An Act to amend the Road Transport Reform (Dangerous Goods) Act 1995
[Assented to 20 March 1997]
The Parliament of Australia enacts:
This Act may be cited as the Road Transport Reform (Dangerous Goods) Amendment Act 1997.
2 Schedule(s)
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
1 Section 5
After “Tribunal”, insert “of the Australian Capital Territory”.
2 Section 6 (definition of dangerous goods)
Repeal the definition, substitute:
dangerous goods means:
(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.
3 Section 6 (paragraph (b) of the definition of involvement in the transport of dangerous goods by road)
Repeal the paragraph, substitute:
(b) marking packages and unit loads containing dangerous goods for transport by road, and placarding containers and vehicles in which dangerous goods are transported by road; and
4 Section 6 (definition of transport)
Repeal the definition, substitute:
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 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.
5 Subsection 9(1)
Omit “, in relation to the Australian Capital Territory”.
6 Section 11
Repeal the section, substitute:
(1) The Governor-General may make regulations prescribing matters:
(a) required or permitted to be prescribed by this Act; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.
(2) The regulations may provide that the provisions of the regulations commence on the day they are notified in the Commonwealth of Australia Gazette or on a later day or days specified by the Commonwealth Minister administering this Act by notice in the Commonwealth of Australia Gazette.
(3) In particular, the regulations may make provision relating to the following:
(a) types and categories of dangerous goods and methods 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;
(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 dangerous goods for transport by road and the placarding of containers and vehicles in which dangerous goods are transported by road;
(g) containers and packaging used in the transport of dangerous goods by road;
(h) the manufacture of vehicles and containers for use in the transport of dangerous goods by road;
(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;
(j) the loading of dangerous goods for, and the unloading of dangerous goods after, their transport by road;
(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 by road;
(l) procedures for the transport of dangerous goods by road, including, but not limited to:
(i) the quantities and circumstances in which dangerous goods, or particular types of dangerous goods, may be transported; and
(ii) safety procedures and equipment;
(m) the licensing of:
(i) vehicles and drivers for the purposes of the transport of dangerous goods by road; and
(ii) people responsible for the transport of dangerous goods by road or for vehicles used in that transport;
(n) the mandatory accreditation of people involved in the transport of dangerous goods by road or particular aspects of that transport;
(o) the approval by a Competent Authority of the form in 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;
(p) the approval by a Competent Authority of:
(i) packages, containers, equipment and other items used in relation to the transport of dangerous goods by road; and
(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 by road;
(q) documents required to be prepared or kept by people involved in the transport of dangerous goods by road 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 of dangerous goods by road;
(s) the training and qualifications required of authorised officers and other people performing functions under this Act;
(t) the training and qualifications required of people involved in, and the approval of training courses and qualifications relating to involvement in, the transport of dangerous goods by road;
(u) the recognition of laws of other jurisdictions relating to the transport of dangerous goods by road and of things done 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.
(4) The regulations may apply, adopt or incorporate any or all of the provisions of a code, standard or rule relating to dangerous goods or to transport by road. 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) 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 methods for deciding which dangerous goods fall into each type;
by reference to such a code, standard or rule.
(6) A reference in this section to a code, standard or rule includes a reference to one that is made outside Australia.
7 Subsection 13(2)
Repeal the subsection, substitute:
(2) A Competent Authority:
(a) may exercise all the powers and perform all the functions of an authorised officer; and
(b) when exercising those powers or performing those functions, has all the immunities of an authorised officer.
8 Section 14
Repeal the section, substitute:
(1) A Competent Authority may, by notice in the Government Gazette, appoint people, or a class of people, to be authorised officers.
(2) In appointing authorised officers, a Competent Authority may 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.
(3) A Competent Authority may issue identification cards containing prescribed details to authorised officers.
9 Subsections 15(1) and (2)
Repeal the subsections.
10 Subsection 15(3)
After “Each authorised officer”, insert “who is not a police officer”.
11 After subsection 15(3)
Insert:
(4) A police officer who is exercising or about to exercise a power of an authorised officer under this Act must, if practicable, comply with a request to identify himself or herself by:
(a) producing the officer’s police identification, or authorised 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.
12 Subsection 16(1)
After “A person who”, insert “has been issued with an identification card and who”.
13 Subsection 20(1)
Omit “or on a vehicle or equipment”, substitute “, including on a vehicle or equipment at the premises”.
14 Subsection 20(2)
Repeal the subsection, substitute:
(2) The authorised officer may enter the premises and search for or test the evidence.
15 Subsection 20(4)
Repeal the subsection.
16 Section 23
After “person, but”, insert “, except for a corporation”.
17 After section 33
Insert:
If a Competent Authority:
(a) refuses to grant an exemption to a person or a class of people; or
(b) cancels an exemption granted to a person or a class of people; or
(c) varies or cancels conditions to which an exemption 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.
18 Section 35
Repeal the section, substitute:
(1) A person must not use a vehicle to transport dangerous goods by road (other than as the driver of the vehicle) if:
(a) the regulations require the vehicle to be licensed to transport the goods; and
(b) the vehicle is not licensed under the regulations.
Maximum penalty: $50,000 or imprisonment for 2 years, or both, for an individual or $250,000 for a body corporate.
(2) A person must not employ, engage or permit another person to drive a vehicle transporting dangerous goods by road if the other person is required by the regulations to be licensed to drive the vehicle and is not so licensed.
Maximum penalty: $50,000 or imprisonment for 2 years, or both, for an individual or $250,000 for a body corporate.
(3) A person must not drive a vehicle transporting dangerous goods by road if:
(a) the regulations require the vehicle to be licensed to transport the goods; and
(b) the vehicle is not licensed under the regulations.
Maximum penalty: $10,000.
(4) A person who is required by the regulations to be accredited to be involved in the transport of dangerous goods by road or a particular aspect of that transport must not be so involved without being so accredited.
Maximum penalty: $50,000 or imprisonment for 2 years, or both, for an individual or $250,000 for a body corporate.
(5) A person must not drive a vehicle transporting dangerous goods by road if:
(a) the regulations require the person to be licensed to drive the vehicle; and
(b) the person is not licensed under the regulations.
Maximum penalty for this subsection: $10,000.
19 Section 36
Omit “dangerous goods”, substitute “goods”.
Note: The heading to section 36 is altered by omitting “to transport” and substituting “to be transported”.
20 Section 36
Omit “to transport”, substitute “to be transported”.
21 Paragraph 40(2)(b)
Omit “category”, substitute “type”.
22 Paragraphs 40(2)(c), (d), (e) and (f)
Omit “labels”, substitute “placards”.
23 Subsection 42(5)
Omit “is convicted of”, substitute “commits”.
24 Subsection 48(2)
Omit “authorised officer’s employer”, substitute “relevant Competent Authority”.
25 After section 49
Insert:
(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 Government Gazette a notice giving details of places where the code, standard or rule may be 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
(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 Government 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 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.
[Minister’s second reading speech made in—
House of Representatives on 4 December 1996
Senate on 13 February 1997]