Victorian Consolidated Regulations Victorian Consolidated RegulationsIn these Regulations—
"administrative controls" means controls that use systems of work to eliminate or reduce risk and that do not involve engineering controls or the use of personal protective equipment;
"article" means a manufactured item, other than a fluid or particle, that—
(a) is formed into a particular shape or design during manufacture; and
(b) has hazardous properties and a function that are wholly or partly dependent on that shape or design—
and includes batteries, aerosols, gas-filled lighters, seat belt pre-tensioners and refrigerating machines;
AS 1940:2017 means Australian Standard AS 1940:2017, "The storage and handling of flammable and combustible liquids", published by Standards Australia in 2017, as amended from time to time;
AS 2700S:2011 (R13) means Australian Standard AS 2700S:2011 (R13), "Colour standards for general purposes—Signal Red", published by Standards Australia in 2011, as amended from time to time;
AS 2700S:2011 (Y11) means Australian Standard AS 2700S:2011 (Y11), "Colour standards for general purposes—Canary", published by Standards Australia in 2011, as amended from time to time;
AS/NZS 2106 means the series of Australian Standards and Australian and New Zealand Standards referred to in Schedule 1, published by Standards Australia in 2005 and jointly by Standards Australia and Standards New Zealand in 1999, as amended from time to time;
AS/NZS 60079.10.1:2009 means Australian and New Zealand Standard AS/NZS 60079.10.1:2009, "Explosive atmospheres, Part 10.1: Classification of areas—Explosive gas atmospheres", published jointly by Standards Australia and Standards New Zealand in 2009, as amended from time to time;
"bulk", in relation to dangerous goods, means any quantity of dangerous goods that is—
(a) in a container with a capacity exceeding 500 L or a net mass of more than 500 kg; or
(b) if the dangerous goods are a solid, an undivided quantity exceeding 500 kg;
"business day "means a day other than a Saturday, a Sunday or a public holiday appointed under the Public Holidays Act 1993 ;
C1 combustible liquid means—
(a) liquid dangerous goods that have—
(i) a flash point that is higher than 60°C, but not higher than 93°C; and
(ii) a fire point that is lower than the boiling point; or
(b) a combustible liquid that is determined under regulation 10 to be a C1 combustible liquid for the purposes of these Regulations;
"capacity", in relation to a container, means the internal volume of the container expressed in litres at 15 o C;
"Class label" means a label of a type specified in the ADG Code for a UN Class of dangerous goods;
"combustible liquid" means any liquid dangerous goods with a flash point higher than 60°C;
"compatible", in relation to 2 or more substances or items, means that the substances or items will not react together to cause a fire, explosion or harmful reaction or the evolution of flammable, corrosive or toxic vapours;
consumer package means a package that is intended for retail display and sale;
"control temperature" means the maximum temperature at which dangerous goods can be safely stored and handled as specified or determined by, or in accordance with—
(a) Manual of Tests and Criteria, seventh revised edition, published by the United Nations in 2019, as amended from time to time; and
(b) Part 2 of the ADG Code;
"current SDS "means the most recent SDS of a manufacturer or first supplier that has been—
(a) prepared in accordance with regulation 19 or 20; and
(b) if applicable, reviewed and revised in accordance with regulation 21 ;
"dangerous goods in transit" means dangerous goods that are—
(a) supplied to premises in containers that are not opened at the premises; and
(b) not used at the premises; and
(c) kept at the premises for a period of not more than 5 consecutive days;
"emergency" means an event that exposes a person or property in the vicinity of the event to an immediate risk through—
(a) an explosion, fire or harmful reaction or the evolution of flammable, corrosive or toxic vapours involving dangerous goods; or
(b) the escape, spillage or leakage of any dangerous goods;
"emergency services authority", in relation to any premises where dangerous goods are stored and handled, means—
(a) Fire Rescue Victoria; or
(b) the Country Fire Authority—
whichever is appropriate to the location of the premises;
"employer" has the same meaning as in the Occupational Health and Safety Act 2004 ;
fire point has the same meaning as in AS 1940:2017;
"fire protection system", in relation to premises, means the fire protection equipment and firefighting equipment used to combat or mitigate any emergency occurring at the premises;
"fire risk dangerous goods" means dangerous goods of—
(a) UN Class 2.1, 3, 4.1, 4.2, 4.3, 5.1 or 5.2; or
(b) Subsidiary Hazard 2.1, 3, 4.1, 4.2, 4.3, 5.1 or 5.2;
"first supplier", in relation to goods referred to in regulation 13 or dangerous goods, means a person who—
(a) has not manufactured the goods in Victoria; and
(b) is, or intends to be, the first person to supply the goods in Victoria to another person;
Example
A person who imports the goods into Victoria from overseas or interstate.
"flash point" means the temperature at which a liquid first evolves vapour in a sufficient quantity to be ignited when tested in accordance with—
(a) AS/NZS 2106; or
(b) a technical standard that specifies a test that is equivalent to that specified in AS/NZS 2106;
"GHS "has the same meaning as in regulation 5 of the Occupational Health and Safety Regulations 2017 [5] ;
"goods too dangerous to be transported" has the same meaning as in regulation 39 of the Dangerous Goods (Transport by Road or Rail) Regulations 2018 [6] ;
"handling", in relation to any type of goods, includes—
(a) conveying the goods within premises, including within pipework; and
(b) manufacturing, processing, using, treating, dispensing, packing, supplying, transferring, rendering harmless, disposing of or destroying the goods;
"hazard" means any thing, activity, occurrence or circumstance of any kind that has the potential to cause injury to persons or damage to property by—
(a) an explosion, fire or harmful reaction or the evolution of flammable, corrosive or toxic vapours involving dangerous goods; or
(b) the escape, spillage or leakage of any dangerous goods;
hazard class means the nature of a physical, health or environmental hazard under the GHS;
hazardous area has the same meaning as in AS/NZS 60079.10.1:2009;
hazardous substance has the same meaning as in regulation 5 of the Occupational Health and Safety Regulations 2017 ;
"health and safety representative" has the same meaning as in the Occupational Health and Safety Act 2004 ;
IBC or intermediate bulk container has the same meaning as in regulation 11 of the Dangerous Goods (Transport by Road or Rail) Regulations 2018;
"ignition source" means a source of energy sufficient to ignite a flammable atmosphere and includes—
(a) a naked flame, exposed incandescent material, an electrical welding arc or a mechanical or static spark; and
(b) any electrical or mechanical equipment that is not specifically designed to be used in a hazardous area;
"incident" means—
(a) an emergency; or
(b) an unintended event that, but for the intervention of a risk control measure or a human intervention, is likely to result in an emergency;
"inner packaging" has the same meaning as in regulation 5 of the Dangerous Goods (Transport by Road or Rail) Regulations 2018;
"isolation", of dangerous goods from a person, property or thing, means the physical separation of the dangerous goods from the person, property or thing by distance or a physical barrier;
"notifiable goods" means dangerous goods that are stored and handled in quantities that exceed the relevant quantities specified in column 5 in the table in Schedule 2;
"package" has the same meaning as in regulation 5 of the Dangerous Goods (Transport by Road or Rail) Regulations 2018;
"packaged dangerous goods" means dangerous goods or C1 combustible liquids that are in a container with a net capacity of not more than 500 L or a net mass of not more than 500 kg;
"packaging" has the same meaning as in regulation 5 of the Dangerous Goods (Transport by Road or Rail) Regulations 2018;
Examples
Inner, outer or composite packaging, overpacks, large packaging, IBCs, tanks, bulk and freight containers, drums, barrels, jerry cans, boxes and bags.
"Packing Group" has the same meaning as in regulation 42 of the Dangerous Goods (Transport by Road or Rail) Regulations 2018;
"pipework", in relation to dangerous goods, means—
(a) a pipe or an assembly of pipes; and
(b) associated pipe fittings, valves and pipe accessories—
used to convey dangerous goods;
plant includes—
(a) any machinery, equipment, appliance, implement and tool; and
(b) any component of any of those things; and
(c) anything fitted, connected or related to any of those things;
"pool chlorine" means—
(a) calcium hypochlorite; or
(b) dichloroisocyanuric acid and its salts; or
(c) trichloroisocyanuric acid;
"product name", in relation to dangerous goods, means the brand name or trade name given to the dangerous goods by the manufacturer or any supplier of the dangerous goods;
"proper shipping name" has the same meaning as in the ADG Code;
"reasonably practicable" means reasonably practicable having regard to—
(a) the likelihood of any hazard or risk concerned eventuating; and
(b) the degree of harm to persons or property that would result if any hazard or risk eventuated; and
(c) what the person concerned knows, or ought reasonably to know, about any hazard or risk and any ways of eliminating or reducing the hazard or risk; and
(d) the availability and suitability of ways to eliminate or reduce any hazard or risk; and
(e) the cost of eliminating or reducing any hazard or risk;
"receptacle", in relation to dangerous goods, means a container, plant, pipework or any other thing that can contain dangerous goods;
"road vehicle" means a vehicle that does not consist of a unit or units of rolling stock;
Safe Work Australia means Safe Work Australia as established by section 5 of the Safe Work Australia Act 2008 of the Commonwealth;
"SDS "means a safety data sheet required to be prepared under regulation 19;
"stabiliser", in relation to dangerous goods, means any substance (including any diluent, inhibitor, desensitiser, phlegmatizer, solvent, wetting agent or adulterant) that—
(a) is added to or present in dangerous goods; and
(b) overcomes the chemical instability inherent in the dangerous goods;
"Subsidiary Hazard" has the same meaning as in regulation 41 of the Dangerous Goods (Transport by Road or Rail) Regulations 2018;
"Subsidiary Hazard label", in relation to dangerous goods, means a label of a type specified in the ADG Code for the Subsidiary Hazard of the dangerous goods;
"tank", in relation to dangerous goods, means a container, other than an IBC, that is used or designed to be used to transport, store or handle dangerous goods in the form of a gas or a liquid in bulk and includes fittings, closures and any other equipment forming part of the container;
"the Act" means the Dangerous Goods Act 1985 ;
"UN Class", in relation to dangerous goods, has the same meaning as in regulation 5 of the Dangerous Goods (Transport by Road or Rail) Regulations 2018;
"underground tank" means a permanent tank that is wholly or partially located beneath the ground;
"UN Division", in relation to dangerous goods, has the same meaning as in regulation 5 of the Dangerous Goods (Transport by Road or Rail) Regulations 2018;
"UN Number" or UN No. has the same meaning as in the ADG Code;
"workplace" has the same meaning as in the Occupational Health and Safety Act 2004 .