Dangerous Goods Act 1985 (Vic)

Version No. 110

Dangerous Goods Act 1985

No. 10189 of 1985

Version incorporating amendments as at

6 August 2025

TABLE OF PROVISIONS

Section  Page

Part I—Preliminary

1Short title

2Commencement

3Definitions

4Objects of Act

5Act binds the Crown

8Relationship of this Act to other statutory provisions

9Application of Act

9AGovernor in Council may exempt dangerous goods from this Act etc.

9BGovernor in Council may declare substance or article to be dangerous goods

9CMinisterial order suspending or varying operation of regulations

10Adoption of ADG Code

10AReview of decisions by Tribunal

10BDelegations

10CProvision of information to corresponding Authority

10DRestrictions on disclosure of information

10ECircumstances in which information may be disclosed

Part II—Inspectors and enforcement

Division 1—Appointment of inspectors

11Appointment of inspectors

11ALimitations on powers of particular inspectors

11BIdentity cards

Division 2—Performance of functions or exercise of powers

12Inspectors subject to Authority's directions

12AAuthority has the powers etc. of an inspector

Division 3—Powers relating to entry and to inspection of vehicles

Subdivision 1—General powers

13Power to enter places

13APower to inspect vehicles

13BPowers incidental to entry etc.

13CPower to require production of documents and answers to questions

13DPower to take samples

Subdivision 2—Incident inquiries

13EInquiries concerning fires and explosions and events involving dangerous goods

Division 4—Procedure relating to entry

14Announcement on entry

14AReport to be given about entry

Division 5—Search warrants

15Issue of search warrants

15AAnnouncement before entry on warrant

15BCopy of warrant to be given to the occupier of the place to be searched

Division 6—Limitation on entry powers

16Places used for residential purposes

Division 7—Return and forfeiture of seized things

16AReturn of seized things

16BForfeiture of seized things

Division 8—Powers to issue directions and notices

17AProvisional directions

17BPower to issue non-disturbance notice

17CPower to issue improvement notice

17DPower to issue prohibition notice

17EDirections or conditions in notices

17FVariation or cancellation of notices

17GIssue etc. of directions and notices

17HFormal irregularities or defects in notices

17IProceedings for offences not affected by notices

17JInjunctions for non-compliance with notices

17KInspector may issue direction concerning damaged or spilled dangerous goods

Division 9—Other powers

18Power to require name and address

18APower to give directions

18BPowers extend to HCDG and explosives

Division 10—Other matters

19People who must assist inspector

19AOther assistance in exercising powers

19BInspector may take affidavits

19CInspector may copy documents

Division 11—Offences

19DOffences in relation to inspections

19EOffence to impersonate inspector

Division 12—Protections concerning self‑incrimination, legal professional privilege and client legal privilege

19FProtection against self-incrimination

19GLegal professional privilege and client legal privilege not affected

Part IIA—Review of decisions

20Which decisions are reviewable

20AInternal review

20BReview by the Tribunal

Part III—Licences

21Licences

21AAFailure to hold licence and other offences relating to the transport of dangerous goods

21ASpecial provisions for HCDG and explosives licences

22Review of decision of Authority

23Conditions etc. in licences

24Authority may amend, suspend or revoke licences

25Review of licence revocations etc.

26Transfer of licences

Part IV—Information on dangerous goods at licensed premises

27Certain persons to provide information concerning dangerous goods

28Authority to send the information to relevant fire authority

29Authority to send municipality details of dangerous goods for which a licence is issued

30Manifests

Part V—Accidents and security

31Persons required to take precautions

31AGoods too dangerous to be transported

31BDangerous goods must be transported in safe manner

31CAggravated offence

31DConduct in respect of dangerous goods that endangers persons

32Accidents to be reported

33Reconstruction work

33APower of Authority where premises or magazine especially dangerous

33BApproval of equipment etc. for sale

Part VI—Miscellaneous provisions relating to explosives and liquefied gases

34Governor in Council may appoint public magazines

36Trespassers etc. in relation to explosives

37Offences in relation to explosives

38Exemption of licensee where consignee etc. at fault

39Additional penalties for offences involving explosives

Part VIA—Asbestos removal and control

39ADefinitions

39BApplication of Part

39CAuthority to be notified of asbestos installed on or after 1 January 2004

39DManager or controller to agree to a removal plan or management plan

39ERemoval plan must specify time for removal of asbestos

39FManagement plans

Part VII—Proceedings and enforcement

40Proceedings may be brought by the Authority, inspectors and the police

40AProcedure if prosecution is not brought

40BLimitation period for prosecutions

41Proceedings for an offence

42Evidence

42AAnalyst's certificates

43Right of accused to have third person before court

44Offence to interfere etc. with document or give false information

44AOffence to give false or misleading information

45General

45AFurther penalties for subsequent offences

45BInfringement notices

45CCourt may make order amending, suspending or revoking licence

46Offences by bodies corporate and partnerships etc.

47Court may impose punishment for dangerous offence

47AForfeiture and disposal of HCDG, explosives or containers before conviction

47BCourt orders for forfeiture and disposal of HCDG, explosives or containers before conviction

47CAppeal against orders under section 47B

47DCompensation

48Court may order forfeiture

49Court may impose additional penalty in lieu of forfeiture

50Costs of seizure etc. recoverable from convicted person

50AJudicial notice of Minister's signature etc.

51Acts in good faith etc. not actionable

51AResponsible agency for the Crown

51BInfringement and other notices may be issued to the Crown

51CProceedings against successors to public bodies

Part VIIA—Insurance and indemnity for pecuniary penalties prohibited

51DCertain insurance and indemnity arrangements void

51EProhibition on insurance and indemnity for pecuniary penalties

Part VIII—Regulations, orders, codes of practice, undertakings and advice on compliance

52Power to make regulations

54Register of classified explosives

55Governor in Council may make Order with respect to dangerous goods

55AOrders—general provisions

55BVariation and revocation of orders

55CMaking and varying of orders about HCDG subject to disallowance

56Codes of practice

57Proposed code of practice to be made available for public comment

58Procedural matters concerning codes of practice

59Effect of failure to comply with a code of practice

60Use of codes of practice in proceedings

60AAuthority may accept undertakings

60BEnforcement of undertakings

60CPower to give advice on compliance

61Transfer of responsibilities

Part IX—Savings and transitional provisions—Dangerous Goods and Equipment (Public Safety) Acts (Amendment) Act 2005

62Definition

63Interpretation of Legislation Act 1984 not affected

64Amendments not to affect the appointment of inspectors

65Continuation of directions and notices

66Application of provisions concerning prosecutions

67Saving of instruments of delegation

Part X—Savings and transitional provisions

Division 1—Dangerous Goods Amendment (Transport) Act 2008

68Definitions

69Authorised officers

70Notices

71Application for review

72Lawful conduct under previous law

73Notice of prohibition

74References to Road Transport (Dangerous Goods) Act 1995

Division 2—Dangerous Goods Amendment (Penalty Reform) Act 2019

75Dangerous Goods Amendment (Penalty Reform) Act 2019

Schedules

Schedule 2––Subject-matter for regulations

═══════════════

Endnotes

1     General information

2     Table of Amendments

3     Explanatory details

Version No. 110

Dangerous Goods Act 1985

No. 10189 of 1985

Version incorporating amendments as at

6 August 2025

An Act to promote the safety of persons and property in relation to the manufacture, storage, transfer, transport, sale, purchase and use of dangerous goods and the import of explosives, to consolidate and amend the law relating to explosives and other dangerous goods, to repeal the Liquid Fuel Act 1941, the Liquified Petroleum Gas Act 1958, the Explosives Act 1960, the Inflammable Liquids Act 1966, the Liquefied Gases Act 1968 and the Dangerous Goods (Road Transport) Act 1984, to amend the Health Act 1958, the Mines Act 1958, the Transport Act 1983 and for other purposes.

BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):

PART I—PRELIMINARY

1Short title

This Act may be cited as the Dangerous Goods Act 1985.

2Commencement

The several provisions of this Act (including the several items in Schedule 1) shall come into operation on the day or on the respective days to be fixed by proclamation or successive proclamations of the Governor in Council published in the Government Gazette.

3Definitions

(1)In this Act, unless inconsistent with the context or subject-matter—

ADG Code means the Australian Code for the Transport of Dangerous Goods by Road and Rail (Seventh edition or subsequent edition) as in force from time to time in accordance with section 10;

Authority means the Victorian WorkCover Authority within the meaning of the Workplace Injury Rehabilitation and Compensation Act 2013;

blasting compound means all explosive compounds, formulations or mixtures (other than gunpowder) which are used for blasting and, without limiting the generality of the term, includes all compounds or mixtures containing nitroglycerine or nitroglycol or nitroglycol and nitroglycerine which are used for blasting;

boat means any vessel not being a ship;

combination, in relation to a vehicle, means a road vehicle consisting of a motor vehicle and one or more trailers;

*                *                *                *                *

container means anything in or by which dangerous goods are wholly or partly cased, covered, enclosed, contained or packed, whether such a thing is empty or partially or completely full but does not include a vehicle;

corresponding Authority has the same meaning as it has in section 5 of the Occupational Health and Safety Act 2004;

dangerous goods has the same meaning as it has in the ADG Code except that—

(a)Class 1 dangerous goods in that Code are not dangerous goods for the purposes of this Act; and

(b)the following substances and articles are also dangerous goods—

(i)explosives; and

(ii)combustible liquids having a flashpoint higher than 60°C; and

(iia)high consequence dangerous goods; and

(iib)any goods defined under the ADG Code or the regulations to be goods too dangerous to be transported; and

(iii)any substance or article declared to be dangerous goods by an Order in Council made under section 9B;

*                *                *                *                *

eligible person, in relation to a reviewable decision, has the meaning given by section 20;

explosives means any substance or article manufactured or used to produce a practical effect by explosion or a pyrotechnic effect and includes—

(a)gunpowder, nitroglycerine, nitroglycol, gelignite, guncotton, blasting powder, fulminating compounds, coloured fires, smoke compositions, fog signals, fireworks, fuses, rockets, percussion caps, detonators, cartridges and ammunition of all descriptions;

(b)substances or articles of whatever form or composition intended for blasting or demolition purposes;

(c)substances or articles used for the initiating of explosive charges or fillings;

(d)every adaptation or preparation of explosives; and

(e)any substance or article prescribed as explosives for the purposes of this Act;

explosives licence means a licence issued pursuant to section 21 in relation to explosives;

Fire Authority means any permanent or volunteer fire brigade under the Fire Rescue Victoria Act 1958 or any permanent or volunteer brigade under the Country Fire Authority Act 1958;

HCDGmeans high consequence dangerous goods;

HCDG licence means a licence issued pursuant to Part 3 in relation to high consequence dangerous goods;

high consequence dangerous goods means substances or articles that are declared to be high consequence dangerous goods under section 9B but does not include any substances or articles that are explosives;

indemnify means indemnify wholly or partly;

inspector means inspector appointed under section 11;

insure means insure wholly or partly;

keeper, in relation to a magazine, means the owner or person in charge of the magazine;

licence means a licence issued pursuant to section 21;

licensed premises means any premises, vehicle, boat or magazine where dangerous goods subject to a licence are present;

licensee means a person who holds a licence;

liquefied gases means any substance or article prescribed as liquefied gases for the purposes of this Act;

livestock has the same meaning as it has in section 3 of the Livestock Disease Control Act 1994;

magazine includes any building, receptacle, place, ship or boat;

magazine area means the area in which two or more magazines are sited;

manifest means an inventory of dangerous goods;

manufacture includes any part or the whole of any process of—

(a)making non-dangerous goods from dangerous goods;

(b)making non-dangerous goods from non-dangerous goods, where in the course of the process dangerous goods are made;

(c)the unmaking, altering, repairing or remaking of dangerous goods;

master includes every person (except a pilot) having command or charge of a ship, and in reference to any boat belonging to a ship means the master of the ship, and in reference to any other boat includes every person having command or charge of such boat;

occupier, in relation to any premises (other than licensed premises that are a vehicle or boat), includes a person who—

(a)is the owner of the premises;

(b)exercises control at the premises under a mortgage, lease or franchise; or

(c)is normally or occasionally in charge of or exercising control or supervision at the premises as a manager or employee or in any other capacity—

and, in relation to licensed premises that are a vehicle or boat, includes a person who—

(d)is the owner of the vehicle or boat; or

(e)is in charge of the vehicle or boat;

officer of a body corporate, unincorporated body or association or partnership has the meaning given by section 9 of the Corporations Act;

officer or member, in relation to a fire authority, includes a person who is employed by or is an officer of Fire Rescue Victoria under the Fire Rescue Victoria Act 1958 or the Country Fire Authority under the Country Fire Authority Act 1958;

owner in relation to a ship, includes a person who is the charterer of the ship or has possession of the ship;

owner, in relation to a vehicle or boat, includes a person—

(a)who is the sole owner, joint owner or part owner of the vehicle or boat;

(b)who has the possession and use of the vehicle or boat under or subject—

(i)to a hire-purchase agreement, bill of sale or like instrument; or

(ii)to a written hiring agreement (not being a hire-purchase agreement) which requires the person to register the vehicle or boat in the person's name—

but does not include any person in whom the property in the vehicle or boat or any kind of right or licence to take possession of the vehicle or boat is vested under or subject to a hire-purchase agreement or a bill of sale or like instrument or written hiring agreement which requires another person to register the vehicle or boat in the name of that other person but who has not for the time being the possession and use thereof;

person includes a body or association (corporate or unincorporate) and a partnership;

place includes a vehicle, ship or boat;

police officer has the same meaning as in the Victoria Police Act 2013;

premises includes—

(a)a building or part of a building;

(b)a tent, stall or other structure, whether permanent or temporary;

(c)land, whether or not appurtenant to a building; and

(d)any other place;

primary producer means any person engaged solely or substantially in agricultural, horticultural, viticultural, dairying, pastoral or other like pursuits or any person being a commercial fisherman and holding a licence to take fish for sale;

public magazine means any magazine appointed by the Governor in Council under section 34 to be a public magazine;

reviewable decision has the meaning given by section 20;

*                *                *                *                *

sell includes—

(a)barter or exchange;

(b)agree to sell or offer or expose for sale;

(c)receive for sale;

(d)have in possession for sale;

(e)send, forward or deliver for sale;

(f)advertise for sale;

(g)supply or give away for the purpose of advertisement or in furtherance of any trade or business;

(h)sell for resale; or

(i)cause, permit or attempt any of the acts or things referred to in paragraphs (a) to (h);

ship means any vessel used in sea navigation but does not include any barge, lighter or like vessel;

*                *                *                *                *

this Act includes—

(a)the regulations; and

(b)the register under section 54; and

(c)Orders under section 55;

transfer means any process which involves—

(a)the filling, loading, pumping or pouring of dangerous goods into a container; or

(b)the discharging, unloading, pumping or pouring of dangerous goods from a container;

*                *                *                *                *

transport documentation means documentation relating to the transport of dangerous goods required by regulations made under this Act;

Tribunal means Victorian Civil and Administrative Tribunal established by the Victorian Civil and Administrative Tribunal Act 1998;

unit of rolling stock means a vehicle designed to run on rails and that is, in fact, being operated or used on rails;

vehicle means any means of transport by land and includes a trailer, a semi-trailer, a combination and a unit of rolling stock;

WorkCover Authority Fund has the same meaning as it has in the Workplace Injury Rehabilitation and Compensation Act 2013.

(2)For the purposes of the interpretation of manufacture, making includes—

(a)any process of chemical reaction;

(b)any process which involves the mixing, separation, concentration, dilution, assembling or blending of substances or articles; and

(c)the operation of machinery, plant or equipment which is using, treating or processing dangerous goods.

(3)Any reference in this Act to sell explosives or to the sale of explosives includes a reference to the supply of the explosives whether or not for any consideration.

(4)For the purposes of this Act, involvement in the transport of dangerous goods includes any of the following—

(a)importing, or arranging for the importation of, dangerous goods into Australia;

(b)packing dangerous goods for transport;

(c)marking or labelling packages containing dangerous goods for transport;

(d)placarding containers and vehicles in which dangerous goods are transported;

(e)consigning dangerous goods for transport, including the preparation of transport documentation;

(f)loading dangerous goods onto a vehicle, or into a container that is to be put on a vehicle, for transport;

(g)unloading dangerous goods that have been transported;

(h)driving a vehicle carrying dangerous goods;

(i)being the consignee of dangerous goods that are transported;

(j)undertaking, or being responsible for, the transport of dangerous goods, otherwise than as an employee or sub-contractor;

(k)being involved as a director, secretary or manager of a body corporate, or other person who takes part in the management of the body corporate, that takes part in an activity included in this subsection.

4Objects of Act

The objects of this Act are—

(a)to promote the safety of persons and property in relation to the manufacture, storage, transport, transfer, sale and use of dangerous goods and the import of explosives into Victoria;

(b)to ensure that adequate precautions are taken against certain fires, explosions, leakages and spillages of dangerous goods and that when they occur they are reported to the emergency services and the inspectors without delay;

(c)to ensure that information relating to dangerous goods is provided by occupiers and owners of premises to the relevant authorities;

(d)to allocate responsibilities to occupiers and owners of premises to ensure that the health and safety of workers and the general public is protected;

(e)to provide for licensing of persons required by the regulations to hold a licence in relation to dangerous goods; and

(f)to provide for the implementation of the ADG Code;

(g)to provide for the management of risks arising out of security concerns associated with explosives and high consequence dangerous goods;

(h)to prohibit or regulate the import, export, supply or disposal of high consequence dangerous goods;

(i)to prohibit or regulate the export or supply of explosives.

5Act binds the Crown

(1)This Act binds the Crown—

(a)in right of the State of Victoria; and

(b)to the extent that the legislative power of the Parliament permits, in all its other capacities.

(2)To avoid doubt, the Crown is a body corporate for the purposes of this Act.

*                *                *                *                *

*                *                *                *                *

8Relationship of this Act to other statutory provisions

(1)Subject to this Act, where by or under any other Act provision is made relating to dangerous goods, the provision shall—

(a)if not inconsistent with a provision of this Act, be observed in addition to the provisions of this Act; and

(b)if inconsistent with a provision of this Act, be, to the extent of the inconsistency, of no force or effect and the provision of this Act shall prevail.

(2)Unless the contrary intention appears in any regulation or permission made, issued or granted under the Environment Protection Act 2017, the provisions of this Act do not apply to—

(a)the transport of reportable priority waste in accordance with a permission under the Environment Protection Act 2017; or

(b)the transport of waste undertaken in accordance with the requirements of any national environment protection measure made under the National Environment Protection Council (Victoria) Act 1995.

9Application of Act

This Act shall not apply to—

(a)a radiation source within the meaning of the Radiation Act 2005;

*                *                *                *                *

(c)the transport of dangerous goods by ships;

(ca)ship to ship transfers of dangerous goods;

(cb)the transport by boat of dangerous goods (not being explosives) carried as freight;

(d)the transport of dangerous goods by aircraft;

(e)the conveyance of dangerous goods through a pipeline to which the Pipelines Act 2005 applies or through a gathering line within the meaning of the Petroleum Act 1998;

(ea)the transmission, distribution or supply of gas to which the Gas Industry Act 2001 applies;

(eb)the conveyance of gas by pipeline to which the Gas Safety Act 1997 applies;

(ec)any culture or preparation of pathogenic micro-organisms or other material capable of causing disease in livestock or plants;

Note

The regulation of material capable of causing disease in livestock or plants is provided, respectively, in the Livestock Disease Control Act 1994 and the Plant Health and Plant Products Act 1995.

(ed)a genetically modified organism or GMO as defined in the Gene Technology Act 2001;

(f)any culture or preparation of pathogenic micro-organisms or other material capable of causing disease in human beings in respect of which regulations may be made under section 238(1)(q) of the Public Health and Wellbeing Act 2008.

9AGovernor in Council may exempt dangerous goods from this Act etc.

(1)The Governor in Council may by Order exempt specific dangerous goods from the operation of any or all of this Act.

(2)An Order takes effect on the date it is published in the Government Gazette or on any later date specified in the Order.

9BGovernor in Council may declare substance or article to be dangerous goods

(1)The Governor in Council may by Order declare any substance or article, or class of substance or article, to be dangerous goods for the purposes of this Act.

(1A)The Governor in Council may by Order declare any dangerous goods, or class of dangerous goods, to be high consequence dangerous goods for the purposes of this Act.

(1B)The Governor in Council may by Order declare needs for access to high consequence dangerous goods—

(a)that will be treated as lawful needs for the purposes of an HCDG licence;

(b)that will not be treated as lawful needs for the purposes of an HCDG licence.

(2)An Order takes effect on the date it is published in the Government Gazette or on any later date specified in the Order.

(3)The Governor in Council may only make an Order if the Minister recommends that the Order be made in the interests of public safety.

(4)If an Order is made under subsection (1), the Minister must attempt to have the substance or article referred to in the Order classified as dangerous goods in the ADG Code.

9CMinisterial order suspending or varying operation of regulations

(1)The Minister may, by an order published in the Government Gazette, order that the operation of any regulations under this Act relating to the transport of dangerous goods, other than explosives or HCDG, or the operation of specified parts of such regulations—

(a)is suspended for a specified period; or

(b)is varied in a manner specified in the order.

(2)An order may have effect in relation to the whole of Victoria or to a specified area.

(3)On or before the 6th sitting day after the order is published in the Government Gazette, the Minister must ensure that a copy of the order is laid before each House of the Parliament.

(4)A failure to comply with subsection (3) does not affect the operation or effect of the order but the Scrutiny of Acts and Regulations Committee of the Parliament may report the failure to each House of Parliament.

(5)An order may be disallowed in whole or in part by either House of Parliament.

(6)Part 5 of the Subordinate Legislation Act 1994 applies to an order as if—

(a)a reference in that Part to a "statutory rule" were a reference to the order; and

(b)a reference in section 23(1)(c) of that Part to "section 15(1)" were a reference to subsection (3).

10Adoption of ADG Code

(1)Without limiting the generality of section 52(3)(c), any regulation made under this Act may incorporate or adopt by reference the provisions of the Australian Code for the Transport of Dangerous Goods by Road and Rail (Seventh edition or subsequent edition) wholly or partially or as amended by the regulation.

(1A)A reference to a provision of the Australian Code for the Transport of Dangerous Goods by Road and Rail (Seventh edition or subsequent edition) is to be read as a reference to that provision as in force from time to time.

(1B)For the purposes of subsection (1A) and subject to subsection (1C), an amendment to a provision of the Australian Code for the Transport of Dangerous Goods by Road and Rail (Seventh edition or subsequent edition) is in force—

(a)from the date notice of the amendment is published in the Government Gazette by the Authority; or

(b)a later date determined by the Authority and specified in the notice.

(1C)If—

(a)the effect of the amendment is to impose a new obligation or to alter an existing obligation under the regulations; and

(b)the Authority has not determined a later date under subsection (1B)(b);

a person may choose to comply with the regulations as if the amendment had not been made until 6 months after the date the amendment is notified under subsection (1B).

(2)For the purposes of this Act, in any provision of the ADG Code a reference to the "competent authority" shall be construed as a reference to the Authority.

(3)Any reference in any Act, regulation, local law, subordinate instrument or other document to the "Transport Code" is as from the commencement of section 41 of the Transport Accident (Amendment) Act 2000 to be construed as a reference to the "ADG Code", unless the context otherwise requires.

10AReview of decisions by Tribunal

(1)An application may be made to the Tribunal for review of an administrative decision made by the Authority, or by a delegate of the Authority, under this Act.

(2)An application under subsection (1) may be made only by a person whose interests are directly affected by the decision.

(2A)Subsection (1) does not apply to any reviewable decision.

Note

A reviewable decision has the meaning given by section 20—see section 3(1). Reviewable decisions are excluded from subsection (1) because they are dealt with by Part IIA. Essentially, a wider range of people may apply for the review of a reviewable decision and there is a process of internal review available in respect of those decisions.

(3)Subsection (1) does not apply to decisions under Part III.

(4)An application for review must be made within 28 days after the later of—

(a)the day on which the decision is made;

(b)if, under the Victorian Civil and Administrative Tribunal Act 1998, the applicant requests a statement of reasons for the decision, the day on which the statement of reasons is given to the applicant or the applicant is informed under section 46(5) of that Act that a statement of reasons will not be given.

10BDelegations

(1)The Authority may, by instrument in writing, delegate to an inspector all or any of its powers or functions under this Act (except this power of delegation).

(2)The Authority may, by instrument in writing, delegate to an authorised person all or any of its powers or functions under this Act (except this power of delegation)—

(a)to the extent that they relate to the manufacture, supply, sale, transfer, transport, storage, handling, use or disposal of dangerous goods; and

(b)only with respect to activities that are carried out under the Mineral Resources (Sustainable Development) Act 1990, the Petroleum Act 1998, the Mines (Aluminium Agreement) Act 1961 and the Extractive Industries (Lysterfield) Act 1986 and that relate to a mine, quarry or petroleum site.

(3)In subsection (2), authorised person means—

(a)a person—

(i)who is employed in the Department of Primary Industries under the Public Administration Act 2004; and

(ii)who, in the opinion of the Authority, has sufficient knowledge and experience to competently exercise or perform the relevant power or function; or

(b)the Chief Inspector under the Mineral Resources (Sustainable Development) Act 1990.

(4)Despite subsection (2), the only person to whom the Authority may delegate its power to appoint inspectors in relation to the matters to which paragraphs (a) and (b) of that subsection apply is the Secretary to the Department of Primary Industries.

(5)The Authority may, by instrument in writing, delegate all or any of the powers or functions of an inspector—

(a)to any employee in the Department of Transport and Planning; or

(b)to any police officer or officer or member of a fire authority (not being a volunteer fire brigade under the Fire Rescue Victoria Act 1958 or a volunteer brigade under the Country Fire Authority Act 1958); or

(c)to any office holder, officer or employee of a municipal council—

if it is satisfied that that person is capable of exercising the powers or performing the functions to be delegated.

(6)An instrument of delegation made under this section must specify when, where and in what circumstances the delegation may be exercised.

Note

Section 42A(1)(b) of the Interpretation of Legislation Act 1984 provides that a person delegating a power or function may specify conditions or limitations on the exercise of the power or function by the delegate.

10CProvision of information to corresponding Authority

Subject to the Privacy and Data Protection Act 2014, the Authority may provide information to a corresponding Authority about—

(a)any action taken by the Authority under this Act; or

(b)any information obtained under this Act, including any information contained in any records, devices or other things inspected or seized under this Act.

10DRestrictions on disclosure of information

(1)This section applies to a person who is or has been—

(a)a member of the Authority's Board of Management; or

(b)appointed for the purpose of this Act by the Authority; or

(c)engaged as a member of the Authority's staff; or

(d)authorised to perform a function or exercise a power of, or on behalf of, the Authority.

(2)Subject to section 10E, a person to whom this section applies must not, except to the extent necessary to perform official duties or to perform a function or exercise a power of, or on behalf of, the Authority—

(a)directly or indirectly make a record of or disclose to any other person any information acquired by the person by virtue of being a person to whom this section applies; or

(b)make use of any such information for any purpose other than—

(i)the performance of official duties; or

(ii)the performance of a function or exercise of a power of, or on behalf of, the Authority.

Penalty:100 penalty units.

10ECircumstances in which information may be disclosed

(1)Nothing in section 10D precludes a person from doing any of the following—

(a)producing a document to a court in the course of criminal proceedings;

(b)producing a document to a court or the Tribunal in the course of proceedings under this Act;

(c)disclosing to a court in the course of criminal proceedings, or to a court or the Tribunal in the course of proceedings under this Act, any matter or thing arising under this Act or coming to the notice of the person—

(i)in the performance of official duties; or

(ii)in the performance of a function or exercise of a power of, or on behalf of, the Authority;

(d)producing a document or disclosing information with respect to a matter or thing arising under this Act to any of the following—

(i)the Secretary to the Department of Treasury and Finance;

(ii)a corresponding Authority;

(iii)an authority, department or public body, within the meaning of the Financial Management Act 1994, that has functions in relation to particular matters relating to occupational health and safety or dangerous goods arising under this or another Act;

(iv)a committee of the Parliament;

(v)a person or body approved (in writing) by the Governor in Council for the purposes of this section;

(e)producing a document or disclosing information that is required or permitted by or under this or another Act to be produced or disclosed (as the case may be).

(2)The Minister must cause a report of requests for the approval of persons or bodies by the Governor in Council under subsection (1)(d)(v) to be laid before each House of the Parliament within 14 sitting days of that House after 30 June in each year.

(3)The report must include the following matters in respect of each request—

(a)the name of the person sought to be approved;

(b)the reason for the request;

(c)the date of the request;

(d)whether the request was approved or refused.

PART II—INSPECTORS AND ENFORCEMENT

Division 1—Appointment of inspectors

11Appointment of inspectors[1]

(1)The Authority may, by instrument in writing, appoint an officer or employee of the Authority to be an inspector for the purposes of this Act.

(2)The Authority may also, by instrument in writing, appoint any person who is employed in the Department of Primary Industries under the Public Administration Act 2004 to be an inspector for the purposes of one or more matters relating to the manufacture, supply, sale, transfer, transport, storage, handling, use or disposal of dangerous goods with respect to activities—

(a)that are carried out under the Mineral Resources (Sustainable Development) Act 1990, the Petroleum Act 1998, the Mines (Aluminium Agreement) Act 1961 and the Extractive Industries (Lysterfield) Act 1986; and

(b)that relate to a mine, quarry or petroleum site.

(3)The Authority must give each person who is appointed as an inspector a certificate of appointment signed by—

(a)the chief executive of the Authority appointed under section 498 of the Workplace Injury Rehabilitation and Compensation Act 2013; or

(b)in the case of an appointment made by the Secretary to the Department of Primary Industries as a delegate, by that Secretary.

(4)The appointment of a person as an inspector for the purposes of this Act and either or both of the following Acts may be made by a single instrument—

(a)the Occupational Health and Safety Act 2004;

(b)the Equipment (Public Safety) Act 1994.

(5)A certificate of appointment given to a person in accordance with subsection (3) is conclusive proof of the valid appointment of the person as an inspector under this section.

11ALimitations on powers of particular inspectors

The appointment of a person as an inspector may be made subject to conditions, limitations or restrictions as to—

(a)the powers exercisable by that person; and

(b)when, where and in what circumstances that person may exercise those powers.

11BIdentity cards

(1)The Authority must issue an identity card to each inspector containing a photograph of the inspector and his or her signature.

(2)An inspector must produce his or her identity card for inspection if asked to do so when performing a function or exercising a power under this Act.

(3)If a person to whom an identity card has been issued ceases to be an inspector, the person must return the identity card to the Authority as soon as is practicable.

Division 2—Performance of functions or exercise of powers

12Inspectors subject to Authority's directions

(1)An inspector is subject to the Authority's directions in the performance of his or her functions or in the exercise of his or her powers under this Act.

(2)A direction under subsection (1) may be of a general nature or may relate to a specified matter or to a specified class of matter.

12AAuthority has the powers etc. of an inspector

The Authority has all the functions and powers that an inspector has under this Act.

Division 3—Powers relating to entry and to inspection of vehicles

Subdivision 1—General powers

13Power to enter places

(1)At any reasonable time (whether it is day or night), an inspector may enter a place at or in which the inspector reasonably believes there is or are—

(a)dangerous goods; or

(b)any container, equipment, fittings, piping, appliance or other thing that is being, has been, or is likely to be, used—

(i)for, or in connection with, the manufacture, supply, transfer, storage, transport, sale or use of dangerous goods; or

(ii)for the import into Victoria of explosives.

Notes

1Place is defined in section 3 as including a vehicle, ship or boat.

2The powers conferred by this section are limited in respect of a part of a place that is used only for residential purposes (see section 16).

(2)Without limiting subsection (1), it is a reasonable time to enter a place if the inspector reasonably believes that there is an immediate risk to the health or safety of a person at the place as a result of the presence of dangerous goods, or of any thing described in subsection (1)(b), that the inspector reasonably believes to be at or in the place.

13APower to inspect vehicles

(1)An inspector may stop, detain, inspect, examine or move to some suitable place for inspection and examination any vehicle, ship or boat used, or that the inspector believes on reasonable grounds is being, or is likely to be, used for the transport of dangerous goods.

(2)For the purposes of this section—

(a)the inspector may require the owner of, or the person having the control or management of, the vehicle, ship or boat to move the vehicle, ship or boat to the suitable place; or

(b)the Authority may engage a suitably qualified person to move the vehicle, ship or boat to the suitable place, and may recover the cost of doing so from the owner of the vehicle, ship or boat.

(3)A requirement under subsection (2)(a) may be made—

(a)orally; or

(b)by notice in writing served on the owner of, or the person having the control or management of, the vehicle, ship or boat that specifies by when the vehicle, ship or boat must be taken to the suitable place.

(4)A person must not, without reasonable excuse, refuse or fail to comply with a requirement under subsection (2)(a).

Penalty:60 penalty units for a natural person;

300 penalty units for a body corporate.

Note

The powers conferred by this section are limited in respect of a part of a place that is used only for residential purposes (see section 16).

13BPowers incidental to entry etc.

(1)An inspector exercising a power under this Subdivision in relation to a place may do any of the following—

(a)inspect, examine and make enquiries at the place;

(b)inspect and examine any thing (including a document) at the place;

(c)bring any equipment or materials to the place that may be required;

(d)seize any thing (including a document) at the place that may afford evidence of the commission of an offence against this Act;

(e)seize any thing at the place for further examination or testing but only if the inspector reasonably believes that the examination or testing is reasonably necessary and cannot be reasonably conducted on site;

(f)take photographs or measurements or make sketches or recordings;

(g)exercise any other power conferred on the inspector by this Act;

(h)do any other thing that is reasonably necessary for the purpose of the inspector performing his or her functions or exercising his or her powers under this Act.

(2)The inspector may use any vehicle, ship or boat in which seized dangerous goods are present for the removal and detention of those goods, and the Authority must pay to the owner of the vehicle, ship or boat reasonable compensation for that use (unless the owner is found guilty of an offence under this Act in relation to those goods).

13CPower to require production of documents and answers to questions

(1)An inspector who enters a place under this Subdivision may do any or all of the following—

(a)require a person to produce a document or part of a document; and

(b)examine that document or part; and

(c)require a person at the place to answer any questions put by the inspector.

(2)A person must not, without reasonable excuse, refuse or fail to comply with a requirement under subsection (1).

Penalty:60 penalty units for a natural person;

300 penalty units for a body corporate.

(3)Before requiring a person to produce a document or part of a document or to answer questions under subsection (1), an inspector—

(a)must produce his or her identity card for inspection by the person and warn the person that a refusal or failure to comply with the requirement, without reasonable excuse, is an offence; and

(b)must inform the person that he or she may refuse or fail to answer any question if answering the question would tend to incriminate him or her.

(4)A person is not liable to be prosecuted for an offence against subsection (2) if the inspector concerned failed to comply with subsection (3).

(5)Despite section 7 of the Criminal Procedure Act 2009, a proceeding for an offence against this section must be commenced within 12 months after the date on which the Authority becomes aware that an offence has been committed.

Notes

1The powers conferred by this section are limited in respect of a part of a place that is used only for residential purposes (see section 16).

2This section does not affect legal professional privilege or client legal privilege (see section 19G) or, in the case of a requirement to answer questions, the privilege against self-incrimination (see section 19F).

13DPower to take samples

(1)An inspector who enters a place under this Subdivision may (without payment)—

(a)take samples of any thing at the place that may be required for analysis;

(b)require the occupier or master or person in charge or apparently in charge of the place to give the inspector samples of any thing at the place that may be required for analysis;

(c)require a person at the place who is in possession of any thing at the place to give the inspector samples of the thing to enable the thing to be analysed.

(2)A person must not, without reasonable excuse, refuse or fail to comply with a requirement under subsection (1)(b) or (1)(c).

Penalty:60 penalty units for a natural person;

300 penalty units for a body corporate.

(3)If an inspector intends to take a sample, he or she must notify the person who has the management or control of the place for the time being of that intention.

(4)Unless it is unsafe to do so, after taking or receiving a sample the inspector must—

(a)divide it into as many parts as are necessary, mark, and seal or fasten up, each part in a way that the nature of the sample allows; and

(b)if the person who must be notified under subsection (3) requires the inspector to give him or her a part, give one part to that person; and

(c)keep one part for future comparison.

(5)If it is determined that the sample is to be analysed, the inspector must submit another part to an analyst for that purpose.

Subdivision 2—Incident inquiries

13EInquiries concerning fires and explosions and events involving dangerous goods

If any of the following events occurs—

(a)any fire or explosion resulting in loss of life, personal injury or damage to property; or

(b)any leakage of dangerous goods; or

(c)any damage to any property or danger to the public involving dangerous goods—

an inspector may make any inquiry concerning the event that he or she considers necessary for the purposes of this Act, and for that purpose he or she may enter any place.

Note

The powers conferred by this section are limited in respect of a part of a place that is used only for residential purposes (see section 16).

Division 4—Procedure relating to entry

14Announcement on entry

(1)Immediately on entering a place under Division 3, an inspector must take all reasonable steps to notify the occupier or apparent occupier of the place of the entry, and to produce his or her identity card for inspection by that person.

(2)However, an inspector is not required to comply with subsection (1) if—

(a)to do so would defeat the purpose for which the place was entered, or would cause unreasonable delay; or

(b)the person is already aware that the inspector has entered the place, or was notified in advance of when the inspector would enter.

14AReport to be given about entry

(1)An inspector who enters a place under Division 3 must give a report concerning the entry when, or as soon as is practicable after, he or she leaves the place to the occupier or apparent occupier of the place.

(2)The report must be in writing and must include—

(a)the time of the entry and departure; and

(b)the purpose of the entry; and

(c)a description of the things done while at the place; and

(d)a summary of the inspector's observations while at the place; and

(e)the procedure for contacting the Authority and the inspector for further details of the entry; and

(f)the procedure for seeking a review of any decision made by the inspector during the entry.

(3)If the inspector takes photographs or makes sketches or other recordings under section 13B(1)(f), the report must also include a statement—

(a)that the photographs have been taken, or that the sketches or recordings have been made; and

(b)that they are, or will be, available for inspection at a specified place.

(4)The report may be given in a manner specified in section 17G(1) or (1AA).

(5)Section 8(1) and (2) of the Electronic Transactions (Victoria) Act 2000 do not apply to the giving of a report by electronic communication in a manner specified in section 17G(1) or (1AA).

Division 5—Search warrants

15Issue of search warrants

(1)An inspector may apply to a magistrate for the issue of a search warrant in relation to a particular place if the inspector believes on reasonable grounds that there is, or may be within the next 72 hours, a particular thing (including a document) at the place that may afford evidence of the commission of an offence against this Act.

(2)A magistrate may issue the search warrant if

he or she is satisfied by evidence on oath or by affirmation, whether oral or by affidavit, that there are reasonable grounds for suspecting that there is, or may be within 72 hours, a particular thing (including a document) at the place that may afford evidence of the commission of an offence against this Act.

(3)The search warrant may authorise a named inspector and any assistants the inspector considers necessary—

(a)to enter the place or part of the place named or described in the warrant; and

(b)to search for the thing named or described in the warrant.

(4)In addition to any other requirement, the search warrant must state—

(a)the offence suspected; and

(b)the place to be searched; and

(c)a description of the thing for which the search is to be made; and

(d)any conditions to which the warrant is subject; and

(e)whether entry is authorised to be made at any time, or during specified hours; and

(f)that the warrant authorises entry on only one occasion; and

(g)a day, not later than 7 days after the day the warrant is issued, on which it ceases to have effect.

(5)A search warrant must be issued in accordance with the Magistrates' Court Act 1989 and in the form prescribed under that Act.

(6)The rules that apply to search warrants mentioned in the Magistrates' Court Act 1989 extend and apply to search warrants under this section.

15AAnnouncement before entry on warrant

(1)Before executing a search warrant, the inspector named in the warrant or an assistant to the inspector must—

(a)announce that he or she is authorised by the warrant to enter the place; and

(b)give any person at the place an opportunity to allow that entry.

(2)However, the inspector or an assistant to the inspector need not comply with subsection (1) if he or she believes, on reasonable grounds, that immediate entry to the place is needed to ensure—

(a)the safety of any person; or

(b)that the effective execution of the warrant is not frustrated.

15BCopy of warrant to be given to the occupier of the place to be searched

If an occupier or apparent occupier is present at a place when a search warrant is being executed, the inspector must—

(a)identify himself or herself to that person by producing his or her identity card for inspection; and

(b)give that person a copy of the execution copy of the warrant.

Division 6—Limitation on entry powers

16Places used for residential purposes

(1)Despite anything else in this Part, the powers of an inspector under this Part in relation to entering a place are not exercisable in respect of any part of a place that is used only for residential purposes except—

(a)with the consent of the occupier for the time being of the place; or

(b)under the authority conferred by a search warrant.

(2)For the purposes of subsection (1), any common property in a subdivision of land is not a place used only for residential purposes.

Examples:

Examples of common property include a storeroom associated with a swimming pool at an apartment building (at which, for instance, chlorine might be stored); a cleaner's cupboard under the stairs of a block of flats; and a room containing heating or cooling equipment for an apartment building.

(3)For the purposes of subsection (1), a place is not being used for residential purposes merely because temporary or casual sleeping or other accommodation is provided in the place for vehicle drivers.

Example

The sleeping area in the rear of a truck's cabin is not a place being used for residential purposes.

Division 7—Return and forfeiture of seized things

16AReturn of seized things

(1)As soon as possible after an inspector seizes any thing (including a document) under this Part, the Authority must return the thing to the owner unless—

(a)the Authority considers it necessary to retain the thing because it may afford evidence in proceedings, that have been or that may be commenced, for an offence against this Act; or

(b)the thing is forfeited to the Authority under this Act; or

(ba)the thing is a copy made under section 19C of a document or part of a document; or

(c)the Authority is otherwise authorised (by a law or court order) to retain, destroy or dispose of the thing.

(2)The thing may be returned either unconditionally or on any terms and conditions that the Authority considers appropriate to eliminate or reduce any risks to the safety of any person or of damage to property arising from, or in relation to, the thing.

(3)If the Authority imposes terms or conditions on the return of a thing, the owner must comply with each of those terms and conditions.

Penalty:60 penalty units for a natural person;

300 penalty units for a body corporate.

(4)To avoid doubt, the Authority may destroy or dispose of a thing without giving notice to any person of the destruction or disposal if—

(a)the thing is forfeited to the Authority under section 16B; or

(b)the thing is a copy made under section 19C of a document or part

of a document; or

(c)the Authority is otherwise authorised (by a law or court order) to destroy or dispose of the thing without giving notice to any person.

16BForfeiture of seized things

(1)Any thing (including a document), other than high consequence dangerous goods or explosives or containers used for or in connection with high consequence dangerous goods or explosives, that an inspector has seized and retained under this Part is forfeited to the Authority if the Authority—

(a)cannot find its owner despite making reasonable enquiries; or

(b)cannot return it to the owner despite making reasonable efforts; or

(c)considers it necessary to retain the thing to prevent the commission of an offence against this Act.

Note

The forfeiture of high consequence dangerous goods or explosives or containers used for or in connection with high consequence dangerous goods or explosives is dealt with in sections 47A to 47D.

(2)If a thing is forfeited to the Authority under subsection (1)(c), the Authority must notify (in writing) the owner accordingly, setting out how the owner may seek a review of the decision to forfeit the thing, unless the Authority cannot find the owner despite making reasonable enquiries.

*                *                *                *                *

Division 8—Powers to issue directions and notices

17AProvisional directions

(1)The Authority may, by instrument in writing, confer on any delegate under section 10B(5) power to issue provisional directions under this section.

(2)Any delegate so empowered if of the opinion that any person—

(a)is contravening this Act; or

(b)has contravened this Act in circumstances that make it likely that the contravention will continue or be repeated—

may issue to the person a provisional direction in writing requiring the person to remedy the contravention or likely contravention or the matters or activities occasioning it.

(3)A provisional direction must—

(a)state the delegate's opinion and reasons for the opinion; and

(b)specify the contravention; and

(c)specify the day (being a day more than seven days after the direction is issued) before which the contravention or likely contravention or the matters or activities occasioning it must be remedied; and

(d)state that within seven days after the direction is issued the person may refer it to an inspector.

(4)A person to whom a provisional direction is issued may, within seven days after the direction is issued, refer it to an inspector for confirmation or cancellation.

(5)An inspector may—

(a)confirm a provisional direction, with or without modifications; or

(b)cancel it.

(6)A person—

(a)to whom a provisional direction is issued which is not referred to an inspector; and

(b)who fails to comply with the direction—

is guilty of an offence.

(7)A provisional direction confirmed by an inspector shall be deemed to be an improvement notice issued under section 17C.

(8)A person to whom a provisional direction is issued that is confirmed by an inspector need not comply with the direction within the first 7 days after the direction is confirmed.

17BPower to issue non-disturbance notice

(1)An inspector who has entered a place under this Part may issue a non-disturbance notice to the occupier or apparent occupier of the place requiring that person—

(a)to stop the use or movement of, or interference with, any specified thing at the place; and

(b)to prevent the disturbance of the thing or a specified area of the place where the thing is located—

if the inspector reasonably believes that it is necessary to do so to facilitate the performance of his or her functions or the exercise of his or her powers under this Act in relation to the place or any thing at the place.

(2)A non-disturbance notice must specify the period (of no more than 7 days) for which it applies and set out—

(a)the obligations of the person to whom it is issued; and

(b)the penalty for contravening the notice; and

(c)how the person may seek a review of the issue of the notice; and

(d)a statement of the effect of section 17I (proceedings for offences not affected by notices).

(3)If an inspector considers it necessary to do so, he or she may issue one or more subsequent non‑disturbance notices to an occupier or apparent occupier, whether before or after the expiry of the previous notice, each of which must comply with subsection (2).

(4)A person who, without reasonable excuse, fails to comply with a non-disturbance notice issued to the person is guilty of an indictable offence and is liable to a fine not exceeding—

(a)in the case of a natural person, 500 penalty units; or

(b)in the case of a body corporate, 2500 penalty units.

Note

However, the offence may be heard and determined summarily (see section 28 of the Criminal Procedure Act 2009).

17CPower to issue improvement notice

(1)If an inspector reasonably believes that a person—

(a)is contravening a provision of this Act; or

(b)has contravened such a provision in circumstances that make it likely that the contravention will continue or be repeated—

the inspector may issue to the person an improvement notice requiring the person to remedy the contravention or likely contravention, or the matters or activities causing the contravention or likely contravention.

(2)An improvement notice must—

(a)state the basis for the inspector's belief on which the issue of the notice is based; and

(b)specify the provision of this Act that the inspector considers has been, or is likely to be, contravened; and

(c)specify a date (with or without a time) by which the person is required to remedy the contravention or likely contravention, or the matters or activities causing the contravention or likely contravention, that the inspector considers is reasonable having regard to the severity of any relevant risks and the nature of the contravention or likely contravention; and

(d)set out the penalty for contravening the notice; and

(e)state how the person may seek a review of the issue of the notice; and

(f)include a statement of the effect of section 17I (proceedings for offences not affected by notices).

(3)An improvement notice may include directions concerning the measures to be taken to remedy the contravention or likely contravention, or the matters or activities causing the contravention or likely contravention, to which the notice relates and may, in particular, include—

(a)a direction that if the person has not remedied the contravention, likely contravention, matters or activities (as the case may be) by the date and time (if any) specified in the notice, an activity to which the notice relates is to cease until an inspector has certified in writing that the contravention, likely contravention, matters or activities have been remedied; and

(b)interim directions, or interim conditions on the carrying on of any activities to which the notice relates, that the inspector considers necessary to minimise risks to the safety of any person or of damage to any property.

(4)A person to whom an improvement notice is issued must comply with the notice.

Penalty:500 penalty units for a natural person;

2500 penalty units for a body corporate.

(5)An offence against subsection (4) is an indictable offence.

Note

However, the offence may be heard and determined summarily (see section 28 of the Criminal Procedure Act 2009).

(6)If an application for a review of a decision under this section has been made under Part IIA, an inspector must not give a certificate under subsection (3)(a) in relation to the improvement notice concerned until after the review ends.

17DPower to issue prohibition notice

(1)If an inspector reasonably believes that—

(a)an activity involving the manufacture, supply, transfer, storage, transport, sale or use of dangerous goods, or the import into Victoria of explosives, is occurring at a place that involves or will involve an immediate risk to the safety of any person or of damage to any property; or

(b)such an activity may occur at a place that, if it occurs, will involve an immediate risk to the safety of any person or of damage to any property—

the inspector may issue to a person who has, or appears to have, control over the activity a prohibition notice prohibiting the carrying on of the activity, or the carrying on of the activity in a specified way, until an inspector has certified in writing that the matters that give, or that will give, rise to the risk have been remedied.

(2)A prohibition notice must—

(a)state the basis for the inspector's belief on which the issue of the notice is based; and

(b)specify the activity which the inspector believes involves or will involve the risk and the matters which give, or will give, rise to the risk; and

(c)if the inspector believes that the activity involves a contravention, or likely contravention, of a provision of this Act, specify that provision and state the basis for that belief; and

(d)set out the penalty for contravening the notice; and

(e)state how the person may seek a review of the issue of the notice; and

(f)include a statement of the effect of section 17I (proceedings for offences not affected by notices).

(3)A prohibition notice may include directions on the measures to be taken to remedy the risk, activities or matters to which the notice relates, or the contravention, or likely contravention, mentioned in subsection (2)(c).

(4)A prohibition notice that prohibits the carrying on of an activity in a specified way may do so by specifying one or more of the following—

(a)a place, or part of a place, at which the activity is not to be carried out;

(b)any thing that is not to be used in connection with the activity;

(c)any procedure that is not to be followed in connection with the activity.

(5)A person to whom a prohibition notice is issued must comply with the notice.

Penalty:500 penalty units for a natural person;

2500 penalty units for a body corporate.

(6)An offence against subsection (5) is an indictable offence.

Note

However, the offence may be heard and determined summarily (see section 28 of the Criminal Procedure Act 2009).

(7)If an application for a review of a decision under this section has been made under Part IIA, an inspector must not give a certificate under subsection (1) in relation to the prohibition notice concerned until after the review ends.

17EDirections or conditions in notices

A direction or condition included in an improvement notice or prohibition notice may—

(a)refer to a code of practice; and

(b)offer the person to whom it is issued a choice of ways in which to remedy the contravention, likely contravention, matters or activities concerned.

17FVariation or cancellation of notices

A non-disturbance notice, improvement notice or prohibition notice issued by an inspector may only be varied or cancelled by the Authority.

Note

The Authority may vary or cancel such a notice in the same way that an inspector may make the notice (see section 41A of the Interpretation of Legislation Act 1984).

17GIssue etc. of directions and notices

(1)A provisional direction, non-disturbance notice, improvement notice or prohibition notice may be given or issued to a person—

(a)by delivering it personally to the person, or by sending it by post or facsimile to the person's usual or last known place of residence or business; or

(ab)if the person to whom a notice is to be given or issued is not a body corporate, by sending it by electronic communication to the person at the person's usual or last known electronic address; or

(ac)if the person is an employer registered under section 434 of the Workplace Injury Rehabilitation and Compensation Act 2013, by sending it by post or electronic communication to the last address for service shown on a communication from the employer to the Authority; or

(b)by leaving it for the person at the person's usual or last known place of residence or business with a person who is apparently over 16 years and who apparently resides or works there; or

(c)by leaving it for the person at the place to which the direction or notice relates with a person who is apparently over 16 years and who apparently is the occupier for the time being of the place.

(1AA)In addition to subsection (1), if the person to whom a notice is to be given or issued is a body corporate, the notice may be given or issued by—

(a)delivering it personally to the head office, registered office or principal place of business of the body corporate; or

(b)sending it by post to the head office, registered office or principal place of business of the body corporate; or

(c)sending it by electronic communication to an employee, agent or officer of the body corporate.

(1A)Subject to subsection (1B), this section is in addition to, and not in derogation from, the Interpretation of Legislation Act 1984, the Electronic Transactions (Victoria)
Act 2000 and sections 109X and 601CX of the Corporations Act.

(1B)Section 8(1) and (2) of the Electronic Transactions (Victoria) Act 2000 do not apply to the giving or issue of a notice by electronic communication under this section.

(2)If the person with whom a provisional direction, non-disturbance notice, improvement notice or prohibition notice is left is not the occupier of the place to which the direction or notice relates, he or she must give a copy of the direction or notice to the occupier of the place as soon as possible.

Penalty:5 penalty units for a natural person;

25 penalty units for a body corporate.

(3)The occupier of a place to which a provisional direction, non-disturbance notice, improvement notice or prohibition notice relates must, as soon as possible after receiving the direction or notice—

(a)bring the notice to the attention of each person who is affected by the notice (unless the person is aware of the notice); and

(b)prominently display a copy of the notice at or near the place, or part of the place, that is affected by the notice.

Penalty:5 penalty units for a natural person;

25 penalty units for a body corporate.

17HFormal irregularities or defects in notices

A provisional direction, non-disturbance notice, improvement notice or prohibition notice is not invalid merely because of—

(a)a formal defect or irregularity in the direction or notice, unless the defect or irregularity causes or is likely to cause substantial injustice; or

(b)a failure to use the correct name of the person to whom the direction is given, or the notice is issued, if the direction or notice sufficiently identifies the person and is issued to the person in accordance with section 17G.

17IProceedings for offences not affected by notices

The issue, variation or cancellation of a provisional direction, non‑disturbance notice, improvement notice or prohibition notice does not affect any proceedings for an offence against this Act in connection with any matter in respect of which the direction was given or the notice was issued.

17JInjunctions for non-compliance with notices

(1)The Authority may apply to the Supreme Court for an injunction—

(a)to compel a person to comply with a provisional direction, non‑disturbance notice, improvement notice or prohibition notice; or

(b)to restrain a person from contravening such a direction or notice.

(2)The Authority may do so whether or not proceedings have been instituted for an offence against this Act in connection with any matter in respect of which the direction was given or the notice was issued.

17KInspector may issue direction concerning damaged or spilled dangerous goods

(1)This section applies if an inspector believes on reasonable grounds that danger to any person or property exists, or may arise, from any dangerous goods—

(a)that are damaged or spilled; or

(b)that are in a container that is damaged; or

(c)that are in a container that is dislodged from a vehicle, ship or boat.

(2)An inspector may issue a direction to the owner, or the person in possession or control, or who last had possession or control, of the dangerous goods or container—

(a)to render harmless the dangerous goods or container; or

(b)to dispose of, or remove, the spilled dangerous goods and render harmless anything contaminated by them—

by safe means within the period of time specified in the direction.

(3)A person must not, without reasonable excuse, refuse or fail to comply with a direction issued under subsection (2).

Penalty:500 penalty units for a natural person;

2500 penalty units for a body corporate.

(4)If the inspector believes on reasonable grounds that there is an immediate danger to any person or property, the inspector may take any action that he or she considers necessary for—

(a)the destruction, rendering harmless, disposal or removal of the dangerous goods or container; or

(b)the destruction or rendering harmless of anything contaminated by the spilled dangerous goods.

(5)The inspector may also take any action described in subsection (4) if—

(a)the inspector has issued a direction under subsection (2) in relation to the dangerous goods or container, or any thing contaminated by the dangerous goods, and he or she believes on reasonable grounds that the person to whom the direction was issued—

(i)has failed to comply with the direction; or

(ii)is likely to use unsafe means to render harmless, dispose of or remove the dangerous goods, container or thing—

within the period of time specified in the direction; or

(b)the inspector believes on reasonable grounds that a direction under subsection (2)—

(i)cannot be served on the owner or any other person to whom the direction may be issued; or

(ii)cannot be served on the owner or such a person without a delay which may increase the danger to any person or property that exists or that may arise from the dangerous goods, container or thing; or

(c)the owner of the dangerous goods, container or thing authorises the inspector in writing to destroy, render harmless, dispose of or remove the dangerous goods, container or thing.

(6)If an inspector takes any action under subsection (4) or (5), the Authority may recover the costs of that action—

(a)if the dangerous goods, container or thing was or were present at a place other than a vehicle, ship or boat—from any occupier of the place; or

(b)if the dangerous goods, container or thing was or were present on a vehicle, ship or boat—from the owner of the vehicle, ship or boat.

Division 9—Other powers

18Power to require name and address

(1)An inspector may ask a person to state his or her name and address if the inspector reasonably believes that the person—

(a)may be able to assist in the investigation of an indictable offence under this Act that has been committed or is suspected of having been committed; or

(b)has committed or is about to commit an offence (whether indictable or summary) under this Act.

(2)The inspector must inform the person of the grounds for his or her belief in sufficient detail to allow the person to understand the nature of the offence or suspected offence.

(3)A person who, in response to being asked to state his or her name and address in accordance with this section—

(a)refuses or fails to do so; or

(b)states a name that is false in a material detail; or

(c)states an address other than the full and correct address of his or her ordinary place of residence or business—

is guilty of an offence and is liable to a fine not exceeding 5 penalty units.

(4)A person who is asked to state his or her name and address may ask the inspector to produce his or her identity card for inspection.

18APower to give directions

(1)An inspector may give a direction (either orally or in writing) to a person at a place if the inspector reasonably believes that it is necessary to do so because of an immediate risk to the safety of any person or of damage to any property arising out of the presence of dangerous goods or any related thing.

(2)A person must not, without reasonable excuse, refuse or fail to comply with a direction given to the person under subsection (1).

Penalty:500 penalty units for a natural person;

2500 penalty units for a body corporate.

(3)An offence against subsection (2) is an indictable offence.

Note

However, the offence may be heard and determined summarily (see section 28 of the Criminal Procedure Act 2009).

18BPowers extend to HCDG and explosives

Without limiting an inspector's powers in relation to dangerous goods generally, an inspector's powers under this Part extend and apply to, and in relation to, the import, export and disposal of high consequence dangerous goods and the export of explosives.

Division 10—Other matters

19People who must assist inspector

The following persons must not, without reasonable excuse, refuse or fail to provide such assistance as an inspector may reasonably require for the performance of his or her functions, or the exercise of his or her powers, under this Act—

(a)in relation to a building or land, an occupier or apparent occupier of the building or land;

(b)in relation to any other place, the person who has the management or control of the place for the time being.

Penalty:60 penalty units for a natural person;

300 penalty units for a body corporate.

19AOther assistance in exercising powers

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act. 
See section 36(3)(3D)(3E).

2   Table of Amendments

This publication incorporates amendments made to the Dangerous Goods Act 1985 by Acts and subordinate instruments.

Where a provision has expired, the provision has been omitted and an explanatory sidenote included.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Coal Mines (Amendment) Act 1987, No. 6/1987

Assent Date:	28.4.87
Commencement Date:	11.5.87: Government Gazette 6.5.87 p. 1004
CurrentState:	All of Act in operation

Gas and Fuel Corporation (Amendment) Act 1987, No. 24/1987

Assent Date:	12.5.87
Commencement Date:	22.6.88: Government Gazette 22.6.88 p. 1774
CurrentState:	All of Act in operation

Transport (Amendment) Act 1989, No. 44/1989

Assent Date:	6.6.89
Commencement Date:	S. 41(Sch. 2 items 8.1–8.3) on 1.7.89: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Dangerous Goods Act 1985

Dangerous Goods (Amendment) Act 1989, No. 48/1989

Assent Date:	14.6.89
Commencement Date:	28.6.89: Government Gazette 28.6.89 p. 1558
CurrentState:	All of Act in operation

Magistrates' Court (Consequential Amendments) Act 1989, No. 57/1989

Assent Date:	14.6.89
Commencement Date:	S. 4(1)(a)–(e)(2) on 1.9.89: Government Gazette 30.8.89 p. 2210; rest of Act on 1.9.90: Government Gazette 25.7.90 p. 2217
CurrentState:	All of Act in operation

Mineral Resources Development Act 1990, No. 92/1990

Assent Date:	18.12.90
Commencement Date:	S. 128(Sch. 1 items 5.1, 5.2) on 6.11.91: Government Gazette 30.10.91 p. 2970
CurrentState:	This information relates only to the provision/s amending the Dangerous Goods Act 1985

Accident Compensation (Further Amendment) Act 1992, No. 37/1992

Assent Date:	16.6.92
Commencement Date:	16.6.92
CurrentState:	All of Act in operation

Gas Industry Act 1994, No. 112/1994

Assent Date:	20.12.94
Commencement Date:	S. 114(Sch. 5 item 2) on 21.12.94: Special Gazette (No. 100) 20.12.94 p. 1
CurrentState:	This information relates only to the provision/s amending the Dangerous Goods Act 1985

Gas and Fuel Corporation (Repeal) Act 1995, No. 31/1995

Assent Date:	6.6.95
Commencement Date:	S. 52(Sch. 1 item 3) on 21.6.95: Special Gazette (No. 49) 14.6.95 p. 1
CurrentState:	This information relates only to the provision/s amending the Dangerous Goods Act 1985

Extractive Industries Development Act 1995, No. 67/1995

Assent Date:	17.10.95
Commencement Date:	Pt 1 (ss 1–7), s. 60(1)(2) on 17.10.95: s. 2(1); rest of Act on 1.6.96: Special Gazette (No. 60) 31.5.96
CurrentState:	All of Act in operation

Dangerous Goods (Amendment) Act 1995, No. 78/1995

Assent Date:	28.11.95
Commencement Date:	All of Act (except s. 3) on 28.11.95: s. 2(1); s. 3 on 15.4.96: s. 2(3)
CurrentState:	All of Act in operation

Port Services Act 1995, No. 82/1995

Assent Date:	28.11.95
Commencement Date:	Ss 190–193 on 1.3.96: Special Gazette (No. 14) 27.2.96 p. 1
CurrentState:	This information relates only to the provision/s amending the Dangerous Goods Act 1985

Accident Compensation (Occupational Health and Safety) Act 1996, No. 13/1996[2]

Assent Date:	28.6.96
Commencement Date:	Ss 1, 2, 9 on 28.6.96: s. 2(1); rest of Act on 2.7.96: Special Gazette (No. 75) 2.7.96 p. 1
CurrentState:	All of Act in operation

Legal Practice Act 1996, No. 35/1996

Assent Date:	6.11.96
Commencement Date:	S. 453(Sch. 1 item 22) on 1.1.97: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Dangerous Goods Act 1985

Gas Safety Act 1997, No. 99/1997

Assent Date:	16.12.97
Commencement Date:	S. 120 on 1.2.99: Government Gazette 21.1.99 p. 80
CurrentState:	This information relates only to the provision/s amending the Dangerous Goods Act 1985

Accident Compensation (Miscellaneous Amendment) Act 1997, No. 107/1997

Assent Date:	23.12.97
Commencement Date:	S. 69 on 1.7.98: s. 2(7)
CurrentState:	This information relates only to the provision/s amending the Dangerous Goods Act 1985

Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998

Assent Date:	26.5.98
Commencement Date:	S. 7(Sch. 1) on 1.7.98: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Dangerous Goods Act 1985

Tribunals and Licensing Authorities (Miscellaneous Amendments) Act 1998, No. 52/1998

Assent Date:	2.6.98
Commencement Date:	S. 311(Sch. 1 items 20.1–20.11) on 1.7.98: Government Gazette 18.6.98 p. 1512
CurrentState:	This information relates only to the provision/s amending the Dangerous Goods Act 1985

Petroleum Act 1998, No. 96/1998

Assent Date:	24.11.98
Commencement Date:	S. 257(2) on 1.12.99: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Dangerous Goods Act 1985

Accident Compensation (Common Law and Benefits) Act 2000, No. 26/2000

Assent Date:	30.5.00
Commencement Date:	S. 30 on 30.6.00: Special Gazette (No. 92) 27.6.00 p. 1
CurrentState:	This information relates only to the provision/s amending the Dangerous Goods Act 1985

Statute Law Revision Act 2000, No. 74/2000

Assent Date:	21.11.00
Commencement Date:	S. 3(Sch. 1 item 34) on 22.11.00: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Dangerous Goods Act 1985

Transport Accident (Amendment) Act 2000, No. 84/2000

Assent Date:	28.11.00
Commencement Date:	S. 41 on 7.12.00: Government Gazette 7.12.00 p. 2865
CurrentState:	This information relates only to the provision/s amending the Dangerous Goods Act 1985

Gas Industry Acts (Amendment) Act 2000, No. 91/2000

Assent Date:	5.12.00
Commencement Date:	S. 39 on 12.4.01: Government Gazette 12.4.01 p. 643
CurrentState:	This information relates only to the provision/s amending the Dangerous Goods Act 1985

Gas Industry Legislation (Miscellaneous Amendments) Act 2001, No. 32/2001

Assent Date:	19.6.01
Commencement Date:	S. 27 on 1.9.01: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Dangerous Goods Act 1985

Corporations (Consequential Amendments) Act 2001, No. 44/2001

Assent Date:	27.6.01
Commencement Date:	S. 3(Sch. item 29) on 15.7.01: s. 2
CurrentState:	This information relates only to the provision/s amending the Dangerous Goods Act 1985

Accident Compensation (Amendment) Act 2001, No. 82/2001

Assent Date:	11.12.01
Commencement Date:	Ss 32, 33 on 12.12.01: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Dangerous Goods Act 1985

Dangerous Goods Legislation (Amendment) Act 2004, No. 67/2004

Assent Date:	19.10.04
Commencement Date:	Ss 3–6, 8–15 on 19.10.04: s. 2(1); s. 7 on 1.10.05: Government Gazette 4.8.05 p. 1696
CurrentState:	This information relates only to the provision/s amending the Dangerous Goods Act 1985

Public Administration Act 2004, No. 108/2004

Assent Date:	21.12.04
Commencement Date:	S. 117(1)(Sch. 3 item 53) on 5.4.05: Government Gazette 31.3.05 p. 602
CurrentState:	This information relates only to the provision/s amending the Dangerous Goods Act 1985

Legal Profession (Consequential Amendments) Act 2005, No. 18/2005

Assent Date:	24.5.05
Commencement Date:	S. 18(Sch. 1 item 32) on 12.12.05: Government Gazette 1.12.05 p. 2781
CurrentState:	This information relates only to the provision/s amending the Dangerous Goods Act 1985

Dangerous Goods and Equipment (Public Safety) Acts (Amendment) Act 2005, No. 31/2005

Assent Date:	21.6.05
Commencement Date:	Ss 3–23 on 1.7.05: s. 2
CurrentState:	This information relates only to the provision/s amending the Dangerous Goods Act 1985

Pipelines Act 2005, No. 61/2005

Assent Date:	20.9.05
Commencement Date:	S. 216 on 1.4.07: Government Gazette 29.3.07 p. 532
CurrentState:	This information relates only to the provision/s amending the Dangerous Goods Act 1985

Radiation Act 2005, No. 62/2005

Assent Date:	20.9.05
Commencement Date:	S. 141 on 1.9.07: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Dangerous Goods Act 1985

Infringements (Consequential and Other Amendments) Act 2006, No. 32/2006

Assent Date:	13.6.06
Commencement Date:	S. 94(Sch. item 9) on 1.7.06: Government Gazette 29.6.06 p. 1315
CurrentState:	This information relates only to the provision/s amending the Dangerous Goods Act 1985

Mineral Resources Development (Sustainable Development) Act 2006, No. 63/2006

Assent Date:	29.8.06
Commencement Date:	S. 61(Sch. item 8) on 30.8.06: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Dangerous Goods Act 1985

Public Health and Wellbeing Act 2008, No. 46/2008

Assent Date:	2.9.08
Commencement Date:	S. 274 on 1.1.10: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Dangerous Goods Act 1985

Dangerous Goods Amendment (Transport) Act 2008, No. 66/2008

Assent Date:	18.11.08
Commencement Date:	Ss 4–28 on 1.1.09: Government Gazette 18.12.08 p. 2998
CurrentState:	This information relates only to the provision/s amending the Dangerous Goods Act 1985

Resources Industry Legislation Amendment Act 2009, No. 6/2009

Assent Date:	3.3.09
Commencement Date:	S. 49 on 1.1.10: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Dangerous Goods Act 1985

Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009

Assent Date:	24.11.09
Commencement Date:	S. 97(Sch. item 44) on 1.1.10: Government Gazette 10.12.09 p. 3215
CurrentState:	This information relates only to the provision/s amending the Dangerous Goods Act 1985

Statute Law Amendment (Evidence Consequential Provisions) Act 2009, No. 69/2009

Assent Date:	24.11.09
Commencement Date:	S. 54(Sch. Pt 1 item 15) on 1.1.10: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Dangerous Goods Act 1985

Offshore Petroleum and Greenhouse Gas Storage Act 2010, No. 10/2010

Assent Date:	23.3.10
Commencement Date:	S. 800(Sch. 6 item 3) on 1.1.12: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Dangerous Goods Act 1985

Workplace Injury Rehabilitation and Compensation Act 2013, No. 67/2013

Assent Date:	12.11.13
Commencement Date:	S. 649(Sch. 9 item 11) on 1.7.14: s. 2(1)
Current State:	This information relates only to the provision/s amending the Dangerous Goods Act 1985

Legal Profession Uniform Law Application Act 2014, No. 17/2014

Assent Date:	25.3.14
Commencement Date:	S. 160(Sch. 2 item 32) on 1.7.15: Special Gazette (No. 151) 16.6.15 p. 1
Current State:	This information relates only to the provision/s amending the Dangerous Goods Act 1985

Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014

Assent Date:	3.6.14
Commencement Date:	S. 10(Sch. item 44) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2
Current State:	This information relates only to the provision/s amending the Dangerous Goods Act 1985

Privacy and Data Protection Act 2014, No. 60/2014

Assent Date:	2.9.14
Commencement Date:	S. 140(Sch. 3 item 11) on 17.9.14: Special Gazette (No. 317) 16.9.14 p. 1
Current State:	This information relates only to the provision/s amending the Dangerous Goods Act 1985

Statute Law Revision Act 2015, No. 21/2015

Assent Date:	16.6.15
Commencement Date:	S. 3(Sch. 1 item 16) on 1.7.14: s. 2(2)(b)
Current State:	This information relates only to the provision/s amending the Dangerous Goods Act 1985

Road Legislation Amendment Act 2016, No. 5/2016

Assent Date:	16.2.16
Commencement Date:	S. 12 on 15.4.16: Special Gazette (No. 92) 12.4.16 p. 1
Current State:	This information relates only to the provision/s amending the Dangerous Goods Act 1985

WorkSafe Legislation Amendment Act 2017, No. 48/2017

Assent Date:	26.9.17
Commencement Date:	Ss 7, 8 on 27.9.17: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Dangerous Goods Act 1985

Oaths and Affirmations Act 2018, No. 6/2018

Assent Date:	27.2.18
Commencement Date:	S. 68(Sch. 2 item 39) on 1.3.19: s. 2(2)
Current State:	This information relates only to the provision/s amending the Dangerous Goods Act 1985

Environment Protection Amendment Act 2018, No. 39/2018 (as amended by No. 11/2020)

Assent Date:	28.8.18
Commencement Date:	S. 36 on 1.7.21: Special Gazette (No. 124) 16.3.21 p. 1
Current State:	This information relates only to the provision/s amending the Dangerous Goods Act 1985

Treasury and Finance Legislation Amendment Act 2018, No. 49/2018

Assent Date:	25.9.18
Commencement Date:	Ss 23–27 on 26.9.18: s. 2
Current State:	This information relates only to the provision/s amending the Dangerous Goods Act 1985

Firefighters' Presumptive Rights Compensation and Fire Services Legislation Amendment (Reform) Act 2019, No. 20/2019

Assent Date:	2.7.19
Commencement Date:	Ss 159–161 on 1.7.20: Special Gazette (No. 328) 30.6.20 p. 1
Current State:	This information relates only to the provision/s amending the Dangerous Goods Act 1985

Dangerous Goods Amendment (Penalty Reform) Act 2019, No. 38/2019

Assent Date:	6.11.19
Commencement Date:	7.11.19: s. 2
Current State:	All of Act in operation

Transport Legislation Amendment Act 2019, No. 49/2019

Assent Date:	3.12.19
Commencement Date:	S. 186(Sch. 4 item 10) on 1.1.20: Special Gazette (No. 514) 10.12.19 p. 1
CurrentState:	This information relates only to the provision/s amending the Dangerous Goods Act 1985

Local Government Act 2020, No. 9/2020

Assent Date:	24.3.20
Commencement Date:	S. 390(Sch. 1 item 22) on 6.4.20: Special Gazette (No. 150) 24.3.20 p. 1
Current State:	This information relates only to the provision/s amending the Dangerous Goods Act 1985

Occupational Health and Safety and Other Legislation Amendment Act 2021, No. 36/2021

Assent Date:	21.9.21
Commencement Date:	Ss 9, 10, 20−23, 33 on 22.9.21: s. 2(1); s. 11 on 22.9.22: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Dangerous Goods Act 1985

Workplace Safety Legislation and Other Matters Amendment Act 2022, No. 10/2022

Assent Date:	16.3.22
Commencement Date:	Ss 15–17 on 17.3.22: s. 2(2)
Current State:	This information relates only to the provision/s amending the Dangerous Goods Act 1985

Roads and Ports Legislation Amendment (Road Safety and Other Matters) Act 2025, No. 25/2025

Assent Date:	5.8.25
Commencement Date:	S. 106(Sch. 1 item 10) on 6.8.25: s. 2(1)
Current State:	This information relates only to the provision/s amending the Dangerous Goods Act 1985

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

3   Explanatory details

[1] S. 11: Section 9(3)(4) of the Accident Compensation (Further Amendment) Act 1992, No. 37/1992 reads as follows:

9Amendment of Dangerous Goods Act 1985

(3)The appointment or purported appointment of a person as an inspector of dangerous goods under section 11 of the Dangerous Goods Act 1985, as in force immediately before the commencement of this section, is to be taken always to have been valid and anything done by such a person as an inspector under that Act before that commencement is not invalid by reason only of a doubt arising as to the validity of the person's appointment as an inspector.

(4)On and from the commencement of this section—

(a)all inspectors holding office or purporting to hold office under section 11 of the Dangerous Goods Act 1985 immediately before that commencement are to be taken to be inspectors appointed under section 11 of that Act as amended by this section; and

(b)a notice of appointment published under section 11(2) of the Dangerous Goods Act 1985 before that commencement in respect the appointment of an inspector referred to in paragraph (a) is to be taken to be a certificate of appointment of that inspector furnished under section 11(2) of that Act as amended by this section.

[2] Table of Amendments (Accident Compensation (Occupational Health and Safety) Act 1996): Division 2 of Part 3 (sections 24–32) of the Accident Compensation (Occupational Health and Safety) Act 1996, No. 13/1996 reads as follows:

Division 2—Transitional Provisions

24Definitions

In this Division—

Director-General has the same meaning as it has in the Principal Act as in force at any time before the commencement of Division 1 of this Part, having regard to any Order made under the Administrative Arrangements Act 1983 but does not include the relevant Director-General within the meaning of section 61 of the Principal Act;

former inspector means an inspector appointed under section 11 of the Principal Act as in force immediately before the commencement of Division 1 of this Part but does not include an inspector appointed by the relevant Minister within the meaning of section 61 of the Principal Act;

Minister does not include the relevant Minister within the meaning of section 61 of the Principal Act.

25Interpretation of Legislation Act 1984 not affected

Nothing in this Division affects or takes away from the Interpretation of Legislation Act 1984.

26Superseded references to Minister and Director-General

(1)On the commencement of this section, a reference in the regulations made under the Principal Act or any instrument or other document made, issued, served or given under the Principal Act or the regulations made under that Act—

(a)to the Minister is deemed to be a reference to the Authority; and

(b)to the Director-General is deemed to be a reference to the Authority.

(2)Subsection (1) does not apply to—

(a)any guidelines issued by the Minister under section 40(2) of the Principal Act; or

(b)any code of practice approved by the Minister or notice caused to be published by the Minister under section 56 of the Principal Act.

27Proceedings in relation to Minister and Director-General

(1)On the commencement of this section, the Authority is substituted for the Minister or the Director-General as a party in any proceedings commenced or made by or against or in relation to the Minister or the Director-General under the Principal Act or the regulations made under that Act and existing immediately before that commencement.

(2)On the commencement of this section, any application made or notification given to the Director-General under the Principal Act or the regulations made under that Act before that commencement is deemed to be an application made or notification given to the Authority.

(3)On and after the commencement of this section, the Authority may continue and complete any other continuing matter or thing commenced by or against or in relation to the Director-General under the Principal Act or the regulations made under that Act and existing immediately before that commencement.

28Documents etc. issued by Director-General

(1)On and after the commencement of this section—

(a)any notice, licence, certificate, requirement, request, direction, determination, declaration, specification, registration, authorisation, endorsement, waiver, approval, delegation, condition, consent, exemption or other instrument or document issued, served, made or given under the Principal Act or the regulations made under the Principal Act by the Director-General or the Minister is deemed to have been issued, served, made or given by the Authority; and

(b)any action taken or decision made under the Principal Act or the regulations made under the Principal Act by the Director-General or the Minister is deemed to have been taken or made by the Authority.

(2)This section does not apply to—

(a)any guidelines issued by the Minister under section 40(2) of the Principal Act; or

(b)any code of practice approved by the Minister or notice caused to be published by the Minister under section 56 of the Principal Act.

29Registers

(1)On the commencement of this section, the register established by the Director-General under section 54 of the Principal Act is deemed to be the register established under that section by the Authority.

(2)On the commencement of this section, any other register established by the Director-General under the Principal Act or the regulations made under that Act is deemed to be a register established by the Authority.

30Inspectors deemed to be inspectors appointed by Authority

On and after the commencement of this section—

(a)each former inspector holding office immediately before that commencement is deemed to be an inspector appointed by the Authority under section 11 of the Principal Act as amended by Division 1 of this Part; and

(b)a certificate of appointment furnished by the Minister under section 11 of the Principal Act in respect of the appointment of a former inspector is deemed to be a certificate of appointment furnished by the Authority under section 11 as amended by Division 1 of this Part; and

(c)an identification card issued to a former inspector by the Director-General under section 13 of the Principal Act is deemed to be an identification card issued to an inspector by the Authority under that section as amended by Division 1 of this Part.

31Proceedings in relation to inspectors

On and after the commencement of this section, an inspector appointed by the Authority may continue and complete any proceedings under the Principal Act or the regulations made under that Act commenced or made by or against or in relation to a former inspector and existing immediately before that commencement.

32Documents etc. issued by inspector

On and after the commencement of this section—

(a)any notice, direction, authorisation, request, requirement, prohibition, exemption, approval, permission or other instrument or document issued, served, made or given by a former inspector under the Principal Act or the regulations made under that Act is deemed to have been issued, served, made or given by an inspector appointed by the Authority; and

(b)any action taken or decision made under the Principal Act or the regulations made under that Act by a former inspector is deemed to have been taken or made by an inspector appointed by the Authority.