Document ID: chunk:federal_register_of_legislation:F2016C00656:clause:1_4l:p12
Version: federal_register_of_legislation:F2016C00656
Segment Type: clause
Provision Reference: sch 1 cl 4L (pt 12/43)
Character Range: 50509–53421

of".
 (2) At the end of the clause insert –
 "(2) Despite {subclause} (1), if any provision that is applied, adopted by or incorporated in {this subordinate law} uses a term that is defined in both the relevant code, standard or rule, and in {this subordinate law}, the provision is to be interpreted as if the term had the meaning set out in the code, standard or rule, unless the contrary intention appears.".

49.  Widening of reference provision
  In clause 1.2.5 –
 (a) in the heading, omit "administrative";
 (b) in paragraph (a), for "an administrative" substitute "a";
 (c) in paragraph (b), omit "administrative".

50.  Minor amendments
 (1) In clause 1.2.8(b), for "and" substitute "or".
 (2) In clause 1.2.9, for "packed in limited quantities" (wherever occurring) substitute "packed in limited quantities".

51.  Definitions of road and road related area may be modified
  After clause 1.2.10(2) insert –
                  "[Drafting note: Jurisdictions may modify these definitions to the extent that they are inconsistent with their requirements for the application of authorised officer powers.]".

52.  Omission of clause 1.2.11 (references to rolling stock)
  For clause 1.2.11 substitute –
"1.2.11  {Reserved}".

53.  Substitution of clause 1.2.13
  For clause 1.2.13 substitute –
"1.2.13  References to loads
  For the purposes of {this subordinate law}:
 (a) all the goods in or on a road vehicle are a single load, even if the vehicle is transporting more than one transport unit;
 (b) all the goods in a transport unit being transported on a rail vehicle are a single load.

54.  Omission of relocated clauses
  Omit Subdivision 1.2.2.

55.  Minor amendments to training provisions
 (1) In clause 1.3.1(1) –
 (a) in paragraph (e), omit "and overpacks";
 (b) in paragraph (f), for "transport units" substitute "placard loads".
 (2) In clause 1.3.2(2), after "test of competence" insert "or a training course".

56.  Substitution of clause 1.5.2
  For clause 1.5.2 substitute –
"1.5.2  Goods suspected of being dangerous goods
  If it is not clear whether goods are dangerous goods, but a person suspects, or reasonably ought to suspect, that they are, the person must not consign or transport them until:
 (a) the goods have been classified in accordance with the ADG Code; or
 (b) a determination has been made under {clause} 1.6.1(1)(a) in respect of the goods.
Offence provision.".

57.  Determinations
 (1) In clause 1.6.1(2)(c), for "an IBC, portable tank, MEGC, tank vehicle or bulk container" substitute "any packaging".
 (2) Omit clauses 1.6.1(3) – (5).

58.  Omission of clause 1.6.2 (Determinations – foreign approved IBCs, tanks and MEGCs)
  For clause 1.6.2 substitute –
"1.6.2  {Reserved}".

59.  Insertion of clauses 1.6.4A and 1.6.4B
  After clause 1.6.4 insert –
"1.6.4A  Determinations may be subject to conditions
 (1) In making a determination, the Competent Authority may