{"id":"sl-2010-12","name":"Dangerous Goods (Road Transport) Regulation 2010","slug":"dangerous-goods-road-transport-regulation-2010","collection":"regulation","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"12 of 2010","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173330,"registerId":"act-sl-2010-12-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"3","sectionType":"section","heading":"Dictionary","content":"3 Dictionary\nThe dictionary at the end of this regulation is part of this regulation.\nNote 1 The dictionary at the end of this regulation defines certain terms used in\nthis regulation, and includes references (signpost definitions) to other\nterms defined elsewhere in this regulation.\nFor example, the signpost definition ‘general packaging, for part 6.3\n(Offences—general packaging)—see section 57.’ means that the term\n‘general packaging’ is defined in that section for part 6.3.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire regulation unless the definition, or another provision of the\nregulation, provides otherwise or the contrary intention otherwise appears\n(see Legislation Act, s 155 and s 156 (1)).\n","sortOrder":0},{"sectionNumber":"4","sectionType":"section","heading":"Notes","content":"4 Notes\nA note included in this regulation is explanatory and is not part of this\nregulation.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n\n","sortOrder":1},{"sectionNumber":"5","sectionType":"section","heading":"Offences against regulation—application of Criminal","content":"5 Offences against regulation—application of Criminal\nCode etc\nOther legislation applies in relation to offences against this\nregulation.\nNote 1 Criminal Code\nThe Criminal Code, ch 2 applies to all offences against this regulation\n(see Code, pt 2.1).\nThe chapter sets out the general principles of criminal responsibility\n(including burdens of proof and general defences), and defines terms used\nfor offences to which the code applies (eg conduct, intention,\nrecklessness and strict liability).\nNote 2 Penalty units\nThe Legislation Act, s 133 deals with the meaning of offence penalties\nthat are expressed in penalty units.\n","sortOrder":2},{"sectionNumber":"6","sectionType":"section","heading":"Objects of regulation","content":"6 Objects of regulation\nThe main objects of this regulation are as follows:\n(a) to set out the obligations of people involved in the transport of\ndangerous goods by road;\n(b) to reduce as far as practicable the risks of personal injury, death,\nproperty damage and environmental harm arising from the\ntransport of dangerous goods by road;\n(c) to give effect to the standards, requirements and procedures of\nthe ADG code so far as they apply to the transport of dangerous\ngoods by road;\n(d) to promote consistency between the standards, requirements and\nprocedures applying to the transport of dangerous goods by road\nand other modes of transport.\n\n","sortOrder":3},{"sectionNumber":"7","sectionType":"section","heading":"Application of regulation—exemptions","content":"7 Application of regulation—exemptions\n(1) This regulation does not apply to the transport of dangerous goods by,\nor at the direction of, an authorised person or a member of an\nemergency service, to the extent necessary to avoid, eliminate or\nminimise a dangerous situation.\n(2) This regulation does not apply to the transport by a person of a load\nof dangerous goods if—\n(a) the load does not contain—\n(b) the goods are not, and do not include, designated dangerous\n(c) the aggregate quantity of the dangerous goods in the load is less\nthan 25% of a placard load; and\n(d) the goods are not being transported by the person in the course\nof a business of transporting goods by road.\n(3) This regulation does not apply to the transport by a vehicle of UN\nclass 1 (explosives) or UN class 7 (radioactive) dangerous goods\nexcept when being transported with other dangerous goods.\n(4) This regulation does not apply to the transport by a vehicle of\ndangerous goods—\n(a) if—\n(i) the goods are not of UN division 6.2 (infectious\nsubstances); and\n(ii) the goods are assigned to a class or division stated in the\nADG code, table 1.1.1.2; and\n(iii) the goods are in a consignment; and\n\n(iv) the aggregate quantity of the goods in the consignment is\nnot more than the quantity stated in the ADG code,\ntable 1.1.1.2 for the goods; or\n(b) in the vehicle’s fuel tank; or\n(c) in an appliance or plant that forms part of the vehicle and that is\nnecessary for its operation; or\n(d) that are portable firefighting equipment or other portable safety\nequipment and that are part of the vehicle’s safety equipment.\n(5) This regulation does not apply to the transport of dangerous goods by\na mobile processing unit.\ndesignated dangerous goods means dangerous goods of the\nfollowing:\n(a) UN class 1 (explosives), except dangerous goods of UN division\n1.4S;\n(b) category A of UN division 6.2 (infectious substances);\n(c) UN class 7 (radioactive material).\nmobile processing unit means a vehicle or moveable piece of\nequipment (other than a trailer) designed to transport the constituents\nof a bulk ammonium nitrate-based explosive to the place where the\nexplosive is manufactured and used.\n\n","sortOrder":4},{"sectionNumber":"8","sectionType":"section","heading":"Special provisions for tools of trade and dangerous","content":"8 Special provisions for tools of trade and dangerous\ngoods for private use\n(1) This section applies to a load if—\n(a) the load includes—\n(i) an aggregate quantity of dangerous goods of less than 500\nthat does not include any dangerous goods of UN\ndivision 2.1 (that are not aerosols) or UN division 2.3 or\npacking group I; or\n(ii) an aggregate quantity of dangerous goods of less than 250\nthat does include dangerous goods of UN division 2.1 (that\nare not aerosols) or UN division 2.3 or packing group I,\nprovided that dangerous goods of UN division 2.3 and\npacking group I together constitute less than 100 of that\naggregate quantity; and\n(b) the goods are not being transported in the course of a business\nof transporting goods; but\n(c) the goods are being transported—\n(i) by a person who intends to use them; or\n(ii) so that they can be used for a commercial purpose.\n(2) A person transporting the load is exempt from all obligations imposed\nby this regulation other than those imposed by this section.\n(3) A person must not transport the load unless each package in the\nload—\n(a) complies with the packaging requirements appropriate to the\nquantity of dangerous goods under chapter 5; and\n(b) is labelled and marked in accordance with division 7.1; and\n\n(c) is loaded, secured, segregated, unloaded and otherwise\ntransported in such a way as to ensure that—\n(i) its packaging remains fit for its purpose; and\n(ii) the risks are eliminated, or if it is not practicable to\neliminate the risks, that the risks are minimised to the\nmaximum extent that is practicable.\n(4) If the load contains an aggregate quantity of dangerous goods of UN\nclass 3, 4, 5 or 6 of more than 250, a person must not transport the\nload—\n(a) in the passenger compartment of a vehicle; or\n(b) in an enclosed space that is not separated from the passenger\ncompartment of a vehicle.\n(5) If the load contains an aggregate quantity of dangerous goods of UN\ndivision 2.1, UN division 2.3 or packing group I of more than 50, a\nperson must not transport the load—\n(a) in the passenger compartment of a vehicle; or\n(b) in any other enclosed space in the vehicle.\n(6) A person commits an offence if the person fails to comply with\nsubsection (3), (4) or (5).\n\n","sortOrder":5},{"sectionNumber":"9","sectionType":"section","heading":"Dangerous goods—Act, dict","content":"9 Dangerous goods—Act, dict\n(1) Goods are dangerous goods if the goods—\n(a) are determined under section 29 (1) (a) (Determinations—\ndangerous goods and packaging) to be dangerous goods; or\n(b) satisfy the dangerous goods classification criteria mentioned in\nthe ADG code, part 2.\n(2) However, goods that satisfy the criteria mentioned in the ADG code,\npart 2 are not dangerous goods if—\n(a) the goods are determined under section 29 (1) (a) not to be\ndangerous goods; or\n(b) both of the following apply:\n(i) a special provision states that the goods are not subject to\nthe ADG code;\n(ii) any condition mentioned in the special provision is met.\nspecial provision, in relation to dangerous goods, means an SP (as\ndefined in the ADG code, section 1.2.1) that is applied to the goods\nby the dangerous goods list, column 6.\n\nKey concepts Division 1.2.1\n","sortOrder":6},{"sectionNumber":"10","sectionType":"section","heading":"Goods too dangerous to be transported—Act, dict","content":"10 Goods too dangerous to be transported—Act, dict\nThe following are goods too dangerous to be transported:\n(a) goods mentioned in the ADG code, appendix A;\n(b) goods determined under section 29 (2) (a) (Determinations—\ndangerous goods and packaging) to be too dangerous to be\ntransported;\n(c) goods (other than goods mentioned in paragraph (a) or (b)) that\nare so sensitive or unstable that they cannot be safely transported\neven if the relevant requirements of this regulation and the ADG\ncode are complied with.\nNote A person must not consign for transport goods that this regulation\nidentifies as being too dangerous to be transported (see Act, s 30).\n","sortOrder":7},{"sectionNumber":"11","sectionType":"section","heading":"UN classes, divisions and categories of dangerous goods","content":"11 UN classes, divisions and categories of dangerous goods\nFor this regulation, a UN class, UN division or UN category of\ndangerous goods is—\n(a) if a determination under section 29 (1) (b) (Determinations—\ndangerous goods and packaging) that the goods are of a stated\nUN class, division or category is in effect—the stated class,\ndivision or category; or\n(b) if there is no determination under section 29 (1) (b) in effect in\nrelation to the goods—the class, division or category determined\nfor the goods in accordance with the ADG code.\nNote 1 Under the UN classification system there are 9 classes of dangerous\ngoods. Some classes are further divided into divisions, and some\ndivisions are divided into categories.\nUN division 6.2 infectious substances are divided into—\n(a) category A (substances transported in a form that, if exposure\noccurs, can cause permanent disability or life-threatening or fatal\ndisease to humans or animals); and\n\n(b) category B (others).\nNote 2 Under the ADG code, if dangerous goods are mentioned in the dangerous\ngoods list, their UN class or division is that mentioned in the list, col 2\nopposite the name and description of those goods, unless the code, ch 3.3\nprovides for those goods to be assigned to a different class or division. If\napplicable, the code, ch 2 describes how the UN category of dangerous\ngoods is to be determined. The category may be changed under the code,\nch 3.3.\n","sortOrder":8},{"sectionNumber":"12","sectionType":"section","heading":"Subsidiary hazard","content":"12 Subsidiary hazard\nFor this regulation, the subsidiary hazard, of dangerous goods is—\n(a) if a determination under section 29 (1) (c) that the goods have a\nstated subsidiary hazard is in effect—the stated subsidiary\nhazard; or\n(b) if there is no determination under section 29 (1) (c) in effect in\nrelation to the goods—the subsidiary hazard determined for the\ngoods in accordance with the ADG code.\nNote Dangerous goods that are able to be assigned to more than 1 UN class or\ndivision are assigned a subsidiary hazard. This subsidiary hazard is any\nother UN class or division to which the goods also belong. Under the\nADG code, if dangerous goods are mentioned in the dangerous goods list,\ntheir subsidiary hazard is mentioned in the list, col 4 opposite the name\nand description of those goods, unless the code, ch 3.3 provides for those\ngoods to be assigned a different subsidiary hazard.\n","sortOrder":9},{"sectionNumber":"13","sectionType":"section","heading":"Packing group","content":"13 Packing group\nFor this regulation, the packing group, of dangerous goods is—\n(a) if a determination under section 29 (1) (d) (Determinations—\ndangerous goods and packaging) that the goods are of a stated\npacking group is in effect—the stated packing group; or\n\nKey concepts Division 1.2.1\n(b) if there is no determination under section 29 (1) (d) in effect in\nrelation to the goods—the packing group determined for the\ngoods in accordance with the ADG code.\nNote The assignment of dangerous goods to a packing group indicates the\ndegree of danger of, and the level of containment required for, the goods.\nThe packing groups, and the degree of danger they indicate, are as\nfollows:\n• packing group I (substances presenting high danger);\n• packing group II (substances presenting medium danger);\n• packing group III (substances presenting low danger).\nThe packing group of a substance can be determined from the dangerous\ngoods list, although in some cases it is also necessary to refer to the ADG\ncode, ch 3.3 (the list identifies those cases).\n","sortOrder":10},{"sectionNumber":"14","sectionType":"section","heading":"Incompatibility","content":"14 Incompatibility\n(1) For this regulation, dangerous or other goods are incompatible with\ndangerous goods if—\n(a) the goods are incompatible under the ADG code, chapter 9.1; or\n(b) the goods are determined under section 29 (1) (e)\n(Determinations—dangerous goods and packaging) to be\nincompatible with the dangerous goods; or\n(c) when the goods are mixed, or otherwise brought into contact,\nwith the dangerous goods, the goods are likely to interact with\nthe dangerous goods and increase risk because of the interaction.\n(2) Packaging or equipment for use in the transport of dangerous goods\nis incompatible with the goods if any component of the packaging or\nequipment that is intended or likely to come into contact with the\ngoods during transport—\n(a) is likely to interact with the goods and increase risk because of\nthe interaction; and\n(b) is not protected from contact under foreseeable circumstances\nby a protective coating or other effective means.\n\n","sortOrder":11},{"sectionNumber":"15","sectionType":"section","heading":"Meaning of packaging—Act, s 11","content":"15 Meaning of packaging—Act, s 11\nFor the Act, packaging includes any of the following:\n(a) a bag;\n(b) a box;\n(c) an IBC;\n(d) a bulk container;\n(e) a drum barrel;\n(f) a freight container;\n(g) inner packaging;\n(h) intermediate packaging;\n(i) a jerry can;\n(j) large packaging;\n(k) an MEGC;\n(l) outer packaging;\n(m) an overpack;\n(n) a tank (including the tank of a tank vehicle);\n(o) any other thing that contains, or performs a safety function in\nrelation to the transport of, dangerous goods.\n","sortOrder":12},{"sectionNumber":"16","sectionType":"section","heading":"Meaning of bulk container","content":"16 Meaning of bulk container\nFor this regulation, a bulk container—\n(a) means a containment system for the transport of solid dangerous\ngoods that—\n(i) is designed to be in direct contact with the goods; and\n\nOther important concepts Division 1.2.2\n(ii) is suitable for repeated use; and\n(iii) is designed to facilitate the transport of the goods by 1 or\nmore kinds of transport, without the need for the goods to\nbe unloaded and reloaded when transferred from 1 mode of\ntransport to another; and\n(iv) is fitted with a device for ready handling; and\n(v) has a capacity of 1m3 or more; and\n(b) includes—\n(i) any liner or coating of the system; and\n(ii) a freight container; but\n(c) does not include—\n(i) an IBC; or\n(ii) large packaging; or\n(iii) a portable tank.\nExamples\n• offshore bulk containers\n• skips\n• bulk bins\n• swap bodies\n• trough-shaped containers\n• roller containers\n• load compartments of vehicles\n• flexible containers\n\n","sortOrder":13},{"sectionNumber":"17","sectionType":"section","heading":"Meaning of intermediate bulk container (or IBC)","content":"17 Meaning of intermediate bulk container (or IBC)\n(1) For this regulation, intermediate bulk container (or IBC) means a\nrigid or flexible portable packaging for the transport of dangerous\ngoods that complies with the specifications in the ADG code,\nchapter 6.5 and that—\n(a) has a capacity of not more than—\n(i) for solids of packing group I packed in a composite,\nfibreboard, flexible, wooden, or rigid plastics container—\n1 500L; and\n(ii) for solids of packing group I packed in a metal container—\n3 000L; and\n(iii) for solids or liquids of packing groups II and III—3 000L;\nand\n(iv) for any other dangerous goods—3 000L; and\n(b) is designed for mechanical handling.\n(2) However, rigid or flexible portable packaging that complies with the\nADG code, chapter 6.1, chapter 6.3 or chapter 6.6 is not an IBC.\n","sortOrder":14},{"sectionNumber":"18","sectionType":"section","heading":"Meaning of multiple-element gas container (or MEGC)","content":"18 Meaning of multiple-element gas container (or MEGC)\nFor this regulation, multiple-element gas container (or MEGC)\nmeans—\n(a) multimodal assemblies of cylinders, tubes and bundles of\ncylinders that are interconnected by a manifold and assembled\nwithin a framework; and\n(b) service or structural equipment necessary for the transport of\ngases in the cylinders and tubes.\n\nOther important concepts Division 1.2.2\n","sortOrder":15},{"sectionNumber":"19","sectionType":"section","heading":"Meaning of dangerous goods packed in limited quantities","content":"19 Meaning of dangerous goods packed in limited quantities\nFor this regulation, dangerous goods are packed in limited quantities\nif—\n(a) the goods are packed in accordance with the ADG code, chapter\n3.4; and\n(b) the quantity of dangerous goods in each inner packaging or in\neach article does not exceed the quantity mentioned in the\ndangerous goods list, column 7a for the goods.\n","sortOrder":16},{"sectionNumber":"19A","sectionType":"section","heading":"Meaning of packed in excepted quantities","content":"19A Meaning of packed in excepted quantities\nFor this regulation, dangerous goods are packed in excepted\nquantities if—\n(a) the goods are assigned to code E1, E2, E3, E4 or E5 in the\ndangerous goods list, column 7b; and\n(b) the goods are packed in accordance with the ADG code,\nchapter 3.5; and\n(c) the quantity of the packed goods is not more than the quantity\nstated in the ADG code, section 3.5.1.2 for the code to which the\ngoods are assigned.\n","sortOrder":17},{"sectionNumber":"20","sectionType":"section","heading":"Meaning of tank","content":"20 Meaning of tank\n(1) For this regulation, a tank means—\n(a) a portable tank; or\n(b) a tank vehicle; or\n(c) a receptacle used to contain a solid, liquid or gas.\n(2) However, a thing mentioned in subsection (1) is not a tank if the\nthing—\n(a) is used to transport a gas; and\n\n","sortOrder":18},{"sectionNumber":"Div 1","sectionType":"division","heading":"2.3 Certain references and inconsistency between regulation and codes etc","content":"Division 1.2.3 Certain references and inconsistency between regulation and codes etc\n(b) has a capacity of less than 450L.\ngas means a substance that—\n(a) has a vapour pressure of more than 300kPa at 50°C; or\n(b) is completely gaseous at a standard pressure of 101.3kPa at\n20°C.\n","sortOrder":19},{"sectionNumber":"21","sectionType":"section","heading":"References to loads","content":"21 References to loads\nFor this regulation, all the goods in a vehicle are a single load, even\nif the vehicle is transporting more than 1 transport unit.\nDivision 1.2.3 Certain references and inconsistency\nbetween regulation and codes etc\n","sortOrder":20},{"sectionNumber":"22","sectionType":"section","heading":"References to codes, standards and rules","content":"22 References to codes, standards and rules\n(1) In this regulation, a reference to an instrument includes a reference to\nanother instrument as applied or adopted by, or incorporated in, the\nfirst instrument.\n(2) In this section:\ninstrument means a code, standard or rule (whether made in or\noutside Australia) relating to dangerous goods or to transport by road.\n","sortOrder":21},{"sectionNumber":"23","sectionType":"section","heading":"Disapplication of Legislation Act, s 47 (5)","content":"23 Disapplication of Legislation Act, s 47 (5)\nThe Legislation Act, section 47 (5) does not apply to the following\ninstruments:\n(a) the ADG code;\n(b) the AFG guidelines;\n(c) the ANZ-ERG;\n(d) the ICAO technical instructions;\n\nCertain references and inconsistency between regulation and codes etc Division 1.2.3\n(e) the IMDG code.\nNote An instrument mentioned in this provision does not need to be notified\nunder the Legislation Act because s 47 (5) does not apply to the\ninstrument (see Legislation Act, s 47 (7)).\n","sortOrder":22},{"sectionNumber":"24","sectionType":"section","heading":"Inconsistency between this regulation and codes etc","content":"24 Inconsistency between this regulation and codes etc\n(1) If all or part of a code, standard or rule (whether made in or outside\nAustralia) relating to dangerous goods or to transport by road is\napplied or adopted by, or is incorporated in, this regulation and the\ncode, standard or rule is inconsistent with this regulation, this\nregulation prevails to the extent of the inconsistency.\n(2) However, if any provision that is applied, adopted by or incorporated\nin this regulation uses a term that is defined in both the relevant code,\nstandard or rule, and in this regulation, the term is to have the meaning\nset out in the code, standard or rule, unless the contrary intention\nappears.\n","sortOrder":23},{"sectionNumber":"25","sectionType":"section","heading":"References to determinations, exemptions, approvals and","content":"25 References to determinations, exemptions, approvals and\nIn this regulation, a reference to—\n(a) a determination, exemption, approval, dangerous goods driver\nlicence or dangerous goods vehicle licence; or\n(b) a corresponding determination, exemption, approval, dangerous\ngoods driver licence or dangerous goods vehicle licence;\nincludes a reference to the determination, exemption, approval or\nlicence as varied.\n","sortOrder":24},{"sectionNumber":"26","sectionType":"section","heading":"References to variation of determinations etc","content":"26 References to variation of determinations etc\nIn this regulation, a reference to the variation of—\n(a) a determination, exemption, approval, dangerous goods driver\nlicence or dangerous goods vehicle licence; or\n\nDivision 1.2.3 Certain references and inconsistency between regulation and codes etc\n(b) a corresponding determination, exemption, approval, dangerous\ngoods driver licence or dangerous goods vehicle licence;\nincludes a reference to a variation by addition, omission or\nsubstitution.\nthe addition of a new condition to an existing administrative determination\n\nTraining and competency Chapter 2\n","sortOrder":25},{"sectionNumber":"27","sectionType":"section","heading":"Offence—instruction and training","content":"27 Offence—instruction and training\n(1) This section applies to a person who is responsible for the\nmanagement or control of a transport of dangerous goods activity.\n(2) The person commits an offence if the person—\n(a) manages, controls or supervises the activity; and\n(b) has not received instruction and training to enable the person to\nmanage, control or supervise another person to perform the\nactivity safely and in accordance with this regulation.\n(3) The person commits an offence if—\n(a) the person employs, engages or permits someone else to perform\nthe activity; and\n(b) the other person—\n(i) has not received, or is not receiving, appropriate instruction\nand training to ensure that they are able to perform the\nactivity safely and in accordance with this regulation; or\n(ii) is not appropriately supervised in performing the activity\nto ensure that they are able to perform the activity safely\nand in accordance with this regulation.\n(4) In this section:\ntransport of dangerous goods activity means an activity involved in\nthe transport of dangerous goods and includes any of the following\ndone in relation to the transport of dangerous goods:\n(a) packing;\n\n(b) consigning;\n(c) loading;\n(d) unloading;\n(e) handling a fumigated cargo transport unit;\n(f) marking packages;\n(g) placarding placard loads;\n(h) preparing transport documentation;\n(i) maintaining vehicles and equipment;\n(j) driving a vehicle;\n(k) being a consignee;\n(l) following the procedures under this regulation in a dangerous\nsituation.\n","sortOrder":26},{"sectionNumber":"28","sectionType":"section","heading":"Approvals—tests and training courses for drivers","content":"28 Approvals—tests and training courses for drivers\nsection 175, approve—\n(a) a test of competence for drivers of road vehicles transporting\ndangerous goods; or\n(b) a training course for drivers of road vehicles transporting\n(2) However, the competent authority may approve a test of competence\nor training course only if the authority considers that a person who\npasses the test, or completes the course, will have the skills and\nknowledge to perform the activity to which the test or course relates\nsafely and in accordance with this regulation.\n\n","sortOrder":27},{"sectionNumber":"29","sectionType":"section","heading":"Determinations—dangerous goods and packaging","content":"29 Determinations—dangerous goods and packaging\n(1) The competent authority may determine that goods are or are not—\n(a) dangerous goods; or\n(b) dangerous goods of a particular UN class, UN division or UN\ncategory; or\n(c) dangerous goods with a particular subsidiary hazard; or\n(d) dangerous goods of a particular packing group; or\n(e) incompatible with particular dangerous goods.\n(2) The competent authority may determine that—\n(a) particular dangerous goods are or are not too dangerous to be\ntransported; or\nNote Goods determined to be goods too dangerous to be transported for\npar (a) are goods too dangerous to be transported for the Act (see\nAct, dict, def goods too dangerous to be transported, par (b)).\n(b) particular dangerous goods must not be or may be transported in\nor on the same transport unit or freight container as other goods,\nwhether or not dangerous goods; or\n(c) particular dangerous goods may or may not be transported in any\npackaging despite any prohibition or authorisation in the\ndangerous goods list.\n(3) A determination is a notifiable instrument.\n(4) Subsection (3) does not apply to an administrative determination.\n\n","sortOrder":28},{"sectionNumber":"30","sectionType":"section","heading":"Determinations—vehicles, routes, areas and times","content":"30 Determinations—vehicles, routes, areas and times\n(1) The competent authority may determine that dangerous goods may\nbe or must or must not be transported—\n(a) using a stated vehicle, or kind of vehicle; or\n(b) on a stated route; or\n(c) in or through a stated area; or\n(d) at a stated time; or\n(e) in quantities in excess of a stated amount; or\n(f) in stated packaging.\n(2) A determination is a notifiable instrument.\n(3) Subsection (2) does not apply to an administrative determination.\n","sortOrder":29},{"sectionNumber":"31","sectionType":"section","heading":"Administrative determinations","content":"31 Administrative determinations\n(1) For this regulation, a determination is an administrative\ndetermination if the determination—\n(a) is made on the application of a person; and\n(b) applies only to the person, or a person stated in the\ndetermination.\n(2) Also, a determination is an administrative determination if the\ndetermination—\n(a) is made on the initiative of the competent authority; and\n(b) applies to a person stated in the determination; and\n(c) does not impose any obligation on a person.\n(3) For subsection (2) (c), an administrative determination does not\nimpose an obligation on a person only because the person must\ncomply with a condition in taking an action under the determination.\n\n(4) The competent authority may amend a determination under\nsubsection (2) on their own initiative.\nNote For provisions dealing with administrative determinations, including\napplications, cancellation and variation, see ch 19.\n","sortOrder":30},{"sectionNumber":"32","sectionType":"section","heading":"Determination may be subject to conditions","content":"32 Determination may be subject to conditions\nThe competent authority may make a determination subject to any\ncondition necessary for the safe transport of dangerous goods.\n","sortOrder":31},{"sectionNumber":"33","sectionType":"section","heading":"Offence—contravention of determination condition","content":"33 Offence—contravention of determination condition\n(a) a determination applies to the person; and\n(b) the person contravenes a condition of the determination.\n","sortOrder":32},{"sectionNumber":"34","sectionType":"section","heading":"Effect of determinations on contrary obligations under","content":"34 Effect of determinations on contrary obligations under\nregulation\n(a) this regulation imposes an obligation on a person; and\n(b) the person is authorised or permitted to act contrary to the\nobligation by a determination made under this chapter.\n(2) The obligation is to be read as if it stated that the person could fulfil\nthe obligation by acting in accordance with the determination.\n","sortOrder":33},{"sectionNumber":"35","sectionType":"section","heading":"Register of determinations","content":"35 Register of determinations\n(1) The competent authority must—\n(a) keep a register of determinations; or\n\n(b) with other competent authorities, keep a central register of\ndeterminations.\ndeterminations.\n(a) each determination made under this regulation that is not an\nadministrative determination; and\n(b) each corresponding determination.\n(4) The competent authority must include in the register—\n(a) the revocation of a determination made under this regulation;\nand\ndetermination should have effect in all participating\njurisdictions or participating jurisdictions including the ACT.\n","sortOrder":34},{"sectionNumber":"36","sectionType":"section","heading":"Records of determinations","content":"36 Records of determinations\nThe record of a determination in the register must include—\n(a) the provisions of the determination; or\n(i) the date the determination is notified;\n(ii) the provisions of this regulation, and of the ADG code, to\nwhich the determination relates;\n(iii) the dangerous goods, equipment, packaging, vehicle or\nother thing to which the determination relates.\nNote A reference to the notification of a legislative instrument is a\nreference to the instrument having been notified in the ACT\nlegislation register or gazette (see Legislation Act, s 63).\n\n","sortOrder":35},{"sectionNumber":"37","sectionType":"section","heading":"Offences—doing of thing prohibited or regulated by","content":"37 Offences—doing of thing prohibited or regulated by\ndetermination\n(a) a determination under this chapter prohibits the doing of a thing;\nand\n(b) the determination applies to the person; and\n(c) the person does the thing.\n(a) a determination under this chapter regulates the doing of a thing;\nand\n(b) the determination applies to the person; and\n(c) the person does the thing contrary to the determination.\nthe person did not know, and could not reasonably have been\nexpected to know, about the determination, or that the determination\napplied to the person.\ns (3) (see Criminal Code, s 59).\n\n","sortOrder":36},{"sectionNumber":"Part 4","sectionType":"part","heading":"Transport of dangerous goods to which special provisions apply","content":"Chapter 4 Transport of dangerous goods to which special provisions apply\nChapter 4 Transport of dangerous goods\nto which special provisions\napply\n","sortOrder":37},{"sectionNumber":"38","sectionType":"section","heading":"Application—ch 4","content":"38 Application—ch 4\nThis chapter applies if—\n(a) a special provision applies to dangerous goods in the dangerous\ngoods list; and\n(b) the special provision prohibits the transport of the goods by road\nor imposes a restriction on the way the goods are to be\ntransported by road.\nNote The dangerous goods list, col 6 specifies whether a special provision\napplies to dangerous goods, and the code, pt 3.3 lists the special\nprovisions that apply.\n","sortOrder":38},{"sectionNumber":"39","sectionType":"section","heading":"Offence—consignor—special provision applies","content":"39 Offence—consignor—special provision applies\n(a) the person consigns dangerous goods for transport; and\nand\n\nTransport of dangerous goods to which special provisions apply Chapter 4\n","sortOrder":39},{"sectionNumber":"40","sectionType":"section","heading":"Offence—packer—special provision applies","content":"40 Offence—packer—special provision applies\n(a) the person packs dangerous goods for transport; and\nand\n","sortOrder":40},{"sectionNumber":"41","sectionType":"section","heading":"Offence—loader—special provision applies","content":"41 Offence—loader—special provision applies\n(i) a special provision applies to the transport of the goods;\nand\n","sortOrder":41},{"sectionNumber":"42","sectionType":"section","heading":"Offence—prime contractor—special provision applies","content":"42 Offence—prime contractor—special provision applies\n(a) the contractor transports dangerous goods; and\n\nChapter 4 Transport of dangerous goods to which special provisions apply\n(c) the contractor knows, or ought reasonably to know, that—\nand\n","sortOrder":42},{"sectionNumber":"43","sectionType":"section","heading":"Offence—driver—special provision applies","content":"43 Offence—driver—special provision applies\n(a) the person drives a road vehicle transporting dangerous goods;\nand\nand\n\nPackaging—general Part 5.1\n","sortOrder":43},{"sectionNumber":"Part 5","sectionType":"part","heading":"1 Packaging—general","content":"Part 5.1 Packaging—general\n","sortOrder":44},{"sectionNumber":"44","sectionType":"section","heading":"Packing of dangerous goods in limited or excepted","content":"44 Packing of dangerous goods in limited or excepted\nquantities\nDangerous goods packed in limited or excepted quantities do not need\nto be packed as required by this chapter.\n","sortOrder":45},{"sectionNumber":"45","sectionType":"section","heading":"References to ADG code, pt 4 include dangerous goods","content":"45 References to ADG code, pt 4 include dangerous goods\nlist requirements\nIn this chapter, a reference to dangerous goods being packed in\naccordance with any relevant provision of the ADG code, part 4\nincludes a reference to the goods being packed in accordance with\nany packing requirement stated in relation to the goods in the\ndangerous goods list.\n\nPart 5.2 Suitability and design of\n","sortOrder":46},{"sectionNumber":"46","sectionType":"section","heading":"Meaning of recognised testing facility—pt 5.2","content":"46 Meaning of recognised testing facility—pt 5.2\nFor this part, each of the following is a recognised testing facility for\na packaging design type:\n(a) a testing facility registered by NATA to conduct performance\ntests under the ADG code, part 6 for the packaging design type;\n(b) if NATA has not registered a testing facility to conduct\nperformance tests of that kind—a testing facility in Australia\ncapable of conducting the tests;\n(c) a facility in a foreign country approved by a public authority of\nthe country to conduct performance tests of that kind.\n","sortOrder":47},{"sectionNumber":"47","sectionType":"section","heading":"Suitability of packaging for transport","content":"47 Suitability of packaging for transport\n(1) Packaging is unsuitable for the transport of dangerous goods if—\n(a) it is required to undergo performance tests under the ADG code,\npart 6 and it is not approved packaging; or\n(b) it does not meet any relevant standards or requirements stated in\nthe ADG code, part 4 or part 6 (including requirements with\nrespect to inspection, maintenance and repair); or\n(c) its use, or reuse, for the transport of the goods does not comply\nwith the ADG code, part 4 or part 6; or\n(d) its use for the transport of the goods is prohibited by a\ndetermination made under chapter 3 (Determinations); or\n(e) it is incompatible with the goods; or\n(f) it is damaged or defective to the extent that it is not safe to use\nto transport the goods; or\n\n(g) for goods purportedly packed in limited quantities—the\npackaging of the goods does not comply with the ADG code,\nchapter 3.4; or\n(h) for goods purportedly packed in excepted quantities—the\npackaging of the goods does not comply with the ADG code,\nchapter 3.5.\n(2) A freight container is also unsuitable for use as a bulk container for\nthe transport of dangerous goods if it does not have affixed to it a\nSafety Approval Plate as required under the International Convention\nfor Safe Containers 1972.\n","sortOrder":48},{"sectionNumber":"48","sectionType":"section","heading":"Offences—marking packaging","content":"48 Offences—marking packaging\n(a) the person applies marking mentioned in the ADG code, part 6\non packaging; and\n(b) the packaging is not of a design approved under section 50\n(Approvals—packaging designs).\n(a) the person applies marking mentioned in the ADG code, part 6\non packaging; and\n(b) the marking is not appropriate for the packaging.\n\n","sortOrder":49},{"sectionNumber":"49","sectionType":"section","heading":"Applications for approval of packaging design","content":"49 Applications for approval of packaging design\n(1) This section applies to packaging that is required to undergo tests\nunder the ADG code, part 6 (relevant packaging).\n(2) A person may apply to the competent authority for the approval of a\ndesign of relevant packaging for use in the transport of dangerous\nExamples\nPortable tanks, MEGCs, tanks on tank vehicles, pressure receptacles, aerosol\ndispensers, IBCs, bulk containers and drums, barrels, jerry cans, boxes, bags and\ncomposite packaging are some of the kinds of packaging required to undergo tests\nunder the ADG code, pt 6. Performance tests include drop, leakproofness, hydraulic\nand stacking tests.\n(3) An application for approval must—\n(a) be made in accordance with section 175; and\n(b) include the information required under the ADG code, part 6.\n","sortOrder":50},{"sectionNumber":"50","sectionType":"section","heading":"Approvals—packaging designs","content":"50 Approvals—packaging designs\nsection 49, approve a design for a packaging for use in the transport\nof dangerous goods if it is satisfied that a packaging of the design—\n(a) will comply with, or is permitted by, the ADG code, part 6; and\n(b) satisfies all the relevant testing and inspection requirements set\nout in the part.\n(2) In deciding whether packaging of a particular design satisfies any\nparticular testing requirement, the competent authority may rely on\nany test certificate issued by a recognised testing facility that\ncomplies with section 52 (Test certificates).\n(3) The competent authority may put a condition on the approval about\nthe construction, packing, maintenance or use of a packaging\nmanufactured in accordance with the approved design.\n\n(4) However, the condition must be necessary for the safe use of the\npackaging to transport dangerous goods.\n","sortOrder":51},{"sectionNumber":"51","sectionType":"section","heading":"Offence—contravention of condition about approval of","content":"51 Offence—contravention of condition about approval of\npackaging design\n(a) the person—\n(i) constructs, packs or fails to maintain packaging for use in\nthe transport of dangerous goods; or\n(ii) uses packaging to transport dangerous goods; and\n(b) the approval of the design for the packaging has a condition\nabout the construction, packing, maintenance or use of the\n(i) the approval of the design for the packaging has the\ncondition; and\n(ii) the construction, packing, failure to maintain or use\ncontravenes the condition.\n","sortOrder":52},{"sectionNumber":"52","sectionType":"section","heading":"Test certificates","content":"52 Test certificates\n(1) A recognised testing facility may certify in writing that a packaging\ndesign type has passed particular performance tests for particular\n(2) If a performance test is conducted by a testing facility registered by\nNATA, any test certificate or report on the test, must—\n(a) contain any details required under the relevant chapter of the\nADG code, part 6; and\n\n(b) be in the appropriate form used by NATA registered testing\nfacilities.\n(3) If a performance test is conducted in Australia by a recognised testing\nfacility that is not registered by NATA—\n(a) the test must be observed by or for the competent authority; and\n(b) any test certificate, or report on the test, must contain any details\nrequired under the relevant chapter of the ADG code, part 6.\n","sortOrder":53},{"sectionNumber":"53","sectionType":"section","heading":"Approvals—overpack preparation method","content":"53 Approvals—overpack preparation method\nsection 175, approve a method of preparing an overpack for transport\nthat does not comply with the ADG code, section 5.1.2 if the authority\nconsiders that the risk involved in using the method is not greater than\nthe risk involved in using a method complying with the section.\n(2) The competent authority may give an approval subject to any\ncondition about the use of the overpack necessary for the safe use of\nthe overpack to transport dangerous goods.\n","sortOrder":54},{"sectionNumber":"54","sectionType":"section","heading":"Offence—contravention of condition about overpack’s","content":"54 Offence—contravention of condition about overpack’s\nuse\n(a) the person uses an overpack to transport dangerous goods; and\n(b) a method of preparing the overpack for transport is approved\nunder section 53; and\n(c) the approval is subject to a condition about the overpack’s use;\nand\n(i) the approval is subject to the condition; and\n\n(ii) the use contravenes the condition.\n","sortOrder":55},{"sectionNumber":"55","sectionType":"section","heading":"Authorised body may issue approvals","content":"55 Authorised body may issue approvals\n(1) The competent authority may authorise an entity to issue an approval\nunder section 50 (Approvals—packaging designs) or section 53\n(Approvals—overpack preparation method).\n(2) The competent authority may impose any condition on the\nauthorisation it considers appropriate in relation to the issuing of\napprovals by the entity.\n(3) In issuing an approval, in addition to complying with any condition\nimposed under subsection (2), the entity must also—\n(a) comply with any relevant requirements of the ADG code, part 6\nin relation to the issuing of the approval; and\n(b) give the competent authority, in relation to the approval, all of\nthe information mentioned in section 184.\n(4) If an entity is authorised to issue approvals under this section—\n(a) section 49 (Applications for approval of packaging design),\nsection 50 (Approvals—packaging designs) and section 53\n(Approvals—overpack preparation method) apply as if a\nreference in those sections to the competent authority were a\nreference to the entity; and\n(b) part 19.1 and part 19.4, to the extent that they deal with\napprovals, apply as if a reference in those divisions to the\ncompetent authority were a reference to the entity; and\n(c) a reference in this regulation to an approval under section 50 or\nsection 53 includes a reference to an approval given by the entity\nunder either of those sections as applied under paragraph (a).\n(5) The competent authority may withdraw an authorisation given under\nthis section at any time.\n\n(6) The withdrawal of an authorisation does not affect any approval\nissued by the entity before the withdrawal took effect.\n\nGoods suspected of being dangerous goods Part 6.1\n","sortOrder":56},{"sectionNumber":"Part 6","sectionType":"part","heading":"1 Goods suspected of being","content":"Part 6.1 Goods suspected of being\n","sortOrder":57},{"sectionNumber":"56","sectionType":"section","heading":"Offence—goods suspected of being dangerous goods","content":"56 Offence—goods suspected of being dangerous goods\n(a) it is not clear whether the goods are dangerous goods; and\n(b) the person suspects, or ought reasonably to suspect, that the\ngoods are dangerous goods; and\n(c) the person consigns or transports the goods before—\n(i) the goods have been classified in accordance with the ADG\ncode; or\n(ii) a determination has been made under section 29 (1) (a)\n(Determinations—dangerous goods and packaging) in\nrelation to the goods.\nPart 6.2 Prohibition on the sale or supply\nof non-compliant packaging\n","sortOrder":58},{"sectionNumber":"57","sectionType":"section","heading":"Offence—sell or supply non-compliant packaging","content":"57 Offence—sell or supply non-compliant packaging\n(1) A person commits an offence if the person sells, supplies, or offers to\nsell or supply, packaging for use in the transport of dangerous goods.\n\nPart 6.2 Prohibition on the sale or supply of non-compliant packaging\n(2) Subsection (1) does not apply if either—\n(a) all of the following apply:\n(i) the design for the packaging has been approved under\nsection 50;\n(ii) the packaging is marked in accordance with the ADG code,\nchapter 3.4, chapter 3.5 or part 6;\n(iii) the use of the packaging, according to the marking, is\nappropriate for the goods; or\n(b) both of the following apply:\n(i) the packaging complies with the relevant requirements of\nthe ADG code, chapter 3.4, chapter 3.5, part 4 or part 6;\n(ii) the use of the packaging is appropriate for the goods.\n\nOffences—general packaging Part 6.3\n","sortOrder":59},{"sectionNumber":"58","sectionType":"section","heading":"Meaning of general packaging—pt 6.3","content":"58 Meaning of general packaging—pt 6.3\ngeneral packaging means all packaging (including large packaging)\nother than portable tanks, MEGCs, bulk containers, freight\ncontainers, tanks on tank vehicles and overpacks.\n","sortOrder":60},{"sectionNumber":"59","sectionType":"section","heading":"Offence—consign dangerous goods—unsuitable general","content":"59 Offence—consign dangerous goods—unsuitable general\n(a) the person consigns dangerous goods for transport in general\nor\nor\n\n","sortOrder":61},{"sectionNumber":"60","sectionType":"section","heading":"Offence—pack dangerous goods—unsuitable general","content":"60 Offence—pack dangerous goods—unsuitable general\n(a) the person packs dangerous goods for transport in general\nor\nthe ADG code, part 4; and\nor\nthe ADG code, part 4.\n","sortOrder":62},{"sectionNumber":"61","sectionType":"section","heading":"Offence—load dangerous goods—damaged or defective","content":"61 Offence—load dangerous goods—damaged or defective\n(a) the person loads dangerous goods that are in general packaging\nin a vehicle for transport; and\n\nOffences—general packaging Part 6.3\n","sortOrder":63},{"sectionNumber":"62","sectionType":"section","heading":"Offence—prime contractor transports dangerous","content":"62 Offence—prime contractor transports dangerous\ngoods—damaged or defective packaging\n(a) the contractor transports dangerous goods in general packaging;\nand\n","sortOrder":64},{"sectionNumber":"63","sectionType":"section","heading":"Offence—drive vehicle transporting dangerous goods—","content":"63 Offence—drive vehicle transporting dangerous goods—\ndamaged or defective packaging\n(a) the person drives a vehicle transporting dangerous goods in\ngeneral packaging; and\n\n","sortOrder":65},{"sectionNumber":"64","sectionType":"section","heading":"Meaning of other packaging—pt 6.4","content":"64 Meaning of other packaging—pt 6.4\nother packaging means MEGCs, portable tanks, demountable tanks,\nbulk containers, freight containers and tanks on tank vehicles.\n","sortOrder":66},{"sectionNumber":"65","sectionType":"section","heading":"Offences—manufacturer fails to attach compliance plate","content":"65 Offences—manufacturer fails to attach compliance plate\netc to portable tank, MEGC or tank vehicle\n(a) manufactures a portable tank, for use in the transport of\ndangerous goods, that is not made of fibre reinforced plastic; and\n(b) fails to attach a compliance plate to the portable tank in\naccordance with the ADG code, chapter 6.7.\n(a) manufactures a portable tank, for use in the transport of\ndangerous goods, that is made of fibre reinforced plastic; and\n(b) fails to mark the portable tank in accordance with the ADG code,\nchapter 6.7 and section 6.9.2.10.\n(a) manufactures an MEGC for use in the transport of dangerous\n(b) fails to attach a compliance plate to the MEGC in accordance\nwith the ADG code, chapter 6.7.\n\n(4) A person commits an offence if the person—\n(a) manufactures a tank vehicle for use in the transport of dangerous\n(b) fails to attach a compliance plate to the vehicle in accordance\nwith the ADG code, section 6.10.2.2.\n","sortOrder":67},{"sectionNumber":"66","sectionType":"section","heading":"Offence—owner uses unsuitable tank or MEGC to","content":"66 Offence—owner uses unsuitable tank or MEGC to\ntransport dangerous goods\n(a) the person owns a portable tank, demountable tank or MEGC;\nand\n(b) the person uses the tank or MEGC to transport dangerous goods;\nand\n(c) the tank or MEGC is unsuitable for the transport of the goods.\n","sortOrder":68},{"sectionNumber":"67","sectionType":"section","heading":"Offences—consign dangerous goods—unsuitable other","content":"67 Offences—consign dangerous goods—unsuitable other\n(a) the person consigns dangerous goods for transport in other\n(b) the packaging is provided by the person; and\nor\n\n(a) the person consigns dangerous goods for transport in other\n(b) the packaging is provided by someone else; and\nor\nor\n","sortOrder":69},{"sectionNumber":"68","sectionType":"section","heading":"Offence—pack dangerous goods—unsuitable other","content":"68 Offence—pack dangerous goods—unsuitable other\n(a) the person packs dangerous goods for transport in other\n\nor\nthe ADG code, part 4; and\nor\nthe ADG code, part 4.\n","sortOrder":70},{"sectionNumber":"69","sectionType":"section","heading":"Offence—load dangerous goods—unsuitable other","content":"69 Offence—load dangerous goods—unsuitable other\n(a) the person loads dangerous goods that are in other packaging in\na vehicle for transport; and\n(b) the packaging is unsuitable for the transport of the goods; and\npackaging is unsuitable for the transport of the goods.\n","sortOrder":71},{"sectionNumber":"70","sectionType":"section","heading":"Offences—prime contractor transports dangerous","content":"70 Offences—prime contractor transports dangerous\ngoods—unsuitable other packaging or goods not packed\nproperly\n(a) the contractor transports dangerous goods in other packaging;\nand\n\n(b) the packaging is provided by the contractor; and\nor\n(3) A prime contractor commits an offence if—\n(a) the contractor transports dangerous goods in other packaging;\nand\n(b) the packaging is provided by someone else; and\nor\n(d) the contractor knows, or ought reasonably to know, that—\nor\n\n","sortOrder":72},{"sectionNumber":"71","sectionType":"section","heading":"Offence—drive vehicle transporting dangerous goods—","content":"71 Offence—drive vehicle transporting dangerous goods—\nunsuitable other packaging or goods not packed properly\n(a) the person drives a vehicle transporting dangerous goods in\nother packaging; and\nor\nor\n\n","sortOrder":73},{"sectionNumber":"72","sectionType":"section","heading":"Offence—consign dangerous goods in non-compliant","content":"72 Offence—consign dangerous goods in non-compliant\noverpack\n(a) the person consigns dangerous goods for transport in an\noverpack; and\n(b) the overpack and its contents do not comply with either—\npreparation method).\n","sortOrder":74},{"sectionNumber":"73","sectionType":"section","heading":"Offence—pack dangerous goods—non-compliant","content":"73 Offence—pack dangerous goods—non-compliant\npacking or preparation of overpack\n(a) the person packs dangerous goods for transport in an overpack;\nand\n(b) the packing of the overpack, or the preparation of the overpack\nor its contents, does not comply with either—\n(c) the person knows, or ought reasonably to know, that the packing\nof the overpack, or the preparation of the overpack or its\ncontents, does not comply with—\n\nOffences—overpacks Part 6.5\n","sortOrder":75},{"sectionNumber":"74","sectionType":"section","heading":"Offence—load dangerous goods—non-compliant","content":"74 Offence—load dangerous goods—non-compliant\npreparation of overpack\n(a) the person loads dangerous goods in an overpack in a vehicle for\ntransport; and\n(b) the preparation of the overpack or its contents does not comply\nwith either—\n","sortOrder":76},{"sectionNumber":"75","sectionType":"section","heading":"Offence—prime contractor transports dangerous","content":"75 Offence—prime contractor transports dangerous\ngoods—non-compliant preparation of overpack\n(a) the contractor transports dangerous goods in an overpack; and\n(b) the preparation of the overpack or its contents does not comply\nwith either—\n\n","sortOrder":77},{"sectionNumber":"76","sectionType":"section","heading":"Offence—drive vehicle transporting dangerous goods—","content":"76 Offence—drive vehicle transporting dangerous goods—\nnon-compliant preparation of overpack\n(a) the person drives a vehicle transporting dangerous goods in an\noverpack; and\n(b) preparation of the overpack or its contents does not comply with\neither—\n\nNote The ADG code, s 5.1.3.3 requires unused pre-labelled dangerous goods\npackaging to be identified to avoid inappropriate emergency response.\n","sortOrder":78},{"sectionNumber":"77","sectionType":"section","heading":"Meaning of appropriately marked—pt 7.1","content":"77 Meaning of appropriately marked—pt 7.1\n(1) For this part, a receptacle (other than a transport unit or overpack) that\nhas a capacity of more than 500kg or 500L is appropriately marked\nif it is marked and labelled in accordance with the ADG code, chapter\n5.2 and chapter 5.3.\n(2) For this part, any other package of dangerous goods (other than an\noverpack) is appropriately marked if it is marked and labelled in\naccordance with the ADG code, chapter 5.2.\n(3) For this part, an overpack is appropriately marked if it is marked and\nlabelled in accordance with the ADG code, section 5.1.2.\n(4) For this part, a package of dangerous goods that is packed in limited\nquantities is also appropriately marked if it is marked and labelled in\naccordance with the ADG code, chapter 3.4.\n(5) For this part, a package of dangerous goods packed in an excepted\nquantity is also appropriately marked if it is marked and labelled in\naccordance with the ADG code, chapter 3.5.\n","sortOrder":79},{"sectionNumber":"78","sectionType":"section","heading":"Offences—consign dangerous goods—package","content":"78 Offences—consign dangerous goods—package\ninappropriately marked or labelled\n(a) the person consigns dangerous goods for transport in a package;\nand\n\n(b) the package is not appropriately marked.\n(a) the person consigns dangerous goods for transport in a package;\nand\n(b) a mark or label on the package about its contents is false or\nmisleading in a material particular.\n","sortOrder":80},{"sectionNumber":"79","sectionType":"section","heading":"Offence—consign goods—package marked or labelled as","content":"79 Offence—consign goods—package marked or labelled as\nif contains dangerous goods\n(a) the person consigns goods for transport in a package; and\n(b) the package does not contain dangerous goods; and\n(c) the package is marked or labelled as if it contains dangerous\n\n","sortOrder":81},{"sectionNumber":"80","sectionType":"section","heading":"Offences—pack dangerous goods—package","content":"80 Offences—pack dangerous goods—package\ninappropriately marked or labelled\n(a) the person packs dangerous goods for transport in a package;\nand\n(b) the package is not, or will not be once the package is ready to be\ntransported, appropriately marked; and\n(c) the person knows, or ought reasonably to know, that the package\nis not, or will not be once the package is ready to be transported,\nappropriately marked.\n(a) the person packs dangerous goods for transport in a package;\nand\n(b) the person marks or labels the package with a marking or label\nabout its contents; and\n(c) the mark or label is false or misleading in a material particular;\nand\n(d) the person knows, or ought reasonably to know, that the mark or\nlabel is false or misleading in a material particular.\n\n","sortOrder":82},{"sectionNumber":"81","sectionType":"section","heading":"Offence—pack dangerous goods—mark or label as if","content":"81 Offence—pack dangerous goods—mark or label as if\ncontains dangerous goods\n(a) the person packs goods for transport in a package; and\n(b) the package does not contain dangerous goods; and\n(c) the person marks or labels the package as if it contains\n(d) the person knows, or ought reasonably to know, that the package\n","sortOrder":83},{"sectionNumber":"82","sectionType":"section","heading":"Offences—prime contractor transports dangerous","content":"82 Offences—prime contractor transports dangerous\ngoods—package inappropriately marked or labelled\n(a) the contractor transports dangerous goods in a package; and\n(b) the package is not appropriately marked; and\n(c) the contractor knows, or ought reasonably to know, that—\n(i) the goods are dangerous goods; and\n(ii) the package is not appropriately marked.\n\n(a) the contractor transports dangerous goods in a package; and\n(b) a mark or label on the package about its contents is false or\nmisleading in a material particular; and\nmark or label is false or misleading in a material particular.\n","sortOrder":84},{"sectionNumber":"83","sectionType":"section","heading":"Offence—prime contractor transports goods—package","content":"83 Offence—prime contractor transports goods—package\nmarked or labelled as if contains dangerous goods\n(a) the contractor transports goods in a package; and\n(b) the package is marked or labelled as if it contains dangerous\npackage does not contain dangerous goods.\n\n","sortOrder":85},{"sectionNumber":"84","sectionType":"section","heading":"Meaning of placards and appropriately placarded—pt 7.2","content":"84 Meaning of placards and appropriately placarded—pt 7.2\n(1) For this part, a person placards a load of dangerous goods if the\nperson affixes, stencils, prints or places a label or an emergency\ninformation panel in relation to the load on any thing that is being, or\nthat is to be, used to transport the load.\n(2) For this part, a placard load is appropriately placarded if it is\nplacarded in accordance with the ADG code, chapter 5.3.\nemergency information panel—see the ADG code, section 5.3.1.3.\nlabel—see the ADG code, section 1.2.1.\n","sortOrder":86},{"sectionNumber":"85","sectionType":"section","heading":"When load must be placarded","content":"85 When load must be placarded\n(1) A load of dangerous goods must be placarded if—\n(a) it contains—\n(ii) more than 500kg of dangerous goods in a receptacle; or\n(b) it contains an aggregate quantity of dangerous goods (other than\nspecified goods) of 250 or more and those goods include—\n(i) dangerous goods of UN division 2.1 that are not aerosols;\nor\n(ii) dangerous goods of UN division 2.3; or\n(iii) dangerous goods of packing group I; or\n(c) it contains dangerous goods of UN division 6.2, category A; or\n(d) it contains an aggregate quantity of dangerous goods of UN\ndivision 6.2 (other than category A) of 10 or more; or\n\n(e) it contains an aggregate quantity of dangerous goods (other than\nspecified goods) of 1 000 or more.\n(2) For subsection (1) (a), dangerous goods in a receptacle does not\ninclude dangerous goods that are, or are part of, an article held in the\nreceptacle.\n(3) A load of dangerous goods must be placarded if the load contains\nspecified goods that—\n(a) include articles or substances assigned to a UN serial number—\n(i) with an aggregate quantity of 2 000 or more; and\n(ii) from a single place of consignment; or\n(b) have a total gross mass of 8t or more.\n(4) Also, a load of goods must be placarded if—\n(a) the load contains specified goods and other dangerous goods;\nand\n(b) if the load contains the kinds of dangerous goods mentioned in\nsubsection (1) (b) (i), (ii) or (iii)—the aggregate quantity of the\nfollowing is 250 or more:\n(i) the dangerous goods mentioned in subsection (1) (b) (i),\n(ii) or (iii);\n(ii) 10% of the total gross mass of the specified goods; and\n(c) if the load does not contain the kinds of dangerous goods\nmentioned in subsection (1) (b) (i), (ii) or (iii)—the aggregate\nquantity of the following is 1 000 or more:\n(i) dangerous goods in the load that are not specified goods;\n(ii) 25% of the total gross mass of the specified goods.\n\nspecified goods means any of the following:\n(a) dangerous goods that are packed in limited quantities;\n(b) a bonbon, party popper or sparkler;\n(c) a domestic smoke detector containing radioactive material;\n(d) a lighter or lighter refill containing flammable gas;\n(e) a fire extinguisher containing compressed or liquefied gas with\na net mass of not more than 23kg;\n(f) a combination of any 1 or more of the things mentioned in\nparagraphs (a) to (e).\n","sortOrder":87},{"sectionNumber":"86","sectionType":"section","heading":"Offences—consign placard load—load inappropriately","content":"86 Offences—consign placard load—load inappropriately\n(a) the person consigns a placard load for transport; and\n(b) the person knows, or ought reasonably to know, that the load is\na placard load; and\n(c) the load is not appropriately placarded.\n(a) the person consigns a placard load for transport; and\n(b) the placarding of the load is false or misleading in a material\n\n","sortOrder":88},{"sectionNumber":"87","sectionType":"section","heading":"Offences—consign goods—cargo transport unit","content":"87 Offences—consign goods—cargo transport unit\n(a) the person consigns goods for transport in or on a cargo transport\nunit; and\n(b) the cargo transport unit does not contain dangerous goods; and\n(c) the person knows, or ought reasonably to know, that the cargo\ntransport unit does not contain dangerous goods; and\n(d) the cargo transport unit is placarded as if it were a placard load.\n(2) Subsection (1) does not apply if the placarding of the cargo transport\nunit complies with requirements relating to contents of a cargo\ntransport unit under—\n(a) the person consigns a load of dangerous goods for transport in\nor on a cargo transport unit; and\n(b) the goods are not a placard load; and\n(c) the load’s placarding is false or misleading in a material\n\n","sortOrder":89},{"sectionNumber":"88","sectionType":"section","heading":"Offences—load placard load—load inappropriately","content":"88 Offences—load placard load—load inappropriately\n(c) the person knows, or ought reasonably to know, that the goods\nare a placard load; and\n(d) the person fails to ensure that the load is appropriately\nplacarded.\n(a) the person loads a placard load in a vehicle for transport; and\n(b) the person placards the load with placarding; and\n(c) the placarding is false or misleading in a material particular; and\n","sortOrder":90},{"sectionNumber":"89","sectionType":"section","heading":"Offences—load goods—load inappropriately placarded","content":"89 Offences—load goods—load inappropriately placarded\n(a) the person loads goods in a vehicle for transport; and\n(b) the person placards the load as if it were a placard load; and\n(c) the load does not contain dangerous goods; and\n\n(d) the person knows, or ought reasonably to know, that the load\n(2) Subsection (1) does not apply if the placarding of the load complies\nwith requirements relating to contents of a load under—\n(a) the person loads dangerous goods into or onto a cargo transport\nunit for transport in or on the cargo transport unit; and\n(b) the goods are not a placard load; and\n(c) the person placards the load with placarding that is false or\nmisleading in a material particular; and\n","sortOrder":91},{"sectionNumber":"90","sectionType":"section","heading":"Offences—prime contractor—placard load","content":"90 Offences—prime contractor—placard load\n(a) the contractor transports dangerous goods; and\n(c) the load is not appropriately placarded; and\n(d) the contractor knows, or ought reasonably to know, that—\n(i) the goods are a placard load; and\n\n(ii) the load is not appropriately placarded.\n(a) the contractor transports a placard load; and\n(b) the load’s placarding is false or misleading in a material\n(3) A prime contractor commits an offence if—\n(a) the prime contractor transports a load of dangerous goods in or\non a cargo transport unit; and\n(b) the load—\n(i) is not a placard load; and\n(ii) is placarded; and\n(c) the load’s placarding is false or misleading in a material\n(d) the prime contractor knows, or ought reasonably to know, that\nthe placarding is false or misleading in a material particular.\n","sortOrder":92},{"sectionNumber":"91","sectionType":"section","heading":"Offence—prime contractor—cargo transport unit","content":"91 Offence—prime contractor—cargo transport unit\n(a) the contractor uses a cargo transport unit that does not contain\n\n(b) the cargo transport unit is placarded as if it were a placard load;\nand\ncargo transport unit does not contain dangerous goods.\n(2) Subsection (1) does not apply if the placarding of the cargo transport\nunit complies with requirements for contents of the cargo transport\nunit under—\n","sortOrder":93},{"sectionNumber":"92","sectionType":"section","heading":"Offences—driver—placard load inappropriately placarded","content":"92 Offences—driver—placard load inappropriately placarded\n(a) the person drives a vehicle transporting dangerous goods; and\n(c) the load is not appropriately placarded; and\n(i) the goods are a placard load; and\n(ii) the load is not appropriately placarded.\n(a) the person drives a vehicle transporting a placard load; and\n(b) the load’s placarding is false or misleading in a material\n\n","sortOrder":94},{"sectionNumber":"93","sectionType":"section","heading":"Offence—driver—cargo transport unit inappropriately","content":"93 Offence—driver—cargo transport unit inappropriately\n(a) the person drives a vehicle that is, or that incorporates, a cargo\n(b) the cargo transport unit is placarded as if it were a placard load;\nand\n(a) the person drives a vehicle that is, or that incorporates, a cargo\n(b) the cargo transport unit is transporting a load of dangerous\n(c) the load is not a placard load; and\n(d) the load’s placarding is false or misleading in a material\n(e) the person knows, or ought reasonably to know, that the\n\nSafety standards—vehicles and equipment Chapter 8\n","sortOrder":95},{"sectionNumber":"Part 8","sectionType":"part","heading":"Safety standards—vehicles","content":"Chapter 8 Safety standards—vehicles\nand equipment\n","sortOrder":96},{"sectionNumber":"94","sectionType":"section","heading":"Offence—owner—non-compliance with safety standards","content":"94 Offence—owner—non-compliance with safety standards\n(a) the person owns a vehicle; and\n(b) the person uses the vehicle, or permits it to be used, to transport\n(c) the vehicle or its equipment does not comply with the ADG\ncode, chapter 4.4 and chapter 6.10.\n","sortOrder":97},{"sectionNumber":"95","sectionType":"section","heading":"Offence—consignor—non-compliance with safety","content":"95 Offence—consignor—non-compliance with safety\nstandards\n(a) the person consigns dangerous goods for transport in a vehicle;\nand\n\nChapter 8 Safety standards—vehicles and equipment\n96 Offence—loader—non-compliance with safety standards\n97 Offence—prime contractor—non-compliance with safety\nstandards\n(a) the contractor uses a vehicle to transport dangerous goods; and\ncode, chapter 4.4 and chapter 6.10.\n","sortOrder":98},{"sectionNumber":"98","sectionType":"section","heading":"Offence—driver—non-compliance with safety standards","content":"98 Offence—driver—non-compliance with safety standards\n(a) the person drives a vehicle transporting dangerous goods; and\n\nSelf-reactive substances, organic peroxides and certain other\nPart 9.1\nChapter 9 Transport operations—certain\nPart 9.1 Self-reactive substances, organic\nperoxides and certain other\n99 Application—pt 9.1\nThis part applies to the transport of the following types of dangerous\ngoods:\n(a) gases of UN class 2;\n(b) self-reactive substances of UN division 4.1;\n(c) organic peroxides of UN division 5.2;\n(d) other substances for which—\n(i) the proper shipping name contains the word\n‘STABILIZED’; and\n(ii) the self-accelerating decomposition temperature (as\ndetermined in accordance with the ADG code, part 2) when\npresented for transport in a packaging is 50°C or lower;\n(e) toxic substances of UN division or subsidiary hazard 6.1;\n(f) infectious substances of UN division 6.2;\n(g) dangerous when wet substances of UN division 4.3.\n","sortOrder":99},{"sectionNumber":"100","sectionType":"section","heading":"Offence—consignor—non-compliance with ADG code","content":"100 Offence—consignor—non-compliance with ADG code\n(a) consigns dangerous goods to which this part applies for\ntransport in or on a transport unit; and\n\n","sortOrder":100},{"sectionNumber":"Part 9","sectionType":"part","heading":"1 Self-reactive substances, organic peroxides and certain other","content":"Part 9.1 Self-reactive substances, organic peroxides and certain other\n(b) knows, or ought reasonably to know, that the goods are not\nloaded or stowed, or cannot be transported or unloaded, in\naccordance with the ADG code, chapter 7.1 or chapter 7.2.\n","sortOrder":101},{"sectionNumber":"101","sectionType":"section","heading":"Offence—loader—non-compliance with ADG code","content":"101 Offence—loader—non-compliance with ADG code\n(a) loads dangerous goods to which this part applies that are in or\non a transport unit in a vehicle; and\n(b) loads the goods other than in accordance with the ADG code,\nchapter 7.1 or chapter 7.2.\n","sortOrder":102},{"sectionNumber":"102","sectionType":"section","heading":"Offences—prime contractor—non-compliance with ADG","content":"102 Offences—prime contractor—non-compliance with ADG\ncode\n(a) transports dangerous goods to which this part applies; and\n(b) knows, or ought reasonably to know, that the transport is not in\naccordance with the ADG code, chapter 7.1 or chapter 7.2.\n(2) A prime contractor commits an offence if the contractor—\n(a) is responsible for the transport of 1 or more packages of\ninfectious substances of UN division 6.2; and\n(b) becomes aware of damage to, or leakage from, the package or\nany of the packages; and\n\nSelf-reactive substances, organic peroxides and certain other\nPart 9.1\n(c) fails to comply with the ADG code, section 7.1.7.2.2.\n","sortOrder":103},{"sectionNumber":"103","sectionType":"section","heading":"Offence—driver—non-compliance with ADG code","content":"103 Offence—driver—non-compliance with ADG code\n(a) drives a vehicle transporting dangerous goods to which this part\napplies; and\n(b) knows, or ought reasonably to know, that the goods are not\nbeing transported in accordance with the ADG code, chapter 7.1\nor chapter 7.2.\n\nPart 9.2 Goods too dangerous to be transported\nPart 9.2 Goods too dangerous to be\ntransported\nNote The Act, s 10 and s 30 provide for the duties of consignors of goods too\ndangerous to be transported, prescribes the people to be regarded as the\nconsignors of the goods and provides for the offence and penalty for\nconsigning them for transport.\n","sortOrder":104},{"sectionNumber":"104","sectionType":"section","heading":"Offence—loader—goods too dangerous to be transported","content":"104 Offence—loader—goods too dangerous to be transported\n(a) loads goods for transport in or on a transport unit; and\n","sortOrder":105},{"sectionNumber":"105","sectionType":"section","heading":"Offence—prime contractor—goods too dangerous to be","content":"105 Offence—prime contractor—goods too dangerous to be\ntransported\n(a) transports goods; and\n","sortOrder":106},{"sectionNumber":"106","sectionType":"section","heading":"Offence—driver—goods too dangerous to be transported","content":"106 Offence—driver—goods too dangerous to be transported\n(a) drives a vehicle transporting goods; and\n\nNominally empty storage vessels Part 9.3\n","sortOrder":107},{"sectionNumber":"106A","sectionType":"section","heading":"Meaning of nominally empty storage vessel—pt 9.3","content":"106A Meaning of nominally empty storage vessel—pt 9.3\nnominally empty storage vessel means a tank or hopper mentioned in\nthe ADG code, section 7.2.7.1.\n","sortOrder":108},{"sectionNumber":"106B","sectionType":"section","heading":"Offence—consignor—nominally empty storage vessel","content":"106B Offence—consignor—nominally empty storage vessel\n(a) consigns a nominally empty storage vessel for transport in a\ncargo transport unit; and\n(b) knows, or ought reasonably to know, that the vessel—\n(i) is not loaded or stowed in accordance with the ADG code,\nchapter 7.2; or\n(ii) cannot be transported or unloaded in accordance with the\nADG code, chapter 7.2.\n","sortOrder":109},{"sectionNumber":"106C","sectionType":"section","heading":"Offence—loader—nominally empty storage vessel","content":"106C Offence—loader—nominally empty storage vessel\n(a) loads a nominally empty storage vessel for transport in a cargo\n(b) fails to load the vessel in accordance with the ADG code,\nchapter 7.2.\n\n","sortOrder":110},{"sectionNumber":"106D","sectionType":"section","heading":"Offence—prime contractor—nominally empty storage","content":"106D Offence—prime contractor—nominally empty storage\nvessel\n(a) transports a nominally empty storage vessel; and\n(b) the vessel is not transported in accordance with the ADG code,\nchapter 7.2; and\n(c) knows, or ought reasonably to know, that the vessel is not\ntransported in accordance with the ADG code, chapter 7.2.\n","sortOrder":111},{"sectionNumber":"106E","sectionType":"section","heading":"Offence—driver—nominally empty storage vessel","content":"106E Offence—driver—nominally empty storage vessel\n(a) drives a road vehicle transporting a nominally empty storage\nvessel; and\n(b) the vessel is not transported in accordance with the ADG code,\nchapter 7.2; and\n(c) knows, or ought reasonably to know, that the vessel is not\ntransported in accordance with the ADG code, chapter 7.2.\n\nStowage, loading and restraint Chapter 10\n","sortOrder":112},{"sectionNumber":"107","sectionType":"section","heading":"Offences—consignor—unlawful stowage, loading and","content":"107 Offences—consignor—unlawful stowage, loading and\n(a) consigns for transport in a vehicle a placard load; and\nor their packaging are not, or will not be, stowed, loaded and\nrestrained in accordance with the ADG code, chapter 8.1.\n(a) consigns a load of dangerous goods for transport in or on a\nnot, or will not be, restrained in accordance with the ADG code,\nchapter 8.2.\n","sortOrder":113},{"sectionNumber":"108","sectionType":"section","heading":"Offences—loader—unlawful stowage, loading and","content":"108 Offences—loader—unlawful stowage, loading and\n(a) loads for transport in a vehicle a placard load ; and\n(b) fails to ensure that the load is stowed, loaded and restrained in\naccordance with the ADG code, chapter 8.1.\n(a) loads for transport in a vehicle dangerous goods that are in or on\na transport unit; and\n\n(b) fails to ensure that the transport unit is restrained in accordance\nwith the ADG code, chapter 8.2.\n(3) An offence against subsection (1) is a strict liability offence.\n","sortOrder":114},{"sectionNumber":"109","sectionType":"section","heading":"Offences—prime contractor—unlawful stowage, loading","content":"109 Offences—prime contractor—unlawful stowage, loading\nand restraint\n(a) transports in a vehicle a placard load; and\nor their packaging have not been stowed or loaded, or are not\nrestrained, in accordance with the ADG code, chapter 8.1.\n(2) A prime contractor commits an offence if the contractor—\n(a) transports dangerous goods in or on a transport unit; and\nnot restrained in accordance with the ADG code, chapter 8.2.\n","sortOrder":115},{"sectionNumber":"110","sectionType":"section","heading":"Offences—driver—unlawful stowage, loading and","content":"110 Offences—driver—unlawful stowage, loading and\n(a) drives a vehicle transporting a placard load; and\nor their packaging have not been stowed or loaded, or are not\nrestrained, in accordance with the ADG code, chapter 8.1.\n\nStowage, loading and restraint Chapter 10\n(a) drives a vehicle transporting dangerous goods in or on a\nnot restrained in accordance with the ADG code, chapter 8.2.\n\n","sortOrder":116},{"sectionNumber":"111","sectionType":"section","heading":"Application—ch 11","content":"111 Application—ch 11\n(1) This chapter applies to—\n(a) the transport of a placard load; and\n(b) the transport of a load of dangerous goods that is not a placard\nload if the load contains dangerous goods of UN division 2.3,\nUN class 6 or UN class 8, or dangerous goods that have a\nsubsidiary hazard of 6.1 or 8, that are being, or are to be,\ntransported with food or food packaging.\n(2) However, this chapter does not apply in relation to dangerous goods\npacked in limited quantities.\n","sortOrder":117},{"sectionNumber":"112","sectionType":"section","heading":"Exception—certain goods for driver’s personal use","content":"112 Exception—certain goods for driver’s personal use\nDespite sections 113 to 116, food or food packaging may be\ntransported on a vehicle with dangerous goods if it is in the vehicle’s\ncabin and is for the driver’s personal use.\n","sortOrder":118},{"sectionNumber":"113","sectionType":"section","heading":"Offence—consignor—incompatible goods","content":"113 Offence—consignor—incompatible goods\n(a) consigns dangerous goods for transport in a vehicle; and\n(ii) the dangerous goods will not be segregated from the\n\nSegregation Chapter 11\n","sortOrder":119},{"sectionNumber":"114","sectionType":"section","heading":"Offence—loader—incompatible goods","content":"114 Offence—loader—incompatible goods\n(a) loads dangerous goods for transport in a vehicle; and\n(ii) the dangerous goods will not be segregated from the\n","sortOrder":120},{"sectionNumber":"115","sectionType":"section","heading":"Offence—prime contractor—incompatible goods","content":"115 Offence—prime contractor—incompatible goods\n(a) uses a vehicle to transport dangerous goods; and\n(ii) the dangerous goods are not segregated from the\n\n","sortOrder":121},{"sectionNumber":"116","sectionType":"section","heading":"Offence—driver—incompatible goods","content":"116 Offence—driver—incompatible goods\n(a) drives a vehicle transporting dangerous goods; and\n(ii) the dangerous goods are not segregated from the\n","sortOrder":122},{"sectionNumber":"117","sectionType":"section","heading":"Approvals—segregation devices","content":"117 Approvals—segregation devices\n(1) An application for approval of a design for a type II segregation\ndevice for use in the transport of dangerous goods must include any\ninformation required under the ADG code, chapter 6.11.\n(2) The competent authority may, on application in accordance with\nsubsection (1) and section 175, approve a design for a type II\nsegregation device if the design complies with the ADG code,\nchapter 6.11.\ntype II segregation device means a device for the segregation of\ngoods mentioned and described as a type II segregation device in the\nADG code, chapter 6.11.\n\nSegregation Chapter 11\n","sortOrder":123},{"sectionNumber":"118","sectionType":"section","heading":"Approvals—methods of segregation","content":"118 Approvals—methods of segregation\n(1) The competent authority may, on application made in accordance\nwith section 175, approve a method of segregation not complying\nwith the ADG code, part 9 for transporting dangerous and\nincompatible goods, if the authority considers that—\n(a) it is impracticable to segregate the goods by a segregation\ndevice, or method of segregation, complying with the part; and\n(b) the risk involved in using the method to transport the goods is\nnot greater than the risk involved in using a device or method\ncomplying with the part to transport the goods.\n(2) The competent authority may impose any condition on the approval\nit considers necessary for the safe transport of dangerous goods.\n","sortOrder":124},{"sectionNumber":"119","sectionType":"section","heading":"Offence—contravene condition of approval","content":"119 Offence—contravene condition of approval\n(a) is given an approval under section 118; and\n(b) contravenes a condition of the approval.\n\nPart 12.1 Bulk transfer of dangerous goods—general\nChapter 12 Bulk transfer of dangerous\ngoods\nPart 12.1 Bulk transfer of dangerous\ngoods—general\n120 Meaning of bulk transfer—ch 12\nIn this chapter:\nbulk transfer means the transfer by gravity, pump or pressure\ndifferential of liquid, solid or gaseous dangerous goods, by the use of\npipework or hose, into or out of a tank vehicle, or into or out of a\nportable tank, demountable tank, bulk container, pressure drum, tube,\nMEGC or IBC that is in a vehicle.\n\n","sortOrder":125},{"sectionNumber":"121","sectionType":"section","heading":"Offences—transferor—damaged etc hose assembly","content":"121 Offences—transferor—damaged etc hose assembly\n(a) uses a hose assembly for the bulk transfer of dangerous goods;\nand\n(b) knows, or ought reasonably to know, that the hose assembly is\ndamaged or defective to the extent that it is not safe to use to\ntransfer the goods.\n(a) uses a hose assembly for the bulk transfer of dangerous goods;\nand\n(b) knows, or ought reasonably to know, that the hose assembly—\n(i) has not been constructed, assembled or maintained in\naccordance with the ADG code, chapter 10.1; or\n(ii) has not been inspected or tested at the intervals, or in the\nway, required under the chapter; or\n(iii) did not satisfy a test under the chapter.\n","sortOrder":126},{"sectionNumber":"122","sectionType":"section","heading":"Offences—transferor—duties in relation to bulk transfer","content":"122 Offences—transferor—duties in relation to bulk transfer\n\n(ii) in a way that—\n(A) eliminates risk; and\n(B) if it is not possible to eliminate risk—minimises risk\nto the maximum extent that is practicable.\n(i) the receiving receptacle or the transfer equipment is\nincompatible with the dangerous goods; or\n(ii) the receptacle contains incompatible goods.\n(a) the person is engaged in the bulk transfer of dangerous goods;\nand\n(b) during the transfer, dangerous goods leak, spill or accidentally\nescape; and\n(c) the person fails to—\n(i) immediately stop transferring the goods; or\n(ii) take all practicable steps to avoid, eliminate or minimise\nrisk; or\n(iii) not start transferring the goods again until the conditions\ncausing the leak, spill or escape have been rectified.\n(4) An offence against subsection (1) or (3) is a strict liability offence.\n\n(5) It is a defence to a prosecution for an offence against subsection (1)\n","sortOrder":127},{"sectionNumber":"123","sectionType":"section","heading":"Offence—occupier—duties in relation to hose assembly","content":"123 Offence—occupier—duties in relation to hose assembly\n(b) fails to ensure that any hose assembly on the premises that is\nused, or that is intended to be used, for the transfer (other than a\nhose assembly brought onto the premises on the vehicle\ninvolved in the transfer)—\n(i) has been constructed, assembled and maintained in\naccordance with the ADG code, chapter 10.1; and\n(ii) has been inspected and tested at the intervals, and in the\nway, required under the chapter; and\n(iii) satisfies each test under the chapter.\n","sortOrder":128},{"sectionNumber":"124","sectionType":"section","heading":"Offence—occupier—duties in relation to bulk transfer","content":"124 Offence—occupier—duties in relation to bulk transfer\n\n(ii) in a way that avoids, eliminates or minimises risk.\n","sortOrder":129},{"sectionNumber":"125","sectionType":"section","heading":"Offence—occupier—fail to keep records","content":"125 Offence—occupier—fail to keep records\n(b) fails to keep, in accordance with the ADG code, section 10.1.3.4\naccurate records of all maintenance work, and each inspection\nand test, carried out on any hose assembly on the premises that\nis used, or that is intended to be used, for the transfer (other than\na hose assembly brought onto the premises on the vehicle\ninvolved in the transfer).\n","sortOrder":130},{"sectionNumber":"126","sectionType":"section","heading":"Offence—prime contractor—duties in relation to hose","content":"126 Offence—prime contractor—duties in relation to hose\nassembly\n\n(b) fails to ensure that any hose assembly that is used, or that is\nintended to be used, for the transfer of the dangerous goods\n(other than a hose assembly for which the prime contractor is\nnot responsible)—\n(i) has been constructed, assembled and maintained in\naccordance with the ADG code, chapter 10.1; and\n(ii) has been inspected and tested at the intervals, and in the\nway, required under the chapter; and\n(iii) satisfies each test under the chapter.\n","sortOrder":131},{"sectionNumber":"127","sectionType":"section","heading":"Offence—prime contractor—duties in relation to bulk","content":"127 Offence—prime contractor—duties in relation to bulk\ntransfer\n(ii) in a way that avoids, eliminates or minimises risk.\n(2) It is a defence to a prosecution for an offence against this section if\n\n","sortOrder":132},{"sectionNumber":"128","sectionType":"section","heading":"Offence—prime contractor—fail to keep records","content":"128 Offence—prime contractor—fail to keep records\n(b) fails to keep, in accordance with the ADG code, section 10.1.3.4\naccurate records of all maintenance work, and each inspection\nand test, carried out on any hose assembly that is used, or that is\nintended to be used, for the transfer of dangerous goods (other\nthan a hose assembly for which the prime contractor is not\nresponsible).\n\nFilling ratio and ullage Part 12.3\n","sortOrder":133},{"sectionNumber":"129","sectionType":"section","heading":"Application—pt 12.3","content":"129 Application—pt 12.3\nThis part applies in relation to bulk transfer into a tank vehicle.\n","sortOrder":134},{"sectionNumber":"130","sectionType":"section","heading":"Offence—transferor—filling ratio and ullage","content":"130 Offence—transferor—filling ratio and ullage\n(a) is engaged in the bulk transfer of dangerous goods into a tank\n(b) fails to ensure that—\nof refrigerated liquid—the quantity of the goods in the tank\nto which the goods are transferred does not exceed the\nmaximum permitted filling ratio set out in the ADG code,\nsection 10.3.2; and\n(ii) in any other case—the ullage in the tank complies with the\nADG code, section 10.3.1.\n(a) the person is engaged in the bulk transfer of goods to a tank (the\nfirst tank); and\n(b) the goods are not dangerous goods (the non-dangerous goods);\nand\n(c) the first tank is on, or part of, a vehicle; and\n(d) while any amount of the non-dangerous goods is in the first tank,\nthe vehicle is carrying, or is likely to carry, dangerous goods in\nanother compartment of the first tank or in another tank; and\n(e) the person knows, or ought reasonably to know, of the matter\nmentioned in paragraph (d); and\n\n(f) the person fails to ensure that the ullage in the first tank would\ncomply with the ADG code, section 10.3.1 if the non-dangerous\ngoods were dangerous goods.\n","sortOrder":135},{"sectionNumber":"131","sectionType":"section","heading":"Offence—prime contractor—filling ratio and ullage","content":"131 Offence—prime contractor—filling ratio and ullage\n(a) the prime contractor transports dangerous goods in a tank; and\nof refrigerated liquid—the quantity of goods in the tank\nexceeds the maximum permitted filling ratio set out in the\nADG code, section 10.3.2;\n(ii) in any other case—the ullage in the tank does not comply\nwith the ADG code, section 10.3.1.\n(a) the prime contractor uses a vehicle to transport a tank; and\n(b) the tank (the first tank) contains goods that are not dangerous\n(c) the vehicle transports dangerous goods in another compartment\nof the first tank or another tank; and\n\nFilling ratio and ullage Part 12.3\n(d) the prime contractor fails to ensure that the ullage in the first\ntank would comply with the ADG code, section 10.3.1 if the\ngoods mentioned in paragraph (b) were dangerous goods.\n(4) It is a defence to a prosecution for an offence against subsection (2)\ns (4) (see Criminal Code, s 59).\n","sortOrder":136},{"sectionNumber":"132","sectionType":"section","heading":"Offence—driver—filling ratio and ullage","content":"132 Offence—driver—filling ratio and ullage\n(a) drives a tank vehicle that is transporting dangerous goods; and\nof refrigerated liquid—the quantity of goods in the tank\nexceeds the maximum permitted filling ratio set out in the\nADG code, section 10.3.2; or\n(ii) in any other case—the ullage in the tank does not comply\nwith the ADG code, section 10.3.1.\n(a) the person drives a vehicle that has a tank (the first tank); and\n(b) the first tank contains goods that are not dangerous goods; and\n(c) another compartment of the first tank, or another tank on the\nvehicle, contains dangerous goods; and\n\n(d) the person knows, or ought reasonably to know, that the ullage\nin the first tank would not comply with the ADG code,\nsection 10.3.1 if the goods mentioned in paragraph (b) were\n(3) It is a defence to a prosecution for an offence against subsection (2)\ns (3) (see Criminal Code, s 59).\n\nTransport documentation Part 13.1\n","sortOrder":137},{"sectionNumber":"133","sectionType":"section","heading":"Offence—false or misleading transport documentation","content":"133 Offence—false or misleading transport documentation\n(a) the person includes information in transport documentation for\n(b) the documentation is false or misleading; and\ndocumentation is false or misleading.\n(2) Subsection (1) (b) and (c) does not apply if the document is not false\nor misleading in a material particular.\nExample—false information\na person named as consignor of the dangerous goods if the person is not the\nconsignor of the goods\n","sortOrder":138},{"sectionNumber":"134","sectionType":"section","heading":"Offences—consignor—transport without proper","content":"134 Offences—consignor—transport without proper\ndocumentation\n(a) the person consigns dangerous goods for transport in a vehicle;\nand\n\n(b) the prime contractor or driver of the vehicle does not have\ntransport documentation that complies with the ADG code,\nchapter 11.1 for the goods.\n(a) the person consigns dangerous goods for transport; and\n(b) the person knows, or ought reasonably to know, that the goods\nwill be divided into, and transported in, separate loads; and\n(c) the prime contractor, or the driver of each vehicle transporting\nthe load, has not been given separate transport documentation\nfor each load.\n(4) Strict liability applies to subsection (3) (c).\n","sortOrder":139},{"sectionNumber":"135","sectionType":"section","heading":"Offence—prime contractor—transport without proper","content":"135 Offence—prime contractor—transport without proper\ndocumentation\n(a) the contractor fails to ensure that someone else does not drive a\nvehicle used by the prime contractor to transport dangerous\n(b) the person has not been given transport documentation that\ncomplies with the ADG code, chapter 11.1 for the goods.\n\nTransport documentation Part 13.1\n","sortOrder":140},{"sectionNumber":"136","sectionType":"section","heading":"Offence—driver—fail to carry transport documentation","content":"136 Offence—driver—fail to carry transport documentation\n(a) is the driver of a vehicle transporting dangerous goods; and\n(b) fails to carry transport documentation that complies with the\nADG code, chapter 11.1 for the goods.\n(a) is the driver of a vehicle transporting dangerous goods; and\n(b) fails to produce the transport documentation that complies with\nthe ADG code, chapter 11.1 for the goods when asked by an\nauthorised person, or a member of an emergency service, to\nproduce the documentation for inspection.\n","sortOrder":141},{"sectionNumber":"136A","sectionType":"section","heading":"Offence—prime contractor—fail to keep documents","content":"136A Offence—prime contractor—fail to keep documents\n(1) This section applies if the Act, this regulation or the ADG code\nrequires a prime contractor to create or use a document in relation to\nthe transport of dangerous goods by the prime contractor.\n(2) The prime contractor commits an offence if, during the 3-month\nperiod after the day the dangerous goods are transported—\n(a) the prime contractor fails to keep the document or a copy of the\ndocument in paper form; or\n(b) the document or the copy of the document in paper form is not\nreadily legible; or\n\n(c) if requested by an authorised person to produce the document—\nfails to produce the document, or a copy of the document, in\npaper form to the authorised person.\n\nDangerous goods packed in limited quantities Part 13.1A\n","sortOrder":142},{"sectionNumber":"Part 13","sectionType":"part","heading":"1A Dangerous goods packed in","content":"Part 13.1A Dangerous goods packed in\nlimited quantities\n","sortOrder":143},{"sectionNumber":"136B","sectionType":"section","heading":"Offence—consignor—fail to give prime contractor","content":"136B Offence—consignor—fail to give prime contractor\ninformation\n(a) consigns dangerous goods that are packed in limited quantities\nfor transport; and\n(b) fails to give the prime contractor information—\n(i) required to be given to the contractor under the ADG code,\nsection 3.4.12; or\n(ii) in the form required under the ADG code, section 3.4.12.\n(a) consigns dangerous goods that are packed in limited quantities\nfor transport; and\n(b) gives the prime contractor information under the ADG code,\nsection 3.4.12; and\n(c) the information given is false or misleading in a material\ninformation given is false or misleading in a material particular.\n\nPart 13.1A Dangerous goods packed in limited quantities\n","sortOrder":144},{"sectionNumber":"136C","sectionType":"section","heading":"Offence—prime contractor—fail to ensure information is","content":"136C Offence—prime contractor—fail to ensure information is\nreadily ascertainable\nA prime contractor commits an offence if the prime contractor—\n(a) receives, under the ADG code, section 3.4.12, information in\nrelation to dangerous goods packed in limited quantities; and\n(b) fails to ensure that, during the transport of the goods, the\ninformation is readily available to a person involved in the\ntransport of the goods.\n\nEmergency information Part 13.2\n","sortOrder":145},{"sectionNumber":"137","sectionType":"section","heading":"Meaning of required emergency information—pt 13.2","content":"137 Meaning of required emergency information—pt 13.2\nrequired emergency information means—\n(a) emergency information that complies with the ADG code,\nchapter 11.2; or\n(b) emergency information that is approved under section 141.\n","sortOrder":146},{"sectionNumber":"138","sectionType":"section","heading":"Offence—consignor—missing required emergency","content":"138 Offence—consignor—missing required emergency\ninformation\n(a) consigns a placard load for transport in a vehicle; and\n(b) knows, or ought reasonably to know, that the required\nemergency information for the dangerous goods in the load is\nnot on the vehicle.\n","sortOrder":147},{"sectionNumber":"139","sectionType":"section","heading":"Offence—prime contractor—emergency information","content":"139 Offence—prime contractor—emergency information\nholder and required emergency information\n(a) the contractor uses a vehicle to transport a placard load; and\n(i) the vehicle is not equipped with an emergency information\nholder that complies with the ADG code, chapter 11.2;\n\n(ii) the required emergency information for the dangerous\ngoods in the load is not in the holder.\n","sortOrder":148},{"sectionNumber":"140","sectionType":"section","heading":"Offences—driver—emergency information holder and","content":"140 Offences—driver—emergency information holder and\nrequired emergency information\n(a) the person drives a vehicle transporting a placard load; and\n(i) the vehicle is not equipped with an emergency information\nholder that complies with the ADG code, chapter 11.2;\n(ii) the required emergency information for the dangerous\ngoods in the load provided by the consignor of the goods,\nor by the prime contractor for the transport of the goods, is\nnot in the holder.\n(a) is the driver of a vehicle transporting a placard load; and\n(b) fails to ensure that the vehicle’s emergency information holder\ncontains only—\n(i) the required emergency information for the dangerous\ngoods in the load; and\n(ii) the transport documentation for the goods.\n(a) is the driver of a vehicle transporting a placard load; and\n\nEmergency information Part 13.2\n(b) fails to produce the required emergency information for the\ndangerous goods in the load for inspection by an authorised\nperson, or a member of an emergency service, if the person or\nmember asks the driver to produce the information for\ninspection.\n","sortOrder":149},{"sectionNumber":"141","sectionType":"section","heading":"Approvals—emergency information","content":"141 Approvals—emergency information\nThe competent authority may, on application in accordance with\nsection 175 or on the authority’s own initiative, approve emergency\ninformation that does not comply with the ADG code, chapter 11.2 if\nthe authority considers that use of the information would be as\naccurate, and at least as convenient and efficient, as information that\ncomplies with the chapter.\n\n","sortOrder":150},{"sectionNumber":"142","sectionType":"section","heading":"Offence—owner—safety equipment","content":"142 Offence—owner—safety equipment\n(1) The owner of a road vehicle commits an offence if—\n(a) the owner uses the vehicle, or permits the vehicle to be used, to\ntransport a placard load; and\n","sortOrder":151},{"sectionNumber":"143","sectionType":"section","heading":"Offence—prime contractor—safety equipment","content":"143 Offence—prime contractor—safety equipment\n(a) the prime contractor uses a road vehicle to transport a placard\n(3) A prime contractor commits an offence if the prime contractor—\n(a) uses a road vehicle to transport a placard load; and\n\nSafety equipment Chapter 14\n(b) knows, or ought reasonably to know, that the equipment\nmentioned in subsection (1) (b) for the vehicle—\n(i) has not been inspected or tested in accordance with the\nADG code, part 12; or\n(ii) is not in good repair or is not in proper working order.\n","sortOrder":152},{"sectionNumber":"144","sectionType":"section","heading":"Offence—driver—safety equipment","content":"144 Offence—driver—safety equipment\n(a) the person drives a road vehicle transporting a placard load; and\n(a) drives a road vehicle transporting a placard load; and\n(b) knows, or ought reasonably to know, that the equipment\nmentioned in subsection (1) (b) for the vehicle—\n(i) is not stowed in accordance with the ADG code, part 12;\nor\n(ii) has not been inspected or tested in accordance with the\npart; or\n(iii) is not in good repair or is not in proper working order.\n\n","sortOrder":153},{"sectionNumber":"Part 15","sectionType":"part","heading":"1 Immobilised and stopped","content":"Part 15.1 Immobilised and stopped\nvehicles\n","sortOrder":154},{"sectionNumber":"145","sectionType":"section","heading":"Offence—driver—immobilised or stopped vehicle","content":"145 Offence—driver—immobilised or stopped vehicle\n(1) This section applies if a road vehicle transporting a placard load—\n(a) is broken down or otherwise immobilised, or has stopped, on a\nroad; and\n(b) is a traffic hazard.\n(2) The driver of the road vehicle must alert other road users of the hazard\nin accordance with the ADG code, part 13.\n(3) Subsection (2) does not apply if the driver of the road vehicle\ncomplies with the Road Transport (Road Rules) Regulation 2017,\nsection 227.\nmentioned in s (3) (see Criminal Code, s 58).\n","sortOrder":155},{"sectionNumber":"146","sectionType":"section","heading":"Offences—prime contractor—immobilised or stopped","content":"146 Offences—prime contractor—immobilised or stopped\nvehicle\n(a) the prime contractor knows, or ought reasonably to know, that\na road vehicle transporting a placard load has broken down or is\n\nImmobilised and stopped vehicles Part 15.1\n(b) the prime contractor fails to ensure, as soon as practicable, that\nthe vehicle is—\n(i) repaired so that it can be driven safely off the road; or\n(ii) towed to a place where it can be repaired.\n(a) the prime contractor knows, or ought reasonably to know, that\na road vehicle transporting a placard load has broken down or is\n(b) the prime contractor fails to—\n(i) remove the dangerous goods from the vehicle before the\nroad vehicle is repaired or towed; and\n(ii) transport the dangerous goods from the place of the\nbreakdown or immobilisation.\n(3) Subsection (2) does not apply if the risk involved in complying with\nsubsection (2) (b) is greater than the risk involved in not complying\nwith it.\nmentioned in s (3) (see Criminal Code, s 58).\n(4) A prime contractor commits an offence if—\n(a) the prime contractor knows, or ought reasonably to know, that a\nroad vehicle transporting a placard load has broken down or is\n(b) the road vehicle is carrying dangerous goods that would require\nthe driver of the road vehicle to hold a dangerous goods driver\n(c) the road vehicle is towed by a tow truck; and\n\n(d) the prime contractor fails to ensure that the driver of the tow\ntruck—\n(i) holds a dangerous goods driver licence that would\nauthorise the driver to drive a vehicle with the dangerous\ngoods; or\n(ii) is accompanied in the cabin of the tow truck by a person\nwho holds a dangerous goods driver licence that would\nauthorise the person to drive a vehicle with the dangerous\n\nGeneral precautions Part 15.1A\n","sortOrder":156},{"sectionNumber":"146A","sectionType":"section","heading":"Offence—prime contractor—parking","content":"146A Offence—prime contractor—parking\ndriver of a road vehicle to—\n(i) park the road vehicle otherwise than in accordance with the\nADG code, part 13; or\n(ii) leave the road vehicle standing otherwise than in\naccordance with the ADG code, part 13; and\n(c) the road vehicle is not parked or left standing in accordance with\nthe ADG code, part 13.\n","sortOrder":157},{"sectionNumber":"146B","sectionType":"section","heading":"Offence—prime contractor—unloading","content":"146B Offence—prime contractor—unloading\ndriver of a road vehicle to permit the dangerous goods to be\nunloaded other than in accordance with the ADG code, part 13;\nand\n(c) the dangerous goods are unloaded other than in accordance with\nthe ADG code, part 13.\n\n","sortOrder":158},{"sectionNumber":"146C","sectionType":"section","heading":"Offence—prime contractor—detaching trailer","content":"146C Offence—prime contractor—detaching trailer\ndriver of a road vehicle with a trailer to detach the trailer, or\npermit the trailer to be detached, from the vehicle other than in\naccordance with the ADG code, part 13; and\n(b) the direction or inducement results in the driver—\n(i) detaching the trailer other than in accordance with the\nADG code, part 13; or\n(ii) permitting another person to detach the trailer other than in\naccordance with the ADG code, part 13.\n","sortOrder":159},{"sectionNumber":"146D","sectionType":"section","heading":"Offence—prime contractor—heating placard load","content":"146D Offence—prime contractor—heating placard load\ndriver of a road vehicle equipped with a burner to do any of the\nfollowing, other than in accordance with the ADG code, part 13:\n(i) heat the placard load in the road vehicle;\n(ii) operate the burner;\n(iii) permit the burner to be operated; and\n(c) either of the following applies:\n(i) the placard load is heated other than in accordance with the\nADG code, part 13;\n\nGeneral precautions Part 15.1A\n(ii) the burner is operated other than in accordance with the\nADG code, part 13.\n\n","sortOrder":160},{"sectionNumber":"147","sectionType":"section","heading":"Offence—allowing other person to ride","content":"147 Offence—allowing other person to ride\n(a) is the driver of a road vehicle transporting a placard load; and\n(b) allows someone else to ride in the vehicle other than in\naccordance with the ADG code, part 13.\n","sortOrder":161},{"sectionNumber":"148","sectionType":"section","heading":"Offence—parking","content":"148 Offence—parking\n(a) is the driver of a road vehicle transporting a placard load; and\n(b) parks the vehicle, or leaves the vehicle standing, in a public or\nprivate place other than in accordance with the ADG code, part\n13.\n","sortOrder":162},{"sectionNumber":"149","sectionType":"section","heading":"Offence—ignition sources","content":"149 Offence—ignition sources\n(1) This section applies to a road vehicle transporting—\n(a) a load that contains—\n(b) the dangerous goods are UN division 2.1, UN class 3, 4 or 5\ndangerous goods or dangerous goods that have a subsidiary\nhazard of 2.1, 3, 4 or 5.1.\n\nVehicles—duties of drivers Part 15.2\n(2) The driver of the vehicle commits an offence if the driver has matches\nor a cigarette lighter in his or her possession in the road vehicle.\n(3) The driver of the vehicle commits an offence if the driver smokes in\nthe road vehicle.\n(4) The driver of the vehicle must do everything practicable to ensure that\nanyone else in the road vehicle does not—\n(a) have matches or a cigarette lighter in his or her possession; or\n(b) smoke.\n","sortOrder":163},{"sectionNumber":"150","sectionType":"section","heading":"Offence—unloading","content":"150 Offence—unloading\n(a) drives a road vehicle transporting a placard load; and\n(b) allows dangerous goods to be unloaded from the vehicle other\nthan in accordance with the ADG code, part 13.\n","sortOrder":164},{"sectionNumber":"151","sectionType":"section","heading":"Offence—detaching trailer","content":"151 Offence—detaching trailer\n(a) is the driver of a road vehicle that has attached to it a trailer\ntransporting a placard load; and\n\n(b) detaches the trailer or allows the trailer to be detached from the\nvehicle other than in accordance with the ADG code, part 13.\n","sortOrder":165},{"sectionNumber":"152","sectionType":"section","heading":"Offence—road tank vehicle with burner","content":"152 Offence—road tank vehicle with burner\n(a) the person drives a road tank vehicle transporting a placard load;\nand\n(b) the vehicle is equipped with a burner to heat the load; and\n(c) the person operates the burner or allows the burner to be\noperated other than in accordance with the ADG code, part 13.\n\nEmergencies generally Part 16.1\n","sortOrder":166},{"sectionNumber":"153","sectionType":"section","heading":"Offence—driver—dangerous situation","content":"153 Offence—driver—dangerous situation\n(1) This section applies if a road vehicle transporting dangerous goods is\n(2) The driver of the vehicle must tell the prime contractor, the competent\nauthority, and the police or fire service, about the incident as soon as\npracticable.\n(3) The driver of the vehicle must give the reasonable assistance required\nby an authorised person, or a member of an emergency service, to\ndeal with the situation.\n","sortOrder":167},{"sectionNumber":"154","sectionType":"section","heading":"Offence—prime contractor—food or food packaging","content":"154 Offence—prime contractor—food or food packaging\n(a) an incident involving a vehicle transporting dangerous goods\nresults in the leakage, spillage or accidental escape of the\ndangerous goods, or in a fire or explosion; and\n(b) there is food or food packaging in the vicinity of the incident\nthat is within the control of a prime contractor.\n(2) The prime contractor commits an offence if—\n(a) the food or food packaging is transported from the site of the\nincident; and\n\n(b) the competent authority has not given permission to the prime\ncontractor to transport the food or food packaging from the site.\n(3) For subsection (2) (b), the competent authority may give permission\nto a prime contractor to transport food or food packaging from the\nsite.\n(4) The permission—\n(a) must be in writing; and\n(b) must state the name of the prime contractor; and\n(c) must identify the incident; and\n(d) must identify the food or food packaging to which it relates; and\n(e) must take into consideration any requirements of the appropriate\nfood and health authorities; and\n(f) may contain any other information that the competent authority\nconsiders necessary.\n","sortOrder":168},{"sectionNumber":"155","sectionType":"section","heading":"Offence—prime contractor—fail to tell competent","content":"155 Offence—prime contractor—fail to tell competent\nauthority\n(1) This section applies if a vehicle transporting dangerous goods is\n(2) The prime contractor responsible for the transport of the goods\ncommits an offence if the prime contractor fails to give the competent\nauthority the following details about the incident, as soon as\npracticable after becoming aware of the incident:\n(a) where the incident happened;\n(b) the time and date of the incident;\n(c) the nature of the incident;\n\nEmergencies generally Part 16.1\n(d) the dangerous goods being transported when the incident\nhappened;\n(e) any other details that the competent authority requires.\n(3) The prime contractor responsible for the transport of the goods\ncommits an offence if the prime contractor fails to give the competent\nauthority a written report about the incident, stating the following\ninformation, not later than 21 days after the day when the incident\nhappens:\n(a) where the incident happened;\n(b) the time and date of the incident;\n(c) the nature of the incident;\n(d) what the driver believes to be the likely cause of the incident;\n(e) what the prime contractor believes to be the likely cause of the\nincident;\n(f) the dangerous goods being transported when the incident\nhappened;\n(g) the measures taken to control any leak, spill or accidental escape\nof dangerous goods and any fire or explosion, arising out of the\nincident;\n(h) the measures taken after the incident in relation to the dangerous\ngoods involved in the incident.\n\n","sortOrder":169},{"sectionNumber":"Part 16","sectionType":"part","heading":"2 Emergencies involving placard","content":"Part 16.2 Emergencies involving placard\nloads\n","sortOrder":170},{"sectionNumber":"156","sectionType":"section","heading":"Offences—telephone advisory service","content":"156 Offences—telephone advisory service\n(a) the prime contractor transports a load that contains—\n(b) a telephone advisory service for the transport of dangerous\ngoods is not available during the journey.\n(a) the person consigns a load that contains—\n(b) a telephone advisory service for the transport of dangerous\ngoods is not available during the journey.\n(4) To remove any doubt, a telephone advisory service may be provided\nby the prime contractor or consignor, or someone else.\n\nEmergencies involving placard loads Part 16.2\ntelephone advisory service, for the transport of dangerous goods,\nmeans a service providing access by a continuously monitored\ntelephone not located on the carrying vehicle to a person competent\nto give advice about—\n(a) the construction and properties of the receptacles in which the\ndangerous goods are being transported; and\n(b) the use of equipment on vehicles on which the dangerous goods\nare being transported; and\n(c) the properties of the dangerous goods; and\n(d) methods of safely handling the dangerous goods; and\n(e) methods of safely containing and controlling the dangerous\ngoods in a dangerous situation.\n","sortOrder":171},{"sectionNumber":"157","sectionType":"section","heading":"Offences—emergency plans","content":"157 Offences—emergency plans\n(1) A prime contractor commits an offence if the prime contractor—\n(a) transports a placard load; and\n(b) does not have an emergency plan for the transport of the load.\n(2) A prime contractor commits an offence if the prime contractor—\n(a) transports a placard load; and\n(b) becomes aware of a dangerous situation involving the placard\n(c) fails to comply with the emergency plan, to the extent that it\nrelates to the dangerous situation.\n\n(a) consigns a placard load for transport; and\n(b) does not have an emergency plan for the transport of the load.\n(4) A person commits an offence if the person—\n(a) consigns a placard load; and\n(b) becomes aware of a dangerous situation involving the placard\n(c) fails to comply with the emergency plan, to the extent that it\nrelates to the dangerous situation.\nemergency plan, for the transport of a placard load, means a written\nplan that—\n(a) includes, or substantially includes, information stated in the\nANZ-ERG to the extent that it is relevant to the load; but\n(b) does not include any information that is inconsistent with the\nANZ-ERG.\n\nEmergencies involving placard loads Part 16.2\n","sortOrder":172},{"sectionNumber":"158","sectionType":"section","heading":"Offence—consignor—information and resources","content":"158 Offence—consignor—information and resources\n(1) This section applies if a vehicle transporting a placard load is\n(2) As soon as practicable after being asked by an authorised person or a\nmember of an emergency service, the consignor of the goods must—\n(a) give to the person or member the information that he or she\nrequires about—\n(i) the properties of the dangerous goods being transported;\nand\n(ii) safe methods of handling the goods; and\n(iii) safe methods of containing and controlling the goods in a\ndangerous situation; and\n(b) provide the equipment and other resources necessary—\n(i) to control the dangerous situation; and\n(ii) to contain, control, recover and dispose of dangerous goods\nthat have leaked, spilled or accidentally escaped.\n(4) If the prime contractor and the consignor of the dangerous goods are\nasked to give the same information or provide the same resources for\nthe incident, it is sufficient if the consignor or the prime contractor\ngives the information or provides the resources.\n\n","sortOrder":173},{"sectionNumber":"159","sectionType":"section","heading":"Offence—prime contractor—information and resources","content":"159 Offence—prime contractor—information and resources\n(1) This section applies if a vehicle transporting a placard load is\n(2) As soon as practicable after being asked by an authorised person or a\nmember of an emergency service, the prime contractor must give to\nthe person or member the information that he or she requires about\nthe vehicle’s construction, properties and equipment.\n(3) As soon as practicable after being asked by an authorised person or a\nmember of an emergency service, the prime contractor must provide\nthe equipment and other resources necessary—\n(a) to control the dangerous situation; and\n(b) to recover a vehicle involved in the situation or its equipment.\n(5) If the prime contractor and the consignor of the dangerous goods are\nasked to give the same information or provide the same resources for\nthe incident, it is sufficient if the consignor gives the information or\nprovides the resources.\n\nRegisters of determinations, exemptions, approvals and licences Part 17.1\n","sortOrder":174},{"sectionNumber":"Part 17","sectionType":"part","heading":"1 Registers of determinations,","content":"Part 17.1 Registers of determinations,\nexemptions, approvals and\n","sortOrder":175},{"sectionNumber":"160","sectionType":"section","heading":"Registers","content":"160 Registers\nFor this regulation, each of the following is a register:\n(a) the register of determinations kept under section 35;\n(b) the register of exemptions kept under section 170;\n(c) the register of approvals kept under section 183;\n(d) the register of dangerous goods driver licences kept under\nsection 225;\n(e) the register of dangerous goods vehicle licences kept under\nsection 225.\n","sortOrder":176},{"sectionNumber":"161","sectionType":"section","heading":"Registers may be kept electronically","content":"161 Registers may be kept electronically\nA register may be kept electronically.\nA register may be kept in the form of, or as part of, 1 or more computer databases.\n","sortOrder":177},{"sectionNumber":"162","sectionType":"section","heading":"Inspection of registers","content":"162 Inspection of registers\n(1) The competent authority must ensure that each register is available\nfor inspection by corresponding authorities and the public.\n(2) The competent authority is taken to comply with subsection (1) in\nrelation to a register by ensuring that there is reasonable access to—\n(a) copies of information in the register; or\n(b) a computer terminal to inspect the register.\n\nPart 17.2 Recommendations by competent authority and corresponding authorities\nPart 17.2 Recommendations by competent\nauthority and corresponding\nauthorities\n","sortOrder":178},{"sectionNumber":"163","sectionType":"section","heading":"Recommendations by competent authority","content":"163 Recommendations by competent authority\n(1) This section applies if the competent authority considers that a ground\nexists for a corresponding authority to do any of the following (the\nproposed action):\n(a) revoke or vary a corresponding determination that is not a\ncorresponding administrative determination;\n(b) cancel or vary a corresponding administrative determination;\n(c) cancel or vary a corresponding approval or exemption;\n(d) cancel, suspend or vary a corresponding dangerous goods driver\nlicence or dangerous goods vehicle licence.\n(2) The competent authority may recommend, in writing, that the\ncorresponding authority take the proposed action.\n(3) The competent authority must give to the corresponding authority\nwritten reasons for the recommendation.\n(4) If the recommendation is about a determination (except an\nadministrative determination), approval or exemption that has effect\nin 1 or more other participating jurisdictions, the competent authority\nmust also refer the recommendation to CAP.\n","sortOrder":179},{"sectionNumber":"164","sectionType":"section","heading":"Recommendations by corresponding authorities","content":"164 Recommendations by corresponding authorities\n(1) This section applies if a corresponding authority recommends to the\ncompetent authority in writing that the competent authority do any of\nthe following:\n(a) revoke or vary a determination that is not an administrative\ndetermination;\n\nRecommendations by competent authority and corresponding authorities Part 17.2\n(b) cancel or vary an administrative determination;\n(c) cancel or vary an approval or exemption;\n(d) cancel, suspend or vary a dangerous goods driver licence or\ndangerous goods vehicle licence.\n(2) If the recommendation is about a determination (except an\nadministrative determination), approval or exemption that has effect\nin 1 or more other participating jurisdictions, the competent authority\nneed not take any action on the recommendation until CAP has\nconsidered the recommendation.\n(3) In any other case the competent authority must have regard to the\nrecommendation.\n\nPart 17.3 Mutual recognition of determinations, exemptions, approvals and\nPart 17.3 Mutual recognition of\ndeterminations, exemptions,\napprovals and licences\n","sortOrder":180},{"sectionNumber":"165","sectionType":"section","heading":"Corresponding determinations","content":"165 Corresponding determinations\n(1) This section applies to a determination made by a corresponding\nauthority if—\n(a) the determination is made under a provision of the law of the\nother jurisdiction corresponding to 1 of the following (the\nrelevant provision):\n(i) section 29 (Determinations—dangerous goods and\npackaging);\n(ii) section 30 (Determinations—vehicles, routes, areas and\ntimes); and\n(b) the determination has effect in the other jurisdiction; and\n(c) either of the following applies:\n(i) CAP has decided that the determination should have effect\nin all participating jurisdictions or participating\njurisdictions including the ACT and CAP has not reversed\nthe decision;\n(ii) the determination is an administrative determination.\n(2) The determination has effect in the ACT as if it were a determination\nmade by the competent authority under the relevant provision.\n(3) The determination is a notifiable instrument.\n(4) Subsection (3) does not apply to an administrative determination.\n\nMutual recognition of determinations, exemptions, approvals and\nPart 17.3\n","sortOrder":181},{"sectionNumber":"166","sectionType":"section","heading":"Corresponding exemptions","content":"166 Corresponding exemptions\n(1) This section applies to an exemption granted by a corresponding\nauthority if—\n(a) the exemption is granted for a provision of the law of the other\njurisdiction corresponding to a provision (the relevant\nprovision) of this regulation; and\n(b) the exemption has effect in the other jurisdiction; and\n(c) CAP has decided that the exemption should have effect in all\nparticipating jurisdictions or participating jurisdictions\nincluding the ACT, and CAP has not reversed the decision.\n(2) The exemption has effect in the ACT as if it were an exemption\ngranted by the competent authority for the relevant provision for\n10 years after the day on which CAP made its decision unless—\n(a) the decision is sooner reversed by CAP; or\n(b) the exemption is sooner cancelled or varied by the\ncorresponding authority; or\n(c) the exemption sooner expires or otherwise ceases to have effect.\n","sortOrder":182},{"sectionNumber":"167","sectionType":"section","heading":"Corresponding approvals","content":"167 Corresponding approvals\n(1) This section applies to an approval given in another jurisdiction by a\ncorresponding authority if—\n(a) the approval is given under a provision of the law of the other\njurisdiction corresponding to a provision (the relevant\nprovision) of any of the following:\n(i) section 28 (Approvals—tests and training courses for\ndrivers);\n(ii) section 50 (Approvals—packaging designs);\n(iii) section 53 (Approvals—overpack preparation method);\n\nPart 17.3 Mutual recognition of determinations, exemptions, approvals and\n(iv) section 117 (Approvals—segregation devices);\n(v) section 118 (Approvals—methods of segregation);\n(vi) section 141 (Approvals—emergency information);\n(vii) section 239 (Approvals—insurance); and\n(b) the approval has effect in the other jurisdiction; and\n(c) CAP has decided that the approval should have effect in all\nparticipating jurisdictions or participating jurisdictions\nincluding the ACT, and CAP has not reversed the decision.\n(2) The approval has effect in the ACT as if it were an approval given by\nthe competent authority under the relevant provision.\n","sortOrder":183},{"sectionNumber":"168","sectionType":"section","heading":"Corresponding licences","content":"168 Corresponding licences\n(1) This section applies to a licence granted for road transport in another\njurisdiction if—\n(a) the licence is a licence granted under a provision of the law of\nthe other jurisdiction corresponding to section 202 (Grant of\ndangerous goods driver licences), or section 213 (Grant of\ndangerous goods vehicle licences), (the relevant provision); and\n(b) the licence has effect in the other jurisdiction.\n(2) Except for circumstances that do not exist in the ACT, the licence has\neffect in the ACT as if it were a licence granted by the competent\nauthority under the relevant provision.\n\nMutual recognition of determinations, exemptions, approvals and\nPart 17.3\n","sortOrder":184},{"sectionNumber":"168A","sectionType":"section","heading":"Referring corresponding determinations etc to CAP for","content":"168A Referring corresponding determinations etc to CAP for\nmutual recognition\nThe competent authority may refer to CAP a determination,\nexemption or approval made by a corresponding authority if the\ncompetent authority considers that the determination, exemption or\napproval should have effect, under section 165, section 166 or\nsection 167 in—\n(a) all participating jurisdictions; or\n(b) the ACT and 1 or more participating jurisdictions.\n\n","sortOrder":185},{"sectionNumber":"169","sectionType":"section","heading":"Applications for exemptions","content":"169 Applications for exemptions\n(1) An application for an exemption must—\n(a) be made in writing to the competent authority; and\n(b) be signed and dated by or for the applicant; and\n(c) state the applicant’s name and address; and\n(d) state the name of the person to whom, or the name, or a\ndescription, of the class of persons to which, the application\nrelates; and\n(e) state the provisions of this regulation and of the ADG code, to\nwhich the application relates; and\n(f) state the dangerous goods to which the application relates; and\n(g) state why, in the applicant’s opinion, compliance with the\nprovisions is not reasonably practicable; and\n(h) state why, in the applicant’s opinion, the exemption is not likely\nto involve a greater risk than the risk involved in complying with\nthe provisions; and\n(i) if the application relates to a vehicle, equipment, packaging or\nother thing—describe the thing; and\n(j) state the period for which the exemption is sought; and\n(k) state the geographical area within which the exemption is to\nhave effect.\n(2) The competent authority may, by written notice, require the applicant\nto give to the authority any additional information necessary for a\nproper consideration of the application.\n\nExemptions Chapter 18\nExemptions—general Part 18.1\n","sortOrder":186},{"sectionNumber":"170","sectionType":"section","heading":"Register of exemptions","content":"170 Register of exemptions\n(1) The competent authority must keep a register of exemptions.\nexemptions.\n(a) each exemption granted by the authority; and\n(b) each corresponding exemption.\n(4) The competent authority must note in the register—\n(a) the cancellation or variation of an exemption granted by the\nexemption should have effect in all participating jurisdictions or\nparticipating jurisdictions including the ACT.\n","sortOrder":187},{"sectionNumber":"171","sectionType":"section","heading":"Records of exemptions","content":"171 Records of exemptions\nThe record of an exemption in the register must include—\n(a) the terms of the exemption; or\n(i) if the exemption was published in a participating\njurisdiction (including the ACT)—details of the\npublication including the date of publication;\n(ii) the name of the person to whom, or the name, or a\ndescription, of the class of persons to which, the exemption\napplies;\n(iii) the date when the exemption was granted;\n(iv) the provisions of this regulation, and of the ADG code, to\nwhich the exemption relates;\n\n(v) the period for which the exemption has effect;\n(vi) the dangerous goods, equipment, packaging, vehicle or\nother thing to which the exemption relates.\nExamples—par (i)\n• notification on the ACT legislation register\n• publication in the government gazette of a participating jurisdiction\n\nExemptions Chapter 18\nReference of matters to CAP Part 18.2\n","sortOrder":188},{"sectionNumber":"172","sectionType":"section","heading":"References to CAP—applications","content":"172 References to CAP—applications\n(1) The competent authority must refer an application for an exemption\nto CAP if the Authority considers that the exemption should have\neffect in all participating jurisdictions or participating jurisdictions\nincluding the ACT.\n(2) The competent authority must refer to CAP an exemption having\neffect in the ACT and 1 or more other participating jurisdictions if—\n(a) the authority considers that the exemption should be cancelled\nor varied; or\n(b) a corresponding authority recommends to the competent\nauthority in writing that the exemption should be cancelled or\nvaried.\n","sortOrder":189},{"sectionNumber":"173","sectionType":"section","heading":"Effect of CAP decisions about applications","content":"173 Effect of CAP decisions about applications\n(a) an application for an exemption is referred to CAP under\nsection 172 (1); and\n(b) CAP decides—\n(i) that the exemption should be granted, what the terms of the\nexemption should be, and that the exemption should have\neffect in all participating jurisdictions or participating\njurisdictions including the ACT; or\n(ii) that the exemption should not have effect in the ACT.\n(2) The competent authority must have regard to CAP’s decision.\n\n","sortOrder":190},{"sectionNumber":"174","sectionType":"section","heading":"Effect of CAP decisions about cancelling or varying","content":"174 Effect of CAP decisions about cancelling or varying\nexemptions\n(a) an exemption is referred to CAP under section 172 (2); and\n(b) CAP decides that the exemption—\n(i) should, or should not, be cancelled; or\n(ii) should be varied (whether or not CAP’s decision is the\nsame as the variation proposed by the authority), and\nshould have effect as varied in all participating\njurisdictions or participating jurisdictions including the\nACT; or\n(iii) should not be varied (whether or not CAP’s decision is the\nsame as the variation proposed by the authority).\n(2) The competent authority must have regard to CAP’s decision.\n\nChapter 19 Administrative determinations\nand approvals\nPart 19.1 Administrative determinations\nand approvals—general\n175 Applications\n(1) An application for an administrative determination or approval, or for\nthe variation of an administrative determination or approval, must be\nmade to the competent authority in writing.\n(2) An application for the variation of an administrative determination or\napproval must have the determination or approval with it.\n(3) The competent authority may, in writing, require an applicant to give\nto the authority any additional information necessary for a proper\nconsideration of the application.\n","sortOrder":191},{"sectionNumber":"176","sectionType":"section","heading":"Form of administrative determinations and approvals","content":"176 Form of administrative determinations and approvals\nAn administrative determination, or an approval given on application,\nmust be in writing.\n","sortOrder":192},{"sectionNumber":"177","sectionType":"section","heading":"When administrative determinations and approvals not to","content":"177 When administrative determinations and approvals not to\nbe made\nThe competent authority must not make an administrative\ndetermination on the application of, or give an approval under this\nregulation to, a person who is prohibited by a court order from\ninvolvement in the transport of dangerous goods.\n\n","sortOrder":193},{"sectionNumber":"Part 19","sectionType":"part","heading":"1 Administrative determinations and approvals—general","content":"Part 19.1 Administrative determinations and approvals—general\n","sortOrder":194},{"sectionNumber":"178","sectionType":"section","heading":"Reasons for refusal of applications","content":"178 Reasons for refusal of applications\n(1) This section applies if the competent authority refuses an application\nto—\n(a) make or vary an administrative determination; or\n(b) give or vary an approval.\n(2) The competent authority must tell the applicant in writing about the\nrefusal and give reasons for the refusal.\n","sortOrder":195},{"sectionNumber":"179","sectionType":"section","heading":"Periods and conditions","content":"179 Periods and conditions\n(1) An administrative determination or approval under this regulation has\neffect for the period stated in the determination or approval.\n(2) A condition to which an administrative determination, or approval, is\nsubject must be stated in the determination or approval.\n","sortOrder":196},{"sectionNumber":"180","sectionType":"section","heading":"Replacement administrative determinations and","content":"180 Replacement administrative determinations and\nThe competent authority must issue to a person to whom an\nadministrative determination applies, or an approval is given, a\nreplacement determination or approval if—\n(a) the determination or approval is varied; or\n(b) the authority is satisfied that the determination or approval has\nbeen defaced, destroyed, lost or stolen.\n","sortOrder":197},{"sectionNumber":"181","sectionType":"section","heading":"Grounds for cancelling administrative determinations and","content":"181 Grounds for cancelling administrative determinations and\n(1) An administrative determination or approval may be cancelled if the\napplication for the determination or approval—\n\n(2) An administrative determination or approval may be cancelled if—\n(a) a relevant change has happened since the determination was\nmade or the approval was given; and\n(b) if the change had happened earlier—\n(i) the determination would not have been made; or\n(ii) the approval would not have been given.\n(3) An administrative determination or approval may be cancelled if the\nperson on whose application the determination was made, or to whom\nthe approval was given, is unsuitable to continue to be a person to\nwhom the determination applies, or the approval was given, because\nthe person has contravened—\n(a) a provision of the Act; or\n(b) a provision of the law in force in another participating\njurisdiction corresponding to a provision of the Act.\n(4) In this section:\nrelevant change, for a determination or approval, means a change\nabout something that the competent authority may or must consider\nin deciding whether to make the determination or give the approval.\n\nPart 19.1 Administrative determinations and approvals—general\n","sortOrder":198},{"sectionNumber":"182","sectionType":"section","heading":"Grounds for varying administrative determinations and","content":"182 Grounds for varying administrative determinations and\n(1) An administrative determination or approval may be varied if the\napplication for the determination or approval—\n(2) An administrative determination or approval may be varied if—\n(a) a relevant change has happened since the determination was\nmade or the approval was given; and\n(b) if the change had happened earlier—\n(i) the determination would have been made in the way in\nwhich it is proposed to be varied; or\n(ii) the approval would have been given in the way in which it\nis proposed to be varied.\n(3) An administrative determination or approval may be varied if the\nperson on whose application the determination was made, or to whom\nthe approval was given, is unsuitable to continue to be a person to\nwhom the determination applies, or the approval was given, without\nvariation because the person has contravened—\n(a) a provision of the Act; or\n(b) a provision of the law in force in another participating\njurisdiction corresponding to a provision of the Act.\n\n(4) For subsection (3), an administrative determination applying to 2 or\nmore people may be varied by removing the name of the person who\nis unsuitable under that subsection, even if the person applied for the\ndetermination under section 31.\nrelevant change, for a determination or approval, means a change\nabout something that the competent authority may or must consider\nin deciding whether to make the determination or give the approval.\n\n","sortOrder":199},{"sectionNumber":"182A","sectionType":"section","heading":"Referrals—determinations should apply to participating","content":"182A Referrals—determinations should apply to participating\njurisdictions\nThe competent authority must refer to CAP a determination, or\napplication for a determination, under chapter 3 if the authority\nconsiders that the determination should have effect in—\n(a) all participating jurisdictions; or\n(b) the ACT and 1 or more other participating jurisdictions.\n","sortOrder":200},{"sectionNumber":"182B","sectionType":"section","heading":"Referrals—determinations should be cancelled or varied","content":"182B Referrals—determinations should be cancelled or varied\nThe competent authority must refer to CAP a determination having\neffect in the ACT and at least 1 other participating jurisdiction if—\n(a) the authority considers that the determination should be\ncancelled or varied; or\n(b) a corresponding authority recommends to the authority, in\nwriting, that the determination should be cancelled or varied.\n","sortOrder":201},{"sectionNumber":"182C","sectionType":"section","heading":"Taking into account CAP’s decisions—referrals under","content":"182C Taking into account CAP’s decisions—referrals under\ns 182A\nIf a determination, or application for a determination, is referred to\nCAP under section 182A, the competent authority must take into\naccount a decision of CAP that—\n(a) the determination—\n(i) should be made on stated terms; and\n(ii) should have effect in—\n(A) all participating jurisdictions; or\n(B) the ACT and 1 or more other participating\njurisdictions; or\n\nReferring determinations to CAP Part 19.1A\n(b) the determination should not have effect in the ACT.\n","sortOrder":202},{"sectionNumber":"182D","sectionType":"section","heading":"Taking into account CAP’s decisions—referrals under","content":"182D Taking into account CAP’s decisions—referrals under\ns 182B\nIf a determination is referred to CAP under section 182B, the\ncompetent authority must take into account a decision of CAP that—\n(a) the determination should or should not be cancelled; or\n(b) the determination—\n(i) should be varied, whether or not as proposed by the\n(ii) should have effect, as varied, in—\n(A) all participating jurisdictions; or\n(B) the ACT and 1 or more other participating\njurisdictions; or\n(c) the determination should not be varied.\n\n","sortOrder":203},{"sectionNumber":"183","sectionType":"section","heading":"Register","content":"183 Register\n(1) The competent authority must keep a register of approvals.\napprovals.\n(a) each approval given in writing under this regulation; and\n(b) each corresponding approval.\n(4) The competent authority must note in the register—\n(a) the cancellation or variation of a written approval; and\napproval should have effect in all participating jurisdictions or\nparticipating jurisdictions including the ACT.\n","sortOrder":204},{"sectionNumber":"184","sectionType":"section","heading":"Records of approvals","content":"184 Records of approvals\nThe record of an approval in the register must include—\n(a) the terms of the approval; or\n(i) the name of the person to whom the approval was given;\n(ii) the date when the approval was given;\n(iii) the provisions of this regulation, and of the ADG code, to\nwhich the approval relates;\n(iv) the period for which the approval has effect;\n(v) the dangerous goods, equipment, packaging, vehicle or\nother thing to which the approval relates.\n\nReference of approval matters to CAP Part 19.3\nPart 19.3 Reference of approval matters to\nCAP\n","sortOrder":205},{"sectionNumber":"185","sectionType":"section","heading":"References to CAP—approvals","content":"185 References to CAP—approvals\n(1) The competent authority must refer an application for an approval to\nCAP if the authority considers that the approval should have effect in\nall participating jurisdictions or participating jurisdictions including\nthe ACT.\n(2) The competent authority must refer to CAP an approval having effect\nin the ACT, and at least 1 other participating jurisdiction, if—\n(a) the authority considers that the approval should be cancelled or\nvaried; or\n(b) a corresponding authority recommends to the competent\nauthority in writing that the approval should be cancelled or\nvaried.\n","sortOrder":206},{"sectionNumber":"186","sectionType":"section","heading":"Effect of CAP decisions about applications","content":"186 Effect of CAP decisions about applications\n(a) an application for an approval is referred to CAP under\nsection 185 (1); and\n(b) CAP decides—\n(i) that the approval should be given, what the terms of the\napproval should be, and that the approval should have\neffect in all participating jurisdictions or participating\njurisdictions including the ACT; or\n(ii) that the approval should not have effect in the ACT.\n(2) The competent authority must have regard to the decision.\n\nPart 19.3 Reference of approval matters to CAP\n","sortOrder":207},{"sectionNumber":"187","sectionType":"section","heading":"Effect of CAP decisions about cancelling or varying","content":"187 Effect of CAP decisions about cancelling or varying\n(a) an approval is referred to CAP under section 185 (2); and\n(b) CAP decides that the approval—\n(i) should, or should not, be cancelled; or\n(ii) should be varied (whether or not CAP’s decision is the\nsame as the variation proposed by the authority), and\nshould have effect as varied in all participating\njurisdictions or in participating jurisdictions including the\nACT; or\n(iii) should not be varied.\n(2) The competent authority must have regard to the decision.\n\nCancellation and variation Part 19.4\n","sortOrder":208},{"sectionNumber":"188","sectionType":"section","heading":"Cancellation and variation in dangerous situations","content":"188 Cancellation and variation in dangerous situations\nThe competent authority must cancel or vary an administrative\ndetermination or an approval if the competent authority reasonably\nbelieves that—\n(a) a ground exists to cancel or vary the determination or approval;\nand\n(b) it is necessary to do so to avoid, eliminate or minimise a\ndangerous situation.\n","sortOrder":209},{"sectionNumber":"189","sectionType":"section","heading":"Cancellation giving effect to court orders","content":"189 Cancellation giving effect to court orders\n(1) The competent authority must cancel an administrative determination\nor an approval if the person to whom the determination or approval\napplies is prohibited by a court order from involvement in the\ntransport of dangerous goods.\n(2) If an approval applies to more than 1 person, subsection (1) only\nrequires the competent authority to ensure that the approval no longer\napplies to the person who is the subject of the prohibition.\n","sortOrder":210},{"sectionNumber":"190","sectionType":"section","heading":"Variation of administrative determinations and approvals","content":"190 Variation of administrative determinations and approvals\non application\n(a) an application is made to vary an administrative determination\nor an approval; and\n(b) the application is made in accordance with section 175 by the\nperson to whom the determination applies or to whom the\napproval is given.\n(2) The competent authority may vary the determination or approval in\naccordance with the application.\n\n","sortOrder":211},{"sectionNumber":"191","sectionType":"section","heading":"Cancellation and variation in other circumstances","content":"191 Cancellation and variation in other circumstances\n(a) the competent authority considers that a ground exists to cancel\nor vary an administrative determination or an approval (the\nproposed action); and\n(b) section 188, section 189 and section 190 do not apply to the\nproposed action.\n(2) The competent authority must give to the person to whom the\ndetermination applies or the approval was given a written notice\nthat—\n(a) states what the proposed action is; and\n(b) if the proposed action is to vary the determination or approval—\nsets out the proposed variation; and\n(c) sets out the ground for the proposed action; and\n(d) outlines the facts and other circumstances forming the basis for\nthe ground; and\n(e) invites the person to state in writing, within a stated period of at\nleast 28 days after the day when the notice is given to the person,\nwhy the proposed action should not be taken.\n(3) If, after considering any written statement made within the stated\nperiod, the competent authority reasonably believes that a ground\nexists to take the proposed action, the authority may—\n(a) cancel or vary the determination or approval; or\n(b) if the proposed action is to vary the determination or approval in\na stated way—vary the determination or approval in that way.\n\nCancellation and variation Part 19.4\n","sortOrder":212},{"sectionNumber":"192","sectionType":"section","heading":"When cancellation or variation takes effect","content":"192 When cancellation or variation takes effect\nThe cancellation or variation of an administrative determination or an\napproval by the competent authority takes effect on—\n(a) the day when the person to whom the determination applies, or\nthe approval is given, is given written notice by the authority of\nthe cancellation or variation and of the reasons for the\ncancellation or variation; or\n(b) if a later day is stated in the notice—the later day.\n\n","sortOrder":213},{"sectionNumber":"193","sectionType":"section","heading":"Meaning of licensing authority—ch 20","content":"193 Meaning of licensing authority—ch 20\nIn this chapter:\nlicensing authority means—\n(a) the competent authority; or\n(b) a person or body authorised by the competent authority to issue\nlicences under this chapter.\n","sortOrder":214},{"sectionNumber":"194","sectionType":"section","heading":"Application—ch 20","content":"194 Application—ch 20\nDespite anything else in this chapter, this chapter does not apply to\nthe transport by road of dangerous goods on a vehicle if—\n(a) the goods are transported in an IBC; and\n(b) the IBC is not filled or emptied on the vehicle; and\n(c) the total capacity of IBCs containing dangerous goods on the\nvehicle is not more than 3 000L.\n","sortOrder":215},{"sectionNumber":"195","sectionType":"section","heading":"Relationship to other laws—ch 20","content":"195 Relationship to other laws—ch 20\nThis chapter is in addition to any other law in force in the Territory\nabout—\n(a) the licensing of drivers; or\n(b) the employment or engaging of drivers; or\n(c) the registration of vehicles; or\n(d) the transport of goods by road.\n\nVehicles and drivers to be licensed Part 20.2\n","sortOrder":216},{"sectionNumber":"Part 20","sectionType":"part","heading":"2 Vehicles and drivers to be","content":"Part 20.2 Vehicles and drivers to be\nlicensed\n","sortOrder":217},{"sectionNumber":"196","sectionType":"section","heading":"Vehicles transporting certain kinds of dangerous goods","content":"196 Vehicles transporting certain kinds of dangerous goods\nto be licensed\n(1) A person contravenes this regulation if the person uses a vehicle to\ntransport—\n(a) dangerous goods in a receptable with a capacity of more than\n500L; or\n(b) dangerous goods of more than 500kg in a receptable.\n(2) Subsection (1) does not apply if the vehicle—\n(a) is licensed under this chapter to be used as described in\nsubsection (1); or\n(b) is, under an administrative determination, not required to be\nlicensed to be used as described in subsection (1).\nNote A dangerous goods driver licence may be cancelled or varied because the\nlicensee has contravened this regulation (see s 208 (2) (a) (i)).\n","sortOrder":218},{"sectionNumber":"197","sectionType":"section","heading":"Drivers of vehicles transporting certain kinds of","content":"197 Drivers of vehicles transporting certain kinds of\ndangerous goods to be licensed\nA person contravenes this regulation if the person drives a vehicle\ntransporting any of the following goods unless the person holds a\ndangerous goods driver licence that authorises the person to drive the\nvehicle transporting the goods:\n(a) dangerous goods in a receptable with a capacity of more than\n500L; or\n(b) dangerous goods of more than 500kg in a receptable.\nNote A dangerous goods driver licence may be cancelled or varied because the\nlicensee has contravened this regulation (see s 208 (2) (a) (i)).\n\nNote For the carriage of security sensitive substances under the Dangerous\nSubstances (General) Regulation 2004, a carrying licence under that\nregulation is also required.\n","sortOrder":219},{"sectionNumber":"198","sectionType":"section","heading":"Application for licence","content":"198 Application for licence\n(1) A person resident in the Territory who is not the holder of a dangerous\ngoods driver licence or a corresponding dangerous goods driver\nlicence may apply to the licensing authority for a dangerous goods\ndriver licence.\n(2) The application must be accompanied by—\n(a) the driver licence evidence required under section 199; and\n(b) the competency evidence required by section 200; and\n(c) the medical fitness evidence required by section 201; and\n(d) 2 photographs of the applicant of a size suitable for passports\nthat were taken not more than 6 months before the day when the\napplication is made.\n","sortOrder":220},{"sectionNumber":"199","sectionType":"section","heading":"Driver licence—evidence","content":"199 Driver licence—evidence\n(1) The following documents are required as driver licence evidence for\nan application for the grant or renewal of a dangerous goods driver\nlicence:\n(a) a current certified extract of entries about the applicant in the\ndriving licences register kept by the driver licensing authority in\neach jurisdiction where the applicant has held a licence to drive;\n(i) the document mentioned in subsection (3); or\n(ii) the authorisation mentioned in subsection (4).\n\n(2) For subsection (1) (a), a current certified extract is an extract certified\nby the driver licensing authority not more than 6 months before the\nday when the application is made.\n(3) For subsection (1) (b) (i), the document is a copy, certified by the\nappropriate authority of the jurisdiction where the applicant was\nconvicted, of the records of any conviction of the applicant for a\ndriving offence.\n(4) For subsection (1) (b) (ii), the authorisation is the authorisation by the\napplicant for the licensing authority to have access to—\n(a) entries about the applicant in the driver licences register of any\nState or Territory; and\n(b) records of any conviction of the applicant for a driving offence\nin any State or Territory.\n","sortOrder":221},{"sectionNumber":"200","sectionType":"section","heading":"Required competency evidence","content":"200 Required competency evidence\n(1) A document mentioned in subsection (2) is required as competency\nevidence for an application for the grant or renewal of a dangerous\ngoods driver licence.\n(2) The document must be either—\n(a) a certificate issued, not more than 6 months before the day when\nthe application is made, by a person who conducted an approved\ntest or approved training course stating that the applicant passed\nthe test or completed the course; or\n(b) other written evidence that the applicant passed an approved test\nor completed an approved training course not more than\n6 months before the day when the application is made.\n\n","sortOrder":222},{"sectionNumber":"201","sectionType":"section","heading":"Required medical fitness evidence","content":"201 Required medical fitness evidence\n(1) The certificate mentioned in subsection (2) is required as medical\nfitness evidence for an application for the grant or renewal of a\ndangerous goods driver licence.\n(2) The certificate must be—\n(a) about the medical fitness of the applicant to drive a road vehicle;\nand\n(b) issued by a registered medical practitioner who, not more than 6\nmonths before the day when the application is made, examined\nand passed the applicant in accordance with the standards in the\nAFG guidelines.\n","sortOrder":223},{"sectionNumber":"202","sectionType":"section","heading":"Grant of dangerous goods driver licences","content":"202 Grant of dangerous goods driver licences\n(1) The licensing authority must grant a dangerous goods driver licence\nif—\n(a) an application is made to the authority for the licence; and\n(b) the application complies with section 198.\n(2) However, the licensing authority must not grant the licence if—\n(a) in the 5 years before the day when the application is made—\n(i) the applicant has been found guilty by a court in Australia\nof an offence that makes the applicant unsuitable to be the\ndriver of a vehicle transporting dangerous goods; or\n(ii) the applicant’s driver licence has been cancelled or\nsuspended on a ground that makes the applicant unsuitable\nto be the driver of a vehicle transporting dangerous goods;\nor\n(b) the applicant is subject to a court order prohibiting the applicant\nfrom involvement in the transport of dangerous goods by road.\n\n(3) If the licensing authority refuses to grant a dangerous goods driver\nlicence, it must tell the applicant in writing of the refusal and of the\nreasons for the refusal.\n","sortOrder":224},{"sectionNumber":"203","sectionType":"section","heading":"Applications for renewal of licences","content":"203 Applications for renewal of licences\n(1) A person who holds a dangerous goods driver licence may apply to\nthe licensing authority for the renewal of the licence.\n(2) The application must be accompanied by—\n(a) the driver licence evidence required under section 199; and\n(b) the competency evidence required by section 200; and\n(c) the medical fitness evidence required by section 201; and\n(d) 2 photographs of the applicant of a size suitable for passports\nthat were taken not more than 6 months before the day when the\napplication is made.\n","sortOrder":225},{"sectionNumber":"204","sectionType":"section","heading":"Renewal of driver licences","content":"204 Renewal of driver licences\n(1) The licensing authority must renew a dangerous goods driver licence\nif—\n(a) an application is made to it for renewal of the licence; and\n(b) the application complies with section 203.\n(2) However, the licensing authority must not renew the licence if—\n(a) while the licence had effect—\n(i) the applicant was found guilty by a court in Australia of an\noffence that makes the applicant unsuitable to be the driver\nof a vehicle transporting dangerous goods; or\n(ii) the applicant’s driver licence has been cancelled or\nsuspended on a ground that makes the applicant unsuitable\nto be the driver of a vehicle transporting dangerous goods;\nor\n\n(b) the applicant is subject to a court order prohibiting the applicant\nfrom involvement in the transport of dangerous goods by road.\n(3) If the licensing authority refuses to renew a dangerous goods driver\nlicence, it must tell the applicant in writing of the refusal and of the\nreasons for the refusal.\n","sortOrder":226},{"sectionNumber":"205","sectionType":"section","heading":"Driver licence periods","content":"205 Driver licence periods\n(1) A dangerous goods driver licence is granted for the period specified\nin the licence, being a period not longer than 5 years.\n(2) A dangerous goods driver licence takes effect on the day when the\nlicence is granted or a later day specified in the licence.\n(3) A dangerous goods driver licence is renewed for the period specified\nin the renewed licence, being a period not longer than 5 years.\n","sortOrder":227},{"sectionNumber":"206","sectionType":"section","heading":"Driver licence conditions","content":"206 Driver licence conditions\n(1) The licensing authority may grant or renew a dangerous goods driver\nlicence subject to conditions mentioned in subsections (3) and (4).\n(2) A condition to which the licence is subject must be stated in the\n(3) The licence may be subject to conditions about—\n(a) the dangerous goods that may or may not be transported in a\nroad vehicle driven by the licensee; and\n(b) the packaging that may or may not be used to transport\ndangerous goods in a road vehicle driven by the licensee; and\n(c) the road vehicles that may be driven by the licensee in\ntransporting dangerous goods; and\n(d) the areas where the licensee may or may not drive a road vehicle\ntransporting dangerous goods or particular dangerous goods;\nand\n\n(e) the supervision of the licensee when driving a road vehicle\ntransporting dangerous goods.\n(4) The licence may be subject to any other condition necessary for the\nsafe transport of dangerous goods by road.\n","sortOrder":228},{"sectionNumber":"207","sectionType":"section","heading":"Additional condition","content":"207 Additional condition\n(1) It is a condition of a dangerous goods driver licence that the licensing\nauthority may, by written notice given to the licensee, require the\nlicensee to produce to the authority a certificate—\n(a) about the medical fitness of the licensee to drive a road vehicle;\nand\n(b) issued by a registered medical practitioner who, not more than 6\nmonths before the day when the certificate is given to the\nauthority, examined and passed the licensee in accordance with\nthe standards in the AFG guidelines.\n(2) The written notice must state a period of at least 2 months after the\nday when the notice is received by the licensee within which the\nlicensee must produce the certificate.\n(3) The licensing authority must not give written notice under this section\nif the period of validity of the dangerous goods driver licence is less\nthan 4 months.\n","sortOrder":229},{"sectionNumber":"208","sectionType":"section","heading":"Grounds for cancelling, suspending or varying licence","content":"208 Grounds for cancelling, suspending or varying licence\n(1) A dangerous goods driver licence may be cancelled, suspended or\nvaried if the application for the licence or an application for its\nrenewal—\n\n(2) A dangerous goods driver licence may be cancelled or varied if the\nlicensee is unsuitable to continue to be the driver of a road vehicle\ntransporting dangerous goods because—\n(a) the licensee has contravened—\n(i) the Act; or\n(ii) a provision of the law in force in another participating\njurisdiction corresponding to a provision of the Act; or\nNote A reference to an Act includes a reference to the statutory\ninstruments made or in force under the Act, including this\nregulation (see Legislation Act, s 104).\n(b) the licensee has been found guilty by a court in Australia of an\noffence; or\n(c) the licensee’s driver licence is cancelled; or\n(d) the licensee is suffering from a medical condition, or has a\nphysical or mental disability.\n","sortOrder":230},{"sectionNumber":"209","sectionType":"section","heading":"Offence—licence to be carried","content":"209 Offence—licence to be carried\n(1) The holder of a dangerous goods driver licence must carry his or her\ndangerous goods driver licence when driving a road vehicle\ntransporting dangerous goods that are in a receptacle with a capacity\nof more than 500L or 500kg.\n\nPart 20.4 Dangerous goods vehicle\n","sortOrder":231},{"sectionNumber":"210","sectionType":"section","heading":"Meaning of vehicle—pt 20.4","content":"210 Meaning of vehicle—pt 20.4\n(1) In this part:\nvehicle does not include—\n(a) a prime mover; or\n(b) a converter dolly.\n(2) In this section:\nconverter dolly—see the Road Transport (Vehicle Registration)\nRegulation 2000, dictionary.\nNote Converter dolly is defined as a trailer with 1 axle group or single axle and\na fifth wheel coupling, designed to convert a semi-trailer into a dog\ntrailer.\nprime mover means a road vehicle that is designed to tow a trailer but\ndoes not include a vehicle that has a load carrying capacity in addition\nto a trailer.\n","sortOrder":232},{"sectionNumber":"211","sectionType":"section","heading":"Applications for licences","content":"211 Applications for licences\n(1) A person may apply to the licensing authority for a dangerous goods\nvehicle licence for a road vehicle—\n(a) used, or intended to be used, in transporting dangerous goods;\nand\n(b) for which the person does not hold a dangerous goods vehicle\n(2) The application must include the following information:\n(a) the registration number, make and type of the road vehicle;\n\n(b) the type of dangerous goods intended to be transported in the\nvehicle;\n(c) if the applicant holds a dangerous goods vehicle licence for\nanother vehicle—the number of the other licence.\n","sortOrder":233},{"sectionNumber":"212","sectionType":"section","heading":"Additional information and inspections","content":"212 Additional information and inspections\n(1) The licensing authority may, by written notice, require an applicant\nfor a dangerous goods vehicle licence, or for the renewal of a\ndangerous goods vehicle licence, for a vehicle—\n(a) to give to the authority, or to someone nominated by the\nauthority, any additional information necessary for a proper\nconsideration of the application; and\n(b) to make the vehicle available for inspection by the authority, or\nby someone nominated by the authority, at a stated place and\ntime.\n(2) A person who inspects a vehicle for the licensing authority must give\na report of the inspection to the authority as soon as practicable after\nthe inspection.\n(3) The licensing authority must give a copy of any report of an\ninspection to the applicant if the applicant asks for it.\n","sortOrder":234},{"sectionNumber":"213","sectionType":"section","heading":"Grant of dangerous goods vehicle licences","content":"213 Grant of dangerous goods vehicle licences\n(1) The licensing authority must grant a dangerous goods vehicle licence\nfor a road vehicle if—\n(a) an application is made to the authority for the licence; and\n(b) the application complies with section 211; and\n(c) the applicant has complied with any requirement made under\nsection 212 in relation to the application; and\n\n(d) the vehicle is suitable to transport each type of dangerous goods\nintended to be transported in the vehicle.\n(2) Without limiting subsection (1) (d), if a road vehicle is intended for\nuse in the transport of dangerous goods in the form of a liquid or gas\nusing a tank that will form part of the vehicle or be attached to it, the\nvehicle is suitable only if—\n(a) the tank is an approved tank; and\n(b) the vehicle complies with the ADG code, chapter 4.4 and\nchapter 6.10 applying to road vehicles for use in transporting\ndangerous goods in the form of a liquid or gas.\n(3) However, the licensing authority must not grant the licence if the\napplicant is subject to a court order prohibiting the applicant from\ninvolvement in the transport of dangerous goods by road.\n(4) The licensing authority may issue a single dangerous goods vehicle\nlicence for more than 1 road vehicle.\n(5) If the licensing authority refuses to grant a dangerous goods vehicle\nlicence, the authority must tell the applicant in writing of the refusal\nand of the reasons for the refusal.\n","sortOrder":235},{"sectionNumber":"214","sectionType":"section","heading":"Applications for renewal of licences","content":"214 Applications for renewal of licences\n(1) A person who holds a dangerous goods vehicle licence for a road\nvehicle may apply to the licensing authority for the renewal of the\n(2) The application must include the information required under\nsection 211 (2) for an application for the grant of a dangerous goods\nvehicle licence for the road vehicle.\n\n","sortOrder":236},{"sectionNumber":"215","sectionType":"section","heading":"Renewal of vehicle licences","content":"215 Renewal of vehicle licences\n(1) The licensing authority must renew a dangerous goods vehicle licence\nfor a road vehicle if—\n(a) an application is made to the authority for the renewal of the\n(b) the application complies with section 214; and\n(c) the applicant has complied with any requirement made under\nsection 212 in relation to the application; and\n(d) the vehicle is suitable to transport each type of dangerous goods\nintended to be transported in the vehicle.\n(2) Without limiting subsection (1) (d), if a road vehicle is intended for\nuse in the transport of dangerous goods in the form of a liquid or gas\nusing a tank that will form part of the vehicle or be attached to it, the\nvehicle is suitable only if—\n(a) the tank is an approved tank; and\n(b) the vehicle complies with the ADG code, chapter 4.4 and\nchapter 6.10 applying to road vehicles for use in transporting\ndangerous goods in the form of a liquid or gas.\n(3) However, the licensing authority must not renew the licence if the\napplicant is subject to a court order prohibiting the applicant from\ninvolvement in the transport of dangerous goods by road.\n(4) The licensing authority may issue a single dangerous goods vehicle\nlicence for more than 1 road vehicle.\n(5) If the licensing authority refuses to renew a dangerous goods vehicle\nlicence, the authority must tell the applicant in writing of the refusal\nand of the reasons for the refusal.\n\n","sortOrder":237},{"sectionNumber":"216","sectionType":"section","heading":"Vehicle licence periods","content":"216 Vehicle licence periods\n(1) A dangerous goods vehicle licence is granted for the period of not\nlonger than 5 years stated in the licence.\n(2) A dangerous goods vehicle licence takes effect on the day when the\nlicence is granted or a later day stated in the licence.\n(3) A dangerous goods vehicle licence is renewed for the period stated in\nthe renewed licence, being a period not longer than 5 years.\n","sortOrder":238},{"sectionNumber":"217","sectionType":"section","heading":"Vehicle licence conditions","content":"217 Vehicle licence conditions\n(1) The licensing authority may grant or renew a dangerous goods\nvehicle licence subject to conditions.\n(2) A condition to which the licence is subject must be stated in the\n(3) The licence may be subject to conditions about—\n(a) the dangerous goods that may or may not be transported in the\n(b) the areas where the vehicle may or may not be used to transport\ndangerous goods or particular dangerous goods; and\n(c) the inspections of the vehicle (if any) that are required.\n(4) The licence may be subject to any other condition necessary for the\nsafe transport of dangerous goods by road.\n","sortOrder":239},{"sectionNumber":"218","sectionType":"section","heading":"Offences—transferring or disposing of licensed vehicles","content":"218 Offences—transferring or disposing of licensed vehicles\nother than through business transfer\n(1) This section applies in relation to the transfer of possession, or any\nother action for disposal, of a licensed vehicle (the disposed vehicle),\nother than through a business transfer.\n\n(2) The person holding the licence for the disposed vehicle must, within\n21 days after the day of transfer or disposal, give the licensing\nauthority written notice of the transfer or disposal (the written notice).\n(3) If the licence for the disposed vehicle also relates to another vehicle,\nthe person holding the licence for the disposed vehicle must attach\nthe licence to the written notice.\n(4) If the licence for the disposed vehicle does not also relate to another\nvehicle, the person holding the licence for the disposed vehicle—\n(a) must attach the licence to the written notice; or\n(b) must—\n(i) destroy the licence; and\n(ii) if requested by the licensing authority—give the authority\nsufficient evidence that shows the licence has been\ndestroyed.\n(5) If the licensing authority receives a licence for a disposed vehicle, the\nauthority must—\n(a) if the licence also relates to another vehicle—\n(i) amend the licence by omitting the reference to the disposed\n(ii) return the licence to the person who gives the licence to the\n(b) in any other case—cancel the licence.\n(6) An offence against this section is a strict liability offence.\n\n(7) In this section:\nbusiness transfer, in relation to the transfer or disposal of a licensed\nvehicle, means a transfer of the vehicle’s title as part of a transfer in\nownership of the business in which the vehicle is used and is\ncontinued to be used.\n","sortOrder":240},{"sectionNumber":"218A","sectionType":"section","heading":"Offence—transferring licensed vehicles through business","content":"218A Offence—transferring licensed vehicles through business\ntransfer\n(1) This section applies in relation to the transfer of a vehicle—\n(a) for which a dangerous goods vehicle licence is granted; and\n(b) through a business transfer.\n(2) The person to whom the vehicle is transferred must, within 21 days\nafter the day the vehicle is transferred—\n(a) apply to the licensing authority for the transfer of the licence to\nthe person; and\n(b) give the authority the licence; and\n(c) pay the fee prescribed for the application.\n(3) An offence against subsection (2) is a strict liability offence.\n(4) If the licensing authority receives an application with the licence and\nfee under subsection (2), the authority must—\n(a) amend the licence to record the change in the holder of the\n(b) return the amended licence to the new holder of the licence.\n(5) However, subsection (4) does not apply if the person to whom the\nlicence is to be transferred is not eligible to hold the licence.\n\nbusiness transfer—see section 218 (7).\n","sortOrder":241},{"sectionNumber":"219","sectionType":"section","heading":"Grounds for cancelling, suspending or varying licences","content":"219 Grounds for cancelling, suspending or varying licences\n(1) A dangerous goods vehicle licence may be cancelled, suspended or\nvaried if the application for the licence or an application for its\nrenewal—\n(2) A dangerous goods vehicle licence for a road vehicle may be\ncancelled, suspended or varied if the vehicle does not comply with\nthe Act.\n\nLicences generally Part 20.5\n","sortOrder":242},{"sectionNumber":"221","sectionType":"section","heading":"Meaning of licence and licensee—pt 20.5","content":"221 Meaning of licence and licensee—pt 20.5\nlicence means a dangerous goods driver licence or dangerous goods\nvehicle licence.\nlicensee means the holder of a licence.\n","sortOrder":243},{"sectionNumber":"222","sectionType":"section","heading":"Replacement licences","content":"222 Replacement licences\n(1) The licensing authority may issue a replacement licence to a licensee\nif—\n(a) the licence is renewed; or\n(b) the licence is varied; or\n(c) a period of suspension of the licence ends or a suspension is\nwithdrawn.\n(2) The licensing authority must issue a replacement licence to a licensee\nif the authority is satisfied that the licence has been defaced,\ndestroyed, lost or stolen.\n","sortOrder":244},{"sectionNumber":"223","sectionType":"section","heading":"Offence—fail to comply with licence condition","content":"223 Offence—fail to comply with licence condition\n(1) A licensee commits an offence if the licensee fails to comply with a\ncondition of his or her licence.\n\n","sortOrder":245},{"sectionNumber":"224","sectionType":"section","heading":"Surrender of licences","content":"224 Surrender of licences\n(1) A licensee may surrender his or her licence by giving notice of\nsurrender to the licensing authority and returning the licence to the\nauthority.\n(2) A licence ceases to have effect on its surrender.\n","sortOrder":246},{"sectionNumber":"225","sectionType":"section","heading":"Registers of licences","content":"225 Registers of licences\n(1) The licensing authority must keep a register of dangerous goods\ndriver licences.\n(2) The licensing authority must keep a register of dangerous goods\nvehicle licences.\n(3) A register may have separate divisions for different kinds of licences.\n(4) The licensing authority must record each licence granted under this\nregulation in the appropriate register.\n(5) The licensing authority must note in the register the cancellation,\nsurrender, suspension or variation of a licence.\n","sortOrder":247},{"sectionNumber":"226","sectionType":"section","heading":"Records of licences","content":"226 Records of licences\nThe record of a licence in the register must include the following\ninformation:\n(a) the name of the licensee;\n(b) the date when the licence was granted or renewed;\n(i) the period for which the licence was granted or renewed;\nor\n(ii) the expiry date of the licence;\n(d) for a dangerous goods driver licence—the licensee’s date of\nbirth;\n\nLicences generally Part 20.5\n(e) for a dangerous goods vehicle licence—the registration number,\nmake and type of each road vehicle to which the licence relates;\n(f) the classes of dangerous goods for which the licence is valid;\n(g) any condition to which the licence is subject.\n","sortOrder":248},{"sectionNumber":"227","sectionType":"section","heading":"Offence—fail to correct information given in licence","content":"227 Offence—fail to correct information given in licence\napplications\n(1) This section applies if a licensee becomes aware that information\ngiven by the licensee to the licensing authority in, or in relation to, an\napplication for the grant or renewal of a licence is or has become\nincorrect in a material respect.\n(2) Within 14 days after becoming aware of the matter, the licensee must\ntell the licensing authority about the matter and give the correct\ninformation to the authority.\n","sortOrder":249},{"sectionNumber":"228","sectionType":"section","heading":"Offence—fail to produce licence to licensing authority","content":"228 Offence—fail to produce licence to licensing authority\n(1) The licensing authority may, by written notice, require a person to\nwhom a licence has been granted to produce the licence to the\nauthority.\n(2) The person must produce the licence to the licensing authority within\n14 days after the day when the notice is given to the person.\n(3) An offence against subsection (2) is a strict liability offence.\n\n","sortOrder":250},{"sectionNumber":"229","sectionType":"section","heading":"Return of licences","content":"229 Return of licences\n(1) This section applies if a licence is produced to the licensing authority\nor given to the authority by an authorised person.\n(2) If the licence has not been cancelled or varied and is not suspended,\nthe licensing authority must return the licence after inspecting it.\n(3) If the licence has been suspended, the suspension has ended and a\nreplacement licence is not issued, the licensing authority must return\nthe licence to the licensee.\n(4) If the licence has been varied, the variation is recorded on the licence\nand a replacement licence is not issued, the licensing authority must\nreturn the licence to the licensee.\n(5) However, if the licence period has ended, the licensing authority is\nnot required to return the licence to the licensee.\n\nCancellation, suspension and variation Part 20.6\nPart 20.6 Cancellation, suspension and\nvariation\n","sortOrder":251},{"sectionNumber":"230","sectionType":"section","heading":"Meaning of licence and licensee—pt 20.6","content":"230 Meaning of licence and licensee—pt 20.6\nlicence means a dangerous goods driver licence or dangerous goods\nvehicle licence.\nlicensee means the holder of a licence.\n","sortOrder":252},{"sectionNumber":"231","sectionType":"section","heading":"Cancellation, suspension and variation in dangerous","content":"231 Cancellation, suspension and variation in dangerous\nsituations\nThe licensing authority must cancel, suspend or vary any licence\ngranted by it, if the licensing authority reasonably believes that—\n(a) a ground exists to cancel, suspend or vary the licence; and\n(b) it is necessary to do so to avoid, eliminate or minimise a\ndangerous situation.\n","sortOrder":253},{"sectionNumber":"232","sectionType":"section","heading":"Cancellation and suspension giving effect to court orders","content":"232 Cancellation and suspension giving effect to court orders\nThe licensing authority must cancel or suspend a licence if the\nlicensee is prohibited by a court order from involvement in the\ntransport of dangerous goods by road.\n","sortOrder":254},{"sectionNumber":"233","sectionType":"section","heading":"Variation of licence on application","content":"233 Variation of licence on application\n(a) an application is made to vary a licence; and\n(b) the application is made by the licensee and has the licence with\nit.\n(2) The licensing authority may vary the licence in accordance with the\napplication.\n\nPart 20.6 Cancellation, suspension and variation\n","sortOrder":255},{"sectionNumber":"234","sectionType":"section","heading":"Cancellation, suspension and variation in other","content":"234 Cancellation, suspension and variation in other\ncircumstances\n(a) the licensing authority considers that a ground exists to cancel,\nsuspend or vary a licence (the proposed action); and\n(b) section 231, section 232 and section 233 do not apply to the\nproposed action.\n(2) The licensing authority must give to the licensee a written notice\nthat—\n(a) states what the proposed action is; and\n(b) if the proposed action is to suspend the licence—states what the\nproposed suspension period is; and\n(c) if the proposed action is to vary the licence—sets out the\nproposed variation; and\n(d) sets out the ground for the proposed action; and\n(e) outlines the facts and other circumstances forming the basis for\nthe ground; and\n(f) invites the licensee to state in writing, within a stated period of\nat least 28 days after the day when the notice is given to the\nlicensee, why the proposed action should not be taken.\n(3) If, after considering any written statement made within the stated\nperiod, the licensing authority reasonably believes that a ground\nexists to take the proposed action, the licensing authority may—\n(a) cancel or vary the licence; or\n(b) suspend the licence for a period not longer than 12 months\n(except if the suspension is to give effect to a court order stating\na longer period of suspension); or\n\nCancellation, suspension and variation Part 20.6\n(c) if the proposed action is to vary the licence in a stated way—\nvary the licence in that way.\n(4) The licensing authority may withdraw a suspension before the\nsuspension is due to end if it reasonably believes that it is appropriate\nto do so.\n","sortOrder":256},{"sectionNumber":"235","sectionType":"section","heading":"When cancellation, suspension and variation take effect","content":"235 When cancellation, suspension and variation take effect\nThe cancellation, suspension or variation of a licence by the licensing\nauthority takes effect on—\n(a) the day when the licensee is given written notice by the licensing\nauthority of the cancellation, suspension or variation and of the\nreasons for the cancellation, suspension or variation; or\n(b) if a later day is stated in the notice—the later day.\n","sortOrder":257},{"sectionNumber":"236","sectionType":"section","heading":"When licences taken to be suspended","content":"236 When licences taken to be suspended\n(1) A person’s dangerous goods driver licence is taken to be suspended\nif the person’s driver licence has no effect.\n(2) A person’s dangerous goods vehicle licence for a road vehicle is taken\nto be suspended in relation to the vehicle if the vehicle is not\nregistered.\n\n","sortOrder":258},{"sectionNumber":"237","sectionType":"section","heading":"Requiring evidence of insurance etc","content":"237 Requiring evidence of insurance etc\n(1) The competent authority may, by written notice, require the owner of\na road vehicle used to transport a placard load to give to the competent\nauthority—\n(a) written evidence that the vehicle is covered by a policy of\ninsurance or other form of indemnity mentioned in the Act,\nsection 36 (1) (b) (Offence—vehicle not insured or approved—\nowner); or\n(b) an approval under section 239 in relation to the vehicle.\n(2) The competent authority may, by written notice, require a prime\ncontractor responsible for the condition of a road vehicle used to\ntransport a placard load, to give to the competent authority—\n(a) written evidence that the vehicle is covered by a policy of\ninsurance or other form of indemnity mentioned in the Act,\nsection 37 (1) (b) (Offence—vehicle not insured or approved—\nprime contractor); or\n(b) an approval under section 239 in relation to the vehicle.\n","sortOrder":259},{"sectionNumber":"238","sectionType":"section","heading":"Offence—fail to comply with notice","content":"238 Offence—fail to comply with notice\n(a) is given a notice under section 237; and\n(b) fails to comply with the notice within 14 days after the day when\nthe notice is given to the person.\n\nInsurance Chapter 21\n","sortOrder":260},{"sectionNumber":"239","sectionType":"section","heading":"Approvals—insurance","content":"239 Approvals—insurance\n(1) The owner of a road vehicle used to transport placard loads may make\nan application under section 175 to use the vehicle even if the vehicle\nis not covered by a policy of insurance or other form of indemnity\nmentioned in the Act, section 36 (1) (b) (Offence—vehicle not\ninsured or approved—owner).\n(2) A prime contractor responsible for the condition of a vehicle used to\ntransport placard loads may make an application in accordance with\nsection 175 to use the vehicle even if the vehicle is not covered by a\npolicy of insurance or other form of indemnity mentioned in the Act,\nsection 37 (1) (b) (Offence—vehicle not insured or approved—prime\ncontractor).\n(3) If the competent authority is satisfied that the owner or prime\ncontractor is adequately capable of self-insurance for the purposes of\nthe Act, section 36 (1) (b) or section 37 (1) (b), the competent\nauthority may give written approval for the use of the vehicle.\n(4) An approval may be given—\n(a) for a single use or for a period not longer than 5 years; and\n(b) subject to any other condition.\n\nChapter 22 Notification and review of decisions\nChapter 22 Notification and review of\ndecisions\n240 Internally reviewable decisions—Act, s 169, def internally\nreviewable decision\nA decision mentioned in schedule 1, part 1.1 or part 1.2, column 3\nunder a provision mentioned in column 2 in relation to the decision is\nprescribed.\n","sortOrder":261},{"sectionNumber":"241","sectionType":"section","heading":"Internally reviewable decisions—notice and right of","content":"241 Internally reviewable decisions—notice and right of\nreview—Act, s 170 and s 171\nA person mentioned in schedule 1, part 1.1 or part 1.2, column 4 is\nprescribed in relation to a decision mentioned in column 3.\n\nReviewable decisions Schedule 1\nInternally reviewable decisions under Act Part 1.1\n(see ch 22)\n","sortOrder":262},{"sectionNumber":"Part 1","sectionType":"part","heading":"1 Internally reviewable decisions","content":"Part 1.1 Internally reviewable decisions\nunder Act\nitem\n1 109 (1) give improvement\n2 110 (2) refuse to extend date\nand time for\nimprovement notice\n3 112 amend improvement\n4 114 refuse to issue\nclearance certificate\n5 119 (2) give prohibition notice person given prohibition\n6 124 (3) amend prohibition\nperson given prohibition\n7 125 (1) refuse to withdraw\nprohibition notice\nperson given prohibition\n8 151 (2) refuse to grant\n9 151 (3) put condition on\nperson granted exemption\n10 155 (1) cancel exemption person granted exemption\n11 155 (2) amend or cancel\ncondition of exemption\nput new condition on\nperson granted exemption\n\nPart 1.2 Internally reviewable decisions under this regulation\nPart 1.2 Internally reviewable decisions\nunder this regulation\nitem\n1 28 (1) (a) refuse to approve test\nof competence\n2 28 (1) (b) refuse to approve\ntraining course\n3 29 (1) or (2) refuse to make\ndetermination about\n4 30 (1) refuse to make\ndetermination about\nvehicle, route, area or\ntime\n5 32 make administrative\ndetermination subject\nto condition\n6 50 (1) refuse to approve\npackaging design\n7 50 (3) put condition on\napproval of packaging\ndesign\n8 53 (1) refuse to approve\nmethod of preparing\noverpack\n9 53 (2) put condition on\napproval of method or\npreparing overpack\n10 117 (2) refuse to approve\ndesign for segregation\ndevice\n\nReviewable decisions Schedule 1\nInternally reviewable decisions under this regulation Part 1.2\nitem\n11 118 (1) refuse to approve\nmethod of segregation\n12 118 (2) put condition on\napproval of segregation\ndevice\n13 141 refuse to approve\nemergency information\n14 188 cancel or vary\nperson to whom\ndetermination or approval\napplies\n15 190 (2) refuse to vary\n16 191 (3) cancel or vary\nperson to whom\ndetermination or approval\napplies\n17 202 refuse to issue\n18 204 refuse to renew\n19 206 grant or renew\nlicence subject to\ncondition\n20 208 cancel, suspend or vary\n\nPart 1.2 Internally reviewable decisions under this regulation\nitem\n21 213 refuse to issue\n22 215 refuse to renew\n23 217 grant or renew\nvehicle licence subject\nto condition\n24 219 cancel, suspend or vary\n25 222 refuse to issue\nreplacement licence\n26 239 (3) refuse to give approval\nfor use of uninsured\nvehicle\n\n(see s 3)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis regulation.\nNote 2 For example, the Legislation Act, dict, pt 1, defines the following terms:\n• entity\n• State.\nNote 3 Terms used in this regulation have the same meaning that they have in\nthe Dangerous Goods (Road Transport) Act 2009 (see Legislation Act,\ns 148). For example, the following terms are defined in the Dangerous\nGoods (Road Transport) Act 2009, dict:\n• another jurisdiction\n• authorised person\n• consignor\n• consigns\n• corresponding authority\n• corresponding law\n• dangerous situation\n• driver licence\n• exemption\n• in, a vehicle\n• involvement in the transport of dangerous goods\n• jurisdiction\n• loader\n• loads\n• Ministerial Council\n• owner, of a vehicle\n• package\n• packaging\n• packer\n• packs\n• placard load\n• premises\n\n• prime contractor\n• tank vehicle\n• trailer\n• transport\n• vehicle.\nADG code means the Australian Code for the Transport of\nDangerous Goods by Road and Rail, edition 7.8.\nNote The ADG code does not need to be notified under the Legislation Act\nbecause s 47 (5) does not apply (see s 23). The code is accessible at\nwww.ntc.gov.au.\nadministrative determination—see section 31.\nADR approved means approved in accordance with the European\nAgreement Concerning the International Carriage of Dangerous\nGoods by Road published by the Inland Transport Committee of the\nEconomic Commission for Europe.\nAFG guidelines means the Assessing Fitness to Drive for\nCommercial and Private Vehicle Drivers—Medical Standards for\nLicensing and Clinical Management Guidelines, 2022 edition,\npublished by Austroads Limited ABN 16 245 787 323.\nNote The AFG guidelines does not need to be notified under the Legislation\nAct because s 47 (5) does not apply (see s 23). The guidelines are\naccessible at www.austroads.com.au.\naggregate quantity, for a load containing dangerous goods, means the\ntotal of—\n(a) the number of kilograms of the following in the load—\n(i) solid dangerous goods; and\n(ii) articles (including aerosols); and\n(b) the number of litres or kilograms (as used in the transport\ndocumentation for the load to describe the goods) of liquid\ndangerous goods in the load; and\n\n(c) the total capacity in litres of receptacles in the load containing\ndangerous goods of UN class 2 (except aerosols).\nANZ-ERG means the 2021 Australian & New Zealand Emergency\nResponse Guide Book published by CAP.\nNote The ANZ-ERG does not need to be notified under the Legislation Act\nbecause s 47 (5) does not apply (see s 23). The guide book is accessible\nat www.ntc.gov.au.\nappropriately marked, for part 7.1 (Marking and labelling)—see\nsection 77.\nappropriately placarded, for part 7.2 (Placarding)—see section 84.\napproval means an approval by the competent authority or an\nauthorised body that is in effect.\napproved packaging means—\n(a) packaging of a design that is approved under section 50; or\n(b) foreign approved packaging.\napproved tank means—\n(a) a tank of a design that is approved under section 50; or\n(b) a foreign approved tank.\napproved test means a test that is approved under section 28.\napproved training course means a training course that is approved\nunder section 28.\narticle—\n(a) means a manufactured item, other than a fluid or particle—\n(i) formed into a particular shape or design during\nmanufacture; and\n(ii) that has a hazard property and function wholly or partly\ndependent on that shape or design; and\n\n(b) includes any of the following:\n(i) a battery;\n(ii) an aerosol;\n(iii) a gas-filled lighter;\n(iv) a seatbelt pretensioner;\n(v) a refrigerating machine.\nauthorised body means an entity authorised to issue approvals under\nsection 55.\nbulk container—see section 16.\nbulk transfer, for chapter 12 (Bulk transfer of dangerous goods—\ngeneral)—see section 120.\nCAP—see competent authorities panel.\ncapacity means the total internal volume of packaging at a\ntemperature of 15° celsius, expressed in litres or cubic metres.\ncargo transport unit means—\n(a) a freight container; or\n(b) an MEGC; or\n(c) a tank; or\n(d) a transport unit.\ncompetent authorities panel (or CAP) means the body established by\nthe competent authorities panel rules made by the National Transport\nCommission on 16 June 2008 and approved by the Ministerial\nCouncil.\ncompetent authority means the entity declared to be the competent\nauthority for this regulation under the Act, section 20.\n\ncompliance plate means a plate that must be attached to a portable\ntank, MEGC or tank vehicle under the ADG code, part 6 and includes\nidentification plates.\ncorresponding approval means an approval to which section 167\napplies.\ncorresponding dangerous goods driver licence means a licence to\nwhich section 168 applies that has effect in the ACT as a dangerous\ngoods driver licence.\ncorresponding dangerous goods vehicle licence means a licence to\nwhich section 168 applies that has effect in the ACT as a dangerous\ngoods vehicle licence.\ncorresponding determination means a determination to which\nsection 165 applies.\ncorresponding exemption means an exemption to which section 166\napplies.\ndangerous goods—see section 9.\ndangerous goods driver licence means a licence that is in force under\npart 20.3.\ndangerous goods list means the list set out in the ADG code,\nsection 3.2.3.\nNote The ADG code, s 3.2.3 lists goods that are dangerous goods because they\nsatisfy the criteria mentioned in the ADG code, pt 2.\ndangerous goods vehicle licence means a licence that is in force\nunder part 20.4.\ndemountable tank means a tank, other than a portable tank, that is\ndesigned to be carried on a vehicle but that does not form part of and\nis not permanently attached to the vehicle and is designed to be\nremovable.\ndetermination means a determination that is made by the competent\nauthority under chapter 3 that is in effect.\n\nemergency service means—\n(a) an ambulance, fire, police or other emergency service of a\nparticipating jurisdiction; or\n(b) a unit of the defence force corresponding to a service mentioned\nin paragraph (a).\nfood includes—\n(a) a substance prepared or intended for human or animal\nconsumption; and\n(b) a substance (except dangerous goods) intended to be an\ningredient of food.\nfood packaging means—\n(a) a receptacle that contains, or is designed or intended to contain,\nfood; or\n(b) material designed or intended to be used in a receptacle that is\ndesigned or intended to contain food; or\n(c) plastic wrapping intended for the packaging of food.\nforeign approved, in relation to packaging, means packaging that has\nthe markings required by the ADG code, part 6 for packaging of its\ntype, in confirmation that the packaging is ADR, ICAO, IMO, RID\nor UN approved.\nNote Types of foreign approved packaging include, but are not limited to bulk\ncontainers, IBCs, large packagings, MEGCs, portable tanks, pressure\ndrums and tubes that are ADR, ICAO, IMO, RID or UN approved.\nfreight container means a permanent container that—\n(a) is suitable for repeated use; and\n(b) is designed to facilitate—\n(i) the transport of goods by 1 or more kinds of transport so\nthe goods do not need to be unloaded and reloaded if the\ncontainer is transferred from 1 kind to another; and\n\n(ii) the ease of loading and unloading of goods from the\ncontainer; and\n(c) is fitted with a device that allows the container to be stowed and\nhandled, particularly when transferring the container from\n1 kind of transport to another; and\n(d) if the container is used to transport goods other than radioactive\nmaterial—has an internal volume of at least 1m3.\ngeneral packaging, for part 6.3 (Offences—general packaging)—see\nsection 58.\ngoods too dangerous to be transported—see section 10.\nhose assembly means a hose, or hoses connected together, for use in\nthe transfer of dangerous goods to or from a tank on a vehicle,\nportable tank or storage receptacle and includes—\n(a) if there are 2 or more hoses connected together—the\nconnections between the hoses; and\n(b) the attachment connecting the hose or hoses to the tank; and\n(c) anything else (except the vehicle, portable tank or storage\nreceptacle) attached to the hose or hoses.\nIBC—see intermediate bulk container.\nICAO approved means approved in accordance with the Technical\nInstructions for the Safe Transport of Dangerous Goods by Air\npublished by the International Civil Aviation Organisation.\nICAO technical instructions means the Technical Instructions for the\nSafe Transport of Dangerous Goods by Air, 2023-2024 edition\npublished by the International Civil Aviation Organization.\nNote The ICAO technical instructions do not need to be notified under the\nLegislation Act because s 47 (5) does not apply (see s 23). The\ninstructions may be purchased at store.icao.int.\n\nIMDG code means the International Maritime Dangerous Goods\nCode, 2022 edition published by the International Maritime\nOrganization.\nNote The IMDG code does not need to be notified under the Legislation Act\nbecause s 47 (5) does not apply (see s 23). The code may be purchased at\nimo.org.\nIMO approved means approved in accordance with the International\nMaritime Dangerous Goods Code published by the International\nMaritime Organisation.\nincompatible—see section 14.\ninner packaging—see the ADG code, section 1.2.1.\nintermediate bulk container (or IBC)—see section 17.\nintermediate packaging—see the ADG code, section 1.2.1.\njourney means the transport of dangerous goods from where the\ngoods are consigned to where the goods are delivered to the\nconsignee.\nlarge packaging means outer packaging that—\n(a) contains an article or inner packaging; and\n(b) is designed for mechanical handling; and\n(c) has—\n(i) a net mass of more than 400kg; or\n(ii) a capacity of more than 450L; or\n(iii) a volume of not more than 3m3.\nlicence—\n(a) for part 20.5 (Licences generally)—see section 221; and\n(b) for part 20.6 (Cancellation, suspension and variation)—see\nsection 230.\n\nlicensed vehicle means a vehicle for which a dangerous goods vehicle\nlicence is in force.\nlicensee—\n(a) for part 20.5 (Licences generally)—see section 221; and\n(b) for part 20.6 (Cancellation, suspension and variation)—see\nsection 230.\nlicensing authority, for chapter 20 (Licences)—see section 193.\nload (noun)—see section 21.\nNote Load (verb) and loader—see the Act, s 13.\nMEGC—see multiple-element gas container.\nmultimodal means applicable to, or suitable for use on, more than\n1 kind of transport.\nmultiple-element gas container (or MEGC)—see section 18.\nNATA means the National Association of Testing Authorities.\nNational Transport Commission—see the National Transport\nCommission Act 2003 (Cwlth), section 5.\nnominally empty storage vessel, for part 9.3 (Nominally empty\nstorage vessels)—see section 106A.\nother packaging, for part 6.4 (Offences—other packaging)—see\nsection 64.\nouter packaging—see the ADG code, section 1.2.1.\noverpack—see the ADG code, section 1.2.1.\npackaging—see section 15.\nNote Package, packs and packer—see the Act, dict.\npacked in excepted quantities—see section 19A.\npacked in limited quantities—see section 19.\n\npacking group—see section 13.\nparticipating jurisdiction means—\n(a) this jurisdiction; or\n(b) another State that has a corresponding law.\nNote State includes the Northern Territory (see Legislation Act, dict, pt 1).\nplacard means a label or emergency information panel that is\ndisplayed in accordance with the ADG code, chapter 5.3 on—\n(a) a transport unit; or\n(b) a container having 1 or more receptacles with a capacity of more\nthan 500kg or 500L.\nplacards, for part 7.2 (Placarding)—see section 84.\nportable tank—\n(a) means a tank used for the transport of a solid, liquid or gas that—\n(i) includes a shell fitted with service equipment and structural\nequipment necessary for the transport of the solid, liquid or\ngas; and\n(ii) can be loaded and unloaded without removing its structural\nequipment; and\n(iii) has stabilising components outside its shell; and\n(iv) can be lifted when full; and\n(v) is designed primarily to be loaded onto a vehicle or vessel;\nand\n(vi) is equipped with skids, mountings or other accessories to\nfacilitate mechanical handling; and\n(vii) is—\n(A) if transporting a UN class substance other than\nsubstances of UN class 2—a multimodal tank; or\n\n(B) if transporting non-refrigerated, liquefied gases of\nUN class 2—a multimodal tank with a capacity of\nmore than 450L; and\n(C) if transporting refrigerated, liquefied gases of UN\nclass 2—is a thermally insulated tank with a capacity\nof more than 450L; but\n(b) does not include a thing that is not considered a portable tank\nunder the ADG code, section 1.2.1, definition of portable tank.\npressure drum means a welded transportable pressure receptacle of a\nwater capacity exceeding 150L and of not more than 1 000L.\nExamples—transportable receptacle\n• cylindrical receptacles equipped with rolling hoops\n• spheres on skids\nreceptacle, for a substance or article, means a container that is—\n(a) for receiving and holding the substance or article (including\nanything that enables the container to be closed); and\n(b) in contact with the substance or article.\nrecognised testing facility, for part 5.2 (Suitability and design of\npackaging)—see section 46.\nregister—see section 160.\nregistered means registered under a Commonwealth, State or\nTerritory law.\nrequired emergency information, for part 13.2 (Emergency\ninformation)—see section 137.\nRID approved means approved in accordance with the International\nRegulations Concerning the Carriage of Dangerous Goods by Rail\npublished by the Inland Transport Committee of the Economic\nCommission for Europe.\nrisk means risk of personal injury, death, property damage or harm to\nthe environment.\n\nroad includes a road related area.\nservice equipment, for a tank or MEGC, has the meaning given in the\nADG code, section 6.7.2.1, 6.7.3.1, 6.7.4.1 or 6.7.5.1 for the tank or\nMEGC.\nstructural equipment, for a tank or MEGC, has the meaning given in\nthe ADG code, section 6.7.2.1, 6.7.3.1, 6.7.4.1 or 6.7.5.1 for the tank\nor MEGC.\nsubsidiary hazard—see section 12.\ntank—see section 20.\ntransport unit means—\n(a) a vehicle; or\n(b) a portable tank; or\n(c) a bulk container; or\n(d) a freight container.\ntube—see the ADG code, section 1.2.1.\nUN approved means approved outside Australia under the United\nNations Model Regulations for the Transport of Dangerous Goods\npublished by the United Nations.\nUN category—see section 11.\nUN class—see section 11.\nUN division—see section 11.\nvehicle, for part 20.4 (Dangerous goods vehicle licences)—see\nsection 210.\n\nAbout the endnotes 1\n","sortOrder":263},{"sectionNumber":"1","sectionType":"section","heading":"About the endnotes","content":"1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n","sortOrder":264},{"sectionNumber":"2","sectionType":"section","heading":"Abbreviation key","content":"2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\n3 Legislation history\n3 Legislation history\nDangerous Goods (Road Transport) Regulation 2010 SL2010-12\nnotified LR 1 April 2010\ns 1, s 2 commenced 1 April 2010\nremainder commenced 2 April 2010 (s 2 and see Dangerous Goods\n(Road Transport) Act 2009 A2009-34 s 2, CN2010-5 and LA s 77 (3))\nas amended by\nRoad Transport (Road Rules) (Consequential Amendments)\nRegulation 2017 (No 1) SL2017-44 sch 1 pt 1.1\nnotified LR 21 December 2017\ns 1, s 2 commenced 21 December 2017 (LA s 75 (1))\nsch 1 pt 1.1 commenced 30 April 2018 (s 2 and see Road Transport\n(Road Rules) Regulation 2017 SL2017-43 s 2)\nEmployment and Workplace Safety Legislation Amendment Act 2020\nA2020-30 sch 1 pt 1.1\nnotified LR 9 July 2020\ns 1, s 2 commenced 9 July 2020 (LA s 75 (1))\nsch 1 pt 1.1 commenced 9 July 2021 (s 2 (4))\nDangerous Goods (Road Transport) Amendment Regulation 2024\n(No 1) SL2024-5\nnotified LR 26 April 2024\ns 1, s 2 commenced 26 April 2024 (LA s 75 (1))\nremainder commenced 27 April 2024 (s 2)\nCOAG Legislation Amendment Act 2025 A2025-1 pt 3\nnotified LR 20 February 2025\ns 1, s 2 commenced 20 February 2025 (LA s 75 (1))\npt 3 commenced 27 February 2025 (s 2)\nStatute Law Amendment Act 2025 A2025-29 sch 4 pt 4.52\nnotified LR 6 November 2025\ns 1, s 2 commenced 6 November 2025 (LA s 75 (1))\nsch 4 pt 4.52 commenced 16 December 2025 (s 2 (6))\n\nCommencement\ns 2 om LA s 89 (4)\nObjects of regulation\ns 6 am SL2024-5 s 4\nApplication of regulation—exemptions\ns 7 am SL2024-5 ss 5-7; ss renum R6 LA\nDangerous goods—Act, dict\ns 9 am SL2024-5 s 8\nSubsidiary hazard\ns 12 sub SL2024-5 s 9\nMeaning of packaging—Act, s 11\ns 15 sub SL2024-5 s 10\nMeaning of bulk container\ns 16 sub SL2024-5 s 10\nMeaning of intermediate bulk container (or IBC)\ns 17 am SL2024-5 s 11\nMeaning of dangerous goods packed in limited quantities\ns 19 am SL2024-5 s 12\nMeaning of packed in excepted quantities\ns 19A ins SL2024-5 s 13\nMeaning of tank\ns 20 sub SL2024-5 s 13\nReferences to codes, standards and rules\ns 22 am SL2024-5 s 14; ss renum R6 LA\nDisapplication of Legislation Act, s 47 (5)\ns 23 sub SL2024-5 s 15\nOffence—instruction and training\ns 27 am SL2024-5 ss 16-18; pars renum R6 LA\nDeterminations—dangerous goods and packaging\ns 29 am SL2024-5 s 19; A2025-29 amdt 4.52\nDeterminations—vehicles, routes, areas and times\ns 30 am A2025-29 amdt 4.52\nAdministrative determinations\ns 31 sub SL2024-5 s 20\nPacking of dangerous goods in limited or excepted quantities\ns 44 sub SL2024-5 s 21\n\nSuitability of packaging for transport\ns 47 am SL2024-5 s 22\nApplications for approval of packaging design\ns 49 am A2025-29 amdt 4.52\nOffence—goods suspected of being dangerous goods\ns 56 am SL2024-5 s 23, s 24\nOffence—sell or supply non-compliant packaging\ns 57 am SL2024-5 s 25\nOffences—manufacturer fails to attach compliance plate etc to portable tank,\nMEGC or tank vehicle\ns 65 hdg sub SL2024-5 s 26\ns 65 am SL2024-5 s 27, s 28; ss renum R6 LA\nConsignment procedures\nch 7 hdg note ins SL2024-5 s 29\nMeaning of appropriately marked—pt 7.1\ns 77 am SL2024-5 s 30, s 31\nMeaning of placards and appropriately placarded—pt 7.2\ns 84 am SL2024-5 s 32\nWhen load must be placarded\ns 85 am SL2024-5 s 33, s 34\nOffences—consign goods—cargo transport unit inappropriately placarded\ns 87 sub SL2024-5 s 35\nOffences—load goods—load inappropriately placarded\ns 89 hdg sub SL2024-5 s 36\ns 89 am SL2024-5 s 37\nOffences—prime contractor—placard load inappropriately placarded\ns 90 am SL2024-5 s 38\nOffence—prime contractor—cargo transport unit inappropriately placarded\ns 91 hdg am SL2024-5 s 39\ns 91 am SL2024-5 s 39, s 40\nOffence—driver—cargo transport unit inappropriately placarded\ns 93 hdg sub SL2024-5 s 41\ns 93 am SL2024-5 s 42, s 43\nOffence—owner—non-compliance with safety standards\ns 94 am SL2024-5 s 44\nOffence—consignor—non-compliance with safety standards\ns 95 am SL2024-5 s 44\n\nOffence—loader—non-compliance with safety standards\ns 96 am SL2024-5 s 44\nOffence—prime contractor—non-compliance with safety standards\ns 97 am SL2024-5 s 44\nOffence—driver—non-compliance with safety standards\ns 98 am SL2024-5 s 44\nApplication—pt 9.1\ns 99 am SL2024-5 s 45\nOffence—consignor—non-compliance with ADG code\ns 100 am SL2024-5 s 46\nOffence—loader—non-compliance with ADG code\ns 101 am SL2024-5 s 46\nOffences—prime contractor—non-compliance with ADG code\ns 102 am SL2024-5 s 46\nOffence—driver—non-compliance with ADG code\ns 103 am SL2024-5 s 46\nNominally empty storage vessels\npt 9.3 hdg ins SL2024-5 s 47\nMeaning of nominally empty storage vessel—pt 9.3\ns 106A ins SL2024-5 s 47\nOffence—consignor—nominally empty storage vessel\ns 106B ins SL2024-5 s 47\nOffence—loader—nominally empty storage vessel\ns 106C ins SL2024-5 s 47\nOffence—prime contractor—nominally empty storage vessel\ns 106D ins SL2024-5 s 47\nOffence—driver—nominally empty storage vessel\ns 106E ins SL2024-5 s 47\nOffences—prime contractor—unlawful stowage, loading and restraint\ns 109 am SL2024-5 s 48\nOffences—driver—unlawful stowage, loading and restraint\ns 110 am SL2024-5 s 48\nApplication—ch 11\ns 111 am SL2024-5 s 49\nApprovals—segregation devices\ns 117 am A2025-29 amdt 4.52\n\nOffences—transferor—duties in relation to bulk transfer\ns 122 am SL2024-5 s 50, s 51\nOffence—occupier—duties in relation to bulk transfer\ns 124 am SL2024-5 s 52, s 53\nOffence—prime contractor—duties in relation to bulk transfer\ns 127 am SL2024-5 s 54, s 55; ss renum R6 LA\nOffence—transferor—filling ratio and ullage\ns 130 am SL2024-5 s 56\nOffence—prime contractor—filling ratio and ullage\ns 131 am SL2024-5 s 57, s 58; ss renum R6 LA\nOffence—driver—filling ratio and ullage\ns 132 am SL2024-5 s 59\nOffences—consignor—transport without proper documentation\ns 134 am SL2024-5 s 60\nOffence—prime contractor—fail to keep documents\ns 136A ins SL2024-5 s 61\nDangerous goods packed in limited quantities\npt 13.1A hdg ins SL2024-5 s 61\nOffence—consignor—fail to give prime contractor information\ns 136B ins SL2024-5 s 61\nOffence—prime contractor—fail to ensure information is readily\nascertainable\ns 136C ins SL2024-5 s 61\nOffence—driver—immobilised or stopped vehicle\ns 145 am SL2024-5 s 62; ss renum R6 LA\nOffences—prime contractor—immobilised or stopped vehicle\ns 146 am SL2024-5 s 63\nGeneral precautions\npt 15.1A hdg ins SL2024-5 s 63\nOffence—prime contractor—parking\ns 146A ins SL2024-5 s 63\nOffence—prime contractor—unloading\ns 146B ins SL2024-5 s 63\nOffence—prime contractor—detaching trailer\ns 146C ins SL2024-5 s 63\nOffence—prime contractor—heating placard load\ns 146D ins SL2024-5 s 63\n\nOffence—ignition sources\ns 149 am SL2024-5 s 64\nOffences—emergency plans\ns 157 am SL2024-5 ss 65-67; ss renum R6 LA\nCorresponding determinations\ns 165 am A2025-29 amdt 4.52\nReferring corresponding determinations etc to CAP for mutual recognition\ns 168A ins SL2024-5 s 68\nApplications for exemptions\ns 169 am A2025-29 amdt 4.52\nApplications\ns 175 am A2020-30 amdt 1.1; A2025-29 amdt 4.52\nGrounds for varying administrative determinations and approvals\ns 182 am SL2024-5 s 69; ss renum R6 LA\nReferring determinations to CAP\npt 19.1A hdg ins SL2024-5 s 70\nReferrals—determinations should apply to participating jurisdictions\ns 182A ins SL2024-5 s 70\nReferrals—determinations should be cancelled or varied\ns 182B ins SL2024-5 s 70\nTaking into account CAP’s decisions—referrals under s 182A\ns 182C ins SL2024-5 s 70\nTaking into account CAP’s decisions—referrals under s 182B\ns 182D ins SL2024-5 s 70\nVehicles transporting certain kinds of dangerous goods to be licensed\ns 196 sub SL2024-5 s 71\nDrivers of vehicles transporting certain kinds of dangerous goods to be\nlicensed\ns 197 sub SL2024-5 s 71\nApplication for licence\ns 198 am A2025-29 amdt 4.52\nRequired medical fitness evidence\ns 201 am SL2024-5 s 72\nApplications for renewal of licences\ns 203 am A2025-29 amdt 4.52\nAdditional condition\ns 207 am SL2024-5 s 73\n\nApplications for licences\ns 211 am A2025-29 amdt 4.52\nGrant of dangerous goods vehicle licences\ns 213 am SL2024-5 s 74\nApplications for renewal of licences\ns 214 am A2025-29 amdt 4.52\nRenewal of vehicle licences\ns 215 am SL2024-5 s 74\nOffences—transferring or disposing of licensed vehicles other than through\nbusiness transfer\ns 218 sub SL2024-5 s 75\nOffence—transferring licensed vehicles through business transfer\ns 218A ins SL2024-5 s 75\nOffences—licence labels\ns 220 om SL2024-5 s 76\nReplacement licences\ns 222 hdg sub SL2024-5 s 77\ns 222 am SL2024-5 s 78\nTransitional\nch 23 hdg exp 5 April 2015 (s 252 (1) (LA s 88 declaration applies))\nLawful conduct under previous law\ns 242 exp 5 April 2015 (s 252 (1) (LA s 88 declaration applies))\nContinuing effect of certain determinations\ns 243 exp 5 April 2015 (s 252 (1) (LA s 88 declaration applies))\nContinuing effect of corresponding determinations\ns 244 exp 5 April 2015 (s 252 (1) (LA s 88 declaration applies))\nContinuing effect of certain exemptions\ns 245 exp 5 April 2015 (s 252 (1) (LA s 88 declaration applies))\nContinuing effect of corresponding exemptions\ns 246 exp 5 April 2015 (s 252 (1) (LA s 88 declaration applies))\nContinuing effect of certain approvals\ns 247 exp 5 April 2015 (s 252 (1) (LA s 88 declaration applies))\nContinuing effect of corresponding approvals\ns 248 exp 5 April 2015 (s 252 (1) (LA s 88 declaration applies))\nContinuing effect of certain licences\ns 249 exp 5 April 2015 (s 252 (1) (LA s 88 declaration applies))\nContinuing effect of corresponding licences\ns 250 exp 5 April 2015 (s 252 (1) (LA s 88 declaration applies))\n\nTransitional—authorised people\ns 251 exp 2 July 2010 (s 251 (2) (LA s 88 declaration applies))\nExpiry—ch 23\ns 252 exp 5 April 2015 (s 252 (1) (LA s 88 declaration applies))\nInternally reviewable decisions under this regulation\nsch 1 pt 1.2 am SL2024-5 s 79\ndict am SL2017-44 amdt 1.1; A2025-1 s 6\ndef ADG code sub SL2024-5 s 80\ndef AFG guidelines ins SL2024-5 s 81\ndef ANZ-ERG ins SL2024-5 s 81\ndef article ins SL2024-5 s 81\ndef Australian Transport Council om SL2024-5 s 82\ndef bulk container sub SL2024-5 s 83\ndef cargo transport unit ins SL2024-5 s 84\ndef competent authorities panel (or CAP) am SL2024-5\ns 85; A2025-1 s 7\ndef food packaging am SL2024-5 s 86\ndef freight container sub SL2024-5 s 87\ndef ICAO technical instructions ins SL2024-5 s 88\ndef IMDG code ins SL2024-5 s 88\ndef inner packaging sub SL2024-5 s 89\ndef intermediate packaging ins SL2024-5 s 90\ndef large packaging sub SL2024-5 s 91\ndef licence label om SL2024-5 s 92\ndef Ministerial council ins SL2024-5 s 93\nom A2025-1 s 8\ndef multimodal am SL2024-5 s 94\ndef National Transport Commission ins A2025-1 s 9\ndef nominally empty storage vessel ins SL2024-5 s 95\ndef outer packaging sub SL2024-5 s 96\ndef overpack sub SL2024-5 s 96\ndef packed in excepted quantities ins SL2024-5 s 97\ndef participating jurisdiction am SL2024-5 s 98\ndef portable tank sub SL2024-5 s 99\ndef road ins SL2024-5 s 100\ndef subsidiary hazard ins SL2024-5 s 100\ndef subsidiary risk om SL2024-5 s 101\ndef tube sub SL2024-5 s 102\n\n5 Earlier republications\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nRepublication\nNo and date\nEffective Last\namendment\nmade by\nRepublication\nfor\nR1 (RI)\n6 Apr 2010\n2 Apr 2010–\nnot amended new regulation and\nreissued for\nrepublication\ncorrection\n3 July 2010–\n5 Apr 2015\nnot amended commenced expiry\n6 Apr 2015\n6 Apr 2015–\n29 Apr 2018\nnot amended expiry of\ntransitional\nprovisions (ch 23)\n30 Apr 2018\n30 Apr 2018–\nSL2017-44 amendments by\nSL2017-44\n9 July 2021–\nA2020-30 amendments by\nA2020-30\n27 Apr 2024\n27 Apr 2024–\n26 Feb 2025\nSL2024-5 amendments by\nSL2024-5\n27 Feb 2025\n27 Feb 2025–\n15 Dec 2025\nA2025-1 amendments by\nA2025-1\n\nExpired transitional or validating provisions 6\n6 Expired transitional or validating provisions\nThis Act may be affected by transitional or validating provisions that have expired.\nThe expiry does not affect any continuing operation of the provisions (see\nLegislation Act 2001, s 88 (1)).\nExpired provisions are removed from the republished law when the expiry takes\neffect and are listed in the amendment history using the abbreviation ‘exp’ followed\nby the date of the expiry.\nTo find the expired provisions see the version of this Act before the expiry took\neffect. The ACT legislation register has point-in-time versions of this Act.","sortOrder":265}],"analysis":{"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"The regulation has grown beyond a bare implementation of the ADG Code into a comprehensive, administratively detailed regulatory regime. Later amendments (noted in the endnotes) add mutual recognition mechanisms (ch 17 and s 168A), CAP referral and coordination provisions (pt 19.1A, ss 182A–182D), expanded licensing and vehicle‑licence administration (ch 20 updates), new procedural obligations (eg nominally empty storage vessels, pt 9.3), and delegation/authorisation powers for third‑party approvals (s 55). These additions increase the regulation’s scope from setting technical standards and offences to operating a substantive administrative system of approvals, cross‑jurisdictional recognition and licensing — shifting some decision‑making into administrative processes and inter‑jurisdictional coordination (see chs 17–20, 55, 182A–182D, and the amendment history entries for SL2024‑5 and A2025‑29)."},"complexity_factors":["236 numbered sections plus schedules and extensive dictionary","Approximately 90 defined terms in the dictionary and multiple definitions carried across the Act and regulation (eg ss 9–21, Dictionary)","Heavy cross‑referencing to external instruments (ADG code, ANZ‑ERG, ICAO technical instructions, IMDG code, AFG guidelines) used substantively (ss 22–24; dict.)","Numerous and varied offence provisions across many parts (many strict liability offences) — offences for consignors, packers, loaders, prime contractors, drivers, owners, occupiers (ch 6 and recurrent in later chapters)","Multiple administrative streams: determinations, administrative determinations, approvals, exemptions, licences and registers (chs 3, 18–19, 20, 17)","Mutual recognition architecture and CAP referrals that import and give effect to corresponding decisions from other jurisdictions (ch 17, ss 163–168A)","Layered conditionality: approvals and determinations may be subject to conditions; many variations, cancellations and review mechanisms (chs 19, 20)","Technical performance and testing requirements tied to packaging design approvals and test certificates (pt 5.2, ss 46–52)","Detailed operational rules on bulk transfer, ullage/filling ratios, stowage/restraint, segregation and emergency responses (chs 10–12, 15–16)","Administrative burdens for record keeping, inspections and evidence (eg ss 125–128, 136A, 212, 225)"],"plain_english_summary":"**What this regulation does, mechanically**\n\n- It sets detailed legal rules for the road transport of dangerous goods in the Australian Capital Territory. At a high level it: defines terms; imports the Australian Dangerous Goods (ADG) Code and related instruments; creates duties and offences for people in the supply chain; establishes processes for approvals, exemptions and determinations by the competent authority; creates licensing and insurance regimes for drivers and vehicles; and sets record‑keeping, emergency and inspection requirements (see s 6; chs 3, 13, 16, 20, 21). \n\n- The regulation repeatedly delegates technical detail to external instruments (the ADG code, ANZ‑ERG, ICAO technical instructions, IMDG code, AFG guidelines) and makes those instruments part of the operative rules (see ss 22–24; dict. entries). That means much of the technical compliance work (packing, placarding, stowage, tests, approvals) is governed by those codes but enforced through offences in this regulation (for example chs 5–12, 13). \n\n**Who this affects (primary duty‑holders and participants)**\n\n- Consignors (people who prepare goods for transport) — numerous obligations on packing, documentation, placarding and emergency information (eg chs 4, 7, 13, 16).  \n- Packers, loaders and handlers — duties on suitability of packaging, inspection, loading, stowage, segregation and bulk transfer (chs 5, 10–12).  \n- Drivers and owners of vehicles — vehicle equipment, safety standards, placarding, carrying and producing documentation, and emergency duties (chs 8, 13–15, 16).  \n- Prime contractors (organisers of the transport) — broad obligations to ensure compliance by others, to keep records, to maintain safety equipment and to notify authorities after incidents (multiple offence provisions across chs 4, 12–16).  \n- Manufacturers and testing facilities — rules on approved designs, test certificates and compliance plates for tanks, MEGCs and other packaging (chs 5.2, ss 46–55, 65).  \n- Businesses that operate as authorised bodies, licensing authorities or competent authority (administrative decision‑makers under chs 3, 19–21).  \n\n(Representative provisions: offence regimes in ch 6; training and competency in ch 2; licensing and registers in ch 20 and ch 17.)\n\n**How it works (key mechanisms and obligations, succinctly)**\n\n- Definitions and external standards: the regulation defines core terms and says the ADG code (and certain other instruments) supply classification, packing and operational standards (see ss 9–21; ss 22–24). \n\n- Duties and criminal penalties: the regulation imposes specific duties on consignors, packers, loaders, drivers, prime contractors and vehicle owners. Non‑compliance is an offence with specified penalty units; many offences are strict liability (see ch 6 and throughout). \n\n- Delegated decisions and approvals: the competent authority may make determinations (what is dangerous, incompatibilities, vehicle/route restrictions — ch 3, s 29–30), grant approvals and exemptions (chs 18–19), and authorise third parties to issue approvals (s 55). Conditions can be attached to approvals and determinations (ss 32, 50, 53). \n\n- Licensing and registers: drivers and vehicles used for larger quantities must hold dangerous‑goods licences (ch 20, ss 196–219). The competent authority maintains public registers of determinations, approvals, exemptions and licences (ch 17, ss 35, 170, 183, 225). \n\n- Mutual recognition and CAP: the regulation provides for corresponding determinations, approvals, exemptions and licences from other jurisdictions to operate in the ACT where the Competent Authorities Panel (CAP) has decided they should (ch 17, ss 163–168A). \n\n- Compliance and record keeping: prime contractors and occupiers must keep records (e.g. bulk transfer hose maintenance — ss 125–128; transport documents — ss 133–136A). Emergency plans, telephone advisory services and emergency information holders are required for placard loads (ch 16, ss 156–159). \n\n**Why it matters — official rationale and practical trade‑offs**\n\n- Officially (s 6) the regulation exists to set obligations for road transport of dangerous goods, reduce risks to people, property and environment, implement the ADG code in road transport, and promote consistency across transport modes.\n\n- Practical trade‑offs and incentives to note: \n  - Safety versus compliance cost: the regulation translates technical ADG standards into criminal offences and licence conditions (many with high penalties). Businesses transporting, packing or handling dangerous goods face compliance costs (training, approved packaging and tests, vehicle equipment, licensing and insurance) that are concentrated on firms that move larger or specialised loads (see chs 5, 12, 20, 21). \n  - Delegated discretion: the competent authority has broad discretionary powers to determine what is dangerous, to restrict routes/times/vehicles, and to grant approvals or exemptions (ss 29–33, 50, 53). That creates implementation flexibility but also administrative discretion — decisions may create compliance uncertainty for operators. \n  - Centralisation and mutual recognition: CAP and corresponding authorities can extend other jurisdictions’ approvals and exemptions into the ACT (chs 17, 18). This reduces duplicate approvals for multi‑jurisdictional operators (lowering duplication costs) but introduces complexity when CAP referrals are required and when corresponding jurisdiction rules differ. \n  - Market effects: approved testing facilities and training providers (and authorised bodies given powers under s 55) are likely to capture a portion of compliance spending (testing, approvals, training). Independent transport operators bear ongoing costs to meet design, inspection, document and licensing requirements. \n  - Enforcement regime: many offences are strict liability and the regulation imposes record‑keeping obligations (eg s 136A). Strict liability lowers enforcement burden for regulators but raises business compliance risk and potential for inadvertent breaches. \n\n**Who pays, who decides, and the behaviour changes the regulation drives**\n\n- Who pays: mainly consignors, prime contractors, vehicle owners/operators, and packers. Costs arise from purchasing compliant packaging, tests and certificates, vehicle equipment and inspections, training and licensing, insurance or self‑insurance approval (s 237–239), and from record‑keeping (s 136A; chs 12, 13). \n\n- Who decides: the competent authority exercises central decision‑making power (chs 3, 19), may delegate to authorised bodies (s 55), and CAP can determine mutual recognition outcomes (ch 17). Many technical rules are adopted from the ADG code and related instruments; the regulator enforces them through the offences listed in this regulation. \n\n- Behaviour changes expected: operators will (a) obtain licences and training as required (ch 2, ch 20); (b) use approved packaging and have designs tested and certified (ch 5); (c) placard, document and stow goods according to ADG code requirements or risk criminal sanctions (chs 7, 10); (d) maintain safety equipment, keep records and follow emergency procedures (chs 13–16); and (e) seek approvals/exemptions/determinations where practical compliance is not feasible (chs 3, 18–19). \n\n**Implementation risks and compliance burdens**\n\n- Administrative complexity: large number of approvals, registers and CAP referrals (chs 17–19) increases administrative load for both industry and the regulator. \n- Cross‑reference risk: heavy reliance on external instruments (ADG code and others) means compliance requires ongoing monitoring of multiple external texts; enforcement refers back to those texts (ss 22–24). \n- Concentration of compliance costs: small transport operators carrying occasional small quantities are largely exempt (s 7 and s 8), while firms carrying placard loads or large tanks bear most costs — this creates concentrated compliance costs on larger carriers. \n\n**Representative provisions cited**: objects (s 6); definitions and references to ADG code (ss 9, 22–24); determinations and conditions (ss 29–33); approvals and packaging (ss 46–55); offences for consignors/packers/loaders/drivers/prime contractors (ch 6 and multiple parts); transport documentation and emergency info (chs 13–16); licences and registers (ch 20; ch 17); insurance (ss 237–239)."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"_metrics":{"completionTokens":757},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":false,"description":"The regulation appears to maintain its original scope as a comprehensive dangerous goods road transport safety framework. While it has been amended multiple times (most recently in December 2025), the amendments appear to be technical updates, definitional clarifications, and alignment with evolving national standards rather than expansion into new substantive areas. The core structure covering packaging, placarding, licensing, and chain of responsibility remains consistent with the original 2010 framework."},"complexity_factors":["Extensive cross-referencing to the ADG Code (Australian Dangerous Goods Code), ICAO Technical Instructions, IMDG Code, and other external standards that are incorporated by reference","Multiple overlapping duty holders (consignor, packer, loader, prime contractor, driver, owner) with slightly different obligations for each role","Numerous defined terms (47+ in the dictionary) including technical packaging concepts like IBCs, MEGCs, bulk containers, and portable tanks","Nested conditional logic with multiple thresholds (500L/500kg, 250/1000 aggregate quantities, packing groups I-III) triggering different requirements","Strict liability offences mixed with knowledge-based offences, creating complex compliance matrices","Extensive administrative procedures for determinations, exemptions, approvals and licences with referral mechanisms to CAP (Competent Authorities Panel)","Mutual recognition provisions creating inter-jurisdictional legal effects","Multiple amendment layers (Republication No 8) with transitional provisions and expired sections"],"plain_english_summary":"This regulation governs road transport of dangerous goods in the ACT, applying to everyone in the supply chain—from consignors and packers to drivers and transport companies. It sets safety rules on classification, packaging, labelling, placarding, licences and training, and handles special situations (bulk transfers, emergencies, infectious or self‑reactive substances), while allowing exemptions and mutual recognition with other states. It’s meant to prevent accidents, protect responders and the environment, and align with the national ADG Code."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/dangerous-goods-road-transport-regulation-2010","history":"/api/acts/dangerous-goods-road-transport-regulation-2010/history","analysis":"/api/acts/dangerous-goods-road-transport-regulation-2010/analysis","conflicts":"/api/acts/dangerous-goods-road-transport-regulation-2010/conflicts","importantCases":"/api/acts/dangerous-goods-road-transport-regulation-2010/important-cases","documents":"/api/acts/dangerous-goods-road-transport-regulation-2010/documents"}}