Australian Capital Territory Numbered Regulations

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DANGEROUS GOODS (ROAD TRANSPORT) REGULATION 2010 (NO 12 OF 2010) - REG 57

Offence—sell or supply non-compliant packaging

    (1)     A person commits an offence if the person sells, supplies, or offers to sell or supply, packaging for use in the transport of dangerous goods.

Maximum penalty: 40 penalty units.

    (2)     Subsection (1) does not apply if the packaging—

        (a)     is of a design that has been approved under section 50 (Approvals—packaging designs), and it is marked in accordance with the ADG code, part 6 (or, if applicable, chapter 3.4) and, according to the marking, its use is appropriate for the goods; or

        (b)     complies with the relevant requirements of the ADG code, part 4 or part 6 (or, if applicable, chapter 3.4) (including any relevant marking requirements) and its use is appropriate for the goods.

Note     The defendant has an evidential burden in relation to the matters mentioned in s (2) (see Criminal Code, s 58).

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

Part 6.3     Offences—general packaging



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