Transport Legislation (Dangerous Goods) Amendment Regulation 2018

1Short title

This regulation may be cited as the Transport Legislation (Dangerous Goods) Amendment Regulation 2018.

2Regulation amended

This part amends the State Penalties Enforcement Regulation 2014.

3Amendment of sch 1 (Infringement notice offences and fines for nominated laws)

Schedule 1, entry for Transport Operations (Road Use Management—Dangerous Goods) Regulation 2008, entries for sections 207(3), 208(2) and 208(3)—
omit.

4Regulation amended

This part amends the Transport Infrastructure (Dangerous Goods by Rail) Regulation 2008.

5Amendment of s 29 (Declaration of non-participating jurisdictions)

Section 29(a), ‘Australian Transport Council’—

omit, insert—

Transport and Infrastructure Council

6Amendment of s 74 (Meaning of appropriately marked)

(1)Section 74(3)—

omit, insert—

(3)An overpack is appropriately marked if it is marked and labelled in accordance with section 5.1.2 of the ADG Code.

(2)Section 74(5)—

omit.

7Amendment of s 78 (When load must be placarded)

Section 78(2)—

omit, insert—

(2)However, a load that contains an aggregate quantity of dangerous goods of less than 2,000 does not need to be placarded if the load contains only the following dangerous goods—

(a)goods packed in limited quantities;

(b)goods that are bon bons, party poppers or sparklers;

(c)goods that are domestic smoke detectors containing radioactive material;

(d)goods that are lighters or lighter refills containing flammable gas;

(e)goods that are fire extinguishers containing compressed gas or liquefied gas with a net mass of not more than 23kg;

(f)2 or more goods mentioned in paragraphs (a) to (e).

(3)Subsection (1)(a) does not apply to a dangerous good that is an article.

8Amendment of s 145 (Emergency plans)

Section 145(7), definition emergency plan, ‘Australian Transport Council’—

omit, insert—

Transport and Infrastructure Council

9Insertion of new pt 20, div 4

Part 20—

insert—

Division 4 Transitional provision for Transport Legislation (Dangerous Goods) Amendment Regulation 2018

197Appropriately marked overpacks and packages of dangerous goods

(1)This section applies to an overpack or a package of dangerous goods (the dangerous goods) marked and labelled in accordance with chapter 7.3 of the ADG Code, edition 7.4.

(2)From the commencement, the dangerous goods are taken to be appropriately marked under section 74.

(3)This section stops applying on 1 March 2018.

10Amendment of sch 3 (Dictionary)

(1)Schedule 3, definitions Australian Transport Council and retail distribution load—

omit.

(2)Schedule 3—

insert—

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 the shape or design.

Examples—

battery, aerosol dispenser, lighter, refrigeration device

Transport and Infrastructure Council means the council of Commonwealth, New Zealand and State Ministers, established on 11 June 1993 and known as the Transport and Infrastructure Council, but constituted so that it consists of only 1 Minister representing each of the Commonwealth, the States, the Australian Capital Territory and the Northern Territory.

Note—

The Transport and Infrastructure Council was previously known as the Australian Transport Council.

(3)Schedule 3, definition ADG code, ‘Australian Transport Council’—

omit, insert—

Transport and Infrastructure Council

(4)Schedule 3, definition competent authorities panel, paragraph (b), ‘Australian Transport Council’—

omit, insert—

Transport and Infrastructure Council

11Regulation amended

This part amends the Transport Operations (Road Use Management—Dangerous Goods) Regulation 2008.

12Amendment of s 32 (Declaration of non-participating jurisdictions)

Section 32(a), ‘Australian Transport Council’—

omit, insert—

Transport and Infrastructure Council

13Amendment of s 79 (Meaning of appropriately marked)

(1)Section 79(3)—

omit, insert—

(3)An overpack is appropriately marked if it is marked and labelled in accordance with section 5.1.2 of the ADG Code.

(2)Section 79(5)—

omit.

14Amendment of s 83 (When load must be placarded)

Section 83(2)—

omit, insert—

(2)However, a load that contains an aggregate quantity of dangerous goods of less than 2,000 does not need to be placarded if the load contains only the following dangerous goods—

(a)goods packed in limited quantities;

(b)goods that are bon bons, party poppers or sparklers;

(c)goods that are domestic smoke detectors containing radioactive material;

(d)goods that are lighters or lighter refills containing flammable gas;

(e)goods that are fire extinguishers containing compressed gas or liquefied gas with a net mass of not more than 23kg;

(f)2 or more goods mentioned in paragraphs (a) to (e).

(3)Subsection (1)(a) does not apply to a dangerous good that is an article.

15Amendment of s 152 (Emergency plans)

Section 152(7), definition emergency plan, ‘Australian Transport Council’—

omit, insert—

Transport and Infrastructure Council

16Amendment of s 207 (Disposal of licensed vehicles)

(1)Section 207(1)—

omit.

(2)Section 207(2), ‘the disposed vehicle’—

omit, insert—

a licensed vehicle (the disposed vehicle)

(3)Section 207(4), ‘subsection (2)’—

omit, insert—

subsection (1)

(4)Section 207(2) to (5)—

renumber as section 207(1) to (4).

17Omission of s 208 (Licence labels)

Section 208—

omit.

18Amendment of s 211 (Chief executive may require licence documents to be replaced)

Section 211(7), definition licence document, paragraph (c)—

omit.

19Amendment of s 211A (Application by licensee for replacement licence document)

Section 211A(7), definition licence document, paragraph (c)—

omit.

20Insertion of new pt 22, div 4

Part 22—

insert—

Division 4 Transitional provision for Transport Legislation (Dangerous Goods) Amendment Regulation 2018

253Appropriately marked overpacks and packages of dangerous goods

(1)This section applies to an overpack or a package of dangerous goods (the dangerous goods) marked and labelled in accordance with chapter 7.3 of the ADG Code, edition 7.4.

(2)From the commencement, the dangerous goods are taken to be appropriately marked under section 79.

(3)This section stops applying on 1 March 2018.

21Amendment of sch 4 (Dictionary)

(1)Schedule 4, definitions Australian Transport Council, licence label and retail distribution load—

omit.

(2)Schedule 4—

insert—

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 the shape or design.

Examples—

battery, aerosol dispenser, lighter, refrigeration device

Transport and Infrastructure Council means the council of Commonwealth, New Zealand and State Ministers, established on 11 June 1993 and known as the Transport and Infrastructure Council, but constituted so that it consists of only 1 Minister representing each of the Commonwealth, the States, the Australian Capital Territory and the Northern Territory.

Note—

The Transport and Infrastructure Council was previously known as the Australian Transport Council.

(3)Schedule 4, definition ADG code, ‘Australian Transport Council’—

omit, insert—

Transport and Infrastructure Council

(4)Schedule 4, definition competent authorities panel, paragraph (b), ‘Australian Transport Council’—

omit, insert—

Transport and Infrastructure Council