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Queensland regulation
**What this regulation does (mechanics)
Prescribes safety duties and offences for every person who participates in transporting dangerous goods by rail — including consignors (senders), packers, loaders, prime contractors, rail operators, owners, drivers and passengers (see secs 3, 18, 37–40, 53–66, 75–77, 83–90, 95–97, 111–112). Penalties for non‑compliance are specified throughout.
Incorporates the Australian Dangerous Goods Code (ADG Code) as the technical standard for classification, packaging, marking, placarding, stowage, segregation/marshalling, vehicle/equipment standards, bulk transfers, documentation and emergency information (see secs 3, 7, 8, and many substantive cross‑references: parts 4–12 of the regulation). Where this regulation conflicts with an adopted instrument, the regulation prevails except for defined terms in the instrument (sec 9).
Creates a powers and administrative framework for the chief executive to make written determinations, approvals and exemptions that can modify or substitute ADG Code requirements for specified goods, vehicles, routes, areas, times or packaging (secs 20–27, 46–50, 106, 110, 134, 159–176). The chief executive must keep registers and records of determinations, approvals and exemptions (secs 25–26, 161, 172).
Sets training and competence obligations for people performing regulated tasks (packing, consigning, loading, placarding, preparing documentation, driving, emergency procedures) and gives the chief executive power to require evidence of training (sec 18).
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Direct links to the current provisions in Transport Infrastructure (Dangerous Goods by Rail) Regulation 2018.
This regulation may be cited as the Transport Infrastructure (Dangerous Goods by Rail) Regulation 2018 .
This regulation commences on 31 August 2018.
The main purposes of this regulation are— to prescribe the obligations of persons involved in the transport of dangerous goods by rail; and to reduce as far as practicable the risks arising from the transport of dangerous goods by rail; and to give effect to the standards, requirements and procedures of the ADG Code as far as they apply to the transport of dangerous goods by rail; and to promote consistency between the standards, requirements and procedures applying to the transport of dangerous goods by rail and those applying to other modes of transport. In this section— obligation includes duty and requirement. (sec.3-ssec.1) The main purposes of this regulation are— to prescribe the obligations of persons involved in the transport of dangerous goods by rail; and to reduce as far as practicable the risks arising from the transport of dangerous goods by rail; and to give effect to the standards, requirements and procedures of the ADG Code as far as they apply to the transport of dangerous goods by rail; and to promote consistency between the standards, requirements and procedures applying to the transport of dangerous goods by rail and those applying to other modes of transport. (sec.3-ssec.2) In this section— obligation includes duty and requirement.
For section 441A of the Act , definition prescribed exempt transport , each of the following is exempt from the application of chapter 14 of the Act — the transport of the following except if transported with other dangerous goods— radioactive substances under the Radiation Safety Act 1999 ; explosives under the Explosives Act 1999 ; the transport of a load of dangerous goods if— the dangerous goods are not, and do not include, infectious substances of UN division 6.2 ; and the total quantity of each type of dangerous goods in the load is no more than the quantity stated in section 1.1.1.2 , note (3)(a), table 1.1.1.2 of the ADG Code for that type; the transport by a person of a load of dangerous goods by rail if— the load does not contain dangerous goods— in a receptacle with a capacity that is more than 500L; or in a receptacle if the quantity of dangerous goods in the receptacle is more than 500kg; and the goods are not, and do not include, dangerous goods of UN class 1 (explosives), other than— dangerous goods of UN division 1.4S ; and track signals carried in a unit of rolling stock for the safety of persons working in rail transport; and the goods are not, and do not include, dangerous goods of category A of UN division 6.2 (infectious substances); and the goods are not, and do not include, dangerous goods of UN class 7 (radioactive material); and the aggregate quantity of the dangerous goods in the load, calculated in the way provided for under schedule 3 , definition aggregate quantity , is less than 25% of a load of dangerous goods that, under section 78 , is required to be placarded; and the goods are not being transported by the person in the course of a business of transporting goods by rail; the transport of dangerous goods by rail to the extent the goods are transported by, or under the direction of, an authorised person or relevant emergency service officer to prevent a dangerous situation; the transport of dangerous goods in a rail vehicle if— the dangerous goods are in packaging that is— designed for, and forming part of, the fuel or electrical system of the rail vehicle’s propulsion engine or auxiliary engine; or part of, and necessary for, the operation of an appliance, plant or refrigeration system forming part of or attached to the rail vehicle; or the dangerous goods are in equipment carried in, fitted to or installed in the rail vehicle and designed for the safety or protection of an occupant of the rail vehicle, the rail vehicle or its load, including, for example, a fire extinguisher or self-contained breathing apparatus. In this section— type , of dangerous goods, means a class or division of dangerous goods provided for in the ADG Code. s 4 sub 2019 Act No. 25 s 20 (sec.4-ssec.1) For section 441A of the Act , definition prescribed exempt transport , each of the following is exempt from the application of chapter 14 of the Act — the transport of the following except if transported with other dangerous goods— radioactive substances under the Radiation Safety Act 1999 ; explosives under the Explosives Act 1999 ; the transport of a load of dangerous goods if— the dangerous goods are not, and do not include, infectious substances of UN division 6.2 ; and the total quantity of each type of dangerous goods in the load is no more than the quantity stated in section 1.1.1.2 , note (3)(a), table 1.1.1.2 of the ADG Code for that type; the transport by a person of a load of dangerous goods by rail if— the load does not contain dangerous goods— in a receptacle with a capacity that is more than 500L; or in a receptacle if the quantity of dangerous goods in the receptacle is more than 500kg; and the goods are not, and do not include, dangerous goods of UN class 1 (explosives), other than— dangerous goods of UN division 1.4S ; and track signals carried in a unit of rolling stock for the safety of persons working in rail transport; and the goods are not, and do not include, dangerous goods of category A of UN division 6.2 (infectious substances); and the goods are not, and do not include, dangerous goods of UN class 7 (radioactive material); and the aggregate quantity of the dangerous goods in the load, calculated in the way provided for under schedule 3 , definition aggregate quantity , is less than 25% of a load of dangerous goods that, under section 78 , is required to be placarded; and the goods are not being transported by the person in the course of a business of transporting goods by rail; the transport of dangerous goods by rail to the extent the goods are transported by, or under the direction of, an authorised person or relevant emergency service officer to prevent a dangerous situation; the transport of dangerous goods in a rail vehicle if— the dangerous goods are in packaging that is— designed for, and forming part of, the fuel or electrical system of the rail vehicle’s propulsion engine or auxiliary engine; or part of, and necessary for, the operation of an appliance, plant or refrigeration system forming part of or attached to the rail vehicle; or the dangerous goods are in equipment carried in, fitted to or installed in the rail vehicle and designed for the safety or protection of an occupant of the rail vehicle, the rail vehicle or its load, including, for example, a fire extinguisher or self-contained breathing apparatus. (sec.4-ssec.2) In this section— type , of dangerous goods, means a class or division of dangerous goods provided for in the ADG Code.
This section applies in relation to dangerous goods that— are not transported in the course of a business of transporting goods but are transported by a person who intends to use them, or so they may be used, for a commercial purpose; and are transported as part of a load that includes— an aggregate quantity of dangerous goods of less than 500 but does not include dangerous goods of UN division 2.1 (other than aerosols), UN division 2.3 or packing group I; or an aggregate quantity of dangerous goods of less than 250 that includes dangerous goods of UN division 2.1 (other than aerosols), UN division 2.3 or packing group I, provided that the dangerous goods of UN division 2.3 and packing group I together make up less than 100 of the aggregate quantity. An aggregate quantity in relation to a load containing dangerous goods mentioned in subsection (1) (b) is worked out in the way provided for under schedule 3 , definition aggregate quantity . This regulation, other than subsections (3) to (5) , does not apply to the transport of the dangerous goods. A person must not transport the dangerous goods unless each package in the load including the goods— complies with the packaging requirements appropriate to the quantity of dangerous goods under part 4 ; and is marked and labelled as required under part 5 , division 1 ; and is loaded, secured, segregated, unloaded and otherwise transported in a way that ensures— its packaging remains fit for its purpose; and risks are eliminated or, if it is not practicable to eliminate risks, are minimised to the greatest practicable extent. Maximum penalty—40 penalty units. If the load contains dangerous goods of UN class 3, 4, 5 or 6 that together make up more than 250 of the aggregate quantity of dangerous goods in the load, a person must not transport the load— in the passenger compartment of a vehicle; or in an enclosed space that is not separated from the passenger compartment of a vehicle. Maximum penalty—40 penalty units. If the load contains dangerous goods of UN division 2.1 , UN division 2.3 or packing group I that together make up more than 50 of the aggregate quantity of dangerous goods in the load, a person must not transport the load— in the passenger compartment of a vehicle; or in another enclosed space in the vehicle. Maximum penalty—40 penalty units. (sec.5-ssec.1) This section applies in relation to dangerous goods that— are not transported in the course of a business of transporting goods but are transported by a person who intends to use them, or so they may be used, for a commercial purpose; and are transported as part of a load that includes— an aggregate quantity of dangerous goods of less than 500 but does not include dangerous goods of UN division 2.1 (other than aerosols), UN division 2.3 or packing group I; or an aggregate quantity of dangerous goods of less than 250 that includes dangerous goods of UN division 2.1 (other than aerosols), UN division 2.3 or packing group I, provided that the dangerous goods of UN division 2.3 and packing group I together make up less than 100 of the aggregate quantity. An aggregate quantity in relation to a load containing dangerous goods mentioned in subsection (1) (b) is worked out in the way provided for under schedule 3 , definition aggregate quantity . (sec.5-ssec.2) This regulation, other than subsections (3) to (5) , does not apply to the transport of the dangerous goods. (sec.5-ssec.3) A person must not transport the dangerous goods unless each package in the load including the goods— complies with the packaging requirements appropriate to the quantity of dangerous goods under part 4 ; and is marked and labelled as required under part 5 , division 1 ; and is loaded, secured, segregated, unloaded and otherwise transported in a way that ensures— its packaging remains fit for its purpose; and risks are eliminated or, if it is not practicable to eliminate risks, are minimised to the greatest practicable extent. Maximum penalty—40 penalty units. (sec.5-ssec.4) If the load contains dangerous goods of UN class 3, 4, 5 or 6 that together make up more than 250 of the aggregate quantity of dangerous goods in the load, a person must not transport the load— in the passenger compartment of a vehicle; or in an enclosed space that is not separated from the passenger compartment of a vehicle. Maximum penalty—40 penalty units. (sec.5-ssec.5) If the load contains dangerous goods of UN division 2.1 , UN division 2.3 or packing group I that together make up more than 50 of the aggregate quantity of dangerous goods in the load, a person must not transport the load— in the passenger compartment of a vehicle; or in another enclosed space in the vehicle. Maximum penalty—40 penalty units.
The dictionary in schedule 3 defines particular words used in this regulation.
For applying the ADG Code to this regulation, a reference in the code to competent authority in relation to the State is taken, if the context permits, to be a reference to the chief executive.
In this regulation, a reference to an instrument includes a reference to another instrument as applied or adopted by, or incorporated in, the first instrument. In this section— instrument means a code, standard or rule, whether made in or outside Australia, relating to dangerous goods or transport by road or rail, and includes a provision of an instrument. (sec.8-ssec.1) In this regulation, a reference to an instrument includes a reference to another instrument as applied or adopted by, or incorporated in, the first instrument. (sec.8-ssec.2) In this section— instrument means a code, standard or rule, whether made in or outside Australia, relating to dangerous goods or transport by road or rail, and includes a provision of an instrument.
This section applies if— this regulation applies, adopts or incorporates an instrument; and there is an inconsistency between a provision of this regulation and the instrument as applied, adopted or incorporated. The provision of this regulation prevails to the extent of the inconsistency. Despite subsection (2) , if a provision of the instrument uses a term that is defined in both the instrument and in this regulation, the provision must be interpreted as if the term had the meaning stated in the instrument, unless the contrary intention appears. In this section— instrument means a code, standard or rule, whether made in or outside Australia, relating to dangerous goods or transport by rail. (sec.9-ssec.1) This section applies if— this regulation applies, adopts or incorporates an instrument; and there is an inconsistency between a provision of this regulation and the instrument as applied, adopted or incorporated. (sec.9-ssec.2) The provision of this regulation prevails to the extent of the inconsistency. (sec.9-ssec.3) Despite subsection (2) , if a provision of the instrument uses a term that is defined in both the instrument and in this regulation, the provision must be interpreted as if the term had the meaning stated in the instrument, unless the contrary intention appears. (sec.9-ssec.4) In this section— instrument means a code, standard or rule, whether made in or outside Australia, relating to dangerous goods or transport by rail.
In this regulation, a reference to— a determination, exemption or approval; or a corresponding determination, corresponding exemption or corresponding approval; includes a reference to the determination, exemption or approval as amended.
In this regulation, a reference to an amendment of— a determination, exemption or approval; or a corresponding determination, corresponding exemption or corresponding approval; includes a reference to an amendment by addition, omission or substitution. the addition of a new condition to an existing administrative determination
For this regulation, all the goods in or on a cargo transport unit being transported on a rail vehicle are a single load, even if the vehicle is transporting more than 1 cargo transport unit.
A bulk container is a system for containing solid substances, including any liner or coating, that— is designed for transporting solid substances which are in direct contact with the system; and is of a permanent character suitable for repeated use; and 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 one mode to another; and is fitted with devices that permit ready handling; and has a capacity of not less than 1m ³ . freight containers, offshore bulk containers, skips, bulk bins, swap bodies, trough-shaped containers, roller containers, load compartments of vehicles and flexible containers However, an IBC, large packaging or a portable tank is not a bulk container. s 13 sub 2023 SL No. 24 s 10 (sec.13-ssec.1) A bulk container is a system for containing solid substances, including any liner or coating, that— is designed for transporting solid substances which are in direct contact with the system; and is of a permanent character suitable for repeated use; and 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 one mode to another; and is fitted with devices that permit ready handling; and has a capacity of not less than 1m ³ . freight containers, offshore bulk containers, skips, bulk bins, swap bodies, trough-shaped containers, roller containers, load compartments of vehicles and flexible containers (sec.13-ssec.2) However, an IBC, large packaging or a portable tank is not a bulk container.
Intermediate bulk container means a rigid or flexible portable packaging for the transport of dangerous goods that complies with the requirements of chapter 6.5 of the ADG Code and that— has a capacity of not more than— for solids of packing group I packed in a composite, fibreboard, flexible, wooden, or rigid plastics container—1,500L; or for solids of packing group I packed in a metal container—3,000L; or for solids or liquids of packing groups II and III—3,000L; and is designed for mechanical handling. However, rigid or flexible portable packaging complying with the requirements of chapter 6.1 , 6.3 or 6.6 of the ADG Code is not an intermediate bulk container. (sec.14-ssec.1) Intermediate bulk container means a rigid or flexible portable packaging for the transport of dangerous goods that complies with the requirements of chapter 6.5 of the ADG Code and that— has a capacity of not more than— for solids of packing group I packed in a composite, fibreboard, flexible, wooden, or rigid plastics container—1,500L; or for solids of packing group I packed in a metal container—3,000L; or for solids or liquids of packing groups II and III—3,000L; and is designed for mechanical handling. (sec.14-ssec.2) However, rigid or flexible portable packaging complying with the requirements of chapter 6.1 , 6.3 or 6.6 of the ADG Code is not an intermediate bulk container.
Multiple-element gas container means— multimodal assemblies of cylinders, tubes or bundles of cylinders that are interconnected by a manifold and assembled within a framework; and service equipment or structural equipment necessary for the transport of gases in the cylinders or tubes.
Unless the context otherwise requires, a reference in this regulation to a tank is a reference to a portable tank, a rail tank wagon, or a receptacle used to contain a solid, liquid or gas. However, a reference to a tank includes an item mentioned in subsection (1) that is used to transport a gas only if the item has a capacity of not less than 450L. In this section— gas has the meaning given by section 2.2.1.1 of the ADG Code. s 16 sub 2023 SL No. 24 s 11 (sec.16-ssec.1) Unless the context otherwise requires, a reference in this regulation to a tank is a reference to a portable tank, a rail tank wagon, or a receptacle used to contain a solid, liquid or gas. (sec.16-ssec.2) However, a reference to a tank includes an item mentioned in subsection (1) that is used to transport a gas only if the item has a capacity of not less than 450L. (sec.16-ssec.3) In this section— gas has the meaning given by section 2.2.1.1 of the ADG Code.
Dangerous goods are packed in limited quantities if— the goods are packed in accordance with chapter 3.4 of the ADG Code; and the quantity of dangerous goods in each inner packaging or in each article is not more than the quantity stated, or referred to, in column 7a of the dangerous goods list for the goods.
Dangerous goods are packed in excepted quantities if— the goods are assigned to code E1, E2, E3, E4 or E5 in column 7b of the dangerous goods list; and the goods are packed in accordance with chapter 3.5 of the ADG Code; and the quantity of dangerous goods does not exceed the quantity specified in section 3.5.1.2 of the ADG Code. s 17A ins 2020 SL No. 220 s 6
This section applies in relation to a task involved in the transport of dangerous goods, including the following— packing dangerous goods; consigning dangerous goods; loading dangerous goods; unloading dangerous goods; handling a fumigated cargo transport unit; marking a package containing dangerous goods; placarding a placard load; preparing transport documentation; maintaining rail vehicles and equipment used in the transport of dangerous goods; driving a rail vehicle transporting dangerous goods; being the consignee of dangerous goods; following the procedures required under part 14 in a dangerous situation. A person who is responsible for managing or controlling the task must not employ, engage or permit someone else (the worker ) to perform the task unless the worker— has received instruction, and has satisfactorily finished training, specific to the task; or is— receiving instruction and training specific to the task; and appropriately supervised in doing the task by a person who has received instruction, and has satisfactorily finished training, specific to the task; to enable the worker to do the task safely and in compliance with this regulation. Maximum penalty—40 penalty units. A person must not manage, control or supervise the task unless the person has received instruction, and has satisfactorily finished training, specific to the task to enable the person to manage, control or supervise someone else to perform the task safely and in compliance with this regulation. Maximum penalty—40 penalty units. Subsection (5) applies if a person responsible for managing or controlling the task claims that— a person employed, engaged or permitted to do the task; or a person who supervised a person employed, engaged or permitted to do the task; has received instruction, and has satisfactorily finished training, specific to the task. The chief executive may give the person responsible for managing or controlling the task a written notice asking the person, within 14 days after receiving the notice, to give the chief executive written evidence of the instruction and the satisfactory finishing of the training. A person given a notice under subsection (5) must comply with the notice, unless the person has a reasonable excuse. Maximum penalty—15 penalty units. (sec.18-ssec.1) This section applies in relation to a task involved in the transport of dangerous goods, including the following— packing dangerous goods; consigning dangerous goods; loading dangerous goods; unloading dangerous goods; handling a fumigated cargo transport unit; marking a package containing dangerous goods; placarding a placard load; preparing transport documentation; maintaining rail vehicles and equipment used in the transport of dangerous goods; driving a rail vehicle transporting dangerous goods; being the consignee of dangerous goods; following the procedures required under part 14 in a dangerous situation. (sec.18-ssec.2) A person who is responsible for managing or controlling the task must not employ, engage or permit someone else (the worker ) to perform the task unless the worker— has received instruction, and has satisfactorily finished training, specific to the task; or is— receiving instruction and training specific to the task; and appropriately supervised in doing the task by a person who has received instruction, and has satisfactorily finished training, specific to the task; to enable the worker to do the task safely and in compliance with this regulation. Maximum penalty—40 penalty units. (sec.18-ssec.3) A person must not manage, control or supervise the task unless the person has received instruction, and has satisfactorily finished training, specific to the task to enable the person to manage, control or supervise someone else to perform the task safely and in compliance with this regulation. Maximum penalty—40 penalty units. (sec.18-ssec.4) Subsection (5) applies if a person responsible for managing or controlling the task claims that— a person employed, engaged or permitted to do the task; or a person who supervised a person employed, engaged or permitted to do the task; has received instruction, and has satisfactorily finished training, specific to the task. (sec.18-ssec.5) The chief executive may give the person responsible for managing or controlling the task a written notice asking the person, within 14 days after receiving the notice, to give the chief executive written evidence of the instruction and the satisfactory finishing of the training. (sec.18-ssec.6) A person given a notice under subsection (5) must comply with the notice, unless the person has a reasonable excuse. Maximum penalty—15 penalty units.
If it is not clear whether goods are dangerous goods or goods too dangerous to be transported, but a person suspects, or ought reasonably to suspect, that the goods are dangerous goods or goods too dangerous to be transported, the person must not consign or transport the goods until— the goods have been classified in accordance with the ADG Code; or a determination has been made that the goods are or are not— dangerous goods; or goods too dangerous to be transported. Maximum penalty—40 penalty units.
The chief executive may decide that goods are or are not— dangerous goods; or dangerous goods of a particular UN class, UN division or category; or dangerous goods with a particular subsidiary hazard; or substances of a particular packing group; or incompatible with particular dangerous goods. The chief executive may decide that— particular goods are or are not goods too dangerous to be transported; or particular dangerous goods may be or must not be transported in or on the same cargo transport unit as other goods, whether or not the other goods are dangerous goods; or particular dangerous goods may be or must not be transported in particular packaging, despite a prohibition or authorisation in the dangerous goods list. A decision under subsection (1) or (2) — is a determination for this regulation; and must be made by written notice. A notice under subsection (3) (b) is declared to be subordinate legislation under the Statutory Instruments Regulation 2022 , section 3 (3) and schedule 1 . Subsection (3) (b) does not apply to an administrative determination. See also section 167 (1) . s 20 amd 2022 SL No. 113 s 7 sch 4 (sec.20-ssec.1) The chief executive may decide that goods are or are not— dangerous goods; or dangerous goods of a particular UN class, UN division or category; or dangerous goods with a particular subsidiary hazard; or substances of a particular packing group; or incompatible with particular dangerous goods. (sec.20-ssec.2) The chief executive may decide that— particular goods are or are not goods too dangerous to be transported; or particular dangerous goods may be or must not be transported in or on the same cargo transport unit as other goods, whether or not the other goods are dangerous goods; or particular dangerous goods may be or must not be transported in particular packaging, despite a prohibition or authorisation in the dangerous goods list. (sec.20-ssec.3) A decision under subsection (1) or (2) — is a determination for this regulation; and must be made by written notice. A notice under subsection (3) (b) is declared to be subordinate legislation under the Statutory Instruments Regulation 2022 , section 3 (3) and schedule 1 . (sec.20-ssec.4) Subsection (3) (b) does not apply to an administrative determination. See also section 167 (1) .
The chief executive may decide that particular dangerous goods may, must or must not be transported— using a stated vehicle, or kind of vehicle; or on a stated route; or in or through a stated area; or at a stated time; or in quantities more than a stated amount; or in stated packaging. A decision under subsection (1) — is a determination for this regulation; and must be made by written notice. A notice under subsection (2) (b) is declared to be subordinate legislation under the Statutory Instruments Regulation 2022 , section 3 (3) and schedule 1 . Subsection (2) (b) does not apply to an administrative determination. See also section 167 (1) . s 21 amd 2022 SL No. 113 s 7 sch 4 (sec.21-ssec.1) The chief executive may decide that particular dangerous goods may, must or must not be transported— using a stated vehicle, or kind of vehicle; or on a stated route; or in or through a stated area; or at a stated time; or in quantities more than a stated amount; or in stated packaging. (sec.21-ssec.2) A decision under subsection (1) — is a determination for this regulation; and must be made by written notice. A notice under subsection (2) (b) is declared to be subordinate legislation under the Statutory Instruments Regulation 2022 , section 3 (3) and schedule 1 . (sec.21-ssec.3) Subsection (2) (b) does not apply to an administrative determination. See also section 167 (1) .
A determination is an administrative determination if— the determination— is made on the application of a person; and applies to the person or the person and other persons named in the application; or the determination— is made on the initiative of the chief executive; and applies to 1 or more persons named in the determination; and does not impose an obligation on a person, other than a condition that applies if action is taken on the basis of the determination. See part 17 for provisions about administrative determinations, including applications for, and amendment of, administrative determinations. See also chapter 14 , part 3 of the Act .
In making a determination, the chief executive may impose on the determination any condition necessary for the safe transport of dangerous goods. A person to whom a determination applies must not contravene a condition of the determination. Maximum penalty—40 penalty units. (sec.23-ssec.1) In making a determination, the chief executive may impose on the determination any condition necessary for the safe transport of dangerous goods. (sec.23-ssec.2) A person to whom a determination applies must not contravene a condition of the determination. Maximum penalty—40 penalty units.
If this regulation imposes an obligation on a person, and the person is authorised or permitted to act contrary to that obligation by a determination, the obligation must be read as if it stated that the person could fulfil the obligation by acting in compliance with the determination. In this section— obligation includes duty and requirement. (sec.24-ssec.1) If this regulation imposes an obligation on a person, and the person is authorised or permitted to act contrary to that obligation by a determination, the obligation must be read as if it stated that the person could fulfil the obligation by acting in compliance with the determination. (sec.24-ssec.2) In this section— obligation includes duty and requirement.
The chief executive must— keep a register of determinations; and with other dangerous goods authorities, keep a central register of corresponding determinations. A register kept under subsection (1) may have separate divisions for different kinds of determinations. The chief executive must record each determination in the register kept under subsection (1) (a) . The chief executive must note the amendment, suspension or cancellation of a determination in the register kept under subsection (1) (a) . In this section— corresponding determination includes a determination under this regulation that the competent authorities panel has decided should have effect in 1 or more other participating jurisdictions. (sec.25-ssec.1) The chief executive must— keep a register of determinations; and with other dangerous goods authorities, keep a central register of corresponding determinations. (sec.25-ssec.2) A register kept under subsection (1) may have separate divisions for different kinds of determinations. (sec.25-ssec.3) The chief executive must record each determination in the register kept under subsection (1) (a) . (sec.25-ssec.4) The chief executive must note the amendment, suspension or cancellation of a determination in the register kept under subsection (1) (a) . (sec.25-ssec.5) In this section— corresponding determination includes a determination under this regulation that the competent authorities panel has decided should have effect in 1 or more other participating jurisdictions.
The record of a determination in the register kept under section 25 (1) (a) must include— the provisions of the determination; or the following information— for a determination other than an administrative determination—the title of the gazette and the day the determination is gazetted; the provisions of this regulation, and of the ADG Code, to which the determination relates; the dangerous goods, equipment, packaging, vehicle or other thing to which the determination relates.
If a determination prohibits or regulates the doing of something, a person to whom the determination applies must not do the thing contrary to the determination. Maximum penalty—40 penalty units. It is a defence to a prosecution for an offence against subsection (1) that the person did not know, and could not reasonably have been expected to know, of the determination, or that the determination applied to the person. (sec.27-ssec.1) If a determination prohibits or regulates the doing of something, a person to whom the determination applies must not do the thing contrary to the determination. Maximum penalty—40 penalty units. (sec.27-ssec.2) It is a defence to a prosecution for an offence against subsection (1) that the person did not know, and could not reasonably have been expected to know, of the determination, or that the determination applied to the person.
A State is not a participating dangerous goods jurisdiction if— the Ministerial Council decides the law of the State does not include provisions having the same, or substantially the same, effect as the model legislation; and the Minister, by gazette notice, declares the State is not a participating dangerous goods jurisdiction. In this section— model legislation means— the ‘Model Act on the Transport of Dangerous Goods by Road or Rail’, as amended and approved by the Ministerial Council from time to time; and the ‘Model Subordinate Instrument on the Transport of Dangerous Goods by Road or Rail’, as amended and approved by the Ministerial Council from time to time. The model legislation is available on the Australasian Parliamentary Counsel’s Committee website. s 28 amd 2023 SL No. 24 s 12 (sec.28-ssec.1) A State is not a participating dangerous goods jurisdiction if— the Ministerial Council decides the law of the State does not include provisions having the same, or substantially the same, effect as the model legislation; and the Minister, by gazette notice, declares the State is not a participating dangerous goods jurisdiction. (sec.28-ssec.2) In this section— model legislation means— the ‘Model Act on the Transport of Dangerous Goods by Road or Rail’, as amended and approved by the Ministerial Council from time to time; and the ‘Model Subordinate Instrument on the Transport of Dangerous Goods by Road or Rail’, as amended and approved by the Ministerial Council from time to time. The model legislation is available on the Australasian Parliamentary Counsel’s Committee website.
For schedule 6 of the Act , definition dangerous goods , goods are dangerous goods if— the chief executive has made a determination that the goods are dangerous goods; or the goods satisfy the criteria stated, or referred to, in part 2 of the ADG Code. However, goods that satisfy the criteria stated, or referred to, in part 2 of the ADG Code are not dangerous goods if— the chief executive has made a determination that the goods are not dangerous goods; or the goods are 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 under column 6 of the dangerous goods list, and any condition included in that description is met. s 29 amd 2023 SL No. 24 s 13 (sec.29-ssec.1) For schedule 6 of the Act , definition dangerous goods , goods are dangerous goods if— the chief executive has made a determination that the goods are dangerous goods; or the goods satisfy the criteria stated, or referred to, in part 2 of the ADG Code. (sec.29-ssec.2) However, goods that satisfy the criteria stated, or referred to, in part 2 of the ADG Code are not dangerous goods if— the chief executive has made a determination that the goods are not dangerous goods; or the goods are 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 under column 6 of the dangerous goods list, and any condition included in that description is met.
For schedule 6 of the Act , definition goods too dangerous to be transported , goods are goods too dangerous to be transported if— the goods are stated or described in appendix A to the ADG Code; or the chief executive has made a determination that the goods are goods too dangerous to be transported; or the goods are so sensitive or unstable that they can not be safely transported even if the relevant requirements of this regulation and the ADG Code are complied with.
In this regulation, the UN class, UN division or category of particular dangerous goods is— if a determination that the goods are of a particular UN class, UN division or category is in effect—the UN class, UN division or category stated in the determination; or otherwise—the UN class, UN division or category for the goods worked out using the ADG Code. There are 9 classes of dangerous goods under the UN classification system and some of the classes are divided into divisions and some of the divisions are divided into categories. For example, UN division 6.2 (infectious substances) is divided into— 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 category B (infectious substance which does not meet the criteria for inclusion in category A). For the UN class or UN division for dangerous goods listed in the dangerous goods list, see column 3 of the list and any special provision of chapter 3.3 of the ADG Code applied to the goods under column 6 of the list. For the category of dangerous goods listed in the dangerous goods list, see part 2 of the ADG Code and any special provision of chapter 3.3 of the code applied to the goods under column 6 of the list.
In this regulation, the subsidiary hazard of particular dangerous goods is— if a determination that the goods have a particular subsidiary hazard is in effect—the subsidiary hazard stated in the determination; or otherwise—the subsidiary hazard for the goods worked out using the ADG Code. If dangerous goods are able to be assigned to more than one UN class (or more than one UN division), the goods are assigned a subsidiary hazard which is the other UN class or classes (or UN division or divisions) to which the goods also belong. For the subsidiary hazard of dangerous goods listed in the dangerous goods list, see column 4 of the list and any special provision of chapter 3.3 of the ADG Code applied to the goods under column 6 of the list.
In this regulation, the packing group for particular dangerous goods is— if a determination that the goods are of a particular packing group is in effect—the packing group stated in the determination; or otherwise—the packing group for the goods worked out using the ADG Code. Dangerous goods are assigned to a packing group to indicate the degree of danger, and the level of containment required for, the goods. The packing groups, and the degree of danger they indicate, are— packing group I (substances presenting high danger); and packing group II (substances presenting medium danger); and packing group III (substances presenting low danger). For the packing group for dangerous goods listed in the dangerous goods list, see column 5 of the list and any special provision of chapter 3.3 of the ADG Code applied to the goods under column 6 of the list.
Dangerous goods or other goods are incompatible with dangerous goods if— the goods are incompatible with the dangerous goods under chapter 9.1 of the ADG Code; or the chief executive has made a determination that the goods are incompatible with the dangerous goods; or 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. Packaging or equipment for use in the transport of dangerous goods is incompatible with the dangerous goods if a component of the packaging or equipment that is intended or likely to come into contact with the dangerous goods during transport— is likely to interact with the dangerous goods and increase risk because of the interaction; and is not protected from contact under foreseeable circumstances by a protective coating or by another effective way. (sec.34-ssec.1) Dangerous goods or other goods are incompatible with dangerous goods if— the goods are incompatible with the dangerous goods under chapter 9.1 of the ADG Code; or the chief executive has made a determination that the goods are incompatible with the dangerous goods; or 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. (sec.34-ssec.2) Packaging or equipment for use in the transport of dangerous goods is incompatible with the dangerous goods if a component of the packaging or equipment that is intended or likely to come into contact with the dangerous goods during transport— is likely to interact with the dangerous goods and increase risk because of the interaction; and is not protected from contact under foreseeable circumstances by a protective coating or by another effective way.
This part applies if a special provision prohibits the transport of dangerous goods or imposes a restriction on the way dangerous goods are to be transported.
In this part— special provision means a special provision of chapter 3.3 of the ADG Code applying to dangerous goods under column 6 of the dangerous goods list.
A person must not consign the dangerous goods for transport if the person knows, or ought reasonably to know, that— the special provision applies to the transport of the goods; and the transport of the goods does not, or will not, comply with the special provision. Maximum penalty—20 penalty units.
A person must not pack the dangerous goods for transport if the person knows, or ought reasonably to know, that— the special provision applies to the transport of the goods; and the transport of the goods does not, or will not, comply with the special provision. Maximum penalty—20 penalty units.
A person must not load the dangerous goods onto a rail vehicle for transport if the person knows, or ought reasonably to know, that— the special provision applies to the transport of the goods; and the transport of the goods does not, or will not, comply with the special provision. Maximum penalty—20 penalty units.
A prime contractor or rail operator must not transport the dangerous goods if the prime contractor or rail operator knows, or ought reasonably to know, that— the special provision applies to the transport of the goods; and the transport of the goods does not comply with the special provision. Maximum penalty—20 penalty units.
This part does not apply to dangerous goods that are— goods packed in limited quantities; or goods packed in excepted quantities. To remove any doubt, it is declared that this part applies to— dangerous goods that are purported to be packed in limited quantities but do not comply with the requirements of section 17 ; and dangerous goods that are purported to be packed in excepted quantities but do not comply with the requirements of section 17A . Sections 17 (a) and 17A (b) respectively require compliance with chapter 3.4 and 3.5 of the ADG Code. s 41 sub 2020 SL No. 220 s 7 (sec.41-ssec.1) This part does not apply to dangerous goods that are— goods packed in limited quantities; or goods packed in excepted quantities. (sec.41-ssec.2) To remove any doubt, it is declared that this part applies to— dangerous goods that are purported to be packed in limited quantities but do not comply with the requirements of section 17 ; and dangerous goods that are purported to be packed in excepted quantities but do not comply with the requirements of section 17A . Sections 17 (a) and 17A (b) respectively require compliance with chapter 3.4 and 3.5 of the ADG Code.
In this part, a reference to dangerous goods being packed in accordance with a provision in part 4 of the ADG Code includes a reference to the goods being packed in accordance with each packing requirement stated for the goods in the dangerous goods list.
Packaging is unsuitable for the transport of dangerous goods if— it must undergo a performance test under part 6 of the ADG Code and it is not approved packaging; or it does not meet a relevant standard or requirement of part 4 or 6 of the ADG Code, including a requirement about inspection, maintenance or repair; or its use, or re-use, for the transport of the goods does not comply with part 4 or 6 of the ADG Code; or its use for the transport of the goods is prohibited by, or does not comply with, a determination; or it is incompatible with the goods; or it is damaged or defective to the extent that it is not safe to use to transport the goods; or for dangerous goods purported to be packed in limited quantities—the packaging does not comply with chapter 3.4 of the ADG Code; or for dangerous goods purported to be packed in excepted quantities—the packaging does not comply with chapter 3.5 of the ADG Code. A freight container is also unsuitable for use as a bulk container for the transport of dangerous goods if it does not have affixed to it a safety approval plate as required under the International Convention for Safe Containers 1972. In this section— approved packaging means— packaging of a design that is approved under section 46 ; or foreign approved packaging. foreign approved , in relation to packaging, means packaging that has the markings required under part 6 of the ADG Code for packaging of its type, in confirmation that the packaging is ADR, ICAO, IMO, RID or UN approved. s 43 amd 2020 SL No. 220 s 8 (sec.43-ssec.1) Packaging is unsuitable for the transport of dangerous goods if— it must undergo a performance test under part 6 of the ADG Code and it is not approved packaging; or it does not meet a relevant standard or requirement of part 4 or 6 of the ADG Code, including a requirement about inspection, maintenance or repair; or its use, or re-use, for the transport of the goods does not comply with part 4 or 6 of the ADG Code; or its use for the transport of the goods is prohibited by, or does not comply with, a determination; or it is incompatible with the goods; or it is damaged or defective to the extent that it is not safe to use to transport the goods; or for dangerous goods purported to be packed in limited quantities—the packaging does not comply with chapter 3.4 of the ADG Code; or for dangerous goods purported to be packed in excepted quantities—the packaging does not comply with chapter 3.5 of the ADG Code. (sec.43-ssec.2) A freight container is also unsuitable for use as a bulk container for the transport of dangerous goods if it does not have affixed to it a safety approval plate as required under the International Convention for Safe Containers 1972. (sec.43-ssec.3) In this section— approved packaging means— packaging of a design that is approved under section 46 ; or foreign approved packaging. foreign approved , in relation to packaging, means packaging that has the markings required under part 6 of the ADG Code for packaging of its type, in confirmation that the packaging is ADR, ICAO, IMO, RID or UN approved.
A person must not apply a marking required under part 6 of the ADG Code on packaging if the packaging is not of a design approved under section 46 . Maximum penalty—40 penalty units. A person must not apply a marking mentioned in part 6 of the ADG Code on packaging if the marking is not appropriate for the packaging. Maximum penalty—40 penalty units. (sec.44-ssec.1) A person must not apply a marking required under part 6 of the ADG Code on packaging if the packaging is not of a design approved under section 46 . Maximum penalty—40 penalty units. (sec.44-ssec.2) A person must not apply a marking mentioned in part 6 of the ADG Code on packaging if the marking is not appropriate for the packaging. Maximum penalty—40 penalty units.
This section applies in relation to packaging that must undergo a performance test under part 6 of the ADG Code. portable tanks, MEGCs, tanks on tank vehicles, pressure receptacles, aerosol dispensers, IBCs, bulk containers and drums, jerry cans, boxes, bags, composite packaging drop, leakproofness, hydraulic and stacking tests A person may apply to the chief executive for the approval of a design of the packaging for use in the transport of dangerous goods. The application must— be made under section 166 ; and include sufficient information to enable the chief executive to decide the matters mentioned in section 46 (1) . (sec.45-ssec.1) This section applies in relation to packaging that must undergo a performance test under part 6 of the ADG Code. portable tanks, MEGCs, tanks on tank vehicles, pressure receptacles, aerosol dispensers, IBCs, bulk containers and drums, jerry cans, boxes, bags, composite packaging drop, leakproofness, hydraulic and stacking tests (sec.45-ssec.2) A person may apply to the chief executive for the approval of a design of the packaging for use in the transport of dangerous goods. (sec.45-ssec.3) The application must— be made under section 166 ; and include sufficient information to enable the chief executive to decide the matters mentioned in section 46 (1) .
The chief executive may, on application under section 45 , approve a design of packaging for use in the transport of dangerous goods if satisfied a packaging of the design— will comply with, or is permitted by, part 6 of the ADG Code; and satisfies the relevant testing and inspection requirements of part 6 of the ADG Code. In deciding whether packaging of a particular design satisfies a particular testing requirement, the chief executive may rely on a test certificate or report given by a recognised testing facility for the design type and complying with section 48 . In giving an approval under subsection (1) , the chief executive may impose on the approval any condition about the construction, packing, maintenance or use of packaging manufactured in accordance with the design necessary for the safe use of the packaging to transport dangerous goods. A person must not construct, pack or fail to maintain packaging for use in the transport of dangerous goods, or use packaging to transport dangerous goods, if the person knows, or ought reasonably to know, that— a condition about the construction, packing, maintenance or use of the packaging was imposed on the approval of the design for the packaging; and the construction, packing, failure to maintain or use is in contravention of the condition. Maximum penalty—40 penalty units. (sec.46-ssec.1) The chief executive may, on application under section 45 , approve a design of packaging for use in the transport of dangerous goods if satisfied a packaging of the design— will comply with, or is permitted by, part 6 of the ADG Code; and satisfies the relevant testing and inspection requirements of part 6 of the ADG Code. (sec.46-ssec.2) In deciding whether packaging of a particular design satisfies a particular testing requirement, the chief executive may rely on a test certificate or report given by a recognised testing facility for the design type and complying with section 48 . (sec.46-ssec.3) In giving an approval under subsection (1) , the chief executive may impose on the approval any condition about the construction, packing, maintenance or use of packaging manufactured in accordance with the design necessary for the safe use of the packaging to transport dangerous goods. (sec.46-ssec.4) A person must not construct, pack or fail to maintain packaging for use in the transport of dangerous goods, or use packaging to transport dangerous goods, if the person knows, or ought reasonably to know, that— a condition about the construction, packing, maintenance or use of the packaging was imposed on the approval of the design for the packaging; and the construction, packing, failure to maintain or use is in contravention of the condition. Maximum penalty—40 penalty units.
Each of the following is a recognised testing facility for a packaging design type— a testing facility registered by NATA to conduct performance tests under part 6 of the ADG Code for the packaging design type; if NATA has not registered a testing facility to conduct performance tests of a kind mentioned in paragraph (a) —a testing facility in Australia capable of conducting the tests; a facility in a foreign country approved by a public authority of the country to conduct performance tests of a kind mentioned in paragraph (a) .
A recognised testing facility for a packaging design type may certify in writing that the packaging design type has passed particular performance tests for particular dangerous goods. If a performance test is conducted by a testing facility registered by NATA, a test certificate, or report on the test, must— contain the details required under the relevant chapter of part 6 of the ADG Code; and be in the appropriate form used by testing facilities registered by NATA. If a performance test is conducted in Australia by a recognised testing facility that is not registered by NATA— the test must be observed by or for the chief executive; and a test certificate, or report on the test, must contain the details required under the relevant chapter of part 6 of the ADG Code. (sec.48-ssec.1) A recognised testing facility for a packaging design type may certify in writing that the packaging design type has passed particular performance tests for particular dangerous goods. (sec.48-ssec.2) If a performance test is conducted by a testing facility registered by NATA, a test certificate, or report on the test, must— contain the details required under the relevant chapter of part 6 of the ADG Code; and be in the appropriate form used by testing facilities registered by NATA. (sec.48-ssec.3) If a performance test is conducted in Australia by a recognised testing facility that is not registered by NATA— the test must be observed by or for the chief executive; and a test certificate, or report on the test, must contain the details required under the relevant chapter of part 6 of the ADG Code.
The chief executive may, on application under section 166 , approve a method of preparing an overpack for transport that does not comply with section 5 .1.2 of the ADG Code if the chief executive considers that the risk involved in using the method is not greater than the risk involved in using a method complying with the section. In giving an approval under subsection (1) , the chief executive may impose on the approval any condition about the use of the overpack necessary for the safe use of the overpack to transport dangerous goods. A person must not use an overpack to transport dangerous goods if the person knows, or ought reasonably to know, that— a condition about the use of the overpack was imposed on the approval of the method of preparing the overpack; and the use is in contravention of the condition. Maximum penalty—40 penalty units. (sec.49-ssec.1) The chief executive may, on application under section 166 , approve a method of preparing an overpack for transport that does not comply with section 5 .1.2 of the ADG Code if the chief executive considers that the risk involved in using the method is not greater than the risk involved in using a method complying with the section. (sec.49-ssec.2) In giving an approval under subsection (1) , the chief executive may impose on the approval any condition about the use of the overpack necessary for the safe use of the overpack to transport dangerous goods. (sec.49-ssec.3) A person must not use an overpack to transport dangerous goods if the person knows, or ought reasonably to know, that— a condition about the use of the overpack was imposed on the approval of the method of preparing the overpack; and the use is in contravention of the condition. Maximum penalty—40 penalty units.
The chief executive may authorise an entity to give approvals under section 46 or 49 . In giving an authorisation under subsection (1) , the chief executive may impose on the authorisation any condition the chief executive considers appropriate for the giving of approvals by the entity. In giving an approval, the entity must— comply with a condition imposed under subsection (2) ; and comply with the relevant requirements of part 6 of the ADG Code about the giving of the approval; and give the chief executive all of the information mentioned in section 173 (b) about the approval. If an entity is authorised to give approvals under this section— sections 45 , 46 and 49 apply as if a reference in the sections to the chief executive were a reference to the entity; and part 17 , division 1 , to the extent it deals with approvals, applies as if a reference in the division to the chief executive were a reference to the entity. An approval given by an entity under this section— is taken to be an approval given by the chief executive; and may be amended, suspended or cancelled by the chief executive under the Act . See chapter 14 , part 3 of the Act . The chief executive may withdraw an authorisation given under this section at any time. The withdrawal of an authorisation under subsection (6) does not affect an approval given by the entity before the withdrawal took effect. (sec.50-ssec.1) The chief executive may authorise an entity to give approvals under section 46 or 49 . (sec.50-ssec.2) In giving an authorisation under subsection (1) , the chief executive may impose on the authorisation any condition the chief executive considers appropriate for the giving of approvals by the entity. (sec.50-ssec.3) In giving an approval, the entity must— comply with a condition imposed under subsection (2) ; and comply with the relevant requirements of part 6 of the ADG Code about the giving of the approval; and give the chief executive all of the information mentioned in section 173 (b) about the approval. (sec.50-ssec.4) If an entity is authorised to give approvals under this section— sections 45 , 46 and 49 apply as if a reference in the sections to the chief executive were a reference to the entity; and part 17 , division 1 , to the extent it deals with approvals, applies as if a reference in the division to the chief executive were a reference to the entity. (sec.50-ssec.5) An approval given by an entity under this section— is taken to be an approval given by the chief executive; and may be amended, suspended or cancelled by the chief executive under the Act . See chapter 14 , part 3 of the Act . (sec.50-ssec.6) The chief executive may withdraw an authorisation given under this section at any time. (sec.50-ssec.7) The withdrawal of an authorisation under subsection (6) does not affect an approval given by the entity before the withdrawal took effect.
A person must not sell, supply, or offer to sell or supply, packaging for use in the transport of particular dangerous goods unless— the packaging is of a design that has been approved under section 46 and both of the following apply— the packaging is marked in accordance with part 6 or, if applicable, chapter 3.4 or 3.5 of the ADG Code; according to the marking, the packaging’s use is appropriate for the goods; or the packaging complies with the relevant requirements of parts 4 and 6 or, if applicable, chapter 3.4 or 3.5 of the ADG Code (including any relevant marking requirements) and its use is appropriate for the goods. Maximum penalty—40 penalty units. s 51 amd 2020 SL No. 220 s 9
In this division— general packaging means packaging other than a portable tank, demountable tank, MEGC, bulk container, freight container, tank on a tank vehicle or overpack.
A person must not consign dangerous goods for transport in general packaging if the person knows, or ought reasonably to know, that— the packaging is unsuitable for the transport of the goods; or the goods have not been packed in the packaging in accordance with a relevant provision of part 4 of the ADG Code. Maximum penalty—40 penalty units.
A person must not pack dangerous goods for transport in general packaging if the person knows, or ought reasonably to know, that the packaging is unsuitable for the transport of the goods. Maximum penalty—40 penalty units. A person must not pack dangerous goods for transport in general packaging in a way that the person knows, or ought reasonably to know, does not comply with a relevant provision of part 4 of the ADG Code. Maximum penalty—40 penalty units. (sec.54-ssec.1) A person must not pack dangerous goods for transport in general packaging if the person knows, or ought reasonably to know, that the packaging is unsuitable for the transport of the goods. Maximum penalty—40 penalty units. (sec.54-ssec.2) A person must not pack dangerous goods for transport in general packaging in a way that the person knows, or ought reasonably to know, does not comply with a relevant provision of part 4 of the ADG Code. Maximum penalty—40 penalty units.
A person must not load dangerous goods that are in general packaging onto a rail 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. Maximum penalty—40 penalty units.
A prime contractor or rail operator must not transport dangerous goods in 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. Maximum penalty—40 penalty units.
In this division— compliance plate means a plate that must be attached to a portable tank, MEGC or tank vehicle under part 6 of the ADG Code, and includes an identification plate. other packaging means a portable tank, demountable tank, MEGC, bulk container, freight container or tank on a tank vehicle.
A person must not attach a compliance plate, or something that purports to be a compliance plate, to a tank, MEGC or tank vehicle unless the design of the tank, MEGC or tank vehicle is approved under section 46 . Maximum penalty—30 penalty units.
A person who manufactures a portable tank for use in the transport of dangerous goods must attach a compliance plate to the tank in accordance with— if the tank is not made of fibre reinforced plastic— chapter 6 .7 of the ADG Code; or if the tank is made of fibre reinforced plastic— chapter 6 .7 and section 6.9.2.10 of the ADG Code. Maximum penalty—40 penalty units. A person who manufactures an MEGC for use in the transport of dangerous goods must attach a compliance plate to the MEGC in accordance with chapter 6.7 of the ADG Code. Maximum penalty—40 penalty units. Subsection (1) does not apply to a person who manufactures a portable tank if— chapter 6.7 and, if applicable, section 6.9.2.10 of the ADG Code permit the marking of the tank instead of the attachment of a compliance plate; and the tank is marked as required by the provisions mentioned in paragraph (a) . 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 6.10.2.2 of the ADG Code. Maximum penalty—40 penalty units. s 59 amd 2023 SL No. 24 s 14 (sec.59-ssec.1) A person who manufactures a portable tank for use in the transport of dangerous goods must attach a compliance plate to the tank in accordance with— if the tank is not made of fibre reinforced plastic— chapter 6 .7 of the ADG Code; or if the tank is made of fibre reinforced plastic— chapter 6 .7 and section 6.9.2.10 of the ADG Code. Maximum penalty—40 penalty units. (sec.59-ssec.2) A person who manufactures an MEGC for use in the transport of dangerous goods must attach a compliance plate to the MEGC in accordance with chapter 6.7 of the ADG Code. Maximum penalty—40 penalty units. (sec.59-ssec.3) Subsection (1) does not apply to a person who manufactures a portable tank if— chapter 6.7 and, if applicable, section 6.9.2.10 of the ADG Code permit the marking of the tank instead of the attachment of a compliance plate; and the tank is marked as required by the provisions mentioned in paragraph (a) . (sec.59-ssec.4) 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 6.10.2.2 of the ADG Code. Maximum penalty—40 penalty units.
The owner of a portable tank, demountable tank, MEGC or tank vehicle must not use the tank, MEGC or tank vehicle, or permit the tank, MEGC or tank vehicle to be used, to transport dangerous goods if the tank, MEGC, or tank on the tank vehicle, is unsuitable for the transport of the goods. Maximum penalty—40 penalty units.
A person must not consign dangerous goods for transport in other packaging provided by the person if— the packaging is unsuitable for the transport of the goods; or the goods have not been packed in the packaging in accordance with a relevant provision of part 4 of the ADG Code. Maximum penalty—40 penalty units. A person must not consign dangerous goods for transport in other packaging provided by another person if— the packaging is unsuitable for the transport of the goods; or the goods have not been packed in the packaging in accordance with a relevant provision of part 4 of the ADG Code. Maximum penalty—40 penalty units. (sec.61-ssec.1) A person must not consign dangerous goods for transport in other packaging provided by the person if— the packaging is unsuitable for the transport of the goods; or the goods have not been packed in the packaging in accordance with a relevant provision of part 4 of the ADG Code. Maximum penalty—40 penalty units. (sec.61-ssec.2) A person must not consign dangerous goods for transport in other packaging provided by another person if— the packaging is unsuitable for the transport of the goods; or the goods have not been packed in the packaging in accordance with a relevant provision of part 4 of the ADG Code. Maximum penalty—40 penalty units.
A person must not pack dangerous goods for transport in other packaging if the person knows, or ought reasonably to know, that the packaging is unsuitable for the transport of the goods. Maximum penalty—40 penalty units. A person must not pack dangerous goods for transport in other packaging in a way that the person knows, or ought reasonably to know, does not comply with a relevant provision of part 4 of the ADG Code. Maximum penalty—40 penalty units. (sec.62-ssec.1) A person must not pack dangerous goods for transport in other packaging if the person knows, or ought reasonably to know, that the packaging is unsuitable for the transport of the goods. Maximum penalty—40 penalty units. (sec.62-ssec.2) A person must not pack dangerous goods for transport in other packaging in a way that the person knows, or ought reasonably to know, does not comply with a relevant provision of part 4 of the ADG Code. Maximum penalty—40 penalty units.
A person must not load dangerous goods that are in other packaging onto a rail vehicle for transport if the person knows, or ought reasonably to know, that the packaging is unsuitable for the transport of the goods. Maximum penalty—40 penalty units.
A prime contractor or rail operator must not transport dangerous goods in other packaging provided by the prime contractor or the rail operator if— the packaging is unsuitable for the transport of the goods; or the goods have not been packed in the packaging in accordance with a relevant provision of part 4 of the ADG Code. Maximum penalty—40 penalty units. A prime contractor or rail operator must not transport dangerous goods in other packaging provided by another person if the prime contractor or the rail operator knows, or ought reasonably to know, that— the packaging is unsuitable for the transport of the goods; or the goods have not been packed in the packaging in accordance with a relevant provision of part 4 of the ADG Code. Maximum penalty—40 penalty units. (sec.64-ssec.1) A prime contractor or rail operator must not transport dangerous goods in other packaging provided by the prime contractor or the rail operator if— the packaging is unsuitable for the transport of the goods; or the goods have not been packed in the packaging in accordance with a relevant provision of part 4 of the ADG Code. Maximum penalty—40 penalty units. (sec.64-ssec.2) A prime contractor or rail operator must not transport dangerous goods in other packaging provided by another person if the prime contractor or the rail operator knows, or ought reasonably to know, that— the packaging is unsuitable for the transport of the goods; or the goods have not been packed in the packaging in accordance with a relevant provision of part 4 of the ADG Code. Maximum penalty—40 penalty units.
A person must not drive a rail vehicle transporting dangerous goods in bulk by rail in a bulk container or freight container if the person knows, or ought reasonably to know, that the container is damaged or defective to the extent that it is not safe to use it to transport the goods. Maximum penalty—20 penalty units. A person must not drive a rail vehicle transporting dangerous goods in other packaging if the person knows, or ought reasonably to know, that— the packaging is unsuitable for the transport of the goods; or the goods have not been packed in the packaging in accordance with a relevant provision of part 4 of the ADG Code. Maximum penalty—20 penalty units. (sec.65-ssec.1) A person must not drive a rail vehicle transporting dangerous goods in bulk by rail in a bulk container or freight container if the person knows, or ought reasonably to know, that the container is damaged or defective to the extent that it is not safe to use it to transport the goods. Maximum penalty—20 penalty units. (sec.65-ssec.2) A person must not drive a rail vehicle transporting dangerous goods in other packaging if the person knows, or ought reasonably to know, that— the packaging is unsuitable for the transport of the goods; or the goods have not been packed in the packaging in accordance with a relevant provision of part 4 of the ADG Code. Maximum penalty—20 penalty units.
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— section 5 .1.2 of the ADG Code; or an approval under section 49 . Maximum penalty—20 penalty units.
A person must not pack dangerous goods for transport in an overpack if the person knows, or ought reasonably 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— section 5 .1.2 of the ADG Code; or an approval under section 49 . Maximum penalty—20 penalty units.
A person must not load dangerous goods in an overpack onto a rail vehicle for transport if the person knows, or ought reasonably to know, that the preparation of the overpack and its contents does not comply with either— section 5 .1.2 of the ADG Code; or an approval under section 49 . Maximum penalty—20 penalty units.
A prime contractor or rail operator must not transport dangerous goods in an overpack if the prime contractor or the rail operator knows, or ought reasonably to know, that the preparation of the overpack and its contents does not comply with either— section 5 .1.2 of the ADG Code; or an approval under section 49 . Maximum penalty—20 penalty units.
A person must not drive a rail vehicle transporting dangerous goods in an overpack if the person knows, or ought reasonably to know, that the preparation of the overpack and its contents does not comply with either— section 5 .1.2 of the ADG Code; or an approval under section 49 . Maximum penalty—15 penalty units.
This section applies in relation to a person who— is— a manufacturer of packaging used, or intended to be used, to transport dangerous goods; or the consignor or rail operator for the transport of dangerous goods; and has possession of, or control over, packaging of a design type used, or intended to be used, to transport dangerous goods. The chief executive may, by written notice, ask the person to give packaging manufactured or used by the person for performance testing to the chief executive or another person nominated in the notice (the nominated person ). The person must give the packaging to the chief executive or nominated person within 14 days after the day the notice is given, unless before the end of that period the person gives the packaging to another person for performance testing under an agreement with that other person. Maximum penalty—15 penalty units. (sec.71-ssec.1) This section applies in relation to a person who— is— a manufacturer of packaging used, or intended to be used, to transport dangerous goods; or the consignor or rail operator for the transport of dangerous goods; and has possession of, or control over, packaging of a design type used, or intended to be used, to transport dangerous goods. (sec.71-ssec.2) The chief executive may, by written notice, ask the person to give packaging manufactured or used by the person for performance testing to the chief executive or another person nominated in the notice (the nominated person ). (sec.71-ssec.3) The person must give the packaging to the chief executive or nominated person within 14 days after the day the notice is given, unless before the end of that period the person gives the packaging to another person for performance testing under an agreement with that other person. Maximum penalty—15 penalty units.
This section applies in relation to a person who is— a manufacturer of packaging used, or intended to be used, to transport dangerous goods; or a consignor for the transport of packaged dangerous goods. The chief executive may, by written notice, ask the person to give written evidence that a packaging design type manufactured or used by the person has passed performance tests required under part 6 of the ADG Code. The person must give the evidence to the chief executive within 14 days after the day the notice is given. Maximum penalty—15 penalty units. A test certificate or report under section 48 is evidence for this section. (sec.72-ssec.1) This section applies in relation to a person who is— a manufacturer of packaging used, or intended to be used, to transport dangerous goods; or a consignor for the transport of packaged dangerous goods. (sec.72-ssec.2) The chief executive may, by written notice, ask the person to give written evidence that a packaging design type manufactured or used by the person has passed performance tests required under part 6 of the ADG Code. (sec.72-ssec.3) The person must give the evidence to the chief executive within 14 days after the day the notice is given. Maximum penalty—15 penalty units. (sec.72-ssec.4) A test certificate or report under section 48 is evidence for this section.
A receptacle for dangerous goods, other than a cargo 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 chapter 5.2 and section 5 .3.3 of the ADG Code. Another 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. An overpack for dangerous goods is appropriately marked if it is marked and labelled in accordance with section 5 .1.2 of the ADG Code. A package of dangerous goods packed in limited quantities is also appropriately marked if it is marked and labelled in accordance with chapter 3.4 of the ADG Code. A package of dangerous goods packed in excepted quantities is also appropriately marked if it is marked and labelled in accordance with chapter 3.5 of the ADG Code. s 73 amd 2020 SL No. 220 s 10 (sec.73-ssec.1) A receptacle for dangerous goods, other than a cargo 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 chapter 5.2 and section 5 .3.3 of the ADG Code. (sec.73-ssec.2) Another 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. (sec.73-ssec.3) An overpack for dangerous goods is appropriately marked if it is marked and labelled in accordance with section 5 .1.2 of the ADG Code. (sec.73-ssec.4) A package of dangerous goods packed in limited quantities is also appropriately marked if it is marked and labelled in accordance with chapter 3.4 of the ADG Code. (sec.73-ssec.5) A package of dangerous goods packed in excepted quantities is also appropriately marked if it is marked and labelled in accordance with chapter 3.5 of the ADG Code.
In this division, a reference to a label includes a reference to a placard.
A person must not consign dangerous goods for transport in a package if the package is not appropriately marked. Maximum penalty— for large packaging or an overpack—20 penalty units; or otherwise—7 1 / 2 penalty units. A person must not consign dangerous goods for transport in a package if a marking or label on the package about its contents is false or misleading in a material particular. Maximum penalty— for large packaging or an overpack—20 penalty units; or otherwise—7 1 / 2 penalty units. A person must not consign goods for transport in a package that does not contain dangerous goods but is marked or labelled as if it contained dangerous goods. Maximum penalty— for large packaging or an overpack—20 penalty units; or otherwise—7 1 / 2 penalty units. However, subsection (3) does not apply if the marking or labelling of the package complies with the requirements for the contents of the package in— the ICAO technical instructions; or the IMDG Code. (sec.75-ssec.1) A person must not consign dangerous goods for transport in a package if the package is not appropriately marked. Maximum penalty— for large packaging or an overpack—20 penalty units; or otherwise—7 1 / 2 penalty units. (sec.75-ssec.2) A person must not consign dangerous goods for transport in a package if a marking or label on the package about its contents is false or misleading in a material particular. Maximum penalty— for large packaging or an overpack—20 penalty units; or otherwise—7 1 / 2 penalty units. (sec.75-ssec.3) A person must not consign goods for transport in a package that does not contain dangerous goods but is marked or labelled as if it contained dangerous goods. Maximum penalty— for large packaging or an overpack—20 penalty units; or otherwise—7 1 / 2 penalty units. (sec.75-ssec.4) However, subsection (3) does not apply if the marking or labelling of the package complies with the requirements for the contents of the package in— the ICAO technical instructions; or the IMDG Code.
A person must not pack dangerous goods for transport in a package if the person knows, or ought reasonably to know, that the package— is not appropriately marked; or will not be appropriately marked once the package is ready to be transported. Maximum penalty— for large packaging or an overpack—20 penalty units; or otherwise—7 1 / 2 penalty units. 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 ought reasonably to know, is false or misleading in a material particular. Maximum penalty— for large packaging or an overpack—20 penalty units; or otherwise—7 1 / 2 penalty units. 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 ought reasonably to know, that it does not contain dangerous goods. Maximum penalty— for large packaging or an overpack—20 penalty units; or otherwise—7 1 / 2 penalty units. However, subsection (3) does not apply if the marking or labelling of the package complies with the requirements for the contents of the package in— the ICAO technical instructions; or the IMDG Code. (sec.76-ssec.1) A person must not pack dangerous goods for transport in a package if the person knows, or ought reasonably to know, that the package— is not appropriately marked; or will not be appropriately marked once the package is ready to be transported. Maximum penalty— for large packaging or an overpack—20 penalty units; or otherwise—7 1 / 2 penalty units. (sec.76-ssec.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 ought reasonably to know, is false or misleading in a material particular. Maximum penalty— for large packaging or an overpack—20 penalty units; or otherwise—7 1 / 2 penalty units. (sec.76-ssec.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 ought reasonably to know, that it does not contain dangerous goods. Maximum penalty— for large packaging or an overpack—20 penalty units; or otherwise—7 1 / 2 penalty units. (sec.76-ssec.4) However, subsection (3) does not apply if the marking or labelling of the package complies with the requirements for the contents of the package in— the ICAO technical instructions; or the IMDG Code.
A prime contractor or rail operator must not transport goods in a package if the prime contractor or the rail operator knows, or ought reasonably to know, that— the goods are dangerous goods; and the package is not appropriately marked. Maximum penalty— for large packaging or an overpack—20 penalty units; or otherwise—7 1 / 2 penalty units. A prime contractor or rail operator must not transport dangerous goods in a package if the prime contractor or the rail operator knows, or ought reasonably to know, that a marking or label on the package about its contents is false or misleading in a material particular. Maximum penalty— for large packaging or an overpack—20 penalty units; or otherwise—7 1 / 2 penalty units. 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 the rail operator knows, or ought reasonably to know, that the package does not contain dangerous goods. Maximum penalty— for large packaging or an overpack—20 penalty units; or otherwise—7 1 / 2 penalty units. However, subsection (3) does not apply if the marking or labelling of the package complies with the requirements for the contents of the package in— the ICAO technical instructions; or the IMDG Code. (sec.77-ssec.1) A prime contractor or rail operator must not transport goods in a package if the prime contractor or the rail operator knows, or ought reasonably to know, that— the goods are dangerous goods; and the package is not appropriately marked. Maximum penalty— for large packaging or an overpack—20 penalty units; or otherwise—7 1 / 2 penalty units. (sec.77-ssec.2) A prime contractor or rail operator must not transport dangerous goods in a package if the prime contractor or the rail operator knows, or ought reasonably to know, that a marking or label on the package about its contents is false or misleading in a material particular. Maximum penalty— for large packaging or an overpack—20 penalty units; or otherwise—7 1 / 2 penalty units. (sec.77-ssec.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 the rail operator knows, or ought reasonably to know, that the package does not contain dangerous goods. Maximum penalty— for large packaging or an overpack—20 penalty units; or otherwise—7 1 / 2 penalty units. (sec.77-ssec.4) However, subsection (3) does not apply if the marking or labelling of the package complies with the requirements for the contents of the package in— the ICAO technical instructions; or the IMDG Code.
A load that contains dangerous goods must be placarded if— it contains— dangerous goods in a receptacle with a capacity of more than 500L; or more than 500kg of dangerous goods in a receptacle; or it contains an aggregate quantity of dangerous goods of 250 or more, other than specified goods, and the goods include— dangerous goods of UN division 2.1 that are not aerosols; or dangerous goods of UN division 2.3 ; or dangerous goods of packing group I; or it contains dangerous goods of category A of UN division 6.2 ; or it contains an aggregate quantity of dangerous goods of UN division 6.2 (other than category A) of 10 or more; or it contains an aggregate quantity of dangerous goods of 1,000 or more, other than specified goods. A load that contains dangerous goods must be placarded if the load contains specified goods and— the specified goods include an aggregate quantity of 2,000 or more of a dangerous good of a particular UN number from a single place of consignment; or the total gross mass of the specified goods is 8 tonnes or more. This subsection applies separately and in addition to subsection (1) . See table 5.3 of the ADG Code. A load that contains dangerous goods, other than a load required to be placarded under subsection (1) or (2) , must be placarded if— the load contains a mixture of specified goods and other dangerous goods; and either of the following calculations apply— if the load contains dangerous goods mentioned in subsection (1) (b) (i) , (ii) or (iii) —the aggregate quantity of the goods, plus 10% of the total gross mass of the specified goods, is 250 or more; otherwise—the aggregate quantity of the other dangerous goods, plus 25% of the total gross mass of the specified goods, is 1,000 or more. Subsection (1) (a) does not apply to a dangerous good that is an article. In this section— specified goods means— dangerous goods packed in limited quantities; or without limiting paragraph (a) , any of the following dangerous goods— fireworks that are bon bons, party poppers or sparklers; domestic smoke detectors containing radioactive material; lighters or lighter refills containing flammable gas; fire extinguishers containing a net mass of not more than 23kg of compressed or liquefied gas; or a combination of any of the dangerous goods mentioned in paragraphs (a) and (b) . UN number , for a dangerous good, means the UN number, within the meaning of the ADG Code, for the good. An aggregate quantity in relation to a load containing dangerous goods mentioned in this section is worked out in the way provided for under schedule 3 , definition aggregate quantity . s 78 amd 2020 SL No. 220 s 11 (sec.78-ssec.1) A load that contains dangerous goods must be placarded if— it contains— dangerous goods in a receptacle with a capacity of more than 500L; or more than 500kg of dangerous goods in a receptacle; or it contains an aggregate quantity of dangerous goods of 250 or more, other than specified goods, and the goods include— dangerous goods of UN division 2.1 that are not aerosols; or dangerous goods of UN division 2.3 ; or dangerous goods of packing group I; or it contains dangerous goods of category A of UN division 6.2 ; or it contains an aggregate quantity of dangerous goods of UN division 6.2 (other than category A) of 10 or more; or it contains an aggregate quantity of dangerous goods of 1,000 or more, other than specified goods. (sec.78-ssec.2) A load that contains dangerous goods must be placarded if the load contains specified goods and— the specified goods include an aggregate quantity of 2,000 or more of a dangerous good of a particular UN number from a single place of consignment; or the total gross mass of the specified goods is 8 tonnes or more. This subsection applies separately and in addition to subsection (1) . See table 5.3 of the ADG Code. (sec.78-ssec.3) A load that contains dangerous goods, other than a load required to be placarded under subsection (1) or (2) , must be placarded if— the load contains a mixture of specified goods and other dangerous goods; and either of the following calculations apply— if the load contains dangerous goods mentioned in subsection (1) (b) (i) , (ii) or (iii) —the aggregate quantity of the goods, plus 10% of the total gross mass of the specified goods, is 250 or more; otherwise—the aggregate quantity of the other dangerous goods, plus 25% of the total gross mass of the specified goods, is 1,000 or more. (sec.78-ssec.4) Subsection (1) (a) does not apply to a dangerous good that is an article. (sec.78-ssec.5) In this section— specified goods means— dangerous goods packed in limited quantities; or without limiting paragraph (a) , any of the following dangerous goods— fireworks that are bon bons, party poppers or sparklers; domestic smoke detectors containing radioactive material; lighters or lighter refills containing flammable gas; fire extinguishers containing a net mass of not more than 23kg of compressed or liquefied gas; or a combination of any of the dangerous goods mentioned in paragraphs (a) and (b) . UN number , for a dangerous good, means the UN number, within the meaning of the ADG Code, for the good.
A person placards a load that contains dangerous goods if the person affixes, stencils, prints or places a placard about the load on any thing that is being, or that is to be, used to transport the load. A placard load is appropriately placarded if it is placarded in accordance with chapter 5.3 of the ADG Code. (sec.79-ssec.1) A person placards a load that contains dangerous goods if the person affixes, stencils, prints or places a placard about the load on any thing that is being, or that is to be, used to transport the load. (sec.79-ssec.2) A placard load is appropriately placarded if it is placarded in accordance with chapter 5.3 of the ADG Code.
A person must not consign a placard load for transport if the load is not appropriately placarded. Maximum penalty—40 penalty units. A person must not consign a placard load for transport if the placarding of the load is false or misleading in a material particular. Maximum penalty—40 penalty units. A person must not consign goods for transport in or on a cargo transport unit that does not contain a placard load but is placarded as if it contained a placard load. Maximum penalty—40 penalty units. However, subsection (3) does not apply if the placarding of the cargo transport unit complies with the requirements for the contents of the cargo transport unit in— the ICAO technical instructions; or the IMDG Code. (sec.80-ssec.1) A person must not consign a placard load for transport if the load is not appropriately placarded. Maximum penalty—40 penalty units. (sec.80-ssec.2) A person must not consign a placard load for transport if the placarding of the load is false or misleading in a material particular. Maximum penalty—40 penalty units. (sec.80-ssec.3) A person must not consign goods for transport in or on a cargo transport unit that does not contain a placard load but is placarded as if it contained a placard load. Maximum penalty—40 penalty units. (sec.80-ssec.4) However, subsection (3) does not apply if the placarding of the cargo transport unit complies with the requirements for the contents of the cargo transport unit in— the ICAO technical instructions; or the IMDG Code.
A person must not load dangerous goods onto a rail vehicle for transport if the person knows, or ought reasonably to know, that— the load is a placard load; and the load is not appropriately placarded. Maximum penalty—40 penalty units. A person who loads a placard load onto a rail vehicle for transport must not placard the load with placarding that the person knows, or ought reasonably to know, is false or misleading in a material particular. Maximum penalty—40 penalty units. A person who loads goods onto a rail vehicle for transport must not placard the load as if it were a placard load if the person knows, or ought reasonably to know, that the load is not a placard load. Maximum penalty—40 penalty units. However, subsection (3) does not apply if the placarding of the load complies with the requirements for the contents of the load in— the ICAO technical instructions; or the IMDG Code. (sec.81-ssec.1) A person must not load dangerous goods onto a rail vehicle for transport if the person knows, or ought reasonably to know, that— the load is a placard load; and the load is not appropriately placarded. Maximum penalty—40 penalty units. (sec.81-ssec.2) A person who loads a placard load onto a rail vehicle for transport must not placard the load with placarding that the person knows, or ought reasonably to know, is false or misleading in a material particular. Maximum penalty—40 penalty units. (sec.81-ssec.3) A person who loads goods onto a rail vehicle for transport must not placard the load as if it were a placard load if the person knows, or ought reasonably to know, that the load is not a placard load. Maximum penalty—40 penalty units. (sec.81-ssec.4) However, subsection (3) does not apply if the placarding of the load complies with the requirements for the contents of the load in— the ICAO technical instructions; or the IMDG Code.
A prime contractor or rail operator must not transport a load that contains dangerous goods if the prime contractor or the rail operator knows, or ought reasonably to know, that— the load is a placard load; and the load is not appropriately placarded. Maximum penalty—40 penalty units. A prime contractor or rail operator must not transport a placard load if the prime contractor or the rail operator knows, or ought reasonably to know, that the placarding of the load is false or misleading in a material particular. Maximum penalty—40 penalty units. A prime contractor or rail operator must not use a cargo transport unit that is placarded as if it contained a placard load if the prime contractor or the rail operator knows, or ought reasonably to know, that the cargo transport unit does not contain a placard load. Maximum penalty—40 penalty units. However, subsection (3) does not apply if the placarding of the cargo transport unit complies with the requirements for the contents of the cargo transport unit in— the ICAO technical instructions; or the IMDG Code. (sec.82-ssec.1) A prime contractor or rail operator must not transport a load that contains dangerous goods if the prime contractor or the rail operator knows, or ought reasonably to know, that— the load is a placard load; and the load is not appropriately placarded. Maximum penalty—40 penalty units. (sec.82-ssec.2) A prime contractor or rail operator must not transport a placard load if the prime contractor or the rail operator knows, or ought reasonably to know, that the placarding of the load is false or misleading in a material particular. Maximum penalty—40 penalty units. (sec.82-ssec.3) A prime contractor or rail operator must not use a cargo transport unit that is placarded as if it contained a placard load if the prime contractor or the rail operator knows, or ought reasonably to know, that the cargo transport unit does not contain a placard load. Maximum penalty—40 penalty units. (sec.82-ssec.4) However, subsection (3) does not apply if the placarding of the cargo transport unit complies with the requirements for the contents of the cargo transport unit in— the ICAO technical instructions; or the IMDG Code.
The owner of a rail vehicle must not use the vehicle, or permit it to be used, to transport dangerous goods if the vehicle or its equipment does not comply with chapter 4.4 of the ADG Code. Maximum penalty—40 penalty units.
A person must not consign dangerous goods for transport in or on a rail vehicle if the person knows, or ought reasonably to know, that the vehicle or its equipment does not comply with chapter 4.4 of the ADG Code. Maximum penalty—40 penalty units.
A person must not load dangerous goods onto a rail vehicle for transport if the person knows, or ought reasonably to know, that the vehicle or its equipment does not comply with chapter 4.4 of the ADG Code. Maximum penalty—20 penalty units.
A prime contractor or rail operator must not use a rail vehicle to transport dangerous goods if the vehicle or its equipment does not comply with chapter 4.4 of the ADG Code. Maximum penalty—40 penalty units.
This division applies to the following types of dangerous goods— gases of UN class 2; self-reactive substances of UN division 4.1 ; organic peroxides of UN division 5.2 ; other substances for which— the proper shipping name, within the meaning of the ADG Code, contains the word ‘stabilised’; and the self-accelerating decomposition temperature (as worked out under part 2 of the ADG Code) when presented for transport in a packaging is 50°C or lower; toxic substances of UN division 6.1 or subsidiary hazard 6.1; infectious substances of UN division 6.2 ; dangerous when wet substances of UN division 4.3 . s 87 amd 2020 SL No. 220 s 12
A person must not consign dangerous goods to which this division applies for transport in or on a cargo transport unit if the person knows, or ought reasonably to know, that the goods are not loaded or stowed, or can not be transported or unloaded, in accordance with chapter 7.1 of the ADG Code. Maximum penalty—20 penalty units. s 88 amd 2020 SL No. 220 s 13
A person must not load dangerous goods to which this division applies for transport in a cargo transport unit other than in accordance with chapter 7.1 of the ADG Code. Maximum penalty—20 penalty units. s 89 amd 2020 SL No. 220 s 13
A prime contractor or rail operator must not transport dangerous goods to which this division applies if the prime contractor or the rail operator knows, or ought reasonably to know, that the transport does not comply with chapter 7.1 of the ADG Code. Maximum penalty—20 penalty units. A prime contractor or rail operator responsible for the transport of 1 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. Maximum penalty—20 penalty units. s 90 amd 2020 SL No. 220 s 13 (sec.90-ssec.1) A prime contractor or rail operator must not transport dangerous goods to which this division applies if the prime contractor or the rail operator knows, or ought reasonably to know, that the transport does not comply with chapter 7.1 of the ADG Code. Maximum penalty—20 penalty units. (sec.90-ssec.2) A prime contractor or rail operator responsible for the transport of 1 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. Maximum penalty—20 penalty units.
This division applies in relation to goods too dangerous to be transported. See also section 458B of the Act .
A person must not load goods for transport in or on a cargo transport unit if the person knows, or ought reasonably to know, that the goods are goods too dangerous to be transported. Maximum penalty—20 penalty units.
Sourced from Queensland Legislation (legislation.qld.gov.au), CC BY 4.0.
This regulation may be cited as the Transport Infrastructure (Dangerous Goods by Rail) Regulation 2018 .
This regulation commences on 31 August 2018.
The main purposes of this regulation are— to prescribe the obligations of persons involved in the transport of dangerous goods by rail; and to reduce as far as practicable the risks arising from the transport of dangerous goods by rail; and to give effect to the standards, requirements and procedures of the ADG Code as far as they apply to the transport of dangerous goods by rail; and to promote consistency between the standards, requirements and procedures applying to the transport of dangerous goods by rail and those applying to other modes of transport. In this section— obligation includes duty and requirement. (sec.3-ssec.1) The main purposes of this regulation are— to prescribe the obligations of persons involved in the transport of dangerous goods by rail; and to reduce as far as practicable the risks arising from the transport of dangerous goods by rail; and to give effect to the standards, requirements and procedures of the ADG Code as far as they apply to the transport of dangerous goods by rail; and to promote consistency between the standards, requirements and procedures applying to the transport of dangerous goods by rail and those applying to other modes of transport. (sec.3-ssec.2) In this section— obligation includes duty and requirement.
For section 441A of the Act , definition prescribed exempt transport , each of the following is exempt from the application of chapter 14 of the Act — the transport of the following except if transported with other dangerous goods— radioactive substances under the Radiation Safety Act 1999 ; explosives under the Explosives Act 1999 ; the transport of a load of dangerous goods if— the dangerous goods are not, and do not include, infectious substances of UN division 6.2 ; and the total quantity of each type of dangerous goods in the load is no more than the quantity stated in section 1.1.1.2 , note (3)(a), table 1.1.1.2 of the ADG Code for that type; the transport by a person of a load of dangerous goods by rail if— the load does not contain dangerous goods— in a receptacle with a capacity that is more than 500L; or in a receptacle if the quantity of dangerous goods in the receptacle is more than 500kg; and the goods are not, and do not include, dangerous goods of UN class 1 (explosives), other than— dangerous goods of UN division 1.4S ; and track signals carried in a unit of rolling stock for the safety of persons working in rail transport; and the goods are not, and do not include, dangerous goods of category A of UN division 6.2 (infectious substances); and the goods are not, and do not include, dangerous goods of UN class 7 (radioactive material); and the aggregate quantity of the dangerous goods in the load, calculated in the way provided for under schedule 3 , definition aggregate quantity , is less than 25% of a load of dangerous goods that, under section 78 , is required to be placarded; and the goods are not being transported by the person in the course of a business of transporting goods by rail; the transport of dangerous goods by rail to the extent the goods are transported by, or under the direction of, an authorised person or relevant emergency service officer to prevent a dangerous situation; the transport of dangerous goods in a rail vehicle if— the dangerous goods are in packaging that is— designed for, and forming part of, the fuel or electrical system of the rail vehicle’s propulsion engine or auxiliary engine; or part of, and necessary for, the operation of an appliance, plant or refrigeration system forming part of or attached to the rail vehicle; or the dangerous goods are in equipment carried in, fitted to or installed in the rail vehicle and designed for the safety or protection of an occupant of the rail vehicle, the rail vehicle or its load, including, for example, a fire extinguisher or self-contained breathing apparatus. In this section— type , of dangerous goods, means a class or division of dangerous goods provided for in the ADG Code. s 4 sub 2019 Act No. 25 s 20 (sec.4-ssec.1) For section 441A of the Act , definition prescribed exempt transport , each of the following is exempt from the application of chapter 14 of the Act — the transport of the following except if transported with other dangerous goods— radioactive substances under the Radiation Safety Act 1999 ; explosives under the Explosives Act 1999 ; the transport of a load of dangerous goods if— the dangerous goods are not, and do not include, infectious substances of UN division 6.2 ; and the total quantity of each type of dangerous goods in the load is no more than the quantity stated in section 1.1.1.2 , note (3)(a), table 1.1.1.2 of the ADG Code for that type; the transport by a person of a load of dangerous goods by rail if— the load does not contain dangerous goods— in a receptacle with a capacity that is more than 500L; or in a receptacle if the quantity of dangerous goods in the receptacle is more than 500kg; and the goods are not, and do not include, dangerous goods of UN class 1 (explosives), other than— dangerous goods of UN division 1.4S ; and track signals carried in a unit of rolling stock for the safety of persons working in rail transport; and the goods are not, and do not include, dangerous goods of category A of UN division 6.2 (infectious substances); and the goods are not, and do not include, dangerous goods of UN class 7 (radioactive material); and the aggregate quantity of the dangerous goods in the load, calculated in the way provided for under schedule 3 , definition aggregate quantity , is less than 25% of a load of dangerous goods that, under section 78 , is required to be placarded; and the goods are not being transported by the person in the course of a business of transporting goods by rail; the transport of dangerous goods by rail to the extent the goods are transported by, or under the direction of, an authorised person or relevant emergency service officer to prevent a dangerous situation; the transport of dangerous goods in a rail vehicle if— the dangerous goods are in packaging that is— designed for, and forming part of, the fuel or electrical system of the rail vehicle’s propulsion engine or auxiliary engine; or part of, and necessary for, the operation of an appliance, plant or refrigeration system forming part of or attached to the rail vehicle; or the dangerous goods are in equipment carried in, fitted to or installed in the rail vehicle and designed for the safety or protection of an occupant of the rail vehicle, the rail vehicle or its load, including, for example, a fire extinguisher or self-contained breathing apparatus. (sec.4-ssec.2) In this section— type , of dangerous goods, means a class or division of dangerous goods provided for in the ADG Code.
Defines exemptions and an application process; provides mutual recognition and cooperation mechanisms with other jurisdictions through a competent authorities panel (secs 154–157, 158–165).
Prescribes incident reporting, emergency plan and telephone advisory service requirements for placarded loads and obligations to provide emergency information and resources after incidents (secs 141–148, 144–147).
Repeals the 2008 regulation and contains transitional and savings provisions for existing approvals, determinations, exemptions and applications (pts 20, secs 181–202).
Why it matters (official purpose claim and practical effect)
Official purpose: to prescribe obligations for people involved in rail carriage of dangerous goods, reduce rail transport risks, give effect to ADG Code standards where applicable, and promote consistency with other transport modes (sec 3).
Practical effect: it makes compliance with the ADG Code (and any chief executive determinations/approvals) a legal requirement for rail carriage of dangerous goods. Businesses carrying, packaging or handling dangerous goods by rail must adopt ADG Code technical requirements and administrative steps (marking, placarding, documentation, training, emergency planning). Failure to comply attracts civil penalties set in the regulation. (See, for example, packaging duties secs 41–71; marking/placarding secs 73–82; documentation secs 124–133; emergency plans secs 144–147.)
Who pays, who decides, and what behaviour changes
Who pays: commercial parties in the rail dangerous‑goods supply chain — consignors, packers, loaders, prime contractors, rail operators, owners, manufacturers of tanks/packaging, and, where relevant, occupiers of premises (see many specific duty sections: e.g. secs 37–40, 53–64, 59–61, 116–119, 145–148). Costs include upgraded packaging, testing, marking/placarding, training, record‑keeping, emergency planning, approvals fees (sec 180), and possible operational changes (routing, scheduling).
Who decides: the regulation vests substantial discretion in the chief executive (to make determinations, approvals, exemptions, require evidence and tests, keep registers and refer matters to the competent authorities panel) (secs 20–27, 45–50, 159–176). The competent authorities panel and other jurisdictions may give corresponding effect to decisions across jurisdictions (secs 154–157). Authorised persons and emergency service officers have inspection and enforcement roles (see duties to produce documentation, secs 128, 133).
Behaviour changes required: classify goods per ADG Code; use approved packaging or get design approvals (secs 43–51); mark, label and placard loads correctly and maintain transport documentation and emergency information (secs 73–81, 124–133); ensure training and supervision for anyone performing regulated tasks (sec 18); comply with segregation, stowage and marshalling rules (parts 8–9); follow bulk transfer, filling ratios and hose inspection rules (part 11); implement emergency plans and telephone advisory service availability for placard loads (secs 144–147).
Trade‑offs, costs and implementation risk (light analytical test of the official purpose)
Compliance burden and direct costs: The regulation translates ADG Code technical requirements into enforceable obligations for rail transport. Businesses will incur costs for compliant packaging, performance testing, attaching compliance plates, inspection/test regimes for hose assemblies, staff training, record keeping, emergency planning and fees for approvals/exemptions (see secs 45–50, 59, 71–73, 115–119, 126, 145, 180).
Administrative discretion and delay risk: Many permissions, variances and non‑standard methods depend on chief executive approvals or administrative determinations (secs 20–27, 49–50, 106, 110, 134, 159–176). That central decision point concentrates regulatory discretion and creates potential for processing delays which can affect commercial scheduling. The regulation includes internal and external review routes (secs 178–179), but those do not remove short‑term delay or uncertainty.
Implementation complexity: The regulation is heavily cross‑referenced to the ADG Code and to specific ADG chapters and tables. That creates complexity for businesses that need to interpret both instruments together (see secs 7, 8, 9, 42). The regulation supplies transitional relief when ADG Code editions change (secs 180A–180C) to reduce abrupt compliance shocks.
Effect on private choices and competition: The rules increase operating costs for rail carriage of dangerous goods relative to doing nothing; that may affect route, mode and supplier choices (for example, costs could influence whether consignors choose rail vs road or change packers/transport providers). The regulation also creates a market for approved testing facilities and authorised entities that may perform approvals or testing (secs 47–50).
Concentrated benefits and diffuse costs: Benefits from safer transport (reduced incident risk) are diffuse; compliance costs fall more directly on firms in the chain who must upgrade packaging, processes and training. Approvals and exemptions can create bespoke regulatory privileges for particular parties (secs 20–27, 159–166), which concentrates benefit where granted.
Key sections to look at for operators and suppliers
Practical next steps for a business that moves dangerous goods by rail
This is an opening excerpt, not the complete document.