Commonwealth Numbered Regulations - Explanatory Statements

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ROAD TRANSPORT REFORM (DANGEROUS GOODS) REGULATIONS 1997 NO. 241

STATUTORY RULES 1997 NO. 241

Issued by the Authority of the Minister for Transport and Regional Development

Road Transport Reform (Dangerous Goods) Act 1995

Road Transport Reform (Dangerous Goods) Regulations

Subsection 11 (1) of the Road Transport Reform (Dangerous Goods) Act 1995 (the Act) provides that the Governor-General may make regulations to apply as laws of the Australian Capital Territory and the Jervis Bay Territory prescribing matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.

The Road Transport Reform (Dangerous Goods) Regulations (the Regulations) provide the, substantive regulatory provisions for the national scheme which, in addition to the Regulations and the Act, includes the sixth edition of the Australian Code for the Transport of Dangerous Goods by Road and Rail (the Code). The Code sets out the, technical subject matter of the obligations provided, for in the Regulations.' and: a number of non-mandatory guidelines. The Regulations contain duties and obligations (often by requiring compliance with the Code) for participants in the transport of dangerous goods by road, and matters relating to administration and enforcement.

The Regulations were developed by the National Road Transport Commission under two intergovernmental agreements, the Heavy Vehicles Agreement of 1991 and the Light Vehicles Agreement of 1992 which are, scheduled to the National Road Transport Commission Act 1991. Under the Light Vehicles Agreement, the Commission is required as a matter of priority, to develop and/or maintain -national standards and associated codes of practice in relation to the transport of dangerous goods.

The Regulations were developed in close consultation with the Commonwealth (the Federal Office of Road Safety), State and Territory government authorities (the Dangerous Goods' Consultative Committee) and major stakeholders (the Advisory Committee on the Transport of Dangerous Goods). The Regulations were, made publicly available for comment and were circulated to State and Territory road agencies., The Ministerial Council for Road Transport (which comprises Ministers responsible for implementing the national uniform road transport legislation) unanimously approved the Regulations in June 1997.

The Regulations will be incorporated into the law of the States and the Northern Territory by means of adopting legislation, in accordance with the Light Vehicles Agreement.

Details of the key elements of the Regulations are attached.

The Regulations commence on a day or days specified by the Minister by notice in the Gazette.

ATTACHMENT

Road Transport Reform (Dangerous Goods) Regulations

The Regulations, contain the following features:

-       duties, for individuals involved in the road transport of dangerous goods, including prime contractors, consignors, drivers, loaders, packers, importers and manufacturers. Duties are allocated as either primary duties where strict liability applies or secondary duties where liability is dependent on the person's actual knowledge or the knowledge they reasonably ought to have in the light of training, experience and available information. The duties relate to the packaging of dangerous goods {Part 3), dangerous goods transported in bulk (Part 4), freight containers (Part 5), unit loads (Part 6), marking of packages and unit loads (Part 7), placarding of dangerous goods and vehicles (Part 8), segregation and stowage of dangerous goods (Part 9), transfer of dangerous goods in bulk (Part 10), documentation (Part 11), personal protective 1 safety equipment (Part 12), transport procedures (Part 13), emergency situations (Part 14) and training (Part 20).

-       provision for nationally consistent mechanisms for, administering the national scheme (Part 15). The mutual recognition provisions and the establishment of the Competent Authorities Panel (Regulation 15.4) will ensure national co-ordination of exemptions (Part 16), approvals (Part 17) and other decisions made under the proposed Regulations.

-       nationally uniform maximum court penalties and nationally uniform infringement penalties (Part 21). Maximum court penalties for individuals in the proposed Regulations will range from $500 to $3,000. Penalties for corporations will, be five times those specified for individuals. Infringement penalties, where they are appropriate, will be one-fifth of the maximum court penalty.

-       national driver and vehicle licences (Part 18). Driver and vehicle licences will generally be required for the transport of all dangerous goods in bulk.

-       harmonisation with international standards to facilitate international trade. Every effort has been made to ensure the national scheme will align closely with the Recommendations of the United Nations Committee of Experts on Dangerous Goods.

-       the right to apply for reconsideration of decisions made by a dangerous goods regulatory authority to an independent tribunal (Part 22). Independent review of decisions will be available only after internal reconsideration.