Dangerous Substances (Dangerous Goods Transport) Regulations 2023
Part 4of the Act and this Part are in addition to any other law in force in this State about—
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Part 4 of the Act and this Part are in addition to any other law in force in this State about— (a) the licensing of drivers; or (b) the employment or engagement of drivers; or (c) the registration of vehicles; or (d) the transport of goods. Division 2—Dangerous goods driver licences 20—Application for licence or renewal of licence (1) A person resident in the State may apply to the Competent Authority for a dangerous goods driver licence. (2) A person who holds a dangerous goods driver licence may, not earlier than 2 months and not later than 7 days before expiry of the licence, apply to the Competent Authority for renewal of the licence. (3) An application for the grant or renewal of a dangerous goods driver licence must be accompanied by— (a) each of the following: (i) evidence that the person holds a current driver licence; (ii) for each State or Territory of the Commonwealth in which the applicant holds or has held a driver licence— (A) a certified extract of entries about the applicant from the relevant register of driver licences obtained within the immediately preceding 6 months; or (B) an authorisation for the Competent Authority to have access to such entries; (iii) for each State or Territory of the Commonwealth— (A) a certified copy (obtained within the immediately preceding 6 months) of an official record showing whether the applicant has been convicted of any driving offence in that State or Territory and providing details of any such conviction; or (B) an authorisation for the Competent Authority to have access to such records; and (b) evidence that the applicant has passed an approved test, or completed an approved training course, within the immediately preceding 6 months, comprised of a certificate issued by the person who conducted the test or course or other written evidence; and (c) a certificate about the medical fitness of the applicant to drive a road vehicle— (i) issued by a medical practitioner following an examination of the applicant by the practitioner within the immediately preceding 6 months; and (ii) certifying that the medical practitioner examined and passed the applicant in accordance with the standards in Assessing Fitness to Drive—Medical Standards for Licensing and Clinical Management Guidelines published by Austroads and the National Road Transport Commission as in force from time to time; and (d) two photographs of the applicant of a size suitable for an Australian passport that were taken within the immediately preceding 6 months; and (e) the prescribed fee. 21—Grant of licence (1) The Competent Authority must not grant an application for a dangerous goods driver licence if— (a) in the 5 years immediately preceding the application— (i) the applicant has been found guilty by a court in Australia of an offence that makes the applicant unsuitable to be the driver of a vehicle transporting dangerous goods; or (ii) the applicant's driver licence has been cancelled or suspended on a ground that makes the applicant unsuitable to be the driver of a vehicle transporting dangerous goods; or (b) the applicant is prohibited by a court order from involvement in the transport of dangerous goods by road. (2) If the Competent Authority refuses to grant a dangerous goods driver licence, the Authority must inform the applicant in writing of the refusal and of the reasons for the refusal. 22—Renewal of licence (1) The Competent Authority must not grant an application for renewal of a dangerous goods driver licence if— (a) while the licence had effect— (i) the applicant was found guilty by a court in Australia of an offence that makes the applicant unsuitable to be the driver of a vehicle transporting dangerous goods; or (ii) the applicant's driver licence has been cancelled or suspended on a ground that makes the applicant unsuitable to be the driver of a vehicle transporting dangerous goods; or (b) the applicant is prohibited by a court order from involvement in the transport of dangerous goods by road. (2) If the Competent Authority refuses to renew a dangerous goods driver licence, the Authority must inform the applicant in writing of the refusal and of the reasons for the refusal. 23—Licence period (1) Subject to these regulations, a dangerous goods driver licence remains in force for the period specified in the licence on its grant or renewal. (2) The period specified must not exceed 3 years. (3) A dangerous goods driver licence takes effect on the day it is granted or, if a later day is specified in the licence, that later day. (4) The renewal of a dangerous goods driver licence takes effect on the day the licence would otherwise have expired. 24—Licence conditions imposed by Competent Authority (1) A dangerous goods driver licence is subject to any conditions specified in the licence by the Competent Authority. (2) The Competent Authority may impose— (a) conditions about— (i) the dangerous goods that may or may not be transported in or on a road vehicle driven by the licensee; and (ii) the packaging that may or may not be used to transport dangerous goods in or on a road vehicle driven by the licensee; and (iii) the road vehicles that may be driven by the licensee in transporting dangerous goods; and (iv) the areas where the licensee may or may not drive a road vehicle transporting dangerous goods; and (v) the supervision of the licensee when driving a road vehicle transporting dangerous goods; and (b) any other condition the Authority considers necessary for the safe transport of dangerous goods. 25—Licence condition requiring production of certificate of medical fitness (1) It is a condition of a dangerous goods driver licence that the Competent Authority may, by written notice given to the licensee, require the licensee to produce to the Authority a certificate about the medical fitness of the applicant to drive a road vehicle— (a) issued by a medical practitioner following an examination of the applicant by the practitioner within the 6 months immediately preceding the day when the certificate is produced to the Authority; and (b) certifying that the medical practitioner examined and passed the applicant in accordance with the standards in Assessing Fitness to Drive—Medical Standards for Licensing and Clinical Management Guidelines published by Austroads and the National Road Transport Commission as in force from time to time. (2) The licensee must be allowed at least 2 months within which to produce the certificate. (3) The Competent Authority must not give notice to the licensee under the condition if the dangerous goods driver licence is due to expire in less than 4 months.