The obligation
Owners or operators prosecuted over a vehicle transporting dangerous goods have a defence if the vehicle was being used without their authority.
The defence applies to offences against the Act or regulations alleged against a person as owner or operator of a vehicle transporting dangerous goods. The person must establish the vehicle was being used by someone not entitled to use it (other than their employee or agent), by an employee acting outside the scope of employment, or by an agent acting outside the scope of the agency.
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- What
- Owners or operators prosecuted over a vehicle transporting dangerous goods have a defence if the vehicle was being used without their authority.
- Source
- legislation.nsw.gov.au
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Frequently asked questions
Which WHS law does this come from?
Special defence for owners or operators is a WHS requirement set out in Dangerous Goods (Road and Rail Transport) Act 2008 (NSW). The relevant provision is Dangerous Goods (Road and Rail Transport) Act 2008 > s 11 § 11.
What does this WHS obligation require?
Special defence for owners or operators is a WHS obligation under Dangerous Goods (Road and Rail Transport) Act 2008 (NSW). In short, Owners or operators prosecuted over a vehicle transporting dangerous goods have a defence if the vehicle was being used without their authority.
What changed recently?
Special defence for owners or operators was last updated on 19 October 2026.