Division Division 1.5 - National Transport Commission (Model Legislation—Transport of Dangerous Goods by Road or Rail) Regulations 2007 - Provisions about offences generally | Zoe
National Transport Commission (Model Legislation—Transport of Dangerous Goods by Road or Rail) Regulations 2007
Division 1.5Provisions about offences generally
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(1) If a provision of {this subordinate law} is followed by the phrase ‘Offence provision’, an individual who fails to comply with the provision is guilty of an offence punishable by a penalty not exceeding the amount set out for the offence in column 3 of Schedule 2.1. (new)
(2) If a body corporate is found guilty of the offence, the maximum fine for the body corporate is 5 times the maximum fine that could be imposed on an individual for the offence. (1.28, amd)
1.5.2 Goods suspected of being dangerous goods
(1) Where it is not clear from the Dangerous Goods List whether goods are dangerous goods but a person suspects, or reasonably ought to suspect, that they are, the person must not consign or transport them until:
(a) the goods have been classified in accordance with the ADG Code; or
(b) a determination has been made under paragraph 1.6.1 (1) (a).
Offence provision.
(2) If the goods are found to be dangerous goods the person must not consign or transport them except in accordance with {this subordinate law} and the ADG Code.
Offence provision.
Division 1.6—Determinations
1.6.1 Determinations—dangerous goods and packaging
(1) The Competent Authority may determine that goods are or are not:
(a) dangerous goods; or
(b) dangerous goods of a particular UN Class, UN Division or Category; or
(c) dangerous goods with a particular subsidiary risk; or
(d) substances of a particular Packing Group; or
(e) incompatible with particular dangerous goods.
(2) The Competent Authority may determine that:
(a) particular dangerous goods are or are not too dangerous to be transported; or
(b) particular dangerous goods must not be or may be transported in or on the same transport unit or freight container as other goods, whether or not dangerous goods; or (1.18)
(c) particular dangerous goods may or may not be transported in an IBC, portable tank, MEGC, tank vehicle or bulk container despite any prohibition or authorisation in the Dangerous Goods List.
(3) A determination may be subject to any condition necessary for the safe transport of dangerous goods. (1.20)
(4) A person to whom a determination applies must not contravene a condition of the determination.
Offence provision.
{(5) An offence against {subclause} (4) is an offence of strict liability.} (17.7, amd/2)
1.6.2 Determinations—foreign approved IBCs, tanks and MEGCs
The Competent Authority may determine the dangerous goods that must not be transported in a foreign approved IBC, portable tank or MEGC. (4.27, amd)
1.6.3 Determinations—vehicles, routes, areas and times
The Competent Authority may determine that particular dangerous goods may be or must or must not be transported:
(a) using a specified vehicle, or kind of vehicle; or
(b) on a specified route; or
(c) in or through a specified area; or
(d) at a specified time; or
(e) in quantities in excess of a specified amount; or
(f) in specified packaging. (13.7, amd)
1.6.4 Administrative determinations
A determination is an administrative determination if the determination:
(a) is made on the application of a person; and
(b) applies only to the person. (1.19)
Note: Part 17 contains provisions dealing with administrative determinations, including applications for administrative determinations and their cancellation and variation.
1.6.5 Register of determinations
(1) The Competent Authority must:
(a) keep a register of determinations; or
(b) with other Competent Authorities, keep a central register of determinations.
(2) The register may have separate divisions for different kinds of determinations.
(3) The Competent Authority must record in the register:
(a) each determination made under {this subordinate law} that is not an administrative determination; and
(b) each corresponding determination.
(4) The Competent Authority must note in the register:
(a) the revocation of a determination made under {this subordinate law}; and
(b) a decision of CAP reversing a decision that a corresponding determination should have effect in all participating jurisdictions or participating jurisdictions including this jurisdiction. (1.21)
1.6.6 Records of determinations
The record of a determination in the register must include:
(a) the provisions of the determination; or
(b) the following information:
(i) the title of the Government Gazette where the determination was notified or published and the date of notification or publication;
(ii) the provisions of {this subordinate law}, and of the ADG Code, to which the determination relates;
(iii) the dangerous goods, equipment, packaging, vehicle or other thing to which the determination relates. (1.22)
Part 2—Key concepts
2.1.1 Dangerous goods
(1) Goods are dangerous goods if:
(a) the goods are determined under paragraph 1.6.1 (1) (a) to be dangerous goods; or
(b) the goods satisfy the criteria set out, or referred to, in Part 2 of the ADG Code for determining whether goods are dangerous goods.
(2) However, goods that satisfy the criteria set out, or referred to, in Part 2 of the ADG Code are not dangerous goods if the goods are:
(a) determined under paragraph 1.6.1 (1) (a) not to be dangerous goods; or
(b) described as not subject to the ADG Code in a special provision in Chapter 3.3 of the ADG Code that is applied to the goods by column 6 of the Dangerous Goods List.
2.1.2 Goods too dangerous to be transported
Dangerous goods are too dangerous to be transported if they are:
(a) goods set out or described in Appendix A to the ADG Code; or
(b) goods determined under paragraph 1.6.1 (2) (a) to be too dangerous to be transported; or
(c) goods (other than goods mentioned in paragraph (a) or (b)) that are so sensitive or unstable that they cannot be safely transported even if the relevant requirements of {this subordinate law} and the ADG Code are complied with. (2.1, amd)
Note: Section 70 of the Act provides that a person must not consign for transport goods that {this subordinate law} identifies as being too dangerous to be transported.
2.1.3 UN Classes, UN Divisions and Categories of dangerous goods
(1) Dangerous goods are assigned, in accordance with {subclause} (4), to 1 of the UN Classes 1 to 9.
(2) Dangerous goods may also be assigned, in accordance with {subclause} (4), to 1 of the UN Divisions into which some of the UN Classes of dangerous goods are divided.
(3) Some UN Classes or Divisions may be further divided into Categories.
Note: Examples
Note: UN Division 6.2 infectious substances are divided into:
(a) Category A (substances transported in a form that, if exposure occurs, can cause permanent disability or life‑threatening or fatal disease to humans or animals); and
(b) Category B (others).
(4) Dangerous goods are assigned to the following UN Class or Division:
(a) if a determination under paragraph 1.6.1 (1) (b) that the goods are of a particular UN Class or Division is in effect in relation to the goods—the UN Class or Division specified in the determination; or
(b) if no such determination is in effect—the UN Class or Division determined in accordance with Part 2 of the ADG Code. (2.3, amd)
(5) For dangerous goods that are listed in the Dangerous Goods List, the UN Class or Division determined in accordance with Part 2 of the ADG Code is, subject to {subclause} (6), found in column 2 of that list.
(6) If a special provision in Chapter 3.3 of the ADG Code that assigns the goods to a UN Class or Division applies under column 6 of the Dangerous Goods List, the goods are assigned to that UN Class or Division.
Note: In determining to which UN Class or Division dangerous goods are assigned, a determination under paragraph 1.6.1 (1) (b) that is in effect takes precedence over any other method of determining to which UN Class or Division goods are assigned.
2.1.4 Subsidiary risk
(1) A reference to dangerous goods with a subsidiary risk is a reference to dangerous goods that:
(a) are assigned a subsidiary risk by a determination under paragraph 1.6.1 (1) (c); or
(b) satisfy the criteria set out, or referred to, in Part 2 of the ADG Code for assignment to more than 1 UN Class or Division.
(2) Dangerous goods are assigned a particular subsidiary risk in accordance with:
(a) the determination under paragraph 1.6.1 (1) (c); or
(b) if there is no such determination—Column 4 of the Dangerous Goods List, subject to any special provision in Chapter 3.3 of the ADG Code that is applied to the goods by column 6 of the Dangerous Goods List.
(3) If dangerous goods described in paragraph (1) (b) cannot be assigned a particular subsidiary risk in accordance with {subclause} (2), the particular subsidiary risk or risks for those dangerous goods must be determined in accordance with section 2.0.3 of the ADG Code.
2.1.5 Packing Groups
(1) Dangerous goods that are substances may be assigned, in accordance with this {clause}, to 1 of the following Packing Groups that indicate the degree of danger and level of containment required for the substances:
(a) Packing Group I (substances presenting high danger);
(b) Packing Group II (substances presenting medium danger);
(c) Packing Group III (substances presenting low danger).
(2) If a determination under paragraph 1.6.1 (1) (d) that the substance is of a particular Packing Group is in effect—the substance is assigned to that Packing Group.
(3) If no such determination is in effect, dangerous goods that are substances of UN Classes 3, 4, 8 and 9 and UN Divisions 5.1 and 6.1 are assigned to Packing Groups as follows:
(a) if there is only 1 entry for the substance in column 5 of the Dangerous Goods List—the substance is assigned to the Packing Group indicated by that entry;
(b) if the entry for the substance in the Dangerous Goods List incorporates a reference in column 6 to a Special Provision in Chapter 3.3 of the ADG Code that assigns the substance to a Packing Group—the substance is assigned to that Packing Group;
(c) if there is no entry for the substance in column 5 of the Dangerous Goods List and paragraph (b) does not apply—the substance is not assigned to a Packing Group;
(d) if there is more than 1 entry for the substance in column 5 of the Dangerous Goods List—the substance is assigned to whichever Packing Group indicated by 1 of those entries applies in accordance with the criteria set out, or referred to, in Part 2 of the ADG Code for assignment of Packing Groups to substances.
2.1.6 Incompatibility
(1) Dangerous or other goods are incompatible with dangerous goods if:
(a) the goods are determined under paragraph 1.6.1 (1) (e) to be incompatible with the dangerous goods; or
(b) when the goods are mixed, or otherwise brought into contact, with the dangerous goods, the goods are likely to interact with the dangerous goods and increase risk because of the interaction.
(2) A containment system, (including a packaging, tank, bulk container, IBC or MEGC) or equipment for use in the transport of dangerous goods is incompatible with the goods if any component of the system or equipment that is intended or likely to come into contact with the substance during handling or transport:
(a) is likely to interact with the goods and increase risk because of the interaction; and
(b) is not protected from contact under foreseeable circumstances by a protective coating or other effective means.