202 Regulations—application etc of laws of other
jurisdictions and instruments
(1) A regulation may apply, adopt or incorporate a law of another
jurisdiction or an instrument, as in force at a particular time or from
time to time.
Examples—instruments
1 a code, standard or rule about dangerous goods
2 a code, standard or rule about the transport of dangerous goods
Note 1 The text of an applied, adopted or incorporated law or instrument,
whether applied as in force from time to time or at a particular time, is
taken to be a notifiable instrument if the operation of the Legislation Act,
s 47 (5) or (6) is not disapplied (see s 47 (7)).
Note 2 A reference to an instrument includes a reference to a provision of an
instrument (see Legislation Act, s 14 (2)).
law of another jurisdiction—see the Legislation Act, section 47 (10).
(see s 3)
Note 1 The Legislation Act contains definitions and other provisions relevant to
Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms:
• Corporations Act
• exercise (a function)
• external territory
• function
• infringement notice
• internal territory
• public employee
• State
• territory law
• the Territory
• working day.
action, for division 3.6.2 (Formal warnings)—see section 115.
another jurisdiction means the Commonwealth, a State, an external
territory or internal territory (other than the Territory).
appointing competent authority—see section 23 (2).
associate, for part 3.8 (General court-based penalties)—
see section 127.
at premises, for part 3.5 (Enforcement)—see section 68.
authorised, to drive a vehicle or run its engine—see section 17.
authorised person—see section 23 (1).
broken-down vehicle or trailer—see section 19.
combination means a vehicle consisting of a motor vehicle and 1 or
more trailers.
commercial benefits penalty order—see section 129 (1).
compensation order, for part 3.9 (Compensation orders)—
see section 141.
competent authority means a competent authority declared under
section 20.
compliance purposes—see section 9.
connected, with an offence, for part 3.5 (Enforcement)—
see section 68.
consignor—see section 10.
consigns—see section 10.
contractor, for part 5.3 (Victimisation of people for reporting
breaches and assisting with investigations)—see section 185.
corresponding authority means a competent authority under a
corresponding law means—
(a) a law of another jurisdiction corresponding, or substantially
corresponding, to this Act; or
(b) a law of another jurisdiction that is declared by regulation to be
a corresponding law.
dangerous activity, for part 3.7 (Prohibition notices)—
see section 118.
dangerous goods means—
(a) a substance or article prescribed by regulation as dangerous
goods; or
(b) a substance or article determined by a competent authority in
accordance with a regulation to be dangerous goods.
dangerous situation means a situation that is causing or likely to
cause imminent risk of death or serious injury to a person, significant
harm to the environment or significant damage to property.
Section 202 - Dangerous Goods (Road Transport) Act 2009 - Regulations—application etc of laws of other | Zoe
decision-maker, for chapter 4 (Notification and review of
decisions)—see section 169.
divulge, for part 5.1 (Secrecy and information sharing)—
see section 177.
driver of a vehicle includes—
(a) a two-up driver of the vehicle who is present in or near the
(b) a person who is driving the vehicle as a driver under instruction
or under an appropriate learner licence or learner permit; and
(c) if the vehicle is a trailer—the driver of the vehicle towing the
trailer.
driver licence means a licence (including a probationary and
conditional licence) issued under a law of the ACT or a State
authorising the licensee to drive a vehicle, but does not include—
(a) a licence issued under this Act; or
(b) a provisional or learner licence.
Note State includes the Northern Territory (see Legislation Act, dict, pt 1,
def State).
due date and time, for an improvement notice, for part 3.6 (General
administrative penalties)—see section 108.
employee—
(a) means an individual who works under a contract of employment,
apprenticeship or training; and
(b) for part 5.3 (Victimisation of people for reporting breaches and
assisting with investigations)—see section 185.
employer means a person who employs someone else under—
(a) a contract of employment, apprenticeship or training; or
(b) a contract for services.
employment order, for part 5.3 (Victimisation of people for reporting
breaches and assisting with investigations)—see section 189.
exclusion order—see section 137 (2).
exemption—see section 150.
fit, to drive a vehicle or run its engine—see section 16.
formal warning, for division 3.6.2 (Formal warnings)—
see section 116 (2).
goods too dangerous to be transported means—
(a) a substance or article prescribed by regulation as goods too
dangerous to be transported; or
(b) a substance or article determined by a competent authority, in
accordance with a regulation, to be goods too dangerous to be
transported.
home address, of a person, means the address of the place where the
person usually lives.
improvement notice—see section 109.
in a vehicle includes on the vehicle.
intelligent transport system means a system involving the use of
electronic or other technology (whether located in a vehicle, or on or
near a road, or elsewhere) that has the capacity and capability to
monitor, collect, store, display, analyse, transmit or report
information relating to—
(a) a vehicle or its equipment or load, the driver of a vehicle, the
operator of a fleet of vehicles or someone else involved in road
transport; and
(b) without limiting paragraph (a), whether a vehicle is being
operated in accordance with this Act.
internally reviewable decision, for chapter 4 (Notification and review
of decisions)—see section 169.
internal reviewer, for chapter 4 (Notification and review of
decisions)—see section 173.
internal review notice—see the ACT Civil and Administrative
Tribunal Act 2008, section 67B (1).
involvement in the transport of dangerous goods includes—
(a) importing, or arranging for the importation of, dangerous goods
into Australia; and
(b) packing dangerous goods for transport; and
(c) marking or labelling packages containing dangerous goods for
transport, and placarding vehicles and packaging on or in which
dangerous goods are transported; and
(d) consigning dangerous goods for transport including the
preparation of transport documentation; and
(e) loading dangerous goods for transport or unloading dangerous
goods that have been transported; and
(f) undertaking, or being responsible for, otherwise than as an
employee or sub-contractor, the transport of dangerous goods;
and
(g) driving a vehicle carrying dangerous goods by; and
(h) being the consignee of dangerous goods transported; and
(i) being involved as a director, secretary or manager of a
corporation, or other person who takes part in the management
of a corporation, that takes part in an activity covered by this
definition.
jurisdiction means the Commonwealth, a State, an external territory
or internal territory.
light rail—see the Road Transport (General) Act 1999, dictionary.
loader, of goods for transport—see section 13.
loads, goods for transport—see section 13.
Ministerial Council means a body (however described) that consists
of the Minister of the Commonwealth, and the Minister of each State
and Territory, who is responsible, or principally responsible, for
matters relating to transport.
motor vehicle—see the Road Transport (General) Act 1999,
dictionary.
occupier, of premises or a vehicle, for part 3.5 (Enforcement)—see
section 68.
offence, for part 3.5 (Enforcement)—see section 68.
offender—
(a) for division 3.6.1 (Improvements notices)—see section 109; and
(b) for division 3.6.2 (Formal warnings)—see section 116; and
(c) for part 3.9 (Compensation orders)—see section 142.
operator, of a vehicle—see section 14.
owner, of a vehicle, means a person who—
(a) is the sole or joint owner or part owner of the vehicle; or
(b) has possession or use of the vehicle under a credit,
hire-purchase, lease or other agreement, other than an agreement
requiring the vehicle to be registered in the name of someone
else.
package, in relation to goods, is the complete product of the packing
of the goods for transport, and consists of the goods and their
packaging.
packaging, in relation to goods—see section 11.
packer, of goods for transport—see section 12.
packs, goods for transport—see section 12.
part 3.2 vehicle—see section 38.
placard means a label or emergency information panel that is
required by regulation to be used in transporting dangerous goods.
placard load means a load of dangerous goods that must be placarded
under a regulation.
premises includes a structure, whether permanent or temporary, and
land, but does not include a vehicle.
prime contractor, in relation to 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.
prohibition notice—see section 119.
protected information, for part 5.1 (Secrecy and information
sharing)—see section 177.
public agency, for part 5.3 (Victimisation of people for reporting
breaches and assisting with investigations)—see section 185.
public authority means—
(a) an Australian government in any capacity; or
(b) a body established under a law, or the holder of an office
established under a law, for a public purpose, including a local
government authority; or
(c) a police force or police service.
qualified, to drive a vehicle or run its engine—see section 15.
reciprocal powers agreement—see section 26.
recovery of costs order, for part 3.9 (Compensation orders)—
see section 146A (2).
registered operator, of a vehicle, means—
(a) for a vehicle registered under the Road Transport (Vehicle
Registration) Act 1999—a person recorded in the registrable
vehicles register kept under that Act as a registered operator of
the vehicle; or
(b) for a vehicle registered under the law of another jurisdiction—a
person recorded in the register of the other jurisdiction
corresponding to the registrable vehicles register as a registered
operator (however described) of the vehicle.
relevant person, for part 5.1 (Secrecy and information sharing)—
see section 177.
responsible person—
(a) for this Act generally—for an authorised person, means—
(i) for an authorised person other than a police officer—
the appointing competent authority; or
(ii) for a police officer—a senior police officer; and
(b) for division 3.5.6 (Dealing with seized things)—see section 96.
reviewable decision, for chapter 4 (Notification and review of
decisions)—see section 169.
road—see the Road Transport (General) Act 1999, dictionary.
road infrastructure—
(a) includes—
(i) a road, or road related area, including its surface or
pavement; and
(ii) anything under or supporting a road, or road related area,
or its surface or pavement and maintained by the Territory
or Commonwealth; and
(iii) any bridge, tunnel, causeway, ford or other work or
structure forming part of a road system, or road related area
system, or supporting a road or road related area; and
(iv) any bridge or other work or structure located above, in or
on a road or road related area and maintained by the
Territory or Commonwealth; and
(v) any traffic control devices, railway (including light rail) or
tramway equipment, electricity equipment, emergency
telephone systems or any other facilities (whether of the
same or a different kind) in, on, over, under or connected
with anything mentioned in subparagraphs (i) to (iv); and
(vi) anything else prescribed by regulation as road
infrastructure; but
(b) does not include anything prescribed by regulation as not road
infrastructure.
road related area—see the Road Transport (General) Act 1999,
dictionary.
roads compensation order, for part 3.9 (Compensation orders)—
see section 142.
road transport legislation—see the Road Transport (General)
Act 1999, section 6.
senior police officer means the chief police officer or another police
officer of or above the rank of superintendent.
supervisory intervention order—see section 133 (2).
tank vehicle means a vehicle—
(a) of which a tank forms part; or
(b) to which a tank (other than a portable tank) is attached.
trailer—see the Road Transport (General) Act 1999, dictionary.
transport, in relation to dangerous goods, includes—
(a) the packing, loading and unloading of the goods, and the transfer
of the goods to or from a vehicle, for the purpose of their
transport; and
(b) the marking or labelling of packages containing dangerous
goods, and the placarding of vehicles and packaging on or in
which dangerous goods are transported; and
(c) other matters incidental to their transport.
transport documentation means documentation required by
regulation for the transport of dangerous goods.
two-up driver means a person accompanying a driver of a vehicle on
a journey or part of a journey, who has been, is or will be sharing the
task of driving the vehicle during the journey.
unattended—see section 18.
vehicle—see the Road Transport (General) Act 1999, dictionary.
warrant, for part 3.5 (Enforcement)—see section 68.
About the endnotes 1
1 About the endnotes
Amending and modifying laws are annotated in the legislation history and the
amendment history. Current modifications are not included in the republished law
but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are
annotated in the amendment history. Full details of any amendments can be
obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law. The details
of these laws are underlined in the legislation history. Uncommenced expiries are
underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered
provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.