VICIn ForceAct
Dangerous Goods Act 1985
31AGoods too dangerous to be transported
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31A Goods too dangerous to be transported
S. 31A(1) amended by No. 38/2019 s. 5(1).
(1) A person must not consign goods for transport if the goods are classified by the regulations as goods too dangerous to be transported.
S. 31A(2) amended by No. 38/2019 s. 5(2).
(2) A person must not arrange for the transportation of goods on a vehicle owned or controlled by the person if the goods are classified by the regulations as goods too dangerous to be transported.
(3) An offence against subsection (1) or (2) is an indictable offence.
Note to s. 31A(3) amended by No. 68/2009 s. 97(Sch. item 44.8).
(4) For the purposes of subsection (1), the person who consigns goods for transport is—
(a) the person named or otherwise identified in transport documentation, with the person's authority, as the consignor of the goods; or
(b) if no person is so named or identified, the person to whom subsection (5) or (6) applies.
(5) This subsection applies to—
(a) the person who engages a prime contractor or rail operator, either directly or through an agent or other intermediary, to transport the goods; or
(b) if paragraph (a) does not apply to anyone, the person who has possession of, or control over, the goods immediately before the goods are transported; or
(c) if neither paragraph (a) nor (b) applies to anyone, the person who loads a vehicle with the goods, for transport, at a place—
(i) where the dangerous goods are awaiting collection; and
(ii) that is unattended (except by the driver) during loading.
(6) If subsection (5) does not apply to anyone, this subsection applies to the person who imports the goods into Australia.
S. 31B inserted by No. 66/2008 s. 20.