Part 1 General, Interpretation, Training and Offence Provisions

Division 1 Introductory and application

1 Short title

These regulations may be cited as the Dangerous Goods (Road and Rail Transport) Regulations 2021 .

2 Commencement

These regulations take effect on 15 December 2021.

3 Main objects

The main objects of these regulations are –

(a) to set out the obligations of persons involved in the transport of dangerous goods by land transport; and

(b) to reduce as far as practicable the risks of personal injury, death, property damage and environmental harm arising from the transport of dangerous goods by land transport; and

(c) to give effect to the standards, requirements and procedures of the ADG Code so far as they apply to the transport of dangerous goods by land transport; and

(d) to promote consistency between the standards, requirements and procedures applying to the transport of dangerous goods by land transport and other modes of transport.

4 Dangerous situations

These regulations do not apply to the transport of dangerous goods by, or at the direction of, an authorised officer or an officer of an emergency service, to the extent necessary to avert, eliminate or minimise a dangerous situation.

5 Exempt transport

(1)  In this regulation –

designated dangerous goods means dangerous goods of –

(a) UN Class 1 (explosives), except –

(i) goods of Division 1.4S; and

(ii) track signals carried in a unit of rolling stock for the safety of persons working in rail transport; or

(b) Category A of UN Division 6.2 (infectious substances); or

(c) UN Class 7 (radioactive material).

(2)  These regulations do not apply to the transportation of a load that contains dangerous goods by a person if –

(a) the load does not contain –

(i) dangerous goods in a receptacle with a capacity of more than 500 litres or kilograms; or

(ii) more than 500 kilograms of dangerous goods in a receptacle; and

(b) the load does not include any designated dangerous goods; and

(c) the aggregate quantity of the dangerous goods in the load is less than 25% of a placard load; and

(d) the goods are not being transported by the person in the course of a business of transporting goods by road; and

(e) in relation to transport by rail, the goods are not being transported by the person on a passenger train.

6 Further exemptions

(1)  These regulations do not apply to the transport by road or rail, or by road and rail, of dangerous goods of UN Class 7 (radioactive material) except when being transported with other dangerous goods.

(2)  These regulations do not apply to the transport by a vehicle by road or rail, or both road and rail, of dangerous goods –

(a) that are not UN Division 6.2 substances and that are in a consignment where the aggregate quantity of dangerous goods is not more than the quantity set out in section 1.1.1.2(3)(a) of the ADG Code; or

(b) in the vehicle’s fuel tank; or

(c) in an appliance or plant that forms part of the vehicle and that is necessary for its operation; or

(d) that are portable fire-fighting equipment or other portable safety equipment and that are part of the safety equipment of the vehicle.

7 Special provisions for tools of trade

(1)  This regulation applies to a load if –

(a) for loads –

(i) not including dangerous goods of UN Division 2.1 (other than aerosols), UN Division 2.3 or Packing Group I – the load includes an aggregate quantity of dangerous goods of less than 500; or

(ii) including dangerous goods of UN Division 2.1 (other than aerosols), UN Division 2.3 or Packing Group I –

(A) the load includes an aggregate quantity of dangerous goods of less than 250; and

(B) any dangerous goods of UN Division 2.3 or Packing Group I together constitute less than 100 of that aggregate quantity; and

(b) the goods are not being transported in the course of a business of transporting goods but are being transported –

(i) by a person who intends to use them; or

(ii) so that they may be used for a commercial purpose.

(2)  A person transporting a load to which this regulation applies is exempt from all obligations imposed by these regulations other than those imposed by this regulation.

(3)  A person must not transport a load to which this regulation applies unless each package in the load –

(a) complies with the packaging requirements appropriate to the quantity of dangerous goods, as specified in Part 4 ; and

(b) is labelled and marked as specified in Division 1 of Part 5 ; and

(c) is loaded, secured, segregated, unloaded and otherwise transported in such a way as to ensure that –

(i) its packaging remains fit for its purpose; and

(ii) the risks to any person, property or the environment are eliminated, or if it is not practicable to eliminate the risks, are minimised to the maximum extent possible.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 170 penalty units; or

(b) an individual, a fine not exceeding 35 penalty units.

(4)  If a load to which this regulation applies contains an aggregate quantity of dangerous goods of UN Class 3, 4, 5 or 6 of more than 250, a person must not transport the load –

(a) in the passenger compartment of a vehicle; or

(b) in an enclosed space that is not separated from the passenger compartment of the vehicle.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 170 penalty units; or

(b) an individual, a fine not exceeding 35 penalty units.

(5)  If a load to which this regulation applies contains an aggregate quantity of more than 50 for dangerous goods of Division 2.1, Division 2.3 and Packing Group I, a person must not transport the load –

(a) in the passenger compartment of a vehicle; or

(b) in any other enclosed space in the vehicle unless the space is sufficiently ventilated to prevent an accumulation of vapours or fumes that is likely to cause risk.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 170 penalty units; or

(b) an individual, a fine not exceeding 35 penalty units.

Division 2 Interpretation

8 Definitions

(1)  In these regulations, unless the contrary intention appears –

Act means the Dangerous Goods (Road and Rail Transport) Act 2010 ;

administrative determination means a determination to which regulation 24 applies;

ADG Code means the Australian Code for the Transport of Dangerous Goods by Road and Rail approved by the Transport and Infrastructure Council, as in force or remade from time to time;

ADR approved means approved in accordance with the Agreement Concerning the International Carriage of Dangerous Goods by Road published by the Inland Transport Committee of the Economic Commission for Europe;

aggregate quantity, in relation to a load containing dangerous goods, means the total of –

(a) the number of kilograms in the load of –

(i) solid dangerous goods; and

(ii) articles, including aerosols; and

(b) the number of litres or kilograms, being whichever is used in the transport documentation for the load to describe the goods, of liquid dangerous goods in the load; and

(c) the total capacity in litres of receptacles in the load containing dangerous goods of UN Class 2 (except aerosols);

appropriately marked has the meaning given by regulation 71 ;

approval means an approval that is in effect and made by the Competent Authority or an authorised body under these regulations;

approved packaging means –

(a) packaging of a design that is approved under regulation 51 ; or

(b) foreign-approved packaging;

approved tank means –

(a) a tank of a design that is approved under regulation 51 ; or

(b) a foreign-approved tank;

approved test means a test that is approved under regulation 20(1)(a) ;

approved training course means a training course that is approved under regulation 20(1)(b) ;

article means a manufactured item, other than a fluid or a particle, that –

(a) is formed into a particular shape or design during manufacture; and

(b) has hazard properties and a function that are wholly or partly dependent on that shape or design –

and includes batteries, aerosols, gas-filled lighters, seat belt pre-tensioners and refrigerating machines;

Australian Explosives Code means the Australian Code for the Transport of Explosives by Road and Rail published by the Commonwealth, as amended from time to time;

Australian Road Rules means the Road Rules;

authorised body means a person or body authorised under regulation 51 to issue approvals;

bulk container has the meaning given by regulation 13 ;

CAP means the Competent Authorities Panel established by the Competent Authorities Panel Rules made by the National Transport Commission on 13 June 2008, as amended from time to time;

capacity means the total internal volume of packaging at a temperature of 15° Celsius, expressed in litres or cubic metres;

cargo transport unit means –

(a) a road transport tank, or freight, vehicle; or

(b) a railway transport tank, or freight, wagon; or

(c) a portable tank; or

(d) a bulk container; or

(e) a freight container; or

(f) an MEGC;

Category, for dangerous goods, has the meaning given by regulation 32 ;

compliance plate means a plate that must be attached to a portable tank, MEGC or tank vehicle under Part 6 of the ADG Code and includes identification plates;

corresponding approval means an approval to which regulation 173 applies;

corresponding dangerous goods driver licence means a licence to which regulation 174 applies that has effect in this jurisdiction under that regulation as a dangerous goods driver licence;

corresponding dangerous goods vehicle licence means a licence to which regulation 174 applies that has effect in this jurisdiction under that regulation as a dangerous goods vehicle licence;

corresponding determination means a determination to which regulation 171 applies;

corresponding exemption means an exemption to which regulation 172 applies;

dangerous goods driver licence means a licence that is in force under Division 3 of Part 18 ;

Dangerous Goods List means the list set out in 3.2.3 of the ADG Code;

dangerous goods vehicle licence means a licence that is in force under Division 4 of Part 18 ;

demountable tank means a tank, other than a portable tank, that is designed to be carried on a vehicle but that does not form part of and is not permanently attached to the vehicle and is designed to be removable;

determination means a determination that is made by the Competent Authority under Division 5 of this Part and that is in effect;

driving licences register of a State or Territory means a register kept by the driver licensing authority of the State or Territory containing information about any licence authorising the licensee to drive a road vehicle;

emergency service means –

(a) an ambulance, fire, police or other emergency service of a participating jurisdiction; or

(b) a unit of the Defence Force corresponding to a service mentioned in paragraph (a);

exemption means an exemption in force under section 64 of the Act;

food includes –

(a) a substance prepared or intended for human or animal consumption; and

(b) a substance (except dangerous goods) intended to be an ingredient of food;

food packaging means –

(a) a receptacle that contains, or is designed or intended to contain, food; or

(b) material designed or intended to be used in a receptacle that is designed or intended to contain food;

foreign-approved, in relation to packaging, means packaging that has the markings required by Part 6 of the ADG Code for packaging of its type, in confirmation that the packaging is ADR, ICAO, IMO, RID or UN approved;

| Note Types of foreign-approved packaging include, but are not limited to, bulk containers, IBCs, large packagings, MEGCs, portable tanks, pressure drums and tubes that are ADR, ICAO, IMO, RID or UN approved. |

freight container means a re-useable container of the kind mentioned in Australian/New Zealand Standard AS/NZS 3711 that is designed for repeated use for the transport of goods by one or more modes of transport;

goods too dangerous to be transported has the meaning given by regulation 31 ;

hose assembly means a hose, or hoses connected together, for use in the transfer of dangerous goods to or from a tank on a vehicle, portable tank or storage receptacle and includes –

(a) if there are 2 or more hoses connected together, the connections between the hoses; and

(b) the attachment connecting the hose or hoses to the tank; and

(c) anything else (except the vehicle, portable tank or storage receptacle) attached to the hose or hoses;

IBC means an intermediate bulk container within the meaning of regulation 14 ;

ICAO approved means approved in accordance with the ICAO Technical Instructions;

ICAO Technical Instructions means the Technical Instructions for the Safe Transport of Dangerous Goods by Air published by the International Civil Aviation Organization;

IMDG Code means the International Maritime Dangerous Goods Code published by the International Maritime Organization;

IMO-approved means approved in accordance with the IMDG Code;

incompatible has the meaning given by regulation 35 ;

inner packaging, in relation to goods for which outer packaging is required for the goods to be transported, means any packaging that is, or that is to be, contained or protected by the outer packaging;

large packaging means outer packaging that –

(a) is designed for mechanical handling; and

(b) has a capacity of not more than 3m3; and

(c) is intended to contain articles or inner packaging with –

(i) a net mass of more than 400kg; or

(ii) capacities totalling more than 450 litres;

MEGC means a multiple-element gas container within the meaning of regulation 15 ;

multimodal means applicable to, or suitable for use on, more than one mode of transport;

NATA means the National Association of Testing Authorities;

outer packaging means external packaging (including absorbent materials, cushioning and any other components) necessary for the purposes of transport to contain and protect –

(a) articles; or

(b) receptacles in composite packaging (as defined in 1.2.1.1 of the ADG Code); or

(c) inner packaging in combination packaging (as defined in 1.2.1.1 of the ADG Code);

overpack means packaging, other than large packaging, used to hold and consolidate packages of goods into a single unit for easier handling and stowage;

| Note An example is a pallet, together with strapping or shrink wrapping, designed to hold packages. |

packed in limited quantities has the meaning given by regulation 16 ;

Packing Group has the meaning given by regulation 34 ;

participating jurisdiction means –

(a) this jurisdiction; and

(b) any other State that has a corresponding law;

placard load means a load that contains dangerous goods that must be placarded under regulation 75 ;

portable tank means a multimodal tank that –

(a) is designed primarily to be loaded onto a vehicle or ship; and

(b) has a capacity of more than 450 litres; and

(c) is equipped with skids, mountings, stabilizers and accessories to facilitate mechanical handling; and

(d) is capable of being loaded and unloaded without removing its service equipment or structural equipment; and

(e) is capable of being lifted when full;

pressure drum means a welded transportable pressure receptacle of a water capacity of more than 150 litres but not more than 1 000 litres (eg a cylindrical receptacle equipped with rolling hoops, spheres on skids);

prime mover means a road vehicle that is designed to tow a trailer but does not include a vehicle that has a load-carrying capacity in addition to a trailer;

provisional licence means a provisional or probationary licence (but not a learner licence) issued under a State or Territory law authorising a person who is a novice driver to drive a road vehicle;

rail authority, in respect of a train on a railway, means a person or body (whether or not a public authority) that is responsible for the care, control or management of the railway;

receptacle, in relation to a substance or article, means a container that is –

(a) for receiving and holding the substance or article (including anything that enables the container to be closed); and

(b) in contact with the substance or article;

recognised testing facility has the meaning given by regulation 48 ;

register has the meaning given by regulation 166 ;

registered means registered under a Commonwealth or State law;

RID approved means approved in accordance with the International Regulations Concerning the Carriage of Dangerous Goods by Rail published by the Inland Transport Committee of the Economic Commission for Europe;

risk means risk of personal injury, death, property damage or harm to the environment;

service equipment , in relation to a tank or MEGC, has the meaning given in 6.7.2.1, 6.7.3.1, 6.7.4.1 or 6.7.5.1, as the case requires, of the ADG Code;

structural equipment, in relation to a tank or MEGC, has the meaning given in 6.7.2.1, 6.7.3.1, 6.7.4.1 or 6.7.5.1, as the case requires, of the ADG Code;

subsidiary hazard has the meaning given by regulation 33 ;

tank has the meaning given by regulation 17 ;

tank vehicle means a road vehicle or unit of rolling stock –

(a) of which a tank forms part; or

(b) to which a tank (other than a portable tank) is attached;

Transport and Infrastructure Council means the Ministerial Council called the Transport and Infrastructure Council and established with the authority of the Council of Australian Governments;

tubes means seamless transportable pressure receptacles of a water capacity of more than 150 litres but not more than 3 000 litres;

UN approved means approved in accordance with the Model Regulations on the Transport of Dangerous Goods annexed to the Recommendations on the Transport of Dangerous Goods published by the United Nations;

UN Class, for dangerous goods, means the class to which dangerous goods belong in accordance with regulation 32 ;

UN Division, for dangerous goods, means the division to which dangerous goods of a particular UN Class belong in accordance with regulation 32 .

(2)  In these regulations, a reference to a provision of the ADG Code is –

(a) a reference to the provision of that number in the seventh edition of the ADG Code; or

(b) a reference to a provision in a subsequent edition of the ADG Code that is equivalent to the provision of that number in the seventh edition.

(3)  Unless the contrary intention appears, an expression used in these regulations that is defined in the ADG Code has the same meaning in these regulations as in the ADG Code.

9 References to codes, standards and rules

(1)  In this regulation –

instrument means a code, standard, regulation or rule (whether made in or outside Australia) relating to dangerous goods or to transport by road or rail, and includes a provision of an instrument.

(2)  In these regulations, a reference to an instrument includes a reference to another instrument as applied or adopted by, or incorporated in, the first instrument.

(3)  In these regulations, unless the contrary intention appears, a reference to an instrument is a reference to the instrument as amended from time to time.

(4)  If an instrument is amended or remade, a reference in these regulations to a provision of that instrument extends to the corresponding provision (if any) of the amended or remade instrument.

10 Inconsistency between these regulations and codes &c.

(1)  If all or part of a code, standard or rule (whether made in or outside Australia) relating to dangerous goods or to transport by road or rail is applied or adopted by, or is incorporated in, these regulations, and the code, standard or rule is inconsistent with these regulations, these regulations prevail to the extent of the inconsistency.

(2)  Despite subregulation (1) , if any provision that is applied, adopted by or incorporated in these regulations uses a term that is defined in both the relevant code, standard or rule and in these regulations, the provision is to be interpreted as if the term had the meaning set out in the code, standard or rule, unless the contrary intention appears.

11 References to determinations, exemptions, approvals and licences

In these regulations, a reference to –

(a) a determination, exemption, approval, dangerous goods driver licence or dangerous goods vehicle licence; or

(b) a corresponding determination, exemption, approval, dangerous goods driver licence or dangerous goods vehicle licence –

includes a reference to the determination, exemption, approval or licence as varied.

12 References to variation of determinations &c.

In these regulations, a reference to the variation of –

(a) a determination, exemption, approval, dangerous goods driver licence or dangerous goods vehicle licence; or

(b) a corresponding determination, exemption, approval, dangerous goods driver licence or dangerous goods vehicle licence –

includes a reference to a variation by addition, omission or substitution.

Note

An example of this is the addition of a new condition to an existing determination.

13 Meaning of bulk container

(1)  A bulk container is a container (with or without a liner or coating) that –

(a) has a capacity of 1.0m3 or more; and

(b) is intended for the transport of solid dangerous goods that are in direct contact with the container.

(2)  To avoid doubt, the following are not bulk containers even if they have a capacity of 1.0m3 or more and are intended for the transport of solid dangerous goods:

(a) a large packaging that complies with the requirements of Chapter 6.6 of the ADG Code;

(b) an IBC;

(c) a tank;

(d) a tank vehicle;

(e) any other packaging that complies with the requirements of Chapter 6.1 or 6.3 of the ADG Code.

14 Meaning of IBC

(1)  Subject to subregulation (2) , an intermediate bulk container means a rigid or flexible portable packaging for the transport of dangerous goods that complies with the specifications in Chapter 6.5 of the ADG Code and that –

(a) has a capacity of not more than –

(i) for solids of Packing Group I packed in a composite, fibreboard, flexible, wooden or rigid plastics container, 1 500 litres; and

(ii) for solids of Packing Group I packed in a metal container, 3 000 litres; and

(iii) for solids or liquids of Packing Groups II and III, 3 000 litres; and

(iv) for any other dangerous goods, 3 000 litres; and

(b) is designed for mechanical handling.

(2)  Rigid or flexible portable packaging that complies with the requirements of Chapter 6.1, 6.3 or 6.6 of the ADG Code cannot be an IBC.

15 Meaning of MEGC

In these regulations –

MEGC or multiple-element gas container means –

(a) multimodal assemblies of cylinders, tubes or bundles of cylinders that are interconnected by a manifold and assembled within a framework; and

(b) service and structural equipment necessary for the transport of gases in the cylinders or tubes.

16 Dangerous goods packed in limited quantities

Dangerous goods are packed in limited quantities if –

(a) the goods are packed in accordance with Chapter 3.4 of the ADG Code; and

(b) the quantity of dangerous goods in each inner packaging or in each article does not exceed the quantity specified, or referred to, in column 7a of the Dangerous Goods List for those goods.

17 Meaning of tank

(1)  Subject to subregulations (2) and (3) , tank means –

(a) a receptacle for receiving and holding dangerous goods; and

(b) any service equipment or structural equipment that enables the receptacle to transport those goods.

(2)  A receptacle for receiving and holding dangerous goods of UN Class 2 is not a tank unless it has a capacity of more than 450 litres.

(3)  The following are not tanks:

(a) packaging that complies with the requirements of Chapter 6.1, 6.3 or 6.6 of the ADG Code;

(b) an IBC;

(c) an MEGC;

(d) a cylinder;

(e) a pressure drum;

(f) a tube;

(g) a bulk container that complies with the requirements of Chapter 6.8 of the ADG Code.

Note

The kinds of packaging dealt with under Chapter 6.1 of the ADG Code include drums, barrels, jerry cans, boxes, bags and composite packaging. Chapter 6.3 of the ADG Code deals with packaging for infectious substances.

18 Meaning of loads

For the purposes of these regulations –

(a) all the goods in or on a road vehicle are a single load, even if the vehicle is transporting more than one cargo transport unit; and

(b) all the goods in or on a cargo transport unit being transported in or on a rail vehicle are a single load.

Division 3 Training

19 Instruction and training

(1)  This regulation applies to any task involved in the transport of dangerous goods, including the following:

(a) packing dangerous goods;

(b) consigning dangerous goods;

(c) loading dangerous goods;

(d) unloading dangerous goods;

(e) handling fumigated cargo transport units;

(f) marking packages;

(g) placarding placard loads;

(h) preparing transport documentation;

(i) maintaining vehicles and equipment used in the transport of dangerous goods;

(j) driving a vehicle transporting dangerous goods;

(k) being the consignee of dangerous goods;

(l) following the appropriate procedures in accordance with these regulations in a dangerous situation.

(2)  A person who is responsible for the management or control of a task must not employ, engage or permit someone else to perform the task if the other person –

(a) has not received, or is not receiving, appropriate instruction and training to ensure that he or she is able to perform the task safely and in accordance with these regulations; or

(b) is not appropriately supervised in performing the task to ensure that he or she is able to perform the task safely and in accordance with these regulations.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 170 penalty units; or

(b) an individual, a fine not exceeding 35 penalty units.

(3)  A person must not manage, control or supervise a task unless the person has received instruction and training to enable him or her to manage, control or supervise another person to perform the task safely and in accordance with these regulations.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 170 penalty units; or

(b) an individual, a fine not exceeding 35 penalty units.

20 Approvals – tests and training courses for drivers

(1)  The Competent Authority may, on application in accordance with regulation 182 , approve –

(a) a test of competence for drivers of road vehicles transporting dangerous goods; or

(b) a training course for drivers of road vehicles transporting dangerous goods.

(2)  The Competent Authority may approve a test of competence or a training course only if the Authority considers that a person who passes the test, or completes the course, will have the skills and knowledge to perform the task to which the test or course relates safely and in accordance with these regulations.

Division 4 Provisions about offences generally

21 Goods suspected of being dangerous goods

If it is not clear whether goods are dangerous goods, but a person suspects, or reasonably ought to suspect, that they are, the person must not consign or transport them until –

(a) the goods have been classified in accordance with the ADG Code; or

(b) a determination has been made under regulation 22(1)(a) .

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 170 penalty units; or

(b) an individual, a fine not exceeding 35 penalty units.

Division 5 Determinations

22 Determinations – dangerous goods and packaging

(1)  The Competent Authority may determine that goods are or are not –

(a) dangerous goods; or

(b) dangerous goods of a particular UN Class, UN Division or Category; or

(c) dangerous goods with a particular subsidiary hazard; or

(d) substances of a particular Packing Group; or

(e) incompatible with particular dangerous goods.

(2)  The Competent Authority may determine that particular dangerous goods –

(a) are or are not too dangerous to be transported; or

(b) must not be or may be transported in or on the same cargo transport unit or freight container as other goods, whether or not dangerous goods; or

(c) may or may not be transported in any packaging despite any prohibition or authorisation in the Dangerous Goods List.

23 Determinations – vehicles, routes, areas and times

(1)  In this regulation –

specified means specified by the Competent Authority.

(2)  The Competent Authority may determine that particular dangerous goods may be or must or must not be transported –

(a) using a specified vehicle, or kind of vehicle; or

(b) on a specified route; or

(c) in or through a specified area; or

(d) at a specified time; or

(e) in quantities in excess of a specified amount; or

(f) in specified packaging.

24 Administrative determinations

(1)  A determination is an administrative determination if the determination –

(a) is made on the application of a person; and

(b) applies only to the person, or to the person and to other people named in the application.

Note

Part 17 contains provisions dealing with administrative determinations, including applications for administrative determinations and their cancellation and variation.

(2)  A determination is also an administrative determination if it –

(a) is made at the initiative of the Competent Authority; and

(b) applies to one or more people named in the determination; and

(c) does not impose any obligation on any person, other than conditions that apply if action is taken on the basis of the determination.

(3)  A determination made at the initiative of the Competent Authority may be varied at the initiative of the Competent Authority.

25 Determinations may be subject to conditions

(1)  In making a determination, the Competent Authority may impose in relation to the determination any condition necessary for the safe transport of dangerous goods.

(2)  A person to whom a determination applies must not contravene a condition of the determination.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 170 penalty units; or

(b) an individual, a fine not exceeding 35 penalty units.

26 Effect of determinations on contrary obligations

If these regulations impose an obligation on a person, and the person is authorised or permitted by a determination made under this Division to act contrary to that obligation, the obligation is to be read as if it stated that the person could fulfil the obligation by acting in accordance with the determination.

27 Register of determinations

(1)  The Competent Authority must –

(a) keep a register of determinations; or

(b) with other Competent Authorities, keep a central register of determinations.

(2)  The register may have separate divisions for different kinds of determinations.

(3)  The Competent Authority must record in the register –

(a) each determination made under these regulations that is not an administrative determination; and

(b) each corresponding determination.

(4)  The Competent Authority must note in the register –

(a) the revocation of a determination made under these regulations; and

(b) a decision of the CAP reversing a decision that a corresponding determination is to have effect in all participating jurisdictions or participating jurisdictions including this jurisdiction.

28 Records of determinations

The record of a determination in the register must include –

(a) a copy of the determination; or

(b) the following information:

(i) the Gazette in which the determination was notified or published and the date of notification or publication;

(ii) the provisions of these regulations, and of the ADG Code, to which the determination relates;

(iii) the dangerous goods, equipment, packaging, vehicle or other thing to which the determination relates.

29 Offence to do any thing prohibited or regulated by a determination

(1)  A person to whom a determination made under this Division applies must comply with the determination.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 170 penalty units; or

(b) an individual, a fine not exceeding 35 penalty units.

(2)  It is a defence to a prosecution for an offence under subregulation (1) that the person did not know, and could not reasonably have been expected to know, of the determination or that the determination applied to the person.

Part 2 Key Concepts

30 Dangerous goods

(1)  Goods are dangerous goods if –

(a) the goods are determined under regulation 22(1)(a) to be dangerous goods; or

(b) the goods satisfy the dangerous goods classification criteria set out, or referred to, in Part 2 of the ADG Code.

(2)  However, goods that satisfy the criteria set out, or referred to, in Part 2 of the ADG Code are not dangerous goods if the goods are –

(a) determined under regulation 22(1)(a) not to be dangerous goods; or

(b) described as not subject to the ADG Code in a special provision in Chapter 3.3 of the ADG Code that is applied to the goods by column 6 of the Dangerous Goods List.

31 Goods too dangerous to be transported

Dangerous goods are too dangerous to be transported if they are –

(a) goods set out or described in Appendix A to the ADG Code; or

(b) goods determined under regulation 22(2)(a) to be too dangerous to be transported; or

(c) goods (other than goods mentioned in paragraph (a) or (b) ) that the Competent Authority considers are so sensitive or unstable that they cannot be safely transported even if the relevant requirements of these regulations and the ADG Code are complied with.

Note

Section 70 of the Act provides that a person must not consign for transport goods that these regulations identify as being too dangerous to be transported.

32 UN Classes, UN Divisions and Categories of dangerous goods

The UN Class, UN Division or Category of a particular dangerous good for the purposes of these regulations is –

(a) if a determination is in effect under regulation 22(1)(b) that the good is of a particular UN Class, UN Division or Category, the UN Class, UN Division or Category specified in the determination; or

(b) if no such determination is in effect, the UN Class, UN Division or Category determined for the good in accordance with the ADG Code.

Note 1

Under the UN classification system there are 9 classes of dangerous goods. Under that system some UN Classes are further divided into Divisions and some Divisions are divided into Categories.

Note 2

Under the ADG Code, if particular dangerous goods are listed in the Dangerous Goods List, their UN Class or Division is that listed in column 2 of that list opposite the name and description of those goods, unless Chapter 3.3 of the Code provides for those goods to be assigned to a different UN Class or Division. If applicable, Chapter 2 of the Code describes how the UN Category of dangerous goods is to be determined. Once again, the Category may be changed under Chapter 3.3 of the Code.

33 Subsidiary hazard

The subsidiary hazard, if any, of a particular dangerous good for the purpose of these regulations is –

(a) if a determination is in effect under regulation 22(1)(c) that the good has a particular subsidiary hazard, the subsidiary hazard specified in the determination; or

(b) if there is no such determination, the subsidiary hazard determined for the good in accordance with the ADG Code.

Note

Dangerous goods that are able to be assigned to more than one UN Class or UN Division are assigned a subsidiary hazard. This subsidiary hazard is the other UN Class/es or UN Division/s to which the goods also belong. Under the ADG Code, if particular dangerous goods are listed in the Dangerous Goods List, their subsidiary hazard is that listed in column 4 of that list opposite the name and description of those goods unless Chapter 3.3 of that Code provides for those goods to be assigned a different subsidiary hazard.

34 Packing Groups

The Packing Group, if any, of a particular dangerous good for the purposes of these regulations is –

(a) if a determination is in force under regulation 22(1)(d) that the good is of a particular Packing Group, the Packing Group specified in the determination; or

(b) if no such determination is in effect, the Packing Group determined for the good in accordance with the ADG Code.

Note

The assignment of particular dangerous goods to a Packing Group indicates the degree of danger of, and the level of containment required for, the goods. The Packing Group of a substance can be determined from the Dangerous Goods List, although in some cases it is also necessary to refer to Chapter 3.3 of the ADG Code.

35 Incompatibility

(1)  Dangerous or other goods are incompatible with dangerous goods if –

(a) the goods are incompatible under Chapter 9.1 of the ADG Code; or

(b) the goods are determined under regulation 22(1)(e) to be incompatible with the dangerous goods; or

(c) when the goods are mixed, or otherwise brought into contact, with the dangerous goods, the Competent Authority considers the goods are likely to interact with the dangerous goods and increase risk because of the interaction.

(2)  Packaging or equipment for use in the transport of dangerous goods is incompatible with the goods if any component of the packaging or equipment that is intended or likely to come into contact with the goods during transport –

(a) is likely to interact with the goods and increase risk because of the interaction; and

(b) is not protected from contact under foreseeable circumstances by a protective coating or other effective means.

Part 3 Transport of Dangerous Goods to Which Special Provisions Apply

36 Application of Part

This Part applies to the transport of dangerous goods if –

(a) a special provision applies to the dangerous goods in the Dangerous Goods List; and

(b) that provision prohibits the transport of the goods by road or rail, or imposes a restriction on the way the goods are to be transported by road or rail.

Note

Column 6 of the Dangerous Goods List specifies whether a special provision applies to dangerous goods and Part 3.3 of the ADG Code lists the special provisions that apply.

37 Duty on consignors

A person must not consign dangerous goods for transport if the person knows, or reasonably ought to know –

(a) that a special provision applies to the transport of the goods; and

(b) that the transport of the goods does not, or will not, comply with the special provision.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 85 penalty units; or

(b) an individual, a fine not exceeding 20 penalty units.

38 Duty on packers

A person must not pack dangerous goods for transport if the person knows, or reasonably ought to know –

(a) that a special provision applies to the transport of the goods; and

(b) that the transport of the goods does not, or will not, comply with the special provision.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 85 penalty units; or

(b) an individual, a fine not exceeding 20 penalty units.

39 Duty on loaders

A person must not load dangerous goods on to a vehicle for transport if the person knows, or reasonably ought to know –

(a) that a special provision applies to the transport of the goods; and

(b) that the transport of the goods does not, or will not, comply with the special provision.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 85 penalty units; or

(b) an individual, a fine not exceeding 20 penalty units.

40 Duty on prime contractors and rail operators

A prime contractor or rail operator must not transport dangerous goods if the prime contractor or rail operator knows, or reasonably ought to know –

(a) that a special provision applies to the transport of the goods; and

(b) that the transport of the goods does not, or will not, comply with the special provision.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 85 penalty units; or

(b) an individual, a fine not exceeding 20 penalty units.

41 Duty on drivers

A person must not drive a road vehicle transporting dangerous goods if the person knows, or reasonably ought to know –

(a) that a special provision applies to the transport of the goods; and

(b) that the transport of the goods does not, or will not, comply with the special provision.

Penalty:  Fine not exceeding 10 penalty units.

Part 4 Packaging

42 Packing of dangerous goods in limited or excepted quantities

(1)  This Part does not apply to dangerous goods that are –

(a) goods packed in limited quantities within the meaning of regulation 16 ; or

(b) goods packed in excepted quantities within the meaning of regulation 71(6) .

(2)  To avoid doubt, this Part, including regulation 44 and the offence provisions, applies to dangerous goods that—

(a) are purported to be packed in limited quantities but do not comply with the requirements of regulation 16 ; or

(b) are purported to be packed in excepted quantities but do not comply with the requirements of regulation 71(6) .

Note

Regulations 16 and 71(6) respectively require compliance with Chapter 3.4 and 3.5 of the ADG Code.

43 References to Part 4 of ADG Code include Dangerous Goods List requirements

In this Part, a reference to dangerous goods being packed in accordance with any relevant provision in Part 4 of the ADG Code is to be read as including a reference to the goods being packed in accordance with any packing requirement specified in relation to the goods in the Dangerous Goods List.

44 Suitability of packaging for transport

(1)  Packaging is unsuitable for the transport of dangerous goods if –

(a) the packaging is required to undergo performance tests under Part 6 of the ADG Code and is not approved packaging; or

(b) the packaging does not meet any relevant standards or requirements specified by Part 4 or 6 of the ADG Code, including requirements in respect of inspection, maintenance and repair; or

(c) the use, or reuse, of the packaging for the transport of the goods does not comply with Part 4 or 6 of the ADG Code; or

(d) the use of the packaging for the transport of the goods is prohibited by a determination made under Division 5 of Part 1 ; or

(e) the packaging is incompatible with the goods; or

(f) the packaging is damaged or defective to the extent that it is not safe to use to transport the goods; or

(g) for goods purported to be packed in limited quantities, the packaging of the goods fails to comply with Chapter 3.4 of the ADG Code; or

(h) for goods purported to be packed in excepted quantities, the packaging of the goods fails to comply with Chapter 3.5 of the ADG Code.

(2)  A freight container is also unsuitable for use as a bulk container for the transport of dangerous goods if it does not have affixed to it a Safety Approval Plate as required under the International Convention for Safe Containers 1972.

45 Marking packaging

(1)  A person must not apply any marking required by Part 6 of the ADG Code on packaging if the packaging is not of a design approved under regulation 47 .

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 170 penalty units; or

(b) an individual, a fine not exceeding 35 penalty units.

(2)  A person must not apply a marking mentioned in Part 6 of the ADG Code on packaging, if the marking is not appropriate for the packaging.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 170 penalty units; or

(b) an individual, a fine not exceeding 35 penalty units.

46 Applications for approval of packaging design

(1)  This regulation applies to packaging that is required to undergo tests under Part 6 of the ADG Code.

(2)  A person may apply to the Competent Authority for the approval of a design of packaging to which this regulation applies for use in the transport of dangerous goods.

Note

Portable tanks, MEGCs, tank vehicles, pressure receptacles, aerosol dispensers, IBCs, bulk containers and drums, barrels, jerry cans, boxes, bags and composite packaging are some of the kinds of packaging required to undergo tests under Part 6 of the ADG Code. Performance tests include drop, leakproofness, hydraulic and stacking tests.

(3)  An application for approval must –

(a) be made in accordance with regulation 182 ; and

(b) include the information required under Part 6 of the ADG Code; and

(c) be accompanied by the relevant fee, if any.

47 Approval of packaging designs

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

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

(b) satisfies all the relevant testing and inspection requirements set out in that Part.

(2)  In determining whether packaging of a particular design satisfies any particular testing requirement, the Competent Authority may rely on any test certificate, issued by a recognised testing facility, that complies with regulation 49 .

(3)  In giving its approval, the Competent Authority may impose in relation to the approval any 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, that –

(a) a condition about the construction, packing, maintenance or use of the packaging, as the case may be, 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.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 170 penalty units; or

(b) an individual, a fine not exceeding 35 penalty units.

48 Recognised testing facilities

The following testing facilities are recognised testing facilities for a packaging design type:

(a) a testing facility –

(i) registered by NATA to conduct performance tests under Part 6 of the ADG Code for the packaging design type; or

(ii) if NATA has not registered a testing facility to conduct performance tests of that kind, a testing facility in Australia capable of conducting the tests;

(b) a facility in a foreign country approved by a public authority of the country to conduct performance tests of that kind.

49 Test certificates

(1)  A recognised testing facility may certify in writing that a packaging design type has passed particular performance tests for particular dangerous goods.

(2)  If a performance test is conducted by a testing facility registered by NATA, any test certificate, or report on the test, must –

(a) contain any details required under the relevant Chapter of Part 6 of the ADG Code; and

(b) be in the appropriate form used by NATA-registered testing facilities.

(3)  If a performance test is conducted in Australia by a recognised testing facility that is not registered by NATA –

(a) the test must be observed by or for the Competent Authority; and

(b) any test certificate, or report on the test, must contain any details required under the relevant Chapter of Part 6 of the ADG Code.

50 Approval of overpack preparation method

(1)  The Competent Authority may, on application in accordance with regulation 182 , approve a method of preparing an overpack for transport that does not comply with 5.1.2 of the ADG Code if the Authority considers that the risk involved in using the method is not greater than the risk involved in using a method complying with 5.1.2.

(2)  In giving its approval, the Competent Authority may impose in relation to the approval any condition about the use of the overpack necessary for the safe use of the overpack to transport dangerous goods.

(3)  A person must not use an overpack to transport dangerous goods if the person knows, or reasonably ought to know, that –

(a) a condition about the use of the overpack was imposed in relation to the approval of the method of preparing the overpack; and

(b) the use is in contravention of the condition.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 170 penalty units; or

(b) an individual, a fine not exceeding 35 penalty units.

51 Authorised body may issue approvals

(1)  The Competent Authority may authorise a person or body to issue approvals under regulation 47 or 50 .

(2)  In giving its authorisation, the Competent Authority may impose in relation to the authorisation any condition it considers appropriate in relation to the issuing of approvals by the person or body.

(3)  In issuing an approval, in addition to complying with any condition imposed under subregulation (2) , the person or body must also –

(a) comply with any relevant requirements imposed by Part 6 of the ADG Code in relation to the issuing of the approval; and

(b) give the Competent Authority, in relation to the approval, all of the information listed in regulation 194 .

(4)  If a person or body is authorised to issue approvals under this regulation –

(a) regulations 46 , 47 and 50 apply as if a reference in those regulations to the Competent Authority were a reference to the person or body; and

(b) Divisions 1 and 4 of Part 17 , to the extent that they deal with approvals, apply as if a reference in those Divisions to the Competent Authority were a reference to the person or body; and

(c) a reference in these regulations to an approval under regulation 47 or 50 includes a reference to an approval given by the body or other person under regulation 47 or 50 as applied under paragraph (a) ; and

(d) regulation 246(1)(d) , (e) and (i) apply as if a reference in regulation 246 to the Competent Authority were a reference to the person or body.

(5)  The Competent Authority may withdraw an authorisation granted under this regulation at any time.

(6)  The withdrawal of an authorisation does not affect any approval issued by the person or body before the withdrawal took effect.

52 Offence to sell or supply non-compliant packaging

A person must not sell or supply, or offer to sell or supply, any packaging for use in the transport of particular dangerous goods unless –

(a) it is packaging of a design that has been approved under regulation 47 and it is marked in accordance with Part 6, or, if applicable, Chapter 3.4 or 3.5, of the ADG Code, and, according to the markings, its use is appropriate for those goods; or

(b) it complies with the relevant requirements of Parts 4 and 6, or, if applicable, Chapter 3.4 or 3.5, of the ADG Code including any relevant marking requirements, and its use is appropriate for those goods.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 170 penalty units; or

(b) an individual, a fine not exceeding 35 penalty units.

53 Meaning of general packaging

In this Division –

general packaging means all packaging, including large packaging, other than portable tanks, MEGCs, bulk containers, freight containers, tanks on tank vehicles and overpacks.

54 Consignor’s duties

A person must not consign dangerous goods for transport in any general packaging if the person knows, or reasonably ought to know, that –

(a) the packaging is unsuitable for the transport of the goods; or

(b) the goods have not been packed in the packaging in accordance with any relevant provisions of Part 4 of the ADG Code.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 170 penalty units; or

(b) an individual, a fine not exceeding 35 penalty units.

55 Packer’s duties

(1)  A person must not pack dangerous goods for transport in any general packaging if the person knows, or reasonably ought to know, that the packaging is unsuitable for the transport of the goods.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 170 penalty units; or

(b) an individual, a fine not exceeding 35 penalty units.

(2)  A person must not pack dangerous goods for transport in any general packaging in a way that the person knows, or reasonably ought to know, does not comply with any relevant provisions in Part 4 of the ADG Code.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 170 penalty units; or

(b) an individual, a fine not exceeding 35 penalty units.

56 Loader’s duties

A person must not load dangerous goods that are in any general packaging onto a vehicle for transport if the person knows, or reasonably ought to know, that the packaging is damaged or defective to the extent that it is not safe to use to transport the goods.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 170 penalty units; or

(b) an individual, a fine not exceeding 35 penalty units.

57 Prime contractor’s and rail operator’s duties

A prime contractor or a rail operator must not transport dangerous goods in any general packaging if the prime contractor or rail operator knows, or reasonably ought to know, that the packaging is damaged or defective to the extent that it is not safe to use to transport the goods.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 170 penalty units; or

(b) an individual, a fine not exceeding 35 penalty units.

58 Driver’s duties

A person must not drive a road vehicle transporting dangerous goods in any general packaging if the person knows, or reasonably ought to know, that the packaging is damaged or defective to the extent that it is not safe to use to transport the goods by road.

Penalty:  Fine not exceeding 20 penalty units.

59 Meaning of other packaging

In this Division –

other packaging means MEGCs, portable tanks, demountable tanks, bulk containers, freight containers and tanks on tank vehicles.

60 Compliance plates for portable tanks, MEGCs and tank vehicles

(1)  A person who manufactures a portable tank or an MEGC for use in the transport of dangerous goods must attach a compliance plate to the tank or MEGC in accordance with Chapter 6.7 of the ADG Code.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 170 penalty units; or

(b) an individual, a fine not exceeding 35 penalty units.

(2)  Subregulation (1) does not apply to a person in relation to a portable tank if –

(a) Chapter 6.7 of the ADG Code permits the marking of the tank instead of the attachment of a compliance plate; and

(b) the tank is marked as required by that Chapter.

(3)  A person who manufactures a tank vehicle for use in the transport of dangerous goods must attach a compliance plate to the vehicle in accordance with 6.9.2.2 of the ADG Code.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 170 penalty units; or

(b) an individual, a fine not exceeding 35 penalty units.

61 Owner’s duties for portable tanks, demountable tanks and MEGCs

The owner of a portable tank, a demountable tank or an MEGC must not use the tank or MEGC, or permit the tank or MEGC to be used, to transport dangerous goods if the tank or MEGC is unsuitable for the transport of the goods.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 170 penalty units; or

(b) an individual, a fine not exceeding 35 penalty units.

62 Consignor’s duties

(1)  A person must not consign dangerous goods for transport in any other packaging provided by the person if –

(a) the packaging is unsuitable for the transport of the goods; or

(b) the goods have not been packed in the packaging in accordance with any relevant provisions in Part 4 of the ADG Code.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 170 penalty units; or

(b) an individual, a fine not exceeding 35 penalty units.

(2)  A person must not consign dangerous goods for transport in any other packaging that was provided by any other person if –

(a) the packaging is unsuitable for the transport of the goods; or

(b) the goods have not been packed in the packaging in accordance with any relevant provisions in Part 4 of the ADG Code.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 170 penalty units; or

(b) an individual, a fine not exceeding 35 penalty units.

63 Packer's duties

(1)  A person must not pack dangerous goods for transport in any other packaging if the person knows, or reasonably ought to know, that the packaging is unsuitable for the transport of the goods.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 170 penalty units; or

(b) an individual, a fine not exceeding 35 penalty units.

(2)  A person must not pack dangerous goods for transport in any other packaging in a way that the person knows, or reasonably ought to know, does not comply with any relevant provision in Part 4 of the ADG Code.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 170 penalty units; or

(b) an individual, a fine not exceeding 35 penalty units.

64 Loader’s duties

A person must not load dangerous goods that are in any other packaging on to a vehicle for transport if the person knows, or reasonably ought to know, that the packaging is unsuitable for the transport of the goods.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 170 penalty units; or

(b) an individual, a fine not exceeding 35 penalty units.

65 Prime contractor’s and rail operator’s duties

(1)  A prime contractor or rail operator must not transport dangerous goods in any other packaging provided by the prime contractor or rail operator if –

(a) the packaging is unsuitable for the transport of the goods; or

(b) the goods have not been packed in the packaging in accordance with any relevant provision in Part 4 of the ADG Code.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 170 penalty units; or

(b) an individual, a fine not exceeding 35 penalty units.

(2)  A prime contractor or rail operator must not transport dangerous goods in any other packaging provided by any other person if the prime contractor or rail operator knows, or reasonably ought to know, that –

(a) the packaging is unsuitable for the transport of the goods; or

(b) the goods have not been packed in the packaging in accordance with any relevant provision in Part 4 of the ADG Code.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 170 penalty units; or

(b) an individual, a fine not exceeding 35 penalty units.

66 Driver’s duties

A person must not drive a road vehicle transporting dangerous goods in any other packaging if the person knows, or reasonably ought to know, that –

(a) the packaging is unsuitable for the transport of the goods; or

(b) the goods have not been packed in the packaging in accordance with any relevant provision in Part 4 of the ADG Code.

Penalty:  Fine not exceeding 10 penalty units.

Division 6 Offences relating to overpacks

67 Consignor’s duties

A person must not consign dangerous goods for transport in an overpack if the preparation of the overpack and its contents does not comply with either –

(a) 5.1.2 of the ADG Code; or

(b) an approval under regulation 47 .

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 85 penalty units; or

(b) an individual, a fine not exceeding 20 penalty units.

68 Packer’s duties

A person must not pack dangerous goods for transport in an overpack if the person knows, or reasonably ought to know, that the packing of the packages in the overpack, or the preparation of the overpack or its contents, does not comply with either –

(a) 5.1.2 of the ADG Code; or

(b) an approval under regulation 47 .

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 85 penalty units; or

(b) an individual, a fine not exceeding 20 penalty units.

69 Prime contractor’s and rail operator’s duties

A prime contractor or rail operator must not transport dangerous goods in an overpack if the prime contractor or rail operator knows, or reasonably ought to know, that the preparation of the overpack or its contents does not comply with either –

(a) 5.1.2 of the ADG Code; or

(b) an approval under regulation 47 .

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 85 penalty units; or

(b) an individual, a fine not exceeding 20 penalty units.

70 Driver’s duties

A person must not drive a road vehicle transporting dangerous goods in an overpack if the person knows, or reasonably ought to know, that the preparation of the overpack or its contents does not comply with either –

(a) 5.1.2 of the ADG Code; or

(b) an approval under regulation 47 .

Penalty:  Fine not exceeding 10 penalty units.

Part 5 Consignment Procedures

Note

Section 5.1.3.3 of the ADG Code provides for unused pre-labelled dangerous goods packagings to be identified in order to avoid inappropriate emergency response.

71 Meaning of appropriately marked

(1)  Any receptacle, other than a cargo transport unit or an overpack, that has a capacity of more than 500 kilograms or litres is appropriately marked if it is marked and labelled in accordance with Chapters 5.2 and 5.3.3 of the ADG Code.

(2)  Any other package of dangerous goods, other than an overpack, is appropriately marked if it is marked and labelled in accordance with Chapter 5.2 of the ADG Code.

(3)  An overpack is appropriately marked if it is marked and labelled in accordance with section 5.1.2 of the ADG Code.

(4)  A package of dangerous goods that are packed in limited quantities is also appropriately marked if it is marked and labelled in accordance with Chapter 3.4 of the ADG Code.

(5)  A package of dangerous goods that are packed in excepted quantities is also appropriately marked if it is marked and labelled in accordance with Chapter 3.5 of the ADG Code.

(6)  In subregulation (5) , dangerous goods are packed in excepted quantities if –

(a) the goods are assigned to code E1, E2, E3, E4 or E5 in column 7b of the Dangerous Goods List; and

(b) the goods are packed in accordance with Chapter 3.5 of the ADG Code; and

(c) the quantity of dangerous goods does not exceed the quantity specified in section 3.5.1.2 of the ADG Code.

72 Consignor’s duties

(1)  A person must not consign dangerous goods for transport in a package if the package is not appropriately marked.

Penalty:  In –

(a) the case of large packaging or overpack, a fine not exceeding 85 penalty units; or

(b) any other case, a fine not exceeding 20 penalty units.

(2)  A person must not consign dangerous goods for transport in a package if a marking or label on the package is false or misleading in a material particular.

Penalty:  In –

(a) the case of large packaging or overpack, a fine not exceeding 85 penalty units; or

(b) any other case, a fine not exceeding 20 penalty units.

(3)  A person must not consign goods for transport in a package that does not contain dangerous goods but is marked or labelled as if it contained dangerous goods.

Penalty:  In –

(a) the case of large packaging or overpack, a fine not exceeding 85 penalty units; or

(b) any other case, a fine not exceeding 20 penalty units.

(4)  Subregulation (3) does not apply if the marking or labelling of the package complies with the requirements of the ICAO Technical Instructions or the IMDG Code with respect to the contents of the package.

(5)  A reference to a label in this regulation includes a reference to a placard.

73 Packer’s duties

(1)  A person must not pack dangerous goods for transport in a package if the person knows, or reasonably ought to know, that the package is not, or, once the package is ready to be transported, will not be, appropriately marked.

Penalty:  In –

(a) the case of large packaging or overpack, a fine not exceeding 85 penalty units; or

(b) any other case, a fine not exceeding 20 penalty units.

(2)  A person who packs dangerous goods for transport in a package must not mark or label the package with a marking or label about its contents that the person knows, or reasonably ought to know, is false or misleading in a material particular.

Penalty:  In –

(a) the case of large packaging or overpack, a fine not exceeding 85 penalty units; or

(b) any other case, a fine not exceeding 20 penalty units.

(3)  A person who packs goods for transport in a package must not mark or label the package as if it contained dangerous goods if the person knows, or reasonably ought to know, that it does not contain dangerous goods.

Penalty:  In –

(a) the case of large packaging or overpack, a fine not exceeding 85 penalty units; or

(b) any other case, a fine not exceeding 20 penalty units.

(4)  Subregulation (3) does not apply if the marking or labelling of the package complies with the requirements of the ICAO Technical Instructions or the IMDG Code with respect to the contents of the package.

(5)  A reference to a label in this regulation includes a reference to a placard.

74 Prime contractor’s and rail operator’s duties

(1)  A prime contractor or rail operator must not transport goods in a package if the prime contractor or rail operator knows, or reasonably ought to know, that –

(a) the goods are dangerous goods; and

(b) the package is not appropriately marked.

Penalty:  In –

(a) the case of large packaging or overpack, a fine not exceeding 85 penalty units; or

(b) any other case, a fine not exceeding 20 penalty units.

(2)  A prime contractor or rail operator must not transport dangerous goods in a package if the prime contractor or rail operator knows, or reasonably ought to know, that a marking or label on the package is false or misleading in a material particular about its contents.

Penalty:  In –

(a) the case of large packaging or overpack, a fine not exceeding 85 penalty units; or

(b) any other case, a fine not exceeding 20 penalty units.

(3)  A prime contractor or rail operator must not transport goods in a package that is marked or labelled as if it contained dangerous goods if the prime contractor or rail operator knows, or reasonably ought to know, that the package does not contain dangerous goods.

Penalty:  In –

(a) the case of large packaging or overpack, a fine not exceeding 85 penalty units; or

(b) any other case, a fine not exceeding 20 penalty units.

(4)  Subregulation (3) does not apply if the marking or labelling of the package complies with the requirements of the ICAO Technical Instructions or the IMDG Code with respect to the contents of the package.

(5)  A reference to a label in this regulation includes a reference to a placard.

75 When load must be placarded

(1)  In this regulation –

specified goods means –

(a) dangerous goods that are packed in limited quantities; or

(b) any of the following:

(i) fireworks that are bon bons, party poppers or sparklers;

(ii) domestic smoke detectors containing radioactive material;

(iii) lighters or lighter refills containing flammable gas;

(iv) fire extinguishers containing compressed or liquefied gas, up to a net mass of 23 kg; or

(c) a combination of the dangerous goods referred to in paragraphs (a) and (b).

Note

See Note 5 to Table 5.3 of the ADG Code.

(2)  A load that contains dangerous goods must be placarded if –

(a) it contains –

(i) dangerous goods in a receptacle, other than an article, with a capacity of more than 500 litres; or

(ii) more than 500 kilograms of dangerous goods in a receptacle, other than an article; or

(b) it contains an aggregate quantity of dangerous goods of 250 or more (other than specified goods) and those goods include –

(i) dangerous goods of UN Division 2.1 that are not aerosols; or

(ii) dangerous goods of UN Division 2.3; or

(iii) dangerous goods of Packing Group I; or

(c) it contains dangerous goods of Category A of UN Division 6.2; or

(d) it contains an aggregate quantity of dangerous goods of UN Division 6.2 (other than Category A) of 10 or more; or

(e) it contains an aggregate quantity of dangerous goods of 1 000 or more (other than specified goods).

(3)  A load that contains dangerous goods must be placarded if –

(a) the load contains specified goods; and

(b) the specified goods –

(i) include an aggregate quantity of 2 000 or more of any one UN number from a single place of consignment; or

(ii) have a total gross mass that is 8 tonnes or more.

Note

This subregulation applies separately and in addition to subregulation (2). See Table 5.3 of the ADG Code.

(4)  A load that contains dangerous goods, and that is not otherwise required to be placarded under this regulation, must be placarded if the load meets the following conditions:

(a) the load contains a mixture of specified goods and other dangerous goods;

(b) the following combined quantity calculation applies:

(i) if the load contains dangerous goods referred to in subregulation (2)(b)(i),(ii) or (iii), the aggregate quantity of those goods, plus 10% of the total gross mass of the specified goods, is 250 or more;

(ii) otherwise, the aggregate quantity of dangerous goods that are not specified goods, plus 25% of the total gross mass of the specified goods, is 1 000 or more.

76 Meaning of placarded and appropriately placarded

(1)  A person placards a load that contains dangerous goods if the person affixes, stencils, prints or places a label (as defined in the ADG Code) or an emergency information panel (as defined in 5.3.1.3 of the ADG Code) in relation to the load on any thing that is being, or that is to be, used to transport the load.

(2)  In this Division, a placard load is appropriately placarded if it is placarded in accordance with Chapter 5.3 of the ADG Code.

77 Consignor’s duties

(1)  A person must not consign a placard load for transport if the load is not appropriately placarded.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 170 penalty units; or

(b) an individual, a fine not exceeding 35 penalty units.

(2)  A person must not consign a placard load for transport if the placarding of the load is false or misleading in a material particular.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 170 penalty units; or

(b) an individual, a fine not exceeding 35 penalty units.

(3)  A person must not consign goods for transport in or on a cargo transport unit that does not contain dangerous goods but that is placarded as if it were a placard load.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 170 penalty units; or

(b) an individual, a fine not exceeding 35 penalty units.

(4)  Subregulation (3) does not apply if the placarding of the cargo transport unit complies with the requirements of the ICAO Technical Instructions or the IMDG Code with respect to the contents of the cargo transport unit.

(5)  A person must not consign a load of dangerous goods (other than a placard load) for transport in or on a cargo transport unit if –

(a) the load is placarded; and

(b) the placarding is false or misleading in a material particular.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 170 penalty units; or

(b) an individual, a fine not exceeding 35 penalty units.

78 Loader’s duties

(1)  A person who loads dangerous goods onto a vehicle for transport must ensure that the load is appropriately placarded, if the person knows, or reasonably ought to know, that the goods are a placard load.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 170 penalty units; or

(b) an individual, a fine not exceeding 35 penalty units.

(2)  A person who loads a placard load onto a vehicle for transport must not placard the load with placarding that the person knows, or reasonably ought to know, is false or misleading in a material particular.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 170 penalty units; or

(b) an individual, a fine not exceeding 35 penalty units.

(3)  A person who loads goods onto a vehicle for transport must not placard the load as if it were a placard load if the person knows, or reasonably ought to know, that the load does not contain dangerous goods.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 170 penalty units; or

(b) an individual, a fine not exceeding 35 penalty units.

(4)  Subregulation (3) does not apply if the placarding of the load complies with the requirements of the ICAO Technical Instructions or the IMDG Code with respect to the contents of the load.

(5)  A person who loads dangerous goods (other than a placard load) into or onto a cargo transport unit for transport in or on the unit must not placard the load with placarding that the person knows, or reasonably ought to know, is false or misleading in a material particular.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 170 penalty units; or

(b) an individual, a fine not exceeding 35 penalty units.

79 Prime contractor’s and rail operator’s duties

(1)  A prime contractor or rail operator must not transport dangerous goods if the prime contractor or rail operator knows, or reasonably ought to know, that –

(a) the goods are a placard load; and

(b) the load is not appropriately placarded.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 170 penalty units; or

(b) an individual, a fine not exceeding 35 penalty units.

(2)  A prime contractor or rail operator must not transport a placard load if the prime contractor or rail operator knows, or reasonably ought to know, that the placarding of the load is false or misleading in a material particular.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 170 penalty units; or

(b) an individual, a fine not exceeding 35 penalty units.

(3)  A prime contractor or rail operator must not use a cargo transport unit that is placarded as if it were a placard load if the prime contractor or rail operator knows, or reasonably ought to know, that the cargo transport unit does not contain dangerous goods.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 170 penalty units; or

(b) an individual, a fine not exceeding 35 penalty units.

(4)  Subregulation (3) does not apply if the placarding of the cargo transport unit complies with the requirements of the ICAO Technical Instructions or the IMDG Code with respect to the contents of the cargo transport unit.

(5)  A prime contractor or rail operator must not transport a load of dangerous goods (other than a placard load) in or on a cargo transport unit if –

(a) the load is placarded; and

(b) the person knows, or reasonably ought to know, that the placarding is false or misleading in a material particular.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 170 penalty units; or

(b) an individual, a fine not exceeding 35 penalty units.

80 Driver’s duties

(1)  A person must not drive a road vehicle transporting dangerous goods if the person knows, or reasonably ought to know, that –

(a) the goods are a placard load; and

(b) the load is not appropriately placarded.

Penalty:  Fine not exceeding 20 penalty units.

(2)  A person must not drive a road vehicle transporting a placard load if the person knows, or reasonably ought to know, that the placarding of the load is false or misleading in a material particular.

Penalty:  Fine not exceeding 20 penalty units.

(3)  A person must not drive a road vehicle that is, or that incorporates, a cargo transport unit that is placarded as if it were a placard load if the person knows, or reasonable ought to know, that the vehicle does not contain dangerous goods.

Penalty:  Fine not exceeding 20 penalty units.

(4)  A person must not drive a road vehicle that is, or that incorporates, a cargo transport unit if –

(a) the unit is transporting a load of dangerous goods (other than a placard load); and

(b) the load is placarded; and

(c) the person knows, or reasonably ought to know, that the placarding is false or misleading in a material particular.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 85 penalty units; or

(b) an individual, a fine not exceeding 20 penalty units.

Part 6 Safety Standards – Vehicles and Equipment

81 Owner’s duties

The owner of a vehicle must not use the vehicle, or permit it to be used, to transport dangerous goods if the vehicle or its equipment does not comply with Chapters 4.4 and 6.9 of the ADG Code.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 170 penalty units; or

(b) an individual, a fine not exceeding 35 penalty units.

82 Consignor’s duties

A person must not consign dangerous goods for transport in or on a vehicle if the person knows, or reasonably ought to know, that the vehicle or its equipment does not comply with Chapters 4.4 and 6.9 of the ADG Code.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 170 penalty units; or

(b) an individual, a fine not exceeding 35 penalty units.

83 Loader’s duties

A person must not load dangerous goods onto a vehicle for transport if the person knows, or reasonably ought to know, that the vehicle or its equipment does not comply with Chapters 4.4 and 6.9 of the ADG Code.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 85 penalty units; or

(b) an individual, a fine not exceeding 20 penalty units.

84 Prime contractor’s and rail operator’s duties

A prime contractor or rail operator must not use a vehicle to transport dangerous goods if the vehicle or its equipment does not comply with Chapters 4.4 and 6.9 of the ADG Code.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 170 penalty units; or

(b) an individual, a fine not exceeding 35 penalty units.

85 Driver’s duties

A person must not drive a road vehicle transporting dangerous goods if the person knows, or reasonably ought to know, that the vehicle or its equipment does not comply with Chapters 4.4 and 6.9 of the ADG Code.

Penalty:  Fine not exceeding 20 penalty units.

Part 7 Transport Operations Relating to Certain Dangerous Goods

86 Application

This Division applies to the transport of the following types of dangerous goods:

(a) gases of UN Class 2;

(b) self-reactive substances of UN Division 4.1;

(c) organic peroxides of UN Division 5.2;

(d) other substances for which –

(i) the proper shipping name contains the word ‘STABILIZED’; and

(ii) the self-accelerating decomposition temperature (as determined in accordance with Part 2 of the ADG Code) when presented for transport in a package is 50°C or lower;

(e) toxic substances of UN Division 6.1 or Subsidiary Hazard 6.1;

(f) infectious substances of UN Division 6.2;

(g) "dangerous when wet" substances of UN Division 4.3.

87 Consignor’s duties

A person must not consign dangerous goods to which this Division applies for transport in a cargo transport unit if the person knows, or reasonably ought to know, that the goods are not loaded or stowed, or cannot be transported or unloaded, in accordance with Chapter 7.1 of the ADG Code.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 85 penalty units; or

(b) an individual, a fine not exceeding 20 penalty units.

88 Loader’s duties

A person must not load dangerous goods to which this Division applies for transport by road or rail in a cargo transport unit other than in accordance with Chapter 7.1 of the ADG Code.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 85 penalty units; or

(b) an individual, a fine not exceeding 20 penalty units.

89 Prime contractor’s and rail operator’s duties

(1)  A prime contractor or rail operator must not transport dangerous goods to which this Division applies if the prime contractor or rail operator knows, or reasonably ought to know, that the transport does not comply with Chapter 7.1 of the ADG Code.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 85 penalty units; or

(b) an individual, a fine not exceeding 20 penalty units.

(2)  A prime contractor or rail operator responsible for the transport of one or more packages of infectious substances of UN Division 6.2 who becomes aware of damage to, or leakage from, the package or any of the packages must comply with 7.1.7.2.2 of the ADG Code.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 85 penalty units; or

(b) an individual, a fine not exceeding 20 penalty units.

90 Driver’s duties

A person must not drive a road vehicle transporting dangerous goods to which this Division applies if the person knows, or reasonably ought to know, that the goods are not being transported in accordance with Chapter 7.1 of the ADG Code.

Penalty:  Fine not exceeding 10 penalty units.

91 Application

This Division applies to goods too dangerous to be transported.

Note

Section 70 of the Act provides for the duties of consignors of goods too dangerous to be transported, prescribes the people who are to be regarded as the consignors of such goods and provides for the relevant offence and penalty for consigning them for transport.

92 Loader’s duties

A person must not load goods for transport in or on a cargo transport unit if the person knows, or reasonably ought to know, that the goods are goods that are too dangerous to be transported.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 85 penalty units; or

(b) an individual, a fine not exceeding 20 penalty units.

93 Prime contractor’s and rail operator’s duties

A prime contractor or rail operator must not transport goods if the prime contractor or rail operator knows, or reasonably ought to know, that the goods are goods that are too dangerous to be transported.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 85 penalty units; or

(b) an individual, a fine not exceeding 20 penalty units.

94 Driver’s duties

A person must not drive a vehicle transporting goods if the person knows, or reasonably ought to know, that the goods are goods that are too dangerous to be transported.

Penalty:  Fine not exceeding 10 penalty units.

95 Application

This Division applies to tanks or hoppers specified in section 7.2.7.1 of the ADG Code (nominally empty storage vessels).

96 Consignor’s duties

A person must not consign nominally empty storage vessels for transport in a cargo transport unit if the person knows, or reasonably ought to know, that the storage vessels are not loaded or stowed, or cannot be transported or unloaded, in accordance with Chapter 7.2 of the ADG Code.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 85 penalty units; or

(b) an individual, a fine not exceeding 20 penalty units.

97 Loader’s duties

A person must not load nominally empty storage vessels for transport by road or rail in a cargo transport unit other than in accordance with Chapter 7.2 of the ADG Code.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 85 penalty units; or

(b) an individual, a fine not exceeding 20 penalty units.

98 Prime contractor’s and rail operator’s duties

A prime contractor or rail operator must not transport nominally empty storage vessels if the contractor or rail operator knows, or reasonably ought to know, that the transport does not comply with Chapter 7.2 of the ADG Code.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 85 penalty units; or

(b) an individual, a fine not exceeding 20 penalty units.

99 Driver’s duties

A person must not drive a road vehicle transporting nominally empty storage vessels if the person knows, or reasonably ought to know, that the storage vessels are not being transported in accordance with Chapter 7.2 of the ADG Code.

Penalty:  Fine not exceeding 10 penalty units.

100 Transport of explosives

(1)  In this regulation –

explosive has the same meaning as in the Explosives Act 2012 .

(2)  A person must not transport explosives contrary to the Australian Explosives Code or ADG Code.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 170 penalty units; or

(b) an individual, a fine not exceeding 35 penalty units.

(3)  A person must not transport any explosives in a vehicle that does not comply with the Australian Explosives Code.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 170 penalty units; or

(b) an individual, a fine not exceeding 35 penalty units.

(4)  An authorised officer who is reasonably of the opinion that a vehicle does not comply with the Australian Explosives Code may direct that no explosives are to be loaded into or onto that vehicle.

(5)  A person must not load explosives into or onto a vehicle contrary to a direction given by an authorised officer under subregulation (4) .

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 170 penalty units; or

(b) an individual, a fine not exceeding 35 penalty units.

Part 8 Stowage and Restraint

101 Consignor’s duties

(1)  A person must not consign for transport in or on a vehicle a load that contains dangerous goods that is a placard load if the person knows, or reasonably ought to know, that the goods or their packaging are not, or will not be, stowed, loaded and restrained in accordance with Part 8.1 of the ADG Code.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 85 penalty units; or

(b) an individual, a fine not exceeding 20 penalty units.

(2)  A person must not consign a load that contains dangerous goods for transport in or on a cargo transport unit if the person knows, or reasonably ought to know, that the cargo transport unit is not, or will not be, restrained in accordance with Chapter 8.2 of the ADG Code.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 85 penalty units; or

(b) an individual, a fine not exceeding 20 penalty units.

102 Loader’s duties

(1)  A person who loads, onto a vehicle for transport, a load that contains dangerous goods that is a placard load must ensure that the load is stowed, loaded and restrained in accordance with Part 8.1 of the ADG Code.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 85 penalty units; or

(b) an individual, a fine not exceeding 20 penalty units.

(2)  A person who loads for transport in or on a vehicle dangerous goods that are in a cargo transport unit must ensure that the cargo transport unit is restrained in accordance with Chapter 8.2 of the ADG Code.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 85 penalty units; or

(b) an individual, a fine not exceeding 20 penalty units.

103 Prime contractor’s and rail operator’s duties

(1)  A prime contractor or rail operator must not transport in or on a vehicle a load that contains dangerous goods that is a placard load if the prime contractor or rail operator knows, or reasonably ought to know, that the goods or their packaging have not been stowed or loaded, or are not restrained, in accordance with Part 8.1 of the ADG Code.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 85 penalty units; or

(b) an individual, a fine not exceeding 20 penalty units.

(2)  A prime contractor or rail operator must not transport dangerous goods in or on a cargo transport unit if the prime contractor or rail operator knows, or reasonably ought to know, that the goods or their packaging are not restrained in accordance with Chapter 8.2 of the ADG Code.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 85 penalty units; or

(b) an individual, a fine not exceeding 20 penalty units.

104 Driver’s duties

(1)  A person must not drive a road vehicle transporting a load that contains dangerous goods that is a placard load if the person knows, or reasonably ought to know, that the goods or their packaging have not been stowed or loaded, or are not restrained, in accordance with Part 8.1 of the ADG Code.

Penalty:  Fine not exceeding 10 penalty units.

(2)  A person must not drive a road vehicle transporting dangerous goods in a cargo transport unit if the person knows, or reasonably ought to know, that the goods or their packaging are not restrained in accordance with Chapter 8.2 of the ADG Code.

Penalty:  Fine not exceeding 10 penalty units.

Part 9 Segregation

105 Application of Part

(1)  This Part applies to –

(a) the transport of a placard load; and

(b) the transport of a load that contains dangerous goods that is not a placard load if the load contains dangerous goods of UN Division 2.3, UN Class 6 or UN Class 8, or dangerous goods that have a subsidiary hazard of 6.1 or 8, that are being, or are to be, transported with food or food packaging.

(2)  Dangerous goods packed in limited quantities do not need to comply with this Part.

106 Exception for certain goods for driver’s personal use

Despite regulations 107 , 108 , 109 , 110 and 111 , food and food packaging may be transported on a road vehicle with dangerous goods if the food or packaging is in the road vehicle’s cabin and is for the driver’s personal use.

107 Consignor’s duties

A person must not consign dangerous goods for transport in or on a vehicle if the person knows, or reasonably ought to know, that –

(a) the vehicle is, in the same journey, transporting incompatible goods; and

(b) the dangerous goods will not be segregated from the incompatible goods in accordance with –

(i) Part 9 of the ADG Code; or

(ii) any approval under regulation 112(1) .

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 170 penalty units; or

(b) an individual, a fine not exceeding 35 penalty units.

108 Loader’s duties

A person must not load dangerous goods for transport in or on a vehicle if the person knows, or reasonably ought to know, that –

(a) the vehicle is, in the same journey, transporting incompatible goods; and

(b) the dangerous goods will not be segregated from the incompatible goods in accordance with –

(i) Part 9 of the ADG Code; or

(ii) any approval under regulation 112(1) .

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 170 penalty units; or

(b) an individual, a fine not exceeding 35 penalty units.

109 Prime contractor’s duties

A prime contractor must not use a road vehicle to transport dangerous goods if the prime contractor knows, or reasonably ought to know, that –

(a) the road vehicle is, in the same journey, transporting incompatible goods; and

(b) the dangerous goods are not segregated from the incompatible goods in accordance with –

(i) Part 9 of the ADG Code; or

(ii) any approval under regulation 112(1) .

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 170 penalty units; or

(b) an individual, a fine not exceeding 35 penalty units.

110 Rail operator’s duties

A rail operator must not use a train to transport dangerous goods if the rail operator knows, or reasonably ought to know, that –

(a) the train is, in the same journey, transporting incompatible goods; and

(b) the dangerous goods are not segregated from the incompatible goods in accordance with –

(i) Part 9 of the ADG Code; or

(ii) any approval under regulation 112(1) .

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 170 penalty units; or

(b) an individual, a fine not exceeding 35 penalty units.

111 Driver’s duties

A person must not drive a road vehicle transporting dangerous goods if the person knows, or reasonably ought to know, that –

(a) the road vehicle is, in the same journey, transporting incompatible goods; and

(b) the dangerous goods are not segregated from the incompatible goods in accordance with –

(i) Part 9 of the ADG Code; or

(ii) any approval under regulation 112(1) .

Penalty:  Fine not exceeding 10 penalty units.

112 Approvals – Type II segregation devices

(1)  An application for approval of a design for a Type II segregation device for use in the transport of dangerous goods must –

(a) include any information required under Chapter 6.11 of the ADG Code; and

(b) be accompanied by the relevant fee, if any.

(2)  The Competent Authority may, on application in accordance with subregulation (1) and regulation 182 , approve a design for a Type II segregation device if the design complies with Chapter 6.11 of the ADG Code.

(3)  In giving its approval, the Competent Authority may impose in relation to the approval any condition necessary for the safe transport of dangerous goods.

(4)  A person to whom an approval has been given under this regulation must not contravene a condition of the approval.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 170 penalty units; or

(b) an individual, a fine not exceeding 35 penalty units.

113 Approvals – methods of segregation

(1)  The Competent Authority may, on application made in accordance with regulation 182 , approve a method of segregation not complying with Part 9 of the ADG Code for transporting dangerous and incompatible goods by road, if the Authority considers that –

(a) it is impracticable to segregate the goods by a segregation device, or method of segregation, complying with the Part; and

(b) the risk involved in using the method to transport the goods by road is not greater than the risk involved in using a device or method complying with the Part to transport the goods by road.

(2)  In giving its approval, the Competent Authority may impose in relation to the approval any condition necessary for the safe transport of dangerous goods.

(3)  A person to whom an approval has been given under this regulation must not contravene a condition of the approval.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 170 penalty units; or

(b) an individual, a fine not exceeding 35 penalty units.

Part 10 Bulk Transfer of Dangerous Goods

114 Meaning of bulk transfer

In this Part –

bulk transfer means the transfer by gravity, pump or pressure differential of liquid, solid or gaseous dangerous goods, by the use of pipework or hose, into or out of a tank vehicle, or into or out of a portable tank, demountable tank, bulk container, pressure drum, tube, MEGC or IBC that is on a vehicle.

115 Transferor’s duties – hose assemblies

(1)  A person must not use a hose assembly for the bulk transfer of dangerous goods if the person knows, or reasonably ought to know, that the assembly is damaged or defective to the extent that it is not safe to use to transfer the goods.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 85 penalty units; or

(b) an individual, a fine not exceeding 20 penalty units.

(2)  A person must not use a hose assembly for the bulk transfer of dangerous goods if the person knows, or reasonably ought to know, that the hose assembly –

(a) has not been constructed, assembled and maintained in accordance with Chapter 10.1 of the ADG Code; or

(b) has not been inspected or tested at the intervals, or in the way, required under that Chapter; or

(c) did not satisfy a test under that Chapter.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 170 penalty units; or

(b) an individual, a fine not exceeding 35 penalty units.

116 Transferor’s duties – general

(1)  A person engaged in the bulk transfer of dangerous goods must ensure that 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, that minimises the risk to the maximum extent that is practicable.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 85 penalty units; or

(b) an individual, a fine not exceeding 20 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, that –

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

(b) the receptacle contains incompatible goods.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 85 penalty units; or

(b) an individual, a fine not exceeding 20 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 resume transferring the goods until the conditions causing the leak, spill or escape have been rectified.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 85 penalty units; or

(b) an individual, a fine not exceeding 20 penalty units.

117 Occupier’s duties

(1)  The occupier of premises where bulk transfer of dangerous goods occurs must ensure that any hose assembly on the premises that is used, or that is intended to be used, for the transfer (other than a hose assembly brought onto the premises on the vehicle involved in 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 that Chapter; and

(c) satisfies each test under that Chapter.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 85 penalty units; or

(b) an individual, a fine not exceeding 20 penalty units.

(2)  The occupier of premises where the bulk transfer of dangerous goods occurs must ensure that 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.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 170 penalty units; or

(b) an individual, a fine not exceeding 35 penalty units.

(3)  The occupier must keep, in accordance with 10.1.3.4 of the ADG Code, accurate records of all maintenance work, and each inspection and test, carried out on any hose assembly to which subregulation (1) applies.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 30 penalty units; or

(b) an individual, a fine not exceeding 5 penalty units.

118 Prime contractor’s duties

(1)  A prime contractor engaged in the bulk transfer of dangerous goods must ensure that any hose assembly that is used, or that is intended to be used, for the transfer of the dangerous goods, other than a hose assembly for which the prime contractor is not responsible –

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

(b) has been inspected and tested at the intervals, and in the way, required under that Chapter; or

(c) satisfies each test under that Chapter.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 85 penalty units; or

(b) an individual, a fine not exceeding 20 penalty units.

(2)  A prime contractor engaged in the bulk transfer of dangerous goods must ensure that dangerous 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.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 170 penalty units; or

(b) an individual, a fine not exceeding 35 penalty units.

(3)  The prime contractor must keep, in accordance with 10.1.3.4 of the ADG Code, accurate records of all maintenance work, and each inspection and test, carried out on any hose assembly to which subregulation (1) applies.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 30 penalty units; or

(b) an individual, a fine not exceeding 5 penalty units.

119 Rail operator’s duties

A rail operator engaged in the bulk transfer of dangerous goods must ensure that any hose assembly that is used, or that is intended to be used, for the transfer of the dangerous goods, other than a hose assembly for which the rail operator is not responsible –

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

(b) has been inspected and tested at the intervals, and in the way, required under that Chapter; or

(c) satisfies each test under that Chapter.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 85 penalty units; or

(b) an individual, a fine not exceeding 20 penalty units.

120 Application of Division

This Division applies to bulk transfer into a tank vehicle.

121 Transferor's duties

(1)  A person engaged in the bulk transfer of dangerous goods must ensure that –

(a) for dangerous goods of UN Class 2 that are not in the form of refrigerated liquid, the quantity of the goods in the tank to which the goods are transferred does not exceed the maximum permitted filling ratio set out in 10.3.2 of the ADG Code; and

(b) in any other case, the ullage in the tank complies with 10.3.1 of the ADG Code.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 85 penalty units; or

(b) an individual, a fine not exceeding 20 penalty units.

(2)  If –

(a) a person is engaged in the bulk transfer of goods that are not dangerous goods to a tank (tank A); and

(b) tank A is on, or part of, a vehicle; and

(c) the person knows, or reasonably ought to know, that the vehicle –

(i) is carrying dangerous goods in another tank or in another compartment of tank A; or

(ii) is likely to carry dangerous goods in another tank, or in another compartment of tank A –

before tank A is emptied of the non-dangerous goods –

the person must ensure that the ullage in tank A in respect of the non-dangerous goods complies with 10.3.1 of the ADG Code as if the goods were dangerous goods.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 85 penalty units; or

(b) an individual, a fine not exceeding 20 penalty units.

122 Prime contractor's and rail operator's duties

(1)  A prime contractor or rail operator must not transport dangerous goods in a tank if –

(a) for dangerous goods of UN Class 2 that are not in the form of refrigerated liquid, the quantity of goods in the tank exceeds the maximum permitted filling ratio set out in 10.3.2 of the ADG Code; or

(b) in any other case, the ullage in the tank does not comply with 10.3.1 of the ADG Code.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 85 penalty units; or

(b) an individual, a fine not exceeding 20 penalty units.

(2)  If –

(a) a prime contractor or rail operator uses a vehicle to transport a tank (tank A) containing goods that are not dangerous goods; and

(b) at the same time uses the vehicle to also transport dangerous goods in another tank or in another compartment of tank A –

the prime contractor or rail operator must ensure that the ullage in tank A in respect of the non-dangerous goods complies with 10.3.1 of the ADG Code as if the goods were dangerous goods.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 85 penalty units; or

(b) an individual, a fine not exceeding 20 penalty units.

(3)  It is a defence to a prosecution for an offence against subregulation (2) that the prime contractor or rail operator complied with that subregulation as far as practicable.

123 Driver's duties

(1)  A person must not drive a road tank vehicle that is transporting dangerous goods if the person knows, or reasonably ought to know, that –

(a) for dangerous goods of UN Class 2 that are not in the form of refrigerated liquid, the quantity of goods in the tank exceeds the maximum permitted filling ratio set out in 10.3.2 of the ADG Code; or

(b) in any other case, the ullage in the tank does not comply with 10.3.1 of the ADG Code.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 85 penalty units; or

(b) an individual, a fine not exceeding 20 penalty units.

(2)  A person must not drive a road vehicle if –

(a) the vehicle has a tank (tank A) containing goods that are not dangerous goods; and

(b) the vehicle at the same time contains dangerous goods in another tank or in another compartment of tank A; and

(c) the person knows, or reasonably ought to know, that the ullage in tank A in respect of the non-dangerous goods would not comply with 10.3.1 of the ADG Code if the goods were dangerous goods.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 85 penalty units; or

(b) an individual, a fine not exceeding 20 penalty units.

Part 11 Documentation

124 False or misleading information

A person must not include information in transport documentation for dangerous goods that the person knows, or reasonably ought to know, is false or misleading in a material particular.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 170 penalty units; or

(b) an individual, a fine not exceeding 35 penalty units.

Note

An example of false information in transport documentation is the naming of a person as consignor of the dangerous goods if the person is not the consignor of the goods.

125 Consignor's duties – transport by road

(1)  A person must not consign dangerous goods for transport in or on a road vehicle if the prime contractor or driver of the road vehicle does not have transport documentation that complies with Chapter 11.1 of the ADG Code for the goods.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 55 penalty units; or

(b) an individual, a fine not exceeding 10 penalty units.

(2)  A person must not consign dangerous goods for transport by road if –

(a) the person knows, or reasonably ought to know, that the goods will be divided into, and transported in, separate loads; and

(b) the prime contractor, or the driver of each road vehicle transporting the load, has not been given separate transport documentation that complies with Chapter 11.1 of the ADG Code for each load.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 55 penalty units; or

(b) an individual, a fine not exceeding 10 penalty units.

126 Consignor's duties – transport by rail

(1)  A person must not consign dangerous goods for transport in or on a unit of rolling stock if the rail operator does not have transport documentation that complies with Chapter 11.1 of the ADG Code for the goods.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 55 penalty units; or

(b) an individual, a fine not exceeding 10 penalty units.

(2)  For the purposes of subregulation (1) , a rail operator is taken to have transport documentation if the contents of the documentation have been communicated to the rail operator by means of electronic data processing or electronic data interchange.

127 Prime contractor's duties

A prime contractor must ensure that a person does not drive a road vehicle used by the prime contractor to transport dangerous goods if –

(a) the person has not been given transport documentation that complies with Chapter 11.1 of the ADG Code for the goods; and

(b) the documentation is not readily able to be located in the vehicle in accordance with Chapter 11.1 of the ADG Code.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 85 penalty units; or

(b) an individual, a fine not exceeding 20 penalty units.

128 Rail operator's duties

(1)  A rail operator must not transport dangerous goods by rail unless the driver of the train transporting the goods has been given transport documentation that complies with Chapter 11.1 of the ADG Code for the goods.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 85 penalty units; or

(b) an individual, a fine not exceeding 20 penalty units.

(2)  For the purposes of subregulation (1) , a driver is taken to have transportation documentation if the contents of the documentation have been communicated to the driver by means of electronic data processing or electronic data interchange.

129 Driver's duties

(1)  The driver of a road vehicle transporting dangerous goods –

(a) must carry transport documentation for the goods; and

(b) must ensure that the documentation is located in the vehicle in accordance with Chapter 11.1 of the ADG Code.

Penalty:  Fine not exceeding 10 penalty units.

(2)  The driver of a road vehicle transporting dangerous goods must produce the transport documentation for the goods for inspection by an authorised officer, or an officer of an emergency service, if the officer asks the driver to produce the documentation for inspection.

Penalty:  Fine not exceeding 10 penalty units.

130 Train driver’s duties

(1)  This regulation does not apply if the train driver transporting dangerous goods is in a depot or yard, or is engaged in shunting operations, and the transport documentation for the goods is readily available elsewhere in the immediate vicinity of the depot, yard or those operations.

(2)  A person must not drive a train that the person knows, or reasonably ought to know, is transporting dangerous goods, if the person does not have transport documentation that complies with Chapter 11.1 of the ADG Code for the goods.

Penalty:  Fine not exceeding 10 penalty units.

(3)  A train driver transporting dangerous goods must produce the transport documentation for the goods for inspection by an authorised officer or an officer of an emergency service, if the officer asks the driver to produce the documentation for inspection.

Penalty:  Fine not exceeding 10 penalty units.

131 Prime contractor's duties - retention of documents

(1)  This regulation applies if these regulations or the ADG Code requires a prime contractor to create or use a document in relation to the transport of dangerous goods.

(2)  The prime contractor must retain the document, or a copy of the document, for at least 3 months after the transport of the dangerous goods by the prime contractor finishes.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 85 penalty units; or

(b) an individual, a fine not exceeding 20 penalty units.

(3)  It is a failure to comply with subregulation (2) if –

(a) a document, or a copy of a document, is not retained on paper and is not readily legible; and

(b) a paper copy of the document or copy cannot be readily created at any time during the 3 months at the request of an authorised officer.

132 Meaning of required emergency information

In this Division –

required emergency information means –

(a) emergency information that complies with Chapter 11.2 of the ADG Code; or

(b) emergency information that is approved under regulation 138 .

133 Consignor’s duties

A person must not consign a placard load for transport in or on a vehicle if the person knows, or reasonably ought to know, that the required emergency information for the dangerous goods in the load is not on the vehicle.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 55 penalty units; or

(b) an individual, a fine not exceeding 10 penalty units.

134 Prime contractor’s duties

A prime contractor must not use a road vehicle to transport a placard load if –

(a) the road vehicle is not equipped with an emergency information holder that complies with Chapter 11.2 of the ADG Code; and

(b) the required emergency information for the dangerous goods in the load is not in the holder.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 85 penalty units; or

(b) an individual, a fine not exceeding 20 penalty units.

135 Rail operator’s duties

(1)  A rail operator must not transport a placard load in a cargo transport unit on a train if the required emergency information for the dangerous goods in the load is not in the train driver’s cab.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 85 penalty units; or

(b) an individual, a fine not exceeding 20 penalty units.

(2)  Subregulation (1) does not apply when a train transporting a placard load is involved in shunting operations and the required emergency information for the dangerous goods in the load is readily available elsewhere in the immediate vicinity of those operations.

136 Driver’s duties

(1)  A person must not drive a road vehicle transporting a placard load if –

(a) the road vehicle is not equipped with an emergency information holder that complies with Chapter 11.2 of the ADG Code; and

(b) the required emergency information for the dangerous goods in the load provided by the consignor of the goods, or by the prime contractor for the transport of the goods, is not in the holder.

Penalty:  Fine not exceeding 10 penalty units.

(2)  The driver of a road vehicle transporting a placard load must ensure that the road vehicle’s emergency information holder contains only –

(a) the required emergency information for the dangerous goods in the load; and

(b) the transport documentation for the goods.

Penalty:  Fine not exceeding 10 penalty units.

(3)  The driver of a road vehicle transporting a placard load must produce the required emergency information for the dangerous goods in the load for inspection by an authorised officer, or an officer of an emergency service, if the officer asks the driver to produce the information for inspection.

Penalty:  Fine not exceeding 10 penalty units.

137 Train driver’s duties

(1)  A person must not drive a train that is transporting a placard load if the required emergency information for the dangerous goods in the load is not in the train driver’s cab.

Penalty:  Fine not exceeding 10 penalty units.

(2)  A train driver transporting a placard load must produce the required emergency information for the dangerous goods in the load for inspection by an authorised officer or an officer of an emergency service, if the officer asks the driver to produce the information for inspection.

Penalty:  Fine not exceeding 10 penalty units.

(3)  Subregulations (1) and (2) do not apply if the train driver transporting dangerous goods is in a depot or yard, or is engaged in shunting operations, and the required emergency information for the goods is readily available elsewhere in the immediate vicinity of the depot, yard or those operations.

138 Approvals – emergency information

The Competent Authority may, on application in accordance with regulation 182 or on the Authority’s own initiative, approve emergency information that does not comply with Chapter 11.2 of the ADG Code if the Authority considers that use of the information would be as accurate, and at least as convenient and efficient, as information that complies with the Chapter.

139 Consignor’s duties

A person must not consign dangerous goods that are packed in limited quantities for transport unless the person has provided the prime contractor with the information required by section 3.4.12.1 of the ADG Code in the form required by that section.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 55 penalty units; or

(b) an individual, a fine not exceeding 10 penalty units.

140 Prime contractor’s duties

A prime contractor who receives information under section 3.4.12.1 of the ADG Code must ensure that the information is readily ascertainable during transport of the dangerous goods.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 55 penalty units; or

(b) an individual, a fine not exceeding 10 penalty units.

141 False or misleading information

In providing information under section 3.4.12.1 of the ADG Code, a person must not include information that the person knows, or reasonably ought to know, is false or misleading in a material particular.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 170 penalty units; or

(b) an individual, a fine not exceeding 35 penalty units.

Part 12 Safety Equipment

142 Owner’s duties

The owner of a road vehicle must not use the road vehicle, or permit the road vehicle to be used, to transport a placard load if the road vehicle is not equipped with –

(a) fire extinguishers and portable warning devices that comply with Part 12 of the ADG Code; and

(b) any other equipment required under that Part.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 170 penalty units; or

(b) an individual, a fine not exceeding 35 penalty units.

143 Prime contractor’s duties

(1)  A prime contractor must not use a road vehicle to transport a placard load if the road vehicle is not equipped with –

(a) fire extinguishers and portable warning devices that comply with Part 12 of the ADG Code; and

(b) any other equipment required under that Part.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 170 penalty units; or

(b) an individual, a fine not exceeding 35 penalty units.

(2)  A prime contractor must not use a road vehicle to transport a placard load if the prime contractor knows, or reasonably ought to know, that the equipment for the road vehicle mentioned in subregulation (1)  –

(a) has not been inspected or tested in accordance with that Part; or

(b) is not in good repair or proper working order.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 170 penalty units; or

(b) an individual, a fine not exceeding 35 penalty units.

144 Driver’s duties

(1)  A person must not drive a road vehicle transporting a placard load if the road vehicle is not equipped with –

(a) fire extinguishers and portable warning devices that comply with Part 12 of the ADG Code; and

(b) any other equipment required under that Part.

Penalty:  Fine not exceeding 10 penalty units.

(2)  A person must not drive a road vehicle transporting a placard load if the person knows, or reasonably ought to know, that the equipment for the road vehicle mentioned in subregulation (1)  –

(a) is not stowed in accordance with Part 12 of the ADG Code; or

(b) has not been inspected or tested in accordance with that Part; or

(c) is not in good repair or is not in proper working order.

Penalty:  Fine not exceeding 10 penalty units.

Part 13 Procedures During Transport

145 Driver’s duties

(1)  This regulation applies if a road vehicle transporting a placard load –

(a) is broken down or otherwise immobilised, or has stopped, on a road; and

(b) is a traffic hazard.

(2)  The driver must alert other road users of the hazard in accordance with Part 13 of the ADG Code.

Penalty:  Fine not exceeding 5 penalty units.

(3)  A driver does not commit an offence against subregulation (2) with respect to a requirement under Part 13 of the ADG Code concerning the use of warning triangles on a road if the driver uses warning triangles in accordance with the requirements of rule 227 of the Road Rules.

146 Prime contractor’s duties

(1)  If a prime contractor knows, or ought reasonably to know, that a road vehicle transporting a placard load has broken down or is otherwise immobilised on a road, the prime contractor must, as soon as practicable, ensure that the road vehicle is –

(a) repaired so that it can be driven safely off the road; or

(b) towed to a place where it can be repaired.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 85 penalty units; or

(b) an individual, a fine not exceeding 20 penalty units.

(2)  The prime contractor must –

(a) remove the dangerous goods from the road vehicle before the road vehicle is repaired or towed; and

(b) transport the dangerous goods from the place of the breakdown or immobilisation –

if the risk involved in complying with paragraphs (a) and (b) is not greater than the risk involved in not complying with the paragraphs.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 85 penalty units; or

(b) an individual, a fine not exceeding 20 penalty units.

(3)  If the road vehicle is towed while still carrying dangerous goods that would require the driver of the vehicle to hold a dangerous goods driver licence, the prime contractor must ensure that the driver of the tow truck towing the vehicle –

(a) holds a dangerous goods driver licence that would authorise him or her to drive a vehicle with those dangerous goods; or

(b) is accompanied in the cabin of the tow truck by a person who holds a dangerous goods driver licence that would authorise him or her to drive a vehicle with those dangerous goods.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 85 penalty units; or

(b) an individual, a fine not exceeding 20 penalty units.

147 Rail operator’s duties

If a train transporting a placard load fails or is otherwise immobilised, the rail operator must, as soon as practicable, take all appropriate steps to ensure that a dangerous situation does not arise.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 85 penalty units; or

(b) an individual, a fine not exceeding 20 penalty units.

148 Driving

The driver of a road vehicle transporting a placard load must not allow any other person to ride in the vehicle except in accordance with Part 13 of the ADG Code.

Penalty:  Fine not exceeding 5 penalty units.

149 Parking

The driver of a road vehicle transporting a placard load must not park the road vehicle, or leave the road vehicle standing, in a public or private place except in accordance with Part 13 of the ADG Code.

Penalty:  Fine not exceeding 10 penalty units.

150 Control of ignition sources

(1)  This regulation applies to a road vehicle transporting –

(a) a load that contains –

(i) dangerous goods in a receptacle with a capacity of more than 500 litres; or

(ii) more than 500 kilograms of dangerous goods in a receptacle; and

(b) dangerous goods that are UN Division 2.1, UN Class 3, 4 or 5 dangerous goods or dangerous goods that have a subsidiary hazard of 2.1, 3, 4 or 5.1.

(2)  The driver of the road vehicle must not –

(a) have matches or a cigarette lighter in his or her possession in the road vehicle; or

(b) smoke in the road vehicle.

Penalty:  Fine not exceeding 35 penalty units.

(3)  The driver must do everything practicable to ensure that any other person in the road vehicle does not –

(a) have matches or a cigarette lighter in his or her possession; or

(b) smoke.

Penalty:  Fine not exceeding 35 penalty units.

151 Unloading

The driver of a road vehicle transporting a placard load must not permit the dangerous goods to be unloaded from the vehicle except in accordance with Part 13 of the ADG Code.

Penalty:  Fine not exceeding 35 penalty units.

152 Detaching trailer

The driver of a road vehicle that has attached to it a trailer transporting a placard load must not detach the trailer, or permit it to be detached from the vehicle, except in accordance with Part 13 of the ADG Code.

Penalty:  Fine not exceeding 35 penalty units.

153 Road tank vehicle equipped with burner

The driver of a road tank vehicle equipped with a burner must not operate the burner, or permit it to be operated, except in accordance with Part 13 of the ADG Code.

Penalty:  Fine not exceeding 35 penalty units.

154 Parking

A prime contractor must not direct or induce the driver of a road vehicle transporting a placard load to park the road vehicle, or leave the road vehicle standing, in a public or private place except in accordance with Part 13 of the ADG Code.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 55 penalty units; or

(b) an individual, a fine not exceeding 10 penalty units.

155 Unloading

A prime contractor must not direct or induce the driver of a road vehicle transporting a placard load to permit the dangerous goods to be unloaded from the vehicle except in accordance with Part 13 of the ADG Code.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 170 penalty units; or

(b) an individual, a fine not exceeding 35 penalty units.

156 Detaching trailer

A prime contractor must not direct or induce the driver of a road vehicle that has attached to it a trailer transporting a placard load to detach the trailer or permit it to be detached from the vehicle except in accordance with Part 13 of the ADG Code.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 170 penalty units; or

(b) an individual, a fine not exceeding 35 penalty units.

157 Road tank vehicle equipped with burner

A prime contractor must not direct or induce the driver of a road vehicle that is transporting a placard load, and that is equipped with a burner to heat the load, to operate the burner or permit it to be operated except in accordance with Part 13 of the ADG Code.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 170 penalty units; or

(b) an individual, a fine not exceeding 35 penalty units.

Part 14 Emergencies

158 Driver’s duties

(1)  This regulation applies if a road vehicle transporting dangerous goods is involved in an incident resulting in a dangerous situation.

(2)  The driver of the road vehicle must –

(a) notify the prime contractor, the Competent Authority, and the police or fire service, of the incident as soon as practicable; and

(b) provide any reasonable assistance required by an authorised officer, or an officer of an emergency service, to deal with the situation.

Penalty:  Fine not exceeding 10 penalty units.

159 Driver's and rail operator’s duties

(1)  This regulation applies if a train transporting dangerous goods is involved in an incident resulting in a dangerous situation.

(2)  The driver of the train must –

(a) notify the rail operator of the incident as soon as practicable; and

(b) provide any reasonable assistance required by an authorised officer, or an officer of an emergency service, to deal with the situation.

Penalty:  Fine not exceeding 10 penalty units.

(3)  On being notified by the train driver of the incident, the rail operator must –

(a) notify the police or fire service of the incident as soon as practicable; and

(b) provide any reasonable assistance required by an authorised officer, or an officer of an emergency service, to deal with the situation.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 55 penalty units; or

(b) an individual, a fine not exceeding 10 penalty units.

160 Prime contractor’s and rail operator’s duties – food or food packaging

(1)  This regulation 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)  In the case of a prime contractor, the prime contractor must ensure that 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.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 170 penalty units; or

(b) an individual, a fine not exceeding 35 penalty units.

(3)  In the case 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.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 170 penalty units; or

(b) an individual, a fine not exceeding 35 penalty units.

(4)  A permission under subregulation (2) or a direction under subregulation (3)  –

(a) must be in writing; 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 any other information that the Competent Authority considers necessary.

161 Prime contractors and rail operators to inform Competent Authority

(1)  This regulation applies if a vehicle transporting dangerous goods is involved in an incident resulting in a dangerous situation.

(2)  As soon as practicable after becoming aware of the incident, the prime contractor or rail operator responsible for the transport of the goods must provide the Competent Authority with the following details about the incident:

(a) where the incident happened;

(b) the time and date of the incident;

(c) the nature of the incident;

(d) the dangerous goods being transported when the incident happened;

(e) any other details that the Competent Authority may require.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 85 penalty units; or

(b) an individual, a fine not exceeding 20 penalty units.

(3)  Not later than 21 days after the day when the incident happens, the prime contractor or rail operator must give to the Competent Authority a written report about the incident stating the following:

(a) where the incident happened;

(b) the time and date of the incident;

(c) the nature of the incident;

(d) what the driver believes to be the likely cause of the incident;

(e) what the prime contractor or rail operator believes to be the likely cause of the incident;

(f) the dangerous goods being transported when the incident happened;

(g) the measures taken to control any leak, spill or accidental escape of dangerous goods, and any fire or explosion, arising out of the incident;

(h) the measures taken after the incident in relation to the dangerous goods involved in the incident.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 85 penalty units; or

(b) an individual, a fine not exceeding 20 penalty units.

162 Telephone advisory service

(1)  In this regulation –

telephone advisory service, for the transport of dangerous goods, means a service providing access, by a continuously monitored telephone not located on the carrying vehicle or train, to a person competent to give advice about –

(a) the construction and properties of the receptacles in which the dangerous goods are being transported; and

(b) the use of equipment on vehicles on which the dangerous goods are being transported; and

(c) the properties of the dangerous goods; and

(d) methods of safely handling the dangerous goods; and

(e) methods of safely containing and controlling the dangerous goods in a dangerous situation.

(2)  If a telephone advisory service is not available during the journey, a prime contractor or rail operator must not transport a load that contains –

(a) dangerous goods in a receptacle with a capacity of more than 500 litres; or

(b) more than 500 kilograms of dangerous goods in a receptacle.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 170 penalty units; or

(b) an individual, a fine not exceeding 35 penalty units.

(3)  If a telephone advisory service is not available during the journey, a person must not consign a load that contains –

(a) dangerous goods in a receptacle with a capacity of more than 500 litres; or

(b) more than 500 kilograms of dangerous goods in a receptacle.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 170 penalty units; or

(b) an individual, a fine not exceeding 35 penalty units.

(4)  A telephone advisory service may be provided by the prime contractor, rail operator or consignor, or another person on behalf of the prime contractor, rail operator or consignor.