1Citation
These regulations are the Dangerous Goods Safety (General) Regulations 2007.
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Bill homepageThese regulations are the Dangerous Goods Safety (General) Regulations 2007.
These regulations come into operation as follows:
regulations 1 and 2 — on the day on which these regulations are published in the Gazette;
the rest of the regulations — on the day on which Part 3 of the Act comes into operation.
In these regulations, unless the contrary intention appears —
Act means the Dangerous Goods Safety Act 2004;
ADG Code means the Australian Code for the Transport of Dangerous Goods by Road and Rail (also called the Australian Dangerous Goods Code) published by the National Transport Commission, including (for the avoidance of doubt) its appendices;
combustible liquid has the meaning given in the Dangerous Goods Safety (Storage and Handling of Non-explosives) Regulations 2007 regulation 4;
flashpoint of a liquid, means the temperature at which the liquid first evolves vapour in a sufficient quantity to be ignited when tested in accordance with —
AS 2106 — Methods for the determination of the flash point of flammable liquids (closed cup) (series) published by Standards Australia; or
a technical standard that specifies a test that is equivalent to that specified in AS 2106;
Form, if followed by a number, means the form of that number in Schedule 2;
section means a section of the Act;
UNTC means the Recommendations on the Transport of Dangerous Goods, Manual of Tests and Criteria, Sixth revised edition, published by the United Nations (ISBN 978‑92‑1‑139155‑8).
[Regulation 3 amended: Gazette 22 Jun 2010 p. 2781; 5 Feb 2016 p. 355; 3 Mar 2017 p. 1475; SL 2020/193 r. 4.]
In this regulation —
Dangerous Goods List means the Dangerous Goods List in the ADG Code Chapter 3.2 as read with the other provisions in the ADG Code Part 3.
For the purposes of paragraph (a) of the definition of “dangerous goods” in section 3(1), a substance or article is dangerous goods if —
under the ADG Code, it is within any of these classes or divisions of dangerous goods —
Class 1 (explosives);
Class 2 (gases);
Class 3 (flammable liquids);
Class 4 (flammable solids; substances liable to spontaneous combustion; substances which, on contact with water emit flammable gases);
Class 5 (oxidizing substances and organic peroxides);
Division 6.1 (toxic substances);
Class 8 (corrosive substances);
Class 9 (miscellaneous dangerous substances and articles);
or
it is named or described in Schedule 1.
Without limiting the generality of subregulation (2)(a), a substance or article is dangerous goods for the purposes of paragraph (a) of the definition of “dangerous goods” in section 3(1) if —
it is named in column 2 of the Dangerous Goods List, irrespective of whether the name is —
a generic name; or
a name described as “N.O.S”;
or
it satisfies —
the criteria set out or referred to in the ADG Code Part 2; or
the tests and criteria in the UNTC,
for determining if goods are dangerous goods; or
it —
is named or described in the ADG Code Appendix A; or
satisfies the tests and criteria in the UNTC for determining if goods are too dangerous to transport.
Despite subregulation (3), a substance or article is not dangerous goods for the purposes of paragraph (a) of the definition of “dangerous goods” in section 3(1) if under the ADG Code, it is within any of these classes or divisions of dangerous goods —
Division 6.2 (infectious substances);
Class 7 (radioactive material).
Despite subregulations (2)(a) and (3), a substance or article is not dangerous goods for the purposes of paragraph (a) of the definition of “dangerous goods” in section 3(1) if it is not subject to the ADG Code because of a special provision in the ADG Code Chapter 3.3 that applies to it by virtue of column 6 of the Dangerous Goods List.
For the purposes of paragraph (b) of the definition of “dangerous goods” section 3(1), a determination by the Chief Officer that a substance or article is dangerous goods must —
be in writing; and
be published in the Gazette.
The Chief Officer must keep, and make available for public inspection, a register of determinations made under subregulation (1).
For the purposes of section 16, goods are too dangerous to transport if they are dangerous goods and —
are named or described in the ADG Code Appendix A; or
satisfy the tests and criteria in the UNTC for determining if goods are too dangerous to transport,
unless, under this regulation, the Chief Officer has determined they are not too dangerous to transport.
For the purposes of section 16, goods are too dangerous to transport if they are dangerous goods and, under this regulation, the Chief Officer has determined they are too dangerous to transport and has not cancelled the determination.
The Chief Officer may determine that particular dangerous goods are or are not too dangerous to transport.
A determination made by the Chief Officer under this regulation may specify the circumstances under which particular dangerous goods are or are not too dangerous to transport.
The Chief Officer may amend or cancel a determination made under this regulation.
A determination made under this regulation must —
be in writing; and
be published in the Gazette.
The Chief Officer must keep, and make available for public inspection, a register of determinations made under this regulation.
[Regulation 6 amended: Gazette 22 Jun 2010 p. 2781.]
An application for an exemption under the Act Part 4 must —
be made in writing; and
state the applicant’s name and address; and
state such of the following as are relevant to the application —
the place, vehicle or thing, or the class of places, vehicles or things, to which the exemption would apply;
the activity relating to the storage, handling or transport of dangerous goods, or the class of such activities, to which the exemption would apply;
the person, or the class of person, to which the exemption would apply;
and
state name and description and class of the dangerous goods to which the exemption would apply; and
state the regulations and the provision of them to which the exemption would apply; and
state the period for which the exemption is wanted; and
state the grounds for the application; and
whether or not the application is for an exemption to be granted under section 22, include information relevant to deciding the matters referred to in section 22(2); and
be signed and dated by the applicant; and
be given to the Chief Officer, even if the application is for an exemption to be granted under section 21.
On an application made under regulation 7, the Chief Officer may request the applicant to supply any other information that the Chief Officer believes is reasonably necessary to enable the Minister or the Chief Officer, as the case requires, to decide whether to grant an exemption or not.
In this regulation —
register means the register referred to in section 23(8).
The register must include the following information in respect of each exemption granted under the Act Part 4 —
who applied for it;
whichever of the following is relevant —
the place, vehicle or thing, or the class of places, vehicles or things, to which it applies;
the activity relating to the storage, handling or transport of dangerous goods, or the class of such activities, to which it applies;
the person, or the class of person, to which it applies;
the name and description and class of the dangerous goods to which it applies;
the regulations and the provision of them to which it applies;
if it was published in the Gazette, the date on which it was published and the page of the Gazette;
the date on which it came into operation;
the period for which it is granted;
details of any amendment made to the exemption and the date it was made;
if the exemption is cancelled, the date it is cancelled.
For the purposes of section 28, the following details are prescribed for any identification card issued to a DGO —
the short title of the Act;
the name of the department of the Public Service that principally assists in the administration of the Act;
the full name of the DGO;
the signature of the DGO;
a colour photograph of the DGO;
the date on which the card is issued;
the date on which the card expires;
the signature of the Chief Officer.
For the purposes of section 56, the prescribed offences are those offences prescribed for the purposes of that section by other regulations made under the Act.
For the purposes of section 56(3), the prescribed form of an infringement notice is Form 1.
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