Document ID: chunk:federal_register_of_legislation:F2016C00656:clause:1_4l:p18
Version: federal_register_of_legislation:F2016C00656
Segment Type: clause
Provision Reference: sch 1 cl 4L (pt 18/43)
Character Range: 65743–68469

dangerous goods. (3.8, 4.25 and 4.26, amd)
 (4) A person must not construct, pack or fail to maintain packaging for use in the transport of dangerous goods, or use packaging to transport dangerous goods, if the person knows, or ought reasonably to know, that—
 (a) a condition about the construction, packing, maintenance or use of the packaging, as the case may be, was imposed in relation to the approval of the design for the packaging; and
 (b) the construction, packing, failure to maintain, or use is in contravention of the condition.
             Offence provision.".

69.  Testing
 (1) In clause 4.2.5(a), for "Chapter 3" substitute "Part 6".
 (2) In clauses 4.2.6(2) and (3)(b), after "certificate" insert ", or report on the test,".

70.  Substitution of clauses 4.2.7 and 4.2.8
  For clauses 4.2.7 and 4.2.8 substitute –
"4.2.7  Approval of overpack preparation method
 (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) In giving its approval, the Competent Authority may impose in relation to the approval any condition about the use of the overpack necessary for the safe use of the overpack to transport dangerous goods. (6.5, amd)
 (3) A person must not use an overpack to transport dangerous goods if the person knows, or ought reasonably to know, that—
 (a) a condition about the use of the overpack was imposed in relation to the approval of the method of preparing the overpack; and
 (b) the use is in contravention of the condition.
Offence provision.
4.2.8  Authorised body may issue approvals
 (1) The Competent Authority may authorise a person or body to issue approvals under {clauses} 4.2.4 and 4.2.7.
 (2) In giving its authorisation, the Competent Authority may impose in relation to the authorisation any condition it considers appropriate in relation to the issuing of approvals by the person or body.
 (3) In issuing an approval, in addition to complying with any condition imposed under {subclause (2)}, the person or body must also:
 (a) comply with any relevant requirements imposed by Part 6 of the ADG Code in relation to the issuing of the approval; and
 (b) give the Competent Authority, in relation to the approval, all of the information listed in {clause} 17.2.2.
 (4) If a person or body is authorised to issue approvals under this {clause}:
 (a) {clauses} 4.2.3, 4.2.4 and 4.2.7 apply as if a reference in those {clauses} to the Competent Authority was a reference to the person