Commonwealth Consolidated Regulations Commonwealth Consolidated RegulationsPart 1 -- General, interpretation, training and offence provisions
Division 1.1 -- Introductory and application
1.1.1 Name of {subordinate law}
{This subordinate law is} the { Model Subordinate Law on the Transport of Dangerous goods by Road or Rail 2007 }.
This Model Subordinate Law was approved by the Australian Transport Council on 28 February 2007.
The main objects of {this subordinate law} are:
(a) to set out the obligations of persons involved in the transport of dangerous goods by road or rail; and
(b) to reduce as far as practicable the risks of personal injury, death, property damage and environmental harm arising from the transport of dangerous goods by road or rail; and
(c) to give effect to the standards, requirements and procedures of the ADG Code so far as they apply to the transport of dangerous goods by road or rail; and
(d) to promote consistency between the standards, requirements and procedures applying to the transport of dangerous goods by road, rail and other modes of transport. (1.3)
1.1.4 Application to transport by road and rail
Unless the contrary intention appears, the provisions of {this subordinate law} apply to the transport of dangerous goods by road or rail or both rail and road. (new)
{This subordinate law} does not apply to the transport of dangerous goods by, or at the direction of, an authorised officer or an officer of an emergency service, to the extent necessary to avert, eliminate or minimise a dangerous situation. (1.9)
(1) In {this clause}:
"designated dangerous goods" means dangerous goods of:
(a) UN Class 1 (explosives), except:
(i) dangerous goods of UN Division 1.4S; and
(ii) track signals carried in a unit of rolling stock for the safety of persons working in rail transport; or
(b) Category A of UN Division 6.2 (infectious substances); or
(c) UN Class 7 (radioactive material).
(2) {This subordinate law} does not apply to the transport by a person of a load of dangerous goods if:
(a) the load does not contain dangerous goods in a receptacle with a capacity of more than 500 litres or kilograms; and
(b) the goods are not, and do not include, designated dangerous goods; and
(c) the aggregate quantity of the dangerous goods in the load is less than 25% of a placard load; and
(d) the goods are not being transported by the person in the course of a business of transporting goods by road; and
(e) in relation to transport by rail--the goods are not being transported by the person on a passenger train. (1.10)
(1) {This subordinate law} does not apply to the transport by road or rail or both rail and road of dangerous goods of UN Class 1 (explosives) or UN Class 7 (radioactive) except when being transported with other dangerous goods.
(2) {This subordinate law} does not apply to the transport by road or rail or both rail and road of dangerous goods:
(a) in a consignment where the total quantity of dangerous goods is less than the quantity for which an inner package is required by the ADG Code to be marked with a proper shipping name or the technical name of the substance (ADG Code 5.2.1.8); or
(b) in the vehicle's fuel tank that is fitted to the vehicle; or
(c) in an appliance or plant that forms part of the vehicle and is necessary for its operation; or
(d) that are portable fire fighting equipment or other portable safety equipment and are part of the vehicles' safety equipment.
1.1.8 Special provisions for tools of trade
(1) This [clause] applies to a load:
(a) if the load includes:
(i) an aggregate quantity of dangerous goods of less than 500 that does not include any dangerous goods of UN Division 2.1 (that are not aerosols) or UN Division 2.3 or Packing Group I; or
(ii) an aggregate quantity of dangerous goods of less than 250 that does include dangerous goods of UN Division 2.1 (that are not aerosols) or UN Division 2.3 or Packing Group I, provided that the aggregate quantity of UN Division 2.3 and Packing Group I is less than 100; and
(b) the goods are not being transported in the course of a business of transporting goods but are being transported:
(i) by a person who intends to use them; or
(ii) so that they be used for a commercial purpose.
Note 1: The total of both UN Division 2.3 and Packing Group I must be less than 100 for the exemption given by this provision to apply, not 100 of each of UN Division 2.3 and Packing Group I).
Note 2: Dangerous goods of UN Division 2.3 and Packing Group I with an aggregate quantity of less than 100 may be included in the 500 for the exemption to apply - not 100 of Packing Group I and 500 of other dangerous goods
(2) Despite the other provisions of {this subordinate law}, only the provisions of this {clause} apply to dangerous goods to which {this clause} applies.
(3) A person must not transport dangerous goods to which this {clause} applies unless:
(a) each package is loaded, secured, segregated, transported and unloaded in such a way as to ensure that;
(i) its packaging remains fit for its purpose; and
(ii) the risks to any person, property or the environment are minimised; and
(b) each package complies with the packaging requirements appropriate to the quantity of dangerous goods, as specified in Part 4; and
(c) each package is labelled and marked as specified in Division 5.1.
Offence provision.
(4) A person transporting dangerous goods in accordance with {this clause} of UN Class 3, UN Class 4, UN Class 5 and UN Class 6 with an aggregate quantity of more than 250 must not transport them:
(a) in the passenger compartment of a vehicle; or
(b) in an enclosed space that is not separated from the passenger compartment of the vehicle.
Offence provision.
(5) A person transporting dangerous goods in accordance with {this clause} of UN Division 2.1, UN Division 2.3 and Packing Group I with an aggregate quantity of more than 50 must not transport them:
(a) in the passenger compartment of a vehicle; or
(b) in any other enclosed space in the vehicle.
Offence provision.
Division 1.2 -- Interpretation
Note: Definitions preceded by an * are taken from the Act.
In {this subordinate law}, unless the contrary intention appears:
"Act" means the {Model Law on the Transport of Dangerous Goods by Road or Rail }.
"*ADG Code" means the Australian Code for the Transport of Dangerous Goods by Road and Rail, approved by the Australian Transport Council.
"administrative determination--" see {clause} 1.6.4 .
"ADR approved" means approved in accordance with the European Agreement Concerning the International Carriage of Dangerous Goods by Road published by the Inland Transport Committee of the Economic Commission for Europe.
"aggregate" quantity , in relation to a load containing dangerous goods, means the total of:
(a) the number of kilograms of:
(i) solid dangerous goods; and
(ii) articles;
in the load; and
(b) the number of litres or kilograms, being whichever is used in the transport documentation for the load to describe 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 (except aerosols). (2.10 amd based on ADG7)
"appropriately marked--" see {clause} 5.2.2.
"approval" , for a provision of {this subordinate law}, means an approval by the Competent Authority that is in force under the provision.
"approved packaging" means:
(a) packaging of a design that is approved under {clause} 4.2.4; or
(b) foreign approved packaging.
"approved tank" means:
(a) a tank of a design that is approved under {clause} 4.2.4; or
(b) a foreign approved tank.
"approved test" means a test that is approved under paragraph 1.3.2 (1) (a).
"approved training course" means a training course that is approved under paragraph 1.3.2 (1) (b).
" Australian Road Rules" means the { National Transport Commission (Road Transport Legislation--Australian Road Rules) Regulations 2006 }.
"Australian Transport Council" means the council of Commonwealth, New Zealand, State, Australian Capital Territory and Northern Territory Ministers, established on 11 June 1993 and known as the Australian Transport Council, but constituted so that it consists of only 1 Minister representing each of the Commonwealth, the States, the Australian Capital Territory and the Northern Territory.
"*authorised officer" means an authorised officer appointed under section 12 of the Act.
"bulk container--" see {clause} 1.2.6.
"capacity" means the total internal volume of a receptacle, packaging or other container at a temperature of 15° Celsius, expressed in litres or cubic metres.
"Category" , for dangerous goods--see {subclause} 2.1.3 (3).
"combination road vehicle" means a group of road vehicles consisting of:
(a) a prime mover and 2 or more trailers; or
(b) a rigid vehicle and 1 or more trailers.
"Competent Authorities Panel" or CAP-- see {clause} 15.2.1.
"*Competent Authority" means the relevant Competent Authority appointed under section 11 of the Act.
"compliance plate" means a plate that must be attached to a portable tank, MEGC or tank vehicle under Part 6 of the ADG Code.
"consigns" and consignor-- see {clause} 1.2.15.
"containment unit--" see [clause 4.1.3].
"corresponding approval" means an approval to which {clause} 15.4.3 applies.
"corresponding authority" means a Competent Authority of a participating jurisdiction.
"corresponding determination" means a determination to which {clause} 15.4.1 applies.
"corresponding exemption" means an exemption to which {clause} 15.4.2 applies.
"dangerous goods--" see {clause} 2.1.1.
"dangerous goods driver licence" means a licence that is in force under Division 18.3.
"Dangerous Goods List" means the list set out in section 3.2.3 of the ADG Code, being a list of goods that are dangerous goods because they satisfy the criteria set out, or referred to, in Part 2 of the ADG Code.
"dangerous goods vehicle licence" means a licence that is in force under Division 18.4.
"*dangerous situation" means a situation that is causing or is likely to cause imminent risk of serious injury to a person, significant harm to the environment or significant damage to property.
"demountable tank" means a tank, other than a portable tank, that is designed to be carried on a vehicle but that does not form part of and is not permanently attached to the vehicle and is designed to be removable.
"determination" , for a provision of {this subordinate law}, means a determination that is made by the Competent Authority and that is in effect under the provision.
"driver licence" means a licence (including a probationary and a conditional licence but not including a provisional or learner licence) issued under a State or Territory law authorising the licensee to drive a road vehicle.
"emergency service" means:
(a) an ambulance, fire, police or other emergency service of a participating jurisdiction; or
(b) a unit of the Defence Force corresponding to a service mentioned in paragraph (a).
"exemption" means an exemption in force under section 64 of the Act.
"food" includes:
(a) a substance prepared or intended for human or animal consumption; and
(b) a substance (except dangerous goods) intended to be an ingredient of food.
"food packaging" means:
(a) a receptacle that contains, or is designed or intended to contain, food; or
(b) material designed or intended to be used in a receptacle that is designed or intended to contain food.
"foreign approved" , in relation to packaging, means packaging that has the markings required by Part 6 of the ADG Code for packaging of its type, in confirmation that the packaging is ADR, ICAO, IMO, RID or UN approved.
Note: Types of foreign approved packaging include, but are not limited to bulk containers, IBCs, large packagings, MEGCs, portable tanks, pressure drums and tubes that are ADR, ICAO, IMO, RID or UN approved.
"freight container" means a re - useable container of the kind mentioned in Australian/New Zealand Standard AS/NZS 3711 that is designed for repeated use for the transport of goods by 1 or more modes of transport.
"hose assembly" means a hose, or hoses connected together, for use in the transfer of dangerous goods to or from a tank on a vehicle, portable tank or storage receptacle and includes:
(a) if there are 2 or more hoses connected together--the connections between the hoses; and
(b) the attachment connecting the hose or hoses to the tank; and
(c) anything else (except the vehicle, portable tank or storage receptacle) attached to the hose or hoses.
"IBC" or intermediate bulk container-- see {clause} 1.2.7.
"ICAO approved" means approved in accordance with the Technical Instructions for the Safe Transport of Dangerous Goods by Air published by the International Civil Aviation Organisation.
"IMO approved" means approved in accordance with the International Maritime Dangerous Goods Code published by the International Maritime Organisation.
"incompatible--" see {clause} 2.1.6.
"inner packaging" , in relation to dangerous goods, means packaging for which outer packaging is required when used in the transport of dangerous goods.
"*involvement in the transport of dangerous goods" includes:
(a) importing, or arranging for the importation of, dangerous goods into Australia; and
(b) packing dangerous goods for transport; and
(c) marking packages and overpacks containing dangerous goods for transport, and placarding containers and vehicles in which dangerous goods are transported; and
(d) consigning dangerous goods for transport, including the preparation of transport documentation; and
(e) loading dangerous goods onto a vehicle, or into a container that is to be put on a vehicle, for transport or unloading dangerous goods that have been transported; and
(f) undertaking, or being responsible for, otherwise than as an employee or sub - contractor, the transport of dangerous goods; and
(g) driving a vehicle carrying dangerous goods; and
(h) being the consignee of dangerous goods that are transported; and
(i) being involved as a director, secretary or manager of a body corporate, or other person who takes part in the management of a body corporate, that takes part in an activity covered by this definition.
"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 or Territory.
"large packaging" means outer packaging that:
(a) is designed for mechanical handling; and
(b) has a capacity of not more than 3 m 3 ; and
(c) is intended to contain articles or inner packaging with:
(i) a net mass of more than 400 kg; or
(ii) capacities totalling more than 450 litres.
"licence label" means a dangerous goods vehicle licence label issued under {clause} 18.4.11.
"licensed vehicle" means a vehicle for which a dangerous goods vehicle licence is in force.
"loads" and loader-- see {clause} 1.2.17.
"MEGC" or multiple-element gas container-- see {clause} 1.2.8.
"multimodal" means applicable to, or suitable for use on, more than 1 mode of transport.
"NATA" means the National Association of Testing Authorities.
"*offence" means an offence against the Act or {this subordinate law}.
"outer packaging" , in relation to dangerous goods, means external packaging (including absorbent materials, cushioning and any other components) necessary to contain and protect:
(a) articles; or
(b) receptacles in composite packaging; or
(c) inner packaging in combination packaging.
"*overpack" , in relation to the transport of dangerous goods, means packaging (other than large packaging) used to hold and consolidate packages into a single unit for easier handling and stowage.
Examples
Pallet, together with strapping or shrink wrapping, designed to hold packages
Box or crate into which packages are placed.
"owner" , of a vehicle,--see {clause} 1.2.14.
"package--" see {subclause} 4.1.2 (1).
"packaging--" see {subclause} 4.1.2 (2).
"packed in limited quantities--" see {clause}1.2.9.
"Packing Group--" see {clause} 2.1.5.
"packs" and packer-- see {clause} 1.2.16.
"participating jurisdiction" means another State or Territory that has a corresponding law within the meaning of the Act.
"*placard" means a label or emergency information panel that is displayed in accordance with Chapter 5.3 of the ADG Code on:
(a) a transport unit; or
(b) a container having one or more receptacles with a capacity of more than 500 kilograms or litres.
"placard load" means a load of dangerous goods that must be placarded under {clause} 5.3.1. (2.13 amd)
"portable tank" means a multimodal tank that:
(a) is designed primarily to be loaded on to a vehicle or ship; and
(b) has a capacity of more than 450 litres; and
(c) is equipped with skids, mountings, stabilizers and accessories to facilitate mechanical handling; and
(d) is capable of being loaded and unloaded without removing its service or structural equipment; and
(e) is capable of being lifted when full.
"*premises" includes a structure, whether permanent or temporary, and land, but does not include a vehicle.
"pressure drums" are welded transportable pressure receptacles of a water capacity exceeding 150 litres and of not more than 1 000 litres, (eg cylindrical receptacles equipped with rolling hoops, spheres on skids).
"*prime contractor--" see {clause} 1.2.18.
"prime mover" means a road vehicle that is designed to tow a trailer but does not include a vehicle that has a load carrying capacity in addition to a trailer.
"rail authority," in respect of a train on a railway, means the person or body (whether or not a public authority) that is responsible for the care, control or management of the railway.
"*rail operator--" see {clause} 1.2.19.
"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.
"register--" see {clause} 15.1.1.
"registered" means registered under State or Territory law.
"RID approved" means approved in accordance with the International Regulations Concerning the Carriage of Dangerous Goods by Rail published by the Inland Transport Committee of the Economic Commission for Europe.
"risk" means risk of personal injury, death, property damage or harm to the environment.
"road" and road-related area-- see {clause} 1.2.10.
"subsidiary risk--" see {clause} 2.1.4.
"tank" see {clause} 1.2.12.
"tank vehicle" means a road vehicle or unit of rolling stock:
(a) of which a tank forms part; or
(b) to which a tank (other than a portable tank) is attached.
"trailer" means a road vehicle that is designed to be towed, or is towed, by another road vehicle but does not include a road vehicle propelled by a motor that forms part of the vehicle.
"*train" means 2 or more units of rolling stock (at least 1 unit of which is a locomotive or self - propelled unit) that are coupled together.
Note 1: See {clause} 1.2.11 for references to rolling stock.
Note 2: Rail wagon, rail tank wagon, locomotive, guard's van, crew or passenger carriage and track maintenance vehicle are examples of units of rolling stock.
"*transport" , in relation to dangerous goods, includes:
(a) the packing, loading and unloading of the goods, and the transfer of the goods to or from a vehicle, for the purpose of their transport; and
(b) the marking of packages and overpacks containing dangerous goods, and the placarding of containers and vehicles in or on which dangerous goods are transported; and
(c) other matters incidental to their transport.
"transport unit--" see {clause}1.2.13.
"tubes" are seamless transportable pressure receptacles of a water capacity exceeding 150 litres but not more than 3 000 litres.
"UN approved" means approved by a competent authority outside Australia in accordance with the United Nations Model Regulations for the Transport of Dangerous Goods published by the United Nations.
"UN Class" , for dangerous goods, means the class to which dangerous goods belong in accordance with {clause} 2.1.3.
"UN Division" , for dangerous goods, means the division to which dangerous goods of a particular UN Class belong in accordance with {clause} 2.1.3.
"*unit of rolling stock" means a vehicle designed to run on rails.
"*vehicle" means:
(a) a road vehicle, including an articulated vehicle; or
(b) a unit of rolling stock.
Examples for paragraph (b)
Rail wagon, rail tank wagon, locomotive, guard's van, crew or passenger carriage and track maintenance vehicle are examples of units of rolling stock.
1.2.2 References to codes, standards and rules
(1) In this {clause}:
"instrument" means a code, standard or rule (whether made in or outside Australia) relating to dangerous goods or to transport by road or rail, and includes a provision of an instrument.
(2) In {this subordinate law}, a reference to an instrument includes a reference to another instrument as applied or adopted by, or incorporated in, the first instrument.
(3) In {this subordinate law}, unless the contrary intention appears, a reference to an instrument is a reference to the instrument as amended from time to time. (1.5)
1.2.3 Inconsistency between {this subordinate law} and codes etc
If a code, standard or rule (whether made in or outside Australia) relating to dangerous goods or to transport by road or rail is applied or adopted by, or is incorporated in, {this subordinate law} and the code, standard or rule is inconsistent with {this subordinate law}, {this subordinate law} prevails to the extent of the inconsistency. (1.6)
1.2.4 References to determinations, exemptions, approvals and licences
In {this subordinate law}, a reference to:
(a) a determination, exemption, approval, dangerous goods driver licence or dangerous goods vehicle licence; or
(b) a corresponding determination, exemption, approval, dangerous goods driver licence or dangerous goods vehicle licence;
includes a reference to the determination, exemption, approval or licence as varied. (1.7)
1.2.5 References to variation of administrative determinations etc
In {this subordinate law}, a reference to the variation of:
(a) an administrative determination, exemption, approval, dangerous goods driver licence or dangerous goods vehicle licence; or
(b) a corresponding administrative determination, exemption, approval, dangerous goods driver licence or dangerous goods vehicle licence;
includes a reference to a variation by addition, omission or substitution. (1.8)
Example
The addition of a new condition to an existing administrative determination.
1.2.6 Meaning of bulk container
(1) Bulk container means a container (with or without a liner or coating) that:
(a) has a capacity of 1.0 m 3 or more; and
(b) is intended for the transport of solid dangerous goods that are in direct contact with the container.
(2) To avoid doubt, the following are not bulk containers even if they have a capacity of 1.0 m 3 or more and are intended for the transport of solid dangerous goods:
(a) a large packaging that complies with the requirements of Chapter 6.6 of the ADG Code;
(b) an IBC;
(c) a tank;
(d) a tank vehicle;
(e) any other packaging that complies with the requirements of Chapter 6.1 or 6.3 of the ADG Code.
(1) Subject to {subclause} (2), IBC or intermediate bulk container means a rigid or flexible portable packaging for the transport of dangerous goods that complies with the specifications in 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--1 500 litres; and
(ii) for solids of Packing Group I packed in a metal container--3 000 litres; and
(iii) for solids or liquids of Packing Groups II and III--3 000 litres; and
(iv) for any other dangerous goods--3 000 litres; and
(b) is designed for mechanical handling.
(2) Rigid or flexible portable packaging that complies with the requirements of Chapter 6.1, 6.3 or 6.6 of the ADG Code cannot be an IBC.
MEGC or multiple - element gas container means:
(a) multimodal assemblies of cylinders, tubes and bundles of cylinders that are interconnected by a manifold and assembled within a framework; and
(b) service and structural equipment necessary for the transport of gases in the cylinders and tubes.
1.2.9 Dangerous goods 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 does not exceed the quantity specified, or referred to, in column 7 of the Dangerous Goods List for those goods.
1.2.10 Roads and road - related areas
(1) Each reference in {this subordinate law} to a road includes a reference to a road - related area .
(2) Road and road - related area have the same meanings as they have in the Australian Road Rules.
1.2.11 References to rolling stock
For purposes of {this subordinate law}, rolling stock that is designed to operate or be used on the road or on a railway track is rolling stock only while it is being operated or used on a railway track.
(1) Subject to {subclauses} (2) and (3), tank means:
(a) a receptacle for receiving and holding dangerous goods; and
(b) any service or structural equipment that enables the receptacle to transport those goods.
(2) A receptacle for receiving and holding dangerous goods of UN Class 2 is not a tank unless it has a capacity of more than 450 litres.
(3) The following are not tanks:
(a) packaging that complies with the requirements of Chapter 6.1, 6.3 or 6.6 of the ADG Code;
(b) an IBC;
(c) an MEGC;
(d) a cylinder;
(e) a pressure drum;
(f) a tube;
(g) a bulk container that complies with the requirements of Chapter 6.8 of the ADG Code.
Note: The kinds of packaging dealt with under Chapter 6.1 of the ADG Code include drums, barrels, jerry cans, boxes, bags and composite packaging. Chapter 6.3 of the ADG Code deals with packaging for infectious substances.
1.2.13 Meaning of transport unit
Transport unit means:
(a) a vehicle; or
(b) a portable tank; or
(c) a bulk container; or
(d) a freight container.
Subdivision 1.2.2 -- Persons with special duties
A person is an owner of a vehicle if the person:
(a) is the sole owner, a joint owner or a part owner of the vehicle; or
(b) has possession or use of the vehicle under a credit, hire - purchase, lease or other agreement, except an agreement requiring the vehicle to be registered in the name of someone else. (2.18)
(1) A person consigns dangerous or other goods for transport, and is the consignor of the goods, if:
(a) {subclause} (2) applies to the person; or
(b) {subclause} (2) does not apply to the person or anyone else, but {subclause} (3) applies to the person; or
(c) {subclauses} (2) and (3) do not apply to the person or anyone else, but {subclause} (4) applies to the person.
(2) This {subclause} applies to a person who, with the person's authority, is named or otherwise identified in transport documentation that complies with Chapter 11.1 of the ADG Code as the consignor of the goods.
(3) This {subclause} applies to a person who:
(a) engages a prime contractor or rail operator, either directly or through an agent or other intermediary, to transport the goods; or
(b) if paragraph (a) does not apply, has possession of, or control over, the goods immediately before the goods are transported; or
(c) if neither paragraph (a) or (b) applies, loads a vehicle with the goods, for transport, at a place:
(i) where dangerous goods are awaiting collection; and
(ii) that is unattended (except by the driver) during loading.
(4) This {subclause} applies to a person if:
(a) the goods are imported into Australia; and
(b) the person is the importer of the goods. (2.19)
A person packs dangerous or other goods for transport, and is a packer of the goods, if the person:
(a) puts the goods in a packaging; or
(b) assembles packages into an overpack or large packaging; or
(c) supervises an activity mentioned in paragraph (a) or (b); or
(d) manages or controls an activity mentioned in paragraph (a), (b) or (c). (2.20)
A person loads dangerous or other goods for transport, and is a loader of the goods, if the person:
(a) loads the goods in or on a transport unit; or
(b) places or secures a portable transport unit containing the goods for transport on a vehicle; or
(c) supervises an activity mentioned in paragraph (a) or (b); or
(d) manages or controls an activity mentioned in paragraph (a), (b) or (c). (2.21)
A person is the prime contractor for the transport of dangerous or other goods by road if the person, in conducting a business for or involving the transport of dangerous goods by road, undertakes to be responsible, or is responsible, for the transport of the goods by road. (2.22, road)
A person is a rail operator for the transport of dangerous or other goods by rail if the person undertakes to be responsible, or is responsible, for:
(a) the transport of the goods by rail; or
(b) the condition of a unit of rolling stock transporting the goods. (2.22, rail)
1.3.1 Instruction and training
(1) This {clause} applies to any task involved in the transport of dangerous goods, including the following:
(a) packing dangerous goods;
(b) consigning dangerous goods;
(c) loading dangerous goods;
(d) unloading dangerous goods;
(e) marking packages and overpacks;
(f) placarding transport units;
(g) preparing transport documentation;
(h) maintaining vehicles and equipment used in the transport of dangerous goods;
(i) driving a vehicle transporting dangerous goods;
(j) being the consignee of dangerous goods;
(k) following the appropriate procedures in accordance with {this subordinate law} in a dangerous situation.
(2) A person who is responsible for management or control of a task must not employ, engage or permit someone else to perform the task if the other person:
(a) has not received, or is not receiving, appropriate instruction and training to ensure that he or she is able to perform the task safely and in accordance with {this subordinate law}; or
(b) is not appropriately supervised in performing the task to ensure that he or she is able to perform the task safely and in accordance with {this subordinate law}. (20.1, amd/2)
Offence provision.
(3) A person must not manage, control or supervise a task unless the person has received instruction and training to enable him or her to manage, control or supervise another person to perform the task safely and in accordance with {this subordinate law}.
Offence provision.
1.3.2 Approvals--tests and training courses for drivers
(1) The Competent Authority may, on application in accordance with {clause} 17.1.1, approve:
(a) a test of competence for drivers of road vehicles transporting dangerous goods; or
(b) a training course for drivers of road vehicles transporting dangerous goods.
(2) The Competent Authority may approve a test of competence only if the Authority considers that a person who passes the test, or completes the course, will have the skills and knowledge to perform the task to which the test or course relates safely and in accordance with {this subordinate law}. (20.2)
Division 1.5 -- Provisions about offences generally
(1) If a provision of {this subordinate law} is followed by the phrase 'Offence provision', an individual who fails to comply with the provision is guilty of an offence punishable by a penalty not exceeding the amount set out for the offence in column 3 of Schedule 2.1. (new)
(2) If a body corporate is found guilty of the offence, the maximum fine for the body corporate is 5 times the maximum fine that could be imposed on an individual for the offence. (1.28, amd)
1.5.2 Goods suspected of being dangerous goods
(1) Where it is not clear from the Dangerous Goods List whether goods are dangerous goods but a person suspects, or reasonably ought to suspect, that they are, the person must not consign or transport them until:
(a) the goods have been classified in accordance with the ADG Code; or
(b) a determination has been made under paragraph 1.6.1 (1) (a).
Offence provision.
(2) If the goods are found to be dangerous goods the person must not consign or transport them except in accordance with {this subordinate law} and the ADG Code.
Offence provision.
Division 1.6 -- Determinations
1.6.1 Determinations--dangerous goods and packaging
(1) The Competent Authority may determine that goods are or are not:
(a) dangerous goods; or
(b) dangerous goods of a particular UN Class, UN Division or Category; or
(c) dangerous goods with a particular subsidiary risk; or
(d) substances of a particular Packing Group; or
(e) incompatible with particular dangerous goods.
(2) The Competent Authority may determine that:
(a) particular dangerous goods are or are not too dangerous to be transported; or
(b) particular dangerous goods must not be or may be transported in or on the same transport unit or freight container as other goods, whether or not dangerous goods; or (1.18)
(c) particular dangerous goods may or may not be transported in an IBC, portable tank, MEGC, tank vehicle or bulk container despite any prohibition or authorisation in the Dangerous Goods List.
(3) A determination may be subject to any condition necessary for the safe transport of dangerous goods. (1.20)
(4) A person to whom a determination applies must not contravene a condition of the determination.
Offence provision.
{(5) An offence against {subclause} (4) is an offence of strict liability.} (17.7, amd/2)
1.6.2 Determinations--foreign approved IBCs, tanks and MEGCs
The Competent Authority may determine the dangerous goods that must not be transported in a foreign approved IBC, portable tank or MEGC. (4.27, amd)
1.6.3 Determinations--vehicles, routes, areas and times
The Competent Authority may determine that particular dangerous goods may be or must or must not be transported:
(a) using a specified vehicle, or kind of vehicle; or
(b) on a specified route; or
(c) in or through a specified area; or
(d) at a specified time; or
(e) in quantities in excess of a specified amount; or
(f) in specified packaging. (13.7, amd)
1.6.4 Administrative determinations
A determination is an administrative determination if the determination:
(a) is made on the application of a person; and
(b) applies only to the person. (1.19)
Note: Part 17 contains provisions dealing with administrative determinations, including applications for administrative determinations and their cancellation and variation.
1.6.5 Register of determinations
(1) The Competent Authority must:
(a) keep a register of determinations; or
(b) with other Competent Authorities, keep a central register of determinations.
(2) The register may have separate divisions for different kinds of determinations.
(3) The Competent Authority must record in the register:
(a) each determination made under {this subordinate law} that is not an administrative determination; and
(b) each corresponding determination.
(4) The Competent Authority must note in the register:
(a) the revocation of a determination made under {this subordinate law}; and
(b) a decision of CAP reversing a decision that a corresponding determination should have effect in all participating jurisdictions or participating jurisdictions including this jurisdiction. (1.21)
1.6.6 Records of determinations
The record of a determination in the register must include:
(a) the provisions of the determination; or
(b) the following information:
(i) the title of the Government Gazette where the determination was notified or published and the date of notification or publication;
(ii) the provisions of {this subordinate law}, and of the ADG Code, to which the determination relates;
(iii) the dangerous goods, equipment, packaging, vehicle or other thing to which the determination relates. (1.22)
(1) Goods are dangerous goods if:
(a) the goods are determined under paragraph 1.6.1 (1) (a) to be dangerous goods; or
(b) the goods satisfy the criteria set out, or referred to, in Part 2 of the ADG Code for determining whether goods are dangerous goods.
(2) However, goods that satisfy the criteria set out, or referred to, in Part 2 of the ADG Code are not dangerous goods if the goods are:
(a) determined under paragraph 1.6.1 (1) (a) not to be dangerous goods; or
(b) described as not subject to the ADG Code in a special provision in Chapter 3.3 of the ADG Code that is applied to the goods by column 6 of the Dangerous Goods List.
2.1.2 Goods too dangerous to be transported
Dangerous goods are too dangerous to be transported if they are:
(a) goods set out or described in Appendix A to the ADG Code; or
(b) goods determined under paragraph 1.6.1 (2) (a) to be too dangerous to be transported; or
(c) goods (other than goods mentioned in paragraph (a) or (b)) that are so sensitive or unstable that they cannot be safely transported even if the relevant requirements of {this subordinate law} and the ADG Code are complied with. (2.1, amd)
Note: Section 70 of the Act provides that a person must not consign for transport goods that {this subordinate law} identifies as being too dangerous to be transported.
2.1.3 UN Classes, UN Divisions and Categories of dangerous goods
(1) Dangerous goods are assigned, in accordance with {subclause} (4), to 1 of the UN Classes 1 to 9.
(2) Dangerous goods may also be assigned, in accordance with {subclause} (4), to 1 of the UN Divisions into which some of the UN Classes of dangerous goods are divided.
(3) Some UN Classes or Divisions may be further divided into Categories .
Examples
UN Division 6.2 infectious substances are divided into:
(a) Category A (substances transported in a form that, if exposure occurs, can cause permanent disability or life - threatening or fatal disease to humans or animals); and
(b) Category B (others).
(4) Dangerous goods are assigned to the following UN Class or Division:
(a) if a determination under paragraph 1.6.1 (1) (b) that the goods are of a particular UN Class or Division is in effect in relation to the goods--the UN Class or Division specified in the determination; or
(b) if no such determination is in effect--the UN Class or Division determined in accordance with Part 2 of the ADG Code. (2.3, amd)
(5) For dangerous goods that are listed in the Dangerous Goods List, the UN Class or Division determined in accordance with Part 2 of the ADG Code is, subject to {subclause} (6), found in column 2 of that list.
(6) If a special provision in Chapter 3.3 of the ADG Code that assigns the goods to a UN Class or Division applies under column 6 of the Dangerous Goods List, the goods are assigned to that UN Class or Division.
Note: In determining to which UN Class or Division dangerous goods are assigned, a determination under paragraph 1.6.1 (1) (b) that is in effect takes precedence over any other method of determining to which UN Class or Division goods are assigned.
(1) A reference to dangerous goods with a subsidiary risk is a reference to dangerous goods that:
(a) are assigned a subsidiary risk by a determination under paragraph 1.6.1 (1) (c); or
(b) satisfy the criteria set out, or referred to, in Part 2 of the ADG Code for assignment to more than 1 UN Class or Division.
(2) Dangerous goods are assigned a particular subsidiary risk in accordance with:
(a) the determination under paragraph 1.6.1 (1) (c); or
(b) if there is no such determination--Column 4 of the Dangerous Goods List, subject to any special provision in Chapter 3.3 of the ADG Code that is applied to the goods by column 6 of the Dangerous Goods List.
(3) If dangerous goods described in paragraph (1) (b) cannot be assigned a particular subsidiary risk in accordance with {subclause} (2), the particular subsidiary risk or risks for those dangerous goods must be determined in accordance with section 2.0.3 of the ADG Code.
(1) Dangerous goods that are substances may be assigned, in accordance with this {clause}, to 1 of the following Packing Groups that indicate the degree of danger and level of containment required for the substances:
(a) Packing Group I (substances presenting high danger);
(b) Packing Group II (substances presenting medium danger);
(c) Packing Group III (substances presenting low danger).
(2) If a determination under paragraph 1.6.1 (1) (d) that the substance is of a particular Packing Group is in effect--the substance is assigned to that Packing Group.
(3) If no such determination is in effect, dangerous goods that are substances of UN Classes 3, 4, 8 and 9 and UN Divisions 5.1 and 6.1 are assigned to Packing Groups as follows:
(a) if there is only 1 entry for the substance in column 5 of the Dangerous Goods List--the substance is assigned to the Packing Group indicated by that entry;
(b) if the entry for the substance in the Dangerous Goods List incorporates a reference in column 6 to a Special Provision in Chapter 3.3 of the ADG Code that assigns the substance to a Packing Group--the substance is assigned to that Packing Group;
(c) if there is no entry for the substance in column 5 of the Dangerous Goods List and paragraph (b) does not apply--the substance is not assigned to a Packing Group;
(d) if there is more than 1 entry for the substance in column 5 of the Dangerous Goods List--the substance is assigned to whichever Packing Group indicated by 1 of those entries applies in accordance with the criteria set out, or referred to, in Part 2 of the ADG Code for assignment of Packing Groups to substances.
(1) Dangerous or other goods are incompatible with dangerous goods if:
(a) the goods are determined under paragraph 1.6.1 (1) (e) to be incompatible with the dangerous goods; or
(b) 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) A containment system, (including a packaging, tank, bulk container, IBC or MEGC) or equipment for use in the transport of dangerous goods is incompatible with the goods if any component of the system or equipment that is intended or likely to come into contact with the substance during handling or transport:
(a) is likely to interact with the goods and increase risk because of the interaction; and
(b) is not protected from contact under foreseeable circumstances by a protective coating or other effective means.
4.1.1 Transport of dangerous goods in limited quantities
Despite anything else in this Part, the packing of dangerous goods in limited quantities may be made in accordance with Chapter 3.4 of the ADG Code.
(1) A package of dangerous goods or other goods is the complete product of the packing of the goods for transport, and consists of the goods and their packaging.
(2) The packaging of the goods is the container in which the goods are received or held for transport, and includes anything that enables the container:
(a) to receive or hold the goods; or
(b) to be closed. (2.7, amd)
Note 1: It may be that the container constitutes the whole of the packaging as in the case of a drum in which is directly placed dangerous goods.
Note 2: Unlike in United Nations publications relating to the transport of dangerous goods, the term packaging is used in {this subordinate law} in its ordinary meaning. As such, packaging includes inner, outer and composite packaging; overpacks and large packaging; IBCs; MEGCs; tanks; bulk and freight containers; drums; barrels; jerry cans; boxes and bags.
In this Part:
"containment unit" means a tank vehicle or any of the following packaging:
(a) an IBC;
(b) a portable tank;
(c) an MEGC;
(d) a freight container.
Division 4.2 -- Suitability and design of packaging
4.2.1 Suitability of packaging
(1) Packaging is unsuitable for the transport of dangerous goods if the packaging:
(a) is not approved packaging; or
(b) is not manufactured in accordance with the requirements of Part 6 of the ADG Code. (3.1, amd)
(2) Packaging that is approved packaging and manufactured in accordance with the requirements of Part 6 of the ADG Code is unsuitable for the transport of dangerous goods if it is not packed, filled or used in accordance with Part 4 of the ADG Code.
Note: See Note 2 for {clause} 4.1.2 in respect of the meaning of the term packaging .
(1) A person must not apply any marking required by Part 6 of the ADG Code on packaging if the packaging is not approved packaging.
Offence provision. (3.2, amd)
(2) A person must not apply a marking mentioned in Part 6 of the ADG Code on packaging that is not appropriate for the packaging.
Offence provision. (3.2, amd)
{(3) An offence against {subclause} (1) or (2) is an offence of strict liability.}
4.2.3 Applications for approval
(1) The design of packaging required to undergo tests under Part 6 of the ADG Code may be approved by the Competent Authority.
Examples
Portable tanks, MEGCs, tank vehicles, pressure receptacles, aerosol dispensers, IBCs, bulk containers and drums, barrels, jerry cans, boxes, bags and composite packaging are some of the kinds of packaging required to undergo tests under Part 6 of the ADG Code. Performance tests include drop, leakproofness, hydraulic and stacking tests.
(2) An application for approval of a design for a packaging for use in the transport of dangerous goods must:
(a) include the information required under Part 6 of the ADG Code; and
(b) if a fee is prescribed for the application--be accompanied by the prescribed fee. (4.24, amd)
4.2.4 Approvals--packaging designs
(1) The Competent Authority may, on application in accordance with {clauses} 4.2.3 and 17.1.1, approve a design for a packaging for use in the transport of dangerous goods if:
(a) the design complies with Part 6 of the ADG Code; and
(b) the applicant has carried out the tests and inspections required under Part 6 of the ADG Code for the design.
(2) The approval of the design may be subject to any condition about the construction, packing, filling, use or maintenance of a packaging manufactured in accordance with the design necessary for the safe use of the packaging. (3.8, 4.25 and 4.26, amd)
4.2.5 Recognised testing facilities
The following testing facilities are recognised testing facilities for a packaging design type:
(a) a testing facility registered by NATA to conduct performance tests under Chapter 3 of the ADG Code for the packaging design type;
(b) if NATA has not registered a testing facility to conduct performance tests of that kind--a testing facility in Australia capable of conducting the tests;
(c) a facility in a foreign country approved by a public authority of the country to conduct performance tests of that kind.
(1) A recognised testing facility may certify in writing that a packaging design type has passed particular performance tests for particular dangerous goods.
(2) If a performance test is conducted by a testing facility registered by NATA, any test certificate must:
(a) contain any details required under the relevant Chapter of Part 6 of the ADG Code; and
(b) be in the appropriate form used by NATA registered testing facilities.
(3) If a performance test is conducted in Australia by a recognised testing facility that is not registered by NATA:
(a) the test must be observed by or for the Competent Authority; and
(b) any test certificate must contain any details required under the relevant Chapter of Part 6 of the ADG Code.
(1) The Competent Authority may, on application in accordance with {clause} 17.1.1, approve a method of preparing an overpack for transport that does not comply with section 5.1.2 of the ADG Code if the Authority considers that the risk involved in using the method is not greater than the risk involved in using a method complying with the section.
(2) The approval of a method of preparing an overpack for transport may be subject to any condition necessary for the safe transport of the dangerous goods using the method. (6.5, amd)
4.2.8 Approvals--authorised body may issue approvals
(1) The Competent Authority may, in accordance with the ADG Code and on application made in accordance with {clause} 17.1.1, approve an authorised body to issue approvals under this Division.
(2) The approval of an authorised body may be issued subject to conditions. (New)
Division 4.3 -- Offences relating to packaging
(1) A person must not manufacture in Australia packaging that is designed for use in the transport of dangerous goods other than in accordance with a design that is approved under {clause} 4.2.4.
Offence provision. (new, based on 4.7, also includes 4.16 as amd)
{(2) An offence against {subclause} (1) is an offence of strict liability.}
A person must not consign dangerous goods for transport in packaging if the person knows, or reasonably ought to know, that the packaging is unsuitable for the transport of the goods.
Offence provision. (3.3, amd)
A person must not pack dangerous goods for transport in packaging if the person knows, or reasonably ought to know, that the packaging is unsuitable for the transport of the goods.
Offence provision. (3.4, amd)
A person must not load dangerous goods for transport in packaging if the person knows, or reasonably ought to know, that the packaging is damaged or defective to the extent that it is not safe to use to transport the goods.
Offence provision. (3.5, amd)
4.3.5 Prime contractor's and rail operator's duties
A prime contractor or a rail operator must not transport dangerous goods in packaging if the prime contractor or rail operator knows, or reasonably ought to know, that the packaging is damaged or defective to the extent that it is not safe to use to transport the goods.
Offence provision. (3.6, amd)
A person must not drive a road vehicle transporting dangerous goods in packaging if the person knows, or reasonably ought to know, that the packaging is damaged or defective to the extent that it is not safe to use to transport the goods by road.
Offence provision. (3.7 - road only, amd)
Division 4.4 -- Offences relating to containment units and bulk containers
Subdivision 4.4.1 -- Manufacturers and owners
4.4.1 Compliance plates for portable tanks, MEGCs and tank vehicles
(1) A person who manufactures a portable tank or MEGC must attach a compliance plate to the tank or MEGC in accordance with Chapter 6.7 of the ADG Code.
Offence provision. (new)
(2) A person who manufactures a tank vehicle must attach a compliance plate to the tank vehicle in accordance with section 6.9.2.2 of the ADG Code.
Offence provision. (new)
{(3) An offence against {subclause} (1) or (2) is an offence of strict liability.}
4.4.2 Owner's duties for certain portable tanks and MEGCs
(1) The owner of a portable tank or MEGC that is attached to a vehicle must not use the portable tank or MEGC, or permit the portable tank or MEGC to be used, to transport dangerous goods if the portable tank or MEGC:
(a) is unsuitable for the transport of the goods; or
(b) has not been maintained, tested and inspected in accordance with Chapter 6.7 of the ADG Code.
Offence provision.
{(2) An offence against {subclause} (1) is an offence of strict liability.} (4.9, amd)
Subdivision 4.4.2 -- Consignors
4.4.3 Consignor's duties--general
(1) A person must not consign dangerous goods for transport in a containment unit provided by the person if the containment unit is unsuitable for the transport of the goods.
Offence provision.
(2) A person must not consign dangerous goods for transport in a bulk container provided by the person if:
(a) the material of which the bulk container is constructed is incompatible with the dangerous goods; or
(b) the bulk container is damaged or defective to the extent that it is not safe to use to transport the goods; or
(c) the bulk container is otherwise unsuitable for the transport of the goods.
Offence provision.
(3) A person must not consign dangerous goods for transport in a containment unit provided by someone else if the person knows, or reasonably ought to know, that the containment unit is unsuitable for the transport of the goods.
Offence provision.
(4) A person must not consign dangerous goods for transport in a bulk container provided by someone else if the person knows, or reasonably ought to know, that:
(a) the material of which the bulk container is constructed is incompatible with the dangerous goods; or
(b) the bulk container is damaged or defective to the extent that it is not safe to use to transport the goods; or
(c) the bulk container is otherwise unsuitable for the transport of the goods.
Offence provision.
{(5) An offence against {subclause} (1) or (2) is an offence of strict liability.}
4.4.4 Consignor's duties--IBCs
(1) A person must not consign dangerous goods that are listed in the Dangerous Goods List for transport in an IBC unless the transport of the goods in an IBC is authorised under column 8 of the Dangerous Goods List.
Offence provision. (new)
(2) A person must not consign dangerous goods that are authorised under column 8 of the Dangerous Goods List to be transported in an IBC unless the goods are packed in the IBC in accordance with the packing instructions referred to in that column.
Offence provision. (new)
{(3) An offence against {subclause} (1) or (2) is an offence of strict liability.}
4.4.5 Consignor's duties--portable tanks
(1) A person must not consign dangerous goods that are listed in the Dangerous Goods List for transport in a portable tank unless the transport of the goods in a portable tank is authorised under column 10 of the Dangerous Goods List.
Offence provision. (new)
(2) A person must not consign dangerous goods that are authorised under column 10 of the Dangerous Goods List to be transported in a portable tank unless the goods are transported in the portable tank in accordance with the portable tank instructions referred to in that column.
Offence provision. (new)
(3) A person must not consign dangerous goods that are listed in the Dangerous Goods List for transport in a portable tank unless the tank has been maintained, tested and inspected in accordance with Chapter 6.7 of the ADG Code.
Offence provision. (new)
{(4) An offence against {subclause} (1), (2) or (3) is an offence of strict liability.}
4.4.6 Consignor's duties--bulk containers
(1) A person must not consign dangerous goods for transport in a bulk container unless the transport of the goods in the bulk container is authorised under Chapter 4.3 of the ADG Code.
Offence provision.
(2) A person must not consign dangerous goods for transport in a bulk container unless the goods are transported in the bulk container in accordance with Chapter 4.3 of the ADG Code.
Offence provision.
{(3) An offence against {subclause} (1) or (2) is an offence of strict liability.}
4.4.7 Consignor's duties--tank vehicles
(1) A person must not consign dangerous goods for transport in a tank vehicle unless the transport of the goods in the tank vehicle is permitted by Section 4.4.2.2 of the ADG Code.
Offence provision.
(2) A person must not consign dangerous goods for transport in a tank vehicle unless the goods are transported in the tank vehicle in accordance Section 4.4.2 of the ADG Code.
Offence provision.
{(3) An offence against {subclause} (1) or (2) is an offence of strict liability.}
4.4.8 Consignor's duties--MEGCs
(1) A person must not consign dangerous goods that are listed in the Dangerous Goods List for transport in an MEGC unless the transport of the goods in an MEGC is authorised by a packing instruction for an entry under column 8 of the Dangerous Goods List.
Offence provision. (new)
(2) A person must not consign dangerous goods that are authorised under column 8 of the Dangerous Goods List to be transported in an MEGC unless the goods are transported in the MEGC in accordance with the packing instructions referred to in that column.
Offence provision. (new)
{(3) An offence against {subclause} (1) or (2) is an offence of strict liability.}
4.4.9 Loader's duties--general
A person must not load dangerous goods for transport in a containment unit (other than a freight container) if the person knows, or reasonably ought to know, that the containment unit is unsuitable for the transport of the goods.
Offence provision. (4.19, 4.11, amd)
4.4.10 Loader's duties--freight container
(1) A person must not load dangerous goods into a freight container for transport if the freight container is unsuitable for the transport of the goods.
Offence provision.
(2) A person must not load a freight container that contains dangerous goods onto a vehicle if the person knows, or reasonably ought to know, that the freight container is unsuitable for the transport of the goods.
Offence provision.
{(3) An offence against {subclause} (1) is an offence of strict liability.}
Subdivision 4.4.4 -- Prime contractors and rail operators
4.4.11 Prime contractor's and rail operator's duties--general
(1) A prime contractor or rail operator must not transport dangerous goods in a containment unit (other than a tank vehicle) provided by the prime contractor or rail operator if the containment unit is unsuitable for the transport of the goods.
Offence provision.
(2) A prime contractor or rail operator must not transport dangerous goods in a containment unit (other than a tank vehicle) provided by someone else if the prime contractor or rail operator knows, or reasonably ought to know, that the containment unit is unsuitable for the transport of the goods.
Offence provision.
{(3) An offence against {subclause} (1) is an offence of strict liability.} (4.12, 4.20, amd)
4.4.12 Prime contractor's and rail operator's duties--bulk containers
(1) A prime contractor or rail operator must not transport dangerous goods in a bulk container provided by the prime contractor or rail operator unless:
(a) the transport of the goods in the bulk container is authorised in Chapter 4.3 of the ADG Code; and
(b) the goods are transported in accordance with Chapter 4.3 of the ADG Code.
Offence provision.
(2) A prime contractor or rail operator must not transport dangerous goods in a bulk container provided by someone else if the person knows, or reasonably ought to know, that:
(a) the transport of the goods in the bulk container is not authorised in Chapter 4.3 of the ADG Code; or
(b) the goods are not being transported in the bulk container in accordance with Chapter 4.3 of the ADG Code.
{(3) An offence against {subclause} (1) is an offence of strict liability.} (4.5, 4.12 amd)
4.4.13 Prime contractor's and rail operator's duties--tank vehicles
(1) A prime contractor or rail operator must not transport dangerous goods in a tank vehicle provided by the prime contractor or rail operator unless:
(a) the material of which the tank vehicle is constructed is compatible with the dangerous goods; and
(b) the tank vehicle is not damaged or defective to the extent that it is not safe to use to transport the goods; and
(c) the transport of the goods in the tank vehicle is permitted by Section 4.4.2.2 of the ADG Code; and
(d) the goods are transported in the tank vehicle in accordance with Section 4.4.2 of the ADG Code.
Offence provision.
(2) A prime contractor or rail operator must not transport dangerous goods in a tank vehicle provided by someone else if the person knows, or reasonably ought to know, that:
(a) the material of which the tank vehicle is constructed is incompatible with the dangerous goods; or
(b) the tank vehicle is damaged or defective to the extent that it is not safe to use to transport the goods; or
(c) the tank vehicle has not been maintained, tested and inspected in accordance with Chapter 6.9 of the ADG Code; or
(d) the transport of the goods in the tank vehicle is not permitted by Section 4.4.2.2 of the ADG Code; or
(e) the goods are not being transported in the tank vehicle in accordance with Section 4.4.2 of the ADG Code.
Offence provision.
{(3) An offence against {subclause} (1) is an offence of strict liability.} (4.5, 4.12 amd)
Subdivision 4.4.5 -- Drivers duties
4.4.14 Driver's duties--IBCs, portable tanks and MEGCs
A person must not drive a road vehicle transporting dangerous goods in an IBC, portable tank or MEGC if the person knows, or reasonably ought to know, that the IBC, portable tank or MEGC is unsuitable for the transport of the goods.
Offence provision. (4.13, 4.21 - road only, amd)
4.4.15 Driver's duties--bulk containers
A person must not drive a road vehicle transporting dangerous goods in a bulk container if the person knows, or reasonably ought to know, that:
(a) the transport of the goods in the bulk container is not authorised in Chapter 4.3 of the ADG Code; or
(b) the goods are not being transported in the bulk container in accordance with Chapter 4.3 of the ADG Code.
Offence provision. (4.6 (1) )
4.4.16 Driver's duties--road tank vehicles
A person must not drive a road tank vehicle transporting dangerous goods if the person knows, or reasonably ought to know, that:
(a) the material of which the road tank vehicle is constructed is compatible with the dangerous goods; or
(b) the road tank vehicle is not damaged or defective to the extent that it is not safe to use to transport the goods; or
(c) the transport of the goods in the road tank vehicle is not permitted by Section 4.4.2.2 of the ADG Code; or
(d) the goods are not being transported in the road tank vehicle in accordance with Section 4.4.2 of the ADG Code.
Offence provision. (4.11, amd)
Division 4.5 -- Offences relating to certain foreign approved containment units
Subdivision 4.5.1 -- Foreign approved IBCs
(1) A person must not consign dangerous goods for transport in a foreign approved IBC provided by the person if the transport of the goods in the IBC is prohibited by a determination under {clause} 1.6.2.
Offence provision.
(2) A person must not consign dangerous goods for transport in a foreign approved IBC provided by someone else if the transport of the goods in the IBC is prohibited by a determination under {clause} 1.6.2.
Offence provision.
{(3) For this {clause):
(a) an offence against {subclause} (1) is an offence of strict liability; and
(b) strict liability applies to the physical element in {subclause} (2) that the transport of the goods in the IBC is prohibited by a determination under {clause} 1.6.2. (4.22, amd)
Subdivision 4.5.2 -- Foreign approved portable tanks and MEGCs
(1) A person must not consign dangerous goods for transport in a foreign approved portable tank, a foreign approved bulk container or a foreign approved MEGC provided by the person if the transport of the goods in the portable tank, container or MEGC is prohibited by a determination under {subclause} 1.6.2.
Offence provision.
(2) A person must not consign dangerous goods for transport in a foreign approved portable tank, a foreign approved bulk container or a foreign approved MEGC provided by someone else if the transport of the goods in the portable tank, container or MEGC is prohibited by a determination under {subclause} 1.6.2.
Offence provision.
{(3) For this {clause}:
(a) an offence against {subclause} (1) is an offence of strict liability; and
(b) strict liability applies to the physical element in {subclause} (2) that the transport of the goods in the portable tank or MEGC is prohibited by a determination under {subclause} 1.6.2. (4.14, amd)
Division 4.6 -- Offences relating to overpacks
(1) A person must not consign dangerous goods for transport in an overpack if:
(a) the packages cannot be transported safely in the overpack; or
(b) the overpack does not comply with section 5.1.2 of the ADG Code; or
(c) the overpack does not comply with an approval under {clause} 4.2.7.
Offence provision.
{(2) An offence against {subclause} (1) is an offence of strict liability.} (6.1, amd)
A person must not pack dangerous goods for transport in an overpack if the person knows, or reasonably ought to know, that:
(a) the packages cannot be transported safely in the overpack; or
(b) the overpack does not comply with section 5.1.2 of the ADG Code; or
(c) the overpack does not comply with an approval under {clause} 4.2.7.
Offence provision.
A person must not load dangerous goods for transport in an overpack if the person knows, or reasonably ought to know, that:
(a) the packages cannot be transported safely in the overpack; or
(b) the overpack does not comply with section 5.1.2 of the ADG Code; or
(c) the overpack does not comply with an approval under {clause} 4.2.7.
Offence provision.
4.6.4 Prime contractor's and rail operator's duties
A prime contractor or rail operator must not transport dangerous goods in an overpack if the prime contractor knows, or reasonably ought to know, that:
(a) the packages cannot be transported safely in the overpack; or
(b) the overpack does not comply with section 5.1.2 of the ADG Code; or
(c) the overpack does not comply with an approval under {clause} 4.2.7.
Offence provision.
A person must not drive a road vehicle transporting dangerous goods in an overpack if the person knows, or reasonably ought to know, that the packages cannot be transported safely in the overpack.
Offence provision.
A rail operator must not transport dangerous goods in an overpack if the rail operator knows, or reasonably ought to know, that:
(a) the packages cannot be transported safely in the overpack; or
(b) the overpack does not comply with section 5.1.2 of the ADG Code.
Offence provision.
Part 5 -- Consignment procedures
Division 5.2 -- Marking and labelling
5.2.1 Transport of limited quantities and retail distribution loads
Despite anything in this Division, the marking and labelling of dangerous goods that:
(a) are packed in limited quantities in accordance with Chapter 3.4 of the ADG Code; or
(b) transported as a retail distribution load in accordance with Chapter or 7.3 of the ADG Code;
may be made in accordance with that Chapter.
5.2.2 Meaning of appropriately marked
(1) A package or overpack of dangerous goods is appropriately marked if the package or overpack is marked and labelled in accordance with Chapter 5.2 of the ADG Code. (7.2, amd)
(2) An IBC, MEGC, pressure drum, tube or demountable tank with a capacity of more than 500 kilograms or litres is appropriately marked if it is placarded in accordance with Section 5.3.3 of the ADG Code.
(1) A person must not consign dangerous goods for transport if the package or overpack is not appropriately marked.
Offence provision.
(2) A person must not consign dangerous goods for transport if a marking or label on the package or overpack about its contents is false or misleading in a material particular.
Offence provision.
(3) A person must not consign goods for transport in a package or overpack that does not contain dangerous goods but is marked or labelled as if it contained dangerous goods.
Offence provision. (7.3, amd)
{(4) An offence against {subclause} (1), (2) or (3) is an offence of strict liability.}
(1) A person must not pack dangerous goods for transport if the person knows, or reasonably ought to know, that the package or overpack will not be appropriately marked when the goods are transported.
Offence provision.
(2) A person who packs dangerous goods for transport must not mark or label a package or overpack with a marking or label about its contents that the person knows, or reasonably ought to know, is false or misleading in a material particular.
Offence provision.
(3) A person who packs goods for transport must not mark or label a package or overpack that the person knows, or reasonably ought to know, does not contain dangerous goods as if it contained dangerous goods.
Offence provision. (7.4, amd)
5.2.5 Prime contractor's and rail operator's duties
(1) A prime contractor or rail operator must not transport goods if the prime contractor or rail operator knows, or reasonably ought to know, that:
(a) the goods are dangerous goods; and
(b) the package or overpack is not appropriately marked.
Offence provision.
(2) A prime contractor or rail operator must not transport dangerous goods if the prime contractor or rail operator knows, or reasonably ought to know, that a marking or label on the package or overpack about its contents is false or misleading in a material particular.
Offence provision.
(3) A prime contractor or rail operator must not transport goods if the prime contractor or rail operator knows, or reasonably ought to know, that the package or overpack does not contain dangerous goods but is marked or labelled as if it contained dangerous goods.
Offence provision. (7.5, amd)
5.3.1 When load must be placarded
(1) A load of dangerous goods must be placarded if:
(a) the load contains dangerous goods in a receptacle with:
(i) a capacity of more than 500 litres; or
(ii) a net mass of more than 500 kilograms; or
(b) the aggregate quantity of the load of dangerous goods is 250 or more and the load contains:
(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) the load contains dangerous goods of Category A of UN Division 6.2; or
(d) the load contains dangerous goods of UN Division 6.2 (other than Category A) that have an aggregate quantity of 10 or more; or
(e) the load contains dangerous goods that have an aggregate quantity of 1 000 or more.
(2) However, a retail distribution load that complies with Chapter 7.3 of the ADG Code is not a load that must be placarded.
5.3.2 Meaning of appropriately placarded
(1) A person placards a load of dangerous goods if the person affixes, stencils, prints or places a label on a transport unit in or on which the goods are being, or are to be, transported.
(2) In this Division, a placard load is appropriately placarded if the transport unit in or on which the dangerous goods are being, or are to be, transported is placarded in accordance with Chapter 5.3 of the ADG Code. (7.6, amd)
(1) A person must not consign a placard load for transport if the load is not appropriately placarded.
Offence provision.
(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.
Offence provision.
(3) A person must not consign goods for transport in a load that does not contain dangerous goods but is placarded as if it were a placard load.
Offence provision. (7.7, amd/2)
(1) A person who loads dangerous goods for transport must ensure that the load is appropriately placarded, if the person knows, or reasonably ought to know, that the goods are a placard load.
Offence provision.
(2) A person who loads a placard load for transport must not placard the load with placarding that the person knows, or reasonably ought to know, is false or misleading in a material particular.
Offence provision. (7.8)
(3) A person who loads goods for transport must not placard the load if the person knows, or reasonably ought to know, that the load does not contain dangerous goods.
Offence provision.
5.3.5 Prime contractor's and rail operator's duties
(1) A prime contractor or rail operator must not transport dangerous goods if the prime contractor or rail operator knows, or reasonably ought to know, that:
(a) the goods are a placard load; and
(b) the load is not appropriately placarded.
Offence provision.
(2) A prime contractor or rail operator must not transport a placard load if the prime contractor or rail operator knows, or reasonably ought to know, that the placarding of the load is false or misleading in a material particular.
Offence provision.
(3) A prime contractor or rail operator must not use or permit to be used a transport unit that is placarded as if it is transporting a placard load if the person knows or reasonably ought to know that the unit load does not contain dangerous goods but is placarded as if it were a placard load.
Offence provision. (7.9)
(1) A person must not drive a road vehicle transporting dangerous goods if the person knows, or reasonably ought to know, that:
(a) the goods are a placard load; and
(b) the load is not appropriately placarded.
Offence provision.
(2) A person must not drive a road vehicle transporting a placard load if the person knows, or reasonably ought to know, that the placarding of the load is false or misleading in a material particular.
Offence provision.
(3) A person must not drive a road vehicle that is or incorporates a transport unit that is placarded as if it is transporting a placard load if the person knows or reasonably ought to know that the load does not contain dangerous goods but is placarded as if it were a placard load.
Offence provision. (7.10 - road only)
Part 6 -- Safety standards--vehicles and equipment
(1) 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 Chapters 4.4 and 6.9 of the ADG Code. (8.1, amd/2)
Offence provision.
{(2) An offence against {subclause} (1) is an offence of strict liability.}
A person must not consign dangerous goods for transport in or on a vehicle if the person knows, or reasonably ought to know, that the vehicle or its equipment does not comply with Chapters 4.4 and 6.9 of the ADG Code. (8.2, amd/2)
Offence provision.
A person must not load dangerous goods for transport in or on a vehicle if the person knows, or reasonably ought to know, that the vehicle or its equipment does not comply with Chapters 4.4 and 6.9 of the ADG Code. (8.4 - rail only, amd/2)
Offence provision.
6.1.4 Prime contractor's and rail operator's duties
(1) A prime contractor or rail operator must not use a vehicle to transport dangerous goods if the vehicle or its equipment does not comply with Chapters 4.4 and 6.9 of the ADG Code. (8.3, amd/2)
Offence provision.
{(2) An offence against {subclause} (1) is an offence of strict liability.}
A person must not drive a road vehicle transporting dangerous goods if the person knows, or reasonably ought to know, that the road vehicle or its equipment does not comply with Chapters 4.4 and 6.9 of the ADG Code. (8.4 - road, amd/2)
Offence provision.
Part 7 -- Transport operations relating to certain dangerous goods
Division 7.1 -- Self - reactive substances, organic peroxides and certain other substances
This Division applies to the transport by road or rail of the following types of dangerous goods:
(a) gases of Class 2;
(b) self - reactive substances of UN Division 4.1;
(c) organic peroxides of UN Division 5.2;
(d) other substances stabilized by temperature control for which:
(i) the proper shipping name contains the word 'STABILIZED'; and
(ii) the self - accelerating decomposition temperature when presented for transport in a package, IBC or tank is 50°C or lower;
(e) toxic substances of UN Division or Subsidiary Risk 6.1;
(f) infectious substances of UN Division 6.2;
(g) dangerous when wet substances of UN Division 4.3.
A person must not consign dangerous goods to which this Division applies for transport by road or rail in a transport unit if the person knows or reasonably ought to know that the goods are not loaded, stowed, transported or unloaded in accordance with Chapter 7.1 of the ADG Code.
Offence provision.
(1) A person must not load dangerous goods to which this Division applies for transport by road or rail in a transport unit other than in accordance with Chapter 7.1 of the ADG Code.
Offence provision.
(2) An offence against sub{clause} (1) is an offence of strict liability. (new)
7.1.4 Prime contractor's and rail operator's duties
A prime contractor or rail operator must not transport dangerous goods to which this Division applies if the contractor or rail operator knows the dangerous goods will not be transported in accordance with Chapter 7.1 of the ADG Code.
Offence provision.
A person must not drive a road vehicle transporting dangerous goods to which this Division applies if the person knows the dangerous goods will not be transported in accordance with Chapter 7.1 of the ADG Code.
Offence provision.
Division 7.2 -- Goods too dangerous to be transported
Note: Section 70 of the Act provides for the duties of consignors of goods too dangerous to be transported, prescribes the people who are to be regarded as the consignors of such goods and provides for the relevant offence and penalty for consigning them for transport.
This Division applies to goods too dangerous to be transported.
A person must not load goods for transport in or on a transport unit if the person knows, or reasonably ought to know, that the goods are goods that are too dangerous to be transported.
Offence provision.
7.2.3 Prime contractor's and rail operator's duties
A prime contractor or rail operator must not transport goods if the contractor or operator knows, or reasonably ought to know, that the goods are goods that are too dangerous to be transported.
Offence provision.
A person must not drive a vehicle transporting goods if the person knows, or reasonably ought to know, that the goods are goods that are too dangerous to be transported.
Offence provision.
Part 8 -- Stowage and attachment
A person must not consign for transport in or on a vehicle a load of dangerous goods that is a placard load if the person knows, or reasonably ought to know, that the goods are not attached and stowed in accordance with Part 8 of the ADG Code. (9.9, amd/2)
Offence provision.
(1) A person must not load for transport in or on a vehicle a load of dangerous goods that is a placard load if the goods are not attached and stowed in accordance with Part 8 of the ADG Code. (9.10, amd/2)
Offence provision.
{(2) An offence against {subclause} (1) is an offence of strict liability.}
8.1.3 Prime contractor's and rail operator's duties
A prime contractor or rail operator must not transport in or on a vehicle a load of dangerous goods that is a placard load if the prime contractor or rail operator knows, or reasonably ought to know, that the goods are not attached and stowed on the vehicle in accordance with Part 8 of the ADG Code. (9.11, amd/2)
Offence provision.
A person must not drive a road vehicle transporting a load of dangerous goods that is a placard load if the person knows, or reasonably ought to know, that the goods are not attached and stowed on the road vehicle or freight container in accordance with Part 8 of the ADG Code. (9.12 - road only, amd/2)
Offence provision.
This Part applies to:
(a) the transport of a placard load; and
(b) the transport of a load of dangerous goods that is not a placard load if the load contains dangerous goods of UN Division 2.3, UN Class 6 or UN Class 8 that are being, or are to be, transported with food or food packaging. (9.1, amd)
9.1.2 Exception for certain goods for driver's personal use
Despite {clauses} 9.1.3 to 9.1.7, food and food packaging may be transported on a road vehicle with incompatible goods if the food or packaging is in the road vehicle's cabin and is for the driver's personal use. (9.3 - road only)
A person must not consign dangerous goods for transport in or on a vehicle if the person knows, or reasonably ought to know, that:
(a) the vehicle is, in the same journey, transporting incompatible goods; and
(b) the dangerous goods will not be segregated from the incompatible goods in accordance with:
(i) Part 9 of the ADG Code; or
(ii) any determination under paragraph 1.6.1 (2) (b); or
(iii) any approval under {subclause} 9.1.8 (3).
Offence provision.
A person must not load dangerous goods for transport in or on a vehicle or in a freight container if the person knows, or reasonably ought to know, that:
(a) the vehicle or freight container is, in the same journey, transporting incompatible goods; and
(b) the dangerous goods will not be segregated from the incompatible goods in accordance with:
(i) Part 9 of the ADG Code; or
(ii) any determination under paragraph 1.6.1 (2) (b) or
(iii) any approval under {subclause} 9.1.8 (3).
Offence provision.
9.1.5 Prime contractor's duties
A prime contractor must not use a road vehicle to transport dangerous goods if the person knows, or reasonably ought to know, that:
(a) the road vehicle is, in the same journey, transporting incompatible goods; and
(b) the dangerous goods are not segregated from the incompatible goods in accordance with:
(i) Part 9 of the ADG Code; or
(ii) any determination under paragraph 1.6.1 (2) (b); or
(iii) any approval under {subclause} 9.1.8 (3).
Offence provision.
A rail operator must not use a train to transport dangerous goods if the person knows, or reasonably ought to know, that:
(a) the train is, in the same journey, transporting incompatible goods; and
(b) the dangerous goods are not segregated from the incompatible goods in accordance with:
(i) Part 9 of the ADG Code; or
(ii) any determination under paragraph 1.6.1 (2) (b); or
(iii) any approval under {subclause} 9.1.8 (3).
Offence provision.
A person must not drive a road vehicle transporting dangerous goods if the person knows, or reasonably ought to know, that:
(a) the road vehicle is, in the same journey, transporting incompatible goods; and
(b) the dangerous goods are not segregated from the incompatible goods in accordance with:
(i) Part 9 of the ADG Code; or
(ii) any determination under paragraph 1.6.1 (2) (b) or
(iii) any approval under {subclause} 9.1.8 (3).
Offence provision.
9.1.8 Approvals--segregation devices and methods of segregation
(1) An application for approval of a design for a Type II segregation device for use in the transport of dangerous goods must:
(a) include any information required under Chapter 6.11 of the ADG Code; and
(b) if a fee is prescribed for the application--be accompanied by the prescribed fee.
(2) The Competent Authority may, on application in accordance with {subclause} (1) and {clause} 17.1.1, approve a design for a Type II segregation device if the design complies with Chapter 6.11 of the ADG Code.
(3) The Competent Authority may, on application made in accordance with {clause} 17.1.1, approve a method of segregation not complying with Part 9 of the ADG Code for transporting dangerous and incompatible goods by road, if the Authority considers that:
(a) it is impracticable to segregate the goods by a segregation device, or method of segregation, complying with the Chapter; and
(b) the risk involved in using the method to transport the goods by road is not greater than the risk involved in using a device or method complying with the Chapter to transport the goods by road.
(4) The approval of the design or method may be subject to any condition necessary for the safe transport of dangerous goods. (9.8, amd)
Part 10 -- Bulk transfer of dangerous goods
10.1.1 Meaning of bulk transfer
In this Part:
"bulk transfer" means the transfer by gravity, pump or pressure differential of liquid, solid or gaseous dangerous goods, by the use of pipework or hose, into or out of a tank vehicle, or into or out of a portable tank, demountable tank, bulk container, pressure drum, tube, MEGC or IBC that is on a vehicle.
Division 10.2 -- Equipment and transfer
10.2.1 Application of Division
This Division applies to bulk transfer into or out of a tank vehicle or:
(a) a portable tank; or
(b) a MEGC; or
(c) a tube; or
(d) a pressure drum; or
(e) a bulk container; or
(f) a demountable tank; or
(g) an IBC,
that is on a vehicle.
10.2.2 Transferor's duties--hose assemblies
(1) A person who uses a hose assembly for the transfer of dangerous goods must comply with Chapter 10.1 of the ADG Code.
Offence provision.
(2) A person must not use a hose assembly for the transfer of dangerous goods if the person knows, or reasonably ought to know, that the assembly is damaged or defective.
Offence provision.
(3) A person must not use a hose assembly for bulk transfer of dangerous goods if the person knows, or reasonably ought to know, that the hose assembly:
(a) was not constructed, assembled and maintained in accordance with Chapter 10.1 of the ADG Code; or
(b) was not inspected or tested at the intervals, or in the way, required under the Chapter; or
(c) did not satisfy a test under the Chapter.
Offence provision.
{(4) An offence against {subclause} (1) is an offence of strict liability.}
10.2.3 Transferor's duties--general
(1) A person engaged in the bulk transfer of dangerous goods must ensure that the goods are transferred:
(a) in accordance with Chapter 10.2 of the ADG Code; and
(b) in a way that averts, eliminates or minimises risk.
Offence provision.
(2) A person engaged in the bulk transfer of dangerous goods must not transfer dangerous goods if the person knows, or reasonably ought to know, that:
(a) the receiving receptacle or the transfer equipment is incompatible with the dangerous goods; or
(b) the receptacle contains incompatible goods.
Offence provision.
(3) If dangerous goods leak, spill or accidentally escape during bulk transfer, the person transferring the goods:
(a) must immediately stop transferring the goods; and
(b) must take all practicable steps to avert, eliminate or minimise risk; and
(c) must not start transferring the goods again until the conditions causing the leak, spill or escape have been rectified.
Offence provision.
{(4) It is a defence to a prosecution for an offence against {subclause} (1) that the person complied with that {subclause} as far as practicable.} (10.5, amd/1 and 2)
(1) The occupier of premises where bulk transfer of dangerous goods occurs must ensure that any hose assembly on the premises that is used, or intended to be used, for the transfer (other than a hose assembly brought onto the premises on the vehicle involved in the transfer):
(a) is constructed, assembled and maintained in accordance with Chapter 10.1 of the ADG Code; and
(b) is inspected and tested at the intervals, and in the way, required under the Chapter; and
(c) satisfies each test under the Chapter.
Offence provision.
(2) The occupier of premises where bulk transfer of dangerous goods occurs must ensure that the goods are transferred:
(a) in accordance with Chapter 10.2 of the ADG Code; and
(b) in a way that averts, eliminates or minimises risk.
Offence provision.
(3) The occupier 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, carried out on the hose assembly.
Offence provision.
{(4) An offence against {subclause} (3) is an offence of strict liability.}
{(5) It is a defence to a prosecution for an offence against {subclause} (2) that the person complied with that {subclause} as far as practicable.} (10.7, amd/1 and 2)
10.2.5 Prime contractor's duties
(1) A prime contractor must not engage in the bulk transfer of dangerous goods if a hose assembly that is used, or intended to be used, for the transfer of the dangerous goods (other than a hose assembly for which the prime contractor is not responsible):
(a) was not constructed, assembled and maintained in accordance with Chapter 10.1 of the ADG Code; or
(b) was not inspected or tested at the intervals, or in the way, required under the Chapter; or
(c) did not satisfy a test under the Chapter.
Offence provision.
(2) A prime contractor engaged in the bulk transfer of dangerous goods must ensure that dangerous goods are transferred:
(a) in accordance with Chapter 10.2 of the ADG Code; and
(b) in a way that averts, eliminates or minimises risk.
Offence provision.
(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, carried out on the hose assembly.
Offence provision.
{(4) An offence against {subclause} (1) or (3) is an offence of strict liability.}
{(5) It is a defence to a prosecution for an offence against {subclause} (2) that the person complied with that {subclause} as far as practicable.} (10.8, amd/1 and 2)
(1) A rail operator must not engage in the bulk transfer of dangerous goods if a hose assembly that is used, or intended to be used, for the transfer of the dangerous goods (other than a hose assembly for which the rail operator is not responsible):
(a) was not constructed, assembled and maintained in accordance with Chapter 10.1 of the ADG Code; or
(b) was not inspected or tested at the intervals, or in the way, required under the Chapter; or
(c) did not satisfy a test under the Chapter.
Offence provision.
{(2) An offence against {subclause} (1) is an offence of strict liability.} (10.8 - rail, amd)
Division 10.3 -- Filling ratio and ullage
10.3.1 Application of Division
This Division applies to bulk transfer into a tank vehicle.
(1) A person engaged in the bulk transfer of dangerous goods must ensure that:
(a) for dangerous goods of UN Class 2 that are not in the form of refrigerated liquid--the quantity of the goods in the tank to which the goods are transferred does not exceed the maximum permitted filling ratio set out in section 10.3.2 of the ADG Code; and
(b) in any other case--the ullage in the tank complies with section 10.3.1 of the ADG Code.
Offence provision.
{(2) It is a defence to a prosecution for an offence against {subclause} (1) that the person complied with the {subclause} as far as practicable.} (10.1, amd/2)
10.3.3 Prime contractor's and rail operator's duties
(1) A prime contractor or rail operator must not engage in the bulk transfer of dangerous goods if:
(a) for dangerous goods of UN Class 2 that are not in the form of refrigerated liquid--the quantity of goods in the tank exceeds the maximum permitted filling ratio set out in section 10.3.2 of the ADG Code; or
(b) in any other case--the ullage in the tank does not comply with section 10.3.1 of the ADG Code.
Offence provision.
{(2) An offence against {subclause} (1) is an offence of strict liability.} (10.2. amd/2)
A person must not drive a road tank vehicle that is transporting dangerous goods if the person knows, or reasonably ought to know, that:
(a) for dangerous goods of UN Class 2 that are not in the form of refrigerated liquid--the quantity of goods in the tank exceeds the maximum permitted filling ratio set out in section 10.3.2 of the ADG Code; or
(b) in any other case--the ullage in the tank does not comply with section 10.3.1 of the ADG Code. (10.3, amd/2)
Offence provision.
Division 11.1 -- Transport documentation
11.1.1 False or misleading information
A person must not include information in transport documentation for dangerous goods that the person knows or reasonably ought to know is false or misleading in a material particular. (11.1)
Offence provision.
Example of false information in transport documentation
A person named as consignor of the dangerous goods if the person is not the consignor of the goods.
11.1.2 Consignor's duties--transport by road
(1) A person must not consign dangerous goods for transport in or on a road vehicle if the prime contractor or driver of the road vehicle does not have transport documentation that complies with Chapter 11.1 of the ADG Code for the goods.
Offence provision.
(2) A person must not consign dangerous goods for transport by road if:
(a) the person knows, or reasonably ought to know, that the goods will be divided into, and transported in, separate loads; and
(b) the prime contractor, or the driver of each road vehicle transporting the load, has not been given separate transport documentation that complies with Chapter 11.1 of the ADG Code for each load.
Offence provision.
{(3) For this {clause}:
(a) an offence against {subclause} (1) is an offence of strict liability; and
(b) strict liability applies to paragraph (2) (b).} (11.2 - road, amd/2)
11.1.3 Consignor's duties--transport by rail
(1) A person must not consign dangerous goods for transport in or on a unit of rolling stock if the rail operator does not have transport documentation that complies with Chapter 11.1 of the ADG Code for the goods.
Offence provision.
(2) A person is taken to have satisfied {subclause} (1) if the person has communicated the contents of the transport documentation to the rail operator by means of electronic data processing or electronic data interchange. (11.2 - rail)
{(3) An offence against {subclause} (1) is an offence of strict liability.}
11.1.4 Prime contractor's duties
(1) A prime contractor must ensure that a person does not drive a road vehicle used by the prime contractor to transport dangerous goods if the person has not been given transport documentation that complies with Chapter 11.1 of the ADG Code for the goods. (11.3 - road, amd/2)
Offence provision.
{(2) An offence against {subclause} (1) is an offence of strict liability.}
(1) A rail operator must not transport dangerous goods by rail unless the driver of the train transporting the goods has been given transport documentation that complies with Chapter 11.1 of the ADG Code for the goods.
Offence provision.
{(2) An offence against {subclause} (1) is an offence of strict liability.}
(1) The driver of a road vehicle transporting dangerous goods must carry transport documentation for the goods.
Offence provision.
(2) The driver of a road vehicle transporting dangerous goods must produce the transport documentation for the goods for inspection by an authorised officer, or an officer of an emergency service, if the officer asks the driver to produce the documentation for inspection.
Offence provision.
{(3) An offence against {subclause} (1) or (2) is an offence of strict liability.} (11.4 - road, amd/2)
(1) This {clause} does not apply if the train driver transporting dangerous goods is engaged in shunting operations and the transport documentation for the goods is readily available elsewhere in the immediate vicinity of those operations.
(2) A person must not drive a train, from a depot or yard, that the person knows, or reasonably ought to know, is transporting dangerous goods, if the person does not have transport documentation that complies with Chapter 11.1 of the ADG Code for the goods.
Offence provision.
(3) A train driver transporting dangerous goods must produce the transport documentation for the goods for inspection by an authorised officer or an officer of an emergency service, if the officer asks the driver to produce the documentation for inspection. (11.4 - rail, amd)
Offence provision.
{(4) An offence against {subclause} (3) is an offence of strict liability.}
Division 11.2 -- Emergency information
11.2.1 Meaning of required emergency information
In this Division:
"required emergency information" means:
(a) emergency information that complies with Chapter 11.2 of the ADG Code; or
(b) emergency information that is approved under {clause} 11.2.7. (11.5)
A person must not consign a placard load for transport in or on a vehicle if the person knows, or reasonably ought to know, that the required emergency information is not on the vehicle. (11.6 - road)
Offence provision.
11.2.3 Prime contractor's duties
(1) A prime contractor must not use a road vehicle to transport a placard load if:
(a) the road vehicle is not equipped with an emergency information holder that complies with Chapter 11.2 of the ADG Code; or
(b) the required emergency information is not in the holder. (11.7 - road, amd/2)
Offence provision.
{(2) An offence against {subclause} (1) is an offence of strict liability.}
(1) A rail operator must not transport a placard load in a transport unit on a train if the emergency information for the goods is not in the train driver's cab.
Offence provision.
(2) {Subclause} (1) does not apply when a train transporting a placard load is involved in shunting operations and the emergency information for the goods is readily available elsewhere in the immediate vicinity of those operations. (11.7 - rail)
{(3) An offence against {subclause} (1) is an offence of strict liability.} (11.11 - rail, amd)
(1) A person must not drive a road vehicle transporting a placard load if:
(a) the road vehicle is not equipped with an emergency information holder that complies with Chapter 11.2 of the ADG Code; and
(b) the required emergency information provided by the consignor of the goods, or by the prime contractor for the transport of the goods, is not in the holder. (11.8 - road, amd/2)
Offence provision.
(2) The driver of a road vehicle transporting a placard load must ensure that the road vehicle's emergency information holder contains only:
(a) the required emergency information; and
(b) the transport documentation for the goods.
Offence provision.
(3) The driver of a road vehicle transporting a placard load must produce the required emergency information for inspection by an authorised officer, or an officer of an emergency service, if the officer asks the driver to produce the information for inspection.
Offence provision.
{(4) An offence against {subclause (1), (2) or (3) is an offence of strict liability.}
(1) A person must not drive a train that is transporting a placard load from a depot or yard if the emergency information for the goods is not in the train driver's cab.
Offence provision.
(2) A train driver transporting a placard load must produce the required emergency information for inspection by an authorised officer or an officer of an emergency service, if the officer asks the driver to produce the information for inspection.
Offence provision.
(3) {Subclauses} (1) and (2) do not apply if the train driver transporting dangerous goods is engaged in shunting operations and the emergency information for the goods is readily available elsewhere in the immediate vicinity of those operations. (11.8 - rail, amd)
{(4) An offence against {subclause} (1) or (2) is an offence of strict liability.}
11.2.7 Approvals--emergency information
The Competent Authority may, on application in accordance with {clause} 17.1.1 or on the Authority's own initiative, approve emergency information that does not comply with Chapter 11.2 of the ADG Code if the Authority considers that use of the information would be as accurate, and at least as convenient and efficient, as information that complies with the Chapter. (11.9)
(1) The owner of a road vehicle must not use the road vehicle, or allow the road vehicle to be used, to transport a placard load if the road vehicle is not equipped with:
(a) fire extinguishers and portable warning devices that comply with Part 12 of the ADG Code; and
(b) any other equipment required under the Part.
Offence provision.
{(2) An offence against {subclause} (1) is an offence of strict liability.} (12.1, amd/2)
12.1.2 Prime contractor's duties
(1) A prime contractor must not use a road vehicle to transport a placard load if the road vehicle is not equipped with:
(a) fire extinguishers and portable warning devices that comply with Part 12 of the ADG Code; and
(b) any other equipment required under the Part.
Offence provision.
(2) A prime contractor must not use a road vehicle to transport a placard load if the prime contractor knows, or reasonably ought to know, that the equipment for the road vehicle mentioned in {subclause} (1):
(a) has not been inspected or tested in accordance with the Part; or
(b) is not in good repair or is not in proper working order.
Offence provision.
{(3) An offence against {subclause} (1) or (2) is an offence of strict liability.} (12.2, amd/2)
(1) A person must not drive a road vehicle transporting a placard load if the road vehicle is not equipped with:
(a) fire extinguishers and portable warning devices that comply with Part 12 of the ADG Code; and
(b) any other equipment required under the Part.
Offence provision.
(2) A person must not drive a road vehicle transporting a placard load if the person knows, or reasonably ought to know, that the equipment for the road vehicle mentioned in {subclause} (1):
(a) is not stowed in accordance with Part 12 of the ADG Code; or
(b) has not been inspected or tested in accordance with the Part; or
(c) is not in good repair or is not in proper working order.
Offence provision.
{(3) An offence against {subclause} (1) is an offence of strict liability.} (12.3, amd/2)
Part 13 -- Procedures during transport
Division 13.1 -- Immobilised and stopped vehicles
(1) This {clause} applies if a road vehicle transporting a placard load:
(a) is broken down or otherwise immobilised, or has stopped, on a road; and
(b) is a traffic hazard.
(2) The driver must alert other road users of the hazard in accordance with Part 13 of the ADG Code.
Offence provision.
{(3) An offence against {subclause} (2) is an offence of strict liability.} (13.1 - road, amd/2)
13.1.2 Prime contractor's duties
(1) If a prime contractor knows or ought reasonably to know that a road vehicle transporting a placard load has broken down or is otherwise immobilised on a road, the prime contractor must, as soon as practicable, ensure that the road vehicle is:
(a) repaired so that it can be driven safely off the road; or
(b) towed to a place where it can be repaired.
Offence provision.
(2) The prime contractor must:
(a) remove the dangerous goods from the road vehicle before the road vehicle is repaired or towed; and
(b) transport the dangerous goods from the place of the breakdown;
if the risk involved in complying with paragraphs (a) and (b) is not greater than the risk involved in not complying with the paragraphs.
Offence provision.
If a train transporting a placard load fails or is otherwise immobilised, the rail operator must, as soon as practicable, take all appropriate steps to ensure that a dangerous situation does not arise. (13.2 - rail, amd)
Offence provision.
Division 13.2 -- Road vehicles--driver's duties
(1) The driver of a road vehicle transporting a placard load must not allow anyone else to ride in the vehicle except in accordance with Part 13 of the ADG Code.
Offence provision.
{(2) An offence against {subclause} (1) is an offence of strict liability.} (13.4, amd/2)
(1) The driver of a road vehicle transporting a placard load must not park the road vehicle, or leave the road vehicle standing, in a public or private place except in accordance with Part 13 of the ADG Code.
Offence provision.
{(2) An offence against {subclause} (1) is an offence of strict liability.} (13.5, amd/2)
13.2.3 Control of ignition sources
(1) This {clause} applies to a road vehicle transporting a load of dangerous goods that contains dangerous goods that:
(a) are in a receptacle with a capacity of more than 500 litres or kilograms; and
(b) are UN Division 2.1, UN Class 3, 4 or 5 dangerous goods or dangerous goods that have a subsidiary risk of 2.1, 3, 4 or 5.1.
(2) The driver of the road vehicle must not:
(a) have matches or a cigarette lighter in his or her possession in the road vehicle; or
(b) smoke in the road vehicle.
Offence provision.
(3) The driver must do everything practicable to ensure that anyone else in the road vehicle does not:
(a) have matches or a cigarette lighter in his or her possession; or
(b) smoke.
Offence provision.
{(4) An offence against {subclause} (2) is an offence of strict liability.} (13.6 - road, amd/2)
(1) The driver of a road vehicle transporting dangerous goods must not permit the dangerous goods to be unloaded from the vehicle except in accordance with Part 13 of the ADG Code.
Offence provision.
{(2) An offence against {subclause} (1) is an offence of strict liability.} (13.4, amd/2)
(1) The driver of a road vehicle that has attached to it a trailer transporting dangerous goods must not detach the trailer or permit it to be detached from the vehicle except in accordance with Part 13 of the ADG Code.
Offence provision.
{(2) An offence against {subclause} (1) is an offence of strict liability.} (13.4, amd/2)
13.2.6 Road tank vehicle equipped with burner
(1) The driver of a road tank vehicle equipped with a burner must not operate the burner or permit it to be operated except in accordance with Part 13 of the ADG Code.
Offence provision.
{(2) An offence against {subclause} (1) is an offence of strict liability.} (13.4, amd/2)
Division 13.3 -- Routes, areas, vehicles and times
13.3.1 Prime contractor's and rail operator's duties
(1) A prime contractor or rail operator must not transport goods contrary to a determination under {clause} 1.6.3.
Offence provision.
{(2) An offence against {subclause} (1) is an offence of strict liability.} (13.8, amd/2)
(1) A person must not drive a road vehicle transporting goods contrary to a determination under {clause} 1.6.3.
Offence provision.
{(2) An offence against {subclause} (1) is an offence of strict liability.} (13.9 - road, amd/2)
Division 14.1 -- Emergencies generally
(1) This {clause} applies if a road vehicle transporting dangerous goods is involved in an incident resulting in a dangerous situation.
(2) The driver of the road vehicle must:
(a) notify the prime contractor, and the police or fire service, of the incident as soon as practicable; and
(b) provide the reasonable assistance required by an authorised officer, or an officer of an emergency service, to deal with the situation. (14.1 - road, amd/2)
Offence provision.
{(3) An offence against {subclause} (2) is an offence of strict liability.}
(1) This {clause} applies if train transporting dangerous goods is involved in an incident resulting in a dangerous situation.
(2) The driver of the train must:
(a) notify the rail contractor or the rail authority of the incident as soon as practicable; and
(b) provide the reasonable assistance required by an authorised officer, or an officer of an emergency service, to deal with the situation. (14.1 - road, amd/2)
Offence provision.
(3) Where the rail operator is notified by the train driver of the incident, the rail operator must:
(a) notify the rail authority, and the police or fire service, of the incident as soon as practicable; and
(b) provide the reasonable assistance required by an authorised officer, or an officer of an emergency service, to deal with the situation. (14.1 - road, amd/2)
Offence provision.
(4) Where the rail authority is notified by the train driver of the incident, the rail operator must:
(a) notify the police or fire service, of the incident as soon as practicable; and
(b) provide the reasonable assistance required by an authorised officer, or an officer of an emergency service, to deal with the situation. (14.1 - road, amd/2)
Offence provision.
{(5) An offence against {subclause} (3) or (4) is an offence of strict liability.}
14.1.3 Prime contractor's and rail operator's duties--food or food packaging
(1) This {clause} applies if an incident involving food or food packaging and a vehicle transporting dangerous goods results in the leakage, spillage or accidental escape of the dangerous goods, contamination of the food or food packaging, or a fire or explosion.
(2) The food or food packaging must not be transported from the site of an incident during road transport of dangerous goods if the Competent Authority has not given permission to the prime contractor to do so.
Offence provision.
(3) The food or food packaging must not be removed from rail premises unless the Competent Authority has given permission to the rail operator.
Offence provision.
(4) A permission under {subclause} (2) or (3):
(a) must be in writing; and
(b) must state the name of the person to whom it is given; and
(c) must identify the relevant incident; and
(d) must identify the food or food packaging to which it relates; and
(e) must take into consideration any requirements of the appropriate food and health authorities; and
(e) may contain any other information that the Competent Authority considers necessary. (14.2 - road, amd/2)
{(5) An offence against {subclause} (2) or (3) is an offence of strict liability.}
14.1.4 Prime contractors, rail operators and drivers to inform Competent Authority
(1) This {clause} applies if a vehicle transporting dangerous goods is involved in an incident resulting in a dangerous situation.
(2) As soon as practicable after the incident, the driver must notify the prime contractor or rail operator and the Competent Authority about the incident, and provide the following details:
(a) where the incident happened;
(b) the time and date of the incident;
(c) the nature of the incident;
(d) the dangerous goods being transported when the incident happened;
(e) any other details that the Competent Authority may require.
Offence provision.
(3) As soon as practicable after being told about the incident by the driver, the prime contractor or rail operator must provide to the Competent Authority the details mentioned in {subclause} (2).
Offence provision.
(4) Not later than 21 days after the day when the incident happens, the driver and the prime contractor or rail operator must each give to the Competent Authority a written report about the incident stating the following:
(a) where the incident happened;
(b) the time and date of the incident;
(c) the nature of the incident;
(d) for the driver's report, what he or she believes to be the likely cause of the incident;
(e) for the prime contractor's or rail operator's report, what he or she believes to be the likely cause of the incident;
(f) the dangerous goods being transported when the incident happened;
(g) the measures taken to control any leak, spill or accidental escape of dangerous goods and any fire or explosion, arising out of the incident;
(h) the measures taken after the incident in relation to the dangerous goods involved in the incident. (14.3 - road, amd/2)
Offence provision.
{(5) An offence against {subclause} (2), (3) or (4) is an offence of strict liability.}
Division 14.2 -- Emergencies involving placard loads
14.2.1 Telephone advisory service
(1) In this {clause}:
"telephone advisory service" , for the transport of dangerous goods, means a service providing access by a continuously monitored telephone not located on the carrying vehicle or train to a person competent to give advice about:
(a) the construction and properties of the receptacles in which the dangerous goods are being transported; and
(b) the use of equipment on vehicles on which the dangerous goods are being transported; and
(c) the properties of the dangerous goods; and
(d) methods of safely handling the dangerous goods; and
(e) methods of safely containing and controlling the dangerous goods in a dangerous situation.
(2) A prime contractor or rail operator must not transport a load of dangerous goods that contains dangerous goods in a receptacle with a capacity of more than 500 litres or kilograms if a telephone advisory service is not available during the journey.
Offence provision.
(3) A person must not consign a load of dangerous goods that contains dangerous goods in a receptacle with a capacity of more than 500 litres or kilograms for transport if a telephone advisory service is not available during the journey.
Offence provision.
{(4) An offence against {subclause} (2) or (3) is an offence of strict liability.}
(5) A telephone advisory service may be provided by the prime contractor, rail operator or consignor, or someone else for the prime contractor, rail operator or consignor. (14.4, amd/2)
(1) In this {clause}:
"emergency plan" , for the transport of a placard load, means a written plan, for dealing with any dangerous situation arising from the transport of the goods, that is prepared having regard to any guidelines approved by the Australian Transport Council.
(2) A prime contractor or rail operator must not transport a placard load if the prime contractor or rail operator does not have an emergency plan for the transport of the goods.
Offence provision.
(3) A person must not consign a placard load for transport if the person does not have an emergency plan for the transport of the goods. (14.5, amd/2)
Offence provision.
{(4) An offence against {subclause} (2) or (3) is an offence of strict liability.}
14.2.3 Consignor's duties--information and resources
(1) This {clause} applies if a vehicle transporting a placard load is involved in an incident resulting in a dangerous situation.
(2) As soon as practicable after being asked by an authorised officer or an officer of an emergency service, the consignor of the goods must:
(a) give to the officer the information that the officer requires about:
(i) the properties of the dangerous goods being transported; and
(ii) safe methods of handling the goods; and
(iii) safe methods of containing and controlling the goods in a dangerous situation; and
(b) provide the equipment and other resources necessary:
(i) to control the dangerous situation; and
(ii) to contain, control, recover and dispose of dangerous goods that have leaked, spilled or accidentally escaped.
Offence provision.
{(3) An offence against {subclause} (2) is an offence of strict liability.}
(4) If the prime contractor and the consignor, or the rail operator and the consignor, of the dangerous goods are asked to give the same information or provide the same resources for the incident, it is sufficient if the consignor or, as the case may be, the prime contractor or the rail operator gives the information or provides the resources. (14.6, amd/2)
14.2.4 Prime contractor's and rail operator's duties--information and resources
(1) This {clause} applies if a vehicle transporting a placard load is involved in an incident resulting in a dangerous situation.
(2) As soon as practicable after being asked by an authorised officer or an officer of an emergency service, the prime contractor or rail operator must:
(a) give to the officer the information that the officer requires about the vehicle's construction, properties and equipment; and
(b) provide the equipment and other resources necessary:
(i) to control the dangerous situation; and
(ii) to recover a vehicle involved in the situation or its equipment.
Offence provision.
{(3) An offence against {subclause} (2) is an offence of strict liability.}
(4) If the prime contractor and the consignor, or the rail operator and the consignor, of the dangerous goods are asked to give the same information or provide the same resources for the incident, it is sufficient if the consignor gives the information or provides the resources. (14.7, amd/2)
Division 15.1 -- Registers of determinations, exemptions, approvals and licences
Each of the following registers is a register for {this subordinate law}:
(a) the register of determinations kept under {clause} 1.6.5;
(b) the register of exemptions kept under {clause} 16.1.2;
(c) the register of approvals kept under {clause} 17.2.1;
(d) the register of dangerous goods driver licences kept under {subclause} 18.6.5 (1);
(e) the register of dangerous goods vehicle licences kept under {subclause} 18.6.5 (2). (15.1)
15.1.2 Registers may be kept by computer
(1) A register, or part of a register, under {this subordinate law} may be kept by computer.
(2) An entry made by computer for a register is taken to be a record made in the register. (15.2)
15.1.3 Inspection of registers
(1) The Competent Authority must ensure that each register is available for inspection by corresponding authorities and the public.
(2) The Competent Authority is taken to comply with {subclause} (1) by ensuring that there is reasonable access to:
(a) copies of information in a register; or
(b) a computer terminal to inspect a register. (15.3)
Division 15.2 -- Competent Authorities Panel
15.2.1 Membership and function of CAP
(1) Competent Authorities Panel or CAP means the panel of that name comprising persons each of whom:
(a) is a Competent Authority (or a representative of a Competent Authority) of this or a participating jurisdiction; and
(b) is appointed by the Australian Transport Council. (new)
(2) The function of CAP is to decide matters referred to it by a person mentioned in {subclause} (1) (a CAP member ). (15.4, amd)
(1) CAP may hold a meeting to decide a matter referred to CAP.
(2) CAP may permit a CAP member to participate in a meeting, or all meetings, by telephone, closed - circuit television or any other means of communication.
(3) A member who participates in a meeting under a permission under {subclause} (2) is taken to be present at the meeting.
(4) CAP may invite a person to be present at a meeting to advise or inform, or make a submission to, CAP. (15.5, amd)
(1) A CAP member has a single vote on a decision to be made by CAP.
(2) A matter that is referred to a meeting of CAP must be decided by a majority of votes.
(3) However, if there are 2 or more CAP members representing this or a participating jurisdiction, the members jointly have a single vote on a decision to be made by CAP.
(4) A decision is a valid decision of CAP, even though it is not made at a meeting of CAP, if each member of CAP agrees in writing to the proposed decision.
(5) However, if there are 2 or more CAP members representing this or a participating jurisdiction, it is sufficient if 1 or more of those members agree. (15.6, amd)
Division 15.3 -- Recommendations by Competent Authority and corresponding authorities
15.3.1 Recommendations by Competent Authority
(1) This {clause} applies if the Competent Authority considers that a ground exists for a corresponding authority to do any of the following (the proposed action ):
(a) revoke or vary a corresponding determination that is not a corresponding administrative determination;
(b) cancel or vary a corresponding administrative determination;
(c) cancel or vary a corresponding approval or exemption;
(d) cancel, suspend or vary a corresponding dangerous goods driver licence or dangerous goods vehicle licence.
(2) The Competent Authority may recommend, in writing, that the corresponding authority take the proposed action.
(3) The Competent Authority must provide written reasons to the corresponding authority for the recommendation. (15.7)
15.3.2 Recommendations by corresponding authorities
(1) This {clause} applies if a corresponding authority recommends to the Competent Authority in writing that the Competent Authority do any of the following:
(a) revoke or vary a determination that is not an administrative determination;
(b) cancel or vary an administrative determination;
(c) cancel or vary an approval;
(d) cancel, suspend or vary a dangerous goods driver licence or dangerous goods vehicle licence.
(2) The Competent Authority must:
(a) if the recommendation is about a determination (except an administrative determination) or approval that has effect in 1 or more other participating jurisdictions--refer the recommendation to CAP; and
(b) in any other case--have regard to the recommendation. (15.8)
Division 15.4 -- Mutual recognition of determinations, exemptions, approvals and licences
15.4.1 Corresponding determinations
(1) This {clause} applies to a determination made by a corresponding authority if:
(a) the determination is made under a provision of the law of the other jurisdiction corresponding to a provision (the relevant provision ) of any of the following {clauses}:
(i) {clause} 1.6.1 (Determinations--dangerous goods and packagings);
(ii) {clause} 1.6.2 (Determinations--foreign approved IBCs, tanks and MEGCs);
(iii) {clause} 1.6.3 (Determinations--vehicles, routes, areas, vehicles and times); and
(b) the determination has effect in the other jurisdiction; and
(c) either of the following subparagraphs applies:
(i) CAP has decided that the determination should have effect in all participating jurisdictions or participating jurisdictions including this jurisdiction and CAP has not reversed the decision;
(ii) the determination is an administrative determination.
(2) The determination has effect in this jurisdiction as if it were a determination made by the Competent Authority under the relevant provision. (15.9, amd)
15.4.2 Corresponding exemptions
(1) This {clause} applies to an exemption granted by a corresponding authority if:
(a) the exemption is granted for a provision of the law of the other jurisdiction corresponding to a provision (the relevant provision ) of {this subordinate law}; and
(b) the exemption has effect in the other jurisdiction; and
(c) CAP has decided that the exemption should have effect in all participating jurisdictions or participating jurisdictions including this jurisdiction, and CAP has not reversed the decision.
(2) The exemption has effect in this jurisdiction as if it were an exemption granted by the Competent Authority for the relevant provision. (15.10, amd)
(3) A decision of CAP that an exemption should have effect in all participating jurisdictions or participating jurisdictions including this jurisdiction ceases to be in force 10 years after the day on which the decision was made unless:
(a) the decision is sooner reversed by CAP; or
(b) the exemption to which the decision relates is sooner cancelled or varied by the corresponding authority.
15.4.3 Corresponding approvals
(1) This {clause} applies to an approval given by a corresponding authority if:
(a) the approval is given under a provision of the law of the other jurisdiction corresponding to a provision (the relevant provision ) of any of the following {clauses}:
(i) {clause} 1.3.2 (Approvals--tests and training courses for drivers);
(ii) {clause} 4.2.4 (Approvals--packaging designs);
(iii) {clause} 4.2.7 (Approvals--overpacks);
(iv) {clause} 9.1.8 (Approvals--segregation devices and methods of segregation);
(v) {clause}11.2.7 (Approvals--emergency information);
(vi) {clause} 20.1.4 (Approvals--insurance); and
(b) the approval has effect in the other jurisdiction; and
(c) CAP has decided that the approval should have effect in all participating jurisdictions or participating jurisdictions including this jurisdiction, and CAP has not reversed the decision.
(2) The approval has effect in this jurisdiction as if it were an approval given by the Competent Authority under the relevant provision. (15.11, amd)
(1) This {clause} applies to a licence granted by a corresponding authority for road transport if:
(a) the licence is a licence granted under a provision of the law of the other jurisdiction corresponding to {clause} 18.3.5 (Grant of dangerous goods driver licences), or 18.4.4 (Grant of dangerous goods vehicle licences), (the relevant provision ); and
(b) the licence has effect in the other jurisdiction.
(2) Except for circumstances that do not exist in this jurisdiction, the licence has effect in this jurisdiction as if it were a licence granted by the Competent Authority under the relevant provision. (15.12 - road, amd)
Note: For other provisions about exemptions, see sections 64, 65, 66 and 67 of the Act.
16.1.1 Applications for exemptions
(1) An application for an exemption must:
(a) be made in writing to the Competent Authority; and
(b) be signed and dated by or for the applicant; and
(c) state the applicant's name and address; and
(d) state the name of the person to whom, or the name, or a description, of the class of persons to which, the application relates; and
(e) specify the provisions of {this subordinate law}, and of the ADG Code, to which the application relates; and
(f) specify the dangerous goods to which the application relates; and
(g) state why, in the applicant's opinion, compliance with the provisions is not reasonably practicable; and
(h) state why, in the applicant's opinion, the exemption is not likely to involve a greater risk than the risk involved in complying with the provisions; and
(i) if the application relates to a vehicle, equipment, packaging or other thing--describe the thing; and
(j) state the period for which the exemption is sought; and
(k) state the geographical area within which the exemption is to have effect; and
(l) if a fee is prescribed for the application--be accompanied by the prescribed fee. (new)
(2) The Competent Authority may, by written notice, require the applicant to give to the Authority any additional information necessary for a proper consideration of the application. (16.1, amd)
(1) The Competent Authority must keep a register of exemptions.
(2) The register may have separate divisions for different kinds of exemptions.
(3) The Competent Authority must record in the register:
(a) each exemption granted by the Authority; and
(b) each corresponding exemption.
(4) The Competent Authority must note in the register:
(a) the cancellation or variation of an exemption granted by the Authority; and
(b) a decision of CAP reversing a decision that a corresponding exemption should have effect in all participating jurisdictions or participating jurisdictions including this jurisdiction. (16.2, amd)
The record of an exemption in the register must include:
(a) the terms of the exemption; or
(b) the following information:
(i) if the exemption was notified in the Government Gazette of a participating jurisdiction (including this jurisdiction)--the title of the Gazette and the date of notification;
(ii) the name of the person to whom, or the name, or a description, of the class of persons to which, the exemption applies;
(iii) the date when the exemption was granted;
(iv) the provisions of {this subordinate law}, and of the ADG Code, to which the exemption relates;
(v) the period for which the exemption has effect;
(vi) the dangerous goods, equipment, packaging, vehicle or other thing to which the exemption relates. (16.3, amd)
Division 16.2 -- Reference of matters to CAP
(1) The Competent Authority must refer an application for an exemption to CAP if the Authority considers that the exemption should have effect in all participating jurisdictions or participating jurisdictions including this jurisdiction.
(2) The Competent Authority must refer to CAP an exemption having effect in this jurisdiction, and 1 or more other participating jurisdictions, if:
(a) the Authority considers that the exemption should be cancelled or varied; or
(b) a corresponding authority recommends to the Competent Authority in writing that the exemption should be cancelled or varied. (16.4)
16.2.2 Effect of CAP decisions about applications
(1) This {clause} applies if:
(a) an application for an exemption is referred to CAP under {subclause} 16.2.1 (1); and
(b) CAP decides:
(i) that the exemption should be granted, what the terms of the exemption should be, and that the exemption should have effect in all participating jurisdictions or participating jurisdictions including this jurisdiction; or
(ii) that the exemption should not have effect in this jurisdiction.
(2) The Competent Authority must have regard to CAP's decision. (16.5)
16.2.3 Effect of CAP decisions about cancelling or varying exemptions
(1) This {clause} applies if:
(a) an exemption is referred to CAP under {subclause} 16.2.1 (2); and
(b) CAP decides that the exemption:
(i) should, or should not, be cancelled; or
(ii) should be varied and should have effect as varied in all participating jurisdictions or participating jurisdictions including this jurisdiction; or
(iii) should not be varied.
(2) The Competent Authority must have regard to CAP's decision. (16.6)
Part 17 -- Administrative determinations and approvals
Note: For provisions about determinations generally, see Division 1.6.
(1) An application for an administrative determination or approval, or for variation of an administrative determination or approval, must:
(a) be made to the Competent Authority in writing; and
(b) if a fee is prescribed for the application--be accompanied by the prescribed fee. (new)
(2) An application for variation of an administrative determination or written approval must have the determination or approval with it.
(3) The Competent Authority may, by written notice, require an applicant to give to the Authority any additional information necessary for a proper consideration of the application. (17.1, amd/1)
17.1.2 Form of administrative determinations and approvals
An administrative determination, or an approval given on written application, must be in writing. (17.2, amd/1)
17.1.3 When administrative determinations and approvals not to be made etc
The Competent Authority must not make an administrative determination on the application of, or give an approval under {this subordinate law} to, a person who is prohibited by a court order from involvement in the transport of dangerous goods. (17.3)
17.1.4 Reasons for refusal of applications
(1) This {clause} applies if the Competent Authority refuses an application to:
(a) make or vary an administrative determination; or
(b) grant or vary an approval under {this subordinate law}.
(2) The Competent Authority must inform the applicant in writing of the refusal and of the reasons for the refusal. (17.4, amd/1)
(1) An administrative determination or a written approval under {this subordinate law} has effect for the period specified in the determination or approval.
(2) A condition to which an administrative determination, or a written approval, is subject must be specified in the determination or approval. (17.5, amd/1)
17.1.6 Replacement administrative determinations and approvals
The Competent Authority must issue to a person to whom an administrative determination applies, or an approval is given, a replacement determination or approval if:
(a) the determination or approval is varied; or
(b) the Authority is satisfied that the determination or approval has been defaced, destroyed, lost or stolen. (17.6)
17.1.7 Failure to comply with conditions
(1) A person to whom an administrative determination applies, or an approval is given, must not contravene a condition of the determination or approval.
Offence provision.
{(2) An offence against {subclause} (1) is an offence of strict liability.} (17.7, amd/2)
17.1.8 Grounds for cancelling administrative determinations and approvals
(1) An administrative determination or approval may be cancelled if the application for the determination or approval:
(a) did not comply with {this subordinate law}; or
(b) was false or misleading in a material respect.
(2) An administrative determination or approval may be cancelled if:
(a) a relevant change has happened since the determination was made or the approval was given; and
(b) if the change had happened earlier:
(i) the determination would not have been made; or
(ii) the approval would not have been given.
(3) An administrative determination or approval may be cancelled if the person on whose application the determination was made, or to whom the approval was given, is unsuitable to continue to be a person to whom the determination applies, or the approval was given, because the person has contravened:
(a) a provision of the Act or {this subordinate law}; or
(b) a provision of the law in force in another participating jurisdiction corresponding to a provision mentioned in paragraph (a).
(4) In {subclause} (2):
"relevant change" means a change about something that the Competent Authority may or must consider in deciding whether to make the determination or give the approval. (17.8)
17.1.9 Grounds for varying administrative determinations and approvals
(1) An administrative determination or approval may be varied if the application for the determination or approval:
(a) did not comply with {this subordinate law}; or
(b) was false or misleading in a material respect.
(2) An administrative determination or approval may be varied if:
(a) a relevant change has happened since the determination was made or the approval was given; and
(b) if the change had happened earlier:
(i) the determination would have been made in the way in which it is proposed to be varied; or
(ii) the approval would have been given in the way in which it is proposed to be varied.
(3) An administrative determination or approval may be varied if the person on whose application the determination was made, or to whom the approval was given, is unsuitable to continue to be a person to whom the determination applies, or the approval was given, without variation because the person has contravened:
(a) a provision of the Act or {this subordinate law}; or
(b) a provision of the law in force in another participating jurisdiction corresponding to a provision mentioned in paragraph (a).
(4) In {subclause} (2):
"relevant change" means a change about something that the Competent Authority may or must consider in deciding whether to make the determination or give the approval. (17.9)
Division 17.2 -- Register of approvals
(1) The Competent Authority must keep a register of approvals.
(2) The register may have separate divisions for different kinds of approvals.
(3) The Competent Authority must record in the register:
(a) each approval given in writing under {this subordinate law}; and
(b) each corresponding approval.
(4) The Competent Authority must note in the register:
(a) the cancellation or variation of a written approval; and
(b) a decision of CAP reversing a decision that a corresponding approval should have effect in all participating jurisdictions or participating jurisdictions including this jurisdiction. (17.10)
The record of an approval in the register must include:
(a) the terms of the approval; or
(b) the following information:
(i) the name of the person to whom the approval was given;
(ii) the date when the approval was given;
(iii) the provisions of {this subordinate law}, and of the ADG Code, to which the approval relates;
(iv) the period for which the approval has effect;
(v) the dangerous goods, equipment, packaging, vehicle or other thing to which the approval relates. (17.11)
Division 17.3 -- Reference of approval matters to CAP
(1) The Competent Authority must refer an application for an approval to CAP if the Authority considers that the approval should have effect in all participating jurisdictions or participating jurisdictions including this jurisdiction.
(2) The Competent Authority must refer to CAP an approval having effect in this jurisdiction, and 1 or more other participating jurisdictions, if:
(a) the Authority considers that the approval should be cancelled or varied; or
(b) a corresponding authority recommends to the Competent Authority in writing that the approval should be cancelled or varied. (17.12)
17.3.2 Effect of CAP decisions about applications
(1) This {clause} applies if:
(a) an application for an approval is referred to CAP under {subclause} 17.3.1 (1); and
(b) CAP decides:
(i) that the approval should be given, what the terms of the approval should be, and that the approval should have effect in all participating jurisdictions or participating jurisdictions including this jurisdiction; or
(ii) that the approval should not have effect in this jurisdiction.
(2) The Competent Authority must have regard to CAP's decision. (17.13)
17.3.3 Effect of CAP decisions about cancelling or varying approvals
(1) This {clause} applies if:
(a) an approval is referred to CAP under {subclause} 17.3.2 (2); and
(b) CAP decides that the approval:
(i) should, or should not, be cancelled; or
(ii) should be varied (whether or not CAP's decision is the same as the variation proposed by the Authority), and should have effect as varied in all participating jurisdictions or in participating jurisdictions including this jurisdiction; or
(iii) should not be varied.
(2) The Competent Authority must have regard to CAP's decision. (17.14)
Division 17.4 -- Cancellation and variation
17.4.1 Cancellation and variation in dangerous situations
The Competent Authority must cancel or vary a determination or approval if the Competent Authority reasonably believes that:
(a) a ground exists to cancel or vary the administrative determination or approval; and
(b) it is necessary to do so to avoid, eliminate or minimise a dangerous situation. (19.2)
17.4.2 Cancellation giving effect to court orders
The Competent Authority must cancel an administrative determination if the person to whom the determination applies is prohibited by a court order from involvement in the transport of dangerous goods. (19.3)
17.4.3 Variation of administrative determinations and approvals on application
(1) This {clause} applies if:
(a) an application is made to vary an administrative determination or approval; and
(b) the application is made in accordance with {clause} 17.1.1 by the person to whom the determination applies or to whom the approval is given.
(2) The Competent Authority may vary the determination or approval in accordance with the application. (19.4)
17.4.4 Cancellation and variation in other circumstances
(1) This {clause} applies if:
(a) the Competent Authority considers that a ground exists to cancel or vary an administrative determination or approval (the proposed action ); and
(b) {clauses} 17.4.1, 17.4.2 and 17.4.3 do not apply to the proposed action.
(2) The Competent Authority must give to the person to whom the determination applies or the approval was given a written notice that:
(a) states what the proposed action is; and
(b) if the proposed action is to vary the determination or approval--sets out the proposed variation; and
(c) sets out the ground for the proposed action; and
(d) outlines the facts and other circumstances forming the basis for the ground; and
(e) invites the person to state in writing, within a specified period of at least 28 days after the day when the notice is given to the person, why the proposed action should not be taken.
(3) If, after considering any written statement made within the specified period, the Competent Authority reasonably believes that a ground exists to take the proposed action, the Authority may:
(a) cancel or vary the determination or approval; or
(b) if the proposed action is to vary the determination or approval in a specified way--vary the determination or approval in that way. (19.5, amd/1)
17.4.5 When cancellation and variation take effect
The cancellation or variation of an administrative determination or approval by the Competent Authority takes effect on:
(a) the day when the person to whom the determination applies or the approval was given is given written notice by the Authority of the cancellation or variation and of the reasons for the cancellation or variation; or
(b) a later day specified in the notice. (19.6, amd/1)
18.1.1 Meaning of licensing authority
In this Part:
"licensing authority" means:
(a) the Competent Authority for road transport; or
(b) a person or body authorised by the Competent Authority to issue licences under this Part.
(1) Except as provided by {clause (2)}, this Part applies to the transport by road of a load of dangerous goods that contains dangerous goods in a receptacle with a capacity of more than 500 litres or kilograms.
(2) This Part does not apply to the transport by road of dangerous goods on a vehicle if:
(a) the goods are transported in an IBC; and
(b) the IBC is not filled or emptied on the vehicle; and
(c) the total capacity of IBCs containing dangerous goods on the vehicle is not more than 3 000 litres.
18.1.3 Part additional to other laws
This Part is in addition to any other law in force in this jurisdiction about:
(a) the licensing of drivers; or
(b) the employment or engaging of drivers; or
(c) the registration of vehicles; or
(d) the transport of goods by road. (18.2)
Division 18.2 -- Principal duties under this Part
18.2.1 Prime contractor's duties
(1) If a prime contractor uses a road vehicle to transport dangerous goods (other than as the driver of the road vehicle), the road vehicle must be licensed under this Part to transport the goods.
Offence provision.
(2) If a prime contractor employs, engages or permits another person to drive a road vehicle transporting dangerous goods, the other person must be licensed under this Part to drive the road vehicle. (18.3)
Offence provision.
(1) If a person drives a road vehicle transporting dangerous goods, the road vehicle must be licensed under this Part to transport the goods.
Offence provision.
(2) If a person drives a road vehicle transporting dangerous goods, the person must be licensed under this Part to drive the road vehicle. (18.4)
Offence provision.
A person must not consign dangerous goods for transport by road on a vehicle if the person knows, or reasonably ought to know, that the vehicle is not licensed under this Part to transport the goods.
Offence provision.
Division 18.3 -- Dangerous goods driver licences
18.3.1 Applications for licences
(1) A person resident in the State/Territory who is not the holder of a dangerous goods driver licence or a corresponding dangerous goods driver licence may apply to a licensing authority for a dangerous goods driver licence.
(2) The application must be accompanied by:
(a) the driver licence evidence required by {clause} 18.3.2; and
(b) the competency evidence required by {clause} 18.3.3; and
(c) the medical fitness evidence required by {clause} 18.3.4; and
(d) 2 passport - size photographs of the applicant that were taken not more than 6 months before the day when the application is made; and
(e) if a fee is prescribed for the application--the prescribed fee. (18.10)
18.3.2 Required driver licence evidence
(1) The following documents are required as driver licence evidence for an application for the grant or renewal of a dangerous goods driver licence:
(a) a current certified extract of entries about the applicant in the driving licences register kept by the driver licensing authority in each jurisdiction where the applicant has held a licence to drive; and
(b) either:
(i) the document mentioned in {subclause} (2); or
(ii) the authorisation mentioned in {subclause} (3).
(2) For subparagraph (1) (b) (i), the document is a copy, certified by the appropriate authority of the jurisdiction where the applicant was convicted, of the records of any conviction of the applicant for a driving offence.
(3) For subparagraph (1) (b) (ii), the authorisation is the authorisation by the applicant for the licensing authority to have access to:
(a) entries about the applicant in the driver licences register of any State or Territory; and
(b) records of any conviction of the applicant for a driving offence in any State or Territory.
(4) For paragraph (1) (a), a current certified extract is an extract certified by the driver licensing authority not more than 6 months before the day when the application is made. (18.7)
18.3.3 Required competency evidence
(1) A document mentioned in {subclause} (2) is required as competency evidence for an application for grant or renewal of a dangerous goods driver licence.
(2) The document must be either:
(a) a certificate issued, not more than 6 months before the day when the application is made, by a person who conducted an approved test or approved training course stating that the applicant passed the test or completed the course; or
(b) other written evidence that the applicant passed an approved test or completed an approved training course not more than 6 months before the day when the application is made. (18.8)
18.3.4 Required medical fitness evidence
(1) The certificate mentioned in {subclause} (2) is required as medical fitness evidence for an application for grant or renewal of a dangerous goods driver licence.
(2) The certificate must be:
(a) about the fitness of the applicant to drive a road vehicle; and
(b) issued by a registered medical practitioner who, not more than 6 months before the day when the application is made, examined and passed the applicant in accordance with the standards in Assessing Fitness to Drive--Medical Standards for Licensing and Clinical Management Guidelines published by Austroads and the National Road Transport Commission in September 2003, as in force at the time of the examination. (18.9)
18.3.5 Grant of dangerous goods driver licences
(1) A licensing authority must grant a dangerous goods driver licence if:
(a) an application is made to the authority for the licence; and
(b) the application is accompanied by the documents required by {clause} 18.3.1 and otherwise complies with the {clause}.
(2) However, the licensing authority must not grant the licence if:
(a) in the 5 years before the day when the application is made:
(i) the applicant has been found guilty by a court in Australia of an offence that makes the applicant unsuitable to be the driver of a vehicle transporting dangerous goods; or
(ii) the applicant's driver licence has been cancelled or suspended on a ground that makes the applicant unsuitable to be the driver of a vehicle transporting dangerous goods; or
(b) the applicant is subject to a court order prohibiting the applicant from involvement in the transport of dangerous goods by road.
(3) If the licensing authority refuses to grant a dangerous goods driver licence, the Authority must inform the applicant in writing of the refusal and of the reasons for the refusal. (18.11)
18.3.6 Applications for renewal of licences
(1) A person who holds a dangerous goods driver licence may apply to a licensing authority for renewal of the licence.
(2) The application must be accompanied by:
(a) the driver licence evidence required by {clause} 18.3.2; and
(b) the competency evidence required by {clause} 18.3.3; and
(c) the medical fitness evidence required by {clause} 18.3.4; and
(d) 2 recent passport - size photographs of the applicant; and
(e) if a fee is prescribed for the application--the prescribed fee. (18.12)
(1) A licensing authority must renew a dangerous goods driver licence if:
(a) an application is made to the authority for renewal of the licence; and
(b) the application is accompanied by the documents required by {clause} 18.3.6 and otherwise complies with the {clause}.
(2) However, the licensing authority must not renew the licence if:
(a) while the licence had effect:
(i) the applicant was found guilty by a court in Australia of an offence that makes the applicant unsuitable to be the driver of a vehicle transporting dangerous goods; or
(ii) the applicant's driver licence has been cancelled or suspended on a ground that makes the applicant unsuitable to be the driver of a vehicle transporting dangerous goods; or
(b) the applicant is subject to a court order prohibiting the applicant from involvement in the transport of dangerous goods by road.
(3) If the licensing authority refuses to renew a dangerous goods driver licence, the authority must inform the applicant in writing of the refusal and of the reasons for the refusal. (18.13)
(1) A dangerous goods driver licence is granted for the period specified in the licence, being a period not longer than 5 years.
(2) A dangerous goods driver licence takes effect on the day when the licence is granted or a later day specified in the licence.
(3) A dangerous goods driver licence is renewed for the period specified in the renewed licence, being a period not longer than 5 years. (18.14)
(1) A licensing authority may grant or renew a dangerous goods driver licence subject to conditions mentioned in {subclauses} (3) and (4).
(2) A condition to which the licence is subject must be stated in the licence.
(3) The licence may be subject to conditions about:
(a) the dangerous goods that may or may not be transported in or on a road vehicle driven by the licensee; and
(b) the containers that may or may not be used to transport dangerous goods in or on a road vehicle driven by the licensee; and
(c) the road vehicles that may be driven by the licensee in transporting dangerous goods; and
(d) the areas where the licensee may or may not drive a road vehicle transporting dangerous goods or particular dangerous goods; and
(e) the supervision of the licensee when driving a road vehicle transporting dangerous goods.
(4) The licence may be subject to any other condition necessary for the safe transport of dangerous goods by road. (18.15)
(1) It is a condition of a dangerous goods driver licence that a licensing authority may, by written notice given to the licensee, require the licensee to produce to the authority a certificate:
(a) about the fitness of the applicant to drive a road vehicle; and
(b) issued by a registered medical practitioner who, not more than 6 months before the day when the certificate is given to the authority, examined and passed the applicant in accordance with the standards in Assessing Fitness to Drive--Medical Standards for Licensing and Clinical Management Guidelines published by Austroads and the National Road Transport Commission in September 2003, as in force at the time of the examination.
(2) The written notice must specify a period of at least 2 months after the day when the notice is received by the licensee within which the licensee must produce the certificate.
(3) A licensing authority must not give written notice under this {clause} if the period of validity of the dangerous goods driver licence is less than 4 months. (18.16, amd)
18.3.11 Grounds for cancelling, suspending or varying licences
(1) A dangerous goods driver licence may be cancelled, suspended or varied if the application for the licence or an application for its renewal:
(a) did not comply with {this subordinate law}; or
(b) was false or misleading in a material respect.
(2) A dangerous goods driver licence may be cancelled or varied if the licensee is unsuitable to continue to be the driver of a road vehicle transporting dangerous goods because:
(a) the licensee has contravened:
(i) a provision of the Act or {this subordinate law}; or
(ii) a provision of the law in force in another participating jurisdiction corresponding to a provision mentioned in subparagraph (i); or
(b) the licensee has been found guilty by a court in Australia of an offence; or
(c) the licensee's driver licence is cancelled; or
(d) the licensee is suffering from a medical condition, or has a physical or mental disability. (18.17)
Division 18.4 -- Dangerous goods vehicle licences
In this Division:
"vehicle" does not include:
(a) a prime mover; or
(b) a converter dolly (within the meaning of clause 10.6 in the Schedule to the Road Transport Reform (Heavy Vehicles Standards) Regulations). (18.18)
Note That clause defines converter dolly as a trailer with 1 axle group or single axle and a fifth wheel coupling, designed to convert a semi - trailer into a dog trailer.
18.4.2 Applications for licences
(1) A person may apply to a licensing authority for a dangerous goods vehicle licence for a road vehicle:
(a) used, or intended to be used, in transporting dangerous goods; and
(b) for which the person does not hold a dangerous goods vehicle licence.
(2) The application must include the following information:
(a) the registration number, make and type of the road vehicle;
(b) the type of dangerous goods intended to be transported in or on the road vehicle;
(c) if the applicant holds a dangerous goods vehicle licence for another vehicle--the number of the other dangerous goods vehicle licence.
(3) If a fee is prescribed for the application, the application must be accompanied by the prescribed fee.
(4) An application may be made for licences for 2 or more road vehicles in the same form. (18.19)
18.4.3 Additional information and inspections
(1) A licensing authority may, by written notice, require an applicant for a dangerous goods vehicle licence, or for renewal of a dangerous goods vehicle licence, for a vehicle:
(a) to give to the authority, or to someone nominated by the authority, any additional information necessary for a proper consideration of the application; and
(b) to make the vehicle available for inspection by the authority, or by someone nominated by the authority, at a specified place and time.
(2) A person who inspects a vehicle for the licensing authority must give a report of the inspection to the authority as soon as practicable after the inspection.
(3) The licensing authority must give a copy of any report of an inspection to the applicant if the applicant asks for it. (18.20)
18.4.4 Grant of dangerous goods vehicle licences
(1) Subject to {subclause} (4), a licensing authority must grant a dangerous goods vehicle licence for a road vehicle if:
(a) an application is made to the authority for the licence; and
(b) the application complies with {clause} 18.4.2; and
(c) the applicant has complied with any requirement made under {clause} 18.4.3 in relation to the application; and
(d) the road vehicle is suitable to transport each type of dangerous goods intended to be transported in or on the road vehicle.
(2) Without limiting paragraph (1) (d), if a road vehicle is intended for use in the transport of dangerous goods in the form of a liquid or gas using a tank that will form part of the vehicle or be attached to it, the vehicle is suitable only if:
(a) the tank is an approved tank; and
(b) the vehicle complies with the requirements of Chapters 4.4 and 6.9 of the ADG Code applying to road vehicles for use in transporting dangerous goods in the form of a liquid or gas.
(3) However, the licensing authority must not grant the licence if the applicant is subject to a court order prohibiting the applicant from involvement in the transport of dangerous goods by road.
(4) The licensing authority may issue a single dangerous goods vehicle licence for more than 1 road vehicle.
(5) If the licensing authority refuses to grant a dangerous goods vehicle licence, the authority must inform the applicant in writing of the refusal and of the reasons for the refusal. (18.21)
18.4.5 Applications for renewal of licences
(1) A person who holds a dangerous goods vehicle licence for a road vehicle may apply to a licensing authority for renewal of the licence.
(2) The application must include the information required under {subclause} 18.4.2 (2) for an application for the grant of a dangerous goods vehicle licence for the road vehicle.
(3) If a fee is prescribed for the application, the application must be accompanied by the prescribed fee. (18.22)
(1) Subject to {subclause} (4), a licensing authority must renew a dangerous goods vehicle licence for a road vehicle if:
(a) an application is made to the authority for renewal of the licence; and
(b) the application complies with {clause} 18.4.5; and
(c) the applicant has complied with any requirement made under {clause} 18.4.3 in relation to the application; and
(d) the road vehicle is suitable to transport each type of dangerous goods intended to be transported in or on the road vehicle.
(2) Without limiting paragraph (1) (d), if a road vehicle is intended for use in the transport of dangerous goods in the form of a liquid or gas using a tank that will form part of the vehicle or be attached to it, the vehicle is suitable only if:
(a) the tank is an approved tank; and
(b) the vehicle complies with the requirements of Chapters 4.4 and 6.9 of the ADG Code applying to road vehicles for use in transporting dangerous goods in the form of a liquid or gas.
(3) However, the licensing authority must not renew the licence if the applicant is subject to a court order prohibiting the applicant from involvement in the transport of dangerous goods by road.
(4) The licensing authority may issue a single dangerous goods vehicle licence for more than 1 road vehicle.
(5) If the licensing authority refuses to grant a dangerous goods vehicle licence, the authority must inform the applicant in writing of the refusal and of the reasons for the refusal. (18.23)
(1) A dangerous goods vehicle licence is granted for the period specified in the licence, being a period not longer than 5 years.
(2) A dangerous goods vehicle licence takes effect on the day when the licence is granted or a later day specified in the licence.
(3) A dangerous goods vehicle licence is renewed for the period specified in the renewed licence, being a period not longer than 5 years. (18.24)
(1) A licensing authority may grant or renew a dangerous goods vehicle licence subject to conditions mentioned in {subclauses} (3) and (4).
(2) A condition to which the licence is subject must be stated in the licence.
(3) The licence may be subject to conditions about:
(a) the dangerous goods that may or may not be transported in or on the vehicle; and
(b) the areas where the vehicle may or may not be used to transport dangerous goods or particular dangerous goods; and
(c) the inspections of the vehicle (if any) that are required.
(4) The licence may be subject to any other condition necessary for the safe transport of dangerous goods by road. (18.25)
18.4.9 Disposal and transfer of licensed vehicles
(1) Before selling or otherwise disposing of a vehicle (otherwise than by way of a business transfer) for which a dangerous goods vehicle licence has been granted (the disposed vehicle ), the licensee must remove the licence label from the vehicle and:
(a) attach it to the notice of the disposal of the vehicle; or
(b) destroy it and, if required by the licensing authority, provide sufficient evidence to show that this has been done.
Offence provision.
(2) Within the 21 days after selling or otherwise disposing of the disposed vehicle, the licensee must give, to the licensing authority, notice of the disposal.
Offence provision.
(3) If the licence for the vehicle also relates to another vehicle the licensee must attach the licence to the notice of the disposal of the vehicle.
Offence provision.
If the licence for the vehicle does not relate to another vehicle the licensee must:
(a) attach it to the notice of the disposal of the vehicle; or
(b) destroy it, and, if required by the licensing authority, provide sufficient evidence to show that this has been done.
Offence provision.
(5) On receipt of a licence, the licensing authority must:
(a) if the licence also relates to another vehicle:
(i) amend the licence by omitting reference to the disposed vehicle; and
(ii) return the licence to the licensee; or
(b) if paragraph (a) does not apply--cancel the licence. (18.26, amd/2)
(6) Within the 21 days after the transfer by business transfer of a vehicle for which a dangerous goods vehicle licence has been granted, the person to whom the vehicle has been transferred must make an application to the licensing authority, accompanied by the licence and the prescribed fee, for the transfer of the licence to that person.
Offence provision.
(7) On receipt of the application, licence and prescribed fee, the licensing authority must amend the licence to record the change in ownership and return the licence.
(8) In this {clause}:
"business transfer" , in respect of a vehicle, means a transfer of the title to the vehicle as part of a transfer in ownership of the business in which the vehicle is used and is to continue to be used.
{(9) An offence against {subclause} (1), (2), (3), (4) or (6) is an offence of strict liability.}
18.4.10 Grounds for cancelling, suspending or varying licences
(1) A dangerous goods vehicle licence may be cancelled, suspended or varied if the application for the licence or an application for its renewal:
(a) did not comply with {this subordinate law}; or
(b) was false or misleading in a material respect.
(2) A dangerous goods vehicle licence for a road vehicle may be cancelled, suspended or varied if the road vehicle does not comply with the Act or {this subordinate law}. (18.27)
(1) A licensing authority must issue to the holder of a dangerous goods vehicle licence a licence label for each road vehicle to which the licence relates.
(2) A person must not drive a road vehicle transporting dangerous goods if a current licence label for the road vehicle is not attached to the vehicle in a conspicuous place.
Offence provision.
(3) A prime contractor must not transport dangerous goods in a road vehicle if a current licence label for the road vehicle is not attached to the vehicle in a conspicuous place.
Offence provision.
(4) A licence label must be capable of being securely attached to the road vehicle.
{(5) An offence against {subclause} (2) or (3) is an offence of strict liability.} (18.28, amd/2)
Division 18.5 -- Requirements relating to dangerous goods driver licences
(1) The holder of a dangerous goods driver licence must carry his or her dangerous goods driver licence when driving a road vehicle transporting dangerous goods if this Part applies to the vehicle by virtue of {clause} 18.1.2.
Offence provision.
{(2) An offence against {subclause} (1) is an offence of strict liability.} (18.30, amd/2)
18.5.2 Licences to be produced for inspection
(1) The driver of a road vehicle transporting dangerous goods must produce his or her dangerous goods driver licence for inspection by an authorised officer, if the officer asks the driver to produce the licence for inspection.
Offence provision.
{(2) An offence against {subclause} (1) is an offence of strict liability.} (18.31, amd/2)
Division 18.6 -- Licences generally
18.6.1 Meaning of licence and licensee
In this Division:
"licence" means a dangerous goods driver licence or dangerous goods vehicle licence.
"licensee" means the holder of a licence. (18.32)
18.6.2 Replacement licences and licence labels
(1) A licensing authority may issue a replacement licence to a licensee if:
(a) the licence is renewed; or
(b) the licence is varied; or
(c) a period of suspension of the licence ends.
(2) The licensing authority must issue a replacement licence or licence label to a licensee if the authority is satisfied that the licence or label has been defaced, destroyed, lost or stolen. (18.33)
18.6.3 Failure to comply with licence conditions
(1) A licensee must not contravene a condition of his or her licence.
Offence provision.
{(2) An offence against {subclause} (1) is an offence of strict liability.} (18.34, amd/2)
(1) A licensee may surrender his or her licence by giving notice of surrender to the licensing authority that issued the licence and returning the licence to that authority.
(2) A licence ceases to have effect on its surrender. (18.35)
(1) A licensing authority must keep a register of dangerous goods driver licences.
(2) A licensing authority must keep a register of dangerous goods vehicle licences.
(3) A register may have separate divisions for different kinds of licences.
(4) A licensing authority must record each licence granted under {this subordinate law} in the appropriate register.
(5) A licensing authority must note in the register the cancellation, surrender, suspension or variation of a licence. (18.36)
The record of a licence in the register must include the following information:
(a) the name of the licensee;
(b) the date when the licence was granted or renewed;
(c) either:
(i) the period for which the licence was granted or renewed; or
(ii) the expiry date of the licence;
(d) for a dangerous goods driver licence--the licensee's date of birth;
(e) for a dangerous goods vehicle licence--the registration number, make and type of each road vehicle to which the licence relates;
(f) the Classes of dangerous goods for which the licence is valid;
(g) any condition to which the licence is subject. (18.37)
18.6.7 Change of information given in licence applications
(1) This {clause} applies if a licensee becomes aware that information given by the licensee to a licensing authority in, or in relation to, an application for the grant or renewal of a licence is or has become incorrect in a material respect.
(2) Within 14 days after becoming aware of the matter, the licensee must inform the licensing authority about the matter and give the correct information to the authority.
Offence provision.
{(3) An offence against {subclause} (2) is an offence of strict liability.} (18.38, amd/2)
18.6.8 Production of licences to licensing authority
(1) A licensing authority may, by written notice, require a person to whom a licence has been granted to produce the licence to the authority.
(2) The person must produce the licence to the licensing authority within 14 days after the day when the notice is given to the person.
Offence provision.
{(3) An offence against {subclause} (2) is an offence of strict liability.} (18.39, amd/2)
(1) This {clause} applies if a licence is produced to a licensing authority or given to the authority by an authorised officer.
(2) If the licence has not been cancelled and is not suspended, the licensing authority must return the licence after inspecting it.
(3) If the licence has been suspended, the suspension has ended and a replacement licence is not issued, the licensing authority must return the licence to the licensee.
(4) If the licence has been varied, the variation is recorded on the licence and a replacement licence is not issued, the licensing authority must return the licence to the licensee.
(5) However, if the licence period has ended, the licensing authority is not required to return the licence to the licensee. (18.41)
Division 18.7 -- Cancellation, suspension and variation
In this Part:
"licence" means a dangerous goods driver licence or dangerous goods vehicle licence.
"licensee" means the holder of a licence. (19.1)
18.7.2 Cancellation, suspension and variation in dangerous situations
A licensing authority must cancel, suspend or vary a licence if the licensing authority reasonably believes that:
(a) a ground exists to cancel, suspend or vary the licence; and
(b) it is necessary to do so to avoid, eliminate or minimise a dangerous situation. (19.2, amd)
18.7.3 Cancellation and suspension giving effect to court orders
A licensing authority must cancel or suspend a licence if the licensee is prohibited by a court order from involvement in the transport of dangerous goods by road. (19.3)
18.7.4 Variation of licence on application
(1) This {clause} applies if:
(a) an application is made to vary a licence; and
(b) the application is made by the licensee and has the licence with it.
(2) A licensing authority may vary the licence in accordance with the application. (19.4)
18.7.5 Cancellation, suspension and variation in other circumstances
(1) This {clause} applies if:
(a) a licensing authority considers that a ground exists to cancel, suspend or vary a licence (the proposed action ); and
(b) {clauses} 18.7.2, 18.7.3 and 18.7.4 do not apply to the proposed action.
(2) The licensing authority must give to the licensee a written notice that:
(a) states what the proposed action is; and
(b) if the proposed action is to suspend the licence--states what the proposed suspension period is; and
(c) if the proposed action is to vary the licence--sets out the proposed variation; and
(d) sets out the ground for the proposed action; and
(e) outlines the facts and other circumstances forming the basis for the ground; and
(f) invites the licensee to state in writing, within a specified period of at least 28 days after the day when the notice is given to the licensee, why the proposed action should not be taken.
(3) If, after considering any written statement made within the specified period, the licensing authority reasonably believes that a ground exists to take the proposed action, the licensing authority may:
(a) cancel or vary the licence; or
(b) suspend the licence for a period not longer than 12 months (except if the suspension is to give effect to a court order specifying a longer period of suspension) {new, from 19.1.5 (2); or
(c) if the proposed action is to vary the licence in a specified way--vary the licence in that way. (19.5, amd/1)
18.7.6 When cancellation, suspension and variation take effect
The cancellation, suspension or variation of a licence by a licensing authority takes effect on:
(a) the day when the licensee is given written notice by the licensing authority of the cancellation, suspension or variation and of the reasons for the cancellation, suspension or variation; or
(b) a later day specified in the notice. (19.6, amd/1)
18.7.7 When licences taken to be suspended
(1) A person's dangerous goods driver licence is taken to be suspended if the person's driver licence has no effect.
(2) A person's dangerous goods vehicle licence for a road vehicle is taken to be suspended in relation to the road vehicle if the road vehicle is not registered. {19.7}
Part 19 -- Reconsideration and review of decisions
This Part applies to the following decisions made by the Competent Authority:
(a) a decision, under Part 4 of the Act, to refuse to grant an exemption, to cancel an exemption, to impose a new condition or to vary or cancel a condition of an exemption;
(b) a decision under Part 6 of the Act to issue an improvement notice under section 72 of the Act, or to amend an improvement notice under section 74 of the Act;
(c) a decision, under {clause} 1.3.2, to approve or not approve a test or training course for drivers of road vehicles transporting dangerous goods;
(d) an administrative determination under {clause} 1.6.1 (dangerous goods and packaging), 1.6.2 (foreign approved IBCs, tanks and MEGCs) or 1.6.3 (vehicles, routes, areas and times);
(e) a decision, under {clause} 4.2.4, to approve or not approve a design for a packaging;
(f) a decision, under {clause} 4.2.7, to approve or not approve a method of preparing an overpack;
(g) a decision, under {clause} 9.1.8, to approve or not approve a design for a segregation device;
(h) a decision, under {clause} 11.2.7, to approve or not approve emergency information;
(i) a decision, under {clause} 17.4.1, 17.4.3 or 17.4.4, to cancel, vary or refuse to vary a determination or approval;
(j) a decision, under {clause} 18.3.5 or 18.4.4, to grant or refuse to grant a licence;
(k) a decision, under {clause} 18.3.7 or 18.4.6, to renew or refuse to renew a licence;
(l) a decision, under {clause} 18.6.2, to issue or refuse to issue a replacement licence or licence label;
(m) a decision, under {clause} 18.7.2, 18.7.4 or 18.7.5, to cancel, suspend, vary or refuse to vary a licence;
(n) a decision, under {clause} 20.1.4, to approve or not approve the use of a vehicle that is not covered by a policy of insurance or other form of indemnity.
19.1.2 Who may apply for reconsideration of decisions
A person whose interests are affected by a decision may apply in writing to the Competent Authority for reconsideration of the decision.
19.1.3 Applications for reconsideration
(1) An application must be made within:
(a) 28 days after the day when the person was informed of the decision by the Competent Authority; or
(b) a longer period allowed by the Authority, either before or after the end of the 28 days.
(2) The application must set out the grounds on which reconsideration of the decision is sought.
19.1.4 Competent Authority to reconsider decisions
(1) Within 28 days after receiving the application, the Competent Authority must reconsider the decision, and confirm, revoke or vary the decision.
(2) The Competent Authority must inform the applicant in writing of the result of the reconsideration and of the reasons for the result.
19.1.5 Review of certain decisions
Application may be made {to the appropriate administrative review body of the adopting State or Territory} for review of a decision by the Competent Authority under {clause} 19.1.4.
(1) The owner of a road vehicle must not use the vehicle, or permit it to be used, to transport a placard load if:
(a) the use of the vehicle is not covered by a policy of insurance or other form of indemnity, for a sum that is not less than $5 000 000, in respect of:
(i) personal injury, death, property damage and other damage (except consequential economic loss) arising out of fire, explosion, leakage or spillage of dangerous goods in, on or from the vehicle or a container transported in or on the vehicle; and
(ii) costs incurred by or on behalf of a Commonwealth, State or Territory government authority in a clean - up resulting from any event of the kind referred to in subparagraph (a) (i); or
(b) the owner does not have an approval under {clause} 20.1.4 in relation to the vehicle.
Offence provision.
(2) Each load bearing vehicle, whether or not a motor vehicle and whether or not it is being used in combination with another vehicle, is a vehicle for the purposes of {subclause} (1).
{(3) An offence against {subclause} (1) is an offence of strict liability.}
20.1.2 Prime contractor's duties
(1) A prime contractor must not use a road vehicle to transport a placard load if:
(a) the use of the vehicle is not covered by a policy of insurance or other form of indemnity, for a sum that is not less than $5 000 000, in respect of:
(i) personal injury, death, property damage and other damage (except consequential economic loss) arising out of fire, explosion, leakage or spillage of dangerous goods in, on or from the vehicle or a container transported in or on the vehicle; and
(ii) costs incurred by or on behalf of a Commonwealth, State or Territory government authority in a clean - up resulting from any event of the kind referred to in subparagraph (a) (i); or
(b) the prime contractor does not have an approval under {clause} 20.1.4 in relation to the vehicle.
Offence provision.
(2) Each load bearing vehicle, whether or not a motor vehicle and whether or not it is being used in combination with another vehicle, is a vehicle for the purposes of {subclause} (1).
{(3) An offence against {subclause} (1) is an offence of strict liability.}
20.1.3 Requiring evidence of insurance etc
(1) The Competent Authority may, by written notice, require the owner of a road vehicle used to transport a placard load, or a prime contractor responsible for the condition of the vehicle, to produce:
(a) written evidence that the vehicle is covered by a policy of insurance or other form of indemnity in accordance with paragraph 20.1.1 (1) (a) or 20.1.2 (1) (a); or
(b) an approval under {clause} 20.1.4 in relation to the vehicle.
(2) The owner or prime contractor must produce the evidence or approval to the Competent Authority within 14 days after the day when the notice is given to the person.
Offence provision.
{(3) An offence against {subclause} (2) is an offence of strict liability.
(1) The owner of a road vehicle used to transport placard loads, or a prime contractor responsible for the condition of the vehicle, may make an application in accordance with {clause} 17.1.1 to use the vehicle even if the vehicle is not covered by a policy of insurance or other form of indemnity in accordance with paragraph 20.1.1 (1) (a) or 20.1.2 (1) (a).
(2) If the Competent Authority is satisfied that the owner or prime contractor is adequately capable of self - insurance for the purposes of paragraph 20.1.1 (1) (a) or 20.1.2 (1) (a), the Competent Authority may give written approval for the use of the vehicle.
(3) An approval under {subclause} (2) may be given by the Competent Authority:
(a) for a single use or for a period not longer than 5 years; and
(b) subject to any other condition.
Part 21 -- Infringement notices
21.1.1 Meaning of infringement penalty
In this Part:
"infringement penalty" has the same meaning as in section 279 of the Act.
Note 1: Subsection 79 (4) of the Act defines infringement penalty as the monetary penalty that a person who is served with an infringement notice may, as an alternative to having the matter dealt with by a court, pay to dispose of the matter.
Note 2: The infringement penalty for infringement notice offences under the Act may be found in column 2 of Schedule 1.1 to the Act and the infringement penalty for infringement notice offences under {this subordinate law} may be found in column 2 of Schedule 2.1.
21.1.2 Infringement notice offences
For section 79 of the Act, each offence set out in Schedule 2.1 is declared to be an infringement notice offence.
21.1.3 Time for payment of infringement penalty
The time within which the infringement penalty must be paid is:
(a) 28 days after the day when the notice is served on the person; or
(b) if a reminder notice is given to the person--28 days after the reminder notice is served on the person; or
(c) a longer time that may be allowed in writing by the authorised officer.
21.1.4 Contents of infringement notices
An infringement notice served by an authorised officer on a person for an offence must:
(a) be identified by a unique number; and
(b) specify the date of service of the notice; and
(c) specify the full name, or surname and initials, and address of the person; and
(d) give brief details of the offence, including:
(i) the date and approximate time of the offence; and
(ii) where the offence happened; and
(iii) the provision of the Act or {this Subordinate Law} contravened; and
(e) specify the infringement penalty for the offence payable under the notice; and
(f) specify the place where, and any method by which, the infringement penalty may be paid; and
(g) specify the Competent Authority's name and address; and
(h) contain the additional information required by {clause} 21.1.5; and
(i) be signed by the authorised officer.
21.1.5 Additional information in infringement notices
The infringement notice must inform the person that:
(a) the person may pay the infringement penalty specified in the notice:
(i) by posting or delivering the payment to the place of payment specified in the notice; or
(ii) in any other way specified in the notice; and
(b) unless the notice is withdrawn, if the person pays the infringement penalty within 28 days after the day when the notice is served on the person (or any longer time allowed in writing by the authorised officer):
(i) any liability of the person for the offence to which the notice relates will be discharged; and
(ii) the person will not be prosecuted in court for the offence; and
(iii) the person will not be taken to have been convicted of the offence; and
(c) if the person does not pay the infringement penalty within that time, the person may be prosecuted in court for the offence; and
(d) if the person wishes a court to decide whether he or she is guilty of the offence, the person must notify the Competent Authority accordingly in writing within 28 days after the day when the notice is served on the person; and
(e) if the person notifies the Competent Authority in writing of that wish within the 28 days:
(i) the infringement notice may be withdrawn; and
(ii) he or she may be prosecuted in court for the offence; and
(f) if the person is prosecuted in court and found guilty of the offence, the person may be convicted of the offence and ordered to pay a penalty and costs, and be subject to any other order that the court makes.
(1) If an infringement notice is served by an authorised officer on a person for an offence and the infringement penalty specified in the notice is not paid within 28 days after the day when the notice is served on the person, the officer may give a reminder notice to the person.
(2) The reminder notice must:
(a) include the information mentioned in paragraphs 21.1.4 (a) to (h); and
(b) contain the additional information required by {clause} 21.1.7; and
(c) be signed by the authorised officer.
21.1.7 Additional information in reminder notices
The reminder notice must inform the person that:
(a) the time for payment of the infringement penalty specified in the infringement notice has been extended; and
(b) the person may pay the infringement penalty specified in the infringement notice:
(i) by posting or delivering the payment to the place of payment specified in the notice; or
(ii) in any other way specified in the notice; and
(c) unless the infringement notice is withdrawn, if the person pays the infringement penalty within 28 days after the day when the reminder notice is served on the person (or any longer time allowed in writing by the authorised officer):
(i) any liability of the person for the offence to which the notices relate will be discharged; and
(ii) the person will not be prosecuted in court for the offence; and
(iii) the person will not be taken to have been convicted of the offence; and
(d) if the person does not pay the infringement penalty within that time, the person may be prosecuted in court for the offence; and
(e) if the person wishes a court to decide whether he or she is guilty of the offence, the person must notify the Competent Authority in writing within 28 days after the day when the reminder notice is given to the person; and
(f) if the person notifies the Competent Authority in writing of that wish within the 28 days:
(i) the infringement notice may be withdrawn; and
(ii) he or she may be prosecuted in court for the offence; and
(g) if the person is prosecuted in court and found guilty of the offence, the person may be convicted of the offence and ordered to pay a penalty and costs, and be subject to any other order that the court makes.
21.1.8 Withdrawal of infringement notices
(1) A notice withdrawing an infringement notice served on a person for an offence must:
(a) include the following information:
(i) the full name, or surname and initials, and address of the person;
(ii) the number of the notice;
(iii) the date of service of the notice; and
(b) state that the notice is withdrawn; and
(c) if an authorised officer intends to bring a prosecution against the person in a court for the offence--state that a prosecution may be brought against the person in a court for the offence.
(2) If the person has already paid the infringement penalty specified in the notice, the Competent Authority must refund it.
(1) This Part does not:
(a) require an infringement notice to be served on a person for an offence; or
(b) affect the liability of a person to be prosecuted for an offence if an infringement notice is not served on the person for the offence; or
(c) prevent the service of 2 or more infringement notices on a person for an offence; or
(d) affect the liability of a person to be prosecuted for an offence if the person does not comply with an infringement notice for the offence; or
(e) limit or otherwise affect the penalty that may be imposed by a court on a person convicted of an offence.
(2) However, if the person on whom an infringement notice is served for an offence pays the infringement penalty specified in the notice:
(a) any liability of the person for the offence is discharged; and
(b) the person may not be prosecuted in a court for the offence; and
(c) the person is not taken to have been convicted of the offence.
22.1.1 Lawful conduct under previous law
(1) A person does not commit an offence against the Act or {this subordinate law} if, within the period of 12 months { local variation } after the commencement of the Act, the person transports dangerous goods by road or rail in accordance with the law that regulated the transport of dangerous goods by road or rail and was in force in this jurisdictionimmediately before the commencement of the Act.
(2) Where an exemption or approval that is continued in effect by virtue of this Part does not have an expiry date, it will expire on the fifth anniversary of the commencement of the Act.
22.1.2 Continuing effect of certain determinations
(1) This {clause} applies to a determination (however described) that:
(a) was made under a law that regulated the transport of dangerous goods by road or rail; and
(b) was in force in this jurisdiction immediately before the commencement of the Act; and
(c) is a determination in respect of something that may be determined under a provision (the relevant provision ) of any of the following {clauses}:
• (i) 1.6.1 (Determinations--dangerous goods and packaging);
(ii) 1.6.2 (Determinations--foreign approved IBCs, tanks and MEGCs);
(iii) 1.6.3 (Determinations--vehicles, routes, areas and times).
(2) The determination has effect for {this subordinate law} as if it were a determination made by the Competent Authority under the relevant {clause} of {this subordinate law}.
(3) Without limiting {subclause (1)}, the Competent Authority may record the determination in the register of determinations kept under {clause} 1.6.5.
(4) {Subclause (3)} does not apply to a determination if it was made on the application of a person and applies only to the person.
22.1.3 Continuing effect of corresponding determinations
(1) This {clause} applies to a determination (however described) that:
(a) was made under a law regulating the transport of dangerous goods by road or rail made by a jurisdiction that has passed or has indicated that it intends to pass a corresponding law;
(b) was in force in the {State/Territory} immediately before the commencement of the Act; and
(c) is a determination about something that may be determined under a provision of the law of the other {State/Territory} (the corresponding provision ) that corresponds to a provision of a {clause} mentioned in paragraph 22.1.2 (1) (c).
(2) Except for circumstances that do not exist in this jurisdiction, the determination has effect for {this subordinate law} as if it were a determination made by the corresponding authority for the other {State/Territory} under the corresponding provision.
22.1.4 Continuing effect of certain exemptions
(1) This {clause} applies to an exemption (however described) that:
(a) was granted under a law regulating the transport of dangerous goods by road or rail; and
(b) was in force in this {State/Territory} immediately before the commencement of the Act; and
(c) is an exemption from compliance with a provision of that law corresponding to a provision (the relevant provision ) of {this subordinate law}.
(2) The exemption has effect for {this subordinate law} as if it were an exemption granted by the Competent Authority from compliance with the relevant provision.
(3) Without limiting {subclause (2)}, the Competent Authority may record the exemption in the register of exemptions kept under {clause} 1.6.5.
22.1.5 Continuing effect of corresponding exemptions
(1) This {clause} applies to an exemption (however described) that:
(a) was granted under a law regulating the transport of dangerous goods by road or rail made by a {State/Territory} that has passed or has indicated that it intends to pass a corresponding law; and
(b) was in force in the other {State/Territory} immediately before the commencement of the Act; and
(c) is an exemption from compliance with a provision of the law of the other {State/Territory} (the corresponding provision ) corresponding to a provision of the Act or{this subordinate law}.
(2) Except for circumstances that do not exist in this {State/Territory}, the exemption has effect for the Act or {this subordinate law} as if it were an exemption granted by the corresponding authority for the other {State/Territory} from compliance with the corresponding provision.
22.1.6 Continuing effect of certain approvals
(1) This {clause} applies to an approval (however described) if the approval:
(a) was given under a law regulating the transport of dangerous goods by road; and
(b) was in force in this {State/Territory} immediately before the commencement of the Act; and
(c) is an approval of something that may be approved under a provision (the relevant provision ) of any of the following provisions:
(i) {clause} 1.3.2 (Approvals--tests and training courses for drivers);
(ii) Division 4.2 (Suitability and design of packaging);
(iii) {clause} 9.1.8 (Approvals--segregation devices and methods of segregation;
(iv) {clause} 11.2.7 (Approvals--emergency information).
(2) The approval has effect for {this subordinate law} as if it were an approval given by the Competent Authority under the relevant provision.
(3) Without limiting {subclause} (2), the Competent Authority may record the approval in the register of approvals kept under {clause} 17.2.1.
22.1.7 Continuing effect of corresponding approvals
(1) This subordinate law applies to an approval (however described) that:
(a) was given under a law regulating the transport of dangerous goods by road or rail made by a {State/Territory} that has passed or has indicated that it intends to pass a corresponding law; and
(b) was in force in the other {State/Territory} immediately before the commencement of the Act; and
(c) is an approval of something that may be approved under a provision of the law of the other {State/Territory} (the corresponding provision ) corresponding to a provision mentioned in paragraph 22.1.6 (1) (c).
(2) Except for circumstances that do not exist in this {State/Territory}, the approval has effect for {this subordinate law} as if it were an approval given by the corresponding authority for the other {State/Territory} under the corresponding provision.
22.1.8 Continuing effect of certain licences
(1) This {clause} applies to a licence (however described) that:
(a) was granted under a law regulating the transport of dangerous goods by road; and
(b) was in force in this {State/Territory} immediately before the commencement of the Act; and
(c) is a licence that may be granted under either of the following provisions (the relevant provision ):
(i) {clause} 18.3.5 (Grant of dangerous goods driver licences)18.11 (which is about bulk driver licences);
(ii) {clause} 18.4.4 (Grant of dangerous goods vehicle licences).
(2) The licence has effect for {this subordinate law} as if it were a licence granted by the Competent Authority under the relevant provision.
(3) Without limiting {subclause (2)}, the Competent Authority may record the licence in the relevant register of licences kept under {clause} 18.6.5.
22.1.9 Continuing effect of corresponding licences
(1) This {clause} applies to a licence (however described) that:
(a) was granted under a law regulating the transport of dangerous goods by road or rail made by a {State/Territory} that has passed or has indicated that it intends to pass a corresponding law; and
(b) was in force in the other {State/Territory} immediately before the commencement of the Act; and
(c) is a licence that may be granted under a provision of the law of the other {State/Territory} (the corresponding provision ) corresponding to a provision mentioned in paragraph 22.1.8 (1) (c).
(2) Except for circumstances that do not exist in this {State/Territory}, the licence has effect for {this subordinate law} as if it were a licence granted by the corresponding authority for the other jurisdiction under the corresponding provision.