Victorian Consolidated Legislation

Dangerous Goods Act 1985 - SECT 3

Definitions

3. Definitions



(1) In this Act, unless inconsistent with the context or subject-matter-

ADG Code means the Australian Code for the Transport of Dangerous Goods by
Road and Rail (Seventh edition or subsequent edition) as in force from time to
time in accordance with section 10;

Authority means the Victorian WorkCover Authority established under section 18
of the Accident Compensation Act 1985;

blasting compound means all explosive compounds, formulations or mixtures
(other than gunpowder) which are used for blasting and, without limiting the
generality of the term, includes all compounds or mixtures containing
nitroglycerine or nitroglycol or nitroglycol and nitroglycerine which are used
for blasting;

boat means any vessel not being a ship; combination, in relation to a vehicle,
means a road vehicle consisting of a motor vehicle and one or more trailers;



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container means anything in or by which dangerous goods are wholly or partly
cased, covered, enclosed, contained or packed, whether such a thing is empty
or partially or completely full but does not include a vehicle; corresponding
Authority has the same meaning as it has in section 5 of the
Occupational Health and Safety Act 2004;



dangerous goods has the same meaning as it has in the ADG Code except that-

   (a)  Class 1 dangerous goods in that Code are not dangerous goods for the
        purposes of this Act; and

   (b)  the following substances and articles are also dangerous goods-

   (i)  explosives; and

   (ii) combustible liquids having a flashpoint higher than 60°C; and

   (iia) high consequence dangerous goods; and

   (iib) any goods defined under the ADG Code or the regulations to be goods
        too dangerous to be transported; and

   (iii) any substance or article declared to be dangerous goods by an Order
        in Council made under section 9B;

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eligible person, in relation to a reviewable decision, has the meaning given
by section 20;

explosives means any substance or article manufactured or used to produce a
practical effect by explosion or a pyrotechnic effect and includes-

   (a)  gunpowder, nitroglycerine, nitroglycol, gelignite, guncotton, blasting
        powder, fulminating compounds, coloured fires, smoke compositions, fog
        signals, fireworks, fuses, rockets, percussion caps, detonators,
        cartridges and ammunition of all descriptions;

   (b)  substances or articles of whatever form or composition intended for
        blasting or demolition purposes;

   (c)  substances or articles used for the initiating of explosive charges or
        fillings;

   (d)  every adaptation or preparation of explosives; and

   (e)  any substance or article prescribed as explosives for the purposes of
        this Act; explosives licence means a licence issued pursuant to
        section 21 in relation to explosives;

Fire Authority means any permanent or volunteer fire brigade under the
Metropolitan Fire Brigades Act 1958 or any permanent or volunteer brigade
under the Country Fire Authority Act 1958; HCDG means high consequence
dangerous goods;

HCDG licence means a licence issued pursuant to Part 3 in relation to high
consequence dangerous goods;

high consequence dangerous goods means substances or articles that are
declared to be high consequence dangerous goods under section 9B but does not
include any substances or articles that are explosives;

inspector means inspector appointed under section 11;



keeper, in relation to a magazine, means the owner or person in charge of the
magazine;

licence means a licence issued pursuant to section 21;

licensed premises means any premises, vehicle, boat or magazine where
dangerous goods subject to a licence are present;

licensee means a person who holds a licence;

liquefied gases means any substance or article prescribed as liquefied gases
for the purposes of this Act; livestock has the same meaning as it has in
section 3 of the Livestock Disease Control Act 1994;

magazine includes any building, receptacle, place, ship or boat;

magazine area means the area in which two or more magazines are sited;

manifest means an inventory of dangerous goods;

manufacture includes any part or the whole of any process of-

   (a)  making non-dangerous goods from dangerous goods;

   (b)  making non-dangerous goods from non-dangerous goods, where in the
        course of the process dangerous goods are made;

   (c)  the unmaking, altering, repairing or remaking of dangerous goods;

master includes every person (except a pilot) having command or charge of a
ship, and in reference to any boat belonging to a ship means the master of the
ship, and in reference to any other boat includes every person having command
or charge of such boat;

occupier, in relation to any premises (other than licensed premises that are a
vehicle or boat), includes a person who-

   (a)  is the owner of the premises;

   (b)  exercises control at the premises under a mortgage, lease or
        franchise; or

   (c)  is normally or occasionally in charge of or exercising control or
        supervision at the premises as a manager or employee or in any other
        capacity- and, in relation to licensed premises that are a vehicle or
        boat, includes a person who-

   (d)  is the owner of the vehicle or boat; or

   (e)  is in charge of the vehicle or boat;

officer of a body corporate has the same meaning as in section 82A of the
Corporations Act except that it does not include an employee of the body
corporate (other than in section 46(3));

officer or member, in relation to a fire authority, includes a person who is
employed by or is an officer of the Metropolitan Fire Brigades Board under the
Metropolitan Fire Brigades Act 1958 or the Country Fire Authority under the
Country Fire Authority Act 1958;

owner in relation to a ship, includes a person who is the charterer of the
ship or has possession of the ship;

owner, in relation to a vehicle or boat, includes a person-

   (a)  who is the sole owner, joint owner or part owner of the vehicle or
        boat;

   (b)  who has the possession and use of the vehicle or boat under or
        subject-

   (i)  to a hire-purchase agreement, bill of sale or like instrument; or

   (ii) to a written hiring agreement (not being a hire-purchase agreement)
        which requires the person to register the vehicle or boat in the
        person's name-
but does not include any person in whom the property in the vehicle or boat or
any kind of right or licence to take possession of the vehicle or boat is
vested under or subject to a hire-purchase agreement or a bill of sale or like
instrument or written hiring agreement which requires another person to
register the vehicle or boat in the name of that other person but who has not
for the time being the possession and use thereof;

person includes a body or association (corporate or unincorporate) and a
partnership; place includes a vehicle, ship or boat;



premises includes-

   (a)  a building or part of a building;

   (b)  a tent, stall or other structure, whether permanent or temporary;

   (c)  land, whether or not appurtenant to a building; and

   (d)  any other place;

primary producer means any person engaged solely or substantially in
agricultural, horticultural, viticultural, dairying, pastoral or other like
pursuits or any person being a commercial fisherman and holding a licence to
take fish for sale;

public magazine means any magazine appointed by the Governor in Council under
section 34 to be a public magazine; reviewable decision has the meaning given
by section 20;



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sell includes-

   (a)  barter or exchange;

   (b)  agree to sell or offer or expose for sale;

   (c)  receive for sale;

   (d)  have in possession for sale;

   (e)  send, forward or deliver for sale;

   (f)  advertise for sale;

   (g)  supply or give away for the purpose of advertisement or in furtherance
        of any trade or business;

   (h)  sell for resale; or

   (i)  cause, permit or attempt any of the acts or things referred to in
        paragraphs (a) to (h);

ship means any vessel used in sea navigation but does not include any barge,
lighter or like vessel;

statutory rule has the same meaning as in section 2(1) of the Subordinate
Legislation Act 19621;

this Act includes-

   (a)  the regulations; and

   (b)  the register under section 54; and

   (c)  Orders under section 55;

transfer means any process which involves-

   (a)  the filling, loading, pumping or pouring of dangerous goods into a
        container; or

   (b)  the discharging, unloading, pumping or pouring of dangerous goods from
        a container;

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transport documentation means documentation relating to the transport of
dangerous goods required by regulations made under this Act;



Tribunal means Victorian Civil and Administrative Tribunal established by the
Victorian Civil and Administrative Tribunal Act 1998;

unit of rolling stock means a vehicle designed to run on rails and that is, in
fact, being operated or used on rails;

vehicle means any means of transport by land and includes a trailer, a
semi-trailer, a combination and a unit of rolling stock.

(2) For the purposes of the interpretation of manufacture, making includes-

   (a)  any process of chemical reaction;

   (b)  any process which involves the mixing, separation, concentration,
        dilution, assembling or blending of substances or articles; and

   (c)  the operation of machinery, plant or equipment which is using,
        treating or processing dangerous goods.

(3) Any reference in this Act to sell explosives or to the sale of explosives
includes a reference to the supply of the explosives whether or not for any
consideration.

(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 importation of, dangerous goods into
        Australia;

   (b)  packing dangerous goods for transport;

   (c)  marking or labelling packages containing dangerous goods for
        transport;

   (d)  placarding containers and vehicles in which dangerous goods are
        transported;

   (e)  consigning dangerous goods for transport, including the preparation of
        transport documentation;

   (f)  loading dangerous goods onto a 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 goods;

        (i)    being the consignee of dangerous goods that are transported;

   (j)  undertaking, or being responsible for, the transport of dangerous
        goods, 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 management of the
        body corporate, that takes part in an activity included in this
        subsection.