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Name of Regulations
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These Regulations are the National Transport Commission (Model Legislation—Transport of Dangerous Goods by Road or Rail) Regulations 2007.
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Commonwealth legislation
This model law creates a uniform national framework for road and rail transport of dangerous goods, establishing a Competent Authority, authorised officers with broad inspection and enforcement powers, and offences, penalties, licences, accreditations and exemptions. It targets drivers, rail operators, packers, consignors, contractors and others in the supply chain.
It is a template for states/territories to adopt (not law itself); detailed technical rules (classification, packaging, routes) are left to each jurisdiction’s regulations.
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Direct links to the current provisions in National Transport Commission (Model Legislation—Transport of Dangerous Goods by Road or Rail) Regulations 2007.
These Regulations are the National Transport Commission (Model Legislation—Transport of Dangerous Goods by Road or Rail) Regulations 2007.
The purpose of these Regulations is to be the single reference point for model legislation relating to the transport of dangerous goods by road or rail.
Note: These Regulations are made in accordance with the 2003 Inter‑Governmental Agreement for Regulatory and Operational Reform in Road, Rail and Intermodal Transport entered into between the Commonwealth, the States, the Australian Capital Territory and the Northern Territory, as amended from time to time. (see subparagraph 3 (b) (i) of the National Transport Commission Act 2003).
(1) Schedules 1 and 2 set out model legislation on the transport of dangerous goods by road or rail.
Note: The model legislation set out in Schedules 1 and 2 does not have the force of law (see paragraph 7 (2) (a) of the National Transport Commission Act 2003).
(2) It is intended that: (a) the States, the Australian Capital Territory and the Northern Territory will adopt the model legislation to form part of uniform or nationally consistent legislation relating to road transport, rail transport and intermodal transport; and (b) when so adopted, the legislation will constitute the primary law of the States, the Australian Capital Territory and the Northern Territory in relation to the transport of dangerous goods by road or rail.
Note: It is intended that when the model legislation is adopted by a State or Territory, the adopting State or Territory:
(a) in the case of a provision relating to strict liability for offences, or to defences against prosecution for offences, that are in curly brackets—will adopt, revise or do away with the provision; and
(b) in the case of words and phrases in curly brackets—will replace those words and phrases with appropriate expressions.
Schedule 1 may be cited as the Model Act on the Transport of Dangerous Goods by Road or Rail 2007.
Schedule 2 may be cited as the Model Subordinate Law on the Transport of Dangerous Goods by Road or Rail 2007.
Note 1: The numbers enclosed in parenthesis after many of the provisions are:
(a) in the case of Schedule 1—references to provisions in the existing Road Transport Reform (Dangerous Goods) Act 1995 or in the proposed Road Transport Reform (Compliance and Enforcement) Bill; and
(b) in the case of Schedule 2—references to provisions in the existing Road Transport Reform (Dangerous Goods) Regulations 1997 or Rail (Dangerous Goods) Rules.
Note 2: The numbering of the sections in Schedule 1 and of the clauses in Schedule 2 are provisional. The resulting gaps in the Table of Contents and in the numbering of the provisions will be fixed after public consultation.
This Model Act was approved by the Australian Transport Council on 28 February 2007.
(1) The provisions of the Acts Interpretation Act 1901 of the Commonwealth apply to the interpretation of this Act, except that: (a) Gazette is to refer to the Government Gazette of this jurisdiction; and (b) Minister is to refer to the responsible Minister of this jurisdiction. (CEB 7) (2) This section does not prevent the {interpretation legislation of this jurisdiction} from applying to the interpretation of this Act to the extent that it can do so consistently with the application of the provisions of the Acts Interpretation Act 1901 of the Commonwealth. (CEB 7) (3) This section has effect subject to section 4.} (CEB 7)
(1) This Act does not apply to: (a) dangerous goods that are, or form part of, personal safety equipment of persons in a vehicle transporting dangerous goods; and (b) dangerous goods that are in a container that is designed to form part of, and forms part of, the fuel or battery system of a vehicle’s engine, auxiliary engine, fuel burning appliance or other part of a vehicle’s propulsion equipment. (10 + new) (2) The provisions of this Act have effect despite any other law. (10)
(1) The {Governor/Executive} may make {subordinate law} prescribing matters: (a) required or permitted to be prescribed by this Act; or (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act. (11) (2) In particular, the {subordinate law} may make provision relating to the following: (a) a system of classification of dangerous goods; (b) classes of goods that are too dangerous to be transported; (c) the determination by the Competent Authority of which class goods belong to; (d) the analysis and testing of dangerous goods; (e) fees that are to be paid for things done under this Act; (f) the marking and labelling of packages and overpacks containing dangerous goods for transport and the placarding of containers and vehicles in or on which dangerous goods are transported; (g) containers, vehicles, packaging, equipment and other items used in the transport of dangerous goods; (h) the manufacture of containers, vehicles, packaging, equipment and other items for use in the transport of dangerous goods; (i) voluntary accreditation schemes, including privileges to be accorded or sanctions to be imposed under the schemes and the cancellation or suspension of the schemes; (j) the loading of dangerous goods for, and the unloading of dangerous goods after, their transport; (k) the determination by the Competent Authority of routes along which, the areas in which and the times during which dangerous goods may or may not be transported; (l) procedures for the transport of dangerous goods, including: (i) the quantities and circumstances in which dangerous goods, or particular types of dangerous goods, may be transported; and (ii) safety procedures and equipment; (m) the licensing of: (i) vehicles and drivers for the purpose of the transport of dangerous goods; and (ii) persons responsible for the transport of dangerous goods or for vehicles used in that transport; (n) the mandatory accreditation of persons involved in the transport of dangerous goods or particular aspects of that transport; (o) the approval by the Competent Authority of the form in which applications are to be made to the Authority, and the form in which documents are to be issued by the Authority, for the purposes of the {subordinate law}; (p) the approval by the Competent Authority of: (i) containers, 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 containers, vehicles, packaging, equipment and other items used, and processes carried out, in relation to the transport of dangerous goods; (q) documents required to be prepared or kept by persons involved in the transport of dangerous goods and the approval by the Competent Authority of alternative documentation; (r) obligations arising, and procedures to be followed, in the event of a dangerous situation in relation to the transport of dangerous goods; (s) the training and qualifications required of authorised officers and other persons performing functions under this Act; (t) the training and qualifications required of persons involved in, and the approval of training courses and qualifications relating to involvement in, the transport of dangerous goods; (u) the recognition of laws of other jurisdictions relating to the transport of dangerous goods and of things done under those laws, and the giving effect to those things; (v) infringement notices, and documents and costs relating to infringement notices; (w) the establishment, powers and functions of a Competent Authorities Panel; (x) the recognition of accredited providers of training, package testing, design verification and other similar activities; (y) the passing of information on persons relevant to licensing or compliance and enforcement matters to another Competent Authority and other authorities involved in the enforcement of road and rail laws. (11 + new) (3) The {subordinate law} may apply, adopt or incorporate any or all of the provisions of a code, standard, or rule relating to dangerous goods or to their transport. Those provisions may be applied, adopted or incorporated as they currently exist, as amended by the {subordinate law}, or as amended from time to time.(11) (4) The {subordinate law} may: (a) prescribe a substance or article as being dangerous goods; or (b) prescribe various types of dangerous goods, including goods that are too dangerous to be transported, and methods for deciding which dangerous goods fall into each type; by reference to such a code, standard or rule. (11) (5) The {subordinate law} may provide for transitional arrangements. (6) A reference in this section to a code, standard or rule includes a reference to one that is made outside Australia. (11)
The {subordinate law} may create offences, and may provide for a maximum penalty, not exceeding $6 000 for an individual or $30 000 for a body corporate, for each offence. (12)
The {subordinate law} may provide a system for review of decisions made under this Act and identified in the {subordinate law}. (CEB 186)
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
These Regulations are the National Transport Commission (Model Legislation—Transport of Dangerous Goods by Road or Rail) Regulations 2007.
The purpose of these Regulations is to be the single reference point for model legislation relating to the transport of dangerous goods by road or rail.
Note: These Regulations are made in accordance with the 2003 Inter‑Governmental Agreement for Regulatory and Operational Reform in Road, Rail and Intermodal Transport entered into between the Commonwealth, the States, the Australian Capital Territory and the Northern Territory, as amended from time to time. (see subparagraph 3 (b) (i) of the National Transport Commission Act 2003).
(1) Schedules 1 and 2 set out model legislation on the transport of dangerous goods by road or rail.
Note: The model legislation set out in Schedules 1 and 2 does not have the force of law (see paragraph 7 (2) (a) of the National Transport Commission Act 2003).
(2) It is intended that: (a) the States, the Australian Capital Territory and the Northern Territory will adopt the model legislation to form part of uniform or nationally consistent legislation relating to road transport, rail transport and intermodal transport; and (b) when so adopted, the legislation will constitute the primary law of the States, the Australian Capital Territory and the Northern Territory in relation to the transport of dangerous goods by road or rail.
Note: It is intended that when the model legislation is adopted by a State or Territory, the adopting State or Territory:
(a) in the case of a provision relating to strict liability for offences, or to defences against prosecution for offences, that are in curly brackets—will adopt, revise or do away with the provision; and
(b) in the case of words and phrases in curly brackets—will replace those words and phrases with appropriate expressions.
Schedule 1 may be cited as the Model Act on the Transport of Dangerous Goods by Road or Rail 2007.
Schedule 2 may be cited as the Model Subordinate Law on the Transport of Dangerous Goods by Road or Rail 2007.
Note 1: The numbers enclosed in parenthesis after many of the provisions are:
(a) in the case of Schedule 1—references to provisions in the existing Road Transport Reform (Dangerous Goods) Act 1995 or in the proposed Road Transport Reform (Compliance and Enforcement) Bill; and
(b) in the case of Schedule 2—references to provisions in the existing Road Transport Reform (Dangerous Goods) Regulations 1997 or Rail (Dangerous Goods) Rules.
Note 2: The numbering of the sections in Schedule 1 and of the clauses in Schedule 2 are provisional. The resulting gaps in the Table of Contents and in the numbering of the provisions will be fixed after public consultation.
This Act may be cited as the {Model Act on the Transport of Dangerous Goods by Road or Rail 2007}. (1)
Note: It is intended that when the model law is adopted by a State or Territory, the adopting State or Territory:
(a) in the case of a provision that is in curly brackets and relates to strict liability for offences, or to defences against prosecution for offences—will adopt, revise or do away with the provision; and
(b) in the case of other words and phrases that are in curly brackets—will replace those words and phrases with appropriate expressions. (new)
This Model Act was approved by the Australian Transport Council on 28 February 2007.
(1) The purpose of this Act is to regulate the transport of dangerous goods by road and rail in order to promote public safety and protect property and the environment. (3) (2) It is the intention of Parliament that the purpose of this Act will be achieved in the context of nationally consistent road and rail transport laws, having regard to regional and modal differences. (CEB 3)
(1) In this Act, unless the contrary intention appears:
ADG Code means the Australian Code for the Transport of Dangerous Goods by Road and Rail, approved by the Australian Transport Council.
authorised officer means an authorised officer appointed under section 12. (6)
Competent Authority means the relevant Competent Authority appointed under section 11. (6)
compliance purposes has the meaning given by subsection (2).
corresponding authority means a Competent Authority appointed under a corresponding law.
corresponding law means:
(a) a law of another jurisdiction corresponding, or substantially corresponding, to this Act; or
(b) a law of another jurisdiction that is declared under the regulations to be a corresponding law, whether or not the law corresponds, or substantially corresponds, to this Act.
dangerous goods means:
(a) a substance or article prescribed as dangerous goods; or
(b) a substance or article determined by the Competent Authority, in accordance with the {subordinate law}, to be dangerous goods. (6)
dangerous situation means a situation that is causing or is likely to cause imminent risk of serious injury to a person, significant harm to the environment or significant damage to property. (6)
driver of a vehicle includes:
(a) a two‑up driver of the vehicle who is present in or near the vehicle or combination; and
(b) a person who is driving the vehicle as a driver under instruction or under an appropriate learner licence or learner permit;
and where the vehicle is a unit of rolling stock forming part of a train but is not its locomotive, means the driver of the train.
driver licence means a licence (including a probationary and a conditional licence but not including a provisional or learner licence) issued under a State or Territory law authorising the licensee to drive a road vehicle.
employee means an individual who works under a contract of employment, apprenticeship or training.
employer means a person who employs persons under:
(a) contracts of employment, apprenticeship or training; or
(b) contracts for services.
government authority means:
(a) a department or an administrative unit of the public service; or
(b) an agency or instrumentality of the Crown; or
(c) a local government body; or
(d) the Competent Authority. (6)
improvement notice means an improvement notice issued under section 72.
involvement in the transport of dangerous goods includes:
(a) importing, or arranging for the importation of, dangerous goods into Australia; and
(b) packing dangerous goods for transport; and
(c) marking packages and overpacks containing dangerous goods for transport, and placarding containers and vehicles in which dangerous goods are transported; and
(d) consigning dangerous goods for transport, including the preparation of transport documentation; and
(e) loading dangerous goods onto a vehicle, or into a container that is to be put on a vehicle, for transport or unloading dangerous goods that have been transported; and
(f) undertaking, or being responsible for, otherwise than as an employee or sub‑contractor, the transport of dangerous goods; and
(g) driving a vehicle carrying dangerous goods; and
(h) being the consignee of dangerous goods that are transported; and
(i) being involved as a director, secretary or manager of a body corporate, or other person who takes part in the management of a body corporate, that takes part in an activity covered by this definition.
intelligent transport system means a system involving the use of electronic or other technology (whether located in or on a vehicle, or on or near a road or rail, or elsewhere) that has the capacity and capability to monitor, collect, store, display, analyse, transmit or report information relating to:
(a) a vehicle or its equipment or load, the driver of a vehicle, the operator of a fleet of vehicles or another person involved in road or rail transport; and
(b) without limiting the above, whether a vehicle is being operated in conformity with this Act and authorisations issued under it.
jurisdiction means the Commonwealth or a State or Territory.
offence means an offence against this Act. (6)
overpack, in relation to the transport of dangerous goods, means packaging (other than large packaging within the meaning of the {subordinate law}) used to hold and consolidate packages into a single unit for easier handling and stowage. (MSL)
Note: Examples
Note: Pallet, together with strapping or shrink wrapping, designed to hold packages.
Note: Box or crate into which packages are placed.
placard means a label or emergency information panel that is displayed in accordance with Chapter 5.3 of the ADG Code on:
(a) a transport unit; or
(b) a container having one or more receptacles with a capacity of more than 500 kilograms or litres.
premises includes a structure, whether permanent or temporary, and land, but does not include a vehicle. (6)
prime contractor, in respect of the transport of dangerous goods by road, means the person who, in conducting a business for or involving the transport of dangerous goods by road, has undertaken to be responsible for, or is responsible for, the transport of the goods by road.(MSL 1.2.22)
public authority means:
(a) the Crown in any capacity; or
(b) a body established by or under law, or the holder of an office established by or under law, for a public purpose, including a local government authority; or
(c) a police force or police service.
public place includes a place:
(a) of public resort open to or used by the public as of right; or
(b) for the time being:
(i) used for a public purpose; or
(ii) open to access by the public;
whether on payment or otherwise; or
(c) open to access by the public by the express or tacit consent or sufferance of the owner of that place, whether the place is or is not always open to the public.
rail operator, in respect of the transport of dangerous goods by rail, means the person who has undertaken to be responsible, or is responsible, for:
(a) the transport of the goods by rail; or
(b) the condition of a unit of rolling stock transporting the goods. (MSL 1.2.23)
road law has the same meaning as in the {Road Transport Reform (Compliance and Enforcement) Act 200‑}..
Note: Each State or Territory should replace the words in curly brackets with the name of the Act adopted in the State or Territory to implement the Road Transport Reform (Compliance and Enforcement) Bill—Model provisions, approved by the Australian Transport Council and dated 3 November 2003.
this Act includes the {subordinate law}. (6)
train means 2 or more units of rolling stock (at least 1 unit of which is a locomotive or self‑propelled unit) that are coupled together.
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 of packages and overpacks containing dangerous goods, and the placarding of containers and vehicles in or on which dangerous goods are transported; and
(c) other matters incidental to their transport. (6 + MSL)
transport documentation means documentation that complies with Chapter 11.1 of the ADG Code.
two‑up driver means a person accompanying a driver of a vehicle on a journey or part of a journey, who has been, is or will be sharing the task of driving the vehicle during the journey.
unit of rolling stock means a vehicle designed to run on rails.
vehicle means:
(a) a road vehicle, including an articulated vehicle; or
(b) a unit of rolling stock. (MSL)
warrant means a warrant issued under section 49.
(2) For the purposes of this Act, a power to give a direction or to inspect a vehicle or premises or to search premises is exercised for compliance purposes if the power is exercised: (a) to find out whether this Act is being complied with; or (b) to investigate an offence or suspected offence.
(1) This Act binds the Crown in right of this jurisdiction and, in so far as the legislative power of the Parliament of this jurisdiction permits, the Crown in all its other capacities. (CEB 4) (2) Nothing in this Act renders the Crown liable to be prosecuted for an offence. (new)
(1) The provisions of the Acts Interpretation Act 1901 of the Commonwealth apply to the interpretation of this Act, except that: (a) Gazette is to refer to the Government Gazette of this jurisdiction; and (b) Minister is to refer to the responsible Minister of this jurisdiction. (CEB 7) (2) This section does not prevent the {interpretation legislation of this jurisdiction} from applying to the interpretation of this Act to the extent that it can do so consistently with the application of the provisions of the Acts Interpretation Act 1901 of the Commonwealth. (CEB 7) (3) This section has effect subject to section 4.} (CEB 7)
(1) This Act does not apply to: (a) dangerous goods that are, or form part of, personal safety equipment of persons in a vehicle transporting dangerous goods; and (b) dangerous goods that are in a container that is designed to form part of, and forms part of, the fuel or battery system of a vehicle’s engine, auxiliary engine, fuel burning appliance or other part of a vehicle’s propulsion equipment. (10 + new) (2) The provisions of this Act have effect despite any other law. (10)
(1) The {Governor/Executive} may make {subordinate law} prescribing matters: (a) required or permitted to be prescribed by this Act; or (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act. (11) (2) In particular, the {subordinate law} may make provision relating to the following: (a) a system of classification of dangerous goods; (b) classes of goods that are too dangerous to be transported; (c) the determination by the Competent Authority of which class goods belong to; (d) the analysis and testing of dangerous goods; (e) fees that are to be paid for things done under this Act; (f) the marking and labelling of packages and overpacks containing dangerous goods for transport and the placarding of containers and vehicles in or on which dangerous goods are transported; (g) containers, vehicles, packaging, equipment and other items used in the transport of dangerous goods; (h) the manufacture of containers, vehicles, packaging, equipment and other items for use in the transport of dangerous goods; (i) voluntary accreditation schemes, including privileges to be accorded or sanctions to be imposed under the schemes and the cancellation or suspension of the schemes; (j) the loading of dangerous goods for, and the unloading of dangerous goods after, their transport; (k) the determination by the Competent Authority of routes along which, the areas in which and the times during which
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