Tasmania: Dangerous Goods (Road and Rail Transport) Act 2010 (Tas)

Dangerous Goods (Road and Rail Transport) Act 2010 An Act to regulate by nationally consistent legislation the transport of dangerous goods by road and rail in order to promote public safety and protect property and the environment, to repeal the Dangerous Goods (Safe Transport) Act 1998 and for related and consequential purposes [Royal Assent 17 September 2010] 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 (Road and Rail Transport) Act 2010 . 2. Commencement The provisions of this Act commence on a day to be proclaimed. 3. Purpose (1) The purpose of this Act is to regulate the transport of dangerous goods by road and rail in order to promote public safety and protect property and the environment. (2) It is the intention of Parliament that the purpose of this Act will be achieved in the context of nationally consistent road and rail transport laws, having regard to regional and modal differences. 4. Definitions (1) In this Act, unless the contrary intention appears – associate has the meaning given by section 4A ; authorised, in relation to the driving of a vehicle or the running of an engine, has the meaning given by section 4G(3) ; authorised officer means an authorised officer appointed under section 12 ; broken down has the meaning given by section 4I ; combination means a road vehicle consisting of a vehicle with a motor and one or more trailers; Competent Authority means the relevant Competent Authority appointed under section 11 ; compliance purposes has the meaning given by subsection (2) ; consignor has the meaning given by section 4B ; consigns has the meaning given by section 4B ; corresponding authority means a Competent Authority appointed under a corresponding law; corresponding law means – (a) a law of another jurisdiction corresponding, or substantially corresponding, to this Act; or (b) a law of another jurisdiction that is declared under the regulations to be a corresponding law, whether or not the law corresponds, or substantially corresponds, to this Act; dangerous goods means – (a) a substance or article prescribed as dangerous goods; or (b) a substance or article determined by the Competent Authority, in accordance with the regulations, to be dangerous goods; dangerous situation means a situation that is causing, or is likely to cause, imminent risk of death or serious injury to a person, significant harm to the environment or significant damage to property; driver, of a vehicle, includes – (a) a two-up driver of the vehicle who is present in or near the vehicle; and (b) a person who is driving the vehicle as a driver under instruction or under an appropriate learner licence or learner permit; and (c) if the vehicle is a unit of rolling stock forming part of a train but is not its locomotive, the driver of the train; and (d) if the vehicle is a trailer, the driver of the motor vehicle towing the trailer; driver licence means a licence (including a probationary and a conditional licence) issued under a State law authorising the licensee to drive a road vehicle, but does not include – (a) a licence issued under this Act; or (b) a provisional or learner licence; employee means an individual who works under a contract of employment, apprenticeship or training; employer means a person who employs persons under – (a) contracts of employment, apprenticeship or training; or (b) contracts for services; fit, in relation to the driving of a vehicle, has the meaning given by section 4G(2) ; goods too dangerous to be transported means – (a) a substance or article prescribed as goods too dangerous to be transported; or (b) a substance or article determined by the Competent Authority, in accordance with the regulations, to be goods too dangerous to be transported; government authority means – (a) a department or an administrative unit of the public service; or (b) an agency or instrumentality of the Crown; or (c) a local government body; or (d) the Competent Authority; identity card means a card – (a) issued to an authorised officer under section 12(4) ; or (b) issued under another Act with an endorsement under section 12(5) ; improvement notice means an improvement notice issued under section 72 ; intelligent transport system means a system involving the use of electronic or other technology (whether located in or on a vehicle, or on or near a road or rail, or elsewhere) that has the capacity and capability to monitor, collect, store, display, analyse, transmit or report information relating to – (a) a vehicle or its equipment or load, the driver of a vehicle, the operator of a fleet of vehicles or another person involved in road or rail transport; and (b) without limiting the above, whether a vehicle is being operated in conformity with this Act and authorisations issued under it; involvement in the transport of dangerous goods includes – (a) importing, or arranging for the importation of, dangerous goods into Australia; and (b) packing dangerous goods for transport; and (c) marking or labelling packages containing dangerous goods for transport and placarding vehicles and packaging on or in which dangerous goods are transported; and (d) consigning dangerous goods for transport, including the preparation of transport documentation; and (e) loading dangerous goods for transport or unloading dangerous goods that have been transported; and (f) undertaking, or being responsible for, otherwise than as an employee or subcontractor, the transport of dangerous goods; and (g) driving a vehicle carrying dangerous goods; and (h) being the consignee of dangerous goods that are transported; and (i) 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; 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; load has the meaning given by section 4D ; loader has the meaning given by section 4D ; offence means an offence against this Act; operator has the meaning given by section 4E ; owner, in respect of a vehicle, means a person who – (a) is the sole owner, a joint owner or a part owner of the vehicle; or (b) has possession or use of the vehicle under a credit, hire-purchase, lease or other agreement, except an agreement requiring the vehicle to be registered in the name of someone else; pack has the meaning given by section 4C ; package, in relation to goods, means the complete product of the packing of the goods for transport and consists of the goods and their packaging; packaging, in relation to goods, means anything that contains, holds, protects or encloses the goods, whether directly or indirectly, to enable them to be received or held for transport, or to be transported, and includes anything prescribed by the regulations to be packaging; Note It may be that the container constitutes the whole of the packaging, as in the case of a drum, in which dangerous goods are directly placed. Unlike in United Nations publications relating to the transport of dangerous goods, the term packaging is used in this Act in its ordinary meaning. packer has the meaning given by section 4C ; placard means a label or emergency information panel that is required by the regulations to be used in the transporting of dangerous goods; premises includes a structure, whether permanent or temporary, and land, but does not include a vehicle; prime contractor, in respect of the transport of dangerous goods by road, means the person who, in conducting a business for or involving the transport of dangerous goods by road, has undertaken to be responsible for, or is responsible for, the transport of the goods by road; public authority means – (a) the Crown in any capacity; or (b) a body established by or under law, or the holder of an office established by or under law, for a public purpose, including a local government authority; or (c) a police force or police service; public place includes a place – (a) of public resort open to or used by the public as of right; or (b) for the time being – (i) used for a public purpose; or (ii) open to access by the public – whether on payment or otherwise; or (c) open to access by the public by the express or tacit consent or sufferance of the owner of that place, whether the place is or is not always open to the public; qualified, in relation to the driving of a vehicle, has the meaning given by section 4G(1) ; rail operator, in respect of the transport of dangerous goods by rail, means the person who has undertaken to be responsible, or is responsible, for – (a) the transport of the goods by rail; or (b) the condition of a unit of rolling stock transporting the goods; residential purposes has the meaning given by section 42 ; road has the meaning given by section 4J ; road-related area has the meaning given by section 4J ; road law means the Traffic Act 1925 and the Vehicle and Traffic Act 1999 ; Note This definition of road law includes all regulations, rules and by-laws made under the two Acts. In particular, road law includes the Road Rules. State includes a Territory; this Act includes the regulations; trailer means a road vehicle that is designed to be towed, or is towed, by another road vehicle but does not include a road vehicle propelled by a motor that forms part of that vehicle; train means 2 or more units of rolling stock (at least one unit of which is a locomotive or self-propelled unit) that are coupled together; 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, for the purpose of their transport; and (b) the marking or labelling of packages containing dangerous goods, and the placarding of vehicles and packaging in or on which dangerous goods are transported; and (c) other matters incidental to their transport; transport documentation means documentation required by the regulations for the transport of dangerous goods; two-up driver means a person accompanying a driver of a vehicle on a journey or part of a journey, who has been, is or will be sharing the task of driving the vehicle during the journey; unit of rolling stock means a conveyance that is designed to run on rails while it is on a railway track; vehicle means – (a) a road vehicle, including a combination; or (b) a unit of rolling stock; warrant means a warrant issued under section 49 . (2) For the purposes of this Act, a power to give a direction or to inspect a vehicle or premises or to search premises is exercised for compliance purposes if the power is exercised – (a) to find out whether this Act is being complied with; or (b) to investigate an offence or suspected offence. 4A. Meaning of associate (1) A person is an associate of another person if – (a) he or she is a spouse, parent, brother, sister or child of the other person; or (b) they are members of the same household; or (c) they are partners; or (d) they are both trustees or beneficiaries of the same trust, or one is a trustee and the other is a beneficiary of the same trust; or (e) one is a body corporate and the other is a director or member of the governing body of the body corporate; or (f) one is a body corporate (other than a public company whose shares are listed on the stock exchange) and the other is a shareholder in the body corporate; or (g) they are related bodies corporate within the meaning of the Corporations Act 2001 of the Commonwealth; or (h) a chain of relationships can be traced between them under any one or more of the above paragraphs. (2) For the purposes of subsection (1) , a beneficiary of a trust includes an object of a discretionary trust. 4B. Meaning of consign and consignor (1) A person consigns dangerous or other goods for transport, and is the consignor of the goods, if – (a) subsection (2) applies to the person; or (b) subsection (2) does not apply to the person or anyone else, but subsection (3) applies to the person; or (c) subsections (2) and (3) do not apply to the person or anyone else, but subsection (4) applies to the person. (2) This subsection applies to a person who, with the person's authority, is named or otherwise identified in transport documentation as the consignor of the goods. (3) This subsection applies to a person who – (a) engages a prime contractor or rail operator, either directly or through an agent or other intermediary, to transport the goods; or (b) if paragraph (a) does not apply, has possession of, or control over, the goods in this jurisdiction immediately before the goods are transported; or (c) if neither paragraph (a) nor (b) applies, loads a vehicle with the goods, for transport, at a place – (i) where dangerous goods are awaiting collection; and (ii) that is unattended (except by the driver) during loading. (4) This subsection applies to a person if – (a) the goods are imported into Australia; and (b) the person is the importer of the goods. 4C. Meaning of pack and packer A person packs dangerous or other goods for transport, and is a packer of the goods, if the person – (a) puts the goods in the packaging (even if that packaging is already on a vehicle); or (b) assembles, places or secures packages in packaging designed to hold, enclose or otherwise contain more than one package (even if that packaging is already on a vehicle); or (c) supervises an activity mentioned in paragraph (a) or (b) ; or (d) manages or controls an activity mentioned in paragraph (a) , (b) or (c) . Note For example, a person who uses a hose to fill the tank of a tank vehicle with petrol packs the petrol for transport for the purposes of this Act. 4D. Meaning of load and loader (1) A person loads dangerous or other goods for transport, and is a loader of the goods, if the person – (a) loads one or more packages of the goods in or on a vehicle; or (b) places or secures one or more packages of the goods on a vehicle; or (c) supervises an activity mentioned in paragraph (a) or (b) ; or (d) manages or controls an activity mentioned in paragraph (a) , (b) or (c) . (2) Subsection (1) does not apply to the loading of goods into packaging that is already on a vehicle nor to the placing or securing of packages in or on a further packaging that is already on a vehicle. 4E. Meaning of operator (1) A person is the operator of a vehicle if – (a) in the case of a vehicle (including a vehicle in a group of vehicles that are physically connected), the person is responsible for controlling or directing the operations of the vehicle; or (b) in the case of a group of vehicles that are physically connected, the person is responsible for controlling or directing the operations of the towing vehicle in the group. (2) A person is not an operator merely because the person owns a vehicle or does any or all of the following: (a) drives a vehicle; (b) maintains or arranges for the maintenance of a vehicle; (c) arranges for the registration of a vehicle. 4F. References to rolling stock For the purposes of this Act, rolling stock that is designed to operate or be used on the road or on a railway track is rolling stock only while it is being operated or used on a railway track. 4G. Meaning of qualified, fit or authorised to drive or to run an engine (1) For the purposes of this Act, a person is qualified to drive a vehicle or to run its engine if he or she – (a) holds a driver licence of the appropriate class to drive the vehicle, and the driver licence is not suspended; and (b) is not prevented by or under a law (including, for example, by the conditions of the licence) from driving the vehicle at the relevant time. (2) For the purposes of this Act, a person is fit to drive a vehicle or to run its engine if he or she – (a) is apparently physically and mentally fit to drive the vehicle; and (b) without limiting the above, is not apparently affected by either or both – (i) alcohol; or (ii) any drug that affects his or her fitness to drive; and (c) does not at the time have a concentration of alcohol in his or her blood that exceeds the amount permitted by a law of Tasmania; and (d) does not at the time have a concentration of a drug, that affects his or her fitness to drive, in his or her blood or oral fluid that exceeds the amount permitted by a law of Tasmania. (3) For the purposes of this Act, a person is authorised – (a) to drive a vehicle if he or she is its operator or has the authority of the operator to drive it; or (b) to run the engine of a vehicle if he or she is its operator or has the authority of the operator to drive the vehicle or to run the engine – regardless of whether or not he or she is qualified to drive the vehicle or to run its engine. 4H. Meaning of unattended vehicle and driver of disconnected trailer (1) For the purposes of this Act, a vehicle is unattended if – (a) where the authorised officer concerned – (i) is present at the scene, there is, after inspection and enquiry by the officer that is reasonable in the circumstances, apparently no person in, on or in the vicinity of the vehicle who appears to be a driver of the vehicle; or (ii) is not present at the scene but is able to inspect the scene by means of a camera or other remote surveillance system, there is, after inspection by the officer that is reasonable in the circumstances, apparently no person in, on or in the vicinity of the vehicle who appears to be a driver of the vehicle; or (b) where there is apparently such a person in, on or in the vicinity of the vehicle, the officer believes on reasonable grounds that – (i) the person is not qualified, not fit or not authorised to drive it; or (ii) the person is or appears to be unwilling to drive it; or (iii) the person is subject to a direction under section 24 (Direction to leave vehicle) in relation to the vehicle. (2) A reference in this Part to the driver of a vehicle is, in a case where the vehicle is a trailer and is not connected (either directly or by one or more other trailers) to a towing vehicle, a reference to the driver of the towing vehicle of the combination to which the trailer was, or apparently was, last connected. 4I. Meaning of broken down, in relation to vehicles For the purposes of this Act – (a) a motor vehicle is broken down if it is not possible to drive the vehicle because it is disabled through damage, mechanical failure, lack of fuel or any similar reason; and (b) a trailer is broken down if it is not connected (either directly or by one or more other trailers) to a towing vehicle, whether or not the trailer is also disabled through damage, mechanical failure or any similar reason. 4J. Road and road-related areas (1) Each reference in this Act to a road includes a reference to a road-related area. (2) Road and road-related area have the same meanings as they have in the Road Rules . 4K. Examples (1) Examples are part of this Act and the regulations. (2) An example of the operation of a provision of this Act or the regulations – (a) is not exhaustive; and (b) may extend the meaning of the provision; and (c) does not limit the meaning of the provision, unless the contrary intention appears. 4L. Notes (1) Notes that are at the foot of a provision are part of this Act and the regulations. (2) Marginal notes, footnotes at the bottom of a page and endnotes are not part of this Act or the regulations. 5. Binding the Crown (1) This Act binds the Crown in right of this jurisdiction and, in so far as the legislative power of Parliament permits, the Crown in all its other capacities. (2) Nothing in this Act renders the Crown liable to be prosecuted for an offence. 6. Application of Commonwealth Acts Interpretation Act (1) The Acts Interpretation Act 1901 of the Commonwealth applies to the interpretation of this Act, except that Gazette and Minister have the same meaning as in the Acts Interpretation Act 1931 . (2) This section does not prevent the Acts Interpretation Act 1931 from applying to the interpretation of this Act to the extent that it can do so consistently with the application of the provisions of the Acts Interpretation Act 1901 of the Commonwealth. (3) This section has effect subject to section 4 . 7. Scope of this Act (1) This Act does not apply to – (a) dangerous goods that are, or form part of, personal safety equipment of persons in a vehicle transporting dangerous goods; and (b) dangerous goods that are in a container that is designed to form part of, and forms part of, the fuel or battery system of a vehicle's engine, auxiliary engine, fuel-burning appliance or other part of a vehicle's propulsion equipment. (2) The sections of this Act have effect despite any other law. PART 2 - Regulations 8. Powers to make regulations and adoption of codes and standards (1) The Governor may make regulations prescribing matters – (a) required or permitted to be prescribed by this Act; or (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act. (2) Without limiting the generality of subsection (1) , the regulations may make provision relating to one or more of the following: (a) identifying and classifying goods as dangerous goods and the identification and classification of dangerous goods; (b) identifying, classifying and regulating goods that are too dangerous to be transported, including prohibiting the transport of such goods; (c) the making of determinations by the Competent Authority in relation to – (i) the identification and classification of goods as dangerous goods; and (ii) the identification and classification of dangerous goods; and (iii) the specification, for transport purposes, of what is, and what is not, compatible with dangerous goods; and (iv) prohibiting or regulating the transport of dangerous goods by road or rail; and (v) regulating the containment of dangerous goods that are being, or that are to be, transported by road or rail; (d) the analysis and testing of dangerous goods; (e) fees that are to be paid for things done under this Act; (f) the marking and labelling of packages containing dangerous goods for transport and the placarding of containers, vehicles and packaging on or in which dangerous goods are transported; (g) containers, vehicles, packaging, equipment and other items used in the transport of dangerous goods; (h) the manufacture of containers, vehicles, packaging, equipment and other items for use in the transport of dangerous goods; (i) accreditation schemes, including privileges to be accorded or sanctions to be imposed under the schemes and the cancellation or suspension of the schemes; (j) the loading of dangerous goods for, and the unloading of dangerous goods after, their transport; (k) the determination by the Competent Authority of routes along which, the areas in which and the times during which dangerous goods may or may not be transported; (l) procedures for the transport of dangerous goods, including – (i) the quantities and circumstances in which dangerous goods, or particular types of dangerous goods, may be transported; and (ii) safety procedures and equipment required; (m) the licensing of – (i) vehicles and drivers for the purpose of the transport of dangerous goods; and (ii) persons involved in the transport of dangerous goods or for vehicles used in that transport; (n) the mandatory accreditation of persons involved in the transport of dangerous goods or particular aspects of that transport; (o) the approval by the Competent Authority of the form in which applications are to be made to the Authority, and the form in which documents are to be issued by the Authority, for the purposes of the regulations; (p) the approval by the Competent Authority of – (i) vehicles, packaging, equipment and other items used in relation to the transport of dangerous goods; and (ii) facilities for, and methods of, testing or using vehicles, packaging, equipment and other items used in relation to the transport of dangerous goods; and (iii) processes carried out in relation to the transport of dangerous goods; (q) documents required to be prepared or kept by persons involved in the transport of dangerous goods and the approval by the Competent Authority of alternative documentation; (r) obligations arising, and procedures to be followed, in the event of a dangerous situation in relation to the transport of dangerous goods; (s) the training and qualifications required of authorised officers and other persons performing functions under this Act; (t) the training and qualifications required of persons involved in, and the approval of training courses and qualifications relating to involvement in, the transport of dangerous goods; (u) the recognition of laws of other jurisdictions relating to the transport of dangerous goods and of things done under those laws, and the giving of effect to those things; (v) infringement notices, and documents and costs relating to infringement notices; (w) the recognition of a body, consisting of the Competent Authority and other equivalent bodies in other jurisdictions, that is to make decisions and to provide oversight on decisions made under this Act or the regulations, for the purposes of national uniformity and other matters in relation to such a body, including the recognition of decisions made by such a body; (x) the recognition of accredited providers of training, package testing, design verification and other similar activities; (y) the passing of information on persons relevant to licensing or compliance and enforcement matters to another Competent Authority and other authorities involved in the enforcement of road and rail laws; (z) requiring a person involved in the transport of dangerous goods to hold insurance, or some other form of indemnity, in relation to that transport. (3) The regulations may authorise any matter to be from time to time determined, applied or regulated by any person or body specified in the regulations. (4) The regulations may enable the Minister or the Competent Authority to authorise another person or body to perform a specific act or function. (4A) The regulations – (a) may require a matter affected by the regulations to be approved by or to the satisfaction of a specified person or body, or a specified class of persons or bodies; or (b) may confer a discretionary authority, or impose a duty, on a specified person or body, or a specified class of persons or bodies. (5) The regulations may apply, adopt or incorporate any or all of the provisions of a code, standard or rule relating to dangerous goods or to their transport which may be applied, adopted or incorporated as they currently exist, as amended by the regulations, or as amended from time to time. (6) The regulations may, by reference to such a code, standard or rule – (a) prescribe a substance or article as being dangerous goods; or (b) prescribe various types of dangerous goods, including goods that are too dangerous to be transported, and methods for deciding which dangerous goods fall into each type. (7) The regulations may provide for savings and transitional arrangements necessary or expedient for bringing this Act into operation. (8) Regulations made under subsection (7) may take effect on the day on which this Act commences 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. (9) A reference in this section to a code, standard or rule includes a reference to one that is made outside Australia. 9. Penalties under the regulations The regulations may create offences, and may provide for a maximum penalty, not exceeding 50 penalty units for an individual or 250 penalty units for a body corporate, for each offence. 10. Applications for review The regulations may provide a system for review of decisions made under this Act and identified in the regulations. PART 3 - Competent Authorities and Authorised Officers Division 1 - Appointment and arrangements 11. Appointment of Competent Authorities (1) The Minister may, by notice in the Gazette, appoint one or more Competent Authorities for the purposes of this Act. (2) The appointment of a Competent Authority takes effect on – (a) the date specified in the notice that is a date on or after the date the Minister signed the notice; or (b) if no such date is specified, gazettal. (3) The Competent Authority – (a) may exercise all the powers and perform all the functions of an authorised officer; and (b) when exercising those powers or performing those functions, has all the immunities of an authorised officer. (4) A notice under this section is not – (a) a statutory rule for the purposes of the Rules Publication Act 1953 ; or (b) subordinate legislation for the purposes of the Subordinate Legislation Act 1992 . 12. Appointment of authorised officers (1) The Competent Authority may, by notice in the Gazette, appoint an individual, or a class of individuals, to be authorised officers. (2) The appointment of an authorised officer takes effect on – (a) the date specified in the notice that is a date on or after the date the notice was signed; or (b) if no such date is specified, gazettal. (3) In appointing an authorised officer, the Competent Authority may specify that the appointment is subject to conditions or restrictions relating to – (a) the powers that are exercisable by the officer; or (b) when, where and in what circumstances the officer may exercise powers. (4) The Competent Authority is to issue each authorised officer who is not a police officer with an identity card containing any prescribed details. (5) However, instead of an identity card issued under subsection (4) , the Competent Authority may arrange for an endorsement containing the prescribed details to be placed on – (a) in the case of an inspector under the Work Health and Safety Act 2012 , the identity card issued under section 157 of that Act; or (b) in the case of an authorised officer under the Explosives Act 2012 , the identity card issued under section 33(1) of that Act. (6) A notice under this section is not – (a) a statutory rule for the purposes of the Rules Publication Act 1953 ; or (b) subordinate legislation for the purposes of the Subordinate Legislation Act 1992 . 13. Identity cards (1) An authorised officer who is not a police officer must – (a) carry his or her identity card while carrying out duties under this Act; and (b) if it is practicable, produce it before exercising a power of an authorised officer under this Act. (2) A police officer who is exercising, or is about to exercise, a power of an authorised officer under this Act must, if practicable, comply with a request to identify himself or herself by – (a) producing his or her police identification, or identity card (if issued); or (b) stating orally or in writing his or her name, rank and place of duty, or his or her identification number. 14. Return of identity cards A person who has been issued with an identity card and who stops being an authorised officer must return his or her identity card to the appropriate Competent Authority as soon as practicable. Penalty: Fine not exceeding 20 penalty units. 15. Impersonating authorised officers A person must not impersonate an authorised officer. Penalty: Fine not exceeding 85 penalty units. 16. Competent Authority may delegate powers (1) The Competent Authority may delegate any of its powers under this Act by signed instrument. (2) Subsection (1) does not apply to the Competent Authority's power – (a) to appoint authorised officers; or (b) to delegate its powers under this section. 17. Competent Authority may provide information to corresponding authority (1) The Competent Authority may provide information to a corresponding authority about – (a) any action taken by the Competent Authority under this Act; or (b) any information obtained under this Act, including any information contained in any records, devices or other things inspected or seized under this Act. (2) This section has effect subject to applicable privacy legislation. 18. Reciprocal powers of authorised officers (1) This section has effect in relation to another jurisdiction while the corresponding law of the other jurisdiction contains provisions corresponding to this section. (2) The Minister may enter into agreements with a Minister of the other jurisdiction for the purposes of this section. (3) To the extent envisaged by such an agreement – (a) authorised officers of this jurisdiction may, in this jurisdiction or the other jurisdiction, exercise powers conferred on authorised officers of the other jurisdiction by or under the corresponding law of the other jurisdiction; and (b) authorised officers of the other jurisdiction may, in this jurisdiction or the other jurisdiction, exercise powers conferred on authorised officers by this Act. (4) Anything done by an authorised officer of this jurisdiction under subsection (3)(a) (including an omission of an act) is taken to have been done under this Act as well as under the corresponding law. (5) The regulations may make provision for or in respect of the exercise of powers under this section. Division 2 - General powers – road vehicles Subdivision 1 - Application 19. Application of Division This Division applies to a road vehicle if – (a) one of the following applies to the vehicle: (i) it has a placard on it; (ii) it is carrying a container that has a placard on it; (iii) an authorised officer believes on reasonable grounds that it is carrying dangerous goods or goods too dangerous to be transported; (iv) an authorised officer believes on reasonable grounds that it is licensed under this Act, or that it is used to carry goods for commercial purposes; and (b) the vehicle is situated – (i) on a road; or (ii) in or on a public place; or (iii) in or on premises occupied or owned by the Competent Authority or by any other public authority; or (iv) in or on any premises where an authorised officer is lawfully present after entry under Division 4 of this Part. Subdivision 2 - Directions in respect of road vehicles 20. Direction to stop road vehicle (1) An authorised officer may, for compliance purposes, direct – (a) the driver of a vehicle to which this Division applies to stop the vehicle; or (b) the driver of the vehicle or any other person not to do any one or more of the following: (i) move the vehicle; (ii) interfere with it or any equipment in or on it; (iii) interfere with its load. (2) A direction to stop a vehicle may require that it be stopped without delay, or that it be stopped at the nearest place for it to be safely stopped as indicated by the officer. (3) A direction given under subsection (1) does not prevent an authorised officer from giving the driver or another person a later inconsistent direction under another provision of this Act. (4) A direction given under subsection (1) ceases to be operative to the extent that an authorised officer – (a) gives the driver or another person a later inconsistent direction; or (b) indicates to the driver or another person that the direction is no longer operative. (5) A person who is given a direction under subsection (1) must comply with the direction. Penalty: In the case of – (a) a body corporate, a fine not exceeding 250 penalty units; or (b) an individual, a fine not exceeding 50 penalty units. 21. Direction to move road vehicle (1) An authorised officer may, for compliance purposes, direct the driver of a vehicle to which this Division applies to move it or cause it to be moved to the nearest suitable location that is within the prescribed distance and specified by the officer. (2) A person who is given a direction under subsection (1) must comply with the direction. Penalty: Fine not exceeding 50 penalty units. (3) In proceedings for an offence against subsection (2) , it is a defence if the person charged establishes that – (a) it was not possible to move the vehicle concerned because it was broken down; and (b) the breakdown occurred for a physical reason beyond the driver's control; and (c) the breakdown could not be readily rectified in a way that would enable the direction to be complied with within a reasonable time. (4) In this section – prescribed distance means a distance (in any direction) within a radius of 30 kilometres of – (a) the location of the vehicle when the direction is given; or (b) any point along the forward route of the journey, if the direction is given in the course of a journey of the vehicle; suitable location means a location that the authorised officer believes on reasonable grounds to be a suitable location having regard to any matters the officer considers relevant in the circumstances. 22. Direction to produce documents (1) An authorised officer may, for compliance purposes, direct the driver of a vehicle to which this Division applies to produce to the authorised officer – (a) the driver's driver licence; and (b) any licence the driver is required to have by the regulations; and (c) any transport documentation that is required to be carried on the vehicle by the regulations. (2) A person who is given a direction under subsection (1) must comply with the direction. Penalty: Fine not exceeding 35 penalty units. (3) The authorised officer may seize a licence, other than a driver licence, produced to the officer in response to the direction if the officer reasonably believes that – (a) the licence has been cancelled or suspended; or (b) the licence has otherwise ceased to have effect; or (c) the licence has been varied and the variation is not recorded on the licence; or (d) the person who produced the licence is not the licensee. (4) An authorised officer to whom a document that appears to be a licence is produced in response to the direction may seize the document if the officer reasonably believes that the document is not a licence. 23. Direction to move road vehicle in case of danger or obstruction (1) This section applies if an authorised officer believes on reasonable grounds that a vehicle to which this Division applies is – (a) seriously endangering public safety, the environment or road infrastructure; or (b) causing or likely to cause an obstruction to traffic or any other event lawfully authorised to be held on the road; or (c) obstructing or hindering, or likely to obstruct or hinder, one or more vehicles from entering or leaving land adjacent to the road. (2) The officer may direct the driver of the vehicle, or a person who is apparently in charge of the vehicle, to do either or both of the following: (a) to move the vehicle, or cause it to be moved, to the extent necessary to avoid the danger, obstruction or hindrance; (b) to do anything else reasonably required by the officer, or to cause anything else reasonably required by the officer to be done, to avoid the danger, obstruction or hindrance. (3) A person who is given a direction under subsection (2) must comply with the direction. Penalty: Fine not exceeding 50 penalty units. (4) In proceedings for an offence in relation to the contravention of a direction under subsection (2)(a) , it is a defence if the person charged establishes that – (a) it was not possible to move the vehicle concerned because it was broken down; and (b) the breakdown occurred for a physical reason beyond the driver's control; and (c) the breakdown could not be readily rectified in a way that would enable the direction to be complied with within a reasonable time. (4A) For the purposes of subsection (1)(a) , road infrastructure includes things listed in the definition of rail or road infrastructure in section 93 . 24. Direction to leave vehicle (1) This section applies if the driver of a vehicle to which this Division applies fails to comply with a direction given by an authorised officer under another provision of this Division. (2) This section also applies if an authorised officer believes on reasonable grounds that the driver of a vehicle to which this Division applies – (a) is not fit to drive the vehicle in order to comply with such a direction; or (b) is not qualified to drive the vehicle in order to comply with such a direction; or (c) is not authorised to drive the vehicle in order to comply with such a direction. (3) The officer may direct the driver to do any one or more of the following: (a) to vacate the driver's seat; (b) to leave the vehicle; (c) not to occupy the driver's seat until permitted to do so by an authorised officer; (d) not to enter the vehicle until permitted to do so by an authorised officer. (4) The officer may direct any other person to do either or both of the following: (a) to leave the vehicle; (b) not to enter the vehicle until permitted to do so by an authorised officer. (5) A person who is given a direction under subsection (3) or (4) must comply with the direction. Penalty: Fine not exceeding 50 penalty units. Subdivision 3 - Other powers in respect of road vehicles 25. Moving unattended road vehicle to enable exercise of other powers (1) This section applies if an authorised officer – (a) believes on reasonable grounds that a vehicle to which this Division applies is unattended on a road; and (b) is seeking to exercise powers in respect of the vehicle for compliance purposes; and (c) believes on reasonable grounds that the vehicle should be moved to enable or to facilitate the exercise of those powers. (2) The officer may – (a) move the vehicle (by driving or towing it or otherwise); or (b) authorise another person to move it (by driving or towing it or otherwise) – to the extent reasonably necessary to enable or to facilitate the exercise of the powers concerned. (3) The officer may enter the vehicle, or authorise another person to enter it, for the purpose of moving the vehicle. (4) The officer or person authorised by the officer may use reasonable force to do any or all of the following: (a) to open unlocked doors and other unlocked panels and objects; (b) to gain access to the vehicle, or its engine or other mechanical components, to enable the vehicle to be moved; (c) to enable the vehicle to be towed. (5) An authorised officer must not authorise a person to move a vehicle in accordance with this section unless the officer believes on reasonable grounds that the person is qualified and fit to do so. 26. Powers of authorised officers – inspection (1) An authorised officer may, for compliance purposes, inspect a vehicle to which this Division applies. (2) The power to inspect a vehicle includes the power – (a) to enter the vehicle; and (b) to weigh, test, measure or take photographs of the vehicle or any part of it or its equipment or load; and (ba) to take, in accordance with section 52A , a sample of any part of the vehicle's load; and (c) to check the existence or details of, or take photographs of, placards or other information required by the regulations to be displayed in or on the vehicle or any load on it; and (d) to inspect and take copies of or extracts from any records that are located in or on the vehicle and that are required to be carried in or on the vehicle by the regulations; and (e) to access or download information that is required to be kept by the regulations and that is – (i) stored electronically in equipment located in or on the vehicle; or (ii) accessible electronically from equipment located in or on the vehicle. (3) Nothing in this section authorises the use of force, but an authorised officer may under this section do any or all of the following: (a) open unlocked doors and other unlocked panels and objects; (b) inspect anything that has been opened or otherwise accessed; (c) move but not take away anything that is locked up or sealed. (4) The officer may exercise powers under this section at any time, and without the consent of the driver or other person apparently in charge of the vehicle or any other person. 27. Powers of authorised officers – searches (1) An authorised officer may, for compliance purposes, search a vehicle to which this Division applies if the officer believes on reasonable grounds that – (a) the vehicle has been used, is being used, or is likely to be used, in the commission of an offence; or (b) the vehicle has been or may have been involved in a dangerous situation. (2) The officer may form the necessary belief during or after an inspection or independently of an inspection. (3) The officer may enter the vehicle for the purpose of or in connection with conducting the search. (4) The officer may exercise powers under this section at any time, and without the consent of the driver or other person apparently in charge of the vehicle or any other person. (5) Without limiting the above, the power to search a vehicle under this section includes any or all of the following: (a) the power to search for evidence of an offence; (b) the power to search for and inspect any records, devices or other things that relate to the vehicle or any part of its equipment or load and that are located in or on the vehicle; (c) the power to take copies of or extracts from any or all of the following: (i) any records that are located in or on the vehicle and that are required to be carried in or on the vehicle by the regulations; (ii) any transport documentation located in or on the vehicle; (iii) any other records, or any readout or other data obtained from any device or thing, located in or on the vehicle that the officer believes on reasonable grounds provide, or may on further inspection provide, evidence of an offence; (d) the power to take, in accordance with section 52A , a sample of any part of the vehicle's load. (6) The power to search a vehicle under this section does not include a power to search a person. (7) The officer may seize and remove a record, device or other thing from the vehicle that the officer believes on reasonable grounds provides, or may on further inspection provide, evidence of an offence. (8) The officer may use reasonable force in the exercise of powers under this section. 28. Moving unattended or broken down road vehicle where danger or obstruction (1) This section applies if an authorised officer believes on reasonable grounds that a vehicle to which this Division applies – (a) is unattended or broken down; and (b) is causing a dangerous situation. (2) The officer may – (a) move the vehicle (by driving or towing it or otherwise); or (b) authorise another person to move it (by driving or towing it or otherwise) – to the extent reasonably necessary to avoid the dangerous situation. (3) The officer may enter the vehicle, or authorise another person to enter it, for the purpose of moving the vehicle. (4) The officer may drive the vehicle even though the officer is not qualified to do so, if the officer believes on reasonable grounds that there is no other person in, on or in the vicinity of the vehicle who is more capable of driving it than the officer. (5) A person authorised by the officer may drive the vehicle even though the authorised person is not qualified to do so, if the officer believes on reasonable grounds that there is no other person in, on or in the vicinity of the vehicle who is more capable of driving it than the authorised person. (6) The officer or person driving a vehicle under the authority of this section is exempt from any other provision of this Act or of a provision of a road law to the extent that it would require him or her to be licensed or otherwise authorised to drive it. (7) The officer or person authorised by the officer may use reasonable force to the extent reasonably necessary to avoid the danger or obstruction. 29. Powers of authorised officers – immobilised road vehicle (1) This section applies if an authorised officer believes on reasonable grounds that a vehicle to which this Division applies is broken down or otherwise immobilised on a road. (2) The authorised officer may give directions to the driver or a person apparently in charge of the vehicle about how – (a) repair work is to be carried out on the vehicle; or (b) the vehicle is to be towed off the road; or (c) the dangerous goods are to be removed from the vehicle; or (d) the dangerous goods are to be dealt with after their removal from the vehicle. (3) A person who is given a direction under subsection (2) must comply with the direction. Penalty: In the case of – (a) a body corporate, a fine not exceeding 250 penalty units; or (b) an individual, a fine not exceeding 50 penalty units. 30. Powers of authorised officers in emergencies (1) This section applies if a vehicle to which this Division applies is involved in an incident resulting in a dangerous situation. (2) An authorised officer may give directions to the driver or a person apparently in charge of the vehicle about – (a) the transport of any goods in the vehicle from the place of the incident; or (b) how otherwise to deal with the goods. (3) The direction must – (a) be in writing and be signed by the authorised officer; and (b) state the name of the person to whom it is given; and (c) identify the incident; and (d) identify the dangerous goods to which it relates. (4) However, if it is not practicable to give the direction in writing, the direction may be given orally and confirmed in writing within 48 hours. (5) A person who is given a direction under subsection (2) must comply with the direction. Penalty: In the case of – (a) a body corporate, a fine not exceeding 250 penalty units; or (b) an individual, a fine not exceeding 50 penalty units. 31. Authorisation not required for driving under this Division It is immaterial that an authorised officer or a person driving a vehicle under the authority of this Division is not authorised to do so by the operator of the vehicle. Division 3 - Directions in respect of rolling stock and trains Subdivision 1 - Application 32. Application (1) This Division applies to a unit of rolling stock – (a) that has a placard on it; or (b) that is carrying a container that has a placard on it; or (c) that an authorised officer knows or believes on reasonable grounds is carrying dangerous goods or is carrying a container containing dangerous goods. (2) This Division applies to a train that an authorised officer knows or believes on reasonable grounds includes a unit of rolling stock to which this Division applies. Subdivision 2 - Power to give directions in respect of rolling stock and trains 33. Powers of authorised officers – rail operators (1) An authorised officer may, for compliance purposes, direct the rail operator in respect of a train that includes a unit of rolling stock to which this Division applies to cause the train to stop at a place where it may be safely inspected by the officer. (2) A person who is given a direction under subsection (1) must comply with the direction. Penalty: In the case of – (a) a body corporate, a fine not exceeding 250 penalty units; or (b) an individual, a fine not exceeding 50 penalty units. 34. Powers of authorised officers – train drivers (1) An authorised officer may, for compliance purposes, direct the driver of a train that includes a unit of rolling stock to which this Division applies or any other person not to do any one or more of the following: (a) move the train; (b) interfere with the train or any equipment in or on it; (c) interfere with any load on any unit of rolling stock that forms part of the train. (2) A person who is given a direction under subsection (1) must comply with the direction. Penalty: In the case of – (a) a body corporate, a fine not exceeding 250 penalty units; or (b) an individual, a fine not exceeding 50 penalty units. 35. Powers of authorised officers – others (1) If a unit of rolling stock to which this Division applies does not form part of a unit, an authorised officer may, for compliance purposes, direct a person not to do any one or more of the following: (a) move the unit; (b) interfere with the train or any equipment or container in or on it; (c) attach any other rolling stock to the unit. (2) A person who is given a direction under subsection (1) must comply with the direction. Penalty: In the case of – (a) a body corporate, a fine not exceeding 250 penalty units; or (b) an individual, a fine not exceeding 50 penalty units. 36. Powers of authorised officers – documents (1) An authorised officer may direct the driver of a train that includes a unit of rolling stock to which