8Powers to make {subordinate law} and adoption of codes and standards

8 Powers to make {subordinate law} and adoption of codes and standards

(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)