Special provisions for tools of trade and dangerous goods for private use
8 Special provisions for tools of trade and dangerous goods for private use
This section applies to a load if—
the load includes—
an aggregate quantity of dangerous goods of less than 500 that does not include any dangerous goods of UN division 2.1 (that are not aerosols) or UN division 2.3 or packing group I; or
an aggregate quantity of dangerous goods of less than 250 that does include dangerous goods of UN division 2.1 (that are not aerosols) or UN division 2.3 or packing group I, provided that dangerous goods of UN division 2.3 and packing group I together constitute less than 100 of that aggregate quantity; and
the goods are not being transported in the course of a business of transporting goods; but
the goods are being transported—
by a person who intends to use them; or
so that they can be used for a commercial purpose.
A person transporting the load is exempt from all obligations imposed by this regulation other than those imposed by this section.
A person must not transport the load unless each package in the load—
complies with the packaging requirements appropriate to the quantity of dangerous goods under chapter 5; and
is labelled and marked in accordance with division 7.1; and
is loaded, secured, segregated, unloaded and otherwise transported in such a way as to ensure that—
its packaging remains fit for its purpose; and
the risks are eliminated, or if it is not practicable to eliminate the risks, that the risks are minimised to the maximum extent that is practicable.
If the load contains an aggregate quantity of dangerous goods of UN class 3, 4, 5 or 6 of more than 250, a person must not transport the load—
in the passenger compartment of a vehicle; or
in an enclosed space that is not separated from the passenger compartment of a vehicle.
If the load contains an aggregate quantity of dangerous goods of UN division 2.1, UN division 2.3 or packing group I of more than 50, a person must not transport the load—
in the passenger compartment of a vehicle; or
in any other enclosed space in the vehicle.
A person commits an offence if the person fails to comply with subsection (3), (4) or (5).
Maximum penalty: 40 penalty units.
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.