Victorian Consolidated Regulations

2 Reg. 256(1): S.R. No. 127/2000 as amended by S.R. Nos 96/2005 and 54/2007. - SECT 56

Approval of packaging designs

56. Approval of packaging designs



(1) The Authority may, on application in accordance with regulation 55,
approve a design for a packaging for use in the transport of dangerous goods
if it is satisfied that a packaging of that design-

   (a)  will comply with, or is permitted by, Part 6 of the ADG Code; and

   (b)  satisfies all the relevant testing and inspection requirements set out
        in that Part.

(2) In determining whether packaging of a particular design satisfies any
particular testing requirement, the Authority may rely on any test certificate
issued by a recognised testing facility (as described in regulation 57(1))
that complies with regulation 57.

(3) In giving its approval, the Authority may impose in relation to the
approval any condition about the construction, packing, use or maintenance of
a packaging manufactured in accordance with the design necessary for the safe
use of the packaging to transport dangerous goods.

(4) A person must not construct, pack or fail to maintain packaging for use in
the transport of dangerous goods, or use packaging to transport dangerous
goods, if the person knows, or ought reasonably to know, that-

   (a)  a condition about the construction, packing, maintenance or use of the
        packaging, as the case may be, was imposed in relation to the approval
        of the design for the packaging; and

   (b)  the construction, packing, failure to maintain, or use is in
        contravention of the condition.

Penalty: 35 penalty units for a natural person; 175 penalty units for a body
corporate.