4L Notes
(1) Notes that are at the foot of a provision are part of this Act and the regulations.
(2) Marginal notes, footnotes at the bottom of a page and endnotes are not part of this Act or the regulations.”.
10. Changes to subordinate law‑making po 10. Changes to subordinate law‑making powers
10. Changes to subordinate law‑making powers
(1) For sections 8(2)(a) – (c) substitute –
“(a) identifying and classifying goods as dangerous goods, and the identification and classification of dangerous goods;
(b) identifying, classifying and regulating goods that are too dangerous to be transported (including prohibiting the transport of such goods);
(c) the making of determinations by the Competent Authority for the purposes of the {subordinate law} in relation to:
(i) the identification and classification of goods as dangerous goods;
(ii) the identification and classification of dangerous goods;
(iii) the specification of what is, and what is not, compatible with dangerous goods for transport purposes;
(iv) prohibiting or regulating the transport of dangerous goods by road or rail;
(v) regulating the containment of dangerous goods that are being, or that are to be, transported by road or rail;”.
(2) In section 8(2)(f) –
(a) omit “and overpacks”;
(b) for “containers and vehicles in or on” substitute “vehicles and packaging on or in”.
(3) In section 8(2)(m)(ii), for “responsible for” substitute “involved in”.
(4) For section 8(2)(p) substitute –
“(p) the approval by the Competent Authority of:
(i) vehicles, packaging, equipment and other items used in relation to the transport of dangerous goods; and
(ii) facilities for, and methods of, testing or using vehicles, packaging, equipment and other items used in relation to the transport of dangerous goods; and
(iii) processes carried out in relation to the transport of dangerous goods;”.
(5) For section 8(2)(w) substitute –
“(w) the recognition of a body, consisting of the Competent Authority and other equivalent bodies in other jurisdictions, that is to make decisions, and to provide oversight on decisions made, under this Act or the regulations for the purposes of national uniformity, and other matters in relation to such a body, including the recognition of decisions made by such a body;”.
(6) After section 8(2)(y) insert –
“(z) requiring a person involved in the transport of dangerous goods to hold insurance, or some other form of indemnity, in relation to that transport.”.
11. Additional power in relation to maki 11. Additional power in relation to making subordinate laws
11. Additional power in relation to making subordinate laws
After section 8(4) insert –
“(4A) The {subordinate law}:
(a) may require a matter affected by the {subordinate law} to be approved by or to the satisfaction of a specified person or body, or a specified class of person or body;
(b) may confer a discretionary authority, or impose a duty, on a specified person or body, or a specified class of person or body.”.
12. Appointment of Competent Authorities 12. Appointment of Competent Authorities
12. Appointment of Competent Authorities
For section 11(1) substitute –
“(1) The Minister may {, by notice in the Government Gazette,} appoint one or more Competent Authorities for the purposes of this Act. (13)”.
13. Enforcement powers 13. Enforcement powers
13. Enforcement powers
(1) In Part 3, in the heading to Division 2, omit “enforcement”.
(2) In section 19 –
(a) in paragraph (a)(iii), after “goods” insert “or goods too dangerous to be transported”;
(b) after paragraph (a)(iii) insert –
“(iv) an authorised officer believes on reasonable grounds that it is licensed under this Act, or that it is used to carry goods for commercial purposes; and”;
(c) in paragraph (b)(iv), for “this Division” substitute “Division 4”.
(3) In section 23 –
(a) in subsection (1)(b), for “traffic.” substitute “traffic or any event lawfully authorised to be held on the road; or”;
(b) after subsection (1)(b) insert –
“(c) obstructing or hindering, or likely to obstruct or hinder, one or more vehicles from entering or leaving land adjacent to the road.”;
(c) in subsection (2) –
(i) after “vehicle” insert “, or a person who is apparently in charge of the vehicle,”;
(ii) in paragraph (a), for “move it” substitute “move the vehicle”;
(iii) for “or obstruction” (wherever occurring) substitute “, obstruction or hindrance”;
(d) in subsection (4), for “paragraph (2)(a)” substitute “subsection (2)(a)”.
(4) After section 23(4) insert –
“(4A) For the purposes of subsection (1)(a), road infrastructure includes the things listed in the definition of rail or road infrastructure in section 93.”.
14. Directions 14. Directions
14. Directions
(1) In section 24(2) –
(a) for paragraph (a) substitute –
“(a) is not fit to drive the vehicle in order to comply with such a direction: or”;
(b) for paragraph (c) substitute –
“(c) is not authorised to drive the vehicle in order to comply with such a direction.”.
(2) In section 30(2)(a), for “the goods” substitute “any goods in the vehicle”.
(3) In section 31, for “person with responsibility for controlling or directing the operations” substitute “operator”.
(4) In section 32, for “This” substitute “(1) This”.
(5) At the end of section 32 insert –
“(2) This Division applies to a train that an authorised officer knows or believes on reasonable grounds includes a unit of rolling stock to which this Division applies.”.
15. Power to take samples during inspect 15. Power to take samples during inspections and searches
15. Power to take samples during inspections and searches
(1) After section 26(2)(b) insert –
“(ba) to take, in accordance with section 52A, a sample of any part of the vehicle’s load; and”.
(2) In section 27(5) –
(a) in paragraph (c)(iii), for “offence.” substitute “offence;”;
“(d) the power to take, in accordance with section 52A, a sample of any part of the vehicle’s load.”.
(3) After section 37(2)(b) insert –
“(ba) to take, in accordance with section 52A, a sample of any part of the unit or train’s load; and”.
(4) In section 38(5) –
(a) in paragraph (c)(iii), for “offence.” substitute “offence;”;
“(d) the power to take, in accordance with section 52A, a sample of any part of the load of the unit of rolling stock or train.”.
(5) In section 43(6) –
(a) in paragraph (c), for “material.” substitute “material;”;
“(d) the power to take, in accordance with section 52A, a sample of any substance or packaging on the premises.”.
(6) In section 44(8) –
(a) in paragraph (d), for “material.” substitute “material;”;
(b) after paragraph (d) insert –
“(e) the power to take, in accordance with section 52A, a sample of any substance or packaging on the premises.”.
(7) In section 48(2) –
(a) in paragraph (e), for “material.” substitute “material;”;
(b) after paragraph (e) insert –
“(f) to take a sample of any substance or packaging.”.
(8) In section 53, after “other thing” insert “(other than a sample)”.
16. Insertion of section 52A 16. Insertion of section 52A
16. Insertion of section 52A
After section 52 insert –
“52A Sample‑taking procedure
(1) In this section person from whom the sample was taken means:
(a) in the case of an inspection or search under section 26, 27, 37 or 38, the driver of the vehicle, or the person apparently in charge of the vehicle;
(b) in the case of an inspection or search under section 43 or 44, the occupier, or apparent occupier for the time being, of the premises.
(2) Despite anything in this Part to the contrary, an authorised officer may only take a sample if it is safe to do so, and if the taking of the sample will not result in a dangerous situation arising.
(3) Unless it is not safe to do so, the officer must, immediately after taking any sample of a substance, divide the sample into the following parts:
(a) one part that is to be retained for future comparison;
(b) one part that is to be given to the person from whom the sample was taken;
(c) if the officer intends to have the sample tested or analysed, one part for the purposes of that testing or analysis.
(4) The officer must then enclose each part of a sample in a packaging in a way that prevents the contamination of the part, and must mark or label the packaging in a way that enables the part to be identified.
(5) If an authorised officer intends to take a sample of any packaging under this Part, before removing the packaging from the vehicle or premises, as the case may be, he or she must give a written receipt that identifies the sample to the person from whom the sample was taken.
(6) If an authorised officer finds numerous packages during an inspection or search, and the packages appear to be identical, the officer may take one or more of the packages as samples.
(7) If subsection (6) applies, the officer must, immediately after taking the sample packages:
(a) enclose each package taken in a packaging in a way that prevents the contamination of the package, and must mark or label the packaging in a way that enables the sample to be identified; and
(b) must give one of the samples to the person from whom the sample was taken.
(8) If a person who is offered a sample, or a part of a sample, under subsection (3)(b) or (7)(b) refuses to accept the sample or part, the officer must retain the sample or part.
(9) The officer must give a sample, or a part of a sample, retained under subsection (8) to the person to whom it was offered if he or she is subsequently asked to do so by the person.”.
17. Correction of minor matters 17. Correction of minor matters
17. Correction of minor matters
(1) In section 35(1)(b), for “train” substitute “unit”.
(2) In section 36(1), for “office” substitute “officer”.
(3) In section 52(2), for “paragraph (1)(c)” substitute “subsection (1)(c)”.
(4) In section 54(7), for “prosecution” substitute “charge”.
(5) In section 64(5), for “place” substitute “publish”.
(6) In section 65(1)(b), for “subsection 64(2)” substitute “section 64(2)”.
(7) In section 67(2), after “whole” insert “of this”.
18. Powers of authorised officers in eme 18. Powers of authorised officers in emergencies
18. Powers of authorised officers in emergencies
In section 40(2), for “the driver of the train or the rail operator” substitute “a person who is involved in the transport of the dangerous goods on the train”.
19. Power to search premises 19. Power to search premises
19. Power to search premises
In section 44(8)(b)(ii), after “goods” insert “or packaging”.
20. Exemptions 20. Exemptions
20. Exemptions
At the end of section 64(7) insert –
“Offence provision”.
21. Offences concerning failure to hold 21. Offences concerning failure to hold licence
21. Offences concerning failure to hold licence
(1) After section 69(1) insert –
“(1A) A person must not consign dangerous goods for transport by road on a vehicle if the person knows, or reasonably ought to know that:
(a) the {subordinate law} requires the vehicle to be licensed to transport the goods; and
(b) the vehicle is not licensed under the {subordinate law}.
(2) Omit section 69(4).
(3) In section 69(6), omit “, (4)”.
22. Omission of relocated provisions 22. Omission of relocated provisions
22. Omission of relocated provisions
Omit sections 70(4) – (7).
23. Contravention of improvement notices 23. Contravention of improvement notices
23. Contravention of improvement notices
For sections 73(1) – (4) substitute –
“(1) A person on whom an improvement notice is served must comply with the notice unless he, she or it has a reasonable excuse for not doing so.
(2) In proceedings for an offence under subsection (1), it is a defence if the person charged establishes that –
(a) the alleged contravention or likely contravention; or
(b) the matters or activities occasioning the alleged contravention or likely contravention –
specified in the notice was, or were, remedied within the period specified in the notice, though by a method different from that specified in the notice.”.
24. Miscellaneous amendments 24. Miscellaneous amendments
24. Miscellaneous amendments
(1) In section 75(1), before “Competent” insert “authorised officer or the”.
(2) In section 78(1), omit “written”.
(3) In section 83, in the heading and wherever else occurring, for “penalties” substitute “sanctions”.
(4) In section 84(2), for “penalty” (wherever occurring) substitute “fine”.
(5) In section 87(1), for “convicted” substitute “found guilty”.
(6) In section 87(3), for “owner” substitute “operator”.
25. Supervisory intervention orders 25. Supervisory intervention orders
25. Supervisory intervention orders
After section 88(8) insert –
“(9) For the purposes of subsections (1) and (5), if a person has committed at least one offence against this Act, the Court may treat any offences that the person has committed under any corresponding law as if they had also been committed under this Act.”.
26. Exclusion orders 26. Exclusion orders
26. Exclusion orders
After section 90(5) insert –
“(6) For the purposes of subsections (1) and (4), if a person has committed at least one offence against this Act, the Court may treat any offences that the person has committed under any corresponding law as if they had also been committed under this Act.”.
27. Correction of minor matters 27. Correction of minor matters
27. Correction of minor matters
In section 92 –
(a) in subsection (1), for “containers to” substitute “packaging”;
(b) in subsection (2) –
(i) for “containers” substitute “packaging”;
(ii) for “transported” substitute “transported,”;
(c) in subsection (3) –
(i) for “containers” substitute “packaging”;
(ii) for “storing” substitute “storing,”.
28. When compensation orders can be made 28. When compensation orders can be made
28. When compensation orders can be made
For section 94(6) substitute –
“(6) The court may make a compensation order on an application made when it finds the offender guilty of the offence, or on an application made not later than the period within which a prosecution for the offence could have been commenced.”.
29. Recovery of costs 29. Recovery of costs
29. Recovery of costs
(1) In section 98 –
(a) in the heading, omit “from convicted person”;
(b) in subsection (1), for “convicts a person” substitute “finds a person guilty”;
(c) in subsection (1), for “penalty, order the convicted” substitute “sanction, order the”.
(2) After section 98(2) insert –
“(3) An order may be made on the application of the Competent Authority made either at the time of the finding of guilt, or at any time not later than the period within which a prosecution for the offence could have been commenced.”.
30. Correction of minor matter 30. Correction of minor matter
30. Correction of minor matter
In section 107(3), omit “road law”.
31. Special defence for owners or operat 31. Special defence for owners or operators
31. Special defence for owners or operators
(1) In section 111(2)(a), omit “on a road”.
(2) In section 111(3) –
(a) in the definition of deficiency concerning a vehicle or dangerous goods, for “or on or in” substitute “or to be met in relation to”.
(b) omit the definitions of operator and owner.
32. Evidence 32. Evidence
32. Evidence
(1) In section 114(2) –
(a) for paragraph (c) substitute –
“(c) if markings or placards on or attached to a substance or packaging indicate that the substance is, or the packaging contains, particular dangerous goods—that the substance is, or the packaging contains, those dangerous goods; or”;
(b) for paragraph (f) substitute –
“(f) if markings or placards on or attached to a substance or packaging indicate, in relation to the substance, the packaging or the contents of the packaging, a particular capacity, tare weight, origin, character, specification, ownership or date of manufacture—that the substance, the packaging or the contents of the packaging has that capacity, tare weight, origin, character, specification, ownership or date of manufacture; or”;
(c) for paragraph (h) substitute –
“(h) if markings or placards on or attached to a vehicle or packaging indicate, in relation to the load of the vehicle or the contents of the packaging, a particular quantity of dangerous goods—that the vehicle or packaging contained that quantity of dangerous goods; or”.
(2) In section 115, for “Evidence” substitute “For the purposes of this Act, evidence”.
33. Further miscellaneous amendments 33. Further miscellaneous amendments
33. Further miscellaneous amendments
(1) In sections 114(2)(d) and (g), omit “or overpack” (wherever occurring).
(2) In section 119
(a) in the heading, for “Definitions” substitute “Definition”;
(b) in the definition of dangerous activity, for paragraph (c) substitute –
“(c) that is creating, or that could create, a dangerous situation or a risk to the safety of any person.”.
(c) omit the definition of prohibition notice.
34. Insertion of missing word 34. Insertion of missing word
34. Insertion of missing word
In section 120(2), before “longer” insert “no”.
35. Prohibition orders 35. Prohibition orders
35. Prohibition orders
(1) In section 121(2) –
(a) for “(d) state how” substitute “(e) state how”;
(b) for “(e) state the” substitute “(f) state the”.
(2) For section 121(4) substitute –
“(4) A direction may offer a choice of ways to minimise or eliminate the risk caused by the dangerous activity.”.
(3) In section 123(2), before “direct” insert “orally”.
(4) In section 124 –
(a) in the heading, omit “and amendment”.
(b) after “officer” insert “or the Competent Authority by”.
36. Correction of minor matter 36. Correction of minor matter
36. Correction of minor matter
In section 126, for “against a rail safety law” substitute “under this Act”.
37. Widening of offences concerning vict 37. Widening of offences concerning victimisation for reporting breaches
37. Widening of offences concerning victimisation for reporting breaches
(1) In sections 130(1)(a) and (b), and (2)(a) and (b), after “of this Act” insert “or a corresponding law”.
(2) In section 130(11), in the definition of public agency, after “authorised” insert “officer”.
38. Confidentiality 38. Confidentiality
38. Confidentiality
In section 131(2)(d), for “or an authorised” substitute “, a corresponding authority, an authorised”.
39. Correction of minor matter 39. Correction of minor matter
39. Correction of minor matter
In section 132(2), for “a road law” substitute “this Act”.
40. Delegation by Minister 40. Delegation by Minister
40. Delegation by Minister
In section 137, for “(other the power to appoint a Competent Authority)” substitute “(other than the powers conferred by sections 11 (power to appoint a Competent Authority) and 67 (power to make application and emergency orders))”.
41. Penalties schedule 41. Penalties schedule
41. Penalties schedule
In Schedule 1.1 –
(a) after the item relating to section 64(6) insert –
“
”;
(b) after the item relating to section 69(1) insert –
“
| 69(1A) Failure to hold licence etc. | 2 000 | 10 000 |
|---|
”;
(c) omit the item relating to section 69(4);
(d) in the items relating to sections 122 and 123(4), for the penalty shown in column 3 substitute “10 000”.
Part 3 Amendments to Schedule 2
Part 3—Amendments to Schedule 2
42. Provisions being amended by this Par 42. Provisions being amended by this Part
42. Provisions being amended by this Part
This Part amends Schedule 2 of the National Transport Commission (Model Legislation – Transport of Dangerous Goods by Road or Rail) Regulations 2007 (the Model Subordinate Law on the Transport of Dangerous Goods by Road or Rail 2007).
43. Correction of minor matters 43. Correction of minor matters
43. Correction of minor matters
(1) In clause 1.1.1, for “goods” substitute “Goods”.
(2) In clause 1.1.2, omit “Model”.
(3) In clause 1.1.3 –
(a) for “road or rail” (wherever occurring) substitute “land transport”;
(b) in paragraph (d), for “road, rail” substitute “land transport”.
(4) For clause 1.1.6(2)(a) substitute –
“(a) the load does not contain:
(ii) more than 500 kilograms of dangerous goods in a receptacle; and”.
(5) In clause 1.1.7(2) –
(a) after “apply to the transport” insert “by a vehicle”;
(b) in paragraph (a), for “total” substitute “aggregate”;
(c) in paragraph (b), omit “that is fitted to the vehicle”;
(d) in paragraph (c), after “vehicle and” insert “that”;
(e) for paragraph (d) substitute –
“(d) that are portable fire fighting equipment or other portable safety equipment and that are part of the safety equipment of the vehicle.”.
44. Omission of redundant application pr 44. Omission of redundant application provision
44. Omission of redundant application provision
For clause 1.1.4 substitute –
“1.1.4 {reserved}”.
45. Substitution of clause 1.1.8 45. Substitution of clause 1.1.8
45. Substitution of clause 1.1.8
For clause 1.1.8 substitute –
“1.1.8 Special provisions for tools of trade and dangerous goods for private use
(1) This [clause] applies to a load if:
(a) the load includes:
(i) an aggregate quantity of dangerous goods of less than 500 that does not include any dangerous goods of UN Division 2.1 (that are not aerosols) or UN Division 2.3 or Packing Group I; or
(ii) an aggregate quantity of dangerous goods of less than 250 that does include dangerous goods of UN Division 2.1 (that are not aerosols) or UN Division 2.3 or Packing Group I, provided that dangerous goods of UN Division 2.3 and Packing Group I together constitute less than 100 of that aggregate quantity; and
(b) the goods are not being transported in the course of a business of transporting goods but are being transported:
(i) by a person who intends to use them; or
(ii) so that they can be used for a commercial purpose.
(2) A person transporting a load to which this {clause} applies is exempt from all obligations imposed by {this subordinate law} other than those imposed by this {clause}.
(3) A person must not transport a load to which this {clause} applies unless each package in the load:
(a) complies with the packaging requirements appropriate to the quantity of dangerous goods, as specified in Part 4; and
(b) is labelled and marked as specified in Division 5.1; and
(c) is loaded, secured, segregated, unloaded and otherwise transported in such a way as to ensure that –
(i) its packaging remains fit for its purpose; and
(ii) the risks to any person, property or the environment are eliminated, or if it is not practicable to eliminate the risks, are minimised to the maximum extent that is practicable.
(4) If a load to which this {clause} applies contains an aggregate quantity of dangerous goods of UN Class 3, 4, 5 or 6 of more than 250, a person must not transport the load –
(a) in the passenger compartment of a vehicle; or
(b) in an enclosed space that is not separated from the passenger compartment of a vehicle.
(5) If a load to which this {clause} applies contains an aggregate quantity of dangerous goods of UN Division 2.1, UN Division 2.3 or Packing Group I of more than 50, a person must not transport the load –
(a) in the passenger compartment of a vehicle; or
(b) in any other enclosed space in the vehicle.
46. Omission of heading 46. Omission of heading
46. Omission of heading
In Division 1.2, omit the following heading –
“Subdivision 1.2.1—General”.
47. Changes to definitions 47. Changes to definitions
47. Changes to definitions
(1) In clause 1.2.1 –
(a) in the definition of Act, after “Rail” insert “2007”;
(b) for the definition of ADG Code substitute –
“ADG Code means the Australian Code for the Transport of Dangerous Goods by Road and Rail, seventh edition, approved by the Australian Transport Council, as amended from time to time.”;
(c) in the definition of “aggregate quantity”, in paragraph (a)(i), after “articles” insert “, including aerosols”;
(d) for the definition of approval substitute –
“approval means an approval by the Competent Authority or an authorised body under this (subordinate law}, and that is in effect.”.
(e) in the definitions of approved test and approved training course, for “paragraph” substitute “{clause}”;
(f) in the definition of capacity, for “receptacle, packaging or other container” substitute “packaging”;
(g) in the definition of Category, for “{subclause} 2.1.3(3)” substitute “{clause}2.1.3”;
(h) omit the definition of combination road vehicle;
(i) for the definition of Competent Authorities Panel or CAP substitute –
“Competent Authorities Panel or CAP—means the body established by the Competent Authorities Panel Rules made by the National Transport Commission on 13 June 2008 and approved by the Australian Transport Council on [date of approval to be inserted if Amendments are approved], as amended from time to time.”;
(j) in the definition of compliance plate, after “Code” insert “, and includes identification plates”;
(k) for the definition of consignor substitute –
“consigns and consignor―see section 4B of the Act.”.
(l) omit the definition of containment unit;
(m) in the definition of Dangerous Goods list, omit “, being a list of goods that are dangerous goods because they satisfy the criteria set out, or referred to, in Part 2 of the ADG Code”;
(n) for the definition of determination substitute –
“determination means a determination that is made by the Competent Authority under Division 1.6 of this Part, and that is in effect.”.
(o) in the definition of driver licence, before “driver” insert “\*”;
(p) for the definition of inner packaging substitute –
“inner packaging, in relation to goods for which outer packaging is required if the goods are to be transported, means any packaging that is, or that is to be, contained or protected by the outer packaging.”;
(q) in the definition of involvement in the transport of dangerous goods, for paragraph (c) substitute –
“(c) marking or labelling packages containing dangerous goods for transport, and placarding vehicles and packaging on or in which dangerous goods are transported; and”;
(r) in the definition of involvement in the transport of dangerous goods, in paragraph (e) omit “onto a vehicle, or into a container that is to be put on a vehicle,”;
(s) for the definitions of load, loads and loader substitute –
“load (noun)—see {clause } 1.2.13.
load and loader—see section 4D of the Act.”.
(t) in the definition of outer packaging –
(i) omit “, in relation to dangerous goods,”;
(ii) after “necessary” insert “for the purposes of transport”;
(iii) in paragraphs (b) and (c), after “packaging” insert “(as that packaging is defined in section 1.2.1.1 of the ADG Code)”;
(u) in the definition of overpack –
(i) omit “, in relation to the transport of dangerous goods,”;
(ii) after “consolidate packages” insert “of goods”;
(iii) in the examples, for “Pallet” substitute “A pallet”;
(iv) in the examples, for “Box” substitute “A box”;
(v) for the definition of owner substitute –
“owner, of a vehicle,—see section 4(1) of the Act.
(w) for the definitions of package and packaging substitute –
“package—see section 4(1) of the Act.
packaging—includes inner packaging, outer packaging, overpacks, large packaging, IBCs, MEGCs, tanks (including the tank of a tank vehicle), bulk and freight containers, drums, barrels, jerry cans, boxes and bags.
(x) for the definitions of pack and packer substitute –
“pack and packer—see section 4C of the Act.
(y) for the definition of participating jurisdiction substitute –
“participating jurisdiction means:
(a) this jurisdiction; and
(b) any other State or Territory that has a corresponding law within the meaning of the Act.”.
(z) for the definition of placard substitute –
“placards—see {clause} 5.3.2(1).”;
(za) for the definition of prime contractor substitute –
“prime contractor—see section 4(1) of the Act.”.
(zb) for the definition of rail operator substitute –
“rail operator—see section 4(1) of the Act.”.
(zc) in the definition of registered, before “State” insert “a Commonwealth,”;
(zd) in the definition of road and road related area, for “road and” substitute “\*road and”;
(ze) in the definition of trailer, for “trailer” substitute “\*trailer”;
(zf) in the definition of transport, in paragraph (b) –
(i) omit “and overpacks”;
(ii) for “containers and vehicles” substitute “transport units”;
(zg) for the definition of transport unit substitute –
“transport unit means –
(a) a vehicle; or
(b) a portable tank; or
(c) a bulk container; or
(d) a freight container.”;
(zh) in the definition of UN approved, omit “by a competent authority outside Australia”;
(zi) in the definition of vehicle, for “an articulated vehicle” substitute “a combination”.
(2) In clause 1.2.1, insert the following definitions in their appropriate alphabetical position –
“authorised body means a person or body authorised to issue approvals under {clause} 4.2.8.
consignor—see section 4(1) of the Act.
corresponding dangerous goods driver licence means a licence to which {clause} 15.4.4 applies that has effect in this jurisdiction under that {clause} as a dangerous goods driver licence.
corresponding dangerous goods vehicle licence means a licence to which {clause} 15.4.4 applies that has effect in this jurisdiction under that {clause} as a dangerous goods vehicle licence.
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.
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.
transport documentation means documentation that complies with Chapter 11.1 of the ADG Code.”.
48. Inconsistency between subordinate la 48. Inconsistency between subordinate law and codes etc
48. Inconsistency between subordinate law and codes etc
(1) In clause 1.2.3, for “If” substitute “If all or part of”.
(2) At the end of the clause insert –
“(2) Despite {subclause} (1), if any provision that is applied, adopted by or incorporated in {this subordinate law} uses a term that is defined in both the relevant code, standard or rule, and in {this subordinate law}, the provision is to be interpreted as if the term had the meaning set out in the code, standard or rule, unless the contrary intention appears.”.
49. Widening of reference provision 49. Widening of reference provision
49. Widening of reference provision
In clause 1.2.5 –
(a) in the heading, omit “administrative”;
(b) in paragraph (a), for “an administrative” substitute “a”;
(c) in paragraph (b), omit “administrative”.
50. Minor amendments 50. Minor amendments
50. Minor amendments
(1) In clause 1.2.8(b), for “and” substitute “or”.
(2) In clause 1.2.9, for “packed in limited quantities” (wherever occurring) substitute “packed in limited quantities”.
51. Definitions of road and road related 51. Definitions of road and road related area may be modified
51. Definitions of road and road related area may be modified
After clause 1.2.10(2) insert –
Note: “[Drafting note: Jurisdictions may modify these definitions to the extent that they are inconsistent with their requirements for the application of authorised officer powers.]”.
52. Omission of clause 1.2.11 (reference 52. Omission of clause 1.2.11 (references to rolling stock)
52. Omission of clause 1.2.11 (references to rolling stock)
For clause 1.2.11 substitute –
“1.2.11 {Reserved}”.
53. Substitution of clause 1.2.13 53. Substitution of clause 1.2.13
53. Substitution of clause 1.2.13
For clause 1.2.13 substitute –
“1.2.13 References to loads
For the purposes of {this subordinate law}:
(a) all the goods in or on a road vehicle are a single load, even if the vehicle is transporting more than one transport unit;
(b) all the goods in a transport unit being transported on a rail vehicle are a single load.
54. Omission of relocated clauses 54. Omission of relocated clauses
54. Omission of relocated clauses
Omit Subdivision 1.2.2.
55. Minor amendments to training provisi 55. Minor amendments to training provisions
55. Minor amendments to training provisions
(1) In clause 1.3.1(1) –
(a) in paragraph (e), omit “and overpacks”;
(b) in paragraph (f), for “transport units” substitute “placard loads”.
(2) In clause 1.3.2(2), after “test of competence” insert “or a training course”.
56. Substitution of clause 1.5.2 56. Substitution of clause 1.5.2
56. Substitution of clause 1.5.2
For clause 1.5.2 substitute –
“1.5.2 Goods suspected of being dangerous goods
If it is not clear whether goods are dangerous goods, but a person suspects, or reasonably ought to suspect, that they are, the person must not consign or transport them until:
(a) the goods have been classified in accordance with the ADG Code; or
(b) a determination has been made under {clause} 1.6.1(1)(a) in respect of the goods.
57. Determinations 57. Determinations
57. Determinations
(1) In clause 1.6.1(2)(c), for “an IBC, portable tank, MEGC, tank vehicle or bulk container” substitute “any packaging”.
(2) Omit clauses 1.6.1(3) – (5).
58. Omission of clause 1.6.2 (Determinat 58. Omission of clause 1.6.2 (Determinations — foreign approved IBCs, tanks and MEGCs)
58. Omission of clause 1.6.2 (Determinations – foreign approved IBCs, tanks and MEGCs)
For clause 1.6.2 substitute –
“1.6.2 {Reserved}”.
59. Insertion of clauses 1.6.4A and 1.6. 59. Insertion of clauses 1.6.4A and 1.6.4B
59. Insertion of clauses 1.6.4A and 1.6.4B
After clause 1.6.4 insert –
“1.6.4A Determinations may be subject to conditions
(1) In making a determination, the Competent Authority may impose in relation to the determination any condition necessary for the safe transport of dangerous goods. (1.20)
(2) A person to whom a determination applies must not contravene a condition of the determination.
{(3) An offence against {subclause} (2) is an offence of strict liability.} (17.7, amd/2)
1.6.4B Effect of determinations on contrary obligations under {this subordinate law}
If {this subordinate law} imposes an obligation on a person, and the person is authorised or permitted to act contrary to that obligation by a determination made under this Division, the obligation is to be read as if it stated that the person could fulfil the obligation by acting in accordance with the determination.”.
60. Insertion of clause 1.6.7 60. Insertion of clause 1.6.7
60. Insertion of clause 1.6.7
After clause 1.6.6 insert –
“1.6.7 Offence to do any thing prohibited or regulated by a determination
(1) If a determination under this Division prohibits or regulates the doing of any thing, a person to whom the determination applies must not do that thing contrary to the determination.
(2) It is a defence to a prosecution for an offence against {subclause} (1) that the person did not know, and could not reasonably have been expected to know, of the determination, or that the determination applied to the person.”.
61. Standardisation of provision referen 61. Standardisation of provision references
61. Standardisation of provision references
In clauses 2.1.1 and 2.1.2(b), for “paragraph” (wherever occurring) substitute “{clause}”.
62. Definition of dangerous goods 62. Definition of dangerous goods
62. Definition of dangerous goods
For clause 2.1.1(1)(b) substitute –
“(b) the goods satisfy the dangerous goods classification criteria set out, or referred to, in Part 2 of the ADG Code.”.
63. Substitution of clauses 2.1.3 — 2.1. 63. Substitution of clauses 2.1.3 — 2.1.6
63. Substitution of clauses 2.1.3 – 2.1.6
For clauses 2.1.3 – 2.1.6 substitute –
“2.1.3 UN Classes, UN Divisions and Categories of dangerous goods
The UN Class, Division or Category of particular dangerous goods for the purposes of {this subordinate law} is:
(a) if a determination under paragraph 1.6.1(1)(b) that the goods are of a particular UN Class, Division or Category is in effect in relation to the goods—the Class, Division or Category specified in the determination; or
(b) if no such determination is in effect—the Class, Division or Category determined for the goods in accordance with the ADG Code. (2.3, amd)
Note 1: Under the UN classification system there are 9 classes of dangerous goods. Under that system some Classes are further divided into Divisions, and some Divisions are divided into Categories.
Note: Examples: UN Division 6.2 infectious substances are divided into:
(a) Category A (substances transported in a form that, if exposure occurs, can cause permanent disability or life‑threatening or fatal disease to humans or animals); and
(b) Category B (others).
Note 2: Under the ADG Code, if particular dangerous goods are listed in the Dangerous Goods List, their UN Class or Division is that listed in column 2 of that list opposite the name and description of those goods, unless Chapter 3.3 of that Code provides for those goods to be assigned to a different Class or Division. If applicable, Chapter 2 of that Code describes how the UN Category of dangerous goods is to be determined. Once again the Category may be changed under Chapter 3.3 of that Code.
2.1.4 Subsidiary risk
The subsidiary risk, if any, of particular dangerous goods for the purposes of {this subordinate law} is:
(a) if a determination under {clause} 1.6.1(1)(c) that the goods have a particular subsidiary risk is in effect—the subsidiary risk specified in the determination; or
(b) if no such determination is in effect—the subsidiary risk determined for the goods in accordance with the ADG Code. (2.3, amd)
Note: Dangerous goods that are able to be assigned to more than one UN Class or Division are assigned a subsidiary risk. This subsidiary risk is the other UN Class/es or Division/s to which the goods also belong. Under the ADG Code, if particular dangerous goods are listed in the Dangerous Goods List, their subsidiary risk is that listed in column 4 of that list opposite the name and description of those goods, unless Chapter 3.3 of that Code provides for those goods to be assigned a different subsidiary risk.
2.1.5 Packing Groups
The Packing Group, if any, of particular dangerous goods for the purposes of {this subordinate law} is:
(a) if a determination under paragraph 1.6.1(1)(d) that the goods are of a particular Packing Group is in effect—the Packing Group specified in the determination; or
(b) if no such determination is in effect—the Packing Group determined for the goods in accordance with the ADG Code. (2.3, amd)
Note: The assignment of particular dangerous goods to a Packing Group indicates the degree of danger, and the level of containment required for, the goods. The Packing Groups, and the degree of danger they indicate, are:
Packing Group I (substances presenting high danger);
Packing Group II (substances presenting medium danger);
Packing Group III (substances presenting low danger).
Note: The Packing Group of a substance can be determined from the Dangerous Goods List, although in some cases it is also necessary to refer to Chapter 3.3 of the ADG Code (the List identifies those cases).
2.1.6 Incompatibility
(1) Dangerous or other goods are incompatible with dangerous goods if:
(a) the goods are incompatible under Chapter 9.1 of the ADG Code; or
(b) the goods are determined under {clause} 1.6.1(1)(e) to be incompatible with the dangerous goods; or
(c) when the goods are mixed, or otherwise brought into contact, with the dangerous goods, the goods are likely to interact with the dangerous goods and increase risk because of the interaction.
(2) Packaging or equipment for use in the transport of dangerous goods is incompatible with the goods if any component of the packaging or equipment that is intended or likely to come into contact with the goods during transport:
(a) is likely to interact with the goods and increase risk because of the interaction; and
(b) is not protected from contact under foreseeable circumstances by a protective coating or other effective means.”.
64. Insertion of Part 3 64. Insertion of Part 3
64. Insertion of Part 3
For Part 3 substitute –
“Part 3—Transport of dangerous goods to which special provisions apply
3.1.1 Application of this Part
This Part applies if a special provision applies to dangerous goods in the Dangerous Goods List and that special provision prohibits the transport of the goods by road or rail, or imposes a restriction on the way the goods are to be transported by road or rail.
Note: Column 6 of the Dangerous Goods List specifies whether a special provision applies to dangerous goods, and Part 3.3 of the Code lists the special provisions that apply.
3.1.2 Duty on consignors
A person must not consign dangerous goods for transport if the person knows, or ought reasonably to know:
3.1.3 Duty on packers
A person must not pack dangerous goods for transport if the person knows, or ought reasonably to know:
3.1.4 Duty on loaders
A person must not load dangerous goods on to a vehicle for transport if the person knows, or ought reasonably to know:
3.1.5 Duty on prime contractors and rail operators
A prime contractor or rail operator must not transport dangerous goods if the prime contractor or rail operator knows, or ought reasonably to know:
(b) that the transport of the goods does not comply with the special provision.
3.1.6 Duty on drivers
A person must not drive a road vehicle transporting dangerous goods if the person knows, or ought reasonably to know:
(b) that the transport of the goods does not comply with the special provision.
65. Substitution of clauses 4.1.1 — 4.1. 65. Substitution of clauses 4.1.1 — 4.1.3
65. Substitution of clauses 4.1.1 – 4.1.3
For clauses 4.1.1 – 4.1.3 substitute –
“4.1.1 Packing of dangerous goods in limited quantities
Dangerous goods packed in limited quantities do not need to be packed as required by this Part.
4.1.2 References to Part 4 of the ADG Code include Dangerous Goods List requirements
In this Part, a reference to dangerous goods being packed in accordance with any relevant provision in Part 4 of the ADG Code is to be read as including a reference to the goods being packed in accordance with any packing requirement specified in relation to the goods in the Dangerous Goods List.”.
66. Substitution of clause 4.2.1 66. Substitution of clause 4.2.1
66. Substitution of clause 4.2.1
For clause 4.2.1 substitute –
“4.2.1 Suitability of packaging for transport
(1) Packaging is unsuitable for the transport of dangerous goods if:
(a) it is required to undergo performance tests under Part 6 of the ADG Code, and it is not approved packaging; or
(b) it does not meet any relevant standards or requirements specified by Part 4 or 6 of the ADG Code (including requirements with respect to inspection, maintenance and repair); or
(c) its use, or reuse, for the transport of the goods does not comply with Part 4 or 6 of the ADG Code; or
(d) its use for the transport of the goods is prohibited by a determination made under Division 1.6 of Part 1; or
(e) it is incompatible with the goods; or
(f) it is damaged or defective to the extent that it is not safe to use to transport the goods.
(2) A freight container is also unsuitable for use as a bulk container for the transport of dangerous goods if it does not have affixed to it a Safety Approval Plate as required under the International Convention for Safe Containers 1972.”.
67. Marking packaging 67. Marking packaging
67. Marking packaging
(1) In clause 4.2.2(1), for “approved packaging” substitute “of a design approved under {clause} 4.2.4”.
(2) In clause 4.2.2(2), for “that” substitute “if the marking”.
68. Substitution of clauses 4.2.3 and 4. 68. Substitution of clauses 4.2.3 and 4.2.4
68. Substitution of clauses 4.2.3 and 4.2.4
For clauses 4.2.3 and 4.2.4 substitute –
“4.2.3 Applications for approval of packaging design
(1) This {clause} applies to packaging that is required to undergo tests under Part 6 of the ADG Code.
(2) A person may apply to the Competent Authority for the approval of a design of packaging to which this clause applies for use in the transport of dangerous goods.
Note: Examples: Portable tanks, MEGCs, tanks on tank vehicles, pressure receptacles, aerosol dispensers, IBCs, bulk containers and drums, barrels, jerry cans, boxes, bags and composite packaging are some of the kinds of packaging required to undergo tests under Part 6 of the ADG Code. Performance tests include drop, leakproofness, hydraulic and stacking tests.
(3) An application for approval must:
(a) be made in accordance with {clause} 17.1.1; and
(b) include the information required under Part 6 of the ADG Code; and
(c) if a fee is prescribed for the application, be accompanied by the prescribed fee. (4.24, amd)
4.2.4 Approval of packaging designs
(1) The Competent Authority may, on application in accordance with {clause} 4.2.3, approve a design for a packaging for use in the transport of dangerous goods if it is satisfied that a packaging of that design:
(a) will comply with, or is permitted by, Part 6 of the ADG Code; and
(b) satisfies all the relevant testing and inspection requirements set out in that Part.
(2) In determining whether packaging of a particular design satisfies any particular testing requirement, the Competent Authority may rely on any test certificate issued by a recognised testing facility (as defined by {clause 4.2.5}) that complies with {clause 4.2.6}.
(3) In giving its approval, the Competent Authority may impose in relation to the approval any condition about the construction, packing, use or maintenance of a packaging manufactured in accordance with the design necessary for the safe use of the packaging to transport dangerous goods. (3.8, 4.25 and 4.26, amd)
(4) A person must not construct, pack or fail to maintain packaging for use in the transport of dangerous goods, or use packaging to transport dangerous goods, if the person knows, or ought reasonably to know, that—
(a) a condition about the construction, packing, maintenance or use of the packaging, as the case may be, was imposed in relation to the approval of the design for the packaging; and
(b) the construction, packing, failure to maintain, or use is in contravention of the condition.
69. Testing 69. Testing
69. Testing
(1) In clause 4.2.5(a), for “Chapter 3” substitute “Part 6”.
(2) In clauses 4.2.6(2) and (3)(b), after “certificate” insert “, or report on the test,”.
70. Substitution of clauses 4.2.7 and 4. 70. Substitution of clauses 4.2.7 and 4.2.8
70. Substitution of clauses 4.2.7 and 4.2.8
For clauses 4.2.7 and 4.2.8 substitute –
“4.2.7 Approval of overpack preparation method
(1) The Competent Authority may, on application in accordance with {clause} 17.1.1, approve a method of preparing an overpack for transport that does not comply with section 5.1.2 of the ADG Code if the Authority considers that the risk involved in using the method is not greater than the risk involved in using a method complying with the section.
(2) In giving its approval, the Competent Authority may impose in relation to the approval any condition about the use of the overpack necessary for the safe use of the overpack to transport dangerous goods. (6.5, amd)
(3) A person must not use an overpack to transport dangerous goods if the person knows, or ought reasonably to know, that—
(a) a condition about the use of the overpack was imposed in relation to the approval of the method of preparing the overpack; and
(b) the use is in contravention of the condition.
4.2.8 Authorised body may issue approvals
(1) The Competent Authority may authorise a person or body to issue approvals under {clauses} 4.2.4 and 4.2.7.
(2) In giving its authorisation, the Competent Authority may impose in relation to the authorisation any condition it considers appropriate in relation to the issuing of approvals by the person or body.
(3) In issuing an approval, in addition to complying with any condition imposed under {subclause (2)}, the person or body must also:
(a) comply with any relevant requirements imposed by Part 6 of the ADG Code in relation to the issuing of the approval; and
(b) give the Competent Authority, in relation to the approval, all of the information listed in {clause} 17.2.2.
(4) If a person or body is authorised to issue approvals under this {clause}:
(a) {clauses} 4.2.3, 4.2.4 and 4.2.7 apply as if a reference in those {clauses} to the Competent Authority was a reference to the person or body; and
(b) Divisions 17.1 and 17.4, to the extent that they deal with approvals, apply as if a reference in those Divisions to the Competent Authority was a reference to the person or body; and
(c) a reference in {this subordinate law} to an approval under {clause} 4.2.4 or 4.2.7 includes a reference to an approval given by the body or other person under {clause} 4.2.4 or 4.2.7 as applied under paragraph (a); and
(d) {clauses} 19.1.1(e), (f) and (i) apply as if a reference in {clause} 19.1.1 to the Competent Authority was a reference to the person or body.
(5) The Competent Authority may withdraw an authorisation granted under this {clause} at any time.
(6) The withdrawal of an authorisation does not affect any approval issued by the person or body before the withdrawal took effect.”.
71. Substitution of Divisions 4.3 — 4.6 71. Substitution of Divisions 4.3 — 4.6 of Part 4
71. Substitution of Divisions 4.3 – 4.6 of Part 4
In Part 4, for Divisions 4.3 – 4.6 substitute –
“Division 4.3—Prohibition on the sale or supply of non‑compliant packaging
4.3.1 Offence to sell or supply non‑compliant packaging
(1) A person must not sell, supply, or offer to sell or supply, any packaging for use in the transport of particular dangerous goods unless:
(a) it is packaging of a design that has been approved under {clause 4.2.4}, and it is marked in accordance with Part 6 (or, if applicable, Chapter 3.4) of the ADG Code, and, according to the marking, its use is appropriate for those goods; or
(b) it complies with the relevant requirements of Parts 4 and 6 (or, if applicable, Chapter 3.4) of the ADG Code (including any relevant marking requirements) and its use is appropriate for those goods.
Offence provision. (new, based on 4.7, also includes 4.16 as amd)