Australian Capital Territory Consolidated Acts

DANGEROUS SUBSTANCES ACT 2004 - SECT 43

    (1)     A person commits an offence if—

        (a)     the person is required to comply with a safety duty; and

        (b)     the person fails to comply with the safety duty; and

        (c)     the failure exposes anyone to a substantial risk of death or serious harm; and

        (d)     the person either—

              (i)     was reckless about whether the failure would expose anyone to a substantial risk of death or serious harm; or

              (ii)     was negligent about whether the failure would expose anyone to a substantial risk of death or serious harm.

Maximum penalty: 1 500 penalty units, imprisonment for 5 years or both.

Example

Peter dumps material that he knows contains asbestos in an ACT park, where rangers regularly patrol. He is reckless about whether this poses a danger to anyone. Peter commits an offence against this section because asbestos is a dangerous substance and, under the general safety duty of everyone involved in handling a dangerous substance, he must take all reasonable steps to minimise the risks resulting from handling the substance (see s 23 and s 41). Handling a dangerous substance includes disposing of the substance (see s 11). Peter has exposed the rangers and others (eg anyone using the park who comes across the material) to a substantial risk of developing an asbestos-related disease.

Note     An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

    (2)     Absolute liability applies to subsection (1) (a).

    (3)     Strict liability applies to subsection (1) (b).