sec.118Duties of prime contractors

sec.118 Duties of prime contractors

A prime contractor must not use, or permit to be used, a hose assembly for the bulk transfer of dangerous goods (other than a hose assembly for which the prime contractor is not responsible) that— has not been constructed, assembled and maintained in accordance with chapter 10.1 of the ADG Code; or has not been inspected and tested at the intervals, and in the way, required under that chapter; or did not satisfy a test under that chapter. Maximum penalty—20 penalty units. A prime contractor must not bulk transfer, or permit to be bulk transferred, dangerous goods unless the goods are transferred— in the prescribed way; and in a way that eliminates risk or, if it is not possible to eliminate risk, that minimises risk to the greatest practicable extent. Maximum penalty—40 penalty units. The prime contractor must keep, in accordance with section 10 .1.3.4 of the ADG Code, accurate records of all maintenance work, and each inspection and test, performed on the hose assembly. Maximum penalty—7 1 / 2 penalty units. It is a defence to a prosecution for an offence against subsection (2) that the prime contractor complied with that subsection as far as practicable. Subsection (4) does not apply in relation to a contravention of a requirement mentioned in section 114 , definition prescribed way , paragraph (a) (ii) . (sec.118-ssec.1) A prime contractor must not use, or permit to be used, a hose assembly for the bulk transfer of dangerous goods (other than a hose assembly for which the prime contractor is not responsible) that— has not been constructed, assembled and maintained in accordance with chapter 10.1 of the ADG Code; or has not been inspected and tested at the intervals, and in the way, required under that chapter; or did not satisfy a test under that chapter. Maximum penalty—20 penalty units. (sec.118-ssec.2) A prime contractor must not bulk transfer, or permit to be bulk transferred, dangerous goods unless the goods are transferred— in the prescribed way; and in a way that eliminates risk or, if it is not possible to eliminate risk, that minimises risk to the greatest practicable extent. Maximum penalty—40 penalty units. (sec.118-ssec.3) The prime contractor must keep, in accordance with section 10 .1.3.4 of the ADG Code, accurate records of all maintenance work, and each inspection and test, performed on the hose assembly. Maximum penalty—7 1 / 2 penalty units. (sec.118-ssec.4) It is a defence to a prosecution for an offence against subsection (2) that the prime contractor complied with that subsection as far as practicable. (sec.118-ssec.5) Subsection (4) does not apply in relation to a contravention of a requirement mentioned in section 114 , definition prescribed way , paragraph (a) (ii) .

• (a) has not been constructed, assembled and maintained in accordance with chapter 10.1 of the ADG Code; or
• (b) has not been inspected and tested at the intervals, and in the way, required under that chapter; or