The Regulations set out in Schedule 1 are revoked.
Division 2—Interpretation
Subdivision 1—General
5 Definitions
In these Regulations, unless the contrary intention appears—
administrative determination has the meaning given by regulation 32;
aggregate quantity, in relation to a load containing dangerous goods, means the total of—
(a) the number of kilograms of—
(i) solid dangerous goods; and
(ii) articles, including aerosols—
in the load; and
(b) the number of litres or kilograms, being whichever is 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);
appropriately marked has the meaning given by regulation 79;
appropriately placarded has the meaning given by regulation 84;
approval means an approval by the Authority or an authorised body under these Regulations which is in effect;
approved packaging means—
(a) packaging of a design that is approved under regulation 55; or
(b) foreign approved packaging;
approved tank means—
(a) a tank of a design that is approved under regulation 55; or
(b) a foreign approved tank;
approved test means a test that is approved under regulation 28(1)(a);
approved training course means a training course that is approved under regulation 28(1)(b);
article means a manufactured item, other than a fluid or particle, that—
(a) is formed into a particular shape or design during manufacture; and
(b) has hazardous properties and a function that are wholly or partly dependent on that shape or design—
and includes batteries, aerosols, gas-filled lighters, seat belt pre-tensioners and refrigerating machines;
Assessing Fitness to Drive Medical Standards means the "Assessing Fitness to Drive for commercial and private vehicle drivers. 2016 Medical standards for licensing and clinical management guidelines", published by Austroads Ltd, as amended from time to time;
Section 4 - Dangerous Goods (Transport by Road or Rail) Regulations 2018 - Revocation | Zoe
authorised body means a person or body authorised to issue approvals under regulation 58;
bulk container has the meaning given by regulation 10;
capacity means the total internal volume of a packaging at a temperature of 15°C, expressed in litres or cubic metres;
cargo transport unit means—
(a) a road transport tank or freight vehicle; or
(b) a railway transport tank or freight wagon; or
(c) a portable tank; or
(d) a bulk container; or
(e) a freight container; or
(f) a MEGC;
Competent Authorities Panel or CAP means the body established by the Competent Authorities Panel Rules[1];
consigns and consignor have the meaning given by regulation 19;
corresponding approval means an approval to which regulation 166 applies;
corresponding dangerous goods driver licence means a licence to which regulation 167 applies that has effect in Victoria as a dangerous goods driver licence;
corresponding dangerous goods vehicle licence means a licence to which regulation 167 applies that has effect in Victoria as a dangerous goods vehicle licence;
corresponding determination means a determination to which regulation 164 applies;
corresponding exemption means an exemption to which regulation 165 applies;
Reg. 5 def. of dangerous goods revoked by S.R. No. 103/2023 reg. 5(4).
dangerous goods driver licence means a licence that is in effect under Division 3 of Part 18;
Dangerous Goods List means the list set out in section 3.2.3 of the ADG Code;
dangerous goods vehicle licence means a licence that is in effect under Division 4 of Part 18;
dangerous situation means a situation that is causing or is likely to cause imminent risk of—
(a) death or serious injury to a person; or
(b) significant harm to the environment; or
(c) significant damage to property;
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 Authority under Division 6 of this Part and that is in effect;
driver licence means a licence (other than a provisional or learner licence) issued under a State or Territory law authorising the licensee to drive a road vehicle;
driver licences register means a register kept by the driver licensing authority of the relevant State or Territory containing information about any licence authorising the licensee to drive a road vehicle;
emergency service means—
(a) an urban or rural fire brigade (including the Country Fire Authority) within the meaning of the Country Fire Authority Act 1958; or
(b) a metropolitan fire brigade; or
(c) Ambulance Service—Victoria within the meaning of the Ambulance Services Act 1986; or
(d) the Victoria State Emergency Service Authority established under section 4 of the Victoria State Emergency Service Act 2005; or
(e) Victoria Police within the meaning of the Victoria Police Act 2013; or
(f) an ambulance, fire, police or other emergency service of a participating jurisdiction; or
(g) a unit of the Defence Force corresponding to a service mentioned in paragraphs (a) to (f);
Reg. 5 def. of empty dangerous goods packaging revoked by S.R. No. 27/2021 reg. 5.
exemption means an exemption in force under Part 16;
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;
Reg. 5 def. of food packaging amended by S.R. No. 103/2023 reg. 5(3).
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 originated outside Australia and that has the markings required by Part 6 of the ADG Code for packaging of its type;
Reg. 5 def. of freight container substituted by S.R. No. 103/2023 reg. 5(2)(a).
freight container means a container that—
(a) is of a permanent character suitable for repeated use; and
(b) is designed to facilitate the transport of goods by one or more modes of transport, without the need for the goods to be unloaded and reloaded when the container is transferred from one mode to another; and
(c) is fitted with devices that permit the ready stowage and handling of the container, particularly in relation to the transfer of the container from one mode of transport to another; and
(d) is designed in a way that facilitates the ease of loading and unloading of goods from the container; and
(e) if used to transport goods other than radioactive material, has an internal volume of not less than 1 m3;
goods too dangerous to be transported has the meaning given by regulation 39;
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 or intermediate bulk container has the meaning given by regulation 11;
ICAO approved means approved in accordance with the ICAO Technical Instructions;
ICAO Technical Instructions means the Technical Instructions for the Safe Transport of Dangerous Goods by Air published by the International Civil Aviation Organization (ICAO), as amended from time to time;
IMDG Code means the "International Maritime Dangerous Goods Code" published by the International Maritime Organization (IMO), as amended from time to time;
IMO approved means approved in accordance with the IMDG Code;
incompatible, in relation to dangerous goods or other goods, has the meaning given by regulation 43;
Reg. 5 def. of inner packaging substituted by S.R. No. 103/2023 reg. 5(2)(b).
inner packaging has the same meaning as in section 1.2.1 of the ADG Code;
Reg. 5 def. of intermediate packaging inserted by S.R. No. 103/2023 reg. 5(1).
intermediate packaging has the same meaning as in section 1.2.1 of the ADG Code;
jurisdiction means the Commonwealth or a State or Territory;
Reg. 5 def. of large packaging substituted by S.R. No. 103/2023 reg. 5(2)(c).
large packaging means packaging that—
(a) consists of outer packaging that contains articles or inner packaging; and
(b) is designed for mechanical handling; and
(c) has—
(i) a net mass of more than 400 kg or a capacity of more than 450 litres; and
(ii) a volume of not more than 3 m3;
licensed vehicle means a vehicle for which a dangerous goods vehicle licence is in force;
load (noun) has the meaning given by regulation 16;
loads (verb) and loader have the meanings given by regulation 21;
MEGC or multiple‑element gas container has the meaning given by regulation 12;
Reg. 5 def. of Ministerial Council inserted by S.R. No. 103/2023 reg. 5(1).
Ministerial Council means the 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 infrastructure and transport;
mobile processing unit means a vehicle, or a moveable piece of equipment, designed to transport the constituents of a bulk ammonium nitrate‑based explosive to the place where the explosive will be manufactured and used, but does not include a trailer;
motor vehicle has the same meaning as it has in the Road Safety Act 1986;
multimodal means applicable to, or suitable for use on, more than one mode of transport;
NATA means the National Association of Testing Authorities, Australia;
National Transport Commission is a body corporate established under section 5 of the National Transport Commission Act 2003 of the Commonwealth;
Reg. 5 def. of outer packaging substituted by S.R. No. 103/2023 reg. 5(2)(d).
outer packaging has the same meaning as in section 1.2.1 of the ADG Code;
Reg. 5 def. of overpack substituted by S.R. No. 103/2023 reg. 5(2)(e).
overpack means an enclosure, other than large packaging, used to contain one or more packages in a way that forms one unit for convenience of stowage and handling during transport;
Examples
• an enclosure comprised of packages placed or stacked on a pallet and secured by strapping, shrink wrapping, stretch wrapping or another suitable way;
• an enclosure comprised of packages placed in protective outer packaging like a box or crate.
owner, of a vehicle, has the meaning given by regulation 18;
package, in relation to goods, means the complete product of the packing of the goods for transport, and consists of goods and their packaging;
Reg. 5 def. of packaging substituted by S.R. No. 103/2023 reg. 5(2)(f).
packaging includes—
(a) inner packaging, intermediate packaging, outer packaging, an overpack, large packaging, an IBC, an MEGC, a tank (including the tank of a tank vehicle), a bulk container, a freight container, a drum, a barrel, a jerry can, a box and a bag; and
(b) any other components or materials used for containing the contents of the packaging or to perform another safety function in relation to the transport of the packaging and its contents;
packed in excepted quantities has the meaning given in regulation 13(2);
packed in limited quantities has the meaning given by regulation 13(1);
Packing Group has the meaning given by regulation 42;
packs and packer have the meanings given by regulation 20;
participating jurisdiction means—
(a) the State of Victoria; and
(b) another State or a Territory that has a law corresponding or substantially corresponding to these Regulations;
person connected with Victoria has the meaning given by regulation 17;
placard has the meaning given by regulation 84(1);
placard load has the meaning given under regulation 83;
Reg. 5 def. of portable tank substituted by S.R. No. 103/2023 reg. 5(2)(g).
portable tank means a tank, used for the transport of a solid, liquid or gas, that—
(a) includes a shell fitted with service equipment and structural equipment necessary for the transport of the solid, liquid or gas; and
(b) is capable of being loaded and unloaded without removing its structural equipment; and
(c) has stabilising components external to its shell and is capable of being lifted when full; and
(d) is designed primarily to be loaded on to a vehicle or vessel and is equipped with skids, mountings or accessories to facilitate mechanical handling; and
(e) if used for transporting a substance of UN Class 1 and UN Class 3 to 9, is a multimodal tank; and
(f) if used for transporting non‑refrigerated, liquefied gases of UN Class 2, is a multimodal tank having a capacity of more than 450 litres; and
(g) if used for transporting refrigerated, liquefied gases of UN Class 2, is a thermally insulated tank having a capacity of more than 450 litres—
but does not include a tank, container or other item specified in section 1.2.1 of the ADG Code as an item not considered to be a portable tank;
pressure drum means a welded transportable pressure receptacle of a capacity exceeding 150 litres and of not more than 1000 litres;
prime contractor has the meaning given by regulation 22(1);
prime mover means a road vehicle that is designed to tow a trailer but does not include a vehicle that has a load carrying capacity in addition to a trailer;
provisional licence means a provisional or probationary licence (but not a learner permit) issued under a State or Territory law authorising the licensee to drive a road vehicle;
rail operator has the meaning given by regulation 22(2);
Reg. 5 def. of rail tank wagon inserted by S.R. No. 103/2023 reg. 5(1).
rail tank wagon means a rail wagon of which a tank forms an integral part;
rail vehicle means a vehicle consisting only of a unit or units of rolling stock;
Reg. 5 def. of rail wagon inserted by S.R. No. 103/2023 reg. 5(1).
rail wagon means a unit of rolling stock that—
(a) is designed to carry freight by rail; and
(b) bears a unique identifying number or alphanumeric identifier;
receptacle, in relation to a substance or article, means a container that is—
(a) used 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;
registered, in relation to a vehicle, means registered under a Commonwealth, State or Territory law;
risk means risk of personal injury, death, property damage or harm to the environment;
road and road related area have the meanings given by regulation 14;
road vehicle (except in Part 20) means a vehicle that does not consist of a unit or units of rolling stock;
service equipment, in relation to a tank or MEGC, has the meaning given in section 6.7.2.1, 6.7.3.1, 6.7.4.1 or 6.7.5.1, as the case requires, of the ADG Code;
special provision, for the purposes of Part 3, means the special provisions specified in column 6 of the Dangerous Goods List and listed in Chapter 3.3 of the ADG Code;
structural equipment, in relation to a tank or MEGC, has the meaning given in section 6.7.2.1, 6.7.3.1, 6.7.4.1 or 6.7.5.1, as the case requires, of the ADG Code;
Subsidiary Hazard has the meaning given by regulation 41;
tank has the meaning given by regulation 15;
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;
the Act means the Dangerous Goods Act 1985;
trailer means a road vehicle that is designed to be towed, or is towed, by another vehicle but does not include a road vehicle propelled by a motor that forms part of a vehicle;
train means 2 or more units of rolling stock (at least one unit of which is a locomotive or self‑propelled unit) that are coupled together;
Rail wagon, rail tank wagon, locomotive, guard's van, crew or passenger carriage and track maintenance vehicle are units of rolling stock.
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 the goods, and the placarding of cargo transport units in or on which the goods are transported; and
(c) other matters incidental to the transport of the goods;
Reg. 5 def. of Transport and Infrastructure Council revoked by S.R. No. 103/2023 reg. 5(4).
transport documentation means documentation prepared in accordance with Chapter 11.1 of the ADG Code;
Reg. 5 def. of tube substituted by S.R. No. 103/2023 reg. 5(2)(h).
tube means a pressure receptacle of seamless or composite construction having a water capacity of more than 150 litres but not more than 3000 litres;
UN Class, for dangerous goods, means the class to which dangerous goods belong in accordance with regulation 40;
UN Division, for dangerous goods, means the division to which dangerous goods of a particular UN Class belong in accordance with regulation 40;
UN Number has the same meaning as in the ADG Code.