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Member Bulletin ~ June 2020 ~ Review of dangerous goods framework

Contents

  1. Opportunity to influence implementation of the Australian Dangerous Goods Code
  2. ABRI submission
  3. Scope of the review
  4. The NTC review problem statement
  5. Questions raised in the review
  6. ABRI submission will focus on harmonisation
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OPPORTUNITY TO INFLUENCE IMPLEMENTATION OF THE AUSTRALIAN DANGEROUS GOODS CODE

The Deputy Prime Minister has requested that the NTC examine the consistency of implementation and interpretation of the Australian Dangerous Goods Code.  ABRI has been provided with a copy of this issues paper and an invitation to provide response on behalf of members by Friday 3 July 2020.   The full document can be downloaded by clicking on the link below.  However, the following bulletin items are provided to assist with your engagement in this topic.   This review provides a real opportunity for  improving harmonisation and efficiency in battery transport.

CLICK TO DOWNLOAD THE REVIEW DOCUMENT
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ABRI SUBMISSION

ABRI will be providing a submission and to do so is requesting you either provide written feedback by June 23rd, and or attend an online meeting to discuss the issues on June 24th 1pm – 3pm.

PROVIDE WRITTEN FEEDBACK
RSVP TO ATTEND MEETING
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SCOPE OF THE REVIEW

The scope of the review is not the code itself, but rather how it is implemented in a regulatory sense.  As we know, currently implementation  is done by each state with varied approaches, time frames, and levels of enforcement.

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THE NTC REVIEW PROBLEM STATEMENT

The crux of the problem statement as it applies to our sector is:

Inconsistent timing of the implementation of legislative amendments by jurisdictions can lead to a gap in the uptake of productivity and efficiency improvements contained in updated Code requirements. It can also impose significant cost on businesses transporting dangerous goods, particularly those conducting cross-border operations.

Inconsistency of interpretation and enforcement of the Code is a particular concern for industry. A key factor appears to be the absence of a common understanding across the national compliance and enforcement community, as well as industry duty holders of ‘what compliance looks like’ for the various technical requirements in the Code.

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QUESTIONS RAISED IN THE REVIEW

The review raises 10 key questions:
Question 1: What impact has the staggered implementation of amendments had on your business? If possible, please provide examples, economic data,
Question 2: If you are a competent authority, what are the impediments to implementing amendment packages on a consistent date or with consistent transition periods?
Question 3: If you are a competent authority, how could regulatory reviews deliver the harmonisation of dangerous goods regulation more efficiently for Australia?
Question 4: Thinking about the available national scheme structures, what approach has the potential to best achieve national consistency with greatest efficiency for the land transport of dangerous goods in Australia?
Question 5: Are there administrative procedures, such as gazettal requirements or other requirements, contained in jurisdictional laws that are preventing consistent implementation of Australian Dangerous Goods Code updates?
Question 6: What changes could to be made to existing governance arrangements to mitigate differences across jurisdictions?
Question 7: Is placing the detail of duties on parties in the Code itself a viable option to achieve clarity and consistency about parties’ specific obligations or are there other approaches that should be considered?
Question 8: What further could be developed to help jurisdictions implement the Code in a consistent and timely manner?
Question 9: What do you think is the best way to achieve uniform interpretation of Code requirements?
Question 10: If guidance material was created, which body should be responsible for its maintenance to ensure it remains contemporary and fit for purpose?
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ABRI SUBMISSION WILL FOCUS ON HARMONISATION

One option offered for improvement would see the ADG Code adopted into Australian law using the ‘applied legislation’ model. This is the same model used by jurisdictions to adopt amendments to the Heavy Vehicle National Law made by the Queensland Parliament.  Page 34 of the review discusses this in more detail.    My early read of this is that it would be a very big improvement, however it is something we need to explore and consider further for our submission.
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PLEASE TAKE THIS OPPORTUNITY TO REVIEW THE ISSUES PAPER AND PROVIDE FEEDBACK ON THIS IMPORTANT TOPIC.

ABRI
Email   secretariat@batteryrecyling.org.au
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