{"id":"transport-of-dangerous-goods-by-road-and-rail-national-uniform-legislation-regulations-2011","name":"TRANSPORT OF DANGEROUS GOODS BY ROAD AND RAIL (NATIONAL UNIFORM LEGISLATION) REGULATIONS 2011","slug":"transport-of-dangerous-goods-by-road-and-rail-national-uniform-legislation-regulations-2011","collection":"regulation","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":177228,"registerId":"nt-transport-of-dangerous-goods-by-road-and-rail-national-uniform-legislation-regulations-2011-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Citation","content":"1 Citation\nThese Regulations may be cited as the Transport of Dangerous\nGoods by Road and Rail (National Uniform Legislation)\nRegulations 2011.\n","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"2 Commencement\nThese Regulations commence on the commencement of the\nTransport of Dangerous Goods by Road and Rail (National\nUniform Legislation) Act 2010.\n","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Objects","content":"3 Objects\nThe objects of these Regulations are:\n(a) to set out the obligations of persons involved in the\ntransport of dangerous goods on land; and\n(b) to reduce, as far as practicable, the risks of personal injury,\ndeath, property damage and environmental harm arising\nfrom the transport of dangerous goods on land; and\n(c) to give effect to the standards, requirements and\nprocedures of the ADG Code so far as they apply to the\ntransport of dangerous goods on land; and\n\nRegulations 2011 2\n(d) to promote consistency between the standards,\nrequirements and procedures applying to the transport of\ndangerous goods by land transport and other modes of\ntransport.\n","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"4 Definitions\nIn these Regulations:\nadequate insurance, for Part 14, see regulation 147.\nADG Code, see regulation 4A.\nadministrative determination means a determination that\napplies to one or more persons under Part 18.\naggregate quantity, in relation to a load containing dangerous\ngoods, means the total of:\n(a) the number of kilograms of solid dangerous goods in the\n(b) the number of kilograms of articles that are dangerous\ngoods, including aerosols, in the load; and\n(c) the number of litres or kilograms (whichever is used in the\ntransport documentation for the load) of liquid dangerous\ngoods in the load; and\n(d) the total capacity in litres of receptacles in the load\ncontaining dangerous goods of UN Class 2 that are not\naerosols.\nappropriately marked, see regulation 66.\nappropriately placarded, see regulation 70(3).\napproval means an approval granted by the Competent\nAuthority under regulation 59, 63, 101, 102, 126, 151 or 160 and\nin force.\napproved packaging means:\n(a) packaging of a design that is approved under regulation 59;\nor\n(b) foreign approved packaging.\n\nRegulations 2011 3\napproved tank, for Part 15, Division 4, see regulation 170.\narticle, see regulation 4B.\nbulk container, see regulation 5.\nbulk transfer, for Part 9, see regulation 103.\nCAP means the Competent Authorities Panel established by the\nCompetent Authorities Panel Rules made by the National\nTransport Commission on 13 June 2008, as amended from time\nto time.\ncapacity, in relation to packaging, means the total internal\nvolume of the packaging at a temperature of 15 °C, expressed in\nlitres or cubic metres.\ncargo transport unit means:\n(a) a road transport tank or freight vehicle; or\n(b) a railway transport tank or freight wagon; or\n(c) a multimodal freight container; or\n(d) a portable tank; or\n(e) an MEGC.\nCategory, see regulation 17.\ncorresponding approval means an approval that has effect in\nthe Territory under regulation 226.\ncorresponding dangerous goods driver licence means a\nlicence that has effect in the Territory under regulation 227 and\nwas granted under a provision that corresponds to\nregulation 162.\ncorresponding dangerous goods vehicle licence means a\nlicence that has effect in the Territory under regulation 227 and\nwas granted under a provision that corresponds to\nregulation 173.\ncorresponding determination means a determination that has\neffect in the Territory under regulation 224.\ncorresponding exemption means an exemption that has effect\nin the Territory under regulation 225.\n\nRegulations 2011 4\ndangerous goods driver licence means a licence granted\nunder regulation 162.\nDangerous Goods List means the list set out in Section 3.2.3\ndangerous goods vehicle licence means a licence granted\nunder regulation 173.\ndemountable tank means a tank, other than a portable tank,\nthat is designed to be carried in or on a vehicle but that does not\nform part of and is not permanently attached to the vehicle and\nis designed to be removable.\ndetermination means a determination made by the Competent\nAuthority under Part 16 that is in force.\ndriving licences register, of a State or Territory, means a\nregister kept by the driver licensing authority of the State or\nTerritory containing information about any licence authorising the\nlicensee to drive a road vehicle.\nemergency service means:\n(a) an ambulance, fire, police or other emergency service of a\nparticipating jurisdiction; or\n(b) a unit of the Defence Force corresponding to a service\nmentioned in paragraph (a).\nfood includes:\n(a) a substance prepared or intended for human or animal\nconsumption; and\n(b) a substance (except dangerous goods) intended to be an\ningredient of food.\nfood packaging means:\n(a) a receptacle that contains, or is designed or intended to\ncontain, food; or\n(b) material designed or intended to be used in a receptacle\nthat is designed or intended to contain food.\nforeign approved, see regulation 6.\n\nRegulations 2011 5\nfreight container means a re-useable container of the kind\nmentioned in Australian/New Zealand Standard AS/NZS 3711\nthat is designed for repeated use in the transport of goods by\none or more modes of transport.\nfreight vehicle means a vehicle used to transport freight by\nroad.\nfreight wagon means a rail wagon used to transport freight by\nrail.\ngeneral packaging, for Part 3, Division 2, see regulation 37.\nholder, for Part 18, see regulation 206.\nhose assembly means a hose, or hoses connected together,\nfor use in the transfer of dangerous goods to or from a tank in or\non a vehicle, portable tank or storage receptacle and includes:\n(a) if there are 2 or more hoses connected together – the\nconnections between the hoses; and\n(b) the attachment connecting the hose or hoses to the tank;\nand\n(c) anything else (except the vehicle, portable tank or storage\nreceptacle) attached to the hose or hoses.\nIBC or intermediate bulk container, see regulation 7.\nICAO Technical Instructions means the Technical Instructions\nfor the Safe Transport of Dangerous Goods by Air published by\nthe International Civil Aviation Organisation.\nIMDG Code means the International Maritime Dangerous Goods\nCode published by the International Maritime Organisation.\nincompatible, see regulation 20.\ninfringement notice, for Part 20, see regulation 232.\ninfringement notice offence, for Part 20, see regulation 231(1).\ninner packaging, in relation to dangerous goods for which outer\npackaging is required for transportation, means any packaging\nthat is, or is to be, contained or protected by the outer\npackaging.\n\nRegulations 2011 6\njourney means the transport of dangerous goods from where\nthe goods are consigned to where the goods are delivered to the\nconsignee.\nlarge packaging means outer packaging that:\n(a) is designed for mechanical handling; and\n(b) has a capacity of not more than 3 m3; and\n(c) is intended to contain articles or inner packaging with:\n(i) a net mass of more than 400 kg; or\n(ii) capacities totalling more than 450 L.\nlicence means a dangerous goods driver licence or a\ndangerous goods vehicle licence.\nlicensee means the holder of a licence.\nlicensing authority means:\n(a) the Competent Authority; or\n(b) a person or body authorised by the Competent Authority\nunder regulation 154.\nload, as a noun, see regulation 8.\nMEGC or multiple-element gas container, see regulation 9.\nmultimodal means applicable to, or suitable for use in or on,\nmore than one mode of transport.\nNATA, for Part 3, Division 6, see regulation 58.\nnominally empty storage vessel, for Part 6, Division 3, see\nregulation 88A.\nother packaging, for Part 3, Division 3, see regulation 43.\nouter packaging means external packaging (including\nabsorbent materials, cushioning and any other components)\nnecessary for the purposes of transport to contain and protect:\n(a) articles; or\n(b) receptacles in composite packagings, as defined in\nSection 1.2.1.1 of the ADG Code; or\n\nRegulations 2011 7\n(c) inner packaging in combination packagings, as defined in\nSection 1.2.1.1 of the ADG Code.\noverpack means packaging (other than large packaging) used\nto hold and consolidate packages of goods into a single unit for\neasier handling and stowage.\nExamples for definition overpack\n1 A pallet, together with strapping or shrink wrapping, designed to hold\npackages.\n2 A box or crate into which packages are placed.\npacked in excepted quantities, see regulation 9A.\npacked in limited quantities, see regulation 10.\nPacking Group, see regulation 18.\nparticipating jurisdiction means:\n(a) the Territory; or\n(b) a State or another Territory that has a corresponding law.\nplacard load means a load containing dangerous goods that\nmust be placarded under regulation 71.\nplacarded, see regulation 70(2).\nportable tank means a multimodal tank that:\n(a) is designed primarily to be loaded into or onto a vehicle or\nship; and\n(b) has a capacity of more than 450 L; and\n(c) is equipped with skids, mountings, stabilizers and\naccessories to facilitate mechanical handling; and\n(d) is capable of being loaded and unloaded without removing\nits service equipment or structural equipment; and\n(e) is capable of being lifted when full.\nprescribed amount, for Part 20, see regulation 231(2).\nprescribed fee, for a matter, means the fee (if any) for that\nmatter, set out in Schedule 1.\n\nRegulations 2011 8\npressure drum means a welded transportable pressure\nreceptacle with a water capacity exceeding 150 L but not\nexceeding 1 000 L.\nprime mover, for Part 15, Division 4, see regulation 170.\nrail wagon means a unit of rolling stock that:\n(a) is designed to carry freight by rail; and\n(b) bears a unique identifying number or alphanumeric\nidentifier.\nrailway transport tank means a tank used to transport goods\nby rail.\nratio goods, for Part 9, Division 3, see regulation 109.\nreceptacle, in relation to a substance or article, means a\ncontainer that is:\n(a) for receiving and holding the substance or article (including\nanything that enables the container to be closed); and\n(b) in contact with the substance or article.\nrecognised testing facility, for Part 3, Division 6, see\nregulation 61.\nregister means any of the following:\n(a) the register of dangerous goods driver licences under\nregulation 184(1);\n(b) the register of dangerous goods vehicle licences under\nregulation 184(2);\n(c) the register of determinations under regulation 199(1);\n(d) the register of exemptions under regulation 202(1);\n(e) the register of approvals under regulation 213(1).\nregistered, in relation to any thing other than registration of a\nroad vehicle, means registered under a Commonwealth, State or\nTerritory law.\nrelevant provision of Part 4 of the ADG Code, for Part 3, see\nregulation 34.\n\nRegulations 2011 9\nrequired emergency information, for Part 10, Division 2, see\nregulation 120.\nrisk means risk of personal injury, death, property damage or\nharm to the environment.\nroad transport tank means a tank used to transport goods by\nroad whether or not the tank is an integral part of a vehicle.\nsegregation load, for Part 8, see regulation 93.\nservice equipment, in relation to a tank or MEGC, see\nSection 6.7.2.1, 6.7.3.1.2, 6.7.4.1.2 or 6.7.5.1.2, as appropriate,\nspecial provision, for Part 2, see regulation 27(1).\nstructural equipment, in relation to a tank or MEGC, see\nSection 6.7.2.1, 6.7.3.1.2, 6.7.4.1.2 or 6.7.5.1.2, as appropriate,\nsubsidiary hazard, see regulation 19.\ntank, see regulation 11.\ntank vehicle means a road vehicle or unit of rolling stock:\n(a) of which a tank forms part; or\n(b) to which a tank (other than a portable tank) is attached.\ntube means a seamless transportable pressure receptacle with\na water capacity exceeding 150 L but not exceeding 3 000 L.\nullage, means ullage as defined in Section 1.2.1 of the ADG\nUN Class, see regulation 17.\nUN Division, see regulation 17.\nunsuitable, for Part 3, see regulation 35.\nvehicle, for Part 15, Division 4, see regulation 170.\n","sortOrder":3},{"sectionNumber":"4A","sectionType":"section","heading":"Meaning of ADG Code","content":"4A Meaning of ADG Code\n(1) The ADG Code is the Australian Code for the Transport of\nDangerous Goods by Road and Rail approved by the Ministerial\nCouncil, as in force from time to time.\n\nRegulations 2011 10\n(2) Despite subregulation (1), if the Code specified in\nsubregulation (1) is remade, ADG Code is that remade edition\nand any reference in these Regulations to a provision of that\nCode extends to the corresponding provision (if any) of the\nremade Code.\n","sortOrder":4},{"sectionNumber":"4B","sectionType":"section","heading":"Meaning of article","content":"4B Meaning of article\n(1) An article is a manufactured item, other than a fluid or particle,\n(a) is formed into a particular shape or design during\nmanufacture; and\n(b) has hazard properties that are, and a function that is,\nwholly or partly dependent on that shape or design.\n(2) For subregulation (1), article includes batteries, aerosols, gas-\nfilled lighters, seatbelt pre-tensioners and refrigerating machines.\n","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Meaning of bulk container","content":"5 Meaning of bulk container\n(1) A bulk container is a container (with or without a liner or\ncoating) that:\n(a) has a capacity of 1 m3 or more; and\n(b) is intended for use in the transport of solid dangerous\ngoods that are in direct contact with the container.\n(2) Each of the following is not a bulk container:\n(a) large packaging that complies with the requirements of\n","sortOrder":6},{"sectionNumber":"Part 6","sectionType":"part","heading":"6 of the ADG Code;","content":"Chapter 6.6 of the ADG Code;\n(b) an IBC;\n(c) a tank;\n(d) a tank vehicle;\n(e) any other packaging that complies with the requirements of\nChapter 6.1 or 6.3 of the ADG Code.\n","sortOrder":7},{"sectionNumber":"6","sectionType":"section","heading":"Meaning of foreign approved","content":"6 Meaning of foreign approved\n(1) In these Regulations:\nforeign approved, in relation to packaging (including a tank),\nmeans packaging that has the markings required by Part 6 of the\nADG Code for packaging of its type, in confirmation that the\n\nRegulations 2011 11\npackaging is ADR approved, ICAO approved, IMO approved,\nRID approved or UN approved.\nADR approved means approved in accordance with the\nEuropean Agreement Concerning the International Carriage of\nDangerous Goods by Road published by the Inland Transport\nCommittee of the Economic Commission for Europe.\nICAO approved means approved in accordance with the\nTechnical Instructions for the Safe Transport of Dangerous\nGoods by Air published by the International Civil Aviation\nOrganisation.\nIMO approved means approved in accordance with the IMDG\nRID approved means approved in accordance with the\nInternational Regulations Concerning the Carriage of Dangerous\nGoods by Rail published by the Inland Transport Committee of\nthe Economic Commission for Europe.\nUN approved means approved in accordance with the United\nNations Model Regulations for the Transport of Dangerous\nGoods published by the United Nations.\n","sortOrder":8},{"sectionNumber":"7","sectionType":"section","heading":"Meaning of IBC or intermediate bulk container","content":"7 Meaning of IBC or intermediate bulk container\n(1) An IBC or intermediate bulk container is rigid or flexible\nportable packaging for use in the transport of dangerous goods\n(a) complies with the specifications in Chapter 6.5 of the ADG\nCode; and\n(b) has a capacity of not more than:\n(i) for solids of Packing Group I packed in a composite,\nfibreboard, flexible, wooden, or rigid plastics\ncontainer – 1 500 L; and\n(ii) for solids of Packing Group I packed in a metal\ncontainer – 3 000 L ; and\n(iii) for solids or liquids of Packing Groups II and III –\n3 000 L; and\n(iv) for any other dangerous goods – 3 000 L; and\n\nRegulations 2011 12\n(c) is designed for mechanical handling.\n(2) Rigid or flexible portable packaging that complies with the\nrequirements of Chapter 6.1, 6.3 or 6.6 of the ADG Code is not\nan IBC.\n","sortOrder":9},{"sectionNumber":"8","sectionType":"section","heading":"Meaning of load","content":"8 Meaning of load\nWithout limiting the meaning of load:\n(a) for goods in or on a road vehicle – all the goods in or on\nthe vehicle constitute a single load; and\n(b) for goods in or on rolling stock – all of the goods in or on\neach cargo transport unit that is in or on the rolling stock\nconstitutes a separate load.\n","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Meaning of MEGC or multiple-element gas container","content":"9 Meaning of MEGC or multiple-element gas container\nAn MEGC or multiple-element gas container is a multimodal\nassembly of cylinders, tubes and bundles of cylinders that are\ninterconnected by a manifold and assembled within a\nframework, including the device and structural equipment\nnecessary for the transport of gases in the cylinders and tubes.\n","sortOrder":11},{"sectionNumber":"9A","sectionType":"section","heading":"Meaning of packed in excepted quantities","content":"9A Meaning of packed in excepted quantities\nDangerous goods are packed in excepted quantities if:\n(a) the goods are assigned to code E1, E2, E3, E4 or E5 in\ncolumn 7b of the Dangerous Goods List; and\n(b) the goods are packed in compliance with Chapter 3.5 of\nthe ADG Code; and\n(c) the quantity of dangerous goods does not exceed the\nquantity specified in section 3.5.1.2 of the ADG Code.\n","sortOrder":12},{"sectionNumber":"10","sectionType":"section","heading":"Meaning of packed in limited quantities","content":"10 Meaning of packed in limited quantities\nDangerous goods are packed in limited quantities if:\n(a) the goods are packed in compliance with Chapter 3.4\nor 3.5 of the ADG Code; and\n(b) the quantity of dangerous goods in each inner packaging or\nin each article that is dangerous goods does not exceed\nthe quantity mentioned in column 7a of the Dangerous\nGoods List for those goods.\n\nRegulations 2011 13\n","sortOrder":13},{"sectionNumber":"11","sectionType":"section","heading":"Meaning of tank","content":"11 Meaning of tank\n(1) A tank is a receptacle for receiving and holding dangerous\ngoods, including any service equipment or structural equipment\nthat enables the receptacle to transport those goods.\n(2) A receptacle for receiving and holding dangerous goods of\nUN Class 2 is not a tank unless it has a capacity of more\nthan 450 L.\n(3) Each of the following is not a tank:\n(a) packaging that complies with the requirements of\nChapter 6.1, 6.3 or 6.6 of the ADG Code;\n(b) an IBC;\n(c) an MEGC;\n(d) a cylinder;\n(e) a pressure drum;\n(f) a tube;\n(g) a bulk container that complies with the requirements of\nChapter 6.8 of the ADG Code.\n","sortOrder":14},{"sectionNumber":"12","sectionType":"section","heading":"References to codes, standards and rules","content":"12 References to codes, standards and rules\n(1) In these Regulations, a reference to an instrument includes a\nreference to another instrument as applied or adopted by, or\nincorporated in, the first instrument.\n(2) In these Regulations, unless the contrary intention appears, a\nreference to an instrument is a reference to the instrument as\namended from time to time.\ninstrument means a code, standard or rule (whether made in or\noutside Australia) relating to dangerous goods or to transport by\nroad or rail, and includes a provision of an instrument.\n","sortOrder":15},{"sectionNumber":"13","sectionType":"section","heading":"Inconsistency between Regulations and codes etc.","content":"13 Inconsistency between Regulations and codes etc.\n(1) This regulation applies if these Regulations apply, adopt or\nincorporate all or part of a code, standard or rule.\n\nRegulations 2011 14\n(2) If there is any inconsistency between these Regulations and the\ncode, standard or rule, these Regulations prevail to the extent of\nthe inconsistency.\n(3) Despite subregulation (2), if an applied, adopted or incorporated\nprovision uses a term that is defined both in the relevant code,\nstandard or rule and in these Regulations, in that provision the\nterm has the meaning given in the code, standard or rule, unless\nthe contrary intention appears.\n","sortOrder":16},{"sectionNumber":"14","sectionType":"section","heading":"References to determinations, exemptions, approvals and","content":"14 References to determinations, exemptions, approvals and\nlicences\n(1) In these Regulations:\n(a) a reference to a relevant document includes a reference to\nthe document as varied; and\n(b) a reference to the variation of a relevant document includes\na reference to a variation by addition, omission or\nsubstitution.\nrelevant document means any of the following:\n(a) a determination;\n(b) an exemption;\n(c) an approval;\n(d) a dangerous goods driver licence;\n(e) a dangerous goods vehicle licence;\n(f) a corresponding determination;\n(g) a corresponding exemption;\n(h) a corresponding approval;\n(i) a corresponding dangerous goods driver licence;\n(j) a corresponding dangerous goods vehicle licence.\n\nRegulations 2011 15\n","sortOrder":17},{"sectionNumber":"15","sectionType":"section","heading":"Dangerous goods","content":"15 Dangerous goods\n(1) For the definition dangerous goods in section 5 of the Act, a\nsubstance or article is dangerous goods if:\n(a) it is determined under regulation 195(a) to be dangerous\n(b) it satisfies the dangerous goods classification criteria\nmentioned in Part 2 of the ADG Code.\n(2) However a substance or article to which subregulation (1)(b)\napplies is not dangerous goods if:\n(a) it is determined under regulation 195(a) not to be\n(b) it is described as not subject to the ADG Code in a special\nprovision in Chapter 3.3 of the ADG Code that applies to it\nunder column 6 of the Dangerous Goods List.\n","sortOrder":18},{"sectionNumber":"16","sectionType":"section","heading":"Goods too dangerous to be transported","content":"16 Goods too dangerous to be transported\nFor the definition goods too dangerous to be transported in\nsection 5 of the Act, a substance or article is goods too\ndangerous to be transported if:\n(a) it is listed in Appendix A to the ADG Code; or\n(b) it is determined under regulation 195(d) to be goods too\ndangerous to be transported; or\n(c) it is so sensitive or unstable that it cannot be safely\ntransported even if the relevant requirements of these\nRegulations and the ADG Code are complied with.\nNote for regulation 16\n","sortOrder":19},{"sectionNumber":"17","sectionType":"section","heading":"UN Class, UN Division and Category","content":"17 UN Class, UN Division and Category\nFor these Regulations, dangerous goods are of the UN Class,\nUN Division or Category:\n(a) determined under regulation 195(b)(i) for those goods; or\n\nRegulations 2011 16\n(b) if there is no such determination for the goods –\nascertained in accordance with the ADG Code.\nNotes for regulation 17\n1 Under the UN classification system there are 9 classes of dangerous\ngoods. Under that system some Classes are further divided into\nDivisions, and some Divisions are divided into Categories.\n2 Under the ADG Code, if particular dangerous goods are listed in the\nDangerous Goods List, their UN Class or Division is that listed in\ncolumn 2 of that list opposite the name and description of those\ngoods, unless Chapter 3.3 of the ADG Code provides for those goods\nto be assigned to a different Class or Division. If applicable, Chapter\n2 of the ADG Code describes how the UN Category of dangerous\ngoods is to be determined. Once again the Category may be\nchanged under Chapter 3.3 of the ADG Code.\nExample for regulation 17\nUN Division 6.2 is the relevant division for dangerous goods that are\ninfectious substances and is divided into:\n(a) Category A infectious substances (substances transported in a form\nthat, if exposure occurs, can cause permanent disability or life-\nthreatening or fatal disease to humans or animals); and\n(b) Category B infectious substances (others).\n","sortOrder":20},{"sectionNumber":"18","sectionType":"section","heading":"Packing Groups","content":"18 Packing Groups\nFor these Regulations, dangerous goods are of the Packing\nGroup (if any):\n(a) determined under regulation 195(b)(ii) for those goods; or\n(b) if there is no such determination for the goods –\nascertained in accordance with the ADG Code.\nNotes for regulation 18\n1 The assignment of particular dangerous goods to a Packing Group\nindicates the degree of danger, and the level of containment required\nfor, the goods. The Packing Groups, and the degree of danger they\nindicate, are the following:\n(a) Packing Group I (substances presenting high danger);\n(b) Packing Group II (substances presenting medium danger);\n(c) Packing Group III (substances presenting low danger).\n2 The Packing Group of a substance can be determined from the\nDangerous Goods List, although in some cases it is also necessary\nto refer to Chapter 3.3 of the ADG Code (the List identifies those\ncases).\n\nRegulations 2011 17\n","sortOrder":21},{"sectionNumber":"19","sectionType":"section","heading":"Subsidiary hazard","content":"19 Subsidiary hazard\nFor these Regulations, the subsidiary hazard of particular\ndangerous goods is the subsidiary hazard (if any):\n(a) determined under regulation 195(b)(iii) for the dangerous\n(b) if there is no determination under regulation 195(b)(iii) for\nthe dangerous goods – ascertained in accordance with the\nNote for regulation 19\nDangerous goods that are able to be assigned to more than one UN Class or\nDivision are assigned a subsidiary hazard. This subsidiary hazard is the other\nUN Class or Division to which the goods also belong. Under the ADG Code, if\nparticular dangerous goods are listed in the Dangerous Goods List, their\nsubsidiary hazard is that listed in column 4 of that list opposite the name and\ndescription of those goods, unless Chapter 3.3 of the ADG Code provides for\nthose goods to be assigned a different subsidiary hazard.\n","sortOrder":22},{"sectionNumber":"20","sectionType":"section","heading":"Incompatibility","content":"20 Incompatibility\n(1) Goods (whether dangerous goods or not) are incompatible with\ndangerous goods if:\n(a) the goods and the dangerous goods are incompatible\nunder Chapter 9.1 of the ADG Code; or\n(b) the goods are determined under regulation 195(c) to be\nincompatible with the dangerous goods; or\n(c) when the goods are mixed, or otherwise brought into\ncontact, with the dangerous goods, the goods are likely to\ninteract with the dangerous goods and increase risk\nbecause of the interaction.\n(2) Packaging or equipment for use in the transport of dangerous\ngoods is incompatible with the dangerous goods if any\ncomponent of the packaging or equipment that is intended or\nlikely to come into contact with the goods during transport:\n(a) is likely to interact with the goods and increase risk\nbecause of the interaction; and\n(b) is not protected from contact under foreseeable\ncircumstances by a protective coating or other effective\nmeans.\n\nRegulations 2011 18\n","sortOrder":23},{"sectionNumber":"21","sectionType":"section","heading":"Dangerous situations","content":"21 Dangerous situations\nThese Regulations do not apply to the transport of dangerous\ngoods by, or at the direction of, an authorised officer or an officer\nof an emergency service, to the extent necessary to avert,\neliminate or minimise a dangerous situation.\n","sortOrder":24},{"sectionNumber":"22","sectionType":"section","heading":"Dangerous goods less than 25% of placard load and in","content":"22 Dangerous goods less than 25% of placard load and in\nsmall receptacles\n(1) These Regulations do not apply to the transport by a person of a\nload containing dangerous goods if:\n(a) the load does not contain:\n(i) dangerous goods in any single receptacle with a\n(ii) more than 500 kg of dangerous goods in any single\n(b) the load does not include any designated dangerous\n(c) the aggregate quantity of the dangerous goods in the load\nis less than 25% of a placard load; and\n(d) the goods are not being transported by the person in the\ncourse of a business of transporting goods by road; and\n(e) the goods are not being transported by the person in or on\na passenger train.\ndesignated dangerous goods means dangerous goods:\n(a) of UN Class 1 (explosives), except:\n(i) dangerous goods of UN Division 1.4S; and\n(ii) track signals carried in or on a unit of rolling stock for\nthe safety of persons working in rail transport; or\n(b) of Category A of UN Division 6.2 (infectious substances);\nor\n(c) of UN Class 7 (radioactive material).\n\nRegulations 2011 19\n","sortOrder":25},{"sectionNumber":"23","sectionType":"section","heading":"Explosives and radioactive material","content":"23 Explosives and radioactive material\nThese Regulations do not apply to the transport of dangerous\ngoods of UN Class 1 (explosives) or UN Class 7 (radioactive\nmaterial) unless those goods are being transported with other\n","sortOrder":26},{"sectionNumber":"23A","sectionType":"section","heading":"Mobile processing unit for explosives","content":"23A Mobile processing unit for explosives\n(1) These Regulations do not apply to the transport of dangerous\ngoods by a mobile processing unit for the purpose of\nmanufacturing explosives.\n(2) For subregulation (1), a mobile processing unit is a vehicle, or\na moveable piece of equipment (other than a trailer), designed\nto transport the constituents of a bulk ammonium nitrate-based\nexplosive to a place where the explosive will be manufactured\nand used.\n","sortOrder":27},{"sectionNumber":"24","sectionType":"section","heading":"UN Division 6.2 Infectious substances","content":"24 UN Division 6.2 Infectious substances\nThese Regulations do not apply to the transport in or on a\nvehicle of dangerous goods that are UN Division 6.2 infectious\nsubstances in a consignment where the aggregate quantity of\ndangerous goods is not more than the quantity set out in\nsubclause (3)(a) of the note to section 1.1.1.2 of the ADG Code.\n","sortOrder":28},{"sectionNumber":"25","sectionType":"section","heading":"Dangerous goods that are part of vehicle or its equipment","content":"25 Dangerous goods that are part of vehicle or its equipment\nThese Regulations do not apply to the transport in or on a\nvehicle of dangerous goods:\n(a) in the vehicle's fuel tank; or\n(b) in an appliance or plant that forms part of the vehicle and is\nnecessary for its operation; or\n(c) that are:\n(i) portable fire fighting equipment or other portable\nsafety equipment; and\n(ii) part of the safety equipment of the vehicle.\n","sortOrder":29},{"sectionNumber":"26","sectionType":"section","heading":"Tools of trade and dangerous goods for private use","content":"26 Tools of trade and dangerous goods for private use\n(1) For this regulation, a load that includes dangerous goods is a\nprivate use load if:\n(a) subregulation (2) or (3) applies to the load; and\n\nRegulations 2011 20\n(b) the dangerous goods:\n(i) are not being transported in the course of a business\nof transporting goods; and\n(ii) are being transported:\n(A) by a person who intends to use them; or\n(B) so that they can be used for a commercial\npurpose.\n(2) This subregulation applies to a load if:\n(a) the aggregate quantity of dangerous goods in the load is\nless than 500; and\n(b) the load does not include dangerous goods of any of the\n(i) UN Division 2.1, other than aerosols;\n(ii) UN Division 2.3;\n(iii) Packing Group I.\n(3) This subregulation applies to a load if:\n(a) the aggregate quantity of dangerous goods in the load is\nless than 250; and\n(b) the load includes dangerous goods of one or more of the\n(i) UN Division 2.1, other than aerosols;\n(ii) UN Division 2.3;\n(iii) Packing Group I; and\n(c) the aggregate quantity of dangerous goods of\nUN Division 2.3 or Packing Group I together is less\nthan 100.\n(4) These Regulations, other than this regulation, do not apply in\nrelation to a private use load.\n(5) A person commits an offence if:\n(a) the person transports a private use load; and\n\nRegulations 2011 21\n(b) a package of dangerous goods in the load:\n(i) does not comply with the packaging requirements\nappropriate to the quantity of dangerous goods,\nspecified in Part 4 of the ADG Code; or\n(ii) is not appropriately marked (as defined in\nregulation 66); or\n(iii) is not loaded, secured, segregated, unloaded and\notherwise transported in a way that:\n(A) ensures the packaging of the dangerous goods\nremains fit for its purpose; and\n(B) eliminates risk, or if it is not possible to eliminate\nrisk, that minimises risk to the maximum extent\nthat is practicable.\n(c) is reckless as to the circumstance mentioned in\nsubregulation (5)(b).\n(6) A person commits an offence if:\n(a) the person transports a private use load in or on a vehicle;\nand\n(b) the aggregate quantity of dangerous goods of UN Class 3,\n4, 5 or 6 in the load is more than 250; and\n(c) the person transports the load:\n(i) in the passenger compartment of the vehicle; or\n\nRegulations 2011 22\n(ii) in an enclosed space that is not separated from the\npassenger compartment of the vehicle.\n(c) is reckless as to the quantity of dangerous goods of the\nkind mentioned in subregulation (6)(b) in the load; and\n(d) intentionally transports the load as mentioned in\nsubregulation (6)(c).\n(7) A person commits an offence if:\n(a) the person transports a private use load in or on a vehicle;\nand\n(b) the aggregate quantity of dangerous goods of UN\n","sortOrder":30},{"sectionNumber":"Div 2","sectionType":"division","heading":"1, UN Division 2.3 or Packing Group I in the load","content":"Division 2.1, UN Division 2.3 or Packing Group I in the load\nis more than 50; and\n(c) the person transports the load:\n(i) in the passenger compartment of the vehicle; or\n(ii) in any other enclosed space in the vehicle, unless the\nspace is sufficiently ventilated to prevent an\naccumulation of vapours or fumes.\n(c) is reckless as to the quantity of dangerous goods of the\nkind mentioned in subregulation (7)(b) in the load; and\n(d) intentionally transports the load as mentioned in\nsubregulation (7)(c).\n\nRegulations 2011 23\n","sortOrder":31},{"sectionNumber":"Part 2","sectionType":"part","heading":"Transport of dangerous goods to which","content":"Part 2 Transport of dangerous goods to which\nspecial provision applies\n","sortOrder":32},{"sectionNumber":"27","sectionType":"section","heading":"Meaning of special provision","content":"27 Meaning of special provision\n(1) In this Part:\nspecial provision means a Special Provision set out in\n","sortOrder":33},{"sectionNumber":"Part 3","sectionType":"part","heading":"3 of the ADG Code.","content":"Chapter 3.3 of the ADG Code.\n(2) A special provision applies to the transport of dangerous goods\nif column 6 of the Dangerous Goods List specifies that the\nspecial provision applies to the transport of the goods.\n","sortOrder":34},{"sectionNumber":"28","sectionType":"section","heading":"Application of Part","content":"28 Application of Part\nThis Part applies if:\n(a) a special provision applies to the transport of dangerous\n(b) the special provision:\n(i) prohibits the transport of the goods by road or rail; or\n(ii) imposes a restriction on the way the goods are to be\ntransported by road or rail.\n","sortOrder":35},{"sectionNumber":"29","sectionType":"section","heading":"Consignor's duties","content":"29 Consignor's duties\nand\nand\n\nRegulations 2011 24\n","sortOrder":36},{"sectionNumber":"30","sectionType":"section","heading":"Packer's duties","content":"30 Packer's duties\nand\nand\n","sortOrder":37},{"sectionNumber":"31","sectionType":"section","heading":"Loader's duties","content":"31 Loader's duties\nand\n\nRegulations 2011 25\nand\n","sortOrder":38},{"sectionNumber":"32","sectionType":"section","heading":"Prime contractor's and rail operator's duties","content":"32 Prime contractor's and rail operator's duties\n(c) a special provision applies to the transport of the goods;\nand\n(d) the transport of the goods does not comply with the special\nand\n","sortOrder":39},{"sectionNumber":"33","sectionType":"section","heading":"Driver's duties","content":"33 Driver's duties\nand\n\nRegulations 2011 26\n(c) the transport of the goods does not comply with the special\nand\n","sortOrder":40},{"sectionNumber":"34","sectionType":"section","heading":"Definitions","content":"34 Definitions\nrelevant provision of Part 4 of the ADG Code, for dangerous\ngoods, means a provision of Part 4 of the ADG code mentioned\nin column 8, 9, 10 or 11 of the Dangerous Goods List for those\nunsuitable, in relation to packaging, see regulation 35.\n","sortOrder":41},{"sectionNumber":"35","sectionType":"section","heading":"Meaning of unsuitable","content":"35 Meaning of unsuitable\nPackaging is unsuitable for use in the transport of dangerous\ngoods if any of the following apply:\n(a) the packaging is of a design that:\n(i) is required by Part 6 of the ADG Code to undergo\ntests; and\n(ii) is neither:\n(A) approved under regulation 59; nor\n\nRegulations 2011 27\n(B) foreign approved;\n(b) the packaging does not meet any relevant standards or\nrequirements mentioned in Part 4 or 6 of the ADG Code\n(including requirements with respect to inspection,\nmaintenance and repair);\n(c) the use, or reuse, of the packaging in the transport of the\ngoods does not comply with Part 4 or 6 of the ADG Code;\n(d) the use of the packaging in the transport of the goods is\nprohibited by a determination;\n(e) the packaging is incompatible with the goods;\n(f) the packaging is damaged or defective to the extent that it\nis not safe to use in the transport of the goods;\n(g) for a freight container that is a bulk container – the\ncontainer does not have affixed to it a Safety Approval\nPlate as required under the International Convention for\nSafe Containers 1972.\n","sortOrder":42},{"sectionNumber":"36","sectionType":"section","heading":"Part does not apply to dangerous goods packed in limited","content":"36 Part does not apply to dangerous goods packed in limited\nquantities or excepted quantities\nThis Part does not apply to dangerous goods that are:\n(a) goods packed in limited quantities; or\n(b) goods packed in excepted quantities.\n","sortOrder":43},{"sectionNumber":"37","sectionType":"section","heading":"Meaning of general packaging","content":"37 Meaning of general packaging\ngeneral packaging means all packaging (including large\npackaging) other than bulk containers, freight containers,\nMEGCs, overpacks, portable tanks and tanks on tank vehicles.\n","sortOrder":44},{"sectionNumber":"38","sectionType":"section","heading":"Consignor's duties","content":"38 Consignor's duties\n\nRegulations 2011 28\nand\n","sortOrder":45},{"sectionNumber":"39","sectionType":"section","heading":"Packer's duties","content":"39 Packer's duties\nand\n\nRegulations 2011 29\n","sortOrder":46},{"sectionNumber":"40","sectionType":"section","heading":"Loader's duties","content":"40 Loader's duties\n(c) the packaging is damaged or defective to the extent that it\nand\ndamaged or defective to that extent mentioned in\nparagraph (c).\n","sortOrder":47},{"sectionNumber":"41","sectionType":"section","heading":"Prime contractor's and rail operator's duties","content":"41 Prime contractor's and rail operator's duties\n(c) the goods are packed in general packaging; and\n\nRegulations 2011 30\n(d) the packaging is damaged or defective to the extent that it\nand\nparagraph (d).\n","sortOrder":48},{"sectionNumber":"42","sectionType":"section","heading":"Driver's duties","content":"42 Driver's duties\n(c) the packaging is damaged or defective to the extent that it\nand\nparagraph (c).\n\nRegulations 2011 31\n","sortOrder":49},{"sectionNumber":"43","sectionType":"section","heading":"Meaning of other packaging","content":"43 Meaning of other packaging\nother packaging means bulk containers, demountable tanks,\nfreight containers, MEGCs, portable tanks and tanks on tank\nvehicles.\n","sortOrder":50},{"sectionNumber":"44","sectionType":"section","heading":"Manufacturer's duties – compliance plates for portable","content":"44 Manufacturer's duties – compliance plates for portable\ntanks, MEGCs and tank vehicles\n(a) the person manufactures a portable tank or an MEGC for\nuse in the transport of dangerous goods; and\n(b) the person fails to attach a compliance plate to it in\ncompliance with Chapter 6.7 of the ADG Code.\n(2) Subregulation (1) does not apply to a person in relation to a\nportable tank if:\n(a) Chapter 6.7 of the ADG Code permits the marking of the\ntank instead of the attachment of a compliance plate; and\n(b) the tank is marked as required by that Chapter.\n(a) the person manufactures a tank vehicle for use in the\ntransport of dangerous goods; and\n(b) fails to attach a compliance plate to it in compliance with\nSection 6.9.2.2 of the ADG Code.\n(4) An offence against subregulation (1) or (3) is an offence of strict\n(5) In this regulation:\ncompliance plate means a plate that complies with the\nrequirements of Part 6 of the ADG Code.\n\nRegulations 2011 32\n","sortOrder":51},{"sectionNumber":"45","sectionType":"section","heading":"Owner's duties – portable tanks, demountable tanks and","content":"45 Owner's duties – portable tanks, demountable tanks and\nMEGCs\n(a) the person owns a portable tank, demountable tank or\nMEGC; and\n(b) the person uses the tank or MEGC, or permits it to be\nused, in the transport of dangerous goods; and\n(c) the tank or MEGC is unsuitable for use in the transport of\nthe goods.\n","sortOrder":52},{"sectionNumber":"46","sectionType":"section","heading":"Consignor's duties","content":"46 Consignor's duties\n(b) the goods are packed in other packaging provided by the\n(b) the goods are packed in other packaging that was provided\nby another person; and\n\nRegulations 2011 33\nand\nand\n","sortOrder":53},{"sectionNumber":"47","sectionType":"section","heading":"Packer's duties","content":"47 Packer's duties\n(ii) the person packs the goods in a way that does not\ncomply with a relevant provision of Part 4 of the ADG\nand\n\nRegulations 2011 34\nand\n","sortOrder":54},{"sectionNumber":"48","sectionType":"section","heading":"Loader's duties","content":"48 Loader's duties\n(c) the packaging is unsuitable for use in the transport of the\nand\nand\n(d) knows, or ought reasonably to know, of the unsuitability.\n","sortOrder":55},{"sectionNumber":"49","sectionType":"section","heading":"Prime contractor's and rail operator's duties","content":"49 Prime contractor's and rail operator's duties\n(c) the goods are packed in other packaging provided by the\n(d) either:\n\nRegulations 2011 35\n(c) the goods are packed in other packaging provided by\nanother person; and\n(d) either:\nand\nand\n","sortOrder":56},{"sectionNumber":"50","sectionType":"section","heading":"Driver's duties","content":"50 Driver's duties\n\nRegulations 2011 36\nand\nand\n","sortOrder":57},{"sectionNumber":"51","sectionType":"section","heading":"Consignor's duties","content":"51 Consignor's duties\n(b) the goods are packed in an overpack; and\n(c) the preparation of the overpack and its contents does not\n\nRegulations 2011 37\n","sortOrder":58},{"sectionNumber":"52","sectionType":"section","heading":"Packer's duties","content":"52 Packer's duties\n(a) the person packs dangerous goods for transport in an\noverpack; and\n(i) the packing of the goods into the overpack does not\n(A) Section 5.1.2 of the ADG Code; or\n(B) an approval under regulation 63; or\n(ii) the preparation of the overpack or its contents does\nnot comply with:\n(A) Section 5.1.2 of the ADG Code; or\n(B) an approval under regulation 63.\nand\nand\n","sortOrder":59},{"sectionNumber":"53","sectionType":"section","heading":"Loader's duties","content":"53 Loader's duties\n(b) the goods are packed in an overpack; and\n\nRegulations 2011 38\n(c) the preparation of the overpack or its contents does not\nand\nand\n","sortOrder":60},{"sectionNumber":"54","sectionType":"section","heading":"Prime contactor's and rail operator's duties","content":"54 Prime contactor's and rail operator's duties\n(c) the goods are packed in an overpack; and\n(d) the preparation of the overpack or its contents does not\nand\n\nRegulations 2011 39\nand\n","sortOrder":61},{"sectionNumber":"55","sectionType":"section","heading":"Driver's duties","content":"55 Driver's duties\n(b) the goods are in an overpack; and\n(c) the preparation of the overpack or its contents does not\nand\nand\n","sortOrder":62},{"sectionNumber":"56","sectionType":"section","heading":"Incorrect marking of packaging","content":"56 Incorrect marking of packaging\n(a) the person applies a marking mentioned in Part 6 of the\nADG Code to packaging; and\n\nRegulations 2011 40\n(i) the packaging is not of a design approved under\nregulation 59; or\n(ii) the marking is not appropriate for the packaging.\n","sortOrder":63},{"sectionNumber":"57","sectionType":"section","heading":"Sale or supply of non-compliant packaging","content":"57 Sale or supply of non-compliant packaging\n(a) the person sells, supplies, or offers to sell or supply,\npackaging for use in the transport of dangerous goods; and\n(b) the packaging does not comply with subregulation (3) for\nthose goods.\n(3) Packaging complies with this subregulation for dangerous goods\nif:\n(a) the packaging:\n(i) is of a design that has been approved under\nregulation 59; and\n(ii) is marked in compliance with Part 6 (or, if applicable,\nChapter 3.4 or 3.5) of the ADG Code; and\n(iii) is appropriate for those goods; or\n(b) the packaging:\n(i) complies with Parts 4 and 6 (or, if applicable,\nChapter 3.4 or 3.5) of the ADG Code; and\n(ii) is appropriate for those goods.\n\nRegulations 2011 41\n","sortOrder":64},{"sectionNumber":"58","sectionType":"section","heading":"Definitions","content":"58 Definitions\nNATA means the National Association of Testing Authorities.\nrecognised testing facility, see regulation 61.\n","sortOrder":65},{"sectionNumber":"59","sectionType":"section","heading":"Approval of packaging designs","content":"59 Approval of packaging designs\n(1) The Competent Authority may, on application, approve a design\nfor packaging for use in the transport of dangerous goods if\nsatisfied packaging of that design:\n(a) will comply with, or is permitted by, Part 6 of the ADG\nCode; and\n(b) satisfies all the applicable testing and inspection\nrequirements mentioned in that Part.\n(2) An application must include the information required under\nPart 6 of the ADG Code.\n(3) In determining whether a design for packaging satisfies a testing\nrequirement the Competent Authority may rely on a test\ncertificate issued by a recognised testing facility under\nregulation 62.\n(4) The Competent Authority may approve a design for packaging\nsubject to any condition about the construction, packing, use or\nmaintenance of packaging of that design that the Competent\nAuthority considers necessary for the safe use of the packaging\nin the transport of dangerous goods.\n","sortOrder":66},{"sectionNumber":"60","sectionType":"section","heading":"Offences relating to approvals","content":"60 Offences relating to approvals\n(a) the person constructs packaging for use in the transport of\nregulation 59 subject to a condition about its construction;\nand\n\nRegulations 2011 42\n(c) the packaging is constructed in contravention of the\ncondition.\n(a) intentionally constructs the packaging for use in the\ntransport of dangerous goods; and\n(b) knows, or ought reasonably to know, of the condition; and\n(c) knows, or ought reasonably to know, of the contravention.\nregulation 59 subject to a condition about how it is packed;\nand\n(c) the packaging is packed in contravention of the condition.\n(a) intentionally packs the goods in the packaging for\nand\n(a) the person uses packaging in the transport of dangerous\nregulation 59 subject to a condition about its maintenance;\nand\n\nRegulations 2011 43\n(c) the packaging has not been maintained in compliance with\nthe condition.\n(a) intentionally uses the packaging in the transport of the\nand\n(a) the person uses packaging in the transport of dangerous\nregulation 59 subject to a condition about its use; and\n(c) the packaging is used in contravention of the condition.\n(a) intentionally uses the packaging in the transport of the\nand\n\nRegulations 2011 44\n","sortOrder":67},{"sectionNumber":"61","sectionType":"section","heading":"Recognised testing facilities","content":"61 Recognised testing facilities\nFor these Regulations, the following are recognised testing\nfacilities in relation to a performance test of a kind mentioned in\nPart 6 of the ADG Code:\n(a) a testing facility registered by NATA to conduct tests of that\nkind;\n(b) if NATA has not registered a testing facility for conducting\ntests of that kind – a testing facility in Australia capable of\nconducting the test;\n(c) a testing facility in another country approved by a public\nauthority of that country to conduct tests of that kind.\n","sortOrder":68},{"sectionNumber":"62","sectionType":"section","heading":"Test certificates and observation of testing","content":"62 Test certificates and observation of testing\n(1) A recognised testing facility may certify in writing that a design\nfor packaging has passed a performance test of a kind\nmentioned in Part 6 of the ADG Code.\n(2) The test certificate must include the details required under Part 6\n(3) If the testing facility is registered by NATA, the test certificate\nand any report on the test must be in the form approved by\nNATA for such a certificate or report.\n(4) A test conducted by a testing facility mentioned in\nregulation 61(b) must be observed by the Competent Authority\nor a person nominated by the Competent Authority.\n","sortOrder":69},{"sectionNumber":"63","sectionType":"section","heading":"Approval of overpack preparation method","content":"63 Approval of overpack preparation method\n(1) The Competent Authority may, on application, approve a method\nof preparing an overpack for transport that does not comply with\nSection 5.1.2 of the ADG Code if the Competent Authority\nconsiders that the risk involved in using the method is not\ngreater than the risk involved in using a method that does\ncomply with that Section.\n(2) The Competent Authority may approve a method of preparing an\noverpack subject to conditions about the use of the overpack\nthat the Competent Authority considers necessary for the safe\nuse of the overpack in the transport of dangerous goods.\n\nRegulations 2011 45\n(a) the person uses an overpack in the transport of dangerous\n(b) the method used to prepare the overpack is approved\nunder subregulation (1) subject to a condition imposed\nunder subregulation (2); and\n(c) the person uses the overpack in contravention of the\ncondition.\n(a) intentionally uses the overpack in the transport of the\nand\n","sortOrder":70},{"sectionNumber":"64","sectionType":"section","heading":"Authorisation of person or body to grant approvals","content":"64 Authorisation of person or body to grant approvals\n(1) The Competent Authority may authorise a person or body to\nexercise the functions of the Competent Authority under\nregulations 59 and 63.\n(2) The Competent Authority may authorise a person or body\nsubject to any conditions it considers appropriate in relation to\nthe granting of approvals by the person or body.\n(3) The Competent Authority may withdraw an authorisation at any\ntime.\n(4) The withdrawal of an authorisation does not affect any approval\ngranted by the authorised person or body before the withdrawal\ntook effect.\n\nRegulations 2011 46\n","sortOrder":71},{"sectionNumber":"65","sectionType":"section","heading":"Exercise of functions by authorised body","content":"65 Exercise of functions by authorised body\n(1) In exercising functions under regulations 59 and 63 an\nauthorised body must comply with:\n(a) the provisions of Part 6 of the ADG Code relating to the\ngranting of an approval; and\n(b) any conditions imposed under regulation 64(2).\n(2) An authorised body that grants an approval must give to the\nCompetent Authority the information necessary to enable the\nCompetent Authority to maintain the register mentioned in\nregulation 213.\n(3) If an authorised body exercises a function mentioned in\nsubregulation (1), the following provisions apply as if a reference\nin them to the Competent Authority were a reference to the\nauthorised body:\n(a) regulation 4, definition approval;\n(b) regulations 59 and 63;\n(c) Part 18, Divisions 2 and 3, to the extent they relate to\napprovals.\nauthorised body means a person or body authorised under\nregulation 64.\n","sortOrder":72},{"sectionNumber":"66","sectionType":"section","heading":"Meaning of appropriately marked","content":"66 Meaning of appropriately marked\n(1) Subject to this regulation, a package of dangerous goods is\nappropriately marked if it is marked and labelled in compliance\nwith Chapter 5.2 of the ADG Code.\n(2) A receptacle with a capacity of more than 500 kg or L, other than\na cargo transport unit or an overpack, is appropriately marked\nif it is marked and labelled in compliance with Chapters 5.2 and\n5.3.3 of the ADG Code.\n(3) An overpack is appropriately marked if it is marked and\nlabelled in compliance with Section 5.1.2 of the ADG Code.\n\nRegulations 2011 47\n(4) A package of dangerous goods packed in limited quantities is\nappropriately marked if it is marked and labelled in compliance\nwith Chapter 3.4 or 3.5 of the ADG Code.\n(5) A package of dangerous goods that is packed in excepted\nquantities is appropriately marked if it is marked and labelled in\ncompliance with Chapter 3.5 of the ADG Code.\n","sortOrder":73},{"sectionNumber":"67","sectionType":"section","heading":"Consignor's duties","content":"67 Consignor's duties\n(b) the goods are in a package; and\n(c) the package is not appropriately marked.\n(b) the goods are in a package; and\n(c) a marking or label on the package about its contents\n(a) the person consigns a package of goods for transport; and\n(b) the package does not contain dangerous goods; and\n\nRegulations 2011 48\n(c) the package is marked or labelled as if it contained\n(4) An offence against subregulation (1), (2) or (3) is an offence of\nstrict liability.\n(5) It is a defence to a prosecution for an offence against\nsubregulation (3) if the defendant establishes that the marking or\nlabelling of the package complies with the requirements of the\ncontents of the package.\n","sortOrder":74},{"sectionNumber":"68","sectionType":"section","heading":"Packer's duties","content":"68 Packer's duties\n(a) the person packs dangerous goods for transport in a\npackage; and\n(b) the package is not, or will not be once the package is ready\nto be transported, appropriately marked.\nand\n(c) knows, or ought reasonably to know, the package is not or\nwill not be appropriately marked.\n\nRegulations 2011 49\n(a) the person packs dangerous goods for transport in a\npackage; and\n(b) the person marks or labels the package with a marking or\nlabel about its contents; and\n(c) the marking or label contains misleading information.\nand\n(c) intentionally marks or labels the package; and\n(d) knows, or ought reasonably to know, the information is\n(a) the person packs goods in a package for transport; and\n(b) the package does not contain dangerous goods; and\n(c) the person marks or labels the package as if it contained\n(a) intentionally packs the goods in the package; and\n(b) knows, or ought reasonably to know, the package does not\ncontain dangerous goods; and\n\nRegulations 2011 50\n(c) intentionally marks or labels the package as if it contained\nsubregulation (3) if the defendant establishes that the marking or\nlabelling of the package complies with the requirements of the\ncontents of the package.\n","sortOrder":75},{"sectionNumber":"69","sectionType":"section","heading":"Prime contractor's and rail operator's duties","content":"69 Prime contractor's and rail operator's duties\n(b) the person transports dangerous goods in a package; and\n(c) the package is not appropriately marked.\n(b) knows, or ought reasonably to know, the goods are\n(c) knows, or ought reasonably to know, the package is not\nappropriately marked.\n(b) the person transports dangerous goods in a package; and\n\nRegulations 2011 51\n(c) a marking or label on the package about its contents\nand\n(c) knows, or ought reasonably to know, the information is\n(b) the person transports a package of goods; and\n(c) the package does not contain dangerous goods; and\n(d) the package is marked or labelled as if it contained\n(a) intentionally transports the package; and\n(b) knows, or ought reasonably to know, the package does not\ncontain dangerous goods; and\n(c) is reckless as to whether the package is marked or labelled\nas if it contained dangerous goods.\n\nRegulations 2011 52\nsubregulation (3) if the marking or labelling of the package\ncomplies with the requirements of the ICAO Technical\nInstructions or the IMDG Code that relate to the contents of the\npackage.\n","sortOrder":76},{"sectionNumber":"70","sectionType":"section","heading":"Meaning of placards, placarded and appropriately placarded","content":"70 Meaning of placards, placarded and appropriately placarded\n(1) A person placards a load if the person affixes, stencils, prints or\nplaces a label or emergency information panel on anything being\nused, or to be used, to transport the load.\n(2) A load is placarded if a label or emergency information panel\nabout the load is affixed to, or stencilled, printed or placed on,\nanything being used, or to be used, to transport the load.\n(3) A placard load is appropriately placarded if it is placarded in\ncompliance with Chapter 5.3 of the ADG Code.\nemergency information panel means an emergency\ninformation panel as defined in Section 5.3.1.3 of the ADG\nlabel means a label as defined in Section 1.2.1 of the ADG\n","sortOrder":77},{"sectionNumber":"71","sectionType":"section","heading":"When load must be placarded","content":"71 When load must be placarded\n(1) A load containing dangerous goods must be placarded if the\nload:\n(a) contains:\nreceptacle; or\n(b) contains an aggregate quantity of dangerous goods of 250\nor more and those goods include:\n(i) dangerous goods of UN Division 2.1 that are not\naerosols; or\n(ii) dangerous goods of UN Division 2.3; or\n\nRegulations 2011 53\n(iii) dangerous goods of Packing Group I; or\n(c) contains dangerous goods of Category A of UN\n","sortOrder":78},{"sectionNumber":"Div 6","sectionType":"division","heading":"2; or","content":"Division 6.2; or\n(d) contains an aggregate quantity of dangerous goods of\nUN Division 6.2, other than Category A, of 10 or more; or\n(e) contains an aggregate quantity of dangerous goods\nof 1 000 or more.\n(2) A load containing dangerous goods that are specified goods\nmust be placarded if:\n(a) the specified goods include an aggregate quantity of 2 000\nor more of any one UN number from a single place of\nconsignment; or\n(b) the total gross mass of the specified goods is 8 tonnes or\nmore.\n(3) A load containing dangerous goods that is not required to be\nplacarded under subregulation (1) or (2) must be placarded if the\nload meets the following conditions:\n(a) the load contains a mixture of specified goods and other\ndangerous goods;\n(b) the following combined quantity calculation applies to the\nload containing dangerous goods:\n(i) if the load contains dangerous goods referred to in\nsubregulation (1)(b)(i), (ii) or (iii) – the aggregate\nquantity of those goods, plus 10% of the total gross\nmass of the specified goods, is 250 or more;\n(ii) in any other case – the aggregate quantity of\ndangerous goods that are not specified goods, plus\n25% of the total gross mass of the specified goods, is\n1 000 or more.\nspecified goods means:\n(a) dangerous goods that are packed in limited quantities; or\n\nRegulations 2011 54\n(b) any of the following:\n(i) fireworks that are bon bons, party poppers or\nsparklers;\n(ii) domestic smoke detectors containing radioactive\nmaterial;\n(iii) lighters or lighter refills containing flammable gas;\n(iv) fire extinguishers containing compressed or liquefied\ngas, up to a net mass of 23 kg; or\n(c) a combination of the goods referred to in paragraphs (a)\nand (b).\n","sortOrder":79},{"sectionNumber":"72","sectionType":"section","heading":"Consignor's duties","content":"72 Consignor's duties\n(c) is reckless as to whether the load is appropriately\nplacarded.\n(b) placarding on the load contains misleading information.\n\nRegulations 2011 55\n(c) is reckless as to whether the load is placarded; and\n(d) is reckless as to whether the information is misleading\ninformation.\n(a) the person consigns a load of goods for transport in or on a\ncargo transport unit; and\n(b) the load is not a placard load; and\n(c) the load is placarded as if it were a placard load.\n(c) is reckless as to whether the load is placarded as a placard\nload.\nof the load complies with the requirements of the ICAO\nTechnical Instructions or the IMDG Code that relate to the\ncontents of the load.\n","sortOrder":80},{"sectionNumber":"73","sectionType":"section","heading":"Loader's duties","content":"73 Loader's duties\n(a) intentionally loads the placard load for transport; and\n\nRegulations 2011 56\n(c) is reckless as to whether the load is appropriately\nplacarded.\n(b) the person placards the load; and\n(c) the placard contains misleading information.\n(a) intentionally loads the placard load for transport; and\n(c) intentionally placards the load; and\n(d) knows, or ought reasonably to know, the information is\n(a) the person loads a load of goods for transport; and\n(b) the load is not a placard load; and\n(c) the person placards the load as if it were a placard load.\n(b) knows, or ought reasonably to know, the load is not a\n(c) intentionally placards the load as if it were a placard load.\n\nRegulations 2011 57\nof the load complies with the requirements of the ICAO\nTechnical Instructions or the IMDG Code that relate to the\ncontents of the load.\n","sortOrder":81},{"sectionNumber":"74","sectionType":"section","heading":"Prime contractor's and rail operator's duties","content":"74 Prime contractor's and rail operator's duties\n(c) the load is not appropriately placarded.\n(c) knows, or ought reasonably to know, the load is not\nappropriately placarded.\n(c) placarding on the load contains misleading information.\n(c) knows, or ought reasonably to know, the placarding\n\nRegulations 2011 58\n(b) the person uses a cargo transport unit that is placarded as\nif it contained a placard load; and\n(c) the cargo transport unit does not contain a placard load.\n(a) intentionally uses the cargo transport unit; and\n(b) knows, or ought reasonably to know, the cargo transport\nunit does not contain a placard load.\nof the cargo transport unit complies with the requirements of the\ncontents of the cargo transport unit.\n","sortOrder":82},{"sectionNumber":"75","sectionType":"section","heading":"Driver's duties","content":"75 Driver's duties\n(c) knows, or ought reasonably to know, the load is not\nappropriately placarded.\n\nRegulations 2011 59\n(b) placarding on the load contains misleading information.\n(c) knows, or ought reasonably to know, the placarding\n(a) the person is the driver of a road vehicle that is placarded\nas if it were carrying a placard load; and\n(b) the vehicle is not carrying a placard load.\n(a) intentionally acts as the driver of the vehicle; and\n(b) knows, or ought reasonably to know, the vehicle is not\ncarrying a placard load.\n","sortOrder":83},{"sectionNumber":"76","sectionType":"section","heading":"Owner's duties","content":"76 Owner's duties\n(a) the person owns a vehicle; and\ntransport dangerous goods; and\n\nRegulations 2011 60\n(c) the vehicle or its equipment does not comply with\n","sortOrder":84},{"sectionNumber":"77","sectionType":"section","heading":"Consignor's duties","content":"77 Consignor's duties\na vehicle; and\n(a) intentionally consigns the goods for transport in or on the\nand\n","sortOrder":85},{"sectionNumber":"78","sectionType":"section","heading":"Loader's duties","content":"78 Loader's duties\n(a) the person loads dangerous goods into or onto a vehicle\nfor transport; and\n(a) intentionally loads the goods into or onto the vehicle for\n\nRegulations 2011 61\nand\n","sortOrder":86},{"sectionNumber":"79","sectionType":"section","heading":"Prime contractor's and rail operator's duties","content":"79 Prime contractor's and rail operator's duties\n(b) the person transports dangerous goods in or on a vehicle;\nand\n(c) the vehicle or its equipment does not comply with\n","sortOrder":87},{"sectionNumber":"80","sectionType":"section","heading":"Driver's duties","content":"80 Driver's duties\nand\n\nRegulations 2011 62\nPart 6 Transport of certain dangerous goods and\ngoods too dangerous to transport\nDivision 1 Self-reactive substances, organic peroxides and\ncertain other substances\n81 Application of Division\n(1) This Division applies to the following types of dangerous goods:\n(a) gases of UN Class 2;\n(b) self-reactive substances of UN Division 4.1;\n(c) organic peroxides of UN Division 5.2;\n(d) other substances for which:\n(i) the proper shipping name contains the word\n\"STABILIZED\"; and\n(ii) the self-accelerating decomposition temperature\nwhen presented for transport in packaging is 50 °C or\nlower;\n(e) toxic substances of UN Division or subsidiary hazard6.1;\n(f) infectious substances of UN Division 6.2;\n(g) dangerous when wet substances of UN Division 4.3.\nproper shipping name means the proper shipping name as\ndefined in Section 1.2.1 of the ADG Code.\nself-accelerating decomposition temperature means the\nself-accelerating decomposition temperature ascertained in\naccordance with Section 2.4.2.3.4 of the ADG Code.\n","sortOrder":88},{"sectionNumber":"82","sectionType":"section","heading":"Consignor's duties","content":"82 Consignor's duties\na cargo transport unit; and\n\nRegulations 2011 63\n(c) the goods are not loaded or stowed, or cannot be\ntransported or unloaded, in compliance with Chapter 7.1 of\nthe ADG Code.\nand\n","sortOrder":89},{"sectionNumber":"83","sectionType":"section","heading":"Loader's duties","content":"83 Loader's duties\n(a) the person loads dangerous goods that are in or on a cargo\ntransport unit for transport; and\n(c) the person loads the goods other than in compliance with\n","sortOrder":90},{"sectionNumber":"Part 7","sectionType":"part","heading":"1 of the ADG Code.","content":"Chapter 7.1 of the ADG Code.\n","sortOrder":91},{"sectionNumber":"84","sectionType":"section","heading":"Prime contractor's and rail operator's duties","content":"84 Prime contractor's and rail operator's duties\n(c) the goods are goods to which this Division applies; and\n\nRegulations 2011 64\n(d) the transport does not comply with Chapter 7.1 of the ADG\nand\n(b) the person transports a package of infectious substances\nof UN Division 6.2; and\n(c) the package is damaged or leaks; and\n(d) the person fails to comply with Section 7.1.7.2.2 of the\n(a) intentionally transports the package; and\n(b) is reckless as to whether the package contains infectious\nsubstances of UN Division 6.2; and\n(c) knows of the damage or leak.\n\nRegulations 2011 65\n85 Driver's duties\n(c) the goods are not transported in compliance with\nChapter 7.1 of the ADG Code.\nand\n86 Loader's duties\n(a) the person loads goods into or onto a cargo transport unit\nfor transport; and\n(b) the goods are goods too dangerous to be transported.\n\nRegulations 2011 66\nNote for regulation 86\n","sortOrder":92},{"sectionNumber":"87","sectionType":"section","heading":"Prime contractor's and rail operator's duties","content":"87 Prime contractor's and rail operator's duties\n(b) the person transports goods; and\n(c) the goods are goods too dangerous to be transported.\nNote for regulation 87\n","sortOrder":93},{"sectionNumber":"88","sectionType":"section","heading":"Driver's duties","content":"88 Driver's duties\n(a) the person is the driver of a vehicle transporting goods; and\n(b) the goods are goods too dangerous to be transported.\n(a) intentionally acts as the driver of the vehicle; and\n\nRegulations 2011 67\nNote for regulation 88\n","sortOrder":94},{"sectionNumber":"88A","sectionType":"section","heading":"Definition","content":"88A Definition\nnominally empty storage vessel means a tank or hopper\ndescribed in section 7.2.7.1 of the ADG Code.\n","sortOrder":95},{"sectionNumber":"88B","sectionType":"section","heading":"Consignor's duties","content":"88B Consignor's duties\n(1) A person may consign a load including a nominally empty\nstorage vessel for transport in a cargo transport unit if the\nstorage vessel is loaded or stowed, or can be transported or\nunloaded, in compliance with Chapter 7.2 of the ADG Code.\n","sortOrder":96},{"sectionNumber":"88C","sectionType":"section","heading":"Loader's duties","content":"88C Loader's duties\n(1) A person must load a nominally empty storage vessel for\ntransport in a cargo transport unit in accordance with Chapter\n7.2 of the ADG Code.\n\nRegulations 2011 68\n","sortOrder":97},{"sectionNumber":"88D","sectionType":"section","heading":"Prime contractor's and rail operator's duties","content":"88D Prime contractor's and rail operator's duties\n(1) A prime contractor or rail operator must transport a load\nincluding a nominally empty storage vessel in compliance with\nChapter 7.2 of the ADG Code.\n","sortOrder":98},{"sectionNumber":"88E","sectionType":"section","heading":"Driver's duties","content":"88E Driver's duties\n(1) The driver of a road vehicle transporting a nominally empty\nstorage vessel must do so in compliance with Chapter 7.2 of the\n","sortOrder":99},{"sectionNumber":"89","sectionType":"section","heading":"Consignor's duties","content":"89 Consignor's duties\n(b) the dangerous goods in the load or their packaging are not,\nor will not be, stowed, loaded and restrained in compliance\nwith Part 8.1 of the ADG Code.\n\nRegulations 2011 69\na cargo transport unit; and\n(b) the cargo transport unit is not, or will not be, restrained in\ncompliance with Chapter 8.2 of the ADG Code.\n(a) intentionally consigns the goods for transport in or on the\ncargo transport unit; and\nand\n","sortOrder":100},{"sectionNumber":"90","sectionType":"section","heading":"Loader's duties","content":"90 Loader's duties\n(b) the dangerous goods in the load or their packaging are not\nstowed, loaded and restrained in compliance with Part 8.1\n(a) the person loads dangerous goods that are in or on a cargo\ntransport unit for transport; and\n\nRegulations 2011 70\n(b) the cargo transport unit is not restrained in compliance with\n(a) intentionally loads the goods into or onto the vehicle for\nand\n(c) is reckless as to the non-compliance.\n","sortOrder":101},{"sectionNumber":"91","sectionType":"section","heading":"Prime contractor's and rail operator's duties","content":"91 Prime contractor's and rail operator's duties\n(c) the dangerous goods in the load or their packaging have\nnot been stowed or loaded, or are not restrained, in\ncompliance with Part 8.1 of the ADG Code.\n(b) the person transports dangerous goods in or on a cargo\ntransport unit; and\n\nRegulations 2011 71\n(c) the cargo transport unit is not restrained in compliance with\nand\n","sortOrder":102},{"sectionNumber":"92","sectionType":"section","heading":"Driver's duties","content":"92 Driver's duties\n(b) the dangerous goods in the load or their packaging have\nnot been stowed or loaded, or are not restrained, in\ncompliance with Part 8.1 of the ADG Code.\ndangerous goods that are in a cargo transport unit; and\n\nRegulations 2011 72\n(b) the cargo transport unit is not restrained in compliance with\nand\n","sortOrder":103},{"sectionNumber":"93","sectionType":"section","heading":"Meaning of segregation load","content":"93 Meaning of segregation load\nsegregation load means:\n(a) a placard load; or\n(b) a load containing dangerous goods that:\n(i) contains:\n(A) dangerous goods of UN Division 2.3 or UN\nClass 6 or 8; or\n(B) dangerous goods that have a subsidiary hazard\nof 6.1 or 8; and\n(ii) is being, or is to be, transported with food or food\npackaging.\n","sortOrder":104},{"sectionNumber":"94","sectionType":"section","heading":"Application of Part","content":"94 Application of Part\n(1) This Part applies in relation to the transport of a segregation\nload.\n(2) Dangerous goods packed in limited quantities do not need to\ncomply with this Part.\n\nRegulations 2011 73\n","sortOrder":105},{"sectionNumber":"95","sectionType":"section","heading":"Exception for certain goods for driver's personal use","content":"95 Exception for certain goods for driver's personal use\nDespite regulations 96 to 100, food and food packaging may be\ntransported in the cabin of a road vehicle that is transporting\ndangerous goods if the food or packaging is for the driver's\npersonal use.\n","sortOrder":106},{"sectionNumber":"96","sectionType":"section","heading":"Consignor's duties","content":"96 Consignor's duties\n(a) the person consigns a segregation load for transport in or\non a vehicle; and\n(b) the vehicle will, in the same journey, be transporting\n(c) the dangerous goods in the segregation load will not be\n(a) intentionally consigns the load; and\nand\n(c) knows, or ought reasonably to know, the vehicle will be\n","sortOrder":107},{"sectionNumber":"97","sectionType":"section","heading":"Loader's duties","content":"97 Loader's duties\n(a) the person loads a segregation load for transport in or on a\n(b) the vehicle will, in the same journey, be transporting\n\nRegulations 2011 74\n(c) the dangerous goods in the segregation load will not be\n(a) intentionally loads the segregation load into or onto the\nvehicle for transport; and\nand\n(c) knows, or ought reasonably to know, the vehicle will be\n","sortOrder":108},{"sectionNumber":"98","sectionType":"section","heading":"Prime contractor's duties","content":"98 Prime contractor's duties\n(b) the person transports a segregation load in or on a road\n(c) the vehicle is, in the same journey, transporting\n(d) the dangerous goods in the segregation load are not\n\nRegulations 2011 75\nand\n(c) knows, or ought reasonably to know, the vehicle is\n","sortOrder":109},{"sectionNumber":"99","sectionType":"section","heading":"Rail operator's duties","content":"99 Rail operator's duties\n(b) the person transports a segregation load in or on a train;\nand\n(c) the train is, in the same journey, transporting incompatible\n(d) the dangerous goods in the segregation load are not\nand\n(c) knows, or ought reasonably to know, the train is\n\nRegulations 2011 76\n","sortOrder":110},{"sectionNumber":"100","sectionType":"section","heading":"Driver's duties","content":"100 Driver's duties\nsegregation load; and\n(b) the vehicle is, in the same journey, transporting\n(c) the dangerous goods in the segregation load are not\nand\n(c) knows, or ought reasonably to know, the vehicle is\n","sortOrder":111},{"sectionNumber":"101","sectionType":"section","heading":"Approval of Type II segregation devices","content":"101 Approval of Type II segregation devices\n(1) The Competent Authority may, on application, approve a design\nfor a Type II segregation device if satisfied the design complies\nwith Chapter 6.11 of the ADG Code.\n(2) An application must include any information required under\nChapter 6.11 of the ADG Code.\nType II segregation device means a device of the kind\ndescribed in Section 6.11.4 of the ADG Code.\n\nRegulations 2011 77\n","sortOrder":112},{"sectionNumber":"102","sectionType":"section","heading":"Approval of methods of segregation","content":"102 Approval of methods of segregation\n(1) The Competent Authority may, on application, approve a method\nof segregation not complying with Part 9 of the ADG Code for\ntransporting dangerous and incompatible goods, if satisfied:\n(a) it is impracticable to segregate the goods by a segregation\ndevice, or method of segregation, complying with that Part;\nand\n(b) the risk involved in using the method to transport the goods\nis not greater than the risk involved in using a device or\nmethod complying with that Part to transport the goods.\n(2) The Competent Authority may approve a method of segregation\nsubject to any condition necessary for the safe transport of\n(a) the person is granted an approval under this regulation;\nand\n(b) the person contravenes a condition of the approval.\n","sortOrder":113},{"sectionNumber":"103","sectionType":"section","heading":"Meaning of bulk transfer","content":"103 Meaning of bulk transfer\nbulk transfer means the transfer by gravity, pump or pressure\ndifferential of liquid, solid or gaseous dangerous goods, by the\nuse of a hose assembly, into or out of:\n(a) a tank vehicle; or\n(b) a portable tank, demountable tank, bulk container,\npressure drum, tube, MEGC or IBC that is in or on a\nvehicle.\n\nRegulations 2011 78\n","sortOrder":114},{"sectionNumber":"104","sectionType":"section","heading":"Transferor's duties – hose assembly","content":"104 Transferor's duties – hose assembly\n(a) the person uses a hose assembly for the bulk transfer of\n(b) the assembly is damaged or defective to the extent that it is\nnot safe to use to transfer the goods.\n(a) intentionally uses the hose assembly for the bulk transfer of\nand\n(c) knows, or ought reasonably to know, the hose assembly is\nsubregulation (1)(b).\n(a) the person uses a hose assembly for the bulk transfer of\n(b) the hose assembly:\n(ii) has not been inspected and tested at the intervals, or\nin the way, required under that Chapter; or\n(iii) has not satisfied a test under that Chapter.\n(a) intentionally uses the hose assembly for the bulk transfer of\n\nRegulations 2011 79\nand\n(c) knows, or ought reasonably to know, of the circumstance\nmentioned in subregulation (2)(b).\n","sortOrder":115},{"sectionNumber":"105","sectionType":"section","heading":"Transferor's duties – general","content":"105 Transferor's duties – general\n(b) the goods are not transferred:\nand\n(ii) in a way that eliminates risk, or if it is not possible to\neliminate risk, that minimises risk to the maximum\nextent practicable.\nand\nmentioned in subregulation (1)(b).\n(i) the receiving receptacle or the transfer equipment is\nincompatible with the dangerous goods; or\n\nRegulations 2011 80\n(ii) the receptacle contains incompatible goods.\nand\n(c) knows, or ought reasonably to know, of the incompatibility.\n(b) the dangerous goods leak, spill or accidentally escape; and\n(i) fails to immediately stop transferring the goods; or\n(ii) fails to take all practicable steps to avert, eliminate or\nminimise risk; or\n(iii) starts transferring the goods again before the\nconditions causing the leak, spill or escape have\nbeen rectified.\nand\n(c) is reckless as to the leak, spill or escape; and\n(d) intentionally engages in the conduct mentioned in\nsubregulation (3)(c).\n\nRegulations 2011 81\n","sortOrder":116},{"sectionNumber":"106","sectionType":"section","heading":"Occupier's duties","content":"106 Occupier's duties\n(b) a hose assembly on the premises (other than a hose\nassembly brought onto the premises on a vehicle involved\nin a transfer) is, or is intended to be, used for the bulk\ntransfer of dangerous goods; and\n(c) the hose assembly:\n(a) is reckless as to the transfer of the goods occurring at the\npremises; and\nand\n(c) is reckless as to whether the hose assembly is, or is\nintended to be used, for the bulk transfer of dangerous\n(d) is reckless as to the circumstance mentioned in\nsubregulation (1)(c).\n(b) the goods are not transferred:\nand\n\nRegulations 2011 82\n(ii) in a way that averts, eliminates or minimises risk.\n(a) is reckless as to the transfer of the goods occurring at the\npremises; and\nand\nmentioned in subregulation (2)(b).\n(b) the person fails to keep accurate records in compliance\nwith Section 10.1.3.4 of the ADG Code of all maintenance\nwork, and each inspection and test, carried out on a hose\nassembly mentioned in subregulation (1)(b).\n","sortOrder":117},{"sectionNumber":"107","sectionType":"section","heading":"Prime contractor's duties","content":"107 Prime contractor's duties\n(c) the person is responsible for a hose assembly that is, or is\nintended to be, used for the bulk transfer of the dangerous\n(d) the hose assembly:\n\nRegulations 2011 83\n(c) the goods are not transferred:\nand\n(ii) in a way that averts, eliminates or minimises risk.\nand\nmentioned in subregulation (3)(c).\n(c) the person fails to keep accurate records in compliance\nwith Section 10.1.3.4 of the ADG Code of all maintenance\nwork, and each inspection and test, carried out on a hose\nassembly mentioned in subregulation (1)(c).\n\nRegulations 2011 84\n","sortOrder":118},{"sectionNumber":"108","sectionType":"section","heading":"Rail operator's duties","content":"108 Rail operator's duties\n(c) the person is responsible for a hose assembly that is, or\nintended to be, used for the bulk transfer of the dangerous\n(d) the hose assembly:\n","sortOrder":119},{"sectionNumber":"109","sectionType":"section","heading":"Meaning of ratio goods","content":"109 Meaning of ratio goods\nratio goods means dangerous goods of UN Class 2 that are not\nin the form of refrigerated liquid.\n","sortOrder":120},{"sectionNumber":"110","sectionType":"section","heading":"Transferor's duties","content":"110 Transferor's duties\ngoods into a tank vehicle; and\n(b) the goods are ratio goods; and\n\nRegulations 2011 85\n(c) the quantity of the goods in the tank into which the goods\nare transferred exceeds the maximum permitted filling ratio\nset out in Section 10.3.2 of the ADG Code.\nand\n(c) is reckless as to whether the goods are ratio goods; and\n(d) is reckless as to whether the filling ratio is exceeded.\ngoods into a tank vehicle; and\n(b) the goods are not ratio goods; and\n(c) the ullage in the tank does not comply with Section 10.3.1\nand\n(c) is reckless as to whether the goods are not ratio goods;\nand\n(d) is reckless as to the non-compliance.\n","sortOrder":121},{"sectionNumber":"111","sectionType":"section","heading":"Prime contractor's and rail operator's duties","content":"111 Prime contractor's and rail operator's duties\n\nRegulations 2011 86\n(b) the person transports dangerous goods in a tank vehicle;\nand\n(c) the goods are ratio goods; and\n(d) the quantity of goods in the tank exceeds the maximum\npermitted filling ratio set out in Section 10.3.2 of the ADG\n(b) the person transports dangerous goods in a tank vehicle;\nand\n(c) the goods are not ratio goods; and\n(d) the ullage in the tank does not comply with Section 10.3.1\n","sortOrder":122},{"sectionNumber":"112","sectionType":"section","heading":"Driver's duties","content":"112 Driver's duties\n(a) the person is the driver of a road tank vehicle transporting\n(b) the goods are ratio goods; and\n(c) the quantity of goods in the tank exceeds the maximum\npermitted filling ratio set out in Section 10.3.2 of the ADG\nand\n\n","sortOrder":123},{"sectionNumber":"Subdiv 2","sectionType":"subdivision","heading":"Ullage requirements for vehicles licensed after commencement of","content":"Subdivision 2 Ullage requirements for vehicles licensed after commencement of\nSubdivision\nRegulations 2011 87\n(c) is reckless as to whether the goods are ratio goods; and\n(d) knows, or ought reasonably to know, the filling ratio is\nexceeded.\n(a) the person is the driver of a road tank vehicle transporting\n(b) the goods are not ratio goods; and\n(c) the ullage in the tank does not comply with Section 10.3.1\nand\n(c) is reckless as to whether the goods are not ratio goods;\nand\nSubdivision 2 Ullage requirements for vehicles licensed after\ncommencement of Subdivision\n","sortOrder":124},{"sectionNumber":"112A","sectionType":"section","heading":"Application of Subdivision","content":"112A Application of Subdivision\nThis Subdivision does not apply in relation to the transport of\ngoods on or in a road vehicle that was licensed under Part 15\nbefore the commencement of this Subdivision.\n\nSubdivision 2 Ullage requirements for vehicles licensed after commencement of\nSubdivision\nRegulations 2011 88\n","sortOrder":125},{"sectionNumber":"112B","sectionType":"section","heading":"Transferor's duties","content":"112B Transferor's duties\n(1) Subregulation (2) applies in relation to a person engaged in the\nbulk transfer of goods that are not dangerous goods to a tank\n(tank A) that is on, or part of, a vehicle if, before tank A is\nemptied of the non-dangerous goods:\n(a) the vehicle is carrying dangerous goods in another tank or\nin another compartment of tank A; or\n(b) the vehicle is likely to carry dangerous goods in another\ntank or in another compartment of tank A.\n(2) A person to whom this subregulation applies must ensure that\nthe ullage in tank A in respect of the non-dangerous goods,\ncomplies with section 10.3.1 of the ADG Code as if the goods\nwere dangerous goods.\n(a) engages in the bulk transfer of goods; and\n(b) fails to comply with subregulation (2).\n","sortOrder":126},{"sectionNumber":"112C","sectionType":"section","heading":"Prime contractor's and rail operator's duties","content":"112C Prime contractor's and rail operator's duties\n(1) A prime contractor or rail operator using a vehicle to transport a\ntank (tank A) containing goods that are not dangerous goods at\nthe same time as using the vehicle to transport dangerous\ngoods in another tank or another compartment of tank A, must\nensure the ullage in tank A in respect of the non-dangerous\ngoods complies with section 10.3.1 of the ADG Code as if the\nnon-dangerous goods were dangerous goods.\n(b) the person fails to comply with subregulation (1).\n\nRegulations 2011 89\n","sortOrder":127},{"sectionNumber":"112D","sectionType":"section","heading":"Driver's duties","content":"112D Driver's duties\n(1) Subregulation (2) applies in relation to a road tank vehicle if:\n(a) the vehicle has a tank (tank A) containing goods that are\nnot dangerous goods; and\n(b) the vehicle also contains dangerous goods in a\ncompartment in tank A or in another tank on the vehicle.\n(2) The driver of a road tank vehicle may only drive the road tank\nvehicle if the ullage in tank A in relation to the non-dangerous\ngoods complies with section 10.3.1 of the ADG Code as if the\nnon-dangerous goods were dangerous goods.\n(a) drives a road tank vehicle; and\n(b) fails to comply with subregulation (2).\n","sortOrder":128},{"sectionNumber":"113","sectionType":"section","heading":"Misleading information in transport documentation","content":"113 Misleading information in transport documentation\n(a) the person includes information in transport documentation\nfor dangerous goods; and\n(b) the information is misleading information.\n(a) intentionally includes the information in the documentation;\nand\n(b) is reckless as to whether the documentation is transport\ndocumentation; and\n\nRegulations 2011 90\n(c) knows, or ought reasonably to know, the information is\nExample for regulation 113\nA person named as consignor of the dangerous goods in transport\ndocumentation if the person is not the consignor of the goods.\n","sortOrder":129},{"sectionNumber":"114","sectionType":"section","heading":"Consignor's duties – transport by road","content":"114 Consignor's duties – transport by road\na road vehicle; and\n(b) the prime contractor for the goods or driver of the road\nvehicle does not have documentation for the goods that\ncomplies with Chapter 11.1 of the ADG Code.\n(a) the person consigns dangerous goods for transport by\n(b) the goods will be divided into, and transported in, separate\nloads; and\n(c) separate documentation that complies with Chapter 11.1 of\nthe ADG Code for each load has not been given to the\nprime contractor for the goods or the driver of each road\nvehicle that is or will be transporting the load.\n(a) intentionally consigns the goods for transport by road; and\nand\n(c) knows, or ought reasonably to know, the goods will be\ndivided and transported as separate loads.\n\nRegulations 2011 91\n","sortOrder":130},{"sectionNumber":"115","sectionType":"section","heading":"Consignor's duties – transport by rail","content":"115 Consignor's duties – transport by rail\na unit of rolling stock; and\n(b) the rail operator for the goods does not have\ndocumentation that complies with Chapter 11.1 of the ADG\nCode for the goods.\n(3) For subregulation (1), a rail operator is taken to have\ndocumentation if the contents of the documentation have been\ncommunicated to the rail operator by means of electronic data\nprocessing or electronic data interchange.\n","sortOrder":131},{"sectionNumber":"116","sectionType":"section","heading":"Prime contractor's duties","content":"116 Prime contractor's duties\n(1) A prime contractor must ensure that a person does not drive a\nroad vehicle used by the prime contractor to transport dangerous\ngoods if:\n(a) the person has not been given transport documentation\n(b) the transport documentation:\n(i) is not carried in the vehicle in accordance with\n","sortOrder":132},{"sectionNumber":"Part 11","sectionType":"part","heading":"1 of the ADG Code; and","content":"Chapter 11.1 of the ADG Code; and\n(ii) is not able to be readily located in the vehicle.\n(2) A prime contractor that is required to create or use a document\nunder the Act, these Regulations or the ADG Code in relation to\nthe transport of dangerous goods, must retain the document, or\na copy of the document, for 3 months after the transport of the\n(3) For subregulation (2):\n(a) the document, or copy of the document, must be retained\nin hard copy and be readily legible; and\n\nRegulations 2011 92\n(b) a paper copy of the document must be readily able to be\ncreated on request of an authorised officer.\n(4) A person commits an offence if the person:\n(b) fails to comply with a requirement under this regulation.\n","sortOrder":133},{"sectionNumber":"117","sectionType":"section","heading":"Rail operator's duties","content":"117 Rail operator's duties\n(b) the person transports dangerous goods in or on a train;\nand\n(c) the driver of the train has not been given documentation\n(3) For subregulation (1), the driver is taken to have been given\ndocumentation if the contents of the documentation have been\ncommunicated to the driver by means of electronic data\nprocessing or electronic data interchange.\n","sortOrder":134},{"sectionNumber":"118","sectionType":"section","heading":"Driver's duties","content":"118 Driver's duties\n(1) The driver of a road vehicle transporting dangerous goods must:\n(a) carry documentation for the goods that complies with\nChapter 11.1 of the ADG Code; and\n(b) ensure the documentation is:\n(i) carried in the vehicle in accordance with Chapter 11.1\nof the ADG Code; and\n(ii) readily able to be located in the vehicle.\n\nRegulations 2011 93\n(2) The driver of a road vehicle transporting dangerous goods must\nproduce the transport documentation for the goods for\ninspection by an authorised officer or an officer of an emergency\nservice on request.\n(a) is the driver of a road vehicle transporting dangerous\n(b) fails to comply with subregulation (1) or (2).\n","sortOrder":135},{"sectionNumber":"119","sectionType":"section","heading":"Train driver's duties","content":"119 Train driver's duties\n(b) the person does not have documentation that complies\nwith Chapter 11.1 of the ADG Code for the goods.\nasks the person to produce for inspection documentation\n(c) the person fails to produce the documentation.\nsubregulation (1) if the defendant establishes a reasonable\nexcuse.\n\nRegulations 2011 94\n(5) This regulation does not apply if:\n(a) the train is in a depot or yard or is engaged in shunting\noperations; and\n(b) the documentation is readily available elsewhere in the\nimmediate vicinity of the depot or yard or of those\noperations.\n","sortOrder":136},{"sectionNumber":"120","sectionType":"section","heading":"Meaning of required emergency information","content":"120 Meaning of required emergency information\nrequired emergency information means information:\n(a) that complies with Chapter 11.2 of the ADG Code; or\n(b) approved under regulation 126.\n","sortOrder":137},{"sectionNumber":"121","sectionType":"section","heading":"Consignor's duties","content":"121 Consignor's duties\n(a) the person consigns a placard load for transport in or on a\n(b) the required emergency information for the dangerous\ngoods in the load is not in the vehicle.\n(a) intentionally consigns the load for transport in or on the\n(c) knows, or ought reasonably to know, the information is not\nin the vehicle.\n","sortOrder":138},{"sectionNumber":"122","sectionType":"section","heading":"Prime contractor's duties","content":"122 Prime contractor's duties\n\nRegulations 2011 95\n(i) the vehicle is not equipped with an emergency\ninformation holder that complies with Chapter 11.2 of\nthe ADG Code; or\n(ii) the required emergency information for the\ndangerous goods in the load is not in the holder.\n","sortOrder":139},{"sectionNumber":"123","sectionType":"section","heading":"Rail operator's duties","content":"123 Rail operator's duties\n(b) the person transports a placard load in or on a train; and\n(c) the required emergency information for the dangerous\ngoods in the load is not in the train driver's cab.\n(3) This regulation does not apply if:\n(a) the train is engaged in shunting operations; and\n(b) the documentation is readily available elsewhere in the\nimmediate vicinity of those operations.\n","sortOrder":140},{"sectionNumber":"124","sectionType":"section","heading":"Driver's duties","content":"124 Driver's duties\n\nRegulations 2011 96\n(i) the vehicle is not equipped with an emergency\ninformation holder that complies with Chapter 11.2 of\nthe ADG Code; or\n(ii) the required emergency information for the\ndangerous goods in the load provided by the\nconsignor of the goods, or by the prime contractor for\nthe transport of the goods, is not in the holder.\n(b) the road vehicle's emergency information holder contains\nanything other than:\n(i) the required emergency information for the\ndangerous goods in the load; and\n(ii) the transport documentation for the dangerous\nasks the person to produce for inspection the required\nemergency information for the dangerous goods in the\n(c) the person fails to produce the information.\n(4) An offence against subregulation (1), (2) or (3) is an offence of\nstrict liability.\n\nRegulations 2011 97\n","sortOrder":141},{"sectionNumber":"125","sectionType":"section","heading":"Train driver's duties","content":"125 Train driver's duties\n(a) the person is the driver of a train transporting a placard\n(b) the required emergency information for the dangerous\ngoods in the load is not in the train driver's cab.\n(a) the person is the driver of a train transporting a placard\nasks the person to produce for inspection the required\nemergency information for the dangerous goods in the\n(c) the person fails to produce the information.\n(4) This regulation does not apply if:\n(a) the train is in a depot or yard or is engaged in shunting\noperations; and\n(b) the information is readily available elsewhere in the\nimmediate vicinity of the depot or yard or of those\noperations.\n","sortOrder":142},{"sectionNumber":"126","sectionType":"section","heading":"Approval of emergency information","content":"126 Approval of emergency information\nThe Competent Authority may, on application or on its own\ninitiative, approve information that does not comply with\nChapter 11.2 of the ADG Code as required emergency\ninformation if satisfied the information is as accurate, and its use\nwould be at least as convenient and efficient, as information that\ncomplies with the Chapter.\n\nRegulations 2011 98\n","sortOrder":143},{"sectionNumber":"126A","sectionType":"section","heading":"Consignor's duties","content":"126A Consignor's duties\n(1) A person who consigns dangerous goods that are packed in\nlimited quantities for transport in or on a vehicle must give the\nprime contractor the information mentioned in section 3.4.12.1 of\nthe ADG Code in relation to the goods.\n(a) consigns goods for transport in or on a vehicle; and\n","sortOrder":144},{"sectionNumber":"126B","sectionType":"section","heading":"Prime contractor's duties","content":"126B Prime contractor's duties\n(1) A prime contractor who receives information under\nregulation 126A must ensure the information is readily\nascertainable during the transport of the dangerous goods.\n","sortOrder":145},{"sectionNumber":"126C","sectionType":"section","heading":"Misleading information in documentation","content":"126C Misleading information in documentation\n(1) A person required to give information in relation to dangerous\ngoods that are packed in limited quantities under\nsection 3.4.12.1 of the ADG Code must ensure the information\ndoes not include false or misleading information.\n(2) A person commits an offence if the person contravenes\n\nRegulations 2011 99\n","sortOrder":146},{"sectionNumber":"127","sectionType":"section","heading":"Owner's duties","content":"127 Owner's duties\n(a) the person owns a road vehicle; and\ntransport a placard load; and\n(c) the vehicle is not equipped with:\n","sortOrder":147},{"sectionNumber":"128","sectionType":"section","heading":"Prime contractor's duties","content":"128 Prime contractor's duties\n(c) the vehicle is not equipped with:\n\nRegulations 2011 100\n(c) the equipment for the vehicle mentioned in\nsubregulation (1)(c):\n(i) has not been inspected or tested in compliance with\n","sortOrder":148},{"sectionNumber":"Part 12","sectionType":"part","heading":"of the ADG Code; or","content":"Part 12 of the ADG Code; or\n(ii) is not in good repair and proper working order.\nFault element: The person knows, or ought reasonably\nto know, of the circumstance mentioned\nin subregulation (3)(c).\n","sortOrder":149},{"sectionNumber":"129","sectionType":"section","heading":"Driver's duties","content":"129 Driver's duties\n(b) the vehicle is not equipped with:\n(b) the equipment for the vehicle mentioned in\nsubregulation (1)(b):\n(i) is not stowed in compliance with Part 12 of the ADG\nCode; or\n(ii) has not been inspected or tested in compliance with\nthe that Part; or\n\nRegulations 2011 101\n(iii) is not in good repair and proper working order.\n(c) knows, or ought reasonably to know, of the circumstance\nmentioned in subregulation (3)(b).\n","sortOrder":150},{"sectionNumber":"130","sectionType":"section","heading":"Driver's duties","content":"130 Driver's duties\n(1) This regulation applies in relation to the driver of a road vehicle\ntransporting a placard load if:\n(a) the vehicle is broken-down or otherwise immobilised or has\nstopped on a road; and\n(b) the vehicle is a hazard.\n(2) The driver must alert other road users to the hazard in\ncompliance with Part 13 of the ADG Code.\n(3) Despite subregulation (2), the driver may, instead of using\nwarning triangles in accordance with Part 13 of the ADG Code,\nuse warning triangles in accordance with the requirements of\nrule 227 of the Australian Road Rules.\n(4) A person commits an offence if the person\n(a) drives a road vehicle transporting a placard load; and\n(b) fails to comply with subregulation (2) or (3).\nMaximum penalty: 10 penalty units\n\nRegulations 2011 102\n","sortOrder":151},{"sectionNumber":"131","sectionType":"section","heading":"Prime contractor's duties","content":"131 Prime contractor's duties\n(c) the vehicle is broken-down or otherwise immobilised on a\n(d) the person fails to ensure the vehicle is, as soon as\npracticable:\n(i) repaired so that it can be driven safely off the road; or\n(ii) towed to a place where it can be repaired.\n(c) knows, or ought reasonably to know, of the breakdown or\nimmobilisation; and\n(d) intentionally fails to ensure the vehicle is repaired or towed\nas soon as practicable.\n(c) the vehicle is broken-down or otherwise immobilised on a\n(d) the person fails to:\n(i) remove the dangerous goods from the road vehicle\nbefore the road vehicle is repaired or towed; and\n\nRegulations 2011 103\n(ii) transport the dangerous goods from the place of the\nbreakdown or immobilisation.\n(c) knows, or ought reasonably to know, of the breakdown or\nimmobilisation; and\n(d) intentionally fails to remove and transport the dangerous\n(3) Subregulation (2) does not apply if the risk involved in complying\nwith subregulation (2)(d) is greater than the risk involved in not\ndoing so.\n(4) A prime contractor must ensure that a vehicle containing a\nplacard load that is broken-down or otherwise immobilised on a\nroad is towed by a person who:\n(a) holds a dangerous goods driver licence that authorises the\ndriver of the tow truck to drive a vehicle with those\n(b) is accompanied in the cabin of the tow truck by a person\nwho holds a dangerous goods driver licence that\nauthorises the accompanying person to drive a vehicle with\nthose dangerous goods.\n(5) A person commits an offence if the person:\n(b) fails to comply with subregulation (4).\n(6) An offence against subregulation (5) is an offence of strict\n\nRegulations 2011 104\n","sortOrder":152},{"sectionNumber":"132","sectionType":"section","heading":"Rail operator's duties","content":"132 Rail operator's duties\n(b) the person transports a placard load in or on a train; and\n(c) the train fails or is otherwise immobilised; and\n(d) the person fails to take, as soon as practicable, appropriate\nsteps to ensure a dangerous situation does not arise.\n(c) intentionally fails to take the steps mentioned in\nparagraph (d).\n","sortOrder":153},{"sectionNumber":"133","sectionType":"section","heading":"Driving","content":"133 Driving\n(b) the person allows someone else to ride in the vehicle other\nthan in compliance with Part 13 of the ADG Code.\n","sortOrder":154},{"sectionNumber":"134","sectionType":"section","heading":"Parking","content":"134 Parking\n\nRegulations 2011 105\n(b) the person parks the vehicle, or leaves it standing, in a\npublic or private place other than in compliance with\n","sortOrder":155},{"sectionNumber":"135","sectionType":"section","heading":"Control of ignition sources","content":"135 Control of ignition sources\n(1) This regulation applies in relation to a road vehicle transporting a\nload containing dangerous goods if:\n(a) the load contains:\n(b) the load contains dangerous goods that:\n(i) are of UN Division 2.1 or UN Class 3, 4 or 5; or\n(ii) have a subsidiary hazard of 2.1, 3, 4 or 5.1.\n(a) the person is the driver of the road vehicle; and\n(b) the person:\n(i) has matches or a cigarette lighter in his or her\npossession in the vehicle; or\n(ii) smokes in the vehicle.\n(a) the person is the driver of the road vehicle; and\n\nRegulations 2011 106\n(b) another person:\n(i) has matches or a cigarette lighter in his or her\npossession in the vehicle; or\n(ii) smokes in the vehicle.\n(a) is reckless as to whether the load contains dangerous\ngoods of the kind mentioned in subregulation (1); and\n(b) is reckless as to the circumstance mentioned in\nsubregulation (4)(b).\n","sortOrder":156},{"sectionNumber":"136","sectionType":"section","heading":"Unloading","content":"136 Unloading\n(b) the person permits the dangerous goods to be unloaded\nfrom the vehicle other than in compliance with Part 13 of\nthe ADG Code.\n","sortOrder":157},{"sectionNumber":"137","sectionType":"section","heading":"Detaching trailer","content":"137 Detaching trailer\n(1) Subject to subregulation (2), the driver of a road vehicle that has\nattached to it a trailer transporting a placard load must detach\nthe trailer in compliance with Part 13 of the ADG Code.\n(2) Despite subregulation (1), a driver may detach a trailer\ntransporting a placard load from the vehicle other than in\ncompliance with Part 13 of the ADG Code if:\n(a) the vehicle is in a remote location; and\n(b) the trailer to be detached contains dangerous goods that\nare UN Class 3 goods that are flammable liquids; and\n\nRegulations 2011 107\n(c) it is necessary to detach the trailer to enable the vehicle to\naccess a location that would be inaccessible if the trailer\nwere attached to the vehicle; and\n(d) the trailer will not be a traffic hazard or a risk to safety\nwhen it is detached.\n(a) is the driver of a road vehicle; and\n(b) detaches a trailer in a manner that contravenes\nsubregulation (1) or (2).\n","sortOrder":158},{"sectionNumber":"138","sectionType":"section","heading":"Road tank vehicle equipped with burner","content":"138 Road tank vehicle equipped with burner\n(a) the person is the driver of a road tank vehicle that is\ntransporting a placard load; and\n(b) the vehicle is equipped with a burner to heat the load; and\n(c) the person operates the burner, or permits it to be\noperated, other than in compliance with Part 13 of the ADG\n","sortOrder":159},{"sectionNumber":"138A","sectionType":"section","heading":"Parking","content":"138A Parking\n(1) A prime contractor must not direct or induce the driver of a road\nvehicle transporting a placard load to park or otherwise leave the\nvehicle standing in a public or private place except in compliance\nwith Part 13 of the ADG Code.\n\nRegulations 2011 108\n","sortOrder":160},{"sectionNumber":"138B","sectionType":"section","heading":"Unloading","content":"138B Unloading\n(1) A prime contractor must not direct or induce the driver of a road\nvehicle transporting a placard load to permit a person to unload\ndangerous goods from the vehicle except in compliance with\n","sortOrder":161},{"sectionNumber":"138C","sectionType":"section","heading":"Detaching trailer","content":"138C Detaching trailer\n(1) Subject to subregulation (2), a prime contractor must not direct\nor induce the driver of a road vehicle that has a trailer\ntransporting a placard load attached to it to detach the trailer or\npermit it to be detached from the vehicle unless it is detached in\ncompliance with Part 13 of the ADG Code.\n(2) Despite subregulation (1), a prime contractor may direct or\ninduce a driver to detach a trailer from the road vehicle other\nthan in compliance with Part 13 of the ADG Code if:\n(a) the vehicle is in a remote location; and\n(b) the trailer to be detached contains dangerous goods that\nare UN Class 3 goods that are flammable goods; and\n(c) it is necessary to detach the trailer to enable the vehicle to\naccess a location that would be inaccessible if the trailer\nwere attached to the vehicle; and\n(d) the trailer will not be a traffic hazard or a risk to safety\nwhen it is detached.\n\nRegulations 2011 109\n(b) detaches a trailer in a manner that contravenes\nsubregulation (1) or (2).\n","sortOrder":162},{"sectionNumber":"138D","sectionType":"section","heading":"Road tank vehicle equipped with burner","content":"138D Road tank vehicle equipped with burner\n(1) A prime contractor who transports a placard load in or on a road\nvehicle that is equipped with a burner to heat a load must not\npermit a person to operate the burner except in compliance with\n","sortOrder":163},{"sectionNumber":"139","sectionType":"section","heading":"Road vehicle – driver's duties","content":"139 Road vehicle – driver's duties\n(b) the vehicle is involved in an incident resulting in a\ndangerous situation; and\n(i) fails to notify the prime contractor for the goods, the\nCompetent Authority, and the police or fire service, of\nthe incident as soon as practicable; or\n\nRegulations 2011 110\n(a) is reckless as to whether the vehicle is transporting\n(b) is reckless as to whether the vehicle is involved in an\n(c) intentionally fails to notify persons or provide assistance as\nmentioned in paragraph (c)(i) or (ii).\n","sortOrder":164},{"sectionNumber":"140","sectionType":"section","heading":"Train – driver's and rail operator's duties","content":"140 Train – driver's and rail operator's duties\n(b) the train is involved in an incident resulting in a dangerous\nsituation; and\n(i) fails to notify the rail operator for the goods of the\nincident as soon as practicable; or\n(a) is reckless as to whether the train is transporting\n(b) is reckless as to whether the train is involved in an incident\nresulting in a dangerous situation; and\n\nRegulations 2011 111\n(c) intentionally fails to notify persons or provide assistance as\nmentioned in subregulation (1)(c)(i) or (ii).\n(a) the person is the rail operator for a train transporting\n(b) the train is involved in an incident resulting in a dangerous\nsituation; and\n(i) fails to notify the Competent Authority, and the police\nor fire service, of the incident as soon as practicable;\nor\nFault element: The person knows the train is involved in\nthe incident resulting in the dangerous\nsituation.\n","sortOrder":165},{"sectionNumber":"141","sectionType":"section","heading":"Prime contractor's and rail operator's duties – food or food","content":"141 Prime contractor's and rail operator's duties – food or food\npackaging\n(a) dangerous goods are being transported in or on a vehicle;\nand\n(b) the vehicle is involved in an incident resulting in:\n(i) the leakage, spillage or accidental escape of the\n(ii) a fire or explosion; and\n(c) there is food or food packaging in the vicinity of the incident\n(the site) that is within the control of the prime contractor or\nrail operator for the goods.\n(a) the vehicle is a road vehicle; and\n\nRegulations 2011 112\n(b) the person is the prime contractor for the goods; and\n(c) the Competent Authority has not given permission to the\nperson to transport the food or food packaging from the\nsite; and\n(d) the food or food packaging is transported from the site.\n(a) the vehicle is rolling stock; and\n(b) the person is the rail operator for the goods; and\n(i) fails to notify the Competent Authority of the incident\nas soon as is practicable; or\n(ii) fails to deal with the food or food packaging as\ndirected by the Competent Authority.\n(4) An offence against subregulation (2) or (3) is an offence of strict\n(5) A permission mentioned in subregulation (2)(c) or a direction\nmentioned in subregulation (3)(c)(ii):\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;\nand\n(e) must take into consideration any requirements of the\nappropriate food and health authorities; and\n(f) may contain any other information the Competent Authority\nconsiders necessary.\n\nRegulations 2011 113\n","sortOrder":166},{"sectionNumber":"142","sectionType":"section","heading":"Prime contractor or rail operator to inform Competent","content":"142 Prime contractor or rail operator to inform Competent\nAuthority\n(a) a vehicle transporting dangerous goods is involved in an\n(b) the person is the prime contractor or rail operator for the\n(c) the person fails to comply with subregulation (3) or (4).\n(3) As soon as practicable after becoming aware of the incident, the\nperson must give to the Competent Authority information about\nthe incident stating the following:\n(a) where the incident occurred;\n(b) the time and date of the incident;\n(c) the nature of the incident;\n(d) the dangerous goods being transported when the incident\noccurred;\n(e) any other details the Competent Authority may require.\n(4) Within 21 days after the day when the incident occurred, the\nperson must give to the Competent Authority a written report\nabout the incident stating the following:\n(a) where the incident occurred;\n(b) the time and date of the incident;\n(c) the nature of the incident;\n(d) what the driver of the vehicle believes to be the likely cause\nof the incident;\n(e) what the person believes to be the likely cause of the\nincident;\n(f) the dangerous goods being transported when the incident\noccurred;\n\nRegulations 2011 114\n(g) the measures taken to control any leak, spill or accidental\nescape of dangerous goods and any fire or explosion,\narising out of the incident;\n(h) the measures taken after the incident in relation to the\ndangerous goods involved in the incident.\n","sortOrder":167},{"sectionNumber":"143","sectionType":"section","heading":"Telephone advisory service","content":"143 Telephone advisory service\n(b) the person transports a relevant load; and\n(c) a telephone advisory service is not available during the\njourney.\n(a) the person consigns a relevant load for transport; and\n(b) a telephone advisory service is not available during the\njourney.\nrelevant load means a load that contains:\nreceptacle.\ntelephone advisory service, for the transport of dangerous\ngoods, means a service:\n(a) provided by the prime contractor or rail operator for, or\nconsignor of, the goods, or someone else for the prime\ncontractor, rail operator or consignor; and\n\nRegulations 2011 115\n(b) providing access by a continuously monitored telephone,\nnot located on the vehicle or train carrying the goods, to a\nperson competent to give advice about:\n(i) the construction and properties of the receptacles in\nwhich the dangerous goods are being transported;\nand\n(ii) the use of equipment on the vehicle or train on which\nthe dangerous goods are being transported; and\n(iii) the properties of the dangerous goods; and\n(iv) methods of safely handling the dangerous goods; and\n(v) methods of safely containing and controlling the\ndangerous goods in a dangerous situation.\n","sortOrder":168},{"sectionNumber":"144","sectionType":"section","heading":"Emergency plans","content":"144 Emergency plans\n(1) A prime contractor or rail operator may only transport a placard\nload if the prime contractor or rail operator has an emergency\nplan for the transport of the goods.\n(2) A prime contractor or rail operator transporting a placard load\nmust, on becoming aware of a dangerous situation involving the\nplacard load, do everything that the emergency plan for the\ntransport of the load requires the prime contractor or rail\noperator to do that is reasonably practicable in the\ncircumstances.\n(3) A person may only consign a placard load for transport if the\nperson has an emergency plan for the transport of the goods.\n(4) A consignor of a placard load being transported must, on\nbecoming aware of a dangerous situation involving the placard\nload, do everything that the emergency plan for the transport of\nthe load requires the consignor to do that is reasonably\npracticable in the circumstances.\n(5) A person commits an offence if the person:\n(a) is a prime contractor, rail operator or consignor; and\n(b) fails to comply with a requirement under this regulation.\n\nRegulations 2011 116\n(6) An offence against subregulation (5) is an offence of strict\n(7) In this regulation:\nemergency plan, for the transport of a placard load, means a\nwritten plan for dealing with any dangerous situation arising from\nthe transport of the goods that is prepared having regard to any\nguidelines approved by the Ministerial Council.\n","sortOrder":169},{"sectionNumber":"145","sectionType":"section","heading":"Consignor's duties – information and resources","content":"145 Consignor's duties – information and resources\n(a) a vehicle transporting a placard load is involved in an\n(b) the person is the consignor of the load; and\n(c) an authorised officer or an officer of an emergency service\nasks the person to do either or both of the following:\n(i) to give to the officer the information that the officer\nrequires about:\n(A) the properties of the dangerous goods being\ntransported; and\n(B) safe methods of handling the goods; and\n(C) safe methods of containing and controlling the\ngoods in a dangerous situation;\n(ii) to provide the equipment and other resources\nnecessary:\n(A) to control the dangerous situation; and\n(B) to contain, control, recover and dispose of\ndangerous goods that have leaked, spilled or\naccidentally escaped; and\n(d) the person fails to do so as soon as practicable.\n\nRegulations 2011 117\nsubregulation (1) if the defendant proves that:\n(a) the prime contractor or rail operator for the goods was\nasked under regulation 146 to give the same information or\nprovide the same resources for the incident; and\n(b) the prime contractor or rail operator gave the information or\nprovided the resources.\n","sortOrder":170},{"sectionNumber":"146","sectionType":"section","heading":"Prime contractor's and rail operator's duties – information","content":"146 Prime contractor's and rail operator's duties – information\nand resources\n(a) a vehicle transporting a placard load is involved in an\n(b) the person is the prime contractor or rail operator for the\n(c) an authorised officer or an officer of an emergency service\nasks the person to do either or both of the following:\n(i) give to the officer the information that the officer\nrequires about the vehicle's construction, properties\nand equipment;\n(ii) provide the equipment and other resources\nnecessary:\n(A) to control the dangerous situation; and\n(B) to recover a vehicle involved in the situation or\nits equipment; and\n(d) the person fails to do so as soon as practicable.\nsubregulation (1) if the defendant proves that:\n(a) the consignor was asked under regulation 145 to give the\nsame information or provide the same resources for the\nincident; and\n\nRegulations 2011 118\n(b) the consignor gave the information or provided the\nresources.\n","sortOrder":171},{"sectionNumber":"147","sectionType":"section","heading":"Meaning of adequate insurance","content":"147 Meaning of adequate insurance\nadequate insurance, for the transport of dangerous goods in or\non a road vehicle, means a policy of insurance or other form of\nindemnity, for a sum that is not less than $5 000 000, in relation\nto:\n(a) personal injury, death, property damage and other damage\n(except consequential economic loss) arising out of any\nfire, explosion, leakage or spillage of dangerous goods in,\non or from the vehicle or any packaging transported in or\non the vehicle; and\n(b) costs incurred by or on behalf of a Commonwealth, State\nor Territory government authority in a clean-up resulting\nfrom such a fire, explosion, leakage or spillage.\n","sortOrder":172},{"sectionNumber":"148","sectionType":"section","heading":"Owner's duties","content":"148 Owner's duties\n(a) the person owns a road vehicle; and\ntransport a placard load; and\n(c) the use of the vehicle to transport the load is not:\n(i) covered by adequate insurance; or\n(ii) approved under regulation 151.\n(3) For subregulation (1), each load bearing vehicle, whether or not\nit is a motor vehicle, is a single vehicle.\n(4) For subregulation (1) and despite subregulation (3), a road\nvehicle comprised of a combination of vehicles is covered by\nadequate insurance if it is insured as a single road vehicle.\n\nRegulations 2011 119\n","sortOrder":173},{"sectionNumber":"149","sectionType":"section","heading":"Prime contractor's duties","content":"149 Prime contractor's duties\n(c) the use of the vehicle to transport the load is not:\n(i) covered by adequate insurance; or\n(ii) approved under regulation 151.\n(3) For subregulation (1), each load bearing vehicle, whether or not\nit is a motor vehicle, is a single vehicle.\n(4) For subregulation (1) and despite subregulation (3), a road\nvehicle comprised of a combination of vehicles is covered by\nadequate insurance if it is insured as a single road vehicle.\n","sortOrder":174},{"sectionNumber":"150","sectionType":"section","heading":"Requiring evidence of insurance or approval","content":"150 Requiring evidence of insurance or approval\n(a) the person is:\n(i) the owner of a road vehicle used to transport a\nplacard load; or\n(ii) the prime contractor for a placard load; and\n(b) the Competent Authority, by written notice, requires the\nperson to produce:\n(i) written evidence of adequate insurance as mentioned\nin regulation 148(1)(c)(i) or 149(1)(c)(i); or\n(ii) an approval as mentioned in regulation 148(1)(c)(ii)\nor 149(1)(c)(ii); and\n\nRegulations 2011 120\n(c) the person fails to produce the evidence or approval to the\nCompetent Authority within 14 days after the day when the\nnotice is given to the person.\n","sortOrder":175},{"sectionNumber":"151","sectionType":"section","heading":"Approval to use vehicle without insurance","content":"151 Approval to use vehicle without insurance\n(1) The Competent Authority may, on application, approve the use\nof a vehicle to transport a placard load without adequate\ninsurance if satisfied that the vehicle owner or prime contractor\nfor the placard load is capable of adequately self-insuring for the\nsum, and in relation to the matters, mentioned in the definition\nadequate insurance in regulation 147.\n(2) An application may be made by the vehicle owner or prime\ncontractor.\n(3) The Competent Authority may approve the use of a vehicle\nwithout adequate insurance:\n(a) for a single use or for a period not longer than 5 years; and\n(b) subject to any conditions the Competent Authority thinks fit.\n","sortOrder":176},{"sectionNumber":"Part 15","sectionType":"part","heading":"Dangerous goods driver licences and","content":"Part 15 Dangerous goods driver licences and\ndangerous goods vehicle licences\n","sortOrder":177},{"sectionNumber":"152","sectionType":"section","heading":"Application of Part","content":"152 Application of Part\nDespite anything to the contrary in this Part, this Part does not\napply to the transport by road of dangerous goods in or on a\nvehicle if:\n(a) the goods are transported in an IBC; and\n(b) the IBC is not packed or unpacked on the vehicle; and\n(c) the total capacity of IBCs containing dangerous goods in or\non the vehicle is not more than 3 000 L.\n\nDivision 2 Road vehicles and drivers to be licensed under this Part\nRegulations 2011 121\n","sortOrder":178},{"sectionNumber":"153","sectionType":"section","heading":"Part additional to other laws","content":"153 Part additional to other laws\nThis Part is in addition to any other law in force in the Territory\nabout any of the following:\n(a) the licensing of drivers;\n(b) the employment or engaging of drivers;\n(c) the registration of vehicles;\n(d) the transport of goods by road.\n","sortOrder":179},{"sectionNumber":"154","sectionType":"section","heading":"Licensing Authority","content":"154 Licensing Authority\nThe Competent Authority may authorise a person or body to\nexercise the functions of a licensing authority under this Part.\nDivision 2 Road vehicles and drivers to be licensed under\nthis Part\n","sortOrder":180},{"sectionNumber":"155","sectionType":"section","heading":"Road vehicles to be licensed","content":"155 Road vehicles to be licensed\n(1) A road vehicle must not be used to transport:\nreceptacle;\nunless the vehicle is licensed under this Part to transport the\n(2) If the Competent Authority makes an administrative\ndetermination that a vehicle that is not licensed under this Part\nmay be used to transport the dangerous goods described in\nsubregulation (1), the vehicle may be used to transport the\ngoods without complying with that subregulation.\n","sortOrder":181},{"sectionNumber":"156","sectionType":"section","heading":"Drivers to be licensed","content":"156 Drivers to be licensed\nA person must not drive a road vehicle transporting:\nreceptacle;\n\nRegulations 2011 122\nunless the person holds a dangerous goods driver licence that\nauthorises the person to drive the vehicle transporting those\n","sortOrder":182},{"sectionNumber":"157","sectionType":"section","heading":"Application for dangerous goods driver licence","content":"157 Application for dangerous goods driver licence\n(1) A person resident in the Territory who is not the holder of a\ndangerous goods driver licence or a corresponding dangerous\ngoods driver licence may apply to the licensing authority for a\ndangerous goods driver licence if the person holds a driver\n(2) The application must be accompanied by the following:\n(a) the driver licence evidence required by regulation 158;\n(b) the competency evidence required by regulation 159;\n(c) the medical fitness evidence required by regulation 161;\n(d) 2 photographs, of a size suitable for a passport, of the\napplicant taken not more than 6 months before the day\nwhen the application is made;\n(e) the prescribed fee.\n","sortOrder":183},{"sectionNumber":"158","sectionType":"section","heading":"Driver licence evidence","content":"158 Driver licence evidence\n(1) The following documents are required as driver licence evidence\nfor an application for the grant or renewal of a dangerous goods\ndriver licence:\n(a) a current certified extract of entries about the applicant in\nthe driving licences register kept by the driver licensing\nauthority in each jurisdiction where the applicant has held a\nlicence to drive; and\n(i) the document mentioned in subregulation (2); or\n(ii) the authorisation mentioned in subregulation (3).\n(2) For subregulation (1)(b)(i), the document is a copy, certified by\nthe appropriate authority of the jurisdiction where the applicant\nwas convicted, of the records of any conviction of the applicant\nfor an offence involving the driving of a road vehicle.\n\nRegulations 2011 123\n(3) For subregulation (1)(b)(ii), the authorisation is authorisation by\nthe applicant for the licensing authority to have access to:\n(a) entries about the applicant in the driving licences register of\nany jurisdiction; and\n(b) records of any conviction of the applicant for an offence\ninvolving the driving of a road vehicle in any jurisdiction.\n(4) For subregulation (1)(a), a current certified extract is an extract\ncertified by the driver licensing authority not more than 6 months\nbefore the day when the application is made.\n","sortOrder":184},{"sectionNumber":"159","sectionType":"section","heading":"Competency evidence","content":"159 Competency evidence\n(1) A document mentioned in subregulation (2) is required as\ncompetency evidence for an application for the grant or renewal\nof a dangerous goods driver licence.\n(2) The document must be either:\n(a) a certificate issued, not more than 6 months before the day\nwhen the application is made, by a person who conducted\nan approved test or approved training course stating that\nthe applicant passed the test or completed the course; or\n(b) other written evidence that the applicant passed an\napproved test or completed an approved training course\nnot more than 6 months before the day when the\napplication is made.\napproved test means a test approved under\nregulation 160(1)(a).\napproved training course means a training course approved\nunder regulation 160(1)(b).\n","sortOrder":185},{"sectionNumber":"160","sectionType":"section","heading":"Approval of tests and training courses for drivers","content":"160 Approval of tests and training courses for drivers\n(1) The Competent Authority may, on application, approve:\n(a) a test of competence for drivers of road vehicles\ntransporting dangerous goods; or\n(b) a training course for drivers of road vehicles transporting\n\nRegulations 2011 124\n(2) The Competent Authority may approve a test of competence or\na training course only if satisfied that a person who passes the\ntest, or completes the course, will have the skills and knowledge\nto perform the task to which the test or course relates safely and\nin accordance with these Regulations.\n","sortOrder":186},{"sectionNumber":"161","sectionType":"section","heading":"Medical fitness evidence","content":"161 Medical fitness evidence\n(1) The certificate mentioned in subregulation (2) is required as\nmedical fitness evidence for an application for the grant or\nrenewal of a dangerous goods driver licence.\n(2) The certificate must be:\n(a) about the medical fitness of the applicant to drive a road\n(b) issued by a medical practitioner who, not more than 6\nmonths before the day when the application is made,\nexamined and passed the applicant in accordance with the\nstandards in Assessing fitness to drive for commercial and\nprivate vehicle drivers – Medical standards for licensing\nand clinical management guidelines published by\nAustroads and the National Transport Commission, as in\nforce at the time of the examination.\n","sortOrder":187},{"sectionNumber":"162","sectionType":"section","heading":"Grant of dangerous goods driver licence","content":"162 Grant of dangerous goods driver licence\n(1) The licensing authority must grant a dangerous goods driver\nlicence if an application is made in accordance with\nregulation 157.\n(2) However, the licensing authority must not grant the licence if:\n(a) in the 5 years before the day when the application is made:\n(i) the applicant has been found guilty by a court in\nAustralia of an offence that makes the applicant\n(ii) the applicant's driver licence has been cancelled or\nsuspended on a ground that makes the applicant\n(b) the applicant is subject to a court order prohibiting the\napplicant from involvement in the transport of dangerous\ngoods by road.\n\nRegulations 2011 125\n(3) If the licensing authority refuses to grant a dangerous goods\ndriver licence, the licensing authority must give the applicant\n","sortOrder":188},{"sectionNumber":"163","sectionType":"section","heading":"Application for renewal of dangerous goods driver licence","content":"163 Application for renewal of dangerous goods driver licence\n(1) A person who holds a dangerous goods driver licence may apply\nto the licensing authority for the renewal of the licence.\n(2) The application must be accompanied by the following:\n(a) the driver licence evidence required by regulation 158;\n(b) the competency evidence required by regulation 159;\n(c) the medical fitness evidence required by regulation 161;\n(d) 2 photographs, of a size suitable for a passport, of the\napplicant taken not more than 6 months before the day\nwhen the application is made;\n(e) the prescribed fee.\n","sortOrder":189},{"sectionNumber":"164","sectionType":"section","heading":"Renewal of dangerous goods driver licence","content":"164 Renewal of dangerous goods driver licence\n(1) The licensing authority must renew a dangerous goods driver\nlicence if an application is made in accordance with\nregulation 163.\n(2) However, the licensing authority must not renew the licence if:\n(a) while the licence had effect:\n(i) the applicant was found guilty by a court in Australia\nof an offence that makes the applicant unsuitable to\nbe the driver of a vehicle transporting dangerous\n(ii) the applicant's driver licence has been cancelled or\nsuspended on a ground that makes the applicant\n(b) the applicant is subject to a court order prohibiting the\napplicant from involvement in the transport of dangerous\ngoods by road.\n(3) If the licensing authority refuses to renew a dangerous goods\ndriver licence, the licensing authority must give the applicant\n\nRegulations 2011 126\n","sortOrder":190},{"sectionNumber":"165","sectionType":"section","heading":"Duration of dangerous goods driver licence","content":"165 Duration of dangerous goods driver licence\n(1) A dangerous goods driver licence is granted for the period\nspecified in the licence, being a period not longer than 5 years.\n(2) A dangerous goods driver licence takes effect on the day when\nthe licence is granted or a later day specified in the licence.\n(3) A dangerous goods driver licence is renewed for the period\nspecified in the renewed licence, being a period not longer than\n5 years.\n","sortOrder":191},{"sectionNumber":"166","sectionType":"section","heading":"Conditions on dangerous goods driver licence","content":"166 Conditions on dangerous goods driver licence\n(1) The licensing authority may grant or renew a dangerous goods\ndriver licence subject to conditions mentioned in\nsubregulations (3) and (4).\n(2) A condition to which the licence is subject must be stated in the\n(3) The licence may be subject to conditions about one or more of\n(a) the dangerous goods that may or may not be transported in\nor on a road vehicle driven by the licensee;\n(b) the packaging that may or may not be used to transport\ndangerous goods in or on a road vehicle driven by the\nlicensee;\n(c) the road vehicles that may be driven by the licensee in\ntransporting dangerous goods;\n(d) the areas where the licensee may or may not drive a road\nvehicle transporting dangerous goods or particular\ndangerous goods;\n(e) the supervision of the licensee when driving a road vehicle\ntransporting dangerous goods.\n(4) The licence may be subject to any other condition necessary for\nthe safe transport of dangerous goods by road.\n\nRegulations 2011 127\n","sortOrder":192},{"sectionNumber":"167","sectionType":"section","heading":"Condition as to evidence of fitness","content":"167 Condition as to evidence of fitness\n(1) It is a condition of a dangerous goods driver licence that the\nlicensing authority may, by written notice given to the licensee,\nrequire the licensee to produce to the authority a certificate:\n(a) about the medical fitness of the licensee to drive a road\n(b) issued by a medical practitioner who, not more than\n6 months before the day when the certificate is given to the\nauthority, examined and passed the licensee in accordance\nwith the standards in Assessing fitness to drive for\ncommercial and private vehicle drivers – Medical standards\nfor licensing and clinical management guidelines published\nby Austroads and the National Transport Commission, as\nin force at the time of the examination.\n(2) The written notice must specify a period of at least 2 months\nafter the day when the notice is received by the licensee within\nwhich the licensee must produce the certificate.\n(3) The licensing authority must not give written notice under this\nregulation if the period of validity of the dangerous goods driver\nlicence is less than 4 months.\n","sortOrder":193},{"sectionNumber":"168","sectionType":"section","heading":"Grounds for cancelling, suspending or varying dangerous","content":"168 Grounds for cancelling, suspending or varying dangerous\ngoods driver licence\n(1) A dangerous goods driver licence may be cancelled, suspended\nor varied if the application for the licence or an application for its\nrenewal:\n(2) A dangerous goods driver licence may be cancelled or varied if\nthe licensee is unsuitable to continue to be the driver of a road\nvehicle transporting dangerous goods because:\n(a) the licensee has contravened the Act, these Regulations or\na corresponding law; or\n(b) the licensee has been found guilty by a court in Australia of\nan offence; or\n(c) the licensee's driver licence is cancelled; or\n\nRegulations 2011 128\n(d) the licensee is suffering from a medical condition, or has a\nphysical or mental disability.\n","sortOrder":194},{"sectionNumber":"169","sectionType":"section","heading":"Dangerous goods driver licence to be carried","content":"169 Dangerous goods driver licence to be carried\n(a) the person holds a dangerous goods driver licence; and\n(b) the person is the driver of a road vehicle transporting:\n(c) the person is not carrying his or her dangerous goods\ndriver licence.\n","sortOrder":195},{"sectionNumber":"170","sectionType":"section","heading":"Definitions","content":"170 Definitions\napproved tank means:\n(a) a tank of a design approved under regulation 59; or\n(b) a tank that is foreign approved.\nbusiness transfer, for a vehicle, means a transfer of the title to\nthe vehicle as part of a transfer of ownership of the business in\nwhich the vehicle is used and is to continue to be used.\nlicensed vehicle means a vehicle for which a dangerous goods\nvehicle licence is in force.\nprime mover means a road vehicle that is designed to tow a\ntrailer but does not include a vehicle that has a load carrying\ncapacity in addition to a trailer.\n\nRegulations 2011 129\nvehicle does not include:\n(a) a prime mover; or\n(b) a converter dolly, as defined in the Australian Vehicles\nStandards Rules set out in Schedule 6 to the Motor\nVehicles (Standards) Regulations 2003.\n","sortOrder":196},{"sectionNumber":"171","sectionType":"section","heading":"Application for dangerous goods vehicle licence","content":"171 Application for dangerous goods vehicle licence\n(1) A person may apply to the licensing authority for a dangerous\ngoods vehicle licence for a road vehicle:\n(a) used, or intended to be used, to transport dangerous\n(b) for which there is not a dangerous goods vehicle licence in\nforce.\n(2) The application must include the following information:\n(a) the registration number, make and type of the road vehicle;\n(b) the type of dangerous goods intended to be transported in\nor on the road vehicle;\n(c) if the applicant holds a dangerous goods vehicle licence for\nanother vehicle – the number of that licence.\n(3) The application must be accompanied by the prescribed fee.\n(4) A single application may be made for licences for 2 or more road\nvehicles.\n","sortOrder":197},{"sectionNumber":"172","sectionType":"section","heading":"Additional information and inspections","content":"172 Additional information and inspections\n(1) The licensing authority may, by written notice, require an\napplicant for the grant or renewal of a dangerous goods vehicle\nlicence for a vehicle:\n(a) to give to the authority, or a person nominated by the\nauthority, any additional information necessary for a proper\nconsideration of the application; and\n(b) to make the vehicle available for inspection by the\nauthority, or a person nominated by the authority, at a\nspecified place and time.\n\nRegulations 2011 130\n(2) A person who inspects a vehicle for the licensing authority must\ngive a report of the inspection to the authority as soon as\npracticable after the inspection.\n(3) The licensing authority must give a copy of any report of an\ninspection to the applicant if the applicant asks for it.\n","sortOrder":198},{"sectionNumber":"173","sectionType":"section","heading":"Grant of dangerous goods vehicle licence","content":"173 Grant of dangerous goods vehicle licence\n(1) The licensing authority must grant a dangerous goods vehicle\nlicence for a road vehicle if:\n(a) an application is made in accordance with regulation 171;\nand\n(b) the applicant has complied with any requirement made\nunder regulation 172; and\n(c) the road vehicle is suitable to transport each type of\ndangerous goods intended to be transported in or on the\nroad vehicle.\n(2) Without limiting subregulation (1)(c), if a road vehicle is intended\nfor use in the transport of dangerous goods in the form of a\nliquid or gas using a tank that will form part of the vehicle or be\nattached to it, the vehicle is suitable only if:\n(a) the tank is an approved tank; and\n(b) the vehicle complies with the requirements of Chapters 4.4\nand 6.9 of the ADG Code applying to road vehicles for use\nin transporting dangerous goods in the form of a liquid or\ngas.\n(3) However, the licensing authority must not grant the licence if the\napplicant is subject to a court order prohibiting the applicant from\ninvolvement in the transport of dangerous goods by road.\n(4) The licensing authority may grant a single dangerous goods\nvehicle licence for 2 or more road vehicles.\n(5) If the licensing authority refuses to grant a dangerous goods\nvehicle licence, the licensing authority must give the applicant\n","sortOrder":199},{"sectionNumber":"174","sectionType":"section","heading":"Application for renewal of dangerous goods vehicle licence","content":"174 Application for renewal of dangerous goods vehicle licence\n(1) A person who holds a dangerous goods vehicle licence for a\nroad vehicle may apply to the licensing authority for the renewal\nof the licence.\n\nRegulations 2011 131\n(2) The application must:\n(a) include the information required under regulation 171(2) for\nan application for the grant of a dangerous goods vehicle\nlicence for the road vehicle; and\n(b) be accompanied by the prescribed fee.\n","sortOrder":200},{"sectionNumber":"175","sectionType":"section","heading":"Renewal of dangerous goods vehicle licence","content":"175 Renewal of dangerous goods vehicle licence\n(1) The licensing authority must renew a dangerous goods vehicle\nlicence for a road vehicle if:\n(a) an application is made in accordance with regulation 174;\nand\n(b) the applicant has complied with any requirement made\nunder regulation 172; and\n(c) the road vehicle is suitable to transport each type of\ndangerous goods intended to be transported in or on the\nroad vehicle.\n(2) Without limiting subregulation (1)(c), if a road vehicle is intended\nfor use in the transport of dangerous goods in the form of a\nliquid or gas using a tank that will form part of the vehicle or be\nattached to it, the vehicle is suitable only if:\n(a) the tank is an approved tank; and\n(b) the vehicle complies with the requirements of Chapters 4.4\nand 6.9 of the ADG Code applying to road vehicles for use\nin transporting dangerous goods in the form of a liquid or\ngas.\n(3) However, the licensing authority must not renew the licence if\nthe applicant is subject to a court order prohibiting the applicant\nfrom involvement in the transport of dangerous goods by road.\n(4) The licensing authority may do either or both of the following:\n(a) renew the licence for some but not all of the vehicles to\nwhich it relates;\n(b) add other vehicles to the renewed licence.\n(5) If the licensing authority refuses to renew a dangerous goods\nvehicle licence, the licensing authority must give the applicant\n\nRegulations 2011 132\n","sortOrder":201},{"sectionNumber":"176","sectionType":"section","heading":"Duration of dangerous goods vehicle licence","content":"176 Duration of dangerous goods vehicle licence\n(1) A dangerous goods vehicle licence is granted for the period\nspecified in the licence, being a period not longer than 5 years.\n(2) A dangerous goods vehicle licence takes effect on the day when\nthe licence is granted or a later day specified in the licence.\n(3) A dangerous goods vehicle licence is renewed for the period\nspecified in the renewed licence, being a period not longer than\n5 years.\n","sortOrder":202},{"sectionNumber":"177","sectionType":"section","heading":"Conditions on dangerous goods vehicle licence","content":"177 Conditions on dangerous goods vehicle licence\n(1) The licensing authority may grant or renew a dangerous goods\nvehicle licence subject to conditions mentioned in\nsubregulations (3) and (4).\n(2) A condition to which the licence is subject must be stated in the\n(3) The licence may be subject to conditions about one or more of\n(a) the dangerous goods that may or may not be transported in\nor on the vehicle;\n(b) the areas where the vehicle may or may not be used to\ntransport dangerous goods or particular dangerous goods;\n(c) the inspections of the vehicle (if any) that are required.\n(4) The licence may be subject to any other condition necessary for\nthe safe transport of dangerous goods by road.\n","sortOrder":203},{"sectionNumber":"178","sectionType":"section","heading":"Grounds for cancelling, suspending or varying dangerous","content":"178 Grounds for cancelling, suspending or varying dangerous\ngoods vehicle licence\n(1) A dangerous goods vehicle licence may be cancelled,\nsuspended or varied if the application for the licence or an\napplication for its renewal:\n(2) A dangerous goods vehicle licence for a road vehicle may be\ncancelled, suspended or varied if the road vehicle does not\ncomply with the Act or these Regulations.\n\nRegulations 2011 133\n","sortOrder":204},{"sectionNumber":"179","sectionType":"section","heading":"Disposal of licensed vehicle","content":"179 Disposal of licensed vehicle\n(1) Before transferring possession or otherwise disposing of a\nlicensed vehicle (otherwise than by way of a business transfer),\nthe licensee must:\n(a) attach the licence to the notice of the disposal required\nunder subregulation (2); or\n(b) destroy the licence and, if required by the licensing\nauthority, provide sufficient evidence to show that this has\nbeen done.\n(2) Within the 21 days after transferring possession or otherwise\ndisposing of the vehicle (otherwise than by way of a business\ntransfer), the licensee must give notice of the transfer or disposal\n(a notice of disposal) to the licensing authority.\n(3) If the dangerous goods vehicle licence for the vehicle also\nrelates to another vehicle, the licensee must attach the licence to\nthe notice of the disposal.\n(4) If the dangerous goods vehicle licence for the vehicle does not\nrelate to another vehicle, the licensee must:\n(a) attach the licence to the notice of the disposal; or\n(b) destroy the licence and, if required by the licensing\nauthority, provide sufficient evidence to show that this has\nbeen done.\n(5) On receiving notice of the disposal of a vehicle, the licensing\nauthority must:\n(a) if the licence also relates to another vehicle:\n(i) amend the licence by omitting reference to the\nvehicle being disposed of; and\n(ii) return the licence to the licensee; or\n(b) otherwise – cancel the licence.\n\nRegulations 2011 134\n(6) An offence against subregulations (1) to (4) is an offence of strict\n","sortOrder":205},{"sectionNumber":"180","sectionType":"section","heading":"Transfer of licensed vehicle by business transfer","content":"180 Transfer of licensed vehicle by business transfer\n(1) Within the 21 days after the transfer of a licensed vehicle by way\nof a business transfer, the person to whom the vehicle has been\ntransferred (the transferee) must apply to the licensing authority\nfor the transfer of the dangerous goods vehicle licence for the\nvehicle to the transferee.\n(3) An application under subregulation (1) must be accompanied by\nthe licence and the prescribed fee.\n(4) On receipt of the application under subregulation (1), the\nlicensing authority must:\n(a) if the dangerous goods vehicle licence relates only to the\nvehicle or vehicles that have been transferred to the\ntransferee:\n(i) amend the licence by making the transferee the\nlicence holder; and\n(ii) return the licence to the transferee; or\n(b) if the dangerous goods vehicle licence also relates to other\nvehicles:\n(i) amend the licence by omitting reference to the\ntransferred vehicle or vehicles and return it to the\nlicensee; and\n(ii) grant to the transferee a dangerous goods vehicle\nlicence for the transferred vehicle or vehicles.\n(5) Subregulation (4) does not apply if the transferee is ineligible to\nhold a dangerous goods vehicle licence.\n\nRegulations 2011 135\n","sortOrder":206},{"sectionNumber":"181","sectionType":"section","heading":"Replacement licence","content":"181 Replacement licence\n(1) The licensing authority may issue a replacement licence to a\nlicensee if:\n(a) the licence is renewed; or\n(b) the licence is varied; or\n(c) a period of suspension of the licence ends or a suspension\nis withdrawn.\n(2) The licensing authority must issue a replacement licence to a\nlicensee if satisfied that the licence has been defaced,\ndestroyed, lost or stolen.\n","sortOrder":207},{"sectionNumber":"182","sectionType":"section","heading":"Failure to comply with licence conditions","content":"182 Failure to comply with licence conditions\n(b) the person fails to comply with a condition of the licence.\n","sortOrder":208},{"sectionNumber":"183","sectionType":"section","heading":"Surrender of licence","content":"183 Surrender of licence\n(1) A licensee may surrender his or her licence by giving notice of\nsurrender to the licensing authority and returning the licence to\nthe authority.\n(2) A licence ceases to have effect on its surrender.\n","sortOrder":209},{"sectionNumber":"184","sectionType":"section","heading":"Registers of licences","content":"184 Registers of licences\n(1) The licensing authority must keep a register of dangerous goods\ndriver licences.\n(2) The licensing authority must keep a register of dangerous goods\nvehicle licences.\n(3) A register may have separate divisions for different kinds of\nlicences.\n\nRegulations 2011 136\n(4) The licensing authority must record the grant of each licence in\nthe appropriate register.\n(5) The licensing authority must note in the register the renewal,\ncancellation, surrender, suspension or variation of a licence.\n","sortOrder":210},{"sectionNumber":"185","sectionType":"section","heading":"Records of licences","content":"185 Records of licences\nThe record of a licence in a register must include the following\ninformation:\n(a) the name of the licensee;\n(b) the date when the licence was granted and the date of\neach renewal;\n(i) the period for which the licence was granted or\nrenewed; or\n(ii) the expiry date of the licence;\n(d) for a dangerous goods driver licence – the licensee's date\nof birth;\n(e) for a dangerous goods vehicle licence – the registration\nnumber, make and type of each road vehicle to which the\nlicence relates;\n(f) the classes of dangerous goods for which the licence is\nvalid;\n(g) any conditions to which the licence is subject.\n","sortOrder":211},{"sectionNumber":"186","sectionType":"section","heading":"Change of information given in licence application","content":"186 Change of information given in licence application\n(b) the person becomes aware that information given by the\nperson to the licensing authority in, or in relation to, an\napplication for the grant or renewal of the licence is or has\nbecome incorrect in a material respect; and\n(c) the person fails, within 14 days after becoming aware of\nthe matter, to:\n(i) inform the licensing authority about the matter; and\n\nRegulations 2011 137\n(ii) give the correct information to the licensing authority.\n","sortOrder":212},{"sectionNumber":"187","sectionType":"section","heading":"Production of licences to licensing authority","content":"187 Production of licences to licensing authority\n(b) the licensing authority, by written notice, requires the\nperson to produce his or her licence to the licensing\nauthority; and\n(c) the person fails to produce the licence within 14 days after\nthe day when the notice is given to the person.\n","sortOrder":213},{"sectionNumber":"188","sectionType":"section","heading":"Return of licence","content":"188 Return of licence\n(1) This regulation applies if a licence is produced to the licensing\nauthority or given to the authority by an authorised officer.\n(2) If the licence has not been cancelled or varied, and is not\nsuspended, the licensing authority must return the licence to the\nlicensee after inspecting it.\n(3) If the licence has been suspended, the suspension has ended\nand a replacement licence is not issued, the licensing authority\nmust return the licence to the licensee.\n(4) If the licence has been varied, the variation is recorded on the\nlicence and a replacement licence is not issued, the licensing\nauthority must return the licence to the licensee.\n(5) However, if the licence has expired, the licensing authority is not\nrequired to return the licence to the licensee.\n\nRegulations 2011 138\n","sortOrder":214},{"sectionNumber":"189","sectionType":"section","heading":"Cancellation, suspension and variation in dangerous","content":"189 Cancellation, suspension and variation in dangerous\nsituations\nThe licensing authority must cancel, suspend or vary a licence if\nthe licensing authority reasonably believes that:\n(a) a ground exists to cancel, suspend or vary the licence; and\n(b) it is necessary to do so to avoid, eliminate or minimise a\ndangerous situation.\n","sortOrder":215},{"sectionNumber":"190","sectionType":"section","heading":"Cancellation and suspension giving effect to court orders","content":"190 Cancellation and suspension giving effect to court orders\nThe licensing authority must cancel or suspend a licence if the\nlicensee is prohibited by a court order from involvement in the\ntransport of dangerous goods by road.\n","sortOrder":216},{"sectionNumber":"191","sectionType":"section","heading":"Variation of licence on application","content":"191 Variation of licence on application\n(1) The licensing authority may vary a licence on the application of\nthe licensee.\n(2) An application under subregulation (1) must be accompanied by\nthe licence.\n","sortOrder":217},{"sectionNumber":"192","sectionType":"section","heading":"Cancellation, suspension and variation in other","content":"192 Cancellation, suspension and variation in other\ncircumstances\n(a) the licensing authority considers that a ground exists to\ncancel, suspend or vary a licence (the proposed action);\nand\n(b) regulations 189, 190 and 191 do not apply.\n(2) The licensing authority must give to the licensee a written notice\n(a) states what the proposed action is; and\n(b) if the proposed action is to suspend the licence – states\nwhat the proposed suspension period is; and\n(c) if the proposed action is to vary the licence – sets out the\nproposed variation; and\n(d) sets out the ground for the proposed action; and\n\nRegulations 2011 139\n(e) outlines the facts and other circumstances forming the\nbasis for the ground; and\n(f) invites the licensee to state in writing, within a specified\ngiven to the licensee, why the proposed action should not\nbe taken.\nspecified period, the licensing authority reasonably believes that\na ground exists to take the proposed action, the licensing\nauthority may:\n(a) cancel or vary the licence; or\n(b) suspend the licence for a period not longer than 12 months\n(except if the suspension is to give effect to a court order\nspecifying a longer period of suspension).\n(4) The licensing authority may withdraw a suspension before the\nsuspension is due to expire if the licensing authority reasonably\nbelieves that it is appropriate to do so.\n","sortOrder":218},{"sectionNumber":"193","sectionType":"section","heading":"When cancellation, suspension or variation takes effect","content":"193 When cancellation, suspension or variation takes effect\nThe cancellation, suspension or variation of a licence by the\nlicensing authority takes effect on:\n(a) the day when the licensee is given written notice by the\nlicensing authority of the cancellation, suspension or\nvariation and of the reasons for it; or\n(b) a later day specified in the notice.\n","sortOrder":219},{"sectionNumber":"194","sectionType":"section","heading":"Effect of loss of driver licence","content":"194 Effect of loss of driver licence\n(1) A person's dangerous goods driver licence is taken to be\nsuspended if the person's driver licence has no effect.\n(2) A person's dangerous goods vehicle licence for a road vehicle is\ntaken to be suspended in relation to the road vehicle if the road\nvehicle is not registered.\n\nRegulations 2011 140\n","sortOrder":220},{"sectionNumber":"195","sectionType":"section","heading":"Determinations about goods and packaging","content":"195 Determinations about goods and packaging\nThe Competent Authority may determine any or all of the\n(a) that a substance or article is or is not dangerous goods;\n(b) that dangerous goods:\n(i) are or are not of a particular UN Class, UN Division or\nCategory; or\n(ii) are or are not of a particular Packing Group; or\n(iii) have a particular subsidiary hazard;\n(c) that goods are incompatible with particular dangerous\ngoods;\n(d) that a substance or article is goods too dangerous to be\ntransported;\n(e) that dangerous goods may be, or must not be, transported\nin or on the same cargo transport unit as other goods\n(whether dangerous goods or not);\n(f) that particular dangerous goods may be, or must not be,\ntransported in particular packaging despite any prohibition\nor authorisation in the Dangerous Goods List.\n","sortOrder":221},{"sectionNumber":"196","sectionType":"section","heading":"Determinations about vehicles, routes, areas and times","content":"196 Determinations about vehicles, routes, areas and times\nThe Competent Authority may determine any or all of the\n(a) that particular dangerous goods must or must not be\ntransported as follows:\n(i) in or on a particular vehicle or particular kind of\nvehicle;\n(ii) by a particular route;\n(iii) in or through a particular area;\n(iv) at a particular time or during a particular period;\n\nRegulations 2011 141\n(b) that particular dangerous goods must not be transported in\nquantities in excess of a particular amount;\n(c) that particular packaging must or must not be used in the\ntransport of particular dangerous goods.\n","sortOrder":222},{"sectionNumber":"197","sectionType":"section","heading":"Determination must be complied with","content":"197 Determination must be complied with\n(a) a determination prohibits or regulates the doing of a thing;\nand\n(b) the determination applies to the person; and\n(c) the person does the thing contrary to the determination.\nsubregulation (1) if the defendant proves that the defendant did\nnot know, and could not reasonably have been expected to\nknow, that the determination applied to the defendant.\n","sortOrder":223},{"sectionNumber":"198","sectionType":"section","heading":"Determinations may be subject to conditions","content":"198 Determinations may be subject to conditions\n(1) The Competent Authority may make a determination subject to\nany condition necessary for the safe transport of dangerous\n(a) a determination applies to the person; and\n(b) the person contravenes a condition of the determination.\nsubregulation (2) if the defendant proves that the defendant did\nnot know, and could not reasonably have been expected to\nknow, that the determination applied to the defendant.\n\nRegulations 2011 142\n","sortOrder":224},{"sectionNumber":"199","sectionType":"section","heading":"Register of determinations","content":"199 Register of determinations\n(1) The Competent Authority must keep a register of determinations.\ndeterminations.\n(3) The Competent Authority must record in the register each\ndetermination that is not an administrative determination.\n(4) The Competent Authority must note in the register the revocation\nof any determination recorded in the register.\n","sortOrder":225},{"sectionNumber":"199A","sectionType":"section","heading":"Records of determinations","content":"199A Records of determinations\nThe register of determinations kept under regulation 199(1) must\ninclude, for each determination in the register:\n(a) the provisions of the determination, including any\nconditions; and\n(i) if the determination was notified in the Gazette – the\ntitle of the notification and the date on which the\nGazette was published;\n(ii) the goods, dangerous goods, packaging, vehicle,\ntransport routes, areas or times the determination\napplies to;\n(iii) the date of the determination;\n(vi) the provisions of these Regulations and of the ADG\nCode to which the determination relates.\n","sortOrder":226},{"sectionNumber":"200","sectionType":"section","heading":"Determination contrary to regulations","content":"200 Determination contrary to regulations\nIf a provision of these Regulations imposes an obligation on a\nperson, and the person is authorised or permitted to act contrary\nto that obligation by a determination made under this Part, the\nprovision has effect as if it stated that the person could fulfil the\nobligation by acting in accordance with the determination.\n\nRegulations 2011 143\n","sortOrder":227},{"sectionNumber":"201","sectionType":"section","heading":"Applications for exemptions","content":"201 Applications for exemptions\n(1) An application for an exemption must:\n(a) be made in writing to the Competent Authority; and\n(b) be signed and dated by or for the applicant; and\n(c) be accompanied by the prescribed fee; and\n(d) contain the following information:\n(i) the applicant's name and address;\n(ii) the name of the person for whom, or a description of\nthe class of persons for which, the exemption is\nsought;\n(iii) the provisions of these Regulations from which\nexemption is sought and any relevant provisions of\nthe ADG Code;\n(iv) the dangerous goods for which the exemption is\nsought;\n(v) if the exemption is to relate to a vehicle, equipment,\npackaging or other thing – a description of the thing;\n(vi) the period for which the exemption is sought;\n(vii) the geographical area within which the exemption is\nto have effect;\n(viii) a statement of the applicant's opinion as to:\n(A) why compliance with the provisions mentioned\nin subparagraph (iii) is not reasonably\npracticable; and\n(B) why granting the exemption would be unlikely to\ncreate risk greater than that which would be the\ncase if compliance with those provisions was\nrequired.\n\nRegulations 2011 144\n(2) An applicant must give to the Competent Authority any\nadditional information necessary for a proper consideration of\nthe application that the Competent Authority request in writing.\n","sortOrder":228},{"sectionNumber":"202","sectionType":"section","heading":"Register of exemptions","content":"202 Register of exemptions\n(1) The Competent Authority must keep a register of exemptions.\nexemptions.\n(3) The Competent Authority must record in the register each\nexemption granted by the Competent Authority.\n(4) The Competent Authority must note in the register the\ncancellation or variation of an exemption.\n","sortOrder":229},{"sectionNumber":"202A","sectionType":"section","heading":"Records of exemptions","content":"202A Records of exemptions\nThe register of exemptions kept under regulation 202(1) must\ninclude, for each exemption in the register:\n(a) the terms of the exemption, including any conditions; and\n(i) if the exemption was notified in the Gazette – the title\nof the notification and the date on which the Gazette\nwas published;\n(ii) the name of the person to whom, or a description of\nthe class of persons to which, the exemption applies;\n(iii) the date when the exemption was given;\n(vi) the provisions of these Regulations or the ADG Code\nfrom which the exemption exempts a person;\n(v) the period for which the exemption has effect;\n(vi) the dangerous goods, equipment, packaging, vehicle\nor other thing to which the exemption relates.\n","sortOrder":230},{"sectionNumber":"203","sectionType":"section","heading":"Referral to CAP","content":"203 Referral to CAP\n(1) The Competent Authority must refer to the CAP an application\nfor an exemption or an exemption granted by the Competent\nAuthority if the Competent Authority considers the exemption\n\nRegulations 2011 145\nshould have effect in all participating jurisdictions or participating\njurisdictions including the Territory.\n(2) The Competent Authority must refer to the CAP an exemption\nhaving effect in the Territory and one or more other participating\njurisdictions if:\n(a) the Competent Authority considers the exemption should\nbe cancelled or varied; or\nAuthority in writing that the exemption should be cancelled\nor varied.\n","sortOrder":231},{"sectionNumber":"204","sectionType":"section","heading":"Effect of CAP decision about applications","content":"204 Effect of CAP decision about applications\n(a) an application for an exemption or an exemption granted\nby the Competent Authority is referred to the CAP under\nregulation 203(1); and\n(b) the CAP decides:\n(i) the exemption should be granted, what the terms of\nthe exemption should be, and that the exemption\nshould have effect in all participating jurisdictions or\n(ii) the exemption should not be granted or should not\nhave effect in the Territory.\n","sortOrder":232},{"sectionNumber":"205","sectionType":"section","heading":"Effect of CAP decision about cancellation or variation","content":"205 Effect of CAP decision about cancellation or variation\n(a) an exemption is referred to the CAP under\nregulation 203(2); and\n(b) the CAP decides the exemption:\n(i) should, or should not, be cancelled; or\n(ii) should be varied (whether as proposed by the\nCompetent Authority or differently) and should have\neffect as varied in all participating jurisdictions or\n\nRegulations 2011 146\n(iii) should not be varied.\n","sortOrder":233},{"sectionNumber":"Part 18","sectionType":"part","heading":"Administrative determinations and","content":"Part 18 Administrative determinations and\n","sortOrder":234},{"sectionNumber":"206","sectionType":"section","heading":"Meaning of holder","content":"206 Meaning of holder\nholder means:\n(a) for an administrative determination – the person to whom\nthe determination applies; or\n(b) for an approval – the person to whom the approval was\ngranted.\n","sortOrder":235},{"sectionNumber":"206A","sectionType":"section","heading":"Administrative determinations","content":"206A Administrative determinations\nThe Competent Authority may make a determination that applies\nto one or more persons named in the administrative\ndetermination:\n(a) on application made under regulation 207; or\n(b) on the Competent Authority's own initiative under\nregulation 207A.\n","sortOrder":236},{"sectionNumber":"207","sectionType":"section","heading":"Applications for administrative determination or approval","content":"207 Applications for administrative determination or approval\n(1) An application for, or for the variation of, an administrative\ndetermination or approval must:\n(a) be made in writing to the Competent Authority; and\n(b) be accompanied by the prescribed fee.\n(2) An application for the variation of an administrative\ndetermination or approval must be accompanied by the\ndetermination or approval.\n\nRegulations 2011 147\n(3) An applicant must give to the Competent Authority any\nadditional information necessary for a proper consideration of\nthe application that the Competent Authority requests in writing.\n(4) The Competent Authority may decide to approve or refuse to\napprove an application made under this regulation.\n","sortOrder":237},{"sectionNumber":"207A","sectionType":"section","heading":"Administrative determination on initiative of Competent","content":"207A Administrative determination on initiative of Competent\nAuthority\n(1) The Competent Authority may, on its own initiative, make an\nadministrative determination in relation to a person in\naccordance with this regulation.\n(2) Before the Competent Authority makes the administrative\ndetermination, the Competent Authority must give the person a\nnotice that:\n(a) sets out the proposed determination; and\n(b) sets out the reasons for proposing to make the\ndetermination; and\n(c) outlines the facts and other circumstances forming the\nbasis for those reasons; and\n(d) invites the person to state in writing, within a specified\ngiven, why the determination should not be made.\nspecified period, the Competent Authority reasonably believes\nthat the determination should be made, the Competent Authority\nmay make the determination.\n(4) An administrative determination under this regulation may only\nimpose a condition on a determination that is:\n(a) directly related to the determination; and\n(b) reasonably required to give effect to the determination.\n","sortOrder":238},{"sectionNumber":"208","sectionType":"section","heading":"Form of administrative determination or approval","content":"208 Form of administrative determination or approval\n(1) An administrative determination, or an approval granted on\napplication, must be in writing and must specify the name of the\nholder.\n(2) Any conditions to which the administrative determination or\napproval is subject must be specified in it.\n\nRegulations 2011 148\n","sortOrder":239},{"sectionNumber":"209","sectionType":"section","heading":"Period of administrative determination or approval","content":"209 Period of administrative determination or approval\nAn administrative determination or approval has effect for the\nperiod specified in it.\n","sortOrder":240},{"sectionNumber":"210","sectionType":"section","heading":"Notice and reasons for refusal of applications","content":"210 Notice and reasons for refusal of applications\n(1) This regulation applies if the Competent Authority refuses an\napplication for, or for the variation of, an administrative\ndetermination or approval.\n(2) The Competent Authority must give the applicant written notice\nof the refusal and of the reasons for it.\n","sortOrder":241},{"sectionNumber":"211","sectionType":"section","heading":"When administrative determinations and approvals not to","content":"211 When administrative determinations and approvals not to\nbe made etc.\nThe Competent Authority must not make an administrative\ndetermination on the application of, or give an approval under\nthese Regulations to, a person who is prohibited by a court order\nfrom involvement in the transport of dangerous goods.\n","sortOrder":242},{"sectionNumber":"212","sectionType":"section","heading":"Replacement administrative determination or approval","content":"212 Replacement administrative determination or approval\n(a) an administrative determination or approval is varied; or\n(b) the Competent Authority is satisfied an administrative\ndetermination or approval has been defaced, destroyed,\nlost or stolen.\n(2) The Competent Authority must give the holder a replacement\nadministrative determination or approval.\n","sortOrder":243},{"sectionNumber":"213","sectionType":"section","heading":"Register of approvals","content":"213 Register of approvals\n(1) The Competent Authority must keep a register of approvals.\napprovals.\n(3) The Competent Authority must record in the register:\n(a) each approval granted by the Competent Authority under\nthese Regulations; and\n(b) each corresponding approval.\n\nRegulations 2011 149\n(4) The Competent Authority must note in the register:\n(a) any cancellation or variation of an approval; and\n(b) any decision of the CAP reversing a decision that a\ncorresponding approval should have effect in all\nparticipating jurisdictions including the Territory.\n","sortOrder":244},{"sectionNumber":"213A","sectionType":"section","heading":"Records of approvals","content":"213A Records of approvals\nThe register of approvals kept under regulation 213(1) must\ninclude, for each approval in the register:\n(a) the terms of the approval, including any conditions; and\n(i) the name of the person to whom the approval was\ngiven;\n(ii) the date when the approval was given;\n(iii) the provisions of these Regulations and of the ADG\nCode to which the approval relates;\n(iv) the period for which the approval has effect;\n(v) the dangerous goods, equipment, packaging, vehicle\nor other thing to which the approval relates.\n","sortOrder":245},{"sectionNumber":"214","sectionType":"section","heading":"Grounds for cancelling administrative determination or","content":"214 Grounds for cancelling administrative determination or\napproval\n(1) An administrative determination made on application or approval\nmay be cancelled if the application for it:\n(2) An administrative determination or approval may be cancelled if:\n(a) a relevant change has occurred since the determination\nwas made or approval was granted; and\n(b) had the change occurred earlier the determination or\napproval would not have been made or granted.\n\nRegulations 2011 150\n(3) An administrative determination or approval may be cancelled if\nthe holder is unsuitable to continue to hold the determination or\napproval because the person has contravened the Act, these\nRegulations or a corresponding law.\nrelevant change means a change about something that the\nCompetent Authority may or must consider in deciding whether\nto make the determination or grant the approval.\n","sortOrder":246},{"sectionNumber":"215","sectionType":"section","heading":"Grounds for varying administrative determinations and","content":"215 Grounds for varying administrative determinations and\n(1) An administrative determination made on application or approval\nmay be varied if the application for it:\n(2) An administrative determination or approval may be varied if:\n(a) a relevant change has occurred since the determination\nwas made or approval was granted; and\n(b) had the change occurred earlier, the determination or\napproval would have been made or granted in the way in\nwhich it is proposed to be varied.\n(3) An administrative determination or approval may be varied if the\nholder is unsuitable to continue to hold the determination or\napproval without variation because the person has contravened\nthe Act, these Regulations or a corresponding law.\n(3A) In the case of an administrative determination that applies to\nmore than 1 person – the Competent Authority may vary the\ndetermination by removing the name of a holder who is\nunsuitable in the manner described in subregulation (3), even if\nthat person originally applied for the determination.\nrelevant change means a change about something that the\nCompetent Authority may or must consider in deciding whether\nto make the determination or grant the approval.\n\nRegulations 2011 151\n","sortOrder":247},{"sectionNumber":"216","sectionType":"section","heading":"Cancellation and variation in dangerous situations","content":"216 Cancellation and variation in dangerous situations\nThe Competent Authority must cancel or vary an administrative\ndetermination or an approval if the Competent Authority\nreasonably believes that:\n(a) a ground exists to cancel or vary the administrative\ndetermination or approval; and\n(b) it is necessary to do so to avoid, eliminate or minimise a\ndangerous situation.\n","sortOrder":248},{"sectionNumber":"217","sectionType":"section","heading":"Cancellation giving effect to court orders","content":"217 Cancellation giving effect to court orders\n(1) The Competent Authority must cancel an administrative\ndetermination or an approval if the person to whom the\ndetermination or approval applies is prohibited by a court order\nfrom involvement in the transport of dangerous goods.\n(2) If an approval applies to more than one person,\nsubregulation (1) only requires the Competent Authority to\nensure that the approval no longer applies to the person who is\nthe subject of the prohibition.\n","sortOrder":249},{"sectionNumber":"218","sectionType":"section","heading":"Variation on application","content":"218 Variation on application\nThe Competent Authority may vary an administrative\ndetermination or approval on the application of the holder.\n","sortOrder":250},{"sectionNumber":"219","sectionType":"section","heading":"Cancellation and variation in other circumstances","content":"219 Cancellation and variation in other circumstances\n(a) the Competent Authority considers that a ground exists to\ncancel or vary an administrative determination or approval\n(the proposed action); and\n(b) regulations 216, 217 and 218 do not apply.\n(2) The Competent Authority must give to the holder a written notice\n(a) states what the proposed action is; and\n(b) if the proposed action is to vary the determination or\napproval – sets out the proposed variation; and\n(c) sets out the ground for the proposed action; and\n(d) outlines the facts and other circumstances forming the\nbasis for the ground; and\n\nRegulations 2011 152\n(e) invites the holder to state in writing, within a specified\ngiven, why the proposed action should not be taken.\nspecified period, the Competent Authority reasonably believes\nthat a ground exists to take the proposed action, the Competent\nAuthority may cancel or vary the determination or approval.\n","sortOrder":251},{"sectionNumber":"220","sectionType":"section","heading":"When cancellation or variation take effect","content":"220 When cancellation or variation take effect\nThe cancellation or variation of an administrative determination\nor approval by the Competent Authority takes effect on:\n(a) the day when the holder is given written notice by the\nCompetent Authority of the cancellation or variation and of\nthe reasons for it; or\n(b) a later day specified in the notice.\n","sortOrder":252},{"sectionNumber":"221","sectionType":"section","heading":"Referral to CAP","content":"221 Referral to CAP\n(1) The Competent Authority must refer to the CAP an application\nfor an approval, or an approval that is granted by the Competent\nAuthority, if the Competent Authority considers the approval\nshould have effect in all participating jurisdictions or participating\njurisdictions including the Territory.\n(2) The Competent Authority must refer to the CAP an approval\nhaving effect in the Territory and one or more other participating\njurisdictions if:\n(a) the Competent Authority considers that the approval should\nbe cancelled or varied; or\nAuthority in writing that the approval should be cancelled or\nvaried.\n","sortOrder":253},{"sectionNumber":"222","sectionType":"section","heading":"Effect of CAP decision about application","content":"222 Effect of CAP decision about application\n(a) an application for an approval, or an approval granted by\nthe Competent Authority, is referred to the CAP under\nregulation 221(1); and\n\nRegulations 2011 153\n(b) the CAP decides:\n(i) the approval should be granted, what the terms of the\napproval should be, and that the approval should\nhave effect in all participating jurisdictions or\n(ii) the approval should not be granted or should not\nhave effect in the Territory.\n","sortOrder":254},{"sectionNumber":"223","sectionType":"section","heading":"Effect of CAP decision about cancellation or variation","content":"223 Effect of CAP decision about cancellation or variation\n(a) an approval is referred to the CAP under regulation 221(2);\nand\n(b) the CAP decides the approval:\n(i) should, or should not, be cancelled; or\n(ii) should be varied (whether as proposed by the\nCompetent Authority or differently) and should have\neffect as varied in all participating jurisdictions or\n(iii) should not be varied.\n(2) The Competent Authority must have regard to CAP's decision.\n","sortOrder":255},{"sectionNumber":"223A","sectionType":"section","heading":"Referral to CAP","content":"223A Referral to CAP\n(1) The Competent Authority must refer to the CAP an\nadministrative determination or an application for an\nadministrative determination, if the Competent Authority\nconsiders the administrative determination should have effect in\nincluding the Territory.\n\nRegulations 2011 154\n(2) The Competent Authority must refer to the CAP an\nadministrative determination having effect in the Territory and\none or more other participating jurisdictions if:\n(a) the Competent Authority considers that the administrative\ndetermination should be cancelled or varied; or\nAuthority in writing that the administrative determination\nshould be cancelled or varied.\n","sortOrder":256},{"sectionNumber":"223B","sectionType":"section","heading":"Effect of CAP decision about administrative determination","content":"223B Effect of CAP decision about administrative determination\nIf the Competent Authority refers an administrative determination\nor an application for an administrative determination to the CAP\nunder regulation 223A(1), the Competent Authority must have\nregard to any decision of the CAP that:\n(a) the administrative determination should be granted, what\nthe terms of the administrative determination should be and\nthat the administrative determination should have effect in\nincluding the Territory; or\n(b) the administrative determination should not be granted or\nshould not have effect in the Territory.\n","sortOrder":257},{"sectionNumber":"223C","sectionType":"section","heading":"Effect of CAP decision about cancellation or variation","content":"223C Effect of CAP decision about cancellation or variation\nIf the Competent Authority refers an administrative determination\nto the CAP under regulation 223A(2), the Competent Authority\nmust have regard to any decision of the CAP that the\nadministrative determination:\n(a) should, or should not, be cancelled; or\n(b) should be varied (whether as proposed by the Competent\nAuthority or differently) and should have effect as varied in\nincluding the Territory; or\n(c) should not be varied.\n\nDivision 1 Mutual recognition of determinations, exemptions, approvals and licences\nRegulations 2011 155\nDivision 1 Mutual recognition of determinations,\nexemptions, approvals and licences\n224 Corresponding determinations\n(1) This regulation applies to a determination made by the\n(a) the determination is made under a provision of a\ncorresponding law that corresponds to regulation 195\nor 196 (the relevant NT provision); and\n(b) the determination has effect in the other jurisdiction; and\n(i) the CAP:\n(A) has decided that the determination should have\neffect in all participating jurisdictions or\nparticipating jurisdictions including the Territory;\nand\n(B) has not reversed the decision; or\n(ii) the determination is an administrative determination.\n(2) The determination has effect in the Territory as if it were a\ndetermination made by the Competent Authority under the\nrelevant NT provision.\n","sortOrder":258},{"sectionNumber":"225","sectionType":"section","heading":"Corresponding exemptions","content":"225 Corresponding exemptions\n(1) This regulation applies to an exemption granted by the\n(a) the exemption is an exemption from a provision of a\ncorresponding law that corresponds to a provision (the\nrelevant NT provision) of these Regulations; and\n(b) the exemption has effect in the other jurisdiction; and\n(c) the CAP:\n(i) has decided that the exemption should have effect in\nall participating jurisdictions or participating\njurisdictions including the Territory; and\n\n","sortOrder":259},{"sectionNumber":"Div 1","sectionType":"division","heading":"Mutual recognition of determinations, exemptions, approvals and licences","content":"Division 1 Mutual recognition of determinations, exemptions, approvals and licences\nRegulations 2011 156\n(ii) has not reversed the decision.\n(2) The exemption has effect in the Territory as if it were an\nexemption granted by the Competent Authority from the relevant\nNT provision for 10 years after the day on which the CAP made\nits decision unless:\n(a) the decision is sooner reversed by the CAP; or\n(b) the exemption is sooner cancelled or varied by the\ncorresponding authority; or\n(c) the exemption sooner expires or otherwise ceases to have\neffect.\n","sortOrder":260},{"sectionNumber":"226","sectionType":"section","heading":"Corresponding approvals","content":"226 Corresponding approvals\n(1) This regulation applies to an approval granted by the\n(a) the approval is granted under a provision of a\ncorresponding law that corresponds to regulation 59, 63,\n101, 102, 126, 151 or 160 (the relevant NT provision);\nand\n(b) the approval has effect in the other jurisdiction; and\n(c) the CAP:\n(i) has decided that the approval should have effect in\nall participating jurisdictions or participating\njurisdictions including the Territory; and\n(ii) has not reversed the decision.\n(2) The approval has effect in the Territory as if it were an approval\ngranted by the Competent Authority under the relevant NT\n","sortOrder":261},{"sectionNumber":"227","sectionType":"section","heading":"Corresponding licences","content":"227 Corresponding licences\n(1) This regulation applies to a licence granted for the transport of\ndangerous goods by road in another participating jurisdiction if:\n(a) the licence is granted under a provision of a corresponding\nlaw that corresponds to regulation 162 or 173 (the relevant\nNT provision); and\n(b) the licence has effect in the other jurisdiction.\n\nDivision 2 Recommendations by Competent Authority and corresponding authorities\nRegulations 2011 157\nlicence has effect in the Territory as if it were a licence granted\nby the licensing authority under the relevant NT provision.\n","sortOrder":262},{"sectionNumber":"227A","sectionType":"section","heading":"Referral of determination, exemption or approval to CAP for","content":"227A Referral of determination, exemption or approval to CAP for\npurposes of mutual recognition\nThe Competent Authority may refer to the CAP any decision of a\ncorresponding authority that the Competent Authority considers\nshould be given effect in the Territory under regulation 224, 225\nor 226.\nDivision 2 Recommendations by Competent Authority and\ncorresponding authorities\n","sortOrder":263},{"sectionNumber":"228","sectionType":"section","heading":"Recommendations by Competent Authority","content":"228 Recommendations by Competent Authority\n(1) This regulation applies if the Competent Authority considers that\na ground exists for a corresponding authority to do any of the\nfollowing (the proposed action):\n(a) revoke or vary a corresponding determination that is not a\ncorresponding administrative determination;\n(b) cancel or vary a corresponding administrative\ndetermination;\n(c) cancel or vary a corresponding approval or exemption;\n(d) cancel, suspend or vary a corresponding dangerous goods\ndriver licence or corresponding dangerous goods vehicle\n(2) The Competent Authority may recommend, in writing, that the\ncorresponding authority take the proposed action.\n(3) The Competent Authority must provide written reasons to the\ncorresponding authority for the recommendation.\n(4) If the recommendation is about a determination (except an\nadministrative determination), approval or exemption that has\neffect in one or more other participating jurisdictions, the\nCompetent Authority must also refer the recommendation to the\nCAP.\n\nRegulations 2011 158\n","sortOrder":264},{"sectionNumber":"229","sectionType":"section","heading":"Recommendations by corresponding authorities","content":"229 Recommendations by corresponding authorities\n(1) This regulation applies if a corresponding authority recommends\nto the Competent Authority in writing that the Competent\nAuthority do any of the following:\n(a) revoke or vary a determination that is not an administrative\ndetermination;\n(b) cancel or vary an administrative determination;\n(c) cancel or vary an approval or exemption;\n(d) cancel, suspend or vary a dangerous goods driver licence\nor dangerous goods vehicle licence.\n(2) If the recommendation is about a determination (except an\nadministrative determination), approval or exemption that has\neffect in one or more other participating jurisdictions, the\nCompetent Authority need not take any action on the\nrecommendation until the CAP has considered the\nrecommendation.\n(3) In any other case the Competent Authority must have regard to\nthe recommendation.\n","sortOrder":265},{"sectionNumber":"230","sectionType":"section","heading":"Definitions","content":"230 Definitions\ninfringement notice, see regulation 232.\ninfringement notice offence, see regulation 231(1).\nprescribed amount, see regulation 231(2).\n","sortOrder":266},{"sectionNumber":"231","sectionType":"section","heading":"Infringement notice offence and prescribed amount payable","content":"231 Infringement notice offence and prescribed amount payable\n(1) An infringement notice offence is an offence against a\nprovision of the Act or these Regulations specified in\nSchedule 2.\n(2) The prescribed amount payable for an infringement notice\noffence is the amount specified opposite the offence in\nSchedule 2.\n\nRegulations 2011 159\n","sortOrder":267},{"sectionNumber":"232","sectionType":"section","heading":"When infringement notice may be given","content":"232 When infringement notice may be given\nIf an authorised officer reasonably believes a person has\ncommitted an infringement notice offence, the authorised officer\nmay give a notice (an infringement notice) to the person.\n","sortOrder":268},{"sectionNumber":"233","sectionType":"section","heading":"Contents of infringement notice","content":"233 Contents of infringement notice\n(1) The infringement notice must specify the following:\n(a) the name and address of the person, if known;\n(b) the date the infringement notice is given to the person;\n(c) the date, time and place of the infringement notice offence;\n(d) a description of the offence;\n(e) the prescribed amount payable for the offence;\n(f) the enforcement agency, as defined in the Fines and\nPenalties (Recovery) Act 2011, to whom the prescribed\namount is payable.\n(2) The infringement notice must include a statement to the effect of\n(a) the person may expiate the infringement notice offence and\navoid any further action in relation to the offence by paying\nthe prescribed amount to the specified enforcement agency\nwithin 28 days after the notice is given;\n(b) the person may elect under section 21 of the Fines and\nPenalties (Recovery) Act 2011 to have the matter dealt\nwith by a court instead of under that Act by completing a\nstatement of election and giving it to the specified\nenforcement agency;\n(c) if the person does nothing in response to the notice,\nenforcement action may be taken under the Fines and\nPenalties (Recovery) Act 2011, including (but not limited to)\naction for the following:\n(i) suspending the person's driver licence;\n(ii) seizing personal property of the person;\n(iii) deducting an amount from the person's wages or\nsalary;\n\nRegulations 2011 160\n(iv) registering a statutory charge on land owned by the\nperson;\n(v) making a community work order for the person and\nimprisonment of the person if the person breaches\nthe order.\n(3) Also, the infringement notice must include an appropriate form\nfor making the statement of election mentioned in\nsubregulation (2)(b).\n","sortOrder":269},{"sectionNumber":"234","sectionType":"section","heading":"Payment by cheque","content":"234 Payment by cheque\nIf the person tenders a cheque in payment of the prescribed\namount, the amount is not taken to have been paid unless the\ncheque is cleared on first presentation.\n","sortOrder":270},{"sectionNumber":"235","sectionType":"section","heading":"Withdrawal of infringement notice","content":"235 Withdrawal of infringement notice\n(1) The Competent Authority may withdraw an infringement notice\nby written notice given to the person.\n(2) The notice must be given:\n(a) within 28 days after the infringement notice is given to the\n(b) before payment of the prescribed amount.\n","sortOrder":271},{"sectionNumber":"236","sectionType":"section","heading":"Application of Part","content":"236 Application of Part\n(1) This Part does not prejudice or affect the start or continuation of\nproceedings for an infringement notice offence for which an\ninfringement notice has been given unless the offence is\nexpiated.\n(2) Also, this Part does not:\n(a) require an infringement notice to be given; or\n(b) affect the liability of a person to be prosecuted in a court for\nan offence for which an infringement notice has not been\ngiven; or\n(c) prevent more than one infringement notice for the same\noffence being given to a person.\n\nRegulations 2011 161\n(3) If more than one infringement notice for the same offence has\nbeen given to a person, the person may expiate the offence by\npaying the prescribed amount in accordance with any of the\nnotices.\n","sortOrder":272},{"sectionNumber":"237","sectionType":"section","heading":"Application of Part","content":"237 Application of Part\n(1) This Part applies to the following decisions of the Competent\nAuthority:\n(a) a decision under Part 3 of the Act to:\n(i) refuse to grant an exemption; or\n(ii) cancel an exemption; or\n(iii) impose a new condition on an exemption; or\n(iv) vary or cancel a condition on an exemption;\n(b) a decision to grant or not to grant an approval:\n(i) under regulation 59 for a design for a packaging; or\n(ii) under regulation 63 for a method of preparing an\noverpack; or\n(iii) under regulation 101 for a design for a Type II\nsegregation device; or\n(iv) under regulation 102 for a method of segregation; or\n(v) under regulation 126 for emergency information; or\n(vi) under regulation 151 for the use of a vehicle without\nadequate insurance; or\n(vii) under regulation 160 for a test or training course;\n(c) a decision under regulation 195 or 196 to make or not to\nmake an administrative determination;\n(d) a decision under regulation 216, 218 or 219 to cancel or\nvary or refuse to vary an administrative determination or\napproval.\n\nRegulations 2011 162\n(2) This Part also applies to the following decisions of an authorised\nofficer:\n(a) a decision under section 86 of the Act to issue an\nimprovement notice;\n(b) a decision under section 88 of the Act to amend an\nimprovement notice;\n(c) a decision under section 93 of the Act to issue a prohibition\nnotice;\n(d) a decision under section 96 of the Act to amend a\nprohibition notice.\n(3) This Part also applies to the following decisions of the licensing\nauthority:\n(a) a decision to grant or refuse to grant:\n(i) under regulation 162, a dangerous goods driver\nlicence; or\n(ii) under regulation 173, a dangerous goods vehicle\nlicence;\n(b) a decision to renew or refuse to renew:\n(i) under regulation 164, a dangerous goods driver\nlicence; or\n(ii) under regulation 175, a dangerous goods vehicle\nlicence;\n(c) a decision under regulation 181 to issue or refuse to issue\na replacement licence;\n(d) a decision under regulation 189, 191 or 192 to cancel,\nsuspend, vary or refuse to vary a licence.\n(4) This Part also applies to the following decisions of an authorised\nbody (as defined in regulation 65(5)) exercising functions under\nregulations 64 and 65:\n(a) a decision to grant or not to grant an approval:\n(i) under regulation 59 for a design for a packaging; or\n(ii) under regulation 63 for a method of preparing an\noverpack;\n\nRegulations 2011 163\n(b) a decision under regulation 216, 218 or 219 to cancel or\nvary or refuse to vary an approval.\n","sortOrder":273},{"sectionNumber":"238","sectionType":"section","heading":"Who may apply for reconsideration of decisions","content":"238 Who may apply for reconsideration of decisions\nA person whose interests are affected by a decision may apply\nin writing to the Competent Authority for reconsideration of the\n","sortOrder":274},{"sectionNumber":"239","sectionType":"section","heading":"Applications for reconsideration","content":"239 Applications for reconsideration\n(1) An application must be made within:\n(a) 28 days after the day when the person was informed of the\ndecision by the decision maker; or\n(b) a longer period allowed by the Competent Authority, either\nbefore or after the end of the 28 days.\n(2) The application must set out the grounds on which\nreconsideration of the decision is sought.\n","sortOrder":275},{"sectionNumber":"240","sectionType":"section","heading":"Competent Authority to reconsider decisions","content":"240 Competent Authority to reconsider decisions\n(1) Within 28 days after receiving the application, the Competent\nAuthority must reconsider the decision, and confirm, revoke or\nvary the decision.\n(2) The Competent Authority must inform the applicant in writing of\nthe result of the reconsideration and of the reasons for the\nresult.\n","sortOrder":276},{"sectionNumber":"241","sectionType":"section","heading":"Review by NTCAT","content":"241 Review by NTCAT\n(1) NTCAT has jurisdiction to review a decision made under\nregulation 240.\n(2) A person whose interests are affected by a decision under\nregulation 240 may apply to NTCAT for review of the decision.\nNote for regulation 241\nThe Northern Territory Civil and Administrative Tribunal Act 2014 sets out the\nprocedure for applying to the Tribunal for review and other relevant matters in\nrelation to reviews.\n\nRegulations 2011 164\n","sortOrder":277},{"sectionNumber":"242","sectionType":"section","heading":"Persons involved in transport of dangerous goods to be","content":"242 Persons involved in transport of dangerous goods to be\nappropriately trained\n(a) the person is responsible for the management or control of\na transport task; and\n(b) the person employs, engages or permits someone else to\nperform the transport task; and\n(c) the other person:\n(i) has not received, or is not receiving, appropriate\ninstruction and training to ensure that he or she is\nable to perform the transport task safely and in\naccordance with these Regulations; or\n(ii) is not appropriately supervised in performing the\ntransport task to ensure that he or she is able to\nperform the transport task safely and in accordance\nwith these Regulations.\n(a) intentionally employs, engages or permits the other person\nto perform the transport task; and\n(b) is reckless as to the circumstance mentioned in\nsubregulation (1)(c).\n(a) the person manages, controls or supervises a transport\ntask; and\n\nRegulations 2011 165\n(b) the person has not received instruction and training to\nenable the person to manage, control or supervise another\nperson to perform the task safely and in compliance with\nthese Regulations.\n(a) intentionally manages, controls or supervises the transport\ntask; and\n(b) is reckless as to whether the person has received the\ninstruction and training.\ntransport task means any task involved in the transport of\ndangerous goods including the following:\n(a) packing dangerous goods;\n(b) consigning dangerous goods;\n(c) loading dangerous goods;\n(d) unloading dangerous goods;\n(da) handling fumigated cargo transport units;\n(e) marking packages;\n(f) placarding placard loads;\n(g) preparing transport documentation for dangerous goods;\n(h) maintaining vehicles and equipment used in the transport\nof dangerous goods;\n(i) driving a vehicle transporting dangerous goods;\n(j) being the consignee of dangerous goods;\n(k) following the appropriate procedures in accordance with\nthese Regulations in a dangerous situation.\n\nRegulations 2011 166\n","sortOrder":278},{"sectionNumber":"243","sectionType":"section","heading":"Goods suspected of being dangerous goods","content":"243 Goods suspected of being dangerous goods\n(1) If a person suspects, or reasonably ought to suspect, that goods\nare dangerous goods, the person must not consign or transport\nthem until:\n(a) the goods have been classified in accordance with the\nADG Code; or\n(b) a determination has been made under regulation 195(1)(a)\nin respect of the goods.\n(2) A person commits an offence if the person consigns or\ntransports goods in contravention of subregulation (1).\n(a) intentionally consigns or transports the goods; and\n(b) is reckless as to whether or not the event mentioned in\nsubregulation (1)(a) or (b) has occurred.\n","sortOrder":279},{"sectionNumber":"244","sectionType":"section","heading":"Application of Division","content":"244 Application of Division\nThis Division applies in relation to the following:\n(a) the register of dangerous goods driver licences under\nregulation 184(1);\n(b) the register of dangerous goods vehicle licences under\nregulation 184(2);\n(c) the register of determinations under regulation 199(1);\n(d) the register of exemptions under regulation 202(1);\n(e) the register of approvals under regulation 213(1).\n","sortOrder":280},{"sectionNumber":"245","sectionType":"section","heading":"Register may be kept electronically","content":"245 Register may be kept electronically\nA register may be kept electronically.\n\nRegulations 2011 167\n","sortOrder":281},{"sectionNumber":"246","sectionType":"section","heading":"Inspection of registers","content":"246 Inspection of registers\n(1) The Competent Authority must ensure that each register is\navailable for inspection by corresponding authorities and the\npublic.\n(2) The Competent Authority is taken to comply with subregulation\n(1) by ensuring that there is reasonable access to:\n(a) copies of information in a register; or\n(b) a computer terminal to inspect a register.\n","sortOrder":282},{"sectionNumber":"Part 23","sectionType":"part","heading":"Transitional matters for Transport of","content":"Part 23 Transitional matters for Transport of\n(National Uniform Legislation)\nRegulations 2011\n","sortOrder":283},{"sectionNumber":"247","sectionType":"section","heading":"Definitions","content":"247 Definitions\ncommencement means the commencement of these\nRegulations.\nrepealed NT law means:\n(a) the Dangerous Goods (Road and Rail Transport) Act 2003\nas in force before the commencement; or\n(b) any other TDG law of the Territory in force before the\ncommencement.\nTDG law means a law regulating the transport of dangerous\ngoods by road or rail.\n","sortOrder":284},{"sectionNumber":"248","sectionType":"section","heading":"Licences","content":"248 Licences\n(1) This regulation applies to a licence (however described) that:\n(a) was granted under the repealed NT law; and\n(b) was in force immediately before the commencement; and\n(c) is a licence of a kind that may be granted under\nregulation 162 or 173 (the new NT provision).\n\nRegulations 2011 168\n(2) The licence has effect as if it were a licence granted by the\nlicensing authority under the new NT provision.\n(3) The Competent Authority must record the licence in the relevant\nregister of licences kept under regulation 184.\n","sortOrder":285},{"sectionNumber":"249","sectionType":"section","heading":"Licence applications","content":"249 Licence applications\n(a) a person had, before the commencement, lodged an\napplication under regulation 18.10, 18.12, 18.19 or 18.22 of\nthe Dangerous Goods (Road and Rail Transport)\nRegulations 2004 (the repealed Regulations) for the grant\nor renewal of a licence; and\n(b) as at the commencement, the Competent Authority under\nthe repealed Regulations (the former authority) had not\ngranted, renewed or refused to grant or renew, the licence.\n(2) The former authority must deal with the application and grant,\nrenew or refuse to grant or renew, the licence in accordance with\nthe repealed Regulations as if they had not been repealed.\n(3) If the former authority grants or renews the licence, the licence is\ntaken to be a licence granted or renewed by the licensing\nauthority under regulation 162, 164, 173 or 175, as appropriate.\n(4) For Part 21, the decision of the former authority to grant, renew\nor refuse to grant or renew, the licence is taken to be a decision\nof a kind mentioned in regulation 237(3)(a) or (b), as\nappropriate.\n","sortOrder":286},{"sectionNumber":"250","sectionType":"section","heading":"Corresponding determinations","content":"250 Corresponding determinations\n(1) This regulation applies to a determination (however described)\n(a) was made under a TDG law of a State or another Territory;\nand\n(c) is a determination about something that may be\ndetermined under a provision of the corresponding law of\nthat State or Territory (the interstate provision) that\ncorresponds to regulation 195 or 196.\n\nRegulations 2011 169\ndetermination has effect in the Territory as if it were a\ndetermination made by the corresponding authority for that State\nor Territory under the interstate provision.\n","sortOrder":287},{"sectionNumber":"251","sectionType":"section","heading":"Corresponding exemptions","content":"251 Corresponding exemptions\n(1) This regulation applies to an exemption (however described)\n(c) is an exemption from compliance with a provision\nof the corresponding law of that State or Territory\n(the interstate provision) that corresponds to a provision\nof these Regulations.\nexemption has effect in the Territory as if it were an exemption\ngranted by the corresponding authority for that State or Territory\nfrom compliance with the interstate provision.\n","sortOrder":288},{"sectionNumber":"252","sectionType":"section","heading":"Corresponding approvals","content":"252 Corresponding approvals\n(1) This regulation applies to an approval (however described) that:\n(c) is an approval of something that may be approved under a\nprovision of the corresponding law of that State or Territory\n(the interstate provision) that corresponds to\nregulation 59, 63, 101, 102, 126, 151 or 160.\napproval has effect in the Territory as if it were an approval\ngranted by the corresponding authority for that State or Territory\nunder the interstate provision.\n\n","sortOrder":289},{"sectionNumber":"Part 24","sectionType":"part","heading":"Transitional matters for Transport of Dangerous Goods by Road and Rail","content":"Part 24 Transitional matters for Transport of Dangerous Goods by Road and Rail\nRegulations 2011 170\n","sortOrder":290},{"sectionNumber":"253","sectionType":"section","heading":"Corresponding licences","content":"253 Corresponding licences\n(1) This regulation applies to a licence (however described) that:\n(c) is a licence of a kind that may be granted under a provision\nof the corresponding law of that State or Territory (the\ninterstate provision) that corresponds to regulation 162\nor 173.\nlicence has effect in the Territory as if it were a licence granted\nby the corresponding authority for that State or Territory under\nthe interstate provision.\n","sortOrder":291},{"sectionNumber":"254","sectionType":"section","heading":"Expiry of continued exemption or approval","content":"254 Expiry of continued exemption or approval\nIf an exemption or approval to which this Part applies does not\nhave an expiry date, it expires on the fifth anniversary of the\ncommencement.\nPart 24 Transitional matters for Transport of\n","sortOrder":292},{"sectionNumber":"255","sectionType":"section","heading":"Definition","content":"255 Definition\namending Act means the Transport of Dangerous Goods by\nRoad and Rail Amendment Act 2022.\n","sortOrder":293},{"sectionNumber":"256","sectionType":"section","heading":"Evidence of fitness","content":"256 Evidence of fitness\n(1) A certificate issued by a medical practitioner under\nregulation 161(2) as in force immediately before the\ncommencement of section 57 of the amending Act (the\ncommencement) is taken to be a certificate issued under\nregulation 161(2) as in force after the commencement.\n(2) A certificate issued by a medical practitioner under\nregulation 167(1) as in force immediately before the\n\nPart 24 Transitional matters for Transport of Dangerous Goods by Road and Rail\nRegulations 2011 171\ncommencement of section 58 of the amending Act (the\ncommencement) is taken to be a certificate issued under\nregulation 167(1) as in force after the commencement.\n","sortOrder":294},{"sectionNumber":"257","sectionType":"section","heading":"Reviews of decisions","content":"257 Reviews of decisions\nAn application for a review of a decision that was made under\nregulation 241 before the commencement of section 75 of the\namending Act (the commencement) that was not determined\nbefore the commencement is to be determined under\nregulation 241 as in force before the commencement.\n\nRegulations 2011 172\nregulation 4, definition prescribed fee\nItem Matter Fee\n(revenue\nunits)\n1 Dangerous goods driver licence\n(a) application for grant (regulation 157)\n(b) application for renewal (regulation 163)\n2 Dangerous goods vehicle licence\n(a) application for grant (regulation 171)\n(b) application for renewal (regulation 174)\n(c) application for transfer after business transfer\n(regulation 180)\n3 Exemption – application for grant (regulation 201) 214\n4 Administrative determination\n(a) application for grant (regulation 207)\n(b) application for variation (regulation 207)\n5 Approval\n(a) application for grant (regulation 207)\n(b) application for variation (regulation 207)\n\nRegulations 2011 173\n","sortOrder":295},{"sectionNumber":"Sch 2","sectionType":"schedule","heading":"Infringement notice offences and prescribed","content":"Schedule 2 Infringement notice offences and prescribed\namounts\nregulation 231\nAct\nsection 25(1) 1\nsection 31(5) 12\nsection 32(2) 12\nsection 33(2) 12\nsection 34(3) 12\nsection 35(5) 12\nsection 40(3) 12\nsection 41(5) 12\nsection 44(2) 12\nsection 45(2) 12\nsection 46(2) 12\nsection 47(2) 12\nsection 50(3) 12\nsection 51(5) 12\nsection 56(4):\n(a) for direction under section 56(2) because\nof section 56(1)(a)\n(b) for direction under section 56(2) because\nof section 56(1)(b)\n(c) for direction under section 56(3)\nsection 57(4) 12\nsection 58(3) 12\nsection 59(3) 10\nsection 68(3) 12\nsection 80(7) 1\nsection 83(4) or (5) 16\n\nRegulations 2011 174\nRegulations\nregulation 44(1) or (3) 8\nregulation 51(1) 4\nregulation 56(1) 8\nregulation 57(1) 8\nregulation 67(1), (2) or (3):\n(a) if packaging is large packaging or\noverpack\n(b) otherwise\nregulation 76(1) 8\nregulation 79(1) 8\nregulation 83(1) 4\nregulation 88B(2) 4\nregulation 88C(2) 4\nregulation 88D(2) 4\nregulation 88E(2) 3\nregulation 90(1) 4\nregulation 102(3) 8\nregulation 106(3) 2\nregulation 107(1) 4\nregulation 107(4) 2\nregulation 108(1) 4\nregulation 111(1) or (2) 4\nregulation 112B(3) 4\nregulation 112C(2) 4\nregulation 112D(3) 4\nregulation 114(1) 3\nregulation 115(1) 3\nregulation 116(4) 4\nregulation 117(1) 4\nregulation 118(3) 3\nregulation 119(1) or (2) 3\n\nRegulations 2011 175\nregulation 122(1) 4\nregulation 123(1) 4\nregulation 124(1), (2) or (3) 3\nregulation 125(1) or (2) 3\nregulation 126A(2) 3\nregulation 126B(2) 3\nregulation 126C(2) 8\nregulation 127(1) 8\nregulation 128(1) 8\nregulation 129(1) 3\nregulation 130(4) 2\nregulation 131(5) 4\nregulation 133(1) 2\nregulation 134(1) 3\nregulation 135(2) 8\nregulation 136(1) 8\nregulation 137(3) 8\nregulation 138(1) 8\nregulation 138A(2) 3\nregulation 138B(2) 8\nregulation 138C(3) 8\nregulation 138D(2) 8\nregulation 141(2) 8\nregulation 142(1) 4\nregulation 143(1) or (2) 8\nregulation 144(5) 8\nregulation 148(1) 8\nregulation 149(1) 8\nregulation 150(1) 3\nregulation 169(1) 2\nregulation 179(1), (2), (3) or (4) 2\nregulation 180(1) 2\n\nRegulations 2011 176\nregulation 182(1) 8\nregulation 186(1) 2\nregulation 187(1) 2\nregulation 197(1) 8\nregulation 198(2) 8\n\nRegulations 2011 177\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nRegulations (SL No. 6, 2011)\nNotified 30 March 2011\nCommenced 31 March 2011 (r 2, s 2 of the Transport of Dangerous Goods\nby Road and Rail (National Uniform Legislation) Act 2010 (Act\nNo. 32, 2010) and Gaz G13, 30 March 2011, p 14)\nJustice Legislation Amendment Regulations 2021 (SL No. 18, 2021)\nNotified 3 November 2021\nCommenced 3 November 2021\nTransport of Dangerous Goods by Road and Rail Legislation Amendment Act 2022 (Act\nNo. 29, 2022)\nAssent date 16 December 2022\nCommenced 2 February 2023 (Gaz G3, 2 February 2023, p 1)\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22 of 2018) to: rr 1, 2, 170, 233, 247 and 249.\n4 LIST OF AMENDMENTS\nr 3 amd Act No. 29, 2022, s 18\nr 4 amd Act No. 29, 2022, s 19\nrr 4A – 4B ins Act No. 29, 2022, s 20\nr 6 amd Act No. 29, 2022, s 79\nrr 8 – 10 amd Act No. 29, 2022, s 79\nr 9A ins Act No. 29, 2022, s 21\nr 16 amd Act No. 29, 2022, s 22\n\nRegulations 2011 178\nr 17 amd Act No. 29, 2022, s 23\nr 18 amd Act No. 29, 2022, s 24\nr 19 sub Act No. 29, 2022, s 25\nr 22 amd Act No. 29, 2022, s 79\nr 23A ins Act No. 29, 2022, s 26\nr 24 sub Act No. 29, 2022, s 26\nr 26 amd Act No. 29, 2022, s 27\nr 36 sub Act No. 29, 2022, s 28\nr 57 amd Act No. 29, 2022, s 79\nr 66 amd Act No. 29, 2022, s 29\nr 67 amd Act No. 29, 2022, s 30\nr 68 amd Act No. 29, 2022, s 31\nr 69 amd Act No. 29, 2022, s 32\nr 71 amd Act No. 29, 2022, s 33\nr 72 amd Act No. 29, 2022, s 34\nr 73 amd Act No. 29, 2022, s 35\nr 74 amd Act No. 29, 2022, s 36\nrr 81 – 83 amd Act No. 29, 2022, s 79\nr 86 amd Act No. 29, 2022, s 37\nr 87 amd Act No. 29, 2022, s 38\nr 88 amd Act No. 29, 2022, s 39\npt 6\ndiv 3 hdg ins Act No. 29, 2022, s 40\nrr 88A – 88E ins Act No. 29, 2022, s 40\nrr 89 – 93 amd Act No. 29, 2022, s 79\npt 9\ndiv 3\nsdiv 1 hdg ins Act No. 29, 2022, s 41\npt 9\ndiv 3\nsdiv 2 hdg ins Act No. 29, 2022, s 42\nrr 112A –\n112D ins Act No. 29, 2022, s 42\nr 113 amd Act No. 29, 2022, s 43\nr 116 sub Act No. 29, 2022, s 44\nr 118 sub Act No. 29, 2022, s 45\npt 10\ndiv 3 hdg ins Act No. 29, 2022, s 46\nrr 126A –\n126C ins Act No. 29, 2022, s 46\nr 130 sub Act No. 29, 2022, s 47\nr 131 amd Act No. 29, 2022, s 48\npt 12\ndiv 2 hdg amd Act No. 29, 2022, s 49\nr 135 amd Act No. 29, 2022, s 79\nr 137 sub Act No. 29, 2022, s 50\npt 12\ndiv 3 hdg ins Act No. 29, 2022, s 51\nrr 138A –\n138D ins Act No. 29, 2022, s 51\nr 144 sub Act No. 29, 2022, s 52\nr 148 amd Act No. 29, 2022, s 53\nr 149 amd Act No. 29, 2022, s 54\nr 155 amd Act No. 29, 2022, s 55\nr 157 amd Act No. 29, 2022, s 56\nr 158 amd Act No. 29, 2022, s 79\nr 161 amd Act No. 29, 2022, s 57\nr 167 amd Act No. 29, 2022, s 58\n\nRegulations 2011 179\nr 179 amd Act No. 29, 2022, s 79\nr 195 amd Act No. 29, 2022, s 79\nr 199A ins Act No. 29, 2022, s 59\nr 202A ins Act No. 29, 2022, s 60\nr 203 amd Act No. 29, 2022, s 61\nr 204 amd Act No. 29, 2022, s 62\nr 206A ins Act No. 29, 2022, s 63\nr 207 amd Act No. 29, 2022, s 64\nr 207A ins Act No. 29, 2022, s 65\nr 208 amd Act No. 29, 2022, s 66\nr 213 amd Act No. 29, 2022, s 67\nr 213A ins Act No. 29, 2022, s 68\nr 214 amd Act No. 29, 2022, s 69\nr 215 amd Act No. 29, 2022, s 70\nr 221 amd Act No. 29, 2022, s 71\nr 222 amd Act No. 29, 2022, s 72\npt 18\ndiv 5 hdg ins Act No. 29, 2022, s 73\nrr 223A –\n223C ins Act No. 29, 2022, s 73\nr 227A ins Act No. 29, 2022, s 74\nr 241 sub Act No. 29, 2022, s 75\nr 242 amd Act No. 29, 2022, s 76\npt 24 hdg ins Act No. 29, 2022, s 77\nrr 255 –\n257 ins Act No. 29, 2022, s 77\nsch1 amd No. 18, 2021, r 5\nsch 2 amd Act No. 29, 2022, s 78","sortOrder":296}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":false,"description":"The Regulations implement and enforce the ADG Code and establish safety, licensing and administrative machinery. Amendments noted (including those recorded up to 2022) add procedural detail (for example, medical evidence requirements, ullage rules for tanks, nominally empty vessel rules, and expanded administrative/determinations machinery) and improve harmonisation across jurisdictions (CAP and mutual recognition). Those changes refine and extend implementation detail but do not materially expand the core subject‑matter range beyond the original purpose of regulating the safe transport of dangerous goods by road and rail (compare reg 3). The instrument remains focused on setting obligations, translating ADG Code standards into enforceable law, and creating administrative processes for approvals, exemptions and cross‑jurisdictional coordination."},"complexity_factors":["Extensive structure: 24 Parts plus Schedules, with multiple Divisions and Subdivisions (full instrument covers detailed duties, approvals, licences, enforcement and transitional rules).","Large interpretation/definitions regime (regs 4–12, 4A–11) with many cross‑referenced terms used throughout the Regulations.","Heavy cross‑referencing to an external technical instrument (the ADG Code) that is incorporated by reference throughout (dozens of references across Parts 3–13), creating dynamic obligations (reg 4A; reg 12).","Numerous offence provisions with varied fault elements (strict liability, recklessness, knowledge) and a wide range of penalties up to 40 penalty units (many Parts contain distinct offence formulations).","Detailed licensing and administrative apparatus for drivers and vehicles with medical, competency, documentary and register requirements and multi‑stage review/cancellation procedures (Part 15, regs 157–194).","Multiple discretionary approvals, determinations and exemptions with conditions and CAP referral rules for multi‑jurisdictional consistency (Parts 16–18, 203–225).","Complex operational rules with conditional exceptions (e.g. private use loads, placard thresholds, nominally empty vessels, ullage/filling ratio rules) involving layered thresholds and calculations (regs 22, 71, 88A–88E, 109–112D).","Mutual recognition and inter‑jurisdictional mechanics (Part 19) adding legal complexity when licences/approvals/determinations cross borders.","Enforcement and administrative remedies include infringement notices, improvement/prohibition notices, reviews, NTCAT appeals and CAP processes (Parts 20–21), increasing procedural complexity.","Transitional provisions and amendment history (Part 23–24 and endnotes) that require reading the instrument against earlier laws and later amendments."],"plain_english_summary":"**What this instrument does (mechanics first)\n\n- Sets the detailed legal rules for transporting dangerous goods by road and rail in the Northern Territory. It does this by: adopting and referring to the Australian Dangerous Goods Code (the ADG Code) (reg 4A); defining who and what counts as \"dangerous goods\" and related terms (regs 4–12, 15–20); and imposing mandatory requirements on packaging, marking, placarding, stowage, segregation, vehicle standards, documentation, emergency information and response, bulk transfer, and driver/vehicle licensing (many Parts, especially Parts 3–15).\n- Creates an administrative system of approvals, determinations and exemptions (Parts 16–18) and a mutual-recognition track for approvals and licences from other participating jurisdictions (Part 19). It also sets infringement notice procedures, fees and penalty levels (Part 20, Schedules 1–2).\n\n**Who this affects\n\n- Commercial parties in the road and rail supply chain: consignors (senders), packers, loaders, prime contractors, rail operators, vehicle and equipment owners and manufacturers, occupiers of premises where transfers occur, and drivers (see many specific duties in Parts 2–12).\n- Regulators and decision‑makers: the Competent Authority and any authorised bodies, licensing authority functions, and the Competent Authorities Panel (CAP) for multi‑jurisdictional matters (Parts 16–19).\n- Emergency services and authorised officers (defined users of special exemptions and enforcement powers) and any person who handles suspected dangerous goods (reg 21; reg 243).\n\n**Why it matters (stated purpose and how it operates in practice)\n\n- The Regulations state three official objects: to set obligations, to reduce risk of injury/death/property/environmental harm, and to give effect to the ADG Code (reg 3). Mechanically, the Regulations do that by making compliance with the ADG Code mandatory in many areas (for example, packaging (Part 3), marking and placarding (Part 4), vehicle standards (Part 5), and emergency information (Part 10)).\n\n- Enforcement is regulatory and criminal: the instrument creates numerous offences with specified maximum penalties (many strict liability offences), allows authorised officers to issue notices and infringement notices, and empowers the Competent Authority to grant or cancel approvals, exemptions and administrative determinations (see Parts 20–21 and Parts 16–18). Key compliance levers include driver and vehicle licensing (regs 155–179), mandatory insurance for placard loads (reg 147), and heavy reliance on ADG Code standards (reg 4A).\n\n**Who pays, who decides, what behaviour changes\n\n- Who pays: businesses/owners pay application and licence fees (Schedule 1), the cost of compliant packaging and vehicle equipment, insurance (\"adequate insurance\" minimum $5,000,000 for placard loads — reg 147), training and testing for drivers (regs 157–166, 160), and potential penalties or remediation costs where incidents occur.\n- Who decides: the Competent Authority (and authorised bodies) decides approvals, exemptions and determinations (Parts 16–18); licensing decisions follow the licensing authority processes (Part 15); CAP provides a forum for harmonising cross‑jurisdictional decisions (Part 19).\n- Behaviour changes the law forces: clearly marked/labelled packaging and placarding of certain loads (regs 66–75), use of approved packaging and tanks (regs 35, 59, 170–173), adherence to ADG Code stowage/segregation/filling/ullage rules (Parts 7–9), maintaining emergency documentation and phone advisory services for placard loads (regs 120–126, 143), obtaining licences for certain drivers and vehicles (regs 155–156, 162, 173), and carrying insurance or securing an approval to self‑insure (regs 147, 151).\n\n**Official rationale claims and a brief, source‑grounded test of trade‑offs\n\n- Claimed aim: reduce risk and give effect to the ADG Code (reg 3). Mechanism: direct incorporation of many ADG Code requirements into enforceable law (e.g. packaging, placarding, stowage, emergency info). This converts technical standards into legal obligations enforceable by penalty.\n\n- Costs and incentives: compliance costs are concentrated on shippers, packers, vehicle owners and prime contractors required to buy compliant packaging/equipment, run approved testing, obtain licences and insurance (regs 59, 61–63; Part 15; reg 147; Schedule 1). The primary incentive is to avoid penalties and interruption to operations; secondary incentives include operational continuity and insurance acceptance.\n\n- Trade‑offs and opportunity costs: the Regulations raise the cost of transporting higher‑risk goods (packaging, vehicle work, testing, training and insurance). Firms may substitute by shipping smaller consignments that fall below placarding/licensing thresholds (see exclusions and thresholds at regs 22, 71), which shifts but does not eliminate regulatory risk. The ADG Code is an external, evolving technical instrument (reg 4A), so businesses must monitor code updates to stay compliant — this dynamic can create compliance flow‑on costs.\n\n- Implementation and compliance burden: the instrument is administratively heavy — numerous approvals, registers, and discretionary powers (Parts 16–18, regs 199–213) mean businesses must engage with regulators for approvals, and decisions can impose conditions affecting operations (reg 198). Many offences are strict liability (explicit in several provisions), increasing firms' need for proactive compliance systems.\n\n- Bureaucratic discretion and capture risk: the Competent Authority has wide discretions to grant approvals/determinations and to authorise other bodies to act (regs 59, 63, 64, 206A). That creates a practical risk that firms will lobby for favourable approvals or be delayed while seeking them. The Regulations mitigate inconsistency via CAP and mutual recognition (Parts 18–19), but that adds inter‑jurisdictional complexity.\n\n- Concentrated benefits, diffuse costs: safety gains (public benefit) are diffuse; costs (testing, licensing, insurance) fall on identifiable commercial actors (owners, prime contractors, drivers). Where approvals allow deviations (regulated exceptions), the beneficiaries are concentrated (the approved firms) while enforcement and monitoring costs are public.\n\n**Key practical pointers (where to look in the Regulations)\n\n- Core duties and offences for consignors/packers/loaders/prime contractors/drivers: Parts 2–4, Part 7–9, Part 12.\n- Driver and vehicle licensing, medical and training evidence: Part 15 (regs 157–179, 160, 161, 167).\n- Packaging approvals and testing: Part 3 Division 6 (regs 59–63).\n- Insurance requirements for placard loads: Part 14 (regs 147–151).\n- Administrative approvals/exemptions and CAP referral: Parts 16–19.\n\n**Bottom line**: these Regulations convert the ADG Code’s technical standards into enforceable legal duties and create a comprehensive compliance, licensing and administrative apparatus. They impose measurable costs (packaging, vehicles, training, insurance, fees) on identifiable commercial actors and create administrative discretion and multi‑jurisdictional processes intended to produce consistent safety outcomes. (See reg 3; reg 4A; regs 59, 147, 155–156, 195–199; Part 18.)"},"summary":{"complexity_score":8,"scope_assessment":{"changed":false,"description":"The regulations appear to have maintained their original intended scope — establishing nationally uniform safety rules for the transport of dangerous goods by road and rail. The 2023 commencement date likely reflects a reprint or amendment rather than a fundamental change in purpose, and the legislation continues to serve its core function of harmonising dangerous goods transport standards across Australian jurisdictions."},"complexity_factors":["Highly technical subject matter requiring knowledge of chemistry, physics, and engineering standards","Incorporates by reference the Australian Dangerous Goods (ADG) Code, which is itself a lengthy and complex document","Multiple overlapping classification systems for different types of dangerous goods (9 UN hazard classes with sub-divisions)","National uniform legislation framework means interaction with multiple state and territory laws must be understood","Detailed prescriptive requirements across packaging, labelling, placarding, documentation, vehicle standards, and training","Exemptions and special provisions for particular goods, quantities, or transport scenarios add significant complexity","Frequent updates to align with international standards (UN Recommendations on the Transport of Dangerous Goods) require ongoing compliance monitoring","Applies across multiple industries (mining, agriculture, manufacturing, logistics) each with specific practical circumstances","Emergency response and incident reporting obligations add a separate compliance layer","Penalties and enforcement provisions interact with criminal law frameworks in each jurisdiction"],"plain_english_summary":"## Transport of Dangerous Goods by Road and Rail Regulations 2011\n\nThese regulations govern how **dangerous goods** (substances or materials that pose a risk to health, safety, property, or the environment — think chemicals, explosives, flammable liquids, radioactive materials) are transported on Australian roads and railways.\n\n### Who is affected?\n- **Businesses and individuals** who transport, package, load, or handle dangerous goods for commercial purposes\n- **Truck drivers and train operators** carrying hazardous materials\n- **Warehouses and logistics companies** involved in the supply chain for dangerous goods\n- **Manufacturers and importers** who need to move hazardous products\n\n### What do they require?\nThe regulations set out detailed rules covering:\n- **Classifying** what counts as dangerous goods and how dangerous they are\n- **Packaging and labelling** requirements (so everyone handling goods knows what they're dealing with)\n- **Placarding** (visible warning signs on vehicles and containers)\n- **Documentation** that must accompany dangerous goods in transit\n- **Emergency procedures** if something goes wrong during transport\n- **Driver training and licensing** requirements\n- **Vehicle standards** for carrying hazardous materials\n\n### Why does it matter?\nImproper transport of dangerous goods can cause serious accidents, explosions, chemical spills, or fires — putting the public, emergency services, and the environment at serious risk. These regulations aim to create a **nationally consistent** safety framework across all Australian states and territories, replacing a patchwork of different state rules.\n\n### Key point for everyday Australians\nIf you work in transport, logistics, mining, agriculture, or manufacturing and your job involves moving chemicals, gases, fuels, or other hazardous materials — these regulations directly apply to you. Breaches can result in significant fines or criminal penalties."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"_metrics":{"completionTokens":764},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":false,"description":"The legislation appears to remain within its original scope as a comprehensive regulatory scheme for dangerous goods transport. The 2022 amendments added specific provisions (e.g., nominally empty storage vessels, ullage requirements for newly licensed vehicles, limited quantities documentation) but these represent technical refinements rather than scope expansion. The core purpose — implementing national uniform standards for dangerous goods transport — remains unchanged."},"complexity_factors":["Extensive cross-referencing to the ADG Code (Australian Code for the Transport of Dangerous Goods by Road and Rail) — the regulations frequently defer to this external code for technical standards","Multiple overlapping duty holders with tiered responsibility (consignor, packer, loader, prime contractor, rail operator, driver, owner) — each with specific offences and fault elements","Nested conditional logic for placard load thresholds — complex calculations involving aggregate quantities, receptacle sizes, and mixing rules for limited quantities","24 defined terms in the interpretation section, many themselves requiring further definition (e.g., 'dangerous goods' depends on ADG Code classification criteria)","Strict liability offences mixed with fault-based offences — requires careful parsing of mental elements (intention, recklessness, knowledge) for each provision","Extensive administrative machinery — licensing regimes, approvals, determinations, exemptions, and mutual recognition with other jurisdictions","Multiple transitional provisions and amendment history tracking changes from 2011, 2021, and 2022 amending legislation","Conditional exemptions with quantitative thresholds (e.g., regulation 22's 25% placard load calculation with multiple sub-conditions)","Technical packaging classifications — general packaging, other packaging, bulk containers, IBCs, MEGCs, portable tanks, overpacks — each with distinct rules"],"plain_english_summary":"These regulations set out the rules for transporting dangerous goods by road and rail in the Northern Territory. They apply to anyone involved in the transport chain — from manufacturers and packers to drivers, loaders, and rail operators.\n\n**What the regulations cover:**\n\n- **Classification and identification** of dangerous goods using the UN system (9 classes including explosives, flammable liquids, toxic substances, radioactive material, etc.)\n- **Packaging requirements** — goods must be in approved containers that won't leak or react dangerously\n- **Labelling and placarding** — vehicles carrying large quantities must display warning signs (placards) so emergency services know what they're dealing with\n- **Documentation** — transport papers must accurately describe what's being carried\n- **Vehicle and equipment standards** — special requirements for tankers, hoses, and safety gear\n- **Driver and vehicle licensing** — special licences required for transporting large quantities (over 500L or 500kg in a single container)\n- **Segregation rules** — keeping incompatible substances apart (e.g., acids away from flammables)\n- **Emergency procedures** — what to do if there's a spill, fire, or accident\n- **Insurance requirements** — minimum $5 million coverage for placard loads\n\n**Who's affected:**\n- Anyone consigning, packing, loading, transporting, or receiving dangerous goods\n- Businesses operating tankers or bulk transport vehicles\n- Rail operators carrying hazardous materials\n- Drivers of vehicles carrying dangerous goods\n\n**Key exemptions:** The regulations don't apply to small quantities for personal use (under certain thresholds), fuel in vehicle tanks, or goods transported by emergency services during incidents.\n\nThe regulations work alongside the **ADG Code** (Australian Code for the Transport of Dangerous Goods by Road and Rail), which contains the detailed technical standards. Where there's a conflict, these regulations prevail."}},"importantCases":[],"_links":{"self":"/api/acts/transport-of-dangerous-goods-by-road-and-rail-national-uniform-legislation-regulations-2011","history":"/api/acts/transport-of-dangerous-goods-by-road-and-rail-national-uniform-legislation-regulations-2011/history","analysis":"/api/acts/transport-of-dangerous-goods-by-road-and-rail-national-uniform-legislation-regulations-2011/analysis","conflicts":"/api/acts/transport-of-dangerous-goods-by-road-and-rail-national-uniform-legislation-regulations-2011/conflicts","importantCases":"/api/acts/transport-of-dangerous-goods-by-road-and-rail-national-uniform-legislation-regulations-2011/important-cases","documents":"/api/acts/transport-of-dangerous-goods-by-road-and-rail-national-uniform-legislation-regulations-2011/documents"}}