Untitled document

Road Transport (Dangerous Goods) (Amendment)

Act 1997

Act No. 64/1997

TABLE OF PROVISIONS

Section Page

1.	Purpose	1
2.	Commencement	2
3.	Principal Act	2
4.	Application in Victoria of Commonwealth regulations	2
5.	Interpretation of some expressions in applied provisions	3
6.	Scope of the applied provisions	3
7.	New section 9A inserted	3
9A. Regulations	4

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NOTES 5

i

Victoria

No. 64 of 1997

Road Transport (Dangerous Goods)

(Amendment) Act 1997†

[Assented to 5 November 1997]

The Parliament of Victoria enacts as follows:

1. Purpose

The purpose of this Act is to—

(a) exclude certain classes of dangerous goods from the application of the provisions of the Road Transport Reform (Dangerous Goods) Act 1995 of the Commonwealth and the regulations under Part 2 of that Act that apply as laws of Victoria;

Road Transport (Dangerous Goods) (Amendment) Act 1997

Act No. 64/1997 s. 2

(b)	clarify the application in Victoria of those Commonwealth provisions;
(c)	enable fees permitted to be prescribed under that Commonwealth Act to be prescribed for Victoria under the Road Transport

(Dangerous Goods) Act 1995.

2. Commencement

This Act comes into operation on the day on which it receives the Royal Assent.

3. Principal Act

In this Act, the Road Transport (Dangerous	No. 84/1995. Amended by
Goods) Act 1995 is called the Principal Act.	No. 37/1996.

4. Application in Victoria of Commonwealth regulations

At the end of section 6 of the Principal Act
insert—

"(2) The regulations referred to in sub-section (1)

apply as if they did not include any

provision—

(a) applying to an offence any provision of Chapter 2 of the Criminal Code set out in the Schedule to the Criminal Code

Act 1995 of the Commonwealth;

(b)	specifying an offence to be an offence of strict liability;
(c)	determination to be taken to be a disallowable instrument for the

requiring an approved form or a Subordinate Laws Act 1989 of the Australian Capital Territory.

Road Transport (Dangerous Goods) (Amendment) Act 1997

s. 5 Act No. 64/1997

(3) Nothing in sub-section (2)(b) prevents an

offence being construed to be an offence of
strict liability.".

5.  Interpretation of some expressions in applied provisions

At the end of section 8 of the Principal Act
insert—

'(2) In the applied provisions—

"participating jurisdiction" includes the

Australian Capital Territory and the

Jervis Bay Territory;

"the Act" or "this Act" includes this Act

and the regulations made under this

Act;

"this jurisdiction" means Victoria.'.

6. Scope of the applied provisions

In section 9 of the Principal Act, after sub-section

(1) insert—

"(1A) The applied provisions do not apply to the

transport by road of—

(a)	explosives within the meaning of the Dangerous Goods Act 1985; or
(b)	any radio-active substance or radiation apparatus within the meaning of Division 2AA of Part V of the Health Act 1958; or
(c)	any pathogenic micro-organisms or other material capable of causing disease in humans.".

7. New section 9A inserted

After section 9 of the Principal Act insert—

Road Transport (Dangerous Goods) (Amendment) Act 1997

Act No. 64/1997 s. 7

"9A. Regulations
(1) The Governor in Council may make

regulations for or with respect to prescribing fees that are to be paid for things done under the applied provisions.

(2) A power conferred by sub-section (1) may

be exercised in any manner in which a power
to make regulations providing for the
imposition of fees could be exercised under

the applied provisions.

(3) The applied provisions apply in relation to

Victoria as if the only prescribed fees under those provisions were fees prescribed under sub-section (1).".

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Road Transport (Dangerous Goods) (Amendment) Act 1997

Notes Act No. 64/1997

NOTES

†

Minister's second reading speech—

Legislative Assembly: 18 September 1997

Legislative Council: 15 October 1997

The long title for the Bill for this Act was "to amend the Road Transport
(Dangerous Goods) Act 1995 and for other purposes."