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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
DANGEROUS GOODS SAFETY
MANAGEMENT BILL 2001
Queensland
DANGEROUS GOODS SAFETY
MANAGEMENT BILL 2001
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
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Dangerous Goods Safety Management Bill 2001
17 What is an acceptable level of risk . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
18 Discharge of obligations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
19 Person may owe obligations in more than 1 capacity . . . . . . . . . . . . . . . . . . 18
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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
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 ............................................... 21
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 . . . . . . . . . . . 25
33 Grounds for classification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
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 ................................................ 27
36 Obligation to notify chief executive of new possible major hazard
facility .............................................. 28
37 Obligation to notify chief executive of certain upgrades of facilities . . . . . . 28
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38 Obligation to notify chief executive of modification to a major hazard
facility ............................................... 29
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 . . . . . . . . . . . . . . . . . 30
41 Occupier must carry out systematic risk assessment. . . . . . . . . . . . . . . . . . . 30
42 Emergency plans and procedures for major hazard facility . . . . . . . . . . . . . 31
43 Occupier must consult about emergency plans and procedures . . . . . . . . . . 31
44 Occupier must provide education and training . . . . . . . . . . . . . . . . . . . . . . . 32
45 Safety management system for major hazard facility . . . . . . . . . . . . . . . . . . 32
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 ............................................ 35
50 Obligation to comply with chief executive's notice requiring information
about possible dangerous goods location . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
Division 3--Other obligations of occupiers of dangerous goods locations
51 Other obligations of occupier of dangerous goods locations . . . . . . . . . . . . 36
52 Emergency plans and procedures for dangerous goods locations . . . . . . . . . 36
53 Safety management system for dangerous goods location . . . . . . . . . . . . . . 37
PART 6--AUTHORISED OFFICERS AND DIRECTIVES
Division 1--Authorised officers
54 Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
55 Qualifications for appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
56 Appointment conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
57 Powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
58 Functions of authorised officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
59 Identity cards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
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Dangerous Goods Safety Management Bill 2001
60 Failure to return identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
61 Production or display of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
Division 2--Powers of authorised officers
Subdivision 1--Entry of places
62 Power to enter places. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
Subdivision 2--Procedure for entry
63 Entry with consent. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
64 Application for warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
65 Issue of warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
66 Special warrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
67 Warrants--procedure before entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
Subdivision 3--General powers
68 General powers after entering places . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
69 Failure to help authorised officer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
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 ................................................ 47
72 Seizing evidence at a place that may only be entered with consent or
warrant ............................................... 47
73 Securing seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
74 Tampering with seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
75 Powers to support seizure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
76 Authorised officer may require thing's return . . . . . . . . . . . . . . . . . . . . . . . . 49
77 Receipts for seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
78 Forfeiture of seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
79 Return of seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
80 Access to seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
Subdivision 5--Power to obtain information
81 Power to require name and address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
82 Failure to give name or address. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
83 Power to require production of documents . . . . . . . . . . . . . . . . . . . . . . . . . . 52
84 Failure to produce document . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
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85 Failure to certify copy of document . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
86 Power to require attendance of persons before an authorised officer to
answer questions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
87 Failure to comply with requirement about attendance . . . . . . . . . . . . . . . . . 54
Division 3--Directives by authorised officers
Subdivision 1--Giving directives
88 Authorised officer may give directive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
89 How directive is given . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
Subdivision 2--Matters for which directives may be given
90 Directive to carry out assessment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
91 Directive to reduce risk . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
92 Directive to review safety management system . . . . . . . . . . . . . . . . . . . . . . 56
93 Directive to review systematic risk assessment. . . . . . . . . . . . . . . . . . . . . . . 56
94 Directive to review emergency plans and procedures . . . . . . . . . . . . . . . . . . 56
95 Directive to review safety report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
96 Directive to stop and secure storage or handling systems . . . . . . . . . . . . . . . 56
97 Directive to suspend operations for unacceptable level of risk . . . . . . . . . . . 57
98 Directive to isolate site . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
99 Directive to provide independent study or audit . . . . . . . . . . . . . . . . . . . . . . 58
Subdivision 3--Recording of directives and other matters
100 Records must be kept . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
101 Directives. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
Subdivision 4--Review of directives
102 Application for review. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
103 Procedure for review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
104 Review of directive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
105 Stay of operation of directive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
Division 4--Immediate action to protect people, property or environment
106 Preventing injury and damage--taking direct action . . . . . . . . . . . . . . . . . . 62
107 Recovery of costs of government action . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
Division 5--General enforcement matters
108 Notice of damage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
109 Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
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110 False or misleading statements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
111 False or misleading documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
112 Obstructing authorised officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
PART 7--HAZARDOUS MATERIALS EMERGENCIES
Division 1--Purpose
113 Purpose of pt 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
Division 2--Appointment of persons as hazmat advisers
114 Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
115 Qualifications for appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
116 Appointment conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
117 Powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
118 Function of hazmat advisers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
119 Identity cards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
120 Failure to return identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
121 Production or display of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
Division 3--Powers of hazmat advisers
Subdivision 1--Entry of places
122 Power to enter places. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
Subdivision 2--General powers
123 General powers after entering a place for a hazardous materials
emergency ......................................... 69
124 Failure to help a hazmat adviser . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
125 Obstructing hazmat advisers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
PART 8--INVESTIGATIONS AND INQUIRIES INTO MAJOR
ACCIDENTS
Division 1--Requirement about major accidents and near misses
126 Notice of major accident . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
127 Recording of near misses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
Division 2--Inquiries by board of inquiry
128 Minister may establish or re-establish boards of inquiry . . . . . . . . . . . . . . . 72
129 Role of board of inquiry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
130 Conditions of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
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131 Chief executive to arrange for services of staff and financial matters for
board of inquiry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
132 Procedure. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
133 Notice of inquiry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
134 Inquiry to be held in public other than in special circumstances . . . . . . . . . 73
135 Protection of members, legal representatives and witnesses . . . . . . . . . . . . . 74
136 Record of proceedings to be kept . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
137 Procedural fairness and representation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
138 Board's powers on inquiry. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
139 Notice to witness . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
140 Inspection of documents or other things . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
141 Inquiry may continue despite court proceeding unless otherwise
ordered ........................................... 75
142 Offences by witnesses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
143 False or misleading statements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
144 False or misleading documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
145 Contempt of board. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
146 Report of offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
147 Change of membership of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
PART 9--APPEALS
Division 1--Appeals against classification as a major hazard facility
148 Appeals against chief executive decisions. . . . . . . . . . . . . . . . . . . . . . . . . . . 78
149 Court to which appeal may be made . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
150 Starting appeal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
151 Stay of operation of decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
152 Hearing procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
153 Powers of court on appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
154 Appeals to District Court. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
Division 2--Appeals against review decisions
155 Who may appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
156 Starting appeal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
157 Stay of operation of review decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
158 Hearing procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
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159 Assessors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
160 Powers of court on appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
PART 10--LEGAL PROCEEDINGS
Division 1--Evidence
161 Proof of appointments and authority unnecessary . . . . . . . . . . . . . . . . . . . . 82
162 Proof of signatures unnecessary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
163 Evidentiary aids. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
164 Expert reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
165 Analyst's report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
Division 2--Proceedings
166 Indictable and summary offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
167 Proceedings for indictable offences. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
168 Limitation on who may summarily hear indictable offence
proceedings ....................................... 86
169 Limitation on time for starting summary proceedings . . . . . . . . . . . . . . . . . 86
170 Forfeiture on conviction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
171 Dealing with forfeited things. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
172 Responsibility for acts or omissions of representatives . . . . . . . . . . . . . . . . 87
173 Executive officers must ensure corporation complies with Act. . . . . . . . . . . 88
174 Costs of investigation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
175 Fines payable to local government . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
PART 11--MISCELLANEOUS
176 Service of documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
177 Person not to encourage refusal to answer questions . . . . . . . . . . . . . . . . . . 90
178 Person not to knowingly make false or misleading entry . . . . . . . . . . . . . . . 90
179 Impersonating authorised officer or hazmat adviser . . . . . . . . . . . . . . . . . . . 91
180 Relationship with Integrated Planning Act 1997. . . . . . . . . . . . . . . . . . . . . . 91
181 Delegations by chief executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
182 Devolution of powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
183 Delegations relating to devolved matters . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
184 Representation by employee or contractor . . . . . . . . . . . . . . . . . . . . . . . . . . 93
185 Protecting officials from liability. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
186 Forms. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
9
Dangerous Goods Safety Management Bill 2001
187 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
PART 12--REPEAL
188 Repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
PART 13--AMENDMENT OF ACTS AND REGULATIONS
189 Amendments--sch 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . 97
AMENDMENTS OF ACTS AND REGULATIONS
HEALTH ACT 1937 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
HEALTH REGULATION 1996 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
INTEGRATED PLANNING ACT 1997 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
WORKPLACE HEALTH AND SAFETY (MISCELLANEOUS)
REGULATION 1995. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . 99
DICTIONARY
2001
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 Bill 2001
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
Division 1--Introduction 3
1 Short title 4
This Act may be cited as the Dangerous Goods Safety Management 5
Act 2001. 6
2 Commencement 7
This Act commences on a day to be fixed by proclamation. 8
Division 2--Application and operation of Act 9
3 Application of Act 10
(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
(b) Gas Act 1965; 23
(c) Radiation Safety Act 1999. 24
s4 13 s6
Dangerous Goods Safety Management Bill 2001
(3) If-- 1
(a) this Act imposes a safety obligation on a person; and 2
(b) the Gas Act 1965, the Explosives Act 1999 or the Radiation 3
Safety Act 1999 imposes an obligation on the person or another 4
person that is at least equivalent to the safety obligation; 5
compliance with the obligation under the Gas Act 1965, the Explosives 6
Act 1999 or the Radiation Safety Act 1999 is taken, for this Act, to be 7
compliance with the safety obligation. 8
(4) However, subsection (3) does not apply to safety obligations relating 9
to a major hazard facility. 10
4 Act binds all persons 11
This Act binds all persons, including the State, and, so far as the 12
legislative power of the Parliament permits, the Commonwealth and the 13
other States. 14
5 What does this Act apply to 15
This Act applies to-- 16
(a) the storage and handling of hazardous materials, particularly 17
dangerous goods and combustible liquids; and 18
(b) the operation of major hazard facilities; and 19
(c) the provision of advice and help for emergencies involving 20
hazardous materials. 21
6 Who does this Act apply to 22
Subject to section 3, this Act applies to everyone who as a result of the 23
storage or handling of hazardous materials at a place may affect the safety 24
of persons or harm property or the environment. 25
s7 14 s 10
Dangerous Goods Safety Management Bill 2001
Division 3--Objective of Act 1
7 Objective of Act 2
(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
8 Definitions 13
The dictionary in schedule 2 defines particular words used in this Act. 14
9 Meaning of "dangerous goods" 15
Goods are "dangerous goods" if they are defined under the ADG Code 16
as-- 17
(a) dangerous goods; or 18
(b) goods too dangerous to be transported. 19
10 Meaning of "environment" 20
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
however large or small, that contribute to their biological 25
s 11 15 s 14
Dangerous Goods Safety Management Bill 2001
diversity and integrity, intrinsic or attributed scientific value or 1
interest, amenity, harmony and sense of community; and 2
(d) the social, economic, aesthetic and cultural conditions that affect, 3
or are affected by, things mentioned in paragraphs (a) to (c). 4
11 Meaning of "hazard" 5
A "hazard" is a thing or a situation with potential to cause harm to a 6
person, property or the environment. 7
12 Meaning of "hazardous material" 8
(1) A "hazardous material" is a substance with potential to cause harm 9
to persons, property or the environment because of 1 or more of the 10
following-- 11
(a) the chemical properties of the substance; 12
(b) the physical properties of the substance; 13
(c) the biological properties of the substance. 14
(2) Without limiting subsection (1), all dangerous goods, combustible 15
liquids and chemicals are hazardous materials. 16
13 Meaning of "major accident" 17
"Major accident" means a sudden occurrence (including, in particular, 18
a major emission, loss of containment, fire, explosion or release of energy) 19
leading to serious danger or serious harm to persons, property or the 20
environment, whether immediate or delayed. 21
14 Meaning of "occupier" 22
"Occupier", of a major hazard facility, dangerous goods location, 23
facility or other place, means an employer, or other person, who has overall 24
management of the major hazard facility, dangerous goods location, 25
facility or place. 26
s 15 16 s 16
Dangerous Goods Safety Management Bill 2001
15 Meaning of "risk" 1
"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
Division 1--Preliminary 5
16 Obligations for safety 6
(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 12
acceptable 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 Bill 2001
(3) In addition to the obligations of the occupier of a major hazard 1
facility under subsections (1) and (2), the occupier has the obligations 2
under part 42 (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
17 What is an acceptable level of risk 7
(1) An "acceptable level of risk" is achieved when risk is minimised as 8
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 16
in another way. 17
(4) The assessment of risk to decide its acceptability must take account 18
of 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, 21
reduction or monitoring of risk; or 22
(b) it is not practicable in the circumstances to calculate or estimate 23
the level of risk. 24
18 Discharge of obligations 25
(1) A person on whom a safety obligation is imposed must discharge the 26
obligation. 27
2 Part 4 (Major hazard facilities)
3 Part 5 (Dangerous goods locations)
s 19 18 s 19
Dangerous Goods Safety Management Bill 2001
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 24
Act 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
19 Person may owe obligations in more than 1 capacity 31
A person on whom a safety obligation is imposed may be subject to 32
more than 1 safety obligation. 33
s 20 19 s 22
Dangerous Goods Safety Management Bill 2001
1
Example--
2
A person may be both a designer of storage or handling systems and also the occupier
3
of a major hazard facility and be subject to safety obligations in each capacity.
20 Person not relieved of obligations merely because other person 4
has same obligations 5
To remove doubt, it is declared that the imposition of a safety obligation 6
on a person does not relieve another person of the other person's safety 7
obligations under this Act. 8
21 How obligation can be discharged if regulation or recognised 9
standard made 10
(1) If a regulation prescribes a way of achieving an acceptable level of 11
risk, a person may discharge the person's safety obligation relating to the 12
risk only by following the prescribed way. 13
(2) If a regulation prohibits exposure to a risk, a person may discharge 14
the person's safety obligation relating to the risk only by ensuring the 15
prohibition is not contravened. 16
(3) Subject to subsections (1) and (2), if a recognised standard states a 17
way of achieving an acceptable level of risk, a person may discharge the 18
person's safety obligation relating to the risk only by-- 19
(a) adopting and following a stated way; or 20
(b) adopting and following another way that achieves a level of risk 21
equal to or lower than the acceptable level.4 22
22 How obligations can be discharged if no regulation or recognised 23
standard made 24
(1) This section applies if there is no regulation or recognised standard 25
prescribing or stating a way to discharge a person's safety obligation 26
relating to a risk. 27
(2) The person may choose an appropriate way to discharge the person's 28
safety obligation relating to the risk. 29
4 For this section and the following section, see defences provided under division 3.
s 23 20 s 23
Dangerous Goods Safety Management Bill 2001
(3) However, the person discharges the person's safety obligation 1
relating to the risk only if the person takes reasonable precautions, and 2
exercises proper diligence, to ensure the obligation is discharged. 3
Division 2--Obligations of occupiers and others 4
23 Obligations of occupiers 5
The occupier of a major hazard facility or dangerous goods location has 6
the following obligations-- 7
(a) as far as practicable, to minimise the risk associated with the 8
major hazard facility or dangerous goods location by-- 9
(i) eliminating or minimising hazards at the facility or location; 10
and 11
(ii) implementing measures to minimise the likelihood of a 12
major accident at the facility or location; and 13
(iii) implementing measures to limit the consequences if a major 14
accident happens at the facility or location; 15
(b) to ensure the safety of the occupier and employees while at the 16
major hazard facility or dangerous goods location, including, for 17
example, by providing and maintaining a safe place of work 18
including safe storage or handling systems; 19
(c) to record or be able to demonstrate the way the occupier has 20
complied with the occupier's obligations under paragraphs (a) 21
and (b); 22
(d) in consultation with the employees at the facility or location, to 23
establish, maintain and document emergency plans and 24
procedures to-- 25
(i) contain and control a hazardous materials emergency 26
happening at the facility or location; and 27
(ii) minimise the effect of the emergency on persons, property 28
and the environment; 29
(e) in consultation with the employees at the facility or location, to 30
review and update emergency plans and procedures before any 31
modification of the facility or location that would significantly 32
alter the risk associated with the facility or location; 33
s 24 21 s 25
Dangerous Goods Safety Management Bill 2001
(f) in consultation with the employees at the facility or location, to 1
provide appropriate induction, information, supervision, 2
education and training to all persons at the facility or location so 3
that the persons may carry out their roles and duties safely; 4
(g) to develop, implement and maintain a safety management system 5
for the facility or location. 6
24 Obligations of employees and other persons 7
An employee or other person at a major hazard facility or dangerous 8
goods location has the following obligations-- 9
(a) to comply with procedures applying to the employee or other 10
person that are part of a safety management system for the 11
facility or location; 12
(b) to comply with instructions given for the safety of persons by the 13
occupier of the facility or location or a supervisor at the facility 14
or location; 15
(c) to report to a supervisor at the facility or location any matter at 16
the facility or location that may lead to or cause a major accident; 17
(d) to take any other reasonable and necessary course of action at the 18
facility or location to ensure no-one is exposed to an 19
unacceptable level of risk. 20
25 Obligations of manufacturers, importers and suppliers of 21
dangerous goods 22
(1) A manufacturer, importer or supplier of dangerous goods has the 23
following obligations-- 24
(a) to ensure the dangerous goods are in a condition that is safe for 25
storage and handling; 26
(b) to ensure appropriate information about the safe storage and 27
handling of the dangerous goods is provided with, or before the 28
receipt of, the dangerous goods. 29
(2) For subsection (1)(b), information is appropriate if the information 30
clearly identifies the dangerous goods and states-- 31
(a) the precautions to be taken for the safe storage and handling of 32
the dangerous goods; and 33
s 26 22 s 26
Dangerous Goods Safety Management Bill 2001
(b) the hazards associated with the storage and handling of the 1
dangerous goods. 2
26 Obligations of designers, manufacturers, importers, suppliers and 3
installers of storage or handling systems 4
(1) A designer or importer of a storage or handling system for use at a 5
major hazard facility or dangerous goods location has an obligation to 6
ensure the system is designed so that, when used properly, the risk to 7
persons, property or the environment from the use of the system is at an 8
acceptable level of risk. 9
(2) A manufacturer or importer of a storage or handling system for use at 10
a major hazard facility or dangerous goods location has an obligation to 11
ensure the system is constructed so that, when used properly, the risk to 12
persons, property or the environment from the use of the system is at an 13
acceptable level of risk. 14
(3) A designer, manufacturer, importer or supplier of a storage or 15
handling system for use at a major hazard facility or dangerous goods 16
location must take all reasonable steps to ensure appropriate information 17
about the safe use of the system is available to the occupier of the facility 18
or location, including information about the maintenance necessary for the 19
safe use of the system. 20
(4) For subsection (3), information is appropriate if the information 21
states-- 22
(a) the use for which the storage or handling system has been 23
designed and tested; and 24
(b) any conditions that must be complied with if the system is to be 25
used safely so that risk to persons, property or the environment is 26
at an acceptable level of risk. 27
(5) An installer of a storage or handling system at a major hazard facility 28
or dangerous goods location has an obligation to install the system in a way 29
so that when the system is used properly, the risk to persons, property or 30
the environment is at an acceptable level of risk. 31
s 27 23 s 28
Dangerous Goods Safety Management Bill 2001
27 Obligations of suppliers and installers for known hazards etc. 1
(1) This section applies to a person if the person-- 2
(a) is a supplier or installer of a storage or handling system who 3
becomes aware of a hazard or defect associated with the system 4
that may create an unacceptable level of risk to users of the 5
system; and 6
(b) has supplied the system to the occupier of, or has installed the 7
system in, a major hazard facility or dangerous goods location 8
for use at the facility or location. 9
(2) A person to whom this section applies has an obligation to take all 10
reasonable steps to inform the present occupier-- 11
(a) of the nature of the hazard or defect and its significance; and 12
(b) any modifications or controls of which the person is aware that 13
have been developed to eliminate or correct the hazard or defect 14
or manage the risk. 15
Division 3--Defences 16
28 Defences for div 1 or 2 17
(1) It is a defence in a proceeding against a person for a contravention of 18
a safety obligation imposed on the person under division 1 or 2 relating to a 19
risk for the person to prove-- 20
(a) if a regulation has been made about the way to achieve an 21
acceptable level of risk--the person followed the way prescribed 22
in the regulation to prevent the contravention; or 23
(b) subject to paragraph (a), if a recognised standard has been made 24
stating a way to achieve an acceptable level of a risk-- 25
(i) the person adopted and followed a stated way to prevent the 26
contravention; or 27
(ii) the person adopted and followed another way that achieved 28
a level of risk that is equal to or lower than the acceptable 29
level to prevent the contravention; or 30
s 29 24 s 29
Dangerous Goods Safety Management Bill 2001
(c) if no regulation or recognised standard prescribes or states a way 1
to discharge the person's safety obligation relating to the 2
risk--that the person took reasonable precautions and exercised 3
proper diligence to prevent the contravention. 4
(2) Also, it is a defence in a proceeding against a person for an offence 5
against section 18 for the person to prove that the commission of the 6
offence was due to causes over which the person had no control. 7
(3) The Criminal Code, sections 23 and 24,5 do not apply to a 8
contravention of section 18.6 9
PART 3--RECOGNISED STANDARDS 10
29 Recognised standards 11
(1) The Minister may make standards ("recognised standards") stating 12
ways to achieve an acceptable level of risk. 13
(2) The Minister must notify the making of a recognised standard. 14
(3) A recognised standard takes effect-- 15
(a) on the day the Minister's notice is notified or published in the 16
gazette; or 17
(b) if a later day is stated in the Minister's notice or the standard--on 18
that day. 19
(4) The chief executive must keep a copy of each recognised standard 20
and any document applied, adopted or incorporated by the standard 21
available for inspection, without charge, during normal business hours at 22
the department office dealing with the safety of hazardous materials. 23
(5) The chief executive must, if asked, advise where a copy of a 24
recognised standard may be obtained. 25
(6) A notice mentioned in subsection (2) is subordinate legislation. 26
5 Criminal Code, sections 23 (Intention--motive) and 24 (Mistake of fact)
6 Section 18 (Discharge of obligations)
s 30 25 s 32
Dangerous Goods Safety Management Bill 2001
30 Use of recognised standard in proceedings 1
A recognised standard is admissible in evidence in a proceeding under 2
this Act if-- 3
(a) the proceeding relates to a contravention of a safety obligation 4
imposed on a person under part 2; and 5
(b) it is claimed that the person contravened the obligation by failing 6
to achieve an acceptable level of risk; and 7
(c) the recognised standard is about achieving an acceptable level of 8
risk. 9
PART 4--MAJOR HAZARD FACILITIES 10
Division 1--Classification of facilities as major hazard facilities 11
31 Meaning of "major hazard facility" and "possible major hazard 12
facility" 13
(1) A "major hazard facility" is a facility that is classified by the chief 14
executive under this division as a major hazard facility. 15
(2) A "possible major hazard facility" means either of the following 16
facilities, other than a facility under a declaration under section 32(5)-- 17
(a) a facility where a hazardous material is stored or handled if the 18
quantity of the material is more than the quantity prescribed 19
under a regulation; 20
(b) a facility that the occupier of the facility intends to use for the 21
storage or handling of a hazardous material if the quantity of the 22
material that is likely to be stored or handled is more than the 23
quantity prescribed under a regulation. 24
32 Chief executive may classify facility as major hazard facility 25
(1) The chief executive may, after consultation with the occupier of a 26
facility, by gazette notice, make a decision under section 33 classifying the 27
facility as a major hazard facility. 28
s 33 26 s 33
Dangerous Goods Safety Management Bill 2001
(2) The gazette notice must-- 1
(a) include a description of the area occupied by the major hazard 2
facility; and 3
(b) indicate in broad terms the reasons for the classification. 4
(3) Within 7 days after making the decision, the chief executive must 5
give notice of the decision to the occupier. 6
(4) The notice must-- 7
(a) include the reasons for the decision; and 8
(b) tell the occupier of the occupier's right of appeal against the 9
decision and how to appeal. 10
(5) If the chief executive decides not to make a decision under section 33 11
classifying the facility as a major hazard facility, the chief executive must 12
declare, by written notice to the occupier of the facility, that the facility as 13
described in the declaration is not a major hazard facility. 14
33 Grounds for classification 15
(1) The chief executive must classify a facility as a major hazard facility 16
if the chief executive is reasonably satisfied that-- 17
(a) the quantity of hazardous materials stored or handled, or that is 18
likely to be stored or handled, at the facility is more than the 19
quantity prescribed under a regulation; and 20
(b) a hazardous materials emergency at the facility could pose a risk 21
to persons, property or the environment outside the facility. 22
(2) Also, the chief executive may classify a facility as a major hazard 23
facility if the chief executive is reasonably satisfied that, having regard to 24
both the following matters, the requirements applying under this Act for 25
major hazard facilities should apply to the facility-- 26
(a) the potential for a hazardous materials emergency to come into 27
existence at the facility; 28
(b) the extent to which a hazardous materials emergency at the 29
facility would pose a risk to persons, property or the 30
environment. 31
s 34 27 s 35
Dangerous Goods Safety Management Bill 2001
34 Chief executive may declassify major hazard facility 1
(1) The chief executive may, after consultation with the occupier of a 2
major hazard facility, by gazette notice, declassify the facility from its 3
status as a major hazard facility if the chief executive reasonably considers 4
grounds for the classification no longer exist. 5
(2) A gazette notice under subsection (1) must-- 6
(a) include a description of the area occupied by the facility being 7
declassified; and 8
(b) indicate in broad terms the reasons for the declassification. 9
(3) The chief executive must, by gazette notice, declassify a facility from 10
its status as a major hazard facility if an appeal against the classification of 11
the facility as a major hazard facility is successful. 12
(4) The chief executive must give notice of the declassification to the 13
occupier of the facility. 14
Division 2--Notification to chief executive about possible major hazard 15
facilities 16
35 Obligation to notify chief executive of existing possible major 17
hazard facility 18
(1) This section applies to a possible major hazard facility that is 19
operational at the commencement of this section. 20
(2) The occupier of the facility must notify the chief executive about the 21
facility as required by subsection (3) to allow the chief executive to decide 22
whether the chief executive should classify the facility as a major hazard 23
facility, unless the occupier has a reasonable excuse. 24
Maximum penalty--200 penalty units. 25
(3) Notification under subsection (2) must-- 26
(a) be in the approved form; and 27
(b) be given within 3 months after the commencement of this 28
section. 29
s 36 28 s 37
Dangerous Goods Safety Management Bill 2001
36 Obligation to notify chief executive of new possible major hazard 1
facility 2
(1) This section applies to a possible major hazard facility that is not 3
operational at the commencement of this section. 4
(2) The occupier of the facility must notify the chief executive about the 5
facility as required by subsection (3) to allow the chief executive to decide 6
whether the chief executive should classify the facility as a major hazard 7
facility, unless the occupier has a reasonable excuse. 8
Maximum penalty--200 penalty units. 9
(3) Notification under subsection (2) must be in the approved form and 10
must-- 11
(a) for a facility that starts operations within 12 months after the 12
commencement of this section, be given to the chief executive-- 13
(i) if the facility starts operations within 2 months after the 14
commencement--within 7 days after the commencement; 15
or 16
(ii) otherwise--at least 2 months before the facility starts 17
operations; or 18
(b) for a facility that starts operations more than 12 months after the 19
commencement of this section, be given to the chief executive at 20
least 6 months before the facility starts operations. 21
37 Obligation to notify chief executive of certain upgrades of 22
facilities 23
(1) This section applies to a facility, other than a major hazard facility, if 24
there is a change in relation to the facility that involves any of the 25
following-- 26
(a) the facility becoming a possible major hazard facility; 27
(b) for a facility that is the subject of a declaration under 28
section 32(5)-- 29
(i) the quantity of hazardous materials stored or handled, or 30
likely to be stored or handled, at the facility is more than the 31
quantity stated in the declaration; or 32
s 38 29 s 38
Dangerous Goods Safety Management Bill 2001
(ii) other hazardous materials, other than materials of the type 1
stated in the declaration, are stored or handled, or likely to 2
be stored or handled, at the facility. 3
(2) If a facility is an upgraded facility, the occupier of the facility must 4
notify the chief executive about the facility as required by subsection (3) to 5
allow the chief executive to decide whether the chief executive should 6
classify the facility as a major hazard facility, unless the occupier has a 7
reasonable excuse. 8
Maximum penalty--200 penalty units. 9
(3) Notification under subsection (2) must be in the approved form and 10
must-- 11
(a) if the facility is upgraded within 12 months after the 12
commencement of this section, be given to the chief executive-- 13
(i) if the facility starts operations as an upgraded facility within 14
2 months after the commencement--within 7 days after the 15
commencement; or 16
(ii) otherwise--at least 2 months before the facility starts 17
operations as an upgraded facility; or 18
(b) if the facility is upgraded more than 12 months after the 19
commencement of this section, be given to the chief executive at 20
least 6 months before the upgraded facility starts operations. 21
(4) In this section-- 22
"upgraded facility" means a facility that, as a result of a change in relation 23
to the facility, is a facility of the type to which this section applies. 24
38 Obligation to notify chief executive of modification to a major 25
hazard facility 26
Before the occupier of a major hazard facility undertakes modifications 27
of the facility that will significantly alter the risk associated with the 28
facility, the occupier must notify the chief executive about the 29
modifications, unless the occupier has a reasonable excuse. 30
Maximum penalty--200 penalty units. 31
s 39 30 s 41
Dangerous Goods Safety Management Bill 2001
39 Obligation to comply with chief executive's notice requiring 1
information about possible major hazard facility 2
(1) This section applies to a facility if the chief executive-- 3
(a) becomes aware of the presence, including the likely presence, of 4
hazardous materials at the facility; and 5
(b) reasonably considers the facility may be classified as a major 6
hazard facility under section 33. 7
(2) The chief executive may, by notice given to the occupier of the 8
facility, require the occupier to notify the chief executive in the approved 9
form, within the time stated in the notice, of stated information about the 10
facility to allow the chief executive to decide whether the chief executive 11
should classify the facility as a major hazard facility. 12
(3) The time stated in the notice must not be less than 14 days after the 13
notice is given to the occupier. 14
(4) The occupier must comply with the requirement, unless the occupier 15
has a reasonable excuse. 16
Maximum penalty for subsection (4)--200 penalty units. 17
Division 3--Other obligations of occupiers of major hazard facilities 18
40 Other obligations of occupier of major hazard facility 19
(1) The occupier of a major hazard facility has the obligations under this 20
division. 21
(2) These obligations are in addition to any other obligation imposed on 22
the occupier of a major hazard facility under this Act. 23
41 Occupier must carry out systematic risk assessment 24
(1) The occupier of a major hazard facility must, in consultation with the 25
employees at the facility, carry out, document, review and update a 26
systematic risk assessment that as far as practicable-- 27
(a) identifies all hazards that may lead to a major accident at the 28
facility; and 29
s 42 31 s 43
Dangerous Goods Safety Management Bill 2001
(b) assesses the likelihood of a major accident happening at the 1
facility and its effects if it does happen; and 2
(c) assesses the overall risk from the major hazard facility. 3
(2) The systematic risk assessment must be carried out and 4
documented-- 5
(a) for a facility classified as a major hazard facility within 6
12 months after the commencement of this section--within 4 7
months after classification; or 8
(b) for a facility classified as a major hazard facility more than 9
12 months after the commencement of this section--within 10
3 months after classification. 11
(3) The systematic risk assessment for a major hazard facility must be 12
reviewed and updated before the facility is modified in a way that 13
significantly alters the risk associated with the facility. 14
42 Emergency plans and procedures for major hazard facility 15
For section 23(d), emergency plans and procedures for a major hazard 16
facility must be established and documented-- 17
(a) for a facility classified as a major hazard facility within 18
12 months after the commencement of this section--within 8 19
months after classification; or 20
(b) for a facility classified as a major hazard facility more than 21
12 months after the commencement of this section--within 22
3 months after classification. 23
43 Occupier must consult about emergency plans and procedures 24
In establishing, maintaining and documenting emergency plans and 25
procedures the occupier of a major hazard facility must also consult with-- 26
(a) emergency services; and 27
(b) persons and owners who must be consulted under 28
section 46(2)(a). 29
s 44 32 s 45
Dangerous Goods Safety Management Bill 2001
44 Occupier must provide education and training 1
(1) For section 23(f), for a major hazard facility, education and training 2
must-- 3
(a) establish and maintain the standards of competency of persons at 4
the major hazard facility; and 5
(b) be reviewed and updated so that standards of competency are 6
maintained; and 7
(c) be conducted as often as is necessary to maintain the standards of 8
competency; and 9
(d) be conducted before any modification of the major hazard facility 10
that significantly alters the risk associated with the facility is 11
carried out. 12
(2) The occupier must keep a written record of the matters mentioned in 13
subsection (1). 14
45 Safety management system for major hazard facility 15
(1) For section 23(g), the safety management system for a major hazard 16
facility must be a documented, comprehensive integrated system for 17
managing safety at the facility and must contain details of-- 18
(a) the system's safety objectives; and 19
(b) the systems and procedures by which the objectives are to be 20
achieved; and 21
(c) the performance criteria that are to be met; and 22
(d) the way in which adherence to the criteria is to be maintained; 23
and 24
(e) other matters prescribed under a regulation. 25
(2) The safety management system must be developed and 26
implemented-- 27
(a) for a facility classified as a major hazard facility within 12 28
months after the commencement of this section--within 12 29
months after classification; or 30
(b) for a facility classified as a major hazard facility more than 31
12 months after the commencement of this section--within 32
3 months after classification. 33
s 46 33 s 46
Dangerous Goods Safety Management Bill 2001
(3) Without limiting subsection (1), but subject to subsection (2), the 1
occupier of a major hazard facility must not operate the facility unless there 2
is a safety management system for the facility. 3
(4) The safety management system must be reviewed and updated for 4
the major hazard facility before any modification of the facility that 5
significantly alters the risk associated with the facility is carried out. 6
46 Occupier must consult and give information about safety 7
measures 8
(1) The occupier of a major hazard facility must identify areas 9
surrounding the facility in which there may be material harm caused if a 10
major accident happens at the facility. 11
(2) The occupier-- 12
(a) must consult with and inform persons in the areas, and owners of 13
property situated in the areas, about the hazards at the major 14
hazard facility and the safety measures that should be taken if a 15
major accident happens at the facility; and 16
(b) must update the information as often as necessary to keep the 17
persons and owners informed about the hazards and the way to 18
respond to a major accident at the facility. 19
(3) For subsection (2)(a), the occupier must first consult and inform 20
persons and owners about hazards and safety measures-- 21
(a) for a facility classified as a major hazard facility within 12 22
months after the commencement of this section--within 16 23
months after classification; or 24
(b) for a facility classified as a major hazard facility more than 25
12 months after the commencement of this section--within 26
3 months after classification. 27
(4) If a major accident happens at the facility, the occupier must ensure 28
persons and owners who may be affected by the accident are immediately 29
warned of the danger and advised of the safety measures they should take. 30
s 47 34 s 47
Dangerous Goods Safety Management Bill 2001
47 Occupier must give safety report to chief executive 1
(1) The occupier of a major hazard facility must give a written report (a 2
"safety report") to the chief executive that includes sufficient detail for 3
the chief executive to decide whether the occupier has satisfied the 4
occupier's obligations under this Act for the following-- 5
(a) the induction, information, supervision, education and training 6
under section 23; 7
(b) the systematic risk assessment under section 41; 8
(c) the emergency plans and procedures under section 42; 9
(d) the safety management system under section 45; 10
(e) the consultation and giving of information under section 46; 11
(f) other obligations prescribed under a regulation. 12
(2) The occupier must give the safety report to the chief executive-- 13
(a) for a facility classified as a major hazard facility within 14
12 months after the commencement of this section--within 16 15
months after classification; or 16
(b) for a facility classified as a major hazard facility more than 17
12 months after the commencement of this section--within 18
3 months after classification. 19
(3) The occupier must review the safety report and give an update of it to 20
the chief executive before any modification of the major hazard facility 21
that significantly alters the risk associated with the facility is carried out. 22
(4) However, the occupier must review the safety report and give an 23
update of it to the chief executive at least once every 5 years. 24
(5) The occupier must consult with the employees at the facility when 25
preparing or updating the safety report. 26
(6) The occupier must keep a written record of consultation happening 27
under subsection (5). 28
s 48 35 s 50
Dangerous Goods Safety Management Bill 2001
PART 5--DANGEROUS GOODS LOCATIONS 1
Division 1--Identification of dangerous goods locations 2
48 Meaning of "dangerous goods location" 3
(1) A place is a "dangerous goods location" if stated dangerous goods 4
or combustible liquids are stored or handled at the place, or are likely to be 5
stored or handled at the place, in quantities that are more than the minimum 6
quantities prescribed under a regulation for the stated dangerous goods or 7
combustible liquids. 8
(2) However, a major hazard facility is not a dangerous goods location. 9
(3) In this section-- 10
"stated dangerous goods or combustible liquids" means dangerous 11
goods or combustible liquids prescribed under a regulation for this 12
section. 13
Division 2--Notification to chief executive about possible dangerous 14
goods locations 15
49 Obligation to notify chief executive of possible dangerous goods 16
location 17
(1) This section applies to a place if, having regard to the presence, 18
including the likely presence, of dangerous goods or combustible liquids at 19
the place, the occupier knows, or ought reasonably to know, that the place 20
is a dangerous goods location. 21
(2) The occupier of the place must, as prescribed under a regulation, 22
notify the chief executive, in the approved form, of information about the 23
storage and handling of dangerous goods or combustible liquids at the 24
place, unless the occupier has a reasonable excuse. 25
Maximum penalty for subsection (2)--50 penalty units. 26
50 Obligation to comply with chief executive's notice requiring 27
information about possible dangerous goods location 28
(1) This section applies to a place if-- 29
s 51 36 s 52
Dangerous Goods Safety Management Bill 2001
(a) the chief executive becomes aware of the presence or the likely 1
presence of dangerous goods or combustible liquids at the place; 2
and 3
(b) the chief executive reasonably considers that the place is or may 4
be a dangerous goods location. 5
(2) The chief executive may, by notice given to the occupier of the place, 6
require the occupier to notify the chief executive in the approved form, 7
within the time stated in the notice, of information about the place that will 8
indicate whether the place is a dangerous goods location. 9
(3) The time stated in the notice must not be less than 14 days after the 10
notice is given to the occupier. 11
(4) The occupier must comply with the requirement, unless the occupier 12
has a reasonable excuse. 13
Maximum penalty for subsection (4)--50 penalty units. 14
Division 3--Other obligations of occupiers of dangerous goods locations 15
51 Other obligations of occupier of dangerous goods locations 16
(1) The occupier of a dangerous goods location has the obligations under 17
this division. 18
(2) These obligations are in addition to any other obligation imposed on 19
the occupier of a dangerous goods location under this Act. 20
52 Emergency plans and procedures for dangerous goods locations 21
For section 23(d), emergency plans and procedures for a dangerous 22
goods location must be established and documented-- 23
(a) for a location that is operational at the commencement of this 24
section or starts operations within 12 months after the 25
commencement--within 12 months after the commencement; or 26
(b) for a location that starts operations more than 12 months after the 27
commencement of this section--before the dangerous goods 28
location starts operations. 29
s 53 37 s 54
Dangerous Goods Safety Management Bill 2001
53 Safety management system for dangerous goods location 1
(1) For section 23(g), the safety management system for a dangerous 2
goods location must be a documented system for managing the safety of 3
dangerous goods and combustible liquids at the location and must contain 4
details of-- 5
(a) the system's safety objectives; and 6
(b) the systems and procedures by which the objectives are to be 7
achieved; and 8
(c) the performance criteria that are to be met; and 9
(d) the way in which adherence to the criteria is to be maintained; 10
and 11
(e) other matters prescribed under a regulation. 12
(2) The safety management system must be developed and 13
implemented-- 14
(a) for a dangerous goods location that is operational at the 15
commencement of this section or starts operations within 16
12 months after the commencement--within 15 months after the 17
commencement; or 18
(b) for a dangerous goods location that starts operations more than 19
12 months after the commencement of this section--before the 20
dangerous goods location starts operations. 21
(3) Without limiting subsection (1), but subject to subsection (2), the 22
occupier of a dangerous goods location must not operate the location 23
unless there is a safety management system for the location. 24
PART 6--AUTHORISED OFFICERS AND DIRECTIVES 25
Division 1--Authorised officers 26
54 Appointment 27
(1) The chief executive may appoint as authorised officers-- 28
(a) public service officers or employees; or 29
s 55 38 s 57
Dangerous Goods Safety Management Bill 2001
(b) fire officers; or 1
(c) employees of a local government; or 2
(d) other persons prescribed under a regulation. 3
(2) If the administration and enforcement of a regulation is devolved to a 4
local government, the local government's chief executive officer may 5
appoint an employee of the local government to be an authorised officer in 6
relation to the administration and enforcement of the devolved regulation. 7
55 Qualifications for appointment 8
The administering executive may appoint a person as an authorised 9
officer only if-- 10
(a) the administering executive considers the person has the 11
necessary expertise or experience to be an authorised officer; or 12
(b) the person has satisfactorily finished training approved by the 13
chief executive. 14
56 Appointment conditions 15
(1) An authorised officer holds office on the conditions stated in the 16
instrument of appointment. 17
(2) An authorised officer ceases holding office-- 18
(a) if the appointment provides for a term of appointment--at the 19
end of the term; and 20
(b) if the conditions of appointment provide--on ceasing to hold 21
another office (the "main office") stated in the appointment 22
conditions. 23
(3) An authorised officer may resign by notice of resignation given to 24
the administering executive. 25
(4) However, an authorised officer may not resign from the office of 26
authorised officer (the "secondary office") if a term of the authorised 27
officer's employment in the main office requires the authorised officer to 28
hold the secondary office. 29
57 Powers 30
(1) An authorised officer has the powers given under this Act. 31
s 58 39 s 59
Dangerous Goods Safety Management Bill 2001
(2) An authorised officer appointed under section 54(2) may exercise 1
powers only for the administration and enforcement of the regulation the 2
subject of a devolution to the local government. 3
(3) An authorised officer is subject to the directions of the administering 4
executive in exercising the powers. 5
(4) An authorised officer's powers may be limited-- 6
(a) under a condition of appointment; or 7
(b) by notice given by the administering executive to the authorised 8
officer; or 9
(c) for an authorised officer appointed by the chief executive officer 10
of a local government and without limiting paragraph (a) or (b), 11
by a regulation. 12
58 Functions of authorised officers 13
An authorised officer has the following functions relating to major 14
hazard facilities, dangerous goods locations and the storage or handling of 15
dangerous goods or combustible liquids-- 16
(a) to enforce this Act; 17
(b) to monitor safety; 18
(c) to inspect and audit places to assess whether risk is at an 19
acceptable level; 20
(d) to inspect and audit systems and procedures to assess whether 21
risk is at an acceptable level; 22
(e) to help persons to achieve the purposes of this Act by providing 23
advice and information on how the purposes may be achieved; 24
(f) to provide the advice and help that may be required from time to 25
time during hazardous materials emergencies; 26
(g) to investigate major accidents or near misses; 27
(h) to investigate complaints. 28
59 Identity cards 29
(1) The administering executive must give each authorised officer an 30
identity card. 31
s 60 40 s 62
Dangerous Goods Safety Management Bill 2001
(2) The identity card must-- 1
(a) contain a copy of the signature, and a recent photograph, of the 2
authorised officer; and 3
(b) identify the person as an authorised officer under this Act; and 4
(c) include an expiry date for the card. 5
(3) This section does not prevent the issue of a single identity card to a 6
person for this Act and other Acts. 7
60 Failure to return identity card 8
A person who ceases to be an authorised officer must return the person's 9
identity card to the administering executive as soon as practicable (but 10
within 21 days) after ceasing to be an authorised officer, unless the person 11
has a reasonable excuse. 12
Maximum penalty--40 penalty units. 13
61 Production or display of identity card 14
(1) An authorised officer may exercise a power in relation to another 15
person only if the authorised officer-- 16
(a) first produces the authorised officer's identity card for the other 17
person's inspection; or 18
(b) has the identity card displayed so it is clearly visible to the other 19
person. 20
(2) However, if for any reason it is not practicable to comply with 21
subsection (1) before exercising the power, the authorised officer must 22
produce the identity card for the other person's inspection at the first 23
reasonable opportunity. 24
Division 2--Powers of authorised officers 25
Subdivision 1--Entry of places 26
62 Power to enter places 27
(1) An authorised officer may enter a place if-- 28
s 62 41 s 62
Dangerous Goods Safety Management Bill 2001
(a) its occupier consents to the entry; or 1
(b) it is a public place and the entry is made when it is open to the 2
public; or 3
(c) the entry is authorised by a warrant; or 4
(d) it is a major hazard facility, a dangerous goods location, or a 5
workplace under the control of a person who has an obligation 6
under this Act and is-- 7
(i) open for carrying on business; or 8
(ii) otherwise open for entry; or 9
(e) the authorised officer reasonably believes a dangerous situation 10
exists at the place and it is urgent that the authorised officer enter 11
it to take action to prevent, remove or minimise the danger; or 12
(f) the entry is urgently required to investigate the circumstances of 13
a major accident or near miss at the place. 14
(2) For the purpose of asking the occupier of a place for consent to enter, 15
an authorised officer may, without the occupier's consent or a warrant-- 16
(a) enter land around premises at the place to an extent that is 17
reasonable to contact the occupier; or 18
(b) enter part of the place the authorised officer reasonably considers 19
members of the public ordinarily are allowed to enter when they 20
wish to contact the occupier. 21
(3) For subsection (1)(d), a workplace does not include a part of the 22
place where a person resides. 23
(4) An authorised officer who enters a major hazard facility, dangerous 24
goods location or workplace-- 25
(a) must comply with the written safety procedures for the facility, 26
location or workplace; and 27
(b) must not unnecessarily impede business being conducted at the 28
facility, location or workplace. 29
s 63 42 s 63
Dangerous Goods Safety Management Bill 2001
Subdivision 2--Procedure for entry 1
63 Entry with consent 2
(1) This section applies if an authorised officer intends to ask the 3
occupier of a place to consent to the authorised officer or another 4
authorised officer entering the place. 5
(2) Before asking for the consent, the authorised officer must tell the 6
occupier-- 7
(a) the purpose of the entry; and 8
(b) that the occupier is not required to consent. 9
(3) If the consent is given, the authorised officer may ask the occupier to 10
sign an acknowledgment of the consent. 11
(4) The acknowledgment must state-- 12
(a) the occupier has been told-- 13
(i) the purpose of the entry; and 14
(ii) that the occupier is not required to consent; and 15
(b) the purpose of the entry; and 16
(c) the occupier gives the authorised officer consent to enter the 17
place and exercise powers under this part; and 18
(d) the time and date the consent was given. 19
(5) If the occupier signs an acknowledgment, the authorised officer must 20
immediately give a copy to the occupier. 21
(6) A court must find the occupier did not consent to an authorised 22
officer entering the place under this part if-- 23
(a) an issue arises in a proceeding before the court whether the 24
occupier of the place consented to the entry; and 25
(b) an acknowledgment is not produced in evidence for the entry; 26
and 27
(c) it is not proved by the person relying on the lawfulness of the 28
entry that the occupier consented to the entry. 29
s 64 43 s 65
Dangerous Goods Safety Management Bill 2001
64 Application for warrant 1
(1) An authorised officer may apply to a magistrate for a warrant for a 2
place. 3
(2) The application must be sworn and state the grounds on which the 4
warrant is sought. 5
(3) The magistrate may refuse to consider the application until the 6
authorised officer gives the magistrate all the information the magistrate 7
requires about the application in the way the magistrate requires. 8
9
Example--
10
The magistrate may require additional information supporting the application to be
11
given by statutory declaration.
65 Issue of warrant 12
(1) The magistrate may issue a warrant only if the magistrate is satisfied 13
there are reasonable grounds for suspecting-- 14
(a) there is a particular thing or activity (the "evidence") that may 15
provide evidence of an offence against this Act; and 16
(b) the evidence is at the place, or may be at the place, within the 17
next 7 days. 18
(2) The warrant must state-- 19
(a) that a stated authorised officer may, with necessary and 20
reasonable help and force-- 21
(i) enter the place and any other place necessary for entry; and 22
(ii) exercise the authorised officer's powers under this part; and 23
(b) the offence for which the warrant is sought; and 24
(c) the evidence that may be seized under the warrant; and 25
(d) the hours of the day or night when the place may be entered; and 26
(e) the date, within 14 days after the warrant's issue, the warrant 27
ends. 28
s 66 44 s 66
Dangerous Goods Safety Management Bill 2001
66 Special warrants 1
(1) An authorised officer may apply for a warrant (a "special warrant") 2
by phone, fax, radio or another form of communication if the authorised 3
officer considers it necessary because of-- 4
(a) urgent circumstances; or 5
(b) other special circumstances, including, for example, the 6
authorised officer's remote location. 7
(2) Before applying for the warrant, the authorised officer must prepare 8
an application stating the grounds on which the warrant is sought. 9
(3) The authorised officer may apply for the warrant before the 10
application is sworn. 11
(4) After issuing the warrant, the magistrate must immediately fax a 12
copy to the authorised officer if it is reasonably practicable to fax the copy. 13
(5) If it is not reasonably practicable to fax a copy to the authorised 14
officer-- 15
(a) the magistrate must tell the authorised officer-- 16
(i) what the terms of the warrant are; and 17
(ii) the date and time the warrant was issued; and 18
(b) the authorised officer must complete a form of warrant (a 19
"warrant form") and write on it-- 20
(i) the magistrate's name; and 21
(ii) the date and time the magistrate issued the warrant; and 22
(iii) the terms of the warrant. 23
(6) The facsimile warrant, or the warrant form properly completed by 24
the authorised officer, authorises the entry and the exercise of the other 25
powers stated in the warrant issued by the magistrate. 26
(7) The authorised officer must, at the first reasonable opportunity, send 27
to the magistrate-- 28
(a) the sworn application; and 29
(b) if the authorised officer completed a warrant form--the 30
completed warrant form. 31
(8) On receiving the documents, the magistrate must attach them to the 32
warrant. 33
s 67 45 s 68
Dangerous Goods Safety Management Bill 2001
(9) A court must find the exercise of the power by an authorised officer 1
was not authorised by a special warrant if-- 2
(a) an issue arises in a proceeding before the court whether the 3
exercise of the power was authorised by a special warrant; and 4
(b) the warrant is not produced in evidence; and 5
(c) it is not proved by the person relying on the lawfulness of the 6
entry that the authorised officer obtained the warrant. 7
67 Warrants--procedure before entry 8
(1) This section applies if an authorised officer named in a warrant 9
issued under this part for a place is intending to enter the place under the 10
warrant. 11
(2) Before entering the place, the authorised officer must do or make a 12
reasonable attempt to do the following things-- 13
(a) identify himself or herself to a person present at the place who is 14
the occupier of the place by producing a copy of the authorised 15
officer's identity card or other document evidencing the 16
appointment; 17
(b) give the person a copy of the warrant or, if the entry is authorised 18
by a facsimile warrant or warrant form mentioned in 19
section 66(6), a copy of the facsimile warrant or warrant form; 20
(c) tell the person the authorised officer is permitted by the warrant 21
to enter the place; 22
(d) give the person an opportunity to allow the authorised officer 23
immediate entry to the place without using force. 24
(3) However, the authorised officer need not comply with subsection (2) 25
if the authorised officer believes on reasonable grounds that immediate 26
entry to the place is required to ensure the effective execution of the 27
warrant is not frustrated. 28
Subdivision 3--General powers 29
68 General powers after entering places 30
(1) This section applies to an authorised officer who enters a place. 31
s 69 46 s 69
Dangerous Goods Safety Management Bill 2001
(2) However, if an authorised officer enters a place to get the occupier's 1
consent to enter a place, this section applies to the authorised officer only if 2
the consent is given or the entry is otherwise authorised. 3
(3) For monitoring and enforcing compliance with this Act, the 4
authorised officer may-- 5
(a) search any part of the place; or 6
(b) inspect, measure, test, photograph or film any part of the place or 7
anything at the place; or 8
(c) take a thing, or a sample of or from a thing, at the place for 9
analysis or testing; or 10
(d) copy a document at the place; or 11
(e) take into or onto the place any persons, equipment and materials 12
the authorised officer reasonably requires for exercising a power 13
under this part; or 14
(f) require a person at the place, to give the authorised officer 15
reasonable help to exercise the authorised officer's powers under 16
paragraphs (a) to (e); or 17
(g) require a person at the place, to answer questions by the 18
authorised officer to help the authorised officer ascertain whether 19
this Act is being or has been complied with. 20
(4) When making a requirement mentioned in subsection (3)(f) or (g), 21
the authorised officer must warn the person it is an offence to fail to 22
comply with the requirement, unless the person has a reasonable excuse. 23
69 Failure to help authorised officer 24
(1) A person required to give reasonable help under section 68(3)(f) 25
must comply with the requirement, unless the person has a reasonable 26
excuse. 27
Maximum penalty--100 penalty units. 28
(2) If a requirement under section 68(3)(f) relates to a document, it is a 29
reasonable excuse for the person not to comply with the requirement that 30
complying with the requirement might tend to incriminate the person. 31
s 70 47 s 72
Dangerous Goods Safety Management Bill 2001
70 Failure to answer questions 1
(1) A person of whom a requirement is made under section 68(3)(g) 2
must, unless the person has a reasonable excuse, comply with the 3
requirement.7 4
Maximum penalty--100 penalty units. 5
(2) It is a reasonable excuse for the person to fail to comply with the 6
requirement that complying with the requirement might tend to incriminate 7
the person. 8
Subdivision 4--Power to seize evidence 9
71 Seizing evidence at major hazard facility, dangerous goods 10
location or other place 11
An authorised officer who enters a place under this part without the 12
consent of the occupier and without a warrant, may seize a thing at the 13
place only if the authorised officer reasonably believes the thing is evidence 14
of an offence against this Act. 15
72 Seizing evidence at a place that may only be entered with consent 16
or warrant 17
(1) This section applies if-- 18
(a) an authorised officer is authorised to enter a place under this part 19
only with the consent of the occupier or a warrant; and 20
(b) the authorised officer enters the place after obtaining the 21
necessary consent or warrant. 22
(2) If the authorised officer enters the place with the occupier's consent, 23
the authorised officer may seize a thing at the place only if-- 24
(a) the authorised officer reasonably believes the thing is evidence of 25
an offence against this Act; and 26
(b) seizure of the thing is consistent with the purpose of entry as told 27
to the occupier when asking for the occupier's consent. 28
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 48 s 74
Dangerous Goods Safety Management Bill 2001
(3) If the authorised officer enters the place with a warrant, the 1
authorised 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 10
an offence against this Act. 11
73 Securing seized things 12
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 16
to 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 to show
21
access to it is restricted.
74 Tampering with seized things 22
(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 49 s 76
Dangerous Goods Safety Management Bill 2001
75 Powers to support seizure 1
(1) To enable a thing to be seized, an authorised officer may require the 2
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 13
requirement. 14
(4) A person of whom the requirement is made under subsection (1) 15
or (3) must comply with the requirement, unless the person has a 16
reasonable excuse. 17
Maximum penalty--100 penalty units. 18
(5) Subject to section 109,8 the cost of complying with subsection (1) or 19
(3) must be borne by the person. 20
76 Authorised officer may require thing's return 21
(1) If an authorised officer has required a person to take a thing to a 22
stated place by a stated reasonable time under section 75 the authorised 23
officer may require the person to return the thing to the place from which it 24
was taken. 25
(2) A person of whom the requirement is made under subsection (1) 26
must comply with the requirement, unless the person has a reasonable 27
excuse. 28
Maximum penalty--100 penalty units. 29
(3) Subject to section 109, the cost of complying with subsection (1) 30
must be borne by the person. 31
8 Section 109 (Compensation)
s 77 50 s 79
Dangerous Goods Safety Management Bill 2001
77 Receipts for seized things 1
(1) As soon as practicable after an authorised officer seizes a thing, the 2
authorised officer must give a receipt for it to the person from whom it was 3
seized. 4
(2) However, if for any reason it is not practicable to comply with 5
subsection (1), the authorised officer must leave the receipt at the place of 6
seizure in a conspicuous position and in a reasonably secure way. 7
(3) The receipt must describe generally each thing seized and its 8
condition. 9
(4) This section does not apply to a thing if it is impracticable or would 10
be unreasonable to give the receipt, given the thing's nature, condition and 11
value. 12
78 Forfeiture of seized things 13
(1) A seized thing is forfeited to the State if the authorised officer who 14
seized the thing-- 15
(a) can not find its owner, after making reasonable inquiries; or 16
(b) can not return it to its owner, after making reasonable efforts. 17
(2) In applying subsection (1)-- 18
(a) subsection (1)(a) does not require the authorised officer to make 19
inquiries if it would be unreasonable to make inquiries to find the 20
owner; and 21
(b) subsection (1)(b) does not require the authorised officer to make 22
efforts if it would be unreasonable to make efforts to return the 23
thing to its owner. 24
(3) Regard must be had to a thing's nature, condition and value in 25
deciding-- 26
(a) whether it is reasonable to make inquiries or efforts; and 27
(b) if making inquiries or efforts, what inquiries or efforts, including 28
the period over which they are made, are reasonable. 29
79 Return of seized things 30
(1) If a thing has been seized but not forfeited, the authorised officer 31
must return it to its owner-- 32
s 80 51 s 81
Dangerous Goods Safety Management Bill 2001
(a) at the end of 6 months; or 1
(b) if a proceeding for an offence involving the thing is started within 2
6 months, at the end of the proceeding and any appeal from the 3
proceeding. 4
(2) However, unless the thing has been forfeited, the authorised officer 5
must immediately return a thing seized as evidence to its owner if the 6
authorised officer stops being satisfied its continued retention as evidence 7
is necessary. 8
80 Access to seized things 9
(1) Until a thing that has been seized is forfeited or returned, an 10
authorised officer must allow its owner to inspect it and, if it is a document, 11
to copy it. 12
(2) Subsection (1) does not apply if it is impracticable or would be 13
unreasonable to allow the inspection or copying. 14
Subdivision 5--Power to obtain information 15
81 Power to require name and address 16
(1) This section applies if-- 17
(a) an authorised officer finds a person committing an offence 18
against this Act; or 19
(b) an authorised officer finds a person in circumstances that lead, or 20
has information that leads, the authorised officer reasonably to 21
suspect the person has just committed an offence against this Act. 22
(2) The authorised officer may require the person to state the person's 23
name and residential address. 24
(3) When making the requirement, the authorised officer must warn the 25
person it is an offence to fail to state the person's name or residential 26
address, unless the person has a reasonable excuse. 27
(4) The authorised officer may require the person to give the authorised 28
officer evidence of the correctness of the stated name or residential address 29
if the authorised officer reasonably suspects the stated name or address to 30
be false. 31
s 82 52 s 83
Dangerous Goods Safety Management Bill 2001
(5) A requirement under subsection (2) or (4) is a "personal details 1
requirement". 2
82 Failure to give name or address 3
(1) A person of whom a personal details requirement is made must 4
comply with the requirement, unless the person has a reasonable excuse. 5
Maximum penalty--40 penalty units. 6
(2) A person does not commit an offence against subsection (1) if-- 7
(a) the person was required to state the person's name and residential 8
address by an authorised officer who suspected the person had 9
committed an offence against this Act; and 10
(b) the person is not proved to have committed the offence against 11
this Act. 12
83 Power to require production of documents 13
(1) An authorised officer may require a person who has safety 14
obligations under this Act to make available, or produce, for inspection by 15
the authorised officer at a reasonable time and place nominated by the 16
authorised officer, a document to which the person has access that relates 17
or is related to the person's obligations under this Act. 18
(2) The authorised officer may keep the document to copy it. 19
(3) If the authorised officer copies the document, or an entry in the 20
document, the authorised officer may require the person responsible for 21
keeping the document to certify the copy as a true copy of the document or 22
entry. 23
(4) The authorised officer must return the document to the person as 24
soon as practicable after copying it. 25
(5) However, if a requirement (a "document certification 26
requirement") is made of a person under subsection (3), the authorised 27
officer may keep the document until the person complies with the 28
requirement. 29
(6) Also, an authorised officer may keep the document if the authorised 30
officer reasonably believes it is required for the investigation of a major 31
accident or near miss. 32
s 84 53 s 86
Dangerous Goods Safety Management Bill 2001
(7) A requirement under subsection (1) is a "document production 1
requirement". 2
84 Failure to produce document 3
(1) A person of whom a document production requirement is made must 4
comply with the requirement, unless the person has a reasonable excuse. 5
Maximum penalty--200 penalty units. 6
(2) It is a reasonable excuse for a person not to comply with a document 7
production requirement if complying with the requirement might tend to 8
incriminate the person. 9
85 Failure to certify copy of document 10
(1) A person of whom a document certification requirement is made 11
must comply with the requirement, unless the person has a reasonable 12
excuse. 13
Maximum penalty--100 penalty units. 14
(2) It is a reasonable excuse for a person not to comply with a document 15
certification requirement if complying with the requirement might tend to 16
incriminate the person. 17
86 Power to require attendance of persons before an authorised 18
officer to answer questions 19
(1) An authorised officer may require a person to attend before the 20
authorised officer and to answer questions-- 21
(a) relevant to the discharge of the person's safety obligations under 22
this Act; or 23
(b) on safety matters relevant to the operation of a major hazard 24
facility or dangerous goods location; or 25
(c) to ascertain whether this Act is being complied with. 26
(2) A requirement made of a person under this section to attend before 27
an authorised officer must-- 28
(a) be made by notice given to the person; and 29
(b) state a reasonable time and place for the person's attendance. 30
s 87 54 s 89
Dangerous Goods Safety Management Bill 2001
(3) When making a requirement under this section, the authorised officer 1
must warn the person it is an offence to fail to comply with the 2
requirement, unless the person has a reasonable excuse. 3
87 Failure to comply with requirement about attendance 4
(1) A person of whom a requirement is made under section 86 must not, 5
unless the person has a reasonable excuse-- 6
(a) fail to attend before the authorised officer at the time and place 7
stated in the notice; or 8
(b) when attending before the authorised officer, fail to comply with 9
a requirement to answer a question.9 10
Maximum penalty--100 penalty units. 11
(2) It is a reasonable excuse for a person to fail to comply with a 12
requirement to answer a question if complying with the requirement might 13
tend to incriminate the person. 14
Division 3--Directives by authorised officers 15
Subdivision 1--Giving directives 16
88 Authorised officer may give directive 17
A directive may be given by an authorised officer, and for a matter, 18
mentioned in subdivision 2. 19
89 How directive is given 20
(1) A directive under subdivision 2 must be given in writing to the 21
occupier of the major hazard facility or dangerous goods location to which 22
the directive relates. 23
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 90 55 s 91
Dangerous Goods Safety Management Bill 2001
(2) However, for sections 91, 96, 97 and 98,10 a directive is to be given to 1
the person and in the way stated in the sections. 2
(3) A directive, whether given orally or by notice, and any confirmation 3
by notice of an oral directive, must state the following-- 4
(a) that the person given the directive may apply under subdivision 4 5
for the directive to be reviewed; 6
(b) the name and address of the person to whom the application may 7
be made; 8
(c) the time for making the application. 9
(4) Failure to comply with subsection (3) does not affect the validity of 10
the directive. 11
Subdivision 2--Matters for which directives may be given 12
90 Directive to carry out assessment 13
(1) This section applies if an authorised officer reasonably suspects a 14
risk from a major hazard facility or dangerous goods location is not at an 15
acceptable level of risk. 16
(2) The authorised officer may give a directive to carry out a stated 17
assessment or to give stated information to enable the authorised officer to 18
decide whether the level of risk is at an acceptable level of risk. 19
91 Directive to reduce risk 20
(1) This section applies if an authorised officer reasonably believes a 21
risk from a major hazard facility or dangerous goods location is not at an 22
acceptable level of risk. 23
(2) The authorised officer may give a directive to the occupier of the 24
facility or location to take stated corrective or preventative action to reduce 25
the risk to an acceptable level. 26
(3) The directive may be given orally or by notice. 27
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 92 56 s 96
Dangerous Goods Safety Management Bill 2001
(4) If the directive is given orally, the authorised officer giving the 1
directive must confirm the directive by notice to the occupier within 2 2
days. 3
(5) Failure to comply with subsection (4) does not affect the validity of 4
the directive. 5
92 Directive to review safety management system 6
If an authorised officer reasonably believes the safety management 7
system for a major hazard facility or dangerous goods location is 8
inadequate, the authorised officer may give a directive to review the safety 9
management system. 10
93 Directive to review systematic risk assessment 11
If an authorised officer reasonably believes the systematic risk 12
assessment for a major hazard facility is inadequate, the authorised officer 13
may give a directive to review the systematic risk assessment. 14
94 Directive to review emergency plans and procedures 15
If an authorised officer reasonably believes the emergency plans and 16
procedures mentioned in section 23(d) for a major hazard facility or 17
dangerous goods location are inadequate, the authorised officer may give a 18
directive to review the emergency plans and procedures. 19
95 Directive to review safety report 20
If an authorised officer reasonably believes the safety report for a major 21
hazard facility is inadequate, the authorised officer may give a directive to 22
review the safety report. 23
96 Directive to stop and secure storage or handling systems 24
(1) This section applies if an authorised officer reasonably believes a 25
storage or handling system at a major hazard facility, dangerous goods 26
location or other place has caused, or is likely to cause, harm to a person 27
that requires or may require treatment by a doctor. 28
s 97 57 s 98
Dangerous Goods Safety Management Bill 2001
(2) The authorised officer may give a directive to the person apparently 1
in charge of the storage or handling system to stop the operation of the 2
system and prevent it from being further operated. 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
97 Directive to suspend operations for unacceptable level of risk 10
(1) This section applies if an authorised officer reasonably believes risk 11
from operations being conducted at a major hazard facility or dangerous 12
goods location is not at an acceptable level. 13
(2) The authorised officer may give a directive to the occupier of the 14
facility or location to suspend operations in all or part of the facility or 15
location. 16
(3) The directive may be given orally or by notice. 17
(4) If the directive is given orally, the authorised officer giving the 18
directive must confirm the directive by notice to the occupier of the facility 19
or location within 2 days. 20
(5) Failure to comply with subsection (4) does not affect the validity of 21
the directive. 22
98 Directive to isolate site 23
(1) If an authorised officer believes it is necessary to preserve evidence 24
after a major accident, the authorised officer may give a directive to the 25
occupier of a major hazard facility or dangerous goods location to isolate 26
and protect the site of the major accident. 27
(2) The directive may be given orally or by notice. 28
(3) If the directive is given orally, the authorised officer giving the 29
directive must confirm the directive by notice to the occupier of the facility 30
or location within 2 days. 31
(4) Failure to comply with subsection (3) does not affect the validity of 32
the directive. 33
s 99 58 s 100
Dangerous Goods Safety Management Bill 2001
99 Directive to provide independent study or audit 1
(1) An authorised officer may give a directive to provide an independent 2
study or audit about-- 3
(a) risks arising out of the operation of a major hazard facility or 4
dangerous goods location; or 5
(b) the safety of part or all of any storage or handling system, 6
building or other structure at a major hazard facility or dangerous 7
goods location; or 8
(c) a major accident or near miss at a major hazard facility or 9
dangerous goods location; or 10
(d) the adequacy of emergency plans, safety management systems 11
and safety reports for a major hazard facility or dangerous goods 12
location. 13
(2) The directive must state-- 14
(a) the reasons for and objectives of the study or audit; and 15
(b) that the person who undertakes the study or audit must be a 16
person approved by the chief executive. 17
(3) For subsection (2)(b), the chief executive may approve a person only 18
if-- 19
(a) the person has relevant professional qualifications and experience 20
for the study or audit; and 21
(b) the chief executive is satisfied the person is able to provide an 22
independent study or audit. 23
Subdivision 3--Recording of directives and other matters 24
100 Records must be kept 25
The occupier of a major hazard facility or dangerous goods location 26
must keep an accurate record of all directives given by an authorised officer 27
under this Act to the occupier. 28
s 101 59 s 103
Dangerous Goods Safety Management Bill 2001
101 Directives 1
(1) A person to whom a directive is given must comply with the 2
directive within the stated reasonable time in the directive or, if no time is 3
stated, as soon as reasonably practicable. 4
Maximum penalty--500 penalty units. 5
(2) The occupier of a major hazard facility or dangerous goods location 6
to which a directive relates must make a written record of the action taken 7
to comply with the directive as soon as practicable after the action is taken. 8
Maximum penalty--40 penalty units. 9
(3) The occupier of a major hazard facility or dangerous goods location 10
to which a directive relates must make the following available for 11
inspection by employees at the facility or location-- 12
(a) a copy of each written directive given or, if the directive is given 13
orally, a copy of the notice to the occupier confirming the 14
directive; 15
(b) a copy of the written record of the action taken to comply with 16
each directive. 17
Maximum penalty--40 penalty units. 18
(4) A directive remains effective until-- 19
(a) it is withdrawn in writing by the authorised officer who gave it or 20
another authorised officer; or 21
(b) the Industrial Court stays, varies or sets aside the directive. 22
Subdivision 4--Review of directives 23
102 Application for review 24
A person who is given a directive by an authorised officer may apply 25
under this subdivision for the directive to be reviewed. 26
103 Procedure for review 27
(1) The application must-- 28
(a) be made in writing to the administering executive; and 29
s 104 60 s 104
Dangerous Goods Safety Management Bill 2001
(b) be supported by enough information to allow the administering 1
executive to decide the application. 2
(2) The application must be made to the administering executive 3
within-- 4
(a) 14 days after the day on which the person received the directive; 5
or 6
(b) the longer period, within 2 months after the day, the 7
administering executive in special circumstances allows. 8
(3) The administering executive must consider the application within 9
7 days after receiving it and immediately advise the applicant in writing 10
whether the administering executive considers the applicant has complied 11
with subsection (1). 12
(4) If the administering executive does not consider the application is 13
supported by enough information to allow the administering executive to 14
decide the application, the administering executive must advise the 15
applicant what further information the administering executive requires. 16
(5) When the administering executive is satisfied the applicant has 17
complied with subsection (1), the administering executive must 18
immediately advise the applicant in writing of that fact. 19
104 Review of directive 20
(1) The administering executive must, within 14 days after giving the 21
advice mentioned in section 103(5), review the directive and make a 22
decision (the "review decision")-- 23
(a) to confirm the directive; or 24
(b) to vary or set aside the directive. 25
(2) The administering executive's review decision may include giving a 26
directive in substitution for a directive the administering executive decides 27
to set aside. 28
(3) A substituted directive given under subsection (2) is effective as a 29
directive given under this Act. 30
(4) Within 7 days after making the review decision, the administering 31
executive must give notice of the decision to the applicant. 32
(5) The notice must-- 33
(a) include the reasons for the review decision; and 34
s 105 61 s 105
Dangerous Goods Safety Management Bill 2001
(b) tell the applicant of the applicant's right of appeal against the 1
decision and how to appeal. 2
(6) Subsection (5)(b) does not apply if the administering executive sets 3
aside the directive without giving a directive in substitution for the 4
directive set aside. 5
(7) Subsection (8) applies if the administering executive does not-- 6
(a) review the directive within the time allowed under subsection 7
(1); or 8
(b) having reviewed the directive, advise the applicant of the review 9
decision within the time allowed under subsection (4). 10
(8) The administering executive is taken to have reviewed the directive 11
and made a review decision confirming the directive. 12
105 Stay of operation of directive 13
(1) If a person applies under this division for a directive to be reviewed, 14
the person may immediately apply to the Industrial Court for a stay of the 15
directive. 16
(2) The court may stay the directive to secure the effectiveness of the 17
review and any later appeal to the court. 18
(3) A stay-- 19
(a) may be given on conditions the court considers appropriate; and 20
(b) operates for the period fixed by the court; and 21
(c) may be revoked or amended by the court. 22
(4) The period of a stay must not extend past the time when the 23
administering executive reviews the directive and any later period the court 24
allows the person to enable the person to appeal against the review 25
decision. 26
(5) An application made for a review of a directive affects the directive, 27
or the carrying out of the directive, only if the directive is stayed. 28
(6) However, a directive given under section 97 or 98 must not be 29
stayed.11 30
11 Section 97 (Directive to suspend operations for unacceptable level of risk)
or 98 (Directive to isolate site)
s 106 62 s 106
Dangerous Goods Safety Management Bill 2001
Division 4--Immediate action to protect people, property or environment 1
106 Preventing injury and damage--taking direct action 2
(1) This section applies if an authorised officer reasonably believes-- 3
(a) a dangerous situation exists at a place; and 4
(b) the dangerous situation poses serious danger; and 5
(c) having regard to the threat of serious danger, it is necessary for 6
the authorised officer to take appropriate action without delay to 7
prevent, remove or minimise the dangerous situation. 8
(2) Subsection (1) applies even if the authorised officer has previously 9
given a person a directive under division 3,12 and the time for complying 10
with the directive has not ended. 11
(3) The authorised officer may take, or cause to be taken, the action the 12
authorised officer reasonably believes is necessary to prevent, remove or 13
minimise the dangerous situation. 14
(4) In deciding the extent of the action to be taken, the authorised officer 15
must, to the extent that is reasonably practicable, consult with the occupier 16
of the place and the administering executive. 17
(5) As soon as practicable after taking the action or causing it to be 18
taken, the authorised officer must immediately-- 19
(a) prepare a report that includes a statement of reasons for taking 20
the action, the action taken and any damage to property because 21
of the action; and 22
(b) give the occupier a copy of the report. 23
(6) The action an authorised officer may take includes asking someone 24
the authorised officer reasonably believes has appropriate knowledge and 25
experience to help the authorised officer prevent, remove or minimise the 26
dangerous situation. 27
(7) A person asked under subsection (6) to help an authorised officer is 28
taken to have the powers of an authorised officer to the extent reasonably 29
necessary for the person to help prevent, remove or minimise the 30
dangerous situation. 31
12 Division 3 (Directives by authorised officers)
s 107 63 s 108
Dangerous Goods Safety Management Bill 2001
107 Recovery of costs of government action 1
(1) This section applies if, under section 106, an authorised officer has 2
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 7
with 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 21
government has apart from this Act. 22
Division 5--General enforcement matters 23
108 Notice of damage 24
(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
(2) The authorised officer must immediately give written notice of 30
particulars of the damage to the person who appears to the authorised 31
officer to be the owner of the property. 32
s 109 64 s 109
Dangerous Goods Safety Management Bill 2001
(3) If the authorised officer believes the damage was caused by a latent 1
defect in the property or circumstances beyond the authorised officer's or 2
other person's control, the authorised officer may state the belief in the 3
notice. 4
(4) If, for any reason, it is impracticable to comply with subsection (2), 5
the authorised officer must leave the notice in a conspicuous position and 6
in a reasonably secure way where the damage happened. 7
(5) This section does not apply to-- 8
(a) damage the authorised officer reasonably believes is trivial; or 9
(b) damage because of action under section 106. 10
(6) In this section-- 11
"owner", of property, includes the person in possession or control of it. 12
109 Compensation 13
(1) If a person incurs loss or expense because of the exercise or 14
purported exercise of a power under division 2 or 4,13 the person may claim 15
compensation-- 16
(a) for the exercise or purported exercise of a power by or for the 17
State--from the State; or 18
(b) for the exercise or purported exercise of a power by or for a local 19
government--from the local government. 20
(2) Without limiting subsection (1), compensation may be claimed for 21
loss or expense incurred in complying with a requirement made of the 22
person under division 2. 23
(3) Compensation may be claimed and ordered to be paid in a 24
proceeding-- 25
(a) brought in a court with jurisdiction for the recovery of the 26
amount of compensation claimed; or 27
(b) for an offence against this Act brought against the person 28
claiming compensation. 29
13 Division 2 (Powers of authorised officers) or 4 (Immediate action to protect people,
property or environment)
s 110 65 s 112
Dangerous Goods Safety Management Bill 2001
(4) A court may order compensation to be paid only if it is satisfied it is 1
just to make the order in the circumstances of the particular case. 2
(5) A regulation may prescribe matters that may, or must, be taken into 3
account by the court when considering whether it is just to make the order. 4
(6) A person can not claim compensation in relation to an amount 5
recovered from the person by the State or local government under 6
section 107. 7
110 False or misleading statements 8
A person must not state anything to an authorised officer the person 9
knows is false or misleading in a material particular. 10
Maximum penalty--100 penalty units. 11
111 False or misleading documents 12
(1) A person must not give an authorised officer a document containing 13
information the person knows is false or misleading in a material 14
particular. 15
Maximum penalty--100 penalty units. 16
(2) Subsection (1) does not apply to a person if the person, when giving 17
the document-- 18
(a) tells the authorised officer, to the best of the person's ability, how 19
it is false or misleading; and 20
(b) if the person has, or can reasonably obtain, the correct 21
information--gives the correct information. 22
112 Obstructing authorised officers 23
(1) A person must not obstruct an authorised officer in the exercise of a 24
power, unless the person has a reasonable excuse. 25
Maximum penalty--100 penalty units. 26
(2) If a person has obstructed an authorised officer and the authorised 27
officer decides to proceed with the exercise of the power, the authorised 28
officer must warn the person that-- 29
s 113 66 s 116
Dangerous Goods Safety Management Bill 2001
(a) it is an offence to obstruct the authorised officer unless the person 1
has a reasonable excuse; and 2
(b) the authorised officer considers the person's conduct an 3
obstruction. 4
PART 7--HAZARDOUS MATERIALS EMERGENCIES 5
Division 1--Purpose 6
113 Purpose of pt 7 7
The purpose of this part is to allow persons appointed as hazardous 8
materials emergency advisers ("hazmat advisers") to provide advice and 9
help in relation to hazardous materials emergencies. 10
Division 2--Appointment of persons as hazmat advisers 11
114 Appointment 12
The chief executive may appoint a person as a hazardous materials 13
emergency adviser. 14
115 Qualifications for appointment 15
The chief executive may appoint a person as a hazmat adviser only if-- 16
(a) the chief executive considers the person has the necessary 17
expertise or experience to be a hazmat adviser; and 18
(b) the person has satisfactorily finished training approved by the 19
chief executive. 20
116 Appointment conditions 21
(1) A hazmat adviser holds office on the conditions stated in the 22
instrument of appointment. 23
s 117 67 s 119
Dangerous Goods Safety Management Bill 2001
(2) A hazmat adviser ceases holding office-- 1
(a) if the appointment provides for a term of appointment--at the 2
end of the term; and 3
(b) if the conditions of appointment provide--on ceasing to hold 4
another office (the "main office") stated in the appointment 5
conditions. 6
(3) A hazmat adviser may resign by signed notice of resignation given to 7
the chief executive. 8
(4) However, a hazmat adviser may not resign from the office of hazmat 9
adviser (the "secondary office") if a term of the hazmat adviser's 10
employment to the main office requires the hazmat adviser to hold the 11
secondary office. 12
117 Powers 13
(1) A hazmat adviser has the powers given under this Act. 14
(2) A hazmat adviser is subject to the directions of the chief executive in 15
exercising the powers. 16
(3) A hazmat adviser's powers may be limited-- 17
(a) under a condition of appointment; or 18
(b) by notice given by the chief executive to the hazmat adviser. 19
118 Function of hazmat advisers 20
The function of hazmat advisers is to give advice and scientific and 21
technical help for the effective management of hazardous materials 22
emergencies. 23
119 Identity cards 24
(1) The chief executive must give each hazmat adviser an identity card. 25
(2) The identity card must-- 26
(a) contain a copy of the signature, and a recent photograph, of the 27
hazmat adviser; and 28
(b) identify the person as a hazmat adviser under this Act; and 29
(c) include an expiry date for the card. 30
s 120 68 s 122
Dangerous Goods Safety Management Bill 2001
(3) This section does not prevent the issue of a single identity card to a 1
person for this Act and other Acts. 2
120 Failure to return identity card 3
A person who ceases to be a hazmat adviser must return the person's 4
identity card to the chief executive as soon as practicable, but within 21 5
days, after ceasing to be a hazmat adviser, unless the person has a 6
reasonable excuse. 7
Maximum penalty--40 penalty units. 8
121 Production or display of identity card 9
(1) A hazmat adviser may exercise a power in relation to another person 10
only if the hazmat adviser-- 11
(a) first produces the hazmat adviser's identity card for the other 12
person's inspection; or 13
(b) has the identity card displayed so it is clearly visible to the other 14
person. 15
(2) However, if for any reason it is not practicable to comply with 16
subsection (1) before exercising the power, the hazmat adviser must 17
produce the identity card for the other person's inspection at the first 18
reasonable opportunity. 19
Division 3--Powers of hazmat advisers 20
Subdivision 1--Entry of places 21
122 Power to enter places 22
(1) A hazmat adviser may enter a place at which a hazardous materials 23
emergency is happening if asked to do so by a prescribed officer at the 24
place. 25
(2) In this section-- 26
"prescribed officer" means-- 27
(a) a fire officer; or 28
s 123 69 s 123
Dangerous Goods Safety Management Bill 2001
(b) a police officer; or 1
(c) if the place is a coal mine to which the Coal Act applies--an 2
inspector under that Act; or 3
(d) if the place is a mine or quarry to which the Mines Act 4
applies--an inspector under that Act; or 5
(e) another person, appointed under an Act, prescribed under a 6
regulation. 7
Subdivision 2--General powers 8
123 General powers after entering a place for a hazardous materials 9
emergency 10
(1) This section applies to a hazmat adviser who enters a place at the 11
request of a prescribed officer under section 122. 12
(2) The hazmat adviser may, if asked to do so by the prescribed 13
officer-- 14
(a) search any part of the place; or 15
(b) inspect, measure, test, photograph or film any part of the place or 16
anything at the place; or 17
(c) take a thing, or a sample of or from a thing, at the place for 18
analysis or testing; or 19
(d) copy a document at the place. 20
(3) For exercising a power under subsection (2), the hazmat adviser 21
may-- 22
(a) take into or onto the place any persons, equipment and materials 23
the hazmat adviser reasonably requires for exercising the power; 24
or 25
(b) require a person at the place, to give the hazmat adviser 26
reasonable help. 27
(4) When making a requirement mentioned in subsection (3)(b), the 28
hazmat adviser must warn the person it is an offence to fail to comply with 29
the requirement, unless the person has a reasonable excuse. 30
s 124 70 s 126
Dangerous Goods Safety Management Bill 2001
124 Failure to help a hazmat adviser 1
(1) A person required to give reasonable help under section 123(3)(b) 2
must comply with the requirement, unless the person has a reasonable 3
excuse. 4
Maximum penalty--100 penalty units. 5
(2) If a requirement under section 123(3)(b) relates to a document or 6
answering a question, it is a reasonable excuse for the person not to comply 7
with the requirement that complying with the requirement might tend to 8
incriminate the person. 9
125 Obstructing hazmat advisers 10
(1) A person must not obstruct a hazmat adviser in the performance of a 11
power, unless the person has a reasonable excuse. 12
Maximum penalty--100 penalty units. 13
(2) If a person has obstructed a hazmat adviser and the hazmat adviser 14
decides to proceed with the exercise of the power, the hazmat adviser must 15
warn the person that-- 16
(a) it is an offence to obstruct the hazmat adviser unless the person 17
has a reasonable excuse; and 18
(b) the hazmat adviser considers the person's conduct an obstruction. 19
PART 8--INVESTIGATIONS AND INQUIRIES INTO 20
MAJOR ACCIDENTS 21
Division 1--Requirement about major accidents and near misses 22
126 Notice of major accident 23
(1) If a major accident happens at a major hazard facility, the occupier of 24
the facility must-- 25
(a) as soon as practicable, notify the chief executive about the major 26
accident and of any serious harm or material harm caused in the 27
accident to a person, property or the environment; and 28
s 127 71 s 127
Dangerous Goods Safety Management Bill 2001
(b) if notification to the chief executive is given orally, confirm the 1
oral notification by notice within 7 days; and 2
(c) investigate the major accident; and 3
(d) give a written report on the investigation to the chief executive 4
within 1 month of the accident or, if the chief executive considers 5
this is not practicable, the longer time allowed by the chief 6
executive; and 7
(e) consult with the employees at the facility about avoiding major 8
accidents in the future. 9
Maximum penalty--200 penalty units. 10
(2) However, the occupier does not have to comply with subsection (1) 11
if the major accident is notified under any of the following Acts-- 12
(a) Explosives Act 1999; 13
(b) Gas Act 1965; 14
(c) Petroleum Act 1923; 15
(d) Radiation Safety Act 1999. 16
127 Recording of near misses 17
(1) If a near miss happens at a major hazard facility, the occupier of the 18
facility must as soon as practicable-- 19
(a) record the near miss; and 20
(b) investigate the near miss and record the results of the 21
investigation; and 22
(c) consult with the employees at the facility on ways of avoiding 23
near misses in the future. 24
Maximum penalty--80 penalty units. 25
(2) The occupier must keep a record created under subsection (1) while 26
the major hazard facility continues to operate. 27
Maximum penalty--80 penalty units. 28
s 128 72 s 130
Dangerous Goods Safety Management Bill 2001
Division 2--Inquiries by board of inquiry 1
128 Minister may establish or re-establish boards of inquiry 2
(1) The Minister may, by gazette notice, establish a board of inquiry to 3
inquire into a major accident at any place. 4
(2) The notice, or a later gazette notice, may state matters relevant to the 5
inquiry including, for example, the membership of the board, who is the 6
chairperson of the board, and its terms of reference. 7
(3) The Minister may exercise powers under this section for a major 8
accident whether or not a board of inquiry had previously inquired into the 9
accident. 10
129 Role of board of inquiry 11
(1) The board of inquiry must-- 12
(a) inquire into the circumstances and probable causes of the major 13
accident; and 14
(b) give the Minister a written report of the board's findings. 15
(2) The report may contain the recommendations the board considers 16
appropriate and other relevant matters. 17
(3) The Minister must table a copy of the report in the Legislative 18
Assembly within 14 sitting days after receiving the report. 19
(4) However, if the board gives the Minister a separate report of issues 20
the board considers should not be made public, the Minister need not table 21
the separate report in the Legislative Assembly. 22
130 Conditions of appointment 23
(1) A member of the board of inquiry is entitled to be paid the 24
remuneration and allowances decided by the Governor in Council. 25
(2) A member holds office on conditions not provided by this Act that 26
are decided by the Minister. 27
s 131 73 s 134
Dangerous Goods Safety Management Bill 2001
131 Chief executive to arrange for services of staff and financial 1
matters for board of inquiry 2
As soon as practicable after the board of inquiry is established, the chief 3
executive must consult with the chairperson of the board and arrange-- 4
(a) for the services of officers and employees of the department and 5
other persons to be made available to the board for the conduct of 6
the inquiry; and 7
(b) for financial matters relevant to the board. 8
132 Procedure 9
(1) When conducting its inquiry, the board of inquiry must-- 10
(a) observe natural justice; and 11
(b) act as quickly, and with as little formality and technicality, as is 12
consistent with a fair and proper consideration of the issues. 13
(2) In conducting the inquiry, the board-- 14
(a) is not bound by the rules of evidence; and 15
(b) may inform itself in any way it considers appropriate, including 16
by holding hearings; and 17
(c) may decide the procedures to be followed for the inquiry. 18
(3) However, the board must comply with this division and any 19
procedural rules prescribed under a regulation. 20
133 Notice of inquiry 21
The chairperson of the board of inquiry must give at least 14 days notice 22
of the time and place of the inquiry to-- 23
(a) any person the chairperson considers may be concerned in the 24
major accident the subject of the inquiry; and 25
(b) any other person the chairperson reasonably believes should be 26
given the opportunity to appear at the inquiry. 27
134 Inquiry to be held in public other than in special circumstances 28
(1) An inquiry must be held in public. 29
s 135 74 s 138
Dangerous Goods Safety Management Bill 2001
(2) However, the board of inquiry may, of its own initiative or on the 1
application of a person represented at the inquiry, direct that the inquiry, or 2
a part of the inquiry, be held in private, and give directions about the 3
persons who may be present. 4
(3) The board may give a direction under subsection (2) only if it is 5
satisfied that it is proper to do so in the special circumstances of the case. 6
135 Protection of members, legal representatives and witnesses 7
(1) A member of the board of inquiry has, in the performance of the 8
member's duties, the same protection and immunity as a Supreme Court 9
judge performing the functions of a judge. 10
(2) A lawyer or other person appearing before the board for someone 11
else has the same protection and immunity as a barrister appearing for a 12
party in a proceeding in the Supreme Court. 13
(3) A person given a witness requirement notice to attend or appearing 14
before the board as a witness has the same protection as a witness in a 15
proceeding in the Supreme Court. 16
136 Record of proceedings to be kept 17
The board of inquiry must keep a record of its proceedings. 18
137 Procedural fairness and representation 19
In the conduct of the inquiry, the board of inquiry must give the occupier 20
of the place where the major accident happened the opportunity of making 21
a defence to all claims made against the occupier, either in person or by the 22
occupier's lawyer or agent. 23
138 Board's powers on inquiry 24
(1) In conducting the inquiry, the board of inquiry may-- 25
(a) act in the absence of any person who has been given reasonable 26
notice of the inquiry; and 27
(b) receive evidence on oath or by statutory declaration; and 28
s 139 75 s 141
Dangerous Goods Safety Management Bill 2001
(c) adjourn the inquiry; and 1
(d) disregard any defect, error, omission or insufficiency in a 2
document. 3
(2) A member of the board may administer an oath to a person appearing 4
as a witness before the inquiry. 5
139 Notice to witness 6
(1) The chairperson of the board of inquiry may, by notice given to a 7
person (a "witness requirement notice"), require the person to attend the 8
inquiry at a stated time and place to give evidence or produce stated 9
documents or things. 10
(2) A person required to appear as a witness before the board is entitled 11
to the witness fees prescribed under a regulation or, if no witness fees are 12
prescribed, the reasonable witness fees decided by the chairperson. 13
140 Inspection of documents or other things 14
(1) If a document or other thing is produced to the board of inquiry at the 15
inquiry, the board may-- 16
(a) inspect the document or other thing; and 17
(b) make copies of, photograph, or take extracts from, the document 18
or other thing if it is relevant to the inquiry. 19
(2) The board may also take possession of the document or other thing, 20
and keep it while it is necessary for the inquiry. 21
(3) While it keeps a document or other thing, the board must permit a 22
person otherwise entitled to possession of the document or thing to inspect, 23
make copies of, photograph, or take extracts from, the document or thing, 24
at a reasonable place and time the board decides. 25
141 Inquiry may continue despite court proceeding unless otherwise 26
ordered 27
The inquiry of the board of inquiry may start or continue, and a report 28
may be prepared or given, despite a proceeding before any court or 29
tribunal, unless a court or tribunal with the necessary jurisdiction orders 30
otherwise. 31
s 142 76 s 144
Dangerous Goods Safety Management Bill 2001
142 Offences by witnesses 1
(1) A person given a witness requirement notice-- 2
(a) must not fail, without reasonable excuse, to attend as required by 3
the notice; and 4
(b) must not fail, without reasonable excuse, to continue to attend as 5
required by the chairperson of the board of inquiry until excused 6
from further attendance. 7
Maximum penalty--40 penalty units. 8
(2) A person appearing as a witness at the inquiry must not fail-- 9
(a) to take an oath when required by the chairperson of the board; or 10
(b) without reasonable excuse, to answer a question the person is 11
required to answer by a member of the board; or 12
(c) without reasonable excuse, to produce a document or other thing 13
the person is required to produce under a witness requirement 14
notice. 15
Maximum penalty--40 penalty units. 16
(3) It is a reasonable excuse for subsection (2)(b) or (c) that answering 17
the question or producing the document or other thing might tend to 18
incriminate the person. 19
143 False or misleading statements 20
A person must not state anything to the board of inquiry that the person 21
knows is false or misleading in a material particular. 22
Maximum penalty--200 penalty units. 23
144 False or misleading documents 24
(1) A person must not give to the board of inquiry a document 25
containing information the person knows is false or misleading in a 26
material particular. 27
Maximum penalty--200 penalty units. 28
(2) Subsection (1) does not apply to a person who, when giving the 29
document-- 30
s 145 77 s 147
Dangerous Goods Safety Management Bill 2001
(a) informs the board, to the best of the person's ability, how it is 1
false or misleading; and 2
(b) if the person has, or can reasonably get, the correct 3
information--gives the correct information to the board. 4
145 Contempt of board 5
A person must not-- 6
(a) insult the board of inquiry; or 7
(b) deliberately interrupt the inquiry; or 8
(c) create or continue, or join in creating or continuing, a disturbance 9
in or near a place where the board is conducting its inquiry; or 10
(d) do anything that would be contempt of court if the board were a 11
judge acting judicially. 12
Maximum penalty--40 penalty units. 13
146 Report of offences 14
If the board of inquiry considers material before it discloses an offence, 15
it may report the offence to 1 or more of the following and may make 16
available to them all relevant material in the board's possession-- 17
(a) the commissioner of the police service; 18
(b) the Criminal Justice Commission; 19
(c) the director of public prosecutions; 20
(d) the chief executive. 21
147 Change of membership of board 22
The inquiry of the board of inquiry is not affected by a change in its 23
membership. 24
s 148 78 s 151
Dangerous Goods Safety Management Bill 2001
PART 9--APPEALS 1
Division 1--Appeals against classification as a major hazard facility 2
148 Appeals against chief executive decisions 3
The occupier of a facility who is aggrieved by a decision of the chief 4
executive to classify the facility as a major hazard facility may appeal 5
against the decision. 6
149 Court to which appeal may be made 7
An appeal under this division may be made to the Magistrates Court 8
nearest the place where the facility is situated. 9
150 Starting appeal 10
(1) An appeal is started by-- 11
(a) filing a notice of appeal with the clerk of the court of the 12
Magistrates Court; and 13
(b) serving a copy of the notice on the chief executive. 14
(2) The notice of appeal must be filed within 28 days after the appellant 15
is given notice of the decision. 16
(3) The court may at any time extend the period for filing the notice of 17
appeal. 18
(4) The notice of appeal must state fully the grounds of the appeal and 19
the facts relied on. 20
151 Stay of operation of decisions 21
(1) The Magistrates Court may grant a stay of the operation of the 22
decision appealed against to secure the effectiveness of the appeal. 23
(2) A stay-- 24
(a) may be given on conditions the court considers appropriate; and 25
(b) operates for the period fixed by the court; and 26
(c) may be revoked or amended by the court. 27
s 152 79 s 154
Dangerous Goods Safety Management Bill 2001
(3) The period of a stay under this section must not extend past the time 1
when the court decides the appeal. 2
(4) An appeal against the decision affects the decision only if the 3
decision is stayed. 4
152 Hearing procedures 5
(1) In deciding an appeal, the Magistrates Court-- 6
(a) is not bound by the rules of evidence; and 7
(b) must comply with natural justice. 8
(2) An appeal is by way of rehearing unaffected by the chief executive's 9
decision, on the material before the chief executive and any further 10
evidence allowed by the Magistrates Court. 11
153 Powers of court on appeal 12
(1) In deciding an appeal, the Magistrates Court may-- 13
(a) confirm the decision appealed against; or 14
(b) vary the decision; or 15
(c) set aside the decision and substitute another decision; or 16
(d) set aside the decision and return the issue to the chief executive 17
with the directions the court considers appropriate. 18
(2) The decision as varied or substituted may be any decision that the 19
chief executive may make. 20
(3) If the court varies a decision or substitutes another decision, the 21
varied or substituted decision is, for this Act other than this part, taken to 22
be the decision of the chief executive. 23
154 Appeals to District Court 24
An appeal to the District Court from a decision of the Magistrates Court 25
may be made only on a question of law. 26
s 155 80 s 157
Dangerous Goods Safety Management Bill 2001
Division 2--Appeals against review decisions 1
155 Who may appeal 2
A person whose interests are affected by a review decision of an 3
administering executive under part 6, division 3, subdivision 4 may appeal 4
to the Industrial Court.14 5
156 Starting appeal 6
(1) An appeal is started by-- 7
(a) filing notice of appeal with the registrar of the Industrial Court; 8
and 9
(b) complying with any rules of court applying to the appeal. 10
(2) The notice of appeal must be filed within 28 days after-- 11
(a) the day the appellant receives notice of the review decision under 12
section 104;15 or 13
(b) if paragraph (a) does not apply--the day the person otherwise 14
becomes aware of the review decision. 15
(3) The court may at any time extend the period for filing the notice of 16
appeal. 17
(4) The notice of appeal must state fully the grounds of the appeal and 18
the facts relied on. 19
157 Stay of operation of review decision 20
(1) The Industrial Court may grant a stay of a review decision appealed 21
against to secure the effectiveness of the appeal. 22
(2) A stay-- 23
(a) may be given on the conditions the court considers appropriate; 24
and 25
(b) operates for the period fixed by the court; and 26
14 Part 6 (Authorised officers and directives), division 3 (Directives by authorised
officers), subdivision 4 (Review of directives)
15 Section 104 (Review of directive)
s 158 81 s 160
Dangerous Goods Safety Management Bill 2001
(c) may be revoked or amended by the court. 1
(3) The period of a stay must not extend past the time when the court 2
decides the appeal. 3
(4) An appeal against a review decision affects the decision, or the 4
carrying out of the decision, only if the decision is stayed. 5
(5) However, a review decision about a directive given under section 97 6
or 98 must not be stayed.16 7
158 Hearing procedures 8
(1) The procedure for an appeal is to be in accordance with the Industrial 9
Court's rules or, if the rules make no provision or insufficient provision, in 10
accordance with directions of the Industrial Court. 11
(2) An appeal is by way of rehearing, unaffected by the administering 12
executive's review decision, on the material before the administering 13
executive and any further evidence allowed by the Industrial Court. 14
159 Assessors 15
If the Industrial Court is satisfied the appeal involves an issue of special 16
knowledge and skill, the court may appoint 1 or more assessors to help in 17
deciding the appeal. 18
160 Powers of court on appeal 19
(1) In deciding an appeal, the Industrial Court may-- 20
(a) confirm the review decision appealed against; or 21
(b) vary the review decision; or 22
(c) set aside the review decision and make a decision in substitution 23
for the review decision; or 24
(d) set aside the review decision and return the issue to the 25
authorised officer who gave the directive or to the administering 26
executive with directions the court considers appropriate. 27
16 Section 97 (Directive to suspend operations for unacceptable level of risk) or
98 (Directive to isolate site)
s 161 82 s 163
Dangerous Goods Safety Management Bill 2001
(2) The decision as varied or substituted may be any decision that the 1
administering executive may make. 2
(3) If the court varies the decision or substitutes another decision, the 3
varied or substituted decision is, for this Act other than this part, taken to 4
be the decision of the administering executive. 5
PART 10--LEGAL PROCEEDINGS 6
Division 1--Evidence 7
161 Proof of appointments and authority unnecessary 8
In a proceeding it is not necessary to prove-- 9
(a) the appointment of the administering executive, an authorised 10
officer or a hazmat adviser; or 11
(b) the authority of the administering executive, an authorised officer 12
or a hazmat adviser to do anything under this Act. 13
162 Proof of signatures unnecessary 14
A signature purporting to be the signature of the administering 15
executive, an authorised officer or a hazmat adviser is evidence of the 16
signature it purports to be. 17
163 Evidentiary aids 18
(1) A certificate purporting to be signed by the chief executive stating 19
any of the following matters is evidence of the matter-- 20
(a) a stated document is-- 21
(i) an appointment or a copy of an appointment; or 22
(ii) a directive or a copy of a directive given under this Act; or 23
(iii) a decision, or a copy of a decision, given or made under this 24
Act; or 25
s 164 83 s 164
Dangerous Goods Safety Management Bill 2001
(iv) a record or document, a copy of a record or document, or an 1
extract from a record or document, kept under this Act; 2
(b) on a stated day, or during a stated period, a stated certificate, 3
approval or appointment was, or was not, in force for a stated 4
person or thing; 5
(c) on a stated day, or during a stated period, a standard issued or 6
published by the National Occupational Health and Safety 7
Commission or Standards Australia or something in the standard 8
was, or was not, in force; 9
(d) on a stated day a stated person was given a stated directive, 10
direction, requirement or notice under this Act; 11
(e) a stated amount is payable under this Act by a stated person and 12
has not been paid. 13
(2) A document purporting to be published by or under the authority of 14
the National Occupational Health and Safety Commission or Standards 15
Australia is, on its production in a proceeding, evidence of the matters 16
appearing on and in the document. 17
(3) Any instrument, equipment or installation used by an authorised 18
officer, a hazmat adviser or analyst in accordance with any conditions 19
prescribed under a relevant document for its use is taken to be accurate and 20
precise in the absence of evidence to the contrary. 21
(4) In a complaint starting a proceeding, a statement that the matter of 22
the complaint came to the complainant's knowledge on a stated day is 23
evidence of the matter. 24
(5) In any proceeding for an offence against this Act defined as 25
involving false or misleading information, a false or misleading statement, 26
or a false or misleading entry, it is enough for a charge to state that the 27
information, statement or entry was, without specifying which, `false or 28
misleading'. 29
164 Expert reports 30
(1) This section applies if-- 31
(a) a party (the "applicant party") to a proceeding under this Act 32
has a report (an "expert report") made by a person, other than 33
an analyst's report, that-- 34
s 164 84 s 164
Dangerous Goods Safety Management Bill 2001
(i) states the person is an expert and the basis for that 1
statement, including, for example, the person's 2
qualifications and 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 22
may 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
(8) A report admitted under subsection (6) is evidence of any fact or 34
opinion of which the expert could have given oral evidence. 35
s 165 85 s 167
Dangerous Goods Safety Management Bill 2001
165 Analyst's report 1
The production by the prosecutor or the defendant in a prosecution of a 2
signed analyst's report stating any of the following is evidence of them-- 3
(a) the analyst's qualifications; 4
(b) the analyst took, or received from a stated person, the sample 5
mentioned in the report; 6
(c) the analyst analysed the sample on a stated day, or during a stated 7
period, and at a stated place; 8
(d) the results of the analysis. 9
Division 2--Proceedings 10
166 Indictable and summary offences 11
(1) An offence against this Act for which the maximum penalty of 12
imprisonment is 2 years or more is an indictable offence. 13
(2) Any other offence against this Act is a summary offence. 14
167 Proceedings for indictable offences 15
(1) A proceeding for an indictable offence against this Act may be taken, 16
at the election of the prosecution-- 17
(a) by way of summary proceedings under the Justices Act 1886; or 18
(b) on indictment. 19
(2) A magistrate must not hear an indictable offence summarily if-- 20
(a) the defendant asks at the start of the hearing that the charge be 21
prosecuted on indictment; or 22
(b) the magistrate considers that the charge should be prosecuted on 23
indictment. 24
(3) If subsection (2) applies-- 25
(a) the magistrate must proceed by way of an examination of 26
witnesses for an indictable offence; and 27
(b) a plea of the person charged at the start of the proceeding must be 28
disregarded; and 29
s 168 86 s 169
Dangerous Goods Safety Management Bill 2001
(c) evidence brought in the proceeding before the magistrate decided 1
to act under subsection (2) is taken to be evidence in the 2
proceeding for the committal of the person for trial or sentence; 3
and 4
(d) before committing the person for trial or sentence, the magistrate 5
must make a statement to the person as required by the Justices 6
Act 1886, section 104(2)(b).17 7
(4) The maximum penalty that may be summarily imposed for an 8
indictable offence is 165 penalty units or 1 year's imprisonment. 9
(5) More than 1 contravention of a safety obligation under section 18 10
may be charged as a single charge if the acts or omissions giving rise to the 11
claimed contravention happened within the same period and in relation to 12
the same place.18 13
168 Limitation on who may summarily hear indictable offence 14
proceedings 15
(1) A proceeding must be before a magistrate if it is a proceeding-- 16
(a) for the summary conviction of a person on a charge for an 17
indictable offence; or 18
(b) for an examination of witnesses for a charge for an indictable 19
offence. 20
(2) However, if a proceeding for an indictable offence is brought before 21
a justice who is not a magistrate, jurisdiction is limited to taking or making 22
a procedural action or order within the meaning of the Justices of the Peace 23
and Commissioners for Declarations Act 1991. 24
169 Limitation on time for starting summary proceedings 25
A proceeding for an offence against this Act by way of summary 26
proceeding under the Justices Act 1886 must start-- 27
(a) within 1 year after the commission of the offence; or 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 170 87 s 172
Dangerous Goods Safety Management Bill 2001
(b) within 6 months after the offence comes to the complainant's 1
knowledge, but within 3 years after the commission of the 2
offence. 3
170 Forfeiture on conviction 4
(1) On conviction of a person for an offence against this Act, a court 5
may order the forfeiture to the State of-- 6
(a) anything used to commit the offence; or 7
(b) anything else the subject of the offence. 8
(2) The court may make the order-- 9
(a) whether or not the thing has been seized; and 10
(b) if the thing has been seized, whether or not the thing has been 11
returned to its owner. 12
(3) The court may make any order to enforce the forfeiture it considers 13
appropriate. 14
(4) This section does not limit the court's powers under the Penalties 15
and Sentences Act 1992 or another law. 16
171 Dealing with forfeited things 17
(1) On the forfeiture of a thing to the State, the thing becomes the State's 18
property and may be dealt with by the chief executive as the chief 19
executive considers appropriate. 20
(2) Without limiting subsection (1), the chief executive may destroy the 21
thing. 22
172 Responsibility for acts or omissions of representatives 23
(1) Subsections (2) and (3) apply in a proceeding for an offence against 24
this Act. 25
(2) If it is relevant to prove a person's state of mind about a particular act 26
or omission, it is enough to show-- 27
(a) the act was done or omitted to be done by a representative of the 28
person within the scope of the representative's actual or apparent 29
authority; and 30
s 173 88 s 173
Dangerous Goods Safety Management Bill 2001
(b) the representative had the state of mind. 1
(3) An act done or omitted to be done for a person by a representative of 2
the person within the scope of the representative's actual or apparent 3
authority is taken to have been done or omitted to be done also by the 4
person, unless the person proves the person could not, by the exercise of 5
reasonable diligence, have prevented the act or omission. 6
(4) In this section-- 7
"representative" means-- 8
(a) of a corporation--an executive officer, employee or agent of the 9
corporation; or 10
(b) of an individual--an employee or agent of the individual. 11
"state of mind" of a person includes-- 12
(a) the person's knowledge, intention, opinion, belief or purpose; 13
and 14
(b) the person's reasons for the intention, opinion, belief or purpose. 15
173 Executive officers must ensure corporation complies with Act 16
(1) The executive officers of a corporation must ensure that the 17
corporation complies with this Act. 18
(2) If a corporation commits an offence against a provision of this Act, 19
each of the corporation's executive officers also commits an offence, 20
namely, the offence of failing to ensure that the corporation complies with 21
the provision. 22
Maximum penalty--the penalty for the contravention of the provision by 23
an individual. 24
(3) Evidence that the corporation has been convicted of an offence 25
against a provision of this Act is evidence that each of the executive 26
officers committed the offence of failing to ensure that the corporation 27
complies with the provision. 28
(4) However, it is a defence for an executive officer to prove-- 29
(a) if the officer was in a position to influence the conduct of the 30
corporation in relation to the offence--the officer exercised 31
reasonable diligence to ensure the corporation complied with the 32
provision; or 33
s 174 89 s 176
Dangerous Goods Safety Management Bill 2001
(b) the officer was not in a position to influence the conduct of the 1
corporation in relation to the offence. 2
174 Costs of investigation 3
(1) If a court convicts a person of an offence against this Act, the court 4
may order the person to pay the department's, another department's or a 5
local government's reasonable costs of investigating the offence, including 6
reasonable costs of preparing for the prosecution of the offence. 7
(2) An order under subsection (1) is taken to be a judgment in the court's 8
civil jurisdiction, irrespective of the amount. 9
(3) An issue arising about whether the costs have been incurred and their 10
amount is to be decided on the balance of probabilities. 11
(4) This section does not limit the orders for costs the court may make. 12
175 Fines payable to local government 13
(1) This section applies if-- 14
(a) the administration and enforcement of a matter has been 15
devolved to a local government; and 16
(b) a proceeding for an offence about the matter is taken; and 17
(c) a court imposes a fine for the offence. 18
(2) The fine must be paid to the local government. 19
(3) If a person other than the local government prosecutes the offence, 20
subsection (2) does not apply to any part of the fine the court orders be paid 21
to the person. 22
PART 11--MISCELLANEOUS 23
176 Service of documents 24
(1) If a document is required or permitted under this Act to be given to a 25
person, the document may be given to the person by facsimile transmission 26
directed and sent to-- 27
s 177 90 s 178
Dangerous Goods Safety Management Bill 2001
(a) the last transmission number given to the giver of the document 1
by the person as the facsimile transmission number for service of 2
documents on the person; or 3
(b) the facsimile transmission number operated-- 4
(i) at the address of the person last known to the giver of the 5
document; or 6
(ii) if the person is a corporation, at the corporation's registered 7
office under the Corporations Law. 8
(2) A document given under subsection (1) is taken to have been given 9
on the day the copy is transmitted. 10
(3) This section does not limit any other means of giving documents 11
authorised or permitted by law including, for example, under the Acts 12
Interpretation Act 1954, part 10.19 13
177 Person not to encourage refusal to answer questions 14
(1) A person must not encourage or influence, by general direction, 15
promise of advantage, threat of dismissal or otherwise, another person to 16
refuse to answer questions put to the other person by an authorised officer 17
or a hazmat adviser. 18
Maximum penalty--100 penalty units. 19
(2) To remove doubt, it is declared that subsection (1) does not apply to 20
the provision of legal advice to an employee by a lawyer. 21
(3) In this section-- 22
"encourage" includes attempt to encourage. 23
"influence" includes attempt to influence. 24
178 Person not to knowingly make false or misleading entry 25
A person must not make an entry in a document required or permitted to 26
be made or kept under this Act knowing the entry to be false or misleading 27
in a material particular. 28
Maximum penalty--100 penalty units. 29
19 Acts Interpretation Act 1954, part 10 (Service of documents)
s 179 91 s 180
Dangerous Goods Safety Management Bill 2001
179 Impersonating authorised officer or hazmat adviser 1
A person must not pretend to be an authorised officer or a hazmat 2
adviser. 3
Maximum penalty--40 penalty units. 4
180 Relationship with Integrated Planning Act 1997 5
(1) The chief executive may designate an area surrounding a major 6
hazard facility as a MHF consultation zone if the chief executive believes 7
the level of risk to persons, property or the environment should be a 8
significant factor in assessing development applications for material 9
changes of use under the Integrated Planning Act 1997. 10
(2) The chief executive must give a notice of each MHF consultation 11
zone to the local government in whose area the zone is, whether wholly or 12
in part. 13
(3) The notice must include a map of the MHF consultation zone. 14
(4) If the chief executive decides the reasons for designating an area as 15
an MHF consultation zone no longer apply to the MHF consultation zone, 16
the chief executive may give the local government a notice stating the area 17
is no longer an MHF consultation zone. 18
(5) If a local government receives a notice mentioned in subsection (2), 19
it must note the MHF consultation zone on-- 20
(a) its planning scheme; and 21
(b) any new planning scheme it makes before any notice mentioned 22
in subsection (4) is given. 23
(6) If a local government receives a notice mentioned in subsection (4), 24
it must remove the note about the MHF consultation zone from the 25
planning scheme. 26
(7) The chief executive must publish copies of each notice under 27
subsections (2) and (4) in the gazette. 28
(8) If a word used in this section is defined in the Integrated Planning 29
Act 1997, the word used has the same meaning as in that Act. 30
s 181 92 s 182
Dangerous Goods Safety Management Bill 2001
181 Delegations by chief executive 1
(1) The chief executive may delegate the chief executive's powers under 2
this Act to-- 3
(a) an appropriately qualified officer of the department; or 4
(b) the chief executive of another department; or 5
(c) the chief commissioner of the Queensland Fire and Rescue 6
Authority; or 7
(d) a local government. 8
(2) A delegation of a power by the chief executive to a person mentioned 9
in subsection (1)(b), (c) or (d) may permit the subdelegation of the power 10
to an appropriately qualified officer of the other department, fire officer or 11
officer of a local government. 12
(3) In this section-- 13
"appropriately qualified" includes having the qualifications, experience 14
or standing appropriate to the exercise of the power. 15
16
Example of `standing'--
17
A person's classification level in the public service.
182 Devolution of powers 18
(1) The Governor in Council may, by regulation (the "devolving 19
regulation"), devolve to a local government the administration and 20
enforcement of a regulation (a "stated matter") about flammable and 21
combustible liquids. 22
(2) On the commencement of the devolving regulation, the 23
administration and enforcement of the stated matter is a function of local 24
government to be performed by the local government for its area. 25
(3) To remove doubt, it is declared that the local government may-- 26
(a) make a resolution or local law that is not inconsistent with this 27
Act about the fees payable to it for the stated matter; and 28
(b) make a local law that is not inconsistent with this Act about any 29
matter for which it is necessary or convenient to make provision 30
for carrying out or giving effect to the stated matter. 31
s 183 93 s 184
Dangerous Goods Safety Management Bill 2001
(4) Despite subsection (3)(a), a local government may make a resolution 1
or local law prescribing a lower, but not a higher, fee for something for 2
which a fee is prescribed under a regulation. 3
(5) If the chief executive is satisfied the local government has failed to 4
do anything in the administration or enforcement of the stated matter-- 5
(a) the chief executive may do the thing; and 6
(b) the reasonable costs and expenses incurred by the chief executive 7
are a debt payable by the local government to the State. 8
(6) If a regulation is devolved to a local government the regulation may 9
refer to the local government and officers of the local government. 10
183 Delegations relating to devolved matters 11
(1) For a regulation devolved to a local government under section 182, 12
the local government's chief executive officer may delegate that officer's 13
or the chief executive officer's powers under the regulation to-- 14
(a) an appropriately qualified officer of the local government; or 15
(b) an appropriately qualified public service officer. 16
(2) A delegation of a power by the chief executive officer of a local 17
government to a person may permit the subdelegation of the power to an 18
appropriately qualified officer of the local government. 19
(3) In this section-- 20
"appropriately qualified" includes having the qualifications, experience 21
or standing appropriate to the exercise of the power. 22
23
Example of `standing'--
24
A person's classification level in a local government or the public service.
184 Representation by employee or contractor 25
(1) An employee or other person at a major hazard facility or dangerous 26
goods location may make, either personally or by a representative, a 27
representation to an authorised officer about an alleged contravention of 28
this Act at the facility or location. 29
(2) The authorised officer must investigate the matter. 30
(3) The name of the person making a representation must not be 31
disclosed except for a prosecution under subsection (4). 32
s 185 94 s 186
Dangerous Goods Safety Management Bill 2001
(4) A person must not make a false or frivolous representation under 1
subsection (1). 2
Maximum penalty for subsection (4)--40 penalty units. 3
185 Protecting officials from liability 4
(1) An official is not civilly liable for an act done, or omission made, 5
honestly and without negligence under this Act. 6
(2) If subsection (1) prevents a civil liability attaching to an official, the 7
liability attaches instead to-- 8
(a) if the official is the chief executive officer of a local government, 9
an authorised officer appointed by the chief executive officer of a 10
local government or acting under the direction of an authorised 11
officer appointed by the chief executive officer of a local 12
government--the local government; or 13
(b) if paragraph (a) does not apply--the State. 14
(3) In this section-- 15
"official" means-- 16
(a) the Minister; or 17
(b) the administering executive; or 18
(c) an authorised officer; or 19
(d) a hazmat adviser; or 20
(e) a person acting under the direction of an authorised officer. 21
186 Forms 22
(1) The chief executive may approve forms for use under this Act. 23
(2) The chief executive officer of a local government to which the 24
administration and enforcement of a regulation is devolved under 25
section 182 may approve forms for use under the regulation.20 26
20 Section 182 (Devolution of powers)
s 187 95 s 187
Dangerous Goods Safety Management Bill 2001
187 Regulation-making power 1
(1) The Governor in Council may make regulations under this Act. 2
(2) Without limiting subsection (1), a regulation may-- 3
(a) prescribe ways to prevent or minimise exposure to risk relating to 4
the storage or handling of dangerous goods or combustible 5
liquids at any place; and 6
(b) prescribe additional requirements to prevent or minimise 7
exposure to risk relating to the operation of major hazard 8
facilities; and 9
(c) provide for the giving of advice about hazardous materials 10
emergencies; and 11
(d) provide for the imposition and operation of a licensing system 12
for places where flammable or combustible liquids are stored or 13
handled; and 14
(e) provide for a code for IDAS, within the meaning of the 15
Integrated Planning Act 1997, for matters under this Act relating 16
to major hazard facilities, possible major hazard facilities, 17
dangerous goods locations or MHF consultation zones; and 18
(f) set fees payable under this Act; and 19
(g) deal with matters of an administrative nature. 20
(3) A regulation may impose a penalty of-- 21
(a) not more than 200 penalty units for a contravention of a 22
provision of a regulation imposing a requirement for the 23
operation of major hazard facilities; and 24
(b) not more than 100 penalty units for a contravention of a 25
provision of a regulation imposing a requirement for the storage 26
or handling of dangerous goods or combustible liquids at 27
dangerous goods locations; and 28
(c) not more than 20 penalty units for a contravention of another 29
provision of a regulation. 30
96
Dangerous Goods Safety Management Bill 2001
PART 12--REPEAL 1
188 Repeal 2
The Building (Flammable and Combustible Liquids) Regulation 1994 3
(1994 SL No. 103) is repealed. 4
PART 13--AMENDMENT OF ACTS AND 5
REGULATIONS 6
189 Amendments--sch 1 7
(1) Schedule 1 amends the Acts and the regulations mentioned in it. 8
(2) The amendment of a regulation in schedule 1 does not affect the 9
power of the Governor in Council to further amend the regulation or to 10
repeal it. 11
97
Dangerous Goods Safety Management Bill 2001
SCHEDULE 1 1
AMENDMENTS OF ACTS AND REGULATIONS 2
section 189 3
HEALTH ACT 1937 4
1 Part 4, division 9-- 5
omit. 6
HEALTH REGULATION 1996 7
1 Part 11-- 8
omit. 9
2 Section 206-- 10
omit. 11
3 Schedules 7 to 10-- 12
omit. 13
98
Dangerous Goods Safety Management Bill 2001
SCHEDULE 1 (continued)
INTEGRATED PLANNING ACT 1997 1
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 9
a major hazard facility or possible major hazard facility, as defined 10
under the Dangerous Goods Safety Management Act 2000.'. 11
WORKPLACE HEALTH AND SAFETY 12
(MISCELLANEOUS) REGULATION 1995 13
1 Part 17-- 14
omit. 15
99
Dangerous Goods Safety Management Bill 2001
SCHEDULE 2 1
DICTIONARY 2
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 6
Road 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
commences--the Coal Mining Act 1925; or 25
(b) after the Coal Mining Safety and Health Act 1999, section 9 26
commences--the Coal Mining Safety and Health Act 1999. 27
21 Section 182 (Devolution of powers)
22 Criminal Code, section 1--
"bodily harm" means any bodily injury which interferes with health or comfort.
100
Dangerous Goods Safety Management Bill 2001
SCHEDULE 2 (continued)
"combustible liquid" means a combustible liquid under the flammable 1
and combustible liquids standard. 2
"conviction" includes a plea of guilty, or a finding of guilt by a court, even 3
though a conviction is not recorded. 4
"dangerous goods" see section 9. 5
"dangerous goods location" see section 48. 6
"dangerous situation", at a place, means, although there is not a 7
hazardous materials emergency at the place-- 8
(a) it is likely that there will be a hazardous materials emergency at 9
the place if appropriate action is not taken; and 10
(b) it is reasonable to conclude, at the least, that taking the action 11
should not be indefinitely delayed. 12
"document certification requirement" see section 83(5). 13
"document production requirement" see section 83(7). 14
"emergency services" means the Queensland Ambulance Service under 15
the Ambulance Service Act 1991, the Queensland Fire and Rescue 16
Authority under the Fire and Rescue Authority Act 1990 and the 17
department. 18
"environment" see section 10. 19
"executive officer", of a corporation, means a person who-- 20
(a) is a member of the governing body of the corporation; or 21
(b) is concerned with, or takes part in, the corporations management, 22
whatever the person's position is called and whether or not the 23
person is a director of the corporation. 24
"facility" means a place where hazardous materials are, or are to be, stored 25
or handled. 26
"fire officer" means a fire officer under the Fire and Rescue Authority Act 27
1990. 28
101
Dangerous Goods Safety Management Bill 2001
SCHEDULE 2 (continued)
"flammable and combustible liquids standard" means-- 1
(a) if a standard is prescribed under a regulation as a flammable and 2
combustible liquids standard--that standard; or 3
(b) otherwise--AS 1940. 4
"flammable liquid" means a flammable liquid under the flammable and 5
combustible liquids standard. 6
"grievous bodily harm" see Criminal Code, section 1.23 7
"handling" includes-- 8
(a) conveying, manufacturing, processing, using, treating, 9
dispensing, packing, selling, transferring, rendering harmless, 10
destroying and disposing; and 11
(b) for a pipeline, conveying within the pipeline. 12
"hazard" see section 11. 13
"hazardous material" see section 12. 14
"hazardous materials emergency", at a place, means a situation 15
involving hazardous materials or suspected hazardous materials at the 16
place that includes a loss of control, or an imminent risk of loss of 17
control, of the materials or a loss of control of anything that may 18
impact on the materials if the loss of control causes, or the loss of 19
control or imminent risk of loss of control has the potential to cause, 20
material harm to persons, property or the environment. 21
"hazmat adviser" means a person appointed as a hazardous materials 22
emergency adviser under this Act. 23
"major accident" see section 13. 24
"major hazard facility" see section 31(1). 25
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.
102
Dangerous Goods Safety Management Bill 2001
SCHEDULE 2 (continued)
"material harm" is harm that-- 1
(a) causes or has the potential to cause harm to a person that requires 2
or may require treatment by a doctor; or 3
(b) results in costs of more than $1 000 being incurred to prevent, 4
minimise or repair harm to property or the environment. 5
"Mines Act" means-- 6
(a) until the Mining and Quarrying Safety and Health Act 1999, 7
section 9 commences--the Mines Regulation Act 1964; or 8
(b) after the Mining and Quarrying Safety and Health Act 1999, 9
section 9 commences--the Mining and Quarrying Safety and 10
Health Act 1999. 11
"modification", of a major hazard facility or dangerous goods location, 12
includes-- 13
(a) a change to plant, processes or quantities of hazardous materials 14
at the facility or location; or 15
(b) the introduction of different hazardous materials or new plant, 16
processes, or operating procedures at the facility or location; or 17
(c) organisational change at the facility or location; or 18
(d) a change to the safety management system at the facility or 19
location. 20
"multiple deaths" means the deaths of 2 or more persons. 21
"near miss" means any sudden event that, apart from mitigating effects, 22
actions or systems, could have escalated to a major accident. 23
"notice" means signed written notice. 24
"notify" means give a notice. 25
"obstruct" includes hinder and attempt to obstruct or hinder. 26
"occupier" see section 14. 27
"personal details requirement" see section 81(5). 28
"place" includes premises and vacant land and, for part 7, includes a 29
vehicle, boat or ship. 30
"possible major hazard facility" see section 31(2). 31
103
Dangerous Goods Safety Management Bill 2001
SCHEDULE 2 (continued)
"premises" includes-- 1
(a) a building or other structure; and 2
(b) a part of a building or other structure; and 3
(c) land where a building or other structure is situated. 4
"recognised standard" means a recognised standard made by the Minister 5
under section 29. 6
"risk" see section 15. 7
"safety management system"-- 8
(a) for a major hazard facility, means a safety management system 9
that complies with section 45; or 10
(b) for a dangerous goods location, means a safety management 11
system that complies with section 53. 12
"safety obligations" see section 16. 13
"safety report" see section 47. 14
"serious danger" is danger that has the potential to cause serious harm. 15
"serious harm" is harm that-- 16
(a) causes the death of a person; or 17
(b) impairs a person to such an extent that because of the harm the 18
person becomes an overnight or longer stay patient in a hospital; 19
or 20
(c) results in costs of more than $50 000 being incurred to prevent, 21
minimise or repair harm to property or the environment. 22
"Standards Australia" means Standards Australia International Ltd 23
ACN 087 326 690. 24
"storage or handling system" means any of the following used in 25
connection with the storage or handling of dangerous goods or 26
combustible liquids-- 27
(a) a container; 28
(b) spill containment system; 29
104
Dangerous Goods Safety Management Bill 2001
SCHEDULE 2 (continued)
(c) pipework; 1
(d) firefighting or fire protection system; 2
(e) any other plant. 3
"systematic risk assessment", means a systematic risk assessment under 4
section 41. 5
"witness requirement notice" see section 139(1). 6
"workplace" means a workplace under the Workplace Health and Safety 7
Act 1995, section 9. 8
© State of Queensland 2001
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