Transport of Dangerous Goods by Road and Rail (National Uniform Legislation) Act 2010
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5 Definitions
In this Act:
acting in an official capacity, in relation to an authorised officer,
means the officer is exercising powers or performing functions
under, or otherwise related to the administration of, this Act.
associate, see section 6.
authorised, in relation to the driving of a vehicle or the running of
an engine, see section 13(3).
authorised officer means an authorised officer appointed under
section 23(1).
authorised officer identity card, see section 24(1).
broken down, see section 7.
combination means a road vehicle consisting of a motor vehicle
and one or more trailers.
commercial benefits penalty order, see section 104(1).
compensation order, see section 112.
Competent Authority, see section 22(1).
compliance purposes, see section 8.
consign, see section 9.
consignor, see section 9.
corresponding authority means the Competent Authority
appointed under a corresponding law.
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corresponding law means:
(a) a law of another jurisdiction corresponding, or substantially
corresponding, to this Act; or
(b) a law of another jurisdiction that is declared by regulation to be
a corresponding law, whether or not the law corresponds, or
substantially corresponds, to this Act.
dangerous activity, see section 92.
dangerous goods means:
(a) a substance or article prescribed by regulation as dangerous
goods; or
(b) a substance or article determined by the Competent Authority,
in accordance with the regulations, to be dangerous goods.
dangerous situation means a situation that is causing or is likely
to cause imminent risk of death or serious injury to a person,
significant harm to the environment or significant damage to
property.
driver, of a vehicle:
(a) includes a two-up driver of the vehicle who is present in or
near the vehicle; and
(b) includes a person who is driving the vehicle as a driver under
instruction or under a learner licence; and
(c) if the vehicle is a unit of rolling stock forming part of a train but
is not its locomotive – means the driver of the train; and
(d) if the vehicle is a trailer – means the driver of the motor
vehicle towing the trailer.
Note for definition driver
See also section 16(2) for an extension of the meaning of driver.
driver licence means a licence issued under a State or Territory
law authorising the licensee to drive a road vehicle but does not
include the following:
(a) a learner licence or a provisional or probationary licence
authorising a person who is a novice driver to drive a road
vehicle;
(b) a licence issued under this Act.
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employee, see section 138(1)(a).
employer, see section 138(1)(a).
exclusion order, see section 109(1).
exemption means an exemption granted under section 80.
fit, in relation to the driving of a vehicle, see section 13(2).
goods too dangerous to be transported means:
(a) a substance or article prescribed by regulation as goods too
dangerous to be transported; or
(b) a substance or article determined by the Competent Authority,
in accordance with the regulations, to be goods too dangerous
to be transported.
improvement notice means a notice under section 86, and
includes the notice as amended by an amendment notice under 88.
intelligent transport system means a system involving the use of
electronic or other technology (whether located in or on a vehicle,
or on or near a road or rail, or elsewhere) that has the capacity and
capability to monitor, collect, store, display, analyse, transmit or
report information relating to:
(a) a vehicle or its equipment or load, the driver of a vehicle, the
operator of a fleet of vehicles or another person involved in
road or rail transport; and
(b) without limiting paragraph (a) – whether a vehicle is being
operated in conformity with this Act and authorisations issued
under this Act.
involvement in the transport of dangerous goods includes:
(a) importing, or arranging for the importation of, dangerous
goods into Australia; and
(b) packing dangerous goods for transport; and
(c) marking or labelling packages containing dangerous goods for
transport, and placarding vehicles and packaging on or in
which dangerous goods are transported; and
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(d) consigning dangerous goods for transport, including the
preparation of transport documentation; and
(e) loading dangerous goods for transport or unloading dangerous
goods that have been transported; and
(f) undertaking, or being responsible for, otherwise than as an
employee or subcontractor, the transport of dangerous goods;
and
(g) driving a vehicle carrying dangerous goods; and
(h) being the consignee of dangerous goods that are transported;
and
(i) being involved as a director, secretary or manager of a body
corporate, or other person who takes part in the management
of a body corporate, that takes part in an activity covered by
this definition.
jurisdiction means the Commonwealth or a State or Territory.
load, see section 10.
loader, see section 10.
Ministerial Council means the body (however described) that
consists of the Minister of the Commonwealth, and the Minister of
each State and Territory, who is responsible, or principally
responsible, for matters relating to infrastructure and transport.
misleading information means information that is misleading in a
material particular or because of the omission of a material
particular.
offence means an offence against this Act.
operator, see section 11.
owner, in relation to a vehicle, means a person who:
(a) is the sole owner, a joint owner or a part owner of the vehicle;
or
(b) has possession or use of the vehicle under a credit, hire-
purchase, lease or other agreement, except an agreement
requiring the vehicle to be registered in the name of someone
else.
pack, see section 12.
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package, in relation to goods, means the complete product of the
packing of the goods for transport, and consists of the goods and
their packaging.
packaging, in relation to goods, means anything that contains,
holds, protects or encloses the goods, whether directly or indirectly,
to enable them to be received or held for transport, or to be
transported, and includes anything declared by regulation to be
packaging.
Notes for definition packaging
1 It may be that a container constitutes the whole of the packaging of goods, as
in the case of a drum in which dangerous goods are directly placed.
2 Unlike in United Nations publications relating to the transport of dangerous
goods, the term packaging is used in this Act in its ordinary meaning.
packer, see section 12.
placard means a label or emergency information panel that is
required by the regulations to be used in transporting dangerous
goods.
premises includes a structure, whether permanent or temporary,
and land, but does not include a vehicle.
prime contractor means a person who, in conducting a business
for or involving the transport of dangerous goods by road, has
undertaken to be responsible for, or is responsible for, the transport
of the goods by road.
prohibition notice means a notice under section 93(1) and
includes the notice as amended by an amendment notice under
section 96.
public authority means:
(a) the Crown in any capacity; or
(b) a body established by or under a law, or the holder of an office
established by or under a law, for a public purpose, including,
for example, a local government council; or
(c) a police force or police service.
public place includes a place:
(a) open to or used by the public as of right; or
(b) used for a public purpose or open to access by the public,
whether on payment or otherwise; or
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(c) open to access by the public by the express or tacit consent or
sufferance of the owner of that place, whether the place is or
is not always open to the public.
qualified, in relation to the driving of a vehicle or running of its
engine, see section 13(1).
rail operator, in relation to the transport of dangerous goods by
rail, means the person who has undertaken to be responsible, or is
responsible, for:
(a) the transport of the goods by rail; or
(b) the condition of a unit of rolling stock transporting the goods.
rail or road authority, see section 112.
rail or road infrastructure includes:
(a) any road (including its surface or pavement); and
(b) any railway (including its rails and junctions); and
(c) anything under or supporting a road or a railway, its surface,
pavement or rails and maintained by a rail or road authority;
and
(d) any bridge, tunnel, causeway, road-ferry, ford or other work or
structure forming part of a rail or road system or supporting a
railway or road; and
(e) any bridge or other work or structure located above, in or on a
railway or road and maintained by a rail or road authority; and
(f) any traffic control devices, railway or tramway equipment,
electricity equipment, emergency telephone systems or any
other facilities (whether of the same or a different kind) in, on,
over, under or connected with anything mentioned in
paragraphs (a) to (e).
road, see section 14.
road law means:
(a) a provision in the Motor Vehicles Act 1949 or Traffic Act 1987;
or
(b) a provision in a law of a State or another Territory that
substantially corresponds to a provision mentioned in
paragraph (a).
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road-related area, see section 14.
road vehicle:
(a) means any vehicle propelled on roads or road-related areas
by any means (for example, gas, oil or electricity) other than
human or animal power; and
(b) includes a combination, but does not include a powered cycle
or a vehicle used on a railway.
rolling stock, see section 15(1).
supervisory intervention order, see section 107(1).
trailer means a road vehicle that is designed to be towed, or is
towed, by another road vehicle but does not include a road vehicle
propelled by a motor that forms part of the vehicle.
train means:
(a) a unit of rolling stock that is a locomotive or other self-
propelled unit; or
(b) 2 or more units of rolling stock joined together, at least one of
which is a locomotive or other self-propelled unit.
transport, in relation to dangerous goods, includes:
(a) the packing, loading and unloading of the goods, and the
transfer of the goods to or from a vehicle, for the purpose of
their transport; and
(b) the marking or labelling of packages containing dangerous
goods, and the placarding of vehicles and packaging in or on
which dangerous goods are transported; and
(c) other matters incidental to their transport.
transport documentation means documentation required by the
regulations for the transport of dangerous goods.
two-up driver means a person accompanying a driver of a vehicle
on a journey or part of a journey who has been, is or will be sharing
the task of driving the vehicle during the journey.
unattended, see section 16(1).
unit of rolling stock, see section 15(2).
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vehicle means:
(a) a road vehicle; or
(b) rolling stock or a unit of rolling stock.
warrant means a warrant mentioned in section 60 or 61.
Section 5 - Transport of Dangerous Goods by Road and Rail (National Uniform Legislation) Act 2010 - Definitions | Zoe