Dangerous Goods Act 1985

21 Licences 69

21AA Failure to hold licence and other offences relating to the transport of dangerous goods 71

21A Special provisions for HCDG and explosives licences 74

22 Review of decision of Authority 77

23 Conditions etc. in licences 77

24 Authority may amend, suspend or revoke licences 78

25 Review of licence revocations etc. 80

26 Transfer of licences 80

Part IV—Information on dangerous goods at licensed premises 81

27 Certain persons to provide information concerning dangerous goods 81

28 Authority to send the information to relevant fire authority 82

29 Authority to send municipality details of dangerous goods for which a licence is issued 83

30 Manifests 83

Part V—Accidents and security 84

31 Persons required to take precautions 84

31A Goods too dangerous to be transported 86

31B Dangerous goods must be transported in safe manner 89

31C Aggravated offence 89

31D Conduct in respect of dangerous goods that endangers persons 90

32 Accidents to be reported 91

33 Reconstruction work 92

33A Power of Authority where premises or magazine especially dangerous 92

33B Approval of equipment etc. for sale 93

Part VI—Miscellaneous provisions relating to explosives and liquefied gases 94

34 Governor in Council may appoint public magazines 94

36 Trespassers etc. in relation to explosives 94

37 Offences in relation to explosives 95

38 Exemption of licensee where consignee etc. at fault 96

39 Additional penalties for offences involving explosives 96

Part VIA—Asbestos removal and control 98

39A Definitions 98

39B Application of Part 98

39C Authority to be notified of asbestos installed on or after 1 January 2004 98

39D Manager or controller to agree to a removal plan or management plan 99

39E Removal plan must specify time for removal of asbestos 99

39F Management plans 100

Part VII—Proceedings and enforcement 102

40 Proceedings may be brought by the Authority, inspectors and the police 102

40A Procedure if prosecution is not brought 103

40B Limitation period for prosecutions 105

41 Proceedings for an offence 105

42 Evidence 108

42A Analyst's certificates 109

43 Right of accused to have third person before court 111

44 Offence to interfere etc. with document or give false information 113

44A Offence to give false or misleading information 114

45 General 114

45A Further penalties for subsequent offences 115

45B Infringement notices 116

45C Court may make order amending, suspending or revoking licence 117

46 Offences by bodies corporate and partnerships etc. 118

47 Court may impose punishment for dangerous offence 119

47A Forfeiture and disposal of HCDG, explosives or containers before conviction 119

47B Court orders for forfeiture and disposal of HCDG, explosives or containers before conviction 121

47C Appeal against orders under section 47B 123

47D Compensation 123

48 Court may order forfeiture 124

49 Court may impose additional penalty in lieu of forfeiture 124

50 Costs of seizure etc. recoverable from convicted person 125

50A Judicial notice of Minister's signature etc. 125

51 Acts in good faith etc. not actionable 126

51A Responsible agency for the Crown 126

51B Infringement and other notices may be issued to the Crown 127

51C Proceedings against successors to public bodies 128

Part VIIA—Insurance and indemnity for pecuniary penalties prohibited 129

51D Certain insurance and indemnity arrangements void 129

51E Prohibition on insurance and indemnity for pecuniary penalties 129

Part VIII—Regulations, orders, codes of practice, undertakings and advice on compliance 131

52 Power to make regulations 131

54 Register of classified explosives 135

55 Governor in Council may make Order with respect to dangerous goods 136

55A Orders—general provisions 138

55B Variation and revocation of orders 141

55C Making and varying of orders about HCDG subject to disallowance 141

56 Codes of practice 142

57 Proposed code of practice to be made available for public comment 142

58 Procedural matters concerning codes of practice 143

59 Effect of failure to comply with a code of practice 144

60 Use of codes of practice in proceedings 144

60A Authority may accept undertakings 145

60B Enforcement of undertakings 145

60C Power to give advice on compliance 145

61 Transfer of responsibilities 146

Part IX—Savings and transitional provisions—Dangerous Goods and Equipment (Public Safety) Acts (Amendment) Act 2005 149

62 Definition 149

63 Interpretation of Legislation Act 1984 not affected 149

64 Amendments not to affect the appointment of inspectors 149

65 Continuation of directions and notices 150

66 Application of provisions concerning prosecutions 150

67 Saving of instruments of delegation 151

Part X—Savings and transitional provisions 152

Division 1—Dangerous Goods Amendment (Transport) Act 2008 152

68 Definitions 152

69 Authorised officers 152

70 Notices 152

71 Application for review 153

72 Lawful conduct under previous law 153

73 Notice of prohibition 154

74 References to Road Transport (Dangerous Goods) Act 1995 154

Division 2—Dangerous Goods Amendment (Penalty Reform) Act 2019 154

75 Dangerous Goods Amendment (Penalty Reform) Act 2019 154

Schedules 156

Schedule 2––Subject-matter for regulations 157

Endnotes 172

1 General information 172

2 Table of Amendments 174

3 Explanatory details 182

Version No. 110

Dangerous Goods Act 1985

No. 10189 of 1985

Version incorporating amendments as at

An Act to promote the safety of persons and property in relation to the manufacture, storage, transfer, transport, sale, purchase and use of dangerous goods and the import of explosives, to consolidate and amend the law relating to explosives and other dangerous goods, to repeal the Liquid Fuel Act 1941, the Liquified Petroleum Gas Act 1958, the Explosives Act 1960, the Inflammable Liquids Act 1966, the Liquefied Gases Act 1968 and the Dangerous Goods (Road Transport) Act 1984, to amend the Health Act 1958, the Mines Act 1958, the Transport Act 1983 and for other purposes.

BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):

Part I—Preliminary

1 Short title

This Act may be cited as the Dangerous Goods Act 1985.

2 Commencement

The several provisions of this Act (including the several items in Schedule 1) shall come into operation on the day or on the respective days to be fixed by proclamation or successive proclamations of the Governor in Council published in the Government Gazette.

3 Definitions

(1) In this Act, unless inconsistent with the context or subject-matter—

S. 3(1) def. of ADG Code inserted by No. 84/2000 s. 41(1)(a), substituted by No. 66/2008 s. 4(1)(b).

ADG Code means the Australian Code for the Transport of Dangerous Goods by Road and Rail (Seventh edition or subsequent edition) as in force from time to time in accordance with section 10;

S. 3(1) def. of Authority inserted by No. 13/1996 s. 13(a), amended by No. 67/2013 s. 649(Sch. 9 item 11(1)), substituted by No. 21/2015 s. 3(Sch. 1 item 16).

Authority means the Victorian WorkCover Authority within the meaning of the Workplace Injury Rehabilitation and Compensation Act 2013;

blasting compound means all explosive compounds, formulations or mixtures (other than gunpowder) which are used for blasting and, without limiting the generality of the term, includes all compounds or mixtures containing nitroglycerine or nitroglycol or nitroglycol and nitroglycerine which are used for blasting;

boat means any vessel not being a ship;

S. 3(1) def. of combination inserted by No. 66/2008 s. 4(1)(a).

combination, in relation to a vehicle, means a road vehicle consisting of a motor vehicle and one or more trailers;

S. 3(1) def. of Competent Authorities Sub-committee repealed by No. 84/2000 s. 41(1)(b).

container means anything in or by which dangerous goods are wholly or partly cased, covered, enclosed, contained or packed, whether such a thing is empty or partially or completely full but does not include a vehicle;

S. 3(1) def. of corre-sponding Authority inserted by No. 66/2008 s. 4(1)(a).

corresponding Authority has the same meaning as it has in section 5 of the Occupational Health and Safety Act 2004;

S. 3(1) def. of dangerous goods substituted by No. 78/1995 s. 3, amended by Nos 84/2000 a. 41(1)(c), 67/2004 s. 4(1)(a), 66/2008 s. 4(1)(c)(d).

dangerous goods has the same meaning as it has in the ADG Code except that—

(a) Class 1 dangerous goods in that Code are not dangerous goods for the purposes of this Act; and

(b) the following substances and articles are also dangerous goods—

(i) explosives; and

(ii) combustible liquids having a flashpoint higher than 60°C; and

(iia) high consequence dangerous goods; and

(iib) any goods defined under the ADG Code or the regulations to be goods too dangerous to be transported; and

(iii) any substance or article declared to be dangerous goods by an Order in Council made under section 9B;

S. 3(1) def. of Director-General repealed by No. 13/1996 s. 13(b).

S. 3(1) def. of eligible person inserted by No. 31/2005 s. 3.

eligible person, in relation to a reviewable decision, has the meaning given by section 20;

explosives means any substance or article manufactured or used to produce a practical effect by explosion or a pyrotechnic effect and includes—

(a) gunpowder, nitroglycerine, nitroglycol, gelignite, guncotton, blasting powder, fulminating compounds, coloured fires, smoke compositions, fog signals, fireworks, fuses, rockets, percussion caps, detonators, cartridges and ammunition of all descriptions;

(b) substances or articles of whatever form or composition intended for blasting or demolition purposes;

(c) substances or articles used for the initiating of explosive charges or fillings;

(d) every adaptation or preparation of explosives; and

(e) any substance or article prescribed as explosives for the purposes of this Act;

S. 3(1) def. of explosives licence inserted by No. 67/2004 s. 4(1)(b).

explosives licence means a licence issued pursuant to section 21 in relation to explosives;

S. 3(1) def. of Fire Authority amended by No. 20/2019 s. 159(a).

Fire Authority means any permanent or volunteer fire brigade under the Fire Rescue Victoria Act 1958 or any permanent or volunteer brigade under the Country Fire Authority Act 1958;

S. 3(1) def. of HCDG inserted by No. 67/2004 s. 4(1)(b).

HCDG means high consequence dangerous goods;

S. 3(1) def. of HCDG licence inserted by No. 67/2004 s. 4(1)(b).

HCDG licence means a licence issued pursuant to Part 3 in relation to high consequence dangerous goods;

S. 3(1) def. of high consequence dangerous goods inserted by No. 67/2004 s. 4(1)(b).

high consequence dangerous goods means substances or articles that are declared to be high consequence dangerous goods under section 9B but does not include any substances or articles that are explosives;

S. 3(1) def. of indemnify inserted by No. 36/2021 s. 9.

indemnify means indemnify wholly or partly;

S. 3(1) def. of inspector amended by No. 37/1992 s. 9(2).

inspector means inspector appointed under section 11;

S. 3(1) def. of insure inserted by No. 36/2021 s. 9.

insure means insure wholly or partly;

keeper, in relation to a magazine, means the owner or person in charge of the magazine;

licence means a licence issued pursuant to section 21;

licensed premises means any premises, vehicle, boat or magazine where dangerous goods subject to a licence are present;

licensee means a person who holds a licence;

liquefied gases means any substance or article prescribed as liquefied gases for the purposes of this Act;

S. 3(1) def. of livestock inserted by No. 66/2008 s. 4(1)(a).

livestock has the same meaning as it has in section 3 of the Livestock Disease Control Act 1994;

magazine includes any building, receptacle, place, ship or boat;

magazine area means the area in which two or more magazines are sited;

manifest means an inventory of dangerous goods;

manufacture includes any part or the whole of any process of—

(a) making non-dangerous goods from dangerous goods;

(b) making non-dangerous goods from non-dangerous goods, where in the course of the process dangerous goods are made;

(c) the unmaking, altering, repairing or remaking of dangerous goods;

master includes every person (except a pilot) having command or charge of a ship, and in reference to any boat belonging to a ship means the master of the ship, and in reference to any other boat includes every person having command or charge of such boat;

occupier, in relation to any premises (other than licensed premises that are a vehicle or boat), includes a person who—

(a) is the owner of the premises;

(b) exercises control at the premises under a mortgage, lease or franchise; or

(c) is normally or occasionally in charge of or exercising control or supervision at the premises as a manager or employee or in any other capacity—

and, in relation to licensed premises that are a vehicle or boat, includes a person who—

(d) is the owner of the vehicle or boat; or

(e) is in charge of the vehicle or boat;

S. 3(1) def. of officer substituted by Nos 44/2001 s. 3(Sch. item 29.1), 36/2021 s. 20.

officer of a body corporate, unincorporated body or association or partnership has the meaning given by section 9 of the Corporations Act;

S. 3(1) def. of officer or member amended by No. 20/2019 s. 159(b).

officer or member, in relation to a fire authority, includes a person who is employed by or is an officer of Fire Rescue Victoria under the Fire Rescue Victoria Act 1958 or the Country Fire Authority under the Country Fire Authority Act 1958;

S. 3(1) def. of owner inserted by No. 82/1995 s. 190.

owner in relation to a ship, includes a person who is the charterer of the ship or has possession of the ship;

owner, in relation to a vehicle or boat, includes a person—

(a) who is the sole owner, joint owner or part owner of the vehicle or boat;

(b) who has the possession and use of the vehicle or boat under or subject—

(i) to a hire-purchase agreement, bill of sale or like instrument; or

(ii) to a written hiring agreement (not being a hire-purchase agreement) which requires the person to register the vehicle or boat in the person's name—

but does not include any person in whom the property in the vehicle or boat or any kind of right or licence to take possession of the vehicle or boat is vested under or subject to a hire-purchase agreement or a bill of sale or like instrument or written hiring agreement which requires another person to register the vehicle or boat in the name of that other person but who has not for the time being the possession and use thereof;

person includes a body or association (corporate or unincorporate) and a partnership;

S. 3(1) def. of place inserted by No. 31/2005 s. 3.

place includes a vehicle, ship or boat;

S. 3(1) def. of police officer inserted by No. 37/2014 s. 10(Sch. item 44.1).

police officer has the same meaning as in the Victoria Police Act 2013;

premises includes—

(a) a building or part of a building;

(b) a tent, stall or other structure, whether permanent or temporary;

(c) land, whether or not appurtenant to a building; and

(d) any other place;

primary producer means any person engaged solely or substantially in agricultural, horticultural, viticultural, dairying, pastoral or other like pursuits or any person being a commercial fisherman and holding a licence to take fish for sale;

public magazine means any magazine appointed by the Governor in Council under section 34 to be a public magazine;

S. 3(1) def. of reviewable decision inserted by No. 31/2005 s. 3.

reviewable decision has the meaning given by section 20;

S. 3(1) def. of Road Traffic Authority repealed by No. 44/1989 s. 41(Sch. 2 item 8.1).

sell includes—

(a) barter or exchange;

(b) agree to sell or offer or expose for sale;

(c) receive for sale;

(d) have in possession for sale;

(e) send, forward or deliver for sale;

(f) advertise for sale;

(g) supply or give away for the purpose of advertisement or in furtherance of any trade or business;

(h) sell for resale; or

(i) cause, permit or attempt any of the acts or things referred to in paragraphs (a) to (h);

ship means any vessel used in sea navigation but does not include any barge, lighter or like vessel;

S. 3(1) def. of statutory rule repealed by No. 48/2017 s. 7.

S. 3(1) def. of this Act amended by No. 48/1989 s. 16(2).

this Act includes—

(a) the regulations; and

(b) the register under section 54; and

(c) Orders under section 55;

transfer means any process which involves—

(a) the filling, loading, pumping or pouring of dangerous goods into a container; or

(b) the discharging, unloading, pumping or pouring of dangerous goods from a container;

S. 3(1) def. of Transport Code repealed by No. 84/2000 s. 41(1)(d).

S. 3(1) def. of transport documen-tation inserted by No. 66/2008 s. 4(1)(a).

transport documentation means documentation relating to the transport of dangerous goods required by regulations made under this Act;

S. 3(1) def. of Tribunal inserted by No. 52/1998 s. 311(Sch. 1 item 20.1).

Tribunal means Victorian Civil and Administrative Tribunal established by the Victorian Civil and Administrative Tribunal Act 1998;

S. 3(1) def. of unit of rolling stock inserted by No. 66/2008 s. 4(1)(a).

unit of rolling stock means a vehicle designed to run on rails and that is, in fact, being operated or used on rails;

S. 3(1) def. of vehicle substituted by No. 66/2008 s. 4(1)(e), amended by No. 10/2022 s. 15(b).

vehicle means any means of transport by land and includes a trailer, a semi-trailer, a combination and a unit of rolling stock;

S. 3(1) def. of WorkCover Authority Fund inserted by No. 10/2022 s. 15(a).

WorkCover Authority Fund has the same meaning as it has in the Workplace Injury Rehabilitation and Compensation Act 2013.

(2) For the purposes of the interpretation of manufacture, making includes—

(a) any process of chemical reaction;

(b) any process which involves the mixing, separation, concentration, dilution, assembling or blending of substances or articles; and

(c) the operation of machinery, plant or equipment which is using, treating or processing dangerous goods.

S. 3(3) inserted by No. 67/2004 s. 4(2).

(3) Any reference in this Act to sell explosives or to the sale of explosives includes a reference to the supply of the explosives whether or not for any consideration.

S. 3(4) inserted by No. 66/2008 s. 4(2).

(4) For the purposes of this Act, involvement in the transport of dangerous goods includes any of the following—

(a) importing, or arranging for the importation of, dangerous goods into Australia;

(b) packing dangerous goods for transport;

(c) marking or labelling packages containing dangerous goods for transport;

(d) placarding containers and vehicles in which dangerous goods are transported;

(e) consigning dangerous goods for transport, including the preparation of transport documentation;

(f) loading dangerous goods onto a vehicle, or into a container that is to be put on a vehicle, for transport;

(g) unloading dangerous goods that have been transported;

(h) driving a vehicle carrying dangerous goods;

(i) being the consignee of dangerous goods that are transported;

(j) undertaking, or being responsible for, the transport of dangerous goods, otherwise than as an employee or sub-contractor;

(k) being involved as a director, secretary or manager of a body corporate, or other person who takes part in the management of the body corporate, that takes part in an activity included in this subsection.

4 Objects of Act

The objects of this Act are—

(a) to promote the safety of persons and property in relation to the manufacture, storage, transport, transfer, sale and use of dangerous goods and the import of explosives into Victoria;

(b) to ensure that adequate precautions are taken against certain fires, explosions, leakages and spillages of dangerous goods and that when they occur they are reported to the emergency services and the inspectors without delay;

(c) to ensure that information relating to dangerous goods is provided by occupiers and owners of premises to the relevant authorities;

(d) to allocate responsibilities to occupiers and owners of premises to ensure that the health and safety of workers and the general public is protected;

(e) to provide for licensing of persons required by the regulations to hold a licence in relation to dangerous goods; and

S. 4(f) amended by Nos 84/2000 s. 41(2)(a), 67/2004 s. 3(a).

(f) to provide for the implementation of the ADG Code;

S. 4(g) inserted by No. 67/2004 s. 3(b).

(g) to provide for the management of risks arising out of security concerns associated with explosives and high consequence dangerous goods;

S. 4(h) inserted by No. 67/2004 s. 3(b).

(h) to prohibit or regulate the import, export, supply or disposal of high consequence dangerous goods;

S. 4(i) inserted by No. 67/2004 s. 3(b).

(i) to prohibit or regulate the export or supply of explosives.

S. 5 substituted by No. 31/2005 s. 4.

5 Act binds the Crown

(1) This Act binds the Crown—

(a) in right of the State of Victoria; and

(b) to the extent that the legislative power of the Parliament permits, in all its other capacities.

(2) To avoid doubt, the Crown is a body corporate for the purposes of this Act.

S. 6 repealed by No. 31/2005 s. 5.

S. 7 repealed by No. 78/1995 s. 9(a).

8 Relationship of this Act to other statutory provisions

(1) Subject to this Act, where by or under any other Act provision is made relating to dangerous goods, the provision shall—

(a) if not inconsistent with a provision of this Act, be observed in addition to the provisions of this Act; and

(b) if inconsistent with a provision of this Act, be, to the extent of the inconsistency, of no force or effect and the provision of this Act shall prevail.

S. 8(2) repealed by No. 52/1998 s. 311(Sch. 1 item 20.2), new s. 8(2) inserted by No. 66/2008 s. 5, substituted by No. 39/2018 s. 36.

(2) Unless the contrary intention appears in any regulation or permission made, issued or granted under the Environment Protection Act 2017, the provisions of this Act do not apply to—

(a) the transport of reportable priority waste in accordance with a permission under the Environment Protection Act 2017; or

(b) the transport of waste undertaken in accordance with the requirements of any national environment protection measure made under the National Environment Protection Council (Victoria) Act 1995.

9 Application of Act

This Act shall not apply to—

S. 9(a) substituted by No. 62/2005 s. 141.

(a) a radiation source within the meaning of the Radiation Act 2005;

S. 9(b) amended by Nos 6/1987 s. 5(1)(Sch. item 3(a)), 92/1990 s. 128(Sch. 1 item 5.1), 67/1995 s. 58(Sch. 1 item 6.1), repealed by No. 26/2000 s. 30(1).

S. 9(c) substituted by No. 82/1995 s. 191.

(c) the transport of dangerous goods by ships;

S. 9(ca) inserted by No. 82/1995 s. 191.

(ca) ship to ship transfers of dangerous goods;

S. 9(cb) inserted by No. 82/1995 s. 191.

(cb) the transport by boat of dangerous goods (not being explosives) carried as freight;

(d) the transport of dangerous goods by aircraft;

S. 9(e) amended by Nos 24/1987 s. 12(2), 112/1994 s. 114(Sch. 5 item 2), 31/1995 s. 52 (Sch. 1 item 3), 13/1996 s. 23(a), 99/1997 s. 120, substituted by No. 96/1998 s. 257(2), amended by No. 61/2005 s. 216.

(e) the conveyance of dangerous goods through a pipeline to which the Pipelines Act 2005 applies or through a gathering line within the meaning of the Petroleum Act 1998;

S. 9(ea) inserted by No. 96/1998 s. 257(2), amended by No. 32/2001 s. 27.

(ea) the transmission, distribution or supply of gas to which the Gas Industry Act 2001 applies;

S. 9(eb) inserted by No. 91/2000 s. 39.

(eb) the conveyance of gas by pipeline to which the Gas Safety Act 1997 applies;

S. 9(ec) inserted by No. 66/2008 s. 6.

(ec) any culture or preparation of pathogenic micro-organisms or other material capable of causing disease in livestock or plants;

The regulation of material capable of causing disease in livestock or plants is provided, respectively, in the Livestock Disease Control Act 1994 and the Plant Health and Plant Products Act 1995.

S. 9(ed) inserted by No. 66/2008 s. 6.

(ed) a genetically modified organism or GMO as defined in the Gene Technology Act 2001;

S. 9(f) amended by No. 78/1995 s. 9(b), substituted by No. 46/2008 s. 274.

(f) any culture or preparation of pathogenic micro-organisms or other material capable of causing disease in human beings in respect of which regulations may be made under section 238(1)(q) of the Public Health and Wellbeing Act 2008.

S. 9A inserted by No. 78/1995 s. 4.

9A Governor in Council may exempt dangerous goods from this Act etc.

(1) The Governor in Council may by Order exempt specific dangerous goods from the operation of any or all of this Act.

(2) An Order takes effect on the date it is published in the Government Gazette or on any later date specified in the Order.

S. 9B inserted by No. 78/1995 s. 4.

9B Governor in Council may declare substance or article to be dangerous goods

(1) The Governor in Council may by Order declare any substance or article, or class of substance or article, to be dangerous goods for the purposes of this Act.

S. 9B(1A) inserted by No. 67/2004 s. 5(1).

(1A) The Governor in Council may by Order declare any dangerous goods, or class of dangerous goods, to be high consequence dangerous goods for the purposes of this Act.

S. 9B(1B) inserted by No. 67/2004 s. 5(1).

(1B) The Governor in Council may by Order declare needs for access to high consequence dangerous goods—

(a) that will be treated as lawful needs for the purposes of an HCDG licence;

(b) that will not be treated as lawful needs for the purposes of an HCDG licence.

(2) An Order takes effect on the date it is published in the Government Gazette or on any later date specified in the Order.

(3) The Governor in Council may only make an Order if the Minister recommends that the Order be made in the interests of public safety.

S. 9B(4) amended by Nos 84/2000 s. 41(2)(a), 67/2004 s. 5(2).

(4) If an Order is made under subsection (1), the Minister must attempt to have the substance or article referred to in the Order classified as dangerous goods in the ADG Code.

S. 9C inserted by No. 66/2008 s. 7.

9C Ministerial order suspending or varying operation of regulations

(1) The Minister may, by an order published in the Government Gazette, order that the operation of any regulations under this Act relating to the transport of dangerous goods, other than explosives or HCDG, or the operation of specified parts of such regulations—

(a) is suspended for a specified period; or

(b) is varied in a manner specified in the order.

(2) An order may have effect in relation to the whole of Victoria or to a specified area.

(3) On or before the 6th sitting day after the order is published in the Government Gazette, the Minister must ensure that a copy of the order is laid before each House of the Parliament.

(4) A failure to comply with subsection (3) does not affect the operation or effect of the order but the Scrutiny of Acts and Regulations Committee of the Parliament may report the failure to each House of Parliament.

(5) An order may be disallowed in whole or in part by either House of Parliament.

(6) Part 5 of the Subordinate Legislation Act 1994 applies to an order as if—

(a) a reference in that Part to a "statutory rule" were a reference to the order; and

(b) a reference in section 23(1)(c) of that Part to "section 15(1)" were a reference to subsection (3).

10 Adoption of ADG Code

S. 10(1) amended by No. 84/2000 s. 41(2)(a)(b), substituted by No. 66/2008 s. 8(1).

(1) Without limiting the generality of section 52(3)(c), any regulation made under this Act may incorporate or adopt by reference the provisions of the Australian Code for the Transport of Dangerous Goods by Road and Rail (Seventh edition or subsequent edition) wholly or partially or as amended by the regulation.

S. 10(1A) inserted by No. 66/2008 s. 8(1).

(1A) A reference to a provision of the Australian Code for the Transport of Dangerous Goods by Road and Rail (Seventh edition or subsequent edition) is to be read as a reference to that provision as in force from time to time.

S. 10(1B) inserted by No. 66/2008 s. 8(1).

(1B) For the purposes of subsection (1A) and subject to subsection (1C), an amendment to a provision of the Australian Code for the Transport of Dangerous Goods by Road and Rail (Seventh edition or subsequent edition) is in force—

(a) from the date notice of the amendment is published in the Government Gazette by the Authority; or

(b) a later date determined by the Authority and specified in the notice.

S. 10(1C) inserted by No. 66/2008 s. 8(1).

(1C) If—

(a) the effect of the amendment is to impose a new obligation or to alter an existing obligation under the regulations; and

(b) the Authority has not determined a later date under subsection (1B)(b);

a person may choose to comply with the regulations as if the amendment had not been made until 6 months after the date the amendment is notified under subsection (1B).

S. 10(2) amended by Nos 13/1996 s. 22(a), 84/2000 s. 41(2)(a), 66/2008 s. 8(2).

(2) For the purposes of this Act, in any provision of the ADG Code a reference to the "competent authority" shall be construed as a reference to the Authority.

S. 10(3) inserted by No. 84/2000 s. 41(3).

(3) Any reference in any Act, regulation, local law, subordinate instrument or other document to the "Transport Code" is as from the commencement of section 41 of the Transport Accident (Amendment) Act 2000 to be construed as a reference to the "ADG Code", unless the context otherwise requires.

S. 10A inserted by No. 48/1989 s. 4.

10A Review of decisions by Tribunal

S. 10A(1) amended by Nos 13/1996 s. 22(b), 52/1998 s. 311(Sch. 1 item 20.3).

(1) An application may be made to the Tribunal for review of an administrative decision made by the Authority, or by a delegate of the Authority, under this Act.

(2) An application under subsection (1) may be made only by a person whose interests are directly affected by the decision.

S. 10A(2A) inserted by No. 31/2005 s. 6.

(2A) Subsection (1) does not apply to any reviewable decision.

A reviewable decision has the meaning given by section 20—see section 3(1). Reviewable decisions are excluded from subsection (1) because they are dealt with by Part IIA. Essentially, a wider range of people may apply for the review of a reviewable decision and there is a process of internal review available in respect of those decisions.

(3) Subsection (1) does not apply to decisions under Part III.

S. 10A(4) inserted by No. 52/1998 s. 311(Sch. 1 item 20.4).

(4) An application for review must be made within 28 days after the later of—

(a) the day on which the decision is made;

(b) if, under the Victorian Civil and Administrative Tribunal Act 1998, the applicant requests a statement of reasons for the decision, the day on which the statement of reasons is given to the applicant or the applicant is informed under section 46(5) of that Act that a statement of reasons will not be given.

S. 10B inserted by No. 31/2005 s. 7.

10B Delegations

(1) The Authority may, by instrument in writing, delegate to an inspector all or any of its powers or functions under this Act (except this power of delegation).

(2) The Authority may, by instrument in writing, delegate to an authorised person all or any of its powers or functions under this Act (except this power of delegation)—

(a) to the extent that they relate to the manufacture, supply, sale, transfer, transport, storage, handling, use or disposal of dangerous goods; and

S. 10B(2)(b) amended by Nos 63/2006 s. 61(Sch. item 8), 6/2009 s. 49(1).

(b) only with respect to activities that are carried out under the Mineral Resources (Sustainable Development) Act 1990, the Petroleum Act 1998, the Mines (Aluminium Agreement) Act 1961 and the Extractive Industries (Lysterfield) Act 1986 and that relate to a mine, quarry or petroleum site.

(3) In subsection (2), authorised person means—

(a) a person—

(i) who is employed in the Department of Primary Industries under the Public Administration Act 2004; and

(ii) who, in the opinion of the Authority, has sufficient knowledge and experience to competently exercise or perform the relevant power or function; or

S. 10B(3)(b) substituted by No. 6/2009 s. 49(2).

(b) the Chief Inspector under the Mineral Resources (Sustainable Development) Act 1990.

(4) Despite subsection (2), the only person to whom the Authority may delegate its power to appoint inspectors in relation to the matters to which paragraphs (a) and (b) of that subsection apply is the Secretary to the Department of Primary Industries.

(5) The Authority may, by instrument in writing, delegate all or any of the powers or functions of an inspector—

S. 10B(5)(a) amended by Nos 49/2019 s. 186(Sch. 4 item 10.1), 25/2025 s. 106(Sch. 1 item 10.1).

(a) to any employee in the Department of Transport and Planning; or

S. 10B(5)(b) amended by Nos 37/2014 s. 10(Sch. item 44.2), 20/2019 s. 160.

(b) to any police officer or officer or member of a fire authority (not being a volunteer fire brigade under the Fire Rescue Victoria Act 1958 or a volunteer brigade under the Country Fire Authority Act 1958); or

(c) to any office holder, officer or employee of a municipal council—

if it is satisfied that that person is capable of exercising the powers or performing the functions to be delegated.

(6) An instrument of delegation made under this section must specify when, where and in what circumstances the delegation may be exercised.

Section 42A(1)(b) of the Interpretation of Legislation Act 1984 provides that a person delegating a power or function may specify conditions or limitations on the exercise of the power or function by the delegate.

S. 10C inserted by No. 66/2008 s. 9, amended by No. 60/2014 s. 140(Sch. 3 item 11).

10C Provision of information to corresponding Authority

Subject to the Privacy and Data Protection Act 2014, the Authority may provide information to a corresponding Authority about—

(a) any action taken by the Authority under this Act; or

(b) any information obtained under this Act, including any information contained in any records, devices or other things inspected or seized under this Act.

S. 10D inserted by No. 66/2008 s. 9.

10D Restrictions on disclosure of information

(1) This section applies to a person who is or has been—

(a) a member of the Authority's Board of Management; or

(b) appointed for the purpose of this Act by the Authority; or

(c) engaged as a member of the Authority's staff; or

(d) authorised to perform a function or exercise a power of, or on behalf of, the Authority.

(2) Subject to section 10E, a person to whom this section applies must not, except to the extent necessary to perform official duties or to perform a function or exercise a power of, or on behalf of, the Authority—

(a) directly or indirectly make a record of or disclose to any other person any information acquired by the person by virtue of being a person to whom this section applies; or

(b) make use of any such information for any purpose other than—

(i) the performance of official duties; or

(ii) the performance of a function or exercise of a power of, or on behalf of, the Authority.

S. 10E inserted by No. 66/2008 s. 9.

10E Circumstances in which information may be disclosed

(1) Nothing in section 10D precludes a person from doing any of the following—

(a) producing a document to a court in the course of criminal proceedings;

(b) producing a document to a court or the Tribunal in the course of proceedings under this Act;

(c) disclosing to a court in the course of criminal proceedings, or to a court or the Tribunal in the course of proceedings under this Act, any matter or thing arising under this Act or coming to the notice of the person—

(i) in the performance of official duties; or

(ii) in the performance of a function or exercise of a power of, or on behalf of, the Authority;

(d) producing a document or disclosing information with respect to a matter or thing arising under this Act to any of the following—

(i) the Secretary to the Department of Treasury and Finance;

(ii) a corresponding Authority;

(iii) an authority, department or public body, within the meaning of the Financial Management Act 1994, that has functions in relation to particular matters relating to occupational health and safety or dangerous goods arising under this or another Act;

(iv) a committee of the Parliament;

(v) a person or body approved (in writing) by the Governor in Council for the purposes of this section;

(e) producing a document or disclosing information that is required or permitted by or under this or another Act to be produced or disclosed (as the case may be).

(2) The Minister must cause a report of requests for the approval of persons or bodies by the Governor in Council under subsection (1)(d)(v) to be laid before each House of the Parliament within 14 sitting days of that House after 30 June in each year.

(3) The report must include the following matters in respect of each request—

(a) the name of the person sought to be approved;

(b) the reason for the request;

(c) the date of the request;

(d) whether the request was approved or refused.

Pt 2 (Heading) substituted by No. 31/2005 s. 8.

Part II—Inspectors and enforcement

Pt 2 Div. 1 (Heading) inserted by No. 31/2005 s. 9.

Division 1—Appointment of inspectors

S. 11 amended by Nos 37/1992 s. 9(1), 13/1996 s. 14, 26/2000 s. 30(2), 108/2004 s. 117(1) (Sch. 3 item 53.1), substituted by No. 31/2005 s. 9.

11 Appointment of inspectors[[1]](#endnote-2)

(1) The Authority may, by instrument in writing, appoint an officer or employee of the Authority to be an inspector for the purposes of this Act.

(2) The Authority may also, by instrument in writing, appoint any person who is employed in the Department of Primary Industries under the Public Administration Act 2004 to be an inspector for the purposes of one or more matters relating to the manufacture, supply, sale, transfer, transport, storage, handling, use or disposal of dangerous goods with respect to activities—

S. 11(2)(a) amended by Nos 63/2006 s. 61(Sch. item 8), 6/2009 s. 49(3).

(a) that are carried out under the Mineral Resources (Sustainable Development) Act 1990, the Petroleum Act 1998, the Mines (Aluminium Agreement) Act 1961 and the Extractive Industries (Lysterfield) Act 1986; and

(b) that relate to a mine, quarry or petroleum site.

(3) The Authority must give each person who is appointed as an inspector a certificate of appointment signed by—

S. 11(3)(a) amended by No. 67/2013 s. 649(Sch. 9 item 11(2)).

(a) the chief executive of the Authority appointed under section 498 of the Workplace Injury Rehabilitation and Compensation Act 2013; or

(b) in the case of an appointment made by the Secretary to the Department of Primary Industries as a delegate, by that Secretary.

(4) The appointment of a person as an inspector for the purposes of this Act and either or both of the following Acts may be made by a single instrument—

(a) the Occupational Health and Safety Act 2004;

(b) the Equipment (Public Safety) Act 1994.

(5) A certificate of appointment given to a person in accordance with subsection (3) is conclusive proof of the valid appointment of the person as an inspector under this section.

S. 11A inserted by No. 31/2005 s. 9.

11A Limitations on powers of particular inspectors

The appointment of a person as an inspector may be made subject to conditions, limitations or restrictions as to—

(a) the powers exercisable by that person; and

(b) when, where and in what circumstances that person may exercise those powers.

S. 11B inserted by No. 31/2005 s. 9.

11B Identity cards

(1) The Authority must issue an identity card to each inspector containing a photograph of the inspector and his or her signature.

(2) An inspector must produce his or her identity card for inspection if asked to do so when performing a function or exercising a power under this Act.

(3) If a person to whom an identity card has been issued ceases to be an inspector, the person must return the identity card to the Authority as soon as is practicable.

Pt 2 Div. 2 (Heading) inserted by No. 31/2005 s. 9.

Division 2—Performance of functions or exercise of powers

S. 12 substituted by No. 31/2005 s. 9.

12 Inspectors subject to Authority's directions

(1) An inspector is subject to the Authority's directions in the performance of his or her functions or in the exercise of his or her powers under this Act.

(2) A direction under subsection (1) may be of a general nature or may relate to a specified matter or to a specified class of matter.

S. 12A inserted by No. 31/2005 s. 9

12A Authority has the powers etc. of an inspector

The Authority has all the functions and powers that an inspector has under this Act.

Pt 2 Div. 3 (Heading) inserted by No. 31/2005 s. 9.

Division 3—Powers relating to entry and to inspection of vehicles

Pt 2 Div. 3 Subdiv. 1 (Heading) inserted by No. 31/2005 s. 9.

Subdivision 1—General powers

S. 13 amended by Nos 48/1989 s. 5, 13/1996 s. 22(c), substituted by No. 31/2005 s. 9.

13 Power to enter places

(1) At any reasonable time (whether it is day or night), an inspector may enter a place at or in which the inspector reasonably believes there is or are—

(a) dangerous goods; or

(b) any container, equipment, fittings, piping, appliance or other thing that is being, has been, or is likely to be, used—

(i) for, or in connection with, the manufacture, supply, transfer, storage, transport, sale or use of dangerous goods; or

(ii) for the import into Victoria of explosives.

Notes

1 Place is defined in section 3 as including a vehicle, ship or boat.

2 The powers conferred by this section are limited in respect of a part of a place that is used only for residential purposes (see section 16).

(2) Without limiting subsection (1), it is a reasonable time to enter a place if the inspector reasonably believes that there is an immediate risk to the health or safety of a person at the place as a result of the presence of dangerous goods, or of any thing described in subsection (1)(b), that the inspector reasonably believes to be at or in the place.

S. 13A inserted by No. 31/2005 s. 9.

13A Power to inspect vehicles

(1) An inspector may stop, detain, inspect, examine or move to some suitable place for inspection and examination any vehicle, ship or boat used, or that the inspector believes on reasonable grounds is being, or is likely to be, used for the transport of dangerous goods.

(2) For the purposes of this section—

(a) the inspector may require the owner of, or the person having the control or management of, the vehicle, ship or boat to move the vehicle, ship or boat to the suitable place; or

(b) the Authority may engage a suitably qualified person to move the vehicle, ship or boat to the suitable place, and may recover the cost of doing so from the owner of the vehicle, ship or boat.

(3) A requirement under subsection (2)(a) may be made—

(a) orally; or

(b) by notice in writing served on the owner of, or the person having the control or management of, the vehicle, ship or boat that specifies by when the vehicle, ship or boat must be taken to the suitable place.

(4) A person must not, without reasonable excuse, refuse or fail to comply with a requirement under subsection (2)(a).

The powers conferred by this section are limited in respect of a part of a place that is used only for residential purposes (see section 16).

S. 13B inserted by No. 31/2005 s. 9.

13B Powers incidental to entry etc.

(1) An inspector exercising a power under this Subdivision in relation to a place may do any of the following—

(a) inspect, examine and make enquiries at the place;

(b) inspect and examine any thing (including a document) at the place;

(c) bring any equipment or materials to the place that may be required;

(d) seize any thing (including a document) at the place that may afford evidence of the commission of an offence against this Act;

(e) seize any thing at the place for further examination or testing but only if the inspector reasonably believes that the examination or testing is reasonably necessary and cannot be reasonably conducted on site;

(f) take photographs or measurements or make sketches or recordings;

(g) exercise any other power conferred on the inspector by this Act;

(h) do any other thing that is reasonably necessary for the purpose of the inspector performing his or her functions or exercising his or her powers under this Act.

(2) The inspector may use any vehicle, ship or boat in which seized dangerous goods are present for the removal and detention of those goods, and the Authority must pay to the owner of the vehicle, ship or boat reasonable compensation for that use (unless the owner is found guilty of an offence under this Act in relation to those goods).

S. 13C (Heading) amended by No. 49/2018 s. 23(1).

S. 13C inserted by No. 31/2005 s. 9.

13C Power to require production of documents and answers to questions

S. 13C(1) amended by No. 49/2018 s. 23(2).

(1) An inspector who enters a place under this Subdivision may do any or all of the following—

S. 13C(1)(a) amended by No. 49/2018 s. 23(3).

(a) require a person to produce a document or part of a document; and

(b) examine that document or part; and

(c) require a person at the place to answer any questions put by the inspector.

(2) A person must not, without reasonable excuse, refuse or fail to comply with a requirement under subsection (1).

(3) Before requiring a person to produce a document or part of a document or to answer questions under subsection (1), an inspector—

(a) must produce his or her identity card for inspection by the person and warn the person that a refusal or failure to comply with the requirement, without reasonable excuse, is an offence; and

(b) must inform the person that he or she may refuse or fail to answer any question if answering the question would tend to incriminate him or her.

(4) A person is not liable to be prosecuted for an offence against subsection (2) if the inspector concerned failed to comply with subsection (3).

S. 13C(5) inserted by No. 49/2018 s. 23(4).

(5) Despite section 7 of the Criminal Procedure Act 2009, a proceeding for an offence against this section must be commenced within 12 months after the date on which the Authority becomes aware that an offence has been committed.

Notes

1 The powers conferred by this section are limited in respect of a part of a place that is used only for residential purposes (see section 16).

Note 2 to s. 13C amended by No. 69/2009 s. 54(Sch. Pt 1 item 15.1).

2 This section does not affect legal professional privilege or client legal privilege (see section 19G) or, in the case of a requirement to answer questions, the privilege against self-incrimination (see section 19F).

S. 13D inserted by No. 31/2005 s. 9.

13D Power to take samples

(1) An inspector who enters a place under this Subdivision may (without payment)—

(a) take samples of any thing at the place that may be required for analysis;

(b) require the occupier or master or person in charge or apparently in charge of the place to give the inspector samples of any thing at the place that may be required for analysis;

(c) require a person at the place who is in possession of any thing at the place to give the inspector samples of the thing to enable the thing to be analysed.

(2) A person must not, without reasonable excuse, refuse or fail to comply with a requirement under subsection (1)(b) or (1)(c).

(3) If an inspector intends to take a sample, he or she must notify the person who has the management or control of the place for the time being of that intention.

(4) Unless it is unsafe to do so, after taking or receiving a sample the inspector must—

(a) divide it into as many parts as are necessary, mark, and seal or fasten up, each part in a way that the nature of the sample allows; and

(b) if the person who must be notified under subsection (3) requires the inspector to give him or her a part, give one part to that person; and

(c) keep one part for future comparison.

(5) If it is determined that the sample is to be analysed, the inspector must submit another part to an analyst for that purpose.

Pt 2 Div. 3 Subdiv. 2 (Heading and s. 13E) inserted by No. 31/2005 s. 9.

Subdivision 2—Incident inquiries

S. 13E inserted by No. 31/2005 s. 9.

13E Inquiries concerning fires and explosions and events involving dangerous goods

If any of the following events occurs—

(a) any fire or explosion resulting in loss of life, personal injury or damage to property; or

(b) any leakage of dangerous goods; or

(c) any damage to any property or danger to the public involving dangerous goods—

an inspector may make any inquiry concerning the event that he or she considers necessary for the purposes of this Act, and for that purpose he or she may enter any place.

The powers conferred by this section are limited in respect of a part of a place that is used only for residential purposes (see section 16).

Pt 2 Div. 4 (Heading) inserted by No. 31/2005 s. 9.

Division 4—Procedure relating to entry

S. 14 amended by Nos 44/1989 s. 41(Sch. 2 item 8.2), 48/1989 s. 7(a)(d), 13/1996 s. 15, 26/2000 s. 30(3)(4), 84/2000 s. 41(2)(c), 82/2001 s. 32, 108/2004 s. 117(1) (Sch. 3 item 53.1), substituted by No. 31/2005 s. 9.

14 Announcement on entry

(1) Immediately on entering a place under Division 3, an inspector must take all reasonable steps to notify the occupier or apparent occupier of the place of the entry, and to produce his or her identity card for inspection by that person.

(2) However, an inspector is not required to comply with subsection (1) if—

(a) to do so would defeat the purpose for which the place was entered, or would cause unreasonable delay; or

(b) the person is already aware that the inspector has entered the place, or was notified in advance of when the inspector would enter.

S. 14A inserted by No. 31/2005 s. 9.

14A Report to be given about entry

(1) An inspector who enters a place under Division 3 must give a report concerning the entry when, or as soon as is practicable after, he or she leaves the place to the occupier or apparent occupier of the place.

(2) The report must be in writing and must include—

(a) the time of the entry and departure; and

(b) the purpose of the entry; and

(c) a description of the things done while at the place; and

(d) a summary of the inspector's observations while at the place; and

(e) the procedure for contacting the Authority and the inspector for further details of the entry; and

(f) the procedure for seeking a review of any decision made by the inspector during the entry.

(3) If the inspector takes photographs or makes sketches or other recordings under section 13B(1)(f), the report must also include a statement—

(a) that the photographs have been taken, or that the sketches or recordings have been made; and

(b) that they are, or will be, available for inspection at a specified place.

S. 14A(4) inserted by No. 36/2021 s. 21.

(4) The report may be given in a manner specified in section 17G(1) or (1AA).

S. 14A(5) inserted by No. 36/2021 s. 21.

(5) Section 8(1) and (2) of the Electronic Transactions (Victoria) Act 2000 do not apply to the giving of a report by electronic communication in a manner specified in section 17G(1) or (1AA).

Pt 2 Div. 5 (Heading) inserted by No. 31/2005 s. 9.

Division 5—Search warrants

S. 15 amended by No. 13/1996 s. 22(d), substituted by No. 31/2005 s. 9.

15 Issue of search warrants

(1) An inspector may apply to a magistrate for the issue of a search warrant in relation to a particular place if the inspector believes on reasonable grounds that there is, or may be within the next 72 hours, a particular thing (including a document) at the place that may afford evidence of the commission of an offence against this Act.

S. 15(2) amended by No. 6/2018 s. 68(Sch. 2 item 39).

(2) A magistrate may issue the search warrant if
he or she is satisfied by evidence on oath or by affirmation, whether oral or by affidavit, that there are reasonable grounds for suspecting that there is, or may be within 72 hours, a particular thing (including a document) at the place that may afford evidence of the commission of an offence against this Act.

(3) The search warrant may authorise a named inspector and any assistants the inspector considers necessary—

(a) to enter the place or part of the place named or described in the warrant; and

(b) to search for the thing named or described in the warrant.

(4) In addition to any other requirement, the search warrant must state—

(a) the offence suspected; and

(b) the place to be searched; and

(c) a description of the thing for which the search is to be made; and

(d) any conditions to which the warrant is subject; and

(e) whether entry is authorised to be made at any time, or during specified hours; and

(f) that the warrant authorises entry on only one occasion; and

(g) a day, not later than 7 days after the day the warrant is issued, on which it ceases to have effect.

(5) A search warrant must be issued in accordance with the Magistrates' Court Act 1989 and in the form prescribed under that Act.

(6) The rules that apply to search warrants mentioned in the Magistrates' Court Act 1989 extend and apply to search warrants under this section.

S. 15A inserted by No. 31/2005 s. 9.

15A Announcement before entry on warrant

(1) Before executing a search warrant, the inspector named in the warrant or an assistant to the inspector must—

(a) announce that he or she is authorised by the warrant to enter the place; and

(b) give any person at the place an opportunity to allow that entry.

(2) However, the inspector or an assistant to the inspector need not comply with subsection (1) if he or she believes, on reasonable grounds, that immediate entry to the place is needed to ensure—

(a) the safety of any person; or

(b) that the effective execution of the warrant is not frustrated.

S. 15B inserted by No. 31/2005 s. 9.

15B Copy of warrant to be given to the occupier of the place to be searched

If an occupier or apparent occupier is present at a place when a search warrant is being executed, the inspector must—

(a) identify himself or herself to that person by producing his or her identity card for inspection; and

(b) give that person a copy of the execution copy of the warrant.

Pt 2 Div. 6 (Heading) inserted by No. 31/2005 s. 9.

Division 6—Limitation on entry powers

S. 16 substituted by No. 48/1989 s. 6, repealed by No. 13/1996 s. 16, new s. 16 inserted by No. 31/2005 s. 9

16 Places used for residential purposes

(1) Despite anything else in this Part, the powers of an inspector under this Part in relation to entering a place are not exercisable in respect of any part of a place that is used only for residential purposes except—

(a) with the consent of the occupier for the time being of the place; or

(b) under the authority conferred by a search warrant.

(2) For the purposes of subsection (1), any common property in a subdivision of land is not a place used only for residential purposes.

Examples:

Examples of common property include a storeroom associated with a swimming pool at an apartment building (at which, for instance, chlorine might be stored); a cleaner's cupboard under the stairs of a block of flats; and a room containing heating or cooling equipment for an apartment building.

S. 16(3) inserted by No. 66/2008 s. 10.

(3) For the purposes of subsection (1), a place is not being used for residential purposes merely because temporary or casual sleeping or other accommodation is provided in the place for vehicle drivers.

Example

The sleeping area in the rear of a truck's cabin is not a place being used for residential purposes.

Pt 2 Div. 7 (Heading and ss 16A, 16B) inserted by No. 31/2005 s. 9.

Division 7—Return and forfeiture of seized things

S. 16A inserted by No. 31/2005 s. 9.

16A Return of seized things

(1) As soon as possible after an inspector seizes any thing (including a document) under this Part, the Authority must return the thing to the owner unless—

(a) the Authority considers it necessary to retain the thing because it may afford evidence in proceedings, that have been or that may be commenced, for an offence against this Act; or

(b) the thing is forfeited to the Authority under this Act; or

S. 16A(1)(ba) inserted by No. 36/2021 s. 33(1).

(ba) the thing is a copy made under section 19C of a document or part of a document; or

(c) the Authority is otherwise authorised (by a law or court order) to retain, destroy or dispose of the thing.

(2) The thing may be returned either unconditionally or on any terms and conditions that the Authority considers appropriate to eliminate or reduce any risks to the safety of any person or of damage to property arising from, or in relation to, the thing.

(3) If the Authority imposes terms or conditions on the return of a thing, the owner must comply with each of those terms and conditions.

S. 16A(4) inserted by No. 36/2021 s. 33(2).

(4) To avoid doubt, the Authority may destroy or dispose of a thing without giving notice to any person of the destruction or disposal if—

(a) the thing is forfeited to the Authority under section 16B; or

(b) the thing is a copy made under section 19C of a document or part
of a document; or

(c) the Authority is otherwise authorised (by a law or court order) to destroy or dispose of the thing without giving notice to any person.

S. 16B inserted by No. 31/2005 s. 9.

16B Forfeiture of seized things

(1) Any thing (including a document), other than high consequence dangerous goods or explosives or containers used for or in connection with high consequence dangerous goods or explosives, that an inspector has seized and retained under this Part is forfeited to the Authority if the Authority—

(a) cannot find its owner despite making reasonable enquiries; or

(b) cannot return it to the owner despite making reasonable efforts; or

(c) considers it necessary to retain the thing to prevent the commission of an offence against this Act.

The forfeiture of high consequence dangerous goods or explosives or containers used for or in connection with high consequence dangerous goods or explosives is dealt with in sections 47A to 47D.

(2) If a thing is forfeited to the Authority under subsection (1)(c), the Authority must notify (in writing) the owner accordingly, setting out how the owner may seek a review of the decision to forfeit the thing, unless the Authority cannot find the owner despite making reasonable enquiries.

S. 17 amended by Nos 48/1989 s. 8, 82/1995 s. 192(1)(2)
(a)–(d), 13/1996 s. 17, 74/2000 s. 3(Sch. 1 item 34), 67/2004 s. 6, repealed by No. 31/2005 s. 9.

Pt 2 Div. 8 (Heading) inserted by No. 31/2005 s. 10.

Division 8—Powers to issue directions and notices

S. 17A inserted by No. 48/1989 s. 9.

17A Provisional directions

S. 17A(1) amended by Nos 13/1996 s. 22(e), 31/2005 s. 11(a).

(1) The Authority may, by instrument in writing, confer on any delegate under section 10B(5) power to issue provisional directions under this section.

(2) Any delegate so empowered if of the opinion that any person—

(a) is contravening this Act; or

(b) has contravened this Act in circumstances that make it likely that the contravention will continue or be repeated—

may issue to the person a provisional direction in writing requiring the person to remedy the contravention or likely contravention or the matters or activities occasioning it.

(3) A provisional direction must—

(a) state the delegate's opinion and reasons for the opinion; and

(b) specify the contravention; and

(c) specify the day (being a day more than seven days after the direction is issued) before which the contravention or likely contravention or the matters or activities occasioning it must be remedied; and

(d) state that within seven days after the direction is issued the person may refer it to an inspector.

(4) A person to whom a provisional direction is issued may, within seven days after the direction is issued, refer it to an inspector for confirmation or cancellation.

(5) An inspector may—

(a) confirm a provisional direction, with or without modifications; or

(b) cancel it.

(6) A person—

(a) to whom a provisional direction is issued which is not referred to an inspector; and

(b) who fails to comply with the direction—

S. 17A(7) amended by Nos 78/1995 s. 5(1), 31/2005 s. 11(b).

(7) A provisional direction confirmed by an inspector shall be deemed to be an improvement notice issued under section 17C.

S. 17A(8) inserted by No. 78/1995 s. 5(2).

(8) A person to whom a provisional direction is issued that is confirmed by an inspector need not comply with the direction within the first 7 days after the direction is confirmed.

S. 17B inserted by No. 78/1995 s. 6, substituted by No. 31/2005 s. 12.

17B Power to issue non-disturbance notice

(1) An inspector who has entered a place under this Part may issue a non-disturbance notice to the occupier or apparent occupier of the place requiring that person—

(a) to stop the use or movement of, or interference with, any specified thing at the place; and

(b) to prevent the disturbance of the thing or a specified area of the place where the thing is located—

if the inspector reasonably believes that it is necessary to do so to facilitate the performance of his or her functions or the exercise of his or her powers under this Act in relation to the place or any thing at the place.

(2) A non-disturbance notice must specify the period (of no more than 7 days) for which it applies and set out—

(a) the obligations of the person to whom it is issued; and

(b) the penalty for contravening the notice; and

(c) how the person may seek a review of the issue of the notice; and

(d) a statement of the effect of section 17I (proceedings for offences not affected by notices).

(3) If an inspector considers it necessary to do so, he or she may issue one or more subsequent non‑disturbance notices to an occupier or apparent occupier, whether before or after the expiry of the previous notice, each of which must comply with subsection (2).

(4) A person who, without reasonable excuse, fails to comply with a non-disturbance notice issued to the person is guilty of an indictable offence and is liable to a fine not exceeding—

(a) in the case of a natural person, 500 penalty units; or

Note to s. 17B(4) amended by No. 68/2009 s. 97(Sch. item 44.1).

S. 17C inserted by No. 78/1995 s. 6, substituted by Nos 52/1998 s. 311(Sch. 1 item 20.5), 31/2005 s. 12.

17C Power to issue improvement notice

(1) If an inspector reasonably believes that a person—

(a) is contravening a provision of this Act; or

(b) has contravened such a provision in circumstances that make it likely that the contravention will continue or be repeated—

the inspector may issue to the person an improvement notice requiring the person to remedy the contravention or likely contravention, or the matters or activities causing the contravention or likely contravention.

(2) An improvement notice must—

(a) state the basis for the inspector's belief on which the issue of the notice is based; and

(b) specify the provision of this Act that the inspector considers has been, or is likely to be, contravened; and

(c) specify a date (with or without a time) by which the person is required to remedy the contravention or likely contravention, or the matters or activities causing the contravention or likely contravention, that the inspector considers is reasonable having regard to the severity of any relevant risks and the nature of the contravention or likely contravention; and

(d) set out the penalty for contravening the notice; and

(e) state how the person may seek a review of the issue of the notice; and

(f) include a statement of the effect of section 17I (proceedings for offences not affected by notices).

(3) An improvement notice may include directions concerning the measures to be taken to remedy the contravention or likely contravention, or the matters or activities causing the contravention or likely contravention, to which the notice relates and may, in particular, include—

(a) a direction that if the person has not remedied the contravention, likely contravention, matters or activities (as the case may be) by the date and time (if any) specified in the notice, an activity to which the notice relates is to cease until an inspector has certified in writing that the contravention, likely contravention, matters or activities have been remedied; and

(b) interim directions, or interim conditions on the carrying on of any activities to which the notice relates, that the inspector considers necessary to minimise risks to the safety of any person or of damage to any property.

(4) A person to whom an improvement notice is issued must comply with the notice.

(5) An offence against subsection (4) is an indictable offence.

Note to s. 17C(5) amended by No. 68/2009 s. 97(Sch. item 44.2).

(6) If an application for a review of a decision under this section has been made under Part IIA, an inspector must not give a certificate under subsection (3)(a) in relation to the improvement notice concerned until after the review ends.

S. 17D inserted by No. 31/2005 s. 12.

17D Power to issue prohibition notice

(1) If an inspector reasonably believes that—

(a) an activity involving the manufacture, supply, transfer, storage, transport, sale or use of dangerous goods, or the import into Victoria of explosives, is occurring at a place that involves or will involve an immediate risk to the safety of any person or of damage to any property; or

(b) such an activity may occur at a place that, if it occurs, will involve an immediate risk to the safety of any person or of damage to any property—

the inspector may issue to a person who has, or appears to have, control over the activity a prohibition notice prohibiting the carrying on of the activity, or the carrying on of the activity in a specified way, until an inspector has certified in writing that the matters that give, or that will give, rise to the risk have been remedied.

(2) A prohibition notice must—

(a) state the basis for the inspector's belief on which the issue of the notice is based; and

(b) specify the activity which the inspector believes involves or will involve the risk and the matters which give, or will give, rise to the risk; and

(c) if the inspector believes that the activity involves a contravention, or likely contravention, of a provision of this Act, specify that provision and state the basis for that belief; and

(d) set out the penalty for contravening the notice; and

(e) state how the person may seek a review of the issue of the notice; and

(f) include a statement of the effect of section 17I (proceedings for offences not affected by notices).

(3) A prohibition notice may include directions on the measures to be taken to remedy the risk, activities or matters to which the notice relates, or the contravention, or likely contravention, mentioned in subsection (2)(c).

(4) A prohibition notice that prohibits the carrying on of an activity in a specified way may do so by specifying one or more of the following—

(a) a place, or part of a place, at which the activity is not to be carried out;

(b) any thing that is not to be used in connection with the activity;

(c) any procedure that is not to be followed in connection with the activity.

(5) A person to whom a prohibition notice is issued must comply with the notice.

(6) An offence against subsection (5) is an indictable offence.

Note to s. 17D(6) amended by No. 68/2009 s. 97(Sch. item 44.3).

(7) If an application for a review of a decision under this section has been made under Part IIA, an inspector must not give a certificate under subsection (1) in relation to the prohibition notice concerned until after the review ends.

S. 17E inserted by No. 31/2005 s. 12.

17E Directions or conditions in notices

A direction or condition included in an improvement notice or prohibition notice may—

(a) refer to a code of practice; and

(b) offer the person to whom it is issued a choice of ways in which to remedy the contravention, likely contravention, matters or activities concerned.

S. 17F inserted by No. 31/2005 s. 12.

17F Variation or cancellation of notices

A non-disturbance notice, improvement notice or prohibition notice issued by an inspector may only be varied or cancelled by the Authority.

The Authority may vary or cancel such a notice in the same way that an inspector may make the notice (see section 41A of the Interpretation of Legislation Act 1984).

S. 17G (Heading) amended by No. 36/2021 s. 22(1).

S. 17G inserted by No. 31/2005 s. 12.

17G Issue etc. of directions and notices

(1) A provisional direction, non-disturbance notice, improvement notice or prohibition notice may be given or issued to a person—

(a) by delivering it personally to the person, or by sending it by post or facsimile to the person's usual or last known place of residence or business; or

S. 17G(1)(ab) inserted by No. 49/2018 s. 24(1), amended by No. 36/2021 s. 22(2).

(ab) if the person to whom a notice is to be given or issued is not a body corporate, by sending it by electronic communication to the person at the person's usual or last known electronic address; or

S. 17G(1)(ac) inserted by No. 49/2018 s. 24(1).

(ac) if the person is an employer registered under section 434 of the Workplace Injury Rehabilitation and Compensation Act 2013, by sending it by post or electronic communication to the last address for service shown on a communication from the employer to the Authority; or

(b) by leaving it for the person at the person's usual or last known place of residence or business with a person who is apparently over 16 years and who apparently resides or works there; or

(c) by leaving it for the person at the place to which the direction or notice relates with a person who is apparently over 16 years and who apparently is the occupier for the time being of the place.

S. 17G(1AA) inserted by No. 36/2021 s. 22(3).

(1AA) In addition to subsection (1), if the person to whom a notice is to be given or issued is a body corporate, the notice may be given or issued by—

(a) delivering it personally to the head office, registered office or principal place of business of the body corporate; or

(b) sending it by post to the head office, registered office or principal place of business of the body corporate; or

(c) sending it by electronic communication to an employee, agent or officer of the body corporate.

S. 17G(1A) inserted by No. 49/2018 s. 24(2).

(1A) Subject to subsection (1B), this section is in addition to, and not in derogation from, the Interpretation of Legislation Act 1984, the Electronic Transactions (Victoria)
Act 2000 and sections 109X and 601CX of the Corporations Act.

S. 17G(1B) inserted by No. 49/2018 s. 24(2), amended by No. 36/2021 s. 22(4).

(1B) Section 8(1) and (2) of the Electronic Transactions (Victoria) Act 2000 do not apply to the giving or issue of a notice by electronic communication under this section.

(2) If the person with whom a provisional direction, non-disturbance notice, improvement notice or prohibition notice is left is not the occupier of the place to which the direction or notice relates, he or she must give a copy of the direction or notice to the occupier of the place as soon as possible.

1. 5 penalty units for a natural person;

25 penalty units for a body corporate.

(3) The occupier of a place to which a provisional direction, non-disturbance notice, improvement notice or prohibition notice relates must, as soon as possible after receiving the direction or notice—

(a) bring the notice to the attention of each person who is affected by the notice (unless the person is aware of the notice); and

(b) prominently display a copy of the notice at or near the place, or part of the place, that is affected by the notice.

1. 5 penalty units for a natural person;

25 penalty units for a body corporate.

S. 17H inserted by No. 31/2005 s. 12.

17H Formal irregularities or defects in notices

A provisional direction, non-disturbance notice, improvement notice or prohibition notice is not invalid merely because of—

(a) a formal defect or irregularity in the direction or notice, unless the defect or irregularity causes or is likely to cause substantial injustice; or

(b) a failure to use the correct name of the person to whom the direction is given, or the notice is issued, if the direction or notice sufficiently identifies the person and is issued to the person in accordance with section 17G.

S. 17I inserted by No. 31/2005 s. 12.

17I Proceedings for offences not affected by notices

The issue, variation or cancellation of a provisional direction, non‑disturbance notice, improvement notice or prohibition notice does not affect any proceedings for an offence against this Act in connection with any matter in respect of which the direction was given or the notice was issued.

S. 17J inserted by No. 31/2005 s. 12.

17J Injunctions for non-compliance with notices

(1) The Authority may apply to the Supreme Court for an injunction—

(a) to compel a person to comply with a provisional direction, non‑disturbance notice, improvement notice or prohibition notice; or

(b) to restrain a person from contravening such a direction or notice.

(2) The Authority may do so whether or not proceedings have been instituted for an offence against this Act in connection with any matter in respect of which the direction was given or the notice was issued.

S. 17K inserted by No. 31/2005 s. 12.

17K Inspector may issue direction concerning damaged or spilled dangerous goods

(1) This section applies if an inspector believes on reasonable grounds that danger to any person or property exists, or may arise, from any dangerous goods—

(a) that are damaged or spilled; or

(b) that are in a container that is damaged; or

(c) that are in a container that is dislodged from a vehicle, ship or boat.

(2) An inspector may issue a direction to the owner, or the person in possession or control, or who last had possession or control, of the dangerous goods or container—

(a) to render harmless the dangerous goods or container; or

(b) to dispose of, or remove, the spilled dangerous goods and render harmless anything contaminated by them—

by safe means within the period of time specified in the direction.

S. 17K(3) amended by No. 38/2019 s. 3.

(3) A person must not, without reasonable excuse, refuse or fail to comply with a direction issued under subsection (2).

Penalty: 500 penalty units for a natural person;

(4) If the inspector believes on reasonable grounds that there is an immediate danger to any person or property, the inspector may take any action that he or she considers necessary for—

(a) the destruction, rendering harmless, disposal or removal of the dangerous goods or container; or

(b) the destruction or rendering harmless of anything contaminated by the spilled dangerous goods.

(5) The inspector may also take any action described in subsection (4) if—

(a) the inspector has issued a direction under subsection (2) in relation to the dangerous goods or container, or any thing contaminated by the dangerous goods, and he or she believes on reasonable grounds that the person to whom the direction was issued—

(i) has failed to comply with the direction; or

(ii) is likely to use unsafe means to render harmless, dispose of or remove the dangerous goods, container or thing—

within the period of time specified in the direction; or

(b) the inspector believes on reasonable grounds that a direction under subsection (2)—

(i) cannot be served on the owner or any other person to whom the direction may be issued; or

(ii) cannot be served on the owner or such a person without a delay which may increase the danger to any person or property that exists or that may arise from the dangerous goods, container or thing; or

(c) the owner of the dangerous goods, container or thing authorises the inspector in writing to destroy, render harmless, dispose of or remove the dangerous goods, container or thing.

(6) If an inspector takes any action under subsection (4) or (5), the Authority may recover the costs of that action—

(a) if the dangerous goods, container or thing was or were present at a place other than a vehicle, ship or boat—from any occupier of the place; or

(b) if the dangerous goods, container or thing was or were present on a vehicle, ship or boat—from the owner of the vehicle, ship or boat.

Pt 2 Div. 9 (Heading) inserted by No. 31/2005 s. 12.

Division 9—Other powers

S. 18 amended by No. 13/1996 s. 22(f), substituted by No. 31/2005 s. 12.

18 Power to require name and address

(1) An inspector may ask a person to state his or her name and address if the inspector reasonably believes that the person—

(a) may be able to assist in the investigation of an indictable offence under this Act that has been committed or is suspected of having been committed; or

(b) has committed or is about to commit an offence (whether indictable or summary) under this Act.

(2) The inspector must inform the person of the grounds for his or her belief in sufficient detail to allow the person to understand the nature of the offence or suspected offence.

(3) A person who, in response to being asked to state his or her name and address in accordance with this section—

(a) refuses or fails to do so; or

(b) states a name that is false in a material detail; or

(c) states an address other than the full and correct address of his or her ordinary place of residence or business—

is guilty of an offence and is liable to a fine not exceeding 5 penalty units.

(4) A person who is asked to state his or her name and address may ask the inspector to produce his or her identity card for inspection.

S. 18A inserted by No. 31/2005 s. 12.

18A Power to give directions

(1) An inspector may give a direction (either orally or in writing) to a person at a place if the inspector reasonably believes that it is necessary to do so because of an immediate risk to the safety of any person or of damage to any property arising out of the presence of dangerous goods or any related thing.

(2) A person must not, without reasonable excuse, refuse or fail to comply with a direction given to the person under subsection (1).

(3) An offence against subsection (2) is an indictable offence.

Note to s. 18A(3) amended by No. 68/2009 s. 97(Sch. item 44.4).

S. 18B inserted by No. 31/2005 s. 12.

18B Powers extend to HCDG and explosives

Without limiting an inspector's powers in relation to dangerous goods generally, an inspector's powers under this Part extend and apply to, and in relation to, the import, export and disposal of high consequence dangerous goods and the export of explosives.

Pt 2 Div. 10 (Heading) inserted by No. 31/2005 s. 12.

Division 10—Other matters

S. 19 substituted by No. 31/2005 s. 12.

19 People who must assist inspector

The following persons must not, without reasonable excuse, refuse or fail to provide such assistance as an inspector may reasonably require for the performance of his or her functions, or the exercise of his or her powers, under this Act—

(a) in relation to a building or land, an occupier or apparent occupier of the building or land;

(b) in relation to any other place, the person who has the management or control of the place for the time being.

S. 19A inserted by No. 31/2005 s. 12.

19A Other assistance in exercising powers

(1) For the purpose of exercising a power under this Act, an inspector may seek the assistance of any person.

(2) If the power being exercised involves entry to a place, the person assisting must be allowed access to the place by the occupier, apparent occupier or other person who has the management or control of the place for the time being.

(3) If an inspector uses the assistance of an interpreter—

(a) any enquiry or request made by the interpreter on the inspector's behalf is taken to have been made by the inspector; and

(b) any answer given to the interpreter is taken to have been given to the inspector.

S. 19A(4) amended by No. 37/2014 s. 10(Sch. item 44.2).

(4) Any police officer or officer or member of a fire authority may, if requested to do so by an inspector, assist the inspector in the execution of any of the inspector's powers or functions.

S. 19B inserted by No. 31/2005 s. 12.

19B Inspector may take affidavits

An inspector is authorised to take affidavits for any purpose relating or incidental to the performance of his or her functions, or the exercise of his or her powers, under this Act.

S. 19C inserted by No. 31/2005 s. 12.

19C Inspector may copy documents

An inspector may make copies of, or take extracts from, a document or part of a document given to the inspector in accordance with a requirement under this Act.

Pt 2 Div. 11 (Heading and ss 19D, 19E) inserted by No. 31/2005 s. 12.

Division 11—Offences

S. 19D inserted by No. 31/2005 s. 12.

19D Offences in relation to inspections

(1) A person must not—

(a) intentionally hinder or obstruct an inspector in the performance of his or her functions, or in the exercise of his or her powers, under this Act, or induce or attempt to induce any other person to do so; or

(b) intentionally conceal from an inspector the location or existence of any other person or any equipment, substance or other thing; or

(c) intentionally prevent, or attempt to prevent, any other person from assisting an inspector.

(2) A person must not assault, directly or indirectly intimidate or threaten, or attempt to assault, intimidate or threaten, an inspector, or a person assisting an inspector.

1. Imprisonment for 2 years, or 240 penalty units, or both, for a natural person;

(3) A reference in subsection (1) or (2) to an inspector is to be read as including a reference to a person acting under an instrument of delegation under section 10B.

S. 19E inserted by No. 31/2005 s. 12.

19E Offence to impersonate inspector

A person who is not an inspector must not, in any way, hold himself or herself out to be an inspector.

1. 60 penalty units.

Pt 2 Div. 12 (Heading and ss 19F, 19G) inserted by No. 31/2005 s. 12.

Pt 2 Div. 12 (Heading) substituted by No. 69/2009 s. 54(Sch. Pt 1 item 15.2).

Division 12—Protections concerning self‑incrimination, legal professional privilege and client legal privilege

S. 19F inserted by No. 31/2005 s. 12.

19F Protection against self-incrimination

(1) A natural person may refuse or fail to give information or do any other thing that the person is required to do by or under this Act if giving the information, or doing the other thing, would tend to incriminate the person.

(2) However, subsection (1) does not apply—

(a) to the production of a document or part of a document that the person is required by this Act to produce; or

(b) to the giving of a person's name or address in accordance with section 18.

S. 19G (Heading) amended by No. 69/2009 s. 54(Sch. Pt 1 item 15.3).

S. 19G inserted by No. 31/2005 s. 12.

19G Legal professional privilege and client legal privilege not affected

Nothing in this Act—

S. 19G(a) amended by No. 69/2009 s. 54(Sch. Pt 1 item 15.4).

(a) entitles or requires a person to disclose information that is the subject of legal professional privilege or client legal privilege; or

S. 19G(b) amended by No. 69/2009 s. 54(Sch. Pt 1 item 15.4).

(b) affects the law or practice relating to legal professional privilege or client legal privilege.

Pt 2A (Heading) inserted by No. 31/2005 s. 12.

Part IIA—Review of decisions

S. 20 amended by Nos 48/1989 s. 10(1), 13/1996 s. 23(b), substituted by No. 31/2005 s. 12.

20 Which decisions are reviewable

(1) The following table sets out—

(a) decisions made under this Act that are reviewable in accordance with this Part (reviewable decisions); and

(b) who is eligible to apply for a review of a reviewable decision (the eligible person in relation to the reviewable decision).

S. 20(1A) inserted by No. 66/2008 s. 11.

(1A) In addition, regulations made under this Act may specify that a decision made by the Authority under a prescribed provision of those regulations is a reviewable decision and specify who is an eligible person in relation to the decision.

(2) To avoid doubt, sections 4 and 5 of the Victorian Civil and Administrative Tribunal Act 1998 apply for the purposes of this Act.

Under section 4 of that Act, a person makes a decision if the person refuses to make a decision or an instrument, imposes a condition or restriction or does or refuses to do any other act or thing. Section 5 of that Act sets out when a person's interests are affected by a decision.

S. 20A inserted by No. 31/2005 s. 12.

20A Internal review

(1) An eligible person in relation to a reviewable decision, other than a decision made by the Authority, may apply to the Authority for a review of the decision within—

(a) 14 days after the day on which the decision first came to the eligible person's notice; or

(b) such longer period as the Authority allows.

(2) The application must be in the form approved (in writing) by the Authority.

(3) If an application is made to the Authority in accordance with this section, the Authority must make a decision—

(a) to affirm or vary the reviewable decision; or

(b) to set aside the reviewable decision and to substitute another decision that the Authority considers appropriate.

(4) The Authority must give a written notice to the applicant setting out—

(a) the Authority's decision under subsection (3) and the reasons for the decision; and

(b) the findings on material questions of fact that led to the decision, referring to the evidence or other material on which those findings were based—

and must do so within 14 days after the application is made or, if the reviewable decision was made under section 17C(3)(a) or 17D(1), within 7 days after the application is made.

(5) If the Authority has not notified an applicant of a decision in accordance with subsection (4), the Authority is taken to have made a decision to affirm the reviewable decision.

(6) The making of an application under this section does not affect the operation of the reviewable decision or prevent the taking of any action to implement it unless the Authority, on its own initiative or on the application of the applicant for review, stays the operation of the decision pending the determination of the review.

(7) The Authority must make a decision on an application for a stay within 24 hours after the making of that application.

(8) If the Authority has not made a decision in accordance with subsection (7), the Authority is taken to have made a decision to grant a stay.

(9) The Authority may attach any conditions to a stay of the operation of a reviewable decision that it considers appropriate.

S. 20B inserted by No. 31/2005 s. 12.

20B Review by the Tribunal

(1) A person may apply to the Tribunal for a review of—

(a) a reviewable decision made by the Authority; or

(b) a decision made, or taken to have been made, by the Authority under section 20A in respect of a reviewable decision (including a decision concerning a stay of the operation of the reviewable decision)—

if the person is an eligible person in relation to the reviewable decision.

S. 20B(1A) inserted by No. 66/2008 s. 12(1).

(1A) However, a person may only apply to the Tribunal for a review of a reviewable decision made by the Authority under the regulations if—

(a) the person is an eligible person in relation to the reviewable decision; and

(b) a review has been conducted in the prescribed manner by the Authority as a result of which—

(i) the reviewable decision has been confirmed; or

(ii) an earlier decision has been set aside and the reviewable decision has been made in place of the earlier decision.

(2) The application must be made—

(a) if the decision is to forfeit a thing (including a document) seized under Part II, within 28 days after the day on which the decision first came to the applicant's notice; or

S. 20B(2)(ab) inserted by No. 66/2008 s. 12(2).

(ab) if the decision is made under the regulations, within 14 days after the person received notice of the confirmation of the decision or the new decision, as the case may be; or

(b) in the case of any other decision, within 14 days after the day on which the decision first came to the applicant's notice; or

(c) if the Authority is required by the Victorian Civil and Administrative Tribunal Act 1998 to give the applicant a statement of reasons, within 14 days after the day on which the applicant is given the statement—

whichever period ends last.

Part III—Licences

21 Licences

S. 21(1) amended by No. 13/1996 s. 22(g).

(1) Where a person is required by the regulations to hold a licence, the Authority may issue a licence to that person.

S. 21(2) amended by No. 66/2008 s. 13.

(2) A person who does not hold a licence and who carries out any action (other than an action to which section 21AA(9) refers) in respect of which a licence is required by the regulations to be held by that person is guilty of an offence.

S. 21(3) amended by No. 13/1996 s. 22(g).

(3) Where the regulations require the occupier of premises containing a prescribed quantity or class of dangerous goods to hold a licence, the Authority may require the applicant for such a licence—

S. 21(3)(a) amended by No. 13/1996 s. 22(g).

(a) to carry out such investigations, including hazard analysis studies and risk evaluation studies, as the Authority thinks fit;

S. 21(3)(b) amended by No. 13/1996 s. 22(g).

(b) to carry out any such studies to a standard acceptable to the Authority and in such detail as the Authority may direct; and

S. 21(3)(c) amended by No. 13/1996 s. 22(g).

(c) where the Authority is not satisfied with the standard, content or detail of any such studies carried out by the applicant, to bear the costs of further investigations to be carried out by consultants appointed by the Authority.

S. 21(4) amended by No. 13/1996 s. 22(g).

(4) Subject to subsection (5), a licence shall, unless previously suspended or revoked, remain in force for the prescribed period and may be renewed by the Authority for a prescribed period on receipt by the Authority of a written application for renewal from the licensee.

S. 21(5) amended by No. 13/1996 s. 22(g).

(5) Where on application by a licensee another licence of the same class as that which the licensee already holds is issued to that licensee and—

(a) the applicant requests; or

S. 21(5)(b) amended by No. 13/1996 s. 22(g).

(b) the Authority determines—

that the other licence be issued for a period expiring on the date on which the licence or licences already held expires or expire, then that other licence, unless previously suspended or revoked, shall remain in force for such period as the Authority thinks fit.

S. 21(5A) inserted by No. 48/1989 s. 11, amended by No. 13/1996 s. 22(g).

(5A) The Authority must decide an application for issue or renewal of a licence within a reasonable period.

S. 21(6) amended by No. 13/1996 s. 22(g).

(6) The Authority may refuse to issue a licence or to renew a licence—

S. 21(6)(a) amended by No. 13/1996 s. 22(g).

(a) where the Authority believes that the risk of injury or damage to persons or property which may be incurred by an accident involving dangerous goods is too great in the circumstances to justify the issue or renewal; or

S. 21(6)(b) amended by No. 13/1996 s. 22(g).

(b) where the Authority considers that the applicant is not a suitable person to hold the licence.

S. 21(7) amended by No. 13/1996 s. 22(g).

(7) Where the Authority decides to refuse to issue or renew a licence, the Authority shall send by post to the applicant written notice of the refusal setting out the reasons for the refusal.

S. 21(8) amended by No. 13/1996 s. 22(g).

(8) A notice under subsection (7) shall be sent no less than two months before the expiry date of the licence unless the application for renewal is received by the Authority less than two months before the expiry date of the licence.

S. 21AA inserted by No. 66/2008 s. 14.

21AA Failure to hold licence and other offences relating to the transport of dangerous goods

(1) This section does not apply in relation to a HCDG licence or an explosives licence.

(2) A prime contractor must not use a vehicle to transport dangerous goods (other than as the driver of the vehicle) if—

1. If the failure results in death or serious injury to a person—

(a) in the case of an individual, 500 penalty units or imprisonment for 2 years; or

(c) in the case of an individual, 500 penalty units; or

(d) in the case of a body corporate, 2500 penalty units.

(3) For the purposes of subsection (2), prime contractor, in respect of the transport of dangerous goods by road, means the person who, in conducting a business for or involving the transport of dangerous goods by road, has undertaken to be responsible for, or is responsible for, the transport of the goods by road.

(4) An offence against subsection (2) is an indictable offence.

Note to s. 21AA(4) amended by No. 68/2009 s. 97(Sch. item 44.5).

(5) A person must not consign dangerous goods for transport by road on a vehicle if the person knows, or reasonably ought to know that—

1. In the case of a natural person, 100 penalty units;

In the case of a body corporate, 500 penalty units.

(6) A person must not employ, engage or permit another person to drive a vehicle transporting dangerous goods if the other person is required by the regulations to be licensed to drive the vehicle and is not so licensed.

1. If the failure results in death or serious injury to a person—

(a) in the case of an individual, 500 penalty units or imprisonment for 2 years; or

(c) in the case of an individual, 500 penalty units; or

(d) in the case of a body corporate, 2500 penalty units.

(7) An offence against subsection (6) is an indictable offence.

Note to s. 21AA(7) amended by No. 68/2009 s. 97(Sch. item 44.6).

(8) A person must not drive a vehicle transporting dangerous goods if—

(9) A person must not drive a vehicle transporting dangerous goods if—

(a) the regulations require the person to be licensed to drive the vehicle; and

(b) the person is not licensed under the regulations.

S. 21A inserted by No. 67/2004 s. 7.

21A Special provisions for HCDG and explosives licences

(1) If the regulations require a person to hold a licence to manufacture, transport or store explosives or high consequence dangerous goods, the Authority may require—

(a) the applicant to provide a security plan for the activities to be covered by the licence;

(b) the licensee, at any time during the currency of the licence, to provide a security plan for the activities covered by the licence.

(2) The security plan must—

(a) be based on a risk assessment of those activities; and

(b) contain the prescribed particulars.

(3) The Authority must not issue a licence to import, export, manufacture, store, sell, supply, use, handle, transfer, transport or dispose of high consequence dangerous goods unless the Authority is of the opinion that—

(a) the applicant for the licence, if a natural person—

(i) is of the age required by the Authority for the licence applied for; and

(ii) has provided specified proof of identity; and

(iii) has provided consent and sufficient information for the Authority to obtain known information concerning the person to determine whether the person has satisfied the requirements prescribed by the regulations to hold an HCDG licence; and

(b) the applicant for the licence, if a body corporate—

(i) has provided details of the incorporation of the body; and

(ii) has provided specified proof of identity of such of the directors and persons concerned in the management of the body corporate that are required by the Authority; and

(iii) such of the directors and the persons concerned in the management of the body corporate that are required by the Authority have provided their consent and sufficient information for the Authority to obtain known information concerning the director or person to determine whether they have satisfied the requirements prescribed by the regulations to be a director or person concerned in the management of a body corporate that holds an HCDG licence; and

(c) the applicant for the licence has provided the consent and sufficient information from any person who is to be responsible for the security of the goods under the HCDG licence for the Authority to obtain known information concerning the person to determine whether the person has satisfied the requirements prescribed by the regulations to be responsible for the security of the goods under the HCDG licence; and

(d) the applicant for the licence has demonstrated a need for access to the high consequence dangerous goods that is declared by Order in Council under section 9B(1B) to be a lawful need in relation to those goods; and

(e) the applicant for the licence has satisfied any other requirements prescribed by the regulations.

(4) The Authority must not issue a licence to import, export, manufacture, store, sell, use, transport, handle or transfer explosives unless the Authority is of the opinion that the requirements of subsection (3)(a), (b), (c), and (e) with necessary modifications to apply in relation to an explosives licence are satisfied.

(5) Nothing in this section limits any other powers of the Authority under this Act in relation to the issue of licences for dangerous goods or the powers to make regulations for or with respect to the issue of licences for dangerous goods.

(6) In this section—

S. 21A(6) def. of known information amended by No. 37/2014 s. 10(Sch. item 44.3).

known information means any records concerning a person kept by or on behalf of—

(a) the Chief Commissioner of Police appointed under the Victoria Police Act 2013; or

(b) any person holding a position equivalent to that of the Chief Commissioner of Police in the Commonwealth or in a State or Territory of the Commonwealth or any other country; or

(c) any other prescribed person or body.

specified proof of identity, in relation to a person or director, means proof of the identity of the person or director in the same manner and to the same extent as is required for an identification reference under the Financial Transactions Reports Act 1988 of the Commonwealth.

22 Review of decision of Authority

S. 22(1) amended by No. 13/1996 s. 22(h), substituted by No. 52/1998 s. 311(Sch. 1 item 20.6).

(1) A person whose interests are affected by a decision of the Authority refusing to issue or renew a licence may apply to the Tribunal for review of the decision.

S. 22(2) amended by Nos 13/1996 s. 22(h), 52/1998 s. 311(Sch. 1 item 20.7).

(2) An application under subsection (1) for review of a decision of the Authority may be made to the Tribunal at any time within the period of one month after the receipt of a notice of refusal under section 21(7).

S. 22(3) inserted by No. 66/2008 s. 15.

(3) This section does not apply in relation to a decision of the Authority under the regulations which is prescribed by the regulations to be a reviewable decision.

23 Conditions etc. in licences

S. 23(1) amended by No. 13/1996 s. 22(i).

(1) The Authority on issuing any licence shall insert in it such conditions, limitations and restrictions as are prescribed and may insert in it such other conditions, limitations and restrictions as the Authority thinks appropriate to ensure the safety of persons and property or to ensure compliance with this Act.

S. 23(2) amended by No. 13/1996 s. 22(i).

(2) A person who contravenes or fails to comply with a condition, limitation or restriction inserted in a licence by the Authority pursuant to subsection (1) is guilty of an offence.

S. 23(3) amended by No. 13/1996 s. 22(i), substituted by No. 52/1998
s. 311(Sch. 1 item 20.8).

(3) A person whose interests are affected by a decision of the Authority inserting in a licence a condition, limitation or restriction (other than a prescribed condition, limitation or restriction) may apply to the Tribunal for review of the decision.

S. 23(4) amended by Nos 48/1989 s. 17, 13/1996 s. 22(i), 52/1998 s. 311(Sch. 1 item 20.9).

(4) An application for review of a decision of the Authority may be made to the Tribunal at any time within the period of 14 days of receiving the licence.

S. 23(5) inserted by No. 66/2008 s. 16.

(5) Subsections (3) and (4) do not apply in relation to a decision of the Authority under the regulations which is prescribed by the regulations to be a reviewable decision.

24 Authority may amend, suspend or revoke licences

S. 24(1) amended by No. 13/1996 s. 22(j).

(1) The Authority may amend, suspend or revoke any licence.

S. 24(1A) inserted by No. 66/2008 s. 17.

(1A) Without limiting the power of the Authority under subsection (1), the regulations may prescribe grounds on which the Authority may, or must, amend, suspend or revoke a licence.

S. 24(2) amended by No. 13/1996 s. 22(j).

(2) Where a document evidencing a licence has been issued by the Authority and that licence is amended, suspended or revoked, the licensee shall surrender the document to an inspector on demand.

(3) A licence shall not be suspended for longer than six months.

S. 24(4) amended by No. 13/1996 s. 22(j).

(4) Where the Authority decides to amend, suspend or revoke a licence, the licence shall not be amended, suspended or revoked unless and until the licensee receives one month's written notice of that decision setting out the reasons for it, except where in the opinion of the Authority there exists a significant danger to persons or property in which case the amendment, suspension or revocation of the licence shall take effect immediately.

S. 24(5) inserted by No. 67/2004 s. 8.

(5) If—

(a) an HCDG licence has been issued on the basis of demonstrating a lawful need for access to high consequence dangerous goods that has been declared by Order in Council under section 9B(1B); and

(b) after the issue of the licence, an Order in Council is made revoking that lawful need—

the Authority must revoke the licence or the part of the licence that relates to that lawful need within 3 months after the notice of the Order in Council is published in the Government Gazette.

S. 24(6) inserted by No. 67/2004 s. 8.

(6) Without limiting any of the powers of the Authority to amend, suspend or revoke any licence on any ground or for any reason, the Authority may amend, suspend or revoke an HCDG licence if the person who holds the licence has been found guilty of an offence against this Act or the Terrorism (Community Protection) Act 2003.

25 Review of licence revocations etc.

S. 25(1) amended by No. 13/1996 s. 22(k), substituted by No. 52/1998 s. 311(Sch. 1 item 20.10).

(1) A person whose interests are affected by a decision of the Authority amending, suspending or revoking a licence may apply to the Tribunal for review of the decision.

S. 25(2) amended by Nos 13/1996 s. 22(k), 52/1998 s. 311(Sch. 1 item 20.11).

(2) An application under subsection (1) for review of a decision of the Authority may be made to the Tribunal at any time within the period of one month after the receipt of a notice under section 24(4).

S. 25(3) inserted by No. 66/2008 s. 18.

(3) This section does not apply in relation to a decision of the Authority under the regulations which is prescribed by the regulations to be a reviewable decision.

S. 26 amended by Nos 13/1996 s. 22(l), 67/2004 s. 9.

26 Transfer of licences

A licensee may, subject to the regulations on payment of the prescribed fee and with the consent of the Authority, transfer the licence to any other person and that person shall then become the licensee.

Part IV—Information on dangerous goods at licensed premises

27 Certain persons to provide information concerning dangerous goods

S. 27(1) amended by Nos 82/1995 s. 192(1), 13/1996 s. 22(m).

(1) A licensee, as soon as is practicable after the issue of the licence and at three-monthly intervals thereafter, or an occupier of premises of a prescribed class, at three-monthly intervals after a prescribed date, shall send by post to the Authority the following information in relation to all dangerous goods then present at the licensed premises (not being a vehicle, ship or boat) or at the prescribed class of premises—

(a) the technical names, chemical names and trade names (if any) of the dangerous goods;

(b) the quantity of each of the dangerous goods;

(c) details of the type and capacity of each container in which the dangerous goods are kept and the extent to which each container is filled with dangerous goods; and

(d) any other prescribed matter relating to the dangerous goods.

(2) Subsection (1) shall not apply—

(a) to holders of classes of licences;

(b) to dangerous goods; or

(c) to quantities of dangerous goods—

which are prescribed as exempt for the purposes of that subsection.

S. 27(3) repealed by No. 78/1995 s. 9(a).

S. 27(4) amended by No. 13/1996 s. 22(m).

(4) A person who, except for the purposes of this Act or otherwise in connexion with the performance of the person's duties under this Act discloses to any person all or any part of the information sent to the Authority under subsection (1) is guilty of an offence.

28 Authority to send the information to relevant fire authority

S. 28(1) amended by Nos 13/1996 s. 22(n), 20/2019 s. 161.

(1) On receipt by the Authority of the information referred to in section 27(1), the Authority shall send a copy of that information to the Fire Rescue Commissioner of Fire Rescue Victoria or the Chief Officer of all urban and rural brigades subject to the Country Fire Authority Act 1958, whichever is appropriate.

(2) Section 27(4) does not prevent an officer or member of a fire authority from disclosing exempt information to another officer or member of a fire authority.

(3) For the purposes of subsection (2) exempt information means any information which is disclosed by an officer or member of a fire authority to another person for the purpose of preventing injury or damage to persons or property from a fire, explosion, leakage or spillage of dangerous goods—

(a) which has occurred; or

(b) which, in the reasonable opinion of the officer or member, may occur—

on or at the premises to which the information relates.

S. 29 amended by Nos 82/1995 s. 192(1), 13/1996 s. 22(o).

29 Authority to send municipality details of dangerous goods for which a licence is issued

On the issue of a licence the Authority shall send to the council of the municipality in which the licensed premises (not being a vehicle, ship or boat) are situated a statement—

(a) of the classification of the dangerous goods to which the licence relates; and

(b) of the quantity of each class of dangerous goods referred to in paragraph (a) authorized by the licence to be present at the licensed premises.

30 Manifests

(1) The occupier of licensed premises or an occupier of premises of a prescribed class shall maintain at the licensed or prescribed class of premises a manifest in such form and in such locations as may be prescribed.

S. 30(2) amended by No. 78/1995 s. 9(c).

(2) A person who keeps a manifest which is false or misleading in any particular is guilty of an offence.

Part V—Accidents and security

31 Persons required to take precautions

S. 31(1) amended by Nos 66/2008 s. 19(2), 38/2019 s. 4(1).

(1) An occupier or person in charge of premises where dangerous goods are manufactured, stored or sold, an owner or person in charge of a vehicle or boat used to transport dangerous goods and a person who uses, handles or transfers dangerous goods—

S. 31(1)(a) amended by No. 66/2008 s. 19(1).

(a) must take all reasonable precautions for the prevention of—

(i) tampering, theft or unauthorized access;

(ii) any fire or explosion;

(iii) any leakage; or

(iv) any damage to property or danger to the public incurred by an accident—

involving dangerous goods in the ownership, control or possession of that person; and

S. 31(1)(b) amended by No. 66/2008 s. 19(1).

(b) must not abandon, discard or otherwise neglect to dispose safely of any dangerous goods in the ownership, control or possession of that person.

S. 31(2) amended by Nos 66/2008 s. 19(3)(4), 38/2019 s. 4(2).

(2) A person must not without lawful authority or excuse (the burden of proving which is on that person) do anything in or near any licensed premises which causes or is likely to cause an accident involving dangerous goods.

S. 31(3) amended by No. 37/2014 s. 10(Sch. item 44.4).

(3) Any person found offending against subsection (2) may be removed from the licensed premises or from the vicinity of the licensed premises by an inspector or by a police officer or by a licensee or by the owner or occupier of the licensed premises and shall not resist such removal.

S. 31(4) amended by Nos 66/2008 s. 19(5)(6), 38/2019 s. 4(3).

(4) A person who carries out any work involving the installation, alteration, repair, maintenance or testing of equipment, piping, fittings or appliances which are not prescribed as exempt for the purposes of this subsection must take all reasonable precautions to ensure that the equipment, piping, fittings or appliances—

(a) are safe for use; and

(b) will not cause or contribute to a fire, explosion, leakage or spillage involving dangerous goods.

S. 31(5) repealed by No. 78/1995 s. 9(a), new s. 31(5) inserted by No. 66/2008 s. 19(7).

(5) An offence against subsection (1), (2) or (4) is an indictable offence.

Note to s. 31(5) amended by No. 68/2009 s. 97(Sch. item 44.7).

S. 31A inserted by No. 66/2008 s. 20.

31A Goods too dangerous to be transported

S. 31A(1) amended by No. 38/2019 s. 5(1).

(1) A person must not consign goods for transport if the goods are classified by the regulations as goods too dangerous to be transported.

S. 31A(2) amended by No. 38/2019 s. 5(2).

(2) A person must not arrange for the transportation of goods on a vehicle owned or controlled by the person if the goods are classified by the regulations as goods too dangerous to be transported.

(3) An offence against subsection (1) or (2) is an indictable offence.

Note to s. 31A(3) amended by No. 68/2009 s. 97(Sch. item 44.8).

(4) For the purposes of subsection (1), the person who consigns goods for transport is—

(a) the person named or otherwise identified in transport documentation, with the person's authority, as the consignor of the goods; or

(b) if no person is so named or identified, the person to whom subsection (5) or (6) applies.

(5) This subsection applies to—

(a) the person who engages a prime contractor or rail operator, either directly or through an agent or other intermediary, to transport the goods; or

(b) if paragraph (a) does not apply to anyone, the person who has possession of, or control over, the goods immediately before the goods are transported; or

(c) if neither paragraph (a) nor (b) applies to anyone, the person who loads a vehicle with the goods, for transport, at a place—

(i) where the dangerous goods are awaiting collection; and

(ii) that is unattended (except by the driver) during loading.

(6) If subsection (5) does not apply to anyone, this subsection applies to the person who imports the goods into Australia.

S. 31B inserted by No. 66/2008 s. 20.

31B Dangerous goods must be transported in safe manner

S. 31B(1) amended by No. 38/2019 s. 6.

(1) A person involved in the transport of dangerous goods (other than HCDG which do not have a UN number or explosives) by road or rail must, as far as is practicable, ensure that the dangerous goods are transported in a safe manner.

(2) An offence against subsection (1) is an indictable offence.

Note to s. 31B(2) amended by No. 68/2009 s. 97(Sch. item 44.9).

S. 31C inserted by No. 66/2008 s. 20.

31C Aggravated offence

S. 31C(1) amended by No. 38/2019 s. 7.

(1) A person must not fail to comply with a relevant provision of this Act in circumstances in which, immediately before or during the failure to comply with the provision, the person knew, or ought reasonably to have known, that the failure would, or would be likely to, endanger the safety or health of another person, property or the environment.

Penalty: In the case of a natural person, 1800 penalty units or imprisonment for 5 years;

In the case of a body corporate, 20 000 penalty units.

(2) For the purposes of subsection (1), relevant provision means—

(a) section 31, 31A or 31B; or

(b) a provision of the regulations which is prescribed for the purposes of this section.

(3) An offence against subsection (1) is an indictable offence.

Note to s. 31C(3) amended by No. 68/2009 s. 97(Sch. item 44.10).

S. 31D inserted by No. 38/2019 s. 8.

31D Conduct in respect of dangerous goods that endangers persons

(1) A person must not, without lawful excuse, recklessly engage in the manufacture, storage, transport, transfer, sale or use of dangerous goods that places, or may place, a person in danger of death.

Penalty: In the case of a natural person, 3800 penalty units or imprisonment for 10 years;

In the case of a body corporate, 40 000 penalty units.

(2) An offence against subsection (1) is an indictable offence.

32 Accidents to be reported

S. 32(1) amended by Nos 48/1989 s. 12, 82/1995 s. 192(2)(e).

(1) A licensee or a prescribed person or master of a ship shall without delay report—

(a) to the nearest fire authority; or

(b) to a police station—

any fire, explosion, spillage, leakage or escape involving dangerous goods in the ownership, possession or control of that licensee or person or master of a ship.

(2) This section does not apply to an accident involving—

(a) prescribed dangerous goods; or

(b) prescribed quantities of dangerous goods.

S. 32(3) amended by No. 82/1995 s. 192(1)(2)(f).

(3) The occupier of premises where a fire or explosion involving dangerous goods has occurred or the owner or master or person in charge of a vehicle, ship or boat on or in which a fire or explosion involving dangerous goods has occurred shall take all reasonable action to ensure that no person shall disturb, move or remove any wreckage or debris resulting from the explosion or fire except with the permission and in accordance with any directions of an inspector.

(4) Nothing in subsection (3) shall prohibit a person from disturbing, moving or removing any wreckage or debris—

(a) to rescue an injured person;

(b) to recover the body of a person;

(c) to extinguish the fire; or

(d) to take any reasonable precautions to prevent injury or damage to persons or property in the vicinity of the explosion or fire.

S. 32(5) repealed by No. 78/1995 s. 9(a).

33 Reconstruction work

S. 33(1) amended by Nos 82/1995 s. 192(2)(g), 13/1996 s. 22(p).

(1) Where a fire, explosion, spillage, leakage or escape required to be reported under section 32 has occurred the licensee or the prescribed person under that section shall obtain the approval of the Authority before commencing reconstruction work or repairs on or to the premises or vehicle where it occurred.

S. 33(2) amended by Nos 82/1995 s. 192(2)(g), 13/1996 s. 22(p).

(2) The licensee or person referred to in subsection (1) shall not allow any further supply of dangerous goods in or at the premises or vehicle, unless the Authority consents.

S. 33(3) repealed by No. 78/1995 s. 9(a).

S. 33A inserted by No. 31/2005 s. 13.

33A Power of Authority where premises or magazine especially dangerous

(1) The Authority may require a licensee to stop the use of, or to use under conditions specified by the Authority, any premises or magazine that the Authority considers to be especially dangerous.

S. 33A(2) substituted by No. 38/2019 s. 9(1).

(2) A licensee must not contravene a requirement of the Authority under subsection (1).

Penalty: 500 penalty units for a natural person;

Note to s. 33A repealed by No. 38/2019 s. 9(2).

S. 33B inserted by No. 31/2005 s. 13.

33B Approval of equipment etc. for sale

A person who sells prescribed equipment or appliances or any other prescribed items used or intended to be used for or in connection with dangerous goods is guilty of an offence unless the Authority has approved the equipment, appliances or items for that purpose.

This section re-enacts section 15 of the Act as it was before the commencement of section 9 of the Dangerous Goods and Equipment (Public Safety) Acts (Amendment) Act 2005.

Part VI—Miscellaneous provisions relating to explosives and liquefied gases

34 Governor in Council may appoint public magazines

The Governor in Council—

(a) may appoint public magazines for the storage of explosives; and

S. 34(b) amended by Nos 46/1998 s. 7(Sch. 1), 108/2004 s. 117(1) (Sch. 3 item 53.2).

(b) subject to the Public Administration Act 2004, may appoint a keeper for any public magazine.

S. 35 repealed by No. 82/1995 s. 192(2)(h).

36 Trespassers etc. in relation to explosives

(1) A person who without lawful authority or excuse (the burden of proving which is on that person)—

(a) is found in or on any boat, ship or vehicle carrying explosives;

(b) is found in or on or in the vicinity of any magazine or premises where explosives are kept or stored;

(c) breaks into or interferes with any container used for keeping or storing explosives; or

(d) removes any explosives from any such boat, ship, vehicle, magazine, premises or container—

(2) A person found contravening subsection (1) may be removed from the boat, ship, vehicle, magazine or premises or from the vicinity of the container—

S. 36(2)(a) amended by No. 37/2014 s. 10(Sch. item 44.4).

(a) by a police officer;

(b) by the person for the time being in charge or the keeper or occupier of the magazine or premises; or

(c) by the person for the time being in charge of the boat, ship or vehicle.

37 Offences in relation to explosives

(1) A person who negligently or carelessly—

(a) prepares for use;

(b) explodes; or

(c) causes to be exploded—

any explosives so as to endanger the life of a person or the safety of any property is guilty of an offence.

(2) A consignor, consignee or other person who by wilful act, neglect or default or by improper refusal to accept delivery of any explosive from any person authorized to transport explosives by a licence causes a person to contravene this Act is guilty of an offence.

(3) A person who delivers explosives to a vehicle or boat knowing that the transport of the explosives in the vehicle or boat would be in contravention of this Act is guilty of an offence.

S. 37(4) amended by Nos 6/1987 s. 5(1)(Sch. item 3(b)), 92/1990 s. 128(Sch. 1 item 5.2), 67/1995 s. 58(Sch. 1 item 6.2), 63/2006 s. 61(Sch. item 8), 6/2009 s. 49(4).

(4) A person, not being the keeper of a public or licensed private magazine or the holder of a licence under this Act or the holder of a licence or an extractive industry work authority under the Mineral Resources (Sustainable Development) Act 1990, who possesses or has on any premises of which that person is the occupier any gunpowder, blasting compounds, detonators or detonating fuse which that person has not purchased in accordance with this Act or which that person has kept without lawful occasion to use them or in a quantity greater than reasonably necessary for such use is guilty of an offence.

S. 37(5) amended by No. 68/2009 s. 97(Sch. item 44.11).

(5) In any proceedings under subsection (4) the burden of proving the lawful purchase, the lawful occasion and that the quantity kept was not greater than reasonably necessary for the use shall be on the accused.

38 Exemption of licensee where consignee etc. at fault

Where the holder of a licence to transport explosives contravenes this Act by reason of the wilful act, neglect or default of the consignor or consignee of the explosive or other person, or by the improper refusal of the consignee or other person to accept delivery of the explosive, the conviction of the consignor, consignee or other person shall exempt the licensee from any penalty under this Act in respect of any breach of this Act arising from the wilful act, neglect, default or improper refusal to accept delivery.

39 Additional penalties for offences involving explosives

(1) Where a person is guilty of an offence against this Act in respect of the import into Victoria of any explosives, all or any part of the explosives may be forfeited to the Government of Victoria.

S. 39(2) amended by No. 48/1989 s. 13.

(2) Notwithstanding the provisions of section 45 and of any provision of this Act which prescribes a specific penalty for an offence, a person who is guilty of an offence under this Act in relation to any explosives is liable, in addition to or in lieu of any other penalty to which the person is liable under this Act, to a penalty not exceeding 1 penalty unit for every kilogram or part of a kilogram of the explosives and the penalty imposed under this section shall be no less than 5 penalty units.

Pt 6A (Heading and ss 39A–39F) inserted by No. 49/2018 s. 25.

Part VIA—Asbestos removal and control

S. 39A inserted by No. 49/2018 s. 25.

39A Definitions

In this Part—

asbestos has the same meaning as it has in section 55;

management plan means a plan for the management of risks associated with retaining asbestos on a property that complies with section 39F;

property includes a building, structure, ship, plant, aircraft or vehicle;

removal plan means a plan for the removal of asbestos that complies with section 39D;

structure means any construction, including a bridge, tunnel, shaft, dam, pipe or access pit, or any part of a construction, but does not include a building, ship or plant.

S. 39B inserted by No. 49/2018 s. 25.

39B Application of Part

This Part applies to property that contains asbestos that was installed on the property on or after 1 January 2004.

S. 39C inserted by No. 49/2018 s. 25.

39C Authority to be notified of asbestos installed on or after 1 January 2004

(1) Subject to subsection (2), the person who has management or control of the property must notify the Authority as soon as is practicable after becoming aware—

(a) that the property contains asbestos; and

(b) that the asbestos was installed on the property on or after 1 January 2004.

(2) The person is not required to notify the Authority if—

(a) the person first becomes aware that the property contains asbestos by being informed by the Authority; or

(b) the property is a domestic premises used solely for domestic purposes.

S. 39D inserted by No. 49/2018 s. 25.

39D Manager or controller to agree to a removal plan or management plan

Within 60 days after giving a notification under section 39C, or being informed by the Authority that a property contains asbestos (or such later time as determined by the Authority), the person who has management or control of the property must enter into an agreement with the Authority—

(a) to remove the asbestos in accordance with a removal plan approved by the Authority; or

(b) to manage the risks associated with retaining the asbestos on the property in accordance with a management plan approved by the Authority.

S. 39E inserted by No. 49/2018 s. 25.

39E Removal plan must specify time for removal of asbestos

(1) Without limiting the matters that a removal plan may specify, a removal plan must specify a time by which the asbestos will be removed.

(2) A person who has entered into an agreement to remove asbestos in accordance with an approved removal plan must comply with the removal plan.

S. 39F inserted by No. 49/2018 s. 25.

39F Management plans

(1) The Authority must not approve a management plan unless it is satisfied—

(a) that it is not reasonably practicable to remove the asbestos; and

(b) that the measures set out in the management plan would result in a level of health and safety equal to or greater than that which would be achieved by removing the asbestos.

(2) When satisfying itself of whether it is reasonably practicable to remove asbestos, the Authority must consider—

(a) the likelihood of exposure to the asbestos occurring; and

(b) the degree of harm that would result if exposure to the asbestos did occur; and

(c) the availability and suitability of ways to remove the asbestos; and

(d) the cost of removing the asbestos.

(3) Without limiting the matters which may be included in a management plan, a management plan may specify a timeframe for review of the management plan, or circumstances which may result in a review of the management plan.

(4) A person who has entered into an agreement to manage asbestos in accordance with an approved management plan must comply with the management plan.

Pt 7 (Heading) substituted by No. 67/2004 s. 10.

Part VII—Proceedings and enforcement

S. 40 amended by Nos 48/1989 s. 14, 13/1996 s. 18, 107/1997 s. 69, substituted by No. 31/2005 s. 14.

40 Proceedings may be brought by the Authority, inspectors and the police

(1) Proceedings for an offence against this Act may be brought only by—

(a) the Authority; or

(b) an inspector with the written authorisation of the Authority (either generally or in a particular case); or

S. 40(1)(c) amended by No. 37/2014 s. 10(Sch. item 44.4).

(c) a police officer.

(2) An authorisation under subsection (1)(b) is sufficient authority to continue proceedings in any case where the court amends the charge, warrant or summons.

(3) An inspector who brings proceedings may conduct the proceedings before the court.

(4) The Authority must issue, and publish in the Government Gazette, general guidelines for or with respect to the prosecution of offences under this Act.

(5) Nothing in this section affects the ability of the Director of Public Prosecutions to bring proceedings for an indictable offence against this Act.

S. 40A inserted by No. 31/2005 s. 14.

40A Procedure if prosecution is not brought

(1) If—

(a) a person considers that an offence against this Act has occurred; and

(b) no prosecution has been brought in respect of that occurrence within 6 months after that occurrence—

the person may request in writing that the Authority bring a prosecution in respect of that occurrence.

S. 40A(2) amended by No. 49/2018 s. 26(1)(a).

(2) If the offence the subject of a request under subsection (1) is a summary offence, within 3 months after the Authority receives a request it must—

(a) investigate the matter; and

S. 40A(2)(b) amended by No. 49/2018 s. 26(1)(b).

(b) following the investigation, advise (in writing) the person whether a prosecution has been, or will be, brought, or give reasons why a prosecution will not be brought, unless the Authority considers that giving such advice or reasons will prejudice the current investigation of an indictable offence.

S. 40A(2A) inserted by No. 49/2018 s. 26(2).

(2A) If the offence the subject of a request under subsection (1) is an indictable offence, the Authority must, within 3 months after receiving the request, report in writing to the person who made the request, advising that—

(a) the Authority's investigation of the matter is complete, and—

(i) that a prosecution will be brought; or

(ii) give reasons why a prosecution will not be brought; or

(b) the Authority's investigation is still ongoing and that a further report will be given within 3 months after the date of the response, and after every subsequent 3-month period, until the investigation is completed.

S. 40A(2B) inserted by No. 49/2018 s. 26(2).

(2B) If subsection (2A)(b) applies, the Authority must, within each 3-month period, also report to the Minister as to the progress of the investigation.

S. 40A(2C) inserted by No. 49/2018 s. 26(2).

(2C) The Authority must commence and complete investigations under this section in as timely a manner as is reasonably practicable.

S. 40A(3) amended by No. 49/2018 s. 26(3).

(3) If the Authority advises the person that a prosecution will not be brought, or that it has not brought a prosecution within 9 months after receiving the request, the Authority must refer the matter to the Director of Public Prosecutions if the person requests (in writing) that the Authority do so.

(4) The Director of Public Prosecutions must consider the matter and advise (in writing) the Authority whether or not the Director considers that a prosecution should be brought.

(5) The Authority must ensure that a copy of the advice is sent to the person who made the request and, if the Authority declines to follow advice from the Director of Public Prosecutions to bring proceedings, the Authority must give the person written reasons for its decision.

(6) The Authority must include in its annual report, and publish on its website, a statement setting out—

(a) the number of requests received by the Authority under subsection (1); and

S. 40A(6)(b) amended by No. 49/2018 s. 26(4)(a).

(b) the number of cases in which the Authority has advised under subsection (2)(b) or (2A)(a)(ii) that a prosecution has been or will be brought, or will not be brought; and

S. 40A(6)(ba) inserted by No. 49/2018 s. 26(4)(b).

(ba) how long it took to commence and complete each investigation pursuant to a request under subsection (1); and

S. 40A(6)(bb) inserted by No. 49/2018 s. 26(4)(b).

(bb) the number of times the Authority failed to respond or report, within the times set out in this section, to a person making a request under subsection (1) and any reasons for such failure; and

(c) the number of cases in which the Director of Public Prosecutions has advised under subsection (4) that a prosecution should be brought or should not be brought.

S. 40A(7) inserted by No. 49/2018 s. 26(5).

(7) The Authority must provide a copy of any statement containing the matters referred to in subsection (6)(bb) to the Minister.

S. 40B inserted by No. 31/2005 s. 14.

40B Limitation period for prosecutions

Proceedings for an indictable offence against this Act may be brought—

(a) within 2 years after the offence is committed or the Authority becomes aware the offence was committed; or

(b) at any time with the written authorisation of the Director of Public Prosecutions.

41 Proceedings for an offence

S. 41(1) amended by No. 10/2022 s. 16.

(1) The following provisions shall apply in respect of any legal proceedings for an offence against this Act—

(a) Where an inspector or a delegate gives evidence that that inspector or delegate suspects that—

(i) particular dangerous goods were involved in an offence; or

(ii) writing or markings on any substance, article or container or on any label attached to any substance, article or container indicates or indicate that particular dangerous goods were involved in an offence—

together with evidence of the grounds on which the inspector or delegate so suspects, and the court considers that the suspicion is reasonable, the particular dangerous goods shall, in the absence of proof to the contrary, be deemed to have been involved in the offence;

S. 41(1)(b) amended by No. 31/2005 s. 15(a).

(b) An original or copy made pursuant to section 19C by an inspector or a delegate of any entry in any document and certified by the inspector or delegate who caused such copy to be made to be a true copy shall be admissible in evidence and, in the absence of evidence to the contrary, shall be proof of the particulars contained in the document;

(c) Where an inspector or a delegate gives evidence that that inspector or delegate suspects that the vehicle or container to which the offence relates contained a quantity of dangerous goods greater than a quantity specified in respect of those dangerous goods or that class of dangerous goods under the regulations (whether that quantity is measured by mass or volume) together with evidence of the grounds on which the inspector or delegate so suspects, and the court considers that the suspicion is reasonable, the vehicle or the container shall, in the absence of proof to the contrary, be deemed to have contained a quantity of dangerous goods greater than the quantity referred to in this paragraph; and

(d) Where an inspector or a delegate gives evidence—

(i) that writing, markings or a label on a container to which the offence relates purports or purport to indicate the capacity, tare weight, origin, character, specification, ownership or date of manufacture of the container; and

(ii) that the inspector or delegate believes that the writing, markings or label was or were applied to the container in the course of its manufacture or by the manufacturer of the container, or at a place where the container was filled or where dangerous goods were transferred into the container, together with evidence of the grounds on which the inspector or delegate so believes and the court considers that the belief is reasonable—

the container shall, in the absence of proof to the contrary, be deemed to be of the capacity, tare weight, character or specification or to be of the origin or ownership or to have been manufactured on the date indicated by the writing, markings or label.

(2) For the purposes of paragraphs (a), (c) and (d*)* of subsection (1) container includes anything in or by which any substance or article suspected by the inspector or delegate to be dangerous goods is wholly or partly cased, covered, enclosed, contained or packed.

S. 41(3) amended by Nos 44/1989 s. 41(Sch. 2 item 8.3), 31/2005 s. 15(b), 37/2014 s. 10(Sch. item 44.4), 49/2019 s. 186(Sch. 4 item 10.2), 25/2025 s. 106(Sch. 1 item 10.2).

(3) For the purposes of this section, delegate means an employee in the Department of Transport and Planning, police officer or officer or member of a fire authority who is acting or has acted pursuant to an instrument of delegation under section 10B.

S. 42 amended by No. 13/1996 s. 19(1)(a)(b).

42 Evidence

A document purporting to be signed by the Chief Executive of the Authority or by any person authorized in writing by the Chief Executive in that behalf to the effect that—

(a) any person is or was or is not or was not at any time stated in the document—

(i) the holder of any exemption under the regulations; or

(ii) the holder of a licence or permit;

S. 42(b) amended by No. 13/1996 s. 19(2).

(b) where this Act requires any equipment, appliance or other item to be approved by the Authority, the equipment, appliance or other item is or was or is not or was not at any time stated in the document the subject of an approval by the Authority; or

S. 42(c) amended by No. 13/1996 s. 19(2).

(c) where the regulations require any person or class of persons to be registered with the Authority, any person is or was or is not or was not at any time stated in the document so registered—

shall be evidence and, in the absence of evidence to the contrary, shall be proof of the facts stated in it.

S. 42A inserted by No. 67/2004 s. 11.

42A Analyst's certificates

S. 42A(1) amended by No. 5/2016 s. 12(1).

(1) In any legal proceedings for an offence against this Act relating to an explosive or HCDG the production of a certificate purporting to be signed by an approved analyst with respect to any analysis or examination that the approved analyst states was analysed or examined in an approved laboratory is, without proof of the signature of the person appearing to have signed the certificate or that the person is an approved analyst, sufficient evidence of—

(a) the identity or quantity or both the identity and quantity of the substance, article or thing analysed;

(b) the nature of any substance analysed including whether the substance is pure or a mixture of other substances;

(c) the result of the analysis;

(d) any other matters relevant to the proceedings that are stated in the certificate.

(2) The provisions of subsection (1) do not apply—

S. 42A(2)(a) amended by No. 68/2009 s. 97(Sch. item 44.12).

(a) if a copy of the certificate was not served on the accused at least 7 days before the hearing; or

S. 42A(2)(b) amended by No. 68/2009 s. 97(Sch. item 44.12).

(b) if the accused, at least 3 days before the hearing, gave notice in writing personally or by post to the informant and to the approved analyst that he or she requires the analyst to attend as a witness.

S. 42A(3) amended by No. 68/2009 s. 97(Sch. item 44.12).

(3) For the purpose of subsection (2)(a) a copy of the certificate is deemed to be served on the accused under that provision if—

S. 42A(3)(a) amended by No. 68/2009 s. 97(Sch. item 44.12).

(a) not less than 10 days before the hearing a copy of the certificate is lodged with the court of hearing which is authorised to make the copy available to the accused; and

S. 42A(3)(b) amended by No. 68/2009 s. 97(Sch. item 44.12).

(b) notice in writing has been given to the accused that a copy of the certificate will be so lodged with the court.

(4) Service of a copy of a certificate for the purposes of this section may be effected and proved—

(a) in any manner in which service of a summons may be effected and proved; or

(b) if the certificate was served with the summons and proof of service of the summons is by affidavit, by stating in the affidavit that a copy of the certificate was served with the summons.

(5) If an analysis or examination has been carried out for the purpose of any legal proceedings for an offence against this Act the court may, in addition to any other order as to costs, make any order that it thinks proper—

(a) as to the expenses of and remuneration to be paid for the analysis or examination; and

S. 42A(5)(b) amended by No. 68/2009 s. 97(Sch. item 44.13).

(b) if the approved analyst has been required by the accused to attend as a witness, as to the conduct money of the analyst.

S. 42A(6) substituted by No. 5/2016 s. 12(2).

(6) In this section—

approved analyst means an analyst who is—

(a) operating with the authority of an approved laboratory; or

(b) approved by the Authority;

approved laboratory means a laboratory accredited by the National Association of Testing Authorities.

S. 43 (Heading) inserted by No. 68/2009 s. 97(Sch. item 44.14).

43 Right of accused to have third person before court

S. 43(1) amended by No. 68/2009 s. 97(Sch. item 44.15).

(1) An accused charged with an offence against this Act who alleges that the contravention constituting the offence was due to the act or default of another person may have that other person brought before the court by which the charge is to be heard.

S. 43(2) amended by No. 68/2009 s. 97(Sch. item 44.16(a)).

(2) An accused who desires to use the provisions of this section—

S. 43(2)(a) amended by No. 68/2009 s. 97(Sch. item 44.16 (b)(c)).

(a) shall, at least ten days before the return day of the summons in question, give to the informant notice in writing of the intention of the accused to use the provisions of this section and particulars of the claim of the accused that—

(i) the contravention was due to the act or default of another person; and

S. 43(2)(a)(ii) amended by No. 68/2009 s. 97(Sch. item 44.16(d)).

(ii) the accused exercised due diligence to ensure compliance with the provision of this Act in question; and

S. 43(2)(b) amended by Nos 57/1989 s. 3(Sch. item 51.1), 68/2009 s. 97(Sch. item 44.16(e)).

(b) shall file a charge-sheet against the other person for an offence against this Act.

S. 43(3) amended by Nos 57/1989 s. 3(Sch. item 51.2(a)–(d)), 68/2009 s. 97(Sch. item 44.17).

(3) A summons to answer to a charge contained on a charge-sheet filed pursuant to paragraph (b) of subsection (2) shall require the person against whom the charge-sheet is filed to appear to answer to the charge at a date and place mentioned in the summons before the court by which the original charge is to be heard and, where that date is not the return date of the original summons, the court shall adjourn the hearing of the original charge to that date or shall adjourn the hearing of the charges to a later date.

S. 43(4) amended by No. 57/1989 s. 3(Sch. item 51.3(a)).

(4) On the hearing of the charges—

S. 43(4)(a) amended by Nos 35/1996 s. 453(Sch. 1 item 22), 68/2009 s. 97(Sch. item 44.18).

(a) the original informant or the original informant's legal practitioner as well as the other person who the accused has alleged committed the offence—

S. 43(4)(a)(i) amended by No. 68/2009 s. 97(Sch. item 44.18).

(i) may cross-examine the accused (if the accused gives evidence) and any witness called by the accused; and

(ii) may call evidence in rebuttal; and

(b) the court—

S. 43(4)(b)(i) amended by No. 68/2009 s. 97(Sch. item 44.18).

(i) may convict the other person if the contravention of this Act is proved and the original accused satisfies the court that the contravention was due to the act or default of that other person;

S. 43(4)(b)(ii) amended by Nos 57/1989 s. 3(Sch. item 51.3(b)), 68/2009 s. 97(Sch. item 44.18).

(ii) shall dismiss the charge against the original accused if, in addition to satisfying the court that the contravention was due to the act or default of the other person, the original accused satisfies the court that the original accused exercised due diligence to ensure compliance with the provision of this Act in question; and

(iii) may make such orders as to the costs of the proceedings as it thinks fit.

S. 43(5) inserted by No. 18/2005 s. 18(Sch. 1 item 32), amended by No. 17/2014 s. 160(Sch. 2 item 32).

(5) In this section, legal practitioner means an Australian legal practitioner.

44 Offence to interfere etc. with document or give false information

A person who—

(a) wilfully alters or interferes with any document issued under this Act;

S. 44(b)(c) repealed by No. 31/2005 s. 15(c).

S. 44A inserted by No. 31/2005 s. 16.

44A Offence to give false or misleading information

(1) A person must not give information in complying or purportedly complying with this Act that the person knows to be false or misleading in a material particular.

1. 240 penalty units for a natural person;

(2) A person must not produce a document in complying or purportedly complying with this Act that the person knows to be false or misleading in a material particular without—

(a) indicating the respect in which it is false or misleading; and

(b) if practicable, providing correct information.

1. 240 penalty units for a natural person;

S. 45 substituted by No. 48/1989 s. 15(1).

45 General

S. 45(1) substituted by No. 31/2005 s. 17.

(1) A person who contravenes any provision of this Act (other than a provision in Part II, VII or VIII) is guilty of an offence.

(2) A person who is guilty of an offence against this Act for which no penalty is expressly provided is liable—

S. 45(2)(a) amended by No. 38/2019 s. 10.

(a) in the case of a body corporate—to a penalty of not more than 500 penalty units and to a further penalty of not more than 50 penalty units for each day on which the offence continues after conviction; or

(b) in any other case—to a penalty of not more than 100 penalty units and to a further penalty of not more than 10 penalty units for each day on which the offence continues after conviction.

S. 45A inserted by No. 48/1989 s. 15(1).

45A Further penalties for subsequent offences

In any case where a person convicted of an offence against this Act has previously been convicted of an offence against this Act (whether the same offence or any other offence), the Court may, if it considers it appropriate to do so, impose in addition to the penalty it imposes for the present offence—

(a) in the case of an indictable offence—

(i) if the person is a body corporate, a further penalty of not less than 50 penalty units and not more than 2500 penalty units; or

S. 45A(a)(ii) amended by No. 13/1996 s. 23(c).

(ii) in any other case, a further penalty of not less than 10 penalty units and not more than 500 penalty units or imprisonment for not more than five years or both;

(b) in the case of a summary offence—

(i) if the person is a body corporate, a further penalty of not less than 50 penalty units and not more than 400 penalty units; or

(ii) in any other case, a further penalty of not less than 10 penalty units and not more than 200 penalty units or imprisonment for not more than two years or both.

S. 45B inserted by No. 48/1989 s. 15(1).