Document ID: chunk:federal_register_of_legislation:F2016C00656:clause:1_4l:p27
Version: federal_register_of_legislation:F2016C00656
Segment Type: clause
Provision Reference: sch 1 cl 4L (pt 27/43)
Character Range: 87560–90275

or rail operator knows, or reasonably ought to know, that the goods or their packaging have not been stowed or loaded, or are not restrained, in accordance with Part 8.1 of the ADG Code. (9.11, amd/2)
Offence provision.
 (2) A prime contractor or rail operator must not transport dangerous goods in or on a transport unit if the prime contractor or rail operator knows, or reasonably ought to know, that the goods or their packaging are not restrained in accordance with Chapter 8.2 of the ADG Code. (9.11, amd/2)
Offence provision.
8.1.4  Driver's duties
 (1) A person must not drive a road vehicle transporting a load of dangerous goods that is a placard load if the person knows, or reasonably ought to know, that the goods or their packaging have not been stowed or loaded, or are not restrained, in accordance with Part 8.1 of the ADG Code. (9.12‑road only, amd/2)
Offence provision.
 (2) A person must not drive a road vehicle transporting dangerous goods in a transport unit if the person knows, or reasonably ought to know, that the goods or their packaging are not restrained in accordance with Chapter 8.2 of the ADG Code.
Offence provision.".

81.  Changes concerning segregation
 (1) In clause 9.1.1 –
 (a) for "This" substitute "(1)         This";
 (b) in paragraph (b), after "UN Class 8" insert ", or dangerous goods that have a Subsidiary Risk of 6.1 or 8,".
 (2) At the end of clause 9.1.1 insert –
 "(2) Dangerous goods packed in limited quantities do not need to comply with this Part.".
 (3) In clause 9.1.2, for "incompatible" substitute "dangerous".
 (4) In clauses 9.1.3 – 9.1.7 –
 (a) omit paragraph (b)(ii);
 (b) for paragraph (b)(iii) substitute –
 "(ii) any approval under {clause} 9.1.9.".
 (5) In clause 9.1.4 –
 (a) omit "or in a freight container";
 (b) in paragraph (a), omit "or freight container".

82.  Substitution of clause 9.1.8
  For clause 9.1.8 substitute –
"9.1.8  Approvals—Type II segregation devices
 (1) An application for approval of a design for a Type II segregation device for use in the transport of dangerous goods must:
 (a) include any information required under Chapter 6.11 of the ADG Code; and
 (b) if a fee is prescribed for the application—be accompanied by the prescribed fee.
 (2) The Competent Authority may, on application in accordance with {subclause} (1) and {clause} 17.1.1, approve a design for a Type II segregation device if the design complies with Chapter 6.11 of the ADG Code.
9.1.9  Approvals—methods of segregation
 (1) The Competent Authority may, on application made in accordance with {clause} 17.1.1, approve a method of segregation not complying with Part 9 of the ADG Code for transporting dangerous and incompatible goods by road, if