{"id":"qld:sl-2018-0107","name":"Transport Operations (Road Use Management—Dangerous Goods) Regulation 2018","slug":"transport-operations-road-use-management-dangerous-goods-regulation-2018","collection":"regulation","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"107 of 2018","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174825,"registerId":"qld-qld:sl-2018-0107-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"pt.1-div.1","sectionType":"division","heading":"Introductory and application","content":"## Introductory and application","sortOrder":1},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis regulation may be cited as the Transport Operations (Road Use Management—Dangerous Goods) Regulation 2018 .","sortOrder":2},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis regulation commences on 31 August 2018.","sortOrder":3},{"sectionNumber":"sec.3","sectionType":"section","heading":"Main purposes of this regulation","content":"### sec.3 Main purposes of this regulation\n\nThe main purposes of this regulation are—\nto prescribe the obligations of persons involved in the transport of dangerous goods by road; and\nto reduce as far as practicable the risks arising from the transport of dangerous goods by road; and\nto give effect to the standards, requirements and procedures of the ADG Code as far as they apply to the transport of dangerous goods by road; and\nto promote consistency between the standards, requirements and procedures applying to the transport of dangerous goods by road and those applying to other modes of transport.\nIn this section—\nobligation includes duty and requirement.\n(sec.3-ssec.1) The main purposes of this regulation are— to prescribe the obligations of persons involved in the transport of dangerous goods by road; and to reduce as far as practicable the risks arising from the transport of dangerous goods by road; and to give effect to the standards, requirements and procedures of the ADG Code as far as they apply to the transport of dangerous goods by road; and to promote consistency between the standards, requirements and procedures applying to the transport of dangerous goods by road and those applying to other modes of transport.\n(sec.3-ssec.2) In this section— obligation includes duty and requirement.\n- (a) to prescribe the obligations of persons involved in the transport of dangerous goods by road; and\n- (b) to reduce as far as practicable the risks arising from the transport of dangerous goods by road; and\n- (c) to give effect to the standards, requirements and procedures of the ADG Code as far as they apply to the transport of dangerous goods by road; and\n- (d) to promote consistency between the standards, requirements and procedures applying to the transport of dangerous goods by road and those applying to other modes of transport.","sortOrder":4},{"sectionNumber":"sec.4","sectionType":"section","heading":"Regulation is dangerous goods regulation for the Act — Act , sch 4 , definition dangerous goods regulation","content":"### sec.4 Regulation is dangerous goods regulation for the Act — Act , sch 4 , definition dangerous goods regulation\n\nFor schedule 4 of the Act , definition dangerous goods regulation , this regulation is a dangerous goods regulation for the Act .","sortOrder":5},{"sectionNumber":"sec.5","sectionType":"section","heading":"Prescribed exempt transport— Act , s 151AA","content":"### sec.5 Prescribed exempt transport— Act , s 151AA\n\nFor section 151AA of the Act , definition prescribed exempt transport , each of the following is exempt from the application of chapter 5A of the Act —\nthe transport of the following except if transported with other dangerous goods—\nradioactive substances under the Radiation Safety Act 1999 ;\nexplosives under the Explosives Act 1999 ;\nthe transport of a load of dangerous goods if—\nthe dangerous goods are not, and do not include, infectious substances of UN division 6.2 ; and\nthe total quantity of each type of dangerous goods in the load is no more than the quantity stated in section 1.1.1.2 , note (3)(a) , table 1.1.1.2 of the ADG Code for that type;\nthe transport of a load of dangerous goods by a person if—\nthe load does not contain dangerous goods—\nin a receptacle with a capacity that is more than 500L; or\nin a receptacle if the quantity of dangerous goods in the receptacle is more than 500kg; and\nthe goods are not, and do not include, the following—\ndangerous goods of UN class 1 (explosives), other than dangerous goods of UN division 1.4 S;\ndangerous goods of category A of UN division 6.2 (infectious substances);\ndangerous goods of UN class 7 (radioactive material); and\nthe aggregate quantity of the dangerous goods in the load, as calculated in the way provided for under schedule 3 , definition aggregate quantity , is less than 25% of a load of dangerous goods that, under section 83 , is required to be placarded; and\nthe goods are not being transported by the person in the course of a business of transporting goods by road;\nthe transport of dangerous goods to the extent the goods are transported by, or under the direction of, an authorised officer or relevant emergency service officer to prevent a dangerous situation;\nthe transport of dangerous goods in a vehicle if—\nthe dangerous goods are in packaging that is—\ndesigned for, and forming part of, the fuel or electrical system of the vehicle’s propulsion engine or auxiliary engine; or\npart of, and necessary for, the operation of an appliance, plant or refrigeration system forming part of or attached to the vehicle; or\nthe dangerous goods are in equipment carried in, fitted to or installed in the vehicle and designed for the safety or protection of an occupant of the vehicle, the vehicle or its load, including, for example, an airbag, fire extinguisher, seatbelt pretensioning device or self-contained breathing apparatus.\nIn this section—\ntype , of dangerous goods, means a class or division of dangerous goods provided for in the ADG Code.\ns 5 sub 2019 Act No. 25 s 50\n(sec.5-ssec.1) For section 151AA of the Act , definition prescribed exempt transport , each of the following is exempt from the application of chapter 5A of the Act — the transport of the following except if transported with other dangerous goods— radioactive substances under the Radiation Safety Act 1999 ; explosives under the Explosives Act 1999 ; the transport of a load of dangerous goods if— the dangerous goods are not, and do not include, infectious substances of UN division 6.2 ; and the total quantity of each type of dangerous goods in the load is no more than the quantity stated in section 1.1.1.2 , note (3)(a) , table 1.1.1.2 of the ADG Code for that type; the transport of a load of dangerous goods by a person if— the load does not contain dangerous goods— in a receptacle with a capacity that is more than 500L; or in a receptacle if the quantity of dangerous goods in the receptacle is more than 500kg; and the goods are not, and do not include, the following— dangerous goods of UN class 1 (explosives), other than dangerous goods of UN division 1.4 S; dangerous goods of category A of UN division 6.2 (infectious substances); dangerous goods of UN class 7 (radioactive material); and the aggregate quantity of the dangerous goods in the load, as calculated in the way provided for under schedule 3 , definition aggregate quantity , is less than 25% of a load of dangerous goods that, under section 83 , is required to be placarded; and the goods are not being transported by the person in the course of a business of transporting goods by road; the transport of dangerous goods to the extent the goods are transported by, or under the direction of, an authorised officer or relevant emergency service officer to prevent a dangerous situation; the transport of dangerous goods in a vehicle if— the dangerous goods are in packaging that is— designed for, and forming part of, the fuel or electrical system of the vehicle’s propulsion engine or auxiliary engine; or part of, and necessary for, the operation of an appliance, plant or refrigeration system forming part of or attached to the vehicle; or the dangerous goods are in equipment carried in, fitted to or installed in the vehicle and designed for the safety or protection of an occupant of the vehicle, the vehicle or its load, including, for example, an airbag, fire extinguisher, seatbelt pretensioning device or self-contained breathing apparatus.\n(sec.5-ssec.2) In this section— type , of dangerous goods, means a class or division of dangerous goods provided for in the ADG Code.\n- (a) the transport of the following except if transported with other dangerous goods— (i) radioactive substances under the Radiation Safety Act 1999 ; (ii) explosives under the Explosives Act 1999 ;\n- (i) radioactive substances under the Radiation Safety Act 1999 ;\n- (ii) explosives under the Explosives Act 1999 ;\n- (b) the transport of a load of dangerous goods if— (i) the dangerous goods are not, and do not include, infectious substances of UN division 6.2 ; and (ii) the total quantity of each type of dangerous goods in the load is no more than the quantity stated in section 1.1.1.2 , note (3)(a) , table 1.1.1.2 of the ADG Code for that type;\n- (i) the dangerous goods are not, and do not include, infectious substances of UN division 6.2 ; and\n- (ii) the total quantity of each type of dangerous goods in the load is no more than the quantity stated in section 1.1.1.2 , note (3)(a) , table 1.1.1.2 of the ADG Code for that type;\n- (c) the transport of a load of dangerous goods by a person if— (i) the load does not contain dangerous goods— (A) in a receptacle with a capacity that is more than 500L; or (B) in a receptacle if the quantity of dangerous goods in the receptacle is more than 500kg; and (ii) the goods are not, and do not include, the following— (A) dangerous goods of UN class 1 (explosives), other than dangerous goods of UN division 1.4 S; (B) dangerous goods of category A of UN division 6.2 (infectious substances); (C) dangerous goods of UN class 7 (radioactive material); and (iii) the aggregate quantity of the dangerous goods in the load, as calculated in the way provided for under schedule 3 , definition aggregate quantity , is less than 25% of a load of dangerous goods that, under section 83 , is required to be placarded; and (iv) the goods are not being transported by the person in the course of a business of transporting goods by road;\n- (i) the load does not contain dangerous goods— (A) in a receptacle with a capacity that is more than 500L; or (B) in a receptacle if the quantity of dangerous goods in the receptacle is more than 500kg; and\n- (A) in a receptacle with a capacity that is more than 500L; or\n- (B) in a receptacle if the quantity of dangerous goods in the receptacle is more than 500kg; and\n- (ii) the goods are not, and do not include, the following— (A) dangerous goods of UN class 1 (explosives), other than dangerous goods of UN division 1.4 S; (B) dangerous goods of category A of UN division 6.2 (infectious substances); (C) dangerous goods of UN class 7 (radioactive material); and\n- (A) dangerous goods of UN class 1 (explosives), other than dangerous goods of UN division 1.4 S;\n- (B) dangerous goods of category A of UN division 6.2 (infectious substances);\n- (C) dangerous goods of UN class 7 (radioactive material); and\n- (iii) the aggregate quantity of the dangerous goods in the load, as calculated in the way provided for under schedule 3 , definition aggregate quantity , is less than 25% of a load of dangerous goods that, under section 83 , is required to be placarded; and\n- (iv) the goods are not being transported by the person in the course of a business of transporting goods by road;\n- (d) the transport of dangerous goods to the extent the goods are transported by, or under the direction of, an authorised officer or relevant emergency service officer to prevent a dangerous situation;\n- (e) the transport of dangerous goods in a vehicle if— (i) the dangerous goods are in packaging that is— (A) designed for, and forming part of, the fuel or electrical system of the vehicle’s propulsion engine or auxiliary engine; or (B) part of, and necessary for, the operation of an appliance, plant or refrigeration system forming part of or attached to the vehicle; or (ii) the dangerous goods are in equipment carried in, fitted to or installed in the vehicle and designed for the safety or protection of an occupant of the vehicle, the vehicle or its load, including, for example, an airbag, fire extinguisher, seatbelt pretensioning device or self-contained breathing apparatus.\n- (i) the dangerous goods are in packaging that is— (A) designed for, and forming part of, the fuel or electrical system of the vehicle’s propulsion engine or auxiliary engine; or (B) part of, and necessary for, the operation of an appliance, plant or refrigeration system forming part of or attached to the vehicle; or\n- (A) designed for, and forming part of, the fuel or electrical system of the vehicle’s propulsion engine or auxiliary engine; or\n- (B) part of, and necessary for, the operation of an appliance, plant or refrigeration system forming part of or attached to the vehicle; or\n- (ii) the dangerous goods are in equipment carried in, fitted to or installed in the vehicle and designed for the safety or protection of an occupant of the vehicle, the vehicle or its load, including, for example, an airbag, fire extinguisher, seatbelt pretensioning device or self-contained breathing apparatus.\n- (i) radioactive substances under the Radiation Safety Act 1999 ;\n- (ii) explosives under the Explosives Act 1999 ;\n- (i) the dangerous goods are not, and do not include, infectious substances of UN division 6.2 ; and\n- (ii) the total quantity of each type of dangerous goods in the load is no more than the quantity stated in section 1.1.1.2 , note (3)(a) , table 1.1.1.2 of the ADG Code for that type;\n- (i) the load does not contain dangerous goods— (A) in a receptacle with a capacity that is more than 500L; or (B) in a receptacle if the quantity of dangerous goods in the receptacle is more than 500kg; and\n- (A) in a receptacle with a capacity that is more than 500L; or\n- (B) in a receptacle if the quantity of dangerous goods in the receptacle is more than 500kg; and\n- (ii) the goods are not, and do not include, the following— (A) dangerous goods of UN class 1 (explosives), other than dangerous goods of UN division 1.4 S; (B) dangerous goods of category A of UN division 6.2 (infectious substances); (C) dangerous goods of UN class 7 (radioactive material); and\n- (A) dangerous goods of UN class 1 (explosives), other than dangerous goods of UN division 1.4 S;\n- (B) dangerous goods of category A of UN division 6.2 (infectious substances);\n- (C) dangerous goods of UN class 7 (radioactive material); and\n- (iii) the aggregate quantity of the dangerous goods in the load, as calculated in the way provided for under schedule 3 , definition aggregate quantity , is less than 25% of a load of dangerous goods that, under section 83 , is required to be placarded; and\n- (iv) the goods are not being transported by the person in the course of a business of transporting goods by road;\n- (A) in a receptacle with a capacity that is more than 500L; or\n- (B) in a receptacle if the quantity of dangerous goods in the receptacle is more than 500kg; and\n- (A) dangerous goods of UN class 1 (explosives), other than dangerous goods of UN division 1.4 S;\n- (B) dangerous goods of category A of UN division 6.2 (infectious substances);\n- (C) dangerous goods of UN class 7 (radioactive material); and\n- (i) the dangerous goods are in packaging that is— (A) designed for, and forming part of, the fuel or electrical system of the vehicle’s propulsion engine or auxiliary engine; or (B) part of, and necessary for, the operation of an appliance, plant or refrigeration system forming part of or attached to the vehicle; or\n- (A) designed for, and forming part of, the fuel or electrical system of the vehicle’s propulsion engine or auxiliary engine; or\n- (B) part of, and necessary for, the operation of an appliance, plant or refrigeration system forming part of or attached to the vehicle; or\n- (ii) the dangerous goods are in equipment carried in, fitted to or installed in the vehicle and designed for the safety or protection of an occupant of the vehicle, the vehicle or its load, including, for example, an airbag, fire extinguisher, seatbelt pretensioning device or self-contained breathing apparatus.\n- (A) designed for, and forming part of, the fuel or electrical system of the vehicle’s propulsion engine or auxiliary engine; or\n- (B) part of, and necessary for, the operation of an appliance, plant or refrigeration system forming part of or attached to the vehicle; or","sortOrder":6},{"sectionNumber":"sec.6","sectionType":"section","heading":"Special provisions for tools of trade and dangerous goods for private use","content":"### sec.6 Special provisions for tools of trade and dangerous goods for private use\n\nThis section applies in relation to dangerous goods that—\nare not transported in the course of a business of transporting goods but are transported by a person who intends to use them, or so they may be used, for a commercial purpose; and\nare transported as part of a load that includes—\nan aggregate quantity of dangerous goods of less than 500 but does not include dangerous goods of UN division 2.1 (other than aerosols), UN division 2.3 or packing group I; or\nan aggregate quantity of dangerous goods of less than 250 that includes dangerous goods of UN division 2.1 (other than aerosols), UN division 2.3 or packing group I, if the dangerous goods of UN division 2.3 and packing group I together make up less than 100 of the aggregate quantity.\nAn aggregate quantity in relation to a load containing dangerous goods mentioned in subsection (1) (b) is worked out in the way provided for under schedule 3 , definition aggregate quantity .\nThis regulation, other than subsections (3) to (5) , does not apply to the transport of the dangerous goods.\nA person must not transport the dangerous goods unless each package in the load including the goods—\ncomplies with the packaging requirements appropriate to the quantity of dangerous goods under part 4 ; and\nis marked and labelled as required under part 5 , division 1 ; and\nis loaded, secured, segregated, unloaded and otherwise transported in a way that ensures—\nits packaging remains fit for its purpose; and\nrisks are eliminated or, if it is not practicable to eliminate risks, are minimised to the greatest practicable extent.\nMaximum penalty—40 penalty units.\nIf the load contains dangerous goods of UN class 3, 4, 5 or 6 that together make up more than 250 of the aggregate quantity of dangerous goods in the load, a person must not transport the load—\nin the passenger compartment of a vehicle; or\nin an enclosed space that is not separated from the passenger compartment of a vehicle.\nMaximum penalty—40 penalty units.\nIf the load contains dangerous goods of UN division 2.1 , UN division 2.3 or packing group I that together make up more than 50 of the aggregate quantity of dangerous goods in the load, a person must not transport the load—\nin the passenger compartment of a vehicle; or\nin another enclosed space in the vehicle.\nMaximum penalty—40 penalty units.\n(sec.6-ssec.1) This section applies in relation to dangerous goods that— are not transported in the course of a business of transporting goods but are transported by a person who intends to use them, or so they may be used, for a commercial purpose; and are transported as part of a load that includes— an aggregate quantity of dangerous goods of less than 500 but does not include dangerous goods of UN division 2.1 (other than aerosols), UN division 2.3 or packing group I; or an aggregate quantity of dangerous goods of less than 250 that includes dangerous goods of UN division 2.1 (other than aerosols), UN division 2.3 or packing group I, if the dangerous goods of UN division 2.3 and packing group I together make up less than 100 of the aggregate quantity. An aggregate quantity in relation to a load containing dangerous goods mentioned in subsection (1) (b) is worked out in the way provided for under schedule 3 , definition aggregate quantity .\n(sec.6-ssec.2) This regulation, other than subsections (3) to (5) , does not apply to the transport of the dangerous goods.\n(sec.6-ssec.3) A person must not transport the dangerous goods unless each package in the load including the goods— complies with the packaging requirements appropriate to the quantity of dangerous goods under part 4 ; and is marked and labelled as required under part 5 , division 1 ; and is loaded, secured, segregated, unloaded and otherwise transported in a way that ensures— its packaging remains fit for its purpose; and risks are eliminated or, if it is not practicable to eliminate risks, are minimised to the greatest practicable extent. Maximum penalty—40 penalty units.\n(sec.6-ssec.4) If the load contains dangerous goods of UN class 3, 4, 5 or 6 that together make up more than 250 of the aggregate quantity of dangerous goods in the load, a person must not transport the load— in the passenger compartment of a vehicle; or in an enclosed space that is not separated from the passenger compartment of a vehicle. Maximum penalty—40 penalty units.\n(sec.6-ssec.5) If the load contains dangerous goods of UN division 2.1 , UN division 2.3 or packing group I that together make up more than 50 of the aggregate quantity of dangerous goods in the load, a person must not transport the load— in the passenger compartment of a vehicle; or in another enclosed space in the vehicle. Maximum penalty—40 penalty units.\n- (a) are not transported in the course of a business of transporting goods but are transported by a person who intends to use them, or so they may be used, for a commercial purpose; and\n- (b) are transported as part of a load that includes— (i) an aggregate quantity of dangerous goods of less than 500 but does not include dangerous goods of UN division 2.1 (other than aerosols), UN division 2.3 or packing group I; or (ii) an aggregate quantity of dangerous goods of less than 250 that includes dangerous goods of UN division 2.1 (other than aerosols), UN division 2.3 or packing group I, if the dangerous goods of UN division 2.3 and packing group I together make up less than 100 of the aggregate quantity. Note— An aggregate quantity in relation to a load containing dangerous goods mentioned in subsection (1) (b) is worked out in the way provided for under schedule 3 , definition aggregate quantity .\n- (i) an aggregate quantity of dangerous goods of less than 500 but does not include dangerous goods of UN division 2.1 (other than aerosols), UN division 2.3 or packing group I; or\n- (ii) an aggregate quantity of dangerous goods of less than 250 that includes dangerous goods of UN division 2.1 (other than aerosols), UN division 2.3 or packing group I, if the dangerous goods of UN division 2.3 and packing group I together make up less than 100 of the aggregate quantity.\n- (i) an aggregate quantity of dangerous goods of less than 500 but does not include dangerous goods of UN division 2.1 (other than aerosols), UN division 2.3 or packing group I; or\n- (ii) an aggregate quantity of dangerous goods of less than 250 that includes dangerous goods of UN division 2.1 (other than aerosols), UN division 2.3 or packing group I, if the dangerous goods of UN division 2.3 and packing group I together make up less than 100 of the aggregate quantity.\n- (a) complies with the packaging requirements appropriate to the quantity of dangerous goods under part 4 ; and\n- (b) is marked and labelled as required under part 5 , division 1 ; and\n- (c) is loaded, secured, segregated, unloaded and otherwise transported in a way that ensures— (i) its packaging remains fit for its purpose; and (ii) risks are eliminated or, if it is not practicable to eliminate risks, are minimised to the greatest practicable extent.\n- (i) its packaging remains fit for its purpose; and\n- (ii) risks are eliminated or, if it is not practicable to eliminate risks, are minimised to the greatest practicable extent.\n- (i) its packaging remains fit for its purpose; and\n- (ii) risks are eliminated or, if it is not practicable to eliminate risks, are minimised to the greatest practicable extent.\n- (a) in the passenger compartment of a vehicle; or\n- (b) in an enclosed space that is not separated from the passenger compartment of a vehicle.\n- (a) in the passenger compartment of a vehicle; or\n- (b) in another enclosed space in the vehicle.","sortOrder":7},{"sectionNumber":"pt.1-div.2","sectionType":"division","heading":"Interpretation","content":"## Interpretation","sortOrder":8},{"sectionNumber":"sec.7","sectionType":"section","heading":"Definitions","content":"### sec.7 Definitions\n\nThe dictionary in schedule 3 defines particular words used in this regulation.","sortOrder":9},{"sectionNumber":"sec.8","sectionType":"section","heading":"Applying ADG Code to this regulation","content":"### sec.8 Applying ADG Code to this regulation\n\nFor applying the ADG Code to this regulation, a reference in the code to competent authority in relation to the State is taken, if the context permits, to be a reference to the chief executive.","sortOrder":10},{"sectionNumber":"sec.9","sectionType":"section","heading":"References to codes, standards and rules","content":"### sec.9 References to codes, standards and rules\n\nIn this regulation, a reference to an instrument includes a reference to another instrument as applied or adopted by, or incorporated in, the first instrument.\nIn this section—\ninstrument means a code, standard or rule, whether made in or outside Australia, relating to dangerous goods or transport by road or rail, and includes a provision of an instrument.\n(sec.9-ssec.1) In this regulation, a reference to an instrument includes a reference to another instrument as applied or adopted by, or incorporated in, the first instrument.\n(sec.9-ssec.2) In this section— instrument means a code, standard or rule, whether made in or outside Australia, relating to dangerous goods or transport by road or rail, and includes a provision of an instrument.","sortOrder":11},{"sectionNumber":"sec.10","sectionType":"section","heading":"Inconsistency between regulation and other instruments","content":"### sec.10 Inconsistency between regulation and other instruments\n\nThis section applies if—\nthis regulation applies, adopts or incorporates an instrument; and\nthere is an inconsistency between a provision of this regulation and the instrument as applied, adopted or incorporated.\nThe provision of this regulation prevails to the extent of the inconsistency.\nDespite subsection (2) , if a provision of the instrument uses a term that is defined in both the instrument and in this regulation, the provision must be interpreted as if the term had the meaning stated in the instrument, unless the contrary intention appears.\nIn this section—\ninstrument means a code, standard or rule, whether made in or outside Australia, relating to dangerous goods or transport by road.\n(sec.10-ssec.1) This section applies if— this regulation applies, adopts or incorporates an instrument; and there is an inconsistency between a provision of this regulation and the instrument as applied, adopted or incorporated.\n(sec.10-ssec.2) The provision of this regulation prevails to the extent of the inconsistency.\n(sec.10-ssec.3) Despite subsection (2) , if a provision of the instrument uses a term that is defined in both the instrument and in this regulation, the provision must be interpreted as if the term had the meaning stated in the instrument, unless the contrary intention appears.\n(sec.10-ssec.4) In this section— instrument means a code, standard or rule, whether made in or outside Australia, relating to dangerous goods or transport by road.\n- (a) this regulation applies, adopts or incorporates an instrument; and\n- (b) there is an inconsistency between a provision of this regulation and the instrument as applied, adopted or incorporated.","sortOrder":12},{"sectionNumber":"sec.11","sectionType":"section","heading":"References to determinations, exemptions, approvals and licences","content":"### sec.11 References to determinations, exemptions, approvals and licences\n\nIn this regulation, a reference to—\na determination, exemption, approval, dangerous goods driver licence or dangerous goods vehicle licence; or\na corresponding determination, corresponding exemption, corresponding approval, corresponding dangerous goods driver licence or corresponding dangerous goods vehicle licence;\nincludes a reference to the determination, exemption, approval or licence as amended.\n- (a) a determination, exemption, approval, dangerous goods driver licence or dangerous goods vehicle licence; or\n- (b) a corresponding determination, corresponding exemption, corresponding approval, corresponding dangerous goods driver licence or corresponding dangerous goods vehicle licence;","sortOrder":13},{"sectionNumber":"sec.12","sectionType":"section","heading":"References to amendment of particular instruments","content":"### sec.12 References to amendment of particular instruments\n\nIn this regulation, a reference to an amendment of—\na determination, exemption, approval, dangerous goods driver licence or dangerous goods vehicle licence; or\na corresponding determination, corresponding exemption, corresponding approval, corresponding dangerous goods driver licence or corresponding dangerous goods vehicle licence;\nincludes a reference to an amendment by addition, omission or substitution.\nthe addition of a new condition to an existing administrative determination\n- (a) a determination, exemption, approval, dangerous goods driver licence or dangerous goods vehicle licence; or\n- (b) a corresponding determination, corresponding exemption, corresponding approval, corresponding dangerous goods driver licence or corresponding dangerous goods vehicle licence;","sortOrder":14},{"sectionNumber":"sec.13","sectionType":"section","heading":"References to road","content":"### sec.13 References to road\n\nEach reference in this regulation to a road includes a reference to a road-related area.","sortOrder":15},{"sectionNumber":"sec.14","sectionType":"section","heading":"References to load","content":"### sec.14 References to load\n\nFor this regulation, all the goods in or on a vehicle are a single load, even if the vehicle is transporting more than 1 cargo transport unit.","sortOrder":16},{"sectionNumber":"sec.15","sectionType":"section","heading":"Meaning of bulk container","content":"### sec.15 Meaning of bulk container\n\nA bulk container is a system for containing solid substances, including any liner or coating, that—\nis designed for transporting solid substances which are in direct contact with the system; and\nis of a permanent character suitable for repeated use; and\nis designed to facilitate the transport of solid substances by 1 or more modes of transport, without the need for the substances to be unloaded and reloaded when transferred from one mode to another; and\nis fitted with devices that permit ready handling; and\nhas a capacity of not less than 1m ³ .\nfreight containers, offshore bulk containers, skips, bulk bins, swap bodies, trough-shaped containers, roller containers, load compartments of vehicles and flexible containers\nHowever, an IBC, large packaging or a portable tank is not a bulk container.\ns 15 sub 2023 SL No. 24 s 19\n(sec.15-ssec.1) A bulk container is a system for containing solid substances, including any liner or coating, that— is designed for transporting solid substances which are in direct contact with the system; and is of a permanent character suitable for repeated use; and is designed to facilitate the transport of solid substances by 1 or more modes of transport, without the need for the substances to be unloaded and reloaded when transferred from one mode to another; and is fitted with devices that permit ready handling; and has a capacity of not less than 1m ³ . freight containers, offshore bulk containers, skips, bulk bins, swap bodies, trough-shaped containers, roller containers, load compartments of vehicles and flexible containers\n(sec.15-ssec.2) However, an IBC, large packaging or a portable tank is not a bulk container.\n- (a) is designed for transporting solid substances which are in direct contact with the system; and\n- (b) is of a permanent character suitable for repeated use; and\n- (c) is designed to facilitate the transport of solid substances by 1 or more modes of transport, without the need for the substances to be unloaded and reloaded when transferred from one mode to another; and\n- (d) is fitted with devices that permit ready handling; and\n- (e) has a capacity of not less than 1m ³ . Examples of bulk containers— freight containers, offshore bulk containers, skips, bulk bins, swap bodies, trough-shaped containers, roller containers, load compartments of vehicles and flexible containers","sortOrder":17},{"sectionNumber":"sec.16","sectionType":"section","heading":"Meaning of intermediate bulk container","content":"### sec.16 Meaning of intermediate bulk container\n\nIntermediate bulk container means a rigid or flexible portable packaging for the transport of dangerous goods that complies with the requirements of chapter 6.5 of the ADG Code and that—\nhas a capacity of not more than—\nfor solids of packing group I packed in a composite, fibreboard, flexible, wooden, or rigid plastics container—1,500L; or\nfor solids of packing group I packed in a metal container—3,000L; or\nfor solids or liquids of packing groups II and III—3,000L; and\nis designed for mechanical handling.\nHowever, rigid or flexible portable packaging complying with the requirements of chapter 6.1 , 6.3 or 6.6 of the ADG Code is not an intermediate bulk container.\n(sec.16-ssec.1) Intermediate bulk container means a rigid or flexible portable packaging for the transport of dangerous goods that complies with the requirements of chapter 6.5 of the ADG Code and that— has a capacity of not more than— for solids of packing group I packed in a composite, fibreboard, flexible, wooden, or rigid plastics container—1,500L; or for solids of packing group I packed in a metal container—3,000L; or for solids or liquids of packing groups II and III—3,000L; and is designed for mechanical handling.\n(sec.16-ssec.2) However, rigid or flexible portable packaging complying with the requirements of chapter 6.1 , 6.3 or 6.6 of the ADG Code is not an intermediate bulk container.\n- (a) has a capacity of not more than— (i) for solids of packing group I packed in a composite, fibreboard, flexible, wooden, or rigid plastics container—1,500L; or (ii) for solids of packing group I packed in a metal container—3,000L; or (iii) for solids or liquids of packing groups II and III—3,000L; and\n- (i) for solids of packing group I packed in a composite, fibreboard, flexible, wooden, or rigid plastics container—1,500L; or\n- (ii) for solids of packing group I packed in a metal container—3,000L; or\n- (iii) for solids or liquids of packing groups II and III—3,000L; and\n- (b) is designed for mechanical handling.\n- (i) for solids of packing group I packed in a composite, fibreboard, flexible, wooden, or rigid plastics container—1,500L; or\n- (ii) for solids of packing group I packed in a metal container—3,000L; or\n- (iii) for solids or liquids of packing groups II and III—3,000L; and","sortOrder":18},{"sectionNumber":"sec.17","sectionType":"section","heading":"Meaning of multiple-element gas container","content":"### sec.17 Meaning of multiple-element gas container\n\nMultiple-element gas container means—\nmultimodal assemblies of cylinders, tubes or bundles of cylinders that are interconnected by a manifold and assembled within a framework; and\nservice equipment or structural equipment necessary for the transport of gases in the cylinders or tubes.\n- (a) multimodal assemblies of cylinders, tubes or bundles of cylinders that are interconnected by a manifold and assembled within a framework; and\n- (b) service equipment or structural equipment necessary for the transport of gases in the cylinders or tubes.","sortOrder":19},{"sectionNumber":"sec.18","sectionType":"section","heading":"References to tank","content":"### sec.18 References to tank\n\nUnless the context otherwise requires, a reference in this regulation to a tank is a reference to a portable tank, a tank vehicle, or a receptacle used to contain a solid, liquid or gas.\nHowever, a reference to a tank includes an item mentioned in subsection (1) that is used to transport a gas only if the item has a capacity of not less than 450L.\nIn this section—\ngas has the meaning given by section 2.2.1.1 of the ADG Code.\ns 18 sub 2023 SL No. 24 s 20\n(sec.18-ssec.1) Unless the context otherwise requires, a reference in this regulation to a tank is a reference to a portable tank, a tank vehicle, or a receptacle used to contain a solid, liquid or gas.\n(sec.18-ssec.2) However, a reference to a tank includes an item mentioned in subsection (1) that is used to transport a gas only if the item has a capacity of not less than 450L.\n(sec.18-ssec.3) In this section— gas has the meaning given by section 2.2.1.1 of the ADG Code.","sortOrder":20},{"sectionNumber":"sec.19","sectionType":"section","heading":"When dangerous goods are packed in limited quantities","content":"### sec.19 When dangerous goods are packed in limited quantities\n\nDangerous goods are packed in limited quantities if—\nthe goods are packed in accordance with chapter 3.4 of the ADG Code; and\nthe quantity of dangerous goods in each inner packaging or in each article is not more than the quantity stated, or referred to, in column 7a of the dangerous goods list for the goods.\n- (a) the goods are packed in accordance with chapter 3.4 of the ADG Code; and\n- (b) the quantity of dangerous goods in each inner packaging or in each article is not more than the quantity stated, or referred to, in column 7a of the dangerous goods list for the goods.","sortOrder":21},{"sectionNumber":"sec.19A","sectionType":"section","heading":"When dangerous goods are packed in excepted quantities","content":"### sec.19A When dangerous goods are packed in excepted quantities\n\nDangerous goods are packed in excepted quantities if—\nthe goods are assigned to code E1, E2, E3, E4 or E5 in column 7b of the dangerous goods list; and\nthe goods are packed in accordance with chapter 3.5 of the ADG Code; and\nthe quantity of dangerous goods does not exceed the quantity specified in section 3.5.1.2 of the ADG Code.\ns 19A ins 2020 SL No. 220 s 20\n- (a) the goods are assigned to code E1, E2, E3, E4 or E5 in column 7b of the dangerous goods list; and\n- (b) the goods are packed in accordance with chapter 3.5 of the ADG Code; and\n- (c) the quantity of dangerous goods does not exceed the quantity specified in section 3.5.1.2 of the ADG Code.","sortOrder":22},{"sectionNumber":"pt.1-div.3","sectionType":"division","heading":"Instruction and training","content":"## Instruction and training","sortOrder":23},{"sectionNumber":"sec.20","sectionType":"section","heading":"Instruction and training","content":"### sec.20 Instruction and training\n\nThis section applies in relation to a task involved in the transport of dangerous goods, including the following—\npacking dangerous goods;\nconsigning dangerous goods;\nloading dangerous goods;\nunloading dangerous goods;\nhandling a fumigated cargo transport unit;\nmarking a package containing dangerous goods;\nplacarding a placard load;\npreparing transport documentation;\nmaintaining vehicles and equipment used in the transport of dangerous goods;\ndriving a vehicle transporting dangerous goods;\nbeing the consignee of dangerous goods;\nfollowing the procedures required under part 14 in a dangerous situation.\nA person who is responsible for managing or controlling the task must not employ, engage or permit someone else (the worker ) to perform the task unless the worker—\nhas received instruction, and has satisfactorily finished training, specific to the task; or\nis—\nreceiving instruction and training specific to the task; and\nappropriately supervised in doing the task by a person who has received instruction, and has satisfactorily finished training, specific to the task;\nto enable the worker to do the task safely and in compliance with this regulation.\nMaximum penalty—40 penalty units.\nA person must not manage, control or supervise the task unless the person has received instruction, and has satisfactorily finished training, specific to the task to enable the person to manage, control or supervise someone else to perform the task safely and in compliance with this regulation.\nMaximum penalty—40 penalty units.\nSubsection (5) applies if a person responsible for managing or controlling the task claims that—\na person employed, engaged or permitted to do the task; or\na person who supervised a person employed, engaged or permitted to do the task;\nhas received instruction, and has satisfactorily finished training, specific to the task.\nThe chief executive may give the person responsible for managing or controlling the task a written notice asking the person, within 14 days after receiving the notice, to give the chief executive written evidence of the instruction and the satisfactory finishing of the training.\nA person given a notice under subsection (5) must comply with the notice, unless the person has a reasonable excuse.\nMaximum penalty—15 penalty units.\n(sec.20-ssec.1) This section applies in relation to a task involved in the transport of dangerous goods, including the following— packing dangerous goods; consigning dangerous goods; loading dangerous goods; unloading dangerous goods; handling a fumigated cargo transport unit; marking a package containing dangerous goods; placarding a placard load; preparing transport documentation; maintaining vehicles and equipment used in the transport of dangerous goods; driving a vehicle transporting dangerous goods; being the consignee of dangerous goods; following the procedures required under part 14 in a dangerous situation.\n(sec.20-ssec.2) A person who is responsible for managing or controlling the task must not employ, engage or permit someone else (the worker ) to perform the task unless the worker— has received instruction, and has satisfactorily finished training, specific to the task; or is— receiving instruction and training specific to the task; and appropriately supervised in doing the task by a person who has received instruction, and has satisfactorily finished training, specific to the task; to enable the worker to do the task safely and in compliance with this regulation. Maximum penalty—40 penalty units.\n(sec.20-ssec.3) A person must not manage, control or supervise the task unless the person has received instruction, and has satisfactorily finished training, specific to the task to enable the person to manage, control or supervise someone else to perform the task safely and in compliance with this regulation. Maximum penalty—40 penalty units.\n(sec.20-ssec.4) Subsection (5) applies if a person responsible for managing or controlling the task claims that— a person employed, engaged or permitted to do the task; or a person who supervised a person employed, engaged or permitted to do the task; has received instruction, and has satisfactorily finished training, specific to the task.\n(sec.20-ssec.5) The chief executive may give the person responsible for managing or controlling the task a written notice asking the person, within 14 days after receiving the notice, to give the chief executive written evidence of the instruction and the satisfactory finishing of the training.\n(sec.20-ssec.6) A person given a notice under subsection (5) must comply with the notice, unless the person has a reasonable excuse. Maximum penalty—15 penalty units.\n- (a) packing dangerous goods;\n- (b) consigning dangerous goods;\n- (c) loading dangerous goods;\n- (d) unloading dangerous goods;\n- (e) handling a fumigated cargo transport unit;\n- (f) marking a package containing dangerous goods;\n- (g) placarding a placard load;\n- (h) preparing transport documentation;\n- (i) maintaining vehicles and equipment used in the transport of dangerous goods;\n- (j) driving a vehicle transporting dangerous goods;\n- (k) being the consignee of dangerous goods;\n- (l) following the procedures required under part 14 in a dangerous situation.\n- (a) has received instruction, and has satisfactorily finished training, specific to the task; or\n- (b) is— (i) receiving instruction and training specific to the task; and (ii) appropriately supervised in doing the task by a person who has received instruction, and has satisfactorily finished training, specific to the task;\n- (i) receiving instruction and training specific to the task; and\n- (ii) appropriately supervised in doing the task by a person who has received instruction, and has satisfactorily finished training, specific to the task;\n- (i) receiving instruction and training specific to the task; and\n- (ii) appropriately supervised in doing the task by a person who has received instruction, and has satisfactorily finished training, specific to the task;\n- (a) a person employed, engaged or permitted to do the task; or\n- (b) a person who supervised a person employed, engaged or permitted to do the task;","sortOrder":24},{"sectionNumber":"sec.21","sectionType":"section","heading":"Approvals—tests and training courses for drivers","content":"### sec.21 Approvals—tests and training courses for drivers\n\nThe chief executive may, on application under section 172 or on the chief executive’s own initiative, approve—\na test of competence for drivers of vehicles transporting dangerous goods; or\na training course for drivers of vehicles transporting dangerous goods.\nThe chief executive may approve a test of competence or a training course only if satisfied that a person who passes the test, or finishes the course, will have the skills and knowledge to perform the task to which the test or course relates safely and in compliance with this regulation.\n(sec.21-ssec.1) The chief executive may, on application under section 172 or on the chief executive’s own initiative, approve— a test of competence for drivers of vehicles transporting dangerous goods; or a training course for drivers of vehicles transporting dangerous goods.\n(sec.21-ssec.2) The chief executive may approve a test of competence or a training course only if satisfied that a person who passes the test, or finishes the course, will have the skills and knowledge to perform the task to which the test or course relates safely and in compliance with this regulation.\n- (a) a test of competence for drivers of vehicles transporting dangerous goods; or\n- (b) a training course for drivers of vehicles transporting dangerous goods.","sortOrder":25},{"sectionNumber":"pt.1-div.4","sectionType":"division","heading":"Goods suspected of being dangerous goods or goods too dangerous to be transported","content":"## Goods suspected of being dangerous goods or goods too dangerous to be transported","sortOrder":26},{"sectionNumber":"sec.22","sectionType":"section","heading":"Goods suspected of being dangerous goods or goods too dangerous to be transported","content":"### sec.22 Goods suspected of being dangerous goods or goods too dangerous to be transported\n\nIf it is not clear whether goods are dangerous goods or goods too dangerous to be transported, but a person suspects, or ought reasonably to suspect, that the goods are dangerous goods or goods too dangerous to be transported, the person must not consign or transport the goods until—\nthe goods have been classified in accordance with the ADG Code; or\na determination has been made that the goods are or are not—\ndangerous goods; or\ngoods too dangerous to be transported.\nMaximum penalty—40 penalty units.\n- (a) the goods have been classified in accordance with the ADG Code; or\n- (b) a determination has been made that the goods are or are not— (i) dangerous goods; or (ii) goods too dangerous to be transported.\n- (i) dangerous goods; or\n- (ii) goods too dangerous to be transported.\n- (i) dangerous goods; or\n- (ii) goods too dangerous to be transported.","sortOrder":27},{"sectionNumber":"pt.1-div.5","sectionType":"division","heading":"Determinations","content":"## Determinations","sortOrder":28},{"sectionNumber":"sec.23","sectionType":"section","heading":"Determinations about dangerous goods and packaging","content":"### sec.23 Determinations about dangerous goods and packaging\n\nThe chief executive may decide that goods are or are not—\ndangerous goods; or\ndangerous goods of a particular UN class, UN division or category; or\ndangerous goods with a particular subsidiary hazard; or\nsubstances of a particular packing group; or\nincompatible with particular dangerous goods.\nThe chief executive may decide that—\nparticular goods are or are not goods too dangerous to be transported; or\nparticular dangerous goods may be or must not be transported in or on the same cargo transport unit as other goods, whether or not the other goods are dangerous goods; or\nparticular dangerous goods may be or must not be transported in particular packaging, despite a prohibition or authorisation in the dangerous goods list.\nA decision under subsection (1) or (2) —\nis a determination for this regulation; and\nmust be made by written notice.\nA notice under subsection (3) (b) is declared to be subordinate legislation under the Statutory Instruments Regulation 2022 , section 3 (3) and schedule 1 .\nSubsection (3) (b) does not apply to an administrative determination.\nSee also section 173 (1) .\ns 23 amd 2022 SL No. 113 s 7 sch 4\n(sec.23-ssec.1) The chief executive may decide that goods are or are not— dangerous goods; or dangerous goods of a particular UN class, UN division or category; or dangerous goods with a particular subsidiary hazard; or substances of a particular packing group; or incompatible with particular dangerous goods.\n(sec.23-ssec.2) The chief executive may decide that— particular goods are or are not goods too dangerous to be transported; or particular dangerous goods may be or must not be transported in or on the same cargo transport unit as other goods, whether or not the other goods are dangerous goods; or particular dangerous goods may be or must not be transported in particular packaging, despite a prohibition or authorisation in the dangerous goods list.\n(sec.23-ssec.3) A decision under subsection (1) or (2) — is a determination for this regulation; and must be made by written notice. A notice under subsection (3) (b) is declared to be subordinate legislation under the Statutory Instruments Regulation 2022 , section 3 (3) and schedule 1 .\n(sec.23-ssec.4) Subsection (3) (b) does not apply to an administrative determination. See also section 173 (1) .\n- (a) dangerous goods; or\n- (b) dangerous goods of a particular UN class, UN division or category; or\n- (c) dangerous goods with a particular subsidiary hazard; or\n- (d) substances of a particular packing group; or\n- (e) incompatible with particular dangerous goods.\n- (a) particular goods are or are not goods too dangerous to be transported; or\n- (b) particular dangerous goods may be or must not be transported in or on the same cargo transport unit as other goods, whether or not the other goods are dangerous goods; or\n- (c) particular dangerous goods may be or must not be transported in particular packaging, despite a prohibition or authorisation in the dangerous goods list.\n- (a) is a determination for this regulation; and\n- (b) must be made by written notice. Note— A notice under subsection (3) (b) is declared to be subordinate legislation under the Statutory Instruments Regulation 2022 , section 3 (3) and schedule 1 .","sortOrder":29},{"sectionNumber":"sec.24","sectionType":"section","heading":"Determinations about vehicles, routes, areas and other matters","content":"### sec.24 Determinations about vehicles, routes, areas and other matters\n\nThe chief executive may decide that particular dangerous goods may, must or must not be transported—\nusing a stated vehicle, or kind of vehicle; or\non a stated route; or\nin or through a stated area; or\nat a stated time; or\nin quantities more than a stated amount; or\nin stated packaging.\nA decision under subsection (1) —\nis a determination for this regulation; and\nmust be made by written notice.\nA notice under subsection (2) (b) is declared to be subordinate legislation under the Statutory Instruments Regulation 2022 , section 3 (3) and schedule 1 .\nSubsection (2) (b) does not apply to an administrative determination.\nSee also section 173 (1) .\ns 24 amd 2022 SL No. 113 s 7 sch 4\n(sec.24-ssec.1) The chief executive may decide that particular dangerous goods may, must or must not be transported— using a stated vehicle, or kind of vehicle; or on a stated route; or in or through a stated area; or at a stated time; or in quantities more than a stated amount; or in stated packaging.\n(sec.24-ssec.2) A decision under subsection (1) — is a determination for this regulation; and must be made by written notice. A notice under subsection (2) (b) is declared to be subordinate legislation under the Statutory Instruments Regulation 2022 , section 3 (3) and schedule 1 .\n(sec.24-ssec.3) Subsection (2) (b) does not apply to an administrative determination. See also section 173 (1) .\n- (a) using a stated vehicle, or kind of vehicle; or\n- (b) on a stated route; or\n- (c) in or through a stated area; or\n- (d) at a stated time; or\n- (e) in quantities more than a stated amount; or\n- (f) in stated packaging.\n- (a) is a determination for this regulation; and\n- (b) must be made by written notice. Note— A notice under subsection (2) (b) is declared to be subordinate legislation under the Statutory Instruments Regulation 2022 , section 3 (3) and schedule 1 .","sortOrder":30},{"sectionNumber":"sec.25","sectionType":"section","heading":"Administrative determinations— Act , sch 4 , definition administrative determination","content":"### sec.25 Administrative determinations— Act , sch 4 , definition administrative determination\n\nFor schedule 4 of the Act , definition administrative determination , a determination is an administrative determination if—\nthe determination—\nis made on the application of a person; and\napplies to the person or the person and other persons named in the application; or\nthe determination—\nis made on the initiative of the chief executive; and\napplies to 1 or more persons named in the determination; and\ndoes not impose an obligation on a person, other than a condition that applies if action is taken on the basis of the determination.\nSee part 17 for provisions about administrative determinations, including applications for, and amendment of, administrative determinations.\nSee also chapter 3 , part 1A of the Act .\n- (a) the determination— (i) is made on the application of a person; and (ii) applies to the person or the person and other persons named in the application; or\n- (i) is made on the application of a person; and\n- (ii) applies to the person or the person and other persons named in the application; or\n- (b) the determination— (i) is made on the initiative of the chief executive; and (ii) applies to 1 or more persons named in the determination; and (iii) does not impose an obligation on a person, other than a condition that applies if action is taken on the basis of the determination.\n- (i) is made on the initiative of the chief executive; and\n- (ii) applies to 1 or more persons named in the determination; and\n- (iii) does not impose an obligation on a person, other than a condition that applies if action is taken on the basis of the determination.\n- (i) is made on the application of a person; and\n- (ii) applies to the person or the person and other persons named in the application; or\n- (i) is made on the initiative of the chief executive; and\n- (ii) applies to 1 or more persons named in the determination; and\n- (iii) does not impose an obligation on a person, other than a condition that applies if action is taken on the basis of the determination.\n- 1 See part 17 for provisions about administrative determinations, including applications for, and amendment of, administrative determinations.\n- 2 See also chapter 3 , part 1A of the Act .","sortOrder":31},{"sectionNumber":"sec.26","sectionType":"section","heading":"Determinations may be subject to conditions","content":"### sec.26 Determinations may be subject to conditions\n\nIn making a determination, the chief executive may impose on the determination any condition necessary for the safe transport of dangerous goods.\nA person to whom a determination applies must not contravene a condition of the determination.\nMaximum penalty—40 penalty units.\n(sec.26-ssec.1) In making a determination, the chief executive may impose on the determination any condition necessary for the safe transport of dangerous goods.\n(sec.26-ssec.2) A person to whom a determination applies must not contravene a condition of the determination. Maximum penalty—40 penalty units.","sortOrder":32},{"sectionNumber":"sec.27","sectionType":"section","heading":"Effect of determinations on contrary obligations under this regulation","content":"### sec.27 Effect of determinations on contrary obligations under this regulation\n\nIf this regulation imposes an obligation on a person, and the person is authorised or permitted to act contrary to that obligation by a determination, the obligation must be read as if it stated that the person could fulfil the obligation by acting in compliance with the determination.\nIn this section—\nobligation includes duty and requirement.\n(sec.27-ssec.1) If this regulation imposes an obligation on a person, and the person is authorised or permitted to act contrary to that obligation by a determination, the obligation must be read as if it stated that the person could fulfil the obligation by acting in compliance with the determination.\n(sec.27-ssec.2) In this section— obligation includes duty and requirement.","sortOrder":33},{"sectionNumber":"sec.28","sectionType":"section","heading":"Register of determinations","content":"### sec.28 Register of determinations\n\nThe chief executive must—\nkeep a register of determinations; and\nwith other dangerous goods authorities, keep a central register of corresponding determinations.\nA register kept under subsection (1) may have separate divisions for different kinds of determinations.\nThe chief executive must record each determination in the register kept under subsection (1) (a) .\nThe chief executive must note the amendment, suspension or cancellation of a determination in the register kept under subsection (1) (a) .\nIn this section—\ncorresponding determination includes a determination under this regulation that the competent authorities panel has decided should have effect in 1 or more other participating jurisdictions.\n(sec.28-ssec.1) The chief executive must— keep a register of determinations; and with other dangerous goods authorities, keep a central register of corresponding determinations.\n(sec.28-ssec.2) A register kept under subsection (1) may have separate divisions for different kinds of determinations.\n(sec.28-ssec.3) The chief executive must record each determination in the register kept under subsection (1) (a) .\n(sec.28-ssec.4) The chief executive must note the amendment, suspension or cancellation of a determination in the register kept under subsection (1) (a) .\n(sec.28-ssec.5) In this section— corresponding determination includes a determination under this regulation that the competent authorities panel has decided should have effect in 1 or more other participating jurisdictions.\n- (a) keep a register of determinations; and\n- (b) with other dangerous goods authorities, keep a central register of corresponding determinations.","sortOrder":34},{"sectionNumber":"sec.29","sectionType":"section","heading":"Records of determinations","content":"### sec.29 Records of determinations\n\nThe record of a determination in the register kept under section 28 (1) (a) must include—\nthe provisions of the determination; or\nthe following information—\nfor a determination other than an administrative determination—the title of the gazette and the day the determination is gazetted;\nthe provisions of this regulation, and of the ADG Code, to which the determination relates;\nthe dangerous goods, equipment, packaging, vehicle or other thing to which the determination relates.\n- (a) the provisions of the determination; or\n- (b) the following information— (i) for a determination other than an administrative determination—the title of the gazette and the day the determination is gazetted; (ii) the provisions of this regulation, and of the ADG Code, to which the determination relates; (iii) the dangerous goods, equipment, packaging, vehicle or other thing to which the determination relates.\n- (i) for a determination other than an administrative determination—the title of the gazette and the day the determination is gazetted;\n- (ii) the provisions of this regulation, and of the ADG Code, to which the determination relates;\n- (iii) the dangerous goods, equipment, packaging, vehicle or other thing to which the determination relates.\n- (i) for a determination other than an administrative determination—the title of the gazette and the day the determination is gazetted;\n- (ii) the provisions of this regulation, and of the ADG Code, to which the determination relates;\n- (iii) the dangerous goods, equipment, packaging, vehicle or other thing to which the determination relates.","sortOrder":35},{"sectionNumber":"sec.30","sectionType":"section","heading":"Offence to do anything prohibited or regulated by determinations","content":"### sec.30 Offence to do anything prohibited or regulated by determinations\n\nIf a determination prohibits or regulates the doing of something, a person to whom the determination applies must not do the thing contrary to the determination.\nMaximum penalty—40 penalty units.\nIt is a defence to a prosecution for an offence against subsection (1) that the person did not know, and could not reasonably have been expected to know, of the determination, or that the determination applied to the person.\n(sec.30-ssec.1) If a determination prohibits or regulates the doing of something, a person to whom the determination applies must not do the thing contrary to the determination. Maximum penalty—40 penalty units.\n(sec.30-ssec.2) It is a defence to a prosecution for an offence against subsection (1) that the person did not know, and could not reasonably have been expected to know, of the determination, or that the determination applied to the person.","sortOrder":36},{"sectionNumber":"pt.1-div.6","sectionType":"division","heading":"Non-participating jurisdictions","content":"## Non-participating jurisdictions","sortOrder":37},{"sectionNumber":"sec.31","sectionType":"section","heading":"Declaration of non-participating dangerous goods jurisdictions","content":"### sec.31 Declaration of non-participating dangerous goods jurisdictions\n\nA State is not a participating dangerous goods jurisdiction if—\nthe Ministerial Council decides the law of the State does not include provisions having the same, or substantially the same, effect as the model legislation ; and\nthe Minister, by gazette notice, declares the State is not a participating dangerous goods jurisdiction.\nIn this section—\nmodel legislation means the model legislation called—\nthe ‘Model Act on the Transport of Dangerous Goods by Road or Rail’, as amended and approved by the Ministerial Council from time to time; and\nthe ‘Model Subordinate Instrument on the Transport of Dangerous Goods by Road or Rail’, as amended and approved by the Ministerial Council from time to time.\nThe model legislation is available on the Australasian Parliamentary Counsel’s Committee website.\ns 31 amd 2023 SL No. 24 s 21\n(sec.31-ssec.1) A State is not a participating dangerous goods jurisdiction if— the Ministerial Council decides the law of the State does not include provisions having the same, or substantially the same, effect as the model legislation ; and the Minister, by gazette notice, declares the State is not a participating dangerous goods jurisdiction.\n(sec.31-ssec.2) In this section— model legislation means the model legislation called— the ‘Model Act on the Transport of Dangerous Goods by Road or Rail’, as amended and approved by the Ministerial Council from time to time; and the ‘Model Subordinate Instrument on the Transport of Dangerous Goods by Road or Rail’, as amended and approved by the Ministerial Council from time to time. The model legislation is available on the Australasian Parliamentary Counsel’s Committee website.\n- (a) the Ministerial Council decides the law of the State does not include provisions having the same, or substantially the same, effect as the model legislation ; and\n- (b) the Minister, by gazette notice, declares the State is not a participating dangerous goods jurisdiction.\n- (a) the ‘Model Act on the Transport of Dangerous Goods by Road or Rail’, as amended and approved by the Ministerial Council from time to time; and\n- (b) the ‘Model Subordinate Instrument on the Transport of Dangerous Goods by Road or Rail’, as amended and approved by the Ministerial Council from time to time.","sortOrder":38},{"sectionNumber":"pt.2","sectionType":"part","heading":"Key concepts","content":"# Key concepts","sortOrder":39},{"sectionNumber":"sec.32","sectionType":"section","heading":"Dangerous goods— Act , sch 4 , definition dangerous goods","content":"### sec.32 Dangerous goods— Act , sch 4 , definition dangerous goods\n\nFor schedule 4 of the Act , definition dangerous goods , goods are dangerous goods if—\nthe chief executive has made a determination that the goods are dangerous goods; or\nthe goods satisfy the criteria stated, or referred to, in part 2 of the ADG Code.\nHowever, goods that satisfy the criteria stated, or referred to, in part 2 of the ADG Code are not dangerous goods if—\nthe chief executive has made a determination that the goods are not dangerous goods; or\nthe goods are described as not subject to the ADG Code in a special provision in chapter 3.3 of the ADG Code that is applied to the goods under column 6 of the dangerous goods list, and any condition included in that description is met.\ns 32 amd 2023 SL No. 24 s 22\n(sec.32-ssec.1) For schedule 4 of the Act , definition dangerous goods , goods are dangerous goods if— the chief executive has made a determination that the goods are dangerous goods; or the goods satisfy the criteria stated, or referred to, in part 2 of the ADG Code.\n(sec.32-ssec.2) However, goods that satisfy the criteria stated, or referred to, in part 2 of the ADG Code are not dangerous goods if— the chief executive has made a determination that the goods are not dangerous goods; or the goods are described as not subject to the ADG Code in a special provision in chapter 3.3 of the ADG Code that is applied to the goods under column 6 of the dangerous goods list, and any condition included in that description is met.\n- (a) the chief executive has made a determination that the goods are dangerous goods; or\n- (b) the goods satisfy the criteria stated, or referred to, in part 2 of the ADG Code.\n- (a) the chief executive has made a determination that the goods are not dangerous goods; or\n- (b) the goods are described as not subject to the ADG Code in a special provision in chapter 3.3 of the ADG Code that is applied to the goods under column 6 of the dangerous goods list, and any condition included in that description is met.","sortOrder":40},{"sectionNumber":"sec.33","sectionType":"section","heading":"Goods too dangerous to be transported— Act , sch 4 , definition goods too dangerous to be transported","content":"### sec.33 Goods too dangerous to be transported— Act , sch 4 , definition goods too dangerous to be transported\n\nFor schedule 4 of the Act , definition goods too dangerous to be transported , goods are goods too dangerous to be transported if—\nthe goods are stated or described in appendix A to the ADG Code; or\nthe chief executive has made a determination that the goods are goods too dangerous to be transported; or\nthe goods are so sensitive or unstable that they can not be safely transported even if the relevant requirements of this regulation and the ADG Code are complied with.\n- (a) the goods are stated or described in appendix A to the ADG Code; or\n- (b) the chief executive has made a determination that the goods are goods too dangerous to be transported; or\n- (c) the goods are so sensitive or unstable that they can not be safely transported even if the relevant requirements of this regulation and the ADG Code are complied with.","sortOrder":41},{"sectionNumber":"sec.34","sectionType":"section","heading":"UN classes, UN divisions and categories of dangerous goods","content":"### sec.34 UN classes, UN divisions and categories of dangerous goods\n\nIn this regulation, the UN class, UN division or category of particular dangerous goods is—\nif a determination that the goods are of a particular UN class, UN division or category is in effect—the UN class, UN division or category stated in the determination; or\notherwise—the UN class, UN division or category for the goods worked out using the ADG Code.\nThere are 9 classes of dangerous goods under the UN classification system and some of the classes are divided into divisions and some of the divisions are divided into categories. For example, UN division 6.2 (infectious substances) is divided into—\ncategory A (substances transported in a form that, if exposure occurs, can cause permanent disability or life-threatening or fatal disease to humans or animals); and\ncategory B (infectious substance which does not meet the criteria for inclusion in category A).\nFor the UN class or UN division for dangerous goods listed in the dangerous goods list, see column 3 of the list and any special provision of chapter 3.3 of the ADG Code applied to the goods under column 6 of the list.\nFor the category of dangerous goods listed in the dangerous goods list, see part 2 of the ADG Code and any special provision of chapter 3.3 of the code applied to the goods under column 6 of the list.\n- (a) if a determination that the goods are of a particular UN class, UN division or category is in effect—the UN class, UN division or category stated in the determination; or\n- (b) otherwise—the UN class, UN division or category for the goods worked out using the ADG Code.\n- 1 There are 9 classes of dangerous goods under the UN classification system and some of the classes are divided into divisions and some of the divisions are divided into categories. For example, UN division 6.2 (infectious substances) is divided into— (a) category A (substances transported in a form that, if exposure occurs, can cause permanent disability or life-threatening or fatal disease to humans or animals); and (b) category B (infectious substance which does not meet the criteria for inclusion in category A).\n- (a) category A (substances transported in a form that, if exposure occurs, can cause permanent disability or life-threatening or fatal disease to humans or animals); and\n- (b) category B (infectious substance which does not meet the criteria for inclusion in category A).\n- 2 For the UN class or UN division for dangerous goods listed in the dangerous goods list, see column 3 of the list and any special provision of chapter 3.3 of the ADG Code applied to the goods under column 6 of the list.\n- 3 For the category of dangerous goods listed in the dangerous goods list, see part 2 of the ADG Code and any special provision of chapter 3.3 of the code applied to the goods under column 6 of the list.\n- (a) category A (substances transported in a form that, if exposure occurs, can cause permanent disability or life-threatening or fatal disease to humans or animals); and\n- (b) category B (infectious substance which does not meet the criteria for inclusion in category A).","sortOrder":42},{"sectionNumber":"sec.35","sectionType":"section","heading":"Subsidiary hazards","content":"### sec.35 Subsidiary hazards\n\nIn this regulation, the subsidiary hazard of particular dangerous goods is—\nif a determination that the goods have a particular subsidiary hazard is in effect—the subsidiary hazard stated in the determination; or\notherwise—the subsidiary hazard for the goods worked out using the ADG Code.\nIf dangerous goods are able to be assigned to more than one UN class (or more than one UN division), the goods are assigned a subsidiary hazard which is the other UN class or classes (or UN division or divisions) to which the goods also belong.\nFor the subsidiary hazard of dangerous goods listed in the dangerous goods list, see column 4 of the list and any special provision of chapter 3.3 of the ADG Code applied to the goods under column 6 of the list.\n- (a) if a determination that the goods have a particular subsidiary hazard is in effect—the subsidiary hazard stated in the determination; or\n- (b) otherwise—the subsidiary hazard for the goods worked out using the ADG Code.\n- 1 If dangerous goods are able to be assigned to more than one UN class (or more than one UN division), the goods are assigned a subsidiary hazard which is the other UN class or classes (or UN division or divisions) to which the goods also belong.\n- 2 For the subsidiary hazard of dangerous goods listed in the dangerous goods list, see column 4 of the list and any special provision of chapter 3.3 of the ADG Code applied to the goods under column 6 of the list.","sortOrder":43},{"sectionNumber":"sec.36","sectionType":"section","heading":"Packing groups","content":"### sec.36 Packing groups\n\nIn this regulation, the packing group for particular dangerous goods is—\nif a determination that the goods are of a particular packing group is in effect—the packing group stated in the determination; or\notherwise—the packing group for the goods worked out using the ADG Code.\nDangerous goods are assigned to a packing group to indicate the degree of danger, and the level of containment required, for the goods. The packing groups, and the degree of danger they indicate, are—\npacking group I (substances presenting high danger); and\npacking group II (substances presenting medium danger); and\npacking group III (substances presenting low danger).\nFor the packing group for dangerous goods listed in the dangerous goods list, see column 5 of the list and any special provision of chapter 3.3 of the ADG Code applied to the goods under column 6 of the list.\n- (a) if a determination that the goods are of a particular packing group is in effect—the packing group stated in the determination; or\n- (b) otherwise—the packing group for the goods worked out using the ADG Code.\n- 1 Dangerous goods are assigned to a packing group to indicate the degree of danger, and the level of containment required, for the goods. The packing groups, and the degree of danger they indicate, are— (a) packing group I (substances presenting high danger); and (b) packing group II (substances presenting medium danger); and (c) packing group III (substances presenting low danger).\n- (a) packing group I (substances presenting high danger); and\n- (b) packing group II (substances presenting medium danger); and\n- (c) packing group III (substances presenting low danger).\n- 2 For the packing group for dangerous goods listed in the dangerous goods list, see column 5 of the list and any special provision of chapter 3.3 of the ADG Code applied to the goods under column 6 of the list.\n- (a) packing group I (substances presenting high danger); and\n- (b) packing group II (substances presenting medium danger); and\n- (c) packing group III (substances presenting low danger).","sortOrder":44},{"sectionNumber":"sec.37","sectionType":"section","heading":"Incompatibility","content":"### sec.37 Incompatibility\n\nDangerous goods or other goods are incompatible with dangerous goods if—\nthe goods are incompatible with the dangerous goods under chapter 9.1 of the ADG Code; or\nthe chief executive has made a determination that the goods are incompatible with the dangerous goods; or\nwhen the goods are mixed, or otherwise brought into contact, with the dangerous goods, the goods are likely to interact with the dangerous goods and increase risk because of the interaction.\nPackaging or equipment for use in the transport of dangerous goods is incompatible with the dangerous goods if a component of the packaging or equipment that is intended or likely to come into contact with the dangerous goods during transport—\nis likely to interact with the dangerous goods and increase risk because of the interaction; and\nis not protected from contact under foreseeable circumstances by a protective coating or by another effective way.\n(sec.37-ssec.1) Dangerous goods or other goods are incompatible with dangerous goods if— the goods are incompatible with the dangerous goods under chapter 9.1 of the ADG Code; or the chief executive has made a determination that the goods are incompatible with the dangerous goods; or when the goods are mixed, or otherwise brought into contact, with the dangerous goods, the goods are likely to interact with the dangerous goods and increase risk because of the interaction.\n(sec.37-ssec.2) Packaging or equipment for use in the transport of dangerous goods is incompatible with the dangerous goods if a component of the packaging or equipment that is intended or likely to come into contact with the dangerous goods during transport— is likely to interact with the dangerous goods and increase risk because of the interaction; and is not protected from contact under foreseeable circumstances by a protective coating or by another effective way.\n- (a) the goods are incompatible with the dangerous goods under chapter 9.1 of the ADG Code; or\n- (b) the chief executive has made a determination that the goods are incompatible with the dangerous goods; or\n- (c) when the goods are mixed, or otherwise brought into contact, with the dangerous goods, the goods are likely to interact with the dangerous goods and increase risk because of the interaction.\n- (a) is likely to interact with the dangerous goods and increase risk because of the interaction; and\n- (b) is not protected from contact under foreseeable circumstances by a protective coating or by another effective way.","sortOrder":45},{"sectionNumber":"pt.3","sectionType":"part","heading":"Transport of dangerous goods to which special provisions apply","content":"# Transport of dangerous goods to which special provisions apply","sortOrder":46},{"sectionNumber":"sec.38","sectionType":"section","heading":"Application of part","content":"### sec.38 Application of part\n\nThis part applies if a special provision prohibits the transport of dangerous goods or imposes a restriction on the way dangerous goods are to be transported.","sortOrder":47},{"sectionNumber":"sec.39","sectionType":"section","heading":"Definition for part","content":"### sec.39 Definition for part\n\nIn this part—\nspecial provision means a special provision of chapter 3.3 of the ADG Code applying to dangerous goods under column 6 of the dangerous goods list.","sortOrder":48},{"sectionNumber":"sec.40","sectionType":"section","heading":"Duty of consignors","content":"### sec.40 Duty of consignors\n\nA person must not consign the dangerous goods for transport if the person knows, or ought reasonably to know, that—\nthe special provision applies to the transport of the goods; and\nthe transport of the goods does not, or will not, comply with the special provision.\nMaximum penalty—20 penalty units.\n- (a) the special provision applies to the transport of the goods; and\n- (b) the transport of the goods does not, or will not, comply with the special provision.","sortOrder":49},{"sectionNumber":"sec.41","sectionType":"section","heading":"Duty of packers","content":"### sec.41 Duty of packers\n\nA person must not pack the dangerous goods for transport if the person knows, or ought reasonably to know, that—\nthe special provision applies to the transport of the goods; and\nthe transport of the goods does not, or will not, comply with the special provision.\nMaximum penalty—20 penalty units.\n- (a) the special provision applies to the transport of the goods; and\n- (b) the transport of the goods does not, or will not, comply with the special provision.","sortOrder":50},{"sectionNumber":"sec.42","sectionType":"section","heading":"Duty of loaders","content":"### sec.42 Duty of loaders\n\nA person must not load the dangerous goods on to a vehicle for transport if the person knows, or ought reasonably to know, that—\nthe special provision applies to the transport of the goods; and\nthe transport of the goods does not, or will not, comply with the special provision.\nMaximum penalty—20 penalty units.\n- (a) the special provision applies to the transport of the goods; and\n- (b) the transport of the goods does not, or will not, comply with the special provision.","sortOrder":51},{"sectionNumber":"sec.43","sectionType":"section","heading":"Duty of prime contractors","content":"### sec.43 Duty of prime contractors\n\nA prime contractor must not transport the dangerous goods if the prime contractor knows, or ought reasonably to know, that—\nthe special provision applies to the transport of the goods; and\nthe transport of the goods does not comply with the special provision.\nMaximum penalty—20 penalty units.\n- (a) the special provision applies to the transport of the goods; and\n- (b) the transport of the goods does not comply with the special provision.","sortOrder":52},{"sectionNumber":"sec.44","sectionType":"section","heading":"Duty of drivers","content":"### sec.44 Duty of drivers\n\nA person must not drive a vehicle transporting the dangerous goods if the person knows, or ought reasonably to know, that—\nthe special provision applies to the transport of the goods; and\nthe transport of the goods does not comply with the special provision.\nMaximum penalty—10 penalty units.\n- (a) the special provision applies to the transport of the goods; and\n- (b) the transport of the goods does not comply with the special provision.","sortOrder":53},{"sectionNumber":"pt.4","sectionType":"part","heading":"Packaging","content":"# Packaging","sortOrder":54},{"sectionNumber":"pt.4-div.1","sectionType":"division","heading":"General","content":"## General","sortOrder":55},{"sectionNumber":"sec.45","sectionType":"section","heading":"Packing of dangerous goods in limited quantities or excepted quantities","content":"### sec.45 Packing of dangerous goods in limited quantities or excepted quantities\n\nThis part does not apply to dangerous goods that are—\ngoods packed in limited quantities; or\ngoods packed in excepted quantities.\nTo remove any doubt, it is declared that this part applies to—\ndangerous goods that are purported to be packed in limited quantities but do not comply with the requirements of section 19 ; and\ndangerous goods that are purported to be packed in excepted quantities but do not comply with the requirements of section 19A .\nSections 19 (a) and 19A (b) respectively require compliance with chapter 3.4 and 3.5 of the ADG Code.\ns 45 sub 2020 SL No. 220 s 21\n(sec.45-ssec.1) This part does not apply to dangerous goods that are— goods packed in limited quantities; or goods packed in excepted quantities.\n(sec.45-ssec.2) To remove any doubt, it is declared that this part applies to— dangerous goods that are purported to be packed in limited quantities but do not comply with the requirements of section 19 ; and dangerous goods that are purported to be packed in excepted quantities but do not comply with the requirements of section 19A . Sections 19 (a) and 19A (b) respectively require compliance with chapter 3.4 and 3.5 of the ADG Code.\n- (a) goods packed in limited quantities; or\n- (b) goods packed in excepted quantities.\n- (a) dangerous goods that are purported to be packed in limited quantities but do not comply with the requirements of section 19 ; and\n- (b) dangerous goods that are purported to be packed in excepted quantities but do not comply with the requirements of section 19A .","sortOrder":56},{"sectionNumber":"sec.46","sectionType":"section","heading":"References to part 4 of the ADG Code include dangerous goods list requirements","content":"### sec.46 References to part 4 of the ADG Code include dangerous goods list requirements\n\nIn this part, a reference to dangerous goods being packed in accordance with a provision in part 4 of the ADG Code includes a reference to the goods being packed in accordance with each packing requirement stated for the goods in the dangerous goods list.","sortOrder":57},{"sectionNumber":"pt.4-div.2","sectionType":"division","heading":"Suitability and design of packaging","content":"## Suitability and design of packaging","sortOrder":58},{"sectionNumber":"sec.47","sectionType":"section","heading":"Unsuitability of packaging for transport","content":"### sec.47 Unsuitability of packaging for transport\n\nPackaging is unsuitable for the transport of dangerous goods if—\nit must undergo a performance test under part 6 of the ADG Code and it is not approved packaging; or\nit does not meet a relevant standard or requirement of part 4 or 6 of the ADG Code, including a requirement about inspection, maintenance or repair; or\nits use, or re-use, for the transport of the goods does not comply with part 4 or 6 of the ADG Code; or\nits use for the transport of the goods is prohibited by, or does not comply with, a determination; or\nit is incompatible with the goods; or\nit is damaged or defective to the extent that it is not safe to use to transport the goods; or\nfor dangerous goods purported to be packed in limited quantities—the packaging does not comply with chapter 3.4 of the ADG Code; or\nfor dangerous goods purported to be packed in excepted quantities—the packaging does not comply with chapter 3.5 of the ADG Code.\nA freight container is also unsuitable for use as a bulk container for the transport of dangerous goods if it does not have affixed to it a safety approval plate as required under the International Convention for Safe Containers, 1972.\nIn this section—\napproved packaging means—\npackaging of a design approved under section 50 ; or\nforeign approved packaging.\ns 47 amd 2020 SL No. 220 s 22\n(sec.47-ssec.1) Packaging is unsuitable for the transport of dangerous goods if— it must undergo a performance test under part 6 of the ADG Code and it is not approved packaging; or it does not meet a relevant standard or requirement of part 4 or 6 of the ADG Code, including a requirement about inspection, maintenance or repair; or its use, or re-use, for the transport of the goods does not comply with part 4 or 6 of the ADG Code; or its use for the transport of the goods is prohibited by, or does not comply with, a determination; or it is incompatible with the goods; or it is damaged or defective to the extent that it is not safe to use to transport the goods; or for dangerous goods purported to be packed in limited quantities—the packaging does not comply with chapter 3.4 of the ADG Code; or for dangerous goods purported to be packed in excepted quantities—the packaging does not comply with chapter 3.5 of the ADG Code.\n(sec.47-ssec.2) A freight container is also unsuitable for use as a bulk container for the transport of dangerous goods if it does not have affixed to it a safety approval plate as required under the International Convention for Safe Containers, 1972.\n(sec.47-ssec.3) In this section— approved packaging means— packaging of a design approved under section 50 ; or foreign approved packaging.\n- (a) it must undergo a performance test under part 6 of the ADG Code and it is not approved packaging; or\n- (b) it does not meet a relevant standard or requirement of part 4 or 6 of the ADG Code, including a requirement about inspection, maintenance or repair; or\n- (c) its use, or re-use, for the transport of the goods does not comply with part 4 or 6 of the ADG Code; or\n- (d) its use for the transport of the goods is prohibited by, or does not comply with, a determination; or\n- (e) it is incompatible with the goods; or\n- (f) it is damaged or defective to the extent that it is not safe to use to transport the goods; or\n- (g) for dangerous goods purported to be packed in limited quantities—the packaging does not comply with chapter 3.4 of the ADG Code; or\n- (h) for dangerous goods purported to be packed in excepted quantities—the packaging does not comply with chapter 3.5 of the ADG Code.\n- (a) packaging of a design approved under section 50 ; or\n- (b) foreign approved packaging.","sortOrder":59},{"sectionNumber":"sec.48","sectionType":"section","heading":"Marking packaging","content":"### sec.48 Marking packaging\n\nA person must not apply a marking required under part 6 of the ADG Code on packaging if the packaging is not of a design approved under section 50 .\nMaximum penalty—40 penalty units.\nA person must not apply a marking mentioned in part 6 of the ADG Code on packaging if the marking is not appropriate for the packaging.\nMaximum penalty—40 penalty units.\n(sec.48-ssec.1) A person must not apply a marking required under part 6 of the ADG Code on packaging if the packaging is not of a design approved under section 50 . Maximum penalty—40 penalty units.\n(sec.48-ssec.2) A person must not apply a marking mentioned in part 6 of the ADG Code on packaging if the marking is not appropriate for the packaging. Maximum penalty—40 penalty units.","sortOrder":60},{"sectionNumber":"sec.49","sectionType":"section","heading":"Applications for approval of packaging designs","content":"### sec.49 Applications for approval of packaging designs\n\nThis section applies in relation to packaging that must undergo a performance test under part 6 of the ADG Code.\nportable tanks, MEGCs, tanks on tank vehicles, pressure receptacles, aerosol dispensers, IBCs, bulk containers and drums, jerry cans, boxes, bags, composite packaging\ndrop, leakproofness, hydraulic and stacking tests\nA person may apply to the chief executive for the approval of a design of the packaging for use in the transport of dangerous goods.\nThe application must—\nbe made under section 172 ; and\ninclude sufficient information to enable the chief executive to decide the matters mentioned in section 50 (1) .\n(sec.49-ssec.1) This section applies in relation to packaging that must undergo a performance test under part 6 of the ADG Code. portable tanks, MEGCs, tanks on tank vehicles, pressure receptacles, aerosol dispensers, IBCs, bulk containers and drums, jerry cans, boxes, bags, composite packaging drop, leakproofness, hydraulic and stacking tests\n(sec.49-ssec.2) A person may apply to the chief executive for the approval of a design of the packaging for use in the transport of dangerous goods.\n(sec.49-ssec.3) The application must— be made under section 172 ; and include sufficient information to enable the chief executive to decide the matters mentioned in section 50 (1) .\n- (a) be made under section 172 ; and\n- (b) include sufficient information to enable the chief executive to decide the matters mentioned in section 50 (1) .","sortOrder":61},{"sectionNumber":"sec.50","sectionType":"section","heading":"Approval of packaging designs","content":"### sec.50 Approval of packaging designs\n\nThe chief executive may, on application under section 49 , approve a design of packaging for use in the transport of dangerous goods if satisfied a packaging of the design—\nwill comply with, or is permitted by, part 6 of the ADG Code; and\nsatisfies the relevant testing and inspection requirements of part 6 of the ADG Code.\nIn deciding whether packaging of a particular design satisfies a particular testing requirement, the chief executive may rely on a test certificate or report given by a recognised testing facility for the design type and complying with section 52 .\nIn giving an approval under subsection (1) , the chief executive may impose on the approval any condition about the construction, packing, maintenance or use of packaging manufactured in accordance with the design necessary for the safe use of the packaging to transport dangerous goods.\nA person must not construct, pack or fail to maintain packaging for use in the transport of dangerous goods, or use packaging to transport dangerous goods, if the person knows, or ought reasonably to know, that—\na condition about the construction, packing, maintenance or use of the packaging was imposed on the approval of the design for the packaging; and\nthe construction, packing, failure to maintain, or use is in contravention of the condition.\nMaximum penalty—40 penalty units.\n(sec.50-ssec.1) The chief executive may, on application under section 49 , approve a design of packaging for use in the transport of dangerous goods if satisfied a packaging of the design— will comply with, or is permitted by, part 6 of the ADG Code; and satisfies the relevant testing and inspection requirements of part 6 of the ADG Code.\n(sec.50-ssec.2) In deciding whether packaging of a particular design satisfies a particular testing requirement, the chief executive may rely on a test certificate or report given by a recognised testing facility for the design type and complying with section 52 .\n(sec.50-ssec.3) In giving an approval under subsection (1) , the chief executive may impose on the approval any condition about the construction, packing, maintenance or use of packaging manufactured in accordance with the design necessary for the safe use of the packaging to transport dangerous goods.\n(sec.50-ssec.4) A person must not construct, pack or fail to maintain packaging for use in the transport of dangerous goods, or use packaging to transport dangerous goods, if the person knows, or ought reasonably to know, that— a condition about the construction, packing, maintenance or use of the packaging was imposed on the approval of the design for the packaging; and the construction, packing, failure to maintain, or use is in contravention of the condition. Maximum penalty—40 penalty units.\n- (a) will comply with, or is permitted by, part 6 of the ADG Code; and\n- (b) satisfies the relevant testing and inspection requirements of part 6 of the ADG Code.\n- (a) a condition about the construction, packing, maintenance or use of the packaging was imposed on the approval of the design for the packaging; and\n- (b) the construction, packing, failure to maintain, or use is in contravention of the condition.","sortOrder":62},{"sectionNumber":"sec.51","sectionType":"section","heading":"Recognised testing facilities","content":"### sec.51 Recognised testing facilities\n\nEach of the following is a recognised testing facility for a packaging design type—\na testing facility registered by NATA to conduct performance tests under part 6 of the ADG Code for the packaging design type;\nif NATA has not registered a testing facility to conduct performance tests of a kind mentioned in paragraph (a) —a testing facility in Australia capable of conducting the tests;\na facility in a foreign country approved by a public authority of the country to conduct performance tests of a kind mentioned in paragraph (a) .\n- (a) a testing facility registered by NATA to conduct performance tests under part 6 of the ADG Code for the packaging design type;\n- (b) if NATA has not registered a testing facility to conduct performance tests of a kind mentioned in paragraph (a) —a testing facility in Australia capable of conducting the tests;\n- (c) a facility in a foreign country approved by a public authority of the country to conduct performance tests of a kind mentioned in paragraph (a) .","sortOrder":63},{"sectionNumber":"sec.52","sectionType":"section","heading":"Test certificates and reports","content":"### sec.52 Test certificates and reports\n\nA recognised testing facility for a packaging design type may certify in writing that the packaging design type has passed particular performance tests for particular dangerous goods.\nIf a performance test is conducted by a testing facility registered by NATA, a test certificate, or report on the test, must—\ncontain the details required under the relevant chapter of part 6 of the ADG Code; and\nbe in the appropriate form used by testing facilities registered by NATA.\nIf a performance test is conducted in Australia by a recognised testing facility that is not registered by NATA—\nthe test must be observed by or for the chief executive; and\na test certificate, or report on the test, must contain the details required under the relevant chapter of part 6 of the ADG Code.\n(sec.52-ssec.1) A recognised testing facility for a packaging design type may certify in writing that the packaging design type has passed particular performance tests for particular dangerous goods.\n(sec.52-ssec.2) If a performance test is conducted by a testing facility registered by NATA, a test certificate, or report on the test, must— contain the details required under the relevant chapter of part 6 of the ADG Code; and be in the appropriate form used by testing facilities registered by NATA.\n(sec.52-ssec.3) If a performance test is conducted in Australia by a recognised testing facility that is not registered by NATA— the test must be observed by or for the chief executive; and a test certificate, or report on the test, must contain the details required under the relevant chapter of part 6 of the ADG Code.\n- (a) contain the details required under the relevant chapter of part 6 of the ADG Code; and\n- (b) be in the appropriate form used by testing facilities registered by NATA.\n- (a) the test must be observed by or for the chief executive; and\n- (b) a test certificate, or report on the test, must contain the details required under the relevant chapter of part 6 of the ADG Code.","sortOrder":64},{"sectionNumber":"sec.53","sectionType":"section","heading":"Approval of overpack preparation methods","content":"### sec.53 Approval of overpack preparation methods\n\nThe chief executive may, on application under section 172 , approve a method of preparing an overpack for transport that does not comply with section 5.1.2 of the ADG Code if the chief executive considers that the risk involved in using the method is not greater than the risk involved in using a method complying with the section.\nIn giving an approval under subsection (1) , the chief executive may impose on the approval any condition about the use of the overpack necessary for the safe use of the overpack to transport dangerous goods.\nA person must not use an overpack to transport dangerous goods if the person knows, or ought reasonably to know, that—\na condition about the use of the overpack was imposed on the approval of the method of preparing the overpack; and\nthe use is in contravention of the condition.\nMaximum penalty—40 penalty units.\n(sec.53-ssec.1) The chief executive may, on application under section 172 , approve a method of preparing an overpack for transport that does not comply with section 5.1.2 of the ADG Code if the chief executive considers that the risk involved in using the method is not greater than the risk involved in using a method complying with the section.\n(sec.53-ssec.2) In giving an approval under subsection (1) , the chief executive may impose on the approval any condition about the use of the overpack necessary for the safe use of the overpack to transport dangerous goods.\n(sec.53-ssec.3) A person must not use an overpack to transport dangerous goods if the person knows, or ought reasonably to know, that— a condition about the use of the overpack was imposed on the approval of the method of preparing the overpack; and the use is in contravention of the condition. Maximum penalty—40 penalty units.\n- (a) a condition about the use of the overpack was imposed on the approval of the method of preparing the overpack; and\n- (b) the use is in contravention of the condition.","sortOrder":65},{"sectionNumber":"sec.54","sectionType":"section","heading":"Authorised entity may give approvals","content":"### sec.54 Authorised entity may give approvals\n\nThe chief executive may authorise an entity to give approvals under section 50 or 53 .\nIn giving an authorisation under subsection (1) , the chief executive may impose on the authorisation any condition the chief executive considers appropriate for the giving of approvals by the entity.\nIn giving an approval, the entity must—\ncomply with a condition imposed under subsection (2) ; and\ncomply with the relevant requirements of part 6 of the ADG Code about the giving of the approval; and\ngive the chief executive all of the information mentioned in section 180 (b) about the approval.\nIf an entity is authorised to give approvals under this section—\nsections 49 , 50 and 53 apply as if a reference in the sections to the chief executive were a reference to the entity; and\npart 17 , division 1 , to the extent it deals with approvals, applies as if a reference in the division to the chief executive were a reference to the entity.\nAn approval given by an entity under this section—\nis taken to be an approval given by the chief executive; and\nmay be amended, suspended or cancelled by the chief executive under the Act .\nSee chapter 3 , part 1A of the Act .\nThe chief executive may withdraw an authorisation given under this section at any time.\nThe withdrawal of an authorisation under subsection (6) does not affect an approval given by the entity before the withdrawal took effect.\n(sec.54-ssec.1) The chief executive may authorise an entity to give approvals under section 50 or 53 .\n(sec.54-ssec.2) In giving an authorisation under subsection (1) , the chief executive may impose on the authorisation any condition the chief executive considers appropriate for the giving of approvals by the entity.\n(sec.54-ssec.3) In giving an approval, the entity must— comply with a condition imposed under subsection (2) ; and comply with the relevant requirements of part 6 of the ADG Code about the giving of the approval; and give the chief executive all of the information mentioned in section 180 (b) about the approval.\n(sec.54-ssec.4) If an entity is authorised to give approvals under this section— sections 49 , 50 and 53 apply as if a reference in the sections to the chief executive were a reference to the entity; and part 17 , division 1 , to the extent it deals with approvals, applies as if a reference in the division to the chief executive were a reference to the entity.\n(sec.54-ssec.5) An approval given by an entity under this section— is taken to be an approval given by the chief executive; and may be amended, suspended or cancelled by the chief executive under the Act . See chapter 3 , part 1A of the Act .\n(sec.54-ssec.6) The chief executive may withdraw an authorisation given under this section at any time.\n(sec.54-ssec.7) The withdrawal of an authorisation under subsection (6) does not affect an approval given by the entity before the withdrawal took effect.\n- (a) comply with a condition imposed under subsection (2) ; and\n- (b) comply with the relevant requirements of part 6 of the ADG Code about the giving of the approval; and\n- (c) give the chief executive all of the information mentioned in section 180 (b) about the approval.\n- (a) sections 49 , 50 and 53 apply as if a reference in the sections to the chief executive were a reference to the entity; and\n- (b) part 17 , division 1 , to the extent it deals with approvals, applies as if a reference in the division to the chief executive were a reference to the entity.\n- (a) is taken to be an approval given by the chief executive; and\n- (b) may be amended, suspended or cancelled by the chief executive under the Act . Note— See chapter 3 , part 1A of the Act .","sortOrder":66},{"sectionNumber":"pt.4-div.3","sectionType":"division","heading":"Prohibition on the sale or supply of noncompliant packaging","content":"## Prohibition on the sale or supply of noncompliant packaging","sortOrder":67},{"sectionNumber":"sec.55","sectionType":"section","heading":"Offence to sell or supply noncompliant packaging","content":"### sec.55 Offence to sell or supply noncompliant packaging\n\nA person must not sell, supply, or offer to sell or supply, packaging for use in the transport of particular dangerous goods unless—\nthe packaging is of a design that has been approved under section 50 and both of the following apply—\nthe packaging is marked in accordance with part 6 or, if applicable, chapter 3.4 or 3.5 of the ADG Code;\naccording to the marking, the packaging’s use is appropriate for the goods; or\nthe packaging complies with the relevant requirements of parts 4 and 6 or, if applicable, chapter 3.4 or 3.5 of the ADG Code, including any relevant marking requirements, and its use is appropriate for the goods.\nMaximum penalty—40 penalty units.\ns 55 amd 2020 SL No. 220 s 23\n- (a) the packaging is of a design that has been approved under section 50 and both of the following apply— (i) the packaging is marked in accordance with part 6 or, if applicable, chapter 3.4 or 3.5 of the ADG Code; (ii) according to the marking, the packaging’s use is appropriate for the goods; or\n- (i) the packaging is marked in accordance with part 6 or, if applicable, chapter 3.4 or 3.5 of the ADG Code;\n- (ii) according to the marking, the packaging’s use is appropriate for the goods; or\n- (b) the packaging complies with the relevant requirements of parts 4 and 6 or, if applicable, chapter 3.4 or 3.5 of the ADG Code, including any relevant marking requirements, and its use is appropriate for the goods.\n- (i) the packaging is marked in accordance with part 6 or, if applicable, chapter 3.4 or 3.5 of the ADG Code;\n- (ii) according to the marking, the packaging’s use is appropriate for the goods; or","sortOrder":68},{"sectionNumber":"pt.4-div.4","sectionType":"division","heading":"Offences about general packaging","content":"## Offences about general packaging","sortOrder":69},{"sectionNumber":"sec.56","sectionType":"section","heading":"Definition for division","content":"### sec.56 Definition for division\n\nIn this division—\ngeneral packaging means packaging other than a portable tank, demountable tank, MEGC, bulk container, freight container, tank on a tank vehicle or overpack.","sortOrder":70},{"sectionNumber":"sec.57","sectionType":"section","heading":"Duty of consignors","content":"### sec.57 Duty of consignors\n\nA person must not consign dangerous goods for transport in general packaging if the person knows, or ought reasonably to know, that—\nthe packaging is unsuitable for the transport of the goods; or\nthe goods have not been packed in the packaging in accordance with a relevant provision of part 4 of the ADG Code.\nMaximum penalty—40 penalty units.\n- (a) the packaging is unsuitable for the transport of the goods; or\n- (b) the goods have not been packed in the packaging in accordance with a relevant provision of part 4 of the ADG Code.","sortOrder":71},{"sectionNumber":"sec.58","sectionType":"section","heading":"Duty of packers","content":"### sec.58 Duty of packers\n\nA person must not pack dangerous goods for transport in general packaging if the person knows, or ought reasonably to know, that the packaging is unsuitable for the transport of the goods.\nMaximum penalty—40 penalty units.\nA person must not pack dangerous goods for transport in general packaging in a way that the person knows, or ought reasonably to know, does not comply with a relevant provision of part 4 of the ADG Code.\nMaximum penalty—40 penalty units.\n(sec.58-ssec.1) A person must not pack dangerous goods for transport in general packaging if the person knows, or ought reasonably to know, that the packaging is unsuitable for the transport of the goods. Maximum penalty—40 penalty units.\n(sec.58-ssec.2) A person must not pack dangerous goods for transport in general packaging in a way that the person knows, or ought reasonably to know, does not comply with a relevant provision of part 4 of the ADG Code. Maximum penalty—40 penalty units.","sortOrder":72},{"sectionNumber":"sec.59","sectionType":"section","heading":"Duty of loaders","content":"### sec.59 Duty of loaders\n\nA person must not load dangerous goods that are in general packaging on to a vehicle for transport if the person knows, or ought reasonably to know, that the packaging is damaged or defective to the extent that it is not safe to use to transport the goods.\nMaximum penalty—40 penalty units.","sortOrder":73},{"sectionNumber":"sec.60","sectionType":"section","heading":"Duty of prime contractors","content":"### sec.60 Duty of prime contractors\n\nA prime contractor must not transport dangerous goods in general packaging if the prime contractor knows, or ought reasonably to know, that the packaging is damaged or defective to the extent that it is not safe to use to transport the goods.\nMaximum penalty—40 penalty units.","sortOrder":74},{"sectionNumber":"sec.61","sectionType":"section","heading":"Duty of drivers","content":"### sec.61 Duty of drivers\n\nA person must not drive a vehicle transporting dangerous goods in general packaging if the person knows, or ought reasonably to know, that the packaging is damaged or defective to the extent that it is not safe to use to transport the goods.\nMaximum penalty—20 penalty units.","sortOrder":75},{"sectionNumber":"pt.4-div.5","sectionType":"division","heading":"Offences about other packaging","content":"## Offences about other packaging","sortOrder":76},{"sectionNumber":"sec.62","sectionType":"section","heading":"Definitions for division","content":"### sec.62 Definitions for division\n\nIn this division—\ndangerous goods compliance plate means a plate that must be attached to a portable tank, MEGC or tank vehicle under part 6 of the ADG Code, and includes an identification plate.\nother packaging means a portable tank, demountable tank, MEGC, bulk container, freight container or tank on a tank vehicle.","sortOrder":77},{"sectionNumber":"sec.63","sectionType":"section","heading":"Attaching dangerous goods compliance plates to particular packaging","content":"### sec.63 Attaching dangerous goods compliance plates to particular packaging\n\nA person must not attach a dangerous goods compliance plate, or something that purports to be a dangerous goods compliance plate, to a tank, MEGC or tank vehicle unless the design of the tank, MEGC or tank vehicle is approved under section 50 .\nMaximum penalty—40 penalty units.","sortOrder":78},{"sectionNumber":"sec.64","sectionType":"section","heading":"Duties of manufacturers about dangerous goods compliance plates for portable tanks, MEGCs and tank vehicles","content":"### sec.64 Duties of manufacturers about dangerous goods compliance plates for portable tanks, MEGCs and tank vehicles\n\nA person who manufactures a portable tank for use in the transport of dangerous goods must attach a dangerous goods compliance plate to the tank in accordance with—\nif the tank is not made of fibre reinforced plastic— chapter 6.7 of the ADG Code; or\nif the tank is made of fibre reinforced plastic— chapter 6.7 and section 6.9.2.10 of the ADG Code.\nMaximum penalty—40 penalty units.\nA person who manufactures an MEGC for use in the transport of dangerous goods must attach a dangerous goods compliance plate to the MEGC in accordance with chapter 6.7 of the ADG Code.\nMaximum penalty—40 penalty units.\nSubsection (1) does not apply to a person who manufactures a portable tank if—\nchapter 6.7 and, if applicable, section 6.9.2.10 of the ADG Code permit the marking of the tank instead of the attachment of a dangerous goods compliance plate; and\nthe tank is marked as required by the provisions mentioned in paragraph (a) .\nA person who manufactures a tank vehicle for use in the transport of dangerous goods must attach a dangerous goods compliance plate to the vehicle in accordance with section 6.10.2.2 of the ADG Code.\nMaximum penalty—40 penalty units.\ns 64 amd 2023 SL No. 24 s 23\n(sec.64-ssec.1) A person who manufactures a portable tank for use in the transport of dangerous goods must attach a dangerous goods compliance plate to the tank in accordance with— if the tank is not made of fibre reinforced plastic— chapter 6.7 of the ADG Code; or if the tank is made of fibre reinforced plastic— chapter 6.7 and section 6.9.2.10 of the ADG Code. Maximum penalty—40 penalty units.\n(sec.64-ssec.2) A person who manufactures an MEGC for use in the transport of dangerous goods must attach a dangerous goods compliance plate to the MEGC in accordance with chapter 6.7 of the ADG Code. Maximum penalty—40 penalty units.\n(sec.64-ssec.3) Subsection (1) does not apply to a person who manufactures a portable tank if— chapter 6.7 and, if applicable, section 6.9.2.10 of the ADG Code permit the marking of the tank instead of the attachment of a dangerous goods compliance plate; and the tank is marked as required by the provisions mentioned in paragraph (a) .\n(sec.64-ssec.4) A person who manufactures a tank vehicle for use in the transport of dangerous goods must attach a dangerous goods compliance plate to the vehicle in accordance with section 6.10.2.2 of the ADG Code. Maximum penalty—40 penalty units.\n- (a) if the tank is not made of fibre reinforced plastic— chapter 6.7 of the ADG Code; or\n- (b) if the tank is made of fibre reinforced plastic— chapter 6.7 and section 6.9.2.10 of the ADG Code.\n- (a) chapter 6.7 and, if applicable, section 6.9.2.10 of the ADG Code permit the marking of the tank instead of the attachment of a dangerous goods compliance plate; and\n- (b) the tank is marked as required by the provisions mentioned in paragraph (a) .","sortOrder":79},{"sectionNumber":"sec.65","sectionType":"section","heading":"Duty of owners of portable tanks, demountable tanks, MEGCs and tank vehicles","content":"### sec.65 Duty of owners of portable tanks, demountable tanks, MEGCs and tank vehicles\n\nThe owner of a portable tank, a demountable tank, an MEGC or a tank vehicle must not use the tank, MEGC or tank vehicle, or permit the tank, MEGC or tank vehicle to be used, to transport dangerous goods if the tank, MEGC or tank on the tank vehicle is unsuitable for the transport of the goods.\nMaximum penalty—40 penalty units.","sortOrder":80},{"sectionNumber":"sec.66","sectionType":"section","heading":"Duties of consignors","content":"### sec.66 Duties of consignors\n\nA person must not consign dangerous goods for transport in other packaging provided by the person if—\nthe packaging is unsuitable for the transport of the goods; or\nthe goods have not been packed in the packaging in accordance with a relevant provision of part 4 of the ADG Code.\nMaximum penalty—40 penalty units.\nA person must not consign dangerous goods for transport in other packaging provided by another person if—\nthe packaging is unsuitable for the transport of the goods; or\nthe goods have not been packed in the packaging in accordance with a relevant provision of part 4 of the ADG Code.\nMaximum penalty—40 penalty units.\n(sec.66-ssec.1) A person must not consign dangerous goods for transport in other packaging provided by the person if— the packaging is unsuitable for the transport of the goods; or the goods have not been packed in the packaging in accordance with a relevant provision of part 4 of the ADG Code. Maximum penalty—40 penalty units.\n(sec.66-ssec.2) A person must not consign dangerous goods for transport in other packaging provided by another person if— the packaging is unsuitable for the transport of the goods; or the goods have not been packed in the packaging in accordance with a relevant provision of part 4 of the ADG Code. Maximum penalty—40 penalty units.\n- (a) the packaging is unsuitable for the transport of the goods; or\n- (b) the goods have not been packed in the packaging in accordance with a relevant provision of part 4 of the ADG Code.\n- (a) the packaging is unsuitable for the transport of the goods; or\n- (b) the goods have not been packed in the packaging in accordance with a relevant provision of part 4 of the ADG Code.","sortOrder":81},{"sectionNumber":"sec.67","sectionType":"section","heading":"Duties of packers","content":"### sec.67 Duties of packers\n\nA person must not pack dangerous goods for transport in other packaging if the person knows, or ought reasonably to know, that the packaging is unsuitable for the transport of the goods.\nMaximum penalty—40 penalty units.\nA person must not pack dangerous goods for transport in other packaging in a way that the person knows, or ought reasonably to know, does not comply with a relevant provision of part 4 of the ADG Code.\nMaximum penalty—40 penalty units.\n(sec.67-ssec.1) A person must not pack dangerous goods for transport in other packaging if the person knows, or ought reasonably to know, that the packaging is unsuitable for the transport of the goods. Maximum penalty—40 penalty units.\n(sec.67-ssec.2) A person must not pack dangerous goods for transport in other packaging in a way that the person knows, or ought reasonably to know, does not comply with a relevant provision of part 4 of the ADG Code. Maximum penalty—40 penalty units.","sortOrder":82},{"sectionNumber":"sec.68","sectionType":"section","heading":"Duty of loaders","content":"### sec.68 Duty of loaders\n\nA person must not load dangerous goods that are in other packaging on to a vehicle for transport if the person knows, or ought reasonably to know, that the packaging is unsuitable for the transport of the goods.\nMaximum penalty—40 penalty units.","sortOrder":83},{"sectionNumber":"sec.69","sectionType":"section","heading":"Duties of prime contractors","content":"### sec.69 Duties of prime contractors\n\nA prime contractor must not transport dangerous goods in other packaging provided by the prime contractor if—\nthe packaging is unsuitable for the transport of the goods; or\nthe goods have not been packed in the packaging in accordance with a relevant provision of part 4 of the ADG Code.\nMaximum penalty—40 penalty units.\nA prime contractor must not transport dangerous goods in other packaging provided by another person if the prime contractor knows, or ought reasonably to know, that—\nthe packaging is unsuitable for the transport of the goods; or\nthe goods have not been packed in the packaging in accordance with a relevant provision of part 4 of the ADG Code.\nMaximum penalty—40 penalty units.\n(sec.69-ssec.1) A prime contractor must not transport dangerous goods in other packaging provided by the prime contractor if— the packaging is unsuitable for the transport of the goods; or the goods have not been packed in the packaging in accordance with a relevant provision of part 4 of the ADG Code. Maximum penalty—40 penalty units.\n(sec.69-ssec.2) A prime contractor must not transport dangerous goods in other packaging provided by another person if the prime contractor knows, or ought reasonably to know, that— the packaging is unsuitable for the transport of the goods; or the goods have not been packed in the packaging in accordance with a relevant provision of part 4 of the ADG Code. Maximum penalty—40 penalty units.\n- (a) the packaging is unsuitable for the transport of the goods; or\n- (b) the goods have not been packed in the packaging in accordance with a relevant provision of part 4 of the ADG Code.\n- (a) the packaging is unsuitable for the transport of the goods; or\n- (b) the goods have not been packed in the packaging in accordance with a relevant provision of part 4 of the ADG Code.","sortOrder":84},{"sectionNumber":"sec.70","sectionType":"section","heading":"Duty of drivers","content":"### sec.70 Duty of drivers\n\nA person must not drive a vehicle transporting dangerous goods in other packaging if the person knows, or ought reasonably to know, that—\nthe packaging is unsuitable for the transport of the goods; or\nthe goods have not been packed in the packaging in accordance with a relevant provision of part 4 of the ADG Code.\nMaximum penalty—20 penalty units.\n- (a) the packaging is unsuitable for the transport of the goods; or\n- (b) the goods have not been packed in the packaging in accordance with a relevant provision of part 4 of the ADG Code.","sortOrder":85},{"sectionNumber":"pt.4-div.6","sectionType":"division","heading":"Offences about overpacks","content":"## Offences about overpacks","sortOrder":86},{"sectionNumber":"sec.71","sectionType":"section","heading":"Duty of consignors","content":"### sec.71 Duty of consignors\n\nA person must not consign dangerous goods for transport in an overpack if the preparation of the overpack and its contents does not comply with either—\nsection 5.1.2 of the ADG Code; or\nan approval under section 53 .\nMaximum penalty—20 penalty units.\n- (a) section 5.1.2 of the ADG Code; or\n- (b) an approval under section 53 .","sortOrder":87},{"sectionNumber":"sec.72","sectionType":"section","heading":"Duty of packers","content":"### sec.72 Duty of packers\n\nA person must not pack dangerous goods for transport in an overpack if the person knows, or ought reasonably to know, that the packing of the packages into the overpack, or the preparation of the overpack or its contents, does not comply with either—\nsection 5.1.2 of the ADG Code; or\nan approval under section 53 .\nMaximum penalty—20 penalty units.\n- (a) section 5.1.2 of the ADG Code; or\n- (b) an approval under section 53 .","sortOrder":88},{"sectionNumber":"sec.73","sectionType":"section","heading":"Duty of loaders","content":"### sec.73 Duty of loaders\n\nA person must not load dangerous goods in an overpack on to a vehicle for transport if the person knows, or ought reasonably to know, that the preparation of the overpack and its contents does not comply with either—\nsection 5.1.2 of the ADG Code; or\nan approval under section 53 .\nMaximum penalty—20 penalty units.\n- (a) section 5.1.2 of the ADG Code; or\n- (b) an approval under section 53 .","sortOrder":89},{"sectionNumber":"sec.74","sectionType":"section","heading":"Duty of prime contractors","content":"### sec.74 Duty of prime contractors\n\nA prime contractor must not transport dangerous goods in an overpack if the prime contractor knows, or ought reasonably to know, that the preparation of the overpack and its contents does not comply with either—\nsection 5.1.2 of the ADG Code; or\nan approval under section 53 .\nMaximum penalty—20 penalty units.\n- (a) section 5.1.2 of the ADG Code; or\n- (b) an approval under section 53 .","sortOrder":90},{"sectionNumber":"sec.75","sectionType":"section","heading":"Duty of drivers","content":"### sec.75 Duty of drivers\n\nA person must not drive a vehicle transporting dangerous goods in an overpack if the person knows, or ought reasonably to know, that the preparation of the overpack and its contents does not comply with either—\nsection 5.1.2 of the ADG Code; or\nan approval under section 53 .\nMaximum penalty—15 penalty units.\n- (a) section 5.1.2 of the ADG Code; or\n- (b) an approval under section 53 .","sortOrder":91},{"sectionNumber":"pt.4-div.7","sectionType":"division","heading":"Chief executive’s performance testing powers","content":"## Chief executive’s performance testing powers","sortOrder":92},{"sectionNumber":"sec.76","sectionType":"section","heading":"Requiring packaging for testing","content":"### sec.76 Requiring packaging for testing\n\nThis section applies in relation to a person who—\nis—\na manufacturer of packaging used, or intended to be used, to transport dangerous goods; or\nthe consignor or prime contractor for the transport of dangerous goods; and\nhas possession of, or control over, packaging of a design type used, or intended to be used, to transport dangerous goods.\nThe chief executive may, by written notice, ask the person to give packaging manufactured or used by the person for performance testing to the chief executive or another person nominated in the notice (the nominated person ).\nThe person must give the packaging to the chief executive or nominated person within 14 days after the day the notice is given, unless before the end of that period the person gives the packaging to another person for performance testing under an agreement with that other person.\nMaximum penalty—15 penalty units.\n(sec.76-ssec.1) This section applies in relation to a person who— is— a manufacturer of packaging used, or intended to be used, to transport dangerous goods; or the consignor or prime contractor for the transport of dangerous goods; and has possession of, or control over, packaging of a design type used, or intended to be used, to transport dangerous goods.\n(sec.76-ssec.2) The chief executive may, by written notice, ask the person to give packaging manufactured or used by the person for performance testing to the chief executive or another person nominated in the notice (the nominated person ).\n(sec.76-ssec.3) The person must give the packaging to the chief executive or nominated person within 14 days after the day the notice is given, unless before the end of that period the person gives the packaging to another person for performance testing under an agreement with that other person. Maximum penalty—15 penalty units.\n- (a) is— (i) a manufacturer of packaging used, or intended to be used, to transport dangerous goods; or (ii) the consignor or prime contractor for the transport of dangerous goods; and\n- (i) a manufacturer of packaging used, or intended to be used, to transport dangerous goods; or\n- (ii) the consignor or prime contractor for the transport of dangerous goods; and\n- (b) has possession of, or control over, packaging of a design type used, or intended to be used, to transport dangerous goods.\n- (i) a manufacturer of packaging used, or intended to be used, to transport dangerous goods; or\n- (ii) the consignor or prime contractor for the transport of dangerous goods; and","sortOrder":93},{"sectionNumber":"sec.77","sectionType":"section","heading":"Requiring evidence of performance tests","content":"### sec.77 Requiring evidence of performance tests\n\nThis section applies in relation to a person who is—\na manufacturer of packaging used, or intended to be used, to transport dangerous goods; or\na consignor for the transport of dangerous goods.\nThe chief executive may, by written notice, ask the person to give written evidence that a packaging design type manufactured or used by the person has passed performance tests required under part 6 of the ADG Code.\nThe person must give the evidence to the chief executive within 14 days after the day the notice is given.\nMaximum penalty—15 penalty units.\nA test certificate or report under section 52 is evidence for this section.\n(sec.77-ssec.1) This section applies in relation to a person who is— a manufacturer of packaging used, or intended to be used, to transport dangerous goods; or a consignor for the transport of dangerous goods.\n(sec.77-ssec.2) The chief executive may, by written notice, ask the person to give written evidence that a packaging design type manufactured or used by the person has passed performance tests required under part 6 of the ADG Code.\n(sec.77-ssec.3) The person must give the evidence to the chief executive within 14 days after the day the notice is given. Maximum penalty—15 penalty units.\n(sec.77-ssec.4) A test certificate or report under section 52 is evidence for this section.\n- (a) a manufacturer of packaging used, or intended to be used, to transport dangerous goods; or\n- (b) a consignor for the transport of dangerous goods.","sortOrder":94},{"sectionNumber":"pt.5","sectionType":"part","heading":"Consignment procedures","content":"# Consignment procedures","sortOrder":95},{"sectionNumber":"pt.5-div.1","sectionType":"division","heading":"Marking and labelling","content":"## Marking and labelling","sortOrder":96},{"sectionNumber":"sec.78","sectionType":"section","heading":"Meaning of appropriately marked","content":"### sec.78 Meaning of appropriately marked\n\nA receptacle for dangerous goods, other than a cargo transport unit or an overpack, that has a capacity of more than 500 kilograms or litres is appropriately marked if it is marked and labelled in accordance with chapter 5.2 and section 5.3.3 of the ADG Code.\nAnother package of dangerous goods, other than an overpack, is appropriately marked if it is marked and labelled in accordance with chapter 5.2 of the ADG Code.\nAn overpack for dangerous goods is appropriately marked if it is marked and labelled in accordance with section 5.1.2 of the ADG Code.\nA package of dangerous goods packed in limited quantities is also appropriately marked if it is marked and labelled in accordance with chapter 3.4 of the ADG Code.\nA package of dangerous goods packed in excepted quantities is also appropriately marked if it is marked and labelled in accordance with chapter 3.5 of the ADG Code.\ns 78 amd 2020 SL No. 220 s 24\n(sec.78-ssec.1) A receptacle for dangerous goods, other than a cargo transport unit or an overpack, that has a capacity of more than 500 kilograms or litres is appropriately marked if it is marked and labelled in accordance with chapter 5.2 and section 5.3.3 of the ADG Code.\n(sec.78-ssec.2) Another package of dangerous goods, other than an overpack, is appropriately marked if it is marked and labelled in accordance with chapter 5.2 of the ADG Code.\n(sec.78-ssec.3) An overpack for dangerous goods is appropriately marked if it is marked and labelled in accordance with section 5.1.2 of the ADG Code.\n(sec.78-ssec.4) A package of dangerous goods packed in limited quantities is also appropriately marked if it is marked and labelled in accordance with chapter 3.4 of the ADG Code.\n(sec.78-ssec.5) A package of dangerous goods packed in excepted quantities is also appropriately marked if it is marked and labelled in accordance with chapter 3.5 of the ADG Code.","sortOrder":97},{"sectionNumber":"sec.79","sectionType":"section","heading":"Reference to label includes placard","content":"### sec.79 Reference to label includes placard\n\nIn this division, a reference to a label includes a reference to a placard.","sortOrder":98},{"sectionNumber":"sec.80","sectionType":"section","heading":"Duties of consignors","content":"### sec.80 Duties of consignors\n\nA person must not consign dangerous goods for transport in a package if the package is not appropriately marked.\nMaximum penalty—\nfor large packaging or an overpack—20 penalty units; or\notherwise—7 1 / 2 penalty units.\nA person must not consign dangerous goods for transport in a package if a marking or label on the package about its contents is false or misleading in a material particular.\nMaximum penalty—\nfor large packaging or an overpack—20 penalty units; or\notherwise—7 1 / 2 penalty units.\nA person must not consign goods for transport in a package that does not contain dangerous goods but is marked or labelled as if it contained dangerous goods.\nMaximum penalty—\nfor large packaging or an overpack—20 penalty units; or\notherwise—7 1 / 2 penalty units.\nHowever, subsection (3) does not apply if the marking or labelling of the package complies with the requirements for the contents of the package in—\nthe ICAO technical instructions; or\nthe IMDG Code.\n(sec.80-ssec.1) A person must not consign dangerous goods for transport in a package if the package is not appropriately marked. Maximum penalty— for large packaging or an overpack—20 penalty units; or otherwise—7 1 / 2 penalty units.\n(sec.80-ssec.2) A person must not consign dangerous goods for transport in a package if a marking or label on the package about its contents is false or misleading in a material particular. Maximum penalty— for large packaging or an overpack—20 penalty units; or otherwise—7 1 / 2 penalty units.\n(sec.80-ssec.3) A person must not consign goods for transport in a package that does not contain dangerous goods but is marked or labelled as if it contained dangerous goods. Maximum penalty— for large packaging or an overpack—20 penalty units; or otherwise—7 1 / 2 penalty units.\n(sec.80-ssec.4) However, subsection (3) does not apply if the marking or labelling of the package complies with the requirements for the contents of the package in— the ICAO technical instructions; or the IMDG Code.\n- (a) for large packaging or an overpack—20 penalty units; or\n- (b) otherwise—7 1 / 2 penalty units.\n- (a) for large packaging or an overpack—20 penalty units; or\n- (b) otherwise—7 1 / 2 penalty units.\n- (a) for large packaging or an overpack—20 penalty units; or\n- (b) otherwise—7 1 / 2 penalty units.\n- (a) the ICAO technical instructions; or\n- (b) the IMDG Code.","sortOrder":99},{"sectionNumber":"sec.81","sectionType":"section","heading":"Duties of packers","content":"### sec.81 Duties of packers\n\nA person must not pack dangerous goods for transport in a package if the person knows, or ought reasonably to know, that the package—\nis not appropriately marked; or\nwill not be appropriately marked once the package is ready to be transported.\nMaximum penalty—\nfor large packaging or an overpack—20 penalty units; or\notherwise—7 1 / 2 penalty units.\nA person who packs dangerous goods for transport in a package must not mark or label the package with a marking or label about its contents that the person knows, or ought reasonably to know, is false or misleading in a material particular.\nMaximum penalty—\nfor large packaging or an overpack—20 penalty units; or\notherwise—7 1 / 2 penalty units.\nA person who packs goods for transport in a package must not mark or label the package as if it contained dangerous goods if the person knows, or ought reasonably to know, that it does not contain dangerous goods.\nMaximum penalty—\nfor large packaging or an overpack—20 penalty units; or\notherwise—7 1 / 2 penalty units.\nHowever, subsection (3) does not apply if the marking or labelling of the package complies with the requirements for the contents of the package in—\nthe ICAO technical instructions; or\nthe IMDG Code.\n(sec.81-ssec.1) A person must not pack dangerous goods for transport in a package if the person knows, or ought reasonably to know, that the package— is not appropriately marked; or will not be appropriately marked once the package is ready to be transported. Maximum penalty— for large packaging or an overpack—20 penalty units; or otherwise—7 1 / 2 penalty units.\n(sec.81-ssec.2) A person who packs dangerous goods for transport in a package must not mark or label the package with a marking or label about its contents that the person knows, or ought reasonably to know, is false or misleading in a material particular. Maximum penalty— for large packaging or an overpack—20 penalty units; or otherwise—7 1 / 2 penalty units.\n(sec.81-ssec.3) A person who packs goods for transport in a package must not mark or label the package as if it contained dangerous goods if the person knows, or ought reasonably to know, that it does not contain dangerous goods. Maximum penalty— for large packaging or an overpack—20 penalty units; or otherwise—7 1 / 2 penalty units.\n(sec.81-ssec.4) However, subsection (3) does not apply if the marking or labelling of the package complies with the requirements for the contents of the package in— the ICAO technical instructions; or the IMDG Code.\n- (a) is not appropriately marked; or\n- (b) will not be appropriately marked once the package is ready to be transported.\n- (a) for large packaging or an overpack—20 penalty units; or\n- (b) otherwise—7 1 / 2 penalty units.\n- (a) for large packaging or an overpack—20 penalty units; or\n- (b) otherwise—7 1 / 2 penalty units.\n- (a) for large packaging or an overpack—20 penalty units; or\n- (b) otherwise—7 1 / 2 penalty units.\n- (a) the ICAO technical instructions; or\n- (b) the IMDG Code.","sortOrder":100},{"sectionNumber":"sec.82","sectionType":"section","heading":"Duties of prime contractors","content":"### sec.82 Duties of prime contractors\n\nA prime contractor must not transport goods in a package if the prime contractor knows, or ought reasonably to know, that—\nthe goods are dangerous goods; and\nthe package is not appropriately marked.\nMaximum penalty—\nfor large packaging or an overpack—20 penalty units; or\notherwise—7 1 / 2 penalty units.\nA prime contractor must not transport dangerous goods in a package if the prime contractor knows, or ought reasonably to know, that a marking or label on the package about its contents is false or misleading in a material particular.\nMaximum penalty—\nfor large packaging or an overpack—20 penalty units; or\notherwise—7 1 / 2 penalty units.\nA prime contractor must not transport goods in a package that is marked or labelled as if it contained dangerous goods if the prime contractor knows, or ought reasonably to know, that the package does not contain dangerous goods.\nMaximum penalty—\nfor large packaging or an overpack—20 penalty units; or\notherwise—7 1 / 2 penalty units.\nHowever, subsection (3) does not apply if the marking or labelling of the package complies with the requirements for the contents of the package in—\nthe ICAO technical instructions; or\nthe IMDG Code.\n(sec.82-ssec.1) A prime contractor must not transport goods in a package if the prime contractor knows, or ought reasonably to know, that— the goods are dangerous goods; and the package is not appropriately marked. Maximum penalty— for large packaging or an overpack—20 penalty units; or otherwise—7 1 / 2 penalty units.\n(sec.82-ssec.2) A prime contractor must not transport dangerous goods in a package if the prime contractor knows, or ought reasonably to know, that a marking or label on the package about its contents is false or misleading in a material particular. Maximum penalty— for large packaging or an overpack—20 penalty units; or otherwise—7 1 / 2 penalty units.\n(sec.82-ssec.3) A prime contractor must not transport goods in a package that is marked or labelled as if it contained dangerous goods if the prime contractor knows, or ought reasonably to know, that the package does not contain dangerous goods. Maximum penalty— for large packaging or an overpack—20 penalty units; or otherwise—7 1 / 2 penalty units.\n(sec.82-ssec.4) However, subsection (3) does not apply if the marking or labelling of the package complies with the requirements for the contents of the package in— the ICAO technical instructions; or the IMDG Code.\n- (a) the goods are dangerous goods; and\n- (b) the package is not appropriately marked.\n- (a) for large packaging or an overpack—20 penalty units; or\n- (b) otherwise—7 1 / 2 penalty units.\n- (a) for large packaging or an overpack—20 penalty units; or\n- (b) otherwise—7 1 / 2 penalty units.\n- (a) for large packaging or an overpack—20 penalty units; or\n- (b) otherwise—7 1 / 2 penalty units.\n- (a) the ICAO technical instructions; or\n- (b) the IMDG Code.","sortOrder":101},{"sectionNumber":"pt.5-div.2","sectionType":"division","heading":"Placarding","content":"## Placarding","sortOrder":102},{"sectionNumber":"sec.83","sectionType":"section","heading":"When loads must be placarded","content":"### sec.83 When loads must be placarded\n\nA load that contains dangerous goods must be placarded if—\nit contains—\ndangerous goods in a receptacle with a capacity of more than 500L; or\nmore than 500kg of dangerous goods in a receptacle; or\nit contains an aggregate quantity of dangerous goods of 250 or more, other than specified goods, and the goods include—\ndangerous goods of UN division 2.1 that are not aerosols; or\ndangerous goods of UN division 2.3 ; or\ndangerous goods of packing group I; or\nit contains dangerous goods of category A of UN division 6.2 ; or\nit contains an aggregate quantity of dangerous goods of UN division 6.2 (other than category A) of 10 or more; or\nit contains an aggregate quantity of dangerous goods of 1,000 or more, other than specified goods.\nA load that contains dangerous goods must be placarded if the load contains specified goods and—\nthe specified goods include an aggregate quantity of 2,000 or more of a dangerous good of a particular UN number from a single place of consignment; or\nthe total gross mass of the specified goods is 8 tonnes or more.\nThis subsection applies separately and in addition to subsection (1) . See table 5.3 of the ADG Code.\nA load containing dangerous goods, other than a load required to be placarded under subsection (1) or (2) , must be placarded if—\nthe load contains a mixture of specified goods and other dangerous goods; and\neither of the following calculations apply—\nif the load contains dangerous goods mentioned in subsection (1) (b) (i) , (ii) or (iii) —the aggregate quantity of the goods, plus 10% of the total gross mass of the specified goods, is 250 or more;\notherwise—the aggregate quantity of the other dangerous goods, plus 25% of the total gross mass of the specified goods, is 1,000 or more.\nSubsection (1) (a) does not apply to a dangerous good that is an article.\nIn this section—\nspecified goods means—\ndangerous goods packed in limited quantities; or\nwithout limiting paragraph (a) , any of the following dangerous goods—\nfireworks that are bon bons, party poppers or sparklers;\ndomestic smoke detectors containing radioactive material;\nlighters or lighter refills containing flammable gas;\nfire extinguishers containing a net mass of not more than 23kg of compressed or liquefied gas; or\na combination of any of the dangerous goods mentioned in paragraphs (a) and (b) .\nUN number , for a dangerous good, means the UN number, within the meaning of the ADG Code, for the good.\nAn aggregate quantity in relation to a load containing dangerous goods mentioned in this section is worked out in the way provided for under schedule 3 , definition aggregate quantity .\ns 83 amd 2020 SL No. 220 s 25\n(sec.83-ssec.1) A load that contains dangerous goods must be placarded if— it contains— dangerous goods in a receptacle with a capacity of more than 500L; or more than 500kg of dangerous goods in a receptacle; or it contains an aggregate quantity of dangerous goods of 250 or more, other than specified goods, and the goods include— dangerous goods of UN division 2.1 that are not aerosols; or dangerous goods of UN division 2.3 ; or dangerous goods of packing group I; or it contains dangerous goods of category A of UN division 6.2 ; or it contains an aggregate quantity of dangerous goods of UN division 6.2 (other than category A) of 10 or more; or it contains an aggregate quantity of dangerous goods of 1,000 or more, other than specified goods.\n(sec.83-ssec.2) A load that contains dangerous goods must be placarded if the load contains specified goods and— the specified goods include an aggregate quantity of 2,000 or more of a dangerous good of a particular UN number from a single place of consignment; or the total gross mass of the specified goods is 8 tonnes or more. This subsection applies separately and in addition to subsection (1) . See table 5.3 of the ADG Code.\n(sec.83-ssec.3) A load containing dangerous goods, other than a load required to be placarded under subsection (1) or (2) , must be placarded if— the load contains a mixture of specified goods and other dangerous goods; and either of the following calculations apply— if the load contains dangerous goods mentioned in subsection (1) (b) (i) , (ii) or (iii) —the aggregate quantity of the goods, plus 10% of the total gross mass of the specified goods, is 250 or more; otherwise—the aggregate quantity of the other dangerous goods, plus 25% of the total gross mass of the specified goods, is 1,000 or more.\n(sec.83-ssec.4) Subsection (1) (a) does not apply to a dangerous good that is an article.\n(sec.83-ssec.5) In this section— specified goods means— dangerous goods packed in limited quantities; or without limiting paragraph (a) , any of the following dangerous goods— fireworks that are bon bons, party poppers or sparklers; domestic smoke detectors containing radioactive material; lighters or lighter refills containing flammable gas; fire extinguishers containing a net mass of not more than 23kg of compressed or liquefied gas; or a combination of any of the dangerous goods mentioned in paragraphs (a) and (b) . UN number , for a dangerous good, means the UN number, within the meaning of the ADG Code, for the good. An aggregate quantity in relation to a load containing dangerous goods mentioned in this section is worked out in the way provided for under schedule 3 , definition aggregate quantity .\n- (a) it contains— (i) dangerous goods in a receptacle with a capacity of more than 500L; or (ii) more than 500kg of dangerous goods in a receptacle; or\n- (i) dangerous goods in a receptacle with a capacity of more than 500L; or\n- (ii) more than 500kg of dangerous goods in a receptacle; or\n- (b) it contains an aggregate quantity of dangerous goods of 250 or more, other than specified goods, and the goods include— (i) dangerous goods of UN division 2.1 that are not aerosols; or (ii) dangerous goods of UN division 2.3 ; or (iii) dangerous goods of packing group I; or\n- (i) dangerous goods of UN division 2.1 that are not aerosols; or\n- (ii) dangerous goods of UN division 2.3 ; or\n- (iii) dangerous goods of packing group I; or\n- (c) it contains dangerous goods of category A of UN division 6.2 ; or\n- (d) it contains an aggregate quantity of dangerous goods of UN division 6.2 (other than category A) of 10 or more; or\n- (e) it contains an aggregate quantity of dangerous goods of 1,000 or more, other than specified goods.\n- (i) dangerous goods in a receptacle with a capacity of more than 500L; or\n- (ii) more than 500kg of dangerous goods in a receptacle; or\n- (i) dangerous goods of UN division 2.1 that are not aerosols; or\n- (ii) dangerous goods of UN division 2.3 ; or\n- (iii) dangerous goods of packing group I; or\n- (a) the specified goods include an aggregate quantity of 2,000 or more of a dangerous good of a particular UN number from a single place of consignment; or\n- (b) the total gross mass of the specified goods is 8 tonnes or more.\n- (a) the load contains a mixture of specified goods and other dangerous goods; and\n- (b) either of the following calculations apply— (i) if the load contains dangerous goods mentioned in subsection (1) (b) (i) , (ii) or (iii) —the aggregate quantity of the goods, plus 10% of the total gross mass of the specified goods, is 250 or more; (ii) otherwise—the aggregate quantity of the other dangerous goods, plus 25% of the total gross mass of the specified goods, is 1,000 or more.\n- (i) if the load contains dangerous goods mentioned in subsection (1) (b) (i) , (ii) or (iii) —the aggregate quantity of the goods, plus 10% of the total gross mass of the specified goods, is 250 or more;\n- (ii) otherwise—the aggregate quantity of the other dangerous goods, plus 25% of the total gross mass of the specified goods, is 1,000 or more.\n- (i) if the load contains dangerous goods mentioned in subsection (1) (b) (i) , (ii) or (iii) —the aggregate quantity of the goods, plus 10% of the total gross mass of the specified goods, is 250 or more;\n- (ii) otherwise—the aggregate quantity of the other dangerous goods, plus 25% of the total gross mass of the specified goods, is 1,000 or more.\n- (a) dangerous goods packed in limited quantities; or\n- (b) without limiting paragraph (a) , any of the following dangerous goods— (i) fireworks that are bon bons, party poppers or sparklers; (ii) domestic smoke detectors containing radioactive material; (iii) lighters or lighter refills containing flammable gas; (iv) fire extinguishers containing a net mass of not more than 23kg of compressed or liquefied gas; or\n- (i) fireworks that are bon bons, party poppers or sparklers;\n- (ii) domestic smoke detectors containing radioactive material;\n- (iii) lighters or lighter refills containing flammable gas;\n- (iv) fire extinguishers containing a net mass of not more than 23kg of compressed or liquefied gas; or\n- (c) a combination of any of the dangerous goods mentioned in paragraphs (a) and (b) .\n- (i) fireworks that are bon bons, party poppers or sparklers;\n- (ii) domestic smoke detectors containing radioactive material;\n- (iii) lighters or lighter refills containing flammable gas;\n- (iv) fire extinguishers containing a net mass of not more than 23kg of compressed or liquefied gas; or","sortOrder":103},{"sectionNumber":"sec.84","sectionType":"section","heading":"Meaning of placards and appropriately placarded","content":"### sec.84 Meaning of placards and appropriately placarded\n\nA person placards a load that contains dangerous goods if the person affixes, stencils, prints or places a placard about the load on any thing that is being, or that is to be, used to transport the load.\nA placard load is appropriately placarded if it is placarded in accordance with chapter 5.3 of the ADG Code.\n(sec.84-ssec.1) A person placards a load that contains dangerous goods if the person affixes, stencils, prints or places a placard about the load on any thing that is being, or that is to be, used to transport the load.\n(sec.84-ssec.2) A placard load is appropriately placarded if it is placarded in accordance with chapter 5.3 of the ADG Code.","sortOrder":104},{"sectionNumber":"sec.85","sectionType":"section","heading":"Duties of consignors","content":"### sec.85 Duties of consignors\n\nA person must not consign a placard load for transport if the load is not appropriately placarded.\nMaximum penalty—40 penalty units.\nA person must not consign a placard load for transport if the placarding of the load is false or misleading in a material particular.\nMaximum penalty—40 penalty units.\nA person must not consign goods for transport in or on a cargo transport unit that does not contain a placard load but is placarded as if it contained a placard load.\nMaximum penalty—40 penalty units.\nHowever, subsection (3) does not apply if the placarding of the cargo transport unit complies with the requirements for the contents of the cargo transport unit in—\nthe ICAO technical instructions; or\nthe IMDG Code.\n(sec.85-ssec.1) A person must not consign a placard load for transport if the load is not appropriately placarded. Maximum penalty—40 penalty units.\n(sec.85-ssec.2) A person must not consign a placard load for transport if the placarding of the load is false or misleading in a material particular. Maximum penalty—40 penalty units.\n(sec.85-ssec.3) A person must not consign goods for transport in or on a cargo transport unit that does not contain a placard load but is placarded as if it contained a placard load. Maximum penalty—40 penalty units.\n(sec.85-ssec.4) However, subsection (3) does not apply if the placarding of the cargo transport unit complies with the requirements for the contents of the cargo transport unit in— the ICAO technical instructions; or the IMDG Code.\n- (a) the ICAO technical instructions; or\n- (b) the IMDG Code.","sortOrder":105},{"sectionNumber":"sec.86","sectionType":"section","heading":"Duties of loaders","content":"### sec.86 Duties of loaders\n\nA person must not load dangerous goods on to a vehicle for transport if the person knows, or ought reasonably to know, that—\nthe load is a placard load; and\nthe load is not appropriately placarded.\nMaximum penalty—40 penalty units.\nA person who loads a placard load on to a vehicle for transport must not placard the load with placarding that the person knows, or ought reasonably to know, is false or misleading in a material particular.\nMaximum penalty—40 penalty units.\nA person who loads goods on to a vehicle for transport must not placard the load as if it were a placard load if the person knows, or ought reasonably to know, that the load is not a placard load.\nMaximum penalty—40 penalty units.\nHowever, subsection (3) does not apply if the placarding of the load complies with the requirements for the contents of the load in—\nthe ICAO technical instructions; or\nthe IMDG Code.\n(sec.86-ssec.1) A person must not load dangerous goods on to a vehicle for transport if the person knows, or ought reasonably to know, that— the load is a placard load; and the load is not appropriately placarded. Maximum penalty—40 penalty units.\n(sec.86-ssec.2) A person who loads a placard load on to a vehicle for transport must not placard the load with placarding that the person knows, or ought reasonably to know, is false or misleading in a material particular. Maximum penalty—40 penalty units.\n(sec.86-ssec.3) A person who loads goods on to a vehicle for transport must not placard the load as if it were a placard load if the person knows, or ought reasonably to know, that the load is not a placard load. Maximum penalty—40 penalty units.\n(sec.86-ssec.4) However, subsection (3) does not apply if the placarding of the load complies with the requirements for the contents of the load in— the ICAO technical instructions; or the IMDG Code.\n- (a) the load is a placard load; and\n- (b) the load is not appropriately placarded.\n- (a) the ICAO technical instructions; or\n- (b) the IMDG Code.","sortOrder":106},{"sectionNumber":"sec.87","sectionType":"section","heading":"Duties of prime contractors","content":"### sec.87 Duties of prime contractors\n\nA prime contractor must not transport a load that contains dangerous goods if the prime contractor knows, or ought reasonably to know, that—\nthe load is a placard load; and\nthe load is not appropriately placarded.\nMaximum penalty—40 penalty units.\nA prime contractor must not transport a placard load if the prime contractor knows, or ought reasonably to know, that the placarding of the load is false or misleading in a material particular.\nMaximum penalty—40 penalty units.\nA prime contractor must not use a cargo transport unit that is placarded as if it contained a placard load if the prime contractor knows, or ought reasonably to know, that the cargo transport unit does not contain a placard load.\nMaximum penalty—40 penalty units.\nHowever, subsection (3) does not apply if the placarding of the cargo transport unit complies with the requirements for the contents of the cargo transport unit in—\nthe ICAO technical instructions; or\nthe IMDG Code.\n(sec.87-ssec.1) A prime contractor must not transport a load that contains dangerous goods if the prime contractor knows, or ought reasonably to know, that— the load is a placard load; and the load is not appropriately placarded. Maximum penalty—40 penalty units.\n(sec.87-ssec.2) A prime contractor must not transport a placard load if the prime contractor knows, or ought reasonably to know, that the placarding of the load is false or misleading in a material particular. Maximum penalty—40 penalty units.\n(sec.87-ssec.3) A prime contractor must not use a cargo transport unit that is placarded as if it contained a placard load if the prime contractor knows, or ought reasonably to know, that the cargo transport unit does not contain a placard load. Maximum penalty—40 penalty units.\n(sec.87-ssec.4) However, subsection (3) does not apply if the placarding of the cargo transport unit complies with the requirements for the contents of the cargo transport unit in— the ICAO technical instructions; or the IMDG Code.\n- (a) the load is a placard load; and\n- (b) the load is not appropriately placarded.\n- (a) the ICAO technical instructions; or\n- (b) the IMDG Code.","sortOrder":107},{"sectionNumber":"sec.88","sectionType":"section","heading":"Duties of drivers","content":"### sec.88 Duties of drivers\n\nA person must not drive a vehicle transporting a load that contains dangerous goods if the person knows, or ought reasonably to know, that—\nthe load is a placard load; and\nthe load is not appropriately placarded.\nMaximum penalty—30 penalty units.\nA person must not drive a vehicle transporting a placard load if the person knows, or ought reasonably to know, that the placarding of the load is false or misleading in a material particular.\nMaximum penalty—30 penalty units.\nA person must not drive a vehicle that is, or that incorporates, a cargo transport unit that is placarded as if it contained a placard load if the person knows, or ought reasonably to know, that the vehicle or cargo transport unit does not contain a placard load.\nMaximum penalty—30 penalty units.\n(sec.88-ssec.1) A person must not drive a vehicle transporting a load that contains dangerous goods if the person knows, or ought reasonably to know, that— the load is a placard load; and the load is not appropriately placarded. Maximum penalty—30 penalty units.\n(sec.88-ssec.2) A person must not drive a vehicle transporting a placard load if the person knows, or ought reasonably to know, that the placarding of the load is false or misleading in a material particular. Maximum penalty—30 penalty units.\n(sec.88-ssec.3) A person must not drive a vehicle that is, or that incorporates, a cargo transport unit that is placarded as if it contained a placard load if the person knows, or ought reasonably to know, that the vehicle or cargo transport unit does not contain a placard load. Maximum penalty—30 penalty units.\n- (a) the load is a placard load; and\n- (b) the load is not appropriately placarded.","sortOrder":108},{"sectionNumber":"pt.6","sectionType":"part","heading":"Safety standards for vehicles and equipment","content":"# Safety standards for vehicles and equipment","sortOrder":109},{"sectionNumber":"sec.89","sectionType":"section","heading":"Duty of owners","content":"### sec.89 Duty of owners\n\nThe owner of a vehicle must not use the vehicle, or permit it to be used, to transport dangerous goods if the vehicle or its equipment does not comply with chapter 4.4 of the ADG Code.\nMaximum penalty—40 penalty units.","sortOrder":110},{"sectionNumber":"sec.90","sectionType":"section","heading":"Duty of consignors","content":"### sec.90 Duty of consignors\n\nA person must not consign dangerous goods for transport in or on a vehicle if the person knows, or ought reasonably to know, that the vehicle or its equipment does not comply with chapter 4.4 of the ADG Code.\nMaximum penalty—40 penalty units.","sortOrder":111},{"sectionNumber":"sec.91","sectionType":"section","heading":"Duty of loaders","content":"### sec.91 Duty of loaders\n\nA person must not load dangerous goods on to a vehicle for transport if the person knows, or ought reasonably to know, that the vehicle or its equipment does not comply with chapter 4.4 of the ADG Code.\nMaximum penalty—20 penalty units.","sortOrder":112},{"sectionNumber":"sec.92","sectionType":"section","heading":"Duty of prime contractors","content":"### sec.92 Duty of prime contractors\n\nA prime contractor must not use a vehicle to transport dangerous goods if the vehicle or its equipment does not comply with chapter 4.4 of the ADG Code.\nMaximum penalty—40 penalty units.","sortOrder":113},{"sectionNumber":"sec.93","sectionType":"section","heading":"Duty of drivers","content":"### sec.93 Duty of drivers\n\nA person must not drive a vehicle transporting dangerous goods if the person knows, or ought reasonably to know, that the vehicle or its equipment does not comply with chapter 4.4 of the ADG Code.\nMaximum penalty—30 penalty units.","sortOrder":114},{"sectionNumber":"pt.7","sectionType":"part","heading":"Transport operations for particular dangerous goods","content":"# Transport operations for particular dangerous goods","sortOrder":115},{"sectionNumber":"pt.7-div.1","sectionType":"division","heading":"Self-reactive substances, organic peroxides and particular other substances","content":"## Self-reactive substances, organic peroxides and particular other substances","sortOrder":116},{"sectionNumber":"sec.94","sectionType":"section","heading":"Application of division","content":"### sec.94 Application of division\n\nThis division applies to the following types of dangerous goods—\ngases of UN class 2;\nself-reactive substances of UN division 4.1 ;\norganic peroxides of UN division 5.2 ;\nother substances for which—\nthe proper shipping name, within the meaning of the ADG Code, contains the word ‘stabilised’; and\nthe self-accelerating decomposition temperature (as worked out under part 2 of the ADG Code) when presented for transport in a packaging is 50°C or lower;\ntoxic substances of UN division 6.1 or subsidiary hazard 6.1;\ninfectious substances of UN division 6.2 ;\ndangerous when wet substances of UN division 4.3 .\ns 94 amd 2020 SL No. 220 s 26\n- (a) gases of UN class 2;\n- (b) self-reactive substances of UN division 4.1 ;\n- (c) organic peroxides of UN division 5.2 ;\n- (d) other substances for which— (i) the proper shipping name, within the meaning of the ADG Code, contains the word ‘stabilised’; and (ii) the self-accelerating decomposition temperature (as worked out under part 2 of the ADG Code) when presented for transport in a packaging is 50°C or lower;\n- (i) the proper shipping name, within the meaning of the ADG Code, contains the word ‘stabilised’; and\n- (ii) the self-accelerating decomposition temperature (as worked out under part 2 of the ADG Code) when presented for transport in a packaging is 50°C or lower;\n- (e) toxic substances of UN division 6.1 or subsidiary hazard 6.1;\n- (f) infectious substances of UN division 6.2 ;\n- (g) dangerous when wet substances of UN division 4.3 .\n- (i) the proper shipping name, within the meaning of the ADG Code, contains the word ‘stabilised’; and\n- (ii) the self-accelerating decomposition temperature (as worked out under part 2 of the ADG Code) when presented for transport in a packaging is 50°C or lower;","sortOrder":117},{"sectionNumber":"sec.95","sectionType":"section","heading":"Duty of consignors","content":"### sec.95 Duty of consignors\n\nA person must not consign dangerous goods to which this division applies for transport in or on a cargo transport unit if the person knows, or ought reasonably to know, that the goods are not loaded or stowed, or can not be transported or unloaded, in accordance with chapter 7.1 of the ADG Code.\nMaximum penalty—20 penalty units.\ns 95 amd 2020 SL No. 220 s 27","sortOrder":118},{"sectionNumber":"sec.96","sectionType":"section","heading":"Duty of loaders","content":"### sec.96 Duty of loaders\n\nA person must not load dangerous goods to which this division applies for transport in a cargo transport unit other than in accordance with chapter 7.1 of the ADG Code.\nMaximum penalty—20 penalty units.\ns 96 amd 2020 SL No. 220 s 27","sortOrder":119},{"sectionNumber":"sec.97","sectionType":"section","heading":"Duties of prime contractors","content":"### sec.97 Duties of prime contractors\n\nA prime contractor must not transport dangerous goods to which this division applies if the prime contractor knows, or ought reasonably to know, that the transport does not comply with chapter 7.1 of the ADG Code.\nMaximum penalty—20 penalty units.\nA prime contractor responsible for the transport of 1 or more packages of infectious substances of UN division 6.2 who becomes aware of damage to, or leakage from, the package or any of the packages must comply with section 7.1.7.2.2 of the ADG Code.\nMaximum penalty—20 penalty units.\ns 97 amd 2020 SL No. 220 s 27\n(sec.97-ssec.1) A prime contractor must not transport dangerous goods to which this division applies if the prime contractor knows, or ought reasonably to know, that the transport does not comply with chapter 7.1 of the ADG Code. Maximum penalty—20 penalty units.\n(sec.97-ssec.2) A prime contractor responsible for the transport of 1 or more packages of infectious substances of UN division 6.2 who becomes aware of damage to, or leakage from, the package or any of the packages must comply with section 7.1.7.2.2 of the ADG Code. Maximum penalty—20 penalty units.","sortOrder":120},{"sectionNumber":"sec.98","sectionType":"section","heading":"Duty of drivers","content":"### sec.98 Duty of drivers\n\nA person must not drive a vehicle transporting dangerous goods to which this division applies if the person knows, or ought reasonably to know, that the dangerous goods are not being transported in accordance with chapter 7.1 of the ADG Code.\nMaximum penalty—13 penalty units.\ns 98 amd 2020 SL No. 220 s 27","sortOrder":121},{"sectionNumber":"pt.7-div.2","sectionType":"division","heading":"Goods too dangerous to be transported","content":"## Goods too dangerous to be transported","sortOrder":122},{"sectionNumber":"sec.99","sectionType":"section","heading":"Application of division","content":"### sec.99 Application of division\n\nThis division applies in relation to goods too dangerous to be transported.\nSee also section 161Q of the Act .","sortOrder":123},{"sectionNumber":"sec.100","sectionType":"section","heading":"Duty of loaders","content":"### sec.100 Duty of loaders\n\nA person must not load goods for transport in or on a cargo transport unit if the person knows, or ought reasonably to know, that the goods are goods too dangerous to be transported.\nMaximum penalty—20 penalty units.","sortOrder":124},{"sectionNumber":"sec.101","sectionType":"section","heading":"Duty of prime contractors","content":"### sec.101 Duty of prime contractors\n\nA prime contractor must not transport goods if the prime contractor knows, or ought reasonably to know, that the goods are goods too dangerous to be transported.\nMaximum penalty—20 penalty units.","sortOrder":125},{"sectionNumber":"sec.102","sectionType":"section","heading":"Duty of drivers","content":"### sec.102 Duty of drivers\n\nA person must not drive a vehicle transporting goods if the person knows, or ought reasonably to know, that the goods are goods too dangerous to be transported.\nMaximum penalty—13 penalty units.","sortOrder":126},{"sectionNumber":"pt.7A","sectionType":"part","heading":"Nominally empty storage vessels","content":"# Nominally empty storage vessels","sortOrder":127},{"sectionNumber":"sec.102A","sectionType":"section","heading":"Definition for division","content":"### sec.102A Definition for division\n\nIn this part—\nnominally empty storage vessel means a tank or hopper in relation to which section 7.2.7.1 of the ADG Code applies.\ns 102A ins 2020 SL No. 220 s 28","sortOrder":128},{"sectionNumber":"sec.102B","sectionType":"section","heading":"Duty of consignors","content":"### sec.102B Duty of consignors\n\nA person must not consign a nominally empty storage vessel for transport in a cargo transport unit if the person knows, or ought reasonably to know, that the vessel is not loaded or stowed, or can not be transported or unloaded, in accordance with chapter 7.2 of the ADG Code.\nMaximum penalty—20 penalty units.\ns 102B ins 2020 SL No. 220 s 28","sortOrder":129},{"sectionNumber":"sec.102C","sectionType":"section","heading":"Duty of loaders","content":"### sec.102C Duty of loaders\n\nA person must not load a nominally empty storage vessel for transport in a cargo transport unit other than in accordance with chapter 7.2 of the ADG Code.\nMaximum penalty—20 penalty units.\ns 102C ins 2020 SL No. 220 s 28","sortOrder":130},{"sectionNumber":"sec.102D","sectionType":"section","heading":"Duty of prime contractors","content":"### sec.102D Duty of prime contractors\n\nA prime contractor must not transport a nominally empty storage vessel if the contractor knows, or ought reasonably to know, that the transport does not comply with chapter 7.2 of the ADG Code.\nMaximum penalty—20 penalty units.\ns 102D ins 2020 SL No. 220 s 28","sortOrder":131},{"sectionNumber":"sec.102E","sectionType":"section","heading":"Duty of drivers","content":"### sec.102E Duty of drivers\n\nA person must not drive a vehicle transporting a nominally empty storage vessel if the person knows, or ought reasonably to know, that the transport does not comply with chapter 7.2 of the ADG Code.\nMaximum penalty—13 penalty units.\ns 102E ins 2020 SL No. 220 s 28","sortOrder":132},{"sectionNumber":"pt.8","sectionType":"part","heading":"Stowage and restraint","content":"# Stowage and restraint","sortOrder":133},{"sectionNumber":"sec.103","sectionType":"section","heading":"Duties of consignors","content":"### sec.103 Duties of consignors\n\nA person must not consign dangerous goods for transport in or on a vehicle if the person knows, or ought reasonably to know, that the goods or their packaging are not, or will not be, loaded, stowed and restrained in accordance with chapter 8.1 of the ADG Code.\nMaximum penalty—20 penalty units.\nA person must not consign dangerous goods for transport in or on a cargo transport unit if the person knows, or ought reasonably to know, that the cargo transport unit is not, or will not be, restrained in accordance with chapter 8.2 of the ADG Code.\nMaximum penalty—20 penalty units.\n(sec.103-ssec.1) A person must not consign dangerous goods for transport in or on a vehicle if the person knows, or ought reasonably to know, that the goods or their packaging are not, or will not be, loaded, stowed and restrained in accordance with chapter 8.1 of the ADG Code. Maximum penalty—20 penalty units.\n(sec.103-ssec.2) A person must not consign dangerous goods for transport in or on a cargo transport unit if the person knows, or ought reasonably to know, that the cargo transport unit is not, or will not be, restrained in accordance with chapter 8.2 of the ADG Code. Maximum penalty—20 penalty units.","sortOrder":134},{"sectionNumber":"sec.104","sectionType":"section","heading":"Duties of loaders","content":"### sec.104 Duties of loaders\n\nA person who loads dangerous goods for transport in or on a vehicle must load, stow and restrain the goods and their packaging in accordance with chapter 8.1 of the ADG Code.\nMaximum penalty—20 penalty units.\nA person who loads for transport in or on a vehicle dangerous goods that are in or on a cargo transport unit must restrain the cargo transport unit in accordance with chapter 8.2 of the ADG Code.\nMaximum penalty—20 penalty units.\n(sec.104-ssec.1) A person who loads dangerous goods for transport in or on a vehicle must load, stow and restrain the goods and their packaging in accordance with chapter 8.1 of the ADG Code. Maximum penalty—20 penalty units.\n(sec.104-ssec.2) A person who loads for transport in or on a vehicle dangerous goods that are in or on a cargo transport unit must restrain the cargo transport unit in accordance with chapter 8.2 of the ADG Code. Maximum penalty—20 penalty units.","sortOrder":135},{"sectionNumber":"sec.105","sectionType":"section","heading":"Duties of prime contractors","content":"### sec.105 Duties of prime contractors\n\nA prime contractor must not transport dangerous goods in or on a vehicle if the prime contractor knows, or ought reasonably to know, that the goods or their packaging have not been loaded or stowed, or are not restrained, in accordance with chapter 8.1 of the ADG Code.\nMaximum penalty—20 penalty units.\nA prime contractor must not transport dangerous goods in or on a cargo transport unit if the prime contractor knows, or ought reasonably to know, that the goods or their packaging are not restrained in accordance with chapter 8.2 of the ADG Code.\nMaximum penalty—20 penalty units.\n(sec.105-ssec.1) A prime contractor must not transport dangerous goods in or on a vehicle if the prime contractor knows, or ought reasonably to know, that the goods or their packaging have not been loaded or stowed, or are not restrained, in accordance with chapter 8.1 of the ADG Code. Maximum penalty—20 penalty units.\n(sec.105-ssec.2) A prime contractor must not transport dangerous goods in or on a cargo transport unit if the prime contractor knows, or ought reasonably to know, that the goods or their packaging are not restrained in accordance with chapter 8.2 of the ADG Code. Maximum penalty—20 penalty units.","sortOrder":136},{"sectionNumber":"sec.106","sectionType":"section","heading":"Duties of drivers","content":"### sec.106 Duties of drivers\n\nA person must not drive a vehicle transporting dangerous goods if the person knows, or ought reasonably to know, that the goods or their packaging have not been loaded or stowed, or are not restrained, in accordance with chapter 8.1 of the ADG Code.\nMaximum penalty—13 penalty units.\nA person must not drive a vehicle transporting dangerous goods in or on a cargo transport unit if the person knows, or ought reasonably to know, that the goods or their packaging are not restrained in accordance with chapter 8.2 of the ADG Code.\nMaximum penalty—13 penalty units.\n(sec.106-ssec.1) A person must not drive a vehicle transporting dangerous goods if the person knows, or ought reasonably to know, that the goods or their packaging have not been loaded or stowed, or are not restrained, in accordance with chapter 8.1 of the ADG Code. Maximum penalty—13 penalty units.\n(sec.106-ssec.2) A person must not drive a vehicle transporting dangerous goods in or on a cargo transport unit if the person knows, or ought reasonably to know, that the goods or their packaging are not restrained in accordance with chapter 8.2 of the ADG Code. Maximum penalty—13 penalty units.","sortOrder":137},{"sectionNumber":"pt.9","sectionType":"part","heading":"Segregation","content":"# Segregation","sortOrder":138},{"sectionNumber":"sec.107","sectionType":"section","heading":"Application of part","content":"### sec.107 Application of part\n\nThis part applies in relation to—\nthe transport of a placard load; and\nthe transport of a load that contains dangerous goods, but is not a placard load, if—\nthe load contains dangerous goods of UN division 2.3 , UN class 6 or UN class 8, or dangerous goods that have a subsidiary hazard of 6.1 or 8; and\nthe load is being transported, or is to be transported, with food or food packaging.\nHowever, this part does not apply to the transport of dangerous goods packed in limited quantities.\n(sec.107-ssec.1) This part applies in relation to— the transport of a placard load; and the transport of a load that contains dangerous goods, but is not a placard load, if— the load contains dangerous goods of UN division 2.3 , UN class 6 or UN class 8, or dangerous goods that have a subsidiary hazard of 6.1 or 8; and the load is being transported, or is to be transported, with food or food packaging.\n(sec.107-ssec.2) However, this part does not apply to the transport of dangerous goods packed in limited quantities.\n- (a) the transport of a placard load; and\n- (b) the transport of a load that contains dangerous goods, but is not a placard load, if— (i) the load contains dangerous goods of UN division 2.3 , UN class 6 or UN class 8, or dangerous goods that have a subsidiary hazard of 6.1 or 8; and (ii) the load is being transported, or is to be transported, with food or food packaging.\n- (i) the load contains dangerous goods of UN division 2.3 , UN class 6 or UN class 8, or dangerous goods that have a subsidiary hazard of 6.1 or 8; and\n- (ii) the load is being transported, or is to be transported, with food or food packaging.\n- (i) the load contains dangerous goods of UN division 2.3 , UN class 6 or UN class 8, or dangerous goods that have a subsidiary hazard of 6.1 or 8; and\n- (ii) the load is being transported, or is to be transported, with food or food packaging.","sortOrder":139},{"sectionNumber":"sec.108","sectionType":"section","heading":"Exception for particular goods for driver’s personal use","content":"### sec.108 Exception for particular goods for driver’s personal use\n\nDespite sections 109 to 112 , food and food packaging may be transported in or on a vehicle with dangerous goods if the food or packaging is in the vehicle’s cabin and is for the driver’s personal use.\nDespite sections 109 to 112 , a fire-risk substance may be transported in or on a vehicle with dangerous goods if the fire-risk substance is in the vehicle’s cabin and is for the driver’s personal use.\nIn this section—\nfire-risk substance means a readily ignitable solid substance.\nhay, sawdust, wastepaper, woodchips\n(sec.108-ssec.1) Despite sections 109 to 112 , food and food packaging may be transported in or on a vehicle with dangerous goods if the food or packaging is in the vehicle’s cabin and is for the driver’s personal use.\n(sec.108-ssec.2) Despite sections 109 to 112 , a fire-risk substance may be transported in or on a vehicle with dangerous goods if the fire-risk substance is in the vehicle’s cabin and is for the driver’s personal use.\n(sec.108-ssec.3) In this section— fire-risk substance means a readily ignitable solid substance. hay, sawdust, wastepaper, woodchips","sortOrder":140},{"sectionNumber":"sec.109","sectionType":"section","heading":"Duty of consignors","content":"### sec.109 Duty of consignors\n\nA person must not consign dangerous goods for transport in or on a vehicle if the person knows, or ought reasonably to know, that—\nthe vehicle is, in the same journey, transporting goods that are incompatible with the dangerous goods; and\nthe dangerous goods will not be segregated from the incompatible goods in accordance with either—\npart 9 of the ADG Code; or\nan approval under section 113 .\nMaximum penalty—40 penalty units.\n- (a) the vehicle is, in the same journey, transporting goods that are incompatible with the dangerous goods; and\n- (b) the dangerous goods will not be segregated from the incompatible goods in accordance with either— (i) part 9 of the ADG Code; or (ii) an approval under section 113 .\n- (i) part 9 of the ADG Code; or\n- (ii) an approval under section 113 .\n- (i) part 9 of the ADG Code; or\n- (ii) an approval under section 113 .","sortOrder":141},{"sectionNumber":"sec.110","sectionType":"section","heading":"Duty of loaders","content":"### sec.110 Duty of loaders\n\nA person must not load dangerous goods for transport in or on a vehicle if the person knows, or ought reasonably to know, that—\nthe vehicle is, in the same journey, transporting goods that are incompatible with the dangerous goods; and\nthe dangerous goods will not be segregated from the incompatible goods in accordance with either—\npart 9 of the ADG Code; or\nan approval under section 113 .\nMaximum penalty—40 penalty units.\n- (a) the vehicle is, in the same journey, transporting goods that are incompatible with the dangerous goods; and\n- (b) the dangerous goods will not be segregated from the incompatible goods in accordance with either— (i) part 9 of the ADG Code; or (ii) an approval under section 113 .\n- (i) part 9 of the ADG Code; or\n- (ii) an approval under section 113 .\n- (i) part 9 of the ADG Code; or\n- (ii) an approval under section 113 .","sortOrder":142},{"sectionNumber":"sec.111","sectionType":"section","heading":"Duty of prime contractors","content":"### sec.111 Duty of prime contractors\n\nA prime contractor must not use a vehicle to transport dangerous goods if the prime contractor knows, or ought reasonably to know, that—\nthe vehicle is, in the same journey, transporting goods that are incompatible with the dangerous goods; and\nthe dangerous goods are not segregated from the incompatible goods in accordance with either—\npart 9 of the ADG Code; or\nan approval under section 113 .\nMaximum penalty—40 penalty units.\n- (a) the vehicle is, in the same journey, transporting goods that are incompatible with the dangerous goods; and\n- (b) the dangerous goods are not segregated from the incompatible goods in accordance with either— (i) part 9 of the ADG Code; or (ii) an approval under section 113 .\n- (i) part 9 of the ADG Code; or\n- (ii) an approval under section 113 .\n- (i) part 9 of the ADG Code; or\n- (ii) an approval under section 113 .","sortOrder":143},{"sectionNumber":"sec.112","sectionType":"section","heading":"Duty of drivers","content":"### sec.112 Duty of drivers\n\nA person must not drive a vehicle transporting dangerous goods if the person knows, or ought reasonably to know, that—\nthe vehicle is, in the same journey, transporting goods that are incompatible with the dangerous goods; and\nthe dangerous goods are not segregated from the incompatible goods in accordance with either—\npart 9 of the ADG Code; or\nan approval under section 113 .\nMaximum penalty—13 penalty units.\n- (a) the vehicle is, in the same journey, transporting goods that are incompatible with the dangerous goods; and\n- (b) the dangerous goods are not segregated from the incompatible goods in accordance with either— (i) part 9 of the ADG Code; or (ii) an approval under section 113 .\n- (i) part 9 of the ADG Code; or\n- (ii) an approval under section 113 .\n- (i) part 9 of the ADG Code; or\n- (ii) an approval under section 113 .","sortOrder":144},{"sectionNumber":"sec.113","sectionType":"section","heading":"Approval of methods of segregation","content":"### sec.113 Approval of methods of segregation\n\nThe chief executive may, on application under section 172 , approve a method of segregation, not complying with part 9 of the ADG Code, for transporting dangerous goods and goods that are incompatible with the dangerous goods, if the chief executive considers that—\nit is impracticable to segregate the dangerous goods from the incompatible goods by a segregation device, or method of segregation, complying with that part; and\nthe risk involved in using the method to transport the goods is not greater than the risk involved in using a device or method complying with that part to transport the goods.\nIn giving an approval under subsection (1) , the chief executive may impose on the approval any condition necessary for the safe transport of dangerous goods.\nA person to whom an approval has been given under this section must not contravene a condition of the approval.\nMaximum penalty—40 penalty units.\n(sec.113-ssec.1) The chief executive may, on application under section 172 , approve a method of segregation, not complying with part 9 of the ADG Code, for transporting dangerous goods and goods that are incompatible with the dangerous goods, if the chief executive considers that— it is impracticable to segregate the dangerous goods from the incompatible goods by a segregation device, or method of segregation, complying with that part; and the risk involved in using the method to transport the goods is not greater than the risk involved in using a device or method complying with that part to transport the goods.\n(sec.113-ssec.2) In giving an approval under subsection (1) , the chief executive may impose on the approval any condition necessary for the safe transport of dangerous goods.\n(sec.113-ssec.3) A person to whom an approval has been given under this section must not contravene a condition of the approval. Maximum penalty—40 penalty units.\n- (a) it is impracticable to segregate the dangerous goods from the incompatible goods by a segregation device, or method of segregation, complying with that part; and\n- (b) the risk involved in using the method to transport the goods is not greater than the risk involved in using a device or method complying with that part to transport the goods.","sortOrder":145},{"sectionNumber":"sec.114","sectionType":"section","heading":"Approval of design of type II segregation devices","content":"### sec.114 Approval of design of type II segregation devices\n\nThis section provides for the approval of the design of a type II segregation device for chapter 6.11 of the ADG Code.\nA person may apply to the chief executive for the approval of a design for a type II segregation device for use in the transport of dangerous goods.\nAn application for approval must—\nbe made under section 172 ; and\ninclude sufficient information to enable the chief executive to decide whether the design complies with chapter 6.11 of the ADG Code.\nThe chief executive may, on application under subsection (2) , approve a design for a type II segregation device if the design complies with chapter 6.11 of the ADG Code.\nIn giving an approval under subsection (4) , the chief executive may impose on the approval any condition necessary for the safe transport of dangerous goods.\nA person to whom an approval has been given under this section must not contravene a condition of the approval.\nMaximum penalty—40 penalty units.\n(sec.114-ssec.1) This section provides for the approval of the design of a type II segregation device for chapter 6.11 of the ADG Code.\n(sec.114-ssec.2) A person may apply to the chief executive for the approval of a design for a type II segregation device for use in the transport of dangerous goods.\n(sec.114-ssec.3) An application for approval must— be made under section 172 ; and include sufficient information to enable the chief executive to decide whether the design complies with chapter 6.11 of the ADG Code.\n(sec.114-ssec.4) The chief executive may, on application under subsection (2) , approve a design for a type II segregation device if the design complies with chapter 6.11 of the ADG Code.\n(sec.114-ssec.5) In giving an approval under subsection (4) , the chief executive may impose on the approval any condition necessary for the safe transport of dangerous goods.\n(sec.114-ssec.6) A person to whom an approval has been given under this section must not contravene a condition of the approval. Maximum penalty—40 penalty units.\n- (a) be made under section 172 ; and\n- (b) include sufficient information to enable the chief executive to decide whether the design complies with chapter 6.11 of the ADG Code.","sortOrder":146},{"sectionNumber":"pt.10","sectionType":"part","heading":"Bulk transfer of dangerous goods","content":"# Bulk transfer of dangerous goods","sortOrder":147},{"sectionNumber":"pt.10-div.1","sectionType":"division","heading":"General","content":"## General","sortOrder":148},{"sectionNumber":"sec.115","sectionType":"section","heading":"Definition for part","content":"### sec.115 Definition for part\n\nIn this part—\nbulk transfer means to transfer liquid, solid or gaseous goods—\nby gravity, pump or pressure differential; and\nusing pipework or a hose; and\ninto or out of—\na tank vehicle; or\na portable tank, demountable tank, bulk container, pressure drum, tube, MEGC or IBC that is on a vehicle.\n- (a) by gravity, pump or pressure differential; and\n- (b) using pipework or a hose; and\n- (c) into or out of— (i) a tank vehicle; or (ii) a portable tank, demountable tank, bulk container, pressure drum, tube, MEGC or IBC that is on a vehicle.\n- (i) a tank vehicle; or\n- (ii) a portable tank, demountable tank, bulk container, pressure drum, tube, MEGC or IBC that is on a vehicle.\n- (i) a tank vehicle; or\n- (ii) a portable tank, demountable tank, bulk container, pressure drum, tube, MEGC or IBC that is on a vehicle.","sortOrder":149},{"sectionNumber":"pt.10-div.2","sectionType":"division","heading":"Equipment and transfer","content":"## Equipment and transfer","sortOrder":150},{"sectionNumber":"sec.116","sectionType":"section","heading":"Definitions for division","content":"### sec.116 Definitions for division\n\nIn this division—\nprescribed dangerous goods means—\ndangerous goods of UN division 2.1 or subsidiary hazard 2.1; or\ndangerous goods of UN class 3 or subsidiary hazard 3.\nprescribed way means—\nfor the bulk transfer of prescribed dangerous goods—a way that—\ncomplies with chapter 10.2 of the ADG Code, to the extent the chapter is not inconsistent with subparagraph (ii) ; and\nensures the distance between a source of ignition and a hose connection point is at least—\nfor dangerous goods of UN division 2.1 or subsidiary hazard 2.1—10m; or\nfor dangerous goods of UN class 3 or subsidiary hazard 3—8m; or\nfor the bulk transfer of other dangerous goods—a way that complies with chapter 10.2 of the ADG Code.\n- (a) dangerous goods of UN division 2.1 or subsidiary hazard 2.1; or\n- (b) dangerous goods of UN class 3 or subsidiary hazard 3.\n- (a) for the bulk transfer of prescribed dangerous goods—a way that— (i) complies with chapter 10.2 of the ADG Code, to the extent the chapter is not inconsistent with subparagraph (ii) ; and (ii) ensures the distance between a source of ignition and a hose connection point is at least— (A) for dangerous goods of UN division 2.1 or subsidiary hazard 2.1—10m; or (B) for dangerous goods of UN class 3 or subsidiary hazard 3—8m; or\n- (i) complies with chapter 10.2 of the ADG Code, to the extent the chapter is not inconsistent with subparagraph (ii) ; and\n- (ii) ensures the distance between a source of ignition and a hose connection point is at least— (A) for dangerous goods of UN division 2.1 or subsidiary hazard 2.1—10m; or (B) for dangerous goods of UN class 3 or subsidiary hazard 3—8m; or\n- (A) for dangerous goods of UN division 2.1 or subsidiary hazard 2.1—10m; or\n- (B) for dangerous goods of UN class 3 or subsidiary hazard 3—8m; or\n- (b) for the bulk transfer of other dangerous goods—a way that complies with chapter 10.2 of the ADG Code.\n- (i) complies with chapter 10.2 of the ADG Code, to the extent the chapter is not inconsistent with subparagraph (ii) ; and\n- (ii) ensures the distance between a source of ignition and a hose connection point is at least— (A) for dangerous goods of UN division 2.1 or subsidiary hazard 2.1—10m; or (B) for dangerous goods of UN class 3 or subsidiary hazard 3—8m; or\n- (A) for dangerous goods of UN division 2.1 or subsidiary hazard 2.1—10m; or\n- (B) for dangerous goods of UN class 3 or subsidiary hazard 3—8m; or\n- (A) for dangerous goods of UN division 2.1 or subsidiary hazard 2.1—10m; or\n- (B) for dangerous goods of UN class 3 or subsidiary hazard 3—8m; or","sortOrder":151},{"sectionNumber":"sec.117","sectionType":"section","heading":"Duties of transferors—hose assemblies","content":"### sec.117 Duties of transferors—hose assemblies\n\nA person must not use a hose assembly for the bulk transfer of dangerous goods if the person knows, or ought reasonably to know, that the assembly is damaged or defective to the extent that it is not safe to use to transfer the goods.\nMaximum penalty—30 penalty units.\nA person must not use a hose assembly for the bulk transfer of dangerous goods if the person knows, or ought reasonably to know, that the hose assembly—\nhas not been constructed, assembled or maintained in accordance with chapter 10.1 of the ADG Code; or\nhas not been inspected or tested at the intervals, or in the way, required under that chapter; or\ndid not satisfy a test under that chapter.\nMaximum penalty—40 penalty units.\n(sec.117-ssec.1) A person must not use a hose assembly for the bulk transfer of dangerous goods if the person knows, or ought reasonably to know, that the assembly is damaged or defective to the extent that it is not safe to use to transfer the goods. Maximum penalty—30 penalty units.\n(sec.117-ssec.2) A person must not use a hose assembly for the bulk transfer of dangerous goods if the person knows, or ought reasonably to know, that the hose assembly— has not been constructed, assembled or maintained in accordance with chapter 10.1 of the ADG Code; or has not been inspected or tested at the intervals, or in the way, required under that chapter; or did not satisfy a test under that chapter. Maximum penalty—40 penalty units.\n- (a) has not been constructed, assembled or maintained in accordance with chapter 10.1 of the ADG Code; or\n- (b) has not been inspected or tested at the intervals, or in the way, required under that chapter; or\n- (c) did not satisfy a test under that chapter.","sortOrder":152},{"sectionNumber":"sec.118","sectionType":"section","heading":"Duties of transferors—general","content":"### sec.118 Duties of transferors—general\n\nA person must not bulk transfer dangerous goods unless the goods are transferred—\nin the prescribed way; and\nin a way that eliminates risk or, if it is not possible to eliminate risk, that minimises risk to the maximum extent that is practicable.\nMaximum penalty—20 penalty units.\nA person must not bulk transfer dangerous goods if the person knows, or ought reasonably to know, that—\nthe receptacle to which the goods are being or are to be transferred, or the equipment used or to be used to transfer the goods, is incompatible with the dangerous goods; or\nthe receptacle to which the goods are being or are to be transferred contains goods that are incompatible with the dangerous goods.\nMaximum penalty—20 penalty units.\nIf dangerous goods leak, spill or escape during a bulk transfer, the person transferring the goods—\nmust immediately stop transferring the goods; and\nmust take steps to eliminate risk or, if it is not possible to eliminate risk, to minimise risk to the greatest practicable extent; and\nmust not start transferring the goods again until the conditions causing the leak, spill or escape have been rectified.\nMaximum penalty—20 penalty units.\nIt is a defence to a prosecution for an offence against subsection (1) that the person complied with that subsection as far as practicable.\nSubsection (4) does not apply in relation to a contravention of a requirement mentioned in section 116 , definition prescribed way , paragraph (a) (ii) .\n(sec.118-ssec.1) A person must not bulk transfer dangerous goods unless the goods are transferred— in the prescribed way; and in a way that eliminates risk or, if it is not possible to eliminate risk, that minimises risk to the maximum extent that is practicable. Maximum penalty—20 penalty units.\n(sec.118-ssec.2) A person must not bulk transfer dangerous goods if the person knows, or ought reasonably to know, that— the receptacle to which the goods are being or are to be transferred, or the equipment used or to be used to transfer the goods, is incompatible with the dangerous goods; or the receptacle to which the goods are being or are to be transferred contains goods that are incompatible with the dangerous goods. Maximum penalty—20 penalty units.\n(sec.118-ssec.3) If dangerous goods leak, spill or escape during a bulk transfer, the person transferring the goods— must immediately stop transferring the goods; and must take steps to eliminate risk or, if it is not possible to eliminate risk, to minimise risk to the greatest practicable extent; and must not start transferring the goods again until the conditions causing the leak, spill or escape have been rectified. Maximum penalty—20 penalty units.\n(sec.118-ssec.4) It is a defence to a prosecution for an offence against subsection (1) that the person complied with that subsection as far as practicable.\n(sec.118-ssec.5) Subsection (4) does not apply in relation to a contravention of a requirement mentioned in section 116 , definition prescribed way , paragraph (a) (ii) .\n- (a) in the prescribed way; and\n- (b) in a way that eliminates risk or, if it is not possible to eliminate risk, that minimises risk to the maximum extent that is practicable.\n- (a) the receptacle to which the goods are being or are to be transferred, or the equipment used or to be used to transfer the goods, is incompatible with the dangerous goods; or\n- (b) the receptacle to which the goods are being or are to be transferred contains goods that are incompatible with the dangerous goods.\n- (a) must immediately stop transferring the goods; and\n- (b) must take steps to eliminate risk or, if it is not possible to eliminate risk, to minimise risk to the greatest practicable extent; and\n- (c) must not start transferring the goods again until the conditions causing the leak, spill or escape have been rectified.","sortOrder":153},{"sectionNumber":"sec.119","sectionType":"section","heading":"Duties of occupiers","content":"### sec.119 Duties of occupiers\n\nThe occupier of premises at which the bulk transfer of dangerous goods happens must not keep on the premises a hose assembly for use in the transfer (other than a hose assembly brought on to the premises on the vehicle involved in the transfer) that—\nhas not been constructed, assembled and maintained in accordance with chapter 10.1 of the ADG Code; or\nhas not been inspected and tested at the intervals, and in the way, required under that chapter; or\ndid not satisfy a test under that chapter.\nMaximum penalty—20 penalty units.\nThe occupier of premises at which the bulk transfer of dangerous goods happens must not transfer the goods, or permit the goods to be transferred, other than—\nin the prescribed way; and\nin a way that eliminates risk or, if it is not possible to eliminate risk, that minimises risk to the maximum extent that is practicable.\nMaximum penalty—40 penalty units.\nThe occupier of premises at which the bulk transfer of dangerous goods happens must keep, in accordance with section 10.1.3.4 of the ADG Code, accurate records of all maintenance work, and each inspection and test, performed on the hose assembly.\nMaximum penalty—7 1 / 2 penalty units.\nIt is a defence to a prosecution for an offence against subsection (2) that the person complied with that subsection as far as practicable.\nSubsection (4) does not apply in relation to a contravention of a requirement mentioned in section 116 , definition prescribed way , paragraph (a) (ii) .\n(sec.119-ssec.1) The occupier of premises at which the bulk transfer of dangerous goods happens must not keep on the premises a hose assembly for use in the transfer (other than a hose assembly brought on to the premises on the vehicle involved in the transfer) that— has not been constructed, assembled and maintained in accordance with chapter 10.1 of the ADG Code; or has not been inspected and tested at the intervals, and in the way, required under that chapter; or did not satisfy a test under that chapter. Maximum penalty—20 penalty units.\n(sec.119-ssec.2) The occupier of premises at which the bulk transfer of dangerous goods happens must not transfer the goods, or permit the goods to be transferred, other than— in the prescribed way; and in a way that eliminates risk or, if it is not possible to eliminate risk, that minimises risk to the maximum extent that is practicable. Maximum penalty—40 penalty units.\n(sec.119-ssec.3) The occupier of premises at which the bulk transfer of dangerous goods happens must keep, in accordance with section 10.1.3.4 of the ADG Code, accurate records of all maintenance work, and each inspection and test, performed on the hose assembly. Maximum penalty—7 1 / 2 penalty units.\n(sec.119-ssec.4) It is a defence to a prosecution for an offence against subsection (2) that the person complied with that subsection as far as practicable.\n(sec.119-ssec.5) Subsection (4) does not apply in relation to a contravention of a requirement mentioned in section 116 , definition prescribed way , paragraph (a) (ii) .\n- (a) has not been constructed, assembled and maintained in accordance with chapter 10.1 of the ADG Code; or\n- (b) has not been inspected and tested at the intervals, and in the way, required under that chapter; or\n- (c) did not satisfy a test under that chapter.\n- (a) in the prescribed way; and\n- (b) in a way that eliminates risk or, if it is not possible to eliminate risk, that minimises risk to the maximum extent that is practicable.","sortOrder":154},{"sectionNumber":"sec.120","sectionType":"section","heading":"Duties of prime contractors","content":"### sec.120 Duties of prime contractors\n\nA prime contractor must not use, or permit to be used, a hose assembly for the bulk transfer of dangerous goods (other than a hose assembly for which the prime contractor is not responsible) that—\nhas not been constructed, assembled and maintained in accordance with chapter 10.1 of the ADG Code; or\nhas not been inspected and tested at the intervals, and in the way, required under that chapter; or\ndid not satisfy a test under that chapter.\nMaximum penalty—20 penalty units.\nA prime contractor must not bulk transfer, or permit to be bulk transferred, dangerous goods unless the goods are transferred—\nin the prescribed way; and\nin a way that eliminates risk or, if it is not possible to eliminate risk, that minimises risk to the greatest practicable extent.\nMaximum penalty—40 penalty units.\nThe prime contractor must keep, in accordance with section 10.1.3.4 of the ADG Code, accurate records of all maintenance work, and each inspection and test, performed on the hose assembly.\nMaximum penalty—7 1 / 2 penalty units.\nIt is a defence to a prosecution for an offence against subsection (2) that the prime contractor complied with that subsection as far as practicable.\nSubsection (4) does not apply in relation to a contravention of a requirement mentioned in section 116 , definition prescribed way , paragraph (a) (ii) .\n(sec.120-ssec.1) A prime contractor must not use, or permit to be used, a hose assembly for the bulk transfer of dangerous goods (other than a hose assembly for which the prime contractor is not responsible) that— has not been constructed, assembled and maintained in accordance with chapter 10.1 of the ADG Code; or has not been inspected and tested at the intervals, and in the way, required under that chapter; or did not satisfy a test under that chapter. Maximum penalty—20 penalty units.\n(sec.120-ssec.2) A prime contractor must not bulk transfer, or permit to be bulk transferred, dangerous goods unless the goods are transferred— in the prescribed way; and in a way that eliminates risk or, if it is not possible to eliminate risk, that minimises risk to the greatest practicable extent. Maximum penalty—40 penalty units.\n(sec.120-ssec.3) The prime contractor must keep, in accordance with section 10.1.3.4 of the ADG Code, accurate records of all maintenance work, and each inspection and test, performed on the hose assembly. Maximum penalty—7 1 / 2 penalty units.\n(sec.120-ssec.4) It is a defence to a prosecution for an offence against subsection (2) that the prime contractor complied with that subsection as far as practicable.\n(sec.120-ssec.5) Subsection (4) does not apply in relation to a contravention of a requirement mentioned in section 116 , definition prescribed way , paragraph (a) (ii) .\n- (a) has not been constructed, assembled and maintained in accordance with chapter 10.1 of the ADG Code; or\n- (b) has not been inspected and tested at the intervals, and in the way, required under that chapter; or\n- (c) did not satisfy a test under that chapter.\n- (a) in the prescribed way; and\n- (b) in a way that eliminates risk or, if it is not possible to eliminate risk, that minimises risk to the greatest practicable extent.","sortOrder":155},{"sectionNumber":"pt.10-div.3","sectionType":"division","heading":"Filling ratio and ullage","content":"## Filling ratio and ullage","sortOrder":156},{"sectionNumber":"sec.121","sectionType":"section","heading":"Application of division","content":"### sec.121 Application of division\n\nThis division applies in relation to the bulk transfer of dangerous goods into a tank vehicle.","sortOrder":157},{"sectionNumber":"sec.122","sectionType":"section","heading":"Duties of transferors","content":"### sec.122 Duties of transferors\n\nA person must not bulk transfer dangerous goods into a tank of a tank vehicle if—\nfor dangerous goods of UN class 2 that are not in the form of refrigerated liquid—the quantity of the goods in the tank is more than the maximum permitted filling ratio stated in section 10.3.2 of the ADG Code; or\notherwise—the ullage in the tank does not comply with section 10.3.1 of the ADG Code.\nMaximum penalty—20 penalty units.\nA person must not bulk transfer other goods into a tank (the other goods tank ) of a tank vehicle if—\nthe person knows, or ought reasonably to know, that the other goods tank or another tank of the tank vehicle—\nis carrying dangerous goods; or\nis likely to carry dangerous goods before the other goods tank is emptied; and\nthe ullage in the other goods tank would not comply with section 10.3.1 of the ADG Code if the other goods were dangerous goods.\nMaximum penalty—20 penalty units.\n(sec.122-ssec.1) A person must not bulk transfer dangerous goods into a tank of a tank vehicle if— for dangerous goods of UN class 2 that are not in the form of refrigerated liquid—the quantity of the goods in the tank is more than the maximum permitted filling ratio stated in section 10.3.2 of the ADG Code; or otherwise—the ullage in the tank does not comply with section 10.3.1 of the ADG Code. Maximum penalty—20 penalty units.\n(sec.122-ssec.2) A person must not bulk transfer other goods into a tank (the other goods tank ) of a tank vehicle if— the person knows, or ought reasonably to know, that the other goods tank or another tank of the tank vehicle— is carrying dangerous goods; or is likely to carry dangerous goods before the other goods tank is emptied; and the ullage in the other goods tank would not comply with section 10.3.1 of the ADG Code if the other goods were dangerous goods. Maximum penalty—20 penalty units.\n- (a) for dangerous goods of UN class 2 that are not in the form of refrigerated liquid—the quantity of the goods in the tank is more than the maximum permitted filling ratio stated in section 10.3.2 of the ADG Code; or\n- (b) otherwise—the ullage in the tank does not comply with section 10.3.1 of the ADG Code.\n- (a) the person knows, or ought reasonably to know, that the other goods tank or another tank of the tank vehicle— (i) is carrying dangerous goods; or (ii) is likely to carry dangerous goods before the other goods tank is emptied; and\n- (i) is carrying dangerous goods; or\n- (ii) is likely to carry dangerous goods before the other goods tank is emptied; and\n- (b) the ullage in the other goods tank would not comply with section 10.3.1 of the ADG Code if the other goods were dangerous goods.\n- (i) is carrying dangerous goods; or\n- (ii) is likely to carry dangerous goods before the other goods tank is emptied; and","sortOrder":158},{"sectionNumber":"sec.123","sectionType":"section","heading":"Duties of prime contractors","content":"### sec.123 Duties of prime contractors\n\nA prime contractor must not transport dangerous goods in a tank of a tank vehicle if—\nfor dangerous goods of UN class 2 that are not in the form of refrigerated liquid—the quantity of goods in the tank is more than the maximum permitted filling ratio stated in section 10.3.2 of the ADG Code; or\notherwise—the ullage in the tank does not comply with section 10.3.1 of the ADG Code.\nMaximum penalty—20 penalty units.\nA prime contractor must not transport other goods in a tank (the other goods tank ) of a tank vehicle if—\nthe prime contractor uses the other goods tank or another tank of the tank vehicle to transport dangerous goods at the same time; and\nthe ullage in the other goods tank would not comply with section 10.3.1 of the ADG Code if the other goods were dangerous goods.\nMaximum penalty—20 penalty units.\n(sec.123-ssec.1) A prime contractor must not transport dangerous goods in a tank of a tank vehicle if— for dangerous goods of UN class 2 that are not in the form of refrigerated liquid—the quantity of goods in the tank is more than the maximum permitted filling ratio stated in section 10.3.2 of the ADG Code; or otherwise—the ullage in the tank does not comply with section 10.3.1 of the ADG Code. Maximum penalty—20 penalty units.\n(sec.123-ssec.2) A prime contractor must not transport other goods in a tank (the other goods tank ) of a tank vehicle if— the prime contractor uses the other goods tank or another tank of the tank vehicle to transport dangerous goods at the same time; and the ullage in the other goods tank would not comply with section 10.3.1 of the ADG Code if the other goods were dangerous goods. Maximum penalty—20 penalty units.\n- (a) for dangerous goods of UN class 2 that are not in the form of refrigerated liquid—the quantity of goods in the tank is more than the maximum permitted filling ratio stated in section 10.3.2 of the ADG Code; or\n- (b) otherwise—the ullage in the tank does not comply with section 10.3.1 of the ADG Code.\n- (a) the prime contractor uses the other goods tank or another tank of the tank vehicle to transport dangerous goods at the same time; and\n- (b) the ullage in the other goods tank would not comply with section 10.3.1 of the ADG Code if the other goods were dangerous goods.","sortOrder":159},{"sectionNumber":"sec.124","sectionType":"section","heading":"Duties of drivers","content":"### sec.124 Duties of drivers\n\nA person must not drive a tank vehicle that is transporting dangerous goods if the person knows, or ought reasonably to know, that—\nfor dangerous goods of UN class 2 that are not in the form of refrigerated liquid—the quantity of goods in the tank of the tank vehicle is more than the maximum permitted filling ratio stated in section 10.3.2 of the ADG Code; or\notherwise—the ullage in the tank of the tank vehicle does not comply with section 10.3.1 of the ADG Code.\nMaximum penalty—20 penalty units.\nA person must not drive a tank vehicle if—\nthe vehicle is transporting—\ngoods (the other goods ) that are not dangerous goods in a tank (the other goods tank ); and\ndangerous goods in the other goods tank, or another tank, at the same time; and\nthe person knows, or ought reasonably to know, that the ullage in the other goods tank would not comply with section 10.3.1 of the ADG Code if the other goods were dangerous goods.\nMaximum penalty—20 penalty units.\n(sec.124-ssec.1) A person must not drive a tank vehicle that is transporting dangerous goods if the person knows, or ought reasonably to know, that— for dangerous goods of UN class 2 that are not in the form of refrigerated liquid—the quantity of goods in the tank of the tank vehicle is more than the maximum permitted filling ratio stated in section 10.3.2 of the ADG Code; or otherwise—the ullage in the tank of the tank vehicle does not comply with section 10.3.1 of the ADG Code. Maximum penalty—20 penalty units.\n(sec.124-ssec.2) A person must not drive a tank vehicle if— the vehicle is transporting— goods (the other goods ) that are not dangerous goods in a tank (the other goods tank ); and dangerous goods in the other goods tank, or another tank, at the same time; and the person knows, or ought reasonably to know, that the ullage in the other goods tank would not comply with section 10.3.1 of the ADG Code if the other goods were dangerous goods. Maximum penalty—20 penalty units.\n- (a) for dangerous goods of UN class 2 that are not in the form of refrigerated liquid—the quantity of goods in the tank of the tank vehicle is more than the maximum permitted filling ratio stated in section 10.3.2 of the ADG Code; or\n- (b) otherwise—the ullage in the tank of the tank vehicle does not comply with section 10.3.1 of the ADG Code.\n- (a) the vehicle is transporting— (i) goods (the other goods ) that are not dangerous goods in a tank (the other goods tank ); and (ii) dangerous goods in the other goods tank, or another tank, at the same time; and\n- (i) goods (the other goods ) that are not dangerous goods in a tank (the other goods tank ); and\n- (ii) dangerous goods in the other goods tank, or another tank, at the same time; and\n- (b) the person knows, or ought reasonably to know, that the ullage in the other goods tank would not comply with section 10.3.1 of the ADG Code if the other goods were dangerous goods.\n- (i) goods (the other goods ) that are not dangerous goods in a tank (the other goods tank ); and\n- (ii) dangerous goods in the other goods tank, or another tank, at the same time; and","sortOrder":160},{"sectionNumber":"pt.11","sectionType":"part","heading":"Documentation","content":"# Documentation","sortOrder":161},{"sectionNumber":"pt.11-div.1","sectionType":"division","heading":"Transport documentation","content":"## Transport documentation","sortOrder":162},{"sectionNumber":"sec.125","sectionType":"section","heading":"False or misleading information","content":"### sec.125 False or misleading information\n\nA person must not include information in transport documentation for dangerous goods that the person knows, or ought reasonably to know, is false or misleading in a material particular.\na person named as consignor of the dangerous goods if the person is not the consignor of the goods\nMaximum penalty—40 penalty units.\nIt is enough for a complaint against a person for an offence against subsection (1) to state that the information was false or misleading to the person’s knowledge.\n(sec.125-ssec.1) A person must not include information in transport documentation for dangerous goods that the person knows, or ought reasonably to know, is false or misleading in a material particular. a person named as consignor of the dangerous goods if the person is not the consignor of the goods Maximum penalty—40 penalty units.\n(sec.125-ssec.2) It is enough for a complaint against a person for an offence against subsection (1) to state that the information was false or misleading to the person’s knowledge.","sortOrder":163},{"sectionNumber":"sec.126","sectionType":"section","heading":"Duties of consignors","content":"### sec.126 Duties of consignors\n\nA person must not consign dangerous goods for transport in or on a vehicle if the prime contractor or driver of the vehicle does not have transport documentation complying with chapter 11.1 of the ADG Code for the goods.\nMaximum penalty—40 penalty units.\nA person must not consign dangerous goods for transport if—\nthe person knows, or ought reasonably to know, that the goods will be divided into, and transported in, separate loads; and\nthe prime contractor, or the driver of each vehicle transporting the load, has not been given separate transport documentation complying with chapter 11.1 of the ADG Code for each load.\nMaximum penalty—40 penalty units.\n(sec.126-ssec.1) A person must not consign dangerous goods for transport in or on a vehicle if the prime contractor or driver of the vehicle does not have transport documentation complying with chapter 11.1 of the ADG Code for the goods. Maximum penalty—40 penalty units.\n(sec.126-ssec.2) A person must not consign dangerous goods for transport if— the person knows, or ought reasonably to know, that the goods will be divided into, and transported in, separate loads; and the prime contractor, or the driver of each vehicle transporting the load, has not been given separate transport documentation complying with chapter 11.1 of the ADG Code for each load. Maximum penalty—40 penalty units.\n- (a) the person knows, or ought reasonably to know, that the goods will be divided into, and transported in, separate loads; and\n- (b) the prime contractor, or the driver of each vehicle transporting the load, has not been given separate transport documentation complying with chapter 11.1 of the ADG Code for each load.","sortOrder":164},{"sectionNumber":"sec.127","sectionType":"section","heading":"Duties of prime contractors","content":"### sec.127 Duties of prime contractors\n\nA prime contractor must not allow a person to drive a vehicle used by the prime contractor to transport dangerous goods if—\nthe person has not been given transport documentation complying with chapter 11.1 of the ADG Code for the goods; and\nthe documentation is not able to be carried in the vehicle in the way required under chapter 11.1 of the ADG Code.\nMaximum penalty—40 penalty units.\nAlso, the prime contractor must—\nkeep the transport documentation, or a copy of the documentation, in a legible form for at least 3 months after the prime contractor transports the goods; and\nproduce the documentation or copy during the 3 months if asked by an authorised officer.\nMaximum penalty—40 penalty units.\n(sec.127-ssec.1) A prime contractor must not allow a person to drive a vehicle used by the prime contractor to transport dangerous goods if— the person has not been given transport documentation complying with chapter 11.1 of the ADG Code for the goods; and the documentation is not able to be carried in the vehicle in the way required under chapter 11.1 of the ADG Code. Maximum penalty—40 penalty units.\n(sec.127-ssec.2) Also, the prime contractor must— keep the transport documentation, or a copy of the documentation, in a legible form for at least 3 months after the prime contractor transports the goods; and produce the documentation or copy during the 3 months if asked by an authorised officer. Maximum penalty—40 penalty units.\n- (a) the person has not been given transport documentation complying with chapter 11.1 of the ADG Code for the goods; and\n- (b) the documentation is not able to be carried in the vehicle in the way required under chapter 11.1 of the ADG Code.\n- (a) keep the transport documentation, or a copy of the documentation, in a legible form for at least 3 months after the prime contractor transports the goods; and\n- (b) produce the documentation or copy during the 3 months if asked by an authorised officer.","sortOrder":165},{"sectionNumber":"sec.128","sectionType":"section","heading":"Duties of drivers","content":"### sec.128 Duties of drivers\n\nThe driver of a vehicle transporting dangerous goods must—\ncarry transport documentation complying with chapter 11.1 of the ADG Code for the goods; and\nensure the documentation is carried in the vehicle in the way required under chapter 11.1 of the ADG Code.\nMaximum penalty—40 penalty units.\nA relevant emergency service officer may ask the driver of a vehicle transporting dangerous goods to give the transport documentation for the goods for inspection by the officer.\nSee also section 49 of the Act for the power of an authorised officer to require documents to be produced.\nThe driver must comply with the request, unless the driver has a reasonable excuse.\nMaximum penalty—40 penalty units.\n(sec.128-ssec.1) The driver of a vehicle transporting dangerous goods must— carry transport documentation complying with chapter 11.1 of the ADG Code for the goods; and ensure the documentation is carried in the vehicle in the way required under chapter 11.1 of the ADG Code. Maximum penalty—40 penalty units.\n(sec.128-ssec.2) A relevant emergency service officer may ask the driver of a vehicle transporting dangerous goods to give the transport documentation for the goods for inspection by the officer. See also section 49 of the Act for the power of an authorised officer to require documents to be produced.\n(sec.128-ssec.3) The driver must comply with the request, unless the driver has a reasonable excuse. Maximum penalty—40 penalty units.\n- (a) carry transport documentation complying with chapter 11.1 of the ADG Code for the goods; and\n- (b) ensure the documentation is carried in the vehicle in the way required under chapter 11.1 of the ADG Code.","sortOrder":166},{"sectionNumber":"pt.11-div.2","sectionType":"division","heading":"Emergency information","content":"## Emergency information","sortOrder":167},{"sectionNumber":"sec.129","sectionType":"section","heading":"Definition for division","content":"### sec.129 Definition for division\n\nIn this division—\nrequired emergency information , for dangerous goods, means—\nemergency information complying with chapter 11.2 of the ADG Code for the goods; or\nemergency information approved under section 133 for the goods.\n- (a) emergency information complying with chapter 11.2 of the ADG Code for the goods; or\n- (b) emergency information approved under section 133 for the goods.","sortOrder":168},{"sectionNumber":"sec.130","sectionType":"section","heading":"Duty of consignors","content":"### sec.130 Duty of consignors\n\nA person must not consign a placard load for transport in or on a vehicle if the person knows, or ought reasonably to know, that the required emergency information for the dangerous goods in the load is not on the vehicle.\nMaximum penalty—13 penalty units.","sortOrder":169},{"sectionNumber":"sec.131","sectionType":"section","heading":"Duty of prime contractors","content":"### sec.131 Duty of prime contractors\n\nA prime contractor must not use a vehicle to transport a placard load if—\nthe vehicle is not equipped with an emergency information holder complying with chapter 11.2 of the ADG Code; or\nthe required emergency information for the dangerous goods in the load is not in the holder.\nMaximum penalty—20 penalty units.\n- (a) the vehicle is not equipped with an emergency information holder complying with chapter 11.2 of the ADG Code; or\n- (b) the required emergency information for the dangerous goods in the load is not in the holder.","sortOrder":170},{"sectionNumber":"sec.132","sectionType":"section","heading":"Duties of drivers","content":"### sec.132 Duties of drivers\n\nA person must not drive a vehicle transporting a placard load if—\nthe vehicle is not equipped with an emergency information holder complying with chapter 11.2 of the ADG Code; or\nthe required emergency information for the dangerous goods in the load provided by the consignor of the goods, or by the prime contractor for the transport of the goods, is not in the holder.\nMaximum penalty—13 penalty units.\nThe driver of a vehicle transporting a placard load must keep only the following in the vehicle’s emergency information holder—\nthe required emergency information for the dangerous goods in the load;\nthe transport documentation for the goods.\nMaximum penalty—6 1 / 2 penalty units.\nA relevant emergency service officer may ask the driver of a vehicle transporting a placard load to give the required emergency information for the dangerous goods in the load for inspection by the officer.\nSee also section 49 of the Act for the power of an authorised officer to require documents to be produced.\nThe driver must comply with the request, unless the driver has a reasonable excuse.\nMaximum penalty—13 penalty units.\n(sec.132-ssec.1) A person must not drive a vehicle transporting a placard load if— the vehicle is not equipped with an emergency information holder complying with chapter 11.2 of the ADG Code; or the required emergency information for the dangerous goods in the load provided by the consignor of the goods, or by the prime contractor for the transport of the goods, is not in the holder. Maximum penalty—13 penalty units.\n(sec.132-ssec.2) The driver of a vehicle transporting a placard load must keep only the following in the vehicle’s emergency information holder— the required emergency information for the dangerous goods in the load; the transport documentation for the goods. Maximum penalty—6 1 / 2 penalty units.\n(sec.132-ssec.3) A relevant emergency service officer may ask the driver of a vehicle transporting a placard load to give the required emergency information for the dangerous goods in the load for inspection by the officer. See also section 49 of the Act for the power of an authorised officer to require documents to be produced.\n(sec.132-ssec.4) The driver must comply with the request, unless the driver has a reasonable excuse. Maximum penalty—13 penalty units.\n- (a) the vehicle is not equipped with an emergency information holder complying with chapter 11.2 of the ADG Code; or\n- (b) the required emergency information for the dangerous goods in the load provided by the consignor of the goods, or by the prime contractor for the transport of the goods, is not in the holder.\n- (a) the required emergency information for the dangerous goods in the load;\n- (b) the transport documentation for the goods.","sortOrder":171},{"sectionNumber":"sec.133","sectionType":"section","heading":"Approval of emergency information","content":"### sec.133 Approval of emergency information\n\nThe chief executive may, on application under section 172 or on the chief executive’s own initiative, approve emergency information that does not comply with chapter 11.2 of the ADG Code if the chief executive considers that use of the information would be as accurate, and at least as convenient and efficient, as information complying with the chapter.","sortOrder":172},{"sectionNumber":"pt.11-div.2A","sectionType":"division","heading":"Dangerous goods packed in limited quantities","content":"## Dangerous goods packed in limited quantities","sortOrder":173},{"sectionNumber":"sec.133A","sectionType":"section","heading":"Duty of consignors","content":"### sec.133A Duty of consignors\n\nA person must not consign dangerous goods packed in limited quantities for transport in or on a vehicle unless the person has provided the prime contractor with the information required by section 3.4.12.1 of the ADG Code in the form required by that section.\nMaximum penalty—40 penalty units.\ns 133A ins 2020 SL No. 220 s 29","sortOrder":174},{"sectionNumber":"sec.133B","sectionType":"section","heading":"Duty of prime contractors","content":"### sec.133B Duty of prime contractors\n\nA prime contractor who receives information under section 133A must ensure the information is readily ascertainable during transport of the dangerous goods.\nMaximum penalty—40 penalty units.\ns 133B ins 2020 SL No. 220 s 29","sortOrder":175},{"sectionNumber":"sec.133C","sectionType":"section","heading":"False or misleading information","content":"### sec.133C False or misleading information\n\nA person must not, under section 133A , give a prime contractor information the person knows, or ought reasonably to know, is false or misleading in a material particular.\nMaximum penalty—40 penalty units.\ns 133C ins 2020 SL No. 220 s 29","sortOrder":176},{"sectionNumber":"pt.12","sectionType":"part","heading":"Safety equipment","content":"# Safety equipment","sortOrder":177},{"sectionNumber":"sec.134","sectionType":"section","heading":"Duty of owners","content":"### sec.134 Duty of owners\n\nThe owner of a vehicle must not use the vehicle, or permit the vehicle to be used, to transport a placard load if the vehicle is not equipped with—\nfire extinguishers and portable warning devices complying with part 12 of the ADG Code; and\nany other equipment required under that part.\nMaximum penalty—40 penalty units.\n- (a) fire extinguishers and portable warning devices complying with part 12 of the ADG Code; and\n- (b) any other equipment required under that part.","sortOrder":178},{"sectionNumber":"sec.135","sectionType":"section","heading":"Duties of prime contractors","content":"### sec.135 Duties of prime contractors\n\nA prime contractor must not use a vehicle to transport a placard load if the vehicle is not equipped with—\nfire extinguishers and portable warning devices complying with part 12 of the ADG Code; and\nany other equipment required under that part.\nMaximum penalty—40 penalty units.\nA prime contractor must not use a vehicle to transport a placard load if the prime contractor knows, or ought reasonably to know, that the equipment for the vehicle mentioned in subsection (1) —\nhas not been inspected or tested as required by part 12 of the ADG Code; or\nis not in good repair or is not in proper working order.\nMaximum penalty—40 penalty units.\n(sec.135-ssec.1) A prime contractor must not use a vehicle to transport a placard load if the vehicle is not equipped with— fire extinguishers and portable warning devices complying with part 12 of the ADG Code; and any other equipment required under that part. Maximum penalty—40 penalty units.\n(sec.135-ssec.2) A prime contractor must not use a vehicle to transport a placard load if the prime contractor knows, or ought reasonably to know, that the equipment for the vehicle mentioned in subsection (1) — has not been inspected or tested as required by part 12 of the ADG Code; or is not in good repair or is not in proper working order. Maximum penalty—40 penalty units.\n- (a) fire extinguishers and portable warning devices complying with part 12 of the ADG Code; and\n- (b) any other equipment required under that part.\n- (a) has not been inspected or tested as required by part 12 of the ADG Code; or\n- (b) is not in good repair or is not in proper working order.","sortOrder":179},{"sectionNumber":"sec.136","sectionType":"section","heading":"Duties of drivers","content":"### sec.136 Duties of drivers\n\nA person must not drive a vehicle transporting a placard load if the vehicle is not equipped with—\nfire extinguishers and portable warning devices complying with part 12 of the ADG Code; and\nany other equipment required under that part.\nMaximum penalty—13 penalty units.\nA person must not drive a vehicle transporting a placard load if the person knows, or ought reasonably to know, that the equipment for the vehicle mentioned in subsection (1) —\nis not stowed in accordance with part 12 of the ADG Code; or\nhas not been inspected or tested in accordance with that part; or\nis not in good repair or is not in proper working order.\nMaximum penalty—13 penalty units.\n(sec.136-ssec.1) A person must not drive a vehicle transporting a placard load if the vehicle is not equipped with— fire extinguishers and portable warning devices complying with part 12 of the ADG Code; and any other equipment required under that part. Maximum penalty—13 penalty units.\n(sec.136-ssec.2) A person must not drive a vehicle transporting a placard load if the person knows, or ought reasonably to know, that the equipment for the vehicle mentioned in subsection (1) — is not stowed in accordance with part 12 of the ADG Code; or has not been inspected or tested in accordance with that part; or is not in good repair or is not in proper working order. Maximum penalty—13 penalty units.\n- (a) fire extinguishers and portable warning devices complying with part 12 of the ADG Code; and\n- (b) any other equipment required under that part.\n- (a) is not stowed in accordance with part 12 of the ADG Code; or\n- (b) has not been inspected or tested in accordance with that part; or\n- (c) is not in good repair or is not in proper working order.","sortOrder":180},{"sectionNumber":"pt.13","sectionType":"part","heading":"Procedures during transport","content":"# Procedures during transport","sortOrder":181},{"sectionNumber":"pt.13-div.1","sectionType":"division","heading":"Immobilised and stopped vehicles","content":"## Immobilised and stopped vehicles","sortOrder":182},{"sectionNumber":"sec.137","sectionType":"section","heading":"Duty of drivers","content":"### sec.137 Duty of drivers\n\nThis section applies if a vehicle transporting a placard load—\nhas a GVM of 12t or less; and\nis broken down or otherwise immobilised, or has stopped, on a road; and\nis a traffic hazard.\nThe driver of the vehicle must alert other road users of the hazard in accordance with part 13 of the ADG Code.\nMaximum penalty—13 penalty units.\nFor requirements about using portable warning triangles in relation to vehicles with a GVM of over 12t, see the Transport Operations (Road Use Management—Road Rules) Regulation 2009 , section 227 .\n(sec.137-ssec.1) This section applies if a vehicle transporting a placard load— has a GVM of 12t or less; and is broken down or otherwise immobilised, or has stopped, on a road; and is a traffic hazard.\n(sec.137-ssec.2) The driver of the vehicle must alert other road users of the hazard in accordance with part 13 of the ADG Code. Maximum penalty—13 penalty units. For requirements about using portable warning triangles in relation to vehicles with a GVM of over 12t, see the Transport Operations (Road Use Management—Road Rules) Regulation 2009 , section 227 .\n- (a) has a GVM of 12t or less; and\n- (b) is broken down or otherwise immobilised, or has stopped, on a road; and\n- (c) is a traffic hazard.","sortOrder":183},{"sectionNumber":"sec.138","sectionType":"section","heading":"Duties of prime contractors","content":"### sec.138 Duties of prime contractors\n\nIf a prime contractor knows, or ought reasonably to know, that a vehicle transporting a placard load has broken down or is otherwise immobilised on a road, the prime contractor must, as soon as practicable, have the vehicle—\nrepaired so that it can be driven safely off the road; or\ntowed to a place where it can be repaired.\nMaximum penalty—20 penalty units.\nThe prime contractor must—\nremove the dangerous goods from the vehicle before the vehicle is repaired or towed; and\ntransport the dangerous goods from the place of the breakdown or immobilisation.\nMaximum penalty—20 penalty units.\nSubsection (2) applies only if the risk involved in complying with the subsection is not greater than the risk involved in not complying with the subsection.\nSubsection (5) applies if—\nafter considering the risks under subsection (3) , the prime contractor decides to tow the vehicle while the vehicle is carrying dangerous goods; and\na person is required under the Act or this regulation to hold a dangerous goods driver licence to transport the goods in the vehicle.\nThe prime contractor must ensure that the driver of a vehicle (a tow truck ) towing the vehicle carrying the dangerous goods—\nholds a dangerous goods driver licence; or\nis accompanied, in the cabin of the tow truck, by a person who holds a dangerous goods driver licence.\nMaximum penalty—20 penalty units.\n(sec.138-ssec.1) If a prime contractor knows, or ought reasonably to know, that a vehicle transporting a placard load has broken down or is otherwise immobilised on a road, the prime contractor must, as soon as practicable, have the vehicle— repaired so that it can be driven safely off the road; or towed to a place where it can be repaired. Maximum penalty—20 penalty units.\n(sec.138-ssec.2) The prime contractor must— remove the dangerous goods from the vehicle before the vehicle is repaired or towed; and transport the dangerous goods from the place of the breakdown or immobilisation. Maximum penalty—20 penalty units.\n(sec.138-ssec.3) Subsection (2) applies only if the risk involved in complying with the subsection is not greater than the risk involved in not complying with the subsection.\n(sec.138-ssec.4) Subsection (5) applies if— after considering the risks under subsection (3) , the prime contractor decides to tow the vehicle while the vehicle is carrying dangerous goods; and a person is required under the Act or this regulation to hold a dangerous goods driver licence to transport the goods in the vehicle.\n(sec.138-ssec.5) The prime contractor must ensure that the driver of a vehicle (a tow truck ) towing the vehicle carrying the dangerous goods— holds a dangerous goods driver licence; or is accompanied, in the cabin of the tow truck, by a person who holds a dangerous goods driver licence. Maximum penalty—20 penalty units.\n- (a) repaired so that it can be driven safely off the road; or\n- (b) towed to a place where it can be repaired.\n- (a) remove the dangerous goods from the vehicle before the vehicle is repaired or towed; and\n- (b) transport the dangerous goods from the place of the breakdown or immobilisation.\n- (a) after considering the risks under subsection (3) , the prime contractor decides to tow the vehicle while the vehicle is carrying dangerous goods; and\n- (b) a person is required under the Act or this regulation to hold a dangerous goods driver licence to transport the goods in the vehicle.\n- (a) holds a dangerous goods driver licence; or\n- (b) is accompanied, in the cabin of the tow truck, by a person who holds a dangerous goods driver licence.","sortOrder":184},{"sectionNumber":"pt.13-div.2","sectionType":"division","heading":"Duties of drivers","content":"## Duties of drivers","sortOrder":185},{"sectionNumber":"sec.139","sectionType":"section","heading":"Driving","content":"### sec.139 Driving\n\nThe driver of a vehicle transporting a placard load must not allow another person to ride in the vehicle other than in accordance with part 13 of the ADG Code.\nMaximum penalty—7 1 / 2 penalty units.","sortOrder":186},{"sectionNumber":"sec.140","sectionType":"section","heading":"Parking","content":"### sec.140 Parking\n\nThe driver of a vehicle transporting a placard load must not park the vehicle, or leave the vehicle standing, in a public or private place other than in accordance with part 13 of the ADG Code.\nMaximum penalty—13 penalty units.","sortOrder":187},{"sectionNumber":"sec.141","sectionType":"section","heading":"Control of ignition sources","content":"### sec.141 Control of ignition sources\n\nThis section applies in relation to a vehicle transporting a load that contains dangerous goods if—\nthe load contains—\ndangerous goods in a receptacle with a capacity of more than 500L; or\nmore than 500kg of dangerous goods in a receptacle; and\nthe dangerous goods are of UN division 2.1 or UN class 3, 4 or 5 or have a subsidiary hazard of 2.1, 3, 4 or 5.1.\nThe driver of the vehicle must not—\nhave matches or a cigarette lighter in the driver’s possession in the vehicle; or\nsmoke in the vehicle.\nMaximum penalty—40 penalty units.\nThe driver of the vehicle must take all practicable steps to prevent another person in the vehicle from—\nhaving matches or a cigarette lighter in the other person’s possession; or\nsmoking.\nMaximum penalty—40 penalty units.\n(sec.141-ssec.1) This section applies in relation to a vehicle transporting a load that contains dangerous goods if— the load contains— dangerous goods in a receptacle with a capacity of more than 500L; or more than 500kg of dangerous goods in a receptacle; and the dangerous goods are of UN division 2.1 or UN class 3, 4 or 5 or have a subsidiary hazard of 2.1, 3, 4 or 5.1.\n(sec.141-ssec.2) The driver of the vehicle must not— have matches or a cigarette lighter in the driver’s possession in the vehicle; or smoke in the vehicle. Maximum penalty—40 penalty units.\n(sec.141-ssec.3) The driver of the vehicle must take all practicable steps to prevent another person in the vehicle from— having matches or a cigarette lighter in the other person’s possession; or smoking. Maximum penalty—40 penalty units.\n- (a) the load contains— (i) dangerous goods in a receptacle with a capacity of more than 500L; or (ii) more than 500kg of dangerous goods in a receptacle; and\n- (i) dangerous goods in a receptacle with a capacity of more than 500L; or\n- (ii) more than 500kg of dangerous goods in a receptacle; and\n- (b) the dangerous goods are of UN division 2.1 or UN class 3, 4 or 5 or have a subsidiary hazard of 2.1, 3, 4 or 5.1.\n- (i) dangerous goods in a receptacle with a capacity of more than 500L; or\n- (ii) more than 500kg of dangerous goods in a receptacle; and\n- (a) have matches or a cigarette lighter in the driver’s possession in the vehicle; or\n- (b) smoke in the vehicle.\n- (a) having matches or a cigarette lighter in the other person’s possession; or\n- (b) smoking.","sortOrder":188},{"sectionNumber":"sec.142","sectionType":"section","heading":"Unloading","content":"### sec.142 Unloading\n\nThe driver of a vehicle transporting a placard load must not permit the dangerous goods in the load to be unloaded from the vehicle other than in accordance with part 13 of the ADG Code.\nMaximum penalty—40 penalty units.","sortOrder":189},{"sectionNumber":"sec.143","sectionType":"section","heading":"Detaching trailers","content":"### sec.143 Detaching trailers\n\nThe driver of a vehicle that has attached to it a trailer transporting a placard load must not detach the trailer or permit it to be detached from the vehicle other than in accordance with part 13 of the ADG Code.\nMaximum penalty—40 penalty units.","sortOrder":190},{"sectionNumber":"sec.144","sectionType":"section","heading":"Tank vehicles equipped with burners","content":"### sec.144 Tank vehicles equipped with burners\n\nThe driver of a tank vehicle that is transporting a placard load and is equipped with a burner to heat the load must not operate the burner or permit it to be operated other than in accordance with part 13 of the ADG Code.\nMaximum penalty—40 penalty units.","sortOrder":191},{"sectionNumber":"pt.13-div.3","sectionType":"division","heading":"Duties of prime contractors","content":"## Duties of prime contractors","sortOrder":192},{"sectionNumber":"sec.144A","sectionType":"section","heading":"Parking","content":"### sec.144A Parking\n\nA prime contractor must not direct or induce the driver of a vehicle transporting a placard load to park the vehicle, or leave the vehicle standing, in a public or private place other than in accordance with part 13 of the ADG Code.\nMaximum penalty—40 penalty units.\ns 144A ins 2020 SL No. 220 s 30","sortOrder":193},{"sectionNumber":"sec.145","sectionType":"section","heading":"Unloading","content":"### sec.145 Unloading\n\nA prime contractor must not direct or induce a driver to permit dangerous goods to be unloaded, from a vehicle transporting a placard load, in a way that does not comply with part 13 of the ADG Code.\nMaximum penalty—40 penalty units.\ns 145 amd 2020 SL No. 220 s 31","sortOrder":194},{"sectionNumber":"sec.146","sectionType":"section","heading":"Detaching trailers","content":"### sec.146 Detaching trailers\n\nA prime contractor must not direct or induce a driver to detach a trailer containing a placard load, or to permit the trailer to be detached, from a vehicle other than in accordance with part 13 of the ADG Code.\nMaximum penalty—40 penalty units.\ns 146 amd 2020 SL No. 220 s 32","sortOrder":195},{"sectionNumber":"sec.146A","sectionType":"section","heading":"Tank vehicle equipped with burner","content":"### sec.146A Tank vehicle equipped with burner\n\nA prime contractor must not direct or induce the driver of a tank vehicle that is transporting a placard load, and that is equipped with a burner to heat the load, to operate the burner or permit it to be operated other than in accordance with Part 13 of the ADG Code.\nMaximum penalty—40 penalty units.\ns 146A ins 2020 SL No. 220 s 33","sortOrder":196},{"sectionNumber":"pt.13-div.4","sectionType":"division","heading":"Other matters","content":"## Other matters","sortOrder":197},{"sectionNumber":"sec.147","sectionType":"section","heading":"Unauthorised access to goods","content":"### sec.147 Unauthorised access to goods\n\nA prime contractor for the transport of dangerous goods, or the driver of a vehicle transporting dangerous goods, must take all reasonable precautions to prevent access to the goods by anyone else other than someone lawfully entitled to have access to the goods.\nMaximum penalty—40 penalty units.","sortOrder":198},{"sectionNumber":"pt.14","sectionType":"part","heading":"Emergencies","content":"# Emergencies","sortOrder":199},{"sectionNumber":"pt.14-div.1","sectionType":"division","heading":"Emergencies generally","content":"## Emergencies generally","sortOrder":200},{"sectionNumber":"sec.148","sectionType":"section","heading":"Duties of drivers of vehicles","content":"### sec.148 Duties of drivers of vehicles\n\nThis section applies if a vehicle transporting dangerous goods is involved in an incident resulting in a dangerous situation.\nThe driver of the vehicle must—\nnotify the prime contractor, the chief executive, and either the Queensland Police Service or the Queensland Fire and Rescue Service, of the incident as soon as practicable, but not more than 24 hours, after the incident; and\nprovide any reasonable assistance required by an authorised officer, or a relevant emergency service officer, to deal with the situation.\nMaximum penalty—20 penalty units.\n(sec.148-ssec.1) This section applies if a vehicle transporting dangerous goods is involved in an incident resulting in a dangerous situation.\n(sec.148-ssec.2) The driver of the vehicle must— notify the prime contractor, the chief executive, and either the Queensland Police Service or the Queensland Fire and Rescue Service, of the incident as soon as practicable, but not more than 24 hours, after the incident; and provide any reasonable assistance required by an authorised officer, or a relevant emergency service officer, to deal with the situation. Maximum penalty—20 penalty units.\n- (a) notify the prime contractor, the chief executive, and either the Queensland Police Service or the Queensland Fire and Rescue Service, of the incident as soon as practicable, but not more than 24 hours, after the incident; and\n- (b) provide any reasonable assistance required by an authorised officer, or a relevant emergency service officer, to deal with the situation.","sortOrder":201},{"sectionNumber":"sec.149","sectionType":"section","heading":"Duty of prime contractors relating to food or food packaging","content":"### sec.149 Duty of prime contractors relating to food or food packaging\n\nThis section applies if—\nan incident involving a vehicle transporting dangerous goods results in the leakage, spillage or escape of the dangerous goods, or in a fire or explosion; and\nthere is food or food packaging in the vicinity of the incident that is within the control of a prime contractor.\nThe prime contractor must not remove, or permit to be removed, the food or food packaging from the site of the incident unless the chief executive has given permission to the prime contractor to transport the food or food packaging from the site.\nMaximum penalty—40 penalty units.\nA permission under subsection (2) —\nmust be in writing; and\nmust state the name of the person to whom it is given; and\nmust identify the relevant incident; and\nmust identify the food or food packaging to which it relates; and\nmust take into consideration any requirements of the appropriate food and health authorities; and\nmay contain any other information the chief executive considers necessary.\n(sec.149-ssec.1) This section applies if— an incident involving a vehicle transporting dangerous goods results in the leakage, spillage or escape of the dangerous goods, or in a fire or explosion; and there is food or food packaging in the vicinity of the incident that is within the control of a prime contractor.\n(sec.149-ssec.2) The prime contractor must not remove, or permit to be removed, the food or food packaging from the site of the incident unless the chief executive has given permission to the prime contractor to transport the food or food packaging from the site. Maximum penalty—40 penalty units.\n(sec.149-ssec.3) A permission under subsection (2) — must be in writing; and must state the name of the person to whom it is given; and must identify the relevant incident; and must identify the food or food packaging to which it relates; and must take into consideration any requirements of the appropriate food and health authorities; and may contain any other information the chief executive considers necessary.\n- (a) an incident involving a vehicle transporting dangerous goods results in the leakage, spillage or escape of the dangerous goods, or in a fire or explosion; and\n- (b) there is food or food packaging in the vicinity of the incident that is within the control of a prime contractor.\n- (a) must be in writing; and\n- (b) must state the name of the person to whom it is given; and\n- (c) must identify the relevant incident; and\n- (d) must identify the food or food packaging to which it relates; and\n- (e) must take into consideration any requirements of the appropriate food and health authorities; and\n- (f) may contain any other information the chief executive considers necessary.","sortOrder":202},{"sectionNumber":"sec.150","sectionType":"section","heading":"Duties of prime contractors to inform chief executive","content":"### sec.150 Duties of prime contractors to inform chief executive\n\nThis section applies if a vehicle transporting dangerous goods is involved in an incident resulting in a dangerous situation.\nAs soon as practicable, but not more than 24 hours, after becoming aware of the incident, the prime contractor responsible for the transport of the goods must provide the chief executive with the following details about the incident—\nwhere the incident happened;\nthe time and day of the incident;\nthe nature of the incident;\nthe dangerous goods being transported when the incident happened;\nany other details the chief executive may reasonably require.\nMaximum penalty—20 penalty units.\nWithin 21 days after the day the incident happens, the prime contractor must give to the chief executive a written report about the incident stating the following—\nwhere the incident happened;\nthe time and day of the incident;\nthe nature of the incident;\nwhat the driver of the vehicle believes to be the likely cause of the incident;\nwhat the prime contractor believes to be the likely cause of the incident;\nthe dangerous goods being transported when the incident happened;\nthe measures taken to control a leak, spill or escape of dangerous goods, and a fire or explosion, arising out of the incident;\nthe measures taken after the incident in relation to the dangerous goods involved in the incident.\nMaximum penalty—20 penalty units.\n(sec.150-ssec.1) This section applies if a vehicle transporting dangerous goods is involved in an incident resulting in a dangerous situation.\n(sec.150-ssec.2) As soon as practicable, but not more than 24 hours, after becoming aware of the incident, the prime contractor responsible for the transport of the goods must provide the chief executive with the following details about the incident— where the incident happened; the time and day of the incident; the nature of the incident; the dangerous goods being transported when the incident happened; any other details the chief executive may reasonably require. Maximum penalty—20 penalty units.\n(sec.150-ssec.3) Within 21 days after the day the incident happens, the prime contractor must give to the chief executive a written report about the incident stating the following— where the incident happened; the time and day of the incident; the nature of the incident; what the driver of the vehicle believes to be the likely cause of the incident; what the prime contractor believes to be the likely cause of the incident; the dangerous goods being transported when the incident happened; the measures taken to control a leak, spill or escape of dangerous goods, and a fire or explosion, arising out of the incident; the measures taken after the incident in relation to the dangerous goods involved in the incident. Maximum penalty—20 penalty units.\n- (a) where the incident happened;\n- (b) the time and day of the incident;\n- (c) the nature of the incident;\n- (d) the dangerous goods being transported when the incident happened;\n- (e) any other details the chief executive may reasonably require.\n- (a) where the incident happened;\n- (b) the time and day of the incident;\n- (c) the nature of the incident;\n- (d) what the driver of the vehicle believes to be the likely cause of the incident;\n- (e) what the prime contractor believes to be the likely cause of the incident;\n- (f) the dangerous goods being transported when the incident happened;\n- (g) the measures taken to control a leak, spill or escape of dangerous goods, and a fire or explosion, arising out of the incident;\n- (h) the measures taken after the incident in relation to the dangerous goods involved in the incident.","sortOrder":203},{"sectionNumber":"pt.14-div.2","sectionType":"division","heading":"Emergencies involving placard loads","content":"## Emergencies involving placard loads","sortOrder":204},{"sectionNumber":"sec.151","sectionType":"section","heading":"Telephone advisory service","content":"### sec.151 Telephone advisory service\n\nA prime contractor must not transport a load of—\ndangerous goods in a receptacle with a capacity of more than 500L; or\nmore than 500kg of dangerous goods in a receptacle;\nif a telephone advisory service for the transport is not available during the journey.\nMaximum penalty—40 penalty units.\nA person must not consign a load of—\ndangerous goods in a receptacle with a capacity of more than 500L; or\nmore than 500kg of dangerous goods in a receptacle;\nif a telephone advisory service for the transport is not available during the journey.\nMaximum penalty—40 penalty units.\nFor subsection (1) or (2) , a telephone advisory service may be provided by the prime contractor or consignor, or someone else for the prime contractor or consignor.\nIn this section—\ntelephone advisory service , for the transport of dangerous goods, means a service providing access by a continuously monitored telephone not located on the vehicle carrying the goods to a person competent to give advice about—\nthe construction and properties of the receptacles in which the dangerous goods are being transported; and\nthe use of equipment on or in vehicles on which the dangerous goods are being transported; and\nthe properties of the dangerous goods; and\nmethods of safely handling the dangerous goods; and\nmethods of safely containing and controlling the dangerous goods in a dangerous situation.\n(sec.151-ssec.1) A prime contractor must not transport a load of— dangerous goods in a receptacle with a capacity of more than 500L; or more than 500kg of dangerous goods in a receptacle; if a telephone advisory service for the transport is not available during the journey. Maximum penalty—40 penalty units.\n(sec.151-ssec.2) A person must not consign a load of— dangerous goods in a receptacle with a capacity of more than 500L; or more than 500kg of dangerous goods in a receptacle; if a telephone advisory service for the transport is not available during the journey. Maximum penalty—40 penalty units.\n(sec.151-ssec.3) For subsection (1) or (2) , a telephone advisory service may be provided by the prime contractor or consignor, or someone else for the prime contractor or consignor.\n(sec.151-ssec.4) In this section— telephone advisory service , for the transport of dangerous goods, means a service providing access by a continuously monitored telephone not located on the vehicle carrying the goods to a person competent to give advice about— the construction and properties of the receptacles in which the dangerous goods are being transported; and the use of equipment on or in vehicles on which the dangerous goods are being transported; and the properties of the dangerous goods; and methods of safely handling the dangerous goods; and methods of safely containing and controlling the dangerous goods in a dangerous situation.\n- (a) dangerous goods in a receptacle with a capacity of more than 500L; or\n- (b) more than 500kg of dangerous goods in a receptacle;\n- (a) dangerous goods in a receptacle with a capacity of more than 500L; or\n- (b) more than 500kg of dangerous goods in a receptacle;\n- (a) the construction and properties of the receptacles in which the dangerous goods are being transported; and\n- (b) the use of equipment on or in vehicles on which the dangerous goods are being transported; and\n- (c) the properties of the dangerous goods; and\n- (d) methods of safely handling the dangerous goods; and\n- (e) methods of safely containing and controlling the dangerous goods in a dangerous situation.","sortOrder":205},{"sectionNumber":"sec.152","sectionType":"section","heading":"Emergency plans","content":"### sec.152 Emergency plans\n\nA prime contractor must not transport a placard load if the prime contractor does not have an emergency plan for the transport of the load.\nMaximum penalty—40 penalty units.\nA prime contractor transporting a placard load, who becomes aware of a dangerous situation involving the load, must do everything that the emergency plan for the transport of the load requires the prime contractor to do that is relevant to the situation.\nMaximum penalty—40 penalty units.\nA person must not consign a placard load for transport if the person does not have an emergency plan for the transport of the load.\nMaximum penalty—40 penalty units.\nA consignor of a placard load, who becomes aware of a dangerous situation involving the load, must do everything that the emergency plan for the transport of the load requires the consignor to do that is relevant to the situation.\nMaximum penalty—40 penalty units.\nThe chief executive may, by written notice, ask the prime contractor or consignor of a placard load to give the chief executive the emergency plan for the transport of the load.\nThe prime contractor or consignor must give the emergency plan to the chief executive within 14 days after the day the notice is given.\nMaximum penalty—15 penalty units.\nIn this section—\nemergency plan , for the transport of a placard load, means a written plan, for dealing with any dangerous situation arising from the transport of the load, that is prepared having regard to guidelines approved by the Ministerial Council.\nA copy of the guidelines is available on the website of the National Transport Commission.\ns 152 amd 2023 SL No. 24 s 24\n(sec.152-ssec.1) A prime contractor must not transport a placard load if the prime contractor does not have an emergency plan for the transport of the load. Maximum penalty—40 penalty units.\n(sec.152-ssec.2) A prime contractor transporting a placard load, who becomes aware of a dangerous situation involving the load, must do everything that the emergency plan for the transport of the load requires the prime contractor to do that is relevant to the situation. Maximum penalty—40 penalty units.\n(sec.152-ssec.3) A person must not consign a placard load for transport if the person does not have an emergency plan for the transport of the load. Maximum penalty—40 penalty units.\n(sec.152-ssec.4) A consignor of a placard load, who becomes aware of a dangerous situation involving the load, must do everything that the emergency plan for the transport of the load requires the consignor to do that is relevant to the situation. Maximum penalty—40 penalty units.\n(sec.152-ssec.5) The chief executive may, by written notice, ask the prime contractor or consignor of a placard load to give the chief executive the emergency plan for the transport of the load.\n(sec.152-ssec.6) The prime contractor or consignor must give the emergency plan to the chief executive within 14 days after the day the notice is given. Maximum penalty—15 penalty units.\n(sec.152-ssec.7) In this section— emergency plan , for the transport of a placard load, means a written plan, for dealing with any dangerous situation arising from the transport of the load, that is prepared having regard to guidelines approved by the Ministerial Council. A copy of the guidelines is available on the website of the National Transport Commission.","sortOrder":206},{"sectionNumber":"sec.153","sectionType":"section","heading":"Duties of consignors—information and resources","content":"### sec.153 Duties of consignors—information and resources\n\nThis section applies if the consignor of dangerous goods in a placard load becomes aware that the vehicle transporting the load has been involved in an incident resulting in a dangerous situation.\nThe consignor must, unless the consignor has a reasonable excuse—\ngive the prescribed person information about the following—\nthe properties of the goods;\nthe construction and properties of packaging used to transport the goods;\nsafe methods of handling the goods;\nsafe methods of containing and controlling the goods in a dangerous situation; and\nprovide the equipment and other resources necessary for the following—\ncontrolling the dangerous situation;\ncontaining, controlling, recovering or disposing of dangerous goods that have leaked, spilled or escaped.\nMaximum penalty—20 penalty units.\nSubsection (2) (a) does not apply if the prime contractor for the transport of the dangerous goods in the load gives the information mentioned in the subsection for the incident.\nSubsection (2) (b) does not apply if the prime contractor for the transport of the dangerous goods in the load provides the equipment and resources mentioned in the subsection for the incident.\nIn this section—\nprescribed person means—\nif the consignor has been notified of the relevant emergency service officer who is in charge of dealing with the dangerous situation—the relevant emergency service officer; or\notherwise—a relevant emergency service officer.\n(sec.153-ssec.1) This section applies if the consignor of dangerous goods in a placard load becomes aware that the vehicle transporting the load has been involved in an incident resulting in a dangerous situation.\n(sec.153-ssec.2) The consignor must, unless the consignor has a reasonable excuse— give the prescribed person information about the following— the properties of the goods; the construction and properties of packaging used to transport the goods; safe methods of handling the goods; safe methods of containing and controlling the goods in a dangerous situation; and provide the equipment and other resources necessary for the following— controlling the dangerous situation; containing, controlling, recovering or disposing of dangerous goods that have leaked, spilled or escaped. Maximum penalty—20 penalty units.\n(sec.153-ssec.3) Subsection (2) (a) does not apply if the prime contractor for the transport of the dangerous goods in the load gives the information mentioned in the subsection for the incident.\n(sec.153-ssec.4) Subsection (2) (b) does not apply if the prime contractor for the transport of the dangerous goods in the load provides the equipment and resources mentioned in the subsection for the incident.\n(sec.153-ssec.5) In this section— prescribed person means— if the consignor has been notified of the relevant emergency service officer who is in charge of dealing with the dangerous situation—the relevant emergency service officer; or otherwise—a relevant emergency service officer.\n- (a) give the prescribed person information about the following— (i) the properties of the goods; (ii) the construction and properties of packaging used to transport the goods; (iii) safe methods of handling the goods; (iv) safe methods of containing and controlling the goods in a dangerous situation; and\n- (i) the properties of the goods;\n- (ii) the construction and properties of packaging used to transport the goods;\n- (iii) safe methods of handling the goods;\n- (iv) safe methods of containing and controlling the goods in a dangerous situation; and\n- (b) provide the equipment and other resources necessary for the following— (i) controlling the dangerous situation; (ii) containing, controlling, recovering or disposing of dangerous goods that have leaked, spilled or escaped.\n- (i) controlling the dangerous situation;\n- (ii) containing, controlling, recovering or disposing of dangerous goods that have leaked, spilled or escaped.\n- (i) the properties of the goods;\n- (ii) the construction and properties of packaging used to transport the goods;\n- (iii) safe methods of handling the goods;\n- (iv) safe methods of containing and controlling the goods in a dangerous situation; and\n- (i) controlling the dangerous situation;\n- (ii) containing, controlling, recovering or disposing of dangerous goods that have leaked, spilled or escaped.\n- (a) if the consignor has been notified of the relevant emergency service officer who is in charge of dealing with the dangerous situation—the relevant emergency service officer; or\n- (b) otherwise—a relevant emergency service officer.","sortOrder":207},{"sectionNumber":"sec.154","sectionType":"section","heading":"Duties of prime contractors—information and resources","content":"### sec.154 Duties of prime contractors—information and resources\n\nThis section applies if the prime contractor for the transport of dangerous goods in a placard load becomes aware that the vehicle transporting the load has been involved in an incident resulting in a dangerous situation.\nThe prime contractor must, unless the prime contractor has a reasonable excuse—\ngive the prescribed person information about the following—\nthe vehicle’s construction, properties and equipment;\nthe construction and properties of packaging used to transport the goods; and\nprovide the equipment and other resources for the following—\ncontrolling the dangerous situation;\nrecovering a vehicle involved in the situation or its equipment.\nMaximum penalty—20 penalty units.\nSubsection (2) (a) does not apply if the consignor of the dangerous goods in the load gives the information mentioned in the subsection for the incident.\nSubsection (2) (b) does not apply if the consignor of the dangerous goods in the load provides the equipment and resources mentioned in the subsection for the incident.\nIn this section—\nprescribed person means—\nif the prime contractor has been notified of the relevant emergency service officer who is in charge of dealing with the dangerous situation—the relevant emergency service officer; or\notherwise—a relevant emergency service officer.\n(sec.154-ssec.1) This section applies if the prime contractor for the transport of dangerous goods in a placard load becomes aware that the vehicle transporting the load has been involved in an incident resulting in a dangerous situation.\n(sec.154-ssec.2) The prime contractor must, unless the prime contractor has a reasonable excuse— give the prescribed person information about the following— the vehicle’s construction, properties and equipment; the construction and properties of packaging used to transport the goods; and provide the equipment and other resources for the following— controlling the dangerous situation; recovering a vehicle involved in the situation or its equipment. Maximum penalty—20 penalty units.\n(sec.154-ssec.3) Subsection (2) (a) does not apply if the consignor of the dangerous goods in the load gives the information mentioned in the subsection for the incident.\n(sec.154-ssec.4) Subsection (2) (b) does not apply if the consignor of the dangerous goods in the load provides the equipment and resources mentioned in the subsection for the incident.\n(sec.154-ssec.5) In this section— prescribed person means— if the prime contractor has been notified of the relevant emergency service officer who is in charge of dealing with the dangerous situation—the relevant emergency service officer; or otherwise—a relevant emergency service officer.\n- (a) give the prescribed person information about the following— (i) the vehicle’s construction, properties and equipment; (ii) the construction and properties of packaging used to transport the goods; and\n- (i) the vehicle’s construction, properties and equipment;\n- (ii) the construction and properties of packaging used to transport the goods; and\n- (b) provide the equipment and other resources for the following— (i) controlling the dangerous situation; (ii) recovering a vehicle involved in the situation or its equipment.\n- (i) controlling the dangerous situation;\n- (ii) recovering a vehicle involved in the situation or its equipment.\n- (i) the vehicle’s construction, properties and equipment;\n- (ii) the construction and properties of packaging used to transport the goods; and\n- (i) controlling the dangerous situation;\n- (ii) recovering a vehicle involved in the situation or its equipment.\n- (a) if the prime contractor has been notified of the relevant emergency service officer who is in charge of dealing with the dangerous situation—the relevant emergency service officer; or\n- (b) otherwise—a relevant emergency service officer.","sortOrder":208},{"sectionNumber":"pt.15","sectionType":"part","heading":"Administrative matters","content":"# Administrative matters","sortOrder":209},{"sectionNumber":"pt.15-div.1","sectionType":"division","heading":"Provisions about registers","content":"## Provisions about registers","sortOrder":210},{"sectionNumber":"sec.155","sectionType":"section","heading":"Registers to which this division applies","content":"### sec.155 Registers to which this division applies\n\nThis division applies in relation to each of the following registers—\nthe register of determinations kept under section 28 (1) (a) ;\nthe register of exemptions kept under section 167 (1) (a) ;\nthe register of approvals kept under section 179 (1) (a) ;\nthe register of dangerous goods driver licences kept under section 225 (1) ;\nthe register of dangerous goods vehicle licences kept under section 225 (2) .\n- (a) the register of determinations kept under section 28 (1) (a) ;\n- (b) the register of exemptions kept under section 167 (1) (a) ;\n- (c) the register of approvals kept under section 179 (1) (a) ;\n- (d) the register of dangerous goods driver licences kept under section 225 (1) ;\n- (e) the register of dangerous goods vehicle licences kept under section 225 (2) .","sortOrder":211},{"sectionNumber":"sec.156","sectionType":"section","heading":"Registers may be kept by computer","content":"### sec.156 Registers may be kept by computer\n\nThe register, or part of the register, may be kept by computer.\nAn entry made by computer for the register is taken to be a record made in the register.\n(sec.156-ssec.1) The register, or part of the register, may be kept by computer.\n(sec.156-ssec.2) An entry made by computer for the register is taken to be a record made in the register.","sortOrder":212},{"sectionNumber":"sec.157","sectionType":"section","heading":"Inspection of registers","content":"### sec.157 Inspection of registers\n\nThe chief executive must ensure that the register is available for inspection by a dangerous goods authority.\nThe chief executive must ensure that a register mentioned in section 155 (a) to (c) is available for inspection by the public.\nThe chief executive is taken to comply with subsections (1) and (2) by ensuring there is reasonable access to—\ncopies of information in a register; or\na computer terminal to inspect a register.\n(sec.157-ssec.1) The chief executive must ensure that the register is available for inspection by a dangerous goods authority.\n(sec.157-ssec.2) The chief executive must ensure that a register mentioned in section 155 (a) to (c) is available for inspection by the public.\n(sec.157-ssec.3) The chief executive is taken to comply with subsections (1) and (2) by ensuring there is reasonable access to— copies of information in a register; or a computer terminal to inspect a register.\n- (a) copies of information in a register; or\n- (b) a computer terminal to inspect a register.","sortOrder":213},{"sectionNumber":"pt.15-div.2","sectionType":"division","heading":"Recommendations by chief executive and dangerous goods authorities","content":"## Recommendations by chief executive and dangerous goods authorities","sortOrder":214},{"sectionNumber":"sec.158","sectionType":"section","heading":"Recommendations by chief executive","content":"### sec.158 Recommendations by chief executive\n\nThis section applies if the chief executive considers that a ground exists for a dangerous goods authority to do any of the following (the proposed action )—\namend or cancel a corresponding determination;\namend or cancel a corresponding approval or corresponding exemption;\namend, suspend or cancel a corresponding dangerous goods driver licence or corresponding dangerous goods vehicle licence.\nThe chief executive may recommend, in writing, that the dangerous goods authority take the proposed action.\nThe chief executive must provide written reasons to the dangerous goods authority for the recommendation.\nIf the recommendation is about a corresponding determination (other than a corresponding administrative determination), corresponding approval or corresponding exemption that has effect in 1 or more other participating jurisdictions, the chief executive must also refer the recommendation to the competent authorities panel.\nIn this section—\ncorresponding administrative determination means a corresponding determination—\nmade by a dangerous goods authority on the application of a person; and\nthat applies to the person or the person and other persons named in the application.\n(sec.158-ssec.1) This section applies if the chief executive considers that a ground exists for a dangerous goods authority to do any of the following (the proposed action )— amend or cancel a corresponding determination; amend or cancel a corresponding approval or corresponding exemption; amend, suspend or cancel a corresponding dangerous goods driver licence or corresponding dangerous goods vehicle licence.\n(sec.158-ssec.2) The chief executive may recommend, in writing, that the dangerous goods authority take the proposed action.\n(sec.158-ssec.3) The chief executive must provide written reasons to the dangerous goods authority for the recommendation.\n(sec.158-ssec.4) If the recommendation is about a corresponding determination (other than a corresponding administrative determination), corresponding approval or corresponding exemption that has effect in 1 or more other participating jurisdictions, the chief executive must also refer the recommendation to the competent authorities panel.\n(sec.158-ssec.5) In this section— corresponding administrative determination means a corresponding determination— made by a dangerous goods authority on the application of a person; and that applies to the person or the person and other persons named in the application.\n- (a) amend or cancel a corresponding determination;\n- (b) amend or cancel a corresponding approval or corresponding exemption;\n- (c) amend, suspend or cancel a corresponding dangerous goods driver licence or corresponding dangerous goods vehicle licence.\n- (a) made by a dangerous goods authority on the application of a person; and\n- (b) that applies to the person or the person and other persons named in the application.","sortOrder":215},{"sectionNumber":"sec.159","sectionType":"section","heading":"Recommendations by dangerous goods authorities","content":"### sec.159 Recommendations by dangerous goods authorities\n\nThis section applies if a dangerous goods authority recommends to the chief executive in writing that the chief executive do any of the following—\namend or cancel a determination;\namend, suspend or cancel an administrative determination;\namend, suspend or cancel an approval or exemption;\namend, suspend or cancel a dangerous goods driver licence or dangerous goods vehicle licence.\nSubject to sections 169 (2) (b) and 181 (2) (b) , if the recommendation is about a determination (other than an administrative determination), approval or exemption that has effect in 1 or more other participating jurisdictions, the chief executive need not take any action on the recommendation until the competent authorities panel has considered the recommendation.\nIn any other case, the chief executive must have regard to the recommendation.\n(sec.159-ssec.1) This section applies if a dangerous goods authority recommends to the chief executive in writing that the chief executive do any of the following— amend or cancel a determination; amend, suspend or cancel an administrative determination; amend, suspend or cancel an approval or exemption; amend, suspend or cancel a dangerous goods driver licence or dangerous goods vehicle licence.\n(sec.159-ssec.2) Subject to sections 169 (2) (b) and 181 (2) (b) , if the recommendation is about a determination (other than an administrative determination), approval or exemption that has effect in 1 or more other participating jurisdictions, the chief executive need not take any action on the recommendation until the competent authorities panel has considered the recommendation.\n(sec.159-ssec.3) In any other case, the chief executive must have regard to the recommendation.\n- (a) amend or cancel a determination;\n- (b) amend, suspend or cancel an administrative determination;\n- (c) amend, suspend or cancel an approval or exemption;\n- (d) amend, suspend or cancel a dangerous goods driver licence or dangerous goods vehicle licence.","sortOrder":216},{"sectionNumber":"pt.15-div.3","sectionType":"division","heading":"Mutual recognition of determinations, exemptions, approvals and licences","content":"## Mutual recognition of determinations, exemptions, approvals and licences","sortOrder":217},{"sectionNumber":"sec.160","sectionType":"section","heading":"Chief executive may refer corresponding decisions to competent authorities panel","content":"### sec.160 Chief executive may refer corresponding decisions to competent authorities panel\n\nThis section applies if—\nthe chief executive considers any of the following (each a corresponding decision ) should have effect in all participating jurisdictions, or this jurisdiction and 1 or more other participating jurisdictions—\na decision to which section 161 (1) (a) and (b) apply;\nan exemption to which section 162 (1) (a) and (b) apply;\nan approval to which section 163 (1) (a) and (b) apply; and\nthe competent authorities panel has not considered whether the corresponding decision should have effect in all participating jurisdictions, or this jurisdiction and 1 or more other participating jurisdictions.\nThe chief executive may refer the corresponding decision to the competent authorities panel for considering whether the corresponding decision should have effect in—\nall participating jurisdictions; or\nthis jurisdiction and 1 or more other participating jurisdictions.\n(sec.160-ssec.1) This section applies if— the chief executive considers any of the following (each a corresponding decision ) should have effect in all participating jurisdictions, or this jurisdiction and 1 or more other participating jurisdictions— a decision to which section 161 (1) (a) and (b) apply; an exemption to which section 162 (1) (a) and (b) apply; an approval to which section 163 (1) (a) and (b) apply; and the competent authorities panel has not considered whether the corresponding decision should have effect in all participating jurisdictions, or this jurisdiction and 1 or more other participating jurisdictions.\n(sec.160-ssec.2) The chief executive may refer the corresponding decision to the competent authorities panel for considering whether the corresponding decision should have effect in— all participating jurisdictions; or this jurisdiction and 1 or more other participating jurisdictions.\n- (a) the chief executive considers any of the following (each a corresponding decision ) should have effect in all participating jurisdictions, or this jurisdiction and 1 or more other participating jurisdictions— (i) a decision to which section 161 (1) (a) and (b) apply; (ii) an exemption to which section 162 (1) (a) and (b) apply; (iii) an approval to which section 163 (1) (a) and (b) apply; and\n- (i) a decision to which section 161 (1) (a) and (b) apply;\n- (ii) an exemption to which section 162 (1) (a) and (b) apply;\n- (iii) an approval to which section 163 (1) (a) and (b) apply; and\n- (b) the competent authorities panel has not considered whether the corresponding decision should have effect in all participating jurisdictions, or this jurisdiction and 1 or more other participating jurisdictions.\n- (i) a decision to which section 161 (1) (a) and (b) apply;\n- (ii) an exemption to which section 162 (1) (a) and (b) apply;\n- (iii) an approval to which section 163 (1) (a) and (b) apply; and\n- (a) all participating jurisdictions; or\n- (b) this jurisdiction and 1 or more other participating jurisdictions.","sortOrder":218},{"sectionNumber":"sec.161","sectionType":"section","heading":"Corresponding determinations","content":"### sec.161 Corresponding determinations\n\nThis section applies to a decision, however called, made by a dangerous goods authority if—\nthe decision is made under a provision of the law of another jurisdiction corresponding to a provision (the relevant provision ) of section 23 or 24 ; and\nthe decision has effect in the other jurisdiction; and\neither of the following applies—\nthe competent authorities panel has decided that the decision should have effect in all participating jurisdictions or 1 or more participating jurisdictions including this jurisdiction, and the panel has not reversed its decision;\nthe decision is an administrative determination under a provision of the law of the other jurisdiction corresponding to section 25 .\nOther than for circumstances that do not exist in this jurisdiction, the decision has effect in this jurisdiction as if it were a determination made by the chief executive under the relevant provision.\n(sec.161-ssec.1) This section applies to a decision, however called, made by a dangerous goods authority if— the decision is made under a provision of the law of another jurisdiction corresponding to a provision (the relevant provision ) of section 23 or 24 ; and the decision has effect in the other jurisdiction; and either of the following applies— the competent authorities panel has decided that the decision should have effect in all participating jurisdictions or 1 or more participating jurisdictions including this jurisdiction, and the panel has not reversed its decision; the decision is an administrative determination under a provision of the law of the other jurisdiction corresponding to section 25 .\n(sec.161-ssec.2) Other than for circumstances that do not exist in this jurisdiction, the decision has effect in this jurisdiction as if it were a determination made by the chief executive under the relevant provision.\n- (a) the decision is made under a provision of the law of another jurisdiction corresponding to a provision (the relevant provision ) of section 23 or 24 ; and\n- (b) the decision has effect in the other jurisdiction; and\n- (c) either of the following applies— (i) the competent authorities panel has decided that the decision should have effect in all participating jurisdictions or 1 or more participating jurisdictions including this jurisdiction, and the panel has not reversed its decision; (ii) the decision is an administrative determination under a provision of the law of the other jurisdiction corresponding to section 25 .\n- (i) the competent authorities panel has decided that the decision should have effect in all participating jurisdictions or 1 or more participating jurisdictions including this jurisdiction, and the panel has not reversed its decision;\n- (ii) the decision is an administrative determination under a provision of the law of the other jurisdiction corresponding to section 25 .\n- (i) the competent authorities panel has decided that the decision should have effect in all participating jurisdictions or 1 or more participating jurisdictions including this jurisdiction, and the panel has not reversed its decision;\n- (ii) the decision is an administrative determination under a provision of the law of the other jurisdiction corresponding to section 25 .","sortOrder":219},{"sectionNumber":"sec.162","sectionType":"section","heading":"Corresponding exemptions","content":"### sec.162 Corresponding exemptions\n\nThis section applies to an exemption granted by a dangerous goods authority if—\nthe exemption is granted for a provision of the law of another jurisdiction corresponding to a provision (the relevant provision ) of this regulation; and\nthe exemption has effect in the other jurisdiction; and\nthe competent authorities panel has decided that the exemption should have effect in all participating jurisdictions or 1 or more participating jurisdictions including this jurisdiction, and the panel has not reversed its decision.\nOther than for circumstances that do not exist in this jurisdiction, the exemption has effect in this jurisdiction as if it were an exemption granted by the chief executive for the relevant provision.\n(sec.162-ssec.1) This section applies to an exemption granted by a dangerous goods authority if— the exemption is granted for a provision of the law of another jurisdiction corresponding to a provision (the relevant provision ) of this regulation; and the exemption has effect in the other jurisdiction; and the competent authorities panel has decided that the exemption should have effect in all participating jurisdictions or 1 or more participating jurisdictions including this jurisdiction, and the panel has not reversed its decision.\n(sec.162-ssec.2) Other than for circumstances that do not exist in this jurisdiction, the exemption has effect in this jurisdiction as if it were an exemption granted by the chief executive for the relevant provision.\n- (a) the exemption is granted for a provision of the law of another jurisdiction corresponding to a provision (the relevant provision ) of this regulation; and\n- (b) the exemption has effect in the other jurisdiction; and\n- (c) the competent authorities panel has decided that the exemption should have effect in all participating jurisdictions or 1 or more participating jurisdictions including this jurisdiction, and the panel has not reversed its decision.","sortOrder":220},{"sectionNumber":"sec.163","sectionType":"section","heading":"Corresponding approvals","content":"### sec.163 Corresponding approvals\n\nThis section applies to an approval granted in another jurisdiction if—\nthe approval is issued or given under a provision of the law of the other jurisdiction corresponding to a provision (the relevant provision ) of any of the following sections—\nsection 21 ;\nsection 50 ;\nsection 53 ;\nsection 113 ;\nsection 114 ;\nsection 133 ;\nsection 245 ; and\nthe approval has effect in the other jurisdiction; and\nthe competent authorities panel has decided that the approval should have effect in all participating jurisdictions or 1 or more participating jurisdictions including this jurisdiction, and the panel has not reversed its decision.\nOther than for circumstances that do not exist in this jurisdiction, the approval has effect in this jurisdiction as if it were an approval given by the chief executive under the relevant provision.\n(sec.163-ssec.1) This section applies to an approval granted in another jurisdiction if— the approval is issued or given under a provision of the law of the other jurisdiction corresponding to a provision (the relevant provision ) of any of the following sections— section 21 ; section 50 ; section 53 ; section 113 ; section 114 ; section 133 ; section 245 ; and the approval has effect in the other jurisdiction; and the competent authorities panel has decided that the approval should have effect in all participating jurisdictions or 1 or more participating jurisdictions including this jurisdiction, and the panel has not reversed its decision.\n(sec.163-ssec.2) Other than for circumstances that do not exist in this jurisdiction, the approval has effect in this jurisdiction as if it were an approval given by the chief executive under the relevant provision.\n- (a) the approval is issued or given under a provision of the law of the other jurisdiction corresponding to a provision (the relevant provision ) of any of the following sections— (i) section 21 ; (ii) section 50 ; (iii) section 53 ; (iv) section 113 ; (v) section 114 ; (vi) section 133 ; (vii) section 245 ; and\n- (i) section 21 ;\n- (ii) section 50 ;\n- (iii) section 53 ;\n- (iv) section 113 ;\n- (v) section 114 ;\n- (vi) section 133 ;\n- (vii) section 245 ; and\n- (b) the approval has effect in the other jurisdiction; and\n- (c) the competent authorities panel has decided that the approval should have effect in all participating jurisdictions or 1 or more participating jurisdictions including this jurisdiction, and the panel has not reversed its decision.\n- (i) section 21 ;\n- (ii) section 50 ;\n- (iii) section 53 ;\n- (iv) section 113 ;\n- (v) section 114 ;\n- (vi) section 133 ;\n- (vii) section 245 ; and","sortOrder":221},{"sectionNumber":"sec.164","sectionType":"section","heading":"Corresponding licences","content":"### sec.164 Corresponding licences\n\nThis section applies to a licence granted in another jurisdiction if—\nthe licence is granted under a provision of the law of the other jurisdiction corresponding to section 193  or 208 (the relevant provision ); and\nthe licence has effect in the other jurisdiction.\nOther than for circumstances that do not exist in this jurisdiction, the licence has effect in this jurisdiction as if it were a licence granted under the relevant provision.\n(sec.164-ssec.1) This section applies to a licence granted in another jurisdiction if— the licence is granted under a provision of the law of the other jurisdiction corresponding to section 193  or 208 (the relevant provision ); and the licence has effect in the other jurisdiction.\n(sec.164-ssec.2) Other than for circumstances that do not exist in this jurisdiction, the licence has effect in this jurisdiction as if it were a licence granted under the relevant provision.\n- (a) the licence is granted under a provision of the law of the other jurisdiction corresponding to section 193  or 208 (the relevant provision ); and\n- (b) the licence has effect in the other jurisdiction.","sortOrder":222},{"sectionNumber":"pt.16","sectionType":"part","heading":"Exemptions","content":"# Exemptions","sortOrder":223},{"sectionNumber":"pt.16-div.1","sectionType":"division","heading":"Purpose of part","content":"## Purpose of part","sortOrder":224},{"sectionNumber":"sec.165","sectionType":"section","heading":"Purpose of part","content":"### sec.165 Purpose of part\n\nThis part provides for the following matters in relation to an exemption under section 153 of the Act —\nhow an application for the exemption must be made;\nthe keeping of a register of exemptions;\nthe role of the competent authorities panel in relation to the exemption.\n- (a) how an application for the exemption must be made;\n- (b) the keeping of a register of exemptions;\n- (c) the role of the competent authorities panel in relation to the exemption.","sortOrder":225},{"sectionNumber":"pt.16-div.2","sectionType":"division","heading":"General matters about exemptions","content":"## General matters about exemptions","sortOrder":226},{"sectionNumber":"sec.166","sectionType":"section","heading":"Applications for exemptions","content":"### sec.166 Applications for exemptions\n\nAn application for an exemption must—\nbe made to the chief executive in the approved form; and\nstate the applicant’s name and address; and\nstate the name of the person to whom, or the name or a description of the class of persons to which, the application relates; and\nstate the provisions of this regulation, and of the ADG Code, to which the application relates; and\nstate the dangerous goods to which the application relates; and\nstate why, in the applicant’s opinion, compliance with the provisions mentioned in paragraph (d) is not reasonably practicable; and\nstate why, in the applicant’s opinion, the exemption is not likely to involve a greater risk than the risk involved in complying with the provisions mentioned in paragraph (d) ; and\nif the application relates to a vehicle, equipment, packaging or other thing—describe the vehicle, equipment, packaging or thing; and\nstate the period for which the exemption is sought; and\nstate the geographical area within which the exemption is to have effect; and\nif a fee is stated for the application under section 246 —be accompanied by the stated fee.\nThe chief executive may, by written notice given to the applicant, ask the applicant to give to the chief executive the additional information reasonably necessary to decide the application.\n(sec.166-ssec.1) An application for an exemption must— be made to the chief executive in the approved form; and state the applicant’s name and address; and state the name of the person to whom, or the name or a description of the class of persons to which, the application relates; and state the provisions of this regulation, and of the ADG Code, to which the application relates; and state the dangerous goods to which the application relates; and state why, in the applicant’s opinion, compliance with the provisions mentioned in paragraph (d) is not reasonably practicable; and state why, in the applicant’s opinion, the exemption is not likely to involve a greater risk than the risk involved in complying with the provisions mentioned in paragraph (d) ; and if the application relates to a vehicle, equipment, packaging or other thing—describe the vehicle, equipment, packaging or thing; and state the period for which the exemption is sought; and state the geographical area within which the exemption is to have effect; and if a fee is stated for the application under section 246 —be accompanied by the stated fee.\n(sec.166-ssec.2) The chief executive may, by written notice given to the applicant, ask the applicant to give to the chief executive the additional information reasonably necessary to decide the application.\n- (a) be made to the chief executive in the approved form; and\n- (b) state the applicant’s name and address; and\n- (c) state the name of the person to whom, or the name or a description of the class of persons to which, the application relates; and\n- (d) state the provisions of this regulation, and of the ADG Code, to which the application relates; and\n- (e) state the dangerous goods to which the application relates; and\n- (f) state why, in the applicant’s opinion, compliance with the provisions mentioned in paragraph (d) is not reasonably practicable; and\n- (g) state why, in the applicant’s opinion, the exemption is not likely to involve a greater risk than the risk involved in complying with the provisions mentioned in paragraph (d) ; and\n- (h) if the application relates to a vehicle, equipment, packaging or other thing—describe the vehicle, equipment, packaging or thing; and\n- (i) state the period for which the exemption is sought; and\n- (j) state the geographical area within which the exemption is to have effect; and\n- (k) if a fee is stated for the application under section 246 —be accompanied by the stated fee.","sortOrder":227},{"sectionNumber":"sec.167","sectionType":"section","heading":"Register of exemptions","content":"### sec.167 Register of exemptions\n\nThe chief executive must—\nkeep a register of exemptions; and\nwith other dangerous goods authorities, keep a central register of corresponding exemptions.\nA register kept under subsection (1) may have separate divisions for different kinds of exemptions.\nThe chief executive must record each exemption in the register kept under subsection (1) (a) .\nThe chief executive must note the amendment, suspension or cancellation of an exemption in the register kept under subsection (1) (a) .\nIn this section—\ncorresponding exemption includes an exemption under this regulation that the competent authorities panel has decided should have effect in 1 or more other participating jurisdictions.\n(sec.167-ssec.1) The chief executive must— keep a register of exemptions; and with other dangerous goods authorities, keep a central register of corresponding exemptions.\n(sec.167-ssec.2) A register kept under subsection (1) may have separate divisions for different kinds of exemptions.\n(sec.167-ssec.3) The chief executive must record each exemption in the register kept under subsection (1) (a) .\n(sec.167-ssec.4) The chief executive must note the amendment, suspension or cancellation of an exemption in the register kept under subsection (1) (a) .\n(sec.167-ssec.5) In this section— corresponding exemption includes an exemption under this regulation that the competent authorities panel has decided should have effect in 1 or more other participating jurisdictions.\n- (a) keep a register of exemptions; and\n- (b) with other dangerous goods authorities, keep a central register of corresponding exemptions.","sortOrder":228},{"sectionNumber":"sec.168","sectionType":"section","heading":"Records of exemptions","content":"### sec.168 Records of exemptions\n\nThe record of an exemption in the register kept under section 167 (1) (a) must include—\nthe terms of the exemption; or\nthe following information—\nthe name of the person to whom, or the name or a description of the class of persons to which, the exemption applies;\nthe day the exemption was granted;\nthe provisions of this regulation, and of the ADG Code, to which the exemption relates;\nthe period for which the exemption has effect;\nthe dangerous goods, vehicle, equipment, packaging or other thing to which the exemption relates;\nthe geographical area for which the exemption has effect.\n- (a) the terms of the exemption; or\n- (b) the following information— (i) the name of the person to whom, or the name or a description of the class of persons to which, the exemption applies; (ii) the day the exemption was granted; (iii) the provisions of this regulation, and of the ADG Code, to which the exemption relates; (iv) the period for which the exemption has effect; (v) the dangerous goods, vehicle, equipment, packaging or other thing to which the exemption relates; (vi) the geographical area for which the exemption has effect.\n- (i) the name of the person to whom, or the name or a description of the class of persons to which, the exemption applies;\n- (ii) the day the exemption was granted;\n- (iii) the provisions of this regulation, and of the ADG Code, to which the exemption relates;\n- (iv) the period for which the exemption has effect;\n- (v) the dangerous goods, vehicle, equipment, packaging or other thing to which the exemption relates;\n- (vi) the geographical area for which the exemption has effect.\n- (i) the name of the person to whom, or the name or a description of the class of persons to which, the exemption applies;\n- (ii) the day the exemption was granted;\n- (iii) the provisions of this regulation, and of the ADG Code, to which the exemption relates;\n- (iv) the period for which the exemption has effect;\n- (v) the dangerous goods, vehicle, equipment, packaging or other thing to which the exemption relates;\n- (vi) the geographical area for which the exemption has effect.","sortOrder":229},{"sectionNumber":"pt.16-div.3","sectionType":"division","heading":"Referring matters to the competent authorities panel","content":"## Referring matters to the competent authorities panel","sortOrder":230},{"sectionNumber":"sec.169","sectionType":"section","heading":"Referring matters to the competent authorities panel","content":"### sec.169 Referring matters to the competent authorities panel\n\nThe chief executive must refer an exemption, or an application for an exemption, to the competent authorities panel if the chief executive considers that the exemption should have effect in all participating jurisdictions or this jurisdiction and 1 or more other participating jurisdictions.\nThe chief executive must refer to the competent authorities panel an exemption having effect in this jurisdiction, and 1 or more other participating jurisdictions, if—\nthe chief executive considers that the exemption should be amended, suspended or cancelled; or\na dangerous goods authority recommends to the chief executive in writing that the exemption should be amended, suspended or cancelled.\n(sec.169-ssec.1) The chief executive must refer an exemption, or an application for an exemption, to the competent authorities panel if the chief executive considers that the exemption should have effect in all participating jurisdictions or this jurisdiction and 1 or more other participating jurisdictions.\n(sec.169-ssec.2) The chief executive must refer to the competent authorities panel an exemption having effect in this jurisdiction, and 1 or more other participating jurisdictions, if— the chief executive considers that the exemption should be amended, suspended or cancelled; or a dangerous goods authority recommends to the chief executive in writing that the exemption should be amended, suspended or cancelled.\n- (a) the chief executive considers that the exemption should be amended, suspended or cancelled; or\n- (b) a dangerous goods authority recommends to the chief executive in writing that the exemption should be amended, suspended or cancelled.","sortOrder":231},{"sectionNumber":"sec.170","sectionType":"section","heading":"Effect of competent authorities panel decisions about exemptions","content":"### sec.170 Effect of competent authorities panel decisions about exemptions\n\nThis section applies if—\nan exemption, or an application for an exemption, is referred to the competent authorities panel under section 169 (1) ; and\nthe competent authorities panel decides that the exemption—\nshould have been, or should be, granted, what the terms of the exemption should be, and that the exemption should have effect in all participating jurisdictions or this jurisdiction and 1 or more other participating jurisdictions; or\nshould not have effect in this jurisdiction.\nThe chief executive must have regard to the competent authorities panel’s decision.\n(sec.170-ssec.1) This section applies if— an exemption, or an application for an exemption, is referred to the competent authorities panel under section 169 (1) ; and the competent authorities panel decides that the exemption— should have been, or should be, granted, what the terms of the exemption should be, and that the exemption should have effect in all participating jurisdictions or this jurisdiction and 1 or more other participating jurisdictions; or should not have effect in this jurisdiction.\n(sec.170-ssec.2) The chief executive must have regard to the competent authorities panel’s decision.\n- (a) an exemption, or an application for an exemption, is referred to the competent authorities panel under section 169 (1) ; and\n- (b) the competent authorities panel decides that the exemption— (i) should have been, or should be, granted, what the terms of the exemption should be, and that the exemption should have effect in all participating jurisdictions or this jurisdiction and 1 or more other participating jurisdictions; or (ii) should not have effect in this jurisdiction.\n- (i) should have been, or should be, granted, what the terms of the exemption should be, and that the exemption should have effect in all participating jurisdictions or this jurisdiction and 1 or more other participating jurisdictions; or\n- (ii) should not have effect in this jurisdiction.\n- (i) should have been, or should be, granted, what the terms of the exemption should be, and that the exemption should have effect in all participating jurisdictions or this jurisdiction and 1 or more other participating jurisdictions; or\n- (ii) should not have effect in this jurisdiction.","sortOrder":232},{"sectionNumber":"sec.171","sectionType":"section","heading":"Effect of competent authorities panel decisions about amending, suspending or cancelling exemptions","content":"### sec.171 Effect of competent authorities panel decisions about amending, suspending or cancelling exemptions\n\nThis section applies if—\nan exemption is referred to the competent authorities panel under section 169 (2) ; and\nthe competent authorities panel decides that the exemption—\nshould be amended (whether or not the panel’s decision is the same as the amendment proposed by the chief executive or recommended by the dangerous goods authority), and should have effect as amended in all participating jurisdictions or this jurisdiction and 1 or more other participating jurisdictions; or\nshould not be amended; or\nshould, or should not, be suspended or cancelled.\nThe chief executive must have regard to the competent authorities panel’s decision.\n(sec.171-ssec.1) This section applies if— an exemption is referred to the competent authorities panel under section 169 (2) ; and the competent authorities panel decides that the exemption— should be amended (whether or not the panel’s decision is the same as the amendment proposed by the chief executive or recommended by the dangerous goods authority), and should have effect as amended in all participating jurisdictions or this jurisdiction and 1 or more other participating jurisdictions; or should not be amended; or should, or should not, be suspended or cancelled.\n(sec.171-ssec.2) The chief executive must have regard to the competent authorities panel’s decision.\n- (a) an exemption is referred to the competent authorities panel under section 169 (2) ; and\n- (b) the competent authorities panel decides that the exemption— (i) should be amended (whether or not the panel’s decision is the same as the amendment proposed by the chief executive or recommended by the dangerous goods authority), and should have effect as amended in all participating jurisdictions or this jurisdiction and 1 or more other participating jurisdictions; or (ii) should not be amended; or (iii) should, or should not, be suspended or cancelled.\n- (i) should be amended (whether or not the panel’s decision is the same as the amendment proposed by the chief executive or recommended by the dangerous goods authority), and should have effect as amended in all participating jurisdictions or this jurisdiction and 1 or more other participating jurisdictions; or\n- (ii) should not be amended; or\n- (iii) should, or should not, be suspended or cancelled.\n- (i) should be amended (whether or not the panel’s decision is the same as the amendment proposed by the chief executive or recommended by the dangerous goods authority), and should have effect as amended in all participating jurisdictions or this jurisdiction and 1 or more other participating jurisdictions; or\n- (ii) should not be amended; or\n- (iii) should, or should not, be suspended or cancelled.","sortOrder":233},{"sectionNumber":"pt.17","sectionType":"part","heading":"Administrative determinations and approvals","content":"# Administrative determinations and approvals","sortOrder":234},{"sectionNumber":"pt.17-div.1","sectionType":"division","heading":"General","content":"## General","sortOrder":235},{"sectionNumber":"sec.172","sectionType":"section","heading":"Applications","content":"### sec.172 Applications\n\nAn application for an administrative determination or approval, or for the amendment of an administrative determination or approval, must—\nbe made to the chief executive in writing; and\nif a fee is stated for the application under section 246 —be accompanied by the stated fee.\nAn application for the amendment of an administrative determination or approval must have the determination or approval with it.\nThe chief executive may, by written notice given to the applicant, ask the applicant to give to the chief executive the additional information reasonably necessary to decide the application.\n(sec.172-ssec.1) An application for an administrative determination or approval, or for the amendment of an administrative determination or approval, must— be made to the chief executive in writing; and if a fee is stated for the application under section 246 —be accompanied by the stated fee.\n(sec.172-ssec.2) An application for the amendment of an administrative determination or approval must have the determination or approval with it.\n(sec.172-ssec.3) The chief executive may, by written notice given to the applicant, ask the applicant to give to the chief executive the additional information reasonably necessary to decide the application.\n- (a) be made to the chief executive in writing; and\n- (b) if a fee is stated for the application under section 246 —be accompanied by the stated fee.","sortOrder":236},{"sectionNumber":"sec.173","sectionType":"section","heading":"Form of administrative determinations and approvals","content":"### sec.173 Form of administrative determinations and approvals\n\nAn administrative determination, or an approval on application, must be given by written notice to the applicant.\nAn approval under section 21 or 133 on the chief executive’s initiative is given by recording it in the register kept under section 179 (1) (a) .\n(sec.173-ssec.1) An administrative determination, or an approval on application, must be given by written notice to the applicant.\n(sec.173-ssec.2) An approval under section 21 or 133 on the chief executive’s initiative is given by recording it in the register kept under section 179 (1) (a) .","sortOrder":237},{"sectionNumber":"sec.174","sectionType":"section","heading":"When administrative determinations and approvals not to be made","content":"### sec.174 When administrative determinations and approvals not to be made\n\nThe chief executive must not make an administrative determination on the application of, or give an approval under this regulation to, a person who is prohibited by a court order under section 160 of the Act from involvement in the transport of dangerous goods.","sortOrder":238},{"sectionNumber":"sec.175","sectionType":"section","heading":"Reasons for refusal of applications","content":"### sec.175 Reasons for refusal of applications\n\nThis section applies if the chief executive refuses an application to—\nmake or amend an administrative determination; or\ngive or amend an approval under this regulation.\nThe chief executive must inform the applicant by written notice of the refusal.\nThe notice must be or include an information notice for the refusal.\n(sec.175-ssec.1) This section applies if the chief executive refuses an application to— make or amend an administrative determination; or give or amend an approval under this regulation.\n(sec.175-ssec.2) The chief executive must inform the applicant by written notice of the refusal.\n(sec.175-ssec.3) The notice must be or include an information notice for the refusal.\n- (a) make or amend an administrative determination; or\n- (b) give or amend an approval under this regulation.","sortOrder":239},{"sectionNumber":"sec.176","sectionType":"section","heading":"Periods and conditions","content":"### sec.176 Periods and conditions\n\nAn administrative determination or approval has effect for the period stated in the determination or approval.\nA condition to which an administrative determination, or an approval, is subject must be stated in the determination or approval.\n(sec.176-ssec.1) An administrative determination or approval has effect for the period stated in the determination or approval.\n(sec.176-ssec.2) A condition to which an administrative determination, or an approval, is subject must be stated in the determination or approval.","sortOrder":240},{"sectionNumber":"sec.177","sectionType":"section","heading":"Replacement administrative determinations and approvals","content":"### sec.177 Replacement administrative determinations and approvals\n\nThe chief executive must give to a person to whom an administrative determination applies, or an approval is granted, a replacement determination or approval if—\nthe determination or approval is amended; or\nthe chief executive is satisfied the determination or approval has been defaced, destroyed, lost or stolen.\n- (a) the determination or approval is amended; or\n- (b) the chief executive is satisfied the determination or approval has been defaced, destroyed, lost or stolen.","sortOrder":241},{"sectionNumber":"sec.178","sectionType":"section","heading":"Amending, suspending or cancelling administrative determinations and approvals","content":"### sec.178 Amending, suspending or cancelling administrative determinations and approvals\n\nAn administrative determination or an approval under this regulation is prescribed as an approval for section 18 (1) (k) and (l) of the Act .","sortOrder":242},{"sectionNumber":"pt.17-div.2","sectionType":"division","heading":"Register of approvals","content":"## Register of approvals","sortOrder":243},{"sectionNumber":"sec.179","sectionType":"section","heading":"Register of approvals","content":"### sec.179 Register of approvals\n\nThe chief executive must—\nkeep a register of approvals; and\nwith other dangerous goods authorities, keep a central register of corresponding approvals.\nA register kept under subsection (1) may have separate divisions for different kinds of approvals.\nThe chief executive must record each approval in the register kept under subsection (1) (a) .\nThe chief executive must note the amendment, suspension or cancellation of an approval in the register kept under subsection (1) (a) .\nIn this section—\ncorresponding approval includes an approval under this regulation that the competent authorities panel has decided should have effect in 1 or more other participating jurisdictions.\n(sec.179-ssec.1) The chief executive must— keep a register of approvals; and with other dangerous goods authorities, keep a central register of corresponding approvals.\n(sec.179-ssec.2) A register kept under subsection (1) may have separate divisions for different kinds of approvals.\n(sec.179-ssec.3) The chief executive must record each approval in the register kept under subsection (1) (a) .\n(sec.179-ssec.4) The chief executive must note the amendment, suspension or cancellation of an approval in the register kept under subsection (1) (a) .\n(sec.179-ssec.5) In this section— corresponding approval includes an approval under this regulation that the competent authorities panel has decided should have effect in 1 or more other participating jurisdictions.\n- (a) keep a register of approvals; and\n- (b) with other dangerous goods authorities, keep a central register of corresponding approvals.","sortOrder":244},{"sectionNumber":"sec.180","sectionType":"section","heading":"Records of approvals","content":"### sec.180 Records of approvals\n\nThe record of an approval in the register kept under section 179 (1) (a) must include—\nthe terms of the approval; or\nthe following information—\nthe name of the person to whom the approval was given;\nthe day the approval was given;\nthe provisions of this regulation, and of the ADG Code, to which the approval relates;\nthe period for which the approval has effect;\nthe dangerous goods, equipment, packaging, vehicle or other thing to which the approval relates;\nthe conditions of the approval.\n- (a) the terms of the approval; or\n- (b) the following information— (i) the name of the person to whom the approval was given; (ii) the day the approval was given; (iii) the provisions of this regulation, and of the ADG Code, to which the approval relates; (iv) the period for which the approval has effect; (v) the dangerous goods, equipment, packaging, vehicle or other thing to which the approval relates; (vi) the conditions of the approval.\n- (i) the name of the person to whom the approval was given;\n- (ii) the day the approval was given;\n- (iii) the provisions of this regulation, and of the ADG Code, to which the approval relates;\n- (iv) the period for which the approval has effect;\n- (v) the dangerous goods, equipment, packaging, vehicle or other thing to which the approval relates;\n- (vi) the conditions of the approval.\n- (i) the name of the person to whom the approval was given;\n- (ii) the day the approval was given;\n- (iii) the provisions of this regulation, and of the ADG Code, to which the approval relates;\n- (iv) the period for which the approval has effect;\n- (v) the dangerous goods, equipment, packaging, vehicle or other thing to which the approval relates;\n- (vi) the conditions of the approval.","sortOrder":245},{"sectionNumber":"pt.17-div.3","sectionType":"division","heading":"Referring matters to the competent authorities panel","content":"## Referring matters to the competent authorities panel","sortOrder":246},{"sectionNumber":"sec.181","sectionType":"section","heading":"Referring matters to the competent authorities panel","content":"### sec.181 Referring matters to the competent authorities panel\n\nThe chief executive must refer any of the following matters or applications to the competent authorities panel if the chief executive considers the matter or decision on the application should have effect in all participating jurisdictions, or this jurisdiction and 1 or more other participating jurisdictions—\nan approval;\nan application for an approval;\nan administrative determination;\nan application for an administrative determination.\nThe chief executive must refer to the competent authorities panel an approval or administrative determination having effect in this jurisdiction, and 1 or more other participating jurisdictions, if—\nthe chief executive considers that the approval or administrative determination should be amended, suspended or cancelled; or\na dangerous goods authority recommends to the chief executive in writing that the approval or administrative determination should be amended, suspended or cancelled.\n(sec.181-ssec.1) The chief executive must refer any of the following matters or applications to the competent authorities panel if the chief executive considers the matter or decision on the application should have effect in all participating jurisdictions, or this jurisdiction and 1 or more other participating jurisdictions— an approval; an application for an approval; an administrative determination; an application for an administrative determination.\n(sec.181-ssec.2) The chief executive must refer to the competent authorities panel an approval or administrative determination having effect in this jurisdiction, and 1 or more other participating jurisdictions, if— the chief executive considers that the approval or administrative determination should be amended, suspended or cancelled; or a dangerous goods authority recommends to the chief executive in writing that the approval or administrative determination should be amended, suspended or cancelled.\n- (a) an approval;\n- (b) an application for an approval;\n- (c) an administrative determination;\n- (d) an application for an administrative determination.\n- (a) the chief executive considers that the approval or administrative determination should be amended, suspended or cancelled; or\n- (b) a dangerous goods authority recommends to the chief executive in writing that the approval or administrative determination should be amended, suspended or cancelled.","sortOrder":247},{"sectionNumber":"sec.182","sectionType":"section","heading":"Effect of competent authorities panel decisions about particular matters","content":"### sec.182 Effect of competent authorities panel decisions about particular matters\n\nThis section applies if—\na matter is referred to the competent authorities panel under section 181 (1) ; and\nthe competent authorities panel decides—\nthat the approval or administrative determination should have been, or should be, given, what the terms of the approval or administrative determination should be, and that the approval or administrative determination should have effect in all participating jurisdictions or this jurisdiction and 1 or more other participating jurisdictions; or\nthat the approval or administrative determination should not have effect in this jurisdiction.\nThe chief executive must have regard to the competent authorities panel’s decision.\n(sec.182-ssec.1) This section applies if— a matter is referred to the competent authorities panel under section 181 (1) ; and the competent authorities panel decides— that the approval or administrative determination should have been, or should be, given, what the terms of the approval or administrative determination should be, and that the approval or administrative determination should have effect in all participating jurisdictions or this jurisdiction and 1 or more other participating jurisdictions; or that the approval or administrative determination should not have effect in this jurisdiction.\n(sec.182-ssec.2) The chief executive must have regard to the competent authorities panel’s decision.\n- (a) a matter is referred to the competent authorities panel under section 181 (1) ; and\n- (b) the competent authorities panel decides— (i) that the approval or administrative determination should have been, or should be, given, what the terms of the approval or administrative determination should be, and that the approval or administrative determination should have effect in all participating jurisdictions or this jurisdiction and 1 or more other participating jurisdictions; or (ii) that the approval or administrative determination should not have effect in this jurisdiction.\n- (i) that the approval or administrative determination should have been, or should be, given, what the terms of the approval or administrative determination should be, and that the approval or administrative determination should have effect in all participating jurisdictions or this jurisdiction and 1 or more other participating jurisdictions; or\n- (ii) that the approval or administrative determination should not have effect in this jurisdiction.\n- (i) that the approval or administrative determination should have been, or should be, given, what the terms of the approval or administrative determination should be, and that the approval or administrative determination should have effect in all participating jurisdictions or this jurisdiction and 1 or more other participating jurisdictions; or\n- (ii) that the approval or administrative determination should not have effect in this jurisdiction.","sortOrder":248},{"sectionNumber":"sec.183","sectionType":"section","heading":"Effect of competent authorities panel decisions about amending, suspending or cancelling approvals or administrative determinations","content":"### sec.183 Effect of competent authorities panel decisions about amending, suspending or cancelling approvals or administrative determinations\n\nThis section applies if—\nan approval or administrative determination is referred to the competent authorities panel under section 181 (2) ; and\nthe competent authorities panel decides that the approval or administrative determination—\nshould be amended (whether or not the panel’s decision is the same as the amendment proposed by the chief executive or recommended by the dangerous goods authority), and should have effect as amended in all participating jurisdictions or this jurisdiction and 1 or more other participating jurisdictions; or\nshould not be amended; or\nshould, or should not, be suspended or cancelled.\nThe chief executive must have regard to the competent authorities panel’s decision.\n(sec.183-ssec.1) This section applies if— an approval or administrative determination is referred to the competent authorities panel under section 181 (2) ; and the competent authorities panel decides that the approval or administrative determination— should be amended (whether or not the panel’s decision is the same as the amendment proposed by the chief executive or recommended by the dangerous goods authority), and should have effect as amended in all participating jurisdictions or this jurisdiction and 1 or more other participating jurisdictions; or should not be amended; or should, or should not, be suspended or cancelled.\n(sec.183-ssec.2) The chief executive must have regard to the competent authorities panel’s decision.\n- (a) an approval or administrative determination is referred to the competent authorities panel under section 181 (2) ; and\n- (b) the competent authorities panel decides that the approval or administrative determination— (i) should be amended (whether or not the panel’s decision is the same as the amendment proposed by the chief executive or recommended by the dangerous goods authority), and should have effect as amended in all participating jurisdictions or this jurisdiction and 1 or more other participating jurisdictions; or (ii) should not be amended; or (iii) should, or should not, be suspended or cancelled.\n- (i) should be amended (whether or not the panel’s decision is the same as the amendment proposed by the chief executive or recommended by the dangerous goods authority), and should have effect as amended in all participating jurisdictions or this jurisdiction and 1 or more other participating jurisdictions; or\n- (ii) should not be amended; or\n- (iii) should, or should not, be suspended or cancelled.\n- (i) should be amended (whether or not the panel’s decision is the same as the amendment proposed by the chief executive or recommended by the dangerous goods authority), and should have effect as amended in all participating jurisdictions or this jurisdiction and 1 or more other participating jurisdictions; or\n- (ii) should not be amended; or\n- (iii) should, or should not, be suspended or cancelled.","sortOrder":249},{"sectionNumber":"pt.18","sectionType":"part","heading":"Licences","content":"# Licences","sortOrder":250},{"sectionNumber":"pt.18-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":251},{"sectionNumber":"sec.184","sectionType":"section","heading":"Application of part","content":"### sec.184 Application of part\n\nDespite anything to the contrary in this part, this part does not apply in relation to the transport of dangerous goods on a vehicle if—\nthe goods are transported in an IBC; and\nthe IBC is not packed or unpacked on the vehicle; and\nthe total capacity of IBCs containing dangerous goods on the vehicle is not more than 3,000L.\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 on the vehicle is not more than 3,000L.","sortOrder":252},{"sectionNumber":"sec.185","sectionType":"section","heading":"Part additional to other laws","content":"### sec.185 Part additional to other laws\n\nThis part is in addition to any other law in force in this jurisdiction about—\nthe licensing of drivers; or\nthe employment or engaging of drivers; or\nthe registration of vehicles; or\nthe transport of goods by road.\n- (a) the licensing of drivers; or\n- (b) the employment or engaging of drivers; or\n- (c) the registration of vehicles; or\n- (d) the transport of goods by road.","sortOrder":253},{"sectionNumber":"pt.18-div.2","sectionType":"division","heading":"Vehicles and drivers must be licensed under this part","content":"## Vehicles and drivers must be licensed under this part","sortOrder":254},{"sectionNumber":"sec.186","sectionType":"section","heading":"Vehicles must be licensed","content":"### sec.186 Vehicles must be licensed\n\nA vehicle must not be used to transport—\ndangerous goods that are in a receptacle with a capacity of more than 500L; or\nmore than 500kg of dangerous goods in a receptacle;\nunless the vehicle is licensed under this part to transport the goods.\nSee section 154 of the Act for offences relating to vehicles required to be licensed under this section.\n- (a) dangerous goods that are in a receptacle with a capacity of more than 500L; or\n- (b) more than 500kg of dangerous goods in a receptacle;","sortOrder":255},{"sectionNumber":"sec.187","sectionType":"section","heading":"Drivers must be licensed","content":"### sec.187 Drivers must be licensed\n\nA person must not drive a vehicle transporting—\ndangerous goods that are in a receptacle with a capacity of more than 500L; or\nmore than 500kg of dangerous goods in a receptacle;\nunless the person holds a dangerous goods driver licence that authorises the person to drive the vehicle with the goods.\nSee section 154 of the Act for offences relating to drivers required to be licensed under this section.\n- (a) dangerous goods that are in a receptacle with a capacity of more than 500L; or\n- (b) more than 500kg of dangerous goods in a receptacle;","sortOrder":256},{"sectionNumber":"pt.18-div.3","sectionType":"division","heading":"Dangerous goods driver licences","content":"## Dangerous goods driver licences","sortOrder":257},{"sectionNumber":"sec.188","sectionType":"section","heading":"Definition for division","content":"### sec.188 Definition for division\n\nIn this division—\nlicensee means the holder of a dangerous goods driver licence.","sortOrder":258},{"sectionNumber":"sec.189","sectionType":"section","heading":"Applications for licences","content":"### sec.189 Applications for licences\n\nA person resident in Queensland who is not the holder of a dangerous goods driver licence may apply to the chief executive for a dangerous goods driver licence.\nSee division 7 , subdivision 2 for requirements about the application.\nThe application must be accompanied by—\nthe driver licence evidence required under section 190 ; and\nthe competency evidence required under section 191 ; and\nthe medical fitness evidence required under section  192; and\nif a fee is stated for the application under section 246 —the stated fee.\n(sec.189-ssec.1) A person resident in Queensland who is not the holder of a dangerous goods driver licence may apply to the chief executive for a dangerous goods driver licence. See division 7 , subdivision 2 for requirements about the application.\n(sec.189-ssec.2) The application must be accompanied by— the driver licence evidence required under section 190 ; and the competency evidence required under section 191 ; and the medical fitness evidence required under section  192; and if a fee is stated for the application under section 246 —the stated fee.\n- (a) the driver licence evidence required under section 190 ; and\n- (b) the competency evidence required under section 191 ; and\n- (c) the medical fitness evidence required under section  192; and\n- (d) if a fee is stated for the application under section 246 —the stated fee.","sortOrder":259},{"sectionNumber":"sec.190","sectionType":"section","heading":"Required driver licence evidence","content":"### sec.190 Required driver licence evidence\n\nThe following documents are required as driver licence evidence for an application for the grant or renewal of a dangerous goods driver licence—\na copy of—\nthe applicant’s open licence; or\nif the applicant does not presently hold, but has previously held, an open licence—the applicant’s probationary licence or restricted licence;\nan authorisation by the applicant for the chief executive to have access to entries about the applicant in the driver licences register of any State.\nSee section 17C of the Act for when the chief executive may obtain information about the applicant’s criminal history from the commissioner.\n- (a) a copy of— (i) the applicant’s open licence; or (ii) if the applicant does not presently hold, but has previously held, an open licence—the applicant’s probationary licence or restricted licence;\n- (i) the applicant’s open licence; or\n- (ii) if the applicant does not presently hold, but has previously held, an open licence—the applicant’s probationary licence or restricted licence;\n- (b) an authorisation by the applicant for the chief executive to have access to entries about the applicant in the driver licences register of any State.\n- (i) the applicant’s open licence; or\n- (ii) if the applicant does not presently hold, but has previously held, an open licence—the applicant’s probationary licence or restricted licence;","sortOrder":260},{"sectionNumber":"sec.191","sectionType":"section","heading":"Required competency evidence","content":"### sec.191 Required competency evidence\n\nA document mentioned in subsection (2) is required as competency evidence for an application for the grant or renewal of a dangerous goods driver licence.\nThe document must be either—\na certificate issued, not more than 6 months before the day the application is made, by a person who conducted an approved test or approved training course stating that the applicant passed the test or finished the course; or\nother written evidence that the applicant passed an approved test or finished an approved training course not more than 6 months before the day the application is made.\nIn this section—\napproved test means a test approved under section 21 (1) (a) .\napproved training course means a training course approved under section 21 (1) (b) .\n(sec.191-ssec.1) A document mentioned in subsection (2) is required as competency evidence for an application for the grant or renewal of a dangerous goods driver licence.\n(sec.191-ssec.2) The document must be either— a certificate issued, not more than 6 months before the day the application is made, by a person who conducted an approved test or approved training course stating that the applicant passed the test or finished the course; or other written evidence that the applicant passed an approved test or finished an approved training course not more than 6 months before the day the application is made.\n(sec.191-ssec.3) In this section— approved test means a test approved under section 21 (1) (a) . approved training course means a training course approved under section 21 (1) (b) .\n- (a) a certificate issued, not more than 6 months before the day the application is made, by a person who conducted an approved test or approved training course stating that the applicant passed the test or finished the course; or\n- (b) other written evidence that the applicant passed an approved test or finished an approved training course not more than 6 months before the day the application is made.","sortOrder":261},{"sectionNumber":"sec.192","sectionType":"section","heading":"Required medical fitness evidence","content":"### sec.192 Required medical fitness evidence\n\nThe certificate mentioned in subsection (2) is required as medical fitness evidence for an application for the grant or renewal of a dangerous goods driver licence.\nThe certificate must be—\nabout the medical fitness of the applicant to drive a vehicle; and\nissued by a doctor who, not more than 6 months before the day the application is made, examined and passed the applicant in accordance with the fitness to drive standards, as in force at the time of the examination.\n(sec.192-ssec.1) The certificate mentioned in subsection (2) is required as medical fitness evidence for an application for the grant or renewal of a dangerous goods driver licence.\n(sec.192-ssec.2) The certificate must be— about the medical fitness of the applicant to drive a vehicle; and issued by a doctor who, not more than 6 months before the day the application is made, examined and passed the applicant in accordance with the fitness to drive standards, as in force at the time of the examination.\n- (a) about the medical fitness of the applicant to drive a vehicle; and\n- (b) issued by a doctor who, not more than 6 months before the day the application is made, examined and passed the applicant in accordance with the fitness to drive standards, as in force at the time of the examination.","sortOrder":262},{"sectionNumber":"sec.193","sectionType":"section","heading":"Grant of dangerous goods driver licences","content":"### sec.193 Grant of dangerous goods driver licences\n\nThe chief executive must grant a dangerous goods driver licence, with or without conditions, if—\nan application is made to the chief executive for the licence; and\nthe application complies with section 189 ; and\nthe applicant holds an open licence.\nSee also the Transport Planning and Coordination Act 1994 , section 28EA (5) for when the chief executive must refuse to consider an application.\nSee also section 200 for the conditions the chief executive may impose on a dangerous goods driver licence.\nHowever, the chief executive must not grant a dangerous goods driver licence if—\nin the 5 years before the day the application is made—\nthe applicant was convicted by a court in Australia of an offence that in the chief executive’s opinion makes the applicant unsuitable to be the driver of a vehicle transporting dangerous goods; or\nthe applicant’s driver licence has been suspended or cancelled on a ground that in the chief executive’s opinion makes the applicant unsuitable to be the driver of a vehicle transporting dangerous goods; or\nthe applicant is subject to a court order, under section 160 of the Act , prohibiting the applicant from involvement in the transport of dangerous goods.\nWithout limiting subsection (2) (a) , the chief executive may consider a person to be unsuitable to be the driver of a vehicle transporting dangerous goods if—\nthe person has been convicted of an offence against the Drugs Misuse Act 1986 or of an offence involving careless or dangerous driving or driving under the influence of liquor or a drug; or\nthe person has been disqualified from holding or obtaining a driver licence, whether absolutely or for a period.\nAlso, the chief executive may refuse to consider an application for a dangerous goods driver licence if the applicant already holds a dangerous goods driver licence under the name stated in the application or another name.\nSee also section 203 .\nIf the chief executive grants a dangerous goods driver licence, the chief executive must give the applicant a driver authorising document.\nIf the chief executive refuses to grant a dangerous goods driver licence, or grants a dangerous goods driver licence subject to conditions, the chief executive must inform the applicant by written notice of the decision.\nThe notice must be or include an information notice.\n(sec.193-ssec.1) The chief executive must grant a dangerous goods driver licence, with or without conditions, if— an application is made to the chief executive for the licence; and the application complies with section 189 ; and the applicant holds an open licence. See also the Transport Planning and Coordination Act 1994 , section 28EA (5) for when the chief executive must refuse to consider an application. See also section 200 for the conditions the chief executive may impose on a dangerous goods driver licence.\n(sec.193-ssec.2) However, the chief executive must not grant a dangerous goods driver licence if— in the 5 years before the day the application is made— the applicant was convicted by a court in Australia of an offence that in the chief executive’s opinion makes the applicant unsuitable to be the driver of a vehicle transporting dangerous goods; or the applicant’s driver licence has been suspended or cancelled on a ground that in the chief executive’s opinion makes the applicant unsuitable to be the driver of a vehicle transporting dangerous goods; or the applicant is subject to a court order, under section 160 of the Act , prohibiting the applicant from involvement in the transport of dangerous goods.\n(sec.193-ssec.3) Without limiting subsection (2) (a) , the chief executive may consider a person to be unsuitable to be the driver of a vehicle transporting dangerous goods if— the person has been convicted of an offence against the Drugs Misuse Act 1986 or of an offence involving careless or dangerous driving or driving under the influence of liquor or a drug; or the person has been disqualified from holding or obtaining a driver licence, whether absolutely or for a period.\n(sec.193-ssec.4) Also, the chief executive may refuse to consider an application for a dangerous goods driver licence if the applicant already holds a dangerous goods driver licence under the name stated in the application or another name. See also section 203 .\n(sec.193-ssec.5) If the chief executive grants a dangerous goods driver licence, the chief executive must give the applicant a driver authorising document.\n(sec.193-ssec.6) If the chief executive refuses to grant a dangerous goods driver licence, or grants a dangerous goods driver licence subject to conditions, the chief executive must inform the applicant by written notice of the decision.\n(sec.193-ssec.7) The notice must be or include an information notice.\n- (a) an application is made to the chief executive for the licence; and\n- (b) the application complies with section 189 ; and\n- (c) the applicant holds an open licence.\n- 1 See also the Transport Planning and Coordination Act 1994 , section 28EA (5) for when the chief executive must refuse to consider an application.\n- 2 See also section 200 for the conditions the chief executive may impose on a dangerous goods driver licence.\n- (a) in the 5 years before the day the application is made— (i) the applicant was convicted by a court in Australia of an offence that in the chief executive’s opinion makes the applicant unsuitable to be the driver of a vehicle transporting dangerous goods; or (ii) the applicant’s driver licence has been suspended or cancelled on a ground that in the chief executive’s opinion makes the applicant unsuitable to be the driver of a vehicle transporting dangerous goods; or\n- (i) the applicant was convicted by a court in Australia of an offence that in the chief executive’s opinion makes the applicant unsuitable to be the driver of a vehicle transporting dangerous goods; or\n- (ii) the applicant’s driver licence has been suspended or cancelled on a ground that in the chief executive’s opinion makes the applicant unsuitable to be the driver of a vehicle transporting dangerous goods; or\n- (b) the applicant is subject to a court order, under section 160 of the Act , prohibiting the applicant from involvement in the transport of dangerous goods.\n- (i) the applicant was convicted by a court in Australia of an offence that in the chief executive’s opinion makes the applicant unsuitable to be the driver of a vehicle transporting dangerous goods; or\n- (ii) the applicant’s driver licence has been suspended or cancelled on a ground that in the chief executive’s opinion makes the applicant unsuitable to be the driver of a vehicle transporting dangerous goods; or\n- (a) the person has been convicted of an offence against the Drugs Misuse Act 1986 or of an offence involving careless or dangerous driving or driving under the influence of liquor or a drug; or\n- (b) the person has been disqualified from holding or obtaining a driver licence, whether absolutely or for a period.","sortOrder":263},{"sectionNumber":"sec.194","sectionType":"section","heading":"Applications for renewal of licences","content":"### sec.194 Applications for renewal of licences\n\nA person resident in Queensland who holds a dangerous goods driver licence may apply to the chief executive for the renewal of the licence.\nSee division 7 , subdivision 2 for requirements about the application.\nThe application must be accompanied by—\nthe driver licence evidence required under section 190 ; and\nthe competency evidence required under section 191 ; and\nthe medical fitness evidence required under section 192 ; and\nthe fee stated in schedule 2 , item 3.\nThe fee payable under schedule 2 , item 3 is the fee in force on 1 July in the financial year in which the period of the renewed licence starts.\ns 194 amd 2022 SL No. 56 s 42\n(sec.194-ssec.1) A person resident in Queensland who holds a dangerous goods driver licence may apply to the chief executive for the renewal of the licence. See division 7 , subdivision 2 for requirements about the application.\n(sec.194-ssec.2) The application must be accompanied by— the driver licence evidence required under section 190 ; and the competency evidence required under section 191 ; and the medical fitness evidence required under section 192 ; and the fee stated in schedule 2 , item 3.\n(sec.194-ssec.3) The fee payable under schedule 2 , item 3 is the fee in force on 1 July in the financial year in which the period of the renewed licence starts.\n- (a) the driver licence evidence required under section 190 ; and\n- (b) the competency evidence required under section 191 ; and\n- (c) the medical fitness evidence required under section 192 ; and\n- (d) the fee stated in schedule 2 , item 3.","sortOrder":264},{"sectionNumber":"sec.195","sectionType":"section","heading":"Renewal of licences","content":"### sec.195 Renewal of licences\n\nThe chief executive must renew a dangerous goods driver licence, with or without conditions, if—\nan application is made to the chief executive for renewal of the licence; and\nthe application complies with section 194 .\nSee also the Transport Planning and Coordination Act 1994 , section 28EA (5) for when the chief executive must refuse to consider an application.\nSee also section 200 for the conditions the chief executive may impose on a dangerous goods driver licence.\nHowever, the chief executive must not renew a dangerous goods driver licence if—\nwhile the licence was in force—\nthe applicant was convicted in Australia of an offence that in the chief executive’s opinion makes the applicant unsuitable to be the driver of a vehicle transporting dangerous goods; or\nthe applicant’s driver licence has been suspended or cancelled on a ground that in the chief executive’s opinion makes the applicant unsuitable to be the driver of a vehicle transporting dangerous goods; or\nthe applicant is subject to a court order, under section 160 of the Act , prohibiting the applicant from involvement in the transport of dangerous goods.\nWithout limiting subsection (2) (a) , the chief executive may consider a person to be unsuitable to be the driver of a vehicle transporting dangerous goods if—\nthe person has been convicted of an offence against the Drugs Misuse Act 1986 or of an offence involving careless or dangerous driving or driving under the influence of liquor or a drug; or\nthe person has been disqualified from holding or obtaining a driver licence, whether absolutely or for a period.\nIf the chief executive refuses to renew a dangerous goods driver licence, or renews a dangerous goods driver licence subject to conditions, the chief executive must inform the applicant by written notice of the decision.\nThe notice must be or include an information notice.\n(sec.195-ssec.1) The chief executive must renew a dangerous goods driver licence, with or without conditions, if— an application is made to the chief executive for renewal of the licence; and the application complies with section 194 . See also the Transport Planning and Coordination Act 1994 , section 28EA (5) for when the chief executive must refuse to consider an application. See also section 200 for the conditions the chief executive may impose on a dangerous goods driver licence.\n(sec.195-ssec.2) However, the chief executive must not renew a dangerous goods driver licence if— while the licence was in force— the applicant was convicted in Australia of an offence that in the chief executive’s opinion makes the applicant unsuitable to be the driver of a vehicle transporting dangerous goods; or the applicant’s driver licence has been suspended or cancelled on a ground that in the chief executive’s opinion makes the applicant unsuitable to be the driver of a vehicle transporting dangerous goods; or the applicant is subject to a court order, under section 160 of the Act , prohibiting the applicant from involvement in the transport of dangerous goods.\n(sec.195-ssec.3) Without limiting subsection (2) (a) , the chief executive may consider a person to be unsuitable to be the driver of a vehicle transporting dangerous goods if— the person has been convicted of an offence against the Drugs Misuse Act 1986 or of an offence involving careless or dangerous driving or driving under the influence of liquor or a drug; or the person has been disqualified from holding or obtaining a driver licence, whether absolutely or for a period.\n(sec.195-ssec.4) If the chief executive refuses to renew a dangerous goods driver licence, or renews a dangerous goods driver licence subject to conditions, the chief executive must inform the applicant by written notice of the decision.\n(sec.195-ssec.5) The notice must be or include an information notice.\n- (a) an application is made to the chief executive for renewal of the licence; and\n- (b) the application complies with section 194 .\n- 1 See also the Transport Planning and Coordination Act 1994 , section 28EA (5) for when the chief executive must refuse to consider an application.\n- 2 See also section 200 for the conditions the chief executive may impose on a dangerous goods driver licence.\n- (a) while the licence was in force— (i) the applicant was convicted in Australia of an offence that in the chief executive’s opinion makes the applicant unsuitable to be the driver of a vehicle transporting dangerous goods; or (ii) the applicant’s driver licence has been suspended or cancelled on a ground that in the chief executive’s opinion makes the applicant unsuitable to be the driver of a vehicle transporting dangerous goods; or\n- (i) the applicant was convicted in Australia of an offence that in the chief executive’s opinion makes the applicant unsuitable to be the driver of a vehicle transporting dangerous goods; or\n- (ii) the applicant’s driver licence has been suspended or cancelled on a ground that in the chief executive’s opinion makes the applicant unsuitable to be the driver of a vehicle transporting dangerous goods; or\n- (b) the applicant is subject to a court order, under section 160 of the Act , prohibiting the applicant from involvement in the transport of dangerous goods.\n- (i) the applicant was convicted in Australia of an offence that in the chief executive’s opinion makes the applicant unsuitable to be the driver of a vehicle transporting dangerous goods; or\n- (ii) the applicant’s driver licence has been suspended or cancelled on a ground that in the chief executive’s opinion makes the applicant unsuitable to be the driver of a vehicle transporting dangerous goods; or\n- (a) the person has been convicted of an offence against the Drugs Misuse Act 1986 or of an offence involving careless or dangerous driving or driving under the influence of liquor or a drug; or\n- (b) the person has been disqualified from holding or obtaining a driver licence, whether absolutely or for a period.","sortOrder":265},{"sectionNumber":"sec.196","sectionType":"section","heading":"Licence periods","content":"### sec.196 Licence periods\n\nA dangerous goods driver licence is granted for the period stated in the licence, being a period not longer than 5 years.\nA dangerous goods driver licence takes effect on the day the licence is granted or a later day stated in the licence.\nA dangerous goods driver licence is renewed for the period stated in the renewed licence, being a period not longer than 5 years and 3 months.\n(sec.196-ssec.1) A dangerous goods driver licence is granted for the period stated in the licence, being a period not longer than 5 years.\n(sec.196-ssec.2) A dangerous goods driver licence takes effect on the day the licence is granted or a later day stated in the licence.\n(sec.196-ssec.3) A dangerous goods driver licence is renewed for the period stated in the renewed licence, being a period not longer than 5 years and 3 months.","sortOrder":266},{"sectionNumber":"sec.197","sectionType":"section","heading":"Form of driver authorising documents","content":"### sec.197 Form of driver authorising documents\n\nThis section applies if the chief executive—\ngrants a dangerous goods driver licence to a person, or renews a person’s dangerous goods driver licence, and gives the person a driver authorising document; or\ngives a person a replacement driver authorising document.\nThe driver authorising document may be in the form of a smartcard dangerous goods driver licence or an interim transport authority.\nSubsection (2) does not limit the form of a driver authorising document.\nA smartcard dangerous goods driver licence given to a person may be in the form of a smartcard transport authority that includes information about 1 or more other transport authorities held by the person.\nIn this section—\nsmartcard transport authority has the meaning given by the Transport Planning and Coordination Act 1994 , section 36G (1) .\ntransport authority see the Transport Planning and Coordination Act 1994 , section 36G (3) .\n(sec.197-ssec.1) This section applies if the chief executive— grants a dangerous goods driver licence to a person, or renews a person’s dangerous goods driver licence, and gives the person a driver authorising document; or gives a person a replacement driver authorising document.\n(sec.197-ssec.2) The driver authorising document may be in the form of a smartcard dangerous goods driver licence or an interim transport authority.\n(sec.197-ssec.3) Subsection (2) does not limit the form of a driver authorising document.\n(sec.197-ssec.4) A smartcard dangerous goods driver licence given to a person may be in the form of a smartcard transport authority that includes information about 1 or more other transport authorities held by the person.\n(sec.197-ssec.5) In this section— smartcard transport authority has the meaning given by the Transport Planning and Coordination Act 1994 , section 36G (1) . transport authority see the Transport Planning and Coordination Act 1994 , section 36G (3) .\n- (a) grants a dangerous goods driver licence to a person, or renews a person’s dangerous goods driver licence, and gives the person a driver authorising document; or\n- (b) gives a person a replacement driver authorising document.","sortOrder":267},{"sectionNumber":"sec.198","sectionType":"section","heading":"General provisions about driver authorising documents","content":"### sec.198 General provisions about driver authorising documents\n\nA driver authorising document may—\nindicate by way of a code, expression or otherwise that a person holds a dangerous goods driver licence and whether the licence is subject to a condition; and\ncontain information about—\nthe licence; and\nthe person’s personal particulars.\nA code or expression mentioned in subsection (1) may be—\nstated on a driver authorising document; or\nstored electronically on a smartcard dangerous goods driver licence.\nSubsection (1) does not limit the information a driver authorising document may contain.\n(sec.198-ssec.1) A driver authorising document may— indicate by way of a code, expression or otherwise that a person holds a dangerous goods driver licence and whether the licence is subject to a condition; and contain information about— the licence; and the person’s personal particulars.\n(sec.198-ssec.2) A code or expression mentioned in subsection (1) may be— stated on a driver authorising document; or stored electronically on a smartcard dangerous goods driver licence.\n(sec.198-ssec.3) Subsection (1) does not limit the information a driver authorising document may contain.\n- (a) indicate by way of a code, expression or otherwise that a person holds a dangerous goods driver licence and whether the licence is subject to a condition; and\n- (b) contain information about— (i) the licence; and (ii) the person’s personal particulars.\n- (i) the licence; and\n- (ii) the person’s personal particulars.\n- (i) the licence; and\n- (ii) the person’s personal particulars.\n- (a) stated on a driver authorising document; or\n- (b) stored electronically on a smartcard dangerous goods driver licence.","sortOrder":268},{"sectionNumber":"sec.199","sectionType":"section","heading":"Expressions on driver authorising documents","content":"### sec.199 Expressions on driver authorising documents\n\nThe expression ‘dangerous goods driver licence’ on a driver authorising document indicates that the person is the holder of a dangerous goods driver licence.\nThe expression ‘authority no.’ on a driver authorising document indicates the licence number given to the holder of a dangerous goods driver licence.\n(sec.199-ssec.1) The expression ‘dangerous goods driver licence’ on a driver authorising document indicates that the person is the holder of a dangerous goods driver licence.\n(sec.199-ssec.2) The expression ‘authority no.’ on a driver authorising document indicates the licence number given to the holder of a dangerous goods driver licence.","sortOrder":269},{"sectionNumber":"sec.200","sectionType":"section","heading":"Licence conditions","content":"### sec.200 Licence conditions\n\nThe chief executive may grant or renew a dangerous goods driver licence subject to a condition mentioned in subsection (2) or (3) .\nA dangerous goods driver licence may be subject to a condition about—\nthe dangerous goods that may or may not be transported in or on a vehicle driven by the licensee; or\nthe packaging that may or may not be used to transport dangerous goods in or on a vehicle driven by the licensee; or\nthe vehicles that may be driven by the licensee in transporting dangerous goods; or\nthe areas where the licensee may or may not drive a vehicle transporting dangerous goods or particular dangerous goods; or\nthe supervision of the licensee when driving a vehicle transporting dangerous goods; or\nthe medical examinations required to be undergone by the licensee in accordance with the fitness to drive standards.\nA dangerous goods driver licence may be subject to any other condition necessary for the safe transport of dangerous goods by road.\n(sec.200-ssec.1) The chief executive may grant or renew a dangerous goods driver licence subject to a condition mentioned in subsection (2) or (3) .\n(sec.200-ssec.2) A dangerous goods driver licence may be subject to a condition about— the dangerous goods that may or may not be transported in or on a vehicle driven by the licensee; or the packaging that may or may not be used to transport dangerous goods in or on a vehicle driven by the licensee; or the vehicles that may be driven by the licensee in transporting dangerous goods; or the areas where the licensee may or may not drive a vehicle transporting dangerous goods or particular dangerous goods; or the supervision of the licensee when driving a vehicle transporting dangerous goods; or the medical examinations required to be undergone by the licensee in accordance with the fitness to drive standards.\n(sec.200-ssec.3) A dangerous goods driver licence may be subject to any other condition necessary for the safe transport of dangerous goods by road.\n- (a) the dangerous goods that may or may not be transported in or on a vehicle driven by the licensee; or\n- (b) the packaging that may or may not be used to transport dangerous goods in or on a vehicle driven by the licensee; or\n- (c) the vehicles that may be driven by the licensee in transporting dangerous goods; or\n- (d) the areas where the licensee may or may not drive a vehicle transporting dangerous goods or particular dangerous goods; or\n- (e) the supervision of the licensee when driving a vehicle transporting dangerous goods; or\n- (f) the medical examinations required to be undergone by the licensee in accordance with the fitness to drive standards.","sortOrder":270},{"sectionNumber":"sec.201","sectionType":"section","heading":"Codes on driver authorising document","content":"### sec.201 Codes on driver authorising document\n\nThe following codes may be used on a driver authorising document—\n‘N’ stated on a driver authorising document to show that—\nthe dangerous goods driver licence is not subject to a condition; or\nthe dangerous goods driver licence is subject to a condition evidence of which need not be carried by the holder of the licence while carrying out activities for which the licence is required;\n‘Y’ stated on a driver authorising document to show that the dangerous goods driver licence is subject to a condition evidence of which must be carried by the holder of the licence while carrying out activities for which the licence is required;\n‘TEXT’ stored on a smartcard driver dangerous goods driver licence to show that the licence is subject to a condition.\n- (a) ‘N’ stated on a driver authorising document to show that— (i) the dangerous goods driver licence is not subject to a condition; or (ii) the dangerous goods driver licence is subject to a condition evidence of which need not be carried by the holder of the licence while carrying out activities for which the licence is required;\n- (i) the dangerous goods driver licence is not subject to a condition; or\n- (ii) the dangerous goods driver licence is subject to a condition evidence of which need not be carried by the holder of the licence while carrying out activities for which the licence is required;\n- (b) ‘Y’ stated on a driver authorising document to show that the dangerous goods driver licence is subject to a condition evidence of which must be carried by the holder of the licence while carrying out activities for which the licence is required;\n- (c) ‘TEXT’ stored on a smartcard driver dangerous goods driver licence to show that the licence is subject to a condition.\n- (i) the dangerous goods driver licence is not subject to a condition; or\n- (ii) the dangerous goods driver licence is subject to a condition evidence of which need not be carried by the holder of the licence while carrying out activities for which the licence is required;","sortOrder":271},{"sectionNumber":"sec.202","sectionType":"section","heading":"Additional condition","content":"### sec.202 Additional condition\n\nIt is a condition of a dangerous goods driver licence that the chief executive may, by written notice given to the licensee, require the licensee to produce to the chief executive a certificate that would be required under section 192 if the licensee were to apply for a renewal of the licence.\nThe written notice must state a period of at least 2 months after the day the notice is given to the licensee within which the licensee must produce the certificate.\nThe chief executive must not give written notice under this section if the period of validity of the dangerous goods driver licence is less than 4 months.\n(sec.202-ssec.1) It is a condition of a dangerous goods driver licence that the chief executive may, by written notice given to the licensee, require the licensee to produce to the chief executive a certificate that would be required under section 192 if the licensee were to apply for a renewal of the licence.\n(sec.202-ssec.2) The written notice must state a period of at least 2 months after the day the notice is given to the licensee within which the licensee must produce the certificate.\n(sec.202-ssec.3) The chief executive must not give written notice under this section if the period of validity of the dangerous goods driver licence is less than 4 months.","sortOrder":272},{"sectionNumber":"sec.203","sectionType":"section","heading":"Only 1 dangerous goods driver licence to be held at the same time","content":"### sec.203 Only 1 dangerous goods driver licence to be held at the same time\n\nA person must not hold more than 1 dangerous goods driver licence at the same time.\nMaximum penalty—40 penalty units.","sortOrder":273},{"sectionNumber":"sec.204","sectionType":"section","heading":"Amending, suspending or cancelling licences","content":"### sec.204 Amending, suspending or cancelling licences\n\nA dangerous goods driver licence is prescribed as an approval for section 18 (1) (l) of the Act .","sortOrder":274},{"sectionNumber":"pt.18-div.4","sectionType":"division","heading":"Dangerous goods vehicle licences","content":"## Dangerous goods vehicle licences","sortOrder":275},{"sectionNumber":"sec.205","sectionType":"section","heading":"Definitions for division","content":"### sec.205 Definitions for division\n\nIn this division—\nconverter dolly see the Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 2021 , schedule 4 .\ns 205 def converter dolly amd 2021 SL No. 114 s 153 sch 5\nvehicle does not include—\na prime mover; or\na converter dolly.\n- (a) a prime mover; or\n- (b) a converter dolly.","sortOrder":276},{"sectionNumber":"sec.206","sectionType":"section","heading":"Applications for licences","content":"### sec.206 Applications for licences\n\nA person may apply to the chief executive for a dangerous goods vehicle licence for a vehicle—\nused, or intended to be used, for transporting dangerous goods; and\nfor which the person does not hold a dangerous goods vehicle licence.\nSee division 7 , subdivision 2 for requirements about the application.\nThe application must include the following information—\nthe registration number, make and type of the vehicle;\nthe type of dangerous goods intended to be transported in or on the vehicle.\nAn application may be made for dangerous goods vehicle licences for 2 or more vehicles—\nif the application is made under section 236 (1) (a) —in the same approved form; or\nif the application is made under section 236 (1) (b) —in the same approved way; or\nif the application is made under section 236 (1) (c) —in the same application in writing.\ns 206 amd 2023 SL No. 24 s 25\n(sec.206-ssec.1) A person may apply to the chief executive for a dangerous goods vehicle licence for a vehicle— used, or intended to be used, for transporting dangerous goods; and for which the person does not hold a dangerous goods vehicle licence. See division 7 , subdivision 2 for requirements about the application.\n(sec.206-ssec.2) The application must include the following information— the registration number, make and type of the vehicle; the type of dangerous goods intended to be transported in or on the vehicle.\n(sec.206-ssec.3) An application may be made for dangerous goods vehicle licences for 2 or more vehicles— if the application is made under section 236 (1) (a) —in the same approved form; or if the application is made under section 236 (1) (b) —in the same approved way; or if the application is made under section 236 (1) (c) —in the same application in writing.\n- (a) used, or intended to be used, for transporting dangerous goods; and\n- (b) for which the person does not hold a dangerous goods vehicle licence.\n- (a) the registration number, make and type of the vehicle;\n- (b) the type of dangerous goods intended to be transported in or on the vehicle.\n- (a) if the application is made under section 236 (1) (a) —in the same approved form; or\n- (b) if the application is made under section 236 (1) (b) —in the same approved way; or\n- (c) if the application is made under section 236 (1) (c) —in the same application in writing.","sortOrder":277},{"sectionNumber":"sec.207","sectionType":"section","heading":"Additional information and inspections","content":"### sec.207 Additional information and inspections\n\nThis section applies in relation to the applicant for a dangerous goods vehicle licence, or the renewal of a dangerous goods vehicle licence, for a vehicle.\nThe chief executive may, by written notice given to the applicant, ask the applicant—\nto give to the chief executive the additional information reasonably necessary to decide the application; or\nto make the vehicle available for inspection by the chief executive at a stated place and time.\nIf a report of an inspection under subsection (2) (b) is prepared, the chief executive must give a copy of it to the applicant if the applicant asks for it.\n(sec.207-ssec.1) This section applies in relation to the applicant for a dangerous goods vehicle licence, or the renewal of a dangerous goods vehicle licence, for a vehicle.\n(sec.207-ssec.2) The chief executive may, by written notice given to the applicant, ask the applicant— to give to the chief executive the additional information reasonably necessary to decide the application; or to make the vehicle available for inspection by the chief executive at a stated place and time.\n(sec.207-ssec.3) If a report of an inspection under subsection (2) (b) is prepared, the chief executive must give a copy of it to the applicant if the applicant asks for it.\n- (a) to give to the chief executive the additional information reasonably necessary to decide the application; or\n- (b) to make the vehicle available for inspection by the chief executive at a stated place and time.","sortOrder":278},{"sectionNumber":"sec.208","sectionType":"section","heading":"Grant of dangerous goods vehicle licences","content":"### sec.208 Grant of dangerous goods vehicle licences\n\nThe chief executive must grant, with or without conditions, a dangerous goods vehicle licence for a vehicle if—\nan application is made to the chief executive for the licence; and\nthe application complies with section 206 ; and\nthe applicant has complied with a request made under section 207 in relation to the application; and\nthe vehicle is suitable to transport each type of dangerous goods intended to be transported in or on the vehicle; and\nthe applicant has paid the fee payable under this regulation for the grant of the licence.\nSee section 212 for the conditions the chief executive may impose on a dangerous goods vehicle licence.\nWithout limiting subsection (1) (d) , if a vehicle is intended for use in the transport of dangerous goods in the form of a liquid or gas using a tank that will form part of the vehicle or be attached to it, the vehicle is suitable to transport the goods only if—\nthe tank is an approved tank; and\nthe vehicle complies with the requirements of chapters 4.4 and 6.1 of the ADG Code applying to vehicles for use in transporting dangerous goods in the form of a liquid or gas.\nHowever, the chief executive must not grant a dangerous goods vehicle licence if the applicant is subject to a court order, under section 160 of the Act , prohibiting the applicant from involvement in the transport of dangerous goods.\nThe chief executive may issue a single dangerous goods vehicle licence for more than 1 vehicle.\nIf the chief executive refuses to grant a dangerous goods vehicle licence, or grants a dangerous goods vehicle licence subject to conditions, the chief executive must inform the applicant by written notice of the decision.\nThe notice must be or include an information notice.\ns 208 amd 2023 SL No. 24 s 26\n(sec.208-ssec.1) The chief executive must grant, with or without conditions, a dangerous goods vehicle licence for a vehicle if— an application is made to the chief executive for the licence; and the application complies with section 206 ; and the applicant has complied with a request made under section 207 in relation to the application; and the vehicle is suitable to transport each type of dangerous goods intended to be transported in or on the vehicle; and the applicant has paid the fee payable under this regulation for the grant of the licence. See section 212 for the conditions the chief executive may impose on a dangerous goods vehicle licence.\n(sec.208-ssec.2) Without limiting subsection (1) (d) , if a vehicle is intended for use in the transport of dangerous goods in the form of a liquid or gas using a tank that will form part of the vehicle or be attached to it, the vehicle is suitable to transport the goods only if— the tank is an approved tank; and the vehicle complies with the requirements of chapters 4.4 and 6.1 of the ADG Code applying to vehicles for use in transporting dangerous goods in the form of a liquid or gas.\n(sec.208-ssec.3) However, the chief executive must not grant a dangerous goods vehicle licence if the applicant is subject to a court order, under section 160 of the Act , prohibiting the applicant from involvement in the transport of dangerous goods.\n(sec.208-ssec.4) The chief executive may issue a single dangerous goods vehicle licence for more than 1 vehicle.\n(sec.208-ssec.5) If the chief executive refuses to grant a dangerous goods vehicle licence, or grants a dangerous goods vehicle licence subject to conditions, the chief executive must inform the applicant by written notice of the decision.\n(sec.208-ssec.6) The notice must be or include an information notice.\n- (a) an application is made to the chief executive for the licence; and\n- (b) the application complies with section 206 ; and\n- (c) the applicant has complied with a request made under section 207 in relation to the application; and\n- (d) the vehicle is suitable to transport each type of dangerous goods intended to be transported in or on the vehicle; and\n- (e) the applicant has paid the fee payable under this regulation for the grant of the licence.\n- (a) the tank is an approved tank; and\n- (b) the vehicle complies with the requirements of chapters 4.4 and 6.1 of the ADG Code applying to vehicles for use in transporting dangerous goods in the form of a liquid or gas.","sortOrder":279},{"sectionNumber":"sec.208A","sectionType":"section","heading":"Licence periods","content":"### sec.208A Licence periods\n\nA dangerous goods vehicle licence is granted for a period of 12 months starting on the day the licence is granted.\nHowever, if the applicant already holds a dangerous goods vehicle licence, the dangerous goods vehicle licence is granted for the period equal to the remaining period for the licence already held by the applicant.\ns 208A ins 2023 SL No. 24 s 27\n(sec.208A-ssec.1) A dangerous goods vehicle licence is granted for a period of 12 months starting on the day the licence is granted.\n(sec.208A-ssec.2) However, if the applicant already holds a dangerous goods vehicle licence, the dangerous goods vehicle licence is granted for the period equal to the remaining period for the licence already held by the applicant.","sortOrder":280},{"sectionNumber":"sec.209","sectionType":"section","heading":"Applications for renewal of licences","content":"### sec.209 Applications for renewal of licences\n\nA person who holds a dangerous goods vehicle licence for a vehicle may apply to the chief executive for the renewal of the licence.\nSee division 7 , subdivision 2 for requirements about the application.\nThe application must include the information mentioned in section 206 (2) .\ns 209 amd 2022 SL No. 56 s 43 ; 2023 SL No. 24 s 28\n(sec.209-ssec.1) A person who holds a dangerous goods vehicle licence for a vehicle may apply to the chief executive for the renewal of the licence. See division 7 , subdivision 2 for requirements about the application.\n(sec.209-ssec.2) The application must include the information mentioned in section 206 (2) .","sortOrder":281},{"sectionNumber":"sec.210","sectionType":"section","heading":"Renewal of licences","content":"### sec.210 Renewal of licences\n\nThe chief executive must, with or without conditions, renew a dangerous goods vehicle licence for a vehicle if—\nan application is made to the chief executive for the renewal of the licence; and\nthe application complies with section 209 ; and\nthe applicant has complied with a request made under section 207 in relation to the application; and\nthe vehicle is suitable to transport each type of dangerous goods intended to be transported in or on the vehicle; and\nthe applicant has paid the fee payable under this regulation for the renewal of the licence.\nSee section 212 for the conditions the chief executive may impose on the renewal of a dangerous goods vehicle licence.\nWithout limiting subsection (1) (d) , if a vehicle is intended for use in the transport of dangerous goods in the form of a liquid or gas using a tank that will form part of the vehicle or be attached to it, the vehicle is suitable only if—\nthe tank is an approved tank; and\nthe vehicle complies with the requirements of chapters 4.4 and 6.1 of the ADG Code applying to vehicles for use in transporting dangerous goods in the form of a liquid or gas.\nHowever, the chief executive must not renew a dangerous goods vehicle licence if the applicant is subject to a court order, under section 160 of the Act , prohibiting the applicant from involvement in the transport of dangerous goods.\nThe chief executive may issue a single dangerous goods vehicle licence for more than 1 vehicle.\nIf the chief executive refuses to renew a dangerous goods vehicle licence, or renews a dangerous goods vehicle licence subject to conditions, the chief executive must inform the applicant by written notice of the decision.\nThe notice must be or include an information notice.\ns 210 amd 2023 SL No. 24 s 29\n(sec.210-ssec.1) The chief executive must, with or without conditions, renew a dangerous goods vehicle licence for a vehicle if— an application is made to the chief executive for the renewal of the licence; and the application complies with section 209 ; and the applicant has complied with a request made under section 207 in relation to the application; and the vehicle is suitable to transport each type of dangerous goods intended to be transported in or on the vehicle; and the applicant has paid the fee payable under this regulation for the renewal of the licence. See section 212 for the conditions the chief executive may impose on the renewal of a dangerous goods vehicle licence.\n(sec.210-ssec.2) Without limiting subsection (1) (d) , if a vehicle is intended for use in the transport of dangerous goods in the form of a liquid or gas using a tank that will form part of the vehicle or be attached to it, the vehicle is suitable only if— the tank is an approved tank; and the vehicle complies with the requirements of chapters 4.4 and 6.1 of the ADG Code applying to vehicles for use in transporting dangerous goods in the form of a liquid or gas.\n(sec.210-ssec.3) However, the chief executive must not renew a dangerous goods vehicle licence if the applicant is subject to a court order, under section 160 of the Act , prohibiting the applicant from involvement in the transport of dangerous goods.\n(sec.210-ssec.4) The chief executive may issue a single dangerous goods vehicle licence for more than 1 vehicle.\n(sec.210-ssec.5) If the chief executive refuses to renew a dangerous goods vehicle licence, or renews a dangerous goods vehicle licence subject to conditions, the chief executive must inform the applicant by written notice of the decision.\n(sec.210-ssec.6) The notice must be or include an information notice.\n- (a) an application is made to the chief executive for the renewal of the licence; and\n- (b) the application complies with section 209 ; and\n- (c) the applicant has complied with a request made under section 207 in relation to the application; and\n- (d) the vehicle is suitable to transport each type of dangerous goods intended to be transported in or on the vehicle; and\n- (e) the applicant has paid the fee payable under this regulation for the renewal of the licence.\n- (a) the tank is an approved tank; and\n- (b) the vehicle complies with the requirements of chapters 4.4 and 6.1 of the ADG Code applying to vehicles for use in transporting dangerous goods in the form of a liquid or gas.","sortOrder":282},{"sectionNumber":"sec.211","sectionType":"section","heading":"Renewed licence periods","content":"### sec.211 Renewed licence periods\n\nIf the chief executive renews a dangerous goods vehicle licence—\nthe licence is renewed for a period of 12 months; and\nthe renewal period starts the day after the licence would otherwise expire.\ns 211 sub 2023 SL No. 24 s 30\n- (a) the licence is renewed for a period of 12 months; and\n- (b) the renewal period starts the day after the licence would otherwise expire.","sortOrder":283},{"sectionNumber":"sec.212","sectionType":"section","heading":"Licence conditions","content":"### sec.212 Licence conditions\n\nThe chief executive may grant or renew a dangerous goods vehicle licence subject to a condition mentioned in subsection (3) or (4) .\nA condition to which a dangerous goods vehicle licence is subject must be stated in the licence.\nA dangerous goods vehicle licence for a vehicle may be subject to a condition about—\nthe dangerous goods that may or may not be transported in or on the vehicle; and\nthe areas where the vehicle may or may not be used to transport dangerous goods or particular dangerous goods; and\nthe inspections of the vehicle that are required.\nA dangerous goods vehicle licence may be subject to any other condition necessary for the safe transport of dangerous goods.\n(sec.212-ssec.1) The chief executive may grant or renew a dangerous goods vehicle licence subject to a condition mentioned in subsection (3) or (4) .\n(sec.212-ssec.2) A condition to which a dangerous goods vehicle licence is subject must be stated in the licence.\n(sec.212-ssec.3) A dangerous goods vehicle licence for a vehicle may be subject to a condition about— the dangerous goods that may or may not be transported in or on the vehicle; and the areas where the vehicle may or may not be used to transport dangerous goods or particular dangerous goods; and the inspections of the vehicle that are required.\n(sec.212-ssec.4) A dangerous goods vehicle licence may be subject to any other condition necessary for the safe transport of dangerous goods.\n- (a) the dangerous goods that may or may not be transported in or on the vehicle; and\n- (b) the areas where the vehicle may or may not be used to transport dangerous goods or particular dangerous goods; and\n- (c) the inspections of the vehicle that are required.","sortOrder":284},{"sectionNumber":"sec.213","sectionType":"section","heading":"Disposal of licensed vehicles","content":"### sec.213 Disposal of licensed vehicles\n\nWithin 21 days after transferring possession or otherwise disposing of a licensed vehicle (the disposed vehicle ), the person who holds the dangerous goods vehicle licence for the vehicle must notify the chief executive of the disposal.\nMaximum penalty—7 1 / 2 penalty units.\nWithin 21 days after transferring possession or otherwise disposing of the disposed vehicle, the person who holds the dangerous goods vehicle licence for the vehicle must—\ndestroy the licence; and\nif asked by the chief executive, provide to the chief executive sufficient evidence to show the licence has been destroyed.\nMaximum penalty—6 1 / 2 penalty units.\nIf the dangerous goods vehicle licence for the disposed vehicle relates to another vehicle, on receipt of notification of disposal of the disposed vehicle under subsection (1) , the chief executive must—\namend the record of the licence in the register kept under section 225 (2) by omitting the reference to the disposed vehicle; and\nissue an amended licence that does not include a reference to the disposed vehicle to the holder of the licence.\nIn this section—\nlicensed vehicle means a vehicle for which a dangerous goods vehicle licence is in force.\n(sec.213-ssec.1) Within 21 days after transferring possession or otherwise disposing of a licensed vehicle (the disposed vehicle ), the person who holds the dangerous goods vehicle licence for the vehicle must notify the chief executive of the disposal. Maximum penalty—7 1 / 2 penalty units.\n(sec.213-ssec.2) Within 21 days after transferring possession or otherwise disposing of the disposed vehicle, the person who holds the dangerous goods vehicle licence for the vehicle must— destroy the licence; and if asked by the chief executive, provide to the chief executive sufficient evidence to show the licence has been destroyed. Maximum penalty—6 1 / 2 penalty units.\n(sec.213-ssec.3) If the dangerous goods vehicle licence for the disposed vehicle relates to another vehicle, on receipt of notification of disposal of the disposed vehicle under subsection (1) , the chief executive must— amend the record of the licence in the register kept under section 225 (2) by omitting the reference to the disposed vehicle; and issue an amended licence that does not include a reference to the disposed vehicle to the holder of the licence.\n(sec.213-ssec.4) In this section— licensed vehicle means a vehicle for which a dangerous goods vehicle licence is in force.\n- (a) destroy the licence; and\n- (b) if asked by the chief executive, provide to the chief executive sufficient evidence to show the licence has been destroyed.\n- (a) amend the record of the licence in the register kept under section 225 (2) by omitting the reference to the disposed vehicle; and\n- (b) issue an amended licence that does not include a reference to the disposed vehicle to the holder of the licence.","sortOrder":285},{"sectionNumber":"pt.18-div.5","sectionType":"division","heading":"Requirements about dangerous goods driver licences","content":"## Requirements about dangerous goods driver licences","sortOrder":286},{"sectionNumber":"sec.214","sectionType":"section","heading":"Driver authorising documents and conditions to be carried","content":"### sec.214 Driver authorising documents and conditions to be carried\n\nThe holder of a dangerous goods driver licence must carry a driver authorising document when driving a vehicle transporting—\ndangerous goods that are in a receptacle with a capacity of more than 500L; or\nmore than 500kg of dangerous goods in a receptacle.\nMaximum penalty—7 1 / 2 penalty units.\nIf the chief executive has imposed a condition on a dangerous goods driver licence, the holder must also carry a document evidencing the imposed condition if the imposed condition requires it.\nMaximum penalty—7 1 / 2 penalty units.\n(sec.214-ssec.1) The holder of a dangerous goods driver licence must carry a driver authorising document when driving a vehicle transporting— dangerous goods that are in a receptacle with a capacity of more than 500L; or more than 500kg of dangerous goods in a receptacle. Maximum penalty—7 1 / 2 penalty units.\n(sec.214-ssec.2) If the chief executive has imposed a condition on a dangerous goods driver licence, the holder must also carry a document evidencing the imposed condition if the imposed condition requires it. Maximum penalty—7 1 / 2 penalty units.\n- (a) dangerous goods that are in a receptacle with a capacity of more than 500L; or\n- (b) more than 500kg of dangerous goods in a receptacle.","sortOrder":287},{"sectionNumber":"sec.215","sectionType":"section","heading":"Damaging driver authorising documents","content":"### sec.215 Damaging driver authorising documents\n\nA person must not wilfully damage a driver authorising document.\nMaximum penalty—20 penalty units.","sortOrder":288},{"sectionNumber":"sec.216","sectionType":"section","heading":"Chief executive may direct superseded driver authorising documents to be destroyed","content":"### sec.216 Chief executive may direct superseded driver authorising documents to be destroyed\n\nThe chief executive may direct a person to destroy the person’s superseded driver authorising document.\nThe person must comply with the direction.\nMaximum penalty—20 penalty units.\nIn this section—\nsuperseded driver authorising document includes a superseded smartcard transport authority.\nSee the Transport Planning and Coordination Regulation 2017 , section 7 (5) for when an interim transport authority has effect as a smartcard transport authority.\n(sec.216-ssec.1) The chief executive may direct a person to destroy the person’s superseded driver authorising document.\n(sec.216-ssec.2) The person must comply with the direction. Maximum penalty—20 penalty units.\n(sec.216-ssec.3) In this section— superseded driver authorising document includes a superseded smartcard transport authority. See the Transport Planning and Coordination Regulation 2017 , section 7 (5) for when an interim transport authority has effect as a smartcard transport authority.","sortOrder":289},{"sectionNumber":"sec.217","sectionType":"section","heading":"Possessing another person’s driver authorising documents","content":"### sec.217 Possessing another person’s driver authorising documents\n\nA person must not possess another person’s driver authorising document, unless the person has a reasonable excuse.\nMaximum penalty—40 penalty units.\nA person must not give the person’s driver authorising document to another person if the person knows, or ought reasonably to know, the other person intends to use the document to deceive someone.\nMaximum penalty—40 penalty units.\nFor subsection (2) , it is irrelevant whether the person intended to be deceived is known or unknown, or exists or does not exist.\n(sec.217-ssec.1) A person must not possess another person’s driver authorising document, unless the person has a reasonable excuse. Maximum penalty—40 penalty units.\n(sec.217-ssec.2) A person must not give the person’s driver authorising document to another person if the person knows, or ought reasonably to know, the other person intends to use the document to deceive someone. Maximum penalty—40 penalty units.\n(sec.217-ssec.3) For subsection (2) , it is irrelevant whether the person intended to be deceived is known or unknown, or exists or does not exist.","sortOrder":290},{"sectionNumber":"sec.218","sectionType":"section","heading":"Documents purporting to be driver authorising documents","content":"### sec.218 Documents purporting to be driver authorising documents\n\nA person must not possess a document that resembles a driver authorising document and is calculated to deceive someone.\nMaximum penalty—40 penalty units.\nA person must not give another person a document that resembles a driver authorising document and is calculated to deceive someone.\nMaximum penalty—40 penalty units.\nFor subsections (1) and (2) , it is irrelevant whether the person intended to be deceived is known or unknown, or exists or does not exist.\n(sec.218-ssec.1) A person must not possess a document that resembles a driver authorising document and is calculated to deceive someone. Maximum penalty—40 penalty units.\n(sec.218-ssec.2) A person must not give another person a document that resembles a driver authorising document and is calculated to deceive someone. Maximum penalty—40 penalty units.\n(sec.218-ssec.3) For subsections (1) and (2) , it is irrelevant whether the person intended to be deceived is known or unknown, or exists or does not exist.","sortOrder":291},{"sectionNumber":"pt.18-div.6","sectionType":"division","heading":"Licences generally","content":"## Licences generally","sortOrder":292},{"sectionNumber":"sec.219","sectionType":"section","heading":"Definitions for division","content":"### sec.219 Definitions for division\n\nIn this division—\nlicence means a dangerous goods driver licence or dangerous goods vehicle licence.\nlicence document means—\na driver authorising document; or\na dangerous goods vehicle licence.\nlicensee means the holder of a licence.\n- (a) a driver authorising document; or\n- (b) a dangerous goods vehicle licence.","sortOrder":293},{"sectionNumber":"sec.220","sectionType":"section","heading":"Chief executive may require licence documents to be replaced","content":"### sec.220 Chief executive may require licence documents to be replaced\n\nThis section applies if—\na licensee’s licence is renewed; or\na licensee’s licence is amended under section 19 of the Act ; or\na period of suspension of a licensee’s licence ends or a suspension is withdrawn; or\ninformation stated on a licensee’s licence document is incorrect and the chief executive reasonably believes the error was caused by the chief executive; or\na licensee is granted another dangerous goods vehicle licence and the chief executive decides to issue the licensee a single dangerous goods vehicle licence under section 208 (4) .\nThe chief executive may, by written notice given to the licensee, ask the licensee to return the licensee’s licence document to the chief executive for replacement.\nIf subsection (1) (d) applies, the notice must include a statement identifying the information that is incorrect and the correct information.\nThe licensee must comply with the notice, unless the licensee has a reasonable excuse.\nMaximum penalty—20 penalty units.\nAfter receiving the licence document, the chief executive must give the licensee a replacement licence document.\nIf subsection (1) (d) applies, the replacement licence document must state the correct information.\ns 220 amd 2023 SL No. 24 s 31\n(sec.220-ssec.1) This section applies if— a licensee’s licence is renewed; or a licensee’s licence is amended under section 19 of the Act ; or a period of suspension of a licensee’s licence ends or a suspension is withdrawn; or information stated on a licensee’s licence document is incorrect and the chief executive reasonably believes the error was caused by the chief executive; or a licensee is granted another dangerous goods vehicle licence and the chief executive decides to issue the licensee a single dangerous goods vehicle licence under section 208 (4) .\n(sec.220-ssec.2) The chief executive may, by written notice given to the licensee, ask the licensee to return the licensee’s licence document to the chief executive for replacement.\n(sec.220-ssec.3) If subsection (1) (d) applies, the notice must include a statement identifying the information that is incorrect and the correct information.\n(sec.220-ssec.4) The licensee must comply with the notice, unless the licensee has a reasonable excuse. Maximum penalty—20 penalty units.\n(sec.220-ssec.5) After receiving the licence document, the chief executive must give the licensee a replacement licence document.\n(sec.220-ssec.6) If subsection (1) (d) applies, the replacement licence document must state the correct information.\n- (a) a licensee’s licence is renewed; or\n- (b) a licensee’s licence is amended under section 19 of the Act ; or\n- (c) a period of suspension of a licensee’s licence ends or a suspension is withdrawn; or\n- (d) information stated on a licensee’s licence document is incorrect and the chief executive reasonably believes the error was caused by the chief executive; or\n- (e) a licensee is granted another dangerous goods vehicle licence and the chief executive decides to issue the licensee a single dangerous goods vehicle licence under section 208 (4) .","sortOrder":294},{"sectionNumber":"sec.221","sectionType":"section","heading":"Applications by licensees for replacement licence documents","content":"### sec.221 Applications by licensees for replacement licence documents\n\nThis section applies if—\ninformation stated on a licence document is incorrect; or\nthe licensee becomes aware, or reasonably suspects, the licence document has been damaged, lost or stolen.\nSee also section 228 for notifying the chief executive if a licence document has been damaged, lost or stolen.\nThe licensee may apply to the chief executive for a replacement licence document.\nSee division 7 , subdivision 2 for requirements about the application.\nThe application must be accompanied by—\nthe licence document, unless it has been, or the licensee reasonably suspects it has been, damaged, lost or stolen; and\nif a fee is stated for the application under section 246 —the stated fee.\nAfter receiving the application, the chief executive must give the licensee a replacement licence document if the chief executive is satisfied—\nif subsection (1) (a) applies—the information on the licence document was incorrect; or\nif subsection (1) (b) applies—the licence document has been damaged, lost or stolen.\nIf the licence document that has been replaced (the original licence document ) comes into, or returns to, the licensee’s possession after a replacement licence document has been issued to the licensee, the licensee must destroy the original licence document.\nMaximum penalty—20 penalty units.\nThe chief executive may waive payment of the fee mentioned in subsection (3) (b) if—\nthe licence document being replaced was a smartcard dangerous goods driver licence; and\nthe chief executive is satisfied the licensee has not received the smartcard dangerous goods driver licence because it has been lost or stolen.\n(sec.221-ssec.1) This section applies if— information stated on a licence document is incorrect; or the licensee becomes aware, or reasonably suspects, the licence document has been damaged, lost or stolen. See also section 228 for notifying the chief executive if a licence document has been damaged, lost or stolen.\n(sec.221-ssec.2) The licensee may apply to the chief executive for a replacement licence document. See division 7 , subdivision 2 for requirements about the application.\n(sec.221-ssec.3) The application must be accompanied by— the licence document, unless it has been, or the licensee reasonably suspects it has been, damaged, lost or stolen; and if a fee is stated for the application under section 246 —the stated fee.\n(sec.221-ssec.4) After receiving the application, the chief executive must give the licensee a replacement licence document if the chief executive is satisfied— if subsection (1) (a) applies—the information on the licence document was incorrect; or if subsection (1) (b) applies—the licence document has been damaged, lost or stolen.\n(sec.221-ssec.5) If the licence document that has been replaced (the original licence document ) comes into, or returns to, the licensee’s possession after a replacement licence document has been issued to the licensee, the licensee must destroy the original licence document. Maximum penalty—20 penalty units.\n(sec.221-ssec.6) The chief executive may waive payment of the fee mentioned in subsection (3) (b) if— the licence document being replaced was a smartcard dangerous goods driver licence; and the chief executive is satisfied the licensee has not received the smartcard dangerous goods driver licence because it has been lost or stolen.\n- (a) information stated on a licence document is incorrect; or\n- (b) the licensee becomes aware, or reasonably suspects, the licence document has been damaged, lost or stolen. Note— See also section 228 for notifying the chief executive if a licence document has been damaged, lost or stolen.\n- (a) the licence document, unless it has been, or the licensee reasonably suspects it has been, damaged, lost or stolen; and\n- (b) if a fee is stated for the application under section 246 —the stated fee.\n- (a) if subsection (1) (a) applies—the information on the licence document was incorrect; or\n- (b) if subsection (1) (b) applies—the licence document has been damaged, lost or stolen.\n- (a) the licence document being replaced was a smartcard dangerous goods driver licence; and\n- (b) the chief executive is satisfied the licensee has not received the smartcard dangerous goods driver licence because it has been lost or stolen.","sortOrder":295},{"sectionNumber":"sec.222","sectionType":"section","heading":"Upgrading to smartcard dangerous goods driver licences","content":"### sec.222 Upgrading to smartcard dangerous goods driver licences\n\nThis section applies to the holder of a driver authorising document that is not a smartcard dangerous goods driver licence.\nThe holder may apply to the chief executive to replace the driver authorising document with a smartcard dangerous goods driver licence.\nSee division 7 , subdivision 2 for requirements about the application.\nThe chief executive may replace the driver authorising document with a smartcard dangerous goods driver licence for the same period as the unexpired portion of the superseded dangerous goods driver licence.\n(sec.222-ssec.1) This section applies to the holder of a driver authorising document that is not a smartcard dangerous goods driver licence.\n(sec.222-ssec.2) The holder may apply to the chief executive to replace the driver authorising document with a smartcard dangerous goods driver licence. See division 7 , subdivision 2 for requirements about the application.\n(sec.222-ssec.3) The chief executive may replace the driver authorising document with a smartcard dangerous goods driver licence for the same period as the unexpired portion of the superseded dangerous goods driver licence.","sortOrder":296},{"sectionNumber":"sec.223","sectionType":"section","heading":"Failure to comply with licence conditions","content":"### sec.223 Failure to comply with licence conditions\n\nA licensee must not contravene a condition of the licensee’s licence.\nMaximum penalty—40 penalty units.","sortOrder":297},{"sectionNumber":"sec.224","sectionType":"section","heading":"Voluntary surrender of licences","content":"### sec.224 Voluntary surrender of licences\n\nA licensee may surrender a licensee’s licence by giving the chief executive a notice of surrender.\nSee division 7 , subdivision 3 for requirements about the notice.\nTo be effective, the notice of surrender must be accompanied by—\nfor the surrender of a dangerous goods driver licence—the driver authorising document; or\nfor the surrender of a dangerous goods vehicle licence—the dangerous goods vehicle licence;\nunless the licensee has a reasonable excuse for not returning it.\nSubject to subsection (2) , the surrender of the licence takes effect on the day the notice is given to the chief executive.\n(sec.224-ssec.1) A licensee may surrender a licensee’s licence by giving the chief executive a notice of surrender. See division 7 , subdivision 3 for requirements about the notice.\n(sec.224-ssec.2) To be effective, the notice of surrender must be accompanied by— for the surrender of a dangerous goods driver licence—the driver authorising document; or for the surrender of a dangerous goods vehicle licence—the dangerous goods vehicle licence; unless the licensee has a reasonable excuse for not returning it.\n(sec.224-ssec.3) Subject to subsection (2) , the surrender of the licence takes effect on the day the notice is given to the chief executive.\n- (a) for the surrender of a dangerous goods driver licence—the driver authorising document; or\n- (b) for the surrender of a dangerous goods vehicle licence—the dangerous goods vehicle licence;","sortOrder":298},{"sectionNumber":"sec.225","sectionType":"section","heading":"Registers of licences","content":"### sec.225 Registers of licences\n\nThe chief executive must keep a register of dangerous goods driver licences.\nThe chief executive must keep a register of dangerous goods vehicle licences.\nA register under subsection (1) or (2) may have separate divisions for different kinds of licences to which it applies.\nThe chief executive must record each licence granted under this regulation in the relevant register.\nThe chief executive must note in the relevant register the amendment, suspension, cancellation or surrender of a licence.\n(sec.225-ssec.1) The chief executive must keep a register of dangerous goods driver licences.\n(sec.225-ssec.2) The chief executive must keep a register of dangerous goods vehicle licences.\n(sec.225-ssec.3) A register under subsection (1) or (2) may have separate divisions for different kinds of licences to which it applies.\n(sec.225-ssec.4) The chief executive must record each licence granted under this regulation in the relevant register.\n(sec.225-ssec.5) The chief executive must note in the relevant register the amendment, suspension, cancellation or surrender of a licence.","sortOrder":299},{"sectionNumber":"sec.226","sectionType":"section","heading":"Records of licences","content":"### sec.226 Records of licences\n\nThe record of a licence in a register must include the following information—\nthe name of the licensee;\nthe day the licence was granted or renewed;\neither—\nthe period for which the licence was granted or renewed; or\nthe expiry date of the licence;\nfor a dangerous goods driver licence—the licensee’s date of birth;\nfor a dangerous goods vehicle licence—the registration number, make and type of each vehicle to which the licence relates;\nthe classes of dangerous goods for which the licence is valid;\nany other condition to which the licence is subject.\n- (a) the name of the licensee;\n- (b) the day the licence was granted or renewed;\n- (c) either— (i) the period for which the licence was granted or renewed; or (ii) the expiry date of the licence;\n- (i) the period for which the licence was granted or renewed; or\n- (ii) the expiry date of the licence;\n- (d) for a dangerous goods driver licence—the licensee’s date of birth;\n- (e) for a dangerous goods vehicle licence—the registration number, make and type of each vehicle to which the licence relates;\n- (f) the classes of dangerous goods for which the licence is valid;\n- (g) any other condition to which the licence is subject.\n- (i) the period for which the licence was granted or renewed; or\n- (ii) the expiry date of the licence;","sortOrder":300},{"sectionNumber":"sec.227","sectionType":"section","heading":"Change of information given in licence applications","content":"### sec.227 Change of information given in licence applications\n\nThis section applies if a licensee becomes aware that information given by the licensee to the chief executive in, or in relation to, an application for the grant or renewal of a licence is or has become incorrect in a material respect.\nWithin 14 days after becoming aware of the matter, the licensee must inform the chief executive about the matter and give the correct information to the chief executive.\nMaximum penalty—20 penalty units.\n(sec.227-ssec.1) This section applies if a licensee becomes aware that information given by the licensee to the chief executive in, or in relation to, an application for the grant or renewal of a licence is or has become incorrect in a material respect.\n(sec.227-ssec.2) Within 14 days after becoming aware of the matter, the licensee must inform the chief executive about the matter and give the correct information to the chief executive. Maximum penalty—20 penalty units.","sortOrder":301},{"sectionNumber":"sec.228","sectionType":"section","heading":"Notifying chief executive if licence documents damaged, lost or stolen","content":"### sec.228 Notifying chief executive if licence documents damaged, lost or stolen\n\nThis section applies if a licensee becomes aware, or reasonably suspects, the licensee’s licence document has been damaged, lost or stolen.\nThe licensee must give the chief executive notice of the damage, loss or theft as soon as practicable after becoming aware of, or suspecting, it.\nMaximum penalty—20 penalty units.\nSee division 7 , subdivision 3 for requirements about the notice.\nDespite subsection (2) , the notice is sufficiently given if an application for a replacement licence document is made under section 221 .\n(sec.228-ssec.1) This section applies if a licensee becomes aware, or reasonably suspects, the licensee’s licence document has been damaged, lost or stolen.\n(sec.228-ssec.2) The licensee must give the chief executive notice of the damage, loss or theft as soon as practicable after becoming aware of, or suspecting, it. Maximum penalty—20 penalty units. See division 7 , subdivision 3 for requirements about the notice.\n(sec.228-ssec.3) Despite subsection (2) , the notice is sufficiently given if an application for a replacement licence document is made under section 221 .","sortOrder":302},{"sectionNumber":"sec.229","sectionType":"section","heading":"Change of name, address or postal address","content":"### sec.229 Change of name, address or postal address\n\nThis section applies if a licensee changes any of the following—\nthe licensee’s name or address;\nif there is a current postal address for the licensee—the postal address.\nThe licensee must, within 14 days after the change, give the chief executive notice of the change.\nMaximum penalty—20 penalty units.\nSee division 7 , subdivision 3 for requirements about the notice.\nIf the chief executive is satisfied the information given by the licensee is correct, the chief executive must—\nfor a change of name—give the licensee a replacement licence or driver authorising document that records the change of name; or\nfor a change of address—\ngive the person a replacement licence or driver authorising document that records the change of address; or\nif the change of address relates to a dangerous goods driver licence—give the person a change of address label.\nIf a change of address label is damaged, lost or stolen, the licensee must promptly ask the chief executive for a replacement label.\nMaximum penalty—20 penalty units.\nOn receipt of a change of address label or a replacement label, the licensee must promptly attach the label to the back of the driver authorising document in the space provided for a change of address label.\nMaximum penalty—20 penalty units.\n(sec.229-ssec.1) This section applies if a licensee changes any of the following— the licensee’s name or address; if there is a current postal address for the licensee—the postal address.\n(sec.229-ssec.2) The licensee must, within 14 days after the change, give the chief executive notice of the change. Maximum penalty—20 penalty units. See division 7 , subdivision 3 for requirements about the notice.\n(sec.229-ssec.3) If the chief executive is satisfied the information given by the licensee is correct, the chief executive must— for a change of name—give the licensee a replacement licence or driver authorising document that records the change of name; or for a change of address— give the person a replacement licence or driver authorising document that records the change of address; or if the change of address relates to a dangerous goods driver licence—give the person a change of address label.\n(sec.229-ssec.4) If a change of address label is damaged, lost or stolen, the licensee must promptly ask the chief executive for a replacement label. Maximum penalty—20 penalty units.\n(sec.229-ssec.5) On receipt of a change of address label or a replacement label, the licensee must promptly attach the label to the back of the driver authorising document in the space provided for a change of address label. Maximum penalty—20 penalty units.\n- (a) the licensee’s name or address;\n- (b) if there is a current postal address for the licensee—the postal address.\n- (a) for a change of name—give the licensee a replacement licence or driver authorising document that records the change of name; or\n- (b) for a change of address— (i) give the person a replacement licence or driver authorising document that records the change of address; or (ii) if the change of address relates to a dangerous goods driver licence—give the person a change of address label.\n- (i) give the person a replacement licence or driver authorising document that records the change of address; or\n- (ii) if the change of address relates to a dangerous goods driver licence—give the person a change of address label.\n- (i) give the person a replacement licence or driver authorising document that records the change of address; or\n- (ii) if the change of address relates to a dangerous goods driver licence—give the person a change of address label.","sortOrder":303},{"sectionNumber":"sec.230","sectionType":"section","heading":"Notifiable events under other Acts","content":"### sec.230 Notifiable events under other Acts\n\nThis section applies if a licensee—\nhas an obligation under the Act to notify the chief executive of a notifiable event; and\nhas an obligation under a prescribed smartcard Act to notify the chief executive, or the general manager under the Maritime Safety Queensland Act 2002 , of the same notifiable event; and\ncomplies with the obligation under the prescribed smartcard Act.\nThe obligation under the Act to notify the chief executive of the notifiable event is taken to have been satisfied if, at the time the notification is given under the prescribed smartcard Act, any time allowed to make the notification under the Act has not expired.\nIn this section—\nnotifiable event , for a licensee, means any of the following—\na change of the licensee’s name;\na change of the licensee’s address;\nif there is a current postal address for the licensee—a change of the postal address;\nthe damage, loss or theft of a licence or driver authorising document.\nprescribed smartcard Act means any of the following Acts—\nthe Photo Identification Card Act 2008 ;\nthe Tow Truck Act 2023 ;\nthe Transport Operations (Marine Safety) Act 1994 ;\nthe Transport Operations (Passenger Transport) Act 1994 .\ns 230 amd 2019 SL No. 29 s 16 ; 2024 SL No. 134 s 142\n(sec.230-ssec.1) This section applies if a licensee— has an obligation under the Act to notify the chief executive of a notifiable event; and has an obligation under a prescribed smartcard Act to notify the chief executive, or the general manager under the Maritime Safety Queensland Act 2002 , of the same notifiable event; and complies with the obligation under the prescribed smartcard Act.\n(sec.230-ssec.2) The obligation under the Act to notify the chief executive of the notifiable event is taken to have been satisfied if, at the time the notification is given under the prescribed smartcard Act, any time allowed to make the notification under the Act has not expired.\n(sec.230-ssec.3) In this section— notifiable event , for a licensee, means any of the following— a change of the licensee’s name; a change of the licensee’s address; if there is a current postal address for the licensee—a change of the postal address; the damage, loss or theft of a licence or driver authorising document. prescribed smartcard Act means any of the following Acts— the Photo Identification Card Act 2008 ; the Tow Truck Act 2023 ; the Transport Operations (Marine Safety) Act 1994 ; the Transport Operations (Passenger Transport) Act 1994 .\n- (a) has an obligation under the Act to notify the chief executive of a notifiable event; and\n- (b) has an obligation under a prescribed smartcard Act to notify the chief executive, or the general manager under the Maritime Safety Queensland Act 2002 , of the same notifiable event; and\n- (c) complies with the obligation under the prescribed smartcard Act.\n- (a) a change of the licensee’s name;\n- (b) a change of the licensee’s address;\n- (c) if there is a current postal address for the licensee—a change of the postal address;\n- (d) the damage, loss or theft of a licence or driver authorising document.\n- (a) the Photo Identification Card Act 2008 ;\n- (b) the Tow Truck Act 2023 ;\n- (c) the Transport Operations (Marine Safety) Act 1994 ;\n- (d) the Transport Operations (Passenger Transport) Act 1994 .","sortOrder":304},{"sectionNumber":"sec.231","sectionType":"section","heading":"Production of licences to chief executive","content":"### sec.231 Production of licences to chief executive\n\nThe chief executive may, by written notice given to a licensee, require the licensee to produce the licence or driver authorising document to the chief executive.\nThe person must produce the licence or driver authorising document to the chief executive within 14 days after the day the notice is given.\nMaximum penalty—7 1 / 2 penalty units.\n(sec.231-ssec.1) The chief executive may, by written notice given to a licensee, require the licensee to produce the licence or driver authorising document to the chief executive.\n(sec.231-ssec.2) The person must produce the licence or driver authorising document to the chief executive within 14 days after the day the notice is given. Maximum penalty—7 1 / 2 penalty units.","sortOrder":305},{"sectionNumber":"sec.232","sectionType":"section","heading":"Seizure of licences and documents","content":"### sec.232 Seizure of licences and documents\n\nAn authorised officer to whom a licence or driver authorising document is produced for inspection may seize the licence or driver authorising document if the officer reasonably believes—\nthe licence has been suspended or cancelled; or\nthe licence has ended; or\nthe licence has been amended and the amendment is not recorded on the licence or driver authorising document; or\nthe person who produces the licence or driver authorising document is not the licensee.\nSee section 49 of the Act for when an authorised officer may require a person to produce particular documents for inspection.\nAn authorised officer to whom a document that purports to be a licence or driver authorising document is produced for inspection may seize the document if the officer reasonably believes the document is not genuine.\n(sec.232-ssec.1) An authorised officer to whom a licence or driver authorising document is produced for inspection may seize the licence or driver authorising document if the officer reasonably believes— the licence has been suspended or cancelled; or the licence has ended; or the licence has been amended and the amendment is not recorded on the licence or driver authorising document; or the person who produces the licence or driver authorising document is not the licensee. See section 49 of the Act for when an authorised officer may require a person to produce particular documents for inspection.\n(sec.232-ssec.2) An authorised officer to whom a document that purports to be a licence or driver authorising document is produced for inspection may seize the document if the officer reasonably believes the document is not genuine.\n- (a) the licence has been suspended or cancelled; or\n- (b) the licence has ended; or\n- (c) the licence has been amended and the amendment is not recorded on the licence or driver authorising document; or\n- (d) the person who produces the licence or driver authorising document is not the licensee.","sortOrder":306},{"sectionNumber":"sec.233","sectionType":"section","heading":"Return of licences","content":"### sec.233 Return of licences\n\nThis section applies if, after seizing a licence or driver authorising document under section 232 , an authorised officer finds—\nthe licence is not suspended, has not been cancelled, and has not ended; or\nthe licence has been suspended, the suspension has ended and a replacement licence or driver authorising document has not been issued; or\nthe licence has been amended, the amendment is recorded on the licence or driver authorising document and a replacement licence or driver authorising document has not been issued; or\nfor a licence or driver authorising document seized under section 232 (1) (d) —the person who produced the licence or driver authorising document is the licensee.\nAn authorised officer must return the licence or driver authorising document to the licensee.\nHowever, if the licence period has ended, the authorised officer is not required to return the licence or driver authorising document to the licensee.\n(sec.233-ssec.1) This section applies if, after seizing a licence or driver authorising document under section 232 , an authorised officer finds— the licence is not suspended, has not been cancelled, and has not ended; or the licence has been suspended, the suspension has ended and a replacement licence or driver authorising document has not been issued; or the licence has been amended, the amendment is recorded on the licence or driver authorising document and a replacement licence or driver authorising document has not been issued; or for a licence or driver authorising document seized under section 232 (1) (d) —the person who produced the licence or driver authorising document is the licensee.\n(sec.233-ssec.2) An authorised officer must return the licence or driver authorising document to the licensee.\n(sec.233-ssec.3) However, if the licence period has ended, the authorised officer is not required to return the licence or driver authorising document to the licensee.\n- (a) the licence is not suspended, has not been cancelled, and has not ended; or\n- (b) the licence has been suspended, the suspension has ended and a replacement licence or driver authorising document has not been issued; or\n- (c) the licence has been amended, the amendment is recorded on the licence or driver authorising document and a replacement licence or driver authorising document has not been issued; or\n- (d) for a licence or driver authorising document seized under section 232 (1) (d) —the person who produced the licence or driver authorising document is the licensee.","sortOrder":307},{"sectionNumber":"pt.18-div.7","sectionType":"division","heading":"Applications, customer communications and other matters","content":"## Applications, customer communications and other matters","sortOrder":308},{"sectionNumber":"sec.234","sectionType":"section","heading":"Definitions for division","content":"### sec.234 Definitions for division\n\nIn this division—\napplication means an application required or permitted to be made under this part.\ncustomer communication means a notice, however described, required to be given by a person to the chief executive under this part.\ndecision-maker , for an application, means the office holder (however described) whose function it is, under this regulation, to decide the application.\ninformation includes a document.","sortOrder":309},{"sectionNumber":"sec.235","sectionType":"section","heading":"Chief executive may publish a notice about applications","content":"### sec.235 Chief executive may publish a notice about applications\n\nThe chief executive may, by publishing a notice on the department’s website—\napprove a way in which a stated type of application may be made; or\norally, by electronic communication or by another form of communication\nrequire stated information to be given in or with a stated type of application.\nA notice under subsection (1) (a) may include requirements for making an application in the approved way.\nA notice under subsection (1) (b) may only require information that is reasonably necessary for—\nenabling the decision-maker to decide the application; or\nanother purpose related to the application or the thing being applied for.\nRequired information may not include—\nirrelevant personal information; or\nrelevant personal information if the provision of the information would be excessively intrusive to personal privacy.\nSubsection (1) applies whether or not there is an approved form for making the application.\n(sec.235-ssec.1) The chief executive may, by publishing a notice on the department’s website— approve a way in which a stated type of application may be made; or orally, by electronic communication or by another form of communication require stated information to be given in or with a stated type of application.\n(sec.235-ssec.2) A notice under subsection (1) (a) may include requirements for making an application in the approved way.\n(sec.235-ssec.3) A notice under subsection (1) (b) may only require information that is reasonably necessary for— enabling the decision-maker to decide the application; or another purpose related to the application or the thing being applied for. Required information may not include— irrelevant personal information; or relevant personal information if the provision of the information would be excessively intrusive to personal privacy.\n(sec.235-ssec.4) Subsection (1) applies whether or not there is an approved form for making the application.\n- (a) approve a way in which a stated type of application may be made; or Examples of ways— orally, by electronic communication or by another form of communication\n- (b) require stated information to be given in or with a stated type of application.\n- (a) enabling the decision-maker to decide the application; or\n- (b) another purpose related to the application or the thing being applied for.\n- (a) irrelevant personal information; or\n- (b) relevant personal information if the provision of the information would be excessively intrusive to personal privacy.","sortOrder":310},{"sectionNumber":"sec.236","sectionType":"section","heading":"How applications must be made","content":"### sec.236 How applications must be made\n\nAn application must be made in any of the following ways—\nin the approved form for the application;\nin the way approved under section 235 (1) (a) for making the application;\nif there is no approved form and no approved way for making the application—in writing.\nAn application must include the information required under section 235 (1) (b) .\nSubsection (2) does not limit another provision of this regulation that requires an application to include, or be accompanied by, particular information.\n(sec.236-ssec.1) An application must be made in any of the following ways— in the approved form for the application; in the way approved under section 235 (1) (a) for making the application; if there is no approved form and no approved way for making the application—in writing.\n(sec.236-ssec.2) An application must include the information required under section 235 (1) (b) .\n(sec.236-ssec.3) Subsection (2) does not limit another provision of this regulation that requires an application to include, or be accompanied by, particular information.\n- (a) in the approved form for the application;\n- (b) in the way approved under section 235 (1) (a) for making the application;\n- (c) if there is no approved form and no approved way for making the application—in writing.","sortOrder":311},{"sectionNumber":"sec.237","sectionType":"section","heading":"Decision-maker may request further information","content":"### sec.237 Decision-maker may request further information\n\nThe decision-maker may, by written notice given to the applicant, ask the applicant to give to the decision-maker the additional information reasonably necessary to decide the application.\nThe notice—\nmust state—\nthe information required; and\nthe time, no earlier than 28 days after the notice is given, by which the information must be given; and\nthat, if the applicant does not comply with the notice, the decision-maker may cancel the application; and\nmay state a way in which the information must be given.\nIf the notice does not state a way in which the information must be given, the applicant must give the information in writing.\nIf the applicant does not comply with the notice, the decision-maker may give the applicant a further written notice cancelling the application.\nA notice cancelling the application has effect on the day it is given to the applicant or a later day stated in it.\n(sec.237-ssec.1) The decision-maker may, by written notice given to the applicant, ask the applicant to give to the decision-maker the additional information reasonably necessary to decide the application.\n(sec.237-ssec.2) The notice— must state— the information required; and the time, no earlier than 28 days after the notice is given, by which the information must be given; and that, if the applicant does not comply with the notice, the decision-maker may cancel the application; and may state a way in which the information must be given.\n(sec.237-ssec.3) If the notice does not state a way in which the information must be given, the applicant must give the information in writing.\n(sec.237-ssec.4) If the applicant does not comply with the notice, the decision-maker may give the applicant a further written notice cancelling the application.\n(sec.237-ssec.5) A notice cancelling the application has effect on the day it is given to the applicant or a later day stated in it.\n- (a) must state— (i) the information required; and (ii) the time, no earlier than 28 days after the notice is given, by which the information must be given; and (iii) that, if the applicant does not comply with the notice, the decision-maker may cancel the application; and\n- (i) the information required; and\n- (ii) the time, no earlier than 28 days after the notice is given, by which the information must be given; and\n- (iii) that, if the applicant does not comply with the notice, the decision-maker may cancel the application; and\n- (b) may state a way in which the information must be given.\n- (i) the information required; and\n- (ii) the time, no earlier than 28 days after the notice is given, by which the information must be given; and\n- (iii) that, if the applicant does not comply with the notice, the decision-maker may cancel the application; and","sortOrder":312},{"sectionNumber":"sec.238","sectionType":"section","heading":"Chief executive may publish a notice about particular customer communications","content":"### sec.238 Chief executive may publish a notice about particular customer communications\n\nThe chief executive may, by publishing a notice on the department’s website—\napprove a way in which a stated customer communication may be given; or\norally, by electronic communication or by another form of communication\nrequire stated information to be given in or with a stated customer communication.\nThe notice may include requirements for giving or making a customer communication in the approved way.\nSubsection (1) applies whether or not there is an approved form for the giving or making of the customer communication.\n(sec.238-ssec.1) The chief executive may, by publishing a notice on the department’s website— approve a way in which a stated customer communication may be given; or orally, by electronic communication or by another form of communication require stated information to be given in or with a stated customer communication.\n(sec.238-ssec.2) The notice may include requirements for giving or making a customer communication in the approved way.\n(sec.238-ssec.3) Subsection (1) applies whether or not there is an approved form for the giving or making of the customer communication.\n- (a) approve a way in which a stated customer communication may be given; or Examples— orally, by electronic communication or by another form of communication\n- (b) require stated information to be given in or with a stated customer communication.","sortOrder":313},{"sectionNumber":"sec.239","sectionType":"section","heading":"How customer communications must be given or made","content":"### sec.239 How customer communications must be given or made\n\nA customer communication must be given or made in any of the following ways—\nin the approved form for the customer communication;\nin the way approved under section 238 (1) (a) for giving or making the customer communication; or\nif there is no approved form and no approved way for giving or making the customer communication—in writing.\nA customer communication must include, or be accompanied by, any information required under section 238 (1) (b) .\nSubsection (2) does not limit another provision of this regulation that requires a customer communication to include, or be accompanied by, particular information.\n(sec.239-ssec.1) A customer communication must be given or made in any of the following ways— in the approved form for the customer communication; in the way approved under section 238 (1) (a) for giving or making the customer communication; or if there is no approved form and no approved way for giving or making the customer communication—in writing.\n(sec.239-ssec.2) A customer communication must include, or be accompanied by, any information required under section 238 (1) (b) .\n(sec.239-ssec.3) Subsection (2) does not limit another provision of this regulation that requires a customer communication to include, or be accompanied by, particular information.\n- (a) in the approved form for the customer communication;\n- (b) in the way approved under section 238 (1) (a) for giving or making the customer communication; or\n- (c) if there is no approved form and no approved way for giving or making the customer communication—in writing.","sortOrder":314},{"sectionNumber":"sec.240","sectionType":"section","heading":"Electronic issuing of driver authorising documents","content":"### sec.240 Electronic issuing of driver authorising documents\n\nThis section applies if—\nan application is made under this part by electronic communication; and\nas a result of deciding the application, the decision-maker must, under this part, issue a driver authorising document to the applicant.\nThis section also applies if, under section 229 —\na licensee gives a notice to the chief executive by electronic communication; and\nthe chief executive must issue a driver authorising document to the licensee.\nThe driver authorising document must be electronically issued.\nHowever, subsection (3) does not apply if the driver authorising document is a smartcard dangerous goods driver licence.\n(sec.240-ssec.1) This section applies if— an application is made under this part by electronic communication; and as a result of deciding the application, the decision-maker must, under this part, issue a driver authorising document to the applicant.\n(sec.240-ssec.2) This section also applies if, under section 229 — a licensee gives a notice to the chief executive by electronic communication; and the chief executive must issue a driver authorising document to the licensee.\n(sec.240-ssec.3) The driver authorising document must be electronically issued.\n(sec.240-ssec.4) However, subsection (3) does not apply if the driver authorising document is a smartcard dangerous goods driver licence.\n- (a) an application is made under this part by electronic communication; and\n- (b) as a result of deciding the application, the decision-maker must, under this part, issue a driver authorising document to the applicant.\n- (a) a licensee gives a notice to the chief executive by electronic communication; and\n- (b) the chief executive must issue a driver authorising document to the licensee.","sortOrder":315},{"sectionNumber":"pt.19","sectionType":"part","heading":"Review of decisions","content":"# Review of decisions","sortOrder":316},{"sectionNumber":"sec.241","sectionType":"section","heading":"Internal and external review of decisions","content":"### sec.241 Internal and external review of decisions\n\nSections 65 and 65A of the Act apply to a schedule 1 decision as if a reference to an original decision in the sections were a reference to the schedule 1 decision.\nIn this section—\nschedule 1 decision means a decision mentioned in schedule 1 .\n(sec.241-ssec.1) Sections 65 and 65A of the Act apply to a schedule 1 decision as if a reference to an original decision in the sections were a reference to the schedule 1 decision.\n(sec.241-ssec.2) In this section— schedule 1 decision means a decision mentioned in schedule 1 .","sortOrder":317},{"sectionNumber":"pt.20","sectionType":"part","heading":"Insurance","content":"# Insurance","sortOrder":318},{"sectionNumber":"sec.242","sectionType":"section","heading":"Duty of owners","content":"### sec.242 Duty of owners\n\nThe owner of a vehicle must not use the vehicle, or permit it to be used, to transport a placard load if—\nthe use of the vehicle is not covered by a policy of insurance or other form of indemnity, for a sum of at least $5,000,000, for—\npersonal injury, death, property damage and other damage (other than consequential economic loss) arising out of fire, explosion, leakage or spillage of dangerous goods in, on or from the vehicle or packaging transported in or on the vehicle; and\ncosts incurred by or for a Commonwealth or State authority in a clean-up resulting from a fire, explosion, leakage or spillage of dangerous goods in, on or from the vehicle or packaging transported in or on the vehicle; or\nthe owner does not have an approval under section 245  for the use of the vehicle or is not complying with the conditions of the approval.\nMaximum penalty—60 penalty units.\nEach load bearing vehicle, whether or not a motor vehicle and whether or not it is being used in combination with another vehicle, is a vehicle for subsection (1) .\nFor subsection (1) , each vehicle in a combination may be insured under a policy that applies to the combination as a whole.\n(sec.242-ssec.1) The owner of a vehicle must not use the vehicle, or permit it to be used, to transport a placard load if— the use of the vehicle is not covered by a policy of insurance or other form of indemnity, for a sum of at least $5,000,000, for— personal injury, death, property damage and other damage (other than consequential economic loss) arising out of fire, explosion, leakage or spillage of dangerous goods in, on or from the vehicle or packaging transported in or on the vehicle; and costs incurred by or for a Commonwealth or State authority in a clean-up resulting from a fire, explosion, leakage or spillage of dangerous goods in, on or from the vehicle or packaging transported in or on the vehicle; or the owner does not have an approval under section 245  for the use of the vehicle or is not complying with the conditions of the approval. Maximum penalty—60 penalty units.\n(sec.242-ssec.2) Each load bearing vehicle, whether or not a motor vehicle and whether or not it is being used in combination with another vehicle, is a vehicle for subsection (1) .\n(sec.242-ssec.3) For subsection (1) , each vehicle in a combination may be insured under a policy that applies to the combination as a whole.\n- (a) the use of the vehicle is not covered by a policy of insurance or other form of indemnity, for a sum of at least $5,000,000, for— (i) personal injury, death, property damage and other damage (other than consequential economic loss) arising out of fire, explosion, leakage or spillage of dangerous goods in, on or from the vehicle or packaging transported in or on the vehicle; and (ii) costs incurred by or for a Commonwealth or State authority in a clean-up resulting from a fire, explosion, leakage or spillage of dangerous goods in, on or from the vehicle or packaging transported in or on the vehicle; or\n- (i) personal injury, death, property damage and other damage (other than consequential economic loss) arising out of fire, explosion, leakage or spillage of dangerous goods in, on or from the vehicle or packaging transported in or on the vehicle; and\n- (ii) costs incurred by or for a Commonwealth or State authority in a clean-up resulting from a fire, explosion, leakage or spillage of dangerous goods in, on or from the vehicle or packaging transported in or on the vehicle; or\n- (b) the owner does not have an approval under section 245  for the use of the vehicle or is not complying with the conditions of the approval.\n- (i) personal injury, death, property damage and other damage (other than consequential economic loss) arising out of fire, explosion, leakage or spillage of dangerous goods in, on or from the vehicle or packaging transported in or on the vehicle; and\n- (ii) costs incurred by or for a Commonwealth or State authority in a clean-up resulting from a fire, explosion, leakage or spillage of dangerous goods in, on or from the vehicle or packaging transported in or on the vehicle; or","sortOrder":319},{"sectionNumber":"sec.243","sectionType":"section","heading":"Duty of prime contractors","content":"### sec.243 Duty of prime contractors\n\nA prime contractor must not use a vehicle to transport a placard load if—\nthe use of the vehicle is not covered by a policy of insurance or other form of indemnity, for a sum of at least $5,000,000, for—\npersonal injury, death, property damage and other damage (other than consequential economic loss) arising out of fire, explosion, leakage or spillage of dangerous goods in, on or from the vehicle or packaging transported in or on the vehicle; and\ncosts incurred by or for a Commonwealth or State government authority in a clean-up resulting from a fire, explosion, leakage or spillage in, on or from the vehicle or packaging transported in or on the vehicle; or\nthe prime contractor does not have an approval under section 245  for the use of the vehicle or is not complying with the conditions of the approval.\nMaximum penalty—60 penalty units.\nEach load bearing vehicle, whether or not a motor vehicle and whether or not it is being used in combination with another vehicle, is a vehicle for subsection (1) .\nFor subsection (1) , each vehicle in a combination may be insured under a policy that applies to the combination as a whole.\n(sec.243-ssec.1) A prime contractor must not use a vehicle to transport a placard load if— the use of the vehicle is not covered by a policy of insurance or other form of indemnity, for a sum of at least $5,000,000, for— personal injury, death, property damage and other damage (other than consequential economic loss) arising out of fire, explosion, leakage or spillage of dangerous goods in, on or from the vehicle or packaging transported in or on the vehicle; and costs incurred by or for a Commonwealth or State government authority in a clean-up resulting from a fire, explosion, leakage or spillage in, on or from the vehicle or packaging transported in or on the vehicle; or the prime contractor does not have an approval under section 245  for the use of the vehicle or is not complying with the conditions of the approval. Maximum penalty—60 penalty units.\n(sec.243-ssec.2) Each load bearing vehicle, whether or not a motor vehicle and whether or not it is being used in combination with another vehicle, is a vehicle for subsection (1) .\n(sec.243-ssec.3) For subsection (1) , each vehicle in a combination may be insured under a policy that applies to the combination as a whole.\n- (a) the use of the vehicle is not covered by a policy of insurance or other form of indemnity, for a sum of at least $5,000,000, for— (i) personal injury, death, property damage and other damage (other than consequential economic loss) arising out of fire, explosion, leakage or spillage of dangerous goods in, on or from the vehicle or packaging transported in or on the vehicle; and (ii) costs incurred by or for a Commonwealth or State government authority in a clean-up resulting from a fire, explosion, leakage or spillage in, on or from the vehicle or packaging transported in or on the vehicle; or\n- (i) personal injury, death, property damage and other damage (other than consequential economic loss) arising out of fire, explosion, leakage or spillage of dangerous goods in, on or from the vehicle or packaging transported in or on the vehicle; and\n- (ii) costs incurred by or for a Commonwealth or State government authority in a clean-up resulting from a fire, explosion, leakage or spillage in, on or from the vehicle or packaging transported in or on the vehicle; or\n- (b) the prime contractor does not have an approval under section 245  for the use of the vehicle or is not complying with the conditions of the approval.\n- (i) personal injury, death, property damage and other damage (other than consequential economic loss) arising out of fire, explosion, leakage or spillage of dangerous goods in, on or from the vehicle or packaging transported in or on the vehicle; and\n- (ii) costs incurred by or for a Commonwealth or State government authority in a clean-up resulting from a fire, explosion, leakage or spillage in, on or from the vehicle or packaging transported in or on the vehicle; or","sortOrder":320},{"sectionNumber":"sec.244","sectionType":"section","heading":"Requiring evidence of particular matters","content":"### sec.244 Requiring evidence of particular matters\n\nThe chief executive may, by written notice given to the owner of a vehicle used to transport a placard load, or a prime contractor responsible for the condition of the vehicle, require the owner or prime contractor to produce—\nwritten evidence that the vehicle is covered by a policy of insurance or other form of indemnity under section 242 (1) (a) or 243 (1) (a) ; or\nan approval under section 245 for the use of the vehicle.\nThe owner or prime contractor must produce the evidence or approval to the chief executive within 14 days after the day the notice is given.\nMaximum penalty—15 penalty units.\n(sec.244-ssec.1) The chief executive may, by written notice given to the owner of a vehicle used to transport a placard load, or a prime contractor responsible for the condition of the vehicle, require the owner or prime contractor to produce— written evidence that the vehicle is covered by a policy of insurance or other form of indemnity under section 242 (1) (a) or 243 (1) (a) ; or an approval under section 245 for the use of the vehicle.\n(sec.244-ssec.2) The owner or prime contractor must produce the evidence or approval to the chief executive within 14 days after the day the notice is given. Maximum penalty—15 penalty units.\n- (a) written evidence that the vehicle is covered by a policy of insurance or other form of indemnity under section 242 (1) (a) or 243 (1) (a) ; or\n- (b) an approval under section 245 for the use of the vehicle.","sortOrder":321},{"sectionNumber":"sec.245","sectionType":"section","heading":"Approvals—insurance","content":"### sec.245 Approvals—insurance\n\nThe owner of a vehicle used to transport a placard load, or a prime contractor responsible for the condition of the vehicle, may make an application under section 172 to use the vehicle even if the vehicle is not covered by a policy of insurance or other form of indemnity under section 242 (1) (a) or 243 (1) (a) .\nIf the chief executive is satisfied that the owner or prime contractor is adequately capable of self-insurance for section 242 (1) (a) or 243 (1) (a) , the chief executive may give an approval for the use of the vehicle.\nThe approval may be given by the chief executive—\nfor a single use or for a period not longer than 5 years; and\nsubject to any other condition.\n(sec.245-ssec.1) The owner of a vehicle used to transport a placard load, or a prime contractor responsible for the condition of the vehicle, may make an application under section 172 to use the vehicle even if the vehicle is not covered by a policy of insurance or other form of indemnity under section 242 (1) (a) or 243 (1) (a) .\n(sec.245-ssec.2) If the chief executive is satisfied that the owner or prime contractor is adequately capable of self-insurance for section 242 (1) (a) or 243 (1) (a) , the chief executive may give an approval for the use of the vehicle.\n(sec.245-ssec.3) The approval may be given by the chief executive— for a single use or for a period not longer than 5 years; and subject to any other condition.\n- (a) for a single use or for a period not longer than 5 years; and\n- (b) subject to any other condition.","sortOrder":322},{"sectionNumber":"pt.21","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":323},{"sectionNumber":"pt.21-div.1","sectionType":"division","heading":"Fees","content":"## Fees","sortOrder":324},{"sectionNumber":"sec.246","sectionType":"section","heading":"Fees","content":"### sec.246 Fees\n\nThe fees payable under this regulation are stated in schedule 2 .\nHowever, the fee payable for the grant of a dangerous goods vehicle licence for a period mentioned in section 208A (2) is the proportion of the fee stated in schedule 2 , item 4 that is attributable to the number of months, rounded up to whole months, in the period.\nAlso, the fee payable for the renewal of a dangerous goods vehicle licence is the fee stated in schedule 2 , item 4 as in force on 1 July in the financial year in which the period of the renewed licence starts.\ns 246 amd 2023 SL No. 24 s 32\n(sec.246-ssec.1) The fees payable under this regulation are stated in schedule 2 .\n(sec.246-ssec.2) However, the fee payable for the grant of a dangerous goods vehicle licence for a period mentioned in section 208A (2) is the proportion of the fee stated in schedule 2 , item 4 that is attributable to the number of months, rounded up to whole months, in the period.\n(sec.246-ssec.3) Also, the fee payable for the renewal of a dangerous goods vehicle licence is the fee stated in schedule 2 , item 4 as in force on 1 July in the financial year in which the period of the renewed licence starts.","sortOrder":325},{"sectionNumber":"sec.246A","sectionType":"section","heading":"Rounding of amounts expressed as numbers of fee units","content":"### sec.246A Rounding of amounts expressed as numbers of fee units\n\nThis section applies for working out the amount of a fee expressed in this regulation as a number of fee units.\nFor the purpose of the Acts Interpretation Act 1954 , section 48C (3) , the amount is to be rounded to the nearest multiple of 5 cents (rounding one-half upwards).\nIf a fee were 35 fee units and the value of a fee unit were $1.015, the number of dollars obtained by multiplying 35 by $1.015 would be $35.525. Because $35.525 is halfway between $35.50 and $35.55, it is rounded upwards, so the amount of the fee would be $35.55.\ns 246A ins 2022 SL No. 56 s 44\n(sec.246A-ssec.1) This section applies for working out the amount of a fee expressed in this regulation as a number of fee units.\n(sec.246A-ssec.2) For the purpose of the Acts Interpretation Act 1954 , section 48C (3) , the amount is to be rounded to the nearest multiple of 5 cents (rounding one-half upwards). If a fee were 35 fee units and the value of a fee unit were $1.015, the number of dollars obtained by multiplying 35 by $1.015 would be $35.525. Because $35.525 is halfway between $35.50 and $35.55, it is rounded upwards, so the amount of the fee would be $35.55.","sortOrder":326},{"sectionNumber":"sec.247","sectionType":"section","heading":"Waiver of additional application fees","content":"### sec.247 Waiver of additional application fees\n\nThe chief executive may waive the payment of an additional application fee payable under schedule 2 , item 3(b) for an application mentioned in item 3.\ns 247 amd 2019 SL No. 74 ss 29 , 32 ; 2020 SL No. 89 s 29 ; 2020 SL No. 89 s 32 ; 2021 SL No. 44 s 29 ; 2021 SL No. 44 s 32","sortOrder":327},{"sectionNumber":"sec.248","sectionType":"section","heading":"Refund of additional application fees","content":"### sec.248 Refund of additional application fees\n\nThis section applies if—\na person makes an application for—\na dangerous goods driver licence; or\nthe renewal of a dangerous goods driver licence; and\nthe chief executive does not ask the commissioner, under section 17C of the Act , for a written report about the person’s criminal history for the application.\nThe additional application fee paid under schedule 2 , item 3(b) for the application must be refunded to the applicant.\ns 248 amd 2019 SL No. 74 ss 30 , 33 ; 2020 SL No. 89 ss 30 , 33 ; 2021 SL No. 44 s 30 ; 2021 SL No. 44 s 33\n(sec.248-ssec.1) This section applies if— a person makes an application for— a dangerous goods driver licence; or the renewal of a dangerous goods driver licence; and the chief executive does not ask the commissioner, under section 17C of the Act , for a written report about the person’s criminal history for the application.\n(sec.248-ssec.2) The additional application fee paid under schedule 2 , item 3(b) for the application must be refunded to the applicant.\n- (a) a person makes an application for— (i) a dangerous goods driver licence; or (ii) the renewal of a dangerous goods driver licence; and\n- (i) a dangerous goods driver licence; or\n- (ii) the renewal of a dangerous goods driver licence; and\n- (b) the chief executive does not ask the commissioner, under section 17C of the Act , for a written report about the person’s criminal history for the application.\n- (i) a dangerous goods driver licence; or\n- (ii) the renewal of a dangerous goods driver licence; and","sortOrder":328},{"sectionNumber":"sec.249","sectionType":"section","heading":"Refund of fees in relation to smartcard dangerous goods driver licences","content":"### sec.249 Refund of fees in relation to smartcard dangerous goods driver licences\n\nThis section applies if—\nthe chief executive refuses to grant an application in relation to a smartcard dangerous goods driver licence; or\nan applicant withdraws an application in relation to a smartcard dangerous goods driver licence before the chief executive grants the application.\nThe chief executive may refund the whole or part of a fee paid by the applicant in relation to the application.\n(sec.249-ssec.1) This section applies if— the chief executive refuses to grant an application in relation to a smartcard dangerous goods driver licence; or an applicant withdraws an application in relation to a smartcard dangerous goods driver licence before the chief executive grants the application.\n(sec.249-ssec.2) The chief executive may refund the whole or part of a fee paid by the applicant in relation to the application.\n- (a) the chief executive refuses to grant an application in relation to a smartcard dangerous goods driver licence; or\n- (b) an applicant withdraws an application in relation to a smartcard dangerous goods driver licence before the chief executive grants the application.","sortOrder":329},{"sectionNumber":"pt.21-div.2","sectionType":"division","heading":"Other matters","content":"## Other matters","sortOrder":330},{"sectionNumber":"sec.249A","sectionType":"section","heading":"Particular provision for ADG Code, edition 7.7","content":"### sec.249A Particular provision for ADG Code, edition 7.7\n\nThis section applies if—\nduring the period starting on 1 October 2020 and ending on 30 September 2021, a person does an act, or omits to do an act, that would, but for this section, constitute an offence against a provision of this regulation; and\nthe act or omission would, but for this section, constitute an offence against the provision only because, for applying the provision, a reference in this regulation to the ADG Code is a reference to edition 7.7 of the ADG Code rather than edition 7.6 of the ADG Code.\nThe act or omission does not constitute an offence against the provision.\ns 249A ins 2020 SL No. 220 s 35\n(sec.249A-ssec.1) This section applies if— during the period starting on 1 October 2020 and ending on 30 September 2021, a person does an act, or omits to do an act, that would, but for this section, constitute an offence against a provision of this regulation; and the act or omission would, but for this section, constitute an offence against the provision only because, for applying the provision, a reference in this regulation to the ADG Code is a reference to edition 7.7 of the ADG Code rather than edition 7.6 of the ADG Code.\n(sec.249A-ssec.2) The act or omission does not constitute an offence against the provision.\n- (a) during the period starting on 1 October 2020 and ending on 30 September 2021, a person does an act, or omits to do an act, that would, but for this section, constitute an offence against a provision of this regulation; and\n- (b) the act or omission would, but for this section, constitute an offence against the provision only because, for applying the provision, a reference in this regulation to the ADG Code is a reference to edition 7.7 of the ADG Code rather than edition 7.6 of the ADG Code.","sortOrder":331},{"sectionNumber":"sec.249B","sectionType":"section","heading":"Particular provision for ADG Code, edition 7.8","content":"### sec.249B Particular provision for ADG Code, edition 7.8\n\nThis section applies if—\nduring the period starting on 1 April 2023 and ending on 31 March 2024, a person does an act, or omits to do an act, that would, but for this section, constitute an offence against a provision of this regulation; and\nthe act or omission would, but for this section, constitute an offence against the provision only because, for applying the provision, a reference in this regulation to the ADG Code is a reference to edition 7.8 of the ADG Code rather than edition 7.7 of the ADG Code.\nThe act or omission does not constitute an offence against the provision.\ns 249B ins 2023 SL No. 24 s 33\n(sec.249B-ssec.1) This section applies if— during the period starting on 1 April 2023 and ending on 31 March 2024, a person does an act, or omits to do an act, that would, but for this section, constitute an offence against a provision of this regulation; and the act or omission would, but for this section, constitute an offence against the provision only because, for applying the provision, a reference in this regulation to the ADG Code is a reference to edition 7.8 of the ADG Code rather than edition 7.7 of the ADG Code.\n(sec.249B-ssec.2) The act or omission does not constitute an offence against the provision.\n- (a) during the period starting on 1 April 2023 and ending on 31 March 2024, a person does an act, or omits to do an act, that would, but for this section, constitute an offence against a provision of this regulation; and\n- (b) the act or omission would, but for this section, constitute an offence against the provision only because, for applying the provision, a reference in this regulation to the ADG Code is a reference to edition 7.8 of the ADG Code rather than edition 7.7 of the ADG Code.","sortOrder":332},{"sectionNumber":"sec.249C","sectionType":"section","heading":"Transitional arrangement if ADG Code or related instrument amended or remade","content":"### sec.249C Transitional arrangement if ADG Code or related instrument amended or remade\n\nThis section applies if—\nthe ADG Code is amended or remade or a code, standard or rule applied or adopted by, or incorporated in, the ADG Code is amended or remade; and\nthe amendment or remake has the effect of imposing a new requirement on a person, or modifying an existing requirement applying to a person, under this regulation.\nThe new requirement or modified existing requirement does not apply in relation to the person until the relevant period for the amendment or remake ends.\nFor subsection (2) , this regulation applies in relation to the person during the relevant period as if the amendment or remake had not taken effect.\nHowever, if an existing requirement is modified, a person who complies with the modified existing requirement during the relevant period is taken to comply with the existing requirement.\nThis section is subject to any other section of this regulation that provides for when or how the new requirement or modified existing requirement applies in relation to the person.\nIn this section—\nrelevant period , for an amendment or remake mentioned in subsection (1) (a) , means the period starting on the day the amendment or remake takes effect and ending on the day 12 months after that day.\nrequirement means a duty, obligation, requirement or restriction (however described).\ns 249C ins 2023 SL No. 24 s 33\n(sec.249C-ssec.1) This section applies if— the ADG Code is amended or remade or a code, standard or rule applied or adopted by, or incorporated in, the ADG Code is amended or remade; and the amendment or remake has the effect of imposing a new requirement on a person, or modifying an existing requirement applying to a person, under this regulation.\n(sec.249C-ssec.2) The new requirement or modified existing requirement does not apply in relation to the person until the relevant period for the amendment or remake ends.\n(sec.249C-ssec.3) For subsection (2) , this regulation applies in relation to the person during the relevant period as if the amendment or remake had not taken effect.\n(sec.249C-ssec.4) However, if an existing requirement is modified, a person who complies with the modified existing requirement during the relevant period is taken to comply with the existing requirement.\n(sec.249C-ssec.5) This section is subject to any other section of this regulation that provides for when or how the new requirement or modified existing requirement applies in relation to the person.\n(sec.249C-ssec.6) In this section— relevant period , for an amendment or remake mentioned in subsection (1) (a) , means the period starting on the day the amendment or remake takes effect and ending on the day 12 months after that day. requirement means a duty, obligation, requirement or restriction (however described).\n- (a) the ADG Code is amended or remade or a code, standard or rule applied or adopted by, or incorporated in, the ADG Code is amended or remade; and\n- (b) the amendment or remake has the effect of imposing a new requirement on a person, or modifying an existing requirement applying to a person, under this regulation.","sortOrder":333},{"sectionNumber":"pt.22","sectionType":"part","heading":"Repeal and transitional provisions","content":"# Repeal and transitional provisions","sortOrder":334},{"sectionNumber":"pt.22-div.1","sectionType":"division","heading":"Repeal provision","content":"## Repeal provision","sortOrder":335},{"sectionNumber":"sec.250","sectionType":"section","heading":"Repeal","content":"### sec.250 Repeal\n\nThe Transport Operations (Road Use Management—Dangerous Goods) Regulation 2008 , SL No. 427 is repealed.","sortOrder":336},{"sectionNumber":"pt.22-div.2","sectionType":"division","heading":"Transitional provisions","content":"## Transitional provisions","sortOrder":337},{"sectionNumber":"sec.251","sectionType":"section","heading":"Definition for division","content":"### sec.251 Definition for division\n\nIn this division—\nrepealed regulation means the Transport Operations (Road Use Management—Dangerous Goods) Regulation 2008 .","sortOrder":338},{"sectionNumber":"sec.252","sectionType":"section","heading":"References to repealed regulation","content":"### sec.252 References to repealed regulation\n\nIn this division, unless otherwise stated, a reference to the repealed regulation is a reference to the repealed regulation as in force before the commencement.","sortOrder":339},{"sectionNumber":"sec.253","sectionType":"section","heading":"Lawful conduct under previous law","content":"### sec.253 Lawful conduct under previous law\n\nA person does not commit an offence against this regulation if, within 12 months after the commencement, the person transports dangerous goods in accordance with the Act , including the repealed regulation, as in force immediately before the commencement.","sortOrder":340},{"sectionNumber":"sec.254","sectionType":"section","heading":"Continuing effect of particular determinations","content":"### sec.254 Continuing effect of particular determinations\n\nThis section applies to a determination that—\nwas made under the repealed regulation; and\nwas in force in this jurisdiction immediately before the commencement; and\nis a determination in relation to something that may be decided under a provision (the relevant provision ) of section 23 or 24.\nThis section also applies to a determination, made under the repealed regulation following a review under subdivision 10, that is in relation to something that may be decided under a provision (the relevant provision ) of section 23 or 24.\nThe determination is taken to be a determination under the relevant provision subject to the same conditions and restrictions.\nTo remove any doubt, it is declared that the determination was made when it was made under the repealed regulation.\nWithout limiting subsection (3), the chief executive may record the determination in the register of determinations kept under section 28(1)(a).\n(sec.254-ssec.1) This section applies to a determination that— was made under the repealed regulation; and was in force in this jurisdiction immediately before the commencement; and is a determination in relation to something that may be decided under a provision (the relevant provision ) of section 23 or 24.\n(sec.254-ssec.2) This section also applies to a determination, made under the repealed regulation following a review under subdivision 10, that is in relation to something that may be decided under a provision (the relevant provision ) of section 23 or 24.\n(sec.254-ssec.3) The determination is taken to be a determination under the relevant provision subject to the same conditions and restrictions.\n(sec.254-ssec.4) To remove any doubt, it is declared that the determination was made when it was made under the repealed regulation.\n(sec.254-ssec.5) Without limiting subsection (3), the chief executive may record the determination in the register of determinations kept under section 28(1)(a).\n- (a) was made under the repealed regulation; and\n- (b) was in force in this jurisdiction immediately before the commencement; and\n- (c) is a determination in relation to something that may be decided under a provision (the relevant provision ) of section 23 or 24.","sortOrder":341},{"sectionNumber":"sec.255","sectionType":"section","heading":"Existing applications for administrative determinations","content":"### sec.255 Existing applications for administrative determinations\n\nThis section applies to an application that—\nis for an administrative determination in relation to something that may be decided under a provision (the relevant provision ) mentioned in section 254(1)(c); and\nwas made under section 171 of the repealed regulation; and\nhad not been finally decided before the commencement.\nOn the commencement, the application is taken to be an application made under section 172 for an administrative determination under the relevant provision.\n(sec.255-ssec.1) This section applies to an application that— is for an administrative determination in relation to something that may be decided under a provision (the relevant provision ) mentioned in section 254(1)(c); and was made under section 171 of the repealed regulation; and had not been finally decided before the commencement.\n(sec.255-ssec.2) On the commencement, the application is taken to be an application made under section 172 for an administrative determination under the relevant provision.\n- (a) is for an administrative determination in relation to something that may be decided under a provision (the relevant provision ) mentioned in section 254(1)(c); and\n- (b) was made under section 171 of the repealed regulation; and\n- (c) had not been finally decided before the commencement.","sortOrder":342},{"sectionNumber":"sec.256","sectionType":"section","heading":"Existing applications for amendments of administrative determinations","content":"### sec.256 Existing applications for amendments of administrative determinations\n\nThis section applies to an application that—\nis for an amendment of an administrative determination in relation to something that may be decided under a provision (the relevant provision ) mentioned in section 254(1)(c); and\nwas made under section 171 of the repealed regulation; and\nhad not been finally decided before the commencement.\nOn the commencement, the application is taken to be an application made under section 172 for an amendment of the administrative determination under the relevant provision.\n(sec.256-ssec.1) This section applies to an application that— is for an amendment of an administrative determination in relation to something that may be decided under a provision (the relevant provision ) mentioned in section 254(1)(c); and was made under section 171 of the repealed regulation; and had not been finally decided before the commencement.\n(sec.256-ssec.2) On the commencement, the application is taken to be an application made under section 172 for an amendment of the administrative determination under the relevant provision.\n- (a) is for an amendment of an administrative determination in relation to something that may be decided under a provision (the relevant provision ) mentioned in section 254(1)(c); and\n- (b) was made under section 171 of the repealed regulation; and\n- (c) had not been finally decided before the commencement.","sortOrder":343},{"sectionNumber":"sec.257","sectionType":"section","heading":"Continuing effect of particular approvals","content":"### sec.257 Continuing effect of particular approvals\n\nThis section applies to an approval that—\nwas given under the repealed regulation; and\nwas in force in this jurisdiction immediately before the commencement; and\nis an approval of something that may be approved under a provision (the relevant provision ) of any of the following sections—\nsection 21;\nsection 50;\nsection 113;\nsection 114;\nsection 133.\nThis section also applies to an approval, given under the repealed regulation following a review under subdivision 10, that is an approval of something that may be approved under a provision (the relevant provision ) mentioned in subsection (1)(c).\nThe approval is taken to be an approval given by the chief executive under the relevant provision subject to the same conditions and restrictions.\nTo remove any doubt, it is declared that the approval was given when it was given under the repealed regulation.\nWithout limiting subsection (3), the chief executive may record the approval in the register of approvals kept under section 179(1)(a).\nIf the approval does not have an expiry day, the approval expires 5 years after the commencement.\n(sec.257-ssec.1) This section applies to an approval that— was given under the repealed regulation; and was in force in this jurisdiction immediately before the commencement; and is an approval of something that may be approved under a provision (the relevant provision ) of any of the following sections— section 21; section 50; section 113; section 114; section 133.\n(sec.257-ssec.2) This section also applies to an approval, given under the repealed regulation following a review under subdivision 10, that is an approval of something that may be approved under a provision (the relevant provision ) mentioned in subsection (1)(c).\n(sec.257-ssec.3) The approval is taken to be an approval given by the chief executive under the relevant provision subject to the same conditions and restrictions.\n(sec.257-ssec.4) To remove any doubt, it is declared that the approval was given when it was given under the repealed regulation.\n(sec.257-ssec.5) Without limiting subsection (3), the chief executive may record the approval in the register of approvals kept under section 179(1)(a).\n(sec.257-ssec.6) If the approval does not have an expiry day, the approval expires 5 years after the commencement.\n- (a) was given under the repealed regulation; and\n- (b) was in force in this jurisdiction immediately before the commencement; and\n- (c) is an approval of something that may be approved under a provision (the relevant provision ) of any of the following sections— (i) section 21; (ii) section 50; (iii) section 113; (iv) section 114; (v) section 133.\n- (i) section 21;\n- (ii) section 50;\n- (iii) section 113;\n- (iv) section 114;\n- (v) section 133.\n- (i) section 21;\n- (ii) section 50;\n- (iii) section 113;\n- (iv) section 114;\n- (v) section 133.","sortOrder":344},{"sectionNumber":"sec.258","sectionType":"section","heading":"Existing applications for particular approvals","content":"### sec.258 Existing applications for particular approvals\n\nThis section applies to an application that—\nis for an approval—\nunder section 224 of the repealed regulation; or\nof something that may be approved under a provision (the relevant provision ) mentioned in section 257(1)(c); and\nwas made under section 171 of the repealed regulation; and\nhad not been finally decided before the commencement.\nOn the commencement, the application is taken to be an application made under section 172 for an approval under section 245 or the relevant provision.\n(sec.258-ssec.1) This section applies to an application that— is for an approval— under section 224 of the repealed regulation; or of something that may be approved under a provision (the relevant provision ) mentioned in section 257(1)(c); and was made under section 171 of the repealed regulation; and had not been finally decided before the commencement.\n(sec.258-ssec.2) On the commencement, the application is taken to be an application made under section 172 for an approval under section 245 or the relevant provision.\n- (a) is for an approval— (i) under section 224 of the repealed regulation; or (ii) of something that may be approved under a provision (the relevant provision ) mentioned in section 257(1)(c); and\n- (i) under section 224 of the repealed regulation; or\n- (ii) of something that may be approved under a provision (the relevant provision ) mentioned in section 257(1)(c); and\n- (b) was made under section 171 of the repealed regulation; and\n- (c) had not been finally decided before the commencement.\n- (i) under section 224 of the repealed regulation; or\n- (ii) of something that may be approved under a provision (the relevant provision ) mentioned in section 257(1)(c); and","sortOrder":345},{"sectionNumber":"sec.259","sectionType":"section","heading":"Existing applications for amendments of particular approvals","content":"### sec.259 Existing applications for amendments of particular approvals\n\nThis section applies to an application that—\nis for an amendment of an approval of something that may be approved under a provision (the relevant provision ) mentioned in section 257(1)(c); and\nwas made under section 171 of the repealed regulation; and\nhad not been finally decided before the commencement.\nOn the commencement, the application is taken to be an application made under section 172 for an amendment of an approval under the relevant provision.\n(sec.259-ssec.1) This section applies to an application that— is for an amendment of an approval of something that may be approved under a provision (the relevant provision ) mentioned in section 257(1)(c); and was made under section 171 of the repealed regulation; and had not been finally decided before the commencement.\n(sec.259-ssec.2) On the commencement, the application is taken to be an application made under section 172 for an amendment of an approval under the relevant provision.\n- (a) is for an amendment of an approval of something that may be approved under a provision (the relevant provision ) mentioned in section 257(1)(c); and\n- (b) was made under section 171 of the repealed regulation; and\n- (c) had not been finally decided before the commencement.","sortOrder":346},{"sectionNumber":"sec.260","sectionType":"section","heading":"Existing exemptions","content":"### sec.260 Existing exemptions\n\nThis section applies to an exemption made under section 153 of the Act that—\nexempts a person or class of persons from complying with a provision of the repealed regulation that is substantially the same as a provision (the relevant provision ) of this regulation; and\nwas in effect immediately before the commencement.\nThis section also applies to an exemption made under section 153 of the Act after the commencement—\nfollowing a review under chapter 4 of the Act ; and\nthat exempts a person or class of persons from complying with a provision of the repealed regulation that is substantially the same as a provision (the relevant provision ) of this regulation.\nA reference in the exemption to the provision of the repealed regulation is taken to be a reference to the relevant provision of this regulation.\n(sec.260-ssec.1) This section applies to an exemption made under section 153 of the Act that— exempts a person or class of persons from complying with a provision of the repealed regulation that is substantially the same as a provision (the relevant provision ) of this regulation; and was in effect immediately before the commencement.\n(sec.260-ssec.2) This section also applies to an exemption made under section 153 of the Act after the commencement— following a review under chapter 4 of the Act ; and that exempts a person or class of persons from complying with a provision of the repealed regulation that is substantially the same as a provision (the relevant provision ) of this regulation.\n(sec.260-ssec.3) A reference in the exemption to the provision of the repealed regulation is taken to be a reference to the relevant provision of this regulation.\n- (a) exempts a person or class of persons from complying with a provision of the repealed regulation that is substantially the same as a provision (the relevant provision ) of this regulation; and\n- (b) was in effect immediately before the commencement.\n- (a) following a review under chapter 4 of the Act ; and\n- (b) that exempts a person or class of persons from complying with a provision of the repealed regulation that is substantially the same as a provision (the relevant provision ) of this regulation.","sortOrder":347},{"sectionNumber":"sec.261","sectionType":"section","heading":"Existing applications for exemptions","content":"### sec.261 Existing applications for exemptions\n\nThis section applies to an application made under section 165 of the repealed regulation that—\nis for an exemption from complying with a provision of the repealed regulation that is substantially the same as a provision (the relevant provision ) of this regulation; and\nhad not been finally decided before the commencement.\nOn the commencement, the application is taken to be an application made under section 166 for an exemption from complying with the relevant provision.\n(sec.261-ssec.1) This section applies to an application made under section 165 of the repealed regulation that— is for an exemption from complying with a provision of the repealed regulation that is substantially the same as a provision (the relevant provision ) of this regulation; and had not been finally decided before the commencement.\n(sec.261-ssec.2) On the commencement, the application is taken to be an application made under section 166 for an exemption from complying with the relevant provision.\n- (a) is for an exemption from complying with a provision of the repealed regulation that is substantially the same as a provision (the relevant provision ) of this regulation; and\n- (b) had not been finally decided before the commencement.","sortOrder":348},{"sectionNumber":"sec.262","sectionType":"section","heading":"Particular existing requirements continue","content":"### sec.262 Particular existing requirements continue\n\nThis section applies if—\nbefore the commencement, a requirement was made of a person, or a person was required to do something, under any of the following sections of the repealed regulation—\nsection 21(5);\nsection 77(2);\nsection 78(2);\nsection 127(2);\nsection 128(2);\nsection 132(3);\nsection 152(5);\nsection 153(2);\nsection 154(2);\nsection 197(1);\nsection 211(2);\nsection 217(1);\nsection 223(1); and\nthe requirement had not been complied with before the commencement.\nThe requirement continues to apply in relation to the person as if this regulation had not been made.\nThe repealed regulation as in force immediately before the commencement continues to apply in relation to the requirement as if this regulation had not been made.\n(sec.262-ssec.1) This section applies if— before the commencement, a requirement was made of a person, or a person was required to do something, under any of the following sections of the repealed regulation— section 21(5); section 77(2); section 78(2); section 127(2); section 128(2); section 132(3); section 152(5); section 153(2); section 154(2); section 197(1); section 211(2); section 217(1); section 223(1); and the requirement had not been complied with before the commencement.\n(sec.262-ssec.2) The requirement continues to apply in relation to the person as if this regulation had not been made.\n(sec.262-ssec.3) The repealed regulation as in force immediately before the commencement continues to apply in relation to the requirement as if this regulation had not been made.\n- (a) before the commencement, a requirement was made of a person, or a person was required to do something, under any of the following sections of the repealed regulation— (i) section 21(5); (ii) section 77(2); (iii) section 78(2); (iv) section 127(2); (v) section 128(2); (vi) section 132(3); (vii) section 152(5); (viii) section 153(2); (ix) section 154(2); (x) section 197(1); (xi) section 211(2); (xii) section 217(1); (xiii) section 223(1); and\n- (i) section 21(5);\n- (ii) section 77(2);\n- (iii) section 78(2);\n- (iv) section 127(2);\n- (v) section 128(2);\n- (vi) section 132(3);\n- (vii) section 152(5);\n- (viii) section 153(2);\n- (ix) section 154(2);\n- (x) section 197(1);\n- (xi) section 211(2);\n- (xii) section 217(1);\n- (xiii) section 223(1); and\n- (b) the requirement had not been complied with before the commencement.\n- (i) section 21(5);\n- (ii) section 77(2);\n- (iii) section 78(2);\n- (iv) section 127(2);\n- (v) section 128(2);\n- (vi) section 132(3);\n- (vii) section 152(5);\n- (viii) section 153(2);\n- (ix) section 154(2);\n- (x) section 197(1);\n- (xi) section 211(2);\n- (xii) section 217(1);\n- (xiii) section 223(1); and","sortOrder":349},{"sectionNumber":"sec.263","sectionType":"section","heading":"Requirements relating to particular incidents continue","content":"### sec.263 Requirements relating to particular incidents continue\n\nThis section applies if—\nan incident to which section 148, 149 or 150 of the repealed regulation applies happened before the commencement; and\nthe section required something to be done or not done in relation to the incident; and\nthe thing had not been done, or had been done, before the commencement.\nThe repealed regulation as in force immediately before the commencement continues to apply in relation to the incident as if this regulation had not been made.\n(sec.263-ssec.1) This section applies if— an incident to which section 148, 149 or 150 of the repealed regulation applies happened before the commencement; and the section required something to be done or not done in relation to the incident; and the thing had not been done, or had been done, before the commencement.\n(sec.263-ssec.2) The repealed regulation as in force immediately before the commencement continues to apply in relation to the incident as if this regulation had not been made.\n- (a) an incident to which section 148, 149 or 150 of the repealed regulation applies happened before the commencement; and\n- (b) the section required something to be done or not done in relation to the incident; and\n- (c) the thing had not been done, or had been done, before the commencement.","sortOrder":350},{"sectionNumber":"sec.264","sectionType":"section","heading":"Requirements relating to disposal of licensed vehicles continue","content":"### sec.264 Requirements relating to disposal of licensed vehicles continue\n\nThis section applies if, before the commencement—\na person sold or otherwise disposed of a vehicle to which a dangerous goods vehicle licence under the repealed regulation relates; and\nthe person had not given notice of the sale or disposal under section 207 of the repealed regulation.\nThe repealed regulation as in force immediately before the commencement continues to apply in relation to the sale or disposal as if this regulation had not been made.\n(sec.264-ssec.1) This section applies if, before the commencement— a person sold or otherwise disposed of a vehicle to which a dangerous goods vehicle licence under the repealed regulation relates; and the person had not given notice of the sale or disposal under section 207 of the repealed regulation.\n(sec.264-ssec.2) The repealed regulation as in force immediately before the commencement continues to apply in relation to the sale or disposal as if this regulation had not been made.\n- (a) a person sold or otherwise disposed of a vehicle to which a dangerous goods vehicle licence under the repealed regulation relates; and\n- (b) the person had not given notice of the sale or disposal under section 207 of the repealed regulation.","sortOrder":351},{"sectionNumber":"sec.265","sectionType":"section","heading":"Continuing effect of particular permissions","content":"### sec.265 Continuing effect of particular permissions\n\nThis section applies if, before the commencement—\nthe chief executive gave permission to a prime contractor to transport food or food packaging from a site under section 149(2) of the repealed regulation; and\nthe food or food packaging had not been removed from the site.\nThe permission is taken to be a permission given by the chief executive under section 149(2) of this regulation.\nTo remove any doubt, it is declared that the permission was given when it was given under the repealed regulation.\n(sec.265-ssec.1) This section applies if, before the commencement— the chief executive gave permission to a prime contractor to transport food or food packaging from a site under section 149(2) of the repealed regulation; and the food or food packaging had not been removed from the site.\n(sec.265-ssec.2) The permission is taken to be a permission given by the chief executive under section 149(2) of this regulation.\n(sec.265-ssec.3) To remove any doubt, it is declared that the permission was given when it was given under the repealed regulation.\n- (a) the chief executive gave permission to a prime contractor to transport food or food packaging from a site under section 149(2) of the repealed regulation; and\n- (b) the food or food packaging had not been removed from the site.","sortOrder":352},{"sectionNumber":"sec.266","sectionType":"section","heading":"Existing licences","content":"### sec.266 Existing licences\n\nThis section applies to the following licences under the repealed regulation in effect immediately before the commencement—\na dangerous goods driver licence;\na dangerous goods vehicle licence.\nThis section also applies to a dangerous goods driver licence or dangerous goods vehicle licence given under the repealed regulation following a review under subdivision 10.\nThe licence is taken to be a dangerous goods driver licence or dangerous goods vehicle licence given under this regulation subject to the same conditions and restrictions.\nTo remove any doubt, it is declared that the dangerous goods driver licence or dangerous goods vehicle licence was given when it was given under the repealed regulation.\n(sec.266-ssec.1) This section applies to the following licences under the repealed regulation in effect immediately before the commencement— a dangerous goods driver licence; a dangerous goods vehicle licence.\n(sec.266-ssec.2) This section also applies to a dangerous goods driver licence or dangerous goods vehicle licence given under the repealed regulation following a review under subdivision 10.\n(sec.266-ssec.3) The licence is taken to be a dangerous goods driver licence or dangerous goods vehicle licence given under this regulation subject to the same conditions and restrictions.\n(sec.266-ssec.4) To remove any doubt, it is declared that the dangerous goods driver licence or dangerous goods vehicle licence was given when it was given under the repealed regulation.\n- (a) a dangerous goods driver licence;\n- (b) a dangerous goods vehicle licence.","sortOrder":353},{"sectionNumber":"sec.267","sectionType":"section","heading":"Existing applications for particular licences","content":"### sec.267 Existing applications for particular licences\n\nThis section applies to an application that—\nwas made—\nunder section 188 of the repealed regulation for a dangerous goods driver licence; or\nunder section 200 of the repealed regulation for a dangerous goods vehicle licence; and\nhad not been finally decided before the commencement.\nThe repealed regulation as in force immediately before the commencement continues to apply in relation to the application as if this regulation had not been made.\nIf a dangerous goods driver licence or dangerous goods vehicle licence is given under the repealed regulation in relation to the application, the licence is taken to be a dangerous goods driver licence or dangerous goods vehicle licence given under this regulation subject to the same conditions and restrictions.\n(sec.267-ssec.1) This section applies to an application that— was made— under section 188 of the repealed regulation for a dangerous goods driver licence; or under section 200 of the repealed regulation for a dangerous goods vehicle licence; and had not been finally decided before the commencement.\n(sec.267-ssec.2) The repealed regulation as in force immediately before the commencement continues to apply in relation to the application as if this regulation had not been made.\n(sec.267-ssec.3) If a dangerous goods driver licence or dangerous goods vehicle licence is given under the repealed regulation in relation to the application, the licence is taken to be a dangerous goods driver licence or dangerous goods vehicle licence given under this regulation subject to the same conditions and restrictions.\n- (a) was made— (i) under section 188 of the repealed regulation for a dangerous goods driver licence; or (ii) under section 200 of the repealed regulation for a dangerous goods vehicle licence; and\n- (i) under section 188 of the repealed regulation for a dangerous goods driver licence; or\n- (ii) under section 200 of the repealed regulation for a dangerous goods vehicle licence; and\n- (b) had not been finally decided before the commencement.\n- (i) under section 188 of the repealed regulation for a dangerous goods driver licence; or\n- (ii) under section 200 of the repealed regulation for a dangerous goods vehicle licence; and","sortOrder":354},{"sectionNumber":"sec.268","sectionType":"section","heading":"Existing applications for renewals of particular licences","content":"### sec.268 Existing applications for renewals of particular licences\n\nThis section applies to an application that—\nwas made—\nunder section 193 of the repealed regulation for the renewal of a dangerous goods driver licence; or\nunder section 203 of the repealed regulation for the renewal of a dangerous goods vehicle licence; and\nhad not been finally decided before the commencement.\nThe repealed regulation as in force immediately before the commencement continues to apply in relation to the application as if this regulation had not been made.\nIf the dangerous goods driver licence or dangerous goods vehicle licence is renewed under the repealed regulation, the licence is taken to be a dangerous goods driver licence or dangerous goods vehicle licence given under this regulation.\n(sec.268-ssec.1) This section applies to an application that— was made— under section 193 of the repealed regulation for the renewal of a dangerous goods driver licence; or under section 203 of the repealed regulation for the renewal of a dangerous goods vehicle licence; and had not been finally decided before the commencement.\n(sec.268-ssec.2) The repealed regulation as in force immediately before the commencement continues to apply in relation to the application as if this regulation had not been made.\n(sec.268-ssec.3) If the dangerous goods driver licence or dangerous goods vehicle licence is renewed under the repealed regulation, the licence is taken to be a dangerous goods driver licence or dangerous goods vehicle licence given under this regulation.\n- (a) was made— (i) under section 193 of the repealed regulation for the renewal of a dangerous goods driver licence; or (ii) under section 203 of the repealed regulation for the renewal of a dangerous goods vehicle licence; and\n- (i) under section 193 of the repealed regulation for the renewal of a dangerous goods driver licence; or\n- (ii) under section 203 of the repealed regulation for the renewal of a dangerous goods vehicle licence; and\n- (b) had not been finally decided before the commencement.\n- (i) under section 193 of the repealed regulation for the renewal of a dangerous goods driver licence; or\n- (ii) under section 203 of the repealed regulation for the renewal of a dangerous goods vehicle licence; and","sortOrder":355},{"sectionNumber":"sec.269","sectionType":"section","heading":"Existing applications for replacement of licence documents","content":"### sec.269 Existing applications for replacement of licence documents\n\nThis section applies to an application that—\nwas made under section 211A of the repealed regulation for a replacement licence document; and\nhad not been finally decided before the commencement.\nThe repealed regulation as in force immediately before the commencement continues to apply in relation to the application as if this regulation had not been made.\nIf the replacement licence document is given under the repealed regulation, the replacement licence document is taken to be a replacement licence document given under this regulation.\n(sec.269-ssec.1) This section applies to an application that— was made under section 211A of the repealed regulation for a replacement licence document; and had not been finally decided before the commencement.\n(sec.269-ssec.2) The repealed regulation as in force immediately before the commencement continues to apply in relation to the application as if this regulation had not been made.\n(sec.269-ssec.3) If the replacement licence document is given under the repealed regulation, the replacement licence document is taken to be a replacement licence document given under this regulation.\n- (a) was made under section 211A of the repealed regulation for a replacement licence document; and\n- (b) had not been finally decided before the commencement.","sortOrder":356},{"sectionNumber":"sec.270","sectionType":"section","heading":"Existing applications for upgrade to smartcard dangerous goods driver licence","content":"### sec.270 Existing applications for upgrade to smartcard dangerous goods driver licence\n\nThis section applies to an application that—\nwas made under section 211B of the repealed regulation for the replacement of a driver authorising document with a smartcard dangerous goods driver licence; and\nhad not been finally decided before the commencement.\nThe repealed regulation as in force immediately before the commencement continues to apply in relation to the application as if this regulation had not been made.\nIf the smartcard dangerous goods driver licence is given under the repealed regulation, the licence is taken to be a smartcard dangerous goods driver licence given under this regulation.\n(sec.270-ssec.1) This section applies to an application that— was made under section 211B of the repealed regulation for the replacement of a driver authorising document with a smartcard dangerous goods driver licence; and had not been finally decided before the commencement.\n(sec.270-ssec.2) The repealed regulation as in force immediately before the commencement continues to apply in relation to the application as if this regulation had not been made.\n(sec.270-ssec.3) If the smartcard dangerous goods driver licence is given under the repealed regulation, the licence is taken to be a smartcard dangerous goods driver licence given under this regulation.\n- (a) was made under section 211B of the repealed regulation for the replacement of a driver authorising document with a smartcard dangerous goods driver licence; and\n- (b) had not been finally decided before the commencement.","sortOrder":357},{"sectionNumber":"sec.271","sectionType":"section","heading":"Existing directions about destruction of superseded driver authorising documents","content":"### sec.271 Existing directions about destruction of superseded driver authorising documents\n\nThis section applies if a person was, immediately before the commencement, directed to destroy the person’s superseded driver authorising document under section 209B of the repealed regulation.\nThe repealed regulation as in force immediately before the commencement continues to apply in relation to the direction as if this regulation had not been made.\n(sec.271-ssec.1) This section applies if a person was, immediately before the commencement, directed to destroy the person’s superseded driver authorising document under section 209B of the repealed regulation.\n(sec.271-ssec.2) The repealed regulation as in force immediately before the commencement continues to apply in relation to the direction as if this regulation had not been made.","sortOrder":358},{"sectionNumber":"sec.272","sectionType":"section","heading":"Existing recommendations by chief executive","content":"### sec.272 Existing recommendations by chief executive\n\nThis section applies if, before the commencement—\nthe chief executive made a recommendation under section 158(2) of the repealed regulation that a dangerous goods authority take a proposed action; and\nthe dangerous goods authority had not taken the proposed action.\nOn the commencement, the recommendation is taken to have been made by the chief executive under section 158(2) of this regulation.\n(sec.272-ssec.1) This section applies if, before the commencement— the chief executive made a recommendation under section 158(2) of the repealed regulation that a dangerous goods authority take a proposed action; and the dangerous goods authority had not taken the proposed action.\n(sec.272-ssec.2) On the commencement, the recommendation is taken to have been made by the chief executive under section 158(2) of this regulation.\n- (a) the chief executive made a recommendation under section 158(2) of the repealed regulation that a dangerous goods authority take a proposed action; and\n- (b) the dangerous goods authority had not taken the proposed action.","sortOrder":359},{"sectionNumber":"sec.273","sectionType":"section","heading":"Existing recommendations by dangerous goods authority","content":"### sec.273 Existing recommendations by dangerous goods authority\n\nThis section applies if, before the commencement—\na dangerous goods authority made a recommendation under section 159(1) of the repealed regulation that the chief executive do a thing stated in section 159(1) of the repealed regulation; and\nthe chief executive had not done the thing.\nOn the commencement, the recommendation is taken to have been made by the dangerous goods authority under section 159(1) of this regulation.\n(sec.273-ssec.1) This section applies if, before the commencement— a dangerous goods authority made a recommendation under section 159(1) of the repealed regulation that the chief executive do a thing stated in section 159(1) of the repealed regulation; and the chief executive had not done the thing.\n(sec.273-ssec.2) On the commencement, the recommendation is taken to have been made by the dangerous goods authority under section 159(1) of this regulation.\n- (a) a dangerous goods authority made a recommendation under section 159(1) of the repealed regulation that the chief executive do a thing stated in section 159(1) of the repealed regulation; and\n- (b) the chief executive had not done the thing.","sortOrder":360},{"sectionNumber":"sec.274","sectionType":"section","heading":"Existing referrals by chief executive","content":"### sec.274 Existing referrals by chief executive\n\nThis section applies if, before the commencement—\nthe chief executive had referred a matter to the competent authorities panel under section 159A(2), 168(1) or (2) or 180(1) or (2) of the repealed regulation; and\nthe competent authorities panel had not made a decision in relation to the referral.\nOn the commencement, the referral is taken to have been made by the chief executive under—\nif the referral was made under section 159A(2) of the repealed regulation—section 160(2); or\nif the referral was made under section 168(1) or (2) of the repealed regulation—section 169(1) or (2); or\nif the referral was made under section 180(1) or (2) of the repealed regulation—section 181(1) or (2).\n(sec.274-ssec.1) This section applies if, before the commencement— the chief executive had referred a matter to the competent authorities panel under section 159A(2), 168(1) or (2) or 180(1) or (2) of the repealed regulation; and the competent authorities panel had not made a decision in relation to the referral.\n(sec.274-ssec.2) On the commencement, the referral is taken to have been made by the chief executive under— if the referral was made under section 159A(2) of the repealed regulation—section 160(2); or if the referral was made under section 168(1) or (2) of the repealed regulation—section 169(1) or (2); or if the referral was made under section 180(1) or (2) of the repealed regulation—section 181(1) or (2).\n- (a) the chief executive had referred a matter to the competent authorities panel under section 159A(2), 168(1) or (2) or 180(1) or (2) of the repealed regulation; and\n- (b) the competent authorities panel had not made a decision in relation to the referral.\n- (a) if the referral was made under section 159A(2) of the repealed regulation—section 160(2); or\n- (b) if the referral was made under section 168(1) or (2) of the repealed regulation—section 169(1) or (2); or\n- (c) if the referral was made under section 180(1) or (2) of the repealed regulation—section 181(1) or (2).","sortOrder":361},{"sectionNumber":"sec.275","sectionType":"section","heading":"Definition for subdivision","content":"### sec.275 Definition for subdivision\n\nIn this subdivision—\nreviewable decision means a decision mentioned in schedule 1 of the repealed regulation.","sortOrder":362},{"sectionNumber":"sec.276","sectionType":"section","heading":"Internal reviews about particular decisions","content":"### sec.276 Internal reviews about particular decisions\n\nSubsection (2) applies if, before the commencement—\na person made an application under section 65 of the Act , as applied by section 220 of the repealed regulation, for a review of a reviewable decision; and\na decision on the application for review had not been made.\nThe decision (the review decision ) on the application for review must be made under the repealed regulation as in force immediately before the commencement.\nSubsections (4) and (5) apply if—\nimmediately before the commencement, a person could have applied under section 65 of the Act , as applied by section 220 of the repealed regulation, for a review of a reviewable decision; and\nthe person had not made the application before the commencement.\nThe person may apply for a review of the decision under the repealed regulation as in force immediately before the commencement.\nIf the person applies for a review of the decision, the decision (also the review decision ) on the application must be made under the repealed regulation as in force immediately before the commencement.\nIf the review decision is an amendment or substitution of the reviewable decision, the review decision must be given effect under the repealed regulation.\nIf the effect of a review decision about the chief executive’s refusal to make an administrative determination is that the administrative determination must be made, the administrative determination must be made under the repealed regulation as in force immediately before the commencement.\nIf the review decision is a confirmation of the reviewable decision, despite the repeal of the repealed regulation—\nthe matter to which the reviewable decision relates continues to be a matter to be dealt with under the repealed regulation as in force immediately before the commencement; and\nIf the reviewable decision relates to an application for an administrative determination, the application continues to be an application for an administrative determination under the repealed regulation as in force immediately before the commencement.\nany further decision about the matter must be made under the repealed regulation as in force immediately before the commencement; and\nthe person in relation to whom the review decision is made may apply to QCAT for a review of the review decision under the repealed regulation as in force immediately before the commencement.\nFor subsections (2) and (4) to (7), the repealed regulation continues to have effect as if this regulation had not been made.\n(sec.276-ssec.1) Subsection (2) applies if, before the commencement— a person made an application under section 65 of the Act , as applied by section 220 of the repealed regulation, for a review of a reviewable decision; and a decision on the application for review had not been made.\n(sec.276-ssec.2) The decision (the review decision ) on the application for review must be made under the repealed regulation as in force immediately before the commencement.\n(sec.276-ssec.3) Subsections (4) and (5) apply if— immediately before the commencement, a person could have applied under section 65 of the Act , as applied by section 220 of the repealed regulation, for a review of a reviewable decision; and the person had not made the application before the commencement.\n(sec.276-ssec.4) The person may apply for a review of the decision under the repealed regulation as in force immediately before the commencement.\n(sec.276-ssec.5) If the person applies for a review of the decision, the decision (also the review decision ) on the application must be made under the repealed regulation as in force immediately before the commencement.\n(sec.276-ssec.6) If the review decision is an amendment or substitution of the reviewable decision, the review decision must be given effect under the repealed regulation. If the effect of a review decision about the chief executive’s refusal to make an administrative determination is that the administrative determination must be made, the administrative determination must be made under the repealed regulation as in force immediately before the commencement.\n(sec.276-ssec.7) If the review decision is a confirmation of the reviewable decision, despite the repeal of the repealed regulation— the matter to which the reviewable decision relates continues to be a matter to be dealt with under the repealed regulation as in force immediately before the commencement; and If the reviewable decision relates to an application for an administrative determination, the application continues to be an application for an administrative determination under the repealed regulation as in force immediately before the commencement. any further decision about the matter must be made under the repealed regulation as in force immediately before the commencement; and the person in relation to whom the review decision is made may apply to QCAT for a review of the review decision under the repealed regulation as in force immediately before the commencement.\n(sec.276-ssec.8) For subsections (2) and (4) to (7), the repealed regulation continues to have effect as if this regulation had not been made.\n- (a) a person made an application under section 65 of the Act , as applied by section 220 of the repealed regulation, for a review of a reviewable decision; and\n- (b) a decision on the application for review had not been made.\n- (a) immediately before the commencement, a person could have applied under section 65 of the Act , as applied by section 220 of the repealed regulation, for a review of a reviewable decision; and\n- (b) the person had not made the application before the commencement.\n- (a) the matter to which the reviewable decision relates continues to be a matter to be dealt with under the repealed regulation as in force immediately before the commencement; and Example— If the reviewable decision relates to an application for an administrative determination, the application continues to be an application for an administrative determination under the repealed regulation as in force immediately before the commencement.\n- (b) any further decision about the matter must be made under the repealed regulation as in force immediately before the commencement; and\n- (c) the person in relation to whom the review decision is made may apply to QCAT for a review of the review decision under the repealed regulation as in force immediately before the commencement.","sortOrder":363},{"sectionNumber":"sec.277","sectionType":"section","heading":"External review about particular decisions","content":"### sec.277 External review about particular decisions\n\nSubsection (2) applies if, before the commencement—\na person applied to QCAT under section 65A of the Act , as applied by section 220 of the repealed regulation, to review a decision made under section 65 of the Act confirming a reviewable decision; and\nthe review had not been decided.\nQCAT must hear, or continue to hear, and decide the application under the repealed regulation as in force immediately before the commencement.\nSubsection (5) applies if—\nimmediately before the commencement, a person could have applied to QCAT under section 65A of the Act , as applied by section 220 of the repealed regulation, to review a decision mentioned in subsection (1)(a); and\nthe person had not made the application before the commencement.\nSubsection (5) also applies in relation to a decision made under section 276(2) or (5).\nThe person may apply to QCAT for a review of the decision under the repealed regulation as in force immediately before the commencement.\nIf the person applies for a review of the decision, QCAT must review the decision under the repealed regulation as in force immediately before the commencement.\nIf QCAT decides in favour of the applicant, the chief executive must give effect to QCAT’s decision under the repealed regulation as in force immediately before the commencement.\nIf QCAT decides that an administrative determination the subject of the review must be made, the administrative determination must be made under the repealed regulation.\nIf QCAT refers the matter to the chief executive with directions—\nthe matter must be dealt with under the repealed regulation as in force immediately before the commencement; and\nthe chief executive must follow QCAT’s directions to the extent possible.\nIf QCAT confirms the decision being reviewed, despite the repeal of the repealed regulation—\nthe matter to which the decision relates continues to be a matter to be dealt with under the repealed regulation as in force immediately before the commencement; and\nIf the decision reviewed relates to an application for an administrative determination, the application continues to be an application for an administrative determination under the repealed regulation as in force immediately before the commencement.\nany further decision about the matter must be made under the repealed regulation as in force immediately before the commencement.\nFor subsections (2) and (5) to (9), the repealed regulation continues to have effect as if this regulation had not been made.\n(sec.277-ssec.1) Subsection (2) applies if, before the commencement— a person applied to QCAT under section 65A of the Act , as applied by section 220 of the repealed regulation, to review a decision made under section 65 of the Act confirming a reviewable decision; and the review had not been decided.\n(sec.277-ssec.2) QCAT must hear, or continue to hear, and decide the application under the repealed regulation as in force immediately before the commencement.\n(sec.277-ssec.3) Subsection (5) applies if— immediately before the commencement, a person could have applied to QCAT under section 65A of the Act , as applied by section 220 of the repealed regulation, to review a decision mentioned in subsection (1)(a); and the person had not made the application before the commencement.\n(sec.277-ssec.4) Subsection (5) also applies in relation to a decision made under section 276(2) or (5).\n(sec.277-ssec.5) The person may apply to QCAT for a review of the decision under the repealed regulation as in force immediately before the commencement.\n(sec.277-ssec.6) If the person applies for a review of the decision, QCAT must review the decision under the repealed regulation as in force immediately before the commencement.\n(sec.277-ssec.7) If QCAT decides in favour of the applicant, the chief executive must give effect to QCAT’s decision under the repealed regulation as in force immediately before the commencement. If QCAT decides that an administrative determination the subject of the review must be made, the administrative determination must be made under the repealed regulation.\n(sec.277-ssec.8) If QCAT refers the matter to the chief executive with directions— the matter must be dealt with under the repealed regulation as in force immediately before the commencement; and the chief executive must follow QCAT’s directions to the extent possible.\n(sec.277-ssec.9) If QCAT confirms the decision being reviewed, despite the repeal of the repealed regulation— the matter to which the decision relates continues to be a matter to be dealt with under the repealed regulation as in force immediately before the commencement; and If the decision reviewed relates to an application for an administrative determination, the application continues to be an application for an administrative determination under the repealed regulation as in force immediately before the commencement. any further decision about the matter must be made under the repealed regulation as in force immediately before the commencement.\n(sec.277-ssec.10) For subsections (2) and (5) to (9), the repealed regulation continues to have effect as if this regulation had not been made.\n- (a) a person applied to QCAT under section 65A of the Act , as applied by section 220 of the repealed regulation, to review a decision made under section 65 of the Act confirming a reviewable decision; and\n- (b) the review had not been decided.\n- (a) immediately before the commencement, a person could have applied to QCAT under section 65A of the Act , as applied by section 220 of the repealed regulation, to review a decision mentioned in subsection (1)(a); and\n- (b) the person had not made the application before the commencement.\n- (a) the matter must be dealt with under the repealed regulation as in force immediately before the commencement; and\n- (b) the chief executive must follow QCAT’s directions to the extent possible.\n- (a) the matter to which the decision relates continues to be a matter to be dealt with under the repealed regulation as in force immediately before the commencement; and Example— If the decision reviewed relates to an application for an administrative determination, the application continues to be an application for an administrative determination under the repealed regulation as in force immediately before the commencement.\n- (b) any further decision about the matter must be made under the repealed regulation as in force immediately before the commencement.","sortOrder":364},{"sectionNumber":"sec.278","sectionType":"section","heading":"Return of licences","content":"### sec.278 Return of licences\n\nThis section applies if, before the commencement, an authorised officer seized, under section 218 of the repealed regulation, a licence or driver authorising document granted under the repealed regulation.\nSection 219 of the repealed regulation continues to apply in relation to the seizure as if this regulation had not been made.\n(sec.278-ssec.1) This section applies if, before the commencement, an authorised officer seized, under section 218 of the repealed regulation, a licence or driver authorising document granted under the repealed regulation.\n(sec.278-ssec.2) Section 219 of the repealed regulation continues to apply in relation to the seizure as if this regulation had not been made.","sortOrder":365}],"analysis":{"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"},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":false,"description":"This regulation remains focused on the original purpose: implementing the ADG Code for road transport and prescribing duties to reduce transport risks (sec.3). Compared with earlier instruments it adds administrative detail (registers, electronic issuing, mutual recognition mechanics and transitional protections), updates references to newer ADG Code editions and formalises approvals/exemption processes and insurance/self‑insurance options. Those additions increase administrative and operational detail but stay within the original policy scope (safety and regulation of dangerous goods road transport) rather than expanding the subject matter significantly beyond that purpose."},"complexity_factors":["Extensive cross‑references to the ADG Code (many chapters and editions) across nearly every Part (constant external dependency)","Large number of defined terms and technical classifications (UN classes/divisions, packing groups, subsidiary hazards — secs.34–36 and schedule references)","Many conditional duties allocating obligations across different actors (consignors, packers, loaders, prime contractors, owners, drivers, occupiers) with overlapping liability (repeated duty constructs in Parts 4–14)","Wide administrative discretion given to the chief executive (determinations, approvals, conditions, registers) with many subordinate processes (secs.23–26, 50, 54, 172–180)","Separate licensing regimes for drivers and vehicles with medical, competency, inspection and renewal rules and fees (Part 18; secs.189–196; secs.206–213)","Complex exceptions and limited‑quantity rules (secs.5, 6, 45, 19, 19A) creating nested thresholds and calculations (aggregate quantity — schedule 3)","Mutual recognition and national coordination machinery (competent authorities panel, corresponding determinations/approvals/exemptions/licences — secs.160–164, 169–183) adding interstate conditionality","Large number of offence provisions and varied penalties (many sections specify different maximum penalty units depending on role and offence)","Comprehensive transitional and saving provisions (Part 22, secs.250–278) that crosslink the repealed 2008 regulation and edition changes (secs.249A–249C)","Recordkeeping, registers and evidence rules with public inspection obligations and electronic processing provisions (Parts 15, 17, 21; secs.28–29, 156–157, 235–240)"],"plain_english_summary":"**What this regulation does (mechanics first)\n\n- Sets out detailed safety and administrative rules for transporting dangerous goods by road in Queensland. It does this by adopting and applying the Australian Dangerous Goods (ADG) Code into State law and by prescribing duties, approvals, licences and penalties across the supply chain (see sec.3 and secs.8–12).\n\n- Allocates responsibilities to specific people and roles: consignors (who send the goods), packers, loaders, prime contractors (organisations that contract transport), vehicle owners, drivers, manufacturers and occupiers of premises (multiple duties throughout Parts 4–14; e.g. packing, marking, placarding, stowage, segregation, bulk transfer, emergency response).\n\n- Creates a licensing and approvals regime: dangerous goods driver licences and dangerous goods vehicle licences (eligibility, medical and competency evidence, fees, periods and conditions are set out in Part 18; see secs.189–196 and secs.206–213). It also authorises the chief executive to approve tests, training courses, packaging designs, segregation methods, emergency information and other departures from the ADG Code (secs.21, 50, 53, 113, 133).\n\n- Establishes administrative powers and processes: the chief executive may make determinations (what goods are dangerous, what routes/vehicles/quantities are permitted etc.), keep public registers of determinations/approvals/exemptions/licences, impose conditions and require records and evidence (see Parts 1, 15–17; secs.23–30, 28–29, 155–179).\n\n- Requires safety measures during transport and emergencies: marking and labelling (Part 5), placarding thresholds and rules (secs.83–88), vehicle/equipment standards (Part 6), training and competency (secs.20–21), emergency plans and telephone advisory services for placard loads (secs.151–152), and incident notification and assistance (secs.148, 150, 153–154).\n\n- Imposes high-level financial robustness requirements for placard loads: owners and prime contractors must ensure insurance or approval for self-insurance of at least $5,000,000 for certain clean‑up and damage exposures (secs.242–245).\n\nWho it affects and what they must do\n\n- Industry actors: consignors, packers, loaders, prime contractors and drivers must follow ADG Code requirements as incorporated here (packaging, marking, loading, segregation, documentation, emergency planning) and may face fines for non‑compliance (many offences with penalties up to 40–60 penalty units; see multiple sections in Parts 4–14).\n\n- Vehicle and packaging manufacturers and test houses: must use approved designs, testing facilities and mark/plate tanks and containers as required (secs.49–52, 63–66).\n\n- Licenced drivers and vehicles: operators carrying placard loads or goods above specified thresholds must hold the relevant dangerous goods licences and carry authorising documentation (secs.186–187, 214).\n\n- Insurers and owners: owners or prime contractors of vehicles carrying placard loads must hold specified insurance or obtain a chief executive approval for self-insurance, and produce evidence on request (secs.242–245, 244).\n\nWhy it matters (claimed purpose and practical implications)\n\n- Claimed purpose: the regulation says it prescribes obligations of people involved in road transport of dangerous goods, reduces risks from road transport of dangerous goods, implements the ADG Code, and aligns road transport standards with other modes (sec.3).\n\n- Practical implications and trade-offs:\n  - Compliance costs and behaviour change: businesses will incur recurring costs — training and tests for drivers (secs.20–21, 191), approved packaging and testing (secs.49–52, 55), recordkeeping and transport documentation (secs.126–128, 127), vehicle inspections and licence fees (Part 21, sec.246), and insurance premiums or the administrative work to seek self‑insurance approval (secs.242–245). These costs fall on consignors, prime contractors, vehicle owners and drivers.\n  - Administrative discretion: the chief executive holds broad powers to make determinations, grant approvals and exemptions, impose conditions, and require evidence (secs.23–26, 50, 54, 113, 172–179). That centralises many safety‑judgements in one office and means decision outcomes (and timing) affect operator options and costs.\n  - Market effects: the rules tend to standardise packaging, testing and competence requirements (which supports competition on safety) but raise the fixed and variable costs of entry/operation for small carriers or one‑off consignors (sec.6 special rules for tools of trade and small private loads). The mutual recognition and competent authorities panel provisions (secs.160–164, 169–183) reduce friction for interstate operations but require coordination with other jurisdictions.\n  - Risk allocation and concentrated benefits: approvals, exemptions or bespoke determinations can benefit particular operators (e.g. authorisations for special methods or device designs) while the compliance burden (and costs) is spread across the industry. Approvals may enable innovation (e.g. alternate overpack methods — sec.53) but also create opportunities for targeted lobbying to get narrow permissions.\n  - Implementation friction and transitional risk: the regulation cross‑references multiple ADG Code chapters and editions and contains transitional clauses to smooth edition changes (secs.8–12, 249A–249C). Operators must track which ADG Code edition and which State determinations apply — an ongoing compliance cost.\n\nWho pays, who decides, what behaviour changes\n\n- Who pays: consignors/packers/loaders, prime contractors and vehicle owners bear the bulk of compliance costs (training, packaging, inspections, licences, insurance). Drivers bear time costs (training/medical checks) and must hold licences where required. Consumers bear indirect costs through higher transport prices.\n- Who decides: primary decision‑makers are the chief executive (wide approval/determination powers), authorised officers for enforcement and seizure, and the competent authorities panel for cross‑jurisdictional harmonisation (secs.23–26, 28, 160–164, 169–183).\n- Behaviour changes expected: more formal training and certification of personnel; changes in packaging, labelling and vehicle choice; route and scheduling changes to comply with placarding/route/area determinations; stronger insurance cover or applying for self‑insurance approvals; more recordkeeping and readiness for emergency response.\n\nKey mechanics to check when using this regulation (useful operational checklist)\n\n- Is the good classified under the ADG Code or a chief executive determination? (secs.32–36, 23)\n- Do ADG Code thresholds trigger marking/placarding/licensing? (secs.45, 78, 83, 186–187)\n- Are packaging designs and testing certified and recorded? (secs.47–52)\n- Have driver and vehicle licences and any required emergency plans and telephone advisory services been arranged? (Parts 11, 13, 18; secs.151–152)\n- Is the required insurance in place or has a self‑insurance approval been obtained? (secs.242–245)\n\nSources in the regulation: main purposes (sec.3); exemptions (sec.5); training (secs.20–21); determinations and approvals (secs.23–26, 49–54, 113–114); packaging and labelling (Parts 4–5); placarding (secs.83–88); licences (Part 18); insurance (secs.242–245); emergency duties and plans (Parts 13–14); mutual recognition (secs.160–164)."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":8,"scope_assessment":{"changed":false,"description":"The regulation's scope is consistent with its stated purposes. It focuses on road transport of dangerous goods in Queensland, implements the ADG Code, prescribes obligations across the supply chain, and creates exemptions for low-risk and non-commercial transport. There is no evidence of scope creep beyond these stated aims — the detail and complexity reflects the technical nature of dangerous goods regulation rather than expansion beyond the original intent."},"complexity_factors":["Extensive cross-referencing to an external technical document — the Australian Dangerous Goods (ADG) Code — which itself is large and technical","Multiple layered exemption regimes with precise numerical thresholds (e.g., 500L, 500kg, 25% of a placard load, aggregate quantity calculations) that interact with each other","UN classification system with classes, divisions, categories, packing groups and subsidiary hazards creates a multi-dimensional matrix for categorising goods","Obligations fall on multiple distinct duty holders (consignors, packers, loaders, prime contractors, drivers, managers) with different standards and penalties for each","Administrative determination system layered on top of the substantive rules, allowing case-by-case variation of obligations","Incorporation of international conventions and standards (UN Model Regulations, International Convention for Safe Containers) by reference","Distinction between 'tools of trade' transport, private transport, and commercial transport creates overlapping regimes","Interaction with multiple other Queensland statutes (Explosives Act, Radiation Safety Act, Transport Operations Act) and national model legislation","Technical definitions for containers (bulk container, IBC, MEGC, portable tank) with precise capacity and design criteria","Participating vs non-participating jurisdictions framework adds an intergovernmental layer"],"plain_english_summary":"This Queensland regulation sets safety rules for transporting dangerous goods by road — who must follow them, required training, approved packaging and marking, vehicle placarding for larger loads, and official determinations about specific goods or routes. It also describes limited exemptions (very small household quantities, normal vehicle consumables, some emergency or other-law-covered goods) and lighter \"tools of trade\" rules for tradespeople.\n\nIt affects drivers, transport businesses, packers, tradies, emergency responders and members of the public who move hazardous materials, aiming to reduce spills, fires and casualties and align with national standards."},"kimi_summary":{"_metrics":{"completionTokens":733},"content_quality":"ok","complexity_score":9,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original purpose as a dangerous goods road transport safety regulation. While it has been amended multiple times (noted in 2019, 2020, 2022, 2023, 2024), these amendments appear to be technical updates, clarifications, and additions to implement the ADG Code rather than scope expansion beyond road transport dangerous goods regulation."},"complexity_factors":["Extensive cross-referencing to the ADG Code (Australian Dangerous Goods Code) — an external technical standard that is incorporated by reference throughout","Multiple overlapping duty-holder frameworks with slightly different obligations for consignors, packers, loaders, prime contractors, and drivers","Nested conditional thresholds for licensing and placarding (e.g., 500L/500kg triggers, aggregate quantity calculations, percentage-based exemptions)","Complex exemption structures including 'limited quantities', 'excepted quantities', 'tools of trade', and 'prescribed exempt transport' with multiple sub-conditions","Mutual recognition provisions with other Australian jurisdictions and the 'competent authorities panel' creating multi-layered administrative pathways","Detailed licensing requirements for drivers and vehicles with multiple evidence types (driver licence, competency, medical fitness)","Segregation rules requiring reference to ADG Code chapter 9.1 and compatibility determinations","Bulk transfer provisions with specific distance requirements from ignition sources (8m/10m depending on goods class)","Emergency information and telephone advisory service requirements with specific technical compliance thresholds","Multiple amendment history notes showing evolving complexity (2020, 2022, 2023, 2024 amendments)"],"plain_english_summary":"This Queensland regulation governs how **dangerous goods** (things like explosives, flammable liquids, toxic chemicals, radioactive materials, etc.) can be **transported by road**.\n\n**What it does:**\n- Sets safety rules for everyone involved in moving dangerous goods — from the person sending them (**consignor**), to the person packing them (**packer**), loading them (**loader**), the transport company (**prime contractor**), and the **driver**.\n- Requires proper **packaging** that meets Australian standards (the \"ADG Code\" — a technical rulebook incorporated into this law).\n- Mandates **labelling and placarding** so emergency services know what's in a vehicle.\n- Requires **licences** for drivers and vehicles carrying large quantities (over 500L or 500kg per container).\n- Sets rules for **segregating incompatible goods** (so chemicals that could react dangerously aren't mixed).\n- Requires **emergency plans** and **telephone advisory services** for serious loads.\n- Covers **bulk transfers** (pumping liquids/gases into tanker trucks) with specific safety distances from ignition sources.\n\n**Who it affects:**\n- Anyone in the transport chain: manufacturers, packers, loaders, trucking companies, drivers.\n- Businesses using \"tools of trade\" exemptions (small commercial quantities).\n- Emergency services who need to respond to incidents.\n\n**Key exemptions:**\n- Small quantities for personal or limited commercial use.\n- Goods already regulated under other laws (radioactive materials, explosives).\n- Vehicle fuel systems and safety equipment (airbags, fire extinguishers).\n\n**Why it matters:**\nThis law aims to prevent accidents, spills, fires, and explosions on Queensland roads, and ensure consistent rules across Australia through mutual recognition with other states."}},"importantCases":[],"_links":{"self":"/api/acts/transport-operations-road-use-management-dangerous-goods-regulation-2018","history":"/api/acts/transport-operations-road-use-management-dangerous-goods-regulation-2018/history","analysis":"/api/acts/transport-operations-road-use-management-dangerous-goods-regulation-2018/analysis","conflicts":"/api/acts/transport-operations-road-use-management-dangerous-goods-regulation-2018/conflicts","importantCases":"/api/acts/transport-operations-road-use-management-dangerous-goods-regulation-2018/important-cases","documents":"/api/acts/transport-operations-road-use-management-dangerous-goods-regulation-2018/documents"}}