75Dangerous Goods Amendment (Penalty Reform) Act 2019

75 Dangerous Goods Amendment (Penalty Reform) Act 2019 (1) The amendments made to this Act by section 3, 4(1), 4(2), 4(3), 5(1), 5(2), 6, 7, 9(1) or 10 of the **Dangerous Goods Amendment (Penalty Reform) Act 2019** apply only to an offence alleged to have been committed on or after the commencement of that section. (2) For the purposes of subsection (1), if an offence is alleged to have been committed between 2 dates, one before and one on or after the commencement of section 3, 4(1), 4(2), 4(3), 5(1), 5(2), 6, 7, 9(1) or 10 of the **Dangerous Goods Amendment (Penalty Reform) Act 2019**, the offence is alleged to have been committed before that commencement. Schedules Sch. 1 amended by No. 78/1995 s. 9(d), repealed by No. 31/2005 s. 5. Schedule 2––Subject-matter for regulations Section 52(1) 1 The classification of dangerous goods. Sch. 2 cl. 2 substituted by No. 82/2001 s. 33. 2 Prohibiting or regulating the manufacture, storage, supply, installation, transfer, transport, sale, resale, use or reuse of dangerous goods. Sch. 2 cl. 3 substituted by No. 82/2001 s. 33. 3 Prohibiting the manufacture, storage, supply, installation, transfer, transport, sale, resale, use or reuse of dangerous goods in particular circumstances, or otherwise than in accordance with specified conditions. 4 The employment or prohibition of the employment of persons under a specified age in or in connexion with the manufacture, storage, transfer, transport, sale or use of dangerous goods. 5 The maximum quantities of dangerous goods which may be sold to any person at any one time. 6 Prohibiting the sale of dangerous goods to any person under the age of eighteen years. 7 Prohibiting or controlling the use of dangerous goods. 8 Prescribing any premises as a place where dangerous goods may be stored by the public. 9 The odorization, denaturation or stabilization of dangerous goods. 10 Standards of quality for dangerous goods and the methods to be used in determining the quality of dangerous goods. 11 Methods and apparatus to be used in determining the physical or chemical properties of dangerous goods. 12 Any act, matter or thing in, at or on any premises used or intended to be used for or in connexion with the manufacture, storage, transfer or sale of dangerous goods. Sch. 2 cl. 13 amended by No. 82/1995 s. 193(a). 13 The conditions under which dangerous goods may be loaded onto or into or transported in or discharged from or unloaded from any vehicle, ship or boat. Sch. 2 cl. 13A inserted by No. 82/1995 s. 193(b). 13A The conditions under which dangerous goods may be transferred on or transferred from any ship or boat. 14 The maximum quantities of dangerous goods which may be transported at any one time on a vehicle and prohibiting or controlling the transport on a vehicle of different dangerous goods at any one time. Sch. 2 cl. 14A inserted by No. 66/2008 s. 28(1)(a). 14A The determination of routes along which, the areas in which and the times during which dangerous goods may or may not be transported. 15 Prohibiting or regulating the transfer of dangerous goods to, in or into containers. 16 Prohibiting or regulating the presence of different dangerous goods in a container at any one time. 17 Prohibiting or regulating the manufacture or sale of any containers used or intended to be used for or in connexion with dangerous goods. 18 Standards of construction, material, efficiency, performance, safety and mode of installation, maintenance, modification, repair, handling and care of any containers, piping, fittings, appliances and equipment used or intended to be used for or in connexion with dangerous goods. 19 The specifications of any vehicles or the equipment to be provided on vehicles used for or in connexion with the transport of dangerous goods. 20 Limiting the size of any containers used or intended to be used for holding dangerous goods or the degree to which any containers may hold dangerous goods. 21 Prescribing the strength, construction and character of packages used or intended to be used to contain dangerous goods, the method of packing, marking or labelling the packages and the maximum quantities and kinds of dangerous goods which may be in any one package. 22 The mode of construction of any building or structure used or intended to be used for or in connexion with the manufacture, storage, transfer or sale of dangerous goods and requiring the installation and operation of prescribed apparatus or equipment for collecting or preventing the accumulation of dusts, vapours, fumes and gases from dangerous goods. Sch. 2 cl. 23 amended by No. 13/1996 s. 22(t)(i). 23 Requiring drawings, plans, specifications or calculations to be submitted to the Authority in respect of any premises, vehicle, boat, container, equipment, piping, appliance or fitting used or intended to be used for or in connexion with dangerous goods, the nature of such drawings, plans, specifications or calculations and the circumstances in which they are to be submitted. 24 Prescribing the qualifications to be held by persons who install, alter, modify, repair or remove equipment, piping, fittings or appliances used in connexion with dangerous goods in, on or at specified premises, vehicles, boats or containers and prohibiting such installation, alteration, modification, repair or removal by persons not suitably qualified under this Act. 25 The qualifications to be held or the medical or competency tests to be passed by the driver of a vehicle used for the transport— (i) of dangerous goods in a quantity greater than a prescribed quantity; or (ii) of containers containing or enclosing dangerous goods where the containers are of a prescribed class, size or capacity. Sch. 2 cl. 25A inserted by No. 66/2008 s. 28(1)(b). 25A Voluntary accreditation schemes, including privileges to be accorded or sanctions to be imposed under the schemes and the cancellation or suspension of the schemes. Sch. 2 cl. 25B inserted by No. 66/2008 s. 28(1)(b). 25B The requirement for mandatory accreditation of persons involved in the transport of dangerous goods or particular aspects of that transport. Sch. 2 cl. 26 amended by No. 13/1996 s. 22(t)(ii). 26 Prohibiting a person from driving or being in charge of a specified type of vehicle used for or in connexion with the transport of dangerous goods unless the person is registered by the Authority and possesses the prescribed qualifications. 27 Requiring licences to be obtained by persons in relation to— Sch. 2 cl. 27(a) substituted by No. 67/2004 s. 15(a). (a) the manufacture, storage, sale, use, handling or transfer of dangerous goods; (b) the transport of dangerous goods; (c) the carrying out of work in respect of the installation, alteration, repair, maintenance or testing of equipment, piping, fittings or appliances which is or are used or intended to be used for or in connexion with dangerous goods; (d) the import of explosives into Victoria; (e) the sale of explosives; or (f) the assembling and blending of the inexplosive component parts of any prescribed explosive mixture— and prescribing the conditions to be complied with before licences can be issued. Sch. 2 cl. 27AA inserted by No. 66/2008 s. 28(1)(c). 27AA Providing for the licensing of— (a) vehicles and drivers for the purpose of the transport of dangerous goods; and (b) persons responsible for the transport of dangerous goods or for vehicles used in that transport. Sch. 2 cl. 27AB inserted by No. 66/2008 s. 28(1)(c). 27AB Providing for the amendment, suspension or revocation of a licence to which clause 27 or 27AA applies. Sch. 2 cl. 27A inserted by No. 67/2004 s. 15(b).