Part 8 Packaging of, and containers for, dangerous goods

207   Packagings and intermediate bulk containers to conform to requirements

(1)  A person must not:

(a)  place dangerous goods into a packaging or IBC, or

(b)  import into the State, convey or sell dangerous goods that are in a packaging or IBC, or

(c)  represent by advertisement in any medium, or otherwise, that a container manufactured or proposed to be manufactured by him or her is or will be suitable for use as a packaging or IBC for any dangerous goods,

      if any requirements are prescribed by this Part in respect of packagings, IBC’s or containers for those goods and the packaging, IBC or container does not conform to those requirements or has not been approved for use as a packaging, IBC or container for those goods.

Contravention of this subclause is an offence and is punishable in accordance with clause 340.

(2)  Subclause (1) does not apply to or in respect of:

(a)  a sale of less than the prescribed quantity of dangerous goods, or

(b)  the placing of dangerous goods in a packaging in the course of or for the purposes of a sale referred to in paragraph (a), or

(c)  the importation into the State of a consignment of dangerous goods comprising less than the prescribed quantity, or

(d)  the carriage of less than the prescribed quantity of dangerous goods in or on a transport container, or

(e)  any loading, unloading or other conveyance of dangerous goods that is incidental to such sale, importation or carriage,

      if the goods are in or (in the case referred to in paragraph (b)) placed into a substantial packaging.

(3)  For the purposes of subclause (2):

(a)  the prescribed quantity of goods is 25 litres if the goods are liquid or 25 kilograms if they are not liquid, and

(b)  a packaging is substantial if it appears from a reasonable inspection that it is soundly constructed and, in such circumstances as can reasonably be expected to occur, will not allow the goods in it to escape by leakage or otherwise, and

(c)  sales of goods are taken to be a single sale if they are made between the same persons at the same time and place or if they constitute or are part of a single dealing.

(4)  Subclause (1) does not apply to or in respect of the placing into packagings or conveying of goods that are for the time being in immediate use.

(5)  A person does not contravene subclause (1) by importing into the State, conveying or selling goods that are in a packaging or IBC if:

(a)  he or she did not place the goods into that packaging or IBC, and

(b)  the packaging or IBC appears to have been marked in accordance with this Part, and

(c)  he or she does not know and has no reasonable cause for believing or suspecting that the packaging or IBC does not conform to the requirements of this Part.

208   Packaging and intermediate bulk container requirements

(1)  A packaging or IBC for dangerous goods of Class 1 must conform to the specifications set out in Section 5 of the Australian Explosives Code.

(2)  Subclause (1) applies to and in respect of an IBC or an outer or immediate packaging for dangerous goods of Class 1 as if it were a packaging for dangerous goods of Packing Group II.

(3)  A packaging for combustible liquids must be soundly constructed so as to prevent any escape of the liquids by leakage or otherwise.

209   Special packaging requirements

(1)  A packaging for dangerous goods of Class 5.1, being pool chlorine intended for display for sale by retail, must not have a capacity greater than 20 kilograms.

(2)  An inner or immediate packaging, being a packaging for dangerous goods of Class 2, must be:

(a)  a cylinder of a type listed in AS 2030 (The approval, filling, inspection, testing and maintenance of cylinders for the storage and transport of compressed gases), or

(b)  an approved welded steel drum, or

(c)  a refillable container designed and manufactured to withstand without bursting a pressure of at least 7 000 kilopascals and that is equipped with visual or other approved means of indicating to a person filling it when the filling ratio for which it was designed has been reached, or

(d)  a disposable container designed and manufactured to withstand without bursting a pressure of at least twice the vapour pressure of the contents at 55°Celsius.

(3)  An outer packaging for dangerous goods of Class 1.1 must have a net mass not exceeding 25 kilograms.

(4)  An outer or immediate packaging for dangerous goods of Class 1 must, in addition to any requirement in clause 208, conform to the packagings and packing methods specified in Section 5 of the Australian Explosives Code, which must for the purpose of this clause be read as if:

(a)  a recommendation were a requirement, and

(b)  a reference to the transport of goods included a reference to the conveyance of goods and the handling of goods in the course of their sale or importation into the State.

(5)  A portable plastics fuel container for dangerous goods of Class 3 of a capacity of 25 litres or less must comply with the ADG Code or AS 2906 (Fuel containers—Portable—Plastics and metal), clause 1 excepted.

210   Approvals

(1)  An application for an approval referred to in clause 207 (1) in respect of a packaging or IBC for dangerous goods must be made in writing by or on behalf of the manufacturer or importer or proposed manufacturer or importer of the packaging, IBC or goods and accompanied by:

(a)  particulars of the Packing Group of the goods the packaging or IBC is to contain, and

(b)  the results of tests carried out by:

(i)  if prior agreement has been obtained from the WorkCover Authority—the manufacturer or proposed manufacturer of the packaging or IBC, or

(ii)  in any other case—a laboratory approved for such testing by the National Association of Testing Authorities, Australia,

      for the purpose of ascertaining whether the packaging or IBC conforms to this Part.

(2)  The WorkCover Authority must assign an approval number to each approval and notify the applicant of the number.

211   Marking of packagings or intermediate bulk containers

(1)  A packaging or IBC that has been approved under clause 207 (1) must be marked in accordance with Section 5 of the Australian Explosives Code together with the approval number assigned by the WorkCover Authority under clause 210 (2) in respect of it.

(2)  The marking prescribed by subclause (1) is additional to any other marking and any labelling prescribed by this Regulation.