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Victoria act
**What this law does (mechanics first)
Establishes a single, statewide regulatory framework for "dangerous goods": it defines what counts as dangerous goods (with reference to the Australian Code for the Transport of Dangerous Goods — the ADG Code) and gives the Victorian WorkCover Authority ("the Authority") a central role in licensing, inspection and enforcement (see: definitions s.3; adoption of ADG Code s.10; Authority definition s.3).
Licensing and permissions: the Act requires people and businesses to hold licences for activities the regulations specify (manufacture, storage, transport, sale, import of explosives, and special regimes for "high consequence dangerous goods" or HCDG). The Authority issues, conditions, renews, amends, suspends and revokes licences and may demand risk or security plans for HCDG or explosives (see: licences s.21; HCDG/explosives specific rules s.21A; Conditions & variation s.23–24).
Inspectors' powers: inspectors appointed by the Authority can enter non-residential places (and vehicles) where dangerous goods are present, inspect, seize, take samples, require documents and answers, and issue a range of regulatory instruments on the spot (improvement notices, prohibition notices, non‑disturbance notices, provisional directions). They can get search warrants when needed (see: appointment of inspectors s.11; powers of entry and inspection s.13–13D; powers to issue notices s.17A–17D; search warrants s.15).
Enforcement and penalties: the Act creates criminal and civil penalties for many contraventions (from fixed penalty units to indictable offences with multi‑thousand unit fines and possible imprisonment for the most serious or reckless conduct). It gives courts power to order forfeiture, destruction or disposal of dangerous goods and to recover costs (see: penalties and offences s.31, s.31A–31D, s.31B–31C, ss.47–50).
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Direct links to the current provisions in Dangerous Goods Act 1985.
Zoe has indexed the source text for search and analysis. Use the official register for the original document and download formats.
View on official registerSourced from Victorian Legislation (legislation.vic.gov.au), CC BY 4.0.
Transport rules and vehicle/driver licensing: the Act regulates transport of dangerous goods by road and rail, can prescribe routes, vehicle standards and driver qualifications, and creates specific offences for using or driving unlicensed vehicles (see: transport offences s.21AA; transport safety obligations s.31B; route and vehicle rules in Schedule 2/regulations).
Classification and special orders: the Governor in Council may declare substances to be dangerous goods or HCDG and may make Orders to prohibit or tightly regulate manufacture, transport, import/export, or asbestos cleanup (see: Orders s.9A–9B, s.55, and HCDG declarations s.9B(1A)).
Adoption of external standard and updating: regulations may adopt the ADG Code by reference; the Act provides a mechanism for the Authority to notify and phase in changes (see: s.10(1A)–(1C)).
Information sharing and confidentiality: the Authority may share inspection and compliance information with corresponding agencies subject to privacy law; persons working for the Authority face limits on disclosure (see: s.10C–10E).
Procedural safeguards and review: the Act creates internal review (Authority) and review by the Victorian Civil and Administrative Tribunal for many individual supervisory decisions (Part IIA: ss.20–20B), and provides for court appeal routes for forfeiture/disposal orders (ss.47B–47D).
Additional contemporary topics added into the Act: a dedicated asbestos removal/management regime for asbestos installed since 2004 (Part VIA: ss.39A–39F); a ban on insurance or indemnity covering people’s liability to pay pecuniary penalties under the Act (Part VIIA: ss.51D–51E).
Why the Act says it exists (official objectives)
Testing the stated purposes against costs, incentives, trade‑offs and implementation mechanics
Who pays: The regulated parties — licensees, occupiers, vehicle owners, drivers, consignors and prime contractors — carry most direct costs: licence fees, costs of security and risk studies, compliance with vehicle/equipment standards, notices remediation, and possible fines or forfeiture (licences and fees s.21; recovery of costs s.50; penalties in ss.31, 31A–31D; infringement regime s.45B).
Who decides: The Authority has broad discretionary power (issue/condition/suspend/revoke licences s.21, s.23–24; acceptance of undertakings s.60A; adopting amendments to ADG Code s.10). The Minister/Governor in Council also holds rule‑making and ordering powers (Orders s.9B, s.55). Regulations grant further delegated discretion (s.52).
Behaviour changes required: Businesses must identify dangerous goods on premises, keep manifests and regular reports, adopt safety and security plans (HCDG/explosives s.21A; manifests s.30; information s.27), avoid consigning goods too dangerous to transport (s.31A), follow ADG Code transport rules (s.10, s.31B), respond to inspectors' notices, and, for asbestos installed after 2004, notify and either remove or manage the asbestos under Authority‑approved plans (Part VIA ss.39C–39F).
Compliance burden and administrative costs: The Act creates potentially significant compliance work: recurring reporting (every three months s.27), possible hazard analyses or consultant studies at the Authority's direction when applying for licences (s.21(3)), security plans and identity checks for HCDG/explosives applicants (s.21A), and record‑keeping and manifest obligations (s.30, Schedule 2). Smaller firms and transport operators are likely to face higher per‑unit costs for compliance than larger firms because fixed administrative and specialist costs (risk assessments, security plans) do not scale down easily.
Bureaucratic discretion and implementation risk: The Authority has broad delegated powers (delegations s.10B) and can adopt external codes dynamically (s.10). That enables timely technical alignment but concentrates decision power in the Authority and in regulation‑making instruments. The Act gives administrative remedies (internal review, Tribunal) but many on‑the‑spot directions and notices are effective immediately and carry criminal penalties for non‑compliance (see: improvement and prohibition notices ss.17C–17D; review rights Part IIA ss.20–20B). Implementation risk includes resourcing the Authority for timely licensing, inspections and decisions (s.21(5A) requires reasonable period) and managing large volumes of confidential information (s.10D–10E).
Effects on private enterprise, competition and contractual freedom: Licensing, vehicle and driver qualifications, mandatory security plans for some goods, and prescripted technical standards (via regulations and referenced ADG Code) limit how businesses organise transport and storage of dangerous goods. These constraints can raise barriers to entry (cost and compliance complexity) for small operators, and they standardise equipment/safety choices across the market (Schedule 2 and s.52 power to prescribe standards). The Act provides for recognition of corresponding Authority decisions (Sch.2 cl.72) which can reduce duplication in multi‑jurisdiction operators.
Concentrated benefits, diffuse costs and capture risk: The Act concentrates safety oversight benefits on the public and responders (fire authorities get information s.28), while costs are borne by regulated firms. Where specialised certification or licenses are scarce, holders of such services may gain concentrated economic benefit. The Act includes public participation and review steps for codes of practice (ss.56–58), which reduces but does not eliminate the risk of regulatory capture.
Substitution and unintended effects: Stringent licensing/route/vehicle standards can shift transport to different modes, reroute traffic or raise costs which may be passed to customers. The law’s exemption and non‑application clauses (s.9) create parallel regulation for pipelines, ships and aircraft — meaning the regulatory burden shifts depending on transport mode.
Opportunity cost and enforcement intensity: High monetary and custodial penalties (including severe corporate fines and possible imprisonment for reckless conduct s.31C, s.31D) increase incentives to comply but also increase the Authority’s enforcement and prosecution workload. The Act permits seizure, forfeiture and destruction of goods (ss.16B, 47A–47D) which is a strong enforcement tool but creates the need for careful evidentiary and timeliness safeguards (Tribunal/court reviews are available).
Key practical effects to watch (what changes for businesses and individuals)
Selected statutory hooks (for quick reference)
Bottom line (neutral, mechanical): The Dangerous Goods Act 1985 creates a comprehensive, licence‑centred, inspector‑led regulatory system for dangerous goods in Victoria, embeds the ADG Code by reference, adds a bespoke high‑consequence goods and explosives regime, introduces specific asbestos controls, and equips the Authority with preventative, remedial and punitive tools (including seizure and forfeiture). Those subject to the law must invest in safety, security and reporting systems; the Authority and courts have broad powers to police and sanction non‑compliance. The law balances rapid operational powers (on‑site notices, seizure) with administrative and judicial review routes, while concentrating substantial discretion in the Authority and in delegated instruments (see ss.10B, 17F, 52).