Queensland Consolidated Acts

TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) ACT 1995 - SECT 164A

164A Commercial benefits penalty order

(1) If a court convicts a person of an offence against a transport Act in relation to a prescribed dangerous goods vehicle or the transport of dangerous goods, the court may, on application by the prosecutor, and in addition to imposing any other penalty for the offence, make a commercial benefits penalty order under this section.

(2) The commercial benefits penalty order may require the person to pay, as a fine, an amount not exceeding 3 times the amount estimated by the court to be the gross commercial benefit—

(a) received or receivable, by the person or by an associate of the person, from the commission of the offence; and

(b) for a journey that was interrupted or not commenced because of action taken by an authorised officer in connection with the commission of the offence—that would have been received or receivable, by the person or by an associate of the person, from the commission of the offence had the journey been completed.

(3) In estimating the gross commercial benefit, the court may take into account—

(a) benefits of any kind, whether or not monetary; and

(b) any other matters it considers relevant, including, for example—

(i) the value of any goods involved in the offence; and

(ii) the distance over which the goods were, or were to be, carried.

(4) However, in estimating the gross commercial benefit, the court must disregard any costs, expenses or liabilities incurred by the person or by an associate of the person.

(5) Nothing in this section prevents the court from ordering payment of an amount that is—

(a) less than 3 times the estimated gross commercial benefit; or

(b) less than the estimated gross commercial benefit.

(6) For this section, a person is an associate of another if—

(a) one is a spouse, parent, brother, sister or child of the other; or

(b) they are members of the same household; or

(c) they are partners; or

(d) they are both trustees or beneficiaries of the same trust, or one is a trustee and the other is a beneficiary of the same trust; or

(e) one is a body corporate and the other is a director or member of the governing body of the body corporate; or

(f) one is a body corporate (other than a public company whose shares are listed on a stock exchange) and the other is a shareholder in the body corporate; or

(g) they are related bodies corporate within the meaning of the Corporations Act ; or

(h) a chain of relationships can be traced between them under any one or more of the above paragraphs.

(7) In this section—

"beneficiary" , of a trust, includes an object of a discretionary trust.

"body corporate" includes—

(a) the State, another State or the Commonwealth; and

(b) an entity other than an individual.

"transport Act" does not include the Queensland Road Rules .