Document ID: chunk:federal_register_of_legislation:F2016C00739:schedule:3:p12
Version: federal_register_of_legislation:F2016C00739
Segment Type: schedule
Provision Reference: sch 3 (pt 12/63)
Character Range: 43895–46557

(e) manages or controls an activity mentioned in paragraph (a), (b), (c) or (d).

2.22  Prime contractors
  A person is the prime contractor for the transport of dangerous or other goods by road if the person, in conducting a business for or involving the transport of dangerous goods by road, undertakes to be responsible, or is responsible, for the transport of the goods by road.

Part 3—Packaging

Division 1—Packaging duties

3.1  Suitability of packaging
  For this Division, packaging is unsuitable for the transport by road of dangerous goods if:
 (a) the packaging is not approved packaging; or
 (b) the packaging does not comply with Chapter 3 of the ADG Code.

3.2  Marking packaging
  A person must not mark packaging used, or intended to be used, to transport dangerous goods by road with performance and specification markings required under Division 3.5 of the ADG Code unless the packaging is approved packaging.
Penalty: $3 000.

3.3  Consignor's duties
  A person must not consign packaged dangerous goods for transport by road in packaging if the person knows, or reasonably ought to know, that the packaging:
 (a) is unsuitable for the transport of the goods by road; or
 (b) is not used in accordance with Chapter 3 of the ADG Code.
Penalty: $1 500.

3.4  Packer's duties
  A person must not pack dangerous goods for transport by road in packaging if the person knows, or reasonably ought to know, that the packaging:
 (a) is unsuitable for the transport of the goods by road; or
 (b) is not used in accordance with Chapter 3 of the ADG Code.
Penalty: $1 500.

3.5  Loader's duties
  A person must not load packaged dangerous goods for transport by road 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.
Penalty: $1 500.

3.6  Prime contractor's duty
  A prime contractor must not transport packaged dangerous goods by road in packaging if the prime contractor 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.
Penalty: $1 000.

3.7  Driver's duty
  A person must not drive a vehicle transporting packaged dangerous goods by road 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.
Penalty: $1 000.

Division 2—Approval of packaging design types

3.8  Approvals
 (1) The Competent Authority may, on application made in accordance with regulation 17.1, approve a packaging design type