130Transferor’s duties—general

130 Transferor’s duties—general

130 Transferor’s duties—general

(1) A person engaged in the bulk transfer of dangerous goods must ensure the goods are transferred—

(a) in accordance with Chapter 10.2 of the ADG Code, and

(b) in a way that eliminates the risk or, if it is not possible to eliminate the risk, minimises the risk to the maximum extent practicable.

Maximum penalty—

(a) for an individual—20 penalty units, or

(b) for a body corporate—100 penalty units.

(2) A person engaged in the bulk transfer of dangerous goods must not transfer dangerous goods if the person knows, or reasonably ought to know—

(a) the receiving receptacle or the transfer equipment is incompatible with the dangerous goods, or

(b) the receptacle contains incompatible goods.

Maximum penalty—

(a) for an individual—20 penalty units, or

(b) for a body corporate—100 penalty units.

(3) If dangerous goods leak, spill or accidentally escape during a bulk transfer, the person transferring the goods—

(a) must immediately stop transferring the goods, and

(b) must take all practicable steps to avert, eliminate or minimise risk, and

(c) must not start transferring the goods again until the conditions causing the leak, spill or escape have been rectified.

Maximum penalty—

(a) for an individual—20 penalty units, or

(b) for a body corporate—100 penalty units.

(4) It is a defence to a prosecution for an offence against subsection (1) that the person complied with subsection (1) as far as practicable.