118Prime contractor’s duties

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.