Special provisions for tools of trade and dangerous goods for private use
5 Special provisions for tools of trade and dangerous goods for private use
This section applies in relation to dangerous goods that—
are not transported in the course of a business of transporting goods but are transported by a person who intends to use them, or so they may be used, for a commercial purpose; and
are transported as part of a load that includes—
an aggregate quantity of dangerous goods of less than 500 but does not include dangerous goods of UN division 2.1 (other than aerosols), UN division 2.3 or packing group I; or
an aggregate quantity of dangerous goods of less than 250 that includes dangerous goods of UN division 2.1 (other than aerosols), UN division 2.3 or packing group I, provided that the dangerous goods of UN division 2.3 and packing group I together make up less than 100 of the aggregate quantity.
Note—
An aggregate quantity in relation to a load containing dangerous goods mentioned in subsection (1)(b) is worked out in the way provided for under schedule 3, definition aggregate quantity.
This regulation, other than subsections (3) to (5), does not apply to the transport of the dangerous goods.
A person must not transport the dangerous goods unless each package in the load including the goods—
complies with the packaging requirements appropriate to the quantity of dangerous goods under part 4; and
is marked and labelled as required under part 5, division 1; and
is loaded, secured, segregated, unloaded and otherwise transported in a way that ensures—
its packaging remains fit for its purpose; and
risks are eliminated or, if it is not practicable to eliminate risks, are minimised to the greatest practicable extent.
Maximum penalty—40 penalty units.
If the load contains dangerous goods of UN class 3, 4, 5 or 6 that together make up more than 250 of the aggregate quantity of dangerous goods in the load, 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.
Maximum penalty—40 penalty units.
If the load contains dangerous goods of UN division 2.1, UN division 2.3 or packing group I that together make up more than 50 of the aggregate quantity of dangerous goods in the load, a person must not transport the load—
in the passenger compartment of a vehicle; or
in another enclosed space in the vehicle.
Maximum penalty—40 penalty units.
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