Australian Capital Territory Consolidated Acts

DANGEROUS SUBSTANCES ACT 2004 - SECT 45

    (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 property or the environment to a substantial risk of substantial damage; and

        (d)     the person either—

              (i)     was reckless about whether the failure would expose property or the environment to a substantial risk of substantial damage; or

              (ii)     was negligent about whether the failure would expose property or the environment to a substantial risk of substantial damage.

Maximum penalty: 1 000 penalty units, imprisonment for 3 years or both.

Example

Sarah dumps arsenic in a stormwater drain. She is reckless about whether she is exposing the environment to a substantial risk of contamination. Sarah commits an offence against this section because arsenic is a dangerous substance and, under the general safety duty of everyone involved in handling a dangerous substance, she 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). Sarah has exposed the ACT's waterways to a substantial risk of contamination.

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).