Part 1.1 Internally reviewable decisions
under Act
item
1 109 (1) give improvement
2 110 (2) refuse to extend date
and time for
improvement notice
3 112 amend improvement
4 114 refuse to issue
clearance certificate
5 119 (2) give prohibition notice person given prohibition
6 124 (3) amend prohibition
person given prohibition
7 125 (1) refuse to withdraw
prohibition notice
person given prohibition
8 151 (2) refuse to grant
9 151 (3) put condition on
person granted exemption
10 155 (1) cancel exemption person granted exemption
11 155 (2) amend or cancel
condition of exemption
put new condition on
person granted exemption
Part 1.2 Internally reviewable decisions under this regulation
Part 1.2 Internally reviewable decisions
under this regulation
item
1 28 (1) (a) refuse to approve test
of competence
2 28 (1) (b) refuse to approve
training course
3 29 (1) or (2) refuse to make
determination about
4 30 (1) refuse to make
determination about
vehicle, route, area or
time
5 32 make administrative
determination subject
to condition
6 50 (1) refuse to approve
packaging design
7 50 (3) put condition on
approval of packaging
design
8 53 (1) refuse to approve
method of preparing
overpack
9 53 (2) put condition on
approval of method or
preparing overpack
10 117 (2) refuse to approve
design for segregation
device
Reviewable decisions Schedule 1
Internally reviewable decisions under this regulation Part 1.2
item
11 118 (1) refuse to approve
method of segregation
12 118 (2) put condition on
approval of segregation
device
13 141 refuse to approve
emergency information
14 188 cancel or vary
person to whom
determination or approval
applies
15 190 (2) refuse to vary
16 191 (3) cancel or vary
person to whom
determination or approval
applies
17 202 refuse to issue
18 204 refuse to renew
19 206 grant or renew
licence subject to
condition
20 208 cancel, suspend or vary
Part 1.2 Internally reviewable decisions under this regulation
item
21 213 refuse to issue
22 215 refuse to renew
23 217 grant or renew
vehicle licence subject
to condition
24 219 cancel, suspend or vary
25 222 refuse to issue
replacement licence
26 239 (3) refuse to give approval
for use of uninsured
vehicle
(see s 3)
Note 1 The Legislation Act contains definitions and other provisions relevant to
this regulation.
Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms:
• entity
• State.
Note 3 Terms used in this regulation have the same meaning that they have in
the Dangerous Goods (Road Transport) Act 2009 (see Legislation Act,
s 148). For example, the following terms are defined in the Dangerous
Goods (Road Transport) Act 2009, dict:
• another jurisdiction
• authorised person
• consignor
• consigns
• corresponding authority
• corresponding law
• dangerous situation
• driver licence
• exemption
• in, a vehicle
• involvement in the transport of dangerous goods
• jurisdiction
• loader
• loads
• Ministerial Council
• owner, of a vehicle
• package
• packaging
• packer
• packs
• placard load
• premises
Part Part 1 - Dangerous Goods (Road Transport) Regulation 2010 - 1 Internally reviewable decisions | Zoe
• prime contractor
• tank vehicle
• trailer
• transport
• vehicle.
ADG code means the Australian Code for the Transport of
Dangerous Goods by Road and Rail, edition 7.8.
Note The ADG code does not need to be notified under the Legislation Act
because s 47 (5) does not apply (see s 23). The code is accessible at
www.ntc.gov.au.
administrative determination—see section 31.
ADR approved means approved in accordance with the European
Agreement Concerning the International Carriage of Dangerous
Goods by Road published by the Inland Transport Committee of the
Economic Commission for Europe.
AFG guidelines means the Assessing Fitness to Drive for
Commercial and Private Vehicle Drivers—Medical Standards for
Licensing and Clinical Management Guidelines, 2022 edition,
published by Austroads Limited ABN 16 245 787 323.
Note The AFG guidelines does not need to be notified under the Legislation
Act because s 47 (5) does not apply (see s 23). The guidelines are
accessible at www.austroads.com.au.
aggregate quantity, for a load containing dangerous goods, means the
total of—
(a) the number of kilograms of the following in the load—
(i) solid dangerous goods; and
(ii) articles (including aerosols); and
(b) the number of litres or kilograms (as used in the transport
documentation for the load to describe the goods) of liquid
dangerous goods in the load; and
(c) the total capacity in litres of receptacles in the load containing
dangerous goods of UN class 2 (except aerosols).
ANZ-ERG means the 2021 Australian & New Zealand Emergency
Response Guide Book published by CAP.
Note The ANZ-ERG does not need to be notified under the Legislation Act
because s 47 (5) does not apply (see s 23). The guide book is accessible
at www.ntc.gov.au.
appropriately marked, for part 7.1 (Marking and labelling)—see
section 77.
appropriately placarded, for part 7.2 (Placarding)—see section 84.
approval means an approval by the competent authority or an
authorised body that is in effect.
approved packaging means—
(a) packaging of a design that is approved under section 50; or
(b) foreign approved packaging.
approved tank means—
(a) a tank of a design that is approved under section 50; or
(b) a foreign approved tank.
approved test means a test that is approved under section 28.
approved training course means a training course that is approved
under section 28.
article—
(a) means a manufactured item, other than a fluid or particle—
(i) formed into a particular shape or design during
manufacture; and
(ii) that has a hazard property and function wholly or partly
dependent on that shape or design; and
(b) includes any of the following:
(i) a battery;
(ii) an aerosol;
(iii) a gas-filled lighter;
(iv) a seatbelt pretensioner;
(v) a refrigerating machine.
authorised body means an entity authorised to issue approvals under
section 55.
bulk container—see section 16.
bulk transfer, for chapter 12 (Bulk transfer of dangerous goods—
general)—see section 120.
CAP—see competent authorities panel.
capacity means the total internal volume of packaging at a
temperature of 15° celsius, expressed in litres or cubic metres.
cargo transport unit means—
(a) a freight container; or
(b) an MEGC; or
(c) a tank; or
(d) a transport unit.
competent authorities panel (or CAP) means the body established by
the competent authorities panel rules made by the National Transport
Commission on 16 June 2008 and approved by the Ministerial
Council.
competent authority means the entity declared to be the competent
authority for this regulation under the Act, section 20.
compliance plate means a plate that must be attached to a portable
tank, MEGC or tank vehicle under the ADG code, part 6 and includes
identification plates.
corresponding approval means an approval to which section 167
applies.
corresponding dangerous goods driver licence means a licence to
which section 168 applies that has effect in the ACT as a dangerous
goods driver licence.
corresponding dangerous goods vehicle licence means a licence to
which section 168 applies that has effect in the ACT as a dangerous
goods vehicle licence.
corresponding determination means a determination to which
section 165 applies.
corresponding exemption means an exemption to which section 166
applies.
dangerous goods—see section 9.
dangerous goods driver licence means a licence that is in force under
part 20.3.
dangerous goods list means the list set out in the ADG code,
section 3.2.3.
Note The ADG code, s 3.2.3 lists goods that are dangerous goods because they
satisfy the criteria mentioned in the ADG code, pt 2.
dangerous goods vehicle licence means a licence that is in force
under part 20.4.
demountable tank means a tank, other than a portable tank, that is
designed to be carried on a vehicle but that does not form part of and
is not permanently attached to the vehicle and is designed to be
removable.
determination means a determination that is made by the competent
authority under chapter 3 that is in effect.
emergency service means—
(a) an ambulance, fire, police or other emergency service of a
participating jurisdiction; or
(b) a unit of the defence force corresponding to a service mentioned
in paragraph (a).
food includes—
(a) a substance prepared or intended for human or animal
consumption; and
(b) a substance (except dangerous goods) intended to be an
ingredient of food.
food packaging means—
(a) a receptacle that contains, or is designed or intended to contain,
food; or
(b) material designed or intended to be used in a receptacle that is
designed or intended to contain food; or
(c) plastic wrapping intended for the packaging of food.
foreign approved, in relation to packaging, means packaging that has
the markings required by the ADG code, part 6 for packaging of its
type, in confirmation that the packaging is ADR, ICAO, IMO, RID
or UN approved.
Note Types of foreign approved packaging include, but are not limited to bulk
containers, IBCs, large packagings, MEGCs, portable tanks, pressure
drums and tubes that are ADR, ICAO, IMO, RID or UN approved.
freight container means a permanent container that—
(a) is suitable for repeated use; and
(b) is designed to facilitate—
(i) the transport of goods by 1 or more kinds of transport so
the goods do not need to be unloaded and reloaded if the
container is transferred from 1 kind to another; and
(ii) the ease of loading and unloading of goods from the
container; and
(c) is fitted with a device that allows the container to be stowed and
handled, particularly when transferring the container from
1 kind of transport to another; and
(d) if the container is used to transport goods other than radioactive
material—has an internal volume of at least 1m3.
general packaging, for part 6.3 (Offences—general packaging)—see
section 58.
goods too dangerous to be transported—see section 10.
hose assembly means a hose, or hoses connected together, for use in
the transfer of dangerous goods to or from a tank on a vehicle,
portable tank or storage receptacle and includes—
(a) if there are 2 or more hoses connected together—the
connections between the hoses; and
(b) the attachment connecting the hose or hoses to the tank; and
(c) anything else (except the vehicle, portable tank or storage
receptacle) attached to the hose or hoses.
IBC—see intermediate bulk container.
ICAO approved means approved in accordance with the Technical
Instructions for the Safe Transport of Dangerous Goods by Air
published by the International Civil Aviation Organisation.
ICAO technical instructions means the Technical Instructions for the
Safe Transport of Dangerous Goods by Air, 2023-2024 edition
published by the International Civil Aviation Organization.
Note The ICAO technical instructions do not need to be notified under the
Legislation Act because s 47 (5) does not apply (see s 23). The
instructions may be purchased at store.icao.int.
IMDG code means the International Maritime Dangerous Goods
Code, 2022 edition published by the International Maritime
Organization.
Note The IMDG code does not need to be notified under the Legislation Act
because s 47 (5) does not apply (see s 23). The code may be purchased at
imo.org.
IMO approved means approved in accordance with the International
Maritime Dangerous Goods Code published by the International
Maritime Organisation.
incompatible—see section 14.
inner packaging—see the ADG code, section 1.2.1.
intermediate bulk container (or IBC)—see section 17.
intermediate packaging—see the ADG code, section 1.2.1.
journey means the transport of dangerous goods from where the
goods are consigned to where the goods are delivered to the
consignee.
large packaging means outer packaging that—
(a) contains an article or inner packaging; and
(b) is designed for mechanical handling; and
(c) has—
(i) a net mass of more than 400kg; or
(ii) a capacity of more than 450L; or
(iii) a volume of not more than 3m3.
licence—
(a) for part 20.5 (Licences generally)—see section 221; and
(b) for part 20.6 (Cancellation, suspension and variation)—see
section 230.
licensed vehicle means a vehicle for which a dangerous goods vehicle
licence is in force.
licensee—
(a) for part 20.5 (Licences generally)—see section 221; and
(b) for part 20.6 (Cancellation, suspension and variation)—see
section 230.
licensing authority, for chapter 20 (Licences)—see section 193.
load (noun)—see section 21.
Note Load (verb) and loader—see the Act, s 13.
MEGC—see multiple-element gas container.
multimodal means applicable to, or suitable for use on, more than
1 kind of transport.
multiple-element gas container (or MEGC)—see section 18.
NATA means the National Association of Testing Authorities.
National Transport Commission—see the National Transport
Commission Act 2003 (Cwlth), section 5.
nominally empty storage vessel, for part 9.3 (Nominally empty
storage vessels)—see section 106A.
other packaging, for part 6.4 (Offences—other packaging)—see
section 64.
outer packaging—see the ADG code, section 1.2.1.
overpack—see the ADG code, section 1.2.1.
packaging—see section 15.
Note Package, packs and packer—see the Act, dict.
packed in excepted quantities—see section 19A.
packed in limited quantities—see section 19.
packing group—see section 13.
participating jurisdiction means—
(a) this jurisdiction; or
(b) another State that has a corresponding law.
Note State includes the Northern Territory (see Legislation Act, dict, pt 1).
placard means a label or emergency information panel that is
displayed in accordance with the ADG code, chapter 5.3 on—
(a) a transport unit; or
(b) a container having 1 or more receptacles with a capacity of more
than 500kg or 500L.
placards, for part 7.2 (Placarding)—see section 84.
portable tank—
(a) means a tank used for the transport of a solid, liquid or gas that—
(i) includes a shell fitted with service equipment and structural
equipment necessary for the transport of the solid, liquid or
gas; and
(ii) can be loaded and unloaded without removing its structural
equipment; and
(iii) has stabilising components outside its shell; and
(iv) can be lifted when full; and
(v) is designed primarily to be loaded onto a vehicle or vessel;
and
(vi) is equipped with skids, mountings or other accessories to
facilitate mechanical handling; and
(vii) is—
(A) if transporting a UN class substance other than
substances of UN class 2—a multimodal tank; or
(B) if transporting non-refrigerated, liquefied gases of
UN class 2—a multimodal tank with a capacity of
more than 450L; and
(C) if transporting refrigerated, liquefied gases of UN
class 2—is a thermally insulated tank with a capacity
of more than 450L; but
(b) does not include a thing that is not considered a portable tank
under the ADG code, section 1.2.1, definition of portable tank.
pressure drum means a welded transportable pressure receptacle of a
water capacity exceeding 150L and of not more than 1 000L.
Examples—transportable receptacle
• cylindrical receptacles equipped with rolling hoops
• spheres on skids
receptacle, for a substance or article, means a container that is—
(a) for receiving and holding the substance or article (including
anything that enables the container to be closed); and
(b) in contact with the substance or article.
recognised testing facility, for part 5.2 (Suitability and design of
packaging)—see section 46.
register—see section 160.
registered means registered under a Commonwealth, State or
Territory law.
required emergency information, for part 13.2 (Emergency
information)—see section 137.
RID approved means approved in accordance with the International
Regulations Concerning the Carriage of Dangerous Goods by Rail
published by the Inland Transport Committee of the Economic
Commission for Europe.
risk means risk of personal injury, death, property damage or harm to
the environment.
road includes a road related area.
service equipment, for a tank or MEGC, has the meaning given in the
ADG code, section 6.7.2.1, 6.7.3.1, 6.7.4.1 or 6.7.5.1 for the tank or
MEGC.
structural equipment, for a tank or MEGC, has the meaning given in
the ADG code, section 6.7.2.1, 6.7.3.1, 6.7.4.1 or 6.7.5.1 for the tank
or MEGC.
subsidiary hazard—see section 12.
tank—see section 20.
transport unit means—
(a) a vehicle; or
(b) a portable tank; or
(c) a bulk container; or
(d) a freight container.
tube—see the ADG code, section 1.2.1.
UN approved means approved outside Australia under the United
Nations Model Regulations for the Transport of Dangerous Goods
published by the United Nations.
UN category—see section 11.
UN class—see section 11.
UN division—see section 11.
vehicle, for part 20.4 (Dangerous goods vehicle licences)—see
section 210.