1. Question Presented
The legal definition of “a place for vehicle drivers” in context of section 16(3) of the Dangerous
Goods Act 1985.
2. Answer in brief
The legal meaning of “a place for vehicle drivers” according to Dangerous Goods Act 1985 is, a
place not being used for residential purposes merely because temporary or casual sleeping or
other accommodation is provided. 1 The example provided in the act is a sleeping area in the rear
of a truck’s cabin. Fred’s room is not a place for vehicle drivers but a residential place. The
express authorization by the manager for the inspector to access and search Fred’s room was
mandatory.
3. Discussion
3.1. Central unit of inquiry
The central unit of inquiry is the meaning of “a place for vehicle drivers” as used in section 16(3)
of the Dangerous Goods Act 1985, in Victoria, Australia.
3.2. Opposing constructions of unit of inquiry and applications to facts
Construction for Inspector John
The search warrant conferred authority for the inspection of Fred’s room. Section 16 (3) provides
for a disjunctive application of the conditions for inspection of a residential place. The
permission may be granted by authorization of a search warrant or permission expressly given by
the occupier.
Construction for Fred Nerk
The 2.5 star motel that Fred was in was a residential place in accordance with section 16(3) of
the Dangerous Goods Act 1985. The permission of the occupier is required to access a residential
area. Fred was paying for accommodation in the motel making it a temporary residence and a
place used for residential purposes.
3.3. Arguments for Inspector John’s construction
Unit of inquiry
The meaning of “a place for vehicle drivers” in section 16(3) of the Dangerous Goods Act 1985.
Remainder of the act
The act provides that entry is restricted for places used for residential purposes. It also states that
a place for vehicle drivers will not be deemed as a place used for residential purposes. The
example provided in the act is the sleeping area in the rear of a truck’s cabin.
1 Section 16 (3) Dangerous Goods Act 1985, “For the purposes of subsection (1), a place is not being used for
residential purposes merely because temporary or casual sleeping or other accommodation is provided in the place
for vehicle drivers. Example The sleeping area in the rear of a truck’s cabin is not a place being used for residential
purposes.”
Legislative history
Section 16 was introduced into the act by Dangerous Goods and Equipment (public safety) Acts
(amendment) bill of 2005. 2 The section was introduced to regulate entry of inspectors in
residential places. The inspectors would only be allowed to enter residential premises with the
permission of the occupier or authorization by a search warrant.
Wider context
Authority emanating from a search warrant can be used as permission for entry into a place used
for residential purposes. The provisions of the act do not restrict the source of the permission to
the occupier.
3.4. Arguments for Fred Nerk’s construction
Unit of inquiry
The meaning of a place for vehicle drivers as used in section 16(3) of Dangerous Goods Act
1985.
Remainder of the act
The powers of an inspector to enter a place used for residential purposes is restricted to
permission granted by the occupier or authorization by a search warrant. The restriction is not
applicable to “a place for vehicle drivers.”
Legislative history
Section 16 (3) was introduced by the Dangerous Goods amendment (transport) bill of 2008. 3 The
rationale for its addition was for alignment of the act with regulation 42 of the model act and
consistency with the national scheme. 4
Wider context
The Black’s law dictionary defines residential as a place used for housing and commercial
enterprises. 5 The motel was a place used for residential purposes. The ejusdem generis rule of
interpretation should be applied in discerning what a place for vehicle drivers means. 6 The
example provided in the act is the sleeping area in the rear of a truck’s cabin. Only places related
to the sleeping area of a truck’s cabin should be interpreted to mean “a place for vehicle drivers.”
4. Preferred constructions and brief reasons
4.1. Preferred construction
2 Explanatory memorandum, Dangerous Goods and Equipment (Public Safety) Acts (Amendment) Bill (Vic), clause 9
division 6.
3 Explanatory Memorandum, Dangerous Goods Amendment (Transport) Bill 2008 (Vic), clause 10.
4 Ibid.
5 Black’s Law Dictionary Free Online Legal Dictionary 2nd Ed (online at 28 April 2022) ‘residential’.
6 Quazi v. Quazi, 1980 A.C. 744 (1980).
The most reasonable construction is that a motel falls under the scope of a place used for
residential purposes.
4.2. Reasons
Applying the ejusdem generis rule, a motel room will not fall under the definition of “a place for
vehicle drivers.” Interpreting a place for vehicle drivers as a place where people with vehicles
seek accommodation would be absurd and not fulfilling the purpose of inclusion of section 16
(3).
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