Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts(see s 3)
Note 1 The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms:
• Corporations Act
• exercise (a function)
• external territory
• function
• infringement notice
• internal territory
• public employee
• State
• the Territory
• working day.
"action", for division 3.6.2 (Formal warnings)—see section 115.
"another jurisdiction" means the Commonwealth, a State, an external territory or internal territory (other than the Territory).
"appointing competent authority"—see section 23 (2).
"associate", for part 3.8 (General court-based penalties)—see section 127.
"at" premises, for part 3.5 (Enforcement)—see section 68.
"Australian Road Rules"—see the Road Transport (Safety and Traffic Management) Regulation 2000, section 5.
"authorised", to drive a vehicle or run its engine—see section 17.
"authorised person"—see section 23 (1).
"broken-down" vehicle or trailer—see section 19.
"combination "means a vehicle consisting of a motor vehicle and 1 or more trailers.
"commercial benefits penalty order"—see section 129 (1).
"compensation order", for part 3.9 (Compensation orders)—see section 141.
"competent authority" means a competent authority declared under section 20.
"compliance purposes"—see section 9.
"connected", with an offence, for part 3.5 (Enforcement)—see section 68.
"consignor"—see section 10.
"consigns"—see section 10.
"contractor", for part 5.3 (Victimisation of people for reporting breaches and assisting with investigations)—see section 185.
"corresponding authority" means a competent authority under a corresponding law.
"corresponding law" means—
(a) a law of another jurisdiction corresponding, or substantially corresponding, to this Act; or
(b) a law of another jurisdiction that is declared by regulation to be a corresponding law.
"dangerous activity", for part 3.7 (Prohibition notices)—see section 118.
"dangerous goods" means—
(a) a substance or article prescribed by regulation as dangerous goods; or
(b) a substance or article determined by a competent authority in accordance with a regulation to be dangerous goods.
"dangerous situation" means a situation that is causing or likely to cause imminent risk of death or serious injury to a person, significant harm to the environment or significant damage to property.
"decision-maker", for chapter 4 (Notification and review of decisions)—see section 169.
"divulge", for part 5.1 (Secrecy and information sharing)—see section 177.
"driver" of a vehicle includes—
(a) a two-up driver of the vehicle who is present in or near the vehicle; and
(b) a person who is driving the vehicle as a driver under instruction or under an appropriate learner licence or learner permit; and
(c) if the vehicle is a trailer—the driver of the vehicle towing the trailer.
driver licence means a licence (including a probationary and conditional licence) issued under a law of the ACT or a State authorising the licensee to drive a vehicle, but does not include—
(a) a licence issued under this Act; or
(b) a provisional or learner licence.
Note State includes the Northern Territory (see Legislation Act, dict, pt 1, def "State").
"due date and time", for an improvement notice, for part 3.6 (General administrative penalties)—see section 108.
"employee"—
(a) means an individual who works under a contract of employment, apprenticeship or training; and
(b) for part 5.3 (Victimisation of people for reporting breaches and assisting with investigations)—see section 185.
"employer" means a person who employs someone else under—
(a) a contract of employment, apprenticeship or training; or
(b) a contract for services.
"exclusion order"—see section 137 (2).
"exemption"—see section 150.
"fit", to drive a vehicle or run its engine—see section 16.
formal warning, for division 3.6.2 (Formal warnings)—see section 116 (2).
"goods too dangerous to be transported" means—
(a) a substance or article prescribed by regulation as goods too dangerous to be transported; or
(b) a substance or article determined by a competent authority, in accordance with a regulation, to be goods too dangerous to be transported.
"home address", of a person, means the address of the place where the person usually lives.
"improvement notice"—see section 109.
"in "a vehicle includes on the vehicle.
"intelligent transport system "means a system involving the use of electronic or other technology (whether located in a vehicle, or on or near a road, or elsewhere) that has the capacity and capability to monitor, collect, store, display, analyse, transmit or report information relating to—
(a) a vehicle or its equipment or load, the driver of a vehicle, the operator of a fleet of vehicles or someone else involved in road transport; and
(b) without limiting paragraph (a), whether a vehicle is being operated in accordance with this Act.
Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).
"internally reviewable decision", for chapter 4 (Notification and review of decisions)—see section 169.
"internal reviewer", for chapter 4 (Notification and review of decisions)—see section 173.
"internal review notice"—see the ACT Civil and Administrative Tribunal Act 2008, section 67B (1).
"involvement in the transport of dangerous goods" includes—
(a) importing, or arranging for the importation of, dangerous goods into Australia; and
(b) packing dangerous goods for transport; and
(c) marking or labelling packages containing dangerous goods for transport, and placarding vehicles and packaging on or in which dangerous goods are transported; and
(d) consigning dangerous goods for transport including the preparation of transport documentation; and
(e) loading dangerous goods for transport or unloading dangerous goods that have been transported; and
(f) undertaking, or being responsible for, otherwise than as an employee or sub-contractor, the transport of dangerous goods; and
(g) driving a vehicle carrying dangerous goods by; and
(h) being the consignee of dangerous goods transported; and
(i) being involved as a director, secretary or manager of a corporation, or other person who takes part in the management of a corporation, that takes part in an activity covered by this definition.
"jurisdiction" means the Commonwealth, a State, an external territory or internal territory.
"loader", of goods for transport—see section 13.
"loads", goods for transport—see section 13.
"motor vehicle"—see the Road Transport (General) Act 1999, dictionary.
"occupier", of premises or a vehicle, for part 3.5 (Enforcement)—see section 68.
"offence", for part 3.5 (Enforcement)—see section 68.
"offender"—
(a) for division 3.6.1 (Improvements notices)—see section 109; and
(b) for division 3.6.2 (Formal warnings)—see section 116; and
(c) for part 3.9 (Compensation orders)—see section 142.
"operator", of a vehicle—see section 14.
"owner", of a vehicle, means a person who—
(a) is the sole or joint owner or part owner of the vehicle; or
(b) has possession or use of the vehicle under a credit, hire-purchase, lease or other agreement, other than an agreement requiring the vehicle to be registered in the name of someone else.
package, in relation to goods, is the complete product of the packing of the goods for transport, and consists of the goods and their packaging.
"packaging", in relation to goods—see section 11.
"packer", of goods for transport—see section 12.
"packs", goods for transport—see section 12.
part 3.2 vehicle—see section 38.
"placard" means a label or emergency information panel that is required by regulation to be used in transporting dangerous goods.
"placard load" means a load of dangerous goods that must be placarded under a regulation.
"premises" includes a structure, whether permanent or temporary, and land, but does not include a vehicle.
"prime contractor", in relation to the transport of dangerous goods by road, means the person who, in conducting a business for or involving the transport of dangerous goods by road, has undertaken to be responsible for, or is responsible for, the transport of the goods by road.
"prohibition notice"—see section 119.
"protected information", for part 5.1 (Secrecy and information sharing)—see section 177.
"public agency", for part 5.3 (Victimisation of people for reporting breaches and assisting with investigations)—see section 185.
"public authority" means—
(a) an Australian government in any capacity; or
(b) a body established under a law, or the holder of an office established under a law, for a public purpose, including a local government authority; or
(c) a police force or police service.
"qualified", to drive a vehicle or run its engine—see section 15.
"reciprocal powers agreement"—see section 26.
"registered operator", of a vehicle, means—
(a) for a vehicle registered under the Road Transport (Vehicle Registration) Act 1999—a person recorded in the registrable vehicles register kept under that Act as a registered operator of the vehicle; or
(b) for a vehicle registered under the law of another jurisdiction—a person recorded in the register of the other jurisdiction corresponding to the registrable vehicles register as a registered operator (however described) of the vehicle.
"relevant person", for part 5.1 (Secrecy and information sharing)—see section 177.
"responsible person"—
(a) for this Act generally—for an authorised person, means—
(i) for an authorised person other than a police officer—the appointing competent authority; or
(ii) for a police officer—a senior police officer; and
(b) for division 3.5.6 (Dealing with seized things)—see section 96.
"reviewable decision", for chapter 4 (Notification and review of decisions)—see section 169.
"road"—see the Australian Road Rules, rule 12.
"road infrastructure"—
(a) includes—
(i) a road, or road related area, including its surface or pavement; and
(ii) anything under or supporting a road, or road related area, or its surface or pavement and maintained by the Territory or Commonwealth; and
(iii) any bridge, tunnel, causeway, ford or other work or structure forming part of a road system, or road related area system, or supporting a road or road related area; and
(iv) any bridge or other work or structure located above, in or on a road or road related area and maintained by the Territory or Commonwealth; and
(v) any traffic control devices, railway or tramway equipment, electricity equipment, emergency telephone systems or any other facilities (whether of the same or a different kind) in, on, over, under or connected with anything mentioned in subparagraphs (i) to (iv); and
(vi) anything else prescribed by regulation as road infrastructure; but
(b) does not include anything prescribed by regulation as not road infrastructure.
"road related area"—see the Australian Road Rules, rule 13.
"roads compensation order", for part 3.9 (Compensation orders)—see section 142.
"road transport legislation"—see the Road Transport (General) Act 1999, section 6.
"senior police officer" means the chief police officer or another police officer of or above the rank of superintendent.
"supervisory intervention order"—see section 133 (2).
(a) of which a tank forms part; or
(b) to which a tank (other than a portable tank) is attached.
"trailer"—see the Road Transport (General) Act 1999, dictionary.
"transport", in relation to dangerous goods, includes—
(a) the packing, loading and unloading of the goods, and the transfer of the goods to or from a vehicle, for the purpose of their transport; and
(b) the marking or labelling of packages containing dangerous goods, and the placarding of vehicles and packaging on or in which dangerous goods are transported; and
(c) other matters incidental to their transport.
"transport documentation" means documentation required by regulation for the transport of dangerous goods.
"two-up driver" means a person accompanying a driver of a vehicle on a journey or part of a journey, who has been, is or will be sharing the task of driving the vehicle during the journey.
"unattended—"see section 18.
"vehicle"—see the Road Transport (General) Act 1999, dictionary.
"warrant", for part 3.5 (Enforcement)—see section 68.
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 27 August 2009.
2 Notification
Notified under the Legislation Act on 28 September 2009.
3 Republications of amended laws
For the latest republication of amended laws, see
www.legislation.act.gov.au.
I certify that the above is a true copy of the Dangerous Goods (Road
Transport) Bill 2009, which was passed by the Legislative Assembly on
17 September 2009.
Clerk of the Legislative Assembly
© Australian Capital Territory 2009