Queensland Consolidated Regulations

TRANSPORT OPERATIONS (ROAD USE MANAGEMENT--DANGEROUS GOODS) REGULATION 2018 - REG 119

119 Duties of occupiers

(1) The occupier of premises at which the bulk transfer of dangerous goods happens must not keep on the premises a hose assembly for use in the transfer (other than a hose assembly brought on to the premises on the vehicle involved in the transfer) that—

(a) has not been constructed, assembled and maintained in accordance with chapter 10.1 of the ADG Code; or

(b) has not been inspected and tested at the intervals, and in the way, required under that chapter; or

(c) did not satisfy a test under that chapter.

Penalty—

Maximum penalty—20 penalty units.

(2) The occupier of premises at which the bulk transfer of dangerous goods happens must not transfer the goods, or permit the goods to be transferred, other than—

(a) in the prescribed way; and

(b) in a way that eliminates risk or, if it is not possible to eliminate risk, that minimises risk to the maximum extent that is practicable.

Penalty—

Maximum penalty—40 penalty units.

(3) The occupier of premises at which the bulk transfer of dangerous goods happens must keep, in accordance with section 10.1.3.4 of the ADG Code, accurate records of all maintenance work, and each inspection and test, performed on the hose assembly.

Penalty—

Maximum penalty—7 1 / 2 penalty units.

(4) It is a defence to a prosecution for an offence against subsection (2) that the person complied with that subsection as far as practicable.

(5) Subsection (4) does not apply in relation to a contravention of a requirement mentioned in section 116 , definition prescribed way , paragraph (a) (ii) .