Dangerous Goods (Road and Rail Transport) Amendment Regulations 2009
I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Dangerous Goods (Safe Transport) Act 1998 .
15 June 2009PETER G. UNDERWOOD
Governor
By His Excellency's Command,
LISA M. SINGH
Minister for Workplace Relations
These regulations may be cited as the Dangerous Goods (Road and Rail Transport) Amendment Regulations 2009 .
These regulations take effect immediately after the Dangerous Goods Amendment Act 2005 commences.
In these regulations, the Dangerous Goods (Road and Rail Transport) Regulations 1998 are referred to as the Principal Regulations.
4. Regulation 13 amended (Approval and use of forms [1.16])
Regulation 13(1) of the Principal Regulations is amended by omitting "A Competent Authority" and substituting "The Secretary".
5. Regulation 15 amended (Determinations: dangerous goods [1.18])
Regulation 15 of the Principal Regulations is amended by omitting "A Competent Authority" and substituting "The Secretary".
6. Regulation 18 amended (Register of determinations [1.21])
Regulation 18 of the Principal Regulations is amended as follows:(a) by omitting from subregulation (1) "A Competent Authority" and substituting "The Secretary";(b) by omitting from subregulation (3) "Competent Authority" first occurring and substituting "Secretary";(c) by omitting from subregulation (4) "Competent Authority" and substituting "Secretary".
7. Regulation 20 amended (References to Panel [1.23])
Regulation 20 of the Principal Regulations is amended as follows:(a) by omitting from subregulation (2) "A Competent Authority" and substituting "The Secretary";(b) by omitting from subregulation (2) "Authority" second occurring and substituting "Secretary";(c) by omitting from subregulation (3) "A Competent Authority" and substituting "The Secretary";(d) by omitting from subregulation (3)(a) "Authority" and substituting "Secretary";(e) by omitting from subregulation (3)(b) "Authority" second occurring and substituting "Secretary".
8. Regulation 21 amended (Effect of Panel decisions about draft determinations [1.24])
Regulation 21(2) of the Principal Regulations is amended by omitting "A Competent Authority" and substituting "The Secretary".
9. Regulation 22 amended (Effect of Panel decisions about revoking or varying determinations [1.25])
Regulation 22 of the Principal Regulations is amended as follows:(a) by omitting from subregulation (1)(b)(ii) "Authority" and substituting "Secretary";(b) by omitting from subregulation (2) "A Competent Authority" and substituting "The Secretary".
10. Regulation 28 amended (Secretary and authorised officers to act as soon as practicable [1.31])
Regulation 28 of the Principal Regulations is amended as follows:(a) by omitting from paragraph (a) "a Competent Authority" and substituting "the Secretary";(b) by omitting "Authority or officer" and substituting "Secretary or authorised officer".
11. Regulation 29 rescinded
Regulation 29 of the Principal Regulations is rescinded.
12. Regulation 59 amended (Approvals [3.8])
Regulation 59(1) of the Principal Regulations is amended as follows:(a) by omitting "A Competent Authority" and substituting "The Secretary";(b) by omitting from paragraph (b) "Authority" and substituting "Secretary".
13. Regulation 61 amended (Test certificates [3.10])
Regulation 61(3)(a) of the Principal Regulations is amended by omitting "a Competent Authority" and substituting "the Secretary".
14. Part 3, Division 3: Heading amended
Division 3 of Part 3 of the Principal Regulations is amended by omitting "Competent Authority's" from the heading to that Division and substituting "Secretary's".
15. Regulation 62 amended (Requiring production of packaging for testing [3.11])
Regulation 62 of the Principal Regulations is amended as follows:(a) by omitting from subregulation (2) "A Competent Authority" and substituting "The Secretary";(b) by omitting from subregulation (3) "Competent Authority" and substituting "Secretary".
16. Regulation 63 amended (Requiring evidence of performance tests [3.12])
Regulation 63 of the Principal Regulations is amended as follows:(a) by omitting from subregulation (2) "A Competent Authority" and substituting "The Secretary";(b) by omitting from subregulation (3) "Competent Authority" and substituting "Secretary".
17. Regulation 88 amended (Approvals: tank designs [4.25])
Regulation 88(1) of the Principal Regulations is amended as follows:(a) by omitting "A Competent Authority" and substituting "The Secretary";(b) by omitting from paragraph (b) "Authority" and substituting "Secretary".
18. Regulation 89 amended (Approvals: IBC designs [4.26])
Regulation 89(1) of the Principal Regulations is amended as follows:(a) by omitting "A Competent Authority" and substituting "The Secretary";(b) by omitting "Authority" second occurring and substituting "Secretary".
19. Regulation 90 amended (Determinations: foreign approved tanks and IBCs [4.27])
Regulation 90 of the Principal Regulations is amended as follows:(a) by omitting from subregulation (1) "A Competent Authority" and substituting "The Secretary";(b) by omitting from subregulation (2) "A Competent Authority" and substituting "The Secretary".
20. Regulation 95 amended (Consignor's duty [6.1])
Regulation 95(b) of the Principal Regulations is amended by omitting "a Competent Authority's" and substituting "the Secretary's".
21. Regulation 96 amended (Loader's duty [6.2])
Regulation 96(b) of the Principal Regulations is amended by omitting "a Competent Authority's" and substituting "the Secretary's".
22. Regulation 99 amended (Approvals: unit loads [6.5])
Regulation 99(1) of the Principal Regulations is amended as follows:(a) by omitting "A Competent Authority" and substituting "The Secretary";(b) by omitting "Authority" second occurring and substituting "Secretary".
23. Regulation 119 amended (Requiring evidence of insurance, &c. [8.7])
Regulation 119 of the Principal Regulations is amended as follows:(a) by omitting from subregulation (2) "A Competent Authority" and substituting "The Secretary";(b) by omitting from subregulation (3) "Competent Authority" and substituting "Secretary".
24. Regulation 128 amended (Approvals: segregation [9.8])
Regulation 128(1) of the Principal Regulations is amended as follows:(a) by omitting "A Competent Authority" and substituting "The Secretary";(b) by omitting "Authority" second occurring and substituting "Secretary".
25. Regulation 134 amended (Approvals: separation and marshalling)
Regulation 134(1) of the Principal Regulations is amended as follows:(a) by omitting "A Competent Authority" and substituting "The Secretary";(b) by omitting "Authority" second occurring and substituting "Secretary".
26. Regulation 144 amended (Approvals: transfers of dangerous goods [10.9])
Regulation 144(1) of the Principal Regulations is amended as follows:(a) by omitting "A Competent Authority" and substituting "The Secretary";(b) by omitting "Authority" second occurring and substituting "Secretary".
27. Part 10A inserted
After regulation 144 of the Principal Regulations , the following Part is inserted:PART 10A - Sea transport144A. Transport of dangerous goods by sea
A person must not transport dangerous goods by sea except in accordance with –(a) the IMDG Code; and(b) Marine Orders, Part 41 (Carriage of dangerous goods) in force under the Navigation Act 1912 of the Commonwealth.Penalty: Fine not exceeding 15 penalty units.144B. Handling of dangerous goods in ports
(1) In this regulation –AAPMA Rules means the Rules for the Safe Transport, Handling and Storage of Dangerous Substances and Oils in Port Areas, as amended to December 1988, published by the Association of Australian Port and Marine Authorities;port operator means a port operator within the meaning of the Marine and Safety Authority Act 1997 .(2) A person must not handle dangerous goods in a port except in accordance with the AAPMA Rules or a code, standard, guideline or rule that has been approved by the Secretary and notified in writing to the port operator responsible for the port.Penalty: Fine not exceeding 15 penalty units.(3) It is a defence in proceedings for an offence under subregulation (2) if the defendant establishes that, at the relevant time, the defendant was conforming to a documented system of work that provides a level of safety at least equal to that provided by the AAPMA Rules or the approved code, standard, guideline or rule.
28. Regulation 153 amended (Approvals: emergency information [11.9])
Regulation 153 of the Principal Regulations is amended as follows:(a) by omitting "A Competent Authority" and substituting "The Secretary";(b) by omitting "Authority's" and substituting "Secretary's";(c) by omitting "Authority" second occurring and substituting "Secretary".
29. Regulation 168 amended (Determinations: routes, areas, vehicles and times [13.7])
Regulation 168 of the Principal Regulations is amended by omitting "A Competent Authority" and substituting "The Secretary".
30. Regulation 173 amended (Prime contractor's duty: contaminated food and food packaging [14.2])
Regulation 173 of the Principal Regulations is amended as follows:(a) by omitting from subregulation (2) "Competent Authority" and substituting "Secretary";(b) by omitting from subregulation (3) "a Competent Authority" and substituting "the Secretary";(c) by omitting from subregulation (4)(e) "Competent Authority" and substituting "Secretary".
31. Regulation 174 amended (Prime contractors and drivers to inform Secretary [14.3])
Regulation 174 of the Principal Regulations is amended as follows:(a) by omitting from subregulation (3) "a Competent Authority" and substituting "the Secretary";(b) by omitting from subregulation (4) "same Competent Authority" and substituting "Secretary".
32. Regulation 176 amended (Emergency plans [14.5])
Regulation 176(1) of the Principal Regulations is amended by omitting "a Competent Authority" from the definition of emergency plan and substituting "the Secretary".
33. Regulation 182 amended (Inspection of registers [15.3])
Regulation 182 of the Principal Regulations is amended as follows:(a) by omitting from subregulation (1) "A Competent Authority" and substituting "The Secretary";(b) by omitting from subregulation (2) "A Competent Authority" and substituting "The Secretary".
34. Part 15, Division 2: Heading amended
Division 2 of Part 15 of the Principal Regulations is amended by omitting "Competent Authority" from the heading to that Division and substituting "Secretary".
35. Regulation 183 amended (Recommendations by Secretary [15.7])
Regulation 183 of the Principal Regulations is amended as follows:(a) by omitting from subregulation (1) "a Competent Authority" and substituting "the Secretary";(b) by omitting from subregulation (2) "Competent Authority" first occurring and substituting "Secretary";(c) by omitting from subregulation (3) "Competent Authority" first occurring and substituting "Secretary".
36. Regulation 184 amended (Recommendations by corresponding Competent Authorities [15.8])
Regulation 184 of the Principal Regulations is amended as follows:(a) by omitting from subregulation (1) "Competent Authority that the Authority" and substituting "Secretary that the Secretary";(b) by omitting from subregulation (2) "Competent Authority" and substituting "Secretary".
37. Regulation 185 amended (Corresponding determinations [15.9])
Regulation 185(2) of the Principal Regulations is amended by omitting "a Competent Authority" and substituting "the Secretary".
38. Regulation 186 amended (Corresponding exemptions [15.10])
Regulation 186(2) of the Principal Regulations is amended by omitting "Competent Authority" and substituting "Secretary".
39. Regulation 187 amended (Corresponding approvals [15.11])
Regulation 187(2) of the Principal Regulations is amended by omitting "a Competent Authority" and substituting "the Secretary".
40. Regulation 188 amended (Corresponding licences [15.12])
Regulation 188(2) of the Principal Regulations is amended by omitting "a Competent Authority" and substituting "the Secretary".
41. Regulation 189 amended (Applications for exemptions [16.1])
Regulation 189 of the Principal Regulations is amended as follows:(a) by omitting from subregulation (1)(a) "a Competent Authority" and substituting "the Secretary";(b) by omitting from subregulation (2) "Competent Authority" and substituting "Secretary";(c) by omitting from subregulation (2) "Authority" second occurring and substituting "Secretary".
42. Regulation 190 amended (Register of exemptions [16.2])
Regulation 190 of the Principal Regulations is amended as follows:(a) by omitting from subregulation (1) "A Competent Authority" and substituting "The Secretary";(b) by omitting from subregulation (3) "Competent Authority" first occurring and substituting "Secretary";(c) by omitting from subregulation (3)(a) "it grants" and substituting "granted";(d) by omitting from subregulation (4) "Competent Authority" and substituting "Secretary";(e) by omitting from subregulation (4)(a) "it has" and substituting "has been".
43. Regulation 192 amended (References to Panel [16.4])
Regulation 192 of the Principal Regulations is amended as follows:(a) by omitting from subregulation (1) "A Competent Authority" and substituting "The Secretary";(b) by omitting from subregulation (1) "Authority" second occurring and substituting "Secretary";(c) by omitting from subregulation (2) "A Competent Authority" and substituting "The Secretary";(d) by omitting from subregulation (2)(a) "Authority" and substituting "Secretary";(e) by omitting from subregulation (2)(b) "Authority" second occurring and substituting "Secretary".
44. Regulation 193 amended (Effect of Panel decisions about applications [16.5])
Regulation 193(2) of the Principal Regulations is amended by omitting "Competent Authority" and substituting "Secretary".
45. Regulation 194 amended (Effect of Panel decisions about cancelling or varying exemptions [16.6])
Regulation 194 of the Principal Regulations is amended as follows:(a) by omitting from subregulation (1)(b)(ii) "Authority" and substituting "Secretary";(b) by omitting from subregulation (2) "Competent Authority" and substituting "Secretary".
46. Regulation 195 amended (Applications [17.1])
Regulation 195 of the Principal Regulations is amended as follows:(a) by omitting from subregulation (1) "a Competent Authority" and substituting "the Secretary";(b) by omitting from subregulation (4) "Competent Authority" and substituting "Secretary";(c) by omitting from subregulation (4) "Authority" second occurring and substituting "Secretary".
47. Regulation 197 amended (When administrative determinations and approvals not to be made, &c. [17.3])
Regulation 197 of the Principal Regulations is amended by omitting "A Competent Authority" and substituting "The Secretary".
48. Regulation 198 amended (Reasons for refusal of applications [17.4])
Regulation 198 of the Principal Regulations is amended as follows:(a) by omitting from subregulation (1) "a Competent Authority" and substituting "the Secretary";(b) by omitting from subregulation (2) "Competent Authority" and substituting "Secretary";(c) by omitting from subregulation (3) "Competent Authority" and substituting "Secretary";(d) by omitting from subregulation (3) "Authority" second occurring and substituting "Secretary".
49. Regulation 199 amended (Periods and conditions [17.5])
Regulation 199 of the Principal Regulations is amended as follows:(a) by omitting from subregulation (2) "a Competent Authority" and substituting "the Secretary";(b) by omitting from subregulation (2) "Authority" second occurring and substituting "Secretary";(c) by omitting from subregulation (4) "a Competent Authority" and substituting "the Secretary";(d) by omitting from subregulation (4) "Authority" second occurring and substituting "Secretary".
50. Regulation 200 amended (Replacement administrative determinations and approvals [17.6])
Regulation 200 of the Principal Regulations is amended as follows:(a) by omitting "A Competent Authority" and substituting "The Secretary";(b) by omitting from paragraph (b) "Authority" and substituting "Secretary".
51. Regulation 202 amended (Grounds for cancelling administrative determinations and approvals [17.8])
Regulation 202(4) of the Principal Regulations is amended by omitting "a Competent Authority" from the definition of relevant change and substituting "the Secretary".
52. Regulation 203 amended (Grounds for varying administrative determinations and approvals [17.9])
Regulation 203(4) of the Principal Regulations is amended by omitting "a Competent Authority" from the definition of relevant change and substituting "the Secretary".
53. Regulation 204 amended (Register [17.10])
Regulation 204 of the Principal Regulations is amended as follows:(a) by omitting from subregulation (1) "A Competent Authority" and substituting "The Secretary";(b) by omitting from subregulation (3) "Competent Authority" first occurring and substituting "Secretary";(c) by omitting from subregulation (3)(a) "it gives" and substituting "the Secretary gives";(d) by omitting from subregulation (4) "Competent Authority" and substituting "Secretary";(e) by omitting from subregulation (4)(a) "it" and substituting "the Secretary".
54. Regulation 206 amended (References to Panel [17.12])
Regulation 206 of the Principal Regulations is amended as follows:(a) by omitting from subregulation (1) "A Competent Authority" and substituting "The Secretary";(b) by omitting from subregulation (1) "Authority" second occurring and substituting "Secretary";(c) by omitting from subregulation (2) "A Competent Authority" and substituting "The Secretary";(d) by omitting from subregulation (2)(a) "Authority" and substituting "Secretary";(e) by omitting from subregulation (2)(b) "Authority" second occurring and substituting "Secretary".
55. Regulation 207 amended (Effect of Panel decisions about applications [17.13])
Regulation 207(2) of the Principal Regulations is amended by omitting "Competent Authority" and substituting "Secretary".
56. Regulation 208 amended (Effect of Panel decisions about cancelling or varying approvals [17.14])
Regulation 208 of the Principal Regulations is amended as follows:(a) by omitting from subregulation (1)(b)(ii) "Authority" and substituting "Secretary";(b) by omitting from subregulation (2) "Competent Authority" and substituting "Secretary".
57. Regulation 215 amended (Required driving licence evidence [18.7])
Regulation 215(3) of the Principal Regulations is amended by omitting "a Competent Authority" and substituting "the Secretary".
58. Regulation 218 amended (Applications for licences [18.10])
Regulation 218(1) of the Principal Regulations is amended by omitting "a Competent Authority" and substituting "the Secretary".
59. Regulation 219 amended (Grant of licences [18.11])
Regulation 219 of the Principal Regulations is amended as follows:(a) by omitting from subregulation (1) "A Competent Authority" and substituting "The Secretary";(b) by omitting from subregulation (1)(a) "Authority" and substituting "Secretary";(c) by omitting from subregulation (2) "Competent Authority" and substituting "Secretary";(d) by omitting from subregulation (3) "a Competent Authority" and substituting "the Secretary";(e) by omitting from subregulation (3) "Authority" second occurring and substituting "Secretary".
60. Regulation 220 amended (Applications for renewal of licences [18.12])
Regulation 220(1) of the Principal Regulations is amended by omitting "Competent Authority that issued the licence" and substituting "Secretary".
61. Regulation 221 amended (Renewal of licences [18.13])
Regulation 221 of the Principal Regulations is amended as follows:(a) by omitting from subregulation (1) "A Competent Authority must renew a licence it has granted" and substituting "The Secretary must renew a licence";(b) by omitting from subregulation (1)(a) "Authority" and substituting "Secretary";(c) by omitting from subregulation (2) "Competent Authority" and substituting "Secretary";(d) by omitting from subregulation (3) "a Competent Authority" and substituting "the Secretary";(e) by omitting from subregulation (3) "Authority" second occurring and substituting "Secretary".
62. Regulation 223 amended (Licence conditions [18.15])
Regulation 223(1) of the Principal Regulations is amended by omitting "A Competent Authority" and substituting "The Secretary".
63. Regulation 224 amended (Additional condition [18.16])
Regulation 224 of the Principal Regulations is amended as follows:(a) by omitting "a Competent Authority" and substituting "the Secretary";(b) by omitting "Authority" second occurring and substituting "Secretary".
64. Regulation 227 amended (Applications for licences [18.19])
Regulation 227(1) of the Principal Regulations is amended by omitting "a Competent Authority" and substituting "the Secretary".
65. Regulation 228 amended (Additional information and inspections [18.20])
Regulation 228 of the Principal Regulations is amended as follows:(a) by omitting from subregulation (1) "A Competent Authority" and substituting "The Secretary";(b) by omitting from subregulation (1)(a) "Authority" twice occurring and substituting "Secretary";(c) by omitting from subregulation (1)(b) "Authority" twice occurring and substituting "Secretary";(d) by omitting from subregulation (2) "a Competent Authority" and substituting "the Secretary";(e) by omitting from subregulation (3) "Competent Authority" and substituting "Secretary".
66. Regulation 229 amended (Grant of licences [18.21])
Regulation 229 of the Principal Regulations is amended as follows:(a) by omitting from subregulation (1) "a Competent Authority" and substituting "the Secretary";(b) by omitting from subregulation (1)(a) "Authority" and substituting "Secretary";(c) by omitting from subregulation (4) "Competent Authority" and substituting "Secretary";(d) by omitting from subregulation (5) "Competent Authority" and substituting "Secretary";(e) by omitting from subregulation (6) "a Competent Authority" and substituting "the Secretary";(f) by omitting from subregulation (6) "Authority" second occurring and substituting "Secretary".
67. Regulation 230 amended (Applications for renewal of licences [18.22])
Regulation 230(1) of the Principal Regulations is amended by omitting "Competent Authority that granted the licence" and substituting "Secretary".
68. Regulation 231 amended (Renewal of licences [18.23])
Regulation 231 of the Principal Regulations is amended as follows:(a) by omitting from subregulation (1) "a Competent Authority" and substituting "the Secretary";(b) by omitting from subregulation (1)(a) "Authority" and substituting "Secretary";(c) by omitting from subregulation (4) "Competent Authority" and substituting "Secretary";(d) by omitting from subregulation (5) "Competent Authority" and substituting "Secretary";(e) by omitting from subregulation (6) "a Competent Authority" and substituting "the Secretary";(f) by omitting from subregulation (6) "Authority" second occurring and substituting "Secretary".
69. Regulation 233 amended (Licence conditions [18.25])
Regulation 233(1) of the Principal Regulations is amended by omitting "A Competent Authority" and substituting "The Secretary".
70. Regulation 234 amended (Disposal of licensed vehicles [18.26])
Regulation 234 of the Principal Regulations is amended as follows:(a) by omitting from subregulation (1) "Competent Authority, that granted the licence," and substituting "Secretary,";(b) by omitting from subregulation (2) "Competent Authority" and substituting "Secretary".
71. Regulation 236 amended (Licence labels [18.28])
Regulation 236(1) of the Principal Regulations is amended by omitting "A Competent Authority that grants a licence" and substituting "The Secretary".
72. Regulation 241 amended (Replacement licences and licence labels [18.33])
Regulation 241 of the Principal Regulations is amended as follows:(a) by omitting from subregulation (1) "A Competent Authority" and substituting "The Secretary";(b) by omitting from subregulation (2) "A Competent Authority" and substituting "The Secretary";(c) by omitting from subregulation (2) "Authority" second occurring and substituting "Secretary".
73. Regulation 243 amended (Surrender of licences [18.35])
Regulation 243(1) of the Principal Regulations is amended by omitting "Competent Authority that granted the licence and returning the licence to that Authority" and substituting "Secretary and returning the licence to the Secretary".
74. Regulation 244 amended (Registers of licences [18.36])
Regulation 244 of the Principal Regulations is amended as follows:(a) by omitting from subregulation (1) "A Competent Authority" and substituting "The Secretary";(b) by omitting from subregulation (2) "A Competent Authority" and substituting "The Secretary";(c) by omitting from subregulation (4) "Competent Authority" and substituting "Secretary";(d) by omitting from subregulation (5) "Competent Authority" and substituting "Secretary".
75. Regulation 246 amended (Change of information given in licence applications [18.38])
Regulation 246 of the Principal Regulations is amended as follows:(a) by omitting from subregulation (1) "a Competent Authority" and substituting "the Secretary";(b) by omitting from subregulation (2) "Competent Authority" and substituting "Secretary";(c) by omitting from subregulation (2) "Authority" second occurring and substituting "Secretary".
76. Regulation 247 amended (Production of licences to Secretary [18.39])
Regulation 247 of the Principal Regulations is amended as follows:(a) by omitting from subregulation (1) "A Competent Authority" and substituting "The Secretary";(b) by omitting from subregulation (1) "Authority" second occurring and substituting "Secretary";(c) by omitting from subregulation (2) "Competent Authority" and substituting "Secretary".
77. Regulation 248 amended (Seizure of licences, &c. [18.40])
Regulation 248(3) of the Principal Regulations is amended by omitting "Competent Authority that was purported to have granted the licence" and substituting "Secretary".
78. Regulation 249 amended (Return of licences [18.41])
Regulation 249 of the Principal Regulations is amended as follows:(a) by omitting from subregulation (1) "a Competent Authority or given to a Competent Authority" and substituting "the Secretary or given to the Secretary";(b) by omitting from subregulation (2) "Competent Authority" and substituting "Secretary";(c) by omitting from subregulation (3) "Competent Authority" and substituting "Secretary";(d) by omitting from subregulation (4) "Competent Authority" and substituting "Secretary";(e) by omitting from subregulation (5) "Competent Authority" and substituting "Secretary".
79. Regulation 251 amended (Cancellation, suspension and variation in dangerous situations [19.2])
Regulation 251 of the Principal Regulations is amended as follows:(a) by omitting from subregulation (1) "a Competent Authority" and substituting "the Secretary";(b) by omitting from subregulation (2) "Competent Authority" and substituting "Secretary".
80. Regulation 252 amended (Cancellation and suspension giving effect to court orders [19.3])
Regulation 252 of the Principal Regulations is amended by omitting "A Competent Authority" and substituting "The Secretary".
81. Regulation 253 amended (Variation of administrative determinations and approvals on application [19.4])
Regulation 253(2) of the Principal Regulations is amended by omitting "Competent Authority" and substituting "Secretary".
82. Regulation 254 amended (Cancellation, suspension and variation in other circumstances [19.5])
Regulation 254 of the Principal Regulations is amended as follows:(a) by omitting from subregulation (1)(a) "a Competent Authority" and substituting "the Secretary";(b) by omitting from subregulation (2) "Competent Authority" and substituting "Secretary";(c) by omitting from subregulation (3) "Competent Authority" and substituting "Secretary";(d) by omitting from subregulation (3) "Authority" second occurring and substituting "Secretary";(e) by omitting from subregulation (4) "Competent Authority" and substituting "Secretary".
83. Regulation 255 amended (When cancellation, suspension and variation take effect [19.6])
Regulation 255 of the Principal Regulations is amended as follows:(a) by omitting from subregulation (1) "a Competent Authority" and substituting "the Secretary";(b) by omitting from subregulation (1)(a) "Authority" and substituting "Secretary";(c) by omitting from subregulation (2) "a Competent Authority" and substituting "the Secretary";(d) by omitting from subregulation (2)(a) "Authority" and substituting "Secretary".
84. Regulation 258 amended (Approvals: tests and training courses for drivers [20.2])
Regulation 258 of the Principal Regulations is amended as follows:(a) by omitting from subregulation (1) "A Competent Authority" and substituting "The Secretary";(b) by omitting from subregulation (2) "A Competent Authority" and substituting "The Secretary";(c) by omitting from subregulation (2) "Authority" second occurring and substituting "Secretary".
85. Regulation 260 amended (Infringement notices [21.1])
Regulation 260 of the Principal Regulations is amended by omitting subregulation (3) and substituting the following subregulations:(3) An infringement notice is to be in accordance with section 14 of the Monetary Penalties Enforcement Act 2005 .(4) Any payments in respect of an infringement notice are payable into the Consolidated Fund.
86. Regulations 261 , 262 , 263 , 264 , 265 and 266 rescinded
Regulations 261 , 262 , 263 , 264 , 265 and 266 of the Principal Regulations are rescinded.
87. Regulation 267 amended (Application of Part [22.1])
Regulation 267 of the Principal Regulations is amended by omitting "a Competent Authority" and substituting "the Secretary".
88. Regulation 268 amended (Who may apply for reconsideration of decisions [22.2])
Regulation 268 of the Principal Regulations is amended as follows:(a) by omitting from subregulation (1) "a Competent Authority" and substituting "the Secretary";(b) by omitting from subregulation (1) "that Authority" and substituting "the Secretary";(c) by omitting from subregulation (2) "a Competent Authority" and substituting "the Secretary";(d) by omitting from subregulation (2) "that Authority" and substituting "the Secretary".
89. Regulation 269 amended (Applications for reconsideration [22.3])
Regulation 269 of the Principal Regulations is amended as follows:(a) by omitting from subregulation (1)(a) "Competent Authority" and substituting "Secretary";(b) by omitting from subregulation (1)(b) "Authority" and substituting "Secretary";(c) by omitting from subregulation (3) "Competent Authority" and substituting "Secretary".
90. Regulation 270 amended (Secretary to reconsider decisions [22.4])
Regulation 270 of the Principal Regulations is amended as follows:(a) by omitting from subregulation (1) "Competent Authority" and substituting "Secretary";(b) by omitting from subregulation (2) "Competent Authority" and substituting "Secretary";(c) by omitting from subregulation (3) "Competent Authority" and substituting "Secretary".
91. Regulation 271 amended (Review of certain decisions [22.5])
Regulation 271 of the Principal Regulations is amended by omitting "a Competent Authority" and substituting "the Secretary".
92. Regulation 272 amended (Prescribed fees [23.1])
Regulation 272 of the Principal Regulations is amended by omitting the table and substituting the following table:
Column 1
Column 2
Column 3
Item
Provision for which fee prescribed
Fee
(fee units)
1.
100
2.
30
3.
30
4.
75
5.
75
93. Regulation 274 amended (Continuing effect of certain determinations [24.2])
Regulation 274 of the Principal Regulations is amended by omitting subregulations (3) and (4) .
94. Regulation 276 amended (Continuing effect of certain exemptions [24.4])
Regulation 276 of the Principal Regulations is amended by omitting subregulation (3) .
95. Regulation 278 amended (Continuing effect of certain approvals [24.6])
Regulation 278 of the Principal Regulations is amended by omitting subregulation (3) .
96. Regulation 280 amended (Continuing effect of certain licences and permits [24.8])
Regulation 280 of the Principal Regulations is amended by omitting subregulation (3) .
97. Regulation 282 inserted
After regulation 281 of the Principal Regulations , the following regulation is inserted in Part 24:282. Future construction of certain references
(1) In this regulation –post-commencement period means the period commencing on the day on which the Dangerous Goods Amendment Act 2005 commences.(2) A reference in regulation 274(2) , regulation 276(2) , regulation 278(2) or regulation 280(2) to "a Competent Authority" is, in the application (if any) of that regulation to the post-commencement period, to be construed as a reference to "the Secretary".
98. Schedule 3 amended (Dictionary)
Clause 1 of Schedule 3 to the Principal Regulations is amended as follows:(a) by omitting the definitions of Act and ADG Code and substituting the following definitions:Act means the Dangerous Goods (Safe Transport) Act 1998 ;ADG Code means the Australian Dangerous Goods Code;(b) by omitting the definition of AE Code and substituting the following definition:AE Code means the Australian Explosives Code;(c) by omitting "a Competent Authority" from the definition of approval and substituting "the Secretary";(d) by omitting the definition of Competent Authority ;(e) by omitting the definition of corresponding Competent Authority and substituting the following definition:corresponding Competent Authority means a person who, under a law of another participating jurisdiction, has powers corresponding, or substantially corresponding, to the powers of the Secretary under the Act;(f) by omitting "a Competent Authority" from the definition of determination and substituting "the Secretary";(g) by omitting the definition of hose assembly and substituting the following definition:hose assembly means a hose, or hoses connected together, for use in the transportation or transfer of dangerous goods and includes –(a) if there are 2 or more hoses connected together, the connections between the hoses; and(b) the attachment connecting the hose or hoses to a tank on a vehicle, bulk container or storage container; and(c) anything else, except a vehicle, bulk container or storage container, attached to the hose or hoses;(h) by omitting the definition of involvement in the handling of dangerous goods and substituting the following definition:involvement in the transportation of dangerous goods see section 3 of the Act;
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 24 June 2009
These regulations are administered in the Department of Justice.
EXPLANATORY NOTE
(This note is not part of the regulation)
These regulation amend the Dangerous Goods (Road and Rail Transport) Regulations 1998 consequent on the enactment of the Dangerous Goods Amendment Act 2005 and the Dangerous Substances (Safe Handling) Act 2005 .