Dangerous Goods Regulations 1985

ADG Code, see regulation 4 of the Transport of Dangerous Goods by Road and Rail (National Uniform Legislation) Regulations 2011.

approved form, for a matter, means the form approved by the Competent Authority for that matter.

approved period means either of the following:

approved possession period, see regulation 140(1).

authorised explosive, see regulation 70(1).

capacity, in relation to a container, means the total volume of the space enclosed within the container.

caravan means a structure designed or adapted for human habitation, or for use as a shop or workshop, that is capable of being moved from one place to another whether by means of towing or transporting on a vehicle or trailer and includes a vehicle designed or adapted for use as a caravan.

compatibility group, for an explosive, means the compatibility group for the explosive under the ADG Code.

combustible liquid means a combustible liquid as defined in AS 1940 "The storage and handling of flammable and combustible liquids".

depot means a building, structure, room, compartment, tank, store, area or container in or on which explosives are stored, but does not include a process building.

detonator includes a detonating relay and an electric detonator and all adaptations of them.

Director of the Fire and Rescue Service means the Director as defined in section 3(1) of the Fire and Emergency Act 1996.

disposable container means packaging for Class 2 dangerous goods that is not designed to be refilled and has a capacity not exceeding 1 L.

disqualifying offence, see regulation 2A.

explosives means Class 1 dangerous goods.

flammable liquid means a flammable liquid as defined in AS 1940 "The storage and handling of flammable and combustible liquids".

fuel gas means a gas or mixture of gases that may be burned with air to produce light, heat or power and includes natural gas, L.P. gas and tempered L.P. gas.

infringement notice, for Part 5, see regulation 211(1).

infringement notice offence, for Part 5, see regulation 210(1).

inner packaging means packaging which is in contact with the goods placed in the packaging and which is for use inside outer packaging.

intermediate packaging means packaging that contains inner packages and which for the purposes of conveyance is placed in outer packaging.

intoxicated means under the influence of alcohol or a drug to the extent that the capacity to exercise proper care and skill is significantly impaired.

L.P. gas means liquefied petroleum gas that is a mixture of hydrocarbon comprised substantially of propane or butane, or both, in a liquid or gaseous state.

magazine means any premises, place, receptacle or ship specified in a licence as a magazine for the storage of explosives.

natural gas means a mixture containing hydrocarbons comprised substantially of methane obtained from bore holes or from crude oil other than by thermal or catalytic process.

on site means at, or adjacent to, the place of use.

outer packaging means packaging which contains one or more inner packages.

owner, in relation to a vehicle, means the person:

(a) described in a certificate of registration issued under the Motor Vehicles Act 1949, or under a law of a State or Territory relating to the registration of vehicles, in that State or Territory, as the owner;

(b) in possession of the vehicle pursuant to a valid and subsisting contract under a hire purchase agreement or the assignee of the right to possession;

(c) in possession of the vehicle that is subject to a valid and subsisting bill of sale; or

(d) in possession of the vehicle pursuant to a current contract for hire or lease.

package means packaging and its contents.

packaging means any device that is designed to contain goods, but does not include the following as defined in the Transport of Dangerous Goods by Road and Rail (National Uniform Legislation) Regulations 2011:

prescribed amount, for Part 5, see regulation 210(2).

process building means a building in or on licensed premises in which explosives (other than those for immediate use) are manufactured or are used in any process of manufacture, but does not include a building which under the terms of the licence or of an order in writing by the Competent Authority, is not to be regarded as a process building.

protected place means a:

(d) dock, wharf, pier, jetty, reservoir, river, wall, sea wall or bridge;

(e) water main or water supply channel, other than an underground main or channel;

(g) electrical power transmission line having a line voltage of 1 kV or more; or

(h) radio or television transmitter used in community broadcasting or television services.

protected work means a:

(b) government or public building, church, chapel, college, school or hospital, or any other premises where the public are accustomed to assemble;

(c) shop, factory, warehouse, store or other premises, or a yard in which persons are employed or engaged in a trade, business or profession; or

public place means a place other than buildings to which the public has its own right to resort whether or not on payment of money or other consideration and includes a public highway or street.

retail purchase approved period, see regulation 139.

shopgoods fireworks, see regulation 70(1).

tempered L.P. gas means gas manufactured by mixing liquefied petroleum gas with air.

town has the same meaning as in the Crown Lands Act 1992.

(2) A reference in these Regulations to the abbreviation "AS" followed by a group of numerals or letters, or numerals and letters, is a reference to the Australian Standard, as in force from time to time, indicated by that group, published by Standards Australia.

(3) Where a standard, rule, code or specification adopted by these Regulations, whether in whole or in part, refers to another document, that document shall be deemed to be incorporated with, and form part of, the standard, rule, code or specification, as in force from time to time.

(5) Unless the contrary intention appears, a standard, rule, code or specification referred to in these Regulations shall be read as though:

(b) a reference to the statutory authority or similar body is a reference to the Competent Authority; and

(6) Where a standard, rule, code or specification adopted by these Regulations is inconsistent with these Regulations, the latter shall prevail and the former shall, to the extent of the inconsistency, be invalid.

(7) Where there is a discrepancy, conflict or inconsistency between one or more standards, rules, codes or specifications adopted by these Regulations, the Competent Authority shall determine by notice in writing which standard, rule, code or specification shall prevail and the standard, rule, code or specification so determined shall be complied with.

(8) Unless the contrary intention appears, a reference in these Regulations to:

(b) licensed premises is a reference to premises in relation to which a licence is issued;

(d) the kind or quantity of explosives which premises are licensed to contain is a reference to the kind and maximum quantity of explosives that may lawfully be stored in the premises.

(9) For the purposes of these Regulations, unless the contrary intention appears:

(a) a substance or article is away from another substance or article if:

(i) the substance or article is so situated in relation to the other that, in such circumstances as can reasonably be foreseen, one cannot come into contact with the other; and

(B) a wall impervious to liquid, being a brick wall or equivalent, at least as high as the higher of the substances or articles;

(b) a substance or article is separated from another substance or article if the substances or articles are sufficiently distant one from the other that they will not react chemically with each other and, in any case, not less than one metre apart;

(d) a substance or article is in immediate use if it is:

(i) in actual use in a process of manufacture, mixing, blending, degreasing, cleaning, painting or testing;

(ii) being placed in vats, mixers or other containers in the course of any such process;

(iv) not stored in or on premises for more than 12 hours continuously,

and a substance or article, other than an explosive, is manufactured for immediate use if it is manufactured with the intention that, immediately after it is manufactured, it will be in immediate use; and

(e) an explosive is manufactured for immediate use if, after its manufacture, it is:

(i) stored in or on the premises where it was manufactured for less than 12 hours continuously before it is placed in its position of final use; and

(ii) used as soon as practicable after being placed in its position of final use.

(10) A reference in these Regulations to a Class of dangerous goods is a reference the UN Class of those goods ascertained in accordance with the ADG Code.

(14) A reference in these Regulations to a prescribed fee is a reference to the fee specified in column 2 of Schedule 2 in respect of the regulation specified in column 1 of that Schedule.

Each of the following is a disqualifying offence:

(ii) a law of the Commonwealth, a State or another Territory that substantially corresponds to the Act or these Regulations;

(ii) concerning the manufacture, supply, use or misuse of a dangerous drug as defined in section 3(1) of the Misuse of Drugs Act 1990; or

(iii) involving the use, carriage or discharge of explosives (other than shopgoods fireworks); or

(c) an offence against a provision of Part VI, VII or VIII of the Criminal Code or against a law of the Commonwealth, a State or another Territory that substantially corresponds to a provision of those Parts;

(d) an offence against a provision of the Domestic and Family Violence Act 2007 or against a law of the Commonwealth, a State or another Territory that substantially corresponds to a provision of that Act, including for a breach of an order under that Act or law;

(e) an offence against a provision of the Firearms Act 1997, the Weapons Control Act 2001 or against a law of the Commonwealth, a State or another Territory that substantially corresponds to either of those Acts;

(f) an offence, of which a person was found guilty in the previous 12 months, whether or not committed in the Territory, in relation to which it was open to the court to impose a term of imprisonment of more than 2 years.

(1) A person must not store explosives on premises except under and in accordance with the terms and conditions of a licence.

Maximum penalty: 40 penalty units.

(2) A person licensed to manufacture explosives on premises may store on the premises the goods manufactured under the licence.