122Offences—transferor—duties in relation to bulk transfer

122 Offences—transferor—duties in relation to bulk transfer

(ii) in a way that— (A) eliminates risk; and (B) if it is not possible to eliminate risk—minimises risk to the maximum extent that is practicable. (i) the receiving receptacle or the transfer equipment is incompatible with the dangerous goods; or (ii) the receptacle contains incompatible goods. (a) the person is engaged in the bulk transfer of dangerous goods; and (b) during the transfer, dangerous goods leak, spill or accidentally escape; and (c) the person fails to— (i) immediately stop transferring the goods; or (ii) take all practicable steps to avoid, eliminate or minimise risk; or (iii) not start transferring the goods again until the conditions causing the leak, spill or escape have been rectified. (4) An offence against subsection (1) or (3) is a strict liability offence.

(5) It is a defence to a prosecution for an offence against subsection (1)