Victorian Numbered Acts

DANGEROUS GOODS AMENDMENT (TRANSPORT) ACT 2008 (NO. 66 OF 2008) - SECT 4

    (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 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 ;

"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 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;";

        (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 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";

        (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";

        (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.".

    (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 importation of, dangerous goods into Australia;

        (b)     packing dangerous goods for transport;

        (c)     marking or labelling packages containing dangerous goods for transport;

        (d)     placarding containers and vehicles in which dangerous goods are transported;

        (e)     consigning dangerous goods for transport, including the preparation of transport documentation;

        (f)     loading dangerous goods onto a 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 goods;

              (i)     being the consignee of dangerous goods that are transported;

        (j)     undertaking, or being responsible for, the transport of dangerous goods, 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 management of the body corporate, that takes part in an activity included in this subsection.".