Dangerous Goods (Road and Rail Transport) Regulations 1998
I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Dangerous Goods Act 1998 .
14 December 1998G. S. M. Green
Governor
By His Excellency's Command,
P. A. Lennon
Minister for Infrastructure, Energy and Resources
PART 1 - Preliminary
Division 1 - Introductory
These regulations may be cited as the Dangerous Goods (Road and Rail Transport) Regulations 1998 .
These regulations take effect on the day on which the Dangerous Goods Act 1998 commences.
3. Main objects of regulations [1.3]
The main objects of these regulations are –(a) to reduce as far as practicable the risks of personal injury, property damage and environmental harm arising from the transport of dangerous goods by road and rail; and(b) to give effect to the standards, requirements and procedures of the ADG Code so far as they apply to the transport of dangerous goods by road and rail; and(c) to set out the obligations of people involved in the transport of dangerous goods by road and rail; and(d) to promote consistency between the standards, requirements and procedures applying to the transport of dangerous goods by road and rail and other modes of transport; and(e) to provide that, as far as practicable, the laws of this State governing the transport of dangerous goods by road and rail are consistent with the laws of other Australian jurisdictions on the same matter.
Division 2 - Interpretation
4. Cross-references to corresponding Commonwealth regulations
(1) In these regulations, a decimal number that appears inside square brackets immediately after the headnote to any regulation is the number of the provision of the Road Transport Reform (Dangerous Goods) Regulations of the Commonwealth that corresponds to that regulation.(2) The purpose of showing those numbers is to enable persons who may need to refer to a provision of the ADG Code or any other Code containing a reference to a provision of the Commonwealth Regulations to find the corresponding provision of these regulations.
5. Definitions: the dictionary [1.4]
(1) The dictionary in Schedule 3 defines particular words and expressions.(2) A relevant definition found elsewhere in these regulations is indicated by a signpost definition in the dictionary but a signpost definition of a word or expression is included only if the definition is used outside the regulation defining the word or expression.(3) A definition outside these regulations that applies particularly to these regulations is also indicated by a signpost definition in the dictionary.(4) A definition in or applying to these regulations applies to words and expressions used in these regulations unless the contrary intention appears.(5) A definition in or applying to these regulations applies to the entire regulations unless the contrary intention appears.
6. References to codes, standards and rules [1.5]
(1) In this regulation,instrument means a code, standard or rule, whether made in or outside Australia, relating to dangerous goods or to transport, and includes a provision of an instrument.(2) In these regulations, a reference to an instrument includes a reference to another instrument as applied or adopted by, or incorporated in, the first instrument.(3) In these regulations, unless the contrary intention appears, a reference to an instrument is a reference to the instrument as amended from time to time.
7. Inconsistency between regulations and codes, &c. [1.6]
(1) In this regulation,instrument means a code, standard or rule, whether made in or outside Australia, relating to dangerous goods or to transport.(2) If an instrument is applied or adopted by, or is incorporated in, these regulations and the instrument is inconsistent with these regulations, these regulations prevail to the extent of the inconsistency.
8. References to determinations, exemptions, approvals and licences [1.7]
In these regulations, a reference to –includes a reference to the determination, exemption, approval or licence as varied.(a) a determination, exemption, approval, bulk driver licence or bulk vehicle licence; or(b) a corresponding determination, exemption, approval, bulk driver licence or bulk vehicle licence –
9. References to variation of administrative determinations, &c. [1.8]
In these regulations, a reference to the variation of –includes a reference to a variation by addition, omission or substitution.(a) an administrative determination, exemption, approval, bulk driver licence or bulk vehicle licence; or(b) a corresponding administrative determination, exemption, approval, bulk driver licence or bulk vehicle licence –
Division 3 - Application of regulations
10. Dangerous situations [1.9]
These regulations do not apply to the transport of dangerous goods by an authorised officer, or an officer of an emergency service, to the extent necessary to avert, eliminate or minimise a dangerous situation.
11. Transport of small quantities [1.10]
(1) In this regulation,designated dangerous goods means dangerous goods of Class 1 (except of Class 1.4S and track signals carried for safe working purposes), Class 6.2 or Class 7.(2) These regulations do not apply to the transport by a person of a load of dangerous goods by road or rail if –(a) the goods are packaged dangerous goods; and(b) the goods are not, and do not include, designated dangerous goods; and(c) the aggregate quantity of the dangerous goods in the load is less than 25% of a placard load; and(d) in the case of transport by road, the goods are not being transported by the person for hire or reward; and(e) in the case of transport by rail, the goods are not being transported by the person on a passenger train.
12. Short trips after import [1.11]
Regulations 52 to 55 and Divisions 5 , 6 and 7 of Part 4 do not apply to the transport of dangerous goods by road or rail if –(a) the goods have been imported into Australia; and(b) the goods are being transported in a closed freight container; and(c) the goods are not leaking from the container; and(d) the goods are being transported directly to a destination that is not more than 50 kilometres by road or rail from the place of import; and(e) the container is placarded in accordance with the IATA Regulations, ICAO Rules or IMDG Code.
Division 4 - Approved forms
13. Approval and use of forms [1.16]
(1) A Competent Authority may approve a form for a provision or purpose of these regulations.(2) The form is to be used for the provision or purpose.
14. Requirements for approved forms [1.17]
(1) Each approved form is to have a heading that includes the name of these regulations and briefly indicates the purpose of the form.(2) Each kind of approved form is to be numbered using a system that gives forms of that kind a unique number.(3) Each version of a kind of approved form is to be numbered consecutively using a system that gives the version a unique number.
Division 5 - Determinations
15. Determinations: dangerous goods [1.18]
A Competent Authority may determine that –(a) goods are dangerous goods; or(b) goods are not dangerous goods; or(c) goods are dangerous goods of a particular Class; or(d) goods are dangerous goods with a particular Subsidiary Risk; or(e) goods are dangerous goods of a particular Packing Group; or(f) goods are incompatible with particular dangerous goods; or(g) goods are too dangerous to be transported; or(h) goods are too dangerous to be transported in bulk; or(i) goods are too dangerous to be transported on the same combination road vehicle as other goods; or(j) goods are too dangerous to be transported on the same rail wagon as other goods.
16. Administrative determinations [1.19]
A determination is an administrative determination if the determination –(a) is made on the application of a person; and(b) applies only to the person.
17. Conditions of administrative determinations [1.20]
An administrative determination may be subject to any condition necessary for the safe transport of dangerous goods by road or rail.
18. Register of determinations [1.21]
(1) A Competent Authority must keep a register of determinations.(2) The register may have separate divisions for different kinds of determinations.(3) The Competent Authority must record in the register –(a) each determination made under these regulations that is not an administrative determination; and(b) each determination made by a corresponding Competent Authority that would be a corresponding determination if it were recorded in the register.(4) The Competent Authority must note in the register –(a) the revocation of a determination made under these regulations; and(b) a decision of the Panel reversing a decision that a corresponding determination should have effect in all participating jurisdictions or participating jurisdictions including this jurisdiction.
19. Records of determinations [1.22]
The record of a determination in the register is to include –(a) the provisions of the determination; or(b) the following information:(i) the title of the Government Gazette of the participating jurisdiction where the determination was notified or published and the date of notification or publication;(ii) the provisions of these regulations, and of the ADG Code, to which the determination relates;(iii) the dangerous goods, equipment, packaging, vehicle or other thing to which the determination relates.
20. References to Panel [1.23]
(1) This regulation does not apply to an administrative determination.(2) A Competent Authority must refer a draft determination to the Panel if the Authority considers that the determination should have effect in all participating jurisdictions or participating jurisdictions including this jurisdiction.(3) A Competent Authority must refer to the Panel a determination having effect in this jurisdiction, and one or more other participating jurisdictions, if –(a) the Authority considers that the determination should be revoked or varied; or(b) a corresponding Competent Authority recommends to the Authority in writing that the determination should be revoked or varied.
21. Effect of Panel decisions about draft determinations [1.24]
(1) This regulation applies if –(a) a draft determination is referred to the Panel under regulation 20(2) ; and(b) the Panel decides that –(i) the draft determination should be made, what the provisions of the determination should be, and that the determination should have effect in all participating jurisdictions or participating jurisdictions including this jurisdiction; or(ii) the determination should not have effect in this participating jurisdiction.(2) A Competent Authority must have regard to the Panel's decision.
22. Effect of Panel decisions about revoking or varying determinations [1.25]
(1) This regulation applies if –(a) a determination is referred to the Panel under regulation 20(3) ; and(b) the Panel decides that the determination –(i) should, or should not, be revoked; or(ii) should be varied, whether or not the Panel's decision is the same as the variation proposed by the Authority, and should have effect as varied in all participating jurisdictions or participating jurisdictions including this jurisdiction; or(iii) should not be varied.(2) A Competent Authority must have regard to the Panel's decision.
23. Inconsistent determinations [1.26]
(1) This regulation applies if –(a) the Panel decides that a determination (in this regulation referred to as the "national determination") should have effect in all participating jurisdictions or participating jurisdictions including this jurisdiction; and(b) the national determination is inconsistent with a determination (in this regulation referred to as the "local determination") that only has effect in this jurisdiction.(2) The national determination prevails over the local determination to the extent of the inconsistency.
Division 6 - Provisions about offences generally
24. Strict liability offences [1.13]
An offence created by a provision mentioned in Schedule 1 is an offence of strict liability.
25. Deciding whether someone reasonably ought to have known or suspected [1.27]
If, in a prosecution for an offence against these regulations, it is material to prove that someone reasonably ought to have known or suspected something, the issue is to be decided having regard to –(a) the person's abilities, experience, qualifications and training; and(b) the circumstances of the alleged offence.
(1) This regulation applies to a provision prescribing a penalty for an offence.(2) The penalty is the maximum fine for an individual who is found guilty of the offence.(3) If a body corporate is found guilty of the offence, the maximum fine for the body corporate is 5 times the penalty.
Division 7 - Other matters
27. Duty to find out whether goods are dangerous goods [1.29]
(1) This regulation applies if –(a) a person manufactures goods in Australia or imports goods into Australia; and(b) the goods are not dangerous goods under regulation 31(1)(a) , (b) , (c) or (d) ; and(c) the goods are not goods to which a determination under regulation 15(b) applies; but(d) the person suspects, or reasonably ought to suspect, that the goods satisfy the UN dangerous goods tests and criteria for determining whether goods are dangerous goods.(2) The person must not consign or transport the goods by road or rail unless the person finds out whether the goods satisfy the tests and criteria.Penalty: Fine not exceeding 30 penalty units.
28. Competent Authority and authorised officers to act as soon as practicable [1.31]
If –the Authority or officer must do it as soon as practicable.(a) a Competent Authority or an authorised officer is required to do something under these regulations; and(b) no time limit is fixed within which the thing must be done –
29. Identification cards [1.32]
The identification card of an authorised officer is to contain –(a) a recent photograph of the officer; and(b) the name of the officer; and(c) the date of issue of the card; and(d) a date of expiry for the card; and(e) the name of the Competent Authority.
PART 2 - Key concepts
Division 1 - Kinds of goods
30. Goods too dangerous to be transported [2.1]
Goods are too dangerous to be transported by road or rail if they are –(a) mentioned in Appendix 5 to the ADG Code; or(b) determined under regulation 15(g) to be too dangerous to be transported by road or rail.
(1) Goods are dangerous goods if they –(a) are named in a specific entry in column 2 in Appendix 2 to the ADG Code, but not in a generic entry or in an entry where the letters "N.O.S." are shown as part of the proper shipping name for the goods; or(b) satisfy the criteria in column 2 or 9 in the Appendix; or(c) satisfy the criteria in a Special Provision of the ADG Code that is applied by column 7 in the Appendix; or(d) are determined under regulation 15(a) to be dangerous goods; or(e) satisfy the UN dangerous goods tests and criteria for determining whether goods are dangerous goods.(2) However, goods are not dangerous goods if they are determined under regulation 15(b) not to be dangerous goods.
32. Classes of dangerous goods [2.3]
(1) In these regulations, a reference to –(a) a Class of dangerous goods is a reference to the Class to which the goods are assigned under subregulation (2) ; and(b) a Class by number, or number and letter, is a reference to the number, or number and letter, of the Class to which the goods are assigned.(2) Dangerous goods are assigned to a Class if the goods –(a) are assigned to the Class in column 3 in Appendix 2 to the ADG Code; or(b) are assigned to the Class in a Special Provision of the ADG Code applying to the goods; or(c) satisfy the criteria in column 9 in Appendix 2 to the ADG Code for assignment to the Class; or(d) are determined under regulation 15(c) to be dangerous goods of the Class; or(e) satisfy the UN dangerous goods tests and criteria for assignment to the Class.
(1) In these regulations, a reference to –(a) dangerous goods with a Subsidiary Risk is a reference to the dangerous goods assigned the Subsidiary Risk under subregulation (2) ; and(b) a Subsidiary Risk by number is a reference to the number of the Subsidiary Risk with which the dangerous goods are assigned.(2) Dangerous goods are assigned a Subsidiary Risk if the goods –(a) are assigned the Subsidiary Risk in column 4 in Appendix 2 to the ADG Code; or(b) are assigned the Subsidiary Risk in a Special Provision of the ADG Code applying to the goods; or(c) satisfy the criteria in column 9 in Appendix 2 to the ADG Code for assignment of the Subsidiary Risk; or(d) are determined under regulation 15(d) to be dangerous goods assigned the Subsidiary Risk; or(e) satisfy the UN dangerous goods tests and criteria for assignment to the Subsidiary Risk.
(1) In these regulations, a reference to –(a) a Packing Group of dangerous goods is a reference to the Packing Group to which the goods are assigned under subregulation (2) ; and(b) a Packing Group by number is a reference to the number of the Packing Group to which the goods are assigned.(2) Dangerous goods (except dangerous goods of Class 1, 2 or 7) are assigned to a Packing Group if the goods –(a) are assigned to the Packing Group in column 5 in Appendix 2 to the ADG Code; or(b) are assigned to the Packing Group in a Special Provision of the Code applying to the goods; or(c) satisfy the criteria in column 9 in Appendix 2 to the ADG Code for assignment to the Packing Group; or(d) are determined under regulation 15(e) to be assigned to the Packing Group; or(e) satisfy the UN dangerous goods tests and criteria for assignment to the Packing Group.
35. Incompatible goods, &c. [2.6]
(1) Dangerous or other goods are incompatible with dangerous goods if –(a) under the ADG Code, the goods are incompatible with the dangerous goods; or(b) the goods are determined under regulation 15(f) to be incompatible with the dangerous goods; or(c) when the goods are mixed, or otherwise brought into contact, with the dangerous goods, the goods are likely to interact with the dangerous goods and increase risk because of the interaction.(2) However, goods are not to be regarded as incompatible with dangerous goods in a proceeding in which incompatibility is an issue if –(a) the goods are incompatible with the dangerous goods only because of subregulation (1)(a) or (b) ; and(b) it is established in the proceeding that, when the goods are mixed, or otherwise brought into contact, with the dangerous goods, the goods are not likely to interact with the dangerous goods and increase risk because of the interaction.(3) A container is incompatible with dangerous goods if the container is constructed of material that, when the goods are brought into contact with the container, is likely to interact with the goods and increase risk because of the interaction.(4) Transfer equipment for use in the transport of dangerous goods is incompatible with the goods if the equipment is constructed of material that, when the goods are brought into contact with the equipment, is likely to interact with the goods and increase risk because of the interaction.
Division 2 - Packages, packaging and loads
36. Packages and packaging [2.7]
(1) A package of dangerous goods or other goods is the complete product of the packing of the goods for transport by road or rail, and consists of the goods and their packaging.(2) The packaging of the goods is the container in which the goods are received or held for transport by road or rail, and includes anything that enables the container to receive or hold the goods or to be closed.
The capacity of a container is the total internal volume of the container at a temperature of 15° Celsius expressed in litres or cubic metres.
38. What is a load of goods [2.9]
All the goods in or on a vehicle are taken to be a single load.
The aggregate quantity of dangerous goods in a load is the total of –(a) the number of kilograms of solid dangerous goods and aerosols in the load; and(b) the number of litres or kilograms, whichever is used in the shipping documentation for the load to describe the goods, of liquid dangerous goods in the load (except dangerous goods of Class 2); and(c) the total capacity in litres of containers in the load containing dangerous goods of Class 2 (except aerosols).
40. Packaged dangerous goods [2.11]
Dangerous goods are packaged dangerous goods if –(a) they are dangerous goods of Class 2 in a container with a capacity of not more than 500 litres; or(b) they are dangerous goods of another Class in –(i) a container with a capacity of not more than 450 litres; and(ii) a container with a net mass of not more than 400 kilograms.
41. Dangerous goods in bulk [2.12]
Dangerous goods in bulk are dangerous goods that are not packaged dangerous goods.
(1) A load of dangerous goods is a placard load if the load contains dangerous goods in bulk.(2) A load of dangerous goods is also a placard load if the load does not contain dangerous goods in bulk, or is not a consumer commodity load, but –(a) the load contains dangerous goods of Class 6.2; or(b) for another load containing dangerous goods of Class 2.1 (except aerosols) or Class 2.3 or dangerous goods of Packing Group I – the aggregate quantity of dangerous goods in the load is at least 250; or(c) for any other load – the aggregate quantity of dangerous goods in the load is at least 1 000.
Dangerous goods are in a unit load if the goods are packaged dangerous goods and are –(a) wrapped in plastics, and strapped or otherwise secured to a pallet or other base and to each other, for transport; or(b) placed together in a protective outer container (except a freight container) for transport; or(c) secured together in a sling for transport.
Division 3 - Kinds of containers
A freight container is a re-useable container of the kind mentioned in Australian/New Zealand Standard AS/NZS 3711 that is designed for repeated use for the transport of goods by one or more modes of transport.
An IBC (or intermediate bulk container) is a rigid or flexible portable packaging for the transport of dangerous goods that –(a) has a capacity of not more than –(i) for solids of Packing Group I packed in a composite, fibreboard, flexible, wooden or rigid plastics container – 1 500 litres; and(ii) for solids of Packing Group I packed in a metal container – 3 000 litres; and(iii) for solids or liquids of Packing Groups II and III – 3 000 litres; and(b) is designed for mechanical handling; and(c) is resistant to the stresses produced in usual handling and transport.
(1) A bulk container is an IBC or another container capable of transporting dangerous goods in bulk.(2) However, a tank that is part of a vehicle is not a bulk container.
Division 4 - Persons with special duties
(1) A person is an owner of a vehicle if the person –(a) is the sole owner, a joint owner or a part owner of the vehicle; or(b) has possession or use of the vehicle under a credit, hire-purchase, lease or other agreement, except an agreement requiring the vehicle to be registered in the name of someone else.(2) A person is the owner of a railway track if the person is responsible, by reason of ownership, control or management, for either or both of the following:(a) the construction and maintenance of the railway track;(b) the construction, operation or maintenance of train control and communication systems used in relation to the railway track.
(1) A person consigns dangerous or other goods for transport by road or rail, and is the consignor of the goods, if –(a) subregulation (2) applies to the person; or(b) subregulation (2) does not apply to the person or anyone else, but subregulation (3) applies to the person; or(c) subregulations (2) and (3) do not apply to the person or anyone else, but subregulation (4) applies to the person.(2) This subregulation applies to a person who, with the person's authority, is named or otherwise identified as the consignor of the goods in shipping documentation for the transport of the goods by road or rail.(3) This subregulation applies to a person who –(a) engages a prime contractor, either directly or through an agent or other intermediary, to transport the goods by road or rail; or(b) has possession of, or control over, the goods immediately before the goods are transported by road or rail; or(c) loads a vehicle with the goods, for transport by road or rail, at a place –(i) where dangerous goods in bulk are stored; and(ii) that is unattended, except by the driver of the vehicle, during loading.(4) This subregulation applies to a person if –(a) the goods are imported into Australia; and(b) the person is the importer of the goods.
A person packs dangerous or other goods for transport by road or rail, and is a packer of the goods, if the person –(a) puts the goods in a packaging; or(b) assembles the goods as packaged goods in an outer packaging or unit load for transport by road or rail; or(c) supervises an activity mentioned in paragraph (a) or (b) ; or(d) manages or controls an activity mentioned in paragraph (a) , (b) or (c) .
A person loads dangerous or other goods for transport by road or rail, and is a loader of the goods, if the person –(a) loads a vehicle with the goods for transport by road or rail; or(b) loads a bulk container, freight container or tank that is part of a vehicle, with the goods for transport by road or rail; or(c) loads a vehicle with a freight container containing the goods for transport by road or rail; or(d) supervises an activity mentioned in paragraph (a) , (b) or (c) ; or(e) manages or controls an activity mentioned in paragraph (a) , (b) , (c) or (d) .
(1) A person is the prime contractor for the transport of dangerous or other goods by road if the person, in conducting a business for or involving the transport of dangerous goods by road, undertakes to be responsible, or is responsible, for the transport of the goods by road.(2) A person is the prime contractor for the transport of dangerous or other goods by rail if the person, in conducting a business for or involving the transport of dangerous goods by rail, undertakes to be responsible, or is responsible for –(a) the transport of the goods by rail; or(b) the condition of the rail wagon transporting the goods by rail.
PART 3 - Packaging
Division 1 - Packaging duties
52. Suitability of packaging [3.1]
For this Division, packaging is unsuitable for the transport by road or rail of dangerous goods if –(a) the packaging is not approved packaging; or(b) the packaging does not comply with Chapter 3 of the ADG Code.
A person must not mark packaging used, or intended to be used, to transport dangerous goods by road or rail with performance and specification markings required under Division 3.5 of the ADG Code unless the packaging is approved packaging.Penalty: Fine not exceeding 30 penalty units.
A person must not consign packaged dangerous goods for transport by road or rail in packaging if the person knows, or reasonably ought to know, that the packaging –(a) is unsuitable for the transport of the goods by that means; or(b) is not used in accordance with Chapter 3 of the ADG Code.Penalty: Fine not exceeding 15 penalty units.
A person must not pack dangerous goods for transport by road or rail in packaging if the person knows, or reasonably ought to know, that the packaging –(a) is unsuitable for the transport of the goods by that means; or(b) is not used in accordance with Chapter 3 of the ADG Code.Penalty: Fine not exceeding 15 penalty units.
A person must not load packaged dangerous goods for transport by road or rail in packaging if the person knows, or reasonably ought to know, that the packaging is damaged or defective to the extent that it is not safe to use to transport the goods by that means.Penalty: Fine not exceeding 15 penalty units.
57. Prime contractor's duty [3.6]
A prime contractor must not transport packaged dangerous goods by road or rail in packaging if the prime contractor knows, or reasonably ought to know, that the packaging is damaged or defective to the extent that it is not safe to use to transport the goods by that means.Penalty: Fine not exceeding 10 penalty units.
A person must not drive a vehicle transporting packaged dangerous goods by road in packaging if the person knows, or reasonably ought to know, that the packaging is damaged or defective to the extent that it is not safe to use to transport the goods by road.Penalty: Fine not exceeding 10 penalty units.
Division 2 - Approval of packaging design types
(1) A Competent Authority may, on application made in accordance with regulation 195 , approve a packaging design type for use in the transport of dangerous goods by road or rail if –(a) the applicant has carried out the tests required under Chapter 3 of the ADG Code; and(b) the Authority considers that a packaging of that design type would be safe for use in the transport of the goods by that means.(2) The approval of a packaging design type may be subject to any condition necessary for the safe transport of dangerous goods by road or rail in packaging of that design type.
60. Recognised testing facilities [3.9]
The following testing facilities are recognised testing facilities for a packaging design type:(a) a testing facility registered by NATA to conduct performance tests under Chapter 3 of the ADG Code for the packaging design type;(b) if NATA has not registered a testing facility to conduct performance tests of that kind – a testing facility in Australia capable of conducting the tests;(c) a facility in a foreign country approved by a public authority of the country to conduct performance tests of that kind.
(1) A recognised testing facility may certify in writing that a packaging design type has passed particular performance tests for particular dangerous goods.(2) If a performance test is conducted by a testing facility registered by NATA, any test certificate is to –(a) contain the details required under Division 3.7 of the ADG Code; and(b) be in the appropriate form used by NATA registered testing facilities.(3) If a performance test is conducted in Australia by a recognised testing facility that is not registered by NATA –(a) the test is to be observed by or for a Competent Authority; and(b) any test certificate is to contain the details required under Division 3.7 of the ADG Code.
Division 3 - Competent Authority's performance testing powers
62. Requiring production of packaging for testing [3.11]
(1) This regulation applies to a person who –(a) is –(i) a manufacturer of packaging used, or intended to be used, to transport dangerous goods by road or rail; or(ii) the consignor or prime contractor for the transport of packaged dangerous goods by road or rail; and(b) has possession of, or control over, packaging of a design type used, or intended to be used, to transport dangerous goods by road or rail.(2) A Competent Authority may, by written notice, require the person to produce packaging manufactured or used by the person for performance testing.(3) The person must produce the packaging to the Competent Authority, or someone nominated in the notice, within 14 days after the day when the notice is given to the person, unless the person, under an agreement with someone else, delivers the packaging to the other person before the end of that period.Penalty: Fine not exceeding 15 penalty units.
63. Requiring evidence of performance tests [3.12]
(1) This regulation applies to a person who is –(a) a manufacturer of packaging used, or intended to be used, to transport dangerous goods by road or rail; or(b) the consignor of packaged dangerous goods for the transport by road or rail.(2) A Competent Authority may, by written notice, require the person to produce written evidence that a packaging design type manufactured or used by the person has passed performance tests required under Chapter 3 of the ADG Code.(3) The person must produce the evidence to the Competent Authority within 14 days after the day when the notice is given to the person.Penalty: Fine not exceeding 15 penalty units.(4) A test certificate under regulation 61 is evidence for this regulation.
PART 4 - Dangerous goods in bulk
Division 1 - Restrictions on transport of dangerous goods in bulk
(1) A person must not consign dangerous goods for transport by road or rail in bulk if –(a) Chapter 4 of the ADG Code provides that the goods must not be transported in bulk by that means; or(b) the goods are determined under regulation 15(h) to be too dangerous to be transported in bulk.Penalty: Fine not exceeding 30 penalty units.(2) A person who consigns dangerous goods for transport by road or rail in bulk must comply with Chapter 4 of the ADG Code.Penalty: Fine not exceeding 30 penalty units.
65. Prime contractor's duty [4.2]
(1) A prime contractor must not transport dangerous goods by road or rail in bulk if –(a) Chapter 4 of the ADG Code provides that the goods must not be transported in bulk by that means; or(b) the goods are determined under regulation 15(h) to be too dangerous to be transported in bulk.Penalty: Fine not exceeding 30 penalty units.(2) A prime contractor who transports dangerous goods by road or rail in bulk must comply with Chapter 4 of the ADG Code.Penalty: Fine not exceeding 30 penalty units.
A person who drives a vehicle transporting dangerous goods by road in bulk must comply with Chapter 4 of the ADG Code.Penalty: Fine not exceeding 15 penalty units.
Division 2 - Bulk containers
(1) A person must not consign dangerous goods in bulk for transport by road or rail in a bulk container provided by the person if –(a) the material of which the container is constructed is incompatible with the dangerous goods; or(b) the container is damaged or defective to the extent that it is not safe to use to transport the goods by that means.Penalty: Fine not exceeding 30 penalty units.(2) A person must not consign dangerous goods in bulk for transport by road or rail in a bulk container provided by someone else if the person knows, or reasonably ought to know, that –(a) the material of which the container is constructed is incompatible with the dangerous goods; or(b) the container is damaged or defective to the extent that it is not safe to use to transport the goods by that means.Penalty: Fine not exceeding 30 penalty units.(3) A person must not consign dangerous goods for transport by road or rail in a bulk container if the person knows, or reasonably ought to know, that the attachment system does not comply with, or is not used in accordance with, Chapters 4 and 5 of the ADG Code.Penalty: Fine not exceeding 30 penalty units.(4) In the application of subregulation (3) to rail transport,attachment system means the attachment system between a container and a rail wagon.
68. Prime contractor's duty [4.5]
(1) A prime contractor must not transport dangerous goods in bulk by road or rail in a bulk container provided by the prime contractor if –(a) the material of which the container is constructed is incompatible with the dangerous goods; or(b) the container is damaged or defective to the extent that it is not safe to use to transport the goods by that means.Penalty: Fine not exceeding 30 penalty units.(2) A prime contractor must not transport dangerous goods in bulk by road or rail in a bulk container provided by someone else if the prime contractor knows, or reasonably ought to know, that –(a) the material of which the container is constructed is incompatible with the dangerous goods; or(b) the container is damaged or defective to the extent that it is not safe to use to transport the goods by that means.Penalty: Fine not exceeding 30 penalty units.(3) A prime contractor must not transport dangerous goods by road or rail in a bulk container if the attachment system does not comply with, or is not used in accordance with, Chapters 4 and 5 of the ADG Code.Penalty: Fine not exceeding 30 penalty units.(4) In the application of subregulation (3) to rail transport,attachment system means the attachment system between a container and a rail wagon.
69. Driver's and loader's duty [4.6]
(1) A person must not drive a vehicle transporting dangerous goods in bulk by road or rail in a bulk or freight container if the person knows, or reasonably ought to know, that the container is damaged or defective to the extent that it is not safe to use to transport the goods by that means.Penalty: Fine not exceeding 30 penalty units.(2) A person must not drive a vehicle transporting dangerous goods by road in a bulk container if the person knows, or reasonably ought to know, that the attachment system does not comply with, or is not used in accordance with, Chapters 4 and 5 of the ADG Code.Penalty: Fine not exceeding 30 penalty units.(3) A person must not load dangerous goods onto a rail wagon in a bulk or freight container unless the attachment system between the container and the rail wagon complies with, and is used in accordance with, Chapters 4 and 5 of the ADG Code.Penalty: Fine not exceeding 30 penalty units.
Division 3 - Tanks
(1) A person must not manufacture a tank designed to transport dangerous goods in bulk by road or rail other than in accordance with a design that is approved under regulation 88 .Penalty: Fine not exceeding 30 penalty units.(2) A person who manufactures a tank designed to transport dangerous goods in bulk by road or rail must attach a compliance plate to the tank in accordance with Chapter 4 of the ADG Code.Penalty: Fine not exceeding 30 penalty units.
A person must not attach a compliance plate, or something that purports to be a compliance plate, to a tank unless the tank is an approved tank.Penalty: Fine not exceeding 30 penalty units.
72. Owner's duty for certain vehicles [4.9]
The owner of a vehicle of which a tank forms part, or to which a tank is attached, must not use the vehicle, or permit the vehicle to be used, to transport dangerous goods in bulk in the form of a liquid or gas by road or rail, unless the tank –(a) is an approved tank; and(b) has been maintained, tested and inspected in accordance with Chapter 4 of the ADG Code; and(c) is used in accordance with the approval conditions, if any, specified on the tank's compliance plate.Penalty: Fine not exceeding 30 penalty units.
(1) A person must not consign dangerous goods in bulk for transport by road or rail in a tank provided by the person unless the tank –(a) is an approved tank; and(b) has been maintained, tested and inspected in accordance with Chapter 4 of the ADG Code; and(c) is used in accordance with the approval conditions, if any, specified on the tank's compliance plate.Penalty: Fine not exceeding 30 penalty units.(2) A person must not consign dangerous goods in bulk for transport by road or rail in a tank provided by someone else if the person knows, or reasonably ought to know, that the tank –(a) is not an approved tank; or(b) has not been maintained, tested and inspected in accordance with Chapter 4 of the ADG Code; or(c) is used other than in accordance with the approval conditions, if any, specified on the tank's compliance plate.Penalty: Fine not exceeding 30 penalty units.
A person must not load dangerous goods in bulk for transport by road or rail in a tank if the person knows, or reasonably ought to know, that the tank –(a) is not an approved tank; or(b) is used other than in accordance with Chapter 4 of the ADG Code.Penalty: Fine not exceeding 15 penalty units.
75. Prime contractor's duty [4.12]
(1) A prime contractor must not transport dangerous goods in bulk by road or rail in a tank provided by the prime contractor unless the tank –(a) is an approved tank; and(b) has been maintained, tested and inspected in accordance with Chapter 4 of the ADG Code; and(c) is used in accordance with the approval conditions, if any, specified on the tank's compliance plate.Penalty: Fine not exceeding 30 penalty units.(2) A prime contractor must not transport dangerous goods in bulk by road or rail in a tank provided by someone else if the prime contractor knows, or reasonably ought to know, that the tank –(a) is not an approved tank; or(b) has not been maintained, tested and inspected in accordance with Chapter 4 of the ADG Code; or(c) is used other than in accordance with the approval conditions, if any, specified on the tank's compliance plate.Penalty: Fine not exceeding 30 penalty units.(3) A prime contractor must not transport dangerous goods in bulk by road or rail in a tank forming part of a vehicle if –(a) the material of which the tank is constructed is incompatible with the dangerous goods; or(b) the tank is damaged or defective to the extent that it is not safe to use to transport the goods by that means.Penalty: Fine not exceeding 30 penalty units.
A person must not drive a vehicle transporting dangerous goods in bulk by road in a tank if the person knows, or reasonably ought to know, that the tank –(a) is not an approved tank; or(b) is used other than in accordance with the approval conditions, if any, specified on the tank's compliance plate.Penalty: Fine not exceeding 15 penalty units
Division 4 - Foreign approved tanks
(1) A person must not consign dangerous goods in bulk for transport by road or rail in a foreign approved tank provided by the person if the transport of the goods by that means in the tank is prohibited by a determination under regulation 90(1) .Penalty: Fine not exceeding 30 penalty units.(2) A person must not consign dangerous goods in bulk for transport by road or rail in a foreign approved tank provided by someone else if the person knows, or reasonably ought to know, that the transport of the goods by that means in the tank is prohibited by a determination under regulation 90(1) .Penalty: Fine not exceeding 30 penalty units.
78. Prime contractor's duty [4.15]
(1) A prime contractor must not transport dangerous goods in bulk by road or rail in a foreign approved tank provided by the prime contractor if the transport of the goods by that means in the tank is prohibited by a determination under regulation 90(1) .Penalty: Fine not exceeding 30 penalty units.(2) A prime contractor must not transport dangerous goods in bulk by road or rail in a foreign approved tank provided by someone else if the prime contractor knows, or reasonably ought to know, that the transport of the goods by that means in the tank is prohibited by a determination under regulation 90(1) .Penalty: Fine not exceeding 30 penalty units.
Division 5 - IBCs
79. Manufacturer's duty [4.16]
(1) A person must not manufacture an IBC other than in accordance with a design that is approved under regulation 89 .Penalty: Fine not exceeding 30 penalty units.(2) A person who manufactures an IBC must mark the IBC with an IBC marking in accordance with the IBC Supplement.Penalty: Fine not exceeding 30 penalty units.
A person must not mark an IBC with an IBC marking, or something that purports to be an IBC marking, unless the IBC is an approved IBC.Penalty: Fine not exceeding 30 penalty units.
(1) A person must not consign dangerous goods in bulk for transport by road or rail in an IBC provided by the person unless the IBC –(a) is an approved IBC; and(b) is used in accordance with Chapter 4 of the ADG Code and the IBC Supplement.Penalty: Fine not exceeding 30 penalty units.(2) A person must not consign dangerous goods in bulk for transport by road or rail in an IBC provided by someone else if the person knows, or reasonably ought to know, that the IBC –(a) is not an approved IBC; or(b) is used other than in accordance with Chapter 4 of the ADG Code and the IBC Supplement.Penalty: Fine not exceeding 30 penalty units.
A person must not load dangerous goods in bulk for transport by road or rail in an IBC if the person knows, or reasonably ought to know, that the IBC –(a) is not an approved IBC; or(b) is used other than in accordance with Chapter 4 of the ADG Code and the IBC Supplement.Penalty: Fine not exceeding 15 penalty units.
83. Prime contractor's duty [4.20]
(1) A prime contractor must not transport dangerous goods in bulk by road or rail in an IBC provided by the prime contractor unless the IBC –(a) is an approved IBC; and(b) is used in accordance with Chapter 4 of the ADG Code and the IBC Supplement.Penalty: Fine not exceeding 30 penalty units.(2) A prime contractor must not transport dangerous goods in bulk by road in an IBC provided by someone else if the prime contractor knows, or reasonably ought to know, that the IBC –(a) is not an approved IBC; or(b) is used other than in accordance with Chapter 4 of the ADG Code and the IBC Supplement.Penalty: Fine not exceeding 30 penalty units.
A person must not drive a vehicle transporting dangerous goods in bulk by road in an IBC if the person knows, or reasonably ought to know, that the IBC –(a) is not an approved IBC; or(b) is used other than in accordance with Chapter 4 of the ADG Code and the IBC Supplement.Penalty: Fine not exceeding 15 penalty units.
Division 6 - Foreign approved IBCs
(1) A person must not consign dangerous goods in bulk for transport by road or rail in a foreign approved IBC provided by the person if the transport of the goods by that means in the IBC is prohibited by a determination under regulation 90(2) .Penalty: Fine not exceeding 30 penalty units.(2) A person must not consign dangerous goods in bulk for transport by road or rail in a foreign approved IBC provided by someone else if the person knows, or reasonably ought to know, that the transport of the goods by that means in the IBC is prohibited by a determination under regulation 90(2) .Penalty: Fine not exceeding 30 penalty units.
86. Prime contractor's duty [4.23]
(1) A prime contractor must not transport dangerous goods in bulk by road or rail in a foreign approved IBC provided by the prime contractor if the transport of the goods by that means in the IBC is prohibited by a determination under regulation 90(2) .Penalty: Fine not exceeding 30 penalty units.(2) A prime contractor must not transport dangerous goods in bulk by road or rail in a foreign approved IBC provided by someone else if the prime contractor knows, or reasonably ought to know, that the transport of the goods by that means in the IBC is prohibited by a determination under regulation 90(2) .Penalty: Fine not exceeding 30 penalty units.
Division 7 - Approval of tank and IBC designs
87. Applications for approval [4.24]
An application for approval of a design for a tank or IBC for use in the transport of dangerous goods in bulk by road or rail is –(a) for a tank – to include the information required under Chapter 4 of the ADG Code; and(b) for an IBC – to include the information required under the IBC Supplement; and(c) if a fee is prescribed for the application – to be accompanied by the prescribed fee.
88. Approvals: tank designs [4.25]
(1) A Competent Authority may, on application made in accordance with regulations 87 and 195 , approve a design for a tank for use in the transport of dangerous goods in bulk of a particular type by road or rail if –(a) the design complies with Chapter 4 of the ADG Code; or(b) the design does not comply with the Chapter, but the Authority considers that the risk involved in using the tank is not greater than the risk involved in using a tank complying with the Chapter.(2) The approval of the design may be subject to any condition about the construction, use or maintenance of a tank manufactured in accordance with the design necessary for the safe use of the tank.(3) In this regulation, a reference to the design of a tank includes a reference to the design of –(a) the attachment system to any vehicle of which the tank is intended to form a part or to which it is intended to be attached; and(b) the stability characteristics, and other attributes, of the vehicle affecting the suitability of a tank manufactured in accordance with the design to transport the dangerous goods.
89. Approvals: IBC designs [4.26]
(1) A Competent Authority may, on application made in accordance with regulations 87 and 195 , approve a design for an IBC for use in the transport of dangerous goods in bulk of a particular type by road or rail if the Authority considers that the design complies with the IBC Supplement.(2) The approval of the design may be subject to any condition about the construction, use or maintenance of an IBC manufactured in accordance with the design necessary for the safe use of the IBC.
Division 8 - Determinations
90. Determinations: foreign approved tanks and IBCs [4.27]
(1) A Competent Authority may determine the dangerous goods in bulk that must not be transported by road or rail in a foreign approved tank.(2) A Competent Authority may determine the dangerous goods in bulk that must not be transported by road or rail in a foreign approved IBC.
PART 5 - Freight containers
(1) A person must not consign dangerous goods for transport by road or rail in a freight container provided by the person unless the container complies with Chapter 5 of the ADG Code.Penalty: Fine not exceeding 15 penalty units.(2) A person must not consign dangerous goods for transport by road or rail in a freight container that is not provided by the person if the person knows, or reasonably ought to know, that the container does not comply with Chapter 5 of the ADG Code.Penalty: Fine not exceeding 15 penalty units.(3) A person must not consign dangerous goods for transport by road or rail in a freight container if the person knows, or reasonably ought to know, that the attachment system –(a) does not comply with Chapter 5 of the ADG Code; or(b) is used other than in accordance with the Chapter.Penalty: Fine not exceeding 15 penalty units.
A person must not load dangerous goods for transport by road or rail in a freight container if the person knows, or reasonably ought to know, that the container does not comply with Chapter 5 of the ADG Code.Penalty: Fine not exceeding 15 penalty units.
93. Prime contractor's duty [5.3]
(1) A prime contractor must not transport dangerous goods by road or rail in a freight container provided by the prime contractor unless the container complies with Chapter 5 of the ADG Code.Penalty: Fine not exceeding 30 penalty units.(2) A prime contractor must not transport dangerous goods by road or rail in a freight container that is not provided by the prime contractor if the prime contractor knows, or reasonably ought to know, that the container does not comply with Chapter 5 of the ADG Code.Penalty: Fine not exceeding 30 penalty units.(3) A prime contractor must not transport dangerous goods by road in a freight container unless the attachment system –(a) complies with Chapter 5 of the ADG Code; and(b) is used in accordance with the Chapter.Penalty: Fine not exceeding 30 penalty units.(4) In the application of subregulation (3) to rail transport,attachment system means the attachment system between a container and a rail wagon.
A person must not drive a vehicle transporting dangerous goods by road in a freight container unless the container is attached to the vehicle in accordance with Chapter 5 of the ADG Code.Penalty: Fine not exceeding 15 penalty units.
PART 6 - Unit loads
A person must not consign packaged dangerous goods for transport by road or rail in a unit load unless –(a) the packages can safely be transported by that means in the unit load; and(b) if Chapter 6 of the ADG Code requires a Competent Authority's approval for the transport by that means of the unit load – the unit load is prepared in accordance with a method approved under regulation 99(1) ; and(c) the unit load otherwise complies with the Chapter.Penalty: Fine not exceeding 15 penalty units.
A person must not load packaged dangerous goods for transport by road or rail in a unit load if the person knows, or reasonably ought to know, that –(a) the packages cannot safely be transported by that means in the unit load; or(b) if Chapter 6 of the ADG Code requires a Competent Authority's approval for the transport by that means of the unit load – the unit load is not prepared in accordance with a method approved under regulation 99(1) ; or(c) the unit load does not otherwise comply with the Chapter.Penalty: Fine not exceeding 15 penalty units.
97. Prime contractor's duty [6.3]
A prime contractor must not transport packaged dangerous goods by road or rail in a unit load if the prime contractor knows, or reasonably ought to know, that –(a) the packages cannot safely be transported by that means in the unit load; or(b) the unit load does not comply with Chapter 6 of the ADG Code.Penalty: Fine not exceeding 15 penalty units.
A person must not drive a vehicle transporting packaged dangerous goods by road in a unit load if the person knows, or reasonably ought to know, that –(a) the packages cannot safely be transported by road in the unit load; or(b) the unit load does not comply with Chapter 6 of the ADG Code.Penalty: Fine not exceeding 15 penalty units.
99. Approvals: unit loads [6.5]
(1) A Competent Authority may, on application made in accordance with regulation 195 , approve a method of preparing a unit load of dangerous goods for transport by road or rail that does not comply with Chapter 6 of the ADG Code if the Authority considers that the risk involved in using the method is not greater than the risk involved in using a method complying with the Chapter.(2) The approval of a method of preparing a unit load of dangerous goods for transport by road or rail may be subject to any condition necessary for the safe transport of the dangerous goods using the method.
PART 7 - Marking and placarding
Division 1 - Marking packages and unit loads
100. Application of Division [7.1]
This Division does not apply to the transport of dangerous goods by road or rail if –(a) the goods have been imported into, or are to be exported from, Australia; and(b) the goods are being transported in a closed freight container; and(c) the goods are not leaking from the container; and(d) the goods are being transported directly –(i) for imported goods – from the place of import; and(ii) for goods for export – to the place of export; and(e) the container is placarded in accordance with the IATA Regulations, ICAO Rules or IMDG Code.
101. Meaning of "appropriately marked" [7.2]
For this Division, a package or unit load is appropriately marked if the package or unit load is marked in accordance with Chapter 7 of the ADG Code.
(1) A person must not consign dangerous goods for transport by road or rail in a package or unit load unless the package or unit load is appropriately marked.(2) A person must not consign dangerous goods for transport by road or rail in a package or unit load if a marking on the package or unit load about its contents is false or misleading in a material particular.(3) A person must not consign goods for transport by road or rail in a package or unit load that does not contain dangerous goods but is marked as if it contained dangerous goods.
(1) A person must not pack dangerous goods for transport by road or rail in a package or unit load if the person knows, or reasonably ought to know, that the packaging will not be appropriately marked when the goods are transported.(2) A person who packs dangerous goods for transport by road or rail must not mark a package or unit load with a marking about its contents that the person knows, or reasonably ought to know, is false or misleading in a material particular.(3) A person who packs goods for transport by road or rail must not mark a package or unit load that the person knows, or reasonably ought to know, does not contain dangerous goods as if it contained dangerous goods.
104. Prime contractor's duty [7.5]
(1) A prime contractor must not transport goods by road or rail in a package or unit load if the prime contractor knows, or reasonably ought to know, that –(a) the goods are dangerous goods; and(b) the package or unit load is not appropriately marked.(2) A prime contractor must not transport dangerous goods by road or rail in a package or unit load if the prime contractor knows, or reasonably ought to know, that a marking on the package or unit load about its contents is false or misleading in a material particular.(3) A prime contractor must not transport goods by road or rail in a package or unit load if the prime contractor knows, or reasonably ought to know, that the package or unit load does not contain dangerous goods but is marked as if it contained dangerous goods.
Division 2 - Placarding
105. Meaning of "appropriately placarded", &c. [7.6]
(1) For this Division –(a) a person placards a load of goods if the person placards a bulk or freight container in which, or a vehicle in or on which, the goods are being, or are to be, transported by road or rail; and(b) the placarding of a load of goods includes the placarding of a bulk or freight container in which, and the vehicle in or on which, the goods are being, or are to be, transported by road or rail.(2) For this Division, a placard load of dangerous goods is appropriately placarded if the bulk or freight container in which, and the vehicle in or on which, the goods are being, or are to be, transported by road or rail are placarded in accordance with Chapter 7 of the ADG Code.
(1) A person must not consign a placard load of dangerous goods for transport by road or rail unless the load is appropriately placarded.Penalty: Fine not exceeding 30 penalty units.(2) A person must not consign a placard load of dangerous goods for transport by road or rail if the placarding of the load is false or misleading in a material particular.Penalty: Fine not exceeding 30 penalty units.(3) A person must not consign goods for transport by road or rail in a load that does not contain dangerous goods but is placarded as if it were a placard load.Penalty: Fine not exceeding 30 penalty units.
(1) A person who loads dangerous goods for transport by road or rail must appropriately placard the load if the person knows, or reasonably ought to know, that the goods are a placard load and require placarding.Penalty: Fine not exceeding 30 penalty units.(2) A person who loads a placard load of dangerous goods for transport by road or rail must not placard the load with placarding that the person knows, or reasonably ought to know, is false or misleading in a material particular.Penalty: Fine not exceeding 30 penalty units.(3) A person who loads goods for transport by road or rail must not placard the load if the person knows, or reasonably ought to know, that the load does not contain dangerous goods.Penalty: Fine not exceeding 30 penalty units.
108. Prime contractor's duty [7.9]
(1) A prime contractor must not transport dangerous goods by road or rail if the prime contractor knows, or reasonably ought to know, that –(a) the goods are a placard load; and(b) the load is not appropriately placarded.Penalty: Fine not exceeding 30 penalty units.(2) A prime contractor must not transport a placard load of dangerous goods by road or rail if the prime contractor knows, or reasonably ought to know, that the placarding of the load is false or misleading in a material particular.Penalty: Fine not exceeding 30 penalty units.(3) A prime contractor must not transport goods by road or rail in a load if the prime contractor knows, or reasonably ought to know, that the load does not contain dangerous goods but is placarded as if it were a placard load.Penalty: Fine not exceeding 30 penalty units.
(1) A person must not drive a vehicle transporting dangerous goods by road if the person knows, or reasonably ought to know, that –(a) the goods are a placard load; and(b) the load is not appropriately placarded.Penalty: Fine not exceeding 30 penalty units.(2) A person must not drive a vehicle transporting a placard load of dangerous goods by road if the person knows, or reasonably ought to know, that the placarding of the load is false or misleading in a material particular.Penalty: Fine not exceeding 30 penalty units.(3) A person must not drive a vehicle transporting goods by road in a load if the person knows, or reasonably ought to know, that the load does not contain dangerous goods but is placarded as if it were a placard load.Penalty: Fine not exceeding 30 penalty units.
PART 8 - Vehicles and transport of explosives
Division 1 - Safety standards
The owner of a vehicle must not use the vehicle, or permit it to be used, to transport dangerous goods by road or rail unless the vehicle and its equipment comply with Chapter 8 of the ADG Code.Penalty: Fine not exceeding 30 penalty units.
A person must not consign dangerous goods for transport by road or rail on a vehicle if the person knows, or reasonably ought to know, that the vehicle or its equipment does not comply with Chapter 8 of the ADG Code.Penalty: Fine not exceeding 30 penalty units.
112. Prime contractor's duty [8.3]
A prime contractor must not use a vehicle to transport dangerous goods by road or rail unless the vehicle and its equipment comply with Chapter 8 of the ADG Code.Penalty: Fine not exceeding 30 penalty units.
A person must not drive a vehicle transporting dangerous goods by road if the person knows, or reasonably ought to know, that the vehicle or its equipment does not comply with Chapter 8 of the ADG Code.Penalty: Fine not exceeding 30 penalty units.
A person must not load dangerous goods for transport by rail on a rail wagon if the person knows, or reasonably ought to know, that the rail wagon or its equipment does not comply with Chapter 8 of the ADG Code.Penalty: Fine not exceeding 30 penalty units.
115. Dangerous goods on public passenger vehicles
(1) In this regulation,public passenger vehicle means a motor vehicle that is used to carry passengers for reward.(2) A person must not carry dangerous goods on a public passenger vehicle when it is carrying passengers except –(a) LPG in accordance with AS1596; or(b) dangerous goods of the class mentioned in column 1, and the Packing Group mentioned in column 2, of table 1.1 of the ADG Code in quantities below those mentioned in column 4 of the table.Penalty: Fine not exceeding 30 penalty units.(3) For the purposes of this regulation, dangerous goods are taken to be carried on a public passenger vehicle if the dangerous goods are carried on a trailer being towed by the vehicle.
116. Dangerous goods tankers not to use Tasman Bridge at certain times
(1) In this regulation,tanker means a vehicle that is fitted or loaded with one or more tanks for the transport by road of gas or liquids in bulk, whether or not the vehicle is specially constructed for that purpose.(2) A person must not drive a tanker transporting a Class 2 flammable gas or Class 3 flammable gas on the Tasman Bridge on Monday to Friday inclusive, between the hours of –(a) 7 a.m and 9.30 a.m; or(b) 4 p.m and 7.00 p.m.Penalty: Fine not exceeding 30 penalty units.
Division 2 - Vehicle insurance
(1) The owner of a vehicle must not use the vehicle, or permit it to be used, to transport a placard load of dangerous goods by road unless the vehicle is insured, or the owner is otherwise indemnified, in accordance with Chapter 8 of the ADG Code.Penalty: Fine not exceeding 30 penalty units.(2) For the purposes of this regulation, a person's policy of insurance or form of indemnity may be taken to be in accordance with Chapter 8 of the ADG Code notwithstanding that it does not insure or indemnify the person for pure economic loss.
118. Prime contractor's duty [8.6]
(1) A prime contractor must not use a vehicle to transport a placard load of dangerous goods by road unless the vehicle is insured, or the prime contractor is otherwise indemnified, in accordance with Chapter 8 of the ADG Code.Penalty: Fine not exceeding 30 penalty units.(2) For the purposes of this regulation, a person's policy of insurance or form of indemnity may be taken to be in accordance with Chapter 8 of the ADG Code notwithstanding that it does not insure or indemnify the person for pure economic loss.
119. Requiring evidence of insurance, &c. [8.7]
(1) This regulation applies to –(a) a person who is the owner of a vehicle used to transport placard loads of dangerous goods by road; and(b) a person who is a prime contractor responsible for the condition of the vehicle.(2) A Competent Authority may, by written notice, require the person to produce written evidence that the vehicle is insured, or the person is otherwise indemnified, in accordance with Chapter 8 of the ADG Code.(3) The person must produce the evidence to the Competent Authority within 14 days after the day when the notice is given to the person.Penalty: Fine not exceeding 10 penalty units.
Division 3 - Transport of explosives
(1) A person must not transport or otherwise handle explosives contrary to the AE Code or ADG Code.Penalty: Fine not exceeding 30 penalty units.(2) A person must not transport any explosives in a vehicle that does not comply with the AE Code.Penalty: Fine not exceeding 30 penalty units.(3) A person transporting or otherwise handling explosives must do so with all due diligence and without unnecessary delay.Penalty: Fine not exceeding 30 penalty units.(4) An authorised officer who is reasonably of the opinion that a vehicle does not comply with the AE Code may direct that no explosives are to be loaded in or on that vehicle.(5) A person must not load explosives in or on a vehicle contrary to a direction given by an authorised officer under subregulation (4) .Penalty: Fine not exceeding 30 penalty units.
PART 9 - Segregation, separation and stowage
Division 1 - Application of Part
(1) This Part applies to dangerous goods if the goods are being, or are to be, transported by road or rail in a placard load.(2) This Part also applies to dangerous goods of Class 2.3, 6 or 8 if the goods are being, or are to be, transported by road or rail in a load with food or food packaging.
Division 2 - Segregation of incompatible goods
122. Loads on combination road vehicles or rail wagons [9.2]
(1) If dangerous and incompatible goods are transported on separate vehicles forming part of a combination road vehicle, the goods are taken to be segregated in accordance with Chapter 9 of the ADG Code.(2) If dangerous goods and incompatible goods are being transported –the goods are taken to be segregated in accordance with Chapter 9 of the ADG Code.(a) in separate closed freight containers or bulk containers on a rail wagon; or(b) on separate load platforms or in separate wells of an articulated rail wagon –(3) However, the goods are not taken to be segregated in accordance with Chapter 9 if, under the Chapter or a determination under regulation 15(i) , the goods are too dangerous to be transported on the same combination road vehicle or rail wagon as other goods transported on the vehicle or rail wagon.
123. Exception for certain goods for driver's personal use [9.3]
(1) In this regulation,permitted goods means –(a) a fire-risk substance; or(b) food or food packaging.(2) Despite regulations 124 , 125 , 126 and 127 , permitted goods may be transported by road on a vehicle with incompatible goods if the permitted goods are in the vehicle's cabin for the driver's personal use.
A person must not consign dangerous goods for transport on a vehicle if the person knows, or reasonably ought to know, that –(a) the vehicle will also be transporting incompatible goods; and(b) the dangerous goods will not be segregated from the incompatible goods in accordance with –(i) Chapter 9 of the ADG Code; or(ii) an approval under regulation 128 .Penalty: Fine not exceeding 30 penalty units.
A person must not load dangerous goods for transport on a vehicle or in a freight container if the person knows, or reasonably ought to know, that –(a) the vehicle or container will also be transporting incompatible goods; and(b) the dangerous goods will not be segregated from the incompatible goods in accordance with –(i) Chapter 9 of the ADG Code; or(ii) an approval under regulation 128 .Penalty: Fine not exceeding 30 penalty units.
126. Prime contractor's duty [9.6]
A prime contractor must not use a vehicle to transport dangerous goods if –(a) the vehicle is also transporting incompatible goods; and(b) the dangerous goods are not segregated from the incompatible goods in accordance with –(i) Chapter 9 of the ADG Code; or(ii) an approval under regulation 128 .Penalty: Fine not exceeding 30 penalty units.
A person must not drive a vehicle transporting dangerous goods by road if the person knows, or reasonably ought to know, that –(a) the vehicle is also transporting incompatible goods; and(b) the dangerous goods are not segregated from the incompatible goods in accordance with –(i) Chapter 9 of the ADG Code; or(ii) an approval under regulation 128 .Penalty: Fine not exceeding 10 penalty units.
128. Approvals: segregation [9.8]
(1) A Competent Authority may, on application made in accordance with regulation 195 , approve a segregation device, or a method of segregation, not complying with Chapter 9 of the ADG Code for transporting dangerous and incompatible goods by road or rail, if the Authority considers that –(a) it is impracticable to segregate the goods by a segregation device, or method of segregation, complying with the Chapter; and(b) the risk involved in using the device or method to transport the goods by road or rail is not greater than the risk involved in using a device or method complying with the Chapter to transport the goods.(2) The approval of a device or method may be subject to any condition necessary for the safe transport of dangerous goods using the device or method.
Division 3 - Stowage, separation and marshalling
A person must not consign dangerous goods for transport by road or rail on a vehicle if the person knows, or reasonably ought to know, that the goods are not stowed in accordance with Chapter 9 of the ADG Code.Penalty: Fine not exceeding 15 penalty units.
(1) A person must not load dangerous goods on a vehicle for transport by road or rail if the person knows, or reasonably ought to know, that the goods are not stowed in accordance with Chapter 9 of the ADG Code.Penalty: Fine not exceeding 15 penalty units.(2) A person must not load dangerous goods on a train if the person knows, or reasonably ought to know, that the rail wagons in the train have not been marshalled in accordance with –(a) Chapter 9 of the ADG Code; or(b) an approval under regulation 134 .Penalty: Fine not exceeding 15 penalty units.
131. Prime contractor's duty [9.11]
(1) A prime contractor must not transport dangerous goods by road on a vehicle if the prime contractor knows, or reasonably ought to know, that the goods are not stowed on the vehicle in accordance with Chapter 9 of the ADG Code.Penalty: Fine not exceeding 15 penalty units.(2) A prime contractor must not transport dangerous goods by rail if the prime contractor knows, or reasonably ought to know, that the rail wagons comprising the train being used for the transport have not been marshalled in accordance with –(a) Chapter 9 of the ADG Code; or(b) an approval under regulation 134 .Penalty: Fine not exceeding 15 penalty units.(3) A prime contractor must not transport goods on a train with other goods if the operator knows, or reasonably ought to know, that the dangerous goods –(a) are incompatible with the other goods; and(b) have not been separated by the minimum distances specified for the goods in accordance with –(i) Chapter 9 of the ADG Code; or(ii) an approval under regulation 134 .Penalty: Fine not exceeding 15 penalty units.(4) A prime contractor must not transport a quantity of dangerous goods of a particular type on a passenger train if –(a) the prime contractor knows, or reasonably ought to know, that the quantity exceeds the quantity of dangerous goods of that type that may be transported on a passenger train in accordance with Chapter 9 of the ADG Code; and(b) the goods are not being transported in a part of the train used solely for the carriage of baggage, parcels or freight.Penalty: Fine not exceeding 15 penalty units.
A person must not drive a vehicle transporting dangerous goods by road if the person knows, or reasonably ought to know, that the goods are not stowed on the vehicle in accordance with Chapter 9 of the ADG Code.Penalty: Fine not exceeding 10 penalty units.
A passenger on a train must not transport dangerous goods of a particular type –(a) in a part of the train to which other passengers have access unless –(i) the transport of the dangerous goods has been authorised by the prime contractor; and(ii) it is reasonably necessary for the passenger to use the goods while he or she is on the train; or(b) in a part of the train used solely for the carriage of baggage, parcels or freight, unless –(i) the quantity does not exceed the quantity of dangerous goods of the type that may be transported in a passenger train in accordance with Chapter 9 of the ADG Code; or(ii) the transport of the goods has been authorised by the prime contractor.Penalty: Fine not exceeding 10 penalty units.
134. Approvals: separation and marshalling
(1) A Competent Authority may, on application made in accordance with regulation 195 , approve a method of achieving separation or a method of marshalling, not complying with Chapter 9 of the ADG Code for transporting dangerous and incompatible goods by rail, if the Authority considers that –(a) it is impracticable to separate the goods or marshal rail wagons by a method of separation or marshalling complying with the Chapter; and(b) the risk involved in using the device or method to transport the goods by road or rail is not greater than the risk involved in using a device or method complying with the Chapter to transport the goods.(2) The approval of a method may be subject to any condition necessary for the safe transport of dangerous goods using the method.
PART 10 - Transfer of dangerous goods in bulk
Division 1 - Filling ratio and ullage
(1) This regulation applies to a transfer of dangerous goods if the transfer is made –(a) in the transport of the goods by road or rail in bulk; and(b) to or from a tank, or bulk container, on a vehicle.(2) A person who transfers dangerous goods must ensure, as far as practicable, that –(a) for Class 2 dangerous goods not in the form of a refrigerated liquid – the quantity of the goods in the tank or container to which the goods are transferred does not exceed the maximum permitted filling ratio under Chapter 10 of the ADG Code; and(b) in any other case – the ullage in the tank or container complies with the Chapter.Penalty: Fine not exceeding 15 penalty units.
136. Prime contractor's duty [10.2]
A prime contractor must not use a vehicle to transport dangerous goods by road or rail in a tank or bulk container if the prime contractor knows, or reasonably ought to know, that –(a) for Class 2 dangerous goods not in the form of a refrigerated liquid – the quantity of the goods in the tank or container exceeds the maximum permitted filling ratio under Chapter 10 of the ADG Code; or(b) in any other case – the ullage in the tank or container does not comply with the Chapter.Penalty: Fine not exceeding 15 penalty units.
A person must not drive a vehicle transporting dangerous goods by road in a tank or bulk container if the person knows, or reasonably ought to know, that –(a) for Class 2 dangerous goods not in the form of a refrigerated liquid – the quantity of goods in the tank or container exceeds the maximum permitted filling ratio under Chapter 10 of the ADG Code; or(b) in any other case – the ullage in the tank or container does not comply with the Chapter.Penalty: Fine not exceeding 15 penalty units.
Division 2 - Transfer
This Division applies to a transfer of dangerous goods if the transfer is made –(a) in the transport of the goods by road or rail in bulk; and(b) to or from a tank, or bulk container, on a vehicle.
139. Transferor's duty: general [10.5]
(1) A person who transfers dangerous goods must, as far as practicable, ensure that the goods are transferred –(a) if Chapter 10 of the ADG Code applies to the transfer – in accordance with the Chapter; and(b) if the transfer of the goods is approved under regulation 144 – in accordance with the approval; and(c) in every case – in a way that averts, eliminates or minimises risk.Penalty: Fine not exceeding 15 penalty units.(2) A person must not transfer dangerous goods if the person knows, or reasonably ought to know, that –(a) the material of which the tank or container to which the goods are transferred, or the transfer equipment, is constructed is incompatible with the dangerous goods; or(b) the tank or container contains incompatible goods.Penalty: Fine not exceeding 15 penalty units.(3) If dangerous goods leak, spill or accidentally escape during the transfer of the goods, the person transferring the goods –(a) must immediately stop transferring the goods; and(b) must take all practicable steps to avert, eliminate or minimise risk; and(c) must not start transferring the goods again until the conditions causing the leak, spill or escape have been rectified.Penalty: Fine not exceeding 15 penalty units.
140. Transferor's duty: hose assemblies [10.6]
(1) A person who uses a hose assembly to transfer dangerous goods must comply with Chapter 10 of the ADG Code.Penalty: Fine not exceeding 30 penalty units.(2) A person must not use a hose assembly to transfer dangerous goods if the hose assembly is damaged or defective to the extent that use of the hose assembly to transfer the goods involves a greater risk than the risk involved in using a hose assembly that is not damaged or defective.Penalty: Fine not exceeding 30 penalty units.(3) A person must not transfer dangerous goods if the person knows, or reasonably ought to know, that a hose assembly used in the transfer –(a) has not been maintained in accordance with Chapter 10 of the ADG Code; or(b) was not inspected or tested at the intervals, or in the way, required under the Chapter; or(c) did not satisfy a test under the Chapter.Penalty: Fine not exceeding 15 penalty units.
(1) The occupier of premises where dangerous goods are transferred must, as far as practicable, ensure that the goods are transferred –(a) if Chapter 10 of the ADG Code applies to the transfer – in accordance with the Chapter; and(b) if the transfer of the goods is approved under regulation 144 – in accordance with the approval; and(c) in every case – in a way that averts, eliminates or minimises risk.Penalty: Fine not exceeding 30 penalty units.(2) The occupier of premises where dangerous goods are transferred must ensure that a hose assembly on the premises that is used, or intended to be used, for the transfer (other than a hose assembly brought onto the premises on the vehicle involved in the transfer) –(a) is maintained in accordance with Chapter 10 of the ADG Code; and(b) is inspected and tested at the intervals, and in the way, required under the Chapter; and(c) satisfies each test under the Chapter.Penalty: Fine not exceeding 15 penalty units.(3) The occupier must keep accurate records of all maintenance work, and each inspection and test, carried out on the hose assembly.Penalty: Fine not exceeding 5 penalty units.
(1) The owner of a tank or bulk container must not use the tank or container to transport dangerous goods by rail unless each hose assembly on the tank or container that is used for the transfer of dangerous goods has been maintained, inspected and tested in accordance with Chapter 10 of the ADG Code and has satisfied each test.Penalty: Fine not exceeding 15 penalty units.(2) The owner must keep accurate records of all maintenance work, and each inspection and test, carried out on the hose assembly.Penalty: Fine not exceeding 5 penalty units.
143. Prime contractor's duty [10.8]
(1) A prime contractor must, as far as practicable, ensure that dangerous goods being transferred to or from a tank, or bulk container, on a vehicle used by the prime contractor are transferred –(a) if Chapter 10 of the ADG Code applies to the transfer – in accordance with the Chapter; and(b) if the transfer of the goods is approved under regulation 144 – in accordance with the approval; and(c) in every case – in a way that averts, eliminates or minimises risk.Penalty: Fine not exceeding 30 penalty units.(2) A prime contractor must not use a vehicle to transport dangerous goods by road or rail unless each hose assembly on the vehicle that is used, or intended to be used, for the transfer of dangerous goods –(a) has been maintained in accordance with Chapter 10 of the ADG Code; and(b) was inspected and tested at the intervals, and in the way, required under the Chapter; and(c) satisfied each test.Penalty: Fine not exceeding 15 penalty units.(3) The prime contractor must keep accurate records of all maintenance work, and each inspection and test, carried out on the hose assembly.Penalty: Fine not exceeding 5 penalty units.
144. Approvals: transfers of dangerous goods [10.9]
(1) A Competent Authority may, on application made in accordance with regulation 195 , approve the transfer of dangerous goods otherwise than in accordance with Chapter 10 of the ADG Code if the Authority considers that the risk involved in the transfer of the goods is not greater than the risk involved in the transfer of the goods in accordance with the Chapter.(2) The approval of a transfer of dangerous goods may be subject to any condition necessary for the safe transfer of the goods.
PART 11 - Documents
Division 1 - Shipping documentation
145. False or misleading information [11.1]
A person must not include information in shipping documentation for the transport of dangerous goods by road or rail that the person knows is false or misleading in a material particular.Penalty: Fine not exceeding 30 penalty units.
(1) A person must not consign dangerous goods for transport by road or rail on a vehicle unless the prime contractor or driver of the vehicle has shipping documentation, complying with Chapter 11 of the ADG Code, for the goods.Penalty: Fine not exceeding 10 penalty units.(2) In the case of transport by rail, subregulation (1) is complied with for a load if the prime contractor or driver has been informed of the contents of the shipping documentation by means of electronic data processing or electronic data interchange.(3) A person must not consign dangerous goods for transport by road if the person knows, or reasonably ought to know, that the goods will be divided into, and transported in, separate loads, unless subregulation (4) is complied with for each load.Penalty: Fine not exceeding 10 penalty units.(4) In the case of transport by road, this subregulation is complied with for a load if the prime contractor, or the driver of the vehicle transporting the load, has been given separate shipping documentation, complying with Chapter 11 of the ADG Code, for the load.
147. Prime contractor's duty [11.3]
(1) A prime contractor must ensure that a person does not drive a vehicle used by the prime contractor to transport dangerous goods by road or rail unless the person has been given shipping documentation, complying with Chapter 11 of the ADG Code, for the goods.Penalty: Fine not exceeding 15 penalty units.(2) A prime contractor is taken to have complied with subregulation (1) in the case of transport by rail if the prime contractor has communicated the contents of the shipping documentation to the person by means of electronic data processing or electronic data interchange before the person drives the vehicle.
(1) The driver of a vehicle transporting dangerous goods by road must carry shipping documentation, complying with Chapter 11 of the ADG Code, for the goods.Penalty: Fine not exceeding 10 penalty units.(2) The driver of a vehicle transporting dangerous goods by road or rail must carry the shipping documentation for the goods in an emergency information holder complying with Chapter 11 of the ADG Code.Penalty: Fine not exceeding 5 penalty units.(3) The driver of a vehicle transporting dangerous goods by road or rail must produce the shipping documentation for the goods for inspection by an authorised officer, or an officer of an emergency service, if the officer asks the driver to produce the documentation for inspection.Penalty: Fine not exceeding 10 penalty units.(4) This regulation does not apply to a driver in respect of a train engaged in shunting or marshalling operations if the shipping documentation is readily available in the immediate vicinity of the place where those operations are being carried out.
Division 2 - Emergency information
149. Meaning of "required emergency information" [11.5]
In this Division,required emergency information means –(a) emergency information complying with Chapter 11 of the ADG Code; or(b) emergency information that is approved under regulation 153 .
A person must not consign a placard load of dangerous goods for transport by road on a vehicle if the person knows, or reasonably ought to know, that the required emergency information is not on the vehicle.Penalty: Fine not exceeding 10 penalty units.
151. Prime contractor's duty [11.7]
(1) A prime contractor must not use a vehicle to transport a placard load of dangerous goods by road or rail unless emergency information is contained in the vehicle in an emergency information holder in accordance with Chapter 11 of the ADG Code.Penalty: Fine not exceeding 15 penalty units.(2) This regulation does not apply to a prime contractor in respect of a train engaged in shunting or marshalling operations if the emergency information is readily available in the immediate vicinity of the place where those shunting operations are being carried out.
(1) A person must not drive a vehicle transporting a placard load of dangerous goods by road or rail except in accordance with Chapter 11 of the ADG Code.Penalty: Fine not exceeding 10 penalty units.(2) The driver of a vehicle transporting a placard load of dangerous goods by road or rail must ensure that the vehicle's emergency information holder contains only –(a) the required emergency information; and(b) the shipping documentation for the goods.Penalty: Fine not exceeding 5 penalty units.(3) The driver of a vehicle transporting a placard load of dangerous goods by road or rail must produce the required emergency information for inspection by an authorised officer, or an officer of an emergency service, if the officer asks the driver to produce the information for inspection.Penalty: Fine not exceeding 10 penalty units.(4) This regulation does not apply to a driver in respect of a train engaged in shunting or marshalling operations if the emergency information is readily available in the immediate vicinity of the place where those shunting operations are being carried out.
153. Approvals: emergency information [11.9]
A Competent Authority may, on application made in accordance with regulation 195 or on the Authority's own initiative, approve emergency information that does not comply with Chapter 11 of the ADG Code if the Authority considers that use of the information would be as accurate, and at least as convenient and efficient, as information complying with the Chapter.
Division 3 - Prior notice for specific goods transported by rail
A person must not consign dangerous goods of Class 1, 6.2 or 7 for transport by rail unless the person has –(a) given the prime contractor prior notice of the consignment; and(b) been advised by the prime contractor that the dangerous goods can be transported.Penalty: Fine not exceeding 15 penalty units.
A prime contractor must, if required by the owner of a railway track, provide prior notice to the owner about the transport of dangerous goods of Class 1, 6.2 or 7 over that railway track.Penalty: Fine not exceeding 15 penalty units.
PART 12 - Personal protective and safety equipment
The owner of a vehicle must not use the vehicle, or allow the vehicle to be used, to transport a placard load of dangerous goods by road unless the vehicle is equipped with –(a) fire extinguishers and portable warning devices complying with Chapter 12 of the ADG Code; and(b) any other equipment required under the Chapter.Penalty: Fine not exceeding 30 penalty units.
157. Prime contractor's duty [12.2]
A prime contractor must not use a vehicle to transport a placard load of dangerous goods by road unless –(a) the driver of the vehicle is provided with personal protective equipment of a type, quality and quantity reasonably necessary for the personal safety of the driver, both during the normal course of transport and in a dangerous situation; and(b) the vehicle is equipped with safety equipment of a type, quality and quantity reasonably necessary to allow the goods to be transported safely on the vehicle and the vehicle to operate safely, both in the normal course of transport and in a dangerous situation; and(c) the vehicle is equipped with –(i) fire extinguishers that are stowed, and have been inspected and tested, in accordance with Chapter 12 of the ADG Code; and(ii) portable warning devices complying with the Chapter; and(iii) any other equipment required under the Chapter; and(d) each item of equipment mentioned in paragraphs (a) , (b) and (c) is in good repair and proper working order.Penalty: Fine not exceeding 30 penalty units.
(1) A person must not drive a vehicle transporting a placard load of dangerous goods by road unless the vehicle is equipped with –(a) fire extinguishers and portable warning devices complying with Chapter 12 of the ADG Code; and(b) any other equipment required under the Chapter.Penalty: Fine not exceeding 10 penalty units.(2) A person must not drive a vehicle transporting a placard load of dangerous goods by road if the person knows, or reasonably ought to know, that the equipment for the vehicle mentioned in subregulation (1) –(a) is not stowed in accordance with Chapter 12 of the ADG Code; or(b) has not been inspected or tested in accordance with the Chapter.Penalty: Fine not exceeding 10 penalty units.
PART 13 - Procedures during transport
Division 1 - Immobilised and stopped vehicles
159. Driver's duty: road [13.1]
(1) This regulation applies if a vehicle transporting a placard load of dangerous goods by road –(a) is broken down or otherwise immobilised, or has stopped, on a road; and(b) is a traffic hazard.(2) The driver must alert other road users of the hazard in accordance with Chapter 13 of the ADG Code.Penalty: Fine not exceeding 5 penalty units.
(1) This regulation applies if a vehicle transporting a placard load of dangerous goods by rail fails or is otherwise immobilised.(2) The driver must –(a) alert the person who is responsible for controlling railway traffic on the railway line; and(b) take all reasonable steps to ensure that a dangerous situation does not arise.Penalty: Fine not exceeding 5 penalty units.
161. Prime contractor's duty: road [13.2]
(1) If a vehicle transporting a placard load of dangerous goods by road is broken down or otherwise immobilised on a road, the prime contractor must, as soon as practicable, ensure that the vehicle is –(a) repaired so that it can be driven safely off the road; or(b) towed to a place where it can be repaired.Penalty: Fine not exceeding 15 penalty units.(2) The prime contractor must –if the risk involved in complying with paragraphs (a) and (b) is not greater than the risk involved in not complying with the paragraphs.(a) remove the dangerous goods from the vehicle before the vehicle is repaired or towed; and(b) transport the dangerous goods from the place of the breakdown –Penalty: Fine not exceeding 15 penalty units.
162. Prime contractor's duty: rail
If a vehicle transporting a placard load of dangerous goods by rail fails or is otherwise immobilised, the prime contractor must, as soon as practicable, take all appropriate steps to ensure that a dangerous situation does not arise.Penalty: Fine not exceeding 15 penalty units.
163. Powers of authorised officers [13.3]
(1) This regulation applies to a vehicle transporting a placard load of dangerous goods that is broken down or otherwise immobilised on a road or railway line.(2) An authorised officer may give directions to a person who is involved in the transport of the dangerous goods about how –(a) repair work is to be carried out on the vehicle; or(b) the vehicle is to be towed or pushed away; or(c) the dangerous goods are to be removed from the vehicle; or(d) the dangerous goods are to be dealt with after their removal from the vehicle.(3) The person must comply with the direction, unless the person has a reasonable excuse for not complying with it.Penalty: Fine not exceeding 15 penalty units.
Division 2 - General precautions
The driver of a vehicle transporting a placard load of dangerous goods by road must not allow anyone else to ride in the vehicle other than in accordance with Chapter 13 of the ADG Code.Penalty: Fine not exceeding 5 penalty units.
The driver of a vehicle transporting a placard load of dangerous goods by road must not park the vehicle, or leave the vehicle standing, in any place, whether public or private, unless the person complies with Chapter 13 of the ADG Code.Penalty: Fine not exceeding 10 penalty units.
166. Control of ignition sources [13.6]
(1) This regulation applies to a vehicle transporting dangerous goods in bulk –(a) of Class 2.1, 3, 4 or 5; or(b) with a Subsidiary Risk of 2.1, 3, 4 or 5.(2) If the vehicle is transporting the dangerous goods by road, a person who is driving the vehicle or a passenger on the vehicle must not –(a) have matches or a cigarette lighter in his or her possession in the vehicle; or(b) smoke in the vehicle.Penalty: Fine not exceeding 30 penalty units.(3) If the vehicle is transporting the dangerous goods by rail, the person who is in charge of loading or unloading the dangerous goods must do everything practicable to ensure that no source of ignition, other than materials handling equipment, is within 15 metres of the place of loading or unloading.Penalty: Fine not exceeding 30 penalty units.
167. Prime contractor's duty: rail
(1) A prime contractor must not cause or allow –(a) dangerous goods that have been transported by rail to be delivered to an unattended location; or(b) dangerous goods that have been transported by rail to be unloaded at an unattended location.Penalty: Fine not exceeding 30 penalty units.(2) For the purposes of this regulation, a location is taken to be unattended if –(a) the consignee of the goods or an agent or employee of the consignee is not present at the location to receive the goods; or(b) the prime contractor or an agent or employee of the prime contractor is not present at the location to safeguard the goods.
Division 3 - Routes, areas, vehicles and times
168. Determinations: routes, areas, vehicles and times [13.7]
A Competent Authority may determine –(a) that particular dangerous goods may only be transported by road or rail on a particular route, or in or through a particular area; and(b) that only a particular vehicle, or kind of vehicle, may transport particular dangerous goods by road or rail; and(c) that particular dangerous goods may only be transported by road or rail at a particular time; and(d) that unodourised LP Gas may only be transported by road or rail on a particular route, or in or through a particular area.
169. Prime contractor's duty [13.8]
A prime contractor must not use a vehicle to transport goods along a route, or in or through an area, contrary to a determination under regulation 168 .Penalty: Fine not exceeding 15 penalty units.
A person must not drive a vehicle transporting goods by road along a route, or in or through an area, contrary to a determination under regulation 168 .Penalty: Fine not exceeding 15 penalty units.
PART 14 - Emergencies
Division 1 - Emergencies generally
171. Driver's duty in dangerous incident [14.1]
(1) This regulation applies if a vehicle transporting dangerous goods by road or rail is involved in an incident resulting in a dangerous situation.(2) The driver of the vehicle must –(a) notify the police or fire service of the incident as soon as practicable; and(b) notify the prime contractor of the incident as soon as practicable; and(c) provide the reasonable assistance required by an authorised officer, or an officer of an emergency service, to deal with the situation.Penalty: Fine not exceeding 10 penalty units.
172. Prime contractor's duty in dangerous incident: rail
(1) This regulation applies if a train transporting dangerous goods by rail is involved in an incident resulting in a dangerous situation.(2) The prime contractor must –(a) notify the police or fire service of the incident as soon as practicable; and(b) notify the owner of the railway track of the incident as soon as practicable; and(c) provide the reasonable assistance required by an authorised officer, or an officer of an emergency service, to deal with the situation.Penalty: Fine not exceeding 10 penalty units.
173. Prime contractor's duty: contaminated food and food packaging [14.2]
(1) This regulation applies if an incident involving food or food packaging, and a vehicle transporting dangerous goods by road or rail, results in the possible contamination of the food or food packaging from the leakage, spillage or accidental escape of the dangerous goods, or a fire or explosion.(2) In the case of transport by rail, the food or food packaging must not be transported from the site of the incident, unless the Competent Authority gives written permission to the prime contractor to transport the food or food packaging from the site.Penalty: Fine not exceeding 30 penalty units.(3) If a Competent Authority gives the permission, the prime contractor must deal with the food or food packaging in accordance with the permission.Penalty: Fine not exceeding 30 penalty units.(4) A permission under subregulation (2) –(a) is to be in writing; and(b) is to state the name of the person to whom it is given; and(c) is to identify the relevant incident; and(d) is to identify the food or food packaging to which it relates; and(e) may contain such conditions as the Competent Authority considers necessary or expedient in the circumstances.
174. Prime contractors and drivers to inform Competent Authority [14.3]
(1) This regulation applies if a vehicle transporting dangerous goods by road or rail is involved in an incident resulting in a dangerous situation.(2) The prime contractor and the driver of the vehicle must each comply with subregulations (3) , (4) and (5) .Penalty: Fine not exceeding 15 penalty units.(3) As soon as practicable after the incident, the person must tell a Competent Authority about the incident, and provide details of –(a) where the incident happened; and(b) the time and date of the incident; and(c) the nature of the incident; and(d) the dangerous goods being transported when the incident happened.(4) Not later than 21 days after the day when the incident happens, the person must give the same Competent Authority a written report about the incident.(5) The report must provide details of –(a) where the incident happened; and(b) the time and date of the incident; and(c) the nature of the incident; and(d) what the person believes to be the likely cause of the incident; and(e) the dangerous goods being transported when the incident happened; and(f) the measures taken to control any leak, spill or accidental escape of dangerous goods, and any fire or explosion, arising out of the incident; and(g) the measures taken after the incident in relation to the dangerous goods involved in the incident.
Division 2 - Emergencies involving placard loads
175. Telephone advisory service: bulk transport [14.4]
(1) In this regulation –journey means the transport by road or rail of dangerous goods from where the goods are consigned to where the goods are delivered to the consignee;telephone advisory service, for the transport of dangerous goods, means a service providing access by telephone to persons competent to give advice about –(a) the construction and properties of the containers in which the dangerous goods are being transported; and(b) the use of equipment on vehicles on which the dangerous goods are being transported; and(c) the properties of the dangerous goods; and(d) methods of safely handling the dangerous goods; and(e) methods of safely containing and controlling the dangerous goods in a dangerous situation.(2) A prime contractor must not transport dangerous goods in bulk by road or rail unless a telephone advisory service is available during the journey.Penalty: Fine not exceeding 30 penalty units.(3) A person must not consign dangerous goods in bulk for transport by road or rail unless a telephone advisory service is available during the journey.Penalty: Fine not exceeding 30 penalty units.(4) A telephone advisory service may be provided by the prime contractor or consignor, or someone else for the prime contractor or consignor.
(1) In this regulation,emergency plan, for the transport of a placard load of dangerous goods by road or rail, means a written plan, for dealing with any dangerous situation arising from the transport of the goods, that is prepared having regard to any guidelines approved by the Ministerial Council or a Competent Authority.(2) A prime contractor must not transport a placard load of dangerous goods by road or rail unless the prime contractor has an emergency plan for the transport of the goods.Penalty: Fine not exceeding 30 penalty units.(3) A person must not consign a placard load of dangerous goods for transport by road or rail unless the person has an emergency plan for the transport of the goods.Penalty: Fine not exceeding 30 penalty units.
177. Consignor's duty: information and resources [14.6]
(1) This regulation applies if a vehicle transporting a placard load of dangerous goods by road or rail is involved in an incident resulting in a dangerous situation.(2) As soon as practicable after being asked by an authorised officer or an officer of an emergency service, the consignor of the goods must –(a) give the officer the information that the officer requires about –(i) the properties of the dangerous goods being transported; and(ii) safe methods of handling the goods; and(iii) safe methods of containing and controlling the goods in a dangerous situation; and(b) provide the equipment and other resources necessary –(i) to control the dangerous situation; and(ii) to contain, control, recover and dispose of dangerous goods that have leaked, spilled or accidentally escaped.Penalty: Fine not exceeding 15 penalty units.(3) If the prime contractor and the consignor of the goods are asked to give the same information or provide the same resources for the incident, it is sufficient if the prime contractor gives the information or provides the resources.
178. Prime contractor's duty: information and resources [14.7]
(1) This regulation applies if a vehicle transporting a placard load of dangerous goods by road or rail is involved in an incident resulting in a dangerous situation.(2) As soon as practicable after being asked by an authorised officer or an officer of an emergency service, the prime contractor must –(a) give the officer the information that the officer requires about –(i) the vehicle's construction and properties; and(ii) the vehicle's equipment, except any bulk container for which the prime contractor is not responsible; and(iii) in the case of transport by rail, the use of the prime contractor's equipment involved in the dangerous situation; and(b) provide the equipment and other resources necessary –(i) to control the dangerous situation; and(ii) to recover a vehicle involved in the situation or its equipment.Penalty: Fine not exceeding 15 penalty units.(3) If the prime contractor and the consignor of the goods are asked to give the same information or provide the same resources for the incident, it is sufficient if the consignor gives the information or provides the resources.
Division 3 - Powers of authorised officers in emergencies
179. Powers of authorised officers
(1) This regulation applies if a train transporting dangerous goods is involved in an incident resulting in a dangerous situation.(2) An authorised officer may give directions to the prime contractor or driver of the vehicle about –(a) the transport of the goods from the place of the incident; or(b) otherwise dealing with the goods.(3) Subject to subregulation (4) , the direction is to –(a) be in writing and signed by the authorised officer; and(b) state the name of the person to whom it is given; and(c) identify the incident; and(d) identify the dangerous goods to which it relates.(4) If it is not practicable to give the direction in writing, the direction may be given orally and confirmed in writing within 48 hours.(5) The person who is given a direction under this regulation must comply with the direction, unless the person has a reasonable excuse for not complying with it.Penalty: Fine not exceeding 15 penalty units.(6) The person does not commit an offence against these regulations by complying with the direction.
PART 15 - Mutual recognition
Division 1 - Registers of determinations, exemptions, approvals and licences
Each of the following registers is a register for these regulations:(a) the register of determinations kept under regulation 18 ;(b) the register of exemptions kept under regulation 190 ;(c) the register of approvals kept under regulation 204 ;(d) the register of bulk driver licences kept under regulation 244(1) ;(e) the register of bulk vehicle licences kept under regulation 244(2) .
181. Registers may be kept by computer [15.2]
(1) A register, or part of a register, under these regulations may be kept by computer.(2) An entry made by computer for a register is taken to be a record made in the register.
182. Inspection of registers [15.3]
(1) A Competent Authority must ensure that each register is available for inspection by corresponding Competent Authorities and the public.(2) A Competent Authority is taken to comply with subregulation (1) by ensuring that there is reasonable access to –(a) copies of information in a register; or(b) a computer terminal to inspect a register.
Division 2 - Recommendations by Competent Authority and corresponding Competent Authorities
183. Recommendations by Competent Authority [15.7]
(1) This regulation applies if a Competent Authority considers that a ground exists for a corresponding Competent Authority to do any of the following (in this regulation referred to as the "proposed action"):(a) revoke or vary a corresponding determination that is not a corresponding administrative determination;(b) cancel or vary a corresponding administrative determination;(c) cancel or vary a corresponding approval or exemption;(d) cancel, suspend or vary a corresponding bulk driver or vehicle licence.(2) The Competent Authority may recommend, in writing, that the corresponding Competent Authority take the proposed action.(3) The Competent Authority must provide written reasons to the corresponding Competent Authority for the recommendation.
184. Recommendations by corresponding Competent Authorities [15.8]
(1) This regulation applies if a corresponding Competent Authority recommends in writing to the Competent Authority that the Authority do any of the following:(a) revoke or vary a determination that is not an administrative determination;(b) cancel or vary an administrative determination;(c) cancel or vary an approval or exemption;(d) cancel, suspend or vary a bulk driver or vehicle licence.(2) The Competent Authority must –(a) if the recommendation is about a determination (except an administrative determination), exemption or approval that has effect in one or more other participating jurisdictions – refer the recommendation to the Panel; and(b) in any other case – have regard to the recommendation.
Division 3 - Mutual recognition of determinations, exemptions, approvals and licences
185. Corresponding determinations [15.9]
(1) This regulation applies to a determination made by a corresponding Competent Authority for another participating jurisdiction if –(a) the determination is made under a provision of the law of the other jurisdiction corresponding to a provision (in this regulation referred to as the "relevant provision") of any of the following regulations:(i) regulation 15 ;(ii) regulation 90 ;(iii) regulation 168 ; and(b) the determination is in force in the other jurisdiction; and(c) either of the following subparagraphs applies:(i) the Panel has decided that the determination should have effect in all participating jurisdictions or participating jurisdictions including this jurisdiction, the determination is recorded in the register kept under regulation 18 and the Panel has not reversed the decision;(ii) the determination was made on the application of a person and applies only to the person.(2) Except for circumstances that do not exist in this jurisdiction, the determination has effect in this jurisdiction as if it were a determination made by a Competent Authority under the relevant provision.
186. Corresponding exemptions [15.10]
(1) This regulation applies to an exemption granted by a corresponding Competent Authority for another participating jurisdiction if –(a) the exemption is granted for a provision of the law of the other jurisdiction corresponding to a provision (in this regulation referred to as the "relevant provision") of these regulations; and(b) the exemption is in force in the other jurisdiction; and(c) the Panel has decided that the exemption should have effect in all participating jurisdictions or participating jurisdictions including this jurisdiction, and has not reversed the decision.(2) Except for circumstances that do not exist in this jurisdiction, the exemption has effect in this jurisdiction as if it were an exemption granted by the Competent Authority under the relevant provision.
187. Corresponding approvals [15.11]
(1) This regulation applies to an approval given by a corresponding Competent Authority for another participating jurisdiction if –(a) the approval is given under a provision of the law of the other jurisdiction corresponding to a provision (in this regulation referred to as the "relevant provision") of any of the following regulations:(i) regulation 59 ;(ii) regulation 88 ;(iii) regulation 89 ;(iv) regulation 99 ;(v) regulation 128 ;(vi) regulation 144 ;(vii) regulation 153 ;(viii) regulation 258 ; and(b) the approval is in force in the other jurisdiction; and(c) the Panel has decided that the approval should have effect in all participating jurisdictions or participating jurisdictions including this jurisdiction, and has not reversed the decision.(2) Except for circumstances that do not exist in this jurisdiction, the approval has effect in this jurisdiction as if it were an approval given by a Competent Authority under the relevant provision.
188. Corresponding licences [15.12]
(1) This regulation applies to a licence granted by a corresponding Competent Authority for another participating jurisdiction if –(a) the licence is a licence granted under a provision of the law of the other jurisdiction corresponding to either of the following regulations (in this regulation referred to as the "relevant provision"):(i) regulation 219 ;(ii) regulation 229 ; and(b) the licence is in force in the other jurisdiction.(2) Except for circumstances that do not exist in this jurisdiction, the licence has effect in this jurisdiction as if it were a licence granted by a Competent Authority under the relevant provision.
PART 16 - Exemptions
Division 1 - General
189. Applications for exemptions [16.1]
(1) An application for an exemption is to –(a) be made in writing to a Competent Authority; and(b) be signed and dated by or for the applicant; and(c) state the applicant's name and address; and(d) state the name of the person to whom, or the name, or a description, of the class of people to which, the application relates; and(e) specify the provisions of these regulations, and of the ADG Code, to which the application relates; and(f) specify the dangerous goods to which the application relates; and(g) state why, in the applicant's opinion, compliance with the provisions is not reasonably practicable; and(h) state why, in the applicant's opinion, the exemption is not likely to involve a greater risk than the risk involved in complying with the provisions; and(i) if the application relates to a vehicle, equipment, packaging or other thing – describe the thing; and(j) state the period for which the exemption is sought; and(k) state the geographical area within which the exemption is sought.(2) The Competent Authority may, by written notice, require the applicant to give to the Authority any additional information necessary for a proper consideration of the application.
190. Register of exemptions [16.2]
(1) A Competent Authority must keep a register of exemptions.(2) The register may have separate divisions for different kinds of exemptions.(3) The Competent Authority must record in the register –(a) each exemption that it grants under the Act; and(b) each exemption granted by a corresponding Competent Authority that would be a corresponding exemption if it were recorded in the register.(4) The Competent Authority must note in the register –(a) the cancellation or variation of an exemption that it has granted under the Act; and(b) a decision of the Panel reversing a decision that a corresponding exemption should have effect in all participating jurisdictions or participating jurisdictions including this jurisdiction.
191. Records of exemptions [16.3]
The record of an exemption in the register is to include –(a) the provisions of the exemption; or(b) the following information:(i) if the exemption was notified in the Government Gazette of a participating jurisdiction (including this jurisdiction) – the title of the Gazette and the date of notification;(ii) the name of the person to whom, or the name, or a description, of the class of people to which, the exemption applies;(iii) the date when the exemption was granted;(iv) the provisions of these regulations, and of the ADG Code, to which the exemption relates;(v) the period for which the exemption is in force;(vi) the dangerous goods, equipment, packaging, vehicle or other thing to which the exemption relates.
Division 2 - Reference of matters to Panel
192. References to Panel [16.4]
(1) A Competent Authority must refer an application for an exemption to the Panel if the Authority considers that the exemption should have effect in all participating jurisdictions or participating jurisdictions including this jurisdiction.(2) A Competent Authority must refer to the Panel an exemption having effect in this jurisdiction, and one or more other participating jurisdictions, if –(a) the Authority considers that the exemption should be cancelled or varied; or(b) a corresponding Competent Authority recommends to the Authority in writing that the exemption should be cancelled or varied.
193. Effect of Panel decisions about applications [16.5]
(1) This regulation applies if –(a) an application for an exemption is referred to the Panel under regulation 192(1) ; and(b) the Panel decides –(i) that the exemption should be granted, what the provisions of the exemption should be, and that the exemption should have effect in all participating jurisdictions including this jurisdiction; or(ii) that the exemption should not have effect in this jurisdiction.(2) The Competent Authority must have regard to the Panel's decision.
194. Effect of Panel decisions about cancelling or varying exemptions [16.6]
(1) This regulation applies if –(a) an exemption is referred to the Panel under regulation 192(2) ; and(b) the Panel decides that the exemption –(i) should, or should not, be cancelled; or(ii) should be varied (whether or not the Panel's decision is the same as the variation proposed by the Authority), and should have effect as varied in all participating jurisdictions or participating jurisdictions including this jurisdiction; or(iii) should not be varied.(2) The Competent Authority must have regard to the Panel's decision.
PART 17 - Administrative determinations and approvals
Division 1 - General
(1) An application for an administrative determination or approval, or for variation of an administrative determination or approval, is to be made to a Competent Authority in writing.(2) However, an application for an approval, or variation of an approval, under regulation 144 may be made orally.(3) An application for variation of an administrative determination or written approval is to have the determination or approval with it.(4) The Competent Authority may, by written notice, require an applicant to give to the Authority any additional information necessary for a proper consideration of the application.
196. Form of administrative determinations and approvals [17.2]
(1) An administrative determination, or an approval made on written application, is to be in writing.(2) However, an approval made on oral application under regulation 144 may be given orally.
197. When administrative determinations and approvals not to be made, &c. [17.3]
A Competent Authority must not make an administrative determination on the application of, or give an approval under these regulations to, a person who is prohibited by a court order from involvement in the transport of dangerous goods by road or rail.
198. Reasons for refusal of applications [17.4]
(1) This regulation applies if a Competent Authority refuses an application to –(a) make or vary an administrative determination; or(b) grant or vary an approval under these regulations.(2) The Competent Authority must inform the applicant in writing of the refusal and of the reasons for the refusal.(3) However, if the Competent Authority refuses an oral application to vary an approval given under regulation 144 , the Authority may inform the applicant orally.
199. Periods and conditions [17.5]
(1) An administrative determination is made, and a written approval under these regulations is given, for the period stated in the determination or approval.(2) However, if an approval under regulation 144 is given orally, a Competent Authority may tell the applicant orally of the period for which the approval is given when the Authority gives the approval.(3) A condition to which an administrative determination, or a written approval, is subject is to be stated in the determination or approval.(4) However, if an approval under regulation 144 is given orally, a Competent Authority may tell the applicant orally of any condition when the Authority gives the approval.
200. Replacement administrative determinations and approvals [17.6]
A Competent Authority must issue to a person to whom an administrative determination applies, or an approval is given, a replacement determination or approval if –(a) the determination or approval is varied; or(b) the Authority is satisfied that the determination or approval has been defaced, destroyed, lost or stolen.
201. Failure to comply with conditions [17.7]
A person to whom an administrative determination applies, or an approval is given, must not contravene a condition of the determination or approval.Penalty: Fine not exceeding 15 penalty units.
202. Grounds for cancelling administrative determinations and approvals [17.8]
(1) An administrative determination or approval may be cancelled if the application for the determination or approval –(a) did not comply with these regulations; or(b) was false or misleading in a material respect.(2) An administrative determination or approval may be cancelled if –(a) a relevant change has happened since the determination was made or the approval was given; and(b) had the change happened earlier –(i) the determination would not have been made; or(ii) the approval would not have been given.(3) An administrative determination or approval may also be cancelled if the person on whose application the determination was made, or to whom the approval was given, is unsuitable to continue to be a person to whom the determination applies, or the approval was given, because the person has contravened –(a) a provision of the Act or these regulations; or(b) a provision of the law in force in another participating jurisdiction corresponding to a provision mentioned in paragraph (a) .(4) In subregulation (2) ,relevant change means a change about something that a Competent Authority may or must consider in deciding whether to make the determination or give the approval.
203. Grounds for varying administrative determinations and approvals [17.9]
(1) An administrative determination or approval may be varied if the application for the determination or approval –(a) did not comply with these regulations; or(b) was false or misleading in a material respect.(2) An administrative determination or approval may be varied if –(a) a relevant change has happened since the determination was made or the approval was given; and(b) had the change happened earlier –(i) the determination would have been made in the way in which it is proposed to be varied; or(ii) the approval would have been given in the way in which it is proposed to be varied.(3) An administrative determination or approval may also be varied if the person on whose application the determination was made, or to whom the approval was given, is unsuitable to continue to be a person to whom the determination applies, or the approval was given, without variation because the person has contravened –(a) a provision of the Act or these regulations; or(b) a provision of the law in force in another participating jurisdiction corresponding to a provision mentioned in paragraph (a) .(4) In subregulation (2) ,relevant change means a change about something that a Competent Authority may or must consider in deciding whether to make the determination or give the approval.
Division 2 - Register of approvals
(1) A Competent Authority must keep a register of approvals.(2) The register may have separate divisions for different kinds of approvals.(3) The Competent Authority must record in the register –(a) each approval that it gives in writing under these regulations; and(b) each approval given in writing by a corresponding Competent Authority that would be a corresponding approval if it were recorded in the register.(4) The Competent Authority must note in the register –(a) the cancellation or variation of a written approval that it has given; and(b) a decision of the Panel reversing a decision that a corresponding approval should have effect in all participating jurisdictions or participating jurisdictions including this jurisdiction.
205. Records of approvals [17.11]
The record of an approval in the register is to include –(a) the provisions of the approval; or(b) the following information:(i) the name of the person to whom the approval was given;(ii) the date when the approval was given;(iii) the provisions of these regulations, and of the ADG Code, to which the approval relates;(iv) the period for which the approval is in force;(v) the dangerous goods, equipment, packaging, vehicle or other thing to which the approval relates.
Division 3 - Reference of approval matters to Panel
206. References to Panel [17.12]
(1) A Competent Authority must refer an application for an approval to the Panel if the Authority considers that the approval should have effect in all participating jurisdictions or participating jurisdictions including this jurisdiction.(2) A Competent Authority must refer to the Panel an approval having effect in this jurisdiction, and one or more other participating jurisdictions, if –(a) the Authority considers that the approval should be cancelled or varied; or(b) a corresponding Competent Authority recommends to the Authority in writing that the approval should be cancelled or varied.
207. Effect of Panel decisions about applications [17.13]
(1) This regulation applies if –(a) an application for an approval is referred to the Panel under regulation 206(1) ; and(b) the Panel decides –(i) that the approval should be given, what the provisions of the approval should be, and that the approval should have effect in all participating jurisdictions or participating jurisdictions including this jurisdiction; or(ii) that the approval should not have effect in this jurisdiction.(2) The Competent Authority must have regard to the Panel's decision.
208. Effect of Panel decisions about cancelling or varying approvals [17.14]
(1) This regulation applies if –(a) an approval is referred to the Panel under regulation 206(2) ; and(b) the Panel decides that the approval –(i) should, or should not, be cancelled; or(ii) should be varied (whether or not the Panel's decision is the same as the variation proposed by the Authority), and should have effect as varied in all participating jurisdictions or in participating jurisdictions including this jurisdiction; or(iii) should not be varied.(2) The Competent Authority must have regard to the Panel's decision.
PART 18 - Licences
Division 1 - Preliminary
209. Application of Part [18.1]
(1) This Part does not apply to the transport by road of dangerous goods in bulk on a vehicle if –(a) the goods are transported in an IBC; and(b) the IBC is not filled or emptied on the vehicle; and(c) the total capacity of IBCs on the vehicle is not more than 3 000 litres.(2) This Part does not apply to the transport of dangerous goods by rail.
210. Part additional to other laws [18.2]
This Part is in addition to any other law in force in this jurisdiction about –(a) the licensing of drivers; or(b) the employment or engaging of drivers; or(c) the registration of vehicles; or(d) the transport of goods by road.
Division 2 - Principal duties under Part
211. Prime contractor's duty [18.3]
(1) If a prime contractor uses a vehicle to transport dangerous goods by road in bulk, other than as the driver of the vehicle, the vehicle must be licensed under this Part to transport the goods.(2) If a prime contractor employs, engages or permits another person to drive a vehicle transporting dangerous goods by road in bulk, the other person must be licensed under this Part to drive the vehicle.
(1) If a person drives a vehicle transporting dangerous goods by road in bulk, the vehicle must be licensed under this Part to transport the goods.(2) If a person drives a vehicle transporting dangerous goods by road in bulk, the person must be licensed under this Part to drive the vehicle.(3) If a person drives a vehicle containing Class 1 dangerous goods above the quantities prescribed in risk category 3 of the AE Code, the person must be licensed under this Part to drive the vehicle.
A person must not consign dangerous goods in bulk for transport by road on a vehicle if the person knows, or reasonably ought to know, that the vehicle is not licensed under this Part to transport the goods.Penalty: Fine not exceeding 30 penalty units.
Division 3 - Bulk driver licences
214. Meaning of "licence" and "licensee" in Division [18.6]
In this Division –licence means a bulk driver licence;licensee means the holder of a licence.
215. Required driving licence evidence [18.7]
(1) [Regulation 215 Subregulation (1) amended by S.R. 2000, No. 128, Applied:14 Aug 2000] The following documents are required as driver licence evidence for an application for grant or renewal of a licence:(a) [Regulation 215 Subregulation (1) amended by S.R. 2000, No. 128, Applied:14 Aug 2000] a copy of the applicant's driver licence;(b) either –(i) the 2 documents mentioned in subregulation (2) ; or(ii) the authorisation mentioned in subregulation (3) .(2) For subregulation (1)(b)(i) , the following 2 documents are required:(a) [Regulation 215 Subregulation (2) amended by S.R. 2000, No. 128, Applied:14 Aug 2000] a current certified extract of entries about the applicant in the register of driver licences kept by the licensing authority of each jurisdiction where the applicant is licensed to drive;(b) a copy of the records of any conviction of the applicant for a driving offence certified by the appropriate authority of the jurisdiction where the applicant was convicted.(3) For subregulation (1)(b)(ii) , authorisation by the applicant is required for a Competent Authority to have access to –(a) [Regulation 215 Subregulation (3) amended by S.R. 2000, No. 128, Applied:14 Aug 2000] entries in the register of driver licences about the applicant; and(b) records of any conviction of the applicant for a driving offence.(4) For subregulation (2)(a) , a current certified extract is an extract certified by the licensing authority not more than 6 months before the day when the application is made.
216. Required competency evidence [18.8]
(1) A document mentioned in subregulation (2) is required as competency evidence for an application for grant or renewal of a licence.(2) The document is to be either –not more than 6 months before the day when the application is made.(a) a test or training certificate issued to the applicant; or(b) other written evidence that the applicant passed an approved test or completed an approved training course –
217. Required medical fitness evidence [18.9]
(1) The certificate mentioned in subregulation (2) is required as medical fitness evidence for an application for grant or renewal of a licence.(2) The certificate is to be –(a) about the fitness of the applicant to drive a vehicle; and(b) issued by a registered medical practitioner who, not more than 6 months before the day when the application is made, examined and passed the applicant in accordance with the required standard.(3) For subregulation (2) , the required standard is the Medical Examinations of Commercial Vehicle Drivers published by the Federal Office of Road Safety and the National Road Transport Commission.
218. Applications for licences [18.10]
(1) A person who is not already the holder of a licence or a corresponding bulk driver licence may apply to a Competent Authority for a licence.(2) The application is to be accompanied by –(a) [Regulation 218 Subregulation (2) amended by S.R. 2000, No. 128, Applied:14 Aug 2000] the driver licence evidence required by regulation 215 ; and(b) the competency evidence required by regulation 216 ; and(c) the medical fitness evidence required by regulation 217 ; and(d) 2 recent passport-size photographs of the applicant; and(e) if a fee is prescribed for the application – the prescribed fee.
219. Grant of licences [18.11]
(1) A Competent Authority must grant a licence if –(a) an application is made to the Authority for the licence; and(b) the application is accompanied by the documents required by regulation 218 and otherwise complies with the regulation; and(c) the applicant is at least 21 years old.(2) However, the Competent Authority must not grant the licence if –(a) in the 5 years before the day when the application is made –(i) the applicant has been found guilty by a court in Australia of an offence that makes the applicant unsuitable to be the driver of a vehicle transporting dangerous goods in bulk; or(ii) [Regulation 219 Subregulation (2) amended by S.R. 2000, No. 128, Applied:14 Aug 2000] the applicant's driver licence has been cancelled or suspended on a ground that makes the applicant unsuitable to be the driver of a vehicle transporting dangerous goods in bulk; or(b) the applicant is subject to a court order prohibiting the applicant from involvement in the transport of dangerous goods by road.(3) If a Competent Authority refuses to grant a licence, the Authority must inform the applicant in writing of the refusal and of the reasons for the refusal.
220. Applications for renewal of licences [18.12]
(1) A person who holds a licence may apply to the Competent Authority that issued the licence for renewal of the licence.(2) The application must be accompanied by –(a) [Regulation 220 Subregulation (2) amended by S.R. 2000, No. 128, Applied:14 Aug 2000] the driver licence evidence required by regulation 215 ; and(b) the competency evidence required by regulation 216 ; and(c) the medical fitness evidence required by regulation 217 ; and(d) 2 recent passport-size photographs of the applicant; and(e) if a fee is prescribed for the application – the prescribed fee.
221. Renewal of licences [18.13]
(1) A Competent Authority must renew a licence it has granted if –(a) an application is made to the Authority for renewal of the licence; and(b) the application is accompanied by the documents required by regulation 220 and otherwise complies with the regulation.(2) However, the Competent Authority must not renew the licence if –(a) while the licence was in force –(i) the applicant was found guilty by a court in Australia of an offence that makes the applicant unsuitable to be the driver of a vehicle transporting dangerous goods in bulk; or(ii) [Regulation 221 Subregulation (2) amended by S.R. 2000, No. 128, Applied:14 Aug 2000] the applicant's driver licence was cancelled on a ground that makes the applicant unsuitable to be the driver of a vehicle transporting dangerous goods in bulk; or(b) the applicant is subject to a court order prohibiting the applicant from involvement in the transport of dangerous goods by road.(3) If a Competent Authority refuses to renew a licence, the Authority must inform the applicant in writing of the refusal and of the reasons for the refusal.
(1) A licence is granted for the period of not longer than 3 years stated in the licence.(2) A licence takes effect on the day when the licence is granted.(3) A licence is renewed for the period of not longer than 3 years stated in the renewed licence.
223. Licence conditions [18.15]
(1) A Competent Authority may grant or renew a licence subject to conditions mentioned in subregulations (3) and (4) .(2) A condition to which the licence is subject must be stated in the licence.(3) The licence may be subject to conditions about –(a) the dangerous goods that may or may not be transported in or on a vehicle driven by the licensee; and(b) the containers that may or may not be used to transport dangerous goods in or on a vehicle driven by the licensee; and(c) the vehicles or classes of vehicles that may be driven by the licensee in transporting dangerous goods; and(d) the areas where the licensee may or may not drive a vehicle transporting dangerous goods or particular dangerous goods; and(e) the supervision of the licensee when driving a vehicle transporting dangerous goods; and(f) the medical examinations required to be undergone by the licensee in accordance with the standard mentioned in regulation 217(3) .(4) The licence may also be subject to any other condition necessary for the safe transport by road of dangerous goods in bulk.
224. Additional condition [18.16]
It is a condition of a licence that a Competent Authority may, by written notice given to a licensee at least 2 months before an anniversary of the day when the licence was granted, require the licensee to produce to the Authority the medical fitness evidence that would be required by regulation 217 if the licensee were to apply for renewal of the licence on the anniversary.
225. Grounds for cancelling, suspending or varying licences [18.17]
(1) A licence may be cancelled, suspended or varied if the application for the licence or an application for its renewal –(a) did not comply with these regulations; or(b) was false or misleading in a material respect.(2) A licence may also be cancelled, suspended or varied if the licensee is unsuitable to continue to be the driver of a vehicle transporting dangerous goods in bulk because –(a) the licensee has contravened –(i) a provision of the Act or these regulations; or(ii) a provision of the law in force in another participating jurisdiction corresponding to a provision mentioned in subparagraph (i) ; or(b) the licensee has been found guilty by a court in Australia of an offence that makes the licensee unsuitable to be the driver of a vehicle transporting dangerous goods in bulk; or(c) [Regulation 225 Subregulation (2) amended by S.R. 2000, No. 128, Applied:14 Aug 2000] the licensee's driver licence is cancelled; or(d) the licensee is suffering from a medical condition or has a physical or mental disability.
Division 4 - Bulk vehicle licences
226. Meaning of "licence" and "licensee" in Division [18.18]
In this Division –licence means a bulk vehicle licence;licensee means the holder of a licence;vehicle does not include a prime mover or converter dolly.
227. Applications for licences [18.19]
(1) A person may apply to a Competent Authority for a licence for a vehicle –(a) used, or intended to be used, in transporting dangerous goods by road in bulk; and(b) for which the person does not hold a licence.(2) The application is to include the following information:(a) the registration number, make and type of the vehicle;(b) the type of dangerous goods intended to be transported in or on the vehicle;(c) if the applicant holds a licence for another vehicle – the number of the licence.(3) If a fee is prescribed for the application, the application must be accompanied by the prescribed fee.(4) An application may be made for 2 or more vehicles in the same form.
228. Additional information and inspections [18.20]
(1) A Competent Authority may, by written notice, require an applicant for a licence, or for renewal of a licence, for a vehicle –(a) to give to the Authority, or to someone nominated by the Authority, any additional information necessary for a proper consideration of the application; and(b) to make the vehicle available for inspection by the Authority, or by someone nominated by the Authority.(2) A person who inspects a vehicle for a Competent Authority must give a report of the inspection to the applicant as soon as practicable after the inspection.(3) The applicant must give a copy of the report to the Competent Authority within 14 days after being given the report.Penalty: Fine not exceeding 5 penalty units.
229. Grant of licences [18.21]
(1) Subject to subregulation (4) , a Competent Authority must grant a licence for a vehicle if –(a) an application is made to the Authority for the licence; and(b) the application complies with regulation 227 ; and(c) the applicant has complied with any requirement made under regulation 228 in relation to the application; and(d) the vehicle is suitable to transport by road in bulk each type of dangerous goods intended to be transported in or on the vehicle.(2) Without limiting subregulation (1)(d) , a vehicle to which this subregulation applies is suitable only if –(a) the tank forming part of, or attached or intended to be attached to, the vehicle is an approved tank; and(b) the vehicle complies with the requirements of Chapter 4 of the ADG Code applying to a vehicle for use in transporting by road dangerous goods in the form of liquid or gas.(3) Subregulation (2) applies to a vehicle –(a) intended for use in the transport by road of dangerous goods in bulk in the form of liquid or gas; and(b) of which a tank forms part, or to which a tank is attached or intended to be attached.(4) However, the Competent Authority must not grant the licence if the applicant is subject to a court order prohibiting the applicant from involvement in the transport of dangerous goods by road.(5) The Competent Authority may issue a single licence to an applicant for a licence for more than one vehicle.(6) If a Competent Authority refuses to grant a licence, the Authority must inform the applicant in writing of the refusal and of the reasons for the refusal.
230. Applications for renewal of licences [18.22]
(1) A person who holds a licence for a vehicle may apply to the Competent Authority that granted the licence for renewal of the licence.(2) The application must include the information required under regulation 227(2) for an application for the grant of a licence for the vehicle.(3) If a fee is prescribed for the application, the application must be accompanied by the prescribed fee.
231. Renewal of licences [18.23]
(1) Subject to subregulation (4) , a Competent Authority must renew a licence for a vehicle if –(a) an application is made to the Authority for renewal of the licence; and(b) the application complies with regulation 230 ; and(c) the applicant has complied with any requirement made under regulation 228 in relation to the application; and(d) the vehicle is suitable to transport by road each type of dangerous goods in bulk intended to be transported in or on the vehicle.(2) Without limiting subregulation (1)(d) , a vehicle to which this subregulation applies is suitable only if –(a) the tank forming part of, or attached or intended to be attached to, the vehicle is an approved tank; and(b) the vehicle complies with the requirements of Chapter 4 of the ADG Code applying to a vehicle for use in transporting by road dangerous goods in the form of liquid or gas.(3) Subregulation (2) applies to a vehicle –(a) intended for use in the transport by road of dangerous goods in bulk in the form of liquid or gas; and(b) of which a tank forms a part, or to which a tank is attached or intended to be attached.(4) However, the Competent Authority must not renew the licence if the applicant is subject to a court order prohibiting the applicant from involvement in the transport of dangerous goods by road.(5) The Competent Authority may issue a single licence to an applicant in respect of more than one vehicle and may renew any such licence.(6) If a Competent Authority refuses to renew a licence, the Authority must inform the applicant in writing of the refusal and of the reasons for the refusal.
(1) A licence is granted for the period of not longer than 3 years stated in the licence.(2) A licence takes effect on the day when the licence is granted.(3) A licence is renewed for the period of not longer than 3 years stated in the renewed licence.
233. Licence conditions [18.25]
(1) A Competent Authority may grant or renew a licence subject to conditions mentioned in subregulations (3) and (4) .(2) A condition to which the licence is subject must be stated in the licence.(3) The licence may be subject to conditions about –(a) the dangerous goods that may or may not be transported in or on the vehicle; and(b) the areas where the vehicle may or may not be used to transport dangerous goods or particular dangerous goods; and(c) the inspections of the vehicle, if any, that are required.(4) The licence may also be subject to any other condition necessary for the safe transport by road of dangerous goods in bulk.
234. Disposal of licensed vehicles [18.26]
(1) As soon as practicable after selling or otherwise disposing of a licensed vehicle (in this regulation referred to as the "disposed vehicle"), the licensee must give notice of the disposal to the Competent Authority, that granted the licence, with the licence attached.Penalty: Fine not exceeding 5 penalty units.(2) The Competent Authority must –(a) if the licence for the disposed vehicle also relates to another vehicle –(i) amend the licence by omitting reference to the disposed vehicle; and(ii) return the licence to the licensee; and(b) if paragraph (a) does not apply – revoke the licence.
235. Grounds for cancelling, suspending or varying licences [18.27]
(1) A licence may be cancelled, suspended or varied if the application for the licence or an application for its renewal –(a) did not comply with these regulations; or(b) was false or misleading in a material respect.(2) A licence for a vehicle may also be cancelled, suspended or varied if the vehicle does not comply with the Act or these regulations.
(1) A Competent Authority that grants a licence must issue to the holder of a licence a licence label for each vehicle to which the licence relates.(2) A person must not drive a vehicle transporting dangerous goods in bulk by road unless a current licence label for the vehicle is attached to the vehicle in a conspicuous place.Penalty: Fine not exceeding 5 penalty units.(3) A prime contractor must not transport dangerous goods in bulk by road in a vehicle unless a current licence label for the vehicle is attached to the vehicle in a conspicuous place.Penalty: Fine not exceeding 5 penalty units.(4) A licence label must be capable of being securely attached to the vehicle.
Division 5 - Carriage and production of bulk driver licences
237. Meaning of "licence" and "licensee" in Division [18.29]
In this Division –licence means a bulk driver licence;licensee means the holder of a licence.
238. Licences to be carried [18.30]
A licensee must carry his or her licence at all times when driving a vehicle transporting dangerous goods in bulk by road.Penalty: Fine not exceeding 5 penalty units.
239. Licences to be produced for inspection [18.31]
The driver of a vehicle transporting dangerous goods in bulk by road must produce his or her licence for inspection by an authorised officer, if the officer asks the driver to produce the licence for inspection.Penalty: Fine not exceeding 5 penalty units.
Division 6 - Licences generally
240. Meaning of "licence" and "licensee" in Division [18.32]
In this Division –licence means a bulk driver or bulk vehicle licence;licensee means the holder of a licence.
241. Replacement licences and licence labels [18.33]
(1) A Competent Authority may issue a replacement licence to a licensee if –(a) the licence is renewed; or(b) the licence is varied; or(c) a period of suspension of the licence ends.(2) A Competent Authority must issue a replacement licence or licence label to a licensee if the Authority is satisfied that the licence or label has been defaced, destroyed, lost or stolen.
242. Failure to comply with licence conditions [18.34]
A licensee must not contravene a condition of his or her licence.Penalty: Fine not exceeding 30 penalty units.
243. Surrender of licences [18.35]
(1) A licensee may surrender his or her licence by giving notice of surrender to the Competent Authority that granted the licence and returning the licence to that Authority.(2) A licence ceases to be in force on its surrender.
244. Registers of licences [18.36]
(1) A Competent Authority must keep a register of bulk driver licences.(2) A Competent Authority must keep a register of bulk vehicle licences.(3) A register may have separate divisions for different kinds of licences.(4) The Competent Authority must record each licence granted under these regulations in the appropriate register.(5) The Competent Authority must note in the register the cancellation, surrender, suspension or variation of a licence.
245. Records of licences [18.37]
The record of a licence in the register must include the following information:(a) the name of the licensee;(b) the date when the licence was granted or renewed;(c) the period for which the licence was granted or renewed;(d) for a bulk driver licence – the licensee's date of birth;(e) for a bulk vehicle licence – the registration number, make and type of each vehicle to which the licence relates;(f) any condition to which the licence is subject.
246. Change of information given in licence applications [18.38]
(1) This regulation applies if a licensee becomes aware that information given by the licensee to a Competent Authority in, or in relation to, an application for the grant or renewal of a licence is or has become incorrect in a material respect.(2) Within 14 days after becoming aware of the matter, the licensee must inform the Competent Authority about the matter and give the correct information to the Authority.Penalty: Fine not exceeding 5 penalty units.
247. Production of licences to Competent Authority [18.39]
(1) A Competent Authority may, by written notice, require a person to whom a licence has been granted to produce the licence to the Authority.(2) The person must produce the licence to the Competent Authority within 14 days after the day when the notice is given to the person.Penalty: Fine not exceeding 5 penalty units.
248. Seizure of licences, &c. [18.40]
(1) An authorised officer to whom a licence is produced for inspection may seize the licence if the officer reasonably believes –(a) the licence has been cancelled or suspended; or(b) the licence period has ended; or(c) the licence has been varied and the variation is not recorded on the licence; or(d) the person who produces the licence is not the licensee.(2) An authorised officer to whom a document that appears to be a licence is produced for inspection may seize the document if the officer reasonably believes that the document is not a licence.(3) An authorised officer must give a seized licence or document to the Competent Authority that was purported to have granted the licence.
249. Return of licences [18.41]
(1) This regulation applies if a licence is produced to a Competent Authority or given to a Competent Authority by an authorised officer.(2) If the licence has not been cancelled and is not suspended, the Competent Authority must return the licence after inspecting it.(3) If the licence has been suspended, the suspension has ended and a replacement licence is not issued, the Competent Authority must return the licence to the licensee.(4) If the licence has been varied, the variation is recorded on the licence and a replacement licence is not issued, the Competent Authority must return the licence to the licensee.(5) However, if the licence period has ended, the Competent Authority is not required to return the licence to the licensee.
PART 19 - Cancellation, suspension and variation
250. Meaning of "licence" and "licensee" in Part [19.1]
In this Part –licence means a bulk driver or bulk vehicle licence;licensee means the holder of a licence.
251. Cancellation, suspension and variation in dangerous situations [19.2]
(1) This regulation applies if a Competent Authority reasonably believes that –(a) a ground exists to –(i) cancel or vary an administrative determination or approval; or(ii) cancel, suspend or vary a licence; and(b) it is necessary to take action mentioned in paragraph (a) to avoid, eliminate or minimise a dangerous situation.(2) The Competent Authority must –(a) cancel or vary the determination or approval; or(b) cancel, suspend or vary the licence.
252. Cancellation and suspension giving effect to court orders [19.3]
A Competent Authority must cancel an administrative determination, or cancel or suspend a licence, if the person to whom the determination applies, or the licensee, is prohibited by a court order from involvement in the transport of dangerous goods by road or rail.
253. Variation of administrative determinations and approvals on application [19.4]
(1) This regulation applies if –(a) an application is made to vary an administrative determination, approval or licence; and(b) for an administrative determination or approval – the application is made in accordance with regulation 195 by the person to whom the determination applies or the approval is given; and(c) for a licence – the application is made by the licensee and has the licence with it.(2) The Competent Authority may vary the determination, approval or licence in accordance with the application.
254. Cancellation, suspension and variation in other circumstances [19.5]
(1) This regulation applies if –(a) a Competent Authority considers that a ground exists to do any of the following (in this regulation referred to as the "proposed action"):(i) cancel an administrative determination or approval;(ii) cancel or suspend a licence;(iii) vary an administrative determination, approval or licence; and(b) regulations 251 , 252 and 253 do not apply to the proposed action.(2) The Competent Authority must give to the person to whom the determination applies or the approval was given, or the licensee, a written notice that –(a) states the proposed action; and(b) if the proposed action is to vary the determination, approval or licence – states the proposed variation; and(c) if the proposed action is to suspend the licence – states a proposed suspension period of not longer than 12 months; and(d) states the ground for the proposed action; and(e) outlines the facts and other circumstances forming the basis for the ground; and(f) invites the person to state in writing, within a stated time of at least 28 days after the day when the notice is given to the person, why the proposed action should not be taken.(3) If, after considering any written statement made within the stated time, the Competent Authority reasonably believes that a ground exists to take the proposed action, the Authority may –(a) if the proposed action is to cancel the determination or approval – cancel or vary the determination or approval; or(b) if the proposed action is to cancel the licence – cancel or vary the licence or suspend it for not longer than 12 months; or(c) if the proposed action is to suspend the licence for a stated period – suspend the licence for not longer than the stated period; or(d) if the proposed action is to vary the determination, approval or licence in a stated way – vary the determination, approval or licence in that way.(4) However, the Competent Authority may cancel or vary an oral approval given under regulation 144 by informing the person to whom the approval was given orally of the cancellation or variation and of the reasons for the cancellation or variation.
255. When cancellation, suspension and variation take effect [19.6]
(1) The cancellation, suspension or variation of an administrative determination, approval (except an oral approval given under regulation 144 ) or licence by a Competent Authority takes effect on –(a) the day when the person to whom the determination applies or the approval was given, or the licensee, is given written notice by the Authority of the cancellation, suspension or variation and of the reasons for the cancellation, suspension or variation; or(b) a later day stated in the notice.(2) The cancellation or variation of an oral approval given under regulation 144 by a Competent Authority takes effect on –(a) the day when the person to whom the approval was given is informed orally, or given written notice, by the Authority of the cancellation or variation and of the reasons for the cancellation or variation; or(b) a later day of which the person is informed orally or in the notice.
256. When licences taken to be suspended [19.7]
(1) [Regulation 256 Subregulation (1) amended by S.R. 2000, No. 128, Applied:14 Aug 2000] A person's bulk driver licence is taken to be suspended if the person's driver licence is not in force.(2) A person's bulk vehicle licence for a vehicle is taken to be suspended in relation to the vehicle if the vehicle is not registered.
PART 20 - Instruction and training
257. Instruction and training [20.1]
(1) This regulation applies to any task involved in the transport of dangerous goods by road or rail, including the following:(a) packing dangerous goods or marking packaged dangerous goods and unit loads;(b) consigning dangerous goods;(c) loading dangerous goods into or onto a vehicle, or into a container to be put in or on a vehicle;(d) unloading dangerous goods;(e) separating or segregating dangerous goods;(f) placarding containers and vehicles in or on which dangerous goods are transported;(g) shunting and marshalling rail wagons;(h) preparing shipping documentation;(i) maintaining vehicles and equipment used in the transport of dangerous goods;(j) driving a vehicle transporting dangerous goods;(k) being the consignee of dangerous goods;(l) following the appropriate procedures in accordance with these regulations in a dangerous situation.(2) A person who is responsible for management or control of the task must not employ, engage or permit someone else to perform the task unless the other person –(a) has received, or is receiving, appropriate instruction and training to ensure that he or she is able to perform the task safely and in accordance with these regulations; and(b) is appropriately supervised in performing the task to ensure that he or she is able to perform the task safely and in accordance with these regulations.Penalty: Fine not exceeding 30 penalty units.
258. Approvals: tests and training courses for drivers [20.2]
(1) A Competent Authority may, on application made in accordance with regulation 195 , approve –(a) a test of competence for drivers of vehicles transporting dangerous goods in bulk by road; or(b) a training course for drivers of vehicles transporting dangerous goods in bulk by road.(2) A Competent Authority may approve a test of competence only if the Authority considers that a person who passes the test, or completes the course, will have the skills and knowledge to perform the task to which the test or course relates safely and in accordance with these regulations.
PART 21 - Infringement notices
This Part does not apply to the transport of dangerous goods by rail.
260. Offences, penalties and time for payment [21.1]
(1) If an authorised officer reasonably believes that a person has committed an offence created by a provision mentioned in column 2 of Schedule 2 , the officer may serve an infringement notice on the person for the offence.(2) The penalty payable under the infringement notice by the person for the offence is a fine of an amount equal to the penalty units specified –(a) for a penalty payable by an individual – in column 3 of Schedule 2 for the offence; and(b) for a penalty payable by a body corporate – in column 4 of Schedule 2 for the offence.(3) The time within which the penalty must be paid is –(a) 28 days after the day when the notice is served on the person; or(b) if a reminder notice is given to the person – 28 days after the reminder notice is served on the person; or(c) a longer time that may be allowed in writing by a Competent Authority.
261. Contents of infringement notices [21.2]
An infringement notice served by an authorised officer on a person for an offence is to –(a) be identified by a unique number; and(b) specify the date of service of the notice; and(c) specify the full name, or surname and initials, and address of the person; and(d) give brief details of the offence, including –(i) the date and approximate time of the offence; and(ii) where the offence happened; and(iii) the provision of these regulations contravened; and(e) specify the penalty for the offence payable under the notice; and(f) specify the place where, and any method by which, the penalty may be paid; and(g) specify the relevant Competent Authority's name and address; and(h) contain the additional information required by regulation 262 ; and(i) be signed by the authorised officer.
262. Additional information in infringement notices [21.3]
The infringement notice is to inform the person that –(a) the person may pay the penalty specified in the notice –(i) by posting or delivering the payment to the place of payment specified in the notice; or(ii) in any other way specified in the notice; and(b) if the person pays the penalty within 28 days after the day when the notice is served on the person or any longer time allowed in writing by the authorised officer, the person is not to be prosecuted in court for the offence, unless the notice is withdrawn; and(c) if the person does not pay the penalty within that time, the person may be prosecuted in court for the offence; and(d) if the person wishes a court to decide whether he or she is guilty of the offence, the person must notify the relevant Competent Authority accordingly in writing within 28 days after the day when the notice is served on the person; and(e) if the person notifies the relevant Competent Authority in writing of that wish within the 28 days –(i) the infringement notice may be withdrawn; and(ii) he or she may be prosecuted in court for the offence; and(f) if the person is prosecuted in court and found guilty of the offence, the person may be convicted of the offence and ordered to pay a penalty and costs, and be subject to any other order that the court makes.
(1) If an infringement notice is served by an authorised officer on a person for an offence and the penalty specified in the notice is not paid within 28 days after the day when the notice is served on the person, a Competent Authority may give a reminder notice to the person.(2) The reminder notice is to –(a) include the information mentioned in paragraphs (a) , (b) , (c) , (d) , (e) , (f) , (g) and (h) of regulation 261 ; and(b) contain the additional information required by regulation 264 ; and(c) be signed by the Competent Authority.
264. Additional information in reminder notices [21.5]
The reminder notice is to inform the person that –(a) the time for payment of the penalty specified in the infringement notice has been extended; and(b) the person may pay the penalty specified in the infringement notice –(i) by posting or delivering the payment to the place of payment specified in the notice; or(ii) in any other way specified in the notice; and(c) if the person pays the penalty within 28 days after the day when the reminder notice is served on the person or any longer time allowed in writing by the Competent Authority, the person is not to be prosecuted in court for the offence, unless the infringement notice is withdrawn; and(d) if the person does not pay the penalty within that time, the person may be prosecuted in court for the offence; and(e) if the person wishes a court to decide whether he or she is guilty of the offence, the person must notify the relevant Competent Authority in writing within 28 days after the day when the reminder notice is given to the person; and(f) if the person notifies the relevant Competent Authority in writing of that wish within the 28 days –(i) the infringement notice may be withdrawn; and(ii) he or she may be prosecuted in court for the offence; and(g) if the person is prosecuted in court and found guilty of the offence, the person may be convicted of the offence and ordered to pay a penalty and costs, and be subject to any other order that the court makes.
265. Withdrawal of infringement notices [21.6]
(1) A notice withdrawing an infringement notice served on a person for an offence is to –(a) include the following information:(i) the full name, or surname and initials, and address of the person;(ii) the number of the notice;(iii) the date of service of the notice; and(b) state that the notice is withdrawn; and(c) if an authorised officer or Competent Authority intends to bring a prosecution against the person in a court for the offence – state that a prosecution may be brought against the person in a court for the offence.(2) If the person has already paid the penalty specified in the notice, the relevant Competent Authority must refund it.
(1) This Part does not –(a) require an infringement notice to be served on a person for an offence; or(b) affect the liability of a person to be prosecuted for an offence if an infringement notice is not served on the person for the offence; or(c) prevent the service of 2 or more infringement notices on a person for an offence; or(d) affect the liability of a person to be prosecuted for an offence if the person does not comply with an infringement notice for the offence; or(e) limit or otherwise affect the penalty that may be imposed by a court on a person convicted of an offence.(2) However, if the person on whom an infringement notice is served for an offence pays the penalty specified in the notice –(a) any liability of the person for the offence is discharged; and(b) the person may not be prosecuted in a court for the offence; and(c) the person is not taken to have been convicted of the offence.
PART 22 - Reconsideration and review of decisions
267. Application of Part [22.1]
This Part applies to the following decisions made by a Competent Authority:(a) a decision under regulation 15 about an administrative determination;(b) a decision under regulation 59 , 88 or 89 ;(c) a decision under regulation 90 about an administrative determination;(d) a decision under regulation 99 , 128 , 134 , 144 or 153 ;(e) a decision under regulation 168 about an administrative determination;(f) a decision under regulation 219 , 221 , 229 , 231 , 241 , 251 , 253 , 254 or 258 .
268. Who may apply for reconsideration of decisions [22.2]
(1) A person whose interests are affected by a decision of a Competent Authority may apply in writing to that Authority for reconsideration of the decision.(2) However, a person whose interests are affected by a decision of a Competent Authority under regulation 144 that is given orally may apply to that Authority orally for reconsideration of the decision.
269. Applications for reconsideration [22.3]
(1) An application must be made within –(a) 28 days after the day when the person was informed of the decision by the Competent Authority; or(b) a longer period allowed by the Authority, either before or after the end of the 28 days.(2) The application must set out the grounds on which reconsideration of the decision is sought.(3) However, if an application is made orally for reconsideration of a decision under regulation 144 , the applicant must tell the Competent Authority of the grounds on which reconsideration of the decision is sought when the application is made.
270. Competent Authority to reconsider decisions [22.4]
(1) Within 28 days after receiving the application, the Competent Authority must reconsider the decision, and confirm, revoke or vary the decision.(2) The Competent Authority must inform the applicant in writing of the result of the reconsideration and of the reasons for the result.(3) However, the Competent Authority may tell an applicant mentioned in regulation 269(3) of the result of the reconsideration and of the reasons for the result.
271. Review of certain decisions [22.5]
Application may be made for review of a decision if –(a) the decision has been reconsidered under regulation 270 ; and(b) the person who applied for reconsideration of the decision was not an applicant mentioned in regulation 269(3) .
PART 23 - Fees
The fees payable under these regulations are prescribed in the following table:
Column 1
Column 2
Column 3
Item
Provision for which fee prescribed
Fee
$
1.
100
2.
30
3.
30
4.
75
5.
75
PART 24 - Transitional provisions
273. Lawful conduct under previous law [24.1]
A person does not commit an offence against these regulations if, within the period of 6 months after the commencement of this regulation, the person transports dangerous goods by road or rail in accordance with the law about the transport of dangerous goods by road or rail that was in force in this jurisdiction immediately before the commencement.
274. Continuing effect of certain determinations [24.2]
(1) This regulation applies to a determination, however described, if the determination –(a) was made under a law about the transport of dangerous goods by road or rail; and(b) was in force in this jurisdiction immediately before the commencement of this regulation; and(c) is a determination about something that may be determined under a provision (in this regulation referred to as the "relevant provision") of any of the following regulations:(i) regulation 15 ;(ii) regulation 90 ;(iii) regulation 168 .(2) The determination has effect for these regulations as if it were a determination made by a Competent Authority under the relevant provision.(3) Without limiting subregulation (2) , the relevant Competent Authority may record the determination in the register of determinations kept under regulation 18 .(4) Subregulation (3) does not apply to a determination if the determination was made on the application of a person and applies only to the person.
275. Continuing effect of corresponding determinations [24.3]
(1) This regulation applies to a determination, however described, if the determination –(a) was made under a law of another participating jurisdiction about the transport of dangerous goods by road or rail; and(b) was in force in the other jurisdiction immediately before the commencement of this regulation; and(c) is a determination about something that may be determined under a provision of the law of the other jurisdiction (in this regulation referred to as the "corresponding provision") corresponding to a provision of a regulation mentioned in regulation 274(1)(c) .(2) Except for circumstances that do not exist in this jurisdiction, the determination has effect for these regulations as if it were a determination made by the corresponding Competent Authority for the other jurisdiction under the corresponding provision.
276. Continuing effect of certain exemptions [24.4]
(1) This regulation applies to an exemption, however described, if the exemption –(a) was granted under a law about the transport of dangerous goods by road or rail; and(b) was in force in this jurisdiction immediately before the commencement of this regulation; and(c) is an exemption from compliance with a provision of that law corresponding to a provision (in this regulation referred to as the "relevant provision") of these regulations.(2) The exemption has effect for these regulations as if it were an exemption granted by a Competent Authority from compliance with the relevant provision.(3) Without limiting subregulation (2) , the Competent Authority may record the exemption in the register of exemptions kept under regulation 190 .
277. Continuing effect of corresponding exemptions [24.5]
(1) This regulation applies to an exemption, however described, if the exemption –(a) was granted under a law of another participating jurisdiction about the transport of dangerous goods by road or rail; and(b) was in force in the other jurisdiction immediately before the commencement of this regulation; and(c) is an exemption from compliance with a provision of the law of the other jurisdiction (in this regulation referred to as the "corresponding provision") corresponding to a provision of these regulations.(2) Except for circumstances that do not exist in this jurisdiction, the exemption has effect for these regulations as if it were an exemption granted by the corresponding Competent Authority for the other jurisdiction from compliance with the corresponding provision.
278. Continuing effect of certain approvals [24.6]
(1) This regulation applies to an approval, however described, if the approval –(a) was given under a law about the transport of dangerous goods by road or rail; and(b) was in force in this jurisdiction immediately before the commencement of this regulation; and(c) is an approval of something that may be approved under a provision (in this regulation referred to as the "relevant provision") of any of the following regulations:(i) regulation 59 ;(ii) regulation 88 ;(iii) regulation 89 ;(iv) regulation 99 ;(v) regulation 128 ;(vi) regulation 134 ;(vii) regulation 144 ;(viii) regulation 153 ;(ix) regulation 258 ;(2) The approval has effect for these regulations as if it were an approval given by a Competent Authority under the relevant provision.(3) Without limiting subregulation (2) , the Competent Authority may record the approval in the register of approvals kept under regulation 204 .
279. Continuing effect of corresponding approvals [24.7]
(1) This regulation applies to an approval, however described, if the approval –(a) was given under a law of another participating jurisdiction about the transport of dangerous goods by road or rail; and(b) was in force in the other jurisdiction immediately before the commencement of this regulation; and(c) is an approval of something that may be approved under a provision of the law of the other jurisdiction (in this regulation referred to as the "corresponding provision") corresponding to a provision of a regulation mentioned in regulation 278(1)(c) .(2) Except for circumstances that do not exist in this jurisdiction, the approval has effect for these regulations as if it were an approval given by the corresponding Competent Authority for the other jurisdiction under the corresponding provision.
280. Continuing effect of certain licences and permits [24.8]
(1) This regulation applies to a licence or permit, however described, if the licence or permit –(a) was granted under a law about the transport of dangerous goods by road; and(b) was in force in this jurisdiction immediately before the commencement of this regulation; and(c) is a licence or permit that may be granted under a provision of that law corresponding to either of the following regulations (in this regulation referred to as the "relevant provision"):(i) regulation 219 ;(ii) regulation 229 .(2) The licence or permit has effect for these regulations as if it were a licence granted by a Competent Authority under the relevant provision.(3) Without limiting subregulation (2) , a Competent Authority may record the licence or permit in the relevant register of licences kept under regulation 244 .
281. Continuing effect of corresponding licences and permits [24.9]
(1) This regulation applies to a licence or permit, however described, if the licence or permit –(a) was granted under a law of another participating jurisdiction about the transport of dangerous goods by road; and(b) was in force in the other jurisdiction immediately before the commencement of this regulation; and(c) is a licence or permit that may be granted under a provision of the law of the other jurisdiction (in this regulation referred to as the "corresponding provision") corresponding to a provision of a regulation mentioned in regulation 280(1)(c) .(2) Except for circumstances that do not exist in this jurisdiction, the licence or permit has effect for these regulations as if it were a licence granted by the corresponding Competent Authority for the other jurisdiction under the corresponding provision.
SCHEDULE 1 - Strict liability offences
Column 1 | Column 2 | Item | Provision | 1. | 2. | 3. | 4. | 5. | 6. | 7. | 8. | 9. | 10. | 11. | 12. | 13. | regulation 75(1) and (3) | 14. | 15. | 16. | 17. | 18. | 19. | 20. | 21. | 22. | 23. | regulation 93(1) and (3) | 24. | 25. | 26. | 27. | 28. | 29. | 30. | 31. | 32. | 33. | 34. | regulation 139(1) and (3) | 35. | regulation 140(1) and (2) | 36. | 37. | 38. | 39. | 40. | 41. | 42. | 43. | 44. | 45. | 46. | 47. | 48. | 49. | 50. | 51. | regulation 166(2) and (3) | 52. | 53. | 54. | 55. | regulation 173(2) and (3) | 56. | 57. | regulation 175(2) and (3) | 58. | regulation 176(2) and (3) | 59. | 60. | 61. | 62. | 63. | regulation 236(2) and (3) | 64. | 65. | 66. | 67. | 68. |
SCHEDULE 2 - Infringement notice offences and penalties
Regulation 260(1) and (2)
Column 1 | Column 2 | Column 3 | Column 4 | Item | Provision | Penalty (in penalty units) for individuals | Penalty (in penalty units) for corporations | 1. | 6 | 30 | 2. | 3 | 15 | 3. | 6 | 30 | 4. | 6 | 30 | 5. | 3 | – | 6. | 6 | 30 | 7. | 6 | 30 | 8. | 6 | 30 | 9. | 6 | 30 | 10. | 6 | 30 | 11. | 6 | 30 | 12. | 6 | 30 | 13. | 3 | 15 | 14. | 6 | 30 | 15. | 3 | – | 16. | 6 | 30 | 17. | 6 | 30 | 18. | 6 | 30 | 19. | 2 | 10 | 20. | 3 | 15 | 21. | 3 | 15 | 22. | 3 | 15 | 23. | 2 | – | 24. | 1 | – | 25. | 3 | 15 | 26. | 2 | – | 27. | 1 | – | 28. | 2 | – | 29. | 6 | 30 | 30. | 2 | 10 | 31. | 1 | – | 32. | 1 | – | 33. | 2 | – | 34. | 6 | – | 35. | 3 | 15 | 36. | 3 | – | 37. | 1 | – | 38. | 1 | 5 | 39. | 1 | – | 40. | 1 | – | 41. | 1 | 5 |
SCHEDULE 3 - Dictionary
1. This is the dictionary referred to in regulation 5 .Act means the Dangerous Goods Act 1998 ;ADG Code means the sixth edition of the Australian Code for the Transport of Dangerous Goods by Road and Rail published by the Commonwealth;administrative determination see regulation 16 ;ADR approved means approved in accordance with the European Agreement Concerning the International Carriage of Dangerous Goods by Road published by the Inland Transport Committee of the Economic Commission for Europe;AE Code means the Australian Code for the Transport of Explosives by Road and Rail (Australian Explosives Code) published by the Commonwealth;aggregate quantity see regulation 39 ;another participating jurisdiction means a participating jurisdiction except this jurisdiction;appropriately marked see regulation 101 ;appropriately placarded see regulation 105(2) ;approval, for a provision of these regulations, means an approval by a Competent Authority that is in force under the provision;approved IBC means –(a) an IBC of a design that is approved under regulation 89 ; or(b) a foreign approved IBC;approved packaging means –(a) packaging of a design type that is approved under regulation 59 ; or(b) foreign approved packaging;approved tank means –(a) a tank of a design that is approved under regulation 88 ; or(b) a foreign approved tank;approved test means a test that is approved under regulation 258(1)(a) ;approved training course means a training course that is approved under regulation 258(1)(b) ;attachment system –(a) means a system for attaching a bulk or freight container to a vehicle; and(b) includes all the components of the system;authorised officer see section 3 of the Act;bulk container see regulation 46 ;bulk driver licence means a licence that is in force under Division 3 of Part 18 ;bulk vehicle licence means a licence that is in force under Division 4 of Part 18 ;capacity see regulation 37 ;Class, for dangerous goods, see regulation 32 ;combination road vehicle means a group of vehicles consisting of –(a) a prime mover and 2 or more trailers; or(b) a rigid vehicle and one or more trailers;Commonwealth Regulations see regulation 4(1) ;Competent Authority see section 3 of the Act;compliance plate, for a tank, means a compliance plate complying with Chapter 4 of the ADG Code;consignor see regulation 48 ;consigns see regulation 48 ;consumer commodity load see Division 1.1 of the ADG Code;converter dolly means a converter dolly within the meaning of the Commonwealth Regulations;corresponding, for a provision of the Act or these regulations, means the provision of the law in force in another participating jurisdiction corresponding to the provision;corresponding administrative determination means a corresponding determination made on the application of a person and applying only to the person;corresponding approval means an approval given by a corresponding Competent Authority having effect in this jurisdiction under regulation 187 ;corresponding bulk driver licence means a licence granted by a corresponding Competent Authority having effect in this jurisdiction under regulation 188 as a bulk driver licence;corresponding bulk vehicle licence means a licence granted by a corresponding Competent Authority having effect in this jurisdiction under regulation 188 as a bulk vehicle licence;corresponding Competent Authority means a person appointed under a provision of a law of another participating jurisdiction corresponding to section 9 of the Act;corresponding determination means a determination made by a corresponding Competent Authority having effect in this jurisdiction under regulation 185 ;corresponding exemption means an exemption granted by a corresponding Competent Authority having effect in this jurisdiction under regulation 186 ;dangerous goods see regulation 31 ;dangerous goods in bulk see regulation 41 ;dangerous situation see section 3 of the Act;determination, for a provision of these regulations, means a determination made by a Competent Authority that is in force under the provision;[Schedule 3 Amended by S.R. 2000, No. 128, Applied:14 Aug 2000][Schedule 3 Amended by S.R. 2000, No. 128, Applied:14 Aug 2000] driver licence means an Australian driver licence within the meaning of the Vehicle and Traffic Act 1999 other than a learner or provisional licence within the meaning of that Act;emergency service means –(a) an ambulance, fire, police or other emergency service of a participating jurisdiction; or(b) a unit of the Defence Force corresponding to a service mentioned in paragraph (a) ;exemption means an exemption in force under section 24 of the Act;explosive means Class 1 dangerous goods within the meaning of the ADG Code;filling ratio means the ratio of the mass of liquefied gas in a tank or cylinder to the mass of water that the tank or cylinder will hold at a temperature of 15° Celsius;fire-risk substance means any readily ignitable solid substance including hay, sawdust, wastepaper and woodchips;food includes –(a) a substance prepared or intended for human or animal consumption; and(b) a substance, except dangerous goods, intended to be an ingredient of food;food container means a container designed or intended to contain food;food packaging means –(a) a food container; or(b) any other container that actually contains food; or(c) material designed or intended to be used in a food container;foreign approved IBC means an IBC that is –(a) manufactured outside Australia; and(b) ADR, IMO or RID approved;foreign approved packaging means a packaging that is –(a) manufactured outside Australia; and(b) marked with performance and specification markings complying with Chapter 3 of the ADG Code;foreign approved tank means a tank that is –(a) manufactured outside Australia; and(b) ADR, IMO or RID approved;freight container see regulation 44 ;hose assembly see section 3 of the Act;IATA Regulations means the Dangerous Goods Regulations published by the International Air Transport Association;IBC see regulation 45 ;IBC marking, for an IBC, means a marking complying with the IBC Supplement;IBC Supplement means the Specifications for Intermediate Bulk Containers for the Transport of Dangerous Goods published as a supplement to the ADG Code;ICAO Rules means the Technical Instructions for the Safe Transport of Dangerous Goods by Air published by the International Civil Aviation Organisation;IMDG Code means the International Maritime Dangerous Goods Code published by the International Maritime Organisation;IMO approved means approved by or for the International Maritime Organisation;incompatible see regulation 35 ;infringement notice means a notice served under regulation 260(1) ;involvement in the handling of dangerous goods see section 3 of the Act;licence –(a) for Division 3 of Part 18 – see regulation 214 ; and(b) for Division 4 of Part 18 – see regulation 226 ; and(c) for Division 5 of Part 18 – see regulation 237 ; and(d) for Division 6 of Part 18 – see regulation 240 ; and(e) for Part 19 – see regulation 250 ;licence label means a licence label issued under regulation 236 ;licensed vehicle means a vehicle for which a bulk vehicle licence is in force;licensee –(a) for Division 3 of Part 18 – see regulation 214 ; and(b) for Division 4 of Part 18 – see regulation 226 ; and(c) for Division 5 of Part 18 – see regulation 237 ; and(d) for Division 6 of Part 18 – see regulation 240 ; and(e) for Part 19 – see regulation 250 ;loader see regulation 50 ;loads see regulation 50 ;Ministerial Council see section 3 of the Act;NATA means the National Association of Testing Authorities, Australia;offence see section 3 of the Act;outer packaging see Division 1.1 of the ADG Code;owner see regulation 47 ;package see regulation 36(1) ;packaged dangerous goods see regulation 40 ;packaging see regulation 36(2) ;Packing Group see regulation 34 ;packer see regulation 49 ;packs see regulation 49 ;Panel means the Competent Authorities Panel referred to in regulation 15.4(1) of the Commonwealth Regulations;Panel member see regulation 15.4(2) of the Commonwealth Regulations;participating jurisdiction means –(a) this jurisdiction; or(b) another State or a Territory, unless the State or Territory is declared under regulation 1.30 of the Commonwealth Regulations to be a non-participating jurisdiction;performance test, for a packaging design type for use in the transport of dangerous goods by road or rail, means a test complying with Chapter 3 of the ADG Code;personal injury includes death;placard load see regulation 42 ;premises see section 3 of the Act;prescribed fee, for a provision mentioned in column 2 of the table in regulation 272 , means the fee prescribed in the table for the provision;prime contractor see regulation 51 ;prime mover means a vehicle that is designed to tow a trailer;rail wagon means a rail vehicle that –(a) is designed to carry freight; and(b) bears a unique identifying number or alphanumeric identifier;recognised testing facility see regulation 60 ;register see regulation 180 ;registered means –(a) for a medical practitioner – a medical practitioner registered under State or Territory law; and(b) for a vehicle – a vehicle registered under State or Territory law;reminder notice means a notice given under regulation 263(1) ;required emergency information see regulation 149 ;RID approved means approved in accordance with the International Regulations Concerning the Carriage of Dangerous Goods by Rail published by the Inland Transport Committee of the Economic Commission for Europe;rigid vehicle means a vehicle, the load-carrying area of which is fixed to the vehicle's chassis or frame;risk means risk of personal injury, property damage or harm to the environment;State Minister means the Minister administering the Act;Subsidiary Risk see regulation 33 ;tank –(a) means a container, except an IBC, that is used, or designed to be used, to transport dangerous goods in bulk in the form of a liquid or gas; and(b) includes fittings, closures, and any other equipment, forming part of the container;test or training certificate means a certificate –(a) issued by a person who conducted an approved test or training course; and(b) stating that a person named in the certificate passed the test or completed the course;this jurisdiction means the State of Tasmania;trailer means a vehicle that is designed to be towed, or is towed, by another vehicle but does not include a vehicle propelled by a motor that forms part of the vehicle;train means 2 or more units of rolling-stock coupled together, of which at least one unit is a locomotive or self-propelled unit;transport see section 3 of the Act;UN dangerous goods tests and criteria means the tests and criteria specified in –(a) the UN Recommendations; or(b) the UN Recommendations, Manual of Tests and Criteria;unit load see regulation 43 ;UN Recommendations means the ninth revised edition of the Recommendations on the Transport of Dangerous Goods published by the United Nations;UN Recommendations, Manual of Tests and Criteria means the second revised edition of the Recommendations on the Transport of Dangerous Goods, Manual of Tests and Criteria published by the United Nations;vehicle see section 3 of the Act.
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 23 December 1998
These regulations are administered in the Department of Infrastructure, Energy and Resources.