54   Liability of packer

(cf model provisions, s 92)

(1)  A person is guilty of an offence if:

(a)  a breach of a mass, dimension or load restraint requirement occurs, and

(b)  the person is the packer of any goods that are in or on the vehicle or combination concerned.

Maximum penalty: see Table to Division.

(2)  A person is guilty of an offence if:

(a)  the weight of a freight container containing goods consigned for road transport exceeds the maximum gross weight as marked on the container or on the container’s safety approval plate, and

(b)  the person is the packer of any of the goods contained in the freight container.

Maximum penalty:

(a)  first offence—50 penalty units (in the case of an individual) or 250 penalty units (in the case of a corporation), or

(b)  subsequent offence—100 penalty units (in the case of an individual) or 500 penalty units (in the case of a corporation).

(3)  A person prosecuted for an offence under this section has the benefit of the reasonable steps defence for an offence under this section.