Section 76 - Dangerous Goods Act 1985 - Prescribing decisions of the Authority under the regulations to be reviewable decisions for the purposes of Part IIA. | Zoe
76 Prescribing decisions of the Authority under the regulations to be reviewable decisions for the purposes of Part IIA.
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The Dangerous Goods Act 1985 was assented to on 30 July 1985 and came into operation as follows:
Sections 1–7(1), 8–53, 55, Schedule 1 items 1–4, 8–10, Schedule 2 on 1 October 1985: Government Gazette 1 October 1985, page 3803: section 54, Schedule 1 items 5, 6 on 30 June 1988: Special Gazette (No. 61) 30 June 1988, page 1; Schedule 1 item 7 on 22 August 1996: Government Gazette 22 August 1996, page 2209.
Section 7(2) was never proclaimed and was repealed by section 9(a) of the Dangerous Goods (Amendment) Act 1995, No. 78/1995.
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).
• Examples, diagrams or notes
All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).
• Punctuation
All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).
• Provision numbers
All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Dangerous Goods Act 1985 by Acts and subordinate instruments.
Where a provision has expired, the provision has been omitted and an explanatory sidenote included.
| Assent Date: | 14.6.89 |
| Commencement Date: | S. 4(1)(a)–(e)(2) on 1.9.89: Government Gazette 30.8.89 p. 2210; rest of Act on 1.9.90: Government Gazette 25.7.90 p. 2217 |
Mineral Resources Development Act 1990, No. 92/1990
| Assent Date: | 18.12.90 |
| Commencement Date: | S. 128(Sch. 1 items 5.1, 5.2) on 6.11.91: Government Gazette 30.10.91 p. 2970 |
| Assent Date: | 20.12.94 |
| Commencement Date: | S. 114(Sch. 5 item 2) on 21.12.94: Special Gazette (No. 100) 20.12.94 p. 1 |
Gas and Fuel Corporation (Repeal) Act 1995, No. 31/1995
| Assent Date: | 6.6.95 |
| Commencement Date: | S. 52(Sch. 1 item 3) on 21.6.95: Special Gazette (No. 49) 14.6.95 p. 1 |
| Current State: | This information relates only to the provision/s amending the Dangerous Goods Act 1985 |
Extractive Industries Development Act 1995, No. 67/1995
| Assent Date: | 17.10.95 |
| Commencement Date: | Pt 1 (ss 1–7), s. 60(1)(2) on 17.10.95: s. 2(1); rest of Act on 1.6.96: Special Gazette (No. 60) 31.5.96 |
Dangerous Goods (Amendment) Act 1995, No. 78/1995
| Assent Date: | 28.11.95 |
| Commencement Date: | All of Act (except s. 3) on 28.11.95: s. 2(1); s. 3 on 15.4.96: s. 2(3) |
Port Services Act 1995, No. 82/1995
| Assent Date: | 28.11.95 |
| Commencement Date: | Ss 190–193 on 1.3.96: Special Gazette (No. 14) 27.2.96 p. 1 |
Accident Compensation (Occupational Health and Safety) Act 1996, No. 13/1996[2]
| Assent Date: | 28.6.96 |
| Commencement Date: | Ss 1, 2, 9 on 28.6.96: s. 2(1); rest of Act on 2.7.96: Special Gazette (No. 75) 2.7.96 p. 1 |
Legal Practice Act 1996, No. 35/1996
| Assent Date: | 6.11.96 |
| Commencement Date: | S. 453(Sch. 1 item 22) on 1.1.97: s. 2(3) |
Gas Safety Act 1997, No. 99/1997
| Assent Date: | 16.12.97 |
| Commencement Date: | S. 120 on 1.2.99: Government Gazette 21.1.99 p. 80 |
S. 11: Section 9(3)(4) of the Accident Compensation (Further Amendment) Act 1992, No. 37/1992 reads as follows:
9 Amendment of Dangerous Goods Act 1985
(3) The appointment or purported appointment of a person as an inspector of dangerous goods under section 11 of the Dangerous Goods Act 1985, as in force immediately before the commencement of this section, is to be taken always to have been valid and anything done by such a person as an inspector under that Act before that commencement is not invalid by reason only of a doubt arising as to the validity of the person's appointment as an inspector.
(4) On and from the commencement of this section—
(a) all inspectors holding office or purporting to hold office under section 11 of the Dangerous Goods Act 1985 immediately before that commencement are to be taken to be inspectors appointed under section 11 of that Act as amended by this section; and
(b) a notice of appointment published under section 11(2) of the Dangerous Goods Act 1985 before that commencement in respect the appointment of an inspector referred to in paragraph (a) is to be taken to be a certificate of appointment of that inspector furnished under section 11(2) of that Act as amended by this section. ↑
Table of Amendments (Accident Compensation (Occupational Health and Safety) Act 1996): Division 2 of Part 3 (sections 24–32) of the Accident Compensation (Occupational Health and Safety) Act 1996, No. 13/1996 reads as follows:
Division 2—Transitional Provisions
24 Definitions
In this Division—
Director-General has the same meaning as it has in the Principal Act as in force at any time before the commencement of Division 1 of this Part, having regard to any Order made under the Administrative Arrangements Act 1983 but does not include the relevant Director-General within the meaning of section 61 of the Principal Act;
former inspector means an inspector appointed under section 11 of the Principal Act as in force immediately before the commencement of Division 1 of this Part but does not include an inspector appointed by the relevant Minister within the meaning of section 61 of the Principal Act;
Minister does not include the relevant Minister within the meaning of section 61 of the Principal Act.
25 Interpretation of Legislation Act 1984 not affected
Nothing in this Division affects or takes away from the Interpretation of Legislation Act 1984.
26 Superseded references to Minister and Director-General
(1) On the commencement of this section, a reference in the regulations made under the Principal Act or any instrument or other document made, issued, served or given under the Principal Act or the regulations made under that Act—
(a) to the Minister is deemed to be a reference to the Authority; and
(b) to the Director-General is deemed to be a reference to the Authority.
(2) Subsection (1) does not apply to—
(a) any guidelines issued by the Minister under section 40(2) of the Principal Act; or
(b) any code of practice approved by the Minister or notice caused to be published by the Minister under section 56 of the Principal Act.
27 Proceedings in relation to Minister and Director-General
(1) On the commencement of this section, the Authority is substituted for the Minister or the Director-General as a party in any proceedings commenced or made by or against or in relation to the Minister or the Director-General under the Principal Act or the regulations made under that Act and existing immediately before that commencement.
(2) On the commencement of this section, any application made or notification given to the Director-General under the Principal Act or the regulations made under that Act before that commencement is deemed to be an application made or notification given to the Authority.
(3) On and after the commencement of this section, the Authority may continue and complete any other continuing matter or thing commenced by or against or in relation to the Director-General under the Principal Act or the regulations made under that Act and existing immediately before that commencement.
28 Documents etc. issued by Director-General
(1) On and after the commencement of this section—
(a) any notice, licence, certificate, requirement, request, direction, determination, declaration, specification, registration, authorisation, endorsement, waiver, approval, delegation, condition, consent, exemption or other instrument or document issued, served, made or given under the Principal Act or the regulations made under the Principal Act by the Director-General or the Minister is deemed to have been issued, served, made or given by the Authority; and
(b) any action taken or decision made under the Principal Act or the regulations made under the Principal Act by the Director-General or the Minister is deemed to have been taken or made by the Authority.
(2) This section does not apply to—
(a) any guidelines issued by the Minister under section 40(2) of the Principal Act; or
(b) any code of practice approved by the Minister or notice caused to be published by the Minister under section 56 of the Principal Act.
29 Registers
(1) On the commencement of this section, the register established by the Director-General under section 54 of the Principal Act is deemed to be the register established under that section by the Authority.
(2) On the commencement of this section, any other register established by the Director-General under the Principal Act or the regulations made under that Act is deemed to be a register established by the Authority.
30 Inspectors deemed to be inspectors appointed by Authority
On and after the commencement of this section—
(a) each former inspector holding office immediately before that commencement is deemed to be an inspector appointed by the Authority under section 11 of the Principal Act as amended by Division 1 of this Part; and
(b) a certificate of appointment furnished by the Minister under section 11 of the Principal Act in respect of the appointment of a former inspector is deemed to be a certificate of appointment furnished by the Authority under section 11 as amended by Division 1 of this Part; and
(c) an identification card issued to a former inspector by the Director-General under section 13 of the Principal Act is deemed to be an identification card issued to an inspector by the Authority under that section as amended by Division 1 of this Part.
31 Proceedings in relation to inspectors
On and after the commencement of this section, an inspector appointed by the Authority may continue and complete any proceedings under the Principal Act or the regulations made under that Act commenced or made by or against or in relation to a former inspector and existing immediately before that commencement.
32 Documents etc. issued by inspector
On and after the commencement of this section—
(a) any notice, direction, authorisation, request, requirement, prohibition, exemption, approval, permission or other instrument or document issued, served, made or given by a former inspector under the Principal Act or the regulations made under that Act is deemed to have been issued, served, made or given by an inspector appointed by the Authority; and
(b) any action taken or decision made under the Principal Act or the regulations made under that Act by a former inspector is deemed to have been taken or made by an inspector appointed by the Authority. ↑