48Approval of packaging designs

48 Approval of packaging designs

48 Approval of packaging designs

(1) The Competent Authority may, on application in accordance with section 46, approve a design for a packaging for use in the transport of dangerous goods if it is satisfied a packaging of the design—

(a) will comply with, or is permitted by, Part 6 of the ADG Code, and

(b) satisfies all the relevant testing and inspection requirements set out in Part 6 of the ADG Code.

(2) In determining whether packaging of a particular design satisfies a particular testing requirement, the Competent Authority may rely on a test certificate, issued by a recognised testing facility, that complies with section 50.

(3) In giving its approval, the Competent Authority may impose, in relation to the approval, a condition about the construction, packing, use or maintenance of a packaging manufactured in accordance with the design necessary for the safe use of the packaging to transport dangerous goods.

(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 reasonably ought to know—

(a) a condition about the construction, packing, maintenance or use of the packaging was imposed in relation to the approval of the design for the packaging, and

(b) the construction, packing, failure to maintain or use is in contravention of the condition.

Maximum penalty—

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

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