Tasmanian Numbered Acts

DANGEROUS GOODS (ROAD AND RAIL TRANSPORT) ACT 2010 (NO. 16 OF 2010)

- Act 16 of 2010
- Royal Assent 17 September 2010

TABLE OF PROVISIONS

           Long Title

   PART 1 - Preliminary

   1.      Short title
   2.      Commencement
   3.      Purpose
   4.      Definitions
   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.     Road and road-related areas
   4K.     Examples
   4L.     Notes
   5.      Binding the Crown
   6.      Application of Commonwealth Acts Interpretation Act
   7.      Scope of this Act

   PART 2 - Regulations

   8.       Powers to make regulations and adoption of codes and standards
   9.      Penalties under the regulations
   10.     Applications for review

   PART 3 - Competent Authorities and Authorised Officers

           Division 1 - Appointment and arrangements

   11.     Appointment of Competent Authorities
   12.     Appointment of authorised officers
   13.     Identity cards
   14.     Return of identity cards
   15.     Impersonating authorised officers
   16.     Competent Authority may delegate powers
   17.     Competent Authority may provide information to corresponding authority
   18.     Reciprocal powers of authorised officers

           Division 2 - General powers – road vehiclesSubdivision 1 - Application

   19.     Application of Division
   20.     Direction to stop road vehicle
   21.     Direction to move road vehicle
   22.     Direction to produce documents
   23.     Direction to move road vehicle in case of danger or obstruction
   24.     Direction to leave vehicle
   25.     Moving unattended road vehicle to enable exercise of other powers
   26.     Powers of authorised officers – inspection
   27.     Powers of authorised officers – searches
   28.     Moving unattended or broken down road vehicle where danger or obstruction
   29.     Powers of authorised officers – immobilised road vehicle
   30.     Powers of authorised officers in emergencies
   31.     Authorisation not required for driving under this Division

           Division 3 - Directions in respect of rolling stock and trainsSubdivision 1 - Application

   32.     Application
   33.     Powers of authorised officers – rail operators
   34.     Powers of authorised officers – train drivers
   35.     Powers of authorised officers – others
   36.     Powers of authorised officers – documents
   37.     Powers of authorised officers – inspection
   38.     Powers of authorised officers – search
   39.     Powers of authorised officers – immobilised train
   40.     Powers of authorised officers in emergencies

           Division 4 - Powers to inspect and search premisesSubdivision 1 - Preliminary

   41.     Application
   42.     Residential purposes
   43.     Power to inspect premises
   44.     Power to search premises

           Division 5 - Other directions

   45.     Direction to give name and other personal details
   46.     Direction to produce records, devices or other things
   47.     Direction to provide information
   48.     Direction to provide reasonable assistance for powers of inspection and search

           Division 6 - Provisions regarding inspections and searches

   49.     Warrants
   50.     Use of assistants and equipment
   51.     Use of equipment to examine or process things
   52.     Use or seizure of electronic equipment
   52A.    Sample-taking procedure

           Division 7 - Other provisions regarding seizure

   53.     Receipt for and access to seized material
   54.     Embargo notices

           Division 8 - Miscellaneous

   55.     Limit on use of force
   56.     Consent
   57.     Manner of giving directions under this Part
   58.     Directions to state when to be complied with
   59.     Directions may be given under more than one provision
   60.     Restoring vehicle or premises to original condition after action taken
   61.     Self-incrimination no excuse
   62.     Providing evidence to other authorities
   63.     Obstructing or hindering authorised officers

   PART 4 - Exemptions

   64.     Exemptions
   65.     Variation and cancellation of exemptions and conditions
   66.     Review of exemption &c.
   67.     Application orders and emergency orders

   PART 5 - Offences and Penalties

   68.     Reserved
   69.     Failure to hold licence &c.
   70.     Goods too dangerous to be transported
   71.     Duties concerning transport of dangerous goods

   PART 6 - General Administrative Sanctions

           Division 1 - Improvement notices

   72.     Improvement notices
   73.     Contravention of improvement notice
   74.     Amendment of improvement notices
   75.     Cancellation of improvement notices
   76.     Clearance certificates

           Division 2 - Formal warnings

   77.     Formal warnings
   78.     Withdrawal of formal warnings

           Division 3 - Infringement notices

   79.     Infringement notices

   PART 7 - General Court-based Sanctions

           Division 1 - Proceedings for offences

   80.     Proceedings for offences
   81.     Proceedings for an offence may be brought by authorised officers
   82.     Period within which proceedings for offences may be commenced

           Division 2 - Available sanctions

   83.     Sanctions imposed by courts

           Division 3 - Fines

   84.     Reserved

           Division 4 - Commercial benefits penalty orders

   85.     Commercial benefits penalty orders

           Division 5 - Licensing and registration sanctions

   86.     Power to affect licences
   87.     Power to affect road vehicle registration

           Division 6 - Supervisory intervention orders

   88.     Supervisory intervention orders
   89.     Contravention of supervisory intervention order

           Division 7 - Exclusion orders

   90.     Exclusion orders
   91.     Contravention of exclusion order

           Division 8 - Forfeiture orders

   92.     Forfeiture

   PART 8 - Compensation Orders

           Division 1 - Definitions

   93.     Definitions
   93A.    Compensation orders

           Division 2 - General compensation orders

   94.     Compensation orders for damage to rail or road infrastructure
   95.     Assessment of compensation
   96.     Service of certificates
   97.     Limits on amount of compensation

           Division 3 - Costs compensation orders

   98.     Recovery of costs

           Division 4 - Costs and recovery

   99.     Costs
   100.    Enforcement of compensation order and costs
   101.    Relationship with orders or awards of other courts and tribunals

   PART 9 - General Liability and Evidentiary Provisions

           Division 1 - Basis of liability for offences

   102.    Multiple offenders
   103.    Double jeopardy
   104.    Liability of directors, partners, employers and others for offences by bodies corporate, partnerships, associations and employees
   105.    Complicity and common purpose (aiding and abetting)
   106.    Causing or permitting
   107.    Coercing, inducing or offering incentive

           Division 2 - General defences

   108.    Sudden or extraordinary emergency
   109.    Lawful authority
   110.    Other defences

           Division 3 - Special defences

   111.    Special defence for owners or operators
   112.    Special defence of compliance with direction

           Division 4 - General evidentiary provisions

   113.    Vicarious responsibility
   114.    Evidence
   115.    Evidence regarding weighing
   116.    Proof of appointments and signatures unnecessary
   117.    Transport documentation
   118.    Use of codes of practice &c. in proceedings

   PART 10 - Prohibition Notices

   119.    Definition
   120.    Prohibition notice may be served
   121.    Prohibition notice
   122.    Contravention of prohibition notice
   123.    Oral direction may be given before prohibition notice is served
   124.    Withdrawal of prohibition notice
   125.    Amendment of prohibition notice
   126.    Proceedings for offence not affected by prohibition notice

   PART 11 - Miscellaneous

           Division 1 - Indemnities

   127.    Protection from liability
   128.    Indemnity not affected by certain matters
   129.    Other indemnities not affected

           Division 2 - General

   130.    Dismissal or other victimisation of employee or contractor assisting with or reporting breaches
   131.    Confidentiality
   132.    False or misleading statements or records provided to Authority or officials
   133.    Contracting out prohibited
   134.    Recovery of costs of public authorities
   135.    Assistance in emergencies or accidents
   136.    Minister to notify adoption of code &c.
   137.    Delegation
   138.    Administration of Act
   139.    Consequential amendments
   140.    Legislation repealed
   141.    Legislation rescinded
   142.    Consequential amendments of regulations do not prevent their subsequent amendment
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3