agreement, except an agreement requiring the vehicle to be registered in the name of someone else. 19 Meaning of consigns and consignor (1) A person consigns dangerous or other goods for transport, and is the consignor of the goods, if— person is named or otherwise identified in transport documentation, with the person's authority, as the consignor of the goods; or no person is so named or identified, the person to whom subregulation (2) or (3) applies. (2) This subregulation applies to— person who engages a prime contractor or rail operator, either directly or through an agent or other intermediary, to transport the goods; or paragraph (a) does not apply to anyone, the person who has possession of, or control over, the goods immediately before the goods are transported; or neither paragraph (a) nor (b) applies to anyone, the person who a vehicle with the goods, for transport, at a place— the dangerous goods are awaiting collection; and
18 penalty units for a natural person; 90 penalty units for a body corporate. (3) If dangerous goods leak, spill or accidentally escape during a bulk transfer, the person transferring the goods— immediately stop transferring the and take all practicable steps to avert, eliminate or minimise risk; and not start transferring the goods again until the conditions causing the leak, spill or escape have been rectified. 18 penalty units for a natural person; 90 penalty units for a body corporate. 120 Occupiers (1) The occupier of premises where the bulk transfer of dangerous goods occurs must ensure that any hose assembly on the premises that is used, or that is intended to be used, for the transfer (other than a hose assembly brought on to the premises on the vehicle involved in the transfer)— Reg. 120(1)(a) amended by S.R. No. 91/2015 reg. 67(a).
provision of the law in force in another participating jurisdiction corresponding to a provision mentioned in paragraph (a). (4) In subregulation (2)— relevant change means a change to something that the Authority considered in deciding whether to make the determination or give the approval. 181 Grounds for amending administrative determinations and approvals Reg. 181(1) amended by S.R. No. 91/2015 reg. 89(1). (1) An administrative determination or approval may be amended if the application for the determination or approval— not comply with these Regulations; or false or misleading in a material respect. Reg. 181(2) amended by S.R. No. 91/2015 reg. 89(2). (2) An administrative determination or approval may be amended if— relevant change has happened since the determination was made or the approval was given; and the change had happened earlier— Reg. 181 (2)(b)(i) amended by S.R. No. 91/2015 reg. 89(2).
determination would have been made in the way in which it is proposed to be amended; or Reg. 181 (2)(b)(ii) amended by S.R. No. 91/2015 reg. 89(2). (ii) the approval have been given in the way in which it is proposed to be amended. Reg. 181(3) amended by S.R. No. 91/2015 reg. 89(3). (3) An administrative determination or approval may be amended if the person on whose application the determination was made, or to whom the approval was given, is unsuitable to continue to be a person to whom the determination applies, or the approval was given, without amendment because the person has contravened— provision of the Act or Regulations; or provision of the law in force in another participating jurisdiction corresponding to a provision mentioned in paragraph (a). Reg. 181(3A) inserted by S.R. No. 91/2015 reg. 89(4). (3A) In the case of an administrative determination or approval that applies to more than one person, the Authority may the determination or approval by removing the name of a person who is unsuitable to be a person to whom the determination or approval applies, including the
person who applied for the determination or approval. (4) In subregulation (2)— relevant change means a change to something that the Authority considered in deciding whether to make the determination or give the approval. Pt 17 Div. 1A (Heading and reg. 181A) inserted by S.R. No. 91/2015 reg. 90. Division 1A—Reference of determinations to CAP 181A References to CAP (1) The Authority must refer an application for a determination, or a determination it has made, to CAP if the Authority considers that the determination should have effect in other participating jurisdictions in addition to Victoria. (2) The Authority must refer to CAP a determination having effect in Victoria and one or more other participating jurisdictions if— Authority considers that the determination should be revoked or amended; or corresponding Authority recommends to the Authority in writing that the determination should be revoked or amended. (3) The Authority must have regard to CAP's decision.
tank is an approved tank; and vehicle complies with the requirements of Chapters 4.4 and 6.9 of the ADG Code applying to road vehicles for use in transporting dangerous goods in the form of a liquid or gas. (3) The licensing authority must not issue the licence if— applicant is subject to a court order, issued in any jurisdiction, prohibiting the applicant from involvement in the transport of dangerous goods by road; or licensing authority is not satisfied as to the identity of the applicant; or licensing authority is satisfied— the application was false or misleading in a material respect; or (ii) that the applicant has failed to disclose to the authority any significant information that should have been disclosed to the authority. (4) The licensing authority may issue or renew a single dangerous goods vehicle licence for more than one road vehicle. Note
(1) The licensing authority may a replacement licence to a licensee if— licence is renewed; or licence is amended; or period of suspension of the licence ends or a suspension is withdrawn. Reg. 219(2) substituted by S.R. No. 2/2017 reg. 17(2). (2) The licensing authority must issue a replacement licence to a licensee if the authority is satisfied that the licence has been defaced, destroyed, lost or stolen. 220 Surrender of licences (1) A licensee may surrender his or her licence by giving notice of surrender to the licensing authority and returning the licence to the authority. (2) A licence ceases to have effect on its surrender. 221 Registers of licences (1) The licensing authority must keep a register of dangerous goods driver licences. (2) The licensing authority must keep a register of dangerous goods vehicle licences. (3) A register may have separate divisions for different of licences.
• Other material Any explanatory memorandum, of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E). 2 Table of Amendments This publication incorporates amendments made to the Dangerous Goods (Transport by Road or Rail) Regulations 2008 by statutory rules, subordinate instruments and Acts. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Dangerous Goods (Explosives) Regulations 2011, S.R. No. 37/2011 Date of Making: 21.6.11 Date of Commencement: Reg. 239 on 26.6.11: reg. 3 Dangerous Goods (Explosives) and (Transport by Road or Rail) Amendment Regulations 2013, S.R. No. 125/2013 Date of Making: 15.10.13 Date of Commencement: Regs 6, 7 on 10.2.14: reg. 3(2) Dangerous (Transport by Road or Rail) Amendment Regulations 2015, S.R. No. 91/2015 Date of Making: 28.7.15 Date of Commencement: Regs 5–102 on 1.9.15: reg. 3 Dangerous (Transport by Road or Rail) Further Amendment Regulations 2015, S.R. No 156/2015 Date of Making: 15.12.15 Date of Commencement: 1.1.16: reg. 3 Dangerous (Transport by Road or Rail) and (Explosives) Amendment Regulations 2017, S.R. No. 2/2017 Date of Making: 21.2.17 Date of Commencement: Regs 5–19 on 1.3.17: reg. 3 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 3 Amendments Not in Operation There are no amendments which were Not in Operation at the date of this publication.