Victorian Consolidated Legislation

Dangerous Goods Act 1985 - SECT 31A

Goods too dangerous to be transported

31A. Goods too dangerous to be transported



(1) A person must not consign goods for transport if the goods are classified
by the regulations as goods too dangerous to be transported.

Penalty: If the failure results in death or serious injury to a person-

   (a)  in the case of an individual, 500 penalty units or imprisonment for 2
        years; or

   (b)  in the case of a body corporate, 2500 penalty units. In any other
        case-

   (c)  in the case of an individual, 500 penalty units; or

   (d)  in the case of a body corporate, 2500 penalty units.

(2) A person must not arrange for the transportation of goods on a vehicle
owned or controlled by the person if the goods are classified by the
regulations as goods too dangerous to be transported.

Penalty: If the failure results in death or serious injury to a person-

   (a)  in the case of an individual, 500 penalty units or imprisonment for 2
        years; or

   (b)  in the case of a body corporate, 2500 penalty units. In any other
        case-

   (c)  in the case of an individual, 500 penalty units; or

   (d)  in the case of a body corporate, 2500 penalty units.

(3) An offence against subsection (1) or (2) is an indictable offence.

Note However, the offence may be heard and determined summarily (see section
53 of, and Schedule 4 to, the Magistrates' Court Act 1989).

(4) For the purposes of subsection (1), the person who consigns goods for
transport is-

   (a)  the person named or otherwise identified in transport documentation,
        with the person's authority, as the consignor of the goods; or

   (b)  if no person is so named or identified, the person to whom subsection
        (5) or (6) applies.

(5) This subsection applies to-

   (a)  the person who engages a prime contractor or rail operator, either
        directly or through an agent or other intermediary, to transport the
        goods; or

   (b)  if paragraph (a) does not apply to anyone, the person who has
        possession of, or control over, the goods immediately before the goods
        are transported; or

   (c)  if neither paragraph (a) nor (b) applies to anyone, the person who
        loads a vehicle with the goods, for transport, at a place-

   (i)  where the dangerous goods are awaiting collection; and

   (ii) that is unattended (except by the driver) during loading.

(6) If subsection (5) does not apply to anyone, this subsection applies to the
person who imports the goods into Australia.