(1) If a court
convicts a person of an offence against this Act, the court, having regard to
the matters set out in subsection (3), may make a prohibition order
prohibiting the person for a period set by the court from all or any of the
following —
(a)
possessing or having the control or management of dangerous goods;
(b)
having the control or management of a place where dangerous goods are stored
or handled;
(c)
having the control or management of a vehicle used to transport
dangerous goods;
(d)
engaging in any or any specified activity relating to the storage, handling or
transport of dangerous goods.
(2) A prohibition
order may relate to dangerous goods generally or to specific dangerous goods
set out in the order and may be absolute or conditional.
(3) The court must
have regard to these matters —
(a) any
prior convictions of the person relating to dangerous goods, whether or not
dangerous goods under this Act;
(b) the
person’s history of engaging in activities relating to the storage,
handling or transport of dangerous goods;
(c) the
circumstances surrounding the commission of the offence for which the person
is being sentenced;
(d) any
other matter the court thinks is relevant.
(4) A prohibition
order forms part of the sentence imposed for the offence.
(5) A person who
contravenes a prohibition order commits an offence.
Penalty:
(a) for
an individual, $50 000 or imprisonment for 2 years or both;
(b) for
a body corporate, $250 000.