Dangerous Goods (Amendment) Act 1998 (ACT)

AUSTRALIAN CAPITAL TERRITORY

Dangerous Goods (Amendment) Act 1998

No. 36 of 1998

An Act to amend the Dangerous Goods Act 1984 and for related purposes

[Notified in ACT Gazette No. 41: 14 October 1998]

The Legislative Assembly for the Australian Capital Territory enacts as follows:

1. Short title

   This Act may be cited as the Dangerous Goods (Amendment) Act 1998.

2. Commencement

   This Act commences on the day on which it is notified in the Gazette.

3. Principal Act

   In this Act, “Principal Act” means the Dangerous Goods Act 1984.1

4. Application

   Section 4 of the Principal Act is amended by inserting after subsection (2) the following subsections:

5. The Dangerous Goods Act and the Dangerous Goods Regulation do not apply to the transport of dangerous goods by road.

6. In subsection (3)—

   ‘dangerous goods’ does not include a substance or article declared by the Dangerous Goods Regulation to be a dangerous good to which this definition applies;

   ‘transport’, in relation to dangerous goods, includes—

   (a)the packing, loading and unloading of the goods, and the transfer of the goods to or from a vehicle, for the purpose of their transport;

   (b)the marking of packages and unit loads containing dangerous goods, and the placarding of containers and vehicles in which dangerous goods are transported; and

   (c)other matters incidental to their transport.”.

7. Consequential amendments

8. The Dangerous Goods Act is amended as set out in Part 1 of the Schedule.

9. The Dangerous Goods Regulation is amended as set out in Part 2 of the Schedule.

SCHEDULE  Section 5

part 1

Dangerous Goods Act, 1975

(NSW) in its

application in the Territory

Section 10A—

After section 10 insert the following section:

“10A. Transport of small quantities or short trips after import

1. Nothing in section 10 shall be taken to require a licence for the transport of dangerous goods in the circumstances specified in regulations 1.10 and 1.11 of the Road Transport Reform (Dangerous Goods) Regulations of the Commonwealth.

2. In subsection (1)—

   ‘transport’, in relation to dangerous goods, includes—

   (a)the packing, loading and unloading of the goods, and the transfer of the goods to or from a vehicle, for the purpose of their transport;

   (b)the marking of packages and unit loads containing dangerous goods, and the placarding of containers and vehicles in which dangerous goods are transported; and

   (c)other matters incidental to their transport.”part 2

Dangerous Goods Regulation, 1978

(NSW) in its

application in the Territory

Clause 16A—

After clause 16 insert the following clause:

“16A. Transport of dangerous goods by road

1. For the purposes of the definition of dangerous goods in subsection 4 (4) of the Dangerous Goods Act 1984, the following are declared to be dangerous goods to which that definition applies:

   (a)Class 1 (Explosives) of the ADG Code;

(b)Class 6.2 (Infectious substances) of the ADG Code;

(c)Class 7 (Radioactive material) of the ADG Code.

1. In subclause (1)—

   ‘ADG Code’ has the same meaning as in the Road Transport Reform (Dangerous Goods) Regulations of the Commonwealth.”.

NOTE

Principal Act

1. Reprinted as at 31 January 1998.

[Presentation speech made in Assembly on 25 June 1998]

©  Australian Capital Territory 1998