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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
DANGEROUS GOODS
SAFETY MANAGEMENT
BILL 2000
Queensland
DANGEROUS GOODS SAFETY
MANAGEMENT BILL 2000
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
Division 1--Introduction
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Division 2--Application and operation of Act
3 Application of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
4 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
5 What does this Act apply to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
6 Who does this Act apply to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Division 3--Objective of Act
7 Objective of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Division 4--Interpretation
8 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
9 Meaning of "dangerous goods" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
10 Meaning of "environment" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
11 Meaning of "hazard" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
12 Meaning of "hazardous material" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
13 Meaning of "major accident" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
14 Meaning of "occupier" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
15 Meaning of "risk" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
PART 2--SAFETY OBLIGATIONS
Division 1--Preliminary
16 Obligations for safety . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
2
Dangerous Goods Safety Management
17 What is an acceptable level of risk . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
18 Discharge of obligations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
19 Person may owe obligations in more than 1 capacity . . . . . . . . . . . . . . . . . 19
20 Person not relieved of obligations merely because other person
has same obligations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
21 How obligation can be discharged if regulation or recognised
standard made . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
22 How obligations can be discharged if no regulation or recognised
standard made . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Division 2--Obligations of occupiers and others
23 Obligations of occupiers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
24 Obligations of employees and other persons . . . . . . . . . . . . . . . . . . . . . . . . . 21
25 Obligations of manufacturers, importers and suppliers of
dangerous goods . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
26 Obligations of designers, manufacturers, importers, suppliers and
installers of storage or handling systems . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
27 Obligations of suppliers and installers for known hazards etc. . . . . . . . . . . . 23
Division 3--Defences
28 Defences for div 1 or 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
PART 3--RECOGNISED STANDARDS
29 Recognised standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
30 Use of recognised standard in proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . 25
PART 4--MAJOR HAZARD FACILITIES
Division 1--Classification of facilities as major hazard facilities
31 Meaning of "major hazard facility" and "possible major hazard
facility" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
32 Chief executive may classify facility as major hazard facility . . . . . . . . . . 26
33 Grounds for classification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
34 Chief executive may declassify major hazard facility . . . . . . . . . . . . . . . . . 27
Division 2--Notification to chief executive about possible major
hazard facilities
35 Obligation to notify chief executive of existing possible major
hazard facility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
36 Obligation to notify chief executive of new possible major hazard
facility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
3
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37 Obligation to notify chief executive of certain upgrades of facilities . . . . . 29
38 Obligation to notify chief executive of modification to a major
hazard facility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
39 Obligation to comply with chief executive's notice requiring
information about possible major hazard facility . . . . . . . . . . . . . . . . . . . . . 30
Division 3--Other obligations of occupiers of major hazard facilities
40 Other obligations of occupier of major hazard facility . . . . . . . . . . . . . . . . . 31
41 Occupier must carry out systematic risk assessment . . . . . . . . . . . . . . . . . . 31
42 Emergency plans and procedures for major hazard facility . . . . . . . . . . . . . 32
43 Occupier must consult about emergency plans and procedures . . . . . . . . . . 32
44 Occupier must provide education and training . . . . . . . . . . . . . . . . . . . . . . . 32
45 Safety management system for major hazard facility . . . . . . . . . . . . . . . . . 33
46 Occupier must consult and give information about safety measures . . . . . . 33
47 Occupier must give safety report to chief executive . . . . . . . . . . . . . . . . . . 34
PART 5--DANGEROUS GOODS LOCATIONS
Division 1--Identification of dangerous goods locations
48 Meaning of "dangerous goods location" . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
Division 2--Notification to chief executive about possible dangerous
goods locations
49 Obligation to notify chief executive of possible dangerous goods
location . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
50 Obligation to comply with chief executive's notice requiring
information about possible dangerous goods location . . . . . . . . . . . . . . . . . . 36
Division 3--Other obligations of occupiers of dangerous goods
locations
51 Other obligations of occupier of dangerous goods locations . . . . . . . . . . . . 37
52 Emergency plans and procedures for dangerous goods locations . . . . . . . . . 37
53 Safety management system for dangerous goods location . . . . . . . . . . . . . . 37
PART 6--AUTHORISED OFFICERS AND DIRECTIVES
Division 1--Authorised officers
54 Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
55 Qualifications for appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
56 Appointment conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
57 Powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
4
Dangerous Goods Safety Management
58 Functions of authorised officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
59 Identity cards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
60 Failure to return identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
61 Production or display of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
Division 2--Powers of authorised officers
Subdivision 1--Entry of places
62 Power to enter places . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
Subdivision 2--Procedure for entry
63 Entry with consent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
64 Application for warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
65 Issue of warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
66 Special warrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
67 Warrants--procedure before entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
Subdivision 3--General powers
68 General powers after entering places . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
69 Failure to help authorised officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
70 Failure to answer questions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
Subdivision 4--Power to seize evidence
71 Seizing evidence at major hazard facility, dangerous goods
location or other place . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
72 Seizing evidence at a place that may only be entered with
consent or warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
73 Securing seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
74 Tampering with seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
75 Powers to support seizure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
76 Authorised officer may require thing's return . . . . . . . . . . . . . . . . . . . . . . . . 50
77 Receipts for seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
78 Forfeiture of seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
79 Return of seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
80 Access to seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
Subdivision 5--Power to obtain information
81 Power to require name and address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
82 Failure to give name or address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
5
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83 Power to require production of documents . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
84 Failure to produce document . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
85 Failure to certify copy of document . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
86 Power to require attendance of persons before an authorised
officer to answer questions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
87 Failure to comply with requirement about attendance . . . . . . . . . . . . . . . . . 55
Division 3--Directives by authorised officers
Subdivision 1--Giving directives
88 Authorised officer may give directive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
89 How directive is given . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
Subdivision 2--Matters for which directives may be given
90 Directive to carry out assessment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
91 Directive to reduce risk . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
92 Directive to review safety management system . . . . . . . . . . . . . . . . . . . . . . 57
93 Directive to review systematic risk assessment . . . . . . . . . . . . . . . . . . . . . . 57
94 Directive to review emergency plans and procedures . . . . . . . . . . . . . . . . . 58
95 Directive to review safety report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
96 Directive to stop and secure storage or handling systems . . . . . . . . . . . . . . 58
97 Directive to suspend operations for unacceptable level of risk . . . . . . . . . . 58
98 Directive to isolate site . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
99 Directive to provide independent study or audit . . . . . . . . . . . . . . . . . . . . . . 59
Subdivision 3--Recording of directives and other matters
100 Records must be kept . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
101 Directives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
Subdivision 4--Review of directives
102 Application for review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
103 Procedure for review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
104 Review of directive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
105 Stay of operation of directive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
Division 4--Immediate action to protect people, property or
environment
106 Preventing injury and damage--taking direct action . . . . . . . . . . . . . . . . . . 63
107 Recovery of costs of government action . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
6
Dangerous Goods Safety Management
Division 5--General enforcement matters
108 Notice of damage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
109 Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
110 False or misleading statements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
111 False or misleading documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
112 Obstructing authorised officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
PART 7--HAZARDOUS MATERIALS EMERGENCIES
Division 1--Purpose
113 Purpose of pt 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
Division 2--Appointment of persons as hazmat advisers
114 Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
115 Qualifications for appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
116 Appointment conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
117 Powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
118 Function of hazmat advisers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
119 Identity cards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
120 Failure to return identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
121 Production or display of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
Division 3--Powers of hazmat advisers
Subdivision 1--Entry of places
122 Power to enter places . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
Subdivision 2--General powers
123 General powers after entering a place for a hazardous materials
emergency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
124 Failure to help a hazmat adviser . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
125 Obstructing hazmat advisers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
PART 8--INVESTIGATIONS AND INQUIRIES INTO MAJOR
ACCIDENTS
Division 1--Requirement about major accidents and near misses
126 Notice of major accident . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
127 Recording of near misses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
Division 2--Inquiries by board of inquiry
128 Minister may establish or re-establish boards of inquiry . . . . . . . . . . . . . . . 74
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129 Role of board of inquiry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
130 Conditions of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
131 Chief executive to arrange for services of staff and financial
matters for board of inquiry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
132 Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
133 Notice of inquiry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
134 Inquiry to be held in public other than in special circumstances . . . . . . . . 76
135 Protection of members, legal representatives and witnesses . . . . . . . . . . . . 76
136 Record of proceedings to be kept . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
137 Procedural fairness and representation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
138 Board's powers on inquiry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
139 Notice to witness . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
140 Inspection of documents or other things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
141 Inquiry may continue despite court proceeding unless otherwise
ordered . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
142 Offences by witnesses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
143 False or misleading statements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
144 False or misleading documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
145 Contempt of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
146 Report of offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
147 Change of membership of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
PART 9--APPEALS
Division 1--Appeals against classification as a major hazard facility
148 Appeals against chief executive decisions . . . . . . . . . . . . . . . . . . . . . . . . . . 80
149 Court to which appeal may be made . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
150 Starting appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
151 Stay of operation of decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
152 Hearing procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
153 Powers of court on appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
154 Appeals to District Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
Division 2--Appeals against review decisions
155 Who may appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
156 Starting appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
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157 Stay of operation of review decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
158 Hearing procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
159 Assessors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
160 Powers of court on appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
PART 10--LEGAL PROCEEDINGS
Division 1--Evidence
161 Proof of appointments and authority unnecessary . . . . . . . . . . . . . . . . . . . . . 85
162 Proof of signatures unnecessary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
163 Evidentiary aids . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
164 Expert reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
165 Analyst's report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
Division 2--Proceedings
166 Indictable and summary offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
167 Proceedings for indictable offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
168 Limitation on who may summarily hear indictable offence proceedings . . 89
169 Limitation on time for starting summary proceedings . . . . . . . . . . . . . . . . . 90
170 Forfeiture on conviction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
171 Dealing with forfeited things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
172 Responsibility for acts or omissions of representatives . . . . . . . . . . . . . . . . 91
173 Executive officers must ensure corporation complies with Act . . . . . . . . . . 91
174 Costs of investigation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
175 Fines payable to local government . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
PART 11--MISCELLANEOUS
176 Service of documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
177 Person not to encourage refusal to answer questions . . . . . . . . . . . . . . . . . . 93
178 Person not to knowingly make false or misleading entry . . . . . . . . . . . . . . . 94
179 Impersonating authorised officer or hazmat adviser . . . . . . . . . . . . . . . . . . . 94
180 Relationship with Integrated Planning Act 1997 . . . . . . . . . . . . . . . . . . . . . . 94
181 Delegations by chief executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
182 Devolution of powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
183 Delegations relating to devolved matters . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
184 Representation by employee or contractor . . . . . . . . . . . . . . . . . . . . . . . . . . 97
9
Dangerous Goods Safety Management
185 Protecting officials from liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
186 Forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
187 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
PART 12--REPEAL
188 Repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
PART 13--AMENDMENT OF ACTS AND REGULATIONS
189 Amendments--sch 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . 101
AMENDMENTS OF ACTS AND REGULATIONS
HEALTH ACT 1937 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
HEALTH REGULATION 1996 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
INTEGRATED PLANNING ACT 1997 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
WORKPLACE HEALTH AND SAFETY (MISCELLANEOUS)
REGULATION 1995 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . 103
DICTIONARY
2000
A BILL
FOR
An Act about the safe management in Queensland of the storage and
handling of hazardous materials, particularly dangerous goods
and combustible liquids, and the management of major hazard
facilities and emergencies involving hazardous materials, and for
other purposes
s1 12 s3
Dangerous Goods Safety Management
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
Division 1--Introduction 3
title 4
Short
1. This Act may be cited as the Dangerous Goods Safety Management 5
Act 2000. 6
7
Commencement
2. This Act commences on a day to be fixed by proclamation. 8
2--Application and operation of Act 9
Division
of Act 10
Application
3.(1) This Act, other than part 7 and the other provisions of the Act 11
relevant to that part, does not apply to-- 12
(a) a coal mine to which the Coal Act applies; or 13
(b) a mine to which the Mines Act applies; or 14
(c) land that is used for obtaining, mining or transporting petroleum 15
under the Petroleum Act 1923; or 16
(d) pipes under the Gas Act 1965 (other than pipes within the 17
boundaries of a major hazard facility or dangerous goods 18
location). 19
(2) If this Act conflicts with any of the following Acts, that Act prevails, 20
but only to the extent of the conflict-- 21
(a) Explosives Act 1999; 22
s4 13 s6
Dangerous Goods Safety Management
(b) Gas Act 1965; 1
(c) Radiation Safety Act 1999. 2
(3) If-- 3
(a) this Act imposes a safety obligation on a person; and 4
(b) the Gas Act 1965, the Explosives Act 1999 or the Radiation Safety 5
Act 1999 imposes an obligation on the person or another person 6
that is at least equivalent to the safety obligation; 7
compliance with the obligation under the Gas Act 1965, the Explosives Act 8
1999 or the Radiation Safety Act 1999 is taken, for this Act, to be 9
compliance with the safety obligation. 10
(4) However, subsection (3) does not apply to safety obligations relating 11
to a major hazard facility. 12
binds all persons 13
Act
4. This Act binds all persons, including the State, and, so far as the 14
legislative power of the Parliament permits, the Commonwealth and the 15
other States. 16
does this Act apply to 17
What
5. This Act applies to-- 18
(a) the storage and handling of hazardous materials, particularly 19
dangerous goods and combustible liquids; and 20
(b) the operation of major hazard facilities; and 21
(c) the provision of advice and help for emergencies involving 22
hazardous materials. 23
does this Act apply to 24
Who
6. Subject to section 3, this Act applies to everyone who as a result of the 25
storage or handling of hazardous materials at a place may affect the safety 26
of persons or harm property or the environment. 27
s7 14 s 10
Dangerous Goods Safety Management
3--Objective of Act 1
Division
of Act 2
Objective
7.(1) The objective of this Act is to protect the safety of persons, and 3
prevent harm to property and the environment, from hazardous materials. 4
(2) More particularly, this Act-- 5
(a) establishes requirements for-- 6
(i) the safe storage and handling of dangerous goods and 7
combustible liquids; and 8
(ii) the safe operation of major hazard facilities; and 9
(b) authorises the giving of advice and help in hazardous materials 10
emergencies. 11
Division 4--Interpretation 12
13
Definitions
8. The dictionary in schedule 2 defines particular words used in this Act. 14
of "dangerous goods" 15
Meaning
9. Goods are "dangerous goods" if they are defined under the 16
ADG Code as-- 17
(a) dangerous goods; or 18
(b) goods too dangerous to be transported. 19
of "environment" 20
Meaning
10. The "environment" includes-- 21
(a) ecosystems and their constituent parts; and 22
(b) all natural and physical resources; and 23
(c) the qualities and characteristics of locations, places and areas, 24
s 11 15 s 14
Dangerous Goods Safety Management
however large or small, that contribute to their biological diversity 1
and integrity, intrinsic or attributed scientific value or interest, 2
amenity, harmony and sense of community; and 3
(d) the social, economic, aesthetic and cultural conditions that affect, 4
or are affected by, things mentioned in paragraphs (a) to (c). 5
of "hazard" 6
Meaning
11. A "hazard" is a thing or a situation with potential to cause harm to a 7
person, property or the environment. 8
of "hazardous material" 9
Meaning
12.(1) A "hazardous material" is a substance with potential to cause 10
harm to persons, property or the environment because of 1 or more of the 11
following-- 12
(a) the chemical properties of the substance; 13
(b) the physical properties of the substance; 14
(c) the biological properties of the substance. 15
(2) Without limiting subsection (1), all dangerous goods, combustible 16
liquids and chemicals are hazardous materials. 17
of "major accident" 18
Meaning
13. "Major accident" means a sudden occurrence (including, in 19
particular, a major emission, loss of containment, fire, explosion or release 20
of energy) leading to serious danger or serious harm to persons, property or 21
the environment, whether immediate or delayed. 22
of "occupier" 23
Meaning
14. "Occupier", of a major hazard facility, dangerous goods location, 24
facility or other place, means an employer, or other person, who has overall 25
management of the major hazard facility, dangerous goods location, facility 26
or place. 27
s 15 16 s 16
Dangerous Goods Safety Management
of "risk" 1
Meaning
15. "Risk" means the likelihood of harm to a person, property or the 2
environment arising out of a hazard. 3
PART 2--SAFETY OBLIGATIONS 4
1--Preliminary 5
Division
for safety 6
Obligations
16.(1) Everyone involved with the storage or handling of hazardous 7
materials or with storage or handling systems at any place who may affect 8
the safety of persons or may harm property at any place or the environment 9
has the following obligations ("safety obligations")-- 10
(a) to comply with this Act; 11
(b) to take all reasonable precautions and care to achieve an acceptable 12
level of risk. 13
(2) In addition to their obligations under subsection (1), the following 14
persons have obligations under division 21 (also "safety obligations")-- 15
(a) the occupier of a major hazard facility or dangerous goods 16
location; 17
(b) an employee or other person at a major hazard facility or 18
dangerous goods location; 19
(c) a manufacturer, importer or supplier of dangerous goods; 20
(d) a designer, manufacturer, importer or supplier of storage or 21
handling systems for use at a major hazard facility or dangerous 22
goods location; 23
(e) an installer of storage or handling systems at a major hazard 24
facility or dangerous goods location. 25
1 Division 2 (Obligations of occupiers and others)
s 17 17 s 18
Dangerous Goods Safety Management
(3) In addition to the obligations of the occupier of a major hazard facility 1
under subsections (1) and (2), the occupier has the obligations under part 42 2
(also "safety obligations"). 3
(4) In addition to the obligations of the occupier of a dangerous goods 4
location under subsections (1) and (2), the occupier has the obligations 5
under part 53 (also "safety obligations"). 6
is an acceptable level of risk 7
What
17.(1) An "acceptable level of risk" is achieved when risk is minimised 8
as far as reasonably practicable. 9
(2) To decide whether risk is minimised as far as reasonably practicable, 10
regard must be had to-- 11
(a) the likelihood of harm to a person, property or the environment 12
related to the risk; and 13
(b) the severity of the harm. 14
(3) The acceptable level of risk may be prescribed under a regulation in 15
terms of the likelihood and the severity of the consequences of the risk or in 16
another way. 17
(4) The assessment of risk to decide its acceptability must take account of 18
good industry practice and compliance with recognised standards if-- 19
(a) a regulation does not prescribe an acceptable level for risk or set 20
performance objectives and measures for the avoidance, reduction 21
or monitoring of risk; or 22
(b) it is not practicable in the circumstances to calculate or estimate 23
the level of risk. 24
of obligations 25
Discharge
18.(1) A person on whom a safety obligation is imposed must discharge 26
the obligation. 27
2 Part 4 (Major hazard facilities)
3 Part 5 (Dangerous goods locations)
s 18 18 s 18
Dangerous Goods Safety Management
Maximum penalty-- 1
(a) if the contravention causes multiple deaths and serious harm to 2
property or the environment--3 000 penalty units or 3 years 3
imprisonment; or 4
(b) if the contravention causes multiple deaths--2 000 penalty units 5
or 3 years imprisonment; or 6
(c) if the contravention causes death or grievous bodily 7
harm--1 000 penalty units or 2 years imprisonment; or 8
(d) if the contravention involves exposure to a substance likely to 9
cause death or grievous bodily harm--750 penalty units or 10
1 year's imprisonment; or 11
(e) if the contravention causes bodily harm--750 penalty units or 12
1 year's imprisonment; or 13
(f) if the contravention causes serious harm to property or the 14
environment--750 penalty units or 6 months imprisonment; or 15
(g) if paragraphs (a) to (f) and subsection (3) do not 16
apply--500 penalty units. 17
(2) Subsection (3) applies if-- 18
(a) a person is alleged to have contravened subsection (1) (the 19
"alleged offence"); and 20
(b) it is alleged the safety obligation the person did not discharge is 21
the obligation to comply with this Act; and 22
(c) the provision of the Act (the "Act provision") to which the 23
failure relates provides for a penalty for a contravention of the Act 24
provision; and 25
(d) a circumstance of aggravation mentioned in paragraphs (a) to (f) 26
of the penalty in subsection (1) is not proved for the alleged 27
offence. 28
(3) The maximum penalty that can be imposed for the alleged offence is 29
the monetary penalty for the Act provision. 30
s 19 19 s 21
Dangerous Goods Safety Management
may owe obligations in more than 1 capacity 1
Person
19. A person on whom a safety obligation is imposed may be subject to 2
more than 1 safety obligation. 3
4
Example--
5
A person may be both a designer of storage or handling systems and also the
6
occupier of a major hazard facility and be subject to safety obligations in each
7
capacity.
not relieved of obligations merely because other person has 8
Person
same obligations 9
20. To remove doubt, it is declared that the imposition of a safety 10
obligation on a person does not relieve another person of the other person's 11
safety obligations under this Act. 12
obligation can be discharged if regulation or recognised 13
How
standard made 14
21.(1) If a regulation prescribes a way of achieving an acceptable level of 15
risk, a person may discharge the person's safety obligation relating to the 16
risk only by following the prescribed way. 17
(2) If a regulation prohibits exposure to a risk, a person may discharge 18
the person's safety obligation relating to the risk only by ensuring the 19
prohibition is not contravened. 20
(3) Subject to subsections (1) and (2), if a recognised standard states a 21
way of achieving an acceptable level of risk, a person may discharge the 22
person's safety obligation relating to the risk only by-- 23
(a) adopting and following a stated way; or 24
(b) adopting and following another way that achieves a level of risk 25
equal to or lower than the acceptable level.4 26
4 For this section and the following section, see defences provided under
division 3.
s 22 20 s 23
Dangerous Goods Safety Management
obligations can be discharged if no regulation or recognised 1
How
standard made 2
22.(1) This section applies if there is no regulation or recognised standard 3
prescribing or stating a way to discharge a person's safety obligation 4
relating to a risk. 5
(2) The person may choose an appropriate way to discharge the person's 6
safety obligation relating to the risk. 7
(3) However, the person discharges the person's safety obligation 8
relating to the risk only if the person takes reasonable precautions, and 9
exercises proper diligence, to ensure the obligation is discharged. 10
2--Obligations of occupiers and others 11
Division
of occupiers 12
Obligations
23. The occupier of a major hazard facility or dangerous goods location 13
has the following obligations-- 14
(a) as far as practicable, to minimise the risk associated with the 15
major hazard facility or dangerous goods location by-- 16
(i) eliminating or minimising hazards at the facility or location; 17
and 18
(ii) implementing measures to minimise the likelihood of a 19
major accident at the facility or location; and 20
(iii) implementing measures to limit the consequences if a major 21
accident happens at the facility or location; 22
(b) to ensure the safety of the occupier and employees while at the 23
major hazard facility or dangerous goods location, including, for 24
example, by providing and maintaining a safe place of work 25
including safe storage or handling systems; 26
(c) to record or be able to demonstrate the way the occupier has 27
complied with the occupier's obligations under paragraphs (a) 28
and (b); 29
(d) in consultation with the employees at the facility or location, to 30
establish, maintain and document emergency plans and 31
s 24 21 s 24
Dangerous Goods Safety Management
procedures to-- 1
(i) contain and control a hazardous materials emergency 2
happening at the facility or location; and 3
(ii) minimise the effect of the emergency on persons, property 4
and the environment; 5
(e) in consultation with the employees at the facility or location, to 6
review and update emergency plans and procedures before any 7
modification of the facility or location that would significantly 8
alter the risk associated with the facility or location; 9
(f) in consultation with the employees at the facility or location, to 10
provide appropriate induction, information, supervision, 11
education and training to all persons at the facility or location so 12
that the persons may carry out their roles and duties safely; 13
(g) to develop, implement and maintain a safety management system 14
for the facility or location. 15
of employees and other persons 16
Obligations
24. An employee or other person at a major hazard facility or dangerous 17
goods location has the following obligations-- 18
(a) to comply with procedures applying to the employee or other 19
person that are part of a safety management system for the facility 20
or location; 21
(b) to comply with instructions given for the safety of persons by the 22
occupier of the facility or location or a supervisor at the facility or 23
location; 24
(c) to report to a supervisor at the facility or location any matter at the 25
facility or location that may lead to or cause a major accident; 26
(d) to take any other reasonable and necessary course of action at the 27
facility or location to ensure no-one is exposed to an unacceptable 28
level of risk. 29
s 25 22 s 26
Dangerous Goods Safety Management
of manufacturers, importers and suppliers of dangerous 1
Obligations
goods 2
25.(1) A manufacturer, importer or supplier of dangerous goods has the 3
following obligations-- 4
(a) to ensure the dangerous goods are in a condition that is safe for 5
storage and handling; 6
(b) to ensure appropriate information about the safe storage and 7
handling of the dangerous goods is provided with, or before the 8
receipt of, the dangerous goods. 9
(2) For subsection (1)(b), information is appropriate if the information 10
clearly identifies the dangerous goods and states-- 11
(a) the precautions to be taken for the safe storage and handling of the 12
dangerous goods; and 13
(b) the hazards associated with the storage and handling of the 14
dangerous goods. 15
of designers, manufacturers, importers, suppliers and 16
Obligations
installers of storage or handling systems 17
26.(1) A designer or importer of a storage or handling system for use at 18
a major hazard facility or dangerous goods location has an obligation to 19
ensure the system is designed so that, when used properly, the risk to 20
persons, property or the environment from the use of the system is at an 21
acceptable level of risk. 22
(2) A manufacturer or importer of a storage or handling system for use 23
at a major hazard facility or dangerous goods location has an obligation to 24
ensure the system is constructed so that, when used properly, the risk to 25
persons, property or the environment from the use of the system is at an 26
acceptable level of risk. 27
(3) A designer, manufacturer, importer or supplier of a storage or 28
handling system for use at a major hazard facility or dangerous goods 29
location must take all reasonable steps to ensure appropriate information 30
about the safe use of the system is available to the occupier of the facility or 31
location, including information about the maintenance necessary for the safe 32
use of the system. 33
s 27 23 s 28
Dangerous Goods Safety Management
(4) For subsection (3), information is appropriate if the information 1
states-- 2
(a) the use for which the storage or handling system has been 3
designed and tested; and 4
(b) any conditions that must be complied with if the system is to be 5
used safely so that risk to persons, property or the environment is 6
at an acceptable level of risk. 7
(5) An installer of a storage or handling system at a major hazard facility 8
or dangerous goods location has an obligation to install the system in a way 9
so that when the system is used properly, the risk to persons, property or 10
the environment is at an acceptable level of risk. 11
of suppliers and installers for known hazards etc. 12
Obligations
27.(1) This section applies to a person if the person-- 13
(a) is a supplier or installer of a storage or handling system who 14
becomes aware of a hazard or defect associated with the system 15
that may create an unacceptable level of risk to users of the 16
system; and 17
(b) has supplied the system to the occupier of, or has installed the 18
system in, a major hazard facility or dangerous goods location for 19
use at the facility or location. 20
(2) A person to whom this section applies has an obligation to take all 21
reasonable steps to inform the present occupier-- 22
(a) of the nature of the hazard or defect and its significance; and 23
(b) any modifications or controls of which the person is aware that 24
have been developed to eliminate or correct the hazard or defect or 25
manage the risk. 26
Division 3--Defences 27
for div 1 or 2 28
Defences
28.(1) It is a defence in a proceeding against a person for a contravention 29
s 29 24 s 29
Dangerous Goods Safety Management
of a safety obligation imposed on the person under division 1 or 2 relating 1
to a risk for the person to prove-- 2
(a) if a regulation has been made about the way to achieve an 3
acceptable level of risk--the person followed the way prescribed 4
in the regulation to prevent the contravention; or 5
(b) subject to paragraph (a), if a recognised standard has been made 6
stating a way to achieve an acceptable level of a risk-- 7
(i) the person adopted and followed a stated way to prevent the 8
contravention; or 9
(ii) the person adopted and followed another way that achieved a 10
level of risk that is equal to or lower than the acceptable level 11
to prevent the contravention; or 12
(c) if no regulation or recognised standard prescribes or states a way 13
to discharge the person's safety obligation relating to the 14
risk--that the person took reasonable precautions and exercised 15
proper diligence to prevent the contravention. 16
(2) Also, it is a defence in a proceeding against a person for an offence 17
against section 18 for the person to prove that the commission of the 18
offence was due to causes over which the person had no control. 19
(3) The Criminal Code, sections 23 and 24,5 do not apply to a 20
contravention of section 18.6 21
PART 3--RECOGNISED STANDARDS 22
standards 23
Recognised
29.(1) The Minister may make standards ("recognised standards") 24
stating ways to achieve an acceptable level of risk. 25
(2) The Minister must notify the making of a recognised standard. 26
5 Criminal Code, sections 23 (Intention--motive) and 24 (Mistake of fact)
6 Section 18 (Discharge of obligations)
s 30 25 s 31
Dangerous Goods Safety Management
(3) A recognised standard takes effect-- 1
(a) on the day the Minister's notice is notified or published in the 2
gazette; or 3
(b) if a later day is stated in the Minister's notice or the standard--on 4
that day. 5
(4) The chief executive must keep a copy of each recognised standard 6
and any document applied, adopted or incorporated by the standard 7
available for inspection, without charge, during normal business hours at 8
the department office dealing with the safety of hazardous materials. 9
(5) The chief executive must, if asked, advise where a copy of a 10
recognised standard may be obtained. 11
(6) A notice mentioned in subsection (2) is subordinate legislation. 12
of recognised standard in proceedings 13
Use
30. A recognised standard is admissible in evidence in a proceeding 14
under this Act if-- 15
(a) the proceeding relates to a contravention of a safety obligation 16
imposed on a person under part 2; and 17
(b) it is claimed that the person contravened the obligation by failing 18
to achieve an acceptable level of risk; and 19
(c) the recognised standard is about achieving an acceptable level of 20
risk. 21
ART 4--MAJOR HAZARD FACILITIES 22
P
Division 1--Classification of facilities as major hazard facilities 23
of "major hazard facility" and "possible major hazard 24
Meaning
facility" 25
31.(1) A "major hazard facility" is a facility that is classified by the 26
s 32 26 s 32
Dangerous Goods Safety Management
chief executive under this division as a major hazard facility. 1
(2) A "possible major hazard facility" means either of the following 2
facilities, other than a facility under a declaration under section 32(5)-- 3
(a) a facility where a hazardous material is stored or handled if the 4
quantity of the material is more than the quantity prescribed under 5
a regulation; 6
(b) a facility that the occupier of the facility intends to use for the 7
storage or handling of a hazardous material if the quantity of the 8
material that is likely to be stored or handled is more than the 9
quantity prescribed under a regulation. 10
executive may classify facility as major hazard facility 11
Chief
32.(1) The chief executive may, after consultation with the occupier of a 12
facility, by gazette notice, make a decision under section 33 classifying the 13
facility as a major hazard facility. 14
(2) The gazette notice must-- 15
(a) include a description of the area occupied by the major hazard 16
facility; and 17
(b) indicate in broad terms the reasons for the classification. 18
(3) Within 7 days after making the decision, the chief executive must 19
give notice of the decision to the occupier. 20
(4) The notice must-- 21
(a) include the reasons for the decision; and 22
(b) tell the occupier of the occupier's right of appeal against the 23
decision and how to appeal. 24
(5) If the chief executive decides not to make a decision under section 33 25
classifying the facility as a major hazard facility, the chief executive must 26
declare, by written notice to the occupier of the facility, that the facility as 27
described in the declaration is not a major hazard facility. 28
s 33 27 s 34
Dangerous Goods Safety Management
for classification 1
Grounds
33.(1) The chief executive must classify a facility as a major hazard 2
facility if the chief executive is reasonably satisfied that-- 3
(a) the quantity of hazardous materials stored or handled, or that is 4
likely to be stored or handled, at the facility is more than the 5
quantity prescribed under a regulation; and 6
(b) a hazardous materials emergency at the facility could pose a risk 7
to persons, property or the environment outside the facility. 8
(2) Also, the chief executive may classify a facility as a major hazard 9
facility if the chief executive is reasonably satisfied that, having regard to 10
both the following matters, the requirements applying under this Act for 11
major hazard facilities should apply to the facility-- 12
(a) the potential for a hazardous materials emergency to come into 13
existence at the facility; 14
(b) the extent to which a hazardous materials emergency at the facility 15
would pose a risk to persons, property or the environment. 16
executive may declassify major hazard facility 17
Chief
34.(1) The chief executive may, after consultation with the occupier of a 18
major hazard facility, by gazette notice, declassify the facility from its status 19
as a major hazard facility if the chief executive reasonably considers 20
grounds for the classification no longer exist. 21
(2) A gazette notice under subsection (1) must-- 22
(a) include a description of the area occupied by the facility being 23
declassified; and 24
(b) indicate in broad terms the reasons for the declassification. 25
(3) The chief executive must, by gazette notice, declassify a facility from 26
its status as a major hazard facility if an appeal against the classification of 27
the facility as a major hazard facility is successful. 28
(4) The chief executive must give notice of the declassification to the 29
occupier of the facility. 30
s 35 28 s 36
Dangerous Goods Safety Management
2--Notification to chief executive about possible major hazard 1
Division
facilities 2
to notify chief executive of existing possible major hazard 3
Obligation
facility 4
35.(1) This section applies to a possible major hazard facility that is 5
operational at the commencement of this section. 6
(2) The occupier of the facility must notify the chief executive about the 7
facility as required by subsection (3) to allow the chief executive to decide 8
whether the chief executive should classify the facility as a major hazard 9
facility, unless the occupier has a reasonable excuse. 10
Maximum penalty--200 penalty units. 11
(3) Notification under subsection (2) must-- 12
(a) be in the approved form; and 13
(b) be given within 3 months after the commencement of this 14
section. 15
to notify chief executive of new possible major hazard 16
Obligation
facility 17
36.(1) This section applies to a possible major hazard facility that is not 18
operational at the commencement of this section. 19
(2) The occupier of the facility must notify the chief executive about the 20
facility as required by subsection (3) to allow the chief executive to decide 21
whether the chief executive should classify the facility as a major hazard 22
facility, unless the occupier has a reasonable excuse. 23
Maximum penalty--200 penalty units. 24
(3) Notification under subsection (2) must be in the approved form and 25
must-- 26
(a) for a facility that starts operations within 12 months after the 27
commencement of this section, be given to the chief executive-- 28
(i) if the facility starts operations within 2 months after the 29
commencement--within 7 days after the commencement; or 30
s 37 29 s 37
Dangerous Goods Safety Management
(ii) otherwise--at least 2 months before the facility starts 1
operations; or 2
(b) for a facility that starts operations more than 12 months after the 3
commencement of this section, be given to the chief executive at 4
least 6 months before the facility starts operations. 5
to notify chief executive of certain upgrades of facilities 6
Obligation
37.(1) This section applies to a facility, other than a major hazard facility, 7
if there is a change in relation to the facility that involves any of the 8
following-- 9
(a) the facility becoming a possible major hazard facility; 10
(b) for a facility that is the subject of a declaration under 11
section 32(5)-- 12
(i) the quantity of hazardous materials stored or handled, or 13
likely to be stored or handled, at the facility is more than the 14
quantity stated in the declaration; or 15
(ii) other hazardous materials, other than materials of the type 16
stated in the declaration, are stored or handled, or likely to be 17
stored or handled, at the facility. 18
(2) If a facility is an upgraded facility, the occupier of the facility must 19
notify the chief executive about the facility as required by subsection (3) to 20
allow the chief executive to decide whether the chief executive should 21
classify the facility as a major hazard facility, unless the occupier has a 22
reasonable excuse. 23
Maximum penalty--200 penalty units. 24
(3) Notification under subsection (2) must be in the approved form and 25
must-- 26
(a) if the facility is upgraded within 12 months after the 27
commencement of this section, be given to the chief executive-- 28
(i) if the facility starts operations as an upgraded facility within 29
2 months after the commencement--within 7 days after the 30
commencement; or 31
(ii) otherwise--at least 2 months before the facility starts 32
s 38 30 s 39
Dangerous Goods Safety Management
operations as an upgraded facility; or 1
(b) if the facility is upgraded more than 12 months after the 2
commencement of this section, be given to the chief executive at 3
least 6 months before the upgraded facility starts operations. 4
(4) In this section-- 5
"upgraded facility" means a facility that, as a result of a change in relation 6
to the facility, is a facility of the type to which this section applies. 7
to notify chief executive of modification to a major hazard 8
Obligation
facility 9
38. Before the occupier of a major hazard facility undertakes 10
modifications of the facility that will significantly alter the risk associated 11
with the facility, the occupier must notify the chief executive about the 12
modifications, unless the occupier has a reasonable excuse. 13
Maximum penalty--200 penalty units. 14
to comply with chief executive's notice requiring 15
Obligation
information about possible major hazard facility 16
39.(1) This section applies to a facility if the chief executive-- 17
(a) becomes aware of the presence, including the likely presence, of 18
hazardous materials at the facility; and 19
(b) reasonably considers the facility may be classified as a major 20
hazard facility under section 33. 21
(2) The chief executive may, by notice given to the occupier of the 22
facility, require the occupier to notify the chief executive in the approved 23
form, within the time stated in the notice, of stated information about the 24
facility to allow the chief executive to decide whether the chief executive 25
should classify the facility as a major hazard facility. 26
(3) The time stated in the notice must not be less than 14 days after the 27
notice is given to the occupier. 28
s 40 31 s 41
Dangerous Goods Safety Management
(4) The occupier must comply with the requirement, unless the occupier 1
has a reasonable excuse. 2
Maximum penalty for subsection (4)--200 penalty units. 3
3--Other obligations of occupiers of major hazard facilities 4
Division
obligations of occupier of major hazard facility 5
Other
40.(1) The occupier of a major hazard facility has the obligations under 6
this division. 7
(2) These obligations are in addition to any other obligation imposed on 8
the occupier of a major hazard facility under this Act. 9
must carry out systematic risk assessment 10
Occupier
41.(1) The occupier of a major hazard facility must, in consultation with 11
the employees at the facility, carry out, document, review and update a 12
systematic risk assessment that as far as practicable-- 13
(a) identifies all hazards that may lead to a major accident at the 14
facility; and 15
(b) assesses the likelihood of a major accident happening at the 16
facility and its effects if it does happen; and 17
(c) assesses the overall risk from the major hazard facility. 18
(2) The systematic risk assessment must be carried out and 19
documented-- 20
(a) for a facility classified as a major hazard facility within 12 months 21
after the commencement of this section--within 4 months after 22
classification; or 23
(b) for a facility classified as a major hazard facility more than 24
12 months after the commencement of this section--within 25
3 months after classification. 26
(3) The systematic risk assessment for a major hazard facility must be 27
reviewed and updated before the facility is modified in a way that 28
significantly alters the risk associated with the facility. 29
s 42 32 s 44
Dangerous Goods Safety Management
plans and procedures for major hazard facility 1
Emergency
42. For section 23(d), emergency plans and procedures for a major 2
hazard facility must be established and documented-- 3
(a) for a facility classified as a major hazard facility within 12 months 4
after the commencement of this section--within 8 months after 5
classification; or 6
(b) for a facility classified as a major hazard facility more than 7
12 months after the commencement of this section--within 8
3 months after classification. 9
must consult about emergency plans and procedures 10
Occupier
43. In establishing, maintaining and documenting emergency plans and 11
procedures the occupier of a major hazard facility must also consult with-- 12
(a) emergency services; and 13
(b) persons and owners who must be consulted under 14
section 46(2)(a). 15
must provide education and training 16
Occupier
44.(1) For section 23(f), for a major hazard facility, education and 17
training must-- 18
(a) establish and maintain the standards of competency of persons at 19
the major hazard facility; and 20
(b) be reviewed and updated so that standards of competency are 21
maintained; and 22
(c) be conducted as often as is necessary to maintain the standards of 23
competency; and 24
(d) be conducted before any modification of the major hazard facility 25
that significantly alters the risk associated with the facility is 26
carried out. 27
(2) The occupier must keep a written record of the matters mentioned in 28
subsection (1). 29
s 45 33 s 46
Dangerous Goods Safety Management
management system for major hazard facility 1
Safety
45.(1) For section 23(g), the safety management system for a major 2
hazard facility must be a documented, comprehensive integrated system for 3
managing safety at the facility and must contain details of-- 4
(a) the system's safety objectives; and 5
(b) the systems and procedures by which the objectives are to be 6
achieved; and 7
(c) the performance criteria that are to be met; and 8
(d) the way in which adherence to the criteria is to be maintained; and 9
(e) other matters prescribed under a regulation. 10
(2) The safety management system must be developed and 11
implemented-- 12
(a) for a facility classified as a major hazard facility within 12 months 13
after the commencement of this section--within 12 months after 14
classification; or 15
(b) for a facility classified as a major hazard facility more than 16
12 months after the commencement of this section--within 17
3 months after classification. 18
(3) Without limiting subsection (1), but subject to subsection (2), the 19
occupier of a major hazard facility must not operate the facility unless there 20
is a safety management system for the facility. 21
(4) The safety management system must be reviewed and updated for 22
the major hazard facility before any modification of the facility that 23
significantly alters the risk associated with the facility is carried out. 24
must consult and give information about safety measures 25
Occupier
46.(1) The occupier of a major hazard facility must identify areas 26
surrounding the facility in which there may be material harm caused if a 27
major accident happens at the facility. 28
(2) The occupier-- 29
(a) must consult with and inform persons in the areas, and owners of 30
property situated in the areas, about the hazards at the major 31
s 47 34 s 47
Dangerous Goods Safety Management
hazard facility and the safety measures that should be taken if a 1
major accident happens at the facility; and 2
(b) must update the information as often as necessary to keep the 3
persons and owners informed about the hazards and the way to 4
respond to a major accident at the facility. 5
(3) For subsection (2)(a), the occupier must first consult and inform 6
persons and owners about hazards and safety measures-- 7
(a) for a facility classified as a major hazard facility within 12 months 8
after the commencement of this section--within 16 months after 9
classification; or 10
(b) for a facility classified as a major hazard facility more than 11
12 months after the commencement of this section--within 12
3 months after classification. 13
(4) If a major accident happens at the facility, the occupier must ensure 14
persons and owners who may be affected by the accident are immediately 15
warned of the danger and advised of the safety measures they should take. 16
must give safety report to chief executive 17
Occupier
47.(1) The occupier of a major hazard facility must give a written report 18
(a "safety report") to the chief executive that includes sufficient detail for 19
the chief executive to decide whether the occupier has satisfied the 20
occupier's obligations under this Act for the following-- 21
(a) the induction, information, supervision, education and training 22
under section 23; 23
(b) the systematic risk assessment under section 41; 24
(c) the emergency plans and procedures under section 42; 25
(d) the safety management system under section 45; 26
(e) the consultation and giving of information under section 46; 27
(f) other obligations prescribed under a regulation. 28
(2) The occupier must give the safety report to the chief executive-- 29
(a) for a facility classified as a major hazard facility within 12 months 30
after the commencement of this section--within 16 months after 31
s 48 35 s 48
Dangerous Goods Safety Management
classification; or 1
(b) for a facility classified as a major hazard facility more than 2
12 months after the commencement of this section--within 3
3 months after classification. 4
(3) The occupier must review the safety report and give an update of it to 5
the chief executive before any modification of the major hazard facility that 6
significantly alters the risk associated with the facility is carried out. 7
(4) However, the occupier must review the safety report and give an 8
update of it to the chief executive at least once every 5 years. 9
(5) The occupier must consult with the employees at the facility when 10
preparing or updating the safety report. 11
(6) The occupier must keep a written record of consultation happening 12
under subsection (5). 13
ART 5--DANGEROUS GOODS LOCATIONS 14
P
1--Identification of dangerous goods locations 15
Division
of "dangerous goods location" 16
Meaning
48.(1) A place is a "dangerous goods location" if stated dangerous 17
goods or combustible liquids are stored or handled at the place, or are likely 18
to be stored or handled at the place, in quantities that are more than the 19
minimum quantities prescribed under a regulation for the stated dangerous 20
goods or combustible liquids. 21
(2) However, a major hazard facility is not a dangerous goods location. 22
(3) In this section-- 23
"stated dangerous goods or combustible liquids" means dangerous 24
goods or combustible liquids prescribed under a regulation for this 25
section. 26
s 49 36 s 50
Dangerous Goods Safety Management
Division 2--Notification to chief executive about possible dangerous 1
goods locations 2
to notify chief executive of possible dangerous goods 3
Obligation
location 4
49.(1) This section applies to a place if, having regard to the presence, 5
including the likely presence, of dangerous goods or combustible liquids at 6
the place, the occupier knows, or ought reasonably to know, that the place is 7
a dangerous goods location. 8
(2) The occupier of the place must, as prescribed under a regulation, 9
notify the chief executive, in the approved form, of information about the 10
storage and handling of dangerous goods or combustible liquids at the 11
place, unless the occupier has a reasonable excuse. 12
Maximum penalty for subsection (2)--50 penalty units. 13
to comply with chief executive's notice requiring 14
Obligation
information about possible dangerous goods location 15
50.(1) This section applies to a place if-- 16
(a) the chief executive becomes aware of the presence or the likely 17
presence of dangerous goods or combustible liquids at the place; 18
and 19
(b) the chief executive reasonably considers that the place is or may 20
be a dangerous goods location. 21
(2) The chief executive may, by notice given to the occupier of the place, 22
require the occupier to notify the chief executive in the approved form, 23
within the time stated in the notice, of information about the place that will 24
indicate whether the place is a dangerous goods location. 25
(3) The time stated in the notice must not be less than 14 days after the 26
notice is given to the occupier. 27
(4) The occupier must comply with the requirement, unless the occupier 28
has a reasonable excuse. 29
Maximum penalty for subsection (4)--50 penalty units. 30
s 51 37 s 53
Dangerous Goods Safety Management
Division 3--Other obligations of occupiers of dangerous goods locations 1
obligations of occupier of dangerous goods locations 2
Other
51.(1) The occupier of a dangerous goods location has the obligations 3
under this division. 4
(2) These obligations are in addition to any other obligation imposed on 5
the occupier of a dangerous goods location under this Act. 6
plans and procedures for dangerous goods locations 7
Emergency
52. For section 23(d), emergency plans and procedures for a dangerous 8
goods location must be established and documented-- 9
(a) for a location that is operational at the commencement of this 10
section or starts operations within 12 months after the 11
commencement--within 12 months after the commencement; or 12
(b) for a location that starts operations more than 12 months after the 13
commencement of this section--before the dangerous goods 14
location starts operations. 15
management system for dangerous goods location 16
Safety
53.(1) For section 23(g), the safety management system for a dangerous 17
goods location must be a documented system for managing the safety of 18
dangerous goods and combustible liquids at the location and must contain 19
details of-- 20
(a) the system's safety objectives; and 21
(b) the systems and procedures by which the objectives are to be 22
achieved; and 23
(c) the performance criteria that are to be met; and 24
(d) the way in which adherence to the criteria is to be maintained; and 25
(e) other matters prescribed under a regulation. 26
(2) The safety management system must be developed and 27
implemented-- 28
s 54 38 s 55
Dangerous Goods Safety Management
(a) for a dangerous goods location that is operational at the 1
commencement of this section or starts operations within 2
12 months after the commencement--within 15 months after the 3
commencement; or 4
(b) for a dangerous goods location that starts operations more than 5
12 months after the commencement of this section--before the 6
dangerous goods location starts operations. 7
(3) Without limiting subsection (1), but subject to subsection (2), the 8
occupier of a dangerous goods location must not operate the location unless 9
there is a safety management system for the location. 10
ART 6--AUTHORISED OFFICERS AND 11
P
DIRECTIVES 12
Division 1--Authorised officers 13
14
Appointment
54.(1) The chief executive may appoint as authorised officers-- 15
(a) public service officers or employees; or 16
(b) fire officers; or 17
(c) employees of a local government; or 18
(d) other persons prescribed under a regulation. 19
(2) If the administration and enforcement of a regulation is devolved to a 20
local government, the local government's chief executive officer may 21
appoint an employee of the local government to be an authorised officer in 22
relation to the administration and enforcement of the devolved regulation. 23
for appointment 24
Qualifications
55. The administering executive may appoint a person as an authorised 25
officer only if-- 26
s 56 39 s 57
Dangerous Goods Safety Management
(a) the administering executive considers the person has the 1
necessary expertise or experience to be an authorised officer; or 2
(b) the person has satisfactorily finished training approved by the 3
chief executive. 4
conditions 5
Appointment
56.(1) An authorised officer holds office on the conditions stated in the 6
instrument of appointment. 7
(2) An authorised officer ceases holding office-- 8
(a) if the appointment provides for a term of appointment--at the end 9
of the term; and 10
(b) if the conditions of appointment provide--on ceasing to hold 11
another office (the "main office") stated in the appointment 12
conditions. 13
(3) An authorised officer may resign by notice of resignation given to the 14
administering executive. 15
(4) However, an authorised officer may not resign from the office of 16
authorised officer (the "secondary office") if a term of the authorised 17
officer's employment in the main office requires the authorised officer to 18
hold the secondary office. 19
20
Powers
57.(1) An authorised officer has the powers given under this Act. 21
(2) An authorised officer appointed under section 54(2) may exercise 22
powers only for the administration and enforcement of the regulation the 23
subject of a devolution to the local government. 24
(3) An authorised officer is subject to the directions of the administering 25
executive in exercising the powers. 26
(4) An authorised officer's powers may be limited-- 27
(a) under a condition of appointment; or 28
(b) by notice given by the administering executive to the authorised 29
officer; or 30
s 58 40 s 59
Dangerous Goods Safety Management
(c) for an authorised officer appointed by the chief executive officer 1
of a local government and without limiting paragraph (a) or (b), 2
by a regulation. 3
of authorised officers 4
Functions
58. An authorised officer has the following functions relating to major 5
hazard facilities, dangerous goods locations and the storage or handling of 6
dangerous goods or combustible liquids-- 7
(a) to enforce this Act; 8
(b) to monitor safety; 9
(c) to inspect and audit places to assess whether risk is at an 10
acceptable level; 11
(d) to inspect and audit systems and procedures to assess whether 12
risk is at an acceptable level; 13
(e) to help persons to achieve the purposes of this Act by providing 14
advice and information on how the purposes may be achieved; 15
(f) to provide the advice and help that may be required from time to 16
time during hazardous materials emergencies; 17
(g) to investigate major accidents or near misses; 18
(h) to investigate complaints. 19
cards 20
Identity
59.(1) The administering executive must give each authorised officer an 21
identity card. 22
(2) The identity card must-- 23
(a) contain a copy of the signature, and a recent photograph, of the 24
authorised officer; and 25
(b) identify the person as an authorised officer under this Act; and 26
(c) include an expiry date for the card. 27
(3) This section does not prevent the issue of a single identity card to a 28
person for this Act and other Acts. 29
s 60 41 s 62
Dangerous Goods Safety Management
to return identity card 1
Failure
60. A person who ceases to be an authorised officer must return the 2
person's identity card to the administering executive as soon as practicable 3
(but within 21 days) after ceasing to be an authorised officer, unless the 4
person has a reasonable excuse. 5
Maximum penalty--40 penalty units. 6
or display of identity card 7
Production
61.(1) An authorised officer may exercise a power in relation to another 8
person only if the authorised officer-- 9
(a) first produces the authorised officer's identity card for the other 10
person's inspection; or 11
(b) has the identity card displayed so it is clearly visible to the other 12
person. 13
(2) However, if for any reason it is not practicable to comply with 14
subsection (1) before exercising the power, the authorised officer must 15
produce the identity card for the other person's inspection at the first 16
reasonable opportunity. 17
2--Powers of authorised officers 18
Division
Subdivision 1--Entry of places 19
to enter places 20
Power
62.(1) An authorised officer may enter a place if-- 21
(a) its occupier consents to the entry; or 22
(b) it is a public place and the entry is made when it is open to the 23
public; or 24
(c) the entry is authorised by a warrant; or 25
(d) it is a major hazard facility, a dangerous goods location, or a 26
workplace under the control of a person who has an obligation 27
s 63 42 s 63
Dangerous Goods Safety Management
under this Act and is-- 1
(i) open for carrying on business; or 2
(ii) otherwise open for entry; or 3
(e) the authorised officer reasonably believes a dangerous situation 4
exists at the place and it is urgent that the authorised officer enter 5
it to take action to prevent, remove or minimise the danger; or 6
(f) the entry is urgently required to investigate the circumstances of a 7
major accident or near miss at the place. 8
(2) For the purpose of asking the occupier of a place for consent to enter, 9
an authorised officer may, without the occupier's consent or a warrant-- 10
(a) enter land around premises at the place to an extent that is 11
reasonable to contact the occupier; or 12
(b) enter part of the place the authorised officer reasonably considers 13
members of the public ordinarily are allowed to enter when they 14
wish to contact the occupier. 15
(3) For subsection (1)(d), a workplace does not include a part of the place 16
where a person resides. 17
(4) An authorised officer who enters a major hazard facility, dangerous 18
goods location or workplace-- 19
(a) must comply with the written safety procedures for the facility, 20
location or workplace; and 21
(b) must not unnecessarily impede business being conducted at the 22
facility, location or workplace. 23
Subdivision 2--Procedure for entry 24
with consent 25
Entry
63.(1) This section applies if an authorised officer intends to ask the 26
occupier of a place to consent to the authorised officer or another authorised 27
officer entering the place. 28
(2) Before asking for the consent, the authorised officer must tell the 29
occupier-- 30
s 64 43 s 64
Dangerous Goods Safety Management
(a) the purpose of the entry; and 1
(b) that the occupier is not required to consent. 2
(3) If the consent is given, the authorised officer may ask the occupier to 3
sign an acknowledgment of the consent. 4
(4) The acknowledgment must state-- 5
(a) the occupier has been told-- 6
(i) the purpose of the entry; and 7
(ii) that the occupier is not required to consent; and 8
(b) the purpose of the entry; and 9
(c) the occupier gives the authorised officer consent to enter the place 10
and exercise powers under this part; and 11
(d) the time and date the consent was given. 12
(5) If the occupier signs an acknowledgment, the authorised officer must 13
immediately give a copy to the occupier. 14
(6) A court must find the occupier did not consent to an authorised 15
officer entering the place under this part if-- 16
(a) an issue arises in a proceeding before the court whether the 17
occupier of the place consented to the entry; and 18
(b) an acknowledgment is not produced in evidence for the entry; and 19
(c) it is not proved by the person relying on the lawfulness of the 20
entry that the occupier consented to the entry. 21
for warrant 22
Application
64.(1) An authorised officer may apply to a magistrate for a warrant for a 23
place. 24
(2) The application must be sworn and state the grounds on which the 25
warrant is sought. 26
(3) The magistrate may refuse to consider the application until the 27
authorised officer gives the magistrate all the information the magistrate 28
s 65 44 s 66
Dangerous Goods Safety Management
requires about the application in the way the magistrate requires. 1
2
Example--
3
The magistrate may require additional information supporting the application to be
4
given by statutory declaration.
of warrant 5
Issue
65.(1) The magistrate may issue a warrant only if the magistrate is 6
satisfied there are reasonable grounds for suspecting-- 7
(a) there is a particular thing or activity (the "evidence") that may 8
provide evidence of an offence against this Act; and 9
(b) the evidence is at the place, or may be at the place, within the next 10
7 days. 11
(2) The warrant must state-- 12
(a) that a stated authorised officer may, with necessary and 13
reasonable help and force-- 14
(i) enter the place and any other place necessary for entry; and 15
(ii) exercise the authorised officer's powers under this part; and 16
(b) the offence for which the warrant is sought; and 17
(c) the evidence that may be seized under the warrant; and 18
(d) the hours of the day or night when the place may be entered; and 19
(e) the date, within 14 days after the warrant's issue, the warrant 20
ends. 21
warrants 22
Special
66.(1) An authorised officer may apply for a warrant (a "special 23
warrant") by phone, fax, radio or another form of communication if the 24
authorised officer considers it necessary because of-- 25
(a) urgent circumstances; or 26
(b) other special circumstances, including, for example, the 27
authorised officer's remote location. 28
(2) Before applying for the warrant, the authorised officer must prepare 29
s 66 45 s 66
Dangerous Goods Safety Management
an application stating the grounds on which the warrant is sought. 1
(3) The authorised officer may apply for the warrant before the 2
application is sworn. 3
(4) After issuing the warrant, the magistrate must immediately fax a 4
copy to the authorised officer if it is reasonably practicable to fax the copy. 5
(5) If it is not reasonably practicable to fax a copy to the authorised 6
officer-- 7
(a) the magistrate must tell the authorised officer-- 8
(i) what the terms of the warrant are; and 9
(ii) the date and time the warrant was issued; and 10
(b) the authorised officer must complete a form of warrant (a 11
"warrant form") and write on it-- 12
(i) the magistrate's name; and 13
(ii) the date and time the magistrate issued the warrant; and 14
(iii) the terms of the warrant. 15
(6) The facsimile warrant, or the warrant form properly completed by the 16
authorised officer, authorises the entry and the exercise of the other powers 17
stated in the warrant issued by the magistrate. 18
(7) The authorised officer must, at the first reasonable opportunity, send 19
to the magistrate-- 20
(a) the sworn application; and 21
(b) if the authorised officer completed a warrant form--the 22
completed warrant form. 23
(8) On receiving the documents, the magistrate must attach them to the 24
warrant. 25
(9) A court must find the exercise of the power by an authorised officer 26
was not authorised by a special warrant if-- 27
(a) an issue arises in a proceeding before the court whether the 28
exercise of the power was authorised by a special warrant; and 29
(b) the warrant is not produced in evidence; and 30
s 67 46 s 68
Dangerous Goods Safety Management
(c) it is not proved by the person relying on the lawfulness of the 1
entry that the authorised officer obtained the warrant. 2
before entry 3
Warrants--procedure
67.(1) This section applies if an authorised officer named in a warrant 4
issued under this part for a place is intending to enter the place under the 5
warrant. 6
(2) Before entering the place, the authorised officer must do or make a 7
reasonable attempt to do the following things-- 8
(a) identify himself or herself to a person present at the place who is 9
the occupier of the place by producing a copy of the authorised 10
officer's identity card or other document evidencing the 11
appointment; 12
(b) give the person a copy of the warrant or, if the entry is authorised 13
by a facsimile warrant or warrant form mentioned in 14
section 66(6), a copy of the facsimile warrant or warrant form; 15
(c) tell the person the authorised officer is permitted by the warrant to 16
enter the place; 17
(d) give the person an opportunity to allow the authorised officer 18
immediate entry to the place without using force. 19
(3) However, the authorised officer need not comply with subsection (2) 20
if the authorised officer believes on reasonable grounds that immediate 21
entry to the place is required to ensure the effective execution of the warrant 22
is not frustrated. 23
Subdivision 3--General powers 24
powers after entering places 25
General
68.(1) This section applies to an authorised officer who enters a place. 26
(2) However, if an authorised officer enters a place to get the occupier's 27
consent to enter a place, this section applies to the authorised officer only if 28
the consent is given or the entry is otherwise authorised. 29
s 69 47 s 70
Dangerous Goods Safety Management
(3) For monitoring and enforcing compliance with this Act, the 1
authorised officer may-- 2
(a) search any part of the place; or 3
(b) inspect, measure, test, photograph or film any part of the place or 4
anything at the place; or 5
(c) take a thing, or a sample of or from a thing, at the place for 6
analysis or testing; or 7
(d) copy a document at the place; or 8
(e) take into or onto the place any persons, equipment and materials 9
the authorised officer reasonably requires for exercising a power 10
under this part; or 11
(f) require a person at the place, to give the authorised officer 12
reasonable help to exercise the authorised officer's powers under 13
paragraphs (a) to (e); or 14
(g) require a person at the place, to answer questions by the 15
authorised officer to help the authorised officer ascertain whether 16
this Act is being or has been complied with. 17
(4) When making a requirement mentioned in subsection (3)(f) or (g), 18
the authorised officer must warn the person it is an offence to fail to comply 19
with the requirement, unless the person has a reasonable excuse. 20
to help authorised officer 21
Failure
69.(1) A person required to give reasonable help under section 68(3)(f) 22
must comply with the requirement, unless the person has a reasonable 23
excuse. 24
Maximum penalty--100 penalty units. 25
(2) If a requirement under section 68(3)(f) relates to a document, it is a 26
reasonable excuse for the person not to comply with the requirement that 27
complying with the requirement might tend to incriminate the person. 28
to answer questions 29
Failure
70.(1) A person of whom a requirement is made under section 68(3)(g) 30
s 71 48 s 72
Dangerous Goods Safety Management
must, unless the person has a reasonable excuse, comply with the 1
requirement.7 2
Maximum penalty--100 penalty units. 3
(2) It is a reasonable excuse for the person to fail to comply with the 4
requirement that complying with the requirement might tend to incriminate 5
the person. 6
Subdivision 4--Power to seize evidence 7
evidence at major hazard facility, dangerous goods location or 8
Seizing
other place 9
71. An authorised officer who enters a place under this part without the 10
consent of the occupier and without a warrant, may seize a thing at the place 11
only if the authorised officer reasonably believes the thing is evidence of an 12
offence against this Act. 13
evidence at a place that may only be entered with consent or 14
Seizing
warrant 15
72.(1) This section applies if-- 16
(a) an authorised officer is authorised to enter a place under this part 17
only with the consent of the occupier or a warrant; and 18
(b) the authorised officer enters the place after obtaining the necessary 19
consent or warrant. 20
(2) If the authorised officer enters the place with the occupier's consent, 21
the authorised officer may seize a thing at the place only if-- 22
(a) the authorised officer reasonably believes the thing is evidence of 23
an offence against this Act; and 24
(b) seizure of the thing is consistent with the purpose of entry as told 25
to the occupier when asking for the occupier's consent. 26
7 Also, a person must not state anything the person knows to be false or
misleading in a material particular--see section 110 (False or misleading
statements).
s 73 49 s 74
Dangerous Goods Safety Management
(3) If the authorised officer enters the place with a warrant, the authorised 1
officer may seize the evidence for which the warrant was issued. 2
(4) The authorised officer also may seize anything else at the place if the 3
authorised officer reasonably believes-- 4
(a) the thing is evidence of an offence against this Act; and 5
(b) the seizure is necessary to prevent the thing being-- 6
(i) hidden, lost or destroyed; or 7
(ii) used to continue, or repeat, the offence. 8
(5) Also, the authorised officer may seize a thing at the place if the 9
authorised officer reasonably believes it has just been used in committing an 10
offence against this Act. 11
seized things 12
Securing
73. Having seized a thing, an authorised officer may-- 13
(a) move the thing from the place where it was seized (the "place of 14
seizure"); or 15
(b) leave the thing at the place of seizure, but take reasonable action to 16
restrict access to it. 17
18
Examples of restricting access to a thing--
19
1. Sealing a thing and marking it to show access to it is restricted.
20
2. Sealing the entrance to a room where the thing is situated and marking it
21
to show access to it is restricted.
with seized things 22
Tampering
74.(1) If an authorised officer restricts access to a seized thing, a person 23
must not tamper with the thing, or something restricting access to the thing, 24
without an authorised officer's approval. 25
Maximum penalty--100 penalty units. 26
(2) In this section-- 27
"tamper" includes attempt to tamper. 28
s 75 50 s 76
Dangerous Goods Safety Management
to support seizure 1
Powers
75.(1) To enable a thing to be seized, an authorised officer may require 2
the person in control of it-- 3
(a) to take it to a stated reasonable place by a stated reasonable time; 4
and 5
(b) if necessary, to remain in control of it at the stated place for a 6
reasonable time. 7
(2) The requirement-- 8
(a) must be made by notice; or 9
(b) if for any reason it is not practicable to give the notice, may be 10
made orally and confirmed by notice as soon as practicable. 11
(3) A further requirement may be made under this section about the 12
same thing if it is necessary and reasonable to make the further requirement. 13
(4) A person of whom the requirement is made under subsection (1) 14
or (3) must comply with the requirement, unless the person has a 15
reasonable excuse. 16
Maximum penalty--100 penalty units. 17
(5) Subject to section 109,8 the cost of complying with subsection (1) or 18
(3) must be borne by the person. 19
officer may require thing's return 20
Authorised
76.(1) If an authorised officer has required a person to take a thing to a 21
stated place by a stated reasonable time under section 75 the authorised 22
officer may require the person to return the thing to the place from which it 23
was taken. 24
(2) A person of whom the requirement is made under subsection (1) 25
must comply with the requirement, unless the person has a reasonable 26
excuse. 27
Maximum penalty--100 penalty units. 28
8 Section 109 (Compensation)
s 77 51 s 78
Dangerous Goods Safety Management
(3) Subject to section 109, the cost of complying with subsection (1) 1
must be borne by the person. 2
for seized things 3
Receipts
77.(1) As soon as practicable after an authorised officer seizes a thing, 4
the authorised officer must give a receipt for it to the person from whom it 5
was seized. 6
(2) However, if for any reason it is not practicable to comply with 7
subsection (1), the authorised officer must leave the receipt at the place of 8
seizure in a conspicuous position and in a reasonably secure way. 9
(3) The receipt must describe generally each thing seized and its 10
condition. 11
(4) This section does not apply to a thing if it is impracticable or would 12
be unreasonable to give the receipt, given the thing's nature, condition and 13
value. 14
of seized things 15
Forfeiture
78.(1) A seized thing is forfeited to the State if the authorised officer who 16
seized the thing-- 17
(a) can not find its owner, after making reasonable inquiries; or 18
(b) can not return it to its owner, after making reasonable efforts. 19
(2) In applying subsection (1)-- 20
(a) subsection (1)(a) does not require the authorised officer to make 21
inquiries if it would be unreasonable to make inquiries to find the 22
owner; and 23
(b) subsection (1)(b) does not require the authorised officer to make 24
efforts if it would be unreasonable to make efforts to return the 25
thing to its owner. 26
(3) Regard must be had to a thing's nature, condition and value in 27
deciding-- 28
(a) whether it is reasonable to make inquiries or efforts; and 29
s 79 52 s 81
Dangerous Goods Safety Management
(b) if making inquiries or efforts, what inquiries or efforts, including 1
the period over which they are made, are reasonable. 2
of seized things 3
Return
79.(1) If a thing has been seized but not forfeited, the authorised officer 4
must return it to its owner-- 5
(a) at the end of 6 months; or 6
(b) if a proceeding for an offence involving the thing is started within 7
6 months, at the end of the proceeding and any appeal from the 8
proceeding. 9
(2) However, unless the thing has been forfeited, the authorised officer 10
must immediately return a thing seized as evidence to its owner if the 11
authorised officer stops being satisfied its continued retention as evidence is 12
necessary. 13
to seized things 14
Access
80.(1) Until a thing that has been seized is forfeited or returned, an 15
authorised officer must allow its owner to inspect it and, if it is a document, 16
to copy it. 17
(2) Subsection (1) does not apply if it is impracticable or would be 18
unreasonable to allow the inspection or copying. 19
5--Power to obtain information 20
Subdivision
to require name and address 21
Power
81.(1) This section applies if-- 22
(a) an authorised officer finds a person committing an offence 23
against this Act; or 24
(b) an authorised officer finds a person in circumstances that lead, or 25
has information that leads, the authorised officer reasonably to 26
suspect the person has just committed an offence against this Act. 27
(2) The authorised officer may require the person to state the person's 28
s 82 53 s 83
Dangerous Goods Safety Management
name and residential address. 1
(3) When making the requirement, the authorised officer must warn the 2
person it is an offence to fail to state the person's name or residential 3
address, unless the person has a reasonable excuse. 4
(4) The authorised officer may require the person to give the authorised 5
officer evidence of the correctness of the stated name or residential address 6
if the authorised officer reasonably suspects the stated name or address to 7
be false. 8
(5) A requirement under subsection (2) or (4) is a "personal details 9
requirement". 10
to give name or address 11
Failure
82.(1) A person of whom a personal details requirement is made must 12
comply with the requirement, unless the person has a reasonable excuse. 13
Maximum penalty--40 penalty units. 14
(2) A person does not commit an offence against subsection (1) if-- 15
(a) the person was required to state the person's name and residential 16
address by an authorised officer who suspected the person had 17
committed an offence against this Act; and 18
(b) the person is not proved to have committed the offence against 19
this Act. 20
to require production of documents 21
Power
83.(1) An authorised officer may require a person who has safety 22
obligations under this Act to make available, or produce, for inspection by 23
the authorised officer at a reasonable time and place nominated by the 24
authorised officer, a document to which the person has access that relates or 25
is related to the person's obligations under this Act. 26
(2) The authorised officer may keep the document to copy it. 27
(3) If the authorised officer copies the document, or an entry in the 28
document, the authorised officer may require the person responsible for 29
keeping the document to certify the copy as a true copy of the document or 30
entry. 31
s 84 54 s 85
Dangerous Goods Safety Management
(4) The authorised officer must return the document to the person as 1
soon as practicable after copying it. 2
(5) However, if a requirement (a "document certification 3
requirement") is made of a person under subsection (3), the authorised 4
officer may keep the document until the person complies with the 5
requirement. 6
(6) Also, an authorised officer may keep the document if the authorised 7
officer reasonably believes it is required for the investigation of a major 8
accident or near miss. 9
(7) A requirement under subsection (1) is a "document production 10
requirement". 11
to produce document 12
Failure
84.(1) A person of whom a document production requirement is made 13
must comply with the requirement, unless the person has a reasonable 14
excuse. 15
Maximum penalty--200 penalty units. 16
(2) It is a reasonable excuse for a person not to comply with a document 17
production requirement if complying with the requirement might tend to 18
incriminate the person. 19
to certify copy of document 20
Failure
85.(1) A person of whom a document certification requirement is made 21
must comply with the requirement, unless the person has a reasonable 22
excuse. 23
Maximum penalty--100 penalty units. 24
(2) It is a reasonable excuse for a person not to comply with a document 25
certification requirement if complying with the requirement might tend to 26
incriminate the person. 27
s 86 55 s 87
Dangerous Goods Safety Management
to require attendance of persons before an authorised officer to 1
Power
answer questions 2
86.(1) An authorised officer may require a person to attend before the 3
authorised officer and to answer questions-- 4
(a) relevant to the discharge of the person's safety obligations under 5
this Act; or 6
(b) on safety matters relevant to the operation of a major hazard 7
facility or dangerous goods location; or 8
(c) to ascertain whether this Act is being complied with. 9
(2) A requirement made of a person under this section to attend before an 10
authorised officer must-- 11
(a) be made by notice given to the person; and 12
(b) state a reasonable time and place for the person's attendance. 13
(3) When making a requirement under this section, the authorised officer 14
must warn the person it is an offence to fail to comply with the requirement, 15
unless the person has a reasonable excuse. 16
to comply with requirement about attendance 17
Failure
87.(1) A person of whom a requirement is made under section 86 must 18
not, unless the person has a reasonable excuse-- 19
(a) fail to attend before the authorised officer at the time and place 20
stated in the notice; or 21
(b) when attending before the authorised officer, fail to comply with a 22
requirement to answer a question.9 23
Maximum penalty--100 penalty units. 24
(2) It is a reasonable excuse for a person to fail to comply with a 25
requirement to answer a question if complying with the requirement might 26
tend to incriminate the person. 27
9 Also a person must not state anything the person knows to be false or misleading
in a material particular--see section 110 (False or misleading statements).
s 88 56 s 89
Dangerous Goods Safety Management
3--Directives by authorised officers 1
Division
1--Giving directives 2
Subdivision
officer may give directive 3
Authorised
88. A directive may be given by an authorised officer, and for a matter, 4
mentioned in subdivision 2. 5
directive is given 6
How
89.(1) A directive under subdivision 2 must be given in writing to the 7
occupier of the major hazard facility or dangerous goods location to which 8
the directive relates. 9
(2) However, for sections 91, 96, 97 and 98,10 a directive is to be given 10
to the person and in the way stated in the sections. 11
(3) A directive, whether given orally or by notice, and any confirmation 12
by notice of an oral directive, must state the following-- 13
(a) that the person given the directive may apply under subdivision 4 14
for the directive to be reviewed; 15
(b) the name and address of the person to whom the application may 16
be made; 17
(c) the time for making the application. 18
(4) Failure to comply with subsection (3) does not affect the validity of 19
the directive. 20
10 Sections 91 (Directive to reduce risk), 96 (Directive to stop and secure storage
or handling systems), 97 (Directive to suspend operations for unacceptable level
of risk) and 98 (Directive to isolate site)
s 90 57 s 93
Dangerous Goods Safety Management
Subdivision 2--Matters for which directives may be given 1
to carry out assessment 2
Directive
90.(1) This section applies if an authorised officer reasonably suspects a 3
risk from a major hazard facility or dangerous goods location is not at an 4
acceptable level of risk. 5
(2) The authorised officer may give a directive to carry out a stated 6
assessment or to give stated information to enable the authorised officer to 7
decide whether the level of risk is at an acceptable level of risk. 8
to reduce risk 9
Directive
91.(1) This section applies if an authorised officer reasonably believes a 10
risk from a major hazard facility or dangerous goods location is not at an 11
acceptable level of risk. 12
(2) The authorised officer may give a directive to the occupier of the 13
facility or location to take stated corrective or preventative action to reduce 14
the risk to an acceptable level. 15
(3) The directive may be given orally or by notice. 16
(4) If the directive is given orally, the authorised officer giving the 17
directive must confirm the directive by notice to the occupier within 2 days. 18
(5) Failure to comply with subsection (4) does not affect the validity of 19
the directive. 20
to review safety management system 21
Directive
92. If an authorised officer reasonably believes the safety management 22
system for a major hazard facility or dangerous goods location is 23
inadequate, the authorised officer may give a directive to review the safety 24
management system. 25
to review systematic risk assessment 26
Directive
93. If an authorised officer reasonably believes the systematic risk 27
s 94 58 s 97
Dangerous Goods Safety Management
assessment for a major hazard facility is inadequate, the authorised officer 1
may give a directive to review the systematic risk assessment. 2
to review emergency plans and procedures 3
Directive
94. If an authorised officer reasonably believes the emergency plans and 4
procedures mentioned in section 23(d) for a major hazard facility or 5
dangerous goods location are inadequate, the authorised officer may give a 6
directive to review the emergency plans and procedures. 7
to review safety report 8
Directive
95. If an authorised officer reasonably believes the safety report for a 9
major hazard facility is inadequate, the authorised officer may give a 10
directive to review the safety report. 11
to stop and secure storage or handling systems 12
Directive
96.(1) This section applies if an authorised officer reasonably believes a 13
storage or handling system at a major hazard facility, dangerous goods 14
location or other place has caused, or is likely to cause, harm to a person 15
that requires or may require treatment by a doctor. 16
(2) The authorised officer may give a directive to the person apparently in 17
charge of the storage or handling system to stop the operation of the system 18
and prevent it from being further operated. 19
(3) The directive may be given orally or by notice. 20
(4) If the directive is given orally, the authorised officer giving the 21
directive must confirm the directive by notice to the occupier of the facility 22
or location within 2 days. 23
(5) Failure to comply with subsection (4) does not affect the validity of 24
the directive. 25
to suspend operations for unacceptable level of risk 26
Directive
97.(1) This section applies if an authorised officer reasonably believes 27
risk from operations being conducted at a major hazard facility or 28
dangerous goods location is not at an acceptable level. 29
s 98 59 s 99
Dangerous Goods Safety Management
(2) The authorised officer may give a directive to the occupier of the 1
facility or location to suspend operations in all or part of the facility or 2
location. 3
(3) The directive may be given orally or by notice. 4
(4) If the directive is given orally, the authorised officer giving the 5
directive must confirm the directive by notice to the occupier of the facility 6
or location within 2 days. 7
(5) Failure to comply with subsection (4) does not affect the validity of 8
the directive. 9
to isolate site 10
Directive
98.(1) If an authorised officer believes it is necessary to preserve 11
evidence after a major accident, the authorised officer may give a directive 12
to the occupier of a major hazard facility or dangerous goods location to 13
isolate and protect the site of the major accident. 14
(2) The directive may be given orally or by notice. 15
(3) If the directive is given orally, the authorised officer giving the 16
directive must confirm the directive by notice to the occupier of the facility 17
or location within 2 days. 18
(4) Failure to comply with subsection (3) does not affect the validity of 19
the directive. 20
to provide independent study or audit 21
Directive
99.(1) An authorised officer may give a directive to provide an 22
independent study or audit about-- 23
(a) risks arising out of the operation of a major hazard facility or 24
dangerous goods location; or 25
(b) the safety of part or all of any storage or handling system, 26
building or other structure at a major hazard facility or dangerous 27
goods location; or 28
(c) a major accident or near miss at a major hazard facility or 29
dangerous goods location; or 30
s 100 60 s 101
Dangerous Goods Safety Management
(d) the adequacy of emergency plans, safety management systems 1
and safety reports for a major hazard facility or dangerous goods 2
location. 3
(2) The directive must state-- 4
(a) the reasons for and objectives of the study or audit; and 5
(b) that the person who undertakes the study or audit must be a 6
person approved by the chief executive. 7
(3) For subsection (2)(b), the chief executive may approve a person only 8
if-- 9
(a) the person has relevant professional qualifications and experience 10
for the study or audit; and 11
(b) the chief executive is satisfied the person is able to provide an 12
independent study or audit. 13
3--Recording of directives and other matters 14
Subdivision
must be kept 15
Records
100. The occupier of a major hazard facility or dangerous goods location 16
must keep an accurate record of all directives given by an authorised officer 17
under this Act to the occupier. 18
19
Directives
101.(1) A person to whom a directive is given must comply with the 20
directive within the stated reasonable time in the directive or, if no time is 21
stated, as soon as reasonably practicable. 22
Maximum penalty--500 penalty units. 23
(2) The occupier of a major hazard facility or dangerous goods location 24
to which a directive relates must make a written record of the action taken to 25
comply with the directive as soon as practicable after the action is taken. 26
Maximum penalty--40 penalty units. 27
(3) The occupier of a major hazard facility or dangerous goods location 28
to which a directive relates must make the following available for inspection 29
s 102 61 s 103
Dangerous Goods Safety Management
by employees at the facility or location-- 1
(a) a copy of each written directive given or, if the directive is given 2
orally, a copy of the notice to the occupier confirming the 3
directive; 4
(b) a copy of the written record of the action taken to comply with 5
each directive. 6
Maximum penalty--40 penalty units. 7
(4) A directive remains effective until-- 8
(a) it is withdrawn in writing by the authorised officer who gave it or 9
another authorised officer; or 10
(b) the Industrial Court stays, varies or sets aside the directive. 11
4--Review of directives 12
Subdivision
for review 13
Application
102. A person who is given a directive by an authorised officer may 14
apply under this subdivision for the directive to be reviewed. 15
for review 16
Procedure
103.(1) The application must-- 17
(a) be made in writing to the administering executive; and 18
(b) be supported by enough information to allow the administering 19
executive to decide the application. 20
(2) The application must be made to the administering executive 21
within-- 22
(a) 14 days after the day on which the person received the directive; 23
or 24
(b) the longer period, within 2 months after the day, the 25
administering executive in special circumstances allows. 26
(3) The administering executive must consider the application within 27
7 days after receiving it and immediately advise the applicant in writing 28
s 104 62 s 104
Dangerous Goods Safety Management
whether the administering executive considers the applicant has complied 1
with subsection (1). 2
(4) If the administering executive does not consider the application is 3
supported by enough information to allow the administering executive to 4
decide the application, the administering executive must advise the applicant 5
what further information the administering executive requires. 6
(5) When the administering executive is satisfied the applicant has 7
complied with subsection (1), the administering executive must 8
immediately advise the applicant in writing of that fact. 9
of directive 10
Review
104.(1) The administering executive must, within 14 days after giving 11
the advice mentioned in section 103(5), review the directive and make a 12
decision (the "review decision")-- 13
(a) to confirm the directive; or 14
(b) to vary or set aside the directive. 15
(2) The administering executive's review decision may include giving a 16
directive in substitution for a directive the administering executive decides to 17
set aside. 18
(3) A substituted directive given under subsection (2) is effective as a 19
directive given under this Act. 20
(4) Within 7 days after making the review decision, the administering 21
executive must give notice of the decision to the applicant. 22
(5) The notice must-- 23
(a) include the reasons for the review decision; and 24
(b) tell the applicant of the applicant's right of appeal against the 25
decision and how to appeal. 26
(6) Subsection (5)(b) does not apply if the administering executive sets 27
aside the directive without giving a directive in substitution for the directive 28
set aside. 29
(7) Subsection (8) applies if the administering executive does not-- 30
(a) review the directive within the time allowed under subsection (1); 31
s 105 63 s 106
Dangerous Goods Safety Management
or 1
(b) having reviewed the directive, advise the applicant of the review 2
decision within the time allowed under subsection (4). 3
(8) The administering executive is taken to have reviewed the directive 4
and made a review decision confirming the directive. 5
of operation of directive 6
Stay
105.(1) If a person applies under this division for a directive to be 7
reviewed, the person may immediately apply to the Industrial Court for a 8
stay of the directive. 9
(2) The court may stay the directive to secure the effectiveness of the 10
review and any later appeal to the court. 11
(3) A stay-- 12
(a) may be given on conditions the court considers appropriate; and 13
(b) operates for the period fixed by the court; and 14
(c) may be revoked or amended by the court. 15
(4) The period of a stay must not extend past the time when the 16
administering executive reviews the directive and any later period the court 17
allows the person to enable the person to appeal against the review decision. 18
(5) An application made for a review of a directive affects the directive, 19
or the carrying out of the directive, only if the directive is stayed. 20
(6) However, a directive given under section 97 or 98 must not be 21
stayed.11 22
Division 4--Immediate action to protect people, property or environment 23
injury and damage--taking direct action 24
Preventing
106.(1) This section applies if an authorised officer reasonably 25
11 Section 97 (Directive to suspend operations for unacceptable level of risk)
or 98 (Directive to isolate site)
s 106 64 s 106
Dangerous Goods Safety Management
believes-- 1
(a) a dangerous situation exists at a place; and 2
(b) the dangerous situation poses serious danger; and 3
(c) having regard to the threat of serious danger, it is necessary for 4
the authorised officer to take appropriate action without delay to 5
prevent, remove or minimise the dangerous situation. 6
(2) Subsection (1) applies even if the authorised officer has previously 7
given a person a directive under division 3,12 and the time for complying 8
with the directive has not ended. 9
(3) The authorised officer may take, or cause to be taken, the action the 10
authorised officer reasonably believes is necessary to prevent, remove or 11
minimise the dangerous situation. 12
(4) In deciding the extent of the action to be taken, the authorised officer 13
must, to the extent that is reasonably practicable, consult with the occupier 14
of the place and the administering executive. 15
(5) As soon as practicable after taking the action or causing it to be taken, 16
the authorised officer must immediately-- 17
(a) prepare a report that includes a statement of reasons for taking the 18
action, the action taken and any damage to property because of the 19
action; and 20
(b) give the occupier a copy of the report. 21
(6) The action an authorised officer may take includes asking someone 22
the authorised officer reasonably believes has appropriate knowledge and 23
experience to help the authorised officer prevent, remove or minimise the 24
dangerous situation. 25
(7) A person asked under subsection (6) to help an authorised officer is 26
taken to have the powers of an authorised officer to the extent reasonably 27
necessary for the person to help prevent, remove or minimise the dangerous 28
situation. 29
12 Division 3 (Directives by authorised officers)
s 107 65 s 108
Dangerous Goods Safety Management
of costs of government action 1
Recovery
107.(1) This section applies if, under section 106, an authorised officer 2
has taken, or caused to be taken, action to prevent, remove or minimise a 3
dangerous situation. 4
(2) If the State or a local government incurs costs because of the action 5
taken to prevent, remove or minimise the dangerous situation, the State or 6
local government may recover the costs reasonably incurred in dealing with 7
the situation as a debt owing to the State or local government. 8
(3) The costs are recoverable jointly and severally from the following 9
persons-- 10
(a) the person who owned the hazardous materials involved in the 11
dangerous situation; 12
(b) the occupier of the place where the dangerous situation existed; 13
(c) the person who caused the dangerous situation. 14
(4) However, costs are not recoverable from a person who establishes 15
that-- 16
(a) the dangerous situation was due to the act or default of someone 17
else, other than an employee or agent of the person; or 18
(b) the person could not, exercising reasonable care, have prevented 19
the dangerous situation. 20
(5) This section does not limit the powers the State or a local government 21
has apart from this Act. 22
Division 5--General enforcement matters 23
of damage 24
Notice
108.(1) This section applies if-- 25
(a) an authorised officer damages property when exercising or 26
purporting to exercise a power; or 27
(b) a person (the "other person") acting under the direction or 28
authority of an authorised officer damages property. 29
s 109 66 s 109
Dangerous Goods Safety Management
(2) The authorised officer must immediately give written notice of 1
particulars of the damage to the person who appears to the authorised 2
officer to be the owner of the property. 3
(3) If the authorised officer believes the damage was caused by a latent 4
defect in the property or circumstances beyond the authorised officer's or 5
other person's control, the authorised officer may state the belief in the 6
notice. 7
(4) If, for any reason, it is impracticable to comply with subsection (2), 8
the authorised officer must leave the notice in a conspicuous position and in 9
a reasonably secure way where the damage happened. 10
(5) This section does not apply to-- 11
(a) damage the authorised officer reasonably believes is trivial; or 12
(b) damage because of action under section 106. 13
(6) In this section-- 14
"owner", of property, includes the person in possession or control of it. 15
16
Compensation
109.(1) If a person incurs loss or expense because of the exercise or 17
purported exercise of a power under division 2 or 4,13 the person may claim 18
compensation-- 19
(a) for the exercise or purported exercise of a power by or for the 20
State--from the State; or 21
(b) for the exercise or purported exercise of a power by or for a local 22
government--from the local government. 23
(2) Without limiting subsection (1), compensation may be claimed for 24
loss or expense incurred in complying with a requirement made of the 25
person under division 2. 26
(3) Compensation may be claimed and ordered to be paid in a 27
proceeding-- 28
13 Division 2 (Powers of authorised officers) or 4 (Immediate action to protect
people, property or environment)
s 110 67 s 112
Dangerous Goods Safety Management
(a) brought in a court with jurisdiction for the recovery of the amount 1
of compensation claimed; or 2
(b) for an offence against this Act brought against the person 3
claiming compensation. 4
(4) A court may order compensation to be paid only if it is satisfied it is 5
just to make the order in the circumstances of the particular case. 6
(5) A regulation may prescribe matters that may, or must, be taken into 7
account by the court when considering whether it is just to make the order. 8
(6) A person can not claim compensation in relation to an amount 9
recovered from the person by the State or local government under 10
section 107. 11
or misleading statements 12
False
110. A person must not state anything to an authorised officer the person 13
knows is false or misleading in a material particular. 14
Maximum penalty--100 penalty units. 15
or misleading documents 16
False
111.(1) A person must not give an authorised officer a document 17
containing information the person knows is false or misleading in a material 18
particular. 19
Maximum penalty--100 penalty units. 20
(2) Subsection (1) does not apply to a person if the person, when giving 21
the document-- 22
(a) tells the authorised officer, to the best of the person's ability, how 23
it is false or misleading; and 24
(b) if the person has, or can reasonably obtain, the correct 25
information--gives the correct information. 26
authorised officers 27
Obstructing
112.(1) A person must not obstruct an authorised officer in the exercise 28
of a power, unless the person has a reasonable excuse. 29
s 113 68 s 115
Dangerous Goods Safety Management
Maximum penalty--100 penalty units. 1
(2) If a person has obstructed an authorised officer and the authorised 2
officer decides to proceed with the exercise of the power, the authorised 3
officer must warn the person that-- 4
(a) it is an offence to obstruct the authorised officer unless the person 5
has a reasonable excuse; and 6
(b) the authorised officer considers the person's conduct an 7
obstruction. 8
PART 7--HAZARDOUS MATERIALS 9
EMERGENCIES 10
1--Purpose 11
Division
of pt 7 12
Purpose
113. The purpose of this part is to allow persons appointed as hazardous 13
materials emergency advisers ("hazmat advisers") to provide advice and 14
help in relation to hazardous materials emergencies. 15
2--Appointment of persons as hazmat advisers 16
Division
17
Appointment
114. The chief executive may appoint a person as a hazardous materials 18
emergency adviser. 19
for appointment 20
Qualifications
115. The chief executive may appoint a person as a hazmat adviser only 21
if-- 22
(a) the chief executive considers the person has the necessary 23
s 116 69 s 118
Dangerous Goods Safety Management
expertise or experience to be a hazmat adviser; and 1
(b) the person has satisfactorily finished training approved by the 2
chief executive. 3
conditions 4
Appointment
116.(1) A hazmat adviser holds office on the conditions stated in the 5
instrument of appointment. 6
(2) A hazmat adviser ceases holding office-- 7
(a) if the appointment provides for a term of appointment--at the end 8
of the term; and 9
(b) if the conditions of appointment provide--on ceasing to hold 10
another office (the "main office") stated in the appointment 11
conditions. 12
(3) A hazmat adviser may resign by signed notice of resignation given to 13
the chief executive. 14
(4) However, a hazmat adviser may not resign from the office of hazmat 15
adviser (the "secondary office") if a term of the hazmat adviser's 16
employment to the main office requires the hazmat adviser to hold the 17
secondary office. 18
19
Powers
117.(1) A hazmat adviser has the powers given under this Act. 20
(2) A hazmat adviser is subject to the directions of the chief executive in 21
exercising the powers. 22
(3) A hazmat adviser's powers may be limited-- 23
(a) under a condition of appointment; or 24
(b) by notice given by the chief executive to the hazmat adviser. 25
of hazmat advisers 26
Function
118. The function of hazmat advisers is to give advice and scientific and 27
s 119 70 s 121
Dangerous Goods Safety Management
technical help for the effective management of hazardous materials 1
emergencies. 2
cards 3
Identity
119.(1) The chief executive must give each hazmat adviser an identity 4
card. 5
(2) The identity card must-- 6
(a) contain a copy of the signature, and a recent photograph, of the 7
hazmat adviser; and 8
(b) identify the person as a hazmat adviser under this Act; and 9
(c) include an expiry date for the card. 10
(3) This section does not prevent the issue of a single identity card to a 11
person for this Act and other Acts. 12
to return identity card 13
Failure
120. A person who ceases to be a hazmat adviser must return the 14
person's identity card to the chief executive as soon as practicable, but 15
within 21 days, after ceasing to be a hazmat adviser, unless the person has a 16
reasonable excuse. 17
Maximum penalty--40 penalty units. 18
or display of identity card 19
Production
121.(1) A hazmat adviser may exercise a power in relation to another 20
person only if the hazmat adviser-- 21
(a) first produces the hazmat adviser's identity card for the other 22
person's inspection; or 23
(b) has the identity card displayed so it is clearly visible to the other 24
person. 25
(2) However, if for any reason it is not practicable to comply with 26
subsection (1) before exercising the power, the hazmat adviser must 27
produce the identity card for the other person's inspection at the first 28
reasonable opportunity. 29
s 122 71 s 123
Dangerous Goods Safety Management
Division 3--Powers of hazmat advisers 1
Subdivision 1--Entry of places 2
to enter places 3
Power
122.(1) A hazmat adviser may enter a place at which a hazardous 4
materials emergency is happening if asked to do so by a prescribed officer 5
at the place. 6
(2) In this section-- 7
"prescribed officer" means-- 8
(a) a fire officer; or 9
(b) a police officer; or 10
(c) if the place is a coal mine to which the Coal Act applies--an 11
inspector under that Act; or 12
(d) if the place is a mine or quarry to which the Mines Act 13
applies--an inspector under that Act; or 14
(e) another person, appointed under an Act, prescribed under a 15
regulation. 16
Subdivision 2--General powers 17
powers after entering a place for a hazardous materials 18
General
emergency 19
123.(1) This section applies to a hazmat adviser who enters a place at the 20
request of a prescribed officer under section 122. 21
(2) The hazmat adviser may, if asked to do so by the prescribed officer-- 22
(a) search any part of the place; or 23
(b) inspect, measure, test, photograph or film any part of the place or 24
anything at the place; or 25
(c) take a thing, or a sample of or from a thing, at the place for 26
s 124 72 s 125
Dangerous Goods Safety Management
analysis or testing; or 1
(d) copy a document at the place. 2
(3) For exercising a power under subsection (2), the hazmat adviser 3
may-- 4
(a) take into or onto the place any persons, equipment and materials 5
the hazmat adviser reasonably requires for exercising the power; 6
or 7
(b) require a person at the place, to give the hazmat adviser 8
reasonable help. 9
(4) When making a requirement mentioned in subsection (3)(b), the 10
hazmat adviser must warn the person it is an offence to fail to comply with 11
the requirement, unless the person has a reasonable excuse. 12
to help a hazmat adviser 13
Failure
124.(1) A person required to give reasonable help under 14
section 123(3)(b) must comply with the requirement, unless the person has 15
a reasonable excuse. 16
Maximum penalty--100 penalty units. 17
(2) If a requirement under section 123(3)(b) relates to a document or 18
answering a question, it is a reasonable excuse for the person not to comply 19
with the requirement that complying with the requirement might tend to 20
incriminate the person. 21
hazmat advisers 22
Obstructing
125.(1) A person must not obstruct a hazmat adviser in the performance 23
of a power, unless the person has a reasonable excuse. 24
Maximum penalty--100 penalty units. 25
(2) If a person has obstructed a hazmat adviser and the hazmat adviser 26
decides to proceed with the exercise of the power, the hazmat adviser must 27
warn the person that-- 28
s 126 73 s 126
Dangerous Goods Safety Management
(a) it is an offence to obstruct the hazmat adviser unless the person 1
has a reasonable excuse; and 2
(b) the hazmat adviser considers the person's conduct an obstruction. 3
PART 8--INVESTIGATIONS AND INQUIRIES INTO 4
MAJOR ACCIDENTS 5
1--Requirement about major accidents and near misses 6
Division
of major accident 7
Notice
126.(1) If a major accident happens at a major hazard facility, the 8
occupier of the facility must-- 9
(a) as soon as practicable, notify the chief executive about the major 10
accident and of any serious harm or material harm caused in the 11
accident to a person, property or the environment; and 12
(b) if notification to the chief executive is given orally, confirm the 13
oral notification by notice within 7 days; and 14
(c) investigate the major accident; and 15
(d) give a written report on the investigation to the chief executive 16
within 1 month of the accident or, if the chief executive considers 17
this is not practicable, the longer time allowed by the chief 18
executive; and 19
(e) consult with the employees at the facility about avoiding major 20
accidents in the future. 21
Maximum penalty--200 penalty units. 22
(2) However, the occupier does not have to comply with subsection (1) if 23
the major accident is notified under any of the following Acts-- 24
(a) Explosives Act 1999; 25
(b) Gas Act 1965; 26
s 127 74 s 129
Dangerous Goods Safety Management
(c) Petroleum Act 1923; 1
(d) Radiation Safety Act 1999. 2
of near misses 3
Recording
127.(1) If a near miss happens at a major hazard facility, the occupier of 4
the facility must as soon as practicable-- 5
(a) record the near miss; and 6
(b) investigate the near miss and record the results of the 7
investigation; and 8
(c) consult with the employees at the facility on ways of avoiding 9
near misses in the future. 10
Maximum penalty--80 penalty units. 11
(2) The occupier must keep a record created under subsection (1) while 12
the major hazard facility continues to operate. 13
Maximum penalty--80 penalty units. 14
2--Inquiries by board of inquiry 15
Division
may establish or re-establish boards of inquiry 16
Minister
128.(1) The Minister may, by gazette notice, establish a board of inquiry 17
to inquire into a major accident at any place. 18
(2) The notice, or a later gazette notice, may state matters relevant to the 19
inquiry including, for example, the membership of the board, who is the 20
chairperson of the board, and its terms of reference. 21
(3) The Minister may exercise powers under this section for a major 22
accident whether or not a board of inquiry had previously inquired into the 23
accident. 24
of board of inquiry 25
Role
129.(1) The board of inquiry must-- 26
s 130 75 s 132
Dangerous Goods Safety Management
(a) inquire into the circumstances and probable causes of the major 1
accident; and 2
(b) give the Minister a written report of the board's findings. 3
(2) The report may contain the recommendations the board considers 4
appropriate and other relevant matters. 5
(3) The Minister must table a copy of the report in the Legislative 6
Assembly within 14 sitting days after receiving the report. 7
(4) However, if the board gives the Minister a separate report of issues 8
the board considers should not be made public, the Minister need not table 9
the separate report in the Legislative Assembly. 10
of appointment 11
Conditions
130.(1) A member of the board of inquiry is entitled to be paid the 12
remuneration and allowances decided by the Governor in Council. 13
(2) A member holds office on conditions not provided by this Act that 14
are decided by the Minister. 15
executive to arrange for services of staff and financial matters 16
Chief
for board of inquiry 17
131. As soon as practicable after the board of inquiry is established, the 18
chief executive must consult with the chairperson of the board and 19
arrange-- 20
(a) for the services of officers and employees of the department and 21
other persons to be made available to the board for the conduct of 22
the inquiry; and 23
(b) for financial matters relevant to the board. 24
25
Procedure
132.(1) When conducting its inquiry, the board of inquiry must-- 26
(a) observe natural justice; and 27
(b) act as quickly, and with as little formality and technicality, as is 28
consistent with a fair and proper consideration of the issues. 29
s 133 76 s 135
Dangerous Goods Safety Management
(2) In conducting the inquiry, the board-- 1
(a) is not bound by the rules of evidence; and 2
(b) may inform itself in any way it considers appropriate, including 3
by holding hearings; and 4
(c) may decide the procedures to be followed for the inquiry. 5
(3) However, the board must comply with this division and any 6
procedural rules prescribed under a regulation. 7
of inquiry 8
Notice
133. The chairperson of the board of inquiry must give at least 14 days 9
notice of the time and place of the inquiry to-- 10
(a) any person the chairperson considers may be concerned in the 11
major accident the subject of the inquiry; and 12
(b) any other person the chairperson reasonably believes should be 13
given the opportunity to appear at the inquiry. 14
to be held in public other than in special circumstances 15
Inquiry
134.(1) An inquiry must be held in public. 16
(2) However, the board of inquiry may, of its own initiative or on the 17
application of a person represented at the inquiry, direct that the inquiry, or a 18
part of the inquiry, be held in private, and give directions about the persons 19
who may be present. 20
(3) The board may give a direction under subsection (2) only if it is 21
satisfied that it is proper to do so in the special circumstances of the case. 22
of members, legal representatives and witnesses 23
Protection
135.(1) A member of the board of inquiry has, in the performance of the 24
member's duties, the same protection and immunity as a Supreme Court 25
judge performing the functions of a judge. 26
(2) A lawyer or other person appearing before the board for someone 27
else has the same protection and immunity as a barrister appearing for a 28
party in a proceeding in the Supreme Court. 29
s 136 77 s 139
Dangerous Goods Safety Management
(3) A person given a witness requirement notice to attend or appearing 1
before the board as a witness has the same protection as a witness in a 2
proceeding in the Supreme Court. 3
of proceedings to be kept 4
Record
136. The board of inquiry must keep a record of its proceedings. 5
fairness and representation 6
Procedural
137. In the conduct of the inquiry, the board of inquiry must give the 7
occupier of the place where the major accident happened the opportunity of 8
making a defence to all claims made against the occupier, either in person or 9
by the occupier's lawyer or agent. 10
powers on inquiry 11
Board's
138.(1) In conducting the inquiry, the board of inquiry may-- 12
(a) act in the absence of any person who has been given reasonable 13
notice of the inquiry; and 14
(b) receive evidence on oath or by statutory declaration; and 15
(c) adjourn the inquiry; and 16
(d) disregard any defect, error, omission or insufficiency in a 17
document. 18
(2) A member of the board may administer an oath to a person appearing 19
as a witness before the inquiry. 20
to witness 21
Notice
139.(1) The chairperson of the board of inquiry may, by notice given to a 22
person (a "witness requirement notice"), require the person to attend the 23
inquiry at a stated time and place to give evidence or produce stated 24
documents or things. 25
(2) A person required to appear as a witness before the board is entitled 26
to the witness fees prescribed under a regulation or, if no witness fees are 27
prescribed, the reasonable witness fees decided by the chairperson. 28
s 140 78 s 142
Dangerous Goods Safety Management
of documents or other things 1
Inspection
140.(1) If a document or other thing is produced to the board of inquiry 2
at the inquiry, the board may-- 3
(a) inspect the document or other thing; and 4
(b) make copies of, photograph, or take extracts from, the document 5
or other thing if it is relevant to the inquiry. 6
(2) The board may also take possession of the document or other thing, 7
and keep it while it is necessary for the inquiry. 8
(3) While it keeps a document or other thing, the board must permit a 9
person otherwise entitled to possession of the document or thing to inspect, 10
make copies of, photograph, or take extracts from, the document or thing, at 11
a reasonable place and time the board decides. 12
may continue despite court proceeding unless otherwise 13
Inquiry
ordered 14
141. The inquiry of the board of inquiry may start or continue, and a 15
report may be prepared or given, despite a proceeding before any court or 16
tribunal, unless a court or tribunal with the necessary jurisdiction orders 17
otherwise. 18
by witnesses 19
Offences
142.(1) A person given a witness requirement notice-- 20
(a) must not fail, without reasonable excuse, to attend as required by 21
the notice; and 22
(b) must not fail, without reasonable excuse, to continue to attend as 23
required by the chairperson of the board of inquiry until excused 24
from further attendance. 25
Maximum penalty--40 penalty units. 26
(2) A person appearing as a witness at the inquiry must not fail-- 27
(a) to take an oath when required by the chairperson of the board; or 28
(b) without reasonable excuse, to answer a question the person is 29
required to answer by a member of the board; or 30
s 143 79 s 145
Dangerous Goods Safety Management
(c) without reasonable excuse, to produce a document or other thing 1
the person is required to produce under a witness requirement 2
notice. 3
Maximum penalty--40 penalty units. 4
(3) It is a reasonable excuse for subsection (2)(b) or (c) that answering 5
the question or producing the document or other thing might tend to 6
incriminate the person. 7
or misleading statements 8
False
143. A person must not state anything to the board of inquiry that the 9
person knows is false or misleading in a material particular. 10
Maximum penalty--200 penalty units. 11
or misleading documents 12
False
144.(1) A person must not give to the board of inquiry a document 13
containing information the person knows is false or misleading in a material 14
particular. 15
Maximum penalty--200 penalty units. 16
(2) Subsection (1) does not apply to a person who, when giving the 17
document-- 18
(a) informs the board, to the best of the person's ability, how it is 19
false or misleading; and 20
(b) if the person has, or can reasonably get, the correct 21
information--gives the correct information to the board. 22
of board 23
Contempt
145. A person must not-- 24
(a) insult the board of inquiry; or 25
(b) deliberately interrupt the inquiry; or 26
(c) create or continue, or join in creating or continuing, a disturbance 27
in or near a place where the board is conducting its inquiry; or 28
s 146 80 s 149
Dangerous Goods Safety Management
(d) do anything that would be contempt of court if the board were a 1
judge acting judicially. 2
Maximum penalty--40 penalty units. 3
of offences 4
Report
146. If the board of inquiry considers material before it discloses an 5
offence, it may report the offence to 1 or more of the following and may 6
make available to them all relevant material in the board's possession-- 7
(a) the commissioner of the police service; 8
(b) the Criminal Justice Commission; 9
(c) the director of public prosecutions; 10
(d) the chief executive. 11
of membership of board 12
Change
147. The inquiry of the board of inquiry is not affected by a change in its 13
membership. 14
PART 9--APPEALS 15
1--Appeals against classification as a major hazard facility 16
Division
against chief executive decisions 17
Appeals
148. The occupier of a facility who is aggrieved by a decision of the chief 18
executive to classify the facility as a major hazard facility may appeal 19
against the decision. 20
to which appeal may be made 21
Court
149. An appeal under this division may be made to the Magistrates Court 22
nearest the place where the facility is situated. 23
s 150 81 s 152
Dangerous Goods Safety Management
appeal 1
Starting
150.(1) An appeal is started by-- 2
(a) filing a notice of appeal with the clerk of the court of the 3
Magistrates Court; and 4
(b) serving a copy of the notice on the chief executive. 5
(2) The notice of appeal must be filed within 28 days after the appellant is 6
given notice of the decision. 7
(3) The court may at any time extend the period for filing the notice of 8
appeal. 9
(4) The notice of appeal must state fully the grounds of the appeal and the 10
facts relied on. 11
of operation of decisions 12
Stay
151.(1) The Magistrates Court may grant a stay of the operation of the 13
decision appealed against to secure the effectiveness of the appeal. 14
(2) A stay-- 15
(a) may be given on conditions the court considers appropriate; and 16
(b) operates for the period fixed by the court; and 17
(c) may be revoked or amended by the court. 18
(3) The period of a stay under this section must not extend past the time 19
when the court decides the appeal. 20
(4) An appeal against the decision affects the decision only if the decision 21
is stayed. 22
procedures 23
Hearing
152.(1) In deciding an appeal, the Magistrates Court-- 24
(a) is not bound by the rules of evidence; and 25
(b) must comply with natural justice. 26
s 153 82 s 155
Dangerous Goods Safety Management
(2) An appeal is by way of rehearing unaffected by the chief executive's 1
decision, on the material before the chief executive and any further evidence 2
allowed by the Magistrates Court. 3
of court on appeal 4
Powers
153.(1) In deciding an appeal, the Magistrates Court may-- 5
(a) confirm the decision appealed against; or 6
(b) vary the decision; or 7
(c) set aside the decision and substitute another decision; or 8
(d) set aside the decision and return the issue to the chief executive 9
with the directions the court considers appropriate. 10
(2) The decision as varied or substituted may be any decision that the 11
chief executive may make. 12
(3) If the court varies a decision or substitutes another decision, the 13
varied or substituted decision is, for this Act other than this part, taken to be 14
the decision of the chief executive. 15
to District Court 16
Appeals
154. An appeal to the District Court from a decision of the Magistrates 17
Court may be made only on a question of law. 18
2--Appeals against review decisions 19
Division
may appeal 20
Who
155. A person whose interests are affected by a review decision of an 21
administering executive under part 6, division 3, subdivision 4 may appeal 22
to the Industrial Court.14 23
14 Part 6 (Authorised officers and directives), division 3 (Directives by authorised
officers), subdivision 4 (Review of directives)
s 156 83 s 157
Dangerous Goods Safety Management
appeal 1
Starting
156.(1) An appeal is started by-- 2
(a) filing notice of appeal with the registrar of the Industrial Court; 3
and 4
(b) complying with any rules of court applying to the appeal. 5
(2) The notice of appeal must be filed within 28 days after-- 6
(a) the day the appellant receives notice of the review decision under 7
section 104;15 or 8
(b) if paragraph (a) does not apply--the day the person otherwise 9
becomes aware of the review decision. 10
(3) The court may at any time extend the period for filing the notice of 11
appeal. 12
(4) The notice of appeal must state fully the grounds of the appeal and the 13
facts relied on. 14
of operation of review decision 15
Stay
157.(1) The Industrial Court may grant a stay of a review decision 16
appealed against to secure the effectiveness of the appeal. 17
(2) A stay-- 18
(a) may be given on the conditions the court considers appropriate; 19
and 20
(b) operates for the period fixed by the court; and 21
(c) may be revoked or amended by the court. 22
(3) The period of a stay must not extend past the time when the court 23
decides the appeal. 24
(4) An appeal against a review decision affects the decision, or the 25
carrying out of the decision, only if the decision is stayed. 26
15 Section 104 (Review of directive)
s 158 84 s 160
Dangerous Goods Safety Management
(5) However, a review decision about a directive given under section 97 1
or 98 must not be stayed.16 2
procedures 3
Hearing
158.(1) The procedure for an appeal is to be in accordance with the 4
Industrial Court's rules or, if the rules make no provision or insufficient 5
provision, in accordance with directions of the Industrial Court. 6
(2) An appeal is by way of rehearing, unaffected by the administering 7
executive's review decision, on the material before the administering 8
executive and any further evidence allowed by the Industrial Court. 9
ssessors 10
A
159. If the Industrial Court is satisfied the appeal involves an issue of 11
special knowledge and skill, the court may appoint 1 or more assessors to 12
help in deciding the appeal. 13
of court on appeal 14
Powers
160.(1) In deciding an appeal, the Industrial Court may-- 15
(a) confirm the review decision appealed against; or 16
(b) vary the review decision; or 17
(c) set aside the review decision and make a decision in substitution 18
for the review decision; or 19
(d) set aside the review decision and return the issue to the authorised 20
officer who gave the directive or to the administering executive 21
with directions the court considers appropriate. 22
(2) The decision as varied or substituted may be any decision that the 23
administering executive may make. 24
16 Section 97 (Directive to suspend operations for unacceptable level of risk) or
98 (Directive to isolate site)
s 161 85 s 163
Dangerous Goods Safety Management
(3) If the court varies the decision or substitutes another decision, the 1
varied or substituted decision is, for this Act other than this part, taken to be 2
the decision of the administering executive. 3
ART 10--LEGAL PROCEEDINGS 4
P
1--Evidence 5
Division
of appointments and authority unnecessary 6
Proof
161. In a proceeding it is not necessary to prove-- 7
(a) the appointment of the administering executive, an authorised 8
officer or a hazmat adviser; or 9
(b) the authority of the administering executive, an authorised officer 10
or a hazmat adviser to do anything under this Act. 11
of signatures unnecessary 12
Proof
162. A signature purporting to be the signature of the administering 13
executive, an authorised officer or a hazmat adviser is evidence of the 14
signature it purports to be. 15
aids 16
Evidentiary
163.(1) A certificate purporting to be signed by the chief executive stating 17
any of the following matters is evidence of the matter-- 18
(a) a stated document is-- 19
(i) an appointment or a copy of an appointment; or 20
(ii) a directive or a copy of a directive given under this Act; or 21
(iii) a decision, or a copy of a decision, given or made under this 22
Act; or 23
(iv) a record or document, a copy of a record or document, or an 24
s 164 86 s 164
Dangerous Goods Safety Management
extract from a record or document, kept under this Act; 1
(b) on a stated day, or during a stated period, a stated certificate, 2
approval or appointment was, or was not, in force for a stated 3
person or thing; 4
(c) on a stated day, or during a stated period, a standard issued or 5
published by the National Occupational Health and Safety 6
Commission or Standards Australia or something in the standard 7
was, or was not, in force; 8
(d) on a stated day a stated person was given a stated directive, 9
direction, requirement or notice under this Act; 10
(e) a stated amount is payable under this Act by a stated person and 11
has not been paid. 12
(2) A document purporting to be published by or under the authority of 13
the National Occupational Health and Safety Commission or Standards 14
Australia is, on its production in a proceeding, evidence of the matters 15
appearing on and in the document. 16
(3) Any instrument, equipment or installation used by an authorised 17
officer, a hazmat adviser or analyst in accordance with any conditions 18
prescribed under a relevant document for its use is taken to be accurate and 19
precise in the absence of evidence to the contrary. 20
(4) In a complaint starting a proceeding, a statement that the matter of the 21
complaint came to the complainant's knowledge on a stated day is evidence 22
of the matter. 23
(5) In any proceeding for an offence against this Act defined as involving 24
false or misleading information, a false or misleading statement, or a false 25
or misleading entry, it is enough for a charge to state that the information, 26
statement or entry was, without specifying which, `false or misleading'. 27
reports 28
Expert
164.(1) This section applies if-- 29
(a) a party (the "applicant party") to a proceeding under this Act 30
has a report (an "expert report") made by a person, other than 31
an analyst's report, that-- 32
s 164 87 s 164
Dangerous Goods Safety Management
(i) states the person is an expert and the basis for that statement, 1
including, for example, the person's qualifications and 2
experience; and 3
(ii) deals entirely or mainly with issues on which the person 4
states the person is qualified to give expert evidence; and 5
(b) the applicant party intends to apply to a court before which the 6
proceeding is taken for the court to admit the report as evidence 7
under this section in the proceedings of the matters stated in the 8
report, whether or not the expert is to attend to give evidence. 9
(2) At least 28 working days before the proposed date of the 10
proceedings, the applicant party must give notice to the other parties to the 11
proceedings that the applicant party intends to seek the leave of the court to 12
admit the expert report as evidence. 13
(3) The notice must include a copy of the report. 14
(4) At least 14 days before the proposed date of the proceedings, another 15
party may object to the applicant party's application for the court to admit 16
the expert report as evidence, by giving the applicant party notice of the 17
objection in the approved form. 18
(5) If an objection is made under subsection (4), the expert report is not 19
admissible under this section. 20
(6) If the court is satisfied the applicant party complied with 21
subsection (2) and no objection is made under subsection (4), the court may 22
admit the expert report as evidence. 23
(7) The court must consider the following as part of its decision as to 24
whether the court should admit the expert report as evidence-- 25
(a) the contents of the report; 26
(b) if relevant, why the expert does not intend to give oral evidence; 27
(c) the risk that its admission or exclusion from evidence will result 28
in unfairness to a party, in particular having regard to a party's 29
ability to dispute the contents of the report if the expert does not 30
give oral evidence; 31
(c) submissions by the applicant party and other parties; 32
(d) any other relevant circumstance. 33
s 165 88 s 167
Dangerous Goods Safety Management
(8) A report admitted under subsection (6) is evidence of any fact or 1
opinion of which the expert could have given oral evidence. 2
report 3
Analyst's
165. The production by the prosecutor or the defendant in a prosecution 4
of a signed analyst's report stating any of the following is evidence of 5
them-- 6
(a) the analyst's qualifications; 7
(b) the analyst took, or received from a stated person, the sample 8
mentioned in the report; 9
(c) the analyst analysed the sample on a stated day, or during a stated 10
period, and at a stated place; 11
(d) the results of the analysis. 12
Division 2--Proceedings 13
and summary offences 14
Indictable
166.(1) An offence against this Act for which the maximum penalty of 15
imprisonment is 2 years or more is an indictable offence. 16
(2) Any other offence against this Act is a summary offence. 17
for indictable offences 18
Proceedings
167.(1) A proceeding for an indictable offence against this Act may be 19
taken, at the election of the prosecution-- 20
(a) by way of summary proceedings under the Justices Act 1886; or 21
(b) on indictment. 22
(2) A magistrate must not hear an indictable offence summarily if-- 23
(a) the defendant asks at the start of the hearing that the charge be 24
prosecuted on indictment; or 25
(b) the magistrate considers that the charge should be prosecuted on 26
s 168 89 s 168
Dangerous Goods Safety Management
indictment. 1
(3) If subsection (2) applies-- 2
(a) the magistrate must proceed by way of an examination of 3
witnesses for an indictable offence; and 4
(b) a plea of the person charged at the start of the proceeding must be 5
disregarded; and 6
(c) evidence brought in the proceeding before the magistrate decided 7
to act under subsection (2) is taken to be evidence in the 8
proceeding for the committal of the person for trial or sentence; 9
and 10
(d) before committing the person for trial or sentence, the magistrate 11
must make a statement to the person as required by the Justices 12
Act 1886, section 104(2)(b).17 13
(4) The maximum penalty that may be summarily imposed for an 14
indictable offence is 165 penalty units or 1 year's imprisonment. 15
(5) More than 1 contravention of a safety obligation under section 18 16
may be charged as a single charge if the acts or omissions giving rise to the 17
claimed contravention happened within the same period and in relation to 18
the same place.18 19
on who may summarily hear indictable offence 20
Limitation
proceedings 21
168.(1) A proceeding must be before a magistrate if it is a proceeding-- 22
(a) for the summary conviction of a person on a charge for an 23
indictable offence; or 24
(b) for an examination of witnesses for a charge for an indictable 25
offence. 26
(2) However, if a proceeding for an indictable offence is brought before a 27
justice who is not a magistrate, jurisdiction is limited to taking or making a 28
17 Justices Act 1886, section 104 (Proceedings upon an examination of witnesses in
relation to an indictable offence)
18 Section 18 (Discharge of obligations)
s 169 90 s 171
Dangerous Goods Safety Management
procedural action or order within the meaning of the Justices of the Peace 1
and Commissioners for Declarations Act 1991. 2
on time for starting summary proceedings 3
Limitation
169. A proceeding for an offence against this Act by way of summary 4
proceeding under the Justices Act 1886 must start-- 5
(a) within 1 year after the commission of the offence; or 6
(b) within 6 months after the offence comes to the complainant's 7
knowledge, but within 3 years after the commission of the 8
offence. 9
on conviction 10
Forfeiture
170.(1) On conviction of a person for an offence against this Act, a court 11
may order the forfeiture to the State of-- 12
(a) anything used to commit the offence; or 13
(b) anything else the subject of the offence. 14
(2) The court may make the order-- 15
(a) whether or not the thing has been seized; and 16
(b) if the thing has been seized, whether or not the thing has been 17
returned to its owner. 18
(3) The court may make any order to enforce the forfeiture it considers 19
appropriate. 20
(4) This section does not limit the court's powers under the Penalties 21
and Sentences Act 1992 or another law. 22
with forfeited things 23
Dealing
171.(1) On the forfeiture of a thing to the State, the thing becomes the 24
State's property and may be dealt with by the chief executive as the chief 25
executive considers appropriate. 26
(2) Without limiting subsection (1), the chief executive may destroy the 27
thing. 28
s 172 91 s 173
Dangerous Goods Safety Management
for acts or omissions of representatives 1
Responsibility
172.(1) Subsections (2) and (3) apply in a proceeding for an offence 2
against this Act. 3
(2) If it is relevant to prove a person's state of mind about a particular act 4
or omission, it is enough to show-- 5
(a) the act was done or omitted to be done by a representative of the 6
person within the scope of the representative's actual or apparent 7
authority; and 8
(b) the representative had the state of mind. 9
(3) An act done or omitted to be done for a person by a representative of 10
the person within the scope of the representative's actual or apparent 11
authority is taken to have been done or omitted to be done also by the 12
person, unless the person proves the person could not, by the exercise of 13
reasonable diligence, have prevented the act or omission. 14
(4) In this section-- 15
"representative" means-- 16
(a) of a corporation--an executive officer, employee or agent of the 17
corporation; or 18
(b) of an individual--an employee or agent of the individual. 19
"state of mind" of a person includes-- 20
(a) the person's knowledge, intention, opinion, belief or purpose; and 21
(b) the person's reasons for the intention, opinion, belief or purpose. 22
officers must ensure corporation complies with Act 23
Executive
173.(1) The executive officers of a corporation must ensure that the 24
corporation complies with this Act. 25
(2) If a corporation commits an offence against a provision of this Act, 26
each of the corporation's executive officers also commits an offence, 27
namely, the offence of failing to ensure that the corporation complies with 28
the provision. 29
Maximum penalty--the penalty for the contravention of the provision by an 30
individual. 31
s 174 92 s 175
Dangerous Goods Safety Management
(3) Evidence that the corporation has been convicted of an offence 1
against a provision of this Act is evidence that each of the executive officers 2
committed the offence of failing to ensure that the corporation complies 3
with the provision. 4
(4) However, it is a defence for an executive officer to prove-- 5
(a) if the officer was in a position to influence the conduct of the 6
corporation in relation to the offence--the officer exercised 7
reasonable diligence to ensure the corporation complied with the 8
provision; or 9
(b) the officer was not in a position to influence the conduct of the 10
corporation in relation to the offence. 11
of investigation 12
Costs
174.(1) If a court convicts a person of an offence against this Act, the 13
court may order the person to pay the department's, another department's 14
or a local government's reasonable costs of investigating the offence, 15
including reasonable costs of preparing for the prosecution of the offence. 16
(2) An order under subsection (1) is taken to be a judgment in the court's 17
civil jurisdiction, irrespective of the amount. 18
(3) An issue arising about whether the costs have been incurred and their 19
amount is to be decided on the balance of probabilities. 20
(4) This section does not limit the orders for costs the court may make. 21
payable to local government 22
Fines
175.(1) This section applies if-- 23
(a) the administration and enforcement of a matter has been devolved 24
to a local government; and 25
(b) a proceeding for an offence about the matter is taken; and 26
(c) a court imposes a fine for the offence. 27
(2) The fine must be paid to the local government. 28
s 176 93 s 177
Dangerous Goods Safety Management
(3) If a person other than the local government prosecutes the offence, 1
subsection (2) does not apply to any part of the fine the court orders be paid 2
to the person. 3
PART 11--MISCELLANEOUS 4
of documents 5
Service
176.(1) If a document is required or permitted under this Act to be given 6
to a person, the document may be given to the person by facsimile 7
transmission directed and sent to-- 8
(a) the last transmission number given to the giver of the document 9
by the person as the facsimile transmission number for service of 10
documents on the person; or 11
(b) the facsimile transmission number operated-- 12
(i) at the address of the person last known to the giver of the 13
document; or 14
(ii) if the person is a corporation, at the corporation's registered 15
office under the Corporations Law. 16
(2) A document given under subsection (1) is taken to have been given 17
on the day the copy is transmitted. 18
(3) This section does not limit any other means of giving documents 19
authorised or permitted by law including, for example, under the Acts 20
Interpretation Act 1954, part 10.19 21
not to encourage refusal to answer questions 22
Person
177.(1) A person must not encourage or influence, by general direction, 23
promise of advantage, threat of dismissal or otherwise, another person to 24
refuse to answer questions put to the other person by an authorised officer 25
or a hazmat adviser. 26
19 Acts Interpretation Act 1954, part 10 (Service of documents)
s 178 94 s 180
Dangerous Goods Safety Management
Maximum penalty--100 penalty units. 1
(2) To remove doubt, it is declared that subsection (1) does not apply to 2
the provision of legal advice to an employee by a lawyer. 3
(3) In this section-- 4
"encourage" includes attempt to encourage. 5
"influence" includes attempt to influence. 6
not to knowingly make false or misleading entry 7
Person
178. A person must not make an entry in a document required or 8
permitted to be made or kept under this Act knowing the entry to be false or 9
misleading in a material particular. 10
Maximum penalty--100 penalty units. 11
authorised officer or hazmat adviser 12
Impersonating
179. A person must not pretend to be an authorised officer or a hazmat 13
adviser. 14
Maximum penalty--40 penalty units. 15
with Integrated Planning Act 1997 16
Relationship
180.(1) The chief executive may designate an area surrounding a major 17
hazard facility as a MHF consultation zone if the chief executive believes the 18
level of risk to persons, property or the environment should be a significant 19
factor in assessing development applications for material changes of use 20
under the Integrated Planning Act 1997. 21
(2) The chief executive must give a notice of each MHF consultation 22
zone to the local government in whose area the zone is, whether wholly or 23
in part. 24
(3) The notice must include a map of the MHF consultation zone. 25
(4) If the chief executive decides the reasons for designating an area as an 26
MHF consultation zone no longer apply to the MHF consultation zone, the 27
chief executive may give the local government a notice stating the area is no 28
longer an MHF consultation zone. 29
s 181 95 s 181
Dangerous Goods Safety Management
(5) If a local government receives a notice mentioned in subsection (2), it 1
must note the MHF consultation zone on-- 2
(a) its planning scheme; and 3
(b) any new planning scheme it makes before any notice mentioned 4
in subsection (4) is given. 5
(6) If a local government receives a notice mentioned in subsection (4), it 6
must remove the note about the MHF consultation zone from the planning 7
scheme. 8
(7) The chief executive must publish copies of each notice under 9
subsections (2) and (4) in the gazette. 10
(8) If a word used in this section is defined in the Integrated Planning 11
Act 1997, the word used has the same meaning as in that Act. 12
by chief executive 13
Delegations
181.(1) The chief executive may delegate the chief executive's powers 14
under this Act to-- 15
(a) an appropriately qualified officer of the department; or 16
(b) the chief executive of another department; or 17
(c) the chief commissioner of the Queensland Fire and Rescue 18
Authority; or 19
(d) a local government. 20
(2) A delegation of a power by the chief executive to a person mentioned 21
in subsection (1)(b), (c) or (d) may permit the subdelegation of the power to 22
an appropriately qualified officer of the other department, fire officer or 23
officer of a local government. 24
(3) In this section-- 25
"appropriately qualified" includes having the qualifications, experience or 26
standing appropriate to the exercise of the power. 27
28
Example of `standing'--
29
A person's classification level in the public service.
s 182 96 s 183
Dangerous Goods Safety Management
of powers 1
Devolution
182.(1) The Governor in Council may, by regulation (the "devolving 2
regulation"), devolve to a local government the administration and 3
enforcement of a regulation (a "stated matter") about flammable and 4
combustible liquids. 5
(2) On the commencement of the devolving regulation, the 6
administration and enforcement of the stated matter is a function of local 7
government to be performed by the local government for its area. 8
(3) To remove doubt, it is declared that the local government may-- 9
(a) make a resolution or local law that is not inconsistent with this 10
Act about the fees payable to it for the stated matter; and 11
(b) make a local law that is not inconsistent with this Act about any 12
matter for which it is necessary or convenient to make provision 13
for carrying out or giving effect to the stated matter. 14
(4) Despite subsection (3)(a), a local government may make a resolution 15
or local law prescribing a lower, but not a higher, fee for something for 16
which a fee is prescribed under a regulation. 17
(5) If the chief executive is satisfied the local government has failed to do 18
anything in the administration or enforcement of the stated matter-- 19
(a) the chief executive may do the thing; and 20
(b) the reasonable costs and expenses incurred by the chief executive 21
are a debt payable by the local government to the State. 22
(6) If a regulation is devolved to a local government the regulation may 23
refer to the local government and officers of the local government. 24
relating to devolved matters 25
Delegations
183.(1) For a regulation devolved to a local government under 26
section 182, the local government's chief executive officer may delegate that 27
officer's or the chief executive officer's powers under the regulation to-- 28
(a) an appropriately qualified officer of the local government; or 29
(b) an appropriately qualified public service officer. 30
(2) A delegation of a power by the chief executive officer of a local 31
s 184 97 s 185
Dangerous Goods Safety Management
government to a person may permit the subdelegation of the power to an 1
appropriately qualified officer of the local government. 2
(3) In this section-- 3
"appropriately qualified" includes having the qualifications, experience or 4
standing appropriate to the exercise of the power. 5
6
Example of `standing'--
7
A person's classification level in a local government or the public service.
by employee or contractor 8
Representation
184.(1) An employee or other person at a major hazard facility or 9
dangerous goods location may make, either personally or by a 10
representative, a representation to an authorised officer about an alleged 11
contravention of this Act at the facility or location. 12
(2) The authorised officer must investigate the matter. 13
(3) The name of the person making a representation must not be 14
disclosed except for a prosecution under subsection (4). 15
(4) A person must not make a false or frivolous representation under 16
subsection (1). 17
Maximum penalty for subsection (4)--40 penalty units. 18
officials from liability 19
Protecting
185.(1) An official is not civilly liable for an act done, or omission made, 20
honestly and without negligence under this Act. 21
(2) If subsection (1) prevents a civil liability attaching to an official, the 22
liability attaches instead to-- 23
(a) if the official is the chief executive officer of a local government, 24
an authorised officer appointed by the chief executive officer of a 25
local government or acting under the direction of an authorised 26
officer appointed by the chief executive officer of a local 27
government--the local government; or 28
(b) if paragraph (a) does not apply--the State. 29
(3) In this section-- 30
s 186 98 s 187
Dangerous Goods Safety Management
"official" means-- 1
(a) the Minister; or 2
(b) the administering executive; or 3
(c) an authorised officer; or 4
(d) a hazmat adviser; or 5
(e) a person acting under the direction of an authorised officer. 6
7
Forms
186.(1) The chief executive may approve forms for use under this Act. 8
(2) The chief executive officer of a local government to which the 9
administration and enforcement of a regulation is devolved under 10
section 182 may approve forms for use under the regulation.20 11
power 12
Regulation-making
187.(1) The Governor in Council may make regulations under this Act. 13
(2) Without limiting subsection (1), a regulation may-- 14
(a) prescribe ways to prevent or minimise exposure to risk relating to 15
the storage or handling of dangerous goods or combustible 16
liquids at any place; and 17
(b) prescribe additional requirements to prevent or minimise 18
exposure to risk relating to the operation of major hazard 19
facilities; and 20
(c) provide for the giving of advice about hazardous materials 21
emergencies; and 22
(d) provide for the imposition and operation of a licensing system for 23
places where flammable or combustible liquids are stored or 24
handled; and 25
(e) provide for a code for IDAS, within the meaning of the 26
Integrated Planning Act 1997, for matters under this Act relating 27
20 Section 182 (Devolution of powers)
s 188 99 s 189
Dangerous Goods Safety Management
to major hazard facilities, possible major hazard facilities, 1
dangerous goods locations or MHF consultation zones; and 2
(f) set fees payable under this Act; and 3
(g) deal with matters of an administrative nature. 4
(3) A regulation may impose a penalty of-- 5
(a) not more than 200 penalty units for a contravention of a provision 6
of a regulation imposing a requirement for the operation of major 7
hazard facilities; and 8
(b) not more than 100 penalty units for a contravention of a provision 9
of a regulation imposing a requirement for the storage or handling 10
of dangerous goods or combustible liquids at dangerous goods 11
locations; and 12
(c) not more than 20 penalty units for a contravention of another 13
provision of a regulation. 14
ART 12--REPEAL 15
P
16
Repeal
188. The Building (Flammable and Combustible Liquids) Regulation 17
1994 (1994 SL No. 103) is repealed. 18
PART 13--AMENDMENT OF ACTS AND 19
REGULATIONS 20
1 21
Amendments--sch
189.(1) Schedule 1 amends the Acts and the regulations mentioned in it. 22
s 189 100 s 189
Dangerous Goods Safety Management
(2) The amendment of a regulation in schedule 1 does not affect the 1
power of the Governor in Council to further amend the regulation or to 2
repeal it. 3
4
101
Dangerous Goods Safety Management
CHEDULE 1 1
¡S
AMENDMENTS OF ACTS AND REGULATIONS 2
section 189 3
EALTH ACT 1937 4
´H
1. Part 4, division 9-- 5
omit. 6
EALTH REGULATION 1996 7
´H
1. Part 11-- 8
omit. 9
2. Section 206-- 10
omit. 11
3. Schedules 7 to 10-- 12
omit. 13
102
Dangerous Goods Safety Management
SCHEDULE 1 (continued)
NTEGRATED PLANNING ACT 1997 1
´I
1. Section 5.7.2(1)-- 2
insert-- 3
`(s) each notice the local government has received about an MHF 4
consultation zone under the Dangerous Goods Safety 5
Management Act 2000 that has not been withdrawn.'. 6
2. Schedule 8, part 1-- 7
insert-- 8
`5A. Making a material change of use of premises if the premises are for a 9
major hazard facility or possible major hazard facility, as defined under 10
the Dangerous Goods Safety Management Act 2000.'. 11
ORKPLACE HEALTH AND SAFETY 12
´W
(MISCELLANEOUS) REGULATION 1995 13
1. Part 17-- 14
omit. 15
16
103
Dangerous Goods Safety Management
CHEDULE 2 1
¡S
ICTIONARY 2
D
section 8 3
"acceptable level of risk" see section 17. 4
"ADG Code" means the Australian Code for the Transport of Dangerous 5
Goods by Road and Rail approved by the Ministerial Council for Road 6
Transport, as in force from time to time. 7
"administering executive" means-- 8
(a) for a matter, the administration and enforcement of which has 9
been devolved to a local government under section 18221--the 10
local government's chief executive officer; or 11
(b) otherwise--the chief executive. 12
"approved form" means a form approved by the administering executive 13
under section 186. 14
"AS 1940" means Australian Standard AS 1940 The Storage and Handling 15
of Flammable and Combustible Liquids made by Standards Australia, 16
as in force from time to time. 17
"authorised officer" means a person appointed as an authorised officer 18
under this Act. 19
"bodily harm" see Criminal Code, section 1.22 20
"chemical" has the meaning given in the Environmental Protection 21
Regulation 1998, schedule 9. 22
"Coal Act" means-- 23
(a) until the Coal Mining Safety and Health Act 1999, section 9 24
21 Section 182 (Devolution of powers)
22 Criminal Code, section 1--
"bodily harm" means any bodily injury which interferes with health or comfort.
104
Dangerous Goods Safety Management
SCHEDULE 2 (continued)
commences--the Coal Mining Act 1925; or 1
(b) after the Coal Mining Safety and Health Act 1999, section 9 2
commences--the Coal Mining Safety and Health Act 1999. 3
"combustible liquid" means a combustible liquid under the flammable 4
and combustible liquids standard. 5
"conviction" includes a plea of guilty, or a finding of guilt by a court, even 6
though a conviction is not recorded. 7
"dangerous goods" see section 9. 8
"dangerous goods location" see section 48. 9
"dangerous situation", at a place, means, although there is not a 10
hazardous materials emergency at the place-- 11
(a) it is likely that there will be a hazardous materials emergency at 12
the place if appropriate action is not taken; and 13
(b) it is reasonable to conclude, at the least, that taking the action 14
should not be indefinitely delayed. 15
"document certification requirement" see section 83(5). 16
"document production requirement" see section 83(7). 17
"emergency services" means the Queensland Ambulance Service under 18
the Ambulance Service Act 1991, the Queensland Fire and Rescue 19
Authority under the Fire and Rescue Authority Act 1990 and the 20
department. 21
"environment" see section 10. 22
"executive officer", of a corporation, means a person who-- 23
(a) is a member of the governing body of the corporation; or 24
(b) is concerned with, or takes part in, the corporations management, 25
whatever the person's position is called and whether or not the 26
person is a director of the corporation. 27
"facility" means a place where hazardous materials are, or are to be, stored 28
or handled. 29
105
Dangerous Goods Safety Management
SCHEDULE 2 (continued)
"fire officer" means a fire officer under the Fire and Rescue Authority Act 1
1990. 2
"flammable and combustible liquids standard" means-- 3
(a) if a standard is prescribed under a regulation as a flammable and 4
combustible liquids standard--that standard; or 5
(b) otherwise--AS 1940. 6
"flammable liquid" means a flammable liquid under the flammable and 7
combustible liquids standard. 8
"grievous bodily harm" see Criminal Code, section 1.23 9
"handling" includes-- 10
(a) conveying, manufacturing, processing, using, treating, 11
dispensing, packing, selling, transferring, rendering harmless, 12
destroying and disposing; and 13
(b) for a pipeline, conveying within the pipeline. 14
"hazard" see section 11. 15
"hazardous material" see section 12. 16
"hazardous materials emergency", at a place, means a situation involving 17
hazardous materials or suspected hazardous materials at the place that 18
includes a loss of control, or an imminent risk of loss of control, of the 19
materials or a loss of control of anything that may impact on the 20
materials if the loss of control causes, or the loss of control or 21
imminent risk of loss of control has the potential to cause, material 22
harm to persons, property or the environment. 23
23 Criminal Code, section 1--
"grievous bodily harm" means--
(a) the loss of a distinct part or an organ of the body; or
(b) serious disfigurement; or
(c) any bodily injury of such a nature that, if left untreated, would endanger
or be likely to endanger life, or cause or be likely to cause permanent
injury to health;
whether or not treatment is or could have been available.
106
Dangerous Goods Safety Management
SCHEDULE 2 (continued)
"hazmat adviser" means a person appointed as a hazardous materials 1
emergency adviser under this Act. 2
"major accident" see section 13. 3
"major hazard facility" see section 31(1). 4
"material harm" is harm that-- 5
(a) causes or has the potential to cause harm to a person that requires 6
or may require treatment by a doctor; or 7
(b) results in costs of more than $1 000 being incurred to prevent, 8
minimise or repair harm to property or the environment. 9
"Mines Act" means-- 10
(a) until the Mining and Quarrying Safety and Health Act 1999, 11
section 9 commences--the Mines Regulation Act 1964; or 12
(b) after the Mining and Quarrying Safety and Health Act 1999, 13
section 9 commences--the Mining and Quarrying Safety and 14
Health Act 1999. 15
"modification", of a major hazard facility or dangerous goods location, 16
includes-- 17
(a) a change to plant, processes or quantities of hazardous materials 18
at the facility or location; or 19
(b) the introduction of different hazardous materials or new plant, 20
processes, or operating procedures at the facility or location; or 21
(c) organisational change at the facility or location; or 22
(d) a change to the safety management system at the facility or 23
location. 24
"multiple deaths" means the deaths of 2 or more persons. 25
"near miss" means any sudden event that, apart from mitigating effects, 26
actions or systems, could have escalated to a major accident. 27
"notice" means signed written notice. 28
"notify" means give a notice. 29
107
Dangerous Goods Safety Management
SCHEDULE 2 (continued)
"obstruct" includes hinder and attempt to obstruct or hinder. 1
"occupier" see section 14. 2
"personal details requirement" see section 81(5). 3
"place" includes premises and vacant land and, for part 7, includes a 4
vehicle, boat or ship. 5
"possible major hazard facility" see section 31(2). 6
"premises" includes-- 7
(a) a building or other structure; and 8
(b) a part of a building or other structure; and 9
(c) land where a building or other structure is situated. 10
"recognised standard" means a recognised standard made by the Minister 11
under section 29. 12
"risk" see section 15. 13
"safety management system"-- 14
(a) for a major hazard facility, means a safety management system 15
that complies with section 45; or 16
(b) for a dangerous goods location, means a safety management 17
system that complies with section 53. 18
"safety obligations" see section 16. 19
"safety report" see section 47. 20
"serious danger" is danger that has the potential to cause serious harm. 21
"serious harm" is harm that-- 22
(a) causes the death of a person; or 23
(b) impairs a person to such an extent that because of the harm the 24
person becomes an overnight or longer stay patient in a hospital; 25
or 26
(c) results in costs of more than $50 000 being incurred to prevent, 27
minimise or repair harm to property or the environment. 28
108
Dangerous Goods Safety Management
SCHEDULE 2 (continued)
"Standards Australia" means Standards Australia International Ltd 1
ACN 087 326 690. 2
"storage or handling system" means any of the following used in 3
connection with the storage or handling of dangerous goods or 4
combustible liquids-- 5
(a) a container; 6
(b) spill containment system; 7
(c) pipework; 8
(d) firefighting or fire protection system; 9
(e) any other plant. 10
"systematic risk assessment", means a systematic risk assessment under 11
section 41. 12
"witness requirement notice" see section 139(1). 13
"workplace" means a workplace under the Workplace Health and Safety 14
Act 1995, section 9. 15
16
© State of Queensland 2000
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