Transportation of Dangerous Goods Act, 1992

Marginal note:Court order

• 34 (1) Where a person is convicted of an offence, the court may make an order having any or all of the following effects:

  • (a) prohibiting the person for a period of not more than one year from engaging in any activity regulated under this Act;

  • (b) requiring the person to provide compensation, whether monetary or otherwise, for any remedial action taken or damage suffered by another person arising out of the commission of the offence;

  • (c) requiring the person to do anything that will assist in repairing any damage to the environment arising out of the commission of the offence; or

  • (d) requiring the person to conduct programs of technical research and investigation into the development and improvement of safety marks, safety requirements and safety standards, or to pay an amount in the manner prescribed to be used to conduct the research.

• Marginal note:Order additional to other punishment

  (2) The court may make the order in addition to any other punishment imposed on the person and shall have regard to the nature of the offence and the circumstances surrounding its commission.

• Marginal note:Monetary limit

  (3) The total value of what the person may be required to do under paragraphs (1)(b) to (d) in relation to a single offence must not exceed one million dollars.

• Marginal note:Breach of order

  (4) If the person contravenes or fails to comply with the order, the person is guilty of

  • (a) an offence punishable on summary conviction and liable to a fine not exceeding fifty thousand dollars for a first offence, and not exceeding one hundred thousand dollars for each subsequent offence; or

  • (b) an indictable offence and liable to imprisonment for a term not exceeding two years.