Division Div 4 - National Transport Commission (Model Amendments: Transport of Dangerous Goods by Road or Rail - Package No. 1) Regulations 2009 - 4—Offences relating to general packaging | Zoe
National Transport Commission (Model Amendments: Transport of Dangerous Goods by Road or Rail - Package No. 1) Regulations 2009
Div 44—Offences relating to general packaging
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Division 4.4—Offences relating to general packaging
4.4.1 Meaning of general packaging in this Division
In this Division, general packaging means all packaging (including large packagings) other than portable tanks, MEGCs, bulk containers, freight containers, tanks on tank vehicles and overpacks. general packaging.
4.4.2 Duty on consignors
A person must not consign dangerous goods for transport in any general packaging if the person knows, or ought reasonably to know, that:
4.4.3 Duty on packers
(1) A person must not pack dangerous goods for transport in any general packaging if the person knows, or ought reasonably to know, that the packaging is unsuitable for the transport of the goods.
(2) A person must not pack dangerous goods for transport in any general packaging in a way that the person knows, or ought reasonably to know, does not comply with any relevant provision in Part 4 of the ADG Code.
4.4.4 Duty on loaders
A person must not load dangerous goods that are in any general packaging on to a vehicle for transport if the person knows, or ought reasonably to know, that the packaging is damaged or defective to the extent that it is not safe to use to transport the goods.
4.4.5 Duty on prime contractors and rail operators
A prime contractor or rail operator must not transport dangerous goods in any general packaging if the prime contractor or rail operator knows, or ought reasonably to know, that the packaging is damaged or defective to the extent that it is not safe to use to transport the goods.
4.4.6 Duty on drivers
A person must not drive a road vehicle transporting dangerous goods in any general packaging if the person knows, or ought reasonably to know, that the packaging is damaged or defective to the extent that it is not safe to use to transport the goods by road.
Division 4.5—Offences relating to other packaging
4.5.1 Meaning of other packaging in this Division
In this Division, other packaging means MEGCs, portable tanks, demountable tanks, bulk containers, freight containers and tanks on tank vehicles.
4.5.2 Duty on manufacturers – compliance plates – portable tanks, MEGCs and tank vehicles
(1) A person who manufactures a portable tank or an MEGC for use in the transport of dangerous goods must attach a compliance plate to the tank or MEGC in accordance with Chapter 6.7 of the ADG Code.
Offence provision. (new)
(2) {Subclause (1) does not apply to a person in relation to a portable tank if Chapter 6.7 of the ADG Code permits the marking of the tank instead of the attachment of a compliance plate, and if the tank is marked as required by that Chapter.
(3) A person who manufactures a tank vehicle for use in the transport of dangerous goods must attach a compliance plate to the vehicle in accordance with Section 6.9.2.2 of the ADG Code.
{(4) An offence against {subclause} (1) or (3) is an offence of strict liability.}
4.5.3 Duty on owners – portable tanks, demountable tanks and MEGCs
(1) The owner of a portable tank, a demountable tank or an MEGC must not use the tank or MEGC, or permit the tank or MEGC to be used, to transport dangerous goods if the tank or MEGC is unsuitable for the transport of the goods.
4.5.4 Duty on consignors
(1) A person must not consign dangerous goods for transport in any other packaging provided by the person if:
(2) A person must not consign dangerous goods for transport in any other packaging that was provided by any other person if:
4.5.5 Duty on packers
(1) A person must not pack dangerous goods for transport in any other packaging if the person knows, or reasonably ought to know, that the packaging is unsuitable for the transport of the goods.
(2) A person must not pack dangerous goods for transport in any other packaging in a way that the person knows, or ought reasonably to know, does not comply with any relevant provision in Part 4 of the ADG Code.
4.5.6 Duty on loaders
A person must not load dangerous goods that are in any other packaging on to a vehicle for transport if the person knows, or ought reasonably to know, that the packaging is unsuitable for the transport of the goods.
4.5.7 Duty on prime contractors and rail operators
(1) A prime contractor or rail operator must not transport dangerous goods in any other packaging provided by the prime contractor or rail operator if:
(2) A prime contractor or rail operator must not transport dangerous goods in any other packaging provided by any other person if the prime contractor or rail operator knows, or ought reasonably to know, that:
4.5.8 Duty on drivers
A person must not drive a road vehicle transporting dangerous goods in any other packaging if the person knows, or ought reasonably to know, that:
Division 4.6—Offences relating to overpacks
4.6.1 Duty on consignors
(1) A person must not consign dangerous goods for transport in an overpack if the preparation of the overpack and its contents does not comply with either:
4.6.2 Duty on packers
A person must not pack dangerous goods for transport in an overpack if the person knows, or reasonably ought to know, that the packing of the packages into the overpack, or the preparation of the overpack or its contents, does not comply with either:
4.6.3 Duty on loaders
A person must not load dangerous goods in an overpack on to a vehicle for transport if the person knows, or reasonably ought to know, that the preparation of the overpack or its contents, does not comply with either:
4.6.4 Duty on prime contractors and rail operators
A prime contractor or rail operator must not transport dangerous goods in an overpack if the prime contractor knows, or reasonably ought to know, that the preparation of the overpack or its contents, does not comply with either:
4.6.5 Duty on drivers
A person must not drive a road vehicle transporting dangerous goods in an overpack if the person knows, or reasonably ought to know, that the preparation of the overpack or its contents, does not comply with either:
72. Substitution of clauses 5.2.1 and 5. 72. Substitution of clauses 5.2.1 and 5.2.2
72. Substitution of clauses 5.2.1 and 5.2.2
For clauses 5.2.1 and 5.2.2 substitute –
“5.2.1 {reserved}”.
5.2.2 Meaning of appropriately marked
(1) Any receptacle (other than a transport unit or an overpack) that has a capacity of more than 500 kilograms or litres is appropriately marked if it is marked and labelled in accordance with Chapters 5.2 and 5.3.3 of the ADG Code. (7.2, amd)
(2) Any other package of dangerous goods (other than an overpack) is appropriately marked if it is marked and labelled in accordance with Chapter 5.2 of the ADG Code. (7.2, amd)
(3) An overpack is appropriately marked if it is marked and labelled in accordance with Section 5.1.2 of the ADG Code.
(4) A package of dangerous goods that are packed in limited quantities is also appropriately marked if it is marked and labelled in accordance with Chapter 3.4 of the ADG Code.
(5) A package of dangerous goods that are to be transported as a retail distribution load in accordance with Chapter 7.3 of the ADG Code is also appropriately marked if it is marked and labelled in accordance with that Chapter.”.
73. Duty of consignors in relation to ma 73. Duty of consignors in relation to marking
73. Duty of consignors in relation to marking
In clause 5.2.3 –
(a) omit “or overpack” (wherever occurring);
(b) in subclauses (1) and (2), after “transport” insert “in a package”;
(c) in subclause (3), after “but” insert “that”.
74. Substitution of clauses 5.2.4 and 5. 74. Substitution of clauses 5.2.4 and 5.2.5
74. Substitution of clauses 5.2.4 and 5.2.5
For clauses 5.2.4 and 5.2.5 substitute –
“5.2.4 Packer’s duties
(1) A person must not pack dangerous goods for transport in a package if the person knows, or reasonably ought to know, that the package is not, or will not be once the package is ready to be transported, appropriately marked.
(2) A person who packs dangerous goods for transport in a package must not mark or label the package with a marking or label about its contents that the person knows, or reasonably ought to know, is false or misleading in a material particular.
(3) A person who packs goods for transport in a package must not mark or label the package as if it contained dangerous goods if the person knows, or reasonably ought to know, that it does not contain dangerous goods.
Offence provision. (7.4, amd)
5.2.5 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.
(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 about its contents is false or misleading in a material particular.
(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.
Offence provision. (7.5, amd)”.
75. When load must be placarded 75. When load must be placarded
75. When load must be placarded
(1) For clauses 5.3.1(1)(a) – (e) substitute –
“(a) it contains:
(ii) more than 500 kilograms of dangerous goods in a receptacle; or
(b) it contains an aggregate quantity of dangerous 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
(c) it contains dangerous goods of Category A of UN Division 6.2; or
(d) it contains an aggregate quantity of dangerous goods of UN Division 6.2 (other than Category A) of 10 or more; or
(e) it contains an aggregate quantity of dangerous goods of 1 000 or more.”.
76. Substitution of clause 5.3.2 76. Substitution of clause 5.3.2
76. Substitution of clause 5.3.2
For clause 5.3.2 substitute –
“5.3.2 Meaning of appropriately placarded
(1) A person placards a load of dangerous goods if the person affixes, stencils, prints or places a label (as defined in the ADG Code) or an emergency information panel (as defined in Section 5.3.1.3 of the ADG Code) in relation to the load on any thing that is being, or that is to be, used to transport the load.
(2) In this Division, a placard load is appropriately placarded if it is placarded in accordance with Chapter 5.3 of the ADG Code. (7.6, amd)”.
77. Duties in relation to placarding 77. Duties in relation to placarding
77. Duties in relation to placarding
(1) For clause 5.3.3(3) substitute –
“(3) A person must not consign goods for transport in or on a transport unit that does not contain dangerous goods but that is placarded as if it was a placard load.
Offence provision. (7.7, amd/2)”.
(2) In clauses 5.3.4(1) and (2), before “for transport” insert “on to a vehicle”.
(3) For clause 5.3.4(3) substitute –
“(3) A person who loads goods on to a vehicle for transport must not placard the load as if it was a placard load if the person knows, or reasonably ought to know, that the load does not contain dangerous goods.
(4) For clause 5.3.5(3) substitute –
“(3) A prime contractor or rail operator must not use a transport unit that is placarded as if it was a placard load if the person knows or reasonably ought to know that the transport unit does not contain dangerous goods.
Offence provision. (7.9)”.
(5) For clause 5.3.6(3) substitute –
“(3) A person must not drive a road vehicle that is, or that incorporates, a transport unit that is placarded as if it was a placard load if the person knows or reasonably ought to know that the vehicle does not contain dangerous goods.
Offence provision. (7.10 – road only)”.
78. Minor amendments 78. Minor amendments
78. Minor amendments
(1) In clause 6.1.3, for “for transport in or on a vehicle” substitute “on to a vehicle for transport”.
(2) In clause 6.1.5, for “the road” substitute “the”.
(3) In clauses 7.1.1, 7.1.2 and 7.1.3(1), omit “by road or rail”.
(4) In clause 7.1.1(a), after “gases of” insert “UN”.
(5) In clause 7.1.1(d), omit “stabilized by temperature control”.
(6) For clause 7.1.1(d)(ii) substitute –
“(ii) 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;”.
(7) In clause 7.1.2, for “, or stowed, transported or unloaded” substitute “or stowed, or cannot be transported or unloaded,”.
(8) In clause 7.1.3(1), for “for transport in a transport unit” substitute “that are in a transport unit on to a vehicle”.
79. Substitution of clauses 7.1.4 and 7. 79. Substitution of clauses 7.1.4 and 7.1.5
79. Substitution of clauses 7.1.4 and 7.1.5
For clauses 7.1.4 and 7.1.5 substitute –
“7.1.4 Prime contractor’s and rail operator’s duties
(1) A prime contractor or rail operator must not transport dangerous goods to which this Division applies if the contractor or rail operator knows, or reasonably ought to know, that the transport does not comply with Chapter 7.1 of the ADG Code.
(2) A prime contractor or rail operator responsible for the transport of one or more packages of infectious substances of UN Division 6.2 who becomes aware of damage to, or leakage from, the package or any of the packages must comply with section 7.1.7.2.2 of the ADG Code.
7.1.5 Driver’s duties
A person must not drive a road vehicle transporting dangerous goods to which this Division applies if the person knows, or reasonably ought to know, that the dangerous goods are not being transported in accordance with Chapter 7.1 of the ADG Code.
80. Substitution of Part 8 80. Substitution of Part 8
80. Substitution of Part 8
For Part 8 substitute –
“Part 8—Stowage and restraint
8.1.1 Consignor’s duties
(1) A person must not consign for transport in or on a vehicle a load of dangerous goods that is a placard load if the person knows, or reasonably ought to know, that the goods or their packaging are not, or will not be, stowed, loaded and restrained in accordance with Part 8.1 of the ADG Code. (9.9, amd/2)
(2) A person must not consign a load of dangerous goods for transport in or on a transport unit if the person knows, or reasonably ought to know, that the transport unit is not, or will not be, restrained in accordance with Chapter 8.2 of the ADG Code.
8.1.2 Loader’s duties
(1) A person who loads a load of dangerous goods that is a placard load on to a vehicle for transport must ensure that the load is stowed, loaded and restrained in accordance with Part 8.1 of the ADG Code. (9.10, amd/2)
(2) A person who loads for transport in or on a vehicle dangerous goods that are in a transport unit must ensure that the transport unit is restrained in accordance with Chapter 8.2 of the ADG Code.
8.1.3 Prime contractor’s and rail operator’s duties
(1) A prime contractor or rail operator must not transport in or on a vehicle a load of dangerous goods that is a placard load if the prime contractor or rail operator knows, or reasonably ought to know, that the goods or their packaging have not been stowed or loaded, or are not restrained, in accordance with Part 8.1 of the ADG Code. (9.11, amd/2)
(2) A prime contractor or rail operator must not transport dangerous goods in or on a transport unit if the prime contractor or rail operator knows, or reasonably ought to know, that the goods or their packaging are not restrained in accordance with Chapter 8.2 of the ADG Code. (9.11, amd/2)
8.1.4 Driver’s duties
(1) A person must not drive a road vehicle transporting a load of dangerous goods that is a placard load if the person knows, or reasonably ought to know, that the goods or their packaging have not been stowed or loaded, or are not restrained, in accordance with Part 8.1 of the ADG Code. (9.12‑road only, amd/2)
(2) A person must not drive a road vehicle transporting dangerous goods in a transport unit if the person knows, or reasonably ought to know, that the goods or their packaging are not restrained in accordance with Chapter 8.2 of the ADG Code.
(1) In clause 9.1.1 –
(a) for “This” substitute “(1) This”;
(b) in paragraph (b), after “UN Class 8” insert “, or dangerous goods that have a Subsidiary Risk of 6.1 or 8,”.
(2) At the end of clause 9.1.1 insert –
“(2) Dangerous goods packed in limited quantities do not need to comply with this Part.”.
(3) In clause 9.1.2, for “incompatible” substitute “dangerous”.
(4) In clauses 9.1.3 – 9.1.7 –
(a) omit paragraph (b)(ii);
(b) for paragraph (b)(iii) substitute –
“(ii) any approval under {clause} 9.1.9.”.
(5) In clause 9.1.4 –
(a) omit “or in a freight container”;
(b) in paragraph (a), omit “or freight container”.
82. Substitution of clause 9.1.8 82. Substitution of clause 9.1.8
82. Substitution of clause 9.1.8
For clause 9.1.8 substitute –
“9.1.8 Approvals—Type II segregation devices
(1) An application for approval of a design for a Type II segregation device for use in the transport of dangerous goods must:
(a) include any information required under Chapter 6.11 of the ADG Code; and
(b) if a fee is prescribed for the application—be accompanied by the prescribed fee.
(2) The Competent Authority may, on application in accordance with {subclause} (1) and {clause} 17.1.1, approve a design for a Type II segregation device if the design complies with Chapter 6.11 of the ADG Code.
9.1.9 Approvals—methods of segregation
(1) The Competent Authority may, on application made in accordance with {clause} 17.1.1, approve a method of segregation not complying with Part 9 of the ADG Code for transporting dangerous and incompatible goods by road, if the Authority considers that:
(a) it is impracticable to segregate the goods by a segregation device, or method of segregation, complying with that Part; and
(b) the risk involved in using the method to transport the goods by road is not greater than the risk involved in using a device or method complying with that Part to transport the goods by road.
(2) In giving its approval, the Competent Authority may impose in relation to the approval any condition necessary for the safe transport of dangerous goods. (9.8, amd)
(3) A person to whom an approval has been given must not contravene a condition of the approval.
{(4) An offence against {subclause} (3) is an offence of strict liability.}”.
83. Substitution of clauses 10.2.1 and 1 83. Substitution of clauses 10.2.1 and 10.2.2
83. Substitution of clauses 10.2.1 and 10.2.2
For clauses 10.2.1 and 10.2.2 substitute –
“10.2.1 {Reserved}
10.2.2 Transferor’s duties—hose assemblies
(1) A person must not use a hose assembly for the bulk transfer of dangerous goods if the person knows, or reasonably ought to know, that the assembly is damaged or defective to the extent that it is not safe to use to transfer the goods.
(2) A person must not use a hose assembly for the bulk transfer of dangerous goods if the person knows, or reasonably ought to know, that the hose assembly:
(a) has not been constructed, assembled or maintained in accordance with Chapter 10.1 of the ADG Code; or
(b) has not been inspected or tested at the intervals, or in the way, required under that Chapter; or
(c) did not satisfy a test under that Chapter.
84. Other changes concerning bulk transf 84. Other changes concerning bulk transfers
84. Other changes concerning bulk transfers
(1) For clause 10.2.3(1)(b) substitute –
“(b) in a way that eliminates the risk, or if it is not possible to eliminate the risk, that minimises the risk to the maximum extent that is practicable.”.
(2) In clause 10.2.3(3), before “bulk transfer” insert “a”.
(3) In clause 10.2.4(1), before “intended” insert “that is”.
(4) In clauses 10.2.4(1)(a) and (b), for “is” substitute “has been”.
(5) In clauses 10.2.4(1)(b) and (c), for “the Chapter” substitute “that Chapter”.
(6) In clause 10.2.4(2), before “bulk transfer” insert “the”.
(7) For clause 10.2.5(1) substitute –
“(1) A prime contractor engaged in the bulk transfer of dangerous goods must ensure that any hose assembly that is used, or that is intended to be used, for the transfer of the dangerous goods (other than a hose assembly for which the prime contractor is not responsible):
(a) has been constructed, assembled and maintained in accordance with Chapter 10.1 of the ADG Code; and
(b) has been inspected and tested at the intervals, and in the way, required under that Chapter; and
(c) satisfies each test under that Chapter.
(8) For clause 10.2.6(1) substitute –
“(1) A rail operator engaged in the bulk transfer of dangerous goods must ensure that any hose assembly that is used, or that is intended to be used, for the transfer of the dangerous goods (other than a hose assembly for which the rail operator is not responsible):
(a) has been constructed, assembled and maintained in accordance with Chapter 10.1 of the ADG Code; and
(b) has been inspected and tested at the intervals, and in the way, required under that Chapter; and
(c) satisfies each test under that Chapter.
(9) In clause 10.3.1, after “applies to” insert “, and in relation to,”.
(10) In clause 10.3.3(1), for “engage in the bulk transfer of dangerous goods” substitute “transport dangerous goods in a tank”.
85. Documentation 85. Documentation
85. Documentation
(1) For clause 11.1.3(2) substitute –
“(2) For the purposes of {subclause} (1), a rail operator is to be taken to have transport documentation if the contents of the documentation have been communicated to the rail operator by means of electronic data processing or electronic data interchange. (11.2‑rail)”.
(2) For clause 11.1.5(2) substitute –
“(2) For the purposes of {subclause} (1), a driver is to be taken to have transport documentation if the contents of the documentation have been communicated to him or her by means of electronic data processing or electronic data interchange.”.
{(3) An offence against {subclause} (1) is an offence of strict liability.}”.
(3) For clause 11.1.7(1) substitute –
“(1) This {clause} does not apply if the train driver transporting dangerous goods is in a depot or yard, or is engaged in shunting operations, and the transport documentation for the goods is readily available elsewhere in the immediate vicinity of the depot, yard, or those operations.”.
(4) In clause 11.1.7(2), omit “, from a depot or yard,”.
(5) In clauses 11.2.2 and 11.2.3(1)(b), after “information” insert “for the dangerous goods in the load”.
(6) In clauses 11.2.4(1) and (2) and 11.2.6(1), before “emergency” insert “required”.
(7) In clauses 11.2.4(1) and (2) and 11.2.6(1), for “goods” substitute “dangerous goods in the load”.
(8) In clauses 11.2.5(1)(b), (2)(a) and (3) and 11.2.6(2), after “information” insert “for the dangerous goods in the load”.
(9) In clause 11.2.6(1), omit “from a depot or yard”.
(10) For clause 11.2.6(3) substitute –
“(3) {Subclauses} (1) and (2) do not apply if the train driver transporting dangerous goods is in a depot or yard, or is engaged in shunting operations, and the required emergency information for the goods is readily available elsewhere in the immediate vicinity of the depot, yard, or those operations.”.
86. Safety equipment 86. Safety equipment
86. Safety equipment
(1) In clause 12.1.1(1), for “allow” substitute “permit”.
(2) In clauses 12.1.1(1)(b), 12.1.2(1)(b) and 12.1.3(1)(b) and (2)(b), for “the” substitute “that”.
87. Immobilised vehicles — prime contrac 87. Immobilised vehicles — prime contractor’s duties
87. Immobilised vehicles – prime contractor’s duties
In clause 13.1.2(b), after “breakdown” insert “or immobilisation”.
(1) For clause 13.2.3(1) substitute –
“(1) This {clause} applies to a road vehicle transporting:
(a) a load that contains:
(ii) more than 500 kilograms of dangerous goods in a receptacle; and
(b) the dangerous goods are UN Division 2.1, UN Class 3, 4 or 5 dangerous goods or dangerous goods that have a subsidiary risk of 2.1, 3, 4 or 5.1.”.
(2) In clauses 13.2.4(1) and 13.2.5(1), for “transporting dangerous goods” substitute “transporting a placard load”.
(3) For clause 13.2.6(1) substitute –
“(1) The driver of a road tank vehicle that is transporting a placard load and that is equipped with a burner to heat the load must not operate the burner or permit it to be operated except in accordance with Part 13 of the ADG Code.
89. Omission of Division 13.3 (Routes, a 89. Omission of Division 13.3 (Routes, areas, vehicles and times)
89. Omission of Division 13.3 (Routes, areas, vehicles and times)
For Division 13.3 substitute –
“Division 13.3—{Reserved}”.
90. Emergencies 90. Emergencies
90. Emergencies
(1) In clause 14.1.1, in the heading, for “Driver’s duties” substitute “Duties of drivers of road vehicles”.
(2) In clause 14.1.1(2)(a), after “contractor,” insert “the Competent Authority,”.
(3) Omit clause 14.1.1(3).
(4) In clause 14.1.2 –
(a) in the heading, for “Rail” substitute “Driver’s and rail”;
(b) in subclause (1), after “if” insert “a”;
(c) in subclause (2)(a), for “contractor or the rail authority” substitute “operator”;
(d) in subclause (2)(b), for “provide the” substitute “provide any”;
(e) in subclause (3), for “Where the rail operator is” substitute “On being”;
(f) in subclause (3)(a), omit “notify the rail authority, and”;
(g) in subclause (3)(b), for “provide the” substitute “provide any”.
(5) For clauses 14.1.2(4) and (5) substitute –
“{(4) An offence against {subclause} (3) is an offence of strict liability.}”.
(6) For clauses 14.1.3(1) – (3) substitute –
“(1) This {clause} applies if:
(a) an incident involving a vehicle transporting dangerous goods results in the leakage, spillage or accidental escape of the dangerous goods, or in a fire or explosion; and
(b) there is food or food packaging in the vicinity of the incident that is within the control of a prime contractor or rail operator. (14.1‑road, amd/2)
(2) In the case of a prime contractor, the prime contractor must ensure that the food or food packaging is not transported from the site of the incident unless the Competent Authority has given permission to the prime contractor to transport the food or food packaging from the site.
(3) In the case of a rail operator, the rail operator must:
(a) notify the Competent Authority of the incident as soon as is practicable after the incident; and
(b) deal with the food or food packaging as directed by the Competent Authority.
(7) In clause 14.1.3(4) –
(a) after “(2) or” insert “a direction under {sub‑clause}”;
(b) for “(e) may” substitute “(f)” may”.
(8) In clause 14.1.4 –
(a) in the heading, for “, rail operators and drivers” substitute “and rail operators”;
(b) in subclause (2), for “the incident, the driver must notify the prime contractor or rail operator and the Competent Authority about the incident, and provide the following details” substitute “becoming aware of the incident, the prime contractor or rail operator responsible for the transport of the goods must provide the Competent Authority with the following details about the incident”;
(c) at the end of subclause (2) insert –
Note: [Drafting note: In jurisdictions that have implemented the model rail safety legislation, there is an obligation on rail operators to provide the rail safety regulator with similar information within 72 hours after becoming aware of the incident. If there is a likelihood that the rail safety regulator in a jurisdiction may also be a Competent Authority, these differing obligations (and the obligation in subrule (3)) should be reconciled.]
(d) omit subclause (3);
(e) in subclause (4) –
(i) for “(4) Not” substitute “(3) Not”;
(ii) omit “the driver and”;
(iii) omit “each”;
(f) for paragraphs (d) and (e) substitute –
“(d) what the driver believes to be the likely cause of the incident;
(e) what the prime contractor or rail operator believes to be the likely cause of the incident;”
(9) For clause 14.1.4(5) substitute –
“{(4) An offence against {subclause} (2) or (3) is an offence of strict liability.}”.
(10) For clauses 14.2.1(2) and (3) substitute –
“(2) A prime contractor or rail operator must not transport a load that contains –
if a telephone advisory service is not available during the journey.
(3) A person must not consign a load that contains –
if a telephone advisory service is not available during the journey.
91. Omission of Competent Authorities Pa 91. Omission of Competent Authorities Panel provisions
91. Omission of Competent Authorities Panel provisions
For Division 15.2 substitute –
“Division 15.2—{Reserved}”.
92. Recommendations by Competent Authori 92. Recommendations by Competent Authority and corresponding authorities
92. Recommendations by Competent Authority and corresponding authorities
(1) After clause 15.3.1(3) insert –
“(4) If the recommendation is about a determination (except an administrative determination), approval or exemption that has effect in 1 or more other participating jurisdictions, the Competent Authority must also refer the recommendation to CAP.”.
(2) In clause 15.3.2(1)(c), after “approval” insert “or exemption”.
(3) For clause 15.3.2(2) substitute –
(2) If the recommendation is about a determination (except an administrative determination), approval or exemption that has effect in 1 or more other participating jurisdictions, the Competent Authority need not take any action on the recommendation until CAP has considered the recommendation.
(3) In any other case the Competent Authority must have regard to the recommendation. (15.8).”.
93. Mutual recognition 93. Mutual recognition
93. Mutual recognition
(1) For clauses 15.4.1(1)(a)(ii) and (iii) substitute –
“(ii) {clause} 1.6.3 (Determinations—vehicles, routes, areas, vehicles and times); and”.
(2) For clauses 15.4.2(2) and (3) substitute –
“(2) The exemption has effect in this jurisdiction as if it were an exemption granted by the Competent Authority for the relevant provision for 10 years after the day on which CAP made its decision unless:
(a) the decision is sooner reversed by CAP; or
(b) the exemption is sooner cancelled or varied by the corresponding authority; or
(c) the exemption sooner expires or otherwise ceases to have effect. (15.10, amd)”.
(3) In clause 15.4.3(1), after “approval given” insert “in another jurisdiction”.
(4) For clauses 15.4.3(1)(a)(iv) – (vi) substitute –
“(iv) {clause} 9.1.8 (Approvals—segregation devices);
(v) {clause} 9.1.9 (Approvals—methods of segregation);
(vi) {clause}11.2.7 (Approvals—emergency information);
(vii) {clause} 20.1.4 (Approvals—insurance); and”.
(5) In clause 15.4.4(1), for “by a corresponding authority for road transport” substitute “for road transport in another jurisdiction”.
94. Effect of CAP decisions varying exem 94. Effect of CAP decisions varying exemptions
94. Effect of CAP decisions varying exemptions
In clause 16.2.3(1)(b)(ii) and (2), after “be varied” insert “(whether or not CAP’s decision is the same as the variation proposed by the Authority),”.
95. Minor amendments 95. Minor amendments
95. Minor amendments
(1) In clauses 17.1.1(1) and (2), before “variation” insert “the”.
(2) In clauses 17.1.1(2) and 17.1.2, omit “written”.
96. Omission of redundant provision 96. Omission of redundant provision
96. Omission of redundant provision
For clause 17.1.7 substitute –
“17.1.7 {reserved}”.
97. Cancellation and variation of determ 97. Cancellation and variation of determinations etc.
97. Cancellation and variation of determinations etc.
(1) In clause 17.4.1, for “a determination or approval” substitute “an administrative determination or an approval”.
(2) In clauses 17.4.3(1)(a) and 17.4.4(1)(a), before “approval” insert “an”.
(3) In clause 17.4.5, before “approval by” insert “an”.
98. Substitution of clause 17.4.2 98. Substitution of clause 17.4.2
98. Substitution of clause 17.4.2
For clause 17.4.2 substitute –
“17.4.2 Cancellation giving effect to court orders
(1) The Competent Authority must cancel an administrative determination or an approval if the person to whom the determination or approval applies is prohibited by a court order from involvement in the transport of dangerous goods. (19.3)
(2) If an approval applies to more than one person, {sub‑clause} (1) only requires the Competent Authority to ensure that the approval no longer applies to the person who is the subject of the prohibition.”.
99. Substitution of clause 18.1.2 99. Substitution of clause 18.1.2
99. Substitution of clause 18.1.2
For clause 18.1.2 substitute –
“18.1.2 Application of Part
Despite anything to the contrary in this Part, this Part does not apply to the transport by road of dangerous goods on a vehicle if:
(a) the goods are transported in an IBC; and
(b) the IBC is not packed or unpacked on the vehicle; and
(c) the total capacity of IBCs containing dangerous goods on the vehicle is not more than 3 000 litres.”.
100. Substitution of Division 18.2 100. Substitution of Division 18.2
100. Substitution of Division 18.2
For Division 18.2 substitute –
“Division 18.2—Vehicles and drivers to be licensed under this Part
18.2.1 Vehicles to be licensed
A road vehicle must not be used to transport –
unless the vehicle is licensed under this Part to transport the goods.
18.2.2 Drivers to be licensed
A person must not drive a road vehicle transporting –
unless he or she holds a dangerous goods driver licence that authorises him or her to drive the vehicle with those goods. (18.4)”.
101. Minor changes concerning licensing 101. Minor changes concerning licensing
101. Minor changes concerning licensing
(1) In clause 18.3.1(1), for “a licensing” substitute “the licensing”.
(2) In clause 18.3.1(2)(d), for “passport‑size” substitute “of a size suitable for passports”.
(3) In clauses 18.3.2(2) and (3), for “subparagraph” substitute “{subclause}”.
(4) In clause 18.3.2(4), for “paragraph” substitute “{subclause}”.
(5) In clause 18.3.4(1), before “grant” insert “the”.
(6) In clause 18.3.4(2)(a), before “fitness” insert “medical”.
(7) In clause 18.3.5(1), for “A” substitute “The”.
(8) In clause 18.3.5(3), for “the Authority” substitute “it”.
(9) In clause 18.3.6(1), for “a licensing authority for” substitute “the licensing authority for the”.
(10) For clause 18.3.6(2)(d) substitute –
“(d) 2 photographs of the applicant of a size suitable for passports that were taken not more than 6 months before the day when the application is made; and”.
(11) In clause 18.3.7(1), for “A” substitute “The”.
(12) In clauses 18.3.7(1)(a) and (3), for “the authority” substitute “it”.
(13) In clause 18.3.9(1), for “A” substitute “The”.
(14) In clause 18.3.9(3)(b), for “containers” substitute “packaging”.
(15) In clause 18.3.10(1), for “a licensing” substitute “the licensing”.
(16) In clause 18.3.10(1)(a), for “fitness of the applicant” substitute “medical fitness of the licensee”.
(17) In clause 18.3.10(1)(b), for “passed the applicant” substitute “passed the licensee”.
(18) In clause 18.3.10(3), for “A” substitute “The”.
(19) In clause 18.4.1 –
(a) for “clause 10.6 in the Schedule to the Road Transport Reform (Heavy Vehicles Standards) Regulations” substitute “the Australian Vehicles Standards Rules 1999”;
(b) in the note, for “That clause defines” substitute “Those Rules define a”;
(c) after the note insert –
Note: “[Drafting note: The Vehicle Standards are to be found in Schedule 2 of the National Transport Commission (Road Transport Legislation – Vehicle Standards) Regulations. As each jurisdiction has enacted the Vehicle Standards in its own legislation, local variations will apply to this reference.]”.
(20) In clause 18.4.2(1), for “a licensing” substitute “the licensing”.
(21) In clause 18.4.3(1), for “A” substitute “The”.
(22) In clauses 18.4.3(1), 18.4.5(1) and 18.4.6(1)(a), before “renewal” insert “the”.
(23) In clauses 18.4.4(1), 18.4.5(1) and 18.4.6(1), for “a licensing” substitute “the licensing”.
(24) In clause 18.4.5(2), for “{subclause}” substitute “{clause}”.
(25) In clause 18.4.6(5), for “grant” substitute “renew”.
(26) In clause 18.4.8(1), for “A” substitute “The”.
102. Disposal and transfer of licensed v 102. Disposal and transfer of licensed vehicles
102. Disposal and transfer of licensed vehicles
(1) For clauses 18.4.9(1) – (5) substitute –
“(1) Before transferring possession or otherwise disposing of a licensed vehicle (otherwise than by way of a business transfer) (the disposed vehicle), the person who holds the licence for the vehicle must remove the licence label from the vehicle and:
(a) attach it to the notice of the disposal of the vehicle; or
(b) destroy it and, if required by the licensing authority, provide sufficient evidence to show that this has been done.
(2) Within the 21 days after transferring possession or otherwise disposing of the disposed vehicle, the person who holds the licence for the vehicle must give, to the licensing authority, notice of the disposal.
(3) If the licence for the disposed vehicle also relates to another vehicle, the person who holds the licence for the vehicle must attach the licence to the notice of the disposal.
(4) If the licence for the vehicle does not relate to another vehicle, the person who holds the licence must:
(a) attach it to the notice of the disposal; or
(b) destroy it, and, if required by the licensing authority, provide sufficient evidence to show that this has been done.
(5) On receipt of a licence for a disposed vehicle, the licensing authority must:
(a) if the licence also relates to another vehicle:
(i) amend the licence by omitting reference to the disposed vehicle; and
(ii) return the licence to the person who gave the licence to the authority; or
(b) if paragraph (a) does not apply – cancel the licence. (18.26, amd/2)”.
(2) In clause 18.4.9(7), for “ownership” substitute “who holds the licence”.
(3) After clause 18.4.9(7) insert –
“(7A) {Subclause (7)} does not apply if the person to whom the licence was to have been transferred is ineligible to hold the licence.”.
103. More minor licensing changes 103. More minor licensing changes
103. More minor licensing changes
(1) In clause 18.4.11(1), for “A” substitute “The”.
(2) For clause 18.5.1(1) substitute –
“(1) The holder of a dangerous goods driver licence must carry his or her dangerous goods driver licence when driving a road vehicle transporting –
(b) more than 500 kilograms of dangerous goods in a receptacle.
(3) Omit clause 18.5.2.
(4) In clause 18.6.2(1), for “A” substitute “The”.
(5) In clause 18.6.2(1)(c), after “ends” insert “or a suspension is withdrawn”.
(6) In clause 18.6.4(1) –
(a) omit “that issued the licence”; and
(b) for “that authority” substitute “the authority”.
(7) In clause 18.6.5, for “A licensing” (wherever occurring) substitute “The licensing”.
(8) In clause 18.6.6(f), for “Classes” substitute “classes”.
(9) In clause 18.6.7(1), for “a licensing” substitute “the licensing”.
(10) In clause 18.6.8(1), for “A” substitute “The”.
(11) In clause 18.6.9(1), for “a licensing” substitute “the licensing”.
(12) In clause 18.6.9(2), after “been cancelled” insert “or varied,”.
(13) In clause 18.7.1, for “Part” substitute “Division”.
(14) In clauses 18.7.2, 18.7.3 and 18.7.4(2), for “A” substitute “The”.
(15) In clause 18.7.2, for “a licence if the licensing authority” substitute “any licence granted by it if it”.
(16) In clause 18.7.5(1)(a), for “a licensing” substitute “the licensing”.
(17) After clause 18.7.5(3) insert –
“(4) The licensing authority may withdraw a suspension before the suspension is due to expire if it reasonably believes that it is appropriate to do so.”.
(18) In clause 18.7.6, for “a licensing” substitute “the licensing”.
104. Review of decisions 104. Review of decisions
104. Review of decisions
(1) After clause 19.1.1(b) insert –
“(ba) a decision under Part 10 of the Act to issue a prohibition notice under section 120 of the Act, or to amend a prohibition notice under section 125 of the Act;”.
(2) In clause 19.1.1(d), omit “, 1.6.2 (foreign approved IBCs, tanks and MEGCs)”.
(3) After clause 19.1.1(g) insert –
“(ga) a decision, under {clause} 9.1.9, to approve or not approve a method of segregation;”.
105. Insurance 105. Insurance
105. Insurance
(1) For clause 20.1.1(1) substitute –
“(1) The owner of a road vehicle must not use the vehicle, or permit it to be used, to transport a placard load unless:
(a) the use of the vehicle is covered by a policy of insurance or other form of indemnity, for a sum that is not less than $5 000 000, in respect of:
(i) personal injury, death, property damage and other damage (except consequential economic loss) arising out of any fire, explosion, leakage or spillage of dangerous goods in, on or from the vehicle or any packaging transported in or on the vehicle; and
(ii) costs incurred by or on behalf of a Commonwealth, State or Territory government authority in a clean‑up resulting from such a fire, explosion, leakage or spillage; or
(b) the owner has an approval under {clause} 20.1.4 in relation to the use of the vehicle and is complying with all relevant conditions to which the approval is subject.
(2) For clause 20.1.2(1) substitute –
(1) A prime contractor must not use a road vehicle to transport a placard load unless:
(a) the use of the vehicle is covered by a policy of insurance or other form of indemnity, for a sum that is not less than $5 000 000, in respect of:
(i) personal injury, death, property damage and other damage (except consequential economic loss) arising out of any fire, explosion, leakage or spillage of dangerous goods in, on or from the vehicle or any packaging transported in or on the vehicle; and
(ii) costs incurred by or on behalf of a Commonwealth, State or Territory government authority in a clean‑up resulting from such a fire, explosion, leakage or spillage; or
(b) the prime contractor has an approval under {clause} 20.1.4 in relation to the use of the vehicle and is complying with all relevant conditions to which the approval is subject.
(3) In clauses 20.1.3(1)(a) and 20.1.4(1) and (2), for “paragraph” substitute “{clause}”.
(1) In clause 21.1.1, for “279” substitute “79”.
(2) In clause 21.1.6(2)(a), for “paragraphs” substitute “{clauses}”.
107. Changes to transitional provisions 107. Changes to transitional provisions
107. Changes to transitional provisions
(1) For clauses 22.1.2(1)(c)(ii) and (iii) substitute –
“(ii) 1.6.3 (Determinations—vehicles, routes, areas and times)”.
(2) In clause 22.1.2(2), for “{clause} of {this subordinate law}” substitute “provision”.
(3) In clauses 22.1.3(2), 22.1.5(2), 22.1.7(2) and 22.1.9(2), for “the corresponding authority for the other {State/Territory}” substitute “a corresponding authority”.
(4) In clause 22.1.4(3), for “1.6.5” substitute “16.1.2”.
(5) For clauses 22.1.6(1)(c)(iii) and (iv) substitute –
“(iii) {clause} 9.1.8 (Approvals—segregation devices);
(iv) {clause} 9.1.9 (Approvals—methods of segregation);
(v) {clause} 11.2.7 (Approvals—emergency information).”.
(6) In clauses 22.1.7(1)(c) and 22.1.9(1)(c), for “paragraph” substitute “{clause}”.
(7) In clause 22.1.8(1)(c)(i), omit “18.11 (which is about bulk driver licences)”.
108. Substitution of Schedule 2.1 108. Substitution of Schedule 2.1
108. Substitution of Schedule 2.1
For Schedule 2.1 substitute –
“Schedule 2.1—Penalties
Note: Drafting note: The penalties set out in this Schedule are recommended penalties only. It is intended that, when the model law is adopted by a State or Territory, the adopting State or Territory will adopt or replace the recommended penalties.
Note 1: The maximum infringement penalty for an offence must not exceed 20% of the maximum fine that could be imposed on an individual by a court for the offence (see subsection 79(2) of the Act).
Note 2: Court‑imposed maximum penalties for bodies corporate are 5 times those for individuals (see subsection 84(2) of the Act and {subclause} 1.5.1(2)).”.