Part 14ADG Code Special Provisions

Part 14—ADG Code Special Provisions 162—Application of this Part (1) This Part applies if a Special Provision referenced in the Dangerous Goods List applies to dangerous goods and that Special Provision prohibits the transport of the goods by land or imposes a restriction on the way the goods are to be transported by land. (2) A Special Provision is subject to any applicable determination under regulation 168. 163—Consignor's duties A person must not consign dangerous goods for transport if the person knows, or ought reasonably to know— 164—Packer's duties A person must not pack dangerous goods for transport if the person knows, or ought reasonably to know— 165—Loader's duties A person must not load dangerous goods on to a vehicle for transport if the person knows, or ought reasonably to know— 166—Prime contractor's and rail operator's duties A prime contractor or rail operator must not transport dangerous goods if the prime contractor or rail operator knows, or ought reasonably to know— (b) that the transport of the goods contravenes the Special Provision. 167—Driver's duties A person must not drive a road vehicle transporting dangerous goods if the person knows, or ought reasonably to know— (b) that the transport of the goods contravenes the Special Provision. Maximum penalty: $1 000. Part 15—Administration Division 1—Determinations and approvals Subdivision 1—Determinations 168—Determinations (1) For the purposes of Part 4 of the Act and these regulations, the Competent Authority may, on application or on its own initiative, determine— (a) that goods are or are not— (i) dangerous goods; or (ii) dangerous goods of a particular UN Class or UN Division; or (iii) dangerous goods with a particular Subsidiary Hazard; or (iv) substances of a particular Packing Group; or (v) incompatible with particular dangerous goods; or (b) that particular dangerous goods are or are not too dangerous to be transported; or (c) that particular dangerous goods may be, must or must not be transported in specified packaging (despite any prohibition or authorisation in the Dangerous Goods List); or (d) that particular dangerous goods may be or must or must not be transported— (i) using a specified vehicle, or kind of vehicle; or (ii) on a specified route; or (iii) in or through a specified area; or (iv) at a specified time; or (v) in quantities in excess of a specified amount; or (e) that particular dangerous goods may be or must not be transported in or on the same cargo transport unit as other goods (whether or not those other goods are dangerous goods). (2) A determination may be subject to any condition necessary for the safe transport of dangerous goods. To the extent of any inconsistency, a determination prevails over any provision of these regulations or the ADG Code in its application to particular dangerous goods. 169—Corresponding determinations (1) This regulation applies to a determination made by a corresponding authority if— (a) the determination is made under a provision of the law of the other jurisdiction corresponding to regulation 168; and (b) the determination has effect in the other jurisdiction; and (c) CAP has decided that the determination should have effect in all participating jurisdictions or participating jurisdictions including this State, and CAP has not reversed the decision. (2) The determination has effect in this State as if it were a determination made by the Competent Authority under regulation 168.