174Prime contractor’s and rail operator’s duties—food or food packaging

174 Prime contractor’s and rail operator’s duties—food or food packaging

174 Prime contractor’s and rail operator’s duties—food or food packaging

(1) This section applies if—

(a) an incident involving a vehicle transporting dangerous goods results in the leakage, spillage or accidental escape of the dangerous goods, or in a fire or explosion, and

(b) there is food or food packaging in the vicinity of the incident that is within the control of a prime contractor or rail operator.

(2) If the food or food packaging is within the control of a prime contractor, the prime contractor must ensure the food or food packaging is not transported from the site of the incident unless the Competent Authority has given permission to the prime contractor to transport the food or food packaging from the site.

Maximum penalty—

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

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

(3) If the food or food packaging is within the control of a rail operator, the rail operator must—

(a) notify the Competent Authority of the incident as soon as is practicable after the incident, and

(b) deal with the food or food packaging as directed by the Competent Authority.

Maximum penalty—

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

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

(4) A permission under subsection (2) or a direction under subsection (3)—

(a) must be written, and

(b) must state the name of the person to whom it is given, and

(c) must identify the relevant incident, and

(d) must identify the food or food packaging to which it relates, and

(e) must take into consideration any requirements of the appropriate food and health authorities, and

(f) may contain other information the Competent Authority considers necessary.