sec.442Regulations about dangerous goods

### sec.442 Regulations about dangerous goods A regulation may make provision about dangerous goods and the transport of dangerous goods by rail, including, for example, the following— identifying and classifying goods as dangerous goods, and the identification and classification of dangerous goods; the making of decisions by the chief executive for the purposes of a regulation in relation to the following— the identification and classification of goods as dangerous goods; the identification and classification of dangerous goods; the specification of what is, and what is not, compatible with dangerous goods for transport purposes; prohibiting or regulating the transport of dangerous goods; regulating the containment of dangerous goods that are being, or that are to be, transported; the analysis and testing of dangerous goods; the marking and labelling of packages containing dangerous goods for transport and the placarding of rail vehicles and packaging on or in which dangerous goods are transported; containers, rail vehicles, packaging equipment and other items to be used for transporting dangerous goods; the manufacture of rail vehicles, containers, packaging, equipment and other items for use in transporting dangerous goods; the loading of dangerous goods for, and the unloading of dangerous goods after, their transportation; deciding routes along which, the areas in which and the times during which, dangerous goods may or may not be transported; procedures for transporting dangerous goods, including— the quantities and circumstances in which dangerous goods may be transported; and safety procedures and equipment; the approval of— rail vehicles, packaging, equipment and other items used in relation to transporting dangerous goods; and facilities for, and methods of, testing or using rail vehicles, packaging, equipment and other items used in relation to transporting dangerous goods; and processes carried out in relation to transporting dangerous goods; other approvals; documents to be prepared or kept by persons involved in transporting dangerous goods and the approval of alternative documentation; obligations arising, and procedures to be followed, in a dangerous situation; the training and qualifications required of persons involved in, and the approval of training courses and qualifications relating to involvement in, transporting dangerous goods; the recognition of accredited providers of training, package testing, design verification and other similar activities; exempting from the application of this chapter the transport by rail— of stated types of dangerous goods; and of dangerous goods in stated circumstances or ways. Without limiting subsection (1) , a regulation may make provision about— the recognition of laws of other jurisdictions relating to transporting dangerous goods by rail, things done under those laws and giving effect to those things; and the recognition of an entity (the competent authorities panel ) whose membership includes the chief executive and dangerous goods authorities, and other matters in relation to the competent authorities panel. For subsection (1A) (b) , a regulation may provide that the chief executive must refer to the competent authorities panel— an application made to the chief executive for a decision, approval or exemption under this Act if the chief executive considers the decision, approval or exemption should have effect in all participating dangerous goods jurisdictions or some of those jurisdictions including this jurisdiction; or a decision, approval or exemption under this Act that has effect in all participating dangerous goods jurisdictions or some of those jurisdictions including this jurisdiction if— the chief executive considers the decision, approval or exemption should be cancelled or amended; or a dangerous goods authority recommended to the chief executive that the decision, approval or exemption should be cancelled or amended; or a recommendation by the chief executive to a dangerous goods authority that a decision, approval or exemption given by the authority under a corresponding law, that has effect in all participating dangerous goods jurisdictions or some of those jurisdictions including this jurisdiction, if the chief executive considers a ground exists under the corresponding law for the authority to cancel or amend the decision, approval or exemption. If a regulation provides that a matter must be referred to the competent authorities panel, the regulation may provide that the chief executive must have regard to the panel’s decision. A regulation may make provision in relation to an action taken or decision made by the competent authorities panel or a dangerous goods authority in relation to a matter considered by the competent authorities panel, including that the action or decision has effect in this jurisdiction as if it were an action or decision of the chief executive. Without limiting subsection (1) , a regulation may provide— for the granting or renewing of, or refusing to grant or renew, an approval or exemption; or grounds for amending, suspending or cancelling an approval or exemption. The Statutory Instruments Act 1992 is not limited by this section. In this section— amend includes vary. corresponding law means— a law of another State corresponding, or substantially corresponding, to this chapter; or a law of the other State that is declared under a regulation to be a corresponding law, whether or not the law corresponds, or substantially corresponds, to this chapter. s 442 ins 2001 No. 79 s 34 amd 2008 No. 67 s 5 ; 2019 No. 25 s 17 (sec.442-ssec.1) A regulation may make provision about dangerous goods and the transport of dangerous goods by rail, including, for example, the following— identifying and classifying goods as dangerous goods, and the identification and classification of dangerous goods; the making of decisions by the chief executive for the purposes of a regulation in relation to the following— the identification and classification of goods as dangerous goods; the identification and classification of dangerous goods; the specification of what is, and what is not, compatible with dangerous goods for transport purposes; prohibiting or regulating the transport of dangerous goods; regulating the containment of dangerous goods that are being, or that are to be, transported; the analysis and testing of dangerous goods; the marking and labelling of packages containing dangerous goods for transport and the placarding of rail vehicles and packaging on or in which dangerous goods are transported; containers, rail vehicles, packaging equipment and other items to be used for transporting dangerous goods; the manufacture of rail vehicles, containers, packaging, equipment and other items for use in transporting dangerous goods; the loading of dangerous goods for, and the unloading of dangerous goods after, their transportation; deciding routes along which, the areas in which and the times during which, dangerous goods may or may not be transported; procedures for transporting dangerous goods, including— the quantities and circumstances in which dangerous goods may be transported; and safety procedures and equipment; the approval of— rail vehicles, packaging, equipment and other items used in relation to transporting dangerous goods; and facilities for, and methods of, testing or using rail vehicles, packaging, equipment and other items used in relation to transporting dangerous goods; and processes carried out in relation to transporting dangerous goods; other approvals; documents to be prepared or kept by persons involved in transporting dangerous goods and the approval of alternative documentation; obligations arising, and procedures to be followed, in a dangerous situation; the training and qualifications required of persons involved in, and the approval of training courses and qualifications relating to involvement in, transporting dangerous goods; the recognition of accredited providers of training, package testing, design verification and other similar activities; exempting from the application of this chapter the transport by rail— of stated types of dangerous goods; and of dangerous goods in stated circumstances or ways. (sec.442-ssec.1A) Without limiting subsection (1) , a regulation may make provision about— the recognition of laws of other jurisdictions relating to transporting dangerous goods by rail, things done under those laws and giving effect to those things; and the recognition of an entity (the competent authorities panel ) whose membership includes the chief executive and dangerous goods authorities, and other matters in relation to the competent authorities panel. (sec.442-ssec.1B) For subsection (1A) (b) , a regulation may provide that the chief executive must refer to the competent authorities panel— an application made to the chief executive for a decision, approval or exemption under this Act if the chief executive considers the decision, approval or exemption should have effect in all participating dangerous goods jurisdictions or some of those jurisdictions including this jurisdiction; or a decision, approval or exemption under this Act that has effect in all participating dangerous goods jurisdictions or some of those jurisdictions including this jurisdiction if— the chief executive considers the decision, approval or exemption should be cancelled or amended; or a dangerous goods authority recommended to the chief executive that the decision, approval or exemption should be cancelled or amended; or a recommendation by the chief executive to a dangerous goods authority that a decision, approval or exemption given by the authority under a corresponding law, that has effect in all participating dangerous goods jurisdictions or some of those jurisdictions including this jurisdiction, if the chief executive considers a ground exists under the corresponding law for the authority to cancel or amend the decision, approval or exemption. (sec.442-ssec.1C) If a regulation provides that a matter must be referred to the competent authorities panel, the regulation may provide that the chief executive must have regard to the panel’s decision. (sec.442-ssec.1D) A regulation may make provision in relation to an action taken or decision made by the competent authorities panel or a dangerous goods authority in relation to a matter considered by the competent authorities panel, including that the action or decision has effect in this jurisdiction as if it were an action or decision of the chief executive. (sec.442-ssec.2) Without limiting subsection (1) , a regulation may provide— for the granting or renewing of, or refusing to grant or renew, an approval or exemption; or grounds for amending, suspending or cancelling an approval or exemption. (sec.442-ssec.3) The Statutory Instruments Act 1992 is not limited by this section. (sec.442-ssec.4) In this section— amend includes vary. corresponding law means— a law of another State corresponding, or substantially corresponding, to this chapter; or a law of the other State that is declared under a regulation to be a corresponding law, whether or not the law corresponds, or substantially corresponds, to this chapter. - (a) identifying and classifying goods as dangerous goods, and the identification and classification of dangerous goods; - (b) the making of decisions by the chief executive for the purposes of a regulation in relation to the following— (i) the identification and classification of goods as dangerous goods; (ii) the identification and classification of dangerous goods; (iii) the specification of what is, and what is not, compatible with dangerous goods for transport purposes; (iv) prohibiting or regulating the transport of dangerous goods; (v) regulating the containment of dangerous goods that are being, or that are to be, transported; - (i) the identification and classification of goods as dangerous goods; - (ii) the identification and classification of dangerous goods; - (iii) the specification of what is, and what is not, compatible with dangerous goods for transport purposes; - (iv) prohibiting or regulating the transport of dangerous goods; - (v) regulating the containment of dangerous goods that are being, or that are to be, transported; - (d) the analysis and testing of dangerous goods; - (e) the marking and labelling of packages containing dangerous goods for transport and the placarding of rail vehicles and packaging on or in which dangerous goods are transported; - (g) containers, rail vehicles, packaging equipment and other items to be used for transporting dangerous goods; - (h) the manufacture of rail vehicles, containers, packaging, equipment and other items for use in transporting dangerous goods; - (i) the loading of dangerous goods for, and the unloading of dangerous goods after, their transportation; - (j) deciding routes along which, the areas in which and the times during which, dangerous goods may or may not be transported; - (k) procedures for transporting dangerous goods, including— (i) the quantities and circumstances in which dangerous goods may be transported; and (ii) safety procedures and equipment; - (i) the quantities and circumstances in which dangerous goods may be transported; and - (ii) safety procedures and equipment; - (l) the approval of— (i) rail vehicles, packaging, equipment and other items used in relation to transporting dangerous goods; and (ii) facilities for, and methods of, testing or using rail vehicles, packaging, equipment and other items used in relation to transporting dangerous goods; and (iii) processes carried out in relation to transporting dangerous goods; - (i) rail vehicles, packaging, equipment and other items used in relation to transporting dangerous goods; and - (ii) facilities for, and methods of, testing or using rail vehicles, packaging, equipment and other items used in relation to transporting dangerous goods; and - (iii) processes carried out in relation to transporting dangerous goods; - (n) other approvals; - (o) documents to be prepared or kept by persons involved in transporting dangerous goods and the approval of alternative documentation; - (p) obligations arising, and procedures to be followed, in a dangerous situation; - (q) the training and qualifications required of persons involved in, and the approval of training courses and qualifications relating to involvement in, transporting dangerous goods; - (r) the recognition of accredited providers of training, package testing, design verification and other similar activities; - (s) exempting from the application of this chapter the transport by rail— (i) of stated types of dangerous goods; and (ii) of dangerous goods in stated circumstances or ways. - (i) of stated types of dangerous goods; and - (ii) of dangerous goods in stated circumstances or ways. - (i) the identification and classification of goods as dangerous goods; - (ii) the identification and classification of dangerous goods; - (iii) the specification of what is, and what is not, compatible with dangerous goods for transport purposes; - (iv) prohibiting or regulating the transport of dangerous goods; - (v) regulating the containment of dangerous goods that are being, or that are to be, transported; - (i) the quantities and circumstances in which dangerous goods may be transported; and - (ii) safety procedures and equipment; - (i) rail vehicles, packaging, equipment and other items used in relation to transporting dangerous goods; and - (ii) facilities for, and methods of, testing or using rail vehicles, packaging, equipment and other items used in relation to transporting dangerous goods; and - (iii) processes carried out in relation to transporting dangerous goods; - (i) of stated types of dangerous goods; and - (ii) of dangerous goods in stated circumstances or ways. - (a) the recognition of laws of other jurisdictions relating to transporting dangerous goods by rail, things done under those laws and giving effect to those things; and - (b) the recognition of an entity (the competent authorities panel ) whose membership includes the chief executive and dangerous goods authorities, and other matters in relation to the competent authorities panel. - (a) an application made to the chief executive for a decision, approval or exemption under this Act if the chief executive considers the decision, approval or exemption should have effect in all participating dangerous goods jurisdictions or some of those jurisdictions including this jurisdiction; or - (b) a decision, approval or exemption under this Act that has effect in all participating dangerous goods jurisdictions or some of those jurisdictions including this jurisdiction if— (i) the chief executive considers the decision, approval or exemption should be cancelled or amended; or (ii) a dangerous goods authority recommended to the chief executive that the decision, approval or exemption should be cancelled or amended; or - (i) the chief executive considers the decision, approval or exemption should be cancelled or amended; or - (ii) a dangerous goods authority recommended to the chief executive that the decision, approval or exemption should be cancelled or amended; or - (c) a recommendation by the chief executive to a dangerous goods authority that a decision, approval or exemption given by the authority under a corresponding law, that has effect in all participating dangerous goods jurisdictions or some of those jurisdictions including this jurisdiction, if the chief executive considers a ground exists under the corresponding law for the authority to cancel or amend the decision, approval or exemption. - (i) the chief executive considers the decision, approval or exemption should be cancelled or amended; or - (ii) a dangerous goods authority recommended to the chief executive that the decision, approval or exemption should be cancelled or amended; or - (a) for the granting or renewing of, or refusing to grant or renew, an approval or exemption; or - (b) grounds for amending, suspending or cancelling an approval or exemption. - (a) a law of another State corresponding, or substantially corresponding, to this chapter; or - (b) a law of the other State that is declared under a regulation to be a corresponding law, whether or not the law corresponds, or substantially corresponds, to this chapter.