13Regulation-making powers

#### 13 Regulation-making powers 13 Regulation-making powers > > (1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act. > > > (2) In particular, the regulations may make provision for or with respect to the following— > > > > > (a) the identification and classification of dangerous goods, > > > > > (b) identifying, classifying and regulating goods that are too dangerous to be transported (including prohibiting the transport of such goods), > > > > > (c) the making of determinations by a Competent Authority for the purposes of the regulations in relation to the following— > > > > > > > (i) the identification and classification of goods as dangerous goods, > > > > > > > (ii) the identification and classification of dangerous goods, > > > > > > > (iii) the specification of what is, and what is not, compatible with dangerous goods for transport purposes, > > > > > > > (iv) prohibiting or regulating the transport of dangerous goods by road or rail, > > > > > > > (v) regulating the containment of dangerous goods that are being, or that are to be, transported by road or rail, > > > > > (d) the analysis and testing of dangerous goods, > > > > > (e) fees that are to be paid for things done under this Act, including the refund and waiver of fees, or particular types of fees, in whole or in part, > > > > > (f) the marking and labelling of packages containing dangerous goods for transport by road or rail and the placarding of vehicles and packaging on or in which dangerous goods are transported by road or rail, > > > > > (g) containers, vehicles, packaging, equipment and other items used in the transport of dangerous goods by road or rail, > > > > > (h) voluntary accreditation schemes, including privileges to be accorded or sanctions to be imposed under the schemes and the cancellation or suspension of the schemes, > > > > > (i) the loading of dangerous goods for, and the unloading of dangerous goods after, their transport by road or rail, > > > > > (j) the determination by a Competent Authority of routes along which, the areas in which and the times during which dangerous goods may or may not be transported by road or rail, > > > > > (k) procedures for the transport of dangerous goods by road or rail, including, but not limited to— > > > > > > > (i) the quantities and circumstances in which dangerous goods, or particular types of dangerous goods, may be transported, and > > > > > > > (ii) safety procedures and equipment, > > > > > (l) the licensing of— > > > > > > > (i) vehicles and drivers for the purposes of the transport of dangerous goods by road or rail, and > > > > > > > (ii) persons involved in the transport of dangerous goods by road or rail or for vehicles used in that transport, > > > > > (m) the mandatory accreditation of people involved in the transport of dangerous goods by road or rail or particular aspects of that transport, > > > > > (n) the approval by a Competent Authority of the form in which applications are to be made to the Authority, and the form in which documents are to be issued by the Authority, for the purposes of the regulations, > > > > > (o) the approval by a Competent Authority of— > > > > > > > (i) vehicles, packaging, equipment and other items used in relation to the transport of dangerous goods by road or rail, and > > > > > > > (ii) facilities for and methods of testing or using vehicles, packaging, equipment and other items used in relation to the transport of dangerous goods by road or rail, and > > > > > > > (iii) processes carried out in relation to the transport of dangerous goods, > > > > > (p) documents required to be prepared or kept by people involved in the transport of dangerous goods by road or rail and the approval by a Competent Authority of alternative documentation, > > > > > (q) obligations arising, and procedures to be followed, in the event of a dangerous situation in relation to the transport of dangerous goods by road or rail, > > > > > (r) the training and qualifications required of authorised officers and other people performing functions under this Act, > > > > > (s) the training and qualifications required of people involved in, and the approval of training courses and qualifications relating to involvement in, the transport of dangerous goods by road or rail, > > > > > (t) the recognition of laws of other jurisdictions relating to the transport of dangerous goods by road or rail and of things done under those laws, and the giving effect to those things, > > > > > (u) the recognition of a body consisting of the Competent Authorities of this jurisdiction and other equivalent bodies in other jurisdictions to provide oversight on decisions made under this Act or the regulations that may have implications for other jurisdictions, and other matters in relation to such a body, including the recognition of decisions made by such a body, > > > > > (v) the recognition of accredited providers of training, package testing, design verification and other similar activities, > > > > > (w) the passing of information on persons relevant to licensing or compliance and enforcement matters to another Competent Authority and other authorities involved in the enforcement of road and rail laws, > > > > > (x) requiring a person involved in the transport of dangerous goods by road or rail to hold insurance, or some other form of indemnity, in relation to that transport, > > > > > (y) appeals against, and the review of, decisions under this Act, including conferring jurisdiction on— > > > > > > > (i) a court or courts to hear appeals against decisions under the regulations, and > > > > > > > (ii) the Civil and Administrative Tribunal to conduct administrative reviews under the [Administrative Decisions Review Act 1997](/view/html/inforce/current/act-1997-076) of decisions under the regulations, > > > > > (z) applications for, and consideration of applications for, exemptions, > > > > > (aa) registers of approvals, exemptions and determinations, > > > > > (ab) the form of decisions under the Act, > > > > > (ac) determinations by a Competent Authority, > > > > > (ad) obligations of passengers in respect of transport of dangerous goods by rail. > > > (3) The Minister is not to recommend the making of a regulation containing provisions for the purposes of subsection (2) (y) (ii) unless the Minister certifies that the Minister administering the [Civil and Administrative Tribunal Act 2013](/view/html/inforce/current/act-2013-002) has agreed to the provisions. > > **s 13:** Am 2013 No 95, Sch 2.44 \[1\] \[2\]; 2017 No 21, Sch 5.1.