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TRANSPORT OPERATIONS (ROAD USE MANAGEMENT--DANGEROUS GOODS) REGULATION 2018 - SCHEDULE 3
SCHEDULE 3 – Dictionary
"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.
Editor’s
note— A copy of the ADG Code is available on the website of the National
Transport Commission.
"administrative determination" means a determination that is an administrative
determination under section 25 .
"ADR, ICAO, IMO, RID or UN approved" , for packaging, means approved in
accordance with any of the following documents— (a) the European Agreement
concerning the International Carriage of Dangerous Goods by Road published by
the Inland Transport Committee of the United Nations Economic Commission for
Europe;
(b) the ICAO technical instructions;
(c) the IMDG code;
(d) the
Regulations concerning the International Carriage of Dangerous Goods by Rail
published by the Intergovernmental Organisation for International Carriage by
Rail;
(e) the Recommendations on the Transport of Dangerous Goods: Model
Regulations published by the United Nations.
"aggregate quantity" , in relation to a load containing dangerous goods, means
the total of— (a) the number of kilograms of the following in the load—
(i) solid dangerous goods;
(ii) articles, including aerosols; and
(b) the
number of litres or kilograms, being whichever is used to describe the goods
in the transport documentation for the transport of the goods, of liquid
dangerous goods in the load; and
(c) the total capacity in litres of
receptacles in the load containing dangerous goods of UN class 2 other than
aerosols.
"application" , for part 18 , division 7 , see section 234 .
"appropriately marked" see section 78 .
"appropriately placarded" see section 84 (2).
"approval" means an approval, other than an administrative determination,
exemption or licence, that— (a) is given under this regulation by the chief
executive or an authorised entity; and
(b) is in effect.
"approved tank" means— (a) a tank of a design approved under section 50 ;
or
(b) a foreign approved tank.
"article" means a manufactured item, other than a fluid or particle, that—
(a) is formed into a particular shape or design during manufacture; and
(b)
has hazardous properties and a function that are wholly or partly dependant on
the shape or design.
Examples— battery, aerosol dispenser, lighter,
refrigeration device
"AS/NZS" means a standard published jointly by Standards Australia and
Standards New Zealand.
"authorised entity" means an entity authorised under section 54 to issue
approvals under section 50 or 53.
"bulk container" see section 15 .
"bulk transfer" , for part 10 , see section 115 .
"capacity" , of packaging, means the total internal volume of the packaging at
a temperature of 15°C, expressed in litres or cubic metres.
"cargo transport unit" means any of the following— (a) a tank vehicle;
(b)
a vehicle transporting freight;
(c) a portable tank;
(d) a bulk container;
(e) a freight container;
(f) an MEGC.
"category" , for dangerous goods, means the category to which the dangerous
goods belong under section 34 .
"competent authorities panel" means the entity— (a) whose members include—
(i) the chief executive; and
(ii) dangerous goods authorities; and
(b)
established by the Competent Authorities Panel Rules made by the National
Transport Commission on 16 June 2008, as amended from time to time.
"converter dolly" , for part 18 , division 4 , see section 205 .
"corresponding approval" means an approval to which section 163 applies.
"corresponding dangerous goods driver licence" means a licence to which
section 164 applies that has effect in this jurisdiction under that section
as a dangerous goods driver licence.
"corresponding dangerous goods vehicle licence" means a licence to which
section 164 applies that has effect in this jurisdiction under that section
as a dangerous goods vehicle licence.
"corresponding determination" means a decision to which section 161 applies.
"corresponding exemption" means an exemption to which section 162 applies.
"current postal address" , for a person, means a postal address— (a) given
by the person to the department for use by the department (whether or not it
was given for the purpose of this regulation); and
(b) for which no written
notice from the person, requiring the department to discontinue use of the
postal address, has been received by the department.
"customer communication" , for part 18 , division 7 , see section 234 .
"damaged" — 1
"Damaged" , in relation to a document other than a smartcard dangerous goods
driver licence, includes destroyed, defaced, mutilated or made illegible.
2
"Damaged" , in relation to a smartcard dangerous goods driver licence— (a)
means— (i) the licence is damaged to an extent that— (A) any information
on the licence is impossible or difficult to read without the use of
technology; or
(B) a digital photo or a digitised signature on the licence is
impossible or difficult to recognise without the use of technology; or
(ii)
any information stored electronically on the licence is no longer accessible
by using the holder’s PIN; and
(b) includes destroyed.
3 However,
"damaged" , in relation to a document, does not include the document being
destroyed as required under section 213 , 216 or 221(5).
"dangerous goods" means goods that are dangerous goods under section 32 .
"dangerous goods compliance plate" , for part 4 , division 5 , see
section 62 .
"dangerous goods driver licence" means a dangerous goods driver licence that
is in effect under part 18 , division 3 .
"dangerous goods list" means the dangerous goods list set out in section 3
.2.3 of the ADG Code.
"dangerous goods vehicle licence" means a dangerous goods vehicle licence that
is in effect under part 18 , division 4 .
"decision-maker" , for part 18 , division 7 , see section 234 .
"demountable tank" means a tank, other than a portable tank, that— (a) is
designed to be carried on a vehicle; and
(b) does not form part of and is not
permanently attached to the vehicle; and
(c) is designed to be removable.
"determination" means a decision made by the chief executive under section 23
or 24 that is in effect.
"driver authorising document" means a document evidencing a dangerous goods
driver licence.
"exemption" means an exemption given under section 153 of the Act that is in
effect. Note— Part 16 provides for matters relating to exemptions under
section 153 of the Act .
"fitness to drive standards" means the standards stated in the document called
‘Assessing Fitness to Drive for Commercial and Private Vehicle
Drivers—Medical Standards for Licensing and Clinical Management
Guidelines’ published by Austroads and the National Transport Commission.
"food" includes— (a) a substance prepared or intended for human or animal
consumption; and
(b) a substance, other than a dangerous good, intended to be
an ingredient of food.
"food packaging" means— (a) a receptacle that contains, or is designed or
intended to contain, food; or
(b) material designed or intended to be used in
a receptacle that is designed or intended to contain food.
"foreign approved" , in relation to packaging, means packaging that has the
markings required under part 6 of the ADG Code for packaging of its type, in
confirmation that the packaging is ADR, ICAO, IMO, RID or UN approved.
"freight container" means a re-usable container of the kind mentioned in
AS/NZS 3711 that is designed for repeated use for the transport of goods by 1
or more modes of transport.
"general packaging" , for part 4 , division 4 , see section 56 .
"goods too dangerous to be transported" means goods that are goods too
dangerous to be transported under section 33 .
"hose assembly" means a hose, or 2 or more hoses connected together, for use
in the transfer of dangerous goods to or from a tank on a vehicle, portable
tank or receptacle 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 the tank or receptacle; and
(c) anything else
other than the vehicle, portable tank or receptacle that is attached to the
hose or hoses.
"IBC" means an intermediate bulk container.
"ICAO technical instructions" means the document called ‘Technical
Instructions for the Safe Transport of Dangerous Goods by Air’, published by
the International Civil Aviation Organization, as amended from time to time.
"IMDG code" means the document called ‘International Maritime Dangerous
Goods Code’, published by the International Maritime Organization, as
amended from time to time.
"incompatible" means— (a) in relation to dangerous goods or other
goods—see section 37(1); or
(b) in relation to packaging or
equipment—see section 37(2).
"information" , for part 18 , division 7 , see section 234 .
"information notice" , for a decision made in relation to a person, means a
written notice stating— (a) the reasons for the decision; and
(b) that the
person may— (i) under section 65 of the Act —ask for the decision to be
reviewed by the chief executive; and
(ii) under the
Transport Planning and Coordination Act 1994 , part 5 , division 2 —apply
to QCAT for the decision to be stayed; and
(iii) under section 65A of the
Act —ask for the chief executive’s decision on the review (the
"reviewed decision" ) to be reviewed by QCAT; and
(iv) under the QCAT
Act—apply for the reviewed decision to be stayed.
"inner packaging" means packaging for which outer packaging is required for
the transport of dangerous goods under the ADG Code.
"interim transport authority" means an interim transport authority issued
under the Transport Planning and Coordination Regulation 2017 , section 7 .
"intermediate bulk container" see section 16 .
"journey" means the transport of dangerous goods from where the goods are
consigned to where the goods are delivered to the consignee.
"jurisdiction" means the Commonwealth or a State.
"large packaging" means outer packaging that— (a) is designed for mechanical
handling; and
(b) has a capacity of not more than 3m 3; and
(c) is intended
to contain articles or inner packaging with— (i) a net mass of more than
400kg; or
(ii) capacities totalling more than 450L.
"licence" , for part 18 , division 6 , see section 219 .
"licence document" , for part 18 , division 6 , see section 219 .
"licensee" , for— (a) part 18 , division 3 —see section 188 ; or
(b)
part 18 , division 6 —see section 219 .
"MEGC" means multiple-element gas container.
"multimodal" means applicable to, or suitable for use on, more than 1 mode of
transport.
"multiple-element gas container" see section 17 .
"NATA" means the National Association of Testing Authorities, Australia.
"other packaging" , for part 4 , division 5 , see section 62 .
"outer packaging" means external packaging, including absorbent materials,
cushioning and any other components, necessary for transport to contain and
protect— (a) an article; or
(b) a receptacle in composite packaging within
the meaning of section 1 .2.1.1 of the ADG Code; or
(c) inner packaging in
combination packaging within the meaning of section 1 .2.1.1 of the ADG Code.
"overpack" means packaging, other than large packaging, used to hold and
consolidate packages of goods into a single unit for easier handling and
stowage. Examples— • a pallet, together with strapping or shrink
wrapping, designed to hold packages
• a box or crate into which packages
are placed
"packaging" includes inner packaging, outer packaging, an overpack, large
packaging, an IBC, an MEGC, a tank (including the tank of a tank vehicle), a
bulk container, a freight container, a drum, a jerry can, a box and a bag.
"packed in limited quantities" see section 19 .
"packing group" , for dangerous goods, means the packing group to which the
dangerous goods belong under section 36 .
"participating jurisdiction" means— (a) this jurisdiction; or
(b) a
participating dangerous goods jurisdiction.
"placard" , when used as a noun, means— (a) a label within the meaning of
the ADG Code; or
(b) an emergency information panel within the meaning of the
ADG Code.
"placard load" means a load that contains dangerous goods and must be
placarded under section 83 .
"placards" , when used as a verb, see section 84 (1).
"portable tank" means a multimodal tank that— (a) is designed primarily to
be loaded onto a vehicle or ship; and
(b) has a capacity of more than 450L;
and
(c) is equipped with skids, mountings, stabilisers and accessories to
facilitate mechanical handling; and
(d) is capable of being loaded and
unloaded without removing its service equipment or structural equipment; and
(e) is capable of being lifted when full.
"prescribed dangerous goods" , for part 10 , division 2 , see section 116 .
"prescribed way" , for part 10 , division 2 , see section 116 .
"pressure drum" means a welded transportable pressure receptacle with a water
capacity of more than 150L but not more than 1,000L. Example of a welded
transportable pressure receptacle— a cylindrical receptacle equipped with a
rolling hoop or sphere on skids
"receptacle" , in relation to a substance or article, means a container that
is— (a) for receiving and holding the substance or article (including
anything that enables the container to be closed); and
(b) in contact with
the substance or article.
"recognised testing facility" , for a packaging design type, see section 51 .
"required emergency information" , for dangerous goods, for part 11 ,
division 2 , see section 129 .
"risk" means risk of personal injury, death, property damage or harm to the
environment.
"service equipment" has the meaning given by— (a) for a tank— section 6
.7.2.1, 6.7.3.1 or 6.7.4.1 of the ADG Code; or
(b) for an MEGC— section 6
.7.5.1 of the ADG Code.
"smartcard dangerous goods driver licence" means a dangerous goods driver
licence in the form of a card or something similar approved by the chief
executive and on which information may be stored electronically.
"special provision" , for part 3 , see section 39 .
"structural equipment" has the meaning given by— (a) for a tank—
section 6 .7.2.1, 6.7.3.1 or 6.7.4.1 of the ADG Code; or
(b) for an MEGC—
section 6 .7.5.1 of the ADG Code.
"subsidiary hazard" , for dangerous goods, means the subsidiary hazard to
which the dangerous goods belong under section 35.
"tank" see section 18 .
"tank vehicle" means a vehicle— (a) of which a tank forms a part; or
(b) to
which a tank other than a portable tank is attached.
"this jurisdiction" means the State.
"Transport and Infrastructure Council" means the council of Commonwealth, New
Zealand and State Ministers, established on 11 June 1993 and known as the
Transport and Infrastructure Council, but constituted so that it consists of
only 1 Minister representing each of the Commonwealth and the States. Note—
The Transport and Infrastructure Council was previously known as the
Australian Transport Council.
"tube" means a seamless transportable pressure receptacle with a water
capacity of more than 150L but not more than 3,000L.
"UN class" , for dangerous goods, means the class to which the dangerous goods
belong under section 34 .
"UN division" , for dangerous goods, means the division to which the dangerous
goods belong under section 34 .
"unsuitable" , in relation to packaging, see section 47 .
"vehicle" , for part 18 , division 4 , see section 205 .
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