Document ID: chunk:federal_register_of_legislation:F2024C00392:schedule:2:p21
Version: federal_register_of_legislation:F2024C00392
Segment Type: schedule
Provision Reference: sch 2 (pt 21/84)
Character Range: 211528–214247

rail operator 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.
Offence provision.    (3.6, amd)

4.3.6  Driver's duties
  A person must not drive a road vehicle transporting dangerous goods 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.
Offence provision.    (3.7‑road only, amd)

Division 4.4—Offences relating to containment units and bulk containers

Subdivision 4.4.1—Manufacturers and owners

4.4.1  Compliance plates for portable tanks, MEGCs and tank vehicles
 (1) A person who manufactures a portable tank or MEGC must attach a compliance plate to the tank or MEGC in accordance with Chapter 6.7 of the ADG Code.
Offence provision.  (new)
 (2) A person who manufactures a tank vehicle must attach a compliance plate to the tank vehicle in accordance with section 6.9.2.2 of the ADG Code.
Offence provision.   (new)
 {(3) An offence against {subclause} (1) or (2) is an offence of strict liability.}

4.4.2  Owner's duties for certain portable tanks and MEGCs
 (1) The owner of a portable tank or MEGC that is attached to a vehicle must not use the portable tank or MEGC, or permit the portable tank or MEGC to be used, to transport dangerous goods if the portable tank or MEGC:
 (a) is unsuitable for the transport of the goods; or
 (b) has not been maintained, tested and inspected in accordance with Chapter 6.7 of the ADG Code.
Offence provision.
 {(2) An offence against {subclause} (1) is an offence of strict liability.} (4.9, amd)

Subdivision 4.4.2—Consignors

4.4.3  Consignor's duties—general
 (1) A person must not consign dangerous goods for transport in a containment unit provided by the person if the containment unit is unsuitable for the transport of the goods.
Offence provision.
 (2) A person must not consign dangerous goods for transport in a bulk container provided by the person if:
 (a) the material of which the bulk container is constructed is incompatible with the dangerous goods; or
 (b) the bulk container is damaged or defective to the extent that it is not safe to use to transport the goods; or
 (c) the bulk container is otherwise unsuitable for the transport of the goods.
Offence provision.
 (3) A person must not consign dangerous goods for transport in a containment unit provided by someone else if the person knows, or reasonably ought to know, that the containment unit is unsuitable for the transport of the goods.
Offence provision.
 (4) A person must not consign dangerous goods for transport in a bulk container provided by someone else if