Dangerous Goods Legislation (Amendment) Act 2004
Victorian Legislation Parliamentary Documents
i
Dangerous Goods Legislation (Amendment) Act
2004
Act No. 67/2004
TABLE OF PROVISIONS
Section Page
1. Purposes 1
2. Commencement 2
3. Objects of Dangerous Goods Act 1985 2
4. Definitions 3
5. Declaration of high consequence dangerous goods 4
6. Powers of inspectors 4
7. New section 21A inserted 5
21A. Special provisions for HCDG and explosives licences 5
8. Additional grounds for revocation of HCDG licences 8
9. Transfer of licences 9
10. New heading to Part VII substituted 9
PART VII—PROCEEDINGS AND ENFORCEMENT". 9
11. New section 42A inserted 9
42A. Analyst's certificates 9
12. New sections 47A, 47B, 47C and 47D inserted 12
47A. Forfeiture and disposal of HCDG, explosives or
containers before conviction 12
47B. Court orders for forfeiture and disposal of HCDG,
explosives or containers before conviction 13
47C. Appeal against orders under section 47B 16
47D. Compensation 16
13. Regulations 17
14. New sections 55A, 55B and 55C inserted 17
55A. Orders—general provisions 17
55B. Variation and revocation of orders 20
55C. Making and varying of orders about HCDG subject to
disallowance 20
15. Regulations about HCDG 21
16. Road transport of HCDG 25
17. Terrorism (Community Protection) Act 2003 25
═══════════════
ENDNOTES 29
-- 1 of 30 --
Victorian Legislation Parliamentary Documents
1
Dangerous Goods Legislation
(Amendment) Act 2004†
[Assented to 19 October 2004]
The Parliament of Victoria enacts as follows:
1. Purposes
The main purposes of this Act are to amend—
(a) the Dangerous Goods Act 1985 and the
Road Transport (Dangerous Goods) Act
1995 to regulate access to high consequence
dangerous goods and make further provision
for explosives; and
Victoria
No. 67 of 2004
-- 2 of 30 --
Victorian Legislation Parliamentary Documents
Act No. 67/2004
Dangerous Goods Legislation (Amendment) Act 2004
2
(b) the Terrorism (Community Protection)
Act 2003 to provide for notifications about
certain high consequence dangerous goods.
2. Commencement
(1) This Act, except sections 7 and 16, comes into
operation on the day on which it receives the
Royal Assent.
(2) Subject to sub-section (3), sections 7 and 16 come
into operation on a day or days to be proclaimed.
(3) If a provision referred to in sub-section (2) does
not come into operation before 1 December 2005,
it comes into operation on that day.
3. Objects of Dangerous Goods Act 1985
In section 4 of the Dangerous Goods Act 1985—
(a) in paragraph (f), for "Code." substitute
"Code;";
(b) after paragraph (f) insert—
"(g) to provide for the management of risks
arising out of security concerns
associated with explosives and high
consequence dangerous goods;
(h) to prohibit or regulate the import,
export, supply or disposal of high
consequence dangerous goods;
(i) to prohibit or regulate the export or
supply of explosives.".
s. 2
See:
Act No.
10189.
Reprint No. 5
as at
6 March 2003.
LawToday:
www.dms.
dpc.vic.
gov.au
-- 3 of 30 --
Victorian Legislation Parliamentary Documents
Act No. 67/2004
Dangerous Goods Legislation (Amendment) Act 2004
3
4. Definitions
(1) In section 3(1) of the Dangerous Goods Act
1985—
(a) in the definition of "dangerous goods" after
paragraph (b)(ii) insert—
"(iia) high consequence dangerous goods;
and";
(b) insert the following definitions—
' "explosives licence" means a licence
issued pursuant to section 21 in relation
to explosives;
"HCDG" means high consequence
dangerous goods;
"HCDG licence" means a licence issued
pursuant to Part 3 in relation to high
consequence dangerous goods;
"high consequence dangerous goods"
means substances or articles that are
declared to be high consequence
dangerous goods under section 9B but
does not include any substances or
articles that are explosives;'.
(2) After section 3(2) of the Dangerous Goods Act
1985 insert—
"(3) Any reference in this Act to sell explosives
or to the sale of explosives includes a
reference to the supply of the explosives
whether or not for any consideration.".
s. 4
-- 4 of 30 --
Victorian Legislation Parliamentary Documents
Act No. 67/2004
Dangerous Goods Legislation (Amendment) Act 2004
4
5. Declaration of high consequence dangerous goods
(1) After section 9B(1) of the Dangerous Goods Act
1985, insert—
"(1A) The Governor in Council may by Order
declare any dangerous goods, or class of
dangerous goods, to be high consequence
dangerous goods for the purposes of this Act.
(1B) The Governor in Council may by Order
declare needs for access to high consequence
dangerous goods—
(a) that will be treated as lawful needs for
the purposes of an HCDG licence;
(b) that will not be treated as lawful needs
for the purposes of an HCDG licence.".
(2) In section 9B(4) of the Dangerous Goods Act
1985, after "made" insert "under sub-section (1)".
6. Powers of inspectors
After section 17(7) of the Dangerous Goods Act
1985 insert—
"(8) Without limiting an inspector's powers in
relation to dangerous goods generally, an
inspector's powers under this section extend
and apply to and in relation to the import,
export and disposal of high consequence
dangerous goods and the export of
explosives.".
s. 5
-- 5 of 30 --
Victorian Legislation Parliamentary Documents
Act No. 67/2004
Dangerous Goods Legislation (Amendment) Act 2004
5
7. New section 21A inserted
After section 21 of the Dangerous Goods Act
1985 insert—
'21A. Special provisions for HCDG and
explosives licences
(1) If the regulations require a person to hold a
licence to manufacture, transport or store
explosives or high consequence dangerous
goods, the Authority may require—
(a) the applicant to provide a security plan
for the activities to be covered by the
licence;
(b) the licensee, at any time during the
currency of the licence, to provide a
security plan for the activities covered
by the licence.
(2) The security plan must—
(a) be based on a risk assessment of those
activities; and
(b) contain the prescribed particulars.
(3) The Authority must not issue a licence to
import, export, manufacture, store, sell,
supply, use, handle, transfer, transport or
dispose of high consequence dangerous
goods unless the Authority is of the opinion
that—
(a) the applicant for the licence, if a natural
person—
(i) is of the age required by the
Authority for the licence applied
for; and
(ii) has provided specified proof of
identity; and
s. 7
-- 6 of 30 --
Victorian Legislation Parliamentary Documents
Act No. 67/2004
Dangerous Goods Legislation (Amendment) Act 2004
6
(iii) has provided consent and
sufficient information for the
Authority to obtain known
information concerning the person
to determine whether the person
has satisfied the requirements
prescribed by the regulations to
hold an HCDG licence; and
(b) the applicant for the licence, if a body
corporate—
(i) has provided details of the
incorporation of the body; and
(ii) has provided specified proof of
identity of such of the directors
and persons concerned in the
management of the body corporate
that are required by the Authority;
and
(iii) such of the directors and the
persons concerned in the
management of the body corporate
that are required by the Authority
have provided their consent and
sufficient information for the
Authority to obtain known
information concerning the
director or person to determine
whether they have satisfied the
requirements prescribed by the
regulations to be a director or
person concerned in the
management of a body corporate
that holds an HCDG licence; and
s. 7
-- 7 of 30 --
Victorian Legislation Parliamentary Documents
Act No. 67/2004
Dangerous Goods Legislation (Amendment) Act 2004
7
(c) the applicant for the licence has
provided the consent and sufficient
information from any person who is to
be responsible for the security of the
goods under the HCDG licence for the
Authority to obtain known information
concerning the person to determine
whether the person has satisfied the
requirements prescribed by the
regulations to be responsible for the
security of the goods under the HCDG
licence; and
(d) the applicant for the licence has
demonstrated a need for access to the
high consequence dangerous goods that
is declared by Order in Council under
section 9B(1B) to be a lawful need in
relation to those goods; and
(e) the applicant for the licence has
satisfied any other requirements
prescribed by the regulations.
(4) The Authority must not issue a licence to
import, export, manufacture, store, sell, use,
transport, handle or transfer explosives
unless the Authority is of the opinion that the
requirements of sub-section (3)(a), (b), (c),
and (e) with necessary modifications to
apply in relation to an explosives licence are
satisfied.
(5) Nothing in this section limits any other
powers of the Authority under this Act in
relation to the issue of licences for dangerous
goods or the powers to make regulations for
or with respect to the issue of licences for
dangerous goods.
s. 7
-- 8 of 30 --
Victorian Legislation Parliamentary Documents
Act No. 67/2004
Dangerous Goods Legislation (Amendment) Act 2004
8
(6) In this section—
"known information" means any records
concerning a person kept by or on
behalf of—
(a) the Chief Commissioner of Police
appointed under the Police
Regulation Act 1958; or
(b) any person holding a position
equivalent to that of the Chief
Commissioner of Police in the
Commonwealth or in a State or
Territory of the Commonwealth or
any other country; or
(c) any other prescribed person or
body.
"specified proof of identity", in relation to
a person or director, means proof of the
identity of the person or director in the
same manner and to the same extent as
is required for an identification
reference under the Financial
Transactions Reports Act 1988 of the
Commonwealth.'.
8. Additional grounds for revocation of HCDG licences
After section 24(4) of the Dangerous Goods Act
1985 insert—
"(5) If—
(a) an HCDG licence has been issued on
the basis of demonstrating a lawful
need for access to high consequence
dangerous goods that has been declared
by Order in Council under section
9B(1B); and
s. 8
-- 9 of 30 --
Victorian Legislation Parliamentary Documents
Act No. 67/2004
Dangerous Goods Legislation (Amendment) Act 2004
9
(b) after the issue of the licence, an Order
in Council is made revoking that lawful
need—
the Authority must revoke the licence or the
part of the licence that relates to that lawful
need within 3 months after the notice of the
Order in Council is published in the
Government Gazette.
(6) Without limiting any of the powers of the
Authority to amend, suspend or revoke any
licence on any ground or for any reason, the
Authority may amend, suspend or revoke an
HCDG licence if the person who holds the
licence has been found guilty of an offence
against this Act or the Terrorism
(Community Protection) Act 2003.".
9. Transfer of licences
In section 26 of the Dangerous Goods Act 1985,
after "may," insert "subject to the regulations".
10. New heading to Part VII substituted
For the heading to Part VII of the Dangerous
Goods Act 1985 substitute—
"PART VII—PROCEEDINGS AND
ENFORCEMENT".
11. New section 42A inserted
After section 42 of the Dangerous Goods Act
1985 insert—
'42A. Analyst's certificates
(1) In any legal proceedings for an offence
against this Act relating to an explosive or
HCDG the production of a certificate
purporting to be signed by an approved
analyst with respect to any analysis or
s. 9
-- 10 of 30 --
Victorian Legislation Parliamentary Documents
Act No. 67/2004
Dangerous Goods Legislation (Amendment) Act 2004
10
examination made by the approved analyst
is, without proof of the signature of the
person appearing to have signed the
certificate or that the person is an approved
analyst, sufficient evidence of—
(a) the identity or quantity or both the
identity and quantity of the substance,
article or thing analysed;
(b) the nature of any substance analysed
including whether the substance is pure
or a mixture of other substances;
(c) the result of the analysis;
(d) any other matters relevant to the
proceedings that are stated in the
certificate.
(2) The provisions of sub-section (1) do not
apply—
(a) if a copy of the certificate was not
served on the defendant at least 7 days
before the hearing; or
(b) if the defendant, at least 3 days before
the hearing, gave notice in writing
personally or by post to the informant
and to the approved analyst that he or
she requires the analyst to attend as a
witness.
(3) For the purpose of sub-section (2)(a) a copy
of the certificate is deemed to be served on
the defendant under that provision if—
(a) not less than 10 days before the hearing
a copy of the certificate is lodged with
the court of hearing which is authorised
to make the copy available to the
defendant; and
s. 11
-- 11 of 30 --
Victorian Legislation Parliamentary Documents
Act No. 67/2004
Dangerous Goods Legislation (Amendment) Act 2004
11
(b) notice in writing has been given to the
defendant that a copy of the certificate
will be so lodged with the court.
(4) Service of a copy of a certificate for the
purposes of this section may be effected and
proved—
(a) in any manner in which service of a
summons may be effected and proved;
or
(b) if the certificate was served with the
summons and proof of service of the
summons is by affidavit, by stating in
the affidavit that a copy of the
certificate was served with the
summons.
(5) If an analysis or examination has been
carried out for the purpose of any legal
proceedings for an offence against this Act
the court may, in addition to any other order
as to costs, make any order that it thinks
proper—
(a) as to the expenses of and remuneration
to be paid for the analysis or
examination; and
(b) if the approved analyst has been
required by the defendant to attend as a
witness, as to the conduct money of the
analyst.
(6) In this section, "approved analyst" means
an analyst who is—
(a) operating with the authority of a
laboratory accredited by the National
Association of Testing Authorities; or
(b) approved by the Authority.'.
s. 11
-- 12 of 30 --
Victorian Legislation Parliamentary Documents
Act No. 67/2004
Dangerous Goods Legislation (Amendment) Act 2004
12
12. New sections 47A, 47B, 47C and 47D inserted
After section 47 of the Dangerous Goods Act
1985 insert—
"47A. Forfeiture and disposal of HCDG,
explosives or containers before conviction
(1) Any high consequence dangerous goods or
explosives or containers used for or in
connexion with high consequence dangerous
goods or explosives that are seized and
detained by an inspector under Part II are
forfeited to the Authority if the Authority—
(a) cannot find the owner of the goods,
explosives or containers after making
reasonable enquiries; or
(b) cannot return the goods, explosives or
containers to their owner after making
reasonable efforts.
(2) Sub-section (1)(a) does not require the
Authority to make enquiries if it would be
unreasonable to make enquiries and sub-
section (1)(b) does not require the Authority
to make efforts if it would be unreasonable
to make efforts.
(3) If any high consequence dangerous goods,
explosives or containers used for or in
connexion with high consequence dangerous
goods or explosives that are seized and
detained by an inspector under Part II have
not been forfeited, the Authority must return
the goods, explosives or containers at the end
of—
(a) 12 months; or
s. 12
-- 13 of 30 --
Victorian Legislation Parliamentary Documents
Act No. 67/2004
Dangerous Goods Legislation (Amendment) Act 2004
13
(b) if a proceeding involving an offence for
the goods, explosives or containers is
started within 12 months, the
proceeding and any appeal from the
proceeding.
(4) Despite sub-section (3), unless the goods,
explosives or containers are forfeited, the
Authority must immediately return any
goods, explosives or containers taken as
evidence to their owners if the Authority
stops being satisfied that the continued
detention of the goods, explosives or
containers as evidence is necessary.
(5) Sub-section (4) does not apply if the owner
of the goods, explosives or containers is not
authorised to possess those goods, explosives
or containers by a licence.
47B. Court orders for forfeiture and disposal of
HCDG, explosives or containers before
conviction
(1) The Magistrates' Court may make an order
or orders and findings under this section if—
(a) an application is made in that behalf by
the Authority, an inspector or a person
authorised by the Authority; and
(b) it is proved that—
(i) a substance or article is or
contains high consequence
dangerous goods or explosives; or
(ii) a container is or has been used or
is capable of being used for or in
connexion with the import, export,
manufacture, storage, sale, supply,
use, handling, transfer, transport
or disposal of high consequence
s. 12
-- 14 of 30 --
Victorian Legislation Parliamentary Documents
Act No. 67/2004
Dangerous Goods Legislation (Amendment) Act 2004
14
dangerous goods or explosives;
and
(c) the Court is satisfied that—
(i) unless the goods are forfeited to
the Authority and either destroyed
or disposed of, there is a
reasonable likelihood that—
(A) a contravention of this Act
will occur; or
(B) the goods will be used in
connexion with an offence
against this or any other Act;
or
(ii) it is in the interests of public
safety that the goods are forfeited
to the Authority and either
destroyed or disposed of.
(2) The Court may, upon the notice being given
to those persons that the Court directs, order
that the container or the whole or any part or
parts of the high consequence dangerous
goods or explosives are forfeited to the
Authority and either destroyed or disposed of
in the manner that is provided in the order.
(3) The Court may also make a finding of fact as
to—
(a) the quantity of the high consequence
dangerous goods or explosives
produced to, or inspected by, the court,
the quantity ordered to be destroyed or
disposed of, the quantity remaining,
and the fact that what remains is part of
what was produced to, or inspected by,
the court; or
s. 12
-- 15 of 30 --
Victorian Legislation Parliamentary Documents
Act No. 67/2004
Dangerous Goods Legislation (Amendment) Act 2004
15
(b) the nature of any high consequence
dangerous goods or explosives
produced to, or inspected by, the Court;
or
(c) the nature of any container produced to,
or inspected by, the Court.
(4) The Court may also order that the quantity
remaining of the high consequence
dangerous goods or explosives be forfeited
to the Authority and either destroyed or
disposed of in the manner that is provided in
the order when no longer required for the
purpose of any subsequent proceedings.
(5) The Magistrates' Court has power to—
(a) give any directions; or
(b) authorise the Authority to give any
appropriate directions—
necessary to give effect to any order made by
it under this section.
(6) If a finding of fact is made under sub-section
(3), production in any subsequent
proceedings of an order containing the
finding of fact shall be conclusive evidence
of the matters to which the finding relates.
(7) If an order is made under this section
requiring the destruction or disposal of a
container or the whole or any part of any of
the high consequence dangerous goods or
explosives, the order may be executed before
the end of any appeal period applicable
under section 47C if a sample of the thing to
be destroyed or disposed of is taken and kept
until the end of that appeal period and the
determination of any appeal made within that
period.
s. 12
-- 16 of 30 --
Victorian Legislation Parliamentary Documents
Act No. 67/2004
Dangerous Goods Legislation (Amendment) Act 2004
16
47C. Appeal against orders under section 47B
(1) Despite anything to the contrary in any other
Act a person (including the Crown) affected
by an order made under section 47B may
appeal against the decision as if the order
were or were part of a sentence imposed on a
conviction for an offence against this Act to
which the order relates, being a sentence
which is not fixed by law and against which
an appeal may be brought.
(2) On an appeal under sub-section (1) the court
to which the appeal is made may confirm,
vary or revoke the order to which the appeal
relates.
(3) A person's right of appeal under this section
is in addition to any other right of appeal that
the person may have.
47D. Compensation
(1) This section applies if—
(a) any high consequence dangerous
goods, explosives or containers have
been forfeited to the Authority and
either destroyed or disposed of under an
order under section 47B; and
(b) after proceedings for an offence against
this Act have been instituted and
completed, the defendant is not found
guilty; and
(c) the person from whom they were seized
was, at the time they were seized,
authorised to possess those goods,
explosives or containers by a licence.
(2) The owner of the goods, explosives or
containers referred in sub-section (1) is
entitled to recover—
s. 12
-- 17 of 30 --
Victorian Legislation Parliamentary Documents
Act No. 67/2004
Dangerous Goods Legislation (Amendment) Act 2004
17
(a) the seized goods, explosives or
containers or, if they have been
destroyed, compensation equal to the
market value of the goods, explosives
or containers at the time of the seizure;
and
(b) compensation for any loss suffered by
reason of the seizure of the seized
goods, explosives or containers.".
13. Regulations
After section 52(6) of the Dangerous Goods Act
1985 insert—
"(7) The regulations must not require licences to
be obtained by a primary producer in relation
to the storage, use, handling or transfer of
dangerous goods by the primary producer
(other than explosives and high consequence
dangerous goods) being dangerous goods
which are used or intended to be used in
connexion with the business of the primary
producer and are not held by the primary
producer for the purpose of resale.".
14. New sections 55A, 55B and 55C inserted
After section 55 of the Dangerous Goods Act
1985 insert—
"55A. Orders—general provisions
(1) This section and sections 55B and 55C only
apply to an Order made by the Governor in
Council under section 9B that relates to high
consequence dangerous goods.
(2) An Order that specifies a date on which it
expires or ceases to have effect, ceases to
have effect on that day.
s. 13
-- 18 of 30 --
Victorian Legislation Parliamentary Documents
Act No. 67/2004
Dangerous Goods Legislation (Amendment) Act 2004
18
(3) The Minister must ensure that an Order is
published as soon as practicable after it is
made in—
(a) the Government Gazette; and
(b) a newspaper circulating generally
throughout the State.
(4) A power conferred by this Act to make an
Order may be exercised—
(a) by declaring dangerous goods to be
high consequence dangerous goods by
reference to—
(i) the concentration, quantity or the
form of the goods; or
(ii) a formulation, mixture or
compound of goods; or
(iii) any other state, characteristic or
quality of the goods;
(b) either in relation to all cases to which
the power extends, or in relation to all
those cases subject to specified
exceptions, or in relation to any
specified case or class of case;
(c) so as to make, as respects the cases in
relation to which the power is
exercised—
(i) the same provision for all cases in
relation to which the power is
exercised, or different provisions
for different cases or classes of
case, or different provisions for
the same case or class of case for
different purposes; or
s. 14
-- 19 of 30 --
Victorian Legislation Parliamentary Documents
Act No. 67/2004
Dangerous Goods Legislation (Amendment) Act 2004
19
(ii) any such provision either
unconditionally or subject to any
specified condition.
(5) An Order may be made—
(a) so as to apply—
(i) at all times or at a specified time;
or
(ii) to all high consequence dangerous
goods or to specified high
consequence dangerous goods or a
specified class of high
consequence dangerous goods; or
(iii) as specified in both sub-
paragraphs (i) and (ii);
(b) so as to require a matter affected by the
Order to be—
(i) in accordance with a specified
standard or specified requirement;
or
(ii) approved by or to the satisfaction
of a specified person or a specified
class of persons; or
(iii) as specified in both sub-
paragraphs (i) and (ii);
(c) so as to apply, adopt or incorporate any
matter contained in any document
issued or published by any person or
body whether—
(i) wholly or partially or as amended
by the Order; or
(ii) as issued or published at the time
the Order is made or at any time
before then;
s. 14
-- 20 of 30 --
Victorian Legislation Parliamentary Documents
Act No. 67/2004
Dangerous Goods Legislation (Amendment) Act 2004
20
(d) so as to confer a discretionary authority
or impose a duty on a specified person
or a specified class of persons;
(e) so as to provide in a specified case or
class of case for the exemption of
persons or things or a class of person or
thing from any of the provisions of the
Order, whether unconditionally or on
specified conditions and either wholly
or to such an extent as is specified.
55B. Variation and revocation of orders
(1) The Governor in Council may make an
order varying or revoking an order under
section 9B.
(2) A variation or revocation order takes effect
when notice of it is published in the
Government Gazette or on such later date as
is specified in it.
(3) As soon as practicable after making a
variation or revocation order, the Minister
must ensure that notice of the making of the
order is published in—
(a) the Government Gazette; and
(b) a newspaper circulating generally
throughout the State.
55C. Making and varying of orders about
HCDG subject to disallowance
(1) The Governor in Council's power to make an
order under section 9B in relation to high
consequence dangerous goods or a variation
order under section 55B in relation to high
consequence dangerous goods is subject to
the order being disallowed by the Parliament.
s. 14
-- 21 of 30 --
Victorian Legislation Parliamentary Documents
Act No. 67/2004
Dangerous Goods Legislation (Amendment) Act 2004
21
(2) Section 15 and Part 5 of the Subordinate
Legislation Act 1994 apply for the purposes
of sub-section (1) as though—
(a) an order were a statutory rule (within
the meaning of that Act); and
(b) notice of the making of the statutory
rule had been published in the
Government Gazette when notice of the
order or variation order (as the case
may be) was published in the
Government Gazette.".
15. Regulations about HCDG
In Schedule 2 to the Dangerous Goods Act
1985—
(a) for clause 27(a) substitute—
"(a) the manufacture, storage, sale, use, handling or
transfer of dangerous goods;";
(b) after clause 27 insert—
"27A. Without limiting any other powers to make
regulations about dangerous goods—
(a) prohibiting or regulating the import,
export, supply or disposal of high
consequence dangerous goods;
(b) prohibiting the import, export, supply or
disposal of high consequence dangerous
goods in particular circumstances, or
otherwise than in accordance with
specified conditions;
(c) requiring licences to be obtained by
persons in relation to the import, export,
supply or disposal of high consequence
dangerous goods;
(d) authorising licences to be issued with
respect to all or any activity concerning
high consequence dangerous goods
required to be licensed;
s. 15
-- 22 of 30 --
Victorian Legislation Parliamentary Documents
Act No. 67/2004
Dangerous Goods Legislation (Amendment) Act 2004
22
(e) the employment or prohibition of the
employment of persons under a specified
age in or in connexion with the import,
export, supply or disposal of high
consequence dangerous goods;
(f) requiring persons to obtain permits for
the handling of or access to high
consequence dangerous goods,
prescribing the form of application for
the permits, the fees which shall be paid
for the application for and the issue of the
permits, the transfer of permits and the
issue of duplicates of the permits, the
renewal and amendment of the permits,
the conditions, limitations and
restrictions which may be or are required
to be inserted in the permits, the periods
of time for which the permits remain in
force, exemptions from the holding of the
permits, the persons who may issue the
permits and the amendment, suspension
and revocation of the permits;
(g) requiring persons applying to obtain
permits for the handling of or access to
high consequence dangerous goods to
provide consent and sufficient
information to the Authority for the
Authority to obtain known information
within the meaning of section 21A
concerning the person to determine
whether the person is suitable to handle
or have access to high consequence
dangerous goods;
(h) any act, matter or thing in, at or on any
premises used or intended to be used for
or in connexion with the import, export,
supply or disposal of high consequence
dangerous goods;
(i) the mode of construction of any building
or structure used or intended to be used
for or in connexion with the import,
export, supply or disposal of high
consequence dangerous goods and
requiring the installation and operation of
prescribed apparatus or equipment for
s. 15
-- 23 of 30 --
Victorian Legislation Parliamentary Documents
Act No. 67/2004
Dangerous Goods Legislation (Amendment) Act 2004
23
collecting or preventing the accumulation
of dusts, vapours, fumes and gases from
high consequence dangerous goods;
(j) prescribing safety distances to separate
buildings, structures, containers,
equipment or appliances used or intended
to be used for or in connexion with the
import, export, supply or disposal of high
consequence dangerous goods from—
(i) each other;
(ii) roads, streets, paths, railway lines
and public places;
(iii) any other place or structure where
the public or the place or structure
is likely to be endangered by the
proximity of the buildings,
structures, containers, equipment
or appliances or where the place or
structure is likely to constitute a
hazard to the buildings, structures,
containers, equipment or
appliances;
(k) the training or courses to be undergone or
taken by any persons who are self-
employed or employed in or in
connexion with the export, supply or
disposal of high consequence dangerous
goods or who handle or have access to
high consequence dangerous goods, the
method of approval of the training or
courses and the qualifications and
registration required to be held by those
persons;
(l) prescribing warning notices, instructions
or information to be displayed in, on or at
any premises, vehicles, ships or boats
used for or in connexion with the import,
export, supply or disposal of high
consequence dangerous goods, the nature
and location of such notices, instructions
or information and the circumstances in
which they are to be displayed or not
displayed;
s. 15
-- 24 of 30 --
Victorian Legislation Parliamentary Documents
Act No. 67/2004
Dangerous Goods Legislation (Amendment) Act 2004
24
(m) records to be kept by specified persons in
respect of the export, supply or disposal
of high consequence dangerous goods,
the nature of such records and the
circumstances in which they are to be
kept;
(n) generally prohibiting or regulating access
to explosives or high consequence
dangerous goods on security grounds or
prohibiting or regulating access on
security grounds to premises or a place
where explosives or high consequence
dangerous goods are imported to,
exported from, manufactured, stored,
sold, supplied, used, handled or
transferred, transported or disposed of.
27B. Without limiting the powers to prescribe or
provide for or with respect to conditions,
limitations or restrictions on licences—
(a) the imposition of conditions as to
notifications to the Authority about
activities under the licence;
(b) the imposition of conditions as to records
to be kept and notified to the Authority;
(c) the imposition of limitations or
restrictions on the activities carried out
under the licence;
(d) the imposition of conditions as to
notifications by a person who holds an
HCDG licence to the Authority if the
person no longer has a lawful need for
access to high consequence dangerous
goods that are specified in the person's
licence;
(e) the imposition of a condition that a
person who holds an HCDG licence must
ensure that no person has access to high
consequence dangerous goods that the
licence relates to unless—
(i) the person is under the supervision
of another person who holds an
HCDG licence; or
s. 15
-- 25 of 30 --
Victorian Legislation Parliamentary Documents
Act No. 67/2004
Dangerous Goods Legislation (Amendment) Act 2004
25
(ii) the person holds an HCDG
licence; or
(iii) the person has a permit issued
under the regulations to have that
access.";
(c) in clause 30, for "Transfer" substitute
"Prohibit or regulate the transfer";
(d) in clause 56, after "explosives" insert "or
high consequence dangerous goods";
(e) in clause 57, after "into Victoria" (wherever
occurring) insert "or the export out of
Victoria";
(f) in clauses 57, 65, 66 and 67, after
"explosives" (wherever occurring) insert "or
high consequence dangerous goods";
(g) in clauses 65, 66 and 67, after "into Victoria"
insert "or exported out of Victoria".
16. Road transport of HCDG
In section 9(1A)(a) of the Road Transport
(Dangerous Goods) Act 1995 after "explosives"
insert "or high consequence dangerous goods".
17. Terrorism (Community Protection) Act 2003
(1) In the Terrorism (Community Protection) Act
2003—
(a) in section 1(c) after "or loss" insert "or
discrepancies in quantity";
s. 16
See:
Act No.
84/1995.
Reprint No. 2
as at
6 January
2000
and
amending
Act No.
49/2004.
LawToday:
www.dms.
dpc.vic.
gov.au
See:
Act No.
7/2003.
LawToday:
www.dms.
dpc.vic.
gov.au
-- 26 of 30 --
Victorian Legislation Parliamentary Documents
Act No. 67/2004
Dangerous Goods Legislation (Amendment) Act 2004
26
(b) in the heading to Part 4 for "OF THEFT
OR LOSS OF" substitute "ABOUT";
(c) in the heading to section 22 for "of theft or
loss of" substitute "about";
(d) in section 22—
(i) after "theft" (wherever occurring)
insert ", attempted theft";
(ii) in paragraph (b) for "loss." substitute
"loss;";
(e) after section 22(b) insert—
"(c) in the case of a chemical or substance
that is prescribed to be high
consequence dangerous goods—
(i) must also inform the Victorian
WorkCover Authority of that fact
without delay; and
(ii) if so requested by the Victorian
WorkCover Authority, must also
supply a written report to the
Authority setting out details of the
theft, attempted theft or loss.".
(2) At the end of section 22 of the Terrorism
(Community Protection) Act 2003 insert—
"(2) An occupier of any premises, on becoming
aware of any attempted theft from those
premises of a prescribed chemical or other
prescribed substance—
(a) must inform a member of the force of
that fact without delay; and
(b) if so requested by a member of the
force, must supply a written report to
that member setting out details of the
attempted theft; and
s. 17
-- 27 of 30 --
Victorian Legislation Parliamentary Documents
Act No. 67/2004
Dangerous Goods Legislation (Amendment) Act 2004
27
(c) in the case of a chemical or substance
that is prescribed to be high
consequence dangerous goods—
(i) must also inform the Victorian
WorkCover Authority of that fact
without delay; and
(ii) if so requested by the Victorian
WorkCover Authority, must also
supply a written report to the
Authority setting out details of the
attempted theft.
Penalty: In the case of a natural person,
level 10 fine (10 penalty units
maximum);
In the case of a body corporate,
120 penalty units.
(3) An occupier of any premises, on becoming
aware in relation to a prescribed chemical or
other prescribed substance stored or held at
the premises that—
(a) there is a difference between the
quantity of the chemical or substance
that was acquired by or transferred to
the occupier and the actual amount of
the chemical or substance stored on the
premises; and
(b) the amount of that difference exceeds
the prescribed amount for that chemical
or substance—
must—
(c) inform a member of the force of that
fact without delay; and
s. 17
-- 28 of 30 --
Victorian Legislation Parliamentary Documents
Act No. 67/2004
Dangerous Goods Legislation (Amendment) Act 2004
28
(d) if so requested by a member of the
force, must supply a written report to
that member setting out details of the
difference; and
(e) in the case of a chemical or substance
that is prescribed to be high
consequence dangerous goods—
(i) must also inform the Victorian
WorkCover Authority of that fact
without delay; and
(ii) if so requested by the Victorian
WorkCover Authority, must also
supply a written report to the
Authority setting out details of the
difference.
Penalty: In the case of a natural person,
level 10 fine (10 penalty units
maximum);
In the case of a body corporate,
120 penalty units.".
═══════════════
s. 17
-- 29 of 30 --
Victorian Legislation Parliamentary Documents
Act No. 67/2004
Dangerous Goods Legislation (Amendment) Act 2004
29
ENDNOTES
† Minister's second reading speech—
Legislative Assembly: 16 September 2004
Legislative Council: 7 October 2004
The long title for the Bill for this Act was "to amend the Dangerous
Goods Act 1985 and the Road Transport (Dangerous Goods) Act 1995
to regulate access to high consequence dangerous goods and make further
provision for explosives, to amend the Terrorism (Community
Protection) Act 2003 to provide for notifications about certain high
consequence dangerous goods and for other purposes."
Endnotes
-- 30 of 30 --