Victorian Consolidated Regulations

For ease of reference only, definitions (but not other parts of speech and grammatical forms of a word or phrase defined) appear in bold in the text. Section 39 of the Interpretation of Legislation Act 1984 provides that where a word or phrase is given a particular meaning in an Act or subordinate instrument, other parts of speech and grammatical forms of that word or phrase have, unless the contrary intention appears, corresponding meanings. - SECT 301

Determination of dangerous goods

301. Determination of dangerous goods



(1) A manufacturer or first supplier of goods, who suspects or has reasonable
grounds for suspecting that the goods are dangerous goods, must determine
whether or not the goods are dangerous goods as soon as possible, or in any
event-

   (a)  in the case of a manufacturer, before handling the goods or supplying
        them to any person;

   (b)  in the case of a first supplier, before supplying the goods to any
        person.

(2) In determining whether goods are dangerous goods, the manufacturer or
first supplier must-

   (a)  if the manufacturer or first supplier suspects, or has reasonable
        grounds for suspecting, that the goods may be-

   (i)  dangerous goods of a particular Class, have regard to regulation 38 of
        the Dangerous Goods (Transport by Road or Rail) Regulations 2008; or

   (ii) C1 combustible liquids, act in accordance with AS 1940; or

   (iii) goods too dangerous to be transported, have regard to regulation 39
        of the Dangerous Goods (Transport by Road or Rail) Regulations 2008;
        and

   (b)  if applicable, ensure that the dangerous goods are assigned the
        appropriate Class, Subsidiary Risk and Packing Group in accordance
        with the Dangerous Goods (Transport by Road or Rail) Regulations 2008.

(3) A manufacturer or first supplier has complied with subregulation (2)(b) if
the dangerous goods are assigned a Class, Subsidiary Risk or a Packing Group
in accordance with corresponding legislation.

(4) For the purposes of subregulation (3), corresponding legislation means the
provisions of corresponding legislation of another Australian jurisdiction
that provide for the classification, assignment of Subsidiary Risk and Packing
Group and the marking of dangerous goods for the purposes of transport by
road, rail, air or sea.

(5) The provisions of Part 4 do not limit or restrict any handling of
dangerous goods directly associated with determining whether goods are
dangerous goods under this regulation.