S. 3(1) def. of explosives licence inserted by No. 67/2004 s. 4(1)(b). explosives licence means a licence issued pursuant to section 21 in relation to explosives; Fire Authority means any permanent or volunteer fire brigade under the Metropolitan Fire Brigades Act 1958 or any permanent or volunteer brigade under the Country Fire Authority Act 1958; S. 3(1) def. of HCDG inserted by No. 67/2004 s. 4(1)(b). HCDG means high consequence dangerous goods; S. 3(1) def. of HCDG licence inserted by No. 67/2004 s. 4(1)(b). HCDG licence means a licence issued pursuant to Part 3 in relation to high consequence dangerous goods; S. 3(1) def. of high consequence dangerous goods inserted by No. 67/2004 s. 4(1)(b). 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; S. 3(1) def. of inspector amended by No. 37/1992 s. 9(2). inspector means inspector appointed under section 11; keeper, in relation to a magazine, means the owner or person in charge of the magazine; licence means a licence issued pursuant to section 21; licensed premises means any premises, vehicle, boat or magazine where dangerous goods subject to a licence are present; licensee means a person who holds a licence;
(b) exercises control at the premises under a mortgage, lease or franchise; or (c) is normally or occasionally in charge of or exercising control or supervision at the premises as a manager or employee or in any other capacity— and, in relation to licensed premises that are a vehicle or boat, includes a person who— (d) is the owner of the vehicle or boat; or (e) is in charge of the vehicle or boat; S. 3(1) def. of officer substituted by No. 44/2001 s. 3(Sch. item 29.1). officer of a body corporate has the same meaning as in section 82A of the Corporations Act except that it does not include an employee of the body corporate (other than in section 46(3)); officer or member, in relation to a fire authority, includes a person who is employed by or is an officer of the Metropolitan Fire Brigades Board under the Metropolitan Fire Brigades Act 1958 or the Country Fire Authority under the Country Fire Authority Act 1958; S. 3(1) def. of owner inserted by No. 82/1995 s. 190. owner in relation to a ship, includes a person who is the charterer of the ship or has possession of the ship; owner, in relation to a vehicle or boat, includes a person— (a) who is the sole owner, joint owner or part owner of the vehicle or boat; (b) who has the possession and use of the vehicle or boat under or subject— (i) to a hire-purchase agreement, bill of sale or like instrument; or
ship means any vessel used in sea navigation but does not include any barge, lighter or like vessel; S. 3(1) def. of statutory rule repealed by No. 48/2017 s. 7. * * * * * S. 3(1) def. of this Act amended by No. 48/1989 s. 16(2). this Act includes— (a) the regulations; and (b) the register under section 54; and (c) Orders under section 55; transfer means any process which involves— (a) the filling, loading, pumping or pouring of dangerous goods into a container; or (b) the discharging, unloading, pumping or pouring of dangerous goods from a container; S. 3(1) def. of Transport Code repealed by No. 84/2000 s. 41(1)(d). * * * * * S. 3(1) def. of transport inserted by No. 66/2008 s. 4(1)(a). transport documentation means documentation relating to the transport of dangerous goods required by regulations made under this Act; S. 3(1) def. of Tribunal inserted by No. 52/1998 s. 311(Sch. 1 item 20.1). Tribunal means Victorian Civil and Administrative Tribunal established by the Victorian Civil and Administrative Tribunal Act 1998;
under the Country Fire Authority Act 1958); or (c) to any office holder, officer or employee of a municipal council— if it is satisfied that that person is capable of exercising the powers or performing the functions to be delegated. (6) An instrument of delegation made under this section must specify when, where and in what circumstances the delegation may be exercised. Note Section 42A(1)(b) of the Interpretation of Legislation Act 1984 provides that a person delegating a power or function may specify conditions or limitations on the exercise of the power or function by the delegate. S. 10C inserted by No. 66/2008 s. 9, amended by No. 60/2014 s. 140(Sch. 3 item 11). 10C Provision of information to corresponding Authority Subject to the Privacy and Data Protection Act 2014, the Authority may provide information to a corresponding Authority about— (a) any action taken by the Authority under this Act; or (b) any information obtained under this Act, including any information contained in any records, devices or other things inspected or seized under this Act. S. 10D inserted by No. 66/2008 s. 9. 10D Restrictions on disclosure of information (1) This section applies to a person who is or has been— (a) a member of the Authority's Board of Management; or (b) appointed for the purpose of this Act by the Authority; or
(3) The report must include the following matters in respect of each request— (a) the name of the person sought to be approved; (b) the reason for the request; (c) the date of the request; (d) whether the request was approved or refused. Pt 2 (Heading) substituted by No. 31/2005 s. 8. Pt 2 Div. 1 (Heading) inserted by No. 31/2005 s. 9. Division 1—Appointment of inspectors S. 11 amended by Nos 37/1992 s. 9(1), 13/1996 s. 14, 26/2000 s. 30(2), 108/2004 s. 117(1) (Sch. 3 item 53.1), substituted by No. 31/2005 s. 9. 11 Appointment of inspectors (1) The Authority may, by instrument in writing, appoint an officer or employee of the Authority to be an inspector for the purposes of this Act. (2) The Authority may also, by instrument in writing, appoint any person who is employed in the Department of Primary Industries under the Public Administration Act 2004 to be an inspector for the purposes of one or more matters relating to the manufacture, supply, sale, transfer, transport, storage, handling, use or disposal of dangerous goods with respect to activities—
(b) when, where and in what circumstances that person may exercise those powers. S. 11B inserted by No. 31/2005 s. 9. 11B Identity cards (1) The Authority must issue an identity card to each inspector containing a photograph of the inspector and his or her signature. (2) An inspector must produce his or her identity card for inspection if asked to do so when performing a function or exercising a power under this Act. (3) If a person to whom an identity card has been issued ceases to be an inspector, the person must return the identity card to the Authority as soon as is practicable. Pt 2 Div. 2 (Heading) inserted by No. 31/2005 s. 9. Division 2—Performance of functions or exercise of powers S. 12 substituted by No. 31/2005 s. 9. 12 Inspectors subject to Authority's directions (1) An inspector is subject to the Authority's directions in the performance of his or her functions or in the exercise of his or her powers under this Act. (2) A direction under subsection (1) may be of a general nature or may relate to a specified matter or to a specified class of matter. S. 12A inserted by No. 31/2005 s. 9 12A Authority has the powers etc. of an inspector The Authority has all the functions and powers that an inspector has under this Act. Pt 2 Div. 3 (Heading) inserted by No. 31/2005 s. 9. Division 3—Powers relating to entry and to inspection of vehicles
occupier, whether before or after the expiry of the previous notice, each of which must comply with subsection (2). (4) A person who, without reasonable excuse, fails to comply with a non-disturbance notice issued to the person is guilty of an indictable offence and is liable to a fine not exceeding— (a) in the case of a natural person, 500 penalty units; or (b) in the case of a body corporate, 2500 penalty units. Note to s. 17B(4) amended by No. 68/2009 s. 97(Sch. item 44.1). Note However, the offence may be heard and determined summarily (see section 28 of the Criminal Procedure Act 2009). S. 17C inserted by No. 78/1995 s. 6, substituted by Nos 52/1998 s. 311(Sch. 1 item 20.5), 31/2005 s. 12. 17C Power to issue improvement notice (1) If an inspector reasonably believes that a person— (a) is contravening a provision of this Act; or (b) has contravened such a provision in circumstances that make it likely that the contravention will continue or be repeated— the inspector may issue to the person an improvement notice requiring the person to remedy the contravention or likely contravention, or the matters or activities causing the contravention or likely contravention. (2) An improvement notice must— (a) state the basis for the inspector's belief on which the issue of the notice is based; and
S. 18B inserted by No. 31/2005 s. 12. 18B Powers extend to HCDG and explosives Without limiting an inspector's powers in relation to dangerous goods generally, an inspector's powers under this Part extend and apply to, and in relation to, the import, export and disposal of high consequence dangerous goods and the export of explosives. Pt 2 Div. 10 (Heading) inserted by No. 31/2005 s. 12. Division 10—Other matters S. 19 substituted by No. 31/2005 s. 12. 19 People who must assist inspector The following persons must not, without reasonable excuse, refuse or fail to provide such assistance as an inspector may reasonably require for the performance of his or her functions, or the exercise of his or her powers, under this Act— (a) in relation to a building or land, an occupier or apparent occupier of the building or land; (b) in relation to any other place, the person who has the management or control of the place for the time being. 60 penalty units for a natural person; 300 penalty units for a body corporate. S. 19A inserted by No. 31/2005 s. 12. 19A Other assistance in exercising powers (1) For the purpose of exercising a power under this Act, an inspector may seek the assistance of any person.
Item Provision under which reviewable decision is made Reviewable decision Eligible person 1. Section 16A(2) To impose terms and conditions on the return of a seized thing (1) The owner of the seized thing. (2) A person who has an interest in the seized thing. (3) Any other person whose interests are affected by the decision. 2. Section 16B(1) To decide that a seized thing is forfeit (1) A person to whom a notice of forfeiture is issued under section 16B(2). (2) A person who has an interest in the seized thing. (3) Any other person whose interests are affected by the decision. 3. Section 17A(5) To confirm a provisional direction (1) The person to whom the direction is issued. (2) Any other person whose interests are affected by the decision.
4. Section 17B(1) To issue a notice (1) The person to whom the notice is issued. (2) Any other person whose interests are affected by the decision. Item Provision under which reviewable decision is made Reviewable decision Eligible person 5. Section 17C(1) To issue an improvement notice (1) The person to whom the notice is issued. (2) Any other person whose interests are affected by the decision. 6. Section 17C(3)(a) To certify that matters that are the subject of an improvement notice have been remedied (1) The person to whom the notice was issued. (2) Any other person whose interests are affected by the decision. 7. Section 17D(1) To issue a prohibition notice (1) The person to whom the notice is issued. (2) Any other person whose interests are affected by the decision. 8. Section 17D(1) To certify that matters that are the subject of a prohibition notice have been remedied (1) The person to whom the notice was issued. (2) Any other person whose interests are affected by the decision.
of persons and property or to ensure compliance with this Act. S. 23(2) amended by No. 13/1996 s. 22(i). (2) A person who contravenes or fails to comply with a condition, limitation or restriction inserted in a licence by the Authority pursuant to subsection (1) is guilty of an offence. S. 23(3) amended by No. 13/1996 s. 22(i), substituted by No. 52/1998 s. 311(Sch. 1 item 20.8). (3) A person whose interests are affected by a decision of the Authority inserting in a licence a condition, limitation or restriction (other than a prescribed condition, limitation or restriction) may apply to the Tribunal for review of the decision. S. 23(4) amended by Nos 48/1989 s. 17, 13/1996 s. 22(i), 52/1998 s. 311(Sch. 1 item 20.9). (4) An application for review of a decision of the Authority may be made to the Tribunal at any time within the period of 14 days of receiving the licence. S. 23(5) inserted by No. 66/2008 s. 16. (5) Subsections (3) and (4) do not apply in relation to a decision of the Authority under the regulations which is prescribed by the regulations to be a reviewable decision. 24 Authority may amend, suspend or revoke licences S. 24(1) amended by No. 13/1996 s. 22(j). (1) The Authority may amend, suspend or revoke any licence. S. 24(1A) inserted by No. 66/2008 s. 17. (1A) Without limiting the power of the Authority under subsection (1), the regulations may prescribe grounds on which the Authority may, or must, amend, suspend or revoke a licence. S. 24(2) amended by No. 13/1996 s. 22(j). (2) Where a document evidencing a licence has been issued by the Authority and that licence is amended, suspended or revoked, the licensee shall surrender the document to an inspector on demand.
by the licence to be present at the licensed premises. 30 Manifests (1) The occupier of licensed premises or an occupier of premises of a prescribed class shall maintain at the licensed or prescribed class of premises a manifest in such form and in such locations as may be prescribed. S. 30(2) amended by No. 78/1995 s. 9(c). (2) A person who keeps a manifest which is false or misleading in any particular is guilty of an offence. 31 Persons required to take precautions S. 31(1) amended by No. 66/2008 s. 19(2). (1) An occupier or person in charge of premises where dangerous goods are manufactured, stored or sold, an owner or person in charge of a vehicle or boat used to transport dangerous goods and a person who uses, handles or transfers dangerous goods— S. 31(1)(a) amended by No. 66/2008 s. 19(1). (a) must take all reasonable precautions for the prevention of— (i) tampering, theft or unauthorized access; (ii) any fire or explosion; (iii) any leakage; or (iv) any damage to property or danger to the public incurred by an accident— involving dangerous goods in the ownership, control or possession of that person; and
(d) in the case of a body corporate, 2500 penalty units. S. 31(5) repealed by No. 78/1995 s. 9(a), new s. 31(5) inserted by No. 66/2008 s. 19(7). (5) An offence against subsection (1), (2) or (4) is an indictable offence. Note to s. 31(5) amended by No. 68/2009 s. 97(Sch. item 44.7). Note However, the offence may be heard and determined summarily (see section 28 of the Criminal Procedure Act 2009). S. 31A inserted by No. 66/2008 s. 20. 31A Goods too dangerous to be transported (1) A person must not consign goods for transport if the goods are classified by the regulations as goods too dangerous to be transported. If the failure results in death or serious injury to a person— (a) in the case of an individual, 500 penalty units or imprisonment for 2 years; or (b) in the case of a body corporate, 2500 penalty units. In any other case— (c) in the case of an individual, 500 penalty units; or (d) in the case of a body corporate, 2500 penalty units.
Note to s. 31C(3) amended by No. 68/2009 s. 97(Sch. item 44.10). Note However, the offence may be heard and determined summarily (see section 28 of the Criminal Procedure Act 2009). 32 Accidents to be reported S. 32(1) amended by Nos 48/1989 s. 12, 82/1995 s. 192(2)(e). (1) A licensee or a prescribed person or master of a ship shall without delay report— (a) to the nearest fire authority; or (b) to a police station— any fire, explosion, spillage, leakage or escape involving dangerous goods in the ownership, possession or control of that licensee or person or master of a ship. (2) This section does not apply to an accident involving— (a) prescribed dangerous goods; or (b) prescribed quantities of dangerous goods. S. 32(3) amended by No. 82/1995 s. 192(1)(2)(f). (3) The occupier of premises where a fire or explosion involving dangerous goods has occurred or the owner or master or person in charge of a vehicle, ship or boat on or in which a fire or explosion involving dangerous goods has occurred shall take all reasonable action to ensure that no person shall disturb, move or remove any wreckage or debris resulting from the explosion or fire except with the permission and in accordance with any directions of an inspector. (4) Nothing in subsection (3) shall prohibit a person from disturbing, moving or removing any wreckage or debris— (a) to rescue an injured person; (b) to recover the body of a person;
This section re-enacts section 18 of the Act as it was before the commencement of section 12 of the Dangerous Goods and Equipment (Public Safety) Acts (Amendment) Act 2005. S. 33B inserted by No. 31/2005 s. 13. 33B Approval of equipment etc. for sale A person who sells prescribed equipment or appliances or any other prescribed items used or intended to be used for or in connection with dangerous goods is guilty of an offence unless the Authority has approved the equipment, appliances or items for that purpose. Note This section re-enacts section 15 of the Act as it was before the commencement of section 9 of the Dangerous Goods and Equipment (Public Safety) Acts (Amendment) Act 2005. 34 Governor in Council may appoint public magazines The Governor in Council— (a) may appoint public magazines for the storage of explosives; and S. 34(b) amended by Nos 46/1998 s. 7(Sch. 1), 108/2004 s. 117(1) (Sch. 3 item 53.2). (b) subject to the Public Administration Act 2004, may appoint a keeper for any public magazine. S. 35 repealed by No. 82/1995 s. 192(2)(h). * * * * * 36 Trespassers etc. in relation to explosives
S. 73 inserted by No. 66/2008 s. 27. 73 Notice of prohibition A notice published in accordance with section 9AA of the Road Transport (Dangerous Goods) Act 1995 in force immediately before the commencement day remains in force after the commencement day as if the notice were a notice made under the regulations. S. 74 inserted by No. 66/2008 s. 27. 74 References to Road Transport (Dangerous Goods) Act 1995 As from the commencement day, any reference in any Act, regulation, local law, subordinate instrument or other document to the Road Transport (Dangerous Goods) Act 1995 is to be construed as a reference to the Dangerous Goods Act 1985. Sch. 1 amended by No. 78/1995 s. 9(d), repealed by No. 31/2005 s. 5. * * * * * Section 52(1) 1 The classification of dangerous goods. Sch. 2 cl. 2 substituted by No. 82/2001 s. 33.