National Transport Commission (Model Legislation—Transport of Dangerous Goods by Road or Rail) Regulations 2007 (Cth)
made under the
This is a compilation of the
The notes at the end of this compilation
(the
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 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 Register for the compiled law.
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.
For more information about any editorial changes made in this compilation, see the endnotes.
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 Register for the compiled law.
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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
• • • • •
These Regulations are the
National Transport Commission (Model Legislation—Transport of Dangerous Goods by Road or Rail) Regulations 2007 .
The purpose of these Regulations is to be the single reference point for model legislation relating to the transport of dangerous goods by road or rail.
Note: These Regulations are made in accordance with the 2003 Inter‑Governmental Agreement for Regulatory and Operational Reform in Road, Rail and Intermodal Transport entered into between the Commonwealth, the States, the Australian Capital Territory and the Northern Territory, as amended from time to time. (see subparagraph 3 (b) (i) of the
National Transport Commission Act 2003 ).
(1) Schedules 1 and 2 set out model legislation on the transport of dangerous goods by road or rail.
Note: The model legislation set out in Schedules 1 and 2 does not have the force of law (see paragraph 7 (2) (a) of the
National Transport Commission Act 2003 ).(2) It is intended that:
(a) the States, the Australian Capital Territory and the Northern Territory will adopt the model legislation to form part of uniform or nationally consistent legislation relating to road transport, rail transport and intermodal transport; and
(b) when so adopted, the legislation will constitute the primary law of the States, the Australian Capital Territory and the Northern Territory in relation to the transport of dangerous goods by road or rail.
Note: It is intended that when the model legislation is adopted by a State or Territory, the adopting State or Territory:
(a) in the case of a provision relating to strict liability for offences, or to defences against prosecution for offences, that are in curly brackets—will adopt, revise or do away with the provision; and
(b) in the case of words and phrases in curly brackets—will replace those words and phrases with appropriate expressions.
Schedule 1 may be cited as the
Model Act on the Transport of Dangerous Goods by Road or Rail 2007 .
Schedule 2 may be cited as the
Model Subordinate Law on the Transport of Dangerous Goods by Road or Rail 2007 .Note 1: The numbers enclosed in parenthesis after many of the provisions are:
(a) in the case of Schedule 1—references to provisions in the existing
Road Transport Reform (Dangerous Goods) Act 1995 or in the proposed Road Transport Reform (Compliance and Enforcement) Bill; and(b) in the case of Schedule 2—references to provisions in the existing
Road Transport Reform (Dangerous Goods) Regulations 1997 or Rail (Dangerous Goods) Rules.Note 2: The numbering of the sections in Schedule 1 and of the clauses in Schedule 2 are provisional. The resulting gaps in the Table of Contents and in the numbering of the provisions will be fixed after public consultation.
(regulations 4 and 5)
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.
Contents
• • • • • • •
• • •
• • • • • • • •
•
• • • • •
• • • • • • •
•
• • • •
• • • •
• •
• •
• • • •
• • • •
• •
• • • • • • • • •
• • • •
• • • •
• • • • •
• •
•
• • •
•
•
•
• •
• •
• •
•
•
• • • •
•
• • •
• • • • • •
• • •
• •
• • • • • •
• • • • • • • •
• • •
• • • • • • • • •
This Act may be cited as the {
Model Act on the Transport of Dangerous Goods by Road or Rail 2007 }. (1)Note: It is intended that when the model law is adopted by a State or Territory, the adopting State or Territory:
(a) in the case of a provision that is in curly brackets and relates to strict liability for offences, or to defences against prosecution for offences—will adopt, revise or do away with the provision; and
(b) in the case of other words and phrases that are in curly brackets—will replace those words and phrases with appropriate expressions. (new)
This Model Act was approved by the Australian Transport Council on 28 February 2007.
(1) The purpose of this Act is to regulate the transport of dangerous goods by road and rail in order to promote public safety and protect property and the environment. (3)
(2) It is the intention of Parliament that the purpose of this Act will be achieved in the context of nationally consistent road and rail transport laws, having regard to regional and modal differences. (CEB 3)
(1) In this Act, unless the contrary intention appears:
ADG Code means the Australian Code for the Transport of Dangerous Goods by Road and Rail, approved by the Australian Transport Council.authorised officer means an authorised officer appointed under section 12. (6)Competent Authority means the relevant Competent Authority appointed under section 11. (6)compliance purposes has the meaning given by subsection (2).corresponding authority means a Competent Authority appointed under a corresponding law.corresponding law means:(a) a law of another jurisdiction corresponding, or substantially corresponding, to this Act; or
(b) a law of another jurisdiction that is declared under the regulations to be a corresponding law, whether or not the law corresponds, or substantially corresponds, to this Act.
dangerous goods means:(a) a substance or article prescribed as dangerous goods; or
(b) a substance or article determined by the Competent Authority, in accordance with the {subordinate law}, to be dangerous goods. (6)
dangerous situation means a situation that is causing or is likely to cause imminent risk of serious injury to a person, significant harm to the environment or significant damage to property. (6)driver of a vehicle includes:(a) a two‑up driver of the vehicle who is present in or near the vehicle or combination; and
(b) a person who is driving the vehicle as a driver under instruction or under an appropriate learner licence or learner permit;
and where the vehicle is a unit of rolling stock forming part of a train but is not its locomotive, means the driver of the train.
driver licence means a licence (including a probationary and a conditional licence but not including a provisional or learner licence) issued under a State or Territory law authorising the licensee to drive a road vehicle.employee means an individual who works under a contract of employment, apprenticeship or training.employer means a person who employs persons under:(a) contracts of employment, apprenticeship or training; or
(b) contracts for services.
government authority means:(a) a department or an administrative unit of the public service; or
(b) an agency or instrumentality of the Crown; or
(c) a local government body; or
(d) the Competent Authority. (6)
improvement notice means an improvement notice issued under section 72.involvement in the transport of dangerous goods includes:(a) importing, or arranging for the importation of, dangerous goods into Australia; and
(b) packing dangerous goods for transport; and
(c) marking packages and overpacks containing dangerous goods for transport, and placarding containers and vehicles in which dangerous goods are transported; and
(d) consigning dangerous goods for transport, including the preparation of transport documentation; and
(e) loading dangerous goods onto a vehicle, or into a container that is to be put on a vehicle, for transport or unloading dangerous goods that have been transported; and
(f) undertaking, or being responsible for, otherwise than as an employee or sub‑contractor, the transport of dangerous goods; and
(g) driving a vehicle carrying dangerous goods; and
(h) being the consignee of dangerous goods that are transported; and
(i) being involved as a director, secretary or manager of a body corporate, or other person who takes part in the management of a body corporate, that takes part in an activity covered by this definition.
intelligent transport system means a system involving the use of electronic or other technology (whether located in or on a vehicle, or on or near a road or rail, or elsewhere) that has the capacity and capability to monitor, collect, store, display, analyse, transmit or report information relating to:(a) a vehicle or its equipment or load, the driver of a vehicle, the operator of a fleet of vehicles or another person involved in road or rail transport; and
(b) without limiting the above, whether a vehicle is being operated in conformity with this Act and authorisations issued under it.
jurisdiction means the Commonwealth or a State or Territory.offence means an offence against this Act. (6)overpack , in relation to the transport of dangerous goods, means packaging (other than large packaging within the meaning of the {subordinate law}) used to hold and consolidate packages into a single unit for easier handling and stowage. (MSL)Examples Pallet, together with strapping or shrink wrapping, designed to hold packages.
Box or crate into which packages are placed.
placard means a label or emergency information panel that is displayed in accordance with Chapter 5.3 of the ADG Code on:(a) a transport unit; or
(b) a container having one or more receptacles with a capacity of more than 500 kilograms or litres.
premises includes a structure, whether permanent or temporary, and land, but does not include a vehicle. (6)prime contractor, in respect of the transport of dangerous goods by road, means the person who, in conducting a business for or involving the transport of dangerous goods by road, has undertaken to be responsible for, or is responsible for, the transport of the goods by road.(MSL 1.2.22)public authority means:(a) the Crown in any capacity; or
(b) a body established by or under law, or the holder of an office established by or under law, for a public purpose, including a local government authority; or
(c) a police force or police service.
public place includes a place:(a) of public resort open to or used by the public as of right; or
(b) for the time being:
(i) used for a public purpose; or
(ii) open to access by the public;
whether on payment or otherwise; or
(c) open to access by the public by the express or tacit consent or sufferance of the owner of that place, whether the place is or is not always open to the public.
rail operator, in respect of the transport of dangerous goods by rail, means the person who 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. (MSL 1.2.23)
road law has the same meaning as in the {Road Transport Reform (Compliance and Enforcement) Act 200‑}..Note: Each State or Territory should replace the words in curly brackets with the name of the Act adopted in the State or Territory to implement the Road Transport Reform (Compliance and Enforcement) Bill—Model provisions, approved by the Australian Transport Council and dated 3 November 2003.
this Act includes the {subordinate law}. (6)train means 2 or more units of rolling stock (at least 1 unit of which is a locomotive or self‑propelled unit) that are coupled together.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 of packages and overpacks containing dangerous goods, and the placarding of containers and vehicles in or on which dangerous goods are transported; and
(c) other matters incidental to their transport. (6 + MSL)
transport documentation means documentation that complies with Chapter 11.1 of the ADG Code.two‑up driver means a person accompanying a driver of a vehicle on a journey or part of a journey, who has been, is or will be sharing the task of driving the vehicle during the journey.unit of rolling stock means a vehicle designed to run on rails.vehicle means:(a) a road vehicle, including an articulated vehicle; or
(b) a unit of rolling stock. (MSL)
warrant means a warrant issued under section 49.(2) For the purposes of this Act, a power to give a direction or to inspect a vehicle or premises or to search premises is exercised for
compliance purposes if the power is exercised:(a) to find out whether this Act is being complied with; or
(b) to investigate an offence or suspected offence.
(1) This Act binds the Crown in right of this jurisdiction and, in so far as the legislative power of the Parliament of this jurisdiction permits, the Crown in all its other capacities. (CEB 4)
(2) Nothing in this Act renders the Crown liable to be prosecuted for an offence. (new)
(1) The provisions of the
Acts Interpretation Act 1901 of the Commonwealth apply to the interpretation of this Act, except that:(a) Gazette is to refer to the Government Gazette of this jurisdiction; and
(b) Minister is to refer to the responsible Minister of this jurisdiction. (CEB 7)
(2) This section does not prevent the {interpretation legislation of this jurisdiction} from applying to the interpretation of this Act to the extent that it can do so consistently with the application of the provisions of the
Acts Interpretation Act 1901 of the Commonwealth. (CEB 7)(3) This section has effect subject to section 4.} (CEB 7)
(1) This Act does not apply to:
(a) dangerous goods that are, or form part of, personal safety equipment of persons in a vehicle transporting dangerous goods; and
(b) dangerous goods that are in a container that is designed to form part of, and forms part of, the fuel or battery system of a vehicle’s engine, auxiliary engine, fuel burning appliance or other part of a vehicle’s propulsion equipment. (10 + new)
(2) The provisions of this Act have effect despite any other law. (10)
(1) The {Governor/Executive} may make {subordinate law} prescribing matters:
(a) required or permitted to be prescribed by this Act; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act. (11)
(2) In particular, the {subordinate law} may make provision relating to the following:
(a) a system of classification of dangerous goods;
(b) classes of goods that are too dangerous to be transported;
(c) the determination by the Competent Authority of which class goods belong to;
(d) the analysis and testing of dangerous goods;
(e) fees that are to be paid for things done under this Act;
(f) the marking and labelling of packages and overpacks containing dangerous goods for transport and the placarding of containers and vehicles in or on which dangerous goods are transported;
(g) containers, vehicles, packaging, equipment and other items used in the transport of dangerous goods;
(h) the manufacture of containers, vehicles, packaging, equipment and other items for use in the transport of dangerous goods;
(i) voluntary accreditation schemes, including privileges to be accorded or sanctions to be imposed under the schemes and the cancellation or suspension of the schemes;
(j) the loading of dangerous goods for, and the unloading of dangerous goods after, their transport;
(k) the determination by the Competent Authority of routes along which, the areas in which and the times during which dangerous goods may or may not be transported;
(l) procedures for the transport of dangerous goods, including:
(i) the quantities and circumstances in which dangerous goods, or particular types of dangerous goods, may be transported; and
(ii) safety procedures and equipment;
(m) the licensing of:
(i) vehicles and drivers for the purpose of the transport of dangerous goods; and
(ii) persons responsible for the transport of dangerous goods or for vehicles used in that transport;
(n) the mandatory accreditation of persons involved in the transport of dangerous goods or particular aspects of that transport;
(o) the approval by the Competent Authority of the form in which applications are to be made to the Authority, and the form in which documents are to be issued by the Authority, for the purposes of the {subordinate law};
(p) the approval by the Competent Authority of:
(i) containers, 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 containers, vehicles, packaging, equipment and other items used, and processes carried out, in relation to the transport of dangerous goods;
(q) documents required to be prepared or kept by persons involved in the transport of dangerous goods and the approval by the Competent Authority of alternative documentation;
(r) obligations arising, and procedures to be followed, in the event of a dangerous situation in relation to the transport of dangerous goods;
(s) the training and qualifications required of authorised officers and other persons performing functions under this Act;
(t) the training and qualifications required of persons involved in, and the approval of training courses and qualifications relating to involvement in, the transport of dangerous goods;
(u) the recognition of laws of other jurisdictions relating to the transport of dangerous goods and of things done under those laws, and the giving effect to those things;
(v) infringement notices, and documents and costs relating to infringement notices;
(w) the establishment, powers and functions of a Competent Authorities Panel;
(x) the recognition of accredited providers of training, package testing, design verification and other similar activities;
(y) the passing of information on persons relevant to licensing or compliance and enforcement matters to another Competent Authority and other authorities involved in the enforcement of road and rail laws. (11 + new)
(3) The {subordinate law} may apply, adopt or incorporate any or all of the provisions of a code, standard, or rule relating to dangerous goods or to their transport. Those provisions may be applied, adopted or incorporated as they currently exist, as amended by the {subordinate law}, or as amended from time to time.(11)
(4) The {subordinate law} may:
(a) prescribe a substance or article as being dangerous goods; or
(b) prescribe various types of dangerous goods, including goods that are too dangerous to be transported, and methods for deciding which dangerous goods fall into each type;
by reference to such a code, standard or rule. (11)
(5) The {subordinate law} may provide for transitional arrangements.
(6) A reference in this section to a code, standard or rule includes a reference to one that is made outside Australia. (11)
The {subordinate law} may create offences, and may provide for a maximum penalty, not exceeding $6 000 for an individual or $30 000 for a body corporate, for each offence. (12)
The {subordinate law} may provide a system for review of decisions made under this Act and identified in the {subordinate law}. (CEB 186)
(1) The Minister may, {by notice in the Government Gazette,} appoint a Competent Authority, or separate Competent Authorities in relation to road transport and to rail transport, for the purposes of this Act. (13)
(2) The Competent Authority:
(a) may exercise all the powers and perform all the functions of an authorised officer; and
(b) when exercising those powers or performing those functions, has all the immunities of an authorised officer. (13)
(1) The Competent Authority may, {by notice in the Government Gazette,} appoint an individual, or a class of individuals, to be authorised officers. (14)
(2) In appointing an authorised officer, the Competent Authority may specify that the appointment is subject to conditions or restrictions relating to:
(a) the powers that are exercisable by the officer; or
(b) when, where and in what circumstances the officer may exercise powers. (14)
(3) The Competent Authority must issue each authorised officer who is not a police officer with an identification card containing any prescribed details. (14)
(1) An authorised officer who is not a police officer must:
(a) carry his or her card while carrying out duties under this Act; and
(b) if it is practicable, produce it before exercising a power of an authorised officer under this Act. (15)
(2) A police officer who is exercising, or is about to exercise, a power of an authorised officer under this Act must, if practicable, comply with a request to identify himself or herself by:
(a) producing the officer’s police identification, or authorised officer identification card (if issued); or
(b) stating orally or in writing the officer’s name, rank and place of duty, or the officer’s identification number.(15)
(1) A person who has been issued with an identification card and who stops being an authorised officer must return his or her identification card to the appropriate Competent Authority as soon as practicable. (16)
Offence provision.
{(2) It is a defence to a prosecution for an offence against subsection (1) that the person had a reasonable excuse.} (16)
(1) A person must not impersonate an authorised officer.
Offence provision. (new)
{(2) The offence is an offence of strict liability.}
(1) The Competent Authority may delegate any of its powers under this Act by signed instrument.
(2) Subsection (1) does not apply to the Competent Authority’s power:
(a) to appoint authorised officers; or
(b) to delegate its powers under this section.
(1) The Competent Authority may provide information to a corresponding authority about:
(a) any action taken by the Competent Authority under this Act; or
(b) any information obtained under this Act, including any information contained in any records, devices or other things inspected or seized under this Act.
(2) This section has effect subject to applicable privacy legislation.
(1) This section has effect in relation to another jurisdiction while the corresponding law of the other jurisdiction contains provisions corresponding to this section.
(2) The Minister may enter into agreements with a Minister of the other jurisdiction for the purposes of this section.
(3) To the extent envisaged by such an agreement:
(a) authorised officers of this jurisdiction may, in this jurisdiction or the other jurisdiction, exercise powers conferred on authorised officers of the other jurisdiction by or under the corresponding law of the other jurisdiction; and
(b) authorised officers of the other jurisdiction may, in this jurisdiction or the other jurisdiction, exercise powers conferred on authorised officers by this Act.
(4) Anything done by an authorised officer of this jurisdiction under paragraph (3) (a) (including an omission of an act) is taken to have been done under this Act as well as under the corresponding law.
(5) The regulations may make provision for or with respect to the exercise of powers under this section.
This Division applies to a road vehicle if:
(a) one of the following applies to the vehicle:
(i) it has a placard on it;
(ii) it is carrying a container that has a placard on it;
(iii) an authorised officer believes on reasonable grounds that it is carrying dangerous goods; and
(b) the vehicle is situated:
(i) on a road; or
(ii) in or on a public place; or
(iii) in or on premises occupied or owned by the Competent Authority or by any other public authority; or
(iv) in or on any premises where an authorised officer is lawfully present after entry under this Division.
(1) An authorised officer may, for compliance purposes, direct:
(a) the driver of a vehicle to which this Division applies to stop the vehicle; or
(b) the driver of the vehicle or any other person not to do any one or more of the following:
(i) move the vehicle;
(ii) interfere with it or any equipment in or on it;
(iii) interfere with its load.
(2) A direction to stop a vehicle may require that it be stopped without delay, or that it be stopped at the nearest place for it to be safely stopped as indicated by the officer.
(3) A direction given under subsection (1) does not prevent an authorised officer from giving the driver or another person a later inconsistent direction under another provision of this Act.
(4) A direction ceases to be operative to the extent that an authorised officer:
(a) gives the driver or another person a later inconsistent direction; or
(b) indicates to the driver or another person that the direction is no longer operative.
(5) A person who is given a direction under subsection (1) must comply with the direction.
Offence provision. (new)
{(6) An offence against subsection (5) is an offence of strict liability.}
(1) An authorised officer may, for compliance purposes, direct the driver of a vehicle to which this Division applies to move it or cause it to be moved to the nearest suitable location that is within the prescribed distance and specified by the officer.
(2) In subsection (1):
prescribed distance means a distance (in any direction) within a radius of 30 kilometres of:(a) the location of the vehicle when the direction is given; or
(b) any point along the forward route of the journey, if the direction is given in the course of a journey of the vehicle.
suitable location means a location that the authorised officer believes on reasonable grounds to be a suitable location having regard to any matters the officer considers relevant in the circumstances.(3) A person who is given a direction under subsection (1) must comply with the direction.
Offence provision.
(4) In proceedings for an offence against subsection (3), it is a defence if the person charged establishes that:
(a) it was not possible to move the vehicle concerned because it was broken down; and
(b) the breakdown occurred for a physical reason beyond the driver’s control; and
(c) the breakdown could not be readily rectified in a way that would enable the direction to be complied with within a reasonable time.
{(5) An offence against subsection (3) is an offence of strict liability.}
(1) An authorised officer may, for compliance purposes, direct the driver of a vehicle to which this Division applies to produce to the authorised officer:
(a) the driver’s driver licence; and
(b) any licence the driver is required to have by the {subordinate law}; and
(c) any transport documentation that is required to be carried on the vehicle by the {subordinate law}.
(2) A person who is given a direction under subsection (1) must comply with the direction.
Offence provision.
(3) The authorised officer may seize a licence produced to the officer in response to the direction if the officer reasonably believes that:
(a) the licence has been cancelled or suspended; or
(b) the licence has otherwise ceased to have effect; or
(c) the licence has been varied and the variation is not recorded on the licence; or
(d) the person who produced the licence is not the licensee.
(4) An authorised officer to whom a document that appears to be a licence is produced in response to the direction may seize the document if the officer reasonably believes that the document is not a licence.
{(5) An offence against subsection (2) is an offence of strict liability.}
(1) This section applies where an authorised officer believes on reasonable grounds that a vehicle to which this Division applies is:
(a) seriously endangering public safety, the environment or road infrastructure; or
(b) causing or likely to cause an obstruction to traffic.
(2) The officer may direct the driver of the vehicle to do either or both of the following:
(a) to move it, or cause it to be moved, to the extent necessary to avoid the danger or obstruction;
(b) to do anything else reasonably required by the officer, or to cause anything else reasonably required by the officer to be done, to avoid the harm or obstruction.
(3) A person who is given a direction under subsection (2) must comply with the direction.
Offence provision.
(4) In proceedings for an offence in relation to the contravention of a direction under paragraph (2) (a), it is a defence if the person charged establishes that:
(a) it was not possible to move the vehicle concerned because it was broken down; and
(b) the breakdown occurred for a physical reason beyond the driver’s control; and
(c) the breakdown could not be readily rectified in a way that would enable the direction to be complied with within a reasonable time.
{(5) An offence against subsection (3) is an offence of strict liability.}
(1) This section applies where the driver of a vehicle to which this Division applies fails to comply with a direction given by an authorised officer under another provision of this Division.
(2) It also applies where an authorised officer believes on reasonable grounds that the driver of a vehicle to which this Division applies:
(a) is not fit to drive the vehicle in order to comply with such a direction because the person:
(i) is apparently not physically or mentally fit to do so; or
(ii) is so affected by alcohol or a drug as to be unfit to do so; or
(b) is not qualified to drive the vehicle in order to comply with such a direction; or
(c) is not authorised to drive the vehicle in order to comply with such a direction because the person does not have the approval to do so of the person who is responsible for controlling or directing the operations of the vehicle.
(3) The officer may direct the driver to do any one or more of the following:
(a) to vacate the driver’s seat;
(b) to leave the vehicle;
(c) not to occupy the driver’s seat until permitted to do so by an authorised officer;
(d) not to enter the vehicle until permitted to do so by an authorised officer.
(4) The officer may direct any other person to do either or both of the following:
(a) to leave the vehicle;
(b) not to enter the vehicle until permitted to do so by an authorised officer.
(5) A person who is given a direction under subsection (3) or (4) must comply with the direction.
Offence provision. (36)
{(6) An offence against subsection (5) is an offence of strict liability. }
(1) This section applies where an authorised officer:
(a) believes on reasonable grounds that a vehicle to which this Division applies is unattended on a road; and
(b) is seeking to exercise powers in respect of the vehicle for compliance purposes; and
(c) believes on reasonable grounds that the vehicle should be moved to enable or to facilitate the exercise of those powers.
(2) The officer may:
(a) move the vehicle (by driving or towing it or otherwise); or
(b) authorise another person to move it (by driving or towing it or otherwise);
to the extent reasonably necessary to enable or to facilitate the exercise of the powers concerned.
(3) The officer may enter the vehicle, or authorise another person to enter it, for the purpose of moving the vehicle.
(4) The officer or person authorised by the officer may use reasonable force to do any or all of the following:
(a) to open unlocked doors and other unlocked panels and objects;
(b) to gain access to the vehicle, or its engine or other mechanical components, to enable the vehicle to be moved;
(c) to enable the vehicle to be towed.
(5) An authorised officer must not authorise a person to move a vehicle in accordance with this section unless the officer believes on reasonable grounds that the person is qualified and fit to do so.
(1) An authorised officer may, for compliance purposes, inspect a vehicle to which this Division applies.
(2) The power to inspect a vehicle includes the power:
(a) to enter the vehicle; and
(b) to weigh, test, measure or take photographs of the vehicle or any part of it or its equipment or load; and
(c) to check the existence or details of, or take photographs of, placards or other information required by the {subordinate law} to be displayed in or on the vehicle or any load on it; and
(d) to inspect and take copies of or extracts from any records that are located in or on the vehicle and that are required to be carried in or on the vehicle by the {subordinate law}; and
(e) to access or download information that is required to be kept by the {subordinate law} and that is:
(i) stored electronically in equipment located in or on the vehicle; or
(ii) accessible electronically from equipment located in or on the vehicle.
(3) Nothing in this section authorises the use of force, but an authorised officer may under this section do any or all of the following:
(a) open unlocked doors and other unlocked panels and objects;
(b) inspect anything that has been opened or otherwise accessed;
(c) move but not take away anything that is locked up or sealed.
(4) The officer may exercise powers under this section at any time, and without the consent of the driver or other person apparently in charge of the vehicle or any other person.
(1) An authorised officer may, for compliance purposes, search a vehicle to which this Division applies if the officer believes on reasonable grounds that:
(a) the vehicle has been used, is being used, or is likely to be used, in the commission of an offence; or
(b) the vehicle has been or may have been involved in a dangerous situation.
(2) The officer may form the necessary belief during or after an inspection or independently of an inspection.
(3) The officer may enter the vehicle for the purpose of or in connection with conducting the search.
(4) The officer may exercise powers under this section at any time, and without the consent of the driver or other person apparently in charge of the vehicle or any other person.
(5) Without limiting the above, the power to search a vehicle under this section includes any or all of the following:
(a) the power to search for evidence of an offence;
(b) the power to search for and inspect any records, devices or other things that relate to the vehicle or any part of its equipment or load and that are located in or on the vehicle;
(c) the power to take copies of or extracts from any or all of the following:
(i) any records that are located in or on the vehicle and that are required to be carried in or on the vehicle by the {subordinate law};
(ii) any transport documentation located in or on the vehicle;
(iii) any other records, or any readout or other data obtained from any device or thing, located in or on the vehicle that the officer believes on reasonable grounds provide, or may on further inspection provide, evidence of an offence.
(6) The power to search a vehicle under this section does not include a power to search a person.
(7) The officer may seize and remove a record, device or other thing from the vehicle that the officer believes on reasonable grounds provides, or may on further inspection provide, evidence of an offence.
(8) The officer may use reasonable force in the exercise of powers under this section.
(1) This section applies where an authorised officer believes on reasonable grounds that a vehicle to which this Division applies:
(a) is unattended or broken down; and
(b) is causing a dangerous situation.
(2) The officer may:
(a) move the vehicle (by driving or towing it or otherwise); or
(b) authorise another person to move it (by driving or towing it or otherwise);
to the extent reasonably necessary to avoid the dangerous situation.
(3) The officer may enter the vehicle, or authorise another person to enter it, for the purpose of moving the vehicle.
(4) The officer may drive the vehicle even though the officer is not qualified to do so, if the officer believes on reasonable grounds that there is no other person in, on or in the vicinity of the vehicle who is more capable of driving it than the officer.
(5) A person authorised by the officer may drive the vehicle even though the authorised person is not qualified to do so, if the officer believes on reasonable grounds that there is no other person in, on or in the vicinity of the vehicle who is more capable of driving it than the authorised person.
(6) The officer or person driving a vehicle under the authority of this section is exempt from any other provision of this Act or of a provision of a road law to the extent that it would require him or her to be licensed or otherwise authorised to drive it.
(7) The officer or person authorised by the officer may use reasonable force to the extent reasonably necessary to avoid the danger or obstruction.
(1) This section applies where an authorised officer believes on reasonable grounds that a vehicle to which this Division applies is broken down or otherwise immobilised on a road.
(2) The authorised officer may give directions to the driver or a person apparently in charge of the vehicle about how:
(a) repair work is to be carried out on the vehicle; or
(b) the vehicle is to be towed off the road; or
(c) the dangerous goods are to be removed from the vehicle; or
(d) the dangerous goods are to be dealt with after their removal from the vehicle.
(3) A person who is given a direction under subsection (2) must comply with the direction.
Offence provision.
{(4) An offence against subsection (3) is an offence of strict liability.} (13.3‑road, amd/2)
(1) This section applies if a vehicle to which this Division applies is involved in an incident resulting in a dangerous situation. (new)
(2) An authorised officer may give directions to the driver or a person apparently in charge of the vehicle about:
(a) the transport of the goods from the place of the incident; or
(b) how otherwise to deal with the goods. (new)
(3) The direction must:
(a) be in writing and be signed by the authorised officer; and
(b) state the name of the person to whom it is given; and
(c) identify the incident; and
(d) identify the dangerous goods to which it relates. (new)
(4) However, if it is not practicable to give the direction in writing, the direction may be given orally and confirmed in writing within 48 hours. (new)
(5) A person who is given a direction under subsection (2) must comply with the direction. (new)
Offence provision. (new)
{(6) An offence against subsection (5) is an offence of strict liability.} (new)
It is immaterial that an authorised officer or a person driving a vehicle under the authority of this Division is not authorised to do so by the person with responsibility for controlling or directing the operations of the vehicle.
This Division applies to a unit of rolling stock:
(a) that has a placard on it; or
(b) that is carrying a container that has a placard on it; or
(c) that an authorised officer knows or believes on reasonable grounds is carrying dangerous goods or is carrying a container containing dangerous goods.
(1) An authorised officer may, for compliance purposes, direct the rail operator in respect of a train that includes a unit of rolling stock to which this Division applies to cause the train to stop at a place where it may be safely inspected by the officer.
(2) A person who is given a direction under subsection (1) must comply with the direction.
Offence provision.
{(3) An offence against subsection (2) is an offence of strict liability.}
(1) An authorised officer may, for compliance purposes, direct the driver of a train that includes a unit of rolling stock to which this Division applies or any other person not to do any one or more of the following:
(a) move the train;
(b) interfere with the train or any equipment in or on it;
(c) interfere with any load on any unit of rolling stock that forms part of the train.
(2) A person who is given a direction under subsection (1) must comply with the direction.
Offence provision.
{(3) An offence against subsection (2) is an offence of strict liability.}
(1) Where a unit of rolling stock to which this Division applies does not form part of a train, an authorised officer may, for compliance purposes, direct a person not to do any one or more of the following:
(a) move the unit;
(b) interfere with the train or any equipment or container in or on it;
(c) attach any other rolling stock to the unit.
(2) A person who is given a direction under subsection (1) must comply with the direction.
Offence provision.
{(3) An offence against subsection (2) is an offence of strict liability.}
(1) An authorised office may direct the driver of a train that includes a unit of rolling stock to which this Division applies to produce to the authorised officer any transport documentation that is required to be carried on the train by the {subordinate law}.
(2) A person who is given a direction under subsection (1) must comply with the direction.
Offence provision.
{(3) An offence against subsection (2) is an offence of strict liability.}
(1) An authorised officer may, for compliance purposes, inspect a unit of rolling stock to which this Division applies or a train that includes or that the authorised officer believes on reasonable grounds includes a unit of rolling stock to which this section applies.
(2) The power to inspect a unit of rolling stock or a train includes the power:
(a) to enter the unit or train; and
(b) to weigh, test, measure or take photographs of the unit or train or any part of it or its equipment or load; and
(c) to check the existence or details of, or take photographs of, placards or other information required by the {subordinate law} to be displayed in or on the unit or any load on it; and
(d) to inspect and take copies of or extracts from any records that are located in or on the train and that are required to be carried in or on the train by the {subordinate law}; and
(e) to access or download information that is required to be kept by the {subordinate law} and that is:
(i) stored electronically in equipment located in or on the train; or
(ii) accessible electronically from equipment located in or on the train.
(3) Nothing in this section authorises the use of force, but an authorised officer may under this section do any or all of the following:
(a) open unlocked doors and other unlocked panels and objects;
(b) inspect anything that has been opened or otherwise accessed;
(c) move, but not take away, anything that is locked up or sealed.
(4) The officer may exercise powers under this section at any time, and without the consent of the driver or other person apparently in charge of the rolling stock or train or any other person.
(1) An authorised officer may, for compliance purposes, search a unit of rolling stock to which this Division applies or a train that includes or that the authorised officer believes on reasonable grounds includes a unit of rolling stock to which this section applies, if the officer believes on reasonable grounds that:
(a) the unit of rolling stock or train has been used, is being used, or is likely to be used, in the commission of an offence; or
(b) the unit of rolling stock or train has been or may have been involved in a dangerous situation.
(2) The officer may form the necessary belief during or after an inspection or independently of an inspection.
(3) The officer may enter the unit of rolling stock or train for the purpose of or in connection with conducting the search.
(4) The officer may exercise powers under this section at any time, and without the consent of the driver or other person apparently in charge of the unit of rolling stock or train or any other person.
(5) Without limiting the above, the power to search a unit of rolling stock or train under this section includes any or all of the following:
(a) the power to search for evidence of an offence;
(b) the power to search for and inspect any records, devices or other things that relate to the unit of rolling stock or train or any part of its equipment or load and that are located in or on the unit of rolling stock or train;
(c) the power to take copies of or extracts from any or all of the following:
(i) any records that are located in or on the unit of rolling stock or train and that are required to be carried in or on the unit of rolling stock or train by the {subordinate law};
(ii) any transport documentation located in or on the unit of rolling stock or train;
(iii) any other records, or any readout or other data obtained from any device or thing, located in or on the unit of rolling stock or train that the officer believes on reasonable grounds provide, or may on further inspection provide, evidence of an offence.
(6) The power to search a unit of rolling stock or train under this section does not include a power to search a person.
(7) The officer may seize and remove a record, device or other thing from the unit of rolling stock or train that the officer believes on reasonable grounds provides, or may on further inspection provide, evidence of an offence.
(8) The officer may use reasonable force in the exercise of powers under this section.
(1) This section applies to a train:
(a) that has failed or is otherwise immobilised; and
(b) that includes rolling stock to which this Division applies.
(2) An authorised officer may give directions to a person who is involved in the transport of the dangerous goods on the train about how:
(a) the dangerous goods are to be removed from the train; or
(b) the dangerous goods are to be dealt with after their removal from the train.
(3) A person who is given a direction under subsection (2) must comply with the direction.
Offence provision.
{(4) An offence against subsection (3) is an offence of strict liability.} (13.3‑rail, amd)
(1) This section applies if a train that includes rolling stock to which this Division applies is involved in an incident resulting in a dangerous situation. (new)
(2) An authorised officer may give, to the driver of the train or the rail operator, directions about:
(a) the transport of the goods from the place of the incident; or
(b) how otherwise to deal with the goods. (new)
(3) The direction must:
(a) be in writing and be signed by the authorised officer; and
(b) state the name of the person to whom it is given; and
(c) identify the incident; and
(d) identify the dangerous goods to which it relates. (new)
(4) However, if it is not practicable to give the direction in writing, the direction may be given orally and confirmed in writing within 48 hours. (new)
(5) A person who is given a direction under subsection (2) must comply with the direction. (new)
Offence provision. (new)
{(6) An offence against subsection (5) is an offence of strict liability.} (new)
This Division applies to premises occupied or controlled by a person involved in the transport of dangerous goods.
For the purposes of this Division, premises are not being used for residential purposes merely because temporary or casual sleeping or other accommodation is provided in the premises for vehicle drivers.
(1) An authorised officer may, for compliance purposes, inspect premises to which this Division applies.
(2) The officer may enter the premises for the purpose of conducting the inspection.
(3) Without limiting the above, the officer may inspect, or enter and inspect, any vehicle at the premises.
(4) Before an authorised officer enters premises (not being a public place) under this section, the officer must give the occupier of the premises reasonable notice of the intention to enter unless:
(a) the giving of the notice would be reasonably likely to defeat the purpose for which it is intended to enter the premises; or
(b) entry to the premises is made with the consent of the occupier of the premises; or
(c) entry is required in circumstances where the authorised officer reasonably believes there is an immediate risk to safety because of the carrying out of an operation at the premises in respect of dangerous goods; or
(d) entry is authorised by a warrant.
(5) This section does not authorise, without consent, the entry or inspection of:
(a) premises that are apparently unattended, unless the officer believes on reasonable grounds that the premises are not unattended; or
(b) premises that are, or any part of premises that is, used predominantly for residential purposes.
(6) Without limiting the above, the power to inspect premises under this section includes any or all of the following:
(a) the power to inspect and take copies of or extracts from any records located at the premises and required to be kept by or under the {subordinate law};
(b) the power to check the existence of and inspect any devices (including weighing, measuring, recording or monitoring devices) required to be installed, used or maintained by or under the {subordinate law}, and to inspect and take copies of or extracts from any readout or other data obtained from any such device;
(c) the power to use photocopying equipment on the premises free of charge for the purpose of copying any records or other material.
(7) This section does not authorise the use of force, but the officer may under this section do any or all of the following:
(a) open unlocked doors and other unlocked panels and objects;
(b) inspect anything that has been opened or otherwise accessed under the power to use reasonable force in the exercise of a power to enter or move a vehicle under this Part;
(c) move, but not take away, anything that is locked up or sealed.
(8) An authorised officer who enters premises under this section must not unnecessarily impede any activities being conducted at the premises.
(1) An authorised officer may, for compliance purposes, search premises to which this Division applies, if the officer believes on reasonable grounds that there may be at the premises records, devices or other things that may provide evidence of an offence.
(2) The officer may form the necessary belief during or after an inspection of the premises or independently of such an inspection.
(3) The officer may enter the premises for the purpose of conducting the search.
(4) Without limiting the above, the officer may search, or enter and search, any vehicle at the premises.
(5) The search may be conducted:
(a) at any time under the authority of a warrant; or
(b) at any time with the consent of the occupier or other person apparently in charge of the premises; or
(c) if a business is carried on at the premises—at any time during the ordinary business hours applicable at the premises (whether or not the premises are actually being used for that purpose), and without a warrant and without the consent of the occupier or other person apparently in charge of the premises or any other person.
(6) Before an authorised officer enters premises (not being a public place) under this section, the officer must give the occupier or other person apparently in charge of the premises reasonable notice of the intention to enter unless:
(a) the giving of the notice would be reasonably likely to defeat the purpose for which it is intended to enter the premises; or
(b) entry to the premises is made with the consent of the occupier of the premises; or
(c) entry is required in circumstances where the authorised officer reasonably believes there is an immediate risk to safety because of the carrying out of an operation at the premises in respect of dangerous goods; or
(d) entry is authorised by a warrant.
(7) This section does not authorise, without a warrant or consent, the entry or searching of:
(a) premises that are unattended, unless the officer believes on reasonable grounds that the premises are not unattended; or
(b) premises that are, or any part of premises that is, used predominantly for residential purposes.
(8) Without limiting the above, the power to search premises under this section includes any or all of the following:
(a) the power to search for evidence of an offence;
(b) the power to search for and inspect any records, devices or other things that relate to:
(i) a vehicle or any part of its equipment or load located at the premises; or
(ii) any dangerous goods located at the premises;
(c) the power to take copies of or extracts from any or all of the following:
(i) any records that are located at the premises and are required to be kept by or under the {subordinate law};
(ii) any transport documentation located at the premises;
(iii) any other records, or any readout or other data obtained from any device or thing, located at the premises that the officer believes on reasonable grounds provide, or may on further inspection provide, evidence of an offence;
(d) the power to use photocopying equipment on the premises free of charge for the purpose of copying any records or other material.
(9) The power to search premises under this section does not include a power to search a person.
(10) The officer may seize and remove any records, devices or other things from the premises that the officer believes on reasonable grounds provide, or may on further inspection provide, evidence of an offence.
(11) The officer may use reasonable force in the exercise of powers under this section.
(1) If an authorised officer suspects on reasonable grounds that an individual person:
(a) has committed or is committing or is about to commit an offence; or
(b) may be able to assist in the investigation of an offence;
the officer may direct the person to give the officer then and there any or all of the person’s personal details.
(2) If an authorised officer suspects on reasonable grounds that a personal detail given by a person in response to a direction is false or misleading, the officer may direct the person to produce evidence then and there of the correctness of the detail.
(3) A person who is given a direction under subsection (1) or (2) must comply with the direction.
Offence provision.
(4) A person who is given a direction under subsection (1) must not give, in purported response to the direction, any details that are false or misleading in a material particular.
Offence provision.
(5) A person who is given a direction under subsection (2) must not produce, in purported response to the direction, any evidence that is false or misleading in a material particular.
Offence provision.
(6) In this section:
personal details , in relation to a person, means:(a) the person’s full name; and
(b) the person’s date of birth; and
(c) the address of where the person is living; and
(d) the address of where the person usually lives; and
(e) the person’s business address.
{(7) An offence against subsection (5) is an offence of strict liability.}
(1) An authorised officer may, for compliance purposes, direct a person to produce:
(a) any records required to be kept by the person under this Act; or
(b) any records required to be kept under this Act in the person’s possession or under the person’s control; or
(c) any records, or any devices or other things that contain or may contain records, in the person’s possession or under the person’s control relating to or indicating an offence.
(2) The direction must:
(a) specify:
(i) the records, devices or other things; or
(ii) the classes of records, devices or other things;
that are to be produced; and
(b) state where and to whom the records, devices or other things are to be produced.
(3) The officer may do any or all of the following:
(a) inspect records, devices or other things that are produced;
(b) make copies of, or take extracts from, records, devices or other things that are produced;
(c) seize and remove records, devices or other things that are produced that the officer believes on reasonable grounds may on further inspection provide evidence of an offence.
(4) A person who is given a direction under subsection (1) must comply with the direction.
Offence provision.
{(5) The offence is an offence of strict liability.}
(1) An authorised officer may, for compliance purposes, direct a person involved in the transport of dangerous goods to provide information to the officer about a vehicle or any load or equipment carried or intended to be carried by a vehicle.
(2) Without limiting the above, a direction under subsection (1) may require a person who is associated with a particular vehicle to provide information about the current or intended trip of the vehicle, including:
(a) the location of the start or intended start of the trip; and
(b) the route or intended route of the trip; and
(c) the location of the destination or intended destination of the trip.
(3) A person who is given a direction under subsection (1) must comply with the direction.
Offence provision.
{(4) The offence is an offence of strict liability.}
(1) An authorised officer may direct a person who is involved in the transport of dangerous goods to provide reasonable assistance to the officer to enable the officer effectively to exercise a power in relation to goods with which the person is involved..
(2) Without limiting the above, the assistance may include helping the officer to do any or all of the following:
(a) to find and gain access to any records or information relating to a vehicle, including but not limited to:
(i) records and information required to be kept in or on a vehicle; or
(ii) records and information in a useable form for the purpose of ascertaining its compliance with requirements imposed by this Act;
(b) to find and gain access to devices on which information is electronically stored and the information stored on them;
(c) to weigh or measure:
(i) the whole or any part of a vehicle; or
(ii) the whole or any part of its equipment or load;
(d) to operate equipment or facilities for a purpose relevant to the power being or proposed to be exercised;
(e) to provide access free of charge to photocopying equipment for the purpose of copying any records or other material.
(3) A person who is given a direction under subsection (1) must comply with the direction.
Offence provision.
(1) This section applies where an authorised officer believes on reasonable grounds that:
(a) there may be at particular premises, then or within the next 72 hours, records, devices or other things that may provide evidence of an offence; or
(b) a vehicle has been or may have been involved in an offence or a dangerous situation and:
(i) the vehicle is or has been located at particular premises; or
(ii) particular premises are or may be otherwise connected (directly or indirectly) with the vehicle or any part of its equipment or load.
(2) The officer may apply to a [magistrate/authorised justice] for a warrant authorising the officer to exercise a power to enter and search the premises under this Part.
(1) An authorised officer may exercise powers under this Part with the aid of such assistants and equipment as the officer considers reasonably necessary in the circumstances.
(2) Powers that may be exercised by an authorised officer under this Part may be exercised by an assistant authorised and supervised by the officer, but only if the officer considers that it is reasonably necessary in the circumstances that the powers be exercised by an assistant.
(1) An authorised officer exercising a power under this Part may bring to, or on to, a vehicle or premises any equipment reasonably necessary for the examination or processing of things found in, on or at the vehicle or premises in order to determine whether they are things that may be seized.
(2) If:
(a) it is not practicable to examine or process the things at the vehicle or premises; or
(b) the occupier of the vehicle or premises consents in writing;
the things may be moved to another place so that the examination or processing can be carried out in order to determine whether they are things that may be seized.
(3) The officer, or a person assisting the officer, may operate equipment already in, on or at the vehicle or premises to carry out the examination or processing of a thing found in, on or at the vehicle or premises in order to determine whether it is a thing that may be seized, if the officer or person assisting believes on reasonable grounds that:
(a) the equipment is suitable for the examination or the processing; and
(b) the examination or processing can be carried out without damage to the equipment or the thing.
(1) If:
(a) a thing found in, on or at a vehicle or premises is, or includes, a disk, tape or other device for the storage of information; and
(b) equipment in, on or at the vehicle or premises may be used with the disk, tape or other storage device; and
(c) the authorised officer concerned believes on reasonable grounds that the information stored on the disk, tape or other storage device is relevant to determine whether an offence has been committed;
the officer or a person assisting the officer may operate the equipment to access the information.
(2) If the officer or a person assisting the officer finds that a disk, tape or other storage device in, on or at the vehicle or premises contains information of a kind referred to in paragraph (1) (c), he or she may:
(a) put the information in documentary form and seize the documents so produced; or
(b) copy the information to another disk, tape or other storage device and remove that storage device from the vehicle or premises; or
(c) if it is not practicable to put the information in documentary form or to copy the information, seize the disk, tape or other storage device and the equipment that enables the information to be accessed.
(3) An officer or a person assisting an officer must not operate or seize equipment for the purpose mentioned in this section unless the officer or person assisting believes on reasonable grounds that the operation or seizure of the equipment can be carried out without damage to the equipment.
If a record, device or other thing is seized and removed under this Part, the authorised officer concerned must:
(a) give a receipt for it to the person from whom it is seized and removed; and
(b) if practicable, allow the person who would normally be entitled to possession of it reasonable access to it.
(1) This section applies where:
(a) an authorised officer is authorised to seize any record, device or other thing under this Part; and
(b) the record, device or other thing cannot, or cannot readily, be physically seized and removed.
(2) The officer may issue an embargo notice under this section.
(3) An
embargo notice is a notice forbidding the movement, sale, leasing, transfer, deletion of information from or other dealing with the record, device or other thing, or any part of it, without the written consent of the officer or the Competent Authority.(4) The embargo notice:
(a) must be in any form, or contain any particulars, required by the {subordinate law}; and
(b) must list the activities that it forbids; and
(c) must set out a copy of subsection (8).
(5) The officer may issue the notice:
(a) by causing a copy of the notice to be served on the person with responsibility for the vehicle or premises concerned; or
(b) if that person cannot be located or ascertained after all reasonable steps have been taken to do so, by affixing a copy of the notice to the record, device or other thing in a prominent position.
(6) A person who knows that an embargo notice relates to a record, device or other thing must not:
(a) do anything that is forbidden by the notice; or
(b) instruct another person to do so.
Offence provision.
(7) It is a defence to a prosecution for an offence against subsection (6) to establish that the person charged:
(a) moved the record, device or other thing, or part of it, to protect or preserve it; or
(b) notified the officer who issued the notice of the move, and of the new location of the record, device or other thing or part of it, within 48 hours after the move.
(8) A person upon whom an embargo notice has been served must take reasonable steps to prevent any other person from doing anything forbidden by the notice.
Offence provision.
(9) Despite anything in any other Act, a sale, lease or transfer or other dealing with a record, device or other thing, or part of it, in contravention of this section is void.
{(10) Offences under this section are offences of strict liability.}
A provision of this Part that authorises an authorised officer to use reasonable force does not authorise the use of force against an individual unless the authorised officer is also a police officer.
(1) Before obtaining the consent of a person for the purposes of a provision of this Part, an authorised officer must inform the person that he or she may refuse to give consent.
(2) An entry by or the exercise of any power under this Part by an authorised officer by virtue of the consent of a person is not lawful unless the person voluntarily consented to the entry.
(3) Consent may be withdrawn after it has been given, and the power concerned must no longer be exercised by virtue of the consent.
(1) A direction under this Part may be given orally, in writing or in any other manner.
(2) A direction not given in person may be sent or transmitted by post, telephone, facsimile, electronic mail, radio or in any other manner.
(3) A direction may be given to a driver orally or by means of a sign or signal (electronic or otherwise), or in any other manner.
(1) If given orally, a direction under this Part must state whether it is to be complied with then and there or within a specified period.
(2) If given in writing, a direction under this Part must state the period within which it is to be complied with.
(1) An authorised officer may, on the same occasion, give directions under one or more provisions of this Part.
(2) Without limiting the above, an authorised officer may, in the course of exercising powers under a provision of this Part, give:
(a) further directions under the provision; or
(b) directions under one or more other provisions of this Part;
or both.
(1) This section applies where:
(a) an authorised officer or a person authorised by the officer has taken action in the exercise or purported exercise of a power under this Part in relation to a vehicle or its equipment or load or in relation to any premises; and
(b) damage was caused by the unreasonable exercise of the power or by the use of force that was not authorised under this Part.
(2) The officer must take reasonable steps to return the vehicle, equipment, load or premises to the condition it was in immediately before the action was taken.
(1) A person is not excused from complying with a direction given under this Part on the ground that compliance with the direction may result in information being provided that might incriminate the person.
(2) A person required, in accordance with this Part:
(a) to produce a record, or a device or other thing that contains or may contain a record; or
(b) to provide information; or
(c) to provide assistance;
is not excused from doing so on the ground that doing so may result in information being provided that might incriminate the person.
(3) In proceedings for an offence of failing to comply with a direction under section 47 (Direction to provide information) or section 48 (Direction to provide reasonable assistance for powers of inspection and search), it is a defence if the person charged establishes that:
(a) the person, in complying with the direction, would have been required to answer a question; and
(b) the person objected to complying with the direction on the ground that the answer might incriminate the person; and
(c) there were reasonable grounds for the objection.
(4) In proceedings for an offence of failing to comply with a direction to produce records, devices or other things, to provide information or to provide reasonable assistance, it is a defence if the person charged establishes that:
(a) the person, in complying with the direction, would have been required:
(i) to locate, identify or reveal the whereabouts of a record; or
(ii) to explain the contents of a record; and
(b) the person objected to complying with the direction on the ground that the record (or the information in it) might incriminate the person; and
(c) there were reasonable grounds for the objection.}
Note: Self‑incrimination will be dealt with as appropriate for each jurisdiction. These provisions are provided by way of example.
Except as provided by any applicable privacy legislation, the Competent Authority may, for law enforcement purposes, give a record, device or other thing seized in accordance with this Part, or any information obtained in accordance with this Part to a public authority, including a public authority of another jurisdiction.
(1) A person must not obstruct or hinder an authorised officer or a person assisting an authorised officer in the exercise of a power under this Part.
Offence provision.
(2) However, an offence is not committed under this section unless it is established that the power:
(a) was being exercised lawfully; and
(b) without limiting paragraph (a), was:
(i) exercisable without consent; or
(ii) being exercised with consent or under the authority of a warrant.
(3) The prosecution bears a legal burden in relation to the matters in subsection (2).
(1) A person, or a representative of a class of persons, may apply to the Competent Authority for an exemption from compliance with a provision of the {subordinate law} in relation to the transport of particular dangerous goods. (32)
(2) The Competent Authority may, on its own initiative or on application under subsection (1), exempt a person or class of persons from compliance with a provision of the {subordinate law} in relation to the transport of particular dangerous goods if the Competent Authority is satisfied that:
(a) it is not reasonably practicable for the person or class of persons to comply with the provision; and
(b) granting the exemption:
(i) would not be likely to create a risk of death or injury to a person, or harm to the environment or to property, greater than that which would be the case if the person or class of persons were required to comply; and
(ii) would not cause unnecessary administrative or enforcement difficulties, particularly with respect to maintaining national uniformity of road and rail transport laws. (32)
(3) An exemption may be subject to conditions, including a condition that it applies to either or both of the following:
(a) the transport of dangerous goods by road;
(b) the transport of dangerous goods by rail. (new +32)
(4) If the Competent Authority grants an exemption to a person, the Competent Authority must send a notice to the person stating:
(a) the provisions of the {subordinate law} that are the subject of the exemption; and
(b) the dangerous goods to which the exemption applies; and
(c) the period of time for which the exemption remains in force; and
(d) the conditions to which the exemption is subject; and
(e) the geographical area for which the exemption is valid. (32)
(5) If the Competent Authority:
(a) grants an exemption to a class of persons; or
(b) grants an exemption that is to remain in force for longer than 6 months;
the Competent Authority must place a notice in the Government Gazette specifying all the details in subsection (4) and the person or class of persons to which the exemption applies. (32)
(6) A person operating under an exemption must comply with any condition subject to which the exemption was granted. (32)
Offence provision. (32)
(7) If an exemption is granted to a person, and the exemption applies to a vehicle or to premises, the person must keep a copy of the notice of exemption in the vehicle or premises. (32)
(8) If the Competent Authority:
(a) grants an exemption to a class of persons; or
(b) grants an exemption that is to remain in force for longer than 6 months;
the Competent Authority must notify the Competent Authority of each other State and Territory of the details of the exemption. (32)
(1) The Competent Authority may cancel an exemption if:
(a) the Authority is satisfied that a condition to which the exemption is subject has not been complied with; or
(b) the Authority is no longer satisfied of the matters referred to in subsection 64 (2). (33)
(2) The Competent Authority may vary or cancel conditions to which an exemption is subject or impose new conditions. (33)
(3) An exemption granted to a person is to be varied or cancelled by notice in writing given to the person, and the variation or cancellation takes effect from the day on which the notice is given, or from a later day specified in the notice. (33)
(4) An exemption granted to a class of persons is to be varied or cancelled by notice published in the Government Gazette, and the variation or cancellation takes effect on the day of publication, or from a later day specified in the notice. (33)
If the Competent Authority:
(a) refuses to grant an exemption to a person or a class of persons; or
(b) cancels an exemption granted to a person or a class of persons; or
(c) grants an exemption to a person or a class of persons subject to conditions; or
(d) varies or cancels conditions to which an exemption granted to a person or a class of persons is subject or imposes new conditions;
the person or a representative of the class of persons may apply for a review of the decision. (new + 33A)
(1) The Minister may order, by notice in the Government Gazette, that the operation of the {subordinate law}, or of specified parts of the {subordinate law}:
(a) is suspended for a specified period; or
(b) is varied in a manner specified by the Minister. (34)
(2) An order may have effect in relation to the whole jurisdiction or to a specified area. (34)
(1) In this section, a reference to this Act does not include the {subordinate law}. (new)
(2) If a provision of this Act is followed by the phrase ‘Offence provision’, an individual who fails to comply with the provision is guilty of an offence punishable by a penalty (whether a fine, imprisonment or both) not exceeding the penalty set out for the offence in column 3 of Schedule 1.1. (new)
(3) If a body corporate is found guilty of the offence, the maximum fine for the body corporate is 5 times the maximum fine that could be imposed on an individual for the offence. (new)
(1) A prime contractor must not use a vehicle to transport dangerous goods (other than as the driver of the vehicle) if:
(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}. (35)
Offence provision. (35)
(2) A person must not employ, engage or permit another person to drive a vehicle transporting dangerous goods if the other person is required by the {subordinate law} to be licensed to drive the vehicle and is not so licensed. (35)
Offence provision. (35)
(3) A person must not drive a vehicle transporting dangerous goods if:
(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}. (35)
Offence provision. (35)
(4) A person who is required by the {subordinate law} to be accredited to be involved in the transport of dangerous goods, or a particular aspect of that transport, must not be so involved without being so accredited. (35)
Offence provision. (35)
(5) A person must not drive a vehicle transporting dangerous goods if:
(a) the {subordinate law} requires the person to be licensed to drive the vehicle; and
(b) the person is not licensed under the {subordinate law}. (35)
Offence provision. (35)
{(6) For this section:
(a) an offence against subsection (1), (3), (4) or (5) is an offence of strict liability; and
(b) strict liability applies to the physical element in subsection (2) that the other person is required by the {subordinate law} to be licensed to drive the vehicle.} (new)
(1) A person must not consign goods for transport if the {subordinate law} identifies the goods as being goods too dangerous to be transported. (36 + new)
Offence provision. (36)
(2) An offence against subsection (1) is an offence of strict liability.
(3) Subsection (1) includes a person who arranges for the conveyance of goods too dangerous to be transported on a vehicle owned or controlled by the person. (new)
(4)For the purposes of this section, a person
consigns goods too dangerous to be transported if:(a) subsection (5) applies to the person; or
(b) subsection (5) does not apply to the person or anyone else, but subsection (6) applies to the person; or
(c) subsections (5) and (6) do not apply to the person or anyone else, but subsection (7) applies to the person.
(a) be identified by a unique number; and
(b) specify the date of service of the notice; and
(c) specify the full name, or surname and initials, and address of the person; and
(d) give brief details of the offence, including:
(i) the date and approximate time of the offence; and
(ii) where the offence happened; and
(iii) the provision of the Act or {this Subordinate Law} contravened; and
(e) specify the infringement penalty for the offence payable under the notice; and
(f) specify the place where, and any method by which, the infringement penalty may be paid; and
(g) specify the Competent Authority’s name and address; and
(h) contain the additional information required by {clause} 21.1.5; and
(i) be signed by the authorised officer.
The infringement notice must inform the person that:
(a) the person may pay the infringement penalty specified in the notice:
(i) by posting or delivering the payment to the place of payment specified in the notice; or
(ii) in any other way specified in the notice; and
(b) unless the notice is withdrawn, if the person pays the infringement penalty within 28 days after the day when the notice is served on the person (or any longer time allowed in writing by the authorised officer):
(i) any liability of the person for the offence to which the notice relates will be discharged; and
(ii) the person will not be prosecuted in court for the offence; and
(iii) the person will not be taken to have been convicted of the offence; and
(c) if the person does not pay the infringement penalty within that time, the person may be prosecuted in court for the offence; and
(d) if the person wishes a court to decide whether he or she is guilty of the offence, the person must notify the Competent Authority accordingly in writing within 28 days after the day when the notice is served on the person; and
(e) if the person notifies the Competent Authority in writing of that wish within the 28 days:
(i) the infringement notice may be withdrawn; and
(ii) he or she may be prosecuted in court for the offence; and
(f) if the person is prosecuted in court and found guilty of the offence, the person may be convicted of the offence and ordered to pay a penalty and costs, and be subject to any other order that the court makes.
(1) If an infringement notice is served by an authorised officer on a person for an offence and the infringement penalty specified in the notice is not paid within 28 days after the day when the notice is served on the person, the officer may give a reminder notice to the person.
(2) The reminder notice must:
(a) include the information mentioned in paragraphs 21.1.4 (a) to (h); and
(b) contain the additional information required by {clause} 21.1.7; and
(c) be signed by the authorised officer.
The reminder notice must inform the person that:
(a) the time for payment of the infringement penalty specified in the infringement notice has been extended; and
(b) the person may pay the infringement penalty specified in the infringement notice:
(i) by posting or delivering the payment to the place of payment specified in the notice; or
(ii) in any other way specified in the notice; and
(c) unless the infringement notice is withdrawn, if the person pays the infringement penalty within 28 days after the day when the reminder notice is served on the person (or any longer time allowed in writing by the authorised officer):
(i) any liability of the person for the offence to which the notices relate will be discharged; and
(ii) the person will not be prosecuted in court for the offence; and
(iii) the person will not be taken to have been convicted of the offence; and
(d) if the person does not pay the infringement penalty within that time, the person may be prosecuted in court for the offence; and
(e) if the person wishes a court to decide whether he or she is guilty of the offence, the person must notify the Competent Authority in writing within 28 days after the day when the reminder notice is given to the person; and
(f) if the person notifies the Competent Authority in writing of that wish within the 28 days:
(i) the infringement notice may be withdrawn; and
(ii) he or she may be prosecuted in court for the offence; and
(g) if the person is prosecuted in court and found guilty of the offence, the person may be convicted of the offence and ordered to pay a penalty and costs, and be subject to any other order that the court makes.
(1) A notice withdrawing an infringement notice served on a person for an offence must:
(a) include the following information:
(i) the full name, or surname and initials, and address of the person;
(ii) the number of the notice;
(iii) the date of service of the notice; and
(b) state that the notice is withdrawn; and
(c) if an authorised officer intends to bring a prosecution against the person in a court for the offence—state that a prosecution may be brought against the person in a court for the offence.
(2) If the person has already paid the infringement penalty specified in the notice, the Competent Authority must refund it.
(1) This Part does not:
(a) require an infringement notice to be served on a person for an offence; or
(b) affect the liability of a person to be prosecuted for an offence if an infringement notice is not served on the person for the offence; or
(c) prevent the service of 2 or more infringement notices on a person for an offence; or
(d) affect the liability of a person to be prosecuted for an offence if the person does not comply with an infringement notice for the offence; or
(e) limit or otherwise affect the penalty that may be imposed by a court on a person convicted of an offence.
(2) However, if the person on whom an infringement notice is served for an offence pays the infringement penalty specified in the notice:
(a) any liability of the person for the offence is discharged; and
(b) the person may not be prosecuted in a court for the offence; and
(c) the person is not taken to have been convicted of the offence.
(1) A person does not commit an offence against the Act or{this subordinate law} if, within the period of 12 months {
local variation } after the commencement of the Act, the person transports dangerous goods by road or rail in accordance with the law that regulated the transport of dangerous goods by road or rail and was in force in this jurisdictionimmediately before the commencement of the Act.(2) Where an exemption or approval that is continued in effect by virtue of this Part does not have an expiry date, it will expire on the fifth anniversary of the commencement of the Act.
(1) This {clause} applies to a determination (however described) that:
(a) was made under a law that regulated the transport of dangerous goods by road or rail; and
(b) was in force in this jurisdiction immediately before the commencement of the Act; and
(c) is a determination in respect of something that may be determined under a provision (the
relevant provision ) of any of the following {clauses}:• (i) 1.6.1 (Determinations—dangerous goods and packaging);
(ii) 1.6.2 (Determinations—foreign approved IBCs, tanks and MEGCs);
(iii) 1.6.3 (Determinations—vehicles, routes, areas and times).
(2) The determination has effect for {this subordinate law} as if it were a determination made by the Competent Authority under the relevant {clause} of {this subordinate law}.
(3) Without limiting {subclause (1)}, the Competent Authority may record the determination in the register of determinations kept under {clause} 1.6.5.
(4) {Subclause (3)} does not apply to a determination if it was made on the application of a person and applies only to the person.
(1) This {clause} applies to a determination (however described) that:
(a) was made under a law regulating the transport of dangerous goods by road or rail made by a jurisdiction that has passed or has indicated that it intends to pass a corresponding law;
(b) was in force in the {State/Territory} immediately before the commencement of the Act; and
(c) is a determination about something that may be determined under a provision of the law of the other {State/Territory} (the
corresponding provision ) that corresponds to a provision of a {clause} mentioned in paragraph 22.1.2 (1) (c).
(2) Except for circumstances that do not exist in this jurisdiction, the determination has effect for {this subordinate law} as if it were a determination made by the corresponding authority for the other {State/Territory} under the corresponding provision.
(1) This {clause} applies to an exemption (however described) that:
(a) was granted under a law regulating the transport of dangerous goods by road or rail; and
(b) was in force in this {State/Territory} immediately before the commencement of the Act; and
(c) is an exemption from compliance with a provision of that law corresponding to a provision (the
relevant provision ) of {this subordinate law}.
(2) The exemption has effect for {this subordinate law} as if it were an exemption granted by the Competent Authority from compliance with the relevant provision.
(3) Without limiting {subclause (2)}, the Competent Authority may record the exemption in the register of exemptions kept under {clause} 1.6.5.
(1) This {clause} applies to an exemption (however described) that:
(a) was granted under a law regulating the transport of dangerous goods by road or rail made by a {State/Territory} that has passed or has indicated that it intends to pass a corresponding law; and
(b) was in force in the other {State/Territory} immediately before the commencement of the Act; and
(c) is an exemption from compliance with a provision of the law of the other {State/Territory} (the
corresponding provision ) corresponding to a provision of the Act or{this subordinate law}.
(2) Except for circumstances that do not exist in this {State/Territory}, the exemption has effect for the Act or {this subordinate law} as if it were an exemption granted by the corresponding authority for the other {State/Territory} from compliance with the corresponding provision.
(1) This {clause} applies to an approval (however described) if the approval:
(a) was given under a law regulating the transport of dangerous goods by road; and
(b) was in force in this {State/Territory} immediately before the commencement of the Act; and
(c) is an approval of something that may be approved under a provision (the
relevant provision ) of any of the following provisions:(i) {clause} 1.3.2 (Approvals—tests and training courses for drivers);
(ii) Division 4.2 (Suitability and design of packaging);
(iii) {clause} 9.1.8 (Approvals—segregation devices and methods of segregation;
(iv) {clause} 11.2.7 (Approvals—emergency information).
(2) The approval has effect for {this subordinate law} as if it were an approval given by the Competent Authority under the relevant provision.
(3) Without limiting {subclause} (2), the Competent Authority may record the approval in the register of approvals kept under {clause} 17.2.1.
(1) This subordinate law applies to an approval (however described) that:
(a) was given under a law regulating the transport of dangerous goods by road or rail made by a {State/Territory} that has passed or has indicated that it intends to pass a corresponding law; and
(b) was in force in the other {State/Territory} immediately before the commencement of the Act; and
(c) is an approval of something that may be approved under a provision of the law of the other {State/Territory} (the
corresponding provision ) corresponding to a provision mentioned in paragraph 22.1.6 (1) (c).
(2) Except for circumstances that do not exist in this {State/Territory}, the approval has effect for {this subordinate law} as if it were an approval given by the corresponding authority for the other {State/Territory} under the corresponding provision.
(1) This {clause} applies to a licence (however described) that:
(a) was granted under a law regulating the transport of dangerous goods by road; and
(b) was in force in this {State/Territory} immediately before the commencement of the Act; and
(c) is a licence that may be granted under either of the following provisions (the
relevant provision ):(i) {clause} 18.3.5 (Grant of dangerous goods driver licences)18.11 (which is about bulk driver licences);
(ii) {clause} 18.4.4 (Grant of dangerous goods vehicle licences).
(2) The licence has effect for {this subordinate law} as if it were a licence granted by the Competent Authority under the relevant provision.
(3) Without limiting {subclause (2)}, the Competent Authority may record the licence in the relevant register of licences kept under {clause} 18.6.5.
(1) This {clause} applies to a licence (however described) that:
(a) was granted under a law regulating the transport of dangerous goods by road or rail made by a {State/Territory} that has passed or has indicated that it intends to pass a corresponding law; and
(b) was in force in the other {State/Territory} immediately before the commencement of the Act; and
(c) is a licence that may be granted under a provision of the law of the other {State/Territory} (the
corresponding provision ) corresponding to a provision mentioned in paragraph 22.1.8 (1) (c).
(2) Except for circumstances that do not exist in this {State/Territory}, the licence has effect for {this subordinate law} as if it were a licence granted by the corresponding authority for the other jurisdiction under the corresponding provision.
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.
1.1.8 (3) Special provisions for tools of trade | 800 | 4 000 |
1.1.8 (4) Special provisions for tools of trade | 800 | 4 000 |
1.1.8 (5) Special provisions for tools of trade | 800 | 4 000 |
1.3.1 (2) Instruction and training | 800 | 4 000 |
1.3.1 (3) Instruction and training | 800 | 4 000 |
1.5.2 (1) Goods suspected of being dangerous goods | 800 | 4 000 |
1.5.2 (2) Goods suspected of being dangerous goods | 800 | 4 000 |
1.6.1 (4) Conditions of determination | 800 | 4 000 |
4.2.2 (1) Marking packaging | 800 | 4 000 |
4.2.2 (2) Marking packaging | 800 | 4 000 |
4.3.1 (1) Manufacturer’s duties | 800 | 4 000 |
4.3.2 Consignor’s duties | 400 | 2 000 |
4.3.3 Packer’s duties | 400 | 2 000 |
4.3.4 Loader’s duties | 400 | 2 000 |
4.3.5 Prime contractor’s and rail operator’s duties | 260 | 1 300 |
4.3.6 Driver’s duties | 260 | 1 300 |
| ||
4.4.1 (1) Compliance plates for portable tanks, MEGCs and tank vehicles | 800 | 4 000 |
4.4.1 (2) Compliance plates for portable tanks, MEGCs and tank vehicles | 800 | 4 000 |
4.4.2 (1) Owner’s duties for certain portable tanks and MEGCs | 800 | 4 000 |
4.4.3 (1) Consignor’s duties—general | 800 | 4 000 |
4.4.3 (2) Consignor’s duties—general | 800 | 4 000 |
4.4.3 (3) Consignor’s duties—general | 800 | 4 000 |
4.4.3 (4) Consignor’s duties—general | 800 | 4 000 |
4.4.4 (1) Consignor’s duties—IBCs | 800 | 4 000 |
4.4.4 (2) Consignor’s duties—IBCs | 800 | 4 000 |
4.4.5 (1) Consignor’s duties—portable tanks | 800 | 4 000 |
4.4.5 (2) Consignor’s duties—portable tanks | 800 | 4 000 |
4.4.5 (3) Consignor’s duties—portable tanks | 800 | 4 000 |
4.4.6 (1) Consignor’s duties—bulk container | 800 | 4 000 |
4.4.6 (2) Consignor’s duties—bulk containers | 800 | 4 000 |
4.4.7 (1) Consignor’s duties—tank vehicles | 800 | 4 000 |
4.4.7 (2) Consignor’s duties—tank vehicles | 800 | 4 000 |
4.4.8 (1) Consignor’s duties—MEGCs | 800 | 4 000 |
4.4.8 (2) Consignor’s duties—MEGCs | 800 | 4 000 |
4.4.9 Loader’s duties—general | 400 | 2 000 |
4.4.10 (1) Loader’s duties—freight container | 400 | 2 000 |
4.4.10 (2) Loader’s duties—freight container | 800 | 4 000 |
4.4.11 (1) Prime contractor’s and rail operator’s duties—general | 800 | 4 000 |
4.4.11 (2) Prime contractor’s and rail operator’s duties—general | 800 | 4 000 |
4.4.12 (1) Prime contractor’s and rail operator’s duties—bulk containers | 800 | 4 000 |
4.4.12 (2) Prime contractor’s and rail operator’s duties—bulk containers | 800 | 4 000 |
4.4.13 (1) Prime contractor’s and rail operator’s duties—tank vehicles | 800 | 4 000 |
4.4.13 (2) Prime contractor’s and rail operator’s duties—tank vehicles | 800 | 4 000 |
4.4.14 (1) Prime contractor’s and rail operator’s duties—freight containers | 800 | 4 000 |
4.4.15 Driver’s duties—IBCs, portable tanks and MEGCs | 400 | 2 000 |
4.4.16 Driver’s and train driver’s duties—bulk containers | 800 | 4 000 |
4.4.17 Driver’s duties—road tank vehicles | 400 | 2 000 |
4.4.18 Driver’s duties—freight containers | 400 | 2 000 |
| ||
4.5.1 (1) Consignor’s duties | 800 | 4 000 |
4.5.1 (2) Consignor’s duties | 800 | 4 000 |
4.5.6 (1) Consignor’s duties | 800 | 4 000 |
4.5.6 (2) Consignor’s duties | 800 | 4 000 |
4.6.1 (1) Consignor’s duties | 400 | 2 000 |
4.6.2 (1) Packer’s duties | 400 | 2 000 |
4.6.3 (1) Loader’s duties | 400 | 2 000 |
4.6.4 Prime contractor’s duties and rail operator’s duties | 400 | 2 000 |
4.6.5 Driver’s duties | 200 | 1 000 |
4.6.6 Rail operator’s duties | 400 | 2 000 |
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 |
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 | 800 | 4 000 |
5.3.6 (2) Driver’s duties | 800 | 4 000 |
5.3.6 (3) Driver’s duties | 800 | 4 000 |
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 | 2 000 | |
6.1.4 (1) Prime contractor’s and rail operator’s duties | 800 | 4 000 |
6.1.5 Driver’s duties | 800 | 4 000 |
| ||
7.1.2 Consignor’s duties | 400 | 2 000 |
7.1.3 (1) Loader’s duties | ||
400 | 2 000 | |
7.1.4 Prime contractor’s and rail operator’s duties | 400 | 2 000 |
7.1.5 Driver’s duties | 260 | 1 300 |
| ||
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 |
8.1.1 Consignor’s duties | 400 | 2 000 |
8.1.2 (1) Loader’s duties | 400 | 2 000 |
8.1.3 Prime contractor’s and rail operator’s duties | 400 | 2 000 |
8.1.4 Driver’s duties | 260 | 1 300 |
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 |
10.2.2 (1) Transferor’s duties—hose assemblies | 400 | 2 000 |
10.2.2 (2) Transferor’s duties—hose assemblies | 800 | 4 000 |
10.2.2 (3) Transferor’s duties—hose assemblies | 400 | 2 000 |
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 |
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 |
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 |
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 | 130 | 650 |
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 |
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 |
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 |
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 |
13.3.1 (1) Prime contractor’s and rail operator’s duties | 400 | 2 000 |
13.3.2 (1) Driver’s duties | 400 | 2 000 |
14.1.1 (2) Driver’s duties | 260 | 1 300 |
14.1.2 (2) Rail operator’s duties | 260 | 1 300 |
14.1.2 (3) Rail operator’s duties | 260 | 1 300 |
14.1.2 (4) 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, rail operators and drivers to inform Competent Authority | 400 | 2 000 |
14.1.4 (3) Prime contractors, rail operators and drivers to inform Competent Authority | 400 | 2 000 |
14.1.4 (4) Prime contractors, rail operators and drivers to inform Competent Authority | 400 | 2 000 |
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 |
17.1.7 (1) Failure to comply with conditions | 400 | 2 000 |
18.2.1 (1) Prime contractor’s duties | 800 | 4 000 |
18.2.1 (2) Prime contractor’s duties | 800 | 4 000 |
18.2.2 (1) Driver’s duties | 800 | 4 000 |
18.2.2 (2) Driver’s duties | 800 | 4 000 |
18.2.3 Consignor’s duties | 800 | 4 000 |
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 |
| ||
18.5.1 (1) Licences to be carried | 130 | 650 |
18.5.2 (1) Licences to be produced for inspection | 130 | 650 |
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 |
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)).
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
The abbreviation key sets out abbreviations that may be used in the endnotes.
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.
The
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.
A misdescribed amendment is an
amendment that does not accurately describe how an amendment is to be made. If,
despite the misdescription, the amendment can be given effect as intended, then
the misdescribed amendment can be incorporated through an editorial change made
under section 15V of the
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.
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
= | Sch = Schedule(s) |
LIA
= | 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 | |
No. = Number(s) | commenced or to be commenced |
National Transport Commission (Model Legislation — Transport of Dangerous Goods by Road or Rail) Regulations 2007 | 12 Oct 2007 (F2007L03868) | 13 Oct 2007 (s 2) | |
Instruments Update (Autumn 2024) Regulations 2024 | 14 Mar 2024 (F2024L00297) | Sch 2 (item 21): 11 Apr 2024 (s 2(1) item 1) | — |
s 2............................................. | rep LA s 48D |
r 1.1.8........................................ | am F2024L00297 |
0
0
0