Dangerous Goods (Transport by Road or Rail) Regulations 2018 (Vic)

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Version No. 003

Dangerous Goods (Transport by Road or Rail) Regulations 2018

S.R. No. 155/2018

Version incorporating amendments as at


1 October 2023

TABLE OF PROVISIONS

Regulation  Page

Part 1—Preliminary

Division 1—Introductory matters

1Objectives

2Authorising provision

3Commencement

4Revocation

Division 2—Interpretation

Subdivision 1—General

5Definitions

6Documents applied, adopted, incorporated by, or referred to in these Regulations

7Inconsistencies between provisions

8References to determinations, exemptions, approvals and licences

9References to amendment of determinations, exemptions, approvals and licences

10Meaning of bulk container

11Meaning of IBC or intermediate bulk container

12Meaning of MEGC or multiple-element gas container

13Meaning of dangerous goods packed in limited quantities or packed in excepted quantities

14Road and road related areas

15References to tank

16References to load

17Meaning of person connected with Victoria

Subdivision 2—Persons with special duties

18Meaning of owner of a vehicle

19Meaning of consigns and consignor

20Meaning of packs and packer

21Meaning of loads and loader

22Meaning of prime contractor and rail operator

Division 3—Application

22ARegulations apply in relation to certain goods

23Regulations do not apply in certain circumstances relating to dangerous situations

24Exempt transport

25Further exemptions

26Special provisions for tools of trade and dangerous goods for private use

Division 4—Training

27Instruction and training

28Approvals—tests and training courses for drivers

Division 5—Provisions about offences generally

29Goods suspected of being dangerous goods

Division 6—Determinations

30Determinations—dangerous goods and packaging

31Determinations—vehicles, routes, areas and times

32Administrative determinations

33Determinations may be subject to conditions

34Effect of determinations on contrary obligations under these Regulations

35Register of determinations

36Records of determinations

37Offences related to determinations

Part 2—Key concepts

39Goods too dangerous to be transported

40UN Classes and UN Divisions of dangerous goods

41Subsidiary Hazard

42Packing Group

43Incompatibility

Part 3—Transport of dangerous goods to which special provisions apply

44Application of this Part

45Consignors

46Packers

47Loaders

48Prime contractors and rail operators

49Drivers

Part 4—Packaging

Division 1—General

50Application of this Part

51References to Part 4 of the ADG Code include Dangerous Goods List requirements

Division 2—Suitability and design of packaging

52Suitability of packaging for transport

53Marking packaging

54Applications for approval of packaging design

55Approval of packaging designs

56Test certificates

57Approval of overpacks

58Authorised person or body may issue approvals

Division 3—Prohibition on the sale or supply of non‑compliant packaging

59Offence to sell or supply non-compliant packaging

Division 4—Offences relating to general packaging

60Meaning of general packaging in this Division

61Consignors

62Packers

63Loaders

64Prime contractors and rail operators

65Drivers

Division 5—Offences relating to specific packaging

66Meaning of specific packaging in this Division

67Manufacturers—compliance plates on portable tanks, MEGCs and tank vehicles

68Owners—portable tanks, demountable tanks and MEGCs

69Consignors

70Packers

71Loaders

72Prime contractors and rail operators

73Road vehicle drivers

Division 6—Offences relating to overpacks

74Consignors

75Packers

76Loaders

77Prime contractors and rail operators

78Drivers

Part 5—Consignment procedures

Division 1—Marking and labelling

79Meaning of appropriately marked

80Consignors

81Packers

82Prime contractors and rail operators

Division 2—Placarding

83Meaning of placard load

84Meaning of appropriately placarded

85Consignors

86Loaders

87Prime contractors and rail operators

88Drivers

Part 6—Safety standards—vehicles and equipment

89Owners

90Consignors

91Loaders

92Prime contractors and rail operators

93Drivers

Part 7—Transport operations relating to certain dangerous goods

Division 1—Self‑reactive substances, organic peroxides and certain other substances

94Application

95Consignors

96Loaders

97Prime contractors and rail operators

98Drivers

Division 2—Goods too dangerous to be transported

99Application

100Loaders

101Prime contractors and rail operators

102Drivers

Division 3—Nominally empty storage vessels

102ADefinition

102BConsignors

102CLoaders

102DPrime contractors and rail operators

102EDrivers

Part 8—Stowage and restraint

103Consignors

104Loaders

105Prime contractors and rail operators

106Drivers

Part 9—Segregation

107Application of Part

108Exception for certain goods for driver's personal use

109Consignors

110Loaders

111Prime contractors

112Rail operators

113Drivers

114Approvals—Type II segregation devices

115Approvals—methods of segregation

Part 10—Bulk transfer of dangerous goods

Division 1—General

116Meaning of bulk transfer

Division 2—Equipment and transfer

117When must hose assemblies not be used?

118Bulk transfer of dangerous goods

119Occupiers

120Prime contractors

121Rail operators

Division 3—Filling ratio and ullage

122Application of Division

123Transferors

124Prime contractors and rail operators

125Drivers

Part 11—Documentation

Division 1—Transport documentation

126False or misleading information

127Consignors—transport by road

128Consignors—transport by rail

129Prime contractors

130Rail operators

131Drivers

132Train drivers

133Prime contractors duties—retention of documents

Division 2—Emergency information

134Meaning of required emergency information

135Consignors

136Prime contractors

137Rail operators

138Drivers

139Train drivers

140Approvals—emergency information

Division 3—Dangerous goods packed in limited quantities

140AConsignors

140BPrime contractors

140CFalse or misleading information

Part 12—Safety equipment

141Owners

142Prime contractors

143Drivers

Part 13—Procedures during transport

Division 1—Immobilised and stopped vehicles

144Drivers

145Prime contractors

146Rail operators

Division 2—General precautions—driver's duties

147Driving

148Parking

149Control of ignition sources

150Unloading

151Detaching a trailer

152Road tank vehicle equipped with burner

Division 3—General precautions—prime contractor's duties

152AParking

152BUnloading

152CDetaching trailer

152DRoad tank vehicle equipped with burner

Part 14—Emergencies

Division 1—Emergencies generally

153Drivers of road vehicles or trains

154Prime contractors and rail operators—food or food packaging

Division 2—Emergencies involving placard loads

155Telephone advisory service

156Emergency plans

157Consignors—information and resources

158Prime contractors and rail operators—information and resources

Part 15—Mutual recognition

Division 1—Registers of determinations, exemptions, approvals and licences

159Registers

160Registers may be kept electronically

161Inspection of registers

Division 2—Recommendations by Authority and corresponding Authorities

162Recommendations by Authority

163Recommendations by corresponding Authorities

Division 3—Mutual recognition of determinations, exemptions, approvals and licences

164Corresponding determinations

165Corresponding exemptions

166Corresponding approvals

167Corresponding licences

168Reference of determination, exemption or approval to CAP for the purposes of mutual recognition

Part 16—Exemptions

Division 1—General

169Exemptions

170Amendment and revocation of exemptions and conditions

171Review of exemption etc.

172Applications for exemptions

173Register of exemptions

174Records of exemptions

Division 2—Reference of matters to CAP

175References to CAP

Part 17—Administrative determinations and approvals

Division 1—General

176Applications

177Administrative determinations and approvals

178Reasons for refusal of applications

179Periods and conditions

180Replacement administrative determinations and approvals

181Grounds for revoking administrative determinations and approvals

182Grounds for amending administrative determinations and approvals

Division 2—Reference of determinations to CAP

183References to CAP

Division 3—Register of approvals

184Register of approvals

185Records of approvals

Division 4—Reference of approval matters to CAP

186References to CAP

Division 5—Revocation and amendment

187Revocation and amendment in dangerous situations etc.

188Amendment of administrative determinations and approvals on application

189Revocation and amendment in other circumstances

190When revocation or amendment takes effect

Part 18—Licences

Division 1—Preliminary

191Definitions

192Application of Part

193Authority may authorise person or body to issue licences

Division 2—Requirement of drivers and vehicles to be licensed

194Driver to be licensed

195Vehicle to be licensed

Division 3—Dangerous goods driver licences

196Competency standards and statement of attainment

197Application for licence

198Required driver licence evidence

199Required competency evidence

200Required medical fitness evidence

201Issue of dangerous goods driver licence

202Form of evidence of licence document

203Application for renewal of licence

204Renewal of licence

205Licence periods

206Licence conditions

207Additional condition

208Grounds for revoking, suspending or amending licence

209Licence to be carried

Division 4—Dangerous goods vehicle licences

210Meaning of relevant vehicle

211Application for licence or renewal of licence

212Additional information and inspections

213Issue of dangerous goods vehicle licence

214Licence periods

215Licence conditions

216Disposal and transfer of licensed relevant vehicles

217Grounds for revoking, suspending or amending licences generally

218Grounds for revoking, suspending or amending licences for road vehicles

Division 5—Licences generally

219Procedure if licensing authority proposes to refuse to issue or renew a licence

220Replacement licences

221Surrender of licences

222Registers of dangerous goods driver or vehicle licences

223Records of licences

224Change of information given in licence applications

225Production of licences to licensing authority

226Return of licences

Division 6—Revocation, suspension and amendment

227Revocation, suspension and amendment in dangerous situations

228Revocation and suspension giving effect to court orders

229Amendment of licence on application

230Revocation, suspension and amendment in other circumstances

231When revocation, suspension or amendment takes effect

232When licences taken to be suspended

233Evidence of licence document to be returned on request if licence is amended

234Automatic suspension or revocation of licence after recommendation by corresponding Authority

Part 19—Review of decisions

235What is a reviewable decision?

236Who is an eligible person?

237Application for internal review

238Process for new decisions to be started within 7 days

239Notices of decisions must contain a copy of review rights

Part 20—Insurance

240Definitions

241Owners

242Prime contractors

243Requiring evidence of insurance etc.

244Approvals—insurance

Part 21—Regulation references in ADG Code

245Modification of regulation references in ADG Code

Part 22—Consequential amendments

246Amendments to the Dangerous Goods (Explosives) Regulations 2011

247Amendments to the Dangerous Goods (Storage and Handling) Regulations 2012

Schedule 1—Revoked Regulations

═════════════

Endnotes

1      General information

2      Table of Amendments

3      Explanatory details

Version No. 003

Dangerous Goods (Transport by Road or Rail) Regulations 2018

S.R. No. 155/2018

Version incorporating amendments as at


1 October 2023

PART 1—PRELIMINARY

Division 1—Introductory matters

1Objectives

The objectives of these Regulations are—

(a)to set out the obligations of persons involved in the transport of dangerous goods over land; and

(b)to reduce as far as practicable the risk of personal injury, death, property damage and environmental harm arising from the transport of dangerous goods over land; and

(c)to give effect to the standards, requirements and procedures of the ADG Code so far as they apply to the transport of dangerous goods over land; and

(d)to promote consistency between the standards, requirements and procedures applying to the land transport of dangerous goods and other modes of transport; and

(e)to make consequential amendments to the Dangerous Goods (Explosives) Regulations 2011 and the Dangerous Goods (Storage and Handling) Regulations 2012.

2Authorising provision

These Regulations are made under section 52 of the Dangerous Goods Act 1985.

3Commencement

These Regulations come into operation on 25 October 2018.

4Revocation

The Regulations set out in Schedule 1 are revoked.

Division 2—Interpretation

Subdivision 1—General

5Definitions

In these Regulations, unless the contrary intention appears—

administrative determination has the meaning given by regulation 32;

aggregate quantity, in relation to a load containing dangerous goods, means the total of—

(a)the number of kilograms of—

(i)solid dangerous goods; and

(ii)articles, including aerosols—

in the load; and

(b)the number of litres or kilograms, being whichever is used in the transport documentation for the load to describe the goods, of liquid dangerous goods in the load; and

(c)the total capacity in litres of receptacles in the load containing dangerous goods of UN Class 2 (except aerosols);

appropriately marked has the meaning given by regulation 79;

appropriately placarded has the meaning given by regulation 84;

approval means an approval by the Authority or an authorised body under these Regulations which is in effect;

approved packaging means—

(a)packaging of a design that is approved under regulation 55; or

(b)foreign approved packaging;

approved tank means—

(a)a tank of a design that is approved under regulation 55; or

(b)a foreign approved tank;

approved test means a test that is approved under regulation 28(1)(a);

approved training course means a training course that is approved under regulation 28(1)(b);

article means a manufactured item, other than a fluid or particle, that—

(a)is formed into a particular shape or design during manufacture; and

(b)has hazardous properties and a function that are wholly or partly dependent on that shape or design—

and includes batteries, aerosols, gas-filled lighters, seat belt pre-tensioners and refrigerating machines;

Assessing Fitness to Drive Medical Standards means the "Assessing Fitness to Drive for commercial and private vehicle drivers. 2016 Medical standards for licensing and clinical management guidelines", published by Austroads Ltd, as amended from time to time;

authorised body means a person or body authorised to issue approvals under regulation 58;

bulk container has the meaning given by regulation 10;

capacitymeans the total internal volume of a packaging at a temperature of 15°C, expressed in litres or cubic metres;

cargo transport unit means—

(a)a road transport tank or freight vehicle; or

(b)a railway transport tank or freight wagon; or

(c)a portable tank; or

(d)a bulk container; or

(e)a freight container; or

(f)a MEGC;

Competent Authorities Panel or CAP means the body established by the Competent Authorities Panel Rules[1];

consigns and consignor have the meaning given by regulation 19;

corresponding approval means an approval to which regulation 166 applies;

corresponding dangerous goods driver licence means a licence to which regulation 167 applies that has effect in Victoria as a dangerous goods driver licence;

corresponding dangerous goods vehicle licence means a licence to which regulation 167 applies that has effect in Victoria as a dangerous goods vehicle licence;

corresponding determination means a determination to which regulation 164 applies;

corresponding exemption means an exemption to which regulation 165 applies;

*                *                *                *                *

dangerous goods driver licence means a licence that is in effect under Division 3 of Part 18;

Dangerous Goods List means the list set out in section 3.2.3 of the ADG Code;

dangerous goods vehicle licence means a licence that is in effect under Division 4 of Part 18;

dangerous situation means a situation that is causing or is likely to cause imminent risk of—

(a)death or serious injury to a person; or

(b)significant harm to the environment; or

(c)significant damage to property;

demountable tank means a tank, other than a portable tank, that is designed to be carried on a vehicle but that does not form part of and is not permanently attached to the vehicle and is designed to be removable;

determination means a determination that is made by the Authority under Division 6 of this Part and that is in effect;

driver licence means a licence (other than a provisional or learner licence) issued under a State or Territory law authorising the licensee to drive a road vehicle;

driver licences register means a register kept by the driver licensing authority of the relevant State or Territory containing information about any licence authorising the licensee to drive a road vehicle;

emergency service means—

(a)an urban or rural fire brigade (including the Country Fire Authority) within the meaning of the Country Fire Authority Act 1958; or

(b)a metropolitan fire brigade; or

(c)Ambulance Service—Victoria within the meaning of the Ambulance Services Act 1986; or

(d)the Victoria State Emergency Service Authority established under section 4 of the Victoria State Emergency Service Act 2005; or

(e)Victoria Police within the meaning of the Victoria Police Act 2013; or

(f)an ambulance, fire, police or other emergency service of a participating jurisdiction; or

(g)a unit of the Defence Force corresponding to a service mentioned in paragraphs (a) to (f);

*                *                *                *                *

exemption means an exemption in force under Part 16;

foodincludes—

(a)a substance prepared or intended for human or animal consumption; and

(b)a substance (except dangerous goods) intended to be an ingredient of food;

food packaging means—

(a)a receptacle that contains, or is designed or intended to contain, food; or

(b)material designed or intended to be used in a receptacle that is designed or intended to contain food; or

(c)plastic wrapping intended for the packaging of food;

foreign approved, in relation to packaging, means packaging that has originated outside Australia and that has the markings required by Part 6 of the ADG Code for packaging of its type;

freight container means a container that—

(a)is of a permanent character suitable for repeated use; and

(b)is designed to facilitate the transport of goods by one or more modes of transport, without the need for the goods to be unloaded and reloaded when the container is transferred from one mode to another; and

(c)is fitted with devices that permit the ready stowage and handling of the container, particularly in relation to the transfer of the container from one mode of transport to another; and

(d)is designed in a way that facilitates the ease of loading and unloading of goods from the container; and

(e)if used to transport goods other than radioactive material, has an internal volume of not less than 1 m3;

goods too dangerous to be transported has the meaning given by regulation 39;

hose assembly means a hose, or hoses connected together, for use in the transfer of dangerous goods to or from a tank on a vehicle, portable tank or storage receptacle 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 the tank; and

(c)anything else (except the vehicle, portable tank or storage receptacle) attached to the hose or hoses;

IBC or intermediate bulk container has the meaning given by regulation 11;

ICAO approved means approved in accordance with the ICAO Technical Instructions;

ICAO Technical Instructions means the Technical Instructions for the Safe Transport of Dangerous Goods by Air published by the International Civil Aviation Organization (ICAO), as amended from time to time;

IMDG Code means the "International Maritime Dangerous Goods Code" published by the International Maritime Organization (IMO), as amended from time to time;

IMO approved means approved in accordance with the IMDG Code;

incompatible, in relation to dangerous goods or other goods, has the meaning given by regulation 43;

inner packaging has the same meaning as in section 1.2.1 of the ADG Code;

intermediate packaging has the same meaning as in section 1.2.1 of the ADG Code;

jurisdiction means the Commonwealth or a State or Territory;

large packaging means packaging that—

(a)consists of outer packaging that contains articles or inner packaging; and

(b)is designed for mechanical handling; and

(c)has—

(i)a net mass of more than 400 kg or a capacity of more than 450 litres; and

(ii)a volume of not more than 3 m3;

licensed vehicle means a vehicle for which a dangerous goods vehicle licence is in force;

load (noun) has the meaning given by regulation 16;

loads (verb) and loader have the meanings given by regulation 21;

MEGCor multiple‑element gas container has the meaning given by regulation 12;

Ministerial Council means the body (however described) that consists of the Minister of the Commonwealth, and the Minister of each State and Territory, who is responsible, or principally responsible, for matters relating to infrastructure and transport;

mobile processing unit means a vehicle, or a moveable piece of equipment, designed to transport the constituents of a bulk ammonium nitrate‑based explosive to the place where the explosive will be manufactured and used, but does not include a trailer;

motor vehicle has the same meaning as it has in the Road Safety Act 1986;

multimodal means applicable to, or suitable for use on, more than one mode of transport;

NATA means the National Association of Testing Authorities, Australia;

National Transport Commission is a body corporate established under section 5 of the National Transport Commission Act 2003 of the Commonwealth;

outer packaging has the same meaning as in section 1.2.1 of the ADG Code;

overpack means an enclosure, other than large packaging, used to contain one or more packages in a way that forms one unit for convenience of stowage and handling during transport;

Examples

·     an enclosure comprised of packages placed or stacked on a pallet and secured by strapping, shrink wrapping, stretch wrapping or another suitable way;

·     an enclosure comprised of packages placed in protective outer packaging like a box or crate.

owner, of a vehicle, has the meaning given by regulation 18;

package, in relation to goods, means the complete product of the packing of the goods for transport, and consists of goods and their packaging;

packaging includes—

(a)inner packaging, intermediate packaging, outer packaging, an overpack, large packaging, an IBC, an MEGC, a tank (including the tank of a tank vehicle), a bulk container, a freight container, a drum, a barrel, a jerry can, a box and a bag; and

(b)any other components or materials used for containing the contents of the packaging or to perform another safety function in relation to the transport of the packaging and its contents;

packed in excepted quantities has the meaning given in regulation 13(2);

packed in limited quantities has the meaning given by regulation 13(1);

Packing Group has the meaning given by regulation 42;

packsand packer have the meanings given by regulation 20;

participating jurisdiction means—

(a)the State of Victoria; and

(b)another State or a Territory that has a law corresponding or substantially corresponding to these Regulations;

person connected with Victoria has the meaning given by regulation 17;

placard has the meaning given by regulation 84(1);

placard load has the meaning given under regulation 83;

portable tank means a tank, used for the transport of a solid, liquid or gas, that—

(a)includes a shell fitted with service equipment and structural equipment necessary for the transport of the solid, liquid or gas; and

(b)is capable of being loaded and unloaded without removing its structural equipment; and

(c)has stabilising components external to its shell and is capable of being lifted when full; and

(d)is designed primarily to be loaded on to a vehicle or vessel and is equipped with skids, mountings or accessories to facilitate mechanical handling; and

(e)if used for transporting a substance of UN Class 1 and UN Class 3 to 9, is a multimodal tank; and

(f)if used for transporting non‑refrigerated, liquefied gases of UN Class 2, is a multimodal tank having a capacity of more than 450 litres; and

(g)if used for transporting refrigerated, liquefied gases of UN Class 2, is a thermally insulated tank having a capacity of more than 450 litres—

but does not include a tank, container or other item specified in section 1.2.1 of the ADG Code as an item not considered to be a portable tank;

pressure drum means a welded transportable pressure receptacle of a capacity exceeding 150 litres and of not more than 1000 litres;

prime contractor has the meaning given by regulation 22(1);

prime mover means a road vehicle that is designed to tow a trailer but does not include a vehicle that has a load carrying capacity in addition to a trailer;

provisional licence means a provisional or probationary licence (but not a learner permit) issued under a State or Territory law authorising the licensee to drive a road vehicle;

rail operator has the meaning given by regulation 22(2);

rail tank wagon means a rail wagon of which a tank forms an integral part;

rail vehicle means a vehicle consisting only of a unit or units of rolling stock;

rail wagonmeans a unit of rolling stock that—

(a)is designed to carry freight by rail; and

(b)bears a unique identifying number or alphanumeric identifier;

receptacle, in relation to a substance or article, means a container that is—

(a)used for receiving and holding the substance or article (including anything that enables the container to be closed); and

(b)in contact with the substance or article;

registered, in relation to a vehicle, means registered under a Commonwealth, State or Territory law;

riskmeans risk of personal injury, death, property damage or harm to the environment;

road and road related area have the meanings given by regulation 14;

road vehicle (except in Part 20) means a vehicle that does not consist of a unit or units of rolling stock;

service equipment, in relation to a tank or MEGC, has the meaning given in section 6.7.2.1, 6.7.3.1, 6.7.4.1 or 6.7.5.1, as the case requires, of the ADG Code;

special provision, for the purposes of Part 3, means the special provisions specified in column 6 of the Dangerous Goods List and listed in Chapter 3.3 of the ADG Code;

structural equipment, in relation to a tank or MEGC, has the meaning given in section 6.7.2.1, 6.7.3.1, 6.7.4.1 or 6.7.5.1, as the case requires, of the ADG Code;

Subsidiary Hazard has the meaning given by regulation 41;

tank has the meaning given by regulation 15;

tank vehicle means a vehicle—

(a)of which a tank forms part; or

(b)to which a tank (other than a portable tank) is attached;

the Actmeans the Dangerous Goods Act 1985;

trailer means a road vehicle that is designed to be towed, or is towed, by another vehicle but does not include a road vehicle propelled by a motor that forms part of a vehicle;

train means 2 or more units of rolling stock (at least one unit of which is a locomotive or self‑propelled unit) that are coupled together;

Example

Rail wagon, rail tank wagon, locomotive, guard's van, crew or passenger carriage and track maintenance vehicle are units of rolling stock.

transport, in relation to dangerous goods, includes—

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

(b)the marking or labelling of packages containing the goods, and the placarding of cargo transport units in or on which the goods are transported; and

(c)other matters incidental to the transport of the goods;

*                *                *                *                *

transport documentation means documentation prepared in accordance with Chapter 11.1 of the ADG Code;

tubemeans a pressure receptacle of seamless or composite construction having a water capacity of more than 150 litres but not more than 3000 litres;

UN Class, for dangerous goods, means the class to which dangerous goods belong in accordance with regulation 40;

UN Division, for dangerous goods, means the division to which dangerous goods of a particular UN Class belong in accordance with regulation 40;

UN Number has the same meaning as in the ADG Code.

6Documents applied, adopted, incorporated by, or referred to in these Regulations

(1)A reference to any document applied, adopted or incorporated by, or referred to in these Regulations is to be read as a reference to that document as in force from time to time.

(2)If the effect of an amendment to any document, other than the ADG Code, applied, adopted or incorporated by, or referred to in these Regulations is to impose a new obligation or to alter an existing obligation under these Regulations, a person may choose to comply with these Regulations as if the amendment had not been made until the expiry of 12 months after the date the amendment takes effect.

Note

See section 10 of the Act for the ADG Code.

7Inconsistencies between provisions

If a provision of any document the whole or any part of which is applied, adopted or incorporated by, or referred to in these Regulations is inconsistent with any provision in these Regulations, the provision of these Regulations prevails to the extent of the inconsistency.

8References to determinations, exemptions, approvals and licences

In these Regulations, a reference to—

(a)a determination, exemption, approval, dangerous goods driver licence or dangerous goods vehicle licence; or

(b)a corresponding determination, exemption, approval, dangerous goods driver licence or dangerous goods vehicle licence—

includes a reference to the determination, exemption, approval or licence as amended.

9References to amendment of determinations, exemptions, approvals and licences

In these Regulations, a reference to the amendment of—

(a)a determination, exemption, approval, dangerous goods driver licence or dangerous goods vehicle licence; or

(b)a corresponding determination, exemption, approval, dangerous goods driver licence or dangerous goods vehicle licence—

includes a reference to an amendment by addition, omission or substitution.

Example

The addition of a new condition to an existing administrative determination.

10Meaning of bulk container

(1)A bulk container is a system for containing solid substances, including any liner or coating of the system, that—

(a)is designed for transporting solid substances that are in direct contact with the system; and

(b)is of a permanent character suitable for repeated use; and

(c)is designed to facilitate the transport of solid substances by one or more modes of transport, without the need for the substances to be unloaded and reloaded when transferred from one mode to another; and

(d)is fitted with devices that permit ready handling; and

(e)has a capacity of not less than 1 m3.

Examples

Freight containers, offshore bulk containers, skips, bulk bins, swap bodies, trough-shaped containers, roller containers, load compartments of vehicles and flexible containers.

(2)Despite subregulation (1), the following are not bulk containers—

(a)an IBC;

(b)large packaging;

(c)a portable tank.

11Meaning of IBC or intermediate bulk container

(1)Subject to subregulation (2), IBC or intermediate bulk container means a rigid or flexible portable packaging for the transport of dangerous goods that complies with the specifications in Chapter 6.5 of the ADG Code and that—

(a)has a capacity of not more than—

(i)for solids of Packing Group I packed in a composite, fibreboard, flexible, wooden, or rigid plastics container, 1500 litres; and

(ii)for solids of Packing Group I packed in a metal container, 3000 litres; and

(iii)for solids or liquids of Packing Groups II and III, 3000 litres; and

(iv)for any other dangerous goods, 3000 litres; and

(b)is designed for mechanical handling.

(2)For the purposes of subregulation (1), rigid or flexible portable packaging that complies with the requirements of Chapter 6.1, 6.3 or 6.6 of the ADG Code is not an IBC.

12Meaning of MEGC or multiple-element gas container

MEGC or multiple‑element gas container means—

(a)multimodal assemblies of cylinders, tubes or bundles of cylinders that are interconnected by a manifold and assembled within a framework; and

(b)service equipment and structural equipment necessary for the transport of gases in the cylinders or tubes.

13Meaning of dangerous goods packed in limited quantities or packed in excepted quantities

(1)Dangerous goods packed in limited quantities means—

(a)goods packed in accordance with Chapter 3.4 of the ADG Code; and

(b)the quantity of dangerous goods in each inner packaging or in each article does not exceed the quantity specified, or referred to, in column 7a of the Dangerous Goods List for those goods.

(2)  Dangerous goods packed in excepted quantities means—

(a)goods assigned to code E1, E2, E3, E4 or E5 in column 7b of the Dangerous Goods List; and

(b)the goods are packed in accordance with Chapter 3.5 of the ADG Code; and

(c)the quantity of dangerous goods does not exceed the quantity specified in section 3.5.1.2 of the ADG Code.

14Road and road related areas

(1)Subject to subregulation (2), road and road related area have the same meanings as they have in the Road Safety Act 1986.

(2)Each reference in these Regulations to a road includes a reference to a road related area.

15References to tank

(1)Unless the context otherwise requires, a reference in these Regulations to a tank is a reference to a portable tank, a road tank vehicle, a rail tank wagon or a receptacle used to contain a solid, liquid or gas.

(2)Despite subregulation (1), a reference in these Regulations to a tank does not include an item mentioned in subregulation (1) that—

(a)is used to transport a gas (as defined in section 2.2.1.1 of the ADG Code); and

(b)has a capacity of less than 450 litres.

16References to load

For the purposes of these Regulations—

(a)all the goods in or on a road vehicle are a single load, even if the vehicle is transporting more than one cargo transport unit; and

(b)all the goods in a cargo transport unit being transported on a rail vehicle are a single load.

17Meaning of person connected with Victoria

In relation to an applicant for an approval, determination or exemption under these Regulations, a person connected with Victoria, means a person who—

(a)in the case of a natural person is domiciled in Victoria or is permanently or temporarily resident in Victoria; or

(b)in the case of a body corporate has a place of business in or carries on business in Victoria or is registered in or incorporated or established under a law of Victoria; or

(c)demonstrates to the satisfaction of the Authority that there is a connection between Victoria and the applicant for an approval, determination or exemption.

Subdivision 2—Persons with special duties

18Meaning of owner of a vehicle

A person is an owner of a vehicle if the person—

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

(b)has possession or use of the vehicle under a credit, hire‑purchase, lease or other agreement, except an agreement requiring the vehicle to be registered in the name of someone else.

19Meaning of consigns and consignor

(1)A person consigns dangerous or other goods for transport, and is the consignor of the goods, if—

(a)the person is named or otherwise identified in transport documentation, with the person's authority, as the consignor of the goods; or

(b)no person is so named or identified, the person to whom subregulation (2) or (3) applies.

(2)This subregulation applies to—

(a)the person who engages a prime contractor or rail operator, either directly or through an agent or other intermediary, to transport the goods; or

(b)if paragraph (a) does not apply to anyone, the person who has possession of, or control over, the goods immediately before the goods are transported; or

(c)if neither paragraph (a) nor (b) applies to anyone, the person who loads a vehicle with the goods, for transport, at a place—

(i)where the goods are awaiting collection; and

(ii)that is unattended (except by the driver) during loading.

(3)If subregulation (2) does not apply to anyone, this subregulation applies to the person who imports the goods into Australia.

20Meaning of packs and packer

A person packs dangerous or other goods for transport, and is a packer of the goods, if the person—

(a)puts the goods in a packaging (even if that packaging is already on a vehicle); or

(b)assembles, places or secures packages in packaging designed to hold, enclose or otherwise contain more than one package (even if that packaging is already on 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).

21Meaning of loads and loader

(1)A person loads dangerous or other goods for transport, and is a loader of the goods, if the person—

(a)loads one or more packages of the goods in or on a vehicle; or

(b)places or secures one or more packages of the goods on 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)Subregulation (1) does not apply to the loading of goods into packaging that is already on a vehicle, nor to the placing or securing of packages in or on a further packaging that is already on a vehicle.

22Meaning of prime contractor and rail operator

(1)A person is the prime contractor for the transport of dangerous or other goods by road if the person, in conducting a business for or involving the transport of dangerous goods by road, has undertaken to be responsible, or is responsible, for the transport of the goods by


road.

(2)A person is a rail operator for the transport of dangerous or other goods by rail if the person has undertaken to be responsible, or is responsible, for—

(a)the transport of the goods by rail; or

(b)the condition of a unit of rolling stock transporting the goods.

Division 3—Application

22ARegulations apply in relation to certain goods

(1)These Regulations apply in relation to goods, dangerous or otherwise, that—

(a)are determined by the Authority to be dangerous goods for the purposes of regulation 30(2); or

(b)satisfy the dangerous goods classification criteria set out, or referred to, in Part 2 of the ADG Code.

(2)Despite subregulation (1)(b), goods that satisfy the dangerous goods classification criteria set out, or referred to, in Part 2 of the ADG Code are not goods in relation to which these Regulations apply if—

(a)the goods are determined by the Authority not to be dangerous goods for the purposes of regulation 30(2); or

(b)the goods are described as not subject to the ADG Code, in a special provision in Chapter 3.3 of the ADG Code that is applied to the goods by column 6 of the Dangerous Goods List in Chapter 3.2 of the ADG Code, and any condition included in that description is met.

23Regulations do not apply in certain circumstances relating to dangerous situations

These Regulations do not apply to the transport of dangerous goods by, or at the direction of, an inspector or an officer of an emergency service, to the extent necessary to avert, eliminate or minimise a dangerous situation.

24Exempt transport

(1)These Regulations do not apply to the transport of a load that contains dangerous goods if all of the following requirements are met—

(a)the load does not contain—

(i)explosives, other than exempt explosives; or

(ii)dangerous goods in a receptacle with a capacity of more than 500 litres; or

(iii)more than 500 kilograms of dangerous goods in a receptacle;

(b)the aggregate quantity of the dangerous goods in the load is less than 25% of a placard load;

(c)the load is not being transported in the course of a business of transporting goods by road;

(d)in relation to transport by rail, the load is not being transported on a passenger train.

(2)In this regulation—

exempt explosives means—

(a)a substance or article that is within UN Division 1.4S; and

(b)a track signal carried in a unit of rolling stock for the safety of persons working in rail transport.

Note

See section 3(1) of the Act for the definition of explosives.

25Further exemptions

(1)These Regulations do not apply to the transport of explosives except if the explosives are being transported with other dangerous goods.

Note

See the Dangerous Goods (Explosives) Regulations 2011 for the transport of explosives.

(2)These Regulations do not apply to the transport by a vehicle of dangerous goods—

(a)in a consignment if the aggregate quantity of dangerous goods is less than the quantity set out in section 1.1.1.2(3)(a) of the ADG Code; or

(b)in the vehicle's fuel tank; or

(c)in an appliance or plant that forms part of the vehicle and that is necessary for its operation; or

(d)that are portable fire fighting equipment or other portable safety equipment and that are part of the safety equipment of the vehicle; or

(e)that are declared to be HCDG and which have no UN Number.

Note

High consequence dangerous goods are regulated by the Dangerous Goods (HCDG) Regulations 2016.

(3)These Regulations do not apply to the transport of dangerous goods by a mobile processing unit for the purpose of manufacturing explosives.

Note

The application of these Regulations is further restricted by section 9 of the Act.

26Special provisions for tools of trade and dangerous goods for private use

(1)This regulation applies to a load (an applicable load) if the following conditions are met—

(a)for loads not including dangerous goods of UN Division 2.1 (other than aerosols), UN Division 2.3 or Packing Group I—the load includes an aggregate quantity of dangerous goods of less than 500;

(b)for loads including dangerous goods of UN Division 2.1 (other than aerosols), UN Division 2.3 or Packing Group I—

(i)the load includes an aggregate quantity of dangerous goods of less than 250; and

(ii)any dangerous goods of UN Division 2.3 or Packing Group I together constitute less than 100 of that aggregate quantity;

(c)the goods are not being transported in the course of a business of transporting goods but are being transported—

(i)by a person who intends to use them; or

(ii)so that they can be used for a commercial purpose.

(2)A person transporting an applicable load is exempt from all obligations imposed by these Regulations other than those imposed by this regulation.

(3)A person must not transport an applicable load unless each package in the load—

(a)complies with the packaging requirements appropriate to the quantity of dangerous goods, as specified in Part 4; and

(b)is appropriately marked; and

(c)is loaded, secured, segregated, unloaded and otherwise transported in such a way as to ensure that—

(i)its packaging remains fit for its purpose; and

(ii)the risk to any person, property or the environment is eliminated, or if it is not possible to eliminate the risk, is minimised to the maximum extent that is practicable.

Penalty:In the case of a natural person, 35 penalty units;

In the case of a body corporate, 175 penalty units.

(4)If an applicable load contains an aggregate quantity of dangerous goods of UN Class 3, 4, 5 or 6 of more than 250, a person must not transport the load—

(a)in the passenger compartment of a vehicle; or

(b)in an enclosed space that is not separated from the passenger compartment of a vehicle.

Penalty:In the case of a natural person, 35 penalty units;

In the case of a body corporate, 175 penalty units.

(5)If an applicable load contains an aggregate quantity of dangerous goods of UN Division 2.1, UN Division 2.3 or Packing Group I of more than 50, a person must not transport the load—

(a)in the passenger compartment of a vehicle; or

(b)in any other enclosed space in the vehicle unless the space is sufficiently ventilated to prevent an accumulation of vapours or fumes that is likely to cause risk.

Penalty:In the case of a natural person, 35 penalty units;

In the case of a body corporate, 175 penalty units.

Division 4—Training

27Instruction and training

(1)This regulation applies to any task involved in the transport of dangerous goods, including the following—

(a)packing dangerous goods;

(b)consigning dangerous goods;

(c)loading dangerous goods;

(d)unloading dangerous goods;

(e)handling fumigated cargo transport units;

(f)marking packages;

(g)placarding placard loads;

(h)preparing transport documentation;

(i)maintaining vehicles and equipment used in the transport of dangerous goods;

(j)driving a vehicle transporting dangerous goods;

(k)being the consignee of dangerous goods;

(l)following the appropriate procedures in accordance with these Regulations in a dangerous situation.

Example

Appropriate procedures would include those associated with the implementation of an emergency plan required under Part 14.

(2)A person who is responsible for management or control of a task must not employ, engage or permit someone else to perform the task if the other person—

(a)has not received, or is not receiving, appropriate instruction and training to enable that other person to perform the task safely and in accordance with these Regulations; or

(b)is not appropriately supervised in performing the task to ensure that other person is able to perform the task safely and in accordance with these Regulations.

Penalty:In the case of a natural person, 35 penalty units;

In the case of a body corporate, 175 penalty units.

(3)A person must not manage or control a task unless—

(a)the person has received appropriate instruction and training to manage or control the task safely and in accordance with these Regulations; or

(b)if that person has not received, or is not receiving, appropriate instruction and training, the person is being appropriately supervised to ensure that the person is able to manage or control the task safely and in accordance with these Regulations.

Example

A person must not manage or control the driving of a vehicle transporting dangerous goods unless the person has received appropriate instruction and training, or is being appropriately supervised by a person who has received appropriate instruction and training, and is licensed (if appropriate) to enable the person to manage or control that task safely and in accordance with these Regulations.

Penalty:In the case of a natural person, 35 penalty units;

In the case of a body corporate, 175 penalty units.

(4)A person must not supervise a task unless the person has received appropriate instruction and training to enable the person to supervise another person to perform the task safely and in accordance with these Regulations.

Penalty:In the case of a natural person, 35 penalty units;

In the case of a body corporate, 175 penalty units.

28Approvals—tests and training courses for drivers

(1)The Authority may, on application in accordance with regulation 176, approve—

(a)a test of competence for drivers of road vehicles transporting dangerous goods; or

(b)a training course for drivers of road vehicles transporting dangerous goods.

(2)The Authority may approve a test of competence or a training course only if the Authority considers that a person who passes the test, or completes the course, will have the skills and knowledge to perform the task to which the test or course relates safely and in accordance with these Regulations.

Division 5—Provisions about offences generally

29Goods suspected of being dangerous goods

If a person suspects, or reasonably ought to suspect, that goods are dangerous goods, the person must not consign or transport them until—

(a)the goods have been classified in accordance with the ADG Code; or

(b)a determination has been made under regulation 30(1)(a) in respect of the goods.

Penalty:In the case of a natural person, 35 penalty units;

In the case of a body corporate, 175 penalty units.

Division 6—Determinations

30Determinations—dangerous goods and packaging

(1)The Authority may determine that goods are or are not—

(a)dangerous goods for the purposes of subregulation (2); or

(b)dangerous goods of a particular UN Class or UN Division; or

(c)dangerous goods with a particular Subsidiary Hazard; or

(d)substances of a particular Packing Group; or

(e)incompatible with particular dangerous goods.

Note

Subsidiary Hazard is defined in regulation 41 and Packing Group is defined in regulation 42.

(2)The Authority may determine that—

(a)particular dangerous goods are or are not too dangerous to be transported; or

(b)particular dangerous goods must not be or may be transported in or on the same cargo transport unit or freight container as other goods, whether or not dangerous goods; or

(c)particular dangerous goods may or may not be transported in any packaging, despite any prohibition or authorisation in the Dangerous Goods List.

31Determinations—vehicles, routes, areas and times

The Authority may determine that particular dangerous goods may be or must or must not be transported—

(a)using a specified vehicle, or kind of vehicle; or

(b)on a specified route; or

(c)in or through a specified area; or

(d)at a specified time; or

(e)in quantities in excess of a specified amount; or

(f)in specified packaging.

32Administrative determinations

(1)A determination is an administrative determination if—

(a)the determination—

(i)is made on the application of a person; and

(ii)applies only to that person; or

(b)the determination—

(i)is made on the initiative of the Authority; and

(ii)applies to one or more persons named in the determination; and

(iii)does not impose any obligation on any person, other than any conditions imposed in relation to the determination.

(2)A determination made on the initiative of the Authority may be amended on the initiative of the Authority.

Note

See Part 17 for further provisions relating to administrative determinations.

33Determinations may be subject to conditions

(1)In making a determination, the Authority may impose in relation to the determination any condition necessary for the safe transport of dangerous goods.

(2)A person to whom a determination applies must not contravene a condition of the determination.

Penalty:In the case of a natural person, 35 penalty units;

In the case of a body corporate, 175 penalty units.

34Effect of determinations on contrary obligations under these Regulations

If these Regulations impose an obligation on a person, and the person is authorised or permitted to act contrary to that obligation by a determination made under this Division, that person is deemed to have met that obligation if that person acts in accordance with the determination.

35Register of determinations

(1)Subject to subregulation (2), the Authority must keep a register of determinations.

(2)Subregulation (1) does not apply if a corresponding Authority is endorsed or approved by the CAP to keep a central register of determinations.

(3)The register may have separate divisions for different kinds of determinations.

(4)The Authority must record in the register—

(a)each determination made under these Regulations that is not an administrative determination; and

(b)each corresponding determination.

(5)The Authority must note in the register—

(a)the revocation of a determination made under these Regulations; and

(b)a decision of CAP reversing a decision that a corresponding determination should have effect in all participating jurisdictions or participating jurisdictions including Victoria.

36Records of determinations

The record of a determination in the register must include—

(a)the provisions of the determination; or

(b)the following information—

(i)the title of the Government Gazette if the determination was notified or published and the date of notification or publication;

(ii)the provisions of these Regulations and of the ADG Code, to which the determination relates;

(iii)the dangerous goods, equipment, packaging, vehicle or other thing to which the determination relates.

37Offences related to determinations

(1)If a determination under this Division, or a condition attached to the determination, prohibits or regulates the doing of any thing, a person to whom the determination applies must not do that thing contrary to the determination or condition.

Penalty:In the case of a natural person, 35 penalty units;

In the case of a body corporate, 175 penalty units.

(2)Subregulation (1) does not apply in the circumstance that the person did not know, and could not reasonably have been expected to know, of the determination, or that the determination applied to the person.

PART 2—KEY CONCEPTS

*                *                *                *                *

39Goods too dangerous to be transported

Dangerous goods are goods too dangerous to be transported if they are—

(a)goods set out or described in Appendix A to the ADG Code; or

(b)goods determined under regulation 30(2)(a) to be too dangerous to be transported; or

(c)goods (other than goods mentioned in paragraph (a) or (b)) that are so sensitive or unstable that they cannot be safely transported even if the relevant requirements of these Regulations and the ADG Code are complied with.

Note

Section 31A of the Act provides that a person must not consign for transport goods that these Regulations identify as being too dangerous to be transported.

40UN Classes and UN Divisions of dangerous goods

The UN Class or UN Division of particular dangerous goods for the purposes of these Regulations is—

(a)if a determination under regulation 30(1)(b) that the goods are of a particular UN Class or UN Division is in effect in relation to the goods, the UN Class or UN Division specified in the determination; or

(b)if no such determination is in effect, the UN Class or UN Division determined for the goods in accordance with the ADG Code.

41Subsidiary Hazard

The Subsidiary Hazard, if any, of particular dangerous goods for the purposes of these Regulations is—

(a)in the case that a determination under regulation 30(1)(c) for the goods is in effect, the Subsidiary Hazard specified in the determination; or

(b)if no such determination is in effect, the Subsidiary Hazard determined for the goods in accordance with the ADG Code.

42Packing Group

The Packing Group, if any, of particular dangerous goods for the purposes of these Regulations is—

(a)in the case that a determination under regulation 30(1)(d) for the goods is in effect, the Packing Group specified in the determination; or

(b)if no such determination is in effect, the Packing Group determined for the goods in accordance with the ADG Code.

Note

The assignment of particular dangerous goods to a Packing Group indicates the degree of danger and the level of containment required for the goods. The Packing Groups, and the degree of danger they indicate, are the following—

(a)Packing Group I (substances presenting high danger);

(b)Packing Group II (substances presenting medium danger);

(c)Packing Group III (substances presenting low danger).

43Incompatibility

(1)Dangerous or other goods are incompatible with dangerous goods if—


See section 36(3B).

•     Provision numbers

All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001.  Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs.  See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note.  As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision.  For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision.  See section 36B.

•     Other material

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

2   Table of Amendments

This publication incorporates amendments made to the Dangerous Goods (Transport by Road or Rail) Regulations 2018 by statutory rules, subordinate instruments and Acts.

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

Dangerous Goods Amendment (Transport by Road or Rail) Regulations 2021, S.R. No. 27/2021

Date of Making: 30.3.21
Date of Commencement: 1.4.21: reg. 3

Dangerous Goods (Transport by Road or Rail) and (Storage and Handling) Amendment Regulations 2023, S.R. No. 103/2023

Date of Making: 26.9.23
Date of Commencement: Regs 5–15 on 1.10.23: reg. 3

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

3   Explanatory details


[1] The Competent Authorities Panel Rules made by the National Transport Commission, on 13 June 2008 and with amendments endorsed by the Transport and Infrastructure Council on 18 May 2018.

[2]

Reg. 246(1): S.R. No. 37/2011. Reprint No. 1 as at 12 May 2016. Reprinted to S.R. No. 91/2015. Subsequently amended by


S.R. Nos 90/2016, 2/2017 and 22/2017.

[3] Reg. 247(1): S.R. No. 132/2012 as amended by S.R. Nos 56/2014, 91/2015 and 22/2017.

——

Fee Units

These Regulations provide for fees by reference to fee units within the meaning of the Monetary Units Act 2004.

The amount of the fee is to be calculated, in accordance with section 7 of that Act, by multiplying the number of fee units applicable by the value of a fee unit.

The value of a fee unit for the financial year commencing 1 July 2023 is $15.90. The amount of the calculated fee may be rounded to the nearest 10 cents.

The value of a fee unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a fee unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.

Penalty Units

These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit.

The value of a penalty unit for the financial year commencing 1 July 2023 is $192.31. The amount of the calculated penalty may be rounded to the nearest dollar.

The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.

——

Table of Applied, Adopted or Incorporated Matter

The following table of applied, adopted or incorporated matter was included in S.R. No. 155/2018 in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2014.

Statutory rule provision Title of applied, adopted or incorporated document Matter in applied, adopted or incorporated document
Regulations 1(c), 5 (definitions of Dangerous Goods List, foreign approved, outer packaging, service equipment, special provision, structural equipment, transport documentation, UN Number), 6(2), 10(2)(a), 10(2)(e), 11, 13(1)(a), 13(2)(b), 13(2)(c), 15(3)(a), 15(3)(g), 25(2)(a), 29(a), 36(b)(ii), 38(1), 39(a), 39(c), 40(b), 41(b), 42(b), 43(1)(a), 51, 52(1)(a), 52(1)(b), 52(1)(c), 52(2), 53, 54(1), 54(3)(b), 55(1)(a), 56(1)(a), 56(2)(a), 56(3)(b), 57(1), 58(3)(a), 59(2)(a), 59(2)(b), 61(2), 62(2), 67, 69(1)(b), 69(2)(b), 70(2), 72(1)(b), 72(2)(b), 73(b), 74(a), 75(a), 76(a), 77(a), 78(a), 79, 84, 89, 90, 91, 92, 93, Australian Code for the Transport of Dangerous Goods by Road and Rail, published by the National Transport Commission, Edition 7.6, 2018 published in May 2018 The whole
Statutory rule provision Title of applied, adopted or incorporated document Matter in applied, adopted or incorporated document
94(1), 95, 96, 97, 98, 103, 104, 105, 106, 109(b)(i), 110(b)(i), 111(b)(i), 112(b)(i), 113(b)(i), 114(1), 114(2), 115(1), 117(2)(a), 118(1)(a), 119(1)(a), 119(2)(a), 119(3), 120(1)(a), 120(2)(a), 120(3), 121(a), 123, 124, 125, 129(b), 131(1)(b), 133(1), 134, 136(1), 138(1), 140, 141(a), 142(1)(a), 143(1)(a), 143(2), 143(3), 144(2)(a), 147, 148, 150, 151, 152, 172(1)(e), 174(b)(iv), 185(b)(iii), 213(2)(b), 245
Regulations 5 (definition of Assessing Fitness to Drive Medical Standards), 200 and 207 Assessing Fitness to Drive for commercial and private vehicle drivers. Medical standards for licensing and clinical management guidelines, Fifth Edition published 1 August 2017 by Austroads Ltd The whole
Regulation 5 (definition of freight container) Australian/New Zealand Standard AS/NZS 3711.1:2015, Freight containers – Classification, dimensions and ratings, published 11 June 2015 by Standards Australia The whole
Statutory rule provision Title of applied, adopted or incorporated document Matter in applied, adopted or incorporated document
Regulations 5 (definitions of ICAO approved and ICAO Technical Instructions), 80(4), 81(4), 82(4), 85(4), 86(4) and 87(4) Technical Instructions for The Safe Transport of Dangerous Goods by Air, published by the International Civil Aviation Organization Doc 9284-AN/905 2017-2018 Edition The whole
Regulations 5 (definitions of IMDG Code and IMO approved), 80(4), 81(4), 82(4), 85(4), 86(4) and 87(4) International Maritime Dangerous Goods Code, Edition published in 2016 by the International Maritime Organization The whole

——

Table of Applied, Adopted or Incorporated Matter

The following table of applied, adopted or incorporated matter was included in S.R. No. 27/2021 in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2014.

In this table—

ADG Code Edition 7.7 means the Australian Code for the Transport of Dangerous Goods by Road & Rail, published by the National Transport Commission, Edition 7.7, 2020 published in June 2020;

Principal Regulations means the Dangerous Goods (Transport by Road or Rail) Regulations 2018.

Statutory rule provision Title of applied, adopted or incorporated document Matter in applied, adopted or incorporated document
Regulation 6 which substitutes regulation 50 in the Principal Regulations ADG Code Edition 7.7 Chapters 3.4 and 3.5
Statutory rule provision Title of applied, adopted or incorporated document Matter in applied, adopted or incorporated document
Regulation 7 which amends regulation 52(1) of the Principal Regulations ADG Code Edition 7.7 Chapters 3.4 and 3.5
Regulation 8 which amends regulation 59(a) and (b) of the Principal Regulations ADG Code Edition 7.7 Chapters 3.4 and 3.5
Regulation 13 which inserts regulation 102A and the definition of nominally empty storage vessel, in the Principal Regulations ADG Code Edition 7.7 Section 7.2.7.1
Regulation 13 which inserts regulations 102B, 102C, 102D and 102E in the Principal Regulations ADG Code Edition 7.7 Chapter 7.2
Regulation 14 which inserts regulations 140A, 140B and 140C in the Principal Regulations ADG Code Edition 7.7 Section 3.4.12.1
Regulation 16 which inserts regulations 152A, 152B, 152C and 152D in the Principal Regulations ADG Code Edition 7.7 Part 13

——

Table of Applied, Adopted or Incorporated Matter

The following table of applied, adopted or incorporated matter was included in S.R. No. 103/2023 in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2014.

In this table—

ADG Code Edition 7.8 means the Australian Code for the Transport of Dangerous Goods by Road & Rail, published by the National Transport Commission, Edition 7.8, 2022 published in March 2023;

Principal Regulations means the Dangerous Goods (Transport by Road or Rail) Regulations 2018.

Statutory rule provision Title of applied, adopted or incorporated document Matter in applied, adopted or incorporated document
Regulation 5 which amends regulation 5 of the Principal Regulations ADG Code Edition 7.8 Section 1.2.1
Regulation 7 which substitutes regulation 15 of the Principal Regulations ADG Code Edition 7.8 Section 2.2.1.1
Regulation 8 which inserts regulation 22A in the Principal Regulations ADG Code Edition 7.8 Part 2 and Chapters 3.2 and 3.3
Regulation 11 which amends regulation 67 of the Principal Regulations ADG Code Edition 7.8 Chapter 6.7 and sections 6.9.2.10 and 6.10.2.2
Regulation 12 which amends regulations 89, 90, 91, 92 and 93 of the Principal Regulations ADG Code Edition 7.8 Chapter 6.10
Statutory rule provision Title of applied, adopted or incorporated document Matter in applied, adopted or incorporated document
Regulation 15 which amends regulation 213(2)(b) of the Principal Regulations ADG Code Edition 7.8 Chapter 6.10
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