Victorian Numbered Regulations

DANGEROUS GOODS (TRANSPORT BY ROAD OR RAIL) REGULATIONS 2018 (SR NO 155 OF 2018) - REG 55

    (1)     The Authority may, on application in accordance with regulation 54, approve a design for a packaging for use in the transport of dangerous goods if it is satisfied that a packaging of that design—

        (a)     will comply with, or is permitted by, Part 6 of the ADG Code; and

        (b)     satisfies all the relevant testing and inspection requirements set out in that Part.

    (2)     In determining whether packaging of a particular design satisfies any particular testing requirement, the Authority may rely on any test certificate issued by a recognised testing facility (as described in regulation 56(1)) that complies with regulation 56.

    (3)     In giving its approval, the Authority may impose in relation to the approval any condition about the construction, packing, use or maintenance of a packaging manufactured in accordance with the design necessary for the safe use of the packaging to transport dangerous goods.

    (4)     A person must not construct, pack or fail to maintain packaging for use in the transport of dangerous goods, or use packaging to transport dangerous goods, if the person knows, or reasonably ought to know, that—

        (a)     a condition about the construction, packing, maintenance or use of the packaging, as the case may be, was imposed in relation to the approval of the design for the packaging; and

        (b)     the construction, packing, failure to maintain, or use of the packaging is in contravention of the condition.

Penalty:     In the case of a natural person, 35 penalty units;

In the case of a body corporate, 175 penalty units.