Dangerous Goods (Road and Rail Transport) Regulation 2009 (NSW)

Part 1PreliminaryDivision 1Introductory and application1Name of Regulation

This Regulation is the Dangerous Goods (Road and Rail Transport) Regulation 2009.

2Commencement

This Regulation takes effect on 1 May 2009 and is required to be published on the NSW legislation website.

3Main objects

The main objects of this Regulation are:

• (a)

  to set out the obligations of persons involved in the transport of dangerous goods by land transport, and

• (b)

  to reduce as far as practicable the risks of personal injury, death, property damage and environmental harm arising from the transport of dangerous goods by land transport, and

• (c)

  to give effect to the standards, requirements and procedures of the ADG Code so far as they apply to the transport of dangerous goods by land transport, and

• (d)

  to promote consistency between the standards, requirements and procedures applying to the transport of dangerous goods by land transport and other modes of transport.

4Dangerous situations

This Regulation does not apply to the transport of dangerous goods by, or at the direction of, an authorised officer or an officer of an emergency service, to the extent necessary to avert, eliminate or minimise a dangerous situation.

5Exempt transport(1)

In this clause:

designated dangerous goods means dangerous goods of:

• (a)

  UN Class 1 (explosives), except:

  • (i)

    dangerous goods of UN Division 1.4S, and

  • (ii)

    detonators carried in a unit of rolling stock or a road vehicle for the safety of persons working in rail transport, or

• (b)

  Category A of UN Division 6.2 (infectious substances), or

• (c)

  UN Class 7 (radioactive material).

(2)

This Regulation does not apply to the transport by a person of a load of dangerous goods if:

• (a)

  the load does not contain:

  • (i)

    dangerous goods in a receptacle with a capacity of more than 500 litres, or

  • (ii)

    more than 500 kilograms of dangerous goods in a receptacle, and

• (b)

  the goods are not, and do not include, designated dangerous goods, and

• (c)

  the aggregate quantity of the dangerous goods in the load is less than 25% of a placard load, and

• (d)

  the goods are not being transported by the person in the course of a business of transporting goods by road, and

• (e)

  in relation to transport by rail—the goods are not being transported by the person on a passenger train.

6Further exemptions(1)

This Regulation does not apply to the transport by road or rail, or both road and rail, of dangerous goods of UN Class 1 (explosives) or UN Class 7 (radioactive) except when being transported with other dangerous goods.

(2)

This Regulation does not apply to the transport by a vehicle of dangerous goods:

• (a)

  in a consignment where the aggregate quantity of dangerous goods is less than the quantity for which an inner package is required by the ADG Code to be marked with a proper shipping name or the technical name of the substance (ADG Code 5.2.1.8), or

• (b)

  in the vehicle’s fuel tank, or

• (c)

  in an appliance or plant that forms part of the vehicle and that is necessary for its operation, or

• (d)

  that is personal protective equipment or personal safety equipment and that is part of the safety equipment of the vehicle.

7Special provisions for tools of trade and dangerous goods for private use(1)

This clause applies to a load if:

• (a)

  the load includes:

  • (i)

    an aggregate quantity of dangerous goods of less than 500 that does not include any dangerous goods of UN Division 2.1 (that are not aerosols) or UN Division 2.3 or Packing Group I, or

  • (ii)

    an aggregate quantity of dangerous goods of less than 250 that does include dangerous goods of UN Division 2.1 (that are not aerosols) or UN Division 2.3 or Packing Group I, provided that dangerous goods of UN Division 2.3 and Packing Group I together constitute less than 100 of that aggregate quantity, and

• (b)

  the goods are not being transported in the course of a business of transporting goods but are being transported:

  • (i)

    by a person who intends to use them, or

  • (ii)

    so that they be used for a commercial purpose.

(2)

A person transporting a load to which this clause applies is exempt from all obligations imposed by this Regulation other than those imposed by this clause.

(3)

A person must not transport a load to which this clause applies unless each package in the load:

• (a)

  complies with the packaging requirements appropriate to the quantity of dangerous goods, as specified in Part 4, and

• (b)

  is labelled and marked as specified in clause 74, and

• (c)

  is loaded, secured, segregated, unloaded and otherwise transported in such a way as to ensure that:

  • (i)

    its packaging remains fit for its purpose, and

  • (ii)

    the risks to any person, property or the environment are eliminated, or if it is not practicable to eliminate the risks, are minimised to the maximum extent that is practicable.

Maximum penalty: 40 penalty units for an individual or 200 penalty units for a corporation.

(4)

If a load to which this clause applies contains an aggregate quantity of dangerous goods of UN Class 3, 4, 5 or 6 in the load of more than 25% of a placard load, a person must not transport the load:

• (a)

  in the passenger compartment of a vehicle, or

• (b)

  in an enclosed space that is not separated from the passenger compartment of a vehicle.

Maximum penalty: 40 penalty units for an individual or 200 penalty units for a corporation.

(5)

If a load to which this clause applies contains an aggregate quantity of dangerous goods of UN Division 2.1, UN Division 2.3 or Packing Group I in the load of more than 25% of a placard load, a person must not transport the load:

• (a)

  in the passenger compartment of a vehicle, or

• (b)

  in any other enclosed space in the vehicle.

Maximum penalty: 40 penalty units for an individual or 200 penalty units for a corporation.

8Goods suspected of being dangerous goods

If it is not clear whether goods are dangerous goods, but a person suspects, or reasonably ought to suspect, that they are, the person must not consign or transport them until:

• (a)

  the goods have been classified in accordance with the ADG Code, or

• (b)

  a determination has been made under clause 24 (1) (a) in respect of the goods.

Maximum penalty: 40 penalty units for an individual or 200 penalty units for a corporation.

Division 2Interpretation9Definitions(1)

In this Regulation, unless the contrary intention appears:

ADG Code means the Australian Code for the Transport of Dangerous Goods by Road and Rail approved by the Australian Transport Council, as amended from time to time.

administrative determination—see clause 26.

ADR approved means approved in accordance with the European Agreement Concerning the International Carriage of Dangerous Goods by Road published by the Inland Transport Committee of the Economic Commission for Europe.

aggregate quantity, in relation to a load containing dangerous goods, means the total of:

• (a)

  the number of kilograms of:

  • (i)

    solid dangerous goods, and

  • (ii)

    articles, including aerosols,

  in the load, and

• (b)

  the number of litres or kilograms, being whichever is used in the transport documentation for the load to describe the goods, of liquid dangerous goods in the load, and

• (c)

  the total capacity in litres of receptacles in the load containing dangerous goods of UN Class 2 (except aerosols).

appropriately marked—see clause 74.

approval means an approval by the Competent Authority or an authorised body under this Regulation, and that is in effect.

approved packaging means:

• (a)

  packaging of a design that is approved under clause 49, or

• (b)

  foreign approved packaging.

approved tank means:

• (a)

  a tank of a design that is approved under clause 49, or

• (b)

  a foreign approved tank.

approved test means a test that is approved under clause 23 (1) (a).

approved training course means a training course that is approved under clause 23 (1) (b).

Australian Transport Council means the council of Commonwealth, New Zealand, State, Australian Capital Territory and Northern Territory Ministers, established on 11 June 1993 and known as the Australian Transport Council, but constituted so that it consists of only 1 Minister representing each of the Commonwealth, the States, the Australian Capital Territory and the Northern Territory.

authorised body means a person or body authorised to issue approvals under clause 53.

bulk container—see clause 14.

capacity means the total internal volume of a packaging at a temperature of 15° Celsius, expressed in litres or cubic metres.

Category, for dangerous goods—see clause 34.

Competent Authorities Panel or CAP—means the body established by the Competent Authorities Panel Rules made by the National Transport Commission on 16 June 2008 and approved by the Australian Transport Council on 15 August 2008, as amended from time to time.

compliance plate means a plate that must be attached to a portable tank, MEGC or tank vehicle under Part 6 of the ADG Code, and includes identification plates.

corresponding approval means an approval to which clause 162 applies.

corresponding authority means a Competent Authority of a participating jurisdiction.

corresponding dangerous goods driver licence means a licence to which clause 163 applies that has effect in this jurisdiction under that clause as a dangerous goods driver licence.

corresponding dangerous goods vehicle licence means a licence to which clause 163 applies that has effect in this jurisdiction under that clause as a dangerous goods vehicle licence.

corresponding determination means a determination to which clause 160 applies.

corresponding exemption means an exemption to which clause 161 applies.

dangerous goods—see clause 32.

dangerous goods driver licence means a licence that is in force under Division 3 of Part 18.

Dangerous Goods List means the list set out in section 3.2.3 of the ADG Code.

dangerous goods vehicle licence means a licence that is in force under Division 4 of Part 18.

dangerous situation means a situation that is causing or is likely to cause imminent risk of serious injury to a person, significant harm to the environment or significant damage to property.

demountable tank means a tank, other than a portable tank, that is designed to be carried on a vehicle but that does not form part of and is not permanently attached to the vehicle and is designed to be removable.

determination means a determination that is made by the Competent Authority under Division 4 of this Part, and that is in effect.

driver licence means a licence (including a probationary and a conditional licence but not including a provisional or learner licence) issued under a State or Territory law authorising the licensee to drive a motor vehicle.

emergency service means:

• (a)

  an ambulance, fire, police or other emergency service of a participating jurisdiction, or

• (b)

  a unit of the Defence Force corresponding to a service mentioned in paragraph (a).

exemption means an exemption in force under section 42 of the Act.

food includes:

• (a)

  a substance prepared or intended for human or animal consumption, and

• (b)

  a substance (except dangerous goods) intended to be an ingredient of food.

food packaging means:

• (a)

  a receptacle that contains, or is designed or intended to contain, food, or

• (b)

  material designed or intended to be used in a receptacle that is designed or intended to contain food.

foreign approved, in relation to packaging, means packaging that has the markings required by Part 6 of the ADG Code for packaging of its type, in confirmation that the packaging is ADR, ICAO, IMO, RID or UN approved.

Note—

Types of foreign approved packaging include, but are not limited to, bulk containers, IBCs, large packagings, MEGCs, portable tanks, pressure drums and tubes that are ADR, ICAO, IMO, RID or UN approved.

freight container means a re-useable container of the kind mentioned in Australian/New Zealand Standard AS/NZS 3711Freight containers that is designed for repeated use for the transport of goods by 1 or more modes of transport.

hose assembly means a hose, or hoses connected together, for use in the transfer of dangerous goods to or from a tank on a vehicle, portable tank or storage receptacle and includes:

• (a)

  if there are 2 or more hoses connected together—the connections between the hoses, and

• (b)

  the attachment connecting the hose or hoses to the tank, and

• (c)

  anything else (except the vehicle, portable tank or storage receptacle) attached to the hose or hoses.

IBC or intermediate bulk container—see clause 15.

ICAO approved means approved in accordance with the Technical Instructions for the Safe Transport of Dangerous Goods by Air published by the International Civil Aviation Organisation.

IMO approved means approved in accordance with the International Maritime Dangerous Goods Code published by the International Maritime Organisation.

incompatible—see clause 37.

inner packaging, in relation to goods for which outer packaging is required if the goods are to be transported, means any packaging that is, or that is to be, contained or protected by the outer packaging.

journey means the transport of dangerous goods from where the goods are consigned to where the goods are delivered to the consignee.

large packaging means outer packaging that:

• (a)

  is designed for mechanical handling, and

• (b)

  has a capacity of not more than 3 m3, and

• (c)

  is intended to contain articles or inner packaging with:

  • (i)

    a net mass of more than 400 kg, or

  • (ii)

    capacities totalling more than 450 litres.

licence label means a dangerous goods vehicle licence label issued under clause 214.

licensed vehicle means a vehicle for which a dangerous goods vehicle licence is in force.

load (noun)—see clause 20.

load (verb) and loader—see clause 20.

MEGC or multiple-element gas container—see clause 16.

motor vehicle does not include a unit of rolling stock, but does include a vehicle designed to operate both on and off rails when the vehicle is operating on a road.

multimodal means applicable to, or suitable for use on, more than 1 mode of transport.

NATA means the National Association of Testing Authorities.

outer packaging, means external packaging (including absorbent materials, cushioning and any other components) necessary for the purposes of transport to contain and protect:

• (a)

  articles, or

• (b)

  receptacles in composite packaging (as that packaging is defined in section 1.2.1.1 of the ADG Code), or

• (c)

  inner packaging in combination packaging (as that packaging is defined in section 1.2.1.1 of the ADG Code).

overpack means packaging (other than large packaging) used to hold and consolidate packages of goods into a single unit for easier handling and stowage.

Examples—

A pallet, together with strapping or shrink wrapping, designed to hold packages.

A box or crate into which packages are placed.

owner, of a vehicle, has the same meaning as in the Road Transport Act 2013.

pack and packer—see clause 17.

package, in relation to goods, means the complete product of the packing of the goods for transport, and consists of the goods and their packaging.

packaging—includes inner packaging, outer packaging, overpacks, large packaging, IBCs, MEGCs, tanks (including the tank of a tank vehicle), bulk and freight containers, drums, barrels, jerry cans, boxes and bags.

packed in limited quantities—see clause 18.

Packing Group—see clause 36.

participating jurisdiction means:

• (a)

  this jurisdiction, and

• (b)

  any other State or Territory that has a corresponding law within the meaning of the Act.

placard load means a load of dangerous goods that must be placarded under clause 78.

placards—see clause 79 (1).

portable tank means a multimodal tank that:

• (a)

  is designed primarily to be loaded on to a vehicle or ship, and

• (b)

  has a capacity of more than 450 litres, and

• (c)

  is equipped with skids, mountings, stabilizers and accessories to facilitate mechanical handling, and

• (d)

  is capable of being loaded and unloaded without removing its service or structural equipment, and

• (e)

  is capable of being lifted when full.

pressure drums are welded transportable pressure receptacles of a water capacity exceeding 150 litres and of not more than 1,000 litres, (eg cylindrical receptacles equipped with rolling hoops, spheres on skids).

prime mover means a motor vehicle that is designed to tow a trailer but does not include a vehicle that has a load carrying capacity in addition to a trailer.

rail infrastructure manager has the same meaning as in the Rail Safety National Law (NSW).

receptacle, in relation to a substance or article, means a container that is:

• (a)

  for receiving and holding the substance or article (including anything that enables the container to be closed), and

• (b)

  in contact with the substance or article.

register—see clause 155.

registered means registered under a Commonwealth, State or Territory law.

RID approved means approved in accordance with the International Regulations Concerning the Carriage of Dangerous Goods by Rail published by the Inland Transport Committee of the Economic Commission for Europe.

risk means risk of personal injury, death, property damage or harm to the environment.

road vehicle means:

• (a)

  a motor vehicle, or

• (b)

  a trailer.

service equipment, in relation to a tank or MEGC, has the meaning given in section 6.7.2.1, 6.7.3.1, 6.7.4.1 or 6.7.5.1, as the case requires, of the ADG Code.

structural equipment, in relation to a tank or MEGC, has the meaning given in section 6.7.2.1, 6.7.3.1, 6.7.4.1 or 6.7.5.1, as the case requires, of the ADG Code.

subsidiary risk—see clause 35.

tank—see clause 19.

tank vehicle means a road vehicle or unit of rolling stock:

• (a)

  of which a tank forms part, or

• (b)

  to which a tank (other than a portable tank) is attached.

the Act means the Dangerous Goods (Road and Rail Transport) Act 2008.

trailer means a vehicle that is designed to be towed, or is towed, by a motor vehicle but does not include a vehicle propelled by a motor that forms part of the vehicle.

transport documentation means documentation that complies with Chapter 11.1 of the ADG Code.

transport unit means:

• (a)

  a vehicle, or

• (b)

  a portable tank, or

• (c)

  a bulk container, or

• (d)

  a freight container.

tubes are seamless transportable pressure receptacles of a water capacity exceeding 150 litres but not more than 3,000 litres.

UN approved means approved in accordance with the United Nations Model Regulations for the Transport of Dangerous Goods published by the United Nations.

UN Class, for dangerous goods, means the class to which dangerous goods belong in accordance with clause 34.

UN Division, for dangerous goods, means the division to which dangerous goods of a particular UN Class belong in accordance with clause 34.

(2)

Notes and examples included in this Regulation do not form part of this Regulation.

10References to codes, standards and rules(1)

In this clause:

instrument means a code, standard or rule (whether made in or outside Australia) relating to dangerous goods or to transport by road or rail, and includes a provision of an instrument.

(2)

In this Regulation, a reference to an instrument includes a reference to another instrument as applied or adopted by, or incorporated in, the first instrument.

(3)

In this Regulation, unless the contrary intention appears, a reference to an instrument is a reference to the instrument as amended from time to time.

11Inconsistency between this Regulation and codes etc

If all or part of a code, standard or rule (whether made in or outside Australia) relating to dangerous goods or to transport by road or rail is applied or adopted by, or is incorporated in, this Regulation and the code, standard or rule is inconsistent with this Regulation, this Regulation prevails to the extent of the inconsistency.

12References to determinations, exemptions, approvals and licences

In this Regulation, a reference to:

• (a)

  a determination, exemption, approval, dangerous goods driver licence or dangerous goods vehicle licence, or

• (b)

  a corresponding determination, exemption, approval, dangerous goods driver licence or dangerous goods vehicle licence,

includes a reference to the determination, exemption, approval or licence as varied.

13References to variation of determinations etc

In this Regulation, a reference to the variation of:

• (a)

  a determination, exemption, approval, dangerous goods driver licence or dangerous goods vehicle licence, or

• (b)

  a corresponding determination, exemption, approval, dangerous goods driver licence or dangerous goods vehicle licence,

includes a reference to a variation by addition, omission or substitution.

Example—

The addition of a new condition to an existing administrative determination.

14Meaning of “bulk container”(1)

Bulk container means a container (with or without a liner or coating) that:

• (a)

  has a capacity of 1.0 m3 or more, and

• (b)

  is intended for the transport of solid dangerous goods that are in direct contact with the container.

(2)

To avoid doubt, the following are not bulk containers even if they have a capacity of 1.0 m3 or more and are intended for the transport of solid dangerous goods:

• (a)

  a large packaging that complies with the requirements of Chapter 6.6 of the ADG Code,

• (b)

  an IBC,

• (c)

  a tank,

• (d)

  a tank vehicle,

• (e)

  any other packaging that complies with the requirements of Chapter 6.1 or 6.3 of the ADG Code.

15Meaning of “IBC”(1)

Subject to subclause (2), IBC or intermediate bulk container means a rigid or flexible portable packaging for the transport of dangerous goods that complies with the specifications in Chapter 6.5 of the ADG Code and that:

• (a)

  has a capacity of not more than:

  • (i)

    for solids of Packing Group I packed in a composite, fibreboard, flexible, wooden, or rigid plastics container—1,500 litres, and

  • (ii)

    for solids of Packing Group I packed in a metal container—3,000 litres, and

  • (iii)

    for solids or liquids of Packing Groups II and III—3,000 litres, and

• (b)

  is designed for mechanical handling.

(2)

Rigid or flexible portable packaging that complies with the requirements of Chapter 6.1, 6.3 or 6.6 of the ADG Code cannot be an IBC.

16Meaning of “MEGC”

MEGC or multiple-element gas container means:

• (a)

  multimodal assemblies of cylinders, tubes and bundles of cylinders that are interconnected by a manifold and assembled within a framework, and

• (b)

  service or structural equipment necessary for the transport of gases in the cylinders and tubes.

17Meaning of “pack” and “packer”

A person packs dangerous or other goods for transport, and is a packer of the goods, if the person:

• (a)

  puts the goods in a packaging (even if that packaging is already on a vehicle), or

• (b)

  assembles, places or secures packages in packaging designed to hold, enclose or otherwise contain more than one package (even if that packaging is already on a vehicle), or

• (c)

  supervises an activity mentioned in paragraph (a) or (b), or

• (d)

  manages or controls an activity mentioned in paragraph (a), (b) or (c).

Example—

A person who uses a hose to fill the tank of a tank vehicle with petrol packs the petrol for transport for the purposes of this Regulation.

18Dangerous goods “packed in limited quantities”

Dangerous goods are packed in limited quantities if:

• (a)

  the goods are packed in accordance with Chapter 3.4 of the ADG Code, and

• (b)

  the quantity of dangerous goods in each inner packaging or in each article does not exceed the quantity specified, or referred to, in column 7 of the Dangerous Goods List for those goods.

19Meaning of “tank”(1)

Subject to subclauses (2) and (3), tank means:

• (a)

  a receptacle for receiving and holding dangerous goods, and

• (b)

  any service or structural equipment that enables the receptacle to transport those goods.

(2)

A receptacle for receiving and holding dangerous goods of UN Class 2 is not a tank unless it has a capacity of more than 450 litres.

(3)

The following are not tanks:

• (a)

  packaging that complies with the requirements of Chapter 6.1, 6.3 or 6.6 of the ADG Code,

• (b)

  an IBC,

• (c)

  an MEGC,

• (d)

  a cylinder,

• (e)

  a pressure drum,

• (f)

  a tube,

• (g)

  a bulk container that complies with the requirements of Chapter 6.8 of the ADG Code.

Note—

The kinds of packaging dealt with under Chapter 6.1 of the ADG Code include drums, barrels, jerry cans, boxes, bags and composite packaging. Chapter 6.3 of the ADG Code deals with packaging for infectious substances.

20Meaning of “loads” (verb), “loader” and load (noun)(1)

A person loads dangerous or other goods for transport, and is a loader of the goods, if the person:

• (a)

  loads one or more packages of the goods in or on a vehicle, or

• (b)

  places or secures one or more packages of the goods on a vehicle, or

• (c)

  supervises an activity mentioned in paragraph (a) or (b), or

• (d)

  manages or controls an activity mentioned in paragraph (a), (b) or (c).

(2)

Subclause (1) does not apply to the loading of goods into packaging that is already on a vehicle, nor to the placing or securing of packages in or on a further packaging that is already on a vehicle.

(3)

For the purposes of this Regulation:

• (a)

  all the goods in or on a road vehicle are a single load, even if the vehicle is transporting more than one transport unit, and

• (b)

  all the goods in a transport unit being transported on a rail vehicle are a single load.

21Meaning of consign (verb)

A person consigns goods if they are the consignor of the goods.

Note—

Consignor of goods is defined in section 4 of the Act to mean a person who:

• (a)

  with the person’s authority, is named or otherwise identified as the consignor of the goods in the transport documentation relating to the transport of the goods, or

• (b)

  if paragraph (a) does not apply to the person or anyone else:

  • (i)

    engages a prime contractor or rail operator, either directly or indirectly or through an agent or other intermediary, to transport the goods, or

  • (ii)

    has possession of, or control over, the goods immediately before the goods are transported, or

  • (iii)

    loads a vehicle with the goods, for transport, at a place where the goods are awaiting collection and that is unattended (except by the driver) during loading, or

• (c)

  if paragraphs (a) and (b) do not apply to the person or anyone else, and the goods are imported into Australia—imports the goods.

Division 3Training22Instruction and training(1)

This clause applies to any task involved in the transport of dangerous goods, including the following:

• (a)

  packing dangerous goods,

• (b)

  consigning dangerous goods,

• (c)

  loading dangerous goods,

• (d)

  unloading dangerous goods,

• (e)

  marking packages,

• (f)

  placarding placard loads,

• (g)

  preparing transport documentation,

• (h)

  maintaining vehicles and equipment used in the transport of dangerous goods,

• (i)

  driving a vehicle transporting dangerous goods,

• (j)

  being the consignee of dangerous goods,

• (k)

  following the appropriate procedures in accordance with this Regulation in a dangerous situation.

(2)

A person who is responsible for management or control of a task must not employ, engage or permit someone else to perform the task if the other person:

• (a)

  has not received, or is not receiving, appropriate instruction and training to ensure that he or she is able to perform the task safely and in accordance with this Regulation, or

• (b)

  is not appropriately supervised in performing the task to ensure that he or she is able to perform the task safely and in accordance with this Regulation.

Maximum penalty: 40 penalty units for an individual or 200 penalty units for a corporation.

(3)

A person must not manage, control or supervise a task unless the person has received instruction and training to enable him or her to manage, control or supervise another person to perform the task safely and in accordance with this Regulation.

Maximum penalty: 40 penalty units.

23Approvals—tests and training courses for drivers(1)

The Competent Authority may, on its own initiative or in response to an application made in accordance with clause 170, approve:

• (a)

  a test of competence for drivers of motor vehicles transporting dangerous goods, or

• (b)

  a training course for drivers of motor vehicles transporting dangerous goods.

(2)

The Competent Authority may approve a test of competence or a training course only if the Authority considers that a person who passes the test, or completes the course, will have the skills and knowledge to perform the task to which the test or course relates safely and in accordance with this Regulation.

Division 4Determinations24Determinations—dangerous goods and packaging(1)

The Competent Authority may determine that goods are or are not:

• (a)

  dangerous goods, or

• (b)

  dangerous goods of a particular UN Class, UN Division or Category, or

• (c)

  dangerous goods with a particular subsidiary risk, or

• (d)

  substances of a particular Packing Group, or

• (e)

  incompatible with particular dangerous goods.

(2)

The Competent Authority may determine that:

• (a)

  particular dangerous goods are or are not too dangerous to be transported, or

• (b)

  particular dangerous goods must not be or may be transported in or on the same transport unit or freight container as other goods, whether or not dangerous goods, or

• (c)

  particular dangerous goods may or may not be transported in any packaging, despite any prohibition or authorisation in the Dangerous Goods List.

25Determinations—vehicles, routes, areas and times

The Competent Authority may determine that particular dangerous goods may be or must or must not be transported:

• (a)

  using a specified vehicle, or kind of vehicle, or

• (b)

  on a specified route, or

• (c)

  in or through a specified area, or

• (d)

  at a specified time, or

• (e)

  in quantities in excess of a specified amount, or

• (f)

  in specified packaging.

26Administrative determinations

A determination is an administrative determination if the determination:

• (a)

  is made on the application of a person, and

• (b)

  applies only to the person.

Note—

Part 17 contains provisions dealing with administrative determinations, including applications for administrative determinations and their cancellation and variation.

27Determinations may be subject to conditions(1)

In making a determination, the Competent Authority may impose in relation to the determination any condition necessary for the safe transport of dangerous goods.

(2)

A person to whom a determination applies must not contravene a condition of the determination.

Maximum penalty: 40 penalty units for an individual or 200 penalty units for a corporation.

28Effect of determinations on contrary obligations under this Regulation

If this Regulation imposes an obligation on a person, and the person is authorised or permitted to act contrary to that obligation by a determination made under this Division, the obligation is to be read as if it stated that the person could fulfil the obligation by acting in accordance with the determination.

29Register of determinations(1)

The Competent Authority must keep a register of determinations.

(2)

The register may have separate divisions for different kinds of determinations.

(3)

The Competent Authority must record in the register each determination made under this Regulation that is not an administrative determination

(4)

The Competent Authority must note in the register the revocation of a determination made under this Regulation.

Note—

A register of corresponding determinations is kept on the website of the Competent Authorities Panel ( depth="3" number="30">30Records of determinations

The record of a determination in the register must include:

• (a)

  the provisions of the determination, or

• (b)

  the following information:

  • (i)

    the title of the Government Gazette where the determination was notified or published and the date of notification or publication,

  • (ii)

    the provisions of this Regulation, and of the ADG Code, to which the determination relates,

  • (iii)

    the dangerous goods, equipment, packaging, vehicle or other thing to which the determination relates.

31Offence to do any thing prohibited or regulated by a determination(1)

If a determination under this Division prohibits or regulates the doing of any thing, a person to whom the determination applies must not do that thing contrary to the determination.

Maximum penalty: 40 penalty units for an individual or 200 penalty units for a corporation.

(2)

It is a defence to a prosecution for an offence against subclause (1) that the person did not know, and could not reasonably have been expected to know, of the determination, or that the determination applied to the person.

Part 2Key concepts32Dangerous goods(1)

Goods are dangerous goods if:

• (a)

  the goods are determined under clause 24 (1) (a) to be dangerous goods, or

• (b)

  the goods satisfy the dangerous goods classification criteria set out, or referred to, in Part 2 of the ADG Code.

(2)

However, goods that satisfy the criteria set out, or referred to, in Part 2 of the ADG Code are not dangerous goods if the goods are:

• (a)

  determined under clause 24 (1) (a) not to be dangerous goods, or

• (b)

  described as not subject to the ADG Code in a special provision in Chapter 3.3 of the ADG Code that is applied to the goods by column 6 of the Dangerous Goods List.

33Goods too dangerous to be transported

Dangerous goods are too dangerous to be transported if they are:

• (a)

  goods set out or described in Appendix A to the ADG Code, or

• (b)

  goods determined under clause 24 (2) (a) to be too dangerous to be transported, or

• (c)

  goods (other than goods mentioned in paragraph (a) or (b)) that are so sensitive or unstable that they cannot be safely transported even if the relevant requirements of this Regulation and the ADG Code are complied with.

Note—

Section 8 of the Act provides that a person must not consign for transport goods that this Regulation identifies as being too dangerous to be transported.

34UN Classes, UN Divisions and Categories of dangerous goods

The UN Class, Division or Category of particular dangerous goods for the purposes of this Regulation is:

• (a)

  if a determination under clause 24 (1) (b) that the goods are of a particular UN Class, Division or Category is in effect in relation to the goods—the Class, Division or Category specified in the determination, or

• (b)

  if no such determination is in effect—the Class, Division or Category determined for the goods in accordance with the ADG Code.

Notes—

• 1

  Under the UN classification system there are 9 classes of dangerous goods. Under that system some Classes are further divided into Divisions, and some Divisions are divided into Categories.

  Examples—UN Division 6.2 infectious substances are divided into:

  • (a)

    Category A (substances transported in a form that, if exposure occurs, can cause permanent disability or life-threatening or fatal disease to humans or animals), and

  • (b)

    Category B (others).

• 2

  Under the ADG Code, if particular dangerous goods are listed in the Dangerous Goods List, their UN Class or Division is that listed in column 2 of that list opposite the name and description of those goods, unless Chapter 3.3 of that Code provides for those goods to be assigned to a different Class or Division. If applicable, Chapter 2 of that Code describes how the UN Category of dangerous goods is to be determined. Once again the Category may be changed under Chapter 3.3 of that Code.

35Subsidiary risk

The subsidiary risk, if any, of particular dangerous goods for the purposes of this Regulation is:

• (a)

  if a determination under clause 24 (1) (c) that the goods have a particular subsidiary risk is in effect—the subsidiary risk specified in the determination, or

• (b)

  if no such determination is in effect—the subsidiary risk determined for the goods in accordance with the ADG Code.

Note—

Dangerous goods that are able to be assigned to more than one UN Class or Division are assigned a subsidiary risk. This subsidiary risk is the other UN Class/es or Division/s to which the goods also belong. Under the ADG Code, if particular dangerous goods are listed in the Dangerous Goods List, their subsidiary risk is that listed in column 4 of that list opposite the name and description of those goods, unless Chapter 3.3 of that Code provides for those goods to be assigned a different subsidiary risk.

36Packing Groups

The Packing Group, if any, of particular dangerous goods for the purposes of this Regulation is:

• (a)

  if a determination under clause 24 (1) (d) that the goods are of a particular Packing Group is in effect—the Packing Group specified in the determination, or

• (b)

  if no such determination is in effect—the Packing Group determined for the goods in accordance with the ADG Code.

Note—

The assignment of particular dangerous goods to a Packing Group indicates the degree of danger, and the level of containment required for, the goods. The Packing Groups, and the degree of danger they indicate, are:

• (a)

  Packing Group I (substances presenting high danger), and

• (b)

  Packing Group II (substances presenting medium danger), and

• (c)

  Packing Group III (substances presenting low danger).

The Packing Group of a substance can be determined from the Dangerous Goods List, although in some cases it is also necessary to refer to Chapter 3.3 of the ADG Code (the List identifies those cases).

37Incompatibility(1)

Dangerous or other goods are incompatible with dangerous goods if:

• (a)

  the goods are incompatible under Chapter 9.1 of the ADG Code, or

• (b)

  the goods are determined under clause 24 (1) (e) to be incompatible with the dangerous goods, or

• (c)

  when the goods are mixed, or otherwise brought into contact, with the dangerous goods, the goods are likely to interact with the dangerous goods and increase risk because of the interaction.

(2)

Packaging or equipment for use in the transport of dangerous goods is incompatible with the goods if any component of the packaging or equipment that is intended or likely to come into contact with the goods during transport:

• (a)

  is likely to interact with the goods and increase risk because of the interaction, and

• (b)

  is not protected from contact under foreseeable circumstances by a protective coating or other effective means.

Part 3Transport of dangerous goods to which special provisions apply38Application of this Part

This Part applies if a special provision applies to dangerous goods in the Dangerous Goods List and that special provision prohibits the transport of the goods by road or rail, or imposes a restriction on the way the goods are to be transported by road or rail.

Note—

Column 6 of the Dangerous Goods List specifies whether a special provision applies to dangerous goods, and Chapter 3.3 of the ADG Code lists the special provisions that apply.

39Duty on consignors

A person must not consign dangerous goods for transport if the person knows, or ought reasonably to know:

• (a)

  that a special provision applies to the transport of the goods, and

• (b)

  that the transport of the goods does not, or will not, comply with the special provision.

Maximum penalty: 20 penalty units for an individual or 100 penalty units for a corporation.

40Duty on packers

A person must not pack dangerous goods for transport if the person knows, or ought reasonably to know:

• (a)

  that a special provision applies to the transport of the goods, and

• (b)

  that the transport of the goods does not, or will not, comply with the special provision.

Maximum penalty: 20 penalty units for an individual or 100 penalty units for a corporation.

41Duty on loaders

A person must not load dangerous goods on to a vehicle for transport if the person knows, or ought reasonably to know:

• (a)

  that a special provision applies to the transport of the goods, and

• (b)

  that the transport of the goods does not, or will not, comply with the special provision.

Maximum penalty: 20 penalty units for an individual or 100 penalty units for a corporation.

42Duty on prime contractors and rail operators

A prime contractor or rail operator must not transport dangerous goods if the prime contractor or rail operator knows, or ought reasonably to know:

• (a)

  that a special provision applies to the transport of the goods, and

• (b)

  that the transport of the goods does not comply with the special provision.

Maximum penalty: 20 penalty units for an individual or 100 penalty units for a corporation.

43Duty on drivers

A person must not drive a road vehicle transporting dangerous goods if the person knows, or ought reasonably to know:

• (a)

  that a special provision applies to the transport of the goods, and

• (b)

  that the transport of the goods does not comply with the special provision.

Maximum penalty: 10 penalty units.

Part 4PackagingDivision 1General44Packing of dangerous goods in limited quantities

Dangerous goods packed in limited quantities do not need to be packed as required by this Part.

45References to Part 4 of the ADG Code include Dangerous Goods List requirements

In this Part, a reference to dangerous goods being packed in accordance with any relevant provision in Part 4 of the ADG Code is to be read as including a reference to the goods being packed in accordance with any packing requirement specified in relation to the goods in the Dangerous Goods List.

Division 2Suitability and design of packaging46Suitability of packaging for transport(1)

Packaging is unsuitable for the transport of dangerous goods if:

• (a)

  it is required to undergo performance tests under Part 6 of the ADG Code, and it is not approved packaging, or

• (b)

  it does not meet any relevant standards or requirements specified by Part 4 or 6 of the ADG Code (including requirements with respect to inspection, maintenance and repair), or

• (c)

  its use, or reuse, for the transport of the goods does not comply with Part 4 or 6 of the ADG Code, or

• (d)

  its use for the transport of the goods is prohibited by, or does not comply with, a determination made under Division 4 of Part 1, or

• (e)

  it is incompatible with the goods, or

• (f)

  it is damaged or defective to the extent that it is not safe to use to transport the goods.

(2)

A freight container is also unsuitable for use as a bulk container for the transport of dangerous goods if it does not have affixed to it a Safety Approval Plate as required under the International Convention for Safe Containers 1972.

47Marking packaging(1)

A person must not apply any marking required by Part 6 of the ADG Code on packaging if the packaging is not of a design approved under clause 49.

Maximum penalty: 40 penalty units for an individual or 200 penalty units for a corporation.

(2)

A person must not apply a marking mentioned in Part 6 of the ADG Code on packaging if the marking is not appropriate for the packaging.

Maximum penalty: 40 penalty units for an individual or 200 penalty units for a corporation.

48Applications for approval of packaging design(1)

This clause applies to packaging that is required to undergo performance tests under Part 6 of the ADG Code.

(2)

A person may apply to the Competent Authority for the approval of a design of packaging to which this clause applies for use in the transport of dangerous goods.

Examples—

Portable tanks, MEGCs, tanks on tank vehicles, pressure receptacles, aerosol dispensers, IBCs, bulk containers and drums, barrels, jerry cans, boxes, bags and composite packaging are some of the kinds of packaging required to undergo tests under Part 6 of the ADG Code. Performance tests include drop, leakproofness, hydraulic and stacking tests.

(3)

An application for approval must:

• (a)

  be made in accordance with clause 170, and

• (b)

  include the information required under Part 6 of the ADG Code.

49Approval of packaging designs(1)

The Competent Authority may, on application in accordance with clause 48, approve a design for a packaging for use in the transport of dangerous goods if it is satisfied that a packaging of that design:

• (a)

  will comply with, or is permitted by, Part 6 of the ADG Code, and

• (b)

  satisfies all the relevant testing and inspection requirements set out in that Part.

(2)

In determining whether packaging of a particular design satisfies any particular testing requirement, the Competent Authority may rely on any test certificate issued by a recognised testing facility (as defined by clause 50) that complies with clause 51.

(3)

In giving its approval, the Competent Authority may impose in relation to the approval any condition about the construction, packing, use or maintenance of a packaging manufactured in accordance with the design necessary for the safe use of the packaging to transport dangerous goods.

(4)

A person must not construct, pack or fail to maintain packaging for use in the transport of dangerous goods, or use packaging to transport dangerous goods, if the person knows, or ought reasonably to know, that:

• (a)

  a condition about the construction, packing, maintenance or use of the packaging, as the case may be, was imposed in relation to the approval of the design for the packaging, and

• (b)

  the construction, packing, failure to maintain, or use is in contravention of the condition.

Maximum penalty: 40 penalty units for an individual or 200 penalty units for a corporation.

50Recognised testing facilities

The following testing facilities are recognised testing facilities for a packaging design type:

• (a)

  a testing facility registered by NATA to conduct performance tests under Part 6 of the ADG Code for the packaging design type,

• (b)

  if NATA has not registered a testing facility to conduct performance tests of that kind—a testing facility in Australia capable of conducting the tests,

• (c)

  a facility in a foreign country approved by a public authority of the country to conduct performance tests of that kind.

51Test certificates(1)

A recognised testing facility may certify in writing that a packaging design type has passed particular performance tests for particular dangerous goods.

(2)

If a performance test is conducted by a testing facility registered by NATA, any test certificate, or report on the test, must:

• (a)

  contain any details required under the relevant Chapter of Part 6 of the ADG Code, and

• (b)

  be in the appropriate form used by NATA registered testing facilities.

(3)

If a performance test is conducted in Australia by a recognised testing facility that is not registered by NATA:

• (a)

  the test must be observed by or for the Competent Authority, and

• (b)

  any test certificate, or report on the test, must contain any details required under the relevant Chapter of Part 6 of the ADG Code.

52Approval of overpack preparation method(1)

The Competent Authority may, on application in accordance with clause 170, approve a method of preparing an overpack for transport that does not comply with section 5.1.2 of the ADG Code if the Authority considers that the risk involved in using the method is not greater than the risk involved in using a method complying with the section.

(2)

In giving its approval, the Competent Authority may impose in relation to the approval any condition about the use of the overpack necessary for the safe use of the overpack to transport dangerous goods.

(3)

A person must not use an overpack to transport dangerous goods if the person knows, or ought reasonably to know, that:

• (a)

  a condition about the use of the overpack was imposed in relation to the approval of the method of preparing the overpack, and

• (b)

  the use is in contravention of the condition.

Maximum penalty: 40 penalty units for an individual or 200 penalty units for a corporation.

53Authorised body may issue approvals(1)

The Competent Authority may authorise a person or body to issue approvals under clauses 49 and 52.

(2)

In giving its authorisation, the Competent Authority may impose in relation to the authorisation any condition it considers appropriate in relation to the issuing of approvals by the person or body.

(3)

In issuing an approval, in addition to complying with any condition imposed under subclause (2), the person or body must also:

• (a)

  comply with any relevant requirements imposed by Part 6 of the ADG Code in relation to the issuing of the approval, and

• (b)

  give the Competent Authority, in relation to the approval, all of the information listed in clause 179.

(4)

If a person or body is authorised to issue approvals under this clause:

• (a)

  clauses 48, 49 and 52 apply as if a reference in those clauses to the Competent Authority was a reference to the person or body, and

• (b)

  Divisions 1 and 4 of Part 17, to the extent that they deal with approvals, apply as if a reference in those Divisions to the Competent Authority was a reference to the person or body, and

• (c)

  a reference in this Regulation to an approval under clause 49 or 52 includes a reference to an approval given by the body or other person under clause 49 or 52 as applied under paragraph (a), and

• (d)

  clause 232 (e), (f) and (i) apply as if a reference in clause 232 to the Competent Authority was a reference to the person or body.

(5)

The Competent Authority may withdraw an authorisation granted under this clause at any time.

(6)

The withdrawal of an authorisation does not affect any approval issued by the person or body before the withdrawal took effect.

Division 3Prohibition on the sale or supply of non-compliant packaging54Offence to sell or supply non-compliant packaging

A person must not sell, supply, or offer to sell or supply, any packaging for use in the transport of particular dangerous goods unless:

• (a)

  it is packaging of a design that has been approved under clause 49, and it is marked in accordance with Part 6 (or, if applicable, Chapter 3.4) of the ADG Code, and, according to the marking, its use is appropriate for those goods, or

• (b)

  it complies with the relevant requirements of Parts 4 and 6 (or, if applicable, Chapter 3.4) of the ADG Code (including any relevant marking requirements) and its use is appropriate for those goods.

Maximum penalty: 40 penalty units for an individual or 200 penalty units for a corporation.

Division 4Offences relating to general packaging55Meaning of “general packaging” in this Division

In this Division, general packaging means all packaging (including large packagings) other than portable tanks, MEGCs, bulk containers, freight containers, tanks on tank vehicles and overpacks.

56Duty on consignors

A person must not consign dangerous goods for transport in any general packaging if the person knows, or ought reasonably to know, that:

• (a)

  the packaging is unsuitable for the transport of the goods, or

• (b)

  the goods have not been packed in the packaging in accordance with any relevant provision in Part 4 of the ADG Code.

Maximum penalty: 40 penalty units for an individual or 200 penalty units for a corporation.

57Duty on packers(1)

A person must not pack dangerous goods for transport in any general packaging if the person knows, or ought reasonably to know, that the packaging is unsuitable for the transport of the goods.

Maximum penalty: 40 penalty units for an individual or 200 penalty units for a corporation.

(2)

A person must not pack dangerous goods for transport in any general packaging in a way that the person knows, or ought reasonably to know, does not comply with any relevant provision in Part 4 of the ADG Code.

Maximum penalty: 40 penalty units for an individual or 200 penalty units for a corporation.

58Duty on loaders

A person must not load dangerous goods that are in any general packaging on to a vehicle for transport if the person knows, or ought reasonably to know, that the packaging is damaged or defective to the extent that it is not safe to use to transport the goods.

Maximum penalty: 40 penalty units for an individual or 200 penalty units for a corporation.

59Duty on prime contractors and rail operators

A prime contractor or rail operator must not transport dangerous goods in any general packaging if the prime contractor or rail operator knows, or ought reasonably to know, that the packaging is damaged or defective to the extent that it is not safe to use to transport the goods.

Maximum penalty: 40 penalty units for an individual or 200 penalty units for a corporation.

60Duty on drivers

A person must not drive a road vehicle transporting dangerous goods in any general packaging if the person knows, or ought reasonably to know, that the packaging is damaged or defective to the extent that it is not safe to use to transport the goods by road.

Maximum penalty: 20 penalty units.

Division 5Offences relating to other packaging61Meaning of “other packaging” in this Division

In this Division, other packaging means MEGCs, portable tanks, demountable tanks, bulk containers, freight containers and tanks on tank vehicles.

62Duty on manufacturers—compliance plates—portable tanks, MEGCs and tank vehicles(1)

A person who manufactures a portable tank or an MEGC for use in the transport of dangerous goods must attach a compliance plate to the tank or MEGC in accordance with Chapter 6.7 of the ADG Code.

Maximum penalty: 40 penalty units for an individual or 200 penalty units for a corporation.

(2)

Subclause (1) does not apply to a person in relation to a portable tank if Chapter 6.7 of the ADG Code permits the marking of the tank instead of the attachment of a compliance plate, and if the tank is marked as required by that Chapter.

(3)

A person who manufactures a tank vehicle for use in the transport of dangerous goods must attach a compliance plate to the vehicle in accordance with Section 6.9.2.2 of the ADG Code.

Maximum penalty: 40 penalty units for an individual or 200 penalty units for a corporation.

63Duty on owners—portable tanks, demountable tanks, MEGCs and tank vehicles

The owner of a portable tank, a demountable tank, an MEGC or a tank vehicle must not use the tank, MEGC or vehicle, or permit the tank, MEGC or vehicle to be used, to transport dangerous goods if the tank, MEGC or tank on the vehicle is unsuitable for the transport of the goods.

Maximum penalty: 40 penalty units for an individual or 200 penalty units for a corporation.

64Duty on consignors(1)

A person must not consign dangerous goods for transport in any other packaging provided by the person if:

• (a)

  the packaging is unsuitable for the transport of the goods, or

• (b)

  the goods have not been packed in the packaging in accordance with any relevant provision in Part 4 of the ADG Code.

Maximum penalty: 40 penalty units for an individual or 200 penalty units for a corporation.

(2)

A person must not consign dangerous goods for transport in any other packaging that was provided by any other person if:

• (a)

  the packaging is unsuitable for the transport of the goods, or

• (b)

  the goods have not been packed in the packaging in accordance with any relevant provision in Part 4 of the ADG Code.

Maximum penalty: 40 penalty units for an individual or 200 penalty units for a corporation.

65Duty on packers(1)

A person must not pack dangerous goods for transport in any other packaging if the person knows, or reasonably ought to know, that the packaging is unsuitable for the transport of the goods.

Maximum penalty: 40 penalty units for an individual or 200 penalty units for a corporation.

(2)

A person must not pack dangerous goods for transport in any other packaging in a way that the person knows, or ought reasonably to know, does not comply with any relevant provision in Part 4 of the ADG Code.

Maximum penalty: 40 penalty units for an individual or 200 penalty units for a corporation.

66Duty on loaders

A person must not load dangerous goods that are in any other packaging on to a vehicle for transport if the person knows, or ought reasonably to know, that the packaging is unsuitable for the transport of the goods.

Maximum penalty: 40 penalty units for an individual or 200 penalty units for a corporation.

67Duty on prime contractors and rail operators(1)

A prime contractor or rail operator must not transport dangerous goods in any other packaging provided by the prime contractor or rail operator if:

• (a)

  the packaging is unsuitable for the transport of the goods, or

• (b)

  the goods have not been packed in the packaging in accordance with any relevant provision in Part 4 of the ADG Code.

Maximum penalty: 40 penalty units for an individual or 200 penalty units for a corporation.

(2)

A prime contractor or rail operator must not transport dangerous goods in any other packaging provided by any other person if the prime contractor or rail operator knows, or ought reasonably to know, that:

• (a)

  the packaging is unsuitable for the transport of the goods, or

• (b)

  the goods have not been packed in the packaging in accordance with any relevant provision in Part 4 of the ADG Code.

Maximum penalty: 40 penalty units for an individual or 200 penalty units for a corporation.

68Duty on drivers

A person must not drive a road vehicle transporting dangerous goods in any other packaging if the person knows, or ought reasonably to know, that:

• (a)

  the packaging is unsuitable for the transport of the goods, or

• (b)

  the goods have not been packed in the packaging in accordance with any relevant provision in Part 4 of the ADG Code.

Maximum penalty: 40 penalty units.

Division 6Offences relating to overpacks69Duty on consignors

A person must not consign dangerous goods for transport in an overpack if the preparation of the overpack and its contents does not comply with either:

• (a)

  Part 4 and section 5.1.2 of the ADG Code, or

• (b)

  an approval under clause 52.

Maximum penalty: 20 penalty units for an individual or 100 penalty units for a corporation.

70Duty on packers

A person must not pack dangerous goods for transport in an overpack if the person knows, or reasonably ought to know, that the packing of the packages into the overpack, or the preparation of the overpack or its contents, does not comply with either:

• (a)

  Part 4 and section 5.1.2 of the ADG Code, or

• (b)

  an approval under clause 52.

Maximum penalty: 20 penalty units for an individual or 100 penalty units for a corporation.

71Duty on loaders

A person must not load dangerous goods in an overpack on to a vehicle for transport if the person knows, or reasonably ought to know, that the preparation of the overpack and its contents does not comply with either:

• (a)

  Part 4 and section 5.1.2 of the ADG Code, or

• (b)

  an approval under clause 52.

Maximum penalty: 20 penalty units for an individual or 100 penalty units for a corporation.

72Duty on prime contractors and rail operators

A prime contractor or rail operator must not transport dangerous goods in an overpack if the prime contractor knows, or reasonably ought to know, that the preparation of the overpack and its contents does not comply with either:

• (a)

  Part 4 and section 5.1.2 of the ADG Code, or

• (b)

  an approval under clause 52.

Maximum penalty: 20 penalty units for an individual or 100 penalty units for a corporation.

73Duty on drivers

A person must not drive a road vehicle transporting dangerous goods in an overpack if the person knows, or reasonably ought to know, that the preparation of the overpack and its contents does not comply with either:

• (a)

  Part 4 and section 5.1.2 of the ADG Code, or

• (b)

  an approval under clause 52.

Maximum penalty: 15 penalty units.

Part 5Consignment proceduresDivision 1Marking and labelling74Meaning of “appropriately marked”(1)

Any receptacle (other than a transport unit or an overpack) that has a capacity of more than 500 litres or which contains more than 500 kilograms of dangerous goods is appropriately marked if it is marked and labelled in accordance with Chapters 5.2 and 5.3 of the ADG Code.

(2)

Any other package of dangerous goods (other than an overpack) is appropriately marked if it is marked and labelled in accordance with Chapter 5.2 of the ADG Code.

(3)

An overpack is appropriately marked if it is marked and labelled in accordance with Section 5.1.2 of the ADG Code.

(4)

A package of dangerous goods that are packed in limited quantities is also appropriately marked if it is marked and labelled in accordance with Chapter 3.4 of the ADG Code.

(5)

A package of dangerous goods that are to be transported as a retail distribution load in accordance with Chapter 7.3 of the ADG Code is also appropriately marked if it is marked and labelled in accordance with that Chapter.

75Consignor’s duties(1)

A person must not consign dangerous goods for transport in a package if the package is not appropriately marked.

Maximum penalty:

• (a)

  in the case of large packaging or overpack—20 penalty units for an individual or 100 penalty units for a corporation, or

• (b)

  in any other case—10 penalty units for an individual or 30 penalty units for a corporation.

(2)

A person must not consign dangerous goods for transport in a package if a marking or label on the package about its contents is false or misleading in a material particular.

Maximum penalty:

• (a)

  in the case of large packaging or overpack—20 penalty units for an individual or 100 penalty units for a corporation, or

• (b)

  in any other case—10 penalty units for an individual or 30 penalty units for a corporation.

(3)

A person must not consign goods for transport in a package that does not contain dangerous goods but that is marked or labelled as if it contained dangerous goods.

Maximum penalty:

• (a)

  in the case of large packaging or overpack—20 penalty units for an individual or 100 penalty units for a corporation, or

• (b)

  in any other case—10 penalty units for an individual or 30 penalty units for a corporation.

76Packer’s duties(1)

A person must not pack dangerous goods for transport in a package if the person knows, or reasonably ought to know, that the package is not, or will not be once the package is ready to be transported, appropriately marked.

Maximum penalty:

• (a)

  in the case of large packaging or overpack—20 penalty units for an individual or 100 penalty units for a corporation, or

• (b)

  in any other case—10 penalty units for an individual or 30 penalty units for a corporation.

(2)

A person who packs dangerous goods for transport in a package must not mark or label the package with a marking or label about its contents that the person knows, or reasonably ought to know, is false or misleading in a material particular.

Maximum penalty:

• (a)

  in the case of large packaging or overpack—20 penalty units for an individual or 100 penalty units for a corporation, or

• (b)

  in any other case—10 penalty units for an individual or 30 penalty units for a corporation.

(3)

A person who packs goods for transport in a package must not mark or label the package as if it contained dangerous goods if the person knows, or reasonably ought to know, that it does not contain dangerous goods.

Maximum penalty:

• (a)

  in the case of large packaging or overpack—20 penalty units for an individual or 100 penalty units for a corporation, or

• (b)

  in any other case—10 penalty units for an individual or 30 penalty units for a corporation.

77Prime contractor’s and rail operator’s duties(1)

A prime contractor or rail operator must not transport goods in a package if the prime contractor or rail operator knows, or reasonably ought to know, that:

• (a)

  the goods are dangerous goods, and

• (b)

  the package is not appropriately marked.

Maximum penalty:

• (a)

  in the case of large packaging or overpack—20 penalty units for an individual or 100 penalty units for a corporation, or

• (b)

  in any other case—10 penalty units for an individual or 30 penalty units for a corporation.

(2)

A prime contractor or rail operator must not transport dangerous goods in a package if the prime contractor or rail operator knows, or reasonably ought to know, that a marking or label on the package about its contents is false or misleading in a material particular.

Maximum penalty:

• (a)

  in the case of large packaging or overpack—20 penalty units for an individual or 100 penalty units for a corporation, or

• (b)

  in any other case—10 penalty units for an individual or 30 penalty units for a corporation.

(3)

A prime contractor or rail operator must not transport goods in a package that is marked or labelled as if it contained dangerous goods if the prime contractor or rail operator knows, or reasonably ought to know, that the package does not contain dangerous goods.

Maximum penalty:

• (a)

  in the case of large packaging or overpack—20 penalty units for an individual or 100 penalty units for a corporation, or

• (b)

  in any other case—10 penalty units for an individual or 30 penalty units for a corporation.

Division 2Placarding78When load must be placarded(1)

A load of dangerous goods must be placarded if:

• (a)

  it contains:

  • (i)

    dangerous goods in a receptacle with a capacity of more than 500 litres, or

  • (ii)

    more than 500 kilograms of dangerous goods in a receptacle, or

• (b)

  it contains an aggregate quantity of dangerous goods of 250 or more and those goods include:

  • (i)

    dangerous goods of UN Division 2.1 that are not aerosols, or

  • (ii)

    dangerous goods of UN Division 2.3, or

  • (iii)

    dangerous goods of Packing Group I, or

• (c)

  it contains dangerous goods of Category A of UN Division 6.2, or

• (d)

  it contains an aggregate quantity of dangerous goods of UN Division 6.2 (other than Category A) of 10 or more, or

• (e)

  it contains an aggregate quantity of dangerous goods of 1,000 or more.

(2)

However, a retail distribution load that complies with Chapter 7.3 of the ADG Code is not a load that must be placarded.

79Meaning of “appropriately placarded”(1)

A person placards a load of dangerous goods if the person affixes, stencils, prints or places a label (as defined in the ADG Code) or an emergency information panel (as defined in Section 5.3.1.3 of the ADG Code) in relation to the load on any thing that is being, or that is to be, used to transport the load.

(2)

In this Division, a placard load is appropriately placarded if it is placarded in accordance with Chapter 5.3 of the ADG Code.

80Consignor’s duties(1)

A person must not consign a placard load for transport if the load is not appropriately placarded.

Maximum penalty: 40 penalty units for an individual or 200 penalty units for a corporation.

(2)

A person must not consign a placard load for transport if the placarding of the load is false or misleading in a material particular.

Maximum penalty: 40 penalty units for an individual or 200 penalty units for a corporation.

(3)

A person must not consign goods for transport in or on a transport unit that does not contain dangerous goods but that is placarded as if it was a placard load.

Maximum penalty: 40 penalty units for an individual or 200 penalty units for a corporation.

81Loader’s duties(1)

A person who loads dangerous goods on to a vehicle for transport must ensure that the load is appropriately placarded, if the person knows, or reasonably ought to know, that the goods are a placard load.

Maximum penalty: 40 penalty units for an individual or 200 penalty units for a corporation.

(2)

A person who loads a placard load on to a vehicle for transport must not placard the load with placarding that the person knows, or reasonably ought to know, is false or misleading in a material particular.

Maximum penalty: 40 penalty units for an individual or 200 penalty units for a corporation.

(3)

A person who loads goods on to a vehicle for transport must not placard the load as if it was a placard load if the person knows, or reasonably ought to know, that the load does not contain dangerous goods.

Maximum penalty: 40 penalty units for an individual or 200 penalty units for a corporation.

82Prime contractor’s and rail operator’s duties(1)

A prime contractor or rail operator must not transport dangerous goods if the prime contractor or rail operator knows, or reasonably ought to know, that:

• (a)

  the goods are a placard load, and

• (b)

  the load is not appropriately placarded.

Maximum penalty: 40 penalty units for an individual or 200 penalty units for a corporation.

(2)

A prime contractor or rail operator must not transport a placard load if the prime contractor or rail operator knows, or reasonably ought to know, that the placarding of the load is false or misleading in a material particular.

Maximum penalty: 40 penalty units for an individual or 200 penalty units for a corporation.

(3)

A prime contractor or rail operator must not use a transport unit that is placarded as if it was a placard load if the person knows or reasonably ought to know that the transport unit does not contain dangerous goods.

Maximum penalty: 40 penalty units for an individual or 200 penalty units for a corporation.

83Driver’s duties(1)

A person must not drive a road vehicle transporting dangerous goods if the person knows, or reasonably ought to know, that:

• (a)

  the goods are a placard load, and

• (b)

  the load is not appropriately placarded.

Maximum penalty: 20 penalty units.

(2)

A person must not drive a road vehicle transporting a placard load if the person knows, or reasonably ought to know, that the placarding of the load is false or misleading in a material particular.

Maximum penalty: 20 penalty units.

(3)

A person must not drive a road vehicle that is, or that incorporates, a transport unit that is placarded as if it was a placard load if the person knows or reasonably ought to know that the vehicle does not contain dangerous goods.

Maximum penalty: 20 penalty units.

Part 6Safety standards—vehicles and equipment84Owner’s duties

The owner of a vehicle must not use the vehicle, or permit it to be used, to transport dangerous goods if the vehicle or its equipment does not comply with Chapter 4.4 of the ADG Code.

Maximum penalty: 40 penalty units for an individual or 200 penalty units for a corporation.

85Consignor’s duties

A person must not consign dangerous goods for transport in or on a vehicle if the person knows, or reasonably ought to know, that the vehicle or its equipment does not comply with Chapter 4.4 of the ADG Code.

Maximum penalty: 40 penalty units for an individual or 200 penalty units for a corporation.

86Loader’s duties

A person must not load dangerous goods on to a vehicle for transport if the person knows, or reasonably ought to know, that the vehicle or its equipment does not comply with Chapter 4.4 of the ADG Code.

Maximum penalty: 20 penalty units for an individual or 100 penalty units for a corporation.

87Prime contractor’s and rail operator’s duties

A prime contractor or rail operator must not use a vehicle to transport dangerous goods if the vehicle or its equipment does not comply with Chapter 4.4 of the ADG Code.

Maximum penalty: 40 penalty units for an individual or 200 penalty units for a corporation.

88Driver’s duties

A person must not drive a road vehicle transporting dangerous goods if the person knows, or reasonably ought to know, that the vehicle or its equipment does not comply with Chapter 4.4 of the ADG Code.

Maximum penalty: 20 penalty units.

Part 7Transport operations relating to certain dangerous goodsDivision 1Self-reactive substances, organic peroxides and certain other substances89Application

This Division applies to the transport of the following types of dangerous goods:

• (a)

  gases of UN Class 2,

• (b)

  self-reactive substances of UN Division 4.1,

• (c)

  organic peroxides of UN Division 5.2,

• (d)

  other substances for which:

  • (i)

    the proper shipping name contains the word “STABILIZED”, and

  • (ii)

    the self-accelerating decomposition temperature (as determined in accordance with Part 2 of the ADG Code) when presented for transport in a packaging is 50°C or lower,

• (e)

  toxic substances of UN Division or Subsidiary Risk 6.1,

• (f)

  infectious substances of UN Division 6.2,

• (g)

  dangerous when wet substances of UN Division 4.3.

90Consignor’s duties

A person must not consign dangerous goods to which this Division applies for transport in a transport unit if the person knows, or reasonably ought to know, that the goods are not loaded or stowed, or cannot be transported or unloaded, in accordance with Chapter 7.1 of the ADG Code.

Maximum penalty: 20 penalty units for an individual or 100 penalty units for a corporation.

91Loader’s duties

A person must not load dangerous goods to which this Division applies that are in a transport unit on to a vehicle for transport other than in accordance with Chapter 7.1 of the ADG Code.

Maximum penalty: 20 penalty units for an individual or 100 penalty units for a corporation.

92Prime contractor’s and rail operator’s duties(1)

A prime contractor or rail operator must not transport dangerous goods to which this Division applies if the contractor or rail operator knows, or reasonably ought to know, that the transport does not comply with Chapter 7.1 of the ADG Code.

Maximum penalty: 20 penalty units for an individual or 100 penalty units for a corporation.

(2)

A prime contractor or rail operator responsible for the transport of one or more packages of infectious substances of UN Division 6.2 who becomes aware of damage to, or leakage from, the package or any of the packages must comply with section 7.1.7.2.2 of the ADG Code.

Maximum penalty: 20 penalty units for an individual or 100 penalty units for a corporation.

93Driver’s duties

A person must not drive a road vehicle transporting dangerous goods to which this Division applies if the person knows, or reasonably ought to know, that the dangerous goods are not being transported in accordance with Chapter 7.1 of the ADG Code.

Maximum penalty: 15 penalty units.

Division 2Goods too dangerous to be transportedNote—

Section 8 of the Act provides for the duties of consignors of goods too dangerous to be transported, prescribes the people who are to be regarded as the consignors of such goods and provides for the relevant offence and penalty for consigning them for transport.

94Application

This Division applies to goods too dangerous to be transported.

95Loader’s duties

A person must not load goods for transport in or on a transport unit if the person knows, or reasonably ought to know, that the goods are goods that are too dangerous to be transported.

Maximum penalty: 20 penalty units for an individual or 100 penalty units for a corporation.

96Prime contractor’s and rail operator’s duties

A prime contractor or rail operator must not transport goods if the contractor or operator knows, or reasonably ought to know, that the goods are goods that are too dangerous to be transported.

Maximum penalty: 20 penalty units for an individual or 100 penalty units for a corporation.

97Driver’s duties

A person must not drive a vehicle transporting goods if the person knows, or reasonably ought to know, that the goods are goods that are too dangerous to be transported.

Maximum penalty: 15 penalty units.

Part 8Stowage and restraint98Consignor’s duties(1)

A person must not consign for transport in or on a vehicle a load of dangerous goods that is a placard load if the person knows, or reasonably ought to know, that the goods or their packaging are not, or will not be, stowed, loaded and restrained in accordance with Chapter 8.1 of the ADG Code.

Maximum penalty: 20 penalty units for an individual or 100 penalty units for a corporation.

(2)

A person must not consign a load of dangerous goods for transport in or on a transport unit if the person knows, or reasonably ought to know, that the transport unit is not, or will not be, restrained in accordance with Chapter 8.2 of the ADG Code.

Maximum penalty: 20 penalty units for an individual or 100 penalty units for a corporation.

99Loader’s duties(1)

A person who loads for transport in or on a vehicle a load of dangerous goods that is a placard load must ensure that the goods and their packaging are stowed, loaded and restrained in accordance with Chapter 8.1 of the ADG Code.

Maximum penalty: 20 penalty units for an individual or 100 penalty units for a corporation.

(2)

A person who loads for transport in or on a vehicle dangerous goods that are in a transport unit must ensure that the transport unit is restrained in accordance with Chapter 8.2 of the ADG Code.

Maximum penalty: 20 penalty units for an individual or 100 penalty units for a corporation.

100Prime contractor’s and rail operator’s duties(1)

A prime contractor or rail operator must not transport in or on a vehicle a load of dangerous goods that is a placard load if the prime contractor or rail operator knows, or reasonably ought to know, that the goods or their packaging have not been stowed or loaded, or are not restrained, in accordance with Chapter 8.1 of the ADG Code.

Maximum penalty: 20 penalty units for an individual or 100 penalty units for a corporation.

(2)

A prime contractor or rail operator must not transport dangerous goods in or on a transport unit if the prime contractor or rail operator knows, or reasonably ought to know, that the goods or their packaging are not restrained in accordance with Chapter 8.2 of the ADG Code.

Maximum penalty: 20 penalty units for an individual or 100 penalty units for a corporation.

101Driver’s duties(1)

A person must not drive a road vehicle transporting a load of dangerous goods that is a placard load if the person knows, or reasonably ought to know, that the goods or their packaging have not been stowed or loaded, or are not restrained, in accordance with Chapter 8.1 of the ADG Code.

Maximum penalty: 15 penalty units.

(2)

A person must not drive a road vehicle transporting dangerous goods in a transport unit if the person knows, or reasonably ought to know, that the goods or their packaging are not restrained in accordance with Chapter 8.2 of the ADG Code.

Maximum penalty: 15 penalty units.

Part 9Segregation102Application of Part(1)

This Part applies to:

• (a)

  the transport of a placard load, and

• (b)

  the transport of a load of dangerous goods that is not a placard load if the load contains dangerous goods of UN Division 2.3, UN Class 6 or UN Class 8, or dangerous goods that have a Subsidiary Risk of 6.1 or 8, that are being, or are to be, transported with food or food packaging.

(2)

Dangerous goods packed in limited quantities do not need to comply with this Part.

103Exception for certain goods for driver’s personal use

Despite clauses 104–108, food and food packaging may be transported on a road vehicle with dangerous goods if the food or packaging is in the road vehicle’s cabin and is for the driver’s personal use.

104Consignor’s duties

A person must not consign dangerous goods for transport in or on a vehicle if the person knows, or reasonably ought to know, that:

• (a)

  the vehicle is, in the same journey, transporting incompatible goods, and

• (b)

  the dangerous goods will not be segregated from the incompatible goods in accordance with:

  • (i)

    Part 9 of the ADG Code, or

  • (ii)

    any approval under clause 110.

Maximum penalty: 40 penalty units for an individual or 200 penalty units for a corporation.

105Loader’s duties

A person must not load dangerous goods for transport in or on a vehicle if the person knows, or reasonably ought to know, that:

• (a)

  the vehicle is, in the same journey, transporting incompatible goods, and

• (b)

  the dangerous goods will not be segregated from the incompatible goods in accordance with:

  • (i)

    Part 9 of the ADG Code, or

  • (ii)

    any approval under clause 110.

Maximum penalty: 40 penalty units for an individual or 200 penalty units for a corporation.

106Prime contractor’s duties

A prime contractor must not use a road vehicle to transport dangerous goods if the person knows, or reasonably ought to know, that:

• (a)

  the road vehicle is, in the same journey, transporting incompatible goods, and

• (b)

  the dangerous goods are not segregated from the incompatible goods in accordance with:

  • (i)

    Part 9 of the ADG Code, or

  • (ii)

    any approval under clause 110.

Maximum penalty: 40 penalty units for an individual or 200 penalty units for a corporation.

107Rail operator’s duties

A rail operator must not use a train to transport dangerous goods if the person knows, or reasonably ought to know, that:

• (a)

  the train is, in the same journey, transporting incompatible goods, and

• (b)

  the dangerous goods are not segregated from the incompatible goods in accordance with:

  • (i)

    Part 9 of the ADG Code, or

  • (ii)

    any approval under clause 110.

Maximum penalty: 40 penalty units for an individual or 200 penalty units for a corporation.

108Driver’s duties

A person must not drive a road vehicle transporting dangerous goods if the person knows, or reasonably ought to know, that:

• (a)

  the road vehicle is, in the same journey, transporting incompatible goods, and

• (b)

  the dangerous goods are not segregated from the incompatible goods in accordance with:

  • (i)

    Part 9 of the ADG Code, or

  • (ii)

    any approval under clause 110.

Maximum penalty: 15 penalty units.

109Approvals—Type II segregation devices(1)

An application for approval of a design for a Type II segregation device for use in the transport of dangerous goods must include any information required under Chapter 6.11 of the ADG Code.

(2)

The Competent Authority may, on application in accordance with subclause (1) and clause 170, approve a design for a Type II segregation device if the design complies with Chapter 6.11 of the ADG Code.

110Approvals—methods of segregation(1)

The Competent Authority may, on application made in accordance with clause 170, approve a method of segregation not complying with Part 9 of the ADG Code for transporting dangerous and incompatible goods by road, if the Authority considers that:

• (a)

  it is impracticable to segregate the goods by a segregation device, or method of segregation, complying with that Part, and

• (b)

  the risk involved in using the method to transport the goods by road is not greater than the risk involved in using a device or method complying with that Part to transport the goods by road.

(2)

In giving its approval, the Competent Authority may impose in relation to the approval any condition necessary for the safe transport of dangerous goods.

(3)

A person to whom an approval has been given must not contravene a condition of the approval.

Maximum penalty: 40 penalty units for an individual or 200 penalty units for a corporation.

Part 10Bulk transfer of dangerous goods

• an application is made to vary a licence, and

• (b)

  the application is made by the licensee and has the licence with it.

(2)

The licensing authority may vary the licence in accordance with the application.

229Cancellation, suspension and variation in other circumstances(1)

This clause applies if:

• (a)

  the licensing authority considers that a ground exists to cancel, suspend or vary a licence (the proposed action), and

• (b)

  clauses 226, 227 and 228 do not apply to the proposed action.

(2)

The licensing authority must give to the licensee a written notice that:

• (a)

  states what the proposed action is, and

• (b)

  if the proposed action is to suspend the licence—states what the proposed suspension period is, and

• (c)

  if the proposed action is to vary the licence—sets out the proposed variation, and

• (d)

  sets out the ground for the proposed action, and

• (e)

  outlines the facts and other circumstances forming the basis for the ground, and

• (f)

  invites the licensee to state in writing, within a specified period of at least 28 days after the day when the notice is given to the licensee, why the proposed action should not be taken.

(3)

If, after considering any written statement made within the specified period, the licensing authority reasonably believes that a ground exists to take the proposed action, the licensing authority may:

• (a)

  cancel or vary the licence, or

• (b)

  suspend the licence for a period not longer than 12 months (except if the suspension is to give effect to a court order specifying a longer period of suspension), or

• (c)

  if the proposed action is to vary the licence in a specified way—vary the licence in that way.

(4)

The licensing authority may withdraw a suspension before the suspension is due to expire if it reasonably believes that it is appropriate to do so.

230When cancellation, suspension and variation take effect

The cancellation, suspension or variation of a licence by the licensing authority takes effect on:

• (a)

  the day when the licensee is given written notice by the licensing authority of the cancellation, suspension or variation and of the reasons for the cancellation, suspension or variation, or

• (b)

  a later day specified in the notice.

231When licences taken to be suspended(1)

A person’s dangerous goods driver licence is taken to be suspended if the person’s driver licence has no effect.

(2)

A person’s dangerous goods vehicle licence for a road vehicle is taken to be suspended in relation to the road vehicle if the road vehicle is not registered.

Part 19Reconsideration and review of decisions232Application of Part

This Part applies to the following decisions made by the Competent Authority:

• (a)

  a decision, under clause 23, to approve or not approve a test or training course for drivers of road vehicles transporting dangerous goods,

• (b)

  an administrative determination under clause 24 or 25,

• (c)

  a decision, under clause 49, to approve or not approve a design for a packaging,

• (d)

  a decision, under clause 52, to approve or not approve a method of preparing an overpack,

• (e)

  a decision, under clause 109, to approve or not approve a design for a segregation device,

• (f)

  a decision, under clause 110, to approve or not approve a method of segregation,

• (g)

  a decision, under clause 134, to approve or not approve emergency information,

• (h)

  a decision, under clause 183, 185 or 186, to cancel, vary or refuse to vary a determination or approval,

• (i)

  a decision, under clause 197 or 207, to grant or refuse to grant a licence,

• (j)

  a decision, under clause 199 or 209, to renew or refuse to renew a licence,

• (k)

  a decision, under clause 217, to issue or refuse to issue a replacement licence or licence label,

• (l)

  a decision, under clause 226, 228 or 229, to cancel, suspend, vary or refuse to vary a licence,

• (m)

  a decision, under clause 240, to approve or not approve the use of a vehicle that is not covered by a policy of insurance or other form of indemnity.

233Who may apply for reconsideration of decisions

A person whose interests are affected by a decision may apply in writing to the Competent Authority for reconsideration of the decision.

234Applications for reconsideration(1)

An application must be made within:

• (a)

  28 days after the day when the person was informed of the decision by the Competent Authority, or

• (b)

  a longer period allowed by the Authority, either before or after the end of the 28 days.

(2)

The application must set out the grounds on which reconsideration of the decision is sought.

235Competent Authority to reconsider decisions(1)

Within 28 days after receiving the application, the Competent Authority must reconsider the decision, and confirm, revoke or vary the decision.

(2)

The Competent Authority must inform the applicant in writing of the result of the reconsideration and of the reasons for the result.

236Appeal to court after reconsideration of certain decisions(1)

A person who is not satisfied with the result of a reconsideration of a decision by the Competent Authority under clause 235 may appeal against the decision to:

• (a)

  in the case of a reconsideration by the EPA—the Land and Environment Court, or

• (b)

  in the case of a reconsideration by WorkCover—the Local Court constituted by an Industrial Magistrate sitting alone.

(2)

An appeal under this clause must be made within 21 days after the day when the person was informed of the result of the reconsideration of the decision concerned.

(3)

An appeal under this clause does not operate to stay the decision the subject of the appeal except as otherwise ordered by the court concerned.

(4)

The court to which an appeal under this clause is made may, on the appeal, confirm the decision, vary it or revoke it.

Part 20Insurance237Owner’s duties(1)

The owner of a road vehicle must not use the vehicle, or permit it to be used, to transport a placard load unless:

• (a)

  the use of the vehicle is covered by a policy of insurance or other form of indemnity, for a sum that is not less than $5,000,000, in respect of:

  • (i)

    personal injury, death, property damage and other damage (except consequential economic loss) arising out of any fire, explosion, leakage or spillage of dangerous goods in, on or from the vehicle or any packaging transported in or on the vehicle, and

  • (ii)

    costs incurred by or on behalf of a Commonwealth, State or Territory government authority in a clean-up resulting from such a fire, explosion, leakage or spillage, or

• (b)

  the owner has an approval under clause 240 in relation to the use of the vehicle and is complying with all relevant conditions to which the approval is subject.

Maximum penalty: 50 penalty units for an individual or 250 penalty units for a corporation.

(2)

Each load bearing vehicle, whether or not a road vehicle and whether or not it is being used in combination with another vehicle, is a vehicle for the purposes of subclause (1).

238Prime contractor’s duties(1)

A prime contractor must not use a road vehicle to transport a placard load unless:

• (a)

  the use of the vehicle is covered by a policy of insurance or other form of indemnity, for a sum that is not less than $5,000,000, in respect of:

  • (i)

    personal injury, death, property damage and other damage (except consequential economic loss) arising out of any fire, explosion, leakage or spillage of dangerous goods in, on or from the vehicle or any packaging transported in or on the vehicle, and

  • (ii)

    costs incurred by or on behalf of a Commonwealth, State or Territory government authority in a clean-up resulting from such a fire, explosion, leakage or spillage, or

• (b)

  the prime contractor has an approval under clause 240 in relation to the use of the vehicle and is complying with all relevant conditions to which the approval is subject.

Maximum penalty: 50 penalty units for an individual or 250 penalty units for a corporation.

(2)

Each load bearing vehicle, whether or not a road vehicle and whether or not it is being used in combination with another vehicle, is a vehicle for the purposes of subclause (1).

239Requiring evidence of insurance etc(1)

The Competent Authority may, by written notice, require the owner of a road vehicle used to transport a placard load, or a prime contractor responsible for the condition of the vehicle, to produce:

• (a)

  written evidence that the vehicle is covered by a policy of insurance or other form of indemnity in accordance with clause 237 (1) (a) or 238 (1) (a), or

• (b)

  an approval under clause 240 in relation to the vehicle.

(2)

The owner or prime contractor must produce the evidence or approval to the Competent Authority within 14 days after the day when the notice is given to the person.

Maximum penalty: 15 penalty units for an individual or 75 penalty units for a corporation.

240Approvals—insurance(1)

The owner of a road vehicle used to transport placard loads, or a prime contractor responsible for the condition of the vehicle, may make an application in accordance with clause 170 to use the vehicle even if the vehicle is not covered by a policy of insurance or other form of indemnity in accordance with clause 237 (1) (a) or 238 (1) (a).

(2)

If the Competent Authority is satisfied that the owner or prime contractor is adequately capable of self-insurance for the purposes of clause 237 (1) (a) or 238 (1) (a), the Competent Authority may give written approval for the use of the vehicle.

(3)

An approval under subclause (2) may be given by the Competent Authority:

• (a)

  for a single use or for a period not longer than 5 years, and

• (b)

  subject to any other condition.

Part 21Miscellaneous241Penalty notice offences and penalties(1)

For the purposes of section 48 of the Act:

• (a)

  each offence created by a provision specified in Column 1 of Schedule 1 is an offence for which a penalty notice may be served, and

• (b)

  the penalty prescribed for each such offence is:

  • (i)

    the amount specified opposite the provision in Column 2 of the Schedule, or

  • (ii)

    if the person alleged to have committed the offence is a corporation, and if a greater amount is specified opposite the provision in Column 3 of the Schedule, the amount specified in Column 3 of the Schedule.

(2)

If the reference to a provision in Column 1 of Schedule 1 is qualified by words that restrict its operation to specified kinds of offences, an offence created by the provision is a prescribed offence only if it is an offence of a kind so specified or committed in the circumstances so specified.

242Appeals to Court following certain reviews: sections 35 and 45(1)

An appeal to a court under section 35 of the Act must be made within 21 days after the day when the person was given notice of the result of the review concerned.

(2)

An appeal to a court under section 45 of the Act must be made within 21 days after the day when the person was given notice of the result of the internal review concerned.

Schedule 1Penalty notice offences

(Clause 241)

Column 1	Column 2	Column 3
Provision	Penalty (Individual) ($)	Penalty (Corporation) ($)
Offences against the Act
Section 6 (1)	800	4,000
Section 6 (2)	2,000	10,000
Section 6 (3)	2,000	2,000
Section 7 (1)	800	4,000
Section 7 (2)	2,000	–
Section 8	2,000	10,000
Section 9 (1)	2,000	10,000
Section 9 (2)	2,000	10,000
Section 19 (2)	400	–
Section 23	1,600	8,000
Section 24	2,000	–
Section 27	2,000	10,000
Section 29	2,000	10,000
Section 31	2,000	10,000
Section 39 (3)	2,000	10,000
Section 40 (2)	400	2,000
Section 42 (6)	2,000	10,000
Section 53 (9)	2,000	10,000
Section 66 (2)	110	–
Section 66 (3)	110	–
Offences against this Regulation
Clause 7 (3)	800	4,000
Clause 7 (4)	800	4,000
Clause 7 (5)	800	4,000
Clause 8	800	4,000
Clause 22 (2)	800	4,000
Clause 22 (3)	800	–
Clause 27 (2)	800	4,000
Clause 31 (1)	800	4,000
Clause 39	400	2,000
Clause 40	400	2,000
Clause 41	400	2,000
Clause 42	400	2,000
Clause 43	200	–
Clause 47 (1)	800	4,000
Clause 47 (2)	800	4,000
Clause 49 (4)	800	4,000
Clause 52 (3)	800	4,000
Clause 54	800	4,000
Clause 56	800	4,000
Clause 57 (1)	800	4,000
Clause 57 (2)	800	4,000
Clause 58	800	4,000
Clause 59	800	4,000
Clause 60	800	–
Clause 62 (1)	800	4,000
Clause 62 (3)	800	4,000
Clause 63	800	4,000
Clause 64 (1)	800	4,000
Clause 64 (2)	800	4,000
Clause 65 (1)	800	4,000
Clause 65 (2)	800	4,000
Clause 66	800	4,000
Clause 67 (1)	800	4,000
Clause 67 (2)	800	4,000
Clause 68	800	–
Clause 69	400	2,000
Clause 70	400	2,000
Clause 71	400	2,000
Clause 72	400	2,000
Clause 73	260	–
Clause 75 (1):
in the case of large packaging or overpack	400	2,000
in any other case	130	650
Clause 75 (2):
in the case of large packaging or overpack	400	2,000
in any other case	130	650
Clause 75 (3):
in the case of large packaging or overpack	400	2,000
in any other case	130	650
Clause 76 (1):
in the case of large packaging or overpack	400	2,000
in any other case	130	650
Clause 76 (2):
in the case of large packaging or overpack	400	2,000
in any other case	130	650
Clause 76 (3):
in the case of large packaging or overpack	400	2,000
in any other case	130	650
Clause 77 (1):
in the case of large packaging or overpack	400	2,000
in any other case	130	650
Clause 77 (2):
in the case of large packaging or overpack	400	2,000
in any other case	130	650
Clause 77 (3):
in the case of large packaging or overpack	400	2,000
in any other case	130	650
Clause 80 (1)	800	4,000
Clause 80 (2)	800	4,000
Clause 80 (3)	800	4,000
Clause 81 (1)	800	4,000
Clause 81 (2)	800	4,000
Clause 81 (3)	800	4,000
Clause 82 (1)	800	4,000
Clause 82 (2)	800	4,000
Clause 82 (3)	800	4,000
Clause 83 (1)	400	–
Clause 83 (2)	400	–
Clause 83 (3)	400	–
Clause 84	800	4,000
Clause 85	800	4,000
Clause 86	400	2,000
Clause 87	800	4,000
Clause 88	400	–
Clause 90	400	2,000
Clause 91	400	2,000
Clause 92 (1)	400	2,000
Clause 92 (2)	400	2,000
Clause 93	260	–
Clause 95	400	2,000
Clause 96	400	2,000
Clause 97	260	–
Clause 98 (1)	400	2,000
Clause 98 (2)	400	2,000
Clause 99 (1)	400	2,000
Clause 99 (2)	400	2,000
Clause 100 (1)	400	2,000
Clause 100 (2)	400	2,000
Clause 101 (1)	260	–
Clause 101 (2)	260	–
Clause 104	800	4,000
Clause 105	800	4,000
Clause 106	800	4,000
Clause 107	800	4,000
Clause 108	260	–
Clause 110 (3)	800	4,000
Clause 112 (1)	400	2,000
Clause 112 (2)	800	4,000
Clause 113 (1)	400	2,000
Clause 113 (2)	400	2,000
Clause 113 (3)	400	2,000
Clause 114 (1)	400	2,000
Clause 114 (2)	800	4,000
Clause 114 (3)	130	650
Clause 115 (1)	400	2,000
Clause 115 (2)	800	4,000
Clause 115 (3)	130	650
Clause 116	400	2,000
Clause 118 (1)	400	2,000
Clause 119	400	2,000
Clause 120	400	–
Clause 121	800	4,000
Clause 122 (1)	260	1,300
Clause 122 (2)	260	1,300
Clause 123 (1)	260	1,300
Clause 124	400	2,000
Clause 125 (1)	400	2,000
Clause 126 (1)	260	–
Clause 126 (2)	260	–
Clause 127 (2)	260	–
Clause 127 (3)	260	–
Clause 129	260	1,300
Clause 130	400	2,000
Clause 131 (1)	400	2,000
Clause 132 (1)	260	–
Clause 132 (2)	130	–
Clause 132 (3)	260	–
Clause 133 (1)	260	–
Clause 133 (2)	260	–
Clause 135	800	4,000
Clause 136 (1)	800	4,000
Clause 136 (2)	800	4,000
Clause 137 (1)	260	–
Clause 137 (2)	260	–
Clause 138 (2)	130	–
Clause 139 (1)	400	2,000
Clause 139 (2)	400	2,000
Clause 140	400	2,000
Clause 141	130	–
Clause 142	260	–
Clause 143 (2)	800	–
Clause 143 (3)	800	–
Clause 144	800	–
Clause 145	800	–
Clause 146	800	–
Clause 147 (2)	260	–
Clause 148 (2)	260	–
Clause 148 (3)	260	–
Clause 149 (2)	800	4,000
Clause 149 (3)	800	4,000
Clause 150 (2)	400	2,000
Clause 150 (3)	400	2,000
Clause 151 (2)	800	4,000
Clause 151 (3)	800	4,000
Clause 152 (2)	800	4,000
Clause 152 (3)	800	4,000
Clause 153 (2)	400	2,000
Clause 154 (2)	400	2,000
Clause 212 (1)	130	650
Clause 212 (2)	130	650
Clause 212 (3)	130	650
Clause 212 (4)	130	650
Clause 212 (6)	130	650
Clause 214 (2)	130	650
Clause 214 (3)	130	650
Clause 215	130	–
Clause 218	800	–
Clause 222 (2)	130	650
Clause 223 (2)	130	650
Clause 237 (1)	1,200	6,000
Clause 238 (1)	1,200	6,000
Clause 239 (2)	260	1,300

Schedule 2Savings and transitional provisionsPart 1Provisions consequent on enactment of Dangerous Goods (Road and Rail Transport) Act 20081Lawful conduct under previous law(1)

A person does not commit an offence against the Act or this Regulation if, during the transition period, the person transports dangerous goods by road or rail in accordance with the law that regulated the transport of dangerous goods by road or rail and was in force in this jurisdiction immediately before the commencement of the Act.

(2)

Where an exemption or approval that is continued in effect by virtue of this Part does not have an expiry date, it will expire on the fifth anniversary of the commencement of the Act.

(3)

In this clause, transition period means the period commencing on the date of the commencement of the Act and ending on 31 December 2009.

2Continuing effect of certain determinations(1)

This clause applies to a determination (however described) that:

• (a)

  was made under a law that regulated the transport of dangerous goods by road or rail, and

• (b)

  was in force in this jurisdiction immediately before the commencement of the Act, and

• (c)

  is a determination in respect of something that may be determined under a provision (the relevant provision) of any of the following clauses:

  • (i)

    clause 24 (Determinations—dangerous goods and packaging),

  • (ii)

    clause 25 (Determinations—vehicles, routes, areas and times).

(2)

The determination has effect for this Regulation as if it were a determination made by the Competent Authority under the relevant provision.

(3)

Without limiting subclause (1), the Competent Authority may record the determination in the register of determinations kept under clause 29.

(4)

Subclause (3) does not apply to a determination if it was made on the application of a person and applies only to the person.

3Continuing effect of corresponding determinations(1)

This clause applies to a determination (however described) that:

• (a)

  was made under a law regulating the transport of dangerous goods by road or rail made by a jurisdiction that has passed or has indicated that it intends to pass a corresponding law, and

• (b)

  was in force in the State immediately before the commencement of the Act, and

• (c)

  is a determination about something that may be determined under a provision of the law of the other jurisdiction (the corresponding provision) that corresponds to a provision of a clause mentioned in clause 2 (1) (c) of this Schedule.

(2)

Except for circumstances that do not exist in this jurisdiction, the determination has effect for this Regulation as if it were a determination made by a corresponding authority under the corresponding provision.

4Continuing effect of certain exemptions(1)

This clause applies to an exemption (however described) that:

• (a)

  was granted under a law regulating the transport of dangerous goods by road or rail, and

• (b)

  was in force in this State immediately before the commencement of the Act, and

• (c)

  is an exemption from compliance with a provision of that law corresponding to a provision (the relevant provision) of this Regulation.

(2)

The exemption has effect for this Regulation as if it were an exemption granted by the Competent Authority from compliance with the relevant provision.

(3)

Without limiting subclause (2), the Competent Authority may record the exemption in the register of exemptions kept under clause 165.

5Continuing effect of corresponding exemptions(1)

This clause applies to an exemption (however described) that:

• (a)

  was granted under a law regulating the transport of dangerous goods by road or rail made by a jurisdiction that has passed or has indicated that it intends to pass a corresponding law, and

• (b)

  was in force in the other jurisdiction immediately before the commencement of the Act, and

• (c)

  is an exemption from compliance with a provision of the law of the other jurisdiction (the corresponding provision) corresponding to a provision of the Act or this Regulation.

(2)

Except for circumstances that do not exist in this State, the exemption has effect for the Act or this Regulation as if it were an exemption granted by a corresponding authority from compliance with the corresponding provision.

6Continuing effect of certain approvals(1)

This clause applies to an approval (however described) if the approval:

• (a)

  was given under a law regulating the transport of dangerous goods by road, and

• (b)

  was in force in this State immediately before the commencement of the Act, and

• (c)

  is an approval of something that may be approved under a provision (the relevant provision) of any of the following provisions:

  • (i)

    clause 23 (Approvals—tests and training courses for drivers),

  • (ii)

    Division 2 of Part 4 (Suitability and design of packaging),

  • (iii)

    clause 109 (Approvals—Type II segregation devices),

  • (iv)

    clause 110 (Approvals—methods of segregation),

  • (v)

    clause 134 (Approvals—emergency information).

(2)

The approval has effect for this Regulation as if it were an approval given by the Competent Authority under the relevant provision.

(3)

Without limiting subclause (2), the Competent Authority may record the approval in the register of approvals kept under clause 178.

7Continuing effect of corresponding approvals(1)

This Regulation applies to an approval (however described) that:

• (a)

  was given under a law regulating the transport of dangerous goods by road or rail made by a jurisdiction that has passed or has indicated that it intends to pass a corresponding law, and

• (b)

  was in force in the other jurisdiction immediately before the commencement of the Act, and

• (c)

  is an approval of something that may be approved under a provision of the law of the other jurisdiction (the corresponding provision) corresponding to a provision mentioned in clause 6 (1) (c) of this Schedule.

(2)

Except for circumstances that do not exist in this State, the approval has effect for this Regulation as if it were an approval given by a corresponding authority under the corresponding provision.

8Continuing effect of certain licences(1)

This clause applies to a licence (however described) that:

• (a)

  was granted under a law regulating the transport of dangerous goods by road, and

• (b)

  was in force in this State immediately before the commencement of the Act, and

• (c)

  is a licence that may be granted under either of the following provisions (the relevant provision):

  • (i)

    clause 197 (Grant of dangerous goods driver licences),

  • (ii)

    clause 207 (Grant of dangerous goods vehicle licences).

(2)

The licence has effect for this Regulation as if it were a licence granted by the Competent Authority under the relevant provision.

(3)

Without limiting subclause (2), the Competent Authority may record the licence in the relevant register of licences kept under clause 220.

9Continuing effect of corresponding licences(1)

This clause applies to a licence (however described) that:

• (a)

  was granted under a law regulating the transport of dangerous goods by road or rail made by a jurisdiction that has passed or has indicated that it intends to pass a corresponding law, and

• (b)

  was in force in the other jurisdiction immediately before the commencement of the Act, and

• (c)

  is a licence that may be granted under a provision of the law of the other jurisdiction (the corresponding provision) corresponding to a provision mentioned in clause 8 (1) (c) of this Schedule.

(2)

Except for circumstances that do not exist in this State, the licence has effect for this Regulation as if it were a licence granted by a corresponding authority under the corresponding provision.

10References to registers kept under previous law

A reference in any Act or instrument to a register kept under the Road and Rail Transport (Dangerous Goods) Act 1997 is taken to include a reference to the corresponding register kept under the Act.