Australian Capital Territory Numbered Regulations

DANGEROUS GOODS (ROAD TRANSPORT) REGULATION 2010 (NO 12 OF 2010) - REG 127

    (1)     A prime contractor commits an offence if the contractor—

        (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 avoids, eliminates or minimises risk.

Maximum penalty: 40 penalty units.

    (2)     An offence against this section is a strict liability offence.

    (3)     It is a defence to a prosecution for an offence against this section if the defendant proves that the defendant complied with the section as far as practicable.

Note     The defendant has a legal burden in relation to the matters mentioned in s (2) (see Criminal Code, s 59).

    (4)     However, subsection (3) does not apply in relation to a contravention of the requirement mentioned in subsection (5), definition of prescribed way , paragraph (b).

    (5)     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.