DANGEROUS GOODS (ROAD TRANSPORT) ACT 2009
DANGEROUS GOODS (ROAD TRANSPORT) ACT 2009
TABLE OF PROVISIONS
Long Title
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
115. Definitions—div 3.6.2
116. Formal warnings
117. Withdrawal of 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
131. Penalties involving licences
132. Penalties involving vehicle registration
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
146A. Recovery of costs orders—making
146B. Recovery of costs orders—application
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
160. Exception for owners and operators
161. Exception if complying with direction
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
