Offence—sell or supply non-compliant packaging
57 Offence—sell or supply non-compliant packaging
A person commits an offence if the person sells, supplies, or offers to sell or supply, packaging for use in the transport of dangerous goods.
Maximum penalty: 40 penalty units.
Subsection (1) does not apply if either—
all of the following apply:
the design for the packaging has been approved under section 50;
the packaging is marked in accordance with the ADG code, chapter 3.4, chapter 3.5 or part 6;
the use of the packaging, according to the marking, is appropriate for the goods; or
both of the following apply:
the packaging complies with the relevant requirements of the ADG code, chapter 3.4, chapter 3.5, part 4 or part 6;
the use of the packaging is appropriate for the goods.
Note The defendant has an evidential burden in relation to the matters mentioned in s (2) (see Criminal Code, s 58).
An offence against this section is a strict liability offence.
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