Document ID: chunk:federal_register_of_legislation:F2016C00656:clause:1_4l:p28
Version: federal_register_of_legislation:F2016C00656
Segment Type: clause
Provision Reference: sch 1 cl 4L (pt 28/43)
Character Range: 90010–92734

9.1.9  Approvals—methods of segregation
 (1) The Competent Authority may, on application made in accordance with {clause} 17.1.1, approve a method of segregation not complying with Part 9 of the ADG Code for transporting dangerous and incompatible goods by road, if the Authority considers that:
 (a) it is impracticable to segregate the goods by a segregation device, or method of segregation, complying with that Part; and
 (b) the risk involved in using the method to transport the goods by road is not greater than the risk involved in using a device or method complying with that Part to transport the goods by road.
 (2) In giving its approval, the Competent Authority may impose in relation to the approval any condition necessary for the safe transport of dangerous goods. (9.8, amd)
 (3) A person to whom an approval has been given must not contravene a condition of the approval.
Offence provision.
 {(4) An offence against {subclause} (3) is an offence of strict liability.}".

83.  Substitution of clauses 10.2.1 and 10.2.2
  For clauses 10.2.1 and 10.2.2 substitute –
"10.2.1  {Reserved}
10.2.2  Transferor's duties—hose assemblies
 (1) A person must not use a hose assembly for the bulk transfer of dangerous goods if the person knows, or reasonably ought to know, that the assembly is damaged or defective to the extent that it is not safe to use to transfer the goods.
Offence provision.
 (2) A person must not use a hose assembly for the bulk transfer of dangerous goods if the person knows, or reasonably ought to know, that the hose assembly:
 (a) has not been constructed, assembled or maintained in accordance with Chapter 10.1 of the ADG Code; or
 (b) has not been inspected or tested at the intervals, or in the way, required under that Chapter; or
 (c) did not satisfy a test under that Chapter.
Offence provision.".

84.  Other changes concerning bulk transfers
 (1) For clause 10.2.3(1)(b) substitute –
 "(b) in a way that eliminates the risk, or if it is not possible to eliminate the risk, that minimises the risk to the maximum extent that is practicable.".
 (2) In clause 10.2.3(3), before "bulk transfer" insert "a".
 (3) In clause 10.2.4(1), before "intended" insert "that is".
 (4) In clauses 10.2.4(1)(a) and (b), for "is" substitute "has been".
 (5) In clauses 10.2.4(1)(b) and (c), for "the Chapter" substitute "that Chapter".
 (6) In clause 10.2.4(2), before "bulk transfer" insert "the".
 (7) For clause 10.2.5(1) substitute –
 "(1) A prime contractor engaged in the bulk transfer of dangerous goods must ensure that any hose assembly that is used, or that is intended to be used, for the transfer of the dangerous goods (other than a hose assembly for which the prime contractor is not