DANGEROUS SUBSTANCES ACT 2004
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
