Dangerous Goods Act 1975 Regulation relating to references to the Australian Code for the Transport of Dangerous Goods by Road and Rail (1990-120) [GG No 31 of 2.3.1990] (NSW)

1990 - NO. 120

DANGEROUS GOODS ACT 1975 - REGULATION

(Relating to references to the Australian Code for the

Transport of Dangerous Goods by Road and Rail)

NEW SOUTH WALES

[Published in Gazette No. 31 of 2 March 1990]

HIS Excellency the Governor, with the advice of the Executive Council, and in pursuance of the Dangerous Goods Act 1975, has been pleased to make the Regulation set forth hereunder.

JOHN FAHEY

Minister for Industrial Relations and Employment.

The Dangerous Goods Regulation 1978 is amended:

by omitting from the definition of "Australian Code" in clause 4 (1) the matter "No. P8 of 9th April 1984" and by inserting instead the matter “No. P15 of 7 April 1987";
by omitting from clause 90 (4) the matter "Section 3.2.5, Section 3.2.6 and Section 3.2.7" and by inserting instead the matter “section 3.6.2, section 3.6.7 and section 3.6.8";
by omitting from clause 176 (1) the matter "Sections 8.1.3.1 and
8.2.8.8" and by inserting instead the matter "section 8.4.8.1 1";
by omitting from clause 176 (2) the matter "8.1.4.2" wherever
occurring and by inserting instead the matter "8.3.5.3";

inserting instead the matter "8.3.9.2";

by omitting from clause 237 (2) (a) the matter "8.1.8.1" and by

by omitting from clause 179 the matter "8.1.3.3" and by inserting

instead the matter "8.2.7.5";

1990 - NO. 120

(g) by omitting clause 240 and Table 23 to that clause and by inserting instead the following clause:

Class labels

240. (1) Every package (whether outer, sole or inner) containing dangerous goods (other than dangerous goods of Class 3.3 or 3.4) shall be labelled and marked in accordance with section 3.2 of the Australian Code.

(2) For the purposes of the application of section 3.2 of the Australian Code under subclause (1), the prescribed capacity for every package (within the meaning of that Code) of dangerous goods of Class 1 is a capacity exceeding 500 grams.

(h) by omitting from clause 244 the matter ''section 3.4 and section 3.5" and by inserting instead the matter "section 3.3";

(i)    by omitting from clause 249 (1) the matter "5.6" and by inserting instead the matter "5.5";

(i)     by omitting clause 249 (2) and (3) and by inserting instead the following subclauses:

(2) Subclause (1) applies to and in respect of:

(a)	an outer or immediate packaging for dangerous goods of Class 1 as if it were a packaging for dangerous goods of Packaging Group II; and
(b)	a packaging for dangerous goods of Class 3.3 as if it were a packaging for dangerous goods of Packaging Group III.

(3) A packaging for dangerous goods of Class 3.4 is to be soundly constructed so as to prevent any escape of the dangerous goods by leakage or otherwise.

(k) by omitting from clause 255 (1) the matter "5.6" and by inserting instead the matter "5.5".

EXPLANATORY NOTE

The object of this Regulation is to amend the Dangerous Goods Regulation 1978 to make certain referential changes in light of the latest edition of the Australian Code for the Transport of Dangerous Goods by Road and Rail (as published in the Commonwealth of Australia Gazette No. PI5 of 7 April 1987).