Road Transport Reform (Dangerous Goods) Regulations 1997 (Cth)
made under the
This compilation was prepared on 28 April 2003
taking into account amendments up to SR 1999 No. 211
Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra
Division 4 Application of other laws to Regulations
Division 3 Competent Authority’s performance testing powers
Division 1 Restrictions on transport of dangerous goods in bulk
Division 1 Registers of determinations, exemptions, approvals and licences
Division 3 Recommendations by Competent Authority and corresponding Competent Authorities
Division 4 Mutual recognition of determinations, exemptions, approvals and licences
Part 17 Administrative determinations and approvals
Division 5 Carriage and production of bulk driver licences
These Regulations are the
Road Transport Reform (Dangerous Goods) Regulations 1997 .
These Regulations, except regulation 1.1 and this regulation, commence on a day or days specified by the Commonwealth Minister by notice in the
Commonwealth of Australia Gazette .
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
(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
(c) to promote consistency between the standards, requirements and procedures applying to the transport of dangerous goods by road and by other modes of transport.
(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.
Note 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.
Example The signpost definition
‘
converter dolly see clause 10.6 in the Schedule to the Road Transport Reform (Heavy Vehicles Standards) Regulations.’indicates that the expression
converter dolly is defined in clause 10.6 in the Schedule to those Regulations.
(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.
(1) In this regulation:
instrument means a code, standard or rule (whether made in or outside Australia) relating to dangerous goods or to transport by road, 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.
Note See section 50 of the Act, which deals with notification in the Government Gazette of where an instrument may be obtained or inspected.
(1) In this regulation:
instrument means a code, standard or rule (whether made in or outside Australia) relating to dangerous goods or to transport by road.
(2) If an instrument is applied or adopted by, or is incorporated in, these Regulations and the instrument is inconsistent with these Regulations, the Regulations prevail to the extent of the inconsistency.
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.
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.
Example The addition of a new condition to an existing administrative determination.
Note TheDefence Act 1903 (Cwlth) deals with the immunity of defence personnel from certain State and Territory laws.
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.
(1) In this regulation:
designated dangerous goods means dangerous goods of Class 1 (except of Class 1.4S), Class 6.2 or Class 7.(2)These Regulations do not apply to the transport by a person of a load of dangerous goods 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) the goods are not being transported by the person in the course of a business of transporting goods by road.
Regulations 3.1 to 3.4, and Divisions 5, 6 and 7 of Part 4, do not apply to the transport of dangerous goods by road 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 from the place of import; and
(e) the container is placarded in accordance with the IATA Regulations, ICAO Rules or IMDG Code.
Note Some provisions of this Division are only capable of applying in this jurisdiction. However, other provisions of this Division may be adopted in other participating jurisdictions.
Chapter 2 of the Criminal Code set out in the Schedule to the
Criminal Code Act 1995 of the Commonwealth (except Part 2.5) applies to an offence against these Regulations as if the Chapter were in operation in this jurisdiction.
Note 1 Chapter 2 of theCriminal Code codifies the general principles of criminal responsibility.
Note 2 Part 2.5 of theCriminal Code provides for the imposition of criminal liability on bodies corporate. It is not appropriate to apply Part 2.5 to the Regulations because section 42 of the Act deals with the matter in a different way.
An offence created by a provision mentioned in Schedule 1 is an offence of strict liability.
An approved form is taken to be a disallowable instrument for the purposes of section 10 of the
Subordinate Laws Act 1989 of the Australian Capital Territory.
Note 1 Section 10 of theSubordinate Laws Act 1989 (ACT) provides that an Act or subordinate law of the Territory may provide that an instrument made under the Act or law is a disallowable instrument for the purposes of the section.
Note 2 Section 6 of theSubordinate Laws Act 1989 (ACT) makes provision for the notification, tabling and disallowance of disallowable instruments.
A determination made under these Regulations (except an administrative determination) is taken to be a disallowable instrument for the purposes of section 10 of the
Subordinate Laws Act 1989 of the Australian Capital Territory.
Note See notes to regulation 1.14.
(1) The Competent Authority may approve a form for a provision or purpose of these Regulations.
(2) The form must be used for the provision or purpose.
(1) Each approved form must have a heading that includes the name of these Regulations and briefly indicates the purpose of the form.
(2) Each kind of approved form must be numbered using a system that gives forms of that kind a unique number.
(3) Each version of a kind of approved form must be numbered consecutively using a system that gives the version a unique number.
The 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.
A determination is an
administrative determination if the determination:
(a) is made on the application of a person; and
(b) applies only to the person.
Note 1 Part 17 contains provisions dealing with administrative determinations, including applications for administrative determinations and their cancellation and variation.
Note 2 For additional provisions about cancelling and varying administrative determinations, see Part 19.
An administrative determination may be subject to any condition necessary for the safe transport of dangerous goods by road.
(1) The Competent Authority must keep a register of determinations.
(2) The register may have separate divisions for different kinds of determinations.
(3) The Competent Authority must record in the register:
(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.
The record of a determination in the register must include:
(a) the provisions of the determination; or
(b) the following information:
(i) the title of the Government Gazette 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.
(1) This regulation does not apply to an administrative determination.
(2) The 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) The Competent Authority must refer to the Panel a determination having effect in this jurisdiction, and 1 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.
(1) This regulation applies if:
(a) a draft determination is referred to the Panel under subregulation 1.23 (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) The Competent Authority must have regard to the Panel’s decision.
(1) This regulation applies if:
(a) a determination is referred to the Panel under subregulation 1.23 (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) The Competent Authority must have regard to the Panel’s decision.
(1) This regulation applies if:
(a) the Panel decides that a determination (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 (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.
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.
(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.
(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 paragraph 2.2 (1) (a), (b), (c) or (d); and
(c) the goods are not goods to which a determination under paragraph 1.18 (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 unless the person finds out whether the goods satisfy the tests and criteria.
Penalty: $3,000
A State or the Northern Territory is not a participating jurisdiction if:
(a) the Ministerial Council decides that the law of the State or Territory does not include provisions having the same, or substantially the same, effect as the Act and these Regulations; and
(b) the Commonwealth Minister, by notice in the
Commonwealth of Australia Gazette , declares that the State or Territory is not a participating jurisdiction.
If:
(a) the 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.
The identification card of an authorised officer must 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.
Goods are too dangerous to be transported if they are:
(a) mentioned in Appendix 5 to the ADG Code; or
(b) determined under paragraph 1.18 (g) to be too dangerous to be transported.
Note Section 36 of the Act provides that a person must not transport by road goods that the regulations identify as being too dangerous to be transported.
(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 paragraph 1.18 (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 paragraph 1.18 (b) not to be dangerous goods.
(3) Also, dangerous goods of Class 1, 6.2 or 7 are not taken to be dangerous goods for these Regulations, except regulation 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 paragraph 1.18 (c) to be dangerous goods of the Class; or
(e) satisfy the UN dangerous goods tests and criteria for assignment to the Class.
(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 paragraph 1.18 (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.
(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 paragraph 1.18 (e) to be assigned to the Packing Group; or
(e) satisfy the UN dangerous goods tests and criteria for assignment to the Packing Group.
(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 paragraph 1.18 (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 paragraph (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.
Example of increased risk because of interaction: Substantial structural weakening of the container.
(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.
Example of increased risk because of interaction: Failure of the transfer equipment resulting in leakage of dangerous goods.
(1) A
package of dangerous goods or other goods is the complete product of the packing of the goods for transport by road, 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, and includes anything that enables the container to receive or hold the goods or to be closed.
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.
All the goods in or on a vehicle are taken to be a single load.
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).
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.
Dangerous goods in bulk are dangerous goods that are not packaged dangerous goods.
(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 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.
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.
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 1 or more modes of transport.
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;
(b) is designed for mechanical handling; and
(c) is resistant to the stresses produced in usual handling and transport.
(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 .
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.
(1) A person
consigns dangerous or other goods for transport by road, and is theconsignor 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.
(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
(b) has possession of, or control over, the goods immediately before the goods are transported by road; or
(c) loads a vehicle with the goods, for transport by road, 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.
A person
packs dangerous or other goods for transport by road, and is apacker 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
(c) supervises an activity mentioned in paragraph (a) or (b); or
(d) manages or controls an activity mentioned in paragraph (a), (b) or (c).
A person
loads dangerous or other goods for transport by road, and is aloader of the goods, if the person:
(a) loads a vehicle with the goods for transport by road; or
(b) loads a bulk container, freight container, or tank that is part of a vehicle, with the goods for transport by road; or
(c) loads a vehicle with a freight container containing the goods for transport by road; 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).
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.
For this Division, packaging is unsuitable for the transport by road 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.
A person must not mark packaging used, or intended to be used, to transport dangerous goods by road with performance and specification markings required under Division 3.5 of the ADG Code unless the packaging is approved packaging.
Penalty: $3,000
A person must not consign packaged dangerous goods for transport by road in packaging if the person knows, or reasonably ought to know, that the packaging:
(a) is unsuitable for the transport of the goods by road; or
(b) is not used in accordance with Chapter 3 of the ADG Code.
Penalty:$1,500
A person must not pack dangerous goods for transport by road in packaging if the person knows, or reasonably ought to know, that the packaging:
(a) is unsuitable for the transport of the goods by road; or
(b) is not used in accordance with Chapter 3 of the ADG Code.
Penalty: $1,500
A person must not load packaged dangerous goods for transport 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: $1,500
A prime contractor must not transport packaged dangerous goods by road 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 road.
Penalty: $1,000
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: $1,000
(1) The Competent Authority may, on application made in accordance with regulation 17.1, approve a packaging design type for use in the transport of dangerous goods by road 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 road.
(2) The approval of a packaging design type may be subject to any condition necessary for the safe transport of dangerous goods by road in packaging of that design type.
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.
(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 must:
(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 must be observed by or for the Competent Authority; and
(b) any test certificate must contain the details required under Division 3.7 of the ADG Code.
(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
(ii) the consignor or prime contractor for the transport of packaged dangerous goods by road; 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.
(2) The 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: $1,500
(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
(b) the consignor of packaged dangerous goods for transport by road.
(2) The 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: $1,500
(4) A test certificate under regulation 3.10 is evidence for this regulation.
(1)A person must not consign dangerous goods for transport by road in bulk if:
(a) Chapter 4 of the ADG Code provides that the goods must not be transported by road in bulk; or
(b) the goods are determined under paragraph 1.18 (h) to be too dangerous to be transported in bulk.
Penalty: $3,000
(2) A person who consigns dangerous goods for transport by road in bulk must comply with Chapter 4 of the ADG Code.
Penalty: $3,000
(1) A prime contractor must not transport dangerous goods by road in bulk if:
(a) Chapter 4 of the ADG Code provides that the goods must not be transported by road in bulk; or
(b) the goods are determined under paragraph 1.18 (h) to be too dangerous to be transported in bulk.
Penalty: $3,000
(2) A prime contractor who transports dangerous goods by road in bulk must comply with Chapter 4 of the ADG Code.
Penalty: $3,000
A person who drives a vehicle transporting dangerous goods by road in bulk must comply with Chapter 4 of the ADG Code.
Penalty: $1,500
(1) A person must not consign dangerous goods in bulk for transport by road 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 road.
Penalty: $3,000
(2) A person must not consign dangerous goods in bulk for transport by road 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 road.
Penalty: $3,000
(3) A person must not consign dangerous goods for transport 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: $3,000
(1) A prime contractor must not transport dangerous goods in bulk by road 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 road.
Penalty: $3,000
(2) A prime contractor must not transport dangerous goods in bulk by road 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 road.
Penalty: $3,000
(3) A prime contractor must not transport dangerous goods by road 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: $3,000
(1) A person must not drive a vehicle transporting dangerous goods in bulk by road in a bulk 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 road.
Penalty: $3,000
(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: $3,000
(1)A person must not manufacture a tank designed to transport dangerous goods in bulk by road other than in accordance with a design that is approved under regulation 4.25.
Penalty: $3,000
(2) A person who manufactures a tank designed to transport dangerous goods in bulk by road must attach a compliance plate to the tank in accordance with Chapter 4 of the ADG Code.
Penalty: $3,000
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: $3,000
The owner of a tank that forms part of a vehicle, or that is attached to a vehicle, must not use the tank, or permit the tank to be used, to transport dangerous goods in bulk in the form of a liquid or gas by road, 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: $3,000
(1)A person must not consign dangerous goods in bulk for transport by road 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: $3,000
(2) A person must not consign dangerous goods in bulk for transport by road 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: $3,000
A person must not load dangerous goods in bulk for transport 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 Chapter 4 of the ADG Code.
Penalty: $1,500
(1)A prime contractor must not transport dangerous goods in bulk by road 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: $3,000
(2) A prime contractor must not transport dangerous goods in bulk by road 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: $3,000
(3) A prime contractor must not transport dangerous goods in bulk by road 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 road.
Penalty: $3,000
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: $1,500
(1) A person must not consign dangerous goods in bulk for transport by road in a foreign approved tank provided by the person if the transport of the goods by road in the tank is prohibited by a determination under subregulation 4.27 (1).
Penalty: $3,000
(2) A person must not consign dangerous goods in bulk for transport by road 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 road in the tank is prohibited by a determination under subregulation 4.27 (1).
Penalty: $3,000
(1) A prime contractor must not transport dangerous goods in bulk by road in a foreign approved tank provided by the prime contractor if the transport of the goods by road in the tank is prohibited by a determination under subregulation 4.27 (1).
Penalty: $3,000
(2) A prime contractor must not transport dangerous goods in bulk by road 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 road in the tank is prohibited by a determination under subregulation 4.27 (1).
Penalty: $3,000
(1) A person must not manufacture an IBC other than in accordance with a design that is approved under regulation 4.26.
Penalty: $3,000
(2) A person who manufactures an IBC must mark the IBC with an IBC marking in accordance with the IBC Supplement.
Penalty: $3,000
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: $3,000
(1)A person must not consign dangerous goods in bulk for transport by road 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: $3,000
(2) A person must not consign dangerous goods in bulk for transport by road 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: $3,000
A person must not load dangerous goods in bulk for transport 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: $1,500
(1)A prime contractor must not transport dangerous goods in bulk by road 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: $3,000
(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: $3,000
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: $1,500
(1) A person must not consign dangerous goods in bulk for transport by road in a foreign approved IBC provided by the person if the transport of the goods by road in the IBC is prohibited by a determination under subregulation 4.27 (2).
Penalty: $3,000
(2) A person must not consign dangerous goods in bulk for transport by road 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 road in the IBC is prohibited by a determination under subregulation 4.27 (2).
Penalty: $3,000
(1) A prime contractor must not transport dangerous goods in bulk by road in a foreign approved IBC provided by the prime contractor if the transport of the goods by road in the IBC is prohibited by a determination under subregulation 4.27 (2).
Penalty: $3,000
(2) A prime contractor must not transport dangerous goods in bulk by road 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 road in the IBC is prohibited by a determination under subregulation 4.27 (2).
Penalty: $3,000
An application for approval of a design for a tank or IBC for use in the transport of dangerous goods in bulk by road must:
(a) for a tank — include the information required under Chapter 4 of the ADG Code; and
(b) for an IBC — include the information required under the IBC Supplement; and
(c) if a fee is prescribed for the application — be accompanied by the prescribed fee.
(1) The Competent Authority may, on application made in accordance with regulations 4.24 and 17.1, approve a design for a tank for use in the transport of dangerous goods in bulk of a particular type by road 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.
(1) The Competent Authority may, on application made in accordance with regulations 4.24 and 17.1, approve a design for an IBC for use in the transport of dangerous goods in bulk of a particular type by road 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.
(1)The Competent Authority may determine the dangerous goods in bulk that must not be transported by road in a foreign approved tank.
(2)The Competent Authority may determine the dangerous goods in bulk that must not be transported by road in a foreign approved IBC.
(1)A person must not consign dangerous goods for transport by road in a freight container provided by the person unless the container complies with Chapter 5 of the ADG Code.
Penalty: $1,500
(2) A person must not consign dangerous goods for transport by road 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: $1,500
(3) A person must not consign dangerous goods for transport by road 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: $1,500
A person must not load dangerous goods for transport by road 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: $1,500
(1) A prime contractor must not transport dangerous goods by road in a freight container provided by the prime contractor unless the container complies with Chapter 5 of the ADG Code.
Penalty: $3,000
(2)A prime contractor must not transport dangerous goods by road 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: $3,000
(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: $3,000
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: $1,500
A person must not consign packaged dangerous goods for transport by road in a unit load unless:
(a) the packages can safely be transported by road in the unit load; and
(b) if Chapter 6 of the ADG Code requires the Competent Authority’s approval for the transport by road of the unit load — the unit load is prepared in accordance with a method approved under subregulation 6.5 (1); and
(c) the unit load otherwise complies with the Chapter.
Penalty: $1,500
A person must not load packaged dangerous goods for transport 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) if Chapter 6 of the ADG Code requires the Competent Authority’s approval for the transport by road of the unit load — the unit load is not prepared in accordance with a method approved under subregulation 6.5 (1); or
(c) the unit load does not otherwise comply with the Chapter.
Penalty: $1,500
A prime contractor must not transport packaged dangerous goods by road in a unit load if the prime contractor 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: $1,500
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: $1,500
(1)The Competent Authority may, on application made in accordance with regulation 17.1, approve a method of preparing a unit load of dangerous goods for transport by road 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 may be subject to any condition necessary for the safe transport of the dangerous goods using the method.
This Division does not apply to the transport of dangerous goods by road 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.
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.
(1)A person must not consign dangerous goods for transport by road in a package or unit load unless the package or unit load is appropriately marked.
Penalty:
(a) for a package — $500
(b) for a unit load — $1,500
(2)A person must not consign dangerous goods for transport by road 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:
(a) for a package — $500
(b) for a unit load — $1,500
(3)A person must not consign goods for transport by road in a package or unit load that does not contain dangerous goods but is marked as if it contained dangerous goods.
Penalty:
(a) for a package — $500
(b) for a unit load — $1,500
(1)A person must not pack dangerous goods for transport by road 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:
(a) for a package — $500
(b) for a unit load — $1,500
(2)A person who packs dangerous goods for transport by road 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:
(a) for a package — $500
(b) for a unit load — $1,500
(3)A person who packs goods for transport by road 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:
(a) for a package — $500
(b) for a unit load — $1,500
(1)A prime contractor must not transport goods by road 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:
(a) for a package — $500
(b) for a unit load — $1,500
(2)A prime contractor must not transport dangerous goods by road 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:
(a) for a package — $500
(b) for a unit load — $1,500
(3)A prime contractor must not transport goods by road 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:
(a) for a package — $500
(b) for a unit load — $1,500
(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; 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.(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 are placarded in accordance with Chapter 7 of the ADG Code.
(1) A person must not consign a placard load of dangerous goods for transport by road unless the load is appropriately placarded.
Penalty: $3,000
(2)A person must not consign a placard load of dangerous goods for transport by road if the placarding of the load is false or misleading in a material particular.
Penalty: $3,000
(3)A person must not consign goods for transport by road in a load that does not contain dangerous goods but is placarded as if it were a placard load.
Penalty: $3,000
(1)A person who loads dangerous goods for transport by road must appropriately placard the load if the person knows, or reasonably ought to know, that the goods are a placard load.
Penalty: $3,000
(2)A person who loads a placard load of dangerous goods for transport by road 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: $3,000
(3) A person who loads goods for transport by road must not placard the load if the person knows, or reasonably ought to know, that the load does not contain dangerous goods.
Penalty: $3,000
(1)A prime contractor must not transport dangerous goods by road 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: $3,000
(2) A prime contractor must not transport a placard load of dangerous goods by road 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: $3,000
(3)A prime contractor must not transport goods by road 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: $3,000
(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: $3,000
(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: $3,000
(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: $3,000
Note The design, construction, strength and roadworthiness of heavy vehicles is dealt with in the Road Transport Reform (Heavy Vehicles Standards) Regulations. There are penalties for failure to comply with those Regulations.
The owner of a vehicle must not use the vehicle, or permit it to be used, to transport dangerous goods by road unless the vehicle and its equipment comply with Chapter 8 of the ADG Code.
Penalty: $3,000
A person must not consign dangerous goods for transport by road 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: $3,000
A prime contractor must not use a vehicle to transport dangerous goods by road unless the vehicle and its equipment comply with Chapter 8 of the ADG Code.
Penalty: $3,000
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: $3,000
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: $3,000
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: $3,000
(1) This regulation applies to a person who is:
(a) the owner of a vehicle used to transport placard loads of dangerous goods by road; or
(b) a prime contractor responsible for the condition of the vehicle.
(2) The 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: $1,000
(1) This Part applies to dangerous goods if the goods are being, or are to be, transported by road 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 in a load with food or food packaging.
(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) However, the goods are not taken to be segregated in accordance with Chapter 9 if, under the Chapter or a determination under paragraph 1.18 (i), the goods are too dangerous to be transported on the same combination road vehicle as other goods transported on the vehicle.
(1) In this regulation:
permitted goods means:
(a) a fire-risk substance; or
(b) food or food packaging.
(2) Despite regulations 9.4, 9.5, 9.6 and 9.7, permitted goods may be transported on a vehicle with incompatible goods if the permitted goods are in the vehicle’s cabin for the driver’s personal use.
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 9.8.
Penalty:$3,000
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 9.8.
Penalty: $3,000
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 9.8.
Penalty: $3,000
A person must not drive a vehicle transporting dangerous goods 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 9.8.
Penalty:$1,000
(1) The Competent Authority may, on application made in accordance with regulation 17.1, 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, 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 is not greater than the risk involved in using a device or method complying with the Chapter to transport the goods by road.
(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.
A person must not consign dangerous goods for transport by road 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: $1,500
A person must not load dangerous goods on a vehicle for transport by road 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: $1,500
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: $1,500
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: $1,000
(1) This regulation applies to a transfer of dangerous goods if the transfer is made:
(a) in the transport of the goods by road 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: $1,500
A prime contractor must not use a vehicle to transport dangerous goods by road 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 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: $1,500
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: $1,500
This Division applies to a transfer of dangerous goods if the transfer is made:
(a) in the transport of the goods by road in bulk; and
(b) to or from a tank, or bulk container, on a vehicle.
(1) A person who transfers dangerous goods must, as far as practicable, ensure that the goods are transferred:
(a) if Chapter 10 of the ADG Code applies to the transfer — in accordance with the Chapter; and
(b) if the transfer of the goods is approved under regulation 10.9 — in accordance with the approval; and
(c) in every case — in a way that averts, eliminates or minimises risk.
Penalty: $1,500
(2) A person must not transfer dangerous goods if the person knows, or reasonably ought to know, that:
(a) the material of which the tank or container to which the goods are transferred, or the transfer equipment, is constructed is incompatible with the dangerous goods; or
(b) that tank or container contains incompatible goods.
Penalty: $1,500
(3) If dangerous goods leak, spill or accidentally escape during the transfer of the goods, the person transferring the goods:
(a) must immediately stop transferring the goods; and
(b) must take all practicable steps to avert, eliminate or minimise risk; and
(c) must not start transferring the goods again until the conditions causing the leak, spill or escape have been rectified.
Penalty: $1,500
(1) A person who uses a hose assembly to transfer dangerous goods must comply with Chapter 10 of the ADG Code.
Penalty: $3,000
(2) A person must not use a hose assembly to transfer dangerous goods if the hose assembly is damaged or defective to the extent that use of the hose assembly to transfer the goods involves a greater risk than the risk involved in using a hose assembly that is not damaged or defective.
Penalty: $3,000
(3) A person must not transfer dangerous goods if the person knows, or reasonably ought to know, that a hose assembly used in the transfer:
(a) has not been maintained in accordance with Chapter 10 of the ADG Code; or
(b) was not inspected or tested at the intervals, or in the way, required under the Chapter; or
(c) did not satisfy a test under the Chapter.
Penalty: $1,500
(1) The occupier of premises where dangerous goods are transferred must, as far as practicable, ensure that the goods are transferred:
(a) if Chapter 10 of the ADG Code applies to the transfer — in accordance with the Chapter; and
(b) if the transfer of the goods is approved under regulation 10.9 — in accordance with the approval; and
(c) in every case — in a way that averts, eliminates or minimises risk.
Penalty: $3,000
(2) The occupier of premises where dangerous goods are transferred must ensure that a hose assembly on the premises that is used, or intended to be used, for the transfer (other than a hose assembly brought onto the premises on the vehicle involved in the transfer):
(a) is maintained in accordance with Chapter 10 of the ADG Code; and
(b) is inspected and tested at the intervals, and in the way, required under the Chapter; and
(c) satisfies each test under the Chapter.
Penalty: $1,500
(3)The occupier must keep accurate records of all maintenance work, and each inspection and test, carried out on the hose assembly.
Penalty: $500
(1) A prime contractor must, as far as practicable, ensure that dangerous goods being transferred to or from a tank, or bulk container, on a vehicle used by the prime contractor are transferred:
(a) if Chapter 10 of the ADG Code applies to the transfer — in accordance with the Chapter; and
(b) if the transfer of the goods is approved under regulation 10.9 — in accordance with the approval; and
(c) in every case — in a way that averts, eliminates or minimises risk.
Penalty: $3,000
(2)A prime contractor must not use a vehicle to transport dangerous goods by road unless each hose assembly on the vehicle that is used, or intended to be used, for the transfer of dangerous goods:
(a) has been maintained in accordance with Chapter 10 of the ADG Code; and
(b) was inspected and tested at the intervals, and in the way, required under the Chapter; and
(c) satisfied each test.
Penalty: $1,500
(3)The prime contractor must keep accurate records of all maintenance work, and each inspection and test, carried out on the hose assembly.
Penalty: $500
(1) The Competent Authority may, on application made in accordance with regulation 17.1, approve the transfer of dangerous goods otherwise than in accordance with Chapter 10 of the ADG Code if the Authority considers that the risk involved in the transfer of the goods is not greater than the risk involved in the transfer of the goods in accordance with the Chapter.
(2) The approval of a transfer of dangerous goods may be subject to any condition necessary for the safe transfer of the goods.
A person must not include information in shipping documentation for the transport of dangerous goods by road that the person knows is false or misleading in a material particular.
Penalty: $3,000
Example of false information in shipping documentation: A person named as consignor of the dangerous goods if the person is not the consignor of the goods.
(1) A person must not consign dangerous goods for transport by road on a vehicle unless the prime contractor or driver of the vehicle has shipping documentation, complying with Chapter 11 of the ADG Code, for the goods.
Penalty: $1,000
(2) A person must not consign dangerous goods for transport by road if the person knows, or reasonably ought to know, that the goods will be divided into, and transported in, separate loads, unless subregulation (3) is complied with for each load.
Penalty: $1,000
(3) This subregulation is complied with for a load if the prime contractor, or the driver of the vehicle transporting the load, has been given separate shipping documentation, complying with Chapter 11 of the ADG Code, for the load.
The prime contractor must ensure that a person does not drive a vehicle used by the prime contractor to transport dangerous goods by road unless the person has been given shipping documentation, complying with Chapter 11 of the ADG Code, for the goods.
Penalty: $1,500
(1) The driver of a vehicle transporting dangerous goods by road must carry shipping documentation for the goods.
Penalty: $1,000
(1A) The driver of a vehicle transporting dangerous goods by road must not carry shipping documentation for the goods that the driver knows, or reasonably ought to know, does not comply with Chapter 11 of the ADG Code.
Penalty: $1,000.
(2) The driver of a vehicle transporting dangerous goods by road must carry the shipping documentation for the goods:
(a) if the goods are a placard load — in an emergency information holder complying with Chapter 11 of the ADG Code; and
(b) if the goods are not a placard load — in an emergency information holder complying with the Chapter or elsewhere in the vehicle’s cabin in a conspicuous location.
Penalty: $500
(3) The driver of a vehicle transporting dangerous goods by road must produce the shipping documentation for the goods for inspection by an authorised officer, or an officer of an emergency service, if the officer asks the driver to produce the documentation for inspection.
Penalty: $1,000
In this Division:
required emergency information means:
(a) emergency information complying with Chapter 11 of the ADG Code; or
(b) emergency information that is approved under regulation 11.9.
A person must not consign a placard load of dangerous goods for transport by road on a vehicle if the person knows, or reasonably ought to know, that the required emergency information is not on the vehicle.
Penalty: $1,000
A prime contractor must not use a vehicle to transport a placard load of dangerous goods by road unless:
(a) the vehicle is equipped with an emergency information holder complying with Chapter 11 of the ADG Code; and
(b) the required emergency information is in the holder.
Penalty: $1,500
(1)A person must not drive a vehicle transporting a placard load of dangerous goods by road unless:
(a) the vehicle is equipped with an emergency information holder complying with Chapter 11 of the ADG Code; and
(b) the required emergency information provided by the consignor of the goods, or by the prime contractor for the transport of the goods, is in the holder.
Penalty: $1,000
(2) The driver of a vehicle transporting a placard load of dangerous goods by road must ensure that the vehicle’s emergency information holder contains only:
(a) the required emergency information; and
(b) the shipping documentation for the goods.
Penalty: $500
(3) The driver of a vehicle transporting a placard load of dangerous goods by road must produce the required emergency information for inspection by an authorised officer, or an officer of an emergency service, if the officer asks the driver to produce the information for inspection.
Penalty: $1,000
The Competent Authority may, on application made in accordance with regulation 17.1 or on the Authority’s own initiative, approve emergency information that does not comply with Chapter 11 of the ADG Code if the Authority considers that use of the information would be as accurate, and at least as convenient and efficient, as information complying with the Chapter.
The owner of a vehicle must not use the vehicle, or allow the vehicle to be used, to transport a placard load of dangerous goods by road unless the vehicle is equipped with:
(a) fire extinguishers and portable warning devices complying with Chapter 12 of the ADG Code; and
(3) If, after considering any written statement made within the stated time, the Competent Authority reasonably believes that a ground exists to take the proposed action, the Authority may:
(a) if the proposed action is to cancel the determination or approval — cancel or vary the determination or approval; or
(b) if the proposed action is to cancel the licence — cancel or vary the licence or suspend it for not longer than 12 months; or
(c) if the proposed action is to suspend the licence for a stated period — suspend the licence for not longer than the stated period; or
(d) if the proposed action is to vary the determination, approval or licence in a stated way — vary the determination, approval or licence in that way.
(4) However, the Competent Authority may cancel or vary an oral approval given under regulation 10.9 by informing the person to whom the approval was given orally of the cancellation or variation and of the reasons for the cancellation or variation.
(1)The cancellation, suspension or variation of an administrative determination, approval (except an oral approval given under regulation 10.9) or licence by the Competent Authority takes effect on:
(a) the day when the person to whom the determination applies or the approval was given, or the licensee, is given written notice by the Authority of the cancellation, suspension or variation and of the reasons for the cancellation, suspension or variation; or
(b) a later day stated in the notice.
(2) The cancellation or variation of an oral approval given under regulation 10.9 by the Competent Authority takes effect on:
(a) the day when the person to whom the approval was given is informed orally, or given written notice, by the Authority of the cancellation or variation and of the reasons for the cancellation or variation; or
(b) a later day of effect of which the person is informed orally or in the notice.
(1) A person’s bulk driver licence is taken to be suspended if the person’s driving licence is not in force.
(2) A person’s bulk vehicle licence for a vehicle is taken to be suspended in relation to the vehicle if the vehicle is not registered.
(1) This regulation applies to any task involved in the transport of dangerous goods by road, including, for example:
(a) packing dangerous goods or marking packaged dangerous goods and unit loads;
(b) consigning dangerous goods;
(c) loading dangerous goods into or onto a vehicle, or into a container to be put in or on a vehicle;
(d) unloading dangerous goods;
(e) placarding containers and vehicles in or on which dangerous goods are transported;
(f) preparing shipping documentation;
(g) maintaining vehicles and equipment used in the transport of dangerous goods;
(h) driving a vehicle transporting dangerous goods;
(i) being the consignee of dangerous goods;
(j) following the appropriate procedures in accordance with these Regulations in a dangerous situation.
(2) A person who is responsible for management or control of the task must not employ, engage or permit someone else to perform the task unless the other person:
(a) has received, or is receiving, appropriate instruction and training to ensure that he or she is able to perform the task safely and in accordance with these Regulations; and
(b) is appropriately supervised in performing the task to ensure that he or she is able to perform the task safely and in accordance with these Regulations.
Penalty: $3,000
(1) The Competent Authority may, on application made in accordance with regulation 17.1, approve:
(a) a test of competence for drivers of vehicles transporting dangerous goods in bulk by road; or
(b) a training course for drivers of vehicles transporting dangerous goods in bulk by road.
(2) The Competent Authority may approve a test of competence only if the Authority considers that a person who passes the test, or completes the course, will have the skills and knowledge to perform the task to which the test or course relates safely and in accordance with these Regulations.
Note For other provisions about infringement notices, see section 38 of the Act.
(1) If an authorised officer reasonably believes that a person has committed an offence created by a provision mentioned in column 2 of Schedule 2, the officer may serve an infringement notice on the person for the offence.
(2) The penalty payable under the infringement notice by the person for the offence is specified:
(a) for a penalty payable by an individual — in column 3 of Schedule 2 for the offence; and
(b) for a penalty payable by a body corporate — in column 4 of Schedule 2 for the offence.
(3) The time within which the penalty must be paid is:
(a) 28 days after the day when the notice is served on the person; or
(b) if a reminder notice is given to the person — 28 days after the reminder notice is served on the person; or
(c) a longer time that may be allowed in writing by the authorised officer.
An infringement notice served by an authorised officer on a person for an offence must:
(a) be identified by a unique number; and
(b) specify the date of service of the notice; and
(c) specify the full name, or surname and initials, and address of the person; and
(d) give brief details of the offence, including:
(i) the date and approximate time of the offence; and
(ii) where the offence happened; and
(iii) the provision of these Regulations contravened; and
(e) specify the penalty for the offence payable under the notice; and
(f) specify the place where, and any method by which, the penalty may be paid; and
(g) specify the Competent Authority’s name and address; and
(h) contain the additional information required by regulation 21.3; and
(i) be signed by the authorised officer.
The infringement notice must inform the person that:
(a) the person may pay the penalty specified in the notice:
(i) by posting or delivering the payment to the place of payment specified in the notice; or
(ii) in any other way specified in the notice; and
(b) unless the notice is withdrawn, if the person pays the penalty within 28 days after the day when the notice is served on the person (or any longer time allowed in writing by the authorised officer):
(i) any liability of the person for the offence to which the notice relates will be discharged; and
(ii) the person will not be prosecuted in court for the offence; and
(iii) the person will not be taken to have been convicted of the offence; and
(c) if the person does not pay the penalty within that time, the person may be prosecuted in court for the offence; and
(d) if the person wishes a court to decide whether he or she is guilty of the offence, the person must notify the Competent Authority accordingly in writing within 28 days after the day when the notice is served on the person; and
(e) if the person notifies the Competent Authority in writing of that wish within the 28 days:
(i) the infringement notice may be withdrawn; and
(ii) he or she may be prosecuted in court for the offence; and
(f) if the person is prosecuted in court and found guilty of the offence, the person may be convicted of the offence and ordered to pay a penalty and costs, and be subject to any other order that the court makes.
(1) If an infringement notice is served by an authorised officer on a person for an offence and the penalty specified in the notice is not paid within 28 days after the day when the notice is served on the person, the officer may give a reminder notice to the person.
(2) The reminder notice must:
(a) include the information mentioned in paragraphs 21.2 (a) to (h); and
(b) contain the additional information required by regulation 21.5; and
(c) be signed by the authorised officer.
(1) The reminder notice must inform the person that:
(a) the time for payment of the penalty specified in the infringement notice has been extended; and
(b) the person may pay the penalty specified in the infringement notice:
(i) by posting or delivering the payment to the place of payment specified in the notice; or
(ii) in any other way specified in the notice; and
(c) unless the infringement notice is withdrawn, if the person pays the penalty within 28 days after the day when the reminder notice is served on the person (or any longer time allowed in writing by the authorised officer):
(i) any liability of the person for the offence to which the notices relate will be discharged; and
(ii) the person will not be prosecuted in court for the offence; and
(iii) the person will not be taken to have been convicted of the offence; and
(d) if the person does not pay the penalty within that time, the person may be prosecuted in court for the offence; and
(e) if the person wishes a court to decide whether he or she is guilty of the offence, the person must notify the Competent Authority in writing within 28 days after the day when the reminder notice is given to the person; and
(f) if the person notifies the Competent Authority in writing of that wish within the 28 days:
(i) the infringement notice may be withdrawn; and
(ii) he or she may be prosecuted in court for the offence; and
(g) if the person is prosecuted in court and found guilty of the offence, the person may be convicted of the offence and ordered to pay a penalty and costs, and be subject to any other order that the court makes.
(1) A notice withdrawing an infringement notice served on a person for an offence must:
(a) include the following information:
(i) the full name, or surname and initials, and address of the person;
(ii) the number of the notice;
(iii) the date of service of the notice; and
(b) state that the notice is withdrawn; and
(c) if an authorised officer intends to bring a prosecution against the person in a court for the offence — state that a prosecution may be brought against the person in a court for the offence.
(2) If the person has already paid the penalty specified in the notice, the Competent Authority must refund it.
Note Subsection 38 (3) of the Act permits an infringement notice to be withdrawn.
(1) This Part does not:
(a) require an infringement notice to be served on a person for an offence; or
(b) affect the liability of a person to be prosecuted for an offence if an infringement notice is not served on the person for the offence; or
(c) prevent the service of 2 or more infringement notices on a person for an offence; or
(d) affect the liability of a person to be prosecuted for an offence if the person does not comply with an infringement notice for the offence; or
(e) limit or otherwise affect the penalty that may be imposed by a court on a person convicted of an offence.
(2) However, if the person on whom an infringement notice is served for an offence pays the penalty specified in the notice:
(a) any liability of the person for the offence is discharged; and
(b) the person may not be prosecuted in a court for the offence; and
(c) the person is not taken to have been convicted of the offence.
This Part applies to the following decisions made by the Competent Authority:
(a) a decision under regulation 1.18 about an administrative determination;
(b) a decision under regulation 3.8, 4.25 or 4.26;
(c) a decision under regulation 4.27 about an administrative determination;
(d) a decision under regulation 6.5, 9.8, 10.9 or 11.9;
(e) a decision under regulation 13.7 about an administrative determination;
(f) a decision under regulation 18.11, 18.13, 18.21, 18.23, 18.33, 19.2, 19.4, 19.5 or 20.2.
(1) A person whose interests are affected by a decision may apply in writing to the Competent Authority for reconsideration of the decision.
(2) However, a person whose interests are affected by a decision under regulation 10.9 that is given orally may apply to the Competent Authority orally for reconsideration of the decision.
(1) An application must be made within:
(a) 28 days after the day when the person was informed of the decision by the Competent Authority; or
(b) a longer period allowed by the Authority, either before or after the end of the 28 days.
(2) The application must set out the grounds on which reconsideration of the decision is sought.
(3) However, if an application is made orally for reconsideration of a decision under regulation 10.9, the applicant must tell the Competent Authority of the grounds on which reconsideration of the decision is sought when the application is made.
(1) Within 28 days after receiving the application, the Competent Authority must reconsider the decision, and confirm, revoke or vary the decision.
(2)The Competent Authority must inform the applicant in writing of the result of the reconsideration and of the reasons for the result.
(3) However, the Competent Authority may tell an applicant mentioned in subregulation 22.3 (3) of the result of the reconsideration and of the reasons for the result.
Application may be made for review of a decision if:
(a) the decision has been reconsidered under regulation 22.4; and
(b) the person who applied for reconsideration of the decision was not an applicant mentioned in subregulation 22.3 (3).
Note For the review of decisions, see also section 5 of the Act.
The fees payable under these Regulations are prescribed in the following table:
1 | paragraph 4.24 (c) | 150 |
2 | paragraph 18.10 (2) (e) | 30 |
3 | paragraph 18.12 (2) (e) | 30 |
4 | subregulation 18.19 (3) | 80 |
5 | subregulation 18.22 (3) | 80 |
Note A fee prescribed in this table for a service may differ from the fee prescribed under a corresponding provision of another participating jurisdiction if the cost of providing the service is different in the other participating jurisdiction.
A person does not commit an offence against these Regulations if, within the period of 6 months after the commencement of this regulation, the person transports dangerous goods by road in accordance with the law about the transport of dangerous goods by road that was in force in this jurisdiction immediately before the commencement.
(1) This regulation applies to a determination (however described) if the determination:
(a) was made under a law about the transport of dangerous goods by road; and
(b) was in force in this jurisdiction immediately before the commencement of this regulation; and
(c) is a determination about something that may be determined under a provision (the
relevant provision ) of any of the following regulations:• regulation 1.18 (Determinations — dangerous goods)
• regulation 4.27 (Determinations — foreign approved tanks and IBCs)
• regulation 13.7 (Determinations — routes, areas, vehicles and times).
(2) The determination has effect for these Regulations as if it were a determination made by the Competent Authority under the relevant provision.
(3) Without limiting subregulation (2), the Competent Authority may record the determination in the register of determinations kept under regulation 1.21.
(4) Subregulation (3) does not apply to a determination if the determination was made on the application of a person and applies only to the person.
(1) This regulation applies to a determination (however described) if the determination:
(a) was made under a law of another participating jurisdiction about the transport of dangerous goods by road; and
(b) was in force in the other jurisdiction immediately before the commencement of this regulation; and
(c) is a determination about something that may be determined under a provision of the law of the other jurisdiction (the
corresponding provision ) corresponding to a provision of a regulation mentioned in paragraph 24.2 (1) (c).(2) Except for circumstances that do not exist in this jurisdiction, the determination has effect for these Regulations as if it were a determination made by the corresponding Competent Authority for the other jurisdiction under the corresponding provision.
(1) This regulation applies to an exemption (however described) if the exemption:
(a) was granted under a law about the transport of dangerous goods by road; and
(b) was in force in this jurisdiction immediately before the commencement of this regulation; and
(c) is an exemption from compliance with a provision of that law corresponding to a provision (the
relevant provision ) of these Regulations.(2) The exemption has effect for these Regulations as if it were an exemption granted by the Competent Authority from compliance with the relevant provision.
(3) Without limiting subregulation (2), the Competent Authority may record the exemption in the register of exemptions kept under regulation 16.2.
(1) This regulation applies to an exemption (however described) if the exemption:
(a) was granted under a law of another participating jurisdiction about the transport of dangerous goods by road; and
(b) was in force in the other jurisdiction immediately before the commencement of this regulation; and
(c) is an exemption from compliance with a provision of the law of the other jurisdiction (the
corresponding provision ) corresponding to a provision of these Regulations.(2) Except for circumstances that do not exist in this jurisdiction, the exemption has effect for these Regulations as if it were an exemption granted by the corresponding Competent Authority for the other jurisdiction from compliance with the corresponding provision.
(1) This regulation applies to an approval (however described) if the approval:
(a) was given under a law about the transport of dangerous goods by road; and
(b) was in force in this jurisdiction immediately before the commencement of this regulation; and
(c) is an approval of something that may be approved under a provision (the
relevant provision ) of any of the following regulations:• regulation 3.8 (Approvals — packaging design types)
• regulation 4.25 (Approvals — tank designs )
• regulation 4.26 (Approvals — IBC designs)
• regulation 6.5 (Approvals — unit loads)
• regulation 9.8 (Approvals — segregation)
• regulation 10.9 (Approvals — transfer of dangerous goods)
• regulation 11.9 (Approvals — emergency information)
• regulation 20.2 (Approvals — tests and training courses for drivers).
(2) The approval has effect for these Regulations as if it were an approval given by the Competent Authority under the relevant provision.
(3) Without limiting subregulation (2), the Competent Authority may record the approval in the register of approvals kept under regulation 17.10.
(1) This regulation applies to an approval (however described) if the approval:
(a) was given under a law of another participating jurisdiction about the transport of dangerous goods by road; and
(b) was in force in the other jurisdiction immediately before the commencement of this regulation; and
(c) is an approval of something that may be approved under a provision of the law of the other jurisdiction (the
corresponding provision ) corresponding to a provision of a regulation mentioned in paragraph 24.6 (1) (c).(2) Except for circumstances that do not exist in this jurisdiction, the approval has effect for these Regulations as if it were an approval given by the corresponding Competent Authority for the other jurisdiction under the corresponding provision.
(1) This regulation applies to a licence (however described) if the licence:
(a) was granted under a law about the transport of dangerous goods by road; and
(b) was in force in this jurisdiction immediately before the commencement of this regulation; and
(c) is a licence that may be granted under a provision of that law corresponding to either of the following regulations (the
relevant provision ):• regulation 18.11 (which is about bulk driver licences)
• regulation 18.21 (which is about bulk vehicle licences).
(2) The licence has effect for these Regulations as if it were a licence granted by the Competent Authority under the relevant provision.
(3) Without limiting subregulation (2), the Competent Authority may record the licence in the relevant register of licences kept under regulation 18.36.
(1) This regulation applies to a licence (however described) if the licence:
(a) was granted under a law of another participating jurisdiction about the transport of dangerous goods by road; and
(b) was in force in the other jurisdiction immediately before the commencement of this regulation; and
(c) is a licence that may be granted under a provision of the law of the other jurisdiction (the
corresponding provision ) corresponding to a provision of a regulation mentioned in paragraph 24.8 (1) (c).(2) Except for circumstances that do not exist in this jurisdiction, the licence has effect for these Regulations as if it were a licence granted by the corresponding Competent Authority for the other jurisdiction under the corresponding provision.
(regulation 1.13)
1 | regulation 3.2 |
2 | subregulation 3.11 (3) |
3 | subregulation 3.12 (3) |
4 | regulation 4.1 |
5 | regulation 4.2 |
6 | regulation 4.3 |
7 | subregulation 4.4 (1) |
8 | subregulation 4.5 (1) |
9 | regulation 4.7 |
10 | regulation 4.8 |
11 | regulation 4.9 |
12 | subregulation 4.10 (1) |
13 | subregulations 4.12 (1) and (3) |
14 | subregulation 4.14 (1) |
15 | subregulation 4.15 (1) |
16 | regulation 4.16 |
17 | regulation 4.17 |
18 | subregulation 4.18 (1) |
19 | subregulation 4.20 (1) |
20 | subregulation 4.22 (1) |
21 | subregulation 4.23 (1) |
22 | subregulation 5.1 (1) |
23 | subregulations 5.3 (1) and (3) |
24 | regulation 5.4 |
25 | regulation 6.1 |
26 | regulation 7.3 |
27 | regulation 8.1 |
28 | regulation 8.3 |
29 | regulation 8.5 |
30 | regulation 8.6 |
31 | subregulation 8.7 (3) |
32 | regulation 9.6 |
33 | subregulation 10.1 (2) |
34 | subregulations 10.5 (1) and (3) |
35 | subregulations 10.6 (1) and (2) |
36 | regulation 10.7 |
37 | regulation 10.8 |
38 | subregulation 11.2 (1) |
39 | regulation 11.3 |
40 | regulation 11.4, except subregulation (1A) |
41 | regulation 11.7 |
42 | regulation 11.8 |
43 | regulation 12.1 |
44 | regulation 12.2 |
45 | subregulation 12.3 (1) |
46 | subregulation 13.1 (2) |
47 | regulation 13.2 |
48 | subregulation 13.3 (3) |
49 | regulation 13.4 |
50 | regulation 13.5 |
51 | subregulations 13.6 (2) and (3) |
52 | regulation 13.8 |
53 | regulation 13.9 |
54 | subregulation 14.1 (2) |
55 | subregulations 14.2 (2) and (3) |
56 | subregulation 14.3 (2) |
57 | subregulations 14.4 (2) and (3) |
58 | subregulations 14.5 (2) and (3) |
59 | subregulation 14.6 (2) |
60 | subregulation 14.7 (2) |
61 | regulation 17.7 |
62 | subregulation 18.26 (1) |
63 | subregulations 18.28 (2) and (3) |
64 | regulation 18.30 |
65 | regulation 18.31 |
66 | regulation 18.34 |
67 | subregulation 18.38 (2) |
68 | subregulation 18.39 (2) |
(subregulations 21.1 (1) and (2))
1 | regulation 3.2 | 600 | 3,000 |
2 | subregulation 3.12 (3) | 300 | 1,500 |
3 | regulation 4.1 | 600 | 3,000 |
4 | regulation 4.2 | 600 | 3,000 |
5 | regulation 4.3 | 300 | — |
6 | subregulation 4.7 (2) | 600 | 3,000 |
7 | regulation 4.8 | 600 | 3,000 |
8 | subregulation 4.10 (1) | 600 | 3,000 |
9 | subregulation 4.14 (1) | 600 | 3,000 |
10 | subregulation 4.16 (2) | 600 | 3,000 |
11 | regulation 4.17 | 600 | 3,000 |
12 | subregulation 4.18 (1) | 600 | 3,000 |
13 | subregulation 5.1 (1) | 300 | 1,500 |
14 | subregulation 5.3 (3) | 600 | 3,000 |
15 | regulation 5.4 | 300 | — |
16 | subregulation 7.7 (1) | 600 | 3,000 |
17 | regulation 8.3 | 600 | 3,000 |
18 | regulation 8.5 | 600 | 3,000 |
19 | regulation 8.7 (3) | 200 | 1,000 |
20 | subregulation 10.7 (2) | 300 | 1,500 |
21 | subregulation 10.8 (2) | 300 | 1,500 |
22 | regulation 11.3 | 300 | 1,500 |
23 | subregulation 11.4 (1) | 200 | — |
24 | subregulation 11.4 (2) | 100 | — |
25 | regulation 11.7 | 300 | 1,500 |
26 | subregulation 11.8 (1) | 200 | — |
27 | subregulation 11.8 (2) | 100 | — |
28 | subregulation 11.8 (3) | 200 | — |
29 | regulation 12.1 | 600 | 3,000 |
30 | subregulation 12.3 (1) | 200 | 1,000 |
31 | subregulation 13.1 (2) | 100 | — |
32 | regulation 13.4 | 100 | — |
33 | regulation 13.5 | 200 | — |
34 | subregulation 13.6 (2) or (3) | 600 | — |
35 | regulation 13.8 | 300 | 1,500 |
36 | regulation 13.9 | 300 | — |
37 | subregulation 18.28 (2) | 100 | — |
38 | subregulation 18.28 (3) | 100 | 500 |
39 | regulation 18.30 | 100 | — |
40 | regulation18.31 | 100 | — |
41 | subregulation 18.39 (2) | 100 | 500 |
(regulation 1.4)
(a) an IBC of a design that is approved under regulation 4.26; or
(b) a foreign approved IBC.
(a) packaging of a design type that is approved under regulation 3.8; or
(b) foreign approved packaging.
(a) a tank of a design that is approved under regulation 4.25; or
(b) a foreign approved tank.
(a) means a system for attaching a bulk container to a vehicle; and
(b) includes all the components of the system.
(a) a prime mover and 2 or more trailers; or
(b) a rigid vehicle and 1 or more trailers.
(a) an ambulance, fire, police or other emergency service of a participating jurisdiction; or
(b) a unit of the Defence Force corresponding to a service mentioned in paragraph (a).
(a) a substance prepared or intended for human or animal consumption; and
(b) a substance (except dangerous goods) intended to be an ingredient of food.
(a) a food container; or
(b) any other container that actually contains food; or
(c) material designed or intended to be used in a food container.
(a) manufactured outside Australia; and
(b) ADR, IMO or RID approved.
(a) manufactured outside Australia; and
(b) marked with performance and specification markings complying with Chapter 3 of the ADG Code.
(a) manufactured outside Australia; and
(b) ADR, IMO or RID approved.
(a) if there are 2 or more hoses connected together — the connections between the hoses; and
(b) the attachment connecting the hose or hoses to the tank; and
(c) anything else (except the vehicle, bulk container or storage container) attached to the hose or hoses.
(a) for Division 3 of Part 18 — see regulation 18.6; and
(b) for Division 4 of Part 18 — see regulation 18.18; and
(c) for Division 5 of Part 18 — see regulation 18.29; and
(d) for Division 6 of Part 18 — see regulation 18.32; and
(e) for Part 19 — see regulation 19.1.
(a) for Division 3 of Part 18 — see regulation 18.6; and
(b) for Division 4 of Part 18 — see regulation 18.18; and
(c) for Division 5 of Part 18 — see regulation 18.29; and
(d) for Division 6 of Part 18 — see regulation 18.32; and
(e) for Part 19 — see regulation 19.1.
(a) this jurisdiction; or
(b) a State or the Northern Territory, unless the State or Territory is declared under regulation 1.30 not to be a participating jurisdiction.
(a) for a medical practitioner — a medical practitioner registered under State or Territory law; and
(b) for a vehicle — a vehicle registered under State or Territory law.
(a) 1 axle group, or a single axle, towards the rear of the trailer; and
(b) a means of attachment to a prime mover that, once attached, results in some of the load being imposed on the prime mover.
(a) means a container, except an IBC, that is used, or designed to be used, to transport dangerous goods in bulk in the form of a liquid or gas; and
(b) includes fittings, closures, and any other equipment, forming part of the container.
(a) issued by a person who conducted an approved test or training course; and
(b) stating that a person named in the certificate passed the test or completed the course.
(a) the UN Recommendations; or
(b) the UN Recommendations, Manual of Tests and Criteria.
The
1997 No. 241 | 10 Sept 1997 | Rr. 1.1 and 1.2: 10 Sept 1997
Remainder: 31 Mar 1998 ( | |
1999 No. 211 | 16 Sept 1999 | 1 Oct 1999 | — |
am. = amended rep. = repealed rs. = repealed and substituted | |
R. 1.1...................................... | rs. 1999 No. 211 |
R. 2.2...................................... | am. 1999 No. 211 |
R. 3.12................................... | am. 1999 No. 211 |
Heading to r. 4.9................... | rs. 1999 No. 211 |
R. 4.9...................................... | am. 1999 No. 211 |
R. 9.6...................................... | am. 1999 No. 211 |
R. 11.4................................... | am. 1999 No. 211 |
R. 11.8................................... | am. 1999 No. 211 |
R. 15.9................................... | am. 1999 No. 211 |
R. 21.3................................... | am. 1999 No. 211 |
R. 21.5................................... | am. 1999 No. 211 |
R. 23.1................................... | rs. 1999 No. 211 |
Schedule 1............................ | am. 1999 No. 211 |
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