{"id":"transport-of-dangerous-goods-by-road-and-rail-national-uniform-legislation-act-2010","name":"Transport of Dangerous Goods by Road and Rail (National Uniform Legislation) Act 2010","slug":"transport-of-dangerous-goods-by-road-and-rail-national-uniform-legislation-act-2010","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30602,"registerId":"nt-transport-of-dangerous-goods-by-road-and-rail-national-uniform-legislation-act-2010-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Div 1","sectionType":"division","heading":"Preliminary matters","content":"Division 1 Preliminary matters\n","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"1 Short title\nThis Act may be cited as the Transport of Dangerous Goods by\nRoad and Rail (National Uniform Legislation) Act 2010.\n","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"2 Commencement\nThis Act commences on the day fixed by the Administrator by\nGazette notice.\n","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Object of Act","content":"3 Object of Act\n(1) The object of this Act is to regulate the transport of dangerous\ngoods on land in order to promote public safety and protect\nproperty and the environment.\n(2) The object is to be achieved in the context of nationally consistent\nroad and rail transport laws, recognising that there are differences\nbetween jurisdictions on particular aspects of those laws.\n","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Scope of Act","content":"4 Scope of Act\n(1) This Act does not apply to:\n(a) dangerous goods that are, or form part of, personal safety\nequipment of persons in a vehicle transporting dangerous\ngoods; and\n\nTransport of Dangerous Goods by Road and Rail (National Uniform Legislation) Act 2010 2\n(b) dangerous goods that are in a container that is designed to\nform part of, and forms part of, the fuel or battery system of a\nvehicle's engine, auxiliary engine, fuel burning appliance or\nother part of a vehicle's propulsion equipment.\n(2) The provisions of this Act have effect despite any other law of the\nTerritory.\n","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Definitions","content":"5 Definitions\nIn this Act:\nacting in an official capacity, in relation to an authorised officer,\nmeans the officer is exercising powers or performing functions\nunder, or otherwise related to the administration of, this Act.\nassociate, see section 6.\nauthorised, in relation to the driving of a vehicle or the running of\nan engine, see section 13(3).\nauthorised officer means an authorised officer appointed under\nsection 23(1).\nauthorised officer identity card, see section 24(1).\nbroken down, see section 7.\ncombination means a road vehicle consisting of a motor vehicle\nand one or more trailers.\ncommercial benefits penalty order, see section 104(1).\ncompensation order, see section 112.\nCompetent Authority, see section 22(1).\ncompliance purposes, see section 8.\nconsign, see section 9.\nconsignor, see section 9.\ncorresponding authority means the Competent Authority\nappointed under a corresponding law.\n\nTransport of Dangerous Goods by Road and Rail (National Uniform Legislation) Act 2010 3\ncorresponding law means:\n(a) a law of another jurisdiction corresponding, or substantially\ncorresponding, to this Act; or\n(b) a law of another jurisdiction that is declared by regulation to be\na corresponding law, whether or not the law corresponds, or\nsubstantially corresponds, to this Act.\ndangerous activity, see section 92.\ndangerous goods means:\n(a) a substance or article prescribed by regulation as dangerous\ngoods; or\n(b) a substance or article determined by the Competent Authority,\nin accordance with the regulations, to be dangerous goods.\ndangerous situation means a situation that is causing or is likely\nto cause imminent risk of death or serious injury to a person,\nsignificant harm to the environment or significant damage to\nproperty.\ndriver, of a vehicle:\n(a) includes a two-up driver of the vehicle who is present in or\nnear the vehicle; and\n(b) includes a person who is driving the vehicle as a driver under\ninstruction or under a learner licence; and\n(c) if the vehicle is a unit of rolling stock forming part of a train but\nis not its locomotive – means the driver of the train; and\n(d) if the vehicle is a trailer – means the driver of the motor\nvehicle towing the trailer.\nNote for definition driver\nSee also section 16(2) for an extension of the meaning of driver.\ndriver licence means a licence issued under a State or Territory\nlaw authorising the licensee to drive a road vehicle but does not\ninclude the following:\n(a) a learner licence or a provisional or probationary licence\nauthorising a person who is a novice driver to drive a road\nvehicle;\n(b) a licence issued under this Act.\n\nTransport of Dangerous Goods by Road and Rail (National Uniform Legislation) Act 2010 4\nemployee, see section 138(1)(a).\nemployer, see section 138(1)(a).\nexclusion order, see section 109(1).\nexemption means an exemption granted under section 80.\nfit, in relation to the driving of a vehicle, see section 13(2).\ngoods too dangerous to be transported means:\n(a) a substance or article prescribed by regulation as goods too\ndangerous to be transported; or\n(b) a substance or article determined by the Competent Authority,\nin accordance with the regulations, to be goods too dangerous\nto be transported.\nimprovement notice means a notice under section 86, and\nincludes the notice as amended by an amendment notice under 88.\nintelligent transport system means a system involving the use of\nelectronic or other technology (whether located in or on a vehicle,\nor on or near a road or rail, or elsewhere) that has the capacity and\ncapability to monitor, collect, store, display, analyse, transmit or\nreport information relating to:\n(a) a vehicle or its equipment or load, the driver of a vehicle, the\noperator of a fleet of vehicles or another person involved in\nroad or rail transport; and\n(b) without limiting paragraph (a) – whether a vehicle is being\noperated in conformity with this Act and authorisations issued\nunder this Act.\ninvolvement in the transport of dangerous goods includes:\n(a) importing, or arranging for the importation of, dangerous\ngoods into Australia; and\n(b) packing dangerous goods for transport; and\n(c) marking or labelling packages containing dangerous goods for\ntransport, and placarding vehicles and packaging on or in\nwhich dangerous goods are transported; and\n\nTransport of Dangerous Goods by Road and Rail (National Uniform Legislation) Act 2010 5\n(d) consigning dangerous goods for transport, including the\npreparation of transport documentation; and\n(e) loading dangerous goods for transport or unloading dangerous\ngoods that have been transported; and\n(f) undertaking, or being responsible for, otherwise than as an\nemployee or subcontractor, the transport of dangerous goods;\nand\n(g) driving a vehicle carrying dangerous goods; and\n(h) being the consignee of dangerous goods that are transported;\nand\n(i) being involved as a director, secretary or manager of a body\ncorporate, or other person who takes part in the management\nof a body corporate, that takes part in an activity covered by\nthis definition.\njurisdiction means the Commonwealth or a State or Territory.\nload, see section 10.\nloader, see section 10.\nMinisterial Council means the body (however described) that\nconsists of the Minister of the Commonwealth, and the Minister of\neach State and Territory, who is responsible, or principally\nresponsible, for matters relating to infrastructure and transport.\nmisleading information means information that is misleading in a\nmaterial particular or because of the omission of a material\nparticular.\noffence means an offence against this Act.\noperator, see section 11.\nowner, in relation to a vehicle, means a person who:\n(a) is the sole owner, a joint owner or a part owner of the vehicle;\nor\n(b) has possession or use of the vehicle under a credit, hire-\npurchase, lease or other agreement, except an agreement\nrequiring the vehicle to be registered in the name of someone\nelse.\npack, see section 12.\n\nTransport of Dangerous Goods by Road and Rail (National Uniform Legislation) Act 2010 6\npackage, in relation to goods, means the complete product of the\npacking of the goods for transport, and consists of the goods and\ntheir packaging.\npackaging, in relation to goods, means anything that contains,\nholds, protects or encloses the goods, whether directly or indirectly,\nto enable them to be received or held for transport, or to be\ntransported, and includes anything declared by regulation to be\npackaging.\nNotes for definition packaging\n1 It may be that a container constitutes the whole of the packaging of goods, as\nin the case of a drum in which dangerous goods are directly placed.\n2 Unlike in United Nations publications relating to the transport of dangerous\ngoods, the term packaging is used in this Act in its ordinary meaning.\npacker, see section 12.\nplacard means a label or emergency information panel that is\nrequired by the regulations to be used in transporting dangerous\ngoods.\npremises includes a structure, whether permanent or temporary,\nand land, but does not include a vehicle.\nprime contractor means a person who, in conducting a business\nfor or involving the transport of dangerous goods by road, has\nundertaken to be responsible for, or is responsible for, the transport\nof the goods by road.\nprohibition notice means a notice under section 93(1) and\nincludes the notice as amended by an amendment notice under\nsection 96.\npublic authority means:\n(a) the Crown in any capacity; or\n(b) a body established by or under a law, or the holder of an office\nestablished by or under a law, for a public purpose, including,\nfor example, a local government council; or\n(c) a police force or police service.\npublic place includes a place:\n(a) open to or used by the public as of right; or\n(b) used for a public purpose or open to access by the public,\nwhether on payment or otherwise; or\n\nTransport of Dangerous Goods by Road and Rail (National Uniform Legislation) Act 2010 7\n(c) open to access by the public by the express or tacit consent or\nsufferance of the owner of that place, whether the place is or\nis not always open to the public.\nqualified, in relation to the driving of a vehicle or running of its\nengine, see section 13(1).\nrail operator, in relation to the transport of dangerous goods by\nrail, means the person who has undertaken to be responsible, or is\nresponsible, for:\n(a) the transport of the goods by rail; or\n(b) the condition of a unit of rolling stock transporting the goods.\nrail or road authority, see section 112.\nrail or road infrastructure includes:\n(a) any road (including its surface or pavement); and\n(b) any railway (including its rails and junctions); and\n(c) anything under or supporting a road or a railway, its surface,\npavement or rails and maintained by a rail or road authority;\nand\n(d) any bridge, tunnel, causeway, road-ferry, ford or other work or\nstructure forming part of a rail or road system or supporting a\nrailway or road; and\n(e) any bridge or other work or structure located above, in or on a\nrailway or road and maintained by a rail or road authority; and\n(f) any traffic control devices, railway or tramway equipment,\nelectricity equipment, emergency telephone systems or any\nother facilities (whether of the same or a different kind) in, on,\nover, under or connected with anything mentioned in\nparagraphs (a) to (e).\nroad, see section 14.\nroad law means:\n(a) a provision in the Motor Vehicles Act 1949 or Traffic Act 1987;\nor\n(b) a provision in a law of a State or another Territory that\nsubstantially corresponds to a provision mentioned in\nparagraph (a).\n\nTransport of Dangerous Goods by Road and Rail (National Uniform Legislation) Act 2010 8\nroad-related area, see section 14.\nroad vehicle:\n(a) means any vehicle propelled on roads or road-related areas\nby any means (for example, gas, oil or electricity) other than\nhuman or animal power; and\n(b) includes a combination, but does not include a powered cycle\nor a vehicle used on a railway.\nrolling stock, see section 15(1).\nsupervisory intervention order, see section 107(1).\ntrailer means a road vehicle that is designed to be towed, or is\ntowed, by another road vehicle but does not include a road vehicle\npropelled by a motor that forms part of the vehicle.\ntrain means:\n(a) a unit of rolling stock that is a locomotive or other self-\npropelled unit; or\n(b) 2 or more units of rolling stock joined together, at least one of\nwhich is a locomotive or other self-propelled unit.\ntransport, in relation to dangerous goods, includes:\n(a) the packing, loading and unloading of the goods, and the\ntransfer of the goods to or from a vehicle, for the purpose of\ntheir transport; and\n(b) the marking or labelling of packages containing dangerous\ngoods, and the placarding of vehicles and packaging in or on\nwhich dangerous goods are transported; and\n(c) other matters incidental to their transport.\ntransport documentation means documentation required by the\nregulations for the transport of dangerous goods.\ntwo-up driver means a person accompanying a driver of a vehicle\non a journey or part of a journey who has been, is or will be sharing\nthe task of driving the vehicle during the journey.\nunattended, see section 16(1).\nunit of rolling stock, see section 15(2).\n\nTransport of Dangerous Goods by Road and Rail (National Uniform Legislation) Act 2010 9\nvehicle means:\n(a) a road vehicle; or\n(b) rolling stock or a unit of rolling stock.\nwarrant means a warrant mentioned in section 60 or 61.\n","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"Meaning of associate","content":"6 Meaning of associate\n(1) A person is an associate of another person if:\n(a) one is a spouse, de facto partner, parent, brother, sister or\nchild of the other; or\n(b) they are members of the same household; or\n(c) they are partners in a partnership; or\n(d) they are both trustees or beneficiaries of the same trust, or\none is a trustee and the other is a beneficiary of the same\ntrust; or\n(e) one is a body corporate and the other is a director or member\nof the governing body of the body corporate; or\n(f) one is a body corporate (other than a public company whose\nshares are listed on a stock exchange) and the other is a\nshareholder in the body corporate; or\n(g) they are related bodies corporate within the meaning of the\nCorporations Act 2001; or\n(h) a chain of relationships can be traced between them under\nany one or more of the above paragraphs.\n(2) For subsection (1), a beneficiary of a trust includes an object of a\ndiscretionary trust.\n","sortOrder":6},{"sectionNumber":"7","sectionType":"section","heading":"Meaning of broken down","content":"7 Meaning of broken down\nA road vehicle is broken down if:\n(a) for a vehicle other than a trailer – it is not possible to drive the\nvehicle because it is disabled through damage, mechanical\nfailure, lack of fuel or any similar reason; and\n(b) for a trailer – it is not connected (either directly or by one or\nmore other trailers) to a towing vehicle, whether or not the\ntrailer is also disabled through damage, mechanical failure or\nany similar reason.\n\nTransport of Dangerous Goods by Road and Rail (National Uniform Legislation) Act 2010 10\n","sortOrder":7},{"sectionNumber":"8","sectionType":"section","heading":"Meaning of compliance purposes","content":"8 Meaning of compliance purposes\nA power to give a direction or to inspect a vehicle or premises or to\nsearch premises is exercised for compliance purposes if the\npower is exercised:\n(a) to find out whether this Act is being complied with; or\n(b) to investigate an offence or suspected offence.\n","sortOrder":8},{"sectionNumber":"9","sectionType":"section","heading":"Meanings of consign and consignor","content":"9 Meanings of consign and consignor\n(1) A person consigns dangerous or other goods for transport, and is\nthe consignor of the goods, if:\n(a) subsection (2) applies to the person; or\n(b) subsection (2) does not apply to the person or anyone else,\nbut subsection (3) applies to the person; or\n(c) subsections (2) and (3) do not apply to the person or anyone\nelse, but subsection (4) applies to the person.\n(2) This subsection applies to a person who, with the person's\nauthority, is named or otherwise identified in transport\ndocumentation as the consignor of the goods.\n(3) This subsection applies to a person who:\n(a) engages a prime contractor or rail operator, either directly or\nthrough an agent or other intermediary, to transport the goods;\nor\n(b) if paragraph (a) does not apply – has possession of, or control\nover, the goods immediately before the goods are transported;\nor\n(c) if neither paragraph (a) nor (b) applies – loads a vehicle with\nthe goods, for transport, at a place:\n(i) where dangerous goods are awaiting collection; and\n(ii) that is unattended (except by the driver) during loading.\n(4) This subsection applies to a person if:\n(a) the goods are imported into Australia; and\n(b) the person is the importer of the goods.\n\nTransport of Dangerous Goods by Road and Rail (National Uniform Legislation) Act 2010 11\n","sortOrder":9},{"sectionNumber":"10","sectionType":"section","heading":"Meanings of load and loader","content":"10 Meanings of load and loader\n(1) A person loads dangerous or other goods for transport, and is a\nloader of the goods, if the person:\n(a) loads one or more packages of the goods in or on a vehicle; or\n(b) places or secures one or more packages of the goods on a\n(c) supervises an activity mentioned in paragraph (a) or (b); or\n(d) manages or controls an activity mentioned in paragraph (a),\n(b) or (c).\n(2) Subsection (1) does not apply to the loading of goods into\npackaging that is already on a vehicle, nor to the placing or\nsecuring of packages in or on a further packaging that is already on\na vehicle.\n","sortOrder":10},{"sectionNumber":"11","sectionType":"section","heading":"Meaning of operator","content":"11 Meaning of operator\n(1) A person is the operator of a vehicle if:\n(a) for a single vehicle (including a single vehicle in a group of\nvehicles that are physically connected) – the person is\nresponsible for controlling or directing the operations of the\n(b) for a group of vehicles that are physically connected – the\nperson is responsible for controlling or directing the operations\nof the towing vehicle in the group.\n(2) A person is not the operator of a vehicle only because the person\nowns a vehicle or does one or more of the following:\n(a) drives a vehicle;\n(b) maintains or arranges for the maintenance of a vehicle;\n(c) arranges for the registration of a vehicle.\n","sortOrder":11},{"sectionNumber":"12","sectionType":"section","heading":"Meanings of pack and packer","content":"12 Meanings of pack and packer\nA person packs dangerous or other goods for transport, and is a\npacker of the goods, if the person:\n(a) puts the goods in a packaging (even if that packaging is\nalready on a vehicle); or\n\nTransport of Dangerous Goods by Road and Rail (National Uniform Legislation) Act 2010 12\n(b) assembles, places or secures packages in packaging\ndesigned to hold, enclose or otherwise contain more than one\npackage (even if that packaging is already on a vehicle); or\n(c) supervises an activity mentioned in paragraph (a) or (b); or\n(d) manages or controls an activity mentioned in paragraph (a),\n(b) or (c).\nExample for section 12\nA person who uses a hose to fill the tank of a tank vehicle with petrol packs the\npetrol for transport for this Act.\n","sortOrder":12},{"sectionNumber":"13","sectionType":"section","heading":"Meanings of qualified, fit and authorised","content":"13 Meanings of qualified, fit and authorised\n(1) A person is qualified to drive a vehicle or run its engine at a\nparticular time if, at that time, the person:\n(a) holds a driver licence of the appropriate class to drive the\nvehicle, and the driver licence is not suspended; and\n(b) is not prevented by or under a law (for example, by the\nconditions of the licence) from driving the vehicle.\n(2) A person is fit to drive a vehicle or run its engine at a particular time\nif, at that time, the person:\n(a) is apparently physically and mentally fit to drive the vehicle;\nand\n(b) without limiting paragraph (a) – is not apparently affected by\neither or both of the following:\n(i) alcohol;\n(ii) any drug that affects the person's fitness to drive; and\n(c) is not found to have a concentration of alcohol in the person's\nblood that exceeds the amount permitted by a law of the\nTerritory; and\n(d) is not found to have a concentration of a drug that affects the\nperson's fitness to drive in the person's blood or oral fluid that\nexceeds the amount permitted by a law of the Territory.\n(3) A person is authorised:\n(a) to drive a vehicle if the person is the operator of the vehicle or\nhas the operator's authority to drive it; or\n\nTransport of Dangerous Goods by Road and Rail (National Uniform Legislation) Act 2010 13\n(b) to run the engine of a vehicle if the person is the operator of\nthe vehicle or has the operator's authority to drive it or run its\nengine.\n(4) Subsection (3) has effect regardless of whether or not the person is\nqualified to drive the vehicle or run its engine.\n","sortOrder":13},{"sectionNumber":"14","sectionType":"section","heading":"Meanings of road and road-related area","content":"14 Meanings of road and road-related area\n(1) A road includes a road-related area.\n(2) Road and road-related area have the same meanings as they\nhave in the Australian Road Rules.\n","sortOrder":14},{"sectionNumber":"15","sectionType":"section","heading":"Meanings of rolling stock and unit of rolling stock","content":"15 Meanings of rolling stock and unit of rolling stock\n(1) Rolling stock is a vehicle:\n(a) consisting of 2 or more vehicles each of which is designed to\nrun on a railway track; and\n(b) that is being operated or used on a railway track (whether or\nnot it is also designed to be operated or used on a road or\nroad-related area).\n(2) A unit of rolling stock is each of the vehicles mentioned in\nsubsection (1)(a).\n","sortOrder":15},{"sectionNumber":"16","sectionType":"section","heading":"Meanings of unattended and driver","content":"16 Meanings of unattended and driver\n(1) A vehicle is unattended at a place in any of the following\ncircumstances:\n(a) if an authorised officer is present at the place – there is, after\ninspection and enquiry by the officer that is reasonable in the\ncircumstances, apparently no person in, on, or in the vicinity\nof, the vehicle who appears to be its driver;\n(b) if an authorised officer is not present at the place but is able to\ninspect the place by a camera or other remote surveillance\nsystem – there is, after inspection by the officer that is\nreasonable in the circumstances, apparently no person in, on,\nor in the vicinity of, the vehicle who appears to be its driver;\n\nTransport of Dangerous Goods by Road and Rail (National Uniform Legislation) Act 2010 14\n(c) if there is apparently a person in, on, or in the vicinity of, the\nvehicle who appears to be its driver after an inspection as\nmentioned in paragraph (a) or (b) – an authorised officer\nbelieves on reasonable grounds that:\n(i) the person is not qualified, not fit or not authorised to\ndrive it; or\n(ii) the person is or appears to be unwilling to drive it; or\n(iii) the person is subject to a direction under section 35 in\nrelation to the vehicle.\n(2) For a vehicle that is a trailer and not connected (either directly or by\nother trailers) to a towing vehicle, a reference in this Act to the\ndriver of the vehicle is a reference to the driver of the towing\nvehicle of the combination to which the trailer was, or apparently\nwas, last connected.\n","sortOrder":16},{"sectionNumber":"17","sectionType":"section","heading":"Examples","content":"17 Examples\n(1) Examples are part of this Act.\n(2) An example of the operation of a provision of this Act:\n(a) is not exhaustive; and\n(b) may extend the meaning of the provision; and\n(c) does not limit the meaning of the provision, unless the\ncontrary intention appears.\n","sortOrder":17},{"sectionNumber":"18","sectionType":"section","heading":"Notes","content":"18 Notes\n(1) Notes that are at the foot of a provision in this Act are part of this\nAct.\n(2) Marginal notes, footnotes at the bottom of a page of this Act and\nendnotes are not part of this Act.\n","sortOrder":18},{"sectionNumber":"19","sectionType":"section","heading":"Application of Acts Interpretation Act 1901 (Cth)","content":"19 Application of Acts Interpretation Act 1901 (Cth)\n(1) Subject to any contrary intention, the Acts Interpretation Act 1901\n(Cth) applies to the interpretation of this Act, except that:\n(a) de facto partner has the same meaning as in section 3(1) of\nthe De Facto Relationships Act 1991; and\n\nTransport of Dangerous Goods by Road and Rail (National Uniform Legislation) Act 2010 15\n(b) Government Gazette means the Government Gazette of the\nTerritory; and\n(c) Minister means the Minister of the Territory responsible for\nthe administration of this Act; and\n(d) penalty unit has the same meaning as in the Penalty Units\nAct 2009; and\n(e) police officer means a member of the Police Force; and\n(f) sections 33AA and 36 of the Acts Interpretation Act 1901 (Cth)\ndo not apply.\n(2) Subsection (1) does not prevent the Interpretation Act 1978\napplying to the interpretation of this Act to the extent to which it can\ndo so consistently with the application of the Acts Interpretation\nAct 1901 (Cth).\n(3) This section has effect subject to section 5.\n","sortOrder":19},{"sectionNumber":"20","sectionType":"section","heading":"Application of Criminal Code","content":"20 Application of Criminal Code\nPart IIAA of the Criminal Code applies to an offence against this\nAct.\nNote for section 20\nPart IIAA of the Criminal Code states the general principles of criminal\nresponsibility, establishes general defences, and deals with burden of proof. It\nalso defines, or elaborates on, certain concepts commonly used in the creation of\noffences.\n","sortOrder":20},{"sectionNumber":"21","sectionType":"section","heading":"Act binds Crown","content":"21 Act binds Crown\n(1) This Act binds the Crown in right of the Territory and, to the extent\nthe legislative power of the Legislative Assembly permits, the\nCrown in all its other capacities.\n(2) However, this Act does not make the Crown liable to be prosecuted\nfor an offence.\n\nTransport of Dangerous Goods by Road and Rail (National Uniform Legislation) Act 2010 16\n","sortOrder":21},{"sectionNumber":"22","sectionType":"section","heading":"Competent Authority","content":"22 Competent Authority\n(1) The Work Health Authority is the Competent Authority for this Act.\n(2) The Competent Authority:\n(a) may exercise all the powers and perform all the functions of\nan authorised officer; and\n(b) when exercising those powers or performing those functions,\nhas all the immunities of an authorised officer.\n","sortOrder":22},{"sectionNumber":"23","sectionType":"section","heading":"Appointment of authorised officers","content":"23 Appointment of authorised officers\n(1) The Competent Authority may, by notice published in the\nGovernment Gazette, appoint individuals or a class of individuals to\nbe authorised officers.\n(2) The Competent Authority may, in appointing an authorised officer,\nspecify that the appointment is subject to conditions or restrictions\nrelating to:\n(a) the powers that may be exercised by the officer; or\n(b) when, where and in what circumstances the officer may\nexercise powers.\n","sortOrder":23},{"sectionNumber":"24","sectionType":"section","heading":"Authorised officer identification","content":"24 Authorised officer identification\n(1) The Competent Authority must issue an identification card (an\nauthorised officer identity card) to an authorised officer who is\nnot a police officer.\n(2) Subsection (1) does not prevent:\n(a) the Competent Authority from issuing an authorised officer\nidentity card to a police officer who is appointed to be an\nauthorised officer; or\n(b) the issue of a single identity card to a person for both this and\nanother Act.\n(3) The authorised officer identity card must specify the officer's name\nand that the officer is an authorised officer.\n\nTransport of Dangerous Goods by Road and Rail (National Uniform Legislation) Act 2010 17\n(4) In addition, the authorised officer identity card must:\n(a) show a recent photograph of the authorised officer; and\n(b) be signed by the officer.\n(5) An authorised officer who is not a police officer must:\n(a) carry his or her authorised officer identity card while carrying\nout duties under this Act; and\n(b) if practicable, comply with a request to identify himself or\nherself by producing the card when exercising a power of an\nauthorised officer under this Act.\n(6) A police officer exercising a power of an authorised officer under\nthis Act must, if practicable, comply with a request to identify\nhimself or herself by:\n(a) producing the officer's police identification; or\n(b) if the officer has been issued with an authorised officer identity\ncard – that identity card; or\n(c) stating orally or in writing the officer's name, rank and place of\nduty, or the officer's identification number.\n","sortOrder":24},{"sectionNumber":"25","sectionType":"section","heading":"Return of authorised officer identity card","content":"25 Return of authorised officer identity card\n(1) A person who has been issued with an authorised officer identity\ncard must return it to the Competent Authority within 21 days after\nceasing to be an authorised officer.\nMaximum penalty: 5 penalty units.\n(2) An offence against subsection (1) is an offence of strict liability.\n(3) It is a defence to a prosecution for an offence against\nsubsection (1) if the defendant establishes a reasonable excuse.\n","sortOrder":25},{"sectionNumber":"26","sectionType":"section","heading":"Falsely representing to be authorised officer","content":"26 Falsely representing to be authorised officer\nA person must not falsely represent, by words or conduct, that the\nperson or another person is an authorised officer.\nFault element: The person intentionally represents the\nperson or other person is an authorised\nofficer with an intention to deceive.\n\nTransport of Dangerous Goods by Road and Rail (National Uniform Legislation) Act 2010 18\n","sortOrder":26},{"sectionNumber":"27","sectionType":"section","heading":"Competent Authority may delegate powers","content":"27 Competent Authority may delegate powers\n(1) The Competent Authority may, by written instrument, delegate to a\nperson any powers of the Competent Authority under this Act.\n(2) Subsection (1) does not apply to the Competent Authority's power:\n(a) to appoint authorised officers; or\n(b) to delegate its powers under this section.\n","sortOrder":27},{"sectionNumber":"28","sectionType":"section","heading":"Competent Authority may provide information to","content":"28 Competent Authority may provide information to\ncorresponding authority\n(1) The Competent Authority may provide information to a\ncorresponding authority about:\n(a) any action taken by the Competent Authority under this Act; or\n(b) any information obtained under this Act, including, for\nexample, any information contained in any records, devices or\nother things inspected or seized under this Act.\n(2) This section has effect subject to the Information Act 2002.\n","sortOrder":28},{"sectionNumber":"29","sectionType":"section","heading":"Reciprocal powers of authorised officers","content":"29 Reciprocal powers of authorised officers\n(1) The Minister may enter into an agreement with a Minister of another\njurisdiction for this section if the corresponding law of the other\njurisdiction contains provisions corresponding to this section.\n(2) To the extent to which it is envisaged by the agreement:\n(a) authorised officers of the Territory may, in the Territory or the\nother jurisdiction, exercise powers and perform functions\nconferred on authorised officers of the other jurisdiction under\nthe corresponding law of the other jurisdiction; and\n(b) authorised officers of the other jurisdiction may, in the Territory\nor the other jurisdiction, exercise powers and perform\nfunctions conferred on authorised officers by this Act.\n(3) Anything done by an authorised officer under subsection (2)(a)\nor (b) (including an omission of an act) is taken to have been done\nunder this Act as well as under the corresponding law.\n(4) The regulations may provide for the exercise of powers or\nperformance of functions under this section.\n\nTransport of Dangerous Goods by Road and Rail (National Uniform Legislation) Act 2010 19\n","sortOrder":29},{"sectionNumber":"30","sectionType":"section","heading":"Application of Division","content":"30 Application of Division\nThis Division applies to a road vehicle if:\n(a) one or more of the following apply to the vehicle:\n(i) it has a placard on it;\n(ii) it is carrying a container that has a placard on it;\n(iii) an authorised officer believes on reasonable grounds\nthat it is carrying dangerous goods or goods too\ndangerous to be transported; and\n(b) the vehicle is situated:\n(i) on a road; or\n(ii) in or on a public place; or\n(iii) in or on premises occupied or owned by the Competent\nAuthority or by any other public authority; or\n(iv) in or on any premises where an authorised officer is\nlawfully present after entry under Division 4.\n","sortOrder":30},{"sectionNumber":"31","sectionType":"section","heading":"Direction to stop road vehicle","content":"31 Direction to stop road vehicle\n(1) An authorised officer may, for compliance purposes, direct:\n(a) the driver of a road vehicle to which this Division applies to\nstop the vehicle; or\n(b) the driver of such a vehicle or another person not to do one or\nmore of the following:\n(i) move the vehicle;\n(ii) interfere with it or any equipment in or on it;\n(iii) interfere with its load.\n\nTransport of Dangerous Goods by Road and Rail (National Uniform Legislation) Act 2010 20\n(2) A direction to stop a vehicle may require the vehicle be stopped:\n(a) without delay; or\n(b) at the nearest place for it to be safely stopped as indicated by\nthe authorised officer.\n(3) A direction given under subsection (1) does not prevent an\nauthorised officer from giving the driver or another person a later\ninconsistent direction under another provision of this Act.\n(4) A direction given under subsection (1) ceases to have effect to the\nextent to which an authorised officer:\n(a) gives the driver or another person a later inconsistent\n(b) indicates to the driver or another person that the direction\nceases to have effect.\n(5) A person given a direction under subsection (1) must comply with\n","sortOrder":31},{"sectionNumber":"32","sectionType":"section","heading":"Direction to move road vehicle","content":"32 Direction to move road vehicle\ndriver of a road vehicle to which this Division applies to move it or\ncause it to be moved to the nearest location:\n(a) that the officer believes to be a suitable location for those\npurposes, having regard to any matters the officer considers\nrelevant in the circumstances; and\n(b) that is within a distance (in any direction) specified by the\nofficer and within a radius of 30 km of:\n(i) the location of the vehicle when the direction is given; or\n(ii) any point along the forward route of the journey if the\ndirection is given in the course of a journey of the\n\nTransport of Dangerous Goods by Road and Rail (National Uniform Legislation) Act 2010 21\n","sortOrder":32},{"sectionNumber":"33","sectionType":"section","heading":"Direction to produce documents","content":"33 Direction to produce documents\ndriver of a road vehicle to which this Division applies to produce to\nthe officer:\n(a) the driver's driver licence, including a provisional or learner\nlicence; and\n(b) any licence the driver is required to have by the regulations;\nand\n(c) any transport documentation required to be carried on the\nvehicle by the regulations.\n(5) The authorised officer may seize a licence produced to the officer in\nresponse to the direction if the officer reasonably believes:\n(a) the licence has been cancelled or suspended; or\n(b) the licence has otherwise ceased to have effect; or\n(c) the licence has been varied and the variation is not recorded\non the licence; or\n(d) the person who produced the licence is not the licensee.\n(6) An authorised officer to whom a document appearing to be a\nlicence is produced in response to a direction under subsection (1)\nmay seize it if the officer reasonably believes it is not a licence.\n\nTransport of Dangerous Goods by Road and Rail (National Uniform Legislation) Act 2010 22\n","sortOrder":33},{"sectionNumber":"34","sectionType":"section","heading":"Direction to move a road vehicle – danger or obstruction","content":"34 Direction to move a road vehicle – danger or obstruction\ngrounds that a road vehicle to which this Division applies is:\n(a) seriously endangering public safety, the environment or any\nrail or road infrastructure; or\n(b) causing or likely to cause an obstruction to traffic or any event\nlawfully authorised to be held on a road; or\n(c) obstructing or hindering, or likely to obstruct or hinder, one or\nmore vehicles from entering or leaving land adjacent to a road.\n(2) The officer may direct the driver of the vehicle, or a person who is\napparently in charge of the vehicle, to do one or both of the\n(a) to move the vehicle, or cause it to be moved, to the extent to\nwhich it is necessary to avoid the danger, obstruction or\nhindrance;\n(b) to do anything else reasonably required by the officer, or to\ncause anything else reasonably required by the officer to be\ndone, to avoid the danger, obstruction or hindrance.\n","sortOrder":34},{"sectionNumber":"35","sectionType":"section","heading":"Direction to leave vehicle","content":"35 Direction to leave vehicle\n(a) an authorised officer has given a direction under another\nprovision of this Division in relation to a road vehicle to which\nthis Division applies; and\n(b) the driver of the vehicle fails to comply with the direction.\n(2) This section also applies if:\n(a) an authorised officer has given a direction under another\nprovision of this Division in relation to a road vehicle to which\nthis Division applies; and\n\nTransport of Dangerous Goods by Road and Rail (National Uniform Legislation) Act 2010 23\n(b) an authorised officer believes on reasonable grounds the\ndriver of the vehicle is not:\n(i) fit to drive the vehicle in order to comply with the\n(ii) qualified to drive the vehicle in order to comply with the\n(iii) authorised to drive the vehicle in order to comply with\n(3) The authorised officer may direct the driver to do one or more of the\n(a) to vacate the driver's seat;\n(b) to leave the vehicle;\n(c) not to occupy the driver's seat until permitted to do so by an\nauthorised officer;\n(d) not to enter the vehicle until permitted to do so by an\n(4) The officer may direct any other person to do one or both of the\n(a) to leave the vehicle;\n(b) not to enter the vehicle until permitted to do so by an\n(5) A person given a direction under subsection (3) or (4) must comply\n\nTransport of Dangerous Goods by Road and Rail (National Uniform Legislation) Act 2010 24\n","sortOrder":35},{"sectionNumber":"36","sectionType":"section","heading":"Moving unattended road vehicle – to enable exercise of other","content":"36 Moving unattended road vehicle – to enable exercise of other\npowers\n(1) This section applies if an authorised officer:\n(a) believes on reasonable grounds a road vehicle to which this\nDivision applies is unattended on a road; and\n(b) is seeking to exercise powers in relation to the vehicle for\ncompliance purposes; and\n(c) believes on reasonable grounds the vehicle should be moved\nto enable or facilitate the exercise of those powers.\n(2) The authorised officer may, to the extent to which it is reasonably\nnecessary to enable or facilitate the exercise of those powers,\nmove, or authorise another person to move, the vehicle (by driving\nor towing it or otherwise).\n(3) The officer may enter, or authorise another person to enter, the\nvehicle for the purpose of moving the vehicle.\n(4) The officer or person authorised by the officer may use reasonable\nforce to do one or more of the following:\n(a) to open unlocked doors and other unlocked panels and\nobjects;\n(b) to gain access to the vehicle, or its engine or other mechanical\ncomponents, to enable the vehicle to be moved;\n(c) to enable the vehicle to be towed.\n(5) An authorised officer must not authorise a person to move a vehicle\nfor this section unless the officer believes on reasonable grounds\nthe person is qualified and fit to do so.\n","sortOrder":36},{"sectionNumber":"37","sectionType":"section","heading":"Powers of authorised officers – inspection","content":"37 Powers of authorised officers – inspection\n(1) An authorised officer may, for compliance purposes, inspect a road\nvehicle to which this Division applies.\n(2) The power to inspect the vehicle includes the power:\n(a) to enter the vehicle; and\n(b) to weigh, test, measure or take photographs of the vehicle or\nany part of it or its equipment or load; and\n\nTransport of Dangerous Goods by Road and Rail (National Uniform Legislation) Act 2010 25\n(c) to take, in accordance with section 65, a sample of any part of\nthe vehicle's load; and\n(d) to check the existence or details of, or take photographs of,\nplacards or other information required by the regulations to be\ndisplayed in or on the vehicle or any load on it; and\n(e) to inspect and take copies of, or extracts from, any records\nthat are located in or on the vehicle and that are required to be\ncarried in or on the vehicle by the regulations; and\n(f) to access or download information required to be kept by the\nregulations that is:\n(i) stored electronically in equipment located in or on the\n(ii) accessible electronically from equipment located in or on\nthe vehicle.\n(3) This section does not authorise the use of force by the officer, but\nthe officer may under this section do one or more of the following in\nrelation to the vehicle:\n(b) inspect anything that has been opened or otherwise accessed;\n(a) the driver of the vehicle; or\n(b) a person apparently in charge of the vehicle; or\n","sortOrder":37},{"sectionNumber":"38","sectionType":"section","heading":"Powers of authorised officers – search","content":"38 Powers of authorised officers – search\n(1) An authorised officer may, for compliance purposes, search a road\nvehicle to which this Division applies if the officer believes on\nreasonable grounds:\n(a) the vehicle has been used, is being used, or is likely to be\nused, in the commission of an offence; or\n(b) the vehicle has been or may have been involved in a\ndangerous situation.\n\nTransport of Dangerous Goods by Road and Rail (National Uniform Legislation) Act 2010 26\nvehicle or independently of such an inspection.\n(3) The officer may enter the vehicle for the purpose of, or in\nconnection with, conducting the search.\n(4) The officer may exercise powers under this section at any time, and\nwithout the consent of the driver of the vehicle, a person apparently\nin charge of the vehicle or any other person.\n(5) Without limiting subsections (1) to (4), the power to search a vehicle\nunder this section includes the power:\n(a) to search for evidence of an offence; and\n(b) to search for and inspect any records, devices or other things\nthat:\n(i) relate to the vehicle or any part of its equipment or load;\nand\n(ii) are located in or on the vehicle; and\n(c) to take copies of, or extracts from, one or more of the\n(i) any records located in or on the vehicle that are required\nto be carried in or on the vehicle by the regulations;\n(ii) any transport documentation located in or on the vehicle;\nfrom any device or thing, located in or on the vehicle that\nthe officer believes on reasonable grounds provide, or\nmay on further inspection provide, evidence of an\noffence; and\n(d) to take, in accordance with section 65, a sample of any part of\nthe vehicle's load.\n(6) The power to search a vehicle under this section does not include a\npower to search a person.\n(7) The officer may seize and remove a record, device or other thing\nfrom the vehicle that the officer believes on reasonable grounds\nprovides, or may on further inspection provide, evidence of an\n(8) The officer may use reasonable force in the exercise of powers\n\nTransport of Dangerous Goods by Road and Rail (National Uniform Legislation) Act 2010 27\n","sortOrder":38},{"sectionNumber":"39","sectionType":"section","heading":"Moving unattended or broken down road vehicle","content":"39 Moving unattended or broken down road vehicle\ngrounds a road vehicle to which this Division applies is:\n(a) unattended or broken down; and\n(b) causing a dangerous situation.\n(2) The officer may, to the extent to which it is reasonably necessary to\nstop the dangerous situation continuing, move, or authorise another\nperson to move, the vehicle (by driving or towing it or otherwise).\n(3) The officer may enter, or authorise another person to enter, the\nvehicle for the purpose of moving the vehicle.\n(4) The officer may drive the vehicle even though the officer is not\nqualified to do so if the officer believes on reasonable grounds there\nis no other person in, on or in the vicinity of the vehicle who is more\ncapable of driving it than the officer.\n(5) A person authorised by the officer may drive the vehicle even\nthough the person is not qualified to do so if the officer believes on\nreasonable grounds there is no one else in, on or in the vicinity of\nthe vehicle who is more capable of driving it than the person.\n(6) The officer or person acting under subsection (4) or (5):\n(a) is exempt from any other provision of this Act or a road law to\nthe extent to which it would require him or her to be licensed\nor otherwise authorised to drive the vehicle; and\n(b) may use reasonable force to the extent to which it is\nreasonably necessary to do so to stop a dangerous situation\ncontinuing.\n","sortOrder":39},{"sectionNumber":"40","sectionType":"section","heading":"Powers of authorised officers – immobilised road vehicle","content":"40 Powers of authorised officers – immobilised road vehicle\ngrounds a road vehicle to which this Division applies is broken\ndown or otherwise immobilised on a road.\n(2) The authorised officer may give directions to the driver or a person\napparently in charge of the vehicle about how:\n(a) repair work is to be carried out on the vehicle; or\n(b) the vehicle is to be towed off the road; or\n\nTransport of Dangerous Goods by Road and Rail (National Uniform Legislation) Act 2010 28\n(c) any dangerous goods located in or on the vehicle are to be\nremoved from the vehicle; or\n(d) any dangerous goods located in or on the vehicle are to be\ndealt with after their removal from the vehicle.\n","sortOrder":40},{"sectionNumber":"41","sectionType":"section","heading":"Powers of authorised officers in emergencies","content":"41 Powers of authorised officers in emergencies\n(a) a road vehicle to which this Division applies is involved in an\nincident; and\n(b) the incident results in a dangerous situation.\n(2) An authorised officer may give directions to the driver or a person\napparently in charge of the vehicle about:\n(a) the transport of any goods in the vehicle from the place of the\nincident; or\n(b) how otherwise to deal with the goods.\n(3) The direction must:\n(a) be in writing and be signed by the authorised officer; and\n(b) specify the name of the person to whom it is given; and\n(c) identify the incident; and\n(d) identify any dangerous goods to which it relates.\n(4) However, if it is not practicable to give the direction in writing, the\ndirection may be given orally and confirmed in writing within\n(5) A person given a direction under subsection (2) must comply with\n\n","sortOrder":41},{"sectionNumber":"Subdiv 2","sectionType":"subdivision","heading":"Power to give directions relating to rolling stock and trains","content":"Subdivision 2 Power to give directions relating to rolling stock and trains\nTransport of Dangerous Goods by Road and Rail (National Uniform Legislation) Act 2010 29\n","sortOrder":42},{"sectionNumber":"42","sectionType":"section","heading":"Authorisation not required for driving under this Division","content":"42 Authorisation not required for driving under this Division\nAn authorised officer or person driving a vehicle under this Division\nis not required to be authorised to do so by the operator of the\n","sortOrder":43},{"sectionNumber":"43","sectionType":"section","heading":"Application","content":"43 Application\nThis Division applies to a unit of rolling stock that:\n(a) has a placard on it; or\n(b) is carrying a container that has a placard on it; or\n(c) an authorised officer knows or believes on reasonable\ngrounds is carrying:\n(i) dangerous goods; or\n(ii) a container containing dangerous goods.\nSubdivision 2 Power to give directions relating to rolling stock\nand trains\n","sortOrder":44},{"sectionNumber":"44","sectionType":"section","heading":"Powers of authorised officers – rail operators","content":"44 Powers of authorised officers – rail operators\n(1) An authorised officer may, for compliance purposes, direct the rail\noperator of a train that includes a unit of rolling stock to which this\nDivision applies to cause the train to stop at a place where it may\nbe safely inspected by the officer.\n\nSubdivision 2 Power to give directions relating to rolling stock and trains\nTransport of Dangerous Goods by Road and Rail (National Uniform Legislation) Act 2010 30\n","sortOrder":45},{"sectionNumber":"45","sectionType":"section","heading":"Powers of authorised officers – train drivers","content":"45 Powers of authorised officers – train drivers\ndriver of a train that includes a unit of rolling stock to which this\nDivision applies or any other person not to do any one or more of\nthe following:\n(a) move the train;\n(b) interfere with the train or any equipment in or on it;\n(c) interfere with any load on any unit of rolling stock that forms\npart of the train.\n","sortOrder":46},{"sectionNumber":"46","sectionType":"section","heading":"Powers of authorised officers – others","content":"46 Powers of authorised officers – others\n(1) If a unit of rolling stock to which this Division applies does not form\npart of a train, an authorised officer may, for compliance purposes,\ndirect a person not to do any one or more of the following:\n(a) move the unit;\n(b) interfere with the unit or any equipment or container in or on it;\n(c) attach any rolling stock to the unit.\n\nTransport of Dangerous Goods by Road and Rail (National Uniform Legislation) Act 2010 31\n","sortOrder":47},{"sectionNumber":"47","sectionType":"section","heading":"Powers of authorised officers – documents","content":"47 Powers of authorised officers – documents\n(1) An authorised officer may direct the driver of a train that includes a\nunit of rolling stock to which this Division applies to produce to the\nofficer transport documentation required to be carried on the train\nby the regulations.\nsubsection (2) if the defendant establishes a reasonable excuse\n","sortOrder":48},{"sectionNumber":"48","sectionType":"section","heading":"Powers of authorised officers – inspection","content":"48 Powers of authorised officers – inspection\n(1) An authorised officer may, for compliance purposes, inspect:\n(a) a unit of rolling stock to which this Division applies; or\n(b) a train that includes, or that the authorised officer believes on\nreasonable grounds includes, a unit of rolling stock to which\nthis Division applies.\n(2) The power to inspect the unit of rolling stock or train includes the\npower:\n(a) to enter the unit or train; and\n(b) to weigh, test, measure or take photographs of the unit or train\nor any part of it or any of its equipment or load; and\n(c) to take, in accordance with section 65, a sample of any part of\nthe unit or train's load; and\n(d) to check the existence or details of, or take photographs of,\nplacards or other information required by the regulations to be\ndisplayed in or on the unit or any load on it; and\n(e) to inspect and take copies of or extracts from any records that:\n(i) are located in or on the train; and\n(ii) are required to be carried in or on the train by the\nregulations; and\n\nTransport of Dangerous Goods by Road and Rail (National Uniform Legislation) Act 2010 32\n(f) to access or download information that is required to be kept\nby the regulations and that is:\n(i) stored electronically in equipment located in or on the\ntrain; or\n(ii) accessible electronically from equipment located in or on\nthe train.\n(3) This section does not authorise the use of force by the officer, but\nthe officer may under this section do one or more of the following in\nrelation to the unit of rolling stock or train:\n(b) inspect anything that has been opened or otherwise accessed;\n(a) the driver of the unit of rolling stock; or\n(b) a person apparently in charge of the rolling stock or train; or\n","sortOrder":49},{"sectionNumber":"49","sectionType":"section","heading":"Powers of authorised officers – search","content":"49 Powers of authorised officers – search\n(1) An authorised officer may, for compliance purposes, search a unit\nof rolling stock to which this Division applies, or a train that includes\nor that the authorised officer believes on reasonable grounds\nincludes a unit of rolling stock to which this section applies, if the\nofficer believes on reasonable grounds:\n(a) the unit of rolling stock or train has been used, is being used,\nor is likely to be used, in the commission of an offence; or\n(b) the unit of rolling stock or train has been or may have been\ninvolved in a dangerous situation.\nunit of rolling stock or train or independently of such an inspection.\n(3) The officer may enter the unit of rolling stock or train for the\npurpose of, or in connection with, conducting the search.\n\nTransport of Dangerous Goods by Road and Rail (National Uniform Legislation) Act 2010 33\n(a) the driver of the unit of rolling stock; or\n(b) a person apparently in charge of the rolling stock or train; or\n(5) Without limiting subsections (1) to (4), the power to search a unit of\nrolling stock or train under this section includes the power:\n(a) to search for evidence of an offence; and\n(b) to search for and inspect any records, devices or other things\nthat:\n(i) relate to the unit of rolling stock or train or any part of its\nequipment or load; and\n(ii) are located in or on the unit of rolling stock or train; and\n(c) to take copies of, or extracts from, one or more the following:\n(i) any records required to be carried in or on the unit of\nrolling stock or train by the regulations that are located in\nor on the unit of rolling stock or train;\n(ii) any transport documentation located in or on the unit of\nrolling stock or train;\nfrom any device or thing, located in or on the unit of\nrolling stock or train that the officer believes on\nreasonable grounds provide, or may on further\ninspection provide, evidence of an offence; and\n(d) to take, in accordance with section 65, a sample of any part of\nthe load of the unit of rolling stock or train.\n(6) The power to search a unit of rolling stock or train under this section\ndoes not include a power to search a person.\n(7) The officer may seize and remove a record, device or other thing\nfrom the unit of rolling stock or train that the officer believes on\nreasonable grounds provides, or may on further inspection provide,\nevidence of an offence.\n(8) The officer may use reasonable force in the exercise of powers\n\nTransport of Dangerous Goods by Road and Rail (National Uniform Legislation) Act 2010 34\n","sortOrder":50},{"sectionNumber":"50","sectionType":"section","heading":"Powers of authorised officers – immobilised train","content":"50 Powers of authorised officers – immobilised train\n(1) This section applies to a train that:\n(a) is immobilised; and\n(b) includes a unit of rolling stock to which this Division applies.\n(2) An authorised officer may give directions to a person who is\ninvolved in the transport of the dangerous goods on the train about\nhow:\n(a) the dangerous goods are to be removed from the train; or\n(b) the dangerous goods are to be dealt with after their removal\nfrom the train.\n","sortOrder":51},{"sectionNumber":"51","sectionType":"section","heading":"Powers of authorised officers in emergencies","content":"51 Powers of authorised officers in emergencies\n(a) a train that includes rolling stock to which this Division applies\nis involved in an incident; and\n(b) the incident results in a dangerous situation.\n(2) An authorised officer may give a person who is involved in the\ntransport of the dangerous goods on the train directions about:\n(a) the transport of the goods from the place of the incident; or\n(b) how otherwise to deal with the goods.\n(3) The direction must:\n(a) be in writing and be signed by the authorised officer; and\n(b) specify the name of the person to whom it is given; and\n(c) identify the incident; and\n\nTransport of Dangerous Goods by Road and Rail (National Uniform Legislation) Act 2010 35\n(d) identify the dangerous goods to which it relates.\n(4) However, if it is not practicable to give the direction in writing, the\ndirection may be given orally and confirmed in writing within\n(5) A person given a direction under subsection (2) must comply with\n","sortOrder":52},{"sectionNumber":"Subdiv 1","sectionType":"subdivision","heading":"Preliminary matters","content":"Subdivision 1 Preliminary matters\n","sortOrder":53},{"sectionNumber":"52","sectionType":"section","heading":"Application","content":"52 Application\nThis Division applies to premises occupied or controlled by a\nperson involved in the transport of dangerous goods.\n","sortOrder":54},{"sectionNumber":"53","sectionType":"section","heading":"Residential purposes","content":"53 Residential purposes\nFor this Division, premises are not being used for residential\npurposes merely because temporary or casual sleeping or other\naccommodation is provided in the premises for vehicle drivers.\n","sortOrder":55},{"sectionNumber":"54","sectionType":"section","heading":"Power to inspect premises","content":"54 Power to inspect premises\n(1) An authorised officer may, for compliance purposes, inspect\npremises to which this Division applies.\n(2) The officer may enter the premises for the purpose of conducting\nthe inspection.\n(3) Without limiting subsections (1) and (2), the officer may inspect, or\nenter and inspect, any vehicle at the premises.\n\nTransport of Dangerous Goods by Road and Rail (National Uniform Legislation) Act 2010 36\n(4) Before an authorised officer enters premises (not being a public\nplace) under this section, the officer must give the occupier of the\npremises reasonable notice of the intention to enter unless:\n(a) giving the notice would be reasonably likely to defeat the\npurpose for which it is intended to enter the premises; or\n(b) entry to the premises is made with the consent of the occupier\nof the premises; or\n(c) entry is required in circumstances where the authorised officer\nreasonably believes there is an immediate risk to safety\nbecause of an operation being carried out at the premises in\nrelation to dangerous goods; or\n(d) entry is authorised by a warrant.\n(5) This section does not authorise, without the consent of the occupier\nof the premises or another person apparently in charge of the\npremises, the entry or inspection of:\n(a) premises that are apparently unattended, unless the officer\nbelieves on reasonable grounds the premises are not\nunattended; or\n(b) premises that are, or any part of premises that is, used\npredominantly for residential purposes.\n(6) Without limiting subsections (1) to (5), the power to inspect the\npremises under this section includes the following:\n(a) the power to inspect and take copies of, or extracts from, any\nrecords that are:\n(i) located at the premises; and\n(ii) required to be kept under the regulations;\n(b) the power to:\n(i) check the existence of, and inspect, any device\n(including weighing, measuring, recording or monitoring\ndevices) required to be installed, used or maintained\nunder the regulations; and\n(ii) inspect and take copies of, or extracts from, any readout\nor other data obtained from the device;\n\nTransport of Dangerous Goods by Road and Rail (National Uniform Legislation) Act 2010 37\n(c) the power to use photocopying equipment on the premises\nfree of charge for the purpose of copying any records or other\nmaterial;\n(d) the power to take, in accordance with section 65, a sample of\nany substance or packaging on the premises.\n(7) This section does not authorise the use of force by the officer, but\nthe officer may under this section do one or more the following in\nrelation to the premises:\n(b) inspect anything that has been opened or otherwise accessed\nunder the power to use reasonable force in the exercise of a\npower to enter or move a vehicle under this Part;\n(8) An authorised officer who enters premises under this section must\nnot unnecessarily impede any activities being conducted at the\npremises.\n","sortOrder":56},{"sectionNumber":"55","sectionType":"section","heading":"Power to search premises","content":"55 Power to search premises\n(1) An authorised officer may, for compliance purposes, search\npremises to which this Division applies if the officer believes on\nreasonable grounds there may be at the premises records, devices\nor other things that may provide evidence of an offence.\npremises or independently of such an inspection.\n(3) The officer may enter the premises for the purpose of conducting\nthe search.\n(4) Without limiting subsections (1) to (3), the officer may search, or\nenter and search, any vehicle at the premises.\n(5) The search may be conducted:\n(a) at any time under the authority of a warrant; or\n(b) at any time with the consent of the occupier of the premises or\nanother person apparently in charge of the premises; or\n\nTransport of Dangerous Goods by Road and Rail (National Uniform Legislation) Act 2010 38\n(c) if the premises are used for the purpose of carrying on a\nbusiness – at any time during ordinary business hours\napplicable at the premises (whether or not the premises are\nactually being used for that purpose) without:\n(i) a warrant; and\n(ii) the consent of the occupier, another person apparently\nin charge of the premises or any other person.\n(6) Before an authorised officer enters premises (not being a public\nplace) under this section, the officer must give the occupier or\nanother person apparently in charge of the premises reasonable\nnotice of the intention to enter unless:\n(a) giving the notice would be reasonably likely to defeat the\npurpose for which it is intended to enter the premises; or\n(b) entry to the premises is made with the consent of the occupier\nof the premises; or\n(c) entry is required in circumstances where the authorised officer\nreasonably believes there is an immediate risk to safety\nbecause of an operation being carried out at the premises in\nrelation to dangerous goods; or\n(d) entry is authorised by a warrant.\n(7) This section does not authorise, without a warrant or consent of the\noccupier of premises or another person apparently in charge of the\npremises, the entry or searching of:\n(a) the premises when they are unattended, unless the officer\nbelieves on reasonable grounds the premises are not\nunattended; or\n(b) the premises that are, or any part of premises that is, used\npredominantly for residential purposes.\n(8) Without limiting subsections (1) to (7), the power to search\npremises under this section includes the following:\n(a) the power to search for evidence of an offence;\n(b) the power to search for and inspect any records, devices or\nother things that relate to:\n(i) a vehicle or any part of its equipment or load located at\nthe premises; or\n\nTransport of Dangerous Goods by Road and Rail (National Uniform Legislation) Act 2010 39\n(ii) any dangerous goods or packaging located at the\npremises;\n(c) the power to take copies of, or extracts from, one or more of\nthe following:\n(i) any records required to be kept under the regulations\nthat are located at the premises;\n(ii) any transport documentation located at the premises;\nfrom any device or thing, located at the premises that the\nofficer believes on reasonable grounds provide, or may\non further inspection provide, evidence of an offence;\n(d) the power to use photocopying equipment on the premises\nfree of charge for the purpose of copying any records or other\nmaterial;\n(e) the power to take, in accordance with section 65, a sample of\nany substance or packaging on the premises.\n(9) The power to search premises under this section does not include a\npower to search a person.\n(10) The officer may seize and remove any records, devices or other\nthings from the premises that the officer believes on reasonable\ngrounds provide, or may on further inspection provide, evidence of\nan offence.\n(11) The officer may use reasonable force in the exercise of powers\n","sortOrder":57},{"sectionNumber":"56","sectionType":"section","heading":"Direction to give name and other personal details","content":"56 Direction to give name and other personal details\n(1) This section applies if an authorised officer suspects on reasonable\ngrounds an individual:\n(a) has committed or is committing or about to commit an offence;\nor\n(b) may be able to assist in the investigation of an offence.\n(2) The authorised officer may direct the person to give the officer then\nand there all or any of the person's personal details.\n\nTransport of Dangerous Goods by Road and Rail (National Uniform Legislation) Act 2010 40\n(3) If the authorised officer suspects on reasonable grounds a personal\ndetail given under subsection (2) is misleading information, the\nofficer may direct the person to produce evidence then and there of\nthe correctness of the detail.\n(4) A person given a direction under subsection (2) or (3) must comply\nMaximum penalty:\n(a) For a direction given under subsection (2) because of\nsubsection (1)(a) or a direction given under subsection (3) –\n60 penalty units.\n(b) For a direction given under subsection (2) because of\nsubsection (1)(b) – 40 penalty units.\n(5) An offence against subsection (4) is an offence of strict liability.\nsubsection (4) if the defendant establishes a reasonable excuse.\n(7) In this section:\npersonal details, in relation to a person, means the following:\n(a) the person's full name;\n(b) the person's date of birth;\n(c) the address of where the person is living;\n(d) the address of where the person usually lives;\n(e) the person's business address.\n","sortOrder":58},{"sectionNumber":"57","sectionType":"section","heading":"Direction to produce records, devices or other things","content":"57 Direction to produce records, devices or other things\n(1) An authorised officer may, for compliance purposes, direct a person\nto produce:\n(a) any records required to be kept by the person under this Act;\nor\n(b) any records required to be kept under this Act that are in the\nperson's possession or under the person's control; or\n\nTransport of Dangerous Goods by Road and Rail (National Uniform Legislation) Act 2010 41\n(c) any records, or any devices or other things that contain or may\ncontain records, that are:\n(i) in the person's possession or under the person's control;\nand\n(ii) relating to or indicating an offence.\n(2) The direction must:\n(a) specify the records, devices or other things, or classes of\nrecords, devices or other things, that are to be produced; and\n(b) specify where and to whom they are to be produced.\n(3) The officer may do one or more of the following:\n(a) inspect records, devices or other things that are produced;\n(b) make copies of, or take extracts from, records, devices or\nother things that are produced;\n(c) seize and remove records, devices or other things that are\nproduced that the officer believes on reasonable grounds may\non further inspection provide evidence of an offence.\n(4) A person who is given a direction under subsection (1) must comply\n(5) An offence against subsection (4) is an offence of strict liability.\nsubsection (4) if the defendant establishes a reasonable excuse.\n","sortOrder":59},{"sectionNumber":"58","sectionType":"section","heading":"Direction to provide information","content":"58 Direction to provide information\n(1) An authorised officer may, for compliance purposes, direct a person\ninvolved in the transport of dangerous goods to provide information\nto the officer about:\n(a) a vehicle; or\n(b) any load or equipment carried or intended to be carried by a\n\nTransport of Dangerous Goods by Road and Rail (National Uniform Legislation) Act 2010 42\n(2) Without limiting subsection (1), the direction may require a person\nassociated with a particular vehicle to provide information about the\ncurrent or intended trip of the vehicle, including:\n(a) the location of the start or intended start of the trip; and\n(b) the route or intended route of the trip; and\n(c) the location of the destination or intended destination of the\ntrip.\n(3) A person given a direction under subsection (1) must comply with\n","sortOrder":60},{"sectionNumber":"59","sectionType":"section","heading":"Direction to provide reasonable assistance","content":"59 Direction to provide reasonable assistance\n(1) An authorised officer may direct a person who is involved in the\ntransport of dangerous goods to provide reasonable assistance to\nthe officer to enable the officer effectively to exercise a power under\nthis Act in relation to the transport of the goods.\n(2) Without limiting subsection (1), the assistance may include\nassisting the officer to do the following:\n(a) to find and gain access to any records or information relating\nto a vehicle, including but not limited to:\n(i) records and information required to be kept in or on a\n(ii) records and information in a useable form for the\npurpose of ascertaining its compliance with requirements\nof this Act;\n(b) to find and gain access to:\n(i) devices on which information is electronically stored; and\n(ii) the information stored on the devices;\n(c) to weigh or measure:\n(i) the whole or any part of a vehicle; or\n\nTransport of Dangerous Goods by Road and Rail (National Uniform Legislation) Act 2010 43\n(ii) the whole or any part of its equipment or load;\n(d) to operate equipment or facilities for a purpose relevant to the\npower being, or proposed to be, exercised;\n(e) to provide access free of charge to photocopying equipment\nfor the purpose of copying any records or other material;\n(f) to take a sample of any substance or packaging.\n(3) A person given a direction under subsection (1) must comply with\n","sortOrder":61},{"sectionNumber":"60","sectionType":"section","heading":"Warrants","content":"60 Warrants\n(1) An authorised officer may apply to a Local Court Judge for a search\nwarrant for particular premises if the officer believes on reasonable\ngrounds one or more of the following circumstances exist:\n(a) there may be at the premises, then or within the next\n72 hours, records, devices or other things that may provide\nevidence of an offence;\n(b) there is or has been located at the premises a vehicle that has\nbeen or may have been involved in an offence or a dangerous\nsituation;\n(c) the premises are or may otherwise be connected (directly or\nindirectly) with one or both of the following:\n(i) a vehicle that has been or may have been involved in an\noffence or a dangerous situation;\n(ii) any part of the equipment or load of such a vehicle.\n(2) The application:\n(a) may be made orally before the Judge or in any other way\nprescribed by regulation; and\n(b) must be supported by evidence on oath or in an affidavit.\n\nTransport of Dangerous Goods by Road and Rail (National Uniform Legislation) Act 2010 44\n(3) The Judge may issue the search warrant if the Judge is satisfied\nthere are reasonable grounds for believing one or more of the\ncircumstances mentioned in subsection (1) exist.\n(4) The search warrant authorises an authorised officer named in the\nwarrant and any assistants the officer considers necessary:\n(a) to enter the premises specified in the warrant; and\n(b) to search for and seize a thing in accordance with the warrant.\n(5) The search warrant must specify the following:\n(a) the offence for which the warrant is issued;\n(b) the premises to be searched;\n(c) the thing for which the search is to be made;\n(d) any conditions to which the warrant is subject;\n(e) whether entry to the premises is authorised to be made at any\ntime or during specified hours;\n(f) a day, not later than 7 days after the issue of the warrant, on\nwhich the warrant ceases to have effect;\n(g) any other information prescribed by regulation.\n","sortOrder":62},{"sectionNumber":"61","sectionType":"section","heading":"Judges may issue warrants by electronic means","content":"61 Judges may issue warrants by electronic means\n(1) An authorised officer may apply to a Local Court Judge for a\nwarrant mentioned in section 60 by telephone, facsimile or other\nelectronic means in any of the following circumstances:\n(a) the warrant is required for an urgent case;\n(b) the delay that would occur if an application were made in\nperson would frustrate the effective execution of the warrant.\n(2) The Judge may require communication by voice with the applicant\nto the extent to which it is practicable in the circumstances.\n(3) The application:\n(a) must include all information required to be given in an\napplication for a warrant under section 60; but\n(b) may be made before the information is made on oath if the\nJudge considers it appropriate to do so.\n\nTransport of Dangerous Goods by Road and Rail (National Uniform Legislation) Act 2010 45\n(4) The Judge may, on the application, complete and sign the same\nform of warrant that would be issued under section 60 if the Judge:\n(a) has considered the information in the application and any\nfurther information the Judge requires; and\n(b) is satisfied the application is made in circumstances covered\nby subsection (1)(a) or (b).\n(5) If the Judge decides to issue the warrant, the Judge must inform\nthe applicant, by telephone or facsimile or other electronic means of\nthe terms of the warrant and the day on which and the time at which\nit was signed.\n(6) If the application was made as mentioned in subsection (3)(b), the\nauthorised officer must give to the Judge the information duly made\non oath not later than the earlier of the following:\n(a) the day after the day of expiry of the warrant;\n(b) the day after the day on which the warrant was executed.\n(7) The Judge must attach to the documents given under subsection\n(6) the form of warrant completed by the Magistrate.\n(8) If it is material in any proceedings for a court to be satisfied the\nexercise of a power under a warrant under this section was duly\nauthorised, the court must assume the exercise of the power was\nnot duly authorised unless the form of warrant signed by the Judge\nis produced in evidence.\n(9) If an application for a warrant is made under this section, section 60\napplies as if:\n(a) a reference in that section to 72 hours were a reference to\n48 hours; and\n(b) the reference to 7 days in section 60(5)(f) were a reference to\n","sortOrder":63},{"sectionNumber":"62","sectionType":"section","heading":"Use of assistants and equipment","content":"62 Use of assistants and equipment\n(1) An authorised officer may exercise powers under this Part with the\naid of such assistants and equipment as the officer considers\nreasonably necessary in the circumstances.\n(2) Powers that may be exercised by an authorised officer under this\nPart may be exercised by an assistant authorised and supervised\nby the officer only if the officer considers that it is reasonably\nnecessary in the circumstances to do so.\n\nTransport of Dangerous Goods by Road and Rail (National Uniform Legislation) Act 2010 46\n","sortOrder":64},{"sectionNumber":"63","sectionType":"section","heading":"Use of equipment to examine or process things","content":"63 Use of equipment to examine or process things\n(1) An authorised officer exercising a power under this Part may bring\nto the location of a vehicle or premises any equipment reasonably\nnecessary for the examination or processing of things found in, on\nor at the vehicle or premises in order to determine whether they\nmay be seized.\n(2) The officer may operate equipment already at the location to carry\nout the examination or processing if the officer believes on\nreasonable grounds:\n(a) the equipment is suitable for the examination or the\nprocessing; and\n(b) the examination or processing can be carried out without\ndamage to the equipment or the thing.\n(3) The things may be moved to another place so that the examination\nor processing can be carried out if:\n(a) it is not practicable to examine or process the things at the\nlocation; or\n(b) the occupier of the vehicle or premises consents in writing for\nthem to be moved.\n","sortOrder":65},{"sectionNumber":"64","sectionType":"section","heading":"Use or seizure of electronic equipment","content":"64 Use or seizure of electronic equipment\n(a) a thing found in, on or at a vehicle or premises is, or includes,\na disk, tape or other device for the storage of information (a\nstorage device); and\n(b) equipment at the location of the vehicle or premises may be\nused with the storage device; and\n(c) an authorised officer believes on reasonable grounds the\ninformation stored on the storage device is relevant to\ndetermine whether an offence has been committed.\n(2) The authorised officer may operate the equipment to access the\ninformation.\n(3) If the officer finds that the storage device contains information\nmentioned in subsection (1)(c), the officer may:\n(a) put the information in a documentary form and seize the\ndocuments so produced; or\n\nTransport of Dangerous Goods by Road and Rail (National Uniform Legislation) Act 2010 47\n(b) copy the information to another storage device and remove\nthat other storage device; or\n(c) if it is not practicable to put the information in a documentary\nform or to copy the information – seize the storage device and\nthe equipment that enables the information to be accessed.\n(4) The officer must not operate or seize equipment under this section\nunless the officer believes on reasonable grounds the operation or\nseizure can be carried out without damage to the equipment.\n","sortOrder":66},{"sectionNumber":"65","sectionType":"section","heading":"Sample-taking procedure","content":"65 Sample-taking procedure\n(1) Despite any other provisions in this Part, an authorised officer may\ntake a sample only if:\n(a) it is safe to do so; and\n(b) doing so will not result in a dangerous situation arising.\n(2) An authorised officer must:\n(a) unless it is not safe to do so, immediately after taking any\nsample of a substance, divide it into the following parts:\n(i) one part that is to be retained for future comparison;\n(ii) one part that is to be given to the person from whom the\nsample was taken;\n(iii) if the officer intends to have the sample tested or\nanalysed – one part for that testing or analysis; and\n(b) immediately after dividing the sample:\n(i) enclose each part of the sample in packaging in a way\nthat prevents the contamination of the part; and\n(ii) mark or label the packaging in a way that enables the\npart to be identified.\n(3) If an authorised officer finds packages that appear to be identical\nduring an inspection or search, the officer:\n(a) may take 2 or more of the packages as samples; and\n(b) must, immediately after doing so:\n(i) enclose each package taken in a packaging in a way\nthat prevents the contamination of the package; and\n\nTransport of Dangerous Goods by Road and Rail (National Uniform Legislation) Act 2010 48\n(ii) mark or label the packaging in a way that enables the\nsample to be identified; and\n(iii) give one of the samples to the person from whom the\nsample was taken.\n(4) If a person refused to accept a sample or part of a sample required\nto be given to the person under subsection (2)(a)(ii) or (3)(b)(iii), the\nauthorised officer must:\n(a) retain the sample or part; and\n(b) give the retained sample or part to the person if subsequently\nasked to do so by the person.\n(5) An authorised officer intending to take a sample under this Part\nmust, before removing the sample from the vehicle or premises (as\nappropriate), give a written receipt that identifies the sample to the\nperson from whom the sample was taken.\n(6) In this section, a person from whom the sample was taken is:\n(a) for an inspection or search under section 37, 38, 48 or 49 –\nthe driver of the vehicle, or the person apparently in charge of\nthe vehicle; or\n(b) for an inspection or search under section 54 or 55 – the\noccupier, or apparent occupier, of the premises.\n","sortOrder":67},{"sectionNumber":"66","sectionType":"section","heading":"Receipt for and access to seized material","content":"66 Receipt for and access to seized material\nIf a record, device or other thing is seized and removed under this\nPart by an authorised officer, the officer must:\n(a) give a receipt for it to the person from whom it is seized and\nremoved; and\n(b) allow the person who would normally be entitled to possession\nof it reasonable access to it if it is practicable to do so.\n","sortOrder":68},{"sectionNumber":"67","sectionType":"section","heading":"Embargo notices","content":"67 Embargo notices\n(a) an authorised officer is authorised by the Competent Authority\nto seize any record, device or other thing (the relevant thing)\nfrom a vehicle or premises under this Part; and\n\nTransport of Dangerous Goods by Road and Rail (National Uniform Legislation) Act 2010 49\n(b) the relevant thing cannot, or cannot readily, be physically\nseized and removed.\n(2) The officer may issue a notice (an embargo notice) forbidding any\ndealing with the relevant thing or a part of (including, for example,\nits movement, sale, leasing, or transfer and deletion of information\nfrom it) without the written consent of:\n(a) the officer; or\n(b) the Competent Authority.\n(3) The embargo notice must:\n(a) be as prescribed by regulation; and\n(b) list the activities that it forbids; and\n(c) set out the offences against subsections (5) and (7).\n(4) The officer may issue the notice:\n(a) by causing a copy of the notice to be served on the person\nwith responsibility for the vehicle or premises; or\n(b) if that person cannot be located or ascertained after all\nreasonable steps have been taken to do so – by affixing a\ncopy of the notice to the relevant thing in a prominent position.\n(5) A person must not:\n(a) engage in conduct forbidden by the embargo notice; or\n(b) instruct another person to engage in such conduct.\n(a) knows the conduct is forbidden by the embargo notice; and\n(b) intentionally:\n(i) engages in the conduct; or\n(ii) instructs another person to do so.\n\nTransport of Dangerous Goods by Road and Rail (National Uniform Legislation) Act 2010 50\nsubsection (5) if the defendant establishes that the defendant:\n(a) moved the relevant thing, or part of it, to protect or preserve it;\nand\n(b) notified the officer who issued the notice of the move, and of\nthe new location of the relevant thing or part of it, within\n48 hours after the move.\n(7) A person on whom an embargo notice has been served must take\nreasonable steps to prevent anyone from engaging in conduct\nforbidden by the notice.\n(8) An offence against subsection (7) is an offence of strict liability.\n(9) It is a defence to a prosecution for an offence against\nsubsection (7) if the defendant establishes a reasonable excuse.\n(10) Despite anything in any other Act, a sale, lease or transfer or other\ndealing with a record, device or other thing, or part of it, in\ncontravention of this section is void.\n","sortOrder":69},{"sectionNumber":"68","sectionType":"section","heading":"Return of seized thing","content":"68 Return of seized thing\n(1) As soon as practicable after an authorised officer seizes anything\n(including a document) under this Part, the officer must return the\nthing to the owner unless:\n(a) the officer considers it necessary to retain the thing because it\nmay afford evidence in proceedings that have been or may be\ncommenced for an offence; or\n(b) the thing is forfeited to the Territory under this Act; or\n(c) the officer is otherwise authorised (by law or an order of a\ncourt) to retain, destroy or dispose of the thing.\n(2) The thing may be returned either unconditionally or on terms and\nconditions that the authorised officer considers appropriate.\n(3) If the authorised officer, by notice to the owner, imposes a term or\ncondition on the return of a thing, the owner must comply with the\nterm or condition.\n\nTransport of Dangerous Goods by Road and Rail (National Uniform Legislation) Act 2010 51\n","sortOrder":70},{"sectionNumber":"69","sectionType":"section","heading":"Forfeiture","content":"69 Forfeiture\n(1) A thing (including a sample) taken for analysis or seized under this\nPart is forfeited to the Territory if the authorised officer who took or\narranged the taking of, or seized, the thing:\n(a) after making reasonable efforts, cannot return it to its owner;\nor\n(b) after making reasonable inquiries, cannot find its owner; or\n(c) considers it necessary to retain the thing to prevent the\ncommission of an offence.\n(2) If a thing is forfeited under subsection (1)(c), the authorised officer\nmust, unless the officer cannot find its owner after making\nreasonable inquiries, by notice given to the owner:\n(a) advise the owner about the forfeiture; and\n(b) advise the owner how an application may be made under the\nregulations for a review of the decision to forfeit the thing.\n(3) For subsections (1) and (2), the authorised officer is not required to\nmake efforts as mentioned in subsection (1)(a) or inquiries as\nmentioned in subsection (1)(b) or (2) if it would be unreasonable to\ndo so in the circumstances.\n(4) For subsections (1) to (3), regard must be had to the condition,\nnature and value of the sample or thing in deciding whether:\n(a) it is reasonable to make the efforts or inquiries; and\n(b) if efforts or inquiries are made, what efforts or inquiries,\nincluding the period over which they are made, are\nreasonable.\n(5) In this section:\nowner, in relation to a thing taken for analysis, includes the person\nin charge of:\n(a) the thing; or\n(b) the place from which the thing was taken.\n\nTransport of Dangerous Goods by Road and Rail (National Uniform Legislation) Act 2010 52\n","sortOrder":71},{"sectionNumber":"70","sectionType":"section","heading":"Dealing with forfeited thing","content":"70 Dealing with forfeited thing\n(1) On the forfeiture of a thing to the Territory, it becomes the\nTerritory's property and may be dealt with in any way the\nCompetent Authority considers appropriate.\n(2) Without limiting subsection (1), the Competent Authority may\ndestroy or dispose of the thing.\n","sortOrder":72},{"sectionNumber":"71","sectionType":"section","heading":"Limit on use of force","content":"71 Limit on use of force\nA provision of this Part that authorises an authorised officer to use\nreasonable force does not authorise the use of force against an\nindividual unless the authorised officer is also a police officer.\n","sortOrder":73},{"sectionNumber":"72","sectionType":"section","heading":"Consent","content":"72 Consent\n(1) Before obtaining the consent of a person for a provision of this Part,\nan authorised officer must inform the person that the person may\nrefuse to give consent.\n(2) An entry by or the exercise of any power under this Part by an\nauthorised officer as a result of a person's consent is not lawful\nunless the person voluntarily gave the consent.\n(3) Consent may be withdrawn after it has been given, and the power\nconcerned must no longer be exercised.\n","sortOrder":74},{"sectionNumber":"73","sectionType":"section","heading":"Giving directions under this Part","content":"73 Giving directions under this Part\n(1) A direction under this Part may be given orally, in writing or in any\nother way.\n(2) A direction not given in person may be sent or transmitted by post,\ntelephone, facsimile, email, radio or in any other way.\n(3) A direction may be given to a driver orally or by means of a sign or\nsignal (electronic or otherwise), or in any other way.\n","sortOrder":75},{"sectionNumber":"74","sectionType":"section","heading":"Directions to specify when to be complied with","content":"74 Directions to specify when to be complied with\n(1) An oral direction given under this Part must specify whether it is to\nbe complied with then and there or within a specified period.\n(2) A written direction given under this Part must specify the period\nwithin which it is to be complied with.\n\nTransport of Dangerous Goods by Road and Rail (National Uniform Legislation) Act 2010 53\n","sortOrder":76},{"sectionNumber":"75","sectionType":"section","heading":"Directions may be given under more than one provision","content":"75 Directions may be given under more than one provision\n(1) An authorised officer may, on the same occasion, give directions\nunder one or more provisions of this Part.\n(2) Without limiting subsection (1), an authorised officer may, in the\ncourse of exercising powers under a provision of this Part, do one\nor both of the following:\n(a) give further directions under the provision;\n(b) give directions under one or more provisions of this Part.\n","sortOrder":77},{"sectionNumber":"76","sectionType":"section","heading":"Restoring vehicle or premises to original condition after action","content":"76 Restoring vehicle or premises to original condition after action\ntaken\n(a) an authorised officer or a person authorised by the officer has\ntaken action in the exercise or purported exercise of a power\nunder this Part in relation to:\n(i) a vehicle or its equipment or load; or\n(ii) any premises; and\n(b) damage was caused by the unreasonable exercise of the\npower or use of force not authorised under this Part.\n(2) The officer must take reasonable steps to return the vehicle,\nequipment, load or premises to the condition it was in immediately\nbefore the action was taken.\n","sortOrder":78},{"sectionNumber":"77","sectionType":"section","heading":"Protection from incrimination","content":"77 Protection from incrimination\n(1) This section applies if a person is required to do any of the following\nthings in compliance with a direction under this Act:\n(a) to answer a question;\n(b) to produce a document;\n(c) to provide information.\n(2) The person is not excused from doing any of the things on the\nground that doing so may result in information being provided that\nmight tend to incriminate the person or make the person liable to a\npenalty.\n\nTransport of Dangerous Goods by Road and Rail (National Uniform Legislation) Act 2010 54\n(3) However, any information obtained or document produced as a\ndirect result of the compliance with the direction by an individual is\nnot admissible in evidence against the individual in proceedings for\nan offence or the imposition of a penalty (other than proceedings for\nthe making of a false or misleading statement).\n","sortOrder":79},{"sectionNumber":"78","sectionType":"section","heading":"Providing evidence to other authorities","content":"78 Providing evidence to other authorities\n(1) The Competent Authority may, for law enforcement purposes, give\na record, device or other thing seized, or any information obtained,\nunder this Part to a public authority, including a public authority of\nanother jurisdiction.\n(2) Subsection (1) has effect except as provided by the Information\nAct 2002.\n","sortOrder":80},{"sectionNumber":"79","sectionType":"section","heading":"Obstructing authorised officers","content":"79 Obstructing authorised officers\n(1) A person must not obstruct an authorised officer acting in an official\ncapacity.\n(a) knows the authorised officer is acting in an official capacity;\nand\n(b) intentionally obstructs the authorised officer.\nMaximum penalty: 50 penalty units or imprisonment for\n6 months.\n(2) In this section:\nobstruct includes hinder and resist.\n","sortOrder":81},{"sectionNumber":"80","sectionType":"section","heading":"Grant of exemption","content":"80 Grant of exemption\n(1) A person, or a representative of a class of persons, may apply to\nthe Competent Authority for an exemption from compliance with a\nprovision of the regulations in relation to the transport of particular\ndangerous goods.\n\nTransport of Dangerous Goods by Road and Rail (National Uniform Legislation) Act 2010 55\n(2) The Competent Authority may, on its own initiative or on an\napplication made under subsection (1), exempt a person or class of\npersons from compliance with a provision of the regulations in\nrelation to the transport of particular dangerous goods if satisfied:\n(a) it is not reasonably practicable for the person or class of\npersons to comply with the provision; and\n(b) granting the exemption:\n(i) would not be likely to create a risk of death or injury to a\nperson, or harm to the environment or to property,\ngreater than that which would be the case if the person\nor class of persons were required to comply with the\nprovision; and\n(ii) would not cause unnecessary administrative or\nenforcement difficulties, particularly in relation to\nmaintaining national uniformity of road and rail transport\nlaws.\n(3) An exemption may be subject to specified conditions, including a\ncondition that the exemption applies to one or both of the following:\n(a) the transport of dangerous goods by road;\n(b) the transport of dangerous goods by rail.\n(4) If the Competent Authority grants an exemption to a person, it must\ngive a notice to the person, stating the following:\n(a) the provision of the regulations that is the subject of the\nexemption;\n(b) the dangerous goods to which the exemption applies;\n(c) the geographical area to which the exemption applies;\n(d) when the exemption is to be in force;\n(e) any conditions of the exemption.\n(5) If the Competent Authority grants an exemption to a class of\npersons, or an exemption that is to remain in force for longer than\n6 months, the Competent Authority must:\n(a) publish a notice in the Government Gazette specifying all the\ndetails in subsection (4) and the person or class of persons to\nwhich the exemption applies; and\n\nTransport of Dangerous Goods by Road and Rail (National Uniform Legislation) Act 2010 56\n(b) notify the corresponding authority of each jurisdiction of the\ndetails of the exemption.\n(6) A person operating under an exemption must not engage in\nconduct that results in a contravention of a condition of the\nexemption.\n(a) knows about the exemption and conditions of the exemption;\nand\n(b) intentionally engages in conduct that results in a contravention\nof a condition of the exemption; and\n(c) is reckless as to whether the conduct would result in a\ncontravention of the condition.\nMaximum penalty: 60 penalty units\n(7) If an exemption granted to a person applies to a vehicle or\npremises, the person must keep a copy of the notice of exemption\nin the vehicle or at the premises.\nMaximum penalty: 5 penalty units.\n(8) An offence against subsection (7) is an offence of strict liability.\n","sortOrder":82},{"sectionNumber":"81","sectionType":"section","heading":"Variation and cancellation of exemptions and conditions","content":"81 Variation and cancellation of exemptions and conditions\n(1) The Competent Authority may cancel an exemption if it is:\n(a) satisfied there has been a failure to comply with a condition of\nthe exemption; or\n(b) no longer satisfied of the matters mentioned in section 80(2) in\nrelation to the exemption.\n(2) The Competent Authority may vary or cancel conditions, or impose\nnew conditions, of an exemption, by:\n(a) for an exemption granted to a person – written notice given to\nthe person; or\n(b) for an exemption granted to a class of persons – notice\npublished in the Government Gazette.\n(3) The notice takes effect from the day the notice is given or published\n(as appropriate), or a later day specified in the notice.\n\nTransport of Dangerous Goods by Road and Rail (National Uniform Legislation) Act 2010 57\n","sortOrder":83},{"sectionNumber":"82","sectionType":"section","heading":"Minister's orders to suspend operation of regulations","content":"82 Minister's orders to suspend operation of regulations\n(1) The Minister may, by notice published in the Government Gazette,\norder the operation of all or specified parts of the regulations:\n(a) is suspended for a specified period; or\n(b) is varied in a way specified by the Minister.\n(2) The order has effect for all or parts of the Territory as specified in\nthe order.\n","sortOrder":84},{"sectionNumber":"83","sectionType":"section","heading":"Failure to hold licence","content":"83 Failure to hold licence\n(1) A prime contractor must not use a vehicle to transport dangerous\ngoods (otherwise than as the driver of the vehicle) if:\n(a) intentionally uses a vehicle to transport dangerous goods\n(otherwise than as the driver of the vehicle); and\n(b) is reckless as to whether the vehicle is licensed to transport\nthe goods under the regulations.\n(2) A person must not consign dangerous goods for transport by road\non a vehicle if:\n\nTransport of Dangerous Goods by Road and Rail (National Uniform Legislation) Act 2010 58\n(a) intentionally consigns dangerous goods for transport by road\non a vehicle; and\n(b) is reckless as to whether the vehicle is licensed under the\nregulations.\n(3) A person must not employ, engage or permit another person to\ndrive a vehicle transporting dangerous goods if:\n(a) the regulations require the other person to be licensed to drive\nthe vehicle; and\n(b) the other person is not licensed under the regulations.\n(a) intentionally employs, engages or permits another person to\ndrive a vehicle transporting dangerous goods; and\n(b) is reckless as to whether the other person is licensed to drive\nthe vehicle under the regulations.\n(4) A person must not drive a vehicle transporting dangerous goods if:\n(5) A person must not drive a vehicle transporting dangerous goods if:\n(a) the regulations require the person to be licensed to drive the\nvehicle; and\n\nTransport of Dangerous Goods by Road and Rail (National Uniform Legislation) Act 2010 59\n(b) the person is not licensed under the regulations.\n(6) An offence against subsection (4) or (5) is an offence of strict\nliability.\nsubsection (4) or (5) if the defendant establishes a reasonable\nexcuse.\n","sortOrder":85},{"sectionNumber":"84","sectionType":"section","heading":"Goods too dangerous to be transported","content":"84 Goods too dangerous to be transported\n(1) A person commits an offence if the person:\n(a) intentionally:\n(i) consigns goods for transport; or\n(ii) arranges the transport of goods on a vehicle owned or\ncontrolled by the person; and\n(b) the goods are goods that are prescribed by the regulations as\nbeing too dangerous to be transported.\n(2) Strict liability applies to subsection (1)(b).\n","sortOrder":86},{"sectionNumber":"85","sectionType":"section","heading":"Duties concerning the transport of dangerous goods","content":"85 Duties concerning the transport of dangerous goods\n(1) A person commits an offence if the person:\n(a) is involved in the transport of dangerous goods by road or rail;\nand\n(b) fails to ensure the goods are transported in a safe way.\n(a) intentionally engages in conduct constituting involvement in\nthe transport of dangerous goods by road or rail; and\n(b) is reckless as to whether or not the goods are transported in a\nsafe way.\n\nTransport of Dangerous Goods by Road and Rail (National Uniform Legislation) Act 2010 60\nsubsection (1) if the defendant establishes that the defendant\ncomplied with the subsection as far as it is reasonably practicable\nto do so.\n","sortOrder":87},{"sectionNumber":"86","sectionType":"section","heading":"Improvement notice","content":"86 Improvement notice\n(1) An authorised officer who believes on reasonable grounds a person\nhas contravened or is contravening or likely to contravene a\nprovision of this Act may serve on the person an improvement\nnotice:\n(a) specifying the provision, belief and reasons for the belief; and\n(b) requiring the person to remedy:\n(i) the contravention or likely contravention; or\n(ii) the matters or activities occasioning the contravention or\nlikely contravention; and\n(c) specifying the way in which the person should remedy the\ncontravention, likely contravention, matters or activities; and\n(d) specifying the period within which the person must comply\nwith the notice; and\n(e) including information about applying for a review of the\ndecision to serve the notice.\n(2) The authorised officer must have regard to the following when\ndeciding to serve the notice:\n(a) the nature of the contravention or likely contravention;\n(b) any risk to persons or property resulting from the\ncontravention or likely contravention and the severity of the\nrisk.\n","sortOrder":88},{"sectionNumber":"87","sectionType":"section","heading":"Contravention of improvement notice","content":"87 Contravention of improvement notice\n(1) A person commits an offence if:\n(a) an improvement notice has been served on the person; and\n\nTransport of Dangerous Goods by Road and Rail (National Uniform Legislation) Act 2010 61\nof the notice.\nsubsection (1) if:\n(a) the defendant establishes a reasonable excuse; or\n(b) without limiting paragraph (a), the defendant establishes the\ndefendant remedied the alleged contravention, likely\ncontravention, matters or activities to which the notice relates\nin a way different from that specified in the notice.\n","sortOrder":89},{"sectionNumber":"88","sectionType":"section","heading":"Amendment of improvement notice","content":"88 Amendment of improvement notice\n(1) An improvement notice may be amended by an authorised officer\nserving an amendment notice on the person served with the\nimprovement notice.\n(2) The amendment notice must:\n(a) specify the amendment and reasons for the amendment; and\n(b) include information about applying for a review of the decision\nto amend the improvement notice under the regulations.\n(3) The amendment notice has no effect if it purports to deal with a\ncontravention or likely contravention of a different provision of this\nAct from the provision dealt with in the improvement notice.\n","sortOrder":90},{"sectionNumber":"89","sectionType":"section","heading":"Cancellation of improvement notice","content":"89 Cancellation of improvement notice\nAn improvement notice may be cancelled by the Competent\nAuthority or an authorised officer serving a notice of cancellation on\nthe person served with the improvement notice.\n","sortOrder":91},{"sectionNumber":"90","sectionType":"section","heading":"Clearance certificate","content":"90 Clearance certificate\n(1) An authorised officer may issue a clearance certificate to the effect\nthat all or specified requirements of an improvement notice have\nbeen complied with.\n(2) An improvement notice ceases to have effect in relation to a\nrequirement on receipt, by the person on whom the notice was\nserved, of a clearance certificate covering that requirement.\n\nTransport of Dangerous Goods by Road and Rail (National Uniform Legislation) Act 2010 62\n","sortOrder":92},{"sectionNumber":"91","sectionType":"section","heading":"Proceedings for an offence not affected","content":"91 Proceedings for an offence not affected\nThe service, amendment or cancellation of an improvement notice\ndoes not affect any proceedings for an offence.\n","sortOrder":93},{"sectionNumber":"92","sectionType":"section","heading":"Definition","content":"92 Definition\ndangerous activity means an activity that:\n(a) relates to the transport of dangerous goods by road or rail;\nand\n(b) is occurring or may occur in relation to, or in the immediate\nvicinity of, the dangerous goods; and\n(c) is creating, or that could create, a dangerous situation or risk\nto the safety of any person.\n","sortOrder":94},{"sectionNumber":"93","sectionType":"section","heading":"Prohibition notice","content":"93 Prohibition notice\n(1) An authorised officer who believes on reasonable grounds a\ndangerous activity is occurring or is likely to occur may serve on a\nperson who has or appears to have control over the activity a\nprohibition notice:\n(a) specifying the belief and reasons for the belief; and\n(b) requiring the person to cease the dangerous activity or to\ncease carrying it out in a specified way; and\n(c) if the officer believes the dangerous activity involves a\ncontravention of a law in force in the Territory – specifying that\nlaw; and\n(d) including information about applying for a review of the\ndecision to serve the notice.\n(2) In addition, the prohibition notice may specify one or more of the\n(a) a direction on measures to be taken by the person to minimise\nor eliminate the risk caused by the dangerous activity;\n(b) alternative ways in which the person is to minimise or\neliminate the risk caused by the dangerous activity;\n\nTransport of Dangerous Goods by Road and Rail (National Uniform Legislation) Act 2010 63\n(c) if the notice prohibits the carrying out of an activity in a\nspecified way – one or more of the following:\n(i) a place where the activity may not be carried out;\n(ii) any thing that may not be used in connection with the\nactivity;\n(iii) any procedure that may not be followed in connection\nwith the activity.\n(3) The prohibition notice has effect from the date on which it is served\nor a later date specified in the notice until:\n(a) the authorised officer has certified in writing the activity is not\nor is no longer a dangerous activity and notified the person of\nthat certification; or\n(b) the notice is cancelled.\n","sortOrder":95},{"sectionNumber":"94","sectionType":"section","heading":"Contravention of prohibition notice","content":"94 Contravention of prohibition notice\n(1) A person commits an offence if:\n(a) a prohibition notice has been served on the person; and\nof the notice.\nsubsection (1) if the defendant establishes a reasonable excuse.\n","sortOrder":96},{"sectionNumber":"95","sectionType":"section","heading":"Oral direction may be given before prohibition notice is served","content":"95 Oral direction may be given before prohibition notice is served\ngrounds:\n(a) a dangerous activity is occurring or may occur; and\n(b) it is not reasonable or immediately possible to serve a\nprohibition notice.\n(2) The authorised officer may orally direct a person who has or\nappears to have control over the activity to do or not to do a\nspecified act.\n\nTransport of Dangerous Goods by Road and Rail (National Uniform Legislation) Act 2010 64\n(3) The authorised officer must, in giving the direction:\n(a) specify the reason for giving the direction; and\n(b) tell the person that it is an offence not to comply with the\ndirection.\n(4) The direction ceases to have effect if a prohibition notice for the\ndangerous activity is not served on the person within 5 days after\nthe direction is given.\n(5) A person commits an offence if:\n(a) a direction under subsection (2) has been given to the person;\nand\nof the direction.\nsubsection (5) if the defendant:\n(a) establishes a reasonable excuse; and\n(b) without limiting paragraph (a), establishes that the authorised\nofficer did not tell the person that it is an offence not to comply\n","sortOrder":97},{"sectionNumber":"96","sectionType":"section","heading":"Amendment of prohibition notice","content":"96 Amendment of prohibition notice\n(1) A prohibition notice may be amended by an authorised officer\nserving an amendment notice on the person served with the\nprohibition notice.\n(2) The amendment notice must:\n(a) specify the amendment and reasons for the amendment; and\n(b) include information about applying for a review of the decision\nto amend the prohibition notice under the regulations.\n(3) The amendment notice has no effect if it purports to deal with a\ncontravention of a different provision of a law from that dealt with in\nthe prohibition notice.\n\nTransport of Dangerous Goods by Road and Rail (National Uniform Legislation) Act 2010 65\n","sortOrder":98},{"sectionNumber":"97","sectionType":"section","heading":"Cancellation of prohibition notice","content":"97 Cancellation of prohibition notice\nA prohibition notice may be cancelled by the Competent Authority\nor an authorised officer serving a notice of cancellation on the\nperson served with the prohibition notice.\n","sortOrder":99},{"sectionNumber":"98","sectionType":"section","heading":"Proceedings for an offence not affected","content":"98 Proceedings for an offence not affected\nThe service, amendment or cancellation of a prohibition notice does\nnot affect any proceedings for an offence.\n","sortOrder":100},{"sectionNumber":"99","sectionType":"section","heading":"Formal warnings","content":"99 Formal warnings\n(1) An authorised officer may, instead of taking proceedings against a\nperson for a contravention of this Act, formally warn the person if\nthe officer believes:\n(a) the person had taken reasonable steps to prevent the\ncontravention and was unaware of the contravention; and\n(b) the contravention is appropriate to be dealt with by way of a\nformal warning under this section.\n(2) A formal warning must be in writing.\nproceedings includes action by way of an infringement notice.\n","sortOrder":101},{"sectionNumber":"100","sectionType":"section","heading":"Withdrawal of formal warnings","content":"100 Withdrawal of formal warnings\n(1) A formal warning may be withdrawn by the Competent Authority by\nserving on the alleged offender a notice of withdrawal within\n21 days after the formal warning was given.\n(2) After the formal warning has been withdrawn, proceedings may be\ntaken against the person for the contravention.\nproceedings includes action by way of an infringement notice.\n\nTransport of Dangerous Goods by Road and Rail (National Uniform Legislation) Act 2010 66\nDivision 1 Proceedings for offences\n","sortOrder":102},{"sectionNumber":"101","sectionType":"section","heading":"Prosecution for offence","content":"101 Prosecution for offence\nA prosecution for an offence may be brought by the Competent\nAuthority or an authorised officer.\n","sortOrder":103},{"sectionNumber":"102","sectionType":"section","heading":"Period within which proceedings for offences may be","content":"102 Period within which proceedings for offences may be\ncommenced\n(1) Proceedings for an offence must be commenced within:\n(a) the period of 2 years after the commission of the alleged\noffence; or\n(b) a period of 1 year commencing on the day on which the\nCompetent Authority or an authorised officer first obtained\nevidence of the commission of the alleged offence.\n(2) A document purporting to be a certificate issued by the Competent\nAuthority or an authorised officer stating the date on which the\nAuthority or officer first obtained the evidence mentioned in\nsubsection (1)(b) is evidence of the matters stated in it.\n","sortOrder":104},{"sectionNumber":"103","sectionType":"section","heading":"Sanctions imposed by courts","content":"103 Sanctions imposed by courts\n(1) A court that finds a person guilty of an offence:\n(a) may impose one or more sanctions provided for by this Part in\naddition to any penalty imposed for the offence; and\n(b) must consider, when imposing more than one sanction\nprovided for by this Part, the combined effect of the sanctions.\n(2) This Part does not affect any discretions or powers that a court or\nother person or body has apart from this Part.\n(3) If the operation of this Part results in both a supervisory intervention\norder and an exclusion order being in force at the same time for the\nsame person, the supervisory intervention order has no effect while\nthe exclusion order has effect.\n\nTransport of Dangerous Goods by Road and Rail (National Uniform Legislation) Act 2010 67\n","sortOrder":105},{"sectionNumber":"Div 3","sectionType":"division","heading":"Commercial benefits penalty orders","content":"Division 3 Commercial benefits penalty orders\n","sortOrder":106},{"sectionNumber":"104","sectionType":"section","heading":"Court may make commercial benefits penalty order","content":"104 Court may make commercial benefits penalty order\napplication of the Competent Authority, make a commercial benefits\npenalty order requiring the person to pay a fine not exceeding\n3 times the amount estimated by the court to be the gross\ncommercial benefit that:\n(a) was received or receivable, by the person or by an associate\nof the person, from the commission of the offence; and\n(b) for a journey that was interrupted or not commenced because\nof actions taken by an authorised officer – would have been\nreceived or receivable, by the person or by an associate of the\nperson, from the commission of the offence had the journey\nbeen completed.\n(2) In estimating the gross commercial benefit under subsection (1),\nthe court may take into account:\n(a) benefits of any kind, whether monetary or otherwise; and\n(b) any other matters it considers relevant, including, for example:\n(i) the value of any goods involved in the offence; and\n(ii) the distance over which the goods were or were to be\ncarried.\n(3) However, the court must disregard any costs, expenses or liabilities\nincurred by the person or an associate of the person in estimating\nthe gross commercial benefit.\n","sortOrder":107},{"sectionNumber":"105","sectionType":"section","heading":"Power to affect licences","content":"105 Power to affect licences\n(1) The court that finds the driver of a vehicle guilty of an offence may\nmake an order for one or both of the following:\n(a) that a licence the driver is required to have by the regulations\nis cancelled or modified or suspended for a specified period;\n(b) that the driver is disqualified for a specified period from\nobtaining or holding a licence a person is required to have by\nthe regulations.\n(2) The order takes effect immediately or from a later specified date.\n\nTransport of Dangerous Goods by Road and Rail (National Uniform Legislation) Act 2010 68\n","sortOrder":108},{"sectionNumber":"106","sectionType":"section","heading":"Power to affect road vehicle registration","content":"106 Power to affect road vehicle registration\n(1) This section applies if the registered operator of a road vehicle is\nfound guilty of an offence in relation to the vehicle.\n(2) The court that finds the person guilty of the offence may make an\norder for one or both of the following:\n(a) that the registration of the vehicle is cancelled or suspended\nfor a specified period;\n(b) that the registered operator or an associate of the registered\noperator is disqualified from registering the vehicle for a\nspecified period.\n(3) If the court considers that another person who is not present in\ncourt may be substantially affected by an order under this section,\nthe court may issue a summons to that other person to show cause\nwhy the order should not be made.\n(4) The order takes effect immediately or from a later specified date.\n(5) In this section:\nAustralian Authority means:\n(a) the Registrar of Motor Vehicles for a road law that is a law of\nthe Territory; or\n(b) for any other road law – a person or body having a function\nsimilar to that of the Registrar of Motor Vehicles under that\nlaw.\nregistered operator, in relation to a road vehicle, means the\nperson recorded by an Australian Authority on a register maintained\nin accordance with a road law as the person responsible for the\nvehicle (whether or not called the operator).\n","sortOrder":109},{"sectionNumber":"107","sectionType":"section","heading":"Court may make supervisory intervention order","content":"107 Court may make supervisory intervention order\napplication of the Competent Authority, make a supervisory\nintervention order for the person if the court considers the person to\nbe a systematic or persistent offender against this Act.\n\nTransport of Dangerous Goods by Road and Rail (National Uniform Legislation) Act 2010 69\n(2) The supervisory intervention order is to require the person (at the\nperson's own expense and for a specified period not exceeding\n1 year) to do one or more of the following:\n(a) to do specified things that the court considers will improve the\nperson's compliance with this Act or specified provisions of\nthis Act, including, for example, the following:\n(i) appointing or removing staff to or from particular\nactivities or positions;\n(ii) training and supervising staff;\n(iii) obtaining expert advice as to maintaining appropriate\ncompliance;\n(iv) installing monitoring, compliance, managerial or\noperational equipment (including, for example, intelligent\ntransport system equipment);\n(v) implementing monitoring, compliance, managerial or\noperational practices, systems or procedures;\n(b) to conduct specified monitoring, compliance, managerial or\noperational practices, systems or procedures subject to the\ndirection of the Competent Authority or a person nominated by\nthe Authority;\n(c) to furnish compliance reports to the Competent Authority or\nthe court (or both) as specified in the order;\n(d) to appoint a person to have responsibilities:\n(i) to assist the person in improving compliance with this\nAct or specified provisions of this Act; and\n(ii) to monitor the person's performance in complying with\nthis or specified provisions of this Act and in complying\nwith the requirements of the order; and\n(iii) to furnish compliance reports to the Competent Authority\nor the court (or both) as specified in the order.\n(3) The court may:\n(a) specify matters that are to be dealt with in compliance reports;\nand\n(b) specify the form, frequency and way in which compliance\nreports are to be prepared and furnished; and\n\nTransport of Dangerous Goods by Road and Rail (National Uniform Legislation) Act 2010 70\n(c) require that compliance reports or aspects of compliance\nreports be made public; and\n(d) specify the form, frequency and way in which they are to be\nmade public.\n(4) The court may make a supervisory intervention order only if it is\nsatisfied the order is capable of improving the person's ability or\nwillingness to comply with this Act, having regard to:\n(a) the offences of which the person has been previously found\nguilty; and\n(b) the offences for which the person has been proceeded against\nby way of unwithdrawn infringement notices; and\n(c) any other offences or other matters the court considers to be\nrelevant to the conduct of the person in connection with the\ntransport of dangerous goods.\n(5) The order may direct that any other penalty or sanction imposed for\nthe offence by the court is suspended until the court determines\nthere has been a substantial failure to comply with the order.\n(6) A court that has power to make a supervisory intervention order\nmay revoke or amend the order on the application of:\n(b) the person for whom the order was made if the court is\nsatisfied there has been a change of circumstances\nwarranting the revocation or amendment.\n(7) For subsections (1) and (5), if a person has committed at least one\noffence against this Act, the court may treat any offences that the\nperson has committed against any corresponding law as if they had\nalso been committed against this Act.\n(8) In this section:\ncompliance report, in relation to a person for whom a supervisory\nintervention order is made, means a report relating to:\n(a) the performance of the person in complying with:\n(i) this Act or provisions of this Act specified in the order;\nand\n(ii) the requirements of the order; and\n\nTransport of Dangerous Goods by Road and Rail (National Uniform Legislation) Act 2010 71\n(b) without limiting paragraph (a):\n(i) things done by the person to ensure that any failure by\nthe person to comply with this Act or the specified\nprovisions of this Act does not continue; and\n(ii) the results of those things having been done.\n","sortOrder":110},{"sectionNumber":"108","sectionType":"section","heading":"Contravention of supervisory intervention order","content":"108 Contravention of supervisory intervention order\nA person commits an offence if the person:\n(a) is subject to a supervisory intervention order; and\n(b) engages in conduct that results in a contravention of the order.\n","sortOrder":111},{"sectionNumber":"109","sectionType":"section","heading":"Court may make exclusion order","content":"109 Court may make exclusion order\napplication of the Competent Authority, make an exclusion order for\nthe person if the court considers the person to be a systematic or\npersistent offender against this Act.\n(2) The exclusion order is to prohibit the person, for a specified period,\nfrom specified aspects of involvement in the transport of dangerous\ngoods for the purpose of restricting the person's opportunities to\ncommit or be involved in the commission of further offences.\n(3) The court may make the order only if it is satisfied:\n(a) the person should not continue the specified aspects of\ninvolvement in the transport of dangerous goods; and\n\nTransport of Dangerous Goods by Road and Rail (National Uniform Legislation) Act 2010 72\n(b) a supervisory intervention order is not appropriate for the\nperson, having regard to:\n(i) the offences of which the person has been previously\nfound guilty; and\n(ii) the offences for which the person has been proceeded\nagainst by way of unwithdrawn infringement notices; and\n(iii) any other offences or other matters the court considers\nto be relevant to the conduct of the person in connection\nwith involvement in the transport of dangerous goods.\n(4) A court that has power to make exclusion orders may revoke or\namend an exclusion order on the application of:\n(b) the person for whom the order was made if the court is\nsatisfied there has been a change of circumstances\nwarranting the revocation or amendment.\n(5) For subsections (1) and (4), if a person has committed at least one\noffence against this Act, the court may treat any offences that the\nperson has committed against any corresponding law as if they had\nalso been committed against this Act.\n(6) To avoid doubt, a court cannot make an exclusion order that\nprohibits the person from driving or registering a vehicle.\n","sortOrder":112},{"sectionNumber":"110","sectionType":"section","heading":"Contravention of exclusion order","content":"110 Contravention of exclusion order\nA person commits an offence if the person:\n(a) is subject to an exclusion order; and\n(b) engages in conduct that results in a contravention of the order.\n\nTransport of Dangerous Goods by Road and Rail (National Uniform Legislation) Act 2010 73\n","sortOrder":113},{"sectionNumber":"Div 7","sectionType":"division","heading":"Forfeiture orders","content":"Division 7 Forfeiture orders\n","sortOrder":114},{"sectionNumber":"111","sectionType":"section","heading":"Court may make forfeiture order","content":"111 Court may make forfeiture order\napplication of the Competent Authority, order the dangerous goods\nand their packaging to be forfeited to the Territory if the court is\nsatisfied:\n(a) the person owns the goods; or\n(b) the owner of the goods cannot be identified.\n(2) If the court makes the order:\n(a) the goods and packaging are forfeited to the Territory as\nspecified in the order; and\n(b) the goods and packaging may be collected, packaged,\ntransported, stored, destroyed, sold or otherwise disposed of\nas directed by the Competent Authority; and\n(c) the person found guilty of the offence is liable for the\nreasonable costs of doing a thing mentioned in paragraph (b).\nSubdivision 1 Interpretation\n","sortOrder":115},{"sectionNumber":"112","sectionType":"section","heading":"Definitions","content":"112 Definitions\ncompensation order means an order made under this Division.\nrail or road authority means a person or body (whether or not a\npublic authority) that is responsible for the care, control or\nmanagement of a railway or road.\n","sortOrder":116},{"sectionNumber":"113","sectionType":"section","heading":"Compensation orders for damage to road and rail","content":"113 Compensation orders for damage to road and rail\ninfrastructure\n(1) The court that finds a person (the offender) guilty of an offence\nmay make a compensation order requiring the offender to pay an\namount of compensation to a rail or road authority as decided by\nthe court.\n\nTransport of Dangerous Goods by Road and Rail (National Uniform Legislation) Act 2010 74\n(2) The compensation is for any damage to any rail or road\ninfrastructure incurred, or likely to be incurred, by the rail or road\nauthority as a result of the offence.\n(3) The court may do so only:\n(a) on an application made by the rail or road authority or the\nCompetent Authority within 2 years of the offender being\nfound guilty of the offence; and\n(b) if the court is satisfied on the balance of probabilities the\ncommission of the offence caused or contributed to the\ndamage.\n","sortOrder":117},{"sectionNumber":"114","sectionType":"section","heading":"Assessment of compensation","content":"114 Assessment of compensation\n(1) For the compensation order, the court may assess the amount of\ncompensation (including the estimated costs of remedying the\ndamage) as it considers appropriate, having regard to the following:\n(a) any evidence adduced in connection with the prosecution of\nthe offence;\n(b) any evidence not adduced in connection with the prosecution\nof the offence but adduced in connection with the making of\nthe order;\n(c) any document made by the rail or road authority under\nsubsection (2);\n(d) any other matters the court considers relevant.\n(2) A document made by the rail or road authority stating matters\nrelating to any of the following is evidence of the matters stated in\nthe document:\n(a) the rail or road authority maintains the railway or road\ninfrastructure;\n(b) the rail or road authority's estimate of any of the following:\n(i) the monetary value of all or any part of the rail or road\ninfrastructure or of the damage to it;\n(ii) the cost of remedying the damage;\n(iii) the extent of the offender's contribution to the damage.\n\nTransport of Dangerous Goods by Road and Rail (National Uniform Legislation) Act 2010 75\n","sortOrder":118},{"sectionNumber":"115","sectionType":"section","heading":"Service of document","content":"115 Service of document\n(1) The rail or road authority must not use a document made under\nsection 114(2) in proceedings for the order unless it has served a\ncopy of the document on the offender within 28 working days before\nthe day the matter is set down for hearing (the day of hearing).\n(2) If the offender wishes to challenge a statement in the document, the\noffender must:\n(a) serve a written notice on the rail or road authority at least\n14 working days before the day of hearing; and\n(b) specify in the notice the matters in the document that the\noffender intends to challenge; and\n(c) if the offender intends to challenge the accuracy of a\nmeasurement, analysis or reading stated in the document –\nspecify in the notice:\n(i) the reason why the offender alleges that it is inaccurate;\nand\n(ii) the measurement, analysis or reading that the offender\nconsiders to be correct.\n(3) The requirements of subsection (2) in relation to a document made\nunder section 114(2) must be met before the offender may\nchallenge a statement in the document.\n(4) Despite subsection (3), the court may allow the offender to\nchallenge a statement in the document if the court considers it to be\nin the interests of justice.\n","sortOrder":119},{"sectionNumber":"116","sectionType":"section","heading":"Limits on amount of compensation","content":"116 Limits on amount of compensation\n(1) If the court is satisfied the offence as well as factors not connected\nwith the offence contributed to the damage, the court must limit the\ncompensation to the amount it assesses as attributable to the\noffender's contribution to the damage.\n(2) The amount of the compensation:\n(a) cannot exceed the monetary jurisdictional limit of the court in\ncivil proceedings; and\n(b) must not include an amount for any of the following:\n(i) personal injury or death;\n\nTransport of Dangerous Goods by Road and Rail (National Uniform Legislation) Act 2010 76\n(ii) loss of income (whether sustained by a rail or road\nauthority or anyone else);\n(iii) damage to any property (for example, a vehicle) that is\nnot part of the rail or road infrastructure.\n","sortOrder":120},{"sectionNumber":"Subdiv 3","sectionType":"subdivision","heading":"Costs compensation orders","content":"Subdivision 3 Costs compensation orders\n","sortOrder":121},{"sectionNumber":"117","sectionType":"section","heading":"Recovery of costs","content":"117 Recovery of costs\n(1) A court that finds a person guilty of an offence may, on the\napplication of the Competent Authority, and in addition to imposing\nany other sanction, order the person to pay to the Competent\nAuthority costs:\n(a) reasonably incurred for the prosecution of the offence; and\n(b) directly related to the investigation of the offence.\n(2) Without limiting subsection (1), the costs covered by the subsection\nmay include costs for testing, transporting, storing and disposing of\ndangerous goods and other evidence.\n(3) The Competent Authority may make an application under\nsubsection (1) at:\n(a) the time of the finding of guilt; or\n(b) any other time not later than the final day of the period within\nwhich a prosecution for the offence must be commenced\nunder this Act or the Regulations.\n","sortOrder":122},{"sectionNumber":"118","sectionType":"section","heading":"Costs","content":"118 Costs\nA court that makes a compensation order has the same power to\naward costs in proceedings for the order as it has in civil proceedings ,\nand the relevant provisions of laws applying to costs in relation to\ncivil proceedings apply with any necessary modifications to costs in\nrelation to the proceedings for the compensation order.\n","sortOrder":123},{"sectionNumber":"119","sectionType":"section","heading":"Enforcement of compensation order and award of costs","content":"119 Enforcement of compensation order and award of costs\nA compensation order and award of costs made by a court under\nthis Division are enforceable as if they were a judgment of the court\nin civil proceedings.\n\nTransport of Dangerous Goods by Road and Rail (National Uniform Legislation) Act 2010 77\n","sortOrder":124},{"sectionNumber":"120","sectionType":"section","heading":"Relationship with orders or awards of other courts and","content":"120 Relationship with orders or awards of other courts and\ntribunals\n(1) A compensation order may not be made if another court or tribunal\nhas awarded compensatory damages or compensation in civil\nproceedings for damage based on the same or similar facts.\n(2) If a court purports to make an order under this Division in the\ncircumstances mentioned in subsection (1):\n(a) the order has no effect to the extent to which it covers the\nsame matters as those covered by the other award; and\n(b) any payments made under the order, to the extent to which it\nhas no effect, must be repaid by the rail or road authority.\n(3) The making of a compensation order does not prevent another\ncourt or tribunal from subsequently awarding damages or\ncompensation in civil proceedings for damage based on the same\nor similar facts, but the other court or tribunal must take the order\ninto account when awarding the damages or compensation.\n","sortOrder":125},{"sectionNumber":"121","sectionType":"section","heading":"Definitions","content":"121 Definitions\ndeclared provision means any of the following provisions:\n(a) sections 26, 50(3), 51(5), 57(4), 59(3), 67(5) and (7), 68(3),\n79(1), 80(6), 83(1), (2) and (3), 84, 85(1), 87(1), 94(1), 95(5),\n108, 110, 138(2), (3) and (7), 139(4) and 140(1) and (2);\n(b) a provision prescribed by regulation.\nrepresentative, of a person, means an employee or agent of the\nperson.\n","sortOrder":126},{"sectionNumber":"122","sectionType":"section","heading":"Liability of representative","content":"122 Liability of representative\n(1) It is not a defence to a prosecution for an offence that the defendant\nwas, at the time of the commission of the offence, another person's\nrepresentative.\n\nTransport of Dangerous Goods by Road and Rail (National Uniform Legislation) Act 2010 78\n(2) However, it is a defence if the defendant proves the defendant was,\nat the time of the commission of the offence:\n(a) another person's representative; and\n(b) acting as the other person's representative under the direct or\nindirect supervision of the other person.\n","sortOrder":127},{"sectionNumber":"123","sectionType":"section","heading":"Conduct of representative","content":"123 Conduct of representative\n(1) This section applies to a prosecution for an offence against a\nprovision of this Act.\nNote for subsection (1)\nThis section deals with prosecutions of individuals. Part IIAA, Division 5, of the\nCriminal Code contains provisions about corporate criminal responsibility.\n(2) Conduct engaged in by a representative of a person within the\nscope of the representative's actual or apparent authority is taken to\nhave been also engaged in by the person.\n(3) However, subsection (2) does not apply if the person proves the\nperson took reasonable steps to prevent the conduct.\n(4) In deciding whether the person took reasonable steps to prevent\nthe conduct, a court must consider:\n(a) any action the person took to ensure the representative had a\nreasonable knowledge and understanding of the requirement\nto comply with the contravened provision; and\n(b) the level of management, control or supervision that was\nappropriate for the person to exercise over the representative.\n(5) Subsection (4) does not limit the matters the court may consider.\n(6) If it is relevant to prove a person had a fault element in relation to a\nphysical element of an offence, it is enough to show:\n(a) the conduct relevant to the physical element was engaged in\nby a representative of the person within the scope of the\nrepresentative's actual or apparent authority; and\n(b) the representative had the fault element in relation to the\nphysical element.\n\nTransport of Dangerous Goods by Road and Rail (National Uniform Legislation) Act 2010 79\n(7) A person may rely on section 43AX of the Criminal Code in relation\nto conduct by a representative that would be an offence by the\nperson only if:\n(a) the representative was under a mistaken but reasonable belief\nabout the facts that, had they existed, would have meant that\nthe conduct would not have constituted an offence; and\n(b) the person proves the person exercised due diligence to\nprevent the conduct.\nNote for subsection (7)\nSection 43AX of the Criminal Code provides a person is not criminally\nresponsible if the person engaged in conduct under a mistake of fact in relation to\nan offence of strict liability.\n(8) A person (the defendant) may not rely on section 43BA of the\nCriminal Code in relation to a physical element of an offence\nbrought about by another person if the other person is a\nrepresentative of the defendant.\nNote for subsection (8)\nSection 43BA of the Criminal Code provides a person is not criminally\nresponsible in circumstances of an intervening conduct or event.\n(9) A person who is convicted of an offence cannot be punished by\nimprisonment for the offence if the person would not have been\nconvicted of the offence without subsection (2) or (6).\n(10) In this section:\nfault element includes intention, knowledge, recklessness, opinion,\nbelief and purpose, but does not include negligence.\nperson means an individual.\n","sortOrder":128},{"sectionNumber":"124","sectionType":"section","heading":"Criminal liability of partner in partnership","content":"124 Criminal liability of partner in partnership\n(1) A partner in a partnership commits an offence if:\n(a) another partner in the partnership (the offender) commits an\noffence in the course of the activities of the partnership by\ncontravening a declared provision (a relevant offence); and\n(b) the partner was in a position to influence the conduct of the\noffender in relation to the contravention; and\n\nTransport of Dangerous Goods by Road and Rail (National Uniform Legislation) Act 2010 80\n(c) the partner failed to take reasonable steps to prevent the\ncontravention.\nFault element: The partner was reckless about whether the\ncontravention would happen.\n(2) This section does not affect the liability of the offender.\n(3) This section applies whether or not the offender is prosecuted for,\nor convicted of, the relevant offence, but does not apply if the\noffender would have a defence to a prosecution for the relevant\npartner, of a partnership, includes a person who is concerned with,\nor takes part in, the management of the partnership.\npartnership does not include an incorporated limited partnership\nformed under the Partnership Act 1997.\n","sortOrder":129},{"sectionNumber":"125","sectionType":"section","heading":"Criminal liability of manager of unincorporated association","content":"125 Criminal liability of manager of unincorporated association\n(1) A manager of an unincorporated association commits an offence if:\n(a) another manager of the association (the offender) commits an\noffence in the course of the activities of the association by\ncontravening a declared provision (a relevant offence); and\n(b) the manager was in a position to influence the conduct of the\noffender in relation to the contravention; and\n(c) the manager failed to take reasonable steps to prevent the\ncontravention.\nFault element: The manager was reckless about whether\nthe contravention would happen.\n(2) This section does not affect the liability of the offender.\n(3) This section applies whether or not the offender is prosecuted for,\nor convicted of, the relevant offence, but does not apply if the\noffender would have a defence to a prosecution for the relevant\n\nTransport of Dangerous Goods by Road and Rail (National Uniform Legislation) Act 2010 81\nmanager, of an unincorporated association, means a person who is\nconcerned with, or takes part, in the management of the\nassociation.\n","sortOrder":130},{"sectionNumber":"126","sectionType":"section","heading":"Criminal liability of executive officer of body corporate","content":"126 Criminal liability of executive officer of body corporate\n(1) An executive officer of a body corporate commits an offence if:\n(a) the body corporate commits an offence by contravening a\ndeclared EO liability provision (a relevant offence) and the\nofficer was reckless about whether the contravention would\nhappen; and\n(b) the officer was in a position to influence the conduct of the\nbody corporate in relation to the contravention; and\n(c) the officer recklessly failed to take reasonable steps to prevent\nthe contravention.\n(1A) Strict liability applies to subsection (1)(b).\n(2) In deciding whether the executive officer took (or failed to take)\nreasonable steps to prevent the contravention, a court must\nconsider the following:\n(a) any action the officer took directed towards ensuring the\nfollowing (to the extent the action is relevant to the\ncontravention):\n(i) the body corporate arranged regular professional\nassessments of the body corporate's compliance with\nthe declared EO liability provision;\n(ii) the body corporate implemented any appropriate\nrecommendation arising from an assessment under\nsubparagraph (i);\n(iii) the body corporate's representatives and contractors\nhad a reasonable knowledge and understanding of the\nrequirement to comply with the declared EO liability\nprovision;\n(b) any action the officer took when the officer became aware that\nthe contravention was, or could be, about to happen.\n\nTransport of Dangerous Goods by Road and Rail (National Uniform Legislation) Act 2010 82\n(3) Subsection (2) does not limit the matters the court may consider.\n(4) This section does not affect the liability of the body corporate.\n(5) This section applies whether or not the body corporate is\nprosecuted for, or found guilty of, the relevant offence.\n(6) This section does not apply if the body corporate would have a\ndefence to a prosecution for the relevant offence.\n(7) In this section:\ndeclared EO liability provision means:\n(a) section 67(5) or (7), 68(3), 83(1), 84, 85(1), 87(1), 108, 110 or\n138(2), (3) or (7); or\n(b) a provision of the Regulations prescribed by regulation.\nexecutive officer, of a body corporate, means a director or other\nperson who is concerned with, or takes part in, the management of\nthe body corporate.\n","sortOrder":131},{"sectionNumber":"126A","sectionType":"section","heading":"Double jeopardy","content":"126A Double jeopardy\n(1) A person may be punished only once in relation to the same failure\nto comply with a particular provision of this Act, even if the person is\nliable in more than one capacity.\n(2) Despite subsection (1), a person may be punished for more than\none breach of a provision of this Act if the breaches relate to\ndifferent parts of the same vehicle or of the same dangerous goods.\n","sortOrder":132},{"sectionNumber":"127","sectionType":"section","heading":"Special defence for owners or operators","content":"127 Special defence for owners or operators\n(1) It is a defence to a prosecution for an offence by a defendant as an\nowner or operator of a vehicle transporting dangerous goods if the\ndefendant establishes the vehicle was used at the time of the\nalleged offence by:\n(a) another person, other than an employee or agent of the\ndefendant, who was not entitled (whether by express or\nimplied authority or otherwise) to use it at the time; or\n(b) an employee of the defendant who was acting outside the\nscope of the employment at the time; or\n\nTransport of Dangerous Goods by Road and Rail (National Uniform Legislation) Act 2010 83\n(c) an agent (in any capacity) of the defendant who was acting\noutside the scope of the agency at the time.\n(2) If the offence relates to alleged deficiencies concerning the vehicle\nor dangerous goods, the defence is not available unless the\ndefendant establishes that:\n(a) the vehicle or dangerous goods had not, before they ceased\nto be under the defendant's control, been driven or\ntransported in Australia in breach of this Act or a\ncorresponding law arising in connection with all or any of\nthose alleged deficiencies; and\n(b) one or more material changes, resulting in the alleged breach,\nhad been made to the vehicle or dangerous goods after the\nvehicle or dangerous goods had ceased to be under the\ndefendant’s control.\n(3) In subsection (2), deficiency concerning a vehicle or dangerous\ngoods is a deficiency in complying with a requirement prescribed\nby regulation:\n(a) about a thing that must be carried on or in a vehicle; or\n(b) about dangerous goods.\n","sortOrder":133},{"sectionNumber":"128","sectionType":"section","heading":"Special defence of compliance with direction","content":"128 Special defence of compliance with direction\nIt is a defence to a prosecution for an offence if the defendant\nestablishes the conduct constituting the offence was done in\ncompliance with a direction given by an authorised officer or a\npolice officer.\n","sortOrder":134},{"sectionNumber":"129","sectionType":"section","heading":"Evidence","content":"129 Evidence\n(1) In proceedings for an offence, a statement by an authorised officer\nof the officer's belief about any of the following matters is evidence\nof the matter:\n(a) that dangerous goods described in transport documents\ncarried in a vehicle are being carried in the vehicle;\n(b) that particular goods are dangerous goods or dangerous\ngoods of a particular type;\n(c) that a substance is, or packaging contains, dangerous goods\nas indicated by markings or placards on or attached to the\nsubstance or packaging;\n\nTransport of Dangerous Goods by Road and Rail (National Uniform Legislation) Act 2010 84\n(d) that a package contains dangerous goods as indicated by\nmarkings on, or attached to the package;\n(e) that a vehicle or equipment is being used to transport\ndangerous goods as indicated by markings or placards on or\nattached to the vehicle or equipment;\n(f) that a substance, packaging or contents of packaging has the\ncapacity, tare weight, origin, character, specification,\nownership or date of manufacture as indicated by markings or\nplacards on or attached to the substance or packaging;\n(g) that the contents of a package has the capacity, tare weight,\norigin, character, specification, ownership or date of\nmanufacture as indicated by markings on, or attached to, the\npackage;\n(h) that a vehicle or packaging contained the quantity of\ndangerous goods as indicated by markings or placards on or\nattached to the vehicle or packaging;\n(i) that a person was not, at a particular time, accredited or the\nholder of a licence relating to dangerous goods.\n(2) In proceedings for an offence, a document signed by, or on behalf\nof, the Competent Authority about any of the following matters is\nevidence of the matter:\n(a) whether a person is exempt from specified requirements\nunder section 80;\n(b) specified vehicles, equipment or other items that are required\nby the regulations to be approved by the Competent Authority;\n(c) any accreditation or licence issued by the Competent\n","sortOrder":135},{"sectionNumber":"130","sectionType":"section","heading":"Evidence regarding weighing","content":"130 Evidence regarding weighing\n(1) This section applies to evidence of a record made by the operator,\nor an employee of the operator, of a weighbridge or weighing\nfacility, of the mass of:\n(a) a vehicle transporting dangerous goods that is weighed at the\nweighbridge or weighing facility; or\n\nTransport of Dangerous Goods by Road and Rail (National Uniform Legislation) Act 2010 85\n(b) a container containing dangerous goods that is weighed at the\nweighbridge or weighing facility.\n(2) The evidence is admissible in any proceedings as evidence of the\nmass of the vehicle or container at the time it was weighed.\nweighbridge means a measuring instrument that is of a capacity of\n3 tonnes or more and has a platform by the use of which the\nmeasuring instrument is capable of determining the mass of a\nweighing facility means a facility at which the mass of vehicles are\nmeasured.\n","sortOrder":136},{"sectionNumber":"131","sectionType":"section","heading":"Proof of appointments and signatures unnecessary","content":"131 Proof of appointments and signatures unnecessary\nFor this Act:\n(a) it is unnecessary to prove the appointment of an authorised\nofficer; and\n(b) a signature purporting to be the signature of an authorised\nofficer is evidence of the signature it purports to be.\n","sortOrder":137},{"sectionNumber":"132","sectionType":"section","heading":"Transport documentation","content":"132 Transport documentation\n(1) Transport documentation is admissible in any proceedings for this\nAct as evidence of:\n(a) the identity and status of the parties to the transaction to which\nit relates; and\n(b) the destination or intended destination of the load to which it\nrelates.\n(2) In subsection (1), the reference to the status of parties includes a\nreference to their status in relation to their involvement in the\ntransport of dangerous goods.\n","sortOrder":138},{"sectionNumber":"133","sectionType":"section","heading":"Use of codes of practice etc. in proceedings","content":"133 Use of codes of practice etc. in proceedings\n(a) it is alleged that a person contravened a provision of this Act\nin proceedings for an offence; and\n(b) the Ministerial Council has approved a code of practice,\nguideline or other document for providing practical guidance to\npersons engaged in the transport of dangerous goods; and\n\nTransport of Dangerous Goods by Road and Rail (National Uniform Legislation) Act 2010 86\n(c) the code of practice, guideline or document specifies a means\nof complying with the provision or with a requirement of the\nprovision; and\n(d) the code of practice, guideline or document has been\npublished in the Government Gazette or copies of it are\navailable for purchase or inspection within the Territory.\n(2) If this section applies:\n(a) the code of practice, guideline or document is admissible\nevidence in the proceedings; and\n(b) the person is taken to have complied with the provision or\nrequirement if the court is satisfied, at the time of the alleged\noffence, the person acted in accordance with the code of\npractice, guideline or document.\n","sortOrder":139},{"sectionNumber":"134","sectionType":"section","heading":"Protection from liability","content":"134 Protection from liability\n(1) An authorised officer or a person authorised under this Act by an\nauthorised officer to do or to omit to do something does not incur\ncivil liability for an act or omission done honestly and in good faith in\nthe course of his or her duties.\n(2) A liability that would, apart from this section, attach to the\nauthorised officer or person attaches instead to the Competent\n","sortOrder":140},{"sectionNumber":"135","sectionType":"section","heading":"Indemnity not affected by certain matters","content":"135 Indemnity not affected by certain matters\nAn indemnity under this Division is not affected merely because:\n(a) a vehicle was in fact not carrying dangerous goods; or\n(b) goods were not in fact dangerous goods.\n","sortOrder":141},{"sectionNumber":"136","sectionType":"section","heading":"Other indemnities not affected","content":"136 Other indemnities not affected\nThis Division does not affect any other indemnity that:\n(a) is provided under another law in force in the Territory; and\n(b) is consistent with this Division.\n\nTransport of Dangerous Goods by Road and Rail (National Uniform Legislation) Act 2010 87\n","sortOrder":142},{"sectionNumber":"137","sectionType":"section","heading":"Review of decision","content":"137 Review of decision\n(1) A person may apply under the regulations for a review of any of the\nfollowing decisions:\n(a) a decision to forfeit a thing under section 69(1)(c);\n(b) a decision to refuse to grant an exemption under\nsection 80(2);\n(c) a decision to grant an exemption subject to conditions under\nsection 80(3);\n(d) a decision to cancel an exemption under section 81(1);\n(e) a decision to vary or cancel conditions, or impose new\nconditions, of an exemption under section 81(2);\n(f) a decision to serve an improvement notice under\nsection 86(1);\n(g) a decision to amend an improvement notice under\nsection 88(1);\n(h) a decision to serve a prohibition notice under section 93(1);\n(i) a decision to amend a prohibition notice under section 96(1);\n(j) any other decision prescribed by regulation.\n(2) The regulations may prescribe a system for the review of the\ndecisions mentioned in subsection (1).\n","sortOrder":143},{"sectionNumber":"138","sectionType":"section","heading":"Acts of retaliation for reporting breaches","content":"138 Acts of retaliation for reporting breaches\n(1) This section applies to:\n(a) a person (an employer) who employs or engages an\nindividual (an employee) under:\n(i) a contract of employment, apprenticeship or training; or\n(ii) a contract for services; or\n(b) a person (a prospective employer) to whom an individual (a\nprospective employee) has applied for employment under:\n(i) a proposed contract of employment, apprenticeship or\ntraining; or\n\nTransport of Dangerous Goods by Road and Rail (National Uniform Legislation) Act 2010 88\n(ii) a proposed contract for services.\n(2) An employer commits an offence if:\n(a) the employer engages in any of the following conduct:\n(i) dismissing an employee;\n(ii) injuring an employee in relation to his or her\nemployment;\n(iii) altering an employee's position as an employee to his or\nher detriment; and\n(b) one or both of the following apply:\n(i) the employee has assisted, or has given any information\nto, a public agency in relation to a breach or alleged\nbreach of this Act or a corresponding law;\n(ii) the employee has made a complaint about a breach or\nalleged breach of this Act or a corresponding law to the\nemployer, another employee, or a trade union or public\nagency.\nThe employer:\n(a) intentionally engages in the conduct mentioned in\nparagraph (a)(i), (ii) or (iii); and\n(b) engages in the conduct with the intention to retaliate against\nan act of the employee mentioned in paragraph (b)(i) or (ii).\n(3) A prospective employer commits an offence if:\n(a) the prospective employer engages in any of the following\nconduct:\n(i) refusing or omitting to offer employment to a prospective\nemployee;\n(ii) treating a prospective employee less favourably than\nanother prospective employee would be treated in\nrelation to the terms of employment offered to the\nprospective employee; and\n\nTransport of Dangerous Goods by Road and Rail (National Uniform Legislation) Act 2010 89\n(b) one or both of the following apply:\n(i) the prospective employee has assisted, or has given any\ninformation to, a public agency in relation to a breach or\nalleged breach of this Act or a corresponding law;\n(ii) the prospective employee has made a complaint about a\nbreach or alleged breach of this Act or a corresponding\nlaw to the prospective employer or an employee,\nprospective employee, trade union or public agency.\nThe prospective employer:\n(a) intentionally engages in the conduct mentioned in\nparagraph (a)(i) or (ii); and\n(b) engages in the conduct with the intention to retaliate against\nan act of the prospective employee mentioned in\nparagraph (b)(i) or (ii).\n(4) If a person is found guilty of an offence against subsection (2)\nor (3), the court may, in addition to imposing a penalty on the\noffender, make one or both of the following orders:\n(a) an order that the offender pay within a specified period to the\nemployee or prospective employee compensation decided by\nthe court;\n(b) one of the following orders (as appropriate):\n(i) the employee be reinstated to the employee's former\nposition or, if that position is not available, a similar\nposition;\n(ii) the prospective employee be employed in the position\nfor which the prospective employee had applied, or if\nthat position is not available, in a similar position.\n(5) The maximum amount of compensation cannot exceed the\nmonetary jurisdictional limit of the court in civil proceedings.\n(6) An order for payment of compensation is enforceable as if it were a\njudgment of the court in civil proceedings.\n\nTransport of Dangerous Goods by Road and Rail (National Uniform Legislation) Act 2010 90\n(7) A person commits an offence if:\n(a) an order has been made in relation to the person or someone\nelse under subsection (4); and\nof the order.\n(8) In this section:\npublic agency means:\n(a) an authorised officer, a police officer or the Competent\nAuthority; or\n(b) an authorised officer, a police officer or the Competent\nAuthority of another jurisdiction.\n","sortOrder":144},{"sectionNumber":"139","sectionType":"section","heading":"Confidentiality","content":"139 Confidentiality\n(1) This section applies to:\n(a) a person engaged or previously engaged in the administration\nof this Act; and\n(b) without limiting paragraph (a):\n(i) a person who is or was a delegate of the Competent\nAuthority; and\n(ii) a person who is or was employed by, or engaged to\nprovide services to or on behalf of, the Competent\nAuthority; and\n(iii) a person who is or was employed by, or engaged to\nprovide services to, a person or body engaged to\nprovide services to the Competent Authority.\n\nTransport of Dangerous Goods by Road and Rail (National Uniform Legislation) Act 2010 91\n(2) A person to whom this section applies must not disclose to\nsomeone else information obtained (whether by that person or\notherwise) in the administration of this Act except:\n(a) as required or authorised under this or any other Act; or\n(b) with the consent of the person from whom the information was\nobtained or to whom the information relates; or\n(c) in connection with the administration of this Act; or\n(d) to the Competent Authority, a corresponding authority, an\nauthorised officer or a police officer; or\n(e) to a public authority of any jurisdiction prescribed by\nregulation; or\n(f) to a public authority of the Territory or another jurisdiction for\nlaw enforcement purposes; or\n(g) to a court or in connection with any legal proceedings; or\n(h) in accordance with the regulations.\n(3) Information that has been disclosed under subsection (2) for a\nparticular purpose must not be used for any other purpose by:\n(a) the person to whom the information was disclosed; or\n(b) any other person who gains access to the information\n(whether properly or improperly and whether directly or\nindirectly) as a result of that disclosure.\n(4) A person commits an offence if the person engages in conduct that\nresults in a contravention of subsection (2) or (3).\n(a) knows the information was obtained (whether by that person\nor otherwise) in the administration of this Act; and\n(b) intentionally engages in the conduct; and\n(c) is reckless as to whether the conduct would result in a\ncontravention of subsection (2) or (3).\n\nTransport of Dangerous Goods by Road and Rail (National Uniform Legislation) Act 2010 92\n(5) This section does not prevent information from being used:\n(a) to assist a person in deciding whether or not to withdraw a\nformal warning for any offence; or\n(b) to enable the Competent Authority to accumulate aggregate\ndata and to enable it to authorise use of the aggregate data for\nresearch or education.\n","sortOrder":145},{"sectionNumber":"140","sectionType":"section","heading":"Misleading information","content":"140 Misleading information\n(1) A person must not give misleading information:\n(a) to the Competent Authority; or\n(b) an authorised officer acting in an official capacity.\n(a) intentionally gives information to the Competent Authority or\nauthorised officer; and\n(b) knows the information is misleading; and\n(c) for information given to an authorised officer – knows the\nofficer is acting in an official capacity.\nMaximum penalty: 200 penalty units.\n(2) A person must not give a document containing misleading\ninformation to:\n(b) an authorised officer acting in an official capacity.\n(a) intentionally gives the document to the Competent Authority or\nauthorised officer; and\n(b) knows the document contains misleading information; and\n(c) for a document given to an authorised officer – knows the\nofficer is acting in an official capacity.\nMaximum penalty: 200 penalty units.\n\nTransport of Dangerous Goods by Road and Rail (National Uniform Legislation) Act 2010 93\n(3) Subsection (2) does not apply if the person, when giving the\ndocument:\n(a) draws the misleading aspect of the document to the attention\nof the Competent Authority or authorised officer; and\n(b) to the extent to which the person can reasonably do so – gives\nthe Authority or officer the information necessary to remedy\nthe misleading aspect of the document.\nauthorised officer includes a person who is assisting an\n","sortOrder":146},{"sectionNumber":"141","sectionType":"section","heading":"Contracting out prohibited","content":"141 Contracting out prohibited\nA term of a contract or agreement that purports to exclude, limit or\nmodify the operation of all or part of this Act is void to the extent to\nwhich it would otherwise have that effect.\n","sortOrder":147},{"sectionNumber":"142","sectionType":"section","heading":"Recovery of costs of public authorities","content":"142 Recovery of costs of public authorities\n(1) This section applies to an incident that:\n(a) relates to the transport of dangerous goods by road or rail;\nand\n(b) is wholly or partly constituted by or arising from, or involves\nthe danger of:\n(i) the escape of dangerous goods; or\n(ii) an explosion or fire involving dangerous goods.\n(2) If a public authority incurs costs as a result of the occurrence of the\nincident, so much of the costs as were reasonably incurred are\nrecoverable as a debt due to the authority by action in a court of\ncompetent jurisdiction.\n(3) The costs are recoverable jointly or severally from the following\npersons:\n(a) the person who was the owner of the dangerous goods at the\ntime of the incident;\n(b) the person who was in control or possession of the dangerous\ngoods at the time of the incident;\n(c) the person who caused the incident;\n\nTransport of Dangerous Goods by Road and Rail (National Uniform Legislation) Act 2010 94\n(d) the person responsible, otherwise than as an employee, agent\nor subcontractor of another person, for the transport of the\ndangerous goods by road or rail.\n(4) Costs are not recoverable from a person who establishes that:\n(a) the incident was due to the act or omission of another person;\nand\n(b) the person could not, by exercising reasonable care, have\nprevented the incident; and\n(c) the incident was not attributable to an employee, agent or\nsubcontractor of the person.\n(5) The recovery of costs incurred by the public authority as a result of\nthe occurrence of the incident (including an award or judgment in\nrelation to those costs) does not preclude the recovery of costs\nincurred by another public authority as a result of the occurrence of\nthe incident.\n(6) This section does not affect a right to recover an amount for costs\nor expenses that exists apart from this section, but a public\nauthority is not entitled to recover, for the same costs or expenses,\nan amount under this section and an amount in proceedings\nfounded on other rights.\n(7) In proceedings under this section, a document apparently signed by\nthe principal officer of a public authority stating details of the costs\nreasonably incurred as a result of the occurrence of an incident to\nwhich this section applies is evidence of the matter stated in the\ndocument.\n","sortOrder":148},{"sectionNumber":"143","sectionType":"section","heading":"Assistance in emergencies or accidents","content":"143 Assistance in emergencies or accidents\n(1) A person is not civilly liable for an act done honestly and in good\nfaith, and without any reward, for assisting or attempting to assist in\na situation in which an emergency or accident involving dangerous\ngoods occurs or is likely to occur.\n(2) Subsection (1) does not apply to:\n(a) an authorised officer; or\n(b) a person whose act or omission was wholly or partly the cause\nof the occurrence or likely occurrence.\n(3) Subsection (1) applies to a public authority even though the\nauthority requires payment for a service provided in connection with\nthe occurrence or likely occurrence.\n\nTransport of Dangerous Goods by Road and Rail (National Uniform Legislation) Act 2010 95\n","sortOrder":149},{"sectionNumber":"144","sectionType":"section","heading":"Minister to notify adoption of code etc.","content":"144 Minister to notify adoption of code etc.\n(1) If the regulations apply, adopt or incorporate provisions of a code,\nstandard or rule, the Minister must, as soon as practicable after the\nregulations are made, publish a notice in the Government Gazette\ngiving details about where the code, standard or rule may be\nobtained or inspected.\n(2) If the regulations apply, adopt or incorporate provisions of a code,\nstandard or rule as in force from time to time, the Minister must, as\nsoon as practicable after the amendment or replacement of any of\nthe provisions:\n(a) publish a notice in the Government Gazette about the\namendment or replacement; and\n(b) give details in the notice about where the amended or\nreplaced code, standard or rule may be obtained or inspected.\n(3) In this section, a reference to a code, standard or rule includes a\nreference to a code, standard or rule (as appropriate) made outside\nAustralia.\n","sortOrder":150},{"sectionNumber":"145","sectionType":"section","heading":"Delegation","content":"145 Delegation\nThe Minister may, by written instrument, delegate all or any of the\nMinister's powers under this Act (other than the powers conferred\nby section 82) to the Competent Authority.\n","sortOrder":151},{"sectionNumber":"146","sectionType":"section","heading":"Acquisition on just terms","content":"146 Acquisition on just terms\nIf the operation of this Act would, apart from this section, result in\nan acquisition of property from a person otherwise than on just\nterms:\n(a) the person is entitled to receive from the Territory the\ncompensation necessary to ensure the acquisition is on just\nterms; and\n(b) a court of competent jurisdiction may decide the amount of\ncompensation or make the orders it considers necessary to\nensure the acquisition is on just terms.\n","sortOrder":152},{"sectionNumber":"147","sectionType":"section","heading":"Powers to make regulations and adoption of codes and","content":"147 Powers to make regulations and adoption of codes and\nstandards\n(1) The Administrator may make regulations under this Act.\n\nTransport of Dangerous Goods by Road and Rail (National Uniform Legislation) Act 2010 96\n(2) The regulations may prescribe the following:\n(a) identifying and classifying goods as dangerous goods, and the\nidentification and classification of dangerous goods;\n(b) identifying, classifying and regulating goods that are too\ndangerous to be transported (including prohibiting the\ntransport of such goods);\n(c) the making of determinations by the Competent Authority\nunder the regulations in relation to any of the following:\n(i) the identification and classification of goods as\n(ii) the identification and classification of dangerous goods;\n(iii) the specification of what is, and what is not, compatible\nwith dangerous goods for transport purposes;\n(iv) prohibiting or regulating the transport of dangerous\ngoods by road or rail;\n(v) regulating the containment of dangerous goods that are\nbeing, or that are to be, transported by road or rail;\n(d) the analysis and testing of dangerous goods;\n(e) fees that are to be paid for things done under this Act;\n(f) the marking and labelling of packages containing dangerous\ngoods for transport and the placarding of vehicles and\npackaging on or in which dangerous goods are transported;\n(g) containers, vehicles, packaging, equipment and other items\nused in the transport of dangerous goods;\n(h) the manufacture of containers, vehicles, packaging,\nequipment and other items for use in the transport of\n(i) voluntary accreditation schemes, including privileges to be\naccorded or sanctions to be imposed under the schemes and\nthe cancellation or suspension of the schemes;\n(j) the loading of dangerous goods for, and the unloading of\ndangerous goods after, their transport;\n\nTransport of Dangerous Goods by Road and Rail (National Uniform Legislation) Act 2010 97\n(k) the determination by the Competent Authority of routes along\nwhich, the areas in which, and the times during which,\ndangerous goods may or may not be transported;\n(l) procedures for the transport of dangerous goods, including the\n(i) the quantities and circumstances in which dangerous\ngoods, or particular types of dangerous goods, may be\ntransported;\n(ii) safety procedures and equipment;\n(m) the licensing of the following:\n(i) vehicles and drivers for the purpose of the transport of\n(ii) persons involved in the transport of dangerous goods;\n(iii) persons responsible for vehicles used in the transport of\n(n) the mandatory accreditation of persons involved in the\ntransport of dangerous goods or particular aspects of that\ntransport;\n(o) the approval by the Competent Authority of the form in which\napplications are to be made to the Authority, and the form in\nwhich documents are to be issued by the Authority, for the\nregulations;\n(p) the approval by the Competent Authority of the following:\n(i) vehicles, packaging, equipment and other items used in\nrelation to the transport of dangerous goods;\n(ii) facilities for, and methods of, testing or using vehicles,\npackaging, equipment and other items used in relation to\nthe transport of dangerous goods;\n(iii) processes carried out in relation to the transport of\n(q) documents required to be prepared or kept by persons\ninvolved in the transport of dangerous goods and the approval\nby the Competent Authority of alternative documentation;\n\nTransport of Dangerous Goods by Road and Rail (National Uniform Legislation) Act 2010 98\n(r) obligations arising, and procedures to be followed, in the event\nof a dangerous situation in relation to the transport of\n(s) the training and qualifications required of authorised officers\nand other persons performing functions under this Act;\n(t) the training and qualifications required of persons involved in,\nand the approval of training courses and qualifications relating\nto involvement in, the transport of dangerous goods;\n(u) the recognition of laws of other jurisdictions relating to the\ntransport of dangerous goods and of things done under those\nlaws, and giving effect to those things;\n(v) infringement notices and documents and costs relating to\ninfringement notices;\n(va) procedures for reviews of decisions made under this Act and\nthe regulations;\n(w) the recognition of the following:\n(i) a body, consisting of the Competent Authority and\nequivalent bodies in other jurisdictions, established to\nmake decisions, and to provide oversight on decisions\nmade, under this Act for national uniformity;\n(ii) other matters in relation to the body, including, for\nexample, decisions made by the body;\n(x) the recognition of accredited providers of training, package\ntesting, design verification and other similar activities;\n(y) the passing of information on persons relevant to licensing or\ncompliance and enforcement matters to a corresponding\nauthority and other authorities involved in the enforcement of\nroad and rail laws;\n(z) requiring a person involved in the transport of dangerous\ngoods to hold insurance, or some other form of indemnity, in\nrelation to that transport.\n(3) The regulations may apply, adopt or incorporate (with or without\nchanges) all or parts of a code, standard, or rule relating to\ndangerous goods or their transport, whether as in force at a\nparticular time or as in force from time to time.\n\n","sortOrder":153},{"sectionNumber":"Div 4","sectionType":"division","heading":"Transitional matters for Transport of Dangerous Goods by Road and Rail","content":"Division 4 Transitional matters for Transport of Dangerous Goods by Road and Rail\n(National Uniform Legislation) Act 2010\nTransport of Dangerous Goods by Road and Rail (National Uniform Legislation) Act 2010 99\n(4) The regulations may, by reference to the code, standard or rule:\n(a) prescribe a substance or article as being dangerous goods; or\n(b) prescribe various types of dangerous goods, including goods\nthat are too dangerous to be transported, and methods for\ndeciding which dangerous goods fall into each type.\n(5) The regulations:\n(a) may require a matter affected by the regulations to be\napproved by or to the satisfaction of a specified person or\nbody, or a specified class of person or body; and\n(b) may confer a discretionary authority, or impose a duty, on a\nspecified person or body, or a specified class of person or\nbody.\n(6) A reference in this section to a code, standard or rule includes a\nreference to a code, standard or rule (as appropriate) made outside\nAustralia.\n","sortOrder":154},{"sectionNumber":"148","sectionType":"section","heading":"Penalties under regulations","content":"148 Penalties under regulations\n(1) The regulations may create offences, and provide for a maximum\npenalty, not exceeding 40 penalty units for an individual or\n200 penalty units for a body corporate, for an offence.\n(2) The regulations may provide for an offence against the regulations\nto be an offence of strict liability.\nDivision 4 Transitional matters for Transport of Dangerous\nGoods by Road and Rail (National Uniform\nLegislation) Act 2010\n","sortOrder":155},{"sectionNumber":"150","sectionType":"section","heading":"Definitions","content":"150 Definitions\ncommencement day means the day on which section 151 of the\nTransport of Dangerous Goods by Road and Rail (National Uniform\nLegislation) Act 2010 commences.\nrepealed Act means the Dangerous Goods (Road and Rail\nTransport) Act 2003.\n\n","sortOrder":156},{"sectionNumber":"Part 9","sectionType":"part","heading":"Transitional matters for Statute Law Amendment (Directors' Liability) Act 2015","content":"Part 9 Transitional matters for Statute Law Amendment (Directors' Liability) Act 2015\nTransport of Dangerous Goods by Road and Rail (National Uniform Legislation) Act 2010 100\n","sortOrder":157},{"sectionNumber":"151","sectionType":"section","heading":"Savings – authorised officers","content":"151 Savings – authorised officers\n(1) A person whose appointment as an authorised officer under the\nrepealed Act was in force immediately before the commencement\nday is taken to be appointed as an authorised officer under this Act\non and from that day.\n(2) An identification card issued to the person under the repealed Act is\ntaken to be an authorised officer identity card for this Act.\n","sortOrder":158},{"sectionNumber":"Div 5","sectionType":"division","heading":"Validation for Transport of Dangerous Goods by","content":"Division 5 Validation for Transport of Dangerous Goods by\nRoad and Rail (National Uniform Legislation)\nAmendment Act 2013\n","sortOrder":159},{"sectionNumber":"152","sectionType":"section","heading":"Validation provision","content":"152 Validation provision\nAny thing done before the commencement of the Transport of\nDangerous Goods by Road and Rail (National Uniform Legislation)\nAmendment Act 2013 by a person who was not the Competent\nAuthority but who was purporting to exercise a power or perform a\nfunction of the Competent Authority is as valid, and is taken always\nto have been as valid, as if that person had been the Competent\nPart 9 Transitional matters for Statute Law\nAmendment (Directors' Liability) Act 2015\n","sortOrder":160},{"sectionNumber":"153","sectionType":"section","heading":"Offences – before and after commencement","content":"153 Offences – before and after commencement\n(1) Section 126, as amended by the Statute Law Amendment\n(Directors' Liability) Act 2015, (the new section) applies in relation\nto a relevant offence committed by a body corporate after the\ncommencement of Part 2, Division 39 of that Act (the\ncommencement) only if:\n(a) all the conduct constituting the relevant offence occurred after\nthe commencement; and\n(b) all the conduct of the executive officer constituting the offence\nagainst the new section occurred after the commencement.\n(2) Section 126, as in force before the commencement:\n(a) continues to apply in relation to offences committed by a body\ncorporate before the commencement; and\n\n","sortOrder":161},{"sectionNumber":"Part 10","sectionType":"part","heading":"Transitional matters for Transport of Dangerous Goods by Road and Rail","content":"Part 10 Transitional matters for Transport of Dangerous Goods by Road and Rail\nTransport of Dangerous Goods by Road and Rail (National Uniform Legislation) Act 2010 101\n(b) applies in relation to relevant offences committed by a body\ncorporate after the commencement to which, as a result of\nsubsection (1), the new section does not apply.\nPart 10 Transitional matters for Transport of\nDangerous Goods by Road and Rail\n","sortOrder":162},{"sectionNumber":"154","sectionType":"section","heading":"Application of section 84","content":"154 Application of section 84\n(1) Section 84, as in force before the commencement, continues to\napply in relation to offences committed before the commencement.\n(2) For subsection (1), if any of the conduct constituting an offence\noccurred before the commencement, the offence is taken to have\nbeen committed before the commencement.\ncommencement means the commencement of section 8 of the\nTransport of Dangerous Goods by Road and Rail Legislation\nAmendment Act 2022.\n\nTransport of Dangerous Goods by Road and Rail (National Uniform Legislation) Act 2010 102\n1 KEY Key to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nTransport of Dangerous Goods by Road and Rail (National Uniform Legislation)\nAct 2010 (Act No. 32, 2010)\nAssent date 9 September 2010\nCommenced 31 March 2011 (Gaz G 13, 30 March 2011, p 14)\nOaths, Affidavits and Declarations (Consequential Amendments) Act 2010 (Act No. 40,\n2010)\nAssent date 18 November 2010\nCommenced 1 March 2011 (s 2, s 2 Oaths, Affidavits and Declarations\nAct 2010 (Act No. 39, 2010) and Gaz G7, 16 February 2011,\np 4)\nTransport of Dangerous Goods by Road and Rail (National Uniform Legislation)\nAmendment Act 2013 (Act No. 16, 2013)\nAssent date 6 June 2013\nCommenced 6 June 2013\nLocal Government Amendment Act 2014 (Act No. 19, 2014)\nAssent date 2 June 2014\nCommenced s 16: 1 July 2014; s 18: 1 December 2014; rem: 2 June 2014\n(s 2)\nStatute Law Amendment (Directors' Liability) Act 2015 (Act No. 26, 2015)\nAssent date 18 September 2015\nCommenced 14 October 2015 (Gaz G41, 14 October 2015, p 3)\nLocal Court (Related Amendments) Act 2016 (Act No. 8, 2016)\nAssent date 6 April 2016\nCommenced 1 May 2016 (s 2, s 2 Local Court (Repeals and Related\nAmendments) Act 2016 (Act No. 9, 2016) and Gaz S34,\n29 April 2016)\n\nTransport of Dangerous Goods by Road and Rail (National Uniform Legislation) Act 2010 103\nTransport of Dangerous Goods by Road and Rail Legislation Amendment Act 2022 (Act\nNo. 29, 2022)\nAssent date 16 December 2022\nCommenced 2 February 2023 (Gaz G3, 2 February 2023, p 1)\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: ss 1, 5, 19, 28, 78, 124 and 150.\n4 LIST OF AMENDMENTS\ns 3 amd No. 29, 2022, s 4\ns 5 amd No. 19, 2014, s 26; No. 29, 2022, s 5\ns 19 amd No. 8, 2016, s 45; No. 29, 2022, s 6\ns 22 amd No. 16, 2013, s 3\ns 33 amd No. 29, 2022, s 16\ns 60 amd No. 8, 2016, s 45\ns 61 amd No. 40, 2010, s 118; No. 8, 2016, s 45\ns 67 amd No. 29, 2022, s 7\ns 84 sub No. 29, 2022, s 8\ns 115 amd No. 29, 2022, s 9\ns 117 amd No. 29, 2022, s 10\ns 118 sub No. 29, 2022, s 11\ns 126 amd No. 26, 2015, s 121\ns 126A ins No. 29, 2022, s 12\ns 129 amd No. 29, 2022, s 13\ns 133 amd No. 29, 2022, s 16\ns 147 amd No. 29, 2022, s 14\ns 149 exp No. 32, 2010, s 149(5)\ns 150 amd No. 16, 2013, s 4\npt 8\ndiv 5 hdg exp No. 32, 2010, s 156\nins No. 16, 2013, s 5\ns 152 exp No. 32, 2010, s 156\nins No. 16, 2013, s 5\npt 9 hdg ins No. 26, 2015, s 122\ns 153 exp No. 32, 2010, s 156\nins No. 26, 2015, s 122\npt 10 hdg ins No. 29, 2022, s 15\ns 154 exp No. 32, 2010, s 156\nins No. 29, 2022, s 15\nss 155 – 156 exp No. 32, 2010, s 156","sortOrder":163}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act has been amended several times (see the endnotes/list of amendments). Section 3 (the object) and multiple operational and evidentiary provisions were amended most recently in 2022, and other amendments (2013, 2015, 2016) modified competent authority, liability and transitional arrangements. These statutory changes alter both the Act's operational details and some elements of scope (see amendments listed in the Endnotes and ss3,5,22,60,61,67,84,115,117,118,126,126A,129,133,147)."},"complexity_factors":["Extensive definitional regime and role-based definitions that determine liability across many actors (Part 1, ss5–16).","Broad inspection, search, seizure and direction powers with conditional limits and warrant procedures (ss31–41,44–51,54–66).","Multiple enforcement pathways: strict liability offences, discretionary prosecutions, administrative sanctions (improvement/prohibition/formal warnings), and court-ordered sanctions (Parts 4–6; ss83–91,93–100,101–119).","Detailed corporate and representative liability rules that extend criminal responsibility and create special defences (ss121–126,127–128).","Wide delegated law‑making power for regulations, codes and standards that fill essential technical detail and may create offences (ss147,1 47(2)–(6),148).","Cross-jurisdictional and reciprocal arrangements with corresponding laws and authorities (ss28–29,147(2)(u),(w)).","Complex evidentiary and procedure rules (admissibility of transport documents, weighing records, sample-taking and embargoes) with bespoke notice and review requirements (ss60–66,65,67–69,129–132,114–116).","Multiple stakeholder cost and recovery mechanisms (court compensation orders, recovery of public authority costs, forfeiture and commercial benefits orders) that assign financial liability to various private actors (ss104,111–119,142).","Transitional and amendment history embedded in the Act (endnotes and Parts 8–10) increasing interpretive complexity."],"plain_english_summary":"This Act sets rules for transporting dangerous goods by road and rail in the Territory: it defines who is covered, lists inspection, search, seizure and direction powers for authorised officers, creates offences and administrative and court sanctions, and enables detailed regulations and exemptions. It affects consignors, loaders, operators, drivers, transport businesses and rail/road authorities who bear compliance costs, licensing and possible fines or compensation (see ss5,22,37–55,80,83–85,103,113). The Competent Authority and courts decide compliance, exemptions and sanctions (ss22,80,103)."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"_metrics":{"completionTokens":804},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original purpose as stated in section 3: regulating dangerous goods transport for public safety. The 2022 amendments added a double jeopardy provision (section 126A) and modified goods 'too dangerous to be transported' offences, but these represent refinements rather than scope expansion. The supervisory intervention and exclusion order powers (sections 107-110) are substantial but align with the Act's enforcement objectives."},"complexity_factors":["Extensive cross-referencing between 154 sections across 10 Parts with multiple Divisions and Subdivisions","47 defined terms in section 5 alone, with additional definitions scattered throughout (sections 6-16)","Nested conditional logic: powers depend on 'compliance purposes', 'reasonable grounds', 'dangerous situations', and multiple overlapping thresholds","Dual liability framework: individual liability (sections 83-85) plus corporate executive officer liability (section 126), partnership liability (section 124), and unincorporated association liability (section 125)","Multiple enforcement pathways: administrative sanctions (improvement/prohibition notices), criminal offences, civil compensation orders, and court-based supervisory orders","Conditional warrant requirements with electronic warrant provisions (sections 60-61) creating parallel procedural tracks","Extensive evidentiary presumptions (section 129) and special defences (sections 127-128) that modify standard burden of proof","Transitional provisions spanning three separate amending Acts with complex temporal application rules (sections 150-154)","Regulatory delegation framework allowing adoption of external codes and standards 'as in force from time to time' (section 147) creating dynamic incorporation","Strict liability offences with 'reasonable excuse' defences creating nuanced fault element structures throughout"],"plain_english_summary":"This is the Northern Territory's law for transporting dangerous goods (like chemicals, explosives, flammable materials) by road and rail. It aims to keep people, property and the environment safe through nationally consistent rules.\n\n**Who it affects:**\n- **Drivers** of trucks and trains carrying dangerous goods\n- **Companies** that pack, load, consign or transport these goods (called prime contractors, rail operators, consignors, loaders, packers)\n- **Business owners** and managers who can be held personally liable for offences\n\n**What it does:**\n- **Sets up the regulator:** The Work Health Authority acts as the \"Competent Authority\" with appointed inspectors (authorised officers) who can stop vehicles, inspect premises, seize evidence and issue directions\n- **Creates licensing requirements:** Vehicles and drivers may need special licences to transport dangerous goods\n- **Bans certain goods:** Some goods are \"too dangerous to be transported\" at all\n- **Gives inspectors extensive powers:** They can stop vehicles anywhere, enter premises, search without warrants in emergencies, take samples, seize documents and equipment, and move unattended or broken-down vehicles\n- **Provides enforcement tools:** Improvement notices (fix the problem), prohibition notices (stop dangerous activities), formal warnings, and court orders including fines up to 400 penalty units or 2 years imprisonment\n- **Allows court sanctions:** Commercial benefits penalties (up to 3× profits from offending), licence cancellations, vehicle registration suspensions, supervisory intervention orders (forced compliance programs), and exclusion orders (banning repeat offenders from the industry)\n- **Protects whistleblowers:** Employers cannot retaliate against workers who report breaches\n- **Makes contracts void:** You cannot contract out of these safety obligations\n\n**Key offences:**\n- Transporting without required licences\n- Transporting goods deemed \"too dangerous\"\n- Failing to transport goods safely\n- Obstructing authorised officers\n- Giving misleading information\n\nThe Act works alongside detailed regulations that classify dangerous goods, set packaging rules, specify placarding requirements, and establish training standards."}},"importantCases":[],"_links":{"self":"/api/acts/transport-of-dangerous-goods-by-road-and-rail-national-uniform-legislation-act-2010","history":"/api/acts/transport-of-dangerous-goods-by-road-and-rail-national-uniform-legislation-act-2010/history","analysis":"/api/acts/transport-of-dangerous-goods-by-road-and-rail-national-uniform-legislation-act-2010/analysis","conflicts":"/api/acts/transport-of-dangerous-goods-by-road-and-rail-national-uniform-legislation-act-2010/conflicts","importantCases":"/api/acts/transport-of-dangerous-goods-by-road-and-rail-national-uniform-legislation-act-2010/important-cases","documents":"/api/acts/transport-of-dangerous-goods-by-road-and-rail-national-uniform-legislation-act-2010/documents"}}