Document ID: chunk:federal_register_of_legislation:F2016C00656:clause:1_4l:p22
Version: federal_register_of_legislation:F2016C00656
Segment Type: clause
Provision Reference: sch 1 cl 4L (pt 22/43)
Character Range: 75462–78139

transport dangerous goods in any other packaging provided by the prime contractor or rail operator if:
 (a) the packaging is unsuitable for the transport of the goods; or
 (b) the goods have not been packed in the packaging in accordance with any relevant provision in Part 4 of the ADG Code.
Offence provision.
 (2) A prime contractor or rail operator must not transport dangerous goods in any other packaging provided by any other person if the prime contractor or rail operator knows, or ought reasonably to know, that:
 (a) the packaging is unsuitable for the transport of the goods; or
 (b) the goods have not been packed in the packaging in accordance with any relevant provision in Part 4 of the ADG Code.
Offence provision.
 {(3) An offence against {subclause} (1) is an offence of strict liability.}
4.5.8  Duty on drivers
  A person must not drive a road vehicle transporting dangerous goods in any other packaging if the person knows, or ought reasonably to know, that:
 (a) the packaging is unsuitable for the transport of the goods; or
 (b) the goods have not been packed in the packaging in accordance with any relevant provision in Part 4 of the ADG Code.
Offence provision.
Division 4.6—Offences relating to overpacks
4.6.1  Duty on consignors
 (1) A person must not consign dangerous goods for transport in an overpack if the preparation of the overpack and its contents does not comply with either:
 (a) section 5.1.2 of the ADG Code; or
 (b) an approval under {clause} 4.2.7.
Offence provision.
 {(2) An offence against {subclause} (1) is an offence of strict liability.}
4.6.2  Duty on packers
  A person must not pack dangerous goods for transport in an overpack if the person knows, or reasonably ought to know, that the packing of the packages into the overpack, or the preparation of the overpack or its contents, does not comply with either:
 (a) section 5.1.2 of the ADG Code; or
 (b) an approval under {clause} 4.2.7.
Offence provision.
4.6.3  Duty on loaders
  A person must not load dangerous goods in an overpack on to a vehicle for transport if the person knows, or reasonably ought to know, that the preparation of the overpack or its contents, does not comply with either:
 (a) section 5.1.2 of the ADG Code; or
 (b) an approval under {clause} 4.2.7.
              Offence provision.
4.6.4  Duty on prime contractors and rail operators
  A prime contractor or rail operator must not transport dangerous goods in an overpack if the prime contractor knows, or reasonably ought to know, that the preparation of the overpack or its contents, does not comply with either:
 (a) section 5.1.2 of the ADG Code; or
 (b) an approval under {clause} 4.2.7.