Transport Infrastructure (Dangerous Goods by Rail) Regulation 2018
sec.49Approval of overpack preparation methods
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sec.49 Approval of overpack preparation methods
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.
- (a) a condition about the use of the overpack was imposed on the approval of the method of preparing the overpack; and
- (b) the use is in contravention of the condition.