Document ID: chunk:federal_register_of_legislation:F2024C00392:schedule:2:p38
Version: federal_register_of_legislation:F2024C00392
Segment Type: schedule
Provision Reference: sch 2 (pt 38/84)
Character Range: 253590–256462

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 particular. (11.1)
Offence provision.
Example of false information in transport documentation
A person named as consignor of the dangerous goods if the person is not the consignor of the goods.

11.1.2  Consignor's duties—transport by road
 (1) A person must not consign dangerous goods for transport in or on a road vehicle if the prime contractor or driver of the road vehicle does not have transport documentation that complies with Chapter 11.1 of the ADG Code for the goods.
Offence provision.
 (2) A person must not consign dangerous goods for transport by road if:
 (a) the person knows, or reasonably ought to know, that the goods will be divided into, and transported in, separate loads; and
 (b) the prime contractor, or the driver of each road vehicle transporting the load, has not been given separate transport documentation that complies with Chapter 11.1 of the ADG Code for each load.
Offence provision.
 {(3) For this {clause}:
 (a) an offence against {subclause} (1) is an offence of strict liability; and
 (b) strict liability applies to paragraph (2) (b).} (11.2‑road, amd/2)

11.1.3  Consignor's duties—transport by rail
 (1) A person must not consign dangerous goods for transport in or on a unit of rolling stock if the rail operator does not have transport documentation that complies with Chapter 11.1 of the ADG Code for the goods.
Offence provision.
 (2) A person is taken to have satisfied {subclause} (1) if the person has communicated the contents of the transport documentation to the rail operator by means of electronic data processing or electronic data interchange. (11.2‑rail)
 {(3) An offence against {subclause} (1) is an offence of strict liability.}

11.1.4  Prime contractor's duties
 (1) A prime contractor must ensure that a person does not drive a road vehicle used by the prime contractor to transport dangerous goods if the person has not been given transport documentation that complies with Chapter 11.1 of the ADG Code for the goods. (11.3‑road, amd/2)
Offence provision.
 {(2) An offence against {subclause} (1) is an offence of strict liability.}

11.1.5  Rail operator's duties
 (1) A rail operator must not transport dangerous goods by rail unless the driver of the train transporting the goods has been given transport documentation that complies with Chapter 11.1 of the ADG Code for the goods.
Offence provision.
 {(2) An offence against {subclause} (1) is an offence of strict liability.}

11.1.6  Driver's duties
 (1) The driver of a road vehicle transporting dangerous goods must carry transport documentation for the