| S.R. No. | Title |
| 166/2008 | Dangerous Goods (Transport by Road or Rail) Regulations 2008 |
| 91/2015 | Dangerous Goods (Transport by Road or Rail) Amendment Regulations 2015 |
| 156/2015 | Dangerous Goods (Transport by Road or Rail) Further Amendment Regulations 2015 |
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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 (Transport by Road or Rail) Regulations 2018, S.R. No. 155/2018 were made on 10 October 2018 by the Governor in Council under section 52 of the Dangerous Goods Act 1985, No. 10189/1985 and came into operation on 25 October 2018: regulation 3.
The Dangerous Goods (Transport by Road or Rail) Regulations 2018 will sunset 10 years after the day of making on 10 October 2028 (see section 5 of the Subordinate Legislation Act 1994).
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 regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).
• Examples, diagrams or notes
All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).
• Punctuation
All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).
• Provision numbers
All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule 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 a Statutory Rule 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 a Statutory Rule. See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Dangerous Goods (Transport by Road or Rail) Regulations 2018 by statutory rules, subordinate instruments and Acts.
The Competent Authorities Panel Rules made by the National Transport Commission, on 13 June 2008 and with amendments endorsed by the Transport and Infrastructure Council on 18 May 2018. ↑
Reg. 246(1): S.R. No. 37/2011. Reprint No. 1 as at 12 May 2016. Reprinted to S.R. No. 91/2015. Subsequently amended by
S.R. Nos 90/2016, 2/2017 and 22/2017. ↑
Reg. 247(1): S.R. No. 132/2012 as amended by S.R. Nos 56/2014, 91/2015 and 22/2017.
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Fee Units
These Regulations provide for fees by reference to fee units within the meaning of the Monetary Units Act 2004.
The amount of the fee is to be calculated, in accordance with section 7 of that Act, by multiplying the number of fee units applicable by the value of a fee unit.
The value of a fee unit for the financial year commencing 1 July 2023 is $15.90. The amount of the calculated fee may be rounded to the nearest 10 cents.
The value of a fee unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a fee unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.
Penalty Units
These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit.
The value of a penalty unit for the financial year commencing 1 July 2023 is $192.31. The amount of the calculated penalty may be rounded to the nearest dollar.
The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.
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The following table of applied, adopted or incorporated matter was included in S.R. No. 155/2018 in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2014.
| **Statutory rule provision** | **Title of applied, adopted or incorporated document** | **Matter in applied, adopted or incorporated document** |
| Regulations 1(c), 5 (definitions of ***Dangerous Goods List***, ***foreign approved***, ***outer packaging***, ***service equipment***, ***special provision***, ***structural equipment***, ***transport documentation***, ***UN Number***), 6(2), 10(2)(a), 10(2)(e), 11, 13(1)(a), 13(2)(b), 13(2)(c), 15(3)(a), 15(3)(g), 25(2)(a), 29(a), 36(b)(ii), 38(1), 39(a), 39(c), 40(b), 41(b), 42(b), 43(1)(a), 51, 52(1)(a), 52(1)(b), 52(1)(c), 52(2), 53, 54(1), 54(3)(b), 55(1)(a), 56(1)(a), 56(2)(a), 56(3)(b), 57(1), 58(3)(a), 59(2)(a), 59(2)(b), 61(2), 62(2), 67, 69(1)(b), 69(2)(b), 70(2), 72(1)(b), 72(2)(b), 73(b), 74(a), 75(a), 76(a), 77(a), 78(a), 79, 84, 89, 90, 91, 92, 93, | Australian Code for the Transport of Dangerous Goods by Road and Rail, published by the National Transport Commission, Edition 7.6, 2018 published in May 2018 | The whole |
| **Statutory rule provision** | **Title of applied, adopted or incorporated document** | **Matter in applied, adopted or incorporated document** |
| 94(1), 95, 96, 97, 98, 103, 104, 105, 106, 109(b)(i), 110(b)(i), 111(b)(i), 112(b)(i), 113(b)(i), 114(1), 114(2), 115(1), 117(2)(a), 118(1)(a), 119(1)(a), 119(2)(a), 119(3), 120(1)(a), 120(2)(a), 120(3), 121(a), 123, 124, 125, 129(b), 131(1)(b), 133(1), 134, 136(1), 138(1), 140, 141(a), 142(1)(a), 143(1)(a), 143(2), 143(3), 144(2)(a), 147, 148, 150, 151, 152, 172(1)(e), 174(b)(iv), 185(b)(iii), 213(2)(b), 245 | | |
| Regulations 5 (definition of ***Assessing Fitness to Drive Medical Standards***), 200 and 207 | Assessing Fitness to Drive for commercial and private vehicle drivers. Medical standards for licensing and clinical management guidelines, Fifth Edition published 1 August 2017 by Austroads Ltd | The whole |
| Regulation 5 (definition of ***freight container***) | Australian/New Zealand Standard AS/NZS 3711.1:2015, Freight containers – Classification, dimensions and ratings, published 11 June 2015 by Standards Australia | The whole |
| **Statutory rule provision** | **Title of applied, adopted or incorporated document** | **Matter in applied, adopted or incorporated document** |
| Regulations 5 (definitions of ***ICAO approved*** and ***ICAO Technical Instructions***), 80(4), 81(4), 82(4), 85(4), 86(4) and 87(4) | Technical Instructions for The Safe Transport of Dangerous Goods by Air, published by the International Civil Aviation Organization Doc 9284-AN/905 2017-2018 Edition | The whole |
| Regulations 5 (definitions of ***IMDG Code*** and ***IMO approved***), 80(4), 81(4), 82(4), 85(4), 86(4) and 87(4) | International Maritime Dangerous Goods Code, Edition published in 2016 by the International Maritime Organization | The whole |
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The following table of applied, adopted or incorporated matter was included in S.R. No. 27/2021 in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2014.
In this table—
ADG Code Edition 7.7 means the Australian Code for the Transport of Dangerous Goods by Road & Rail, published by the National Transport Commission, Edition 7.7, 2020 published in June 2020;
Principal Regulations means the Dangerous Goods (Transport by Road or Rail) Regulations 2018.
| **Statutory rule provision** | **Title of applied, adopted or incorporated document** | **Matter in applied, adopted or incorporated document** |
| Regulation 6 which substitutes regulation 50 in the Principal Regulations | ADG Code Edition 7.7 | Chapters 3.4 and 3.5 |
| **Statutory rule provision** | **Title of applied, adopted or incorporated document** | **Matter in applied, adopted or incorporated document** |
| Regulation 7 which amends regulation 52(1) of the Principal Regulations | ADG Code Edition 7.7 | Chapters 3.4 and 3.5 |
| Regulation 8 which amends regulation 59(a) and (b) of the Principal Regulations | ADG Code Edition 7.7 | Chapters 3.4 and 3.5 |
| Regulation 13 which inserts regulation 102A and the definition of ***nominally empty storage*** ***vessel***, in the Principal Regulations | ADG Code Edition 7.7 | Section 7.2.7.1 |
| Regulation 13 which inserts regulations 102B, 102C, 102D and 102E in the Principal Regulations | ADG Code Edition 7.7 | Chapter 7.2 |
| Regulation 14 which inserts regulations 140A, 140B and 140C in the Principal Regulations | ADG Code Edition 7.7 | Section 3.4.12.1 |
| Regulation 16 which inserts regulations 152A, 152B, 152C and 152D in the Principal Regulations | ADG Code Edition 7.7 | Part 13 |
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The following table of applied, adopted or incorporated matter was included in S.R. No. 103/2023 in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2014.
In this table—
ADG Code Edition 7.8 means the Australian Code for the Transport of Dangerous Goods by Road & Rail, published by the National Transport Commission, Edition 7.8, 2022 published in March 2023;
Principal Regulations means the Dangerous Goods (Transport by Road or Rail) Regulations 2018.
| **Statutory rule provision** | **Title of applied, adopted or incorporated document** | **Matter in applied, adopted or incorporated document** |
| Regulation 5 which amends regulation 5 of the Principal Regulations | ADG Code Edition 7.8 | Section 1.2.1 |
| Regulation 7 which substitutes regulation 15 of the Principal Regulations | ADG Code Edition 7.8 | Section 2.2.1.1 |
| Regulation 8 which inserts regulation 22A in the Principal Regulations | ADG Code Edition 7.8 | Part 2 and Chapters 3.2 and 3.3 |
| Regulation 11 which amends regulation 67 of the Principal Regulations | ADG Code Edition 7.8 | Chapter 6.7 and sections 6.9.2.10 and 6.10.2.2 |
| Regulation 12 which amends regulations 89, 90, 91, 92 and 93 of the Principal Regulations | ADG Code Edition 7.8 | Chapter 6.10 |
| **Statutory rule provision** | **Title of applied, adopted or incorporated document** | **Matter in applied, adopted or incorporated document** |
| Regulation 15 which amends regulation 213(2)(b) of the Principal Regulations | ADG Code Edition 7.8 | Chapter 6.10 |