Document ID: chunk:federal_register_of_legislation:F2024C00392:schedule:2:p26
Version: federal_register_of_legislation:F2024C00392
Segment Type: schedule
Provision Reference: sch 2 (pt 26/84)
Character Range: 223915–226706

determination under {clause} 1.6.2.
Offence provision.
 (2) A person must not consign dangerous goods for transport in a foreign approved IBC provided by someone else if the transport of the goods in the IBC is prohibited by a determination under {clause} 1.6.2.
Offence provision.
 {(3) For this {clause):
 (a) an offence against {subclause} (1) is an offence of strict liability; and
 (b) strict liability applies to the physical element in {subclause} (2) that the transport of the goods in the IBC is prohibited by a determination under {clause} 1.6.2. (4.22, amd)

Subdivision 4.5.2—Foreign approved portable tanks and MEGCs

4.5.2  Consignor's duties
 (1) A person must not consign dangerous goods for transport in a foreign approved portable tank, a foreign approved bulk container or a foreign approved MEGC provided by the person if the transport of the goods in the portable tank, container or MEGC is prohibited by a determination under {subclause} 1.6.2.
Offence provision.
 (2) A person must not consign dangerous goods for transport in a foreign approved portable tank, a foreign approved bulk container or a foreign approved MEGC provided by someone else if the transport of the goods in the portable tank, container or MEGC is prohibited by a determination under {subclause} 1.6.2.
Offence provision.
 {(3) For this {clause}:
 (a) an offence against {subclause} (1) is an offence of strict liability; and
 (b) strict liability applies to the physical element in {subclause} (2) that the transport of the goods in the portable tank or MEGC is prohibited by a determination under {subclause} 1.6.2. (4.14, amd)

Division 4.6—Offences relating to overpacks

4.6.1  Consignor's duties
 (1) A person must not consign dangerous goods for transport in an overpack if:
 (a) the packages cannot be transported safely in the overpack; or
 (b) the overpack does not comply with section 5.1.2 of the ADG Code; or
 (c) the overpack does not comply with an approval under {clause} 4.2.7.
Offence provision.
 {(2) An offence against {subclause} (1) is an offence of strict liability.} (6.1, amd)

4.6.2  Packer's duties
  A person must not pack dangerous goods for transport in an overpack if the person knows, or reasonably ought to know, that:
 (a) the packages cannot be transported safely in the overpack; or
 (b) the overpack does not comply with section 5.1.2 of the ADG Code; or
 (c) the overpack does not comply with an approval under {clause} 4.2.7.
Offence provision.

4.6.3  Loader's duties
  A person must not load dangerous goods for transport in an overpack if the person knows, or reasonably ought to know, that:
 (a) the packages cannot be transported safely in the overpack; or
 (b) the overpack does not comply with section 5.1.2 of the ADG Code; or
 (c) the overpack does