Dangerous goods reform

Overview

New legislation to modernise and strengthen Victoria’s dangerous goods laws has passed Parliament and is planned to commence in April 2028.

The new legislation:

• creates a new Dangerous Goods Transport Act 2026 (DG Transport Act) for the transport of dangerous goods by road or rail and by vessel on inland waters.
• amends the Occupational Health and Safety Act 2004 (OHS Act) to include duties for the storage, handling and use of dangerous goods
• updates existing elements of the OHS Act to align with the modernised and strengthened dangerous goods legislation.

The new DG Transport Act and amendments to the OHS Act are planned to commence in April 2028 to give duty holders and industry time to prepare for the changes.

These changes will:

• deliver important safety benefits to the Victorian community by better protecting people, property and the environment
• support industry and businesses to meet their obligations
• strengthen WorkSafe’s ability to enforce compliance with dangerous goods laws
• bring Victoria’s dangerous goods laws more in line with other Australian jurisdictions.

Once the changes commence, the Dangerous Goods Act 1985 (DG Act) and associated regulations will be repealed. This means they will no longer be in force.

References to the DG Act in other Victorian legislation will also be updated to reflect this change. 

In the lead up to 2028, all associated dangerous goods regulations will be reviewed and made under the OHS Act or the new DG Transport Act.

Work is also now underway to review and remake the Occupational Health and Safety Regulations 2017 (OHS Regulations) to incorporate the regulation of dangerous goods. The Victorian Government has committed to extending the OHS Regulations to April 2028 to ensure the new Acts and regulations commence at the same time.

Extensive stakeholder consultation will help inform this work.

Background

The changes to Victoria's dangerous goods laws follows recommendations from the Independent Review of the Dangerous Goods Act 1985 and associated regulations (the Review) and the Government’s response to those recommendations.

The Review was commissioned in 2020 following high-profile incidents associated with illegal chemical stockpiling at several sites across Melbourne.

Extensive consultation and engagement with the Victorian community, business, industry, key stakeholders and all levels of government helped inform the development of this new legislation.

The new DG Transport Act

The DG Transport Act is a new standalone Act to regulate the transport of dangerous goods by vessel on inland water, by road or by rail.

The new DG Transport Act will also:

• modernise the regulation of dangerous goods transport by introducing a broad general duty to help ensure dangerous goods are transported in a manner that is safe and without risks to public safety, property and the environment
• create new offences for:
  • breaching the new dangerous goods transport general duty
  • an aggravated breach of the new dangerous goods transport general duty
  • recklessly engaging in the transport of dangerous goods that places or may place a person in danger of serious injury or death
• expand and streamline WorkSafe’s powers and enforcement tools in relation to dangerous goods transport, including with the introduction of a civil penalty scheme.

Amendments to the OHS Act – dangerous goods

The amendments to the OHS Act incorporate the dangerous goods regulatory framework into Victoria’s broader occupational health and safety framework.

The amendments to the OHS Act also:

• introduce a new broad general duty to help ensure dangerous goods are handled in a manner that is safe and without risks to health, safety and property
• create new offences for:
  • breaching the new dangerous goods general duty
  • recklessly engaging in the handling of dangerous goods that places, or may place, another person in danger of serious injury or death
  • aggravated breaches of the new dangerous goods general duty
• expand and streamline WorkSafe’s powers and enforcement tools, including:
  • expanding inspector powers to intervene and take action to address serious and immediate risks arising from dangerous goods
  • introducing a civil penalty scheme
  • expanding the orders that a Court may make in proceedings.

Amendments to the OHS Act – broader changes

Broader changes have been made to existing elements of the OHS Act to align with the modernised and strengthened dangerous goods legislation.

These changes will help reduce risk, prevent harm and better deter non-compliance and unlawful activity.

Key changes include:

• a new aggravated offence for serious breaches of the general occupational health and safety general duty (s21)
• the introduction of civil penalty provisions and changes to civil orders
• a new duty for an officer of a body corporate to exercise due diligence
• new powers to redirect directions to related or associated entities and to redirect obligations to officers in certain circumstances.

Updates

This page will continue to be updated as more information becomes available. You can also register to receive the latest information about the proposed legislation.

Subscribe now