65Prime contractor’s and rail operator’s duties

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.