sec.46Approval of packaging designs

sec.46 Approval of packaging designs

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.

• (a) will comply with, or is permitted by, part 6 of the ADG Code; and
• (b) satisfies the relevant testing and inspection requirements of part 6 of the ADG Code.