Australian Capital Territory Consolidated Acts

DANGEROUS SUBSTANCES ACT 2004 - SECT 13

    (1)     For this Act, a dangerous substance is correctly classified if—

        (a)     if a regulation applies to the classification of the substance—the substance is classified in accordance with the regulation; or

        (b)     if a declaration under subsection (2) applies to the classification of the substance—the substance is classified in accordance with the declaration; or

        (c)     in any other case—the substance is classified in accordance with an incorporated document applying to the classification of the substance.

Note 1     For the meaning of incorporated document , see the dictionary.

Note 2     An incorporated document has no effect to the extent that it is inconsistent with a regulation (see s 9 (1)).

    (2)     The Minister may declare—

        (a)     that a dangerous substance belongs, or does not belong, to a stated classification (however described) of dangerous substances; or

        (b)     a method for classifying a stated dangerous substance.

    (3)     A declaration under subsection (2) has no effect to the extent that it is inconsistent with a regulation.

    (4)     A declaration under subsection (2) is a disallowable instrument.

Note     A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act .