Document ID: chunk:federal_register_of_legislation:F2016C00656:clause:1_4l:p20
Version: federal_register_of_legislation:F2016C00656
Segment Type: clause
Provision Reference: sch 1 cl 4L (pt 20/43)
Character Range: 70715–73325

to know, that:
 (a) the packaging is unsuitable for the transport of the goods; or
 (b) the goods have not been packed in the packaging in accordance with any relevant provision in Part 4 of the ADG Code.
Offence provision.
4.4.3  Duty on packers
 (1) A person must not pack dangerous goods for transport in any general packaging if the person knows, or ought reasonably to know, that the packaging is unsuitable for the transport of the goods.
Offence provision.
 (2) A person must not pack dangerous goods for transport in any general packaging in a way that the person knows, or ought reasonably to know, does not comply with any relevant provision in Part 4 of the ADG Code.
Offence provision.
4.4.4  Duty on loaders
  A person must not load dangerous goods that are in any general packaging on to a vehicle for transport if the person knows, or ought reasonably to know, that the packaging is damaged or defective to the extent that it is not safe to use to transport the goods.
Offence provision.
4.4.5  Duty on prime contractors and rail operators
  A prime contractor or rail operator must not transport dangerous goods in any general packaging if the prime contractor or rail operator knows, or ought reasonably to know, that the packaging is damaged or defective to the extent that it is not safe to use to transport the goods.
Offence provision.
4.4.6  Duty on drivers
  A person must not drive a road vehicle transporting dangerous goods in any general packaging if the person knows, or ought reasonably to know, that the packaging is damaged or defective to the extent that it is not safe to use to transport the goods by road.
Offence provision.
Division 4.5—Offences relating to other packaging
4.5.1  Meaning of other packaging in this Division
  In this Division, other packaging means MEGCs, portable tanks, demountable tanks, bulk containers, freight containers and tanks on tank vehicles.
4.5.2  Duty on manufacturers – compliance plates – portable tanks, MEGCs and tank vehicles
 (1) A person who manufactures a portable tank or an MEGC for use in the transport of dangerous goods must attach a compliance plate to the tank or MEGC in accordance with Chapter 6.7 of the ADG Code.
Offence provision.  (new)
 (2) {Subclause (1) does not apply to a person in relation to a portable tank if Chapter 6.7 of the ADG Code permits the marking of the tank instead of the attachment of a compliance plate, and if the tank is marked as required by that Chapter.
 (3) A person who manufactures a tank vehicle for use in the transport of dangerous goods must attach a compliance plate to the vehicle in