Document ID: chunk:federal_register_of_legislation:F2024C00392:schedule:2:p37
Version: federal_register_of_legislation:F2024C00392
Segment Type: schedule
Provision Reference: sch 2 (pt 37/84)
Character Range: 251200–253885

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 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) An offence against {subclause} (1) is an offence of strict liability.} (10.8‑rail, amd)

Division 10.3—Filling ratio and ullage

10.3.1  Application of Division
  This Division applies to bulk transfer into a tank vehicle.

10.3.2  Transferor's duties
 (1) A person engaged in the bulk transfer of dangerous goods must ensure that:
 (a) for dangerous goods of UN Class 2 that are not in the form of refrigerated liquid—the quantity of the goods in the tank to which the goods are transferred does not exceed the maximum permitted filling ratio set out in section 10.3.2 of the ADG Code; and
 (b) in any other case—the ullage in the tank complies with section 10.3.1 of the ADG Code.
Offence provision.
 {(2) It is a defence to a prosecution for an offence against {subclause} (1) that the person complied with the {subclause} as far as practicable.} (10.1, amd/2)

10.3.3  Prime contractor's and rail operator's duties
 (1) A prime contractor or rail operator must not engage in the bulk transfer of dangerous goods if:
 (a) for dangerous goods of UN Class 2 that are not in the form of refrigerated liquid—the quantity of goods in the tank exceeds the maximum permitted filling ratio set out in section 10.3.2 of the ADG Code; or
 (b) in any other case—the ullage in the tank does not comply with section 10.3.1 of the ADG Code.
Offence provision.
 {(2) An offence against {subclause} (1) is an offence of strict liability.} (10.2. amd/2)

10.3.4  Driver's duties
  A person must not drive a road tank vehicle that is transporting dangerous goods if the person knows, or reasonably ought to know, that:
 (a) for dangerous goods of UN Class 2 that are not in the form of refrigerated liquid—the quantity of goods in the tank exceeds the maximum permitted filling ratio set out in section 10.3.2 of the ADG Code; or
 (b) in any other case—the ullage in the tank does not comply with section 10.3.1 of the ADG Code. (10.3, amd/2)
Offence provision.

Part 11—Documentation

Division 11.1—Transport documentation

11.1.1  False or misleading information
  A person must not include information in transport documentation for dangerous goods that the person knows or reasonably ought to know is false or misleading in a material