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TASMANIA
__________
DANGEROUS GOODS AND SUBSTANCES
(TRANSITIONAL AND CONSEQUENTIAL
PROVISIONS) BILL 2005
__________
CONTENTS
PART 1 - PRELIMINARY
1. Short title
2. Commencement
PART 2 - SAVINGS AND TRANSITIONAL
3. Interpretation of Part
4. Savings and transitional regulations
5. Certain regulations under superseded Act continue as regulations
under new Act
6. Continuation of other regulations
7. Preservation of relevant decisions, &c., of Competent
Authorities
8. Extension of authorised officer appointments
PART 3 - ADMINISTRATION AND CONSEQUENTIAL
9. Administration of Act
10. Consequential Amendments
11. Consequential amendments of regulations do not prevent their
subsequent amendment
SCHEDULE 1 - CONSEQUENTIAL AMENDMENTS
[Bill 66]-III
2
DANGEROUS GOODS AND SUBSTANCES
(TRANSITIONAL AND CONSEQUENTIAL
PROVISIONS) BILL 2005
(Brought in by the Minister for Infrastructure, Energy and
Resources, the Honourable Bryan Alexander Green)
A BILL FOR
An Act to provide for savings and transitional matters and
to amend certain legislation consequent on the enactment
of the Dangerous Substances (Safe Handling) Act 2005 and
Dangerous Goods Amendment Act 2005
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
PART 1 - PRELIMINARY
1. Short title
This Act may be cited as the Dangerous Goods
and Substances (Transitional and Consequential
Provisions) Act 2005.
2. Commencement
This Act commences on the day on which the
Dangerous Substances (Safe Handling) Act 2005
commences.
THIS BILL IS COGNATE WITH THE DANGEROUS SUBSTANCES (SAFE HANDLING) BILL
2005 AND THE DANGEROUS GOODS AMENDMENT BILL 2005
[Bill 66] 3
s. 3 No. Dangerous Goods and Substances 2005
(Transitional and Consequential
Provisions)
PART 2 - SAVINGS AND TRANSITIONAL
3. Interpretation of Part
In this Part -
"commencement day" means the day on
which the Dangerous Substances (Safe
Handling) Act 2005 commences;
"new legislative scheme" means the scheme
relating to dangerous goods and
dangerous substances under the
Dangerous Substances (Safe Handling)
Act 2005 and Dangerous Goods (Safe
Transport) Act 1998;
"old legislative scheme" means the
legislative scheme relating to dangerous
goods under the superseded Act;
"relevant Act" means -
(a) this Act; or
(b) the Dangerous Substances (Safe
Handling) Act 2005; or
(c) the Dangerous Goods (Safe
Transport) Act 1998;
"superseded Act" means the Dangerous
Goods Act 1998 as in force immediately
before the commencement day.
4
2005 Dangerous Goods and Substances No. s. 4
(Transitional and Consequential
Provisions)
4. Savings and transitional regulations
(1) The Governor may make regulations of a
savings and transitional nature consequent on the
enactment of the Dangerous Substances (Safe
Handling) Act 2005 and the Dangerous Goods
Amendment Act 2005 to effect, and facilitate, the
transition from the old legislative scheme to the
new legislative scheme.
(2) Without limiting the generality of subsection (1),
regulations made under that subsection may -
(a) be made so as to have effect in respect of
either, or both, of the other relevant Acts;
and
(b) provide for the preservation,
continuation, variation or revocation of
decisions or actions taken under the old
legislative scheme; and
(c) provide for the preservation,
continuation, variation or revocation of
notices or other instruments given or
issued under the old legislative scheme;
and
(d) deal with any incidental or ancillary
matters.
(3) Regulations made under subsection (1) may -
(a) take effect on the commencement day or
a later day as specified in the regulations,
whether the day so specified is before, on
or after the day on which the regulations
are made; and
5
s. 5 No. Dangerous Goods and Substances 2005
(Transitional and Consequential
Provisions)
(b) be made so as to apply differently
according to matters, limitations or
restrictions, whether as to time,
circumstance or otherwise, specified in
the regulations; and
(c) authorise any matter to be from time to
time determined, applied or regulated
by -
(i) the Secretary; or
(ii) an authorised officer for a
relevant Act; and
(d) if they so provide, prevail over an
inconsistent provision of any regulations
made under the superseded Act.
5. Certain regulations under superseded Act continue
as regulations under new Act
(1) The Dangerous Goods (General) Regulations
1998 and Dangerous Goods (Fees) Regulations
1998 in force under the superseded Act
immediately before the commencement day are
taken, on that day, to be valid regulations made
and in force under the Dangerous Substances
(Safe Handling) Act 2005 and, consequently,
may be amended or rescinded under that Act.
(2) Nothing in subsection (1) is to be taken as
restricting the operation of section 11 of the
Subordinate Legislation Act 1992 in respect of
the regulations referred to in that subsection.
6
2005 Dangerous Goods and Substances No. s. 6
(Transitional and Consequential
Provisions)
6. Continuation of other regulations
(1) For the avoidance of doubt, the Dangerous
Goods (Road and Rail Transport) Regulations
1998 in force under the superseded Act
immediately before the commencement day
continue as valid regulations under the
Dangerous Goods (Safe Transport) Act 1998
and, consequently, may be amended or rescinded
under that Act.
(2) Nothing in subsection (1) is to be taken as
restricting the operation of section 11 of the
Subordinate Legislation Act 1992 in respect of
the regulations referred to in that subsection.
7. Preservation of relevant decisions, &c., of
Competent Authorities
(1) A decision, determination or delegation made by
a Competent Authority under the superseded Act
and having force and effect immediately before
the commencement day continues in force and
effect on and after that day, according to its
terms, as a decision, determination or delegation
of the Secretary under the Dangerous Goods
(Safe Transport) Act 1998.
(2) However, subsection (1) only applies if the
decision, determination or delegation is relevant
and translatable to the Dangerous Goods (Safe
Transport) Act 1998.
(3) For the purposes of subsection (2), a decision,
determination or delegation is relevant and
translatable to the Dangerous Goods (Safe
7
s. 8 No. Dangerous Goods and Substances 2005
(Transitional and Consequential
Provisions)
Transport) Act 1998 if a decision, determination
or delegation in the same terms would be
capable of being made, after commencement
day, under that Act.
(4) Nothing in this section is to be taken as
restricting the operation of section 16 of the Acts
Interpretation Act 1931 in so far as that section
is applicable to the transition from the old
legislative scheme to the new legislative scheme.
8. Extension of authorised officer appointments
A person who held an appointment under section
10(1) of the superseded Act immediately before
the commencement day is taken, on that day, to
have been appointed by the Secretary as an
authorised officer under section 55(1) of the
Dangerous Substances (Safe Handling) Act
2005.
8
2005 Dangerous Goods and Substances No. s. 9
(Transitional and Consequential
Provisions)
PART 3 - ADMINISTRATION AND CONSEQUENTIAL
9. Administration of Act
Until provision is made in relation to this Act by
order under section 4 of the Administrative
Arrangements Act 1990 -
(a) the administration of this Act is assigned
to the Minister for Infrastructure, Energy
and Resources; and
(b) the department responsible to that
Minister in relation to the administration
of this Act is the Department of
Infrastructure, Energy and Resources.
10. Consequential Amendments
The legislation specified in Schedule 1 is
amended as specified in that Schedule.
11. Consequential amendments of regulations do not
prevent their subsequent amendment
The amendment by this Act of a provision of any
regulations does not prevent that or any other
provision of those regulations from being
amended or rescinded by a subsequent
regulation.
9
sch. 1 No. Dangerous Goods and Substances 2005
(Transitional and Consequential
Provisions)
SCHEDULE 1 - CONSEQUENTIAL AMENDMENTS
Section 10
Admission to Courts Regulations 1995
1. Regulation 3 is amended by omitting the
definition of "explosive".
Approvals (Deadlines) Act 1993
1. Schedule 1 is amended by omitting
Dangerous Goods Act 1976
Licence to manufacture 21 days from the day on
dangerous goods which an application under
section 7 (2) of the
Dangerous Goods Act 1976
is received by the Chief
Inspector of Explosives.
Approval to alter premises 21 days from the day on
for the manufacture of which an application under
dangerous goods section 7 (5) of the
Dangerous Goods Act 1976
is received by the Chief
Inspector of Explosives.
10
2005 Dangerous Goods and Substances No. sch. 1
(Transitional and Consequential
Provisions)
Licence to import or export 21 days from the day on
dangerous goods which an application under
regulation 14 of the
Dangerous Goods
Regulations 1992 is
received by the Chief
Inspector of Explosives.
Licence to convey 21 days from the day on
explosives which an application under
regulation 29 of the
Dangerous Goods
Regulations 1992 is
received by the Chief
Inspector of Explosives.
Licence in respect of depot 21 days from the day on
for keeping dangerous which an application under
goods regulation 38 of the
Dangerous Goods
Regulations 1992 is
received by the Chief
Inspector of Explosives.
Licence to sell dangerous 21 days from the day on
goods which an application under
regulation 90 (3) of the
Dangerous Goods
Regulations 1992 is
received by the Chief
Inspector of Explosives.
11
sch. 1 No. Dangerous Goods and Substances 2005
(Transitional and Consequential
Provisions)
Permit to import or export a 21 days from the day on
shipment of explosives which an application under
regulation 15 (1) of the
Dangerous Goods
Regulations 1992 is
received by the Chief
Inspector of Explosives.
Gas supplier's licence 21 days from the day on
which an application under
regulation 77 (1) of the
Dangerous Goods
Regulations 1992 is
received by the Chief
Inspector of Explosives.
.
Building Regulations 2004
1. Regulation 4 is amended by omitting paragraph
(k) and substituting the following paragraph:
(k) an explosives magazine, a tank
containing dangerous substances or a gas
installation if the use of that magazine,
tank or installation is controlled under
the Dangerous Substances (Safe
Handling) Act 2005;
Environmental Management and Pollution Control (Waste
Management) Regulations 2000
12
2005 Dangerous Goods and Substances No. sch. 1
(Transitional and Consequential
Provisions)
1. Regulation 4(5) is amended by omitting
"Dangerous Goods Act 1998 or any regulations
made under that Act" and substituting
"Dangerous Substances (Safe Handling) Act
2005 or Dangerous Goods (Safe Transport) Act
1998 or any regulations made under either of
those Acts".
2. Regulation 5 is amended by omitting paragraph
(b) and substituting the following paragraphs:
(b) a dangerous good within the meaning of
the Dangerous Substances (Safe
Handling) Act 2005;
(ba) dangerous goods within the meaning of
the Dangerous Goods (Safe Transport)
Act 1998;
Fire Service Act 1979
1. Section 29 is amended as follows:
(a) by omitting from subsection (12)
"hazardous substance" and substituting
"dangerous substance";
(b) by omitting subsection (13) and
substituting the following subsection:
(13) In this section -
"dangerous substance"
means a dangerous
substance within the
meaning of the
13
sch. 1 No. Dangerous Goods and Substances 2005
(Transitional and Consequential
Provisions)
Dangerous Substances
(Safe Handling) Act 2005.
2. Section 51(3) is amended by omitting
"Dangerous Goods Act 1998" and substituting
"Dangerous Substances (Safe Handling) Act
2005 or Dangerous Goods (Safe Transport) Act
1998".
3. Section 133(3) is amended by omitting
paragraphs (a), (b), (d), (e) and (f) and
substituting the following paragraphs:
(a) the Dangerous Goods (Safe Transport)
Act 1998; or
(b) the Dangerous Substances (Safe
Handling) Act 2005; or
(c) the Public Health Act 1997; or
(d) the Traffic Act 1925; or
(e) the Vehicle and Traffic Act 1999; or
(f) the Workplace Health and Safety Act
1995; or
(g) any Act relating to building -
Gas Act 2000
1. Section 6 is amended by omitting "or the
Dangerous Goods Act 1998" and substituting ",
Dangerous Substances (Safe Handling) Act 2005
14
2005 Dangerous Goods and Substances No. sch. 1
(Transitional and Consequential
Provisions)
or Dangerous Goods (Safe Transport) Act
1998".
Gas Pipelines Act 2000
1. Section 6 is amended by omitting "or the
Dangerous Goods Act 1998" and substituting ",
Dangerous Substances (Safe Handling) Act 2005
or Dangerous Goods (Safe Transport) Act
1998".
Plumbers and Gas-fitters Registration Act 1951
1. Section 9 is amended as follows:
(a) by omitting subsection (2A);
(b) by omitting from subsection (3A) "or, in
the case of gas-fitting, who is the holder
of a subsisting prescribed exemption";
(c) by omitting from subsection (3B) "or, in
the case of gas-fitting, who is the holder
of a subsisting prescribed exemption";
(d) by omitting subsection (5).
Poisons Regulations 2002
1. Regulation 73 is amended by omitting paragraph
(c) and substituting the following paragraph:
(c) as authorised under the Dangerous
Substances (Safe Handling) Act 2005 or
any other relevant Act.
15
sch. 1 No. Dangerous Goods and Substances 2005
(Transitional and Consequential
Provisions)
Security-sensitive Dangerous Substances Act 2005
1. Section 7 is amended by omitting "Dangerous
Goods Act 1998," and substituting "Dangerous
Goods (Safe Transport) Act 1998, Dangerous
Substances (Safe Handling) Act 2005,".
Traffic (Road Rules) Regulations 1999
1. Schedule 6 is amended by omitting clause 12
from Division 2 of Part 2 and substituting:
12. Rule 216: Dangerous goods and placard load
For rule 216, dangerous goods for the
Road Rules are dangerous goods within
the meaning of the Dangerous Goods
(Safe Transport) Act 1998.
Vehicle and Traffic (Driver Licensing and Vehicle
Registration) Regulations 2000
1. Regulation 6(12) is amended by omitting
"Dangerous Goods Act 1998" and substituting
"Dangerous Goods (Safe Transport) Act 1998".
Vehicle and Traffic (Vehicle Standards) Regulations 2001
1. Regulation 172 is amended by omitting
"Dangerous Goods Act 1998" from the
definition of "dangerous goods" and substituting
"Dangerous Goods (Safe Transport) Act 1998".
16
2005 Dangerous Goods and Substances No. sch. 1
(Transitional and Consequential
Provisions)
Vehicle and Traffic Act 1999
1. Section 49(7) is amended by omitting paragraph
(d) from the definition of "related Act" and
substituting:
(d) the Dangerous Goods (Safe Transport)
Act 1998.
Workplace Health and Safety Regulations 1998
1. Regulation 7(1) is amended by omitting
paragraphs (f) and (g) and substituting the
following paragraphs:
(f) the Dangerous Goods (Safe Transport)
Act 1998;
(g) the Dangerous Substances (Safe
Handling) Act 2005;
Government Printer, Tasmania 17