TRANSPORT OF DANGEROUS GOODS BY ROAD AND RAIL (NATIONAL UNIFORM LEGISLATION) ACT 2010

Northern Territory Consolidated Acts

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TRANSPORT OF DANGEROUS GOODS BY ROAD AND RAIL (NATIONAL UNIFORM LEGISLATION) ACT 2010

TABLE OF PROVISIONS

Long Title

PART 1--INTRODUCTION

Division 1-- Preliminary matters

1. Short title
2. Commencement
3. Object of Act
4. Scope of Act

Division 2--Interpretation

5. Definitions
6. Meaning of associate
7. Meaning of broken down
8. Meaning of compliance purposes
9. Meanings of consign and consignor
10. Meanings of load and loader
11. Meaning of operator
12. Meanings of pack and packer
13. Meanings of qualified , fit and authorised
14. Meanings of road and road-related area
15. Meanings of rolling stock and unit of rolling stock
16. Meanings of unattended and driver
17. Examples
18. Notes
19. Application of Acts Interpretation Act 1901 (Cth)

Division 3--Other matters

20. Application of Criminal Code
21. Act binds Crown

PART 2--COMPETENT AUTHORITIES AND AUTHORISED OFFICERS

Division 1--Appointments and arrangements

22. Competent Authority
23. Appointment of authorised officers
24. Authorised officer identification
25. Return of authorised officer identity card
26. Falsely representing to be authorised officer
27. Competent Authority may delegate powers
28. Competent Authority may provide information to corresponding authority
29. Reciprocal powers of authorised officers
Division 2 General powers -- road vehicles

Subdivision 1--Application

30. Application of Division

Subdivision 2--Directions relating to road vehicles

31. Direction to stop road vehicle
32. Direction to move road vehicle
33. Direction to produce documents
34. Direction to move a road vehicle – danger or obstruction
35. Direction to leave vehicle

Subdivision 3--Other powers relating to road vehicles

36. Moving unattended road vehicle – to enable exercise of other powers
37. Powers of authorised officers – inspection
38. Powers of authorised officers – search
39. Moving unattended or broken down road vehicle
40. Powers of authorised officers – immobilised road vehicle
41. Powers of authorised officers in emergencies
42. Authorisation not required for driving under this Division

Division 3--Directions relating to rolling stock and trains

Subdivision 1--Application

43. Application

Subdivision 2--Power to give directions relating to rolling stock and trains

44. Powers of authorised officers – rail operators
45. Powers of authorised officers – train drivers
46. Powers of authorised officers – others
47. Powers of authorised officers – documents

Subdivision 3--Other powers relating to trains

48. Powers of authorised officers – inspection
49. Powers of authorised officers – search
50. Powers of authorised officers – immobilised train
51. Powers of authorised officers in emergencies

Division 4--Powers to inspect and search premises

Subdivision 1--Preliminary matters

52. Application
53. Residential purposes

Subdivision 2--Power to search premises

54. Power to inspect premises
55. Power to search premises

Division 5--Other directions

56. Direction to give name and other personal details
57. Direction to produce records, devices or other things
58. Direction to provide information
59. Direction to provide reasonable assistance

Division 6--Provisions regarding inspections and searches

60. Warrants
61. Judges may issue warrants by electronic means
62. Use of assistants and equipment
63. Use of equipment to examine or process things
64. Use or seizure of electronic equipment
65. Sample-taking procedure

Division 7--Other provisions regarding seizure

66. Receipt for and access to seized material
67. Embargo notices
68. Return of seized thing
69. Forfeiture
70. Dealing with forfeited thing

Division 8--Other matters

71. Limit on use of force
72. Consent
73. Giving directions under this Part
74. Directions to specify when to be complied with
75. Directions may be given under more than one provision
76. Restoring vehicle or premises to original condition after action taken
77. Protection from incrimination
78. Providing evidence to other authorities
79. Obstructing authorised officers

PART 3--EXEMPTIONS

80. Grant of exemption
81. Variation and cancellation of exemptions and conditions
82. Minister's orders to suspend operation of regulations

PART 4--OFFENCES AND PENALTIES

83. Failure to hold licence
84. Goods too dangerous to be transported
85. Duties concerning the transport of dangerous goods

PART 5--GENERAL ADMINISTRATIVE SANCTIONS

Division 1--Improvement notices

86. Improvement notice
87. Contravention of improvement notice
88. Amendment of improvement notice
89. Cancellation of improvement notice
90. Clearance certificate
91. Proceedings for an offence not affected

Division 2--Prohibition notices

92. Definition
93. Prohibition notice
94. Contravention of prohibition notice
95. Oral direction may be given before prohibition notice is served
96. Amendment of prohibition notice
97. Cancellation of prohibition notice
98. Proceedings for an offence not affected

Division 3--Formal warnings

99. Formal warnings
100. Withdrawal of formal warnings

PART 6--GENERAL COURT-BASED SANCTIONS

Division 1--Proceedings for offences

101. Prosecution for offence
102. Period within which proceedings for offences may be commenced

Division 2--Available sanctions

103. Sanctions imposed by courts

Division 3--Commercial benefits penalty orders

104. Court may make commercial benefits penalty order

Division 4--Licensing and registration sanctions

105. Power to affect licences
106. Power to affect road vehicle registration

Division 5--Supervisory intervention orders

107. Court may make supervisory intervention order
108. Contravention of supervisory intervention order

Division 6--Exclusion orders

109. Court may make exclusion order
110. Contravention of exclusion order

Division 7--Forfeiture orders

111. Court may make forfeiture order

Division 8--Compensation orders

Subdivision 1--Interpretation

112. Definitions

Subdivision 2--General provisions

113. Compensation orders for damage to road and rail infrastructure
114. Assessment of compensation
115. Service of document
116. Limits on amount of compensation

Subdivision 3--Costs compensation orders

117. Recovery of costs

Subdivision 4--Costs and recovery

118. Costs
119. Enforcement of compensation order and award of costs
120. Relationship with orders or awards of other courts and tribunals

PART 7--GENERAL LIABILITY AND EVIDENTIARY PROVISIONS

Division 1--Criminal liability for offences

121. Definitions
122. Liability of representative
123. Conduct of representative
124. Criminal liability of partner in partnership
125. Criminal liability of manager of unincorporated association
126. Criminal liability of executive officer of body corporate
126A. Double jeopardy

Division 2--Special defences

127. Special defence for owners or operators
128. Special defence of compliance with direction

Division 3--General evidentiary provisions

129. Evidence
130. Evidence regarding weighing
131. Proof of appointments and signatures unnecessary
132. Transport documentation
133. Use of codes of practice etc. in proceedings

PART 8--OTHER MATTERS

Division 1--Indemnities

134. Protection from liability
135. Indemnity not affected by certain matters
136. Other indemnities not affected

Division 2--General matters

137. Review of decision
138. Acts of retaliation for reporting breaches
139. Confidentiality
140. Misleading information
141. Contracting out prohibited
142. Recovery of costs of public authorities
143. Assistance in emergencies or accidents
144. Minister to notify adoption of code etc.
145. Delegation
146. Acquisition on just terms

Division 3--Regulations, codes, standards and rules

147. Powers to make regulations and adoption of codes and standards
148. Penalties under regulations

Division 4--Transitional matters for Transport of Dangerous Goods by Road and Rail (National Uniform Legislation) Act 2010

150. Definitions
151. Savings – authorised officers

Division 5--Validation for Transport of Dangerous Goods by Road and Rail (National Uniform Legislation) Amendment Act 2013

152. Validation provision

PART 9--TRANSITIONAL MATTERS FOR STATUTE LAW AMENDMENT (DIRECTORS' LIABILITY) ACT 2015

153. Offences – before and after commencement

PART 10--TRANSITIONAL MATTERS FOR TRANSPORT OF DANGEROUS GOODS BY ROAD AND RAIL LEGISLATION AMENDMENT ACT 2022

154. Application of section 84
ENDNOTES

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