Transport Operations (Road Use Management—Dangerous Goods) Regulation 2018

section 7

ADG Code means the code called ‘Australian Code for the Transport of Dangerous Goods by Road and Rail’, seventh edition, published by the National Transport Commission, as amended from time to time.

Note—

See part 21, division 2, in relation to editions of the ADG Code.

Editor’s note—

A copy of the ADG Code is available on the website of the National Transport Commission.

administrative determination means a determination that is an administrative determination under section 25.

ADR, ICAO, IMO, RID or UN approved, for packaging, means approved in accordance with any of the following documents—

the Agreement concerning the International Carriage of Dangerous Goods by Road published by the Inland Transport Committee of the United Nations Economic Commission for Europe;

the ICAO technical instructions;

the IMDG code;

the Regulations concerning the International Carriage of Dangerous Goods by Rail published by the Intergovernmental Organisation for International Carriage by Rail;

the Recommendations on the Transport of Dangerous Goods: Model Regulations published by the United Nations.

aggregate quantity, in relation to a load containing dangerous goods, means the total of—

the number of kilograms of the following in the load—

solid dangerous goods;

articles, including aerosols; and

the number of litres or kilograms, being whichever is used to describe the goods in the transport documentation for the transport of the goods, of liquid dangerous goods in the load; and

the total capacity in litres of receptacles in the load containing dangerous goods of UN class 2 other than aerosols.

application, for part 18, division 7, see section 234.

appropriately marked see section 78.

appropriately placarded see section 84(2).

approval means an approval, other than an administrative determination, exemption or licence, that—

is given under this regulation by the chief executive or an authorised entity; and

is in effect.

approved tank means—

a tank of a design approved under section 50; or

a foreign approved tank.

article means a manufactured item, other than a fluid or particle, that—

is formed into a particular shape or design during manufacture; and

has hazardous properties and a function that are wholly or partly dependant on the shape or design.

Examples—

battery, aerosol dispenser, lighter, refrigeration device

AS/NZS means a standard published jointly by Standards Australia and Standards New Zealand.

authorised entity means an entity authorised under section 54 to issue approvals under section 50 or 53.

bulk container see section 15.

bulk transfer, for part 10, see section 115.

capacity, of packaging, means the total internal volume of the packaging at a temperature of 15°C, expressed in litres or cubic metres.

cargo transport unit means any of the following—

a tank vehicle;

a vehicle transporting freight;

a portable tank;

a bulk container;

a freight container;

an MEGC.

category, for dangerous goods, means the category to which the dangerous goods belong under section 34.

competent authorities panel means the entity—

whose members include—

the chief executive; and

dangerous goods authorities; and

established by the Competent Authorities Panel Rules made by the National Transport Commission on 13 June 2008, as amended from time to time.

converter dolly, for part 18, division 4, see section 205.

corresponding approval means an approval to which section 163 applies.

corresponding dangerous goods driver licence means a licence to which section 164 applies that has effect in this jurisdiction under that section as a dangerous goods driver licence.

corresponding dangerous goods vehicle licence means a licence to which section 164 applies that has effect in this jurisdiction under that section as a dangerous goods vehicle licence.

corresponding determination means a decision to which section 161 applies.

corresponding exemption means an exemption to which section 162 applies.

current postal address, for a person, means a postal address—

given by the person to the department for use by the department (whether or not it was given for the purpose of this regulation); and

for which no written notice from the person, requiring the department to discontinue use of the postal address, has been received by the department.

customer communication, for part 18, division 7, see section 234.

damaged—

1 Damaged, in relation to a document other than a smartcard dangerous goods driver licence, includes destroyed, defaced, mutilated or made illegible.

2 Damaged, in relation to a smartcard dangerous goods driver licence—

means—

the licence is damaged to an extent that—

any information on the licence is impossible or difficult to read without the use of technology; or

a digital photo or a digitised signature on the licence is impossible or difficult to recognise without the use of technology; or

any information stored electronically on the licence is no longer accessible by using the holder’s PIN; and

includes destroyed.

3 However, damaged, in relation to a document, does not include the document being destroyed as required under section 213, 216 or 221(5).

dangerous goods means goods that are dangerous goods under section 32.

dangerous goods compliance plate, for part 4, division 5, see section 62.

dangerous goods driver licence means a dangerous goods driver licence that is in effect under part 18, division 3.

dangerous goods list means the dangerous goods list set out in section 3.2.3 of the ADG Code.

dangerous goods vehicle licence means a dangerous goods vehicle licence that is in effect under part 18, division 4.

decision-maker, for part 18, division 7, see section 234.

demountable tank means a tank, other than a portable tank, that—

is designed to be carried on a vehicle; and

does not form part of and is not permanently attached to the vehicle; and

is designed to be removable.

determination means a decision made by the chief executive under section 23 or 24 that is in effect.

driver authorising document means a document evidencing a dangerous goods driver licence.

exemption means an exemption given under section 153 of the Act that is in effect.

Note—

Part 16 provides for matters relating to exemptions under section 153 of the Act.

fitness to drive standards means the standards stated in the document called ‘Assessing Fitness to Drive for Commercial and Private Vehicle Drivers—Medical Standards for Licensing and Clinical Management Guidelines’ published by Austroads and the National Transport Commission.

food includes—

a substance prepared or intended for human or animal consumption; and

a substance, other than a dangerous good, intended to be an ingredient of food.

food packaging means—

a receptacle that contains, or is designed or intended to contain, food; or

material designed or intended to be used in a receptacle that is designed or intended to contain food; or

plastic wrapping intended for the packaging of food.

foreign approved, in relation to packaging, means packaging that has the markings required under part 6 of the ADG Code for packaging of its type, in confirmation that the packaging is ADR, ICAO, IMO, RID or UN approved.

freight container means a container that—

is of a permanent character suitable for repeated use; and

is designed to facilitate the transport of goods by 1 or more modes of transport, without the need for the goods to be unloaded and reloaded when the container is transferred from one mode to another; and

is fitted with devices that permit the ready stowage and handling of the container, particularly in relation to the transfer of the container from one mode of transport to another; and

is designed in a way that facilitates the ease of loading and unloading of goods from the container; and

for a container used to transport goods other than radioactive material—has an internal volume of not less than 1m^³.

general packaging, for part 4, division 4, see section 56.

goods too dangerous to be transported means goods that are goods too dangerous to be transported under section 33.

hose assembly means a hose, or 2 or more hoses connected together, for use in the transfer of dangerous goods to or from a tank on a vehicle, portable tank or receptacle and includes—

if there are 2 or more hoses connected together—the connections between the hoses; and

the attachment connecting the hose or hoses to the tank or receptacle; and

anything else other than the vehicle, portable tank or receptacle that is attached to the hose or hoses.

IBC means an intermediate bulk container.

ICAO technical instructions means the document called ‘Technical Instructions for the Safe Transport of Dangerous Goods by Air’, published by the International Civil Aviation Organization, as amended from time to time.

IMDG code means the document called ‘International Maritime Dangerous Goods Code’, published by the International Maritime Organization, as amended from time to time.

incompatible means—

in relation to dangerous goods or other goods—see section 37(1); or

in relation to packaging or equipment—see section 37(2).

information, for part 18, division 7, see section 234.

information notice, for a decision made in relation to a person, means a written notice stating—

the reasons for the decision; and

that the person may—

under section 65 of the Act—ask for the decision to be reviewed by the chief executive; and

under the Transport Planning and Coordination Act 1994, part 5, division 2—apply to QCAT for the decision to be stayed; and

under section 65A of the Act—ask for the chief executive’s decision on the review (the reviewed decision) to be reviewed by QCAT; and

under the QCAT Act—apply for the reviewed decision to be stayed.

inner packaging has the meaning given by section 1.2.1 of the ADG Code.

interim transport authority means an interim transport authority issued under the Transport Planning and Coordination Regulation 2017, section 7.

intermediate bulk container see section 16.

intermediate packaging has the meaning given by section 1.2.1 of the ADG Code.

journey means the transport of dangerous goods from where the goods are consigned to where the goods are delivered to the consignee.

jurisdiction means the Commonwealth or a State.

large packaging means packaging that—

consists of outer packaging that contains articles or inner packagings; and

is designed for mechanical handling; and

has—

a net mass of more than 400kg or a capacity of more than 450L; and

a volume of not more than 3m^³.

licence, for part 18, division 6, see section 219.

licence document, for part 18, division 6, see section 219.

licensee, for—

part 18, division 3—see section 188; or

part 18, division 6—see section 219.

MEGC means multiple-element gas container.

Ministerial Council means the body (however described) that consists of the Minister of the Commonwealth and the Minister of each State, who is responsible, or principally responsible, for matters relating to infrastructure and transport.

multimodal means applicable to, or suitable for use on, more than 1 mode of transport.

multiple-element gas container see section 17.

NATA means the National Association of Testing Authorities, Australia.

nominally empty storage vessel, for part 7A, see section 102A.

other packaging, for part 4, division 5, see section 62.

outer packaging has the meaning given by section 1.2.1 of the ADG Code.

overpack means an enclosure, other than large packaging, used to contain 1 or more packages in a way that forms 1 unit for convenience of stowage and handling during transport.

Examples—

• packages placed or stacked on a pallet and secured by strapping, shrink wrapping, stretch wrapping or another suitable way

• packages placed in protective outer packaging such as in a box or crate

packaging includes—

inner packaging, intermediate packaging, outer packaging, an overpack, large packaging, an IBC, an MEGC, a tank (including the tank of a tank vehicle), a bulk container or freight container, a drum, a barrel, a jerry can, a box and a bag; and

any other components or materials used for containing the contents of the packaging or performing another safety function in relation to the transport of the packaging and its contents.

packed in excepted quantities see section 19A.

packed in limited quantities see section 19.

packing group, for dangerous goods, means the packing group to which the dangerous goods belong under section 36.

participating jurisdiction means—

this jurisdiction; or

a participating dangerous goods jurisdiction.

placard, when used as a noun, means—

a label within the meaning of the ADG Code; or

an emergency information panel within the meaning of the ADG Code.

placard load means a load that contains dangerous goods and must be placarded under section 83.

placards, when used as a verb, see section 84(1).

portable tank means a tank used for the transport of a solid, liquid or gas that—

includes a shell fitted with service equipment and structural equipment necessary for the transport of the solid, liquid or gas; and

is capable of being loaded and unloaded without removing its structural equipment; and

has stabilising components external to its shell, and is capable of being lifted when full; and

is designed primarily to be loaded on to a vehicle or vessel and is equipped with skids, mountings or accessories to facilitate mechanical handling; and

for a tank used for transporting a substance of UN Class 1 and UN Class 3 to 9—is a multimodal tank; and

for a tank used for transporting non-refrigerated, liquefied gases of UN Class 2—is a multimodal tank having a capacity of more than 450L; and

for a tank used for transporting refrigerated, liquefied gases of UN Class 2—is a thermally insulated tank having a capacity of more than 450L; and

is not an item that is not considered to be a portable tank for the purposes of the ADG Code.

Note—

See the definition of portable tank in section 1.2.1 of the ADG Code for the list of items that are not considered to be a portable tank for the purposes of the ADG Code.

prescribed dangerous goods, for part 10, division 2, see section 116.

prescribed way, for part 10, division 2, see section 116.

pressure drum means a welded transportable pressure receptacle with a water capacity of more than 150L but not more than 1,000L.Example of a welded transportable pressure receptacle—

a cylindrical receptacle equipped with a rolling hoop or sphere on skids

receptacle, in relation to a substance or article, means a container that is—

for receiving and holding the substance or article (including anything that enables the container to be closed); and

in contact with the substance or article.

recognised testing facility, for a packaging design type, see section 51.

required emergency information, for dangerous goods, for part 11, division 2, see section 129.

risk means risk of personal injury, death, property damage or harm to the environment.

service equipment has the meaning given by—

for a tank—section 6.7.2.1, 6.7.3.1 or 6.7.4.1 of the ADG Code; or

for an MEGC—section 6.7.5.1 of the ADG Code.

smartcard dangerous goods driver licence means a dangerous goods driver licence in the form of a card or something similar approved by the chief executive and on which information may be stored electronically.

special provision, for part 3, see section 39.

structural equipment has the meaning given by—

for a tank—section 6.7.2.1, 6.7.3.1 or 6.7.4.1 of the ADG Code; or

for an MEGC—section 6.7.5.1 of the ADG Code.

subsidiary hazard, for dangerous goods, means the subsidiary hazard to which the dangerous goods belong under section 35.

tank see section 18.

tank vehicle means a vehicle—

of which a tank forms a part; or

to which a tank other than a portable tank is attached.

this jurisdiction means the State.

Transport and Infrastructure Council...

tube means a pressure receptacle of seamless or composite construction having a water capacity exceeding 150L but not more than 3,000L.

UN class, for dangerous goods, means the class to which the dangerous goods belong under section 34.

UN division, for dangerous goods, means the division to which the dangerous goods belong under section 34.

unsuitable, in relation to packaging, see section 47.

vehicle, for part 18, division 4, see section 205.