Western Australian Repealed Acts

This legislation has been repealed.

DANGEROUS GOODS (TRANSPORT) ACT 1998 - SECT 3

3 .         Interpretation (Cwlth s 6)

                In this Act, unless the contrary intention appears —

        “authorized officer” means an authorized officer appointed under section 11;

        “Competent Authority” means a Competent Authority appointed under section 10;

        “dangerous goods” means —

            (a)         a substance or article prescribed as dangerous goods; or

            (b)         a substance or article determined by a Competent Authority in accordance with the regulations to be dangerous goods;

        “dangerous situation” means a situation involving the transport of dangerous goods that is causing or is likely to cause imminent risk of death or injury to a person, or imminent harm to the environment or to property;

        “Gazette” means the Government Gazette of Western Australia printed and published, or purporting to be printed and published, by the Government Printer and includes any supplement to the Gazette ;

        “government authority” means —

            (a)         a department of the Public Service;

            (b)         a body, whether corporate or unincorporate, or the holder of an office, post or position, being a body, office, post or position that is established or continued for a public purpose under a written law;

            (c)         a local government;

            (d)         a Competent Authority;

        “involvement in the transport of dangerous goods” includes —

            (a)         importing, or arranging for the importation of, dangerous goods into Western Australia;

            (b)         marking packages and unit loads containing dangerous goods for transport, and placarding containers and vehicles in which dangerous goods are transported;

            (c)         consigning dangerous goods for transport;

            (d)         loading dangerous goods onto a vehicle, or into a container that is to be put on a vehicle, for transport or unloading dangerous goods that have been transported;

            (e)         undertaking, or being responsible for, otherwise than as an employee or sub-contractor, the transport of dangerous goods;

            (f)         driving a vehicle carrying dangerous goods;

            (g)         being the consignee of dangerous goods for transport;

                and

            (h)         being involved as a director, secretary or manager of a body corporate, or other person who takes part in the management of a body corporate, that takes part in an activity covered by this definition;

        “Minister” has the same definition as in the Interpretation Act 1984 ;

        “offence” means an offence against this Act;

        “premises” includes a structure, whether permanent or temporary, and land, but does not include a vehicle;

        “transport” , in relation to dangerous goods, means the transport of the goods by vehicle and includes —

            (a)         the packing, loading and unloading of the goods, and the transfer of the goods to or from a vehicle, for the purpose of their transport;

            (b)         the marking of packages and unit loads containing dangerous goods, and the placarding of containers and vehicles in which dangerous goods are transported; and

            (c)         other matters incidental to their transport;

        “vehicle” means any thing used or capable of being used to transport people or things by air, road, rail or water and it does not matter how any such thing is moved or propelled.

Note:         The references in section headnotes to Commonwealth sections are references to sections in the Road Transport Reform (Dangerous Goods) Act 1995 (Cwlth) as amended by the Road Transport Reform (Dangerous Goods) Amendment Act 1997 (Cwlth).]