Search

Australian Capital Territory Current Acts

Search AustLII

▼
Search Options
  • Advanced Search…
×
Close
  • Specific Year
    Any

DANGEROUS SUBSTANCES ACT 2004

Table of Provisions

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

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

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

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

Navigate

Download

Cited By

Join the discussion