DANGEROUS GOODS ACT 1985 - SECT 3 Definitions
DANGEROUS GOODS ACT 1985 - SECT 3
Definitions(1) In this Act, unless inconsistent with the context or subject-matter—
S. 3(1) def. of ADG Code inserted by No. 84/2000 s. 41(1)(a), substituted by No. 66/2008 s. 4(1)(b).
"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;
S. 3(1) def. of Authority inserted by No. 13/1996 s. 13(a), amended by No. 67/2013 s. 649(Sch. 9 item 11(1)), substituted by No. 21/2015 s. 3(Sch. 1 item 16).
"Authority" means the Victorian WorkCover Authority within the meaning of the Workplace Injury Rehabilitation and Compensation Act 2013 ;
"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;
S. 3(1) def. of combination inserted by No. 66/2008 s. 4(1)(a).
"combination", in relation to a vehicle, means a road vehicle consisting of a motor vehicle and one or more trailers;
S. 3(1) def. of Competent Authorities Sub-committee repealed by No. 84/2000 s. 41(1)(b).
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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;
S. 3(1) def. of corre-sponding Authority inserted by No. 66/2008 s. 4(1)(a).
"corresponding Authority" has the same meaning as it has in section 5 of the Occupational Health and Safety Act 2004 ;
S. 3(1) def. of dangerous goods substituted by No. 78/1995 s. 3, amended by Nos 84/2000 a. 41(1)(c), 67/2004 s. 4(1)(a), 66/2008 s. 4(1)(c)(d).
"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;
S. 3(1) def. of Director-General repealed by No. 13/1996 s. 13(b).
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S. 3(1) def. of eligible person inserted by No. 31/2005 s. 3.
"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;
S. 3(1) def. of explosives licence inserted by No. 67/2004 s. 4(1)(b).
explosives licence means a licence issued pursuant to section 21 in relation to explosives;
S. 3(1) def. of Fire Authority amended by No. 20/2019 s. 159(a).
"Fire Authority" means any permanent or volunteer fire brigade under the Fire Rescue Victoria Act 1958 or any permanent or volunteer brigade under the Country Fire Authority Act 1958 ;
S. 3(1) def. of HCDG inserted by No. 67/2004 s. 4(1)(b).
HCDG means high consequence dangerous goods;
S. 3(1) def. of HCDG licence inserted by No. 67/2004 s. 4(1)(b).
HCDG licence means a licence issued pursuant to Part 3 in relation to high consequence dangerous goods;
S. 3(1) def. of high consequence dangerous goods inserted by No. 67/2004 s. 4(1)(b).
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;
S. 3(1) def. of indemnify inserted by No. 36/2021 s. 9.
"indemnify "means indemnify wholly or partly;
S. 3(1) def. of inspector amended by No. 37/1992 s. 9(2).
"inspector" means inspector appointed under section 11;
S. 3(1) def. of insure inserted by No. 36/2021 s. 9.
"insure "means insure wholly or partly;
"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;
S. 3(1) def. of livestock inserted by No. 66/2008 s. 4(1)(a).
"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;
S. 3(1) def. of officer substituted by Nos 44/2001 s. 3(Sch. item 29.1), 36/2021 s. 20.
officer of a body corporate, unincorporated body or association or partnership has the meaning given by section 9 of the Corporations Act;
S. 3(1) def. of officer or member amended by No. 20/2019 s. 159(b).
"officer or member", in relation to a fire authority, includes a person who is employed by or is an officer of Fire Rescue Victoria under the Fire Rescue Victoria Act 1958 or the Country Fire Authority under the Country Fire Authority Act 1958 ;
S. 3(1) def. of owner inserted by No. 82/1995 s. 190.
"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;
S. 3(1) def. of place inserted by No. 31/2005 s. 3.
"place" includes a vehicle, ship or boat;
S. 3(1) def. of police officer inserted by No. 37/2014 s. 10(Sch. item 44.1).
"police officer" has the same meaning as in the Victoria Police Act 2013 ;
"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;
S. 3(1) def. of reviewable decision inserted by No. 31/2005 s. 3.
reviewable decision has the meaning given by section 20;
S. 3(1) def. of Road Traffic Authority repealed by No. 44/1989 s. 41(Sch. 2 item 8.1).
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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;
S. 3(1) def. of statutory rule repealed by No. 48/2017 s. 7.
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S. 3(1) def. of this Act amended by No. 48/1989 s. 16(2).
"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;
S. 3(1) def. of Transport Code repealed by No. 84/2000 s. 41(1)(d).
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S. 3(1) def. of transport documen-tation inserted by No. 66/2008 s. 4(1)(a).
"transport documentation" means documentation relating to the transport of dangerous goods required by regulations made under this Act;
S. 3(1) def. of Tribunal inserted by No. 52/1998 s. 311(Sch. 1 item 20.1).
"Tribunal" means Victorian Civil and Administrative Tribunal established by the Victorian Civil and Administrative Tribunal Act 1998 ;
S. 3(1) def. of unit of rolling stock inserted by No. 66/2008 s. 4(1)(a).
"unit of rolling stock" means a vehicle designed to run on rails and that is, in fact, being operated or used on rails;
S. 3(1) def. of vehicle substituted by No. 66/2008 s. 4(1)(e), amended by No. 10/2022 s. 15(b).
"vehicle" means any means of transport by land and includes a trailer, a semi-trailer, a combination and a unit of rolling stock;
S. 3(1) def. of WorkCover Authority Fund inserted by No. 10/2022 s. 15(a).
"WorkCover Authority Fund" has the same meaning as it has in the Workplace Injury Rehabilitation and Compensation Act 2013 .
(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.
S. 3(3) inserted by No. 67/2004 s. 4(2).
(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.
S. 3(4) inserted by No. 66/2008 s. 4(2).
(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.