Part 2Interpretation

Part 2—Interpretation 4—Interpretation (1) For the purposes of these regulations— Act means the Dangerous Substances Act 1979; ADG Code means the Australian Code for the Transport of Dangerous Goods by Road and Rail approved by the Ministerial Council as in force or remade from time to time; ADR approved means approved in accordance with the Agreement Concerning the International Carriage of Dangerous Goods by Road published by the Inland Transport Committee of the Economic Commission for Europe; aggregate quantity—the aggregate quantity of dangerous goods in a load is the total of— (a) the number of kilograms of— (i) solid dangerous goods; and (ii) articles (including aerosols), in the load; and (b) the number of litres or kilograms, whichever is used in the transport documentation for the load to describe the goods, of liquid dangerous goods in the load; and (c) the total capacity in litres of receptacles in the load containing dangerous goods of UN Class 2 (other than aerosols); ambulance officer means a person employed as an ambulance officer, or engaged as a volunteer ambulance officer, with an organisation that provides ambulance services; appropriately marked and labelled—see regulation 75; appropriately placarded—see regulation 79; approval—see regulation 170; approved packaging means— (a) packaging of a design that is approved under regulation 170(3); or (b) foreign approved packaging; approved tank means— (a) a tank of a design that is approved under regulation 170(3); or (b) a foreign approved tank; approved test means a test that is approved under regulation 170(1); approved training course means a training course that is approved under regulation 170(1); article means a manufactured item, other than a fluid or particle, that— (a) is formed into a particular shape or design during manufacture; and (b) has hazard properties and a function that are wholly or partly dependent on that shape or design, and includes batteries, aerosols, gas‑filled lighters, seat belt pre‑tensioners and refrigerating machines; bulk container means a system for containing solid substances, including any liner or coating that— (a) is designed for transporting solid substances in direct contact with the system; and (b) is of a permanent character suitable for repeated use; and (c) is designed to facilitate the transport of solid substances by 1 or more modes of transport, without the need for the substances to be unloaded and reloaded when transferred from 1 mode to another; and (d) is fitted with devices that permit ready handling; and (e) has a capacity of at least 1 m3, Freight containers, offshore bulk containers, skips, bulk bins, swap bodies, trough-shaped containers, roller containers, load compartments of vehicles and flexible containers are bulk containers. however, an IBC, large packaging or a portable tank is not a bulk container; bulk transfer of dangerous goods means the transfer by gravity, pump or pressure differential of liquid, solid or gaseous dangerous goods by the use of pipework or hose; CAP means the Competent Authorities Panel comprised of the Competent Authority and the corresponding authorities and acting under rules established by the participating jurisdictions through the National Transport Commission; capacity means the total internal volume of a packaging at a temperature of 15° Celsius, expressed in litres or cubic metres; cargo transport unit means— (a) a road transport tank or freight vehicle; or (b) a railway transport tank or freight wagon; or (c) a portable tank; or (d) a bulk container; or (e) a freight container; or (f) a MEGC; compliance plate means a plate that must be attached to an MEGC, portable tank or tank vehicle under Part 6 of the ADG Code; consignor—a person is the consignor of goods that are transported if— (a) the person is, with the person's authority, named or otherwise identified in transport documentation as the consignor of the goods; or (b) the person engages a prime contractor or rail operator, either directly or through an agent or other intermediary, to transport the goods; or (c) the person has possession of, or control over, the goods immediately before the goods are transported; or (d) the person loads a vehicle with the goods, for transport, at a place— (i) where dangerous goods are awaiting collection; and (ii) that is unattended (except by the driver) during loading; or (e) in the case of goods transported following their import into Australia—the person is the importer of the goods; converter dolly— (a) in relation to a light vehicle (within the meaning of the Road Traffic Act 1961)—has the same meaning as in the Road Traffic (Light Vehicle Standards) Rules 2018; (b) in relation to a heavy vehicle (within the meaning of the Road Traffic Act 1961)—has the same meaning as in the Heavy Vehicle National Law (South Australia); corresponding approval means an approval to which regulation 171 applies; corresponding authority means the authority in another participating jurisdiction, or if there are separate authorities in that jurisdiction in relation to road transport and to rail transport, the authority in relation to road transport or rail transport, as the case requires, whose functions most nearly correspond to those of the Competent Authority; corresponding dangerous goods driver licence means a licence granted under a provision of the law of another State or a Territory of the Commonwealth corresponding to regulation 21 and to which regulation 42 applies; corresponding dangerous goods vehicle licence means a licence granted under a provision of the law of another State or a Territory of the Commonwealth corresponding to regulation 27 and to which regulation 42 applies; corresponding determination means a determination to which regulation 169 applies; corresponding exemption means an exemption to which regulation 182 applies; corresponding law means a law of another State or a Territory of the Commonwealth corresponding, or substantially corresponding, to Part 4 of the Act and these regulations; dangerous goods—see regulation 12; dangerous goods driver licence means a licence that is in force under Part 3 Division 2; Dangerous Goods List means the list set out in section 3.2.3 of the ADG Code; dangerous goods vehicle licence means a licence that is in force under Part 3 Division 3; demountable tank means a tank, other than a portable tank, that is designed to be carried on a vehicle but that does not form part of and is not permanently attached to the vehicle and is designed to be removable; determination—see regulation 168; driver licence means a licence (including a probationary and a conditional licence but not including a provisional or learner's licence or permit) issued under the Motor Vehicles Act 1959 or a law of another State or a Territory of the Commonwealth that corresponds to that Act authorising the driver to drive a road vehicle; emergency services officer means— (a) an officer or employee of South Australian Metropolitan Fire Service, South Australian Country Fire Service or South Australian State Emergency Service; or (b) an ambulance officer; equipment, in relation to a vehicle, includes a device for segregating dangerous goods from incompatible goods; exemption means an exemption granted under section 36 of the Act; fire service means the South Australian Metropolitan Fire Service or the South Australian Country Fire Service; food includes— (a) a substance prepared or intended for human or animal consumption; and (b) a substance (except dangerous goods) intended to be an ingredient of food; food packaging means— (a) a receptacle that contains, or is designed or intended to contain, food; or (b) material designed or intended to be used in a receptacle that is designed or intended to contain food; or (c) plastic wrapping intended for the packaging of food; foreign approved, in relation to packaging, means packaging that has the markings required by Part 6 of the ADG Code for packaging of its type, in confirmation that the packaging is ADR, ICAO, IMO, RID or UN approved; Types of foreign approved packaging include, but are not limited to, bulk containers, IBCs, large packagings, MEGCs, portable tanks, pressure drums and tubes that are ADR, ICAO, IMO, RID or UN approved. freight container means a container that— (a) is of a permanent character suitable for repeated use; and (b) is designed to facilitate the transport of goods by 1 or more modes of transport, without the need for the goods to be unloaded and reloaded when the container is transferred from 1 mode to another; and (c) is fitted with devices that permit the ready stowage and handling of the container, particularly in relation to the transfer of the container from 1 mode of transport to another; and (d) is designed in a way that facilitates the ease of loading and unloading of goods from the container; and (e) for a container used to transport goods other than radioactive material—has an internal volume of at least 1 m3; goods means substances or articles; goods too dangerous to transport—see regulation 13; Heavy Vehicle National Law (South Australia) has the same meaning as in the Heavy Vehicle National Law (South Australia) Act 2013; hose assembly means a hose, or hoses connected together, for use in the transfer of dangerous goods to or from a tank on a vehicle, a portable tank or a storage receptacle and includes— (a) if there are 2 or more hoses connected together—the connections between the hoses; and (b) the attachment connecting the hose or hoses to the tank; and (c) anything else (except the vehicle, tank or receptacle) attached to the hose or hoses; IBC (intermediate bulk container) means a rigid or flexible portable packaging for the transport of dangerous goods that complies with the specifications in Chapter 6.5 of the ADG Code and that— (a) has a capacity of not more than— (i) for solids of Packing Group I packed in a composite, fibreboard, flexible, wooden or rigid plastics container—1 500 litres; and (ii) for solids of Packing Group I packed in a metal container—3 000 litres; and (iii) for solids or liquids of Packing Groups II and III—3 000 litres; and (b) is designed for mechanical handling, but does not include rigid or flexible portable packaging that complies with the requirements of Chapter 6.1, 6.3 or 6.6 of the ADG Code; ICAO approved means approved in accordance with the ICAO Technical Instructions as in force from time to time; ICAO Technical Instructions means the Technical Instructions for the Safe Transport of Dangerous Goods by Air published by the International Civil Aviation Organisation as in force from time to time; IMDG Code means the International Maritime Dangerous Goods Code published by the International Maritime Organisation as in force from time to time; IMO approved means approved in accordance with the IMDG Code; incompatible—see regulation 17; inner packaging has the same meaning as in section 1.2.1 of the ADG Code; intermediate packaging has the same meaning as in section 1.2.1 of the ADG Code; journey means the transport of dangerous goods from where the goods are consigned to where the goods are delivered to the consignee; large packaging means packaging that— (a) consists of outer packaging that contains articles or inner packagings; and (b) is designed for mechanical handling; and (c) has— (i) a net mass of more than 400 kilograms or a capacity of more than 450 litres; and (ii) a volume of not more than 3 m3; load—a person loads goods on to a vehicle for transport if the person— (a) places or secures unpackaged articles or 1 or more packages of goods in or on the vehicle (but not by placing or securing a package in further packaging already on the vehicle); or (b) supervises an activity mentioned in paragraph (a); or (c) manages or controls an activity mentioned in paragraph (a) or (b); load— (a) all the goods transported in a cargo transport unit on a unit of rolling stock being operated or used on rails constitute a load; and (b) all the goods transported in or on a vehicle (other than a vehicle that is a unit of rolling stock being operated or used on rails or a cargo transport unit on such a unit of rolling stock) constitute a load, and, for those purposes, goods transported in or on all trailers attached to a vehicle (including a vehicle that is a cargo transport unit on a unit of rolling stock) will be regarded as being transported in or on the vehicle; MEGC (multiple‑element gas container) means a multimodal assembly of cylinders, tubes or bundles of cylinders that are interconnected by a manifold and assembled within a framework for the transport of gases in the cylinders and tubes, together with service equipment and structural equipment necessary for the transport of gases in the cylinders and tubes; Ministerial Council means the body (however described) that consists of the Minister of the Commonwealth, and the Minister of each State and Territory, who is responsible, or principally responsible, for matters relating to infrastructure and transport; multimodal means applicable to, or suitable for use on, more than 1 mode of transport; NATA means the National Association of Testing Authorities Australia; outer packaging has the same meaning as in section 1.2.1 of the ADG Code; overpack means an enclosure, other than large packaging, used to contain 1 or more packages in a way that forms 1 unit for convenience of stowage and handling during transport; • packages placed or stacked on a pallet and secured by strapping, shrink wrapping, stretch wrapping or another suitable way; • packages placed in protective outer packaging such as in a box or crate. owner—a person is an owner of a vehicle if the person— (a) is the sole owner, a joint owner or a part owner of the vehicle; or (b) has possession or use of the vehicle under a credit, hire‑purchase, lease or other agreement, except an agreement requiring the vehicle to be registered in the name of someone else; pack—a person packs goods for transport if the person— (a) puts the goods in a packaging (even if that packaging is already in or on a vehicle); or (b) assembles, places or secures packages in packaging designed to hold, enclose or otherwise contain more than 1 package (even if that packaging is already in or on a vehicle); or (c) supervises an activity mentioned in paragraph (a) or (b); or (d) manages or controls an activity mentioned in paragraph (a), (b) or (c); package—a package of dangerous goods or other goods is the complete product of the packing of the goods for transport, and consists of the goods and their packaging; packaging includes— (a) inner packaging, intermediate packaging, outer packaging, an overpack, large packaging, an IBC, an MEGC, a tank (including the tank of a tank vehicle), a bulk container or freight container, a drum, a barrel, a jerry can, a box and a bag; and (b) any other components or materials used for containing the contents of the packaging, or performing another safety function in relation to the transport of the packaging and its contents; Packing Group—see regulation 16; participating jurisdiction means this State or another State or a Territory of the Commonwealth that has a corresponding law; placard load means a load of dangerous goods that— (a) contains dangerous goods in a receptacle, other than an article, with a capacity of more than 500 litres; or (b) contains more than 500 kilograms of dangerous goods in a receptacle, other than an article; or (c) contains an aggregate quantity of dangerous goods (other than specified goods) of 250 or more and those goods include— (i) dangerous goods of UN Division 2.1 that are not aerosols; or (ii) dangerous goods of UN Division 2.3; or (iii) dangerous goods of Packing Group I; or (d) contains dangerous goods of Category A of UN Division 6.2; or (e) contains an aggregate quantity of dangerous goods of UN Division 6.2 (other than Category A) of 10 or more; or (f) contains an aggregate quantity of dangerous goods (other than specified goods) of 1 000 or more; or (g) contains specified goods if— (i) the specified goods include an aggregate of 2 000 or more of any 1 UN Number from a single place or consignment; or (ii) the total gross mass of the specified goods is 8 tonnes or more; or (h) contains a mixture of specified goods and dangerous goods that do not otherwise constitute a placard load under paragraphs (a) to (g) (inclusive) with a combined quantity as follows: (i) if the load contains dangerous goods referred to in subparagraphs (c)(i), (ii) or (iii)—the aggregate quantity of those goods plus 10% of the total gross mass of the specified goods is 250 or more; (ii) in any other case—the aggregate quantity of dangerous goods that are not specified goods plus 25% of the total gross mass of the specified goods is 1 000 or more; portable tank means a tank used for the transport of a solid, liquid or gas that— (a) includes a shell fitted with service equipment and structural equipment necessary for the transport of the solid, liquid or gas; and (b) is capable of being loaded and unloaded without removing its structural equipment; and (c) has stabilising components external to its shell, and is capable of being lifted when full; and (d) is designed primarily to be loaded on to a vehicle or vessel and is equipped with skids, mountings or accessories to facilitate mechanical handling; and (e) for a tank used for transporting a substance of UN Class 1 or UN Class 3 to 9—is a multimodal tank; and (f) for a tank used for transporting non-refrigerated, liquefied gases of UN Class 2—is a multimodal tank having a capacity of more than 450 litres; and (g) for a tank used for transporting refrigerated, liquified gases of UN Class 2—is a thermally insulated tank having a capacity of more than 450 litres; and (h) is not an item that is not considered to be a portable tank for the purposes of the ADG Code; See the definition of portable tank in section 1.2.1 of the ADG Code for the list of items that are not considered to be a portable tank for the purposes of the ADG Code. pressure drum means a welded transportable pressure receptacle of a water capacity of more than 150 litres but not more than 1 000 litres; prime contractor—a person is a prime contractor in relation to goods transported by road vehicle if the person, in conducting a business of or involving the transport of dangerous goods, undertakes to be responsible, or is responsible, for the transport of the goods by road vehicle; prime mover means a road vehicle that is designed to tow a trailer but does not include a vehicle that has a load carrying capacity without a trailer; rail operator—a person is a rail operator in relation to goods transported by rail if the person undertakes to be responsible, or is responsible, for— (a) the transport of the goods by rail; or (b) the condition of a unit of rolling stock transporting the goods; rail tank wagon means a rail wagon of which a tank forms an integral part; rail wagon means a unit of rolling stock that— (a) is designed to carry freight by rail; and (b) bears a unique identifying number or alphanumeric identifier; receptacle, in relation to a substance or article, means a container that is— (a) for receiving and holding the substance or article (including anything that enables the container to be closed); and (b) in contact with the substance or article; registered vehicle means a vehicle registered under the Motor Vehicles Act 1959 or a law of the Commonwealth or of another State or a Territory of the Commonwealth dealing with the registration of motor vehicles; RID approved means approved in accordance with the Regulations Concerning the International Carriage of Dangerous Goods by Rail published by the Intergovernmental Organisation for International Carriage by Rail; road includes a road-related area within the meaning of the Road Traffic Act 1961 (but the meaning of road in these regulations is not limited to the meaning of road in that Act); road tank vehicle means a road vehicle of which a tank forms part or to which a tank, other than a portable tank, is attached; road vehicle means any vehicle other than a unit of rolling stock being operated or used on rails; service equipment, in relation to an MEGC or tank, has the meaning given in section 6.7.2.1, 6.7.3.1, 6.7.4.1 or 6.7.5.1 of the ADG Code, as the case requires; Special Provision—Column 6 of the Dangerous Goods List specifies whether a Special Provision applies to dangerous goods, and Chapter 3.3 of the ADG Code lists the Special Provisions that apply; specified goods means— (a) dangerous goods that are packed in limited quantities; and (b) the following dangerous goods: (i) fireworks that are bon bons, party poppers or sparklers; (ii) domestic smoke detectors containing radioactive material; (iii) lighters or lighter refills containing flammable gas; (iv) fire extinguishers with compressed or liquefied gas, up to a net mass of 23 kilograms; and (c) a combination of the dangerous goods referred to in paragraphs (a) and (b); See Note 5 to Table 5.3 of the ADG Code. structural equipment, in relation to an MEGC or tank, has the meaning given in section 6.7.2.1, 6.7.3.1, 6.7.4.1 or 6.7.5.1 of the ADG Code, as the case requires; Subsidiary Hazard—see regulation 15; tank means— (a) unless the context otherwise requires, a reference in these regulations to a tank is a reference to a portable tank, a road tank vehicle, a rail tank wagon, or a receptacle used to contain a solid, liquid or gas; (b) however, a reference to a tank includes an item mentioned in paragraph (a) that is used to transport a gas (as defined in section 2.2.1.1 of the ADG Code) only if it has a capacity of at least 450 litres; tank vehicle means a road vehicle or unit of rolling stock— (a) of which a tank forms part; or (b) to which a tank (other than a portable tank) is attached; trailer means a road vehicle that is designed to be towed, or is towed, by another road vehicle but does not include a road vehicle propelled by a motor that forms part of the vehicle; train means 2 or more units of rolling stock that are coupled together, at least 1 unit of which is a locomotive or self propelled unit; transport documentation means a manifest of goods being, or to be, transported in or on a vehicle; tube means a pressure receptacle of seamless or composite construction having a water capacity exceeding 150 litres but not more than 3 000 litres; UN approved means approved in accordance with the Recommendations on the Transport of Dangerous Goods, Model Regulations published by the United Nations; UN Class of dangerous goods means the Class to which dangerous goods belong in accordance with regulation 14; UN Division of dangerous goods means the Division to which dangerous goods of a particular UN Class belong in accordance with regulation 14; unit of rolling stock means a vehicle designed to run on rails; the term includes a vehicle that is designed to operate or be used on a road or on rails but only while it is being operated or used on rails. A rail wagon; a rail tank wagon; a locomotive; a guard's van; a crew or passenger carriage; a track maintenance vehicle. (2) For the purposes of these regulations, a packaging will be taken to contain dangerous goods if it has contained dangerous goods, the dangerous goods have been unpacked from the packaging and the packaging is not free from dangerous goods. (3) For the purposes of the definition of unit load in the Act, unit load has the same meaning as overpack. 5—Reference to ADG Code extends to special provisions (1) For the purposes of these regulations, a reference to a particular Part, Chapter or section of the ADG Code is to be read as if it incorporated and were subject to the Special Provisions referenced in the Dangerous Goods List. (2) Consequently, for example— (a) in Part 6, a requirement for a package of dangerous goods to be marked and labelled in accordance with Chapter 5.2 of the ADG Code is subject to any applicable Special Provision referenced in the Dangerous Goods List, and includes a requirement that the package be marked and labelled in accordance with any additional requirement specified in such a Special Provision (for example, SP No 29); and (b) in Part 9, a requirement for dangerous goods and their packaging to be stowed, loaded and restrained in accordance with Chapter 8.1 of the ADG Code is subject to any applicable Special Provision referenced in the Dangerous Goods List, and includes a requirement that the goods and their packaging be stowed, loaded and restrained in accordance with any additional requirement specified in such a Special Provision (for example, SP No 132); and (c) in Part 12, a requirement for transport documentation to comply with Chapter 11.1 of the ADG Code is subject to any applicable Special Provision referenced in the Dangerous Goods List, and includes a requirement that the documentation comply with any additional requirement specified in such a Special Provision (for example, SP No 274 and SP No 297). See also regulation 52. 6—References in the ADG Code to regulations For the purposes of these regulations, a reference in the ADG Code to a numbered regulation is to be taken to be a reference to the provision in these regulations that corresponds to the provision of that number in Schedule 2 of the National Transport Commission (Model Legislation—Transport of Dangerous Goods by Road or Rail) Regulations 2007 of the Commonwealth. 7—References to codes, standards and rules (1) In these regulations, a reference to an instrument includes a reference to another instrument as applied or adopted by, or incorporated in, the first instrument (including the instrument as amended from time to time if that is how it is applied, adopted or incorporated). (2) In these regulations, unless the contrary intention appears, a reference to an instrument (other than the ADG Code) is a reference to the instrument as amended from time to time. (3) In this regulation— instrument means a code, standard, rule or other document (whether made in or outside Australia), and includes a provision of an instrument. 8—References to licences, determinations, approvals and exemptions In these regulations, a reference to— (a) a dangerous goods driver licence, dangerous goods vehicle licence, determination, approval or exemption; or (b) a corresponding dangerous goods driver licence, corresponding dangerous goods vehicle licence, corresponding determination, corresponding approval or corresponding exemption, includes a reference to the licence, determination, approval or exemption as varied. 9—References to variation of licences, determinations, approvals and exemptions In these regulations, a reference to the variation of— (a) a dangerous goods driver licence, dangerous goods vehicle licence, determination, approval or exemption; or (b) a corresponding dangerous goods driver licence, corresponding dangerous goods vehicle licence, corresponding determination, corresponding exemption or corresponding approval, includes a reference to a variation by addition, omission or substitution. 10—Inconsistency between regulations and codes etc If all or part of a code, standard, rule or other document (whether made in or outside Australia) is applied or adopted by, or is incorporated in, these regulations and the code, standard, rule or other document or the relevant part of the code, standard, rule or other document is inconsistent with these regulations, these regulations prevail to the extent of the inconsistency. 11—Transitional arrangement if ADG Code or related instrument amended or remade (1) This regulation applies if— (a) the ADG Code is amended or remade or a code standard or rule applied or adopted by, or incorporated in, the ADG Code is amended or remade; and (b) the amendment or remake has the effect of imposing a new requirement on a person, or modifying an existing requirement applying to a person, under these regulations. (2) The new requirement or modified existing requirement does not apply in relation to the person for the duration of the relevant period. (3) These regulations apply to the person for the duration of the relevant period as if the amendment or remake had not taken effect. (4) This regulation is subject to any other provision of these regulations that provides for when or how the new requirement or modified existing requirement applies in relation to the person. (5) For the purposes of this regulation— relevant period, for an amendment or remake referred to in subregulation (1)(a), means the period starting on the day the amendment or remake takes effect and ending on the day falling 12 months after that day; requirement means a duty, obligation, requirement or restriction (however described).