Dangerous Goods (Road and Rail Transport) Regulations 1998
I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Dangerous Goods Act 1998 .14 December 1998
G. S. M. Green
Governor
By His Excellency’s Command,
P. A. Lennon
Minister for Infrastructure, Energy and Resources
PART 1PreliminaryDivision 1Introductory1Short titleThese regulations may be cited as the Dangerous Goods (Road and Rail Transport) Regulations 1998 . 2CommencementThese regulations take effect on the day on which the Dangerous Goods Act 1998 commences. 3Main objects of regulations [1.3]The main objects of these regulations are – (a) to reduce as far as practicable the risks of personal injury, property damage and environmental harm arising from the transport of dangerous goods by road and rail; and (b) 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 road and rail; and (c) to set out the obligations of people involved in the transport of dangerous goods by road and rail; and (d) to promote consistency between the standards, requirements and procedures applying to the transport of dangerous goods by road and rail and other modes of transport; and (e) to provide that, as far as practicable, the laws of this State governing the transport of dangerous goods by road and rail are consistent with the laws of other Australian jurisdictions on the same matter. Division 2Interpretation4Cross-references to corresponding Commonwealth regulations (1) In these regulations, a decimal number that appears inside square brackets immediately after the headnote to any regulation is the number of the provision of the Road Transport Reform (Dangerous Goods) Regulations of the Commonwealth that corresponds to that regulation. (2) The purpose of showing those numbers is to enable persons who may need to refer to a provision of the ADG Code or any other Code containing a reference to a provision of the Commonwealth Regulations to find the corresponding provision of these regulations. 5Definitions: the dictionary [1.4] (1) The dictionary in Schedule 3 defines particular words and expressions. (2) A relevant definition found elsewhere in these regulations is indicated by a signpost definition in the dictionary but a signpost definition of a word or expression is included only if the definition is used outside the regulation defining the word or expression. (3) A definition outside these regulations that applies particularly to these regulations is also indicated by a signpost definition in the dictionary. (4) A definition in or applying to these regulations applies to words and expressions used in these regulations unless the contrary intention appears. (5) A definition in or applying to these regulations applies to the entire regulations unless the contrary intention appears. 6References to codes, standards and rules [1.5] (1) In this regulation, instrument means a code, standard or rule, whether made in or outside Australia, relating to dangerous goods or to transport, and includes a provision of an instrument. (2) In these regulations, a reference to an instrument includes a reference to another instrument as applied or adopted by, or incorporated in, the first instrument. (3) In these regulations, unless the contrary intention appears, a reference to an instrument is a reference to the instrument as amended from time to time. 7Inconsistency between regulations and codes, &c. [1.6] (1) In this regulation, instrument means a code, standard or rule, whether made in or outside Australia, relating to dangerous goods or to transport. (2) If an instrument is applied or adopted by, or is incorporated in, these regulations and the instrument is inconsistent with these regulations, these regulations prevail to the extent of the inconsistency. 8References to determinations, exemptions, approvals and licences [1.7]In these regulations, a reference to – (a) a determination, exemption, approval, bulk driver licence or bulk vehicle licence; or (b) a corresponding determination, exemption, approval, bulk driver licence or bulk vehicle licence – includes a reference to the determination, exemption, approval or licence as varied. 9References to variation of administrative determinations, &c. [1.8]In these regulations, a reference to the variation of – (a) an administrative determination, exemption, approval, bulk driver licence or bulk vehicle licence; or (b) a corresponding administrative determination, exemption, approval, bulk driver licence or bulk vehicle licence – includes a reference to a variation by addition, omission or substitution. Division 3Application of regulations10Dangerous situations [1.9]These regulations do not apply to the transport of dangerous goods by an authorised officer, or an officer of an emergency service, to the extent necessary to avert, eliminate or minimise a dangerous situation. 11Transport of small quantities [1.10] (1) In this regulation, designated dangerous goods means dangerous goods of Class 1 (except of Class 1.4S and track signals carried for safe working purposes), Class 6.2 or Class 7. (2) These regulations do not apply to the transport by a person of a load of dangerous goods by road or rail if – (a) the goods are packaged dangerous goods; 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) in the case of transport by road, the goods are not being transported by the person for hire or reward; and (e) in the case of transport by rail, the goods are not being transported by the person on a passenger train. 12Short trips after import [1.11] Regulations 52 to 55 and Divisions 5 , 6 and 7 of Part 4 do not apply to the transport of dangerous goods by road or rail if – (a) the goods have been imported into Australia; and (b) the goods are being transported in a closed freight container; and (c) the goods are not leaking from the container; and (d) the goods are being transported directly to a destination that is not more than 50 kilometres by road or rail from the place of import; and (e) the container is placarded in accordance with the IATA Regulations, ICAO Rules or IMDG Code. Division 4Approved forms13Approval and use of forms [1.16] (1) A Competent Authority may approve a form for a provision or purpose of these regulations. (2) The form is to be used for the provision or purpose. 14Requirements for approved forms [1.17] (1) Each approved form is to have a heading that includes the name of these regulations and briefly indicates the purpose of the form. (2) Each kind of approved form is to be numbered using a system that gives forms of that kind a unique number. (3) Each version of a kind of approved form is to be numbered consecutively using a system that gives the version a unique number. Division 5Determinations15Determinations: dangerous goods [1.18]A Competent Authority may determine that – (a) goods are dangerous goods; or (b) goods are not dangerous goods; or (c) goods are dangerous goods of a particular Class; or (d) goods are dangerous goods with a particular Subsidiary Risk; or (e) goods are dangerous goods of a particular Packing Group; or (f) goods are incompatible with particular dangerous goods; or (g) goods are too dangerous to be transported; or (h) goods are too dangerous to be transported in bulk; or (i) goods are too dangerous to be transported on the same combination road vehicle as other goods; or (j) goods are too dangerous to be transported on the same rail wagon as other goods. 16Administrative determinations [1.19]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. 17Conditions of administrative determinations [1.20]An administrative determination may be subject to any condition necessary for the safe transport of dangerous goods by road or rail. 18Register of determinations [1.21] (1) A 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 – (a) each determination made under these regulations that is not an administrative determination; and (b) each determination made by a corresponding Competent Authority that would be a corresponding determination if it were recorded in the register. (4) The Competent Authority must note in the register – (a) the revocation of a determination made under these regulations; and (b) a decision of the Panel reversing a decision that a corresponding determination should have effect in all participating jurisdictions or participating jurisdictions including this jurisdiction. 19Records of determinations [1.22]The record of a determination in the register is to include – (a) the provisions of the determination; or (b) the following information: (i) the title of the Government Gazette of the participating jurisdiction where the determination was notified or published and the date of notification or publication; (ii) the provisions of these regulations, 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. 20References to Panel [1.23] (1) This regulation does not apply to an administrative determination. (2) A Competent Authority must refer a draft determination to the Panel if the Authority considers that the determination should have effect in all participating jurisdictions or participating jurisdictions including this jurisdiction. (3) A Competent Authority must refer to the Panel a determination having effect in this jurisdiction, and one or more other participating jurisdictions, if – (a) the Authority considers that the determination should be revoked or varied; or (b) a corresponding Competent Authority recommends to the Authority in writing that the determination should be revoked or varied. 21Effect of Panel decisions about draft determinations [1.24] (1) This regulation applies if – (a) a draft determination is referred to the Panel under regulation 20(2) ; and (b) the Panel decides that – (i) the draft determination should be made, what the provisions of the determination should be, and that the determination should have effect in all participating jurisdictions or participating jurisdictions including this jurisdiction; or (ii) the determination should not have effect in this participating jurisdiction. (2) A Competent Authority must have regard to the Panel’s decision. 22Effect of Panel decisions about revoking or varying determinations [1.25] (1) This regulation applies if – (a) a determination is referred to the Panel under regulation 20(3) ; and (b) the Panel decides that the determination – (i) should, or should not, be revoked; or (ii) should be varied, whether or not the Panel’s decision is the same as the variation proposed by the Authority, and should have effect as varied in all participating jurisdictions or participating jurisdictions including this jurisdiction; or (iii) should not be varied. (2) A Competent Authority must have regard to the Panel’s decision. 23Inconsistent determinations [1.26] (1) This regulation applies if – (a) the Panel decides that a determination (in this regulation referred to as the "national determination") should have effect in all participating jurisdictions or participating jurisdictions including this jurisdiction; and (b) the national determination is inconsistent with a determination (in this regulation referred to as the "local determination") that only has effect in this jurisdiction. (2) The national determination prevails over the local determination to the extent of the inconsistency. Division 6Provisions about offences generally24Strict liability offences [1.13]An offence created by a provision mentioned in Schedule 1 is an offence of strict liability. 25Deciding whether someone reasonably ought to have known or suspected [1.27]If, in a prosecution for an offence against these regulations, it is material to prove that someone reasonably ought to have known or suspected something, the issue is to be decided having regard to – (a) the person’s abilities, experience, qualifications and training; and (b) the circumstances of the alleged offence. 26Penalties [1.28] (1) This regulation applies to a provision prescribing a penalty for an offence. (2) The penalty is the maximum fine for an individual who is found guilty of the offence. (3) If a body corporate is found guilty of the offence, the maximum fine for the body corporate is 5 times the penalty. Division 7Other matters27Duty to find out whether goods are dangerous goods [1.29] (1) This regulation applies if – (a) a person manufactures goods in Australia or imports goods into Australia; and (b) the goods are not dangerous goods under regulation 31(1)(a) , (b) , (c) or (d) ; and (c) the goods are not goods to which a determination under regulation 15(b) applies; but (d) the person suspects, or reasonably ought to suspect, that the goods satisfy the UN dangerous goods tests and criteria for determining whether goods are dangerous goods. (2) The person must not consign or transport the goods by road or rail unless the person finds out whether the goods satisfy the tests and criteria.Penalty: Fine not exceeding 30 penalty units.
28Competent Authority and authorised officers to act as soon as practicable [1.31]If – (a) a Competent Authority or an authorised officer is required to do something under these regulations; and (b) no time limit is fixed within which the thing must be done – the Authority or officer must do it as soon as practicable. 29Identification cards [1.32]The identification card of an authorised officer is to contain – (a) a recent photograph of the officer; and (b) the name of the officer; and (c) the date of issue of the card; and (d) a date of expiry for the card; and (e) the name of the Competent Authority. PART 2Key conceptsDivision 1Kinds of goods30Goods too dangerous to be transported [2.1]Goods are too dangerous to be transported by road or rail if they are – (a) mentioned in Appendix 5 to the ADG Code; or (b) determined under regulation 15(g) to be too dangerous to be transported by road or rail. 31Dangerous goods [2.2] (1) Goods are dangerous goods if they – (a) are named in a specific entry in column 2 in Appendix 2 to the ADG Code, but not in a generic entry or in an entry where the letters "N.O.S." are shown as part of the proper shipping name for the goods; or (b) satisfy the criteria in column 2 or 9 in the Appendix; or (c) satisfy the criteria in a Special Provision of the ADG Code that is applied by column 7 in the Appendix; or (d) are determined under regulation 15(a) to be dangerous goods; or (e) satisfy the UN dangerous goods tests and criteria for determining whether goods are dangerous goods. (2) However, goods are not dangerous goods if they are determined under regulation 15(b) not to be dangerous goods. 32Classes of dangerous goods [2.3] (1) In these regulations, a reference to – (a) a Class of dangerous goods is a reference to the Class to which the goods are assigned under subregulation (2) ; and (b) a Class by number, or number and letter, is a reference to the number, or number and letter, of the Class to which the goods are assigned. (2) Dangerous goods are assigned to a Class if the goods – (a) are assigned to the Class in column 3 in Appendix 2 to the ADG Code; or (b) are assigned to the Class in a Special Provision of the ADG Code applying to the goods; or (c) satisfy the criteria in column 9 in Appendix 2 to the ADG Code for assignment to the Class; or (d) are determined under regulation 15(c) to be dangerous goods of the Class; or (e) satisfy the UN dangerous goods tests and criteria for assignment to the Class. 33Subsidiary Risk [2.4] (1) In these regulations, a reference to – (a) dangerous goods with a Subsidiary Risk is a reference to the dangerous goods assigned the Subsidiary Risk under subregulation (2) ; and (b) a Subsidiary Risk by number is a reference to the number of the Subsidiary Risk with which the dangerous goods are assigned. (2) Dangerous goods are assigned a Subsidiary Risk if the goods – (a) are assigned the Subsidiary Risk in column 4 in Appendix 2 to the ADG Code; or (b) are assigned the Subsidiary Risk in a Special Provision of the ADG Code applying to the goods; or (c) satisfy the criteria in column 9 in Appendix 2 to the ADG Code for assignment of the Subsidiary Risk; or (d) are determined under regulation 15(d) to be dangerous goods assigned the Subsidiary Risk; or (e) satisfy the UN dangerous goods tests and criteria for assignment to the Subsidiary Risk. 34Packing Groups [2.5] (1) In these regulations, a reference to – (a) a Packing Group of dangerous goods is a reference to the Packing Group to which the goods are assigned under subregulation (2) ; and (b) a Packing Group by number is a reference to the number of the Packing Group to which the goods are assigned. (2) Dangerous goods (except dangerous goods of Class 1, 2 or 7) are assigned to a Packing Group if the goods – (a) are assigned to the Packing Group in column 5 in Appendix 2 to the ADG Code; or (b) are assigned to the Packing Group in a Special Provision of the Code applying to the goods; or (c) satisfy the criteria in column 9 in Appendix 2 to the ADG Code for assignment to the Packing Group; or (d) are determined under regulation 15(e) to be assigned to the Packing Group; or (e) satisfy the UN dangerous goods tests and criteria for assignment to the Packing Group. 35Incompatible goods, &c. [2.6] (1) Dangerous or other goods are incompatible with dangerous goods if – (a) under the ADG Code, the goods are incompatible with the dangerous goods; or (b) the goods are determined under regulation 15(f) 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) However, goods are not to be regarded as incompatible with dangerous goods in a proceeding in which incompatibility is an issue if – (a) the goods are incompatible with the dangerous goods only because of subregulation (1)(a) or (b) ; and (b) it is established in the proceeding that, when the goods are mixed, or otherwise brought into contact, with the dangerous goods, the goods are not likely to interact with the dangerous goods and increase risk because of the interaction. (3) A container is incompatible with dangerous goods if the container is constructed of material that, when the goods are brought into contact with the container, is likely to interact with the goods and increase risk because of the interaction. (4) Transfer equipment for use in the transport of dangerous goods is incompatible with the goods if the equipment is constructed of material that, when the goods are brought into contact with the equipment, is likely to interact with the goods and increase risk because of the interaction. Division 2Packages, packaging and loads36Packages and packaging [2.7] (1) A package of dangerous goods or other goods is the complete product of the packing of the goods for transport by road or rail, and consists of the goods and their packaging. (2) The packaging of the goods is the container in which the goods are received or held for transport by road or rail, and includes anything that enables the container to receive or hold the goods or to be closed. 37Capacity [2.8]The capacity of a container is the total internal volume of the container at a temperature of 15° Celsius expressed in litres or cubic metres. 38What is a load of goods [2.9]All the goods in or on a vehicle are taken to be a single load. 39Aggregate quantity [2.10]The aggregate quantity of dangerous goods in a load is the total of – (a) the number of kilograms of solid dangerous goods and aerosols in the load; and (b) the number of litres or kilograms, whichever is used in the shipping documentation for the load to describe the goods, of liquid dangerous goods in the load (except dangerous goods of Class 2); and (c) the total capacity in litres of containers in the load containing dangerous goods of Class 2 (except aerosols). 40Packaged dangerous goods [2.11]Dangerous goods are packaged dangerous goods if – (a) they are dangerous goods of Class 2 in a container with a capacity of not more than 500 litres; or (b) they are dangerous goods of another Class in – (i) a container with a capacity of not more than 450 litres; and (ii) a container with a net mass of not more than 400 kilograms. 41Dangerous goods in bulk [2.12]Dangerous goods in bulk are dangerous goods that are not packaged dangerous goods. 42Placard loads [2.13] (1) A load of dangerous goods is a placard load if the load contains dangerous goods in bulk. (2) A load of dangerous goods is also a placard load if the load does not contain dangerous goods in bulk, or is not a consumer commodity load, but – (a) the load contains dangerous goods of Class 6.2; or (b) for another load containing dangerous goods of Class 2.1 (except aerosols) or Class 2.3 or dangerous goods of Packing Group I – the aggregate quantity of dangerous goods in the load is at least 250; or (c) for any other load – the aggregate quantity of dangerous goods in the load is at least 1 000. 43Unit loads [2.14]Dangerous goods are in a unit load if the goods are packaged dangerous goods and are – (a) wrapped in plastics, and strapped or otherwise secured to a pallet or other base and to each other, for transport; or (b) placed together in a protective outer container (except a freight container) for transport; or (c) secured together in a sling for transport. Division 3Kinds of containers44Freight containers [2.15]A freight container is a re-useable container of the kind mentioned in Australian/New Zealand Standard AS/NZS 3711 that is designed for repeated use for the transport of goods by one or more modes of transport. 45IBCs [2.16]An IBC (or intermediate bulk container) is a rigid or flexible portable packaging for the transport of dangerous goods 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; and (c) is resistant to the stresses produced in usual handling and transport. 46Bulk containers [2.17] (1) A bulk container is an IBC or another container capable of transporting dangerous goods in bulk. (2) However, a tank that is part of a vehicle is not a bulk container. Division 4Persons with special duties47Vehicle owners [2.18] (1) A person is an owner of a vehicle if the person – (a) is the sole owner, a joint owner or a part owner of the vehicle; or (b) has possession or use of the vehicle under a credit, hire-purchase, lease or other agreement, except an agreement requiring the vehicle to be registered in the name of someone else. (2) A person is the owner of a railway track if the person is responsible, by reason of ownership, control or management, for either or both of the following: (a) the construction and maintenance of the railway track; (b) the construction, operation or maintenance of train control and communication systems used in relation to the railway track. 48Consignors [2.19] (1) A person consigns dangerous or other goods for transport by road or rail, and is the consignor of the goods, if – (a) subregulation (2) applies to the person; or (b) subregulation (2) does not apply to the person or anyone else, but subregulation (3) applies to the person; or (c) subregulations (2) and (3) do not apply to the person or anyone else, but subregulation (4) applies to the person. (2) This subregulation applies to a person who, with the person’s authority, is named or otherwise identified as the consignor of the goods in shipping documentation for the transport of the goods by road or rail. (3) This subregulation applies to a person who – (a) engages a prime contractor, either directly or through an agent or other intermediary, to transport the goods by road or rail; or (b) has possession of, or control over, the goods immediately before the goods are transported by road or rail; or (c) loads a vehicle with the goods, for transport by road or rail, at a place – (i) where dangerous goods in bulk are stored; and (ii) that is unattended, except by the driver of the vehicle, during loading. (4) This subregulation applies to a person if – (a) the goods are imported into Australia; and (b) the person is the importer of the goods. 49Packers [2.20]A person packs dangerous or other goods for transport by road or rail, and is a packer of the goods, if the person – (a) puts the goods in a packaging; or (b) assembles the goods as packaged goods in an outer packaging or unit load for transport by road or rail; 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) . 50Loaders [2.21]A person loads dangerous or other goods for transport by road or rail, and is a loader of the goods, if the person – (a) loads a vehicle with the goods for transport by road or rail; or (b) loads a bulk container, freight container or tank that is part of a vehicle, with the goods for transport by road or rail; or (c) loads a vehicle with a freight container containing the goods for transport by road or rail; or (d) supervises an activity mentioned in paragraph (a) , (b) or (c) ; or (e) manages or controls an activity mentioned in paragraph (a) , (b) , (c) or (d) . 51Prime contractors [2.22] (1) A person is the prime contractor for the transport of dangerous or other goods by road if the person, in conducting a business for or involving the transport of dangerous goods by road, undertakes to be responsible, or is responsible, for the transport of the goods by road. (2) A person is the prime contractor for the transport of dangerous or other goods by rail if the person, in conducting a business for or involving the transport of dangerous goods by rail, undertakes to be responsible, or is responsible for – (a) the transport of the goods by rail; or (b) the condition of the rail wagon transporting the goods by rail. PART 3PackagingDivision 1Packaging duties52Suitability of packaging [3.1]For this Division, packaging is unsuitable for the transport by road or rail of dangerous goods if – (a) the packaging is not approved packaging; or (b) the packaging does not comply with Chapter 3 of the ADG Code. 53Marking packaging [3.2]A person must not mark packaging used, or intended to be used, to transport dangerous goods by road or rail with performance and specification markings required under Division 3.5 of the ADG Code unless the packaging is approved packaging.Penalty: Fine not exceeding 30 penalty units.
54Consignor's duty [3.3]A person must not consign packaged dangerous goods for transport by road or rail in packaging if the person knows, or reasonably ought to know, that the packaging – (a) is unsuitable for the transport of the goods by that means; or (b) is not used in accordance with Chapter 3 of the ADG Code. Penalty: Fine not exceeding 15 penalty units.
55Packer's duty [3.4]A person must not pack dangerous goods for transport by road or rail in packaging if the person knows, or reasonably ought to know, that the packaging – (a) is unsuitable for the transport of the goods by that means; or (b) is not used in accordance with Chapter 3 of the ADG Code. Penalty: Fine not exceeding 15 penalty units.
56Loader's duty [3.5]A person must not load packaged dangerous goods for transport by road or rail in packaging if the person knows, or reasonably ought to know, that the packaging is damaged or defective to the extent that it is not safe to use to transport the goods by that means.Penalty: Fine not exceeding 15 penalty units.
57Prime contractor's duty [3.6]A prime contractor must not transport packaged dangerous goods by road or rail in packaging if the prime contractor knows, or reasonably ought to know, that the packaging is damaged or defective to the extent that it is not safe to use to transport the goods by that means.Penalty: Fine not exceeding 10 penalty units.
58Driver's duty [3.7]A person must not drive a vehicle transporting packaged dangerous goods by road in packaging if the person knows, or reasonably ought 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.Penalty: Fine not exceeding 10 penalty units.
Division 2Approval of packaging design types59Approvals [3.8] (1) A Competent Authority may, on application made in accordance with regulation 195 , approve a packaging design type for use in the transport of dangerous goods by road or rail if – (a) the applicant has carried out the tests required under Chapter 3 of the ADG Code; and (b) the Authority considers that a packaging of that design type would be safe for use in the transport of the goods by that means. (2) The approval of a packaging design type may be subject to any condition necessary for the safe transport of dangerous goods by road or rail in packaging of that design type. 60Recognised testing facilities [3.9]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 Chapter 3 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. 61Test certificates [3.10] (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 is to – (a) contain the details required under Division 3.7 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 is to be observed by or for a Competent Authority; and (b) any test certificate is to contain the details required under Division 3.7 of the ADG Code. Division 3Competent Authority's performance testing powers62Requiring production of packaging for testing [3.11] (1) This regulation applies to a person who – (a) is – (i) a manufacturer of packaging used, or intended to be used, to transport dangerous goods by road or rail; or (ii) the consignor or prime contractor for the transport of packaged dangerous goods by road or rail; and (b) has possession of, or control over, packaging of a design type used, or intended to be used, to transport dangerous goods by road or rail. (2) A Competent Authority may, by written notice, require the person to produce packaging manufactured or used by the person for performance testing. (3) The person must produce the packaging to the Competent Authority, or someone nominated in the notice, within 14 days after the day when the notice is given to the person, unless the person, under an agreement with someone else, delivers the packaging to the other person before the end of that period.Penalty: Fine not exceeding 15 penalty units.
63Requiring evidence of performance tests [3.12] (1) This regulation applies to a person who is – (a) a manufacturer of packaging used, or intended to be used, to transport dangerous goods by road or rail; or (b) the consignor of packaged dangerous goods for the transport by road or rail. (2) A Competent Authority may, by written notice, require the person to produce written evidence that a packaging design type manufactured or used by the person has passed performance tests required under Chapter 3 of the ADG Code. (3) The person must produce the evidence to the Competent Authority within 14 days after the day when the notice is given to the person.Penalty: Fine not exceeding 15 penalty units.
(4) A test certificate under regulation 61 is evidence for this regulation. PART 4Dangerous goods in bulkDivision 1Restrictions on transport of dangerous goods in bulk64Consignor's duty [4.1] (1) A person must not consign dangerous goods for transport by road or rail in bulk if – (a) Chapter 4 of the ADG Code provides that the goods must not be transported in bulk by that means; or (b) the goods are determined under regulation 15(h) to be too dangerous to be transported in bulk. Penalty: Fine not exceeding 30 penalty units.
(2) A person who consigns dangerous goods for transport by road or rail in bulk must comply with Chapter 4 of the ADG Code.Penalty: Fine not exceeding 30 penalty units.
65Prime contractor's duty [4.2] (1) A prime contractor must not transport dangerous goods by road or rail in bulk if – (a) Chapter 4 of the ADG Code provides that the goods must not be transported in bulk by that means; or (b) the goods are determined under regulation 15(h) to be too dangerous to be transported in bulk. Penalty: Fine not exceeding 30 penalty units.
(2) A prime contractor who transports dangerous goods by road or rail in bulk must comply with Chapter 4 of the ADG Code.Penalty: Fine not exceeding 30 penalty units.
66Driver's duty [4.3]A person who drives a vehicle transporting dangerous goods by road in bulk must comply with Chapter 4 of the ADG Code.Penalty: Fine not exceeding 15 penalty units.
Division 2Bulk containers67Consignor's duty [4.4] (1) A person must not consign dangerous goods in bulk for transport by road or rail in a bulk container provided by the person if – (a) the material of which the container is constructed is incompatible with the dangerous goods; or (b) the container is damaged or defective to the extent that it is not safe to use to transport the goods by that means. Penalty: Fine not exceeding 30 penalty units.
(2) A person must not consign dangerous goods in bulk for transport by road or rail in a bulk container provided by someone else if the person knows, or reasonably ought to know, that – (a) the material of which the container is constructed is incompatible with the dangerous goods; or (b) the container is damaged or defective to the extent that it is not safe to use to transport the goods by that means. Penalty: Fine not exceeding 30 penalty units.
(3) A person must not consign dangerous goods for transport by road or rail in a bulk container if the person knows, or reasonably ought to know, that the attachment system does not comply with, or is not used in accordance with, Chapters 4 and 5 of the ADG Code.Penalty: Fine not exceeding 30 penalty units.
(4) In the application of subregulation (3) to rail transport, attachment system means the attachment system between a container and a rail wagon. 68Prime contractor's duty [4.5] (1) A prime contractor must not transport dangerous goods in bulk by road or rail in a bulk container provided by the prime contractor if – (a) the material of which the container is constructed is incompatible with the dangerous goods; or (b) the container is damaged or defective to the extent that it is not safe to use to transport the goods by that means. Penalty: Fine not exceeding 30 penalty units.
(2) A prime contractor must not transport dangerous goods in bulk by road or rail in a bulk container provided by someone else if the prime contractor knows, or reasonably ought to know, that – (a) the material of which the container is constructed is incompatible with the dangerous goods; or (b) the container is damaged or defective to the extent that it is not safe to use to transport the goods by that means. Penalty: Fine not exceeding 30 penalty units.
(3) A prime contractor must not transport dangerous goods by road or rail in a bulk container if the attachment system does not comply with, or is not used in accordance with, Chapters 4 and 5 of the ADG Code.Penalty: Fine not exceeding 30 penalty units.
(4) In the application of subregulation (3) to rail transport, attachment system means the attachment system between a container and a rail wagon. 69Driver's and loader's duty [4.6] (1) A person must not drive a vehicle transporting dangerous goods in bulk by road or rail in a bulk or freight container if the person knows, or reasonably ought to know, that the container is damaged or defective to the extent that it is not safe to use to transport the goods by that means.Penalty: Fine not exceeding 30 penalty units.
(2) A person must not drive a vehicle transporting dangerous goods by road in a bulk container if the person knows, or reasonably ought to know, that the attachment system does not comply with, or is not used in accordance with, Chapters 4 and 5 of the ADG Code.Penalty: Fine not exceeding 30 penalty units.
(3) A person must not load dangerous goods onto a rail wagon in a bulk or freight container unless the attachment system between the container and the rail wagon complies with, and is used in accordance with, Chapters 4 and 5 of the ADG Code.Penalty: Fine not exceeding 30 penalty units.
Division 3Tanks70Manufacturer's duty [4.7] (1) A person must not manufacture a tank designed to transport dangerous goods in bulk by road or rail other than in accordance with a design that is approved under regulation 88 .Penalty: Fine not exceeding 30 penalty units.
(2) A person who manufactures a tank designed to transport dangerous goods in bulk by road or rail must attach a compliance plate to the tank in accordance with Chapter 4 of the ADG Code.Penalty: Fine not exceeding 30 penalty units.
71Compliance plates [4.8]A person must not attach a compliance plate, or something that purports to be a compliance plate, to a tank unless the tank is an approved tank.Penalty: Fine not exceeding 30 penalty units.
72Owner's duty for certain vehicles [4.9]The owner of a vehicle of which a tank forms part, or to which a tank is attached, must not use the vehicle, or permit the vehicle to be used, to transport dangerous goods in bulk in the form of a liquid or gas by road or rail, unless the tank – (a) is an approved tank; and (b) has been maintained, tested and inspected in accordance with Chapter 4 of the ADG Code; and (c) is used in accordance with the approval conditions, if any, specified on the tank’s compliance plate. Penalty: Fine not exceeding 30 penalty units.
73Consignor's duty [4.10] (1) A person must not consign dangerous goods in bulk for transport by road or rail in a tank provided by the person unless the tank – (a) is an approved tank; and (b) has been maintained, tested and inspected in accordance with Chapter 4 of the ADG Code; and (c) is used in accordance with the approval conditions, if any, specified on the tank’s compliance plate. Penalty: Fine not exceeding 30 penalty units.
(2) A person must not consign dangerous goods in bulk for transport by road or rail in a tank provided by someone else if the person knows, or reasonably ought to know, that the tank – (a) is not an approved tank; or (b) has not been maintained, tested and inspected in accordance with Chapter 4 of the ADG Code; or (c) is used other than in accordance with the approval conditions, if any, specified on the tank’s compliance plate. Penalty: Fine not exceeding 30 penalty units.
74Loader's duty [4.11]A person must not load dangerous goods in bulk for transport by road or rail in a tank if the person knows, or reasonably ought to know, that the tank – (a) is not an approved tank; or (b) is used other than in accordance with Chapter 4 of the ADG Code. Penalty: Fine not exceeding 15 penalty units.
75Prime contractor's duty [4.12] (1) A prime contractor must not transport dangerous goods in bulk by road or rail in a tank provided by the prime contractor unless the tank – (a) is an approved tank; and (b) has been maintained, tested and inspected in accordance with Chapter 4 of the ADG Code; and (c) is used in accordance with the approval conditions, if any, specified on the tank’s compliance plate. Penalty: Fine not exceeding 30 penalty units.
(2) A prime contractor must not transport dangerous goods in bulk by road or rail in a tank provided by someone else if the prime contractor knows, or reasonably ought to know, that the tank – (a) is not an approved tank; or (b) has not been maintained, tested and inspected in accordance with Chapter 4 of the ADG Code; or (c) is used other than in accordance with the approval conditions, if any, specified on the tank’s compliance plate. Penalty: Fine not exceeding 30 penalty units.
(3) A prime contractor must not transport dangerous goods in bulk by road or rail in a tank forming part of a vehicle if – (a) the material of which the tank is constructed is incompatible with the dangerous goods; or (b) the tank is damaged or defective to the extent that it is not safe to use to transport the goods by that means. Penalty: Fine not exceeding 30 penalty units.
76Driver's duty [4.13]A person must not drive a vehicle transporting dangerous goods in bulk by road in a tank if the person knows, or reasonably ought to know, that the tank – (a) is not an approved tank; or (b) is used other than in accordance with the approval conditions, if any, specified on the tank’s compliance plate. Penalty: Fine not exceeding 15 penalty units
Division 4Foreign approved tanks77Consignor's duty [4.14] (1) A person must not consign dangerous goods in bulk for transport by road or rail in a foreign approved tank provided by the person if the transport of the goods by that means in the tank is prohibited by a determination under regulation 90(1) .Penalty: Fine not exceeding 30 penalty units.
(2) A person must not consign dangerous goods in bulk for transport by road or rail in a foreign approved tank provided by someone else if the person knows, or reasonably ought to know, that the transport of the goods by that means in the tank is prohibited by a determination under regulation 90(1) .Penalty: Fine not exceeding 30 penalty units.
78Prime contractor's duty [4.15] (1) A prime contractor must not transport dangerous goods in bulk by road or rail in a foreign approved tank provided by the prime contractor if the transport of the goods by that means in the tank is prohibited by a determination under regulation 90(1) .Penalty: Fine not exceeding 30 penalty units.
(2) A prime contractor must not transport dangerous goods in bulk by road or rail in a foreign approved tank provided by someone else if the prime contractor knows, or reasonably ought to know, that the transport of the goods by that means in the tank is prohibited by a determination under regulation 90(1) .Penalty: Fine not exceeding 30 penalty units.
Division 5IBCs79Manufacturer's duty [4.16] (1) A person must not manufacture an IBC other than in accordance with a design that is approved under regulation 89 .Penalty: Fine not exceeding 30 penalty units.
(2) A person who manufactures an IBC must mark the IBC with an IBC marking in accordance with the IBC Supplement.Penalty: Fine not exceeding 30 penalty units.
80IBC markings [4.17]A person must not mark an IBC with an IBC marking, or something that purports to be an IBC marking, unless the IBC is an approved IBC.Penalty: Fine not exceeding 30 penalty units.
81Consignor's duty [4.18] (1) A person must not consign dangerous goods in bulk for transport by road or rail in an IBC provided by the person unless the IBC – (a) is an approved IBC; and (b) is used in accordance with Chapter 4 of the ADG Code and the IBC Supplement. Penalty: Fine not exceeding 30 penalty units.
(2) A person must not consign dangerous goods in bulk for transport by road or rail in an IBC provided by someone else if the person knows, or reasonably ought to know, that the IBC – (a) is not an approved IBC; or (b) is used other than in accordance with Chapter 4 of the ADG Code and the IBC Supplement. Penalty: Fine not exceeding 30 penalty units.
82Loader's duty [4.19]A person must not load dangerous goods in bulk for transport by road or rail in an IBC if the person knows, or reasonably ought to know, that the IBC – (a) is not an approved IBC; or (b) is used other than in accordance with Chapter 4 of the ADG Code and the IBC Supplement. Penalty: Fine not exceeding 15 penalty units.
83Prime contractor's duty [4.20] (1) A prime contractor must not transport dangerous goods in bulk by road or rail in an IBC provided by the prime contractor unless the IBC – (a) is an approved IBC; and (b) is used in accordance with Chapter 4 of the ADG Code and the IBC Supplement. Penalty: Fine not exceeding 30 penalty units.
(2) A prime contractor must not transport dangerous goods in bulk by road in an IBC provided by someone else if the prime contractor knows, or reasonably ought to know, that the IBC – (a) is not an approved IBC; or (b) is used other than in accordance with Chapter 4 of the ADG Code and the IBC Supplement. Penalty: Fine not exceeding 30 penalty units.
84Driver's duty [4.21]A person must not drive a vehicle transporting dangerous goods in bulk by road in an IBC if the person knows, or reasonably ought to know, that the IBC – (a) is not an approved IBC; or (b) is used other than in accordance with Chapter 4 of the ADG Code and the IBC Supplement. Penalty: Fine not exceeding 15 penalty units.
Division 6Foreign approved IBCs85Consignor's duty [4.22] (1) A person must not consign dangerous goods in bulk for transport by road or rail in a foreign approved IBC provided by the person if the transport of the goods by that means in the IBC is prohibited by a determination under regulation 90(2) .Penalty: Fine not exceeding 30 penalty units.
(2) A person must not consign dangerous goods in bulk for transport by road or rail in a foreign approved IBC provided by someone else if the person knows, or reasonably ought to know, that the transport of the goods by that means in the IBC is prohibited by a determination under regulation 90(2) .Penalty: Fine not exceeding 30 penalty units.
86Prime contractor's duty [4.23] (1) A prime contractor must not transport dangerous goods in bulk by road or rail in a foreign approved IBC provided by the prime contractor if the transport of the goods by that means in the IBC is prohibited by a determination under regulation 90(2) .Penalty: Fine not exceeding 30 penalty units.
(2) A prime contractor must not transport dangerous goods in bulk by road or rail in a foreign approved IBC provided by someone else if the prime contractor knows, or reasonably ought to know, that the transport of the goods by that means in the IBC is prohibited by a determination under regulation 90(2) .Penalty: Fine not exceeding 30 penalty units.
Division 7Approval of tank and IBC designs87Applications for approval [4.24]An application for approval of a design for a tank or IBC for use in the transport of dangerous goods in bulk by road or rail is – (a) for a tank – to include the information required under Chapter 4 of the ADG Code; and (b) for an IBC – to include the information required under the IBC Supplement; and (c) if a fee is prescribed for the application – to be accompanied by the prescribed fee. 88Approvals: tank designs [4.25] (1) A Competent Authority may, on application made in accordance with regulations 87 and 195 , approve a design for a tank for use in the transport of dangerous goods in bulk of a particular type by road or rail if – (a) the design complies with Chapter 4 of the ADG Code; or (b) the design does not comply with the Chapter, but the Authority considers that the risk involved in using the tank is not greater than the risk involved in using a tank complying with the Chapter. (2) The approval of the design may be subject to any condition about the construction, use or maintenance of a tank manufactured in accordance with the design necessary for the safe use of the tank. (3) In this regulation, a reference to the design of a tank includes a reference to the design of – (a) the attachment system to any vehicle of which the tank is intended to form a part or to which it is intended to be attached; and (b) the stability characteristics, and other attributes, of the vehicle affecting the suitability of a tank manufactured in accordance with the design to transport the dangerous goods. 89Approvals: IBC designs [4.26] (1) A Competent Authority may, on application made in accordance with regulations 87 and 195 , approve a design for an IBC for use in the transport of dangerous goods in bulk of a particular type by road or rail if the Authority considers that the design complies with the IBC Supplement. (2) The approval of the design may be subject to any condition about the construction, use or maintenance of an IBC manufactured in accordance with the design necessary for the safe use of the IBC. Division 8Determinations90Determinations: foreign approved tanks and IBCs [4.27] (1) A Competent Authority may determine the dangerous goods in bulk that must not be transported by road or rail in a foreign approved tank. (2) A Competent Authority may determine the dangerous goods in bulk that must not be transported by road or rail in a foreign approved IBC. PART 5Freight containers91Consignor's duty [5.1] (1) A person must not consign dangerous goods for transport by road or rail in a freight container provided by the person unless the container complies with Chapter 5 of the ADG Code.Penalty: Fine not exceeding 15 penalty units.
(2) A person must not consign dangerous goods for transport by road or rail in a freight container that is not provided by the person if the person knows, or reasonably ought to know, that the container does not comply with Chapter 5 of the ADG Code.Penalty: Fine not exceeding 15 penalty units.
(3) A person must not consign dangerous goods for transport by road or rail in a freight container if the person knows, or reasonably ought to know, that the attachment system – (a) does not comply with Chapter 5 of the ADG Code; or (b) is used other than in accordance with the Chapter. Penalty: Fine not exceeding 15 penalty units.
92Loader's duty [5.2]A person must not load dangerous goods for transport by road or rail in a freight container if the person knows, or reasonably ought to know, that the container does not comply with Chapter 5 of the ADG Code.Penalty: Fine not exceeding 15 penalty units.
93Prime contractor's duty [5.3] (1) A prime contractor must not transport dangerous goods by road or rail in a freight container provided by the prime contractor unless the container complies with Chapter 5 of the ADG Code.Penalty: Fine not exceeding 30 penalty units.
(2) A prime contractor must not transport dangerous goods by road or rail in a freight container that is not provided by the prime contractor if the prime contractor knows, or reasonably ought to know, that the container does not comply with Chapter 5 of the ADG Code.Penalty: Fine not exceeding 30 penalty units.
(3) A prime contractor must not transport dangerous goods by road in a freight container unless the attachment system – (a) complies with Chapter 5 of the ADG Code; and (b) is used in accordance with the Chapter. Penalty: Fine not exceeding 30 penalty units.
(4) In the application of subregulation (3) to rail transport, attachment system means the attachment system between a container and a rail wagon. 94Driver's duty [5.4]A person must not drive a vehicle transporting dangerous goods by road in a freight container unless the container is attached to the vehicle in accordance with Chapter 5 of the ADG Code.Penalty: Fine not exceeding 15 penalty units.
PART 6Unit loads95Consignor's duty [6.1]A person must not consign packaged dangerous goods for transport by road or rail in a unit load unless – (a) the packages can safely be transported by that means in the unit load; and (b) if Chapter 6 of the ADG Code requires a Competent Authority’s approval for the transport by that means of the unit load – the unit load is prepared in accordance with a method approved under regulation 99(1) ; and (c) the unit load otherwise complies with the Chapter. Penalty: Fine not exceeding 15 penalty units.
96Loader's duty [6.2]A person must not load packaged dangerous goods for transport by road or rail in a unit load if the person knows, or reasonably ought to know, that – (a) the packages cannot safely be transported by that means in the unit load; or (b) if Chapter 6 of the ADG Code requires a Competent Authority’s approval for the transport by that means of the unit load – the unit load is not prepared in accordance with a method approved under regulation 99(1) ; or (c) the unit load does not otherwise comply with the Chapter. Penalty: Fine not exceeding 15 penalty units.
97Prime contractor's duty [6.3]A prime contractor must not transport packaged dangerous goods by road or rail in a unit load if the prime contractor knows, or reasonably ought to know, that – (a) the packages cannot safely be transported by that means in the unit load; or (b) the unit load does not comply with Chapter 6 of the ADG Code. Penalty: Fine not exceeding 15 penalty units.
98Driver's duty [6.4]A person must not drive a vehicle transporting packaged dangerous goods by road in a unit load if the person knows, or reasonably ought to know, that – (a) the packages cannot safely be transported by road in the unit load; or (b) the unit load does not comply with Chapter 6 of the ADG Code. Penalty: Fine not exceeding 15 penalty units.
99Approvals: unit loads [6.5] (1) A Competent Authority may, on application made in accordance with regulation 195 , approve a method of preparing a unit load of dangerous goods for transport by road or rail that does not comply with Chapter 6 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 Chapter. (2) The approval of a method of preparing a unit load of dangerous goods for transport by road or rail may be subject to any condition necessary for the safe transport of the dangerous goods using the method. PART 7Marking and placardingDivision 1Marking packages and unit loads100Application of Division [7.1]This Division does not apply to the transport of dangerous goods by road or rail if – (a) the goods have been imported into, or are to be exported from, Australia; and (b) the goods are being transported in a closed freight container; and (c) the goods are not leaking from the container; and (d) the goods are being transported directly – (i) for imported goods – from the place of import; and (ii) for goods for export – to the place of export; and (e) the container is placarded in accordance with the IATA Regulations, ICAO Rules or IMDG Code. 101Meaning of "appropriately marked" [7.2]For this Division, a package or unit load is appropriately marked if the package or unit load is marked in accordance with Chapter 7 of the ADG Code. 102Consignor's duty [7.3] (1) A person must not consign dangerous goods for transport by road or rail in a package or unit load unless the package or unit load is appropriately marked.Penalty: For a –
(a) package – fine not exceeding 5 penalty units; (b) unit load – fine not exceeding 15 penalty units. (2) A person must not consign dangerous goods for transport by road or rail in a package or unit load if a marking on the package or unit load about its contents is false or misleading in a material particular.Penalty: For a –
(a) package – fine not exceeding 5 penalty units; (b) unit load – fine not exceeding 15 penalty units. (3) A person must not consign goods for transport by road or rail in a package or unit load that does not contain dangerous goods but is marked as if it contained dangerous goods.Penalty: For a –
(a) package – fine not exceeding 5 penalty units; (b) unit load – fine not exceeding 15 penalty units. 103Packer's duty [7.4] (1) A person must not pack dangerous goods for transport by road or rail in a package or unit load if the person knows, or reasonably ought to know, that the packaging will not be appropriately marked when the goods are transported.Penalty: For a –
(a) package – fine not exceeding 5 penalty units; (b) unit load – fine not exceeding 15 penalty units. (2) A person who packs dangerous goods for transport by road or rail must not mark a package or unit load with a marking about its contents that the person knows, or reasonably ought to know, is false or misleading in a material particular.Penalty: For a –
(a) package – fine not exceeding 5 penalty units; (b) unit load – fine not exceeding 15 penalty units. (3) A person who packs goods for transport by road or rail must not mark a package or unit load that the person knows, or reasonably ought to know, does not contain dangerous goods as if it contained dangerous goods.Penalty: For a –
(a) package – fine not exceeding 5 penalty units; (b) unit load – fine not exceeding 15 penalty units. 104Prime contractor's duty [7.5] (1) A prime contractor must not transport goods by road or rail in a package or unit load if the prime contractor knows, or reasonably ought to know, that – (a) the goods are dangerous goods; and (b) the package or unit load is not appropriately marked. Penalty: For a –
(a) package – fine not exceeding 5 penalty units; (b) unit load – fine not exceeding 15 penalty units. (2) A prime contractor must not transport dangerous goods by road or rail in a package or unit load if the prime contractor knows, or reasonably ought to know, that a marking on the package or unit load about its contents is false or misleading in a material particular.Penalty: For a –
(a) package – fine not exceeding 5 penalty units; (b) unit load – fine not exceeding 15 penalty units. (3) A prime contractor must not transport goods by road or rail in a package or unit load if the prime contractor knows, or reasonably ought to know, that the package or unit load does not contain dangerous goods but is marked as if it contained dangerous goods.Penalty: For a –
(a) package – fine not exceeding 5 penalty units; (b) unit load – fine not exceeding 15 penalty units. Division 2Placarding105Meaning of "appropriately placarded", &c. [7.6] (1) For this Division – (a) a person placards a load of goods if the person placards a bulk or freight container in which, or a vehicle in or on which, the goods are being, or are to be, transported by road or rail; and (b) the placarding of a load of goods includes the placarding of a bulk or freight container in which, and the vehicle in or on which, the goods are being, or are to be, transported by road or rail. (2) For this Division, a placard load of dangerous goods is appropriately placarded if the bulk or freight container in which, and the vehicle in or on which, the goods are being, or are to be, transported by road or rail are placarded in accordance with Chapter 7 of the ADG Code. 106Consignor's duty [7.7] (1) A person must not consign a placard load of dangerous goods for transport by road or rail unless the load is appropriately placarded.Penalty: Fine not exceeding 30 penalty units.
(2) A person must not consign a placard load of dangerous goods for transport by road or rail if the placarding of the load is false or misleading in a material particular.Penalty: Fine not exceeding 30 penalty units.
(3) A person must not consign goods for transport by road or rail in a load that does not contain dangerous goods but is placarded as if it were a placard load.Penalty: Fine not exceeding 30 penalty units.
107Loader's duty [7.8] (1) A person who loads dangerous goods for transport by road or rail must appropriately placard the load if the person knows, or reasonably ought to know, that the goods are a placard load and require placarding.Penalty: Fine not exceeding 30 penalty units.
(2) A person who loads a placard load of dangerous goods for transport by road or rail must not placard the load with placarding that the person knows, or reasonably ought to know, is false or misleading in a material particular.Penalty: Fine not exceeding 30 penalty units.
(3) A person who loads goods for transport by road or rail must not placard the load if the person knows, or reasonably ought to know, that the load does not contain dangerous goods.Penalty: Fine not exceeding 30 penalty units.
108Prime contractor's duty [7.9] (1) A prime contractor must not transport dangerous goods by road or rail if the prime contractor knows, or reasonably ought to know, that – (a) the goods are a placard load; and (b) the load is not appropriately placarded. Penalty: Fine not exceeding 30 penalty units.
(2) A prime contractor must not transport a placard load of dangerous goods by road or rail if the prime contractor knows, or reasonably ought to know, that the placarding of the load is false or misleading in a material particular.Penalty: Fine not exceeding 30 penalty units.
(3) A prime contractor must not transport goods by road or rail in a load if the prime contractor knows, or reasonably ought to know, that the load does not contain dangerous goods but is placarded as if it were a placard load.Penalty: Fine not exceeding 30 penalty units.
109Driver's duty [7.10] (1) A person must not drive a vehicle transporting dangerous goods by road 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. Penalty: Fine not exceeding 30 penalty units.
(2) A person must not drive a vehicle transporting a placard load of dangerous goods by road if the person knows, or reasonably ought to know, that the placarding of the load is false or misleading in a material particular.Penalty: Fine not exceeding 30 penalty units.
(3) A person must not drive a vehicle transporting goods by road in a load if the person knows, or reasonably ought to know, that the load does not contain dangerous goods but is placarded as if it were a placard load.Penalty: Fine not exceeding 30 penalty units.
PART 8Vehicles and transport of explosivesDivision 1Safety standards110Owner's duty [8.1]The owner of a vehicle must not use the vehicle, or permit it to be used, to transport dangerous goods by road or rail unless the vehicle and its equipment comply with Chapter 8 of the ADG Code.Penalty: Fine not exceeding 30 penalty units.
111Consignor's duty [8.2]A person must not consign dangerous goods for transport by road or rail on a vehicle if the person knows, or reasonably ought to know, that the vehicle or its equipment does not comply with Chapter 8 of the ADG Code.Penalty: Fine not exceeding 30 penalty units.
112Prime contractor's duty [8.3]A prime contractor must not use a vehicle to transport dangerous goods by road or rail unless the vehicle and its equipment comply with Chapter 8 of the ADG Code.Penalty: Fine not exceeding 30 penalty units.
113Driver's duty [8.4]A person must not drive a vehicle transporting dangerous goods by road if the person knows, or reasonably ought to know, that the vehicle or its equipment does not comply with Chapter 8 of the ADG Code.Penalty: Fine not exceeding 30 penalty units.
114Loader's dutyA person must not load dangerous goods for transport by rail on a rail wagon if the person knows, or reasonably ought to know, that the rail wagon or its equipment does not comply with Chapter 8 of the ADG Code.Penalty: Fine not exceeding 30 penalty units.
115Dangerous goods on public passenger vehicles (1) In this regulation, public passenger vehicle means a motor vehicle that is used to carry passengers for reward. (2) A person must not carry dangerous goods on a public passenger vehicle when it is carrying passengers except – (a) LPG in accordance with AS1596; or (b) dangerous goods of the class mentioned in column 1, and the Packing Group mentioned in column 2, of table 1.1 of the ADG Code in quantities below those mentioned in column 4 of the table. Penalty: Fine not exceeding 30 penalty units.
(3) For the purposes of this regulation, dangerous goods are taken to be carried on a public passenger vehicle if the dangerous goods are carried on a trailer being towed by the vehicle. 116Dangerous goods tankers not to use Tasman Bridge at certain times (1) In this regulation, tanker means a vehicle that is fitted or loaded with one or more tanks for the transport by road of gas or liquids in bulk, whether or not the vehicle is specially constructed for that purpose. (2) A person must not drive a tanker transporting a Class 2 flammable gas or Class 3 flammable gas on the Tasman Bridge on Monday to Friday inclusive, between the hours of – (a) 7 a.m and 9.30 a.m; or (b) 4 p.m and 7.00 p.m. Penalty: Fine not exceeding 30 penalty units.
Division 2Vehicle insurance117Owner's duty [8.5] (1) The owner of a vehicle must not use the vehicle, or permit it to be used, to transport a placard load of dangerous goods by road unless the vehicle is insured, or the owner is otherwise indemnified, in accordance with Chapter 8 of the ADG Code.Penalty: Fine not exceeding 30 penalty units.
(2) For the purposes of this regulation, a person’s policy of insurance or form of indemnity may be taken to be in accordance with Chapter 8 of the ADG Code notwithstanding that it does not insure or indemnify the person for pure economic loss. 118Prime contractor's duty [8.6] (1) A prime contractor must not use a vehicle to transport a placard load of dangerous goods by road unless the vehicle is insured, or the prime contractor is otherwise indemnified, in accordance with Chapter 8 of the ADG Code.Penalty: Fine not exceeding 30 penalty units.
(2) For the purposes of this regulation, a person’s policy of insurance or form of indemnity may be taken to be in accordance with Chapter 8 of the ADG Code notwithstanding that it does not insure or indemnify the person for pure economic loss. 119Requiring evidence of insurance, &c. [8.7] (1) This regulation applies to – (a) a person who is the owner of a vehicle used to transport placard loads of dangerous goods by road; and (b) a person who is a prime contractor responsible for the condition of the vehicle. (2) A Competent Authority may, by written notice, require the person to produce written evidence that the vehicle is insured, or the person is otherwise indemnified, in accordance with Chapter 8 of the ADG Code. (3) The person must produce the evidence to the Competent Authority within 14 days after the day when the notice is given to the person.Penalty: Fine not exceeding 10 penalty units.
Division 3Transport of explosives120Transport of explosives (1) A person must not transport or otherwise handle explosives contrary to the AE Code or ADG Code.Penalty: Fine not exceeding 30 penalty units.
(2) A person must not transport any explosives in a vehicle that does not comply with the AE Code.Penalty: Fine not exceeding 30 penalty units.
(3) A person transporting or otherwise handling explosives must do so with all due diligence and without unnecessary delay.Penalty: Fine not exceeding 30 penalty units.
(4) An authorised officer who is reasonably of the opinion that a vehicle does not comply with the AE Code may direct that no explosives are to be loaded in or on that vehicle. (5) A person must not load explosives in or on a vehicle contrary to a direction given by an authorised officer under subregulation (4) .Penalty: Fine not exceeding 30 penalty units.
PART 9Segregation, separation and stowageDivision 1Application of Part121Application [9.1] (1) This Part applies to dangerous goods if the goods are being, or are to be, transported by road or rail in a placard load. (2) This Part also applies to dangerous goods of Class 2.3, 6 or 8 if the goods are being, or are to be, transported by road or rail in a load with food or food packaging. Division 2Segregation of incompatible goods122Loads on combination road vehicles or rail wagons [9.2] (1) If dangerous and incompatible goods are transported on separate vehicles forming part of a combination road vehicle, the goods are taken to be segregated in accordance with Chapter 9 of the ADG Code. (2) If dangerous goods and incompatible goods are being transported – (a) in separate closed freight containers or bulk containers on a rail wagon; or (b) on separate load platforms or in separate wells of an articulated rail wagon – the goods are taken to be segregated in accordance with Chapter 9 of the ADG Code. (3) However, the goods are not taken to be segregated in accordance with Chapter 9 if, under the Chapter or a determination under regulation 15(i) , the goods are too dangerous to be transported on the same combination road vehicle or rail wagon as other goods transported on the vehicle or rail wagon. 123Exception for certain goods for driver's personal use [9.3] (1) In this regulation, permitted goods means – (a) a fire-risk substance; or (b) food or food packaging. (2) Despite regulations 124 , 125 , 126 and 127 , permitted goods may be transported by road on a vehicle with incompatible goods if the permitted goods are in the vehicle’s cabin for the driver’s personal use. 124Consignor's duty [9.4]A person must not consign dangerous goods for transport on a vehicle if the person knows, or reasonably ought to know, that – (a) the vehicle will also be transporting incompatible goods; and (b) the dangerous goods will not be segregated from the incompatible goods in accordance with – (i) Chapter 9 of the ADG Code; or (ii) an approval under regulation 128 . Penalty: Fine not exceeding 30 penalty units.
125Loader's duty [9.5]A person must not load dangerous goods for transport on a vehicle or in a freight container if the person knows, or reasonably ought to know, that – (a) the vehicle or container will also be transporting incompatible goods; and (b) the dangerous goods will not be segregated from the incompatible goods in accordance with – (i) Chapter 9 of the ADG Code; or (ii) an approval under regulation 128 . Penalty: Fine not exceeding 30 penalty units.
126Prime contractor's duty [9.6]A prime contractor must not use a vehicle to transport dangerous goods if – (a) the vehicle is also transporting incompatible goods; and (b) the dangerous goods are not segregated from the incompatible goods in accordance with – (i) Chapter 9 of the ADG Code; or (ii) an approval under regulation 128 . Penalty: Fine not exceeding 30 penalty units.
127Driver's duty [9.7]A person must not drive a vehicle transporting dangerous goods by road if the person knows, or reasonably ought to know, that – (a) the vehicle is also transporting incompatible goods; and (b) the dangerous goods are not segregated from the incompatible goods in accordance with – (i) Chapter 9 of the ADG Code; or (ii) an approval under regulation 128 . Penalty: Fine not exceeding 10 penalty units.
128Approvals: segregation [9.8] (1) A Competent Authority may, on application made in accordance with regulation 195 , approve a segregation device, or a method of segregation, not complying with Chapter 9 of the ADG Code for transporting dangerous and incompatible goods by road or rail, if the Authority considers that – (a) it is impracticable to segregate the goods by a segregation device, or method of segregation, complying with the Chapter; and (b) the risk involved in using the device or method to transport the goods by road or rail is not greater than the risk involved in using a device or method complying with the Chapter to transport the goods. (2) The approval of a device or method may be subject to any condition necessary for the safe transport of dangerous goods using the device or method. Division 3Stowage, separation and marshalling129Consignor's duty [9.9]A person must not consign dangerous goods for transport by road or rail on a vehicle if the person knows, or reasonably ought to know, that the goods are not stowed in accordance with Chapter 9 of the ADG Code.Penalty: Fine not exceeding 15 penalty units.
130Loader's duty [9.10] (1) A person must not load dangerous goods on a vehicle for transport by road or rail if the person knows, or reasonably ought to know, that the goods are not stowed in accordance with Chapter 9 of the ADG Code.Penalty: Fine not exceeding 15 penalty units.
(2) A person must not load dangerous goods on a train if the person knows, or reasonably ought to know, that the rail wagons in the train have not been marshalled in accordance with – (a) Chapter 9 of the ADG Code; or (b) an approval under regulation 134 . Penalty: Fine not exceeding 15 penalty units.
131Prime contractor's duty [9.11] (1) A prime contractor must not transport dangerous goods by road on a vehicle if the prime contractor knows, or reasonably ought to know, that the goods are not stowed on the vehicle in accordance with Chapter 9 of the ADG Code.Penalty: Fine not exceeding 15 penalty units.
(2) A prime contractor must not transport dangerous goods by rail if the prime contractor knows, or reasonably ought to know, that the rail wagons comprising the train being used for the transport have not been marshalled in accordance with – (a) Chapter 9 of the ADG Code; or (b) an approval under regulation 134 . Penalty: Fine not exceeding 15 penalty units.
(3) A prime contractor must not transport goods on a train with other goods if the operator knows, or reasonably ought to know, that the dangerous goods – (a) are incompatible with the other goods; and (b) have not been separated by the minimum distances specified for the goods in accordance with – (i) Chapter 9 of the ADG Code; or (ii) an approval under regulation 134 . Penalty: Fine not exceeding 15 penalty units.
(4) A prime contractor must not transport a quantity of dangerous goods of a particular type on a passenger train if – (a) the prime contractor knows, or reasonably ought to know, that the quantity exceeds the quantity of dangerous goods of that type that may be transported on a passenger train in accordance with Chapter 9 of the ADG Code; and (b) the goods are not being transported in a part of the train used solely for the carriage of baggage, parcels or freight. Penalty: Fine not exceeding 15 penalty units.
132Driver's duty [9.12]A person must not drive a vehicle transporting dangerous goods by road if the person knows, or reasonably ought to know, that the goods are not stowed on the vehicle in accordance with Chapter 9 of the ADG Code.Penalty: Fine not exceeding 10 penalty units.
133Passenger's dutyA passenger on a train must not transport dangerous goods of a particular type – (a) in a part of the train to which other passengers have access unless – (i) the transport of the dangerous goods has been authorised by the prime contractor; and (ii) it is reasonably necessary for the passenger to use the goods while he or she is on the train; or (b) in a part of the train used solely for the carriage of baggage, parcels or freight, unless – (i) the quantity does not exceed the quantity of dangerous goods of the type that may be transported in a passenger train in accordance with Chapter 9 of the ADG Code; or (ii) the transport of the goods has been authorised by the prime contractor. Penalty: Fine not exceeding 10 penalty units.
134Approvals: separation and marshalling (1) A Competent Authority may, on application made in accordance with regulation 195 , approve a method of achieving separation or a method of marshalling, not complying with Chapter 9 of the ADG Code for transporting dangerous and incompatible goods by rail, if the Authority considers that – (a) it is impracticable to separate the goods or marshal rail wagons by a method of separation or marshalling complying with the Chapter; and (b) the risk involved in using the device or method to transport the goods by road or rail is not greater than the risk involved in using a device or method complying with the Chapter to transport the goods. (2) The approval of a method may be subject to any condition necessary for the safe transport of dangerous goods using the method. PART 10Transfer of dangerous goods in bulkDivision 1Filling ratio and ullage135Transferor's duty [10.1] (1) This regulation applies to a transfer of dangerous goods if the transfer is made – (a) in the transport of the goods by road or rail in bulk; and (b) to or from a tank, or bulk container, on a vehicle. (2) A person who transfers dangerous goods must ensure, as far as practicable, that – (a) for Class 2 dangerous goods not in the form of a refrigerated liquid – the quantity of the goods in the tank or container to which the goods are transferred does not exceed the maximum permitted filling ratio under Chapter 10 of the ADG Code; and (b) in any other case – the ullage in the tank or container complies with the Chapter. Penalty: Fine not exceeding 15 penalty units.
136Prime contractor's duty [10.2]A prime contractor must not use a vehicle to transport dangerous goods by road or rail in a tank or bulk container if the prime contractor knows, or reasonably ought to know, that – (a) for Class 2 dangerous goods not in the form of a refrigerated liquid – the quantity of the goods in the tank or container exceeds the maximum permitted filling ratio under Chapter 10 of the ADG Code; or (b) in any other case – the ullage in the tank or container does not comply with the Chapter. Penalty: Fine not exceeding 15 penalty units.
137Driver's duty [10.3]A person must not drive a vehicle transporting dangerous goods by road in a tank or bulk container if the person knows, or reasonably ought to know, that – (a) for Class 2 dangerous goods not in the form of a refrigerated liquid – the quantity of goods in the tank or container exceeds the maximum permitted filling ratio under Chapter 10 of the ADG Code; or (b) in any other case – the ullage in the tank or container does not comply with the Chapter. Penalty: Fine not exceeding 15 penalty units.
Division 2Transfer138Application [10.4]This Division applies to a transfer of dangerous goods if the transfer is made – (a) in the transport of the goods by road or rail in bulk; and (b) to or from a tank, or bulk container, on a vehicle.