Liability of packer
172 Liability of packer
A packer of goods is a person who—
puts the goods in a packaging for transport by road; or
assembles the goods as packaged goods in an outer packaging or unit load for transport by road; or
supervises an activity mentioned in paragraph (a) or (b); or
manages or controls an activity mentioned in paragraph (a), (b) or (c).
A person is guilty of an offence if—
a vehicle is in breach of a mass, dimension or load restraint limit or requirement; and
the person is the packer of any goods that are in or on the vehicle.
Note to s. 172(2) inserted by No. 30/2013 s. 60(Sch. item 8.27).
Note
The penalties that apply in respect of the offences created by this section are set out in section 178.
S. 172(3) repealed by No. 30/2013 s. 60(Sch. item 8.28).
* * * * *
This section does not apply to the putting by a person of goods in a packaging for consignment of those goods by mail or by means of a parcel service.
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 (5) operates.
A person charged with an offence under this section has the benefit of the reasonable steps defence.
S. 173 inserted by No. 110/2004 s. 41.
This Act’s bill:Second reading speech
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