Transport Operations (Road Use Management—Dangerous Goods) Regulation 2018 (Qld)
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Transport Operations (Road Use Management—Dangerous Goods) Regulation 2018
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 2018.
2 Commencement
This regulation commences on 31 August 2018.
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
For schedule 4 of the Act, definition dangerous goods regulation, this regulation is a dangerous goods regulation for the Act.
5 Prescribed exempt transport—Act, s 151AA
(1)For section 151AA of the Act, definition prescribed exempt transport, each of the following is exempt from the application of chapter 5A of the Act—(a)the transport of the following except if transported with other dangerous goods—(i)radioactive substances under the Radiation Safety Act 1999;(ii)explosives under the Explosives Act 1999;(b)the transport of a load of dangerous goods if—(i)the dangerous goods are not, and do not include, infectious substances of UN division 6.2; and(ii)the total quantity of each type of dangerous goods in the load is no more than the quantity stated in section 1.1.1.2, note (3)(a), table 1.1.1.2 of the ADG Code for that type;(c)the transport of a load of dangerous goods by a person if—(i)the load does not contain dangerous goods—(A)in a receptacle with a capacity that is more than 500L; or(B)in a receptacle if the quantity of dangerous goods in the receptacle is more than 500kg; and(ii)the goods are not, and do not include, the following—(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); and(iii)the aggregate quantity of the dangerous goods in the load, as calculated in the way provided for under schedule 3, definition aggregate quantity, is less than 25% of a load of dangerous goods that, under section 83, is required to be placarded; and(iv)the goods are not being transported by the person in the course of a business of transporting goods by road;(d)the transport of dangerous goods to the extent the goods are transported by, or under the direction of, an authorised officer or relevant emergency service officer to prevent a dangerous situation;(e)the transport of dangerous goods in a vehicle if—(i)the dangerous goods are in packaging that is—(A)designed for, and forming part of, the fuel or electrical system of the vehicle’s propulsion engine or auxiliary engine; or(B)part of, and necessary for, the operation of an appliance, plant or refrigeration system forming part of or attached to the vehicle; or(ii)the dangerous goods are in equipment carried in, fitted to or installed in the vehicle and designed for the safety or protection of an occupant of the vehicle, the vehicle or its load, including, for example, an airbag, fire extinguisher, seatbelt pretensioning device or self-contained breathing apparatus.(2)In this section—type, of dangerous goods, means a class or division of dangerous goods provided for in the ADG Code.
6 Special provisions for tools of trade and dangerous goods for private use
(1)This section applies in relation 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 but does not include 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 includes dangerous goods of UN division 2.1 (other than aerosols), UN division 2.3 or packing group I, if the dangerous goods of UN division 2.3 and packing group I together make up less than 100 of the aggregate quantity.Note—
An aggregate quantity in relation to a load containing dangerous goods mentioned in subsection (1)(b) is worked out in the way provided for under schedule 3, definition aggregate quantity.(2)This regulation, other than subsections (3) to (5), does not apply to the transport of the dangerous goods.(3)A person must not transport the dangerous goods unless each package in the load including the goods—(a)complies with the packaging requirements appropriate to the quantity of dangerous goods under part 4; and(b)is marked and labelled as required under 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 the load contains dangerous goods of UN class 3, 4, 5 or 6 that together make up 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 the load contains dangerous goods of UN division 2.1, UN division 2.3 or packing group I that together make up 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 another enclosed space in the vehicle.Maximum penalty—40 penalty units.
Division 2 Interpretation
7 Definitions
The dictionary in schedule 3 defines particular words used in this regulation.
8 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.
9 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.
10 Inconsistency between regulation and other instruments
(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, relating to dangerous goods or transport by road.
11 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, corresponding exemption, corresponding approval, corresponding dangerous goods driver licence or corresponding dangerous goods vehicle licence;includes a reference to the determination, exemption, approval or licence as amended.
12 References to amendment of particular instruments
In this regulation, a reference to an amendment of—(a)a determination, exemption, approval, dangerous goods driver licence or dangerous goods vehicle licence; or(b)a corresponding determination, corresponding exemption, corresponding approval, corresponding dangerous goods driver licence or corresponding 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
13 References to road
Each reference in this regulation to a road includes a reference to a road-related area.
14 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.
15 Meaning of bulk container
(1)A bulk container is a system for containing solid substances, including any liner or coating, that—(a)is designed for transporting solid substances which are in direct contact with the system; and(b)is of a permanent character suitable for repeated use; and(c)is designed to facilitate the transport of solid substances by 1 or more modes of transport, without the need for the substances to be unloaded and reloaded when transferred from one mode to another; and(d)is fitted with devices that permit ready handling; and(e)has a capacity of not less than 1m³.Examples of bulk containers—
freight containers, offshore bulk containers, skips, bulk bins, swap bodies, trough-shaped containers, roller containers, load compartments of vehicles and flexible containers(2)However, an IBC, large packaging or a portable tank is not a bulk container.
16 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.
17 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 or tubes.
18 References to tank
(1)Unless the context otherwise requires, a reference in this regulation to a tank is a reference to a portable tank, a tank vehicle, or a receptacle used to contain a solid, liquid or gas.(2)However, a reference to a tank includes an item mentioned in subsection (1) that is used to transport a gas only if the item has a capacity of not less than 450L.(3)In this section—gas has the meaning given by section 2.2.1.1 of the ADG Code.
19 When dangerous goods are packed in limited quantities
Dangerous goods are packed in limited quantities if—(a)the goods are packed in accordance with chapter 3.4 of the ADG Code; and(b)the quantity of dangerous goods in each inner packaging or in each article is not more than the quantity stated, or referred to, in column 7a of the dangerous goods list for the goods.
19A When dangerous goods are packed in excepted quantities
Dangerous goods are packed in excepted quantities if—(a)the goods are assigned to code E1, E2, E3, E4 or E5 in column 7b of the dangerous goods list; and(b)the goods are packed in accordance with chapter 3.5 of the ADG Code; and(c)the quantity of dangerous goods does not exceed the quantity specified in section 3.5.1.2 of the ADG Code.
Division 3 Instruction and training
20 Instruction and training
(1)This section applies in relation to a 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 a fumigated cargo transport unit;(f)marking a package containing dangerous goods;(g)placarding a placard load;(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 procedures required under part 14 in a dangerous situation.(2)A person who is responsible for managing or controlling the 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 finished 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 finished 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 the task unless the person has received instruction, and has satisfactorily finished training, specific to the task to enable the person to manage, control or supervise someone else 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 the 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 finished training, specific to the task.
(5)The chief executive may give the person responsible for managing or controlling the task a written notice asking the person, within 14 days after receiving the notice, to give the chief executive written evidence of the instruction and the satisfactory finishing 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—15 penalty units.
21 Approvals—tests and training courses for drivers
(1)The chief executive may, on application under section 172 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 satisfied that a person who passes the test, or finishes 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
22 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 the goods are dangerous goods or goods too dangerous to be transported, the person must not consign or transport the goods until—(a)the goods have been classified in accordance with the ADG Code; or(b)a determination has been made that the goods are or are not—(i)dangerous goods; or(ii)goods too dangerous to be transported.Maximum penalty—40 penalty units.
Division 5 Determinations
23 Determinations 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 hazard; 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 goods too dangerous to be transported; or(b)particular dangerous goods may be or must not be transported in or on the same cargo transport unit as other goods, whether or not the other goods are dangerous goods; or(c)particular dangerous goods may be or must not be transported in particular packaging, despite a 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 2022, section 3(3) and schedule 1.(4)Subsection (3)(b) does not apply to an administrative determination.Note—
See also section 173(1).
24 Determinations about vehicles, routes, areas and other matters
(1)The chief executive may decide that particular dangerous goods may, 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 2022, section 3(3) and schedule 1.(3)Subsection (2)(b) does not apply to an administrative determination.Note—
See also section 173(1).
25 Administrative determinations—Act, sch 4, definition administrative determination
For schedule 4 of the Act, definition administrative determination, a determination is an administrative determination if—(a)the determination—(i)is made on the application of a person; and(ii)applies to the person or the person and other persons named in the application; or(b)the determination—(i)is made on the initiative of the chief executive; and(ii)applies to 1 or more persons named in the determination; and(iii)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 about administrative determinations, including applications for, and amendment of, administrative determinations.2See also chapter 3, part 1A of the Act.
26 Determinations may be subject to conditions
(1)In making a determination, the chief executive may impose on the determination any condition necessary for the safe transport of dangerous goods.(2)A person to whom a determination applies must not contravene a condition of the determination.Maximum penalty—40 penalty units.
27 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.
28 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.
29 Records of determinations
The record of a determination in the register kept under section 28(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 day 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.
30 Offence to do anything prohibited or regulated by determinations
(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
31 Declaration of non-participating dangerous goods jurisdictions
(1)A State is not a participating dangerous goods jurisdiction if—(a)the Ministerial Council decides the law of the State does not include provisions having the same, or substantially the same, effect as the model legislation; and(b)the Minister, by gazette notice, declares the State is not a participating dangerous goods jurisdiction.(2)In this section—model legislation means the model legislation called—(a)the ‘Model Act on the Transport of Dangerous Goods by Road or Rail’, as amended and approved by the Ministerial Council from time to time; and(b)the ‘Model Subordinate Instrument on the Transport of Dangerous Goods by Road or Rail’, as amended and approved by the Ministerial Council from time to time.Editor’s note—
The model legislation is available on the Australasian Parliamentary Counsel’s Committee website.
Part 2 Key concepts
32 Dangerous goods—Act, sch 4, definition dangerous goods
(1)For schedule 4 of the Act, definition dangerous goods, 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 under column 6 of the dangerous goods list, and any condition included in that description is met.
33 Goods too dangerous to be transported—Act, sch 4, definition goods too dangerous to be transported
For schedule 4 of the Act, definition goods too dangerous to be transported, goods are goods too dangerous to be transported if—(a)the goods are stated or described in appendix A to the ADG Code; or(b)the chief executive has made a determination that the goods are goods too dangerous to be transported; or(c)the goods 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.
34 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 (infectious substance which does not meet the criteria for inclusion in category A).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.
35 Subsidiary hazards
In this regulation, the subsidiary hazard of particular dangerous goods is—(a)if a determination that the goods have a particular subsidiary hazard is in effect—the subsidiary hazard stated in the determination; or(b)otherwise—the subsidiary hazard 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 hazard which is the other UN class or classes (or UN division or divisions) to which the goods also belong.2For the subsidiary hazard 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.
36 Packing groups
In this regulation, the packing group for 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 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—(a)packing group I (substances presenting high danger); and(b)packing group II (substances presenting medium danger); and(c)packing group III (substances presenting low danger).2For the packing group for 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.
37 Incompatibility
(1)Dangerous goods 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
38 Application of part
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.
39 Definition for part
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.
40 Duty of consignors
A person must not consign the dangerous goods for transport if the person knows, or ought reasonably to know, that—(a)the 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.
41 Duty of packers
A person must not pack the dangerous goods for transport if the person knows, or ought reasonably to know, that—(a)the 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 loaders
A person must not load the dangerous goods on to a vehicle for transport if the person knows, or ought reasonably to know, that—(a)the 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 prime contractors
A prime contractor must not transport the dangerous goods if the prime contractor knows, or ought reasonably to know, that—(a)the 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.
44 Duty of drivers
A person must not drive a vehicle transporting the dangerous goods if the person knows, or ought reasonably to know, that—(a)the 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
45 Packing of dangerous goods in limited quantities or excepted quantities
(1)This part does not apply to dangerous goods that are—(a)goods packed in limited quantities; or(b)goods packed in excepted quantities.(2)To remove any doubt, it is declared that this part applies to—(a)dangerous goods that are purported to be packed in limited quantities but do not comply with the requirements of section 19; and(b)dangerous goods that are purported to be packed in excepted quantities but do not comply with the requirements of section 19A.Note—
Sections 19(a) and 19A(b) respectively require compliance with chapter 3.4 and 3.5 of the ADG Code.
46 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 includes 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
47 Unsuitability of packaging for transport
(1)Packaging is unsuitable for the transport of dangerous goods if—(a)it must undergo a performance test under part 6 of the ADG Code and it is not approved packaging; or(b)it does not meet a relevant standard or requirement of part 4 or 6 of the ADG Code, including a requirement about inspection, maintenance or 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; or(g)for dangerous goods purported to be packed in limited quantities—the packaging does not comply with chapter 3.4 of the ADG Code; or(h)for dangerous goods purported to be packed in excepted quantities—the packaging does not comply with chapter 3.5 of the ADG Code.(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.(3)In this section—approved packaging means—(a)packaging of a design approved under section 50; or(b)foreign approved packaging.
48 Marking packaging
(1)A person must not apply a marking required under part 6 of the ADG Code on packaging if the packaging is not of a design approved under section 50.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.
49 Applications for approval of packaging designs
(1)This section applies in relation to packaging that must undergo a performance test 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, 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 the packaging for use in the transport of dangerous goods.(3)The application must—(a)be made under section 172; and(b)include sufficient information to enable the chief executive to decide the matters mentioned in section 50(1).
50 Approval of packaging designs
(1)The chief executive may, on application under section 49, approve a design of packaging for use in the transport of dangerous goods if satisfied a packaging of the design—(a)will comply with, or is permitted by, part 6 of the ADG Code; and(b)satisfies 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 given by a recognised testing facility for the design type and complying with section 52.(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 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—40 penalty units.
51 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).
52 Test certificates and reports
(1)A recognised testing facility for a packaging design type may certify in writing that the 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.
53 Approval of overpack preparation methods
(1)The chief executive may, on application under section 172, 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—40 penalty units.
54 Authorised entity may give approvals
(1)The chief executive may authorise an entity to give approvals under section 50 or 53.(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 giving of approvals by the entity.(3)In giving an approval, the entity must—(a)comply with a condition imposed under subsection (2); and(b)comply with the relevant requirements of part 6 of the ADG Code about the giving of the approval; and(c)give the chief executive all of the information mentioned in section 180(b) about the approval.(4)If an entity is authorised to give approvals under this section—(a)sections 49, 50 and 53 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 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 given by an entity under this section—(a)is taken to be an approval given 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 given by the entity before the withdrawal took effect.
Division 3 Prohibition on the sale or supply of noncompliant packaging
55 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)the packaging is of a design that has been approved under section 50 and both of the following apply—(i)the packaging is marked in accordance with part 6 or, if applicable, chapter 3.4 or 3.5 of the ADG Code;(ii)according to the marking, the packaging’s use is appropriate for the goods; or(b)the packaging complies with the relevant requirements of parts 4 and 6 or, if applicable, chapter 3.4 or 3.5 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
56 Definition for division
In this division—general packaging means packaging other than a portable tank, demountable tank, MEGC, bulk container, freight container, tank on a tank vehicle or overpack.
57 Duty of consignors
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.
58 Duty of packers
(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.
59 Duty of loaders
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.
60 Duty of prime contractors
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.
61 Duty of drivers
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
62 Definitions for division
In this division—dangerous goods 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 an identification plate.other packaging means a portable tank, demountable tank, MEGC, bulk container, freight container or tank on a tank vehicle.
63 Attaching dangerous goods compliance plates to particular packaging
A person must not attach a dangerous goods compliance plate, or something that purports to be a dangerous goods compliance plate, to a tank, MEGC or tank vehicle unless the design of the tank, MEGC or tank vehicle is approved under section 50.Maximum penalty—40 penalty units.
64 Duties of manufacturers about dangerous goods compliance plates for portable tanks, MEGCs and tank vehicles
(1)A person who manufactures a portable tank for use in the transport of dangerous goods must attach a dangerous goods compliance plate to the tank in accordance with—(a)if the tank is not made of fibre reinforced plastic—chapter 6.7 of the ADG Code; or(b)if the tank is made of fibre reinforced plastic—chapter 6.7 and section 6.9.2.10 of the ADG Code.Maximum penalty—40 penalty units.
(2)A person who manufactures an MEGC for use in the transport of dangerous goods must attach a dangerous goods compliance plate to the MEGC in accordance with chapter 6.7 of the ADG Code.Maximum penalty—40 penalty units.
(3)Subsection (1) does not apply to a person who manufactures a portable tank if—(a)chapter 6.7 and, if applicable, section 6.9.2.10 of the ADG Code permit the marking of the tank instead of the attachment of a dangerous goods compliance plate; and(b)the tank is marked as required by the provisions mentioned in paragraph (a).(4)A person who manufactures a tank vehicle for use in the transport of dangerous goods must attach a dangerous goods compliance plate to the vehicle in accordance with section 6.10.2.2 of the ADG Code.Maximum penalty—40 penalty units.
65 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 tank on the tank vehicle is unsuitable for the transport of the goods.Maximum penalty—40 penalty units.
66 Duties of consignors
(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 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.
67 Duties of packers
(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.
68 Duty of loaders
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.
69 Duties of prime contractors
(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.
70 Duty of drivers
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—20 penalty units.
Division 6 Offences about overpacks
71 Duty of consignors
A person must not consign dangerous goods for transport in an overpack if the preparation of the overpack and its contents does not comply with either—(a)section 5.1.2 of the ADG Code; or(b)an approval under section 53.Maximum penalty—20 penalty units.
72 Duty of packers
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 53.Maximum penalty—20 penalty units.
73 Duty of loaders
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 53.Maximum penalty—20 penalty units.
74 Duty of prime contractors
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 53.Maximum penalty—20 penalty units.
75 Duty of drivers
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 53.Maximum penalty—15 penalty units.
Division 7 Chief executive’s performance testing powers
76 Requiring packaging for testing
(1)This section applies in relation 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 written notice, ask the person to give 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 give 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 gives the packaging to another person for performance testing under an agreement with that other person.Maximum penalty—15 penalty units.
77 Requiring evidence of performance tests
(1)This section applies in relation 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 written notice, ask the person to give 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 give 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 52 is evidence for this section.
Part 5 Consignment procedures
Division 1 Marking and labelling
78 Meaning of appropriately marked
(1)A receptacle for dangerous goods, 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 chapter 5.2 and section 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 for dangerous goods 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.(5)A package of dangerous goods packed in excepted quantities is also appropriately marked if it is marked and labelled in accordance with chapter 3.5 of the ADG Code.
79 Reference to label includes placard
In this division, a reference to a label includes a reference to a placard.
80 Duties of consignors
(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)otherwise—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)otherwise—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)otherwise—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 in—(a)the ICAO technical instructions; or(b)the IMDG Code.
81 Duties of packers
(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—(a)is not appropriately marked; or(b)will not be appropriately marked once the package is ready to be transported.Maximum penalty—
(a)for large packaging or an overpack—20 penalty units; or(b)otherwise—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)otherwise—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)otherwise—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 in—(a)the ICAO technical instructions; or(b)the IMDG Code.
82 Duties of prime contractors
(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)otherwise—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)otherwise—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)otherwise—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 in—(a)the ICAO technical instructions; or(b)the IMDG Code.
Division 2 Placarding
83 When loads 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, other than specified goods, and the 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, other than specified goods.(2)A load that contains dangerous goods must be placarded if the load contains specified goods and—(a)the specified goods include an aggregate quantity of 2,000 or more of a dangerous good of a particular UN number from a single place of consignment; or(b)the total gross mass of the specified goods is 8 tonnes or more.Note—
This subsection applies separately and in addition to subsection (1). See table 5.3 of the ADG Code.(3)A load containing dangerous goods, other than a load required to be placarded under subsection (1) or (2), must be placarded if—(a)the load contains a mixture of specified goods and other dangerous goods; and(b)either of the following calculations apply—(i)if the load contains dangerous goods mentioned in subsection (1)(b)(i), (ii) or (iii)—the aggregate quantity of the goods, plus 10% of the total gross mass of the specified goods, is 250 or more;(ii)otherwise—the aggregate quantity of the other dangerous goods, plus 25% of the total gross mass of the specified goods, is 1,000 or more.(4)Subsection (1)(a) does not apply to a dangerous good that is an article.(5)In this section—specified goods means—(a)dangerous goods packed in limited quantities; or(b)without limiting paragraph (a), any of the following dangerous goods—(i)fireworks that are bon bons, party poppers or sparklers;(ii)domestic smoke detectors containing radioactive material;(iii)lighters or lighter refills containing flammable gas;(iv)fire extinguishers containing a net mass of not more than 23kg of compressed or liquefied gas; or(c)a combination of any of the dangerous goods mentioned in paragraphs (a) and (b).UN number, for a dangerous good, means the UN number, within the meaning of the ADG Code, for the good.Note—
An aggregate quantity in relation to a load containing dangerous goods mentioned in this section is worked out in the way provided for under schedule 3, definition aggregate quantity.
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 consignors
(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 in—(a)the ICAO technical instructions; or(b)the IMDG Code.
86 Duties of loaders
(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 were 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 in—(a)the ICAO technical instructions; or(b)the IMDG Code.
87 Duties of prime contractors
(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 in—(a)the ICAO technical instructions; or(b)the IMDG Code.
88 Duties of drivers
(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 owners
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 consignors
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 loaders
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 contractors
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 drivers
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 division
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 hazard 6.1;(f)infectious substances of UN division 6.2;(g)dangerous when wet substances of UN division 4.3.
95 Duty of consignors
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 loaders
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 contractors
(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 drivers
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 division
This division applies in relation to goods too dangerous to be transported.Note—
See also section 161Q of the Act.
100 Duty of loaders
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 contractors
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 drivers
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 7A Nominally empty storage vessels
102A Definition for division
In this part—nominally empty storage vessel means a tank or hopper in relation to which section 7.2.7.1 of the ADG Code applies.
102B Duty of consignors
A person must not consign a nominally empty storage vessel for transport in a cargo transport unit if the person knows, or ought reasonably to know, that the vessel is not loaded or stowed, or can not be transported or unloaded, in accordance with chapter 7.2 of the ADG Code.Maximum penalty—20 penalty units.
102C Duty of loaders
A person must not load a nominally empty storage vessel for transport in a cargo transport unit other than in accordance with chapter 7.2 of the ADG Code.Maximum penalty—20 penalty units.
102D Duty of prime contractors
A prime contractor must not transport a nominally empty storage vessel if the contractor knows, or ought reasonably to know, that the transport does not comply with chapter 7.2 of the ADG Code.Maximum penalty—20 penalty units.
102E Duty of drivers
A person must not drive a vehicle transporting a nominally empty storage vessel if the person knows, or ought reasonably to know, that the transport does not comply with chapter 7.2 of the ADG Code.Maximum penalty—13 penalty units.
Part 8 Stowage and restraint
103 Duties of consignors
(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 loaders
(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 contractors
(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 drivers
(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 part
(1)This part applies in relation 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 hazard of 6.1 or 8; and(ii)the load is being transported, or is to be transported, with food or food packaging.(2)However, this part does not apply to the transport of dangerous goods packed in limited quantities.
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, wastepaper, woodchips
109 Duty of consignors
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 loaders
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 contractors
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 drivers
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 under section 172, 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—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 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 172; 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 (2), 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—40 penalty units.
Part 10 Bulk transfer of dangerous goods
Division 1 General
115 Definition for part
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 division
In this division—prescribed dangerous goods means—(a)dangerous goods of UN division 2.1 or subsidiary hazard 2.1; or(b)dangerous goods of UN class 3 or subsidiary hazard 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 a hose connection point is at least—(A)for dangerous goods of UN division 2.1 or subsidiary hazard 2.1—10m; or(B)for dangerous goods of UN class 3 or subsidiary hazard 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 transferors—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 transferors—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 occupiers
(1)The occupier of premises at which the bulk transfer of dangerous goods happens 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 at which the bulk transfer of dangerous goods happens 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 at which the bulk transfer of dangerous goods happens 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 contractors
(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 division
This division applies in relation to the bulk transfer of dangerous goods into a tank vehicle.
122 Duties of transferors
(1)A person must not bulk transfer dangerous goods into a tank of a tank vehicle if—
(6)If the approval does not have an expiry day, the approval expires 5 years after the commencement.
258 Existing applications for particular approvals
(1)This section applies to an application that—(a)is for an approval—(i)under section 224 of the repealed regulation; or(ii)of something that may be approved under a provision (the relevant provision) mentioned in section 257(1)(c); and(b)was made under section 171 of the repealed regulation; and(c)had not been finally decided before the commencement.(2)On the commencement, the application is taken to be an application made under section 172 for an approval under section 245 or the relevant provision.
259 Existing applications for amendments of particular approvals
(1)This section applies to an application that—(a)is for an amendment of an approval of something that may be approved under a provision (the relevant provision) mentioned in section 257(1)(c); and(b)was made under section 171 of the repealed regulation; and(c)had not been finally decided before the commencement.(2)On the commencement, the application is taken to be an application made under section 172 for an amendment of an approval under the relevant provision.
Subdivision 4 Exemptions
260 Existing exemptions
(1)This section applies to an exemption made under section 153 of the Act that—(a)exempts a person or class of persons from complying with a provision of the repealed regulation that is substantially the same as a provision (the relevant provision) of this regulation; and(b)was in effect immediately before the commencement.(2)This section also applies to an exemption made under section 153 of the Act after the commencement—(a)following a review under chapter 4 of the Act; and(b)that exempts a person or class of persons from complying with a provision of the repealed regulation that is substantially the same as a provision (the relevant provision) of this regulation.(3)A reference in the exemption to the provision of the repealed regulation is taken to be a reference to the relevant provision of this regulation.
261 Existing applications for exemptions
(1)This section applies to an application made under section 165 of the repealed regulation that—(a)is for an exemption from complying with a provision of the repealed regulation that is substantially the same as a provision (the relevant provision) of this regulation; and(b)had not been finally decided before the commencement.(2)On the commencement, the application is taken to be an application made under section 166 for an exemption from complying with the relevant provision.
Subdivision 5 Particular existing requirements
262 Particular existing requirements continue
(1)This section applies if—(a)before the commencement, a requirement was made of a person, or a person was required to do something, under any of the following sections of the repealed regulation—(i)section 21(5);(ii)section 77(2);(iii)section 78(2);(iv)section 127(2);(v)section 128(2);(vi)section 132(3);(vii)section 152(5);(viii)section 153(2);(ix)section 154(2);(x)section 197(1);(xi)section 211(2);(xii)section 217(1);(xiii)section 223(1); and(b)the requirement had not been complied with before the commencement.(2)The requirement continues to apply in relation to the person as if this regulation had not been made.(3)The repealed regulation as in force immediately before the commencement continues to apply in relation to the requirement as if this regulation had not been made.
263 Requirements relating to particular incidents continue
(1)This section applies if—(a)an incident to which section 148, 149 or 150 of the repealed regulation applies happened before the commencement; and(b)the section required something to be done or not done in relation to the incident; and(c)the thing had not been done, or had been done, before the commencement.(2)The repealed regulation as in force immediately before the commencement continues to apply in relation to the incident as if this regulation had not been made.
264 Requirements relating to disposal of licensed vehicles continue
(1)This section applies if, before the commencement—(a)a person sold or otherwise disposed of a vehicle to which a dangerous goods vehicle licence under the repealed regulation relates; and(b)the person had not given notice of the sale or disposal under section 207 of the repealed regulation.(2)The repealed regulation as in force immediately before the commencement continues to apply in relation to the sale or disposal as if this regulation had not been made.
Subdivision 6 Permissions
265 Continuing effect of particular permissions
(1)This section applies if, before the commencement—(a)the chief executive gave permission to a prime contractor to transport food or food packaging from a site under section 149(2) of the repealed regulation; and(b)the food or food packaging had not been removed from the site.(2)The permission is taken to be a permission given by the chief executive under section 149(2) of this regulation.(3)To remove any doubt, it is declared that the permission was given when it was given under the repealed regulation.
Subdivision 7 Licences
266 Existing licences
(1)This section applies to the following licences under the repealed regulation in effect immediately before the commencement—(a)a dangerous goods driver licence;(b)a dangerous goods vehicle licence.(2)This section also applies to a dangerous goods driver licence or dangerous goods vehicle licence given under the repealed regulation following a review under subdivision 10.(3)The licence is taken to be a dangerous goods driver licence or dangerous goods vehicle licence given under this regulation subject to the same conditions and restrictions.(4)To remove any doubt, it is declared that the dangerous goods driver licence or dangerous goods vehicle licence was given when it was given under the repealed regulation.
267 Existing applications for particular licences
(1)This section applies to an application that—(a)was made—(i)under section 188 of the repealed regulation for a dangerous goods driver licence; or(ii)under section 200 of the repealed regulation for a dangerous goods vehicle licence; and(b)had not been finally decided before the commencement.(2)The repealed regulation as in force immediately before the commencement continues to apply in relation to the application as if this regulation had not been made.(3)If a dangerous goods driver licence or dangerous goods vehicle licence is given under the repealed regulation in relation to the application, the licence is taken to be a dangerous goods driver licence or dangerous goods vehicle licence given under this regulation subject to the same conditions and restrictions.
268 Existing applications for renewals of particular licences
(1)This section applies to an application that—(a)was made—(i)under section 193 of the repealed regulation for the renewal of a dangerous goods driver licence; or(ii)under section 203 of the repealed regulation for the renewal of a dangerous goods vehicle licence; and(b)had not been finally decided before the commencement.(2)The repealed regulation as in force immediately before the commencement continues to apply in relation to the application as if this regulation had not been made.(3)If the dangerous goods driver licence or dangerous goods vehicle licence is renewed under the repealed regulation, the licence is taken to be a dangerous goods driver licence or dangerous goods vehicle licence given under this regulation.
269 Existing applications for replacement of licence documents
(1)This section applies to an application that—(a)was made under section 211A of the repealed regulation for a replacement licence document; and(b)had not been finally decided before the commencement.(2)The repealed regulation as in force immediately before the commencement continues to apply in relation to the application as if this regulation had not been made.(3)If the replacement licence document is given under the repealed regulation, the replacement licence document is taken to be a replacement licence document given under this regulation.
270 Existing applications for upgrade to smartcard dangerous goods driver licence
(1)This section applies to an application that—(a)was made under section 211B of the repealed regulation for the replacement of a driver authorising document with a smartcard dangerous goods driver licence; and(b)had not been finally decided before the commencement.(2)The repealed regulation as in force immediately before the commencement continues to apply in relation to the application as if this regulation had not been made.(3)If the smartcard dangerous goods driver licence is given under the repealed regulation, the licence is taken to be a smartcard dangerous goods driver licence given under this regulation.
271 Existing directions about destruction of superseded driver authorising documents
(1)This section applies if a person was, immediately before the commencement, directed to destroy the person’s superseded driver authorising document under section 209B of the repealed regulation.(2)The repealed regulation as in force immediately before the commencement continues to apply in relation to the direction as if this regulation had not been made.
Subdivision 8 Existing recommendations
272 Existing recommendations by chief executive
(1)This section applies if, before the commencement—(a)the chief executive made a recommendation under section 158(2) of the repealed regulation that a dangerous goods authority take a proposed action; and(b)the dangerous goods authority had not taken the proposed action.(2)On the commencement, the recommendation is taken to have been made by the chief executive under section 158(2) of this regulation.
273 Existing recommendations by dangerous goods authority
(1)This section applies if, before the commencement—(a)a dangerous goods authority made a recommendation under section 159(1) of the repealed regulation that the chief executive do a thing stated in section 159(1) of the repealed regulation; and(b)the chief executive had not done the thing.(2)On the commencement, the recommendation is taken to have been made by the dangerous goods authority under section 159(1) of this regulation.
Subdivision 9 Existing referrals
274 Existing referrals by chief executive
(1)This section applies if, before the commencement—(a)the chief executive had referred a matter to the competent authorities panel under section 159A(2), 168(1) or (2) or 180(1) or (2) of the repealed regulation; and(b)the competent authorities panel had not made a decision in relation to the referral.(2)On the commencement, the referral is taken to have been made by the chief executive under—(a)if the referral was made under section 159A(2) of the repealed regulation—section 160(2); or(b)if the referral was made under section 168(1) or (2) of the repealed regulation—section 169(1) or (2); or(c)if the referral was made under section 180(1) or (2) of the repealed regulation—section 181(1) or (2).
Subdivision 10 Reviews
275 Definition for subdivision
In this subdivision—reviewable decision means a decision mentioned in schedule 1 of the repealed regulation.
276 Internal reviews about particular decisions
(1)Subsection (2) applies if, before the commencement—(a)a person made an application under section 65 of the Act, as applied by section 220 of the repealed regulation, for a review of a reviewable decision; and(b)a decision on the application for review had not been made.(2)The decision (the review decision) on the application for review must be made under the repealed regulation as in force immediately before the commencement.(3)Subsections (4) and (5) apply if—(a)immediately before the commencement, a person could have applied under section 65 of the Act, as applied by section 220 of the repealed regulation, for a review of a reviewable decision; and(b)the person had not made the application before the commencement.(4)The person may apply for a review of the decision under the repealed regulation as in force immediately before the commencement.(5)If the person applies for a review of the decision, the decision (also the review decision) on the application must be made under the repealed regulation as in force immediately before the commencement.(6)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 as in force immediately before the commencement.(7)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 as in force immediately before the commencement; 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 as in force immediately before the commencement.(b)any further decision about the matter must be made under the repealed regulation as in force immediately before the commencement; and(c)the person in relation to whom the review decision is made may apply to QCAT for a review of the review decision under the repealed regulation as in force immediately before the commencement.(8)For subsections (2) and (4) to (7), the repealed regulation continues to have effect as if this regulation had not been made.
277 External review about particular decisions
(1)Subsection (2) applies if, before the commencement—(a)a person applied to QCAT under section 65A of the Act, as applied by section 220 of the repealed regulation, to review a decision made under section 65 of the Act confirming a reviewable decision; and(b)the review had not been decided.(2)QCAT must hear, or continue to hear, and decide the application under the repealed regulation as in force immediately before the commencement.(3)Subsection (5) applies if—(a)immediately before the commencement, a person could have applied to QCAT under section 65A of the Act, as applied by section 220 of the repealed regulation, to review a decision mentioned in subsection (1)(a); and(b)the person had not made the application before the commencement.(4)Subsection (5) also applies in relation to a decision made under section 276(2) or (5).(5)The person may apply to QCAT for a review of the decision under the repealed regulation as in force immediately before the commencement.(6)If the person applies for a review of the decision, QCAT must review the decision under the repealed regulation as in force immediately before the commencement.(7)If QCAT decides in favour of the applicant, the chief executive must give effect to QCAT’s decision under the repealed regulation as in force immediately before the commencement.Example—
If QCAT decides that an administrative determination the subject of the review must be made, the administrative determination must be made under the repealed regulation.(8)If QCAT refers the matter to the chief executive with directions—(a)the matter must be dealt with under the repealed regulation as in force immediately before the commencement; and(b)the chief executive must follow QCAT’s directions to the extent possible.(9)If QCAT confirms the decision being reviewed, 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 as in force immediately before the commencement; andExample—
If the decision reviewed relates to an application for an administrative determination, the application continues to be an application for an administrative determination under the repealed regulation as in force immediately before the commencement.(b)any further decision about the matter must be made under the repealed regulation as in force immediately before the commencement.(10)For subsections (2) and (5) to (9), the repealed regulation continues to have effect as if this regulation had not been made.
Subdivision 11 Other provision
278 Return of licences
(1)This section applies if, before the commencement, an authorised officer seized, under section 218 of the repealed regulation, a licence or driver authorising document granted under the repealed regulation.(2)Section 219 of the repealed regulation continues to apply in relation to the seizure as if this regulation had not been made.
Schedule 1 Reviewable decisions
section 241
Section | Description of decision |
21 | refusing to approve, or amend an approval of, a test of competence or training course |
23 or 26 | refusing to make or amend an administrative determination under section 23(1) or (2) or making, or amending, an administrative determination on conditions under section 26(1) |
24 or 26 | refusing to make or amend an administrative determination under section 24(1) or making, or amending, an administrative determination on conditions under section 26(1) |
50 | refusing to approve, or amend an approval of, a design of packaging or approving a design, or amending an approval, on conditions |
53 | refusing to approve, or amend an approval of, a method of preparing an overpack or approving a method, or amending an approval, on conditions |
113 | refusing to approve, or amend an approval of, a method of segregation or approving a method, or amending an approval, on conditions |
114 | refusing to approve, or amend an approval of, a design of a type II segregation device or approving a design, or amending an approval, on conditions |
133 | refusing to approve, or amend an approval of, emergency information |
193 or 200 | refusing to grant or amend a dangerous goods driver licence or granting or amending a dangerous goods driver licence on conditions |
195 or 200 | refusing to renew a dangerous goods driver licence or renewing a dangerous goods driver licence on conditions |
208 or 212 | refusing to grant or amend a dangerous goods vehicle licence or granting or amending a dangerous goods vehicle licence on conditions |
210 or 212 | refusing to renew a dangerous goods vehicle licence or renewing a dangerous goods vehicle licence on conditions |
245 | refusing to approve, or amend an approval of, the use of a vehicle that is not covered by a policy of insurance or other form of indemnity mentioned in section 242(1)(a) or 243(1)(a) or approving the use, or amending an approval, on conditions |
Schedule 2 Fees
section 246
Fee units | ||
1 | Application for approval of a design of a tank under section 49 (s 172(1)(b)) | 285.10 |
2 | Application for approval of a design of an IBC under section 49 (s 172(1)(b)) | 57.05 |
3 | Application for grant or renewal of a dangerous goods driver licence (s 189(2)(d) or 194(2)(d))—the total of the following— | |
(a) standard application fee | 59.40 | |
(b) additional application fee | 46.50 | |
4 | Grant or renewal of a dangerous goods vehicle licence (s 208(1)(e) or 210(1)(e))— | |
(a) for a vehicle with a GVM of not more than 8t | 75.90 | |
(b) for a vehicle with a GVM of more than 8t | 152.15 |
Schedule 3 Dictionary
section 7
ADG Code means the code called ‘Australian Code for the Transport of Dangerous Goods by Road and Rail’, seventh edition, published by the National Transport Commission, as amended from time to time.
Note—
See part 21, division 2, in relation to editions of the ADG Code.
Editor’s note—
A copy of the ADG Code is available on the website of the National Transport Commission.
administrative determination means a determination that is an administrative determination under section 25.
ADR, ICAO, IMO, RID or UN approved, for packaging, means approved in accordance with any of the following documents—
(a)the 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 Regulations 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.
application, for part 18, division 7, see section 234.
appropriately marked see section 78.
appropriately placarded see section 84(2).
approval means an approval, other than an administrative determination, exemption or licence, that—
(a)is given under this regulation by the chief executive or an authorised entity; and
(b)is in effect.
approved tank means—
(a)a tank of a design approved under section 50; 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 dependant 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.
authorised entity means an entity authorised under section 54 to issue approvals under section 50 or 53.
bulk container see section 15.
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)an MEGC.
category, for dangerous goods, means the category to which the dangerous goods belong under section 34.
competent authorities panel means the entity—
(a)whose members include—(i)the chief executive; and(ii)dangerous goods authorities; and
(b)established by the Competent Authorities Panel Rules made by the National Transport Commission on 13 June 2008, as amended from time to time.
converter dolly, for part 18, division 4, see section 205.
corresponding approval means an approval to which section 163 applies.
corresponding dangerous goods driver licence means a licence to which section 164 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 164 applies that has effect in this jurisdiction under that section as a dangerous goods vehicle licence.
corresponding determination means a decision to which section 161 applies.
corresponding exemption means an exemption to which section 162 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.
customer communication, for part 18, division 7, see section 234.
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 213, 216 or 221(5).
dangerous goods means goods that are dangerous goods under section 32.
dangerous goods compliance plate, for part 4, division 5, see section 62.
dangerous goods driver licence means a dangerous goods driver licence that is in effect 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 effect under part 18, division 4.
decision-maker, for part 18, division 7, see section 234.
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 made by the chief executive under section 23 or 24 that is in effect.
driver authorising document means a document evidencing a dangerous goods driver licence.
exemption means an exemption given under section 153 of the Actthat is in effect.
Note—
Part 16 provides for matters relating to exemptions under section 153 of the Act.
fitness to drive standards means the standards stated in the document called ‘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; or
(c)plastic wrapping intended for the packaging of food.
foreign approved, in relation to packaging, means packaging that has the markings required under 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 container that—
(a)is of a permanent character suitable for repeated use; and
(b)is designed to facilitate the transport of goods by 1 or more modes of transport, without the need for the goods to be unloaded and reloaded when the container is transferred from one mode to another; and
(c)is fitted with devices that permit the ready stowage and handling of the container, particularly in relation to the transfer of the container from one mode of transport to another; and
(d)is designed in a way that facilitates the ease of loading and unloading of goods from the container; and
(e)for a container used to transport goods other than radioactive material—has an internal volume of not less than 1m³.
general packaging, for part 4, division 4, see section 56.
goods too dangerous to be transported means goods that are goods too dangerous to be transported under section 33.
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 or receptacle; 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 technical instructions means the document called ‘Technical Instructions for the Safe Transport of Dangerous Goods by Air’, published by the International Civil Aviation Organization, as amended from time to time.
IMDG code means the document called ‘International Maritime Dangerous Goods Code’, published by the International Maritime Organization, as amended from time to time.
incompatible means—
(a)in relation to dangerous goods or other goods—see section 37(1); or
(b)in relation to packaging or equipment—see section 37(2).
information, for part 18, division 7, see section 234.
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 Planning and 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 has the meaning given by section 1.2.1 of the ADG Code.
interim transport authority means an interim transport authority issued under the Transport Planning and Coordination Regulation 2017, section 7.
intermediate bulk container see section 16.
intermediate packaging has the meaning given by section 1.2.1 of the ADG Code.
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 packaging that—
(a)consists of outer packaging that contains articles or inner packagings; and
(b)is designed for mechanical handling; and
(c)has—(i)a net mass of more than 400kg or a capacity of more than 450L; and(ii)a volume of not more than 3m³.
licence, for part 18, division 6, see section 219.
licence document, for part 18, division 6, see section 219.
licensee, for—
(a)part 18, division 3—see section 188; or
(b)part 18, division 6—see section 219.
MEGC means multiple-element gas container.
Ministerial Council means the body (however described) that consists of the Minister of the Commonwealth and the Minister of each State, who is responsible, or principally responsible, for matters relating to infrastructure and transport.
multimodal means applicable to, or suitable for use on, more than 1 mode of transport.
multiple-element gas container see section 17.
NATA means the National Association of Testing Authorities, Australia.
nominally empty storage vessel, for part 7A, see section 102A.
other packaging, for part 4, division 5, see section 62.
outer packaging has the meaning given by section 1.2.1 of the ADG Code.
overpack means an enclosure, other than large packaging, used to contain 1 or more packages in a way that forms 1 unit for convenience of stowage and handling during transport.
Examples—
•packages placed or stacked on a pallet and secured by strapping, shrink wrapping, stretch wrapping or another suitable way•packages placed in protective outer packaging such as in a box or crate
packaging includes—
(a)inner packaging, intermediate packaging, outer packaging, an overpack, large packaging, an IBC, an MEGC, a tank (including the tank of a tank vehicle), a bulk container or freight container, a drum, a barrel, a jerry can, a box and a bag; and
(b)any other components or materials used for containing the contents of the packaging or performing another safety function in relation to the transport of the packaging and its contents.
packed in excepted quantities see section 19A.
packed in limited quantities see section 19.
packing group, for dangerous goods, means the packing group to which the dangerous goods belong under section 36.
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 tank used for the transport of a solid, liquid or gas that—
(a)includes a shell fitted with service equipment and structural equipment necessary for the transport of the solid, liquid or gas; and
(b)is capable of being loaded and unloaded without removing its structural equipment; and
(c)has stabilising components external to its shell, and is capable of being lifted when full; and
(d)is designed primarily to be loaded on to a vehicle or vessel and is equipped with skids, mountings or accessories to facilitate mechanical handling; and
(e)for a tank used for transporting a substance of UN Class 1 and UN Class 3 to 9—is a multimodal tank; and
(f)for a tank used for transporting non-refrigerated, liquefied gases of UN Class 2—is a multimodal tank having a capacity of more than 450L; and
(g)for a tank used for transporting refrigerated, liquefied gases of UN Class 2—is a thermally insulated tank having a capacity of more than 450L; and
(h)is not an item that is not considered to be a portable tank for the purposes of the ADG Code.Note—
See the definition of portable tank in section 1.2.1 of the ADG Code for the list of items that are not considered to be a portable tank for the purposes of the ADG Code.
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.
Example of a welded transportable pressure receptacle—
a cylindrical receptacle equipped with a rolling hoop or sphere 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, for a packaging design type, see section 51.
required emergency information, for dangerous goods, for part 11, division 2, see section 129.
risk means risk of personal injury, death, property damage or harm to the environment.
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 39.
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 hazard, for dangerous goods, means the subsidiary hazard to which the dangerous goods belong under section 35.
tank see section 18.
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 ...
tube means a pressure receptacle of seamless or composite construction having a water capacity exceeding 150L but not more than 3,000L.
UN class, for dangerous goods, means the class to which the dangerous goods belong under section 34.
UN division, for dangerous goods, means the division to which the dangerous goods belong under section 34.
unsuitable, in relation to packaging, see section 47.
vehicle, for part 18, division 4, see section 205.
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