QueenslandCARRIAGEOFDANGEROUSGOODSBYROADACT1984Reprinted as in force on 10 April
1996(includes amendments up to Act No. 16 of
1993)Reprint No. 1This reprint is
prepared bythe Office of the Queensland Parliamentary
CounselWarning—This reprint is not an authorised
copy
Information about this reprintThis
Act is reprinted as at 10 April 1996.The reprint shows
the law as amended byall amendments that commenced on or
before that day (Reprints Act 1992 s 5(c)).Thereprintincludesareferencetothelawbywhicheachamendmentwasmade—see list of legislation and list of
annotations in endnotes.MinoreditorialchangesallowedundertheprovisionsoftheReprintsAct1992mentioned in the following list have
also been made to—•update citations and references (pt 4,
div 2)•update references (pt 4, div 3)•expressgenderspecificprovisionsinawayconsistentwithcurrentdraftingpractice (s 24)•use
gender neutral office names (s 25)•use
different spelling consistent with current drafting practice (s
26(2))•use standard punctuation consistent
with current drafting practice (s 27)•useconjunctivesanddisjunctivesconsistentwithcurrentdraftingpractice(s 28)•use expressions consistent with
current drafting practice (s 29)•relocate marginal or cite notes (s
34)•use aspects of format and printing
style consistent with current drafting practice(s 35)•omit provisions that are no longer
required (ss 36 and 39)•omit the enacting
words (s 42A)•number and renumber certain provisions
and references (s 43).Also see endnotes for information
about—•when provisions commenced•editorial changes made in the reprint,
including—•table of changed names and
titles•table of changed citations and remade
laws•table of obsolete and redundant
provisions•table of renumbered
provisions.
s13s4Carriage of Dangerous Goods by Road
Act1984CARRIAGE OF DANGEROUS GOODS BYROAD
ACT 1984[as amended by all amendments that commenced
on or before 10 April 1996]An Act to provide for the carriage by
road of dangerous goods andthe duties of persons engaged therein
and for related purposes†PART
1—PRELIMINARY˙Short title1.This
Act may be cited as theCarriage of Dangerous Goods by
RoadAct 1984.˙Application of Act4.(1)This
Act—(a)applies in relation to the carriage of
dangerous goods by road; and(b)is
in addition to and shall not derogate from the provisions of
anyother Act; and(c)shall not limit or affect any civil remedy
at law or in equity; and(d)binds the
Crown.(2)This Act does not apply in respect
of—(a)thecarriageofradioactivesubstancesinaccordancewiththeRadioactive Substances Act 1958;
and(b)the carriage of explosives in
accordance with theExplosives Act1952;
and
s54s5Carriage of Dangerous Goods by Road
Act1984(c)the transfer,
under theGas Act 1965, of gas (within
the meaningof that Act) to or from a road tank vehicle
or bulk container; and(d)the carriage by
vehicle of packages of liquefied petroleum gas ifthe
aggregate capacity of the packages is not more than 1 000 Land—(i)no
other dangerous goods are being carried by the vehicle atthe
same time; or(ii)the packages are
being carried by—(A)a primary producer, or a person
employed by a primaryproducer, for use by the primary
producer; or(B)atradesperson,orapersonemployedbyatradesperson,
for the purposes of a trade.˙Meaning of terms5.(1)In
this Act—“authorised officer”means an
authorised officer within the meaning of theState Transport
Act 1960.“carry”in relation to
dangerous goods, includes load, transport, unload,transfer, transmit, pump or discharge the
goods.“dangerous goods”means—(a)dangerous goods under the code;
or(b)goods prescribed by regulation to be
dangerous goods;butdoesnotincludegoodsprescribedbyregulationnottobedangerous
goods.“licence”means a licence
issued under section 6.“road”has the meaning
assigned to it in theTraffic Act 1949.“the
code”means the publication prescribed by
regulation to be the code.“vehicle”includes every
tank, container, equipment and apparatus that isaffixed to or is intended to be affixed to a
vehicle and is intended to beused in
connection with the vehicle.
s65s6Carriage of Dangerous Goods by Road
Act1984(2)For the purposes
of this Act—(a)an expression to which a meaning is
assigned by this Act, whenused in the code, shall be construed
as having that meaning;(b)an expression to
which a meaning is assigned by the code and towhich a meaning
is not assigned by this Act, when used in thisAct, shall be
construed as having that meaning.†PART
2—CARRIAGE OF DANGEROUS GOODS˙Licence to carry6.(1)Upon
application made in or to the effect of the form provided bythe
chief executive for the purpose and payment of the prescribed fee
(ifany),thechiefexecutivemayissuelicencesauthorisingthecarriageofdangerous goods.(2)A
licence issued under subsection (1) shall specify—(a)the person to whom it is issued;
and(b)anaddressinQueenslandwherethatpersonmaybereadilycommunicated with; and(c)the
dangerous goods or the class or classes of dangerous goodsthat
the person is, by the licence, authorised to carry; and(d)the vehicle or vehicles in or on which
the person is, by the licence,authorised to
carry the dangerous goods.(3)While a licence
issued under subsection (1) is in force—(a)the
person to whom it is issued; and(b)an
employee of that person acting in the course of the
employee’semployment by that person; and(c)if that person is a corporate person—a
person acting in his or hercapacity as its
director;
s76s9Carriage of Dangerous Goods by Road
Act1984areauthorisedtocarryinoronanyvehiclespecifiedinthelicence,inaccordance with this Act and in the
absence of a provision of this Act withrespect to a
particular matter provided for by the code, in accordance
withthe code and in accordance with the terms and
conditions (if any) of thelicence, the goods or goods of the
class or a class specified in the licence.˙Entitlement to licence7.An
applicant for a licence shall be entitled to be issued with a
licence if,in the chief executive’s opinion or the
opinion of the person who, beingauthorisedbythechiefexecutiveinthatbehalf,istodecideupontheapplication it is consistent with the public
safety that the applicant should beissuedwithalicencetocarrygoodsofaclasstowhichtheapplicationrelates.˙Surrender of licence8.The chief executive may at any time
accept the surrender of a licencefrom a person to
whom it is issued, whereupon the licence shall cease to bein
force.˙Disqualification from holding
licence9.(1)Whereapersontowhomalicenceisissuedisconvictedofanoffence against this Act the court
before which the person is convicted may,if it thinks fit,
order that the person be disqualified from holding a
licence,whether absolutely or for a period specified
by the court.(2)Whereacourthasorderedthatanypersonbedisqualifiedfromholding a licence absolutely the licence then
issued to the person shall bedeemed to be
thereby cancelled and to have ceased to be in force on andfrom
the date when the order is made.(3)Whereacourthasorderedthatanypersonbedisqualifiedfromholding a licence for a period the licence
then issued to the person shall bedeemed to be
thereby suspended and to have ceased to be in force on andfromthedatewhentheorderismadeuntiltheexpirationoftheperiodspecified in the
order.
s
107s 10Carriage of
Dangerous Goods by Road Act1984˙Cancellation and suspension of licence10.(1)If it appears to
the chief executive that a person to whom a licenceisissuedhasshownhimselforherselftobeunwillingtoobserveorcareless in the observance of the person’s
obligations under this Act or thecodeorthetermsandconditionsofthelicencerelevanttotheperson’scarriage of dangerous goods, the chief
executive may, by notice in writing,call upon that
person to appear at, a time and place specified in the
noticeand to show cause to the chief executive or
other person authorised in thatbehalfwhythelicenceissuedtothepersonshouldnotbecancelledorsuspended.(2)If a
person to whom notice is given under subsection (1) does notappear at the time and place specified in the
notice or at any time and placeto which the
matter may have been adjourned or, having appeared, fails toshowcausetothesatisfactionofthechiefexecutiveorotherpersonconducting the show-cause proceeding the
chief executive may, by furthernoticetothepersoncalledupontoshowcause,cancelthelicencethenissued to that person or suspend that licence
for a period specified in thefurther
notice.(3)Where the chief executive has
cancelled a licence, the licence shall bedeemed to have
ceased to be in force on and from the date when the furthernotice referred to in subsection (2) was
given or would have been deliveredin the ordinary
course of post to the person called upon to show cause.(4)Where the chief executive has
suspended a licence for a period, thelicence shall be
deemed to have ceased to be in force on and from the datewhen
the further notice referred to in subsection (2) was given or
wouldhave been delivered in the ordinary course of
post to the person called uponto show cause
until the expiration of the period specified in that furthernotice.(5)If
during the period of suspension of a licence the person to
whomthe licence was issued shows cause to the
satisfaction of the chief executiveor other person
acting on behalf of the chief executive that the licence
shouldbe suspended for a period less than the
period for which it is suspended thechiefexecutivemaymodifythesuspensionbyreducingtheperiodofsuspension,andmaytothatend,ifthecaserequireit,terminatethesuspensionofthelicence,whereuponthereducedperiodofsuspension
s
118s 11Carriage of
Dangerous Goods by Road Act1984shall be deemed
to be the period specified in the further notice referred to
insubsection (4).˙Appeal
tribunalConstitution and status of tribunal11.(1)Forthepurposeofhearinganddeterminingappealsfromdecisions of the
chief executive made under section 10 there shall be anappeal tribunal, which shall convene as often
as is necessary to hear anddetermine an
appeal duly made to it as prescribed and which shall consistof—(a)a magistrate who
shall be chairperson of the tribunal; and(b)an
officer of the Department of Transport nominated by the
chiefexecutive; and(c)a
holder of a licence nominated by the Minister as prescribed.(1A)The appeal
tribunal shall be deemed to be a commission of inquirywithin the meaning of theCommissions of
Inquiry Act 1950, the provisionswhereof shall
apply accordingly.Appointment of members(2)An
appointment of a member of the appeal tribunal—(a)shallbemadebytheGovernorinCouncilbynotificationpublished in the
gazette;(b)subjecttoparagraph(c),shallbeeffectiveforaperiodof12monthscommencingonthedateofpublicationunlesstheappointment sooner becomes vacant as
prescribed;(c)whereitismadetofillavacancyintheappointmentofamember—shallbeeffectiveforthebalanceofthetermoftheappointment in which the vacancy
occurred.Vacating appointment(3)The
appointment of a member of the appeal tribunal shall becomevacant if the appointee—(a)dies;
s
129s 12Carriage of
Dangerous Goods by Road Act1984(b)resigns the appointment by notice in writing
given to the Minister;(c)ceases to be
qualified as prescribed for appointment as a member;(d)is removed from the appointment by the
Governor in Council asprescribed.(3A)TheGovernorinCouncilmayatanytimebynoticeinwritinggiven to the
member in question remove a member of the appeal tribunalfrom
the appointment if, in the Governor in Council’s opinion, the
memberis not a fit and proper person to hold the
appointment.Selection of Minister’s nominee(4)ThenominationbytheMinisterofaholderofalicenceforappointment as a member of the appeal
tribunal shall be made from a panelof names of 3 of
those holders, at the least, furnished to the Minister by anassociationorgroupofholdersthatintheMinister’sopinionisrepresentative of the holders of
licences in the State.(4A)If at the time
an appointment of a holder of a licence is to be made,there
is no panel or if the holders on a panel willing to accept
nomination arelessthan3innumber,theMinistermayintheMinister’sdiscretionnominate any
holder of a licence.Secretary to appeal tribunal(5)ThechiefexecutiveshallassignanofficeroftheDepartmentofTransport (other than the officer thereof who
is or is to be a member of theappeal tribunal)
to act as secretary to the appeal tribunal.˙Procedure on appealInstitution of
appeal12.(1)Anappealshallbeinstitutedwithin14daysafterthedateonwhichtheappellantreceivesnoticeofthechiefexecutive’sdecisionwherebytheappellantisaggrievedandnolater,bylodgingwiththesecretary a notice of appeal in writing
in the prescribed form (if any) andpaying the
prescribed fee (if any).(1A)The grounds of
the appeal shall be clearly and briefly set forth in thenotice of appeal.
s
1310s 14Carriage of
Dangerous Goods by Road Act1984(1B)The
appellant may at any time withdraw the appellant’s appeal bynotice in writing given to the
secretary.Notice of hearing(2)When
an appeal has been duly instituted the secretary shall
arrangewith the chairperson of the appeal tribunal a
date, time and place for thehearing of the
appeal and shall give at least 7 days’ notice thereof to theappellant and to the chief executive.(2A)So far as is
practicable an appeal shall be heard and determinedwithin 1 month after the date on which it is
instituted.Decision by majority(3)Thedecisionoftheappealtribunal,wherethemembersarenotunanimous, shall be that of the
majority of the members.˙Venue and nature
of appeal13.(1)The appeal
tribunal shall sit at such times and such places as thechairperson fixes and shall determine an
appeal on the evidence that wasbeforethechiefexecutiveinthematterinquestionandonsuchfurtherevidence as, in the opinion of the
chairperson, is relevant to the matter ofinquiry.(2)The appeal tribunal may inform itself
on any matter in such manneras it deems fit
and, subject to this Act, shall not be bound by rules of orpractice as to evidence.(3)Subject to this Act, an appeal shall be
conducted in accordance withdirections of the
appeal tribunal, which directions shall be consistent withnatural justice.(4)The
appellant and the chief executive may appear before the
appealtribunal in person or by counsel or solicitor
or by an agent acceptable to thetribunal.˙Determination of appeal14.(1)By way of
determining an appeal, the appeal tribunal may confirmorsetasidethechiefexecutive’sdecisionandinissuemaymakeany
s
1511s 16Carriage of
Dangerous Goods by Road Act1984determination and
order that the chief executive could have properly madeunder
this Act with respect to the matter in question, and may make
suchorder as to costs as it thinks just.(2)Any costs ordered to be paid may be
recovered as a debt due andowing to the
appellant or the chief executive as the case may be, from
theother, by action in any court of competent
jurisdiction.˙Effect of appeal and of determination
thereof15.(1)Anappealdulyinstitutedshallsuspendtheoperationofthedecision the subject thereof until the
appeal is determined by the appealtribunal or
withdrawn by the appellant, whichever event sooner occurs.(2)The decision of the appeal tribunal
shall be final and conclusive andshall be given
effect to.(3)Where a decision of the chief
executive is set aside on appeal thatdecision shall be
of no further force or effect but where it is confirmed thatdecision shall again be of full force and
effect.˙Unlicensed carriage an offence16.(1)After6monthsfromthecommencementofthisAct,apersonshallnotcarrydangerousgoodsinoronavehicleunlessthepersonisauthorised by section 6(3) to carry those
goods in or on that vehicle unlessthe goods—(a)are a substance in respect of which
this Act does not apply byreason of section 4(2); or(b)are in a quantity less than—(i)if no quantity is prescribed in
substitution therefor by orderin
council,thequantityspecifiedinrelationtotheclassificationofdangerousgoodsinquestion,intheprovisions of the Code for Marking of
Vehicles and FreightContainersUsedtoTransportDangerousGoodsinPackages—Quantities for which Marking is
Required; or(ii)such quantity
prescribed for the time being in substitutionforthequantityreferredtoinsubparagraph(i)bythe
s
1712s 18Carriage of
Dangerous Goods by Road Act1984GovernorinCouncilbyorderincouncilontherecommendation of the Minister.(2)Differentquantitiesmaybeprescribedinrelationtodifferentclassifications
or types of dangerous goods.˙Carrier to be indemnified by insurance17.(1)A person
required by this Act to be authorised by section 6(3) forthe
carriage of dangerous goods shall not carry dangerous goods in or
on avehicle unless the person is indemnified by a
current policy of insurance asprescribed.(2)A
person does not commit an offence against this Act consisting in
acontravention of subsection (1) if the person
carries dangerous goods on anoccasion in
question as a servant of another person and, in that event,
themaster shall be taken to be the person who
carries those goods.˙Carriage to be by
suitable vehicles18.A person shall not use a vehicle for
the carriage of dangerous goodsunless—(a)beingamotorvehiclecarryingbulkdangerousgoods—thereexists at the
time of the usage a current certificate of inspectionissued under theMotor Vehicles
Safety Act 1980by an inspectorduly appointed
under that Act; and(b)being a motor vehicle other than one
referred to in paragraph (a),that is required
by or pursuant to theMotor Vehicles Safety Act1980to be inspected
periodically—there exists at the time of theusage a current
certificate of inspection issued under that Act inrespect of that vehicle; and(c)being a motor vehicle other than one
referred to in paragraph (a)or(b)—thereexistsinrespectofthatvehicleacertificateacceptable to
the chief executive that satisfies the chief executivethat
the vehicle complies in every respect with the appropriaterequirements of theTraffic Act
1949relating to the construction,equipment and performance of a vehicle of
the class of vehicle towhich that vehicle belongs;
and
s
2113s 22ACarriage of
Dangerous Goods by Road Act1984(d)where,inanycasereferredtoinparagraph(a),(b)or(c),theregulations prescribe standards or
specifications in respect of aclass of vehicle
to which the vehicle belongs, it conforms withthose standards
or specifications in every respect.˙Unauthorised access to goods21.Apersoncarryingdangerousgoodsshallatalltimestakeallreasonable precautions to prevent access to
those goods by any person otherthan one lawfully
entitled to have such access or engaged in the carriage ofthose
goods.˙Prevention of escape22.Subject to the regulations so far as
they may relate to the venting ofdangerousgoods,apersonshallnotcarrydangerousgoodsorcausedangerous goods
to be carried unless any container and vehicle in or onwhichthegoodsarecarriedaresoconstructedandmaintainedandthegoods are so confined as to prevent
escape of the goods or any part of themduring the
ordinary course of the carriage.˙Power
of delegation22A.(1)Thechiefexecutivemay,eithergenerallyorotherwiseasprovided by the instrument of delegation by
writing signed by the chiefexecutive,
delegate—(a)to any person;(b)to
the holder of an office, specifying its title but not the name
ofthe holder for the time being;all
or any of the chief executive’s powers, authorities, functions and
dutiesunder this Act, except this power of
delegation.(2)Apower,authority,functionordutysodelegated,ifexercised,performedordischarged,asthecasemaybe,bythedelegate,shallbeexercised, performed or discharged in
accordance with the instrument ofdelegation.
s
2314s 24Carriage of
Dangerous Goods by Road Act1984(3)A
delegation may be made subject to such terms or limitations as
thechief executive thinks fit including a
requirement that the delegate shallreport to the
chief executive upon the exercise, performance or discharge,
asthe case may be, of the delegated power,
authority, function or duty.(4)The
chief executive may make such and so many delegations of thesame
power, authority, function or duty and to such number of persons
orholders of office as the chief executive
considers necessary or desirable.(5)A
delegation is revocable at the will of the chief executive and
doesnot prevent the exercise of a power or
authority, the performance of a dutyor the discharge
of a function by the chief executive.†PART
3—GENERAL PROVISIONS˙Prohibition or
limitation of carriage23.(1)Where it appears
to the Governor in Council that circumstances atany
time or within any locality are such that the carriage of dangerous
goodsgenerallyorofaparticularclassshouldbeprohibitedorlimitedintheinterests of public safety or for the
avoidance of damage to property theGovernor in
Council, upon the recommendation of the Minister, may byorderincouncilprohibitorlimitthecarriageofdangerousgoodsasspecified in the order.(2)During the continuance in force of an
order in council made undersubsection(1)apersonshallnotcarryanydangerousgoodsincontravention of the order.˙Exemption from complying with this
Act24.(1)If it appears to
the Minister or to the chief executive that the publicsafety is not likely to be threatened, the
Minister or, as the case may be, thechief executive
may by notice in writing to a person or to a representative
ofanyassociationofpersonsorclassofpersonsexemptthatperson,orpersonswhoaremembersofthatassociationorpartofthatclassofpersons, from compliance with all or
any of the provisions of this Act or all
s
2515s 25Carriage of
Dangerous Goods by Road Act1984or any of the
provisions of the code where its compliance is provided for
bythis Act.(1A)Before an exemption is granted to a person
or to persons who aremembersofanassociationofpersonsorpartofaclassofpersonsthatperson, or as the case may be the
representative of that association or classof persons, shall
provide the Minister or the chief executive as the case maybe
with his, her or its address for service of a notice in writing
referred to inthis section.(1B)Changes to this address during the currency
of the exemption shallforthwith be notified by such person or
representative as the case may be, tothe Minister or
the chief executive as the case may be.(2)Anexemptiongrantedundersubsection(1)mayatanytimeberevoked by the person who granted it by
notice in writing to the person orpersons to whom
the exemption was granted.(3)For as long as
an exemption granted under subsection (1) subsists,the
provisions of this Act or the code to which the exemption relates
shallbe deemed not to bind the person or persons
to whom the exemption isgranted or his, her or its
servants.(4)Anoticeinwritingreferredtointhissectionmaybegiventoaperson or, where persons are members of
an association of persons or formpart of a class
of persons to their representative, by leaving it at or sending
itby post to the address provided under
subsection (1A).˙Recovery of damages resulting from
escape25.(1)Where by reason
of an escape of dangerous goods from a vehiclethat is or was
carrying the goods the Crown or any person—(a)suffers loss of or damage to any property
belonging to it or theperson or in its or the person’s
control; or(b)reasonably incurs any expense or
liability in taking emergencymeasures in the
interests of public safety to prevent or mitigate acondition of danger that would be likely to
result or has resultedfrom the escape;
s
2616s 27Carriage of
Dangerous Goods by Road Act1984theCrownorthatpersonisentitledtorecovertheamountoftheloss,damage,expenseorliabilityfromanypersonwhobytheperson’scontravention of or failure to comply with a
provision of this Act or, in theabsenceofaprovisionofthisActwithrespecttoaparticularmatterprovided for by the code, a provision of the
code has caused the escape and,where 2 or more
persons have so caused the escape, is entitled to recoversuch
amounts from them jointly and severally.(2)The
right of recovery conferred by subsection (1) is in addition to
anyother right of action had in law by the Crown
or any person in respect of theescape of
dangerous goods in question.˙Offences against Act26.A
person who contravenes or fails to comply with any provision
ofthis Act commits an offence against this Act
and upon conviction, exceptwhere some other
penalty is expressly provided, is liable—(a)wherethatpersonisacorporateperson—toapenaltynotexceeding $50 000; or(b)where that person is a natural person—to a
penalty not exceeding$10 000 or to 12 months
imprisonment.˙Proceedings for offences27.(1)Proceedings in
respect of an offence against this Act shall be bywayofsummaryproceedingsundertheJusticesAct1886uponthecomplaint of an authorised
officer.(2)InanyproceedinginrespectofanoffenceagainstthisActtheauthority of the complainant to bring
the proceeding shall be presumed untilthe contrary is
shown.(3)The regulations may prescribe—(a)offencesagainstthisActtobeoffencesinrespectofwhichnotices may be
given to offenders or affixed to vehicles advisingthataprescribedpenaltymaybepaidforanysuchoffencewithout
involving court proceedings; and(b)the
form and content of such notices; and
s
2817s 28Carriage of
Dangerous Goods by Road Act1984(c)amountsthatshallbepayablebywayofpenaltyinrespectofsuch
offences; and(d)procedures to be followed in respect
of such notices, the personsto whom such
amounts shall be payable and the consequencesthat shall ensue
upon a failure to pay such an amount.(4)Amounts referred to in subsection (3) may be
prescribed so as tovary in relation to different offences or in
relation to any offence in face ofpreviouslikeoffencescommittedbyanoffenderorinvolvingthesamevehicle or in
face of the time, place or circumstances at or in which theoffence is committed.˙Recognition of inter-State authority28.(1)Where an offence
against this Act consists in a contravention ofsection16or18andrelatestoacarriageofdangerousgoodsinQueensland—(a)in
the course of a carriage from a place outside Queensland to
aplace in Queensland; or(b)in
the course of a carriage from a place in Queensland to a
placeoutside Queensland; or(c)in
the course of a carriage between places outside Queensland
viaa route within Queensland that is reasonable
in the circumstances;a person shall not be liable for that
offence if it appears—(d)in the case of a
contravention of section 16—(i)that
the person or, if the person is a servant of another, theperson’s master is authorised to carry the
dangerous goodsinquestioninoronthevehicleinquestionunderacorresponding law; and(ii)thatthedangerousgoodsarebeingcarriedinaccordancewith the
authority conferred under the corresponding law; or(e)in the case of a contravention of
section 18, that the vehicle inquestionconformsatthetimeofthecontraventiontothestandardsandspecificationsprescribedbyorunderacorresponding law.
s
2918s 30Carriage of
Dangerous Goods by Road Act1984(2)In
this section—“corresponding law”means a law of a
State or Territory declared by orderin council to be
a law that corresponds to this Act.˙Liability for offence by servant29.(1)Where a person
commits an offence against this Act as a servant,the
employer of that person shall be deemed to have committed the
offenceand, notwithstanding the Criminal Code,
section 23 or any other rule of lawor practice, to
be criminally responsible for the act or omission concernedtherein and may be charged with the offence
and punished accordingly.(1A)It is a defence
for an employer to show that the employer had noknowledgeandcouldnot,bytheexerciseofreasonablediligence,haveknown
that the offence was being committed.(2)A
person is not liable to be convicted of an offence against this
Actcommitted by the person as a servant if the
person satisfies the court that theoffence was
committed while the business of the person’s employer wasbeing
conducted under the personal superintendence of the employer or of
amanager or any other representative of the
employer and that the offencewascommittedwiththeknowledgeoftheemployer,managerorrepresentative.(3)Except as provided by subsection (2), this
section applies so as not toprejudice
liability imposed by or under this Act on any person by whom
anoffence against this Act is actually
committed.˙Liability for offence by body
corporate30.(1)Where a body
corporate commits an offence against this Act, eachof
the following persons shall be deemed to have committed the
offenceand, notwithstanding the Criminal Code,
section 23 or any other rule of lawor practice, to
be criminally responsible for the act or omission concernedtherein and may be charged with the offence
and punished accordingly—(a)the person who,
at the time the act was done or the omission wasmade,wasthechairpersonofdirectors,managingdirectororother governing officer by whatever name
called or other member
s
30A19Carriage of Dangerous Goods by Road
Act1984s 30Aof the governing
body of the body corporate, by whatever namecalled;(b)every person who, at the time the act
was done or the omissionwas made, managed or acted in or took
part in the management,administration or government of the
business in Queensland ofthe body corporate.(2)Subsection (1) applies so as not to
prejudice the liability of a bodycorporate to be
proceeded against and punished for an offence against thisAct
committed by it.(3)It is a defence to a charge of an
offence against this Act broughtagainstapersonspecifiedinsubsection(1)(a)or(b)toprovethattheoffence was committed without that
person’s knowledge or connivance andthat the person
exercised due diligence to prevent the commission of theoffence.˙Evidentiary provisions30A.(1)In
any proceeding for the purposes of this Act—(a)it
shall not be necessary to prove the appointment of the
Minister,thechiefexecutive,adelegateofthechiefexecutiveoranauthorised
officer to do an act or take any proceeding;(b)asignaturepurportingtobethatoftheMinister,thechiefexecutive, a
delegate of the chief executive or an authorised officershallbetakentobethesignatureitpurportstobeuntilthecontrary is proved;(c)a
document purporting to be certified by the Minister, the
chiefexecutive, or an authorised officer and
purporting to be a copy ofa licence, a delegation, an exemption,
a certificate of authorisationor other
certificate under this Act shall, upon its production in
thatproceeding, be evidence and, in the absence
of evidence to thecontraryconclusiveevidenceofthatlicence,delegation,exemption,
certificate of authorisation or other certificate and ofany
terms, conditions or other matters endorsed thereon;
s
3120s 32Carriage of
Dangerous Goods by Road Act1984(d)a
document purporting to be signed by the chief executive or
anauthorisedofficerstatingthatataspecifiedtimeorduringaspecifiedperiodtherewasorwasnotinforcealicence,adelegation, an exemption, a certificate of
authorisation or othercertificate under this Act granted or
issued to a specified person orpersonsorinrespectofaspecifiedthingorforaspecifiedpurpose and that such licence, delegation,
exemption, certificate ofauthorisation or other certificate was
or was not subject to theterms,conditionsorrestrictionssetoutinthedocument,shallupon
its production in that proceeding be evidence, and in theabsence of evidence to the contrary,
conclusive evidence of thematters contained in the
document;(e)proof of exemption from any provision
of this Act shall be uponthe person who relies thereon.(2)In a proceeding for the purposes of
this Act the provisions of theMotor Vehicles
Safety Act 1980, section 46 shall apply as if that
proceedingwas a proceeding for the purposes of
theMotor Vehicles Safety Act 1980.˙Exclusion of liability except for
negligence31.The Minister, the chief executive and
any person acting on behalf ofeither of them
shall incur no liability on account of anything done bona
fideand without negligence by him or her
purporting to act pursuant to this Act.˙Regulations32.(1)The
Governor in Council may make regulations providing withrespect to—(a)all
matters required or permitted by this Act to be prescribed
andinrespectofwhichsomeothermodeofprescriptionisnotprovided for;(b)all
matters that are provided for by the code;(c)the
powers, duties and functions of authorised officers so far
astheyareconcernedwiththecarriageofdangerousgoodsandmatters connected therewith or an
escape of dangerous goods andmatters
connected therewith;
s
3221s 32Carriage of
Dangerous Goods by Road Act1984(d)examinationsandteststobeconductedtoestablishthecompetenceofpersonstohandle,carryandstowdangerousgoods and to implement emergency procedures
in the event of anescape of dangerous goods;(e)special qualifications or
authorisations to be possessed by personswho are to drive
vehicles for the carriage of dangerous goods of adescription specified in the
regulations;(f)forms to be used and fees to be paid
for the purposes of this Actand the purpose
for which each form is to be used or fee is to bepaid;(g)penalties, not exceeding 40 penalty units in
any case, for offencesconsistinginacontraventionorfailuretocomplywiththeregulations and daily penalties in
addition, not exceeding 2 penaltyunitsperdayinanycase,forsuchoffencesasarecontinuingoffences;(h)all matters that may be convenient for
the administration of thisAct or that may be necessary or
expedient to achieve the objectsand purposes of
this Act.(1A)For the purposes
of subsection (1)(g), a penalty unit shall have thevalue
assigned to a penalty unit by thePenalties and
Sentences Act 1992.(2)Regulations made with respect to a
matter that is provided for by thecode—(a)may amplify the relevant provision of
the code; and(b)mayincreaseanyminimumrequirementprovidedforbythecode; and(c)where the code in providing for a
requirement does not specifyanypersonwhomustcomplywiththerequirementandtherequirementisbytheregulationsgiventheforceoflawinQueensland—mayspecifythepersonorpersonswhomustcomplywiththerequirement,butotherwiseshallnotbeinconsistent
with the code.
s
3222s 32Carriage of
Dangerous Goods by Road Act1984(3)Regulations—(a)may
be of general operation throughout Queensland or be limitedin
their operation to any particular area or areas of
Queensland;(b)may adopt, wholly or in part and
either by way of reference or byway of express
specification therein, any of the standard rules,codesorspecificationsofthebodiesknownastheStandardsAssociation of Australia, the British
Standards Institution or a likebody identified
in the regulations or other body referred to in thecode;(c)mayadoptbywayofreferenceanyofthelabels,designs,illustrations or drawings appearing in the
code;(d)may provide that provisions of the
code or requirements of anystandardaremandatoryoradvisoryonlyandmayprovideforparticularcircumstancesinwhichsuchprovisionsorrequirements shall not apply, either wholly
or partially;(e)may provide that provisions of the
code or requirements of anystandards are to
apply throughout Queensland or are to be limitedto
any area or areas of Queensland declared from time to time
byorder in council; and(f)shall not be inconsistent with this
Act.
24Carriage of Dangerous Goods by Road
Act19843´AIAamdchdefdivexpgazhdginslapnotfdomo in
cpparaprecpresprev==================KeyKey
to abbreviations in list of legislation and annotationsActs
Interpretation Act 1954amendedchapterdefinitiondivisionexpires/expiredgazetteheadinginsertedlapsednotifiedomittedorder in
councilpageparagraphprecedingpresentprevious(prev)procprovptpubdR[X]RArelocrenumrepsschsdivSIASLsubunnum=================previouslyproclamationprovisionpartpublishedReprint
No.[X]Reprints Act 1992relocatedrenumberedrepealedsectionschedulesubdivisionStatutory
Instruments Act 1992subordinate legislationsubstitutedunnumbered´4List of
legislationCarriage of Dangerous Goods by Road Act 1984
No. 73date of assent 12 October 1984ss
1–2 commenced on date of assentremaining
provisions commenced 1 May 1985 (proc pubd gaz 23 March 1985p
1482Note—(1)RepealedbytheTransportOperations(RoadUseManagement)Act1995
No. 9 s 93 sch 2 pt 1 (not yet proclaimed into force (see s
93(1)))(2)AproclamationundertheTransportOperations(RoadUseManagement) Act 1995 No. 93 s 93(1) may fix
a single day or time forthe repeal of the whole or part of
this Act or may fix different times forthe repeal of
different provisions of this Act (see 1995 No. 9 s 93(2))(3)If the whole of this Act has not been
repealed before 1 July 1997 it isrepealed on the
next day (see 1995 No. 9 s 93(3))as amended
by—Carriage of Dangerous Goods by Road Act
Amendment Act 1988 No. 5date of assent 7 April 1988commenced on date of assent
25Carriage of Dangerous Goods by Road
Act1984Public Service (Administrative
Arrangements) Act 1990 No. 73 s 3 sch 5date of assent 10
October 1990s3sch5commenced24November1990(procpubdgaz24November1990p 1450)Statute Law
(Miscellaneous Provisions) Act 1990 No. 88 s 3 schdate
of assent 6 December 1990commenced on date of assentCarriage of Dangerous Goods by Road Amendment
Act 1993 No. 16date of assent 28 May 1993ss
1–2 commenced on date of assentremaining
provisions commenced 2 August 1993 (1993 SL No. 266)´5List of
annotationsCommencements 2om R1
(see RA s 37)Arrangements 3om R1
(see RA s 36)Application of Acts 4amd
1993 No. 16 s 4Meaning of termss 5def“consignor”om 1988 No. 5 s
2(a)def“dangerous goods”sub 1993 No. 16 s
5def“Director-General”ins 1990 No. 73 s
3 sch 5om R1 (see RA s 39)def“prime contractor”om 1988 No. 5 s
2(b)def“road”ins 1988 No. 5 s
2(b)def“the code”sub 1993 No. 16 s
5def“the Commissioner”om 1990 No. 73 s
3 sch 5def“the Minister”om R1 (see RA s
39)Licence to carrys 6amd
1990 No. 73 s 3 sch 5Entitlement to licences
7amd 1990 No. 73 s 3 sch 5Surrender of licences 8amd
1990 No. 73 s 3 sch 5Cancellation and suspension of
licences 10amd 1990 No. 73 s 3 sch 5Appeal
tribunals 11amd 1990 No. 73 s 3 sch 5; 1990 No. 88
s 3 sch
26Carriage of Dangerous Goods by Road
Act1984Procedure on appeals 12amd
1990 No. 73 s 3 sch 5Venue and nature of appeals
13amd 1990 No. 73 s 3 sch 5Determination of appeals 14amd
1988 No. 5 s 3; 1990 No. 73 s 3 sch 5Effect of appeal
and of determination thereofs 15amd
1990 No. 73 s 3 sch 5Unlicensed carriage an offences
16amd 1988 No. 5 s 4Carrier to be
indemnified by insurances 17amd 1988 No. 5 s
5Carriage to be by suitable vehicless
18amd 1988 No. 5 s 6; 1990 No. 73 s 3 sch
5Requirement for shipping documentss
19om 1988 No. 5 s 7Mingling of
explosives and flammable goods prohibiteds 20om
1988 No. 5 s 8Power of delegations 22Ains
1988 No. 5 s 9amd 1990 No. 73 s 3 sch 5Exemption from complying with Actprov
hdgamd 1988 No. 5 s 10(a)s 24amd
1988 No. 5 s 10(b); 1990 No. 73 s 3 sch 5Evidentiary
provisionss 30Ains 1988 No. 5 s 11amd
1990 No. 73 s 3 sch 5Exclusion of liability except for
negligences 31amd 1990 No. 73 s 3 sch 5Regulationss 32amd
1988 No. 5 s 12´6Table of changed
names and titlesOlddirector-generalTABLE OF CHANGED
NAMES AND TITLESunder the Reprints Act 1992 ss 23 and
23ANewchief executiveReference
provisionsee Reprints Act 1992 s 29,example 27
27Carriage of Dangerous Goods by Road
Act1984´7Table of changed citations and remade
lawsTABLE OF CHANGED CITATIONS AND REMADE
LAWSunder the Reprints Act 1992 ss 21A and
22OldPenalty Units Act1985NewPenalties andSentences
Act1992Reference provisionPenalties and Sentences Act1992
s 205´8Table of
obsolete and redundant provisionsTABLE OF OBSOLETE
AND REDUNDANT PROVISIONSunder the Reprints Act 1992 s
39Omitted provisiondef
“director-general” (or a similar title)definitions to be
read in contextdef “the Minister”penalty provision
permitting fine or imprisonmentpermits
bothreferences to stipendiary magistratereferences to a TerritoryProvision making
omittedprovision obsolete/redundantActs
Interpretation Act 1954s 36 def “chiefexecutive” and ss
33(5B)and 24B(8)(b) (see alsoReprints Act 1992
s 39,example 2)Acts
Interpretation Act 1954s 32AActs
Interpretation Act 1954s 36, def “Minister” andss
33(1) to (4) and24B(8)(b) (see alsoReprints Act 1992
s 39,example 2)Penalties and
SentencesAct 1992 s 180AActs
Interpretation Act 1954s 36 def “magistrate”Acts
Interpretation Act 1954s 36 def “Territory”
