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This is a Bill, not an Act. For current law, see the Acts databases.


DANGEROUS GOODS (TRANSPORT) BILL 1998

                     Western Australia



Dangerous Goods (Transport) Bill 1998


                       CONTENTS




                 Part 1 -- Preliminary
 1.      Short title                                               2
 2.      Commencement                                              2
 3.      Interpretation (Cwlth s 6)                                2
 4.      Reviews of decisions under this Act (Cwlth s 5)           4
 5.      Application of Acts Interpretation Act 1901 (Cwlth)
         (Cwlth s 9)                                               5
 6.      Scope of this Act (Cwlth s 10)                            5
 7.      Crown bound (Cwlth s 7)                                   6

                 Part 2 -- Regulations
 8.      Power to make (Cwlth s 11)                                7
 9.      Penalties (Cwlth s 12)                                   10

        Part 3 -- Competent Authorities and
                authorized officers
 10 .    Appointment of Competent Authorities (Cwlth s 13)        11
 11 .    Appointment of authorized officers (Cwlth s 14)          11
 12 .    Identification cards (Cwlth s 15)                        11

                                                               page i
                       No. 141 -- 1
Dangerous Goods (Transport) Bill 1998




      13 .    Return of identification cards (Cwlth s 16)           12
      14 .    Competent Authority may delegate powers
              (Cwlth s 17)                                          12
      15 .    General powers of authorized officers (Cwlth s 18)    12
      16 .    Authorized officer may require name and address
              (Cwlth s 19)                                          15
      17 .    Powers of authorized officer where offence
              suspected (Cwlth s 20)                                15
      18 .    Authorized officer to restore vehicle or equipment
              to original condition after inspection (Cwlth s 21)   16
      19 .    Offence to fail to comply with a direction
              (Cwlth s 22)                                          16
      20 .    Self incrimination no excuse (Cwlth s 23)             17
      21 .    Obtaining a warrant (Cwlth s 24)                      17
      22 .    Warrants may be issued by telephone or fax
              (Cwlth s 25)                                          19
      23 .    Availability of assistance and use of force in
              executing a warrant (Cwlth s 26)                      21
      24 .    Search and seizure etc. of other evidence
              (Cwlth s 27)                                          21
      25 .    Notice to remedy contravention (Cwlth s 28)           21
      26 .    Notice to eliminate or minimize danger (Cwlth s 29)   23
      27 .    Review of notices (Cwlth s 30)                        24
      28 .    Preventing injury and damage by direct action
              (Cwlth s 31)                                          24

                       Part 4 -- Exemptions
      29 .    Exemptions (Cwlth s 32)                               25
      30 .    Variation and cancellation of exemptions and
              conditions (Cwlth s 33)                               27
      31 .    Review of exemptions etc. (Cwlth s 33A)               27
      32 .    Application orders and emergency orders
              (Cwlth s 34)                                          28

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                              Dangerous Goods (Transport) Bill 1998




       Part 5 -- Offences, penalties, evidence and
                      procedure
33 .      Failure to hold licence etc. (Cwlth s 35)               29
34 .      Goods too dangerous to be transported (Cwlth s 36)      30
35 .      Duties concerning the transport of dangerous goods
          (Cwlth s 37)                                            30
36 .      Infringement notices (Cwlth s 38)                       31
37 .      Proceedings for an offence (Cwlth s 39)                 32
38 .      Evidence (Cwlth s 40)                                   32
39 .      Use of codes of practice etc. in proceedings
          (Cwlth s 41)                                            34
40 .      Conduct of company directors, employees or agents
          (Cwlth s 42)                                            35

                 Part 6 -- Miscellaneous
41 .      Recovery of costs from convicted person
          (Cwlth s 43)                                            38
42 .      Recovery of costs of government action
          (Cwlth s 44)                                            38
43 .      Prohibiting a person from involvement in the
          dangerous goods transport industry (Cwlth s 45)         40
44 .      Forfeiture (Cwlth s 46)                                 40
45 .      Delegation (Cwlth s 47)                                 41
46 .      Protection from liability (Cwlth s 48)                  41
47 .      Assistance in emergencies or accidents (Cwlth s 49)     41
48 .      Minister to notify adoption of code etc. (Cwlth s 50)   42




                                                              page iii
                           Western Australia



                      LEGISLATIVE COUNCIL




   Dangerous Goods (Transport) Bill 1998
                               A Bill for


An Act to provide for the safe transport of dangerous goods by
vehicles.



The Parliament of Western Australia enacts as follows:




                                                                 page 1
     Dangerous Goods (Transport) Bill 1998
     Part 1     Preliminary

     s. 1



                            Part 1 -- Preliminary
     1.       Short title
              This Act may be cited as the Dangerous Goods (Transport)
              Act 1998.

 5   2.       Commencement
              This Act comes into operation on such day as is fixed by
              proclamation.

     3.       Interpretation (Cwlth s 6)
              In this Act, unless the contrary intention appears --
10            "authorized officer" means an authorized officer appointed
                  under section 11;
              "Competent Authority" means a Competent Authority
                 appointed under section 10;
              "dangerous goods" means --
15                 (a)   a substance or article prescribed as dangerous goods;
                         or
                  (b)    a substance or article determined by a Competent
                         Authority in accordance with the regulations to be
                         dangerous goods;
20            "dangerous situation" means a situation involving the transport
                  of dangerous goods that is causing or is likely to cause
                  imminent risk of death or injury to a person, or harm to the
                  environment or to property;
              "Gazette" means the Government Gazette of Western Australia
25               printed and published, or purporting to be printed and
                 published, by the Government Printer and includes any
                 supplement to the Gazette;


     page 2
                              Dangerous Goods (Transport) Bill 1998
                                           Preliminary       Part 1

                                                                    s. 3



     "government authority" means --
         (a)   a department of the Public Service;
         (b)   a body, whether corporate or unincorporate, or the
               holder of an office, post or position, being a body,
 5             office, post or position that is established or continued
               for a public purpose under a written law;
         (c)   a local government;
         (d)   a Competent Authority;
     "involvement in the transport of dangerous goods"
10       includes --
         (a)   importing, or arranging for the importation of,
               dangerous goods into Western Australia;
         (b)   marking packages and unit loads containing
               dangerous goods for transport, and placarding
15             containers and vehicles in which dangerous goods are
               transported;
         (c)   consigning dangerous goods for transport;
         (d)   loading dangerous goods onto a vehicle, or into a
               container that is to be put on a vehicle, for transport
20             or unloading dangerous goods that have been
               transported;
         (e)   undertaking, or being responsible for, otherwise than
               as an employee or sub-contractor, the transport of
               dangerous goods;
25       (f)   driving a vehicle carrying dangerous goods;
         (g)   being the consignee of dangerous goods for transport;
               and




                                                                 page 3
     Dangerous Goods (Transport) Bill 1998
     Part 1     Preliminary

     s. 4



                    (h)    being involved as a director, secretary or manager of a
                           body corporate, or other person who takes part in the
                           management of a body corporate, that takes part in an
                           activity covered by this definition;
 5             "Minister" has the same definition as in the Interpretation
                  Act 1984;
               "offence" means an offence against this Act;
               "premises" includes a structure, whether permanent or
                   temporary, and land, but does not include a vehicle;
10             "transport", in relation to dangerous goods, means the
                   transport of the goods by vehicle and 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;
15                  (b)    the marking of packages and unit loads containing
                           dangerous goods, and the placarding of containers
                           and vehicles in which dangerous goods are
                           transported; and
                    (c)    other matters incidental to their transport;
20             "vehicle" means any thing used or capable of being used to
                   transport people or things by air, road, rail or water and it
                   does not matter how any such thing is moved or propelled.
     Note: The references in section headnotes to Commonwealth sections are references to
           sections in the Road Transport Reform (Dangerous Goods) Act 1995 (Cwlth) as
25         amended by the Road Transport Reform (Dangerous Goods) Amendment
           Act 1997 (Cwlth).]

     4.        Reviews of decisions under this Act (Cwlth s 5)
               Applications for review of decisions under this Act are to be
               made to a Local Court.


     page 4
                                          Dangerous Goods (Transport) Bill 1998
                                                       Preliminary       Part 1

                                                                                  s. 5



     5.         Application of Acts Interpretation Act 1901 (Cwlth)
                (Cwlth s 9)
          (1)   Unless the contrary intention appears, the Acts Interpretation
                Act 1901 of the Commonwealth applies to the interpretation of
 5              this Act.
          (2)   The Interpretation Act 1984 applies to the interpretation of this
                Act to the extent that it can do so consistently with the
                application of the Acts Interpretation Act 1901 of the
                Commonwealth to the interpretation of this Act.

10   6.         Scope of this Act (Cwlth s 10)
          (1)   This Act does not apply to dangerous goods that are in a
                container that is designed to form part of, and forms part of, the
                fuel or battery system of a vehicle's engine, auxiliary engine, fuel
                burning appliance or other part of a vehicle's propulsion
15              equipment.
          (2)   Subject to subsection (3), if another written law relates to
                dangerous goods that law applies in addition to this Act, unless
                expressly provided otherwise.
          (3)   If a provision of this Act is inconsistent with a provision of
20              another written law --
                  (a)   that relates to the storage and handling of dangerous
                        goods; and
                 (b)    that does not relate to the transport of dangerous goods,
                then the provision of the other written law prevails.
25        (4)   If a provision of this Act is inconsistent with a provision of
                another written law that relates to the transport of dangerous
                goods of a category that is prescribed for the purposes of this



                                                                                 page 5
    Dangerous Goods (Transport) Bill 1998
    Part 1     Preliminary

    s. 7



             subsection by regulations under this Act, then the provision of
             the other written law prevails.

    7.       Crown bound (Cwlth s 7)
             This Act binds the Crown in right of Western Australia and, so
5            far as the legislative power of Parliament permits, in all its other
             capacities.




    page 6
                                         Dangerous Goods (Transport) Bill 1998
                                                     Regulations        Part 2

                                                                                 s. 8



                             Part 2 -- Regulations
     8.         Power to make (Cwlth s 11)
          (1)   The Governor may make regulations prescribing matters --
                  (a)   required or permitted to be prescribed by this Act; or
 5               (b)    necessary or convenient to be prescribed for carrying out
                        or giving effect to this Act.
          (2)   In particular, the regulations may make provision relating to the
                following:
                  (a)   types and categories of dangerous goods and methods
10                      for deciding types and categories of dangerous goods;
                 (b)    the determination by a Competent Authority of which
                        goods are dangerous goods or dangerous goods of a
                        particular type, or are too dangerous to be transported or
                        too dangerous to be transported in bulk;
15                (c)   the analysis and testing of dangerous goods;
                 (d)    goods too dangerous to be transported or too dangerous
                        to be transported in bulk;
                  (e)   fees that are to be paid for things done under this Act;
                  (f)   the marking of packages and unit loads containing
20                      dangerous goods for transport and the placarding of
                        containers and vehicles in which dangerous goods are
                        transported;
                 (g)    containers and packaging used in the transport of
                        dangerous goods;
25               (h)    the manufacture of vehicles and containers for use in the
                        transport of dangerous goods;




                                                                            page 7
     Dangerous Goods (Transport) Bill 1998
     Part 2     Regulations

     s. 8



               (i)   voluntary accreditation schemes, including privileges to
                     be accorded or sanctions to be imposed under the
                     schemes and the cancellation or suspension of the
                     schemes;
 5             (j)   the loading of dangerous goods for, and the unloading of
                     dangerous goods after, their transport;
               (k)   the determination by a Competent Authority of routes
                     along which, the areas in which and the times during
                     which dangerous goods may or may not be transported;
10             (l)   procedures for the transport of dangerous goods,
                     including but not limited to --
                       (i)   the quantities and circumstances in which
                             dangerous goods, or particular types of
                             dangerous goods, may be transported; and
15                    (ii)   safety procedures and equipment;
              (m)    the licensing of --
                       (i)   vehicles and drivers for the purposes of the
                             transport of dangerous goods; and
                      (ii)   people responsible for the transport of dangerous
20                           goods or for vehicles used in that transport;
               (n)   the mandatory accreditation of people involved in the
                     transport of dangerous goods or particular aspects of
                     that transport;
               (o)   the approval by a Competent Authority of the form in
25                   which applications are to be made to the Authority, and
                     the form in which documents are to be issued by the
                     Authority, for the purposes of the regulations;




     page 8
                                     Dangerous Goods (Transport) Bill 1998
                                                 Regulations        Part 2

                                                                          s. 8



            (p)    the approval by a Competent Authority of --
                     (i)   packages, containers, equipment and other items
                           used in relation to the transport of dangerous
                           goods; and
 5                  (ii)   facilities for and methods of testing or using
                           packages, containers, equipment and other items
                           used, and processes carried out, in relation to the
                           transport of dangerous goods;
            (q)    documents required to be prepared or kept by people
10                 involved in the transport of dangerous goods and the
                   approval by a Competent Authority of alternative
                   documentation;
             (r)   obligations arising, and procedures to be followed, in the
                   event of a dangerous situation in relation to the transport
15                 of dangerous goods;
             (s)   the training and qualifications required of authorized
                   officers and other people performing functions under this
                   Act;
             (t)   the training and qualifications required of people
20                 involved in, and the approval of training courses and
                   qualifications relating to involvement in, the transport of
                   dangerous goods;
            (u)    the recognition of laws of other jurisdictions relating to
                   the transport of dangerous goods and of things done
25                 under those laws, and the giving effect to those things;
            (v)    the review of decisions under this Act;
            (w)    infringement notices, and documents and costs relating
                   to infringement notices.
     (3)   The regulations may apply, adopt or incorporate any or all of the
30         provisions of a code, standard or rule relating to dangerous


                                                                        page 9
     Dangerous Goods (Transport) Bill 1998
     Part 2     Regulations

     s. 9



                goods or to the transport of dangerous goods and those
                provisions may be applied, adopted or incorporated as they
                currently exist, as amended by the regulations, or as amended
                from time to time.
 5        (4)   The regulations may --
                  (a)   prescribe a substance or article as being dangerous
                        goods; or
                 (b)    prescribe various types of dangerous goods, including
                        goods that are too dangerous to be transported, and
10                      methods for deciding which dangerous goods fall into
                        each type,
                by reference to such a code, standard or rule.
          (5)   A reference in this section to a code, standard or rule includes a
                reference to one that is made outside Australia.

15   9.         Penalties (Cwlth s 12)
                The regulations may create offences, and may provide for a
                maximum penalty, not exceeding $3 000 for an individual or
                $15 000 for a body corporate, for each offence.




     page 10
                                         Dangerous Goods (Transport) Bill 1998
                         Competent Authorities and authorized officers  Part 3

                                                                                s. 10



            Part 3 -- Competent Authorities and authorized
                              officers
     10.         Appointment of Competent Authorities (Cwlth s 13)
           (1)   The Minister may, by notice in the Gazette, appoint Competent
 5               Authorities.
           (2)   A Competent Authority --
                  (a)   may exercise all the powers and perform all the functions
                        of an authorized officer; and
                  (b)   when exercising those powers or performing those
10                      functions, has all the immunities of an authorized officer.

     11.         Appointment of authorized officers (Cwlth s 14)
           (1)   A Competent Authority may, by notice in the Gazette, appoint
                 people, or a class of people, to be authorized officers.
           (2)   In appointing authorized officers, a Competent Authority may
15               specify that the appointment is subject to conditions or
                 restrictions relating to --
                  (a)   the powers that are exercisable by those officers; or
                  (b)   when, where and in what circumstances those officers
                        may exercise powers.
20         (3)   A Competent Authority may issue identification cards containing
                 prescribed details to authorized officers.

     12.         Identification cards (Cwlth s 15)
           (1)   Each authorized officer who is not a police officer must --
                  (a)   carry his or her identification card while carrying out
25                      duties under this Act; and


                                                                            page 11
     Dangerous Goods (Transport) Bill 1998
     Part 3     Competent Authorities and authorized officers

     s. 13



                  (b)    if it is practicable, produce it before exercising a power
                         of an authorized officer under this Act.
           (2)   A police officer who is exercising or about to exercise a power
                 of an authorized officer under this Act must, if practicable,
 5               comply with a request to identify himself or herself by --
                   (a)   producing the officer's police identification, or
                         authorized officer identification card (if issued); or
                  (b)    stating orally or in writing the officer's name, rank and
                         place of duty, or the officer's identification number.

10   13.         Return of identification cards (Cwlth s 16)
           (1)   A person who has been issued with an identification card and
                 who stops being an authorized officer must return his or her
                 identification card to the appropriate Competent Authority as
                 soon as practicable.
15         (2)   A person must not contravene subsection (1) without reasonable
                 excuse.
                 Penalty: $100.

     14.         Competent Authority may delegate powers (Cwlth s 17)
                 A Competent Authority may, by signed instrument, delegate any
20               of his or her powers under this Act, other than the power of
                 appointment under section 11 and this power of delegation, to
                 authorized officers.

     15.         General powers of authorized officers (Cwlth s 18)
           (1)   An authorized officer may, to find out whether this Act is being
25               complied with, enter and search premises if the authorized
                 officer believes on reasonable grounds that he or she will find a
                 thing that has been, is being or is likely to be used in relation to
                 the transport of dangerous goods; but if premises are unattended

     page 12
                                   Dangerous Goods (Transport) Bill 1998
                   Competent Authorities and authorized officers  Part 3

                                                                           s. 15



           or are a residence, the authorized officer may only enter if the
           occupier consents.
     (2)   An authorized officer may enter and search premises, whether
           attended or not and whether or not a residence, if he or she
 5         believes on reasonable grounds that a dangerous situation exists
           as a result of anything occurring at the premises in relation to the
           transport of dangerous goods.
     (3)   If an authorized officer believes on reasonable grounds that a
           vehicle has been, is being or is likely to be used for the transport
10         of dangerous goods, the officer may, to find out whether this Act
           is being complied with --
             (a)   stop or detain the vehicle or cause the vehicle to be
                   stopped or detained; and
            (b)    search the vehicle for dangerous goods or for
15                 documents, equipment or other things relating to the
                   transport of dangerous goods.
     (4)   If an authorized officer believes on reasonable grounds that a
           vehicle or equipment has been, is being or is likely to be used in
           relation to the transport of dangerous goods, the officer may, to
20         find out whether this Act is being complied with, direct a person
           in charge or apparently in charge of the vehicle or equipment to
           move the vehicle or equipment, or to cause it to be moved, to a
           suitable location for inspection.
     (5)   If the inspection is not to take place immediately, the direction
25         must be given by notice in writing specifying the time, date and
           location for the inspection.
     (6)   An authorized officer may carry out an inspection of the kind
           referred to in subsection (4) without notice if the authorized
           officer believes on reasonable grounds that a dangerous situation
30         exists.


                                                                       page 13
     Dangerous Goods (Transport) Bill 1998
     Part 3     Competent Authorities and authorized officers

     s. 15



        (7)    An authorized officer may, to find out whether this Act is being
               complied with, take samples, or direct a person in charge of
               premises or a vehicle or equipment referred to in subsection (1),
               (2), (3) or (4) or another person capable of doing so to give
 5             samples of a substance for examination and testing if the
               authorized officer believes on reasonable grounds that the
               substance is dangerous goods, ingredients of dangerous goods or
               goods that have been transported together with dangerous
               goods. The authorized officer must give a receipt in a form
10             approved by a Competent Authority.
        (8)    An authorized officer may, to find out whether this Act is being
               complied with, direct a person in charge of premises or a vehicle
               or equipment referred to in subsection (1), (2), (3) or (4) to
               produce documents.
15      (9)    The authorized officer may make copies of the documents, or
               remove them to make copies, but if they are removed the
               authorized officer must --
                (a)   if it is practicable to do so, allow the person otherwise
                      entitled to possession of the documents reasonable
20                    access to them; and
                (b)   give a receipt in a form approved by a Competent
                      Authority.
       (10)    An authorized officer may, to find out whether this Act is being
               complied with, leave at premises written directions to the
25             occupier requiring the occupier, within a specified time --
                (a)   to give samples of a substance the authorized officer
                      believes on reasonable grounds to be dangerous goods,
                      or ingredients of dangerous goods, for examination and
                      testing; or
30              (b)   to produce documents that may help the authorized
                      officer.

     page 14
                                         Dangerous Goods (Transport) Bill 1998
                         Competent Authorities and authorized officers  Part 3

                                                                               s. 16



      (11)       An authorized officer may, in order to find out whether this Act
                 is being complied with, direct a person to answer questions that
                 may help the authorized officer.
      (12)       An authorized officer may make photographic, mechanical or
 5               electronic recordings for a purpose incidental to the exercise of a
                 power of the authorized officer under this section.

     16.         Authorized officer may require name and address
                 (Cwlth s 19)
           (1)   An authorized officer may require a person to state the person's
10               name and address if the authorized officer believes on reasonable
                 grounds that the person has been involved in the transport of
                 dangerous goods.
           (2)   When making the requirement, the authorized officer must warn
                 the person that it is an offence to fail to state the person's name
15               and address unless the person has a reasonable excuse.
           (3)   The authorized officer may require the person to give evidence
                 of the correctness of the stated name or address if the authorized
                 officer suspects on reasonable grounds that the stated name or
                 address is false.
20         (4)   A person must comply with the authorized officer's requirement
                 under subsection (1) or (3) unless the person has a reasonable
                 excuse for not complying with it.
                 Penalty: $500.

     17.         Powers of authorized officer where offence suspected
25               (Cwlth s 20)
           (1)   This section applies if an authorized officer believes on
                 reasonable grounds that he or she will find evidence of an



                                                                              page 15
     Dangerous Goods (Transport) Bill 1998
     Part 3     Competent Authorities and authorized officers

     s. 18



                 offence at premises, including on a vehicle or equipment at the
                 premises.
           (2)   The authorized officer may enter the premises and search for or
                 test the evidence.
 5         (3)   If the premises are unattended or are a residence, the authorized
                 officer may only enter with the consent of the occupier of the
                 premises or with the authority of a warrant issued under
                 section 21.
           (4)   The authorized officer may direct a person in charge or
10               apparently in charge of the premises, vehicle or equipment or
                 another person capable of doing so to give samples of a
                 substance for examination and testing.

     18.         Authorized officer to restore vehicle or equipment to
                 original condition after inspection (Cwlth s 21)
15               After inspecting premises, a vehicle or equipment under
                 section 15 or 17, the authorized officer must take reasonable
                 steps to return the premises, vehicle or equipment to the
                 condition they were in immediately before the inspection.

     19.         Offence to fail to comply with a direction (Cwlth s 22)
20               A person who --
                  (a)   without reasonable excuse, fails to comply with a
                        direction made by an authorized officer in accordance
                        with section 15 or 17;
                  (b)   without reasonable excuse, obstructs an authorized
25                      officer or a person assisting an authorized officer in the
                        exercise of a power of the authorized officer; or




     page 16
                                         Dangerous Goods (Transport) Bill 1998
                         Competent Authorities and authorized officers  Part 3

                                                                                s. 20



                   (c)   gives to an authorized officer who is exercising such a
                         power information that the person knows to be false or
                         misleading in a material particular,
                 is guilty of an offence.
 5               Penalty: For an individual, $10 000 or imprisonment for
                          6 months or both.
                          For a body corporate, $50 000.

     20.         Self incrimination no excuse (Cwlth s 23)
                 A person is not excused from answering a question asked under
10               section 15 on the ground that the answer to the question might
                 tend to incriminate the person, but except for a corporation --
                   (a)   the answer to the question; or
                   (b)   any information, document or thing obtained as a direct
                         or indirect consequence of the answer to the question,
15               is not admissible in evidence against the person in criminal
                 proceedings other than proceedings for an offence against
                 section 19.

     21.         Obtaining a warrant (Cwlth s 24)
           (1)   If an authorized officer believes on reasonable grounds that there
20               is, or there will be in the next 72 hours, evidence of an offence at
                 a residence, at unattended premises or at an unattended vehicle
                 or equipment, the authorized officer may apply to a magistrate
                 for a warrant authorizing him or her to enter the premises,
                 vehicle or equipment and seize the evidence.




                                                                             page 17
     Dangerous Goods (Transport) Bill 1998
     Part 3     Competent Authorities and authorized officers

     s. 21



        (2)    The application must be made by information on oath, and must
               include --
                 (a)   the purpose for which the warrant is to be issued and the
                       nature of the offence the authorized officer suspects has
 5                     been or is likely to be committed;
                (b)    a description of the residence, premises, vehicle or
                       equipment;
                 (c)   the type of evidence to be searched for and seized;
                (d)    whether consent to enter the residence, premises, vehicle
10                     or equipment has been sought, and whether --
                         (i)   consent has been refused or withdrawn; or
                        (ii)   consent has been unable to be obtained after
                               reasonable efforts have been made to obtain it;
                 (e)   if the officer assumes that consent will not be given if it is
15                     sought -- the grounds on which that assumption was
                       made;
                 (f)   whether the powers authorized by the warrant will need
                       to be exercised at any time of the day or night or
                       between specified hours; and
20              (g)    the period for which the authorized officer believes the
                       warrant needs to remain in force.
        (3)    The magistrate must not issue a warrant unless he or she is
               satisfied that there are reasonable grounds for doing so.
        (4)    If the magistrate decides to issue a warrant, the magistrate must
25             state in the warrant --
                 (a)   the name of the authorized officer to whom it is directed;
                (b)    the purpose for which the warrant is issued and the
                       nature of the offence the authorized officer suspects has
                       been, is being or will be committed;


     page 18
                                         Dangerous Goods (Transport) Bill 1998
                         Competent Authorities and authorized officers  Part 3

                                                                                s. 22



                   (c)   a description of the residence, premises, vehicle or
                         equipment;
                  (d)    the type of evidence to be searched for and seized;
                   (e)   whether the powers authorized by the warrant may be
 5                       exercised at any time of the day or night or between
                         specified hours; and
                   (f)   the period for which the warrant is to remain in force
                         (not exceeding 7 days).

     22.         Warrants may be issued by telephone or fax (Cwlth s 25)
10         (1)   An authorized officer may make an application to a magistrate
                 for a warrant by telephone, facsimile or other electronic
                 means --
                   (a)   in an urgent case; or
                  (b)    if the delay that would occur if an application were made
15                       in person would frustrate the effective execution of the
                         warrant.
           (2)   The magistrate may require communication by voice with the
                 applicant to the extent that is practicable in the circumstances.
           (3)   An application under this section must include all information
20               required to be given in an application for a warrant under
                 section 21, but the application may, if necessary, be made before
                 the information is sworn.
           (4)   If --
                   (a)   an application is made under this section;
25                (b)    the magistrate has considered the information in the
                         application and any further information the magistrate
                         requires; and



                                                                             page 19
     Dangerous Goods (Transport) Bill 1998
     Part 3     Competent Authorities and authorized officers

     s. 22



                 (c)   the magistrate is satisfied that the delay that would occur
                       if an application were made in person would frustrate the
                       effective execution of the warrant,
               the magistrate may complete and sign the same form of warrant
 5             that would be issued under section 21.
        (5)    If the magistrate decides to issue the warrant, the magistrate
               must inform the applicant, by telephone, facsimile or other
               electronic means, of the terms of the warrant and the day on
               which and the time at which it was signed.
10      (6)    If the information referred to in subsection (3) was not sworn,
               the authorized officer must, not later than the day after the day
               of expiry of the warrant or the day after the day on which the
               warrant was executed, whichever is the earlier, give to the
               magistrate the information duly sworn.
15      (7)    The magistrate must attach to the documents given under
               subsection (6) the form of warrant completed by the magistrate.
        (8)    If it is material, in any proceedings, for a court to be satisfied
               that the exercise of a power under a warrant issued under this
               section was duly authorized, the court must assume, unless the
20             contrary is proved, that the exercise of the power was not duly
               authorized unless the form of warrant signed by the magistrate is
               produced in evidence.
        (9)    If an application for a warrant is made under this section,
               section 21 applies as if --
25               (a)   section 21(1) referred to 48 hours rather than 72 hours;
                       and
                (b)    section 21(4)(f) referred to 48 hours rather than 7 days.




     page 20
                                         Dangerous Goods (Transport) Bill 1998
                         Competent Authorities and authorized officers  Part 3

                                                                              s. 23



     23.         Availability of assistance and use of force in executing a
                 warrant (Cwlth s 26)
           (1)   A warrant may authorize a police officer to assist in executing
                 the warrant.
 5         (2)   In executing a warrant, an authorized officer or a police officer
                 assisting may use such force as is necessary and reasonable in the
                 circumstances.

     24.         Search and seizure etc. of other evidence (Cwlth s 27)
                 If, in the course of searching under this Act, an authorized
10               officer finds things (other than things specified in a warrant
                 under this Act) that the authorized officer believes on reasonable
                 grounds --
                   (a)   would constitute evidence of an offence; and
                  (b)    would be concealed, lost or destroyed, or used in
15                       committing an offence, if the officer did not seize them,
                 the authorized officer may --
                   (c)   seize the things; or
                  (d)    do whatever is necessary to preserve the evidence,
                         including placing a seal, lock or guard.

20   25.         Notice to remedy contravention (Cwlth s 28)
           (1)   If an authorized officer believes on reasonable grounds that a
                 person --
                   (a)   is contravening this Act; or
                  (b)    has contravened this Act in circumstances that make it
25                       likely that the contravention will be repeated,
                 the authorized officer may give the person a notice requiring the
                 person to remedy the matters causing the contravention.

                                                                            page 21
     Dangerous Goods (Transport) Bill 1998
     Part 3     Competent Authorities and authorized officers

     s. 25



        (2)    A notice under this section must --
                 (a)   be in writing;
                 (b)   state the name of the person to whom it is directed;
                 (c)   state that the authorized officer believes that the person
 5                     to whom the notice is directed --
                         (i)    is contravening a provision of this Act; or
                         (ii)   has contravened a provision of this Act in
                                circumstances that make it likely that the
                                contravention will be repeated;
10              (d)    state the grounds on which the belief is based;
                 (e)   specify the provision of this Act; and
                 (f)   specify a day by which the matters referred to in the
                       notice must be remedied.
        (3)    An authorized officer may include in a notice under this section
15             directions as to the measures to be taken to remedy the
               contravention, or to avoid further contravention of, this Act.
        (4)    A notice under this section that relates to a vehicle may be given
               by placing it securely on the vehicle in a conspicuous position.
        (5)    A person who --
20               (a)   contravenes a notice under this section; or
                 (b)   removes a notice under this section from a vehicle before
                       the matters causing the contravention have been
                       remedied (unless it is necessary to do so to remedy the
                       matters),
25             is guilty of an offence.
               Penalty: For an individual, $10 000.
                        For a body corporate, $50 000.



     page 22
                                         Dangerous Goods (Transport) Bill 1998
                         Competent Authorities and authorized officers  Part 3

                                                                                    s. 26



     26.         Notice to eliminate or minimize danger (Cwlth s 29)
           (1)   If an authorized officer believes on reasonable grounds that --
                   (a)   a dangerous situation exists; and
                   (b)   a person is in a position to take measures to avert,
 5                       eliminate or minimize the danger,
                 the authorized officer may issue a notice requiring the person to
                 take those measures.
           (2)   A notice under this section must --
                   (a)   be in writing;
10                 (b)   state the name of the person to whom it is directed;
                   (c)   identify the situation that, in the authorized officer's
                         opinion, is causing the danger;
                  (d)    state the grounds on which the belief is based;
                   (e)   specify the measures to be taken; and
15                 (f)   specify a day by which the measures are to be taken.
           (3)   A notice under this section that relates to a vehicle may be given
                 by placing it securely on the vehicle in a conspicuous position.
           (4)   A person who --
                   (a)   contravenes a notice under this section; or
20                 (b)   removes a notice under this section from a vehicle before
                         measures have been taken to avert, eliminate or minimize
                         the danger (unless it is necessary to do so to avert,
                         eliminate or minimize the danger),
                 is guilty of an offence.
25               Penalty: For an individual, $10 000.
                          For a body corporate, $50 000.



                                                                              page 23
     Dangerous Goods (Transport) Bill 1998
     Part 3     Competent Authorities and authorized officers

     s. 27



     27.       Review of notices (Cwlth s 30)
               A person to whom a notice under section 25 or 26 is directed
               may apply for a review of the decision to issue the notice.

     28.       Preventing injury and damage by direct action
 5             (Cwlth s 31)
               If --
                (a)   an authorized officer believes on reasonable grounds that
                      a dangerous situation exists; and
                (b)   either --
10                      (i)    a person to whom a notice under section 25 or 26
                               has been given has not complied with the notice;
                               or
                        (ii)   giving such a notice to a person would not be
                               appropriate to avert, eliminate or minimize the
15                             danger,
               the authorized officer may take or cause to be taken any action
               he or she believes on reasonable grounds to be necessary to
               avert, eliminate or minimize the danger.




     page 24
                                            Dangerous Goods (Transport) Bill 1998
                                                        Exemptions         Part 4

                                                                               s. 29



                                 Part 4 -- Exemptions
     29.         Exemptions (Cwlth s 32)
           (1)   A person or a representative of a class of people may apply to a
                 Competent Authority for an exemption from compliance with a
 5               provision of the regulations in relation to the transport of
                 particular dangerous goods.
           (2)   A Competent Authority may exempt the person or class of
                 people from compliance with the provision if he or she is
                 satisfied that --
10                (a)   it is not reasonably practicable for the person or people
                        to comply with the provision; and
                  (b)   granting the exemption --
                          (i)     would not be likely to create a risk of death or
                                  injury to a person, or harm to the environment or
15                                to property, greater than that which would be the
                                  case if the person or people were required to
                                  comply; and
                          (ii)    would not cause unnecessary administrative or
                                  enforcement difficulties, particularly with respect
20                                to maintaining national uniformity of laws relating
                                  to the transport of dangerous goods.
           (3)   An exemption may be subject to conditions.
           (4)   If a Competent Authority grants an exemption to one person, he
                 or she must send a notice to the person stating --
25                (a)   the provisions of the regulations that are the subject of
                        the exemption;
                  (b)   the dangerous goods to which the exemption applies;



                                                                             page 25
     Dangerous Goods (Transport) Bill 1998
     Part 4     Exemptions

     s. 29



                 (c)   the period of time for which the exemption remains in
                       force;
                (d)    the conditions to which the exemption is subject; and
                 (e)   the geographical area for which the exemption is valid.
 5      (5)    If a Competent Authority --
                 (a)   grants an exemption to a class of people; or
                (b)    grants an exemption that is to remain in force for longer
                       than 6 months,
               the Competent Authority must place a notice in the Gazette
10             specifying all the details in subsection (4) and the person or class
               of people to which the exemption applies.
        (6)    A person who fails to comply with conditions to which an
               exemption is subject is guilty of an offence.
               Penalty: For an individual, $10 000 or imprisonment for
15                      6 months or both.
                        For a body corporate, $50 000.
        (7)    If an exemption is granted to one person, the person must keep a
               copy of the notice of exemption in the vehicle or premises to
               which it applies.
20      (8)    If a Competent Authority --
                 (a)   grants an exemption to a class of people; or
                (b)    grants an exemption that is to remain in force for longer
                       than 6 months,
               the Competent Authority must notify a Competent Authority of
25             each other State and of each Territory of the details of the
               exemption.




     page 26
                                           Dangerous Goods (Transport) Bill 1998
                                                       Exemptions         Part 4

                                                                                s. 30



     30.         Variation and cancellation of exemptions and conditions
                 (Cwlth s 33)
           (1)   A Competent Authority may cancel an exemption if --
                   (a)   he or she is satisfied that a condition to which the
 5                       exemption is subject has not been complied with; or
                  (b)    he or she is no longer satisfied of the matters referred to
                         in section 29(2).
           (2)   An exemption granted to a person is to be varied or cancelled by
                 notice in writing given to the person, and the variation or
10               cancellation takes effect from the day on which the notice is
                 given, or from a later day specified in the notice.
           (3)   An exemption granted to a class of people is to be varied or
                 cancelled by notice published in the Gazette, and the variation or
                 cancellation takes effect on the day of publication, or from a
15               later day specified in the notice.
           (4)   A Competent Authority may vary or cancel conditions to which
                 the exemption is subject or impose new conditions.

     31.         Review of exemptions etc. (Cwlth s 33A)
                 If a Competent Authority --
20                 (a)   refuses to grant an exemption to a person or a class of
                         people;
                  (b)    cancels an exemption granted to a person or a class of
                         people; or
                   (c)   varies or cancels conditions to which an exemption
25                       granted to a person or a class of people is subject or
                         imposes new conditions,
                 the person or a representative of the class of people may apply
                 for a review of the decision.

                                                                             page 27
     Dangerous Goods (Transport) Bill 1998
     Part 4     Exemptions

     s. 32



     32.         Application orders and emergency orders (Cwlth s 34)
           (1)   The Minister may order, by notice in the Gazette, that the
                 operation of the regulations, or of specified parts of the
                 regulations --
 5                 (a)   is suspended for a specified period; or
                  (b)    is varied in a manner specified by the Minister.
           (2)   An order that relates to the transport of dangerous goods by
                 road must be consistent with the provisions relating to
                 application orders and emergency orders in the agreements
10               scheduled to the National Road Transport Commission
                 Act 1991 of the Commonwealth.
           (3)   An order may have effect in relation to the whole jurisdiction or
                 to a specified area.




     page 28
                                           Dangerous Goods (Transport) Bill 1998
                          Offences, penalties, evidence and procedure     Part 5

                                                                                 s. 33



     Part 5 -- Offences, penalties, evidence and procedure
     33.         Failure to hold licence etc. (Cwlth s 35)
           (1)   A person must not use a vehicle to transport dangerous goods
                 (other than as the driver of the vehicle) if --
 5                 (a)   the regulations require the vehicle to be licensed to
                         transport the goods; and
                  (b)    the vehicle is not licensed under the regulations.
                 Penalty: For an individual, $50 000 or imprisonment for 2 years
                          or both.
10                        For a body corporate, $250 000.
           (2)   A person must not employ, engage or permit another person to
                 drive a vehicle transporting dangerous goods if the other person
                 is required by the regulations to be licensed to drive the vehicle
                 and is not so licensed.
15               Penalty: For an individual, $50 000 or imprisonment for 2 years
                          or both.
                          For a body corporate, $250 000.
           (3)   A person must not drive a vehicle transporting dangerous goods
                 if --
20                 (a)   the regulations require the vehicle to be licensed to
                         transport the goods; and
                  (b)    the vehicle is not licensed under the regulations.
                 Penalty: $10 000.
           (4)   A person who is required by the regulations to be accredited to
25               be involved in the transport of dangerous goods or a particular
                 aspect of that transport must not be so involved without being so
                 accredited.



                                                                              page 29
     Dangerous Goods (Transport) Bill 1998
     Part 5     Offences, penalties, evidence and procedure

     s. 34



                 Penalty: For an individual, $50 000 or imprisonment for 2 years
                          or both.
                          For a body corporate, $250 000.
           (5)   A person must not drive a vehicle transporting dangerous goods
 5               if --
                   (a)   the regulations require the person to be licensed to
                         transport the goods; and
                  (b)    the person is not licensed under the regulations.
                 Penalty: $10 000.

10   34.         Goods too dangerous to be transported (Cwlth s 36)
                 A person must not transport goods that the regulations identify
                 as being too dangerous to be transported.
                 Penalty: For an individual, $50 000 or imprisonment for 2 years
                          or both.
15                        For a body corporate, $250 000.

     35.         Duties concerning the transport of dangerous goods
                 (Cwlth s 37)
           (1)   A person involved in the transport of dangerous goods who fails
                 to ensure, as far as is practicable, that the goods are transported
20               in a safe manner is guilty of an offence.
           (2)   If a person involved in the transport of dangerous goods fails to
                 comply with a provision of this Act in circumstances where the
                 person knew, or ought reasonably to have known, that the
                 failure would be likely to endanger the safety of another person
25               or of property or the environment, the person is guilty of an
                 offence.




     page 30
                                                 Dangerous Goods (Transport) Bill 1998
                                Offences, penalties, evidence and procedure     Part 5

                                                                                       s. 36



                 Penalty:
                         (a)      if the failure results in death or serious injury to a
                                  person --
                                    (i)   for an individual, $100 000 or imprisonment
 5                                        for 4 years or both;
                                   (ii)   for a body corporate, $500 000;
                         (b)      in any other case --
                                    (i)   for an individual, $50 000 or imprisonment for
                                          2 years or both;
10                                 (ii)   for a body corporate, $250 000.

     36.         Infringement notices (Cwlth s 38)
           (1)   The regulations may provide for a person to be served with an
                 infringement notice requiring payment of a fixed penalty for an
                 offence (not exceeding the penalty that would otherwise apply)
15               against the regulations as an alternative to prosecution in court
                 for the offence.
           (2)   The regulations must specify --
                   (a)         the offences to which the alternative applies; and
                  (b)          the time within which the penalty must be paid.
20         (3)   A Competent Authority may withdraw an infringement notice by
                 serving a notice on the person on whom the infringement notice
                 was served.
           (4)   If a person pays the fixed penalty and any prescribed costs, and
                 the infringement notice is later withdrawn, the person is entitled
25               to a refund of the penalty.




                                                                                     page 31
     Dangerous Goods (Transport) Bill 1998
     Part 5     Offences, penalties, evidence and procedure

     s. 37



           (5)   If a person pays the fixed penalty and any prescribed costs
                 within --
                   (a)   the time specified in the infringement notice; or
                  (b)    a longer period --
 5                         (i)   specified in a reminder notice given to the person;
                                 or
                          (ii)   allowed by the person who issued the notice,
                         and before a summons is served on the person in respect
                         of the alleged offence,
10               a prosecution in court is not to be taken against the person for
                 the offence and a conviction must not be recorded against the
                 person for the offence.
           (6)   A prosecution may be taken or continued for the offence if --
                   (a)   the person served with the infringement notice does not
15                       pay the fixed penalty and any prescribed costs within the
                         period referred to in subsection (5); or
                  (b)    the infringement notice is withdrawn.

     37.         Proceedings for an offence (Cwlth s 39)
                 A prosecution for an offence may be brought by an authorized
20               officer.

     38.         Evidence (Cwlth s 40)
           (1)   In a prosecution for an offence, if an authorized officer gives
                 evidence that he or she believes any of the matters referred to in
                 subsection (2), the court must, if --
25                 (a)   it considers the belief to be reasonable; and
                  (b)    there is no evidence to the contrary,
                 accept the matter as proved.

     page 32
                                     Dangerous Goods (Transport) Bill 1998
                    Offences, penalties, evidence and procedure     Part 5

                                                                         s. 38



     (2)   The matters are:
            (a)    that dangerous goods described in shipping documents
                   carried in a vehicle were being carried in the vehicle;
            (b)    that particular goods were dangerous goods or
 5                 dangerous goods of a particular type;
            (c)    if markings or placards on or attached to a substance or
                   container indicated that the substance was or the
                   container contained particular dangerous goods -- that
                   the substance was or the container contained those
10                 dangerous goods;
            (d)    if markings or placards on or attached to a vehicle or
                   equipment indicated that the vehicle or equipment was
                   being used to transport dangerous goods -- that the
                   vehicle or equipment was being used to transport those
15                 dangerous goods;
            (e)    if markings or placards on or attached to a substance or
                   container indicated, in relation to the substance, the
                   container or the contents of the container, a particular
                   capacity, tare weight, origin, character, specification,
20                 ownership or date of manufacture -- that the substance,
                   the container or the contents of the container had that
                   capacity, tare weight, origin, character, specification,
                   ownership or date of manufacture;
             (f)   if markings or placards on or attached to a vehicle or
25                 container indicated in relation to the load of the vehicle
                   or the contents of the container, a particular quantity of
                   dangerous goods -- that the vehicle or container
                   contained that quantity of dangerous goods;
            (g)    that a person was not, at a particular time, accredited or
30                 the holder of a licence relating to dangerous goods.



                                                                       page 33
     Dangerous Goods (Transport) Bill 1998
     Part 5     Offences, penalties, evidence and procedure

     s. 39



           (3)   A court may admit into evidence --
                  (a)   a copy of a document made under section 15(9) and
                        certified by the authorized officer as being a true copy;
                        or
 5                (b)   a photographic, mechanical or electronic recording made
                        under section 15(12) and certified by the authorized
                        officer as being a true recording.
           (4)   A court may admit the following documents as evidence if they
                 appear to be signed by a Competent Authority or by a person
10               exercising powers delegated by a Competent Authority for the
                 relevant purpose:
                  (a)   documents relating to whether a person is exempt from
                        certain requirements under section 29;
                  (b)   documents relating to vehicles, equipment or other items
15                      required by the regulations to be approved by a
                        Competent Authority;
                  (c)   documents relating to accreditation or licensing by a
                        Competent Authority.
           (5)   The court must accept the documents as proof of the facts stated
20               in them if there is no evidence to the contrary.
           (6)   All courts must take judicial notice of the signature of a
                 Competent Authority on a document authorized or required to
                 be signed for the purposes of this Act.

     39.         Use of codes of practice etc. in proceedings (Cwlth s 41)
25         (1)   This section applies to a code of practice, guideline or other
                 document that is approved by the Minister for the purpose of
                 providing practical guidance to people engaged in the transport
                 of dangerous goods.



     page 34
                                            Dangerous Goods (Transport) Bill 1998
                           Offences, penalties, evidence and procedure     Part 5

                                                                                 s. 40



           (2)   If --
                   (a)    in proceedings against a person for an offence, it is
                          alleged that a person contravened a provision of this Act;
                  (b)     a code of practice, guideline or other document to which
 5                        this section applies specifies a means of complying with
                          the provision or with a requirement of the provision; and
                   (c)    either --
                            (i)   the code of practice, guideline or other document
                                  has been published in the Gazette; or
10                         (ii)   copies of the code of practice, guideline or other
                                  document are available for purchase or inspection
                                  within the State,
                 then --
                  (d)     the code of practice, guideline or other document is
15                        admissible in the proceedings; and
                   (e)    if the court is satisfied that, at the relevant time, the
                          person acted in accordance with the code of practice,
                          guideline or other document, the person is taken to have
                          complied with the provision or requirement.

20   40.         Conduct of company directors, employees or agents
                 (Cwlth s 42)
           (1)   If, in proceedings for an offence, it is necessary to establish the
                 state of mind of a body corporate in relation to particular
                 conduct, it is sufficient to show --
25                 (a)    that the conduct was engaged in by a director, employee
                          or agent of the body corporate within the scope of his or
                          her actual or apparent authority; and
                  (b)     that the director, employee or agent had the relevant
                          state of mind.

                                                                              page 35
     Dangerous Goods (Transport) Bill 1998
     Part 5     Offences, penalties, evidence and procedure

     s. 40



        (2)    For the purposes of a prosecution for an offence, conduct
               engaged in on behalf of a body corporate by a director, employee
               or agent of the body corporate within the scope of his or her
               actual or apparent authority is taken to have been engaged in
 5             also by the body corporate, unless the body corporate establishes
               that it took reasonable precautions and exercised due diligence
               to avoid the conduct.
        (3)    If, in proceedings for an offence, it is necessary to establish the
               state of mind of a person other than a body corporate in relation
10             to particular conduct, it is sufficient to show --
                 (a)   that the conduct was engaged in by an employee or agent
                       of the person within the scope of his or her actual or
                       apparent authority; and
                (b)    that the employee or agent had the relevant state of
15                     mind.
        (4)    Conduct engaged in on behalf of a person other than a body
               corporate (the "employer") by an employee or agent of the
               person within the scope of his or her actual or apparent authority
               is taken, for the purposes of a prosecution for an offence, to
20             have been engaged in also by the employer unless the employer
               establishes that the employer took reasonable precautions and
               exercised due diligence to avoid the conduct.
        (5)    If a body corporate commits an offence, a person who is a
               director, secretary or manager of the body corporate or who is
25             otherwise concerned in the management of the body corporate is
               liable to be punished as an individual who has been found guilty
               of the offence unless the person satisfies the court that --
                 (a)   the person did not know that the offence was committed;
                (b)    the person was not in a position to influence the conduct
30                     of the body corporate in relation to the offence; or


     page 36
                                           Dangerous Goods (Transport) Bill 1998
                          Offences, penalties, evidence and procedure     Part 5

                                                                              s. 40



             (c)         the person took reasonable precautions and exercised
                         due diligence to prevent the commission of the offence.
     (6)   Despite anything in this Act, a person is not liable to be punished
           by imprisonment for an offence if --
 5           (a)         a person other than a body corporate is convicted of an
                         offence; and
            (b)          the person would not have been convicted of the offence
                         if subsections (3), (4) and (5) had not been enacted.
     (7)   Proceedings for an offence may be brought against a director of
10         a body corporate whether or not proceedings for the offence are
           brought against the body corporate.
     (8)   In this section --
           "director", of a body corporate, includes a constituent member
               of a body corporate incorporated for a public purpose by a
15             law of the Commonwealth or of a State or Territory;
           "engaging in conduct" includes failing or refusing to engage in
               conduct;
           "state of mind" of a person includes --
                   (a)     the knowledge, intention, opinion, belief or purpose
20                         of the person; and
                   (b)     the person's reasons for the intention, opinion, belief
                           or purpose.




                                                                           page 37
     Dangerous Goods (Transport) Bill 1998
     Part 6     Miscellaneous

     s. 41



                              Part 6 -- Miscellaneous
     41.         Recovery of costs from convicted person (Cwlth s 43)
                 If a court convicts a person of an offence following action taken
                 by an authorized officer under section 15 or 17, the court may,
 5               on an application by or on behalf of the authorized officer, order
                 that, in addition to any other penalty, the defendant must pay any
                 costs that were reasonably incurred in taking that action and are
                 directly related to the investigation of the offence, including
                 costs for testing, transporting, storing and disposing of the
10               dangerous goods and other evidence.

     42.         Recovery of costs of government action (Cwlth s 44)
           (1)   This section applies to an incident that relates to the transport of
                 dangerous goods, being an incident --
                   (a)   wholly or partly constituted by or arising from --
15                         (i)   the escape of dangerous goods; or
                          (ii)   an explosion or fire involving dangerous goods;
                         or
                  (b)    that involves the danger of the escape of dangerous
                         goods or an explosion or fire involving dangerous goods.
20         (2)   If a government authority incurs costs as a result of the
                 occurrence of an incident to which this section applies, so much
                 of the costs as were reasonably incurred are recoverable as a
                 debt due to the authority or to the Crown by action in a court of
                 competent jurisdiction.
25         (3)   The costs are recoverable jointly or severally from the following
                 people:
                   (a)   the person who was the owner of the dangerous goods at
                         the time of the incident;

     page 38
                                    Dangerous Goods (Transport) Bill 1998
                                               Miscellaneous       Part 6

                                                                           s. 42



            (b)    the person who was in control or possession of the
                   dangerous goods at the time of the incident;
             (c)   the person who caused the incident;
            (d)    the person responsible, otherwise than as an employee,
 5                 agent or sub-contractor of another person, for the
                   transport of the dangerous goods.
     (4)   Costs are not recoverable from a person who establishes that --
             (a)   the incident was due to the act or default of another
                   person;
10          (b)    the person could not, exercising reasonable care, have
                   prevented the incident; and
             (c)   the incident was not attributable to an employee, agent
                   or sub-contractor of the person.
     (5)   The recovery of costs incurred by one government authority as a
15         result of the occurrence of an incident to which this section
           applies, including an award or judgment in relation to those costs
           or expenses, does not preclude the recovery of costs incurred by
           another government authority as a result of the occurrence of the
           incident.
20   (6)   This section does not affect a right to recover an amount in
           respect of costs or expenses that exists apart from this section,
           but a government authority is not entitled to recover, in respect
           of the same costs or expenses, an amount under this section and
           an amount in proceedings founded on other rights.
25   (7)   In proceedings under this section, a document apparently signed
           by the principal officer of the relevant government authority
           specifying details of the costs reasonably incurred as a result of
           the occurrence of an incident to which this section applies is, in
           the absence of evidence to the contrary, proof of the matter so
30         specified.

                                                                      page 39
     Dangerous Goods (Transport) Bill 1998
     Part 6     Miscellaneous

     s. 43



     43.         Prohibiting a person from involvement in the dangerous
                 goods transport industry (Cwlth s 45)
           (1)   In sentencing a person for an offence, a court may, having regard
                 to the matters referred to in subsection (2) and to such other
 5               matters as it thinks fit, and in addition to imposing any other
                 penalty, order that the person be prohibited for a specified period
                 from involvement in the transport of dangerous goods.
           (2)   The matters to which a court must have regard are:
                   (a)   the person's record in the transport of dangerous goods;
10                (b)    any prior convictions of the person relating to dangerous
                         goods;
                   (c)   the circumstances surrounding the commission of the
                         offence for which the person is being sentenced.
           (3)   A person who contravenes an order under this section is guilty
15               of an offence.
                 Penalty: For an individual, $50 000 or imprisonment for 2 years
                          or both.
                          For a body corporate, $250 000.

     44.         Forfeiture (Cwlth s 46)
20         (1)   If --
                   (a)   a person is convicted by a court of an offence in relation
                         to dangerous goods; and
                  (b)    the person owns the goods or the owner cannot be
                         identified,
25               the court may, in addition to imposing any other penalty, order
                 the dangerous goods and their container to be forfeited to the
                 Crown.



     page 40
                                           Dangerous Goods (Transport) Bill 1998
                                                      Miscellaneous       Part 6

                                                                                s. 45



           (2)   Dangerous goods and containers forfeited to the Crown may be
                 destroyed, sold or otherwise disposed of as directed by a
                 Competent Authority.
           (3)   The person must pay to the Crown the reasonable costs of
 5               destruction, sale or other disposal.

     45.         Delegation (Cwlth s 47)
                 The Minister may by instrument in writing delegate all or any of
                 the Minister's powers under this Act (other than the powers in
                 section 32) to a Competent Authority.

10   46.         Protection from liability (Cwlth s 48)
           (1)   An authorized officer does not incur civil liability for an act or
                 omission done honestly and in good faith in the course of his or
                 her duties.
           (2)   A liability that would, apart from this section, attach to an
15               authorized officer attaches instead to the relevant Competent
                 Authority.

     47.         Assistance in emergencies or accidents (Cwlth s 49)
           (1)   A person does not incur civil liability for an act done honestly
                 and in good faith, and without any fee, charge or other reward,
20               for the purpose of assisting or attempting to assist in a situation
                 in which an emergency or accident involving dangerous goods
                 occurs or is likely to occur.
           (2)   Subsection (1) does not apply to a person whose act or omission
                 was wholly or partly the cause of the occurrence or likely
25               occurrence.




                                                                             page 41
     Dangerous Goods (Transport) Bill 1998
     Part 6     Miscellaneous

     s. 48



           (3)   Subsection (1) applies to a government authority even though
                 the government authority requires payment for a service
                 provided in connection with the occurrence or likely occurrence.
           (4)   This section does not apply to an authorized officer.

 5   48.         Minister to notify adoption of code etc. (Cwlth s 50)
           (1)   If the regulations apply, adopt or incorporate provisions of a
                 code, standard or rule, the Minister must, as soon as practicable
                 after the regulations are made, publish in the Gazette a notice
                 giving details of places where the code, standard or rule may be
10               obtained or inspected.
           (2)   If --
                   (a)   the regulations apply, adopt or incorporate provisions of
                         a code, standard or rule as in force from time to time;
                         and
15                (b)    the code, standard or rule is amended or replaced,
                 the Minister must, as soon as practicable after the amendment or
                 replacement, publish in the Gazette a notice stating that the code,
                 standard or rule has been amended or replaced and giving details
                 of places where the amended or replaced code, standard or rule
20               may be obtained or inspected.
           (3)   A reference in this section to a code, standard or rule includes a
                 reference to one that is made outside Australia.




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