DANGEROUS GOODS (ROAD TRANSPORT) ACT 2009
Table of Provisions
CHAPTER 1--PRELIMINARY
PART 1.1--INTRODUCTION
- 1 Name of Act
- 3 Dictionary
- 4 Notes
- 5 Offences against Act—application of Criminal Code etc
- 6 Purpose of Act
- 7 Application of Act
- 8 Inconsistency with other laws
PART 1.2--IMPORTANT CONCEPTS
- 9 Meaning of compliance purposes
- 10 Meaning of consigns and consignor
- 11 Meaning of packaging
- 12 Meaning of packs and packer
- 13 Meaning of loads and loader
- 14 Meaning of operator
- 15 Meaning of qualified to drive vehicle or run engine
- 16 Meaning of fit to drive vehicle or run engine
- 17 Meaning of authorised to drive or run engine
- 18 Meaning of unattended vehicle
- 19 Meaning of broken-down vehicle or trailer
CHAPTER 2--COMPETENT AUTHORITIES AND AUTHORISED PEOPLE
PART 2.1--COMPETENT AUTHORITIES
- 20 Competent authorities
- 21 Competent authority may delegate functions
- 22 Competent authority may give information to corresponding authority
PART 2.2--AUTHORISED PEOPLE
- 23 Authorised people
- 24 Identity cards
- 25 Production of identity cards
- 25A Impersonating authorised person
- 25B Obstructing or hindering authorised person
- 26 Reciprocal powers agreements
- 27 Reciprocal powers agreements—functions
CHAPTER 3--ROAD TRANSPORT
PART 3.1--OFFENCES--LICENSING, SAFETY AND INSURANCE OBLIGATIONS
- 28 Offences—licensing of vehicles transporting dangerous goods
- 29 Offences—licensing of drivers transporting dangerous goods
- 30 Offences—goods too dangerous to be transported
- 31 Offence—s 30 conduct causing death or serious injury
- 32 Alternative verdicts—s 30 conduct causing death or serious injury
- 33 Offences—transport of dangerous goods
- 34 Offence—s 33 conduct causing death or serious injury
- 35 Alternative verdicts—s 33 conduct causing death or serious injury
- 36 Offence—vehicle not insured or approved—owner
- 37 Offence—vehicle not insured or approved—prime contractor
PART 3.2--GENERAL POWERS--PT 3.2 VEHICLES AND DRIVERS
Division 3.2.1--Preliminary
- 38 Application—pt 3.2
Division 3.2.2--Directions in relation to pt 3.2 vehicles
- 39 Direction to stop pt 3.2 vehicle
- 40 Offence—fail to comply with direction to stop pt 3.2 vehicle
- 41 Direction to move pt 3.2 vehicle
- 42 Offence—fail to comply with direction to move pt 3.2 vehicle
- 43 Direction to produce document etc
- 44 Offence—fail to comply with direction to produce document
- 45 Direction to move pt 3.2 vehicle—dangerous situation, harm or
- 46 Offence—fail to comply with direction to move pt 3.2 vehicle—dangerous situation, harm
- 47 Direction to leave pt 3.2 vehicle
- 48 Offence—fail to comply with direction to leave pt 3.2 vehicle
- 49 Direction in relation to immobilised pt 3.2 vehicle
- 50 Offence—fail to comply with direction in relation to immobilised pt 3.2
- 51 Direction in relation to pt 3.2 vehicle—dangerous situation
- 52 Offence—fail to comply with direction in relation to pt 3.2 vehicle—dangerous
Division 3.2.3--Other powers in relation to pt 3.2 vehicles
- 53 Moving unattended pt 3.2 vehicle—exercise other functions
- 54 Moving unattended and broken-down pt 3.2 vehicles—dangerous situation or
- 55 Moving unattended and broken-down pt 3.2 vehicles—harm or
- 56 Driving pt 3.2 vehicles—div 3.2.3—driver need not be
PART 3.3--DIRECTIONS TO GIVE NAME, RECORDS AND OTHER THINGS
- 57 Direction to give name and other personal details
- 58 Offence—fail to comply with direction to give name and other personal
- 59 Direction to produce record, device or other thing
- 60 Offence—fail to comply with direction to produce record, device or other
- 61 Direction to give information
- 62 Offence—fail to comply with direction to give information
PART 3.4--PROVISIONS ABOUT DIRECTIONS
- 63 How direction may be given
- 64 Direction to state time for compliance
- 65 Amendment or cancellation of direction
- 66 Direction may be given under more than 1 provision
- 67 Protection from incrimination
PART 3.5--ENFORCEMENT
Division 3.5.1--Definitions—pt 3.5
- 68 Definitions—pt 3.5
Division 3.5.2--Powers of authorised people in relation to pt 3.2 vehicles
- 69 Application—div 3.5.2
- 70 Power of authorised people to enter and inspect pt 3.2 vehicles
- 71 Power of authorised people to enter and search pt 3.2 vehicles
Division 3.5.3--General powers of authorised people
- 72 Power to enter premises and vehicles
- 73 Production of identity card
- 74 Consent to entry
- 75 General powers on entry to premises and vehicles
- 76 Direction to give assistance
- 77 Offence—fail to comply with direction to give assistance
- 78 Use of assistants and equipment
- 79 Use of equipment to examine and process things
- 80 Use and seizure of electronic equipment
- 81 Power to seize things
- 82 Removal of seized thing
- 83 Receipt for seized thing
- 84 Power to destroy unsafe thing
Division 3.5.4--Embargo notices
- 85 Embargo notices
- 86 Offence—fail to comply with embargo notice
- 87 Offence—fail to prevent someone else doing something forbidden by embargo
- 88 Revocation of embargo notice
Division 3.5.5--Search warrants
- 89 Warrants generally
- 90 Warrants—application made other than in person
- 91 Warrants—issue on application made other than in person
- 92 Warrants—announcement before entry
- 93 Details of warrant to be given to occupier etc
- 94 Occupier entitled to observe search etc
- 95 Moving things to another place for examination or processing under
Division 3.5.6--Dealing with seized things
- 96 Meaning of responsible person—div 3.5.6
- 97 Access to seized thing
- 98 Return of seized thing
- 99 Circumstances—s 98
- 100 Application for order disallowing seizure
- 101 Order disallowing seizure
- 102 Forfeiture of seized thing
- 103 Cost of disposal of forfeited thing
Division 3.5.7--Enforcement—miscellaneous
- 104 Sample-taking procedure
- 105 Damage etc to be minimised
- 106 Restoring vehicle, premises etc to original condition after action
- 107 Compensation for exercise of enforcement powers
PART 3.6--GENERAL ADMINISTRATIVE PENALTIES
Division 3.6.1--Improvement notices
- 108 Definitions—div 3.6.1
- 109 Improvement notices
- 110 Extensions of date or time to comply with improvement notices
- 111 Offence—fail to comply with improvement notice
- 112 Amendment of improvement notices
- 113 Cancellation of improvement notices
- 114 Clearance certificates
Division 3.6.2--Formal warnings
PART 3.7--PROHIBITION NOTICES
- 118 Meaning of dangerous activity—pt 3.7
- 119 Prohibition notices—general
- 120 Oral direction may be given before prohibition notice
- 121 Offence—fail to comply with oral direction
- 122 Prohibition notices—content
- 123 Offence—fail to comply with prohibition notice
- 124 Amendment of prohibition notices
- 125 Withdrawal of prohibition notices
- 126 Proceeding for offence not affected by prohibition notice
PART 3.8--GENERAL COURT-BASED PENALTIES
Division 3.8.1--Preliminary
- 127 Meaning of associate—pt 3.8
Division 3.8.1A--Proceedings for offences
- 127A Proceedings for offences
- 127B Proceedings may be brought by authorised person
- 127C Period within which proceedings for offences may be commenced
Division 3.8.1B--Available penalties
- 128 Penalties imposed by courts
Division 3.8.2--Commercial benefits penalty orders
- 129 Commercial benefits penalty orders
- 130 Commercial benefits penalty orders—estimating gross commercial
Division 3.8.3--Licensing and registration penalties
Division 3.8.4--Supervisory intervention orders
- 133 Supervisory intervention orders
- 134 Supervisory intervention orders—compliance reports
- 135 Supervisory intervention orders—amendment and revocation
- 136 Offence—fail to comply with supervisory intervention order
Division 3.8.5--Exclusion orders
- 137 Exclusion orders
- 138 Exclusion orders—amendment and revocation
- 139 Offence—fail to comply with exclusion order
Division 3.8.6--Forfeiture orders
- 140 Forfeiture
PART 3.9--COMPENSATION ORDERS
Division 3.9.1--Definitions—pt 3.9
- 141 Definitions—pt 3.9
Division 3.9.2--Roads compensation orders for damage to road infrastructure
- 142 Roads compensation orders—making
- 143 Roads compensation orders—application
- 144 Roads compensation orders—assessment
- 145 Roads compensation orders—certificates
- 146 Roads compensation orders—limits on amount
Division 3.9.2A--Costs compensation orders
Division 3.9.3--Costs and recovery
- 147 Compensation orders—costs
- 148 Compensation orders—enforcement
- 149 Compensation orders—other orders and awards
PART 3.10--EXEMPTIONS
- 150 Meaning of exemption
- 151 Exemptions by competent authorities—general
- 152 Offence—fail to comply with exemption condition
- 153 Offence—fail to keep copy of notice in premises or vehicle
- 154 Exemption—competent authority to tell other competent authorities
- 155 Amendment and cancellation of exemptions and conditions
- 156 Declaration by Minister—amend or suspend regulation's
PART 3.11--GENERAL LIABILITY AND EVIDENTIARY PROVISIONS
Division 3.11.1--Liability for offences
- 156A Multiple offenders
- 156B Double jeopardy
- 157 Criminal liability of executive officers of corporations
- 158 Offence—partners etc taken to have committed offences of other partners
- 159 Offence—managers etc of unincorporated associations taken to have committed offences of other
- 159A Offence—employers taken to have committed offences of employees
Division 3.11.2--General exceptions to offences
Division 3.11.3--General evidentiary provisions
- 162 Acts and omissions of representatives
- 163 Evidence—certificate signed by authorised person
- 164 Evidence—certain documents signed by competent authority
- 165 Evidence—mass of vehicle or packaging
- 166 Proof of appointments and signatures unnecessary
- 167 Evidence—transport documentation
- 168 Use of codes of practice etc in proceedings
CHAPTER 4--NOTIFICATION AND REVIEW OF DECISIONS
- 169 Definitions—ch 4
- 170 Internal review notices
- 171 Applications for internal review
- 172 Applications not stay internally reviewable decisions
- 173 Internal reviewer
- 174 Review by internal reviewer
- 175 Reviewable decision notices
- 176 Applications for review
CHAPTER 5--MISCELLANEOUS
PART 5.1--SECRECY AND INFORMATION SHARING
- 177 Definitions—pt 5.1
- 178 Secrecy
- 179 Information sharing guidelines
- 180 Offence—information not to be used for other purposes
- 181 Competent authority may give seized records etc to public authorities
PART 5.2--INDEMNITIES
- 182 Protection from liability
- 183 Indemnity not affected by certain matters
- 184 Other indemnities not affected
PART 5.3--VICTIMISATION OF PEOPLE FOR REPORTING BREACHES AND ASSISTING WITH INVESTIGATIONS
- 185 Definitions—pt 5.3
- 186 Offence—victimisation of employees for reporting breaches or assisting with
- 187 Offence—victimisation of prospective employees for reporting breaches or assisting with
- 188 Victimisation offences—order for compensation
- 189 Victimisation offences—order for re-employment etc
- 190 Offence—fail to comply with employment order
PART 5.4--OTHER MISCELLANEOUS PROVISIONS
- 190A Making false or misleading statements to authorised person
- 190B Producing false or misleading records to authorised person
- 191 Contracting out prohibited
- 191A Recovery of costs of public authorities
- 192 Assistance in emergencies or accidents
- 193 Delegation by Minister—limitation
- 194 Determination of fees
PART 5.5--REGULATIONS
- 196 Regulation-making power
- 197 Regulations—certain specific matters
- 198 Regulations—things used in the transport of dangerous goods
- 199 Regulations—competent and corresponding authorities etc
- 200 Regulations—accreditation and training etc
- 201 Regulations—stated entities
- 202 Regulations—application etc of laws of other jurisdictions and instruments DICTIONARY ENDNOTES