(ii) the breakdown of a petrol delivery vehicle; (b) that not less than 48 hours before the alleged S. 42B(7)(b) amended by offence the accused had ordered the supply No. 68/2009 of unleaded petrol and— s. 97(Sch. item 50.9). (i) at the time of the order the accused had S. 42B(7)(b)(i) amended by a reasonable expectation that delivery No. 68/2009 would be made; s. 97(Sch. item 50.9). (ii) if the petrol ordered had been supplied S. 42B(7)(b)(ii) amended by within 48 hours of the making of the No. 68/2009 order the accused would, in the usual s. 97(Sch. item 50.9). course of events, have been able to comply with the request; and (iii) delivery was not made; (c) that a malfunction in the petrol pump or S. 42B(7)(c) amended by petrol storage system prevented the accused No. 68/2009 from complying with the request, and that s. 97(Sch. item 50.9). the accused had taken all reasonable steps to ensure the malfunction was repaired; (d) that the accused had taken all reasonable S. 42B(7)(d) amended by steps to comply with the request, but was No. 68/2009 prevented, by circumstances over which the s. 97(Sch. item 50.9). accused had no control, from doing so; or (e) that due to— S. 42B(7)(e) amended by No. 68/2009 (i) the nature of the request; or s. 97(Sch. item 50.9). (ii) the nature, character or actions of the person making the request— it was reasonable in all the circumstances for the accused to refuse or fail to comply with the request— the accused shall be discharged from the prosecution.
(ii) the breakdown of a petrol delivery vehicle; S. 42B(7)(b) amended by No. 68/2009 s. 97(Sch. item 50.9). (b) that not less than 48 hours before the alleged offence the accused had ordered the supply of unleaded petrol and— S. 42B(7)(b)(i) amended by No. 68/2009 s. 97(Sch. item 50.9). (i) at the time of the order the accused had a reasonable expectation that delivery would be made; S. 42B(7)(b)(ii) amended by No. 68/2009 s. 97(Sch. item 50.9). (ii) if the petrol ordered had been supplied within 48 hours of the making of the order the accused would, in the usual course of events, have been able to comply with the request; and (iii) delivery was not made; S. 42B(7)(c) amended by No. 68/2009 s. 97(Sch. item 50.9). (c) that a malfunction in the petrol pump or petrol storage system prevented the accused from complying with the request, and that the accused had taken all reasonable steps to ensure the malfunction was repaired; S. 42B(7)(d) amended by No. 68/2009 s. 97(Sch. item 50.9). (d) that the accused had taken all reasonable steps to comply with the request, but was prevented, by circumstances over which the accused had no control, from doing so; or S. 42B(7)(e) amended by No. 68/2009 s. 97(Sch. item 50.9). (e) that due to— (i) the nature of the request; or (ii) the nature, character or actions of the person making the request— it was reasonable in all the circumstances for the accused to refuse or fail to comply with the request— the accused shall be discharged from the prosecution.
70-8056a184.docx