Australian Capital Territory Numbered Regulations

DANGEROUS GOODS (ROAD TRANSPORT) AMENDMENT REGULATION 2024 (NO 1) (NO 5 OF 2024) - REG 61

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136A     Offence—prime contractor—fail to keep documents

    (1)     This section applies if the Act, this regulation or the ADG code

requires a prime contractor to create or use a document in relation to the transport of dangerous goods by the prime contractor.

    (2)     The prime contractor commits an offence if, during the 3-month period after the day the dangerous goods are transported—

        (a)     the prime contractor fails to keep the document or a copy of the document in paper form; or

        (b)     the document or the copy of the document in paper form is not readily legible; or

        (c)     if requested by an authorised person to produce the document—fails to produce the document, or a copy of the document, in paper form to the authorised person.

Maximum penalty: 15 penalty units.

Part 13.1A     Dangerous goods packed in limited quantities

136B     Offence—consignor—fail to give prime contractor information

    (1)     A person commits an offence if the person—

        (a)     consigns dangerous goods that are packed in limited quantities for transport; and

        (b)     fails to give the prime contractor information—

              (i)     required to be given to the contractor under the ADG code

, section 3.4.12; or

              (ii)     in the form required under the ADG code

, section 3.4.12.

Maximum penalty: 15 penalty units.

    (2)     A person commits an offence if the person—

        (a)     consigns dangerous goods that are packed in limited quantities for transport; and

        (b)     gives the prime contractor information under the ADG code

, section 3.4.12; and

        (c)     the information given is false or misleading in a material particular; and

        (d)     the person knows, or ought reasonably to know, that the information given is false or misleading in a material particular.

Maximum penalty: 40 penalty units.

136C     Offence—prime contractor—fail to ensure information is readily ascertainable

A prime contractor commits an offence if the prime contractor—

        (a)     receives, under the ADG code

, section 3.4.12, information in relation to dangerous goods packed in limited quantities; and

        (b)     fails to ensure that, during the transport of the goods, the information is readily available to a person involved in the transport of the goods.

Maximum penalty: 15 penalty units.