This regulation may be cited as the Transport and Other Legislation Amendment Regulation 2020.
This regulation commences on 1 October 2020.
Part 2 Amendment of State Penalties Enforcement Regulation 2014
This part amends the State Penalties Enforcement Regulation 2014.
4Amendment of sch 1 (Infringement notice offences and fines for nominated laws)
(1)Schedule 1, entry for Transport Operations (Road Use Management) Act 1995, entries for sections 52(2) and 53(2)—
omit.(2)Schedule 1, entry for Transport Operations (Road Use Management) Act 1995—
insert—
s 52(2)
in the circumstances in paragraph (a) of the penalty
10
in the circumstances in paragraph (c) of the penalty
6
s 53(2)
in the circumstances in paragraph (a) of the penalty
6
in the circumstances in paragraph (c) of the penalty
6
insert—
s 102C
4
20
s 133A
8
40
s 133B
8
40
s 144A
for giving a direction mentioned in s 144A
8
40
s 146A
for giving a direction mentioned in s 146A
8
40
(4)Schedule 1, entry for Transport Operations (Road Use Management—Dangerous Goods) Regulation 2018, entry for section 145, column 1, after ‘s 145’—
insert—for giving a direction mentioned in s 145
(5)Schedule 1, entry for Transport Operations (Road Use Management—Dangerous Goods) Regulation 2018, entry for section 146, column 1, after ‘s 146’—
insert—for giving a direction mentioned in s 146
Part 3 Amendment of Transport Infrastructure (Dangerous Goods by Rail) Regulation 2018
This part amends the Transport Infrastructure (Dangerous Goods by Rail) Regulation 2018.
After section 17—
insert—17A When dangerous goods are packed in excepted quantities
Dangerous goods are packed in excepted quantities if—(a)the goods are assigned to code E1, E2, E3, E4 or E5 in column 7b of the dangerous goods list; and(b)the goods are packed in accordance with chapter 3.5 of the ADG Code; and(c)the quantity of dangerous goods does not exceed the quantity specified in section 3.5.1.2 of the ADG Code.
7Replacement of s 41 (Packing of dangerous goods in limited quantities)
Section 41—
omit, insert—41Packing of dangerous goods in limited quantities or excepted quantities
(1)This part does not apply to dangerous goods that are—(a)goods packed in limited quantities; or(b)goods packed in excepted quantities.(2)To remove any doubt, it is declared that this part applies to—(a)dangerous goods that are purported to be packed in limited quantities but do not comply with the requirements of section 17; and(b)dangerous goods that are purported to be packed in excepted quantities but do not comply with the requirements of section 17A.Sections 17(a) and 17A(b) respectively require compliance with chapter 3.4 and 3.5 of the ADG Code.
8Amendment of s 43 (Unsuitability of packaging for transport)
Section 43(1)—
insert—(g)for dangerous goods purported to be packed in limited quantities—the packaging does not comply with chapter 3.4 of the ADG Code; or(h)for dangerous goods purported to be packed in excepted quantities—the packaging does not comply with chapter 3.5 of the ADG Code.
9Amendment of s 51 (Offence to sell or supply noncompliant packaging)
Section 51, after ‘chapter 3.4’—
insert—or 3.5
10Amendment of s 73 (Meaning of appropriately marked)
Section 73(6)—
omit.
11Amendment of s 78 (When loads must be placarded)
(1)Section 78(1)(b), after ‘more’—
insert—, other than specified goods,
(2)Section 78(1)(e), after ‘more’—
insert—, other than specified goods
(3)Section 78(2) and (3)—
omit, insert—(2)A load that contains dangerous goods must be placarded if the load contains specified goods and—(a)the specified goods include an aggregate quantity of 2,000 or more of a dangerous good of a particular UN number from a single place of consignment; or(b)the total gross mass of the specified goods is 8 tonnes or more.This subsection applies separately and in addition to subsection (1). See table 5.3 of the ADG Code.(3)A load that contains dangerous goods, other than a load required to be placarded under subsection (1) or (2), must be placarded if—(a)the load contains a mixture of specified goods and other dangerous goods; and(b)either of the following calculations apply—(i)if the load contains dangerous goods mentioned in subsection (1)(b)(i), (ii) or (iii)—the aggregate quantity of the goods, plus 10% of the total gross mass of the specified goods, is 250 or more;(ii)otherwise—the aggregate quantity of the other dangerous goods, plus 25% of the total gross mass of the specified goods, is 1,000 or more.(4)Subsection (1)(a) does not apply to a dangerous good that is an article.(5)In this section—specified goods means—(a)dangerous goods packed in limited quantities; or(b)without limiting paragraph (a), any of the following dangerous goods—(i)fireworks that are bon bons, party poppers or sparklers;(ii)domestic smoke detectors containing radioactive material;(iii)lighters or lighter refills containing flammable gas;(iv)fire extinguishers containing a net mass of not more than 23kg of compressed or liquefied gas; or(c)a combination of any of the dangerous goods mentioned in paragraphs (a) and (b).UN number, for a dangerous good, means the UN number, within the meaning of the ADG Code, for the good.An aggregate quantity in relation to a load containing dangerous goods mentioned in this section is worked out in the way provided for under schedule 3, definition aggregate quantity.
12Amendment of s 87 (Application of division)
Section 87(2) to (4)—
omit.
Sections 88, 89 and 90(1), ‘or 7.2’—
omit.
After section 94—
insert—In this part—nominally empty storage vessel means a tank or hopper in relation to which section 7.2.7.1 of the ADG Code applies.A person must not consign a nominally empty storage vessel for transport in a cargo transport unit if the person knows, or ought reasonably to know, that the vessel is not loaded or stowed, or can not be transported or unloaded, in accordance with chapter 7.2 of the ADG Code.Maximum penalty—20 penalty units.
A person must not load a nominally empty storage vessel for transport in a cargo transport unit other than in accordance with chapter 7.2 of the ADG Code.Maximum penalty—20 penalty units.
94DDuty of prime contractors and rail operators
A prime contractor or rail operator must not transport a nominally empty storage vessel if the contractor or operator knows, or ought reasonably to know, that the transport does not comply with chapter 7.2 of the ADG Code.Maximum penalty—20 penalty units.
15Insertion of new pt 12, div 2A
After section 134—
insert—A person must not consign dangerous goods packed in limited quantities for transport unless the person has provided the prime contractor with the information required by section 3.4.12.1 of the ADG Code in the form required by that section.Maximum penalty—40 penalty units.
134B Duty of prime contractors
A prime contractor who receives information under section 134A must ensure the information is readily ascertainable during transport of the dangerous goods.Maximum penalty—40 penalty units.
134C False or misleading information
A person must not, under section 134A, give a prime contractor information the person knows, or ought reasonably to know, is false or misleading in a material particular.Maximum penalty—40 penalty units.
16Amendment of pt 19, hdg (Fees)
Part 19, heading, ‘Fees’—
omit, insert—Miscellaneous
After section 180—
insert—180A Particular provision for ADG Code, edition 7.7
(1)This section applies if—(a)during the period starting on 1 October 2020 and ending on 30 September 2021, a person does an act, or omits to do an act, that would, but for this section, constitute an offence against a provision of this regulation; and(b)the act or omission would, but for this section, constitute an offence against the provision only because, for applying the provision, a reference in this regulation to the ADG Code is a reference to edition 7.7 of the ADG Code rather than edition 7.6 of the ADG Code.(2)The act or omission does not constitute an offence against the provision.
18Amendment of sch 3 (Dictionary)
(1)Schedule 3, definition ADG code—
omit.(2)Schedule 3—
insert—ADG Code means the code called ‘Australian Code for the Transport of Dangerous Goods by Road and Rail’, seventh edition, published by the National Transport Commission, as amended from time to time.See also section 180A in relation to the ADG Code, edition 7.7.A copy of the ADG Code is available on the website of the National Transport Commission.nominally empty storage vessel, for part 7A, see section 94A.packed in excepted quantities see section 17A.(3)Schedule 3, definition ADR, ICAO, IMO, RID or UN approved, paragraph (a), ‘European’—
omit.
Part 4 Amendment of Transport Operations (Road Use Management—Dangerous Goods) Regulation 2018
This part amends the Transport Operations (Road Use Management—Dangerous Goods) Regulation 2018.
After section 19—
insert—19A When dangerous goods are packed in excepted quantities
Dangerous goods are packed in excepted quantities if—(a)the goods are assigned to code E1, E2, E3, E4 or E5 in column 7b of the dangerous goods list; and(b)the goods are packed in accordance with chapter 3.5 of the ADG Code; and(c)the quantity of dangerous goods does not exceed the quantity specified in section 3.5.1.2 of the ADG Code.
21Replacement of s 45 (Packing of dangerous goods in limited quantities)
Section 45—
omit, insert—45Packing of dangerous goods in limited quantities or excepted quantities
(1)This part does not apply to dangerous goods that are—(a)goods packed in limited quantities; or(b)goods packed in excepted quantities.(2)To remove any doubt, it is declared that this part applies to—(a)dangerous goods that are purported to be packed in limited quantities but do not comply with the requirements of section 19; and(b)dangerous goods that are purported to be packed in excepted quantities but do not comply with the requirements of section 19A.Sections 19(a) and 19A(b) respectively require compliance with chapter 3.4 and 3.5 of the ADG Code.
22Amendment of s 47 (Unsuitability of packaging for transport)
Section 47(1)—
insert—(g)for dangerous goods purported to be packed in limited quantities—the packaging does not comply with chapter 3.4 of the ADG Code; or(h)for dangerous goods purported to be packed in excepted quantities—the packaging does not comply with chapter 3.5 of the ADG Code.
23Amendment of s 55 (Offence to sell or supply noncompliant packaging)
Section 55, after ‘chapter 3.4’—
insert—or 3.5
24Amendment of s 78 (Meaning of appropriately marked)
Section 78(6)—
omit.
25Amendment of s 83 (When loads must be placarded)
(1)Section 83(1)(b), after ‘more’—
insert—, other than specified goods,
(2)Section 83(1)(e), after ‘more’—
insert—, other than specified goods
(3)Section 83(2) and (3)—
omit, insert—(2)A load that contains dangerous goods must be placarded if the load contains specified goods and—(a)the specified goods include an aggregate quantity of 2,000 or more of a dangerous good of a particular UN number from a single place of consignment; or(b)the total gross mass of the specified goods is 8 tonnes or more.This subsection applies separately and in addition to subsection (1). See table 5.3 of the ADG Code.(3)A load containing dangerous goods, other than a load required to be placarded under subsection (1) or (2), must be placarded if—(a)the load contains a mixture of specified goods and other dangerous goods; and(b)either of the following calculations apply—(i)if the load contains dangerous goods mentioned in subsection (1)(b)(i), (ii) or (iii)—the aggregate quantity of the goods, plus 10% of the total gross mass of the specified goods, is 250 or more;(ii)otherwise—the aggregate quantity of the other dangerous goods, plus 25% of the total gross mass of the specified goods, is 1,000 or more.(4)Subsection (1)(a) does not apply to a dangerous good that is an article.(5)In this section—specified goods means—(a)dangerous goods packed in limited quantities; or(b)without limiting paragraph (a), any of the following dangerous goods—(i)fireworks that are bon bons, party poppers or sparklers;(ii)domestic smoke detectors containing radioactive material;(iii)lighters or lighter refills containing flammable gas;(iv)fire extinguishers containing a net mass of not more than 23kg of compressed or liquefied gas; or(c)a combination of any of the dangerous goods mentioned in paragraphs (a) and (b).UN number, for a dangerous good, means the UN number, within the meaning of the ADG Code, for the good.An aggregate quantity in relation to a load containing dangerous goods mentioned in this section is worked out in the way provided for under schedule 3, definition aggregate quantity.
26Amendment of s 94 (Application of division)
Section 94(2) to (4)—
omit.
Sections 95, 96, 97(1) and 98, ‘or 7.2’—
omit.
After section 102—
insert—In this part—nominally empty storage vessel means a tank or hopper in relation to which section 7.2.7.1 of the ADG Code applies.A person must not consign a nominally empty storage vessel for transport in a cargo transport unit if the person knows, or ought reasonably to know, that the vessel is not loaded or stowed, or can not be transported or unloaded, in accordance with chapter 7.2 of the ADG Code.Maximum penalty—20 penalty units.
A person must not load a nominally empty storage vessel for transport in a cargo transport unit other than in accordance with chapter 7.2 of the ADG Code.Maximum penalty—20 penalty units.
102D Duty of prime contractors
A prime contractor must not transport a nominally empty storage vessel if the contractor knows, or ought reasonably to know, that the transport does not comply with chapter 7.2 of the ADG Code.Maximum penalty—20 penalty units.
A person must not drive a vehicle transporting a nominally empty storage vessel if the person knows, or ought reasonably to know, that the transport does not comply with chapter 7.2 of the ADG Code.Maximum penalty—13 penalty units.
29Insertion of new pt 11, div 2A
After section 133—
insert—A person must not consign dangerous goods packed in limited quantities for transport in or on a vehicle unless the person has provided the prime contractor with the information required by section 3.4.12.1 of the ADG Code in the form required by that section.Maximum penalty—40 penalty units.
133B Duty of prime contractors
A prime contractor who receives information under section 133A must ensure the information is readily ascertainable during transport of the dangerous goods.Maximum penalty—40 penalty units.
133C False or misleading information
A person must not, under section 133A, give a prime contractor information the person knows, or ought reasonably to know, is false or misleading in a material particular.Maximum penalty—40 penalty units.
Before section 145—
insert—A prime contractor must not direct or induce the driver of a vehicle transporting a placard load to park the vehicle, or leave the vehicle standing, in a public or private place other than in accordance with part 13 of the ADG Code.Maximum penalty—40 penalty units.
31Amendment of s 145 (Unloading)
Section 145, from ‘authorise’ to ‘goods’—
omit, insert—direct or induce a driver to permit dangerous goods to be unloaded
32Amendment of s 146 (Detaching trailers)
Section 146, from ‘authorise’ to ‘vehicle’—
omit, insert—direct or induce a driver to detach a trailer containing a placard load, or to permit the trailer to be detached, from a vehicle
After section 146—
insert—146A Tank vehicle equipped with burner
A prime contractor must not direct or induce the driver of a tank vehicle that is transporting a placard load, and that is equipped with a burner to heat the load, to operate the burner or permit it to be operated other than in accordance with Part 13 of the ADG Code.Maximum penalty—40 penalty units.
34Replacement of pt 21, hdg (Fees)
Part 21, heading—
omit, insert—
35Insertion of new pt 21, div 2
Part 21—
insert—249A Particular provision for ADG Code, edition 7.7
(1)This section applies if—(a)during the period starting on 1 October 2020 and ending on 30 September 2021, a person does an act, or omits to do an act, that would, but for this section, constitute an offence against a provision of this regulation; and(b)the act or omission would, but for this section, constitute an offence against the provision only because, for applying the provision, a reference in this regulation to the ADG Code is a reference to edition 7.7 of the ADG Code rather than edition 7.6 of the ADG Code.(2)The act or omission does not constitute an offence against the provision.
36Amendment of sch 3 (Dictionary)
(1)Schedule 3—
insert—nominally empty storage vessel, for part 7A, see section 102A.packed in excepted quantities see section 19A.(2)Schedule 3, definition ADG Code, before the editor’s note—
insert—See also section 249A in relation to the ADG Code, edition 7.7.(3)Schedule 3, definition ADR, ICAO, IMO, RID or UN approved, paragraph (a), ‘European’—
omit.
Part 5 Amendment of Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 2010
This part amends the Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 2010.
38Amendment of s 7 (When a light vehicle is defective)
Section 7(2), definition part—
omit, insert—part, of a light vehicle, includes—(a)a part of the vehicle that is necessary for the control of emissions of gas, particles or noise; and(b)a label that is required, under the vehicle standards, to be fitted to a number plate attached to the vehicle.
39Amendment of s 19 (Inspections by approved examiners for inspection certificate)
(1)Section 19(1) and (1A)—
omit, insert—(1)An approved examiner may approve an inspection certificate only for—(a)a registered trailer with an ATM of not more than 10t; or(b)another registered vehicle with a GVM of not more than 16t; or(c)an unregistered vehicle; or(d)for an approved examiner given a notice under section 19A in relation to a type of registered vehicle—the type of registered vehicle stated in the notice.(2)Section 19(2), (4), (7) and (8), ‘sign’—
omit, insert—approve
(3)Section 19(3)(b), ‘signing’—
omit, insert—approving
(4)Section 19(6)—
omit, insert—(6)Before approving an inspection certificate, an approved examiner must ensure—(a)the certificate is completed correctly; and(b)for a certificate that is issued manually—(i)the certificate is completed legibly; and(ii)no entry in the certificate has been altered; and(iii)the date of issue of the certificate is indicated on the label part of the certificate by a hole punched through the appropriate day and month.Maximum penalty—30 penalty units.
(5)Section 19(7), ‘an inspection certificate is issued,’—
omit, insert—issuing an inspection certificate,
(6)Section 19(10), definition sign—
omit.
After section 19—
insert—19AA How inspection certificates are approved
(1)This section applies if a vehicle is inspected for the issue of an inspection certificate by an approved examiner at an AIS.(2)The approved examiner approves an inspection certificate for the vehicle under this part by—(a)for a certificate issued electronically—using the electronic system to submit the certificate to the proprietor of the AIS; or(b)for a certificate issued manually—signing the certificate.(3)The proprietor of the AIS approves an inspection certificate for the vehicle under this part by—(a)for a certificate issued electronically—using the electronic system to approve the certificate; or(b)for a certificate issued manually—signing the certificate.(4)In this section—electronic system means the electronic system made available by the chief executive for issuing inspection certificates.
41Amendment of s 19A (Inspections by approved examiners in special circumstances)
(1)Section 19A(1), ‘sign’—
omit, insert—approve
(2)Section 19A(3)—
omit.
42Amendment of s 20 (Issue of replacement inspection certificate if registration refused)
Section 20(1), ‘issuing’—
omit, insert—approving
43Amendment of s 21 (Reinspection by approved examiners for inspection certificate)
(1)Section 21(2), ‘same person who signed’—
omit, insert—approved examiner who issued
(2)Section 21(3), ‘who signed the inspection report’—
omit.
44Amendment of s 22 (Action more than 14 days after inspection report issued)
(1)Section 22(1)(a), ‘signed’—
omit, insert—issued
(2)Section 22(2), from ‘signed,’ to ‘issue’—
omit, insert—issued, an approved examiner may approve
45Insertion of new pt 7, div 9
Part 7—
insert—60Application of sch 1, ss 140 and 141
Schedule 1, sections 140 and 141 do not apply in relation to a vehicle that, on the commencement, is a registered vehicle until the earlier of the following—(a)the expiry or cancellation of the vehicle's registration;(b)1 October 2021.
46Amendment of sch 1, pt 10, hdg (LPG fuel systems)
Schedule 1, part 10, heading, ‘LPG’—
omit, insert—Alternative
47Insertion of new sch 1, ss 140 and 141
Schedule 1, part 10—
insert—(1)This section applies to the following vehicles—(a)a hydrogen-powered vehicle built after 1 January 2019;(b)a vehicle that is modified, after 1 January 2019, to be a hydrogen-powered vehicle.(2)The vehicle must have fitted conspicuously to each number plate attached to the vehicle—(a)if the vehicle is fitted with 1 hydrogen fuel container—a compliant label; or(b)if the vehicle is fitted with 2 or more hydrogen fuel containers—2 compliant labels.(3)A reference in subsection (2) to a number plate attached to a vehicle does not include an accessory plate attached to the vehicle under the Transport Operations (Road Use Management—Vehicle Registration) Regulation 2010, section 37.(4)For subsection (2), a label is a compliant label if—(a)the label is attached to a plate made of metal that is at least 1mm thick; and(b)the label, and the plate to which it is attached, is a regular pentagonal shape—(i)each side of which is 20mm long; and(ii)each interior angle of which is 108°; and(c)the label has a yellow surface that complies with class 2 of Australian Standard AS 1906.1 as in force on the commencement; and(d)the label is marked ‘H’ in a black capital letter at least 10mm high and has the orientation shown in the example; and(e)the label is fitted to each number plate so that the letter on the label is in an upright position; and(f)the label does not wholly or partly obscure a character on a number plate.Example of label for hydrogen-powered vehicle—
The example of the label is for illustrative purposes only and does not represent the label’s actual size, dimensions or colour.(5)In this section—hydrogen-powered vehicle means a vehicle that—(a)is powered by a hydrogen fuel system; and(b)has 1 or more hydrogen fuel containers fitted to the vehicle for the system.(1)This section applies to the following vehicles—(a)an electric-powered vehicle built after 1 January 2019;(b)a vehicle that is modified, after 1 January 2019, to be an electric-powered vehicle.(2)However, this section does not apply to a vehicle to which section 140 applies.(3)The vehicle must have a compliant label fitted conspicuously to each number plate attached to the vehicle.(4)A reference in subsection (3) to a number plate attached to a vehicle does not include an accessory plate attached to the vehicle under the Transport Operations (Road Use Management—Vehicle Registration) Regulation 2010, section 37.(5)For subsection (3), a label is a compliant label if—(a)the label is attached to a plate made of metal that is at least 1mm thick; and(b)the label, and the plate to which it is attached, is an equilateral triangular shape—(i)each side of which is 30mm long; and(ii)each interior angle of which is 60°; and(c)the label has a blue surface that complies with class 2 of Australian Standard AS 1906.1 as in force on the commencement; and(d)the label is marked ‘EV’ in white capital letters at least 8mm high and has the orientation shown in the example; and(e)the label is fitted to each number plate so that the letters on the label are in an upright position; and(f)the label does not wholly or partly obscure a character on a number plate.Example of label for electric-powered vehicle—
The example of the label is for illustrative purposes only and does not represent the label’s actual size, dimensions or colour.(6)In this section—electric-powered vehicle means a vehicle powered by 1 or more electric motors or traction motors that—(a)are the only propulsion system for the vehicle; or(b)are used in conjunction with another propulsion system for the vehicle.
