Document ID: chunk:federal_register_of_legislation:F2024C00392:schedule:2:p24
Version: federal_register_of_legislation:F2024C00392
Segment Type: schedule
Provision Reference: sch 2 (pt 24/84)
Character Range: 219048–221705

operator must not transport dangerous goods in a containment unit (other than a tank vehicle) provided by the prime contractor or rail operator if the containment unit is unsuitable for the transport of the goods.
Offence provision.
 (2) A prime contractor or rail operator must not transport dangerous goods in a containment unit (other than a tank vehicle) provided by someone else if the prime contractor or rail operator knows, or reasonably ought to know, that the containment unit is unsuitable for the transport of the goods.
Offence provision.
 {(3) An offence against {subclause} (1) is an offence of strict liability.} (4.12, 4.20, amd)

4.4.12  Prime contractor's and rail operator's duties—bulk containers
 (1) A prime contractor or rail operator must not transport dangerous goods in a bulk container provided by the prime contractor or rail operator unless:
 (a) the transport of the goods in the bulk container is authorised in Chapter 4.3 of the ADG Code; and
 (b) the goods are transported in accordance with Chapter 4.3 of the ADG Code.
Offence provision.
 (2) A prime contractor or rail operator must not transport dangerous goods in a bulk container provided by someone else if the person knows, or reasonably ought to know, that:
 (a) the transport of the goods in the bulk container is not authorised in Chapter 4.3 of the ADG Code; or
 (b) the goods are not being transported in the bulk container in accordance with Chapter 4.3 of the ADG Code.
 {(3) An offence against {subclause} (1) is an offence of strict liability.} (4.5, 4.12 amd)

4.4.13  Prime contractor's and rail operator's duties—tank vehicles
 (1) A prime contractor or rail operator must not transport dangerous goods in a tank vehicle provided by the prime contractor or rail operator unless:
 (a) the material of which the tank vehicle is constructed is compatible with the dangerous goods; and
 (b) the tank vehicle is not damaged or defective to the extent that it is not safe to use to transport the goods; and
 (c) the transport of the goods in the tank vehicle is permitted by Section 4.4.2.2 of the ADG Code; and
 (d) the goods are transported in the tank vehicle in accordance with Section 4.4.2 of the ADG Code.
Offence provision.
 (2) A prime contractor or rail operator must not transport dangerous goods in a tank vehicle provided by someone else if the person knows, or reasonably ought to know, that:
 (a) the material of which the tank vehicle is constructed is incompatible with the dangerous goods; or
 (b) the tank vehicle is damaged or defective to the extent that it is not safe to use to transport the goods; or
 (c) the tank vehicle has not been