Australian Capital Territory Current Acts

DANGEROUS SUBSTANCES ACT 2004

TABLE OF PROVISIONS

           Long Title

CHAPTER 1--PRELIMINARY

   1.      Name of Act  
   3.      Dictionary  
   4.      Notes  
   5.      Offences against Act—application of Criminal Code etc  

CHAPTER 2--IMPORTANT CONCEPTS

   PART 2.1--OPERATION OF ACT

   6.      Purpose of Act  
   7.      Exclusions from Act  
   8.      Relationship of Act to other laws  
   8A.     Relationship of Act to WHS Act  
   9.      Relationship of regulations to approved codes of practice and incorporated  

   PART 2.2--IMPORTANT TERMS

   10.     Meaning of dangerous substance  
   10A.    Meaning of security sensitive substance  
   11.     Handle a dangerous substance  
   12.     Non-commercial handling of a dangerous substance  
   13.     Correctly classified for a dangerous substance  
   14.     Correctly for packed, stored, labelled and placarded  
   15.     Meaning of hazard and risk  
   16.     Reasonable steps for a risk  
   17.     Person in control for premises, plant etc  
   18.     Responsible person for a dangerous substance  
   19.     What is a safety management system  

   PART 2.3--COMPLYING WITH ACT

   20.     Person may have more than 1 duty under Act  
   21.     Person not relieved of duty because someone else also has same  
   22.     Incorporated documents and approved codes of practice may be considered  

CHAPTER 3--SAFETY DUTIES FOR DANGEROUS SUBSTANCES

   PART 3.1A--APPLICATION--CH 3

   22A.    Application  

   PART 3.1--SAFETY DUTIES

           Division 3.1.1--General safety duty of everyone

   23.     General safety duty of everyone involved in handling dangerous substances  

           Division 3.1.2--Handling of dangerous substances in trade or commerce

   24.     Application of div 3.1.2  
   25.     Safety management system required for certain people in control of handling dangerous  
   26.     Particular safety duties of manufacturers  
   27.     Particular safety duties of importers  
   28.     Particular safety duties of suppliers  

           Division 3.1.3--Premises where dangerous substances are handled in trade or commerce

   29.     Application of div 3.1.3  
   30.     Safety duties of everyone at premises  
   31.     Safety duties of people in control of premises  

           Division 3.1.4--Plant and systems for handling dangerous substances for trade or commerce

   32.     Application of div 3.1.4  
   33.     General safety duties for plant and systems  
   34.     Safety duties of people in control of plant and systems  
   35.     Safety duties of people in control of design, manufacture, import and supply of plant  
   36.     Safety duties of people in control of installation of plant and  

           Division 3.1.5--Reporting of dangerous occurrences

   37.     Application of div 3.1.5  
   38.     Meaning of dangerous occurrence  
   39.     Person in control of premises—safety duty to report actual or likely dangerous  

           Division 3.1.6--Miscellaneous

   40.     Safety duties do not limit each other  

   PART 3.2--FAILURE TO COMPLY WITH SAFETY DUTIES

   41.     Meaning of safety duty for pt 3.2  
   42.     Failure to comply with safety duty—general offence  
   43.     Failure to comply with safety duty—exposing people to substantial risk of death or  
   44.     Failure to comply with safety duty—causing death or serious harm to  
   45.     Failure to comply with safety duty—exposing property or environment to substantial  
   46.     Failure to comply with safety duty—causing substantial damage to property or  
   47.     Alternative verdicts for failure to comply with safety duties  

CHAPTER 3A--ASBESTOS

   PART 3A--.1 PRELIMINARY

   47I.    Definitions—ch 3A  
   47J.    Meaning of asbestos contamination report and current asbestos contamination  
   47K.    Meaning of asbestos assessment report  

   PART 3A--.2 ASBESTOS--ASSESSMENTS AND REGISTER ETC

   47L.    Duty to publish educational material  
   47M.    Asbestos advice  
   47N.    Requirement to give asbestos assessment report  
   47O.    Requirements—affected residential premises  
   47P.    Affected residential premises register  
   47Q.    Notice of affected residential premises to registrar-general  

   PART 3A--.3 OCCUPANCY PROHIBITION

   47R.    Definitions—pt 3A.3  
   47S.    Meaning of occupancy prohibition  
   47T.    Meaning of approved occupant  
   47U.    Occupancy prohibition—affected residential premises  
   47V.    Owner must notify regulator of approved occupants  

CHAPTER 4--LICENCES FOR DANGEROUS SUBSTANCES

   PART 4.1--GENERAL--LICENCES

   48.     Meaning of close associate for ch 4  
   49.     Working out whether person is a suitable person  
   50.     Applications for licences etc to comply with Act  
   51.     Power to ask for information from applicants, licensees and  

   PART 4.2--ISSUE, AMENDMENT, REPLACEMENT AND SURRENDER OF LICENCES

   52.     Licence application and decision  
   53.     Licence conditions  
   54.     Term of licence  
   55.     Licence not transferable  
   56.     Form of licence  
   57.     Licensee to keep work health and safety commissioner informed  
   58.     Licence—application to amend by licensee  
   59.     Licence—imposition etc of conditions on work health and safety commissioner's  
   60.     Replacement of licence  
   61.     Surrender of licence  
   62.     Work health and safety commissioner may ask for information etc from  

   PART 4.3--OFFENCES RELATING TO LICENCES

   63.     Failure to comply with conditions of licence  
   64.     Return of amended, suspended or cancelled licences  
   65.     Pretending to hold licence  
   66.     Offence to allow someone else to use licence  

   PART 4.4--DISCIPLINARY ACTION

   67.     Grounds for disciplinary action  
   68.     Taking disciplinary action  
   69.     Immediate suspension of licence  
   70.     Effect of suspension of licence  
   71.     Action by work health and safety commissioner in relation to amended, suspended or  
   72.     Publication of disciplinary decision by work health and safety  

CHAPTER 5--OTHER SERIOUS OFFENCES

   PART 5.1--PROHIBITED AND CONTROLLED DANGEROUS SUBSTANCES

   73.     Definitions for ch 5  
   74.     Unauthorised manufacture of certain dangerous substances  
   75.     Unauthorised import of certain dangerous substances  
   76.     Unauthorised supply of certain dangerous substances  
   77.     Unauthorised possession of certain dangerous substances  
   78.     Unauthorised storage of certain dangerous substances  
   79.     Unauthorised use of certain dangerous substances  
   80.     Unauthorised carrying of certain dangerous substances  
   81.     Unauthorised disposal of dangerous substances, plant and systems  
   82.     Unauthorised handling of dangerous substances generally  
   83.     Handling of certain dangerous substances to be notified  
   84.     Certain premises, plant or systems to be registered etc  

   PART 5.2--PRESERVATION OF SITE OF DANGEROUS OCCURRENCE

   85.     Definitions for pt 5.2  
   86.     Person in control of premises to preserve site of dangerous  
   87.     Unauthorised disturbance or interference with site of dangerous  

CHAPTER 6--COMPLIANCE MEASURES

   PART 6.1--INFORMATION AND DOCUMENTS

   88.     Work health and safety commissioner may require answers to questions and production  
   89.     Compliance with notice to produce  
   90.     Failure to attend before work health and safety commissioner or produce  
   91.     Attendance before work health and safety commissioner—offences  
   92.     Privileges against self-incrimination and exposure to civil penalty  

   PART 6.2--COMPLIANCE AGREEMENTS

   93.     Meaning of relevant responsible person for pt 6.2  
   94.     Inspector may seek compliance agreement  
   95.     Term of compliance agreement  
   96.     Compliance agreement not admission of fault etc  
   97.     Notification and display of compliance agreements  
   98.     Compliance agreement not to be removed etc  

   PART 6.3--IMPROVEMENT NOTICES

   99.     Meaning of relevant responsible person for pt 6.3  
   100.    Giving improvement notices  
   101.    Contents of improvement notices  
   102.    Extension of time for compliance with improvement notices  
   103.    Notification and display of improvement notices  
   104.    Improvement notice not to be removed etc  
   105.    Scope of improvement notices  
   106.    Revocation of improvement notice on compliance  
   107.    Contravention of improvement notices  

   PART 6.4--PROHIBITION NOTICES

   108.    Definitions for pt 6.4  
   109.    Giving prohibition notices  
   110.    Contents of prohibition notices  
   111.    Extension of time for inspection etc  
   112.    Notification and display of prohibition notices  
   113.    Prohibition notice not to be removed etc  
   114.    Scope of prohibition notices  
   115.    Ending of prohibition notices for contravention of Act etc  
   116.    Request for reinspection  
   117.    Revocation on reinspection  
   118.    Ending of prohibition notices given for inspection etc  
   119.    Contravention of prohibition notices  
   120.    Request for compensation for prohibition notice  
   121.    Compensation for prohibition notice  

   PART 6.5--ENFORCEABLE UNDERTAKINGS

   122.    Definitions for pt 6.5  
   123.    Making of safety undertakings  
   124.    Acceptance of safety undertaking  
   125.    Withdrawal from or amendment of enforceable undertaking  
   126.    Term of enforceable undertaking  
   127.    Safety undertaking not admission of fault etc  
   128.    Contravention of enforceable undertakings  

   PART 6.6--INJUNCTIONS

   129.    Injunctions to restrain offences against Act  
   130.    Enforcement of injunctions  
   131.    Amendment or discharge of injunctions  
   132.    Interim injunctions—undertakings about damages  
   133.    Magistrates Court's other powers not limited  

   PART 6.7--TAKING AND ANALYSIS OF SAMPLES

   134.    Inspector may buy samples without complying with pt 6.7  
   135.    Person in charge etc to be told sample to be analysed  
   136.    Payment for samples  
   137.    Samples from packaged substances  
   138.    Procedures for dividing samples  
   139.    Exception to s 138  
   140.    Certificates of analysis by authorised analysts  

CHAPTER 7--ENFORCEMENT POWERS

   PART 7.1--GENERAL

   141.    Definitions for ch 7  

   PART 7.2--GENERAL POWERS OF INSPECTORS

   142.    General power to enter premises  
   143.    Production of identity card  
   144.    Consent to entry  
   145.    General powers of inspectors—premises  
   146.    General powers of inspectors for public places  
   147.    Contravention of requirement by inspector  
   148.    Power to take action to prevent etc imminent risk  
   149.    Report about action under s 148  
   150.    Recovery of Territory's costs for action under s 148  
   151.    Power of entry etc in relation to dangerous occurrences  
   152.    Power to seize things  
   153.    Action in relation to thing seized  
   154.    Power to destroy unsafe things  
   155.    Power to require name and address  
   156.    Inspector's power to require production of licence  

   PART 7.3--SEARCH WARRANTS

   157.    Warrants generally  
   158.    Warrants—application made other than in person  
   159.    Search warrants—announcement before entry  
   160.    Details of search warrant to be given to person in charge etc  
   161.    Person in charge entitled to be present during search etc  
   162.    Moving things to another place for examination or processing  
   163.    Use of electronic equipment at premises  
   164.    Person with knowledge of computer or computer system to assist access  
   165.    Securing electronic equipment  
   166.    Copies of seized things to be provided  

   PART 7.4--RETURN AND FORFEITURE OF THINGS SEIZED

   167.    Receipt for things seized  
   168.    Access to things seized  
   169.    Return of things seized  
   170.    Application for order disallowing seizure  
   171.    Order for return of seized thing  
   172.    Adjournment pending hearing of other proceedings  
   173.    Forfeiture of seized things  
   174.    Return of forfeited things  
   175.    Cost of disposal of things forfeited  

   PART 7.5--OTHER ENFORCEMENT PROVISIONS

   176.    Damage etc to be minimised  
   177.    Compensation to be paid in certain circumstances  

CHAPTER 8--EMERGENCY POWERS

   178.    Meaning of recall order for ch 8  
   179.    Emergency orders  
   180.    Nature of emergency orders  
   181.    Special provisions for recall orders  
   182.    How emergency orders are made  
   183.    Stay or variation of emergency orders by Supreme Court  
   184.    Failure to comply with emergency order  
   185.    Compensation for emergency order  

CHAPTER 9--NOTIFICATION AND REVIEW OF DECISIONS

   186.    Definitions—ch 9  
   186A.   Internal review notices  
   187.    Applications for internal review  
   187A.   Applications not stay internally reviewable decisions  
   188.    Internal reviewer  
   189.    Review by internal reviewer  
   190.    Reviewable decision notices  
   191.    Applications for review  

CHAPTER 10--PROCEDURAL AND EVIDENTIARY PROVISIONS

   PART 10.1--GENERAL PROVISIONS ABOUT OFFENCES AGAINST ACT

   192.    Acts and omissions of representatives  
   193.    Criminal liability of corporation officers  
   194.    No defence to claim deterioration of sample  
   195.    Remedial orders by courts for offences  
   196.    Court-directed publicity for offences  
   197.    Publication by work health and safety commissioner of convictions etc  
   198.    Court may order costs and expenses  
   199.    Court may order forfeiture  
   200.    Notices of noncompliance by territory entities  

   PART 10.2--EVIDENTIARY PROVISIONS

   201.    Presumptions  
   202.    Certificate evidence etc  
   203.    Evidence of analysts  
   204.    Admissibility of analysis of sample taken by inspector  
   205.    Power of court to order further analysis  

CHAPTER 11--ADMINISTRATION

   206.    Inspection of incorporated documents  
   207.    Inspectors  
   208.    Identity cards  
   209.    Functions of inspectors  
   210.    Appointment of authorised analysts  
   211.    Secrecy  
   212.    Protection from liability  

CHAPTER 12--REGULATIONS ABOUT DANGEROUS SUBSTANCES

   213.    Regulations may apply etc instruments  
   214.    Scheme for explosives to be prescribed  
   215.    Regulations about licences  
   216.    Regulations about dangerous substances generally  
   217.    Regulations may exempt people, plant or premises from Act  

CHAPTER 13--MISCELLANEOUS

   218.    Minister may exempt people, plant, premises or dangerous substances from  
   219.    Codes of practice  
   221.    Determination of fees  
   222.    Approved forms  
   223.    Regulation-making power  
           DICTIONARY
           ENDNOTES