Document ID: chunk:federal_register_of_legislation:F2016C00739:schedule:3:p6
Version: federal_register_of_legislation:F2016C00739
Segment Type: schedule
Provision Reference: sch 3 (pt 6/63)
Character Range: 29564–32302

an offence against these Regulations, it is material to prove that someone reasonably ought to have known or suspected something, the issue is to be decided having regard to:
 (a) the person's abilities, experience, qualifications and training; and
 (b) the circumstances of the alleged offence.

1.28  Penalties
 (1) This regulation applies to a provision prescribing a penalty for an offence.
 (2) The penalty is the maximum fine for an individual who is found guilty of the offence.
 (3) If a body corporate is found guilty of the offence, the maximum fine for the body corporate is 5 times the penalty.

Division 8—Other matters

1.29  Duty to find out whether goods are dangerous goods
 (1) This regulation applies if:
 (a) a person manufactures goods in Australia or imports goods into Australia; and
 (b) the goods are not dangerous goods under paragraph 2.2(1) (a), (b), (c) or (d); and
 (c) the goods are not goods to which a determination under paragraph 1.18(b) applies; but
 (d) the person suspects, or reasonably ought to suspect, that the goods satisfy the UN dangerous goods tests and criteria for determining whether goods are dangerous goods.
 (2) The person must not consign or transport the goods by road unless the person finds out whether the goods satisfy the tests and criteria.
Penalty: $3 000.

1.30  Declaration of non‑participating jurisdictions
  A State or the Northern Territory is not a participating jurisdiction if:
 (a) the Ministerial Council decides that the law of the State or Territory does not include provisions having the same, or substantially the same, effect as the Act and these Regulations; and
 (b) the Commonwealth Minister, by notice in the Commonwealth of Australia Gazette, declares that the State or Territory is not a participating jurisdiction.

1.31  Competent Authority and authorised officers to act as soon as practicable
  If:
 (a) the Competent Authority or an authorised officer is required to do something under these Regulations; and
 (b) no time limit is fixed within which the thing must be done;
the Authority or officer must do it as soon as practicable.

1.32  Identification cards
  The identification card of an authorised officer must contain:
 (a) a recent photograph of the officer; and
 (b) the name of the officer; and
 (c) the date of issue of the card; and
 (d) a date of expiry for the card; and
 (e) the name of the Competent Authority.

Part 2—Key concepts

Division 1—Kinds of goods

2.1  Goods too dangerous to be transported
 2.1 Goods are too dangerous to be transported if they are:
 (a) mentioned in Appendix 5 to the ADG Code; or
 (b) determined under paragraph 1.18(g) to be too dangerous to be transported.
Note: Section 36 of the Act provides that