(cf model provisions, s 113)
In this Division:condition of a mass, dimension, load restraint or access concession means a term or condition specified in or otherwise applicable to the concession, being:
(a) a term or condition that imposes a different requirement in place of a requirement contained in the provision of an applicable road law from which the holder of the concession is exempted, or(b) any other term or condition subject to which the concession has effect.mass, dimension, load restraint or access concession means a permit, authorisation, approval, exemption, notice or anything else that is granted or issued in writing under an applicable road law and that exempts a person from a provision of an applicable road law in relation to a mass, dimension, load restraint or access requirement, and includes an excess permit under section 27.
77 Offence of contravening condition
(cf model provisions, s 114)
A person is guilty of an offence if:(a) the person holds a mass, dimension, load restraint or access concession, and(b) the person engages in conduct, and(c) that conduct contravenes a condition of the mass, dimension, load restraint or access concession.Maximum penalty:
(a) first offence—30 penalty units (in the case of an individual) or 150 penalty units (in the case of a corporation), or(b) subsequent offence—60 penalty units (in the case of an individual) or 300 penalty units (in the case of a corporation).
78 Effect of contravening condition—prosecutions or other action
(cf model provisions, s 115)
(1) If a person engages in conduct that contravenes a condition of a mass, dimension, load restraint or access concession:(a) the concession does not, while the contravention continues, operate in the person’s favour, and(b) accordingly, the concession is to be disregarded in determining whether there has been a breach of a mass, dimension, load restraint or access requirement and in determining the risk category to which the breach belongs.(2) Where, by virtue of subsection (1), a person is guilty of an offence against the provision of an applicable road law from which the person was exempted by the concession concerned, the person may be proceeded against either for that offence or for the offence under section 77 of engaging in conduct that contravenes a condition of the concession.
(cf model provisions, s 116)
This Division has effect subject to the provisions of the law under which the mass, dimension, load restraint or access concession concerned was granted or issued and to the terms of the concession itself.