Commonwealth Numbered Regulations

NATIONAL TRANSPORT COMMISSION (ROAD TRANSPORT LEGISLATION -- DANGEROUS GOODS REGULATIONS) AMENDMENT REGULATIONS 2006 (NO. 1) (SLI NO 17 OF 2006) - SCHEDULE 1

(regulations 3 and 4)

1              Name of Regulations

                These Regulations are the Road Transport Reform (Dangerous Goods) Amendment Regulations 1999 (No. 1) .

2              Commencement

                These Regulations commence on 1 October 1999.

3              Amendment of Road Transport Reform (Dangerous Goods) Regulations

                Schedule 1 amends the Road Transport Reform (Dangerous Goods) Regulations.

Schedule 1         Amendments

(regulation 3)

[1]           Regulation 1.1

substitute

1.1            Name of Regulations

                These Regulations are the Road Transport Reform (Dangerous Goods) Regulations 1997 .

[2]           After subregulation 2.2 (2)

insert

         (3)   Also, dangerous goods of Class 1, 6.2 or 7 are not taken to be dangerous goods for these Regulations, except regulation 2.3.

[3]           Paragraph 3.12 (1) (b)

omit

the transport

insert

transport

[4]           Regulation 4.9, heading

substitute

4.9            Owner’s duties for certain tanks

[5]           Regulation 4.9

omit

vehicle of which a tank forms part, or to which a tank is attached, must not use the vehicle, or permit the vehicle

insert

tank that forms part of a vehicle, or that is attached to a vehicle, must not use the tank, or permit the tank

[6]           Paragraph 9.6 (b)

omit

be

[7]           Subregulation 11.4 (1)

omit

, complying with Chapter 11 of the ADG Code,

[8]           After subregulation 11.4 (1)

insert

      (1A)   The driver of a vehicle transporting dangerous goods by road must not carry shipping documentation for the goods that the driver knows, or reasonably ought to know, does not comply with Chapter 11 of the ADG Code.

Penalty:   $1,000.

[9]           Paragraph 11.8 (1) (b)

substitute

               (b)    the required emergency information provided by the consignor of the goods, or by the prime contractor for the transport of the goods, is in the holder.

[10]         Paragraph 15.9 (1) (a)

omit

either

insert

any

[11]         Paragraph 21.3 (b)

substitute

               (b)    unless the notice is withdrawn, if the person pays the penalty within 28 days after the day when the notice is served on the person (or any longer time allowed in writing by the authorised officer):

                          (i)    any liability of the person for the offence to which the notice relates will be discharged; and

                         (ii)    the person will not be prosecuted in court for the offence; and

                         (iii)    the person will not be taken to have been convicted of the offence; and

[12]         Paragraph 21.5 (1) (c)

substitute

                (c)    unless the infringement notice is withdrawn, if the person pays the penalty within 28 days after the day when the reminder notice is served on the person (or any longer time allowed in writing by the authorised officer):

                          (i)    any liability of the person for the offence to which the notices relate will be discharged; and

                         (ii)    the person will not be prosecuted in court for the offence; and

                         (iii)    the person will not be taken to have been convicted of the offence; and

[13]         Regulation 23.1

substitute

23.1         Prescribed fees

                The fees payable under these Regulations are prescribed in the following table:

Note    A fee prescribed in this table for a service may differ from the fee prescribed under a corresponding provision of another participating jurisdiction if the cost of providing the service is different in the other participating jurisdiction.

[14]         Schedule 1, item 40

omit

regulation 11.4

insert

regulation 11.4, except subregulation (1A)