Victorian Bills Victorian Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Dangerous Goods Amendment (Transport) Bill
2008
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1 Purposes 1
2 Commencement 2
PART 2--AMENDMENT OF DANGEROUS GOODS ACT 1985 3
3 Principal Act 3
4 Definitions 3
5 Relationship of this Act to other statutory provisions 5
6 Application of Act 6
7 New section 9C 6
9C Ministerial order suspending or varying operation
of regulations 6
8 Adoption of ADG Code 7
9 New sections 10C, 10D and 10E 9
10C Provision of information to corresponding Authority 9
10D Restrictions on disclosure of information 9
10E Circumstances in which information may be disclosed 10
10 Places used for residential purposes 12
11 Which decisions are reviewable 12
12 Review by Tribunal 12
13 Licences 13
14 New section 21AA inserted 13
21AA Failure to hold licence and other offences relating
to the transport of dangerous goods 13
15 Review of decision of Authority 16
16 Conditions etc. in licences 16
17 Authority may amend, suspend or revoke licences 17
18 Review of licence revocations etc. 17
19 Person required to take precautions 17
20 New sections 31A, 31B and 31C 19
31A Goods too dangerous to be transported 19
31B Dangerous goods must be transported in safe manner 21
31C Aggravated offence 22
561197B.I-9/9/2008 i BILL LA INTRODUCTION 9/9/2008
Clause Page
21 New section 45C 23
45C Court may make order amending, suspending or
revoking licence 23
22 Court may order forfeiture 23
23 Court may impose additional penalty in lieu of forfeiture 24
24 Costs of seizure etc. recoverable from convicted person 24
25 Power to make regulations 24
26 New section 53 25
53 Transitional regulations 25
27 New Part X 25
PART X--SAVINGS AND TRANSITIONAL
PROVISIONS--DANGEROUS GOODS AMENDMENT
(TRANSPORT) ACT 2008 25
68 Definitions 25
69 Authorised officers 26
70 Notices 26
71 Application for review 26
72 Lawful conduct under previous law 27
73 Notice of prohibition 27
74 References to Road Transport (Dangerous Goods)
Act 1995 27
28 Schedule 2 28
PART 3--REPEAL OF ROAD TRANSPORT (DANGEROUS
GOODS) ACT 1995 30
Division 1--Repeal 30
29 Repeal of Road Transport (Dangerous Goods) Act 1995 30
Division 2--Consequential Amendments to Other Acts 30
30 Accident Compensation Act 1985 30
31 Melbourne City Link Act 1995 31
32 Occupational Health and Safety Act 2004 31
33 Radiation Act 2005 31
PART 4--REPEAL OF AMENDING ACT 32
34 Repeal of Amending Act 32
ENDNOTES 33
561197B.I-9/9/2008 ii BILL LA INTRODUCTION 9/9/2008
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Dangerous Goods Amendment
(Transport) Bill 2008
A Bill for an Act to amend the Dangerous Goods Act 1985, to repeal
the Road Transport (Dangerous Goods) Act 1995 and for other
purposes.
The Parliament of Victoria enacts:
PART 1--PRELIMINARY
1 Purposes
The main purposes of this Act are to--
(a) amend the Dangerous Goods Act 1985 to
5 facilitate the implementation of the primary
model law contained in the new national
legislative framework for the transport of
dangerous goods by road and rail having
regard to the statutory framework that exists
10 in Victoria; and
561197B.I-9/9/2008 1 BILL LA INTRODUCTION 9/9/2008
Dangerous Goods Amendment (Transport) Bill 2008
Part 1--Preliminary
s. 2
(b) make related amendments to the Dangerous
Goods Act 1985, including the alignment of
penalties for general duty offences with
those for similar offences relating to the
5 transport of dangerous goods; and
(c) repeal the Road Transport (Dangerous
Goods) Act 1995.
2 Commencement
(1) This Act comes into operation on a day or days to
10 be proclaimed.
(2) If a provision of this Act does not come into
operation before 1 January 2010, it comes into
operation on that day.
__________________
561197B.I-9/9/2008 2 BILL LA INTRODUCTION 9/9/2008
Dangerous Goods Amendment (Transport) Bill 2008
Part 2--Amendment of Dangerous Goods Act 1985
s. 3
PART 2--AMENDMENT OF DANGEROUS GOODS ACT 1985
3 Principal Act
In this Part, the Dangerous Goods Act 1985 is See:
Act No.
called the Principal Act. 10/89.
Reprint No. 7
as at
8 February
2008.
LawToday:
www.
legislation.
vic.gov.au
5 4 Definitions
(1) In section 3(1) of the Principal Act--
(a) insert the following definitions--
"combination, in relation to a vehicle, means
a road vehicle consisting of a motor
10 vehicle and one or more trailers;
corresponding Authority has the same
meaning as it has in section 5 of the
Occupational Health and Safety Act
2004;
15 livestock has the same meaning as it has in
section 3 of the Livestock Disease
Control Act 1994;
transport documentation means
documentation relating to the transport
20 of dangerous goods required by
regulations made under this Act;
unit of rolling stock means a vehicle
designed to run on rails and that is, in
fact, being operated or used on rails;";
561197B.I-9/9/2008 3 BILL LA INTRODUCTION 9/9/2008
Dangerous Goods Amendment (Transport) Bill 2008
Part 2--Amendment of Dangerous Goods Act 1985
s. 4
(b) for the definition of ADG Code substitute--
"ADG Code means the Australian Code for
the Transport of Dangerous Goods by
Road and Rail (Seventh edition or
5 subsequent edition) as in force from
time to time in accordance with
section 10;";
(c) in paragraph (b)(ii) of the definition of
dangerous goods for "61" substitute "60";
10 (d) after paragraph (b)(iia) of the definition of
dangerous goods insert--
"(iib) any goods defined under the ADG
Code or the regulations to be goods too
dangerous to be transported; and";
15 (e) for the definition of vehicle substitute--
"vehicle means any means of transport by
land and includes a trailer, a semi-
trailer, a combination and a unit of
rolling stock.".
20 (2) After section 3(3) of the Principal Act insert--
"(4) For the purposes of this Act, involvement in
the transport of dangerous goods includes
any of the following--
(a) importing, or arranging for the
25 importation of, dangerous goods into
Australia;
(b) packing dangerous goods for transport;
(c) marking or labelling packages
containing dangerous goods for
30 transport;
(d) placarding containers and vehicles in
which dangerous goods are transported;
561197B.I-9/9/2008 4 BILL LA INTRODUCTION 9/9/2008
Dangerous Goods Amendment (Transport) Bill 2008
Part 2--Amendment of Dangerous Goods Act 1985
s. 5
(e) consigning dangerous goods for
transport, including the preparation of
transport documentation;
(f) loading dangerous goods onto a
5 vehicle, or into a container that is to be
put on a vehicle, for transport;
(g) unloading dangerous goods that have
been transported;
(h) driving a vehicle carrying dangerous
10 goods;
(i) being the consignee of dangerous goods
that are transported;
(j) undertaking, or being responsible for,
the transport of dangerous goods,
15 otherwise than as an employee or
sub-contractor;
(k) being involved as a director, secretary
or manager of a body corporate, or
other person who takes part in the
20 management of the body corporate, that
takes part in an activity included in this
subsection.".
5 Relationship of this Act to other statutory provisions
After section 8(1) of the Principal Act insert--
25 "(2) Unless the contrary intention appears in any
regulation, licence, permit, transport
certificate, State environmental protection
policy or waste management policy made,
issued or declared under the Environment
30 Protection Act 1970, the provisions of this
Act do not apply to--
(a) the transport of prescribed waste or
prescribed industrial waste for which a
permit or a transport certificate under
561197B.I-9/9/2008 5 BILL LA INTRODUCTION 9/9/2008
Dangerous Goods Amendment (Transport) Bill 2008
Part 2--Amendment of Dangerous Goods Act 1985
s. 6
Part 9A of the Environment
Protection Act 1970 is required; or
(b) the transport of waste undertaken in
accordance with the requirements of
5 any national environment protection
measure made under the National
Environment Protection Council
(Victoria) Act 1995.".
6 Application of Act
10 After section 9(eb) of the Principal Act insert--
"(ec) any culture or preparation of pathogenic
micro-organisms or other material capable of
causing disease in livestock or plants;
Note
15 The regulation of material capable of causing disease
in livestock or plants is provided, respectively, in the
Livestock Disease Control Act 1994 and the Plant
Health and Plant Products Act 1995.
(ed) a genetically modified organism or GMO as
20 defined in the Gene Technology Act 2001;".
7 New section 9C
After section 9B of the Principal Act insert--
'9C Ministerial order suspending or varying
operation of regulations
25 (1) The Minister may, by an order published in
the Government Gazette, order that the
operation of any regulations under this Act
relating to the transport of dangerous goods,
other than explosives or HCDG, or the
30 operation of specified parts of such
regulations--
(a) is suspended for a specified period; or
(b) is varied in a manner specified in the
order.
561197B.I-9/9/2008 6 BILL LA INTRODUCTION 9/9/2008
Dangerous Goods Amendment (Transport) Bill 2008
Part 2--Amendment of Dangerous Goods Act 1985
s. 8
(2) An order may have effect in relation to the
whole of Victoria or to a specified area.
(3) On or before the 6th sitting day after the
order is published in the Government
5 Gazette, the Minister must ensure that a copy
of the order is laid before each House of the
Parliament.
(4) A failure to comply with subsection (3) does
not affect the operation or effect of the order
10 but the Scrutiny of Acts and Regulations
Committee of the Parliament may report the
failure to each House of Parliament.
(5) An order may be disallowed in whole or in
part by either House of Parliament.
15 (6) Part 5 of the Subordinate Legislation Act
1994 applies to an order as if--
(a) a reference in that Part to a "statutory
rule" were a reference to the order; and
(b) a reference in section 23(1)(c) of that
20 Part to "section 15(1)" were a reference
to subsection (3).'.
8 Adoption of ADG Code
(1) For section 10(1) of the Principal Act
substitute--
25 "(1) Without limiting the generality of section
52(3)(c), any regulation made under this Act
may incorporate or adopt by reference the
provisions of the Australian Code for the
Transport of Dangerous Goods by Road and
30 Rail (Seventh edition or subsequent edition)
wholly or partially or as amended by the
regulation.
561197B.I-9/9/2008 7 BILL LA INTRODUCTION 9/9/2008
Dangerous Goods Amendment (Transport) Bill 2008
Part 2--Amendment of Dangerous Goods Act 1985
s. 8
(1A) A reference to a provision of the Australian
Code for the Transport of Dangerous Goods
by Road and Rail (Seventh edition or
subsequent edition) is to be read as a
5 reference to that provision as in force from
time to time.
(1B) For the purposes of subsection (1A) and
subject to subsection (1C), an amendment to
a provision of the Australian Code for the
10 Transport of Dangerous Goods by Road and
Rail (Seventh edition or subsequent edition)
is in force--
(a) from the date notice of the amendment
is published in the Government Gazette
15 by the Authority; or
(b) a later date determined by the Authority
and specified in the notice.
(1C) If--
(a) the effect of the amendment is to
20 impose a new obligation or to alter an
existing obligation under the
regulations; and
(b) the Authority has not determined a later
date under subsection (1B)(b);
25 a person may choose to comply with the
regulations as if the amendment had not been
made until 6 months after the date the
amendment is notified under
subsection (1B).".
30 (2) In section 10(2) of the Principal Act for "or the
regulations any" substitute "a".
561197B.I-9/9/2008 8 BILL LA INTRODUCTION 9/9/2008
Dangerous Goods Amendment (Transport) Bill 2008
Part 2--Amendment of Dangerous Goods Act 1985
s. 9
9 New sections 10C, 10D and 10E
After section 10B of the Principal Act insert--
"10C Provision of information to corresponding
Authority
5 Subject to the Information Privacy Act
2000, the Authority may provide information
to a corresponding Authority about--
(a) any action taken by the Authority under
this Act; or
10 (b) any information obtained under this
Act, including any information
contained in any records, devices or
other things inspected or seized under
this Act.
15 10D Restrictions on disclosure of information
(1) This section applies to a person who is or has
been--
(a) a member of the Authority's Board of
Management; or
20 (b) appointed for the purpose of this Act by
the Authority; or
(c) engaged as a member of the Authority's
staff; or
(d) authorised to perform a function or
25 exercise a power of, or on behalf of, the
Authority.
(2) Subject to section 10E, a person to whom
this section applies must not, except to the
extent necessary to perform official duties or
30 to perform a function or exercise a power of,
or on behalf of, the Authority--
561197B.I-9/9/2008 9 BILL LA INTRODUCTION 9/9/2008
Dangerous Goods Amendment (Transport) Bill 2008
Part 2--Amendment of Dangerous Goods Act 1985
s. 9
(a) directly or indirectly make a record of
or disclose to any other person any
information acquired by the person by
virtue of being a person to whom this
5 section applies; or
(b) make use of any such information for
any purpose other than--
(i) the performance of official duties;
or
10 (ii) the performance of a function or
exercise of a power of, or on
behalf of, the Authority.
Penalty: 100 penalty units.
10E Circumstances in which information may
15 be disclosed
(1) Nothing in section 10D precludes a person
from doing any of the following--
(a) producing a document to a court in the
course of criminal proceedings;
20 (b) producing a document to a court or the
Tribunal in the course of proceedings
under this Act;
(c) disclosing to a court in the course of
criminal proceedings, or to a court or
25 the Tribunal in the course of
proceedings under this Act, any matter
or thing arising under this Act or
coming to the notice of the person--
(i) in the performance of official
30 duties; or
(ii) in the performance of a function
or exercise of a power of, or on
behalf of, the Authority;
561197B.I-9/9/2008 10 BILL LA INTRODUCTION 9/9/2008
Dangerous Goods Amendment (Transport) Bill 2008
Part 2--Amendment of Dangerous Goods Act 1985
s. 9
(d) producing a document or disclosing
information with respect to a matter or
thing arising under this Act to any of
the following--
5 (i) the Secretary to the Department of
Treasury and Finance;
(ii) a corresponding Authority;
(iii) an authority, department or public
body, within the meaning of the
10 Financial Management Act
1994, that has functions in relation
to particular matters relating to
occupational health and safety or
dangerous goods arising under
15 this or another Act;
(iv) a committee of the Parliament;
(v) a person or body approved (in
writing) by the Governor in
Council for the purposes of this
20 section;
(e) producing a document or disclosing
information that is required or
permitted by or under this or another
Act to be produced or disclosed (as the
25 case may be).
(2) The Minister must cause a report of requests
for the approval of persons or bodies by the
Governor in Council under subsection
(1)(d)(v) to be laid before each House of the
30 Parliament within 14 sitting days of that
House after 30 June in each year.
561197B.I-9/9/2008 11 BILL LA INTRODUCTION 9/9/2008
Dangerous Goods Amendment (Transport) Bill 2008
Part 2--Amendment of Dangerous Goods Act 1985
s. 10
(3) The report must include the following
matters in respect of each request--
(a) the name of the person sought to be
approved;
5 (b) the reason for the request;
(c) the date of the request;
(d) whether the request was approved or
refused.".
10 Places used for residential purposes
10 After section 16(2) of the Principal Act insert--
"(3) For the purposes of subsection (1), a place is
not being used for residential purposes
merely because temporary or casual sleeping
or other accommodation is provided in the
15 place for vehicle drivers.
Example
The sleeping area in the rear of a truck's cabin is not a
place being used for residential purposes.".
11 Which decisions are reviewable
20 After section 20(1) of the Principal Act insert--
"(1A) In addition, regulations made under this Act
may specify that a decision made by the
Authority under a prescribed provision of
those regulations is a reviewable decision
25 and specify who is an eligible person in
relation to the decision.".
12 Review by Tribunal
(1) After section 20B(1) of the Principal Act insert--
"(1A) However, a person may only apply to the
30 Tribunal for a review of a reviewable
decision made by the Authority under the
regulations if--
561197B.I-9/9/2008 12 BILL LA INTRODUCTION 9/9/2008
Dangerous Goods Amendment (Transport) Bill 2008
Part 2--Amendment of Dangerous Goods Act 1985
s. 13
(a) the person is an eligible person in
relation to the reviewable decision; and
(b) a review has been conducted in the
prescribed manner by the Authority as a
5 result of which--
(i) the reviewable decision has been
confirmed; or
(ii) an earlier decision has been set
aside and the reviewable decision
10 has been made in place of the
earlier decision.".
(2) After section 20B(2)(a) of the Principal Act
insert--
"(ab) if the decision is made under the regulations,
15 within 14 days after the person received
notice of the confirmation of the decision or
the new decision, as the case may be; or".
13 Licences
In section 21(2) of the Principal Act, after "action"
20 insert "(other than an action to which
section 21AA(9) refers)".
14 New section 21AA inserted
After section 21 of the Principal Act insert--
"21AA Failure to hold licence and other offences
25 relating to the transport of dangerous
goods
(1) This section does not apply in relation to a
HCDG licence or an explosives licence.
(2) A prime contractor must not use a vehicle to
30 transport dangerous goods (other than as the
driver of the vehicle) if--
(a) the regulations require the vehicle to be
licensed to transport the goods; and
561197B.I-9/9/2008 13 BILL LA INTRODUCTION 9/9/2008
Dangerous Goods Amendment (Transport) Bill 2008
Part 2--Amendment of Dangerous Goods Act 1985
s. 14
(b) the vehicle is not licensed under the
regulations.
Penalty: If the failure results in death or
serious injury to a person--
5 (a) in the case of an individual,
500 penalty units or
imprisonment for 2 years; or
(b) in the case of a body
corporate, 2500 penalty
10 units.
In any other case--
(c) in the case of an individual,
500 penalty units; or
(d) in the case of a body
15 corporate, 2500 penalty
units.
(3) For the purposes of subsection (2), prime
contractor, in respect of the transport of
dangerous goods by road, means the person
20 who, in conducting a business for or
involving the transport of dangerous goods
by road, has undertaken to be responsible
for, or is responsible for, the transport of the
goods by road.
25 (4) An offence against subsection (2) is an
indictable offence.
Note
However, the offence may be heard and determined
summarily (see section 53 of, and Schedule 4 to, the
30 Magistrates' Court Act 1989).
561197B.I-9/9/2008 14 BILL LA INTRODUCTION 9/9/2008
Dangerous Goods Amendment (Transport) Bill 2008
Part 2--Amendment of Dangerous Goods Act 1985
s. 14
(5) A person must not consign dangerous goods
for transport by road on a vehicle if the
person knows, or reasonably ought to know
that--
5 (a) the regulations require the vehicle to be
licensed to transport the goods; and
(b) the vehicle is not licensed under the
regulations.
Penalty: In the case of a natural person,
10 100 penalty units;
In the case of a body corporate,
500 penalty units.
(6) A person must not employ, engage or permit
another person to drive a vehicle transporting
15 dangerous goods if the other person is
required by the regulations to be licensed to
drive the vehicle and is not so licensed.
Penalty: If the failure results in death or
serious injury to a person--
20 (a) in the case of an individual,
500 penalty units or
imprisonment for 2 years; or
(b) in the case of a body
corporate, 2500 penalty
25 units.
In any other case--
(c) in the case of an individual,
500 penalty units; or
(d) in the case of a body
30 corporate, 2500 penalty
units.
561197B.I-9/9/2008 15 BILL LA INTRODUCTION 9/9/2008
Dangerous Goods Amendment (Transport) Bill 2008
Part 2--Amendment of Dangerous Goods Act 1985
s. 15
(7) An offence against subsection (6) is an
indictable offence.
Note
However, the offence may be heard and determined
5 summarily (see section 53 of, and Schedule 4 to, the
Magistrates' Court Act 1989).
(8) A person must not drive a vehicle
transporting dangerous goods if--
(a) the regulations require the vehicle to be
10 licensed to transport the goods; and
(b) the vehicle is not licensed under the
regulations.
Penalty: 100 penalty units.
(9) A person must not drive a vehicle
15 transporting dangerous goods if--
(a) the regulations require the person to be
licensed to drive the vehicle; and
(b) the person is not licensed under the
regulations.
20 Penalty: 100 penalty units.".
15 Review of decision of Authority
After section 22(2) of the Principal Act insert--
"(3) This section does not apply in relation to a
decision of the Authority under the
25 regulations which is prescribed by the
regulations to be a reviewable decision.".
16 Conditions etc. in licences
After section 23(4) of the Principal Act insert--
"(5) Subsections (3) and (4) do not apply in
30 relation to a decision of the Authority under
the regulations which is prescribed by the
regulations to be a reviewable decision.".
561197B.I-9/9/2008 16 BILL LA INTRODUCTION 9/9/2008
Dangerous Goods Amendment (Transport) Bill 2008
Part 2--Amendment of Dangerous Goods Act 1985
s. 17
17 Authority may amend, suspend or revoke licences
After section 24(1) of the Principal Act insert--
"(1A) Without limiting the power of the Authority
under subsection (1), the regulations may
5 prescribe grounds on which the Authority
may, or must, amend, suspend or revoke a
licence.".
18 Review of licence revocations etc.
After section 25(2) of the Principal Act insert--
10 "(3) This section does not apply in relation to a
decision of the Authority under the
regulations which is prescribed by the
regulations to be a reviewable decision.".
19 Person required to take precautions
15 (1) In sections 31(1)(a) and 31(1)(b) of the Principal
Act for "shall" substitute "must".
(2) At the foot of section 31(1) of the Principal Act
insert--
"Penalty: If the failure results in death or serious
20 injury to a person--
(a) in the case of an individual,
500 penalty units or imprisonment
for 2 years; or
(b) in the case of a body corporate,
25 2500 penalty units.
In any other case--
(c) in the case of an individual,
500 penalty units; or
(d) in the case of a body corporate,
30 2500 penalty units.".
561197B.I-9/9/2008 17 BILL LA INTRODUCTION 9/9/2008
Dangerous Goods Amendment (Transport) Bill 2008
Part 2--Amendment of Dangerous Goods Act 1985
s. 19
(3) In section 31(2) of the Principal Act for "shall"
substitute "must".
(4) At the foot of section 31(2) of the Principal Act
insert--
5 "Penalty: If the failure results in death or serious
injury to a person--
(a) in the case of an individual,
500 penalty units or imprisonment
for 2 years; or
10 (b) in the case of a body corporate,
2500 penalty units.
In any other case--
(c) in the case of an individual,
500 penalty units; or
15 (d) in the case of a body corporate,
2500 penalty units.".
(5) In section 31(4) of the Principal Act for "shall"
substitute "must".
(6) At the foot of section 31(4) of the Principal Act
20 insert--
"Penalty: If the failure results in death or serious
injury to a person--
(a) in the case of an individual,
500 penalty units or imprisonment
25 for 2 years; or
(b) in the case of a body corporate,
2500 penalty units.
In any other case--
(c) in the case of an individual,
30 500 penalty units; or
(d) in the case of a body corporate,
2500 penalty units.".
561197B.I-9/9/2008 18 BILL LA INTRODUCTION 9/9/2008
Dangerous Goods Amendment (Transport) Bill 2008
Part 2--Amendment of Dangerous Goods Act 1985
s. 20
(7) After section 31(4) of the Principal Act insert--
"(5) An offence against subsection (1), (2) or (4)
is an indictable offence.
Note
5 However, the offence may be heard and determined
summarily (see section 53 of, and Schedule 4 to, the
Magistrates' Court Act 1989).".
20 New sections 31A, 31B and 31C
After section 31 of the Principal Act insert--
10 "31A Goods too dangerous to be transported
(1) A person must not consign goods for
transport if the goods are classified by the
regulations as goods too dangerous to be
transported.
15 Penalty: If the failure results in death or
serious injury to a person--
(a) in the case of an individual,
500 penalty units or
imprisonment for 2 years; or
20 (b) in the case of a body
corporate, 2500 penalty
units.
In any other case--
(c) in the case of an individual,
25 500 penalty units; or
(d) in the case of a body
corporate, 2500 penalty
units.
561197B.I-9/9/2008 19 BILL LA INTRODUCTION 9/9/2008
Dangerous Goods Amendment (Transport) Bill 2008
Part 2--Amendment of Dangerous Goods Act 1985
s. 20
(2) A person must not arrange for the
transportation of goods on a vehicle owned
or controlled by the person if the goods are
classified by the regulations as goods too
5 dangerous to be transported.
Penalty: If the failure results in death or
serious injury to a person--
(a) in the case of an individual,
500 penalty units or
10 imprisonment for 2 years; or
(b) in the case of a body
corporate, 2500 penalty
units.
In any other case--
15 (c) in the case of an individual,
500 penalty units; or
(d) in the case of a body
corporate, 2500 penalty
units.
20 (3) An offence against subsection (1) or (2) is an
indictable offence.
Note
However, the offence may be heard and determined
summarily (see section 53 of, and Schedule 4 to, the
25 Magistrates' Court Act 1989).
(4) For the purposes of subsection (1), the
person who consigns goods for transport is--
(a) the person named or otherwise
identified in transport documentation,
30 with the person's authority, as the
consignor of the goods; or
(b) if no person is so named or identified,
the person to whom subsection (5) or
(6) applies.
561197B.I-9/9/2008 20 BILL LA INTRODUCTION 9/9/2008
Dangerous Goods Amendment (Transport) Bill 2008
Part 2--Amendment of Dangerous Goods Act 1985
s. 20
(5) This subsection applies to--
(a) the person who engages a prime
contractor or rail operator, either
directly or through an agent or other
5 intermediary, to transport the goods; or
(b) if paragraph (a) does not apply to
anyone, the person who has possession
of, or control over, the goods
immediately before the goods are
10 transported; or
(c) if neither paragraph (a) nor (b) applies
to anyone, the person who loads a
vehicle with the goods, for transport, at
a place--
15 (i) where the dangerous goods are
awaiting collection; and
(ii) that is unattended (except by the
driver) during loading.
(6) If subsection (5) does not apply to anyone,
20 this subsection applies to the person who
imports the goods into Australia.
31B Dangerous goods must be transported in
safe manner
(1) A person involved in the transport of
25 dangerous goods (other than HCDG which
do not have a UN number or explosives) by
road or rail must, as far as is practicable,
ensure that the dangerous goods are
transported in a safe manner.
30 Penalty: If the failure results in death or
serious injury to a person--
(a) in the case of an individual,
500 penalty units or
imprisonment for 2 years; or
561197B.I-9/9/2008 21 BILL LA INTRODUCTION 9/9/2008
Dangerous Goods Amendment (Transport) Bill 2008
Part 2--Amendment of Dangerous Goods Act 1985
s. 20
(b) in the case of a body
corporate, 2500 penalty
units.
In any other case--
5 (c) in the case of an individual,
500 penalty units; or
(d) in the case of a body
corporate, 2500 penalty
units.
10 (2) An offence against subsection (1) is an
indictable offence.
Note
However, the offence may be heard and determined
summarily (see section 53 of, and Schedule 4 to, the
15 Magistrates' Court Act 1989).
31C Aggravated offence
(1) A person must not fail to comply with a
relevant provision of this Act in
circumstances in which, immediately before
20 or during the failure to comply with the
provision, the person knew, or ought
reasonably to have known, that the failure
would, or would be likely to, endanger the
safety or health of another person, property
25 or the environment.
Penalty: In the case of a natural person,
1000 penalty units or
imprisonment for 4 years;
In the case of a body corporate,
30 5000 penalty units.
(2) For the purposes of subsection (1), relevant
provision means--
(a) section 31, 31A or 31B; or
561197B.I-9/9/2008 22 BILL LA INTRODUCTION 9/9/2008
Dangerous Goods Amendment (Transport) Bill 2008
Part 2--Amendment of Dangerous Goods Act 1985
s. 21
(b) a provision of the regulations which is
prescribed for the purposes of this
section.
(3) An offence against subsection (1) is an
5 indictable offence.
Note
However, the offence may be heard and determined
summarily (see section 53 of, and Schedule 4 to, the
Magistrates' Court Act 1989).".
10 21 New section 45C
After section 45B of the Principal Act insert--
"45C Court may make order amending,
suspending or revoking licence
(1) If the driver of a vehicle is convicted of an
15 offence under section 31A, 31B or 31C, the
Court may, in addition to any penalty it
imposes for that offence, make an order for
either or both of the following--
(a) that a licence the driver is required to
20 have by the regulations is--
(i) cancelled; or
(ii) modified or suspended for a
specified period;
(b) that the driver is disqualified from
25 obtaining or holding a licence a person
is required to have by the regulations
for a specified period.
(2) An order under this section operates by force
of this Act and takes effect immediately or
30 from a later date specified in the order.".
22 Court may order forfeiture
In sections 48(1) and 48(2) of the Principal Act,
after "dangerous goods" insert "or containers".
561197B.I-9/9/2008 23 BILL LA INTRODUCTION 9/9/2008
Dangerous Goods Amendment (Transport) Bill 2008
Part 2--Amendment of Dangerous Goods Act 1985
s. 23
23 Court may impose additional penalty in lieu of
forfeiture
In section 49 of the Principal Act, after
"dangerous goods" (wherever occurring) insert
5 "or containers".
24 Costs of seizure etc. recoverable from convicted
person
In section 50 of the Principal Act--
(a) after "dangerous goods" insert "or
10 containers"; and
(b) after "those goods" insert "or containers".
25 Power to make regulations
After section 52(3) of the Principal Act insert--
"(3A) Regulations made under this Act--
15 (a) may leave any matter or thing to be
from time to time determined, applied,
dispensed with or regulated by a
specified body, specified person or
specified class of persons;
20 (b) may confer powers or impose duties in
connection with the regulations on any
specified body, specified person or
specified class of persons;
(c) may permit a person or body on whom
25 a power or function has been conferred
under the regulations to authorise
another person or body to exercise that
power or perform that function.".
561197B.I-9/9/2008 24 BILL LA INTRODUCTION 9/9/2008
Dangerous Goods Amendment (Transport) Bill 2008
Part 2--Amendment of Dangerous Goods Act 1985
s. 26
26 New section 53
After section 52 of the Principal Act insert--
"53 Transitional regulations
(1) The Governor in Council may make
5 regulations containing provisions of a saving
or transitional nature consequent on the
enactment of the Dangerous Goods
Amendment (Transport) Act 2008.
(2) Regulations made under this section have
10 effect despite anything to the contrary in any
Act (other than this Act or the Charter of
Human Rights and Responsibilities) or in
any subordinate legislation.
(3) This section expires on 1 January 2011.".
15 27 New Part X
After Part IX of the Principal Act insert--
"PART X--SAVINGS AND TRANSITIONAL
PROVISIONS--DANGEROUS GOODS
AMENDMENT (TRANSPORT) ACT 2008
20 68 Definitions
In this Part--
applied Act means the Road Transport
Reform (Dangerous Goods) Act 1995
of the Commonwealth as applied by the
25 Road Transport (Dangerous Goods)
Act 1995;
commencement day means the day on which
section 27 of the Dangerous Goods
Amendment (Transport) Act 2008
30 comes into operation.
561197B.I-9/9/2008 25 BILL LA INTRODUCTION 9/9/2008
Dangerous Goods Amendment (Transport) Bill 2008
Part 2--Amendment of Dangerous Goods Act 1985
s. 27
69 Authorised officers
A person who was an authorised officer
under section 14 of the applied Act as in
force immediately before the commencement
5 day is taken to have been appointed as an
inspector under section 11 on the same terms
and conditions.
70 Notices
(1) Subsection (2) applies if--
10 (a) a notice to remedy a contravention was
given under section 28 of the applied
Act; and
(b) immediately before the commencement
day, the matters causing the
15 contravention remain unremedied.
(2) The notice is taken to be a provisional
direction issued under section 17A.
(3) Subsection (4) applies if--
(a) a notice to avert, eliminate or minimise
20 danger was issued under section 29 of
the applied Act; and
(b) immediately before the commencement
day, no measures have been taken to
avert, eliminate or minimise the danger.
25 (4) The notice is taken to be a prohibition notice
issued under section 17D.
71 Application for review
(1) This section applies to any application for a
review of a decision made to the Victorian
30 Civil and Administrative Tribunal under
section 7 of the Road Transport
(Dangerous Goods) Act 1995 which has not
been determined before the commencement
day.
561197B.I-9/9/2008 26 BILL LA INTRODUCTION 9/9/2008
Dangerous Goods Amendment (Transport) Bill 2008
Part 2--Amendment of Dangerous Goods Act 1985
s. 27
(2) The application may be determined in
accordance with that section as if the Road
Transport (Dangerous Goods) Act 1995
had not been repealed.
5 72 Lawful conduct under previous law
A person does not commit an offence under
this Act if, within the period of 12 months
after the commencement day--
(a) the person transports dangerous goods
10 by road in accordance with the
provisions applying by reason of
sections 5 and 6 of the Road
Transport (Dangerous Goods) Act
1995 as in force immediately before the
15 commencement day; or
(b) the person transports dangerous goods
by rail in accordance with the
Dangerous Goods (Transport by Rail)
Regulations 1998 as in force
20 immediately before the commencement
day.
73 Notice of prohibition
A notice published in accordance with
section 9AA of the Road Transport
25 (Dangerous Goods) Act 1995 in force
immediately before the commencement day
remains in force after the commencement
day as if the notice were a notice made under
the regulations.
30 74 References to Road Transport (Dangerous
Goods) Act 1995
As from the commencement day, any
reference in any Act, regulation, local law,
subordinate instrument or other document to
35 the Road Transport (Dangerous Goods)
561197B.I-9/9/2008 27 BILL LA INTRODUCTION 9/9/2008
Dangerous Goods Amendment (Transport) Bill 2008
Part 2--Amendment of Dangerous Goods Act 1985
s. 28
Act 1995 is to be construed as a reference to
the Dangerous Goods Act 1985.".
28 Schedule 2
(1) In Schedule 2 to the Principal Act--
5 (a) after clause 14 insert--
"14A The determination of routes along
which, the areas in which and the times
during which dangerous goods may or
may not be transported.";
10 (b) after clause 25 insert--
"25A Voluntary accreditation schemes,
including privileges to be accorded or
sanctions to be imposed under the
schemes and the cancellation or
15 suspension of the schemes.
25B The requirement for mandatory
accreditation of persons involved in the
transport of dangerous goods or
particular aspects of that transport.";
20 (c) after clause 27 insert--
"27AA Providing for the licensing of--
(a) vehicles and drivers for the
purpose of the transport of
dangerous goods; and
25 (b) persons responsible for the
transport of dangerous goods or
for vehicles used in that transport.
27AB Providing for the amendment,
suspension or revocation of a licence to
30 which clause 27 or 27AA applies.".
(2) In clause 32 of Schedule 2 to the Principal Act, for
"and explosion" substitute ", explosion and other
dangerous situations".
561197B.I-9/9/2008 28 BILL LA INTRODUCTION 9/9/2008
Dangerous Goods Amendment (Transport) Bill 2008
Part 2--Amendment of Dangerous Goods Act 1985
s. 28
(3) For clause 39 of Schedule 2 to the Principal Act
substitute--
"39 The reporting of any fires, explosions,
leakages or other dangerous situations
5 involving dangerous goods.".
(4) In Schedule 2 to the Principal Act, after clause 70
insert--
"71 Insurance or other forms of indemnity
required to cover the use of a vehicle to
10 transport dangerous goods.
72 The recognition of determinations,
exemptions, approvals and licences issued or
granted by a corresponding Authority.
73 The reference of matters concerning
15 determinations, exemptions or approvals to a
specified body.
74 The adoption of decisions of a specified
body as decisions of the Authority.
75 The reconsideration and review by the
20 Authority of its decisions.
76 Prescribing decisions of the Authority under
the regulations to be reviewable decisions for
the purposes of Part IIA.".
__________________
561197B.I-9/9/2008 29 BILL LA INTRODUCTION 9/9/2008
Dangerous Goods Amendment (Transport) Bill 2008
Part 3--Repeal of Road Transport (Dangerous Goods) Act 1995
s. 29
PART 3--REPEAL OF ROAD TRANSPORT (DANGEROUS
GOODS) ACT 1995
Division 1--Repeal
See: 29 Repeal of Road Transport (Dangerous Goods) Act
Act No.
5 84/1995. 1995
Reprint No. 2
as at The Road Transport (Dangerous Goods) Act
6 January
2000
1995 is repealed.
and
amending
Act Nos
49/2004 and
62/2005.
LawToday:
www.
legislation.
vic.gov.au
Division 2--Consequential Amendments to Other Acts
30 Accident Compensation Act 1985
10 (1) In section 5(1) of the Accident Compensation
Act 1985, in the definition of corresponding
Authority, for ", the Equipment (Public Safety)
Act 1994 or the Road Transport (Dangerous
Goods) Act 1995" substitute "or the Equipment
15 (Public Safety) Act 1994".
(2) In section 20C(1) of the Accident Compensation
Act 1985, for ", the Mines Act 1958 and the
Road Transport (Dangerous Goods) Act 1995"
substitute "and the Mines Act 1958".
20 (3) In section 32(3)(ba) of the Accident
Compensation Act 1985, for ", the Mines Act
1958 or the Road Transport (Dangerous Goods)
Act 1995" substitute "or the Mines Act 1958".
561197B.I-9/9/2008 30 BILL LA INTRODUCTION 9/9/2008
Dangerous Goods Amendment (Transport) Bill 2008
Part 3--Repeal of Road Transport (Dangerous Goods) Act 1995
s. 31
(4) For section 32(3)(bb)(ii) of the Accident
Compensation Act 1985, substitute--
"(ii) the Dangerous Goods Act 1985 and the
regulations made under that Act;".
5 (5) In section 32(3)(bc) of the Accident
Compensation Act 1985, for ", the Mines Act
1958 and the Road Transport (Dangerous
Goods) Act 1995" substitute "and the Mines Act
1958".
10 31 Melbourne City Link Act 1995
Section 90A(2)(ab)(iii) of the Melbourne City
Link Act 1995 is repealed.
32 Occupational Health and Safety Act 2004
(1) In section 5(1) of the Occupational Health and
15 Safety Act 2004, in the definition of
corresponding Authority, for ", the Equipment
(Public Safety) Act 1994 or the Road Transport
(Dangerous Goods) Act 1995" substitute "or the
Equipment (Public Safety) Act 1994".
20 (2) In section 137(2)(b) of the Occupational Health
and Safety Act 2004, for ", the Dangerous
Goods Act 1985 or the Road Transport
(Dangerous Goods) Act 1995" substitute "or the
Dangerous Goods Act 1985".
25 33 Radiation Act 2005
Section 145 of the Radiation Act 2005 is
repealed.
__________________
561197B.I-9/9/2008 31 BILL LA INTRODUCTION 9/9/2008
Dangerous Goods Amendment (Transport) Bill 2008
Part 4--Repeal of Amending Act
s. 34
PART 4--REPEAL OF AMENDING ACT
34 Repeal of Amending Act
This Act is repealed on 1 January 2011.
Note
5 The repeal of this Act does not affect the continuing operation of
the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
561197B.I-9/9/2008 32 BILL LA INTRODUCTION 9/9/2008
Dangerous Goods Amendment (Transport) Bill 2008
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
561197B.I-9/9/2008 33 BILL LA INTRODUCTION 9/9/2008
[Index] [Search] [Download] [Related Items] [Help]