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ARTICLE · 02 JUNE 2020

Section 10, your get out of jail free card?

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Section 10 could be your ‘get out of jail free' card if you have contravened the Heavy Vehicle National Law for the 1st time.

AustraliaTransport
Rebecca Niumeitolu
Rebecca Niumeitolu
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First time contravention of the Heavy Vehicle National Law? Have a great track record of implementing and monitoring HVNL compliance systems? Charged with a minor breach where no damage and injury came to fruition? Well, section 10 might just be your 'get out of jail free' card.

What is section 10?

Section 10 is a provision under the Crimes (Sentencing Procedure) Act 1999 (NSW) (Sentencing Act) that relevantly allows a Court not to convict an offender by dismissing the charges even though it finds the offender guilty of an offence. Other jurisdictions have similar provisions.

For example, under section 10 if you were charged for an offence under the HVNL, the Court may find you guilty but could also decide not to record that conviction against you.

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This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.

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