74Prime contractor’s and rail operator’s duties

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.