Australian Capital Territory Numbered Regulations

DANGEROUS GOODS (ROAD TRANSPORT) REGULATION 2010 (NO 12 OF 2010) - REG 130

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

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

        (b)     fails to ensure that—

              (i)     for dangerous goods of UN class 2 that are not in the form of refrigerated liquid—the quantity of the goods in the tank to which the goods are transferred does not exceed the maximum permitted filling ratio set out in the ADG code, section 10.3.2; and

              (ii)     in any other case—the ullage in the tank complies with the ADG code, section 10.3.1.

Maximum penalty: 20 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).