Document ID: chunk:federal_register_of_legislation:F2016C00656:clause:1_4l:p25
Version: federal_register_of_legislation:F2016C00656
Segment Type: clause
Provision Reference: sch 1 cl 4L (pt 25/43)
Character Range: 82769–85428

the load on any thing that is being, or that is to be, used to transport the load.
 (2) In this Division, a placard load is appropriately placarded if it is placarded in accordance with Chapter 5.3 of the ADG Code. (7.6, amd)".

77.  Duties in relation to placarding
 (1) For clause 5.3.3(3) substitute –
 "(3) A person must not consign goods for transport in or on a transport unit that does not contain dangerous goods but that is placarded as if it was a placard load.
Offence provision.   (7.7, amd/2)".
 (2) In clauses 5.3.4(1) and (2), before "for transport" insert "on to a vehicle".
 (3) For clause 5.3.4(3) substitute –
 "(3) A person who loads goods on to a vehicle for transport must not placard the load as if it was a placard load if the person knows, or reasonably ought to know, that the load does not contain dangerous goods.
Offence provision.".
 (4) For clause 5.3.5(3) substitute –
 "(3) A prime contractor or rail operator must not use a transport unit that is placarded as if it was a placard load if the person knows or reasonably ought to know that the transport unit does not contain dangerous goods.
Offence provision.   (7.9)".
 (5) For clause 5.3.6(3) substitute –
 "(3) A person must not drive a road vehicle that is, or that incorporates, a transport unit that is placarded as if it was a placard load if the person knows or reasonably ought to know that the vehicle does not contain dangerous goods.
Offence provision.   (7.10 – road only)".

78.  Minor amendments
 (1) In clause 6.1.3, for "for transport in or on a vehicle" substitute "on to a vehicle for transport".
 (2) In clause 6.1.5, for "the road" substitute "the".
 (3) In clauses 7.1.1, 7.1.2 and 7.1.3(1), omit "by road or rail".
 (4) In clause 7.1.1(a), after "gases of" insert "UN".
 (5) In clause 7.1.1(d), omit "stabilized by temperature control".
 (6) For clause 7.1.1(d)(ii) substitute –
 "(ii) the self‑accelerating decomposition temperature (as determined in accordance with Part 2 of the ADG Code) when presented for transport in a packaging is 50°C or lower;".
 (7) In clause 7.1.2, for ", or stowed, transported or unloaded" substitute "or stowed, or cannot be transported or unloaded,".
 (8) In clause 7.1.3(1), for "for transport in a transport unit" substitute "that are in a transport unit on to a vehicle".

79.  Substitution of clauses 7.1.4 and 7.1.5
  For clauses 7.1.4 and 7.1.5 substitute –
"7.1.4  Prime contractor's and rail operator's duties
 (1) A prime contractor or rail operator must not transport dangerous goods to which this Division applies if the contractor or rail operator knows, or reasonably ought to know, that the transport does