Document ID: chunk:federal_register_of_legislation:F2016C00656:clause:1_4l:p13
Version: federal_register_of_legislation:F2016C00656
Segment Type: clause
Provision Reference: sch 1 cl 4L (pt 13/43)
Character Range: 53149–56041

approved IBCs, tanks and MEGCs)
  For clause 1.6.2 substitute –
"1.6.2  {Reserved}".

59.  Insertion of clauses 1.6.4A and 1.6.4B
  After clause 1.6.4 insert –
"1.6.4A  Determinations may be subject to conditions
 (1) In making a determination, the Competent Authority may impose in relation to the determination any condition necessary for the safe transport of dangerous goods. (1.20)
 (2) A person to whom a determination applies must not contravene a condition of the determination.
Offence provision.
 {(3) An offence against {subclause} (2) is an offence of strict liability.} (17.7, amd/2)
1.6.4B  Effect of determinations on contrary obligations under {this subordinate law}
  If {this subordinate law} imposes an obligation on a person, and the person is authorised or permitted to act contrary to that obligation by a determination made under this Division, the obligation is to be read as if it stated that the person could  fulfil the obligation by acting in accordance with the determination.".

60.  Insertion of clause 1.6.7
  After clause 1.6.6 insert –
"1.6.7  Offence to do any thing prohibited or regulated by a determination
 (1) If a determination under this Division prohibits or regulates the doing of any thing, a person to whom the determination applies must not do that thing contrary to the determination.
Offence provision.
 (2) It is a defence to a prosecution for an offence against {subclause} (1) that the person did not know, and could not reasonably have been expected to know, of the determination, or that the determination applied to the person.".

61.  Standardisation of provision references
  In clauses 2.1.1 and 2.1.2(b), for "paragraph" (wherever occurring) substitute "{clause}".

62.  Definition of dangerous goods
  For clause 2.1.1(1)(b) substitute –
 "(b) the goods satisfy the dangerous goods classification criteria set out, or referred to, in Part 2 of the ADG Code.".

63.  Substitution of clauses 2.1.3 – 2.1.6
  For clauses 2.1.3 – 2.1.6 substitute –
"2.1.3  UN Classes, UN Divisions and Categories of dangerous goods
  The UN Class, Division or Category of particular dangerous goods for the purposes of {this subordinate law} is:
 (a) if a determination under paragraph 1.6.1(1)(b) that the goods are of a particular UN Class, Division or Category is in effect in relation to the goods—the Class, Division or Category specified in the determination; or
 (b) if no such determination is in effect—the Class, Division or Category determined for the goods in accordance with the ADG Code. (2.3, amd)
Note 1: Under the UN classification system there are 9 classes of dangerous goods.  Under that system some Classes are further divided into Divisions, and some Divisions are divided into Categories.
Examples: UN Division 6.2 infectious substances are divided into:
(a) Category A (substances transported in a form that, if exposure occurs,