Victorian Numbered Acts

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DANGEROUS GOODS AMENDMENT (TRANSPORT) ACT 2008 (NO. 66 OF 2008) - SECT 27

New Part X

After Part IX of the Principal Act insert

" PART X—SAVINGS AND TRANSITIONAL PROVISIONS—DANGEROUS GOODS AMENDMENT (TRANSPORT) ACT 2008

        68     Definitions

In this Part—

"applied Act" means the Road Transport Reform (Dangerous Goods) Act 1995 of the Commonwealth as applied by the Road Transport (Dangerous Goods) Act 1995 ;

"commencement day" means the day on which section 27 of the Dangerous Goods Amendment (Transport) Act 2008 comes into operation.

        69     Authorised officers

A person who was an authorised officer under section 14 of the applied Act as in force immediately before the commencement 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—

        (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 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 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.

    (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 Civil and Administrative Tribunal under section 7 of the Road Transport (Dangerous Goods) Act 1995 which has not been determined before the commencement day.

    (2)     The application may be determined in accordance with that section as if the Road Transport (Dangerous Goods) Act 1995 had not been repealed.

        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 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 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 immediately before the commencement day.

        73     Notice of prohibition

A notice published in accordance with section 9AA of the Road Transport (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.

        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 the Road Transport (Dangerous Goods) Act 1995 is to be construed as a reference to the Dangerous Goods Act 1985 .".



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