Document ID: chunk:federal_register_of_legislation:F2024C00392:schedule:2:p19
Version: federal_register_of_legislation:F2024C00392
Segment Type: schedule
Provision Reference: sch 2 (pt 19/84)
Character Range: 206425–209210

provision.   (3.2, amd)
 {(3) An offence against {subclause} (1) or (2) is an offence of strict liability.}

4.2.3  Applications for approval
 (1) The design of packaging required to undergo tests under Part 6 of the ADG Code may be approved by the Competent Authority.
Examples
Portable tanks, MEGCs, tank vehicles, pressure receptacles, aerosol dispensers, IBCs, bulk containers and drums, barrels, jerry cans, boxes, bags and composite packaging are some of the kinds of packaging required to undergo tests under Part 6 of the ADG Code. Performance tests include drop, leakproofness, hydraulic and stacking tests.
 (2) An application for approval of a design for a packaging for use in the transport of dangerous goods must:
 (a) include the information required under Part 6 of the ADG Code; and
 (b) if a fee is prescribed for the application—be accompanied by the prescribed fee. (4.24, amd)

4.2.4  Approvals—packaging designs
 (1) The Competent Authority may, on application in accordance with {clauses} 4.2.3 and 17.1.1, approve a design for a packaging for use in the transport of dangerous goods if:
 (a) the design complies with Part 6 of the ADG Code; and
 (b) the applicant has carried out the tests and inspections required under Part 6 of the ADG Code for the design.
 (2) The approval of the design may be subject to any condition about the construction, packing, filling, use or maintenance of a packaging manufactured in accordance with the design necessary for the safe use of the packaging. (3.8, 4.25 and 4.26, amd)

4.2.5  Recognised testing facilities
  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.

4.2.6  Test certificates
 (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 must:
 (a) contain any details required under the relevant Chapter of Part 6 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 must be observed by or for the Competent Authority; and
 (b) any test certificate must contain any