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.