Victorian Consolidated Regulations

2 Reg. 256(1): S.R. No. 127/2000 as amended by S.R. Nos 96/2005 and 54/2007. - SECT 5

Definitions

5. Definitions

In these Regulations, unless the contrary intention appears- administrative
determination has the meaning given by regulation 32; aggregate quantity, in
relation to a load containing dangerous goods, means the total of-

   (a)  the number of kilograms of-

   (i)  solid dangerous goods; and

   (ii) articles, including aerosols; in the load; and

   (b)  the number of litres or kilograms, being whichever is used in the
        transport documentation for the load to describe the goods, of liquid
        dangerous goods in the load; and

   (c)  the total capacity in litres of receptacles in the load containing
        dangerous goods of Class 2 (except aerosols); appropriately marked has
        the meaning given by regulation 80; appropriately placarded has the
        meaning given by regulation 85; approval means an approval by the
        Authority or an authorised body under these Regulations which is in
        effect; approved packaging means-

   (a)  packaging of a design that is approved under regulation 56; or

   (b)  foreign approved packaging; approved tank means-

   (a)  a tank of a design that is approved under regulation 56; or

   (b)  a foreign approved tank. approved test means a test that is approved
        under regulation 28(1)(a); approved training course means a training
        course that is approved under regulation 28(1)(b); Australian
        Transport Council means the council of Commonwealth, New Zealand,
        State, Australian Capital Territory and Northern Territory Ministers,
        established on 11 June 1993 and known as the Australian Transport
        Council; authorised body means a person or body authorised to issue
        approvals under regulation 59; bulk container has the meaning given by
        regulation 10; capacity means the total internal volume of a packaging
        at a temperature of 15° Celsius, expressed in litres or cubic metres;
        Class, for dangerous goods, means the class to which dangerous goods
        belong in accordance with regulation 40; Competent Authorities Panel
        or CAP means the body established by the Competent Authorities Panel
        Rules made by the National Transport Commission and approved by the
        Australian Transport Council, as amended from time; consigns and
        consignor have the meanings given by regulation 19; corresponding
        approval means an approval to which regulation 166 applies;
        corresponding dangerous goods driver licence means a licence to which
        regulation 167 applies that has effect in Victoria under that
        regulation as a dangerous goods driver licence; corresponding
        dangerous goods vehicle licence means a licence to which regulation
        167 applies that has effect in Victoria under that regulation as a
        dangerous goods vehicle licence; corresponding determination means a
        determination to which regulation 164 applies; corresponding exemption
        means an exemption to which regulation 165 applies; dangerous goods,
        for the purposes of these regulations, has the meaning given by
        regulation 38; dangerous goods driver licence means a licence that is
        in effect under Division 3 of Part 18; Dangerous Goods List means the
        list set out in section 3.2.3 of the ADG Code; dangerous goods vehicle
        licence means a licence that is in effect under Division 4 of Part 18;
        dangerous situation means a situation that is causing or is likely to
        cause imminent risk of serious death or injury to a person,
        significant harm to the environment or significant damage to property;
        demountable tank means a tank, other than a portable tank, that is
        designed to be carried on a vehicle but that does not form part of and
        is not permanently attached to the vehicle and is designed to be
        removable; determination means a determination that is made by the
        Authority under Division 6 of this Part and that is in effect;
        Division, for dangerous goods, means the Division to which dangerous
        goods of a particular Class belong in accordance with regulation 40;
        driver licence means a licence (including a probationary and a
        conditional licence but not including a provisional or learner
        licence) issued under a State or Territory law authorising the
        licensee to drive a vehicle on a highway; emergency service means-

   (a)  an urban or rural fire brigade (including the Country Fire Authority)
        within the meaning of the Country Fire Authority Act 1958; or

   (b)  a metropolitan fire brigade; or

   (c)  Ambulance Victoria (including the Metropolitan Ambulance Service and
        the Rural Ambulance Victoria); or

   (d)  the Victoria State Emergency Service within the meaning of the
        Victoria State Emergency Service Act 2005; or

   (e)  Victoria Police;

   (f)  an ambulance, fire, police or other emergency service of a
        participating jurisdiction; or

   (g)  a unit of the Defence Force corresponding to a service mentioned in
        paragraphs (a) to (f); exemption means an exemption in force under
        Part 16; food includes-

   (a)  a substance prepared or intended for human or animal consumption; and

   (b)  a substance (except dangerous goods) intended to be an ingredient of
        food; food packaging means-

   (a)  a receptacle that contains, or is designed or intended to contain,
        food; or

   (b)  material designed or intended to be used in a receptacle that is
        designed or intended to contain food; foreign approved, in relation to
        packaging, means packaging that has originated outside Australia and
        that has the markings required by Part 6 of the ADG Code for packaging
        of its type; freight container has the same meaning as it has in
        paragraph (a) of the definition of freight container in the
        Road Safety Act 1986; Note The definition of freight container in
        paragraph (a) of the definition in the Road Safety Act 1986 means a
        re-useable container of the kind mentioned in Australian/New Zealand
        Standard AS/NZS 3711.1:2000 that is designed for repeated use for the
        transport of goods by one or more modes of transport. hose assembly
        means a hose, or hoses connected together, for use in the transfer of
        dangerous goods to or from a tank on a vehicle, portable tank or
        storage receptacle and includes-

   (a)  if there are 2 or more hoses connected together, the connections
        between the hoses; and

   (b)  the attachment connecting the hose or hoses to the tank; and

   (c)  anything else (except the vehicle, portable tank or storage
        receptacle) attached to the hose or hoses; IBC or intermediate bulk
        container has the meaning given by regulation 11; incompatible, in
        relation to dangerous goods or other goods, has the meaning given by
        regulation 43; inner packaging, in relation to dangerous goods for
        which outer packaging is required if the goods are to be transported,
        means any packaging that is, or that is to be, contained or protected
        by the outer packaging; jurisdiction means the Commonwealth or a State
        or Territory; large packaging means outer packaging that-

   (a)  is designed for mechanical handling; and

   (b)  has a capacity of not more than 3 m3; and

   (c)  is intended to contain articles or inner packaging with-

   (i)  a net mass of more than 400 kg; or

   (ii) capacities totalling more than 450 litres; licence label means a
        dangerous goods vehicle licence label issued under regulation 214;
        licensed vehicle means a vehicle for which a dangerous goods vehicle
        licence is in force; licensing authority has the meaning given in
        regulation 189; load (noun) has the meaning given by regulation 16;
        loads (verb) and loader have the meanings given by regulation 21; MEGC
        or multiple-element gas container has the meaning given by regulation
        12; multimodal means applicable to, or suitable for use on, more than
        one mode of transport; NATA means the National Association of Testing
        Authorities, Australia; outer packaging, in relation to dangerous
        goods, means external packaging (including absorbent materials,
        cushioning and any other components) necessary to contain and protect-

   (a)  articles; or

   (b)  receptacles in composite packaging (as that packaging is defined in
        section 1.2.1.1 of the ADG Code); or

   (c)  inner packaging in combination packaging (as that packaging is defined
        in section 1.2.1.1 of the ADG Code); overpack, in relation to the
        transport of dangerous goods, means packaging (other than large
        packaging) used to hold and consolidate packages into a single unit
        for easier handling and stowage; Example A pallet, together with
        strapping or shrink wrapping, designed to hold packages; a box or
        crate into which packages are placed. owner, of a vehicle, has the
        meaning given by regulation 18; package has the meaning given by
        regulation 51(1); packs and packer has the meaning given by regulation
        20; packaging has the meaning given by regulation 51(2) and includes
        inner outer and composite packaging, overpacks, large packaging, IBCs,
        MEGCs, tanks (including the tank of a tank vehicle), bulk and freight
        containers, drums, barrels, jerry cans, boxes and bags; packed in
        limited quantities has the meaning given by regulation 13; Packing
        Group has the meaning given by regulation 42;

participating jurisdiction means-

   (a)  the State of Victoria; and

   (b)  another State or Territory that has a law corresponding or
        substantially corresponding to these Regulations; person connected
        with Victoria has the meaning given by regulation 17; placard load has
        the meaning given under regulation 84; placards has the meaning given
        by regulation 85(1); portable tank means a multimodal tank that-

   (a)  is designed primarily to be loaded on to a vehicle or ship; and

   (b)  has a capacity of more than 450 litres; and

   (c)  is equipped with skids, mountings, stabilisers and accessories to
        facilitate mechanical handling; and

   (d)  is capable of being loaded and unloaded without removing its service
        or structural equipment; and

   (e)  is capable of being lifted when full; pressure drum means a welded
        transportable pressure receptacle of a capacity exceeding 150 litres
        and of not more than 1000 litres; prime contractor has the meaning
        given by regulation 22(1); prime mover means a road vehicle that is
        designed to tow a trailer but does not include a vehicle that has a
        load carrying capacity in addition to a trailer; rail authority, in
        respect of a train on a railway, means the person or body (whether or
        not a public authority) that is responsible for the care, control or
        management of the railway; rail operator has the meaning given by
        regulation 22(2); receptacle, in relation to a substance or article,
        means a container that is-

   (a)  used for receiving and holding the substance or article (including
        anything that enables the container to be closed); and

   (b)  in contact with the substance or article; registered, in relation to a
        vehicle, means registered under a Commonwealth, State or Territory
        law; risk means risk of personal injury, death, property damage or
        harm to the environment; road and road-related area have the meanings
        given by regulation 14; service equipment, in relation to a tank or
        MEGC, has the meaning given in section 6.7.2.1, 6.7.3.1, 6.7.4.1 or
        6.7.5.1, as the case requires, of the ADG Code; structural equipment,
        in relation to a tank or MEGC, has the meaning given in section
        6.7.2.1, 6.7.3.1, 6.7.4.1 or 6.7.5.1, as the case requires, of the ADG
        Code; subsidiary risk has the meaning given by regulation 41; tank has
        the meaning given by regulation 15;

tank vehicle means a vehicle-

   (a)  of which a tank forms part; or

   (b)  to which a tank (other than a portable tank) is attached; the Act
        means the Dangerous Goods Act 1985; train means 2 or more units of
        rolling stock (at least 1 unit of which is a locomotive or
        self-propelled unit) that are coupled together; Example Rail wagon,
        rail tank wagon, locomotive, guard's van, crew or passenger carriage
        and track maintenance vehicle are units of rolling stock. transport,
        in relation to dangerous goods, includes-

   (a)  the packing, loading and unloading of the goods, and the transfer of
        the goods to or from a vehicle, for the purpose of their transport;
        and

   (b)  the marking of packages containing dangerous goods, and the placarding
        of transport units in or on which dangerous goods are transported; and

   (c)  other matters incidental to their transport; transport documentation
        means documentation that complies with Chapter 11.1 of the ADG Code;
        transport unit means- (a) a vehicle; or (b) a portable tank; or (c) a
        bulk container; or (d) a freight container; tube means a seamless
        transportable pressure receptacle of a capacity exceeding 150 litres
        but not more than 3000 litres; UN Number has the same meaning as in
        the ADG Code.