47Approval of packaging designs

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.