South Australia
Dangerous Substances (Dangerous Goods Transport) Variation Regulations 2016
under the Dangerous Substances Act 1979

Contents
Part 1—Preliminary
1	Short title
2	Commencement
3	Variation provisions
Part 2—Variation of Dangerous Substances (Dangerous Goods Transport) Regulations 2008
4	Variation of regulation 4—Interpretation
5	Variation of regulation 79—Consignor's duties
6	Variation of regulation 80—Loader's duties
7	Variation of regulation 81—Prime contractor's and rail operator's duties
8	Variation of regulation 82—Driver's duties
9	Variation of regulation 114—Transferor's duties
10	Variation of regulation 115—Prime contractor's and rail operator's duties
11	Variation of regulation 139—Driver's duties
12	Variation of regulation 170—References to CAP

Part 1—Preliminary
1—Short title
These regulations may be cited as the Dangerous Substances (Dangerous Goods Transport) Variation Regulations 2016.
2—Commencement
These regulations will come into operation on 11 November 2016.
3—Variation provisions
In these regulations, a provision under a heading referring to the variation of specified regulations varies the regulations so specified.

Part 2—Variation of Dangerous Substances (Dangerous Goods Transport) Regulations 2008
4—Variation of regulation 4—Interpretation
Regulation 4(1), definition of MEGC—delete "tubes and bundles" and substitute: 
tubes or bundles
5—Variation of regulation 79—Consignor's duties
Regulation 79—after subregulation (4) insert:
	(5)	A person must not consign a load of dangerous goods that is not a placard load for transport in or on a cargo transport unit if—
	(a)	the load is placarded as if it were a placard load; and
	(b)	the placarding of the load is false or misleading in a material particular.
Maximum penalty: 
	(a)	in the case of a body corporate—$20 000;
	(b)	in the case of a natural person—$4 000.
Expiation fee: 
	(a)	in the case of a body corporate—$4 000;
	(b)	in the case of a natural person—$800.
6—Variation of regulation 80—Loader's duties
Regulation 80—after subregulation (4) insert:
	(5)	A person who loads dangerous goods on to a vehicle for transport that is not a placard load must not—
	(a)	placard the load as if it were a placard load; and
	(b)	placard the load in a way that is false or misleading in a material particular.
Maximum penalty: 
	(a)	in the case of a body corporate—$20 000;
	(b)	in the case of a natural person—$4 000.
Expiation fee: 
	(a)	in the case of a body corporate—$4 000;
	(b)	in the case of a natural person—$800.
7—Variation of regulation 81—Prime contractor's and rail operator's duties
Regulation 81—after subregulation (4) insert:
	(5)	A prime contractor or rail operator must not transport a load of dangerous goods that is not a placard load if—
	(a)	the load is placarded as if it were a placard load; and 
	(b)	the placarding is false or misleading in a material particular.
Maximum penalty: 
	(a)	in the case of a body corporate—$20 000;
	(b)	in the case of a natural person—$4 000.
Expiation fee: 
	(a)	in the case of a body corporate—$4 000;
	(b)	in the case of a natural person—$800.
8—Variation of regulation 82—Driver's duties
Regulation 82—after subregulation (3) insert:
	(4)	A person must not drive a road vehicle carrying a load of dangerous goods that is not a placard load if—
	(a)	the load is placarded as if it were a placard load; and
	(b)	the placarding is false or misleading in a material particular.
Maximum penalty: 
	(a)	in the case of a body corporate—$20 000;
	(b)	in the case of a natural person—$4 000.
Expiation fee: 
	(a)	in the case of a body corporate—$4 000;
	(b)	in the case of a natural person—$800.
9—Variation of regulation 114—Transferor's duties
Regulation 114(2)—delete subregulation (2) and insert:
	(2)	If—
	(a)	a person is engaged in the bulk transfer of goods that are not dangerous goods to a tank (tank A); and
	(b)	tank A is on, or part of, a vehicle; and
	(c)	the person knows, or reasonably ought to know, that the vehicle—
	(i)	is carrying dangerous goods in another tank or in another compartment of tank A; or
	(ii)	is likely to carry dangerous goods in another tank, or in another compartment of tank A before tank A is emptied of the non‑dangerous goods,
the person must ensure that the ullage in tank A in respect of the non‑dangerous goods complies with section 10.3.1 of the ADG Code as if the goods were dangerous goods.
Maximum penalty: $2 000.
Expiation fee: $400.
10—Variation of regulation 115—Prime contractor's and rail operator's duties
	(1)	Regulation 115(2)(a)—after "a tank" insert:
(tank A)
	(2)	Regulation 115(2)(b)—after "dangerous goods" insert:
in another tank or in another compartment of tank A
	(3)	Regulation 115(2)—delete "the tank" and substitute:
tank A
11—Variation of regulation 139—Driver's duties
Regulation 139—after subregulation (2) insert:
	(3)	Subregulation (2) does not apply if the driver complies with the requirements of the Australian Road Rules to place warning triangles on the road.
12—Variation of regulation 170—References to CAP
Regulation 170—after subregulation (2) insert:
	(3)	The Competent Authority may refer to CAP any determination, exemption or approval that has been made by a corresponding authority that the Competent Authority considers to be a determination, exemption or approval that should be given effect in all participating jurisdictions, or participating jurisdictions including this jurisdiction, for the purposes of regulations 156, 158 and 169.
Note—
As required by section 10AA(2) of the Subordinate Legislation Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.
Made by the Governor
with the advice and consent of the Executive Council
on 3 November 2016
No 254 of 2016
MIR0011/16CS