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Name of Regulations
1 Name of Regulations
These Regulations are the National Transport Commission (Road Transport Legislation—Dangerous Goods Regulations) Regulations 2006.
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Commonwealth legislation
This law creates a national framework for safely transporting dangerous goods by road in Australia, aligning with the ADG Code to reduce injury, property and environmental harm. It affects consignors, carriers, drivers, packers, vehicle owners and manufacturers by setting requirements for approved packaging and tanks, labelling, documentation, vehicle safety, segregation and training.
Licensing and medical/competency checks are required for bulk transport; state/territory regulators enforce the rules with fines and a national panel coordinates cross-jurisdictional decisions.
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Direct links to the current provisions in National Transport Commission (Road Transport Legislation – Dangerous Goods Regulations) Regulations 2006.
These Regulations are the National Transport Commission (Road Transport Legislation—Dangerous Goods Regulations) Regulations 2006.
These Regulations commence on the day after they are registered.
For section 7 of the National Transport Commission Act 2003 (the NTC Act), Schedule 1 sets out road transport legislation, in the form of Regulations, about the transport of dangerous goods.
Note 1: The road transport legislation set out in Schedule 1 does not have the force of law (see paragraph 7(2)(a) of the NTC Act).
Note 2: These Regulations must be made in accordance with the Agreement (see subparagraph 3(b)(ii) of the NTC Act).
Note 3: These Regulations are not subject to disallowance—see regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003.
Note 4: These Regulations are not subject to sunsetting—see regulations made for the purposes of paragraph 54(2)(b) of the Legislation Act 2003.
Note 5: The text set out in Schedule 1 is that of the Road Transport Reform (Dangerous Goods) Regulations (Statutory Rules No. 241 of 1997). It has been formatted in accordance with current drafting practice (including styles of provision numbering and cross‑referencing). Those Regulations were approved in draft form by the Ministerial Council for Road Transport on 20 June 1997.
Note 6: The making of the Road Transport Reform (Dangerous Goods) Regulations was notified in the Commonwealth of Australia Gazette on 10 September 1997. No date was ever specified under regulation 1.2 of those Regulations.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
These Regulations are the National Transport Commission (Road Transport Legislation—Dangerous Goods Regulations) Regulations 2006.
These Regulations commence on the day after they are registered.
For section 7 of the National Transport Commission Act 2003 (the NTC Act), Schedule 1 sets out road transport legislation, in the form of Regulations, about the transport of dangerous goods.
Note 1: The road transport legislation set out in Schedule 1 does not have the force of law (see paragraph 7(2)(a) of the NTC Act).
Note 2: These Regulations must be made in accordance with the Agreement (see subparagraph 3(b)(ii) of the NTC Act).
Note 3: These Regulations are not subject to disallowance—see regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003.
Note 4: These Regulations are not subject to sunsetting—see regulations made for the purposes of paragraph 54(2)(b) of the Legislation Act 2003.
Note 5: The text set out in Schedule 1 is that of the Road Transport Reform (Dangerous Goods) Regulations (Statutory Rules No. 241 of 1997). It has been formatted in accordance with current drafting practice (including styles of provision numbering and cross‑referencing). Those Regulations were approved in draft form by the Ministerial Council for Road Transport on 20 June 1997.
Note 6: The making of the Road Transport Reform (Dangerous Goods) Regulations was notified in the Commonwealth of Australia Gazette on 10 September 1997. No date was ever specified under regulation 1.2 of those Regulations.
These Regulations are the Road Transport Reform (Dangerous Goods) Regulations 1997.
These Regulations, except regulation 1.1 and this regulation, commence on a day or days specified by the Commonwealth Minister by notice in the Commonwealth of Australia Gazette.
Note: Regulations 1.1 and 1.2 commence on gazettal: see Acts Interpretation Act 1901, s. 48.
The main objects of these Regulations are: (a) to reduce as far as practicable the risks of personal injury, property damage and environmental harm arising from the transport of dangerous goods by road; and (b) to give effect to the standards, requirements and procedures of the ADG Code so far as they apply to the transport of dangerous goods by road; and (c) to promote consistency between the standards, requirements and procedures applying to the transport of dangerous goods by road and by other modes of transport.
(1) The dictionary in Schedule 3 defines particular words and expressions. (2) A relevant definition found elsewhere in these Regulations is indicated by a signpost definition in the dictionary.
Note: A signpost definition of a word or expression is included only if the definition is used outside the regulation defining the word or expression.
(3) A definition outside these Regulations that applies particularly to these Regulations is also indicated by a signpost definition in the dictionary.
Note: Example: The signpost definition
Note: converter dolly see clause 10.6 in the Schedule to the Road Transport Reform (Heavy Vehicles Standards) Regulations.
Note: indicates that the expression converter dolly is defined in clause 10.6 in the Schedule to those Regulations.
(4) A definition in or applying to these Regulations applies to words and expressions used in these Regulations unless the contrary intention appears. (5) A definition in or applying to these Regulations applies to the entire Regulations unless the contrary intention appears.
(1) In this regulation:
instrument means a code, standard or rule (whether made in or outside Australia) relating to dangerous goods or to transport by road, and includes a provision of an instrument.
(2) In these Regulations, a reference to an instrument includes a reference to another instrument as applied or adopted by, or incorporated in, the first instrument. (3) In these Regulations, unless the contrary intention appears, a reference to an instrument is a reference to the instrument as amended from time to time.
Note: See section 50 of the Act, which deals with notification in the Government Gazette of where an instrument may be obtained or inspected.
(1) In this regulation:
instrument means a code, standard or rule (whether made in or outside Australia) relating to dangerous goods or to transport by road.
(2) If an instrument is applied or adopted by, or is incorporated in, these Regulations and the instrument is inconsistent with these Regulations, the Regulations prevail to the extent of the inconsistency.
In these Regulations, a reference to: (a) a determination, exemption, approval, bulk driver licence or bulk vehicle licence; or (b) a corresponding determination, exemption, approval, bulk driver licence or bulk vehicle licence; includes a reference to the determination, exemption, approval or licence as varied.
In these Regulations, a reference to the variation of: (a) an administrative determination, exemption, approval, bulk driver licence or bulk vehicle licence; or (b) a corresponding administrative determination, exemption, approval, bulk driver licence or bulk vehicle licence; includes a reference to a variation by addition, omission or substitution.
Note: Example: The addition of a new condition to an existing administrative determination.
Note: The Defence Act 1903 (Cwlth) deals with the immunity of defence personnel from certain State and Territory laws.
These Regulations do not apply to the transport of dangerous goods by an authorised officer, or an officer of an emergency service, to the extent necessary to avert, eliminate or minimise a dangerous situation.
(1) In this regulation:
designated dangerous goods means dangerous goods of Class 1 (except of Class 1.4S), Class 6.2 or Class 7.
(2) These Regulations do not apply to the transport by a person of a load of dangerous goods if: (a) the goods are packaged dangerous goods; and (b) the goods are not, and do not include, designated dangerous goods; and (c) the aggregate quantity of the dangerous goods in the load is less than 25% of a placard load; and (d) the goods are not being transported by the person in the course of a business of transporting goods by road.
Regulations 3.1 to 3.4, and Divisions 5, 6 and 7 of Part 4, do not apply to the transport of dangerous goods by road if: (a) the goods have been imported into Australia; and (b) the goods are being transported in a closed freight container; and (c) the goods are not leaking from the container; and (d) the goods are being transported directly to a destination that is not more than 50 kilometres by road from the place of import; and (e) the container is placarded in accordance with the IATA Regulations, ICAO Rules or IMDG Code.
Note: Some provisions of this Division are only capable of applying in this jurisdiction. However, other provisions of this Division may be adopted in other participating jurisdictions.
Chapter 2 of the Criminal Code set out in the Schedule to the Criminal Code Act 1995 of the Commonwealth (except Part 2.5) applies to an offence against these Regulations as if the Chapter were in operation in this jurisdiction.
Note 1: Chapter 2 of the Criminal Code codifies the general principles of criminal responsibility.
Note 2: Part 2.5 of the Criminal Code provides for the imposition of criminal liability on bodies corporate. It is not appropriate to apply Part 2.5 to the Regulations because section 42 of the Act deals with the matter in a different way.
An offence created by a provision mentioned in Schedule 1 is an offence of strict liability.
An approved form is taken to be a disallowable instrument for the purposes of section 10 of the Subordinate Laws Act 1989 of the Australian Capital Territory.
Note 1: Section 10 of the Subordinate Laws Act 1989 (ACT) provides that an Act or subordinate law of the Territory may provide that an instrument made under the Act or law is a disallowable instrument for the purposes of the section.
Note 2: Section 6 of the Subordinate Laws Act 1989 (ACT) makes provision for the notification, tabling and disallowance of disallowable instruments.
A determination made under these Regulations (except an administrative determination) is taken to be a disallowable instrument for the purposes of section 10 of the Subordinate Laws Act 1989 of the Australian Capital Territory.
Note: See notes to regulation 1.14.
(1) The Competent Authority may approve a form for a provision or purpose of these Regulations. (2) The form must be used for the provision or purpose.
(1) Each approved form must have a heading that includes the name of these Regulations and briefly indicates the purpose of the form. (2) Each kind of approved form must be numbered using a system that gives forms of that kind a unique number. (3) Each version of a kind of approved form must be numbered consecutively using a system that gives the version a unique number.
The Competent Authority may determine that: (a) goods are dangerous goods; or (b) goods are not dangerous goods; or (c) goods are dangerous goods of a particular Class; or (d) goods are dangerous goods with a particular Subsidiary Risk; or (e) goods are dangerous goods of a particular Packing Group; or (f) goods are incompatible with particular dangerous goods; or (g) goods are too dangerous to be transported; or (h) goods are too dangerous to be transported in bulk; or (i) goods are too dangerous to be transported on the same combination road vehicle as other goods.
A determination is an administrative determination if the determination: (a) is made on the application of a person; and (b) applies only to the person.
Note 1: Part 17 contains provisions dealing with administrative determinations, including applications for administrative determinations and their cancellation and variation.
Note 2: For additional provisions about cancelling and varying administrative determinations, see Part 19.
An administrative determination may be subject to any condition necessary for the safe transport of dangerous goods by road.
(1) The Competent Authority must keep a register of determinations. (2) The register may have separate divisions for different kinds of determinations. (3) The Competent Authority must record in the register: (a) each determination made under these Regulations that is not an administrative determination; and (b) each determination made by a corresponding Competent Authority that would be a corresponding determination if it were recorded in the register. (4) The Competent Authority must note in the register: (a) the revocation of a determination made under these Regulations; and (b) a decision of the Panel reversing a decision that a corresponding determination should have effect in all participating jurisdictions or participating jurisdictions including this jurisdiction.
The record of a determination in the register must include: (a) the provisions of the determination; or (b) the following information: (i) the title of the Government Gazette of the participating jurisdiction where the determination was notified or published and the date of notification or publication; (ii) the provisions of these Regulations, and of the ADG Code, to which the determination relates; (iii) the dangerous goods, equipment, packaging, vehicle or other thing to which the determination relates.
(1) This regulation does not apply to an administrative determination. (2) The Competent Authority must refer a draft determination to the Panel if the Authority considers that the determination should have effect in all participating jurisdictions or participating jurisdictions including this jurisdiction. (3) The Competent Authority must refer to the Panel a determination having effect in this jurisdiction, and 1 or more other participating jurisdictions, if: (a) the Authority considers that the determination should be revoked or varied; or (b) a corresponding Competent Authority recommends to the Authority in writing that the determination should be revoked or varied.
(1) This regulation applies if: (a) a draft determination is referred to the Panel under subregulation 1.23(2); and (b) the Panel decides that: (i) the draft determination should be made, what the provisions of the determination should be, and that the determination should have effect in all participating jurisdictions or participating jurisdictions including this jurisdiction; or (ii) the determination should not have effect in this participating jurisdiction. (2) The Competent Authority must have regard to the Panel’s decision.
(1) This regulation applies if: (a) a determination is referred to the Panel under subregulation 1.23(3); and (b) the Panel decides that the determination: (i) should, or should not, be revoked; or (ii) should be varied (whether or not the Panel’s decision is the same as the variation proposed by the Authority), 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 the Panel’s decision.
(1) This regulation applies if: (a) the Panel decides that a determination (the national determination) should have effect in all participating jurisdictions or participating jurisdictions including this jurisdiction; and (b) the national determination is inconsistent with a determination (the local determination) that only has effect in this jurisdiction. (2) The national determination prevails over the local determination to the extent of the inconsistency.
If, in a prosecution for an offence against these Regulations, it is material to prove that someone reasonably ought to have known or suspected something, the issue is to be decided having regard to: (a) the person’s abilities, experience, qualifications and training; and (b) the circumstances of the alleged offence.
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