Document ID: chunk:federal_register_of_legislation:F2016C00656:clause:1_4l:p23
Version: federal_register_of_legislation:F2016C00656
Segment Type: clause
Provision Reference: sch 1 cl 4L (pt 23/43)
Character Range: 77907–80585

an overpack if the prime contractor knows, or reasonably ought to know, that the preparation of the overpack or its contents, does not comply with either:
 (a) section 5.1.2 of the ADG Code; or
 (b) an approval under {clause} 4.2.7.
              Offence provision.
4.6.5  Duty on drivers
  A person must not drive a road vehicle transporting dangerous goods in an overpack if the person knows, or reasonably ought to know, that the preparation of the overpack or its contents, does not comply with either:
 (a) section 5.1.2 of the ADG Code; or
 (b) an approval under {clause} 4.2.7.
              Offence provision.".

72.  Substitution of clauses 5.2.1 and 5.2.2
  For clauses 5.2.1 and 5.2.2 substitute –
"5.2.1  {reserved}".
5.2.2  Meaning of appropriately marked
 (1) Any receptacle (other than a transport unit or an overpack) that has a capacity of more than 500 kilograms or litres is appropriately marked if it is marked and labelled in accordance with Chapters 5.2 and 5.3.3 of the ADG Code. (7.2, amd)
 (2) Any other package of dangerous goods (other than an overpack) is appropriately marked if it is marked and labelled in accordance with Chapter 5.2 of the ADG Code. (7.2, amd)
 (3) An overpack is appropriately marked if it is marked and labelled in accordance with Section 5.1.2 of the ADG Code.
 (4) A package of dangerous goods that are packed in limited quantities is also appropriately marked if it is marked and labelled in accordance with Chapter 3.4 of the ADG Code.
 (5) A package of dangerous goods that are to be transported as a retail distribution load in accordance with Chapter 7.3 of the ADG Code is also appropriately marked if it is marked and labelled in accordance with that Chapter.".

73.  Duty of consignors in relation to marking
  In clause 5.2.3 –
 (a) omit "or overpack" (wherever occurring);
 (b) in subclauses (1) and (2), after "transport" insert "in a package";
 (c) in subclause (3), after "but" insert "that".

74.  Substitution of clauses 5.2.4 and 5.2.5
  For clauses 5.2.4 and 5.2.5 substitute –
"5.2.4  Packer's duties
 (1) A person must not pack dangerous goods for transport in a package if the person knows, or reasonably ought to know, that the package is not, or will not be once the package is ready to be transported, appropriately marked.
Offence provision.
 (2) A person who packs dangerous goods for transport in a package must not mark or label the package with a marking or label about its contents that the person knows, or reasonably ought to know, is false or misleading in a material particular.
Offence provision.
 (3) A person who packs goods for transport in a package must not mark or label the package as