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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Road Transport (Dangerous Goods) (Amendment)
Act 1997
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 2
3. Principal Act 2
4. Application in Victoria of Commonwealth regulations 2
5. Interpretation of some expressions in applied provisions 3
6. Scope of the applied provisions 3
7. New section 9A inserted 3
9A. Regulations 4
NOTES 5
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Clause Page
THIS PAGE IS TO BE MASKED
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PARLIAMENT OF VICTORIA
A BILL
to amend the Road Transport (Dangerous Goods) Act 1995 and for
other purposes.
Road Transport (Dangerous Goods)
(Amendment) Act 1997
The Parliament of Victoria enacts as follows:
1. Purpose
The purpose of this Act is to--
(a) exclude certain classes of dangerous goods
from the application of the provisions of the
5 Road Transport Reform (Dangerous Goods)
Act 1995 of the Commonwealth and the
regulations under Part 2 of that Act that
apply as laws of Victoria;
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Road Transport (Dangerous Goods) (Amendment) Act 1997
s. 2
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(b) clarify the application in Victoria of those
Commonwealth provisions;
(c) enable fees permitted to be prescribed under
that Commonwealth Act to be prescribed for
5 Victoria under the Road Transport
(Dangerous Goods) Act 1995.
2. Commencement
This Act comes into operation on the day on
which it receives the Royal Assent.
10 3. Principal Act
No. 84/1995. In this Act, the Road Transport (Dangerous
Amended by
Goods) Act 1995 is called the Principal Act.
No. 37/1996.
4. Application in Victoria of Commonwealth regulations
At the end of section 6 of the Principal Act
15 insert--
"(2) The regulations referred to in sub-section (1)
apply as if they did not include any
provision--
(a) applying to an offence any provision of
20 Chapter 2 of the Criminal Code set out
in the Schedule to the Criminal Code
Act 1995 of the Commonwealth;
(b) specifying an offence to be an offence
of strict liability;
25 (c) requiring an approved form or a
determination to be taken to be a
disallowable instrument for the
purposes of section 10 of the
Subordinate Laws Act 1989 of the
30 Australian Capital Territory.
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Road Transport (Dangerous Goods) (Amendment) Act 1997
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Act No.
(3) Nothing in sub-section (2)(b) prevents an
offence being construed to be an offence of
strict liability.".
5. Interpretation of some expressions in applied
5 provisions
At the end of section 8 of the Principal Act
insert--
'(2) In the applied provisions--
"participating jurisdiction" includes the
10 Australian Capital Territory and the
Jervis Bay Territory;
"the Act" or "this Act" includes this Act
and the regulations made under this
Act;
15 "this jurisdiction" means Victoria.'.
6. Scope of the applied provisions
In section 9 of the Principal Act, after sub-section
(1) insert--
"(1A) The applied provisions do not apply to the
20 transport by road of--
(a) explosives within the meaning of the
Dangerous Goods Act 1985; or
(b) any radio-active substance or radiation
apparatus within the meaning of
25 Division 2AA of Part V of the Health
Act 1958; or
(c) any pathogenic micro-organisms or
other material capable of causing
disease in humans.".
30 7. New section 9A inserted
After section 9 of the Principal Act insert--
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Road Transport (Dangerous Goods) (Amendment) Act 1997
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Act No.
"9A. Regulations
(1) The Governor in Council may make
regulations for or with respect to prescribing
fees that are to be paid for things done under
5 the applied provisions.
(2) A power conferred by sub-section (1) may
be exercised in any manner in which a power
to make regulations providing for the
imposition of fees could be exercised under
10 the applied provisions.
(3) The applied provisions apply in relation to
Victoria as if the only prescribed fees under
those provisions were fees prescribed under
sub-section (1).".
15
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Road Transport (Dangerous Goods) (Amendment) Act 1997
Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
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Road Transport (Dangerous Goods) (Amendment) Act 1997
Act No.
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