Alert Digest No. 11 of 1995
10 October 1995

1.1

This Bill was introduced into the Legislative Assembly on 4 October 1995 by the Honourable Alan Brown MP with the Honourable Don Hayward MP.

1.2

The purpose of the Bill is to adopt national standards and codes of practice for the safe transport of dangerous goods by road. The Committee notes the comments from the Second Reading Speech:-

"The intergovernmental agreements require the enacting of template legislation.......When and if amendments are made to the legislation they are automatically applied in all jurisdictions through the initial adopting Acts, ensuring continuing uniformity. A template Bill to adopt national heavy vehicle charges was introduced into the Parliament on 31 May 1995 and has passed through the lower house during this current session.

In September 1994 the Ministerial Council approved the Road Transport Reform (Dangerous Goods) Bill. The resulting Commonwealth Act received Royal Assent on 12 April 1995 and will come into operation in the ACT on 12 April 1996. It is necessary to have adopting legislation in place by that time to ensure that the regulations to be made under the Act are also adopted. These regulations will replace the road-specific part of the Australian Code for the Transport of Dangerous Goods by Road and Rail (ADG Code) which is currently called up through Victoria's Dangerous Goods Transport Regulations 1987."

Clause 5 applies certain provisions of the Commonwealth Act in Victoria. Clause 6 applies the regulations under the Commonwealth Act in Victoria. Clause 7 gives the Victorian Administrative Appeals Tribunal the jurisdiction to review decisions made under the applied provisions. Clause 9 sets out the scope of the applied provisions. The Committee notes the comments in the Second Reading Speech:-

"It is important to avoid incompatibility between the Victorian legislation covering dangerous goods and the Road Transport Reform (Dangerous Goods) Act because the latter Act covers transport and 'matters incidental to transport' which potentially overlap with matters of a storage and handling nature. The adopting Bill therefore explicitly provides for the Road Transport Reform (Dangerous Goods) Act to prevail on road transport matters where there is inconsistency with Victoria's Dangerous Goods Act. In the longer term it is proposed to undertake a broad review and revision of the Victorian Act to achieve inter alia the incorporation of the national template legislation covering road transport."

The Committee makes no further comment.

2.1

This Bill was introduced into the Legislative Assembly on 4 October 1995 by the Honourable Alan Stockdale MP with the Honourable Don Hayward MP.

2.2

The purposes of the Bill are:-

• to make provision for the winding up of the Government Employee Housing Authority ("the Authority");
• to repeal the Government Employee Housing Authority Act 1981 and the Government Employee Housing Authority (Amendment) Act 1995;

Clause 5 allows the Authority to vest property in the Minister. Any transfers must be recorded by the Registrar of Titles. Clause 6 allows the Minister to become the successor of the Authority and dissolves the Authority. Clause 7 provides that references to the Authority become references to the Minister. Clause 8 substitutes the Minister for the Authority in any proceedings. Clause 9 repeals the above mentioned Acts.

The Committee makes no further comment.

3.1

This Bill was introduced into the Legislative Assembly on 4 October 1995 by the Honourable Roger Pescott MP with the Honourable Don Hayward MP.

3.2

The Bill amends the Dangerous Goods Act 1985. Its purposes are:-

• to change the way dangerous goods are to be defined; and
• to make further provision concerning the issue by inspectors of remedial directions concerning contraventions of the Act; and
• to provide for the issuing of codes of practice.

3.3

Clause 3 substitutes a new definition of "dangerous goods". Clause 4 inserts a new section 9A into the Act which provides that the Governor in Council may by Order exempt specific dangerous goods from the operation of the Act. Any Order must be published in the Government Gazette. It also inserts a new section 9B which provides that the Governor in Council may by Order declare any substance or article to be dangerous goods for the purpose of the Act. Any Order made can only be done on the recommendation of the Minister that it is in the interests of public safety and must be published in the Government Gazette. Clause 5 makes consequential amendments as a result of new clause 6.

Clause 6 inserts new sections 17B and 17C. New section 17B enables inspectors to issue written directions to remedy a contravention of the Act. The person to whom the direction is issued has seven days to comply with it. Under new section 17C a person may appeal to the Administrative Appeals Tribunal against a direction issued under section 17B. Clause 5 makes consequential amendments as a result of new clause 6.

3.4

Clause 7 inserts new sections 56 to 60 which relate to Codes of Practice which may be approved by the Minister for the purpose of providing practical assistance. The Committee notes the comments in the Second Reading Speech:-

"Codes of Practice will be used to provide practical guidance to persons who have a duty under the Act or regulations. Traditionally, statutory controls over dangerous goods have been very prescriptive and therefore inflexible. The new Codes of Practice provisions will enable the prescriptive statutory controls to be replaced with more flexible performance-based controls where basic safety objectives are set. Technical details about how those safety objectives can be met, will be placed in the Codes of Practice. It should be noted that the provisions in the Codes of Practice will be non-mandatory. That is, a person may choose to comply with a provision of the Act or regulations in some other way than is described in the Code, provided that alternative way of complying also meets the requirement of the Act or regulations."

A Code of Practice may consist of any code, standard, rule, specification or provision and may incorporate or refer to any document published from time to time. A Code of Practice must be advertised for public comment. However, this need not be done if the Minister is of the opinion that it is in the public interest that it be published as soon as practicable. A Code of Practice must be published in the Government Gazette. Under new section 59 a person does not incur any civil or criminal liability because of a failure to observe any provision of an approved Code of Practice. Under new section 60 an approved Code of Practice is admissible as evidence in those proceedings.

3.5

Clause 8 repeals the public comment provisions for draft regulations from the Dangerous Goods Act 1985 and the Occupational Health and Safety Act 1985. The requirements are repealed because the Subordinate Legislation Act 1994 contains comprehensive requirements for draft regulations prepared under all Victorian Acts to undergo a public comment process.

The Committee makes no further comment.

4.1

This Bill was introduced into the Legislative Assembly on 4 October 1995 by the Honourable Don Hayward MP with the Honourable Phil Gude MP.

4.2

The Bill amends the Vocational Education and Training Act 1990. Its purpose is to enable certain powers and functions of the State Training Board in relation to apprenticeships and traineeships to be carried out by persons or bodies approved by the Governor in Council.

4.3

Clause 3 inserts a new section 20B into the Act which allows the State Training Board to delegate specified functions under sections 52, 53(1) and (2), 54(3), 55, 59(2A), (3) or (4), 60, 61(2), 62(2) or 63 or any power or function of the Board to determine ratios under section 56 relating to a particular employer, to any person or any body appointed as an approved training agent. Clause 4 amends section 59 to enable an employer to lodge a contract of training with an approved training agent as well as with the Board. Clause 5 deletes the requirement for the Board to consent to a cancellation or variation of a contract of training agreed to by the employer and the apprentice.

4.4

Clause 6 inserts a new section 71 which provides for the review by the Board of decisions of approved training agents. Clause 7 repeals section 72 which gives the Governor in Council the power to make regulations specifically in relation to Part 5 of the Act. It is no longer considered necessary. The general regulation making power pursuant to section 94 is retained. Clause 8 makes it clear that prosecutions for offences against the Act may only be taken by an officer or employee appointed under section 19 who is authorised by the Director either generally or in a particular case to take those proceedings. Clauses 9 and 10 make miscellaneous amendments.

The Committee makes no further comment.

Committee Room
9 October 1995

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