Document ID: chunk:federal_register_of_legislation:F2016C00656:clause:1_4l:p19
Version: federal_register_of_legislation:F2016C00656
Segment Type: clause
Provision Reference: sch 1 cl 4L (pt 19/43)
Character Range: 68236–70938

{clause} 17.2.2.
 (4) If a person or body is authorised to issue approvals under this {clause}:
 (a) {clauses} 4.2.3, 4.2.4 and 4.2.7 apply as if a reference in those {clauses} to the Competent Authority was a reference to the person or body; and
 (b) Divisions 17.1 and 17.4, to the extent that they deal with approvals, apply as if a reference in those Divisions to the Competent Authority was a reference to the person or body; and
 (c) a reference in {this subordinate law} to an approval under {clause} 4.2.4 or 4.2.7 includes a reference to an approval given by the body or other person under {clause} 4.2.4 or 4.2.7 as applied under paragraph (a); and
 (d) {clauses} 19.1.1(e), (f) and (i) apply as if a reference in {clause} 19.1.1 to the Competent Authority was a reference to the person or body.
 (5) The Competent Authority may withdraw an authorisation granted under this {clause} at any time.
 (6) The withdrawal of an authorisation does not affect any approval issued by the person or body before the withdrawal took effect.".

71.  Substitution of Divisions 4.3 – 4.6 of Part 4
  In Part 4, for Divisions 4.3 – 4.6 substitute –
"Division 4.3—Prohibition on the sale or supply of non‑compliant packaging
4.3.1  Offence to sell or supply non‑compliant packaging
 (1) A person must not sell, supply, or offer to sell or supply, any packaging for use in the transport of particular dangerous goods unless:
 (a) it is packaging of a design that has been approved under {clause 4.2.4}, and it is marked in accordance with Part 6 (or, if applicable, Chapter 3.4) of the ADG Code, and, according to the marking, its use is appropriate for those goods; or
 (b) it complies with the relevant requirements of Parts 4 and 6 (or, if applicable, Chapter 3.4) of the ADG Code (including any relevant marking requirements) and its use is appropriate for those goods.
Offence provision. (new, based on 4.7, also includes 4.16 as amd)
 {(2) An offence against {subclause} (1) is an offence of strict liability.}
Division 4.4—Offences relating to general packaging
4.4.1  Meaning of general packaging in this Division
  In this Division, general packaging means all packaging (including large packagings) other than portable tanks, MEGCs, bulk containers, freight containers, tanks on tank vehicles and overpacks. general packaging.
4.4.2  Duty on consignors
  A person must not consign dangerous goods for transport in any general packaging if the person knows, or ought reasonably 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.