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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Dangerous Goods (Transport) Bill 1998
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
3. Interpretation (Cwlth s 6) 2
4. Reviews of decisions under this Act (Cwlth s 5) 4
5. Application of Acts Interpretation Act 1901 (Cwlth)
(Cwlth s 9) 5
6. Scope of this Act (Cwlth s 10) 5
7. Crown bound (Cwlth s 7) 6
Part 2 -- Regulations
8. Power to make (Cwlth s 11) 7
9. Penalties (Cwlth s 12) 10
Part 3 -- Competent Authorities and
authorized officers
10 . Appointment of Competent Authorities (Cwlth s 13) 11
11 . Appointment of authorized officers (Cwlth s 14) 11
12 . Identification cards (Cwlth s 15) 11
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No. 141 -- 1
Dangerous Goods (Transport) Bill 1998
13 . Return of identification cards (Cwlth s 16) 12
14 . Competent Authority may delegate powers
(Cwlth s 17) 12
15 . General powers of authorized officers (Cwlth s 18) 12
16 . Authorized officer may require name and address
(Cwlth s 19) 15
17 . Powers of authorized officer where offence
suspected (Cwlth s 20) 15
18 . Authorized officer to restore vehicle or equipment
to original condition after inspection (Cwlth s 21) 16
19 . Offence to fail to comply with a direction
(Cwlth s 22) 16
20 . Self incrimination no excuse (Cwlth s 23) 17
21 . Obtaining a warrant (Cwlth s 24) 17
22 . Warrants may be issued by telephone or fax
(Cwlth s 25) 19
23 . Availability of assistance and use of force in
executing a warrant (Cwlth s 26) 21
24 . Search and seizure etc. of other evidence
(Cwlth s 27) 21
25 . Notice to remedy contravention (Cwlth s 28) 21
26 . Notice to eliminate or minimize danger (Cwlth s 29) 23
27 . Review of notices (Cwlth s 30) 24
28 . Preventing injury and damage by direct action
(Cwlth s 31) 24
Part 4 -- Exemptions
29 . Exemptions (Cwlth s 32) 25
30 . Variation and cancellation of exemptions and
conditions (Cwlth s 33) 27
31 . Review of exemptions etc. (Cwlth s 33A) 27
32 . Application orders and emergency orders
(Cwlth s 34) 28
page ii
Dangerous Goods (Transport) Bill 1998
Part 5 -- Offences, penalties, evidence and
procedure
33 . Failure to hold licence etc. (Cwlth s 35) 29
34 . Goods too dangerous to be transported (Cwlth s 36) 30
35 . Duties concerning the transport of dangerous goods
(Cwlth s 37) 30
36 . Infringement notices (Cwlth s 38) 31
37 . Proceedings for an offence (Cwlth s 39) 32
38 . Evidence (Cwlth s 40) 32
39 . Use of codes of practice etc. in proceedings
(Cwlth s 41) 34
40 . Conduct of company directors, employees or agents
(Cwlth s 42) 35
Part 6 -- Miscellaneous
41 . Recovery of costs from convicted person
(Cwlth s 43) 38
42 . Recovery of costs of government action
(Cwlth s 44) 38
43 . Prohibiting a person from involvement in the
dangerous goods transport industry (Cwlth s 45) 40
44 . Forfeiture (Cwlth s 46) 40
45 . Delegation (Cwlth s 47) 41
46 . Protection from liability (Cwlth s 48) 41
47 . Assistance in emergencies or accidents (Cwlth s 49) 41
48 . Minister to notify adoption of code etc. (Cwlth s 50) 42
page iii
Western Australia
LEGISLATIVE COUNCIL
Dangerous Goods (Transport) Bill 1998
A Bill for
An Act to provide for the safe transport of dangerous goods by
vehicles.
The Parliament of Western Australia enacts as follows:
page 1
Dangerous Goods (Transport) Bill 1998
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This Act may be cited as the Dangerous Goods (Transport)
Act 1998.
5 2. Commencement
This Act comes into operation on such day as is fixed by
proclamation.
3. Interpretation (Cwlth s 6)
In this Act, unless the contrary intention appears --
10 "authorized officer" means an authorized officer appointed
under section 11;
"Competent Authority" means a Competent Authority
appointed under section 10;
"dangerous goods" means --
15 (a) a substance or article prescribed as dangerous goods;
or
(b) a substance or article determined by a Competent
Authority in accordance with the regulations to be
dangerous goods;
20 "dangerous situation" means a situation involving the transport
of dangerous goods that is causing or is likely to cause
imminent risk of death or injury to a person, or harm to the
environment or to property;
"Gazette" means the Government Gazette of Western Australia
25 printed and published, or purporting to be printed and
published, by the Government Printer and includes any
supplement to the Gazette;
page 2
Dangerous Goods (Transport) Bill 1998
Preliminary Part 1
s. 3
"government authority" means --
(a) a department of the Public Service;
(b) a body, whether corporate or unincorporate, or the
holder of an office, post or position, being a body,
5 office, post or position that is established or continued
for a public purpose under a written law;
(c) a local government;
(d) a Competent Authority;
"involvement in the transport of dangerous goods"
10 includes --
(a) importing, or arranging for the importation of,
dangerous goods into Western Australia;
(b) marking packages and unit loads containing
dangerous goods for transport, and placarding
15 containers and vehicles in which dangerous goods are
transported;
(c) consigning dangerous goods for transport;
(d) loading dangerous goods onto a vehicle, or into a
container that is to be put on a vehicle, for transport
20 or unloading dangerous goods that have been
transported;
(e) undertaking, or being responsible for, otherwise than
as an employee or sub-contractor, the transport of
dangerous goods;
25 (f) driving a vehicle carrying dangerous goods;
(g) being the consignee of dangerous goods for transport;
and
page 3
Dangerous Goods (Transport) Bill 1998
Part 1 Preliminary
s. 4
(h) being involved as a director, secretary or manager of a
body corporate, or other person who takes part in the
management of a body corporate, that takes part in an
activity covered by this definition;
5 "Minister" has the same definition as in the Interpretation
Act 1984;
"offence" means an offence against this Act;
"premises" includes a structure, whether permanent or
temporary, and land, but does not include a vehicle;
10 "transport", in relation to dangerous goods, means the
transport of the goods by vehicle and 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;
15 (b) the marking of packages and unit loads containing
dangerous goods, and the placarding of containers
and vehicles in which dangerous goods are
transported; and
(c) other matters incidental to their transport;
20 "vehicle" means any thing used or capable of being used to
transport people or things by air, road, rail or water and it
does not matter how any such thing is moved or propelled.
Note: The references in section headnotes to Commonwealth sections are references to
sections in the Road Transport Reform (Dangerous Goods) Act 1995 (Cwlth) as
25 amended by the Road Transport Reform (Dangerous Goods) Amendment
Act 1997 (Cwlth).]
4. Reviews of decisions under this Act (Cwlth s 5)
Applications for review of decisions under this Act are to be
made to a Local Court.
page 4
Dangerous Goods (Transport) Bill 1998
Preliminary Part 1
s. 5
5. Application of Acts Interpretation Act 1901 (Cwlth)
(Cwlth s 9)
(1) Unless the contrary intention appears, the Acts Interpretation
Act 1901 of the Commonwealth applies to the interpretation of
5 this Act.
(2) The Interpretation Act 1984 applies to the interpretation of this
Act to the extent that it can do so consistently with the
application of the Acts Interpretation Act 1901 of the
Commonwealth to the interpretation of this Act.
10 6. Scope of this Act (Cwlth s 10)
(1) This Act does not apply to dangerous goods that are in a
container that is designed to form part of, and forms part of, the
fuel or battery system of a vehicle's engine, auxiliary engine, fuel
burning appliance or other part of a vehicle's propulsion
15 equipment.
(2) Subject to subsection (3), if another written law relates to
dangerous goods that law applies in addition to this Act, unless
expressly provided otherwise.
(3) If a provision of this Act is inconsistent with a provision of
20 another written law --
(a) that relates to the storage and handling of dangerous
goods; and
(b) that does not relate to the transport of dangerous goods,
then the provision of the other written law prevails.
25 (4) If a provision of this Act is inconsistent with a provision of
another written law that relates to the transport of dangerous
goods of a category that is prescribed for the purposes of this
page 5
Dangerous Goods (Transport) Bill 1998
Part 1 Preliminary
s. 7
subsection by regulations under this Act, then the provision of
the other written law prevails.
7. Crown bound (Cwlth s 7)
This Act binds the Crown in right of Western Australia and, so
5 far as the legislative power of Parliament permits, in all its other
capacities.
page 6
Dangerous Goods (Transport) Bill 1998
Regulations Part 2
s. 8
Part 2 -- Regulations
8. Power to make (Cwlth s 11)
(1) The Governor may make regulations prescribing matters --
(a) required or permitted to be prescribed by this Act; or
5 (b) necessary or convenient to be prescribed for carrying out
or giving effect to this Act.
(2) In particular, the regulations may make provision relating to the
following:
(a) types and categories of dangerous goods and methods
10 for deciding types and categories of dangerous goods;
(b) the determination by a Competent Authority of which
goods are dangerous goods or dangerous goods of a
particular type, or are too dangerous to be transported or
too dangerous to be transported in bulk;
15 (c) the analysis and testing of dangerous goods;
(d) goods too dangerous to be transported or too dangerous
to be transported in bulk;
(e) fees that are to be paid for things done under this Act;
(f) the marking of packages and unit loads containing
20 dangerous goods for transport and the placarding of
containers and vehicles in which dangerous goods are
transported;
(g) containers and packaging used in the transport of
dangerous goods;
25 (h) the manufacture of vehicles and containers for use in the
transport of dangerous goods;
page 7
Dangerous Goods (Transport) Bill 1998
Part 2 Regulations
s. 8
(i) voluntary accreditation schemes, including privileges to
be accorded or sanctions to be imposed under the
schemes and the cancellation or suspension of the
schemes;
5 (j) the loading of dangerous goods for, and the unloading of
dangerous goods after, their transport;
(k) the determination by a Competent Authority of routes
along which, the areas in which and the times during
which dangerous goods may or may not be transported;
10 (l) procedures for the transport of dangerous goods,
including but not limited to --
(i) the quantities and circumstances in which
dangerous goods, or particular types of
dangerous goods, may be transported; and
15 (ii) safety procedures and equipment;
(m) the licensing of --
(i) vehicles and drivers for the purposes of the
transport of dangerous goods; and
(ii) people responsible for the transport of dangerous
20 goods or for vehicles used in that transport;
(n) the mandatory accreditation of people involved in the
transport of dangerous goods or particular aspects of
that transport;
(o) the approval by a Competent Authority of the form in
25 which applications are to be made to the Authority, and
the form in which documents are to be issued by the
Authority, for the purposes of the regulations;
page 8
Dangerous Goods (Transport) Bill 1998
Regulations Part 2
s. 8
(p) the approval by a Competent Authority of --
(i) packages, containers, equipment and other items
used in relation to the transport of dangerous
goods; and
5 (ii) facilities for and methods of testing or using
packages, containers, equipment and other items
used, and processes carried out, in relation to the
transport of dangerous goods;
(q) documents required to be prepared or kept by people
10 involved in the transport of dangerous goods and the
approval by a Competent Authority of alternative
documentation;
(r) obligations arising, and procedures to be followed, in the
event of a dangerous situation in relation to the transport
15 of dangerous goods;
(s) the training and qualifications required of authorized
officers and other people performing functions under this
Act;
(t) the training and qualifications required of people
20 involved in, and the approval of training courses and
qualifications relating to involvement in, the transport of
dangerous goods;
(u) the recognition of laws of other jurisdictions relating to
the transport of dangerous goods and of things done
25 under those laws, and the giving effect to those things;
(v) the review of decisions under this Act;
(w) infringement notices, and documents and costs relating
to infringement notices.
(3) The regulations may apply, adopt or incorporate any or all of the
30 provisions of a code, standard or rule relating to dangerous
page 9
Dangerous Goods (Transport) Bill 1998
Part 2 Regulations
s. 9
goods or to the transport of dangerous goods and those
provisions may be applied, adopted or incorporated as they
currently exist, as amended by the regulations, or as amended
from time to time.
5 (4) The regulations may --
(a) prescribe a substance or article as being dangerous
goods; or
(b) prescribe various types of dangerous goods, including
goods that are too dangerous to be transported, and
10 methods for deciding which dangerous goods fall into
each type,
by reference to such a code, standard or rule.
(5) A reference in this section to a code, standard or rule includes a
reference to one that is made outside Australia.
15 9. Penalties (Cwlth s 12)
The regulations may create offences, and may provide for a
maximum penalty, not exceeding $3 000 for an individual or
$15 000 for a body corporate, for each offence.
page 10
Dangerous Goods (Transport) Bill 1998
Competent Authorities and authorized officers Part 3
s. 10
Part 3 -- Competent Authorities and authorized
officers
10. Appointment of Competent Authorities (Cwlth s 13)
(1) The Minister may, by notice in the Gazette, appoint Competent
5 Authorities.
(2) A Competent Authority --
(a) may exercise all the powers and perform all the functions
of an authorized officer; and
(b) when exercising those powers or performing those
10 functions, has all the immunities of an authorized officer.
11. Appointment of authorized officers (Cwlth s 14)
(1) A Competent Authority may, by notice in the Gazette, appoint
people, or a class of people, to be authorized officers.
(2) In appointing authorized officers, a Competent Authority may
15 specify that the appointment is subject to conditions or
restrictions relating to --
(a) the powers that are exercisable by those officers; or
(b) when, where and in what circumstances those officers
may exercise powers.
20 (3) A Competent Authority may issue identification cards containing
prescribed details to authorized officers.
12. Identification cards (Cwlth s 15)
(1) Each authorized officer who is not a police officer must --
(a) carry his or her identification card while carrying out
25 duties under this Act; and
page 11
Dangerous Goods (Transport) Bill 1998
Part 3 Competent Authorities and authorized officers
s. 13
(b) if it is practicable, produce it before exercising a power
of an authorized officer under this Act.
(2) A police officer who is exercising or about to exercise a power
of an authorized officer under this Act must, if practicable,
5 comply with a request to identify himself or herself by --
(a) producing the officer's police identification, or
authorized officer identification card (if issued); or
(b) stating orally or in writing the officer's name, rank and
place of duty, or the officer's identification number.
10 13. Return of identification cards (Cwlth s 16)
(1) A person who has been issued with an identification card and
who stops being an authorized officer must return his or her
identification card to the appropriate Competent Authority as
soon as practicable.
15 (2) A person must not contravene subsection (1) without reasonable
excuse.
Penalty: $100.
14. Competent Authority may delegate powers (Cwlth s 17)
A Competent Authority may, by signed instrument, delegate any
20 of his or her powers under this Act, other than the power of
appointment under section 11 and this power of delegation, to
authorized officers.
15. General powers of authorized officers (Cwlth s 18)
(1) An authorized officer may, to find out whether this Act is being
25 complied with, enter and search premises if the authorized
officer believes on reasonable grounds that he or she will find a
thing that has been, is being or is likely to be used in relation to
the transport of dangerous goods; but if premises are unattended
page 12
Dangerous Goods (Transport) Bill 1998
Competent Authorities and authorized officers Part 3
s. 15
or are a residence, the authorized officer may only enter if the
occupier consents.
(2) An authorized officer may enter and search premises, whether
attended or not and whether or not a residence, if he or she
5 believes on reasonable grounds that a dangerous situation exists
as a result of anything occurring at the premises in relation to the
transport of dangerous goods.
(3) If an authorized officer believes on reasonable grounds that a
vehicle has been, is being or is likely to be used for the transport
10 of dangerous goods, the officer may, to find out whether this Act
is being complied with --
(a) stop or detain the vehicle or cause the vehicle to be
stopped or detained; and
(b) search the vehicle for dangerous goods or for
15 documents, equipment or other things relating to the
transport of dangerous goods.
(4) If an authorized officer believes on reasonable grounds that a
vehicle or equipment has been, is being or is likely to be used in
relation to the transport of dangerous goods, the officer may, to
20 find out whether this Act is being complied with, direct a person
in charge or apparently in charge of the vehicle or equipment to
move the vehicle or equipment, or to cause it to be moved, to a
suitable location for inspection.
(5) If the inspection is not to take place immediately, the direction
25 must be given by notice in writing specifying the time, date and
location for the inspection.
(6) An authorized officer may carry out an inspection of the kind
referred to in subsection (4) without notice if the authorized
officer believes on reasonable grounds that a dangerous situation
30 exists.
page 13
Dangerous Goods (Transport) Bill 1998
Part 3 Competent Authorities and authorized officers
s. 15
(7) An authorized officer may, to find out whether this Act is being
complied with, take samples, or direct a person in charge of
premises or a vehicle or equipment referred to in subsection (1),
(2), (3) or (4) or another person capable of doing so to give
5 samples of a substance for examination and testing if the
authorized officer believes on reasonable grounds that the
substance is dangerous goods, ingredients of dangerous goods or
goods that have been transported together with dangerous
goods. The authorized officer must give a receipt in a form
10 approved by a Competent Authority.
(8) An authorized officer may, to find out whether this Act is being
complied with, direct a person in charge of premises or a vehicle
or equipment referred to in subsection (1), (2), (3) or (4) to
produce documents.
15 (9) The authorized officer may make copies of the documents, or
remove them to make copies, but if they are removed the
authorized officer must --
(a) if it is practicable to do so, allow the person otherwise
entitled to possession of the documents reasonable
20 access to them; and
(b) give a receipt in a form approved by a Competent
Authority.
(10) An authorized officer may, to find out whether this Act is being
complied with, leave at premises written directions to the
25 occupier requiring the occupier, within a specified time --
(a) to give samples of a substance the authorized officer
believes on reasonable grounds to be dangerous goods,
or ingredients of dangerous goods, for examination and
testing; or
30 (b) to produce documents that may help the authorized
officer.
page 14
Dangerous Goods (Transport) Bill 1998
Competent Authorities and authorized officers Part 3
s. 16
(11) An authorized officer may, in order to find out whether this Act
is being complied with, direct a person to answer questions that
may help the authorized officer.
(12) An authorized officer may make photographic, mechanical or
5 electronic recordings for a purpose incidental to the exercise of a
power of the authorized officer under this section.
16. Authorized officer may require name and address
(Cwlth s 19)
(1) An authorized officer may require a person to state the person's
10 name and address if the authorized officer believes on reasonable
grounds that the person has been involved in the transport of
dangerous goods.
(2) When making the requirement, the authorized officer must warn
the person that it is an offence to fail to state the person's name
15 and address unless the person has a reasonable excuse.
(3) The authorized officer may require the person to give evidence
of the correctness of the stated name or address if the authorized
officer suspects on reasonable grounds that the stated name or
address is false.
20 (4) A person must comply with the authorized officer's requirement
under subsection (1) or (3) unless the person has a reasonable
excuse for not complying with it.
Penalty: $500.
17. Powers of authorized officer where offence suspected
25 (Cwlth s 20)
(1) This section applies if an authorized officer believes on
reasonable grounds that he or she will find evidence of an
page 15
Dangerous Goods (Transport) Bill 1998
Part 3 Competent Authorities and authorized officers
s. 18
offence at premises, including on a vehicle or equipment at the
premises.
(2) The authorized officer may enter the premises and search for or
test the evidence.
5 (3) If the premises are unattended or are a residence, the authorized
officer may only enter with the consent of the occupier of the
premises or with the authority of a warrant issued under
section 21.
(4) The authorized officer may direct a person in charge or
10 apparently in charge of the premises, vehicle or equipment or
another person capable of doing so to give samples of a
substance for examination and testing.
18. Authorized officer to restore vehicle or equipment to
original condition after inspection (Cwlth s 21)
15 After inspecting premises, a vehicle or equipment under
section 15 or 17, the authorized officer must take reasonable
steps to return the premises, vehicle or equipment to the
condition they were in immediately before the inspection.
19. Offence to fail to comply with a direction (Cwlth s 22)
20 A person who --
(a) without reasonable excuse, fails to comply with a
direction made by an authorized officer in accordance
with section 15 or 17;
(b) without reasonable excuse, obstructs an authorized
25 officer or a person assisting an authorized officer in the
exercise of a power of the authorized officer; or
page 16
Dangerous Goods (Transport) Bill 1998
Competent Authorities and authorized officers Part 3
s. 20
(c) gives to an authorized officer who is exercising such a
power information that the person knows to be false or
misleading in a material particular,
is guilty of an offence.
5 Penalty: For an individual, $10 000 or imprisonment for
6 months or both.
For a body corporate, $50 000.
20. Self incrimination no excuse (Cwlth s 23)
A person is not excused from answering a question asked under
10 section 15 on the ground that the answer to the question might
tend to incriminate the person, but except for a corporation --
(a) the answer to the question; or
(b) any information, document or thing obtained as a direct
or indirect consequence of the answer to the question,
15 is not admissible in evidence against the person in criminal
proceedings other than proceedings for an offence against
section 19.
21. Obtaining a warrant (Cwlth s 24)
(1) If an authorized officer believes on reasonable grounds that there
20 is, or there will be in the next 72 hours, evidence of an offence at
a residence, at unattended premises or at an unattended vehicle
or equipment, the authorized officer may apply to a magistrate
for a warrant authorizing him or her to enter the premises,
vehicle or equipment and seize the evidence.
page 17
Dangerous Goods (Transport) Bill 1998
Part 3 Competent Authorities and authorized officers
s. 21
(2) The application must be made by information on oath, and must
include --
(a) the purpose for which the warrant is to be issued and the
nature of the offence the authorized officer suspects has
5 been or is likely to be committed;
(b) a description of the residence, premises, vehicle or
equipment;
(c) the type of evidence to be searched for and seized;
(d) whether consent to enter the residence, premises, vehicle
10 or equipment has been sought, and whether --
(i) consent has been refused or withdrawn; or
(ii) consent has been unable to be obtained after
reasonable efforts have been made to obtain it;
(e) if the officer assumes that consent will not be given if it is
15 sought -- the grounds on which that assumption was
made;
(f) whether the powers authorized by the warrant will need
to be exercised at any time of the day or night or
between specified hours; and
20 (g) the period for which the authorized officer believes the
warrant needs to remain in force.
(3) The magistrate must not issue a warrant unless he or she is
satisfied that there are reasonable grounds for doing so.
(4) If the magistrate decides to issue a warrant, the magistrate must
25 state in the warrant --
(a) the name of the authorized officer to whom it is directed;
(b) the purpose for which the warrant is issued and the
nature of the offence the authorized officer suspects has
been, is being or will be committed;
page 18
Dangerous Goods (Transport) Bill 1998
Competent Authorities and authorized officers Part 3
s. 22
(c) a description of the residence, premises, vehicle or
equipment;
(d) the type of evidence to be searched for and seized;
(e) whether the powers authorized by the warrant may be
5 exercised at any time of the day or night or between
specified hours; and
(f) the period for which the warrant is to remain in force
(not exceeding 7 days).
22. Warrants may be issued by telephone or fax (Cwlth s 25)
10 (1) An authorized officer may make an application to a magistrate
for a warrant by telephone, facsimile or other electronic
means --
(a) in an urgent case; or
(b) if the delay that would occur if an application were made
15 in person would frustrate the effective execution of the
warrant.
(2) The magistrate may require communication by voice with the
applicant to the extent that is practicable in the circumstances.
(3) An application under this section must include all information
20 required to be given in an application for a warrant under
section 21, but the application may, if necessary, be made before
the information is sworn.
(4) If --
(a) an application is made under this section;
25 (b) the magistrate has considered the information in the
application and any further information the magistrate
requires; and
page 19
Dangerous Goods (Transport) Bill 1998
Part 3 Competent Authorities and authorized officers
s. 22
(c) the magistrate is satisfied that the delay that would occur
if an application were made in person would frustrate the
effective execution of the warrant,
the magistrate may complete and sign the same form of warrant
5 that would be issued under section 21.
(5) If the magistrate decides to issue the warrant, the magistrate
must inform the applicant, by telephone, facsimile or other
electronic means, of the terms of the warrant and the day on
which and the time at which it was signed.
10 (6) If the information referred to in subsection (3) was not sworn,
the authorized officer must, not later than the day after the day
of expiry of the warrant or the day after the day on which the
warrant was executed, whichever is the earlier, give to the
magistrate the information duly sworn.
15 (7) The magistrate must attach to the documents given under
subsection (6) the form of warrant completed by the magistrate.
(8) If it is material, in any proceedings, for a court to be satisfied
that the exercise of a power under a warrant issued under this
section was duly authorized, the court must assume, unless the
20 contrary is proved, that the exercise of the power was not duly
authorized unless the form of warrant signed by the magistrate is
produced in evidence.
(9) If an application for a warrant is made under this section,
section 21 applies as if --
25 (a) section 21(1) referred to 48 hours rather than 72 hours;
and
(b) section 21(4)(f) referred to 48 hours rather than 7 days.
page 20
Dangerous Goods (Transport) Bill 1998
Competent Authorities and authorized officers Part 3
s. 23
23. Availability of assistance and use of force in executing a
warrant (Cwlth s 26)
(1) A warrant may authorize a police officer to assist in executing
the warrant.
5 (2) In executing a warrant, an authorized officer or a police officer
assisting may use such force as is necessary and reasonable in the
circumstances.
24. Search and seizure etc. of other evidence (Cwlth s 27)
If, in the course of searching under this Act, an authorized
10 officer finds things (other than things specified in a warrant
under this Act) that the authorized officer believes on reasonable
grounds --
(a) would constitute evidence of an offence; and
(b) would be concealed, lost or destroyed, or used in
15 committing an offence, if the officer did not seize them,
the authorized officer may --
(c) seize the things; or
(d) do whatever is necessary to preserve the evidence,
including placing a seal, lock or guard.
20 25. Notice to remedy contravention (Cwlth s 28)
(1) If an authorized officer believes on reasonable grounds that a
person --
(a) is contravening this Act; or
(b) has contravened this Act in circumstances that make it
25 likely that the contravention will be repeated,
the authorized officer may give the person a notice requiring the
person to remedy the matters causing the contravention.
page 21
Dangerous Goods (Transport) Bill 1998
Part 3 Competent Authorities and authorized officers
s. 25
(2) A notice under this section must --
(a) be in writing;
(b) state the name of the person to whom it is directed;
(c) state that the authorized officer believes that the person
5 to whom the notice is directed --
(i) is contravening a provision of this Act; or
(ii) has contravened a provision of this Act in
circumstances that make it likely that the
contravention will be repeated;
10 (d) state the grounds on which the belief is based;
(e) specify the provision of this Act; and
(f) specify a day by which the matters referred to in the
notice must be remedied.
(3) An authorized officer may include in a notice under this section
15 directions as to the measures to be taken to remedy the
contravention, or to avoid further contravention of, this Act.
(4) A notice under this section that relates to a vehicle may be given
by placing it securely on the vehicle in a conspicuous position.
(5) A person who --
20 (a) contravenes a notice under this section; or
(b) removes a notice under this section from a vehicle before
the matters causing the contravention have been
remedied (unless it is necessary to do so to remedy the
matters),
25 is guilty of an offence.
Penalty: For an individual, $10 000.
For a body corporate, $50 000.
page 22
Dangerous Goods (Transport) Bill 1998
Competent Authorities and authorized officers Part 3
s. 26
26. Notice to eliminate or minimize danger (Cwlth s 29)
(1) If an authorized officer believes on reasonable grounds that --
(a) a dangerous situation exists; and
(b) a person is in a position to take measures to avert,
5 eliminate or minimize the danger,
the authorized officer may issue a notice requiring the person to
take those measures.
(2) A notice under this section must --
(a) be in writing;
10 (b) state the name of the person to whom it is directed;
(c) identify the situation that, in the authorized officer's
opinion, is causing the danger;
(d) state the grounds on which the belief is based;
(e) specify the measures to be taken; and
15 (f) specify a day by which the measures are to be taken.
(3) A notice under this section that relates to a vehicle may be given
by placing it securely on the vehicle in a conspicuous position.
(4) A person who --
(a) contravenes a notice under this section; or
20 (b) removes a notice under this section from a vehicle before
measures have been taken to avert, eliminate or minimize
the danger (unless it is necessary to do so to avert,
eliminate or minimize the danger),
is guilty of an offence.
25 Penalty: For an individual, $10 000.
For a body corporate, $50 000.
page 23
Dangerous Goods (Transport) Bill 1998
Part 3 Competent Authorities and authorized officers
s. 27
27. Review of notices (Cwlth s 30)
A person to whom a notice under section 25 or 26 is directed
may apply for a review of the decision to issue the notice.
28. Preventing injury and damage by direct action
5 (Cwlth s 31)
If --
(a) an authorized officer believes on reasonable grounds that
a dangerous situation exists; and
(b) either --
10 (i) a person to whom a notice under section 25 or 26
has been given has not complied with the notice;
or
(ii) giving such a notice to a person would not be
appropriate to avert, eliminate or minimize the
15 danger,
the authorized officer may take or cause to be taken any action
he or she believes on reasonable grounds to be necessary to
avert, eliminate or minimize the danger.
page 24
Dangerous Goods (Transport) Bill 1998
Exemptions Part 4
s. 29
Part 4 -- Exemptions
29. Exemptions (Cwlth s 32)
(1) A person or a representative of a class of people may apply to a
Competent Authority for an exemption from compliance with a
5 provision of the regulations in relation to the transport of
particular dangerous goods.
(2) A Competent Authority may exempt the person or class of
people from compliance with the provision if he or she is
satisfied that --
10 (a) it is not reasonably practicable for the person or people
to comply with the provision; and
(b) granting the exemption --
(i) would not be likely to create a risk of death or
injury to a person, or harm to the environment or
15 to property, greater than that which would be the
case if the person or people were required to
comply; and
(ii) would not cause unnecessary administrative or
enforcement difficulties, particularly with respect
20 to maintaining national uniformity of laws relating
to the transport of dangerous goods.
(3) An exemption may be subject to conditions.
(4) If a Competent Authority grants an exemption to one person, he
or she must send a notice to the person stating --
25 (a) the provisions of the regulations that are the subject of
the exemption;
(b) the dangerous goods to which the exemption applies;
page 25
Dangerous Goods (Transport) Bill 1998
Part 4 Exemptions
s. 29
(c) the period of time for which the exemption remains in
force;
(d) the conditions to which the exemption is subject; and
(e) the geographical area for which the exemption is valid.
5 (5) If a Competent Authority --
(a) grants an exemption to a class of people; or
(b) grants an exemption that is to remain in force for longer
than 6 months,
the Competent Authority must place a notice in the Gazette
10 specifying all the details in subsection (4) and the person or class
of people to which the exemption applies.
(6) A person who fails to comply with conditions to which an
exemption is subject is guilty of an offence.
Penalty: For an individual, $10 000 or imprisonment for
15 6 months or both.
For a body corporate, $50 000.
(7) If an exemption is granted to one person, the person must keep a
copy of the notice of exemption in the vehicle or premises to
which it applies.
20 (8) If a Competent Authority --
(a) grants an exemption to a class of people; or
(b) grants an exemption that is to remain in force for longer
than 6 months,
the Competent Authority must notify a Competent Authority of
25 each other State and of each Territory of the details of the
exemption.
page 26
Dangerous Goods (Transport) Bill 1998
Exemptions Part 4
s. 30
30. Variation and cancellation of exemptions and conditions
(Cwlth s 33)
(1) A Competent Authority may cancel an exemption if --
(a) he or she is satisfied that a condition to which the
5 exemption is subject has not been complied with; or
(b) he or she is no longer satisfied of the matters referred to
in section 29(2).
(2) An exemption granted to a person is to be varied or cancelled by
notice in writing given to the person, and the variation or
10 cancellation takes effect from the day on which the notice is
given, or from a later day specified in the notice.
(3) An exemption granted to a class of people is to be varied or
cancelled by notice published in the Gazette, and the variation or
cancellation takes effect on the day of publication, or from a
15 later day specified in the notice.
(4) A Competent Authority may vary or cancel conditions to which
the exemption is subject or impose new conditions.
31. Review of exemptions etc. (Cwlth s 33A)
If a Competent Authority --
20 (a) refuses to grant an exemption to a person or a class of
people;
(b) cancels an exemption granted to a person or a class of
people; or
(c) varies or cancels conditions to which an exemption
25 granted to a person or a class of people is subject or
imposes new conditions,
the person or a representative of the class of people may apply
for a review of the decision.
page 27
Dangerous Goods (Transport) Bill 1998
Part 4 Exemptions
s. 32
32. Application orders and emergency orders (Cwlth s 34)
(1) The Minister may order, by notice in the Gazette, that the
operation of the regulations, or of specified parts of the
regulations --
5 (a) is suspended for a specified period; or
(b) is varied in a manner specified by the Minister.
(2) An order that relates to the transport of dangerous goods by
road must be consistent with the provisions relating to
application orders and emergency orders in the agreements
10 scheduled to the National Road Transport Commission
Act 1991 of the Commonwealth.
(3) An order may have effect in relation to the whole jurisdiction or
to a specified area.
page 28
Dangerous Goods (Transport) Bill 1998
Offences, penalties, evidence and procedure Part 5
s. 33
Part 5 -- Offences, penalties, evidence and procedure
33. Failure to hold licence etc. (Cwlth s 35)
(1) A person must not use a vehicle to transport dangerous goods
(other than as the driver of the vehicle) if --
5 (a) the regulations require the vehicle to be licensed to
transport the goods; and
(b) the vehicle is not licensed under the regulations.
Penalty: For an individual, $50 000 or imprisonment for 2 years
or both.
10 For a body corporate, $250 000.
(2) A person must not employ, engage or permit another person to
drive a vehicle transporting dangerous goods if the other person
is required by the regulations to be licensed to drive the vehicle
and is not so licensed.
15 Penalty: For an individual, $50 000 or imprisonment for 2 years
or both.
For a body corporate, $250 000.
(3) A person must not drive a vehicle transporting dangerous goods
if --
20 (a) the regulations require the vehicle to be licensed to
transport the goods; and
(b) the vehicle is not licensed under the regulations.
Penalty: $10 000.
(4) A person who is required by the regulations to be accredited to
25 be involved in the transport of dangerous goods or a particular
aspect of that transport must not be so involved without being so
accredited.
page 29
Dangerous Goods (Transport) Bill 1998
Part 5 Offences, penalties, evidence and procedure
s. 34
Penalty: For an individual, $50 000 or imprisonment for 2 years
or both.
For a body corporate, $250 000.
(5) A person must not drive a vehicle transporting dangerous goods
5 if --
(a) the regulations require the person to be licensed to
transport the goods; and
(b) the person is not licensed under the regulations.
Penalty: $10 000.
10 34. Goods too dangerous to be transported (Cwlth s 36)
A person must not transport goods that the regulations identify
as being too dangerous to be transported.
Penalty: For an individual, $50 000 or imprisonment for 2 years
or both.
15 For a body corporate, $250 000.
35. Duties concerning the transport of dangerous goods
(Cwlth s 37)
(1) A person involved in the transport of dangerous goods who fails
to ensure, as far as is practicable, that the goods are transported
20 in a safe manner is guilty of an offence.
(2) If a person involved in the transport of dangerous goods fails to
comply with a provision of this Act in circumstances where the
person knew, or ought reasonably to have known, that the
failure would be likely to endanger the safety of another person
25 or of property or the environment, the person is guilty of an
offence.
page 30
Dangerous Goods (Transport) Bill 1998
Offences, penalties, evidence and procedure Part 5
s. 36
Penalty:
(a) if the failure results in death or serious injury to a
person --
(i) for an individual, $100 000 or imprisonment
5 for 4 years or both;
(ii) for a body corporate, $500 000;
(b) in any other case --
(i) for an individual, $50 000 or imprisonment for
2 years or both;
10 (ii) for a body corporate, $250 000.
36. Infringement notices (Cwlth s 38)
(1) The regulations may provide for a person to be served with an
infringement notice requiring payment of a fixed penalty for an
offence (not exceeding the penalty that would otherwise apply)
15 against the regulations as an alternative to prosecution in court
for the offence.
(2) The regulations must specify --
(a) the offences to which the alternative applies; and
(b) the time within which the penalty must be paid.
20 (3) A Competent Authority may withdraw an infringement notice by
serving a notice on the person on whom the infringement notice
was served.
(4) If a person pays the fixed penalty and any prescribed costs, and
the infringement notice is later withdrawn, the person is entitled
25 to a refund of the penalty.
page 31
Dangerous Goods (Transport) Bill 1998
Part 5 Offences, penalties, evidence and procedure
s. 37
(5) If a person pays the fixed penalty and any prescribed costs
within --
(a) the time specified in the infringement notice; or
(b) a longer period --
5 (i) specified in a reminder notice given to the person;
or
(ii) allowed by the person who issued the notice,
and before a summons is served on the person in respect
of the alleged offence,
10 a prosecution in court is not to be taken against the person for
the offence and a conviction must not be recorded against the
person for the offence.
(6) A prosecution may be taken or continued for the offence if --
(a) the person served with the infringement notice does not
15 pay the fixed penalty and any prescribed costs within the
period referred to in subsection (5); or
(b) the infringement notice is withdrawn.
37. Proceedings for an offence (Cwlth s 39)
A prosecution for an offence may be brought by an authorized
20 officer.
38. Evidence (Cwlth s 40)
(1) In a prosecution for an offence, if an authorized officer gives
evidence that he or she believes any of the matters referred to in
subsection (2), the court must, if --
25 (a) it considers the belief to be reasonable; and
(b) there is no evidence to the contrary,
accept the matter as proved.
page 32
Dangerous Goods (Transport) Bill 1998
Offences, penalties, evidence and procedure Part 5
s. 38
(2) The matters are:
(a) that dangerous goods described in shipping documents
carried in a vehicle were being carried in the vehicle;
(b) that particular goods were dangerous goods or
5 dangerous goods of a particular type;
(c) if markings or placards on or attached to a substance or
container indicated that the substance was or the
container contained particular dangerous goods -- that
the substance was or the container contained those
10 dangerous goods;
(d) if markings or placards on or attached to a vehicle or
equipment indicated that the vehicle or equipment was
being used to transport dangerous goods -- that the
vehicle or equipment was being used to transport those
15 dangerous goods;
(e) if markings or placards on or attached to a substance or
container indicated, in relation to the substance, the
container or the contents of the container, a particular
capacity, tare weight, origin, character, specification,
20 ownership or date of manufacture -- that the substance,
the container or the contents of the container had that
capacity, tare weight, origin, character, specification,
ownership or date of manufacture;
(f) if markings or placards on or attached to a vehicle or
25 container indicated in relation to the load of the vehicle
or the contents of the container, a particular quantity of
dangerous goods -- that the vehicle or container
contained that quantity of dangerous goods;
(g) that a person was not, at a particular time, accredited or
30 the holder of a licence relating to dangerous goods.
page 33
Dangerous Goods (Transport) Bill 1998
Part 5 Offences, penalties, evidence and procedure
s. 39
(3) A court may admit into evidence --
(a) a copy of a document made under section 15(9) and
certified by the authorized officer as being a true copy;
or
5 (b) a photographic, mechanical or electronic recording made
under section 15(12) and certified by the authorized
officer as being a true recording.
(4) A court may admit the following documents as evidence if they
appear to be signed by a Competent Authority or by a person
10 exercising powers delegated by a Competent Authority for the
relevant purpose:
(a) documents relating to whether a person is exempt from
certain requirements under section 29;
(b) documents relating to vehicles, equipment or other items
15 required by the regulations to be approved by a
Competent Authority;
(c) documents relating to accreditation or licensing by a
Competent Authority.
(5) The court must accept the documents as proof of the facts stated
20 in them if there is no evidence to the contrary.
(6) All courts must take judicial notice of the signature of a
Competent Authority on a document authorized or required to
be signed for the purposes of this Act.
39. Use of codes of practice etc. in proceedings (Cwlth s 41)
25 (1) This section applies to a code of practice, guideline or other
document that is approved by the Minister for the purpose of
providing practical guidance to people engaged in the transport
of dangerous goods.
page 34
Dangerous Goods (Transport) Bill 1998
Offences, penalties, evidence and procedure Part 5
s. 40
(2) If --
(a) in proceedings against a person for an offence, it is
alleged that a person contravened a provision of this Act;
(b) a code of practice, guideline or other document to which
5 this section applies specifies a means of complying with
the provision or with a requirement of the provision; and
(c) either --
(i) the code of practice, guideline or other document
has been published in the Gazette; or
10 (ii) copies of the code of practice, guideline or other
document are available for purchase or inspection
within the State,
then --
(d) the code of practice, guideline or other document is
15 admissible in the proceedings; and
(e) if the court is satisfied that, at the relevant time, the
person acted in accordance with the code of practice,
guideline or other document, the person is taken to have
complied with the provision or requirement.
20 40. Conduct of company directors, employees or agents
(Cwlth s 42)
(1) If, in proceedings for an offence, it is necessary to establish the
state of mind of a body corporate in relation to particular
conduct, it is sufficient to show --
25 (a) that the conduct was engaged in by a director, employee
or agent of the body corporate within the scope of his or
her actual or apparent authority; and
(b) that the director, employee or agent had the relevant
state of mind.
page 35
Dangerous Goods (Transport) Bill 1998
Part 5 Offences, penalties, evidence and procedure
s. 40
(2) For the purposes of a prosecution for an offence, conduct
engaged in on behalf of a body corporate by a director, employee
or agent of the body corporate within the scope of his or her
actual or apparent authority is taken to have been engaged in
5 also by the body corporate, unless the body corporate establishes
that it took reasonable precautions and exercised due diligence
to avoid the conduct.
(3) If, in proceedings for an offence, it is necessary to establish the
state of mind of a person other than a body corporate in relation
10 to particular conduct, it is sufficient to show --
(a) that the conduct was engaged in by an employee or agent
of the person within the scope of his or her actual or
apparent authority; and
(b) that the employee or agent had the relevant state of
15 mind.
(4) Conduct engaged in on behalf of a person other than a body
corporate (the "employer") by an employee or agent of the
person within the scope of his or her actual or apparent authority
is taken, for the purposes of a prosecution for an offence, to
20 have been engaged in also by the employer unless the employer
establishes that the employer took reasonable precautions and
exercised due diligence to avoid the conduct.
(5) If a body corporate commits an offence, a person who is a
director, secretary or manager of the body corporate or who is
25 otherwise concerned in the management of the body corporate is
liable to be punished as an individual who has been found guilty
of the offence unless the person satisfies the court that --
(a) the person did not know that the offence was committed;
(b) the person was not in a position to influence the conduct
30 of the body corporate in relation to the offence; or
page 36
Dangerous Goods (Transport) Bill 1998
Offences, penalties, evidence and procedure Part 5
s. 40
(c) the person took reasonable precautions and exercised
due diligence to prevent the commission of the offence.
(6) Despite anything in this Act, a person is not liable to be punished
by imprisonment for an offence if --
5 (a) a person other than a body corporate is convicted of an
offence; and
(b) the person would not have been convicted of the offence
if subsections (3), (4) and (5) had not been enacted.
(7) Proceedings for an offence may be brought against a director of
10 a body corporate whether or not proceedings for the offence are
brought against the body corporate.
(8) In this section --
"director", of a body corporate, includes a constituent member
of a body corporate incorporated for a public purpose by a
15 law of the Commonwealth or of a State or Territory;
"engaging in conduct" includes failing or refusing to engage in
conduct;
"state of mind" of a person includes --
(a) the knowledge, intention, opinion, belief or purpose
20 of the person; and
(b) the person's reasons for the intention, opinion, belief
or purpose.
page 37
Dangerous Goods (Transport) Bill 1998
Part 6 Miscellaneous
s. 41
Part 6 -- Miscellaneous
41. Recovery of costs from convicted person (Cwlth s 43)
If a court convicts a person of an offence following action taken
by an authorized officer under section 15 or 17, the court may,
5 on an application by or on behalf of the authorized officer, order
that, in addition to any other penalty, the defendant must pay any
costs that were reasonably incurred in taking that action and are
directly related to the investigation of the offence, including
costs for testing, transporting, storing and disposing of the
10 dangerous goods and other evidence.
42. Recovery of costs of government action (Cwlth s 44)
(1) This section applies to an incident that relates to the transport of
dangerous goods, being an incident --
(a) wholly or partly constituted by or arising from --
15 (i) the escape of dangerous goods; or
(ii) an explosion or fire involving dangerous goods;
or
(b) that involves the danger of the escape of dangerous
goods or an explosion or fire involving dangerous goods.
20 (2) If a government authority incurs costs as a result of the
occurrence of an incident to which this section applies, so much
of the costs as were reasonably incurred are recoverable as a
debt due to the authority or to the Crown by action in a court of
competent jurisdiction.
25 (3) The costs are recoverable jointly or severally from the following
people:
(a) the person who was the owner of the dangerous goods at
the time of the incident;
page 38
Dangerous Goods (Transport) Bill 1998
Miscellaneous Part 6
s. 42
(b) the person who was in control or possession of the
dangerous goods at the time of the incident;
(c) the person who caused the incident;
(d) the person responsible, otherwise than as an employee,
5 agent or sub-contractor of another person, for the
transport of the dangerous goods.
(4) Costs are not recoverable from a person who establishes that --
(a) the incident was due to the act or default of another
person;
10 (b) the person could not, exercising reasonable care, have
prevented the incident; and
(c) the incident was not attributable to an employee, agent
or sub-contractor of the person.
(5) The recovery of costs incurred by one government authority as a
15 result of the occurrence of an incident to which this section
applies, including an award or judgment in relation to those costs
or expenses, does not preclude the recovery of costs incurred by
another government authority as a result of the occurrence of the
incident.
20 (6) This section does not affect a right to recover an amount in
respect of costs or expenses that exists apart from this section,
but a government authority is not entitled to recover, in respect
of the same costs or expenses, an amount under this section and
an amount in proceedings founded on other rights.
25 (7) In proceedings under this section, a document apparently signed
by the principal officer of the relevant government authority
specifying details of the costs reasonably incurred as a result of
the occurrence of an incident to which this section applies is, in
the absence of evidence to the contrary, proof of the matter so
30 specified.
page 39
Dangerous Goods (Transport) Bill 1998
Part 6 Miscellaneous
s. 43
43. Prohibiting a person from involvement in the dangerous
goods transport industry (Cwlth s 45)
(1) In sentencing a person for an offence, a court may, having regard
to the matters referred to in subsection (2) and to such other
5 matters as it thinks fit, and in addition to imposing any other
penalty, order that the person be prohibited for a specified period
from involvement in the transport of dangerous goods.
(2) The matters to which a court must have regard are:
(a) the person's record in the transport of dangerous goods;
10 (b) any prior convictions of the person relating to dangerous
goods;
(c) the circumstances surrounding the commission of the
offence for which the person is being sentenced.
(3) A person who contravenes an order under this section is guilty
15 of an offence.
Penalty: For an individual, $50 000 or imprisonment for 2 years
or both.
For a body corporate, $250 000.
44. Forfeiture (Cwlth s 46)
20 (1) If --
(a) a person is convicted by a court of an offence in relation
to dangerous goods; and
(b) the person owns the goods or the owner cannot be
identified,
25 the court may, in addition to imposing any other penalty, order
the dangerous goods and their container to be forfeited to the
Crown.
page 40
Dangerous Goods (Transport) Bill 1998
Miscellaneous Part 6
s. 45
(2) Dangerous goods and containers forfeited to the Crown may be
destroyed, sold or otherwise disposed of as directed by a
Competent Authority.
(3) The person must pay to the Crown the reasonable costs of
5 destruction, sale or other disposal.
45. Delegation (Cwlth s 47)
The Minister may by instrument in writing delegate all or any of
the Minister's powers under this Act (other than the powers in
section 32) to a Competent Authority.
10 46. Protection from liability (Cwlth s 48)
(1) An authorized officer does not incur civil liability for an act or
omission done honestly and in good faith in the course of his or
her duties.
(2) A liability that would, apart from this section, attach to an
15 authorized officer attaches instead to the relevant Competent
Authority.
47. Assistance in emergencies or accidents (Cwlth s 49)
(1) A person does not incur civil liability for an act done honestly
and in good faith, and without any fee, charge or other reward,
20 for the purpose of assisting or attempting to assist in a situation
in which an emergency or accident involving dangerous goods
occurs or is likely to occur.
(2) Subsection (1) does not apply to a person whose act or omission
was wholly or partly the cause of the occurrence or likely
25 occurrence.
page 41
Dangerous Goods (Transport) Bill 1998
Part 6 Miscellaneous
s. 48
(3) Subsection (1) applies to a government authority even though
the government authority requires payment for a service
provided in connection with the occurrence or likely occurrence.
(4) This section does not apply to an authorized officer.
5 48. Minister to notify adoption of code etc. (Cwlth s 50)
(1) If the regulations apply, adopt or incorporate provisions of a
code, standard or rule, the Minister must, as soon as practicable
after the regulations are made, publish in the Gazette a notice
giving details of places where the code, standard or rule may be
10 obtained or inspected.
(2) If --
(a) the regulations apply, adopt or incorporate provisions of
a code, standard or rule as in force from time to time;
and
15 (b) the code, standard or rule is amended or replaced,
the Minister must, as soon as practicable after the amendment or
replacement, publish in the Gazette a notice stating that the code,
standard or rule has been amended or replaced and giving details
of places where the amended or replaced code, standard or rule
20 may be obtained or inspected.
(3) A reference in this section to a code, standard or rule includes a
reference to one that is made outside Australia.
25
page 42
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