Queensland Consolidated Acts

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TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) ACT 1995 - SECT 151

151 Application of ch 5A

(1) This chapter—

(a) applies only in relation to the transport of dangerous goods; and
(b) is in addition to and does not limit any other provision of this Act or any other Act.

(2) However, this chapter does not apply to—

(a) the transport of the following except if transported with other dangerous goods—
(i) radioactive substances under the Radiation Safety Act 1999;
(ii) explosives under the Explosives Act 1999; or
(b) the transport of dangerous goods if the total quantity of dangerous goods in a load on a vehicle is less than the quantity for which an inner package, as prescribed under a dangerous goods regulation, is required to be marked under the regulation; or
(c) the transport of a load of dangerous goods by a person if—
(i) the load does not contain dangerous goods—
(A) in a receptacle with a capacity that is more than a capacity prescribed under a dangerous goods regulation; or
(B) in a receptacle if the quantity of dangerous goods in the receptacle is more than the quantity prescribed under a dangerous goods regulation for the receptacle; and
(ii) the goods are not, and do not include, dangerous goods prescribed under a dangerous goods regulation as designated dangerous goods; and
(iii) the aggregate quantity of the dangerous goods in the load, as worked out under a dangerous goods regulation, is less than 25% of a load of dangerous goods that, under the regulation, is required to be placarded; and
(iv) the goods are not being transported by the person in the course of a business of transporting goods by road.

(3) Also, a requirement of this Act imposed because of this chapter does not apply to the transport of dangerous goods to the extent the goods are transported by, or under the direction of, an authorised officer or relevant emergency service officer to prevent a dangerous situation.

(4) Also, even if particular goods are prescribed as dangerous goods, the chapter does not apply to the transport of the particular dangerous goods in a vehicle if—

(a) the dangerous goods are in packaging that is—
(i) designed for, and forming part of, the fuel or electrical system of the vehicle's propulsion engine or auxiliary engine; or
(ii) part of, and necessary for, the operation of an appliance, plant or refrigeration system forming part of or attached to the vehicle; or
(b) the dangerous goods are in equipment carried in, fitted to or installed in the vehicle and designed for the safety or protection of an occupant of the vehicle, the vehicle or its load, including, for example, an airbag, fire extinguisher, seatbelt pretensioning device or self-contained breathing apparatus.


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