National Transport Commission (Road Transport Legislation Dangerous Goods Regulations) Amendment Regulations 2006 (No. 1) (Cth)

National Transport Commission (Road Transport Legislation — Dangerous Goods Regulations) Amendment Regulations 2006 (No. 1)¹

Select Legislative Instrument 2006 No. 17

I, PHILIP MICHAEL JEFFERY, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the National Transport Commission Act 2003.

Dated 15 February 2006

P. M. JEFFERY

Governor-General

By His Excellency’s Command

JAMES ERIC LLOYD

Minister for Local Government, Territories and Roads

Name of Regulations

These Regulations are the National Transport Commission (Road Transport Legislation — Dangerous Goods Regulations) Amendment Regulations 2006 (No. 1).

Commencement

These Regulations commence on the day after they are registered.

Road transport legislation — dangerous goods

For section 7 of the National Transport Commission Act 2003 (the NTC Act), Schedule 1 sets out road transport legislation, in the form of amending Regulations, about the transport of dangerous goods.

Note 1 The road transport legislation set out in Schedule 1 does not have the force of law (see paragraph 7 (2) (a) of the NTC Act).

Note 2 These Regulations must be made in accordance with the Agreement (see subparagraph 3 (b) (ii) of the NTC Act).

Note 3 These Regulations are not subject to disallowance — see the Legislative Instruments Act 2003, subsection 44 (2) (table, item 44) and the Legislative Instruments Regulations 2004, regulation 8 and Schedule 2 item 7.

Note 4 These Regulations are not subject to sunsetting — see the Legislative Instruments Act 2003, subsection 54 (2) (table, item 51) and the Legislative Instruments Regulations 2004, regulation 9 and Schedule 3 item 4.

Note 5 The text set out in Schedule 1 is that of the Road Transport Reform (Dangerous Goods) Amendment Regulations 1999 (No. 1) (Statutory Rules No. 211 of 1999). Those Regulations were approved in draft form by the Australian Transport Council on 30 August 1999, were made on 9 September 1999, and their making was notified in the Commonwealth of Australia Gazette on 16 September 1999.

Amendment of National Transport Commission (Road Transport Legislation — Dangerous Goods Regulations) Regulations 2006

Schedule 1 amends the text set out in Schedule 1 to the National Transport Commission (Road Transport Legislation — Dangerous Goods Regulations) Regulations 2006 as if a reference in Schedule 1 to a provision of the Road Transport Reform (Dangerous Goods) Regulations were a reference to the corresponding provision in that text.

Schedule 1 Text of Road Transport Reform (Dangerous Goods) Amendment Regulations 1999 (No. 1)

(regulations 3 and 4)

Name of Regulations

These Regulations are the Road Transport Reform (Dangerous Goods) Amendment Regulations 1999 (No. 1).

Commencement

These Regulations commence on 1 October 1999.

Amendment of Road Transport Reform (Dangerous Goods) Regulations

Schedule 1 amends the Road Transport Reform (Dangerous Goods) Regulations.

Schedule 1 Amendments

(regulation 3)

Regulation 1.1

substitute

1.1Name of Regulations

These Regulations are the Road Transport Reform (Dangerous Goods) Regulations 1997.

After subregulation 2.2 (2)

insert

(3)Also, dangerous goods of Class 1, 6.2 or 7 are not taken to be dangerous goods for these Regulations, except regulation 2.3.

Paragraph 3.12 (1) (b)

omit

the transport

insert

transport

Regulation 4.9, heading

substitute

4.9Owner’s duties for certain tanks

Regulation 4.9

omit

vehicle of which a tank forms part, or to which a tank is attached, must not use the vehicle, or permit the vehicle

insert

tank that forms part of a vehicle, or that is attached to a vehicle, must not use the tank, or permit the tank

Paragraph 9.6 (b)

omit

be

Subregulation 11.4 (1)

omit

, complying with Chapter 11 of the ADG Code,

After subregulation 11.4 (1)

insert

(1A)The driver of a vehicle transporting dangerous goods by road must not carry shipping documentation for the goods that the driver knows, or reasonably ought to know, does not comply with Chapter 11 of the ADG Code.

Penalty: $1,000.

Paragraph 11.8 (1) (b)

substitute

(b)the required emergency information provided by the consignor of the goods, or by the prime contractor for the transport of the goods, is in the holder.

Paragraph 15.9 (1) (a)

omit

either

insert

any

Paragraph 21.3 (b)

substitute

(b)unless the notice is withdrawn, if the person pays the 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

Paragraph 21.5 (1) (c)

substitute

(c)unless the infringement notice is withdrawn, if the person pays the 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

Regulation 23.1

substitute

23.1Prescribed fees

The fees payable under these Regulations are prescribed in the following table:

Item	Provision for which fee is prescribed	Fee ($)
1	paragraph 4.24 (c)	150
2	paragraph 18.10 (2) (e)	30
3	paragraph 18.12 (2) (e)	30
4	subregulation 18.19 (3)	80
5	subregulation 18.22 (3)	80

Note A fee prescribed in this table for a service may differ from the fee prescribed under a corresponding provision of another participating jurisdiction if the cost of providing the service is different in the other participating jurisdiction.

Schedule 1, item 40

omit

regulation 11.4

insert

regulation 11.4, except subregulation (1A)

Note

All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See