Document ID: chunk:federal_register_of_legislation:F2016C00739:schedule:3:p47
Version: federal_register_of_legislation:F2016C00739
Segment Type: schedule
Provision Reference: sch 3 (pt 47/63)
Character Range: 130471–133174

is referred to the Panel under subregulation 17.12(2); and
 (b) the Panel decides that the approval:
 (i) should, or should not, be cancelled; or
 (ii) should be varied (whether or not the Panel's decision is the same as the variation proposed by the Authority), and should have effect as varied in all participating jurisdictions or in participating jurisdictions including this jurisdiction; or
 (iii) should not be varied.
 (2) The Competent Authority must have regard to the Panel's decision.

Part 18—Licences
Note: For additional provisions about cancellation, suspension and variation of licences, see Part 19.

Division 1—Preliminary

18.1  Application of Part
  This Part does not apply to the transport by road of dangerous goods in bulk on a vehicle if:
 (a) the goods are transported in an IBC; and
 (b) the IBC is not filled or emptied on the vehicle; and
 (c) the total capacity of IBCs on the vehicle is not more than 3,000 litres.

18.2  Part additional to other laws
  This Part is in addition to any other law in force in this jurisdiction about:
 (a) the licensing of drivers; or
 (b) the employment or engaging of drivers; or
 (c) the registration of vehicles; or
 (d) the transport of goods by road.

Division 2—Principal duties under Part

18.3  Prime contractor's duties
 (1) If a prime contractor uses a vehicle to transport dangerous goods by road in bulk (other than as the driver of the vehicle), the vehicle must be licensed under this Part to transport the goods.
 (2) If a prime contractor employs, engages or permits another person to drive a vehicle transporting dangerous goods by road in bulk, the other person must be licensed under this Part to drive the vehicle.
Note: The offence provisions to which this regulation relates are subsections 35(1) and (2) of the Act.

18.4  Driver's duties
 (1) If a person drives a vehicle transporting dangerous goods by road in bulk, the vehicle must be licensed under this Part to transport the goods.
 (2) If a person drives a vehicle transporting dangerous goods by road in bulk, the person must be licensed under this Part to drive the vehicle.
Note: The offence provisions to which this regulation relates are subsections 35(3) and (5) of the Act.

18.5  Consignor's duty
  A person must not consign dangerous goods in bulk for transport by road on a vehicle if the person knows, or reasonably ought to know, that the vehicle is not licensed under this Part to transport the goods.
Penalty: $3 000.

Division 3—Bulk driver licences

18.6  Meaning of licence and licensee in Division
  In this Division:
licence means a bulk driver licence;
licensee means the holder of a licence.

18.7  Required driving licence evidence
 (1)