National Transport Commission (Model Amendments: Transport of Dangerous Goods by Road or Rail - Package No. 1) Regulations 2009

In force

Administered by

Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

This item is authorised by the following title:

National Transport Commission Act 2003

Superseded version

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F2009L02498

26 June 2009 - 04 March 2016

Table of contents

Part 1 — Preliminary matters
1. Name
2. Purpose
3. Approval
4. Regulations being amended by these Regulations
Part 2 — Amendments to Schedule 1
5. Provisions being amended by this Part
6. Omission of minor redundancy
7. Purpose
8. Definitions
9. Insertion of sections 4A – 4L
"4A Meaning of associate
4B Meaning of consign and consignor
4C Meaning of pack and packer
4D Meaning of load and loader
4E Meaning of operator
4F References to rolling stock
4G Meaning of qualified, fit or authorised to drive or to run an engine
4H Meaning of unattended vehicle and driver of disconnected trailer
4I Meaning of broken down, in relation to vehicles
4J Roads and road-related areas
4K Examples
4L Notes
10. Changes to subordinate law-making powers
11. Additional power in relation to making subordinate laws
12. Appointment of Competent Authorities
13. Enforcement powers
14. Directions
15. Power to take samples during inspections and searches
16. Insertion of section 52A
"52A Sample-taking procedure
17. Correction of minor matters
18. Powers of authorised officers in emergencies
19. Power to search premises
20. Exemptions
21. Offences concerning failure to hold licence
22. Omission of relocated provisions
23. Contravention of improvement notices
24. Miscellaneous amendments
25. Supervisory intervention orders
26. Exclusion orders
27. Correction of minor matters
28. When compensation orders can be made
29. Recovery of costs
30. Correction of minor matter
31. Special defence for owners or operators
32. Evidence
33. Further miscellaneous amendments
34. Insertion of missing word
35. Prohibition orders
36. Correction of minor matter
37. Widening of offences concerning victimisation for reporting breaches
38. Confidentiality
39. Correction of minor matter
40. Delegation by Minister
41. Penalties schedule
— Amendments to Schedule 2
42. Provisions being amended by this Part
43. Correction of minor matters
44. Omission of redundant application provision
"1.1.4 {reserved}".
45. Substitution of clause 1.1.8
"1.1.8 Special provisions for tools of trade and dangerous goods for private use
46. Omission of heading
47. Changes to definitions
48. Inconsistency between subordinate law and codes etc
49. Widening of reference provision
50. Minor amendments
51. Definitions of road and road related area may be modified
52. Omission of clause 1.2.11 (references to rolling stock)
"1.2.11 {Reserved}".
53. Substitution of clause 1.2.13
"1.2.13 References to loads
54. Omission of relocated clauses
55. Minor amendments to training provisions
56. Substitution of clause 1.5.2
"1.5.2 Goods suspected of being dangerous goods
57. Determinations
58. Omission of clause 1.6.2 (Determinations – foreign approved IBCs, tanks and MEGCs)
"1.6.2 {Reserved}".
59. Insertion of clauses 1.6.4A and 1.6.4B
"1.6.4A Determinations may be subject to conditions
1.6.4B Effect of determinations on contrary obligations under {this subordinate law}
60. Insertion of clause 1.6.7
"1.6.7 Offence to do any thing prohibited or regulated by a determination
61. Standardisation of provision references
62. Definition of dangerous goods
63. Substitution of clauses 2.1.3 – 2.1.6
"2.1.3 UN Classes, UN Divisions and Categories of dangerous goods
2.1.4 Subsidiary risk
2.1.5 Packing Groups
2.1.6 Incompatibility
64. Insertion of Part 3
"Part 3 Transport of dangerous goods to which special provisions apply
- 3.1.1 Application of this Part
- 3.1.2 Duty on consignors
- 3.1.3 Duty on packers
- 3.1.4 Duty on loaders
- 3.1.5 Duty on prime contractors and rail operators
- 3.1.6 Duty on drivers
- 65. Substitution of clauses 4.1.1 – 4.1.3
- "4.1.1 Packing of dangerous goods in limited quantities
- 4.1.2 References to Part 4 of the ADG Code include Dangerous Goods List requirements
- 66. Substitution of clause 4.2.1
- "4.2.1 Suitability of packaging for transport
- 67. Marking packaging
- 68. Substitution of clauses 4.2.3 and 4.2.4
- "4.2.3 Applications for approval of packaging design
- 4.2.4 Approval of packaging designs
- 69. Testing
- 70. Substitution of clauses 4.2.7 and 4.2.8
- "4.2.7 Approval of overpack preparation method
- 4.2.8 Authorised body may issue approvals
- 71. Substitution of Divisions 4.3 – 4.6 of Part 4
"Division 4.3 Prohibition on the sale or supply of non-compliant packaging
- 4.3.1 Offence to sell or supply non-compliant packaging
Division 4.4 Offences relating to general packaging
- 4.4.1 Meaning of general packaging in this Division
- 4.4.2 Duty on consignors
- 4.4.3 Duty on packers
- 4.4.4 Duty on loaders
- 4.4.5 Duty on prime contractors and rail operators
- 4.4.6 Duty on drivers
Division 4.5 Offences relating to other packaging
- 4.5.1 Meaning of other packaging in this Division
- 4.5.2 Duty on manufacturers – compliance plates – portable tanks, MEGCs and tank vehicles
- 4.5.3 Duty on owners – portable tanks, demountable tanks and MEGCs
- 4.5.4 Duty on consignors
- 4.5.5 Duty on packers
- 4.5.6 Duty on loaders
- 4.5.7 Duty on prime contractors and rail operators
- 4.5.8 Duty on drivers
Division 4.6 Offences relating to overpacks
- 4.6.1 Duty on consignors
- 4.6.2 Duty on packers
- 4.6.3 Duty on loaders
- 4.6.4 Duty on prime contactors and rail operators
- 4.6.5 Duty on drivers
- 72. Substitution of clauses 5.2.1 and 5.2.2
- "5.2.1 {reserved}".
- 5.2.2 Meaning of appropriately marked
- 73. Duty of consignors in relation to marking
- 74. Substitution of clauses 5.2.4 and 5.2.5
- "5.2.4 Packer’s duties
- 5.2.5 Prime contractor’s and rail operator’s duties
- 75. When load must be placarded
- 76. Substitution of clause 5.3.2
- "5.3.2 Meaning of appropriately placarded
- 77. Duties in relation to placarding
- 78. Minor amendments
- 79. Substitution of clauses 7.1.4 and 7.1.5
- "7.1.4 Prime contractor’s and rail operator’s duties
- 7.1.5 Driver’s duties
- 80. Substitution of Part 8
"Part 8 Stowage and restraint
- 8.1.1 Consignor’s duties
- 8.1.2 Loader’s duties
- 8.1.3 Prime contractor’s and rail operator’s duties
- 8.1.4 Driver’s duties
- 81. Changes concerning segregation
- 82. Substitution of clause 9.1.8
- "9.1.8 Approvals — Type II segregation devices
- 9.1.9 Approvals — methods of segregation
- 83. Substitution of clauses 10.2.1 and 10.2.2
- "10.2.1 {Reserved}
- 10.2.2 Transferor’s duties — hose assemblies
- 84. Other changes concerning bulk transfers
- 85. Documentation
- 86. Safety equipment
- 87. Immobilised vehicles – prime contractor's duties
- 88. Road vehicles – driver's duties
- 89. Omission of Division 13.3 (Routes, areas, vehicles and times)
"Division 13.3 {Reserved}".
- 90. Emergencies
- 91. Omission of Competent Authorities Panel provisions
"Division 15.2 {Reserved}".
- 92. Recommendations by Competent Authority and corresponding authorities
- 93. Mutual recognition
- 94. Effect of CAP decisions varying exemptions
- 95. Minor amendments
- 96. Omission of redundant provision
- 97. Cancellation and variation of determinations etc.
- 98. Substitution of clause 17.4.2
- "17.4.2 Cancellation giving effect to court orders
- 99. Substitution of clause 18.1.2
- "18.1.2 Application of Part
- 100. Substitution of Division 18.2
"Division 18.2 Vehicles and drivers to be licensed under this Part
- 18.2.1 Vehicles to be licensed
- 18.2.2 Drivers to be licensed
- 101. Minor changes concerning licensing
- 102. Disposal and transfer of licensed vehicles
- 103. More minor licensing changes
- 104. Review of decisions
- 105. Insurance
- 106. Infringement notices
- 107. Changes to transitional provisions
- 108. Substitution of Schedule 2.1
"Schedule 2.1 Penalties

National Transport Commission (Model Amendments: Transport of Dangerous Goods by Road or Rail - Package No. 1) Regulations 2009

Legislation text