Dangerous Goods (Road and Rail Transport) Amendment Regulations 2009
I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Dangerous Goods (Safe Transport) Act 1998 .15 June 2009
PETER G. UNDERWOOD
Governor
By His Excellency’s Command,
LISA M. SINGH
Minister for Workplace Relations
1Short titleThese regulations may be cited as the Dangerous Goods (Road and Rail Transport) Amendment Regulations 2009 . 2CommencementThese regulations take effect immediately after the Dangerous Goods Amendment Act 2005 commences. 3Principal RegulationsIn these regulations, the Dangerous Goods (Road and Rail Transport) Regulations 1998 are referred to as the Principal Regulations. 4Regulation 13 amended (Approval and use of forms [1.16]) Regulation 13(1) of the Principal Regulations is amended by omitting "A Competent Authority" and substituting "The Secretary". 5Regulation 15 amended (Determinations: dangerous goods [1.18]) Regulation 15 of the Principal Regulations is amended by omitting "A Competent Authority" and substituting "The Secretary". 6Regulation 18 amended (Register of determinations [1.21]) Regulation 18 of the Principal Regulations is amended as follows: (a) by omitting from subregulation (1) "A Competent Authority" and substituting "The Secretary"; (b) by omitting from subregulation (3) "Competent Authority" first occurring and substituting "Secretary"; (c) by omitting from subregulation (4) "Competent Authority" and substituting "Secretary". 7Regulation 20 amended (References to Panel [1.23]) Regulation 20 of the Principal Regulations is amended as follows: (a) by omitting from subregulation (2) "A Competent Authority" and substituting "The Secretary"; (b) by omitting from subregulation (2) "Authority" second occurring and substituting "Secretary"; (c) by omitting from subregulation (3) "A Competent Authority" and substituting "The Secretary"; (d) by omitting from subregulation (3)(a) "Authority" and substituting "Secretary"; (e) by omitting from subregulation (3)(b) "Authority" second occurring and substituting "Secretary". 8Regulation 21 amended (Effect of Panel decisions about draft determinations [1.24]) Regulation 21(2) of the Principal Regulations is amended by omitting "A Competent Authority" and substituting "The Secretary". 9Regulation 22 amended (Effect of Panel decisions about revoking or varying determinations [1.25]) Regulation 22 of the Principal Regulations is amended as follows: (a) by omitting from subregulation (1)(b)(ii) "Authority" and substituting "Secretary"; (b) by omitting from subregulation (2) "A Competent Authority" and substituting "The Secretary". 10Regulation 28 amended (Secretary and authorised officers to act as soon as practicable [1.31]) Regulation 28 of the Principal Regulations is amended as follows: (a) by omitting from paragraph (a) "a Competent Authority" and substituting "the Secretary"; (b) by omitting "Authority or officer" and substituting "Secretary or authorised officer". 11Regulation 29 rescinded Regulation 29 of the Principal Regulations is rescinded. 12Regulation 59 amended (Approvals [3.8]) Regulation 59(1) of the Principal Regulations is amended as follows: (a) by omitting "A Competent Authority" and substituting "The Secretary"; (b) by omitting from paragraph (b) "Authority" and substituting "Secretary". 13Regulation 61 amended (Test certificates [3.10]) Regulation 61(3)(a) of the Principal Regulations is amended by omitting "a Competent Authority" and substituting "the Secretary". 14Part 3, Division 3: Heading amended Division 3 of Part 3 of the Principal Regulations is amended by omitting "Competent Authority’s" from the heading to that Division and substituting "Secretary’s". 15Regulation 62 amended (Requiring production of packaging for testing [3.11]) Regulation 62 of the Principal Regulations is amended as follows: (a) by omitting from subregulation (2) "A Competent Authority" and substituting "The Secretary"; (b) by omitting from subregulation (3) "Competent Authority" and substituting "Secretary". 16Regulation 63 amended (Requiring evidence of performance tests [3.12]) Regulation 63 of the Principal Regulations is amended as follows: (a) by omitting from subregulation (2) "A Competent Authority" and substituting "The Secretary"; (b) by omitting from subregulation (3) "Competent Authority" and substituting "Secretary". 17Regulation 88 amended (Approvals: tank designs [4.25]) Regulation 88(1) of the Principal Regulations is amended as follows: (a) by omitting "A Competent Authority" and substituting "The Secretary"; (b) by omitting from paragraph (b) "Authority" and substituting "Secretary". 18Regulation 89 amended (Approvals: IBC designs [4.26]) Regulation 89(1) of the Principal Regulations is amended as follows: (a) by omitting "A Competent Authority" and substituting "The Secretary"; (b) by omitting "Authority" second occurring and substituting "Secretary". 19Regulation 90 amended (Determinations: foreign approved tanks and IBCs [4.27]) Regulation 90 of the Principal Regulations is amended as follows: (a) by omitting from subregulation (1) "A Competent Authority" and substituting "The Secretary"; (b) by omitting from subregulation (2) "A Competent Authority" and substituting "The Secretary". 20Regulation 95 amended (Consignor's duty [6.1]) Regulation 95(b) of the Principal Regulations is amended by omitting “a Competent Authority’s” and substituting “the Secretary’s”. 21Regulation 96 amended (Loader's duty [6.2]) Regulation 96(b) of the Principal Regulations is amended by omitting “a Competent Authority’s” and substituting “the Secretary’s”. 22Regulation 99 amended (Approvals: unit loads [6.5]) Regulation 99(1) of the Principal Regulations is amended as follows: (a) by omitting "A Competent Authority" and substituting "The Secretary"; (b) by omitting "Authority" second occurring and substituting "Secretary". 23Regulation 119 amended (Requiring evidence of insurance, &c. [8.7]) Regulation 119 of the Principal Regulations is amended as follows: (a) by omitting from subregulation (2) "A Competent Authority" and substituting "The Secretary"; (b) by omitting from subregulation (3) "Competent Authority" and substituting "Secretary". 24Regulation 128 amended (Approvals: segregation [9.8]) Regulation 128(1) of the Principal Regulations is amended as follows: (a) by omitting "A Competent Authority" and substituting "The Secretary"; (b) by omitting "Authority" second occurring and substituting "Secretary". 25Regulation 134 amended (Approvals: separation and marshalling) Regulation 134(1) of the Principal Regulations is amended as follows: (a) by omitting "A Competent Authority" and substituting "The Secretary"; (b) by omitting "Authority" second occurring and substituting "Secretary". 26Regulation 144 amended (Approvals: transfers of dangerous goods [10.9]) Regulation 144(1) of the Principal Regulations is amended as follows: (a) by omitting "A Competent Authority" and substituting "The Secretary"; (b) by omitting "Authority" second occurring and substituting "Secretary". 27Part 10A insertedAfter regulation 144 of the Principal Regulations , the following Part is inserted: PART 10ASea transport 144ATransport of dangerous goods by sea A person must not transport dangerous goods by sea except in accordance with – (a) the IMDG Code; and (b) Marine Orders, Part 41 (Carriage of dangerous goods) in force under the Navigation Act 1912 of the Commonwealth. Penalty: Fine not exceeding 15 penalty units.
144BHandling of dangerous goods in ports (1) In this regulation – AAPMA Rules means the Rules for the Safe Transport, Handling and Storage of Dangerous Substances and Oils in Port Areas, as amended to December 1988, published by the Association of Australian Port and Marine Authorities; port operator means a port operator within the meaning of the Marine and Safety Authority Act 1997 . (2) A person must not handle dangerous goods in a port except in accordance with the AAPMA Rules or a code, standard, guideline or rule that has been approved by the Secretary and notified in writing to the port operator responsible for the port.Penalty: Fine not exceeding 15 penalty units.
(3) It is a defence in proceedings for an offence under subregulation (2) if the defendant establishes that, at the relevant time, the defendant was conforming to a documented system of work that provides a level of safety at least equal to that provided by the AAPMA Rules or the approved code, standard, guideline or rule. 28Regulation 153 amended (Approvals: emergency information [11.9]) Regulation 153 of the Principal Regulations is amended as follows: (a) by omitting "A Competent Authority" and substituting "The Secretary"; (b) by omitting “Authority’s” and substituting “Secretary’s”; (c) by omitting "Authority" second occurring and substituting "Secretary". 29Regulation 168 amended (Determinations: routes, areas, vehicles and times [13.7]) Regulation 168 of the Principal Regulations is amended by omitting "A Competent Authority" and substituting "The Secretary". 30Regulation 173 amended (Prime contractor's duty: contaminated food and food packaging [14.2]) Regulation 173 of the Principal Regulations is amended as follows: (a) by omitting from subregulation (2) "Competent Authority" and substituting "Secretary"; (b) by omitting from subregulation (3) "a Competent Authority" and substituting "the Secretary"; (c) by omitting from subregulation (4)(e) "Competent Authority" and substituting "Secretary". 31Regulation 174 amended (Prime contractors and drivers to inform Secretary [14.3]) Regulation 174 of the Principal Regulations is amended as follows: (a) by omitting from subregulation (3) "a Competent Authority" and substituting "the Secretary"; (b) by omitting from subregulation (4) "same Competent Authority" and substituting "Secretary". 32Regulation 176 amended (Emergency plans [14.5]) Regulation 176(1) of the Principal Regulations is amended by omitting "a Competent Authority" from the definition of emergency plan and substituting "the Secretary". 33Regulation 182 amended (Inspection of registers [15.3]) Regulation 182 of the Principal Regulations is amended as follows: (a) by omitting from subregulation (1) "A Competent Authority" and substituting "The Secretary"; (b) by omitting from subregulation (2) "A Competent Authority" and substituting "The Secretary". 34Part 15, Division 2: Heading amended Division 2 of Part 15 of the Principal Regulations is amended by omitting "Competent Authority" from the heading to that Division and substituting "Secretary". 35Regulation 183 amended (Recommendations by Secretary [15.7]) Regulation 183 of the Principal Regulations is amended as follows: (a) by omitting from subregulation (1) "a Competent Authority" and substituting "the Secretary"; (b) by omitting from subregulation (2) "Competent Authority" first occurring and substituting "Secretary"; (c) by omitting from subregulation (3) "Competent Authority" first occurring and substituting "Secretary". 36Regulation 184 amended (Recommendations by corresponding Competent Authorities [15.8]) Regulation 184 of the Principal Regulations is amended as follows: (a) by omitting from subregulation (1) "Competent Authority that the Authority" and substituting "Secretary that the Secretary"; (b) by omitting from subregulation (2) "Competent Authority" and substituting "Secretary". 37Regulation 185 amended (Corresponding determinations [15.9]) Regulation 185(2) of the Principal Regulations is amended by omitting "a Competent Authority" and substituting "the Secretary". 38Regulation 186 amended (Corresponding exemptions [15.10]) Regulation 186(2) of the Principal Regulations is amended by omitting "Competent Authority" and substituting "Secretary". 39Regulation 187 amended (Corresponding approvals [15.11]) Regulation 187(2) of the Principal Regulations is amended by omitting "a Competent Authority" and substituting "the Secretary". 40Regulation 188 amended (Corresponding licences [15.12]) Regulation 188(2) of the Principal Regulations is amended by omitting "a Competent Authority" and substituting "the Secretary". 41Regulation 189 amended (Applications for exemptions [16.1]) Regulation 189 of the Principal Regulations is amended as follows: (a) by omitting from subregulation (1)(a) "a Competent Authority" and substituting "the Secretary"; (b) by omitting from subregulation (2) "Competent Authority" and substituting "Secretary"; (c) by omitting from subregulation (2) "Authority" second occurring and substituting "Secretary". 42Regulation 190 amended (Register of exemptions [16.2]) Regulation 190 of the Principal Regulations is amended as follows: (a) by omitting from subregulation (1) "A Competent Authority" and substituting "The Secretary"; (b) by omitting from subregulation (3) "Competent Authority" first occurring and substituting "Secretary"; (c) by omitting from subregulation (3)(a) "it grants" and substituting "granted"; (d) by omitting from subregulation (4) "Competent Authority" and substituting "Secretary"; (e) by omitting from subregulation (4)(a) "it has" and substituting "has been". 43Regulation 192 amended (References to Panel [16.4]) Regulation 192 of the Principal Regulations is amended as follows: (a) by omitting from subregulation (1) "A Competent Authority" and substituting "The Secretary"; (b) by omitting from subregulation (1) "Authority" second occurring and substituting "Secretary"; (c) by omitting from subregulation (2) "A Competent Authority" and substituting "The Secretary"; (d) by omitting from subregulation (2)(a) "Authority" and substituting "Secretary"; (e) by omitting from subregulation (2)(b) "Authority" second occurring and substituting "Secretary". 44Regulation 193 amended (Effect of Panel decisions about applications [16.5]) Regulation 193(2) of the Principal Regulations is amended by omitting "Competent Authority" and substituting "Secretary". 45Regulation 194 amended (Effect of Panel decisions about cancelling or varying exemptions [16.6]) Regulation 194 of the Principal Regulations is amended as follows: (a) by omitting from subregulation (1)(b)(ii) "Authority" and substituting "Secretary"; (b) by omitting from subregulation (2) "Competent Authority" and substituting "Secretary". 46Regulation 195 amended (Applications [17.1]) Regulation 195 of the Principal Regulations is amended as follows: (a) by omitting from subregulation (1) "a Competent Authority" and substituting "the Secretary"; (b) by omitting from subregulation (4) "Competent Authority" and substituting "Secretary"; (c) by omitting from subregulation (4) "Authority" second occurring and substituting "Secretary". 47Regulation 197 amended (When administrative determinations and approvals not to be made, &c. [17.3]) Regulation 197 of the Principal Regulations is amended by omitting "A Competent Authority" and substituting "The Secretary". 48Regulation 198 amended (Reasons for refusal of applications [17.4]) Regulation 198 of the Principal Regulations is amended as follows: (a) by omitting from subregulation (1) "a Competent Authority" and substituting "the Secretary"; (b) by omitting from subregulation (2) "Competent Authority" and substituting "Secretary"; (c) by omitting from subregulation (3) "Competent Authority" and substituting "Secretary"; (d) by omitting from subregulation (3) "Authority" second occurring and substituting "Secretary". 49Regulation 199 amended (Periods and conditions [17.5]) Regulation 199 of the Principal Regulations is amended as follows: (a) by omitting from subregulation (2) "a Competent Authority" and substituting "the Secretary"; (b) by omitting from subregulation (2) "Authority" second occurring and substituting "Secretary"; (c) by omitting from subregulation (4) "a Competent Authority" and substituting "the Secretary"; (d) by omitting from subregulation (4) "Authority" second occurring and substituting "Secretary". 50Regulation 200 amended (Replacement administrative determinations and approvals [17.6]) Regulation 200 of the Principal Regulations is amended as follows: (a) by omitting "A Competent Authority" and substituting "The Secretary"; (b) by omitting from paragraph (b) "Authority" and substituting "Secretary". 51Regulation 202 amended (Grounds for cancelling administrative determinations and approvals [17.8]) Regulation 202(4) of the Principal Regulations is amended by omitting "a Competent Authority" from the definition of relevant change and substituting "the Secretary". 52Regulation 203 amended (Grounds for varying administrative determinations and approvals [17.9]) Regulation 203(4) of the Principal Regulations is amended by omitting "a Competent Authority" from the definition of relevant change and substituting "the Secretary". 53Regulation 204 amended (Register [17.10]) Regulation 204 of the Principal Regulations is amended as follows: (a) by omitting from subregulation (1) "A Competent Authority" and substituting "The Secretary"; (b) by omitting from subregulation (3) "Competent Authority" first occurring and substituting "Secretary"; (c) by omitting from subregulation (3)(a) "it gives" and substituting "the Secretary gives"; (d) by omitting from subregulation (4) "Competent Authority" and substituting "Secretary"; (e) by omitting from subregulation (4)(a) "it" and substituting "the Secretary". 54Regulation 206 amended (References to Panel [17.12]) Regulation 206 of the Principal Regulations is amended as follows: (a) by omitting from subregulation (1) "A Competent Authority" and substituting "The Secretary"; (b) by omitting from subregulation (1) "Authority" second occurring and substituting "Secretary"; (c) by omitting from subregulation (2) "A Competent Authority" and substituting "The Secretary"; (d) by omitting from subregulation (2)(a) "Authority" and substituting "Secretary"; (e) by omitting from subregulation (2)(b) "Authority" second occurring and substituting "Secretary". 55Regulation 207 amended (Effect of Panel decisions about applications [17.13]) Regulation 207(2) of the Principal Regulations is amended by omitting "Competent Authority" and substituting "Secretary". 56Regulation 208 amended (Effect of Panel decisions about cancelling or varying approvals [17.14]) Regulation 208 of the Principal Regulations is amended as follows: (a) by omitting from subregulation (1)(b)(ii) "Authority" and substituting "Secretary"; (b) by omitting from subregulation (2) "Competent Authority" and substituting "Secretary". 57Regulation 215 amended (Required driving licence evidence [18.7]) Regulation 215(3) of the Principal Regulations is amended by omitting "a Competent Authority" and substituting "the Secretary". 58Regulation 218 amended (Applications for licences [18.10]) Regulation 218(1) of the Principal Regulations is amended by omitting "a Competent Authority" and substituting "the Secretary". 59Regulation 219 amended (Grant of licences [18.11]) Regulation 219 of the Principal Regulations is amended as follows: (a) by omitting from subregulation (1) "A Competent Authority" and substituting "The Secretary"; (b) by omitting from subregulation (1)(a) "Authority" and substituting "Secretary"; (c) by omitting from subregulation (2) "Competent Authority" and substituting "Secretary"; (d) by omitting from subregulation (3) "a Competent Authority" and substituting "the Secretary"; (e) by omitting from subregulation (3) "Authority" second occurring and substituting "Secretary". 60Regulation 220 amended (Applications for renewal of licences [18.12]) Regulation 220(1) of the Principal Regulations is amended by omitting "Competent Authority that issued the licence" and substituting "Secretary". 61Regulation 221 amended (Renewal of licences [18.13]) Regulation 221 of the Principal Regulations is amended as follows: (a) by omitting from subregulation (1) "A Competent Authority must renew a licence it has granted" and substituting "The Secretary must renew a licence"; (b) by omitting from subregulation (1)(a) "Authority" and substituting "Secretary"; (c) by omitting from subregulation (2) "Competent Authority" and substituting "Secretary"; (d) by omitting from subregulation (3) "a Competent Authority" and substituting "the Secretary"; (e) by omitting from subregulation (3) "Authority" second occurring and substituting "Secretary". 62Regulation 223 amended (Licence conditions [18.15]) Regulation 223(1) of the Principal Regulations is amended by omitting "A Competent Authority" and substituting "The Secretary". 63Regulation 224 amended (Additional condition [18.16]) Regulation 224 of the Principal Regulations is amended as follows: (a) by omitting "a Competent Authority" and substituting "the Secretary"; (b) by omitting "Authority" second occurring and substituting "Secretary". 64Regulation 227 amended (Applications for licences [18.19]) Regulation 227(1) of the Principal Regulations is amended by omitting "a Competent Authority" and substituting "the Secretary". 65Regulation 228 amended (Additional information and inspections [18.20]) Regulation 228 of the Principal Regulations is amended as follows: (a) by omitting from subregulation (1) "A Competent Authority" and substituting "The Secretary"; (b) by omitting from subregulation (1)(a) "Authority" twice occurring and substituting "Secretary"; (c) by omitting from subregulation (1)(b) "Authority" twice occurring and substituting "Secretary"; (d) by omitting from subregulation (2) "a Competent Authority" and substituting "the Secretary"; (e) by omitting from subregulation (3) "Competent Authority" and substituting "Secretary". 66Regulation 229 amended (Grant of licences [18.21]) Regulation 229 of the Principal Regulations is amended as follows: (a) by omitting from subregulation (1) "a Competent Authority" and substituting "the Secretary"; (b) by omitting from subregulation (1)(a) "Authority" and substituting "Secretary"; (c) by omitting from subregulation (4) "Competent Authority" and substituting "Secretary"; (d) by omitting from subregulation (5) "Competent Authority" and substituting "Secretary"; (e) by omitting from subregulation (6) "a Competent Authority" and substituting "the Secretary"; (f) by omitting from subregulation (6) "Authority" second occurring and substituting "Secretary". 67Regulation 230 amended (Applications for renewal of licences [18.22]) Regulation 230(1) of the Principal Regulations is amended by omitting "Competent Authority that granted the licence" and substituting "Secretary". 68Regulation 231 amended (Renewal of licences [18.23]) Regulation 231 of the Principal Regulations is amended as follows: (a) by omitting from subregulation (1) "a Competent Authority" and substituting "the Secretary"; (b) by omitting from subregulation (1)(a) "Authority" and substituting "Secretary"; (c) by omitting from subregulation (4) "Competent Authority" and substituting "Secretary"; (d) by omitting from subregulation (5) "Competent Authority" and substituting "Secretary"; (e) by omitting from subregulation (6) "a Competent Authority" and substituting "the Secretary"; (f) by omitting from subregulation (6) "Authority" second occurring and substituting "Secretary". 69Regulation 233 amended (Licence conditions [18.25]) Regulation 233(1) of the Principal Regulations is amended by omitting "A Competent Authority" and substituting "The Secretary". 70Regulation 234 amended (Disposal of licensed vehicles [18.26]) Regulation 234 of the Principal Regulations is amended as follows: (a) by omitting from subregulation (1) "Competent Authority, that granted the licence," and substituting "Secretary,"; (b) by omitting from subregulation (2) "Competent Authority" and substituting "Secretary". 71Regulation 236 amended (Licence labels [18.28]) Regulation 236(1) of the Principal Regulations is amended by omitting "A Competent Authority that grants a licence" and substituting "The Secretary". 72Regulation 241 amended (Replacement licences and licence labels [18.33]) Regulation 241 of the Principal Regulations is amended as follows: (a) by omitting from subregulation (1) "A Competent Authority" and substituting "The Secretary"; (b) by omitting from subregulation (2) "A Competent Authority" and substituting "The Secretary"; (c) by omitting from subregulation (2) "Authority" second occurring and substituting "Secretary". 73Regulation 243 amended (Surrender of licences [18.35]) Regulation 243(1) of the Principal Regulations is amended by omitting "Competent Authority that granted the licence and returning the licence to that Authority" and substituting "Secretary and returning the licence to the Secretary". 74Regulation 244 amended (Registers of licences [18.36]) Regulation 244 of the Principal Regulations is amended as follows: (a) by omitting from subregulation (1) "A Competent Authority" and substituting "The Secretary"; (b) by omitting from subregulation (2) "A Competent Authority" and substituting "The Secretary"; (c) by omitting from subregulation (4) "Competent Authority" and substituting "Secretary"; (d) by omitting from subregulation (5) "Competent Authority" and substituting "Secretary". 75Regulation 246 amended (Change of information given in licence applications [18.38]) Regulation 246 of the Principal Regulations is amended as follows: (a) by omitting from subregulation (1) "a Competent Authority" and substituting "the Secretary"; (b) by omitting from subregulation (2) "Competent Authority" and substituting "Secretary"; (c) by omitting from subregulation (2) "Authority" second occurring and substituting "Secretary". 76Regulation 247 amended (Production of licences to Secretary [18.39]) Regulation 247 of the Principal Regulations is amended as follows: (a) by omitting from subregulation (1) "A Competent Authority" and substituting "The Secretary"; (b) by omitting from subregulation (1) "Authority" second occurring and substituting "Secretary"; (c) by omitting from subregulation (2) "Competent Authority" and substituting "Secretary". 77Regulation 248 amended (Seizure of licences, &c. [18.40]) Regulation 248(3) of the Principal Regulations is amended by omitting "Competent Authority that was purported to have granted the licence" and substituting "Secretary". 78Regulation 249 amended (Return of licences [18.41]) Regulation 249 of the Principal Regulations is amended as follows: (a) by omitting from subregulation (1) "a Competent Authority or given to a Competent Authority" and substituting "the Secretary or given to the Secretary"; (b) by omitting from subregulation (2) "Competent Authority" and substituting "Secretary"; (c) by omitting from subregulation (3) "Competent Authority" and substituting "Secretary"; (d) by omitting from subregulation (4) "Competent Authority" and substituting "Secretary"; (e) by omitting from subregulation (5) "Competent Authority" and substituting "Secretary". 79Regulation 251 amended (Cancellation, suspension and variation in dangerous situations [19.2]) Regulation 251 of the Principal Regulations is amended as follows: (a) by omitting from subregulation (1) "a Competent Authority" and substituting "the Secretary"; (b) by omitting from subregulation (2) "Competent Authority" and substituting "Secretary". 80Regulation 252 amended (Cancellation and suspension giving effect to court orders [19.3]) Regulation 252 of the Principal Regulations is amended by omitting "A Competent Authority" and substituting "The Secretary". 81Regulation 253 amended (Variation of administrative determinations and approvals on application [19.4]) Regulation 253(2) of the Principal Regulations is amended by omitting "Competent Authority" and substituting "Secretary". 82Regulation 254 amended (Cancellation, suspension and variation in other circumstances [19.5]) Regulation 254 of the Principal Regulations is amended as follows: (a) by omitting from subregulation (1)(a) "a Competent Authority" and substituting "the Secretary"; (b) by omitting from subregulation (2) "Competent Authority" and substituting "Secretary"; (c) by omitting from subregulation (3) "Competent Authority" and substituting "Secretary"; (d) by omitting from subregulation (3) "Authority" second occurring and substituting "Secretary"; (e) by omitting from subregulation (4) "Competent Authority" and substituting "Secretary". 83Regulation 255 amended (When cancellation, suspension and variation take effect [19.6]) Regulation 255 of the Principal Regulations is amended as follows: (a) by omitting from subregulation (1) "a Competent Authority" and substituting "the Secretary"; (b) by omitting from subregulation (1)(a) "Authority" and substituting "Secretary"; (c) by omitting from subregulation (2) "a Competent Authority" and substituting "the Secretary"; (d) by omitting from subregulation (2)(a) "Authority" and substituting "Secretary". 84Regulation 258 amended (Approvals: tests and training courses for drivers [20.2]) Regulation 258 of the Principal Regulations is amended as follows: (a) by omitting from subregulation (1) "A Competent Authority" and substituting "The Secretary"; (b) by omitting from subregulation (2) "A Competent Authority" and substituting "The Secretary"; (c) by omitting from subregulation (2) "Authority" second occurring and substituting "Secretary". 85Regulation 260 amended (Infringement notices [21.1]) Regulation 260 of the Principal Regulations is amended by omitting subregulation (3) and substituting the following subregulations: (3) An infringement notice is to be in accordance with section 14 of the Monetary Penalties Enforcement Act 2005 . (4) Any payments in respect of an infringement notice are payable into the Consolidated Fund. 86Regulations 261 , 262 , 263 , 264 , 265 and 266 rescinded Regulations 261 , 262 , 263 , 264 , 265 and 266 of the Principal Regulations are rescinded. 87Regulation 267 amended (Application of Part [22.1]) Regulation 267 of the Principal Regulations is amended by omitting "a Competent Authority" and substituting "the Secretary". 88Regulation 268 amended (Who may apply for reconsideration of decisions [22.2]) Regulation 268 of the Principal Regulations is amended as follows: (a) by omitting from subregulation (1) "a Competent Authority" and substituting "the Secretary"; (b) by omitting from subregulation (1) "that Authority" and substituting "the Secretary"; (c) by omitting from subregulation (2) "a Competent Authority" and substituting "the Secretary"; (d) by omitting from subregulation (2) "that Authority" and substituting "the Secretary". 89Regulation 269 amended (Applications for reconsideration [22.3]) Regulation 269 of the Principal Regulations is amended as follows: (a) by omitting from subregulation (1)(a) "Competent Authority" and substituting "Secretary"; (b) by omitting from subregulation (1)(b) "Authority" and substituting "Secretary"; (c) by omitting from subregulation (3) "Competent Authority" and substituting "Secretary". 90Regulation 270 amended (Secretary to reconsider decisions [22.4]) Regulation 270 of the Principal Regulations is amended as follows: (a) by omitting from subregulation (1) "Competent Authority" and substituting "Secretary"; (b) by omitting from subregulation (2) "Competent Authority" and substituting "Secretary"; (c) by omitting from subregulation (3) "Competent Authority" and substituting "Secretary". 91Regulation 271 amended (Review of certain decisions [22.5]) Regulation 271 of the Principal Regulations is amended by omitting "a Competent Authority" and substituting "the Secretary". 92Regulation 272 amended (Prescribed fees [23.1]) Regulation 272 of the Principal Regulations is amended by omitting the table and substituting the following table: Column 1 | Column 2 | Column 3 |
Item | Provision for which fee prescribed | Fee (fee units) |
1. | regulation 87(c) | 100 |
2. | regulation 218(2)(e) | 30 |
3. | regulation 220(2)(e) | 30 |
4. | regulation 227(3) | 75 |
5. | regulation 230(3) | 75 |
93Regulation 274 amended (Continuing effect of certain determinations [24.2]) Regulation 274 of the Principal Regulations is amended by omitting subregulations (3) and (4) . 94Regulation 276 amended (Continuing effect of certain exemptions [24.4]) Regulation 276 of the Principal Regulations is amended by omitting subregulation (3) . 95Regulation 278 amended (Continuing effect of certain approvals [24.6]) Regulation 278 of the Principal Regulations is amended by omitting subregulation (3) . 96Regulation 280 amended (Continuing effect of certain licences and permits [24.8]) Regulation 280 of the Principal Regulations is amended by omitting subregulation (3) . 97Regulation 282 insertedAfter regulation 281 of the Principal Regulations , the following regulation is inserted in Part 24: 282Future construction of certain references (1) In this regulation – post-commencement period means the period commencing on the day on which the Dangerous Goods Amendment Act 2005 commences. (2) A reference in regulation 274(2) , regulation 276(2) , regulation 278(2) or regulation 280(2) to "a Competent Authority" is, in the application (if any) of that regulation to the post-commencement period, to be construed as a reference to "the Secretary". 98Schedule 3 amended (Dictionary) Clause 1 of Schedule 3 to the Principal Regulations is amended as follows: (a) by omitting the definitions of Act and ADG Code and substituting the following definitions: Act means the Dangerous Goods (Safe Transport) Act 1998 ; ADG Code means the Australian Dangerous Goods Code; (b) by omitting the definition of AE Code and substituting the following definition: AE Code means the Australian Explosives Code; (c) by omitting "a Competent Authority" from the definition of approval and substituting "the Secretary"; (d) by omitting the definition of Competent Authority ; (e) by omitting the definition of corresponding Competent Authority and substituting the following definition: corresponding Competent Authority means a person who, under a law of another participating jurisdiction, has powers corresponding, or substantially corresponding, to the powers of the Secretary under the Act; (f) by omitting "a Competent Authority" from the definition of determination and substituting "the Secretary"; (g) by omitting the definition of hose assembly and substituting the following definition: hose assembly means a hose, or hoses connected together, for use in the transportation or transfer of dangerous goods and includes – (a) if there are 2 or more hoses connected together, the connections between the hoses; and (b) the attachment connecting the hose or hoses to a tank on a vehicle, bulk container or storage container; and (c) anything else, except a vehicle, bulk container or storage container, attached to the hose or hoses; (h) by omitting the definition of involvement in the handling of dangerous goods and substituting the following definition: involvement in the transportation of dangerous goods see section 3 of the Act; Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 24 June 2009
These regulations are administered in the Department of Justice.
EXPLANATORY NOTE
(This note is not part of the regulation) These regulation amend the