Document ID: chunk:federal_register_of_legislation:F2016C00739:schedule:3:p7
Version: federal_register_of_legislation:F2016C00739
Segment Type: schedule
Provision Reference: sch 3 (pt 7/63)
Character Range: 32078–34582

Goods are too dangerous to be transported if they are:
 (a) mentioned in Appendix 5 to the ADG Code; or
 (b) determined under paragraph 1.18(g) to be too dangerous to be transported.
Note: Section 36 of the Act provides that a person must not transport by road goods that the regulations identify as being too dangerous to be transported.

2.2  Dangerous goods
 (1) Goods are dangerous goods if they:
 (a) are named in a specific entry in column 2 in Appendix 2 to the ADG Code, but not in a generic entry or in an entry where the letters "N.O.S" are shown as part of the proper shipping name for the goods; or
 (b) satisfy the criteria in column 2 or 9 in the Appendix; or
 (c) satisfy the criteria in a Special Provision of the ADG Code that is applied by column 7 in the Appendix; or
 (d) are determined under paragraph 1.18(a) to be dangerous goods; or
 (e) satisfy the UN dangerous goods tests and criteria for determining whether goods are dangerous goods.
 (2) However, goods are not dangerous goods if they are determined under paragraph 1.18(b) not to be dangerous goods.
 (3) Also, dangerous goods of Class 1, 6.2 or 7 are not taken to be dangerous goods for these Regulations, except regulation 2.3.

2.3  Classes of dangerous goods
 (1) In these Regulations, a reference to:
 (a) a Class of dangerous goods is a reference to the Class to which the goods are assigned under subregulation (2); and
 (b) a Class by number, or number and letter, is a reference to the number, or number and letter, of the Class to which the goods are assigned.
 (2) Dangerous goods are assigned to a Class if the goods:
 (a) are assigned to the Class in column 3 in Appendix 2 to the ADG Code; or
 (b) are assigned to the Class in a Special Provision of the ADG Code applying to the goods; or
 (c) satisfy the criteria in column 9 in Appendix 2 to the ADG Code for assignment to the Class; or
 (d) are determined under paragraph 1.18(c) to be dangerous goods of the Class; or
 (e) satisfy the UN dangerous goods tests and criteria for assignment to the Class.

2.4  Subsidiary Risk
 (1) In these Regulations, a reference to:
 (a) dangerous goods with a Subsidiary Risk is a reference to the dangerous goods assigned the Subsidiary Risk under subregulation (2); and
 (b) a Subsidiary Risk by number is a reference to the number of the Subsidiary Risk with which the dangerous goods are assigned.
 (2) Dangerous goods are assigned a Subsidiary Risk if the goods:
 (a) are assigned the Subsidiary Risk in column 4 in