New South Wales Consolidated Acts
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DANGEROUS GOODS (ROAD AND RAIL TRANSPORT) ACT 2008
- As at 3 April 2024
- Act 95 of 2008
TABLE OF PROVISIONS
Long Title
PART 1 - PRELIMINARY
1. Name of Act
2. Commencement
3. Purpose
4. Definitions
5. Scope of this Act
PART 2 - LICENSING AND SAFETY OBLIGATIONS
6. Licensing of vehicles transporting dangerous goods
7. Licensing of drivers transporting dangerous goods
8. Goods too dangerous to be transported
9. Duties concerning the transport of dangerous goods
10. Reckless conduct causing death or serious injury by person with duties under section 9
11. Special defence for owners or operators
12. Offences by corporations--liability of directors and managers
PART 3 - REGULATIONS
13. Regulation-making powers
14. Regulations may adopt codes, standards and rules
15. Penalties under the regulations
PART 4 - ADMINISTRATION
Division 1 - Competent Authorities and their authorised officers
16. Competent Authorities
17. Appointment of authorised officers
18. Identification cards
19. Return of identification cards
20. Competent Authority may delegate functions
Division 2 - Powers of authorised officers
21. Section 21 General powers of authorised officers who are police officers or appointed by EPA: application of Chapter 7 of Protection of the Environment Operations Act 1997
22. General powers of authorised officers appointed by SafeWork NSW: application of Part 9 of Work Health and Safety Act 2011
23. Offence of obstructing or intimidating authorised officers and others exercising functions under Act
24. Offence of impersonating an authorised officer
25. Reciprocal powers of authorised officers
PART 5 - INVESTIGATION, IMPROVEMENT AND PROHIBITION NOTICES
Division 1 - Investigation notices
26. Investigation notices
27. Offence: failure to comply with investigation notice
Division 2 - Improvement notices
28. Issue of improvement notices
29. Offence: failure to comply with improvement notice
Division 3 - Prohibition notices
30. Issue of prohibition notices
31. Offence: failure to comply with prohibition notice
Division 4 - General provisions relating to notices
32. Preventing injury and damage--taking direct action
33. Notices may include directions
34. Review of notices by Competent Authority
35. Appeal to Court following review
36. Application for stay of investigation or prohibition notice
37. Withdrawal of notices
38. Revocation or withdrawal of notice does not prevent issue of another notice
39. Service of documents
40. Exhibition of notices
41. Proceedings for offences not affected by notices
PART 6 - EXEMPTIONS
42. Exemptions
43. Variation and cancellation of exemptions and conditions
44. Internal review of exemptions by Competent Authority
45. Appeal to Court following review
46. Application orders and emergency orders
PART 7 - CRIMINAL AND OTHER PROCEEDINGS
Division 1 - Proceedings for offences generally
47. Proceedings for an offence
48. Penalty notices
Division 2 - Court orders in connection with offences
49. Operation of Division
50. Orders generally
51. Orders regarding monetary benefits
52. Power to affect licences
53. Supervisory intervention orders
54. Prohibiting a person from involvement in the dangerous goods transport industry
55. Forfeiture
56. Orders for costs, expenses and compensation at time offence proved
57. Recovery of costs, expenses and compensation after offence proved
58. Recovery of costs from convicted person
Division 3 - General
59. Evidence
60. Evidence regarding weighing
61. Transport documentation
62. Proof of appointments and signatures unnecessary
63. Use of codes of practice etc in proceedings
PART 8 - MISCELLANEOUS
64. Act to bind Crown
65. Protection from liability
66. Confidentiality and disclosure of information
67. Contracting out prohibited
68. Recovery of costs of public authorities
69. Assistance in emergencies or accidents
70. Minister to notify adoption of code etc
71. Delegation
72. Savings, transitional and other provisions
73, 74. (Repealed)
75. Review of Act
SCHEDULE 1
Schedule 2 (Repealed)
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