New South Wales Repealed Acts

This legislation has been repealed.

DANGEROUS GOODS ACT 1975 - SECT 9

9 Keeping generally

(1) A person shall not keep dangerous goods except:

(a) in or on premises licensed under section 8 for the keeping of the dangerous goods,

(b) in or on premises licensed under section 19 for the manufacture of explosives, or

(c) in such quantities and in such manner and subject to such conditions as may be prescribed for the purposes of this section in relation to the goods.

(2) Subject to subsections (3) and (4), a person who keeps dangerous goods in contravention of subsection (1), the owner of the goods and the person occupying the place where the goods are so kept are each guilty of an offence and liable to a penalty:

(a) if an individual-not exceeding 250 penalty units, or

(b) if a corporation-not exceeding 500 penalty units,

and, in the case of a subsequent offence, if the offence continues, to a penalty not exceeding 100 penalty units for each day the offence continues.

(3) An owner of dangerous goods or the occupier of the place where the goods were kept is not guilty of an offence under subsection (2) if the owner or occupier satisfies the court that the goods kept in contravention of subsection (1) were so kept without the owner’s or occupier’s knowledge.

(4) A person is not guilty of an offence under this section if the person satisfies the court that, at the time the alleged offence occurred, the dangerous goods in respect of which the offence is alleged to have been committed were being conveyed in accordance with this Act and the regulations.