Document ID: chunk:federal_register_of_legislation:F2024C00392:schedule:2:p35
Version: federal_register_of_legislation:F2024C00392
Segment Type: schedule
Provision Reference: sch 2 (pt 35/84)
Character Range: 246275–248977

This Division applies to bulk transfer into or out of a tank vehicle or:
 (a) a portable tank; or
 (b) a MEGC; or
 (c) a tube; or
 (d) a pressure drum; or
 (e) a bulk container; or
 (f) a demountable tank; or
 (g) an IBC,
  that is on a vehicle.

10.2.2  Transferor's duties—hose assemblies
 (1) A person who uses a hose assembly for the transfer of dangerous goods must comply with Chapter 10.1 of the ADG Code.
Offence provision.
 (2) A person must not use a hose assembly for the transfer of dangerous goods if the person knows, or reasonably ought to know, that the assembly is damaged or defective.
Offence provision.
 (3) A person must not use a hose assembly for bulk transfer of dangerous goods if the person knows, or reasonably ought to know, that the hose assembly:
 (a) was not constructed, assembled and maintained in accordance with Chapter 10.1 of the ADG Code; or
 (b) was not inspected or tested at the intervals, or in the way, required under the Chapter; or
 (c) did not satisfy a test under the Chapter.
Offence provision.
 {(4) An offence against {subclause} (1) is an offence of strict liability.}

10.2.3  Transferor's duties—general
 (1) A person engaged in the bulk transfer of dangerous goods must ensure that the goods are transferred:
 (a) in accordance with Chapter 10.2 of the ADG Code; and
 (b) in a way that averts, eliminates or minimises risk.
Offence provision.
 (2) A person engaged in the bulk transfer of dangerous goods must not transfer dangerous goods if the person knows, or reasonably ought to know, that:
 (a) the receiving receptacle or the transfer equipment is incompatible with the dangerous goods; or
 (b) the receptacle contains incompatible goods.
Offence provision.
 (3) If dangerous goods leak, spill or accidentally escape during bulk transfer, 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.
Offence provision.
 {(4) It is a defence to a prosecution for an offence against {subclause} (1) that the person complied with that {subclause} as far as practicable.} (10.5, amd/1 and 2)

10.2.4  Occupier's duties
 (1) The occupier of premises where bulk transfer of dangerous goods occurs must ensure that any hose assembly on the premises that is used, or intended to be used, for the transfer (other than a hose assembly brought onto the premises on the vehicle involved in the transfer):
 (a) is constructed, assembled and maintained in accordance with Chapter 10.1 of the ADG Code; and
 (b) is inspected