Document ID: chunk:federal_register_of_legislation:F2016C00739:schedule:3:p29
Version: federal_register_of_legislation:F2016C00739
Segment Type: schedule
Provision Reference: sch 3 (pt 29/63)
Character Range: 84177–86832

vehicle to transport dangerous goods by road in a tank or bulk container if the prime contractor knows, or reasonably ought to know, that:
 (a) for Class 2 dangerous goods not in the form of a refrigerated liquid—the quantity of goods in the tank or container exceeds the maximum permitted filling ratio under Chapter 10 of the ADG Code; or
 (b) in any other case—the ullage in the tank or container does not comply with the Chapter.
Penalty: $1 500.

10.3  Driver's duty
  A person must not drive a vehicle transporting dangerous goods by road in a tank or bulk container if the person knows, or reasonably ought to know, that:
 (a) for Class 2 dangerous goods not in the form of a refrigerated liquid—the quantity of goods in the tank or container exceeds the maximum permitted filling ratio under Chapter 10 of the ADG Code; or
 (b) in any other case—the ullage in the tank or container does not comply with the Chapter.
Penalty: $1 500.

Division 2—Transfer

10.4  Application
  This Division applies to a transfer of dangerous goods if the transfer is made:
 (a) in the transport of the goods by road in bulk; and
 (b) to or from a tank, or bulk container, on a vehicle.

10.5  Transferor's duties—general
 (1) A person who transfers dangerous goods must, as far as practicable, ensure that the goods are transferred:
 (a) if Chapter 10 of the ADG Code applies to the transfer—in accordance with the Chapter; and
 (b) if the transfer of the goods is approved under regulation 10.9—in accordance with the approval; and
 (c) in every case—in a way that averts, eliminates or minimises risk.
Penalty: $1 500.
 (2) A person must not transfer dangerous goods if the person knows, or reasonably ought to know, that:
 (a) the material of which the tank or container to which the goods are transferred, or the transfer equipment, is constructed is incompatible with the dangerous goods; or
 (b) that tank or container contains incompatible goods.
Penalty: $1 500.
 (3) If dangerous goods leak, spill or accidentally escape during the transfer of the goods, the person transferring the goods:
 (a) must immediately stop transferring the goods; and
 (b) must take all practicable steps to avert, eliminate or minimise risk; and
 (c) must not start transferring the goods again until the conditions causing the leak, spill or escape have been rectified.
Penalty: $1 500.

10.6  Transferor's duties—hose assemblies
 (1) A person who uses a hose assembly to transfer dangerous goods must comply with Chapter 10 of the ADG Code.
Penalty: $3 000.
 (2) A person must not use a hose assembly to transfer dangerous goods if the hose assembly is damaged or defective to