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National Transport Commission (Model Legislation—Transport of Dangerous Goods by Road or Rail) Regulations 2007
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Turn the raw legal text into a practical explanation grounded in National Transport Commission (Model Legislation—Transport of Dangerous Goods by Road or Rail) Regulations 2007.
Despite anything in this Division, the marking and labelling of dangerous goods that: (a) are packed in limited quantities in accordance with Chapter 3.4 of the ADG Code; or (b) transported as a retail distribution load in accordance with Chapter or 7.3 of the ADG Code; may be made in accordance with that Chapter.
(1) A package or overpack of dangerous goods is appropriately marked if the package or overpack is marked and labelled in accordance with Chapter 5.2 of the ADG Code. (7.2, amd) (2) An IBC, MEGC, pressure drum, tube or demountable tank with a capacity of more than 500 kilograms or litres is appropriately marked if it is placarded in accordance with Section 5.3.3 of the ADG Code.
(1) A person must not consign dangerous goods for transport if the package or overpack is not appropriately marked.
Offence provision.
(2) A person must not consign dangerous goods for transport if a marking or label on the package or overpack about its contents is false or misleading in a material particular.
Offence provision.
(3) A person must not consign goods for transport in a package or overpack that does not contain dangerous goods but is marked or labelled as if it contained dangerous goods.
Offence provision. (7.3, amd)
{(4) An offence against {subclause} (1), (2) or (3) is an offence of strict liability.}
(1) A person must not pack dangerous goods for transport if the person knows, or reasonably ought to know, that the package or overpack will not be appropriately marked when the goods are transported.
Offence provision.
(2) A person who packs dangerous goods for transport must not mark or label a package or overpack with a marking or label about its contents that the person knows, or reasonably ought to know, is false or misleading in a material particular.
Offence provision.
(3) A person who packs goods for transport must not mark or label a package or overpack that the person knows, or reasonably ought to know, does not contain dangerous goods as if it contained dangerous goods.
Offence provision. (7.4, amd)
(1) A prime contractor or rail operator must not transport goods if the prime contractor or rail operator knows, or reasonably ought to know, that: (a) the goods are dangerous goods; and (b) the package or overpack is not appropriately marked.
Offence provision.
(2) A prime contractor or rail operator must not transport dangerous goods if the prime contractor or rail operator knows, or reasonably ought to know, that a marking or label on the package or overpack about its contents is false or misleading in a material particular.
Offence provision.
(3) A prime contractor or rail operator must not transport goods if the prime contractor or rail operator knows, or reasonably ought to know, that the package or overpack does not contain dangerous goods but is marked or labelled as if it contained dangerous goods.
Offence provision. (7.5, amd)
(1) A load of dangerous goods must be placarded if: (a) the load contains dangerous goods in a receptacle with: (i) a capacity of more than 500 litres; or (ii) a net mass of more than 500 kilograms; or (b) the aggregate quantity of the load of dangerous goods is 250 or more and the load contains: (i) dangerous goods of UN Division 2.1 that are not aerosols; or (ii) dangerous goods of UN Division 2.3; or (iii) dangerous goods of Packing Group I; or (c) the load contains dangerous goods of Category A of UN Division 6.2; or (d) the load contains dangerous goods of UN Division 6.2 (other than Category A) that have an aggregate quantity of 10 or more; or (e) the load contains dangerous goods that have an aggregate quantity of 1 000 or more. (2) However, a retail distribution load that complies with Chapter 7.3 of the ADG Code is not a load that must be placarded.
(1) A person placards a load of dangerous goods if the person affixes, stencils, prints or places a label on a transport unit in or on which the goods are being, or are to be, transported. (2) In this Division, a placard load is appropriately placarded if the transport unit in or on which the dangerous goods are being, or are to be, transported is placarded in accordance with Chapter 5.3 of the ADG Code. (7.6, amd)
(1) A person must not consign a placard load for transport if the load is not appropriately placarded.
Offence provision.
(2) A person must not consign a placard load for transport if the placarding of the load is false or misleading in a material particular.
Offence provision.
(3) A person must not consign goods for transport in a load that does not contain dangerous goods but is placarded as if it were a placard load.
Offence provision. (7.7, amd/2)
(1) A person who loads dangerous goods for transport must ensure that the load is appropriately placarded, if the person knows, or reasonably ought to know, that the goods are a placard load.
Offence provision.
(2) A person who loads a placard load for transport must not placard the load with placarding that the person knows, or reasonably ought to know, is false or misleading in a material particular.
Offence provision. (7.8)
(3) A person who loads goods for transport must not placard the load if the person knows, or reasonably ought to know, that the load does not contain dangerous goods.
Offence provision.
(1) A prime contractor or rail operator must not transport dangerous goods if the prime contractor or rail operator knows, or reasonably ought to know, that: (a) the goods are a placard load; and (b) the load is not appropriately placarded.
Offence provision.
(2) A prime contractor or rail operator must not transport a placard load if the prime contractor or rail operator knows, or reasonably ought to know, that the placarding of the load is false or misleading in a material particular.
Offence provision.
(3) A prime contractor or rail operator must not use or permit to be used a transport unit that is placarded as if it is transporting a placard load if the person knows or reasonably ought to know that the unit load does not contain dangerous goods but is placarded as if it were a placard load.
Offence provision. (7.9)
(1) A person must not drive a road vehicle transporting dangerous goods if the person knows, or reasonably ought to know, that: (a) the goods are a placard load; and (b) the load is not appropriately placarded.
Offence provision.
(2) A person must not drive a road vehicle transporting a placard load if the person knows, or reasonably ought to know, that the placarding of the load is false or misleading in a material particular.
Offence provision.
(3) A person must not drive a road vehicle that is or incorporates a transport unit that is placarded as if it is transporting a placard load if the person knows or reasonably ought to know that the load does not contain dangerous goods but is placarded as if it were a placard load.
Offence provision. (7.10‑road only)
(1) The owner of a vehicle must not use the vehicle, or permit it to be used, to transport dangerous goods if the vehicle or its equipment does not comply with Chapters 4.4 and 6.9 of the ADG Code. (8.1, amd/2)
Offence provision.
{(2) An offence against {subclause} (1) is an offence of strict liability.}
A person must not consign dangerous goods for transport in or on a vehicle if the person knows, or reasonably ought to know, that the vehicle or its equipment does not comply with Chapters 4.4 and 6.9 of the ADG Code. (8.2, amd/2)
Offence provision.
A person must not load dangerous goods for transport in or on a vehicle if the person knows, or reasonably ought to know, that the vehicle or its equipment does not comply with Chapters 4.4 and 6.9 of the ADG Code. (8.4‑rail only, amd/2)
Offence provision.
(1) A prime contractor or rail operator must not use a vehicle to transport dangerous goods if the vehicle or its equipment does not comply with Chapters 4.4 and 6.9 of the ADG Code. (8.3, amd/2)
Offence provision.
{(2) An offence against {subclause} (1) is an offence of strict liability.}
A person must not drive a road vehicle transporting dangerous goods if the person knows, or reasonably ought to know, that the road vehicle or its equipment does not comply with Chapters 4.4 and 6.9 of the ADG Code. (8.4‑road, amd/2)
Offence provision.
This Division applies to the transport by road or rail of the following types of dangerous goods: (a) gases of Class 2; (b) self‑reactive substances of UN Division 4.1; (c) organic peroxides of UN Division 5.2; (d) other substances stabilized by temperature control for which: (i) the proper shipping name contains the word ‘STABILIZED’; and (ii) the self‑accelerating decomposition temperature when presented for transport in a package, IBC or tank is 50°C or lower; (e) toxic substances of UN Division or Subsidiary Risk 6.1; (f) infectious substances of UN Division 6.2; (g) dangerous when wet substances of UN Division 4.3.
A person must not consign dangerous goods to which this Division applies for transport by road or rail in a transport unit if the person knows or reasonably ought to know that the goods are not loaded, stowed, transported or unloaded in accordance with Chapter 7.1 of the ADG Code.
Offence provision.
(1) A person must not load dangerous goods to which this Division applies for transport by road or rail in a transport unit other than in accordance with Chapter 7.1 of the ADG Code.
Offence provision.
(2) An offence against sub{clause} (1) is an offence of strict liability. (new)
A prime contractor or rail operator must not transport dangerous goods to which this Division applies if the contractor or rail operator knows the dangerous goods will not be transported in accordance with Chapter 7.1 of the ADG Code.
Offence provision.
A person must not drive a road vehicle transporting dangerous goods to which this Division applies if the person knows the dangerous goods will not be transported in accordance with Chapter 7.1 of the ADG Code.
Offence provision.
Note: Section 70 of the Act provides for the duties of consignors of goods too dangerous to be transported, prescribes the people who are to be regarded as the consignors of such goods and provides for the relevant offence and penalty for consigning them for transport.
This Division applies to goods too dangerous to be transported.
A person must not load goods for transport in or on a transport unit if the person knows, or reasonably ought to know, that the goods are goods that are too dangerous to be transported.
Offence provision.
A prime contractor or rail operator must not transport goods if the contractor or operator knows, or reasonably ought to know, that the goods are goods that are too dangerous to be transported.
Offence provision.
A person must not drive a vehicle transporting goods if the person knows, or reasonably ought to know, that the goods are goods that are too dangerous to be transported.
Offence provision.
A person must not consign for transport in or on a vehicle a load of dangerous goods that is a placard load if the person knows, or reasonably ought to know, that the goods are not attached and stowed in accordance with Part 8 of the ADG Code. (9.9, amd/2)
Offence provision.
(1) A person must not load for transport in or on a vehicle a load of dangerous goods that is a placard load if the goods are not attached and stowed in accordance with Part 8 of the ADG Code. (9.10, amd/2)
Offence provision.
{(2) An offence against {subclause} (1) is an offence of strict liability.}
A prime contractor or rail operator must not transport in or on a vehicle a load of dangerous goods that is a placard load if the prime contractor or rail operator knows, or reasonably ought to know, that the goods are not attached and stowed on the vehicle in accordance with Part 8 of the ADG Code. (9.11, amd/2)
Offence provision.
A person must not drive a road vehicle transporting a load of dangerous goods that is a placard load if the person knows, or reasonably ought to know, that the goods are not attached and stowed on the road vehicle or freight container in accordance with Part 8 of the ADG Code. (9.12‑road only, amd/2)
Offence provision.
This Part applies to: (a) the transport of a placard load; and (b) the transport of a load of dangerous goods that is not a placard load if the load contains dangerous goods of UN Division 2.3, UN Class 6 or UN Class 8 that are being, or are to be, transported with food or food packaging. (9.1, amd)
Despite {clauses} 9.1.3 to 9.1.7, food and food packaging may be transported on a road vehicle with incompatible goods if the food or packaging is in the road vehicle’s cabin and is for the driver’s personal use. (9.3‑road only)
A person must not consign dangerous goods for transport in or on a vehicle if the person knows, or reasonably ought to know, that: (a) the vehicle is, in the same journey, transporting incompatible goods; and (b) the dangerous goods will not be segregated from the incompatible goods in accordance with: (i) Part 9 of the ADG Code; or (ii) any determination under paragraph 1.6.1 (2) (b); or (iii) any approval under {subclause} 9.1.8 (3).
Offence provision.
A person must not load dangerous goods for transport in or on a vehicle or in a freight container if the person knows, or reasonably ought to know, that: (a) the vehicle or freight container is, in the same journey, transporting incompatible goods; and (b) the dangerous goods will not be segregated from the incompatible goods in accordance with: (i) Part 9 of the ADG Code; or (ii) any determination under paragraph 1.6.1 (2) (b) or (iii) any approval under {subclause} 9.1.8 (3).
Offence provision.
A prime contractor must not use a road vehicle to transport dangerous goods if the person knows, or reasonably ought to know, that: (a) the road vehicle is, in the same journey, transporting incompatible goods; and (b) the dangerous goods are not segregated from the incompatible goods in accordance with: (i) Part 9 of the ADG Code; or (ii) any determination under paragraph 1.6.1 (2) (b); or (iii) any approval under {subclause} 9.1.8 (3).
Offence provision.
A rail operator must not use a train to transport dangerous goods if the person knows, or reasonably ought to know, that: (a) the train is, in the same journey, transporting incompatible goods; and (b) the dangerous goods are not segregated from the incompatible goods in accordance with: (i) Part 9 of the ADG Code; or (ii) any determination under paragraph 1.6.1 (2) (b); or (iii) any approval under {subclause} 9.1.8 (3).
Offence provision.
A person must not drive a road vehicle transporting dangerous goods if the person knows, or reasonably ought to know, that: (a) the road vehicle is, in the same journey, transporting incompatible goods; and (b) the dangerous goods are not segregated from the incompatible goods in accordance with: (i) Part 9 of the ADG Code; or (ii) any determination under paragraph 1.6.1 (2) (b) or (iii) any approval under {subclause} 9.1.8 (3).
Offence provision.
(1) An application for approval of a design for a Type II segregation device for use in the transport of dangerous goods must: (a) include any information required under Chapter 6.11 of the ADG Code; and (b) if a fee is prescribed for the application—be accompanied by the prescribed fee. (2) The Competent Authority may, on application in accordance with {subclause} (1) and {clause} 17.1.1, approve a design for a Type II segregation device if the design complies with Chapter 6.11 of the ADG Code. (3) The Competent Authority may, on application made in accordance with {clause} 17.1.1, approve a method of segregation not complying with Part 9 of the ADG Code for transporting dangerous and incompatible goods by road, if the Authority considers that: (a) it is impracticable to segregate the goods by a segregation device, or method of segregation, complying with the Chapter; and (b) the risk involved in using the method to transport the goods by road is not greater than the risk involved in using a device or method complying with the Chapter to transport the goods by road. (4) The approval of the design or method may be subject to any condition necessary for the safe transport of dangerous goods. (9.8, amd)
In this Part:
bulk transfer means the transfer by gravity, pump or pressure differential of liquid, solid or gaseous dangerous goods, by the use of pipework or hose, into or out of a tank vehicle, or into or out of a portable tank, demountable tank, bulk container, pressure drum, tube, MEGC or IBC that is on a vehicle.
This Division applies to bulk transfer into or out of a tank vehicle or: (a) a portable tank; or (b) a MEGC; or (c) a tube; or (d) a pressure drum; or (e) a bulk container; or (f) a demountable tank; or (g) an IBC, that is on a vehicle.
(1) A person who uses a hose assembly for the transfer of dangerous goods must comply with Chapter 10.1 of the ADG Code.
Offence provision.
(2) A person must not use a hose assembly for the transfer of dangerous goods if the person knows, or reasonably ought to know, that the assembly is damaged or defective.
Offence provision.
(3) A person must not use a hose assembly for bulk transfer of dangerous goods if the person knows, or reasonably ought to know, that the hose assembly: (a) was not constructed, assembled and maintained in accordance with Chapter 10.1 of the ADG Code; or (b) was not inspected or tested at the intervals, or in the way, required under the Chapter; or (c) did not satisfy a test under the Chapter.
Offence provision.
{(4) An offence against {subclause} (1) is an offence of strict liability.}
(1) A person engaged in the bulk transfer of dangerous goods must ensure that the goods are transferred: (a) in accordance with Chapter 10.2 of the ADG Code; and (b) in a way that averts, eliminates or minimises risk.
Offence provision.
(2) A person engaged in the bulk transfer of dangerous goods must not transfer dangerous goods if the person knows, or reasonably ought to know, that: (a) the receiving receptacle or the transfer equipment is incompatible with the dangerous goods; or (b) the receptacle contains incompatible goods.
Offence provision.
(3) If dangerous goods leak, spill or accidentally escape during bulk transfer, the person transferring the goods: (a) must immediately stop transferring the goods; and (b) must take all practicable steps to avert, eliminate or minimise risk; and (c) must not start transferring the goods again until the conditions causing the leak, spill or escape have been rectified.
Offence provision.
{(4) It is a defence to a prosecution for an offence against {subclause} (1) that the person complied with that {subclause} as far as practicable.} (10.5, amd/1 and 2)
(1) The occupier of premises where bulk transfer of dangerous goods occurs must ensure that any hose assembly on the premises that is used, or intended to be used, for the transfer (other than a hose assembly brought onto the premises on the vehicle involved in the transfer): (a) is constructed, assembled and maintained in accordance with Chapter 10.1 of the ADG Code; and (b) is inspected and tested at the intervals, and in the way, required under the Chapter; and (c) satisfies each test under the Chapter.
Offence provision.
(2) The occupier of premises where bulk transfer of dangerous goods occurs must ensure that the goods are transferred: (a) in accordance with Chapter 10.2 of the ADG Code; and (b) in a way that averts, eliminates or minimises risk.
Offence provision.
(3) The occupier must keep, in accordance with section 10.1.3.4 of the ADG Code, accurate records of all maintenance work, and each inspection and test, carried out on the hose assembly.
Offence provision.
{(4) An offence against {subclause} (3) is an offence of strict liability.} {(5) It is a defence to a prosecution for an offence against {subclause} (2) that the person complied with that {subclause} as far as practicable.} (10.7, amd/1 and 2)
(1) A prime contractor must not engage in the bulk transfer of dangerous goods if a hose assembly that is used, or intended to be used, for the transfer of the dangerous goods (other than a hose assembly for which the prime contractor is not responsible): (a) was not constructed, assembled and maintained in accordance with Chapter 10.1 of the ADG Code; or (b) was not inspected or tested at the intervals, or in the way, required under the Chapter; or (c) did not satisfy a test under the Chapter.
Offence provision.
(2) A prime contractor engaged in the bulk transfer of dangerous goods must ensure that dangerous goods are transferred: (a) in accordance with Chapter 10.2 of the ADG Code; and (b) in a way that averts, eliminates or minimises risk.
Offence provision.
(3) The prime contractor must keep, in accordance with section 10.1.3.4 of the ADG Code, accurate records of all maintenance work, and each inspection and test, carried out on the hose assembly.
Offence provision.
{(4) An offence against {subclause} (1) or (3) is an offence of strict liability.} {(5) It is a defence to a prosecution for an offence against {subclause} (2) that the person complied with that {subclause} as far as practicable.} (10.8, amd/1 and 2)
(1) A rail operator must not engage in the bulk transfer of dangerous goods if a hose assembly that is used, or intended to be used, for the transfer of the dangerous goods (other than a hose assembly for which the rail operator is not responsible): (a) was not constructed, assembled and maintained in accordance with Chapter 10.1 of the ADG Code; or (b) was not inspected or tested at the intervals, or in the way, required under the Chapter; or (c) did not satisfy a test under the Chapter.
Offence provision.
{(2) An offence against {subclause} (1) is an offence of strict liability.} (10.8‑rail, amd)
This Division applies to bulk transfer into a tank vehicle.
(1) A person engaged in the bulk transfer of dangerous goods must ensure that: (a) for dangerous goods of UN Class 2 that are not in the form of refrigerated liquid—the quantity of the goods in the tank to which the goods are transferred does not exceed the maximum permitted filling ratio set out in section 10.3.2 of the ADG Code; and (b) in any other case—the ullage in the tank complies with section 10.3.1 of the ADG Code.
Offence provision.
{(2) It is a defence to a prosecution for an offence against {subclause} (1) that the person complied with the {subclause} as far as practicable.} (10.1, amd/2)
(1) A prime contractor or rail operator must not engage in the bulk transfer of dangerous goods if: (a) for dangerous goods of UN Class 2 that are not in the form of refrigerated liquid—the quantity of goods in the tank exceeds the maximum permitted filling ratio set out in section 10.3.2 of the ADG Code; or (b) in any other case—the ullage in the tank does not comply with section 10.3.1 of the ADG Code.
Offence provision.
{(2) An offence against {subclause} (1) is an offence of strict liability.} (10.2. amd/2)
A person must not drive a road tank vehicle that is transporting dangerous goods if the person knows, or reasonably ought to know, that: (a) for dangerous goods of UN Class 2 that are not in the form of refrigerated liquid—the quantity of goods in the tank exceeds the maximum permitted filling ratio set out in section 10.3.2 of the ADG Code; or (b) in any other case—the ullage in the tank does not comply with section 10.3.1 of the ADG Code. (10.3, amd/2)
Offence provision.
A person must not include information in transport documentation for dangerous goods that the person knows or reasonably ought to know is false or misleading in a material particular. (11.1)
Offence provision.
Note: Example of false information in transport documentation
Note: A person named as consignor of the dangerous goods if the person is not the consignor of the goods.
(1) A person must not consign dangerous goods for transport in or on a road vehicle if the prime contractor or driver of the road vehicle does not have transport documentation that complies with Chapter 11.1 of the ADG Code for the goods.
Offence provision.
(2) A person must not consign dangerous goods for transport by road if: (a) the person knows, or reasonably ought to know, that the goods will be divided into, and transported in, separate loads; and (b) the prime contractor, or the driver of each road vehicle transporting the load, has not been given separate transport documentation that complies with Chapter 11.1 of the ADG Code for each load.
Offence provision.
{(3) For this {clause}: (a) an offence against {subclause} (1) is an offence of strict liability; and (b) strict liability applies to paragraph (2) (b).} (11.2‑road, amd/2)
(1) A person must not consign dangerous goods for transport in or on a unit of rolling stock if the rail operator does not have transport documentation that complies with Chapter 11.1 of the ADG Code for the goods.
Offence provision.
(2) A person is taken to have satisfied {subclause} (1) if the person has communicated the contents of the transport documentation to the rail operator by means of electronic data processing or electronic data interchange. (11.2‑rail) {(3) An offence against {subclause} (1) is an offence of strict liability.}
(1) A prime contractor must ensure that a person does not drive a road vehicle used by the prime contractor to transport dangerous goods if the person has not been given transport documentation that complies with Chapter 11.1 of the ADG Code for the goods. (11.3‑road, amd/2)
Offence provision.
{(2) An offence against {subclause} (1) is an offence of strict liability.}
(1) A rail operator must not transport dangerous goods by rail unless the driver of the train transporting the goods has been given transport documentation that complies with Chapter 11.1 of the ADG Code for the goods.
Offence provision.
{(2) An offence against {subclause} (1) is an offence of strict liability.}
(1) The driver of a road vehicle transporting dangerous goods must carry transport documentation for the goods.
Offence provision.
(2) The driver of a road vehicle transporting dangerous goods must produce the transport documentation for the goods for inspection by an authorised officer, or an officer of an emergency service, if the officer asks the driver to produce the documentation for inspection.
Offence provision.
{(3) An offence against {subclause} (1) or (2) is an offence of strict liability.} (11.4‑road, amd/2)
(1) This {clause} does not apply if the train driver transporting dangerous goods is engaged in shunting operations and the transport documentation for the goods is readily available elsewhere in the immediate vicinity of those operations. (2) A person must not drive a train, from a depot or yard, that the person knows, or reasonably ought to know, is transporting dangerous goods, if the person does not have transport documentation that complies with Chapter 11.1 of the ADG Code for the goods.
Offence provision.
(3) A train driver transporting dangerous goods must produce the transport documentation for the goods for inspection by an authorised officer or an officer of an emergency service, if the officer asks the driver to produce the documentation for inspection. (11.4‑rail, amd)
Offence provision.
{(4) An offence against {subclause} (3) is an offence of strict liability.}
In this Division:
required emergency information means:
(a) emergency information that complies with Chapter 11.2 of the ADG Code; or
(b) emergency information that is approved under {clause} 11.2.7. (11.5)
A person must not consign a placard load for transport in or on a vehicle if the person knows, or reasonably ought to know, that the required emergency information is not on the vehicle. (11.6‑road)
Offence provision.
(1) A prime contractor must not use a road vehicle to transport a placard load if: (a) the road vehicle is not equipped with an emergency information holder that complies with Chapter 11.2 of the ADG Code; or (b) the required emergency information is not in the holder. (11.7‑road, amd/2)
Offence provision.
{(2) An offence against {subclause} (1) is an offence of strict liability.}
(1) A rail operator must not transport a placard load in a transport unit on a train if the emergency information for the goods is not in the train driver’s cab.
Offence provision.
(2) {Subclause} (1) does not apply when a train transporting a placard load is involved in shunting operations and the emergency information for the goods is readily available elsewhere in the immediate vicinity of those operations. (11.7‑rail) {(3) An offence against {subclause} (1) is an offence of strict liability.} (11.11‑rail, amd)
(1) A person must not drive a road vehicle transporting a placard load if: (a) the road vehicle is not equipped with an emergency information holder that complies with Chapter 11.2 of the ADG Code; and (b) the required emergency information provided by the consignor of the goods, or by the prime contractor for the transport of the goods, is not in the holder. (11.8‑road, amd/2)
Offence provision.
(2) The driver of a road vehicle transporting a placard load must ensure that the road vehicle’s emergency information holder contains only: (a) the required emergency information; and (b) the transport documentation for the goods.
Offence provision.
(3) The driver of a road vehicle transporting a placard load must produce the required emergency information for inspection by an authorised officer, or an officer of an emergency service, if the officer asks the driver to produce the information for inspection.
Offence provision.
{(4) An offence against {subclause (1), (2) or (3) is an offence of strict liability.}
(1) A person must not drive a train that is transporting a placard load from a depot or yard if the emergency information for the goods is not in the train driver’s cab.
Offence provision.
(2) A train driver transporting a placard load must produce the required emergency information for inspection by an authorised officer or an officer of an emergency service, if the officer asks the driver to produce the information for inspection.
Offence provision.
(3) {Subclauses} (1) and (2) do not apply if the train driver transporting dangerous goods is engaged in shunting operations and the emergency information for the goods is readily available elsewhere in the immediate vicinity of those operations. (11.8‑rail, amd) {(4) An offence against {subclause} (1) or (2) is an offence of strict liability.}
The Competent Authority may, on application in accordance with {clause} 17.1.1 or on the Authority’s own initiative, approve emergency information that does not comply with Chapter 11.2 of the ADG Code if the Authority considers that use of the information would be as accurate, and at least as convenient and efficient, as information that complies with the Chapter. (11.9)
(1) The owner of a road vehicle must not use the road vehicle, or allow the road vehicle to be used, to transport a placard load if the road vehicle is not equipped with: (a) fire extinguishers and portable warning devices that comply with Part 12 of the ADG Code; and (b) any other equipment required under the Part.
Offence provision.
{(2) An offence against {subclause} (1) is an offence of strict liability.} (12.1, amd/2)
(1) A prime contractor must not use a road vehicle to transport a placard load if the road vehicle is not equipped with: (a) fire extinguishers and portable warning devices that comply with Part 12 of the ADG Code; and (b) any other equipment required under the Part.
Offence provision.
(2) A prime contractor must not use a road vehicle to transport a placard load if the prime contractor knows, or reasonably ought to know, that the equipment for the road vehicle mentioned in {subclause} (1): (a) has not been inspected or tested in accordance with the Part; or (b) is not in good repair or is not in proper working order.
Offence provision.
{(3) An offence against {subclause} (1) or (2) is an offence of strict liability.} (12.2, amd/2)
(1) A person must not drive a road vehicle transporting a placard load if the road vehicle is not equipped with: (a) fire extinguishers and portable warning devices that comply with Part 12 of the ADG Code; and (b) any other equipment required under the Part.
Offence provision.
(2) A person must not drive a road vehicle transporting a placard load if the person knows, or reasonably ought to know, that the equipment for the road vehicle mentioned in {subclause} (1): (a) is not stowed in accordance with Part 12 of the ADG Code; or (b) has not been inspected or tested in accordance with the Part; or (c) is not in good repair or is not in proper working order.
Offence provision.
{(3) An offence against {subclause} (1) is an offence of strict liability.} (12.3, amd/2)
(1) This {clause} applies if a road vehicle transporting a placard load: (a) is broken down or otherwise immobilised, or has stopped, on a road; and (b) is a traffic hazard. (2) The driver must alert other road users of the hazard in accordance with Part 13 of the ADG Code.
Offence provision.
{(3) An offence against {subclause} (2) is an offence of strict liability.} (13.1‑road, amd/2)
(1) If a prime contractor knows or ought reasonably to know that a road vehicle transporting a placard load has broken down or is otherwise immobilised on a road, the prime contractor must, as soon as practicable, ensure that the road vehicle is: (a) repaired so that it can be driven safely off the road; or (b) towed to a place where it can be repaired.
Offence provision.
(2) The prime contractor must: (a) remove the dangerous goods from the road vehicle before the road vehicle is repaired or towed; and (b) transport the dangerous goods from the place of the breakdown; if the risk involved in complying with paragraphs (a) and (b) is not greater than the risk involved in not complying with the paragraphs.
Offence provision.
If a train transporting a placard load fails or is otherwise immobilised, the rail operator must, as soon as practicable, take all appropriate steps to ensure that a dangerous situation does not arise. (13.2‑rail, amd)
Offence provision.
(1) The driver of a road vehicle transporting a placard load must not allow anyone else to ride in the vehicle except in accordance with Part 13 of the ADG Code.
Offence provision.
{(2) An offence against {subclause} (1) is an offence of strict liability.} (13.4, amd/2)
(1) The driver of a road vehicle transporting a placard load must not park the road vehicle, or leave the road vehicle standing, in a public or private place except in accordance with Part 13 of the ADG Code.
Offence provision.
{(2) An offence against {subclause} (1) is an offence of strict liability.} (13.5, amd/2)
(1) This {clause} applies to a road vehicle transporting a load of dangerous goods that contains dangerous goods that: (a) are in a receptacle with a capacity of more than 500 litres or kilograms; and (b) are UN Division 2.1, UN Class 3, 4 or 5 dangerous goods or dangerous goods that have a subsidiary risk of 2.1, 3, 4 or 5.1. (2) The driver of the road vehicle must not: (a) have matches or a cigarette lighter in his or her possession in the road vehicle; or (b) smoke in the road vehicle.
Offence provision.
(3) The driver must do everything practicable to ensure that anyone else in the road vehicle does not: (a) have matches or a cigarette lighter in his or her possession; or (b) smoke.
Offence provision.
{(4) An offence against {subclause} (2) is an offence of strict liability.} (13.6‑road, amd/2)
(1) The driver of a road vehicle transporting dangerous goods must not permit the dangerous goods to be unloaded from the vehicle except in accordance with Part 13 of the ADG Code.
Offence provision.
{(2) An offence against {subclause} (1) is an offence of strict liability.} (13.4, amd/2)
(1) The driver of a road vehicle that has attached to it a trailer transporting dangerous goods must not detach the trailer or permit it to be detached from the vehicle except in accordance with Part 13 of the ADG Code.
Offence provision.
{(2) An offence against {subclause} (1) is an offence of strict liability.} (13.4, amd/2)
(1) The driver of a road tank vehicle equipped with a burner must not operate the burner or permit it to be operated except in accordance with Part 13 of the ADG Code.
Offence provision.
{(2) An offence against {subclause} (1) is an offence of strict liability.} (13.4, amd/2)
(1) A prime contractor or rail operator must not transport goods contrary to a determination under {clause} 1.6.3.
Offence provision.
{(2) An offence against {subclause} (1) is an offence of strict liability.} (13.8, amd/2)
(1) A person must not drive a road vehicle transporting goods contrary to a determination under {clause} 1.6.3.
Offence provision.
{(2) An offence against {subclause} (1) is an offence of strict liability.} (13.9‑road, amd/2)
(1) This {clause} applies if a road vehicle transporting dangerous goods is involved in an incident resulting in a dangerous situation. (2) The driver of the road vehicle must: (a) notify the prime contractor, and the police or fire service, of the incident as soon as practicable; and (b) provide the reasonable assistance required by an authorised officer, or an officer of an emergency service, to deal with the situation. (14.1‑road, amd/2)
Offence provision.
{(3) An offence against {subclause} (2) is an offence of strict liability.}
(1) This {clause} applies if train transporting dangerous goods is involved in an incident resulting in a dangerous situation. (2) The driver of the train must: (a) notify the rail contractor or the rail authority of the incident as soon as practicable; and (b) provide the reasonable assistance required by an authorised officer, or an officer of an emergency service, to deal with the situation. (14.1‑road, amd/2)
Offence provision.
(3) Where the rail operator is notified by the train driver of the incident, the rail operator must: (a) notify the rail authority, and the police or fire service, of the incident as soon as practicable; and (b) provide the reasonable assistance required by an authorised officer, or an officer of an emergency service, to deal with the situation. (14.1‑road, amd/2)
Offence provision.
(4) Where the rail authority is notified by the train driver of the incident, the rail operator must: (a) notify the police or fire service, of the incident as soon as practicable; and (b) provide the reasonable assistance required by an authorised officer, or an officer of an emergency service, to deal with the situation. (14.1‑road, amd/2)
Offence provision.
{(5) An offence against {subclause} (3) or (4) is an offence of strict liability.}
(1) This {clause} applies if an incident involving food or food packaging and a vehicle transporting dangerous goods results in the leakage, spillage or accidental escape of the dangerous goods, contamination of the food or food packaging, or a fire or explosion. (2) The food or food packaging must not be transported from the site of an incident during road transport of dangerous goods if the Competent Authority has not given permission to the prime contractor to do so.
Offence provision.
(3) The food or food packaging must not be removed from rail premises unless the Competent Authority has given permission to the rail operator.
Offence provision.
(4) A permission under {subclause} (2) or (3): (a) must be in writing; and (b) must state the name of the person to whom it is given; and (c) must identify the relevant incident; and (d) must identify the food or food packaging to which it relates; and (e) must take into consideration any requirements of the appropriate food and health authorities; and (e) may contain any other information that the Competent Authority considers necessary. (14.2‑road, amd/2) {(5) An offence against {subclause} (2) or (3) is an offence of strict liability.}
(1) This {clause} applies if a vehicle transporting dangerous goods is involved in an incident resulting in a dangerous situation. (2) As soon as practicable after the incident, the driver must notify the prime contractor or rail operator and the Competent Authority about the incident, and provide the following details: (a) where the incident happened; (b) the time and date of the incident; (c) the nature of the incident; (d) the dangerous goods being transported when the incident happened; (e) any other details that the Competent Authority may require.
Offence provision.
(3) As soon as practicable after being told about the incident by the driver, the prime contractor or rail operator must provide to the Competent Authority the details mentioned in {subclause} (2).
Offence provision.
(4) Not later than 21 days after the day when the incident happens, the driver and the prime contractor or rail operator must each give to the Competent Authority a written report about the incident stating the following: (a) where the incident happened; (b) the time and date of the incident; (c) the nature of the incident; (d) for the driver’s report, what he or she believes to be the likely cause of the incident; (e) for the prime contractor’s or rail operator’s report, what he or she believes to be the likely cause of the incident; (f) the dangerous goods being transported when the incident happened; (g) the measures taken to control any leak, spill or accidental escape of dangerous goods and any fire or explosion, arising out of the incident; (h) the measures taken after the incident in relation to the dangerous goods involved in the incident. (14.3‑road, amd/2)
Offence provision.
{(5) An offence against {subclause} (2), (3) or (4) is an offence of strict liability.}
(1) In this {clause}:
telephone advisory service, for the transport of dangerous goods, means a service providing access by a continuously monitored telephone not located on the carrying vehicle or train to a person competent to give advice about:
(a) the construction and properties of the receptacles in which the dangerous goods are being transported; and
(b) the use of equipment on vehicles on which the dangerous goods are being transported; and
(c) the properties of the dangerous goods; and
(d) methods of safely handling the dangerous goods; and
(e) methods of safely containing and controlling the dangerous goods in a dangerous situation.
(2) A prime contractor or rail operator must not transport a load of dangerous goods that contains dangerous goods in a receptacle with a capacity of more than 500 litres or kilograms if a telephone advisory service is not available during the journey.
Offence provision.
(3) A person must not consign a load of dangerous goods that contains dangerous goods in a receptacle with a capacity of more than 500 litres or kilograms for transport if a telephone advisory service is not available during the journey.
Offence provision.
{(4) An offence against {subclause} (2) or (3) is an offence of strict liability.} (5) A telephone advisory service may be provided by the prime contractor, rail operator or consignor, or someone else for the prime contractor, rail operator or consignor. (14.4, amd/2)
(1) In this {clause}:
emergency plan, for the transport of a placard load, means a written plan, for dealing with any dangerous situation arising from the transport of the goods, that is prepared having regard to any guidelines approved by the Australian Transport Council.
(2) A prime contractor or rail operator must not transport a placard load if the prime contractor or rail operator does not have an emergency plan for the transport of the goods.
Offence provision.
(3) A person must not consign a placard load for transport if the person does not have an emergency plan for the transport of the goods. (14.5, amd/2)
Offence provision.
{(4) An offence against {subclause} (2) or (3) is an offence of strict liability.}
(1) This {clause} applies if a vehicle transporting a placard load is involved in an incident resulting in a dangerous situation. (2) As soon as practicable after being asked by an authorised officer or an officer of an emergency service, the consignor of the goods must: (a) give to the officer the information that the officer requires about: (i) the properties of the dangerous goods being transported; and (ii) safe methods of handling the goods; and (iii) safe methods of containing and controlling the goods in a dangerous situation; and (b) provide the equipment and other resources necessary: (i) to control the dangerous situation; and (ii) to contain, control, recover and dispose of dangerous goods that have leaked, spilled or accidentally escaped.
Offence provision.
{(3) An offence against {subclause} (2) is an offence of strict liability.} (4) If the prime contractor and the consignor, or the rail operator and the consignor, of the dangerous goods are asked to give the same information or provide the same resources for the incident, it is sufficient if the consignor or, as the case may be, the prime contractor or the rail operator gives the information or provides the resources. (14.6, amd/2)
(1) This {clause} applies if a vehicle transporting a placard load is involved in an incident resulting in a dangerous situation. (2) As soon as practicable after being asked by an authorised officer or an officer of an emergency service, the prime contractor or rail operator must: (a) give to the officer the information that the officer requires about the vehicle’s construction, properties and equipment; and (b) provide the equipment and other resources necessary: (i) to control the dangerous situation; and (ii) to recover a vehicle involved in the situation or its equipment.
Offence provision.
{(3) An offence against {subclause} (2) is an offence of strict liability.} (4) If the prime contractor and the consignor, or the rail operator and the consignor, of the dangerous goods are asked to give the same information or provide the same resources for the incident, it is sufficient if the consignor gives the information or provides the resources. (14.7, amd/2)
Each of the following registers is a register for {this subordinate law}: (a) the register of determinations kept under {clause} 1.6.5; (b) the register of exemptions kept under {clause} 16.1.2; (c) the register of approvals kept under {clause} 17.2.1; (d) the register of dangerous goods driver licences kept under {subclause} 18.6.5 (1); (e) the register of dangerous goods vehicle licences kept under {subclause} 18.6.5 (2). (15.1)
(1) A register, or part of a register, under {this subordinate law} may be kept by computer. (2) An entry made by computer for a register is taken to be a record made in the register. (15.2)
(1) The Competent Authority must ensure that each register is available for inspection by corresponding authorities and the public. (2) The Competent Authority is taken to comply with {subclause} (1) by ensuring that there is reasonable access to: (a) copies of information in a register; or (b) a computer terminal to inspect a register. (15.3)
(1) Competent Authorities Panel or CAP means the panel of that name comprising persons each of whom: (a) is a Competent Authority (or a representative of a Competent Authority) of this or a participating jurisdiction; and (b) is appointed by the Australian Transport Council. (new) (2) The function of CAP is to decide matters referred to it by a person mentioned in {subclause} (1) (a CAP member). (15.4, amd)
(1) CAP may hold a meeting to decide a matter referred to CAP. (2) CAP may permit a CAP member to participate in a meeting, or all meetings, by telephone, closed‑circuit television or any other means of communication. (3) A member who participates in a meeting under a permission under {subclause} (2) is taken to be present at the meeting. (4) CAP may invite a person to be present at a meeting to advise or inform, or make a submission to, CAP. (15.5, amd)
(1) A CAP member has a single vote on a decision to be made by CAP. (2) A matter that is referred to a meeting of CAP must be decided by a majority of votes. (3) However, if there are 2 or more CAP members representing this or a participating jurisdiction, the members jointly have a single vote on a decision to be made by CAP. (4) A decision is a valid decision of CAP, even though it is not made at a meeting of CAP, if each member of CAP agrees in writing to the proposed decision. (5) However, if there are 2 or more CAP members representing this or a participating jurisdiction, it is sufficient if 1 or more of those members agree. (15.6, amd)
(1) This {clause} applies if the Competent Authority considers that a ground exists for a corresponding authority to do any of the following (the proposed action): (a) revoke or vary a corresponding determination that is not a corresponding administrative determination; (b) cancel or vary a corresponding administrative determination; (c) cancel or vary a corresponding approval or exemption; (d) cancel, suspend or vary a corresponding dangerous goods driver licence or dangerous goods vehicle licence. (2) The Competent Authority may recommend, in writing, that the corresponding authority take the proposed action. (3) The Competent Authority must provide written reasons to the corresponding authority for the recommendation. (15.7)
(1) This {clause} applies if a corresponding authority recommends to the Competent Authority in writing that the Competent Authority do any of the following: (a) revoke or vary a determination that is not an administrative determination; (b) cancel or vary an administrative determination; (c) cancel or vary an approval; (d) cancel, suspend or vary a dangerous goods driver licence or dangerous goods vehicle licence. (2) The Competent Authority must: (a) if the recommendation is about a determination (except an administrative determination) or approval that has effect in 1 or more other participating jurisdictions—refer the recommendation to CAP; and (b) in any other case—have regard to the recommendation. (15.8)
(1) This {clause} applies to a determination made by a corresponding authority if: (a) the determination is made under a provision of the law of the other jurisdiction corresponding to a provision (the relevant provision) of any of the following {clauses}: (i) {clause} 1.6.1 (Determinations—dangerous goods and packagings); (ii) {clause} 1.6.2 (Determinations—foreign approved IBCs, tanks and MEGCs); (iii) {clause} 1.6.3 (Determinations—vehicles, routes, areas, vehicles and times); and (b) the determination has effect in the other jurisdiction; and (c) either of the following subparagraphs applies: (i) CAP has decided that the determination should have effect in all participating jurisdictions or participating jurisdictions including this jurisdiction and CAP has not reversed the decision; (ii) the determination is an administrative determination. (2) The determination has effect in this jurisdiction as if it were a determination made by the Competent Authority under the relevant provision. (15.9, amd)
(1) This {clause} applies to an exemption granted by a corresponding authority if: (a) the exemption is granted for a provision of the law of the other jurisdiction corresponding to a provision (the relevant provision) of {this subordinate law}; and (b) the exemption has effect in the other jurisdiction; and (c) CAP has decided that the exemption should have effect in all participating jurisdictions or participating jurisdictions including this jurisdiction, and CAP has not reversed the decision. (2) The exemption has effect in this jurisdiction as if it were an exemption granted by the Competent Authority for the relevant provision. (15.10, amd) (3) A decision of CAP that an exemption should have effect in all participating jurisdictions or participating jurisdictions including this jurisdiction ceases to be in force 10 years after the day on which the decision was made unless: (a) the decision is sooner reversed by CAP; or (b) the exemption to which the decision relates is sooner cancelled or varied by the corresponding authority.
(1) This {clause} applies to an approval given by a corresponding authority if: (a) the approval is given under a provision of the law of the other jurisdiction corresponding to a provision (the relevant provision) of any of the following {clauses}: (i) {clause} 1.3.2 (Approvals—tests and training courses for drivers); (ii) {clause} 4.2.4 (Approvals—packaging designs); (iii) {clause} 4.2.7 (Approvals—overpacks); (iv) {clause} 9.1.8 (Approvals—segregation devices and methods of segregation); (v) {clause}11.2.7 (Approvals—emergency information); (vi) {clause} 20.1.4 (Approvals—insurance); and (b) the approval has effect in the other jurisdiction; and (c) CAP has decided that the approval should have effect in all participating jurisdictions or participating jurisdictions including this jurisdiction, and CAP has not reversed the decision. (2) The approval has effect in this jurisdiction as if it were an approval given by the Competent Authority under the relevant provision. (15.11, amd)
(1) This {clause} applies to a licence granted by a corresponding authority for road transport if: (a) the licence is a licence granted under a provision of the law of the other jurisdiction corresponding to {clause} 18.3.5 (Grant of dangerous goods driver licences), or 18.4.4 (Grant of dangerous goods vehicle licences), (the relevant provision); and (b) the licence has effect in the other jurisdiction. (2) Except for circumstances that do not exist in this jurisdiction, the licence has effect in this jurisdiction as if it were a licence granted by the Competent Authority under the relevant provision. (15.12‑road, amd)
Note: For other provisions about exemptions, see sections 64, 65, 66 and 67 of the Act.
(1) An application for an exemption must: (a) be made in writing to the Competent Authority; and (b) be signed and dated by or for the applicant; and (c) state the applicant’s name and address; and (d) state the name of the person to whom, or the name, or a description, of the class of persons to which, the application relates; and (e) specify the provisions of {this subordinate law}, and of the ADG Code, to which the application relates; and (f) specify the dangerous goods to which the application relates; and (g) state why, in the applicant’s opinion, compliance with the provisions is not reasonably practicable; and (h) state why, in the applicant’s opinion, the exemption is not likely to involve a greater risk than the risk involved in complying with the provisions; and (i) if the application relates to a vehicle, equipment, packaging or other thing—describe the thing; and (j) state the period for which the exemption is sought; and (k) state the geographical area within which the exemption is to have effect; and (l) if a fee is prescribed for the application—be accompanied by the prescribed fee. (new) (2) The Competent Authority may, by written notice, require the applicant to give to the Authority any additional information necessary for a proper consideration of the application. (16.1, amd)
(1) The Competent Authority must keep a register of exemptions. (2) The register may have separate divisions for different kinds of exemptions. (3) The Competent Authority must record in the register: (a) each exemption granted by the Authority; and (b) each corresponding exemption. (4) The Competent Authority must note in the register: (a) the cancellation or variation of an exemption granted by the Authority; and (b) a decision of CAP reversing a decision that a corresponding exemption should have effect in all participating jurisdictions or participating jurisdictions including this jurisdiction. (16.2, amd)
The record of an exemption in the register must include: (a) the terms of the exemption; or (b) the following information: (i) if the exemption was notified in the Government Gazette of a participating jurisdiction (including this jurisdiction)—the title of the Gazette and the date of notification; (ii) the name of the person to whom, or the name, or a description, of the class of persons to which, the exemption applies; (iii) the date when the exemption was granted; (iv) the provisions of {this subordinate law}, and of the ADG Code, to which the exemption relates; (v) the period for which the exemption has effect; (vi) the dangerous goods, equipment, packaging, vehicle or other thing to which the exemption relates. (16.3, amd)
(1) The Competent Authority must refer an application for an exemption to CAP if the Authority considers that the exemption should have effect in all participating jurisdictions or participating jurisdictions including this jurisdiction. (2) The Competent Authority must refer to CAP an exemption having effect in this jurisdiction, and 1 or more other participating jurisdictions, if: (a) the Authority considers that the exemption should be cancelled or varied; or (b) a corresponding authority recommends to the Competent Authority in writing that the exemption should be cancelled or varied. (16.4)
(1) This {clause} applies if: (a) an application for an exemption is referred to CAP under {subclause} 16.2.1 (1); and (b) CAP decides: (i) that the exemption should be granted, what the terms of the exemption should be, and that the exemption should have effect in all participating jurisdictions or participating jurisdictions including this jurisdiction; or (ii) that the exemption should not have effect in this jurisdiction. (2) The Competent Authority must have regard to CAP’s decision. (16.5)
(1) This {clause} applies if: (a) an exemption is referred to CAP under {subclause} 16.2.1 (2); and (b) CAP decides that the exemption: (i) should, or should not, be cancelled; or (ii) should be varied and should have effect as varied in all participating jurisdictions or participating jurisdictions including this jurisdiction; or (iii) should not be varied. (2) The Competent Authority must have regard to CAP’s decision. (16.6)
Note: For provisions about determinations generally, see Division 1.6.
(1) An application for an administrative determination or approval, or for variation of an administrative determination or approval, must: (a) be made to the Competent Authority in writing; and (b) if a fee is prescribed for the application—be accompanied by the prescribed fee. (new) (2) An application for variation of an administrative determination or written approval must have the determination or approval with it. (3) The Competent Authority may, by written notice, require an applicant to give to the Authority any additional information necessary for a proper consideration of the application. (17.1, amd/1)
An administrative determination, or an approval given on written application, must be in writing. (17.2, amd/1)
The Competent Authority must not make an administrative determination on the application of, or give an approval under {this subordinate law} to, a person who is prohibited by a court order from involvement in the transport of dangerous goods. (17.3)
(1) This {clause} applies if the Competent Authority refuses an application to: (a) make or vary an administrative determination; or (b) grant or vary an approval under {this subordinate law}. (2) The Competent Authority must inform the applicant in writing of the refusal and of the reasons for the refusal. (17.4, amd/1)
(1) An administrative determination or a written approval under {this subordinate law} has effect for the period specified in the determination or approval. (2) A condition to which an administrative determination, or a written approval, is subject must be specified in the determination or approval. (17.5, amd/1)
The Competent Authority must issue to a person to whom an administrative determination applies, or an approval is given, a replacement determination or approval if: (a) the determination or approval is varied; or (b) the Authority is satisfied that the determination or approval has been defaced, destroyed, lost or stolen. (17.6)
(1) A person to whom an administrative determination applies, or an approval is given, must not contravene a condition of the determination or approval.
Offence provision.
{(2) An offence against {subclause} (1) is an offence of strict liability.} (17.7, amd/2)
(1) An administrative determination or approval may be cancelled if the application for the determination or approval: (a) did not comply with {this subordinate law}; or (b) was false or misleading in a material respect. (2) An administrative determination or approval may be cancelled if: (a) a relevant change has happened since the determination was made or the approval was given; and (b) if the change had happened earlier: (i) the determination would not have been made; or (ii) the approval would not have been given. (3) An administrative determination or approval may be cancelled if the person on whose application the determination was made, or to whom the approval was given, is unsuitable to continue to be a person to whom the determination applies, or the approval was given, because the person has contravened: (a) a provision of the Act or {this subordinate law}; or (b) a provision of the law in force in another participating jurisdiction corresponding to a provision mentioned in paragraph (a). (4) In {subclause} (2):
relevant change means a change about something that the Competent Authority may or must consider in deciding whether to make the determination or give the approval. (17.8)
(1) An administrative determination or approval may be varied if the application for the determination or approval: (a) did not comply with {this subordinate law}; or (b) was false or misleading in a material respect. (2) An administrative determination or approval may be varied if: (a) a relevant change has happened since the determination was made or the approval was given; and (b) if the change had happened earlier: (i) the determination would have been made in the way in which it is proposed to be varied; or (ii) the approval would have been given in the way in which it is proposed to be varied. (3) An administrative determination or approval may be varied if the person on whose application the determination was made, or to whom the approval was given, is unsuitable to continue to be a person to whom the determination applies, or the approval was given, without variation because the person has contravened: (a) a provision of the Act or {this subordinate law}; or (b) a provision of the law in force in another participating jurisdiction corresponding to a provision mentioned in paragraph (a). (4) In {subclause} (2):
relevant change means a change about something that the Competent Authority may or must consider in deciding whether to make the determination or give the approval. (17.9)
(1) The Competent Authority must keep a register of approvals. (2) The register may have separate divisions for different kinds of approvals. (3) The Competent Authority must record in the register: (a) each approval given in writing under {this subordinate law}; and (b) each corresponding approval. (4) The Competent Authority must note in the register: (a) the cancellation or variation of a written approval; and (b) a decision of CAP reversing a decision that a corresponding approval should have effect in all participating jurisdictions or participating jurisdictions including this jurisdiction. (17.10)
The record of an approval in the register must include: (a) the terms of the approval; or (b) the following information: (i) the name of the person to whom the approval was given; (ii) the date when the approval was given; (iii) the provisions of {this subordinate law}, and of the ADG Code, to which the approval relates; (iv) the period for which the approval has effect; (v) the dangerous goods, equipment, packaging, vehicle or other thing to which the approval relates. (17.11)
(1) The Competent Authority must refer an application for an approval to CAP if the Authority considers that the approval should have effect in all participating jurisdictions or participating jurisdictions including this jurisdiction. (2) The Competent Authority must refer to CAP an approval having effect in this jurisdiction, and 1 or more other participating jurisdictions, if: (a) the Authority considers that the approval should be cancelled or varied; or (b) a corresponding authority recommends to the Competent Authority in writing that the approval should be cancelled or varied. (17.12)
(1) This {clause} applies if: (a) an application for an approval is referred to CAP under {subclause} 17.3.1 (1); and (b) CAP decides: (i) that the approval should be given, what the terms of the approval should be, and that the approval should have effect in all participating jurisdictions or participating jurisdictions including this jurisdiction; or (ii) that the approval should not have effect in this jurisdiction. (2) The Competent Authority must have regard to CAP’s decision. (17.13)
(1) This {clause} applies if: (a) an approval is referred to CAP under {subclause} 17.3.2 (2); and (b) CAP decides that the approval: (i) should, or should not, be cancelled; or (ii) should be varied (whether or not CAP’s decision is the same as the variation proposed by the Authority), and should have effect as varied in all participating jurisdictions or in participating jurisdictions including this jurisdiction; or (iii) should not be varied. (2) The Competent Authority must have regard to CAP’s decision. (17.14)
The Competent Authority must cancel or vary a determination or approval if the Competent Authority reasonably believes that: (a) a ground exists to cancel or vary the administrative determination or approval; and (b) it is necessary to do so to avoid, eliminate or minimise a dangerous situation. (19.2)
The Competent Authority must cancel an administrative determination if the person to whom the determination applies is prohibited by a court order from involvement in the transport of dangerous goods. (19.3)
(1) This {clause} applies if: (a) an application is made to vary an administrative determination or approval; and (b) the application is made in accordance with {clause} 17.1.1 by the person to whom the determination applies or to whom the approval is given. (2) The Competent Authority may vary the determination or approval in accordance with the application. (19.4)
(1) This {clause} applies if: (a) the Competent Authority considers that a ground exists to cancel or vary an administrative determination or approval (the proposed action); and (b) {clauses} 17.4.1, 17.4.2 and 17.4.3 do not apply to the proposed action. (2) The Competent Authority must give to the person to whom the determination applies or the approval was given a written notice that: (a) states what the proposed action is; and (b) if the proposed action is to vary the determination or approval—sets out the proposed variation; and (c) sets out the ground for the proposed action; and (d) outlines the facts and other circumstances forming the basis for the ground; and (e) invites the person to state in writing, within a specified period of at least 28 days after the day when the notice is given to the person, why the proposed action should not be taken. (3) If, after considering any written statement made within the specified period, the Competent Authority reasonably believes that a ground exists to take the proposed action, the Authority may: (a) cancel or vary the determination or approval; or (b) if the proposed action is to vary the determination or approval in a specified way—vary the determination or approval in that way. (19.5, amd/1)
The cancellation or variation of an administrative determination or approval by the Competent Authority takes effect on: (a) the day when the person to whom the determination applies or the approval was given is given written notice by the Authority of the cancellation or variation and of the reasons for the cancellation or variation; or (b) a later day specified in the notice. (19.6, amd/1)
In this Part:
licensing authority means:
(a) the Competent Authority for road transport; or
(b) a person or body authorised by the Competent Authority to issue licences under this Part.
(1) Except as provided by {clause (2)}, this Part applies to the transport by road of a load of dangerous goods that contains dangerous goods in a receptacle with a capacity of more than 500 litres or kilograms. (2) This Part does not apply to the transport by road of dangerous goods on a vehicle if: (a) the goods are transported in an IBC; and (b) the IBC is not filled or emptied on the vehicle; and (c) the total capacity of IBCs containing dangerous goods on the vehicle is not more than 3 000 litres.
This Part is in addition to any other law in force in this jurisdiction about: (a) the licensing of drivers; or (b) the employment or engaging of drivers; or (c) the registration of vehicles; or (d) the transport of goods by road. (18.2)
(1) If a prime contractor uses a road vehicle to transport dangerous goods (other than as the driver of the road vehicle), the road vehicle must be licensed under this Part to transport the goods.
Offence provision.
(2) If a prime contractor employs, engages or permits another person to drive a road vehicle transporting dangerous goods, the other person must be licensed under this Part to drive the road vehicle. (18.3)
Offence provision.
(1) If a person drives a road vehicle transporting dangerous goods, the road vehicle must be licensed under this Part to transport the goods.
Offence provision.
(2) If a person drives a road vehicle transporting dangerous goods, the person must be licensed under this Part to drive the road vehicle. (18.4)
Offence provision.
A person must not consign dangerous goods for transport by road on a vehicle if the person knows, or reasonably ought to know, that the vehicle is not licensed under this Part to transport the goods.
Offence provision.
(1) A person resident in the State/Territory who is not the holder of a dangerous goods driver licence or a corresponding dangerous goods driver licence may apply to a licensing authority for a dangerous goods driver licence. (2) The application must be accompanied by: (a) the driver licence evidence required by {clause} 18.3.2; and (b) the competency evidence required by {clause} 18.3.3; and (c) the medical fitness evidence required by {clause} 18.3.4; and (d) 2 passport‑size photographs of the applicant that were taken not more than 6 months before the day when the application is made; and (e) if a fee is prescribed for the application—the prescribed fee. (18.10)
(1) The following documents are required as driver licence evidence for an application for the grant or renewal of a dangerous goods driver licence: (a) a current certified extract of entries about the applicant in the driving licences register kept by the driver licensing authority in each jurisdiction where the applicant has held a licence to drive; and (b) either: (i) the document mentioned in {subclause} (2); or (ii) the authorisation mentioned in {subclause} (3). (2) For subparagraph (1) (b) (i), the document is a copy, certified by the appropriate authority of the jurisdiction where the applicant was convicted, of the records of any conviction of the applicant for a driving offence. (3) For subparagraph (1) (b) (ii), the authorisation is the authorisation by the applicant for the licensing authority to have access to: (a) entries about the applicant in the driver licences register of any State or Territory; and (b) records of any conviction of the applicant for a driving offence in any State or Territory. (4) For paragraph (1) (a), a current certified extract is an extract certified by the driver licensing authority not more than 6 months before the day when the application is made. (18.7)
(1) A document mentioned in {subclause} (2) is required as competency evidence for an application for grant or renewal of a dangerous goods driver licence. (2) The document must be either: (a) a certificate issued, not more than 6 months before the day when the application is made, by a person who conducted an approved test or approved training course stating that the applicant passed the test or completed the course; or (b) other written evidence that the applicant passed an approved test or completed an approved training course not more than 6 months before the day when the application is made. (18.8)
(1) The certificate mentioned in {subclause} (2) is required as medical fitness evidence for an application for grant or renewal of a dangerous goods driver licence. (2) The certificate must be: (a) about the fitness of the applicant to drive a road vehicle; and (b) issued by a registered medical practitioner who, not more than 6 months before the day when the application is made, 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 in September 2003, as in force at the time of the examination. (18.9)
(1) A licensing authority must grant a dangerous goods driver licence if: (a) an application is made to the authority for the licence; and (b) the application is accompanied by the documents required by {clause} 18.3.1 and otherwise complies with the {clause}. (2) However, the licensing authority must not grant the licence if: (a) in the 5 years before the day when the application is made: (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 subject to a court order prohibiting the applicant from involvement in the transport of dangerous goods by road. (3) If the licensing 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. (18.11)
(1) A person who holds a dangerous goods driver licence may apply to a licensing authority for renewal of the licence. (2) The application must be accompanied by: (a) the driver licence evidence required by {clause} 18.3.2; and (b) the competency evidence required by {clause} 18.3.3; and (c) the medical fitness evidence required by {clause} 18.3.4; and (d) 2 recent passport‑size photographs of the applicant; and (e) if a fee is prescribed for the application—the prescribed fee. (18.12)
(1) A licensing authority must renew a dangerous goods driver licence if: (a) an application is made to the authority for renewal of the licence; and (b) the application is accompanied by the documents required by {clause} 18.3.6 and otherwise complies with the {clause}. (2) However, the licensing authority must not renew the 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 subject to a court order prohibiting the applicant from involvement in the transport of dangerous goods by road. (3) If the licensing 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. (18.13)
(1) A dangerous goods driver licence is granted for the period specified in the licence, being a period not longer than 5 years. (2) A dangerous goods driver licence takes effect on the day when the licence is granted or a later day specified in the licence. (3) A dangerous goods driver licence is renewed for the period specified in the renewed licence, being a period not longer than 5 years. (18.14)
(1) A licensing authority may grant or renew a dangerous goods driver licence subject to conditions mentioned in {subclauses} (3) and (4). (2) A condition to which the licence is subject must be stated in the licence. (3) The licence may be subject to conditions about: (a) the dangerous goods that may or may not be transported in or on a road vehicle driven by the licensee; and (b) the containers that may or may not be used to transport dangerous goods in or on a road vehicle driven by the licensee; and (c) the road vehicles that may be driven by the licensee in transporting dangerous goods; and (d) the areas where the licensee may or may not drive a road vehicle transporting dangerous goods or particular dangerous goods; and (e) the supervision of the licensee when driving a road vehicle transporting dangerous goods. (4) The licence may be subject to any other condition necessary for the safe transport of dangerous goods by road. (18.15)
(1) It is a condition of a dangerous goods driver licence that a licensing authority may, by written notice given to the licensee, require the licensee to produce to the authority a certificate: (a) about the fitness of the applicant to drive a road vehicle; and (b) issued by a registered medical practitioner who, not more than 6 months before the day when the certificate is given to the authority, 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 in September 2003, as in force at the time of the examination. (2) The written notice must specify a period of at least 2 months after the day when the notice is received by the licensee within which the licensee must produce the certificate. (3) A licensing authority must not give written notice under this {clause} if the period of validity of the dangerous goods driver licence is less than 4 months. (18.16, amd)
(1) A dangerous goods driver licence may be cancelled, suspended or varied if the application for the licence or an application for its renewal: (a) did not comply with {this subordinate law}; or (b) was false or misleading in a material respect. (2) A dangerous goods driver licence may be cancelled or varied if the licensee is unsuitable to continue to be the driver of a road vehicle transporting dangerous goods because: (a) the licensee has contravened: (i) a provision of the Act or {this subordinate law}; or (ii) a provision of the law in force in another participating jurisdiction corresponding to a provision mentioned in subparagraph (i); or (b) the licensee has been found guilty by a court in Australia of an offence; or (c) the licensee’s driver licence is cancelled; or (d) the licensee is suffering from a medical condition, or has a physical or mental disability. (18.17)
In this Division:
vehicle does not include:
(a) a prime mover; or
(b) a converter dolly (within the meaning of clause 10.6 in the Schedule to the Road Transport Reform (Heavy Vehicles Standards) Regulations). (18.18)
Note That clause defines converter dolly as a trailer with 1 axle group or single axle and a fifth wheel coupling, designed to convert a semi‑trailer into a dog trailer.
(1) A person may apply to a licensing authority for a dangerous goods vehicle licence for a road vehicle: (a) used, or intended to be used, in transporting dangerous goods; and (b) for which the person does not hold a dangerous goods vehicle licence. (2) The application must include the following information: (a) the registration number, make and type of the road vehicle; (b) the type of dangerous goods intended to be transported in or on the road vehicle; (c) if the applicant holds a dangerous goods vehicle licence for another vehicle—the number of the other dangerous goods vehicle licence. (3) If a fee is prescribed for the application, the application must be accompanied by the prescribed fee. (4) An application may be made for licences for 2 or more road vehicles in the same form. (18.19)
(1) A licensing authority may, by written notice, require an applicant for a dangerous goods vehicle licence, or for renewal of a dangerous goods vehicle licence, for a vehicle: (a) to give to the authority, or to someone nominated by the authority, any additional information necessary for a proper consideration of the application; and (b) to make the vehicle available for inspection by the authority, or by someone nominated by the authority, at a specified place and time. (2) A person who inspects a vehicle for the licensing authority must give a report of the inspection to the authority as soon as practicable after the inspection. (3) The licensing authority must give a copy of any report of an inspection to the applicant if the applicant asks for it. (18.20)
(1) Subject to {subclause} (4), a licensing authority must grant a dangerous goods vehicle licence for a road vehicle if: (a) an application is made to the authority for the licence; and (b) the application complies with {clause} 18.4.2; and (c) the applicant has complied with any requirement made under {clause} 18.4.3 in relation to the application; and (d) the road vehicle is suitable to transport each type of dangerous goods intended to be transported in or on the road vehicle. (2) Without limiting paragraph (1) (d), if a road vehicle is intended for use in the transport of dangerous goods in the form of a liquid or gas using a tank that will form part of the vehicle or be attached to it, the vehicle is suitable only if: (a) the tank is an approved tank; and (b) the vehicle complies with the requirements of Chapters 4.4 and 6.9 of the ADG Code applying to road vehicles for use in transporting dangerous goods in the form of a liquid or gas. (3) However, the licensing authority must not grant the licence if the applicant is subject to a court order prohibiting the applicant from involvement in the transport of dangerous goods by road. (4) The licensing authority may issue a single dangerous goods vehicle licence for more than 1 road vehicle. (5) If the licensing authority refuses to grant a dangerous goods vehicle licence, the authority must inform the applicant in writing of the refusal and of the reasons for the refusal. (18.21)
(1) A person who holds a dangerous goods vehicle licence for a road vehicle may apply to a licensing authority for renewal of the licence. (2) The application must include the information required under {subclause} 18.4.2 (2) for an application for the grant of a dangerous goods vehicle licence for the road vehicle. (3) If a fee is prescribed for the application, the application must be accompanied by the prescribed fee. (18.22)
(1) Subject to {subclause} (4), a licensing authority must renew a dangerous goods vehicle licence for a road vehicle if: (a) an application is made to the authority for renewal of the licence; and (b) the application complies with {clause} 18.4.5; and (c) the applicant has complied with any requirement made under {clause} 18.4.3 in relation to the application; and (d) the road vehicle is suitable to transport each type of dangerous goods intended to be transported in or on the road vehicle. (2) Without limiting paragraph (1) (d), if a road vehicle is intended for use in the transport of dangerous goods in the form of a liquid or gas using a tank that will form part of the vehicle or be attached to it, the vehicle is suitable only if: (a) the tank is an approved tank; and (b) the vehicle complies with the requirements of Chapters 4.4 and 6.9 of the ADG Code applying to road vehicles for use in transporting dangerous goods in the form of a liquid or gas. (3) However, the licensing authority must not renew the licence if the applicant is subject to a court order prohibiting the applicant from involvement in the transport of dangerous goods by road. (4) The licensing authority may issue a single dangerous goods vehicle licence for more than 1 road vehicle. (5) If the licensing authority refuses to grant a dangerous goods vehicle licence, the authority must inform the applicant in writing of the refusal and of the reasons for the refusal. (18.23)
(1) A dangerous goods vehicle licence is granted for the period specified in the licence, being a period not longer than 5 years. (2) A dangerous goods vehicle licence takes effect on the day when the licence is granted or a later day specified in the licence. (3) A dangerous goods vehicle licence is renewed for the period specified in the renewed licence, being a period not longer than 5 years. (18.24)
(1) A licensing authority may grant or renew a dangerous goods vehicle licence subject to conditions mentioned in {subclauses} (3) and (4). (2) A condition to which the licence is subject must be stated in the licence. (3) The licence may be subject to conditions about: (a) the dangerous goods that may or may not be transported in or on the vehicle; and (b) the areas where the vehicle may or may not be used to transport dangerous goods or particular dangerous goods; and (c) the inspections of the vehicle (if any) that are required. (4) The licence may be subject to any other condition necessary for the safe transport of dangerous goods by road. (18.25)
(1) Before selling or otherwise disposing of a vehicle (otherwise than by way of a business transfer) for which a dangerous goods vehicle licence has been granted (the disposed vehicle), the licensee must remove the licence label from the vehicle and: (a) attach it to the notice of the disposal of the vehicle; or (b) destroy it and, if required by the licensing authority, provide sufficient evidence to show that this has been done.
Offence provision.
(2) Within the 21 days after selling or otherwise disposing of the disposed vehicle, the licensee must give, to the licensing authority, notice of the disposal.
Offence provision.
(3) If the licence for the vehicle also relates to another vehicle the licensee must attach the licence to the notice of the disposal of the vehicle.
Offence provision.
If the licence for the vehicle does not relate to another vehicle the licensee must: (a) attach it to the notice of the disposal of the vehicle; or (b) destroy it, and, if required by the licensing authority, provide sufficient evidence to show that this has been done.
Offence provision.
(5) On receipt of a licence, the licensing authority must: (a) if the licence also relates to another vehicle: (i) amend the licence by omitting reference to the disposed vehicle; and (ii) return the licence to the licensee; or (b) if paragraph (a) does not apply—cancel the licence. (18.26, amd/2) (6) Within the 21 days after the transfer by business transfer of a vehicle for which a dangerous goods vehicle licence has been granted, the person to whom the vehicle has been transferred must make an application to the licensing authority, accompanied by the licence and the prescribed fee, for the transfer of the licence to that person.
Offence provision.
(7) On receipt of the application, licence and prescribed fee, the licensing authority must amend the licence to record the change in ownership and return the licence. (8) In this {clause}:
business transfer, in respect of a vehicle, means a transfer of the title to the vehicle as part of a transfer in ownership of the business in which the vehicle is used and is to continue to be used.
{(9) An offence against {subclause} (1), (2), (3), (4) or (6) is an offence of strict liability.}
(1) A dangerous goods vehicle licence may be cancelled, suspended or varied if the application for the licence or an application for its renewal: (a) did not comply with {this subordinate law}; or (b) was false or misleading in a material respect. (2) A dangerous goods vehicle licence for a road vehicle may be cancelled, suspended or varied if the road vehicle does not comply with the Act or {this subordinate law}. (18.27)
(1) A licensing authority must issue to the holder of a dangerous goods vehicle licence a licence label for each road vehicle to which the licence relates. (2) A person must not drive a road vehicle transporting dangerous goods if a current licence label for the road vehicle is not attached to the vehicle in a conspicuous place.
Offence provision.
(3) A prime contractor must not transport dangerous goods in a road vehicle if a current licence label for the road vehicle is not attached to the vehicle in a conspicuous place.
Offence provision.
(4) A licence label must be capable of being securely attached to the road vehicle. {(5) An offence against {subclause} (2) or (3) is an offence of strict liability.} (18.28, amd/2)
(1) The holder of a dangerous goods driver licence must carry his or her dangerous goods driver licence when driving a road vehicle transporting dangerous goods if this Part applies to the vehicle by virtue of {clause} 18.1.2.
Offence provision.
{(2) An offence against {subclause} (1) is an offence of strict liability.} (18.30, amd/2)
(1) The driver of a road vehicle transporting dangerous goods must produce his or her dangerous goods driver licence for inspection by an authorised officer, if the officer asks the driver to produce the licence for inspection.
Offence provision.
{(2) An offence against {subclause} (1) is an offence of strict liability.} (18.31, amd/2)
In this Division:
licence means a dangerous goods driver licence or dangerous goods vehicle licence.
licensee means the holder of a licence. (18.32)
(1) A licensing authority may issue a replacement licence to a licensee if: (a) the licence is renewed; or (b) the licence is varied; or (c) a period of suspension of the licence ends. (2) The licensing authority must issue a replacement licence or licence label to a licensee if the authority is satisfied that the licence or label has been defaced, destroyed, lost or stolen. (18.33)
(1) A licensee must not contravene a condition of his or her licence.
Offence provision.
{(2) An offence against {subclause} (1) is an offence of strict liability.} (18.34, amd/2)
(1) A licensee may surrender his or her licence by giving notice of surrender to the licensing authority that issued the licence and returning the licence to that authority. (2) A licence ceases to have effect on its surrender. (18.35)
(1) A licensing authority must keep a register of dangerous goods driver licences. (2) A licensing authority must keep a register of dangerous goods vehicle licences. (3) A register may have separate divisions for different kinds of licences. (4) A licensing authority must record each licence granted under {this subordinate law} in the appropriate register. (5) A licensing authority must note in the register the cancellation, surrender, suspension or variation of a licence. (18.36)
The record of a licence in the register must include the following information: (a) the name of the licensee; (b) the date when the licence was granted or renewed; (c) either: (i) the period for which the licence was granted or renewed; or (ii) the expiry date of the licence; (d) for a dangerous goods driver licence—the licensee’s date of birth; (e) for a dangerous goods vehicle licence—the registration number, make and type of each road vehicle to which the licence relates; (f) the Classes of dangerous goods for which the licence is valid; (g) any condition to which the licence is subject. (18.37)
(1) This {clause} applies if a licensee becomes aware that information given by the licensee to a licensing authority in, or in relation to, an application for the grant or renewal of a licence is or has become incorrect in a material respect. (2) Within 14 days after becoming aware of the matter, the licensee must inform the licensing authority about the matter and give the correct information to the authority.
Offence provision.
{(3) An offence against {subclause} (2) is an offence of strict liability.} (18.38, amd/2)
(1) A licensing authority may, by written notice, require a person to whom a licence has been granted to produce the licence to the authority. (2) The person must produce the licence to the licensing authority within 14 days after the day when the notice is given to the person.
Offence provision.
{(3) An offence against {subclause} (2) is an offence of strict liability.} (18.39, amd/2)
(1) This {clause} applies if a licence is produced to a licensing authority or given to the authority by an authorised officer. (2) If the licence has not been cancelled and is not suspended, the licensing authority must return the licence after inspecting it. (3) If the licence has been suspended, the suspension has ended and a replacement licence is not issued, the licensing authority must return the licence to the licensee. (4) If the licence has been varied, the variation is recorded on the licence and a replacement licence is not issued, the licensing authority must return the licence to the licensee. (5) However, if the licence period has ended, the licensing authority is not required to return the licence to the licensee. (18.41)
In this Part:
licence means a dangerous goods driver licence or dangerous goods vehicle licence.
licensee means the holder of a licence. (19.1)
A licensing authority must cancel, suspend or vary a licence if the licensing authority reasonably believes that: (a) a ground exists to cancel, suspend or vary the licence; and (b) it is necessary to do so to avoid, eliminate or minimise a dangerous situation. (19.2, amd)
A licensing authority must cancel or suspend a licence if the licensee is prohibited by a court order from involvement in the transport of dangerous goods by road. (19.3)
(1) This {clause} applies if: (a) an application is made to vary a licence; and (b) the application is made by the licensee and has the licence with it. (2) A licensing authority may vary the licence in accordance with the application. (19.4)
(1) This {clause} applies if: (a) a licensing authority considers that a ground exists to cancel, suspend or vary a licence (the proposed action); and (b) {clauses} 18.7.2, 18.7.3 and 18.7.4 do not apply to the proposed action. (2) The licensing authority must give to the licensee a written notice that: (a) states what the proposed action is; and (b) if the proposed action is to suspend the licence—states what the proposed suspension period is; and (c) if the proposed action is to vary the licence—sets out the proposed variation; and (d) sets out the ground for the proposed action; and (e) outlines the facts and other circumstances forming the basis for the ground; and (f) invites the licensee to state in writing, within a specified period of at least 28 days after the day when the notice is given to the licensee, why the proposed action should not be taken. (3) If, after considering any written statement made within the specified period, the licensing authority reasonably believes that a ground exists to take the proposed action, the licensing authority may: (a) cancel or vary the licence; or (b) suspend the licence for a period not longer than 12 months (except if the suspension is to give effect to a court order specifying a longer period of suspension) {new, from 19.1.5 (2); or (c) if the proposed action is to vary the licence in a specified way—vary the licence in that way. (19.5, amd/1)
The cancellation, suspension or variation of a licence by a licensing authority takes effect on: (a) the day when the licensee is given written notice by the licensing authority of the cancellation, suspension or variation and of the reasons for the cancellation, suspension or variation; or (b) a later day specified in the notice. (19.6, amd/1)
(1) A person’s dangerous goods driver licence is taken to be suspended if the person’s driver licence has no effect. (2) A person’s dangerous goods vehicle licence for a road vehicle is taken to be suspended in relation to the road vehicle if the road vehicle is not registered. {19.7}
This Part applies to the following decisions made by the Competent Authority: (a) a decision, under Part 4 of the Act, to refuse to grant an exemption, to cancel an exemption, to impose a new condition or to vary or cancel a condition of an exemption; (b) a decision under Part 6 of the Act to issue an improvement notice under section 72 of the Act, or to amend an improvement notice under section 74 of the Act; (c) a decision, under {clause} 1.3.2, to approve or not approve a test or training course for drivers of road vehicles transporting dangerous goods; (d) an administrative determination under {clause} 1.6.1 (dangerous goods and packaging), 1.6.2 (foreign approved IBCs, tanks and MEGCs) or 1.6.3 (vehicles, routes, areas and times); (e) a decision, under {clause} 4.2.4, to approve or not approve a design for a packaging; (f) a decision, under {clause} 4.2.7, to approve or not approve a method of preparing an overpack; (g) a decision, under {clause} 9.1.8, to approve or not approve a design for a segregation device; (h) a decision, under {clause} 11.2.7, to approve or not approve emergency information; (i) a decision, under {clause} 17.4.1, 17.4.3 or 17.4.4, to cancel, vary or refuse to vary a determination or approval; (j) a decision, under {clause} 18.3.5 or 18.4.4, to grant or refuse to grant a licence; (k) a decision, under {clause} 18.3.7 or 18.4.6, to renew or refuse to renew a licence; (l) a decision, under {clause} 18.6.2, to issue or refuse to issue a replacement licence or licence label; (m) a decision, under {clause} 18.7.2, 18.7.4 or 18.7.5, to cancel, suspend, vary or refuse to vary a licence; (n) a decision, under {clause} 20.1.4, to approve or not approve the use of a vehicle that is not covered by a policy of insurance or other form of indemnity.
A person whose interests are affected by a decision may apply in writing to the Competent Authority for reconsideration of the decision.
(1) An application must be made within: (a) 28 days after the day when the person was informed of the decision by the Competent Authority; or (b) a longer period allowed by the Authority, either before or after the end of the 28 days. (2) The application must set out the grounds on which reconsideration of the decision is sought.
(1) Within 28 days after receiving the application, the Competent Authority must reconsider the decision, and confirm, revoke or vary the decision. (2) The Competent Authority must inform the applicant in writing of the result of the reconsideration and of the reasons for the result.
Application may be made {to the appropriate administrative review body of the adopting State or Territory} for review of a decision by the Competent Authority under {clause} 19.1.4.
(1) The owner of a road vehicle must not use the vehicle, or permit it to be used, to transport a placard load if: (a) the use of the vehicle is not covered by a policy of insurance or other form of indemnity, for a sum that is not less than $5 000 000, in respect of: (i) personal injury, death, property damage and other damage (except consequential economic loss) arising out of fire, explosion, leakage or spillage of dangerous goods in, on or from the vehicle or a container transported in or on the vehicle; and (ii) costs incurred by or on behalf of a Commonwealth, State or Territory government authority in a clean‑up resulting from any event of the kind referred to in subparagraph (a) (i); or (b) the owner does not have an approval under {clause} 20.1.4 in relation to the vehicle.
Offence provision.
(2) Each load bearing vehicle, whether or not a motor vehicle and whether or not it is being used in combination with another vehicle, is a vehicle for the purposes of {subclause} (1). {(3) An offence against {subclause} (1) is an offence of strict liability.}
(1) A prime contractor must not use a road vehicle to transport a placard load if: (a) the use of the vehicle is not covered by a policy of insurance or other form of indemnity, for a sum that is not less than $5 000 000, in respect of: (i) personal injury, death, property damage and other damage (except consequential economic loss) arising out of fire, explosion, leakage or spillage of dangerous goods in, on or from the vehicle or a container transported in or on the vehicle; and (ii) costs incurred by or on behalf of a Commonwealth, State or Territory government authority in a clean‑up resulting from any event of the kind referred to in subparagraph (a) (i); or (b) the prime contractor does not have an approval under {clause} 20.1.4 in relation to the vehicle.
Offence provision.
(2) Each load bearing vehicle, whether or not a motor vehicle and whether or not it is being used in combination with another vehicle, is a vehicle for the purposes of {subclause} (1). {(3) An offence against {subclause} (1) is an offence of strict liability.}
(1) The Competent Authority may, by written notice, require the owner of a road vehicle used to transport a placard load, or a prime contractor responsible for the condition of the vehicle, to produce: (a) written evidence that the vehicle is covered by a policy of insurance or other form of indemnity in accordance with paragraph 20.1.1 (1) (a) or 20.1.2 (1) (a); or (b) an approval under {clause} 20.1.4 in relation to the vehicle. (2) The owner or prime contractor must produce the evidence or approval to the Competent Authority within 14 days after the day when the notice is given to the person.
Offence provision.
{(3) An offence against {subclause} (2) is an offence of strict liability.
(1) The owner of a road vehicle used to transport placard loads, or a prime contractor responsible for the condition of the vehicle, may make an application in accordance with {clause} 17.1.1 to use the vehicle even if the vehicle is not covered by a policy of insurance or other form of indemnity in accordance with paragraph 20.1.1 (1) (a) or 20.1.2 (1) (a). (2) If the Competent Authority is satisfied that the owner or prime contractor is adequately capable of self‑insurance for the purposes of paragraph 20.1.1 (1) (a) or 20.1.2 (1) (a), the Competent Authority may give written approval for the use of the vehicle. (3) An approval under {subclause} (2) may be given by the Competent Authority: (a) for a single use or for a period not longer than 5 years; and (b) subject to any other condition.
In this Part:
infringement penalty has the same meaning as in section 279 of the Act.
Note 1: Subsection 79 (4) of the Act defines infringement penalty as the monetary penalty that a person who is served with an infringement notice may, as an alternative to having the matter dealt with by a court, pay to dispose of the matter.
Note 2: The infringement penalty for infringement notice offences under the Act may be found in column 2 of Schedule 1.1 to the Act and the infringement penalty for infringement notice offences under {this subordinate law} may be found in column 2 of Schedule 2.1.
For section 79 of the Act, each offence set out in Schedule 2.1 is declared to be an infringement notice offence.
The time within which the infringement penalty must be paid is: (a) 28 days after the day when the notice is served on the person; or (b) if a reminder notice is given to the person—28 days after the reminder notice is served on the person; or (c) a longer time that may be allowed in writing by the authorised officer.
An infringement notice served by an authorised officer on a person for an offence must: (a) be identified by a unique number; and (b) specify the date of service of the notice; and (c) specify the full name, or surname and initials, and address of the person; and (d) give brief details of the offence, including: (i) the date and approximate time of the offence; and (ii) where the offence happened; and (iii) the provision of the Act or {this Subordinate Law} contravened; and (e) specify the infringement penalty for the offence payable under the notice; and (f) specify the place where, and any method by which, the infringement penalty may be paid; and (g) specify the Competent Authority’s name and address; and (h) contain the additional information required by {clause} 21.1.5; and (i) be signed by the authorised officer.
The infringement notice must inform the person that: (a) the person may pay the infringement penalty specified in the notice: (i) by posting or delivering the payment to the place of payment specified in the notice; or (ii) in any other way specified in the notice; and (b) unless the notice is withdrawn, if the person pays the infringement penalty within 28 days after the day when the notice is served on the person (or any longer time allowed in writing by the authorised officer): (i) any liability of the person for the offence to which the notice relates will be discharged; and (ii) the person will not be prosecuted in court for the offence; and (iii) the person will not be taken to have been convicted of the offence; and (c) if the person does not pay the infringement penalty within that time, the person may be prosecuted in court for the offence; and (d) if the person wishes a court to decide whether he or she is guilty of the offence, the person must notify the Competent Authority accordingly in writing within 28 days after the day when the notice is served on the person; and (e) if the person notifies the Competent Authority in writing of that wish within the 28 days: (i) the infringement notice may be withdrawn; and (ii) he or she may be prosecuted in court for the offence; and (f) if the person is prosecuted in court and found guilty of the offence, the person may be convicted of the offence and ordered to pay a penalty and costs, and be subject to any other order that the court makes.
(1) If an infringement notice is served by an authorised officer on a person for an offence and the infringement penalty specified in the notice is not paid within 28 days after the day when the notice is served on the person, the officer may give a reminder notice to the person. (2) The reminder notice must: (a) include the information mentioned in paragraphs 21.1.4 (a) to (h); and (b) contain the additional information required by {clause} 21.1.7; and (c) be signed by the authorised officer.
The reminder notice must inform the person that: (a) the time for payment of the infringement penalty specified in the infringement notice has been extended; and (b) the person may pay the infringement penalty specified in the infringement notice: (i) by posting or delivering the payment to the place of payment specified in the notice; or (ii) in any other way specified in the notice; and (c) unless the infringement notice is withdrawn, if the person pays the infringement penalty within 28 days after the day when the reminder notice is served on the person (or any longer time allowed in writing by the authorised officer): (i) any liability of the person for the offence to which the notices relate will be discharged; and (ii) the person will not be prosecuted in court for the offence; and (iii) the person will not be taken to have been convicted of the offence; and (d) if the person does not pay the infringement penalty within that time, the person may be prosecuted in court for the offence; and (e) if the person wishes a court to decide whether he or she is guilty of the offence, the person must notify the Competent Authority in writing within 28 days after the day when the reminder notice is given to the person; and (f) if the person notifies the Competent Authority in writing of that wish within the 28 days: (i) the infringement notice may be withdrawn; and (ii) he or she may be prosecuted in court for the offence; and (g) if the person is prosecuted in court and found guilty of the offence, the person may be convicted of the offence and ordered to pay a penalty and costs, and be subject to any other order that the court makes.
(1) A notice withdrawing an infringement notice served on a person for an offence must: (a) include the following information: (i) the full name, or surname and initials, and address of the person; (ii) the number of the notice; (iii) the date of service of the notice; and (b) state that the notice is withdrawn; and (c) if an authorised officer intends to bring a prosecution against the person in a court for the offence—state that a prosecution may be brought against the person in a court for the offence. (2) If the person has already paid the infringement penalty specified in the notice, the Competent Authority must refund it.
(1) This Part does not: (a) require an infringement notice to be served on a person for an offence; or (b) affect the liability of a person to be prosecuted for an offence if an infringement notice is not served on the person for the offence; or (c) prevent the service of 2 or more infringement notices on a person for an offence; or (d) affect the liability of a person to be prosecuted for an offence if the person does not comply with an infringement notice for the offence; or (e) limit or otherwise affect the penalty that may be imposed by a court on a person convicted of an offence. (2) However, if the person on whom an infringement notice is served for an offence pays the infringement penalty specified in the notice: (a) any liability of the person for the offence is discharged; and (b) the person may not be prosecuted in a court for the offence; and (c) the person is not taken to have been convicted of the offence.
(1) A person does not commit an offence against the Act or {this subordinate law} if, within the period of 12 months {local variation} after the commencement of the Act, the person transports dangerous goods by road or rail in accordance with the law that regulated the transport of dangerous goods by road or rail and was in force in this jurisdictionimmediately before the commencement of the Act. (2) Where an exemption or approval that is continued in effect by virtue of this Part does not have an expiry date, it will expire on the fifth anniversary of the commencement of the Act.
(1) This {clause} applies to a determination (however described) that: (a) was made under a law that regulated the transport of dangerous goods by road or rail; and (b) was in force in this jurisdiction immediately before the commencement of the Act; and (c) is a determination in respect of something that may be determined under a provision (the relevant provision) of any of the following {clauses}: • (i) 1.6.1 (Determinations—dangerous goods and packaging); (ii) 1.6.2 (Determinations—foreign approved IBCs, tanks and MEGCs); (iii) 1.6.3 (Determinations—vehicles, routes, areas and times). (2) The determination has effect for {this subordinate law} as if it were a determination made by the Competent Authority under the relevant {clause} of {this subordinate law}. (3) Without limiting {subclause (1)}, the Competent Authority may record the determination in the register of determinations kept under {clause} 1.6.5. (4) {Subclause (3)} does not apply to a determination if it was made on the application of a person and applies only to the person.
(1) This {clause} applies to a determination (however described) that: (a) was made under a law regulating the transport of dangerous goods by road or rail made by a jurisdiction that has passed or has indicated that it intends to pass a corresponding law; (b) was in force in the {State/Territory} immediately before the commencement of the Act; and (c) is a determination about something that may be determined under a provision of the law of the other {State/Territory} (the corresponding provision) that corresponds to a provision of a {clause} mentioned in paragraph 22.1.2 (1) (c). (2) Except for circumstances that do not exist in this jurisdiction, the determination has effect for {this subordinate law} as if it were a determination made by the corresponding authority for the other {State/Territory} under the corresponding provision.
(1) This {clause} applies to an exemption (however described) that: (a) was granted under a law regulating the transport of dangerous goods by road or rail; and (b) was in force in this {State/Territory} immediately before the commencement of the Act; and (c) is an exemption from compliance with a provision of that law corresponding to a provision (the relevant provision) of {this subordinate law}. (2) The exemption has effect for {this subordinate law} as if it were an exemption granted by the Competent Authority from compliance with the relevant provision. (3) Without limiting {subclause (2)}, the Competent Authority may record the exemption in the register of exemptions kept under {clause} 1.6.5.
(1) This {clause} applies to an exemption (however described) that: (a) was granted under a law regulating the transport of dangerous goods by road or rail made by a {State/Territory} that has passed or has indicated that it intends to pass a corresponding law; and (b) was in force in the other {State/Territory} immediately before the commencement of the Act; and (c) is an exemption from compliance with a provision of the law of the other {State/Territory} (the corresponding provision) corresponding to a provision of the Act or{this subordinate law}. (2) Except for circumstances that do not exist in this {State/Territory}, the exemption has effect for the Act or {this subordinate law} as if it were an exemption granted by the corresponding authority for the other {State/Territory} from compliance with the corresponding provision.
(1) This {clause} applies to an approval (however described) if the approval: (a) was given under a law regulating the transport of dangerous goods by road; and (b) was in force in this {State/Territory} immediately before the commencement of the Act; and (c) is an approval of something that may be approved under a provision (the relevant provision) of any of the following provisions: (i) {clause} 1.3.2 (Approvals—tests and training courses for drivers); (ii) Division 4.2 (Suitability and design of packaging); (iii) {clause} 9.1.8 (Approvals—segregation devices and methods of segregation; (iv) {clause} 11.2.7 (Approvals—emergency information). (2) The approval has effect for {this subordinate law} as if it were an approval given by the Competent Authority under the relevant provision. (3) Without limiting {subclause} (2), the Competent Authority may record the approval in the register of approvals kept under {clause} 17.2.1.
(1) This subordinate law applies to an approval (however described) that: (a) was given under a law regulating the transport of dangerous goods by road or rail made by a {State/Territory} that has passed or has indicated that it intends to pass a corresponding law; and (b) was in force in the other {State/Territory} immediately before the commencement of the Act; and (c) is an approval of something that may be approved under a provision of the law of the other {State/Territory} (the corresponding provision) corresponding to a provision mentioned in paragraph 22.1.6 (1) (c). (2) Except for circumstances that do not exist in this {State/Territory}, the approval has effect for {this subordinate law} as if it were an approval given by the corresponding authority for the other {State/Territory} under the corresponding provision.
(1) This {clause} applies to a licence (however described) that: (a) was granted under a law regulating the transport of dangerous goods by road; and (b) was in force in this {State/Territory} immediately before the commencement of the Act; and (c) is a licence that may be granted under either of the following provisions (the relevant provision): (i) {clause} 18.3.5 (Grant of dangerous goods driver licences)18.11 (which is about bulk driver licences); (ii) {clause} 18.4.4 (Grant of dangerous goods vehicle licences). (2) The licence has effect for {this subordinate law} as if it were a licence granted by the Competent Authority under the relevant provision. (3) Without limiting {subclause (2)}, the Competent Authority may record the licence in the relevant register of licences kept under {clause} 18.6.5.
(1) This {clause} applies to a licence (however described) that: (a) was granted under a law regulating the transport of dangerous goods by road or rail made by a {State/Territory} that has passed or has indicated that it intends to pass a corresponding law; and (b) was in force in the other {State/Territory} immediately before the commencement of the Act; and (c) is a licence that may be granted under a provision of the law of the other {State/Territory} (the corresponding provision) corresponding to a provision mentioned in paragraph 22.1.8 (1) (c). (2) Except for circumstances that do not exist in this {State/Territory}, the licence has effect for {this subordinate law} as if it were a licence granted by the corresponding authority for the other jurisdiction under the corresponding provision.