Commonwealth Consolidated Acts

ROAD TRANSPORT REFORM (DANGEROUS GOODS) ACT 1995 - SECT 11

             (1)  The Governor‑General may make regulations prescribing matters:

                     (a)  required or permitted to be prescribed by this Act; or

                     (b)  necessary or convenient to be prescribed for carrying out or giving effect to this Act.

             (2)  The regulations may provide that the provisions of the regulations commence on the day they are notified in the Commonwealth of Australia Gazette or on a later day or days specified by the Commonwealth Minister administering this Act by notice in the Commonwealth of Australia Gazette.

             (3)   In particular, the regulations may make provision relating to the following:

                     (a)  types and categories of dangerous goods and methods for deciding types and categories of dangerous goods;

                     (b)  the determination by a Competent Authority of which goods are dangerous goods or dangerous goods of a particular type, or are too dangerous to be transported or too dangerous to be transported in bulk;

                     (c)  the analysis and testing of dangerous goods;

                     (d)  goods too dangerous to be transported or too dangerous to be transported in bulk;

                     (e)  fees that are to be paid for things done under this Act;

                      (f)  the marking of packages and unit loads containing dangerous goods for transport by road and the placarding of containers and vehicles in which dangerous goods are transported by road;

                     (g)  containers and packaging used in the transport of dangerous goods by road;

                     (h)  the manufacture of vehicles and containers for use in the transport of dangerous goods by road;

                      (i)  voluntary accreditation schemes, including privileges to be accorded or sanctions to be imposed under the schemes and the cancellation or suspension of the schemes;

                      (j)  the loading of dangerous goods for, and the unloading of dangerous goods after, their transport by road;

                     (k)  the determination by a Competent Authority of routes along which, the areas in which and the times during which dangerous goods may or may not be transported by road;

                      (l)  procedures for the transport of dangerous goods by road, including, but not limited to:

                              (i)  the quantities and circumstances in which dangerous goods, or particular types of dangerous goods, may be transported; and

                             (ii)  safety procedures and equipment;

                    (m)  the licensing of:

                              (i)  vehicles and drivers for the purposes of the transport of dangerous goods by road; and

                             (ii)  people responsible for the transport of dangerous goods by road or for vehicles used in that transport;

                     (n)  the mandatory accreditation of people involved in the transport of dangerous goods by road or particular aspects of that transport;

                     (o)  the approval by a Competent Authority of the form in which applications are to be made to the Authority, and the form in which documents are to be issued by the Authority, for the purposes of the regulations;

                     (p)  the approval by a Competent Authority of:

                              (i)  packages, containers, equipment and other items used in relation to the transport of dangerous goods by road; and

                             (ii)  facilities for and methods of testing or using packages, containers, equipment and other items used, and processes carried out, in relation to the transport of dangerous goods by road;

                     (q)  documents required to be prepared or kept by people involved in the transport of dangerous goods by road and the approval by a Competent Authority of alternative documentation;

                      (r)  obligations arising, and procedures to be followed, in the event of a dangerous situation in relation to the transport of dangerous goods by road;

                      (s)  the training and qualifications required of authorised officers and other people performing functions under this Act;

                      (t)  the training and qualifications required of people involved in, and the approval of training courses and qualifications relating to involvement in, the transport of dangerous goods by road;

                     (u)  the recognition of laws of other jurisdictions relating to the transport of dangerous goods by road and of things done under those laws, and the giving effect to those things;

                     (v)  the review of decisions under this Act;

                    (w)  infringement notices, and documents and costs relating to infringement notices.

             (4)  The regulations may apply, adopt or incorporate any or all of the provisions of a code, standard or rule relating to dangerous goods or to transport by road. Those provisions may be applied, adopted or incorporated as they currently exist, as amended by the regulations, or as amended from time to time.

             (5)  The regulations may:

                     (a)  prescribe a substance or article as being dangerous goods; or

                     (b)  prescribe various types of dangerous goods, including goods that are too dangerous to be transported, and methods for deciding which dangerous goods fall into each type;

by reference to such a code, standard or rule.

             (6)  A reference in this section to a code, standard or rule includes a reference to one that is made outside Australia.