Untitled document
Dangerous Goods Amendment (Transport) Act 2008
No. 66 of 2008
table of provisions
Section Page
Part 1—Preliminary
1Purposes
2Commencement
Part 2—Amendment of Dangerous Goods Act 1985
3Principal Act
4Definitions
5Relationship of this Act to other statutory provisions
6Application of Act
7New section 9C
9CMinisterial order suspending or varying operation
of regulations
8Adoption of ADG Code
9New sections 10C, 10D and 10E
10CProvision of information to corresponding Authority
10DRestrictions on disclosure of information
10ECircumstances in which information may be disclosed
10Places used for residential purposes
11Which decisions are reviewable
12Review by Tribunal
13Licences
14New section 21AA inserted
21AAFailure to hold licence and other offences relating
to the transport of dangerous goods
15Review of decision of Authority
16Conditions etc. in licences
17Authority may amend, suspend or revoke licences
18Review of licence revocations etc.
19Person required to take precautions
20New sections 31A, 31B and 31C
31AGoods too dangerous to be transported
31BDangerous goods must be transported in safe manner
31CAggravated offence
21New section 45C
45CCourt may make order amending, suspending or revoking licence
22Court may order forfeiture
23Court may impose additional penalty in lieu of forfeiture
24Costs of seizure etc. recoverable from convicted person
25Power to make regulations
26New section 53
53Transitional regulations
27New Part X
Part X—Savings and Transitional Provisions—Dangerous Goods Amendment (Transport) Act 2008
68Definitions
69Authorised officers
70Notices
71Application for review
72Lawful conduct under previous law
73Notice of prohibition
74References to Road Transport (Dangerous Goods)
Act 1995
28Schedule 2
Part 3—Repeal of Road Transport (Dangerous Goods) Act 1995
Division 1—Repeal
29Repeal of Road Transport (Dangerous Goods) Act 1995
Division 2—Consequential Amendments to Other Acts
30Accident Compensation Act 1985
31Melbourne City Link Act 1995
32Occupational Health and Safety Act 2004
33Radiation Act 2005
Part 4—Repeal of Amending Act
34Repeal of Amending Act
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Endnotes
Dangerous Goods Amendment (Transport) Act 2008
No. 66 of 2008
[Assented to 18 November 2008]
The Parliament of Victoria enacts:
Part 1—Preliminary
1Purposes
The main purposes of this Act are to—
(a)amend the Dangerous Goods Act 1985 to facilitate the implementation of the primary model law contained in the new national legislative framework for the transport of dangerous goods by road and rail having regard to the statutory framework that exists in Victoria; and
(b)make related amendments to the Dangerous Goods Act 1985, including the alignment of penalties for general duty offences with those for similar offences relating to the transport of dangerous goods; and
(c)repeal the Road Transport (Dangerous Goods) Act 1995.
2Commencement
(1)This Act comes into operation on a day or days to be proclaimed.
(2)If a provision of this Act does not come into operation before 1 January 2010, it comes into operation on that day.
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Part 2—Amendment of Dangerous Goods Act 1985
3Principal Act
In this Part, the Dangerous Goods Act 1985 is called the Principal Act.
4Definitions
(1)In section 3(1) of the Principal Act—
(a)insert the following definitions—
"combination, in relation to a vehicle, means a road vehicle consisting of a motor vehicle and one or more trailers;
corresponding Authority has the same meaning as it has in section 5 of the Occupational Health and Safety Act 2004;
livestock has the same meaning as it has in section 3 of the Livestock Disease Control Act 1994;
transport documentation means documentation relating to the transport of dangerous goods required by regulations made under this Act;
unit of rolling stock means a vehicle designed to run on rails and that is, in fact, being operated or used on rails;";
(b)for the definition of ADG Code substitute—
"ADG Code means the Australian Code for the Transport of Dangerous Goods by Road and Rail (Seventh edition or subsequent edition) as in force from time to time in accordance with section 10;";
(c)in paragraph (b)(ii) of the definition of dangerous goods for "61" substitute "60";
(d)after paragraph (b)(iia) of the definition of dangerous goods insert—
"(iib)any goods defined under the ADG Code or the regulations to be goods too dangerous to be transported; and";
(e)for the definition of vehicle substitute—
"vehicle means any means of transport by land and includes a trailer, a semi-trailer, a combination and a unit of rolling stock.".
(2)After section 3(3) of the Principal Act insert—
"(4)For the purposes of this Act, involvement in the transport of dangerous goods includes any of the following—
(a)importing, or arranging for the importation of, dangerous goods into Australia;
(b)packing dangerous goods for transport;
(c)marking or labelling packages containing dangerous goods for transport;
(d)placarding containers and vehicles in which dangerous goods are transported;
(e)consigning dangerous goods for transport, including the preparation of transport documentation;
(f)loading dangerous goods onto a vehicle, or into a container that is to be put on a vehicle, for transport;
(g)unloading dangerous goods that have been transported;
(h)driving a vehicle carrying dangerous goods;
(i)being the consignee of dangerous goods that are transported;
(j)undertaking, or being responsible for, the transport of dangerous goods, otherwise than as an employee or
sub-contractor;
(k)being involved as a director, secretary or manager of a body corporate, or other person who takes part in the management of the body corporate, that takes part in an activity included in this subsection.".
5Relationship of this Act to other statutory provisions
After section 8(1) of the Principal Act insert—
"(2)Unless the contrary intention appears in any regulation, licence, permit, transport certificate, State environmental protection policy or waste management policy made, issued or declared under the Environment Protection Act 1970, the provisions of this Act do not apply to—
(a)the transport of prescribed waste or prescribed industrial waste for which a permit or a transport certificate under Part 9A of the Environment Protection Act 1970 is required; or
(b)the transport of waste undertaken in accordance with the requirements of any national environment protection measure made under the National Environment Protection Council (Victoria) Act 1995.".
6Application of Act
After section 9(eb) of the Principal Act insert—
"(ec)any culture or preparation of pathogenic micro-organisms or other material capable of causing disease in livestock or plants;
Note
The regulation of material capable of causing disease in livestock or plants is provided, respectively, in the Livestock Disease Control Act 1994 and the Plant Health and Plant Products Act 1995.
(ed)a genetically modified organism or GMO as defined in the Gene Technology Act 2001;".
7New section 9C
After section 9B of the Principal Act insert—
'9C Ministerial order suspending or varying operation of regulations
(1)The Minister may, by an order published in the Government Gazette, order that the operation of any regulations under this Act relating to the transport of dangerous goods, other than explosives or HCDG, or the operation of specified parts of such regulations—
(a)is suspended for a specified period; or
(b)is varied in a manner specified in the order.
(2)An order may have effect in relation to the whole of Victoria or to a specified area.
(3)On or before the 6th sitting day after the order is published in the Government Gazette, the Minister must ensure that a copy of the order is laid before each House of the Parliament.
(4)A failure to comply with subsection (3) does not affect the operation or effect of the order but the Scrutiny of Acts and Regulations Committee of the Parliament may report the failure to each House of Parliament.
(5)An order may be disallowed in whole or in part by either House of Parliament.
(6)Part 5 of the Subordinate Legislation Act 1994 applies to an order as if—
(a)a reference in that Part to a "statutory rule" were a reference to the order; and
(b)a reference in section 23(1)(c) of that Part to "section 15(1)" were a reference to subsection (3).'.
8Adoption of ADG Code
(1)For section 10(1) of the Principal Act substitute—
"(1)Without limiting the generality of section 52(3)(c), any regulation made under this Act may incorporate or adopt by reference the provisions of the Australian Code for the Transport of Dangerous Goods by Road and Rail (Seventh edition or subsequent edition) wholly or partially or as amended by the regulation.
(1A)A reference to a provision of the Australian Code for the Transport of Dangerous Goods by Road and Rail (Seventh edition or subsequent edition) is to be read as a reference to that provision as in force from time to time.
(1B)For the purposes of subsection (1A) and subject to subsection (1C), an amendment to a provision of the Australian Code for the Transport of Dangerous Goods by Road and Rail (Seventh edition or subsequent edition) is in force—
(a)from the date notice of the amendment is published in the Government Gazette by the Authority; or
(b)a later date determined by the Authority and specified in the notice.
(1C)If—
(a)the effect of the amendment is to impose a new obligation or to alter an existing obligation under the regulations; and
(b)the Authority has not determined a later date under subsection (1B)(b);
a person may choose to comply with the regulations as if the amendment had not been made until 6 months after the date the amendment is notified under subsection (1B).".
(2)In section 10(2) of the Principal Act for "or the regulations any" substitute "a".
9New sections 10C, 10D and 10E
After section 10B of the Principal Act insert—
"10C Provision of information to corresponding Authority
Subject to the Information Privacy Act 2000, the Authority may provide information to a corresponding Authority about—
(a)any action taken by the 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.
10DRestrictions on disclosure of information
(1)This section applies to a person who is or has been—
(a)a member of the Authority's Board of Management; or
(b)appointed for the purpose of this Act by the Authority; or
(c)engaged as a member of the Authority's staff; or
(d)authorised to perform a function or exercise a power of, or on behalf of, the Authority.
(2)Subject to section 10E, a person to whom this section applies must not, except to the extent necessary to perform official duties or to perform a function or exercise a power of, or on behalf of, the Authority—
(a)directly or indirectly make a record of or disclose to any other person any information acquired by the person by virtue of being a person to whom this section applies; or
(b)make use of any such information for any purpose other than—
(i)the performance of official duties; or
(ii)the performance of a function or exercise of a power of, or on behalf of, the Authority.
Penalty:100 penalty units.
10ECircumstances in which information may be disclosed
(1)Nothing in section 10D precludes a person from doing any of the following—
(a)producing a document to a court in the course of criminal proceedings;
(b)producing a document to a court or the Tribunal in the course of proceedings under this Act;
(c)disclosing to a court in the course of criminal proceedings, or to a court or the Tribunal in the course of proceedings under this Act, any matter or thing arising under this Act or coming to the notice of the person—
(i)in the performance of official duties; or
(ii)in the performance of a function or exercise of a power of, or on behalf of, the Authority;
(d)producing a document or disclosing information with respect to a matter or thing arising under this Act to any of the following—
(i)the Secretary to the Department of Treasury and Finance;
(ii)a corresponding Authority;
(iii)an authority, department or public body, within the meaning of the Financial Management Act 1994, that has functions in relation to particular matters relating to occupational health and safety or dangerous goods arising under this or another Act;
(iv)a committee of the Parliament;
(v)a person or body approved (in writing) by the Governor in Council for the purposes of this section;
(e)producing a document or disclosing information that is required or permitted by or under this or another Act to be produced or disclosed (as the case may be).
(2)The Minister must cause a report of requests for the approval of persons or bodies by the Governor in Council under subsection (1)(d)(v) to be laid before each House of the Parliament within 14 sitting days of that House after 30 June in each year.
(3)The report must include the following matters in respect of each request—
(a)the name of the person sought to be approved;
(b)the reason for the request;
(c)the date of the request;
(d)whether the request was approved or refused.".
10Places used for residential purposes
After section 16(2) of the Principal Act insert—
"(3)For the purposes of subsection (1), a place is not being used for residential purposes merely because temporary or casual sleeping or other accommodation is provided in the place for vehicle drivers.
Example
The sleeping area in the rear of a truck's cabin is not a place being used for residential purposes.".
11Which decisions are reviewable
After section 20(1) of the Principal Act insert—
"(1A)In addition, regulations made under this Act may specify that a decision made by the Authority under a prescribed provision of those regulations is a reviewable decision and specify who is an eligible person in relation to the decision.".
12Review by Tribunal
(1)After section 20B(1) of the Principal Act insert—
"(1A)However, a person may only apply to the Tribunal for a review of a reviewable decision made by the Authority under the regulations if—
(a)the person is an eligible person in relation to the reviewable decision; and
(b)a review has been conducted in the prescribed manner by the Authority as a result of which—
(i)the reviewable decision has been confirmed; or
(ii)an earlier decision has been set aside and the reviewable decision has been made in place of the earlier decision.".
(2)After section 20B(2)(a) of the Principal Act insert—
"(ab)if the decision is made under the regulations, within 14 days after the person received notice of the confirmation of the decision or the new decision, as the case may be; or".
13Licences
In section 21(2) of the Principal Act, after "action" insert "(other than an action to which section 21AA(9) refers)".
14New section 21AA inserted
After section 21 of the Principal Act insert—
"21AA Failure to hold licence and other offences relating to the transport of dangerous goods
(1)This section does not apply in relation to a HCDG licence or an explosives licence.
(2)A prime contractor must not use a vehicle to transport dangerous goods (other than as the driver of the vehicle) if—
(a)the regulations require the vehicle to be licensed to transport the goods; and
(b)the vehicle is not licensed under the regulations.
Penalty:If the failure results in death or serious injury to a person—
(a)in the case of an individual, 500 penalty units or imprisonment for 2 years; or
(b)in the case of a body corporate, 2500 penalty units.
In any other case—
(c)in the case of an individual, 500 penalty units; or
(d)in the case of a body corporate, 2500 penalty units.
(3)For the purposes of subsection (2), 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.
(4)An offence against subsection (2) is an indictable offence.
Note
However, the offence may be heard and determined summarily (see section 53 of, and Schedule 4 to, the Magistrates' Court Act 1989).
(5)A person must not consign dangerous goods for transport by road on a vehicle if the person knows, or reasonably ought to know that—
(a)the regulations require the vehicle to be licensed to transport the goods; and
(b)the vehicle is not licensed under the regulations.
Penalty:In the case of a natural person, 100 penalty units;
In the case of a body corporate, 500 penalty units.
(6)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 regulations to be licensed to drive the vehicle and is not so licensed.
Penalty:If the failure results in death or serious injury to a person—
(a)in the case of an individual, 500 penalty units or imprisonment for 2 years; or
(b)in the case of a body corporate, 2500 penalty units.
In any other case—
(c)in the case of an individual, 500 penalty units; or
(d)in the case of a body corporate, 2500 penalty units.
(7)An offence against subsection (6) is an indictable offence.
Note
However, the offence may be heard and determined summarily (see section 53 of, and Schedule 4 to, the Magistrates' Court Act 1989).
(8)A person must not drive a vehicle transporting dangerous goods if—
(a)the regulations require the vehicle to be licensed to transport the goods; and
(b)the vehicle is not licensed under the regulations.
Penalty:100 penalty units.
(9)A person must not drive a vehicle transporting dangerous goods if—
(a)the regulations require the person to be licensed to drive the vehicle; and
(b)the person is not licensed under the regulations.
Penalty:100 penalty units.".
15Review of decision of Authority
After section 22(2) of the Principal Act insert—
"(3)This section does not apply in relation to a decision of the Authority under the regulations which is prescribed by the regulations to be a reviewable decision.".
16Conditions etc. in licences
After section 23(4) of the Principal Act insert—
"(5)Subsections (3) and (4) do not apply in relation to a decision of the Authority under the regulations which is prescribed by the regulations to be a reviewable decision.".
17Authority may amend, suspend or revoke licences
After section 24(1) of the Principal Act insert—
"(1A)Without limiting the power of the Authority under subsection (1), the regulations may prescribe grounds on which the Authority may, or must, amend, suspend or revoke a licence.".
18Review of licence revocations etc.
After section 25(2) of the Principal Act insert—
"(3)This section does not apply in relation to a decision of the Authority under the regulations which is prescribed by the regulations to be a reviewable decision.".
19Person required to take precautions
(1)In sections 31(1)(a) and 31(1)(b) of the Principal Act for "shall" substitute "must".
(2)At the foot of section 31(1) of the Principal Act insert—
"Penalty:If the failure results in death or serious injury to a person—
(a)in the case of an individual, 500 penalty units or imprisonment for 2 years; or
(b)in the case of a body corporate, 2500 penalty units.
In any other case—
(c)in the case of an individual, 500 penalty units; or
(d)in the case of a body corporate, 2500 penalty units.".
(3)In section 31(2) of the Principal Act for "shall" substitute "must".
(4)At the foot of section 31(2) of the Principal Act insert—
"Penalty:If the failure results in death or serious injury to a person—
(a)in the case of an individual, 500 penalty units or imprisonment for 2 years; or
(b)in the case of a body corporate, 2500 penalty units.
In any other case—
(c)in the case of an individual, 500 penalty units; or
(d)in the case of a body corporate, 2500 penalty units.".
(5)In section 31(4) of the Principal Act for "shall" substitute "must".
(6)At the foot of section 31(4) of the Principal Act insert—
"Penalty:If the failure results in death or serious injury to a person—
(a)in the case of an individual, 500 penalty units or imprisonment for 2 years; or
(b)in the case of a body corporate, 2500 penalty units.
In any other case—
(c)in the case of an individual, 500 penalty units; or
(d)in the case of a body corporate, 2500 penalty units.".
(7)After section 31(4) of the Principal Act insert—
"(5)An offence against subsection (1), (2) or (4) is an indictable offence.
Note
However, the offence may be heard and determined summarily (see section 53 of, and Schedule 4 to, the Magistrates' Court Act 1989).".
20New sections 31A, 31B and 31C
After section 31 of the Principal Act insert—
"31A Goods too dangerous to be transported
(1)A person must not consign goods for transport if the goods are classified by the regulations as goods too dangerous to be transported.
Penalty:If the failure results in death or serious injury to a person—
(a)in the case of an individual, 500 penalty units or imprisonment for 2 years; or
(b)in the case of a body corporate, 2500 penalty units.
In any other case—
(c)in the case of an individual, 500 penalty units; or
(d)in the case of a body corporate, 2500 penalty units.
(2)A person must not arrange for the transportation of goods on a vehicle owned or controlled by the person if the goods are classified by the regulations as goods too dangerous to be transported.
Penalty:If the failure results in death or serious injury to a person—
(a)in the case of an individual, 500 penalty units or imprisonment for 2 years; or
(b)in the case of a body corporate, 2500 penalty units.
In any other case—
(c)in the case of an individual, 500 penalty units; or
(d)in the case of a body corporate, 2500 penalty units.
(3)An offence against subsection (1) or (2) is an indictable offence.
Note
However, the offence may be heard and determined summarily (see section 53 of, and Schedule 4 to, the Magistrates' Court Act 1989).
(4)For the purposes of subsection (1), the person who consigns goods for transport is—
(a)the person named or otherwise identified in transport documentation, with the person's authority, as the consignor of the goods; or
(b) if no person is so named or identified, the person to whom subsection (5) or (6) applies.
(5)This subsection applies to—
(a)the person who engages a prime contractor or rail operator, either directly or through an agent or other intermediary, to transport the goods; or
(b)if paragraph (a) does not apply to anyone, the person who has possession of, or control over, the goods immediately before the goods are transported; or
(c)if neither paragraph (a) nor (b) applies to anyone, the person who loads a vehicle with the goods, for transport, at a place—
(i)where the dangerous goods are awaiting collection; and
(ii)that is unattended (except by the driver) during loading.
(6)If subsection (5) does not apply to anyone, this subsection applies to the person who imports the goods into Australia.
31BDangerous goods must be transported in safe manner
(1)A person involved in the transport of dangerous goods (other than HCDG which do not have a UN number or explosives) by road or rail must, as far as is practicable, ensure that the dangerous goods are transported in a safe manner.
Penalty:If the failure results in death or serious injury to a person—
(a)in the case of an individual, 500 penalty units or imprisonment for 2 years; or
(b)in the case of a body corporate, 2500 penalty units.
In any other case—
(c)in the case of an individual, 500 penalty units; or
(d)in the case of a body corporate, 2500 penalty units.
(2)An offence against subsection (1) is an indictable offence.
Note
However, the offence may be heard and determined summarily (see section 53 of, and Schedule 4 to, the Magistrates' Court Act 1989).
31CAggravated offence
(1)A person must not fail to comply with a relevant provision of this Act in circumstances in which, immediately before or during the failure to comply with the provision, the person knew, or ought reasonably to have known, that the failure would, or would be likely to, endanger the safety or health of another person, property or the environment.
Penalty:In the case of a natural person, 1000 penalty units or imprisonment for 4 years;
In the case of a body corporate, 5000 penalty units.
(2)For the purposes of subsection (1), relevant provision means—
(a) section 31, 31A or 31B; or
(b)a provision of the regulations which is prescribed for the purposes of this section.
(3)An offence against subsection (1) is an indictable offence.
Note
However, the offence may be heard and determined summarily (see section 53 of, and Schedule 4 to, the Magistrates' Court Act 1989).".
21New section 45C
After section 45B of the Principal Act insert—
"45C Court may make order amending, suspending or revoking licence
(1)If the driver of a vehicle is convicted of an offence under section 31A, 31B or 31C, the Court may, in addition to any penalty it imposes for that offence, make an order for either or both of the following—
(a)that a licence the driver is required to have by the regulations is—
(i)cancelled; or
(ii)modified or suspended for a specified period;
(b)that the driver is disqualified from obtaining or holding a licence a person is required to have by the regulations for a specified period.
(2)An order under this section operates by force of this Act and takes effect immediately or from a later date specified in the order.".
22Court may order forfeiture
In sections 48(1) and 48(2) of the Principal Act, after "dangerous goods" insert "or containers".
23Court may impose additional penalty in lieu of forfeiture
In section 49 of the Principal Act, after "dangerous goods" (wherever occurring) insert "or containers".
24Costs of seizure etc. recoverable from convicted person
In section 50 of the Principal Act—
(a)after "dangerous goods" insert "or containers"; and
(b)after "those goods" insert "or containers".
25Power to make regulations
After section 52(3) of the Principal Act insert—
"(3A)Regulations made under this Act—
(a)may leave any matter or thing to be from time to time determined, applied, dispensed with or regulated by a specified body, specified person or specified class of persons;
(b)may confer powers or impose duties in connection with the regulations on any specified body, specified person or specified class of persons;
(c)may permit a person or body on whom a power or function has been conferred under the regulations to authorise another person or body to exercise that power or perform that function.".
26New section 53
After section 52 of the Principal Act insert—
"53 Transitional regulations
(1)The Governor in Council may make regulations containing provisions of a saving or transitional nature consequent on the enactment of the Dangerous Goods Amendment (Transport) Act 2008.
(2)Regulations made under this section have effect despite anything to the contrary in any Act (other than this Act or the Charter of Human Rights and Responsibilities) or in any subordinate legislation.
(3)This section expires on 1 January 2011.".
27New Part X
After Part IX of the Principal Act insert—
"Part X—Savings and Transitional Provisions—Dangerous Goods Amendment (Transport) Act 2008
68Definitions
In this Part—
applied Act means the Road Transport Reform (Dangerous Goods) Act 1995 of the Commonwealth as applied by the Road Transport (Dangerous Goods) Act 1995;
commencement day means the day on which section 27 of the Dangerous Goods Amendment (Transport) Act 2008 comes into operation.
69Authorised officers
A person who was an authorised officer under section 14 of the applied Act as in force immediately before the commencement day is taken to have been appointed as an inspector under section 11 on the same terms and conditions.
70Notices
(1)Subsection (2) applies if—
(a)a notice to remedy a contravention was given under section 28 of the applied Act; and
(b)immediately before the commencement day, the matters causing the contravention remain unremedied.
(2)The notice is taken to be a provisional direction issued under section 17A.
(3)Subsection (4) applies if—
(a)a notice to avert, eliminate or minimise danger was issued under section 29 of the applied Act; and
(b)immediately before the commencement day, no measures have been taken to avert, eliminate or minimise the danger.
(4)The notice is taken to be a prohibition notice issued under section 17D.
71Application for review
(1)This section applies to any application for a review of a decision made to the Victorian Civil and Administrative Tribunal under section 7 of the Road Transport (Dangerous Goods) Act 1995 which has not been determined before the commencement day.
(2)The application may be determined in accordance with that section as if the Road Transport (Dangerous Goods) Act 1995 had not been repealed.
72Lawful conduct under previous law
A person does not commit an offence under this Act if, within the period of 12 months after the commencement day—
(a)the person transports dangerous goods by road in accordance with the provisions applying by reason of sections 5 and 6 of the Road Transport (Dangerous Goods) Act 1995 as in force immediately before the commencement day; or
(b)the person transports dangerous goods by rail in accordance with the Dangerous Goods (Transport by Rail) Regulations 1998 as in force immediately before the commencement day.
73Notice of prohibition
A notice published in accordance with section 9AA of the Road Transport (Dangerous Goods) Act 1995 in force immediately before the commencement day remains in force after the commencement day as if the notice were a notice made under the regulations.
74References to Road Transport (Dangerous Goods) Act 1995
As from the commencement day, any reference in any Act, regulation, local law, subordinate instrument or other document to the Road Transport (Dangerous Goods) Act 1995 is to be construed as a reference to the Dangerous Goods Act 1985.".
28Schedule 2
(1)In Schedule 2 to the Principal Act—
(a)after clause 14 insert—
"14AThe determination of routes along which, the areas in which and the times during which dangerous goods may or may not be transported.";
(b)after clause 25 insert—
"25AVoluntary accreditation schemes, including privileges to be accorded or sanctions to be imposed under the schemes and the cancellation or suspension of the schemes.
25BThe requirement for mandatory accreditation of persons involved in the transport of dangerous goods or particular aspects of that transport.";
(c)after clause 27 insert—
"27AAProviding for the licensing of—
(a)vehicles and drivers for the purpose of the transport of dangerous goods; and
(b)persons responsible for the transport of dangerous goods or for vehicles used in that transport.
27ABProviding for the amendment, suspension or revocation of a licence to which clause 27 or 27AA applies.".
(2)In clause 32 of Schedule 2 to the Principal Act, for "and explosion" substitute ", explosion and other dangerous situations".
(3)For clause 39 of Schedule 2 to the Principal Act substitute—
"39The reporting of any fires, explosions, leakages or other dangerous situations involving dangerous goods.".
(4)In Schedule 2 to the Principal Act, after clause 70 insert—
"71Insurance or other forms of indemnity required to cover the use of a vehicle to transport dangerous goods.
72The recognition of determinations, exemptions, approvals and licences issued or granted by a corresponding Authority.
73The reference of matters concerning determinations, exemptions or approvals to a specified body.
74The adoption of decisions of a specified body as decisions of the Authority.
75The reconsideration and review by the Authority of its decisions.
76Prescribing decisions of the Authority under the regulations to be reviewable decisions for the purposes of Part IIA.".
__________________
Part 3—Repeal of Road Transport (Dangerous Goods) Act 1995
Division 1—Repeal
29Repeal of Road Transport (Dangerous Goods) Act 1995
The Road Transport (Dangerous Goods) Act 1995 is repealed.
Division 2—Consequential Amendments to Other Acts
30Accident Compensation Act 1985
(1)In section 5(1) of the Accident Compensation Act 1985, in the definition of corresponding Authority, for ", the Equipment (Public Safety) Act 1994 or the Road Transport (Dangerous Goods) Act 1995" substitute "or the Equipment (Public Safety) Act 1994".
(2)In section 20C(1) of the Accident Compensation Act 1985, for ", the Mines Act 1958 and the Road Transport (Dangerous Goods) Act 1995" substitute "and the Mines Act 1958".
(3)In section 32(3)(ba) of the Accident Compensation Act 1985, for ", the Mines Act 1958 or the Road Transport (Dangerous Goods) Act 1995" substitute "or the Mines Act 1958".
(4)For section 32(3)(bb)(ii) of the Accident Compensation Act 1985, substitute—
"(ii)the Dangerous Goods Act 1985 and the regulations made under that Act;".
(5)In section 32(3)(bc) of the Accident Compensation Act 1985, for ", the Mines Act 1958 and the Road Transport (Dangerous Goods) Act 1995" substitute "and the Mines Act 1958".
31Melbourne City Link Act 1995
Section 90A(2)(ab)(iii) of the Melbourne City Link Act 1995 is repealed.
32Occupational Health and Safety Act 2004
(1)In section 5(1) of the Occupational Health and Safety Act 2004, in the definition of corresponding Authority, for ", the Equipment (Public Safety) Act 1994 or the Road Transport (Dangerous Goods) Act 1995" substitute "or the Equipment (Public Safety) Act 1994".
(2)In section 137(2)(b) of the Occupational Health and Safety Act 2004, for ", the Dangerous Goods Act 1985 or the Road Transport (Dangerous Goods) Act 1995" substitute "or the Dangerous Goods Act 1985".
33Radiation Act 2005
Section 145 of the Radiation Act 2005 is repealed.
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Part 4—Repeal of Amending Act
34Repeal of Amending Act
This Act is repealed on 1 January 2011.
Note
The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).
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Endnotes
Minister's second reading speech—
Legislative Assembly: 12 September 2008
Legislative Council: 30 October 2008
The long title for the Bill for this Act was "A Bill for an Act to amend the Dangerous Goods Act 1985, to repeal the Road Transport (Dangerous Goods) Act 1995 and for other purposes."
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