Australian Capital Territory Repealed Acts

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This legislation has been repealed.

DANGEROUS GOODS ACT 1975 (REPEALED) - SECT 49

Regulation-making power

    (1)     The Executive may make regulations for this Act.

Note     Regulations must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001 .

    (2)     The regulations may make provision in relation to—

        (a)     the issue, renewal, suspension, cancellation, duration and terms of permits and licences and the conditions subject to which they are issued; and

        (b)     the import or export of dangerous goods into or from the ACT; and

        (c)     the preparation for use, packing, keeping, transport, manufacture, use, sale, abandonment, disposal, destruction and rendering harmless of dangerous goods and containers that are intended for use, are being used or have been used in connection with dangerous goods; and

        (d)     the design, construction, cleanliness, venting, ventilation, marking and maintenance of vehicles, containers, pipelines and any other equipment or things that are intended for use, are being used or have been used in connection with dangerous goods; and

        (e)     regulating the installation, alteration, connection and disconnection of containers, pipelines and any other equipment or things that are intended for use, are being used or have been used in connection with dangerous goods; and

        (f)     the siting, design, construction, ventilation, illumination, fittings, fixtures and management of premises intended for use or used in connection with dangerous goods; and

        (g)     regulating smoking, the lighting or use of fire and any other dangerous, or potentially dangerous, activities near dangerous goods and in or near premises, vehicles, containers or pipelines used or that have been used in relation to dangerous goods; and

        (h)     prescribing the procedures to be followed in relation to any premises licensed under this Act that cease to be so licensed and the persons by whom those procedures are to be followed; and

              (i)     the provision, maintenance, testing and use of safety and first aid facilities, including firefighting equipment, in any licensed premises, in a vehicle or container used for the transport of dangerous goods and in prescribed circumstances involving a risk of injury or damage arising from dangerous goods; and

        (j)     prescribing the procedures to be followed in the event of an escape or a spillage of dangerous goods or of damage to any vehicle, container, pipeline or other equipment or thing while being used in connection with dangerous goods; and

        (k)     applications to have an explosive declared to be an authorised explosive under section 16; and

        (l)     the inspection, examination and testing of dangerous goods and equipment intended for use or used in connection with those matters; and

        (m)     the driving of vehicles, and the navigation and mooring of vessels, transporting dangerous goods; and

        (n)     the making, keeping, production and inspection of records relating to dangerous goods and the furnishing of returns and other information relating to dangerous goods.

    (3)     The regulations may also prescribe offences for contraventions of the regulations and may prescribe maximum penalties of not more than 10 penalty units for offences against the regulations.

    (4)     A regulation may—

        (a)     exempt a person from the regulations; and

        (b)     give a prescribed person power to give an exemption from the regulations.

    (5)     Dangerous goods or explosives may be prescribed by reference to—

        (a)     a class of substances, articles, dangerous goods or explosives; or

        (b)     the circumstances in which, or other than in which, substances, articles, dangerous goods or explosives are or are not dangerous goods or explosives; or

        (c)     a quantity; or

        (d)     a flashpoint.

    (6)     Subsection (5) does not limit how dangerous goods or explosives may be prescribed.



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