(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