Australian Capital Territory Numbered Regulations

DANGEROUS GOODS (ROAD TRANSPORT) REGULATION 2010 (NO 12 OF 2010) - REG 122

    (1)     A person commits an offence if the person—

        (a)     is engaged in the bulk transfer of dangerous goods; and

        (b)     fails to ensure that the goods are transferred—

              (i)     in the prescribed way; and

              (ii)     in a way that eliminates the risk, or if it is not possible to eliminate the risk, that minimises the risk to the maximum extent that is practicable.

Maximum penalty: 20 penalty units.

    (2)     A person commits an offence if the person—

        (a)     is engaged in the bulk transfer of dangerous goods; and

        (b)     knows, or ought reasonably to know, that—

              (i)     the receiving receptacle or the transfer equipment is incompatible with the dangerous goods; or

              (ii)     the receptacle contains incompatible goods.

Maximum penalty: 20 penalty units.

    (3)     A person commits an offence if—

        (a)     the person is engaged in the bulk transfer of dangerous goods; and

        (b)     during the transfer, dangerous goods leak, spill or accidentally escape; and

        (c)     the person fails to—

              (i)     immediately stop transferring the goods; or

              (ii)     take all practicable steps to avoid, eliminate or minimise risk; or

              (iii)     not start transferring the goods again until the conditions causing the leak, spill or escape have been rectified.

Maximum penalty: 20 penalty units.

    (4)     An offence against subsection (1) or (3) is a strict liability offence.

    (5)     It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that the defendant complied with the subsection as far as practicable.

    (6)     However, subsection (5) does not apply in relation to a contravention of the requirement mentioned in subsection (7), definition of prescribed way , paragraph (b).

Note     The defendant has a legal burden in relation to the matters mentioned in s (4) (see Criminal Code, s 59).

    (7)     In this section:

"prescribed way", for the bulk transfer of dangerous goods, means a way that—

        (a)     subject to paragraph (b), complies with the ADG code, chapter 10.2; and

        (b)     ensures the distance between a source of ignition and any hose connection point is at least—

              (i)     for dangerous goods of UN division 2.1 or subsidiary risk 2.1—10m; or

              (ii)     for dangerous goods of UN class 3 or subsidiary risk 3—8m.