Document ID: chunk:federal_register_of_legislation:F2024C00392:schedule:2:p20
Version: federal_register_of_legislation:F2024C00392
Segment Type: schedule
Provision Reference: sch 2 (pt 20/84)
Character Range: 208981–211762

(3) If a performance test is conducted in Australia by a recognised testing facility that is not registered by NATA:
 (a) the test must be observed by or for the Competent Authority; and
 (b) any test certificate must contain any details required under the relevant Chapter of Part 6 of the ADG Code.

4.2.7  Approvals—overpacks
 (1) The Competent Authority may, on application in accordance with {clause} 17.1.1, approve a method of preparing an overpack for transport that does not comply with section 5.1.2 of the ADG Code if the Authority considers that the risk involved in using the method is not greater than the risk involved in using a method complying with the section.
 (2) The approval of a method of preparing an overpack for transport may be subject to any condition necessary for the safe transport of the dangerous goods using the method. (6.5, amd)

4.2.8  Approvals—authorised body may issue approvals
 (1) The Competent Authority may, in accordance with the ADG Code and on application made in accordance with {clause} 17.1.1, approve an authorised body to issue approvals under this Division.
 (2) The approval of an authorised body may be issued subject to conditions. (New)

 Division 4.3—Offences relating to packaging

4.3.1  Manufacturer's duties
 (1) A person must not manufacture in Australia packaging that is designed for use in the transport of dangerous goods other than in accordance with a design that is approved under {clause} 4.2.4.
Offence provision. (new, based on 4.7, also includes 4.16 as amd)
 {(2) An offence against {subclause} (1) is an offence of strict liability.}

4.3.2  Consignor's duties
  A person must not consign dangerous goods for transport in packaging if the person knows, or reasonably ought to know, that the packaging is unsuitable for the transport of the goods.
Offence provision.   (3.3, amd)

4.3.3  Packer's duties
  A person must not pack dangerous goods for transport in packaging if the person knows, or reasonably ought to know, that the packaging is unsuitable for the transport of the goods.
Offence provision.   (3.4, amd)

4.3.4  Loader's duties
  A person must not load dangerous goods for transport 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.
Offence provision.   (3.5, amd)

4.3.5  Prime contractor's and rail operator's duties
  A prime contractor or a rail operator must not transport dangerous goods in packaging if the prime contractor or rail operator 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.
Offence provision.    (3.6, amd)

4.3.6  Driver's duties
  A person must not