Document ID: chunk:federal_register_of_legislation:F2016C00656:clause:1_4l:p1
Version: federal_register_of_legislation:F2016C00656
Segment Type: clause
Provision Reference: sch 1 cl 4L (pt 1/43)
Character Range: 22754–25571

4L  Notes
 (1) Notes that are at the foot of a provision are part of this Act and the regulations.
 (2) Marginal notes, footnotes at the bottom of a page and endnotes are not part of this Act or the regulations.".

10.  Changes to subordinate law‑making powers
 (1) For sections 8(2)(a) – (c) substitute –
 "(a) identifying and classifying goods as dangerous goods, and the identification and classification of dangerous goods;
 (b) identifying, classifying and regulating goods that are too dangerous to be transported (including prohibiting the transport of such goods);
 (c) the making of determinations by the Competent Authority for the purposes of the {subordinate law} in relation to:
 (i) the identification and classification of goods as dangerous goods;
 (ii) the identification and classification of dangerous goods;
 (iii) the specification of what is, and what is not, compatible with dangerous goods for transport purposes;
 (iv) prohibiting or regulating the transport of dangerous goods by road or rail;
 (v) regulating the containment of dangerous goods that are being, or that are to be, transported by road or rail;".
 (2) In section 8(2)(f) –
 (a) omit "and overpacks";
 (b) for "containers and vehicles in or on" substitute "vehicles and packaging on or in".
 (3) In section 8(2)(m)(ii), for "responsible for" substitute "involved in".
 (4) For section 8(2)(p) substitute –
 "(p) the approval by the Competent Authority of:
 (i) vehicles, packaging, equipment and other items used in relation to the transport of dangerous goods; and
 (ii) facilities for, and methods of, testing or using vehicles, packaging, equipment and other items used in relation to the transport of dangerous goods; and
 (iii) processes carried out in relation to the transport of dangerous goods;".
 (5) For section 8(2)(w) substitute –
 "(w) the recognition of a body, consisting of the Competent Authority and other equivalent bodies in other jurisdictions, that is to make decisions, and to provide oversight on decisions made, under this Act or the regulations for the purposes of national uniformity, and other matters in relation to such a body, including the recognition of decisions made by such a body;".
 (6) After section 8(2)(y) insert –
 "(z) requiring a person involved in the transport of dangerous goods to hold insurance, or some other form of indemnity, in relation to that transport.".

11.  Additional power in relation to making subordinate laws
  After section 8(4) insert –
 "(4A) The {subordinate law}:
 (a) may require a matter affected by the {subordinate law} to be approved by or to the satisfaction of a specified person or body, or a specified class of person or body;
 (b) may confer a discretionary authority, or impose a duty, on a specified person or body, or a specified class of person