Transport Operations (Road Use Management—Dangerous Goods) Regulation 2008 (QLD)
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Transport Operations (Road Use Management—Dangerous Goods) Regulation 2008
Part 1 Preliminary
Division 1 Introductory and application
1 Short title
This regulation may be cited as the Transport Operations (Road Use Management—Dangerous Goods) Regulation 2008.
2 Commencement
This regulation commences on 1 January 2009.
3 Main purposes of this regulation
(1)The main purposes of this regulation are—(a)to prescribe the obligations of persons involved in the transport of dangerous goods by road; and(b)to reduce as far as practicable the risks arising from the transport of dangerous goods by road; and(c)to give effect to the standards, requirements and procedures of the ADG Code as far as they apply to the transport of dangerous goods by road; and(d)to promote consistency between the standards, requirements and procedures applying to the transport of dangerous goods by road and those applying to other modes of transport.(2)In this section—obligation includes duty and requirement.
4 Regulation is dangerous goods regulation for the Act—Act, sch 4, definition dangerous goods regulation
This regulation is a dangerous goods regulation for the Act.
5 [Repealed]
6 Matters prescribed for particular exempt transport
(1)For section 151(2)(b)(ii) of the Act, the prescribed quantity for each type of dangerous goods is the quantity stated in the ADG Code, section 1.1.1.2(3)(a), table 1.1.1.2 for that type.(2)For section 151(2)(c)(i)(A) of the Act, the capacity prescribed is 500L.(3)For section 151(2)(c)(i)(B) of the Act, the quantity prescribed for a receptacle is 500kg.(4)For section 151(2)(c)(ii) of the Act, the following are prescribed as designated dangerous goods—(a)dangerous goods of UN class 1 (explosives), other than dangerous goods of UN division 1.4S;(b)dangerous goods of category A of UN division 6.2 (infectious substances);(c)dangerous goods of UN class 7 (radioactive material).(5)For section 151(2)(c)(iii) of the Act, the aggregate quantity must be worked out in the way provided for under schedule 4, definition aggregate quantity.(6)In this section—type, of dangerous goods, means a class or division of dangerous goods provided for in the ADG Code.
7 Special provisions for tools of trade and dangerous goods for private use
(1)This section applies to dangerous goods that—(a)are not transported in the course of a business of transporting goods but are transported by a person who intends to use them or so they may be used for a commercial purpose; and(b)are transported as part of a load that includes—(i)an aggregate quantity of dangerous goods of less than 500 that does not include any dangerous goods of UN division 2.1 (other than aerosols), UN division 2.3 or packing group I; or(ii)an aggregate quantity of dangerous goods of less than 250 that does include dangerous goods of UN division 2.1 (other than aerosols), UN division 2.3 or packing group I, provided that the dangerous goods of UN division 2.3 and packing group I together constitute less than 100 of the aggregate quantity.(2)This regulation other than subsections (3) to (5) does not apply to the transport of dangerous goods mentioned in subsection (1).(3)A person must not transport dangerous goods mentioned in subsection (1) unless each package in the load including the goods—(a)complies with the packaging requirements appropriate to the quantity of dangerous goods, as prescribed in part 4; and(b)is labelled and marked as prescribed in part 5, division 1; and(c)is loaded, secured, segregated, unloaded and otherwise transported in a way that ensures—(i)its packaging remains fit for its purpose; and(ii)risks are eliminated or, if it is not practicable to eliminate risks, are minimised to the greatest practicable extent.Maximum penalty—40 penalty units.
(4)If a load mentioned in subsection (1) contains dangerous goods of UN class 3, 4, 5 or 6 that together constitute more than 250 of the aggregate quantity of dangerous goods in the load, a person must not transport the load—(a)in the passenger compartment of a vehicle; or(b)in an enclosed space that is not separated from the passenger compartment of a vehicle.Maximum penalty—40 penalty units.
(5)If a load mentioned in subsection (1) contains dangerous goods of UN division 2.1, UN division 2.3 or packing group I that together constitute more than 50 of the aggregate quantity of dangerous goods in the load, a person must not transport the load—(a)in the passenger compartment of a vehicle; or(b)in any other enclosed space in the vehicle.Maximum penalty for subsection (5)—40 penalty units.
Division 2 Interpretation
8 Definitions
The dictionary in schedule 4 defines particular words used in this regulation.
9 Applying ADG Code to this regulation
For applying the ADG Code to this regulation, a reference in the code to competent authority in relation to the State is taken, if the context permits, to be a reference to the chief executive.
10 References to codes, standards and rules
(1)In this regulation, a reference to an instrument includes a reference to another instrument as applied or adopted by, or incorporated in, the first instrument.(2)In this section—instrument means a code, standard or rule, whether made in or outside Australia, relating to dangerous goods or transport by road or rail, and includes a provision of an instrument.
11 Inconsistency between regulation and codes etc.
(1)This section applies if—(a)this regulation applies, adopts or incorporates an instrument; and(b)there is an inconsistency between a provision of this regulation and the instrument as applied, adopted or incorporated.(2)The provision of this regulation prevails to the extent of the inconsistency.(3)Despite subsection (2), if a provision of the instrument uses a term that is defined in both the instrument and in this regulation, the provision must be interpreted as if the term had the meaning stated in the instrument, unless the contrary intention appears.(4)In this section—instrument means a code, standard or rule, whether made in or outside Australia, for dangerous goods or transport of dangerous goods by road.
12 References to determinations, exemptions, approvals and licences
In this regulation, a reference to—(a)a determination, exemption, approval, dangerous goods driver licence or dangerous goods vehicle licence; or(b)a corresponding determination, exemption, approval, dangerous goods driver licence or dangerous goods vehicle licence;includes a reference to the determination, exemption, approval or licence as amended.
13 References to amendment of determinations etc.
In this regulation, a reference to the amendment of—(a)a determination, exemption, approval, dangerous goods driver licence or dangerous goods vehicle licence; or(b)a corresponding determination, exemption, approval, dangerous goods driver licence or dangerous goods vehicle licence;includes a reference to an amendment by addition, omission or substitution.
Example of an amendment—
the addition of a new condition to an existing administrative determination
14 References to road
Each reference in this regulation to a road includes a reference to a road-related area.
15 References to load
For this regulation, all the goods in or on a vehicle are a single load, even if the vehicle is transporting more than 1 cargo transport unit.
16 Meaning of bulk container
(1)Bulk container means a container, with or without a liner or coating, that—(a)has a capacity of 1m3 or more; and(b)is intended for the transport of solid dangerous goods that are in direct contact with the container.(2)However, the following are not bulk containers—(a)a large packaging complying with the requirements of chapter 6.6 of the ADG Code;(b)an IBC;(c)a tank;(d)a tank vehicle;(e)other packaging complying with the requirements of chapter 6.1 or 6.3 of the ADG Code.
17 Meaning of intermediate bulk container
(1)Intermediate bulk container means a rigid or flexible portable packaging for the transport of dangerous goods that complies with the requirements of chapter 6.5 of the ADG Code and that—(a)has a capacity of not more than—(i)for solids of packing group I packed in a composite, fibreboard, flexible, wooden, or rigid plastics container—1,500L; or(ii)for solids of packing group I packed in a metal container—3,000L; or(iii)for solids or liquids of packing groups II and III—3,000L; and(b)is designed for mechanical handling.(2)However, rigid or flexible portable packaging complying with the requirements of chapter 6.1, 6.3 or 6.6 of the ADG Code is not an intermediate bulk container.
18 Meaning of multiple-element gas container
Multiple-element gas container means—(a)multimodal assemblies of cylinders, tubes or bundles of cylinders that are interconnected by a manifold and assembled within a framework; and(b)service equipment or structural equipment necessary for the transport of gases in the cylinders and tubes.
19 Meaning of tank
(1)Tank means—(a)a receptacle for dangerous goods; and(b)service equipment or structural equipment that enables the receptacle to transport the goods.(2)However, a receptacle for dangerous goods of UN class 2 is not a tank unless it has a capacity of more than 450L.(3)Also, the following are not tanks—(a)packaging complying with the requirements of chapter 6.1, 6.3 or 6.6 of the ADG Code;Notes—
1Chapter 6.1 of the ADG Code deals with drums, barrels, jerry cans, boxes, bags and composite packaging.2Chapter 6.3 of the ADG Code deals with packaging for infectious substances.(b)an IBC;(c)an MEGC;(d)a cylinder;(e)a pressure drum;(f)a tube;(g)a bulk container complying with the requirements of chapter 6.8 of the ADG Code.
20 When dangerous goods are packed in limited quantities
(1)Dangerous goods are packed in limited quantities if—(a)the goods are packed in accordance with chapter 3.4 of the ADG Code; and(b)the quantity of dangerous goods in each inner packaging or in each article is not more than the quantity stated, or referred to, in column 7 of the dangerous goods list for the goods.(2)For subsection (1)(a), goods can be packed in accordance with chapter 3.4 of the ADG Code only if the chapter permits the goods to be packed in accordance with it under section 3.4.1 of the ADG Code.
Division 3 Instruction and training
21 Instruction and training
(1)This section applies to any task involved in the transport of dangerous goods, including the following—(a)packing dangerous goods;(b)consigning dangerous goods;(c)loading dangerous goods;(d)unloading dangerous goods;(e)handling fumigated cargo transport units;(f)marking packages containing dangerous goods;(g)placarding placard loads;(h)preparing transport documentation;(i)maintaining vehicles and equipment used in the transport of dangerous goods;(j)driving a vehicle transporting dangerous goods;(k)being the consignee of dangerous goods;(l)following the appropriate procedures as prescribed by this regulation in a dangerous situation.(2)A person who is responsible for management or control of a task must not employ, engage or permit someone else (the worker) to perform the task unless the worker—(a)has received instruction, and has satisfactorily completed training, specific to the task; or(b)is—(i)receiving instruction and training specific to the task; and(ii)appropriately supervised in doing the task by a person who has received instruction, and has satisfactorily completed training, specific to the task;to enable the worker to do the task safely and in compliance with this regulation.
Maximum penalty—40 penalty units.
(3)A person must not manage, control or supervise a task unless the person has received instruction, and has satisfactorily completed training, specific to the task to enable the person to manage, control or supervise another person to perform the task safely and in compliance with this regulation.Maximum penalty—40 penalty units.
(4)Subsection (5) applies if a person responsible for managing or controlling a task claims that—(a)a person employed, engaged or permitted to do the task; or(b)a person who supervised a person employed, engaged or permitted to do the task;has received instruction, and has satisfactorily completed training, specific to the task.
(5)The chief executive may give the person responsible for managing or controlling the task a written notice requiring the person, within 14 days after receiving the notice, to give the chief executive written evidence of the instruction and the satisfactory completion of the training.(6)A person given a notice under subsection (5) must comply with the notice, unless the person has a reasonable excuse.Maximum penalty for subsection (6)—15 penalty units.
22 Approvals—tests and training courses for drivers
(1)The chief executive may, on application under section 171 or on the chief executive’s own initiative, approve—(a)a test of competence for drivers of vehicles transporting dangerous goods; or(b)a training course for drivers of vehicles transporting dangerous goods.(2)The chief executive may approve a test of competence or a training course only if the chief executive 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 compliance with this regulation.
Division 4 Goods suspected of being dangerous goods or goods too dangerous to be transported
23 Goods suspected of being dangerous goods or goods too dangerous to be transported
If it is not clear whether goods are dangerous goods or goods too dangerous to be transported, but a person suspects or ought reasonably to suspect that they are, the person must not consign or transport them until—(a)the goods have been classified in accordance with the ADG Code; or(b)a determination has been made that—(i)the goods are or are not dangerous goods; or(ii)the goods are or are not goods too dangerous to be transported.Maximum penalty—40 penalty units.
Division 5 Determinations
24 Determination about dangerous goods and packaging
(1)The chief executive may decide that goods are or are not—(a)dangerous goods; or(b)dangerous goods of a particular UN class, UN division or category; or(c)dangerous goods with a particular subsidiary risk; or(d)substances of a particular packing group; or(e)incompatible with particular dangerous goods.(2)The chief executive may decide that—(a)particular goods are or are not too dangerous to be transported; or(b)particular dangerous goods must not be or may be transported in or on the same cargo transport unit as other goods, whether or not dangerous goods; or(c)particular dangerous goods may or may not be transported in particular packaging, despite any prohibition or authorisation in the dangerous goods list.(3)A decision under subsection (1) or (2)—(a)is a determination for this regulation; and(b)must be made by written notice.Note—
A notice under subsection (3)(b) is declared to be subordinate legislation under the Statutory Instruments Regulation 2002, section 3(3) and schedule 1.(4)Subsection (3)(b) does not apply to an administrative determination.Note—
Section 172(1) provides for administrative determinations being given in writing.
25 Determinations about vehicles, routes, areas etc.
(1)The chief executive may decide that particular dangerous goods may be or must or must not be transported—(a)using a stated vehicle, or kind of vehicle; or(b)on a stated route; or(c)in or through a stated area; or(d)at a stated time; or(e)in quantities more than a stated amount; or(f)in stated packaging.(2)A decision under subsection (1)—(a)is a determination for this regulation; and(b)must be made by written notice.Note—
A notice under subsection (2)(b) is declared to be subordinate legislation under the Statutory Instruments Regulation 2002, section 3(3) and schedule 1.(3)Subsection (2)(b) does not apply to an administrative determination.Note—
Section 172(1) provides for administrative determinations being given in writing.
26 Administrative determinations—Act, sch 4, definition administrative determination
(1)A determination is an administrative determination if the determination—(a)is made on the application of a person; and(b)applies to—(i)the person; or(ii)the person and other persons named in the application.(2)A determination is also an administrative determination if the determination—(a)is made at the initiative of the chief executive; and(b)applies to 1 or more persons named in the determination; and(c)does not impose an obligation on a person, other than a condition that applies if action is taken on the basis of the determination.Notes—
1See part 17 for provisions dealing with administrative determinations, including applications for, and amendment of, administrative determinations.2Also, see chapter 3, part 1A of the Act.
27 Determinations may be subject to conditions
(1)In making a determination, the chief executive may impose any condition necessary for the safe transport of dangerous goods on the determination.(2)A person to whom a determination applies must not contravene a condition of the determination.Maximum penalty for subsection (2)—40 penalty units.
28 Effect of determinations on contrary obligations under this regulation
(1)If this regulation imposes an obligation on a person, and the person is authorised or permitted to act contrary to that obligation by a determination, the obligation must be read as if it stated that the person could fulfil the obligation by acting in compliance with the determination.(2)In this section—obligation includes duty and requirement.
29 Register of determinations
(1)The chief executive must—(a)keep a register of determinations; and(b)with other dangerous goods authorities, keep a central register of corresponding determinations.(2)A register kept under subsection (1) may have separate divisions for different kinds of determinations.(3)The chief executive must record each determination in the register kept under subsection (1)(a).(4)The chief executive must note the amendment, suspension or cancellation of a determination in the register kept under subsection (1)(a).(5)In this section—corresponding determination includes a determination under this regulation that the competent authorities panel has decided should have effect in 1 or more other participating jurisdictions.
30 Records of determinations
The record of a determination in the register kept under section 29(1)(a) must include—(a)the provisions of the determination; or(b)the following information—(i)for a determination other than an administrative determination—the title of the gazette and the date the determination is gazetted;(ii)the provisions of this regulation, and of the ADG Code, to which the determination relates;(iii)the dangerous goods, equipment, packaging, vehicle or other thing to which the determination relates.
31 Offence to do anything prohibited or regulated by a determination
(1)If a determination prohibits or regulates the doing of something, a person to whom the determination applies must not do the thing contrary to the determination.Maximum penalty—40 penalty units.
(2)It is a defence to a prosecution for an offence against subsection (1) that the person did not know, and could not reasonably have been expected to know, of the determination, or that the determination applied to the person.
Division 6 Non-participating jurisdictions
32 Declaration of non-participating jurisdictions
A State is not a participating jurisdiction if—(a)the Transport and Infrastructure Council decides the law of the State does not include provisions having the same, or substantially the same, effect as the model legislation under the National Transport Commission (Model Legislation—Transport of Dangerous Goods by Road or Rail) Regulations 2007; and(b)the Minister, by gazette notice, declares the State is not a participating jurisdiction.
Part 2 Key concepts
33 Dangerous goods—Act, sch 4, definition dangerous goods
(1)Goods are dangerous goods if—(a)the chief executive has made a determination that the goods are dangerous goods; or
(b)the goods satisfy the criteria stated, or referred to, in part 2 of the ADG Code.(2)However, goods that satisfy the criteria stated, or referred to, in part 2 of the ADG Code are not dangerous goods if—(a)the chief executive has made a determination that the goods are not dangerous goods; or(b)the goods are described as not subject to the ADG Code in a special provision in chapter 3.3 of the ADG Code that is applied to the goods by column 6 of the dangerous goods list.
34 Goods too dangerous to be transported—Act, sch 4, definition goods too dangerous to be transported
Goods are too dangerous to be transported if—(a)they are goods stated or described in appendix A to the ADG Code; or(b)the chief executive has made a determination that they are goods too dangerous to be transported; or(c)they are goods, other than goods mentioned in paragraph (a) or (b), that are so sensitive or unstable that they can not be safely transported even if the relevant requirements of this regulation and the ADG Code are complied with.
35 UN classes, UN divisions and categories of dangerous goods
In this regulation, the UN class, UN division or category of particular dangerous goods is—(a)if a determination that the goods are of a particular UN class, UN division or category is in effect—the UN class, UN division or category stated in the determination; or(b)otherwise—the UN class, UN division or category for the goods worked out using the ADG Code.Notes—
1There are 9 classes of dangerous goods under the UN classification system and some of the classes are divided into divisions and some of the divisions are divided into categories. For example, UN division 6.2 (infectious substances) is divided into—(a)category A (substances transported in a form that, if exposure occurs, can cause permanent disability or life-threatening or fatal disease to humans or animals); and(b)category B (others).2For the UN class or UN division for dangerous goods listed in the dangerous goods list, see column 3 of the list and any special provision of chapter 3.3 of the ADG Code applied to the goods under column 6 of the list.3For the category of dangerous goods listed in the dangerous goods list, see part 2 of the ADG Code and any special provision of chapter 3.3 of the code applied to the goods under column 6 of the list.
36 Subsidiary risk
In this regulation, the subsidiary risk of particular dangerous goods is—(a)if a determination that the goods have a particular subsidiary risk is in effect—the subsidiary risk stated in the determination; or(b)otherwise—the subsidiary risk (if any) for the goods worked out using the ADG Code.Notes—
1If dangerous goods are able to be assigned to more than one UN class (or more than one UN division), the goods are assigned a subsidiary risk which is the other UN class or classes (or UN division or divisions) to which the goods also belong.2For the subsidiary risk of dangerous goods listed in the dangerous goods list, see column 4 of the list and any special provision of chapter 3.3 of the ADG Code applied to the goods under column 6 of the list.
37 Packing groups
In this regulation, the packing group of particular dangerous goods is—(a)if a determination that the goods are of a particular packing group is in effect—the packing group stated in the determination; or(b)otherwise—the packing group (if any) for the goods worked out using the ADG Code.Notes—
1Dangerous goods are assigned to a packing group to indicate the degree of danger, and the level of containment required, for the goods. The packing groups, and the degree of danger they indicate, are—•packing group I (substances presenting high danger)•packing group II (substances presenting medium danger)•packing group III (substances presenting low danger).2For the packing group of dangerous goods listed in the dangerous goods list, see column 5 of the list and any special provision of chapter 3.3 of the ADG Code applied to the goods under column 6 of the list.
38 Incompatibility
(1)Dangerous or other goods are incompatible with dangerous goods if—(a)the goods are incompatible with the dangerous goods under chapter 9.1 of the ADG Code; or(b)the chief executive has made a determination that the goods are incompatible with the dangerous goods; or(c)when the goods are mixed, or otherwise brought into contact, with the dangerous goods, the goods are likely to interact with the dangerous goods and increase risk because of the interaction.(2)Packaging or equipment for use in the transport of dangerous goods is incompatible with the dangerous goods if a component of the packaging or equipment that is intended or likely to come into contact with the dangerous goods during transport—(a)is likely to interact with the dangerous goods and increase risk because of the interaction; and(b)is not protected from contact under foreseeable circumstances by a protective coating or by another effective way.
Part 3 Transport of dangerous goods to which special provisions apply
39 Application of pt 3
This part applies if a special provision prohibits the transport of dangerous goods or imposes a restriction on the way dangerous goods are to be transported.
40 Definition for pt 3
In this part—special provision means a special provision of chapter 3.3 of the ADG Code applying to dangerous goods under column 6 of the dangerous goods list.
41 Duty of consignor
A person must not consign dangerous goods for transport if the person knows, or ought reasonably to know, that—(a)a special provision applies to the transport of the goods; and(b)the transport of the goods does not, or will not, comply with the special provision.Maximum penalty—20 penalty units.
42 Duty of packer
A person must not pack dangerous goods for transport if the person knows, or ought reasonably to know, that—(a)a special provision applies to the transport of the goods; and(b)the transport of the goods does not, or will not, comply with the special provision.Maximum penalty—20 penalty units.
43 Duty of loader
A person must not load dangerous goods on to a vehicle for transport if the person knows, or ought reasonably to know, that—(a)a special provision applies to the transport of the goods; and(b)the transport of the goods does not, or will not, comply with the special provision.Maximum penalty—20 penalty units.
44 Duty of prime contractor
A prime contractor must not transport dangerous goods if the prime contractor knows, or ought reasonably to know, that—(a)a special provision applies to the transport of the goods; and(b)the transport of the goods does not comply with the special provision.Maximum penalty—20 penalty units.
45 Duty of driver
A person must not drive a vehicle transporting dangerous goods if the person knows, or ought reasonably to know, that—(a)a special provision applies to the transport of the goods; and(b)the transport of the goods does not comply with the special provision.Maximum penalty—10 penalty units.
Part 4 Packaging
Division 1 General
46 Part does not apply to dangerous goods packed in limited quantities
Dangerous goods packed in limited quantities do not need to be packed as required by this part.
47 References to part 4 of the ADG Code include dangerous goods list requirements
In this part, a reference to dangerous goods being packed in accordance with a provision in part 4 of the ADG Code must be read as including a reference to the goods being packed in accordance with each packing requirement stated for the goods in the dangerous goods list.
Division 2 Suitability and design of packaging
48 Unsuitability of packaging for transport
(1)Packaging is unsuitable for the transport of dangerous goods if—(a)it is required to undergo performance tests under part 6 of the ADG Code, and it is not approved packaging; or(b)it does not meet relevant standards or requirements of part 4 or 6 of the ADG Code (including requirements about inspection, maintenance and repair); or(c)its use, or re-use, for the transport of the goods does not comply with part 4 or 6 of the ADG Code; or(d)its use for the transport of the goods is prohibited by, or does not comply with, a determination; or(e)it is incompatible with the goods; or(f)it is damaged or defective to the extent that it is not safe to use to transport the goods.(2)A freight container is also unsuitable for use as a bulk container for the transport of dangerous goods if it does not have affixed to it a safety approval plate as required under the International Convention for Safe Containers, 1972.
49 Marking packaging
(1)A person must not apply a marking required by part 6 of the ADG Code on packaging if the packaging is not of a design approved under section 51.Maximum penalty—40 penalty units.
(2)A person must not apply a marking mentioned in part 6 of the ADG Code on packaging if the marking is not appropriate for the packaging.Maximum penalty—40 penalty units.
50 Applications for approval of packaging design
(1)This section applies to packaging that is required to undergo performance tests under part 6 of the ADG Code.Examples of packaging required to undergo performance tests under part 6 of the ADG Code—
portable tanks, MEGCs, tanks on tank vehicles, pressure receptacles, aerosol dispensers, IBCs, bulk containers and drums, barrels, jerry cans, boxes, bags, composite packagingExamples of kinds of performance tests required under part 6 of the ADG Code—
drop, leakproofness, hydraulic and stacking tests(2)A person may apply to the chief executive for the approval of a design of packaging to which this section applies for use in the transport of dangerous goods.(3)An application for approval must—(a)be made under section 171; and(b)include sufficient information to enable the chief executive to decide the matters mentioned in section 51(1).
51 Approval of packaging design
(1)The chief executive may, on application under section 50, approve a design of packaging for use in the transport of dangerous goods if the chief executive is satisfied a packaging of the design—(a)will comply with, or is permitted by, part 6 of the ADG Code; and(b)satisfies all the relevant testing and inspection requirements of part 6 of the ADG Code.(2)In deciding whether packaging of a particular design satisfies a particular testing requirement, the chief executive may rely on a test certificate or report issued by a recognised testing facility and complying with section 53.(3)In giving an approval under subsection (1), the chief executive may impose on the approval any condition about the construction, packing, maintenance or use of a packaging manufactured in accordance with the design necessary for the safe use of the packaging to transport dangerous goods.(4)A person must not construct, pack or fail to maintain packaging for use in the transport of dangerous goods, or use packaging to transport dangerous goods, if the person knows, or ought reasonably to know, that—(a)a condition about the construction, packing, maintenance or use of the packaging was imposed on the approval of the design for the packaging; and(b)the construction, packing, failure to maintain, or use is in contravention of the condition.Maximum penalty for subsection (4)—40 penalty units.
52 Recognised testing facilities
Each of the following is a recognised testing facility for a packaging design type—(a)a testing facility registered by NATA to conduct performance tests under part 6 of the ADG Code for the packaging design type;(b)if NATA has not registered a testing facility to conduct performance tests of a kind mentioned in paragraph (a)—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 a kind mentioned in paragraph (a).
53 Test certificates and reports
(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, a test certificate, or report on the test, must—(a)contain the details required under the relevant chapter of part 6 of the ADG Code; and(b)be in the appropriate form used by testing facilities registered by NATA.(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 chief executive; and(b)a test certificate, or report on the test, must contain the details required under the relevant chapter of part 6 of the ADG Code.
54 Approval of overpack preparation method
(1)The chief executive may, on application under section 171, approve a method of preparing an overpack for transport that does not comply with section 5.1.2 of the ADG Code if the chief executive considers that the risk involved in using the method is not greater than the risk involved in using a method complying with the section.(2)In giving an approval under subsection (1), the chief executive may impose on the approval any condition about the use of the overpack necessary for the safe use of the overpack to transport dangerous goods.(3)A person must not use an overpack to transport dangerous goods if the person knows, or ought reasonably to know, that—(a)a condition about the use of the overpack was imposed on the approval of the method of preparing the overpack; and(b)the use is in contravention of the condition.Maximum penalty for subsection (3)—40 penalty units.
55 Authorised entity may issue approvals
(1)The chief executive may authorise an entity to issue approvals under section 51 or 54.(2)In giving an authorisation under subsection (1), the chief executive may impose on the authorisation any condition the chief executive considers appropriate for the issuing of approvals by the entity.(3)In issuing an approval, in addition to complying with any condition imposed under subsection (2), the entity must—(a)comply with any relevant requirements of part 6 of the ADG Code about the issuing of the approval; and(b)give the chief executive all of the information mentioned in section 179(b) about the approval.(4)If an entity is authorised to issue approvals under this section—(a)sections 50, 51 and 54 apply as if a reference in the sections to the chief executive were a reference to the entity; and(b)part 17, division 1, to the extent that it deals with approvals, applies as if a reference in the division to the chief executive were a reference to the entity.(5)An approval issued by an entity under this section—(a)is taken to be an approval issued by the chief executive; and(b)may be amended, suspended or cancelled by the chief executive under the Act.Note—
See chapter 3, part 1A of the Act.(6)The chief executive may withdraw an authorisation given under this section at any time.(7)The withdrawal of an authorisation under subsection (6) does not affect an approval issued by the entity before the withdrawal took effect.
Division 3 Prohibition on the sale or supply of noncompliant packaging
56 Offence to sell or supply noncompliant packaging
A person must not sell, supply, or offer to sell or supply, packaging for use in the transport of particular dangerous goods unless—(a)it is packaging of a design that has been approved under section 51, and it is marked in accordance with part 6 (or, if applicable, chapter 3.4) of the ADG Code, and, according to the marking, its use is appropriate for the goods; or(b)it complies with the relevant requirements of parts 4 and 6 (or, if applicable, chapter 3.4) of the ADG Code (including any relevant marking requirements) and its use is appropriate for the goods.Maximum penalty—40 penalty units.
Division 4 Offences about general packaging
57 Definition for div 4
In this division—general packaging means all packaging (including large packagings and IBCs) other than portable tanks, demountable tanks, MEGCs, bulk containers, freight containers, tanks on tank vehicles and overpacks.
58 Duty of consignor
A person must not consign dangerous goods for transport in general packaging if the person knows, or ought reasonably to know, that—(a)the packaging is unsuitable for the transport of the goods; or(b)the goods have not been packed in the packaging in accordance with a relevant provision of part 4 of the ADG Code.Maximum penalty—40 penalty units.
59 Duty of packer
(1)A person must not pack dangerous goods for transport in general packaging if the person knows, or ought reasonably to know, that the packaging is unsuitable for the transport of the goods.Maximum penalty—40 penalty units.
(2)A person must not pack dangerous goods for transport in general packaging in a way that the person knows, or ought reasonably to know, does not comply with a relevant provision of part 4 of the ADG Code.Maximum penalty—40 penalty units.
60 Duty of loader
A person must not load dangerous goods that are in general packaging on to a vehicle for transport if the person knows, or ought reasonably to know, that the packaging is damaged or defective to the extent that it is not safe to use to transport the goods.Maximum penalty—40 penalty units.
61 Duty of prime contractor
A prime contractor must not transport dangerous goods in general packaging if the prime contractor knows, or ought reasonably to know, that the packaging is damaged or defective to the extent that it is not safe to use to transport the goods.Maximum penalty—40 penalty units.
62 Duty of driver
A person must not drive a vehicle transporting dangerous goods in general packaging if the person knows, or ought reasonably to know, that the packaging is damaged or defective to the extent that it is not safe to use to transport the goods.Maximum penalty—20 penalty units.
Division 5 Offences about other packaging
63 Definition for div 5
In this division—other packaging means portable tanks, demountable tanks, MEGCs, bulk containers, freight containers and tanks on tank vehicles.
64 Approval required for attaching compliance plate
A person must not attach a compliance plate, or something that purports to be a compliance plate, to a tank, MEGC or tank vehicle unless the tank, MEGC or tank vehicle is approved under section 51.Maximum penalty—40 penalty units.
65 Duty of manufacturers about compliance plates for portable tanks, MEGCs and tank vehicles
(1)A person who manufactures a portable tank or an MEGC for use in the transport of dangerous goods must attach a compliance plate to the tank or MEGC in accordance with chapter 6.7 of the ADG Code.Maximum penalty—40 penalty units.
(2)Subsection (1) does not apply to a person who manufactures a portable tank if—(a)chapter 6.7 of the ADG Code permits the marking of the tank instead of the attachment of a compliance plate; and(b)the tank is marked as required by that chapter.(3)A person who manufactures a tank vehicle for use in the transport of dangerous goods must attach a compliance plate to the vehicle in accordance with section 6.9.2.2 of the ADG Code.Maximum penalty for subsection (3)—40 penalty units.
66 Duty of owners of portable tanks, demountable tanks, MEGCs and tank vehicles
The owner of a portable tank, a demountable tank, an MEGC or a tank vehicle must not use the tank, MEGC or tank vehicle, or permit the tank, MEGC or tank vehicle to be used, to transport dangerous goods if the tank, MEGC, or the tank on the tank vehicle, is unsuitable for the transport of the goods.Maximum penalty—40 penalty units.
67 Duty of consignor
(1)A person must not consign dangerous goods for transport in other packaging provided by the person if—(a)the packaging is unsuitable for the transport of the goods; or(b)the goods have not been packed in the packaging in accordance with a relevant provision of part 4 of the ADG Code.Maximum penalty—40 penalty units.
(2)A person must not consign dangerous goods for transport in other packaging that was provided by another person if—(a)the packaging is unsuitable for the transport of the goods; or(b)the goods have not been packed in the packaging in accordance with a relevant provision of part 4 of the ADG Code.
Maximum penalty—40 penalty units.
68 Duty of packer
(1)A person must not pack dangerous goods for transport in other packaging if the person knows, or ought reasonably to know, that the packaging is unsuitable for the transport of the goods.Maximum penalty—40 penalty units.
(2)A person must not pack dangerous goods for transport in other packaging in a way that the person knows, or ought reasonably to know, does not comply with a relevant provision of part 4 of the ADG Code.Maximum penalty—40 penalty units.
69 Duty of loader
A person must not load dangerous goods that are in other packaging on to a vehicle for transport if the person knows, or ought reasonably to know, that the packaging is unsuitable for the transport of the goods.Maximum penalty—40 penalty units.
70 Duty of prime contractor
(1)A prime contractor must not transport dangerous goods in other packaging provided by the prime contractor if—(a)the packaging is unsuitable for the transport of the goods; or(b)the goods have not been packed in the packaging in accordance with a relevant provision of part 4 of the ADG Code.Maximum penalty—40 penalty units.
(2)A prime contractor must not transport dangerous goods in other packaging provided by another person if the prime contractor knows, or ought reasonably to know, that—(a)the packaging is unsuitable for the transport of the goods; or(b)the goods have not been packed in the packaging in accordance with a relevant provision of part 4 of the ADG Code.Maximum penalty—40 penalty units.
71 Duty of driver
A person must not drive a vehicle transporting dangerous goods in other packaging if the person knows, or ought reasonably to know, that—(a)the packaging is unsuitable for the transport of the goods; or(b)the goods have not been packed in the packaging in accordance with a relevant provision of part 4 of the ADG Code.Maximum penalty—40 penalty units.
Division 6 Offences about overpacks
72 Duty of consignor
A person must not consign dangerous goods for transport in an overpack if the preparation of the overpack and its contents does not comply with either—(a)section 5.1.2 of the ADG Code; or(b)an approval under section 54.Maximum penalty—20 penalty units.
73 Duty of packer
A person must not pack dangerous goods for transport in an overpack if the person knows, or ought reasonably to know, that the packing of the packages into the overpack, or the preparation of the overpack or its contents, does not comply with either—(a)section 5.1.2 of the ADG Code; or(b)an approval under section 54.Maximum penalty—20 penalty units.
74 Duty of loader
A person must not load dangerous goods in an overpack on to a vehicle for transport if the person knows, or ought reasonably to know, that the preparation of the overpack and its contents does not comply with either—(a)section 5.1.2 of the ADG Code; or(b)an approval under section 54.Maximum penalty—20 penalty units.
75 Duty of prime contractor
A prime contractor must not transport dangerous goods in an overpack if the prime contractor knows, or ought reasonably to know, that the preparation of the overpack and its contents does not comply with either—(a)section 5.1.2 of the ADG Code; or(b)an approval under section 54.Maximum penalty—20 penalty units.
76 Duty of driver
A person must not drive a vehicle transporting dangerous goods in an overpack if the person knows, or ought reasonably to know, that the preparation of the overpack and its contents does not comply with either—(a)section 5.1.2 of the ADG Code; or(b)an approval under section 54.Maximum penalty—15 penalty units.
Division 7 Chief executive’s performance testing powers
77 Requiring production of packaging for testing
(1)This section applies to a person who—(a)is—(i)a manufacturer of packaging used, or intended to be used, to transport dangerous goods; or(ii)the consignor or prime contractor for the transport of dangerous goods; and(b)has possession of, or control over, packaging of a design type used, or intended to be used, to transport dangerous goods.(2)The chief executive may, by signed notice, require the person to produce packaging manufactured or used by the person for performance testing to the chief executive or another person nominated in the notice (the nominated person).(3)The person must produce the packaging to the chief executive or nominated person within 14 days after the day the notice is given, unless before the end of that period the person delivers the packaging to another person for performance testing under an agreement with that other person.Maximum penalty for subsection (3)—15 penalty units.
78 Requiring evidence of performance tests
(1)This section applies to a person who is—(a)a manufacturer of packaging used, or intended to be used, to transport dangerous goods; or(b)a consignor for the transport of dangerous goods.(2)The chief executive may, by signed 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 part 6 of the ADG Code.(3)The person must produce the evidence to the chief executive within 14 days after the day the notice is given.Maximum penalty—15 penalty units.
(4)A test certificate or report under section 53 is evidence for this section.
Part 5 Consignment procedures
Division 1 Marking and labelling
79 Meaning of appropriately marked
(1)A receptacle, other than a cargo transport unit or an overpack, that has a capacity of more than 500 kilograms or litres is appropriately marked if it is marked and labelled in accordance with chapters 5.2 and 5.3.3 of the ADG Code.(2)Another package of dangerous goods, other than an overpack, is appropriately marked if it is marked and labelled in accordance with chapter 5.2 of the ADG Code.(3)An overpack is appropriately marked if it is marked and labelled in accordance with section 5.1.2 of the ADG Code.(4)A package of dangerous goods packed in limited quantities is also appropriately marked if it is marked and labelled in accordance with chapter 3.4 of the ADG Code.
79A Reference to label includes placard
In this division, a reference to a label includes a reference to a placard.
80 Duties of consignor
(1)A person must not consign dangerous goods for transport in a package if the package is not appropriately marked.Maximum penalty—
(a)for large packaging or an overpack—20 penalty units; or(b)in any other case—71/2 penalty units.(2)A person must not consign dangerous goods for transport in a package if a marking or label on the package about its contents is false or misleading in a material particular.Maximum penalty—
(a)for large packaging or an overpack—20 penalty units; or(b)in any other case—71/2 penalty units.(3)A person must not consign goods for transport in a package that does not contain dangerous goods but is marked or labelled as if it contained dangerous goods.Maximum penalty—
(a)for large packaging or an overpack—20 penalty units; or(b)in any other case—71/2 penalty units.(4)However, subsection (3) does not apply if the marking or labelling of the package complies with the requirements for the contents of the package of—(a)the ICAO technical instructions; or(b)the IMDG Code.
81 Duties of packer
(1)A person must not pack dangerous goods for transport in a package if the person knows, or ought reasonably to know, that the package is not, or will not be once the package is ready to be transported, appropriately marked.Maximum penalty—
(a)for large packaging or an overpack—20 penalty units; or(b)in any other case—71/2 penalty units.(2)A person who packs dangerous goods for transport in a package must not mark or label the package with a marking or label about its contents that the person knows, or ought reasonably to know, is false or misleading in a material particular.Maximum penalty—
(a)for large packaging or an overpack—20 penalty units; or(b)in any other case—71/2 penalty units.(3)A person who packs goods for transport in a package must not mark or label the package as if it contained dangerous goods if the person knows, or ought reasonably to know, that it does not contain dangerous goods.Maximum penalty—
(a)for large packaging or an overpack—20 penalty units; or(b)in any other case—71/2 penalty units.(4)However, subsection (3) does not apply if the marking or labelling of the package complies with the requirements for the contents of the package of—(a)the ICAO technical instructions; or(b)the IMDG Code.
82 Duties of prime contractor
(1)A prime contractor must not transport goods in a package if the prime contractor knows, or ought reasonably to know, that—(a)the goods are dangerous goods; and(b)the package is not appropriately marked.Maximum penalty—
(a)for large packaging or an overpack—20 penalty units; or(b)in any other case—71/2 penalty units.(2)A prime contractor must not transport dangerous goods in a package if the prime contractor knows, or ought reasonably to know, that a marking or label on the package about its contents is false or misleading in a material particular.Maximum penalty—
(a)for large packaging or an overpack—20 penalty units; or(b)in any other case—71/2 penalty units.(3)A prime contractor must not transport goods in a package that is marked or labelled as if it contained dangerous goods if the prime contractor knows, or ought reasonably to know, that the package does not contain dangerous goods.Maximum penalty—
(a)for large packaging or an overpack—20 penalty units; or(b)in any other case—71/2 penalty units.(4)However, subsection (3) does not apply if the marking or labelling of the package complies with the requirements for the contents of the package of—(a)the ICAO technical instructions; or(b)the IMDG Code.
Division 2 Placarding
83 When load must be placarded
(1)A load that contains dangerous goods must be placarded if—(a)it contains—(i)dangerous goods in a receptacle with a capacity of more than 500L; or(ii)more than 500kg of dangerous goods in a receptacle; or(b)it contains an aggregate quantity of dangerous goods of 250 or more and those goods include—(i)dangerous goods of UN division 2.1 that are not aerosols; or(ii)dangerous goods of UN division 2.3; or(iii)dangerous goods of packing group I; or(c)it contains dangerous goods of category A of UN division 6.2; or(d)it contains an aggregate quantity of dangerous goods of UN division 6.2 (other than category A) of 10 or more; or(e)it contains an aggregate quantity of dangerous goods of 1,000 or more.(2)However, a load that contains an aggregate quantity of dangerous goods of less than 2,000 does not need to be placarded if the load contains only the following dangerous goods—(a)goods packed in limited quantities;(b)goods that are bon bons, party poppers or sparklers;(c)goods that are domestic smoke detectors containing radioactive material;(d)goods that are lighters or lighter refills containing flammable gas;(e)goods that are fire extinguishers containing compressed gas or liquefied gas with a net mass of not more than 23kg;(f)2 or more goods mentioned in paragraphs (a) to (e).(3)Subsection (1)(a) does not apply to a dangerous good that is an article.
84 Meaning of placards and appropriately placarded
(1)A person placards a load that contains dangerous goods if the person affixes, stencils, prints or places a placard about the load on any thing that is being, or that is to be, used to transport the load.(2)A placard load is appropriately placarded if it is placarded in accordance with chapter 5.3 of the ADG Code.
85 Duties of consignor
(1)A person must not consign a placard load for transport if the load is not appropriately placarded.Maximum penalty—40 penalty units.
(2)A person must not consign a placard load for transport if the placarding of the load is false or misleading in a material particular.Maximum penalty—40 penalty units.
(3)A person must not consign goods for transport in or on a cargo transport unit that does not contain a placard load but is placarded as if it contained a placard load.Maximum penalty—40 penalty units.
(4)However, subsection (3) does not apply if the placarding of the cargo transport unit complies with the requirements for the contents of the cargo transport unit of—(a)the ICAO technical instructions; or(b)the IMDG Code.
86 Duties of loader
(1)A person must not load dangerous goods on to a vehicle for transport if the person knows, or ought reasonably to know, that—(a)the load is a placard load; and(b)the load is not appropriately placarded.Maximum penalty—40 penalty units.
(2)A person who loads a placard load on to a vehicle for transport must not placard the load with placarding that the person knows, or ought reasonably to know, is false or misleading in a material particular.Maximum penalty—40 penalty units.
(3)A person who loads goods on to a vehicle for transport must not placard the load as if it was a placard load if the person knows, or ought reasonably to know, that the load is not a placard load.Maximum penalty—40 penalty units.
(4)However, subsection (3) does not apply if the placarding of the load complies with the requirements for the contents of the load of—(a)the ICAO technical instructions; or(b)the IMDG Code.
87 Duties of prime contractor
(1)A prime contractor must not transport a load that contains dangerous goods if the prime contractor knows, or ought reasonably to know, that—(a)the load is a placard load; and(b)the load is not appropriately placarded.Maximum penalty—40 penalty units.
(2)A prime contractor must not transport a placard load if the prime contractor knows, or ought reasonably to know, that the placarding of the load is false or misleading in a material particular.Maximum penalty—40 penalty units.
(3)A prime contractor must not use a cargo transport unit that is placarded as if it contained a placard load if the prime contractor knows, or ought reasonably to know, that the cargo transport unit does not contain a placard load.Maximum penalty—40 penalty units.
(4)However, subsection (3) does not apply if the placarding of the cargo transport unit complies with the requirements for the contents of the cargo transport unit of—(a)the ICAO technical instructions; or(b)the IMDG Code.
88 Duties of driver
(1)A person must not drive a vehicle transporting a load that contains dangerous goods if the person knows, or ought reasonably to know, that—(a)the load is a placard load; and(b)the load is not appropriately placarded.Maximum penalty—30 penalty units.
(2)A person must not drive a vehicle transporting a placard load if the person knows, or ought reasonably to know, that the placarding of the load is false or misleading in a material particular.Maximum penalty—30 penalty units.
(3)A person must not drive a vehicle that is, or that incorporates, a cargo transport unit that is placarded as if it contained a placard load if the person knows, or ought reasonably to know, that the vehicle or cargo transport unit does not contain a placard load.Maximum penalty—30 penalty units.
Part 6 Safety standards for vehicles and equipment
89 Duty of owner
The owner of a vehicle must not use the vehicle, or permit it to be used, to transport dangerous goods if the vehicle or its equipment does not comply with chapter 4.4 of the ADG Code.Maximum penalty—40 penalty units.
90 Duty of consignor
A person must not consign dangerous goods for transport in or on a vehicle if the person knows, or ought reasonably to know, that the vehicle or its equipment does not comply with chapter 4.4 of the ADG Code.Maximum penalty—40 penalty units.
91 Duty of loader
A person must not load dangerous goods on to a vehicle for transport if the person knows, or ought reasonably to know, that the vehicle or its equipment does not comply with chapter 4.4 of the ADG Code.Maximum penalty—20 penalty units.
92 Duty of prime contractor
A prime contractor must not use a vehicle to transport dangerous goods if the vehicle or its equipment does not comply with chapter 4.4 of the ADG Code.Maximum penalty—40 penalty units.
93 Duty of driver
A person must not drive a vehicle transporting dangerous goods if the person knows, or ought reasonably to know, that the vehicle or its equipment does not comply with chapter 4.4 of the ADG Code.Maximum penalty—30 penalty units.
Part 7 Transport operations for particular dangerous goods
Division 1 Self-reactive substances, organic peroxides and particular other substances
94 Application of div 1
This division applies to the following types of dangerous goods—(a)gases of UN class 2;(b)self-reactive substances of UN division 4.1;(c)organic peroxides of UN division 5.2;(d)other substances for which—(i)the proper shipping name, within the meaning of the ADG Code, contains the word ‘stabilised’; and(ii)the self-accelerating decomposition temperature (as worked out under part 2 of the ADG Code) when presented for transport in a packaging is 50°C or lower;(e)toxic substances of UN division 6.1 or subsidiary risk 6.1;(f)infectious substances of UN division 6.2;(g)dangerous when wet substances of UN division 4.3.
95 Duty of consignor
A person must not consign dangerous goods to which this division applies for transport in or on a cargo transport unit if the person knows, or ought reasonably to know, that the goods are not loaded or stowed, or can not be transported or unloaded, in accordance with chapter 7.1 of the ADG Code.Maximum penalty—20 penalty units.
96 Duty of loader
A person must not load dangerous goods to which this division applies for transport in a cargo transport unit other than in accordance with chapter 7.1 of the ADG Code.Maximum penalty—20 penalty units.
97 Duties of prime contractor
(1)A prime contractor must not transport dangerous goods to which this division applies if the prime contractor knows, or ought reasonably to know, that the transport does not comply with chapter 7.1 of the ADG Code.Maximum penalty—20 penalty units.
(2)A prime contractor responsible for the transport of 1 or more packages of infectious substances of UN division 6.2 who becomes aware of damage to, or leakage from, the package or any of the packages must comply with section 7.1.7.2.2 of the ADG Code.Maximum penalty—20 penalty units.
98 Duty of driver
A person must not drive a vehicle transporting dangerous goods to which this division applies if the person knows, or ought reasonably to know, that the dangerous goods are not being transported in accordance with chapter 7.1 of the ADG Code.Maximum penalty—13 penalty units.
Division 2 Goods too dangerous to be transported
99 Application of div 2
This division applies to goods too dangerous to be transported.Note—
Section 161Q of the Act provides that a person must not consign for transport goods too dangerous to be transported.
100 Duty of loader
A person must not load goods for transport in or on a cargo transport unit if the person knows, or ought reasonably to know, that the goods are goods too dangerous to be transported.Maximum penalty—20 penalty units.
101 Duty of prime contractor
A prime contractor must not transport goods if the prime contractor knows, or ought reasonably to know, that the goods are goods too dangerous to be transported.Maximum penalty—20 penalty units.
102 Duty of driver
A person must not drive a vehicle transporting goods if the person knows, or ought reasonably to know, that the goods are goods too dangerous to be transported.Maximum penalty—13 penalty units.
Part 8 Stowage and restraint
103 Duties of consignor
(1)A person must not consign dangerous goods for transport in or on a vehicle if the person knows, or ought reasonably to know, that the goods or their packaging are not, or will not be, loaded, stowed and restrained in accordance with chapter 8.1 of the ADG Code.Maximum penalty—20 penalty units.
(2)A person must not consign dangerous goods for transport in or on a cargo transport unit if the person knows, or ought reasonably to know, that the cargo transport unit is not, or will not be, restrained in accordance with chapter 8.2 of the ADG Code.Maximum penalty—20 penalty units.
104 Duties of loader
(1)A person who loads dangerous goods for transport in or on a vehicle must load, stow and restrain the goods and their packaging in accordance with chapter 8.1 of the ADG Code.Maximum penalty—20 penalty units.
(2)A person who loads for transport in or on a vehicle dangerous goods that are in or on a cargo transport unit must restrain the cargo transport unit in accordance with chapter 8.2 of the ADG Code.Maximum penalty—20 penalty units.
105 Duties of prime contractor
(1)A prime contractor must not transport dangerous goods in or on a vehicle if the prime contractor knows, or ought reasonably to know, that the goods or their packaging have not been loaded or stowed, or are not restrained, in accordance with chapter 8.1 of the ADG Code.Maximum penalty—20 penalty units.
(2)A prime contractor must not transport dangerous goods in or on a cargo transport unit if the prime contractor knows, or ought reasonably to know, that the goods or their packaging are not restrained in accordance with chapter 8.2 of the ADG Code.Maximum penalty—20 penalty units.
106 Duties of driver
(1)A person must not drive a vehicle transporting dangerous goods if the person knows, or ought reasonably to know, that the goods or their packaging have not been loaded or stowed, or are not restrained, in accordance with chapter 8.1 of the ADG Code.Maximum penalty—13 penalty units.
(2)A person must not drive a vehicle transporting dangerous goods in or on a cargo transport unit if the person knows, or ought reasonably to know, that the goods or their packaging are not restrained in accordance with chapter 8.2 of the ADG Code.Maximum penalty—13 penalty units.
Part 9 Segregation
107 Application of pt 9
(1)This part applies to—(a)the transport of a placard load; and(b)the transport of a load that contains dangerous goods but is not a placard load if—(i)the load contains dangerous goods of UN division 2.3, UN class 6 or UN class 8, or dangerous goods that have a subsidiary risk of 6.1 or 8; and(ii)the load is being transported, or is to be transported, with food or food packaging.(2)Dangerous goods packed in limited quantities do not need to comply with this part.
108 Exception for particular goods for driver’s personal use
(1)Despite sections 109 to 112, food and food packaging may be transported in or on a vehicle with dangerous goods if the food or packaging is in the vehicle’s cabin and is for the driver’s personal use.(2)Despite sections 109 to 112, a fire-risk substance may be transported in or on a vehicle with dangerous goods if the fire-risk substance is in the vehicle’s cabin and is for the driver’s personal use.(3)In this section—fire-risk substance means a readily ignitable solid substance.Examples—
hay, sawdust, waste paper, wood chips
109 Duty of consignor
A person must not consign dangerous goods for transport in or on a vehicle if the person knows, or ought reasonably to know, that—(a)the vehicle is, in the same journey, transporting goods that are incompatible with the dangerous goods; and(b)the dangerous goods will not be segregated from the incompatible goods in accordance with either—(i)part 9 of the ADG Code; or(ii)an approval under section 113.Maximum penalty—40 penalty units.
110 Duty of loader
A person must not load dangerous goods for transport in or on a vehicle if the person knows, or ought reasonably to know, that—(a)the vehicle is, in the same journey, transporting goods that are incompatible with the dangerous goods; and(b)the dangerous goods will not be segregated from the incompatible goods in accordance with either—(i)part 9 of the ADG Code; or(ii)an approval under section 113.Maximum penalty—40 penalty units.
111 Duty of prime contractor
A prime contractor must not use a vehicle to transport dangerous goods if the prime contractor knows, or ought reasonably to know, that—(a)the vehicle is, in the same journey, transporting goods that are incompatible with the dangerous goods; and(b)the dangerous goods are not segregated from the incompatible goods in accordance with either—(i)part 9 of the ADG Code; or(ii)an approval under section 113.Maximum penalty—40 penalty units.
112 Duty of driver
A person must not drive a vehicle transporting dangerous goods if the person knows, or ought reasonably to know, that—(a)the vehicle is, in the same journey, transporting goods that are incompatible with the dangerous goods; and(b)the dangerous goods are not segregated from the incompatible goods in accordance with either—(i)part 9 of the ADG Code; or(ii)an approval under section 113.Maximum penalty—13 penalty units.
113 Approval of methods of segregation
(1)The chief executive may, on application made under section 171, approve a method of segregation not complying with part 9 of the ADG Code for transporting dangerous goods and goods that are incompatible with the dangerous goods, if the chief executive considers that—(a)it is impracticable to segregate the dangerous goods from the incompatible goods by a segregation device, or method of segregation, complying with that part; and(b)the risk involved in using the method to transport the goods is not greater than the risk involved in using a device or method complying with that part to transport the goods.(2)In giving an approval under subsection (1), the chief executive may impose on the approval any condition necessary for the safe transport of dangerous goods.(3)A person to whom an approval has been given under this section must not contravene a condition of the approval.Maximum penalty for subsection (3)—40 penalty units.
114 Approval of design of type II segregation devices
(1)This section provides for the approval of the design of a type II segregation device for the purposes of chapter 6.11 of the ADG Code.(2)A person may apply to the chief executive for the approval of a design for a type II segregation device for use in the transport of dangerous goods.(3)An application for approval must—(a)be made under section 171; and(b)include sufficient information to enable the chief executive to decide whether the design complies with chapter 6.11 of the ADG Code.(4)The chief executive may, on application under subsection (3), approve a design for a type II segregation device if the design complies with chapter 6.11 of the ADG Code.(5)In giving an approval under subsection (4), the chief executive may impose on the approval any condition necessary for the safe transport of dangerous goods.(6)A person to whom an approval has been given under this section must not contravene a condition of the approval.Maximum penalty for subsection (6)—40 penalty units.
Part 10 Bulk transfer of dangerous goods
Division 1 General
115 Definition for pt 10
In this part—bulk transfer means to transfer liquid, solid or gaseous goods—(a)by gravity, pump or pressure differential; and(b)using pipework or a hose; and(c)into or out of—(i)a tank vehicle; or(ii)a portable tank, demountable tank, bulk container, pressure drum, tube, MEGC or IBC that is on a vehicle.
Division 2 Equipment and transfer
116 Definitions for div 2
In this division—prescribed dangerous goods means—(a)dangerous goods of UN division 2.1 or subsidiary risk 2.1; or(b)dangerous goods of UN class 3 or subsidiary risk 3.prescribed way means—(a)for the bulk transfer of prescribed dangerous goods—a way that—(i)complies with chapter 10.2 of the ADG Code, to the extent the chapter is not inconsistent with subparagraph (ii); and(ii)ensures the distance between a source of ignition and any hose connection point is at least—(A)for dangerous goods of UN division 2.1 or subsidiary risk 2.1—10m; or(B)for dangerous goods of UN class 3 or subsidiary risk 3—8m; or(b)for the bulk transfer of other dangerous goods—a way that complies with chapter 10.2 of the ADG Code.
117 Duties of transferor—hose assemblies
(1)A person must not use a hose assembly for the bulk transfer of dangerous goods if the person knows, or ought reasonably to know, that the assembly is damaged or defective to the extent that it is not safe to use to transfer the goods.Maximum penalty—30 penalty units.
(2)A person must not use a hose assembly for the bulk transfer of dangerous goods if the person knows, or ought reasonably to know, that the hose assembly—(a)has not been constructed, assembled or maintained in accordance with chapter 10.1 of the ADG Code; or(b)has not been inspected or tested at the intervals, or in the way, required under that chapter; or(c)did not satisfy a test under that chapter.Maximum penalty—40 penalty units.
118 Duties of transferor—general
(1)A person must not bulk transfer dangerous goods unless the goods are transferred—(a)in the prescribed way; and(b)in a way that eliminates risk or, if it is not possible to eliminate risk, that minimises risk to the maximum extent that is practicable.Maximum penalty—20 penalty units.
(2)A person must not bulk transfer dangerous goods if the person knows, or ought reasonably to know, that—(a)the receptacle to which the goods are being or are to be transferred, or the equipment used or to be used to transfer the goods, is incompatible with the dangerous goods; or(b)the receptacle to which the goods are being or are to be transferred contains goods that are incompatible with the dangerous goods.Maximum penalty—20 penalty units.
(3)If dangerous goods leak, spill or escape during a bulk transfer, the person transferring the goods—(a)must immediately stop transferring the goods; and(b)must take steps to eliminate risk or, if it is not possible to eliminate risk, to minimise risk to the greatest practicable extent; and(c)must not start transferring the goods again until the conditions causing the leak, spill or escape have been rectified.Maximum penalty—20 penalty units.
(4)It is a defence to a prosecution for an offence against subsection (1) that the person complied with that subsection as far as practicable.(5)Subsection (4) does not apply in relation to a contravention of a requirement mentioned in section 116, definition prescribed way, paragraph (a)(ii).
119 Duties of occupier
(1)The occupier of premises where the bulk transfer of dangerous goods occurs must not keep on the premises a hose assembly for use in the transfer (other than a hose assembly brought on to the premises on the vehicle involved in the transfer) that—(a)has not been constructed, assembled and maintained in accordance with chapter 10.1 of the ADG Code; or(b)has not been inspected and tested at the intervals, and in the way, required under that chapter; or(c)did not satisfy a test under that chapter.Maximum penalty—20 penalty units.
(2)The occupier of premises where the bulk transfer of dangerous goods occurs must not transfer the goods, or permit the goods to be transferred, other than—(a)in the prescribed way; and(b)in a way that eliminates risk or, if it is not possible to eliminate risk, that minimises risk to the maximum extent that is practicable.Maximum penalty—40 penalty units.
(3)The occupier of premises where the bulk transfer of dangerous goods occurs must keep, in accordance with section 10.1.3.4 of the ADG Code, accurate records of all maintenance work, and each inspection and test, performed on the hose assembly.Maximum penalty—71/2 penalty units.
(4)It is a defence to a prosecution for an offence against subsection (2) that the person complied with that subsection as far as practicable.(5)Subsection (4) does not apply in relation to a contravention of a requirement mentioned in section 116, definition prescribed way, paragraph (a)(ii).
120 Duties of prime contractor
(1)A prime contractor must not use, or permit to be used, a hose assembly for the bulk transfer of dangerous goods (other than a hose assembly for which the prime contractor is not responsible) that—(a)has not been constructed, assembled and maintained in accordance with chapter 10.1 of the ADG Code; or(b)has not been inspected and tested at the intervals, and in the way, required under that chapter; or(c)did not satisfy a test under that chapter.Maximum penalty—20 penalty units.
(2)A prime contractor must not bulk transfer, or permit to be bulk transferred, dangerous goods unless the goods are transferred—(a)in the prescribed way; and(b)in a way that eliminates risk or, if it is not possible to eliminate risk, that minimises risk to the greatest practicable extent.Maximum penalty—40 penalty units.
(3)The prime contractor must keep, in accordance with section 10.1.3.4 of the ADG Code, accurate records of all maintenance work, and each inspection and test, performed on the hose assembly.Maximum penalty—71/2 penalty units.
(4)It is a defence to a prosecution for an offence against subsection (2) that the prime contractor complied with that subsection as far as practicable.(5)Subsection (4) does not apply in relation to a contravention of a requirement mentioned in section 116, definition prescribed way, paragraph (a)(ii).
Division 3 Filling ratio and ullage
121 Application of div 3
This division applies to, and in relation to, the bulk transfer of dangerous goods into a tank vehicle.
122 Duties of transferor
(1)A person must not bulk transfer dangerous goods into a tank of a tank vehicle if—(a)for dangerous goods of UN class 2 that are not in the form of refrigerated liquid—the quantity of the goods in the tank is more than the maximum permitted filling ratio stated in section 10.3.2 of the ADG Code; or(b)in any other case—the ullage in the tank does not comply with section 10.3.1 of the ADG Code.Maximum penalty—20 penalty units.
(2)Also, a person must not bulk transfer other goods into a tank (the other goods tank) of a tank vehicle if—(a)the person knows, or ought reasonably know, that the other goods tank or another tank of the tank vehicle—(i)is carrying dangerous goods; or(ii)is likely to carry dangerous goods before the other goods tank is emptied; and(b)the ullage in the other goods tank would not comply with section 10.3.1 of the ADG Code if the other goods were dangerous goods.Maximum penalty—20 penalty units.
123 Duties of prime contractor
(1)A prime contractor must not transport dangerous goods in a tank of a tank vehicle if—(a)for dangerous goods of UN class 2 that are not in the form of refrigerated liquid—the quantity of goods in the tank is more than the maximum permitted filling ratio stated in section 10.3.2 of the ADG Code; or(b)in any other case—the ullage in the tank does not comply with section 10.3.1 of the ADG Code.Maximum penalty—20 penalty units.
(2)Also, a prime contractor must not transport other goods in a tank (the other goods tank) of a tank vehicle if—(a)the prime contractor uses the other goods tank or another tank of the tank vehicle to transport dangerous goods at the same time; and(b)the ullage in the other goods tank would not comply with section 10.3.1 of the ADG Code if the other goods were dangerous goods.Maximum penalty—20 penalty units.
124 Duties of driver
(1)A person must not drive a tank vehicle that is transporting dangerous goods if the person knows, or ought reasonably to know, that—(a)for dangerous goods of UN class 2 that are not in the form of refrigerated liquid—the quantity of goods in the tank of the tank vehicle is more than the maximum permitted filling ratio stated in section 10.3.2 of the ADG Code; or(b)in any other case—the ullage in the tank of the tank vehicle does not comply with section 10.3.1 of the ADG Code.Maximum penalty—20 penalty units.
(2)Also, a person must not drive a tank vehicle that is transporting dangerous goods and other goods in a tank if the person knows, or ought reasonably know, that the ullage in the tank would not comply with section 10.3.1 of the ADG Code if the other goods were dangerous goods.Maximum penalty—20 penalty units.
Part 11 Documentation
Division 1 Transport documentation
Subdivision 1 False or misleading information
125 False or misleading information
(1)A person must not include information in transport documentation for dangerous goods that the person knows, or ought reasonably to know, is false or misleading in a material particular.Example of false information in transport documentation—
a person named as consignor of the dangerous goods if the person is not the consignor of the goodsMaximum penalty—40 penalty units.
(2)It is enough for a complaint against a person for an offence against subsection (1) to state that the information was false or misleading to the person’s knowledge.
Subdivision 2 Requirements about keeping transport documentation
126 Duties of consignor
(1)A person must not consign dangerous goods for transport in or on a vehicle if the prime contractor or driver of the vehicle does not have transport documentation complying with chapter 11.1 of the ADG Code for the goods.Maximum penalty—40 penalty units.
(2)A person must not consign dangerous goods for transport if—(a)the person knows, or ought reasonably to know, that the goods will be divided into, and transported in, separate loads; and(b)the prime contractor, or the driver of each vehicle transporting the load, has not been given separate transport documentation complying with chapter 11.1 of the ADG Code for each load.Maximum penalty—40 penalty units.
127 Duties of prime contractor
(1)A prime contractor must not allow a person to drive a vehicle used by the prime contractor to transport dangerous goods if—(a)the person has not been given transport documentation complying with chapter 11.1 of the ADG Code for the goods; and(b)the documentation is not able to be carried in the vehicle in the way required by chapter 11.1 of the ADG Code.Maximum penalty—40 penalty units.
(2)Also, the prime contractor must—(a)keep the transport documentation, or a copy of the documentation, in a legible form for at least 3 months after the prime contractor transports the goods; and(b)produce the documentation or copy during the 3 months at the request of an authorised officer.Maximum penalty—40 penalty units.
128 Duties of driver
(1)The driver of a vehicle transporting dangerous goods must—(a)carry transport documentation complying with chapter 11.1 of the ADG Code for the goods; and(b)ensure the documentation is carried in the vehicle in the way required by chapter 11.1 of the ADG Code.Maximum penalty—40 penalty units.
(2)A relevant emergency service officer may require the driver of a vehicle transporting dangerous goods to produce the transport documentation for the goods for inspection by the officer.Note—
Under section 49 of the Act, an authorised officer may also require the driver to produce the transport documentation.(3)The driver must comply with the requirement, unless the driver has a reasonable excuse.Maximum penalty for subsection (3)—40 penalty units.
Division 2 Emergency information
129 Definition for div 2
In this division—required emergency information, for dangerous goods, means—(a)emergency information complying with chapter 11.2 of the ADG Code for the goods; or(b)emergency information approved under section 133 for the goods.
130 Duty of consignor
A person must not consign a placard load for transport in or on a vehicle if the person knows, or ought reasonably to know, that the required emergency information for the dangerous goods in the load is not on the vehicle.Maximum penalty—13 penalty units.
131 Duty of prime contractor
A prime contractor must not use a vehicle to transport a placard load if—(a)the vehicle is not equipped with an emergency information holder complying with chapter 11.2 of the ADG Code; or(b)the required emergency information for the dangerous goods in the load is not in the holder.Maximum penalty—20 penalty units.
132 Duties of driver
(1)A person must not drive a vehicle transporting a placard load if—(a)the vehicle is not equipped with an emergency information holder complying with chapter 11.2 of the ADG Code; or(b)the required emergency information for the dangerous goods in the load provided by the consignor of the goods, or by the prime contractor for the transport of the goods, is not in the holder.
(c)has not been finally decided before the commencement.(2)At the commencement, the existing application is taken to be an application made under this regulation for an administrative determination under the relevant provision.
234 Existing applications for amendments of particular administrative determinations
(1)This section applies to an application (existing application) that—(a)is for an amendment of an administrative determination in relation to something that may be decided under a relevant provision mentioned in section 232(1)(c); and(b)was made under the repealed regulation, section 176; and(c)has not been finally decided before the commencement.(2)At the commencement, the existing application is taken to be an application made under this regulation for an amendment of an administrative determination under the relevant provision.
235 Continuing effect of particular corresponding determination
(1)This section applies to a determination (however described) that—(a)was made under a law of another jurisdiction about the transport of dangerous goods; and(b)was in force in this jurisdiction immediately before the commencement; and(c)is a determination in relation to something that may be decided under a provision of the law of the other jurisdiction (the corresponding provision) that corresponds to a relevant provision mentioned in section 232(1)(c).(2)Except for circumstances that do not exist in this jurisdiction, the determination has effect for this regulation as if it were a decision subject to the same conditions and restrictions made by a dangerous goods authority under the corresponding provision.
Subdivision 3 Approvals and corresponding approvals
236 Continuing effect of particular approvals
(1)This section applies to an approval that—(a)was given under the repealed regulation; and(b)was in force in this jurisdiction immediately before the commencement; and(c)is an approval of something that may be approved under a provision (the relevant provision) of any of the following sections—(i)section 51;(ii)section 113;(iii)section 114;(iv)section 133.(2)This section also applies to an approval given under the repealed regulation following a review or appeal under subdivision 6 that is an approval of something that may be approved under a relevant provision mentioned in subsection (1)(c).(3)The approval is taken to be an approval given by the chief executive under the relevant provision subject to the same conditions and restrictions.(4)For subsection (1)(c)(iii), an approval of a segregation device under the repealed regulation, section 119 is taken to be an approval of a type II segregation device.(5)Without limiting subsection (3), the chief executive may record the approval in the register of approvals kept under section 178(1)(a).(6)If an approval to which subsection (3) applies does not have an expiry date, the approval expires 5 years after the commencement.(7)Each approval under the repealed regulation, section 94 or 232 stops having effect at the commencement other than to the extent the approval applies in relation to a person engaging in conduct to which section 231 applies.
237 Existing applications for particular approvals
(1)This section applies to an application (existing application) that—(a)is for an approval of something that may be approved under a relevant provision mentioned in section 236(1)(c); and(b)was made under the repealed regulation, section 176; and(c)has not been finally decided before the commencement.(2)At the commencement, the existing application is taken to be an application made under this regulation for an approval under the relevant provision.
238 Existing applications for amendments of particular approvals
(1)This section applies to an application (existing application) that—(a)is for an amendment of an approval of something that may be approved under a relevant provision mentioned in section 236(1)(c); and(b)was made under the repealed regulation, section 176; and(c)has not been finally decided before the commencement.(2)At the commencement, the existing application is taken to be an application made under this regulation for an amendment of an approval under the relevant provision.
239 Continuing effect of particular corresponding approvals
(1)This regulation applies to an approval (however described) that—(a)was given under a law of another jurisdiction about the transport of dangerous goods; and(b)was in force in the other jurisdiction immediately before the commencement; 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 relevant provision mentioned in section 236(1)(c).(2)Except for circumstances that do not exist in this jurisdiction, the approval has effect for this regulation as if it were an approval subject to the same conditions and restrictions given by a dangerous goods authority under the corresponding provision.(3)If an approval to which subsection (2) applies does not have an expiry date, the approval expires 5 years after the commencement.
Subdivision 4 Licences
240 Continuing effect of particular licences
(1)This section applies to a bulk driver licence or bulk vehicle licence—(a)granted under the repealed regulation; and(b)in force immediately before the commencement.(2)This section also applies to a bulk driver licence or bulk vehicle licence granted under the repealed regulation following a review or appeal under subdivision 6.(3)The licence is taken to be—(a)for a bulk driver licence—a dangerous goods driver licence granted by the chief executive under section 192 subject to the same conditions and restrictions; or(b)for a bulk vehicle licence—a dangerous goods vehicle licence granted by the chief executive under section 202 subject to the same conditions and restrictions.(4)A licence label issued under the repealed regulation for a vehicle to which a continued vehicle licence relates is taken to be a licence label issued under section 208 for the vehicle.(5)Section 211 applies to a licence to which this section applies, or a licence label mentioned in subsection (4), even if the licence or label was defaced, destroyed, lost or stolen before commencement.(6)Without limiting subsection (3), the chief executive may record the licence in the relevant register of licences kept under section 214.(7)In this section—continued vehicle licence means a bulk vehicle licence taken to be a dangerous goods vehicle licence under subsection (3)(b).
241 Existing applications for particular licences
(1)This section applies to an application under the repealed regulation that—(a)is for a bulk driver licence or bulk vehicle licence; and(b)has not been finally decided before the commencement.(2)The application must be decided under the repealed regulation.(3)However, if the chief executive decides to grant the licence, the chief executive must grant—(a)for an application for a bulk driver licence—a dangerous goods driver licence under this regulation; or(b)for an application for a bulk vehicle licence—a dangerous goods vehicle licence under this regulation.
242 Existing applications for renewals of particular licences
(1)This section applies to an application (existing application) under the repealed regulation that—(a)is an application for renewal of a bulk driver licence or bulk vehicle licence; and(b)has not been finally decided before the commencement.(2)The application must be decided under the repealed regulation.(3)However, if the chief executive decides to grant the renewal, the chief executive must grant—(a)for an application for renewal of a bulk driver licence—a dangerous goods driver licence under this regulation; or(b)for an application for renewal of a bulk vehicle licence—a dangerous goods vehicle licence under this regulation.
243 Continuing effect of particular corresponding licences
(1)This section applies to a corresponding bulk driver licence, or corresponding bulk vehicle licence, within the meaning of the repealed regulation that—(a)was granted under a law of another jurisdiction about the transport of dangerous goods; and(b)was in force in the other jurisdiction immediately before the commencement.(2)Except for circumstances that do not exist in this jurisdiction, the licence has effect for this regulation as if it were—(a)for a corresponding bulk driver licence—a licence subject to the same conditions and restrictions granted by a dangerous goods authority under the corresponding law to section 192; or(b)for a corresponding bulk vehicle licence—a licence subject to the same conditions and restrictions granted by a dangerous goods authority under a corresponding law to section 202.
Subdivision 5 Particular existing requirements
244 Particular requirements made of a person continue
(1)This section applies if—(a)a requirement is made of a person under any of the following sections of the repealed regulation—(i)section 57;(ii)section 58;(iii)section 111;(iv)section 136;(v)section 140;(vi)section 159;(vii)section 160;(viii)section 205;(ix)section 231; and(b)the requirement has not been complied with before the commencement.(2)The requirement and the repealed regulation continue to apply in relation to the person as if this regulation had not been made.
245 Requirements relating to particular incidents continue
(1)This section applies if—(a)an incident to which section 154, 155 or 156 of the repealed regulation applies happens before the commencement; and(b)the relevant section requires something to be done or not done in relation to the incident; and(c)the thing has not been done or has been done before the commencement.(2)The repealed regulation continues to apply in relation to the incident as if this regulation had not been made.
246 Requirements relating to disposal of licensed vehicle continue
(1)This section applies if—(a)before the commencement, a person sells or otherwise disposes of a vehicle to which a bulk vehicle licence under the repealed regulation relates; and(b)the person has not given notice of the sale or disposal under the repealed regulation, section 216.(2)The repealed regulation continues to apply in relation to the sale or disposal as if this regulation had not been made.
Subdivision 6 Existing reviews and appeals
247 Definition for sdiv 6
In this subdivision—reviewable decision means a decision mentioned in the repealed regulation, schedule 1.
248 Reviews about particular decisions
(1)Subsection (2) applies if—(a)a person has made an application under the repealed regulation for a review of a reviewable decision; and(b)a decision on the application for review has not been made before the commencement.(2)A decision (a review decision) on the application for review must be made under the repealed regulation.(3)Subsection (4) applies if—(a)immediately before the commencement, a person could have applied under the repealed regulation for a review of a reviewable decision; and(b)the person has not made the application before the commencement.(4)The person may apply to the chief executive for a review of the decision as provided under the repealed regulation, and the chief executive’s decision (also a review decision) on that application must be made under the repealed regulation.(5)If the review decision is an amendment or substitution of the reviewable decision, the review decision must be given effect under the repealed regulation.Example—
If the effect of a review decision about the chief executive’s refusal to make an administrative determination is that the administrative determination must be made, the administrative determination must be made under the repealed regulation.(6)If the review decision is a confirmation of the reviewable decision, despite the repeal of the repealed regulation—(a)the matter to which the reviewable decision relates continues to be a matter to be dealt with under the repealed regulation; andExample—
If the reviewable decision relates to an application for an administrative determination, the application continues to be an application for an administrative determination under the repealed regulation.(b)any further decision about the matter must be made under the repealed regulation; and(c)the person in relation to whom the review decision is made may appeal against the review decision under the repealed regulation.(7)For subsections (2) and (4) to (6), the repealed regulation continues to have effect as if this regulation had not been made.
249 Appeals about particular decisions
(1)Subsection (2) applies if—(a)a person has appealed to a court under the repealed regulation against a decision of the chief executive confirming a reviewable decision; and(b)the appeal has not been decided before the commencement.(2)The court must hear, or continue to hear, and decide the appeal under the repealed regulation.(3)Subsection (5) applies if—(a)immediately before the commencement, a person could have appealed to a court under the repealed regulation against a decision mentioned in subsection (1)(a); and(b)the person has not appealed before the commencement.(4)Subsection (5) also applies to a review decision mentioned in section 248(6)(c).(5)The person may appeal to the court as provided under the repealed regulation, and the court must hear and decide the appeal under the repealed regulation.(6)If the court decides in favour of the appellant, the chief executive must give effect to the court’s decision under the repealed regulation.Example—
If the court decides that an administrative determination the subject of the appeal must be made, the administrative determination must be made under the repealed regulation.(7)If the court refers the matter to the chief executive with directions—(a)the matter must be dealt with under the repealed regulation; and(b)the chief executive must follow the court’s directions to the extent possible.(8)If the court confirms the decision being appealed against, despite the repeal of the repealed regulation—(a)the matter to which the decision relates continues to be a matter to be dealt with under the repealed regulation; andExample—
If the decision being appealed against relates to an application for an administrative determination, the application continues to be an application for an administrative determination under the repealed regulation.(b)any further decision about the matter must be made under the repealed regulation.(9)For subsections (2) and (5) to (8), the repealed regulation continues to have effect as if this regulation had not been made.
Subdivision 7 Other provision
250 Return of licences
(1)This section applies if, before the commencement, an authorised officer seizes a licence granted under the repealed regulation.(2)The repealed regulation, section 230 continues to apply in relation to the seizure as if this regulation had not been made.
Division 2 Transitional provision for Transport and Other Legislation (Dangerous Goods) Amendment Regulation (No. 1) 2014
251 Reference to ADG Code
(1)A reference to the ADG code in an existing code-related offence is taken to include a reference to the previous ADG code.(2)This section applies until the end of 30 June 2015.(3)In this section—existing code-related offence means an offence under this regulation that—(a)existed immediately before the commencement of this section; and(b)continues after the commencement of this section; and(c)relates to the ADG code.previous ADG code is the code called the ‘Australian Code for the Transport of Dangerous Goods by Road and Rail’, seventh edition, originally endorsed by the Australian Transport Council, as in force immediately before 1 July 2014.
Division 3 Transitional provision for Transport Legislation Amendment Regulation (No. 1) 2015
252 Reference to ADG Code taken to include previous version of code
(1)In this regulation, a reference to the ADG Code is taken to include a reference to the previous version of the code.(2)This section applies until the end of 31 December 2016.(3)In this section—previous version, of the ADG Code, is the ADG Code as in force immediately before 1 January 2016.
Division 4 Transitional provision for Transport Legislation (Dangerous Goods) Amendment Regulation 2018
253 Appropriately marked overpacks and packages of dangerous goods
(1)This section applies to an overpack or a package of dangerous goods (the dangerous goods) marked and labelled in accordance with chapter 7.3 of the ADG Code, edition 7.4.(2)From the commencement, the dangerous goods are taken to be appropriately marked under section 79.(3)This section stops applying on 1 March 2018.
Schedule 1 Reviewable decisions
section 220
Section | Description of decision |
22 | refusing to approve test of competence or training course |
24 | refusing to make an administrative determination under section 24(1) or (2) or making administrative determination on conditions |
25 | refusing to make an administrative determination under section 25(1) or making administrative determination on conditions |
51 | refusing to approve design of packaging or approving design on conditions |
54 | refusing to approve method of preparing overpack or approving method on conditions |
113 | refusing to approve method of segregation or approving method on conditions |
114 | refusing to approve design of type II segregation device or approving design on conditions |
133 | refusing to approve emergency information |
174 | refusing application to amend an administrative determination or an approval |
192 and 196 | refusing to grant dangerous goods driver licence or granting a dangerous goods driver licence on conditions |
194 and 196 | refusing to renew dangerous goods driver licence or renewing dangerous goods driver licence on conditions |
202 and 206 | refusing to grant dangerous goods vehicle licence or granting dangerous goods vehicle licence on conditions |
204 and 206 | refusing to renew dangerous goods vehicle licence or renewing dangerous goods vehicle licence on conditions |
224 | refusing to approve the use of a vehicle that is not covered by a policy of insurance or other form of indemnity as required by section 221(1)(a) or 222(1)(a) or approving use on conditions |
Schedule 2 Fees
section 225
$ | ||
1 | Application for approval of a design of packaging for a tank under section 50 | 269.35 |
2 | Application for approval of a design of packaging for an IBC under section 50 | 53.85 |
3 | Application for a dangerous goods driver licence under section 188 or application for a renewal of a dangerous goods driver licence under section 193—the total of the following— | |
(a) standard application fee | 56.10 | |
(b) additional application fee | 43.95 | |
4 | Application for a dangerous goods vehicle licence under section 200 or application for a renewal of a dangerous goods vehicle licence under section 203— | |
(a) for a vehicle with a GVM of 8t or less | 71.75 | |
(b) for a vehicle with a GVM of more than 8t | 143.70 |
Schedule 4 Dictionary
section 8
ADG Code means the code called ‘Australian Code for the Transport of Dangerous Goods by Road and Rail’, seventh edition, originally endorsed by the Transport and Infrastructure Council, as amended from time to time.
ADR approved ...
administrative determination see section 26.
ADR, ICAO, IMO, RID or UN approved, for packaging, means approved in accordance with any of the following documents—
(a)the European Agreement concerning the International Carriage of Dangerous Goods by Road published by the Inland Transport Committee of the United Nations Economic Commission for Europe;
(b)the ICAO technical instructions;
(c)the IMDG code;
(d)the Regulation concerning the International Carriage of Dangerous Goods by Rail published by the Intergovernmental Organisation for International Carriage by Rail;
(e)the Recommendations on the Transport of Dangerous Goods: Model Regulations published by the United Nations.
aggregate quantity, in relation to a load containing dangerous goods, means the total of—
(a)the number of kilograms of the following in the load—(i)solid dangerous goods;(ii)articles, including aerosols; and
(b)the number of litres or kilograms, being whichever is used to describe the goods in the transport documentation for the transport of the goods, of liquid dangerous goods in the load; and
(c)the total capacity in litres of receptacles in the load containing dangerous goods of UN class 2 other than aerosols.
amend includes vary.
appropriately marked see section 79.
appropriately placarded see section 84(2).
approval means an approval that—
(a)is given under this regulation by the chief executive or an authorised entity; and
(b)is in effect.
approved packaging means—
(a)packaging of a design approved under section 51; or
(b)foreign approved packaging.
approved tank means—
(a)a tank of a design approved under section 51; or
(b)a foreign approved tank.
article means a manufactured item, other than a fluid or particle, that—
(a)is formed into a particular shape or design during manufacture; and
(b)has hazardous properties and a function that are wholly or partly dependent on the shape or design.
Examples—
battery, aerosol dispenser, lighter, refrigeration device
AS/NZS means a standard published jointly by Standards Australia and Standards New Zealand.
Australian Transport Council ...
authorised entity means an entity authorised under section 55 to issue approvals under section 51 or 54.
bulk container see section 16.
bulk transfer, for part 10, see section 115.
capacity, of packaging, means the total internal volume of the packaging at a temperature of 15°C, expressed in litres or cubic metres.
cargo transport unit means any of the following—
(a)a tank vehicle;
(b)a vehicle transporting freight;
(c)a portable tank;
(d)a bulk container;
(e)a freight container;
(f)a MEGC.
category, for dangerous goods, means the category to which the dangerous goods belong under section 35.
competent authorities panel means the entity—
(a)whose members include—(i)the chief executive; and(ii)dangerous goods authorities; and
(b)that is established, and operates, in accordance with the Competent Authorities Panel Rules made by the National Transport Commission on 13 June 2008 and approved by the Transport and Infrastructure Council on 15 August 2008.
compliance plate means a plate that must be attached to a portable tank, MEGC or tank vehicle under part 6 of the ADG Code, and includes identification plates.
converter dolly, for part 18, division 4, see section 199.
corresponding approval means an approval to which section 162 applies.
corresponding dangerous goods driver licence means a licence to which section 163 applies that has effect in this jurisdiction under that section as a dangerous goods driver licence.
corresponding dangerous goods vehicle licence means a licence to which section 163 applies that has effect in this jurisdiction under that section as a dangerous goods vehicle licence.
corresponding determination means a decision to which section 160 applies.
corresponding exemption means an exemption to which section 161 applies.
current postal address, for a person, means a postal address—
(a)given by the person to the department for use by the department (whether or not it was given for the purpose of this regulation); and
(b)for which no written notice from the person, requiring the department to discontinue use of the postal address, has been received by the department.
damaged—
1Damaged, in relation to a document other than a smartcard dangerous goods driver licence, includes destroyed, defaced, mutilated or made illegible.
2Damaged, in relation to a smartcard dangerous goods driver licence—(a)means—(i)the licence is damaged to an extent that—(A)any information on the licence is impossible or difficult to read without the use of technology; or(B)a digital photo or a digitised signature on the licence is impossible or difficult to recognise without the use of technology; or(ii)any information stored electronically on the licence is no longer accessible by using the holder’s PIN; and(b)includes destroyed.
3However, damaged, in relation to a document, does not include the document being destroyed as required under section 209B or 211A(5).
dangerous goods see section 33.
dangerous goods driver licence means a dangerous goods driver licence that is in force under part 18, division 3.
dangerous goods list means the dangerous goods list set out in section 3.2.3 of the ADG Code.
dangerous goods vehicle licence means a dangerous goods vehicle licence that is in force under part 18, division 4.
demountable tank means a tank, other than a portable tank, that—
(a)is designed to be carried on a vehicle; and
(b)does not form part of and is not permanently attached to the vehicle; and
(c)is designed to be removable.
determination means a decision that is made by the chief executive under section 24 or 25, and that is in effect.
driver authorising document means a document evidencing a dangerous goods driver licence.
exemption means an exemption in force under section 153 of the Act.
Note—
Part 16 provides for matters relating to exemptions under section 153 of the Act.
fitness to drive standards means the standards in Assessing Fitness to Drive for Commercial and Private Vehicle Drivers—Medical Standards for Licensing and Clinical Management Guidelines published by Austroads and the National Transport Commission.
food includes—
(a)a substance prepared or intended for human or animal consumption; and
(b)a substance, other than a dangerous good, intended to be an ingredient of food.
food packaging means—
(a)a receptacle that contains, or is designed or intended to contain, food; or
(b)material designed or intended to be used in a receptacle that is designed or intended to contain food.
foreign approved, in relation to packaging, means packaging that has the markings required by part 6 of the ADG Code for packaging of its type, in confirmation that the packaging is ADR, ICAO, IMO, RID or UN approved.
freight container means a re-usable container of the kind mentioned in AS/NZS 3711 that is designed for repeated use for the transport of goods by 1 or more modes of transport.
general packaging, for part 4, division 4, see section 57.
goods too dangerous to be transported see section 34.
hose assembly means a hose, or 2 or more hoses connected together, for use in the transfer of dangerous goods to or from a tank on a vehicle, portable tank or receptacle and includes—
(a)if there are 2 or more hoses connected together—the connections between the hoses; and
(b)the attachment connecting the hose or hoses to the tank; and
(c)anything else other than the vehicle, portable tank or receptacle that is attached to the hose or hoses.
IBC means an intermediate bulk container.
ICAO approved ...
ICAO technical instructions means the document called ‘Technical Instructions for the Safe Transport of Dangerous Goods by Air’ published by the International Civil Aviation Organization.
IMDG code means the document called ‘International Maritime Dangerous Goods Code’ published by the International Maritime Organization.
IMO approved ...
incompatible see section 38.
information notice, for a decision made in relation to a person, means a written notice stating—
(a)the reasons for the decision; and
(b)that the person may—(i)under section 65 of the Act—ask for the decision to be reviewed by the chief executive; and(ii)under the Transport and Planning Coordination Act 1994, part 5, division 2—apply to QCAT for the decision to be stayed; and(iii)under section 65A of the Act—ask for the chief executive’s decision on the review (the reviewed decision) to be reviewed by QCAT; and(iv)under the QCAT Act—apply for the reviewed decision to be stayed.
inner packaging, in relation to goods, means packaging for which outer packaging is required for the transport of the goods under the ADG Code.
interim transport authority means an interim transport authority issued under the Transport Planning and Coordination Act 1994.
intermediate bulk container see section 17.
journey means the transport of dangerous goods from where the goods are consigned to where the goods are delivered to the consignee.
jurisdiction means the Commonwealth or a State.
large packaging means outer packaging that—
(a)is designed for mechanical handling; and
(b)has a capacity of not more than 3m3; and
(c)is intended to contain articles or inner packaging with—(i)a net mass of more than 400kg; or(ii)capacities totalling more than 450L.
licence for part 18, division 6, see section 210.
licence label ...
licensee for—
(a)part 18, division 3—see section 187; or
(b)part 18, division 6—see section 210.
MEGC means multiple-element gas container.
multimodal means applicable to, or suitable for use on, more than 1 mode of transport.
multiple-element gas container see section 18.
NATA means the National Association of Testing Authorities, Australia.
other packaging, for part 4, division 5, see section 63.
outer packaging, means external packaging, including absorbent materials, cushioning and any other components, necessary for the purposes of transport to contain and protect—
(a)articles; or
(b)receptacles in composite packaging within the meaning of section 1.2.1.1 of the ADG Code; or
(c)inner packaging in combination packaging within the meaning of section 1.2.1.1 of the ADG Code.
overpack means packaging, other than large packaging, used to hold and consolidate packages of goods into a single unit for easier handling and stowage.
Examples—
•a pallet, together with strapping or shrink wrapping, designed to hold packages•a box or crate into which packages are placed
packaging includes inner packaging, outer packaging, overpacks, large packaging, IBCs, MEGCs, tanks (including the tank of a tank vehicle), bulk containers, freight containers, drums, barrels, jerry cans, boxes and bags.
packed in limited quantities see section 20.
packing group, for dangerous goods, means the packing group to which the dangerous goods belong under section 37.
participating jurisdiction means—
(a)this jurisdiction; or
(b)a participating dangerous goods jurisdiction.
placard, when used as a noun, means—
(a)a label within the meaning of the ADG Code; or
(b)an emergency information panel within the meaning of the ADG Code.
placard load means a load that contains dangerous goods and must be placarded under section 83.
placards, when used as a verb, see section 84(1).
portable tank means a multimodal tank that—
(a)is designed primarily to be loaded on to a vehicle or ship; and
(b)has a capacity of more than 450L; and
(c)is equipped with skids, mountings, stabilisers and accessories to facilitate mechanical handling; and
(d)is capable of being loaded and unloaded without removing its service equipment or structural equipment; and
(e)is capable of being lifted when full.
prescribed dangerous goods, for part 10, division 2, see section 116.
prescribed way, for part 10, division 2, see section 116.
pressure drum means a welded transportable pressure receptacle with a water capacity of more than 150L but not more than 1,000L.
Examples of welded transportable pressure receptacles—
cylindrical receptacle equipped with rolling hoops, spheres on skids
receptacle, in relation to a substance or article, means a container that is—
(a)for receiving and holding the substance or article (including anything that enables the container to be closed); and
(b)in contact with the substance or article.
recognised testing facility see section 52.
required emergency information, for part 11, division 2, see section 129.
retail distribution load ...
risk means risk of personal injury, death, property damage or harm to the environment.
RID approved ...
service equipment has the meaning given by—
(a)for a tank—section 6.7.2.1, 6.7.3.1 or 6.7.4.1 of the ADG Code; or
(b)for an MEGC—section 6.7.5.1 of the ADG Code.
smartcard dangerous goods driver licence means a dangerous goods driver licence in the form of a card or something similar approved by the chief executive and on which information may be stored electronically.
special provision, for part 3, see section 40.
structural equipment has the meaning given by—
(a)for a tank—section 6.7.2.1, 6.7.3.1 or 6.7.4.1 of the ADG Code; or
(b)for an MEGC—section 6.7.5.1 of the ADG Code.
subsidiary risk, for dangerous goods, means the subsidiary risk to which the dangerous goods belong under section 36.
tank see section 19.
tank vehicle means a vehicle—
(a)of which a tank forms a part; or
(b)to which a tank other than a portable tank is attached.
this jurisdiction means the State.
Transport and Infrastructure Council means the council of Commonwealth, New Zealand and State Ministers, established on 11 June 1993 and known as the Transport and Infrastructure Council, but constituted so that it consists of only 1 Minister representing each of the Commonwealth, the States, the Australian Capital Territory and the Northern Territory.
Note—
The Transport and Infrastructure Council was previously known as the Australian Transport Council.
transport unit ...
tube means a seamless transportable pressure receptacle with a water capacity of more than 150L but not more than 3,000L.
UN approved ...
UN class, for dangerous goods, means the class to which the dangerous goods belong under section 35.
UN division, for dangerous goods, means the division to which the dangerous goods belong under section 35.
unsuitable see section 48.
vehicle, for part 18, division 4, see section 199.
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