placard on 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 packaging contains or contained the dangerous goods indicated;

(iv) if a marking on a package indicates or indicated that the package contains or contained particular dangerous goods—that the package contains or contained the dangerous goods indicated;

(v) if a marking on a package indicates or indicated an attribute in relation to the contents of the package—that the contents of the package have or had the indicated attribute;

(vi) if a marking or placard on a vehicle or equipment indicates or indicated 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 the dangerous goods indicated;

(vii) if a marking or placard on a substance or packaging indicates or indicated the substance, packaging or contents of the packaging have or had an indicated attribute—that the substance, packaging or contents have or had the indicated attribute;

(viii) if a marking or placard on a vehicle or packaging indicates or indicated the vehicle’s load is or was, or the contents of the packaging are or were, an indicated quantity of dangerous goods—that the vehicle is or was loaded with, or the packaging contained, the quantity of dangerous goods indicated; and

(b) the court considers the belief to be, or to have been, reasonable; and

(c) there is no evidence to the contrary.

(2) The court must accept the matter as proved.

(3) In this section—

"attribute" means—

(a) capacity; or

(b) character; or

(c) date of manufacture; or

(d) origin; or

(e) ownership; or

(f) specification; or

(g) tare weight.

"on" includes attached to.