Tasmanian Numbered Acts

DANGEROUS GOODS ACT 1998 (NO. 6 OF 1998) - SECT 3

3. Interpretation

In this Act, unless the contrary intention appears –

"authorised officer" means an authorised officer appointed under section 10;

"Competent Authority" means the Competent Authority specified in section 9(1) or a Competent Authority appointed under section 9(2);

"contravene" includes fail to comply;

"dangerous goods" means –

(a) a substance or article prescribed as dangerous goods; or

(b) a substance or article determined by a Competent Authority in accordance with the regulations to be dangerous goods;

"dangerous situation" means a situation, involving the handling of dangerous goods, that is causing or is likely to cause imminent risk of death or injury to a person or harm to the environment or to property;

"drive" includes operate;

"equipment" includes machinery;

"government authority" means –

(a) a Government department within the meaning of the Tasmanian State Service Act 1984 or a discrete administrative part of such a department; or

(b) a State authority within the meaning of the Tasmanian State Service Act 1984 ; or

(c) a council, or a joint authority within the meaning of the Local Government Act 1993 ; or

(d) a Competent Authority;

"handling" includes –

(a) in the case of any dangerous goods – manufacturing, packing, marking, transporting, storing, selling, supplying and using those dangerous goods and any incidental activities; and

(b) in the case of dangerous goods in the form of a liquid or gas – discharging and pumping those dangerous goods and any incidental activities;

"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;

"involvement in the handling of dangerous goods" includes –

(a) importing, or arranging for the importation of, dangerous goods into Tasmania; and

(b) marking or placarding packages and unit loads containing dangerous goods for handling, and placarding containers and vehicles in which dangerous goods are handled; and

(c) consigning dangerous goods for transport; and

(d) loading dangerous goods onto a vehicle, or into a container that is to be put on a vehicle, for transport or unloading dangerous goods that have been transported; and

(e) undertaking, or being responsible for, otherwise than as an employee or subcontractor, the handling of dangerous goods; and

(f) driving a vehicle carrying dangerous goods; and

(g) being the consignee of transported dangerous goods; and

(h) being involved as a director, secretary or manager of a body corporate, or other person who takes part in the management of a body corporate, that takes part in an activity covered by this definition;

"manufacture" includes refining, distilling, making, remaking, breaking-up, sorting-out and reconditioning;

"marking" includes labelling;

"Ministerial Council" means the Ministerial Council for Road Transport established by an agreement known as the Heavy Vehicles Agreement which was made on 30 July 1991 between the Commonwealth, the States and the Australian Capital Territory, a copy of which is set out in Schedule 1 to the National Road Transport Commission Act 1991 of the Commonwealth;

"offence" means an offence against this Act;

"police officer" means a police officer within the meaning of the Police Regulation Act 1898 ;

"premises" includes a structure, whether permanent or temporary, and land, but does not include a vehicle;

"regulations" means regulations made and in force under this Act;

"store" includes keep and possess;

"transport" , in relation to dangerous goods, includes –

(a) the packing, loading and unloading of the goods, and the transfer of the goods to or from a vehicle, premise or place, for the purpose of their transport by vehicle, pipeline or other means; and

(b) the marking or placarding of packages and unit loads containing the goods, and the placarding of containers and vehicles and pipelines in which the goods are transported; and

(c) other matters incidental to the transport of the goods;

"vehicle" includes any kind of –

(a) vessel; or

(b) aircraft; or

(c) vehicle built or adapted to move on rails; or

(d) motor vehicle, being a vehicle that is built to be propelled by a motor that forms part of the vehicle; or

(e) trailer, being a vehicle that is built or adapted to be towed by a motor vehicle.