Document ID: chunk:federal_register_of_legislation:F2024C00392:schedule:2:p36
Version: federal_register_of_legislation:F2024C00392
Segment Type: schedule
Provision Reference: sch 2 (pt 36/84)
Character Range: 248739–251429

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 and tested at the intervals, and in the way, required under the Chapter; and
 (c) satisfies each test under the Chapter.
Offence provision.
 (2) The occupier of premises where bulk transfer of dangerous goods occurs 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.
 (3) The occupier must keep, in accordance with section 10.1.3.4 of the ADG Code, accurate records of all maintenance work, and each inspection and test, carried out on the hose assembly.
Offence provision.
 {(4) An offence against {subclause} (3) is an offence of strict liability.}
 {(5) It is a defence to a prosecution for an offence against {subclause} (2) that the person complied with that {subclause} as far as practicable.} (10.7, amd/1 and 2)

10.2.5  Prime contractor's duties
 (1) A prime contractor must not engage in the bulk transfer of dangerous goods if a hose assembly that is used, or intended to be used, for the transfer of the dangerous goods (other than a hose assembly for which the prime contractor is not responsible):
 (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.
 (2) A prime contractor engaged in the bulk transfer of dangerous goods must ensure that dangerous 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.
 (3) The prime contractor must keep, in accordance with section 10.1.3.4 of the ADG Code, accurate records of all maintenance work, and each inspection and test, carried out on the hose assembly.
Offence provision.
 {(4) An offence against {subclause} (1) or (3) is an offence of strict liability.}
 {(5) It is a defence to a prosecution for an offence against {subclause} (2) that the person complied with that {subclause} as far as practicable.} (10.8, amd/1 and 2)

10.2.6  Rail operator's duties
 (1) A rail operator must not engage in the bulk transfer of dangerous goods if a hose assembly that is used, or intended to be used, for the transfer of the dangerous goods (other than a hose assembly for which the rail operator is not responsible):
 (a) was not constructed, assembled and