Offence—prime contractor—food or food packaging
154 Offence—prime contractor—food or food packaging
This section applies if—
an incident involving a vehicle transporting dangerous goods results in the leakage, spillage or accidental escape of the dangerous goods, or in a fire or explosion; and
there is food or food packaging in the vicinity of the incident that is within the control of a prime contractor.
The prime contractor commits an offence if—
the food or food packaging is transported from the site of the incident; and
the competent authority has not given permission to the prime contractor to transport the food or food packaging from the site.
Maximum penalty: 40 penalty units.
For subsection (2) (b), the competent authority may give permission to a prime contractor to transport food or food packaging from the site.
The permission—
must be in writing; and
must state the name of the prime contractor; and
must identify the incident; and
must identify the food or food packaging to which it relates; and
must take into consideration any requirements of the appropriate food and health authorities; and
may contain any other information that the competent authority considers necessary.
An offence against this section is a strict liability offence.
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