Northern Territory Consolidated Acts

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DANGEROUS GOODS ACT 1998 - SECT 18

General powers and functions of officers

    (1)     An officer, other than an officer referred to in section 17(3), may:

        (a)     enter a place, premises or vehicle that he or she reasonably believes is being or has been used in the handling of dangerous goods;

        (b)     inspect a place, premises or vehicle, or anything in or on a place, premises or vehicle, that he or she reasonably believes is being or has been used in the handling of dangerous goods;

        (c)     direct a person in control of a vehicle that he or she reasonably believes is being or has been used to convey dangerous goods to stop the vehicle;

        (d)     detain a vehicle that he or she reasonably believes is being or has been used to convey dangerous goods and inspect the vehicle and its load;

        (e)     where he or she reasonably believes that an offence is being or has been committed against this Act or the Regulations, seize any dangerous goods, plant, vehicle, package, container, document, paper or record relating to or used in connection with the handling of dangerous goods and that he or she reasonably believes is related to the alleged offence;

        (f)     where he or she reasonably believes that a person is involved in the handling of dangerous goods, require the person to:

            (i)     state the person's name and address; and

            (ii)     provide evidence that the stated name and address are correct;

        (g)     examine, take stock of and take samples, without cost to the Territory, and, if necessary, open a container of dangerous goods or goods that he or she reasonably suspects to be dangerous goods;

        (h)     install and use on premises, at a place or in or on a vehicle, where dangerous goods are handled, equipment or a measuring device to sample, measure or analyse a substance or material that he or she reasonably believes may be, or contain, dangerous goods;

        (j)     enter and inspect a place, premises or vehicle where or in or on which:

            (i)     dangerous goods are kept; or

            (ii)     an officer reasonably believes dangerous goods are kept,

    and examine a licence or record required to be kept under this Act or the Regulations and, at the Territory's expense, take notes or extracts from the licence or records; and

        (k)     give directions not inconsistent with this Act or the Regulations to a person involved in the handling of dangerous goods with respect to the handling of the goods.

    (2)     Without limiting subsection (1), an officer, other than an officer referred to in section 17(3), may:

        (a)     enter a place, premises or vehicle at, in, on or in relation to which he or she reasonably believes there is or has been a dangerous situation;

        (b)     inspect a place, premises or vehicle, or anything in or on a place, premises or vehicle, at, in, on or in relation to which he or she reasonably believes there is or has been a dangerous situation;

        (c)     direct a person in control of a vehicle in, on or in relation to which he or she reasonably believes there is or has been a dangerous situation to stop the vehicle; and

        (d)     detain a vehicle in, on or in relation to which he or she reasonably believes there is or has been a dangerous situation and inspect the vehicle and its load.

    (3)     An officer referred to in section 17(3) may, where he or she reasonably believes that an offence against this Act or the Regulations has been, is being or will be committed in relation to dangerous goods:

        (a)     enter a place, premises or vehicle that he or she reasonably believes is being or has been used in the handling of the dangerous goods;

        (b)     inspect a place, premises or vehicle, or anything in or on a place, premises or vehicle, that he or she reasonably believes is being or has been used in the handling of dangerous goods;

        (c)     direct a person in control of a vehicle that he or she reasonably believes is being or has been used to convey the dangerous goods to stop the vehicle;

        (d)     detain a vehicle that he or she reasonably believes is being or has been used to convey the dangerous goods and inspect the vehicle and its load; and

        (e)     give directions not inconsistent with this Act or the Regulations to a person involved in the handling of the dangerous goods with respect to the handling of the goods.

    (4)     An officer or a person authorised under subsection (5) may direct a person in charge, or involved in the handling, of dangerous goods or goods that the officer or person reasonably believes to be dangerous goods to assist the officer or person in exercising or performing a power or function of the officer or person under this Act or the Regulations in relation to the goods.

    (5)     An officer may, where necessary for the purposes of exercising a power or performing a function under this Act or the Regulations, authorise a person to assist the officer.

    (6)     A person authorised under subsection (5) may exercise the powers and perform the functions of an officer within the scope of the person's authorisation.



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