{"id":"qld:sl-2018-0105","name":"Transport Infrastructure (Dangerous Goods by Rail) Regulation 2018","slug":"transport-infrastructure-dangerous-goods-by-rail-regulation-2018","collection":"regulation","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"105 of 2018","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174819,"registerId":"qld-qld:sl-2018-0105-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"pt.1-div.1","sectionType":"division","heading":"Introductory and application","content":"## Introductory and application","sortOrder":1},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis regulation may be cited as the Transport Infrastructure (Dangerous Goods by Rail) Regulation 2018 .","sortOrder":2},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis regulation commences on 31 August 2018.","sortOrder":3},{"sectionNumber":"sec.3","sectionType":"section","heading":"Main purposes of this regulation","content":"### sec.3 Main purposes of this regulation\n\nThe main purposes of this regulation are—\nto prescribe the obligations of persons involved in the transport of dangerous goods by rail; and\nto reduce as far as practicable the risks arising from the transport of dangerous goods by rail; and\nto give effect to the standards, requirements and procedures of the ADG Code as far as they apply to the transport of dangerous goods by rail; and\nto promote consistency between the standards, requirements and procedures applying to the transport of dangerous goods by rail and those applying to other modes of transport.\nIn this section—\nobligation includes duty and requirement.\n(sec.3-ssec.1) The main purposes of this regulation are— to prescribe the obligations of persons involved in the transport of dangerous goods by rail; and to reduce as far as practicable the risks arising from the transport of dangerous goods by rail; and to give effect to the standards, requirements and procedures of the ADG Code as far as they apply to the transport of dangerous goods by rail; and to promote consistency between the standards, requirements and procedures applying to the transport of dangerous goods by rail and those applying to other modes of transport.\n(sec.3-ssec.2) In this section— obligation includes duty and requirement.\n- (a) to prescribe the obligations of persons involved in the transport of dangerous goods by rail; and\n- (b) to reduce as far as practicable the risks arising from the transport of dangerous goods by rail; and\n- (c) to give effect to the standards, requirements and procedures of the ADG Code as far as they apply to the transport of dangerous goods by rail; and\n- (d) to promote consistency between the standards, requirements and procedures applying to the transport of dangerous goods by rail and those applying to other modes of transport.","sortOrder":4},{"sectionNumber":"sec.4","sectionType":"section","heading":"Prescribed exempt transport— Act , s 441A","content":"### sec.4 Prescribed exempt transport— Act , s 441A\n\nFor section 441A of the Act , definition prescribed exempt transport , each of the following is exempt from the application of chapter 14 of the Act —\nthe transport of the following except if transported with other dangerous goods—\nradioactive substances under the Radiation Safety Act 1999 ;\nexplosives under the Explosives Act 1999 ;\nthe transport of a load of dangerous goods if—\nthe dangerous goods are not, and do not include, infectious substances of UN division 6.2 ; and\nthe total quantity of each type of dangerous goods in the load is no more than the quantity stated in section 1.1.1.2 , note (3)(a), table 1.1.1.2 of the ADG Code for that type;\nthe transport by a person of a load of dangerous goods by rail if—\nthe load does not contain dangerous goods—\nin a receptacle with a capacity that is more than 500L; or\nin a receptacle if the quantity of dangerous goods in the receptacle is more than 500kg; and\nthe goods are not, and do not include, dangerous goods of UN class 1 (explosives), other than—\ndangerous goods of UN division 1.4S ; and\ntrack signals carried in a unit of rolling stock for the safety of persons working in rail transport; and\nthe goods are not, and do not include, dangerous goods of category A of UN division 6.2 (infectious substances); and\nthe goods are not, and do not include, dangerous goods of UN class 7 (radioactive material); and\nthe aggregate quantity of the dangerous goods in the load, calculated in the way provided for under schedule 3 , definition aggregate quantity , is less than 25% of a load of dangerous goods that, under section 78 , is required to be placarded; and\nthe goods are not being transported by the person in the course of a business of transporting goods by rail;\nthe transport of dangerous goods by rail to the extent the goods are transported by, or under the direction of, an authorised person or relevant emergency service officer to prevent a dangerous situation;\nthe transport of dangerous goods in a rail vehicle if—\nthe dangerous goods are in packaging that is—\ndesigned for, and forming part of, the fuel or electrical system of the rail vehicle’s propulsion engine or auxiliary engine; or\npart of, and necessary for, the operation of an appliance, plant or refrigeration system forming part of or attached to the rail vehicle; or\nthe dangerous goods are in equipment carried in, fitted to or installed in the rail vehicle and designed for the safety or protection of an occupant of the rail vehicle, the rail vehicle or its load, including, for example, a fire extinguisher or self-contained breathing apparatus.\nIn this section—\ntype , of dangerous goods, means a class or division of dangerous goods provided for in the ADG Code.\ns 4 sub 2019 Act No. 25 s 20\n(sec.4-ssec.1) For section 441A of the Act , definition prescribed exempt transport , each of the following is exempt from the application of chapter 14 of the Act — the transport of the following except if transported with other dangerous goods— radioactive substances under the Radiation Safety Act 1999 ; explosives under the Explosives Act 1999 ; the transport of a load of dangerous goods if— the dangerous goods are not, and do not include, infectious substances of UN division 6.2 ; and the total quantity of each type of dangerous goods in the load is no more than the quantity stated in section 1.1.1.2 , note (3)(a), table 1.1.1.2 of the ADG Code for that type; the transport by a person of a load of dangerous goods by rail if— the load does not contain dangerous goods— in a receptacle with a capacity that is more than 500L; or in a receptacle if the quantity of dangerous goods in the receptacle is more than 500kg; and the goods are not, and do not include, dangerous goods of UN class 1 (explosives), other than— dangerous goods of UN division 1.4S ; and track signals carried in a unit of rolling stock for the safety of persons working in rail transport; and the goods are not, and do not include, dangerous goods of category A of UN division 6.2 (infectious substances); and the goods are not, and do not include, dangerous goods of UN class 7 (radioactive material); and the aggregate quantity of the dangerous goods in the load, calculated in the way provided for under schedule 3 , definition aggregate quantity , is less than 25% of a load of dangerous goods that, under section 78 , is required to be placarded; and the goods are not being transported by the person in the course of a business of transporting goods by rail; the transport of dangerous goods by rail to the extent the goods are transported by, or under the direction of, an authorised person or relevant emergency service officer to prevent a dangerous situation; the transport of dangerous goods in a rail vehicle if— the dangerous goods are in packaging that is— designed for, and forming part of, the fuel or electrical system of the rail vehicle’s propulsion engine or auxiliary engine; or part of, and necessary for, the operation of an appliance, plant or refrigeration system forming part of or attached to the rail vehicle; or the dangerous goods are in equipment carried in, fitted to or installed in the rail vehicle and designed for the safety or protection of an occupant of the rail vehicle, the rail vehicle or its load, including, for example, a fire extinguisher or self-contained breathing apparatus.\n(sec.4-ssec.2) In this section— type , of dangerous goods, means a class or division of dangerous goods provided for in the ADG Code.\n- (a) the transport of the following except if transported with other dangerous goods— (i) radioactive substances under the Radiation Safety Act 1999 ; (ii) explosives under the Explosives Act 1999 ;\n- (i) radioactive substances under the Radiation Safety Act 1999 ;\n- (ii) explosives under the Explosives Act 1999 ;\n- (b) the transport of a load of dangerous goods if— (i) the dangerous goods are not, and do not include, infectious substances of UN division 6.2 ; and (ii) the total quantity of each type of dangerous goods in the load is no more than the quantity stated in section 1.1.1.2 , note (3)(a), table 1.1.1.2 of the ADG Code for that type;\n- (i) the dangerous goods are not, and do not include, infectious substances of UN division 6.2 ; and\n- (ii) the total quantity of each type of dangerous goods in the load is no more than the quantity stated in section 1.1.1.2 , note (3)(a), table 1.1.1.2 of the ADG Code for that type;\n- (c) the transport by a person of a load of dangerous goods by rail if— (i) the load does not contain dangerous goods— (A) in a receptacle with a capacity that is more than 500L; or (B) in a receptacle if the quantity of dangerous goods in the receptacle is more than 500kg; and (ii) the goods are not, and do not include, dangerous goods of UN class 1 (explosives), other than— (A) dangerous goods of UN division 1.4S ; and (B) track signals carried in a unit of rolling stock for the safety of persons working in rail transport; and (iii) the goods are not, and do not include, dangerous goods of category A of UN division 6.2 (infectious substances); and (iv) the goods are not, and do not include, dangerous goods of UN class 7 (radioactive material); and (v) the aggregate quantity of the dangerous goods in the load, calculated in the way provided for under schedule 3 , definition aggregate quantity , is less than 25% of a load of dangerous goods that, under section 78 , is required to be placarded; and (vi) the goods are not being transported by the person in the course of a business of transporting goods by rail;\n- (i) the load does not contain dangerous goods— (A) in a receptacle with a capacity that is more than 500L; or (B) in a receptacle if the quantity of dangerous goods in the receptacle is more than 500kg; and\n- (A) in a receptacle with a capacity that is more than 500L; or\n- (B) in a receptacle if the quantity of dangerous goods in the receptacle is more than 500kg; and\n- (ii) the goods are not, and do not include, dangerous goods of UN class 1 (explosives), other than— (A) dangerous goods of UN division 1.4S ; and (B) track signals carried in a unit of rolling stock for the safety of persons working in rail transport; and\n- (A) dangerous goods of UN division 1.4S ; and\n- (B) track signals carried in a unit of rolling stock for the safety of persons working in rail transport; and\n- (iii) the goods are not, and do not include, dangerous goods of category A of UN division 6.2 (infectious substances); and\n- (iv) the goods are not, and do not include, dangerous goods of UN class 7 (radioactive material); and\n- (v) the aggregate quantity of the dangerous goods in the load, calculated in the way provided for under schedule 3 , definition aggregate quantity , is less than 25% of a load of dangerous goods that, under section 78 , is required to be placarded; and\n- (vi) the goods are not being transported by the person in the course of a business of transporting goods by rail;\n- (d) the transport of dangerous goods by rail to the extent the goods are transported by, or under the direction of, an authorised person or relevant emergency service officer to prevent a dangerous situation;\n- (e) the transport of dangerous goods in a rail vehicle if— (i) the dangerous goods are in packaging that is— (A) designed for, and forming part of, the fuel or electrical system of the rail vehicle’s propulsion engine or auxiliary engine; or (B) part of, and necessary for, the operation of an appliance, plant or refrigeration system forming part of or attached to the rail vehicle; or (ii) the dangerous goods are in equipment carried in, fitted to or installed in the rail vehicle and designed for the safety or protection of an occupant of the rail vehicle, the rail vehicle or its load, including, for example, a fire extinguisher or self-contained breathing apparatus.\n- (i) the dangerous goods are in packaging that is— (A) designed for, and forming part of, the fuel or electrical system of the rail vehicle’s propulsion engine or auxiliary engine; or (B) part of, and necessary for, the operation of an appliance, plant or refrigeration system forming part of or attached to the rail vehicle; or\n- (A) designed for, and forming part of, the fuel or electrical system of the rail vehicle’s propulsion engine or auxiliary engine; or\n- (B) part of, and necessary for, the operation of an appliance, plant or refrigeration system forming part of or attached to the rail vehicle; or\n- (ii) the dangerous goods are in equipment carried in, fitted to or installed in the rail vehicle and designed for the safety or protection of an occupant of the rail vehicle, the rail vehicle or its load, including, for example, a fire extinguisher or self-contained breathing apparatus.\n- (i) radioactive substances under the Radiation Safety Act 1999 ;\n- (ii) explosives under the Explosives Act 1999 ;\n- (i) the dangerous goods are not, and do not include, infectious substances of UN division 6.2 ; and\n- (ii) the total quantity of each type of dangerous goods in the load is no more than the quantity stated in section 1.1.1.2 , note (3)(a), table 1.1.1.2 of the ADG Code for that type;\n- (i) the load does not contain dangerous goods— (A) in a receptacle with a capacity that is more than 500L; or (B) in a receptacle if the quantity of dangerous goods in the receptacle is more than 500kg; and\n- (A) in a receptacle with a capacity that is more than 500L; or\n- (B) in a receptacle if the quantity of dangerous goods in the receptacle is more than 500kg; and\n- (ii) the goods are not, and do not include, dangerous goods of UN class 1 (explosives), other than— (A) dangerous goods of UN division 1.4S ; and (B) track signals carried in a unit of rolling stock for the safety of persons working in rail transport; and\n- (A) dangerous goods of UN division 1.4S ; and\n- (B) track signals carried in a unit of rolling stock for the safety of persons working in rail transport; and\n- (iii) the goods are not, and do not include, dangerous goods of category A of UN division 6.2 (infectious substances); and\n- (iv) the goods are not, and do not include, dangerous goods of UN class 7 (radioactive material); and\n- (v) the aggregate quantity of the dangerous goods in the load, calculated in the way provided for under schedule 3 , definition aggregate quantity , is less than 25% of a load of dangerous goods that, under section 78 , is required to be placarded; and\n- (vi) the goods are not being transported by the person in the course of a business of transporting goods by rail;\n- (A) in a receptacle with a capacity that is more than 500L; or\n- (B) in a receptacle if the quantity of dangerous goods in the receptacle is more than 500kg; and\n- (A) dangerous goods of UN division 1.4S ; and\n- (B) track signals carried in a unit of rolling stock for the safety of persons working in rail transport; and\n- (i) the dangerous goods are in packaging that is— (A) designed for, and forming part of, the fuel or electrical system of the rail vehicle’s propulsion engine or auxiliary engine; or (B) part of, and necessary for, the operation of an appliance, plant or refrigeration system forming part of or attached to the rail vehicle; or\n- (A) designed for, and forming part of, the fuel or electrical system of the rail vehicle’s propulsion engine or auxiliary engine; or\n- (B) part of, and necessary for, the operation of an appliance, plant or refrigeration system forming part of or attached to the rail vehicle; or\n- (ii) the dangerous goods are in equipment carried in, fitted to or installed in the rail vehicle and designed for the safety or protection of an occupant of the rail vehicle, the rail vehicle or its load, including, for example, a fire extinguisher or self-contained breathing apparatus.\n- (A) designed for, and forming part of, the fuel or electrical system of the rail vehicle’s propulsion engine or auxiliary engine; or\n- (B) part of, and necessary for, the operation of an appliance, plant or refrigeration system forming part of or attached to the rail vehicle; or","sortOrder":5},{"sectionNumber":"sec.5","sectionType":"section","heading":"Special provisions for tools of trade and dangerous goods for private use","content":"### sec.5 Special provisions for tools of trade and dangerous goods for private use\n\nThis section applies in relation to dangerous goods that—\nare not transported in the course of a business of transporting goods but are transported by a person who intends to use them, or so they may be used, for a commercial purpose; and\nare transported as part of a load that includes—\nan aggregate quantity of dangerous goods of less than 500 but does not include dangerous goods of UN division 2.1 (other than aerosols), UN division 2.3 or packing group I; or\nan aggregate quantity of dangerous goods of less than 250 that includes dangerous goods of UN division 2.1 (other than aerosols), UN division 2.3 or packing group I, provided that the dangerous goods of UN division 2.3 and packing group I together make up less than 100 of the aggregate quantity.\nAn aggregate quantity in relation to a load containing dangerous goods mentioned in subsection (1) (b) is worked out in the way provided for under schedule 3 , definition aggregate quantity .\nThis regulation, other than subsections (3) to (5) , does not apply to the transport of the dangerous goods.\nA person must not transport the dangerous goods unless each package in the load including the goods—\ncomplies with the packaging requirements appropriate to the quantity of dangerous goods under part 4 ; and\nis marked and labelled as required under part 5 , division 1 ; and\nis loaded, secured, segregated, unloaded and otherwise transported in a way that ensures—\nits packaging remains fit for its purpose; and\nrisks are eliminated or, if it is not practicable to eliminate risks, are minimised to the greatest practicable extent.\nMaximum penalty—40 penalty units.\nIf the load contains dangerous goods of UN class 3, 4, 5 or 6 that together make up more than 250 of the aggregate quantity of dangerous goods in the load, a person must not transport the load—\nin the passenger compartment of a vehicle; or\nin an enclosed space that is not separated from the passenger compartment of a vehicle.\nMaximum penalty—40 penalty units.\nIf the load contains dangerous goods of UN division 2.1 , UN division 2.3 or packing group I that together make up more than 50 of the aggregate quantity of dangerous goods in the load, a person must not transport the load—\nin the passenger compartment of a vehicle; or\nin another enclosed space in the vehicle.\nMaximum penalty—40 penalty units.\n(sec.5-ssec.1) This section applies in relation to dangerous goods that— are not transported in the course of a business of transporting goods but are transported by a person who intends to use them, or so they may be used, for a commercial purpose; and are transported as part of a load that includes— an aggregate quantity of dangerous goods of less than 500 but does not include dangerous goods of UN division 2.1 (other than aerosols), UN division 2.3 or packing group I; or an aggregate quantity of dangerous goods of less than 250 that includes dangerous goods of UN division 2.1 (other than aerosols), UN division 2.3 or packing group I, provided that the dangerous goods of UN division 2.3 and packing group I together make up less than 100 of the aggregate quantity. An aggregate quantity in relation to a load containing dangerous goods mentioned in subsection (1) (b) is worked out in the way provided for under schedule 3 , definition aggregate quantity .\n(sec.5-ssec.2) This regulation, other than subsections (3) to (5) , does not apply to the transport of the dangerous goods.\n(sec.5-ssec.3) A person must not transport the dangerous goods unless each package in the load including the goods— complies with the packaging requirements appropriate to the quantity of dangerous goods under part 4 ; and is marked and labelled as required under part 5 , division 1 ; and is loaded, secured, segregated, unloaded and otherwise transported in a way that ensures— its packaging remains fit for its purpose; and risks are eliminated or, if it is not practicable to eliminate risks, are minimised to the greatest practicable extent. Maximum penalty—40 penalty units.\n(sec.5-ssec.4) If the load contains dangerous goods of UN class 3, 4, 5 or 6 that together make up more than 250 of the aggregate quantity of dangerous goods in the load, a person must not transport the load— in the passenger compartment of a vehicle; or in an enclosed space that is not separated from the passenger compartment of a vehicle. Maximum penalty—40 penalty units.\n(sec.5-ssec.5) If the load contains dangerous goods of UN division 2.1 , UN division 2.3 or packing group I that together make up more than 50 of the aggregate quantity of dangerous goods in the load, a person must not transport the load— in the passenger compartment of a vehicle; or in another enclosed space in the vehicle. Maximum penalty—40 penalty units.\n- (a) are not transported in the course of a business of transporting goods but are transported by a person who intends to use them, or so they may be used, for a commercial purpose; and\n- (b) are transported as part of a load that includes— (i) an aggregate quantity of dangerous goods of less than 500 but does not include dangerous goods of UN division 2.1 (other than aerosols), UN division 2.3 or packing group I; or (ii) an aggregate quantity of dangerous goods of less than 250 that includes dangerous goods of UN division 2.1 (other than aerosols), UN division 2.3 or packing group I, provided that the dangerous goods of UN division 2.3 and packing group I together make up less than 100 of the aggregate quantity. Note— An aggregate quantity in relation to a load containing dangerous goods mentioned in subsection (1) (b) is worked out in the way provided for under schedule 3 , definition aggregate quantity .\n- (i) an aggregate quantity of dangerous goods of less than 500 but does not include dangerous goods of UN division 2.1 (other than aerosols), UN division 2.3 or packing group I; or\n- (ii) an aggregate quantity of dangerous goods of less than 250 that includes dangerous goods of UN division 2.1 (other than aerosols), UN division 2.3 or packing group I, provided that the dangerous goods of UN division 2.3 and packing group I together make up less than 100 of the aggregate quantity.\n- (i) an aggregate quantity of dangerous goods of less than 500 but does not include dangerous goods of UN division 2.1 (other than aerosols), UN division 2.3 or packing group I; or\n- (ii) an aggregate quantity of dangerous goods of less than 250 that includes dangerous goods of UN division 2.1 (other than aerosols), UN division 2.3 or packing group I, provided that the dangerous goods of UN division 2.3 and packing group I together make up less than 100 of the aggregate quantity.\n- (a) complies with the packaging requirements appropriate to the quantity of dangerous goods under part 4 ; and\n- (b) is marked and labelled as required under part 5 , division 1 ; and\n- (c) is loaded, secured, segregated, unloaded and otherwise transported in a way that ensures— (i) its packaging remains fit for its purpose; and (ii) risks are eliminated or, if it is not practicable to eliminate risks, are minimised to the greatest practicable extent.\n- (i) its packaging remains fit for its purpose; and\n- (ii) risks are eliminated or, if it is not practicable to eliminate risks, are minimised to the greatest practicable extent.\n- (i) its packaging remains fit for its purpose; and\n- (ii) risks are eliminated or, if it is not practicable to eliminate risks, are minimised to the greatest practicable extent.\n- (a) in the passenger compartment of a vehicle; or\n- (b) in an enclosed space that is not separated from the passenger compartment of a vehicle.\n- (a) in the passenger compartment of a vehicle; or\n- (b) in another enclosed space in the vehicle.","sortOrder":6},{"sectionNumber":"pt.1-div.2","sectionType":"division","heading":"Interpretation","content":"## Interpretation","sortOrder":7},{"sectionNumber":"sec.6","sectionType":"section","heading":"Definitions","content":"### sec.6 Definitions\n\nThe dictionary in schedule 3 defines particular words used in this regulation.","sortOrder":8},{"sectionNumber":"sec.7","sectionType":"section","heading":"Applying ADG Code to this regulation","content":"### sec.7 Applying ADG Code to this regulation\n\nFor applying the ADG Code to this regulation, a reference in the code to competent authority in relation to the State is taken, if the context permits, to be a reference to the chief executive.","sortOrder":9},{"sectionNumber":"sec.8","sectionType":"section","heading":"References to codes, standards and rules","content":"### sec.8 References to codes, standards and rules\n\nIn this regulation, a reference to an instrument includes a reference to another instrument as applied or adopted by, or incorporated in, the first instrument.\nIn this section—\ninstrument means a code, standard or rule, whether made in or outside Australia, relating to dangerous goods or transport by road or rail, and includes a provision of an instrument.\n(sec.8-ssec.1) In this regulation, a reference to an instrument includes a reference to another instrument as applied or adopted by, or incorporated in, the first instrument.\n(sec.8-ssec.2) In this section— instrument means a code, standard or rule, whether made in or outside Australia, relating to dangerous goods or transport by road or rail, and includes a provision of an instrument.","sortOrder":10},{"sectionNumber":"sec.9","sectionType":"section","heading":"Inconsistency between regulation and other instruments","content":"### sec.9 Inconsistency between regulation and other instruments\n\nThis section applies if—\nthis regulation applies, adopts or incorporates an instrument; and\nthere is an inconsistency between a provision of this regulation and the instrument as applied, adopted or incorporated.\nThe provision of this regulation prevails to the extent of the inconsistency.\nDespite subsection (2) , if a provision of the instrument uses a term that is defined in both the instrument and in this regulation, the provision must be interpreted as if the term had the meaning stated in the instrument, unless the contrary intention appears.\nIn this section—\ninstrument means a code, standard or rule, whether made in or outside Australia, relating to dangerous goods or transport by rail.\n(sec.9-ssec.1) This section applies if— this regulation applies, adopts or incorporates an instrument; and there is an inconsistency between a provision of this regulation and the instrument as applied, adopted or incorporated.\n(sec.9-ssec.2) The provision of this regulation prevails to the extent of the inconsistency.\n(sec.9-ssec.3) Despite subsection (2) , if a provision of the instrument uses a term that is defined in both the instrument and in this regulation, the provision must be interpreted as if the term had the meaning stated in the instrument, unless the contrary intention appears.\n(sec.9-ssec.4) In this section— instrument means a code, standard or rule, whether made in or outside Australia, relating to dangerous goods or transport by rail.\n- (a) this regulation applies, adopts or incorporates an instrument; and\n- (b) there is an inconsistency between a provision of this regulation and the instrument as applied, adopted or incorporated.","sortOrder":11},{"sectionNumber":"sec.10","sectionType":"section","heading":"References to determinations, exemptions or approvals","content":"### sec.10 References to determinations, exemptions or approvals\n\nIn this regulation, a reference to—\na determination, exemption or approval; or\na corresponding determination, corresponding exemption or corresponding approval;\nincludes a reference to the determination, exemption or approval as amended.\n- (a) a determination, exemption or approval; or\n- (b) a corresponding determination, corresponding exemption or corresponding approval;","sortOrder":12},{"sectionNumber":"sec.11","sectionType":"section","heading":"References to amendment of particular instruments","content":"### sec.11 References to amendment of particular instruments\n\nIn this regulation, a reference to an amendment of—\na determination, exemption or approval; or\na corresponding determination, corresponding exemption or corresponding approval;\nincludes a reference to an amendment by addition, omission or substitution.\nthe addition of a new condition to an existing administrative determination\n- (a) a determination, exemption or approval; or\n- (b) a corresponding determination, corresponding exemption or corresponding approval;","sortOrder":13},{"sectionNumber":"sec.12","sectionType":"section","heading":"References to load","content":"### sec.12 References to load\n\nFor this regulation, all the goods in or on a cargo transport unit being transported on a rail vehicle are a single load, even if the vehicle is transporting more than 1 cargo transport unit.","sortOrder":14},{"sectionNumber":"sec.13","sectionType":"section","heading":"Meaning of bulk container","content":"### sec.13 Meaning of bulk container\n\nA bulk container is a system for containing solid substances, including any liner or coating, that—\nis designed for transporting solid substances which are in direct contact with the system; and\nis of a permanent character suitable for repeated use; and\nis 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 one mode to another; and\nis fitted with devices that permit ready handling; and\nhas a capacity of not less than 1m ³ .\nfreight containers, offshore bulk containers, skips, bulk bins, swap bodies, trough-shaped containers, roller containers, load compartments of vehicles and flexible containers\nHowever, an IBC, large packaging or a portable tank is not a bulk container.\ns 13 sub 2023 SL No. 24 s 10\n(sec.13-ssec.1) A bulk container is a system for containing solid substances, including any liner or coating, that— is designed for transporting solid substances which are in direct contact with the system; and is of a permanent character suitable for repeated use; and is 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 one mode to another; and is fitted with devices that permit ready handling; and has a capacity of not less than 1m ³ . freight containers, offshore bulk containers, skips, bulk bins, swap bodies, trough-shaped containers, roller containers, load compartments of vehicles and flexible containers\n(sec.13-ssec.2) However, an IBC, large packaging or a portable tank is not a bulk container.\n- (a) is designed for transporting solid substances which are in direct contact with the system; and\n- (b) is of a permanent character suitable for repeated use; and\n- (c) is 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 one mode to another; and\n- (d) is fitted with devices that permit ready handling; and\n- (e) has a capacity of not less than 1m ³ . Examples of bulk containers— freight containers, offshore bulk containers, skips, bulk bins, swap bodies, trough-shaped containers, roller containers, load compartments of vehicles and flexible containers","sortOrder":15},{"sectionNumber":"sec.14","sectionType":"section","heading":"Meaning of intermediate bulk container","content":"### sec.14 Meaning of intermediate bulk container\n\nIntermediate bulk container means a rigid or flexible portable packaging for the transport of dangerous goods that complies with the requirements of chapter 6.5 of the ADG Code and that—\nhas a capacity of not more than—\nfor solids of packing group I packed in a composite, fibreboard, flexible, wooden, or rigid plastics container—1,500L; or\nfor solids of packing group I packed in a metal container—3,000L; or\nfor solids or liquids of packing groups II and III—3,000L; and\nis designed for mechanical handling.\nHowever, rigid or flexible portable packaging complying with the requirements of chapter 6.1 , 6.3 or 6.6 of the ADG Code is not an intermediate bulk container.\n(sec.14-ssec.1) Intermediate bulk container means a rigid or flexible portable packaging for the transport of dangerous goods that complies with the requirements of chapter 6.5 of the ADG Code and that— has a capacity of not more than— for solids of packing group I packed in a composite, fibreboard, flexible, wooden, or rigid plastics container—1,500L; or for solids of packing group I packed in a metal container—3,000L; or for solids or liquids of packing groups II and III—3,000L; and is designed for mechanical handling.\n(sec.14-ssec.2) However, rigid or flexible portable packaging complying with the requirements of chapter 6.1 , 6.3 or 6.6 of the ADG Code is not an intermediate bulk container.\n- (a) has a capacity of not more than— (i) for solids of packing group I packed in a composite, fibreboard, flexible, wooden, or rigid plastics container—1,500L; or (ii) for solids of packing group I packed in a metal container—3,000L; or (iii) for solids or liquids of packing groups II and III—3,000L; and\n- (i) for solids of packing group I packed in a composite, fibreboard, flexible, wooden, or rigid plastics container—1,500L; or\n- (ii) for solids of packing group I packed in a metal container—3,000L; or\n- (iii) for solids or liquids of packing groups II and III—3,000L; and\n- (b) is designed for mechanical handling.\n- (i) for solids of packing group I packed in a composite, fibreboard, flexible, wooden, or rigid plastics container—1,500L; or\n- (ii) for solids of packing group I packed in a metal container—3,000L; or\n- (iii) for solids or liquids of packing groups II and III—3,000L; and","sortOrder":16},{"sectionNumber":"sec.15","sectionType":"section","heading":"Meaning of multiple-element gas container","content":"### sec.15 Meaning of multiple-element gas container\n\nMultiple-element gas container means—\nmultimodal assemblies of cylinders, tubes or bundles of cylinders that are interconnected by a manifold and assembled within a framework; and\nservice equipment or structural equipment necessary for the transport of gases in the cylinders or tubes.\n- (a) multimodal assemblies of cylinders, tubes or bundles of cylinders that are interconnected by a manifold and assembled within a framework; and\n- (b) service equipment or structural equipment necessary for the transport of gases in the cylinders or tubes.","sortOrder":17},{"sectionNumber":"sec.16","sectionType":"section","heading":"References to tank","content":"### sec.16 References to tank\n\nUnless the context otherwise requires, a reference in this regulation to a tank is a reference to a portable tank, a rail tank wagon, or a receptacle used to contain a solid, liquid or gas.\nHowever, a reference to a tank includes an item mentioned in subsection (1) that is used to transport a gas only if the item has a capacity of not less than 450L.\nIn this section—\ngas has the meaning given by section 2.2.1.1 of the ADG Code.\ns 16 sub 2023 SL No. 24 s 11\n(sec.16-ssec.1) Unless the context otherwise requires, a reference in this regulation to a tank is a reference to a portable tank, a rail tank wagon, or a receptacle used to contain a solid, liquid or gas.\n(sec.16-ssec.2) However, a reference to a tank includes an item mentioned in subsection (1) that is used to transport a gas only if the item has a capacity of not less than 450L.\n(sec.16-ssec.3) In this section— gas has the meaning given by section 2.2.1.1 of the ADG Code.","sortOrder":18},{"sectionNumber":"sec.17","sectionType":"section","heading":"When dangerous goods are packed in limited quantities","content":"### sec.17 When dangerous goods are packed in limited quantities\n\nDangerous goods are packed in limited quantities if—\nthe goods are packed in accordance with chapter 3.4 of the ADG Code; and\nthe quantity of dangerous goods in each inner packaging or in each article is not more than the quantity stated, or referred to, in column 7a of the dangerous goods list for the goods.\n- (a) the goods are packed in accordance with chapter 3.4 of the ADG Code; and\n- (b) the quantity of dangerous goods in each inner packaging or in each article is not more than the quantity stated, or referred to, in column 7a of the dangerous goods list for the goods.","sortOrder":19},{"sectionNumber":"sec.17A","sectionType":"section","heading":"When dangerous goods are packed in excepted quantities","content":"### sec.17A When dangerous goods are packed in excepted quantities\n\nDangerous goods are packed in excepted quantities if—\nthe goods are assigned to code E1, E2, E3, E4 or E5 in column 7b of the dangerous goods list; and\nthe goods are packed in accordance with chapter 3.5 of the ADG Code; and\nthe quantity of dangerous goods does not exceed the quantity specified in section 3.5.1.2 of the ADG Code.\ns 17A ins 2020 SL No. 220 s 6\n- (a) the goods are assigned to code E1, E2, E3, E4 or E5 in column 7b of the dangerous goods list; and\n- (b) the goods are packed in accordance with chapter 3.5 of the ADG Code; and\n- (c) the quantity of dangerous goods does not exceed the quantity specified in section 3.5.1.2 of the ADG Code.","sortOrder":20},{"sectionNumber":"pt.1-div.3","sectionType":"division","heading":"Instruction and training","content":"## Instruction and training","sortOrder":21},{"sectionNumber":"sec.18","sectionType":"section","heading":"Instruction and training","content":"### sec.18 Instruction and training\n\nThis section applies in relation to a task involved in the transport of dangerous goods, including the following—\npacking dangerous goods;\nconsigning dangerous goods;\nloading dangerous goods;\nunloading dangerous goods;\nhandling a fumigated cargo transport unit;\nmarking a package containing dangerous goods;\nplacarding a placard load;\npreparing transport documentation;\nmaintaining rail vehicles and equipment used in the transport of dangerous goods;\ndriving a rail vehicle transporting dangerous goods;\nbeing the consignee of dangerous goods;\nfollowing the procedures required under part 14 in a dangerous situation.\nA person who is responsible for managing or controlling the task must not employ, engage or permit someone else (the worker ) to perform the task unless the worker—\nhas received instruction, and has satisfactorily finished training, specific to the task; or\nis—\nreceiving instruction and training specific to the task; and\nappropriately supervised in doing the task by a person who has received instruction, and has satisfactorily finished training, specific to the task;\nto enable the worker to do the task safely and in compliance with this regulation.\nMaximum penalty—40 penalty units.\nA person must not manage, control or supervise the task unless the person has received instruction, and has satisfactorily finished training, specific to the task to enable the person to manage, control or supervise someone else to perform the task safely and in compliance with this regulation.\nMaximum penalty—40 penalty units.\nSubsection (5) applies if a person responsible for managing or controlling the task claims that—\na person employed, engaged or permitted to do the task; or\na person who supervised a person employed, engaged or permitted to do the task;\nhas received instruction, and has satisfactorily finished training, specific to the task.\nThe chief executive may give the person responsible for managing or controlling the task a written notice asking the person, within 14 days after receiving the notice, to give the chief executive written evidence of the instruction and the satisfactory finishing of the training.\nA person given a notice under subsection (5) must comply with the notice, unless the person has a reasonable excuse.\nMaximum penalty—15 penalty units.\n(sec.18-ssec.1) This section applies in relation to a task involved in the transport of dangerous goods, including the following— packing dangerous goods; consigning dangerous goods; loading dangerous goods; unloading dangerous goods; handling a fumigated cargo transport unit; marking a package containing dangerous goods; placarding a placard load; preparing transport documentation; maintaining rail vehicles and equipment used in the transport of dangerous goods; driving a rail vehicle transporting dangerous goods; being the consignee of dangerous goods; following the procedures required under part 14 in a dangerous situation.\n(sec.18-ssec.2) A person who is responsible for managing or controlling the task must not employ, engage or permit someone else (the worker ) to perform the task unless the worker— has received instruction, and has satisfactorily finished training, specific to the task; or is— receiving instruction and training specific to the task; and appropriately supervised in doing the task by a person who has received instruction, and has satisfactorily finished training, specific to the task; to enable the worker to do the task safely and in compliance with this regulation. Maximum penalty—40 penalty units.\n(sec.18-ssec.3) A person must not manage, control or supervise the task unless the person has received instruction, and has satisfactorily finished training, specific to the task to enable the person to manage, control or supervise someone else to perform the task safely and in compliance with this regulation. Maximum penalty—40 penalty units.\n(sec.18-ssec.4) Subsection (5) applies if a person responsible for managing or controlling the task claims that— a person employed, engaged or permitted to do the task; or a person who supervised a person employed, engaged or permitted to do the task; has received instruction, and has satisfactorily finished training, specific to the task.\n(sec.18-ssec.5) The chief executive may give the person responsible for managing or controlling the task a written notice asking the person, within 14 days after receiving the notice, to give the chief executive written evidence of the instruction and the satisfactory finishing of the training.\n(sec.18-ssec.6) A person given a notice under subsection (5) must comply with the notice, unless the person has a reasonable excuse. Maximum penalty—15 penalty units.\n- (a) packing dangerous goods;\n- (b) consigning dangerous goods;\n- (c) loading dangerous goods;\n- (d) unloading dangerous goods;\n- (e) handling a fumigated cargo transport unit;\n- (f) marking a package containing dangerous goods;\n- (g) placarding a placard load;\n- (h) preparing transport documentation;\n- (i) maintaining rail vehicles and equipment used in the transport of dangerous goods;\n- (j) driving a rail vehicle transporting dangerous goods;\n- (k) being the consignee of dangerous goods;\n- (l) following the procedures required under part 14 in a dangerous situation.\n- (a) has received instruction, and has satisfactorily finished training, specific to the task; or\n- (b) is— (i) receiving instruction and training specific to the task; and (ii) appropriately supervised in doing the task by a person who has received instruction, and has satisfactorily finished training, specific to the task; to enable the worker to do the task safely and in compliance with this regulation.\n- (i) receiving instruction and training specific to the task; and\n- (ii) appropriately supervised in doing the task by a person who has received instruction, and has satisfactorily finished training, specific to the task;\n- (i) receiving instruction and training specific to the task; and\n- (ii) appropriately supervised in doing the task by a person who has received instruction, and has satisfactorily finished training, specific to the task;\n- (a) a person employed, engaged or permitted to do the task; or\n- (b) a person who supervised a person employed, engaged or permitted to do the task;","sortOrder":22},{"sectionNumber":"pt.1-div.4","sectionType":"division","heading":"Goods suspected of being dangerous goods or goods too dangerous to be transported","content":"## Goods suspected of being dangerous goods or goods too dangerous to be transported","sortOrder":23},{"sectionNumber":"sec.19","sectionType":"section","heading":"Goods suspected of being dangerous goods or goods too dangerous to be transported","content":"### sec.19 Goods suspected of being dangerous goods or goods too dangerous to be transported\n\nIf it is not clear whether goods are dangerous goods or goods too dangerous to be transported, but a person suspects, or ought reasonably to suspect, that the goods are dangerous goods or goods too dangerous to be transported, the person must not consign or transport the goods until—\nthe goods have been classified in accordance with the ADG Code; or\na determination has been made that the goods are or are not—\ndangerous goods; or\ngoods too dangerous to be transported.\nMaximum penalty—40 penalty units.\n- (a) the goods have been classified in accordance with the ADG Code; or\n- (b) a determination has been made that the goods are or are not— (i) dangerous goods; or (ii) goods too dangerous to be transported.\n- (i) dangerous goods; or\n- (ii) goods too dangerous to be transported.\n- (i) dangerous goods; or\n- (ii) goods too dangerous to be transported.","sortOrder":24},{"sectionNumber":"pt.1-div.5","sectionType":"division","heading":"Determinations","content":"## Determinations","sortOrder":25},{"sectionNumber":"sec.20","sectionType":"section","heading":"Determinations about dangerous goods and packaging","content":"### sec.20 Determinations about dangerous goods and packaging\n\nThe chief executive may decide that goods are or are not—\ndangerous goods; or\ndangerous goods of a particular UN class, UN division or category; or\ndangerous goods with a particular subsidiary hazard; or\nsubstances of a particular packing group; or\nincompatible with particular dangerous goods.\nThe chief executive may decide that—\nparticular goods are or are not goods too dangerous to be transported; or\nparticular dangerous goods may be or must not be transported in or on the same cargo transport unit as other goods, whether or not the other goods are dangerous goods; or\nparticular dangerous goods may be or must not be transported in particular packaging, despite a prohibition or authorisation in the dangerous goods list.\nA decision under subsection (1) or (2) —\nis a determination for this regulation; and\nmust be made by written notice.\nA notice under subsection (3) (b) is declared to be subordinate legislation under the Statutory Instruments Regulation 2022 , section 3 (3) and schedule 1 .\nSubsection (3) (b) does not apply to an administrative determination.\nSee also section 167 (1) .\ns 20 amd 2022 SL No. 113 s 7 sch 4\n(sec.20-ssec.1) The chief executive may decide that goods are or are not— dangerous goods; or dangerous goods of a particular UN class, UN division or category; or dangerous goods with a particular subsidiary hazard; or substances of a particular packing group; or incompatible with particular dangerous goods.\n(sec.20-ssec.2) The chief executive may decide that— particular goods are or are not goods too dangerous to be transported; or particular dangerous goods may be or must not be transported in or on the same cargo transport unit as other goods, whether or not the other goods are dangerous goods; or particular dangerous goods may be or must not be transported in particular packaging, despite a prohibition or authorisation in the dangerous goods list.\n(sec.20-ssec.3) A decision under subsection (1) or (2) — is a determination for this regulation; and must be made by written notice. A notice under subsection (3) (b) is declared to be subordinate legislation under the Statutory Instruments Regulation 2022 , section 3 (3) and schedule 1 .\n(sec.20-ssec.4) Subsection (3) (b) does not apply to an administrative determination. See also section 167 (1) .\n- (a) dangerous goods; or\n- (b) dangerous goods of a particular UN class, UN division or category; or\n- (c) dangerous goods with a particular subsidiary hazard; or\n- (d) substances of a particular packing group; or\n- (e) incompatible with particular dangerous goods.\n- (a) particular goods are or are not goods too dangerous to be transported; or\n- (b) particular dangerous goods may be or must not be transported in or on the same cargo transport unit as other goods, whether or not the other goods are dangerous goods; or\n- (c) particular dangerous goods may be or must not be transported in particular packaging, despite a prohibition or authorisation in the dangerous goods list.\n- (a) is a determination for this regulation; and\n- (b) must be made by written notice.","sortOrder":26},{"sectionNumber":"sec.21","sectionType":"section","heading":"Determinations about vehicles, routes, areas and other matters","content":"### sec.21 Determinations about vehicles, routes, areas and other matters\n\nThe chief executive may decide that particular dangerous goods may, must or must not be transported—\nusing a stated vehicle, or kind of vehicle; or\non a stated route; or\nin or through a stated area; or\nat a stated time; or\nin quantities more than a stated amount; or\nin stated packaging.\nA decision under subsection (1) —\nis a determination for this regulation; and\nmust be made by written notice.\nA notice under subsection (2) (b) is declared to be subordinate legislation under the Statutory Instruments Regulation 2022 , section 3 (3) and schedule 1 .\nSubsection (2) (b) does not apply to an administrative determination.\nSee also section 167 (1) .\ns 21 amd 2022 SL No. 113 s 7 sch 4\n(sec.21-ssec.1) The chief executive may decide that particular dangerous goods may, must or must not be transported— using a stated vehicle, or kind of vehicle; or on a stated route; or in or through a stated area; or at a stated time; or in quantities more than a stated amount; or in stated packaging.\n(sec.21-ssec.2) A decision under subsection (1) — is a determination for this regulation; and must be made by written notice. A notice under subsection (2) (b) is declared to be subordinate legislation under the Statutory Instruments Regulation 2022 , section 3 (3) and schedule 1 .\n(sec.21-ssec.3) Subsection (2) (b) does not apply to an administrative determination. See also section 167 (1) .\n- (a) using a stated vehicle, or kind of vehicle; or\n- (b) on a stated route; or\n- (c) in or through a stated area; or\n- (d) at a stated time; or\n- (e) in quantities more than a stated amount; or\n- (f) in stated packaging.\n- (a) is a determination for this regulation; and\n- (b) must be made by written notice.","sortOrder":27},{"sectionNumber":"sec.22","sectionType":"section","heading":"Administrative determinations","content":"### sec.22 Administrative determinations\n\nA determination is an administrative determination if—\nthe determination—\nis made on the application of a person; and\napplies to the person or the person and other persons named in the application; or\nthe determination—\nis made on the initiative of the chief executive; and\napplies to 1 or more persons named in the determination; and\ndoes not impose an obligation on a person, other than a condition that applies if action is taken on the basis of the determination.\nSee part 17 for provisions about administrative determinations, including applications for, and amendment of, administrative determinations.\nSee also chapter 14 , part 3 of the Act .\n- (a) the determination— (i) is made on the application of a person; and (ii) applies to the person or the person and other persons named in the application; or\n- (i) is made on the application of a person; and\n- (ii) applies to the person or the person and other persons named in the application; or\n- (b) the determination— (i) is made on the initiative of the chief executive; and (ii) applies to 1 or more persons named in the determination; and (iii) does not impose an obligation on a person, other than a condition that applies if action is taken on the basis of the determination.\n- (i) is made on the initiative of the chief executive; and\n- (ii) applies to 1 or more persons named in the determination; and\n- (iii) does not impose an obligation on a person, other than a condition that applies if action is taken on the basis of the determination.\n- (i) is made on the application of a person; and\n- (ii) applies to the person or the person and other persons named in the application; or\n- (i) is made on the initiative of the chief executive; and\n- (ii) applies to 1 or more persons named in the determination; and\n- (iii) does not impose an obligation on a person, other than a condition that applies if action is taken on the basis of the determination.\n- 1 See part 17 for provisions about administrative determinations, including applications for, and amendment of, administrative determinations.\n- 2 See also chapter 14 , part 3 of the Act .","sortOrder":28},{"sectionNumber":"sec.23","sectionType":"section","heading":"Determinations may be subject to conditions","content":"### sec.23 Determinations may be subject to conditions\n\nIn making a determination, the chief executive may impose on the determination any condition necessary for the safe transport of dangerous goods.\nA person to whom a determination applies must not contravene a condition of the determination.\nMaximum penalty—40 penalty units.\n(sec.23-ssec.1) In making a determination, the chief executive may impose on the determination any condition necessary for the safe transport of dangerous goods.\n(sec.23-ssec.2) A person to whom a determination applies must not contravene a condition of the determination. Maximum penalty—40 penalty units.","sortOrder":29},{"sectionNumber":"sec.24","sectionType":"section","heading":"Effect of determinations on contrary obligations under this regulation","content":"### sec.24 Effect of determinations on contrary obligations under this regulation\n\nIf this regulation imposes an obligation on a person, and the person is authorised or permitted to act contrary to that obligation by a determination, the obligation must be read as if it stated that the person could fulfil the obligation by acting in compliance with the determination.\nIn this section—\nobligation includes duty and requirement.\n(sec.24-ssec.1) If this regulation imposes an obligation on a person, and the person is authorised or permitted to act contrary to that obligation by a determination, the obligation must be read as if it stated that the person could fulfil the obligation by acting in compliance with the determination.\n(sec.24-ssec.2) In this section— obligation includes duty and requirement.","sortOrder":30},{"sectionNumber":"sec.25","sectionType":"section","heading":"Register of determinations","content":"### sec.25 Register of determinations\n\nThe chief executive must—\nkeep a register of determinations; and\nwith other dangerous goods authorities, keep a central register of corresponding determinations.\nA register kept under subsection (1) may have separate divisions for different kinds of determinations.\nThe chief executive must record each determination in the register kept under subsection (1) (a) .\nThe chief executive must note the amendment, suspension or cancellation of a determination in the register kept under subsection (1) (a) .\nIn this section—\ncorresponding determination includes a determination under this regulation that the competent authorities panel has decided should have effect in 1 or more other participating jurisdictions.\n(sec.25-ssec.1) The chief executive must— keep a register of determinations; and with other dangerous goods authorities, keep a central register of corresponding determinations.\n(sec.25-ssec.2) A register kept under subsection (1) may have separate divisions for different kinds of determinations.\n(sec.25-ssec.3) The chief executive must record each determination in the register kept under subsection (1) (a) .\n(sec.25-ssec.4) The chief executive must note the amendment, suspension or cancellation of a determination in the register kept under subsection (1) (a) .\n(sec.25-ssec.5) In this section— corresponding determination includes a determination under this regulation that the competent authorities panel has decided should have effect in 1 or more other participating jurisdictions.\n- (a) keep a register of determinations; and\n- (b) with other dangerous goods authorities, keep a central register of corresponding determinations.","sortOrder":31},{"sectionNumber":"sec.26","sectionType":"section","heading":"Records of determinations","content":"### sec.26 Records of determinations\n\nThe record of a determination in the register kept under section 25 (1) (a) must include—\nthe provisions of the determination; or\nthe following information—\nfor a determination other than an administrative determination—the title of the gazette and the day the determination is gazetted;\nthe provisions of this regulation, and of the ADG Code, to which the determination relates;\nthe dangerous goods, equipment, packaging, vehicle or other thing to which the determination relates.\n- (a) the provisions of the determination; or\n- (b) the following information— (i) for a determination other than an administrative determination—the title of the gazette and the day the determination is gazetted; (ii) the provisions of this regulation, and of the ADG Code, to which the determination relates; (iii) the dangerous goods, equipment, packaging, vehicle or other thing to which the determination relates.\n- (i) for a determination other than an administrative determination—the title of the gazette and the day the determination is gazetted;\n- (ii) the provisions of this regulation, and of the ADG Code, to which the determination relates;\n- (iii) the dangerous goods, equipment, packaging, vehicle or other thing to which the determination relates.\n- (i) for a determination other than an administrative determination—the title of the gazette and the day the determination is gazetted;\n- (ii) the provisions of this regulation, and of the ADG Code, to which the determination relates;\n- (iii) the dangerous goods, equipment, packaging, vehicle or other thing to which the determination relates.","sortOrder":32},{"sectionNumber":"sec.27","sectionType":"section","heading":"Offence to do anything prohibited or regulated by determinations","content":"### sec.27 Offence to do anything prohibited or regulated by determinations\n\nIf a determination prohibits or regulates the doing of something, a person to whom the determination applies must not do the thing contrary to the determination.\nMaximum penalty—40 penalty units.\nIt is a defence to a prosecution for an offence against subsection (1) that the person did not know, and could not reasonably have been expected to know, of the determination, or that the determination applied to the person.\n(sec.27-ssec.1) If a determination prohibits or regulates the doing of something, a person to whom the determination applies must not do the thing contrary to the determination. Maximum penalty—40 penalty units.\n(sec.27-ssec.2) It is a defence to a prosecution for an offence against subsection (1) that the person did not know, and could not reasonably have been expected to know, of the determination, or that the determination applied to the person.","sortOrder":33},{"sectionNumber":"pt.1-div.6","sectionType":"division","heading":"Non-participating jurisdictions","content":"## Non-participating jurisdictions","sortOrder":34},{"sectionNumber":"sec.28","sectionType":"section","heading":"Declaration of non-participating dangerous goods jurisdictions","content":"### sec.28 Declaration of non-participating dangerous goods jurisdictions\n\nA State is not a participating dangerous goods jurisdiction if—\nthe Ministerial Council decides the law of the State does not include provisions having the same, or substantially the same, effect as the model legislation; and\nthe Minister, by gazette notice, declares the State is not a participating dangerous goods jurisdiction.\nIn this section—\nmodel legislation means—\nthe ‘Model Act on the Transport of Dangerous Goods by Road or Rail’, as amended and approved by the Ministerial Council from time to time; and\nthe ‘Model Subordinate Instrument on the Transport of Dangerous Goods by Road or Rail’, as amended and approved by the Ministerial Council from time to time.\nThe model legislation is available on the Australasian Parliamentary Counsel’s Committee website.\ns 28 amd 2023 SL No. 24 s 12\n(sec.28-ssec.1) A State is not a participating dangerous goods jurisdiction if— the Ministerial Council decides the law of the State does not include provisions having the same, or substantially the same, effect as the model legislation; and the Minister, by gazette notice, declares the State is not a participating dangerous goods jurisdiction.\n(sec.28-ssec.2) In this section— model legislation means— the ‘Model Act on the Transport of Dangerous Goods by Road or Rail’, as amended and approved by the Ministerial Council from time to time; and the ‘Model Subordinate Instrument on the Transport of Dangerous Goods by Road or Rail’, as amended and approved by the Ministerial Council from time to time. The model legislation is available on the Australasian Parliamentary Counsel’s Committee website.\n- (a) the Ministerial Council decides the law of the State does not include provisions having the same, or substantially the same, effect as the model legislation; and\n- (b) the Minister, by gazette notice, declares the State is not a participating dangerous goods jurisdiction.\n- (a) the ‘Model Act on the Transport of Dangerous Goods by Road or Rail’, as amended and approved by the Ministerial Council from time to time; and\n- (b) the ‘Model Subordinate Instrument on the Transport of Dangerous Goods by Road or Rail’, as amended and approved by the Ministerial Council from time to time.","sortOrder":35},{"sectionNumber":"pt.2","sectionType":"part","heading":"Key concepts","content":"# Key concepts","sortOrder":36},{"sectionNumber":"sec.29","sectionType":"section","heading":"Dangerous goods— Act , sch 6 , definition dangerous goods","content":"### sec.29 Dangerous goods— Act , sch 6 , definition dangerous goods\n\nFor schedule 6 of the Act , definition dangerous goods , goods are dangerous goods if—\nthe chief executive has made a determination that the goods are dangerous goods; or\nthe goods satisfy the criteria stated, or referred to, in part 2 of the ADG Code.\nHowever, goods that satisfy the criteria stated, or referred to, in part 2 of the ADG Code are not dangerous goods if—\nthe chief executive has made a determination that the goods are not dangerous goods; or\nthe 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 under column 6 of the dangerous goods list, and any condition included in that description is met.\ns 29 amd 2023 SL No. 24 s 13\n(sec.29-ssec.1) For schedule 6 of the Act , definition dangerous goods , goods are dangerous goods if— the chief executive has made a determination that the goods are dangerous goods; or the goods satisfy the criteria stated, or referred to, in part 2 of the ADG Code.\n(sec.29-ssec.2) However, goods that satisfy the criteria stated, or referred to, in part 2 of the ADG Code are not dangerous goods if— the chief executive has made a determination that the goods are not dangerous goods; or the 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 under column 6 of the dangerous goods list, and any condition included in that description is met.\n- (a) the chief executive has made a determination that the goods are dangerous goods; or\n- (b) the goods satisfy the criteria stated, or referred to, in part 2 of the ADG Code.\n- (a) the chief executive has made a determination that the goods are not dangerous goods; or\n- (b) the 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 under column 6 of the dangerous goods list, and any condition included in that description is met.","sortOrder":37},{"sectionNumber":"sec.30","sectionType":"section","heading":"Goods too dangerous to be transported— Act , sch 6 , definition goods too dangerous to be transported","content":"### sec.30 Goods too dangerous to be transported— Act , sch 6 , definition goods too dangerous to be transported\n\nFor schedule 6 of the Act , definition goods too dangerous to be transported , goods are goods too dangerous to be transported if—\nthe goods are stated or described in appendix A to the ADG Code; or\nthe chief executive has made a determination that the goods are goods too dangerous to be transported; or\nthe goods are so sensitive or unstable that they can not be safely transported even if the relevant requirements of this regulation and the ADG Code are complied with.\n- (a) the goods are stated or described in appendix A to the ADG Code; or\n- (b) the chief executive has made a determination that the goods are goods too dangerous to be transported; or\n- (c) the goods are so sensitive or unstable that they can not be safely transported even if the relevant requirements of this regulation and the ADG Code are complied with.","sortOrder":38},{"sectionNumber":"sec.31","sectionType":"section","heading":"UN classes, UN divisions and categories of dangerous goods","content":"### sec.31 UN classes, UN divisions and categories of dangerous goods\n\nIn this regulation, the UN class, UN division or category of particular dangerous goods is—\nif a determination that the goods are of a particular UN class, UN division or category is in effect—the UN class, UN division or category stated in the determination; or\notherwise—the UN class, UN division or category for the goods worked out using the ADG Code.\nThere are 9 classes of dangerous goods under the UN classification system and some of the classes are divided into divisions and some of the divisions are divided into categories. For example, UN division 6.2 (infectious substances) is divided into—\ncategory A (substances transported in a form that, if exposure occurs, can cause permanent disability or life-threatening or fatal disease to humans or animals); and\ncategory B (infectious substance which does not meet the criteria for inclusion in category A).\nFor the UN class or UN division for dangerous goods listed in the dangerous goods list, see column 3 of the list and any special provision of chapter 3.3 of the ADG Code applied to the goods under column 6 of the list.\nFor the category of dangerous goods listed in the dangerous goods list, see part 2 of the ADG Code and any special provision of chapter 3.3 of the code applied to the goods under column 6 of the list.\n- (a) if a determination that the goods are of a particular UN class, UN division or category is in effect—the UN class, UN division or category stated in the determination; or\n- (b) otherwise—the UN class, UN division or category for the goods worked out using the ADG Code.\n- 1 There are 9 classes of dangerous goods under the UN classification system and some of the classes are divided into divisions and some of the divisions are divided into categories. For example, UN division 6.2 (infectious substances) is divided into— (a) category A (substances transported in a form that, if exposure occurs, can cause permanent disability or life-threatening or fatal disease to humans or animals); and (b) category B (infectious substance which does not meet the criteria for inclusion in category A).\n- (a) category A (substances transported in a form that, if exposure occurs, can cause permanent disability or life-threatening or fatal disease to humans or animals); and\n- (b) category B (infectious substance which does not meet the criteria for inclusion in category A).\n- 2 For the UN class or UN division for dangerous goods listed in the dangerous goods list, see column 3 of the list and any special provision of chapter 3.3 of the ADG Code applied to the goods under column 6 of the list.\n- 3 For the category of dangerous goods listed in the dangerous goods list, see part 2 of the ADG Code and any special provision of chapter 3.3 of the code applied to the goods under column 6 of the list.\n- (a) category A (substances transported in a form that, if exposure occurs, can cause permanent disability or life-threatening or fatal disease to humans or animals); and\n- (b) category B (infectious substance which does not meet the criteria for inclusion in category A).","sortOrder":39},{"sectionNumber":"sec.32","sectionType":"section","heading":"Subsidiary hazards","content":"### sec.32 Subsidiary hazards\n\nIn this regulation, the subsidiary hazard of particular dangerous goods is—\nif a determination that the goods have a particular subsidiary hazard is in effect—the subsidiary hazard stated in the determination; or\notherwise—the subsidiary hazard for the goods worked out using the ADG Code.\nIf dangerous goods are able to be assigned to more than one UN class (or more than one UN division), the goods are assigned a subsidiary hazard which is the other UN class or classes (or UN division or divisions) to which the goods also belong.\nFor the subsidiary hazard of dangerous goods listed in the dangerous goods list, see column 4 of the list and any special provision of chapter 3.3 of the ADG Code applied to the goods under column 6 of the list.\n- (a) if a determination that the goods have a particular subsidiary hazard is in effect—the subsidiary hazard stated in the determination; or\n- (b) otherwise—the subsidiary hazard for the goods worked out using the ADG Code.\n- 1 If dangerous goods are able to be assigned to more than one UN class (or more than one UN division), the goods are assigned a subsidiary hazard which is the other UN class or classes (or UN division or divisions) to which the goods also belong.\n- 2 For the subsidiary hazard of dangerous goods listed in the dangerous goods list, see column 4 of the list and any special provision of chapter 3.3 of the ADG Code applied to the goods under column 6 of the list.","sortOrder":40},{"sectionNumber":"sec.33","sectionType":"section","heading":"Packing groups","content":"### sec.33 Packing groups\n\nIn this regulation, the packing group for particular dangerous goods is—\nif a determination that the goods are of a particular packing group is in effect—the packing group stated in the determination; or\notherwise—the packing group for the goods worked out using the ADG Code.\nDangerous goods are assigned to a packing group to indicate 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); and\npacking group II (substances presenting medium danger); and\npacking group III (substances presenting low danger).\nFor the packing group for dangerous goods listed in the dangerous goods list, see column 5 of the list and any special provision of chapter 3.3 of the ADG Code applied to the goods under column 6 of the list.\n- (a) if a determination that the goods are of a particular packing group is in effect—the packing group stated in the determination; or\n- (b) otherwise—the packing group for the goods worked out using the ADG Code.\n- 1 Dangerous goods are assigned to a packing group to indicate the degree of danger, and the level of containment required for, the goods. The packing groups, and the degree of danger they indicate, are— • packing group I (substances presenting high danger); and • packing group II (substances presenting medium danger); and • packing group III (substances presenting low danger).\n- • packing group I (substances presenting high danger); and\n- • packing group II (substances presenting medium danger); and\n- • packing group III (substances presenting low danger).\n- 2 For the packing group for dangerous goods listed in the dangerous goods list, see column 5 of the list and any special provision of chapter 3.3 of the ADG Code applied to the goods under column 6 of the list.\n- • packing group I (substances presenting high danger); and\n- • packing group II (substances presenting medium danger); and\n- • packing group III (substances presenting low danger).","sortOrder":41},{"sectionNumber":"sec.34","sectionType":"section","heading":"Incompatibility","content":"### sec.34 Incompatibility\n\nDangerous goods or other goods are incompatible with dangerous goods if—\nthe goods are incompatible with the dangerous goods under chapter 9.1 of the ADG Code; or\nthe chief executive has made a determination that the goods are incompatible with the dangerous goods; or\nwhen the goods are mixed, or otherwise brought into contact, with the dangerous goods, the goods are likely to interact with the dangerous goods and increase risk because of the interaction.\nPackaging or equipment for use in the transport of dangerous goods is incompatible with the dangerous goods if a component of the packaging or equipment that is intended or likely to come into contact with the dangerous goods during transport—\nis likely to interact with the dangerous goods and increase risk because of the interaction; and\nis not protected from contact under foreseeable circumstances by a protective coating or by another effective way.\n(sec.34-ssec.1) Dangerous goods or other goods are incompatible with dangerous goods if— the goods are incompatible with the dangerous goods under chapter 9.1 of the ADG Code; or the chief executive has made a determination that the goods are incompatible with the dangerous goods; or when the goods are mixed, or otherwise brought into contact, with the dangerous goods, the goods are likely to interact with the dangerous goods and increase risk because of the interaction.\n(sec.34-ssec.2) Packaging or equipment for use in the transport of dangerous goods is incompatible with the dangerous goods if a component of the packaging or equipment that is intended or likely to come into contact with the dangerous goods during transport— is likely to interact with the dangerous goods and increase risk because of the interaction; and is not protected from contact under foreseeable circumstances by a protective coating or by another effective way.\n- (a) the goods are incompatible with the dangerous goods under chapter 9.1 of the ADG Code; or\n- (b) the chief executive has made a determination that the goods are incompatible with the dangerous goods; or\n- (c) when the goods are mixed, or otherwise brought into contact, with the dangerous goods, the goods are likely to interact with the dangerous goods and increase risk because of the interaction.\n- (a) is likely to interact with the dangerous goods and increase risk because of the interaction; and\n- (b) is not protected from contact under foreseeable circumstances by a protective coating or by another effective way.","sortOrder":42},{"sectionNumber":"pt.3","sectionType":"part","heading":"Transport of dangerous goods to which special provisions apply","content":"# Transport of dangerous goods to which special provisions apply","sortOrder":43},{"sectionNumber":"sec.35","sectionType":"section","heading":"Application of part","content":"### sec.35 Application of part\n\nThis part applies if a special provision prohibits the transport of dangerous goods or imposes a restriction on the way dangerous goods are to be transported.","sortOrder":44},{"sectionNumber":"sec.36","sectionType":"section","heading":"Definition for part","content":"### sec.36 Definition for part\n\nIn this part—\nspecial provision means a special provision of chapter 3.3 of the ADG Code applying to dangerous goods under column 6 of the dangerous goods list.","sortOrder":45},{"sectionNumber":"sec.37","sectionType":"section","heading":"Duty of consignors","content":"### sec.37 Duty of consignors\n\nA person must not consign the dangerous goods for transport if the person knows, or ought reasonably to know, that—\nthe special provision applies to the transport of the goods; and\nthe transport of the goods does not, or will not, comply with the special provision.\nMaximum penalty—20 penalty units.\n- (a) the special provision applies to the transport of the goods; and\n- (b) the transport of the goods does not, or will not, comply with the special provision.","sortOrder":46},{"sectionNumber":"sec.38","sectionType":"section","heading":"Duty of packers","content":"### sec.38 Duty of packers\n\nA person must not pack the dangerous goods for transport if the person knows, or ought reasonably to know, that—\nthe special provision applies to the transport of the goods; and\nthe transport of the goods does not, or will not, comply with the special provision.\nMaximum penalty—20 penalty units.\n- (a) the special provision applies to the transport of the goods; and\n- (b) the transport of the goods does not, or will not, comply with the special provision.","sortOrder":47},{"sectionNumber":"sec.39","sectionType":"section","heading":"Duty of loaders","content":"### sec.39 Duty of loaders\n\nA person must not load the dangerous goods onto a rail vehicle for transport if the person knows, or ought reasonably to know, that—\nthe special provision applies to the transport of the goods; and\nthe transport of the goods does not, or will not, comply with the special provision.\nMaximum penalty—20 penalty units.\n- (a) the special provision applies to the transport of the goods; and\n- (b) the transport of the goods does not, or will not, comply with the special provision.","sortOrder":48},{"sectionNumber":"sec.40","sectionType":"section","heading":"Duty of prime contractors and rail operators","content":"### sec.40 Duty of prime contractors and rail operators\n\nA prime contractor or rail operator must not transport the dangerous goods if the prime contractor or rail operator knows, or ought reasonably to know, that—\nthe special provision applies to the transport of the goods; and\nthe transport of the goods does not comply with the special provision.\nMaximum penalty—20 penalty units.\n- (a) the special provision applies to the transport of the goods; and\n- (b) the transport of the goods does not comply with the special provision.","sortOrder":49},{"sectionNumber":"pt.4","sectionType":"part","heading":"Packaging","content":"# Packaging","sortOrder":50},{"sectionNumber":"pt.4-div.1","sectionType":"division","heading":"General","content":"## General","sortOrder":51},{"sectionNumber":"sec.41","sectionType":"section","heading":"Packing of dangerous goods in limited quantities or excepted quantities","content":"### sec.41 Packing of dangerous goods in limited quantities or excepted quantities\n\nThis part does not apply to dangerous goods that are—\ngoods packed in limited quantities; or\ngoods packed in excepted quantities.\nTo remove any doubt, it is declared that this part applies to—\ndangerous goods that are purported to be packed in limited quantities but do not comply with the requirements of section 17 ; and\ndangerous goods that are purported to be packed in excepted quantities but do not comply with the requirements of section 17A .\nSections 17 (a) and 17A (b) respectively require compliance with chapter 3.4 and 3.5 of the ADG Code.\ns 41 sub 2020 SL No. 220 s 7\n(sec.41-ssec.1) This part does not apply to dangerous goods that are— goods packed in limited quantities; or goods packed in excepted quantities.\n(sec.41-ssec.2) To remove any doubt, it is declared that this part applies to— dangerous goods that are purported to be packed in limited quantities but do not comply with the requirements of section 17 ; and dangerous goods that are purported to be packed in excepted quantities but do not comply with the requirements of section 17A . Sections 17 (a) and 17A (b) respectively require compliance with chapter 3.4 and 3.5 of the ADG Code.\n- (a) goods packed in limited quantities; or\n- (b) goods packed in excepted quantities.\n- (a) dangerous goods that are purported to be packed in limited quantities but do not comply with the requirements of section 17 ; and\n- (b) dangerous goods that are purported to be packed in excepted quantities but do not comply with the requirements of section 17A .","sortOrder":52},{"sectionNumber":"sec.42","sectionType":"section","heading":"References to part 4 of the ADG Code include dangerous goods list requirements","content":"### sec.42 References to part 4 of the ADG Code include dangerous goods list requirements\n\nIn this part, a reference to dangerous goods being packed in accordance with a provision in part 4 of the ADG Code includes a reference to the goods being packed in accordance with each packing requirement stated for the goods in the dangerous goods list.","sortOrder":53},{"sectionNumber":"pt.4-div.2","sectionType":"division","heading":"Suitability and design of packaging","content":"## Suitability and design of packaging","sortOrder":54},{"sectionNumber":"sec.43","sectionType":"section","heading":"Unsuitability of packaging for transport","content":"### sec.43 Unsuitability of packaging for transport\n\nPackaging is unsuitable for the transport of dangerous goods if—\nit must undergo a performance test under part 6 of the ADG Code and it is not approved packaging; or\nit does not meet a relevant standard or requirement of part 4 or 6 of the ADG Code, including a requirement about inspection, maintenance or repair; or\nits use, or re-use, for the transport of the goods does not comply with part 4 or 6 of the ADG Code; or\nits use for the transport of the goods is prohibited by, or does not comply with, a determination; or\nit is incompatible with the goods; or\nit is damaged or defective to the extent that it is not safe to use to transport the goods; or\nfor dangerous goods purported to be packed in limited quantities—the packaging does not comply with chapter 3.4 of the ADG Code; or\nfor dangerous goods purported to be packed in excepted quantities—the packaging does not comply with chapter 3.5 of the ADG Code.\nA freight container is also unsuitable for use as a bulk container for the transport of dangerous goods if it does not have affixed to it a safety approval plate as required under the International Convention for Safe Containers 1972.\nIn this section—\napproved packaging means—\npackaging of a design that is approved under section 46 ; or\nforeign approved packaging.\nforeign approved , in relation to packaging, means packaging that has the markings required under part 6 of the ADG Code for packaging of its type, in confirmation that the packaging is ADR, ICAO, IMO, RID or UN approved.\ns 43 amd 2020 SL No. 220 s 8\n(sec.43-ssec.1) Packaging is unsuitable for the transport of dangerous goods if— it must undergo a performance test under part 6 of the ADG Code and it is not approved packaging; or it does not meet a relevant standard or requirement of part 4 or 6 of the ADG Code, including a requirement about inspection, maintenance or repair; or its use, or re-use, for the transport of the goods does not comply with part 4 or 6 of the ADG Code; or its use for the transport of the goods is prohibited by, or does not comply with, a determination; or it is incompatible with the goods; or it is damaged or defective to the extent that it is not safe to use to transport the goods; or for dangerous goods purported to be packed in limited quantities—the packaging does not comply with chapter 3.4 of the ADG Code; or for dangerous goods purported to be packed in excepted quantities—the packaging does not comply with chapter 3.5 of the ADG Code.\n(sec.43-ssec.2) A freight container is also unsuitable for use as a bulk container for the transport of dangerous goods if it does not have affixed to it a safety approval plate as required under the International Convention for Safe Containers 1972.\n(sec.43-ssec.3) In this section— approved packaging means— packaging of a design that is approved under section 46 ; or foreign approved packaging. foreign approved , in relation to packaging, means packaging that has the markings required under part 6 of the ADG Code for packaging of its type, in confirmation that the packaging is ADR, ICAO, IMO, RID or UN approved.\n- (a) it must undergo a performance test under part 6 of the ADG Code and it is not approved packaging; or\n- (b) it does not meet a relevant standard or requirement of part 4 or 6 of the ADG Code, including a requirement about inspection, maintenance or repair; or\n- (c) its use, or re-use, for the transport of the goods does not comply with part 4 or 6 of the ADG Code; or\n- (d) its use for the transport of the goods is prohibited by, or does not comply with, a determination; or\n- (e) it is incompatible with the goods; or\n- (f) it is damaged or defective to the extent that it is not safe to use to transport the goods; or\n- (g) for dangerous goods purported to be packed in limited quantities—the packaging does not comply with chapter 3.4 of the ADG Code; or\n- (h) for dangerous goods purported to be packed in excepted quantities—the packaging does not comply with chapter 3.5 of the ADG Code.\n- (a) packaging of a design that is approved under section 46 ; or\n- (b) foreign approved packaging.","sortOrder":55},{"sectionNumber":"sec.44","sectionType":"section","heading":"Marking packaging","content":"### sec.44 Marking packaging\n\nA person must not apply a marking required under part 6 of the ADG Code on packaging if the packaging is not of a design approved under section 46 .\nMaximum penalty—40 penalty units.\nA 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.\nMaximum penalty—40 penalty units.\n(sec.44-ssec.1) A person must not apply a marking required under part 6 of the ADG Code on packaging if the packaging is not of a design approved under section 46 . Maximum penalty—40 penalty units.\n(sec.44-ssec.2) A 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. Maximum penalty—40 penalty units.","sortOrder":56},{"sectionNumber":"sec.45","sectionType":"section","heading":"Applications for approval of packaging designs","content":"### sec.45 Applications for approval of packaging designs\n\nThis section applies in relation to packaging that must undergo a performance test under part 6 of the ADG Code.\nportable tanks, MEGCs, tanks on tank vehicles, pressure receptacles, aerosol dispensers, IBCs, bulk containers and drums, jerry cans, boxes, bags, composite packaging\ndrop, leakproofness, hydraulic and stacking tests\nA person may apply to the chief executive for the approval of a design of the packaging for use in the transport of dangerous goods.\nThe application must—\nbe made under section 166 ; and\ninclude sufficient information to enable the chief executive to decide the matters mentioned in section 46 (1) .\n(sec.45-ssec.1) This section applies in relation to packaging that must undergo a performance test under part 6 of the ADG Code. portable tanks, MEGCs, tanks on tank vehicles, pressure receptacles, aerosol dispensers, IBCs, bulk containers and drums, jerry cans, boxes, bags, composite packaging drop, leakproofness, hydraulic and stacking tests\n(sec.45-ssec.2) A person may apply to the chief executive for the approval of a design of the packaging for use in the transport of dangerous goods.\n(sec.45-ssec.3) The application must— be made under section 166 ; and include sufficient information to enable the chief executive to decide the matters mentioned in section 46 (1) .\n- (a) be made under section 166 ; and\n- (b) include sufficient information to enable the chief executive to decide the matters mentioned in section 46 (1) .","sortOrder":57},{"sectionNumber":"sec.46","sectionType":"section","heading":"Approval of packaging designs","content":"### sec.46 Approval of packaging designs\n\nThe chief executive may, on application under section 45 , approve a design of packaging for use in the transport of dangerous goods if satisfied a packaging of the design—\nwill comply with, or is permitted by, part 6 of the ADG Code; and\nsatisfies the relevant testing and inspection requirements of part 6 of the ADG Code.\nIn deciding whether packaging of a particular design satisfies a particular testing requirement, the chief executive may rely on a test certificate or report given by a recognised testing facility for the design type and complying with section 48 .\nIn giving an approval under subsection (1) , the chief executive may impose on the approval any condition about the construction, packing, maintenance or use of packaging manufactured in accordance with the design necessary for the safe use of the packaging to transport dangerous goods.\nA 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—\na condition about the construction, packing, maintenance or use of the packaging was imposed on the approval of the design for the packaging; and\nthe construction, packing, failure to maintain or use is in contravention of the condition.\nMaximum penalty—40 penalty units.\n(sec.46-ssec.1) The chief executive may, on application under section 45 , approve a design of packaging for use in the transport of dangerous goods if satisfied a packaging of the design— will comply with, or is permitted by, part 6 of the ADG Code; and satisfies the relevant testing and inspection requirements of part 6 of the ADG Code.\n(sec.46-ssec.2) In deciding whether packaging of a particular design satisfies a particular testing requirement, the chief executive may rely on a test certificate or report given by a recognised testing facility for the design type and complying with section 48 .\n(sec.46-ssec.3) In giving an approval under subsection (1) , the chief executive may impose on the approval any condition about the construction, packing, maintenance or use of packaging manufactured in accordance with the design necessary for the safe use of the packaging to transport dangerous goods.\n(sec.46-ssec.4) A person must not construct, pack or fail to maintain packaging for use in the transport of dangerous goods, or use packaging to transport dangerous goods, if the person knows, or ought reasonably to know, that— a condition about the construction, packing, maintenance or use of the packaging was imposed on the approval of the design for the packaging; and the construction, packing, failure to maintain or use is in contravention of the condition. Maximum penalty—40 penalty units.\n- (a) will comply with, or is permitted by, part 6 of the ADG Code; and\n- (b) satisfies the relevant testing and inspection requirements of part 6 of the ADG Code.\n- (a) a condition about the construction, packing, maintenance or use of the packaging was imposed on the approval of the design for the packaging; and\n- (b) the construction, packing, failure to maintain or use is in contravention of the condition.","sortOrder":58},{"sectionNumber":"sec.47","sectionType":"section","heading":"Recognised testing facilities","content":"### sec.47 Recognised testing facilities\n\nEach of the following is a recognised testing facility for a packaging design type—\na testing facility registered by NATA to conduct performance tests under part 6 of the ADG Code for the packaging design type;\nif NATA has not registered a testing facility to conduct performance tests of a kind mentioned in paragraph (a) —a testing facility in Australia capable of conducting the tests;\na facility in a foreign country approved by a public authority of the country to conduct performance tests of a kind mentioned in paragraph (a) .\n- (a) a testing facility registered by NATA to conduct performance tests under part 6 of the ADG Code for the packaging design type;\n- (b) if NATA has not registered a testing facility to conduct performance tests of a kind mentioned in paragraph (a) —a testing facility in Australia capable of conducting the tests;\n- (c) a facility in a foreign country approved by a public authority of the country to conduct performance tests of a kind mentioned in paragraph (a) .","sortOrder":59},{"sectionNumber":"sec.48","sectionType":"section","heading":"Test certificates and reports","content":"### sec.48 Test certificates and reports\n\nA recognised testing facility for a packaging design type may certify in writing that the packaging design type has passed particular performance tests for particular dangerous goods.\nIf a performance test is conducted by a testing facility registered by NATA, a test certificate, or report on the test, must—\ncontain the details required under the relevant chapter of part 6 of the ADG Code; and\nbe in the appropriate form used by testing facilities registered by NATA.\nIf a performance test is conducted in Australia by a recognised testing facility that is not registered by NATA—\nthe test must be observed by or for the chief executive; and\na test certificate, or report on the test, must contain the details required under the relevant chapter of part 6 of the ADG Code.\n(sec.48-ssec.1) A recognised testing facility for a packaging design type may certify in writing that the packaging design type has passed particular performance tests for particular dangerous goods.\n(sec.48-ssec.2) If a performance test is conducted by a testing facility registered by NATA, a test certificate, or report on the test, must— contain the details required under the relevant chapter of part 6 of the ADG Code; and be in the appropriate form used by testing facilities registered by NATA.\n(sec.48-ssec.3) If a performance test is conducted in Australia by a recognised testing facility that is not registered by NATA— the test must be observed by or for the chief executive; and a test certificate, or report on the test, must contain the details required under the relevant chapter of part 6 of the ADG Code.\n- (a) contain the details required under the relevant chapter of part 6 of the ADG Code; and\n- (b) be in the appropriate form used by testing facilities registered by NATA.\n- (a) the test must be observed by or for the chief executive; and\n- (b) a test certificate, or report on the test, must contain the details required under the relevant chapter of part 6 of the ADG Code.","sortOrder":60},{"sectionNumber":"sec.49","sectionType":"section","heading":"Approval of overpack preparation methods","content":"### sec.49 Approval of overpack preparation methods\n\nThe chief executive may, on application under section 166 , approve a method of preparing an overpack for transport that does not comply with section 5 .1.2 of the ADG Code if the chief executive considers that the risk involved in using the method is not greater than the risk involved in using a method complying with the section.\nIn giving an approval under subsection (1) , the chief executive may impose on the approval any condition about the use of the overpack necessary for the safe use of the overpack to transport dangerous goods.\nA person must not use an overpack to transport dangerous goods if the person knows, or ought reasonably to know, that—\na condition about the use of the overpack was imposed on the approval of the method of preparing the overpack; and\nthe use is in contravention of the condition.\nMaximum penalty—40 penalty units.\n(sec.49-ssec.1) The chief executive may, on application under section 166 , approve a method of preparing an overpack for transport that does not comply with section 5 .1.2 of the ADG Code if the chief executive considers that the risk involved in using the method is not greater than the risk involved in using a method complying with the section.\n(sec.49-ssec.2) In giving an approval under subsection (1) , the chief executive may impose on the approval any condition about the use of the overpack necessary for the safe use of the overpack to transport dangerous goods.\n(sec.49-ssec.3) A person must not use an overpack to transport dangerous goods if the person knows, or ought reasonably to know, that— a condition about the use of the overpack was imposed on the approval of the method of preparing the overpack; and the use is in contravention of the condition. Maximum penalty—40 penalty units.\n- (a) a condition about the use of the overpack was imposed on the approval of the method of preparing the overpack; and\n- (b) the use is in contravention of the condition.","sortOrder":61},{"sectionNumber":"sec.50","sectionType":"section","heading":"Authorised entity may give approvals","content":"### sec.50 Authorised entity may give approvals\n\nThe chief executive may authorise an entity to give approvals under section 46 or 49 .\nIn giving an authorisation under subsection (1) , the chief executive may impose on the authorisation any condition the chief executive considers appropriate for the giving of approvals by the entity.\nIn giving an approval, the entity must—\ncomply with a condition imposed under subsection (2) ; and\ncomply with the relevant requirements of part 6 of the ADG Code about the giving of the approval; and\ngive the chief executive all of the information mentioned in section 173 (b) about the approval.\nIf an entity is authorised to give approvals under this section—\nsections 45 , 46 and 49 apply as if a reference in the sections to the chief executive were a reference to the entity; and\npart 17 , division 1 , to the extent it deals with approvals, applies as if a reference in the division to the chief executive were a reference to the entity.\nAn approval given by an entity under this section—\nis taken to be an approval given by the chief executive; and\nmay be amended, suspended or cancelled by the chief executive under the Act .\nSee chapter 14 , part 3 of the Act .\nThe chief executive may withdraw an authorisation given under this section at any time.\nThe withdrawal of an authorisation under subsection (6) does not affect an approval given by the entity before the withdrawal took effect.\n(sec.50-ssec.1) The chief executive may authorise an entity to give approvals under section 46 or 49 .\n(sec.50-ssec.2) In giving an authorisation under subsection (1) , the chief executive may impose on the authorisation any condition the chief executive considers appropriate for the giving of approvals by the entity.\n(sec.50-ssec.3) In giving an approval, the entity must— comply with a condition imposed under subsection (2) ; and comply with the relevant requirements of part 6 of the ADG Code about the giving of the approval; and give the chief executive all of the information mentioned in section 173 (b) about the approval.\n(sec.50-ssec.4) If an entity is authorised to give approvals under this section— sections 45 , 46 and 49 apply as if a reference in the sections to the chief executive were a reference to the entity; and part 17 , division 1 , to the extent it deals with approvals, applies as if a reference in the division to the chief executive were a reference to the entity.\n(sec.50-ssec.5) An approval given by an entity under this section— is taken to be an approval given by the chief executive; and may be amended, suspended or cancelled by the chief executive under the Act . See chapter 14 , part 3 of the Act .\n(sec.50-ssec.6) The chief executive may withdraw an authorisation given under this section at any time.\n(sec.50-ssec.7) The withdrawal of an authorisation under subsection (6) does not affect an approval given by the entity before the withdrawal took effect.\n- (a) comply with a condition imposed under subsection (2) ; and\n- (b) comply with the relevant requirements of part 6 of the ADG Code about the giving of the approval; and\n- (c) give the chief executive all of the information mentioned in section 173 (b) about the approval.\n- (a) sections 45 , 46 and 49 apply as if a reference in the sections to the chief executive were a reference to the entity; and\n- (b) part 17 , division 1 , to the extent it deals with approvals, applies as if a reference in the division to the chief executive were a reference to the entity.\n- (a) is taken to be an approval given by the chief executive; and\n- (b) may be amended, suspended or cancelled by the chief executive under the Act . Note— See chapter 14 , part 3 of the Act .","sortOrder":62},{"sectionNumber":"pt.4-div.3","sectionType":"division","heading":"Prohibition on the sale or supply of noncompliant packaging","content":"## Prohibition on the sale or supply of noncompliant packaging","sortOrder":63},{"sectionNumber":"sec.51","sectionType":"section","heading":"Offence to sell or supply noncompliant packaging","content":"### sec.51 Offence to sell or supply noncompliant packaging\n\nA person must not sell, supply, or offer to sell or supply, packaging for use in the transport of particular dangerous goods unless—\nthe packaging is of a design that has been approved under section 46 and both of the following apply—\nthe packaging is marked in accordance with part 6 or, if applicable, chapter 3.4 or 3.5 of the ADG Code;\naccording to the marking, the packaging’s use is appropriate for the goods; or\nthe packaging 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 the goods.\nMaximum penalty—40 penalty units.\ns 51 amd 2020 SL No. 220 s 9\n- (a) the packaging is of a design that has been approved under section 46 and both of the following apply— (i) the packaging is marked in accordance with part 6 or, if applicable, chapter 3.4 or 3.5 of the ADG Code; (ii) according to the marking, the packaging’s use is appropriate for the goods; or\n- (i) the packaging is marked in accordance with part 6 or, if applicable, chapter 3.4 or 3.5 of the ADG Code;\n- (ii) according to the marking, the packaging’s use is appropriate for the goods; or\n- (b) the packaging 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 the goods.\n- (i) the packaging is marked in accordance with part 6 or, if applicable, chapter 3.4 or 3.5 of the ADG Code;\n- (ii) according to the marking, the packaging’s use is appropriate for the goods; or","sortOrder":64},{"sectionNumber":"pt.4-div.4","sectionType":"division","heading":"Offences about general packaging","content":"## Offences about general packaging","sortOrder":65},{"sectionNumber":"sec.52","sectionType":"section","heading":"Definition for division","content":"### sec.52 Definition for division\n\nIn this division—\ngeneral packaging means packaging other than a portable tank, demountable tank, MEGC, bulk container, freight container, tank on a tank vehicle or overpack.","sortOrder":66},{"sectionNumber":"sec.53","sectionType":"section","heading":"Duty of consignors","content":"### sec.53 Duty of consignors\n\nA person must not consign dangerous goods for transport in general packaging if the person knows, or ought reasonably to know, that—\nthe packaging is unsuitable for the transport of the goods; or\nthe goods have not been packed in the packaging in accordance with a relevant provision of part 4 of the ADG Code.\nMaximum penalty—40 penalty units.\n- (a) the packaging is unsuitable for the transport of the goods; or\n- (b) the goods have not been packed in the packaging in accordance with a relevant provision of part 4 of the ADG Code.","sortOrder":67},{"sectionNumber":"sec.54","sectionType":"section","heading":"Duties of packers","content":"### sec.54 Duties of packers\n\nA person must not pack dangerous goods for transport in general packaging if the person knows, or ought reasonably to know, that the packaging is unsuitable for the transport of the goods.\nMaximum penalty—40 penalty units.\nA person must not pack dangerous goods for transport in general packaging in a way that the person knows, or ought reasonably to know, does not comply with a relevant provision of part 4 of the ADG Code.\nMaximum penalty—40 penalty units.\n(sec.54-ssec.1) A person must not pack dangerous goods for transport in general packaging if the person knows, or ought reasonably to know, that the packaging is unsuitable for the transport of the goods. Maximum penalty—40 penalty units.\n(sec.54-ssec.2) A person must not pack dangerous goods for transport in general packaging in a way that the person knows, or ought reasonably to know, does not comply with a relevant provision of part 4 of the ADG Code. Maximum penalty—40 penalty units.","sortOrder":68},{"sectionNumber":"sec.55","sectionType":"section","heading":"Duty of loaders","content":"### sec.55 Duty of loaders\n\nA person must not load dangerous goods that are in general packaging onto a rail 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.\nMaximum penalty—40 penalty units.","sortOrder":69},{"sectionNumber":"sec.56","sectionType":"section","heading":"Duty of prime contractors and rail operators","content":"### sec.56 Duty of prime contractors and rail operators\n\nA prime contractor or rail operator must not transport dangerous goods in general 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.\nMaximum penalty—40 penalty units.","sortOrder":70},{"sectionNumber":"pt.4-div.5","sectionType":"division","heading":"Offences about other packaging","content":"## Offences about other packaging","sortOrder":71},{"sectionNumber":"sec.57","sectionType":"section","heading":"Definitions for division","content":"### sec.57 Definitions for division\n\nIn this division—\ncompliance plate means a plate that must be attached to a portable tank, MEGC or tank vehicle under part 6 of the ADG Code, and includes an identification plate.\nother packaging means a portable tank, demountable tank, MEGC, bulk container, freight container or tank on a tank vehicle.","sortOrder":72},{"sectionNumber":"sec.58","sectionType":"section","heading":"Attaching compliance plates to particular packaging","content":"### sec.58 Attaching compliance plates to particular packaging\n\nA person must not attach a compliance plate, or something that purports to be a compliance plate, to a tank, MEGC or tank vehicle unless the design of the tank, MEGC or tank vehicle is approved under section 46 .\nMaximum penalty—30 penalty units.","sortOrder":73},{"sectionNumber":"sec.59","sectionType":"section","heading":"Duties of manufacturers about compliance plates for portable tanks, MEGCs and tank vehicles","content":"### sec.59 Duties of manufacturers about compliance plates for portable tanks, MEGCs and tank vehicles\n\nA 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—\nif the tank is not made of fibre reinforced plastic— chapter 6 .7 of the ADG Code; or\nif the tank is made of fibre reinforced plastic— chapter 6 .7 and section 6.9.2.10 of the ADG Code.\nMaximum penalty—40 penalty units.\nA 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.\nMaximum penalty—40 penalty units.\nSubsection (1) does not apply to a person who manufactures a portable tank if—\nchapter 6.7 and, if applicable, section 6.9.2.10 of the ADG Code permit the marking of the tank instead of the attachment of a compliance plate; and\nthe tank is marked as required by the provisions mentioned in paragraph (a) .\nA 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.\nMaximum penalty—40 penalty units.\ns 59 amd 2023 SL No. 24 s 14\n(sec.59-ssec.1) A 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— if the tank is not made of fibre reinforced plastic— chapter 6 .7 of the ADG Code; or if the tank is made of fibre reinforced plastic— chapter 6 .7 and section 6.9.2.10 of the ADG Code. Maximum penalty—40 penalty units.\n(sec.59-ssec.2) A 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. Maximum penalty—40 penalty units.\n(sec.59-ssec.3) Subsection (1) does not apply to a person who manufactures a portable tank if— chapter 6.7 and, if applicable, 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 the provisions mentioned in paragraph (a) .\n(sec.59-ssec.4) A 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. Maximum penalty—40 penalty units.\n- (a) if the tank is not made of fibre reinforced plastic— chapter 6 .7 of the ADG Code; or\n- (b) if the tank is made of fibre reinforced plastic— chapter 6 .7 and section 6.9.2.10 of the ADG Code.\n- (a) chapter 6.7 and, if applicable, section 6.9.2.10 of the ADG Code permit the marking of the tank instead of the attachment of a compliance plate; and\n- (b) the tank is marked as required by the provisions mentioned in paragraph (a) .","sortOrder":74},{"sectionNumber":"sec.60","sectionType":"section","heading":"Duty of owners of portable tanks, demountable tanks, MEGCs and tank vehicles","content":"### sec.60 Duty of owners of portable tanks, demountable tanks, MEGCs and tank vehicles\n\nThe owner of a portable tank, demountable tank, MEGC or tank vehicle must not use the tank, MEGC or tank vehicle, or permit the tank, MEGC or tank vehicle to be used, to transport dangerous goods if the tank, MEGC, or tank on the tank vehicle, is unsuitable for the transport of the goods.\nMaximum penalty—40 penalty units.","sortOrder":75},{"sectionNumber":"sec.61","sectionType":"section","heading":"Duties of consignors","content":"### sec.61 Duties of consignors\n\nA person must not consign dangerous goods for transport in other packaging provided by the person if—\nthe packaging is unsuitable for the transport of the goods; or\nthe goods have not been packed in the packaging in accordance with a relevant provision of part 4 of the ADG Code.\nMaximum penalty—40 penalty units.\nA person must not consign dangerous goods for transport in other packaging provided by another person if—\nthe packaging is unsuitable for the transport of the goods; or\nthe goods have not been packed in the packaging in accordance with a relevant provision of part 4 of the ADG Code.\nMaximum penalty—40 penalty units.\n(sec.61-ssec.1) A person must not consign dangerous goods for transport in other packaging provided by the person if— the packaging is unsuitable for the transport of the goods; or the goods have not been packed in the packaging in accordance with a relevant provision of part 4 of the ADG Code. Maximum penalty—40 penalty units.\n(sec.61-ssec.2) A person must not consign dangerous goods for transport in other packaging provided by another person if— the packaging is unsuitable for the transport of the goods; or the goods have not been packed in the packaging in accordance with a relevant provision of part 4 of the ADG Code. Maximum penalty—40 penalty units.\n- (a) the packaging is unsuitable for the transport of the goods; or\n- (b) the goods have not been packed in the packaging in accordance with a relevant provision of part 4 of the ADG Code.\n- (a) the packaging is unsuitable for the transport of the goods; or\n- (b) the goods have not been packed in the packaging in accordance with a relevant provision of part 4 of the ADG Code.","sortOrder":76},{"sectionNumber":"sec.62","sectionType":"section","heading":"Duties of packers","content":"### sec.62 Duties of packers\n\nA 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.\nMaximum penalty—40 penalty units.\nA 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 a relevant provision of part 4 of the ADG Code.\nMaximum penalty—40 penalty units.\n(sec.62-ssec.1) A 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. Maximum penalty—40 penalty units.\n(sec.62-ssec.2) A 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 a relevant provision of part 4 of the ADG Code. Maximum penalty—40 penalty units.","sortOrder":77},{"sectionNumber":"sec.63","sectionType":"section","heading":"Duty of loaders","content":"### sec.63 Duty of loaders\n\nA person must not load dangerous goods that are in other packaging onto a rail vehicle for transport if the person knows, or ought reasonably to know, that the packaging is unsuitable for the transport of the goods.\nMaximum penalty—40 penalty units.","sortOrder":78},{"sectionNumber":"sec.64","sectionType":"section","heading":"Duties of prime contractors and rail operators","content":"### sec.64 Duties of prime contractors and rail operators\n\nA prime contractor or rail operator must not transport dangerous goods in other packaging provided by the prime contractor or the rail operator if—\nthe packaging is unsuitable for the transport of the goods; or\nthe goods have not been packed in the packaging in accordance with a relevant provision of part 4 of the ADG Code.\nMaximum penalty—40 penalty units.\nA prime contractor or rail operator must not transport dangerous goods in other packaging provided by another person if the prime contractor or the rail operator knows, or ought reasonably to know, that—\nthe packaging is unsuitable for the transport of the goods; or\nthe goods have not been packed in the packaging in accordance with a relevant provision of part 4 of the ADG Code.\nMaximum penalty—40 penalty units.\n(sec.64-ssec.1) A prime contractor or rail operator must not transport dangerous goods in other packaging provided by the prime contractor or the rail operator if— the packaging is unsuitable for the transport of the goods; or the goods have not been packed in the packaging in accordance with a relevant provision of part 4 of the ADG Code. Maximum penalty—40 penalty units.\n(sec.64-ssec.2) A prime contractor or rail operator must not transport dangerous goods in other packaging provided by another person if the prime contractor or the rail operator knows, or ought reasonably to know, that— the packaging is unsuitable for the transport of the goods; or the goods have not been packed in the packaging in accordance with a relevant provision of part 4 of the ADG Code. Maximum penalty—40 penalty units.\n- (a) the packaging is unsuitable for the transport of the goods; or\n- (b) the goods have not been packed in the packaging in accordance with a relevant provision of part 4 of the ADG Code.\n- (a) the packaging is unsuitable for the transport of the goods; or\n- (b) the goods have not been packed in the packaging in accordance with a relevant provision of part 4 of the ADG Code.","sortOrder":79},{"sectionNumber":"sec.65","sectionType":"section","heading":"Duties of drivers","content":"### sec.65 Duties of drivers\n\nA person must not drive a rail vehicle transporting dangerous goods in bulk by rail in a bulk container or freight container if the person knows, or ought reasonably to know, that the container is damaged or defective to the extent that it is not safe to use it to transport the goods.\nMaximum penalty—20 penalty units.\nA person must not drive a rail vehicle transporting dangerous goods in other packaging if the person knows, or ought reasonably to know, that—\nthe packaging is unsuitable for the transport of the goods; or\nthe goods have not been packed in the packaging in accordance with a relevant provision of part 4 of the ADG Code.\nMaximum penalty—20 penalty units.\n(sec.65-ssec.1) A person must not drive a rail vehicle transporting dangerous goods in bulk by rail in a bulk container or freight container if the person knows, or ought reasonably to know, that the container is damaged or defective to the extent that it is not safe to use it to transport the goods. Maximum penalty—20 penalty units.\n(sec.65-ssec.2) A person must not drive a rail vehicle transporting dangerous goods in other packaging if the person knows, or ought reasonably to know, that— the packaging is unsuitable for the transport of the goods; or the goods have not been packed in the packaging in accordance with a relevant provision of part 4 of the ADG Code. Maximum penalty—20 penalty units.\n- (a) the packaging is unsuitable for the transport of the goods; or\n- (b) the goods have not been packed in the packaging in accordance with a relevant provision of part 4 of the ADG Code.","sortOrder":80},{"sectionNumber":"pt.4-div.6","sectionType":"division","heading":"Offences about overpacks","content":"## Offences about overpacks","sortOrder":81},{"sectionNumber":"sec.66","sectionType":"section","heading":"Duty of consignors","content":"### sec.66 Duty of consignors\n\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 either—\nsection 5 .1.2 of the ADG Code; or\nan approval under section 49 .\nMaximum penalty—20 penalty units.\n- (a) section 5 .1.2 of the ADG Code; or\n- (b) an approval under section 49 .","sortOrder":82},{"sectionNumber":"sec.67","sectionType":"section","heading":"Duty of packers","content":"### sec.67 Duty of packers\n\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 either—\nsection 5 .1.2 of the ADG Code; or\nan approval under section 49 .\nMaximum penalty—20 penalty units.\n- (a) section 5 .1.2 of the ADG Code; or\n- (b) an approval under section 49 .","sortOrder":83},{"sectionNumber":"sec.68","sectionType":"section","heading":"Duty of loaders","content":"### sec.68 Duty of loaders\n\nA person must not load dangerous goods in an overpack onto a rail vehicle for transport if the person knows, or ought reasonably to know, that the preparation of the overpack and its contents does not comply with either—\nsection 5 .1.2 of the ADG Code; or\nan approval under section 49 .\nMaximum penalty—20 penalty units.\n- (a) section 5 .1.2 of the ADG Code; or\n- (b) an approval under section 49 .","sortOrder":84},{"sectionNumber":"sec.69","sectionType":"section","heading":"Duty of prime contractors and rail operators","content":"### sec.69 Duty of prime contractors and rail operators\n\nA prime contractor or rail operator must not transport dangerous goods in an overpack if the prime contractor or the rail operator knows, or ought reasonably to know, that the preparation of the overpack and its contents does not comply with either—\nsection 5 .1.2 of the ADG Code; or\nan approval under section 49 .\nMaximum penalty—20 penalty units.\n- (a) section 5 .1.2 of the ADG Code; or\n- (b) an approval under section 49 .","sortOrder":85},{"sectionNumber":"sec.70","sectionType":"section","heading":"Duty of drivers","content":"### sec.70 Duty of drivers\n\nA person must not drive a rail vehicle transporting dangerous goods in an overpack if the person knows, or ought reasonably to know, that the preparation of the overpack and its contents does not comply with either—\nsection 5 .1.2 of the ADG Code; or\nan approval under section 49 .\nMaximum penalty—15 penalty units.\n- (a) section 5 .1.2 of the ADG Code; or\n- (b) an approval under section 49 .","sortOrder":86},{"sectionNumber":"pt.4-div.7","sectionType":"division","heading":"Chief executive’s performance testing powers","content":"## Chief executive’s performance testing powers","sortOrder":87},{"sectionNumber":"sec.71","sectionType":"section","heading":"Requiring packaging for testing","content":"### sec.71 Requiring packaging for testing\n\nThis section applies in relation to a person who—\nis—\na manufacturer of packaging used, or intended to be used, to transport dangerous goods; or\nthe consignor or rail operator for the transport of dangerous goods; and\nhas possession of, or control over, packaging of a design type used, or intended to be used, to transport dangerous goods.\nThe chief executive may, by written notice, ask the person to give packaging manufactured or used by the person for performance testing to the chief executive or another person nominated in the notice (the nominated person ).\nThe person must give the packaging to the chief executive or nominated person within 14 days after the day the notice is given, unless before the end of that period the person gives the packaging to another person for performance testing under an agreement with that other person.\nMaximum penalty—15 penalty units.\n(sec.71-ssec.1) This section applies in relation to a person who— is— a manufacturer of packaging used, or intended to be used, to transport dangerous goods; or the consignor or rail operator for the transport of dangerous goods; and has possession of, or control over, packaging of a design type used, or intended to be used, to transport dangerous goods.\n(sec.71-ssec.2) The chief executive may, by written notice, ask the person to give packaging manufactured or used by the person for performance testing to the chief executive or another person nominated in the notice (the nominated person ).\n(sec.71-ssec.3) The person must give the packaging to the chief executive or nominated person within 14 days after the day the notice is given, unless before the end of that period the person gives the packaging to another person for performance testing under an agreement with that other person. Maximum penalty—15 penalty units.\n- (a) is— (i) a manufacturer of packaging used, or intended to be used, to transport dangerous goods; or (ii) the consignor or rail operator for the transport of dangerous goods; and\n- (i) a manufacturer of packaging used, or intended to be used, to transport dangerous goods; or\n- (ii) the consignor or rail operator for the transport of dangerous goods; and\n- (b) has possession of, or control over, packaging of a design type used, or intended to be used, to transport dangerous goods.\n- (i) a manufacturer of packaging used, or intended to be used, to transport dangerous goods; or\n- (ii) the consignor or rail operator for the transport of dangerous goods; and","sortOrder":88},{"sectionNumber":"sec.72","sectionType":"section","heading":"Requiring evidence of performance tests","content":"### sec.72 Requiring evidence of performance tests\n\nThis section applies in relation to a person who is—\na manufacturer of packaging used, or intended to be used, to transport dangerous goods; or\na consignor for the transport of packaged dangerous goods.\nThe chief executive may, by written notice, ask the person to give written evidence that a packaging design type manufactured or used by the person has passed performance tests required under part 6 of the ADG Code.\nThe person must give the evidence to the chief executive within 14 days after the day the notice is given.\nMaximum penalty—15 penalty units.\nA test certificate or report under section 48 is evidence for this section.\n(sec.72-ssec.1) This section applies in relation to a person who is— a manufacturer of packaging used, or intended to be used, to transport dangerous goods; or a consignor for the transport of packaged dangerous goods.\n(sec.72-ssec.2) The chief executive may, by written notice, ask the person to give written evidence that a packaging design type manufactured or used by the person has passed performance tests required under part 6 of the ADG Code.\n(sec.72-ssec.3) The person must give the evidence to the chief executive within 14 days after the day the notice is given. Maximum penalty—15 penalty units.\n(sec.72-ssec.4) A test certificate or report under section 48 is evidence for this section.\n- (a) a manufacturer of packaging used, or intended to be used, to transport dangerous goods; or\n- (b) a consignor for the transport of packaged dangerous goods.","sortOrder":89},{"sectionNumber":"pt.5","sectionType":"part","heading":"Consignment procedures","content":"# Consignment procedures","sortOrder":90},{"sectionNumber":"pt.5-div.1","sectionType":"division","heading":"Marking and labelling","content":"## Marking and labelling","sortOrder":91},{"sectionNumber":"sec.73","sectionType":"section","heading":"Meaning of appropriately marked","content":"### sec.73 Meaning of appropriately marked\n\nA receptacle for dangerous goods, other than a cargo transport unit or an overpack, that has a capacity of more than 500 kilograms or litres is appropriately marked if it is marked and labelled in accordance with chapter 5.2 and section 5 .3.3 of the ADG Code.\nAnother package of dangerous goods, other than an overpack, is appropriately marked if it is marked and labelled in accordance with chapter 5.2 of the ADG Code.\nAn overpack for dangerous goods is appropriately marked if it is marked and labelled in accordance with section 5 .1.2 of the ADG Code.\nA package of dangerous goods packed in limited quantities is also appropriately marked if it is marked and labelled in accordance with chapter 3.4 of the ADG Code.\nA package of dangerous goods packed in excepted quantities is also appropriately marked if it is marked and labelled in accordance with chapter 3.5 of the ADG Code.\ns 73 amd 2020 SL No. 220 s 10\n(sec.73-ssec.1) A receptacle for dangerous goods, other than a cargo transport unit or an overpack, that has a capacity of more than 500 kilograms or litres is appropriately marked if it is marked and labelled in accordance with chapter 5.2 and section 5 .3.3 of the ADG Code.\n(sec.73-ssec.2) Another package of dangerous goods, other than an overpack, is appropriately marked if it is marked and labelled in accordance with chapter 5.2 of the ADG Code.\n(sec.73-ssec.3) An overpack for dangerous goods is appropriately marked if it is marked and labelled in accordance with section 5 .1.2 of the ADG Code.\n(sec.73-ssec.4) A package of dangerous goods packed in limited quantities is also appropriately marked if it is marked and labelled in accordance with chapter 3.4 of the ADG Code.\n(sec.73-ssec.5) A package of dangerous goods packed in excepted quantities is also appropriately marked if it is marked and labelled in accordance with chapter 3.5 of the ADG Code.","sortOrder":92},{"sectionNumber":"sec.74","sectionType":"section","heading":"Reference to label includes placard","content":"### sec.74 Reference to label includes placard\n\nIn this division, a reference to a label includes a reference to a placard.","sortOrder":93},{"sectionNumber":"sec.75","sectionType":"section","heading":"Duties of consignors","content":"### sec.75 Duties of consignors\n\nA person must not consign dangerous goods for transport in a package if the package is not appropriately marked.\nMaximum penalty—\nfor large packaging or an overpack—20 penalty units; or\notherwise—7 1 / 2 penalty units.\nA person must not consign dangerous goods for transport in a package if a marking or label on the package about its contents is false or misleading in a material particular.\nMaximum penalty—\nfor large packaging or an overpack—20 penalty units; or\notherwise—7 1 / 2 penalty units.\nA person must not consign goods for transport in a package that does not contain dangerous goods but is marked or labelled as if it contained dangerous goods.\nMaximum penalty—\nfor large packaging or an overpack—20 penalty units; or\notherwise—7 1 / 2 penalty units.\nHowever, subsection (3) does not apply if the marking or labelling of the package complies with the requirements for the contents of the package in—\nthe ICAO technical instructions; or\nthe IMDG Code.\n(sec.75-ssec.1) A person must not consign dangerous goods for transport in a package if the package is not appropriately marked. Maximum penalty— for large packaging or an overpack—20 penalty units; or otherwise—7 1 / 2 penalty units.\n(sec.75-ssec.2) A person must not consign dangerous goods for transport in a package if a marking or label on the package about its contents is false or misleading in a material particular. Maximum penalty— for large packaging or an overpack—20 penalty units; or otherwise—7 1 / 2 penalty units.\n(sec.75-ssec.3) A person must not consign goods for transport in a package that does not contain dangerous goods but is marked or labelled as if it contained dangerous goods. Maximum penalty— for large packaging or an overpack—20 penalty units; or otherwise—7 1 / 2 penalty units.\n(sec.75-ssec.4) However, subsection (3) does not apply if the marking or labelling of the package complies with the requirements for the contents of the package in— the ICAO technical instructions; or the IMDG Code.\n- (a) for large packaging or an overpack—20 penalty units; or\n- (b) otherwise—7 1 / 2 penalty units.\n- (a) for large packaging or an overpack—20 penalty units; or\n- (b) otherwise—7 1 / 2 penalty units.\n- (a) for large packaging or an overpack—20 penalty units; or\n- (b) otherwise—7 1 / 2 penalty units.\n- (a) the ICAO technical instructions; or\n- (b) the IMDG Code.","sortOrder":94},{"sectionNumber":"sec.76","sectionType":"section","heading":"Duties of packers","content":"### sec.76 Duties of packers\n\nA person must not pack dangerous goods for transport in a package if the person knows, or ought reasonably to know, that the package—\nis not appropriately marked; or\nwill not be appropriately marked once the package is ready to be transported.\nMaximum penalty—\nfor large packaging or an overpack—20 penalty units; or\notherwise—7 1 / 2 penalty units.\nA 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.\nMaximum penalty—\nfor large packaging or an overpack—20 penalty units; or\notherwise—7 1 / 2 penalty units.\nA 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.\nMaximum penalty—\nfor large packaging or an overpack—20 penalty units; or\notherwise—7 1 / 2 penalty units.\nHowever, subsection (3) does not apply if the marking or labelling of the package complies with the requirements for the contents of the package in—\nthe ICAO technical instructions; or\nthe IMDG Code.\n(sec.76-ssec.1) A 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 appropriately marked; or will not be appropriately marked once the package is ready to be transported. Maximum penalty— for large packaging or an overpack—20 penalty units; or otherwise—7 1 / 2 penalty units.\n(sec.76-ssec.2) A 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. Maximum penalty— for large packaging or an overpack—20 penalty units; or otherwise—7 1 / 2 penalty units.\n(sec.76-ssec.3) A 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. Maximum penalty— for large packaging or an overpack—20 penalty units; or otherwise—7 1 / 2 penalty units.\n(sec.76-ssec.4) However, subsection (3) does not apply if the marking or labelling of the package complies with the requirements for the contents of the package in— the ICAO technical instructions; or the IMDG Code.\n- (a) is not appropriately marked; or\n- (b) will not be appropriately marked once the package is ready to be transported.\n- (a) for large packaging or an overpack—20 penalty units; or\n- (b) otherwise—7 1 / 2 penalty units.\n- (a) for large packaging or an overpack—20 penalty units; or\n- (b) otherwise—7 1 / 2 penalty units.\n- (a) for large packaging or an overpack—20 penalty units; or\n- (b) otherwise—7 1 / 2 penalty units.\n- (a) the ICAO technical instructions; or\n- (b) the IMDG Code.","sortOrder":95},{"sectionNumber":"sec.77","sectionType":"section","heading":"Duties of prime contractors and rail operators","content":"### sec.77 Duties of prime contractors and rail operators\n\nA prime contractor or rail operator must not transport goods in a package if the prime contractor or the rail operator knows, or ought reasonably to know, that—\nthe goods are dangerous goods; and\nthe package is not appropriately marked.\nMaximum penalty—\nfor large packaging or an overpack—20 penalty units; or\notherwise—7 1 / 2 penalty units.\nA prime contractor or rail operator must not transport dangerous goods in a package if the prime contractor or the rail operator knows, or ought reasonably to know, that a marking or label on the package about its contents is false or misleading in a material particular.\nMaximum penalty—\nfor large packaging or an overpack—20 penalty units; or\notherwise—7 1 / 2 penalty units.\nA prime contractor or rail operator must not transport goods in a package that is marked or labelled as if it contained dangerous goods if the prime contractor or the rail operator knows, or ought reasonably to know, that the package does not contain dangerous goods.\nMaximum penalty—\nfor large packaging or an overpack—20 penalty units; or\notherwise—7 1 / 2 penalty units.\nHowever, subsection (3) does not apply if the marking or labelling of the package complies with the requirements for the contents of the package in—\nthe ICAO technical instructions; or\nthe IMDG Code.\n(sec.77-ssec.1) A prime contractor or rail operator must not transport goods in a package if the prime contractor or the rail operator knows, or ought reasonably to know, that— the goods are dangerous goods; and the package is not appropriately marked. Maximum penalty— for large packaging or an overpack—20 penalty units; or otherwise—7 1 / 2 penalty units.\n(sec.77-ssec.2) A prime contractor or rail operator must not transport dangerous goods in a package if the prime contractor or the rail operator knows, or ought reasonably to know, that a marking or label on the package about its contents is false or misleading in a material particular. Maximum penalty— for large packaging or an overpack—20 penalty units; or otherwise—7 1 / 2 penalty units.\n(sec.77-ssec.3) A prime contractor or rail operator must not transport goods in a package that is marked or labelled as if it contained dangerous goods if the prime contractor or the rail operator knows, or ought reasonably to know, that the package does not contain dangerous goods. Maximum penalty— for large packaging or an overpack—20 penalty units; or otherwise—7 1 / 2 penalty units.\n(sec.77-ssec.4) However, subsection (3) does not apply if the marking or labelling of the package complies with the requirements for the contents of the package in— the ICAO technical instructions; or the IMDG Code.\n- (a) the goods are dangerous goods; and\n- (b) the package is not appropriately marked.\n- (a) for large packaging or an overpack—20 penalty units; or\n- (b) otherwise—7 1 / 2 penalty units.\n- (a) for large packaging or an overpack—20 penalty units; or\n- (b) otherwise—7 1 / 2 penalty units.\n- (a) for large packaging or an overpack—20 penalty units; or\n- (b) otherwise—7 1 / 2 penalty units.\n- (a) the ICAO technical instructions; or\n- (b) the IMDG Code.","sortOrder":96},{"sectionNumber":"pt.5-div.2","sectionType":"division","heading":"Placarding","content":"## Placarding","sortOrder":97},{"sectionNumber":"sec.78","sectionType":"section","heading":"When loads must be placarded","content":"### sec.78 When loads must be placarded\n\nA load that contains dangerous goods must be placarded if—\nit contains—\ndangerous goods in a receptacle with a capacity of more than 500L; or\nmore than 500kg of dangerous goods in a receptacle; or\nit contains an aggregate quantity of dangerous goods of 250 or more, other than specified goods, and the goods include—\ndangerous goods of UN division 2.1 that are not aerosols; or\ndangerous goods of UN division 2.3 ; or\ndangerous goods of packing group I; or\nit contains dangerous goods of category A of UN division 6.2 ; or\nit contains an aggregate quantity of dangerous goods of UN division 6.2 (other than category A) of 10 or more; or\nit contains an aggregate quantity of dangerous goods of 1,000 or more, other than specified goods.\nA load that contains dangerous goods must be placarded if the load contains specified goods and—\nthe specified goods include an aggregate quantity of 2,000 or more of a dangerous good of a particular UN number from a single place of consignment; or\nthe total gross mass of the specified goods is 8 tonnes or more.\nThis subsection applies separately and in addition to subsection (1) . See table 5.3 of the ADG Code.\nA load that contains dangerous goods, other than a load required to be placarded under subsection (1) or (2) , must be placarded if—\nthe load contains a mixture of specified goods and other dangerous goods; and\neither of the following calculations apply—\nif the load contains dangerous goods mentioned in subsection (1) (b) (i) , (ii) or (iii) —the aggregate quantity of the goods, plus 10% of the total gross mass of the specified goods, is 250 or more;\notherwise—the aggregate quantity of the other dangerous goods, plus 25% of the total gross mass of the specified goods, is 1,000 or more.\nSubsection (1) (a) does not apply to a dangerous good that is an article.\nIn this section—\nspecified goods means—\ndangerous goods packed in limited quantities; or\nwithout limiting paragraph (a) , any of the following dangerous goods—\nfireworks that are bon bons, party poppers or sparklers;\ndomestic smoke detectors containing radioactive material;\nlighters or lighter refills containing flammable gas;\nfire extinguishers containing a net mass of not more than 23kg of compressed or liquefied gas; or\na combination of any of the dangerous goods mentioned in paragraphs (a) and (b) .\nUN number , for a dangerous good, means the UN number, within the meaning of the ADG Code, for the good.\nAn aggregate quantity in relation to a load containing dangerous goods mentioned in this section is worked out in the way provided for under schedule 3 , definition aggregate quantity .\ns 78 amd 2020 SL No. 220 s 11\n(sec.78-ssec.1) A load that contains dangerous goods must be placarded if— it contains— dangerous goods in a receptacle with a capacity of more than 500L; or more than 500kg of dangerous goods in a receptacle; or it contains an aggregate quantity of dangerous goods of 250 or more, other than specified goods, and the goods include— dangerous goods of UN division 2.1 that are not aerosols; or dangerous goods of UN division 2.3 ; or dangerous goods of packing group I; or it contains dangerous goods of category A of UN division 6.2 ; or it contains an aggregate quantity of dangerous goods of UN division 6.2 (other than category A) of 10 or more; or it contains an aggregate quantity of dangerous goods of 1,000 or more, other than specified goods.\n(sec.78-ssec.2) A load that contains dangerous goods must be placarded if the load contains specified goods and— the specified goods include an aggregate quantity of 2,000 or more of a dangerous good of a particular UN number from a single place of consignment; or the total gross mass of the specified goods is 8 tonnes or more. This subsection applies separately and in addition to subsection (1) . See table 5.3 of the ADG Code.\n(sec.78-ssec.3) A load that contains dangerous goods, other than a load required to be placarded under subsection (1) or (2) , must be placarded if— the load contains a mixture of specified goods and other dangerous goods; and either of the following calculations apply— if the load contains dangerous goods mentioned in subsection (1) (b) (i) , (ii) or (iii) —the aggregate quantity of the goods, plus 10% of the total gross mass of the specified goods, is 250 or more; otherwise—the aggregate quantity of the other dangerous goods, plus 25% of the total gross mass of the specified goods, is 1,000 or more.\n(sec.78-ssec.4) Subsection (1) (a) does not apply to a dangerous good that is an article.\n(sec.78-ssec.5) In this section— specified goods means— dangerous goods packed in limited quantities; or without limiting paragraph (a) , any of the following dangerous goods— fireworks that are bon bons, party poppers or sparklers; domestic smoke detectors containing radioactive material; lighters or lighter refills containing flammable gas; fire extinguishers containing a net mass of not more than 23kg of compressed or liquefied gas; or a combination of any of the dangerous goods mentioned in paragraphs (a) and (b) . UN number , for a dangerous good, means the UN number, within the meaning of the ADG Code, for the good.\n- (a) it contains— (i) dangerous goods in a receptacle with a capacity of more than 500L; or (ii) more than 500kg of dangerous goods in a receptacle; or\n- (i) dangerous goods in a receptacle with a capacity of more than 500L; or\n- (ii) more than 500kg of dangerous goods in a receptacle; or\n- (b) it contains an aggregate quantity of dangerous goods of 250 or more, other than specified goods, and the goods include— (i) dangerous goods of UN division 2.1 that are not aerosols; or (ii) dangerous goods of UN division 2.3 ; or (iii) dangerous goods of packing group I; or\n- (i) dangerous goods of UN division 2.1 that are not aerosols; or\n- (ii) dangerous goods of UN division 2.3 ; or\n- (iii) dangerous goods of packing group I; or\n- (c) it contains dangerous goods of category A of UN division 6.2 ; or\n- (d) it contains an aggregate quantity of dangerous goods of UN division 6.2 (other than category A) of 10 or more; or\n- (e) it contains an aggregate quantity of dangerous goods of 1,000 or more, other than specified goods.\n- (i) dangerous goods in a receptacle with a capacity of more than 500L; or\n- (ii) more than 500kg of dangerous goods in a receptacle; or\n- (i) dangerous goods of UN division 2.1 that are not aerosols; or\n- (ii) dangerous goods of UN division 2.3 ; or\n- (iii) dangerous goods of packing group I; or\n- (a) the specified goods include an aggregate quantity of 2,000 or more of a dangerous good of a particular UN number from a single place of consignment; or\n- (b) the total gross mass of the specified goods is 8 tonnes or more.\n- (a) the load contains a mixture of specified goods and other dangerous goods; and\n- (b) either of the following calculations apply— (i) if the load contains dangerous goods mentioned in subsection (1) (b) (i) , (ii) or (iii) —the aggregate quantity of the goods, plus 10% of the total gross mass of the specified goods, is 250 or more; (ii) otherwise—the aggregate quantity of the other dangerous goods, plus 25% of the total gross mass of the specified goods, is 1,000 or more.\n- (i) if the load contains dangerous goods mentioned in subsection (1) (b) (i) , (ii) or (iii) —the aggregate quantity of the goods, plus 10% of the total gross mass of the specified goods, is 250 or more;\n- (ii) otherwise—the aggregate quantity of the other dangerous goods, plus 25% of the total gross mass of the specified goods, is 1,000 or more.\n- (i) if the load contains dangerous goods mentioned in subsection (1) (b) (i) , (ii) or (iii) —the aggregate quantity of the goods, plus 10% of the total gross mass of the specified goods, is 250 or more;\n- (ii) otherwise—the aggregate quantity of the other dangerous goods, plus 25% of the total gross mass of the specified goods, is 1,000 or more.\n- (a) dangerous goods packed in limited quantities; or\n- (b) without limiting paragraph (a) , any of the following dangerous goods— (i) fireworks that are bon bons, party poppers or sparklers; (ii) domestic smoke detectors containing radioactive material; (iii) lighters or lighter refills containing flammable gas; (iv) fire extinguishers containing a net mass of not more than 23kg of compressed or liquefied gas; or\n- (i) fireworks that are bon bons, party poppers or sparklers;\n- (ii) domestic smoke detectors containing radioactive material;\n- (iii) lighters or lighter refills containing flammable gas;\n- (iv) fire extinguishers containing a net mass of not more than 23kg of compressed or liquefied gas; or\n- (c) a combination of any of the dangerous goods mentioned in paragraphs (a) and (b) .\n- (i) fireworks that are bon bons, party poppers or sparklers;\n- (ii) domestic smoke detectors containing radioactive material;\n- (iii) lighters or lighter refills containing flammable gas;\n- (iv) fire extinguishers containing a net mass of not more than 23kg of compressed or liquefied gas; or","sortOrder":98},{"sectionNumber":"sec.79","sectionType":"section","heading":"Meaning of placards and appropriately placarded","content":"### sec.79 Meaning of placards and appropriately placarded\n\nA person placards a load that contains dangerous goods if the person affixes, stencils, prints or places a placard about the load on any thing that is being, or that is to be, used to transport the load.\nA placard load is appropriately placarded if it is placarded in accordance with chapter 5.3 of the ADG Code.\n(sec.79-ssec.1) A person placards a load that contains dangerous goods if the person affixes, stencils, prints or places a placard about the load on any thing that is being, or that is to be, used to transport the load.\n(sec.79-ssec.2) A placard load is appropriately placarded if it is placarded in accordance with chapter 5.3 of the ADG Code.","sortOrder":99},{"sectionNumber":"sec.80","sectionType":"section","heading":"Duties of consignors","content":"### sec.80 Duties of consignors\n\nA person must not consign a placard load for transport if the load is not appropriately placarded.\nMaximum penalty—40 penalty units.\nA person must not consign a placard load for transport if the placarding of the load is false or misleading in a material particular.\nMaximum penalty—40 penalty units.\nA person must not consign goods for transport in or on a cargo transport unit that does not contain a placard load but is placarded as if it contained a placard load.\nMaximum penalty—40 penalty units.\nHowever, subsection (3) does not apply if the placarding of the cargo transport unit complies with the requirements for the contents of the cargo transport unit in—\nthe ICAO technical instructions; or\nthe IMDG Code.\n(sec.80-ssec.1) A person must not consign a placard load for transport if the load is not appropriately placarded. Maximum penalty—40 penalty units.\n(sec.80-ssec.2) A person must not consign a placard load for transport if the placarding of the load is false or misleading in a material particular. Maximum penalty—40 penalty units.\n(sec.80-ssec.3) A person must not consign goods for transport in or on a cargo transport unit that does not contain a placard load but is placarded as if it contained a placard load. Maximum penalty—40 penalty units.\n(sec.80-ssec.4) However, subsection (3) does not apply if the placarding of the cargo transport unit complies with the requirements for the contents of the cargo transport unit in— the ICAO technical instructions; or the IMDG Code.\n- (a) the ICAO technical instructions; or\n- (b) the IMDG Code.","sortOrder":100},{"sectionNumber":"sec.81","sectionType":"section","heading":"Duties of loaders","content":"### sec.81 Duties of loaders\n\nA person must not load dangerous goods onto a rail vehicle for transport if the person knows, or ought reasonably to know, that—\nthe load is a placard load; and\nthe load is not appropriately placarded.\nMaximum penalty—40 penalty units.\nA person who loads a placard load onto a rail 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.\nMaximum penalty—40 penalty units.\nA person who loads goods onto a rail 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 is not a placard load.\nMaximum penalty—40 penalty units.\nHowever, subsection (3) does not apply if the placarding of the load complies with the requirements for the contents of the load in—\nthe ICAO technical instructions; or\nthe IMDG Code.\n(sec.81-ssec.1) A person must not load dangerous goods onto a rail vehicle for transport if the person knows, or ought reasonably to know, that— the load is a placard load; and the load is not appropriately placarded. Maximum penalty—40 penalty units.\n(sec.81-ssec.2) A person who loads a placard load onto a rail 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. Maximum penalty—40 penalty units.\n(sec.81-ssec.3) A person who loads goods onto a rail 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 is not a placard load. Maximum penalty—40 penalty units.\n(sec.81-ssec.4) However, subsection (3) does not apply if the placarding of the load complies with the requirements for the contents of the load in— the ICAO technical instructions; or the IMDG Code.\n- (a) the load is a placard load; and\n- (b) the load is not appropriately placarded.\n- (a) the ICAO technical instructions; or\n- (b) the IMDG Code.","sortOrder":101},{"sectionNumber":"sec.82","sectionType":"section","heading":"Duties of prime contractors and rail operators","content":"### sec.82 Duties of prime contractors and rail operators\n\nA prime contractor or rail operator must not transport a load that contains dangerous goods if the prime contractor or the rail operator knows, or ought reasonably to know, that—\nthe load is a placard load; and\nthe load is not appropriately placarded.\nMaximum penalty—40 penalty units.\nA prime contractor or rail operator must not transport a placard load if the prime contractor or the rail operator knows, or ought reasonably to know, that the placarding of the load is false or misleading in a material particular.\nMaximum penalty—40 penalty units.\nA prime contractor or rail operator must not use a cargo transport unit that is placarded as if it contained a placard load if the prime contractor or the rail operator knows, or ought reasonably to know, that the cargo transport unit does not contain a placard load.\nMaximum penalty—40 penalty units.\nHowever, subsection (3) does not apply if the placarding of the cargo transport unit complies with the requirements for the contents of the cargo transport unit in—\nthe ICAO technical instructions; or\nthe IMDG Code.\n(sec.82-ssec.1) A prime contractor or rail operator must not transport a load that contains dangerous goods if the prime contractor or the rail operator knows, or ought reasonably to know, that— the load is a placard load; and the load is not appropriately placarded. Maximum penalty—40 penalty units.\n(sec.82-ssec.2) A prime contractor or rail operator must not transport a placard load if the prime contractor or the rail operator knows, or ought reasonably to know, that the placarding of the load is false or misleading in a material particular. Maximum penalty—40 penalty units.\n(sec.82-ssec.3) A prime contractor or rail operator must not use a cargo transport unit that is placarded as if it contained a placard load if the prime contractor or the rail operator knows, or ought reasonably to know, that the cargo transport unit does not contain a placard load. Maximum penalty—40 penalty units.\n(sec.82-ssec.4) However, subsection (3) does not apply if the placarding of the cargo transport unit complies with the requirements for the contents of the cargo transport unit in— the ICAO technical instructions; or the IMDG Code.\n- (a) the load is a placard load; and\n- (b) the load is not appropriately placarded.\n- (a) the ICAO technical instructions; or\n- (b) the IMDG Code.","sortOrder":102},{"sectionNumber":"pt.6","sectionType":"part","heading":"Safety standards for vehicles and equipment","content":"# Safety standards for vehicles and equipment","sortOrder":103},{"sectionNumber":"sec.83","sectionType":"section","heading":"Duty of owners","content":"### sec.83 Duty of owners\n\nThe owner of a rail 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 chapter 4.4 of the ADG Code.\nMaximum penalty—40 penalty units.","sortOrder":104},{"sectionNumber":"sec.84","sectionType":"section","heading":"Duty of consignors","content":"### sec.84 Duty of consignors\n\nA person must not consign dangerous goods for transport in or on a rail vehicle if the person knows, or ought reasonably to know, that the vehicle or its equipment does not comply with chapter 4.4 of the ADG Code.\nMaximum penalty—40 penalty units.","sortOrder":105},{"sectionNumber":"sec.85","sectionType":"section","heading":"Duty of loaders","content":"### sec.85 Duty of loaders\n\nA person must not load dangerous goods onto a rail vehicle for transport if the person knows, or ought reasonably to know, that the vehicle or its equipment does not comply with chapter 4.4 of the ADG Code.\nMaximum penalty—20 penalty units.","sortOrder":106},{"sectionNumber":"sec.86","sectionType":"section","heading":"Duty of prime contractors and rail operators","content":"### sec.86 Duty of prime contractors and rail operators\n\nA prime contractor or rail operator must not use a rail vehicle to transport dangerous goods if the vehicle or its equipment does not comply with chapter 4.4 of the ADG Code.\nMaximum penalty—40 penalty units.","sortOrder":107},{"sectionNumber":"pt.7","sectionType":"part","heading":"Transport operations for particular dangerous goods","content":"# Transport operations for particular dangerous goods","sortOrder":108},{"sectionNumber":"pt.7-div.1","sectionType":"division","heading":"Self-reactive substances, organic peroxides and particular other substances","content":"## Self-reactive substances, organic peroxides and particular other substances","sortOrder":109},{"sectionNumber":"sec.87","sectionType":"section","heading":"Application of division","content":"### sec.87 Application of division\n\nThis division applies to the following types of dangerous goods—\ngases of UN class 2;\nself-reactive substances of UN division 4.1 ;\norganic peroxides of UN division 5.2 ;\nother substances for which—\nthe proper shipping name, within the meaning of the ADG Code, contains the word ‘stabilised’; and\nthe self-accelerating decomposition temperature (as worked out under part 2 of the ADG Code) when presented for transport in a packaging is 50°C or lower;\ntoxic substances of UN division 6.1 or subsidiary hazard 6.1;\ninfectious substances of UN division 6.2 ;\ndangerous when wet substances of UN division 4.3 .\ns 87 amd 2020 SL No. 220 s 12\n- (a) gases of UN class 2;\n- (b) self-reactive substances of UN division 4.1 ;\n- (c) organic peroxides of UN division 5.2 ;\n- (d) other substances for which— (i) the proper shipping name, within the meaning of the ADG Code, contains the word ‘stabilised’; and (ii) the self-accelerating decomposition temperature (as worked out under part 2 of the ADG Code) when presented for transport in a packaging is 50°C or lower;\n- (i) the proper shipping name, within the meaning of the ADG Code, contains the word ‘stabilised’; and\n- (ii) the self-accelerating decomposition temperature (as worked out under part 2 of the ADG Code) when presented for transport in a packaging is 50°C or lower;\n- (e) toxic substances of UN division 6.1 or subsidiary hazard 6.1;\n- (f) infectious substances of UN division 6.2 ;\n- (g) dangerous when wet substances of UN division 4.3 .\n- (i) the proper shipping name, within the meaning of the ADG Code, contains the word ‘stabilised’; and\n- (ii) the self-accelerating decomposition temperature (as worked out under part 2 of the ADG Code) when presented for transport in a packaging is 50°C or lower;","sortOrder":110},{"sectionNumber":"sec.88","sectionType":"section","heading":"Duty of consignors","content":"### sec.88 Duty of consignors\n\nA person must not consign dangerous goods to which this division applies for transport in or on a cargo transport unit if the person knows, or ought reasonably to know, that the goods are not loaded or stowed, or can not be transported or unloaded, in accordance with chapter 7.1 of the ADG Code.\nMaximum penalty—20 penalty units.\ns 88 amd 2020 SL No. 220 s 13","sortOrder":111},{"sectionNumber":"sec.89","sectionType":"section","heading":"Duty of loaders","content":"### sec.89 Duty of loaders\n\nA person must not load dangerous goods to which this division applies for transport in a cargo transport unit other than in accordance with chapter 7.1 of the ADG Code.\nMaximum penalty—20 penalty units.\ns 89 amd 2020 SL No. 220 s 13","sortOrder":112},{"sectionNumber":"sec.90","sectionType":"section","heading":"Duties of prime contractors and rail operators","content":"### sec.90 Duties of prime contractors and rail operators\n\nA prime contractor or rail operator must not transport dangerous goods to which this division applies if the prime contractor or the rail operator knows, or ought reasonably to know, that the transport does not comply with chapter 7.1 of the ADG Code.\nMaximum penalty—20 penalty units.\nA prime contractor or rail operator responsible for the transport of 1 or more packages of infectious substances of UN division 6.2 who becomes aware of damage to, or leakage from, the package or any of the packages must comply with section 7 .1.7.2.2 of the ADG Code.\nMaximum penalty—20 penalty units.\ns 90 amd 2020 SL No. 220 s 13\n(sec.90-ssec.1) A prime contractor or rail operator must not transport dangerous goods to which this division applies if the prime contractor or the rail operator knows, or ought reasonably to know, that the transport does not comply with chapter 7.1 of the ADG Code. Maximum penalty—20 penalty units.\n(sec.90-ssec.2) A prime contractor or rail operator responsible for the transport of 1 or more packages of infectious substances of UN division 6.2 who becomes aware of damage to, or leakage from, the package or any of the packages must comply with section 7 .1.7.2.2 of the ADG Code. Maximum penalty—20 penalty units.","sortOrder":113},{"sectionNumber":"pt.7-div.2","sectionType":"division","heading":"Goods too dangerous to be transported","content":"## Goods too dangerous to be transported","sortOrder":114},{"sectionNumber":"sec.91","sectionType":"section","heading":"Application of division","content":"### sec.91 Application of division\n\nThis division applies in relation to goods too dangerous to be transported.\nSee also section 458B of the Act .","sortOrder":115},{"sectionNumber":"sec.92","sectionType":"section","heading":"Duty of loaders","content":"### sec.92 Duty of loaders\n\nA person must not load goods for transport in or on a cargo transport unit if the person knows, or ought reasonably to know, that the goods are goods too dangerous to be transported.\nMaximum penalty—20 penalty units.","sortOrder":116},{"sectionNumber":"sec.93","sectionType":"section","heading":"Duty of prime contractors and rail operators","content":"### sec.93 Duty of prime contractors and rail operators\n\nA prime contractor or rail operator must not transport goods if the prime contractor or the rail operator knows, or ought reasonably to know, that the goods are goods too dangerous to be transported.\nMaximum penalty—20 penalty units.","sortOrder":117},{"sectionNumber":"sec.94","sectionType":"section","heading":"Duty of drivers","content":"### sec.94 Duty of drivers\n\nA person must not drive a rail vehicle transporting goods if the person knows, or ought reasonably to know, that the goods are goods too dangerous to be transported.\nMaximum penalty—13 penalty units.","sortOrder":118},{"sectionNumber":"pt.7A","sectionType":"part","heading":"Nominally empty storage vessels","content":"# Nominally empty storage vessels","sortOrder":119},{"sectionNumber":"sec.94A","sectionType":"section","heading":"Definition for part","content":"### sec.94A Definition for part\n\nIn this part—\nnominally empty storage vessel means a tank or hopper in relation to which section 7.2.7.1 of the ADG Code applies.\ns 94A ins 2020 SL No. 220 s 14","sortOrder":120},{"sectionNumber":"sec.94B","sectionType":"section","heading":"Duty of consignors","content":"### sec.94B Duty of consignors\n\nA person must not consign a nominally empty storage vessel for transport in a cargo transport unit if the person knows, or ought reasonably to know, that the vessel is not loaded or stowed, or can not be transported or unloaded, in accordance with chapter 7.2 of the ADG Code.\nMaximum penalty—20 penalty units.\ns 94B ins 2020 SL No. 220 s 14","sortOrder":121},{"sectionNumber":"sec.94C","sectionType":"section","heading":"Duty of loaders","content":"### sec.94C Duty of loaders\n\nA person must not load a nominally empty storage vessel for transport in a cargo transport unit other than in accordance with chapter 7.2 of the ADG Code.\nMaximum penalty—20 penalty units.\ns 94C ins 2020 SL No. 220 s 14","sortOrder":122},{"sectionNumber":"sec.94D","sectionType":"section","heading":"Duty of prime contractors and rail operators","content":"### sec.94D Duty of prime contractors and rail operators\n\nA prime contractor or rail operator must not transport a nominally empty storage vessel if the contractor or operator knows, or ought reasonably to know, that the transport does not comply with chapter 7.2 of the ADG Code.\nMaximum penalty—20 penalty units.\ns 94D ins 2020 SL No. 220 s 14","sortOrder":123},{"sectionNumber":"pt.8","sectionType":"part","heading":"Stowage and restraint","content":"# Stowage and restraint","sortOrder":124},{"sectionNumber":"sec.95","sectionType":"section","heading":"Duties of consignors","content":"### sec.95 Duties of consignors\n\nA person must not consign dangerous goods for transport in or on a rail vehicle if the person knows, or ought reasonably to know, that the goods or their packaging are not, or will not be, loaded, stowed and restrained in accordance with chapter 8.1 of the ADG Code.\nMaximum penalty—20 penalty units.\nA person must not consign 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.\nMaximum penalty—20 penalty units.\n(sec.95-ssec.1) A person must not consign dangerous goods for transport in or on a rail vehicle if the person knows, or ought reasonably to know, that the goods or their packaging are not, or will not be, loaded, stowed and restrained in accordance with chapter 8.1 of the ADG Code. Maximum penalty—20 penalty units.\n(sec.95-ssec.2) A person must not consign 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. Maximum penalty—20 penalty units.","sortOrder":125},{"sectionNumber":"sec.96","sectionType":"section","heading":"Duties of loaders","content":"### sec.96 Duties of loaders\n\nA person who loads dangerous goods for transport in or on a rail vehicle must load, stow and restrain the goods and their packaging in accordance with chapter 8.1 of the ADG Code.\nMaximum penalty—20 penalty units.\nA person who loads for transport in or on a rail vehicle dangerous goods that are in or on a cargo transport unit must restrain the cargo transport unit in accordance with chapter 8.2 of the ADG Code.\nMaximum penalty—20 penalty units.\n(sec.96-ssec.1) A person who loads dangerous goods for transport in or on a rail vehicle must load, stow and restrain the goods and their packaging in accordance with chapter 8.1 of the ADG Code. Maximum penalty—20 penalty units.\n(sec.96-ssec.2) A person who loads for transport in or on a rail vehicle dangerous goods that are in or on a cargo transport unit must restrain the cargo transport unit in accordance with chapter 8.2 of the ADG Code. Maximum penalty—20 penalty units.","sortOrder":126},{"sectionNumber":"sec.97","sectionType":"section","heading":"Duties of prime contractors and rail operators","content":"### sec.97 Duties of prime contractors and rail operators\n\nA prime contractor or rail operator must not transport dangerous goods in or on a rail vehicle if the prime contractor or the rail operator knows, or ought reasonably to know, that the goods or their packaging have not been loaded or stowed, or are not restrained, in accordance with chapter 8.1 of the ADG Code.\nMaximum penalty—20 penalty units.\nA prime contractor or rail operator must not transport dangerous goods in or on a cargo transport unit if the prime contractor or the rail operator knows, or ought reasonably to know, that the goods or their packaging are not restrained in accordance with chapter 8.2 of the ADG Code.\nMaximum penalty—20 penalty units.\n(sec.97-ssec.1) A prime contractor or rail operator must not transport dangerous goods in or on a rail vehicle if the prime contractor or the rail operator knows, or ought reasonably to know, that the goods or their packaging have not been loaded or stowed, or are not restrained, in accordance with chapter 8.1 of the ADG Code. Maximum penalty—20 penalty units.\n(sec.97-ssec.2) A prime contractor or rail operator must not transport dangerous goods in or on a cargo transport unit if the prime contractor or the rail operator knows, or ought reasonably to know, that the goods or their packaging are not restrained in accordance with chapter 8.2 of the ADG Code. Maximum penalty—20 penalty units.","sortOrder":127},{"sectionNumber":"pt.9","sectionType":"part","heading":"Segregation, separation and marshalling","content":"# Segregation, separation and marshalling","sortOrder":128},{"sectionNumber":"pt.9-div.1","sectionType":"division","heading":"Application","content":"## Application","sortOrder":129},{"sectionNumber":"sec.98","sectionType":"section","heading":"Application of part","content":"### sec.98 Application of part\n\nThis part applies in relation to—\nthe transport of a placard load; and\nthe transport of a load that contains dangerous goods, but is not a placard load, if—\nthe 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; and\nthe load is being transported, or is to be transported, with food or food packaging.\nHowever, this part does not apply to the transport of dangerous goods packed in limited quantities.\n(sec.98-ssec.1) This part applies in relation to— the transport of a placard load; and the transport of a load that contains dangerous goods, but 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; and the load is being transported, or is to be transported, with food or food packaging.\n(sec.98-ssec.2) However, this part does not apply to the transport of dangerous goods packed in limited quantities.\n- (a) the transport of a placard load; and\n- (b) the transport of a load that contains dangerous goods, but is not a placard load, if— (i) 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; and (ii) the load is being transported, or is to be transported, with food or food packaging.\n- (i) 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; and\n- (ii) the load is being transported, or is to be transported, with food or food packaging.\n- (i) 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; and\n- (ii) the load is being transported, or is to be transported, with food or food packaging.","sortOrder":130},{"sectionNumber":"sec.99","sectionType":"section","heading":"Exception for particular goods for driver’s personal use","content":"### sec.99 Exception for particular goods for driver’s personal use\n\nDespite sections 101 to 105 , food and food packaging may be transported in or on a rail vehicle with dangerous goods if the food or packaging is in the driver’s cab of the vehicle and is for the driver’s personal use.\nDespite sections 101 to 105 , a fire-risk substance may be transported in or on a rail vehicle with dangerous goods if the fire-risk substance is in the driver’s cab of the vehicle and is for the driver’s personal use.\nIn this section—\nfire-risk substance means a readily ignitable solid substance.\nhay, sawdust, wastepaper, woodchips\n(sec.99-ssec.1) Despite sections 101 to 105 , food and food packaging may be transported in or on a rail vehicle with dangerous goods if the food or packaging is in the driver’s cab of the vehicle and is for the driver’s personal use.\n(sec.99-ssec.2) Despite sections 101 to 105 , a fire-risk substance may be transported in or on a rail vehicle with dangerous goods if the fire-risk substance is in the driver’s cab of the vehicle and is for the driver’s personal use.\n(sec.99-ssec.3) In this section— fire-risk substance means a readily ignitable solid substance. hay, sawdust, wastepaper, woodchips","sortOrder":131},{"sectionNumber":"pt.9-div.2","sectionType":"division","heading":"Segregation","content":"## Segregation","sortOrder":132},{"sectionNumber":"sec.100","sectionType":"section","heading":"Loads on rail wagons","content":"### sec.100 Loads on rail wagons\n\nIf dangerous goods and other goods that are incompatible with the dangerous goods are transported in separate closed freight containers, bulk containers or tanks on a rail wagon, or on separate load platforms or in separate wells of an articulated rail wagon, the dangerous goods and the other goods are taken to be segregated in accordance with part 9 of the ADG Code.\nHowever, the dangerous goods and other goods are taken not to be segregated in accordance with part 9 of the ADG Code if, under that part or a determination, the dangerous goods are too dangerous to be transported on the same rail wagon as other goods.\n(sec.100-ssec.1) If dangerous goods and other goods that are incompatible with the dangerous goods are transported in separate closed freight containers, bulk containers or tanks on a rail wagon, or on separate load platforms or in separate wells of an articulated rail wagon, the dangerous goods and the other goods are taken to be segregated in accordance with part 9 of the ADG Code.\n(sec.100-ssec.2) However, the dangerous goods and other goods are taken not to be segregated in accordance with part 9 of the ADG Code if, under that part or a determination, the dangerous goods are too dangerous to be transported on the same rail wagon as other goods.","sortOrder":133},{"sectionNumber":"sec.101","sectionType":"section","heading":"Duty of consignors","content":"### sec.101 Duty of consignors\n\nA person must not consign dangerous goods for transport in or on a rail vehicle if the person knows, or ought reasonably to know, that—\nthe vehicle is, in the same journey, transporting goods that are incompatible with the dangerous goods; and\nthe dangerous goods will not be segregated from the incompatible goods in accordance with either—\npart 9 of the ADG Code; or\nan approval under section 106 .\nMaximum penalty—40 penalty units.\n- (a) the vehicle is, in the same journey, transporting goods that are incompatible with the dangerous goods; and\n- (b) the dangerous goods will not be segregated from the incompatible goods in accordance with either— (i) part 9 of the ADG Code; or (ii) an approval under section 106 .\n- (i) part 9 of the ADG Code; or\n- (ii) an approval under section 106 .\n- (i) part 9 of the ADG Code; or\n- (ii) an approval under section 106 .","sortOrder":134},{"sectionNumber":"sec.102","sectionType":"section","heading":"Duty of loaders","content":"### sec.102 Duty of loaders\n\nA person must not load dangerous goods for transport in or on a rail vehicle if the person knows, or ought reasonably to know, that—\nthe vehicle is, in the same journey, transporting goods that are incompatible with the dangerous goods; and\nthe dangerous goods will not be segregated from the incompatible goods in accordance with either—\npart 9 of the ADG Code; or\nan approval under section 106 .\nMaximum penalty—40 penalty units.\n- (a) the vehicle is, in the same journey, transporting goods that are incompatible with the dangerous goods; and\n- (b) the dangerous goods will not be segregated from the incompatible goods in accordance with either— (i) part 9 of the ADG Code; or (ii) an approval under section 106 .\n- (i) part 9 of the ADG Code; or\n- (ii) an approval under section 106 .\n- (i) part 9 of the ADG Code; or\n- (ii) an approval under section 106 .","sortOrder":135},{"sectionNumber":"sec.103","sectionType":"section","heading":"Duty of prime contractors","content":"### sec.103 Duty of prime contractors\n\nA prime contractor must not use a rail vehicle to transport dangerous goods if the prime contractor knows, or ought reasonably to know, that—\nthe vehicle is, in the same journey, transporting goods that are incompatible with the dangerous goods; and\nthe dangerous goods are not segregated from the incompatible goods in accordance with either—\npart 9 of the ADG Code; or\nan approval under section 106 .\nMaximum penalty—40 penalty units.\n- (a) the vehicle is, in the same journey, transporting goods that are incompatible with the dangerous goods; and\n- (b) the dangerous goods are not segregated from the incompatible goods in accordance with either— (i) part 9 of the ADG Code; or (ii) an approval under section 106 .\n- (i) part 9 of the ADG Code; or\n- (ii) an approval under section 106 .\n- (i) part 9 of the ADG Code; or\n- (ii) an approval under section 106 .","sortOrder":136},{"sectionNumber":"sec.104","sectionType":"section","heading":"Duty of rail operators","content":"### sec.104 Duty of rail operators\n\nA rail operator must not use a rail vehicle to transport dangerous goods if the rail operator knows, or ought reasonably to know, that—\nthe vehicle is, in the same journey, transporting goods that are incompatible with the dangerous goods; and\nthe dangerous goods are not segregated from the incompatible goods in accordance with either—\npart 9 of the ADG Code; or\nan approval under section 106 .\nMaximum penalty—40 penalty units.\n- (a) the vehicle is, in the same journey, transporting goods that are incompatible with the dangerous goods; and\n- (b) the dangerous goods are not segregated from the incompatible goods in accordance with either— (i) part 9 of the ADG Code; or (ii) an approval under section 106 .\n- (i) part 9 of the ADG Code; or\n- (ii) an approval under section 106 .\n- (i) part 9 of the ADG Code; or\n- (ii) an approval under section 106 .","sortOrder":137},{"sectionNumber":"sec.105","sectionType":"section","heading":"Duty of drivers","content":"### sec.105 Duty of drivers\n\nA person must not drive a rail vehicle transporting dangerous goods if the person knows, or ought reasonably to know, that—\nthe vehicle is, in the same journey, transporting goods that are incompatible with the dangerous goods; and\nthe dangerous goods are not segregated from the incompatible goods in accordance with either—\npart 9 of the ADG Code; or\nan approval under section 106 .\nMaximum penalty—13 penalty units.\n- (a) the vehicle is, in the same journey, transporting goods that are incompatible with the dangerous goods; and\n- (b) the dangerous goods are not segregated from the incompatible goods in accordance with either— (i) part 9 of the ADG Code; or (ii) an approval under section 106 .\n- (i) part 9 of the ADG Code; or\n- (ii) an approval under section 106 .\n- (i) part 9 of the ADG Code; or\n- (ii) an approval under section 106 .","sortOrder":138},{"sectionNumber":"sec.106","sectionType":"section","heading":"Approval of methods of segregation","content":"### sec.106 Approval of methods of segregation\n\nThe chief executive may, on application under section 166 , approve a method of segregation, not complying with part 9 of the ADG Code, for transporting dangerous goods and goods that are incompatible with the dangerous goods, if the chief executive considers that—\nit is impracticable to segregate the dangerous goods from the incompatible goods by a segregation device, or method of segregation, complying with that part; and\nthe risk 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.\nIn giving an approval under subsection (1) , the chief executive may impose on the approval any condition necessary for the safe transport of dangerous goods.\nA person to whom an approval has been given under this section must not contravene a condition of the approval.\nMaximum penalty—40 penalty units.\n(sec.106-ssec.1) The chief executive may, on application under section 166 , approve a method of segregation, not complying with part 9 of the ADG Code, for transporting dangerous goods and goods that are incompatible with the dangerous goods, if the chief executive considers that— it is impracticable to segregate the dangerous goods from the incompatible goods by a segregation device, or method of segregation, complying with that part; and the risk 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(sec.106-ssec.2) In giving an approval under subsection (1) , the chief executive may impose on the approval any condition necessary for the safe transport of dangerous goods.\n(sec.106-ssec.3) A person to whom an approval has been given under this section must not contravene a condition of the approval. Maximum penalty—40 penalty units.\n- (a) it is impracticable to segregate the dangerous goods from the incompatible goods by a segregation device, or method of segregation, complying with that part; and\n- (b) the risk 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.","sortOrder":139},{"sectionNumber":"sec.107","sectionType":"section","heading":"Approval of design of type II segregation devices","content":"### sec.107 Approval of design of type II segregation devices\n\nThis section provides for the approval of the design of a type II segregation device for chapter 6.11 of the ADG Code.\nA person may apply to the chief executive for the approval of a design for a type II segregation device for use in the transport of dangerous goods.\nAn application for approval must—\nbe made under section 166 ; and\ninclude sufficient information to enable the chief executive to decide whether the design complies with chapter 6.11 of the ADG Code.\nThe chief executive may, on application under subsection (2) , approve a design for a type II segregation device if the design complies with chapter 6.11 of the ADG Code.\nIn giving an approval under subsection (4) , the chief executive may impose on the approval any condition necessary for the safe transport of dangerous goods.\nA person to whom an approval has been given under this section must not contravene a condition of the approval.\nMaximum penalty—40 penalty units.\n(sec.107-ssec.1) This section provides for the approval of the design of a type II segregation device for chapter 6.11 of the ADG Code.\n(sec.107-ssec.2) A person may apply to the chief executive for the approval of a design for a type II segregation device for use in the transport of dangerous goods.\n(sec.107-ssec.3) An application for approval must— be made under section 166 ; and include sufficient information to enable the chief executive to decide whether the design complies with chapter 6.11 of the ADG Code.\n(sec.107-ssec.4) The chief executive may, on application under subsection (2) , approve a design for a type II segregation device if the design complies with chapter 6.11 of the ADG Code.\n(sec.107-ssec.5) In giving an approval under subsection (4) , the chief executive may impose on the approval any condition necessary for the safe transport of dangerous goods.\n(sec.107-ssec.6) A person to whom an approval has been given under this section must not contravene a condition of the approval. Maximum penalty—40 penalty units.\n- (a) be made under section 166 ; and\n- (b) include sufficient information to enable the chief executive to decide whether the design complies with chapter 6.11 of the ADG Code.","sortOrder":140},{"sectionNumber":"pt.9-div.3","sectionType":"division","heading":"Separation and marshalling","content":"## Separation and marshalling","sortOrder":141},{"sectionNumber":"sec.108","sectionType":"section","heading":"Duties of rail operators","content":"### sec.108 Duties of rail operators\n\nA rail operator must not transport dangerous goods in or on a train with other goods if the rail operator knows, or ought reasonably to know—\nthe other goods are incompatible with the dangerous goods; and\nthe dangerous goods have not been separated from the other goods by the minimum distances stated in either—\npart 9 of the ADG Code; or\nan approval under section 110 .\nMaximum penalty—30 penalty units.\nA rail operator must not transport dangerous goods in or on a rail vehicle if the rail operator knows, or ought reasonably to know, the rail wagons comprising the rail vehicle have not been marshalled in accordance with either—\npart 9 of the ADG Code; or\nan approval under section 110 .\nMaximum penalty—30 penalty units.\n(sec.108-ssec.1) A rail operator must not transport dangerous goods in or on a train with other goods if the rail operator knows, or ought reasonably to know— the other goods are incompatible with the dangerous goods; and the dangerous goods have not been separated from the other goods by the minimum distances stated in either— part 9 of the ADG Code; or an approval under section 110 . Maximum penalty—30 penalty units.\n(sec.108-ssec.2) A rail operator must not transport dangerous goods in or on a rail vehicle if the rail operator knows, or ought reasonably to know, the rail wagons comprising the rail vehicle have not been marshalled in accordance with either— part 9 of the ADG Code; or an approval under section 110 . Maximum penalty—30 penalty units.\n- (a) the other goods are incompatible with the dangerous goods; and\n- (b) the dangerous goods have not been separated from the other goods by the minimum distances stated in either— (i) part 9 of the ADG Code; or (ii) an approval under section 110 .\n- (i) part 9 of the ADG Code; or\n- (ii) an approval under section 110 .\n- (i) part 9 of the ADG Code; or\n- (ii) an approval under section 110 .\n- (a) part 9 of the ADG Code; or\n- (b) an approval under section 110 .","sortOrder":142},{"sectionNumber":"sec.109","sectionType":"section","heading":"Duties of loaders","content":"### sec.109 Duties of loaders\n\nA person must not load dangerous goods in or on a rail vehicle with other goods if the person knows, or ought reasonably to know—\nthe other goods are incompatible with the dangerous goods; and\nthe dangerous goods have not been separated from the other goods by the minimum distances stated in either—\npart 9 of the ADG Code; or\nan approval under section 110 .\nMaximum penalty—15 penalty units.\nA person must not load dangerous goods in or on a rail vehicle if the person knows, or ought reasonably to know, the rail wagons comprising the rail vehicle have not been marshalled in accordance with either—\npart 9 of the ADG Code; or\nan approval under section 110 .\nMaximum penalty—15 penalty units.\n(sec.109-ssec.1) A person must not load dangerous goods in or on a rail vehicle with other goods if the person knows, or ought reasonably to know— the other goods are incompatible with the dangerous goods; and the dangerous goods have not been separated from the other goods by the minimum distances stated in either— part 9 of the ADG Code; or an approval under section 110 . Maximum penalty—15 penalty units.\n(sec.109-ssec.2) A person must not load dangerous goods in or on a rail vehicle if the person knows, or ought reasonably to know, the rail wagons comprising the rail vehicle have not been marshalled in accordance with either— part 9 of the ADG Code; or an approval under section 110 . Maximum penalty—15 penalty units.\n- (a) the other goods are incompatible with the dangerous goods; and\n- (b) the dangerous goods have not been separated from the other goods by the minimum distances stated in either— (i) part 9 of the ADG Code; or (ii) an approval under section 110 .\n- (i) part 9 of the ADG Code; or\n- (ii) an approval under section 110 .\n- (i) part 9 of the ADG Code; or\n- (ii) an approval under section 110 .\n- (a) part 9 of the ADG Code; or\n- (b) an approval under section 110 .","sortOrder":143},{"sectionNumber":"sec.110","sectionType":"section","heading":"Separation and marshalling approvals","content":"### sec.110 Separation and marshalling approvals\n\nThe chief executive may, on application under section 166 , approve a way of separating goods, or a way of marshalling of rail wagons, not complying with part 9 of the ADG Code for the transporting of dangerous goods and other goods that are incompatible with the dangerous goods, if the chief executive decides—\nuse of the way would not increase risk; or\nit is impracticable to separate the goods or marshal the rail wagons by a way of separation or marshalling stated in the part.\nIn giving an approval under subsection (1) , the chief executive may impose on the approval any condition necessary for the safe transport of dangerous goods.\nA person to whom an approval has been given under this section must not contravene a condition of the approval.\nMaximum penalty for subsection (3) —40 penalty units.\n(sec.110-ssec.1) The chief executive may, on application under section 166 , approve a way of separating goods, or a way of marshalling of rail wagons, not complying with part 9 of the ADG Code for the transporting of dangerous goods and other goods that are incompatible with the dangerous goods, if the chief executive decides— use of the way would not increase risk; or it is impracticable to separate the goods or marshal the rail wagons by a way of separation or marshalling stated in the part.\n(sec.110-ssec.2) In giving an approval under subsection (1) , the chief executive may impose on the approval any condition necessary for the safe transport of dangerous goods.\n(sec.110-ssec.3) A person to whom an approval has been given under this section must not contravene a condition of the approval. Maximum penalty for subsection (3) —40 penalty units.\n- (a) use of the way would not increase risk; or\n- (b) it is impracticable to separate the goods or marshal the rail wagons by a way of separation or marshalling stated in the part.","sortOrder":144},{"sectionNumber":"pt.10","sectionType":"part","heading":"Carriage of dangerous goods on passenger trains","content":"# Carriage of dangerous goods on passenger trains","sortOrder":145},{"sectionNumber":"sec.111","sectionType":"section","heading":"Duty of prime contractors and rail operators","content":"### sec.111 Duty of prime contractors and rail operators\n\nA prime contractor or rail operator must not transport a quantity of dangerous goods of a particular type in or on a passenger train, if—\nthe prime contractor or the rail operator knows, or ought reasonably to know, the quantity exceeds the quantity of dangerous goods of that type that may be transported in or on a passenger train as stated in part 9 of the ADG Code; and\nthe goods are not being transported in or on a part of the train used solely for the carriage of baggage, parcels or freight.\nMaximum penalty—30 penalty units.\n- (a) the prime contractor or the rail operator knows, or ought reasonably to know, the quantity exceeds the quantity of dangerous goods of that type that may be transported in or on a passenger train as stated in part 9 of the ADG Code; and\n- (b) the goods are not being transported in or on a part of the train used solely for the carriage of baggage, parcels or freight.","sortOrder":146},{"sectionNumber":"sec.112","sectionType":"section","heading":"Duties of passengers","content":"### sec.112 Duties of passengers\n\nA passenger on a train must not transport dangerous goods in a part of the train to which passengers have access, unless—\nthe transport of the goods is authorised by the relevant rail operator; or\nthe goods are reasonably necessary for use by the passenger on the passenger’s journey.\nMaximum penalty—30 penalty units.\nA passenger on a train must not transport dangerous goods of a particular type in a part of the train used solely for the carriage of baggage, parcels or freight, unless—\nthe quantity is not more than the quantity of dangerous goods of that type that may be transported in or on a passenger train as stated in part 9 of the ADG Code; and\nthe transport of the goods is authorised by the relevant rail operator.\nMaximum penalty—30 penalty units.\n(sec.112-ssec.1) A passenger on a train must not transport dangerous goods in a part of the train to which passengers have access, unless— the transport of the goods is authorised by the relevant rail operator; or the goods are reasonably necessary for use by the passenger on the passenger’s journey. Maximum penalty—30 penalty units.\n(sec.112-ssec.2) A passenger on a train must not transport dangerous goods of a particular type in a part of the train used solely for the carriage of baggage, parcels or freight, unless— the quantity is not more than the quantity of dangerous goods of that type that may be transported in or on a passenger train as stated in part 9 of the ADG Code; and the transport of the goods is authorised by the relevant rail operator. Maximum penalty—30 penalty units.\n- (a) the transport of the goods is authorised by the relevant rail operator; or\n- (b) the goods are reasonably necessary for use by the passenger on the passenger’s journey.\n- (a) the quantity is not more than the quantity of dangerous goods of that type that may be transported in or on a passenger train as stated in part 9 of the ADG Code; and\n- (b) the transport of the goods is authorised by the relevant rail operator.","sortOrder":147},{"sectionNumber":"pt.11","sectionType":"part","heading":"Bulk transfer of dangerous goods","content":"# Bulk transfer of dangerous goods","sortOrder":148},{"sectionNumber":"pt.11-div.1","sectionType":"division","heading":"General","content":"## General","sortOrder":149},{"sectionNumber":"sec.113","sectionType":"section","heading":"Definition for part","content":"### sec.113 Definition for part\n\nIn this part—\nbulk transfer means to transfer liquid, solid or gaseous goods—\nby gravity, pump or pressure differential; and\nusing pipework or a hose; and\ninto or out of—\na tank vehicle; or\na portable tank, demountable tank, bulk container, pressure drum, tube, MEGC or IBC that is on a tank vehicle.\n- (a) by gravity, pump or pressure differential; and\n- (b) using pipework or a hose; and\n- (c) into or out of— (i) a tank vehicle; or (ii) a portable tank, demountable tank, bulk container, pressure drum, tube, MEGC or IBC that is on a tank vehicle.\n- (i) a tank vehicle; or\n- (ii) a portable tank, demountable tank, bulk container, pressure drum, tube, MEGC or IBC that is on a tank vehicle.\n- (i) a tank vehicle; or\n- (ii) a portable tank, demountable tank, bulk container, pressure drum, tube, MEGC or IBC that is on a tank vehicle.","sortOrder":150},{"sectionNumber":"pt.11-div.2","sectionType":"division","heading":"Equipment and transfer","content":"## Equipment and transfer","sortOrder":151},{"sectionNumber":"sec.114","sectionType":"section","heading":"Definitions for division","content":"### sec.114 Definitions for division\n\nIn this division—\nprescribed dangerous goods means—\ndangerous goods of UN division 2.1 or subsidiary hazard 2.1; or\ndangerous goods of UN class 3 or subsidiary hazard 3.\nprescribed way means—\nfor the bulk transfer of prescribed dangerous goods—a way that—\ncomplies with chapter 10.2 of the ADG Code, to the extent the chapter is not inconsistent with subparagraph (ii) ; and\nensures the distance between a source of ignition and a hose connection point is at least—\nfor dangerous goods of UN division 2.1 or subsidiary hazard 2.1—10m; or\nfor dangerous goods of UN class 3 or subsidiary hazard 3—8m; or\nfor the bulk transfer of other dangerous goods—a way that complies with chapter 10.2 of the ADG Code.\n- (a) dangerous goods of UN division 2.1 or subsidiary hazard 2.1; or\n- (b) dangerous goods of UN class 3 or subsidiary hazard 3.\n- (a) for the bulk transfer of prescribed dangerous goods—a way that— (i) complies with chapter 10.2 of the ADG Code, to the extent the chapter is not inconsistent with subparagraph (ii) ; and (ii) ensures the distance between a source of ignition and a hose connection point is at least— (A) for dangerous goods of UN division 2.1 or subsidiary hazard 2.1—10m; or (B) for dangerous goods of UN class 3 or subsidiary hazard 3—8m; or\n- (i) complies with chapter 10.2 of the ADG Code, to the extent the chapter is not inconsistent with subparagraph (ii) ; and\n- (ii) ensures the distance between a source of ignition and a hose connection point is at least— (A) for dangerous goods of UN division 2.1 or subsidiary hazard 2.1—10m; or (B) for dangerous goods of UN class 3 or subsidiary hazard 3—8m; or\n- (A) for dangerous goods of UN division 2.1 or subsidiary hazard 2.1—10m; or\n- (B) for dangerous goods of UN class 3 or subsidiary hazard 3—8m; or\n- (b) for the bulk transfer of other dangerous goods—a way that complies with chapter 10.2 of the ADG Code.\n- (i) complies with chapter 10.2 of the ADG Code, to the extent the chapter is not inconsistent with subparagraph (ii) ; and\n- (ii) ensures the distance between a source of ignition and a hose connection point is at least— (A) for dangerous goods of UN division 2.1 or subsidiary hazard 2.1—10m; or (B) for dangerous goods of UN class 3 or subsidiary hazard 3—8m; or\n- (A) for dangerous goods of UN division 2.1 or subsidiary hazard 2.1—10m; or\n- (B) for dangerous goods of UN class 3 or subsidiary hazard 3—8m; or\n- (A) for dangerous goods of UN division 2.1 or subsidiary hazard 2.1—10m; or\n- (B) for dangerous goods of UN class 3 or subsidiary hazard 3—8m; or","sortOrder":152},{"sectionNumber":"sec.115","sectionType":"section","heading":"Duties of transferors—hose assemblies","content":"### sec.115 Duties of transferors—hose assemblies\n\nA 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 assembly is damaged or defective to the extent that it is not safe to use to transfer the goods.\nMaximum penalty—30 penalty units.\nA 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—\nhas not been constructed, assembled or maintained in accordance with chapter 10.1 of the ADG Code; or\nhas not been inspected or tested at the intervals, or in the way, required under that chapter; or\ndid not satisfy a test under that chapter.\nMaximum penalty—40 penalty units.\n(sec.115-ssec.1) A 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 assembly is damaged or defective to the extent that it is not safe to use to transfer the goods. Maximum penalty—30 penalty units.\n(sec.115-ssec.2) A 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— has not been constructed, assembled or maintained in accordance with chapter 10.1 of the ADG Code; or has not been inspected or tested at the intervals, or in the way, required under that chapter; or did not satisfy a test under that chapter. Maximum penalty—40 penalty units.\n- (a) has not been constructed, assembled or maintained in accordance with chapter 10.1 of the ADG Code; or\n- (b) has not been inspected or tested at the intervals, or in the way, required under that chapter; or\n- (c) did not satisfy a test under that chapter.","sortOrder":153},{"sectionNumber":"sec.116","sectionType":"section","heading":"Duties of transferors—general","content":"### sec.116 Duties of transferors—general\n\nA person must not bulk transfer dangerous goods unless the goods are transferred—\nin the prescribed way; and\nin a way that eliminates risk or, if it is not possible to eliminate risk, that minimises risk to the greatest practicable extent.\nMaximum penalty—20 penalty units.\nA person must not bulk transfer dangerous goods if the person knows, or ought reasonably to know, that—\nthe receptacle to which the goods are being or are to be transferred, or the equipment used or to be used to transfer the goods, is incompatible with the dangerous goods; or\nthe receptacle to which the goods are being or are to be transferred contains goods that are incompatible with the dangerous goods.\nMaximum penalty—20 penalty units.\nIf dangerous goods leak, spill or escape during a bulk transfer, the person transferring the goods—\nmust immediately stop transferring the goods; and\nmust take steps to eliminate risk or, if it is not possible to eliminate risk, to minimise risk to the greatest practicable extent; and\nmust not start transferring the goods again until the conditions causing the leak, spill or escape have been rectified.\nMaximum penalty—20 penalty units.\nIt is a defence to a prosecution for an offence against subsection (1) that the person complied with that subsection as far as practicable.\nSubsection (4) does not apply in relation to a contravention of a requirement mentioned in section 114 , definition prescribed way , paragraph (a) (ii) .\n(sec.116-ssec.1) A person must not bulk transfer dangerous goods unless the goods are transferred— in the prescribed way; and in a way that eliminates risk or, if it is not possible to eliminate risk, that minimises risk to the greatest practicable extent. Maximum penalty—20 penalty units.\n(sec.116-ssec.2) A person must not bulk transfer dangerous goods if the person knows, or ought reasonably to know, that— the receptacle to which the goods are being or are to be transferred, or the equipment used or to be used to transfer the goods, is incompatible with the dangerous goods; or the receptacle to which the goods are being or are to be transferred contains goods that are incompatible with the dangerous goods. Maximum penalty—20 penalty units.\n(sec.116-ssec.3) If dangerous goods leak, spill or escape during a bulk transfer, the person transferring the goods— must immediately stop transferring the goods; and must take steps to eliminate risk or, if it is not possible to eliminate risk, to minimise risk to the greatest practicable extent; and must not start transferring the goods again until the conditions causing the leak, spill or escape have been rectified. Maximum penalty—20 penalty units.\n(sec.116-ssec.4) It is a defence to a prosecution for an offence against subsection (1) that the person complied with that subsection as far as practicable.\n(sec.116-ssec.5) Subsection (4) does not apply in relation to a contravention of a requirement mentioned in section 114 , definition prescribed way , paragraph (a) (ii) .\n- (a) in the prescribed way; and\n- (b) in a way that eliminates risk or, if it is not possible to eliminate risk, that minimises risk to the greatest practicable extent.\n- (a) the receptacle to which the goods are being or are to be transferred, or the equipment used or to be used to transfer the goods, is incompatible with the dangerous goods; or\n- (b) the receptacle to which the goods are being or are to be transferred contains goods that are incompatible with the dangerous goods.\n- (a) must immediately stop transferring the goods; and\n- (b) must take steps to eliminate risk or, if it is not possible to eliminate risk, to minimise risk to the greatest practicable extent; and\n- (c) must not start transferring the goods again until the conditions causing the leak, spill or escape have been rectified.","sortOrder":154},{"sectionNumber":"sec.117","sectionType":"section","heading":"Duties of occupiers","content":"### sec.117 Duties of occupiers\n\nThe occupier of premises at which the bulk transfer of dangerous goods happens must not keep on the premises a hose assembly for use in the transfer (other than a hose assembly brought onto the premises on the vehicle involved in the transfer) that—\nhas not been constructed, assembled and maintained in accordance with chapter 10.1 of the ADG Code; or\nhas not been inspected and tested at the intervals, and in the way, required under that chapter; or\ndid not satisfy a test under that chapter.\nMaximum penalty—20 penalty units.\nThe occupier of premises at which the bulk transfer of dangerous goods happens must not transfer the goods, or permit the goods to be transferred, other than—\nin the prescribed way; and\nin a way that eliminates risk or, if it is not possible to eliminate risk, that minimises risk to the maximum extent that is practicable.\nMaximum penalty—40 penalty units.\nThe occupier of premises at which the bulk transfer of dangerous goods happens must keep, in accordance with section 10 .1.3.4 of the ADG Code, accurate records of all maintenance work, and each inspection and test, performed on the hose assembly.\nMaximum penalty—7 1 / 2 penalty units.\nIt is a defence to a prosecution for an offence against subsection (2) that the person complied with that subsection as far as practicable.\nSubsection (4) does not apply in relation to a contravention of a requirement mentioned in section 114 , definition prescribed way , paragraph (a) (ii) .\n(sec.117-ssec.1) The occupier of premises at which the bulk transfer of dangerous goods happens must not keep on the premises a hose assembly for use in the transfer (other than a hose assembly brought onto the premises on the vehicle involved in the transfer) that— has not been constructed, assembled and maintained in accordance with chapter 10.1 of the ADG Code; or has not been inspected and tested at the intervals, and in the way, required under that chapter; or did not satisfy a test under that chapter. Maximum penalty—20 penalty units.\n(sec.117-ssec.2) The occupier of premises at which the bulk transfer of dangerous goods happens must not transfer the goods, or permit the goods to be transferred, other than— in the prescribed way; and in a way that eliminates risk or, if it is not possible to eliminate risk, that minimises risk to the maximum extent that is practicable. Maximum penalty—40 penalty units.\n(sec.117-ssec.3) The occupier of premises at which the bulk transfer of dangerous goods happens must keep, in accordance with section 10 .1.3.4 of the ADG Code, accurate records of all maintenance work, and each inspection and test, performed on the hose assembly. Maximum penalty—7 1 / 2 penalty units.\n(sec.117-ssec.4) It is a defence to a prosecution for an offence against subsection (2) that the person complied with that subsection as far as practicable.\n(sec.117-ssec.5) Subsection (4) does not apply in relation to a contravention of a requirement mentioned in section 114 , definition prescribed way , paragraph (a) (ii) .\n- (a) has not been constructed, assembled and maintained in accordance with chapter 10.1 of the ADG Code; or\n- (b) has not been inspected and tested at the intervals, and in the way, required under that chapter; or\n- (c) did not satisfy a test under that chapter.\n- (a) in the prescribed way; and\n- (b) in a way that eliminates risk or, if it is not possible to eliminate risk, that minimises risk to the maximum extent that is practicable.","sortOrder":155},{"sectionNumber":"sec.118","sectionType":"section","heading":"Duties of prime contractors","content":"### sec.118 Duties of prime contractors\n\nA prime contractor must not use, or permit to be used, a hose assembly for the bulk transfer of dangerous goods (other than a hose assembly for which the prime contractor is not responsible) that—\nhas not been constructed, assembled and maintained in accordance with chapter 10.1 of the ADG Code; or\nhas not been inspected and tested at the intervals, and in the way, required under that chapter; or\ndid not satisfy a test under that chapter.\nMaximum penalty—20 penalty units.\nA prime contractor must not bulk transfer, or permit to be bulk transferred, dangerous goods unless the goods are transferred—\nin the prescribed way; and\nin a way that eliminates risk or, if it is not possible to eliminate risk, that minimises risk to the greatest practicable extent.\nMaximum penalty—40 penalty units.\nThe prime contractor must keep, in accordance with section 10 .1.3.4 of the ADG Code, accurate records of all maintenance work, and each inspection and test, performed on the hose assembly.\nMaximum penalty—7 1 / 2 penalty units.\nIt is a defence to a prosecution for an offence against subsection (2) that the prime contractor complied with that subsection as far as practicable.\nSubsection (4) does not apply in relation to a contravention of a requirement mentioned in section 114 , definition prescribed way , paragraph (a) (ii) .\n(sec.118-ssec.1) A prime contractor must not use, or permit to be used, a hose assembly for the bulk transfer of dangerous goods (other than a hose assembly for which the prime contractor is not responsible) that— has not been constructed, assembled and maintained in accordance with chapter 10.1 of the ADG Code; or has not been inspected and tested at the intervals, and in the way, required under that chapter; or did not satisfy a test under that chapter. Maximum penalty—20 penalty units.\n(sec.118-ssec.2) A prime contractor must not bulk transfer, or permit to be bulk transferred, dangerous goods unless the goods are transferred— in the prescribed way; and in a way that eliminates risk or, if it is not possible to eliminate risk, that minimises risk to the greatest practicable extent. Maximum penalty—40 penalty units.\n(sec.118-ssec.3) The prime contractor must keep, in accordance with section 10 .1.3.4 of the ADG Code, accurate records of all maintenance work, and each inspection and test, performed on the hose assembly. Maximum penalty—7 1 / 2 penalty units.\n(sec.118-ssec.4) It is a defence to a prosecution for an offence against subsection (2) that the prime contractor complied with that subsection as far as practicable.\n(sec.118-ssec.5) Subsection (4) does not apply in relation to a contravention of a requirement mentioned in section 114 , definition prescribed way , paragraph (a) (ii) .\n- (a) has not been constructed, assembled and maintained in accordance with chapter 10.1 of the ADG Code; or\n- (b) has not been inspected and tested at the intervals, and in the way, required under that chapter; or\n- (c) did not satisfy a test under that chapter.\n- (a) in the prescribed way; and\n- (b) in a way that eliminates risk or, if it is not possible to eliminate risk, that minimises risk to the greatest practicable extent.","sortOrder":156},{"sectionNumber":"sec.119","sectionType":"section","heading":"Duty of rail operators","content":"### sec.119 Duty of rail operators\n\nA rail operator must not use, or permit to be used, a hose assembly for the bulk transfer of the dangerous goods (other than a hose assembly for which the rail operator is not responsible) that—\nhas not been constructed, assembled and maintained in accordance with chapter 10.1 of the ADG Code; or\nhas not been inspected and tested at the intervals, and in the way, required under that chapter; or\ndid not satisfy a test under that chapter.\nMaximum penalty—40 penalty units.\n- (a) has not been constructed, assembled and maintained in accordance with chapter 10.1 of the ADG Code; or\n- (b) has not been inspected and tested at the intervals, and in the way, required under that chapter; or\n- (c) did not satisfy a test under that chapter.","sortOrder":157},{"sectionNumber":"pt.11-div.3","sectionType":"division","heading":"Filling ratio and ullage","content":"## Filling ratio and ullage","sortOrder":158},{"sectionNumber":"sec.120","sectionType":"section","heading":"Application of division","content":"### sec.120 Application of division\n\nThis division applies in relation to the bulk transfer of dangerous goods into a tank or a tank vehicle.","sortOrder":159},{"sectionNumber":"sec.121","sectionType":"section","heading":"Duties of transferors","content":"### sec.121 Duties of transferors\n\nA person must not bulk transfer dangerous goods into a tank or a tank vehicle if—\nfor dangerous goods of UN class 2 that are not in the form of refrigerated liquid—the quantity of the goods in the tank or tank of the tank vehicle is more than the maximum permitted filling ratio stated in section 10 .3.2 of the ADG Code; or\notherwise—the ullage in the tank or tank of the tank vehicle does not comply with section 10 .3.1 of the ADG Code.\nMaximum penalty—20 penalty units.\nA person must not bulk transfer other goods into a tank (the other goods tank ) of a tank vehicle if—\nthe person knows, or ought reasonably to know, that the other goods tank or another tank of the tank vehicle—\nis carrying dangerous goods; or\nis likely to carry dangerous goods before the other goods tank is emptied; and\nthe ullage in the other goods tank would not comply with section 10 .3.1 of the ADG Code if the other goods were dangerous goods.\nMaximum penalty—20 penalty units.\n(sec.121-ssec.1) A person must not bulk transfer dangerous goods into a tank or a tank vehicle if— for dangerous goods of UN class 2 that are not in the form of refrigerated liquid—the quantity of the goods in the tank or tank of the tank vehicle is more than the maximum permitted filling ratio stated in section 10 .3.2 of the ADG Code; or otherwise—the ullage in the tank or tank of the tank vehicle does not comply with section 10 .3.1 of the ADG Code. Maximum penalty—20 penalty units.\n(sec.121-ssec.2) A person must not bulk transfer other goods into a tank (the other goods tank ) of a tank vehicle if— the person knows, or ought reasonably to know, that the other goods tank or another tank of the tank vehicle— is carrying dangerous goods; or is likely to carry dangerous goods before the other goods tank is emptied; and the ullage in the other goods tank would not comply with section 10 .3.1 of the ADG Code if the other goods were dangerous goods. Maximum penalty—20 penalty units.\n- (a) for dangerous goods of UN class 2 that are not in the form of refrigerated liquid—the quantity of the goods in the tank or tank of the tank vehicle is more than the maximum permitted filling ratio stated in section 10 .3.2 of the ADG Code; or\n- (b) otherwise—the ullage in the tank or tank of the tank vehicle does not comply with section 10 .3.1 of the ADG Code.\n- (a) the person knows, or ought reasonably to know, that the other goods tank or another tank of the tank vehicle— (i) is carrying dangerous goods; or (ii) is likely to carry dangerous goods before the other goods tank is emptied; and\n- (i) is carrying dangerous goods; or\n- (ii) is likely to carry dangerous goods before the other goods tank is emptied; and\n- (b) the ullage in the other goods tank would not comply with section 10 .3.1 of the ADG Code if the other goods were dangerous goods.\n- (i) is carrying dangerous goods; or\n- (ii) is likely to carry dangerous goods before the other goods tank is emptied; and","sortOrder":160},{"sectionNumber":"sec.122","sectionType":"section","heading":"Duties of prime contractors and rail operators","content":"### sec.122 Duties of prime contractors and rail operators\n\nA prime contractor or rail operator must not transport dangerous goods in a tank or a tank vehicle if—\nfor dangerous goods of UN class 2 that are not in the form of refrigerated liquid—the quantity of goods in the tank or tank of the tank vehicle is more than the maximum permitted filling ratio stated in section 10 .3.2 of the ADG Code; or\notherwise—the ullage in the tank or tank of the tank vehicle does not comply with section 10 .3.1 of the ADG Code.\nMaximum penalty—20 penalty units.\nAlso, a prime contractor or rail operator must not transport other goods in a tank (the other goods tank ) of a tank vehicle if—\nthe prime contractor or rail operator uses the other goods tank to transport dangerous goods at the same time; and\nthe ullage in the other goods tank would not comply with section 10 .3.1 of the ADG Code if the other goods were dangerous goods.\nMaximum penalty—20 penalty units.\n(sec.122-ssec.1) A prime contractor or rail operator must not transport dangerous goods in a tank or a tank vehicle if— for dangerous goods of UN class 2 that are not in the form of refrigerated liquid—the quantity of goods in the tank or tank of the tank vehicle is more than the maximum permitted filling ratio stated in section 10 .3.2 of the ADG Code; or otherwise—the ullage in the tank or tank of the tank vehicle does not comply with section 10 .3.1 of the ADG Code. Maximum penalty—20 penalty units.\n(sec.122-ssec.2) Also, a prime contractor or rail operator must not transport other goods in a tank (the other goods tank ) of a tank vehicle if— the prime contractor or rail operator uses the other goods tank to transport dangerous goods at the same time; and the ullage in the other goods tank would not comply with section 10 .3.1 of the ADG Code if the other goods were dangerous goods. Maximum penalty—20 penalty units.\n- (a) for dangerous goods of UN class 2 that are not in the form of refrigerated liquid—the quantity of goods in the tank or tank of the tank vehicle is more than the maximum permitted filling ratio stated in section 10 .3.2 of the ADG Code; or\n- (b) otherwise—the ullage in the tank or tank of the tank vehicle does not comply with section 10 .3.1 of the ADG Code.\n- (a) the prime contractor or rail operator uses the other goods tank to transport dangerous goods at the same time; and\n- (b) the ullage in the other goods tank would not comply with section 10 .3.1 of the ADG Code if the other goods were dangerous goods.","sortOrder":161},{"sectionNumber":"sec.123","sectionType":"section","heading":"Duties of drivers","content":"### sec.123 Duties of drivers\n\nA person must not drive a rail vehicle that is transporting dangerous goods in a tank or a tank vehicle if the person knows, or ought reasonably to know, that—\nfor dangerous goods of UN class 2 that are not in the form of refrigerated liquid—the quantity of goods in the tank or tank of the tank vehicle is more than the maximum permitted filling ratio stated in section 10 .3.2 of the ADG Code; or\notherwise—the ullage in the tank or tank of the tank vehicle does not comply with section 10 .3.1 of the ADG Code.\nMaximum penalty—20 penalty units.\nA person must not drive a rail vehicle if—\nthe vehicle is transporting—\ngoods (the other goods ) that are not dangerous goods in a tank (the other goods tank ), including in a tank vehicle; and\ndangerous goods in the other goods tank or another tank, including in another tank vehicle, at the same time; and\nthe person knows, or ought reasonably to know, that the ullage in the other goods tank would not comply with section 10 .3.1 of the ADG Code if the other goods were dangerous goods.\nMaximum penalty—20 penalty units.\n(sec.123-ssec.1) A person must not drive a rail vehicle that is transporting dangerous goods in a tank or a tank vehicle if the person knows, or ought reasonably to know, that— for dangerous goods of UN class 2 that are not in the form of refrigerated liquid—the quantity of goods in the tank or tank of the tank vehicle is more than the maximum permitted filling ratio stated in section 10 .3.2 of the ADG Code; or otherwise—the ullage in the tank or tank of the tank vehicle does not comply with section 10 .3.1 of the ADG Code. Maximum penalty—20 penalty units.\n(sec.123-ssec.2) A person must not drive a rail vehicle if— the vehicle is transporting— goods (the other goods ) that are not dangerous goods in a tank (the other goods tank ), including in a tank vehicle; and dangerous goods in the other goods tank or another tank, including in another tank vehicle, at the same time; and the person knows, or ought reasonably to know, that the ullage in the other goods tank would not comply with section 10 .3.1 of the ADG Code if the other goods were dangerous goods. Maximum penalty—20 penalty units.\n- (a) for dangerous goods of UN class 2 that are not in the form of refrigerated liquid—the quantity of goods in the tank or tank of the tank vehicle is more than the maximum permitted filling ratio stated in section 10 .3.2 of the ADG Code; or\n- (b) otherwise—the ullage in the tank or tank of the tank vehicle does not comply with section 10 .3.1 of the ADG Code.\n- (a) the vehicle is transporting— (i) goods (the other goods ) that are not dangerous goods in a tank (the other goods tank ), including in a tank vehicle; and (ii) dangerous goods in the other goods tank or another tank, including in another tank vehicle, at the same time; and\n- (i) goods (the other goods ) that are not dangerous goods in a tank (the other goods tank ), including in a tank vehicle; and\n- (ii) dangerous goods in the other goods tank or another tank, including in another tank vehicle, at the same time; and\n- (b) the person knows, or ought reasonably to know, that the ullage in the other goods tank would not comply with section 10 .3.1 of the ADG Code if the other goods were dangerous goods.\n- (i) goods (the other goods ) that are not dangerous goods in a tank (the other goods tank ), including in a tank vehicle; and\n- (ii) dangerous goods in the other goods tank or another tank, including in another tank vehicle, at the same time; and","sortOrder":162},{"sectionNumber":"pt.12","sectionType":"part","heading":"Documentation","content":"# Documentation","sortOrder":163},{"sectionNumber":"pt.12-div.1","sectionType":"division","heading":"Transport documentation","content":"## Transport documentation","sortOrder":164},{"sectionNumber":"sec.124","sectionType":"section","heading":"False or misleading information","content":"### sec.124 False or misleading information\n\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.\na person named as consignor of the dangerous goods if the person is not the consignor of the goods\nMaximum penalty—40 penalty units.\nIt is enough for a complaint against a person for an offence against subsection (1) to state that the information was false or misleading to the person’s knowledge.\n(sec.124-ssec.1) A 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. a person named as consignor of the dangerous goods if the person is not the consignor of the goods Maximum penalty—40 penalty units.\n(sec.124-ssec.2) It is enough for a complaint against a person for an offence against subsection (1) to state that the information was false or misleading to the person’s knowledge.","sortOrder":165},{"sectionNumber":"sec.125","sectionType":"section","heading":"Duty of consignors","content":"### sec.125 Duty of consignors\n\nA person must not consign dangerous goods for transport unless the prime contractor or the rail operator has transport documentation complying with chapter 11.1 of the ADG Code for the goods.\nMaximum penalty—40 penalty units.\nFor subsection (1) , the prime contractor or the rail operator is to be taken to have transport documentation if the contents of the documentation have been communicated to the prime contractor or the rail operator by means of electronic data processing or electronic data interchange.\n(sec.125-ssec.1) A person must not consign dangerous goods for transport unless the prime contractor or the rail operator has transport documentation complying with chapter 11.1 of the ADG Code for the goods. Maximum penalty—40 penalty units.\n(sec.125-ssec.2) For subsection (1) , the prime contractor or the rail operator is to be taken to have transport documentation if the contents of the documentation have been communicated to the prime contractor or the rail operator by means of electronic data processing or electronic data interchange.","sortOrder":166},{"sectionNumber":"sec.126","sectionType":"section","heading":"Duties of prime contractors","content":"### sec.126 Duties of prime contractors\n\nA prime contractor must not permit a person to drive a rail vehicle used by the prime contractor to transport dangerous goods if the person has not been given transport documentation complying with chapter 11.1 of the ADG Code for the goods.\nMaximum penalty—40 penalty units.\nFor subsection (1) , the person is to be taken to have been given the transport documentation if the contents of the documentation have been communicated to the person by means of electronic data processing or electronic data interchange.\nAlso, the prime contractor must—\nkeep the transport documentation, or a copy of the documentation, in a legible form for at least 3 months after the prime contractor transports the goods; and\nproduce the documentation or copy during the 3 months if asked by an authorised person.\nMaximum penalty—40 penalty units.\ns 126 amd 2023 SL No. 171 s 8\n(sec.126-ssec.1) A prime contractor must not permit a person to drive a rail vehicle used by the prime contractor to transport dangerous goods if the person has not been given transport documentation complying with chapter 11.1 of the ADG Code for the goods. Maximum penalty—40 penalty units.\n(sec.126-ssec.2) For subsection (1) , the person is to be taken to have been given the transport documentation if the contents of the documentation have been communicated to the person by means of electronic data processing or electronic data interchange.\n(sec.126-ssec.3) Also, the prime contractor must— keep the transport documentation, or a copy of the documentation, in a legible form for at least 3 months after the prime contractor transports the goods; and produce the documentation or copy during the 3 months if asked by an authorised person. Maximum penalty—40 penalty units.\n- (a) keep the transport documentation, or a copy of the documentation, in a legible form for at least 3 months after the prime contractor transports the goods; and\n- (b) produce the documentation or copy during the 3 months if asked by an authorised person.","sortOrder":167},{"sectionNumber":"sec.127","sectionType":"section","heading":"Duty of rail operators","content":"### sec.127 Duty of rail operators\n\nA rail operator must not transport dangerous goods unless the driver of the rail vehicle transporting the goods has been given transport documentation complying with chapter 11.1 of the ADG Code for the goods.\nMaximum penalty—20 penalty units.\nFor subsection (1) , the driver is to be taken to have been given the transport documentation if the contents of the documentation have been communicated to the driver by means of electronic data processing or electronic data interchange.\n(sec.127-ssec.1) A rail operator must not transport dangerous goods unless the driver of the rail vehicle transporting the goods has been given transport documentation complying with chapter 11.1 of the ADG Code for the goods. Maximum penalty—20 penalty units.\n(sec.127-ssec.2) For subsection (1) , the driver is to be taken to have been given the transport documentation if the contents of the documentation have been communicated to the driver by means of electronic data processing or electronic data interchange.","sortOrder":168},{"sectionNumber":"sec.128","sectionType":"section","heading":"Duties of drivers","content":"### sec.128 Duties of drivers\n\nA person must not drive a rail vehicle that the person knows, or ought reasonably to know, is transporting dangerous goods, if the person does not have transport documentation complying with chapter 11.1 of the ADG Code for the goods.\nMaximum penalty—40 penalty units.\nA relevant emergency service officer or an authorised person may ask the driver of a rail vehicle transporting dangerous goods to give the transport documentation for the goods for inspection by the officer or person.\nThe driver must comply with the request, unless the driver has a reasonable excuse.\nMaximum penalty—40 penalty units.\nThis section does not apply to a person driving a rail vehicle transporting dangerous goods if the driver 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 the operations.\n(sec.128-ssec.1) A person must not drive a rail vehicle that the person knows, or ought reasonably to know, is transporting dangerous goods, if the person does not have transport documentation complying with chapter 11.1 of the ADG Code for the goods. Maximum penalty—40 penalty units.\n(sec.128-ssec.2) A relevant emergency service officer or an authorised person may ask the driver of a rail vehicle transporting dangerous goods to give the transport documentation for the goods for inspection by the officer or person.\n(sec.128-ssec.3) The driver must comply with the request, unless the driver has a reasonable excuse. Maximum penalty—40 penalty units.\n(sec.128-ssec.4) This section does not apply to a person driving a rail vehicle transporting dangerous goods if the driver 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 the operations.","sortOrder":169},{"sectionNumber":"pt.12-div.2","sectionType":"division","heading":"Emergency information","content":"## Emergency information","sortOrder":170},{"sectionNumber":"sec.129","sectionType":"section","heading":"Definition for division","content":"### sec.129 Definition for division\n\nIn this division—\nrequired emergency information , for dangerous goods, means—\nemergency information complying with chapter 11.2 of the ADG Code for the goods; or\nemergency information approved under section 134 for the goods.\n- (a) emergency information complying with chapter 11.2 of the ADG Code for the goods; or\n- (b) emergency information approved under section 134 for the goods.","sortOrder":171},{"sectionNumber":"sec.130","sectionType":"section","heading":"Duty of consignors","content":"### sec.130 Duty of consignors\n\nA person must not consign a placard load for transport in or on a rail vehicle if the person knows, or ought reasonably to know, that the required emergency information for the dangerous goods in the load is not in the driver’s cab of the rail vehicle.\nMaximum penalty—13 penalty units.","sortOrder":172},{"sectionNumber":"sec.131","sectionType":"section","heading":"Duty of prime contractors","content":"### sec.131 Duty of prime contractors\n\nA prime contractor must not use a rail vehicle to transport a placard load if the required emergency information for the dangerous goods in the load is not in the driver’s cab of the rail vehicle.\nMaximum penalty—20 penalty units.","sortOrder":173},{"sectionNumber":"sec.132","sectionType":"section","heading":"Duty of rail operators","content":"### sec.132 Duty of rail operators\n\nA rail operator must not transport a placard load in or on a rail vehicle if the required emergency information for the dangerous goods in the load is not in the driver’s cab of the rail vehicle.\nMaximum penalty—20 penalty units.\nSubsection (1) does not apply if—\na rail vehicle transporting a placard load is involved in shunting operations; and\nthe required emergency information for the dangerous goods in the load is readily available elsewhere in the immediate vicinity of the operations.\n(sec.132-ssec.1) A rail operator must not transport a placard load in or on a rail vehicle if the required emergency information for the dangerous goods in the load is not in the driver’s cab of the rail vehicle. Maximum penalty—20 penalty units.\n(sec.132-ssec.2) Subsection (1) does not apply if— a rail vehicle transporting a placard load 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 the operations.\n- (a) a rail vehicle transporting a placard load is involved in shunting operations; and\n- (b) the required emergency information for the dangerous goods in the load is readily available elsewhere in the immediate vicinity of the operations.","sortOrder":174},{"sectionNumber":"sec.133","sectionType":"section","heading":"Duties of drivers","content":"### sec.133 Duties of drivers\n\nA person must not drive a rail vehicle transporting a placard load unless the required emergency information for the dangerous goods in the load is in the driver’s cab of the rail vehicle.\nMaximum penalty—13 penalty units.\nA relevant emergency service officer or an authorised person may ask the driver transporting a placard load to produce the required emergency information for the dangerous goods in the load for inspection by the officer or person.\nThe driver must comply with the request, unless the driver has a reasonable excuse.\nMaximum penalty—6 1 / 2 penalty units.\nSubsections (1) and (2) do not apply to a person driving a rail vehicle transporting a placard load if—\nthe person is in a depot or yard, or is engaged in shunting operations; and\nthe required emergency information for the goods is readily available elsewhere in the immediate vicinity of the depot, yard or the operations.\n(sec.133-ssec.1) A person must not drive a rail vehicle transporting a placard load unless the required emergency information for the dangerous goods in the load is in the driver’s cab of the rail vehicle. Maximum penalty—13 penalty units.\n(sec.133-ssec.2) A relevant emergency service officer or an authorised person may ask the driver transporting a placard load to produce the required emergency information for the dangerous goods in the load for inspection by the officer or person.\n(sec.133-ssec.3) The driver must comply with the request, unless the driver has a reasonable excuse. Maximum penalty—6 1 / 2 penalty units.\n(sec.133-ssec.4) Subsections (1) and (2) do not apply to a person driving a rail vehicle transporting a placard load if— the person is in a depot or yard, or is engaged in shunting operations; and the required emergency information for the goods is readily available elsewhere in the immediate vicinity of the depot, yard or the operations.\n- (a) the person is in a depot or yard, or is engaged in shunting operations; and\n- (b) the required emergency information for the goods is readily available elsewhere in the immediate vicinity of the depot, yard or the operations.","sortOrder":175},{"sectionNumber":"sec.134","sectionType":"section","heading":"Approval of emergency information","content":"### sec.134 Approval of emergency information\n\nThe chief executive may, on application under section 166 or on the chief executive’s own initiative, approve emergency information that does not comply with chapter 11.2 of the ADG Code if the chief executive considers that use of the information would be as accurate, and at least as convenient and efficient, as information complying with the chapter.","sortOrder":176},{"sectionNumber":"pt.12-div.2A","sectionType":"division","heading":"Dangerous goods packed in limited quantities","content":"## Dangerous goods packed in limited quantities","sortOrder":177},{"sectionNumber":"sec.134A","sectionType":"section","heading":"Duty of consignors","content":"### sec.134A Duty of consignors\n\nA person must not consign dangerous goods 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.\nMaximum penalty—40 penalty units.\ns 134A ins 2020 SL No. 220 s 15","sortOrder":178},{"sectionNumber":"sec.134B","sectionType":"section","heading":"Duty of prime contractors","content":"### sec.134B Duty of prime contractors\n\nA prime contractor who receives information under section 134A must ensure the information is readily ascertainable during transport of the dangerous goods.\nMaximum penalty—40 penalty units.\ns 134B ins 2020 SL No. 220 s 15","sortOrder":179},{"sectionNumber":"sec.134C","sectionType":"section","heading":"False or misleading information","content":"### sec.134C False or misleading information\n\nA person must not, under section 134A , give a prime contractor information the person knows, or ought reasonably to know, is false or misleading in a material particular.\nMaximum penalty—40 penalty units.\ns 134C ins 2020 SL No. 220 s 15","sortOrder":180},{"sectionNumber":"pt.12-div.3","sectionType":"division","heading":"Prior notice for specific dangerous goods","content":"## Prior notice for specific dangerous goods","sortOrder":181},{"sectionNumber":"sec.135","sectionType":"section","heading":"Duty of consignors","content":"### sec.135 Duty of consignors\n\nA person must not consign dangerous goods of UN class 1, UN division 6.2 or UN class 7 for transport unless the person has—\ngiven the relevant rail operator notice of the consignment before consigning the dangerous goods; and\nbeen advised by the relevant rail operator that the goods can be transported.\nMaximum penalty—30 penalty units.\n- (a) given the relevant rail operator notice of the consignment before consigning the dangerous goods; and\n- (b) been advised by the relevant rail operator that the goods can be transported.","sortOrder":182},{"sectionNumber":"sec.136","sectionType":"section","heading":"Duty of rail operators","content":"### sec.136 Duty of rail operators\n\nA rail operator must, if required by the owner of the track on which dangerous goods of UN class 1, UN division 6.2 or UN class 7 are to be transported, give notice to the owner about the transport of the goods on the track before the goods are transported on the track.\nMaximum penalty—30 penalty units.","sortOrder":183},{"sectionNumber":"sec.137","sectionType":"section","heading":"Duty of prime contractors","content":"### sec.137 Duty of prime contractors\n\nA prime contractor must, if required by the owner of the track on which dangerous goods of UN class 1, UN division 6.2 or UN class 7 are to be transported, give notice to the owner about the transport of the goods on the track before the goods are transported on the track.\nMaximum penalty—30 penalty units.","sortOrder":184},{"sectionNumber":"pt.13","sectionType":"part","heading":"Procedures during transport","content":"# Procedures during transport","sortOrder":185},{"sectionNumber":"pt.13-div.1","sectionType":"division","heading":"Immobilised rail vehicles","content":"## Immobilised rail vehicles","sortOrder":186},{"sectionNumber":"sec.138","sectionType":"section","heading":"Duty of drivers","content":"### sec.138 Duty of drivers\n\nIf a rail vehicle transporting a placard load fails or is otherwise immobilised, the driver of the vehicle must alert the train controller for the vehicle.\nMaximum penalty—7 1 / 2 penalty units.","sortOrder":187},{"sectionNumber":"sec.139","sectionType":"section","heading":"Duty of rail operators","content":"### sec.139 Duty of rail operators\n\nIf a rail vehicle transporting a placard load fails or is otherwise immobilised, the rail operator must, as soon as practicable—\ninform the owner of the section of track on which the vehicle has failed or is otherwise immobilised; and\ntake all other appropriate steps to ensure that a dangerous situation does not arise.\nMaximum penalty—15 penalty units.\n- (a) inform the owner of the section of track on which the vehicle has failed or is otherwise immobilised; and\n- (b) take all other appropriate steps to ensure that a dangerous situation does not arise.","sortOrder":188},{"sectionNumber":"pt.13-div.2","sectionType":"division","heading":"Unloading at unattended places","content":"## Unloading at unattended places","sortOrder":189},{"sectionNumber":"sec.140","sectionType":"section","heading":"Duty of rail operators","content":"### sec.140 Duty of rail operators\n\nA rail operator must not allow dangerous goods being transported to be delivered at a location that is not attended by railway personnel, other than the crew of the rail vehicle transporting the goods, unless—\nthe consignee of the goods or a person acting for the consignee, is at the location to receive the goods; or\nthe consignee of the goods has agreed, in writing, with the rail operator for the rail operator to deliver the goods at a secure location and the goods are unloaded at the location.\nMaximum penalty—15 penalty units.\nIn this section—\nsecure location , for the delivery of goods, means a location to which it may reasonably be expected that unauthorised persons will not gain access including by having regard to—\nthe nature of the location; and\nthe nature of the goods; and\nthe type of any container or rail wagon in which the goods are stored.\n(sec.140-ssec.1) A rail operator must not allow dangerous goods being transported to be delivered at a location that is not attended by railway personnel, other than the crew of the rail vehicle transporting the goods, unless— the consignee of the goods or a person acting for the consignee, is at the location to receive the goods; or the consignee of the goods has agreed, in writing, with the rail operator for the rail operator to deliver the goods at a secure location and the goods are unloaded at the location. Maximum penalty—15 penalty units.\n(sec.140-ssec.2) In this section— secure location , for the delivery of goods, means a location to which it may reasonably be expected that unauthorised persons will not gain access including by having regard to— the nature of the location; and the nature of the goods; and the type of any container or rail wagon in which the goods are stored.\n- (a) the consignee of the goods or a person acting for the consignee, is at the location to receive the goods; or\n- (b) the consignee of the goods has agreed, in writing, with the rail operator for the rail operator to deliver the goods at a secure location and the goods are unloaded at the location.\n- (a) the nature of the location; and\n- (b) the nature of the goods; and\n- (c) the type of any container or rail wagon in which the goods are stored.","sortOrder":190},{"sectionNumber":"pt.14","sectionType":"part","heading":"Emergencies","content":"# Emergencies","sortOrder":191},{"sectionNumber":"pt.14-div.1","sectionType":"division","heading":"Emergencies generally","content":"## Emergencies generally","sortOrder":192},{"sectionNumber":"sec.141","sectionType":"section","heading":"Duties of drivers and rail operators for dangerous situation","content":"### sec.141 Duties of drivers and rail operators for dangerous situation\n\nThis section applies if a rail vehicle transporting dangerous goods is involved in an incident resulting in a dangerous situation.\nThe driver of the rail vehicle must—\nnotify the rail operator of the incident as soon as practicable; and\nprovide any reasonable assistance required by an authorised person, or a relevant emergency service officer, to deal with the situation.\nMaximum penalty—13 penalty units.\nOn being notified by the driver of the incident, the rail operator must—\nnotify the prime contractor, the chief executive, and the Queensland Police Service or the Queensland Fire and Rescue Service, of the incident as soon as practicable, but not more than 24 hours after the incident; and\nprovide any reasonable assistance required by an authorised person, or a relevant emergency service officer, to deal with the situation.\nMaximum penalty—13 penalty units.\n(sec.141-ssec.1) This section applies if a rail vehicle transporting dangerous goods is involved in an incident resulting in a dangerous situation.\n(sec.141-ssec.2) The driver of the rail vehicle must— notify the rail operator of the incident as soon as practicable; and provide any reasonable assistance required by an authorised person, or a relevant emergency service officer, to deal with the situation. Maximum penalty—13 penalty units.\n(sec.141-ssec.3) On being notified by the driver of the incident, the rail operator must— notify the prime contractor, the chief executive, and the Queensland Police Service or the Queensland Fire and Rescue Service, of the incident as soon as practicable, but not more than 24 hours after the incident; and provide any reasonable assistance required by an authorised person, or a relevant emergency service officer, to deal with the situation. Maximum penalty—13 penalty units.\n- (a) notify the rail operator of the incident as soon as practicable; and\n- (b) provide any reasonable assistance required by an authorised person, or a relevant emergency service officer, to deal with the situation.\n- (a) notify the prime contractor, the chief executive, and the Queensland Police Service or the Queensland Fire and Rescue Service, of the incident as soon as practicable, but not more than 24 hours after the incident; and\n- (b) provide any reasonable assistance required by an authorised person, or a relevant emergency service officer, to deal with the situation.","sortOrder":193},{"sectionNumber":"sec.142","sectionType":"section","heading":"Duties of prime contractors and rail operators—food or food packaging","content":"### sec.142 Duties of prime contractors and rail operators—food or food packaging\n\nThis section applies if—\nan incident involving a rail vehicle transporting dangerous goods results in the leakage, spillage or escape of the dangerous goods, or in a fire or explosion; and\nthere is food or food packaging in the vicinity of the incident that is within the control of a prime contractor or rail operator.\nThe prime contractor must not remove, or permit to be removed, the food or food packaging from the site of the incident unless the chief executive has given permission to the prime contractor to transport the food or food packaging from the site.\nMaximum penalty—40 penalty units.\nThe rail operator must—\nnotify the chief executive of the incident as soon as is practicable after the incident; and\ndeal with the food or food packaging as directed by the chief executive.\nMaximum penalty—13 penalty units.\nA permission under subsection (2) or a direction under subsection (3) —\nmust be in writing; and\nmust state the name of the person to whom it is given; and\nmust identify the relevant incident; and\nmust identify the food or food packaging to which it relates; and\nmust take into consideration any requirements of the appropriate food and health authorities; and\nmay contain any other information that the chief executive considers necessary.\n(sec.142-ssec.1) This section applies if— an incident involving a rail vehicle transporting dangerous goods results in the leakage, spillage or escape of the dangerous goods, or in a fire or explosion; and there is food or food packaging in the vicinity of the incident that is within the control of a prime contractor or rail operator.\n(sec.142-ssec.2) The prime contractor must not remove, or permit to be removed, the food or food packaging from the site of the incident unless the chief executive has given permission to the prime contractor to transport the food or food packaging from the site. Maximum penalty—40 penalty units.\n(sec.142-ssec.3) The rail operator must— notify the chief executive of the incident as soon as is practicable after the incident; and deal with the food or food packaging as directed by the chief executive. Maximum penalty—13 penalty units.\n(sec.142-ssec.4) A permission under subsection (2) or a direction under subsection (3) — must be in writing; and must state the name of the person to whom it is given; and must identify the relevant incident; and must identify the food or food packaging to which it relates; and must take into consideration any requirements of the appropriate food and health authorities; and may contain any other information that the chief executive considers necessary.\n- (a) an incident involving a rail vehicle transporting dangerous goods results in the leakage, spillage or escape of the dangerous goods, or in a fire or explosion; and\n- (b) there is food or food packaging in the vicinity of the incident that is within the control of a prime contractor or rail operator.\n- (a) notify the chief executive of the incident as soon as is practicable after the incident; and\n- (b) deal with the food or food packaging as directed by the chief executive.\n- (a) must be in writing; and\n- (b) must state the name of the person to whom it is given; and\n- (c) must identify the relevant incident; and\n- (d) must identify the food or food packaging to which it relates; and\n- (e) must take into consideration any requirements of the appropriate food and health authorities; and\n- (f) may contain any other information that the chief executive considers necessary.","sortOrder":194},{"sectionNumber":"sec.143","sectionType":"section","heading":"Duties of prime contractors and rail operators to inform chief executive","content":"### sec.143 Duties of prime contractors and rail operators to inform chief executive\n\nThis section applies if a rail vehicle transporting dangerous goods is involved in an incident resulting in a dangerous situation.\nAs soon as practicable, but not more than 24 hours after becoming aware of the incident, the prime contractor or the rail operator for the transport of the goods must provide the chief executive and the owner of the track on which the incident happened with the following details about the incident—\nwhere the incident happened;\nthe time and day of the incident;\nthe nature of the incident;\nthe dangerous goods being transported when the incident happened;\nany other details the chief executive may reasonably require.\nMaximum penalty—20 penalty units.\nWithin 21 days after the day the incident happens, the prime contractor or the rail operator must give to the chief executive a written report about the incident stating the following—\nwhere the incident happened;\nthe time and day of the incident;\nthe nature of the incident;\nwhat the driver of the rail vehicle believes to be the likely cause of the incident;\nwhat the prime contractor or the rail operator believes to be the likely cause of the incident;\nthe dangerous goods being transported when the incident happened;\nthe measures taken to control a leak, spill or escape of dangerous goods and a fire or explosion, arising out of the incident;\nthe measures taken after the incident in relation to the dangerous goods involved in the incident.\nMaximum penalty—20 penalty units.\n(sec.143-ssec.1) This section applies if a rail vehicle transporting dangerous goods is involved in an incident resulting in a dangerous situation.\n(sec.143-ssec.2) As soon as practicable, but not more than 24 hours after becoming aware of the incident, the prime contractor or the rail operator for the transport of the goods must provide the chief executive and the owner of the track on which the incident happened with the following details about the incident— where the incident happened; the time and day of the incident; the nature of the incident; the dangerous goods being transported when the incident happened; any other details the chief executive may reasonably require. Maximum penalty—20 penalty units.\n(sec.143-ssec.3) Within 21 days after the day the incident happens, the prime contractor or the rail operator must give to the chief executive a written report about the incident stating the following— where the incident happened; the time and day of the incident; the nature of the incident; what the driver of the rail vehicle believes to be the likely cause of the incident; what the prime contractor or the rail operator believes to be the likely cause of the incident; the dangerous goods being transported when the incident happened; the measures taken to control a leak, spill or escape of dangerous goods and a fire or explosion, arising out of the incident; the measures taken after the incident in relation to the dangerous goods involved in the incident. Maximum penalty—20 penalty units.\n- (a) where the incident happened;\n- (b) the time and day of the incident;\n- (c) the nature of the incident;\n- (d) the dangerous goods being transported when the incident happened;\n- (e) any other details the chief executive may reasonably require.\n- (a) where the incident happened;\n- (b) the time and day of the incident;\n- (c) the nature of the incident;\n- (d) what the driver of the rail vehicle believes to be the likely cause of the incident;\n- (e) what the prime contractor or the rail operator believes to be the likely cause of the incident;\n- (f) the dangerous goods being transported when the incident happened;\n- (g) the measures taken to control a leak, spill or escape of dangerous goods and a fire or explosion, arising out of the incident;\n- (h) the measures taken after the incident in relation to the dangerous goods involved in the incident.","sortOrder":195},{"sectionNumber":"pt.14-div.2","sectionType":"division","heading":"Emergencies involving placard loads","content":"## Emergencies involving placard loads","sortOrder":196},{"sectionNumber":"sec.144","sectionType":"section","heading":"Telephone advisory service","content":"### sec.144 Telephone advisory service\n\nA prime contractor or rail operator must not transport a load of—\ndangerous goods in a receptacle with a capacity of more than 500L; or\nmore than 500kg of dangerous goods in a receptacle;\nif a telephone advisory service for the transport is not available during the journey.\nMaximum penalty—40 penalty units.\nA person must not consign a load of—\ndangerous goods in a receptacle with a capacity of more than 500L; or\nmore than 500kg of dangerous goods in a receptacle;\nif a telephone advisory service for the transport is not available during the journey.\nMaximum penalty—40 penalty units.\nFor subsection (1) or (2) , a telephone advisory service may be provided by the prime contractor, rail operator or consignor, or someone else for the prime contractor, rail operator or consignor.\nIn this section—\ntelephone advisory service , for the transport of dangerous goods, means a service providing access by a continuously monitored telephone not located on the rail vehicle carrying the goods to a person competent to give advice about—\nthe construction and properties of the receptacles in which the dangerous goods are being transported; and\nthe use of equipment on or in vehicles on which the dangerous goods are being transported; and\nthe properties of the dangerous goods; and\nmethods of safely handling the dangerous goods; and\nmethods of safely containing and controlling the dangerous goods in a dangerous situation.\n(sec.144-ssec.1) A prime contractor or rail operator must not transport a load of— dangerous goods in a receptacle with a capacity of more than 500L; or more than 500kg of dangerous goods in a receptacle; if a telephone advisory service for the transport is not available during the journey. Maximum penalty—40 penalty units.\n(sec.144-ssec.2) A person must not consign a load of— dangerous goods in a receptacle with a capacity of more than 500L; or more than 500kg of dangerous goods in a receptacle; if a telephone advisory service for the transport is not available during the journey. Maximum penalty—40 penalty units.\n(sec.144-ssec.3) For subsection (1) or (2) , a telephone advisory service may be provided by the prime contractor, rail operator or consignor, or someone else for the prime contractor, rail operator or consignor.\n(sec.144-ssec.4) In this section— telephone advisory service , for the transport of dangerous goods, means a service providing access by a continuously monitored telephone not located on the rail vehicle carrying the goods to a person competent to give advice about— the construction and properties of the receptacles in which the dangerous goods are being transported; and the use of equipment on or in vehicles on which the dangerous goods are being transported; and the properties of the dangerous goods; and methods of safely handling the dangerous goods; and methods of safely containing and controlling the dangerous goods in a dangerous situation.\n- (a) dangerous goods in a receptacle with a capacity of more than 500L; or\n- (b) more than 500kg of dangerous goods in a receptacle;\n- (a) dangerous goods in a receptacle with a capacity of more than 500L; or\n- (b) more than 500kg of dangerous goods in a receptacle;\n- (a) the construction and properties of the receptacles in which the dangerous goods are being transported; and\n- (b) the use of equipment on or in vehicles on which the dangerous goods are being transported; and\n- (c) the properties of the dangerous goods; and\n- (d) methods of safely handling the dangerous goods; and\n- (e) methods of safely containing and controlling the dangerous goods in a dangerous situation.","sortOrder":197},{"sectionNumber":"sec.145","sectionType":"section","heading":"Emergency plans","content":"### sec.145 Emergency plans\n\nA prime contractor or rail operator must not transport a placard load by rail if the prime contractor or the rail operator does not have an emergency plan for the transport of the load.\nMaximum penalty—40 penalty units.\nA prime contractor or rail operator transporting a placard load who becomes aware of a dangerous situation involving the load must do everything that the emergency plan for the transport of the load requires the prime contractor or rail operator to do that is relevant to the situation.\nMaximum penalty—40 penalty units.\nA person must not consign a placard load for transport if the person does not have an emergency plan for the transport of the load.\nMaximum penalty—40 penalty units.\nA consignor of a placard load who becomes aware of a dangerous situation involving the load must do everything that the emergency plan for the transport of the load requires the consignor to do that is relevant to the situation.\nMaximum penalty—40 penalty units.\nThe chief executive may, by written notice, ask the prime contractor, rail operator or consignor of a placard load to give the chief executive the emergency plan for the transport of the load.\nThe prime contractor, rail operator or consignor must give the emergency plan to the chief executive within 14 days after the day the notice is given.\nMaximum penalty—15 penalty units.\nIn this section—\nemergency plan , for the transport of a placard load, means a written plan, for dealing with any dangerous situation arising from the transport of the load, that is prepared having regard to guidelines approved by the Ministerial Council.\nA copy of the guidelines is available on the website of the National Transport Commission.\ns 145 amd 2023 SL No. 24 s 15\n(sec.145-ssec.1) A prime contractor or rail operator must not transport a placard load by rail if the prime contractor or the rail operator does not have an emergency plan for the transport of the load. Maximum penalty—40 penalty units.\n(sec.145-ssec.2) A prime contractor or rail operator transporting a placard load who becomes aware of a dangerous situation involving the load must do everything that the emergency plan for the transport of the load requires the prime contractor or rail operator to do that is relevant to the situation. Maximum penalty—40 penalty units.\n(sec.145-ssec.3) A person must not consign a placard load for transport if the person does not have an emergency plan for the transport of the load. Maximum penalty—40 penalty units.\n(sec.145-ssec.4) A consignor of a placard load who becomes aware of a dangerous situation involving the load must do everything that the emergency plan for the transport of the load requires the consignor to do that is relevant to the situation. Maximum penalty—40 penalty units.\n(sec.145-ssec.5) The chief executive may, by written notice, ask the prime contractor, rail operator or consignor of a placard load to give the chief executive the emergency plan for the transport of the load.\n(sec.145-ssec.6) The prime contractor, rail operator or consignor must give the emergency plan to the chief executive within 14 days after the day the notice is given. Maximum penalty—15 penalty units.\n(sec.145-ssec.7) In this section— emergency plan , for the transport of a placard load, means a written plan, for dealing with any dangerous situation arising from the transport of the load, that is prepared having regard to guidelines approved by the Ministerial Council. A copy of the guidelines is available on the website of the National Transport Commission. s 145 amd 2023 SL No. 24 s 15","sortOrder":198},{"sectionNumber":"sec.146","sectionType":"section","heading":"Duties of consignors—information and resources","content":"### sec.146 Duties of consignors—information and resources\n\nThis section applies if the consignor of dangerous goods in a placard load becomes aware that the rail vehicle transporting the load has been involved in an incident resulting in a dangerous situation.\nThe consignor must, unless the consignor has a reasonable excuse—\ngive the prescribed person information about the following—\nthe properties of the goods;\nthe construction and properties of packaging used to transport the goods;\nsafe methods of handling the goods;\nsafe methods of containing and controlling the goods in a dangerous situation; and\nprovide the equipment and other resources necessary for the following—\ncontrolling the dangerous situation;\ncontaining, controlling, recovering or disposing of dangerous goods that have leaked, spilled or escaped.\nMaximum penalty—20 penalty units.\nSubsection (2) (a) does not apply if the prime contractor or the rail operator for the transport of the dangerous goods in the load gives the information mentioned in the subsection for the incident.\nSubsection (2) (b) does not apply if the prime contractor or the rail operator for the transport of the dangerous goods in the load provides the equipment and resources mentioned in the subsection for the incident.\nIn this section—\nprescribed person means—\nif the consignor has been notified of the relevant emergency service officer who is in charge of dealing with the dangerous situation—the relevant emergency service officer; or\notherwise—a relevant emergency service officer.\n(sec.146-ssec.1) This section applies if the consignor of dangerous goods in a placard load becomes aware that the rail vehicle transporting the load has been involved in an incident resulting in a dangerous situation.\n(sec.146-ssec.2) The consignor must, unless the consignor has a reasonable excuse— give the prescribed person information about the following— the properties of the goods; the construction and properties of packaging used to transport the goods; safe methods of handling the goods; safe methods of containing and controlling the goods in a dangerous situation; and provide the equipment and other resources necessary for the following— controlling the dangerous situation; containing, controlling, recovering or disposing of dangerous goods that have leaked, spilled or escaped. Maximum penalty—20 penalty units.\n(sec.146-ssec.3) Subsection (2) (a) does not apply if the prime contractor or the rail operator for the transport of the dangerous goods in the load gives the information mentioned in the subsection for the incident.\n(sec.146-ssec.4) Subsection (2) (b) does not apply if the prime contractor or the rail operator for the transport of the dangerous goods in the load provides the equipment and resources mentioned in the subsection for the incident.\n(sec.146-ssec.5) In this section— prescribed person means— if the consignor has been notified of the relevant emergency service officer who is in charge of dealing with the dangerous situation—the relevant emergency service officer; or otherwise—a relevant emergency service officer.\n- (a) give the prescribed person information about the following— (i) the properties of the goods; (ii) the construction and properties of packaging used to transport the goods; (iii) safe methods of handling the goods; (iv) safe methods of containing and controlling the goods in a dangerous situation; and\n- (i) the properties of the goods;\n- (ii) the construction and properties of packaging used to transport the goods;\n- (iii) safe methods of handling the goods;\n- (iv) safe methods of containing and controlling the goods in a dangerous situation; and\n- (b) provide the equipment and other resources necessary for the following— (i) controlling the dangerous situation; (ii) containing, controlling, recovering or disposing of dangerous goods that have leaked, spilled or escaped.\n- (i) controlling the dangerous situation;\n- (ii) containing, controlling, recovering or disposing of dangerous goods that have leaked, spilled or escaped.\n- (i) the properties of the goods;\n- (ii) the construction and properties of packaging used to transport the goods;\n- (iii) safe methods of handling the goods;\n- (iv) safe methods of containing and controlling the goods in a dangerous situation; and\n- (i) controlling the dangerous situation;\n- (ii) containing, controlling, recovering or disposing of dangerous goods that have leaked, spilled or escaped.\n- (a) if the consignor has been notified of the relevant emergency service officer who is in charge of dealing with the dangerous situation—the relevant emergency service officer; or\n- (b) otherwise—a relevant emergency service officer.","sortOrder":199},{"sectionNumber":"sec.147","sectionType":"section","heading":"Duties of prime contractors—information and resources","content":"### sec.147 Duties of prime contractors—information and resources\n\nThis section applies if the prime contractor for the transport of dangerous goods in a placard load becomes aware that the vehicle transporting the load has been involved in an incident resulting in a dangerous situation.\nThe prime contractor must, unless the prime contractor has a reasonable excuse—\ngive the prescribed person information about the following—\nthe vehicle’s construction, properties and equipment;\nthe construction and properties of packaging used to transport the goods; and\nprovide the equipment and other resources for the following—\ncontrolling the dangerous situation;\nrecovering a vehicle involved in the situation or its equipment.\nMaximum penalty—20 penalty units.\nSubsection (2) (a) does not apply if the consignor of the dangerous goods in the load or the rail operator for the transport of the dangerous goods in the load gives the information mentioned in the subsection for the incident.\nSubsection (2) (b) does not apply if the consignor of the dangerous goods in the load or the rail operator for the transport of the dangerous goods in the load provides the equipment and resources mentioned in the subsection for the incident.\nIn this section—\nprescribed person means—\nif the prime contractor has been notified of the relevant emergency service officer who is in charge of dealing with the dangerous situation—the relevant emergency service officer; or\notherwise—a relevant emergency service officer.\n(sec.147-ssec.1) This section applies if the prime contractor for the transport of dangerous goods in a placard load becomes aware that the vehicle transporting the load has been involved in an incident resulting in a dangerous situation.\n(sec.147-ssec.2) The prime contractor must, unless the prime contractor has a reasonable excuse— give the prescribed person information about the following— the vehicle’s construction, properties and equipment; the construction and properties of packaging used to transport the goods; and provide the equipment and other resources for the following— controlling the dangerous situation; recovering a vehicle involved in the situation or its equipment. Maximum penalty—20 penalty units.\n(sec.147-ssec.3) Subsection (2) (a) does not apply if the consignor of the dangerous goods in the load or the rail operator for the transport of the dangerous goods in the load gives the information mentioned in the subsection for the incident.\n(sec.147-ssec.4) Subsection (2) (b) does not apply if the consignor of the dangerous goods in the load or the rail operator for the transport of the dangerous goods in the load provides the equipment and resources mentioned in the subsection for the incident.\n(sec.147-ssec.5) In this section— prescribed person means— if the prime contractor has been notified of the relevant emergency service officer who is in charge of dealing with the dangerous situation—the relevant emergency service officer; or otherwise—a relevant emergency service officer.\n- (a) give the prescribed person information about the following— (i) the vehicle’s construction, properties and equipment; (ii) the construction and properties of packaging used to transport the goods; and\n- (i) the vehicle’s construction, properties and equipment;\n- (ii) the construction and properties of packaging used to transport the goods; and\n- (b) provide the equipment and other resources for the following— (i) controlling the dangerous situation; (ii) recovering a vehicle involved in the situation or its equipment.\n- (i) controlling the dangerous situation;\n- (ii) recovering a vehicle involved in the situation or its equipment.\n- (i) the vehicle’s construction, properties and equipment;\n- (ii) the construction and properties of packaging used to transport the goods; and\n- (i) controlling the dangerous situation;\n- (ii) recovering a vehicle involved in the situation or its equipment.\n- (a) if the prime contractor has been notified of the relevant emergency service officer who is in charge of dealing with the dangerous situation—the relevant emergency service officer; or\n- (b) otherwise—a relevant emergency service officer.","sortOrder":200},{"sectionNumber":"sec.148","sectionType":"section","heading":"Duties of rail operators—information and resources","content":"### sec.148 Duties of rail operators—information and resources\n\nThis section applies if the rail operator for the transport of dangerous goods in a placard load becomes aware that the vehicle transporting the load has been involved in an incident resulting in a dangerous situation.\nThe rail operator must, unless the rail operator has a reasonable excuse—\ngive the prescribed person information about the following—\nthe vehicle’s construction, properties and equipment;\nthe construction and properties of packaging used to transport the goods; and\nprovide the equipment and other resources for the following—\ncontrolling the dangerous situation;\nrecovering a vehicle involved in the situation or its equipment.\nMaximum penalty—20 penalty units.\nSubsection (2) (a) does not apply if the consignor of the dangerous goods in the load or the prime contractor for the transport of the dangerous goods in the load gives the information mentioned in the subsection for the incident.\nSubsection (2) (b) does not apply if the consignor of the dangerous goods in the load or the prime contractor for the transport of the dangerous goods in the load provides the equipment and resources mentioned in the subsection for the incident.\nIn this section—\nprescribed person means—\nif the rail operator has been notified of the relevant emergency service officer who is in charge of dealing with the dangerous situation—the relevant emergency service officer; or\notherwise—a relevant emergency service officer.\n(sec.148-ssec.1) This section applies if the rail operator for the transport of dangerous goods in a placard load becomes aware that the vehicle transporting the load has been involved in an incident resulting in a dangerous situation.\n(sec.148-ssec.2) The rail operator must, unless the rail operator has a reasonable excuse— give the prescribed person information about the following— the vehicle’s construction, properties and equipment; the construction and properties of packaging used to transport the goods; and provide the equipment and other resources for the following— controlling the dangerous situation; recovering a vehicle involved in the situation or its equipment. Maximum penalty—20 penalty units.\n(sec.148-ssec.3) Subsection (2) (a) does not apply if the consignor of the dangerous goods in the load or the prime contractor for the transport of the dangerous goods in the load gives the information mentioned in the subsection for the incident.\n(sec.148-ssec.4) Subsection (2) (b) does not apply if the consignor of the dangerous goods in the load or the prime contractor for the transport of the dangerous goods in the load provides the equipment and resources mentioned in the subsection for the incident.\n(sec.148-ssec.5) In this section— prescribed person means— if the rail operator has been notified of the relevant emergency service officer who is in charge of dealing with the dangerous situation—the relevant emergency service officer; or otherwise—a relevant emergency service officer.\n- (a) give the prescribed person information about the following— (i) the vehicle’s construction, properties and equipment; (ii) the construction and properties of packaging used to transport the goods; and\n- (i) the vehicle’s construction, properties and equipment;\n- (ii) the construction and properties of packaging used to transport the goods; and\n- (b) provide the equipment and other resources for the following— (i) controlling the dangerous situation; (ii) recovering a vehicle involved in the situation or its equipment.\n- (i) controlling the dangerous situation;\n- (ii) recovering a vehicle involved in the situation or its equipment.\n- (i) the vehicle’s construction, properties and equipment;\n- (ii) the construction and properties of packaging used to transport the goods; and\n- (i) controlling the dangerous situation;\n- (ii) recovering a vehicle involved in the situation or its equipment.\n- (a) if the rail operator has been notified of the relevant emergency service officer who is in charge of dealing with the dangerous situation—the relevant emergency service officer; or\n- (b) otherwise—a relevant emergency service officer.","sortOrder":201},{"sectionNumber":"pt.15","sectionType":"part","heading":"Administrative matters","content":"# Administrative matters","sortOrder":202},{"sectionNumber":"pt.15-div.1","sectionType":"division","heading":"Provisions about registers","content":"## Provisions about registers","sortOrder":203},{"sectionNumber":"sec.149","sectionType":"section","heading":"Registers to which this division applies","content":"### sec.149 Registers to which this division applies\n\nThis division applies in relation to the following registers—\nthe register of determinations kept under section 25 (1) (a) ;\nthe register of exemptions kept under section 161 (1) (a) ;\nthe register of approvals kept under section 172 (1) (a) .\n- (a) the register of determinations kept under section 25 (1) (a) ;\n- (b) the register of exemptions kept under section 161 (1) (a) ;\n- (c) the register of approvals kept under section 172 (1) (a) .","sortOrder":204},{"sectionNumber":"sec.150","sectionType":"section","heading":"Registers may be kept by computer","content":"### sec.150 Registers may be kept by computer\n\nThe register, or part of the register, may be kept by computer.\nAn entry made by computer for the register is taken to be a record made in the register.\n(sec.150-ssec.1) The register, or part of the register, may be kept by computer.\n(sec.150-ssec.2) An entry made by computer for the register is taken to be a record made in the register.","sortOrder":205},{"sectionNumber":"sec.151","sectionType":"section","heading":"Inspection of registers","content":"### sec.151 Inspection of registers\n\nThe chief executive must ensure that the register is available for inspection by each of the following—\na dangerous goods authority;\nthe public.\nThe chief executive is taken to comply with subsection (1) by ensuring there is reasonable access to—\ncopies of information in a register; or\na computer terminal to inspect a register.\n(sec.151-ssec.1) The chief executive must ensure that the register is available for inspection by each of the following— a dangerous goods authority; the public.\n(sec.151-ssec.2) The chief executive is taken to comply with subsection (1) by ensuring there is reasonable access to— copies of information in a register; or a computer terminal to inspect a register.\n- (a) a dangerous goods authority;\n- (b) the public.\n- (a) copies of information in a register; or\n- (b) a computer terminal to inspect a register.","sortOrder":206},{"sectionNumber":"pt.15-div.2","sectionType":"division","heading":"Recommendations by chief executive and dangerous goods authorities","content":"## Recommendations by chief executive and dangerous goods authorities","sortOrder":207},{"sectionNumber":"sec.152","sectionType":"section","heading":"Recommendations by chief executive","content":"### sec.152 Recommendations by chief executive\n\nThis section applies if the chief executive considers that a ground exists for a dangerous goods authority to do any of the following (the proposed action )—\namend or cancel a corresponding determination;\namend or cancel a corresponding approval or corresponding exemption.\nThe chief executive may recommend, in writing, that the dangerous goods authority take the proposed action.\nThe chief executive must provide written reasons to the dangerous goods authority for the recommendation.\nIf the recommendation is about a corresponding determination (other than a corresponding administrative determination), corresponding approval or corresponding exemption that has effect in 1 or more other participating jurisdictions, the chief executive must also refer the recommendation to the competent authorities panel.\nIn this section—\ncorresponding administrative determination means a corresponding determination—\nmade by a dangerous goods authority on the application of a person; and\nthat applies to the person or the person and other persons named in the application.\n(sec.152-ssec.1) This section applies if the chief executive considers that a ground exists for a dangerous goods authority to do any of the following (the proposed action )— amend or cancel a corresponding determination; amend or cancel a corresponding approval or corresponding exemption.\n(sec.152-ssec.2) The chief executive may recommend, in writing, that the dangerous goods authority take the proposed action.\n(sec.152-ssec.3) The chief executive must provide written reasons to the dangerous goods authority for the recommendation.\n(sec.152-ssec.4) If the recommendation is about a corresponding determination (other than a corresponding administrative determination), corresponding approval or corresponding exemption that has effect in 1 or more other participating jurisdictions, the chief executive must also refer the recommendation to the competent authorities panel.\n(sec.152-ssec.5) In this section— corresponding administrative determination means a corresponding determination— made by a dangerous goods authority on the application of a person; and that applies to the person or the person and other persons named in the application.\n- (a) amend or cancel a corresponding determination;\n- (b) amend or cancel a corresponding approval or corresponding exemption.\n- (a) made by a dangerous goods authority on the application of a person; and\n- (b) that applies to the person or the person and other persons named in the application.","sortOrder":208},{"sectionNumber":"sec.153","sectionType":"section","heading":"Recommendations by dangerous goods authorities","content":"### sec.153 Recommendations by dangerous goods authorities\n\nThis section applies if a dangerous goods authority recommends to the chief executive in writing that the chief executive do any of the following—\namend or cancel a determination;\namend, suspend or cancel an administrative determination;\namend, suspend or cancel an approval or exemption.\nSubject to sections 163 (2) (b) and 174 (2) (b) , if the recommendation is about a determination (other than an administrative determination), approval or exemption that has effect in 1 or more other participating jurisdictions, the chief executive need not take any action on the recommendation until the competent authorities panel has considered the recommendation.\nIn any other case, the chief executive must have regard to the recommendation.\n(sec.153-ssec.1) This section applies if a dangerous goods authority recommends to the chief executive in writing that the chief executive do any of the following— amend or cancel a determination; amend, suspend or cancel an administrative determination; amend, suspend or cancel an approval or exemption.\n(sec.153-ssec.2) Subject to sections 163 (2) (b) and 174 (2) (b) , if the recommendation is about a determination (other than an administrative determination), approval or exemption that has effect in 1 or more other participating jurisdictions, the chief executive need not take any action on the recommendation until the competent authorities panel has considered the recommendation.\n(sec.153-ssec.3) In any other case, the chief executive must have regard to the recommendation.\n- (a) amend or cancel a determination;\n- (b) amend, suspend or cancel an administrative determination;\n- (c) amend, suspend or cancel an approval or exemption.","sortOrder":209},{"sectionNumber":"pt.15-div.3","sectionType":"division","heading":"Mutual recognition of determinations, exemptions and approvals","content":"## Mutual recognition of determinations, exemptions and approvals","sortOrder":210},{"sectionNumber":"sec.154","sectionType":"section","heading":"Chief executive may refer corresponding decisions to competent authorities panel","content":"### sec.154 Chief executive may refer corresponding decisions to competent authorities panel\n\nThis section applies if—\nthe chief executive considers any of the following (each a corresponding decision ) should have effect in all participating jurisdictions or this jurisdiction and 1 or more other participating jurisdictions—\na decision to which section 155 (1) (a) and (b) apply;\nan exemption to which section 156 (1) (a) and (b) apply;\nan approval to which section 157 (1) (a) and (b) apply; and\nthe competent authorities panel has not considered whether the corresponding decision should have effect in all participating jurisdictions or this jurisdiction and 1 or more other participating jurisdictions.\nThe chief executive may refer the corresponding decision to the competent authorities panel for considering whether the corresponding decision should have effect in—\nall participating jurisdictions; or\nthis jurisdiction and 1 or more other participating jurisdictions.\n(sec.154-ssec.1) This section applies if— the chief executive considers any of the following (each a corresponding decision ) should have effect in all participating jurisdictions or this jurisdiction and 1 or more other participating jurisdictions— a decision to which section 155 (1) (a) and (b) apply; an exemption to which section 156 (1) (a) and (b) apply; an approval to which section 157 (1) (a) and (b) apply; and the competent authorities panel has not considered whether the corresponding decision should have effect in all participating jurisdictions or this jurisdiction and 1 or more other participating jurisdictions.\n(sec.154-ssec.2) The chief executive may refer the corresponding decision to the competent authorities panel for considering whether the corresponding decision should have effect in— all participating jurisdictions; or this jurisdiction and 1 or more other participating jurisdictions.\n- (a) the chief executive considers any of the following (each a corresponding decision ) should have effect in all participating jurisdictions or this jurisdiction and 1 or more other participating jurisdictions— (i) a decision to which section 155 (1) (a) and (b) apply; (ii) an exemption to which section 156 (1) (a) and (b) apply; (iii) an approval to which section 157 (1) (a) and (b) apply; and\n- (i) a decision to which section 155 (1) (a) and (b) apply;\n- (ii) an exemption to which section 156 (1) (a) and (b) apply;\n- (iii) an approval to which section 157 (1) (a) and (b) apply; and\n- (b) the competent authorities panel has not considered whether the corresponding decision should have effect in all participating jurisdictions or this jurisdiction and 1 or more other participating jurisdictions.\n- (i) a decision to which section 155 (1) (a) and (b) apply;\n- (ii) an exemption to which section 156 (1) (a) and (b) apply;\n- (iii) an approval to which section 157 (1) (a) and (b) apply; and\n- (a) all participating jurisdictions; or\n- (b) this jurisdiction and 1 or more other participating jurisdictions.","sortOrder":211},{"sectionNumber":"sec.155","sectionType":"section","heading":"Corresponding determinations","content":"### sec.155 Corresponding determinations\n\nThis section applies to a decision, however called, made by a dangerous goods authority if—\nthe decision is made under a provision of the law of another jurisdiction corresponding to a provision (the relevant provision ) of section 20 or 21 ; and\nthe decision has effect in the other jurisdiction; and\neither of the following applies—\nthe competent authorities panel has decided that the decision should have effect in all participating jurisdictions, or 1 or more participating jurisdictions including this jurisdiction, and the panel has not reversed its decision;\nthe decision is an administrative determination under a provision of the law of the other jurisdiction corresponding to section 22 .\nOther than for circumstances that do not exist in this jurisdiction, the decision has effect in this jurisdiction as if it were a determination made by the chief executive under the relevant provision.\n(sec.155-ssec.1) This section applies to a decision, however called, made by a dangerous goods authority if— the decision is made under a provision of the law of another jurisdiction corresponding to a provision (the relevant provision ) of section 20 or 21 ; and the decision has effect in the other jurisdiction; and either of the following applies— the competent authorities panel has decided that the decision should have effect in all participating jurisdictions, or 1 or more participating jurisdictions including this jurisdiction, and the panel has not reversed its decision; the decision is an administrative determination under a provision of the law of the other jurisdiction corresponding to section 22 .\n(sec.155-ssec.2) Other than for circumstances that do not exist in this jurisdiction, the decision has effect in this jurisdiction as if it were a determination made by the chief executive under the relevant provision.\n- (a) the decision is made under a provision of the law of another jurisdiction corresponding to a provision (the relevant provision ) of section 20 or 21 ; and\n- (b) the decision has effect in the other jurisdiction; and\n- (c) either of the following applies— (i) the competent authorities panel has decided that the decision should have effect in all participating jurisdictions, or 1 or more participating jurisdictions including this jurisdiction, and the panel has not reversed its decision; (ii) the decision is an administrative determination under a provision of the law of the other jurisdiction corresponding to section 22 .\n- (i) the competent authorities panel has decided that the decision should have effect in all participating jurisdictions, or 1 or more participating jurisdictions including this jurisdiction, and the panel has not reversed its decision;\n- (ii) the decision is an administrative determination under a provision of the law of the other jurisdiction corresponding to section 22 .\n- (i) the competent authorities panel has decided that the decision should have effect in all participating jurisdictions, or 1 or more participating jurisdictions including this jurisdiction, and the panel has not reversed its decision;\n- (ii) the decision is an administrative determination under a provision of the law of the other jurisdiction corresponding to section 22 .","sortOrder":212},{"sectionNumber":"sec.156","sectionType":"section","heading":"Corresponding exemptions","content":"### sec.156 Corresponding exemptions\n\nThis section applies to an exemption granted by a dangerous goods authority if—\nthe exemption is granted for a provision of the law in another jurisdiction corresponding to a provision (the relevant provision ) of this regulation; and\nthe exemption has effect in the other jurisdiction; and\nthe competent authorities panel has decided that the exemption should have effect in all participating jurisdictions, or 1 or more participating jurisdictions including this jurisdiction, and the panel has not reversed its decision.\nOther than for circumstances that do not exist in this jurisdiction, the exemption has effect in this jurisdiction as if it were an exemption granted by the chief executive for the relevant provision.\n(sec.156-ssec.1) This section applies to an exemption granted by a dangerous goods authority if— the exemption is granted for a provision of the law in another jurisdiction corresponding to a provision (the relevant provision ) of this regulation; and the exemption has effect in the other jurisdiction; and the competent authorities panel has decided that the exemption should have effect in all participating jurisdictions, or 1 or more participating jurisdictions including this jurisdiction, and the panel has not reversed its decision.\n(sec.156-ssec.2) Other than for circumstances that do not exist in this jurisdiction, the exemption has effect in this jurisdiction as if it were an exemption granted by the chief executive for the relevant provision.\n- (a) the exemption is granted for a provision of the law in another jurisdiction corresponding to a provision (the relevant provision ) of this regulation; and\n- (b) the exemption has effect in the other jurisdiction; and\n- (c) the competent authorities panel has decided that the exemption should have effect in all participating jurisdictions, or 1 or more participating jurisdictions including this jurisdiction, and the panel has not reversed its decision.","sortOrder":213},{"sectionNumber":"sec.157","sectionType":"section","heading":"Corresponding approvals","content":"### sec.157 Corresponding approvals\n\nThis section applies to an approval granted in another jurisdiction if—\nthe approval is granted under a provision of the law of the other jurisdiction corresponding to a provision (the relevant provision) of any of the following sections—\nsection 46 ;\nsection 50 ;\nsection 106 ;\nsection 107 ;\nsection 134 ; and\nthe approval has effect in the other jurisdiction; and\nthe competent authorities panel has decided that the approval should have effect in all participating jurisdictions, or 1 or more participating jurisdictions including this jurisdiction, and the panel has not reversed its decision.\nOther than for circumstances that do not exist in this jurisdiction, the approval has effect in this jurisdiction as if it were an approval given by the chief executive under the relevant provision.\n(sec.157-ssec.1) This section applies to an approval granted in another jurisdiction if— the approval is granted under a provision of the law of the other jurisdiction corresponding to a provision (the relevant provision) of any of the following sections— section 46 ; section 50 ; section 106 ; section 107 ; section 134 ; and the approval has effect in the other jurisdiction; and the competent authorities panel has decided that the approval should have effect in all participating jurisdictions, or 1 or more participating jurisdictions including this jurisdiction, and the panel has not reversed its decision.\n(sec.157-ssec.2) Other than for circumstances that do not exist in this jurisdiction, the approval has effect in this jurisdiction as if it were an approval given by the chief executive under the relevant provision.\n- (a) the approval is granted under a provision of the law of the other jurisdiction corresponding to a provision (the relevant provision) of any of the following sections— (i) section 46 ; (ii) section 50 ; (iii) section 106 ; (iv) section 107 ; (v) section 134 ; and\n- (i) section 46 ;\n- (ii) section 50 ;\n- (iii) section 106 ;\n- (iv) section 107 ;\n- (v) section 134 ; and\n- (b) the approval has effect in the other jurisdiction; and\n- (c) the competent authorities panel has decided that the approval should have effect in all participating jurisdictions, or 1 or more participating jurisdictions including this jurisdiction, and the panel has not reversed its decision.\n- (i) section 46 ;\n- (ii) section 50 ;\n- (iii) section 106 ;\n- (iv) section 107 ;\n- (v) section 134 ; and","sortOrder":214},{"sectionNumber":"pt.16","sectionType":"part","heading":"Exemptions","content":"# Exemptions","sortOrder":215},{"sectionNumber":"pt.16-div.1","sectionType":"division","heading":"Purpose of part","content":"## Purpose of part","sortOrder":216},{"sectionNumber":"sec.158","sectionType":"section","heading":"Purpose of part","content":"### sec.158 Purpose of part\n\nThis part provides for the following matters in relation to an exemption under section 443 of the Act —\nhow an application for the exemption must be made;\nthe keeping of a register of exemptions;\nthe role of the competent authorities panel in relation to the exemption.\n- (a) how an application for the exemption must be made;\n- (b) the keeping of a register of exemptions;\n- (c) the role of the competent authorities panel in relation to the exemption.","sortOrder":217},{"sectionNumber":"pt.16-div.2","sectionType":"division","heading":"General matters about exemptions","content":"## General matters about exemptions","sortOrder":218},{"sectionNumber":"sec.159","sectionType":"section","heading":"Applications for exemptions","content":"### sec.159 Applications for exemptions\n\nAn application for an exemption must—\nbe made to the chief executive in writing; and\nbe signed and dated by or for the applicant; and\nstate the applicant’s name and address; and\nstate the name of the person to whom, or the name or a description of the class of persons to which, the application relates; and\nstate the provisions of this regulation, and of the ADG Code, to which the application relates; and\nstate the dangerous goods to which the application relates; and\nstate why, in the applicant’s opinion, compliance with the provisions mentioned in paragraph (e) is not reasonably practicable; and\nstate why, in the applicant’s opinion, the exemption is not likely to involve a greater risk than the risk involved in complying with the provisions mentioned in paragraph (e) ; and\nif the application relates to a rail vehicle, equipment, packaging or other thing—describe the vehicle, equipment, packaging or thing; and\nstate the period for which the exemption is sought; and\nstate the geographical area within which the exemption is to have effect; and\nif a fee is stated for the application under section 180 —be accompanied by the stated fee.\nThe chief executive may, by written notice given to the applicant, ask the applicant to give to the chief executive the additional information reasonably necessary to decide the application.\n(sec.159-ssec.1) An application for an exemption must— be made to the chief executive in writing; and be signed and dated by or for the applicant; and state the applicant’s name and address; and state the name of the person to whom, or the name or a description of the class of persons to which, the application relates; and state the provisions of this regulation, and of the ADG Code, to which the application relates; and state the dangerous goods to which the application relates; and state why, in the applicant’s opinion, compliance with the provisions mentioned in paragraph (e) is not reasonably practicable; and state why, in the applicant’s opinion, the exemption is not likely to involve a greater risk than the risk involved in complying with the provisions mentioned in paragraph (e) ; and if the application relates to a rail vehicle, equipment, packaging or other thing—describe the vehicle, equipment, packaging or thing; and state the period for which the exemption is sought; and state the geographical area within which the exemption is to have effect; and if a fee is stated for the application under section 180 —be accompanied by the stated fee.\n(sec.159-ssec.2) The chief executive may, by written notice given to the applicant, ask the applicant to give to the chief executive the additional information reasonably necessary to decide the application.\n- (a) be made to the chief executive in writing; and\n- (b) be signed and dated by or for the applicant; and\n- (c) state the applicant’s name and address; and\n- (d) state the name of the person to whom, or the name or a description of the class of persons to which, the application relates; and\n- (e) state the provisions of this regulation, and of the ADG Code, to which the application relates; and\n- (f) state the dangerous goods to which the application relates; and\n- (g) state why, in the applicant’s opinion, compliance with the provisions mentioned in paragraph (e) is not reasonably practicable; and\n- (h) state why, in the applicant’s opinion, the exemption is not likely to involve a greater risk than the risk involved in complying with the provisions mentioned in paragraph (e) ; and\n- (i) if the application relates to a rail vehicle, equipment, packaging or other thing—describe the vehicle, equipment, packaging or thing; and\n- (j) state the period for which the exemption is sought; and\n- (k) state the geographical area within which the exemption is to have effect; and\n- (l) if a fee is stated for the application under section 180 —be accompanied by the stated fee.","sortOrder":219},{"sectionNumber":"sec.160","sectionType":"section","heading":"Exemption notice to be kept","content":"### sec.160 Exemption notice to be kept\n\nIf an exemption is being relied on by the holder of the exemption, the holder must keep a copy of the exemption in the rail vehicle or on the premises to which the exemption applies.\nMaximum penalty—7 1 / 2 penalty units.\nSubsection (1) does not apply if a copy of the exemption is available at an office of the holder.\nIf an exemption is being relied on by a member of the class of persons to which the exemption applies, the member must keep a copy of the exemption in the rail vehicle or on the premises to which the exemption applies.\nMaximum penalty—7 1 / 2 penalty units.\nSubsection (3) does not apply if a copy of the exemption is available at an office of the member of the class of persons to whom the exemption applies.\n(sec.160-ssec.1) If an exemption is being relied on by the holder of the exemption, the holder must keep a copy of the exemption in the rail vehicle or on the premises to which the exemption applies. Maximum penalty—7 1 / 2 penalty units.\n(sec.160-ssec.2) Subsection (1) does not apply if a copy of the exemption is available at an office of the holder.\n(sec.160-ssec.3) If an exemption is being relied on by a member of the class of persons to which the exemption applies, the member must keep a copy of the exemption in the rail vehicle or on the premises to which the exemption applies. Maximum penalty—7 1 / 2 penalty units.\n(sec.160-ssec.4) Subsection (3) does not apply if a copy of the exemption is available at an office of the member of the class of persons to whom the exemption applies.","sortOrder":220},{"sectionNumber":"sec.161","sectionType":"section","heading":"Register of exemptions","content":"### sec.161 Register of exemptions\n\nThe chief executive must—\nkeep a register of exemptions; and\nwith other dangerous goods authorities, keep a central register of corresponding exemptions.\nA register kept under subsection (1) may have separate divisions for different kinds of exemptions.\nThe chief executive must record each exemption in the register kept under subsection (1) (a) .\nThe chief executive must note the amendment, suspension or cancellation of an exemption in the register kept under subsection (1) (a) .\nIn this section—\ncorresponding exemption includes an exemption under this regulation that the competent authorities panel has decided should have effect in 1 or more other participating jurisdictions.\n(sec.161-ssec.1) The chief executive must— keep a register of exemptions; and with other dangerous goods authorities, keep a central register of corresponding exemptions.\n(sec.161-ssec.2) A register kept under subsection (1) may have separate divisions for different kinds of exemptions.\n(sec.161-ssec.3) The chief executive must record each exemption in the register kept under subsection (1) (a) .\n(sec.161-ssec.4) The chief executive must note the amendment, suspension or cancellation of an exemption in the register kept under subsection (1) (a) .\n(sec.161-ssec.5) In this section— corresponding exemption includes an exemption under this regulation that the competent authorities panel has decided should have effect in 1 or more other participating jurisdictions.\n- (a) keep a register of exemptions; and\n- (b) with other dangerous goods authorities, keep a central register of corresponding exemptions.","sortOrder":221},{"sectionNumber":"sec.162","sectionType":"section","heading":"Records of exemptions","content":"### sec.162 Records of exemptions\n\nThe record of an exemption in the register kept under section 161 (1) (a) must include—\nthe terms of the exemption; or\nthe following information—\nthe name of the person to whom, or the name or a description of the class of persons to which, the exemption applies;\nthe day the exemption was granted;\nthe provisions of this regulation, and of the ADG Code, to which the exemption relates;\nthe period for which the exemption has effect;\nthe dangerous goods, rail vehicle, equipment, packaging or other thing to which the exemption relates;\nthe geographical area for which the exemption has effect.\n- (a) the terms of the exemption; or\n- (b) the following information— (i) the name of the person to whom, or the name or a description of the class of persons to which, the exemption applies; (ii) the day the exemption was granted; (iii) the provisions of this regulation, and of the ADG Code, to which the exemption relates; (iv) the period for which the exemption has effect; (v) the dangerous goods, rail vehicle, equipment, packaging or other thing to which the exemption relates; (vi) the geographical area for which the exemption has effect.\n- (i) the name of the person to whom, or the name or a description of the class of persons to which, the exemption applies;\n- (ii) the day the exemption was granted;\n- (iii) the provisions of this regulation, and of the ADG Code, to which the exemption relates;\n- (iv) the period for which the exemption has effect;\n- (v) the dangerous goods, rail vehicle, equipment, packaging or other thing to which the exemption relates;\n- (vi) the geographical area for which the exemption has effect.\n- (i) the name of the person to whom, or the name or a description of the class of persons to which, the exemption applies;\n- (ii) the day the exemption was granted;\n- (iii) the provisions of this regulation, and of the ADG Code, to which the exemption relates;\n- (iv) the period for which the exemption has effect;\n- (v) the dangerous goods, rail vehicle, equipment, packaging or other thing to which the exemption relates;\n- (vi) the geographical area for which the exemption has effect.","sortOrder":222},{"sectionNumber":"pt.16-div.3","sectionType":"division","heading":"Referring matters to the competent authorities panel","content":"## Referring matters to the competent authorities panel","sortOrder":223},{"sectionNumber":"sec.163","sectionType":"section","heading":"Referring matters to the competent authorities panel","content":"### sec.163 Referring matters to the competent authorities panel\n\nThe chief executive must refer an exemption, or an application for an exemption, to the competent authorities panel if the chief executive considers that the exemption should have effect in all participating jurisdictions or this jurisdiction and 1 or more other participating jurisdictions.\nThe chief executive must refer to the competent authorities panel an exemption having effect in this jurisdiction, and 1 or more other participating jurisdictions, if—\nthe chief executive considers that the exemption should be amended, suspended or cancelled; or\na dangerous goods authority recommends to the chief executive in writing that the exemption should be amended, suspended or cancelled.\n(sec.163-ssec.1) The chief executive must refer an exemption, or an application for an exemption, to the competent authorities panel if the chief executive considers that the exemption should have effect in all participating jurisdictions or this jurisdiction and 1 or more other participating jurisdictions.\n(sec.163-ssec.2) The chief executive must refer to the competent authorities panel an exemption having effect in this jurisdiction, and 1 or more other participating jurisdictions, if— the chief executive considers that the exemption should be amended, suspended or cancelled; or a dangerous goods authority recommends to the chief executive in writing that the exemption should be amended, suspended or cancelled.\n- (a) the chief executive considers that the exemption should be amended, suspended or cancelled; or\n- (b) a dangerous goods authority recommends to the chief executive in writing that the exemption should be amended, suspended or cancelled.","sortOrder":224},{"sectionNumber":"sec.164","sectionType":"section","heading":"Effect of competent authorities panel decisions about exemptions","content":"### sec.164 Effect of competent authorities panel decisions about exemptions\n\nThis section applies if—\nan exemption, or an application for an exemption, is referred to the competent authorities panel under section 163 (1) ; and\nthe competent authorities panel decides that the exemption—\nshould have been, or should be, granted, what the terms of the exemption should be, and that the exemption should have effect in all participating jurisdictions or this jurisdiction and 1 or more other participating jurisdictions; or\nshould not have effect in this jurisdiction.\nThe chief executive must have regard to the competent authorities panel’s decision.\n(sec.164-ssec.1) This section applies if— an exemption, or an application for an exemption, is referred to the competent authorities panel under section 163 (1) ; and the competent authorities panel decides that the exemption— should have been, or should be, granted, what the terms of the exemption should be, and that the exemption should have effect in all participating jurisdictions or this jurisdiction and 1 or more other participating jurisdictions; or should not have effect in this jurisdiction.\n(sec.164-ssec.2) The chief executive must have regard to the competent authorities panel’s decision.\n- (a) an exemption, or an application for an exemption, is referred to the competent authorities panel under section 163 (1) ; and\n- (b) the competent authorities panel decides that the exemption— (i) should have been, or should be, granted, what the terms of the exemption should be, and that the exemption should have effect in all participating jurisdictions or this jurisdiction and 1 or more other participating jurisdictions; or (ii) should not have effect in this jurisdiction.\n- (i) should have been, or should be, granted, what the terms of the exemption should be, and that the exemption should have effect in all participating jurisdictions or this jurisdiction and 1 or more other participating jurisdictions; or\n- (ii) should not have effect in this jurisdiction.\n- (i) should have been, or should be, granted, what the terms of the exemption should be, and that the exemption should have effect in all participating jurisdictions or this jurisdiction and 1 or more other participating jurisdictions; or\n- (ii) should not have effect in this jurisdiction.","sortOrder":225},{"sectionNumber":"sec.165","sectionType":"section","heading":"Effect of the competent authorities panel decisions about amending, suspending or cancelling exemptions","content":"### sec.165 Effect of the competent authorities panel decisions about amending, suspending or cancelling exemptions\n\nThis section applies if—\nan exemption is referred to the competent authorities panel under section 163 (2) ; and\nthe competent authorities panel decides that the exemption—\nshould be amended (whether or not the panel’s decision is the same as the amendment proposed by the chief executive or recommended by the dangerous goods authority), and should have effect as amended in all participating jurisdictions or this jurisdiction and 1 or more other participating jurisdictions; or\nshould not be amended; or\nshould, or should not, be suspended or cancelled.\nThe chief executive must have regard to the competent authorities panel’s decision.\n(sec.165-ssec.1) This section applies if— an exemption is referred to the competent authorities panel under section 163 (2) ; and the competent authorities panel decides that the exemption— should be amended (whether or not the panel’s decision is the same as the amendment proposed by the chief executive or recommended by the dangerous goods authority), and should have effect as amended in all participating jurisdictions or this jurisdiction and 1 or more other participating jurisdictions; or should not be amended; or should, or should not, be suspended or cancelled.\n(sec.165-ssec.2) The chief executive must have regard to the competent authorities panel’s decision.\n- (a) an exemption is referred to the competent authorities panel under section 163 (2) ; and\n- (b) the competent authorities panel decides that the exemption— (i) should be amended (whether or not the panel’s decision is the same as the amendment proposed by the chief executive or recommended by the dangerous goods authority), and should have effect as amended in all participating jurisdictions or this jurisdiction and 1 or more other participating jurisdictions; or (ii) should not be amended; or (iii) should, or should not, be suspended or cancelled.\n- (i) should be amended (whether or not the panel’s decision is the same as the amendment proposed by the chief executive or recommended by the dangerous goods authority), and should have effect as amended in all participating jurisdictions or this jurisdiction and 1 or more other participating jurisdictions; or\n- (ii) should not be amended; or\n- (iii) should, or should not, be suspended or cancelled.\n- (i) should be amended (whether or not the panel’s decision is the same as the amendment proposed by the chief executive or recommended by the dangerous goods authority), and should have effect as amended in all participating jurisdictions or this jurisdiction and 1 or more other participating jurisdictions; or\n- (ii) should not be amended; or\n- (iii) should, or should not, be suspended or cancelled.","sortOrder":226},{"sectionNumber":"pt.17","sectionType":"part","heading":"Administrative determinations and approvals","content":"# Administrative determinations and approvals","sortOrder":227},{"sectionNumber":"pt.17-div.1","sectionType":"division","heading":"General","content":"## General","sortOrder":228},{"sectionNumber":"sec.166","sectionType":"section","heading":"Applications","content":"### sec.166 Applications\n\nAn application for an administrative determination or approval, or for the amendment of an administrative determination or approval, must—\nbe made to the chief executive in writing; and\nif a fee is stated for the application under section 180 —be accompanied by the stated fee.\nAn application for the amendment of an administrative determination or approval must have the determination or approval with it.\nThe chief executive may, by written notice given to the applicant, ask the applicant to give to the chief executive the additional information reasonably necessary to decide the application.\n(sec.166-ssec.1) An application for an administrative determination or approval, or for the amendment of an administrative determination or approval, must— be made to the chief executive in writing; and if a fee is stated for the application under section 180 —be accompanied by the stated fee.\n(sec.166-ssec.2) An application for the amendment of an administrative determination or approval must have the determination or approval with it.\n(sec.166-ssec.3) The chief executive may, by written notice given to the applicant, ask the applicant to give to the chief executive the additional information reasonably necessary to decide the application.\n- (a) be made to the chief executive in writing; and\n- (b) if a fee is stated for the application under section 180 —be accompanied by the stated fee.","sortOrder":229},{"sectionNumber":"sec.167","sectionType":"section","heading":"Form of administrative determinations and approvals","content":"### sec.167 Form of administrative determinations and approvals\n\nAn administrative determination, or an approval on application, must be given by written notice to the applicant.\nAn approval under section 134 on the chief executive’s initiative is given by recording it in the register kept under section 172 (1) (a) .\n(sec.167-ssec.1) An administrative determination, or an approval on application, must be given by written notice to the applicant.\n(sec.167-ssec.2) An approval under section 134 on the chief executive’s initiative is given by recording it in the register kept under section 172 (1) (a) .","sortOrder":230},{"sectionNumber":"sec.168","sectionType":"section","heading":"When administrative determinations and approvals not to be made","content":"### sec.168 When administrative determinations and approvals not to be made\n\nThe chief executive must not make an administrative determination on the application of, or give an approval under this regulation to, a person who is prohibited by a court order from involvement in the transport of dangerous goods.","sortOrder":231},{"sectionNumber":"sec.169","sectionType":"section","heading":"Reasons for refusal of applications","content":"### sec.169 Reasons for refusal of applications\n\nThis section applies if the chief executive refuses an application to—\nmake or amend an administrative determination; or\ngive or amend an approval under this regulation.\nThe chief executive must inform the applicant by written notice of the refusal.\nThe notice must be or include an information notice for the refusal.\n(sec.169-ssec.1) This section applies if the chief executive refuses an application to— make or amend an administrative determination; or give or amend an approval under this regulation.\n(sec.169-ssec.2) The chief executive must inform the applicant by written notice of the refusal.\n(sec.169-ssec.3) The notice must be or include an information notice for the refusal.\n- (a) make or amend an administrative determination; or\n- (b) give or amend an approval under this regulation.","sortOrder":232},{"sectionNumber":"sec.170","sectionType":"section","heading":"Periods and conditions","content":"### sec.170 Periods and conditions\n\nAn administrative determination or approval has effect for the period stated in the determination or approval.\nA condition to which an administrative determination, or an approval, is subject must be stated in the determination or approval.\n(sec.170-ssec.1) An administrative determination or approval has effect for the period stated in the determination or approval.\n(sec.170-ssec.2) A condition to which an administrative determination, or an approval, is subject must be stated in the determination or approval.","sortOrder":233},{"sectionNumber":"sec.171","sectionType":"section","heading":"Replacement administrative determinations and approvals","content":"### sec.171 Replacement administrative determinations and approvals\n\nThe chief executive must give a person to whom an administrative determination applies, or an approval is granted, a replacement determination or approval if—\nthe determination or approval is amended; or\nthe chief executive is satisfied the determination or approval has been defaced, destroyed, lost or stolen.\n- (a) the determination or approval is amended; or\n- (b) the chief executive is satisfied the determination or approval has been defaced, destroyed, lost or stolen.","sortOrder":234},{"sectionNumber":"pt.17-div.2","sectionType":"division","heading":"Register of approvals","content":"## Register of approvals","sortOrder":235},{"sectionNumber":"sec.172","sectionType":"section","heading":"Register of approvals","content":"### sec.172 Register of approvals\n\nThe chief executive must—\nkeep a register of approvals; and\nwith other dangerous goods authorities, keep a central register of corresponding approvals.\nA register kept under subsection (1) may have separate divisions for different kinds of approvals.\nThe chief executive must record each approval in the register kept under subsection (1) (a) .\nThe chief executive must note the amendment, suspension or cancellation of an approval in the register kept under subsection (1) (a) .\nIn this section—\ncorresponding approval includes an approval under this regulation that the competent authorities panel has decided should have effect in 1 or more other participating jurisdictions.\n(sec.172-ssec.1) The chief executive must— keep a register of approvals; and with other dangerous goods authorities, keep a central register of corresponding approvals.\n(sec.172-ssec.2) A register kept under subsection (1) may have separate divisions for different kinds of approvals.\n(sec.172-ssec.3) The chief executive must record each approval in the register kept under subsection (1) (a) .\n(sec.172-ssec.4) The chief executive must note the amendment, suspension or cancellation of an approval in the register kept under subsection (1) (a) .\n(sec.172-ssec.5) In this section— corresponding approval includes an approval under this regulation that the competent authorities panel has decided should have effect in 1 or more other participating jurisdictions.\n- (a) keep a register of approvals; and\n- (b) with other dangerous goods authorities, keep a central register of corresponding approvals.","sortOrder":236},{"sectionNumber":"sec.173","sectionType":"section","heading":"Records of approvals","content":"### sec.173 Records of approvals\n\nThe record of an approval in the register kept under section 172 (1) (a) must include—\nthe terms of the approval; or\nthe following information—\nthe name of the person to whom the approval was given;\nthe day the approval was given;\nthe provisions of this regulation, and of the ADG Code, to which the approval relates;\nthe period for which the approval has effect;\nthe dangerous goods, equipment, packaging, rail vehicle or other thing to which the approval relates;\nthe conditions of the approval.\n- (a) the terms of the approval; or\n- (b) the following information— (i) the name of the person to whom the approval was given; (ii) the day the approval was given; (iii) the provisions of this regulation, and of the ADG Code, to which the approval relates; (iv) the period for which the approval has effect; (v) the dangerous goods, equipment, packaging, rail vehicle or other thing to which the approval relates; (vi) the conditions of the approval.\n- (i) the name of the person to whom the approval was given;\n- (ii) the day the approval was given;\n- (iii) the provisions of this regulation, and of the ADG Code, to which the approval relates;\n- (iv) the period for which the approval has effect;\n- (v) the dangerous goods, equipment, packaging, rail vehicle or other thing to which the approval relates;\n- (vi) the conditions of the approval.\n- (i) the name of the person to whom the approval was given;\n- (ii) the day the approval was given;\n- (iii) the provisions of this regulation, and of the ADG Code, to which the approval relates;\n- (iv) the period for which the approval has effect;\n- (v) the dangerous goods, equipment, packaging, rail vehicle or other thing to which the approval relates;\n- (vi) the conditions of the approval.","sortOrder":237},{"sectionNumber":"pt.17-div.3","sectionType":"division","heading":"Referring matters to the competent authorities panel","content":"## Referring matters to the competent authorities panel","sortOrder":238},{"sectionNumber":"sec.174","sectionType":"section","heading":"Referring matters to the competent authorities panel","content":"### sec.174 Referring matters to the competent authorities panel\n\nThe chief executive must refer any of the following matters or applications to the competent authorities panel if the chief executive considers the matter or decision on the application should have effect in all participating jurisdictions or this jurisdiction and 1 or more other participating jurisdictions—\nan approval;\nan application for an approval;\nan administrative determination;\nan application for an administrative determination.\nThe chief executive must refer to the competent authorities panel an approval or administrative determination having effect in this jurisdiction, and 1 or more other participating jurisdictions, if—\nthe chief executive considers that the approval should be amended, suspended or cancelled; or\na dangerous goods authority recommends to the chief executive in writing that the approval should be amended, suspended or cancelled.\n(sec.174-ssec.1) The chief executive must refer any of the following matters or applications to the competent authorities panel if the chief executive considers the matter or decision on the application should have effect in all participating jurisdictions or this jurisdiction and 1 or more other participating jurisdictions— an approval; an application for an approval; an administrative determination; an application for an administrative determination.\n(sec.174-ssec.2) The chief executive must refer to the competent authorities panel an approval or administrative determination having effect in this jurisdiction, and 1 or more other participating jurisdictions, if— the chief executive considers that the approval should be amended, suspended or cancelled; or a dangerous goods authority recommends to the chief executive in writing that the approval should be amended, suspended or cancelled.\n- (a) an approval;\n- (b) an application for an approval;\n- (c) an administrative determination;\n- (d) an application for an administrative determination.\n- (a) the chief executive considers that the approval should be amended, suspended or cancelled; or\n- (b) a dangerous goods authority recommends to the chief executive in writing that the approval should be amended, suspended or cancelled.","sortOrder":239},{"sectionNumber":"sec.175","sectionType":"section","heading":"Effect of competent authorities panel decisions about particular matters","content":"### sec.175 Effect of competent authorities panel decisions about particular matters\n\nThis section applies if—\na matter is referred to the competent authorities panel under section 174 (1) ; and\nthe competent authorities panel decides—\nthat the approval or determination should have been, or should be, given, what the terms of the approval or determination should be, and that the approval or determination should have effect in all participating jurisdictions or this jurisdiction and 1 or more other participating jurisdictions; or\nthat the approval or determination should not have effect in this jurisdiction.\nThe chief executive must have regard to the competent authorities panel’s decision.\n(sec.175-ssec.1) This section applies if— a matter is referred to the competent authorities panel under section 174 (1) ; and the competent authorities panel decides— that the approval or determination should have been, or should be, given, what the terms of the approval or determination should be, and that the approval or determination should have effect in all participating jurisdictions or this jurisdiction and 1 or more other participating jurisdictions; or that the approval or determination should not have effect in this jurisdiction.\n(sec.175-ssec.2) The chief executive must have regard to the competent authorities panel’s decision.\n- (a) a matter is referred to the competent authorities panel under section 174 (1) ; and\n- (b) the competent authorities panel decides— (i) that the approval or determination should have been, or should be, given, what the terms of the approval or determination should be, and that the approval or determination should have effect in all participating jurisdictions or this jurisdiction and 1 or more other participating jurisdictions; or (ii) that the approval or determination should not have effect in this jurisdiction.\n- (i) that the approval or determination should have been, or should be, given, what the terms of the approval or determination should be, and that the approval or determination should have effect in all participating jurisdictions or this jurisdiction and 1 or more other participating jurisdictions; or\n- (ii) that the approval or determination should not have effect in this jurisdiction.\n- (i) that the approval or determination should have been, or should be, given, what the terms of the approval or determination should be, and that the approval or determination should have effect in all participating jurisdictions or this jurisdiction and 1 or more other participating jurisdictions; or\n- (ii) that the approval or determination should not have effect in this jurisdiction.","sortOrder":240},{"sectionNumber":"sec.176","sectionType":"section","heading":"Effect of competent authorities panel decisions about amending, suspending or cancelling approvals or administrative determinations","content":"### sec.176 Effect of competent authorities panel decisions about amending, suspending or cancelling approvals or administrative determinations\n\nThis section applies if—\nan approval or administrative determination is referred to the competent authorities panel under section 174 (2) ; and\nthe competent authorities panel decides that the approval or administrative determination—\nshould be amended (whether or not the panel’s decision is the same as the amendment proposed by the chief executive or recommended by the dangerous goods authority), and should have effect as amended in all participating jurisdictions or this jurisdiction and 1 or more other participating jurisdictions; or\nshould not be amended; or\nshould, or should not, be suspended or cancelled.\nThe chief executive must have regard to the competent authorities panel’s decision.\n(sec.176-ssec.1) This section applies if— an approval or administrative determination is referred to the competent authorities panel under section 174 (2) ; and the competent authorities panel decides that the approval or administrative determination— should be amended (whether or not the panel’s decision is the same as the amendment proposed by the chief executive or recommended by the dangerous goods authority), and should have effect as amended in all participating jurisdictions or this jurisdiction and 1 or more other participating jurisdictions; or should not be amended; or should, or should not, be suspended or cancelled.\n(sec.176-ssec.2) The chief executive must have regard to the competent authorities panel’s decision.\n- (a) an approval or administrative determination is referred to the competent authorities panel under section 174 (2) ; and\n- (b) the competent authorities panel decides that the approval or administrative determination— (i) should be amended (whether or not the panel’s decision is the same as the amendment proposed by the chief executive or recommended by the dangerous goods authority), and should have effect as amended in all participating jurisdictions or this jurisdiction and 1 or more other participating jurisdictions; or (ii) should not be amended; or (iii) should, or should not, be suspended or cancelled.\n- (i) should be amended (whether or not the panel’s decision is the same as the amendment proposed by the chief executive or recommended by the dangerous goods authority), and should have effect as amended in all participating jurisdictions or this jurisdiction and 1 or more other participating jurisdictions; or\n- (ii) should not be amended; or\n- (iii) should, or should not, be suspended or cancelled.\n- (i) should be amended (whether or not the panel’s decision is the same as the amendment proposed by the chief executive or recommended by the dangerous goods authority), and should have effect as amended in all participating jurisdictions or this jurisdiction and 1 or more other participating jurisdictions; or\n- (ii) should not be amended; or\n- (iii) should, or should not, be suspended or cancelled.","sortOrder":241},{"sectionNumber":"pt.17-div.4","sectionType":"division","heading":"Amendment, suspension or cancellation of administrative determinations","content":"## Amendment, suspension or cancellation of administrative determinations","sortOrder":242},{"sectionNumber":"sec.177","sectionType":"section","heading":"Amending, suspending or cancelling administrative determinations","content":"### sec.177 Amending, suspending or cancelling administrative determinations\n\nThe chief executive may amend, suspend or cancel an administrative determination on a ground mentioned in section 444 of the Act as if it were an approval.\nSections 445 and 447 to 449 of the Act apply for amending, suspending or cancelling an administrative determination as if the administrative determination were an approval.\n(sec.177-ssec.1) The chief executive may amend, suspend or cancel an administrative determination on a ground mentioned in section 444 of the Act as if it were an approval.\n(sec.177-ssec.2) Sections 445 and 447 to 449 of the Act apply for amending, suspending or cancelling an administrative determination as if the administrative determination were an approval.","sortOrder":243},{"sectionNumber":"pt.18","sectionType":"part","heading":"Review of decisions","content":"# Review of decisions","sortOrder":244},{"sectionNumber":"sec.178","sectionType":"section","heading":"Internal review of decisions","content":"### sec.178 Internal review of decisions\n\nA person whose interests are affected by a decision described in schedule 1 (the original decision ) may ask the chief executive to review the decision.\nThe person is entitled to receive a statement of reasons for the original decision whether or not the provision under which the decision is made requires that the person be given a statement of reasons for the decision.\nThe Transport Planning and Coordination Act 1994 , part 5 , division 2 —\napplies to the review; and\nprovides—\nfor the procedure for applying for the review and the way it is to be carried out; and\nthat the person may apply to QCAT to have the original decision stayed.\n(sec.178-ssec.1) A person whose interests are affected by a decision described in schedule 1 (the original decision ) may ask the chief executive to review the decision.\n(sec.178-ssec.2) The person is entitled to receive a statement of reasons for the original decision whether or not the provision under which the decision is made requires that the person be given a statement of reasons for the decision.\n(sec.178-ssec.3) The Transport Planning and Coordination Act 1994 , part 5 , division 2 — applies to the review; and provides— for the procedure for applying for the review and the way it is to be carried out; and that the person may apply to QCAT to have the original decision stayed.\n- (a) applies to the review; and\n- (b) provides— (i) for the procedure for applying for the review and the way it is to be carried out; and (ii) that the person may apply to QCAT to have the original decision stayed.\n- (i) for the procedure for applying for the review and the way it is to be carried out; and\n- (ii) that the person may apply to QCAT to have the original decision stayed.\n- (i) for the procedure for applying for the review and the way it is to be carried out; and\n- (ii) that the person may apply to QCAT to have the original decision stayed.","sortOrder":245},{"sectionNumber":"sec.179","sectionType":"section","heading":"External review of decisions","content":"### sec.179 External review of decisions\n\nIf a reviewed decision is not the decision sought by the applicant for the review, the chief executive must give the applicant a QCAT information notice for the reviewed decision.\nThe applicant may apply, as provided under the QCAT Act , to QCAT for a review of the reviewed decision.\nThe QCAT Act , section 22 (3) provides that QCAT may stay the operation of the reviewed decision, either on application by a person or on its own initiative.\nIn this section—\nreviewed decision means the chief executive’s decision on a review under section 178 .\n(sec.179-ssec.1) If a reviewed decision is not the decision sought by the applicant for the review, the chief executive must give the applicant a QCAT information notice for the reviewed decision.\n(sec.179-ssec.2) The applicant may apply, as provided under the QCAT Act , to QCAT for a review of the reviewed decision. The QCAT Act , section 22 (3) provides that QCAT may stay the operation of the reviewed decision, either on application by a person or on its own initiative.\n(sec.179-ssec.3) In this section— reviewed decision means the chief executive’s decision on a review under section 178 .","sortOrder":246},{"sectionNumber":"pt.19","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":247},{"sectionNumber":"sec.180","sectionType":"section","heading":"Fees","content":"### sec.180 Fees\n\nThe fees payable under this regulation are stated in schedule 2 .","sortOrder":248},{"sectionNumber":"sec.180AA","sectionType":"section","heading":"Rounding of amounts expressed as numbers of fee units","content":"### sec.180AA Rounding of amounts expressed as numbers of fee units\n\nThis section applies for working out the amount of a fee expressed in this regulation as a number of fee units.\nFor the purposes of the Acts Interpretation Act 1954 , section 48C (3) , the amount is to be rounded to the nearest multiple of 5 cents (rounding one-half upwards).\nIf a fee were 35 fee units and the value of a fee unit were $1.015, the number of dollars obtained by multiplying 35 by $1.015 would be $35.525. Because $35.525 is halfway between $35.50 and $35.55, it is rounded upwards, so the amount of the fee would be $35.55.\ns 180AA ins 2022 SL No. 56 s 17\n(sec.180AA-ssec.1) This section applies for working out the amount of a fee expressed in this regulation as a number of fee units.\n(sec.180AA-ssec.2) For the purposes of the Acts Interpretation Act 1954 , section 48C (3) , the amount is to be rounded to the nearest multiple of 5 cents (rounding one-half upwards). If a fee were 35 fee units and the value of a fee unit were $1.015, the number of dollars obtained by multiplying 35 by $1.015 would be $35.525. Because $35.525 is halfway between $35.50 and $35.55, it is rounded upwards, so the amount of the fee would be $35.55.","sortOrder":249},{"sectionNumber":"sec.180A","sectionType":"section","heading":"Particular provision for ADG Code, edition 7.7","content":"### sec.180A Particular provision for ADG Code, edition 7.7\n\nThis section applies if—\nduring the period starting on 1 October 2020 and ending on 30 September 2021, a person does an act, or omits to do an act, that would, but for this section, constitute an offence against a provision of this regulation; and\nthe act or omission would, but for this section, constitute an offence against the provision only because, for applying the provision, a reference in this regulation to the ADG Code is a reference to edition 7.7 of the ADG Code rather than edition 7.6 of the ADG Code.\nThe act or omission does not constitute an offence against the provision.\ns 180A ins 2020 SL No. 220 s 17\n(sec.180A-ssec.1) This section applies if— during the period starting on 1 October 2020 and ending on 30 September 2021, a person does an act, or omits to do an act, that would, but for this section, constitute an offence against a provision of this regulation; and the act or omission would, but for this section, constitute an offence against the provision only because, for applying the provision, a reference in this regulation to the ADG Code is a reference to edition 7.7 of the ADG Code rather than edition 7.6 of the ADG Code.\n(sec.180A-ssec.2) The act or omission does not constitute an offence against the provision.\n- (a) during the period starting on 1 October 2020 and ending on 30 September 2021, a person does an act, or omits to do an act, that would, but for this section, constitute an offence against a provision of this regulation; and\n- (b) the act or omission would, but for this section, constitute an offence against the provision only because, for applying the provision, a reference in this regulation to the ADG Code is a reference to edition 7.7 of the ADG Code rather than edition 7.6 of the ADG Code.","sortOrder":250},{"sectionNumber":"sec.180B","sectionType":"section","heading":"Particular provision for ADG Code, edition 7.8","content":"### sec.180B Particular provision for ADG Code, edition 7.8\n\nThis section applies if—\nduring the period starting on 1 April 2023 and ending on 31 March 2024, a person does an act, or omits to do an act, that would, but for this section, constitute an offence against a provision of this regulation; and\nthe act or omission would, but for this section, constitute an offence against the provision only because, for applying the provision, a reference in this regulation to the ADG Code is a reference to edition 7.8 of the ADG Code rather than edition 7.7 of the ADG Code.\nThe act or omission does not constitute an offence against the provision.\ns 180B ins 2023 SL No. 24 s 16\n(sec.180B-ssec.1) This section applies if— during the period starting on 1 April 2023 and ending on 31 March 2024, a person does an act, or omits to do an act, that would, but for this section, constitute an offence against a provision of this regulation; and the act or omission would, but for this section, constitute an offence against the provision only because, for applying the provision, a reference in this regulation to the ADG Code is a reference to edition 7.8 of the ADG Code rather than edition 7.7 of the ADG Code.\n(sec.180B-ssec.2) The act or omission does not constitute an offence against the provision.\n- (a) during the period starting on 1 April 2023 and ending on 31 March 2024, a person does an act, or omits to do an act, that would, but for this section, constitute an offence against a provision of this regulation; and\n- (b) the act or omission would, but for this section, constitute an offence against the provision only because, for applying the provision, a reference in this regulation to the ADG Code is a reference to edition 7.8 of the ADG Code rather than edition 7.7 of the ADG Code.","sortOrder":251},{"sectionNumber":"sec.180C","sectionType":"section","heading":"Transitional arrangement if ADG Code or related instrument amended or remade","content":"### sec.180C Transitional arrangement if ADG Code or related instrument amended or remade\n\nThis section applies if—\nthe 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\nthe amendment or remake has the effect of imposing a new requirement on a person, or modifying an existing requirement applying to a person, under this regulation.\nThe new requirement or modified existing requirement does not apply in relation to the person until the relevant period for the amendment or remake ends.\nFor subsection (2) , this regulation applies in relation to the person during the relevant period as if the amendment or remake had not taken effect.\nHowever, if an existing requirement is modified, a person who complies with the modified existing requirement during the relevant period is taken to comply with the existing requirement.\nThis section is subject to any other section of this regulation that provides for when or how the new requirement or modified existing requirement applies in relation to the person.\nIn this section—\nrelevant period , for an amendment or remake mentioned in subsection (1) (a) , means the period starting on the day the amendment or remake takes effect and ending on the day 12 months after that day.\nrequirement means a duty, obligation, requirement or restriction (however described).\ns 180C ins 2023 SL No. 24 s 16\n(sec.180C-ssec.1) This section applies if— the 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 the amendment or remake has the effect of imposing a new requirement on a person, or modifying an existing requirement applying to a person, under this regulation.\n(sec.180C-ssec.2) The new requirement or modified existing requirement does not apply in relation to the person until the relevant period for the amendment or remake ends.\n(sec.180C-ssec.3) For subsection (2) , this regulation applies in relation to the person during the relevant period as if the amendment or remake had not taken effect.\n(sec.180C-ssec.4) However, if an existing requirement is modified, a person who complies with the modified existing requirement during the relevant period is taken to comply with the existing requirement.\n(sec.180C-ssec.5) This section is subject to any other section of this regulation that provides for when or how the new requirement or modified existing requirement applies in relation to the person.\n(sec.180C-ssec.6) In this section— relevant period , for an amendment or remake mentioned in subsection (1) (a) , means the period starting on the day the amendment or remake takes effect and ending on the day 12 months after that day. requirement means a duty, obligation, requirement or restriction (however described).\n- (a) the 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- (b) the amendment or remake has the effect of imposing a new requirement on a person, or modifying an existing requirement applying to a person, under this regulation.","sortOrder":252},{"sectionNumber":"pt.20","sectionType":"part","heading":"Repeal and transitional provisions","content":"# Repeal and transitional provisions","sortOrder":253},{"sectionNumber":"pt.20-div.1","sectionType":"division","heading":"Repeal","content":"## Repeal","sortOrder":254},{"sectionNumber":"sec.181","sectionType":"section","heading":"Repeal","content":"### sec.181 Repeal\n\nThe Transport Infrastructure (Dangerous Goods by Rail) Regulation 2008 , SL No. 426 is repealed.","sortOrder":255},{"sectionNumber":"pt.20-div.2","sectionType":"division","heading":"Transitional provisions","content":"## Transitional provisions","sortOrder":256},{"sectionNumber":"sec.182","sectionType":"section","heading":"Definition for division","content":"### sec.182 Definition for division\n\nIn this division—\nrepealed regulation means the Transport Infrastructure (Dangerous Goods by Rail) Regulation 2008 .","sortOrder":257},{"sectionNumber":"sec.183","sectionType":"section","heading":"References to repealed regulation","content":"### sec.183 References to repealed regulation\n\nIn this part, unless otherwise stated, a reference to the repealed regulation is a reference to the repealed regulation as in force before the commencement.","sortOrder":258},{"sectionNumber":"sec.184","sectionType":"section","heading":"Lawful conduct under previous law","content":"### sec.184 Lawful conduct under previous law\n\nA person does not commit an offence against this regulation if, within 12 months after the commencement, the person transports dangerous goods in accordance with the Act , including the repealed regulation, as in force immediately before the commencement.","sortOrder":259},{"sectionNumber":"sec.185","sectionType":"section","heading":"Continuing effect of particular determinations","content":"### sec.185 Continuing effect of particular determinations\n\nThis section applies to a determination that—\nwas made under the repealed regulation; and\nwas in force in this jurisdiction immediately before the commencement; and\nis a determination in relation to something that may be decided under a provision (the relevant provision ) of section 20 or 21.\nThis section also applies to a determination, made under the repealed regulation following a review under subdivision 9, that is in relation to something that may be decided under a provision (the relevant provision ) of section 20 or 21.\nThe determination is taken to be a determination under the relevant provision, subject to the same conditions and restrictions.\nTo remove any doubt, it is declared that the determination was made when it was made under the repealed regulation.\nWithout limiting subsection (3), the chief executive may record the determination in the register of determinations kept under section 25(1)(a).\n(sec.185-ssec.1) This section applies to a determination that— was made under the repealed regulation; and was in force in this jurisdiction immediately before the commencement; and is a determination in relation to something that may be decided under a provision (the relevant provision ) of section 20 or 21.\n(sec.185-ssec.2) This section also applies to a determination, made under the repealed regulation following a review under subdivision 9, that is in relation to something that may be decided under a provision (the relevant provision ) of section 20 or 21.\n(sec.185-ssec.3) The determination is taken to be a determination under the relevant provision, subject to the same conditions and restrictions.\n(sec.185-ssec.4) To remove any doubt, it is declared that the determination was made when it was made under the repealed regulation.\n(sec.185-ssec.5) Without limiting subsection (3), the chief executive may record the determination in the register of determinations kept under section 25(1)(a).\n- (a) was made under the repealed regulation; and\n- (b) was in force in this jurisdiction immediately before the commencement; and\n- (c) is a determination in relation to something that may be decided under a provision (the relevant provision ) of section 20 or 21.","sortOrder":260},{"sectionNumber":"sec.186","sectionType":"section","heading":"Existing applications for administrative determinations","content":"### sec.186 Existing applications for administrative determinations\n\nThis section applies to an application that—\nis for an administrative determination in relation to something that may be decided under a provision (the relevant provision ) mentioned in section 185(1)(c); and\nwas made under section 165 of the repealed regulation; and\nhad not been finally decided before the commencement.\nOn the commencement, the application is taken to be an application made under section 166 for an administrative determination under the relevant provision.\n(sec.186-ssec.1) This section applies to an application that— is for an administrative determination in relation to something that may be decided under a provision (the relevant provision ) mentioned in section 185(1)(c); and was made under section 165 of the repealed regulation; and had not been finally decided before the commencement.\n(sec.186-ssec.2) On the commencement, the application is taken to be an application made under section 166 for an administrative determination under the relevant provision.\n- (a) is for an administrative determination in relation to something that may be decided under a provision (the relevant provision ) mentioned in section 185(1)(c); and\n- (b) was made under section 165 of the repealed regulation; and\n- (c) had not been finally decided before the commencement.","sortOrder":261},{"sectionNumber":"sec.187","sectionType":"section","heading":"Existing applications for amendments of administrative determinations","content":"### sec.187 Existing applications for amendments of administrative determinations\n\nThis section applies to an application that—\nis for an amendment of an administrative determination in relation to something that may be decided under a provision (the relevant provision ) mentioned in section 185(1)(c); and\nwas made under section 165 of the repealed regulation; and\nhad not been finally decided before the commencement.\nOn the commencement, the application is taken to be an application made under section 166 for an amendment of the administrative determination under the relevant provision.\n(sec.187-ssec.1) This section applies to an application that— is for an amendment of an administrative determination in relation to something that may be decided under a provision (the relevant provision ) mentioned in section 185(1)(c); and was made under section 165 of the repealed regulation; and had not been finally decided before the commencement.\n(sec.187-ssec.2) On the commencement, the application is taken to be an application made under section 166 for an amendment of the administrative determination under the relevant provision.\n- (a) is for an amendment of an administrative determination in relation to something that may be decided under a provision (the relevant provision ) mentioned in section 185(1)(c); and\n- (b) was made under section 165 of the repealed regulation; and\n- (c) had not been finally decided before the commencement.","sortOrder":262},{"sectionNumber":"sec.188","sectionType":"section","heading":"Continuing effect of particular approvals","content":"### sec.188 Continuing effect of particular approvals\n\nThis section applies to an approval that—\nwas given under the repealed regulation; and\nwas in force in this jurisdiction immediately before the commencement; and\nis an approval of something that may be approved under a provision (the relevant provision ) of any of the following sections—\nsection 46;\nsection 49;\nsection 106;\nsection 107;\nsection 110;\nsection 134.\nThis section also applies to an approval, given under the repealed regulation following a review under subdivision 9, that is an approval of something that may be approved under a provision (the relevant provision ) mentioned in subsection (1)(c).\nThe approval is taken to be an approval given by the chief executive under the relevant provision subject to the same conditions and restrictions.\nTo remove any doubt, it is declared that the approval was given when it was given under the repealed regulation.\nWithout limiting subsection (3), the chief executive may record the approval in the register of approvals kept under section 172(1)(a).\nIf the approval does not have an expiry day, the approval expires 5 years after the commencement.\n(sec.188-ssec.1) This section applies to an approval that— was given under the repealed regulation; and was in force in this jurisdiction immediately before the commencement; and is an approval of something that may be approved under a provision (the relevant provision ) of any of the following sections— section 46; section 49; section 106; section 107; section 110; section 134.\n(sec.188-ssec.2) This section also applies to an approval, given under the repealed regulation following a review under subdivision 9, that is an approval of something that may be approved under a provision (the relevant provision ) mentioned in subsection (1)(c).\n(sec.188-ssec.3) The approval is taken to be an approval given by the chief executive under the relevant provision subject to the same conditions and restrictions.\n(sec.188-ssec.4) To remove any doubt, it is declared that the approval was given when it was given under the repealed regulation.\n(sec.188-ssec.5) Without limiting subsection (3), the chief executive may record the approval in the register of approvals kept under section 172(1)(a).\n(sec.188-ssec.6) If the approval does not have an expiry day, the approval expires 5 years after the commencement.\n- (a) was given under the repealed regulation; and\n- (b) was in force in this jurisdiction immediately before the commencement; and\n- (c) is an approval of something that may be approved under a provision (the relevant provision ) of any of the following sections— (i) section 46; (ii) section 49; (iii) section 106; (iv) section 107; (v) section 110; (vi) section 134.\n- (i) section 46;\n- (ii) section 49;\n- (iii) section 106;\n- (iv) section 107;\n- (v) section 110;\n- (vi) section 134.\n- (i) section 46;\n- (ii) section 49;\n- (iii) section 106;\n- (iv) section 107;\n- (v) section 110;\n- (vi) section 134.","sortOrder":263},{"sectionNumber":"sec.189","sectionType":"section","heading":"Existing applications for particular approvals","content":"### sec.189 Existing applications for particular approvals\n\nThis section applies to an application that—\nis for an approval of something that may be approved under a provision (the relevant provision ) mentioned in section 188(1)(c); and\nwas made under section 165 of the repealed regulation; and\nhad not been finally decided before the commencement.\nOn the commencement, the application is taken to be an application made under section 166 for an approval under the relevant provision.\n(sec.189-ssec.1) This section applies to an application that— is for an approval of something that may be approved under a provision (the relevant provision ) mentioned in section 188(1)(c); and was made under section 165 of the repealed regulation; and had not been finally decided before the commencement.\n(sec.189-ssec.2) On the commencement, the application is taken to be an application made under section 166 for an approval under the relevant provision.\n- (a) is for an approval of something that may be approved under a provision (the relevant provision ) mentioned in section 188(1)(c); and\n- (b) was made under section 165 of the repealed regulation; and\n- (c) had not been finally decided before the commencement.","sortOrder":264},{"sectionNumber":"sec.190","sectionType":"section","heading":"Existing applications for amendments of particular approvals","content":"### sec.190 Existing applications for amendments of particular approvals\n\nThis section applies to an application that—\nis for an amendment of an approval of something that may be approved under a provision (the relevant provision ) mentioned in section 188(1)(c); and\nwas made under section 165 of the repealed regulation; and\nhad not been finally decided before the commencement.\nOn the commencement, the application is taken to be an application made under section 166 for an amendment of an approval under the relevant provision.\n(sec.190-ssec.1) This section applies to an application that— is for an amendment of an approval of something that may be approved under a provision (the relevant provision ) mentioned in section 188(1)(c); and was made under section 165 of the repealed regulation; and had not been finally decided before the commencement.\n(sec.190-ssec.2) On the commencement, the application is taken to be an application made under section 166 for an amendment of an approval under the relevant provision.\n- (a) is for an amendment of an approval of something that may be approved under a provision (the relevant provision ) mentioned in section 188(1)(c); and\n- (b) was made under section 165 of the repealed regulation; and\n- (c) had not been finally decided before the commencement.","sortOrder":265},{"sectionNumber":"sec.191","sectionType":"section","heading":"Existing exemptions","content":"### sec.191 Existing exemptions\n\nThis section applies to an exemption granted by the chief executive under section 443 of the Act that—\nexempts a person or class of persons from complying with a provision of the repealed regulation that is substantially the same as a provision (the relevant provision ) of this regulation; and\nwas in effect immediately before the commencement.\nThis section also applies to an exemption made under section 443 of the Act after the commencement—\nfollowing a review under section 485 or 485A of the Act ; and\nthat exempts a person or class of persons from complying with a provision of the repealed regulation that is substantially the same as a provision (the relevant provision ) of this regulation.\nA reference in the exemption to the provision of the repealed regulation is taken to be a reference to the relevant provision of this regulation.\n(sec.191-ssec.1) This section applies to an exemption granted by the chief executive under section 443 of the Act that— exempts a person or class of persons from complying with a provision of the repealed regulation that is substantially the same as a provision (the relevant provision ) of this regulation; and was in effect immediately before the commencement.\n(sec.191-ssec.2) This section also applies to an exemption made under section 443 of the Act after the commencement— following a review under section 485 or 485A of the Act ; and that exempts a person or class of persons from complying with a provision of the repealed regulation that is substantially the same as a provision (the relevant provision ) of this regulation.\n(sec.191-ssec.3) A reference in the exemption to the provision of the repealed regulation is taken to be a reference to the relevant provision of this regulation.\n- (a) exempts a person or class of persons from complying with a provision of the repealed regulation that is substantially the same as a provision (the relevant provision ) of this regulation; and\n- (b) was in effect immediately before the commencement.\n- (a) following a review under section 485 or 485A of the Act ; and\n- (b) that exempts a person or class of persons from complying with a provision of the repealed regulation that is substantially the same as a provision (the relevant provision ) of this regulation.","sortOrder":266},{"sectionNumber":"sec.192","sectionType":"section","heading":"Existing applications for exemptions","content":"### sec.192 Existing applications for exemptions\n\nThis section applies to an application made under section 158 of the repealed regulation that—\nis for an exemption from complying with a provision of the repealed regulation that is substantially the same as a provision (the relevant provision ) of this regulation; and\nhad not been finally decided before the commencement.\nOn the commencement, the application is taken to be an application made under section 159 for an exemption from complying with the relevant provision.\n(sec.192-ssec.1) This section applies to an application made under section 158 of the repealed regulation that— is for an exemption from complying with a provision of the repealed regulation that is substantially the same as a provision (the relevant provision ) of this regulation; and had not been finally decided before the commencement.\n(sec.192-ssec.2) On the commencement, the application is taken to be an application made under section 159 for an exemption from complying with the relevant provision.\n- (a) is for an exemption from complying with a provision of the repealed regulation that is substantially the same as a provision (the relevant provision ) of this regulation; and\n- (b) had not been finally decided before the commencement.","sortOrder":267},{"sectionNumber":"sec.193","sectionType":"section","heading":"Particular existing requirements continue","content":"### sec.193 Particular existing requirements continue\n\nThis section applies if—\nbefore the commencement, a requirement was made of a person, or a person was required to do something, under any of the following sections of the repealed regulation—\nsection 19(5);\nsection 72(2);\nsection 73(2);\nsection 126(3);\nsection 128(2);\nsection 133(2);\nsection 136;\nsection 137;\nsection 145(5);\nsection 146(2);\nsection 147(2);\nsection 148(2); and\nthe requirement had not been complied with before the commencement.\nThe requirement continues to apply in relation to the person as if this regulation had not been made.\nThe repealed regulation as in force immediately before the commencement continues to apply in relation to the requirement as if this regulation had not been made.\n(sec.193-ssec.1) This section applies if— before the commencement, a requirement was made of a person, or a person was required to do something, under any of the following sections of the repealed regulation— section 19(5); section 72(2); section 73(2); section 126(3); section 128(2); section 133(2); section 136; section 137; section 145(5); section 146(2); section 147(2); section 148(2); and the requirement had not been complied with before the commencement.\n(sec.193-ssec.2) The requirement continues to apply in relation to the person as if this regulation had not been made.\n(sec.193-ssec.3) The repealed regulation as in force immediately before the commencement continues to apply in relation to the requirement as if this regulation had not been made.\n- (a) before the commencement, a requirement was made of a person, or a person was required to do something, under any of the following sections of the repealed regulation— (i) section 19(5); (ii) section 72(2); (iii) section 73(2); (iv) section 126(3); (v) section 128(2); (vi) section 133(2); (vii) section 136; (viii) section 137; (ix) section 145(5); (x) section 146(2); (xi) section 147(2); (xii) section 148(2); and\n- (i) section 19(5);\n- (ii) section 72(2);\n- (iii) section 73(2);\n- (iv) section 126(3);\n- (v) section 128(2);\n- (vi) section 133(2);\n- (vii) section 136;\n- (viii) section 137;\n- (ix) section 145(5);\n- (x) section 146(2);\n- (xi) section 147(2);\n- (xii) section 148(2); and\n- (b) the requirement had not been complied with before the commencement.\n- (i) section 19(5);\n- (ii) section 72(2);\n- (iii) section 73(2);\n- (iv) section 126(3);\n- (v) section 128(2);\n- (vi) section 133(2);\n- (vii) section 136;\n- (viii) section 137;\n- (ix) section 145(5);\n- (x) section 146(2);\n- (xi) section 147(2);\n- (xii) section 148(2); and","sortOrder":268},{"sectionNumber":"sec.194","sectionType":"section","heading":"Requirements relating to particular incidents continue","content":"### sec.194 Requirements relating to particular incidents continue\n\nThis section applies if—\nan incident to which section 141, 142 or 143 of the repealed regulation applies happened before the commencement; and\nthe section required something to be done or not done in relation to the incident; and\nthe thing had not been done, or had been done, before the commencement.\nThe repealed regulation as in force immediately before the commencement continues to apply in relation to the incident as if this regulation had not been made.\n(sec.194-ssec.1) This section applies if— an incident to which section 141, 142 or 143 of the repealed regulation applies happened before the commencement; and the section required something to be done or not done in relation to the incident; and the thing had not been done, or had been done, before the commencement.\n(sec.194-ssec.2) The repealed regulation as in force immediately before the commencement continues to apply in relation to the incident as if this regulation had not been made.\n- (a) an incident to which section 141, 142 or 143 of the repealed regulation applies happened before the commencement; and\n- (b) the section required something to be done or not done in relation to the incident; and\n- (c) the thing had not been done, or had been done, before the commencement.","sortOrder":269},{"sectionNumber":"sec.195","sectionType":"section","heading":"Continuing effect of particular permissions","content":"### sec.195 Continuing effect of particular permissions\n\nThis section applies if, before the commencement—\nthe chief executive gave a permission to a prime contractor under section 142(2) of the repealed regulation to transport food or food packaging from a site; and\nthe food or food packaging had not been removed from the site.\nThe permission is taken to be a permission given by the chief executive under section 142(2) of this regulation.\nTo remove any doubt, it is declared that the permission was given when it was given under the repealed regulation.\n(sec.195-ssec.1) This section applies if, before the commencement— the chief executive gave a permission to a prime contractor under section 142(2) of the repealed regulation to transport food or food packaging from a site; and the food or food packaging had not been removed from the site.\n(sec.195-ssec.2) The permission is taken to be a permission given by the chief executive under section 142(2) of this regulation.\n(sec.195-ssec.3) To remove any doubt, it is declared that the permission was given when it was given under the repealed regulation.\n- (a) the chief executive gave a permission to a prime contractor under section 142(2) of the repealed regulation to transport food or food packaging from a site; and\n- (b) the food or food packaging had not been removed from the site.","sortOrder":270},{"sectionNumber":"sec.196","sectionType":"section","heading":"Continuing effect of particular directions","content":"### sec.196 Continuing effect of particular directions\n\nThis section applies if, before the commencement—\nthe chief executive gave a direction to a rail operator under section 142(3) of the repealed regulation to deal with food or food packaging; and\nthe food or food packaging had not been dealt with under the direction.\nThe direction is taken to be a direction given by the chief executive under section 142(3) of this regulation.\nTo remove any doubt, it is declared that the direction was given when it was given under the repealed regulation.\n(sec.196-ssec.1) This section applies if, before the commencement— the chief executive gave a direction to a rail operator under section 142(3) of the repealed regulation to deal with food or food packaging; and the food or food packaging had not been dealt with under the direction.\n(sec.196-ssec.2) The direction is taken to be a direction given by the chief executive under section 142(3) of this regulation.\n(sec.196-ssec.3) To remove any doubt, it is declared that the direction was given when it was given under the repealed regulation.\n- (a) the chief executive gave a direction to a rail operator under section 142(3) of the repealed regulation to deal with food or food packaging; and\n- (b) the food or food packaging had not been dealt with under the direction.","sortOrder":271},{"sectionNumber":"sec.197","sectionType":"section","heading":"Existing recommendations by chief executive","content":"### sec.197 Existing recommendations by chief executive\n\nThis section applies if, before the commencement—\nthe chief executive made a recommendation under section 152(2) of the repealed regulation that a dangerous goods authority take a proposed action; and\nthe dangerous goods authority had not taken the proposed action.\nOn the commencement, the recommendation is taken to have been made by the chief executive under section 152(2) of this regulation.\n(sec.197-ssec.1) This section applies if, before the commencement— the chief executive made a recommendation under section 152(2) of the repealed regulation that a dangerous goods authority take a proposed action; and the dangerous goods authority had not taken the proposed action.\n(sec.197-ssec.2) On the commencement, the recommendation is taken to have been made by the chief executive under section 152(2) of this regulation.\n- (a) the chief executive made a recommendation under section 152(2) of the repealed regulation that a dangerous goods authority take a proposed action; and\n- (b) the dangerous goods authority had not taken the proposed action.","sortOrder":272},{"sectionNumber":"sec.198","sectionType":"section","heading":"Existing recommendations by dangerous goods authority","content":"### sec.198 Existing recommendations by dangerous goods authority\n\nThis section applies if, before the commencement—\na dangerous goods authority made a recommendation under the repealed regulation, section 153(1) that the chief executive do a thing stated in the repealed regulation, section 153(1); and\nthe chief executive had not done the thing.\nOn the commencement, the recommendation is taken to have been made by the dangerous goods authority under section 153(1) of this regulation.\n(sec.198-ssec.1) This section applies if, before the commencement— a dangerous goods authority made a recommendation under the repealed regulation, section 153(1) that the chief executive do a thing stated in the repealed regulation, section 153(1); and the chief executive had not done the thing.\n(sec.198-ssec.2) On the commencement, the recommendation is taken to have been made by the dangerous goods authority under section 153(1) of this regulation.\n- (a) a dangerous goods authority made a recommendation under the repealed regulation, section 153(1) that the chief executive do a thing stated in the repealed regulation, section 153(1); and\n- (b) the chief executive had not done the thing.","sortOrder":273},{"sectionNumber":"sec.199","sectionType":"section","heading":"Existing referrals by chief executive","content":"### sec.199 Existing referrals by chief executive\n\nThis section applies if, before the commencement—\nthe chief executive had referred a matter to the competent authorities panel under—\nsection 153A(2) of the repealed regulation; or\nsection 162(1) or (2) of the repealed regulation; or\nsection 173(1) or (2) of the repealed regulation; and\nthe competent authorities panel had not made a decision in relation to the referral.\nOn the commencement, the referral is taken to have been made by the chief executive under—\nif the referral was made under section 153A(2) of the repealed regulation—section 154(2); or\nif the referral was made under section 162(1) or (2) of the repealed regulation—section 163(1) or (2); or\nif the referral was made under section 173(1) or (2) of the repealed regulation—section 174(1) or (2).\n(sec.199-ssec.1) This section applies if, before the commencement— the chief executive had referred a matter to the competent authorities panel under— section 153A(2) of the repealed regulation; or section 162(1) or (2) of the repealed regulation; or section 173(1) or (2) of the repealed regulation; and the competent authorities panel had not made a decision in relation to the referral.\n(sec.199-ssec.2) On the commencement, the referral is taken to have been made by the chief executive under— if the referral was made under section 153A(2) of the repealed regulation—section 154(2); or if the referral was made under section 162(1) or (2) of the repealed regulation—section 163(1) or (2); or if the referral was made under section 173(1) or (2) of the repealed regulation—section 174(1) or (2).\n- (a) the chief executive had referred a matter to the competent authorities panel under— (i) section 153A(2) of the repealed regulation; or (ii) section 162(1) or (2) of the repealed regulation; or (iii) section 173(1) or (2) of the repealed regulation; and\n- (i) section 153A(2) of the repealed regulation; or\n- (ii) section 162(1) or (2) of the repealed regulation; or\n- (iii) section 173(1) or (2) of the repealed regulation; and\n- (b) the competent authorities panel had not made a decision in relation to the referral.\n- (i) section 153A(2) of the repealed regulation; or\n- (ii) section 162(1) or (2) of the repealed regulation; or\n- (iii) section 173(1) or (2) of the repealed regulation; and\n- (a) if the referral was made under section 153A(2) of the repealed regulation—section 154(2); or\n- (b) if the referral was made under section 162(1) or (2) of the repealed regulation—section 163(1) or (2); or\n- (c) if the referral was made under section 173(1) or (2) of the repealed regulation—section 174(1) or (2).","sortOrder":274},{"sectionNumber":"sec.200","sectionType":"section","heading":"Definition for subdivision","content":"### sec.200 Definition for subdivision\n\nIn this subdivision—\nreviewable decision means a decision mentioned in schedule 1 of the repealed regulation.","sortOrder":275},{"sectionNumber":"sec.201","sectionType":"section","heading":"Internal reviews about particular decisions","content":"### sec.201 Internal reviews about particular decisions\n\nSubsection (2) applies if, before the commencement—\na person made an application under section 177 of the repealed regulation for a review of a reviewable decision; and\na decision on the application for review had not been made.\nThe decision (the review decision ) on the application for review must be made under the repealed regulation as in force immediately before the commencement.\nSubsections (4) and (5) apply if—\nimmediately before the commencement, a person could have applied under section 177 of the repealed regulation for a review of a reviewable decision; and\nthe person had not made the application before the commencement.\nThe person may apply for a review of the decision under the repealed regulation as in force immediately before the commencement.\nIf the person applies for a review of the decision, the decision (also the review decision ) on the application must be made under the repealed regulation as in force immediately before the commencement.\nIf the review decision is an amendment or substitution of the reviewable decision, the review decision must be given effect under the repealed regulation.\nIf the effect of a review decision about the chief executive’s refusal to make an administrative determination is that the administrative determination must be made, the administrative determination must be made under the repealed regulation as in force immediately before the commencement.\nIf the review decision is a confirmation of the reviewable decision, despite the repeal of the repealed regulation—\nthe matter to which the reviewable decision relates continues to be a matter to be dealt with under the repealed regulation as in force immediately before the commencement; and\nIf the reviewable decision relates to an application for an administrative determination, the application continues to be an application for an administrative determination under the repealed regulation as in force immediately before the commencement.\nany further decision about the matter must be made under the repealed regulation as in force immediately before the commencement; and\nthe person in relation to whom the review decision is made may apply to QCAT for a review of the review decision under the repealed regulation as in force immediately before the commencement.\nFor subsections (2) and (4) to (7), the repealed regulation continues to have effect as if this regulation had not been made.\n(sec.201-ssec.1) Subsection (2) applies if, before the commencement— a person made an application under section 177 of the repealed regulation for a review of a reviewable decision; and a decision on the application for review had not been made.\n(sec.201-ssec.2) The decision (the review decision ) on the application for review must be made under the repealed regulation as in force immediately before the commencement.\n(sec.201-ssec.3) Subsections (4) and (5) apply if— immediately before the commencement, a person could have applied under section 177 of the repealed regulation for a review of a reviewable decision; and the person had not made the application before the commencement.\n(sec.201-ssec.4) The person may apply for a review of the decision under the repealed regulation as in force immediately before the commencement.\n(sec.201-ssec.5) If the person applies for a review of the decision, the decision (also the review decision ) on the application must be made under the repealed regulation as in force immediately before the commencement.\n(sec.201-ssec.6) If the review decision is an amendment or substitution of the reviewable decision, the review decision must be given effect under the repealed regulation. If the effect of a review decision about the chief executive’s refusal to make an administrative determination is that the administrative determination must be made, the administrative determination must be made under the repealed regulation as in force immediately before the commencement.\n(sec.201-ssec.7) If the review decision is a confirmation of the reviewable decision, despite the repeal of the repealed regulation— the matter to which the reviewable decision relates continues to be a matter to be dealt with under the repealed regulation as in force immediately before the commencement; and If the reviewable decision relates to an application for an administrative determination, the application continues to be an application for an administrative determination under the repealed regulation as in force immediately before the commencement. any further decision about the matter must be made under the repealed regulation as in force immediately before the commencement; and the person in relation to whom the review decision is made may apply to QCAT for a review of the review decision under the repealed regulation as in force immediately before the commencement.\n(sec.201-ssec.8) For subsections (2) and (4) to (7), the repealed regulation continues to have effect as if this regulation had not been made.\n- (a) a person made an application under section 177 of the repealed regulation for a review of a reviewable decision; and\n- (b) a decision on the application for review had not been made.\n- (a) immediately before the commencement, a person could have applied under section 177 of the repealed regulation for a review of a reviewable decision; and\n- (b) the person had not made the application before the commencement.\n- (a) the matter to which the reviewable decision relates continues to be a matter to be dealt with under the repealed regulation as in force immediately before the commencement; and Example— If the reviewable decision relates to an application for an administrative determination, the application continues to be an application for an administrative determination under the repealed regulation as in force immediately before the commencement.\n- (b) any further decision about the matter must be made under the repealed regulation as in force immediately before the commencement; and\n- (c) the person in relation to whom the review decision is made may apply to QCAT for a review of the review decision under the repealed regulation as in force immediately before the commencement.","sortOrder":276},{"sectionNumber":"sec.202","sectionType":"section","heading":"External reviews about particular decisions","content":"### sec.202 External reviews about particular decisions\n\nSubsection (2) applies if—\na person had applied to QCAT under section 177A of the repealed regulation to review a decision made under section 177A of the Act confirming a reviewable decision; and\nthe review has not been decided before the commencement.\nQCAT must review, or continue to review, the application under the repealed regulation as in force immediately before the commencement.\nSubsection (5) applies if—\nimmediately before the commencement, a person could have applied to QCAT under section 177A of the repealed regulation to review a decision mentioned in subsection (1)(a); and\nthe person had not made the application before the commencement.\nSubsection (5) also applies in relation to a decision made under section 201(2) or (5) of this regulation.\nThe person may apply to QCAT for a review of the decision under the repealed regulation as in force immediately before the commencement.\nIf the person applies for a review of the decision, QCAT must review the decision under the repealed regulation as in force immediately before the commencement.\nIf QCAT decides in favour of the applicant, the chief executive must give effect to QCAT’s decision under the repealed regulation as in force immediately before the commencement.\nIf QCAT decides that an administrative determination the subject of the appeal must be made, the administrative determination must be made under the repealed regulation as in force immediately before the commencement.\nIf QCAT refers the matter to the chief executive with directions—\nthe matter must be dealt with under the repealed regulation as in force immediately before the commencement; and\nthe chief executive must follow QCAT’s directions to the extent possible.\nIf QCAT confirms the decision being reviewed, despite the repeal of the repealed regulation—\nthe matter to which the decision relates continues to be a matter to be dealt with under the repealed regulation as in force immediately before the commencement; and\nIf the decision being reviewed relates to an application for an administrative determination, the application continues to be an application for an administrative determination under the repealed regulation as in force immediately before the commencement.\nany further decision about the matter must be made under the repealed regulation as in force immediately before the commencement.\nFor subsections (2) and (5) to (9), the repealed regulation continues to have effect as if this regulation had not been made.\n(sec.202-ssec.1) Subsection (2) applies if— a person had applied to QCAT under section 177A of the repealed regulation to review a decision made under section 177A of the Act confirming a reviewable decision; and the review has not been decided before the commencement.\n(sec.202-ssec.2) QCAT must review, or continue to review, the application under the repealed regulation as in force immediately before the commencement.\n(sec.202-ssec.3) Subsection (5) applies if— immediately before the commencement, a person could have applied to QCAT under section 177A of the repealed regulation to review a decision mentioned in subsection (1)(a); and the person had not made the application before the commencement.\n(sec.202-ssec.4) Subsection (5) also applies in relation to a decision made under section 201(2) or (5) of this regulation.\n(sec.202-ssec.5) The person may apply to QCAT for a review of the decision under the repealed regulation as in force immediately before the commencement.\n(sec.202-ssec.6) If the person applies for a review of the decision, QCAT must review the decision under the repealed regulation as in force immediately before the commencement.\n(sec.202-ssec.7) If QCAT decides in favour of the applicant, the chief executive must give effect to QCAT’s decision under the repealed regulation as in force immediately before the commencement. If QCAT decides that an administrative determination the subject of the appeal must be made, the administrative determination must be made under the repealed regulation as in force immediately before the commencement.\n(sec.202-ssec.8) If QCAT refers the matter to the chief executive with directions— the matter must be dealt with under the repealed regulation as in force immediately before the commencement; and the chief executive must follow QCAT’s directions to the extent possible.\n(sec.202-ssec.9) If QCAT confirms the decision being reviewed, despite the repeal of the repealed regulation— the matter to which the decision relates continues to be a matter to be dealt with under the repealed regulation as in force immediately before the commencement; and If the decision being reviewed relates to an application for an administrative determination, the application continues to be an application for an administrative determination under the repealed regulation as in force immediately before the commencement. any further decision about the matter must be made under the repealed regulation as in force immediately before the commencement.\n(sec.202-ssec.10) For subsections (2) and (5) to (9), the repealed regulation continues to have effect as if this regulation had not been made.\n- (a) a person had applied to QCAT under section 177A of the repealed regulation to review a decision made under section 177A of the Act confirming a reviewable decision; and\n- (b) the review has not been decided before the commencement.\n- (a) immediately before the commencement, a person could have applied to QCAT under section 177A of the repealed regulation to review a decision mentioned in subsection (1)(a); and\n- (b) the person had not made the application before the commencement.\n- (a) the matter must be dealt with under the repealed regulation as in force immediately before the commencement; and\n- (b) the chief executive must follow QCAT’s directions to the extent possible.\n- (a) the matter to which the decision relates continues to be a matter to be dealt with under the repealed regulation as in force immediately before the commencement; and Example— If the decision being reviewed relates to an application for an administrative determination, the application continues to be an application for an administrative determination under the repealed regulation as in force immediately before the commencement.\n- (b) any further decision about the matter must be made under the repealed regulation as in force immediately before the commencement.","sortOrder":277}],"analysis":{"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":false,"description":"This regulation primarily replaces and modernises the 2008 regulation to give effect to the ADG Code for rail transport and to set out administrative machinery (determinations, approvals, exemptions, registers, mutual recognition). The changes are largely updates and added administrative detail (e.g. registers, competent authorities panel interaction, transitional relief for ADG Code edition changes — secs 180A–180C) rather than a material expansion beyond the original purpose of prescribing obligations and safety standards for dangerous goods by rail. The regulation does increase procedural detail and centralised discretionary pathways (chief executive approvals/determinations and mutual recognition mechanisms), but those are consistent with the core regulatory objective stated in sec 3 rather than a significant change of scope."},"complexity_factors":["Extensive cross‑references to the ADG Code throughout (numerous chapters cited: parts/chapters on classification, packaging (part 4/chapters 3.4/3.5/6), stowage (7.1), restraint (8.1/8.2), segregation/marshalling (part 9), bulk transfer (part 10), documentation and emergency info (part 11)) — see secs 7, 42 and many duty provisions","Large number of defined technical terms and special definitions (see secs 6, 13–17, 29–34 and schedule references), including multi‑part definitions (e.g. bulk container, IBC, tank references)","Numerous conditional duties with layered parties and roles (consignors, packers, loaders, prime contractors, rail operators, drivers, occupiers) each subject to distinct obligations and penalties — scattered across many parts (e.g. secs 37–40, 53–66, 75–90, 95–109, 116–123)","Multiple classes of regulatory instruments and administrative action: determinations, administrative determinations, approvals, exemptions, registers and mutual recognition mechanisms — with application, amendment, review and record rules (secs 20–27, 159–176, 25–26, 161, 172, 154–157)","Inter‑jurisdictional coordination and mutual recognition features (competent authorities panel, corresponding determinations/approvals/exemptions) adding procedural complexity (secs 28, 152–157, 163–176)","Wide range of penalty levels and offences (from small penalty units to 40 penalty units) varying by role, by offence type and by context — requires careful identification of the right offence and party","Detailed transitional and savings provisions carrying over the repealed 2008 regulation’s decisions, applications and reviews — many temporal/conditional clauses (secs 181–202)","Multiple procedural timeframes and technical evidence requirements (application forms, test certificates, 14‑day response periods, 3‑month document retention, 21‑day incident reports) — see secs 45, 48, 71–72, 126, 143","Discretion concentrated in the chief executive plus delegated or authorised entities (sec 50) and external review paths (secs 178–179) — legal outcomes depend on administrative choices and potential appeals"],"plain_english_summary":"**What this regulation does (mechanics)\n\n- Prescribes safety duties and offences for every person who participates in transporting dangerous goods by rail — including consignors (senders), packers, loaders, prime contractors, rail operators, owners, drivers and passengers (see secs 3, 18, 37–40, 53–66, 75–77, 83–90, 95–97, 111–112).  Penalties for non‑compliance are specified throughout.  \n\n- Incorporates the Australian Dangerous Goods Code (ADG Code) as the technical standard for classification, packaging, marking, placarding, stowage, segregation/marshalling, vehicle/equipment standards, bulk transfers, documentation and emergency information (see secs 3, 7, 8, and many substantive cross‑references: parts 4–12 of the regulation).  Where this regulation conflicts with an adopted instrument, the regulation prevails except for defined terms in the instrument (sec 9).  \n\n- Creates a powers and administrative framework for the chief executive to make written determinations, approvals and exemptions that can modify or substitute ADG Code requirements for specified goods, vehicles, routes, areas, times or packaging (secs 20–27, 46–50, 106, 110, 134, 159–176).  The chief executive must keep registers and records of determinations, approvals and exemptions (secs 25–26, 161, 172).  \n\n- Sets training and competence obligations for people performing regulated tasks (packing, consigning, loading, placarding, preparing documentation, driving, emergency procedures) and gives the chief executive power to require evidence of training (sec 18).  \n\n- Defines exemptions and an application process; provides mutual recognition and cooperation mechanisms with other jurisdictions through a competent authorities panel (secs 154–157, 158–165).  \n\n- Prescribes incident reporting, emergency plan and telephone advisory service requirements for placarded loads and obligations to provide emergency information and resources after incidents (secs 141–148, 144–147).  \n\n- Repeals the 2008 regulation and contains transitional and savings provisions for existing approvals, determinations, exemptions and applications (pts 20, secs 181–202).  \n\nWhy it matters (official purpose claim and practical effect)\n\n- Official purpose: to prescribe obligations for people involved in rail carriage of dangerous goods, reduce rail transport risks, give effect to ADG Code standards where applicable, and promote consistency with other transport modes (sec 3).  \n\n- Practical effect: it makes compliance with the ADG Code (and any chief executive determinations/approvals) a legal requirement for rail carriage of dangerous goods. Businesses carrying, packaging or handling dangerous goods by rail must adopt ADG Code technical requirements and administrative steps (marking, placarding, documentation, training, emergency planning). Failure to comply attracts civil penalties set in the regulation. (See, for example, packaging duties secs 41–71; marking/placarding secs 73–82; documentation secs 124–133; emergency plans secs 144–147.)\n\nWho pays, who decides, and what behaviour changes\n\n- Who pays: commercial parties in the rail dangerous‑goods supply chain — consignors, packers, loaders, prime contractors, rail operators, owners, manufacturers of tanks/packaging, and, where relevant, occupiers of premises (see many specific duty sections: e.g. secs 37–40, 53–64, 59–61, 116–119, 145–148).  Costs include upgraded packaging, testing, marking/placarding, training, record‑keeping, emergency planning, approvals fees (sec 180), and possible operational changes (routing, scheduling).  \n\n- Who decides: the regulation vests substantial discretion in the chief executive (to make determinations, approvals, exemptions, require evidence and tests, keep registers and refer matters to the competent authorities panel) (secs 20–27, 45–50, 159–176). The competent authorities panel and other jurisdictions may give corresponding effect to decisions across jurisdictions (secs 154–157). Authorised persons and emergency service officers have inspection and enforcement roles (see duties to produce documentation, secs 128, 133).  \n\n- Behaviour changes required: classify goods per ADG Code; use approved packaging or get design approvals (secs 43–51); mark, label and placard loads correctly and maintain transport documentation and emergency information (secs 73–81, 124–133); ensure training and supervision for anyone performing regulated tasks (sec 18); comply with segregation, stowage and marshalling rules (parts 8–9); follow bulk transfer, filling ratios and hose inspection rules (part 11); implement emergency plans and telephone advisory service availability for placard loads (secs 144–147).  \n\nTrade‑offs, costs and implementation risk (light analytical test of the official purpose)\n\n- Compliance burden and direct costs: The regulation translates ADG Code technical requirements into enforceable obligations for rail transport. Businesses will incur costs for compliant packaging, performance testing, attaching compliance plates, inspection/test regimes for hose assemblies, staff training, record keeping, emergency planning and fees for approvals/exemptions (see secs 45–50, 59, 71–73, 115–119, 126, 145, 180).  \n\n- Administrative discretion and delay risk: Many permissions, variances and non‑standard methods depend on chief executive approvals or administrative determinations (secs 20–27, 49–50, 106, 110, 134, 159–176). That central decision point concentrates regulatory discretion and creates potential for processing delays which can affect commercial scheduling. The regulation includes internal and external review routes (secs 178–179), but those do not remove short‑term delay or uncertainty.  \n\n- Implementation complexity: The regulation is heavily cross‑referenced to the ADG Code and to specific ADG chapters and tables. That creates complexity for businesses that need to interpret both instruments together (see secs 7, 8, 9, 42). The regulation supplies transitional relief when ADG Code editions change (secs 180A–180C) to reduce abrupt compliance shocks.  \n\n- Effect on private choices and competition: The rules increase operating costs for rail carriage of dangerous goods relative to doing nothing; that may affect route, mode and supplier choices (for example, costs could influence whether consignors choose rail vs road or change packers/transport providers). The regulation also creates a market for approved testing facilities and authorised entities that may perform approvals or testing (secs 47–50).  \n\n- Concentrated benefits and diffuse costs: Benefits from safer transport (reduced incident risk) are diffuse; compliance costs fall more directly on firms in the chain who must upgrade packaging, processes and training. Approvals and exemptions can create bespoke regulatory privileges for particular parties (secs 20–27, 159–166), which concentrates benefit where granted.  \n\nKey sections to look at for operators and suppliers\n\n- Main purpose and ADG Code application: sec 3 and sec 7.\n- Duties and offences across the supply chain: parts 4–12 (packaging, marking, placarding, safety standards, stowage, segregation, passenger trains, bulk transfer, documentation and emergency information).\n- Chief executive powers, determinations, approvals and registers: secs 20–27, 25–26, 45–50, 159–176, 172.\n- Training requirement: sec 18.\n- Emergency planning and incident reporting: secs 141–148, 143.\n- Fees and transitional relief (ADG Code edition changes): secs 180, 180A–180C.\n\nPractical next steps for a business that moves dangerous goods by rail\n\n- Map which sections apply to your role (consignor, packer, loader, prime contractor, rail operator, owner, driver) and identify the specific ADG Code chapters cited for your goods (secs 3, 7, 42).  \n- Check packaging approvals and marking requirements; keep test certificates and be prepared to provide them (secs 43–48, 51).  \n- Ensure staff training records and be ready to produce evidence to the chief executive if asked (sec 18, 72).  \n- Prepare transport documentation, emergency information and emergency plans where required; set up or confirm a telephone advisory service for placard loads (secs 124–133, 144–147).  \n- If you need a non‑standard segregation, packing or transfer method, apply for an approval or exemption early and consult the register to see whether corresponding determinations exist (secs 49, 106, 110, 159–176, 25, 161, 172)."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":8,"scope_assessment":{"changed":false,"description":"The regulation's scope remains consistent with its stated purposes. It governs the transport of dangerous goods by rail in Queensland, implementing the national ADG Code and harmonising with model national legislation. The exemptions for radioactive and explosive materials (handled under separate Queensland laws) and the various quantity-based carve-outs are proportionate narrowings of scope rather than departures from the original intent. Amendments noted (2019, 2020, 2022, 2023) appear to be technical updates and clarifications rather than fundamental scope changes."},"complexity_factors":["Extensive cross-referencing to the ADG Code (Australian Dangerous Goods Code), which is itself a lengthy and technical external document incorporating international standards","Multiple layered exemption regimes with numerous nested conditions and thresholds (e.g., section 4's exempt transport provisions with multi-level sub-criteria)","Highly technical UN classification system for dangerous goods (9 classes, divisions, categories, packing groups, subsidiary hazards) requiring specialist knowledge to apply","Interplay between this regulation, the enabling Act (Transport Infrastructure Act), other Queensland legislation (Radiation Safety Act, Explosives Act), and international instruments (ADR, ICAO, IMO, RID, UN standards)","Dual regulatory framework: general determinations (subordinate legislation) and administrative determinations (individual decisions), each with different legal effects and procedures","Aggregate quantity calculations requiring reference to a schedule and ADG Code tables to determine whether thresholds are met","Numerous defined terms, many of which are defined by reference to other instruments (e.g., 'gas' defined by the ADG Code, 'bulk container' subject to detailed exclusions)","Obligations fall on multiple parties across a supply chain (consignors, packers, loaders, rail operators, prime contractors, consignees) with different duties applying at each stage","Packaging approval regime involving recognised testing facilities, NATA accreditation, foreign approvals, and authorised entities — creating a complex sub-regime within the regulation","Provisions must be read alongside a national model law framework and interstate consistency requirements, adding jurisdictional complexity"],"plain_english_summary":"This regulation sets rules for safely transporting dangerous goods by rail in Queensland, requiring consignors, packers, loaders, carriers and recipients to follow the Australian Dangerous Goods Code, use approved packaging, and ensure trained handlers. It includes limited exemptions (small quantities, certain onboard items, emergency services), enforcement powers, and penalties for breaches.\n\nIt also lets the chief executive make determinations about specific goods, routes and packaging and supports national consistency."},"kimi_summary":{"_metrics":{"completionTokens":680},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original purpose of regulating dangerous goods transport by rail. The 2018 version replaced the 2008 regulation with updated ADG Code references and modernised administrative processes, but the core scope—safety regulation of hazardous materials rail transport—remains unchanged."},"complexity_factors":["Extensive cross-referencing to the ADG Code (Australian Dangerous Goods Code), with many obligations defined by external document chapters","Multiple overlapping categories of dangerous goods (UN classes, divisions, packing groups, subsidiary hazards) with different rules for each","Nested exemptions and exceptions—section 4 alone contains 5 categories of exempt transport with multiple sub-conditions each","Detailed quantitative thresholds for placarding (e.g., 500L/500kg receptacles, aggregate quantities of 250/1000, percentage calculations)","Complex mutual recognition provisions for determinations, exemptions and approvals across Australian jurisdictions","Lengthy transitional provisions preserving rights and obligations from the repealed 2008 regulation","Multiple penalty tiers depending on offence severity (from 6.5 to 40 penalty units)","Technical definitions requiring specialised knowledge (MEGCs, IBCs, ullage, bulk containers, overpacks)","Conditional logic throughout (e.g., 'if...otherwise' structures in sections 121-123)","Administrative processes with multiple stages: applications, determinations, approvals, exemptions, internal and external review"],"plain_english_summary":"This regulation sets out the rules for transporting dangerous goods by rail in Queensland. It covers everything from how hazardous materials must be packaged and labelled, to who can handle them, what training they need, and what to do in an emergency.\n\n**Who it affects:** Anyone involved in the rail transport of dangerous goods—consignors (people sending goods), packers, loaders, rail operators, prime contractors, drivers, and manufacturers of packaging or equipment.\n\n**Key requirements:**\n- **Packaging:** Dangerous goods must be in approved packaging that meets Australian Dangerous Goods (ADG) Code standards. Packaging must be tested, marked appropriately, and suitable for the specific goods.\n- **Labelling and placarding:** Packages and loads must be clearly marked with hazard labels. \"Placard loads\" (larger quantities of dangerous goods) need special diamond-shaped warning signs on vehicles.\n- **Training:** Everyone handling dangerous goods must receive proper instruction and training for their specific tasks.\n- **Documentation:** Transport documents must accompany dangerous goods, and emergency information must be readily available for placard loads.\n- **Segregation:** Incompatible dangerous goods must be kept apart during transport to prevent dangerous reactions.\n- **Emergencies:** Detailed procedures apply when incidents occur—including notifying authorities, providing information to emergency services, and having emergency plans for placard loads.\n\n**Exemptions and approvals:** The chief executive can grant exemptions from certain requirements, approve alternative packaging designs, and make determinations about how specific goods should be classified and transported.\n\n**Why it matters:** The regulation aims to minimise risks to public safety, protect the environment, and ensure emergency responders know what they're dealing with when incidents occur. It aligns Queensland's rules with national standards and other transport modes for consistency."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/transport-infrastructure-dangerous-goods-by-rail-regulation-2018","history":"/api/acts/transport-infrastructure-dangerous-goods-by-rail-regulation-2018/history","analysis":"/api/acts/transport-infrastructure-dangerous-goods-by-rail-regulation-2018/analysis","conflicts":"/api/acts/transport-infrastructure-dangerous-goods-by-rail-regulation-2018/conflicts","importantCases":"/api/acts/transport-infrastructure-dangerous-goods-by-rail-regulation-2018/important-cases","documents":"/api/acts/transport-infrastructure-dangerous-goods-by-rail-regulation-2018/documents"}}