Dangerous Goods Amendment (Penalty Reform) Act 2019 (Vic)

Dangerous Goods Amendment (Penalty Reform) Act 2019

No. 38 of 2019

table of provisions

Section  Page

1Purpose

2Commencement

3Inspector may issue direction concerning damaged or spilled dangerous goods

4Persons required to take precautions

5Goods too dangerous to be transported

6Dangerous goods must be transported in safe manner

7Aggravated offence

8New section 31D inserted

9Power of Authority where premises or magazine especially dangerous

10General

11Heading to Part X amended

12New Division 1 heading inserted in Part X

13New Division 2 inserted in Part X

14Repeal of this Act

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Endnotes

1      General information

Dangerous Goods Amendment (Penalty Reform) Act 2019

No. 38 of 2019

[Assented to 6 November 2019]

The Parliament of Victoria enacts:

1Purpose

The purpose of this Act is to amend the Dangerous Goods Act 1985—

(a)to increase the penalties of various offences in that Act so that the penalties better reflect the serious nature of those offences; and

(b)to create a new offence for reckless conduct in respect of dangerous goods that endangers persons.

2Commencement

This Act comes into operation on the day after the day on which it receives the Royal Assent.

3Inspector may issue direction concerning damaged or spilled dangerous goods

For the penalty at the foot of section 17K(3) of the Dangerous Goods Act 1985 substitute—

"Penalty:500 penalty units for a natural person;

2500 penalty units for a body corporate.".

4Persons required to take precautions

(1)For the penalty at the foot of section 31(1) of the Dangerous Goods Act 1985 substitute—

"Penalty:If the failure results in death or serious injury to a person—

(a)in the case of a natural person, 1800 penalty units or imprisonment for 2 years; or

(b)in the case of a body corporate, 9000 penalty units.

In any other case—

(c)in the case of a natural person, 1800 penalty units; or

(d)in the case of a body corporate, 9000 penalty units.".

(2)For the penalty at the foot of section 31(2) of the Dangerous Goods Act 1985 substitute—

"Penalty:If the failure results in death or serious injury to a person—

(a)in the case of a natural person, 1800 penalty units or imprisonment for 2 years; or

(b)in the case of a body corporate, 9000 penalty units.

In any other case—

(c)in the case of a natural person, 1800 penalty units; or

(d)in the case of a body corporate, 9000 penalty units.".

(3)For the penalty at the foot of section 31(4) of the Dangerous Goods Act 1985 substitute—

"Penalty:If the failure results in death or serious injury to a person—

(a)in the case of a natural person, 1800 penalty units or imprisonment for 2 years; or

(b)in the case of a body corporate, 9000 penalty units.

In any other case—

(c)in the case of a natural person, 1800 penalty units; or

(d)in the case of a body corporate, 9000 penalty units.".

5Goods too dangerous to be transported

(1)For the penalty at the foot of section 31A(1) of the Dangerous Goods Act 1985 substitute—

"Penalty:If the failure results in death or serious injury to a person—

(a)in the case of a natural person, 1800 penalty units or imprisonment for 2 years; or

(b)in the case of a body corporate, 9000 penalty units.

In any other case—

(c)in the case of a natural person, 1800 penalty units; or

(d)in the case of a body corporate, 9000 penalty units.".

(2)For the penalty at the foot of section 31A(2) of the Dangerous Goods Act 1985 substitute—

"Penalty:If the failure results in death or serious injury to a person—

(a)in the case of a natural person, 1800 penalty units or imprisonment for 2 years; or

(b)in the case of a body corporate, 9000 penalty units.

In any other case—

(c)in the case of a natural person, 1800 penalty units; or

(d)in the case of a body corporate, 9000 penalty units.".

6Dangerous goods must be transported in safe manner

For the penalty at the foot of section 31B(1) of the Dangerous Goods Act 1985 substitute—

"Penalty:If the failure results in death or serious injury to a person—

(a)in the case of a natural person, 1800 penalty units or imprisonment for 2 years; or

(b)in the case of a body corporate, 9000 penalty units.

In any other case—

(c)in the case of a natural person, 1800 penalty units; or

(d)in the case of a body corporate, 9000 penalty units.".

7Aggravated offence

For the penalty at the foot of section 31C(1) of the Dangerous Goods Act 1985 substitute—

"Penalty:In the case of a natural person, 1800 penalty units or imprisonment for 5 years;

In the case of a body corporate, 20 000 penalty units.".

8New section 31D inserted

After section 31C of the Dangerous Goods Act 1985 insert—

"31D   Conduct in respect of dangerous goods that endangers persons

(1)A person must not, without lawful excuse, recklessly engage in the manufacture, storage, transport, transfer, sale or use of dangerous goods that places, or may place, a person in danger of death.

Penalty:In the case of a natural person, 3800 penalty units or imprisonment for 10 years;

In the case of a body corporate, 40 000 penalty units.

(2)An offence against subsection (1) is an indictable offence.

Note

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

9Power of Authority where premises or magazine especially dangerous

(1)For section 33A(2) of the Dangerous Goods Act 1985 substitute—

"(2)A licensee must not contravene a requirement of the Authority under subsection (1).

Penalty:500 penalty units for a natural person;

2500 penalty units for a body corporate.".

(2)The note at the foot of section 33A of the Dangerous Goods Act 1985 is repealed.

10General

In section 45(2)(a) of the Dangerous Goods Act 1985, for "400 penalty units" substitute "500 penalty units".

11Heading to Part X amended

In the heading to Part X of the Dangerous Goods Act 1985 omit "—Dangerous Goods Amendment (Transport) Act 2008".

12New Division 1 heading inserted in Part X

Before section 68 of the Dangerous Goods Act 1985 insert—

"Division 1—Dangerous Goods Amendment (Transport) Act 2008".

13New Division 2 inserted in Part X

After section 74 of the Dangerous Goods Act 1985 insert—

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

75Dangerous Goods Amendment (Penalty Reform) Act 2019

(1)The amendments made to this Act by section 3, 4(1), 4(2), 4(3), 5(1), 5(2), 6, 7, 9(1) or 10 of the Dangerous Goods Amendment (Penalty Reform) Act 2019 apply only to an offence alleged to have been committed on or after the commencement of that section.

(2)For the purposes of subsection (1), if an offence is alleged to have been committed between 2 dates, one before and one on or after the commencement of section 3, 4(1), 4(2), 4(3), 5(1), 5(2), 6, 7, 9(1) or 10 of the Dangerous Goods Amendment (Penalty Reform) Act 2019, the offence is alleged to have been committed before that commencement.".

14Repeal of this Act

This Act is repealed on the first anniversary of its commencement.

Note

The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).

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Endnotes

1   General information

See for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 28 August 2019

Legislative Council: 15 October 2019

The long title for the Bill for this Act was "A Bill for an Act to amend the Dangerous Goods Act 1985 to increase the penalties of various offences in that Act so that the penalties better reflect the serious nature of those offences and to create a new offence for reckless conduct in respect of dangerous goods that endangers persons and for other purposes."