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In response to an apparently ever-increasing number of work related accidents in recent years, Parliament has recently passed the (imaginary) Vehicular Work Safety Act 2015.

The long title to the Act states:

An Act to establish a register of all work vehicles, to promote safety therein and to prevent work-related accidents.

Section 2 states:

For the purposes of this Act, "work vehicle" includes any car, van, truck, cart, carriage or any other means of conveyance used for work purposes.

Section 10 provides:

a.Every owner or any other person responsible for a work vehicle shall ensure that before such work vehicle is used, it possesses and displays a current Work Vehicle Registration and Fitness Certificate.

b.Where any person fails to comply with subsection (a) of this section, that person commits an offence and is liable upon conviction to a fine not exceeding $3,000.

Section 12 provides:

Where any person is injured in a work vehicle which is not, at the time, in compliance with section 10 of this Act, any person responsible for ensuring such compliance commits an offence and is liable upon conviction to a fine not exceeding $300,000.

Maxwell runs a small export business.He leases part of the sixth floor of an inner city building.One day, his secretary, Bob, becomes trapped in the lift whilst returning to the sixth floor premises after a dental appointment.After inspection by Vehicular Work Safety Act inspectors, Maxwell is charged under section 10(b) and section 12 of the Act.

Required:

Advise Maxwell as to his legal position and as to any possible counter arguments he might have in such a case.