{"id":"dangerous-substances-dangerous-goods-transport-regulations-2023","name":"Dangerous Substances (Dangerous Goods Transport) Regulations 2023","slug":"dangerous-substances-dangerous-goods-transport-regulations-2023","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":235353,"registerId":"sa-dangerous-substances-dangerous-goods-transport-regulations-2023-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"Part 1—Preliminary\n1—Short title\nThese regulations may be cited as the Dangerous Substances (Dangerous Goods Transport) Regulations 2008.\n2—Commencement\nThese regulations come into operation on the day on which they are made.\n3—Scope of Act and regulations\n\t(1)\tFor the purposes of Part 4 of the Act and these regulations, the following will not be regarded as dangerous goods that are being transported in or on a vehicle:\n\t(a)\tdangerous goods that are in the vehicle's fuel tank;\n\t(b)\tdangerous goods that are in an appliance or plant that is necessary for the vehicle's operation and forms part of the vehicle;\n\t(c)\tdangerous goods that comprise portable fire fighting equipment or other portable safety equipment and are part of the safety equipment of the vehicle.\n\t(2)\tPart 4 of the Act and these regulations do not apply to the transport of the following dangerous goods except when they are being transported with other dangerous goods:\n\t(a)\tdangerous goods of UN Class 1 (explosives);\n\t(b)\tdangerous goods of UN Division 6.2 (infectious substances);\n\t(c)\tdangerous goods of UN Class 7 (radioactive material);\n\t(d)\texplosives within the meaning of the Explosives Act 1936 and substances declared to be explosives by proclamation under section 5 of that Act.\nSecurity sensitive ammonium nitrate has been declared to be an explosive by proclamation (see Gazette 25.1.2006 p 348).\n\t(3)\tPart 4 of the Act and these regulations do not apply to—\n\t(a)\tgoods that satisfy the criteria set out, or referred to, in Part 2 of the ADG Code if a determination under regulation 168 that the goods are not dangerous goods is in effect; and\n\t(b)\tgoods if they are described as not subject to the ADG Code in a Special Provision applied to the goods by column 6 of the Dangerous Goods List and any criteria set out in that description as the basis for the goods not being subject to the code are satisfied.\n\t(4)\tPart 4 of the Act and these regulations do not apply to the transport of a load containing dangerous goods in or on a vehicle if the aggregate quantity of dangerous goods in the load is no more than the quantity set out in section 1.1.1.2(3)(a) of the ADG Code.\n\t(5)\tPart 4 of the Act and these regulations do not apply to the transport of a load containing dangerous goods in or on a vehicle if each of the following is satisfied:\n\t(a)\tthe load does not include dangerous goods of UN Class 1 (explosives), disregarding any track signals carried in a unit of rolling stock for the safety of persons working in rail transport and any dangerous goods of UN Division 1.4S other than detonators, shaped charges and detonating cord;\n\t(b)\tif the load includes dangerous goods of UN Division 2.1 (other than aerosols), UN Division 2.3 or Packing Group I—the aggregate quantity of dangerous goods in the load is less than 62.5;\n\t(c)\tthe load does not include dangerous goods of Category A of UN Division 6.2 (infectious substances) or UN Class 7 (radioactive material);\n\t(d)\tthe load does not include dangerous goods in a receptacle with a capacity of more than 500 litres;\n\t(e)\tthe load does not include more than 500 kilograms of dangerous goods in a receptacle;\n\t(f)\tthe aggregate quantity of the dangerous goods in the load is less than 250;\n\t(g)\tthe goods are packed in packaging that is suitable for their transport, and in accordance with any relevant provisions of Part 4 (or, if applicable, Chapter 3.4 or 3.5) of the ADG Code, as required by Part 5;\n\t(h)\tthe goods are not being transported in the course of a business of transporting goods by road;\n\t(i)\tin relation to transport by rail—the goods are not being transported on a passenger train.\n\t(6)\tPart 4 of the Act and these regulations do not apply to the transport of dangerous goods by or at the direction of—\n\t(a)\tan authorised officer who is exercising a power under the Act; or\n\t(b)\tan emergency services officer who is acting to reduce, eliminate or avert risk of personal injury, property damage or environmental harm from dangerous goods in a dangerous situation.\n","sortOrder":0},{"sectionNumber":"Part 2","sectionType":"part","heading":"Interpretation","content":"Part 2—Interpretation\n4—Interpretation\n\t(1)\tFor the purposes of these regulations—\nAct means the Dangerous Substances Act 1979;\nADG Code means the Australian Code for the Transport of Dangerous Goods by Road and Rail approved by the Ministerial Council as in force or remade from time to time;\nADR approved means approved in accordance with the Agreement Concerning the International Carriage of Dangerous Goods by Road published by the Inland Transport Committee of the Economic Commission for Europe;\naggregate quantity—the aggregate quantity of dangerous goods in a load is the total of—\n\t(a)\tthe number of kilograms of—\n\t(i)\tsolid dangerous goods; and\n\t(ii)\tarticles (including aerosols),\nin the load; and\n\t(b)\tthe number of litres or kilograms, whichever is used in the transport documentation for the load to describe the goods, of liquid dangerous goods in the load; and\n\t(c)\tthe total capacity in litres of receptacles in the load containing dangerous goods of UN Class 2 (other than aerosols);\nambulance officer means a person employed as an ambulance officer, or engaged as a volunteer ambulance officer, with an organisation that provides ambulance services;\nappropriately marked and labelled—see regulation 75;\nappropriately placarded—see regulation 79;\napproval—see regulation 170;\napproved packaging means—\n\t(a)\tpackaging of a design that is approved under regulation 170(3); or\n\t(b)\tforeign approved packaging;\napproved tank means—\n\t(a)\ta tank of a design that is approved under regulation 170(3); or\n\t(b)\ta foreign approved tank;\napproved test means a test that is approved under regulation 170(1);\napproved training course means a training course that is approved under regulation 170(1);\narticle means a manufactured item, other than a fluid or particle, that—\n\t(a)\tis formed into a particular shape or design during manufacture; and\n\t(b)\thas hazard properties and a function that are wholly or partly dependent on that shape or design,\nand includes batteries, aerosols, gas‑filled lighters, seat belt pre‑tensioners and refrigerating machines;\nbulk container means a system for containing solid substances, including any liner or coating that—\n\t(a)\tis designed for transporting solid substances in direct contact with the system; and\n\t(b)\tis of a permanent character suitable for repeated use; and\n\t(c)\tis designed to facilitate the transport of solid substances by 1 or more modes of transport, without the need for the substances to be unloaded and reloaded when transferred from 1 mode to another; and\n\t(d)\tis fitted with devices that permit ready handling; and\n\t(e)\thas a capacity of at least 1 m3,\nFreight containers, offshore bulk containers, skips, bulk bins, swap bodies, trough-shaped containers, roller containers, load compartments of vehicles and flexible containers are bulk containers.\nhowever, an IBC, large packaging or a portable tank is not a bulk container;\nbulk transfer of dangerous goods means the transfer by gravity, pump or pressure differential of liquid, solid or gaseous dangerous goods by the use of pipework or hose;\nCAP means the Competent Authorities Panel comprised of the Competent Authority and the corresponding authorities and acting under rules established by the participating jurisdictions through the National Transport Commission;\ncapacity means the total internal volume of a packaging at a temperature of 15° Celsius, expressed in litres or cubic metres;\ncargo transport unit means—\n\t(a)\ta road transport tank or freight vehicle; or\n\t(b)\ta railway transport tank or freight wagon; or\n\t(c)\ta portable tank; or\n\t(d)\ta bulk container; or\n\t(e)\ta freight container; or\n\t(f)\ta MEGC;\ncompliance plate means a plate that must be attached to an MEGC, portable tank or tank vehicle under Part 6 of the ADG Code;\nconsignor—a person is the consignor of goods that are transported if—\n\t(a)\tthe person is, with the person's authority, named or otherwise identified in transport documentation as the consignor of the goods; or\n\t(b)\tthe person engages a prime contractor or rail operator, either directly or through an agent or other intermediary, to transport the goods; or\n\t(c)\tthe person has possession of, or control over, the goods immediately before the goods are transported; or\n\t(d)\tthe person loads a vehicle with the goods, for transport, at a place—\n\t(i)\twhere dangerous goods are awaiting collection; and\n\t(ii)\tthat is unattended (except by the driver) during loading; or\n\t(e)\tin the case of goods transported following their import into Australia—the person is the importer of the goods;\nconverter dolly—\n\t(a)\tin relation to a light vehicle (within the meaning of the Road Traffic Act 1961)—has the same meaning as in the Road Traffic (Light Vehicle Standards) Rules 2018;\n\t(b)\tin relation to a heavy vehicle (within the meaning of the Road Traffic Act 1961)—has the same meaning as in the Heavy Vehicle National Law (South Australia);\ncorresponding approval means an approval to which regulation 171 applies;\ncorresponding authority means the authority in another participating jurisdiction, or if there are separate authorities in that jurisdiction in relation to road transport and to rail transport, the authority in relation to road transport or rail transport, as the case requires, whose functions most nearly correspond to those of the Competent Authority;\ncorresponding dangerous goods driver licence means a licence granted under a provision of the law of another State or a Territory of the Commonwealth corresponding to regulation 21 and to which regulation 42 applies;\ncorresponding dangerous goods vehicle licence means a licence granted under a provision of the law of another State or a Territory of the Commonwealth corresponding to regulation 27 and to which regulation 42 applies;\ncorresponding determination means a determination to which regulation 169 applies;\ncorresponding exemption means an exemption to which regulation 182 applies;\ncorresponding law means a law of another State or a Territory of the Commonwealth corresponding, or substantially corresponding, to Part 4 of the Act and these regulations;\ndangerous goods—see regulation 12;\ndangerous goods driver licence means a licence that is in force under Part 3 Division 2;\nDangerous Goods List means the list set out in section 3.2.3 of the ADG Code;\ndangerous goods vehicle licence means a licence that is in force under Part 3 Division 3;\ndemountable tank means a tank, other than a portable tank, that is designed to be carried on a vehicle but that does not form part of and is not permanently attached to the vehicle and is designed to be removable;\ndetermination—see regulation 168;\ndriver licence means a licence (including a probationary and a conditional licence but not including a provisional or learner's licence or permit) issued under the Motor Vehicles Act 1959 or a law of another State or a Territory of the Commonwealth that corresponds to that Act authorising the driver to drive a road vehicle;\nemergency services officer means—\n\t(a)\tan officer or employee of South Australian Metropolitan Fire Service, South Australian Country Fire Service or South Australian State Emergency Service; or\n\t(b)\tan ambulance officer;\nequipment, in relation to a vehicle, includes a device for segregating dangerous goods from incompatible goods;\nexemption means an exemption granted under section 36 of the Act;\nfire service means the South Australian Metropolitan Fire Service or the South Australian Country Fire Service;\nfood includes—\n\t(a)\ta substance prepared or intended for human or animal consumption; and\n\t(b)\ta substance (except dangerous goods) intended to be an ingredient of food;\nfood packaging means—\n\t(a)\ta receptacle that contains, or is designed or intended to contain, food; or\n\t(b)\tmaterial designed or intended to be used in a receptacle that is designed or intended to contain food; or\n\t(c)\tplastic wrapping intended for the packaging of food;\nforeign approved, in relation to packaging, means packaging that has the markings required by Part 6 of the ADG Code for packaging of its type, in confirmation that the packaging is ADR, ICAO, IMO, RID or UN approved;\nTypes of foreign approved packaging include, but are not limited to, bulk containers, IBCs, large packagings, MEGCs, portable tanks, pressure drums and tubes that are ADR, ICAO, IMO, RID or UN approved.\nfreight container means a container that—\n\t(a)\tis of a permanent character suitable for repeated use; and\n\t(b)\tis designed to facilitate the transport of goods by 1 or more modes of transport, without the need for the goods to be unloaded and reloaded when the container is transferred from 1 mode to another; and\n\t(c)\tis fitted with devices that permit the ready stowage and handling of the container, particularly in relation to the transfer of the container from 1 mode of transport to another; and\n\t(d)\tis designed in a way that facilitates the ease of loading and unloading of goods from the container; and\n\t(e)\tfor a container used to transport goods other than radioactive material—has an internal volume of at least 1 m3;\ngoods means substances or articles;\ngoods too dangerous to transport—see regulation 13;\nHeavy Vehicle National Law (South Australia) has the same meaning as in the Heavy Vehicle National Law (South Australia) Act 2013;\nhose assembly means a hose, or hoses connected together, for use in the transfer of dangerous goods to or from a tank on a vehicle, a portable tank or a storage receptacle and includes—\n\t(a)\tif there are 2 or more hoses connected together—the connections between the hoses; and\n\t(b)\tthe attachment connecting the hose or hoses to the tank; and\n\t(c)\tanything else (except the vehicle, tank or receptacle) attached to the hose or hoses;\nIBC (intermediate bulk container) means a rigid or flexible portable packaging for the transport of dangerous goods that complies with the specifications in Chapter 6.5 of the ADG Code and that—\n\t(a)\thas a capacity of not more than—\n\t(i)\tfor solids of Packing Group I packed in a composite, fibreboard, flexible, wooden or rigid plastics container—1 500 litres; and\n\t(ii)\tfor solids of Packing Group I packed in a metal container—3 000 litres; and\n\t(iii)\tfor solids or liquids of Packing Groups II and III—3 000 litres; and\n\t(b)\tis designed for mechanical handling,\nbut does not include rigid or flexible portable packaging that complies with the requirements of Chapter 6.1, 6.3 or 6.6 of the ADG Code;\nICAO approved means approved in accordance with the ICAO Technical Instructions as in force from time to time;\nICAO Technical Instructions means the Technical Instructions for the Safe Transport of Dangerous Goods by Air published by the International Civil Aviation Organisation as in force from time to time;\nIMDG Code means the International Maritime Dangerous Goods Code published by the International Maritime Organisation as in force from time to time;\nIMO approved means approved in accordance with the IMDG Code;\nincompatible—see regulation 17;\ninner packaging has the same meaning as in section 1.2.1 of the ADG Code;\nintermediate packaging has the same meaning as in section 1.2.1 of the ADG Code;\njourney means the transport of dangerous goods from where the goods are consigned to where the goods are delivered to the consignee;\nlarge packaging means packaging that—\n\t(a)\tconsists of outer packaging that contains articles or inner packagings; and\n\t(b)\tis designed for mechanical handling; and\n\t(c)\thas—\n\t(i)\ta net mass of more than 400 kilograms or a capacity of more than 450 litres; and\n\t(ii)\ta volume of not more than 3 m3;\nload—a person loads goods on to a vehicle for transport if the person—\n\t(a)\tplaces or secures unpackaged articles or 1 or more packages of goods in or on the vehicle (but not by placing or securing a package in further packaging already on the vehicle); or\n\t(b)\tsupervises an activity mentioned in paragraph (a); or\n\t(c)\tmanages or controls an activity mentioned in paragraph (a) or (b);\nload—\n\t(a)\tall the goods transported in a cargo transport unit on a unit of rolling stock being operated or used on rails constitute a load; and\n\t(b)\tall the goods transported in or on a vehicle (other than a vehicle that is a unit of rolling stock being operated or used on rails or a cargo transport unit on such a unit of rolling stock) constitute a load,\nand, for those purposes, goods transported in or on all trailers attached to a vehicle (including a vehicle that is a cargo transport unit on a unit of rolling stock) will be regarded as being transported in or on the vehicle;\nMEGC (multiple‑element gas container) means a multimodal assembly of cylinders, tubes or bundles of cylinders that are interconnected by a manifold and assembled within a framework for the transport of gases in the cylinders and tubes, together with service equipment and structural equipment necessary for the transport of gases in the cylinders and tubes;\nMinisterial Council means the body (however described) that consists of the Minister of the Commonwealth, and the Minister of each State and Territory, who is responsible, or principally responsible, for matters relating to infrastructure and transport;\nmultimodal means applicable to, or suitable for use on, more than 1 mode of transport;\nNATA means the National Association of Testing Authorities Australia;\nouter packaging has the same meaning as in section 1.2.1 of the ADG Code;\noverpack means an enclosure, other than large packaging, used to contain 1 or more packages in a way that forms 1 unit for convenience of stowage and handling during transport;\n\t•\tpackages placed or stacked on a pallet and secured by strapping, shrink wrapping, stretch wrapping or another suitable way;\n\t•\tpackages placed in protective outer packaging such as in a box or crate.\nowner—a person is an owner of a vehicle if the person—\n\t(a)\tis the sole owner, a joint owner or a part owner of the vehicle; or\n\t(b)\thas possession or use of the vehicle under a credit, hire‑purchase, lease or other agreement, except an agreement requiring the vehicle to be registered in the name of someone else;\npack—a person packs goods for transport if the person—\n\t(a)\tputs the goods in a packaging (even if that packaging is already in or on a vehicle); or\n\t(b)\tassembles, places or secures packages in packaging designed to hold, enclose or otherwise contain more than 1 package (even if that packaging is already in or on a vehicle); or\n\t(c)\tsupervises an activity mentioned in paragraph (a) or (b); or\n\t(d)\tmanages or controls an activity mentioned in paragraph (a), (b) or (c);\npackage—a package of dangerous goods or other goods is the complete product of the packing of the goods for transport, and consists of the goods and their packaging;\npackaging includes—\n\t(a)\tinner packaging, intermediate packaging, outer packaging, an overpack, large packaging, an IBC, an MEGC, a tank (including the tank of a tank vehicle), a bulk container or freight container, a drum, a barrel, a jerry can, a box and a bag; and\n\t(b)\tany other components or materials used for containing the contents of the packaging, or performing another safety function in relation to the transport of the packaging and its contents;\nPacking Group—see regulation 16;\nparticipating jurisdiction means this State or another State or a Territory of the Commonwealth that has a corresponding law;\nplacard load means a load of dangerous goods that—\n\t(a)\tcontains dangerous goods in a receptacle, other than an article, with a capacity of more than 500 litres; or\n\t(b)\tcontains more than 500 kilograms of dangerous goods in a receptacle, other than an article; or\n\t(c)\tcontains an aggregate quantity of dangerous goods (other than specified goods) of 250 or more and those goods include—\n\t(i)\tdangerous goods of UN Division 2.1 that are not aerosols; or\n\t(ii)\tdangerous goods of UN Division 2.3; or\n\t(iii)\tdangerous goods of Packing Group I; or\n\t(d)\tcontains dangerous goods of Category A of UN Division 6.2; or\n\t(e)\tcontains an aggregate quantity of dangerous goods of UN Division 6.2 (other than Category A) of 10 or more; or\n\t(f)\tcontains an aggregate quantity of dangerous goods (other than specified goods) of 1 000 or more; or\n\t(g)\tcontains specified goods if—\n\t(i)\tthe specified goods include an aggregate of 2 000 or more of any 1 UN Number from a single place or consignment; or\n\t(ii)\tthe total gross mass of the specified goods is 8 tonnes or more; or\n\t(h)\tcontains a mixture of specified goods and dangerous goods that do not otherwise constitute a placard load under paragraphs (a) to (g) (inclusive) with a combined quantity as follows:\n\t(i)\tif the load contains dangerous goods referred to in subparagraphs (c)(i), (ii) or (iii)—the aggregate quantity of those goods plus 10% of the total gross mass of the specified goods is 250 or more;\n\t(ii)\tin any other case—the aggregate quantity of dangerous goods that are not specified goods plus 25% of the total gross mass of the specified goods is 1 000 or more;\nportable tank means a tank used for the transport of a solid, liquid or gas that—\n\t(a)\tincludes a shell fitted with service equipment and structural equipment necessary for the transport of the solid, liquid or gas; and\n\t(b)\tis capable of being loaded and unloaded without removing its structural equipment; and\n\t(c)\thas stabilising components external to its shell, and is capable of being lifted when full; and\n\t(d)\tis designed primarily to be loaded on to a vehicle or vessel and is equipped with skids, mountings or accessories to facilitate mechanical handling; and\n\t(e)\tfor a tank used for transporting a substance of UN Class 1 or UN Class 3 to 9—is a multimodal tank; and\n\t(f)\tfor a tank used for transporting non-refrigerated, liquefied gases of UN Class 2—is a multimodal tank having a capacity of more than 450 litres; and\n\t(g)\tfor a tank used for transporting refrigerated, liquified gases of UN Class 2—is a thermally insulated tank having a capacity of more than 450 litres; and\n\t(h)\tis not an item that is not considered to be a portable tank for the purposes of the ADG Code;\nSee the definition of portable tank in section 1.2.1 of the ADG Code for the list of items that are not considered to be a portable tank for the purposes of the ADG Code.\npressure drum means a welded transportable pressure receptacle of a water capacity of more than 150 litres but not more than 1 000 litres;\nprime contractor—a person is a prime contractor in relation to goods transported by road vehicle if the person, in conducting a business of or involving the transport of dangerous goods, undertakes to be responsible, or is responsible, for the transport of the goods by road vehicle;\nprime mover means a road vehicle that is designed to tow a trailer but does not include a vehicle that has a load carrying capacity without a trailer;\nrail operator—a person is a rail operator in relation to goods transported by rail if the person undertakes to be responsible, or is responsible, for—\n\t(a)\tthe transport of the goods by rail; or\n\t(b)\tthe condition of a unit of rolling stock transporting the goods;\nrail tank wagon means a rail wagon of which a tank forms an integral part;\nrail wagon means a unit of rolling stock that—\n\t(a)\tis designed to carry freight by rail; and\n\t(b)\tbears a unique identifying number or alphanumeric identifier;\nreceptacle, in relation to a substance or article, means a container that is—\n\t(a)\tfor receiving and holding the substance or article (including anything that enables the container to be closed); and\n\t(b)\tin contact with the substance or article;\nregistered vehicle means a vehicle registered under the Motor Vehicles Act 1959 or a law of the Commonwealth or of another State or a Territory of the Commonwealth dealing with the registration of motor vehicles;\nRID approved means approved in accordance with the Regulations Concerning the International Carriage of Dangerous Goods by Rail published by the Intergovernmental Organisation for International Carriage by Rail;\nroad includes a road-related area within the meaning of the Road Traffic Act 1961 (but the meaning of road in these regulations is not limited to the meaning of road in that Act);\nroad tank vehicle means a road vehicle of which a tank forms part or to which a tank, other than a portable tank, is attached;\nroad vehicle means any vehicle other than a unit of rolling stock being operated or used on rails;\nservice equipment, in relation to an MEGC or tank, has the meaning given in section 6.7.2.1, 6.7.3.1, 6.7.4.1 or 6.7.5.1 of the ADG Code, as the case requires;\nSpecial Provision—Column 6 of the Dangerous Goods List specifies whether a Special Provision applies to dangerous goods, and Chapter 3.3 of the ADG Code lists the Special Provisions that apply;\nspecified goods means—\n\t(a)\tdangerous goods that are packed in limited quantities; and\n\t(b)\tthe following dangerous goods:\n\t(i)\tfireworks that are bon bons, party poppers or sparklers;\n\t(ii)\tdomestic smoke detectors containing radioactive material;\n\t(iii)\tlighters or lighter refills containing flammable gas;\n\t(iv)\tfire extinguishers with compressed or liquefied gas, up to a net mass of 23 kilograms; and\n\t(c)\ta combination of the dangerous goods referred to in paragraphs (a) and (b);\nSee Note 5 to Table 5.3 of the ADG Code.\nstructural equipment, in relation to an MEGC or tank, has the meaning given in section 6.7.2.1, 6.7.3.1, 6.7.4.1 or 6.7.5.1 of the ADG Code, as the case requires;\nSubsidiary Hazard—see regulation 15;\ntank means—\n\t(a)\tunless the context otherwise requires, a reference in these regulations to a tank is a reference to a portable tank, a road tank vehicle, a rail tank wagon, or a receptacle used to contain a solid, liquid or gas;\n\t(b)\thowever, a reference to a tank includes an item mentioned in paragraph (a) that is used to transport a gas (as defined in section 2.2.1.1 of the ADG Code) only if it has a capacity of at least 450 litres;\ntank vehicle means a road vehicle or unit of rolling stock—\n\t(a)\tof which a tank forms part; or\n\t(b)\tto which a tank (other than a portable tank) is attached;\ntrailer means a road vehicle that is designed to be towed, or is towed, by another road vehicle but does not include a road vehicle propelled by a motor that forms part of the vehicle;\ntrain means 2 or more units of rolling stock that are coupled together, at least 1 unit of which is a locomotive or self propelled unit;\ntransport documentation means a manifest of goods being, or to be, transported in or on a vehicle;\ntube means a pressure receptacle of seamless or composite construction having a water capacity exceeding 150 litres but not more than 3 000 litres;\nUN approved means approved in accordance with the Recommendations on the Transport of Dangerous Goods, Model Regulations published by the United Nations;\nUN Class of dangerous goods means the Class to which dangerous goods belong in accordance with regulation 14;\nUN Division of dangerous goods means the Division to which dangerous goods of a particular UN Class belong in accordance with regulation 14;\nunit of rolling stock means a vehicle designed to run on rails; the term includes a vehicle that is designed to operate or be used on a road or on rails but only while it is being operated or used on rails.\nA rail wagon; a rail tank wagon; a locomotive; a guard's van; a crew or passenger carriage; a track maintenance vehicle.\n\t(2)\tFor the purposes of these regulations, a packaging will be taken to contain dangerous goods if it has contained dangerous goods, the dangerous goods have been unpacked from the packaging and the packaging is not free from dangerous goods.\n\t(3)\tFor the purposes of the definition of unit load in the Act, unit load has the same meaning as overpack.\n5—Reference to ADG Code extends to special provisions\n\t(1)\tFor the purposes of these regulations, a reference to a particular Part, Chapter or section of the ADG Code is to be read as if it incorporated and were subject to the Special Provisions referenced in the Dangerous Goods List.\n\t(2)\tConsequently, for example—\n\t(a)\tin Part 6, a requirement for a package of dangerous goods to be marked and labelled in accordance with Chapter 5.2 of the ADG Code is subject to any applicable Special Provision referenced in the Dangerous Goods List, and includes a requirement that the package be marked and labelled in accordance with any additional requirement specified in such a Special Provision (for example, SP No 29); and\n\t(b)\tin Part 9, a requirement for dangerous goods and their packaging to be stowed, loaded and restrained in accordance with Chapter 8.1 of the ADG Code is subject to any applicable Special Provision referenced in the Dangerous Goods List, and includes a requirement that the goods and their packaging be stowed, loaded and restrained in accordance with any additional requirement specified in such a Special Provision (for example, SP No 132); and\n\t(c)\tin Part 12, a requirement for transport documentation to comply with Chapter 11.1 of the ADG Code is subject to any applicable Special Provision referenced in the Dangerous Goods List, and includes a requirement that the documentation comply with any additional requirement specified in such a Special Provision (for example, SP No 274 and SP No 297).\nSee also regulation 52.\n6—References in the ADG Code to regulations\nFor the purposes of these regulations, a reference in the ADG Code to a numbered regulation is to be taken to be a reference to the provision in these regulations that corresponds to the provision of that number in Schedule 2 of the National Transport Commission (Model Legislation—Transport of Dangerous Goods by Road or Rail) Regulations 2007 of the Commonwealth.\n7—References to codes, standards and rules\n\t(1)\tIn these regulations, a reference to an instrument includes a reference to another instrument as applied or adopted by, or incorporated in, the first instrument (including the instrument as amended from time to time if that is how it is applied, adopted or incorporated).\n\t(2)\tIn these regulations, unless the contrary intention appears, a reference to an instrument (other than the ADG Code) is a reference to the instrument as amended from time to time.\n\t(3)\tIn this regulation—\ninstrument means a code, standard, rule or other document (whether made in or outside Australia), and includes a provision of an instrument.\n8—References to licences, determinations, approvals and exemptions\nIn these regulations, a reference to—\n\t(a)\ta dangerous goods driver licence, dangerous goods vehicle licence, determination, approval or exemption; or\n\t(b)\ta corresponding dangerous goods driver licence, corresponding dangerous goods vehicle licence, corresponding determination, corresponding approval or corresponding exemption,\nincludes a reference to the licence, determination, approval or exemption as varied.\n9—References to variation of licences, determinations, approvals and exemptions\nIn these regulations, a reference to the variation of—\n\t(a)\ta dangerous goods driver licence, dangerous goods vehicle licence, determination, approval or exemption; or\n\t(b)\ta corresponding dangerous goods driver licence, corresponding dangerous goods vehicle licence, corresponding determination, corresponding exemption or corresponding approval,\nincludes a reference to a variation by addition, omission or substitution.\n10—Inconsistency between regulations and codes etc\nIf all or part of a code, standard, rule or other document (whether made in or outside Australia) is applied or adopted by, or is incorporated in, these regulations and the code, standard, rule or other document or the relevant part of the code, standard, rule or other document is inconsistent with these regulations, these regulations prevail to the extent of the inconsistency.\n11—Transitional arrangement if ADG Code or related instrument amended or remade\n\t(1)\tThis regulation applies if—\n\t(a)\tthe ADG Code is amended or remade or a code standard or rule applied or adopted by, or incorporated in, the ADG Code is amended or remade; and\n\t(b)\tthe amendment or remake has the effect of imposing a new requirement on a person, or modifying an existing requirement applying to a person, under these regulations.\n\t(2)\tThe new requirement or modified existing requirement does not apply in relation to the person for the duration of the relevant period.\n\t(3)\tThese regulations apply to the person for the duration of the relevant period as if the amendment or remake had not taken effect.\n\t(4)\tThis regulation is subject to any other provision of these regulations that provides for when or how the new requirement or modified existing requirement applies in relation to the person.\n\t(5)\tFor the purposes of this regulation—\nrelevant period, for an amendment or remake referred to in subregulation (1)(a), means the period starting on the day the amendment or remake takes effect and ending on the day falling 12 months after that day;\nrequirement means a duty, obligation, requirement or restriction (however described).\n","sortOrder":1},{"sectionNumber":"Div 2","sectionType":"division","heading":"Key concepts","content":"Division 2—Key concepts\n12—Dangerous goods\nGoods are dangerous goods if—\n\t(a)\tthe goods satisfy the criteria set out, or referred to, in Part 2 of the ADG Code for classifying goods as dangerous goods; or\n\t(b)\ta determination under regulation 168 that the goods are dangerous goods is in effect.\n13—Goods too dangerous to transport\n\t(1)\tDangerous goods are too dangerous to transport if they are—\n\t(a)\tgoods for which a determination under regulation 168 that the goods are too dangerous to be transported is in effect; or\n\t(b)\tgoods named or described in Appendix A to the ADG Code; or\n\t(c)\tgoods that are so sensitive or unstable that they cannot be safely transported even if the relevant requirements of these regulations and the ADG Code are complied with.\n\t(2)\tHowever, goods that satisfy the criteria set out, or referred to, in Part 2 of the ADG Code are not dangerous goods if—\n\t(a)\tthe goods are determined under section 1.5.1(1)(a) of the ADG Code not to be dangerous goods; or\n\t(b)\tthe goods are described as not subject to the ADG Code in a special provision in Chapter 3.3 of the ADG Code that is applied to the goods by column 6 of the Dangerous Goods List, and any condition included in that provision is met.\n14—UN Classes, Divisions and Categories\n\t(1)\tThe UN Class or UN Division of particular goods is—\n\t(a)\tif a determination under regulation 168 that the goods are of a particular UN Class or UN Division is in effect—the Class or Division specified in the determination; or\n\t(b)\tif no such determination is in effect—the Class or Division determined for the goods in accordance with the ADG Code.\nNotes—\n1\tUnder the UN classification system there are 9 Classes of dangerous goods. Under that system some Classes are further divided into Divisions.\n2\tUnder the ADG Code, if particular dangerous goods are listed in the Dangerous Goods List, their UN Class or Division is that listed in column 2 of that list opposite the name and description of those goods, unless Chapter 3.3 of the Code provides for those goods to be assigned to a different UN Class or Division.\n\t(2)\tThe UN Category of Division 6.2 (infectious substances) is the Category determined for the goods in accordance with the ADG Code.\n15—Subsidiary Hazard\nThe Subsidiary Hazard, if any, of particular dangerous goods is—\n\t(a)\tif a determination under regulation 168 that the goods have a particular Subsidiary Hazard is in effect—the Subsidiary Hazard specified in the determination; or\n\t(b)\tif no such determination is in effect—the Subsidiary Hazard determined for the goods in accordance with the ADG Code.\nDangerous goods that are able to be assigned to more than 1 UN Class or Division are assigned a Subsidiary Hazard. This Subsidiary Hazard is the other UN Class/es or Division/s to which the goods also belong. Under the ADG Code, if particular dangerous goods are listed in the Dangerous Goods List, their Subsidiary Hazard is that listed in column 4 of that list opposite the name and description of those goods, unless Chapter 3.3 of the Code provides for those goods to be assigned a different Subsidiary Hazard.\n16—Packing Groups\nThe Packing Group, if any, of particular dangerous goods is—\n\t(a)\tif a determination under regulation 168 that the goods are of a particular Packing Group is in effect—the Packing Group specified in the determination; or\n\t(b)\tif no such determination is in effect—the Packing Group determined for the goods in accordance with the ADG Code.\nThe assignment of particular dangerous goods to a Packing Group indicates the degree of danger, and the level of containment required for, the goods. The Packing Groups, and the degree of danger they indicate are—\nPacking Group I (substances presenting high danger);\nPacking Group II (substances presenting medium danger);\nPacking Group III (substances presenting low danger).\nThe Packing Group of a substance can be determined from the Dangerous Goods List, although in some cases it is also necessary to refer to Chapter 3.3 of the ADG Code (the List identifies those cases).\n17—Incompatibility\n\t(1)\tDangerous or other goods are incompatible with dangerous goods if—\n\t(a)\tthe goods are incompatible with the dangerous goods under Chapter 9.1 of the ADG Code; or\n\t(b)\tthe goods are determined under regulation 168 to be incompatible with the dangerous goods; or\n\t(c)\twhen the goods are mixed, or otherwise brought into contact, with the dangerous goods, the goods are likely to interact with the dangerous goods and increase risk of personal injury, property damage or environmental harm because of the interaction; or\n\t(d)\tshould a vehicle transporting both the goods and the dangerous goods be involved in an incident resulting in a dangerous situation, the situation would be substantially more serious because the goods and the dangerous goods are being transported together.\nExample—\nFlammable material is incompatible with an oxidising agent because of the substantial increase in risk in the event of a fire (whether or not the flammable material is likely to interact with the oxidising agent and increase risk of personal injury, property damage or environmental harm because of the interaction).\n\t(2)\tPackaging or equipment for use in the transport of dangerous goods is incompatible with the goods if any component of the packaging or equipment that is intended or likely to come into contact with the goods during transport—\n\t(a)\tis likely to interact with the goods and increase risk of personal injury, property damage or environmental harm because of the interaction; and\n\t(b)\tis not protected from contact under foreseeable circumstances by a protective coating or other effective means.\n","sortOrder":2},{"sectionNumber":"Part 3","sectionType":"part","heading":"Licences","content":"Part 3—Licences\n","sortOrder":3},{"sectionNumber":"Div 1","sectionType":"division","heading":"Preliminary","content":"Division 1—Preliminary\n18—Circumstances in which licence required\n\t(1)\tA licence is only required for the purposes of section 24(2), (3), (4) and (6) of the Act in relation to a vehicle if the vehicle is used to transport—\n\t(b)\tmore than 500 kilograms of dangerous goods in a receptacle.\n\t(2)\tHowever—\n\t(a)\ta licence is not required for the purposes of section 24(2), (3), (4) or (6) of the Act if—\n\t(i)\t—\n\t(A)\tthe dangerous goods are transported in an IBC; and\n\t(B)\tthe IBC is not packed or unpacked on the vehicle; and\n\t(C)\tthe total capacity of IBCs containing dangerous goods on the vehicle is not more than 3 000 litres; or\n\t(ii)\ta licence is in force in respect of the vehicle under the Explosives Act 1936; or\n\t(iii)\tthe vehicle is a unit of rolling stock; and\n\t(b)\ta licence is not required for the purposes of section 24(2) or (4) of the Act if the vehicle is a prime mover or converter dolly.\n19—Part additional to other laws\n","sortOrder":4},{"sectionNumber":"Part 4","sectionType":"part","heading":"of the Act and this Part are in addition to any other law in force in this State about—","content":"Part 4 of the Act and this Part are in addition to any other law in force in this State about—\n\t(a)\tthe licensing of drivers; or\n\t(b)\tthe employment or engagement of drivers; or\n\t(c)\tthe registration of vehicles; or\n\t(d)\tthe transport of goods.\nDivision 2—Dangerous goods driver licences\n20—Application for licence or renewal of licence\n\t(1)\tA person resident in the State may apply to the Competent Authority for a dangerous goods driver licence.\n\t(2)\tA person who holds a dangerous goods driver licence may, not earlier than 2 months and not later than 7 days before expiry of the licence, apply to the Competent Authority for renewal of the licence.\n\t(3)\tAn application for the grant or renewal of a dangerous goods driver licence must be accompanied by—\n\t(a)\teach of the following:\n\t(i)\tevidence that the person holds a current driver licence;\n\t(ii)\tfor each State or Territory of the Commonwealth in which the applicant holds or has held a driver licence—\n\t(A)\ta certified extract of entries about the applicant from the relevant register of driver licences obtained within the immediately preceding 6 months; or\n\t(B)\tan authorisation for the Competent Authority to have access to such entries;\n\t(iii)\tfor each State or Territory of the Commonwealth—\n\t(A)\ta certified copy (obtained within the immediately preceding 6 months) of an official record showing whether the applicant has been convicted of any driving offence in that State or Territory and providing details of any such conviction; or\n\t(B)\tan authorisation for the Competent Authority to have access to such records; and\n\t(b)\tevidence that the applicant has passed an approved test, or completed an approved training course, within the immediately preceding 6 months, comprised of a certificate issued by the person who conducted the test or course or other written evidence; and\n\t(c)\ta certificate about the medical fitness of the applicant to drive a road vehicle—\n\t(i)\tissued by a medical practitioner following an examination of the applicant by the practitioner within the immediately preceding 6 months; and\n\t(ii)\tcertifying that the medical practitioner examined and passed the applicant in accordance with the standards in Assessing Fitness to Drive—Medical Standards for Licensing and Clinical Management Guidelines published by Austroads and the National Road Transport Commission as in force from time to time; and\n\t(d)\ttwo photographs of the applicant of a size suitable for an Australian passport that were taken within the immediately preceding 6 months; and\n\t(e)\tthe prescribed fee.\n21—Grant of licence\n\t(1)\tThe Competent Authority must not grant an application for a dangerous goods driver licence if—\n\t(a)\tin the 5 years immediately preceding the application—\n\t(i)\tthe applicant has been found guilty by a court in Australia of an offence that makes the applicant unsuitable to be the driver of a vehicle transporting dangerous goods; or\n\t(ii)\tthe applicant's driver licence has been cancelled or suspended on a ground that makes the applicant unsuitable to be the driver of a vehicle transporting dangerous goods; or\n\t(b)\tthe applicant is prohibited by a court order from involvement in the transport of dangerous goods by road.\n\t(2)\tIf the Competent Authority refuses to grant a dangerous goods driver licence, the Authority must inform the applicant in writing of the refusal and of the reasons for the refusal.\n22—Renewal of licence\n\t(1)\tThe Competent Authority must not grant an application for renewal of a dangerous goods driver licence if—\n\t(a)\twhile the licence had effect—\n\t(i)\tthe applicant was found guilty by a court in Australia of an offence that makes the applicant unsuitable to be the driver of a vehicle transporting dangerous goods; or\n\t(ii)\tthe applicant's driver licence has been cancelled or suspended on a ground that makes the applicant unsuitable to be the driver of a vehicle transporting dangerous goods; or\n\t(b)\tthe applicant is prohibited by a court order from involvement in the transport of dangerous goods by road.\n\t(2)\tIf the Competent Authority refuses to renew a dangerous goods driver licence, the Authority must inform the applicant in writing of the refusal and of the reasons for the refusal.\n23—Licence period\n\t(1)\tSubject to these regulations, a dangerous goods driver licence remains in force for the period specified in the licence on its grant or renewal.\n\t(2)\tThe period specified must not exceed 3 years.\n\t(3)\tA dangerous goods driver licence takes effect on the day it is granted or, if a later day is specified in the licence, that later day.\n\t(4)\tThe renewal of a dangerous goods driver licence takes effect on the day the licence would otherwise have expired.\n24—Licence conditions imposed by Competent Authority\n\t(1)\tA dangerous goods driver licence is subject to any conditions specified in the licence by the Competent Authority.\n\t(2)\tThe Competent Authority may impose—\n\t(a)\tconditions about—\n\t(i)\tthe dangerous goods that may or may not be transported in or on a road vehicle driven by the licensee; and\n\t(ii)\tthe packaging that may or may not be used to transport dangerous goods in or on a road vehicle driven by the licensee; and\n\t(iii)\tthe road vehicles that may be driven by the licensee in transporting dangerous goods; and\n\t(iv)\tthe areas where the licensee may or may not drive a road vehicle transporting dangerous goods; and\n\t(v)\tthe supervision of the licensee when driving a road vehicle transporting dangerous goods; and\n\t(b)\tany other condition the Authority considers necessary for the safe transport of dangerous goods.\n25—Licence condition requiring production of certificate of medical fitness\n\t(1)\tIt is a condition of a dangerous goods driver licence that the Competent Authority may, by written notice given to the licensee, require the licensee to produce to the Authority a certificate about the medical fitness of the applicant to drive a road vehicle—\n\t(a)\tissued by a medical practitioner following an examination of the applicant by the practitioner within the 6 months immediately preceding the day when the certificate is produced to the Authority; and\n\t(b)\tcertifying that the medical practitioner examined and passed the applicant in accordance with the standards in Assessing Fitness to Drive—Medical Standards for Licensing and Clinical Management Guidelines published by Austroads and the National Road Transport Commission as in force from time to time.\n\t(2)\tThe licensee must be allowed at least 2 months within which to produce the certificate.\n\t(3)\tThe Competent Authority must not give notice to the licensee under the condition if the dangerous goods driver licence is due to expire in less than 4 months.\n","sortOrder":5},{"sectionNumber":"Div 3","sectionType":"division","heading":"Dangerous goods vehicle licences","content":"Division 3—Dangerous goods vehicle licences\n26—Application for licence or renewal of licence\n\t(1)\tA person may apply to the Competent Authority for a dangerous goods vehicle licence for a road vehicle used, or intended to be used, in transporting dangerous goods.\n\t(2)\tA person who holds a dangerous goods vehicle licence for a vehicle may, not earlier than 2 months and not later than 7 days before expiry of the licence, apply to the Competent Authority for renewal of the licence.\n\t(3)\tAn application for the grant or renewal of a dangerous goods vehicle licence must include the following information:\n\t(a)\tthe registration number (if any), make and type of the vehicle;\n\t(b)\tthe type of dangerous goods intended to be transported in or on the vehicle.\n\t(4)\tIf the vehicle is a registered vehicle, the application must be accompanied by a copy of the certificate of registration.\n\t(5)\tThe application must be accompanied by the prescribed fee.\n\t(6)\tThe application may relate to 2 or more vehicles.\n\t(7)\tThe Competent Authority may, by written notice, require an applicant for the grant or renewal of a dangerous goods vehicle licence for a vehicle—\n\t(a)\tto give to the Authority, or to someone nominated by the Authority, any additional information necessary for a proper consideration of the application; and\n\t(b)\tto make the vehicle available for inspection by the Authority, or by someone nominated by the Authority, at a specified place and time.\n\t(8)\tThe Competent Authority must give a copy of any report of an inspection to the applicant if the applicant asks for it.\n27—Grant or renewal of licence\n\t(1)\tThe Competent Authority may refuse to grant or renew a dangerous goods vehicle licence for a road vehicle if not satisfied that the vehicle is suitable to transport each type of dangerous goods intended to be transported in or on the vehicle.\n\t(2)\tWithout limiting subregulation (1), if a vehicle is intended for use in the transport of dangerous goods in the form of a liquid or gas using a tank that forms part of the vehicle or is to be attached to it, the vehicle is suitable only if—\n\t(a)\tthe tank is an approved tank; and\n\t(b)\tthe vehicle complies with any relevant provision of Chapters 4.4 and 6.10 of the ADG Code.\n\t(3)\tThe Competent Authority must not grant or renew a dangerous goods vehicle licence if the applicant is prohibited by a court order from involvement in the transport of dangerous goods by road.\n\t(4)\tThe Competent Authority may issue a single dangerous goods vehicle licence for more than 1 vehicle.\n\t(5)\tIf the Competent Authority refuses to grant or renew a dangerous goods vehicle licence, the Authority must inform the applicant in writing of the refusal and of the reasons for the refusal.\n28—Licence period\n\t(1)\tSubject to these regulations, a dangerous goods vehicle licence remains in force for the period specified in the licence on its grant or renewal.\n\t(2)\tThe period specified must not exceed 3 years.\n\t(3)\tA dangerous goods vehicle licence takes effect on the day it is granted or, if a later day is specified in the licence, that later day.\n\t(4)\tThe renewal of a dangerous goods vehicle licence takes effect on the day the licence would otherwise have expired.\n29—Licence conditions imposed by Competent Authority\n\t(1)\tA dangerous goods vehicle licence is subject to any conditions specified in the licence by the Competent Authority.\n\t(2)\tThe Competent Authority may impose—\n\t(a)\tconditions about—\n\t(i)\tthe dangerous goods that may or may not be transported in or on the vehicle; and\n\t(ii)\tthe areas where the vehicle may or may not be used to transport dangerous goods; and\n\t(iii)\tthe inspections of the vehicle (if any) that are required; and\n\t(b)\tany other condition the Authority considers necessary for the safe transport of dangerous goods.\n","sortOrder":6},{"sectionNumber":"Div 4","sectionType":"division","heading":"Cancellation, suspension and variation of licences","content":"Division 4—Cancellation, suspension and variation of licences\n30—Interpretation\nlicence means a dangerous goods driver licence or dangerous goods vehicle licence;\nvary a licence means—\n\t(a)\tvary or revoke a condition of the licence; or\n\t(b)\timpose a further condition on the licence.\n31—Variation of licence on application\n\t(1)\tThe Competent Authority may, on application by the holder of a licence, vary the licence.\n\t(2)\tAn application for the variation of a licence must be accompanied by the licence.\n32—When licence taken to be suspended\n\t(1)\tA dangerous goods driver licence is taken to be suspended for any period for which the holder's driver licence has no effect.\n\t(2)\tA dangerous goods vehicle licence for a vehicle that was a registered vehicle on the grant of the licence is taken to be suspended in relation to the vehicle for any period for which the vehicle is not so registered.\n33—Grounds for cancelling, suspending or varying licence\n\t(1)\tThe Competent Authority may cancel, suspend (for a period not exceeding 12 months) or vary a dangerous goods driver licence if satisfied that—\n\t(a)\tthe application for the grant or renewal of the licence did not comply with these regulations or was false or misleading in a material respect; or\n\t(b)\tthe licensee is unsuitable to continue to be the driver of a vehicle transporting dangerous goods (or to so continue without a variation of the licence) because—\n\t(i)\tthe licensee has contravened—\n\t(A)\ta provision of Part 4 of the Act or these regulations; or\n\t(B)\ta provision of a corresponding law; or\n\t(ii)\tthe licensee has been found guilty by a court in Australia of an offence; or\n\t(iii)\tthe licensee's driver licence has been cancelled; or\n\t(iv)\tthe licensee is suffering from a medical condition, or has a physical or mental disability.\n\t(2)\tThe Competent Authority may cancel, suspend (for a period not exceeding 12 months) or vary a dangerous goods vehicle licence if satisfied that—\n\t(a)\tthe application for the grant or renewal of the licence did not comply with these regulations or was false or misleading in a material respect; or\n\t(b)\tthe vehicle does not comply with the Act or these regulations.\n\t(3)\tThe Competent Authority may vary a licence for any other good reason.\n\t(4)\tThe Competent Authority must, before cancelling, suspending or varying a licence under this regulation, give to the licensee a written notice that—\n\t(a)\tstates what the proposed action is; and\n\t(b)\tif the proposed action is to suspend the licence—states what the proposed suspension period is; and\n\t(c)\tif the proposed action is to vary the licence—sets out the proposed variation; and\n\t(d)\tsets out the ground for the proposed action; and\n\t(e)\toutlines the facts and other circumstances forming the basis for the ground; and\n\t(f)\tinvites the licensee to state in writing, within a specified period of at least 28 days after the day the notice is given to the licensee, why the proposed action should not be taken.\n\t(5)\tNotice is not required under subregulation (4) if, in the opinion of the Competent Authority, the cancellation, suspension or variation of the licence is necessary to avoid, eliminate or minimise a dangerous situation.\n\t(6)\tThe Competent Authority may, by written notice to the licensee, shorten the period of a suspension of a licence.\n34—Cancellation and suspension giving effect to court order\nThe Competent Authority must cancel or suspend a licence as necessary to give effect to a court order prohibiting the licensee from involvement in the transport of dangerous goods by road.\n35—When cancellation, suspension and variation take effect\n\t(1)\tThe cancellation, suspension or variation of a licence by the Competent Authority takes effect on—\n\t(a)\tthe day the licensee is given written notice by the Competent Authority of the cancellation, suspension or variation; or\n\t(b)\ta later day specified in the notice.\n\t(2)\tThe Competent Authority must inform the licensee in writing of the reasons for the cancellation, suspension or variation.\n","sortOrder":7},{"sectionNumber":"Div 5","sectionType":"division","heading":"Licences generally","content":"Division 5—Licences generally\n36—Interpretation\nlicence means a dangerous goods driver licence or dangerous goods vehicle licence.\n37—Replacement licences\n\t(1)\tThe Competent Authority may issue a replacement licence to a licensee if—\n\t(a)\tthe licence is renewed; or\n\t(b)\tthe licence is varied; or\n\t(c)\ta period of suspension of the licence ends.\n\t(2)\tThe Competent Authority must issue a replacement licence to a licensee if the Authority is satisfied that the licence has been defaced, destroyed, lost or stolen.\n38—Failure to comply with licence condition\nA licensee must not contravene a condition of their licence.\n39—Surrender of licence\n\t(1)\tA licensee may surrender their licence by giving written notice of surrender to the Competent Authority and returning the licence to the Authority.\n\t(2)\tA licence ceases to have effect on its surrender.\n40—Change of information given in licence application\nWithin 14 days after becoming aware that information given by the licensee to the Competent Authority in, or in relation to, an application for the grant or renewal of a licence is or has become incorrect in a material respect, the licensee must inform the Competent Authority and give the correct information to the Authority in writing.\n41—Production of licence to Competent Authority\n\t(1)\tThe Competent Authority may, by written notice, require a licensee to produce their licence to the Authority.\n\t(2)\tThe licensee must produce the licence to the Competent Authority within 14 days after the day the notice is given to the licensee.\n\t(a)\tin the case of a body corporate—$650;\n\t(b)\tin the case of an individual—$130.\n\t(3)\tA person who held a licence immediately before its cancellation or suspension must return the licence to the Competent Authority within 14 days after the cancellation or suspension.\n\t(a)\tin the case of a body corporate—$650;\n\t(b)\tin the case of an individual—$130.\n","sortOrder":8},{"sectionNumber":"Div 6","sectionType":"division","heading":"Corresponding licences","content":"Division 6—Corresponding licences\n42—Corresponding licences\n\t(1)\tThis regulation applies to a licence that—\n\t(a)\thas been granted under a provision of the law of another State or a Territory of the Commonwealth corresponding to regulation 21 or regulation 27; and\n\t(b)\thas effect in the other State or Territory.\n\t(2)\tExcept for circumstances that do not exist in this State, the licence has effect in this State as if it were a licence granted by the Competent Authority under regulation 21 or regulation 27 (as the case requires).\n","sortOrder":9},{"sectionNumber":"Div 7","sectionType":"division","heading":"Additional requirements","content":"Division 7—Additional requirements\n43—Driver licence to be carried\nThe holder of a dangerous goods driver licence must carry the licence at all times while driving a vehicle pursuant to the licence.\n44—Disposal of licensed vehicle\n\t(1)\tIf a vehicle for which a dangerous goods vehicle licence is in force is disposed of, the person who holds the licence for the vehicle (the disposed vehicle) must—\n\t(a)\twithin 21 days after the disposal, give the Competent Authority notice of the disposal; and\n\t(b)\tensure that the licence for the vehicle is—\n\t(i)\tattached to the notice of the disposal; or\n\t(ii)\tif the licence does not relate to any other vehicle—destroyed (in which case, the person must, if required by the Competent Authority, provide sufficient evidence to show that this has been done).\n\t(2)\tOn receipt of a licence for a disposed vehicle, the Competent Authority may, as appropriate, alter and replace or cancel the licence.\n45—Consignor's duties\nA person must not consign dangerous goods for transport in or on a vehicle if—\n\t(a)\tthe vehicle is required to be licensed under the Act to transport the goods; and\n\t(b)\tthe person knows, or ought reasonably to know, that the vehicle is not so licensed.\n\t(b)\tin any other case—$5 000.\nPart 4—General industry requirements\nDivision 1—Insurance\n46—Requirements for insurance\n\t(1)\tThe owner of a road vehicle must not use the vehicle, or permit it to be used, to transport a placard load unless—\n\t(a)\tthe use of the vehicle is covered by a policy of insurance, or other form of indemnity, for a sum that includes at least $5 000 000 for each load bearing vehicle comprising the vehicle, in respect of—\n\t(i)\tpersonal injury, death, property damage and other damage (except consequential economic loss) arising out of fire, explosion, leakage or spillage of dangerous goods in, on or from the vehicle or any packaging transported in or on the vehicle; and\n\t(ii)\tcosts incurred by or on behalf of a government authority of the Commonwealth, a State or a Territory of the Commonwealth in a clean up resulting from such fire, explosion, leakage or spillage; or\n\t(b)\tthe owner has an approval under regulation 170(2) in relation to the vehicle and is complying with any conditions of the approval.\n\t(b)\tin the case of an individual—$5 000.\n\t(2)\tA prime contractor must not use a road vehicle to transport a placard load unless—\n\t(a)\tthe use of the vehicle is covered by a policy of insurance, or other form of indemnity, for a sum that includes at least $5 000 000 for each load bearing vehicle comprising the vehicle, in respect of—\n\t(i)\tpersonal injury, death, property damage and other damage (except consequential economic loss) arising out of fire, explosion, leakage or spillage of dangerous goods in, on or from the vehicle or any packaging transported in or on the vehicle; and\n\t(ii)\tcosts incurred by or on behalf of a government authority of the Commonwealth, a State or a Territory of the Commonwealth in a clean up resulting from such fire, explosion, leakage or spillage; or\n\t(b)\tthe prime contractor has an approval under regulation 170(2) in relation to the vehicle and is complying with any conditions of the approval.\n\t(b)\tin the case of an individual—$5 000.\n\t(3)\tIn this regulation, a requirement that the use of a road vehicle be covered by a policy of insurance or other form of indemnity is, in the case of a combination, a requirement that the use of the combination be covered by a policy of insurance or other form of indemnity.\n\t(4)\tIn this regulation—\ncombination has the same meaning as in the Road Traffic Act 1961.\n47—Requiring evidence of insurance etc\n\t(1)\tThe Competent Authority may, by written notice, require the owner of a road vehicle used to transport a placard load, or a prime contractor responsible for the condition of the vehicle, to produce—\n\t(a)\twritten evidence that the vehicle is covered by a policy of insurance or other form of indemnity in accordance with regulation 46; or\n\t(b)\tan approval under regulation 170(2) in relation to the vehicle.\n\t(2)\tThe owner or prime contractor must produce the evidence or approval to the Competent Authority within 14 days after the day the notice is given to the person.\nDivision 2—Instruction and training\n48—Instruction and training\n\t(1)\tThis regulation applies to any task involved in the transport of dangerous goods, including the following:\n\t(a)\tpacking dangerous goods;\n\t(b)\tunpacking dangerous goods (including by bulk transfer);\n\t(c)\tconsigning dangerous goods;\n\t(d)\tloading packages or unpackaged articles of dangerous goods;\n\t(e)\tunloading packages or unpackaged articles of dangerous goods;\n\t(f)\thandling fumigated cargo transport units;\n\t(g)\tmarking packages or unpackaged articles of dangerous goods;\n\t(h)\tplacarding placard loads;\n\t(i)\tpreparing transport documentation;\n\t(j)\tmaintaining vehicles and equipment used in the transport of dangerous goods;\n\t(k)\tdriving a vehicle transporting dangerous goods;\n\t(l)\tbeing the consignee of dangerous goods;\n\t(m)\tfollowing the appropriate procedures in accordance with these regulations in a dangerous situation.\n\t(2)\tA person who is responsible for management, control or supervision of a task must not employ, engage or permit another person to perform the task if the other person—\n\t(a)\thas not received appropriate instruction and training to ensure that the person is able to perform the task safely and in accordance with these regulations; or\n\t(b)\tis not appropriately supervised in performing the task to ensure that the person is able to perform the task safely and in accordance with these regulations.\n\t(3)\tA person must not manage, control or supervise a task unless the person has received instruction and training to enable the person to manage, control or supervise (respectively) another person to perform the task safely and in accordance with these regulations.\nDivision 3—Goods suspected of being dangerous goods\n49—Goods suspected of being dangerous goods\nIf it is not clear whether goods are dangerous goods but a person suspects, or ought reasonably to suspect, that they are, the person must not consign or transport the goods until—\n\t(a)\tthe goods have been classified in accordance with the ADG Code by the manufacturer or importer of the goods; or\n\t(b)\ta determination has been made under regulation 168 as to whether or not the goods are dangerous goods.\n","sortOrder":10},{"sectionNumber":"Part 5","sectionType":"part","heading":"Packaging","content":"Part 5—Packaging\n50—Packing of dangerous goods in limited or excepted quantities\n\t(1)\tThis Part does not apply to dangerous goods that are—\n\t(a)\tgoods packed in limited quantities; or\n\t(b)\tgoods packed in excepted quantities within the meaning of regulation 75(5).\n\t(2)\tTo avoid doubt, this Part (including regulation 51 and the offence provisions) applies to dangerous goods that—\n\t(a)\tare purported to be packed in limited quantities but do not comply with the requirements of subregulation (3); or\n\t(b)\tare purported to be packed in excepted quantities but do not comply with the requirements of regulation 75(5).\n\t(3)\tFor the purposes of this Part, dangerous goods are packed in limited quantities if—\n\t(a)\tthe goods are packed in accordance with Chapter 3.4 of the ADG Code; and\n\t(b)\tthe quantity of dangerous goods in each inner packaging or each article does not exceed the quantity specified, or referred to, in column 7a of the Dangerous Goods List for those goods.\n51—Suitability of packaging for transport\n\t(1)\tFor the purposes of this Part, packaging is unsuitable for the transport of dangerous goods if—\n\t(a)\tit is required to undergo performance tests under Part 6 of the ADG Code and it is not approved packaging; or\n\t(b)\tit does not meet any relevant standards or requirements specified by Part 4 or Part 6 of the ADG Code (including requirements with respect to inspection, maintenance and repair); or\n\t(c)\tits use, or reuse, for the transport of the goods does not comply with Part 4 or Part 6 of the ADG Code; or\n\t(d)\tits use for the transport of the goods contravenes a Special Provision referenced in the Dangerous Goods List (for example, SP No 26); or\n\t(e)\tits use for the transport of the goods contravenes a determination under regulation 168(1)(c); or\n\t(f)\tin the case of an MEGC, portable tank or tank on a tank vehicle, it does not have a compliance plate attached; or\n\t(g)\tin the case of a freight container used for the transport of solid dangerous goods that are in direct contact with the container, it does not have a Safety Approval Plate attached as required under the International Convention for Safe Containers 1972; or\n\t(h)\tit is incompatible with the goods; or\n\t(i)\tit is damaged or defective to the extent that it is not safe to use to transport the goods; or\n\t(j)\tfor goods purported to be packed in limited quantities—it fails to comply with Chapter 3.4 of the ADG Code; or\n\t(k)\tfor goods purported to be packed in excepted quantities—it fails to comply with Chapter 3.5 of the ADG Code.\n\t(2)\tHowever, packaging that would otherwise be unsuitable for the transport of particular dangerous goods under subregulation (1) is not unsuitable for that transport if a determination that the goods may be transported in the packaging is in effect.\n52—References to Part 4 of ADG Code include Dangerous Goods List requirements (including Special Provisions) and determinations effectively modifying Part 4\n\t(1)\tIn this Part, a requirement for dangerous goods to be packed in packaging in accordance with any relevant provision of Part 4 of the ADG Code includes—\n\t(a)\ta requirement for the goods to be packed in accordance with any packing requirement specified in relation to the goods in the Dangerous Goods List (but subject to any Special Provision referenced in the Dangerous Goods List and any determination under regulation 168); and\n\t(b)\ta requirement for the goods to be packed in accordance with any additional requirement specified in a Special Provision referenced in the Dangerous Goods List or a determination under regulation 168.\n\t(2)\tIf a determination under regulation 168 is inconsistent with a Special Provision referenced in the Dangerous Goods List, the determination prevails to the extent of the inconsistency.\n\t(3)\tConsequently, for example—\n\t(a)\tif a Special Provision referenced in the Dangerous Goods List imposes conditions in relation to packing for transport of particular substances (for example, SP No 28, SP No 132 and SP No 209), those conditions must be complied with for the goods to be packed in accordance with the relevant provisions of Part 4 of the ADG Code; and\n\t(b)\tif a determination requires that particular dangerous goods must or must not be transported in specified packaging (despite any prohibition or authorisation in the Dangerous Goods List) those requirements must be complied with for the goods to be packed in accordance with the relevant provisions of Part 4 of the ADG Code.\n53—Breach of conditions of approvals\n\t(1)\tA person must not construct, pack or fail to maintain packaging for use in the transport of dangerous goods, or use packaging to transport dangerous goods, if the person knows, or ought reasonably to know, that—\n\t(a)\ta condition about the construction, packing, maintenance or use of the packaging, as the case may be, was imposed in relation to the approval of the design for the packaging; and\n\t(b)\tthe construction, packing, failure to maintain, or use is in contravention of the condition.\n\t(2)\tA person must not use an overpack to transport dangerous goods if the person knows, or ought reasonably to know, that—\n\t(a)\ta condition about the use of the overpack was imposed in relation to the approval of the method of preparing the overpack; and\n\t(b)\tthe use is in contravention of the condition.\n54—Marking packaging\n\t(1)\tA person must not apply any marking required by Part 6 of the ADG Code on packaging if the packaging is not of a design approved under regulation 170(3).\n\t(2)\tA person must not apply a marking mentioned in Part 6 of the ADG Code on packaging if the marking is not appropriate for the packaging.\n55—Seller's and supplier's duties\nA person must not sell, supply or offer to sell or supply any packaging for use in the transport of particular dangerous goods unless—\n\t(a)\tit is packaging of a design that has been approved under regulation 170(3), and it is marked in accordance with Part 6 (or, if applicable, Chapter 3.4 or 3.5) of the ADG Code, and, according to the marking, its use is appropriate for those goods; or\n\t(b)\tit complies with the relevant requirements of Parts 4 and 6 (or, if applicable, Chapter 3.4 or 3.5) of the ADG Code (including any relevant marking requirements) and its use is appropriate for those goods.\nDivision 2—MEGCs, portable tanks, demountable tanks, bulk containers, freight containers and tanks on tank vehicles\n56—Application of Division\nThis Division applies to the following packaging:\n\t(a)\tan MEGC;\n\t(b)\ta portable tank;\n\t(c)\ta demountable tank;\n\t(d)\ta bulk container;\n\t(e)\ta freight container;\n\t(f)\ta tank on a tank vehicle.\n57—Manufacturer's duties—compliance plates\n\t(1)\tA person who manufactures a portable tank for use in the transport of dangerous goods must attach a compliance plate to the tank in accordance with—\n\t(a)\tif the tank is not made of fibre reinforced plastic—Chapter 6.7 of the ADG Code; or\n\t(b)\tif the tank is made of fibre reinforced plastic—Chapter 6.7 and section 6.9.2.10 of the ADG Code.\n\t(2)\tA person who manufactures an MEGC for use in the transport of dangerous goods must attach a compliance plate to the MEGC in accordance with Chapter 6.7 of the ADG Code.\n\t(3)\tSubregulation (1) does not apply to a person in relation to a portable tank if Chapter 6.7 and section 6.9.2.10 of the ADG Code permit the marking of the tank instead of the attachment of a compliance plate and the tank is marked as required by that Chapter.\n\t(4)\tA person who manufactures a tank vehicle for use in the transport of dangerous goods must attach a compliance plate to the vehicle in accordance with section 6.10.2.2 of the ADG Code.\n58—Owner's duties\nThe owner of an MEGC, a portable tank, a demountable tank or a tank vehicle must not use the MEGC, portable tank, demountable tank or tank on the tank vehicle, or permit the MEGC, portable tank, demountable tank or tank on the tank vehicle to be used, to transport dangerous goods if the MEGC or tank is unsuitable for the transport of the goods.\n59—Consignor's duties\n\t(1)\tA person must not consign dangerous goods for transport in packaging to which this Division applies provided by the person if—\n\t(2)\tA person must not consign dangerous goods for transport in packaging to which this Division applies provided by any other person if the person knows, or ought reasonably to know, that—\n60—Packer's duties\n\t(1)\tA person must not pack dangerous goods for transport in packaging to which this Division applies if the person knows, or ought reasonably to know, that the packaging is unsuitable for the transport of the goods. \n\t(2)\tA person must not pack dangerous goods for transport in packaging to which this Division applies in a way that the person knows, or ought reasonably to know, does not comply with any relevant provision of Part 4 of the ADG Code.\n61—Loader's duties\nA person must not load dangerous goods that are in packaging to which this Division applies on to a vehicle for transport if the person knows, or ought reasonably to know, that the packaging is unsuitable for the transport of the goods.\n62—Prime contractor's and rail operator's duties\n\t(1)\tA prime contractor or rail operator must not transport dangerous goods in packaging to which this Division applies provided by the prime contractor or rail operator if—\n\t(2)\tA prime contractor or rail operator must not transport dangerous goods in packaging to which this Division applies provided by any other person if the prime contractor or rail operator knows, or ought reasonably to know, that—\n63—Driver's duties\nA person must not drive a road vehicle transporting dangerous goods in packaging to which this Division applies if the person knows, or ought reasonably to know, that—\nDivision 3—Overpacks\n64—Consignor's duties\nA person must not consign dangerous goods for transport in an overpack if the preparation of the overpack and its contents does not comply with—\n65—Duty on packers\nA person must not pack dangerous goods for transport in an overpack if the person knows, or ought reasonably to know, that the packing of the packages into the overpack, or the preparation of the overpack or its contents, does not comply with—\n66—Loader's duties\nA person must not load dangerous goods in an overpack on to a vehicle for transport if the person knows, or ought reasonably to know, that the preparation of the overpack, or its contents, does not comply with—\n67—Prime contractor's and rail operator's duties\nA prime contractor or rail operator must not transport dangerous goods in an overpack if the prime contractor or rail operator knows, or ought reasonably to know, that the preparation of the overpack, or its contents, does not comply with—\n68—Driver's duties\nA person must not drive a road vehicle transporting dangerous goods in an overpack if the person knows, or ought reasonably to know, that the preparation of the overpack, or its contents, does not comply with—\nDivision 4—Other packaging\n69—Meaning of other packaging\nother packaging means all packaging (including large packagings) other than MEGCs, portable tanks, bulk containers, freight containers, tanks on tank vehicles and overpacks.\n70—Consignor's duties\nA person must not consign dangerous goods for transport in other packaging if the person knows, or ought reasonably to know, that—\n\t(b)\tthe goods have not been packed in the packaging in accordance with any relevant provision of Part 4 of the ADG Code, nor in accordance with Chapter 3.4 of the ADG Code (which applies only if the quantity of dangerous goods in each inner packaging or in each article does not exceed the quantity specified, or referred to, in column 7a of the Dangerous Goods List for those goods).\n71—Packer's duties\n\t(1)\tA person must not pack dangerous goods for transport in other packaging if the person knows, or ought reasonably to know, that the packaging is unsuitable for the transport of the goods.\n\t(2)\tA person must not pack dangerous goods for transport in other packaging in a way that the person knows, or ought reasonably to know, does not comply with—\n\t(a)\tif the quantity of dangerous goods in each inner packaging or in each article does not exceed the quantity specified, or referred to, in column 7a of the Dangerous Goods List for those goods—Chapter 3.4 of the ADG Code; or\n\t(b)\tin any other case—any relevant provision of Part 4 of the ADG Code.\n72—Loader's duties\nA person must not load dangerous goods that are in other packaging on to a vehicle for transport if the person knows, or ought reasonably to know, that the packaging is damaged or defective to the extent that it is not safe to use to transport the goods.\n73—Prime contractor's and rail operator's duties\nA prime contractor or rail operator must not transport dangerous goods in other packaging if the prime contractor or rail operator knows, or ought reasonably to know, that the packaging is damaged or defective to the extent that it is not safe to use to transport the goods.\n74—Driver's duties\nA person must not drive a road vehicle transporting dangerous goods in other packaging if the person knows, or ought reasonably to know, that the packaging is damaged or defective to the extent that it is not safe to use to transport the goods.\n","sortOrder":11},{"sectionNumber":"Part 6","sectionType":"part","heading":"Signage","content":"Part 6—Signage\nSection 5.1.3.3 of the ADG Code provides for unused pre‑labelled dangerous goods packagings to be identified in order to avoid inappropriate emergency response.\nDivision 1—Marking and labelling of packages\n75—Appropriately marked and labelled\n\t(1)\tFor the purposes of this Division, a package of dangerous goods is appropriately marked and labelled only if the following is complied with:\n\t(a)\tthe package is marked and labelled in accordance with Chapter 5.2 of the ADG Code;\n\t(b)\tif the package includes an overpack—the overpack is marked and labelled in accordance with section 5.1.2 of the ADG Code or an applicable approval under regulation 170(4);\n\t(c)\tif the package includes a receptacle (other than a portable tank, bulk container, freight container or overpack) with a capacity of more than 500 litres or kilograms—the package is placarded in accordance with section 5.3.3 of the ADG Code.\n\t(2)\tHowever, a package of dangerous goods containing a quantity of dangerous goods in each inner packaging or in each article that does not exceed the quantity specified, or referred to, in column 7a of the Dangerous Goods List for those goods is appropriately marked and labelled for the purposes of this Division if, instead, it is marked and labelled in accordance with Chapter 3.4 of the ADG Code.\n\t(3)\tFor the purposes of this Division, an unpackaged article of dangerous goods is appropriately marked and labelled only if it is marked and labelled in accordance with Chapter 5.2 of the ADG Code.\n\t(4)\tA package of dangerous goods that are packed in excepted quantities is also appropriately marked if it is marked and labelled in accordance with Chapter 3.5 of the ADG Code.\n\t(5)\tFor the purposes of subregulation (4), dangerous goods are packed in excepted quantities if—\n\t(a)\tthe goods are assigned to code E1, E2, E3, E4 or E5 in column 7b of the Dangerous Goods List; and\n\t(b)\tthe goods are packed in accordance with Chapter 3.5 of the ADG Code; and\n\t(c)\tthe quantity of dangerous goods does not exceed the quantity specified in section 3.5.1.2 of the ADG Code.\n76—Consignor's duties\n\t(1)\tA person must not consign dangerous goods for transport in a package or as an unpackaged article if the package or article is not appropriately marked and labelled.\n\t(2)\tA person must not consign dangerous goods for transport in a package or as an unpackaged article if a marking or label on the package or article about its contents is false or misleading in a material particular.\n\t(3)\tA person must not consign goods for transport in a package, or as an unpackaged article, that does not contain dangerous goods but is marked or labelled as if it contained dangerous goods.\n\t(4)\tSubregulation (3) does not apply if the marking or labelling with respect to the contents of the package complies with the requirements of the ICAO Technical Instructions or the IMDG Code.\n77—Packer's duties\n\t(1)\tA person must not pack dangerous goods for transport in a package if the person knows, or ought reasonably to know, that the package is not, or will not be once the package is ready to be transported, appropriately marked and labelled.\n\t(2)\tA person who packs dangerous goods for transport in a package must not mark or label the package with a marking or label about its contents that the person knows, or ought reasonably to know, is false or misleading in a material particular.\n\t(3)\tA person who packs goods for transport in a package must not mark or label the package as if it contained dangerous goods if the person knows, or ought reasonably to know, that it does not contain dangerous goods.\n\t(4)\tSubregulation (3) does not apply if the marking or labelling with respect to the contents of the package complies with the requirements of the ICAO Technical Instructions or the IMDG Code.\n78—Prime contractor's and rail operator's duties\n\t(1)\tA prime contractor or rail operator must not transport goods in a package or as an unpackaged article if the prime contractor or rail operator knows, or ought reasonably to know, that—\n\t(a)\tthe goods are dangerous goods; and\n\t(b)\tthe package or article is not appropriately marked and labelled.\n\t(2)\tA prime contractor or rail operator must not transport dangerous goods in a package or as an unpackaged article if the prime contractor or rail operator knows, or ought reasonably to know, that a marking or label on the package or article about its contents is false or misleading in a material particular.\n\t(3)\tA prime contractor or rail operator must not transport goods in a package, or as an unpackaged article, that is marked or labelled as if it contained dangerous goods if the prime contractor or rail operator knows, or ought reasonably to know, that the package or article does not contain dangerous goods.\n\t(4)\tSubregulation (3) does not apply if the marking or labelling with respect to the contents of the package complies with the requirements of the ICAO Technical Instructions or the IMDG Code.\nDivision 2—Placarding of loads\n79—Appropriately placarded\nFor the purposes of this Division, a placard load is appropriately placarded if, in accordance with Chapter 5.3 of the ADG Code, labels and emergency information panels are affixed, stencilled, printed or placed on any thing used or to be used to transport the load.\n80—Consignor's duties\n\t(1)\tA person must not consign a placard load for transport if the load is not appropriately placarded.\n\t(2)\tA person must not consign a placard load for transport if the placarding of the load is false or misleading in a material particular.\n\t(3)\tA person must not consign goods for transport in or on a cargo transport unit that does not contain dangerous goods but is placarded as if it were a placard load.\n\t(4)\tSubregulation (3) does not apply if the placarding of the cargo transport unit complies with the requirements of the ICAO Technical Instructions or the IMDG Code with respect to the contents of the cargo transport unit.\n\t(5)\tA person must not consign a load of dangerous goods that is not a placard load for transport in or on a cargo transport unit if—\n\t(b)\tthe placarding of the load is false or misleading in a material particular.\n81—Loader's duties\n\t(1)\tA person who loads dangerous goods on to a vehicle for transport must ensure that the load is appropriately placarded if the person knows, or ought reasonably to know, that the load is a placard load.\n\t(2)\tA person who loads a placard load on to a vehicle for transport must not placard the load with placarding that the person knows, or ought reasonably to know, is false or misleading in a material particular.\n\t(3)\tA person who loads goods on to a vehicle for transport must not placard the load as if it were a placard load if the person knows, or ought reasonably to know, that the load does not contain dangerous goods.\n\t(4)\tSubregulation (3) does not apply if the placarding of the load complies with the requirements of the ICAO Technical Instructions or the IMDG Code with respect to the contents of the load.\n\t(5)\tA person who loads dangerous goods on to a vehicle for transport that is not a placard load must not—\n\t(a)\tplacard the load as if it were a placard load; and\n\t(b)\tplacard the load in a way that is false or misleading in a material particular.\n82—Prime contractor's and rail operator's duties\n\t(1)\tA prime contractor or rail operator must not transport dangerous goods if the prime contractor or rail operator knows, or ought reasonably to know, that—\n\t(a)\tthe goods are a placard load; and\n\t(b)\tthe load is not appropriately placarded.\n\t(2)\tA prime contractor or rail operator must not transport a placard load if the prime contractor or rail operator knows, or ought reasonably to know, that the placarding of the load is false or misleading in a material particular.\n\t(3)\tA prime contractor or rail operator must not use a cargo transport unit that is placarded as if it were a placard load if the person knows, or ought reasonably to know, that the cargo transport unit does not contain dangerous goods.\n\t(4)\tSubregulation (3) does not apply if the placarding of the cargo transport unit complies with the requirements of the ICAO Technical Instructions or the IMDG Code with respect to the contents of the cargo transport unit.\n\t(5)\tA prime contractor or rail operator must not transport a load of dangerous goods that is not a placard load if—\n\t(b)\tthe placarding is false or misleading in a material particular.\n83—Driver's duties\n\t(1)\tA person must not drive a road vehicle transporting dangerous goods if the person knows, or ought reasonably to know, that—\n\t(a)\tthe goods are a placard load; and\n\t(b)\tthe load is not appropriately placarded.\n\t(2)\tA person must not drive a road vehicle transporting a placard load if the person knows, or ought reasonably to know, that the placarding of the load is false or misleading in a material particular.\n\t(3)\tA person must not drive a road vehicle carrying a load that is placarded as if it were a placard load if the person knows, or ought reasonably to know, that the load does not contain dangerous goods.\n\t(4)\tA person must not drive a road vehicle carrying a load of dangerous goods that is not a placard load if—\n\t(b)\tthe placarding is false or misleading in a material particular.\n","sortOrder":12},{"sectionNumber":"Part 7","sectionType":"part","heading":"Vehicles and equipment","content":"Part 7—Vehicles and equipment\nDivision 1—Standards\n84—Owner's duties\nThe owner of a vehicle must not use the vehicle, or permit it to be used, to transport dangerous goods if the vehicle or its equipment does not comply with Chapters 4.4 and 6.10 of the ADG Code.\n85—Consignor's duties\nA person must not consign dangerous goods for transport in or on a vehicle if the person knows, or ought reasonably to know, that the vehicle or its equipment does not comply with Chapters 4.4 and 6.10 of the ADG Code.\n86—Loader's duties\nA person must not load dangerous goods on to a vehicle for transport if the person knows, or ought reasonably to know, that the vehicle or its equipment does not comply with Chapters 4.4 and 6.10 of the ADG Code.\n87—Prime contractor's and rail operator's duties\nA prime contractor or rail operator must not use a vehicle to transport dangerous goods if the vehicle or its equipment does not comply with Chapters 4.4 and 6.10 of the ADG Code.\n88—Driver's duties\nA person must not drive a road vehicle transporting dangerous goods if the person knows, or ought reasonably to know, that the vehicle or its equipment does not comply with Chapters 4.4 and 6.10 of the ADG Code.\nDivision 2—Safety equipment\n89—Owner's duties\nThe owner of a road vehicle must not use the vehicle, or permit the vehicle to be used, to transport a placard load unless the vehicle is equipped with—\n90—Prime contractor's duties\n\t(1)\tA prime contractor must not use a road vehicle to transport a placard load unless the vehicle is equipped with—\n\t(2)\tA prime contractor must not use a road vehicle to transport a placard load if the prime contractor knows, or ought reasonably to know, that the equipment for the vehicle mentioned in subregulation (1)—\n\t(a)\thas not been inspected or tested in accordance with Part 12 of the ADG Code; or\n\t(b)\tis not in good repair or proper working order.\n91—Driver's duties\n\t(1)\tA person must not drive a road vehicle transporting a placard load unless the vehicle is equipped with—\n\t(2)\tA person must not drive a road vehicle transporting a placard load if the person knows, or ought reasonably to know, that the equipment for the vehicle mentioned in subregulation (1)—\n\t(a)\tis not stowed in accordance with Part 12 of the ADG Code; or\n\t(b)\thas not been inspected or tested in accordance with that Part; or\n\t(c)\tis not in good repair or proper working order.\n","sortOrder":13},{"sectionNumber":"Part 8","sectionType":"part","heading":"Self-reactive substances, organic peroxides and certain other substances","content":"Part 8—Self-reactive substances, organic peroxides and certain other substances\nDivision 1—Self-reactive substances, organic peroxides and certain other substances\n92—Interpretation\nIn this Part—\ndesignated dangerous goods means—\n\t(a)\tgases of UN Class 2;\n\t(b)\tself‑reactive substances of UN Division 4.1;\n\t(c)\tdangerous when wet substances of UN Division 4.3;\n\t(d)\torganic peroxides of UN Division 5.2;\n\t(e)\ttoxic substances of UN Division or Subsidiary Hazard 6.1;\n\t(f)\tinfectious substances of UN Division 6.2;\n\t(g)\tother substances for which the proper shipping name contains the word \"STABILIZED\" and the self‑accelerating decomposition temperature (as determined in accordance with Part 2 of the ADG Code) when presented for transport in a packaging is 50°C or lower.\n93—Owner's duties\nThe owner of a cargo transport unit that has been used to carry dangerous goods comprised of toxic substances of UN Division or Subsidiary Hazard 6.1 or infectious substances of UN Division 6.2 must not further use or permit the further use of the cargo transport unit if the owner knows, or ought reasonably to know, that the cargo transport unit has not been decontaminated.\n94—Consignor's duties\nA person must not consign designated dangerous goods for transport if the person knows, or ought reasonably to know, that the goods are not loaded or stowed, or cannot be transported or unloaded, in accordance with Chapter 7.1 of the ADG Code.\n95—Loader's duties\nA person must not load designated dangerous goods on a vehicle for transport otherwise than in accordance with Chapter 7.1 of the ADG Code.\n96—Prime contractor's and rail operator's duties\n\t(1)\tA prime contractor or rail operator must not transport designated dangerous goods if the prime contractor or rail operator knows, or ought reasonably to know, that the transport does not comply with Chapter 7.1 of the ADG Code.\n\t(2)\tIf a prime contractor or rail operator has used a cargo transport unit to carry dangerous goods comprised of toxic substances of UN Division or Subsidiary Hazard 6.1 or infectious substances of UN Division 6.2, the prime contractor or rail operator must ensure—\n\t(a)\tthat markings, labels and placards indicating the presence of the dangerous goods are not removed from the cargo transport unit until the cargo transport unit has been decontaminated; and\n\t(b)\tthat the cargo transport unit is not further used to transport dangerous goods until it has been decontaminated.\n97—Driver's duties\nA person must not drive a road vehicle transporting designated dangerous goods if the person knows, or ought reasonably to know, that the goods are not being transported in accordance with Chapter 7.1 of the ADG Code.\nDivision 2—Nominally empty storage vessels\n98—Application of Division\nThis Division applies to tanks or hoppers specified in section 7.2.7.1 of the ADG Code (nominally empty storage vessels).\n99—Consignor's duties\nA person must not consign nominally empty storage vessels for transport in a cargo transport unit if the person knows, or reasonably ought to know, that the storage vessels are not loaded or stowed, or cannot be transported or unloaded, in accordance with Chapter 7.2 of the ADG Code.\n100—Loader's duties\nA person must not load nominally empty storage vessels for transport by road or rail in a cargo transport unit other than in accordance with Chapter 7.2 of the ADG Code.\n101—Prime contractor's and rail operator's duties\nA prime contractor or rail operator must not transport nominally empty storage vessels if the contractor or rail operator knows, or reasonably ought to know, that the transport does not comply with Chapter 7.2 of the ADG Code.\n102—Driver's duties\nA person must not drive a road vehicle transporting nominally empty storage vessels if the person knows, or reasonably ought to know, that the storage vessels are not being transported in accordance with Chapter 7.2 of the ADG Code.\nMaximum penalty: $1 300.\n","sortOrder":14},{"sectionNumber":"Part 9","sectionType":"part","heading":"Stowage and restraint","content":"Part 9—Stowage and restraint\n103—Consignor's duties\n\t(1)\tA person must not consign for transport in or on a vehicle a load containing dangerous goods that is a placard load if the person knows, or ought reasonably to know, that the goods or their packaging are not, or will not be, stowed, loaded or restrained in accordance with Chapter 8.1 of the ADG Code.\n\t(2)\tA person must not consign a load containing dangerous goods for transport in or on a cargo transport unit if the person knows, or ought reasonably to know, that the cargo transport unit is not, or will not be, restrained in accordance with Chapter 8.2 of the ADG Code.\n104—Loader's duties\n\t(1)\tA person who loads on to a vehicle for transport a load containing dangerous goods that is a placard load must ensure that the goods and their packaging are stowed, loaded and restrained in accordance with Chapter 8.1 of the ADG Code.\n\t(2)\tA person who loads on to a vehicle for transport dangerous goods that are in a cargo transport unit must ensure that the cargo transport unit is restrained in accordance with Chapter 8.2 of the ADG Code.\n105—Prime contractor's and rail operator's duties\n\t(1)\tA prime contractor or rail operator must not transport in or on a vehicle a load containing dangerous goods that is a placard load if the prime contractor or rail operator knows, or ought reasonably to know, that the goods or their packaging are not stowed, loaded or restrained in accordance with Chapter 8.1 of the ADG Code.\n\t(2)\tA prime contractor or rail operator must not transport dangerous goods in or on a cargo transport unit if the prime contractor or rail operator knows, or ought reasonably to know, that the cargo transport unit is not restrained in accordance with Chapter 8.2 of the ADG Code.\n106—Driver's duties\n\t(1)\tA person must not drive a road vehicle transporting a load containing dangerous goods that is a placard load if the person knows, or ought reasonably to know, that the goods or their packaging are not stowed, loaded or restrained in accordance with Chapter 8.1 of the ADG Code.\n\t(2)\tA person must not drive a road vehicle transporting dangerous goods in a cargo transport unit if the person knows, or ought reasonably to know, that the cargo transport unit is not restrained in accordance with Chapter 8.2 of the ADG Code.\n","sortOrder":15},{"sectionNumber":"Part 10","sectionType":"part","heading":"Segregation","content":"Part 10—Segregation\n107—Application of Part\nThis Part applies to—\n\t(a)\tthe transport of a placard load; and\n\t(b)\tthe transport of a load containing dangerous goods that is not a placard load if the load contains dangerous goods of UN Division 2.3, UN Class 6 or UN Class 8, or dangerous goods that have a Subsidiary Hazard of 6.1 or 8, that are being, or are to be, transported with food or food packaging.\n108—Exceptions\n\t(1)\tThis Part does not apply to dangerous goods if—\n\t(a)\tthe dangerous goods are the only dangerous goods in or on a vehicle or in a freight container; and\n\t(b)\tthe quantity of dangerous goods in each inner packaging or in each article does not exceed the quantity specified, or referred to, in column 7a of the Dangerous Goods List for those goods; and\n\t(c)\tthe goods are packed in accordance with Chapter 3.4 of the ADG Code.\n\t(2)\tThis Part does not prevent food and food packaging being transported on a road vehicle with dangerous goods if the food or food packaging is in the road vehicle's cabin and is for the driver's personal use.\n\t(3)\tThis Part does not prevent particular dangerous goods being transported in or on the same cargo transport unit as other goods if a determination under regulation 168(1)(e) allowing the goods to be so transported is in effect and the goods are transported in accordance with any conditions of the determination.\n109—Consignor's duties\nA person must not consign dangerous goods for transport in or on a vehicle if the person knows, or ought reasonably to know, that—\n\t(a)\tthe vehicle is, in the same journey, transporting incompatible goods; and\n\t(b)\tthe dangerous goods will not be segregated from the incompatible goods in accordance with—\n110—Loader's duties\nA person must not load dangerous goods on to a vehicle for transport if the person knows, or ought reasonably to know, that—\n\t(a)\tthe vehicle is, in the same journey, transporting incompatible goods; and\n\t(b)\tthe dangerous goods will not be segregated from the incompatible goods in accordance with—\n111—Prime contractor's duties\nA prime contractor must not use a road vehicle to transport dangerous goods if the prime contractor knows, or ought reasonably to know, that—\n\t(a)\tthe road vehicle is, in the same journey, transporting incompatible goods; and\n112—Rail operator's duties\nA rail operator must not use a train to transport dangerous goods if the rail operator knows, or ought reasonably to know, that—\n\t(a)\tthe train is, in the same journey, transporting incompatible goods; and\n113—Driver's duties\nA person must not drive a road vehicle transporting dangerous goods if the person knows, or ought reasonably to know, that—\n\t(a)\tthe road vehicle is, in the same journey, transporting incompatible goods; and\n","sortOrder":16},{"sectionNumber":"Part 11","sectionType":"part","heading":"Special requirements for transport in tank vehicles and bulk transfer","content":"Part 11—Special requirements for transport in tank vehicles and bulk transfer\nDivision 1—Equipment and transfer\n114—Application of Division\nThis Division applies to bulk transfer into or out of a tank vehicle or into or out of—\n\t(a)\tan MEGC; or\n\t(b)\ta portable tank; or\n\t(c)\ta demountable tank; or\n\t(d)\ta tube; or\n\t(e)\ta pressure drum; or\n\t(f)\ta bulk container; or\n\t(g)\tan IBC,\nthat is on a vehicle.\n115—Transferor's duties—hose assemblies\n\t(1)\tA person must not use a hose assembly for the bulk transfer of dangerous goods if the person knows, or ought reasonably to know, that the hose assembly is damaged or defective to the extent that it is not safe to use to transfer the goods.\n\t(2)\tA person must not use a hose assembly for the bulk transfer of dangerous goods if the person knows, or ought reasonably to know, that the hose assembly—\n\t(a)\thas not been constructed, assembled or maintained in accordance with Chapter 10.1 of the ADG Code; or\n\t(b)\thas not been inspected or tested at the intervals, or in the way, required under that Chapter; or\n\t(c)\tdid not satisfy a test under that Chapter.\n116—Transferor's duties—general\n\t(1)\tA person engaged in the bulk transfer of dangerous goods must ensure that the goods are transferred in accordance with Chapter 10.2 of the ADG Code.\n\t(2)\tA person must not engage in the bulk transfer of dangerous goods if the person knows, or ought reasonably to know, that—\n\t(a)\tthe receiving receptacle or the transfer equipment is incompatible with the dangerous goods; or\n\t(b)\tthe receptacle contains goods that are incompatible with the dangerous goods.\n\t(3)\tIf, during the bulk transfer of dangerous goods, the goods leak, spill or accidentally escape, the person engaged in transferring the goods—\n\t(a)\tmust immediately stop transferring the goods; and\n\t(b)\tmust not resume transferring the goods until the conditions that caused the leak, spill or escape have been rectified.\n117—Occupier's duties\n\t(1)\tThe occupier of premises where the bulk transfer of dangerous goods occurs must ensure that any hose assembly on the premises that is used, or that is intended to be used, for the transfer (other than a hose assembly brought onto the premises on a vehicle involved in the transfer)—\n\t(2)\tThe occupier of premises where the bulk transfer of dangerous goods occurs must ensure that the goods are transferred in accordance with Chapter 10.2 of the ADG Code.\n\t(3)\tThe occupier of premises where the bulk transfer of dangerous goods occurs must keep, in accordance with section 10.1.3.4 of the ADG Code, accurate records of each inspection and test, and all maintenance work, carried out on any hose assembly on the premises that is used, or that is intended to be used, for the transfer (other than a hose assembly brought onto the premises on a vehicle involved in the transfer).\n118—Prime contractor's duties\n\t(1)\tA prime contractor engaged in the bulk transfer of dangerous goods must ensure that any hose assembly that is used, or intended to be used, for the transfer of the goods (other than a hose assembly for which the prime contractor is not responsible)—\n\t(2)\tA prime contractor engaged in the bulk transfer of dangerous goods must ensure that dangerous goods are transferred in accordance with Chapter 10.2 of the ADG Code.\n\t(3)\tA prime contractor engaged in the bulk transfer of dangerous goods must keep, in accordance with section 10.1.3.4 of the ADG Code, accurate records of each inspection and test, and all maintenance work, carried out on any hose assembly that is used, or intended to be used, for the transfer of the goods (other than a hose assembly for which the prime contractor is not responsible).\n119—Rail operator's duties\nA rail operator engaged in the bulk transfer of dangerous goods must ensure that any hose assembly that is used, or intended to be used, for the transfer of the goods (other than a hose assembly for which the rail operator is not responsible)—\nDivision 2—Filling ratio and ullage for tank vehicles\n120—Transferor's duties\n\t(1)\tA person engaged in the bulk transfer of dangerous goods into a tank on a tank vehicle must ensure that—\n\t(a)\tfor dangerous goods of UN Class 2 that are not in the form of a refrigerated liquid—the quantity of the goods in the tank to which the goods are transferred does not exceed the maximum permitted filling ratio set out in section 10.3.2 of the ADG Code; and\n\t(b)\tin any other case—the ullage in the tank complies with section 10.3.1 of the ADG Code.\n\t(2)\tIf—\n\t(a)\ta person is engaged in the bulk transfer of goods that are not dangerous goods to a tank (tank A); and\n\t(b)\ttank A is on, or part of, a vehicle; and\n\t(c)\tthe person knows, or reasonably ought to know, that the vehicle—\n\t(i)\tis carrying dangerous goods in another tank or in another compartment of tank A; or\n\t(ii)\tis likely to carry dangerous goods in another tank, or in another compartment of tank A before tank A is emptied of the non‑dangerous goods,\nthe person must ensure that the ullage in tank A in respect of the non‑dangerous goods complies with section 10.3.1 of the ADG Code as if the goods were dangerous goods.\nMaximum penalty: $2 000.\n121—Prime contractor's and rail operator's duties\n\t(1)\tA prime contractor or rail operator must not transport dangerous goods in a tank on a tank vehicle if—\n\t(a)\tfor dangerous goods of UN Class 2 that are not in the form of a refrigerated liquid—the quantity of goods in the tank exceeds the maximum permitted filling ratio set out in section 10.3.2 of the ADG Code; or\n\t(b)\tin any other case—the ullage in the tank does not comply with section 10.3.1 of the ADG Code.\n\t(2)\tIf a prime contractor or rail operator—\n\t(a)\tuses a vehicle to transport a tank (tank A) containing goods that are not dangerous goods; and\n\t(b)\tat the same time uses the vehicle to also transport dangerous goods in another tank or in another compartment of tank A,\nthe prime contractor or rail operator must ensure that the ullage in tank A complies with section 10.3.1 of the ADG Code as if the goods were dangerous goods.\n122—Driver's duties\n\t(1)\tA person must not drive a road tank vehicle that is transporting dangerous goods if the person knows, or ought reasonably to know, that—\n\t(a)\tfor dangerous goods of UN Class 2 that are not in the form of a refrigerated liquid—the quantity of goods in the tank exceeds the maximum permitted filling ratio set out in section 10.3.2 of the ADG Code; or\n\t(b)\tin any other case—the ullage in the tank does not comply with section 10.3.1 of the ADG Code.\n\t(2)\tIf—\n\t(a)\ta road vehicle contains in a tank goods that are not dangerous goods; and\n\t(b)\tat the same time the vehicle contains dangerous goods,\na person must not drive the vehicle if the person knows, or ought reasonably to know, that the ullage in the tank would not comply with section 10.3.1 of the ADG Code if the goods in it were dangerous goods.\nMaximum penalty: $2 000.\n","sortOrder":17},{"sectionNumber":"Part 12","sectionType":"part","heading":"Documentation","content":"Part 12—Documentation\nDivision 1—Transport documentation\n123—False or misleading information\nA person must not include information in transport documentation for dangerous goods that the person knows, or ought reasonably to know, is false or misleading in a material particular.\n124—Consignor's duties—transport by road vehicle\n\t(1)\tA person must not consign dangerous goods for transport in or on a road vehicle if the prime contractor, or, if there is no prime contractor, the driver of the vehicle, has not been given transport documentation that complies with Chapter 11.1 of the ADG Code for the goods.\n\t(2)\tA person must not consign dangerous goods for transport if—\n\t(a)\tthe person knows, or ought reasonably to know, that the goods will be divided and transported in separate loads on 2 or more road vehicles; and\n\t(b)\tthe prime contractor, or, if there is no prime contractor, the driver of each road vehicle transporting the goods, has not been given separate transport documentation that complies with Chapter 11.1 of the ADG Code for each load.\n125—Consignor's duties—transport by rail\n\t(1)\tA person must not consign dangerous goods for transport in or on a unit of rolling stock if the rail operator has not been given transport documentation that complies with Chapter 11.1 of the ADG Code for the goods.\n\t(2)\tFor the purposes of subregulation (1), a rail operator is to be taken to have been given the transport documentation if the contents of the transport documentation have been communicated to the rail operator by means of electronic data processing or electronic data interchange.\n126—Prime contractor's duties\n\t(1)\tA prime contractor must ensure that a person does not drive a road vehicle used by the prime contractor to transport dangerous goods if—\n\t(a)\tthe person has not been given transport documentation that complies with Chapter 11.1 of the ADG Code for the goods; and\n\t(b)\tthe documentation is not readily able to be located in the vehicle in accordance with Chapter 11.1 of the ADG Code.\n\t(2)\tIf these regulations or the ADG Code requires a prime contractor to create or use a document in relation to the transport of dangerous goods, the prime contractor must retain the document, or a copy of the document, for at least 3 months after the transport of the dangerous goods by the prime contractor finishes.\n\t(3)\tIt is a failure to comply with subregulation (2) if the prime contractor—\n\t(a)\tdoes not retain a legible hard copy of the document, or a legible copy of the document in electronic form, for the 3 month retention period; or\n\t(b)\tcannot produce, at any time during the 3 month retention period at the request of an authorised officer, a legible hard copy of the document or a legible copy of the document in electronic form.\n127—Rail operator's duties\n\t(1)\tA rail operator must not transport dangerous goods by rail unless the driver of the train transporting the goods has been given transport documentation that complies with Chapter 11.1 of the ADG Code for the goods.\n\t(2)\tFor the purposes of subregulation (1), a driver is to be taken to have been given the transport documentation if the contents of the transport documentation have been communicated to the driver by means of electronic data processing or electronic data interchange.\n\t(3)\tSubregulations (1) and (2) do not apply if the train is in a depot or yard or is engaged in shunting operations and the transport documentation for the goods is readily available elsewhere in the immediate vicinity of the depot, yard or operations.\n128—Driver's duties\n\t(1)\tThe driver of a road vehicle must ensure that, while the vehicle is being used to transport dangerous goods, transport documentation for the goods is carried in or on the vehicle.\n\t(2)\tThe driver of a road vehicle transporting dangerous goods must produce the transport documentation for the goods for inspection by an authorised officer, or an emergency services officer, if the officer asks the driver to produce the documentation for inspection.\n129—Train driver's duties\n\t(1)\tA person must not drive a train that the person knows, or ought reasonably to know, is transporting dangerous goods, if the person does not have transport documentation for the goods.\n\t(2)\tThe driver of a train transporting dangerous goods must produce the transport documentation for the goods for inspection by an authorised officer, or an emergency services officer, if the officer asks the driver to produce the documentation for inspection.\n\t(3)\tSubregulations (1) and (2) do not apply if the train is in a depot or yard or is engaged in shunting operations and the transport documentation for the goods is readily available elsewhere in the immediate vicinity of the depot, yard or operations.\nDivision 2—Emergency information\n130—Meaning of required emergency information\nrequired emergency information means—\n\t(a)\tif an approval under regulation 170(7) applies—emergency information that complies with the approval; or\n\t(b)\tin any other case—emergency information that complies with Chapter 11.2 of the ADG Code.\n131—Consignor's duties\nA person must not consign a placard load for transport in or on a vehicle if the person knows, or ought reasonably to know, that the required emergency information for the dangerous goods in the load is not, or will not be, on the vehicle.\n132—Prime contractor's duties\nA prime contractor must not use a road vehicle to transport a placard load if—\n\t(a)\tthe vehicle is not equipped with an emergency information holder that complies with Chapter 11.2 of the ADG Code; or\n\t(b)\tthe required emergency information for the dangerous goods in the load is not in the holder.\n133—Rail operator's duties\n\t(1)\tA rail operator must not transport a placard load in a cargo transport unit on a train if the required emergency information for the dangerous goods in the load is not in the train driver's cab.\n\t(2)\tSubregulation (1) does not apply if the train is in a depot or yard, or is involved in shunting operations, and the required emergency information for the dangerous goods in the load is readily available elsewhere in the immediate vicinity of those operations.\n134—Driver's duties\n\t(1)\tA person must not drive a road vehicle transporting a placard load if—\n\t(a)\tthe vehicle is not equipped with an emergency information holder that complies with Chapter 11.2 of the ADG Code; or\n\t(b)\tthe required emergency information for the dangerous goods in the load is not in the holder.\n\t(2)\tThe driver of a road vehicle transporting a placard load must ensure that the vehicle's emergency information holder contains only—\n\t(a)\tthe required emergency information for the dangerous goods in the load; and\n\t(b)\tthe transport documentation for the goods.\n\t(3)\tThe driver of a road vehicle transporting a placard load must produce the required emergency information for the dangerous goods in the load for inspection by an authorised officer, or an emergency services officer, if the officer asks the driver to produce the information for inspection.\n135—Train driver's duties\n\t(1)\tA person must not drive a train that is transporting a placard load if the required emergency information for the dangerous goods in the load is not in the train driver's cab.\n\t(2)\tThe driver of a train transporting a placard load must produce the required emergency information for the dangerous goods in the load for inspection by an authorised officer or an emergency services officer, if the officer asks the driver to produce the information for inspection.\n\t(3)\tSubregulations (1) and (2) do not apply if the train is in a depot or yard or is engaged in shunting operations and the required emergency information is readily available elsewhere in the immediate vicinity of the depot, yard or operations.\nDivision 3—Dangerous goods packed in limited quantities\n136—Consignor's duties\nA person must not consign dangerous goods that are packed in limited quantities for transport unless the person has provided the prime contractor with the information required by section 3.4.12.1 of the ADG Code in the form required by that section.\n137—Prime contractor's duties\nA prime contractor who receives information under section 3.4.12.1 of the ADG Code must ensure that the information is readily ascertainable during transport of the dangerous goods.\n138—False or misleading information\nIn providing information under section 3.4.12.1 of the ADG Code, a person must not include information that the person knows, or reasonably ought to know, is false or misleading in a material particular.\n","sortOrder":18},{"sectionNumber":"Part 13","sectionType":"part","heading":"Procedures during transport","content":"Part 13—Procedures during transport\nDivision 1—General precautions—driver's duties\n139—Driving\nThe driver of a road vehicle transporting a placard load must not allow anyone else to ride in the vehicle except in accordance with Part 13 of the ADG Code.\n140—Parking\nThe driver of a road vehicle transporting a placard load must not park the vehicle, or leave the vehicle standing, in a public or private place except in accordance with Part 13 of the ADG Code.\n141—Control of ignition sources\n\t(1)\tThis regulation applies to a road vehicle transporting—\n\t(a)\ta load that contains—\n\t(i)\tdangerous goods in a receptacle with a capacity of more than 500 litres; or\n\t(ii)\tmore than 500 kilograms of dangerous goods in a receptacle; and\n\t(b)\tthe dangerous goods are of UN Division 2.1 or UN Class 3, 4 or 5 or have a Subsidiary Hazard of 2.1, 3, 4 or 5.1.\n\t(2)\tThe driver of the road vehicle must not—\n\t(a)\thave matches or a cigarette lighter in their possession in the vehicle; or\n\t(b)\tsmoke in the vehicle.\n\t(3)\tThe driver must do everything practicable to ensure that anyone else in the road vehicle does not—\n\t(a)\thave matches or a cigarette lighter in their possession; or\n\t(b)\tsmoke.\n142—Unloading or unpacking\n\t(1)\tThe driver of a road vehicle transporting a placard load must not unload or unpack the dangerous goods, or permit the dangerous goods to be unloaded or unpacked, from the vehicle except in accordance with Part 13 of the ADG Code.\n\t(2)\tIn this regulation, a reference to unpacking dangerous goods from a vehicle extends to the bulk transfer of dangerous goods out of a tank vehicle or a container in or on a vehicle.\n143—Detaching trailer\nThe driver of a road vehicle that has attached to it a trailer transporting a placard load must not detach the trailer, or permit it to be detached, from the vehicle except in accordance with Part 13 of the ADG Code.\n144—Road tank vehicle equipped with burner\nThe driver of a road tank vehicle that is transporting a placard load and is equipped with a burner to heat the load must not operate the burner, or permit it to be operated, except in accordance with Part 13 of the ADG Code.\nDivision 2—General precautions—prime contractor's duties\n145—Parking\nA prime contractor must not direct or induce the driver of a road vehicle transporting a placard load to park the road vehicle, or leave the road vehicle standing, in a public or private place except in accordance with Part 13 of the ADG Code.\n146—Unloading\nA prime contractor must not direct or induce the driver of a road vehicle transporting a placard load to permit the dangerous goods to be unloaded from the vehicle except in accordance with Part 13 of the ADG Code.\n147—Detaching trailer\nA prime contractor must not direct or induce the driver of a road vehicle that has attached to it a trailer transporting a placard load to detach the trailer or permit it to be detached from the vehicle except in accordance with Part 13 of the ADG Code.\n148—Road tank equipped with burner\nA prime contractor must not direct or induce the driver of a road vehicle that is transporting a placard load, and that is equipped with a burner to heat the load, to operate the burner or permit it to be operated except in accordance with Part 13 of the ADG Code.\nDivision 3—Routes, times etc\n149—Prime contractor's and rail operator's duties\nA prime contractor or rail operator must not transport dangerous goods contrary to a determination under regulation 168(1)(d) or (e).\n150—Driver's duties\nA person must not drive a road vehicle transporting dangerous goods contrary to a determination under regulation 168(1)(d) or (e).\nDivision 4—Immobilised and stopped vehicles\n151—Interpretation\nFor the purposes of this Division—\n\t(a)\ta motor vehicle is broken down if it is not possible to drive the vehicle because it is disabled through damage, mechanical failure, lack of fuel or any similar reason; and\n\t(b)\ta trailer is broken down if it is not connected (either directly or by 1 or more other trailers) to a towing vehicle, whether or not the trailer is disabled through damage, mechanical failure or any similar reason; and\n\t(c)\tthe driver of a trailer that is broken down is the driver of the towing vehicle to which the trailer was last connected (either directly or by 1 or more other trailers).\n152—Driver's duties\n\t(1)\tThis regulation applies if a road vehicle transporting a placard load—\n\t(a)\tis broken down or otherwise immobilised, or has stopped, on a road; and\n\t(b)\tis a traffic hazard.\n\t(2)\tThe driver must alert other road users of the hazard in accordance with Part 13 of the ADG Code.\n\t(3)\tSubregulation (2) does not apply if the driver complies with the requirements of the Australian Road Rules to place warning triangles on the road.\n153—Prime contractor's duties\n\t(1)\tIf a prime contractor knows, or ought reasonably to know, that a road vehicle that the prime contractor is using to transport a placard load has broken down or is otherwise immobilised on a road and requires repair, the prime contractor must, as soon as practicable, ensure that the vehicle is—\n\t(a)\trepaired so that it can be driven safely off the road; or\n\t(b)\ttowed to a place where it can be repaired.\n\t(2)\tThe prime contractor must—\n\t(a)\tremove the dangerous goods from the road vehicle before it is repaired or towed; and\n\t(b)\ttransport the dangerous goods from the place of the breakdown or immobilisation,\nif the risk of personal injury, property damage or environmental harm involved in complying with paragraphs (a) and (b) is not greater than the risk involved in not complying with the paragraphs.\n\t(3)\tIf the road vehicle is towed while still carrying dangerous goods that would require the driver of the vehicle to hold a dangerous goods driver licence, the prime contractor must ensure that the driver of the tow truck towing the vehicle—\n\t(a)\tholds a dangerous goods driver licence that would authorise the driver of the tow truck to drive a vehicle with those dangerous goods; or\n\t(b)\tis accompanied in the cabin of the tow truck by a person who holds a dangerous goods driver licence that would authorise the person to drive a vehicle with those dangerous goods.\n154—Rail operator's duties\nIf a train transporting a placard load fails or is otherwise immobilised, the rail operator must, as soon as practicable, take all appropriate steps to ensure that a dangerous situation does not arise.\nDivision 5—Emergencies generally\n155—Driver's duties\nIf a road vehicle transporting dangerous goods is involved in an incident resulting in a dangerous situation, the driver of the vehicle must—\n\t(a)\tnotify the prime contractor, the Competent Authority and the police or fire service, of the incident as soon as practicable; and\n\t(b)\tprovide any reasonable assistance required by an authorised officer, or an emergency services officer, to deal with the situation.\n156—Train driver's and rail operator's duties\n\t(1)\tIf a train transporting dangerous goods is involved in an incident resulting in a dangerous situation, the driver of the train must—\n\t(a)\tnotify the rail operator of the incident as soon as practicable; and\n\t(b)\tprovide any reasonable assistance required by an authorised officer, or an emergency services officer, to deal with the situation.\n\t(2)\tOn becoming aware of the incident, the rail operator must—\n\t(a)\tnotify the police or fire service of the incident as soon as practicable; and\n\t(b)\tprovide any reasonable assistance required by an authorised officer, or an emergency services officer, to deal with the situation.\n157—Prime contractor's and rail operator's duties—food or food packaging\n\t(1)\tThis regulation applies if—\n\t(a)\tan incident involving a vehicle transporting dangerous goods results in the leakage, spillage or accidental escape of the dangerous goods, or in a fire or explosion; and\n\t(b)\tthere is food or food packaging in the vicinity of the incident that is within the control of a prime contractor or rail operator.\n\t(2)\tIn the case of a prime contractor, the prime contractor must ensure that the food or food packaging is not transported from the site of the incident unless the Competent Authority has given permission to the prime contractor to transport the food or food packaging from the site.\n\t(3)\tIn the case of a rail operator, the rail operator must—\n\t(a)\tnotify the Competent Authority of the incident as soon as practicable after the incident; and\n\t(b)\tdeal with the food or food packaging as directed by the Competent Authority.\n158—Prime contractor's and rail operator's duties—reporting\n\t(1)\tThis regulation applies if a vehicle transporting dangerous goods is involved in an incident resulting in a dangerous situation.\n\t(2)\tAs soon as practicable after becoming aware of the incident, the prime contractor or rail operator must provide the Competent Authority with the following details about the incident:\n\t(a)\twhere the incident happened;\n\t(b)\tthe date and time of the incident;\n\t(c)\tthe nature of the incident;\n\t(d)\tthe dangerous goods being transported when the incident happened;\n\t(e)\tany other details that the Competent Authority may require.\n\t(3)\tNot later than 21 days after the day of the incident, the prime contractor or rail operator must give the Competent Authority a written report about the incident stating the following:\n\t(a)\twhere the incident happened;\n\t(b)\tthe date and time of the incident;\n\t(c)\tthe nature of the incident;\n\t(d)\tthe dangerous goods being transported when the incident happened;\n\t(e)\twhat the driver believes to be the likely cause of the incident;\n\t(f)\twhat the prime contractor or rail operator believes to be the likely cause of the incident;\n\t(g)\tthe measures taken to control any leak, spill or accidental escape of dangerous goods, and any fire or explosion, resulting from the incident;\n\t(h)\tthe measures taken after the incident in relation to the dangerous goods involved in the incident.\nDivision 6—Emergencies involving placard loads\n159—Telephone advisory service for certain placard loads\n\t(1)\tA prime contractor or rail operator must not transport a load that contains—\n\t(b)\tmore than 500 kilograms of dangerous goods in a receptacle,\nif a telephone advisory service is not available during the journey.\n\t(2)\tA person must not consign a load that contains—\n\t(b)\tmore than 500 kilograms of dangerous goods in a receptacle,\nif a telephone advisory service is not available during the journey.\n\t(3)\tThe telephone advisory service—\n\t(a)\tmust comprise a service providing access by a continuously monitored telephone not located on a vehicle transporting dangerous goods to a person competent to give advice about the following:\n\t(i)\tthe construction and properties of the receptacles in which the dangerous goods are being transported;\n\t(ii)\tthe use of equipment on vehicles in or on which the dangerous goods are being transported;\n\t(iii)\tthe properties of the dangerous goods;\n\t(iv)\tmethods of safely handling the dangerous goods;\n\t(v)\tmethods of safely containing and controlling the dangerous goods in a dangerous situation; and\n\t(b)\tmay be provided by the prime contractor, rail operator or consignor, or someone else for the prime contractor, rail operator or consignor.\n160—Emergency plans\n\t(1)\tBefore a person consigns a placard load for transport, the person must prepare and have an emergency plan for the transport of the goods.\n\t(2)\tBefore a prime contractor or rail operator transports a placard load, the prime contractor or rail operator must prepare and have an emergency plan for the transport of the goods.\n\t(3)\tThe emergency plan must—\n\t(a)\tbe in writing; and\n\t(b)\tinclude procedures for dealing with any dangerous situation arising from the transport of the goods; and\n\t(c)\tbe prepared having regard to any guidelines approved by the Ministerial Council.\n\t(4)\tOn becoming aware of a dangerous situation involving a placard load, the prime contractor or rail operator transporting the load must follow the procedures included in the emergency plan for dealing with a dangerous situation arising from the transport of the goods.\n161—Provision of information and resources\n\t(1)\tThis regulation applies if a vehicle transporting a placard load is involved in an incident resulting in a dangerous situation.\n\t(2)\tAs soon as practicable after being asked by an authorised officer or an emergency services officer, the consignor of goods included in the load must—\n\t(a)\tgive the officer the information the officer requires about—\n\t(i)\tthe properties of the dangerous goods being transported; and\n\t(ii)\tsafe methods of handling the goods; and\n\t(iii)\tsafe methods of containing and controlling the goods in a dangerous situation; and\n\t(b)\tprovide the equipment and other resources necessary—\n\t(i)\tto control the dangerous situation; and\n\t(ii)\tto contain, control, recover and dispose of dangerous goods that have leaked, spilled or accidentally escaped.\n\t(3)\tAs soon as practicable after being asked by an authorised officer or an emergency services officer, the prime contractor or rail operator must—\n\t(a)\tgive the officer the information the officer requires about the vehicle's construction, properties and equipment; and\n\t(b)\tprovide the equipment and other resources necessary—\n\t(i)\tto control the dangerous situation; and\n\t(ii)\tto recover the vehicle or its equipment.\n\t(4)\tIf the prime contractor and the consignor, or the rail operator and the consignor, of the dangerous goods are asked to give the same information or provide the same resources for the incident, it is sufficient if the consignor or, as the case may be, the prime contractor or the rail operator gives the information or provides the resources.\n","sortOrder":19},{"sectionNumber":"Part 14","sectionType":"part","heading":"ADG Code Special Provisions","content":"Part 14—ADG Code Special Provisions\n162—Application of this Part\n\t(1)\tThis Part applies if a Special Provision referenced in the Dangerous Goods List applies to dangerous goods and that Special Provision prohibits the transport of the goods by land or imposes a restriction on the way the goods are to be transported by land.\n\t(2)\tA Special Provision is subject to any applicable determination under regulation 168.\n163—Consignor's duties\nA person must not consign dangerous goods for transport if the person knows, or ought reasonably to know—\n164—Packer's duties\nA person must not pack dangerous goods for transport if the person knows, or ought reasonably to know—\n165—Loader's duties\nA person must not load dangerous goods on to a vehicle for transport if the person knows, or ought reasonably to know—\n166—Prime contractor's and rail operator's duties\nA prime contractor or rail operator must not transport dangerous goods if the prime contractor or rail operator knows, or ought reasonably to know—\n\t(b)\tthat the transport of the goods contravenes the Special Provision.\n167—Driver's duties\nA person must not drive a road vehicle transporting dangerous goods if the person knows, or ought reasonably to know—\n\t(b)\tthat the transport of the goods contravenes the Special Provision.\nMaximum penalty: $1 000.\nPart 15—Administration\nDivision 1—Determinations and approvals\nSubdivision 1—Determinations\n168—Determinations\n\t(1)\tFor the purposes of Part 4 of the Act and these regulations, the Competent Authority may, on application or on its own initiative, determine—\n\t(a)\tthat goods are or are not—\n\t(i)\tdangerous goods; or\n\t(ii)\tdangerous goods of a particular UN Class or UN Division; or\n\t(iii)\tdangerous goods with a particular Subsidiary Hazard; or\n\t(iv)\tsubstances of a particular Packing Group; or\n\t(v)\tincompatible with particular dangerous goods; or\n\t(b)\tthat particular dangerous goods are or are not too dangerous to be transported; or\n\t(c)\tthat particular dangerous goods may be, must or must not be transported in specified packaging (despite any prohibition or authorisation in the Dangerous Goods List); or\n\t(d)\tthat particular dangerous goods may be or must or must not be transported—\n\t(i)\tusing a specified vehicle, or kind of vehicle; or\n\t(ii)\ton a specified route; or\n\t(iii)\tin or through a specified area; or\n\t(iv)\tat a specified time; or\n\t(v)\tin quantities in excess of a specified amount; or\n\t(e)\tthat particular dangerous goods may be or must not be transported in or on the same cargo transport unit as other goods (whether or not those other goods are dangerous goods).\n\t(2)\tA determination may be subject to any condition necessary for the safe transport of dangerous goods.\nTo the extent of any inconsistency, a determination prevails over any provision of these regulations or the ADG Code in its application to particular dangerous goods.\n169—Corresponding determinations\n\t(1)\tThis regulation applies to a determination made by a corresponding authority if—\n\t(a)\tthe determination is made under a provision of the law of the other jurisdiction corresponding to regulation 168; and\n\t(b)\tthe determination has effect in the other jurisdiction; and\n\t(c)\tCAP has decided that the determination should have effect in all participating jurisdictions or participating jurisdictions including this State, and CAP has not reversed the decision.\n\t(2)\tThe determination has effect in this State as if it were a determination made by the Competent Authority under regulation 168.\n","sortOrder":20},{"sectionNumber":"Subdiv 2","sectionType":"subdivision","heading":"Approvals","content":"Subdivision 2—Approvals\n170—Approvals\n\t(1)\tTests and training courses for drivers\nThe following provisions apply to an approval for the purposes of Part 3:\n\t(a)\tthe Competent Authority may, on application, approve—\n\t(i)\ta test of competence for drivers of road vehicles transporting dangerous goods; or\n\t(ii)\ta training course for drivers of road vehicles transporting dangerous goods;\n\t(b)\tthe Competent Authority may approve a test of competence or a training course only if the Authority considers that a person who passes the test, or completes the course, will have the skills and knowledge to perform the task to which the test or course relates safely and in accordance with these regulations.\n\t(2)\tInsurance—exemption from Part 4 Division 1\nThe following provisions apply to an approval for the use of a vehicle for the purposes of Part 4 Division 1:\n\t(a)\tthe owner of a road vehicle used to transport placard loads, or a prime contractor responsible for the condition of the vehicle, may make an application to the Competent Authority for approval to use the vehicle even if the vehicle is not covered by a policy of insurance or other form of indemnity in accordance with Part 4 Division 1;\n\t(b)\tif the Competent Authority is satisfied that the owner or prime contractor is adequately capable of self insurance for the purposes of Part 4 Division 1, the Competent Authority may give written approval for the use of the vehicle;\n\t(c)\tan approval under paragraph (b) may be given by the Competent Authority—\n\t(i)\tfor a single use or for a period not longer than 3 years; and\n\t(ii)\tsubject to any other condition.\n\t(3)\tPackaging design\nThe following provisions apply to an approval of a design for packaging for the purposes of Part 5:\n\t(a)\tthe Competent Authority may, on application, approve a design for a packaging for use in the transport of dangerous goods if satisfied that a packaging of that design—\n\t(i)\twill comply with, or is permitted by, Part 6 of the ADG Code; and\n\t(ii)\tsatisfies all the relevant testing and inspection requirements set out in that Part;\n\t(b)\tin giving approval, the Competent Authority may impose in relation to the approval any condition about the construction, packing, use or maintenance of a packaging manufactured in accordance with the design necessary for the safe use of the packaging to transport dangerous goods;\n\t(c)\tfor the purposes of determining an application for the approval of a design for packaging, the following provisions apply:\n\t(i)\tthe Competent Authority may rely on a certificate issued by a recognised testing facility certifying that a packaging design type has passed particular performance tests for particular dangerous goods;\n\t(ii)\tif a performance test is conducted by a testing facility registered by NATA, any certificate or report of the test must—\n\t(A)\tcontain any details required under the relevant Chapter of Part 6 of the ADG Code; and\n\t(B)\tbe in the appropriate form used by NATA registered testing facilities;\n\t(iii)\tif a performance test is conducted in Australia by a recognised testing facility that is not registered by NATA—\n\t(A)\tthe test must be observed by or for the Competent Authority; and\n\t(B)\tany certificate or report of the test must contain any details required under the relevant Chapter of Part 6 of the ADG Code;\n\t(iv)\tthe following testing facilities are recognised testing facilities for a packaging design type:\n\t(A)\ta testing facility registered by NATA to conduct performance tests under Part 6 of the ADG Code for the packaging design type;\n\t(B)\tif NATA has not registered a testing facility to conduct performance tests of that kind—a testing facility in Australia capable of conducting the tests;\n\t(C)\ta facility in a foreign country approved by a public authority of the country to conduct performance tests of that kind.\n\t(4)\tMethod of preparing overpack and contents—exemption from section 5.1.2 of ADG Code\nThe following provisions apply to an approval of a method of preparing an overpack and its contents for the purposes of Part 5:\n\t(a)\tthe Competent Authority may, on application, approve a method of preparing an overpack and its contents for transporting dangerous goods that does not comply with section 5.1.2 of the ADG Code if the Authority considers that the risk of personal injury, property damage or environmental harm involved in using the method is not greater than the risk involved in using a method complying with the section;\n\t(b)\tin giving approval, the Competent Authority may impose in relation to the approval any condition about the use of the overpack necessary for the safe use of the overpack to transport dangerous goods.\n\t(5)\tSegregation devices\nThe following provisions apply to an approval of a design for a Type II segregation device for the purposes of Part 10:\n\t(a)\tthe Competent Authority may, on application, approve a design for a Type II segregation device if the design complies with Chapter 6.11 of the ADG Code;\n\t(b)\tthe approval of the design may be subject to any condition necessary for the safe transport of dangerous goods.\n\t(6)\tMethods of segregation—exemption from Part 9 of ADG Code\nThe following provisions apply to an approval of a method of segregation for the purposes of Part 10:\n\t(a)\tthe Competent Authority may approve a method of segregation not complying with Part 9 of the ADG Code for transporting dangerous goods and incompatible goods, if the Authority considers that—\n\t(i)\tit is impracticable to segregate the goods by a segregation device, or method of segregation, complying with that Part; and\n\t(ii)\tthe risk of personal injury, property damage or environmental harm involved in using the method to transport the goods is not greater than the risk involved in using a device or method complying with that Part to transport the goods;\n\t(b)\tthe approval of the method may be subject to any condition necessary for the safe transport of dangerous goods.\n\t(7)\tEmergency information—exemption from Chapter 11.2 of ADG Code\nThe following provisions apply to an approval of emergency information for the purposes of Part 12 Division 2:\nThe Competent Authority may, on application, approve emergency information that does not comply with Chapter 11.2 of the ADG Code if the Authority considers that use of the information would be as accurate, and at least as convenient and efficient, as information that complies with the Chapter.\n171—Corresponding approvals\n\t(1)\tThis regulation applies to an approval given in another participating jurisdiction if—\n\t(a)\tthe approval is given under a provision of the law of the other jurisdiction corresponding to regulation 170; and\n\t(b)\tthe approval has effect in the other jurisdiction; and\n\t(c)\tCAP has decided that the approval should have effect in all participating jurisdictions or participating jurisdictions including this State, and CAP has not reversed the decision.\n\t(2)\tThe approval has effect in this State as if it were an approval given by the Competent Authority under regulation 170.\n","sortOrder":21},{"sectionNumber":"Subdiv 3","sectionType":"subdivision","heading":"General","content":"Subdivision 3—General\n172—Application of Subdivision\nThis Subdivision applies to determinations made under this Part on application and to approvals given under this Part.\n173—Application for determination or approval\n\t(1)\tAn application for a determination or approval must—\n\t(a)\tbe made to the Competent Authority in writing; and\n\t(b)\tin the case of an application for the approval of a design for packaging—include the information required under Part 6 of the ADG Code; and\n\t(c)\tin the case of an application for the approval of a design for a Type II segregation device—include the information required under Chapter 6.11 of the ADG Code; and\n\t(d)\tbe accompanied by the prescribed fee.\n\t(2)\tThe Competent Authority may, by written notice, require an applicant to give to the Authority any additional information necessary for the proper consideration of the application.\n\t(3)\tIf the Competent Authority refuses the application, the Authority must inform the applicant in writing of the refusal and of the reasons for the refusal.\n174—Court orders\nThe Competent Authority must not make a determination or give an approval on the application of a person who is prohibited by court order from involvement in the transport of dangerous goods.\n175—Form and term of determination or approval\n\t(1)\tA determination or approval must be in writing.\n\t(2)\tA condition to which a determination or approval is subject must be specified in the determination or approval.\n\t(3)\tA determination or approval has effect for the period specified in the determination or approval.\n\t(4)\tA person on whose application a determination is made or approval given is, for the purposes of these regulations, the holder of the determination or approval.\n176—Variation or revocation of determination or approval on application\n\t(1)\tThe Competent Authority may, on application by the holder of a determination or approval, vary or revoke the determination or approval.\n\t(2)\tAn application for variation or revocation of a determination or approval must be accompanied by the determination or approval.\n177—Grounds for revocation or variation\n\t(1)\tThe Competent Authority may revoke a determination or approval if satisfied that—\n\t(a)\tthe application for the determination or approval did not comply with these regulations or was false or misleading in a material respect; or\n\t(b)\ta relevant change has happened since the determination was made or approval given and, if the change had happened earlier, the determination would not have been made or approval given; or\n\t(c)\tthe holder of the determination or approval is unsuitable to continue to be the holder of the determination or approval because the person has contravened Part 4 of the Act or these regulations or a corresponding law; or\n\t(d)\tother reasonable grounds exist for doing so.\n\t(2)\tThe Competent Authority may vary a determination or approval if satisfied that—\n\t(a)\tthe application for the determination or approval did not comply with these regulations or was false or misleading in a material respect; or\n\t(b)\ta relevant change has happened since the determination was made or approval given and, if the change had happened earlier, the determination would have been made, or the approval would have been given, in the way in which it is proposed to be varied; or\n\t(c)\tthe holder of the determination or approval is unsuitable to continue to be the holder of the determination or approval without variation because the person has contravened Part 4 of the Act or these regulations or a corresponding law; or\n\t(d)\tother reasonable grounds exist for doing so.\n\t(3)\tThe Competent Authority must, before revoking or varying a determination or approval under this regulation, give to the holder of the determination or approval a written notice that—\n\t(a)\tstates what the proposed action is; and\n\t(b)\tif the proposed action is to vary the determination or approval—sets out the proposed variation; and\n\t(c)\tsets out the ground for the proposed action; and\n\t(d)\toutlines the facts and other circumstances forming the basis for the ground; and\n\t(e)\tinvites the holder to state in writing, within a specified period of at least 28 days after the day the notice is given to the holder, why the proposed action should not be taken.\n\t(4)\tNotice is not required under subregulation (3) if, in the opinion of the Competent Authority, the revocation or variation is necessary to avoid, eliminate or minimise a dangerous situation.\nrelevant change means a change about something that the Competent Authority may or must consider in deciding whether to make the determination or give the approval.\n178—Revocation giving effect to court orders\nThe Competent Authority must revoke a determination or approval if the holder is prohibited by court order from involvement in the transport of dangerous goods.\n179—When revocation and variation take effect\n\t(1)\tThe revocation or variation of a determination or approval by the Competent Authority takes effect on—\n\t(a)\tthe day the holder of the determination or approval is given written notice by the Competent Authority of the revocation or variation; or\n\t(b)\ta later day specified in the notice.\n\t(2)\tThe Competent Authority must inform the holder of a determination or approval in writing of the reasons for the revocation or variation.\n180—Application for reconsideration of decision\n\t(1)\tA person directly affected by a decision of the Competent Authority relating to a determination or approval may apply to the Competent Authority for reconsideration of the decision.\n\t(2)\tAn application for reconsideration must be made within—\n\t(a)\t28 days after the day the person was informed of the decision by the Competent Authority; or\n\t(b)\ta longer period allowed by the Competent Authority, either before or after the end of the 28 days.\n\t(3)\tThe application must be in writing and set out the grounds on which reconsideration of the decision is sought.\n\t(4)\tWithin 28 days after receiving the application, the Competent Authority must reconsider the decision, and confirm, revoke or vary the decision.\n\t(5)\tIf the Competent Authority has not reconsidered the decision within that period, the Competent Authority is to be taken to have confirmed the decision.\n\t(6)\tThe Competent Authority must inform the applicant in writing of the result of the reconsideration and of the reasons for the result.\n\t(7)\tA person may apply to the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 for a review in circumstances where an application for reconsideration of a decision may be made under this regulation, subject to an application for reconsideration of the decision having been made and the period allowed for reconsideration having expired before the application for a review is made.\n\t(8)\tAn application for review must be made within 28 days of the applicant receiving notice of the result of the reconsideration or, if the Competent Authority has not reconsidered the decision within the period allowed by this regulation, within 28 days after the expiry of that period.\n\t(9)\tIf the reasons of the Competent Authority are not given in writing at the time of the reconsideration and the person affected by the reconsideration (within 28 days of the reconsideration) requires the Competent Authority to state the reasons in writing, the time for making an application for review runs from the time at which the person receives the written statement of those reasons.\nDivision 2—Exemptions\n181—Applications for exemptions\n\t(1)\tAn application for an exemption (under section 36 of the Act) from Part 4 of the Act or these regulations must—\n\t(a)\tbe made in writing to the Competent Authority; and\n\t(b)\tstate the applicant's name and address; and\n\t(c)\tspecify the provisions of the Act, these regulations or the ADG Code to which it is proposed the exemption relate; and\n\t(d)\tspecify the person, place, vehicles or activities or the class of persons, places, vehicles or activities to which it is proposed the exemption relate; and\n\t(e)\tstate why, in the applicant's opinion, compliance with the provisions is not reasonably practicable; and\n\t(f)\tstate why, in the applicant's opinion, the exemption (subject to compliance with specified conditions, if any) would not result in an increased risk of personal injury, property damage or environmental harm and would not cause unnecessary administrative or enforcement difficulties; and\n\t(g)\tspecify the period for which the exemption is sought; and\n\t(h)\tspecify any conditions to which it is proposed the exemption be subject; and\n\t(i)\tbe signed and dated by or for the applicant; and\n\t(j)\tbe accompanied by the prescribed fee.\n\t(2)\tThe Competent Authority may, by written notice, require the applicant to give to the Authority any additional information necessary for a proper consideration of the application.\n182—Corresponding exemptions\n\t(1)\tThis regulation applies to an exemption granted by a corresponding authority if—\n\t(a)\tthe exemption is granted from compliance with a provision of the law of the other jurisdiction corresponding to a provision (the relevant provision) of these regulations; and\n\t(b)\tthe exemption has effect in the other jurisdiction; and\n\t(c)\tCAP has decided that the exemption should have effect in all participating jurisdictions or participating jurisdictions including this State, and CAP has not reversed the decision.\n\t(2)\tSubject to subregulation (3), the exemption has effect in this State as if it were an exemption from compliance with the relevant provision granted by the Competent Authority.\n\t(3)\tThe exemption will cease to have effect 10 years after the day CAP decided that the exemption should have effect in all participating jurisdictions or participating jurisdictions including this State (if it has not earlier ceased to have effect).\nDivision 3—Relationship with corresponding authorities\n183—References to CAP\n\t(1)\tThe Competent Authority must refer the following matters to CAP:\n\t(a)\t—\n\t(i)\tan application for an exemption under section 36 of the Act; or\n\t(ii)\tan application for a determination or approval under these regulations; or\n\t(iii)\tan approval granted, a determination made or an exemption given by the Competent Authority,\nthat the Authority considers should have effect in another participating jurisdiction;\n\t(b)\tany proposal of the Competent Authority to revoke or vary a determination, approval or exemption having effect in this State and 1 or more other participating jurisdictions.\n\t(2)\tThe Competent Authority must have regard to any decision made by CAP on a matter referred to it under this regulation.\n\t(3)\tThe Competent Authority may refer to CAP any determination, exemption or approval that has been made by a corresponding authority that the Competent Authority considers to be a determination, exemption or approval that should be given effect in all participating jurisdictions, or participating jurisdictions including this jurisdiction, for the purposes of regulations 156, 158 and 169.\n184—Recommendations by Competent Authority\n\t(1)\tThe Competent Authority may recommend, in writing, to a corresponding authority that the authority—\n\t(a)\tcancel, suspend or vary a corresponding dangerous goods driver licence or corresponding dangerous goods vehicle licence; or\n\t(b)\trevoke or vary a corresponding determination, corresponding approval or corresponding exemption.\n\t(2)\tThe Competent Authority must provide written reasons to the corresponding authority for the recommendation.\n185—Recommendations by corresponding authorities\n\t(1)\tIf the Competent Authority receives a recommendation in writing from a corresponding authority that the Authority revoke or vary a determination, approval or exemption, the Competent Authority need not take any action on the recommendation until CAP has considered the recommendation.\n\t(2)\tThe Competent Authority must have regard to any decision made by CAP on the matter.\n\t(3)\tIf the Competent Authority receives a recommendation in writing from a corresponding authority that the Authority cancel, suspend or vary a dangerous goods driver licence or dangerous goods vehicle licence, the Competent Authority must have regard to the recommendation.\nDivision 4—Register\n186—Register\n\t(1)\tThe Competent Authority must keep a register of the following:\n\t(a)\tdangerous goods driver licences;\n\t(b)\tdangerous goods vehicle licences;\n\t(c)\tdeterminations;\n\t(d)\tapprovals;\n\t(e)\texemptions.\n\t(2)\tThe register may—\n\t(a)\tbe part of a central register kept by the Competent Authority with corresponding authorities; and\n\t(b)\thave separate divisions for different kinds of licences, determinations, approvals or exemptions.\n\t(3)\tThe record of a licence in the register must include the following information:\n\t(a)\tthe name of the licensee;\n\t(b)\tthe date the licence was granted or renewed;\n\t(c)\teither—\n\t(i)\tthe period for which the licence was granted or renewed; or\n\t(ii)\tthe expiry date of the licence;\n\t(d)\tfor a dangerous goods driver licence—the licensee's date of birth;\n\t(e)\tfor a dangerous goods vehicle licence—the registration number (if any), make and type of each road vehicle to which the licence relates;\n\t(f)\tany condition to which the licence is subject.\n\t(4)\tThe Competent Authority must note in the register the surrender, cancellation, suspension or variation of a licence.\n\t(5)\tThe record of a determination, approval or exemption in the register must include—\n\t(a)\tthe terms of the determination, approval or exemption; and\n\t(b)\tif the determination, approval or exemption was made on the application of a person—the name of the holder of the determination, approval or exemption; and\n\t(c)\tthe date the determination, approval or exemption was made, given or granted.\n\t(6)\tThe Competent Authority must note in the register the revocation or variation of a determination, approval or exemption.\n187—Inspection of register\n\t(1)\tThe Competent Authority must ensure that the register kept under these regulations is available for inspection by corresponding authorities and the public.\n\t(2)\tThe Competent Authority is taken to comply with subregulation (1) by ensuring that—\n\t(a)\tthere is reasonable access to copies of information in the register; or\n\t(b)\tthe register is kept available for inspection—\n\t(i)\tduring ordinary office hours at the office of the Competent Authority; or\n\t(ii)\tby electronic means.\nDivision 5—Service of notices\n188—Giving of notice\n\t(1)\tA notice required or authorised by these regulations to be given to a person by the Competent Authority or an authorised officer may be given—\n\t(a)\tby delivering it personally to the person or an agent of the person; or\n\t(b)\tby leaving it for the person at the person's place of residence or business with someone apparently over the age of 16 years; or\n\t(c)\tby posting it to the person or agent of the person at the person's or agent's last known place of residence or business.\n\t(2)\tWithout limiting subregulation (1), a notice required or authorised to be given to an applicant under these regulations or to a licensee under the Act may be given—\n\t(a)\tby posting it to the person at the address last provided to the Competent Authority by the person for that purpose; or\n\t(b)\tby transmitting it to the person by fax transmission or email to the fax number or email address last provided to the Competent Authority by the person for that purpose; or\n\t(c)\tin the case of a company or registered body within the meaning of the Corporations Act 2001 of the Commonwealth—in accordance with that Act.\n","sortOrder":22},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"Repeal of Dangerous Substances (Dangerous Goods Transport) Regulations 2008","content":"Schedule 1—Repeal of Dangerous Substances (Dangerous Goods Transport) Regulations 2008\n1—Repeal of regulations\nThe Dangerous Substances (Dangerous Goods Transport) Regulations 2008 are repealed.\nLegislative history\nNotes\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal regulations\nYear\nNo\nReference\nCommencement\nGazette 3.8.2023 p2496 \n3.8.2023: r 2\n","sortOrder":23}],"analysis":{"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text was not accessible. The title suggests a focused regulatory instrument dealing with dangerous goods transport in South Australia, but no content was available to confirm whether scope shifted from the original enabling legislation."},"complexity_factors":["No legislative content was retrievable — the source URL returned a 404 error","Complexity cannot be meaningfully assessed without access to the actual text","Score of 1 reflects absence of content, not simplicity of the underlying law"],"plain_english_summary":"These South Australian regulations set safety and compliance rules for transporting dangerous goods (e.g. flammables, toxins, explosives, compressed gases). They affect businesses and individuals who handle, load, transport or receive such substances in SA, imposing requirements on packaging, labelling, documentation and other measures to reduce risk and protect public safety."},"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"},"kimi_summary":{"_metrics":{"completionTokens":794},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":false,"description":"The regulations appear consistent with their original purpose of implementing the ADG Code for road and rail transport of dangerous goods in South Australia. The 2023 version replaces the 2008 regulations but maintains the same structural approach: licensing, packaging, signage, documentation, and operational requirements. No significant scope expansion is evident — the regulations remain focused on transport safety rather than extending into manufacturing, storage, or other phases of the dangerous goods lifecycle."},"complexity_factors":["Extensive cross-referencing to the ADG Code (Australian Dangerous Goods Code), which is a separate technical document not reproduced in the regulations","47 defined terms in the interpretation section (regulation 4), many themselves referencing external codes","Nested conditional exemptions — for example, regulation 3 contains 6 separate exemption pathways with multiple sub-conditions each","Dual penalty structures throughout: separate maximum penalties for bodies corporate vs individuals, plus expiation fees","15 distinct Parts covering specialised topics (MEGCs, organic peroxides, bulk transfer, nominally empty vessels, etc.)","Mirror duties imposed on multiple parties — same obligation repeated for consignors, packers, loaders, prime contractors, rail operators, and drivers","Incorporation by reference of international standards (ICAO, IMDG, UN Model Regulations, RID, ADR)","Complex licensing regime with 7 Divisions covering grant, renewal, conditions, cancellation, suspension, variation, and mutual recognition","Administrative mechanisms including determinations, approvals, exemptions, and CAP (Competent Authorities Panel) coordination with other jurisdictions","12-month transitional arrangements when ADG Code amendments take effect (regulation 11)"],"plain_english_summary":"These regulations set out the rules for transporting dangerous goods by road and rail in South Australia. They replace the 2008 regulations and work alongside the **Dangerous Substances Act 1979**.\n\n**Who and what is covered**\n- **Dangerous goods** are substances or articles that meet classification criteria in the **Australian Dangerous Goods (ADG) Code** — things like explosives, flammable liquids, toxic chemicals, and radioactive materials.\n- The rules apply to everyone in the transport chain: **consignors** (people sending goods), **packers**, **loaders**, **prime contractors** (road transport businesses), **rail operators**, **drivers**, and **vehicle owners**.\n\n**Key requirements**\n- **Licences**: Special licences are required for drivers and vehicles transporting large quantities (over 500 litres or 500 kilograms) of dangerous goods. Licences can be cancelled or suspended for safety breaches.\n- **Packaging and labelling**: Goods must be packed in approved containers that are properly marked, labelled, and — for large loads — **placarded** (displaying hazard warnings).\n- **Documentation**: Transport papers must be accurate and carried in the vehicle. Emergency information must be available for large loads.\n- **Safety equipment**: Vehicles carrying large loads need fire extinguishers, warning devices, and emergency plans.\n- **Segregation**: Incompatible dangerous goods (like flammables and oxidisers) must be kept apart.\n- **Insurance**: Minimum $5 million coverage required for vehicles carrying **placard loads** (large or high-risk shipments).\n\n**Exemptions and flexibility**\n- Small quantities (under specific thresholds) are exempt.\n- The **Competent Authority** can grant approvals, determinations, and exemptions for unusual situations.\n- Licences and approvals from other states and territories are generally recognised.\n\n**Penalties**\n- Breaches attract fines up to **$25,000 for companies** and **$5,000 for individuals**, with lower **expiation fees** for minor offences."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":false,"description":"These regulations largely replace and modernise the previous 2008 regulations to give the ADG Code effect in South Australian law and to set out detailed duties, offences, approvals and interstate recognition mechanisms. They do not appear to grow the statutory scheme well beyond its original purpose of regulating the safe transport of dangerous goods; rather they update definitions, clarify roles and add administrative mechanisms (determinations, approvals, CAP coordination, and a register). The Competent Authority's discretionary powers (reg 168 and reg 170) and the explicit interstate recognition provisions make the regulatory architecture more administratively flexible and nationally coordinated, but this is an evolution in implementation rather than a substantial expansion of subject‑matter scope."},"complexity_factors":["Extensive cross-reference to the ADG Code and multiple Chapters of that Code (numerous provisions adopt or depend on Chapters 3.4, 3.5, 4.4, 5.2, 5.3, 6, 7, 8, 10, 11, 12, etc.)","Large interpretation section with many defined terms and nested definitions (Division 2 of Part 2 contains dozens of technical definitions: aggregate quantity, placard load, MEGC, IBC, portable tank, etc.)","Multiple licence types and conditional regimes (dangerous goods driver licences, dangerous goods vehicle licences, corresponding licences, suspension/variation/cancellation rules — Part 3, regs 18–45)","Determinations, approvals and exemptions with broad discretionary power and conditionality (reg 168 and Part 15 including CAP interaction — regs 168–185)","Many role‑specific duties allocated across consignor, packer, loader, prime contractor, driver and rail operator, producing near‑duplicative obligations by role (Parts 4–14)","Layered offences and many different penalty levels and expiation fees (corporate vs individual distinctions across dozens of regs)","Interjurisdictional recognition mechanisms (corresponding determinations/approvals/exemptions and CAP procedures — regs 169, 171, 182–185) increasing procedural complexity","Numerous conditional exceptions and quantity thresholds (reg 3 exceptions; placard load thresholds; limited/excepted quantity regimes) creating multiple compliance‑avoidance paths","Approvals can override code provisions (e.g. packaging, segregation, emergency information) producing conditional legal hierarchies (reg 170)","Transitional and amendment treatment for ADG Code changes (12‑month transitional period in reg 11) requiring businesses to track timing of code amendments"],"plain_english_summary":"**What these regulations do (mechanics)\n\n- Put detailed legal rules around the safe transport of \"dangerous goods\" by road and rail in South Australia. They do this largely by incorporating the Australian Code for the Transport of Dangerous Goods by Road and Rail (the ADG Code) and adding state‑level requirements, duties, offences and enforcement (see regs 4–7, 5 and Parts 5–14).\n- Define key terms and thresholds (what counts as dangerous goods, \"placard loads\", \"aggregate quantity\", types of packaging and tanks) and set which goods or movements are excluded from the rules (reg 3; regs 12–17).\n- Create a licensing regime for drivers and vehicles transporting larger consignments of dangerous goods, including application, medical fitness, training/test, licence conditions, renewal, suspension and cancellation (Part 3: regs 18–45).\n- Allocate specific duties and offences (with penalties) to the parties who touch dangerous goods in transport: consignors (shippers), packers, loaders, owners, prime contractors, drivers and rail operators — covering packaging, marking/labelling, placarding, stowage, segregation, vehicle standards, safety equipment, bulk transfer, ullage/filling ratios, documentation and emergency information (Parts 4–13 and Parts 5–12 specifically).\n- Require insurance or approved self‑insurance for operators of vehicles carrying placard loads (minimum cover stated) and permit the Competent Authority to grant approvals, determinations and exemptions, including interstate recognition (regs 46–47; regs 168–182; regs 169, 171, 182).\n- Give the Competent Authority powers to make written determinations and approvals that can classify goods, allow or prohibit transport by route/vehicle/packaging, or set conditions; those decisions can override ADG Code provisions in their application (reg 168 and Note).\n- Require emergency planning, telephone advisory access and provision of assistance and resources in incidents for placard loads (regs 159–161, 160).\n\n**Who is affected (practical list)\n\n- Drivers of vehicles carrying dangerous goods (licences, training, medical checks, on‑vehicle documentation and equipment duties — Part 3, regs 20–25, 128, 134, 91).\n- Vehicle owners and prime contractors (vehicle suitability, insurance, equipment, emergency plans and reporting duties — regs 46–47, 84–90, 159–161, 158).\n- Consignors, packers and loaders (duties to classify, pack, mark, placard, provide documentation and ensure compatibility/segregation — Parts 5–6, 12, 9–11).\n- Manufacturers/owners of tanks, MEGCs, IBCs and other packaging (compliance plates, approvals and maintenance obligations — regs 56–58, 170(3)).\n- Rail operators and related businesses (parallel duties under many provisions, e.g. Part 12 and Parts 9–11).\n- The Competent Authority and corresponding interstate authorities (decision‑making, register keeping, CAP interactions — regs 168–186).\n\n**Why it matters (claimed purpose and practical effects)\n\n- The stated purpose is to translate the ADG Code into enforceable State law and to set clear responsibilities and penalties so transport of hazardous materials is managed safely. The regulations do that by defining duties, minimum insurance, training, packaging and emergency arrangements (see regs 4–7, 46, 48, Parts 5–13).\n- Practical consequences: businesses that ship, pack or transport dangerous goods face compliance costs (training, tests, medicals, equipment, insurance or approvals), administrative duties (records, registers, notices), and potential fines for non‑compliance; emergency services and the regulator gain legal powers to require information, inspections, approvals and to direct responses.\n\n**Testing the claim against costs, incentives and trade‑offs (concrete mechanisms)\n\n- Compliance costs are concentrated on transport industry participants: obtaining driver licences requires medical certificates and recent training/test evidence (reg 20), vehicle licences and inspections can be required (regs 26–27), and placard loads require either a $5,000,000 insurance policy per load‑bearing vehicle or an approval for self‑insurance (reg 46 and reg 170(2)).\n- The regulations create incentives for risk reduction and for moving to smaller consignments to avoid licence/placard thresholds (see size/quantity thresholds in reg 3 and the definition of \"placard load\"). That may change operational choices (more frequent smaller loads, different packaging, alternative routes) with effects on cost and efficiency.\n- Administrative discretion: the Competent Authority may make determinations and approvals that change how particular goods are classified or transported (reg 168). Those powers provide flexibility but also create implementation risk and regulatory discretion — operators must monitor determinations and approvals and may need to seek CAP coordination for interstate effect (regs 169, 171, 183–185).\n- Interjurisdictional alignment reduces duplication where corresponding licences/approvals/determinations from other States/Territories are recognised (regs 42, 169–171, 182). That lowers compliance friction for multi‑state operators but requires engagement with the Competent Authority and CAP processes.\n- Enforcement and penalties are tiered and substantial (many corporate penalties up to $20,000–$25,000 and individual penalties up to $4,000; specific expiation fees are set for summary disposal). That raises the cost of non‑compliance and increases the need for documentation and record retention (see Parts 5, 12, and the schedules of penalties).\n\n**Implementation and operational risks\n\n- Businesses must track frequent cross‑references to the ADG Code and to any determinations/approvals; the regulations incorporate ADG Code changes but provide a 12‑month transitional carve‑out to give industry time to comply when the ADG Code is amended (reg 11).\n- The Competent Authority’s power to approve alternative methods (packaging, segregation, emergency information, or self‑insurance) can reduce costs for compliant operators but requires time and fees to obtain approvals (reg 170).\n\n**Who pays, who decides, what behaviour changes (plain terms)\n\n- Who pays: primarily consignors, prime contractors, vehicle owners and drivers (training, licences, equipment, insurance, record‑keeping, possible approvals). Fines for breaches are payable by the offending body or individual (see the penalty schedules in many regs).\n- Who decides: the Competent Authority (state regulator) issues licences, approvals, determinations and exemptions; some state decisions may be given interstate effect through CAP (regs 168–185).\n- Behaviour changes expected: more formal classification and documentation, investment in approved packaging and vehicle equipment, possible use of alternative logistics (smaller loads, alternate routes, or avoidance of placard thresholds), and development of written emergency plans and telephone advisory arrangements for placard loads (regs 160, 159).\n\n**Bottom line (practical takeaways)\n\n- These regulations convert and enforce the national ADG Code into South Australian law, add state‑level detail on licences, approvals, insurance and offences, and allocate obligations to every participant in the transport chain. Key operational items to watch: licence and training requirements (Part 3), the $5m insurance requirement or approval alternative (reg 46 and reg 170(2)), packaging and compliance plate rules (Part 5), documentation and emergency information (Part 12), and the Competent Authority’s determinations/approvals which can change how particular goods are treated (reg 168)."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/dangerous-substances-dangerous-goods-transport-regulations-2023","history":"/api/acts/dangerous-substances-dangerous-goods-transport-regulations-2023/history","analysis":"/api/acts/dangerous-substances-dangerous-goods-transport-regulations-2023/analysis","conflicts":"/api/acts/dangerous-substances-dangerous-goods-transport-regulations-2023/conflicts","importantCases":"/api/acts/dangerous-substances-dangerous-goods-transport-regulations-2023/important-cases","documents":"/api/acts/dangerous-substances-dangerous-goods-transport-regulations-2023/documents"}}