Dangerous Goods (Road Transport) Act 2009 (ACT)
Dangerous Goods (Road Transport) Act 2009
A2009-34
Republication No 10
Effective: 27 February 2025
Republication date: 27 February 2025
Last amendment made by A2025‑1
About this republication
The republished law
This is a republication of the Dangerous Goods (Road Transport) Act 2009 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 27 February 2025. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 27 February 2025.
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">
authorised republications to which the Legislation Act 2001 applies
unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.
This republication includes amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( For more information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).
Dangerous Goods (Road Transport) Act 2009
Contents
Page
Chapter 1 Preliminary
Part 1.1 Introduction
1 Name of Act 2
3 Dictionary 2
4 Notes 2
5Offences against Act—application of Criminal Code etc 3
6 Purpose of Act 3
7 Application of Act 3
8 Inconsistency with other laws 4
Part 1.2 Important concepts
9 Meaning of compliance purposes 5
10 Meaning of consigns and consignor 5
11 Meaning of packaging 6
12 Meaning of packs and packer 6
13 Meaning of loads and loader 7
14 Meaning of operator 8
15 Meaning of qualified to drive vehicle or run engine 8
16 Meaning of fit to drive vehicle or run engine 8
17 Meaning of authorised to drive or run engine 9
18 Meaning of unattended vehicle 9
19 Meaning of broken-down vehicle or trailer 11
Chapter 2 Competent authorities and authorised people
Part 2.1 Competent authorities
20 Competent authorities 12
21 Competent authority may delegate functions 12
22 Competent authority may give information to corresponding authority 13
Part 2.2 Authorised people
23 Authorised people 14
24 Identity cards 14
25 Production of identity cards 15
25A Impersonating authorised person 16
25B Obstructing or hindering authorised person 16
26 Reciprocal powers agreements 16
27 Reciprocal powers agreements—functions 17
Chapter 3 Road transport
Part 3.1 Offences—licensing, safety and insurance obligations
28 Offences—licensing of vehicles transporting dangerous goods 19
29 Offences—licensing of drivers transporting dangerous goods 20
30 Offences—goods too dangerous to be transported 20
31 Offence—s 30 conduct causing death or serious injury 21
32 Alternative verdicts—s 30 conduct causing death or serious injury 22
33 Offences—transport of dangerous goods 22
34 Offence—s 33 conduct causing death or serious injury 23
35 Alternative verdicts—s 33 conduct causing death or serious injury 24
36 Offence—vehicle not insured or approved—owner 24
37 Offence—vehicle not insured or approved—prime contractor 25
Part 3.2 General powers—pt 3.2 vehicles and drivers
Division 3.2.1 Preliminary
38 Application—pt 3.2 27
Division 3.2.2 Directions in relation to pt 3.2 vehicles
39 Direction to stop pt 3.2 vehicle 28
40 Offence—fail to comply with direction to stop pt 3.2 vehicle 29
41 Direction to move pt 3.2 vehicle 30
42 Offence—fail to comply with direction to move pt 3.2 vehicle 30
43 Direction to produce document etc 31
44 Offence—fail to comply with direction to produce document 32
45 Direction to move pt 3.2 vehicle—dangerous situation, harm or obstruction 32
46 Offence—fail to comply with direction to move pt 3.2 vehicle—dangerous situation, harm or obstruction 33
47 Direction to leave pt 3.2 vehicle 34
48 Offence—fail to comply with direction to leave pt 3.2 vehicle 35
49 Direction in relation to immobilised pt 3.2 vehicle 35
50 Offence—fail to comply with direction in relation to immobilised pt 3.2 vehicle 36
51 Direction in relation to pt 3.2 vehicle—dangerous situation 36
52 Offence—fail to comply with direction in relation to pt 3.2 vehicle—dangerous situation 37
Division 3.2.3 Other powers in relation to pt 3.2 vehicles
53 Moving unattended pt 3.2 vehicle—exercise other functions 37
54 Moving unattended and broken-down pt 3.2 vehicles—dangerous situation or obstruction 38
55 Moving unattended and broken-down pt 3.2 vehicles—harm or obstruction—driver need not be qualified or licensed 39
56 Driving pt 3.2 vehicles—div 3.2.3—driver need not be authorised 40
Part 3.3 Directions to give name, records and other things
57 Direction to give name and other personal details 41
58 Offence—fail to comply with direction to give name and other personal details 42
59 Direction to produce record, device or other thing 43
60 Offence—fail to comply with direction to produce record, device or other thing 44
61 Direction to give information 45
62 Offence—fail to comply with direction to give information 45
Part 3.4 Provisions about directions
63 How direction may be given 47
64 Direction to state time for compliance 47
65 Amendment or cancellation of direction 48
66 Direction may be given under more than 1 provision 48
67 Protection from incrimination 48
Part 3.5 Enforcement
Division 3.5.1 Definitions—pt 3.5
68 Definitions—pt 3.5 50
Division 3.5.2 Powers of authorised people in relation to pt 3.2 vehicles
69 Application—div 3.5.2 51
70 Power of authorised people to enter and inspect pt 3.2 vehicles 51
71 Power of authorised people to enter and search pt 3.2 vehicles 52
Division 3.5.3 General powers of authorised people
72 Power to enter premises and vehicles 54
73 Production of identity card 56
74 Consent to entry 56
75 General powers on entry to premises and vehicles 58
76 Direction to give assistance 59
77 Offence—fail to comply with direction to give assistance 61
78 Use of assistants and equipment 62
79 Use of equipment to examine and process things 62
80 Use and seizure of electronic equipment 63
81 Power to seize things 64
82 Removal of seized thing 65
83 Receipt for seized thing 65
84 Power to destroy unsafe thing 66
Division 3.5.4 Embargo notices
85 Embargo notices 67
86 Offence—fail to comply with embargo notice 68
87 Offence—fail to prevent someone else doing something forbidden by embargo notice 69
88 Revocation of embargo notice 69
Division 3.5.5 Search warrants
89 Warrants generally 70
90 Warrants—application made other than in person 72
91 Warrants—issue on application made other than in person 72
92 Warrants—announcement before entry 73
93 Details of warrant to be given to occupier etc 74
94 Occupier entitled to observe search etc 74
95 Moving things to another place for examination or processing under warrant 75
Division 3.5.6 Dealing with seized things
96 Meaning of responsible person—div 3.5.6 76
97 Access to seized thing 76
98 Return of seized thing 77
99 Circumstances—s 98 78
100 Application for order disallowing seizure 80
101 Order disallowing seizure 80
102 Forfeiture of seized thing 81
103 Cost of disposal of forfeited thing 82
Division 3.5.7 Enforcement—miscellaneous
104 Sample-taking procedure 83
105 Damage etc to be minimised 84
106 Restoring vehicle, premises etc to original condition after action taken 85
107 Compensation for exercise of enforcement powers 85
Part 3.6 General administrative penalties
Division 3.6.1 Improvement notices
108 Definitions—div 3.6.1 87
109 Improvement notices 87
110 Extensions of date or time to comply with improvement notices 88
111 Offence—fail to comply with improvement notice 89
112 Amendment of improvement notices 90
113 Cancellation of improvement notices 90
114 Clearance certificates 91
Division 3.6.2 Formal warnings
115 Definitions—div 3.6.2 91
116 Formal warnings 92
117 Withdrawal of formal warnings 92
Part 3.7 Prohibition notices
118 Meaning of dangerous activity—pt 3.7 93
119 Prohibition notices—general 93
120 Oral direction may be given before prohibition notice 94
121 Offence—fail to comply with oral direction 94
122 Prohibition notices—content 95
123 Offence—fail to comply with prohibition notice 96
124 Amendment of prohibition notices 96
125 Withdrawal of prohibition notices 97
126 Proceeding for offence not affected by prohibition notice 97
Part 3.8 General court-based penalties
Division 3.8.1 Preliminary
127 Meaning of associate—pt 3.8 98
Division 3.8.1A Proceedings for offences
127A Proceedings for offences 99
127B Proceedings may be brought by authorised person 99
127C Period within which proceedings for offences may be commenced 99
Division 3.8.1B Available penalties
128 Penalties imposed by courts 100
Division 3.8.2 Commercial benefits penalty orders
129 Commercial benefits penalty orders 100
130 Commercial benefits penalty orders—estimating gross commercial benefit 102
Division 3.8.3 Licensing and registration penalties
131 Penalties involving licences 102
132 Penalties involving vehicle registration 103
Division 3.8.4 Supervisory intervention orders
133 Supervisory intervention orders 104
134 Supervisory intervention orders—compliance reports 106
135 Supervisory intervention orders—amendment and revocation 107
136 Offence—fail to comply with supervisory intervention order 108
Division 3.8.5 Exclusion orders
137 Exclusion orders 108
138 Exclusion orders—amendment and revocation 109
139 Offence—fail to comply with exclusion order 110
Division 3.8.6 Forfeiture orders
140 Forfeiture 110
Part 3.9 Compensation orders
Division 3.9.1 Definitions—pt 3.9
141 Definitions—pt 3.9 111
Division 3.9.2 Roads compensation orders for damage to road infrastructure
142 Roads compensation orders—making 111
143 Roads compensation orders—application 112
144 Roads compensation orders—assessment 112
145 Roads compensation orders—certificates 113
146 Roads compensation orders—limits on amount 114
Division 3.9.2A Costs compensation orders
146A Recovery of costs orders—making 114
146B Recovery of costs orders—application 115
Division 3.9.3 Costs and recovery
147 Compensation orders—costs 115
148 Compensation orders—enforcement 116
149 Compensation orders—other orders and awards 116
Part 3.10 Exemptions
150 Meaning of exemption 117
151 Exemptions by competent authorities—general 117
152 Offence—fail to comply with exemption condition 118
153 Offence—fail to keep copy of notice in premises or vehicle 118
154 Exemption—competent authority to tell other competent authorities 119
155 Amendment and cancellation of exemptions and conditions 119
156 Declaration by Minister—amend or suspend regulation’s operation 120
Part 3.11 General liability and evidentiary provisions
Division 3.11.1 Liability for offences
156A Multiple offenders 121
156B Double jeopardy 122
157 Criminal liability of executive officers of corporations 122
158 Offence—partners etc taken to have committed offences of other partners 124
159 Offence—managers etc of unincorporated associations taken to have committed offences of other managers etc 125
159A Offence—employers taken to have committed offences of employees 125
Division 3.11.2 General exceptions to offences
160 Exception for owners and operators 126
161 Exception if complying with direction 127
Division 3.11.3 General evidentiary provisions
162 Acts and omissions of representatives 128
163 Evidence—certificate signed by authorised person 129
164 Evidence—certain documents signed by competent authority 130
165 Evidence—mass of vehicle or packaging 131
166 Proof of appointments and signatures unnecessary 131
167 Evidence—transport documentation 132
168 Use of codes of practice etc in proceedings 132
Chapter 4 Notification and review of decisions
169 Definitions—ch 4 134
170 Internal review notices 134
171 Applications for internal review 135
172 Applications not stay internally reviewable decisions 135
173 Internal reviewer 136
174 Review by internal reviewer 136
175 Reviewable decision notices 136
176 Applications for review 137
Chapter 5 Miscellaneous
Part 5.1 Secrecy and information sharing
177 Definitions—pt 5.1 138
178 Secrecy 138
179 Information sharing guidelines 140
180 Offence—information not to be used for other purposes 141
181 Competent authority may give seized records etc to public authorities 141
Part 5.2 Indemnities
182 Protection from liability 142
183 Indemnity not affected by certain matters 142
184 Other indemnities not affected 143
Part 5.3 Victimisation of people for reporting breaches and assisting with investigations
185 Definitions—pt 5.3 144
186 Offence—victimisation of employees for reporting breaches or assisting with investigations 144
187 Offence—victimisation of prospective employees for reporting breaches or assisting with investigations 146
188 Victimisation offences—order for compensation 147
189 Victimisation offences—order for re-employment etc 147
190 Offence—fail to comply with employment order 148
Part 5.4 Other miscellaneous provisions
190A Making false or misleading statements to authorised person 149
190B Producing false or misleading records to authorised person 150
191 Contracting out prohibited 152
191A Recovery of costs of public authorities 152
192 Assistance in emergencies or accidents 154
193 Delegation by Minister—limitation 154
194 Determination of fees 155
Part 5.5 Regulations
196 Regulation-making power 156
197 Regulations—certain specific matters 156
198 Regulations—things used in the transport of dangerous goods 157
199 Regulations—competent and corresponding authorities etc 157
200 Regulations—accreditation and training etc 159
201 Regulations—stated entities 160
202 Regulations—application etc of laws of other jurisdictions and instruments 160
Dictionary161
Endnotes
1 About the endnotes 171
2 Abbreviation key 171
3 Legislation history 172
4 Amendment history 174
5 Earlier republications 178
6 Expired transitional or validating provisions 179
Dangerous Goods (Road Transport) Act 2009
An Act to make provision for safety in the transport of dangerous goods by road as part of the system of nationally consistent road transport laws, and for other purposes
Chapter 1Preliminary
Part 1.1Introduction
Name of Act
This Act is the Dangerous Goods (Road Transport) Act 2009.
Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere.
For example, the signpost definition ‘vehicle—see the Road Transport (General) Act 1999, dictionary.’ means that the term ‘vehicle’ is defined in that dictionary and the definition applies to this Act.
Note 2A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
Notes
A note included in this Act is explanatory and is not part of this Act.
NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
Offences against Act—application of Criminal Code etc
Other legislation applies in relation to offences against this Act.
Note 1Criminal Code
The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).
The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).
Note 2Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.
Purpose of Act
The purpose of this Act is to regulate the transport of dangerous goods by road in order to—
(a)promote public safety; and
(b)protect property and the environment.
Application of Act
This Act does not apply to—
(a)dangerous goods that are, or form part of, a person’s personal safety equipment in a vehicle transporting dangerous goods; and
(b)dangerous goods that are in a container that is designed to form part of, and forms part of, the fuel or battery system of a vehicle’s engine, auxiliary engine, fuel burning appliance or other part of a vehicle’s propulsion equipment.
Inconsistency with other laws
(1)If this Act is inconsistent with a dangerous goods law, the dangerous goods law prevails.
(2)If this Act is inconsistent with the Radiation Protection Act 2006, that Act prevails.
(3)In this section:
dangerous goods law means a law in force in the ACT that—
(a)relates to the storage and handling of dangerous goods; but
(b)does not relate to the transport of dangerous goods by road.
NoteDangerous goods law does not include the Dangerous Substances Act 2004 or the Work Health and Safety Act 2011 because both of those Acts relate to the transport of dangerous goods by road. The interaction between this Act and the Dangerous Substances Act 2004 is dealt with in that Act, s 8. The interaction between this Act and the Work Health and Safety Act 2011 is dealt with in that Act, s 12.
Part 1.2Important concepts
Meaning of compliance purposes
(1)For this Act, a function is exercised for compliance purposes if the function is exercised to—
(a)find out whether this Act is being complied with; or
(b)investigate an offence, or suspected offence, against this Act.
NoteA reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).
(2)To remove any doubt, a function may be exercised for compliance purposes even if the function is also exercised for 1 or more other purposes.
Meaning of consigns and consignor
(1)For this Act, a person consigns goods for transport, and is the consignor of the goods, if—
(a)subsection (2) applies to the person; or
(b)subsection (2) does not apply to the person or anyone else, but subsection (3) applies to the person; or
(c)subsections (2) and (3) do not apply to the person or anyone else, but subsection (4) applies to the person.
(2)This subsection applies to a person who, with the person’s authority, is named or otherwise identified in transport documentation as the consignor of the goods.
(3)This subsection applies to a person who—
(a)engages a prime contractor, either directly or through an agent or other intermediary, to transport the goods; or
(b)if paragraph (a) does not apply—has possession of, or control over, the goods immediately before the goods are transported; or
(c)if neither paragraph (a) nor (b) applies—loads a vehicle with the goods, for transport, at a place—
(i)where dangerous goods are awaiting collection; and
(ii)that is unattended (except by the driver) during loading.
(4)This subsection applies to a person if—
(a)the goods are imported into Australia; and
(b)the person is the importer of the goods.
Meaning of packaging
For this Act, packaging, in relation to goods, is anything that contains, holds, protects or encloses the goods, whether directly or indirectly, to enable them to be received or held for transport, or to be transported, and includes anything declared by regulation to be packaging.
Note 1It may be that a container constitutes the whole of the packaging of goods, as in the case of a drum in which dangerous goods are directly placed.
Note 2Unlike in United Nations publications relating to the transport of dangerous goods, the term packaging is defined in this Act in accordance with its ordinary meaning.
Meaning of packs and packer
For this Act, a person packs goods for transport, and is a packer of the goods, if the person—
(a)puts the goods in packaging (even if that packaging is already in a vehicle); or
(b)assembles, places or secures packages in packaging designed to hold, enclose or otherwise contain more than 1 package (even if that packaging is already in a vehicle); or
(c)supervises an activity mentioned in paragraph (a) or (b); or
(d)manages or controls an activity mentioned in paragraph (a), (b) or (c).
Example
A person who uses a hose to fill the tank of a tank vehicle with petrol packs the petrol for transport for this Act.
NoteTank vehicle—see the dictionary.
Meaning of loads and loader
(1)For this Act, a person loads goods for transport, and is a loader of the goods, if the person—
(a)loads 1 or more packages of the goods in a vehicle; or
(b)places or secures 1 or more packages of the goods in a vehicle; or
(c)supervises an activity mentioned in paragraph (a) or (b); or
(d)manages or controls an activity mentioned in paragraph (a), (b) or (c).
(2)Subsection (1) does not apply to—
(a)the loading of goods into packaging that is already in a vehicle; or
(b)the placing or securing of packages in or on further packaging that is already in a vehicle.
Meaning of operator
(1)For this Act, a person is an operator of a vehicle if—
(a)for a vehicle (including a vehicle in a group of vehicles that are physically connected)—the person is responsible for controlling or directing the operations of the vehicle; or
(b)for a group of vehicles that are physically connected—the person is responsible for controlling or directing the operations of the towing vehicle in the group.
(2)A person is not an operator of a vehicle only because the person owns the vehicle or does any or all of the following:
(a)drives the vehicle;
(b)maintains or arranges for the maintenance of the vehicle;
(c)arranges for the registration of the vehicle.
Meaning of qualified to drive vehicle or run engine
For this Act, a person is qualified to drive a vehicle, or run its engine, if the person—
(a)holds a driver licence of the appropriate class to drive the vehicle and the driver licence is not suspended; and
(b)is not prevented under a law from driving the vehicle at the relevant time.
Example—law preventing person from driving
condition of the person’s licence that the person not drive the vehicle
Meaning of fit to drive vehicle or run engine
For this Act, a person is fit to drive a vehicle, or run its engine, if the person—
(a)is apparently physically and mentally fit to drive the vehicle; and
(b)without limiting paragraph (a), is apparently not affected by alcohol or a drug that affects the person’s fitness to drive; and
(c)is not, at the relevant time, found to have a concentration of alcohol in the person’s blood that exceeds the amount permitted by a territory law; and
(d)is not, at the relevant time, found to have a drug in the person’s blood or oral fluid in contravention of a territory law.
Meaning of authorised to drive or run engine
(1)For this Act, a person is authorised to drive a vehicle if the person—
(a)is the operator of the vehicle; or
(b)has the authority of the operator of the vehicle to drive the vehicle.
(2)For this Act, a person is authorised to run the engine of a vehicle if the person—
(a)is the operator of the vehicle; or
(b)has the authority of the operator of the vehicle to drive the vehicle or run its engine.
(3)To avoid any doubt, a person may be authorised to drive a vehicle or run its engine, whether or not the person is qualified to drive the vehicle or run its engine.
Meaning of unattended vehicle
(1)For this Act, a vehicle is unattended—
(a)if an authorised person is near the vehicle—if there is, after inspection and enquiry by the person that is reasonable in the circumstances, apparently no one in or near the vehicle who appears to be a driver of the vehicle; or
(b)if an authorised person is not near the vehicle but is able to inspect the area near the vehicle by way of a camera or other remote surveillance system—if there is, after inspection by the person that is reasonable in the circumstances, apparently no one in or near the vehicle who appears to be a driver of the vehicle; or
(c)if there appears to be a person (the assumed driver) who is the driver of the vehicle in or near the vehicle—if the authorised person believes on reasonable grounds that—
(i)the assumed driver is not qualified, not fit or not authorised to drive the vehicle; or
(ii)the assumed driver is or appears to be unwilling to drive the vehicle; or
(iii)the assumed driver is subject to a direction under section 47 (Direction to leave pt 3.2 vehicle) in relation to the vehicle.
(2)In this section:
driver, of a vehicle that is a trailer, and is not connected (either directly or by 1 or more other trailers) to a towing vehicle, means the driver of the towing vehicle of the combination to which the trailer was, or apparently was, last connected.
Meaning of broken-down vehicle or trailer
In this Act:
broken-down means—
(a)for a vehicle—a vehicle that is impossible to drive because the vehicle is disabled through damage, mechanical failure, lack of fuel or a similar reason; and
(b)for a trailer—a trailer that is not connected (either directly or by 1 or more other trailers) to a towing vehicle, whether or not the trailer is also disabled through damage, mechanical failure or a similar reason.
Chapter 2Competent authorities and authorised people
Part 2.1Competent authorities
Competent authorities
(1)The Minister must declare 1 or more entities as competent authorities for this Act.
(2)A declaration is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act.
Competent authority may delegate functions
(1)A competent authority may delegate the authority’s functions under this Act to—
(a)an authorised person appointed by the authority; or
(b)a police officer; or
(c)a public employee; or
(d)another person prescribed by regulation.
Note 1For the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4.
Note 2In particular, the delegation must be in writing (see Legislation Act, s 232).
Note 3A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).
(2)However, subsection (1) does not apply to the authority’s function to appoint an authorised person.
Competent authority may give information to corresponding authority
A competent authority may give the following information to a corresponding authority:
(a)information about any action taken by the competent authority under this Act;
(b)any information obtained under this Act, including any information contained in a record, device or other thing inspected or seized under this Act.
NoteA reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).
Part 2.2Authorised people
Authorised people
(1)Each of the following is an authorised person for this Act:
(a)a competent authority;
(b)a police officer;
(c)a person appointed under subsection (2).
(2)A competent authority (the appointing competent authority) may appoint a person as an authorised person for this Act.
Note 1For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.
Note 2In particular, a person may be appointed for a particular provision of a law (see Legislation Act, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207).
Identity cards
(1)The appointing competent authority must give an authorised person (other than a police officer) an identity card stating the authorised person’s name and that the person is an authorised person.
(2)The identity card must show—
(a)a recent photograph of the authorised person; and
(b)the card’s date of issue and expiry; and
(c)anything else prescribed by regulation.
(3)A person commits an offence if—
(a)the person stops being an authorised person; and
(b)the person does not return the person’s identity card to the appointing competent authority as soon as practicable (but not later than 7 days) after the day the person stops being an authorised person.
Maximum penalty: 1 penalty unit.
(4)Subsection (3) does not apply to a person if the person’s identity card has been—
(a)lost or stolen; or
(b)destroyed by someone other than the person.
NoteThe defendant has an evidential burden in relation to the matters mentioned in s (4) (see Criminal Code, s 58).
(5)An offence against this section is a strict liability offence.
Production of identity cards
(1)An authorised person who is not a police officer must—
(a)carry the authorised person’s identity card while exercising a function under this Act; and
(b)produce the card before exercising a function under this Act.
Note 1A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).
Note 2An authorised person must produce the card in certain circumstances (see pt 3.5).
(2)A police officer exercising a function as an authorised person under this Act must comply with a request to identify themselves by—
(a)producing evidence that the person is a police officer; or
(b)stating orally or in writing the person’s name, rank and place of duty.
(3)Subsection (2) does not apply in relation to a police officer in uniform.
25AImpersonating authorised person
A person must not impersonate an authorised person.
Maximum penalty: 60 penalty units.
25BObstructing or hindering authorised person
(1)A person commits an offence if—
(a)the person, without reasonable excuse, obstructs or hinders—
(i)an authorised person in the exercise of the authorised person’s functions under this Act; or
(ii)a person assisting an authorised person in the exercise of the authorised person’s functions under this Act; and
(b)the authorised person’s functions were being exercised lawfully.
Maximum penalty: 60 penalty units.
(2)Without limiting subsection (1) (b), a function is exercised lawfully if it is—
(a)exercisable without consent; or
(b)exercised with consent or under a warrant.
Reciprocal powers agreements
(1)This section has effect in relation to another jurisdiction if the corresponding law of the other jurisdiction contains provisions corresponding to this section.
(2)The Minister may enter into an agreement (a reciprocal powers agreement) with a Minister of the other jurisdiction—
(a)for section 27; and
(b)to amend or revoke the agreement.
(3)A reciprocal powers agreement is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act.
Reciprocal powers agreements—functions
(1)To the extent anticipated by a reciprocal powers agreement with another jurisdiction—
(a)an authorised person (including a police officer) may, in the ACT or other jurisdiction, exercise functions given to an interstate authorised person under the corresponding law of the other jurisdiction; and
(b)a police officer may, in the ACT or other jurisdiction, exercise functions given to an interstate police officer under the corresponding law of the other jurisdiction; and
(c)an interstate authorised person of the other jurisdiction may, in the ACT or other jurisdiction, exercise functions given to authorised people (other than police officers in their capacity as police officers) under this Act; and
(d)an interstate police officer of the other jurisdiction may, in the ACT or other jurisdiction, exercise functions given to an authorised person (including a police officer) under this Act.
(2)Anything done or omitted to be done by an authorised person or police officer under subsection (1) (a) or (b) is taken to have been done under this Act as well as under the corresponding law.
(3)A regulation may make provision for the exercise of functions under this section.
NoteA reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).
(4)In this section:
interstate authorised person, of another jurisdiction, means an authorised person (however described), other than a police officer, of the other jurisdiction.
interstate police officer, of another jurisdiction, means a police officer of the other jurisdiction.
Chapter 3Road transport
Part 3.1Offences—licensing, safety and insurance obligations
Offences—licensing of vehicles transporting dangerous goods
(1)A prime contractor must not use a vehicle to transport dangerous goods (other than as the driver of the vehicle) if—
(a)a regulation requires the vehicle to be licensed to transport the goods; and
(b)the vehicle is not licensed as required.
Maximum penalty: 500 penalty units, imprisonment for 2 years or both.
(2)A person must not consign dangerous goods for transport in a vehicle if the person knows, or ought reasonably to know, that—
(a)a regulation requires the vehicle to be licensed to transport the goods; and
(b)the vehicle is not licensed as required.
Maximum penalty: 500 penalty units, imprisonment for 2 years or both.
(3)A person must not drive a vehicle transporting dangerous goods if—
(a)a regulation requires the vehicle to be licensed to transport the goods; and
(b)the vehicle is not licensed as required.
Maximum penalty: 100 penalty units.
(4)Strict liability applies to subsection (3).
Offences—licensing of drivers transporting dangerous goods
(1)A person commits an offence if—
(a)the person employs, engages, causes or permits someone else to drive a vehicle transporting dangerous goods; and
(b)the other person is required by regulation to be licensed to drive the vehicle; and
(c)the other person is not licensed as required.
Maximum penalty: 500 penalty units, imprisonment for 2 years or both.
(2)A person must not drive a vehicle transporting dangerous goods if—
(a)a regulation requires the person to be licensed to drive the vehicle; and
(b)the person is not licensed as required.
Maximum penalty: 100 penalty units.
(3)Strict liability applies to subsections (1) (b) and (2).
Offences—goods too dangerous to be transported
(1)A person commits an offence if—
(a)the person consigns goods for transport by road; and
(b)a regulation identifies the goods as being goods too dangerous to be transported; and
(c)the person is negligent about whether the goods are goods too dangerous to be transported.
Maximum penalty: 500 penalty units, imprisonment for 2 years or both.
(2)A person commits an offence if—
(a)the person arranges the transport of goods in a vehicle owned or controlled by the person; and
(b)a regulation identifies the goods as being goods too dangerous to be transported; and
(c)the person is negligent about whether the goods are goods too dangerous to be transported.
Maximum penalty: 500 penalty units, imprisonment for 2 years or both.
Offence—s 30 conduct causing death or serious injury
(1)A person commits an offence if—
(a)the person engages in conduct that is a physical element of an offence mentioned in section 30; and
(b)the conduct causes the death of, or serious injury to, someone else; and
(c)the person intends to cause, or is reckless about causing, the death of, or serious injury to, the other person or anyone else by the conduct.
Maximum penalty: 1 000 penalty units, imprisonment for 4 years or both.
(2)In this section:
causes death or serious injury—a person causes death or serious injury if the person’s conduct substantially contributes to the death or injury.
conduct includes omission.
Alternative verdicts—s 30 conduct causing death or serious injury
(1)This section applies if, in a prosecution for an offence against section 31, the trier of fact is not satisfied beyond reasonable doubt that the defendant committed the offence but is satisfied beyond reasonable doubt that the defendant committed the offence against section 30 (Offences—goods too dangerous to be transported).
(2)The trier of fact may find the defendant guilty of the offence against section 30, but only if the defendant has been given procedural fairness in relation to that finding of guilt.
Offences—transport of dangerous goods
(1)A person commits an offence if the person—
(a)is involved in the transport of dangerous goods by road; and
(b)fails to ensure that the goods are transported in a safe way.
Maximum penalty: 500 penalty units, imprisonment for 2 years or both.
(2)A person commits an offence if the person—
(a)is involved in the transport of dangerous goods by road; and
(b)fails to comply with this Act; and
NoteA reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).
(c)knows or ought reasonably to know that the failure is likely to endanger—
(i)the safety of people; or
(ii)property or the environment.
Maximum penalty: 500 penalty units, imprisonment for 2 years or both.
(3)It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that—
(a)the defendant, as far as practicable, ensured that the goods were transported in a safe way; or
(b)the—
(i)offence is brought about by someone else over whom the defendant has no control or by a non-human act or event over which the defendant has no control; and
(ii)defendant could not reasonably have been expected to guard against the bringing about of the offence.
NoteThe defendant has a legal burden in relation to the matters mentioned in s (3) (see Criminal Code, s 59).
Offence—s 33 conduct causing death or serious injury
(1)A person commits an offence if—
(a)the person engages in conduct that is a physical element of an offence mentioned in section 33; and
(b)the conduct causes the death of, or serious injury to, someone else; and
(c)the person intends to cause, or is reckless about causing, the death of, or serious injury to, the other person or anyone else by the conduct.
Maximum penalty: 1 000 penalty units, imprisonment for 4 years or both.
(2)In this section:
causes death or serious injury—see section 31 (2).
conduct—see section 31 (2).
Alternative verdicts—s 33 conduct causing death or serious injury
(1)This section applies if, in a prosecution for an offence against section 34, the trier of fact is not satisfied beyond reasonable doubt that the defendant committed the offence but is satisfied beyond reasonable doubt that the defendant committed the offence against section 33 (Offences—transport of dangerous goods).
(2)The trier of fact may find the defendant guilty of the offence against section 33, but only if the defendant has been given procedural fairness in relation to that finding of guilt.
Offence—vehicle not insured or approved—owner
(1)The owner of a vehicle commits an offence—
(a)if the owner uses the vehicle, or permits it to be used, to transport a placard load; and
(b)if—
(i)the use of the vehicle is not covered by an insurance policy or other form of indemnity for an amount not less than $5 000 000 or, if another amount is prescribed by regulation, the prescribed amount in relation to—
(A)personal injury, death, property damage and other damage (except consequential economic loss) arising out of any fire, explosion, leakage or spillage of dangerous goods in or from the vehicle or any packaging transported in the vehicle; and
(B)costs incurred by or on behalf of a Commonwealth, State or Territory government authority in a clean‑up resulting from such a fire, explosion, leakage or spillage; or
(ii)if—
(A)the owner does not have an approval under a regulation in relation to the use of the vehicle; or
(B)the owner has an approval under a regulation in relation to the use of the vehicle, but is not complying with any relevant condition of the approval.
Maximum penalty: 50 penalty units.
(2)An offence against this section is a strict liability offence.
(3)In this section:
vehicle means each load-bearing vehicle, whether or not a motor vehicle and whether or not it is being used in combination with another vehicle.
Offence—vehicle not insured or approved—prime contractor
(1)A prime contractor commits an offence—
(a)if the prime contractor uses a vehicle to transport a placard load; and
(b)if—
(i)the use of the vehicle is not covered by an insurance policy or other form of indemnity for an amount not less than $5 000 000 or, if another amount is prescribed by regulation, the prescribed amount in relation to—
(A)personal injury, death, property damage and other damage (except consequential economic loss) arising out of any fire, explosion, leakage or spillage of dangerous goods in or from the vehicle or any packaging transported in the vehicle; and
(B)costs incurred by or on behalf of a Commonwealth, State or Territory government authority in a clean‑up resulting from such a fire, explosion, leakage or spillage; or
(ii)if—
(A)the prime contractor does not have an approval under a regulation in relation to the vehicle; or
(B)the prime contractor has an approval under a regulation in relation to the use of the vehicle, but is not complying with any relevant condition of the approval.
Maximum penalty: 50 penalty units.
(2)An offence against this section is a strict liability offence.
(3)In this section:
vehicle—see section 36 (3).
Part 3.2General powers—pt 3.2 vehicles and drivers
Division 3.2.1 Preliminary
Application—pt 3.2
(1)This part applies to a vehicle (a part 3.2 vehicle) if—
(a)1 or more of the following applies to the vehicle:
(i)it has a placard on it;
(ii)it is carrying a container that has a placard on it;
(iii)an authorised person believes on reasonable grounds that it is carrying dangerous goods or goods too dangerous to be transported;
(iv)an authorised person believes on reasonable grounds that it is licensed under a regulation to carry dangerous goods, or that it is used to carry goods for commercial purposes; and
(b)the vehicle is—
(i)on a road or road related area; or
(ii)at a public place; or
(iii)at premises occupied or owned by the Territory, a competent authority or any other public authority; or
(iv)at premises where an authorised person is lawfully present after entry under part 3.5 (Enforcement).
(2)This part applies to the driver of a part 3.2 vehicle who is apparently in or near the vehicle.
(3)In this section:
public place means a place which is open to or used by the public or a section of the public, or used for a public purpose, whether—
(a)by payment, membership of a body or otherwise; or
(b)by entitlement or permission.
Division 3.2.2 Directions in relation to pt 3.2 vehicles
Direction to stop pt 3.2 vehicle
(1)An authorised person may, for compliance purposes, direct—
(a)the driver of a part 3.2 vehicle to stop the vehicle; or
(b)the driver of a part 3.2 vehicle, or anyone else, not to do 1 or more of the following:
(i)move the vehicle;
(ii)interfere with the vehicle or any equipment in the vehicle;
(iii)interfere with the load in the vehicle.
NoteFor when a function is exercised for compliance purposes, see s 9.
(2)A direction to stop a part 3.2 vehicle may require that the vehicle be stopped—
(a)without delay; or
(b)at the nearest place that the vehicle can be safely stopped as indicated by the authorised person.
(3)A direction given under subsection (1) does not prevent an authorised person from giving the driver or another person a later inconsistent direction under another provision of this Act.
NoteA reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).
(4)A direction given under subsection (1) ceases to be operative to the extent that an authorised person—
(a)gives the driver or another person a later inconsistent direction; or
(b)indicates to the person to whom the direction is given that the direction is no longer operative.
(5)An authorised person may direct a part 3.2 vehicle to be stopped only for the amount of time necessary for the person to exercise the function.
(6)In this section:
stop a vehicle means stop the vehicle and keep the vehicle stationary.
Note 1If the driver fails to comply with the direction, the driver may be directed to leave the vehicle (see s 47).
Note 2How a direction may be given is dealt with in s 63.
Note 3General provisions about directions are in pt 3.4.
Offence—fail to comply with direction to stop pt 3.2 vehicle
(1)A person commits an offence if—
(a)the person is subject to a direction under section 39; and
(b)the person fails to comply with the direction.
Maximum penalty: 50 penalty units.
(2)An offence against this section is a strict liability offence.
Direction to move pt 3.2 vehicle
(1)An authorised person may, for compliance purposes, direct the driver of a part 3.2 vehicle to move the vehicle, or cause the vehicle to be moved, to the nearest suitable location, within the maximum distance, that is stated by the authorised person.
NoteFor when a function is exercised for compliance purposes, see s 9.
(2)In this section:
maximum distance, in relation to a vehicle, means a distance (in any direction) within a radius of 30km of—
(a)the location of the vehicle when the direction is given; or
(b)any point along the forward route of the journey, if the direction is given during a journey of the vehicle.
suitable location, for an authorised person giving a direction, means a location that the person believes on reasonable grounds to be suitable for complying with the direction, having regard to any matters the person considers relevant in the circumstances.
Note 1If the driver fails to comply with the direction, the driver may be directed to leave the vehicle (see s 47).
Note 2How a direction may be given is dealt with in s 63.
Note 3General provisions about directions are in pt 3.4.
Offence—fail to comply with direction to move pt 3.2 vehicle
(1)A person commits an offence if the person—
(a)is subject to a direction under section 41; and
(b)fails to comply with the direction.
Maximum penalty: 50 penalty units.
(2)An offence against this section is a strict liability offence.
(3)This section does not apply to a defendant if—
(a)it was not practicable for the defendant to move the vehicle because the vehicle was broken-down; and
(b)the breakdown happened for a physical reason beyond the defendant’s control; and
(c)the breakdown could not be readily rectified in a way that would allow the direction to be complied with within a reasonable time.
NoteThe defendant has an evidential burden in relation to the matters mentioned in s (3) (see Criminal Code, s 58).
Direction to produce document etc
(1)An authorised person may, for compliance purposes, direct the driver of a part 3.2 vehicle to produce—
(a)the driver’s driver licence; or
(b)any licence the driver is required to have under a regulation; or
(c)any transport documentation that is required to be carried in the vehicle under a regulation.
NoteFor when a function is exercised for compliance purposes, see s 9.
(2)The authorised person may seize a licence produced under this section if the person believes on reasonable grounds that—
(a)the licence has been cancelled or suspended; or
(b)the licence has otherwise ceased to have effect; or
(c)the licence has been amended and the amendment is not recorded on the licence; or
(d)the person who produced the licence is not the licensee.
(3)Also, an authorised person to whom a document that appears to be a licence or transport documentation is produced in response to the direction may seize the document if the person believes on reasonable grounds that the document is not a licence or transport documentation.
Note 1If the driver fails to comply with the direction, the driver may be directed to leave the vehicle (see s 47).
Note 2How a direction may be given is dealt with in s 63.
Note 3General provisions about directions are in pt 3.4.
Offence—fail to comply with direction to produce document
(1)A person commits an offence if the person—
(a)is subject to a direction under section 43; and
(b)fails to comply with the direction.
Maximum penalty: 50 penalty units.
(2)An offence against this section is a strict liability offence.
Direction to move pt 3.2 vehicle—dangerous situation, harm or obstruction
(1)This section applies if an authorised person believes on reasonable grounds that a part 3.2 vehicle is—
(a)causing a dangerous situation or is causing serious harm, or creating an imminent risk of serious harm, to road infrastructure; or
(b)causing, or likely to cause, an obstruction to traffic or any event lawfully authorised to be held on a road or road related area; or
(c)obstructing, or likely to obstruct, 1 or more vehicles entering or leaving land adjacent to a road or road related area.
(2)The authorised person may direct the driver of the vehicle, or a person who is apparently in charge of the vehicle, to do either or both of the following:
(a)move the vehicle, or cause the vehicle to be moved, to the extent reasonably necessary to avoid the situation, harm or obstruction;
(b)do anything else reasonably required by the authorised person, or to cause anything else reasonably required by the person to be done, to avoid the situation, harm or obstruction.
Note 1If the driver fails to comply with the direction, the driver may be directed to leave the vehicle (see s 47).
Note 2How a direction may be given is dealt with in s 63.
Note 3General provisions about directions are in pt 3.4.
Offence—fail to comply with direction to move pt 3.2 vehicle—dangerous situation, harm or obstruction
(1)A person commits an offence if the person—
(a)is subject to a direction under section 45; and
(b)fails to comply with the direction.
Maximum penalty: 50 penalty units.
(2)An offence against this section is a strict liability offence.
(3)This section does not apply to a defendant who is given a direction under section 45 (2) (a) if—
(a)it was not practicable for the defendant to move the vehicle because the vehicle was broken-down; and
(b)the breakdown happened for a physical reason beyond the defendant’s control; and
(c)the breakdown could not be readily rectified in a way that would allow the direction to be complied with within a reasonable time.
NoteThe defendant has an evidential burden in relation to the matters mentioned in s (3) (see Criminal Code, s 58).
Direction to leave pt 3.2 vehicle
(1)This section applies if—
(a)the driver of a part 3.2 vehicle fails to comply with a direction given by an authorised person under—
(i)section 39 (Direction to stop pt 3.2 vehicle); or
(ii)section 41 (Direction to move pt 3.2 vehicle); or
(iii)section 43 (Direction to produce document etc); or
(iv)section 45 (Direction to move pt 3.2 vehicle—dangerous situation, harm or obstruction); or
(b)an authorised person believes on reasonable grounds that the driver of a part 3.2 vehicle is not qualified, not fit or not authorised to drive the vehicle in order to comply with the direction.
(2)The authorised person may direct the driver to do 1 or more of the following:
(a)leave the driver’s seat;
(b)leave the vehicle;
(c)not occupy the driver’s seat until allowed to do so by an authorised person;
(d)not enter the vehicle until allowed to do so by an authorised person.
(3)The authorised person may direct anyone else to do either or both of the following:
(a)leave the vehicle;
(b)not enter the vehicle until allowed to do so by an authorised person.
Note 1How a direction may be given is dealt with in s 63.
Note 2General provisions about directions are in pt 3.4.
Offence—fail to comply with direction to leave pt 3.2 vehicle
(1)A person commits an offence if the person—
(a)is subject to a direction under section 47; and
(b)fails to comply with the direction.
Maximum penalty: 50 penalty units.
(2)An offence against this section is a strict liability offence.
Direction in relation to immobilised pt 3.2 vehicle
(1)This section applies if an authorised person believes on reasonable grounds that a part 3.2 vehicle is broken-down or otherwise immobilised on a road or road related area.
(2)The authorised person may give a direction to the driver of the vehicle or a person apparently in charge of the vehicle about 1 or more of the following:
(a)how repair work is to be done on the vehicle;
(b)how the vehicle is to be towed off the road or road related area;
(c)how any goods are to be removed from the vehicle;
(d)how any goods are to be dealt with after their removal from the vehicle.
Note 1How a direction may be given is dealt with in s 63.
Note 2General provisions about directions are in pt 3.4.
Offence—fail to comply with direction in relation to immobilised pt 3.2 vehicle
(1)A person commits an offence if the person—
(a)is subject to a direction under section 49; and
(b)fails to comply with the direction.
Maximum penalty: 50 penalty units.
(2)An offence against this section is a strict liability offence.
Direction in relation to pt 3.2 vehicle—dangerous situation
(1)This section applies if a part 3.2 vehicle is involved in an incident resulting in a dangerous situation.
(2)An authorised person may give directions to the driver or a person apparently in charge of the vehicle about—
(a)the transport of any goods in the vehicle from the place of the incident; or
(b)how otherwise to deal with the goods.
(3)The direction must—
(a)be in writing and signed by the authorised person; and
(b)state the name of the person to whom it is given; and
(c)identify the incident; and
(d)identify the goods to which it relates.
(4)However, if it is not practicable to give the direction in writing, the direction may be given orally and confirmed in writing within 48 hours.
NoteDangerous situation—see the dictionary.
Offence—fail to comply with direction in relation to pt 3.2 vehicle—dangerous situation
(1)A person commits an offence if the person—
(a)is subject to a direction under section 51; and
(b)fails to comply with the direction.
Maximum penalty: 50 penalty units.
(2)An offence against this section is a strict liability offence.
Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.
Republication No and date Effective Last amendment made by Republication for R1 (RI)
6 Apr 20102 Apr 2010–
11 Dec 2011not amended new Act
reissue for republication correctionR2
12 Dec 201112 Dec 2011–
2 Apr 2012A2011‑52 amendments by A2011‑52 R3
3 Apr 20123 Apr 2012–
6 Nov 2013A2011‑52 expiry of transitional provisions (ch 10) R4
7 Nov 2013never effective A2013‑39 (never effective) amendments by A2013‑39 R4 (RI)
24 Feb 20147 Nov 2013–
14 Aug 2017A2013‑39 (never effective) reissued because of High Court decision in relation to A2013‑39 R5
15 Aug 201715 Aug 2017–
28 Mar 2018A2017‑21 amendments by A2017‑21 R6
29 Mar 201829 Mar 2018–
29 Apr 2018A2018‑8 amendments by A2018‑8 R7
30 Apr 201830 Apr 2018–
22 Oct 2018A2018‑8 amendments by A2017‑14 R8
23 Oct 201823 Oct 2018–
8 July 2021A2018‑33 amendments by A2018‑33 R9
9 July 20219 July 2021–
26 Feb 2025A2020‑30 amendments by A2020‑30
Expired transitional or validating provisions
This Act may be affected by transitional or validating provisions that have expired. The expiry does not affect any continuing operation of the provisions (see Legislation Act 2001, s 88 (1)).
Expired provisions are removed from the republished law when the expiry takes effect and are listed in the amendment history using the abbreviation ‘exp’ followed by the date of the expiry.
To find the expired provisions see the version of this Act before the expiry took effect. The ACT legislation register has point-in-time versions of this Act.
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