Australian Capital Territory Numbered Acts Australian Capital Territory Numbered ActsSchedule 1 Consequential amendments
(see s 3)
Part 1.1 Dangerous Goods (Road Transport) Act 2009
[1.1] Section 8 (3), new note
insert
Note Dangerous goods law does not include the Dangerous Substances Act 2004
or the Work Health and Safety Act 2011
because both of those Acts relate to the transport of dangerous goods by road. The interaction between this Act and the Dangerous Substances Act 2004
is dealt with in that Act, s 8. The interaction between this Act and the Work Health and Safety Act 2011
is dealt with in that Act, s 12.
Part 1.2 Dangerous Substances (Explosives) Regulation 2004
[1.2] Section 5
substitute
5 Disapplication of Legislation Act, s 47 (5)
The Legislation Act
, section 47 (5) does not apply in relation to the following instruments applied, adopted or incorporated under this regulation:
(a) an Australian Standard;
(b) Assessing Fitness to Drive;
(c) the UN Test Manual.
substitute
(h) meets the commercial vehicle driver medical standards required by Assessing Fitness to Drive; and
insert
(2) In this section:
class label — see the ADG Code.
Note 1 The ADG Code, s 7.1.1 (1) sets out the requirements for class labels for dangerous goods. Class labels are required to be attached to packages, containers and loads of dangerous goods and are used to identify the class of dangerous goods contained.
Note 2 The ADG Code does not need to be notified under the Legislation Act
because s 47 (6) does not apply (see Act, s 213 and Legislation Act
, s 47 (7)). The ADG Code is accessible at www.ntc.gov.au
.
omit
• Australian Dangerous Goods Code (see s 10 (3))
• Australian Explosives Code (see s 10 (3))
insert
• ADG Code
[1.7] Dictionary, new definition of Assessing Fitness to Drive
insert
"Assessing Fitness to Drive" means Assessing Fitness to Drive: for Commercial and Private Vehicle Drivers, 3rd Edition , published by Austroads Inc., 2003, as in force on 15 September 2004.
Note Assessing Fitness to Drive does not need to be notified under the Legislation Act
because s 47 (5) does not apply (see s 5 and Legislation Act
, s 47 (7)). Assessing Fitness to Drive is accessible at www.austroads.com.au
.
[1.8] Dictionary, definitions of AS 2187.0 etc
substitute
AS 2187.0 means Australian Standard 2187.0 Explosives—Storage, transport and use—Terminology as in force on 15 September 2004.
Note AS 2187.0 does not need to be notified under the Legislation Act
because s 47 (5) does not apply (see s 5 and Legislation Act
, s 47 (7)). The standard may be purchased at www.standards.org.au
.
AS 2187.1 means Australian Standard 2187.1 Explosives—Storage, transport and use—Storage as in force on 15 September 2004.
Note AS 2187.1 does not need to be notified under the Legislation Act
because s 47 (5) does not apply (see s 5 and Legislation Act
, s 47 (7)). The standard may be purchased at www.standards.org.au
.
AS 2187.2 means Australian Standard 2187.2 Explosives—Storage, transport and use—Use of explosives as in force on 15 September 2004.
Note AS 2187.2 does not need to be notified under the Legislation Act
because s 47 (5) does not apply (see s 5 and Legislation Act
, s 47 (7)). The standard may be purchased at www.standards.org.au
.
AS 2187.4 means Australian Standard 2187.4 Explosives—Storage, transport and use—Pyrotechnics—Outdoor displays as in force on 15 September 2004.
Note AS 2187.4 does not need to be notified under the Legislation Act
because s 47 (5) does not apply (see s 5 and Legislation Act
, s 47 (7)). The standard may be purchased at www.standards.org.au
.
[1.9] Dictionary, definition of class label
omit
[1.10] Dictionary, definition of UN Test Manual
substitute
"UN Test Manual" means the Recommendations on the transport of dangerous goods: Manual of tests and criteria , 3rd revised edition, ISBN 92-1-139368-0, 1999, published by the United Nations, as in force on 15 September 2004.
Note The UN Test Manual does not need to be notified under the Legislation Act
because s 47 (5) does not apply (see s 5 and Legislation Act
, s 47 (7)). The UN Test Manual is accessible at www.unece.org
.
Part 1.3 Dangerous Substances (General) Regulation 2004
[1.11] Section 3 , notes
substitute
Note 1 The dictionary at the end of this regulation defines certain terms used in this regulation, and includes references ( signpost definitions ) to other terms defined elsewhere.
For example, the signpost definition ‘ asbestos-related work —see the Work Health and Safety Regulation 2011
, dictionary.' means that the term ‘asbestos-related work' is defined in that dictionary and the definition applies to this regulation.
Note 2 A definition in the dictionary (including a signpost definition) applies to the entire regulation unless the definition, or another provision of the regulation, provides otherwise or the contrary intention otherwise appears (see Legislation Act
, s 155 and s 156 (1)).
[1.12] Section 5
omit
omit
[1.14] Sections 303 to 305 and part 3.2
omit
substitute
400 Security sensitive substance—Act, s 10A
A substance mentioned in schedule 4, table 4.1, is prescribed.
omit
[1.17] Schedule 4, new section 4.1 (4)
insert
(4) In this section:
"UN number", for a dangerous substance of a particular kind, means the identification serial number listed in the ADG Code for dangerous goods of the same kind.
Note See the ADG Code, s 1.1.3 (def UN number ), appendix 1 and appendix 2.
omit
• Australian Dangerous Goods Code (see s 10 (3))
• Australian Standard 1940
• dangerous substance (see s 10; see also this regulation, s 200)
• NOHSC approved criteria (see s 10 (3))
• NOHSC List of Designated Hazardous Substances (see s 10 (3))
insert
• ADG Code
• dangerous substance (see s 10)
omit the definitions of
C1 combustible liquid
C2 combustible liquid
capacity
class
class label
combustible liquid
compatible
container
emergency plan
emergency service
fire risk dangerous substance
flashpoint
good too dangerous to be transported
hazchem code
health and safety representative
importer
intermediate bulk container
International Air Transport Association Regulations
International Civil Aviation Organization Standards
International Maritime Dangerous Goods Code
in transit
manifest quantity
manifest quantity registrable premises
manufacturer
National Exposure Standards
non-registrable premises
package
packaged
packaging
packing group
pipework
placard quantity
placard quantity notice
placard quantity register
proper shipping name
registrable premises
retailer
risk assessment
safety data sheet
SDS
subsidiary risk
subsidiary risk label
supplier
tank
total quantity
transfer
UN number
Part 1.4 Magistrates Court (Dangerous Substances Infringement Notices) Regulation 2004
[1.21] Schedule 1, part 1.3, items 1 to 11
omit
Part 1.5 Major Events Act 2014
[1.22] Section 12 (1), definition of prohibited item , paragraph (a) (iv)
substitute
(iv) a hazardous chemical or explosive;
[1.23] Section 12 (2), definition of dangerous substance
omit
[1.24] Section 12 (2), new definition of hazardous chemical
insert
"hazardous chemical"—see the Work Health and Safety Regulation 2011
, dictionary.
Part 1.6 Medicines, Poisons and Therapeutic Goods Act 2008
substitute
Note The Dangerous Substances Act 2004
, Environment Protection Act 1997
and Work Health and Safety Act 2011
may also apply to the discarding of a regulated substance.
substitute
Note The Dangerous Substances Act 2004
, Environment Protection Act 1997
and Work Health and Safety Act 2011
may also apply to the discarding of a regulated substance.
Part 1.7 Planning and Development Act 2007
omit
substitute
Schedule 11 hazardous chemical
omit
the land on which, or
the building or structure in which, the dangerous substance is to be stored
is not registered
substitute
the land, building or structure is not registered as premises
[1.29] New section 134 (3B) to (3D)
insert
(3B) The director-general must make a list of the premises registered in the placard quantity register immediately before the commencement day (the placard quantity premises list ).
(3C) The placard quantity premises list is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation Act
.
(3D) In any legal proceeding, the inclusion, or non-inclusion, of premises in the placard quantity premises list is evidence that the premises were, or were not, registered in the placard quantity register immediately before the commencement day.
[1.30] Section 134 (8), new definition of placard quantity register
insert
placard quantity register has the meaning given by the Dangerous Substances (General) Regulation 2004
, section 260 (Placard quantity register) as in force immediately before the commencement day.
Note The list of premises in the placard quantity register immediately before the commencement day is in the placard quantity premises list (see s (3B)).
[1.31] Schedule 4, section 4.1, new definitions
insert
"commencement day"—see section 134 (8).
"placard quantity register"—see section 134 (8).
Note The list of premises in the placard quantity register immediately before the commencement day is in the placard quantity premises list (see s 134 (3B)).
[1.32] Schedule 4, part 4.2, item 11, column 2
omit
dangerous substance on land, or in a building or structure on the land, that, immediately before the commencement day, was not registered
substitute
Schedule 11 hazardous chemical on land, or in a building or structure on the land, that, immediately before the commencement day, was not registered as premises
[1.33] Schedule 4, part 4.2, item 11, column 2, notes 1 and 2
omit
[1.34] Dictionary, definition of commencement day
insert
"commencement day", for schedule 4 (Development proposals in impact track because of need for EIS)—see section 134 (8).
[1.35] Dictionary, definition of dangerous substance
omit
[1.36] Dictionary, definition of placard quantity
substitute
"placard quantity"—see the Work Health and Safety Regulation 2011
, dictionary.
[1.37] Dictionary, new definition of placard quantity premises list
insert
"placard quantity premises list"—see section 134 (3B).
[1.38] Dictionary, definition of placard quantity register
substitute
"placard quantity register", for schedule 4 (Development proposals in impact track because of need for EIS)—see section 134 (8).
[1.39] Dictionary, new definition of Schedule 11 hazardous chemical
insert
Schedule 11 hazardous chemical —see the Work Health and Safety Regulation 2011
, dictionary.
Part 1.8 Road Transport (Alcohol and Drugs) Act 1977
[1.40] Section 4B (1) (h) (i) and note
substitute
(i) a vehicle on which a sign, marking or placard is required to be displayed under the—
(A) Dangerous Goods (Road Transport) Act 2009
; or
(B) Dangerous Substances Act 2004
; or
(C) Work Health and Safety Act 2011
; or
Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act
, s 104).