Document ID: chunk:federal_register_of_legislation:F2016C00656:clause:1_4l:p16
Version: federal_register_of_legislation:F2016C00656
Segment Type: clause
Provision Reference: sch 1 cl 4L (pt 16/43)
Character Range: 60782–63420

provision.
3.1.4  Duty on loaders
  A person must not load dangerous goods on to a vehicle for transport if the person knows, or ought reasonably to know:
 (a) that a special provision applies to the transport of the goods; and
 (b) that the transport of the goods does not, or will not, comply with the special provision.
              Offence provision.
3.1.5  Duty on prime contractors and rail operators
  A prime contractor or rail operator must not transport dangerous goods if the prime contractor or rail operator knows, or ought reasonably to know:
 (a) that a special provision applies to the transport of the goods; and
 (b) that the transport of the goods does not comply with the special provision.
              Offence provision.
3.1.6  Duty on drivers
  A person must not drive a road vehicle transporting dangerous goods if the person knows, or ought reasonably to know:
 (a) that a special provision applies to the transport of the goods; and
 (b) that the transport of the goods does not comply with the special provision.
Offence provision.".

65.  Substitution of clauses 4.1.1 – 4.1.3
  For clauses 4.1.1 – 4.1.3 substitute –
"4.1.1  Packing of dangerous goods in limited quantities
  Dangerous goods packed in limited quantities do not need to be packed as required by this Part.
4.1.2  References to Part 4 of the ADG Code include Dangerous Goods List requirements
  In this Part, a reference to dangerous goods being packed in accordance with any relevant provision in Part 4 of the ADG Code is to be read as including a reference to the goods being packed in accordance with any packing requirement specified in relation to the goods in the Dangerous Goods List.".

66.  Substitution of clause 4.2.1
  For clause 4.2.1 substitute –
"4.2.1  Suitability of packaging for transport
 (1) Packaging is unsuitable for the transport of dangerous goods if:
 (a) it is required to undergo performance tests under Part 6 of the ADG Code, and it is not approved packaging; or
 (b) it does not meet any relevant standards or requirements specified by Part 4 or 6 of the ADG Code (including requirements with respect to inspection, maintenance and repair); or
 (c) its use, or reuse, for the transport of the goods does not comply with Part 4 or 6 of the ADG Code; or
 (d) its use for the transport of the goods is prohibited by a determination made under Division 1.6 of Part 1; or
 (e) it is incompatible with the 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