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DANGEROUS GOODS (STORAGE AND HANDLING) REGULATIONS 2022 - NOTES

Version No. 002

S.R. No. 115/2022
Version incorporating amendments as at
1 October 2023

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Version No. 002

Dangerous Goods (Storage and Handling) Regulations 2022

S.R. No. 115/2022

Version incorporating amendments as at
1 October 2023

Endnotes

    1     General information

The Dangerous Goods (Storage and Handling) Regulations 2022, S.R. No. 115/2022 were made on 11 October 2022 by the Lieutenant-Governor as the Governor's deputy, with the advice of the Executive Council, under section 52 of the Dangerous Goods Act 1985, No. 10189/1985 and came into operation on 26 November 2022: regulation 3.

The Dangerous Goods (Storage and Handling) Regulations 2022 will sunset 10 years after the day of making on 11 October 2032 (see section 5 of the Subordinate Legislation Act 1994).

See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).

•     Examples, diagrams or notes

All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).

•     Punctuation

All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).

•     Provision numbers

All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).

    2     Table of Amendments

This publication incorporates amendments made to the Dangerous Goods (Storage and Handling) Regulations 2022 by statutory rules, subordinate instruments and Acts.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Dangerous Goods (Transport by Road or Rail) and (Storage and Handling) Amendment Regulations 2023, S.R. No. 103/2023

Date of Making:

26.9.23

Date of Commencement:

Reg. 16 on 1.10.23: reg. 3

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

    3     Explanatory details


[1] Reg. 4(a): S.R. No. 132/2012 as amended by S.R. Nos 56/2014, 91/2015, 22/2017, 155/2018, 140/2020 and 49/2021.

[2] Reg. 4(b): S.R. No. 56/2014.

[3] Reg. 4(c): S.R. No. 140/2020.

[4] Reg. 4(d): S.R. No. 49/2021.

[5] Reg. 5 def. of GHS: S.R. No. 22/2017 as amended by S.R. Nos 71/2018, 176/2018, 71/2019, 84/2020, 106/2020, 141/2020, 8/2021, 88/2021, 112/2021, 137/2021 and 53/2022.

[6] Reg. 5 def. of goods too dangerous to be transported: S.R. No. 155/2018 as amended by S.R. No. 27/2021.

[7] Reg. 6(b): S.R. No. 41/2022.

[8] Reg. 70(a): S.R. No. 141/2020.

——

Table of Applied, Adopted or Incorporated Matter

The following table of applied, adopted or incorporated matter was included in S.R. No. 115/2022 in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2014.

Statutory rule provision

Title of applied, adopted or incorporated document

Matter in applied, adopted or incorporated document

Regulation 5—definition of "Class label"

ADG Code

Part 5

Regulation 5—definition of control temperature

Manual of Tests and Criteria, seventh revised edition, published by the United Nations in 2019, as amended from time to time

ADG Code

The whole



Part 2


Statutory rule provision

Title of applied, adopted or incorporated document

Matter in applied, adopted or incorporated document

Regulation 5—definition of "fire point "

AS 1940:2017

Clause 1.4.23

Regulation 5—definition of "flash point "

AS/NZS 2106

The whole

Regulation 5—definition of "GHS "

Globally Harmonized System of Classification and Labelling of Chemicals, seventh revised edition, published by the United Nations in 2017

The whole

Regulation 5—definition of "hazardous area "

AS/NZS 60079.10.1:2009

The whole

Regulation 5—definition of proper shipping name

ADG Code

Parts 2 and 3

Regulation 5—definition of Subsidiary Hazard label

ADG Code

Chapter 5.2 of Part 5

Regulation 5—definition of "UN Number" or UN No.

ADG Code

Clause 2.0.2 and Part 3

Regulation 6(i)

ADG Code

Part 3

Regulation 6(j)(v)

ADG Code

Part 3

Regulation 13(2)(b)

AS 1940:2017

Clause 1.4.9

Regulation 19(2)(f)

ADG Code

Appendix A



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Statutory rule provision

Title of applied, adopted or incorporated document

Matter in applied, adopted or incorporated document

Regulation 38(2)(b)(i)

Workplace Exposure Standards for Airborne Contaminants, published by Safe Work Australia on its Internet site, as amended from time to time

The whole

Regulation 47(2)(a)

ADG Code

Part 5

Regulation 58(2)

ADG Code

Part 5

Schedule 3, clause 4(2)(c)

ADG Code

Appendix A

Schedule 3, clause 5(c)(i)

ADG Code

Appendix A

Schedule 3, clause 7

ADG Code

Part 11

Schedule 4, clause 1(3)

AS 2700S:2011 (R13)

The whole

Schedule 4, clauses 2(2)(c), 2(3)(a), 3(2)(a) and 3(5)

ADG Code

Chapter 5.3 of Part 5

Schedule 4—text attached to Figure 4

AS 2700S:2011 (R13)

AS 2700S:2011 (Y11)

The whole

The whole