National Transport Commission (Model Amendments: Transport of Dangerous Goods by Road or Rail Package No. 1) Regulations 2009 (Cth)

National Transport Commission (Model Amendments: Transport of Dangerous Goods by Road or Rail—Package No. 1) Regulations 2009

Select Legislative Instrument No. 148, 2009

made under the

National Transport Commission Act 2003

Compilation No. 1

Compilation date: 5 March 2016

Includes amendments up to: F2016L00170

Registered: 30 June 2016

About this compilation

This compilation

This is a compilation of the National Transport Commission (Model Amendments: Transport of Dangerous Goods by Road or Rail—Package No. 1) Regulations 2009 that shows the text of the law as amended and in force on 5 March 2016 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

1............ Name of Regulations.......................................................................... 1

2............ Commencement.................................................................................. 1

3............ Proposed amendments to model legislation....................................... 1

Schedule 1—Model legislation for regulation 3 2

Endnotes70

Endnote 1—About the endnotes 70

Endnote 2—Abbreviation key 71

Endnote 3—Legislation history 72

Endnote 4—Amendment history 73

Endnote 5—Editorial changes 74

1Name of Regulations

These Regulations are the National Transport Commission (Model Amendments: Transport of Dangerous Goods by Road or Rail—Package No. 1) Regulations 2009.

2Commencement

These Regulations commence on the day after they are registered.

3Proposed amendments to model legislation

Under section 7 of the National Transport Commission Act 2003, Schedule 1 sets out model legislation (in the form of regulations) to amend the model legislation set out in Schedule 1 to the National Transport Commission (Model Legislation—Transport of Dangerous Goods by Road or Rail) Regulations 2007.

Note 1:The model legislation does not have the force of law (see paragraph 7(2)(a) of the National Transport Commission Act 2003).

Note 2:These Regulations are not subject to disallowance—see regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003.

Note 3:These Regulations are not subject to sunsetting—see regulations made for the purposes of paragraph 54(2)(b) of the Legislation Act 2003.

Schedule 1—Model legislation for regulation 3

(regulation 3)

Model Amendments: Transport of Dangerous Goods by Road or Rail—Package No. 1

Contents

Page

Part 1—Preliminary matters 5

1............ Name.................................................................................................. 5

2............ Purpose............................................................................................... 5

3............ Approval............................................................................................. 5

4............ Regulations being amended by these Regulations............................. 5

Part 2—Amendments to Schedule 1 6

5............ Provisions being amended by this Part............................................... 6

6............ Omission of minor redundancy.......................................................... 6

7............ Purpose............................................................................................... 6

8............ Definitions.......................................................................................... 6

9............ Insertion of sections 4A – 4L............................................................. 8

10.......... Changes to subordinate law‑making powers.................................... 12

11.......... Additional power in relation to making subordinate laws............... 13

12.......... Appointment of Competent Authorities........................................... 14

13.......... Enforcement powers......................................................................... 14

14.......... Directions......................................................................................... 14

15.......... Power to take samples during inspections and searches.................. 15

16.......... Insertion of section 52A................................................................... 16

17.......... Correction of minor matters............................................................. 17

18.......... Powers of authorised officers in emergencies.................................. 17

19.......... Power to search premises................................................................. 17

20.......... Exemptions....................................................................................... 17

21.......... Offences concerning failure to hold licence..................................... 17

22.......... Omission of relocated provisions..................................................... 18

23.......... Contravention of improvement notices............................................ 18

24.......... Miscellaneous amendments.............................................................. 18

25.......... Supervisory intervention orders....................................................... 18

26.......... Exclusion orders............................................................................... 19

27.......... Correction of minor matters............................................................. 19

28.......... When compensation orders can be made......................................... 19

29.......... Recovery of costs............................................................................. 19

30.......... Correction of minor matter............................................................... 20

31.......... Special defence for owners or operators.......................................... 20

32.......... Evidence........................................................................................... 20

33.......... Further miscellaneous amendments................................................. 20

34.......... Insertion of missing word................................................................. 21

35.......... Prohibition orders............................................................................. 21

36.......... Correction of minor matter............................................................... 21

37.......... Widening of offences concerning victimisation for reporting breaches 21

38.......... Confidentiality.................................................................................. 21

39.......... Correction of minor matter............................................................... 21

40.......... Delegation by Minister..................................................................... 21

41.......... Penalties schedule............................................................................. 22

Part 3—Amendments to Schedule 2 23

42.......... Provisions being amended by this Part............................................. 23

43.......... Correction of minor matters............................................................. 23

44.......... Omission of redundant application provision.................................. 23

45.......... Substitution of clause 1.1.8.............................................................. 23

46.......... Omission of heading......................................................................... 25

47.......... Changes to definitions...................................................................... 25

48.......... Inconsistency between subordinate law and codes etc..................... 28

49.......... Widening of reference provision...................................................... 28

50.......... Minor amendments........................................................................... 28

51.......... Definitions of road and road related area may be modified........... 28

52.......... Omission of clause 1.2.11 (references to rolling stock)................... 28

53.......... Substitution of clause 1.2.13............................................................ 29

54.......... Omission of relocated clauses.......................................................... 29

55.......... Minor amendments to training provisions........................................ 29

56.......... Substitution of clause 1.5.2.............................................................. 29

57.......... Determinations................................................................................. 29

58.......... Omission of clause 1.6.2 (Determinations – foreign approved IBCs, tanks and MEGCs) 30

59.......... Insertion of clauses 1.6.4A and 1.6.4B............................................. 30

60.......... Insertion of clause 1.6.7................................................................... 30

61.......... Standardisation of provision references........................................... 31

62.......... Definition of dangerous goods......................................................... 31

63.......... Substitution of clauses 2.1.3 – 2.1.6................................................. 31

64.......... Insertion of Part 3............................................................................. 32

65.......... Substitution of clauses 4.1.1 – 4.1.3................................................. 34

66.......... Substitution of clause 4.2.1.............................................................. 34

67.......... Marking packaging........................................................................... 35

68.......... Substitution of clauses 4.2.3 and 4.2.4............................................. 35

69.......... Testing.............................................................................................. 36

70.......... Substitution of clauses 4.2.7 and 4.2.8............................................. 36

71.......... Substitution of Divisions 4.3 – 4.6 of Part 4.................................... 37

72.......... Substitution of clauses 5.2.1 and 5.2.2............................................. 42

73.......... Duty of consignors in relation to marking........................................ 43

74.......... Substitution of clauses 5.2.4 and 5.2.5............................................. 43

75.......... When load must be placarded.......................................................... 44

76.......... Substitution of clause 5.3.2.............................................................. 44

77.......... Duties in relation to placarding........................................................ 45

78.......... Minor amendments........................................................................... 45

79.......... Substitution of clauses 7.1.4 and 7.1.5............................................. 46

80.......... Substitution of Part 8........................................................................ 46

81.......... Changes concerning segregation...................................................... 48

82.......... Substitution of clause 9.1.8.............................................................. 48

83.......... Substitution of clauses 10.2.1 and 10.2.2......................................... 49

84.......... Other changes concerning bulk transfers......................................... 50

85.......... Documentation................................................................................. 51

86.......... Safety equipment.............................................................................. 51

87.......... Immobilised vehicles – prime contractor’s duties............................ 52

88.......... Road vehicles – driver’s duties........................................................ 52

89.......... Omission of Division 13.3 (Routes, areas, vehicles and times)....... 52

90.......... Emergencies..................................................................................... 52

91.......... Omission of Competent Authorities Panel provisions..................... 54

92.......... Recommendations by Competent Authority and corresponding authorities 54

93.......... Mutual recognition........................................................................... 55

94.......... Effect of CAP decisions varying exemptions................................... 55

95.......... Minor amendments........................................................................... 56

96.......... Omission of redundant provision..................................................... 56

97.......... Cancellation and variation of determinations etc............................. 56

98.......... Substitution of clause 17.4.2............................................................ 56

99.......... Substitution of clause 18.1.2............................................................ 56

100........ Substitution of Division 18.2............................................................ 57

101........ Minor changes concerning licensing................................................ 57

102........ Disposal and transfer of licensed vehicles....................................... 58

103........ More minor licensing changes......................................................... 59

104........ Review of decisions.......................................................................... 60

105........ Insurance.......................................................................................... 61

106........ Infringement notices......................................................................... 61

107........ Changes to transitional provisions................................................... 62

108........ Substitution of Schedule 2.1............................................................. 62

Model Amendments: Transport of Dangerous Goods by Road or Rail—Package No. 1

The following provisions are intended to provide the basis for nationally consistent transport laws on the topics with which they deal. They do not, of themselves, have any legal effect.

Part 1—Preliminary matters

1. Name

These are the Model Amendments: Transport of Dangerous Goods by Road or Rail—Package No. 1.

2. Purpose

The purpose of these Regulations is to make a series of miscellaneous amendments to the National Transport Commission (Model Legislation—Transport of Dangerous Goods by Road or Rail) Regulations 2007 to improve the operation of the model laws that appear as schedules in those Regulations.

3. Approval

These Regulations were approved by the Australian Transport Council on 15 August 2008.

4. Regulations being amended by these Regulations

These Regulations amend the National Transport Commission (Model Legislation—Transport of Dangerous Goods by Road or Rail) Regulations 2007.

Part 2—Amendments to Schedule 1

5. Provisions being amended by this Part

This Part amends Schedule 1 of the National Transport Commission (Model Legislation – Transport of Dangerous Goods by Road or Rail) Regulations 2007 (the Model Act on the Transport of Dangerous Goods by Road or Rail 2007).

6. Omission of minor redundancy

In section 2, omit “Model”.

7. Purpose

In section 3(1), for “by road or rail” substitute “on land”.

8. Definitions

In section 4 –

(a) insert the following definitions in their appropriate alphabetical position –

“associate―see section 4A.

authorised, in relation to the driving of a vehicle or the running of an engine―see section 4G(3).

broken down―see section 4I.

combination means a road vehicle consisting of a motor vehicle and one or more trailers.

consigns and consignor―see section 4B.

fit, in relation to the driving of a vehicle―see section 4G(2).

goods too dangerous to be transported means:

(a) a substance or article prescribed as goods too dangerous to be transported; or

(b) a substance or article determined by the Competent Authority, in accordance with the {subordinate law}, to be goods too dangerous to be transported.

load and loader—see section 4D.

operator—see section 4E

owner, in respect of a vehicle, means a person who:

(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.

pack and packer—see section 4C.

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

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 the regulations to be packaging.

Note 1: It 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 2: Unlike in United Nations publications relating to the transport of dangerous goods, the term packaging is used in this Act in its ordinary meaning.

qualified, in relation to the driving of a vehicle―see section 4G(1).

road and road‑related area—see section 4J.

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

unattended―see section 4H.”;

(b) omit the definition of ADG Code;

(d) in the definition of driver –

(i) in paragraph (a), omit “or combination”;

(ii) after “driver of the train” insert “, and where the vehicle is a trailer, means the driver of the motor vehicle towing the trailer”;

(e) for the definition of driver licence substitute –

“driver licence means a licence (including a probationary and a conditional licence) issued under a State or Territory law authorising the licensee to drive a road vehicle, but does not include:

(a) a licence issued under this Act; or

(b) a provisional or learner licence.”;

(f) omit the definition of government authority;

(g) in the definition of improvement notice, for “an improvement” substitute “a”;

(h) in the definition of involvement in the transport of dangerous goods, for paragraph (c) substitute –

“(c) marking or labelling packages containing dangerous goods for transport, and placarding vehicles and packaging on or in which dangerous goods are transported; and”;

(i) in the definition of involvement in the transport of dangerous goods, in paragraph (e) omit “onto a vehicle, or into a container that is to be put on a vehicle,”;

(j) omit the definition of overpack;

(k) for the definition of placard substitute –

“placard means a label or emergency information panel that is required by the {subordinate law} to be used in transporting dangerous goods.”;

(l) in the definition of transport, for paragraph (b) substitute –

“(b) the marking or labelling of packages containing dangerous goods, and the placarding of vehicles and packaging in or on which dangerous goods are transported; and”;

(m) for the definition of transport documentation substitute –

“transport documentation means documentation required by the {subordinate law} for the transport of dangerous goods.”.

(n) at the foot of the definition of unit of rolling stock insert –

“Note: Section 4F provides that rolling stock that is designed to operate on both roads and railway tracks is only rolling stock while it is on a railway track.”;

(o) in the definition of vehicle, in paragraph (a), for “an articulated vehicle” substitute “a combination”.

9. Insertion of sections 4A – 4L

After section 4 insert –

“4A Meaning of associate

(1) A person is an associate of another person if:

(a) he or she is a spouse, parent, brother, sister or child of the other person; or

(b) they are members of the same household; or

(d) they are both trustees or beneficiaries of the same trust, or one is a trustee and the other is a beneficiary of the same trust; or

(e) one is a body corporate and the other is a director or member of the governing body of the body corporate; or

(f) one is a body corporate (other than a public company whose shares are listed on a stock exchange) and the other is a shareholder in the body corporate; or

(g) they are related bodies corporate within the meaning of the Corporations Act 2001 of the Commonwealth; or

(h) a chain of relationships can be traced between them under any one or more of the above paragraphs.

(2) For the purposes of subsection (1), a beneficiary of a trust includes an object of a discretionary trust.

4B Meaning of consign and consignor

(1) A person consigns dangerous or other 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

(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 or rail operator, 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

(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.

4C Meaning of pack 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

(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 the purposes of this Act.

4D Meaning of load 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

(d) manages or controls an activity mentioned in paragraph (a), (b) or (c).

(2) Subsection (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.

4E Meaning of operator

(1) A person is an operator of a vehicle if:

(a) in the case of 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) in the case of 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 merely because the person owns a vehicle or does any or all of the following:

(a) drives a vehicle;

(b) maintains or arranges for the maintenance of a vehicle;

4F References to rolling stock

For purposes of this Act, rolling stock that is designed to operate or be used on the road or on a railway track is rolling stock only while it is being operated or used on a railway track.

4G Meaning of qualified, fit or authorised to drive or to run an engine

(1) For the purposes of this Act, a person is qualified to drive a vehicle (or to run its engine) if he or she:

(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 by or under a law (including, for example, by the conditions of the licence) from driving the vehicle at the relevant time.

(2) For the purposes of this Act, a person is fit to drive a vehicle (or to run its engine) if he or she:

(a) is apparently physically and mentally fit to drive the vehicle; and

(b) (without limiting the above) is not apparently affected by either or both:

(i) alcohol; or

(ii) any drug that affects his or her fitness to drive; and

(c) is not at the time found to have a concentration of alcohol in his or her blood that exceeds the amount permitted by a law of {this jurisdiction}; and

(d) is not at the time found to have a concentration of a drug that affects his or her fitness to drive in his or her blood or oral fluid that exceeds the amount permitted by a law of {this jurisdiction}.

(3) For the purposes of this Act, a person is authorised:

(a) to drive a vehicle if he or she is its operator or has the authority of the operator to drive it; or

(b) to run the engine of a vehicle if he or she is its operator or has the authority of the operator to drive the vehicle or to run the engine;

regardless of whether or not he or she is qualified to drive the vehicle (or to run its engine).

4H Meaning of unattended vehicle and driver of disconnected trailer

(1) For the purposes of this Act, a vehicle is unattended if:

(a) where the authorised officer concerned:

(i) is present at the scene—there is, after inspection and enquiry by the officer that is reasonable in the circumstances, apparently no person in, on, or in the vicinity of, the vehicle who appears to be a driver of the vehicle; or

(ii) is not present at the scene but is able to inspect the scene by means of a camera or other remote surveillance system—there is, after inspection by the officer that is reasonable in the circumstances, apparently no person in, on, or in the vicinity of, the vehicle who appears to be a driver of the vehicle; or

(b) where there is apparently such a person in, on, or in the vicinity of, the vehicle—the officer believes on reasonable grounds that:

(i) the person is not qualified, not fit or not authorised to drive it; or

(ii) the person is or appears to be unwilling to drive it; or

(iii) the person is subject to a direction under section 24 (Direction to leave vehicle) in relation to the vehicle.

(2) A reference in this Part to the driver of a vehicle is, in a case where the vehicle is a trailer and is not connected (either directly or by one or more other trailers) to a towing vehicle, a reference to the driver of the towing vehicle of the combination to which the trailer was, or apparently was, last connected.

4I Meaning of broken down, in relation to vehicles

For the purposes of this Act:

(a) a motor vehicle is broken down if it is not possible to drive the vehicle because it is disabled through damage, mechanical failure, lack of fuel or any similar reason;

(b) a trailer is broken down if it is not connected (either directly or by one or more other trailers) to a towing vehicle, whether or not the trailer is also disabled through damage, mechanical failure or any similar reason.

4J Roads and road‑related areas

(1) Each reference in this Act to a road includes a reference to a road‑related area.

(2) Road and road‑related area have the same meanings as they have in the Australian Road Rules.

[Drafting note 1: Jurisdictions may modify these definitions to the extent that they are inconsistent with their requirements for the application of authorised officer powers.

Drafting note 2: While the definition of road reflects usage of this term in the national road transport laws, it was not specifically defined in the Road Transport Reform (Dangerous Goods) Act 1995 (Cwlth) or the Road Transport Reform (Dangerous Goods) Regulations 1997 (Cwlth). Its inclusion is not intended to effect an expansion or restriction of the applicaton of this Law or the Model Subordinate Law beyond that which was previously the case in each jurisdiction.]

4K Examples

(1) Examples are part of this Act and the regulations.

(2) An example of the operation of a provision of this Act or the regulations –

(a) is not exhaustive; and

(b) may extend the meaning of the provision; and

4L Notes

(1) Notes that are at the foot of a provision are part of this Act and the regulations.

(2) Marginal notes, footnotes at the bottom of a page and endnotes are not part of this Act or the regulations.”.

10. Changes to subordinate law‑making powers

(1) For sections 8(2)(a) – (c) substitute –

“(a) identifying and classifying goods as dangerous goods, and the identification and classification of dangerous goods;

(b) identifying, classifying and regulating goods that are too dangerous to be transported (including prohibiting the transport of such goods);

(i) the identification and classification of goods as dangerous goods;

(ii) the identification and classification of dangerous goods;

(iii) the specification of what is, and what is not, compatible with dangerous goods for transport purposes;

(iv) prohibiting or regulating the transport of dangerous goods by road or rail;

(v) regulating the containment of dangerous goods that are being, or that are to be, transported by road or rail;”.

(2) In section 8(2)(f) –

(a) omit “and overpacks”;

(b) for “containers and vehicles in or on” substitute “vehicles and packaging on or in”.

(3) In section 8(2)(m)(ii), for “responsible for” substitute “involved in”.

(4) For section 8(2)(p) substitute –

“(p) the approval by the Competent Authority of:

(i) vehicles, packaging, equipment and other items used in relation to the transport of dangerous goods; and

(ii) facilities for, and methods of, testing or using vehicles, packaging, equipment and other items used in relation to the transport of dangerous goods; and

(iii) processes carried out in relation to the transport of dangerous goods;”.

(5) For section 8(2)(w) substitute –

“(w) the recognition of a body, consisting of the Competent Authority and other equivalent bodies in other jurisdictions, that is to make decisions, and to provide oversight on decisions made, under this Act or the regulations for the purposes of national uniformity, and other matters in relation to such a body, including the recognition of decisions made by such a body;”.

(6) After section 8(2)(y) insert –

“(z) requiring a person involved in the transport of dangerous goods to hold insurance, or some other form of indemnity, in relation to that transport.”.

11. Additional power in relation to making subordinate laws

After section 8(4) insert –

“(4A) The {subordinate law}:

(a) may require a matter affected by the {subordinate law} to be approved by or to the satisfaction of a specified person or body, or a specified class of person or body;

(b) may confer a discretionary authority, or impose a duty, on a specified person or body, or a specified class of person or body.”.

12. Appointment of Competent Authorities

For section 11(1) substitute –

“(1) The Minister may {, by notice in the Government Gazette,} appoint one or more Competent Authorities for the purposes of this Act. (13)”.

13. Enforcement powers

(1) In Part 3, in the heading to Division 2, omit “enforcement”.

(2) In section 19 –

(a) in paragraph (a)(iii), after “goods” insert “or goods too dangerous to be transported”;

(b) after paragraph (a)(iii) insert –

“(iv) an authorised officer believes on reasonable grounds that it is licensed under this Act, or that it is used to carry goods for commercial purposes; and”;

(3) In section 23 –

(a) in subsection (1)(b), for “traffic.” substitute “traffic or any event lawfully authorised to be held on the road; or”;

(b) after subsection (1)(b) insert –

“(c) obstructing or hindering, or likely to obstruct or hinder, one or more vehicles from entering or leaving land adjacent to the road.”;

(i) after “vehicle” insert “, or a person who is apparently in charge of the vehicle,”;

(ii) in paragraph (a), for “move it” substitute “move the vehicle”;

(iii) for “or obstruction” (wherever occurring) substitute “, obstruction or hindrance”;

(d) in subsection (4), for “paragraph (2)(a)” substitute “subsection (2)(a)”.

(4) After section 23(4) insert –

“(4A) For the purposes of subsection (1)(a), road infrastructure includes the things listed in the definition of rail or road infrastructure in section 93.”.

14. Directions

(1) In section 24(2) –

(a) for paragraph (a) substitute –

“(a) is not fit to drive the vehicle in order to comply with such a direction: or”;

(b) for paragraph (c) substitute –

“(c) is not authorised to drive the vehicle in order to comply with such a direction.”.

(2) In section 30(2)(a), for “the goods” substitute “any goods in the vehicle”.

(3) In section 31, for “person with responsibility for controlling or directing the operations” substitute “operator”.

(4) In section 32, for “This” substitute “(1) This”.

(5) At the end of section 32 insert –

“(2) This Division applies to a train that an authorised officer knows or believes on reasonable grounds includes a unit of rolling stock to which this Division applies.”.

15. Power to take samples during inspections and searches

(1) After section 26(2)(b) insert –

“(ba) to take, in accordance with section 52A, a sample of any part of the vehicle’s load; and”.

(2) In section 27(5) –

(a) in paragraph (c)(iii), for “offence.” substitute “offence;”;

(b) after paragraph (c) insert –

“(d) the power to take, in accordance with section 52A, a sample of any part of the vehicle’s load.”.

(3) After section 37(2)(b) insert –

“(ba) to take, in accordance with section 52A, a sample of any part of the unit or train’s load; and”.

(4) In section 38(5) –

(a) in paragraph (c)(iii), for “offence.” substitute “offence;”;

(b) after paragraph (c) insert –

“(d) the power to take, in accordance with section 52A, a sample of any part of the load of the unit of rolling stock or train.”.

(5) In section 43(6) –

(a) in paragraph (c), for “material.” substitute “material;”;

(b) after paragraph (c) insert –

“(d) the power to take, in accordance with section 52A, a sample of any substance or packaging on the premises.”.

(6) In section 44(8) –

(a) in paragraph (d), for “material.” substitute “material;”;

(b) after paragraph (d) insert –

“(e) the power to take, in accordance with section 52A, a sample of any substance or packaging on the premises.”.

(7) In section 48(2) –

(a) in paragraph (e), for “material.” substitute “material;”;

(b) after paragraph (e) insert –

“(f) to take a sample of any substance or packaging.”.

(8) In section 53, after “other thing” insert “(other than a sample)”.

16. Insertion of section 52A

After section 52 insert –

“52A Sample‑taking procedure

(1) In this section person from whom the sample was taken means:

(a) in the case of an inspection or search under section 26, 27, 37 or 38, the driver of the vehicle, or the person apparently in charge of the vehicle;

(b) in the case of an inspection or search under section 43 or 44, the occupier, or apparent occupier for the time being, of the premises.

(2) Despite anything in this Part to the contrary, an authorised officer may only take a sample if it is safe to do so, and if the taking of the sample will not result in a dangerous situation arising.

(3) Unless it is not safe to do so, the officer must, immediately after taking any sample of a substance, divide the sample into the following parts:

(a) one part that is to be retained for future comparison;

(b) one part that is to be given to the person from whom the sample was taken;

(4) The officer must then enclose each part of a sample in a packaging in a way that prevents the contamination of the part, and must mark or label the packaging in a way that enables the part to be identified.

(5) If an authorised officer intends to take a sample of any packaging under this Part, before removing the packaging from the vehicle or premises, as the case may be, he or she must give a written receipt that identifies the sample to the person from whom the sample was taken.

(6) If an authorised officer finds numerous packages during an inspection or search, and the packages appear to be identical, the officer may take one or more of the packages as samples.

(7) If subsection (6) applies, the officer must, immediately after taking the sample packages:

(a) enclose each package taken in a packaging in a way that prevents the contamination of the package, and must mark or label the packaging in a way that enables the sample to be identified; and

(b) must give one of the samples to the person from whom the sample was taken.

(8) If a person who is offered a sample, or a part of a sample, under subsection (3)(b) or (7)(b) refuses to accept the sample or part, the officer must retain the sample or part.

(9) The officer must give a sample, or a part of a sample, retained under subsection (8) to the person to whom it was offered if he or she is subsequently asked to do so by the person.”.

17. Correction of minor matters

(1) In section 35(1)(b), for “train” substitute “unit”.

(2) In section 36(1), for “office” substitute “officer”.

(3) In section 52(2), for “paragraph (1)(c)” substitute “subsection (1)(c)”.

(4) In section 54(7), for “prosecution” substitute “charge”.

(5) In section 64(5), for “place” substitute “publish”.

(6) In section 65(1)(b), for “subsection 64(2)” substitute “section 64(2)”.

(7) In section 67(2), after “whole” insert “of this”.

18. Powers of authorised officers in emergencies

In section 40(2), for “the driver of the train or the rail operator” substitute “a person who is involved in the transport of the dangerous goods on the train”.

19. Power to search premises

In section 44(8)(b)(ii), after “goods” insert “or packaging”.

20. Exemptions

At the end of section 64(7) insert –

“Offence provision”.

21. Offences concerning failure to hold licence

(1) After section 69(1) insert –

“(1A) A person must not consign dangerous goods for transport by road on a vehicle if the person knows, or reasonably ought to know that:

(a) the {subordinate law} requires the vehicle to be licensed to transport the goods; and

(b) the vehicle is not licensed under the {subordinate law}.

Offence provision.”.

(2) Omit section 69(4).

(3) In section 69(6), omit “, (4)”.

22. Omission of relocated provisions

Omit sections 70(4) – (7).

23. Contravention of improvement notices

For sections 73(1) – (4) substitute –

“(1) A person on whom an improvement notice is served must comply with the notice unless he, she or it has a reasonable excuse for not doing so.

Offence provision.

(2) In proceedings for an offence under subsection (1), it is a defence if the person charged establishes that –

(a) the alleged contravention or likely contravention; or

(b) the matters or activities occasioning the alleged contravention or likely contravention –

specified in the notice was, or were, remedied within the period specified in the notice, though by a method different from that specified in the notice.”.

24. Miscellaneous amendments

(1) In section 75(1), before “Competent” insert “authorised officer or the”.

(2) In section 78(1), omit “written”.

(3) In section 83, in the heading and wherever else occurring, for “penalties” substitute “sanctions”.

(4) In section 84(2), for “penalty” (wherever occurring) substitute “fine”.

(5) In section 87(1), for “convicted” substitute “found guilty”.

(6) In section 87(3), for “owner” substitute “operator”.

25. Supervisory intervention orders

After section 88(8) insert –

“(9) For the purposes of subsections (1) and (5), if a person has committed at least one offence against this Act, the Court may treat any offences that the person has committed under any corresponding law as if they had also been committed under this Act.”.

26. Exclusion orders

After section 90(5) insert –

“(6) For the purposes of subsections (1) and (4), if a person has committed at least one offence against this Act, the Court may treat any offences that the person has committed under any corresponding law as if they had also been committed under this Act.”.

27. Correction of minor matters

In section 92 –

(a) in subsection (1), for “containers to” substitute “packaging”;

(b) in subsection (2) –

(i) for “containers” substitute “packaging”;

(ii) for “transported” substitute “transported,”;

(i) for “containers” substitute “packaging”;

(ii) for “storing” substitute “storing,”.

28. When compensation orders can be made

For section 94(6) substitute –

“(6) The court may make a compensation order on an application made when it finds the offender guilty of the offence, or on an application made not later than the period within which a prosecution for the offence could have been commenced.”.

29. Recovery of costs

(1) In section 98 –

(a) in the heading, omit “from convicted person”;

(b) in subsection (1), for “convicts a person” substitute “finds a person guilty”;

(2) After section 98(2) insert –

“(3) An order may be made on the application of the Competent Authority made either at the time of the finding of guilt, or at any time not later than the period within which a prosecution for the offence could have been commenced.”.

30. Correction of minor matter

In section 107(3), omit “road law”.

31. Special defence for owners or operators

(1) In section 111(2)(a), omit “on a road”.

(2) In section 111(3) –

(a) in the definition of deficiency concerning a vehicle or dangerous goods, for “or on or in” substitute “or to be met in relation to”.

(b) omit the definitions of operator and owner.

32. Evidence

(1) In section 114(2) –

(a) for paragraph (c) substitute –

“(c) if markings or placards on or attached to a substance or packaging indicate that the substance is, or the packaging contains, particular dangerous goods—that the substance is, or the packaging contains, those dangerous goods; or”;

(b) for paragraph (f) substitute –

“(f) if markings or placards on or attached to a substance or packaging indicate, in relation to the substance, the packaging or the contents of the packaging, a particular capacity, tare weight, origin, character, specification, ownership or date of manufacture—that the substance, the packaging or the contents of the packaging has that capacity, tare weight, origin, character, specification, ownership or date of manufacture; or”;

“(h) if markings or placards on or attached to a vehicle or packaging indicate, in relation to the load of the vehicle or the contents of the packaging, a particular quantity of dangerous goods—that the vehicle or packaging contained that quantity of dangerous goods; or”.

(2) In section 115, for “Evidence” substitute “For the purposes of this Act, evidence”.

33. Further miscellaneous amendments

(1) In sections 114(2)(d) and (g), omit “or overpack” (wherever occurring).

(2) In section 119

(a) in the heading, for “Definitions” substitute “Definition”;

(b) in the definition of dangerous activity, for paragraph (c) substitute –

“(c) that is creating, or that could create, a dangerous situation or a risk to the safety of any person.”.

34. Insertion of missing word

In section 120(2), before “longer” insert “no”.

35. Prohibition orders

(1) In section 121(2) –

(a) for “(d) state how” substitute “(e) state how”;

(b) for “(e) state the” substitute “(f) state the”.

(2) For section 121(4) substitute –

“(4) A direction may offer a choice of ways to minimise or eliminate the risk caused by the dangerous activity.”.

(3) In section 123(2), before “direct” insert “orally”.

(4) In section 124 –

(a) in the heading, omit “and amendment”.

(b) after “officer” insert “or the Competent Authority by”.

36. Correction of minor matter

In section 126, for “against a rail safety law” substitute “under this Act”.

37. Widening of offences concerning victimisation for reporting breaches

(1) In sections 130(1)(a) and (b), and (2)(a) and (b), after “of this Act” insert “or a corresponding law”.

(2) In section 130(11), in the definition of public agency, after “authorised” insert “officer”.

38. Confidentiality

In section 131(2)(d), for “or an authorised” substitute “, a corresponding authority, an authorised”.

39. Correction of minor matter

In section 132(2), for “a road law” substitute “this Act”.

40. Delegation by Minister

In section 137, for “(other the power to appoint a Competent Authority)” substitute “(other than the powers conferred by sections 11 (power to appoint a Competent Authority) and 67 (power to make application and emergency orders))”.

41. Penalties schedule

In Schedule 1.1 –

(a) after the item relating to section 64(6) insert –

“

64(7) Exemptions

400

2 000

”;

(b) after the item relating to section 69(1) insert –

“

69(1A) Failure to hold licence etc.

2 000

10 000

”;

(d) in the items relating to sections 122 and 123(4), for the penalty shown in column 3 substitute “10 000”.

Part 3—Amendments to Schedule 2

42. Provisions being amended by this Part

This Part amends Schedule 2 of the National Transport Commission (Model Legislation – Transport of Dangerous Goods by Road or Rail) Regulations 2007 (the Model Subordinate Law on the Transport of Dangerous Goods by Road or Rail 2007).

43. Correction of minor matters

(1) In clause 1.1.1, for “goods” substitute “Goods”.

(2) In clause 1.1.2, omit “Model”.

(3) In clause 1.1.3 –

(a) for “road or rail” (wherever occurring) substitute “land transport”;

(b) in paragraph (d), for “road, rail” substitute “land transport”.

(4) For clause 1.1.6(2)(a) substitute –

“(a) the load does not contain:

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

(ii) more than 500 kilograms of dangerous goods in a receptacle; and”.

(5) In clause 1.1.7(2) –

(a) after “apply to the transport” insert “by a vehicle”;

(b) in paragraph (a), for “total” substitute “aggregate”;

(d) in paragraph (c), after “vehicle and” insert “that”;

(e) for paragraph (d) substitute –

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

44. Omission of redundant application provision

For clause 1.1.4 substitute –

“1.1.4 {reserved}”.

45. Substitution of clause 1.1.8

For clause 1.1.8 substitute –

“1.1.8 Special provisions for tools of trade and dangerous goods for private use

(1) This [clause] applies to a load if:

(a) the load includes:

(i) an aggregate quantity of dangerous goods of less than 500 that does not include any dangerous goods of UN Division 2.1 (that are not aerosols) or UN Division 2.3 or Packing Group I; or

(ii) an aggregate quantity of dangerous goods of less than 250 that does include dangerous goods of UN Division 2.1 (that are not aerosols) or UN Division 2.3 or Packing Group I, provided that dangerous goods of UN Division 2.3 and Packing Group I together constitute less than 100 of that aggregate quantity; and

(b) 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 a load to which this {clause} applies is exempt from all obligations imposed by {this subordinate law} other than those imposed by this {clause}.

(3) A person must not transport a load to which this {clause} applies 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 labelled and marked as specified in Division 5.1; and

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

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

Offence provision.

(4) If a load to which this {clause} applies 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.

Offence provision.

(5) If a load to which this {clause} applies 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.

Offence provision.”.

46. Omission of heading

In Division 1.2, omit the following heading –

“Subdivision 1.2.1—General”.

47. Changes to definitions

(1) In clause 1.2.1 –

(a) in the definition of Act, after “Rail” insert “2007”;

(b) for the definition of ADG Code substitute –

“ADG Code means the Australian Code for the Transport of Dangerous Goods by Road and Rail, seventh edition, approved by the Australian Transport Council, as amended from time to time.”;

(c) in the definition of “aggregate quantity”, in paragraph (a)(i), after “articles” insert “, including aerosols”;

(d) for the definition of approval substitute –

“approval means an approval by the Competent Authority or an authorised body under this (subordinate law}, and that is in effect.”.

(e) in the definitions of approved test and approved training course, for “paragraph” substitute “{clause}”;

(f) in the definition of capacity, for “receptacle, packaging or other container” substitute “packaging”;

(g) in the definition of Category, for “{subclause} 2.1.3(3)” substitute “{clause}2.1.3”;

(h) omit the definition of combination road vehicle;

(i) for the definition of Competent Authorities Panel or CAP substitute –

“Competent Authorities Panel or CAP—means the body established by the Competent Authorities Panel Rules made by the National Transport Commission on 13 June 2008 and approved by the Australian Transport Council on [date of approval to be inserted if Amendments are approved], as amended from time to time.”;

(j) in the definition of compliance plate, after “Code” insert “, and includes identification plates”;

(k) for the definition of consignor substitute –

“consigns and consignor―see section 4B of the Act.”.

(l) omit the definition of containment unit;

(m) in the definition of Dangerous Goods list, omit “, being a list of goods that are dangerous goods because they satisfy the criteria set out, or referred to, in Part 2 of the ADG Code”;

(n) for the definition of determination substitute –

“determination means a determination that is made by the Competent Authority under Division 1.6 of this Part, and that is in effect.”.

(o) in the definition of driver licence, before “driver” insert “*”;

(p) for the definition of inner packaging substitute –

“inner packaging, in relation to goods for which outer packaging is required if the goods are to be transported, means any packaging that is, or that is to be, contained or protected by the outer packaging.”;

(q) in the definition of involvement in the transport of dangerous goods, for paragraph (c) substitute –

“(c) marking or labelling packages containing dangerous goods for transport, and placarding vehicles and packaging on or in which dangerous goods are transported; and”;

(r) in the definition of involvement in the transport of dangerous goods, in paragraph (e) omit “onto a vehicle, or into a container that is to be put on a vehicle,”;

(s) for the definitions of load, loads and loader substitute –

“load (noun)—see {clause } 1.2.13.

load and loader—see section 4D of the Act.”.

(t) in the definition of outer packaging –

(i) omit “, in relation to dangerous goods,”;

(ii) after “necessary” insert “for the purposes of transport”;

(iii) in paragraphs (b) and (c), after “packaging” insert “(as that packaging is defined in section 1.2.1.1 of the ADG Code)”;

(u) in the definition of overpack –

(i) omit “, in relation to the transport of dangerous goods,”;

(ii) after “consolidate packages” insert “of goods”;

(iii) in the examples, for “Pallet” substitute “A pallet”;

(iv) in the examples, for “Box” substitute “A box”;

(v) for the definition of owner substitute –

“owner, of a vehicle,—see section 4(1) of the Act.

(w) for the definitions of package and packaging substitute –

“package—see section 4(1) of the Act.

packaging—includes inner packaging, outer packaging, overpacks, large packaging, IBCs, MEGCs, tanks (including the tank of a tank vehicle), bulk and freight containers, drums, barrels, jerry cans, boxes and bags.

(x) for the definitions of pack and packer substitute –

“pack and packer—see section 4C of the Act.

(y) for the definition of participating jurisdiction substitute –

“participating jurisdiction means:

(a) this jurisdiction; and

(b) any other State or Territory that has a corresponding law within the meaning of the Act.”.

(z) for the definition of placard substitute –

“placards—see {clause} 5.3.2(1).”;

(za) for the definition of prime contractor substitute –

“prime contractor—see section 4(1) of the Act.”.

(zb) for the definition of rail operator substitute –

“rail operator—see section 4(1) of the Act.”.

(zc) in the definition of registered, before “State” insert “a Commonwealth,”;

(zd) in the definition of road and road related area, for “road and” substitute “*road and”;

(ze) in the definition of trailer, for “trailer” substitute “*trailer”;

(zf) in the definition of transport, in paragraph (b) –

(i) omit “and overpacks”;

(ii) for “containers and vehicles” substitute “transport units”;

(zg) for the definition of transport unit substitute –

“transport unit means –

(a) a vehicle; or

(b) a portable tank; or

(d) a freight container.”;

(zh) in the definition of UN approved, omit “by a competent authority outside Australia”;

(zi) in the definition of vehicle, for “an articulated vehicle” substitute “a combination”.

(2) In clause 1.2.1, insert the following definitions in their appropriate alphabetical position –

“authorised body means a person or body authorised to issue approvals under {clause} 4.2.8.

consignor—see section 4(1) of the Act.

corresponding dangerous goods driver licence means a licence to which {clause} 15.4.4 applies that has effect in this jurisdiction under that {clause} as a dangerous goods driver licence.

corresponding dangerous goods vehicle licence means a licence to which {clause} 15.4.4 applies that has effect in this jurisdiction under that {clause} as a dangerous goods vehicle licence.

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.

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.

transport documentation means documentation that complies with Chapter 11.1 of the ADG Code.”.

48. Inconsistency between subordinate law and codes etc

(1) In clause 1.2.3, for “If” substitute “If all or part of”.

(2) At the end of the clause insert –

“(2) Despite {subclause} (1), if any provision that is applied, adopted by or incorporated in {this subordinate law} uses a term that is defined in both the relevant code, standard or rule, and in {this subordinate law}, the provision is to be interpreted as if the term had the meaning set out in the code, standard or rule, unless the contrary intention appears.”.

49. Widening of reference provision

In clause 1.2.5 –

(a) in the heading, omit “administrative”;

(b) in paragraph (a), for “an administrative” substitute “a”;

50. Minor amendments

(1) In clause 1.2.8(b), for “and” substitute “or”.

(2) In clause 1.2.9, for “packed in limited quantities” (wherever occurring) substitute “packed in limited quantities”.

51. Definitions of road and road related area may be modified

After clause 1.2.10(2) insert –

“[Drafting note: Jurisdictions may modify these definitions to the extent that they are inconsistent with their requirements for the application of authorised officer powers.]”.

52. Omission of clause 1.2.11 (references to rolling stock)

For clause 1.2.11 substitute –

“1.2.11 {Reserved}”.

53. Substitution of clause 1.2.13

For clause 1.2.13 substitute –

“1.2.13 References to loads

For the purposes of {this subordinate law}:

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

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

54. Omission of relocated clauses

Omit Subdivision 1.2.2.

55. Minor amendments to training provisions

(1) In clause 1.3.1(1) –

(a) in paragraph (e), omit “and overpacks”;

(b) in paragraph (f), for “transport units” substitute “placard loads”.

(2) In clause 1.3.2(2), after “test of competence” insert “or a training course”.

56. Substitution of clause 1.5.2

For clause 1.5.2 substitute –

“1.5.2 Goods suspected of being dangerous goods

If it is not clear whether goods are dangerous goods, but a person suspects, or reasonably ought to suspect, that they are, 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 {clause} 1.6.1(1)(a) in respect of the goods.

Offence provision.”.

57. Determinations

(1) In clause 1.6.1(2)(c), for “an IBC, portable tank, MEGC, tank vehicle or bulk container” substitute “any packaging”.

(2) Omit clauses 1.6.1(3) – (5).

58. Omission of clause 1.6.2 (Determinations – foreign approved IBCs, tanks and MEGCs)

For clause 1.6.2 substitute –

“1.6.2 {Reserved}”.

59. Insertion of clauses 1.6.4A and 1.6.4B

After clause 1.6.4 insert –

“1.6.4A Determinations may be subject to conditions

(1) In making a determination, the Competent Authority may impose in relation to the determination any condition necessary for the safe transport of dangerous goods. (1.20)

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

Offence provision.

{(3) An offence against {subclause} (2) is an offence of strict liability.} (17.7, amd/2)

1.6.4B Effect of determinations on contrary obligations under {this subordinate law}

If {this subordinate law} imposes 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, the obligation is to be read as if it stated that the person could fulfil the obligation by acting in accordance with the determination.”.

60. Insertion of clause 1.6.7

After clause 1.6.6 insert –

“1.6.7 Offence to do any thing prohibited or regulated by a determination

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

Offence provision.

(2) It is a defence to a prosecution for an offence against {subclause} (1) 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.”.

61. Standardisation of provision references

In clauses 2.1.1 and 2.1.2(b), for “paragraph” (wherever occurring) substitute “{clause}”.

62. Definition of dangerous goods

For clause 2.1.1(1)(b) substitute –

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

63. Substitution of clauses 2.1.3 – 2.1.6

For clauses 2.1.3 – 2.1.6 substitute –

“2.1.3 UN Classes, UN Divisions and Categories of dangerous goods

The UN Class, Division or Category of particular dangerous goods for the purposes of {this subordinate law} is:

(a) if a determination under paragraph 1.6.1(1)(b) that the goods are of a particular UN Class, Division or Category is in effect in relation to the goods—the Class, Division or Category specified in the determination; or

(b) if no such determination is in effect—the Class, Division or Category determined for the goods in accordance with the ADG Code. (2.3, amd)

Note 1: Under the UN classification system there are 9 classes of dangerous goods. Under that system some Classes are further divided into Divisions, and some Divisions are divided into Categories.

Examples: UN Division 6.2 infectious substances are divided into:

(a) Category A (substances transported in a form that, if exposure occurs, can cause permanent disability or life‑threatening or fatal disease to humans or animals); and

(b) Category B (others).

Note 2: Under the ADG Code, if particular dangerous goods are listed in the Dangerous Goods List, their UN Class or Division is that listed in column 2 of that list opposite the name and description of those goods, unless Chapter 3.3 of that Code provides for those goods to be assigned to a different Class or Division. If applicable, Chapter 2 of that Code describes how the UN Category of dangerous goods is to be determined. Once again the Category may be changed under Chapter 3.3 of that Code.

2.1.4 Subsidiary risk

The subsidiary risk, if any, of particular dangerous goods for the purposes of {this subordinate law} is:

(a) if a determination under {clause} 1.6.1(1)(c) that the goods have a particular subsidiary risk is in effect—the subsidiary risk specified in the determination; or

(b) if no such determination is in effect—the subsidiary risk determined for the goods in accordance with the ADG Code. (2.3, amd)

Note: Dangerous goods that are able to be assigned to more than one UN Class or Division are assigned a subsidiary risk. This subsidiary risk is the other UN Class/es or Division/s to which the goods also belong. Under the ADG Code, if particular dangerous goods are listed in the Dangerous Goods List, their subsidiary risk is that listed in column 4 of that list opposite the name and description of those goods, unless Chapter 3.3 of that Code provides for those goods to be assigned a different subsidiary risk.

2.1.5 Packing Groups

The Packing Group, if any, of particular dangerous goods for the purposes of {this subordinate law} is:

(a) if a determination under paragraph 1.6.1(1)(d) that the goods are of a particular Packing Group 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. (2.3, amd)

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:

Packing Group I (substances presenting high danger);

Packing Group II (substances presenting medium danger);

Packing Group III (substances presenting low danger).

The Packing Group of a substance can be determined from the Dangerous Goods List, although in some cases it is also necessary to refer to Chapter 3.3 of the ADG Code (the List identifies those cases).

2.1.6 Incompatibility

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

(a) the goods are incompatible under Chapter 9.1 of the ADG Code; or

(b) the goods are determined under {clause} 1.6.1(1)(e) to be incompatible with the dangerous goods; or

(c) when the goods are mixed, or otherwise brought into contact, with the dangerous goods, the goods are likely to interact with the dangerous goods and increase risk because of the interaction.

(2) Packaging or equipment for use in the transport of dangerous goods is incompatible with the goods if any component of the packaging or equipment that is intended or likely to come into contact with the goods during transport:

(a) is likely to interact with the goods and increase risk because of the interaction; and

(b) is not protected from contact under foreseeable circumstances by a protective coating or other effective means.”.

64. Insertion of Part 3

For Part 3 substitute –

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

3.1.1 Application of this Part

This Part applies if a special provision applies to dangerous goods in the Dangerous Goods List and that special provision prohibits the transport of the goods by road or rail, or imposes a restriction on the way the goods are to be transported by road or rail.

Note: Column 6 of the Dangerous Goods List specifies whether a special provision applies to dangerous goods, and Part 3.3 of the Code lists the special provisions that apply.

3.1.2 Duty on consignors

A person must not consign dangerous goods for transport if the person knows, or ought reasonably to know:

(a) that a special provision applies to the transport of the goods; and

(b) that the transport of the goods does not, or will not, comply with the special provision.

Offence provision.

3.1.3 Duty on packers

A person must not pack dangerous goods for transport if the person knows, or ought reasonably to know:

(a) that a special provision applies to the transport of the goods; and

(b) that the transport of the goods does not, or will not, comply with the special provision.

Offence provision.

3.1.4 Duty on loaders

A person must not load dangerous goods on to a vehicle for transport if the person knows, or ought reasonably to know:

(a) that a special provision applies to the transport of the goods; and

(b) that the transport of the goods does not, or will not, comply with the special provision.

Offence provision.

3.1.5 Duty on prime contractors and rail operators

A prime contractor or rail operator must not transport dangerous goods if the prime contractor or rail operator knows, or ought reasonably to know:

Offence provision.”.

(2) For clause 20.1.2(1) substitute –

(1) A prime contractor must not use a road vehicle to transport a placard load unless:

(a) the use of the vehicle is covered by a policy of insurance or other form of indemnity, for a sum that is not less than $5 000 000, in respect of:

(i) 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, on or from the vehicle or any packaging transported in or on the vehicle; and

(ii) 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

(b) the prime contractor has an approval under {clause} 20.1.4 in relation to the use of the vehicle and is complying with all relevant conditions to which the approval is subject.

Offence provision.”.

(3) In clauses 20.1.3(1)(a) and 20.1.4(1) and (2), for “paragraph” substitute “{clause}”.

106. Infringement notices

(1) In clause 21.1.1, for “279” substitute “79”.

(2) In clause 21.1.6(2)(a), for “paragraphs” substitute “{clauses}”.

107. Changes to transitional provisions

(1) For clauses 22.1.2(1)(c)(ii) and (iii) substitute –

“(ii) 1.6.3 (Determinations—vehicles, routes, areas and times)”.

(2) In clause 22.1.2(2), for “{clause} of {this subordinate law}” substitute “provision”.

(3) In clauses 22.1.3(2), 22.1.5(2), 22.1.7(2) and 22.1.9(2), for “the corresponding authority for the other {State/Territory}” substitute “a corresponding authority”.

(4) In clause 22.1.4(3), for “1.6.5” substitute “16.1.2”.

(5) For clauses 22.1.6(1)(c)(iii) and (iv) substitute –

“(iii) {clause} 9.1.8 (Approvals—segregation devices);

(iv) {clause} 9.1.9 (Approvals—methods of segregation);

(v) {clause} 11.2.7 (Approvals—emergency information).”.

(6) In clauses 22.1.7(1)(c) and 22.1.9(1)(c), for “paragraph” substitute “{clause}”.

(7) In clause 22.1.8(1)(c)(i), omit “18.11 (which is about bulk driver licences)”.

108. Substitution of Schedule 2.1

For Schedule 2.1 substitute –

“Schedule 2.1—Penalties

Drafting note: The penalties set out in this Schedule are recommended penalties only. It is intended that, when the model law is adopted by a State or Territory, the adopting State or Territory will adopt or replace the recommended penalties.

Offence provision	Infringement penalty ($)	Maximum court‑imposed penalty on individual ($)
Division 1.1 Introductory and application
1.1.8(3) Special provisions for tools of trade and dangerous goods for private use	800	4 000
1.1.8(4) Special provisions for tools of trade and dangerous goods for private use	800	4 000
1.1.8(5) Special provisions for tools of trade and dangerous goods for private use	800	4 000
Division 1.3 Training
1.3.1(2) Instruction and training	800	4 000
1.3.1(3) Instruction and training	800	4 000
Division 1.5 Provisions about offences generally
1.5.2 Goods suspected of being dangerous goods	800	4 000
Division 1.6 Determinations
1.6.4A(2) Conditions of determination	800	4 000
1.6.7(1) Offence to do any thing prohibited by a determination	800	4 000
Part 3 Transport of dangerous goods to which special provisions apply
3.1.2 Duty on consignors	400	2 000
3.1.3 Duty on packers	400	2 000
3.1.4 Duty on loaders	400	2 000
3.1.5 Duty on prime contractors and rail operators	400	2 000
3.1.6 Duty on drivers	200	1 000
Division 4.2 Suitability and design of packaging
4.2.2(1) Marking packaging	800	4 000
4.2.2(2) Marking packaging	800	4 000
4.2.4(4) Approval of packaging designs	800	4 000
4.2.7(3) Approval of overpack preparation method	800	4 000
Division 4.3 Prohibition on the sale or supply of non‑compliant packaging
4.3.1(1) Offence to sell or supply non‑compliant packaging	800	4 000
Division 4.4 Offences relating general packaging
4.4.2 Duty on consignors	800	4 000
4.4.3(1) Duty on packers	800	4 000
4.4.3(2) Duty on packers	800	4 000
4.4.4 Duty on loaders	800	4 000
4.4.5 Duty on prime contractors and rail operators	800	4 000
4.4.6 Duty on drivers	400	2 000
Division 4.5 Offences relating to other packaging
4.5.2(1) Duty on manufacturers – compliance plates	800	4 000
4.5.2(3) Duty on manufacturers – compliance plates	800	4 000
4.5.3(1) Duty on owner of certain portable tanks and MEGCs	800	4 000
4.5.4(1) Duty on consignors	800	4 000
4.5.4(2) Duty on consignors	800	4 000
4.5.5(1) Duty on packers	800	4 000
4.5.5(2) Duty on packers	800	4 000
4.5.6 Duty on loaders	800	4 000
4.5.7(1) Duty on prime contractors and rail operators	800	4 000
4.5.7(2) Duty on prime contractors and rail operators	800	4 000
4.5.8 Duty on drivers	260	1 300
Division 4.6 Offences relating to overpacks
4.6.1(1) Duty on consignors	400	2 000
4.6.2 Duty on packers	400	2 000
4.6.3 Duty on loaders	400	2 000
4.6.4 Duty on prime contractors and rail operators	400	2 000
4.6.5 Duty on drivers	200	1 000
Division 5.2 Marking and labelling
5.2.3(1) Consignor’s duties	(a) for large packaging or overpack—400 (b) in any other case—130	(a) for large packaging or overpack—2 000 (b) in any other case—650
5.2.3(2) Consignor’s duties	(a) for large packaging or overpack—400 (b) in any other case—130	(a) for large packaging or overpack—2 000 (b) in any other case—650
5.2.3(3) Consignor’s duties	(a) for large packaging or overpack—400 (b) in any other case—130	(a) for large packaging or overpack—2 000 (b) in any other case—650
5.2.4(1) Packer’s duties	(a) for large packaging or overpack—400 (b) in any other case—130	(a) for large packaging or overpack—2 000 (b) in any other case—650
5.2.4(2) Packer’s duties	(a) for large packaging or overpack—400 (b) in any other case—130	(a) for large packaging or overpack—2 000 (b) in any other case—650
5.2.4(3) Packer’s duties	(a) for large packaging or overpack—400 (b) in any other case—130	(a) for large packaging or overpack—2 000 (b) in any other case—650
5.2.5(1) Prime contractor’s and rail operator’s duties	(a) for large packaging or overpack—400 (b) in any other case—130	(a) for large packaging or overpack—2 000 (b) in any other case—650
5.2.5(2) Prime contractor’s and rail operator’s duties	(a) for large packaging or overpack—400 (b) in any other case—130	(a) for large packaging or overpack—2 000 (b) in any other case—650
5.2.5(3) Prime contractor’s and rail operator’s duties	(a) for large packaging or overpack—400 (b) in any other case—130	(a) for large packaging or overpack—2 000 (b) in any other case—650
Division 5.3 Placarding
5.3.3(1) Consignor’s duties	800	4 000
5.3.3(2) Consignor’s duties	800	4 000
5.3.3(3) Consignor’s duties	800	4 000
5.3.4(1) Loader’s duties	800	4 000
5.3.4(2) Loader’s duties	800	4 000
5.3.4(3) Loader’s duties	800	4 000
5.3.5(1) Prime contractor’s and rail operator’s duties	800	4 000
5.3.5(2) Prime contractor’s and rail operator’s duties	800	4 000
5.3.5(3) Prime contractor’s and rail operator’s duties	800	4 000
5.3.6(1) Driver’s duties	400	2 000
5.3.6(2) Driver’s duties	400	2 000
5.3.6(3) Driver’s duties	400	2 000
Part 6 Safety standards—vehicles and equipment
6.1.1(1) Owner’s duties	800	4 000
6.1.2 Consignor’s duties	800	4 000
6.1.3 Loader’s duties	400	2 000
6.1.4(1) Prime contractor’s and rail operator’s duties	800	4 000
6.1.5 Driver’s duties	400	2 000
Division 7.1 Self‑reactive substances, organic peroxides and certain other substances
7.1.2 Consignor’s duties	400	2 000
7.1.3(1) Loader’s duties	400	2 000
7.1.4(1) Prime contractor’s and rail operator’s duties	400	2 000
7.1.4(2) Prime contractor’s and rail operator’s duties	400	2 000
7.1.5 Driver’s duties	260	1 300
Division 7.2 Goods too dangerous to be transported
7.2.2 Loader’s duties	400	2 000
7.2.3 Prime contractor’s and rail operator’s duties	400	2 000
7.2.4 Driver’s duties	260	1 300
Part 8 Stowage and attachment
8.1.1(1) Consignor’s duties	400	2 000
8.1.1(2) Consignor’s duties	400	2 000
8.1.2(1) Loader’s duties	400	2 000
8.1.2(2) Loader’s duties	400	2 000
8.1.3(1) Prime contractor’s and rail operator’s duties	400	2 000
8.1.3(2) Prime contractor’s and rail operator’s duties	400	2 000
8.1.4(1) Driver’s duties	260	1 300
8.1.4(2) Driver’s duties	260	1 300
Part 9 Segregation
9.1.3 Consignor’s duties	800	4 000
9.1.4 Loader’s duties	800	4 000
9.1.5 Prime contractor’s duties	800	4 000
9.1.6 Rail operator’s duties	800	4 000
9.1.7 Driver’s duties	260	1 300
9.1.9(3) Approvals – methods of segregation	800	4000
Division 10.2 Equipment and transfer
10.2.2(1) Transferor’s duties—hose assemblies	400	2 000
10.2.2(2) Transferor’s duties—hose assemblies	800	4 000
10.2.3(1) Transferor’s duties—general	400	2 000
10.2.3(2) Transferor’s duties—general	400	2 000
10.2.3(3) Transferor’s duties—general	400	2 000
10.2.4(1) Occupier’s duties	400	2 000
10.2.4(2) Occupier’s duties	800	4 000
10.2.4(3) Occupier’s duties	130	650
10.2.5(1) Prime contractor’s duties	400	2 000
10.2.5(2) Prime contractor’s duties	800	4 000
10.2.5(3) Prime contractor’s duties	130	650
10.2.6(1) Rail operator’s duties	400	2 000
Division 10.3 Filling ratio and ullage
10.3.2(1) Transferor’s duties	400	2 000
10.3.3(1) Prime contractor’s and rail operator’s duties	400	2 000
10.3.4 Driver’s duties	400	2 000
Division 11.1 Transport documentation
11.1.1 False or misleading information	800	4 000
11.1.2(1) Consignor’s duties—transport by road	260	1 300
11.1.2(2) Consignor’s duties—transport by road	260	1 300
11.1.3(1) Consignor’s duties—transport by rail	260	1 300
11.1.4(1) Prime contractor’s duties	400	2 000
11.1.5(1) Rail operator’s duties	400	2 000
11.1.6(1) Driver’s duties	260	1 300
11.1.6(2) Driver’s duties	260	1 300
11.1.7(2) Train driver’s duties	260	1 300
11.1.7(3) Train driver’s duties	260	1300
Division 11.2 Emergency information
11.2.2 Consignor’s duties	260	1 300
11.2.3(1) Prime contractor’s duties	400	2 000
11.2.4(1) Rail operator’s duties	400	2 000
11.2.5(1) Driver’s duties	260	1 300
11.2.5(2) Driver’s duties	260	1300
11.2.5(3) Driver’s duties	260	1 300
11.2.6(1) Train driver’s duties	260	1 300
11.2.6(2) Train driver’s duties	260	1 300
Part 12 Safety equipment
12.1.1(1) Owner’s duties	800	4 000
12.1.2(1) Prime contractor’s duties	800	4 000
12.1.2(2) Prime contractor’s duties	800	4 000
12.1.3(1) Driver’s duties	260	1 300
12.1.3(2) Driver’s duties	260	1 300
Division 13.1 Immobilised and stopped vehicles
13.1.1(2) Driver’s duties	130	650
13.1.2(1) Prime contractor’s duties	400	2 000
13.1.2(2) Prime contractor’s duties	400	2 000
13.1.3 Rail operator’s duties	400	2 000
Division 13.2 Road vehicles—drivers’ duties
13.2.1(1) Driving	130	650
13.2.2(1) Parking	260	1 300
13.2.3(2) Control of ignition sources	800	4 000
13.2.3(3) Control of ignition sources	800	4 000
13.2.4(1) Unloading	800	4 000
13.2.5(1) Detaching trailer	800	4 000
13.2.6(1) Road tank vehicle equipped with burner	800	4 000
Division 14.1 Emergencies generally
14.1.1(2) Duties of drivers of road vehicles	260	1 300
14.1.2(2) Driver’s and rail operator’s duties	260	1 300
14.1.2(3) Driver’s and rail operator’s duties	260	1 300
14.1.3(2) Prime contractor’s and rail operator’s duties—food or food packaging	800	4 000
14.1.3(3) Prime contractor’s and rail operator’s duties—food or food packaging	800	4 000
14.1.4(2) Prime contractors and rail operators to inform Competent Authority	400	2 000
14.1.4(3) Prime contractors and rail operators to inform Competent Authority	400	2 000
Division 14.2 Emergencies involving placard loads
14.2.1(2) Telephone advisory service	800	4 000
14.2.1(3) Telephone advisory service	800	4 000
14.2.2(2) Emergency plans	800	4 000
14.2.2(3) Emergency plans	800	4 000
14.2.3(2) Consignor’s duties—information and resources	400	2 000
14.2.4(2) Prime contractor’s and rail operator’s duties—information and resources	400	2 000
Division 18.4 Dangerous goods vehicle licences
18.4.9(1) Disposal and transfer of licensed vehicles	130	650
18.4.9(2) Disposal and transfer of licensed vehicles	130	650
18.4.9(3) Disposal and transfer of licensed vehicles	130	650
18.4.9(4) Disposal and transfer of licensed vehicles	130	650
18.4.9(6) Disposal and transfer of licensed vehicles	130	650
18.4.11(2) Licence labels	130	650
18.4.11(3) Licence labels	130	650
Division 18.5 Requirements relating to dangerous goods driver licences
18.5.1(1) Licences to be carried	130	650
Division 18.6 Licences generally
18.6.3(1) Failure to comply with licence conditions	800	4 000
18.6.7(2) Change of information given in licence applications	130	650
18.6.8(2) Production of licences to licensing authority	130	650
Part 20 Insurance
20.1.1(1) Owner’s duties	1200	6 000
20.1.2(1) Prime contractor’s duties	1200	6 000
20.1.3(2) Requiring evidence of insurance etc	260	1 300

Note 1: The maximum infringement penalty for an offence must not exceed 20% of the maximum fine that could be imposed on an individual by a court for the offence (see subsection 79(2) of the Act).

Note 2: Court‑imposed maximum penalties for bodies corporate are 5 times those for individuals (see subsection 84(2) of the Act and {subclause} 1.5.1(2)).”.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

Endnote 2—Abbreviation key

ad = added or inserted	o = order(s)
am = amended	Ord = Ordinance
amdt = amendment	orig = original
c = clause(s)	par = paragraph(s)/subparagraph(s)
C[x] = Compilation No. x	/sub‑subparagraph(s)
Ch = Chapter(s)	pres = present
def = definition(s)	prev = previous
Dict = Dictionary	(prev…) = previously
disallowed = disallowed by Parliament	Pt = Part(s)
Div = Division(s)	r = regulation(s)/rule(s)
ed = editorial change	reloc = relocated
exp = expires/expired or ceases/ceased to have	renum = renumbered
effect	rep = repealed
F = Federal Register of Legislation	rs = repealed and substituted
gaz = gazette	s = section(s)/subsection(s)
LA = Legislation Act 2003	Sch = Schedule(s)
LIA = Legislative Instruments Act 2003	Sdiv = Subdivision(s)
(md) = misdescribed amendment can be given	SLI = Select Legislative Instrument
effect	SR = Statutory Rules
(md not incorp) = misdescribed amendment	Sub‑Ch = Sub‑Chapter(s)
cannot be given effect	SubPt = Subpart(s)
mod = modified/modification	underlining = whole or part not
No. = Number(s)	commenced or to be commenced

Endnote 3—Legislation history

Name	Registration	Commencement	Application, saving and transitional provisions
National Transport Commission (Model Amendments: Transport of Dangerous Goods by Road or Rail—Package No. 1) Regulations 2009 (SLI No. 148, 2009)	26 June 2009 (F2009L02498)	27 June 2009 (r 2)
Acts and Instruments (Framework Reform) (Consequential Amendments) Regulation 2016	29 Feb 2016 (F2016L00170)	Sch 1 (items 37, 38): 5 Mar 2016 (s 2(1) item 1)	—

Endnote 4—Amendment history

Provision affected	How affected
r 3.............................................	am F2016L00170
ed C1
Schedule 1
Part 3
item 64.......................................	ed C1
item 71.......................................	ed C1

Endnote 5—Editorial changes

In preparing this compilation for registration, the following kinds of editorial change(s) were made under the Legislation Act 2003.

Regulation 3 heading

Kind of editorial change

Correct a typographical error

Details of editorial change

The number “1” (in italics) appears at the end of the word legislation in the heading to regulation 3.

To remove the number “1” (in italics) from the heading to regulation 3.

This compilation was editorially changed to omit the number “1” from the heading to regulation 3.

Items 64 and 71 of Schedule 1

Kind of editorial change

Correct typographical errors

Details of editorial change

The note to clause 3.1.1 in Schedule 1 item 64 includes the term “provison”.

This compilation was editorially changed to insert an “i” into the term “provison” in the note to clause 3.1.1 and create the word “provision” to correct this typographical error.

The heading to clause 4.6.4 in Schedule 1 item 71 includes the term “prime contactors”. The text of clause 4.6.4 refers to a “prime contractor”.

This compilation was editorially changed to omit “prime contactors” from the heading to clause 4.6.4 and insert “prime contractors” to correct this typographical error.