Liability of employer etc. for contravention of mass,
dimension or loading requirement
(1) This section applies to an offence against section 96, 102 or
111 (a relevant offence).
(2) If a relevant offence is committed in relation to a heavy
vehicle, each of the following persons is taken to have
committed an offence against this subsection
(a) an employer of the driver of the vehicle if the driver is
an employed driver;
(b) a prime contractor of the driver of the vehicle if the
driver is a self-employed driver;
(c) an operator of the vehicle or, if it is a combination, an
operator of a vehicle in the combination;
(d) a consignor of any goods for road transport using the
vehicle that are in the vehicle;
(e) a packer of any goods in the vehicle;
(f) a loading manager for any goods in the vehicle;
(g) a loader of any goods in the vehicle.
Maximum penalty for an offence against this subsection—an
amount equal to the maximum penalty for the relevant
offence.
(3) A person charged with an offence against subsection (2) does
not have the benefit of the mistake of fact defence for the
offence.
(4) However, in a proceeding for an offence against
subsection (2), the person charged has the benefit of the
reasonable steps defence for the offence.