Dangerous Goods (Road Transport) Regulation 2010 (ACT)
Dangerous Goods (Road Transport) Regulation 2010
SL2010-12
made under the
Dangerous Goods (Road Transport) Act 2009
Republication No 7
Effective: 27 February 2025
Republication date: 27 February 2025
Last amendment made by A2025‑1
About this republication
The republished law
This is a republication of the Dangerous Goods (Road Transport) Regulation 2010, made under the Dangerous Goods (Road Transport) Act 2009 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 27 February 2025. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 27 February 2025.
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">
authorised republications to which the Legislation Act 2001 applies
unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( For more information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).
Dangerous Goods (Road Transport) Regulation 2010
made under the
Dangerous Goods (Road Transport) Act 2009
Contents
Page
Chapter 1 Preliminary
Part 1.1 Introduction
1 Name of regulation 2
3 Dictionary 2
4 Notes 2
5Offences against regulation—application of Criminal Code etc 3
6 Objects of regulation 3
7 Application of regulation—exemptions 4
8 Special provisions for tools of trade and dangerous goods for private use 6
Part 1.2 Interpretation
Division 1.2.1 Key concepts
9 Dangerous goods—Act, dict 8
10 Goods too dangerous to be transported—Act, dict 9
11 UN classes, divisions and categories of dangerous goods 9
12 Subsidiary hazard 10
13 Packing group 10
14 Incompatibility 11
Division 1.2.2 Other important concepts
15 Meaning of packaging—Act, s 11 12
16 Meaning of bulk container 12
17 Meaning of intermediate bulk container (or IBC) 14
18 Meaning of multiple-element gas container (or MEGC) 14
19 Meaning of dangerous goods packed in limited quantities 15
19A Meaning of packed in excepted quantities 15
20 Meaning of tank 15
21 References to loads 16
Division 1.2.3 Certain references and inconsistency between regulation and codes etc
22 References to codes, standards and rules 16
23Disapplication of Legislation Act, s 47 (5) 16
24 Inconsistency between this regulation and codes etc 17
25 References to determinations, exemptions, approvals and licences 17
26 References to variation of determinations etc 17
Chapter 2 Training and competency
27 Offence—instruction and training 19
28 Approvals—tests and training courses for drivers 20
Chapter 3 Determinations
29 Determinations—dangerous goods and packaging 21
30 Determinations—vehicles, routes, areas and times 22
31 Administrative determinations 22
32 Determination may be subject to conditions 23
33 Offence—contravention of determination condition 23
34 Effect of determinations on contrary obligations under regulation 23
35 Register of determinations 24
36 Records of determinations 24
37 Offences—doing of thing prohibited or regulated by determination 25
Chapter 4 Transport of dangerous goods to which special provisions apply
38 Application—ch 4 26
39 Offence—consignor—special provision applies 26
40 Offence—packer—special provision applies 27
41 Offence—loader—special provision applies 27
42 Offence—prime contractor—special provision applies 27
43 Offence—driver—special provision applies 28
Chapter 5 Packaging
Part 5.1 Packaging—general
44 Packing of dangerous goods in limited or excepted quantities 29
45 References to ADG code, pt 4 include dangerous goods list requirements 29
Part 5.2 Suitability and design of packaging
46 Meaning of recognised testing facility—pt 5.2 30
47 Suitability of packaging for transport 30
48 Offences—marking packaging 31
49 Applications for approval of packaging design 32
50 Approvals—packaging designs 32
51 Offence—contravention of condition about approval of packaging design 33
52 Test certificates 34
53 Approvals—overpack preparation method 34
54 Offence—contravention of condition about overpack’s use 34
55 Authorised body may issue approvals 35
Chapter 6 Offences
Part 6.1 Goods suspected of being dangerous goods
56 Offence—goods suspected of being dangerous goods 37
Part 6.2 Prohibition on the sale or supply of non-compliant packaging
57 Offence—sell or supply non-compliant packaging 37
Part 6.3 Offences—general packaging
58 Meaning of general packaging—pt 6.3 39
59 Offence—consign dangerous goods—unsuitable general packaging or goods not packed properly 39
60 Offence—pack dangerous goods—unsuitable general packaging or goods not packed properly 40
61 Offence—load dangerous goods—damaged or defective packaging 40
62 Offence—prime contractor transports dangerous goods—damaged or defective packaging 41
63 Offence—drive vehicle transporting dangerous goods—damaged or defective packaging 41
Part 6.4 Offences—other packaging
64 Meaning of other packaging—pt 6.4 42
65 Offences—manufacturer fails to attach compliance plate etc to portable tank, MEGC or tank vehicle 42
66 Offence—owner uses unsuitable tank or MEGC to transport dangerous goods 43
67 Offences—consign dangerous goods—unsuitable other packaging or goods not packed properly 43
68 Offence—pack dangerous goods—unsuitable other packaging or goods not packed properly 44
69 Offence—load dangerous goods—unsuitable other packaging 45
70 Offences—prime contractor transports dangerous goods—unsuitable other packaging or goods not packed properly 45
71 Offence—drive vehicle transporting dangerous goods—unsuitable other packaging or goods not packed properly 47
Part 6.5 Offences—overpacks
72 Offence—consign dangerous goods in non-compliant overpack 48
73 Offence—pack dangerous goods—non-compliant packing or preparation of overpack 48
74 Offence—load dangerous goods—non-compliant preparation of overpack 49
75 Offence—prime contractor transports dangerous goods—non-compliant preparation of overpack 49
76 Offence—drive vehicle transporting dangerous goods—non-compliant preparation of overpack 50
Chapter 7 Consignment procedures
Part 7.1 Marking and labelling
77 Meaning of appropriately marked—pt 7.1 51
78 Offences—consign dangerous goods—package inappropriately marked or labelled 51
79 Offence—consign goods—package marked or labelled as if contains dangerous goods 52
80 Offences—pack dangerous goods—package inappropriately marked or labelled 53
81 Offence—pack dangerous goods—mark or label as if contains dangerous goods 54
82 Offences—prime contractor transports dangerous goods—package inappropriately marked or labelled 54
83 Offence—prime contractor transports goods—package marked or labelled as if contains dangerous goods 55
Part 7.2 Placarding
84 Meaning of placards and appropriately placarded—pt 7.2 56
85 When load must be placarded 56
86 Offences—consign placard load—load inappropriately placarded 58
87 Offences—consign goods—cargo transport unit inappropriately placarded 59
88 Offences—load placard load—load inappropriately placarded 60
89 Offences—load goods—load inappropriately placarded 60
90 Offences—prime contractor—placard load inappropriately placarded 61
91 Offence—prime contractor—cargo transport unit inappropriately placarded 62
92 Offences—driver—placard load inappropriately placarded 63
93 Offence—driver—cargo transport unit inappropriately placarded 64
Chapter 8 Safety standards—vehicles and equipment
94 Offence—owner—non-compliance with safety standards 65
95 Offence—consignor—non-compliance with safety standards 65
96 Offence—loader—non-compliance with safety standards 66
97 Offence—prime contractor—non-compliance with safety standards 66
98 Offence—driver—non-compliance with safety standards 66
Chapter 9 Transport operations—certain dangerous goods
Part 9.1 Self‑reactive substances, organic peroxides and certain other substances
99 Application—pt 9.1 67
100 Offence—consignor—non-compliance with ADG code 67
101 Offence—loader—non-compliance with ADG code 68
102 Offences—prime contractor—non-compliance with ADG code 68
103 Offence—driver—non-compliance with ADG code 69
Part 9.2 Goods too dangerous to be transported
104 Offence—loader—goods too dangerous to be transported 70
105 Offence—prime contractor—goods too dangerous to be transported 70
106 Offence—driver—goods too dangerous to be transported 70
Part 9.3 Nominally empty storage vessels
106A Meaning of nominally empty storage vessel—pt 9.3 71
106B Offence—consignor—nominally empty storage vessel 71
106C Offence—loader—nominally empty storage vessel 71
106D Offence—prime contractor—nominally empty storage vessel 72
106E Offence—driver—nominally empty storage vessel 72
Chapter 10Stowage, loading and restraint
107 Offences—consignor—unlawful stowage, loading and restraint 73
108 Offences—loader—unlawful stowage, loading and restraint 73
109 Offences—prime contractor—unlawful stowage, loading and restraint 74
110 Offences—driver—unlawful stowage, loading and restraint 74
Chapter 11 Segregation
111 Application—ch 11 76
112 Exception—certain goods for driver’s personal use 76
113 Offence—consignor—incompatible goods 76
114 Offence—loader—incompatible goods 77
115 Offence—prime contractor—incompatible goods 77
116 Offence—driver—incompatible goods 78
117 Approvals—segregation devices 78
118 Approvals—methods of segregation 79
119 Offence—contravene condition of approval 79
Chapter 12 Bulk transfer of dangerous goods
Part 12.1 Bulk transfer of dangerous goods—general
120 Meaning of bulk transfer—ch 12 80
Part 12.2 Equipment and transfer
121 Offences—transferor—damaged etc hose assembly 81
122 Offences—transferor—duties in relation to bulk transfer 81
123 Offence—occupier—duties in relation to hose assembly 83
124 Offence—occupier—duties in relation to bulk transfer 83
125 Offence—occupier—fail to keep records 84
126 Offence—prime contractor—duties in relation to hose assembly 84
127 Offence—prime contractor—duties in relation to bulk transfer 85
128 Offence—prime contractor—fail to keep records 86
Part 12.3 Filling ratio and ullage
129 Application—pt 12.3 87
130 Offence—transferor—filling ratio and ullage 87
131 Offence—prime contractor—filling ratio and ullage 88
132 Offence—driver—filling ratio and ullage 89
Chapter 13 Documentation
Part 13.1 Transport documentation
133 Offence—false or misleading transport documentation 91
134 Offences—consignor—transport without proper documentation 91
135 Offence—prime contractor—transport without proper documentation 92
136 Offence—driver—fail to carry transport documentation 93
136A Offence—prime contractor—fail to keep documents 93
Part 13.1A Dangerous goods packed in limited quantities
136B Offence—consignor—fail to give prime contractor information 95
136C Offence—prime contractor—fail to ensure information is readily ascertainable 96
Part 13.2 Emergency information
137 Meaning of required emergency information—pt 13.2 97
138 Offence—consignor—missing required emergency information 97
139 Offence—prime contractor—emergency information holder and required emergency information 97
140 Offences—driver—emergency information holder and required emergency information 98
141 Approvals—emergency information 99
Chapter 14 Safety equipment
142 Offence—owner—safety equipment 100
143 Offence—prime contractor—safety equipment 100
144 Offence—driver—safety equipment 101
Chapter 15 Procedures during transport
Part 15.1 Immobilised and stopped vehicles
145 Offence—driver—immobilised or stopped vehicle 102
146 Offences—prime contractor—immobilised or stopped vehicle 102
Part 15.1A General precautions
146A Offence—prime contractor—parking 105
146B Offence—prime contractor—unloading 105
146C Offence—prime contractor—detaching trailer 106
146D Offence—prime contractor—heating placard load 106
Part 15.2 Vehicles—duties of drivers
147 Offence—allowing other person to ride 108
148 Offence—parking 108
149 Offence—ignition sources 108
150 Offence—unloading 109
151 Offence—detaching trailer 109
152 Offence—road tank vehicle with burner 110
Chapter 16 Emergencies
Part 16.1 Emergencies generally
153 Offence—driver—dangerous situation 111
154 Offence—prime contractor—food or food packaging 111
155 Offence—prime contractor—fail to tell competent authority 112
Part 16.2 Emergencies involving placard loads
156 Offences—telephone advisory service 114
157 Offences—emergency plans 115
158 Offence—consignor—information and resources 117
159 Offence—prime contractor—information and resources 118
Chapter 17Mutual recognition
Part 17.1 Registers of determinations, exemptions, approvals and licences
160 Registers 119
161 Registers may be kept electronically 119
162 Inspection of registers 119
Part 17.2 Recommendations by competent authority and corresponding authorities
163 Recommendations by competent authority 120
164 Recommendations by corresponding authorities 120
Part 17.3 Mutual recognition of determinations, exemptions, approvals and licences
165 Corresponding determinations 122
166 Corresponding exemptions 123
167 Corresponding approvals 123
168 Corresponding licences 124
168A Referring corresponding determinations etc to CAP for mutual recognition 125
Chapter 18 Exemptions
Part 18.1 Exemptions—general
169 Applications for exemptions 126
170 Register of exemptions 127
171 Records of exemptions 127
Part 18.2 Reference of matters to CAP
172 References to CAP—applications 129
173 Effect of CAP decisions about applications 129
174 Effect of CAP decisions about cancelling or varying exemptions 130
Chapter 19 Administrative determinations and approvals
Part 19.1 Administrative determinations and approvals—general
175 Applications 131
176 Form of administrative determinations and approvals 131
177 When administrative determinations and approvals not to be made 131
178 Reasons for refusal of applications 132
179 Periods and conditions 132
180 Replacement administrative determinations and approvals 132
181 Grounds for cancelling administrative determinations and approvals 132
182 Grounds for varying administrative determinations and approvals 134
Part 19.1A Referring determinations to CAP
182A Referrals—determinations should apply to participating jurisdictions 136
182B Referrals—determinations should be cancelled or varied 136
182C Taking into account CAP’s decisions—referrals under s 182A 136
182D Taking into account CAP’s decisions—referrals under s 182B 137
Part 19.2 Register of approvals
183 Register 138
184 Records of approvals 138
Part 19.3 Reference of approval matters to CAP
185 References to CAP—approvals 139
186 Effect of CAP decisions about applications 139
187 Effect of CAP decisions about cancelling or varying approvals 140
Part 19.4 Cancellation and variation
188 Cancellation and variation in dangerous situations 141
189 Cancellation giving effect to court orders 141
190 Variation of administrative determinations and approvals on application 141
191 Cancellation and variation in other circumstances 142
192 When cancellation or variation takes effect 143
Chapter 20Licences
Part 20.1 Licences—general
193 Meaning of licensing authority—ch 20 144
194 Application—ch 20 144
195 Relationship to other laws—ch 20 144
Part 20.2 Vehicles and drivers to be licensed
196 Vehicles transporting certain kinds of dangerous goods to be licensed 145
197 Drivers of vehicles transporting certain kinds of dangerous goods to be licensed 145
Part 20.3 Dangerous goods driver licences
198 Application for licence 146
199 Driver licence—evidence 146
200 Required competency evidence 147
201 Required medical fitness evidence 148
202 Grant of dangerous goods driver licences 148
203 Applications for renewal of licences 149
204 Renewal of driver licences 149
205 Driver licence periods 150
206 Driver licence conditions 150
207 Additional condition 151
208 Grounds for cancelling, suspending or varying licence 151
209 Offence—licence to be carried 152
Part 20.4 Dangerous goods vehicle licences
210 Meaning of vehicle—pt 20.4 153
211 Applications for licences 153
212 Additional information and inspections 154
213 Grant of dangerous goods vehicle licences 154
214 Applications for renewal of licences 155
215 Renewal of vehicle licences 156
216 Vehicle licence periods 157
217 Vehicle licence conditions 157
218 Offences—transferring or disposing of licensed vehicles other than through business transfer 157
218A Offence—transferring licensed vehicles through business transfer 159
219 Grounds for cancelling, suspending or varying licences 160
Part 20.5 Licences generally
221 Meaning of licence and licensee—pt 20.5 160
222 Replacement licences 160
223 Offence—fail to comply with licence condition 161
224 Surrender of licences 161
225 Registers of licences 161
226 Records of licences 162
227 Offence—fail to correct information given in licence applications 162
228 Offence—fail to produce licence to licensing authority 163
229 Return of licences 163
Part 20.6 Cancellation, suspension and variation
230 Meaning of licence and licensee—pt 20.6 164
231 Cancellation, suspension and variation in dangerous situations 164
232 Cancellation and suspension giving effect to court orders 164
233 Variation of licence on application 164
234 Cancellation, suspension and variation in other circumstances 165
235 When cancellation, suspension and variation take effect 166
236 When licences taken to be suspended 166
Chapter 21 Insurance
237 Requiring evidence of insurance etc 167
238 Offence—fail to comply with notice 167
239 Approvals—insurance 168
Chapter 22 Notification and review of decisions
240 Internally reviewable decisions—Act, s 169, def internally reviewable decision 169
241 Internally reviewable decisions—notice and right of review—Act, s 170 and s 171 169
Schedule 1 Reviewable decisions 170
Part 1.1 Internally reviewable decisions under Act 170
Part 1.2 Internally reviewable decisions under this regulation 171
Dictionary174
Endnotes
1 About the endnotes 186
2 Abbreviation key 186
3 Legislation history 187
4 Amendment history 188
5 Earlier republications 195
6 Expired transitional or validating provisions 196
Dangerous Goods (Road Transport) Regulation 2010
made under the
Dangerous Goods (Road Transport) Act 2009
Chapter 1Preliminary
Part 1.1Introduction
Name of regulation
This regulation is the Dangerous Goods (Road Transport) Regulation 2010.
Dictionary
The dictionary at the end of this regulation is part of this regulation.
Note 1The dictionary at the end of this regulation defines certain terms used in this regulation, and includes references (signpost definitions) to other terms defined elsewhere in this regulation.
For example, the signpost definition ‘general packaging, for part 6.3 (Offences—general packaging)—see section 57.’ means that the term ‘general packaging’ is defined in that section for part 6.3.
Note 2A definition in the dictionary (including a signpost definition) applies to the entire regulation unless the definition, or another provision of the regulation, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
Notes
A note included in this regulation is explanatory and is not part of this regulation.
NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
Offences against regulation—application of Criminal Code etc
Other legislation applies in relation to offences against this regulation.
Note 1Criminal Code
The Criminal Code, ch 2 applies to all offences against this regulation (see Code, pt 2.1).
The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the code applies (eg conduct, intention, recklessness and strict liability).
Note 2Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.
Objects of regulation
The main objects of this regulation are as follows:
(a)to set out the obligations of people involved in the transport of dangerous goods by road;
(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 road;
(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 road;
(d)to promote consistency between the standards, requirements and procedures applying to the transport of dangerous goods by road and other modes of transport.
Application of regulation—exemptions
(1)This regulation does not apply to the transport of dangerous goods by, or at the direction of, an authorised person or a member of an emergency service, to the extent necessary to avoid, eliminate or minimise a dangerous situation.
(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 500L; or
(ii)more than 500kg 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.
(3)This regulation does not apply to the transport by a vehicle of UN class 1 (explosives) or UN class 7 (radioactive) dangerous goods except when being transported with other dangerous goods.
(4)This regulation does not apply to the transport by a vehicle of dangerous goods—
(a)if—
(i)the goods are not of UN division 6.2 (infectious substances); and
(ii)the goods are assigned to a class or division stated in the ADG code, table 1.1.1.2; and
(iii)the goods are in a consignment; and
(iv)the aggregate quantity of the goods in the consignment is not more than the quantity stated in the ADG code, table 1.1.1.2 for the goods; 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 are portable firefighting equipment or other portable safety equipment and that are part of the vehicle’s safety equipment.
(5)This regulation does not apply to the transport of dangerous goods by a mobile processing unit.
(6)In this section:
designated dangerous goods means dangerous goods of the following:
(a)UN class 1 (explosives), except dangerous goods of UN division 1.4S;
(b)category A of UN division 6.2 (infectious substances);
(c)UN class 7 (radioactive material).
mobile processing unit means a vehicle or moveable piece of equipment (other than a trailer) designed to transport the constituents of a bulk ammonium nitrate-based explosive to the place where the explosive is manufactured and used.
Special provisions for tools of trade and dangerous goods for private use
(1)This section 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
(c)the goods are being transported—
(i)by a person who intends to use them; or
(ii)so that they can be used for a commercial purpose.
(2)A person transporting the load is exempt from all obligations imposed by this regulation other than those imposed by this section.
(3)A person must not transport the load unless each package in the load—
(a)complies with the packaging requirements appropriate to the quantity of dangerous goods under chapter 5; and
(b)is labelled and marked in accordance with division 7.1; 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 are eliminated, or if it is not practicable to eliminate the risks, that the risks are minimised to the maximum extent that is practicable.
(4)If the load contains an aggregate quantity of dangerous goods of UN class 3, 4, 5 or 6 of more than 250, 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.
(5)If the load contains an aggregate quantity of dangerous goods of UN division 2.1, UN division 2.3 or packing group I of more than 50, 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.
(6)A person commits an offence if the person fails to comply with subsection (3), (4) or (5).
Maximum penalty: 40 penalty units.
Part 1.2Interpretation
Division 1.2.1 Key concepts
Dangerous goods—Act, dict
(1)Goods are dangerous goods if the goods—
(a)are determined under section 29 (1) (a) (Determinations—dangerous goods and packaging) to be dangerous goods; or
(b)satisfy the dangerous goods classification criteria mentioned in the ADG code, part 2.
(2)However, goods that satisfy the criteria mentioned in the ADG code, part 2 are not dangerous goods if—
(a)the goods are determined under section 29 (1) (a) not to be dangerous goods; or
(b)both of the following apply:
(i)a special provision states that the goods are not subject to the ADG code;
(ii)any condition mentioned in the special provision is met.
(3)In this section:
special provision, in relation to dangerous goods, means an SP (as defined in the ADG code, section 1.2.1) that is applied to the goods by the dangerous goods list, column 6.
Goods too dangerous to be transported—Act, dict
The following are goods too dangerous to be transported:
(a)goods mentioned in the ADG code, appendix A;
(b)goods determined under section 29 (2) (a) (Determinations—dangerous goods and packaging) to be too dangerous to be transported;
(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.
NoteA person must not consign for transport goods that this regulation identifies as being too dangerous to be transported (see Act, s 30).
UN classes, divisions and categories of dangerous goods
For this regulation, a UN class, UN division or UN category of dangerous goods is—
(a)if a determination under section 29 (1) (b) (Determinations—dangerous goods and packaging) that the goods are of a stated UN class, division or category is in effect—the stated class, division or category; or
(b)if there is no determination under section 29 (1) (b) in effect in relation to the goods—the class, division or category determined for the goods in accordance with the ADG code.
Note 1Under the UN classification system there are 9 classes of dangerous goods. Some classes are further divided into divisions, and some divisions are divided into categories.
Example
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).
Note 2Under the ADG code, if dangerous goods are mentioned in the dangerous goods list, their UN class or division is that mentioned in the list, col 2 opposite the name and description of those goods, unless the code, ch 3.3 provides for those goods to be assigned to a different class or division. If applicable, the code, ch 2 describes how the UN category of dangerous goods is to be determined. The category may be changed under the code, ch 3.3.
Subsidiary hazard
For this regulation, the subsidiary hazard, of dangerous goods is—
(a)if a determination under section 29 (1) (c) that the goods have a stated subsidiary hazard is in effect—the stated subsidiary hazard; or
(b)if there is no determination under section 29 (1) (c) in effect in relation to the goods—the subsidiary hazard determined for the goods in accordance with the ADG code.
NoteDangerous goods that are able to be assigned to more than 1 UN class or division are assigned a subsidiary hazard. This subsidiary hazard is any other UN class or division to which the goods also belong. Under the ADG code, if dangerous goods are mentioned in the dangerous goods list, their subsidiary hazard is mentioned in the list, col 4 opposite the name and description of those goods, unless the code, ch 3.3 provides for those goods to be assigned a different subsidiary hazard.
Packing group
For this regulation, the packing group, of dangerous goods is—
(a)if a determination under section 29 (1) (d) (Determinations—dangerous goods and packaging) that the goods are of a stated packing group is in effect—the stated packing group; or
(b)if there is no determination under section 29 (1) (d) in effect in relation to the goods—the packing group determined for the goods in accordance with the ADG code.
NoteThe assignment of dangerous goods to a packing group indicates the degree of danger of, and the level of containment required for, the goods. The packing groups, and the degree of danger they indicate, are as follows:
· packing group I (substances presenting high danger);
· packing group II (substances presenting medium danger);
· 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 the ADG code, ch 3.3 (the list identifies those cases).
Incompatibility
(1)For this regulation, dangerous or other goods are incompatible with dangerous goods if—
(a)the goods are incompatible under the ADG code, chapter 9.1; or
(b)the goods are determined under section 29 (1) (e) (Determinations—dangerous goods and packaging) 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.
Division 1.2.2 Other important concepts
Meaning of packaging—Act, s 11
For the Act, packaging includes any of the following:
(a)a bag;
(b)a box;
(c)an IBC;
(d)a bulk container;
(e)a drum barrel;
(f)a freight container;
(g)inner packaging;
(h)intermediate packaging;
(i)a jerry can;
(j)large packaging;
(k)an MEGC;
(l)outer packaging;
(m)an overpack;
(n)a tank (including the tank of a tank vehicle);
(o)any other thing that contains, or performs a safety function in relation to the transport of, dangerous goods.
Meaning of bulk container
For this regulation, a bulk container—
(a)means a containment system for the transport of solid dangerous goods that—
(i)is designed to be in direct contact with the goods; and
(ii)is suitable for repeated use; and
(iii)is designed to facilitate the transport of the goods by 1 or more kinds of transport, without the need for the goods to be unloaded and reloaded when transferred from 1 mode of transport to another; and
(iv)is fitted with a device for ready handling; and
(v)has a capacity of 1m3 or more; and
(b)includes—
(i)any liner or coating of the system; and
(ii)a freight container; but
(c)does not include—
(i)an IBC; or
(ii)large packaging; or
(iii)a portable tank.
Examples
· offshore bulk containers
· skips
· bulk bins
· swap bodies
· trough-shaped containers
· roller containers
· load compartments of vehicles
· flexible containers
Meaning of intermediate bulk container (or IBC)
(1)For this regulation, intermediate bulk container (or IBC) means a rigid or flexible portable packaging for the transport of dangerous goods that complies with the specifications in the ADG code, chapter 6.5 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 500L; and
(ii)for solids of packing group I packed in a metal container—3 000L; and
(iii)for solids or liquids of packing groups II and III—3 000L; and
(iv)for any other dangerous goods—3 000L; and
(b)is designed for mechanical handling.
(2)However, rigid or flexible portable packaging that complies with the ADG code, chapter 6.1, chapter 6.3 or chapter 6.6 is not an IBC.
Meaning of multiple-element gas container (orMEGC)
For this regulation, multiple-element gas container (or MEGC) 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.
Meaning of dangerous goods packed in limited quantities
For this regulation, dangerous goods are packed in limited quantities if—
(a)the goods are packed in accordance with the ADG code, chapter 3.4; and
(b)the quantity of dangerous goods in each inner packaging or in each article does not exceed the quantity mentioned in the dangerous goods list, column 7a for the goods.
19AMeaning of packed in excepted quantities
For this regulation, dangerous goods are packed in excepted quantities if—
(a)the goods are assigned to code E1, E2, E3, E4 or E5 in the dangerous goods list, column 7b; and
(b)the goods are packed in accordance with the ADG code, chapter 3.5; and
(c)the quantity of the packed goods is not more than the quantity stated in the ADG code, section 3.5.1.2 for the code to which the goods are assigned.
Meaning of tank
(1)For this regulation, a tank means—
(a)a portable tank; or
(b)a tank vehicle; or
(c)a receptacle used to contain a solid, liquid or gas.
(2)However, a thing mentioned in subsection (1) is not a tank if the thing—
(a)is used to transport a gas; and
(b)has a capacity of less than 450L.
(3)In this section:
gas means a substance that—
(a)has a vapour pressure of more than 300kPa at 50°C; or
(b)is completely gaseous at a standard pressure of 101.3kPa at 20°C.
References to loads
For this regulation, all the goods in a vehicle are a single load, even if the vehicle is transporting more than 1 transport unit.
Division 1.2.3 Certain references and inconsistency between regulation and codes etc
References to codes, standards and rules
(1)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.
(2)In this section:
instrument means a code, standard or rule (whether made in or outside Australia) relating to dangerous goods or to transport by road.
Disapplication of Legislation Act, s 47 (5)
The Legislation Act, section 47 (5) does not apply to the following instruments:
(a)the ADG code;
(b)the AFG guidelines;
(c)the ANZ-ERG;
(d)the ICAO technical instructions;
(e)the IMDG code.
NoteAn instrument mentioned in this provision does not need to be notified under the Legislation Act because s 47 (5) does not apply to the instrument (see Legislation Act, s 47 (7)).
Inconsistency between this regulation and codes etc
(1)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 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.
(2)However, if any provision that is applied, adopted by or incorporated in this regulation uses a term that is defined in both the relevant code, standard or rule, and in this regulation, the term is to have the meaning set out in the code, standard or rule, unless the contrary intention appears.
References 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.
References 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
Chapter 2Training and competency
Offence—instruction and training
(1)This section applies to a person who is responsible for the management or control of a transport of dangerous goods activity.
(2)The person commits an offence if the person—
(a)manages, controls or supervises the activity; and
(b)has not received instruction and training to enable the person to manage, control or supervise another person to perform the activity safely and in accordance with this regulation.
Maximum penalty: 40 penalty units.
(3)The person commits an offence if—
(a)the person employs, engages or permits someone else to perform the activity; and
(b)the other person—
(i)has not received, or is not receiving, appropriate instruction and training to ensure that they are able to perform the activity safely and in accordance with this regulation; or
(ii)is not appropriately supervised in performing the activity to ensure that they are able to perform the activity safely and in accordance with this regulation.
Maximum penalty: 40 penalty units.
(4)In this section:
transport of dangerous goods activity means an activity involved in the transport of dangerous goods and includes any of the following done in relation to the transport of dangerous goods:
(a)packing;
(b)consigning;
(c)loading;
(d)unloading;
(e)handling a fumigated cargo transport unit;
(f)marking packages;
(g)placarding placard loads;
(h)preparing transport documentation;
(i)maintaining vehicles and equipment;
(j)driving a vehicle;
(k)being a consignee;
(l)following the procedures under this regulation in a dangerous situation.
Approvals—tests and training courses for drivers
(1)The competent authority may, on application in accordance with section 175, approve—
(a)a test of competence for drivers of road vehicles transporting dangerous goods; or
(b)a training course for drivers of road vehicles transporting dangerous goods.
(2)However, the competent authority may approve a test of competence or 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 activity to which the test or course relates safely and in accordance with this regulation.
Chapter 3Determinations
Determinations—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 UN category; or
(c)dangerous goods with a particular subsidiary hazard; or
(d)dangerous goods 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
NoteGoods determined to be goods too dangerous to be transported for par (a) are goods too dangerous to be transported for the Act (see Act, dict, def goods too dangerous to be transported, par (b)).
(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.
(3)A determination is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act.
(4)Subsection (3) does not apply to an administrative determination.
Determinations—vehicles, routes, areas and times
(1)The competent authority may determine that dangerous goods may be or must or must not be transported—
(a)using a stated vehicle, or kind of vehicle; or
(b)on a stated route; or
(c)in or through a stated area; or
(d)at a stated time; or
(e)in quantities in excess of a stated amount; or
(f)in stated packaging.
(2)A determination is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act.
(3)Subsection (2) does not apply to an administrative determination.
Administrative determinations
(1)For this regulation, 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, or a person stated in the determination.
(2)Also, a determination is an administrative determination if the determination—
(a)is made on the initiative of the competent authority; and
(b)applies to a person stated in the determination; and
(c)does not impose any obligation on a person.
(3)For subsection (2) (c), an administrative determination does not impose an obligation on a person only because the person must comply with a condition in taking an action under the determination.
(4)The competent authority may amend a determination under subsection (2) on their own initiative.
NoteFor provisions dealing with administrative determinations, including applications, cancellation and variation, see ch 19.
Determination may be subject to conditions
The competent authority may make a determination subject to any condition necessary for the safe transport of dangerous goods.
Offence—contravention of determination condition
(1)A person commits an offence if—
(a)a determination applies to the person; and
(b)the person contravenes a condition of the determination.
Maximum penalty: 40 penalty units.
(2)An offence against this section is a strict liability offence.
Effect of determinations on contrary obligations under regulation
(1)This section applies if—
(a)this regulation imposes an obligation on a person; and
(b)the person is authorised or permitted to act contrary to the obligation by a determination made under this chapter.
(2)The obligation is to be read as if it stated that the person could fulfil the obligation by acting in accordance with the determination.
Register of determinations
(1)The competent authority must—
(a)keep a register of determinations; or
(b)with other competent authorities, keep a central 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 this regulation that is not an administrative determination; and
(b)each corresponding determination.
(4)The competent authority must include in the register—
(a)the revocation of a determination made under this regulation; and
(b)a decision of CAP reversing a decision that a corresponding determination should have effect in all participating jurisdictions or participating jurisdictions including the ACT.
Records 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 date the determination is notified;
(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.
NoteA reference to the notification of a legislative instrument is a reference to the instrument having been notified in the ACT legislation register or gazette (see Legislation Act, s 63).
Offences—doing of thing prohibited or regulated by determination
(1)A person commits an offence if—
(a)a determination under this chapter prohibits the doing of a thing; and
(b)the determination applies to the person; and
(c)the person does the thing.
Maximum penalty: 40 penalty units.
(2)A person commits an offence if—
(a)a determination under this chapter regulates the doing of a thing; and
(b)the determination applies to the person; and
(c)the person does the thing contrary to the determination.
Maximum penalty: 40 penalty units.
(3)It is a defence to a prosecution for an offence against this section if the person did not know, and could not reasonably have been expected to know, about the determination, or that the determination applied to the person.
NoteThe defendant has a legal burden in relation to the matters mentioned in s (3) (see Criminal Code, s 59).
Chapter 4Transport of dangerous goods to which special provisions apply
Application—ch 4
This chapter applies if—
(a)a special provision applies to dangerous goods in the dangerous goods list; and
(b)the special provision prohibits the transport of the goods by road or imposes a restriction on the way the goods are to be transported by road.
NoteThe dangerous goods list, col 6 specifies whether a special provision applies to dangerous goods, and the code, pt 3.3 lists the special provisions that apply.
Offence—consignor—special provision applies
A person commits an offence if—
(a)the person consigns dangerous goods for transport; and
(b)a special provision applies to the transport of the goods; and
(c)the person knows, or ought reasonably to know, that—
(i)the special provision applies to the transport of the goods; and
(ii)the transport of the goods does not, or will not, comply with the special provision.
Maximum penalty: 20 penalty units.
Offence—packer—special provision applies
A person commits an offence if—
(a)the person packs dangerous goods for transport; and
(b)a special provision applies to the transport of the goods; and
(c)the person knows, or ought reasonably to know, that—
(i)the special provision applies to the transport of the goods; and
(ii)the transport of the goods does not, or will not, comply with the special provision.
Maximum penalty: 20 penalty units.
Offence—loader—special provision applies
A person commits an offence if—
(a)the person loads dangerous goods in a vehicle for transport; and
(b)a special provision applies to the transport of the goods; and
(c)the person knows, or ought reasonably to know, that—
(i)a special provision applies to the transport of the goods; and
(ii)the transport of the goods does not, or will not, comply with the special provision.
Maximum penalty: 20 penalty units.
Offence—prime contractor—special provision applies
A prime contractor commits an offence if—
(a)the contractor transports dangerous goods; and
(b)a special provision applies to the transport of the goods; and
(c)the contractor knows, or ought reasonably to know, that—
(i)the special provision applies to the transport of the goods; and
(ii)the transport of the goods does not, or will not, comply with the special provision.
Maximum penalty: 20 penalty units.
Offence—driver—special provision applies
A person commits an offence if—
(a)the person drives a road vehicle transporting dangerous goods; and
(b)a special provision applies to the transport of the goods; and
(c)the person knows, or ought reasonably to know, that—
(i)the special provision applies to the transport of the goods; and
(ii)the transport of the goods does not, or will not, comply with the special provision.
Maximum penalty: 10 penalty units.
Chapter 5Packaging
Part 5.1Packaging—general
Packing of dangerous goods in limited or excepted quantities
Dangerous goods packed in limited or excepted quantities do not need to be packed as required by this chapter.
References to ADG code, pt 4 include dangerous goods list requirements
In this chapter, a reference to dangerous goods being packed in accordance with any relevant provision of the ADG code, part 4 includes a reference to the goods being packed in accordance with any packing requirement stated in relation to the goods in the dangerous goods list.
Part 5.2Suitability and design of packaging
Meaning of recognised testing facility—pt 5.2
For this part, each of the following is a recognised testing facility for a packaging design type:
(a)a testing facility registered by NATA to conduct performance tests under the ADG code, part 6 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.
Suitability of packaging for transport
(1)Packaging is unsuitable for the transport of dangerous goods if—
(a)it is required to undergo performance tests under the ADG code, part 6 and it is not approved packaging; or
(b)it does not meet any relevant standards or requirements stated in the ADG code, part 4 or part 6 (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 the ADG code, part 4 or part 6; or
(d)its use for the transport of the goods is prohibited by a determination made under chapter 3 (Determinations); 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; or
(g)for goods purportedly packed in limited quantities—the packaging of the goods does not comply with the ADG code, chapter 3.4; or
(h)for goods purportedly packed in excepted quantities—the packaging of the goods does not comply with the ADG code, chapter 3.5.
(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.
Offences—marking packaging
(1)A person commits an offence if—
(a)the person applies marking mentioned in the ADG code, part 6 on packaging; and
(b)the packaging is not of a design approved under section 50 (Approvals—packaging designs).
Maximum penalty: 40 penalty units.
(2)A person commits an offence if—
(a)the person applies marking mentioned in the ADG code, part 6 on packaging; and
(b)the marking is not appropriate for the packaging.
Maximum penalty: 40 penalty units.
(3)An offence against this section is a strict liability offence.
Applications for approval of packaging design
(1)This section applies to packaging that is required to undergo tests under the ADG code, part 6 (relevant packaging).
(2)A person may apply to the competent authority for the approval of a design of relevant packaging 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 the ADG code, pt 6. Performance tests include drop, leakproofness, hydraulic and stacking tests.
(3)An application for approval must—
(a)be made in accordance with section 175; and
(b)include the information required under the ADG code, part 6.
NoteA fee may be determined under the Act, s 194 for this provision.
Approvals—packaging designs
(1)The competent authority may, on application in accordance with section 49, approve a design for a packaging for use in the transport of dangerous goods if it is satisfied that a packaging of the design—
(a)will comply with, or is permitted by, the ADG code, part 6; and
(b)satisfies all the relevant testing and inspection requirements set out in the part.
(2)In deciding 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 that complies with section 52 (Test certificates).
(3)The competent authority may put a condition on the approval about the construction, packing, maintenance or use of a packaging manufactured in accordance with the approved design.
(4)However, the condition must be necessary for the safe use of the packaging to transport dangerous goods.
Offence—contravention of condition about approval of packaging design
A person commits an offence if—
(a)the person—
(i)constructs, packs or fails to maintain packaging for use in the transport of dangerous goods; or
(ii)uses packaging to transport dangerous goods; and
(b)the approval of the design for the packaging has a condition about the construction, packing, maintenance or use of the packaging; and
(c)the person knows, or ought reasonably to know, that—
(i)the approval of the design for the packaging has the condition; and
(ii)the construction, packing, failure to maintain or use contravenes the condition.
Maximum penalty: 40 penalty units.
Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.
Republication No and date Effective Last amendment made by Republication for R1 (RI)
6 Apr 20102 Apr 2010–
2 July 2010not amended new regulation and reissued for republication correction R2
3 July 20103 July 2010–
5 Apr 2015not amended commenced expiry R3
6 Apr 20156 Apr 2015–
29 Apr 2018not amended expiry of transitional provisions (ch 23) R4
30 Apr 201830 Apr 2018–
8 July 2021SL2017‑44 amendments by SL2017‑44 R5
9 July 20219 July 2021–
26 April 2024A2020‑30 amendments by A2020‑30 R6
27 Apr 202427 Apr 2024–
26 Feb 2025SL2024‑5 amendments by SL2024‑5
Expired transitional or validating provisions
This Act may be affected by transitional or validating provisions that have expired. The expiry does not affect any continuing operation of the provisions (see Legislation Act 2001, s 88 (1)).
Expired provisions are removed from the republished law when the expiry takes effect and are listed in the amendment history using the abbreviation ‘exp’ followed by the date of the expiry.
To find the expired provisions see the version of this Act before the expiry took effect. The ACT legislation register has point-in-time versions of this Act.
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