DANGEROUS GOODS (ROAD AND RAIL TRANSPORT) ACT 2010
- Act 16 of 2010 - Royal Assent 17 September 2010Table of Provisions
Long TitlePART 1 - Preliminary
- 1 Short title
- 2 Commencement
- 3 Purpose
- 4 Definitions
- 4A Meaning of associate
- 4B Meaning of consign and consignor
- 4C Meaning of pack and packer
- 4D Meaning of load and loader
- 4E Meaning of operator
- 4F References to rolling stock
- 4G Meaning of qualified, fit or authorised to drive or to run an engine
- 4H Meaning of unattended vehicle and driver of disconnected trailer
- 4I Meaning of broken down, in relation to vehicles
- 4J Road and road-related areas
- 4K Examples
- 4L Notes
- 5 Binding the Crown
- 6 Application of Commonwealth Acts Interpretation Act
- 7 Scope of this Act
PART 2 - Regulations
- 8 Powers to make regulations and adoption of codes and standards
- 9 Penalties under the regulations
- 10 Applications for review
PART 3 - Competent Authorities and Authorised Officers Division 1 -
Appointment and arrangements- 11 Appointment of Competent Authorities
- 12 Appointment of authorised officers
- 13 Identity cards
- 14 Return of identity cards
- 15 Impersonating authorised officers
- 16 Competent Authority may delegate powers
- 17 Competent Authority may provide information to corresponding authority
- 18 Reciprocal powers of authorised officers
Division 2 - General powers road vehicles Subdivision 1 -
Application- 19 Application of Division Subdivision 2 - Directions in respect of road vehicles
- 20 Direction to stop road vehicle
- 21 Direction to move road vehicle
- 22 Direction to produce documents
- 23 Direction to move road vehicle in case of danger or obstruction
- 24 Direction to leave vehicle Subdivision 3 - Other powers in respect of road vehicles
- 25 Moving unattended road vehicle to enable exercise of other powers
- 26 Powers of authorised officers inspection
- 27 Powers of authorised officers searches
- 28 Moving unattended or broken down road vehicle where danger or obstruction
- 29 Powers of authorised officers immobilised road vehicle
- 30 Powers of authorised officers in emergencies
- 31 Authorisation not required for driving under this Division
Division 3 - Directions in respect of rolling stock and trains
Subdivision 1 - Application- 32 Application Subdivision 2 - Power to give directions in respect of rolling stock and trains
- 33 Powers of authorised officers rail operators
- 34 Powers of authorised officers train drivers
- 35 Powers of authorised officers others
- 36 Powers of authorised officers documents Subdivision 3 - Other powers in respect of trains
- 37 Powers of authorised officers inspection
- 38 Powers of authorised officers search
- 39 Powers of authorised officers immobilised train
- 40 Powers of authorised officers in emergencies
Division 4 - Powers to inspect and search premises Subdivision 1 -
Preliminary- 41 Application
- 42 Residential purposes Subdivision 2 - Power to search premises
- 43 Power to inspect premises
- 44 Power to search premises
Division 5 - Other directions
- 45 Direction to give name and other personal details
- 46 Direction to produce records, devices or other things
- 47 Direction to provide information
- 48 Direction to provide reasonable assistance for powers of inspection and search
Division 6 - Provisions regarding inspections and searches
- 49 Warrants
- 50 Use of assistants and equipment
- 51 Use of equipment to examine or process things
- 52 Use or seizure of electronic equipment
- 52A Sample-taking procedure
Division 7 - Other provisions regarding seizure
Division 8 - Miscellaneous
- 55 Limit on use of force
- 56 Consent
- 57 Manner of giving directions under this Part
- 58 Directions to state when to be complied with
- 59 Directions may be given under more than one provision
- 60 Restoring vehicle or premises to original condition after action taken
- 61 Self-incrimination no excuse
- 62 Providing evidence to other authorities
- 63 Obstructing or hindering authorised officers
PART 4 - Exemptions
- 64 Exemptions
- 65 Variation and cancellation of exemptions and conditions
- 66 Review of exemption &c.
- 67 Application orders and emergency orders
PART 5 - Offences and Penalties
- 68 Reserved
- 69 Failure to hold licence &c.
- 70 Goods too dangerous to be transported
- 71 Duties concerning transport of dangerous goods
PART 6 - General Administrative Sanctions Division 1 - Improvement
notices- 72 Improvement notices
- 73 Contravention of improvement notice
- 74 Amendment of improvement notices
- 75 Cancellation of improvement notices
- 76 Clearance certificates
Division 2 - Formal warnings
Division 3 - Infringement notices
- 79 Infringement notices
PART 7 - General Court-based Sanctions Division 1 - Proceedings for
offences- 80 Proceedings for offences
- 81 Proceedings for an offence may be brought by authorised officers
- 82 Period within which proceedings for offences may be commenced
Division 2 - Available sanctions
- 83 Sanctions imposed by courts
Division 3 - Fines
- 84 Reserved
Division 4 - Commercial benefits penalty orders
- 85 Commercial benefits penalty orders
Division 5 - Licensing and registration sanctions
Division 6 - Supervisory intervention orders
Division 7 - Exclusion orders
Division 8 - Forfeiture orders
- 92 Forfeiture
PART 8 - Compensation Orders Division 1 - Definitions
Division 2 - General compensation orders
- 94 Compensation orders for damage to rail or road infrastructure
- 95 Assessment of compensation
- 96 Service of certificates
- 97 Limits on amount of compensation
Division 3 - Costs compensation orders
- 98 Recovery of costs
Division 4 - Costs and recovery
- 99 Costs
- 100 Enforcement of compensation order and costs
- 101 Relationship with orders or awards of other courts and tribunals
PART 9 - General Liability and Evidentiary Provisions Division 1 -
Basis of liability for offences- 102 Multiple offenders
- 103 Double jeopardy
- 104 Liability of directors, partners, employers and others for offences by bodies corporate, partnerships, associations and employees
- 105 Complicity and common purpose (aiding and abetting)
- 106 Causing or permitting
- 107 Coercing, inducing or offering incentive
Division 2 - General defences
Division 3 - Special defences
Division 4 - General evidentiary provisions
- 113 Vicarious responsibility
- 114 Evidence
- 115 Evidence regarding weighing
- 116 Proof of appointments and signatures unnecessary
- 117 Transport documentation
- 118 Use of codes of practice &c. in proceedings
PART 10 - Prohibition Notices
- 119 Definition
- 120 Prohibition notice may be served
- 121 Prohibition notice
- 122 Contravention of prohibition notice
- 123 Oral direction may be given before prohibition notice is served
- 124 Withdrawal of prohibition notice
- 125 Amendment of prohibition notice
- 126 Proceedings for offence not affected by prohibition notice
PART 11 - Miscellaneous Division 1 - Indemnities
- 127 Protection from liability
- 128 Indemnity not affected by certain matters
- 129 Other indemnities not affected
Division 2 - General
- 130 Dismissal or other victimisation of employee or contractor assisting with or reporting breaches
- 131 Confidentiality
- 132 False or misleading statements or records provided to Authority or officials
- 133 Contracting out prohibited
- 134 Recovery of costs of public authorities
- 135 Assistance in emergencies or accidents
- 136 Minister to notify adoption of code &c.
- 137 Delegation
- 138 Administration of Act
- 139 Section 139
- 140 Legislation repealed
- 141 Legislation rescinded
- 142 Consequential amendments of regulations do not prevent their subsequent amendment SCHEDULE 1 SCHEDULE 2 SCHEDULE 3
[ Note: This table has been automatically generated and may be incomplete. ]