Consultation Draft - National Transport Commission

"(4) {Subclause} (3) does not apply if the placarding of the transport unit
complies with the requirements of the ICAO Technical Instructions or the
IMDG Code with respect to the contents of the transport unit.".
(5) After clause 5.3.4(3) insert –
"(4) {Subclause} (3) does not apply if the placarding of the load complies with
the requirements of the ICAO Technical Instructions or the IMDG Code
with respect to the contents of the load.".
(6) After clause 5.3.5(3) insert –
"(4) {Subclause} (3) does not apply if the placarding of the transport unit
complies with the requirements of the ICAO Technical Instructions or the
IMDG Code with respect to the contents of the transport unit.".
11. Loader to comply with ADG Code Chapter 7.1 provisions
For clause 7.1.3(1) substitute –
"(1) A person must not load dangerous goods to which this Division applies for
transport by road or rail in a cargo transport unit other than in accordance
with Chapter 7.1 of the ADG Code.
Offence provision.".
12. Ullage requirements to also apply to other goods
(1) After clause 10.3.2(1) insert –
"(1A) If –
(a)
(b)
a person is engaged in the bulk transfer of goods that are not
dangerous goods to a tank; and
the tank is on, or part of, a vehicle that is carrying dangerous goods
–
the person must ensure that the ullage in the tank complies with section
10.3.1 of the ADG Code as if the goods were dangerous goods.
Offence provision.".
[Drafter's Note: At present this new provision applies to both road and rail vehicles on the basis
that clause 10.3.3 does the same.]
(2) In clause 10.3.2(2), after "{subclause} (1)" insert "or (1A)".
(3) After clause 10.3.3(1) insert –
"(1A) If –
(a)
(b)
a prime contractor or rail operator uses a vehicle to transport a tank
containing goods that are not dangerous goods; and
at the same time uses the vehicle to also transport dangerous goods
–
CONSULTATION DRAFT
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