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New South Wales
Dangerous Goods (Road and Rail
Transport) Bill 2008
Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Commencement 2
3 Purpose 2
4 Definitions 2
5 Scope of this Act 6
Part 2 Licensing and safety obligations
6 Licensing of vehicles transporting dangerous goods 7
7 Licensing of drivers transporting dangerous goods 7
8 Goods too dangerous to be transported 8
9 Duties concerning the transport of dangerous goods 8
10 Reckless conduct causing death or serious injury by
person with duties under section 9 8
11 Special defence for owners or operators 9
b2008-031-42.d13
Dangerous Goods (Road and Rail Transport) Bill 2008
Contents
Page
12 Offences by corporations--liability of directors and
managers 10
Part 3 Regulations
13 Regulation-making powers 12
14 Regulations may adopt codes, standards and rules 14
15 Penalties under the regulations 15
Part 4 Administration
Division 1 Competent Authorities and their
authorised officers
16 Competent Authorities 16
17 Appointment of authorised officers 16
18 Identification cards 16
19 Return of identification cards 17
20 Competent Authority may delegate functions 17
Division 2 Powers of authorised officers
21 General powers of authorised officers appointed
by EPA: application of Chapter 7 of Protection of
the Environment Operations Act 1997 17
22 General powers of authorised officers appointed by
WorkCover: application of Division 2 of Part 5 of
Occupational Health and Safety Act 2000 18
23 Offence of obstructing or intimidating authorised
officers and others exercising functions under Act 19
24 Offence of impersonating an authorised officer 19
25 Reciprocal powers of authorised officers 19
Part 5 Investigation, improvement and prohibition
notices
Division 1 Investigation notices
26 Investigation notices 21
27 Offence: failure to comply with investigation notice 21
Division 2 Improvement notices
28 Issue of improvement notices 21
29 Offence: failure to comply with improvement notice 22
Division 3 Prohibition notices
30 Issue of prohibition notices 22
31 Offence: failure to comply with prohibition notice 23
Contents page 2
Dangerous Goods (Road and Rail Transport) Bill 2008
Contents
Page
Division 4 General provisions relating to notices
32 Preventing injury and damage--taking direct action 23
33 Notices may include directions 23
34 Review of notices by Competent Authority 23
35 Appeal to Court following review 24
36 Application for stay of investigation or prohibition notice 24
37 Withdrawal of notices 25
38 Revocation or withdrawal of notice does not prevent
issue of another notice 25
39 Service of notices 25
40 Exhibition of notices 25
41 Proceedings for offences not affected by notices 26
Part 6 Exemptions
42 Exemptions 27
43 Variation and cancellation of exemptions and
conditions 28
44 Internal review of exemptions by Competent Authority 28
45 Appeal to Court following review 29
46 Application orders and emergency orders 29
Part 7 Criminal and other proceedings
Division 1 Proceedings for offences generally
47 Proceedings for an offence 30
48 Penalty notices 31
Division 2 Court orders in connection with
offences
49 Operation of Division 32
50 Orders generally 32
51 Orders regarding monetary benefits 32
52 Power to affect licences 33
53 Supervisory intervention orders 34
54 Prohibiting a person from involvement in the
dangerous goods transport industry 36
55 Forfeiture 36
56 Orders for costs, expenses and compensation at
time offence proved 37
57 Recovery of costs, expenses and compensation
after offence proved 37
58 Recovery of costs from convicted person 38
Contents page 3
Dangerous Goods (Road and Rail Transport) Bill 2008
Contents
Page
Division 3 General
59 Evidence 38
60 Evidence regarding weighing 40
61 Transport documentation 40
62 Proof of appointments and signatures unnecessary 40
63 Use of codes of practice etc in proceedings 40
Part 8 Miscellaneous
64 Act to bind Crown 42
65 Protection from liability 42
66 Confidentiality and disclosure of information 42
67 Contracting out prohibited 43
68 Recovery of costs of public authorities 43
69 Assistance in emergencies or accidents 44
70 Minister to notify adoption of code etc 45
71 Delegation 45
72 Savings, transitional and other provisions 45
73 Amendment of other Acts 45
74 Repeal 45
75 Review of Act 46
Schedule 1 Savings, transitional and other provisions 47
Schedule 2 Amendment of other Acts 49
Contents page 4
New South Wales
Dangerous Goods (Road and Rail
Transport) Bill 2008
No , 2008
A Bill for
An Act to make provision for safety in the transport of dangerous goods by road and
rail as part of the system of nationally consistent road and rail transport laws; and for
other purposes.
Clause 1 Dangerous Goods (Road and Rail Transport) Bill 2008
Part 1 Preliminary
The Legislature of New South Wales enacts: 1
Part 1 Preliminary 2
1 Name of Act 3
This Act is the Dangerous Goods (Road and Rail Transport) Act 2008. 4
2 Commencement 5
This Act commences on a day or days to be appointed by proclamation. 6
3 Purpose 7
The purpose of this Act is to regulate the transport of dangerous goods 8
by road and rail in order to promote public safety and protect property 9
and the environment. 10
4 Definitions 11
(1) In this Act, unless the contrary intention appears: 12
authorised officer means an authorised officer appointed under 13
section 17. 14
Competent Authority--see section 16. 15
consignor of goods means a person who: 16
(a) with the person's authority, is named or otherwise identified as 17
the consignor of the goods in the transport documentation 18
relating to the transport of the goods, or 19
(b) if paragraph (a) does not apply to the person or anyone else: 20
(i) engages a prime contractor or rail operator, either directly 21
or indirectly or through an agent or other intermediary, to 22
transport the goods, or 23
(ii) has possession of, or control over, the goods immediately 24
before the goods are transported, or 25
(iii) loads a vehicle with the goods, for transport, at a place 26
where the goods are awaiting collection and that is 27
unattended (except by the driver) during loading, or 28
(c) if paragraphs (a) and (b) do not apply to the person or anyone 29
else, and the goods are imported into Australia--imports the 30
goods. 31
corresponding authority means a Competent Authority appointed 32
under a corresponding law. 33
Page 2
Dangerous Goods (Road and Rail Transport) Bill 2008 Clause 4
Preliminary Part 1
corresponding law means: 1
(a) a law of another jurisdiction corresponding, or substantially 2
corresponding, to this Act, or 3
(b) a law of another jurisdiction that is declared under the regulations 4
to be a corresponding law to this Act. 5
dangerous activity means an activity: 6
(a) that relates to the transport of dangerous goods by road or rail, 7
and 8
(b) that is occurring or may occur in relation to or in the immediate 9
vicinity of the dangerous goods, and 10
(c) that creates or could create an immediate risk of death or injury 11
to a person, significant harm to the environment or significant 12
damage to property. 13
dangerous goods means: 14
(a) a substance or article prescribed by the regulations as dangerous 15
goods, or 16
(b) a substance or article determined by a Competent Authority in 17
accordance with the regulations to be dangerous goods. 18
driver of a vehicle includes: 19
(a) a two-up driver of the vehicle who is present in or near the 20
vehicle, and 21
(b) a person who is driving the vehicle as a driver under instruction 22
or under an appropriate learner licence or learner permit, and 23
(c) if the vehicle is a unit of rolling stock forming part of a train but 24
is not its locomotive--the driver of the train, and 25
(d) if the vehicle is a trailer--the driver of the motor vehicle towing 26
the trailer. 27
employee means an individual who works under a contract of 28
employment, apprenticeship or training. 29
employer means a person who employs persons under: 30
(a) contracts of employment, apprenticeship or training, or 31
(b) contracts for services. 32
EPA means the Environment Protection Authority constituted by the 33
Protection of the Environment Administration Act 1991. 34
exercise a function includes perform a duty. 35
function includes a power, authority or duty. 36
Page 3
Clause 4 Dangerous Goods (Road and Rail Transport) Bill 2008
Part 1 Preliminary
goods too dangerous to be transported means: 1
(a) a substance or article prescribed by the regulations as goods too 2
dangerous to be transported, or 3
(b) a substance or article determined by a Competent Authority, in 4
accordance with the regulations, to be goods too dangerous to be 5
transported. 6
involvement in the transport of dangerous goods by road or rail 7
includes: 8
(a) importing, or arranging for the importation of, dangerous goods 9
into Australia, and 10
(b) packing dangerous goods for transport by road or rail, and 11
(c) marking or labelling packages containing dangerous goods for 12
transport by road or rail, and placarding vehicles and packaging 13
on or in which dangerous goods are transported by road or rail, 14
and 15
(d) consigning dangerous goods for transport by road or rail, 16
including the preparation of transport documentation, and 17
(e) loading dangerous goods for transport by road or rail or 18
unloading dangerous goods that have been transported by road or 19
rail, and 20
(f) undertaking, or being responsible for, otherwise than as an 21
employee or sub-contractor, the transport of dangerous goods by 22
road or rail, and 23
(g) driving a vehicle carrying dangerous goods by road or rail, and 24
(h) being the consignee of dangerous goods transported by road or 25
rail, and 26
(i) being involved as a director, secretary or manager of a body 27
corporate, or other person who takes part in the management of a 28
body corporate, that takes part in an activity covered by this 29
definition. 30
jurisdiction means the Commonwealth or a State or Territory. 31
motor vehicle has the same meaning as it has in the Road Transport 32
(General) Act 2005. 33
packaging, in relation to goods, is anything that contains, holds, 34
protects or encloses the goods, whether directly or indirectly, to enable 35
them to be received or held for transport, or to be transported, and 36
includes anything declared by the regulations to be packaging. 37
Note. It may be that a container constitutes the whole of the packaging of 38
goods, as in the case of a drum in which dangerous goods are directly placed. 39
placard means a label or emergency information panel that is required 40
by the regulations to be used in transporting dangerous goods. 41
Page 4
Dangerous Goods (Road and Rail Transport) Bill 2008 Clause 4
Preliminary Part 1
premises includes a structure, whether permanent or temporary, and 1
land, but does not include a vehicle. 2
prime contractor, in respect of the transport of dangerous goods by 3
road, means the person who, in conducting a business for or involving 4
the transport of dangerous goods by road, has undertaken to be 5
responsible for, or is responsible for, the transport of the goods by road. 6
public authority means: 7
(a) the Crown in any capacity, or 8
(b) a body established by or under law, or the holder of an office 9
established by or under law, for a public purpose, including a 10
local government authority, or 11
(c) a police force or police service. 12
rail operator, in respect of the transport of dangerous goods by rail, 13
means the person who has undertaken to be responsible, or is 14
responsible, for: 15
(a) the transport of the goods by rail, or 16
(b) the condition of a unit of rolling stock transporting the goods. 17
road has the same meaning as it has in the Road Transport (General) 18
Act 2005. 19
Note. Under the Road Transport (General) Act 2005 a reference to a road 20
includes a road related area--see section 3 (3) of that Act. 21
train means 2 or more units of rolling stock (at least 1 unit of which is 22
a locomotive or self-propelled unit) that are coupled together. 23
transport, in relation to dangerous goods, includes: 24
(a) the packing, loading and unloading of the goods, and the transfer 25
of the goods to or from a vehicle, for the purpose of their 26
transport, and 27
(b) the marking or labelling of packages containing dangerous 28
goods, and the placarding of vehicles and packaging in which 29
dangerous goods are transported, and 30
(c) other matters incidental to their transport. 31
transport documentation means documentation required by the 32
regulations for the transport of dangerous goods. 33
two-up driver means a person accompanying a driver of a vehicle on a 34
journey or part of a journey, who has been, is or will be sharing the task 35
of driving the vehicle during the journey. 36
unit of rolling stock means a vehicle designed to run on rails, but does 37
not include a vehicle designed to operate both on and off rails when the 38
vehicle is not operating on rails. 39
Page 5
Clause 5 Dangerous Goods (Road and Rail Transport) Bill 2008
Part 1 Preliminary
vehicle means: 1
(a) a motor vehicle, or 2
(b) a trailer, or 3
(c) a unit of rolling stock. 4
WorkCover means the WorkCover Authority constituted by the 5
Workplace Injury Management and Workers Compensation Act 1998. 6
(2) Notes included in this Act are explanatory notes and do not form part of 7
this Act. 8
5 Scope of this Act 9
(1) This Act does not apply to: 10
(a) dangerous goods that are, or form part of, personal safety 11
equipment of persons in a vehicle transporting dangerous goods, 12
and 13
(b) dangerous goods that are in a container that is designed to form 14
part of, and forms part of, the fuel or battery system of a vehicle's 15
engine, auxiliary engine, fuel burning appliance or other part of a 16
vehicle's propulsion equipment. 17
(2) If a provision of this Act is inconsistent with another law that: 18
(a) relates to the storage and handling of dangerous goods, and 19
(b) does not relate to involvement in the transport of dangerous 20
goods by road or rail, 21
the other law prevails. 22
(3) If a provision of this Act is inconsistent with the Radiation Control Act 23
1990, the Radiation Control Act 1990 prevails. 24
Page 6
Dangerous Goods (Road and Rail Transport) Bill 2008 Clause 6
Licensing and safety obligations Part 2
Part 2 Licensing and safety obligations 1
6 Licensing of vehicles transporting dangerous goods 2
(1) A prime contractor must not use a vehicle to transport dangerous goods 3
by road (other than as the driver of the vehicle) if: 4
(a) the regulations require the vehicle to be licensed to transport the 5
goods, and 6
(b) the vehicle is not licensed under the regulations. 7
Maximum penalty: 500 penalty units or imprisonment for 2 years, or 8
both, for an individual or 2,500 penalty units for a body corporate. 9
(2) A person must not consign dangerous goods for transport by road on a 10
vehicle if the person knows or reasonably ought to know that: 11
(a) the regulations require the vehicle to be licensed to transport the 12
goods, and 13
(b) the vehicle is not licensed under the regulations. 14
Maximum penalty: 500 penalty units or imprisonment for 2 years, or 15
both, for an individual or 2,500 penalty units for a body corporate. 16
(3) A person must not drive a vehicle transporting dangerous goods by road 17
or rail if the person knows or reasonably ought to know that: 18
(a) the regulations require the vehicle to be licensed to transport the 19
goods, and 20
(b) the vehicle is not licensed under the regulations. 21
Maximum penalty: 100 penalty units. 22
7 Licensing of drivers transporting dangerous goods 23
(1) A person must not employ, engage, cause or permit another person to 24
drive a vehicle transporting dangerous goods by road or rail if the other 25
person is required by the regulations to be licensed to drive the vehicle 26
and is not so licensed. 27
Maximum penalty: 500 penalty units or imprisonment for 2 years, or 28
both, for an individual or 2,500 penalty units for a body corporate. 29
(2) A person must not drive a vehicle transporting dangerous goods by road 30
or rail if: 31
(a) the regulations require the person to be licensed to drive the 32
vehicle, and 33
(b) the person is not licensed under the regulations. 34
Maximum penalty: 100 penalty units. 35
Page 7
Clause 8 Dangerous Goods (Road and Rail Transport) Bill 2008
Part 2 Licensing and safety obligations
8 Goods too dangerous to be transported 1
A person must not: 2
(a) consign goods for transport by road or rail if the regulations 3
identify the goods as being too dangerous to be transported, or 4
(b) arrange the transport of goods that the regulations identify as 5
being too dangerous to be transported on a vehicle owned or 6
controlled by the person. 7
Maximum penalty: 500 penalty units or imprisonment for 2 years, or 8
both, for an individual or 2,500 penalty units for a body corporate. 9
9 Duties concerning the transport of dangerous goods 10
(1) A person involved in the transport of dangerous goods by road or rail 11
who fails to ensure that the goods are transported in a safe manner is 12
guilty of an offence. 13
(2) If a person involved in the transport of dangerous goods by road or rail 14
fails to comply with a provision of this Act or the regulations in 15
circumstances where the person knew, or ought reasonably to have 16
known, that the failure would be likely to endanger the safety of another 17
person or of property or the environment, the person is guilty of an 18
offence. 19
(3) It is a defence to any proceedings against a person for an offence against 20
subsection (1) if the person proves that: 21
(a) it was not reasonably practicable for the person to comply with 22
the provision, or 23
(b) the commission of the offence was due to causes over which the 24
person had no control and against the happening of which it was 25
impracticable for the person to make provision. 26
Maximum penalty: 500 penalty units or imprisonment for 2 years, or 27
both, for an individual or 2,500 penalty units for a body corporate. 28
10 Reckless conduct causing death or serious injury by person with duties 29
under section 9 30
(1) In this section: 31
conduct includes acts or omissions. 32
(2) A person: 33
(a) whose conduct causes the death or serious injury of another 34
person, and 35
(b) who owes a duty under section 9 when engaging in that conduct, 36
and 37
Page 8
Dangerous Goods (Road and Rail Transport) Bill 2008 Clause 11
Licensing and safety obligations Part 2
(c) who is reckless as to the danger of death or serious injury to any 1
person that arises from that conduct, 2
is guilty of an offence. 3
Maximum penalty: 1,000 penalty units or imprisonment for 4 years, or 4
both, for an individual or 5,000 penalty units for a body corporate. 5
(3) For the purposes of this section, a person's conduct causes death if it 6
substantially contributes to the death. 7
(4) If, on the trial of a person for an offence against this section, the jury is 8
not satisfied that the offence is proven but is satisfied that the person has 9
committed an offence against section 9, the jury may acquit the person 10
of the offence charged and find the person guilty of the offence against 11
section 9, and the person is liable to punishment accordingly. 12
11 Special defence for owners or operators 13
(1) It is a defence to a prosecution for an offence against this Act or the 14
regulations alleged to have been committed by a person in the capacity 15
of an owner or operator of a vehicle transporting dangerous goods if the 16
person establishes that the vehicle was being used at the relevant time 17
by: 18
(a) another person not entitled (whether by express or implied 19
authority or otherwise) to use it, other than an employee or agent 20
of the alleged offender, or 21
(b) an employee of the alleged offender who was acting at the 22
relevant time outside the scope of the employment, or 23
(c) an agent (in any capacity) of the alleged offender who was acting 24
at the relevant time outside the scope of the agency. 25
(2) If the offence relates to a breach of this Act or the regulations in 26
connection with alleged deficiencies concerning the vehicle or 27
dangerous goods, the defence is not available unless the alleged 28
offender establishes that: 29
(a) the vehicle or dangerous goods had not, before they ceased to be 30
under the alleged offender's control, been driven or transported 31
on a road in Australia in breach of this Act or the regulations or a 32
corresponding law arising in connection with all or any of those 33
alleged deficiencies, and 34
(b) one or more material changes, resulting in the alleged breach, had 35
been made after the vehicle or dangerous goods had ceased to be 36
under the alleged offender's control. 37
Page 9
Clause 12 Dangerous Goods (Road and Rail Transport) Bill 2008
Part 2 Licensing and safety obligations
(3) In this section: 1
deficiency concerning a vehicle or dangerous goods means a 2
deficiency in anything that is required by the regulations to be carried 3
on or in a vehicle or to be met in relation to dangerous goods. 4
operator means: 5
(a) in the case of a vehicle (not including a vehicle in a group of 6
vehicles that are physically connected)--the person who is 7
responsible for controlling or directing the operations of the 8
vehicle, or 9
(b) in the case of a group of vehicles that are physically connected-- 10
the person who is responsible for controlling or directing the 11
operations of the towing vehicle in the group. 12
owner, in respect of a vehicle, means a person who: 13
(a) is the sole owner, a joint owner or a part owner of the vehicle, or 14
(b) has possession or use of the vehicle under a credit, hire-purchase, 15
lease or other agreement, except an agreement requiring the 16
vehicle to be registered in the name of someone else. 17
(4) For the purposes of this section, a person is not an operator merely 18
because the person owns a vehicle or does any or all of the following: 19
(a) drives a vehicle, 20
(b) maintains or arranges for the maintenance of a vehicle, 21
(c) arranges for the registration of a vehicle. 22
12 Offences by corporations--liability of directors and managers 23
(1) If a corporation contravenes, whether by act or omission, any provision 24
of this Act or the regulations, each director of the corporation, and each 25
person concerned in the management of the corporation, is taken to have 26
contravened the same provision unless the director or person satisfies 27
the court that the director or person: 28
(a) was not in a position to influence the conduct of the corporation 29
in relation to its contravention of the provision, or 30
(b) being in such a position, used all due diligence to prevent the 31
contravention by the corporation. 32
(2) A person may be proceeded against and convicted under a provision 33
pursuant to subsection (1) whether or not the corporation has been 34
proceeded against or been convicted under that provision. 35
(3) Nothing in subsection (1) prejudices or affects any liability imposed by 36
a provision of this Act or the regulations on any corporation by which 37
an offence against the provision is actually committed. 38
Page 10
Dangerous Goods (Road and Rail Transport) Bill 2008 Clause 12
Licensing and safety obligations Part 2
(4) In the case of a corporation that is a local council, a member of the 1
council (in his or her capacity as such a member) is not to be regarded 2
as a director or person concerned in the management of the council for 3
the purposes of this section. 4
Page 11
Clause 13 Dangerous Goods (Road and Rail Transport) Bill 2008
Part 3 Regulations
Part 3 Regulations 1
13 Regulation-making powers 2
(1) The Governor may make regulations, not inconsistent with this Act, for 3
or with respect to any matter that by this Act is required or permitted to 4
be prescribed or that is necessary or convenient to be prescribed for 5
carrying out or giving effect to this Act. 6
(2) In particular, the regulations may make provision for or with respect to 7
the following: 8
(a) the identification and classification of dangerous goods, 9
(b) identifying, classifying and regulating goods that are too 10
dangerous to be transported (including prohibiting the transport 11
of such goods), 12
(c) the making of determinations by a Competent Authority for the 13
purposes of the regulations in relation to the following: 14
(i) the identification and classification of goods as dangerous 15
goods, 16
(ii) the identification and classification of dangerous goods, 17
(iii) the specification of what is, and what is not, compatible 18
with dangerous goods for transport purposes, 19
(iv) prohibiting or regulating the transport of dangerous goods 20
by road or rail, 21
(v) regulating the containment of dangerous goods that are 22
being, or that are to be, transported by road or rail, 23
(d) the analysis and testing of dangerous goods, 24
(e) fees that are to be paid for things done under this Act, 25
(f) the marking and labelling of packages containing dangerous 26
goods for transport by road or rail and the placarding of vehicles 27
and packaging on or in which dangerous goods are transported by 28
road or rail, 29
(g) containers, vehicles, packaging, equipment and other items used 30
in the transport of dangerous goods by road or rail, 31
(h) voluntary accreditation schemes, including privileges to be 32
accorded or sanctions to be imposed under the schemes and the 33
cancellation or suspension of the schemes, 34
(i) the loading of dangerous goods for, and the unloading of 35
dangerous goods after, their transport by road or rail, 36
(j) the determination by a Competent Authority of routes along 37
which, the areas in which and the times during which dangerous 38
goods may or may not be transported by road or rail, 39
Page 12
Dangerous Goods (Road and Rail Transport) Bill 2008 Clause 13
Regulations Part 3
(k) procedures for the transport of dangerous goods by road or rail, 1
including, but not limited to: 2
(i) the quantities and circumstances in which dangerous 3
goods, or particular types of dangerous goods, may be 4
transported, and 5
(ii) safety procedures and equipment, 6
(l) the licensing of: 7
(i) vehicles and drivers for the purposes of the transport of 8
dangerous goods by road or rail, and 9
(ii) persons involved in the transport of dangerous goods by 10
road or rail or for vehicles used in that transport, 11
(m) the mandatory accreditation of people involved in the transport of 12
dangerous goods by road or rail or particular aspects of that 13
transport, 14
(n) the approval by a Competent Authority of the form in which 15
applications are to be made to the Authority, and the form in 16
which documents are to be issued by the Authority, for the 17
purposes of the regulations, 18
(o) the approval by a Competent Authority of: 19
(i) vehicles, packaging, equipment and other items used in 20
relation to the transport of dangerous goods by road or rail, 21
and 22
(ii) facilities for and methods of testing or using vehicles, 23
packaging, equipment and other items used in relation to 24
the transport of dangerous goods by road or rail, and 25
(iii) processes carried out in relation to the transport of 26
dangerous goods, 27
(p) documents required to be prepared or kept by people involved in 28
the transport of dangerous goods by road or rail and the approval 29
by a Competent Authority of alternative documentation, 30
(q) obligations arising, and procedures to be followed, in the event of 31
a dangerous situation in relation to the transport of dangerous 32
goods by road or rail, 33
(r) the training and qualifications required of authorised officers and 34
other people performing functions under this Act, 35
(s) the training and qualifications required of people involved in, and 36
the approval of training courses and qualifications relating to 37
involvement in, the transport of dangerous goods by road or rail, 38
(t) the recognition of laws of other jurisdictions relating to the 39
transport of dangerous goods by road or rail and of things done 40
under those laws, and the giving effect to those things, 41
Page 13
Clause 14 Dangerous Goods (Road and Rail Transport) Bill 2008
Part 3 Regulations
(u) the recognition of a body consisting of the Competent Authorities 1
of this jurisdiction and other equivalent bodies in other 2
jurisdictions to provide oversight on decisions made under this 3
Act or the regulations that may have implications for other 4
jurisdictions, and other matters in relation to such a body, 5
including the recognition of decisions made by such a body, 6
(v) the recognition of accredited providers of training, package 7
testing, design verification and other similar activities, 8
(w) the passing of information on persons relevant to licensing or 9
compliance and enforcement matters to another Competent 10
Authority and other authorities involved in the enforcement of 11
road and rail laws, 12
(x) requiring a person involved in the transport of dangerous goods 13
by road or rail to hold insurance, or some other form of 14
indemnity, in relation to that transport, 15
(y) appeals against, and the review of, decisions under this Act, 16
including conferring jurisdiction on a court or courts to hear 17
appeals against, and on the Administrative Decisions Tribunal to 18
review, decisions under the regulations, 19
(z) applications for, and consideration of applications for, 20
exemptions, 21
(aa) registers of approvals, exemptions and determinations, 22
(ab) the form of decisions under the Act, 23
(ac) determinations by a Competent Authority, 24
(ad) obligations of passengers in respect of transport of dangerous 25
goods by rail. 26
14 Regulations may adopt codes, standards and rules 27
(1) The regulations may apply, adopt or incorporate any or all of the 28
provisions of a code, standard or rule relating to dangerous goods or to 29
transport by road or rail. Those provisions may be applied, adopted or 30
incorporated as they currently exist, as amended by the regulations, or 31
as amended from time to time. 32
(2) The regulations may: 33
(a) prescribe a substance or article as being dangerous goods, or 34
(b) prescribe various types of dangerous goods, including goods that 35
are too dangerous to be transported, and methods for deciding 36
which dangerous goods fall into each type, 37
by reference to such a code, standard or rule. 38
Page 14
Dangerous Goods (Road and Rail Transport) Bill 2008 Clause 15
Regulations Part 3
(3) A reference in this section to a code, standard or rule includes a 1
reference to one that is made outside Australia. 2
15 Penalties under the regulations 3
The regulations may create offences, and may provide for a maximum 4
penalty, not exceeding 60 penalty units for an individual or 300 penalty 5
units for a body corporate, for each offence. 6
Page 15
Clause 16 Dangerous Goods (Road and Rail Transport) Bill 2008
Part 4 Administration
Part 4 Administration 1
Division 1 Competent Authorities and their authorised 2
officers 3
16 Competent Authorities 4
(1) For the purposes of this Act, each of the following are Competent 5
Authorities: 6
(a) the EPA, and 7
(b) WorkCover. 8
(2) A Competent Authority: 9
(a) may exercise the functions of an authorised officer, and 10
(b) when exercising those functions, has all the immunities of an 11
authorised officer. 12
17 Appointment of authorised officers 13
(1) A Competent Authority may appoint a person to be an authorised 14
officer. 15
(2) In appointing authorised officers, a Competent Authority may specify 16
that the appointment is subject to conditions or restrictions relating to: 17
(a) the powers that are exercisable by those officers, or 18
(b) when, where and in what circumstances those officers may 19
exercise powers. 20
(3) A Competent Authority may issue identification cards containing 21
prescribed details to authorised officers. 22
18 Identification cards 23
Each authorised officer who is not a police officer must: 24
(a) carry his or her identification card as an authorised officer while 25
carrying out duties under this Act, and 26
(b) if requested to do so by any person affected by the exercise of a 27
power by an authorised officer under this Act, produce the 28
officer's identification card to the person. 29
Note. See section 201 of the Law Enforcement (Powers and Responsibilities) 30
Act 2002 in relation to a police officer's obligation to produce evidence that the 31
police officer is a police officer (unless the police officer is in uniform). 32
Page 16
Dangerous Goods (Road and Rail Transport) Bill 2008 Clause 19
Administration Part 4
19 Return of identification cards 1
(1) A person who has been issued with an identification card and who stops 2
being an authorised officer must return his or her identification card to 3
the appropriate Competent Authority as soon as practicable. 4
(2) A person must not contravene subsection (1) without reasonable excuse. 5
Maximum penalty: 10 penalty units. 6
20 Competent Authority may delegate functions 7
A Competent Authority may delegate the exercise of any function of the 8
Competent Authority under this Act (other than this power of 9
delegation) to: 10
(a) an authorised officer appointed by the Competent Authority, or 11
(b) any person, or any class of persons, authorised for the purposes 12
of this section by the regulations. 13
Division 2 Powers of authorised officers 14
21 General powers of authorised officers appointed by EPA: application of 15
Chapter 7 of Protection of the Environment Operations Act 1997 16
(1) An authorised officer appointed by the EPA has and may exercise the 17
functions of an authorised officer under Chapter 7 and section 319A of 18
the Protection of the Environment Operations Act 1997 (the POEO Act) 19
for the following purposes: 20
(a) for determining whether there has been compliance with or a 21
contravention of this Act and the regulations, 22
(b) for obtaining information or records for purposes connected with 23
the administration of this Act and the regulations, 24
(c) generally for administering this Act and the regulations. 25
(2) The provisions of Chapter 7 and section 319A of the POEO Act apply 26
to and in respect of this Act as if those provisions were part of this Act, 27
subject to the following modifications: 28
(a) references in those provisions to an authorised officer were 29
references to an authorised officer appointed by the EPA as a 30
Competent Authority under this Act, 31
(b) references in those provisions to "this Act" were references to 32
this Act, 33
(c) references in those provisions to the EPA were references to the 34
EPA as a Competent Authority, 35
(d) the EPA as a Competent Authority was the appropriate regulatory 36
authority for matters concerning this Act. 37
Page 17
Clause 22 Dangerous Goods (Road and Rail Transport) Bill 2008
Part 4 Administration
(3) For the avoidance of doubt, a prosecution of a person for an offence 1
against a provision of Chapter 7 of the POEO Act (as applying under 2
this section) is to be taken as if the offence were an offence against this 3
Act. 4
(4) The functions that an authorised officer has under Chapter 7 of the 5
POEO Act are, for the purposes of any provision of this Act, taken to be 6
functions under this Act. 7
(5) If an authorised officer has functions in respect of a matter under both 8
Chapter 7 of the POEO Act (as applying under this section) and under 9
any other provision of this Act, the fact that there is a restriction on the 10
exercise of a function under this Act does not of itself operate to restrict 11
the exercise by an authorised officer of any similar or the same function 12
under Chapter 7 of the POEO Act. 13
22 General powers of authorised officers appointed by WorkCover: 14
application of Division 2 of Part 5 of Occupational Health and Safety Act 15
2000 16
(1) An authorised officer appointed by WorkCover has and may exercise 17
the functions of an inspector under Division 2 of Part 5 of the 18
Occupational Health and Safety Act 2000 (the OHS Act) for the 19
following purposes: 20
(a) for determining whether there has been compliance with or a 21
contravention of this Act and the regulations, 22
(b) for obtaining information or records for purposes connected with 23
the administration of this Act and the regulations, 24
(c) generally for administering this Act and the regulations. 25
(2) The provisions of Division 2 of Part 5 of the OHS Act apply to and in 26
respect of this Act as if those provisions were part of this Act, subject to 27
the following modifications: 28
(a) references in those provisions to an inspector were references to 29
an authorised officer appointed by WorkCover as a Competent 30
Authority under this Act, 31
(b) references in those provisions to "this Act" were references to 32
this Act, 33
(c) references in those provisions to WorkCover were references to 34
WorkCover as a Competent Authority. 35
(3) For the avoidance of doubt, a prosecution of a person for an offence 36
against a provision of Division 2 of Part 5 of the OHS Act (as applying 37
under this section) is to be taken as if the offence were an offence 38
against this Act. 39
Page 18
Dangerous Goods (Road and Rail Transport) Bill 2008 Clause 23
Administration Part 4
(4) The functions that an authorised officer has under Division 2 of Part 5 1
of the OHS Act are, for the purposes of any provision of this Act, taken 2
to be functions under this Act. 3
(5) If an authorised officer has functions in respect of a matter under both 4
Division 2 of Part 5 of the OHS Act (as applying under this section) and 5
under any other provision of this Act, the fact that there is a restriction 6
on the exercise of a function under this Act does not of itself operate to 7
restrict the exercise by an authorised officer of any similar or the same 8
function under Division 2 of Part 5 of the OHS Act. 9
23 Offence of obstructing or intimidating authorised officers and others 10
exercising functions under Act 11
A person must not: 12
(a) obstruct, hinder or impede any authorised officer or a person 13
assisting an authorised officer in the exercise of the officer's 14
functions under this Act, or 15
(b) intimidate or threaten or attempt to intimidate any authorised 16
officer in the exercise of the officer's functions under this Act. 17
Maximum penalty: 100 penalty units or imprisonment for 6 months, or 18
both, for an individual or 500 penalty units for a body corporate. 19
24 Offence of impersonating an authorised officer 20
A person must not impersonate, or falsely represent that the person is, 21
an authorised officer. 22
Maximum penalty: 100 penalty units. 23
25 Reciprocal powers of authorised officers 24
(1) This section has effect in relation to another jurisdiction while the 25
corresponding law of the other jurisdiction contains provisions 26
corresponding to this section. 27
(2) The Minister may enter into agreements with a Minister of the other 28
jurisdiction for the purposes of this section. 29
(3) To the extent envisaged by such an agreement: 30
(a) authorised officers of this jurisdiction may, in the other 31
jurisdiction, exercise powers conferred on authorised officers of 32
the other jurisdiction by or under the corresponding law of the 33
other jurisdiction, and 34
(b) authorised officers of the other jurisdiction may, in this 35
jurisdiction, exercise powers conferred on authorised officers by 36
this Act. 37
Page 19
Clause 25 Dangerous Goods (Road and Rail Transport) Bill 2008
Part 4 Administration
(4) Anything done by an authorised officer of this jurisdiction under 1
subsection (3) (a) (including an omission of an act) is taken to have been 2
done under this Act as well as under the corresponding law. 3
(5) The regulations may make provision for or with respect to the exercise 4
of powers under this section. 5
Page 20
Dangerous Goods (Road and Rail Transport) Bill 2008 Clause 26
Investigation, improvement and prohibition notices Part 5
Part 5 Investigation, improvement and prohibition 1
notices 2
Division 1 Investigation notices 3
26 Investigation notices 4
(1) An authorised officer who has exercised any power under Part 4 may 5
issue an investigation notice to a person if the authorised officer 6
believes on reasonable grounds that it is necessary to issue the notice in 7
order to facilitate the exercise of the authorised officer's powers under 8
that Part. 9
(2) An investigation notice must set out the grounds on which it is issued. 10
(3) An investigation notice remains in force for the period specified in the 11
notice. A notice may be renewed more than once by an authorised 12
officer by issuing a further investigation notice in accordance with this 13
section. 14
27 Offence: failure to comply with investigation notice 15
While an investigation notice is in force, the person to whom the notice 16
is issued must: 17
(a) stop the use or movement of, or interference with, any substance 18
or thing that is specified in the notice, and 19
(b) take measures to prevent the disturbance of any substance or 20
thing that is specified in the notice, or any specified area in which 21
it is located. 22
Maximum penalty: 100 penalty units or imprisonment for 6 months, or 23
both, for an individual or 500 penalty units for a body corporate. 24
Division 2 Improvement notices 25
28 Issue of improvement notices 26
(1) If an authorised officer is of the opinion that any person: 27
(a) is contravening any provision of this Act or the regulations, or 28
(b) is likely to contravene such a provision, or 29
(c) has contravened such a provision in circumstances that make it 30
likely that the contravention will continue or be repeated, 31
the authorised officer may issue to the person a notice requiring the 32
person to remedy the contravention or the matters occasioning it within 33
the period specified in the notice (being a reasonable period for the 34
person to comply with the requirements imposed by the notice). 35
Page 21
Clause 29 Dangerous Goods (Road and Rail Transport) Bill 2008
Part 5 Investigation, improvement and prohibition notices
(2) An improvement notice must: 1
(a) state that the authorised officer is of the opinion referred to in 2
subsection (1), and 3
(b) state the reasons for that opinion, and 4
(c) specify the provision of this Act or the regulations in respect of 5
which that opinion is held, and 6
(d) include information about obtaining a review of the notice under 7
this Part. 8
29 Offence: failure to comply with improvement notice 9
A person who, without reasonable excuse, fails to comply with a 10
requirement imposed by an improvement notice is guilty of an offence. 11
Maximum penalty: 100 penalty units or imprisonment for 6 months, or 12
both, for an individual or 500 penalty units for a body corporate. 13
Division 3 Prohibition notices 14
30 Issue of prohibition notices 15
(1) If an authorised officer is of the opinion that there is occurring or about 16
to occur any dangerous activity, the authorised officer may issue to the 17
person who has or may be reasonably presumed to have control over the 18
activity a notice prohibiting the carrying on of the activity until the 19
authorised officer has certified in writing that the activity is not or is no 20
longer a dangerous activity. 21
(2) A prohibition notice must: 22
(a) state that the authorised officer is of the opinion referred to in 23
subsection (1), and 24
(b) state the reasons for that opinion, and 25
(c) specify the activity in respect of which that opinion is held, and 26
(d) if in the authorised officer's opinion the activity involves a 27
contravention or likely contravention of any provision of this Act 28
or the regulations--specify that provision and state the reasons 29
for that opinion, and 30
(e) include information about obtaining a review of the notice under 31
this Part. 32
Page 22
Dangerous Goods (Road and Rail Transport) Bill 2008 Clause 31
Investigation, improvement and prohibition notices Part 5
31 Offence: failure to comply with prohibition notice 1
A person who, without reasonable excuse, fails to comply with a 2
requirement imposed by a prohibition notice is guilty of an offence. 3
Maximum penalty: 100 penalty units or imprisonment for 6 months, or 4
both, for an individual or 500 penalty units for a body corporate. 5
Division 4 General provisions relating to notices 6
32 Preventing injury and damage--taking direct action 7
If: 8
(a) an authorised officer believes on reasonable grounds that there is 9
occurring or about to occur any dangerous activity, and 10
(b) either: 11
(i) a person to whom a notice under section 28 or 30 has been 12
given has not complied with the notice, or 13
(ii) giving such a notice to a person would not be appropriate 14
to avert, eliminate or minimise the danger, 15
the authorised officer may take or cause to be taken any action the 16
authorised officer believes on reasonable grounds to be necessary to 17
avert, eliminate or minimise the danger. 18
33 Notices may include directions 19
(1) An authorised officer may include in a notice under this Part directions 20
as to the measures to be taken to remedy any contravention or matter to 21
which the notice relates or to otherwise comply with the notice. 22
(2) Any such direction may: 23
(a) adopt, by reference, the requirements of any industry or other 24
code of practice or standard, and 25
(b) offer the person to whom it is issued a choice of ways in which to 26
remedy the contravention or matter or to comply with the notice. 27
34 Review of notices by Competent Authority 28
(1) A person who is issued with a notice under this Part may apply in 29
writing to the relevant Competent Authority for a review of the notice. 30
(2) The application for review must be made within 7 days after the notice 31
is issued or, if the regulations prescribe a different period, within the 32
period so prescribed. 33
(3) An application for review may be made only once in respect of any 34
particular notice. 35
Page 23
Clause 35 Dangerous Goods (Road and Rail Transport) Bill 2008
Part 5 Investigation, improvement and prohibition notices
(4) The relevant Competent Authority is to review a notice that is the 1
subject of a duly made application for review. 2
(5) The notice is stayed (unless it is an investigation notice or a prohibition 3
notice) from when the application for review is received by the relevant 4
Competent Authority until the relevant Competent Authority gives 5
notice to the applicant of the result of the review. 6
(6) The relevant Competent Authority may, as a result of the review, 7
confirm the notice, vary it or revoke it. The confirmation, variation or 8
revocation has effect when notice of the result of the review is given to 9
the applicant. 10
(7) Regulations may be made with respect to reviews under this section. 11
(8) In this section, relevant Competent Authority means the Competent 12
Authority that appointed the authorised officer who issued the notice 13
concerned. 14
35 Appeal to Court following review 15
(1) A person who is not satisfied with the result of a review of a notice 16
under this Part may appeal against the notice to: 17
(a) in the case of a review by the EPA--the Land and Environment 18
Court, or 19
(b) in the case of a review by WorkCover--a Local Court constituted 20
by an Industrial Magistrate sitting alone. 21
(2) An appeal under this section does not operate to stay the notice the 22
subject of the appeal except as otherwise ordered by the court 23
concerned. 24
(3) The court to which an appeal under this section is made may, on the 25
appeal, confirm the notice, vary it or revoke it. 26
(4) Regulations may be made with respect to appeals under this section, 27
including the time and manner in which such an appeal is to be made. 28
36 Application for stay of investigation or prohibition notice 29
(1) If a person duly applies under this Part for review of an investigation 30
notice or a prohibition notice, the person may apply to the following 31
courts for a stay of the notice: 32
(a) in the case of a review by the EPA--the Land and Environment 33
Court, or 34
(b) in the case of a review by WorkCover--a Local Court constituted 35
by an Industrial Magistrate sitting alone. 36
Page 24
Dangerous Goods (Road and Rail Transport) Bill 2008 Clause 37
Investigation, improvement and prohibition notices Part 5
(2) A stay may be granted for such period as the court concerned considers 1
appropriate, but not so as to extend past the time when notice of the 2
result of the review is given to the applicant by the relevant Competent 3
Authority. 4
(3) A stay may be granted on such conditions as the court considers 5
appropriate and may be revoked or amended by the court. 6
37 Withdrawal of notices 7
(1) A notice under this Part may be withdrawn at any time by the authorised 8
officer who issued the notice or by the Competent Authority if the 9
authorised officer or the Competent Authority is satisfied that the notice 10
was issued in error or is incorrect in some respect. 11
(2) The withdrawal has effect when notice of the withdrawal is given to the 12
person to whom the notice was issued. 13
38 Revocation or withdrawal of notice does not prevent issue of another 14
notice 15
The revocation or withdrawal of a notice under this Part does not 16
prevent the issue of any other notice. 17
39 Service of notices 18
(1) A notice under this Part (including a notice confirming, revoking or 19
withdrawing such a notice) may be issued or given to a person: 20
(a) by delivering it personally to the person, or 21
(b) by leaving it with some other person at, or sending it by post or 22
facsimile transmission to, the person's place of residence or 23
business or the place of work to which the notice relates. 24
(2) A notice under this Part that relates to a vehicle may be given by placing 25
it securely on the vehicle in a conspicuous position. 26
(3) A person must not remove a notice under this Part from a vehicle before 27
the matters causing the contravention have been remedied (unless it is 28
necessary to do so to remedy the matters). 29
Maximum penalty: 100 penalty units for an individual or 500 penalty 30
units for a body corporate. 31
(4) This section does not affect the operation of any provision of a law or 32
the rules of a court authorising a notice or other document to be served 33
in a manner not authorised by this section. 34
40 Exhibition of notices 35
(1) An authorised officer may cause a notice containing a copy of or extract 36
from a notice under this Part, or of the matter contained in the notice, to 37
Page 25
Clause 41 Dangerous Goods (Road and Rail Transport) Bill 2008
Part 5 Investigation, improvement and prohibition notices
be exhibited at a place of work or on a vehicle concerned in a manner 1
approved by the Competent Authority. 2
(2) A person must not destroy, damage or remove a notice so exhibited 3
except with the approval of the Competent Authority or an authorised 4
officer. 5
Maximum penalty: 20 penalty units for an individual or 100 penalty 6
units for a body corporate. 7
41 Proceedings for offences not affected by notices 8
The issue, variation, revocation or withdrawal of a notice under this Part 9
does not affect any proceedings for an offence against this Act or the 10
regulations in connection with any matter in respect of which the notice 11
was issued. 12
Page 26
Dangerous Goods (Road and Rail Transport) Bill 2008 Clause 42
Exemptions Part 6
Part 6 Exemptions 1
42 Exemptions 2
(1) A person or a representative of a class of persons may apply to a 3
Competent Authority for an exemption from compliance with a 4
provision of the regulations in relation to the transport of particular 5
dangerous goods by road or rail. 6
(2) A Competent Authority may, on its own initiative or in response to an 7
application under subsection (1), exempt the person or class of persons 8
from compliance with the provision if the Competent Authority is 9
satisfied that: 10
(a) it is not reasonably practicable for the person or class of persons 11
to comply with the provision, and 12
(b) granting the exemption: 13
(i) would not be likely to create a risk of death or injury to a 14
person, or harm to the environment or to property, greater 15
than that which would be the case if the person or class of 16
persons were required to comply, and 17
(ii) would not cause unnecessary administrative or 18
enforcement difficulties, particularly with respect to 19
maintaining national uniformity of road transport laws or 20
rail transport laws. 21
(3) An exemption may be subject to conditions. 22
(4) If a Competent Authority grants an exemption to one person, the 23
Competent Authority must send a notice to the person stating: 24
(a) the provisions of the regulations that are the subject of the 25
exemption, and 26
(b) the dangerous goods to which the exemption applies, and 27
(c) the period of time for which the exemption remains in force, and 28
(d) the conditions to which the exemption is subject, and 29
(e) the geographical area for which the exemption is valid. 30
(5) If a Competent Authority: 31
(a) grants an exemption to a class of persons, or 32
(b) grants an exemption that is to remain in force for longer than 6 33
months, 34
the Competent Authority must place a notice in the Gazette specifying 35
all the details in subsection (4) and the person or class of persons to 36
which the exemption applies. 37
Page 27
Clause 43 Dangerous Goods (Road and Rail Transport) Bill 2008
Part 6 Exemptions
(6) A person who fails to comply with conditions to which an exemption is 1
subject is guilty of an offence. 2
Maximum penalty: 100 penalty units or imprisonment for 6 months, or 3
both, for an individual or 500 penalty units for a body corporate. 4
(7) If an exemption is granted to one person, the person must keep a copy 5
of the notice of exemption in the vehicle or premises to which it applies. 6
(8) If a Competent Authority: 7
(a) grants an exemption to a class of persons, or 8
(b) grants an exemption that is to remain in force for longer than 6 9
months, 10
the Competent Authority must notify a Competent Authority of each 11
other State or Territory of the details of the exemption. 12
43 Variation and cancellation of exemptions and conditions 13
(1) A Competent Authority may cancel an exemption if it: 14
(a) is satisfied that a condition to which the exemption is subject has 15
not been complied with, or 16
(b) is no longer satisfied of the matters referred to in section 42 (2). 17
(2) An exemption granted to a person is to be varied or cancelled by notice 18
in writing given to the person, and the variation or cancellation takes 19
effect from the day on which the notice is given, or from a later day 20
specified in the notice. 21
(3) An exemption granted to a class of persons is to be varied or cancelled 22
by notice published in the Gazette, and the variation or cancellation 23
takes effect on the day of publication, or from a later day specified in 24
the notice. 25
(4) A Competent Authority may vary or cancel conditions to which the 26
exemption is subject or impose new conditions. 27
44 Internal review of exemptions by Competent Authority 28
(1) If a Competent Authority: 29
(a) refuses to grant an exemption to a person or a class of persons, or 30
(b) cancels an exemption granted to a person or a class of persons, or 31
(c) grants an exemption to a person or a class of persons subject to 32
conditions, or 33
(d) varies or cancels conditions to which an exemption granted to a 34
person or a class of persons is subject or imposes new conditions, 35
the person or a representative of the class of persons may apply in 36
writing to the Competent Authority for a review of the decision. 37
Page 28
Dangerous Goods (Road and Rail Transport) Bill 2008 Clause 45
Exemptions Part 6
(2) The application for review must be made within 7 days after the 1
decision or, if the regulations prescribe a different period, within the 2
period so prescribed. 3
(3) An application for review may be made only once in respect of any 4
particular decision. 5
(4) The Competent Authority is to review the decision that is the subject of 6
a duly made application for review. 7
(5) The Competent Authority may stay a decision that is the subject of a 8
duly made application for review. 9
(6) The Competent Authority may, as a result of the review, confirm the 10
decision, vary it or revoke it. The confirmation, variation or revocation 11
has effect when notice of the result of the review is given to the 12
applicant. 13
(7) Regulations may be made with respect to reviews under this section. 14
45 Appeal to Court following review 15
(1) A person, or a representative of a class of persons, who is not satisfied 16
with the result of an internal review of a decision under this Part may 17
appeal against the notice to: 18
(a) in the case of a review by the EPA--the Land and Environment 19
Court, or 20
(b) in the case of a review by WorkCover--a Local Court constituted 21
by an Industrial Magistrate sitting alone. 22
(2) An appeal under this section does not operate to stay the notice the 23
subject of the appeal except as otherwise ordered by the court 24
concerned. 25
(3) The court to which an appeal is made under this section may, on the 26
appeal, confirm the decision, vary it or revoke it. 27
(4) Regulations may be made with respect to appeals under this section, 28
including the time and manner in which such an appeal is to be made. 29
46 Application orders and emergency orders 30
(1) The Minister may order, by notice published in the Gazette, that the 31
operation of the regulations, or of specified parts of the regulations: 32
(a) is suspended for a specified period, or 33
(b) is varied in a manner specified by the Minister. 34
(2) An order may have effect in relation to the whole of this State or to a 35
specified area of this State. 36
Page 29
Clause 47 Dangerous Goods (Road and Rail Transport) Bill 2008
Part 7 Criminal and other proceedings
Part 7 Criminal and other proceedings 1
Division 1 Proceedings for offences generally 2
47 Proceedings for an offence 3
(1) A prosecution for an offence against this Act or the regulations may be 4
brought by a Competent Authority or an authorised officer. 5
(2) Subject to subsection (3), proceedings for an offence against this Act or 6
the regulations that is prescribed by the regulations for the purposes of 7
this subsection may be dealt with: 8
(a) summarily before a Local Court, or 9
(b) summarily before the Industrial Court of New South Wales. 10
(3) Proceedings for an offence against section 10 may only be dealt with 11
summarily before the Industrial Court of New South Wales. 12
(4) The provisions of the Industrial Relations Act 1996, and of the 13
regulations under that Act, relating to appeals from, and the stating of a 14
case by, a Local Court to the Industrial Court apply to proceedings 15
before a Local Court for an offence referred to in subsection (2). 16
(5) Proceedings for an offence against this Act or the regulations other than 17
an offence referred to in subsection (2) or (3) may be dealt with: 18
(a) summarily before a Local Court, or 19
(b) summarily before the Land and Environment Court in its 20
summary jurisdiction. 21
(6) If proceedings for an offence against this Act or the regulations are 22
brought in a Local Court, the maximum monetary penalty that the Local 23
Court may impose for the offence is, despite any other provision of this 24
Act, 100 penalty units. 25
(7) Proceedings for an offence under this Act or the regulations may be 26
commenced within but not later than 2 years after the date on which the 27
offence is alleged to have been committed. 28
(8) Proceedings for an offence under this Act or the regulations may also be 29
commenced within but not later than 2 years after the date on which 30
evidence of the alleged offence first came to the attention of a 31
Competent Authority or an authorised officer. 32
(9) If subsection (8) is relied on for the purpose of commencing 33
proceedings for an offence, the court attendance notice, summons, 34
information or application must contain particulars of the date on which 35
evidence of the offence first came to the attention of a Competent 36
Authority or an authorised officer and need not contain particulars of 37
Page 30
Dangerous Goods (Road and Rail Transport) Bill 2008 Clause 48
Criminal and other proceedings Part 7
the date on which the offence was committed. The date on which 1
evidence first came to the attention of a Competent Authority or an 2
authorised officer is the date specified in the court attendance notice, 3
summons, information or application, unless the contrary is established. 4
(10) In this section, evidence of an offence means evidence of any act or 5
omission constituting the offence. 6
48 Penalty notices 7
(1) An authorised officer may serve a penalty notice on a person if it 8
appears to the officer that the person has committed an offence against 9
this Act or the regulations, being an offence prescribed by the 10
regulations as a penalty notice offence. 11
(2) A penalty notice is a notice to the effect that, if the person served does 12
not wish to have the matter determined by a court, the person may pay, 13
within the time and to the person specified in the notice, the amount of 14
the penalty prescribed by the regulations for the offence if dealt with 15
under this section. 16
(3) A penalty notice may be served personally or by post. 17
(4) If the amount of penalty prescribed for an alleged offence is paid under 18
this section, no person is liable to any further proceedings for the 19
alleged offence. 20
(5) Payment under this section is not to be regarded as an admission of 21
liability for the purpose of, and does not in any way affect or prejudice, 22
any civil claim, action or proceeding arising out of the same occurrence. 23
(6) The regulations may: 24
(a) prescribe an offence for the purposes of this section by specifying 25
the offence or by referring to the provision creating the offence, 26
and 27
(b) prescribe the amount of penalty payable for the offence if dealt 28
with under this section, and 29
(c) prescribe different amounts of penalties for different offences or 30
classes of offences. 31
(7) The amount of a penalty prescribed under this section for an offence is 32
not to exceed the maximum amount of penalty that could be imposed for 33
the offence by a court. 34
(8) This section does not limit the operation of any other provision of, or 35
made under, this or any other Act relating to proceedings that may be 36
taken in respect of offences. 37
Page 31
Clause 49 Dangerous Goods (Road and Rail Transport) Bill 2008
Part 7 Criminal and other proceedings
Division 2 Court orders in connection with offences 1
49 Operation of Division 2
(1) Application to proved offences 3
This Division applies where a court finds an offence against this Act or 4
the regulations proved. 5
(2) Meaning of proved offences 6
Without limiting the generality of subsection (1), a court finds an 7
offence proved if: 8
(a) the court convicts the offender of the offence, or 9
(b) the court makes an order under section 10 of the Crimes 10
(Sentencing Procedure) Act 1999 against the offender in relation 11
to the offence (in which case the order is not a punishment for the 12
purposes of that section). 13
(3) Definitions 14
In this Division: 15
the court means the court that finds the offence proved. 16
the offender means the person who is found to have committed the 17
offence. 18
50 Orders generally 19
(1) Orders may be made 20
One or more orders may be made under this Division against the 21
offender. 22
(2) Orders are additional 23
Orders may be made under this Division in addition to any penalty that 24
may be imposed or any other action that may be taken in relation to the 25
offence. 26
(3) Other action not required 27
Orders may be made under this Division regardless of whether any 28
penalty is imposed, or other action taken, in relation to the offence. 29
51 Orders regarding monetary benefits 30
(1) The court may order the offender to pay, as part of the penalty for 31
committing the offence, an additional penalty of an amount the court is 32
satisfied, on the balance of probabilities, represents 3 times the amount 33
of any monetary benefits that: 34
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Dangerous Goods (Road and Rail Transport) Bill 2008 Clause 52
Criminal and other proceedings Part 7
(a) was received or receivable, by the person or by an associate of the 1
person, from the commission of the offence, and 2
(b) in the case of a journey that was interrupted or not commenced 3
because of action taken by an authorised officer in connection 4
with the commission of the offence--would have been received 5
or receivable, by the person or by an associate of the person, from 6
the commission of the offence had the journey been completed. 7
(2) The amount of an additional penalty for an offence is not subject to any 8
maximum amount of penalty provided elsewhere by or under this Act. 9
(3) For the purposes of this section, a person is an associate of another if: 10
(a) one is a spouse, parent, brother, sister or child of the other, or 11
(b) they are members of the same household, or 12
(c) they are partners, or 13
(d) they are both trustees or beneficiaries of the same trust, or one is 14
a trustee and the other is a beneficiary of the same trust, or 15
(e) one is a body corporate and the other is a director or member of 16
the governing body of the body corporate, or 17
(f) one is a body corporate (other than a public company whose 18
shares are listed on a stock exchange) and the other is a 19
shareholder in the body corporate, or 20
(g) they are related bodies corporate within the meaning of the 21
Corporations Act 2001 of the Commonwealth, or 22
(h) a chain of relationships can be traced between them under any 23
one or more of the above paragraphs. 24
(4) In this section: 25
beneficiary, in relation to a trust, includes an object of a discretionary 26
trust. 27
monetary benefits means monetary, financial or economic benefits. 28
the court does not include a Local Court. 29
52 Power to affect licences 30
The court that finds the driver of a vehicle guilty of an offence may 31
make an order for either or both of the following: 32
(a) that a licence the driver is required to have by the regulations is: 33
(i) cancelled, or 34
(ii) modified or suspended for a specified period, 35
(b) that the driver is disqualified for a specified period from 36
obtaining or holding a licence the driver is required to have by the 37
regulations. 38
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Clause 53 Dangerous Goods (Road and Rail Transport) Bill 2008
Part 7 Criminal and other proceedings
53 Supervisory intervention orders 1
(1) The court may make an order under this section if the court considers an 2
offender to be a systematic or persistent offender against this Act or the 3
regulations. 4
(2) The court may, on the application of a Competent Authority, make a 5
supervisory intervention order requiring the offender (at the offender's 6
own expense and for a specified period not exceeding one year) to do 7
any or all of the following: 8
(a) to do specified things that the court considers will improve the 9
offender's compliance with this Act or the regulations or 10
specified provisions of this Act or the regulations, including (for 11
example) the following: 12
(i) appointing or removing staff to or from particular activities 13
or positions, 14
(ii) training and supervising staff, 15
(iii) obtaining expert advice as to maintaining appropriate 16
compliance, 17
(iv) installing monitoring, compliance, managerial or 18
operational equipment (including, for example, intelligent 19
transport system equipment), 20
(v) implementing monitoring, compliance, managerial or 21
operational practices, systems or procedures, 22
(b) to conduct specified monitoring, compliance, managerial or 23
operational practices, systems or procedures subject to the 24
direction of the Competent Authority or a person nominated by 25
the Competent Authority, 26
(c) to furnish compliance reports to the Competent Authority or the 27
court or both as specified in the order, 28
(d) to appoint a person to have responsibilities: 29
(i) to assist the offender in improving compliance with this 30
Act and the regulations or specified provisions of this Act 31
or the regulations, and 32
(ii) to monitor the offender's performance in complying with 33
this or specified provisions of this Act and the regulations 34
and in complying with the requirements of the order, and 35
(iii) to furnish compliance reports to the Competent Authority 36
or the court or both as specified in the order. 37
(3) The court may specify matters that are to be dealt with in compliance 38
reports and the form, manner and frequency in which compliance 39
reports are to be prepared and furnished. 40
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Dangerous Goods (Road and Rail Transport) Bill 2008 Clause 53
Criminal and other proceedings Part 7
(4) The court may require that compliance reports or aspects of compliance 1
reports be made public, and may specify the form, manner and 2
frequency in which they are to be made public. 3
(5) The court may only make a supervisory intervention order if it is 4
satisfied that the order is capable of improving the offender's ability or 5
willingness to comply with this Act, having regard to: 6
(a) the offences of which the offender has been previously found 7
guilty, and 8
(b) the offences for which the offender has been proceeded against 9
by way of penalty notices, and 10
(c) any other offences or other matters that the court considers to be 11
relevant to the conduct of the offender in connection with the 12
transport of dangerous goods. 13
(6) The order may direct that any other penalty or sanction imposed for the 14
offence by the court is suspended until the court determines that there 15
has been a substantial failure to comply with the order. 16
(7) A court that has power to make supervisory intervention orders may 17
revoke or amend a supervisory intervention order on the application of: 18
(a) the Competent Authority that applied for the order, or 19
(b) the offender, but only if the court is satisfied that there has been 20
a change of circumstances warranting revocation or amendment. 21
(8) For the purposes of subsections (1) and (5), if a person has committed 22
at least one offence against this Act or the regulations, the court may 23
treat any offences that the person has committed against any 24
corresponding law as if they had also been committed against this Act. 25
(9) A person who contravenes an order under this section is guilty of an 26
offence. 27
Maximum penalty: 500 penalty units or imprisonment for 2 years, or 28
both, for an individual or 2,500 penalty units for a body corporate. 29
(10) In this section: 30
compliance report, in relation to an offender in respect of whom a 31
supervisory intervention order is made, means a report relating to: 32
(a) the performance of the offender in complying with: 33
(i) this Act and the regulations or provisions of this Act or the 34
regulations specified in the order, and 35
(ii) the requirements of the order, and 36
(b) without limiting the above: 37
(i) things done by the offender to ensure that any failure by 38
the offender to comply with this Act and the regulations or 39
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Clause 54 Dangerous Goods (Road and Rail Transport) Bill 2008
Part 7 Criminal and other proceedings
the specified provisions of this Act or the regulations does 1
not continue, and 2
(ii) the results of those things having been done. 3
intelligent transport system means a system involving the use of 4
electronic or other technology (whether located in or on a vehicle, or on 5
or near a road or rail, or elsewhere) that has the capacity and capability 6
to monitor, collect, store, display, analyse, transmit or report 7
information relating to: 8
(a) a vehicle or its equipment or load, the driver of a vehicle, the 9
operator of a fleet of vehicles or another person involved in road 10
or rail transport, and 11
(b) without limiting the above, whether a vehicle is being operated in 12
conformity with this Act and the regulations and any 13
authorisation issued under this Act. 14
54 Prohibiting a person from involvement in the dangerous goods transport 15
industry 16
(1) In sentencing an offender for an offence, a court may, having regard to 17
the matters referred to in subsection (2) and to such other matters as it 18
thinks fit, order that the offender be prohibited for a specified period 19
from involvement in the transport of dangerous goods by road or rail. 20
(2) The matters to which a court must have regard are: 21
(a) the offender's record in the transport of dangerous goods by road 22
or rail, and 23
(b) any prior convictions of the offender relating to dangerous goods, 24
and 25
(c) the circumstances surrounding the commission of the offence for 26
which the offender is being sentenced. 27
(3) A person who contravenes an order under this section is guilty of an 28
offence. 29
Maximum penalty: 500 penalty units or imprisonment for 2 years, or 30
both, for an individual or 2,500 penalty units for a body corporate. 31
55 Forfeiture 32
(1) If: 33
(a) a person is convicted by a court of an offence in relation to 34
dangerous goods, and 35
(b) the person owns the goods or the owner cannot be identified, 36
the court may, in addition to imposing any other penalty, order the 37
dangerous goods and their container to be forfeited to the Crown. 38
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Dangerous Goods (Road and Rail Transport) Bill 2008 Clause 56
Criminal and other proceedings Part 7
(2) Dangerous goods and containers forfeited to the Crown may be 1
destroyed, sold or otherwise disposed of as directed by a Competent 2
Authority. 3
(3) The person must pay to the Crown the reasonable costs of destruction, 4
sale or other disposal. 5
56 Orders for costs, expenses and compensation at time offence proved 6
(1) The court may, if it appears to the court that: 7
(a) a public authority has incurred costs and expenses in connection 8
with an incident that relates to the transport of dangerous goods 9
by road or rail being an incident: 10
(i) wholly or partly constituted by or arising from: 11
(A) the escape of dangerous goods, or 12
(B) an explosion or fire involving dangerous goods, or 13
(ii) that involves the danger of the escape of dangerous goods 14
or an explosion or fire involving dangerous goods, or 15
(b) a person (including a public authority) has, by reason of the 16
commission of the offence, suffered loss of or damage to property 17
or has incurred costs and expenses in preventing or mitigating, or 18
in attempting to prevent or mitigate, any such loss or damage, 19
order the offender to pay to the public authority or person the costs and 20
expenses so incurred, or compensation for the loss or damage so 21
suffered, as the case may be, in such amount as is fixed by the order. 22
(2) An order made by the Land and Environment Court under subsection 23
(1) is enforceable as if it were an order made by the Court in Class 4 24
proceedings under the Land and Environment Court Act 1979. 25
(3) A Local Court may not make an order under subsection (1) for the 26
payment of an amount that exceeds the amount for which an order may 27
be made by the court when exercising jurisdiction under the Civil 28
Procedure Act 2005. An order made by the court is enforceable as if it 29
were an order made by the court when exercising jurisdiction under that 30
Act. 31
57 Recovery of costs, expenses and compensation after offence proved 32
(1) If, after the court finds the offence proved: 33
(a) a public authority has incurred costs and expenses in connection 34
with an incident that relates to the transport of dangerous goods 35
by road or rail being an incident: 36
(i) wholly or partly constituted by or arising from: 37
(A) the escape of dangerous goods, or 38
Page 37
Clause 58 Dangerous Goods (Road and Rail Transport) Bill 2008
Part 7 Criminal and other proceedings
(B) an explosion or fire involving dangerous goods, or 1
(ii) that involves the danger of the escape of dangerous goods 2
or an explosion or fire involving dangerous goods, or 3
(b) a person (including a public authority) has, by reason of the 4
commission of the offence, suffered loss of or damage to property 5
or has incurred costs and expenses in preventing or mitigating, or 6
in attempting to prevent or mitigate, any such loss or damage, 7
the person or public authority may recover from the offender the costs 8
and expenses incurred or the amount of the loss or damage in the Land 9
and Environment Court. 10
(2) The amount of any such costs and expenses (but not the amount of any 11
such loss or damage) may be recovered as a debt. 12
58 Recovery of costs from convicted person 13
(1) The court may order that an offender must pay to a Competent 14
Authority costs that: 15
(a) were reasonably incurred in taking that action, and 16
(b) are directly related to the investigation of the offence. 17
(2) Those costs include costs for testing, transporting, storing and disposing 18
of the dangerous goods and other evidence. 19
Division 3 General 20
59 Evidence 21
(1) If, in a prosecution for an offence against this Act or the regulations, an 22
authorised officer gives evidence that the authorised officer believes 23
any of the matters referred to in subsection (2), that evidence is 24
admissible and is prima facie evidence of those matters. 25
(2) The matters are: 26
(a) that dangerous goods described in shipping documents carried in 27
a vehicle are being carried in the vehicle, or 28
(b) that particular goods are dangerous goods or dangerous goods of 29
a particular type, or 30
(c) if markings or placards on or attached to a substance or packaging 31
indicate that the substance is or the packaging contains particular 32
dangerous goods--that the substance is or the packaging contains 33
those dangerous goods, or 34
(d) if markings on or attached to a package indicate that the package 35
contains particular dangerous goods--that the package contains 36
those dangerous goods, or 37
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Dangerous Goods (Road and Rail Transport) Bill 2008 Clause 59
Criminal and other proceedings Part 7
(e) if markings or placards on or attached to a vehicle or equipment 1
indicate that the vehicle or equipment is being used to transport 2
dangerous goods--that the vehicle or equipment is being used to 3
transport those dangerous goods, or 4
(f) if markings or placards on or attached to a substance or packaging 5
indicate, in relation to the substance, the packaging or the 6
contents of the packaging, a particular capacity, tare weight, 7
origin, character, specification, ownership or date of 8
manufacture--that the substance, the packaging or the contents 9
of the packaging has that capacity, tare weight, origin, character, 10
specification, ownership or date of manufacture, or 11
(g) if markings or placards on or attached to a package indicate, in 12
relation to the contents of the package, a particular capacity, tare 13
weight, origin, character, specification, ownership or date of 14
manufacture--that the contents of the package has that capacity, 15
tare weight, origin, character, specification, ownership or date of 16
manufacture, or 17
(h) if markings or placards on or attached to, a vehicle or packaging 18
indicate, in relation to the load of the vehicle or the contents of 19
the packaging, a particular quantity of dangerous goods--that the 20
vehicle or packaging contained that quantity of dangerous goods, 21
or 22
(i) that a person was not, at a particular time, accredited or the holder 23
of a licence relating to dangerous goods. 24
(3) A court may admit the following documents as evidence if they appear 25
to be signed by a Competent Authority or by a person exercising powers 26
delegated by a Competent Authority for the relevant purpose: 27
(a) documents relating to whether a person is exempt from certain 28
requirements under section 42, 29
(b) documents relating to vehicles, equipment or other items 30
required by the regulations to be approved by a Competent 31
Authority, 32
(c) documents relating to accreditation or licensing by a Competent 33
Authority. 34
Page 39
Clause 60 Dangerous Goods (Road and Rail Transport) Bill 2008
Part 7 Criminal and other proceedings
60 Evidence regarding weighing 1
For the purposes of this Act, evidence of a record made by: 2
(a) the operator of a weighbridge or weighing facility, or 3
(b) an employee of the operator of the weighbridge or weighing 4
facility, 5
of the mass of a vehicle transporting dangerous goods or a container 6
containing dangerous goods weighed at the weighbridge or facility is 7
admissible in any proceedings and is prima facie evidence of the mass 8
of the vehicle or container at the time it was weighed. 9
61 Transport documentation 10
(1) Transport documentation is admissible in any proceedings under or for 11
the purposes of this Act and is prima facie evidence of: 12
(a) the identity and status of the parties to the transaction to which it 13
relates, and 14
(b) the destination or intended destination of the load to which it 15
relates. 16
(2) The reference in subsection (1) to the status of parties includes a 17
reference to their status in respect of their involvement in the transport 18
of dangerous goods. 19
62 Proof of appointments and signatures unnecessary 20
(1) For the purposes of this Act, it is not necessary to prove the appointment 21
of an authorised officer. 22
(2) For the purposes of this Act, a signature purporting to be the signature 23
of an authorised officer is evidence of the signature it purports to be. 24
63 Use of codes of practice etc in proceedings 25
(1) This section applies to a code of practice, guideline or other document 26
that is approved by the Australian Transport Council for the purpose of 27
providing practical guidance to people engaged in the transport of 28
dangerous goods by road or rail. 29
(2) If: 30
(a) in proceedings against a person for an offence, it is alleged that a 31
person contravened a provision of this Act or the regulations, and 32
(b) a code of practice, guideline or other document to which this 33
section applies specifies a means of complying with the provision 34
or with a requirement of the provision, and 35
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Dangerous Goods (Road and Rail Transport) Bill 2008 Clause 63
Criminal and other proceedings Part 7
(c) either: 1
(i) the code of practice, guideline or other document has been 2
published in the Gazette, or 3
(ii) copies of the code of practice, guideline or other document 4
are available for purchase or inspection within this State, 5
then: 6
(d) the code of practice, guideline or other document is admissible in 7
the proceedings, and 8
(e) if the court is satisfied that, at the relevant time, the person acted 9
in accordance with the code of practice, guideline or other 10
document, the person is taken to have complied with the 11
provision or requirement. 12
Page 41
Clause 64 Dangerous Goods (Road and Rail Transport) Bill 2008
Part 8 Miscellaneous
Part 8 Miscellaneous 1
64 Act to bind Crown 2
This Act binds the Crown in right of New South Wales and, in so far as 3
the legislative power of the Parliament of New South Wales permits, the 4
Crown in all its other capacities. 5
65 Protection from liability 6
(1) An authorised officer does not incur civil liability for an act or omission 7
done honestly and in good faith in the course of his or her duties. 8
(2) A liability that would, apart from this section, attach to an authorised 9
officer attaches instead to the Competent Authority that appointed the 10
authorised officer. 11
66 Confidentiality and disclosure of information 12
(1) This section applies to a person engaged or previously engaged in the 13
administration of this Act and (without limiting the foregoing) to: 14
(a) a person who is or was a delegate of a Competent Authority, or 15
(b) a person who is or was employed by, or engaged to provide 16
services to or on behalf of, a Competent Authority, or 17
(c) a person who is or was employed by, or engaged to provide 18
services to, a person or body engaged to provide services to a 19
Competent Authority. 20
(2) Except as provided by this section, a person to whom this section 21
applies must not disclose any information obtained by the person in 22
connection with the administration or execution of this Act, unless the 23
disclosure is made: 24
(a) as required or authorised by or under this or any other Act, or 25
(b) with the consent of the person from whom the information was 26
obtained, or 27
(c) in connection with the administration or execution of this Act, or 28
(d) to another Competent Authority or an authorised officer or a 29
police officer, or 30
(e) to a prescribed public authority of any jurisdiction, or 31
(f) to a public authority of any jurisdiction for law enforcement 32
purposes, or 33
(g) to a court or in connection with any legal proceedings, or 34
(h) in accordance with the regulations. 35
Maximum penalty: 5 penalty units. 36
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Dangerous Goods (Road and Rail Transport) Bill 2008 Clause 67
Miscellaneous Part 8
(3) A person to whom information has been disclosed under subsection (2) 1
for a purpose must not use that information for any other purpose. 2
Maximum penalty: 5 penalty units. 3
(4) A Competent Authority may, for law enforcement purposes, give a 4
record, device or other thing seized in accordance with this Part, or any 5
information obtained in accordance with this Part, to a public authority, 6
including a public authority of another jurisdiction. 7
(5) A Competent Authority may communicate any information concerning 8
the location, type and quantity of dangerous goods, which comes to its 9
knowledge in the exercise of its functions under this Act, to any person 10
or authority requiring the information to provide an emergency or 11
rescue service or some other lawful service. 12
(6) Nothing in this section prevents a Competent Authority providing 13
information to a corresponding authority about: 14
(a) any action taken by the Competent Authority under this Act, or 15
(b) any information obtained under this Act, including any 16
information contained in any records, devices or other things 17
inspected or seized under this Act. 18
(7) Nothing in this section prevents information from being used to enable 19
the Competent Authority to accumulate aggregate data and to enable it 20
to authorise use of the aggregate data for the purposes of research or 21
education. 22
(8) Nothing in this section authorises or permits the disclosure of 23
information that is a train safety record (within the meaning of Division 24
3 of Part 3 of the Rail Safety Act 2002). 25
67 Contracting out prohibited 26
A term of any contract or agreement that purports to exclude, limit or 27
modify the operation of this Act or the regulations or of any provision 28
of this Act or the regulations is void to the extent that it would otherwise 29
have that effect. 30
68 Recovery of costs of public authorities 31
(1) This section applies to an incident that relates to the transport of 32
dangerous goods by road or rail being an incident: 33
(a) wholly or partly constituted by or arising from: 34
(i) the escape of dangerous goods, or 35
(ii) an explosion or fire involving dangerous goods, or 36
(b) that involves the danger of the escape of dangerous goods or an 37
explosion or fire involving dangerous goods. 38
Page 43
Clause 69 Dangerous Goods (Road and Rail Transport) Bill 2008
Part 8 Miscellaneous
(2) If a public authority incurs costs as a result of the occurrence of an 1
incident to which this section applies, so much of the costs as were 2
reasonably incurred are recoverable as a debt due to the authority or to 3
the Crown by action in a court of competent jurisdiction. 4
(3) The costs are recoverable jointly or severally from the following people: 5
(a) the person who was the owner of the dangerous goods at the time 6
of the incident, 7
(b) the person who was in control or possession of the dangerous 8
goods at the time of the incident, 9
(c) the person who caused the incident, 10
(d) the person responsible, otherwise than as an employee, agent or 11
sub-contractor of another person, for the transport of the 12
dangerous goods by road or rail. 13
(4) Costs are not recoverable from a person who establishes that: 14
(a) the incident was due to the act or default of another person, and 15
(b) the person could not, exercising reasonable care, have prevented 16
the incident, and 17
(c) the incident was not attributable to an employee, agent or 18
sub-contractor of the person. 19
(5) The recovery of costs incurred by one public authority as a result of the 20
occurrence of an incident to which this section applies, including an 21
award or judgment in relation to those costs or expenses, does not 22
preclude the recovery of costs incurred by another public authority as a 23
result of the occurrence of the incident. 24
(6) This section does not affect a right to recover an amount in respect of 25
costs or expenses that exists apart from this section, but a public 26
authority is not entitled to recover, in respect of the same costs or 27
expenses, an amount under this section and an amount in proceedings 28
founded on other rights. 29
(7) In proceedings under this section, a document apparently signed by the 30
principal officer of the relevant public authority specifying details of the 31
costs reasonably incurred as a result of the occurrence of an incident to 32
which this section applies is, in the absence of evidence to the contrary, 33
proof of the matter so specified. 34
69 Assistance in emergencies or accidents 35
(1) A person does not incur civil liability for an act done honestly and in 36
good faith, and without any fee, charge or other reward, for the purpose 37
of assisting or attempting to assist in a situation in which an emergency 38
or accident involving dangerous goods occurs or is likely to occur. 39
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Dangerous Goods (Road and Rail Transport) Bill 2008 Clause 70
Miscellaneous Part 8
(2) Subsection (1) does not apply to a person whose act or omission was 1
wholly or partly the cause of the occurrence or likely occurrence. 2
(3) Subsection (1) applies to a public authority even though the authority 3
requires payment for a service provided in connection with the 4
occurrence or likely occurrence. 5
(4) This section does not apply to an authorised officer. 6
70 Minister to notify adoption of code etc 7
(1) If the regulations apply, adopt or incorporate provisions of a regulation, 8
code, standard or rule, the Minister must, as soon as practicable after the 9
regulations are made, publish in the Gazette a notice giving details of 10
places where the regulation, code, standard or rule may be obtained or 11
inspected. 12
(2) If: 13
(a) the regulations apply, adopt or incorporate provisions of a 14
regulation, code, standard or rule as in force from time to time, 15
and 16
(b) the regulation, code, standard or rule is amended or replaced, 17
the Minister must, as soon as practicable after the amendment or 18
replacement, publish in the Gazette a notice stating that the regulation, 19
code, standard or rule has been amended or replaced and giving details 20
of places where the amended or replaced regulation, code, standard or 21
rule may be obtained or inspected. 22
(3) A reference in this section to a code, standard or rule includes a 23
reference to one that is made outside Australia. 24
71 Delegation 25
The Minister may by instrument in writing delegate all or any of the 26
Minister's powers under this Act (other than powers under section 46 27
(Application orders and emergency orders) and this power of 28
delegation) or the regulations to a Competent Authority. 29
72 Savings, transitional and other provisions 30
Schedule 1 has effect. 31
73 Amendment of other Acts 32
The Acts set out in Schedule 2 are amended as set out in that Schedule. 33
74 Repeal 34
The Road and Rail Transport (Dangerous Goods) Act 1997 is repealed. 35
Page 45
Clause 75 Dangerous Goods (Road and Rail Transport) Bill 2008
Part 8 Miscellaneous
75 Review of Act 1
(1) The Minister is to review this Act to determine whether the policy 2
objectives of the Act remain valid and whether the terms of the Act 3
remain appropriate for securing those objectives. 4
(2) The review is to be undertaken as soon as possible after the period of 5
5 years from the date of assent to this Act. 6
(3) A report on the outcome of the review is to be tabled in each House of 7
Parliament within 12 months after the end of the period of 5 years. 8
Page 46
Dangerous Goods (Road and Rail Transport) Bill 2008
Savings, transitional and other provisions Schedule 1
Schedule 1 Savings, transitional and other 1
provisions 2
(Section 72) 3
Part 1 General 4
1 Savings and transitional regulations 5
(1) The regulations may contain provisions of a savings or transitional 6
nature consequent on the enactment of: 7
this Act 8
(2) Any such provision may, if the regulations so provide, take effect from 9
the date of assent to the Act concerned or a later date. 10
(3) To the extent to which any such provision takes effect from a date that 11
is earlier than the date of its publication in the Gazette, the provision 12
does not operate so as: 13
(a) to affect, in a manner prejudicial to any person (other than the 14
State or an authority of the State), the rights of that person 15
existing before the date of its publication, or 16
(b) to impose liabilities on any person (other than the State or an 17
authority of the State) in respect of anything done or omitted to 18
be done before the date of its publication. 19
Part 2 Provisions consequent on enactment of this 20
Act 21
2 Definition 22
In this Part, former Act means the Road and Rail Transport (Dangerous 23
Goods) Act 1997. 24
3 Authorised officers 25
(1) A person appointed as an authorised officer under the former Act and 26
holding that position immediately before the commencement of section 27
17 of this Act is taken to have been appointed as an authorised officer 28
under that section and the appointment is subject to the same conditions 29
as were imposed on the original appointment. 30
(2) An identification card issued to an authorised officer under the former 31
Act is taken to be an identification card issued under this Act until its 32
replacement under the Act, and may be used by the authorised officer 33
even though it refers to provisions of the former Act. 34
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Dangerous Goods (Road and Rail Transport) Bill 2008
Schedule 1 Savings, transitional and other provisions
(3) The functions conferred on an authorised officer by Division 2 of Part 1
4 of this Act extend to matters arising before the commencement of that 2
Division. 3
Page 48
Dangerous Goods (Road and Rail Transport) Bill 2008
Amendment of other Acts Schedule 2
Schedule 2 Amendment of other Acts 1
(Section 73) 2
2.1 Explosives Act 2003 No 39 3
Section 5 Act not to apply to transport of dangerous goods covered by 4
other scheme 5
Omit "Road and Rail Transport (Dangerous Goods) Act 1997". 6
Insert instead "Dangerous Goods (Road and Rail Transport) Act 2008". 7
2.2 Fines Act 1996 No 99 8
Schedule 1 Statutory provisions under which penalty notices issued 9
Omit the matter relating to the Road and Rail Transport (Dangerous Goods) 10
Act 1997. 11
Insert instead in appropriate order: 12
Dangerous Goods (Road and Rail Transport) Act 2008, 13
section 48 14
2.3 Industrial Relations Act 1996 No 17 15
Section 210 Freedom from victimisation 16
Insert after section 210 (1) (ib): 17
(ic) informs any person or body of, or gives evidence in 18
relation to, a breach or alleged breach of the Dangerous 19
Goods (Road and Rail Transport) Act 2008 or the 20
regulations under that Act (or a provision of a law of 21
another State or Territory that corresponds to that Act or 22
those regulations), or 23
2.4 Land and Environment Court Act 1979 No 204 24
[1] Section 17 Class 1--environmental planning and protection appeals 25
Insert at the end of section 17 (i): 26
, and 27
(j) appeals under section 35 (1) (a) or 45 (1) (a) of the 28
Dangerous Goods (Road and Rail Transport) Act 2008. 29
Page 49
Dangerous Goods (Road and Rail Transport) Bill 2008
Schedule 2 Amendment of other Acts
[2] Section 21 Class 5--environmental planning and protection summary 1
enforcement 2
Omit "section 39 (4) of the Road and Rail Transport (Dangerous Goods) Act 3
1997" from section 21 (da). 4
Insert instead "section 47 (5) of the Dangerous Goods (Road and Rail 5
Transport) Act 2008". 6
2.5 Law Enforcement (Powers and Responsibilities) Act 2002 7
No 103 8
Schedule 2 Search warrants under other Acts 9
Omit the matter relating to the Road and Rail Transport (Dangerous Goods) 10
Act 1997. 11
2.6 Maritime Services Act 1935 No 47 12
Section 38 Regulations 13
Omit "Road and Rail Transport (Dangerous Goods) Act 1997" from the 14
definition of dangerous goods in section 38 (4). 15
Insert instead "Dangerous Goods (Road and Rail Transport) Act 2008". 16
2.7 Pipelines Act 1967 No 90 17
Section 5 Application of Act 18
Omit "Road and Rail Transport (Dangerous Goods) Act 1997" from section 5 19
(1) (e). 20
Insert instead "Dangerous Goods (Road and Rail Transport) Act 2008". 21
Page 50
Dangerous Goods (Road and Rail Transport) Bill 2008
Amendment of other Acts Schedule 2
2.8 Protection of the Environment Administration Act 1991 1
No 60 2
Section 3 Definitions 3
Omit "Road and Rail Transport (Dangerous Goods) Act 1997" from the 4
definition of environment protection legislation in section 3 (1). 5
Insert instead in appropriate order "Dangerous Goods (Road and Rail 6
Transport) Act 2008". 7
2.9 Protection of the Environment Operations Act 1997 No 156 8
[1] Dictionary 9
Omit "railway locomotive" from the definition of plant. 10
Insert instead "unit of rolling stock". 11
[2] Dictionary 12
Insert in alphabetical order: 13
unit of rolling stock means a vehicle designed to run on rails, but 14
does not include a vehicle designed to operate both on and off 15
rails when the vehicle is not operating on rails. 16
2.10 Rail Safety Act 2002 No 96 17
Sections 102 (c) and 115 (a) 18
Omit "Road and Rail Transport (Dangerous Goods) Act 1997" wherever 19
occurring. 20
Insert instead "Dangerous Goods (Road and Rail Transport) Act 2008". 21
2.11 Road Transport (Safety and Traffic Management) Act 1999 22
No 20 23
Sections 8 (3) (g) (i) and 60 (1) (b) 24
Omit "Road and Rail Transport (Dangerous Goods) Act 1997" wherever 25
occurring. 26
Insert instead "Dangerous Goods (Road and Rail Transport) Act 2008". 27
Page 51
Dangerous Goods (Road and Rail Transport) Bill 2008
Amendment of other Acts Schedule 2
2.12 Transport Administration Act 1988 No 109 1
Section 88Y Obligations and rights under Occupational Health and 2
Safety Act 2000 and other legislation 3
Omit "Road and Rail Transport (Dangerous Goods) Act 1997" from 4
paragraph (c) of the definition of employer liability legislation in section 88Y 5
(3). 6
Insert instead "Dangerous Goods (Road and Rail Transport) Act 2008". 7
Page 52
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