Northern Territory Consolidated Acts

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DANGEROUS GOODS ACT - SECT 9

Safe handling of dangerous goods

    (1)     A person involved in the handling of dangerous goods must ensure, as far as practicable, that the goods are handled safely.

Maximum penalty:     In the case of a body corporate:

        (a)     2 160 penalty units; or

        (b)     where an offence results in death or serious harm to a person – 4 0320 penalty units.

    In the case of a natural person:

        (a)     430 penalty units or imprisonment for 2 years; or

        (b)     where an offence results in death or serious harm to a person – 860 penalty units or imprisonment for 4 years.

    (2)     Without limiting subsection (1), a person involved in the handling of dangerous goods contravenes that subsection if he or she fails to ensure, as far as practicable, that:

        (a)     the goods are handled in a manner or in circumstances that the goods will not:

            (i)     endanger or be likely to endanger the safety or health of a person; or

            (ii)     damage or be likely to damage any property; or

        (b)     the goods are not abandoned.

    (3)     Without limiting subsection (1), a person in charge of dangerous goods contravenes that subsection if he or she fails to ensure, as far as practicable, that:

        (a)     where plant or a container, vehicle, building or structure is used in the handling of the goods, the plant, container, vehicle, building or structure is safe and maintained in a safe condition;

        (b)     plant, containers and substances used, handled, stored or transported in relation to the goods are used, handled, stored or transported in a safe manner; or

        (c)     a system is in place that provides and ensures:

            (i)     the safe management of the goods;

            (ii)     the identification of hazards and the assessment and control of risks;

            (iii)     safe work practices;

            (iv)     that appropriate information, training, instruction and supervision are provided in relation to the safe handling of the goods to each person involved in the handling of the goods; and

            (v)     that appropriate information in relation to the safe handling of the goods is provided to other persons affected, or likely to be affected, by the handling of the goods.

    (4)     In this section:

"serious harm" has the same meaning as in the Criminal Code.



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