131Occupier’s duties

131 Occupier’s duties

131 Occupier’s duties

(1) The occupier of premises where the bulk transfer of dangerous goods occurs must ensure a hose assembly on the premises used, or intended to be used, for the transfer—

(a) has been constructed, assembled and maintained in accordance with Chapter 10.1 of the ADG Code, and

(b) has been inspected and tested at the intervals, and in the way, required under Chapter 10.1 of the ADG Code, and

(c) satisfies each test under Chapter 10.1 of the ADG Code.

Maximum penalty—

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

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

(2) Subsection (1) does not apply to a hose assembly brought on to the premises on the vehicle involved in the transfer.

(3) The occupier of premises where the bulk transfer of dangerous goods occurs must ensure the goods are transferred—

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

(b) in a way that averts, eliminates or minimises risk.

Maximum penalty—

(a) for an individual—40 penalty units, or

(b) for a body corporate—200 penalty units.

(4) The occupier 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, carried out on the hose assembly.

Maximum penalty—

(a) for an individual—10 penalty units, or

(b) for a body corporate—50 penalty units.

(5) It is a defence to a prosecution for an offence against subsection (3) that the person complied with subsection (3) as far as practicable.