116Transferor’s duties – general

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.