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DANGEROUS GOODS ACT 1985 - SECT 10 Adoption of ADG Code

DANGEROUS GOODS ACT 1985 - SECT 10

Adoption of ADG Code

S. 10(1) amended by No. 84/2000 s. 41(2)(a)(b), substituted by No. 66/2008 s. 8(1).

    (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 Rail (Seventh edition or subsequent edition) wholly or partially or as amended by the regulation.

S. 10(1A) inserted by No. 66/2008 s. 8(1).

    (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 reference to that provision as in force from time to time.

S. 10(1B) inserted by No. 66/2008 s. 8(1).

    (1B)     For the purposes of subsection (1A) and subject to subsection (1C), an amendment to a provision of the Australian Code for the 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 by the Authority; or

        (b)     a later date determined by the Authority and specified in the notice.

S. 10(1C) inserted by No. 66/2008 s. 8(1).

    (1C)     If—

        (a)     the effect of the amendment is to 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);

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).

S. 10(2) amended by Nos 13/1996 s. 22(a), 84/2000 s. 41(2)(a), 66/2008 s. 8(2).

    (2)     For the purposes of this Act, in any provision of the ADG Code a reference to the "competent authority" shall be construed as a reference to the Authority.

S. 10(3) inserted by No. 84/2000 s. 41(3).

    (3)     Any reference in any Act, regulation, local law, subordinate instrument or other document to the "Transport Code" is as from the commencement of section 41 of the Transport Accident (Amendment) Act 2000 to be construed as a reference to the "ADG Code", unless the context otherwise requires.

S. 10A inserted by No. 48/1989 s. 4.