Document ID: chunk:federal_register_of_legislation:F2016C00656:clause:1_4l:p17
Version: federal_register_of_legislation:F2016C00656
Segment Type: clause
Provision Reference: sch 1 cl 4L (pt 17/43)
Character Range: 63211–65976

goods; or
 (f) it is damaged or defective to the extent that it is not safe to use to transport the goods.
 (2) A freight container is also unsuitable for use as a bulk container for the transport of dangerous goods if it does not have affixed to it a Safety Approval Plate as required under the International Convention for Safe Containers 1972.".

67.  Marking packaging
 (1) In clause 4.2.2(1), for "approved packaging" substitute "of a design approved under {clause} 4.2.4".
 (2) In clause 4.2.2(2), for "that" substitute "if the marking".

68.  Substitution of clauses 4.2.3 and 4.2.4
  For clauses 4.2.3 and 4.2.4 substitute –
"4.2.3  Applications for approval of packaging design
 (1) This {clause} applies to packaging that is required to undergo tests under Part 6 of the ADG Code.
 (2) A person may apply to the Competent Authority for the approval of a design of packaging to which this clause applies for use in the transport of dangerous goods.
Examples: Portable tanks, MEGCs, tanks on tank vehicles, pressure receptacles, aerosol dispensers, IBCs, bulk containers and drums, barrels, jerry cans, boxes, bags and composite packaging are some of the kinds of packaging required to undergo tests under Part 6 of the ADG Code. Performance tests include drop, leakproofness, hydraulic and stacking tests.
 (3) An application for approval must:
 (a) be made in accordance with {clause} 17.1.1; and
 (b) include the information required under Part 6 of the ADG Code; and
 (c) if a fee is prescribed for the application, be accompanied by the prescribed fee. (4.24, amd)
4.2.4  Approval of packaging designs
 (1) The Competent Authority may, on application in accordance with {clause} 4.2.3, approve a design for a packaging for use in the transport of dangerous goods if it is satisfied that a packaging of that design:
 (a) will comply with, or is permitted by, Part 6 of the ADG Code; and
 (b) satisfies all the relevant testing and inspection requirements set out in that Part.
 (2) In determining whether packaging of a particular design satisfies any particular testing requirement, the Competent Authority may rely on any test certificate issued by a recognised testing facility (as defined by {clause 4.2.5}) that complies with {clause 4.2.6}.
 (3) In giving its approval, the Competent Authority may impose in relation to the approval any condition about the construction, packing, use or maintenance of a packaging manufactured in accordance with the design necessary for the safe use of the packaging to transport dangerous goods. (3.8, 4.25 and 4.26, amd)
 (4) A person must not construct, pack or fail to maintain packaging for use in the transport of dangerous goods, or use packaging to transport dangerous goods, if the person knows, or ought