Northern Territory Consolidated Acts Northern Territory Consolidated ActsIn this Act, unless the contrary intention appears:
"code of practice" means a code of practice under section 37 as in force from time to time.
"Competent Authority" means the Chief Executive Officer, within the meaning of the Public Sector Employment and Management Act , of the Agency allotted the responsibility for the administration of this Act by an Administrative Arrangements Order.
"container" means a thing in or by which dangerous goods are wholly or partly encased, covered, enclosed, contained or packed and includes a component, receptacle, covering or material necessary for the container to perform its containment function.
"convey", in relation to dangerous goods, includes the transport, transmission and carriage of the dangerous goods by any means and the transport, transmission and carriage of dangerous goods by a pipeline or within premises.
"dangerous goods" means substances or things:
(a) declared by the Competent Authority under section 6; or
(b) prescribed by the Regulations,
to be dangerous goods.
"dangerous situation" means a situation or occurrence involving dangerous goods that:
(a) is causing or is likely to cause imminent risk of the death of or injury to a person or damage to property; or
(b) has resulted in the death of or injury to a person or damage to property,
and includes an explosion, fire or loss of containment of dangerous goods and a likely explosion, fire or loss of containment of dangerous goods.
"further notice" means a notice given under section 25.
"handling", in relation to dangerous goods, includes preparing, packaging, manufacturing, storing, using, loading, unloading, supplying, selling, purchasing, receiving, processing, treating, labelling, marking, dispensing, transferring, rendering harmless, placarding, destroying, disposing of, conveying and transporting of the dangerous goods.
"hazard" means any thing or situation capable of injuring a person, compromising the health or safety of a person or damaging property and includes a dangerous situation.
"improvement notice" means a notice given under section 24.
"involved in handling dangerous goods" includes:
(a) to arrange for the handling of dangerous goods;
(b) to import or export, or arrange the import or export of, dangerous goods into the Territory;
(c) to consign, or receive or be the consignee of, dangerous goods;
(d) to undertake or be responsible for handling dangerous goods;
(e) to drive or operate a vehicle conveying dangerous goods;
(f) to be involved as a director, secretary or manager of a body corporate, or other person who takes part in the management of a body corporate, that takes part in the handling of dangerous goods; and
(g) to be an occupier of premises where dangerous goods are handled.
"licence" means a licence granted under the Regulations and includes a provisional licence, permit, notice of approval, certificate, provisional certificate and a renewal of a licence, permit, notice of approval or certificate.
"licensee" means a person granted a licence.
"manufacture" includes to make, remake, alter, break up and recondition.
"member of the Fire and Rescue Service" means a member of the Northern Territory Fire and Rescue Service, other than a volunteer member or an auxiliary member, within the meaning of the Fire and Emergency Act .
"officer" means a person appointed under section 17(1) and includes:
(a) the Competent Authority; and
(b) a person referred to in section 17(3).
person in charge of the dangerous goods means, in relation to dangerous goods or goods an officer reasonably believes to be dangerous goods:
(a) the occupier of the place, premises or vehicle where, or on or in which, the goods are being or have been handled;
(b) the person who owns the goods;
(c) the employer (or manager) in relation to the place, premises or vehicle where, or on or in which, the goods are being or have been handled; or
(d) a person licensed in relation to the goods.
"plant" includes:
(a) machinery, pressure vessels, equipment, appliances, implements, scaffolding and tools; and
(b) any component of or thing fitted, connected or appurtenant, to plant.
"practicable", in relation to a hazard, risk or dangerous situation, means practicable having regard to:
(a) the severity of the hazard, risk or danger;
(b) the state of knowledge about the hazard, risk or dangerous situation and the ways of averting, eliminating or minimising the hazard, risk or danger;
(c) the availability and suitability of ways to avert, eliminate or minimise the hazard, risk or danger; and
(d) the cost of averting, eliminating or minimising the hazard, risk or danger.
"premises" includes land and permanent or temporary buildings and structures on land.
"prohibition notice" means a notice given under section 22.
"risk" means the probability of a hazard injuring a person, compromising the health or safety of a person or damaging property.
"sell" includes:
(a) barter or exchange;
(b) contract to sell or offer or expose for sale, barter or exchange;
(c) authorise, permit, cause or suffer to be sold, bartered, exchanged or offered or exposed for sale;
(d) have in possession for the purpose of sale, barter or exchange; and
(e) authorise, permit, cause or suffer to be sent, forwarded or delivered for sale or for barter or exchange.
"substance" includes a solid, liquid or gas or any mixture of solids, liquids or gases.
"vehicle" means a vehicle used or intended to be used, or adapted or capable of being adapted for use, on roads or rails and includes:
(a) a train;
(b) a trailer or caravan intended or adapted or capable of being adapted for use as an attachment to a vehicle; and
(c) anything attached to a vehicle, trailer or caravan.