Dangerous Substances (Dangerous Goods Transport) Regulations 2023
Part 8Self-reactive substances, organic peroxides and certain other substances
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Part 8—Self-reactive substances, organic peroxides and certain other substances Division 1—Self-reactive substances, organic peroxides and certain other substances 92—Interpretation In this Part— designated dangerous goods means— (a) gases of UN Class 2; (b) self‑reactive substances of UN Division 4.1; (c) dangerous when wet substances of UN Division 4.3; (d) organic peroxides of UN Division 5.2; (e) toxic substances of UN Division or Subsidiary Hazard 6.1; (f) infectious substances of UN Division 6.2; (g) other substances for which the proper shipping name contains the word "STABILIZED" and the self‑accelerating decomposition temperature (as determined in accordance with Part 2 of the ADG Code) when presented for transport in a packaging is 50°C or lower. 93—Owner's duties The owner of a cargo transport unit that has been used to carry dangerous goods comprised of toxic substances of UN Division or Subsidiary Hazard 6.1 or infectious substances of UN Division 6.2 must not further use or permit the further use of the cargo transport unit if the owner knows, or ought reasonably to know, that the cargo transport unit has not been decontaminated. 94—Consignor's duties A person must not consign designated dangerous goods for transport if the person knows, or ought reasonably to know, that the goods are not loaded or stowed, or cannot be transported or unloaded, in accordance with Chapter 7.1 of the ADG Code. 95—Loader's duties A person must not load designated dangerous goods on a vehicle for transport otherwise than in accordance with Chapter 7.1 of the ADG Code. 96—Prime contractor's and rail operator's duties (1) A prime contractor or rail operator must not transport designated dangerous goods if the prime contractor or rail operator knows, or ought reasonably to know, that the transport does not comply with Chapter 7.1 of the ADG Code. (2) If a prime contractor or rail operator has used a cargo transport unit to carry dangerous goods comprised of toxic substances of UN Division or Subsidiary Hazard 6.1 or infectious substances of UN Division 6.2, the prime contractor or rail operator must ensure— (a) that markings, labels and placards indicating the presence of the dangerous goods are not removed from the cargo transport unit until the cargo transport unit has been decontaminated; and (b) that the cargo transport unit is not further used to transport dangerous goods until it has been decontaminated. 97—Driver's duties A person must not drive a road vehicle transporting designated dangerous goods if the person knows, or ought reasonably to know, that the goods are not being transported in accordance with Chapter 7.1 of the ADG Code. Division 2—Nominally empty storage vessels 98—Application of Division This Division applies to tanks or hoppers specified in section 7.2.7.1 of the ADG Code (nominally empty storage vessels). 99—Consignor's duties A person must not consign nominally empty storage vessels for transport in a cargo transport unit if the person knows, or reasonably ought to know, that the storage vessels are not loaded or stowed, or cannot be transported or unloaded, in accordance with Chapter 7.2 of the ADG Code. 100—Loader's duties A person must not load nominally empty storage vessels for transport by road or rail in a cargo transport unit other than in accordance with Chapter 7.2 of the ADG Code. 101—Prime contractor's and rail operator's duties A prime contractor or rail operator must not transport nominally empty storage vessels if the contractor or rail operator knows, or reasonably ought to know, that the transport does not comply with Chapter 7.2 of the ADG Code. 102—Driver's duties A person must not drive a road vehicle transporting nominally empty storage vessels if the person knows, or reasonably ought to know, that the storage vessels are not being transported in accordance with Chapter 7.2 of the ADG Code. Maximum penalty: $1 300.