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DANGEROUS GOODS AMENDMENT (TRANSPORT) BILL 2008

                 PARLIAMENT OF VICTORIA

      Dangerous Goods Amendment (Transport) Bill
                        2008



                     TABLE OF PROVISIONS
Clause                                                                  Page

PART 1--PRELIMINARY                                                        1
  1      Purposes                                                          1
  2      Commencement                                                      2

PART 2--AMENDMENT OF DANGEROUS GOODS ACT 1985                              3
  3      Principal Act                                                     3
  4      Definitions                                                       3
  5      Relationship of this Act to other statutory provisions            5
  6      Application of Act                                                6
  7      New section 9C                                                    6
         9C       Ministerial order suspending or varying operation
                  of regulations                                           6
  8      Adoption of ADG Code                                              7
  9      New sections 10C, 10D and 10E                                     9
         10C      Provision of information to corresponding Authority      9
         10D      Restrictions on disclosure of information                9
         10E      Circumstances in which information may be disclosed     10
  10     Places used for residential purposes                             12
  11     Which decisions are reviewable                                   12
  12     Review by Tribunal                                               12
  13     Licences                                                         13
  14     New section 21AA inserted                                        13
         21AA Failure to hold licence and other offences relating
                  to the transport of dangerous goods                     13
  15     Review of decision of Authority                                  16
  16     Conditions etc. in licences                                      16
  17     Authority may amend, suspend or revoke licences                  17
  18     Review of licence revocations etc.                               17
  19     Person required to take precautions                              17
  20     New sections 31A, 31B and 31C                                    19
         31A      Goods too dangerous to be transported                   19
         31B      Dangerous goods must be transported in safe manner      21
         31C      Aggravated offence                                      22



561197B.I-9/9/2008                   i       BILL LA INTRODUCTION 9/9/2008

 


 

Clause Page 21 New section 45C 23 45C Court may make order amending, suspending or revoking licence 23 22 Court may order forfeiture 23 23 Court may impose additional penalty in lieu of forfeiture 24 24 Costs of seizure etc. recoverable from convicted person 24 25 Power to make regulations 24 26 New section 53 25 53 Transitional regulations 25 27 New Part X 25 PART X--SAVINGS AND TRANSITIONAL PROVISIONS--DANGEROUS GOODS AMENDMENT (TRANSPORT) ACT 2008 25 68 Definitions 25 69 Authorised officers 26 70 Notices 26 71 Application for review 26 72 Lawful conduct under previous law 27 73 Notice of prohibition 27 74 References to Road Transport (Dangerous Goods) Act 1995 27 28 Schedule 2 28 PART 3--REPEAL OF ROAD TRANSPORT (DANGEROUS GOODS) ACT 1995 30 Division 1--Repeal 30 29 Repeal of Road Transport (Dangerous Goods) Act 1995 30 Division 2--Consequential Amendments to Other Acts 30 30 Accident Compensation Act 1985 30 31 Melbourne City Link Act 1995 31 32 Occupational Health and Safety Act 2004 31 33 Radiation Act 2005 31 PART 4--REPEAL OF AMENDING ACT 32 34 Repeal of Amending Act 32 ENDNOTES 33 561197B.I-9/9/2008 ii BILL LA INTRODUCTION 9/9/2008

 


 

PARLIAMENT OF VICTORIA Introduced in the Assembly Dangerous Goods Amendment (Transport) Bill 2008 A Bill for an Act to amend the Dangerous Goods Act 1985, to repeal the Road Transport (Dangerous Goods) Act 1995 and for other purposes. The Parliament of Victoria enacts: PART 1--PRELIMINARY 1 Purposes The main purposes of this Act are to-- (a) amend the Dangerous Goods Act 1985 to 5 facilitate the implementation of the primary model law contained in the new national legislative framework for the transport of dangerous goods by road and rail having regard to the statutory framework that exists 10 in Victoria; and 561197B.I-9/9/2008 1 BILL LA INTRODUCTION 9/9/2008

 


 

Dangerous Goods Amendment (Transport) Bill 2008 Part 1--Preliminary s. 2 (b) make related amendments to the Dangerous Goods Act 1985, including the alignment of penalties for general duty offences with those for similar offences relating to the 5 transport of dangerous goods; and (c) repeal the Road Transport (Dangerous Goods) Act 1995. 2 Commencement (1) This Act comes into operation on a day or days to 10 be proclaimed. (2) If a provision of this Act does not come into operation before 1 January 2010, it comes into operation on that day. __________________ 561197B.I-9/9/2008 2 BILL LA INTRODUCTION 9/9/2008

 


 

Dangerous Goods Amendment (Transport) Bill 2008 Part 2--Amendment of Dangerous Goods Act 1985 s. 3 PART 2--AMENDMENT OF DANGEROUS GOODS ACT 1985 3 Principal Act In this Part, the Dangerous Goods Act 1985 is See: Act No. called the Principal Act. 10/89. Reprint No. 7 as at 8 February 2008. LawToday: www. legislation. vic.gov.au 5 4 Definitions (1) In section 3(1) of the Principal Act-- (a) insert the following definitions-- "combination, in relation to a vehicle, means a road vehicle consisting of a motor 10 vehicle and one or more trailers; corresponding Authority has the same meaning as it has in section 5 of the Occupational Health and Safety Act 2004; 15 livestock has the same meaning as it has in section 3 of the Livestock Disease Control Act 1994; transport documentation means documentation relating to the transport 20 of dangerous goods required by regulations made under this Act; unit of rolling stock means a vehicle designed to run on rails and that is, in fact, being operated or used on rails;"; 561197B.I-9/9/2008 3 BILL LA INTRODUCTION 9/9/2008

 


 

Dangerous Goods Amendment (Transport) Bill 2008 Part 2--Amendment of Dangerous Goods Act 1985 s. 4 (b) for the definition of ADG Code substitute-- "ADG Code means the Australian Code for the Transport of Dangerous Goods by Road and Rail (Seventh edition or 5 subsequent edition) as in force from time to time in accordance with section 10;"; (c) in paragraph (b)(ii) of the definition of dangerous goods for "61" substitute "60"; 10 (d) after paragraph (b)(iia) of the definition of dangerous goods insert-- "(iib) any goods defined under the ADG Code or the regulations to be goods too dangerous to be transported; and"; 15 (e) for the definition of vehicle substitute-- "vehicle means any means of transport by land and includes a trailer, a semi- trailer, a combination and a unit of rolling stock.". 20 (2) After section 3(3) of the Principal Act insert-- "(4) For the purposes of this Act, involvement in the transport of dangerous goods includes any of the following-- (a) importing, or arranging for the 25 importation of, dangerous goods into Australia; (b) packing dangerous goods for transport; (c) marking or labelling packages containing dangerous goods for 30 transport; (d) placarding containers and vehicles in which dangerous goods are transported; 561197B.I-9/9/2008 4 BILL LA INTRODUCTION 9/9/2008

 


 

Dangerous Goods Amendment (Transport) Bill 2008 Part 2--Amendment of Dangerous Goods Act 1985 s. 5 (e) consigning dangerous goods for transport, including the preparation of transport documentation; (f) loading dangerous goods onto a 5 vehicle, or into a container that is to be put on a vehicle, for transport; (g) unloading dangerous goods that have been transported; (h) driving a vehicle carrying dangerous 10 goods; (i) being the consignee of dangerous goods that are transported; (j) undertaking, or being responsible for, the transport of dangerous goods, 15 otherwise than as an employee or sub-contractor; (k) being involved as a director, secretary or manager of a body corporate, or other person who takes part in the 20 management of the body corporate, that takes part in an activity included in this subsection.". 5 Relationship of this Act to other statutory provisions After section 8(1) of the Principal Act insert-- 25 "(2) Unless the contrary intention appears in any regulation, licence, permit, transport certificate, State environmental protection policy or waste management policy made, issued or declared under the Environment 30 Protection Act 1970, the provisions of this Act do not apply to-- (a) the transport of prescribed waste or prescribed industrial waste for which a permit or a transport certificate under 561197B.I-9/9/2008 5 BILL LA INTRODUCTION 9/9/2008

 


 

Dangerous Goods Amendment (Transport) Bill 2008 Part 2--Amendment of Dangerous Goods Act 1985 s. 6 Part 9A of the Environment Protection Act 1970 is required; or (b) the transport of waste undertaken in accordance with the requirements of 5 any national environment protection measure made under the National Environment Protection Council (Victoria) Act 1995.". 6 Application of Act 10 After section 9(eb) of the Principal Act insert-- "(ec) any culture or preparation of pathogenic micro-organisms or other material capable of causing disease in livestock or plants; Note 15 The regulation of material capable of causing disease in livestock or plants is provided, respectively, in the Livestock Disease Control Act 1994 and the Plant Health and Plant Products Act 1995. (ed) a genetically modified organism or GMO as 20 defined in the Gene Technology Act 2001;". 7 New section 9C After section 9B of the Principal Act insert-- '9C Ministerial order suspending or varying operation of regulations 25 (1) The Minister may, by an order published in the Government Gazette, order that the operation of any regulations under this Act relating to the transport of dangerous goods, other than explosives or HCDG, or the 30 operation of specified parts of such regulations-- (a) is suspended for a specified period; or (b) is varied in a manner specified in the order. 561197B.I-9/9/2008 6 BILL LA INTRODUCTION 9/9/2008

 


 

Dangerous Goods Amendment (Transport) Bill 2008 Part 2--Amendment of Dangerous Goods Act 1985 s. 8 (2) An order may have effect in relation to the whole of Victoria or to a specified area. (3) On or before the 6th sitting day after the order is published in the Government 5 Gazette, the Minister must ensure that a copy of the order is laid before each House of the Parliament. (4) A failure to comply with subsection (3) does not affect the operation or effect of the order 10 but the Scrutiny of Acts and Regulations Committee of the Parliament may report the failure to each House of Parliament. (5) An order may be disallowed in whole or in part by either House of Parliament. 15 (6) Part 5 of the Subordinate Legislation Act 1994 applies to an order as if-- (a) a reference in that Part to a "statutory rule" were a reference to the order; and (b) a reference in section 23(1)(c) of that 20 Part to "section 15(1)" were a reference to subsection (3).'. 8 Adoption of ADG Code (1) For section 10(1) of the Principal Act substitute-- 25 "(1) Without limiting the generality of section 52(3)(c), any regulation made under this Act may incorporate or adopt by reference the provisions of the Australian Code for the Transport of Dangerous Goods by Road and 30 Rail (Seventh edition or subsequent edition) wholly or partially or as amended by the regulation. 561197B.I-9/9/2008 7 BILL LA INTRODUCTION 9/9/2008

 


 

Dangerous Goods Amendment (Transport) Bill 2008 Part 2--Amendment of Dangerous Goods Act 1985 s. 8 (1A) A reference to a provision of the Australian Code for the Transport of Dangerous Goods by Road and Rail (Seventh edition or subsequent edition) is to be read as a 5 reference to that provision as in force from time to time. (1B) For the purposes of subsection (1A) and subject to subsection (1C), an amendment to a provision of the Australian Code for the 10 Transport of Dangerous Goods by Road and Rail (Seventh edition or subsequent edition) is in force-- (a) from the date notice of the amendment is published in the Government Gazette 15 by the Authority; or (b) a later date determined by the Authority and specified in the notice. (1C) If-- (a) the effect of the amendment is to 20 impose a new obligation or to alter an existing obligation under the regulations; and (b) the Authority has not determined a later date under subsection (1B)(b); 25 a person may choose to comply with the regulations as if the amendment had not been made until 6 months after the date the amendment is notified under subsection (1B).". 30 (2) In section 10(2) of the Principal Act for "or the regulations any" substitute "a". 561197B.I-9/9/2008 8 BILL LA INTRODUCTION 9/9/2008

 


 

Dangerous Goods Amendment (Transport) Bill 2008 Part 2--Amendment of Dangerous Goods Act 1985 s. 9 9 New sections 10C, 10D and 10E After section 10B of the Principal Act insert-- "10C Provision of information to corresponding Authority 5 Subject to the Information Privacy Act 2000, the Authority may provide information to a corresponding Authority about-- (a) any action taken by the Authority under this Act; or 10 (b) any information obtained under this Act, including any information contained in any records, devices or other things inspected or seized under this Act. 15 10D Restrictions on disclosure of information (1) This section applies to a person who is or has been-- (a) a member of the Authority's Board of Management; or 20 (b) appointed for the purpose of this Act by the Authority; or (c) engaged as a member of the Authority's staff; or (d) authorised to perform a function or 25 exercise a power of, or on behalf of, the Authority. (2) Subject to section 10E, a person to whom this section applies must not, except to the extent necessary to perform official duties or 30 to perform a function or exercise a power of, or on behalf of, the Authority-- 561197B.I-9/9/2008 9 BILL LA INTRODUCTION 9/9/2008

 


 

Dangerous Goods Amendment (Transport) Bill 2008 Part 2--Amendment of Dangerous Goods Act 1985 s. 9 (a) directly or indirectly make a record of or disclose to any other person any information acquired by the person by virtue of being a person to whom this 5 section applies; or (b) make use of any such information for any purpose other than-- (i) the performance of official duties; or 10 (ii) the performance of a function or exercise of a power of, or on behalf of, the Authority. Penalty: 100 penalty units. 10E Circumstances in which information may 15 be disclosed (1) Nothing in section 10D precludes a person from doing any of the following-- (a) producing a document to a court in the course of criminal proceedings; 20 (b) producing a document to a court or the Tribunal in the course of proceedings under this Act; (c) disclosing to a court in the course of criminal proceedings, or to a court or 25 the Tribunal in the course of proceedings under this Act, any matter or thing arising under this Act or coming to the notice of the person-- (i) in the performance of official 30 duties; or (ii) in the performance of a function or exercise of a power of, or on behalf of, the Authority; 561197B.I-9/9/2008 10 BILL LA INTRODUCTION 9/9/2008

 


 

Dangerous Goods Amendment (Transport) Bill 2008 Part 2--Amendment of Dangerous Goods Act 1985 s. 9 (d) producing a document or disclosing information with respect to a matter or thing arising under this Act to any of the following-- 5 (i) the Secretary to the Department of Treasury and Finance; (ii) a corresponding Authority; (iii) an authority, department or public body, within the meaning of the 10 Financial Management Act 1994, that has functions in relation to particular matters relating to occupational health and safety or dangerous goods arising under 15 this or another Act; (iv) a committee of the Parliament; (v) a person or body approved (in writing) by the Governor in Council for the purposes of this 20 section; (e) producing a document or disclosing information that is required or permitted by or under this or another Act to be produced or disclosed (as the 25 case may be). (2) The Minister must cause a report of requests for the approval of persons or bodies by the Governor in Council under subsection (1)(d)(v) to be laid before each House of the 30 Parliament within 14 sitting days of that House after 30 June in each year. 561197B.I-9/9/2008 11 BILL LA INTRODUCTION 9/9/2008

 


 

Dangerous Goods Amendment (Transport) Bill 2008 Part 2--Amendment of Dangerous Goods Act 1985 s. 10 (3) The report must include the following matters in respect of each request-- (a) the name of the person sought to be approved; 5 (b) the reason for the request; (c) the date of the request; (d) whether the request was approved or refused.". 10 Places used for residential purposes 10 After section 16(2) of the Principal Act insert-- "(3) For the purposes of subsection (1), a place is not being used for residential purposes merely because temporary or casual sleeping or other accommodation is provided in the 15 place for vehicle drivers. Example The sleeping area in the rear of a truck's cabin is not a place being used for residential purposes.". 11 Which decisions are reviewable 20 After section 20(1) of the Principal Act insert-- "(1A) In addition, regulations made under this Act may specify that a decision made by the Authority under a prescribed provision of those regulations is a reviewable decision 25 and specify who is an eligible person in relation to the decision.". 12 Review by Tribunal (1) After section 20B(1) of the Principal Act insert-- "(1A) However, a person may only apply to the 30 Tribunal for a review of a reviewable decision made by the Authority under the regulations if-- 561197B.I-9/9/2008 12 BILL LA INTRODUCTION 9/9/2008

 


 

Dangerous Goods Amendment (Transport) Bill 2008 Part 2--Amendment of Dangerous Goods Act 1985 s. 13 (a) the person is an eligible person in relation to the reviewable decision; and (b) a review has been conducted in the prescribed manner by the Authority as a 5 result of which-- (i) the reviewable decision has been confirmed; or (ii) an earlier decision has been set aside and the reviewable decision 10 has been made in place of the earlier decision.". (2) After section 20B(2)(a) of the Principal Act insert-- "(ab) if the decision is made under the regulations, 15 within 14 days after the person received notice of the confirmation of the decision or the new decision, as the case may be; or". 13 Licences In section 21(2) of the Principal Act, after "action" 20 insert "(other than an action to which section 21AA(9) refers)". 14 New section 21AA inserted After section 21 of the Principal Act insert-- "21AA Failure to hold licence and other offences 25 relating to the transport of dangerous goods (1) This section does not apply in relation to a HCDG licence or an explosives licence. (2) A prime contractor must not use a vehicle to 30 transport dangerous goods (other than as the driver of the vehicle) if-- (a) the regulations require the vehicle to be licensed to transport the goods; and 561197B.I-9/9/2008 13 BILL LA INTRODUCTION 9/9/2008

 


 

Dangerous Goods Amendment (Transport) Bill 2008 Part 2--Amendment of Dangerous Goods Act 1985 s. 14 (b) the vehicle is not licensed under the regulations. Penalty: If the failure results in death or serious injury to a person-- 5 (a) in the case of an individual, 500 penalty units or imprisonment for 2 years; or (b) in the case of a body corporate, 2500 penalty 10 units. In any other case-- (c) in the case of an individual, 500 penalty units; or (d) in the case of a body 15 corporate, 2500 penalty units. (3) For the purposes of subsection (2), prime contractor, in respect of the transport of dangerous goods by road, means the person 20 who, in conducting a business for or involving the transport of dangerous goods by road, has undertaken to be responsible for, or is responsible for, the transport of the goods by road. 25 (4) An offence against subsection (2) is an indictable offence. Note However, the offence may be heard and determined summarily (see section 53 of, and Schedule 4 to, the 30 Magistrates' Court Act 1989). 561197B.I-9/9/2008 14 BILL LA INTRODUCTION 9/9/2008

 


 

Dangerous Goods Amendment (Transport) Bill 2008 Part 2--Amendment of Dangerous Goods Act 1985 s. 14 (5) A person must not consign dangerous goods for transport by road on a vehicle if the person knows, or reasonably ought to know that-- 5 (a) the regulations require the vehicle to be licensed to transport the goods; and (b) the vehicle is not licensed under the regulations. Penalty: In the case of a natural person, 10 100 penalty units; In the case of a body corporate, 500 penalty units. (6) A person must not employ, engage or permit another person to drive a vehicle transporting 15 dangerous goods if the other person is required by the regulations to be licensed to drive the vehicle and is not so licensed. Penalty: If the failure results in death or serious injury to a person-- 20 (a) in the case of an individual, 500 penalty units or imprisonment for 2 years; or (b) in the case of a body corporate, 2500 penalty 25 units. In any other case-- (c) in the case of an individual, 500 penalty units; or (d) in the case of a body 30 corporate, 2500 penalty units. 561197B.I-9/9/2008 15 BILL LA INTRODUCTION 9/9/2008

 


 

Dangerous Goods Amendment (Transport) Bill 2008 Part 2--Amendment of Dangerous Goods Act 1985 s. 15 (7) An offence against subsection (6) is an indictable offence. Note However, the offence may be heard and determined 5 summarily (see section 53 of, and Schedule 4 to, the Magistrates' Court Act 1989). (8) A person must not drive a vehicle transporting dangerous goods if-- (a) the regulations require the vehicle to be 10 licensed to transport the goods; and (b) the vehicle is not licensed under the regulations. Penalty: 100 penalty units. (9) A person must not drive a vehicle 15 transporting dangerous goods if-- (a) the regulations require the person to be licensed to drive the vehicle; and (b) the person is not licensed under the regulations. 20 Penalty: 100 penalty units.". 15 Review of decision of Authority After section 22(2) of the Principal Act insert-- "(3) This section does not apply in relation to a decision of the Authority under the 25 regulations which is prescribed by the regulations to be a reviewable decision.". 16 Conditions etc. in licences After section 23(4) of the Principal Act insert-- "(5) Subsections (3) and (4) do not apply in 30 relation to a decision of the Authority under the regulations which is prescribed by the regulations to be a reviewable decision.". 561197B.I-9/9/2008 16 BILL LA INTRODUCTION 9/9/2008

 


 

Dangerous Goods Amendment (Transport) Bill 2008 Part 2--Amendment of Dangerous Goods Act 1985 s. 17 17 Authority may amend, suspend or revoke licences After section 24(1) of the Principal Act insert-- "(1A) Without limiting the power of the Authority under subsection (1), the regulations may 5 prescribe grounds on which the Authority may, or must, amend, suspend or revoke a licence.". 18 Review of licence revocations etc. After section 25(2) of the Principal Act insert-- 10 "(3) This section does not apply in relation to a decision of the Authority under the regulations which is prescribed by the regulations to be a reviewable decision.". 19 Person required to take precautions 15 (1) In sections 31(1)(a) and 31(1)(b) of the Principal Act for "shall" substitute "must". (2) At the foot of section 31(1) of the Principal Act insert-- "Penalty: If the failure results in death or serious 20 injury to a person-- (a) in the case of an individual, 500 penalty units or imprisonment for 2 years; or (b) in the case of a body corporate, 25 2500 penalty units. In any other case-- (c) in the case of an individual, 500 penalty units; or (d) in the case of a body corporate, 30 2500 penalty units.". 561197B.I-9/9/2008 17 BILL LA INTRODUCTION 9/9/2008

 


 

Dangerous Goods Amendment (Transport) Bill 2008 Part 2--Amendment of Dangerous Goods Act 1985 s. 19 (3) In section 31(2) of the Principal Act for "shall" substitute "must". (4) At the foot of section 31(2) of the Principal Act insert-- 5 "Penalty: If the failure results in death or serious injury to a person-- (a) in the case of an individual, 500 penalty units or imprisonment for 2 years; or 10 (b) in the case of a body corporate, 2500 penalty units. In any other case-- (c) in the case of an individual, 500 penalty units; or 15 (d) in the case of a body corporate, 2500 penalty units.". (5) In section 31(4) of the Principal Act for "shall" substitute "must". (6) At the foot of section 31(4) of the Principal Act 20 insert-- "Penalty: If the failure results in death or serious injury to a person-- (a) in the case of an individual, 500 penalty units or imprisonment 25 for 2 years; or (b) in the case of a body corporate, 2500 penalty units. In any other case-- (c) in the case of an individual, 30 500 penalty units; or (d) in the case of a body corporate, 2500 penalty units.". 561197B.I-9/9/2008 18 BILL LA INTRODUCTION 9/9/2008

 


 

Dangerous Goods Amendment (Transport) Bill 2008 Part 2--Amendment of Dangerous Goods Act 1985 s. 20 (7) After section 31(4) of the Principal Act insert-- "(5) An offence against subsection (1), (2) or (4) is an indictable offence. Note 5 However, the offence may be heard and determined summarily (see section 53 of, and Schedule 4 to, the Magistrates' Court Act 1989).". 20 New sections 31A, 31B and 31C After section 31 of the Principal Act insert-- 10 "31A Goods too dangerous to be transported (1) A person must not consign goods for transport if the goods are classified by the regulations as goods too dangerous to be transported. 15 Penalty: If the failure results in death or serious injury to a person-- (a) in the case of an individual, 500 penalty units or imprisonment for 2 years; or 20 (b) in the case of a body corporate, 2500 penalty units. In any other case-- (c) in the case of an individual, 25 500 penalty units; or (d) in the case of a body corporate, 2500 penalty units. 561197B.I-9/9/2008 19 BILL LA INTRODUCTION 9/9/2008

 


 

Dangerous Goods Amendment (Transport) Bill 2008 Part 2--Amendment of Dangerous Goods Act 1985 s. 20 (2) A person must not arrange for the transportation of goods on a vehicle owned or controlled by the person if the goods are classified by the regulations as goods too 5 dangerous to be transported. Penalty: If the failure results in death or serious injury to a person-- (a) in the case of an individual, 500 penalty units or 10 imprisonment for 2 years; or (b) in the case of a body corporate, 2500 penalty units. In any other case-- 15 (c) in the case of an individual, 500 penalty units; or (d) in the case of a body corporate, 2500 penalty units. 20 (3) An offence against subsection (1) or (2) is an indictable offence. Note However, the offence may be heard and determined summarily (see section 53 of, and Schedule 4 to, the 25 Magistrates' Court Act 1989). (4) For the purposes of subsection (1), the person who consigns goods for transport is-- (a) the person named or otherwise identified in transport documentation, 30 with the person's authority, as the consignor of the goods; or (b) if no person is so named or identified, the person to whom subsection (5) or (6) applies. 561197B.I-9/9/2008 20 BILL LA INTRODUCTION 9/9/2008

 


 

Dangerous Goods Amendment (Transport) Bill 2008 Part 2--Amendment of Dangerous Goods Act 1985 s. 20 (5) This subsection applies to-- (a) the person who engages a prime contractor or rail operator, either directly or through an agent or other 5 intermediary, to transport the goods; or (b) if paragraph (a) does not apply to anyone, the person who has possession of, or control over, the goods immediately before the goods are 10 transported; or (c) if neither paragraph (a) nor (b) applies to anyone, the person who loads a vehicle with the goods, for transport, at a place-- 15 (i) where the dangerous goods are awaiting collection; and (ii) that is unattended (except by the driver) during loading. (6) If subsection (5) does not apply to anyone, 20 this subsection applies to the person who imports the goods into Australia. 31B Dangerous goods must be transported in safe manner (1) A person involved in the transport of 25 dangerous goods (other than HCDG which do not have a UN number or explosives) by road or rail must, as far as is practicable, ensure that the dangerous goods are transported in a safe manner. 30 Penalty: If the failure results in death or serious injury to a person-- (a) in the case of an individual, 500 penalty units or imprisonment for 2 years; or 561197B.I-9/9/2008 21 BILL LA INTRODUCTION 9/9/2008

 


 

Dangerous Goods Amendment (Transport) Bill 2008 Part 2--Amendment of Dangerous Goods Act 1985 s. 20 (b) in the case of a body corporate, 2500 penalty units. In any other case-- 5 (c) in the case of an individual, 500 penalty units; or (d) in the case of a body corporate, 2500 penalty units. 10 (2) An offence against subsection (1) is an indictable offence. Note However, the offence may be heard and determined summarily (see section 53 of, and Schedule 4 to, the 15 Magistrates' Court Act 1989). 31C Aggravated offence (1) A person must not fail to comply with a relevant provision of this Act in circumstances in which, immediately before 20 or during the failure to comply with the provision, the person knew, or ought reasonably to have known, that the failure would, or would be likely to, endanger the safety or health of another person, property 25 or the environment. Penalty: In the case of a natural person, 1000 penalty units or imprisonment for 4 years; In the case of a body corporate, 30 5000 penalty units. (2) For the purposes of subsection (1), relevant provision means-- (a) section 31, 31A or 31B; or 561197B.I-9/9/2008 22 BILL LA INTRODUCTION 9/9/2008

 


 

Dangerous Goods Amendment (Transport) Bill 2008 Part 2--Amendment of Dangerous Goods Act 1985 s. 21 (b) a provision of the regulations which is prescribed for the purposes of this section. (3) An offence against subsection (1) is an 5 indictable offence. Note However, the offence may be heard and determined summarily (see section 53 of, and Schedule 4 to, the Magistrates' Court Act 1989).". 10 21 New section 45C After section 45B of the Principal Act insert-- "45C Court may make order amending, suspending or revoking licence (1) If the driver of a vehicle is convicted of an 15 offence under section 31A, 31B or 31C, the Court may, in addition to any penalty it imposes for that offence, make an order for either or both of the following-- (a) that a licence the driver is required to 20 have by the regulations is-- (i) cancelled; or (ii) modified or suspended for a specified period; (b) that the driver is disqualified from 25 obtaining or holding a licence a person is required to have by the regulations for a specified period. (2) An order under this section operates by force of this Act and takes effect immediately or 30 from a later date specified in the order.". 22 Court may order forfeiture In sections 48(1) and 48(2) of the Principal Act, after "dangerous goods" insert "or containers". 561197B.I-9/9/2008 23 BILL LA INTRODUCTION 9/9/2008

 


 

Dangerous Goods Amendment (Transport) Bill 2008 Part 2--Amendment of Dangerous Goods Act 1985 s. 23 23 Court may impose additional penalty in lieu of forfeiture In section 49 of the Principal Act, after "dangerous goods" (wherever occurring) insert 5 "or containers". 24 Costs of seizure etc. recoverable from convicted person In section 50 of the Principal Act-- (a) after "dangerous goods" insert "or 10 containers"; and (b) after "those goods" insert "or containers". 25 Power to make regulations After section 52(3) of the Principal Act insert-- "(3A) Regulations made under this Act-- 15 (a) may leave any matter or thing to be from time to time determined, applied, dispensed with or regulated by a specified body, specified person or specified class of persons; 20 (b) may confer powers or impose duties in connection with the regulations on any specified body, specified person or specified class of persons; (c) may permit a person or body on whom 25 a power or function has been conferred under the regulations to authorise another person or body to exercise that power or perform that function.". 561197B.I-9/9/2008 24 BILL LA INTRODUCTION 9/9/2008

 


 

Dangerous Goods Amendment (Transport) Bill 2008 Part 2--Amendment of Dangerous Goods Act 1985 s. 26 26 New section 53 After section 52 of the Principal Act insert-- "53 Transitional regulations (1) The Governor in Council may make 5 regulations containing provisions of a saving or transitional nature consequent on the enactment of the Dangerous Goods Amendment (Transport) Act 2008. (2) Regulations made under this section have 10 effect despite anything to the contrary in any Act (other than this Act or the Charter of Human Rights and Responsibilities) or in any subordinate legislation. (3) This section expires on 1 January 2011.". 15 27 New Part X After Part IX of the Principal Act insert-- "PART X--SAVINGS AND TRANSITIONAL PROVISIONS--DANGEROUS GOODS AMENDMENT (TRANSPORT) ACT 2008 20 68 Definitions In this Part-- applied Act means the Road Transport Reform (Dangerous Goods) Act 1995 of the Commonwealth as applied by the 25 Road Transport (Dangerous Goods) Act 1995; commencement day means the day on which section 27 of the Dangerous Goods Amendment (Transport) Act 2008 30 comes into operation. 561197B.I-9/9/2008 25 BILL LA INTRODUCTION 9/9/2008

 


 

Dangerous Goods Amendment (Transport) Bill 2008 Part 2--Amendment of Dangerous Goods Act 1985 s. 27 69 Authorised officers A person who was an authorised officer under section 14 of the applied Act as in force immediately before the commencement 5 day is taken to have been appointed as an inspector under section 11 on the same terms and conditions. 70 Notices (1) Subsection (2) applies if-- 10 (a) a notice to remedy a contravention was given under section 28 of the applied Act; and (b) immediately before the commencement day, the matters causing the 15 contravention remain unremedied. (2) The notice is taken to be a provisional direction issued under section 17A. (3) Subsection (4) applies if-- (a) a notice to avert, eliminate or minimise 20 danger was issued under section 29 of the applied Act; and (b) immediately before the commencement day, no measures have been taken to avert, eliminate or minimise the danger. 25 (4) The notice is taken to be a prohibition notice issued under section 17D. 71 Application for review (1) This section applies to any application for a review of a decision made to the Victorian 30 Civil and Administrative Tribunal under section 7 of the Road Transport (Dangerous Goods) Act 1995 which has not been determined before the commencement day. 561197B.I-9/9/2008 26 BILL LA INTRODUCTION 9/9/2008

 


 

Dangerous Goods Amendment (Transport) Bill 2008 Part 2--Amendment of Dangerous Goods Act 1985 s. 27 (2) The application may be determined in accordance with that section as if the Road Transport (Dangerous Goods) Act 1995 had not been repealed. 5 72 Lawful conduct under previous law A person does not commit an offence under this Act if, within the period of 12 months after the commencement day-- (a) the person transports dangerous goods 10 by road in accordance with the provisions applying by reason of sections 5 and 6 of the Road Transport (Dangerous Goods) Act 1995 as in force immediately before the 15 commencement day; or (b) the person transports dangerous goods by rail in accordance with the Dangerous Goods (Transport by Rail) Regulations 1998 as in force 20 immediately before the commencement day. 73 Notice of prohibition A notice published in accordance with section 9AA of the Road Transport 25 (Dangerous Goods) Act 1995 in force immediately before the commencement day remains in force after the commencement day as if the notice were a notice made under the regulations. 30 74 References to Road Transport (Dangerous Goods) Act 1995 As from the commencement day, any reference in any Act, regulation, local law, subordinate instrument or other document to 35 the Road Transport (Dangerous Goods) 561197B.I-9/9/2008 27 BILL LA INTRODUCTION 9/9/2008

 


 

Dangerous Goods Amendment (Transport) Bill 2008 Part 2--Amendment of Dangerous Goods Act 1985 s. 28 Act 1995 is to be construed as a reference to the Dangerous Goods Act 1985.". 28 Schedule 2 (1) In Schedule 2 to the Principal Act-- 5 (a) after clause 14 insert-- "14A The determination of routes along which, the areas in which and the times during which dangerous goods may or may not be transported."; 10 (b) after clause 25 insert-- "25A Voluntary accreditation schemes, including privileges to be accorded or sanctions to be imposed under the schemes and the cancellation or 15 suspension of the schemes. 25B The requirement for mandatory accreditation of persons involved in the transport of dangerous goods or particular aspects of that transport."; 20 (c) after clause 27 insert-- "27AA Providing for the licensing of-- (a) vehicles and drivers for the purpose of the transport of dangerous goods; and 25 (b) persons responsible for the transport of dangerous goods or for vehicles used in that transport. 27AB Providing for the amendment, suspension or revocation of a licence to 30 which clause 27 or 27AA applies.". (2) In clause 32 of Schedule 2 to the Principal Act, for "and explosion" substitute ", explosion and other dangerous situations". 561197B.I-9/9/2008 28 BILL LA INTRODUCTION 9/9/2008

 


 

Dangerous Goods Amendment (Transport) Bill 2008 Part 2--Amendment of Dangerous Goods Act 1985 s. 28 (3) For clause 39 of Schedule 2 to the Principal Act substitute-- "39 The reporting of any fires, explosions, leakages or other dangerous situations 5 involving dangerous goods.". (4) In Schedule 2 to the Principal Act, after clause 70 insert-- "71 Insurance or other forms of indemnity required to cover the use of a vehicle to 10 transport dangerous goods. 72 The recognition of determinations, exemptions, approvals and licences issued or granted by a corresponding Authority. 73 The reference of matters concerning 15 determinations, exemptions or approvals to a specified body. 74 The adoption of decisions of a specified body as decisions of the Authority. 75 The reconsideration and review by the 20 Authority of its decisions. 76 Prescribing decisions of the Authority under the regulations to be reviewable decisions for the purposes of Part IIA.". __________________ 561197B.I-9/9/2008 29 BILL LA INTRODUCTION 9/9/2008

 


 

Dangerous Goods Amendment (Transport) Bill 2008 Part 3--Repeal of Road Transport (Dangerous Goods) Act 1995 s. 29 PART 3--REPEAL OF ROAD TRANSPORT (DANGEROUS GOODS) ACT 1995 Division 1--Repeal See: 29 Repeal of Road Transport (Dangerous Goods) Act Act No. 5 84/1995. 1995 Reprint No. 2 as at The Road Transport (Dangerous Goods) Act 6 January 2000 1995 is repealed. and amending Act Nos 49/2004 and 62/2005. LawToday: www. legislation. vic.gov.au Division 2--Consequential Amendments to Other Acts 30 Accident Compensation Act 1985 10 (1) In section 5(1) of the Accident Compensation Act 1985, in the definition of corresponding Authority, for ", the Equipment (Public Safety) Act 1994 or the Road Transport (Dangerous Goods) Act 1995" substitute "or the Equipment 15 (Public Safety) Act 1994". (2) In section 20C(1) of the Accident Compensation Act 1985, for ", the Mines Act 1958 and the Road Transport (Dangerous Goods) Act 1995" substitute "and the Mines Act 1958". 20 (3) In section 32(3)(ba) of the Accident Compensation Act 1985, for ", the Mines Act 1958 or the Road Transport (Dangerous Goods) Act 1995" substitute "or the Mines Act 1958". 561197B.I-9/9/2008 30 BILL LA INTRODUCTION 9/9/2008

 


 

Dangerous Goods Amendment (Transport) Bill 2008 Part 3--Repeal of Road Transport (Dangerous Goods) Act 1995 s. 31 (4) For section 32(3)(bb)(ii) of the Accident Compensation Act 1985, substitute-- "(ii) the Dangerous Goods Act 1985 and the regulations made under that Act;". 5 (5) In section 32(3)(bc) of the Accident Compensation Act 1985, for ", the Mines Act 1958 and the Road Transport (Dangerous Goods) Act 1995" substitute "and the Mines Act 1958". 10 31 Melbourne City Link Act 1995 Section 90A(2)(ab)(iii) of the Melbourne City Link Act 1995 is repealed. 32 Occupational Health and Safety Act 2004 (1) In section 5(1) of the Occupational Health and 15 Safety Act 2004, in the definition of corresponding Authority, for ", the Equipment (Public Safety) Act 1994 or the Road Transport (Dangerous Goods) Act 1995" substitute "or the Equipment (Public Safety) Act 1994". 20 (2) In section 137(2)(b) of the Occupational Health and Safety Act 2004, for ", the Dangerous Goods Act 1985 or the Road Transport (Dangerous Goods) Act 1995" substitute "or the Dangerous Goods Act 1985". 25 33 Radiation Act 2005 Section 145 of the Radiation Act 2005 is repealed. __________________ 561197B.I-9/9/2008 31 BILL LA INTRODUCTION 9/9/2008

 


 

Dangerous Goods Amendment (Transport) Bill 2008 Part 4--Repeal of Amending Act s. 34 PART 4--REPEAL OF AMENDING ACT 34 Repeal of Amending Act This Act is repealed on 1 January 2011. Note 5 The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984). 561197B.I-9/9/2008 32 BILL LA INTRODUCTION 9/9/2008

 


 

Dangerous Goods Amendment (Transport) Bill 2008 Endnotes ENDNOTES By Authority. Government Printer for the State of Victoria. 561197B.I-9/9/2008 33 BILL LA INTRODUCTION 9/9/2008

 


 

 


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