DANGEROUS GOODS ACT 1985

Victorian Consolidated Legislation

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DANGEROUS GOODS ACT 1985

No. 10189 of 1985
Version incorporating amendments as at 1 January 2009

TABLE OF PROVISIONS

Section Page

PART I-PRELIMINARY

1. Short title
2. Commencement
3. Definitions
4. Objects of Act
5. Act binds the Crown
6, 7. Repealed
8. Relationship of this Act to other statutory provisions
9. Application of Act
9A. Governor in Council may exempt dangerous goods from this Act etc.
9B. Governor in Council may declare substance or article to be dangerous goods
9C. Ministerial order suspending or varying operation of regulations
10. Adoption of ADG Code
10A. Review of decisions by Tribunal
10B. Delegations
10C. Provision of information to corresponding Authority
10D. Restrictions on disclosure of information
10E. Circumstances in which information may be disclosed

PART II-INSPECTORS AND ENFORCEMENT

Division 1-Appointment of inspectors

11. Appointment of inspectors
11A. Limitations on powers of particular inspectors
11B. Identity cards

Division 2-Performance of functions or exercise of powers

12. Inspectors subject to Authority's directions
12A. Authority has the powers etc. of an inspector

Division 3-Powers relating to entry and to inspection of vehicles
Subdivision 1-General powers

13. Power to enter places
13A. Power to inspect vehicles
13B. Powers incidental to entry etc.
13C. Power to require production of documents etc.
13D. Power to take samples
Subdivision 2-Incident inquiries
13E. Inquiries concerning fires and explosions and events involving dangerous goods

Division 4-Procedure relating to entry

14. Announcement on entry
14A. Report to be given about entry

Division 5-Search warrants

15. Issue of search warrants
15A. Announcement before entry on warrant
15B. Copy of warrant to be given to the occupier of the place to be searched

Division 6-Limitation on entry powers

16. Places used for residential purposes

Division 7-Return and forfeiture of seized things

16A. Return of seized things
16B. Forfeiture of seized things
17. Repealed

Division 8-Powers to issue directions and notices

17A. Provisional directions
17B. Power to issue non-disturbance notice
17C. Power to issue improvement notice
17D. Power to issue prohibition notice
17E. Directions or conditions in notices
17F. Variation or cancellation of notices
17G. Service of directions and notices
17H. Formal irregularities or defects in notices
17I. Proceedings for offences not affected by notices
17J. Injunctions for non-compliance with notices
17K. Inspector may issue direction concerning damaged or spilled dangerous goods

Division 9-Other powers

18. Power to require name and address
18A. Power to give directions
18B. Powers extend to HCDG and explosives

Division 10-Other matters

19. People who must assist inspector
19A. Other assistance in exercising powers
19B. Inspector may take affidavits
19C. Inspector may copy documents

Division 11-Offences

19D. Offences in relation to inspections
19E. Offence to impersonate inspector

Division 12-Protections concerning self-incrimination and legal professional privilege

19F. Protection against self-incrimination
19G. Legal professional privilege not affected

PART IIA-REVIEW OF DECISIONS

20. Which decisions are reviewable
20A. Internal review
20B. Review by the Tribunal

PART III-LICENCES

21. Licences
21AA. Failure to hold licence and other offences relating to the transport of dangerous goods
21A. Special provisions for HCDG and explosives licences
22. Review of decision of Authority
23. Conditions etc. in licences
24. Authority may amend, suspend or revoke licences
25. Review of licence revocations etc.
26. Transfer of licences

PART IV-INFORMATION ON DANGEROUS GOODS AT LICENSED PREMISES

27. Certain persons to provide information concerning dangerous goods
28. Authority to send the information to relevant fire authority
29. Authority to send municipality details of dangerous goods for which a licence is issued
30. Manifests

PART V-ACCIDENTS AND SECURITY

31. Persons required to take precautions
31A. Goods too dangerous to be transported
31B. Dangerous goods must be transported in safe manner
31C. Aggravated offence
32. Accidents to be reported
33. Reconstruction work
33A. Power of Authority where premises or magazine especially dangerous
33B. Approval of equipment etc. for sale

PART VI-MISCELLANEOUS PROVISIONS RELATING TO EXPLOSIVES AND LIQUEFIED GASES

34. Governor in Council may appoint public magazines
35. Repealed
36. Trespassers etc. in relation to explosives
37. Offences in relation to explosives
38. Exemption of licensee where consignee etc. at fault
39. Additional penalties for offences involving explosives

PART VII-PROCEEDINGS AND ENFORCEMENT

40. Proceedings may be brought by the Authority, inspectors and the police
40A. Procedure if prosecution is not brought
40B. Limitation period for prosecutions
41. Proceedings for an offence
42. Evidence
42A. Analyst's certificates
43. Right of defendant to have third person before court
44. Offence to interfere etc. with document or give false
information
44A. Offence to give false or misleading information
45. General
45A. Further penalties for subsequent offences
45B. Infringement notices
45C. Court may make order amending, suspending or revoking
licence
46. Offences by bodies corporate and partnerships etc.
47. Court may impose punishment for dangerous offence
47A. Forfeiture and disposal of HCDG, explosives or containers before conviction
47B. Court orders for forfeiture and disposal of HCDG, explosives or containers before conviction
47C. Appeal against orders under section 47B.
47D. Compensation
48. Court may order forfeiture
49. Court may impose additional penalty in lieu of forfeiture
50. Costs of seizure etc. recoverable from convicted person
50A. Judicial notice of Minister's signature etc.
51. Acts in good faith etc. not actionable
51A. Responsible agency for the Crown
51B. Infringement and other notices may be issued to the Crown
51C. Proceedings against successors to public bodies

PART VIII-REGULATIONS, ORDERS, CODES OF PRACTICE, UNDERTAKINGS AND ADVICE ON
COMPLIANCE

52. Power to make regulations
53. Transitional regulations
54. Register of classified explosives
55. Governor in Council may make Order with respect to dangerous goods
55A. Orders-general provisions
55B. Variation and revocation of orders
55C. Making and varying of orders about HCDG subject to disallowance
56. Codes of practice
57. Proposed code of practice to be made available for public comment
58. Procedural matters concerning codes of practice
59. Effect of failure to comply with a code of practice
60. Use of codes of practice in proceedings
60A. Authority may accept undertakings
60B. Enforcement of undertakings
60C. Power to give advice on compliance
61. Transfer of responsibilities

PART IX-SAVINGS AND TRANSITIONAL PROVISIONS-DANGEROUS GOODS AND EQUIPMENT (PUBLIC SAFETY) ACTS (AMENDMENT) ACT 2005.

62. Definition
63. Interpretation of Legislation Act 1984 not affected
64. Amendments not to affect the appointment of inspectors
65. Continuation of directions and notices
66. Application of provisions concerning prosecutions
67. Saving of instruments of delegation

PART X-SAVINGS AND TRANSITIONAL PROVISIONS-DANGEROUS GOODS AMENDMENT (TRANSPORT)
ACT 2008.

68. Definitions
69. Authorised officers
70. Notices
71. Application for review
72. Lawful conduct under previous law
73. Notice of prohibition
74. References to Road Transport (Dangerous Goods) Act 1995.
__________________
SCHEDULE 1-Repealed
SCHEDULE 2-Subject-matter for Regulations
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details

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