Document ID: chunk:federal_register_of_legislation:F2016C00739:schedule:3:p13
Version: federal_register_of_legislation:F2016C00739
Segment Type: schedule
Provision Reference: sch 3 (pt 13/63)
Character Range: 46305–49060

is not safe to use to transport the goods by road.
Penalty: $1 000.

Division 2—Approval of packaging design types

3.8  Approvals
 (1) The Competent Authority may, on application made in accordance with regulation 17.1, approve a packaging design type for use in the transport of dangerous goods by road if:
 (a) the applicant has carried out the tests required under Chapter 3 of the ADG Code; and
 (b) the Authority considers that a packaging of that design type would be safe for use in the transport of the goods by road.
 (2) The approval of a packaging design type may be subject to any condition necessary for the safe transport of dangerous goods by road in packaging of that design type.

3.9  Recognised testing facilities
  The following testing facilities are recognised testing facilities for a packaging design type:
 (a) a testing facility registered by NATA to conduct performance tests under Chapter 3 of the ADG Code for the packaging design type;
 (b) if NATA has not registered a testing facility to conduct performance tests of that kind—a testing facility in Australia capable of conducting the tests;
 (c) a facility in a foreign country approved by a public authority of the country to conduct performance tests of that kind.

3.10  Test certificates
 (1) A recognised testing facility may certify in writing that a packaging design type has passed particular performance tests for particular dangerous goods.
 (2) If a performance test is conducted by a testing facility registered by NATA, any test certificate must:
 (a) contain the details required under Division 3.7 of the ADG Code; and
 (b) be in the appropriate form used by NATA registered testing facilities.
 (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 the details required under Division 3.7 of the ADG Code.

Division 3—Competent Authority's performance testing powers

3.11  Requiring production of packaging for testing
 (1) This regulation applies to a person who:
 (a) is:
 (i) a manufacturer of packaging used, or intended to be used, to transport dangerous goods by road; or
 (ii) the consignor or prime contractor for the transport of packaged dangerous goods by road; and
 (b) has possession of, or control over, packaging of a design type used, or intended to be used, to transport dangerous goods by road.
 (2) The Competent Authority may, by written notice, require the person to produce packaging manufactured or used by the person for performance testing.
 (3) The person must produce the packaging to the Competent Authority, or someone nominated in the notice, within 14