Chapter 5ABGoods too dangerous to be transported#
161PApplication of Act to goods too dangerous to be transported#
(1) Unless otherwise provided, provisions of this Act relating to dangerous goods also apply in relation to goods too dangerous to be transported.
(2) Subject to subsection (6), this Act does not authorise the transport of goods too dangerous to be transported.
(3) For subsection (1)— (a) a reference in a provision of this Act to dangerous goods includes a reference to goods too dangerous to be transported; and (b) a reference in a provision of this Act to a dangerous goods regulation includes a reference to a regulation that makes provision for goods too dangerous to be transported; and (c) a reference in a provision of this Act to a dangerous goods vehicle includes a reference to a vehicle, or a combination that includes a vehicle, transporting goods too dangerous to be transported; and (d) a reference in a provision of this Act to a suspected dangerous goods vehicle includes a reference to a vehicle, or a combination that includes a vehicle, that an authorised officer reasonably believes is transporting goods too dangerous to be transported; and (e) a reference in a provision of this Act to a prescribed dangerous goods vehicle includes a reference to a vehicle to which paragraph (c) or (d) applies.
(4) Subsections (1) and (3) do not apply to the following provisions— (a) section 18 and section 19C; (b) chapter 5A, parts 1 to 3; (c) section 154; (d) section 157A(1)(c).
(5) Also, subsections (1) and (3) do not apply to subordinate legislation made under this Act unless a particular instrument of subordinate legislation expressly provides.
(6) A requirement of this Act imposed because of this chapter does not apply to the transport of goods too dangerous to be transported to the extent the goods are transported by, or under the direction of, an authorised officer or relevant emergency service officer to prevent a dangerous situation.
161QConsignment of goods too dangerous to be transported prohibited#
A person must not consign for transport goods too dangerous to be transported.
Maximum penalty— (a) if the contravention results in death or grievous bodily harm to a person—1,000 penalty units or 2 years imprisonment; or (b) otherwise—500 penalty units or 1 year’s imprisonment.
161RRegulations about goods too dangerous to be transported#
(1) A regulation may make provision for goods too dangerous to be transported, including, for example, the following— (a) identifying, classifying and regulating goods that are too dangerous to be transported, including prohibiting the transport of the goods; (b) the making of decisions by the chief executive for the purposes of a regulation in relation to the following— (i) the identification and classification of goods as goods too dangerous to be transported; (ii) the identification and classification of goods too dangerous to be transported; (c) the analysis and testing of goods too dangerous to be transported.
(2) Without limiting subsection (1), a regulation may make provision about the recognition of laws of other jurisdictions relating to goods too dangerous to be transported, things done under those laws and giving effect to those things, including, for example, providing for— (a) the recognition of an entity (the competent authorities panel) whose membership includes the chief executive and dangerous goods authorities and that may be required to make decisions, and to provide oversight on decisions made, under this chapter in the interests of national uniformity; and (b) for other matters in relation to the competent authorities panel.
For subsection (2)(b), a regulation may provide that the chief executive must refer to the competent authorities panel—
- (a)an application made to the chief executive for a decision under this Act if the chief executive considers the decision should have effect in all participating dangerous goods jurisdictions or some of those jurisdictions including this jurisdiction; or
- (b)a decision under this Act that has effect in all participating dangerous goods jurisdictions or some of those jurisdictions including this jurisdiction if—
- (i)the chief executive considers the decision should be cancelled or amended; or
- (ii)a dangerous goods authority recommended to the chief executive that the decision should be cancelled or amended; or
- (c)a recommendation by the chief executive to a dangerous goods authority that a decision given by the authority under a corresponding law, that has effect in all participating dangerous goods jurisdictions or some of those jurisdictions including this jurisdiction, if the chief executive considers a ground exists under the corresponding law for the authority to cancel or amend the decision.
If a regulation provides that a matter must be referred to the competent authorities panel, the regulation may provide that the chief executive must have regard to the panel’s decision.
A regulation may make provision in relation to an action taken or decision made by the competent authorities panel or a dangerous goods authority in relation to a matter considered by the competent authorities panel, including that the action or decision has effect in this jurisdiction as if it were an action or decision of the chief executive.
The reference in subsection (1)(b) to the chief executive making decisions about particular matters does not limit the Statutory Instruments Act 1992, section 26, in relation to any other matter mentioned in this section.
In this section—
- amend
- includes vary.