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TASMANIA
__________
DANGEROUS GOODS AMENDMENT BILL 2005
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Long title amended
5. Section 1 amended (Short title)
6. Section 3 amended (Interpretation)
7. Section 7 amended (Regulation-making powers and adoption of
codes, &c.)
8. Section 8 substituted
8. Offences under the regulations
9. Part 3: Heading amended
10. Sections 9, 10, 11, 12 and 13 substituted
9. Powers of Secretary
10. Appointment of authorised officers
11. Powers of authorised officers
12. Identification of authorised officers
13. Delegation
11. Section 14 amended (General powers of inspection, &c., of
authorised officers)
12. Section 15 amended (Authorised officers may require names and
addresses)
13. Section 16 amended (Powers of authorised officers regarding
suspected offences)
[Bill 65]-III
14. Section 17 amended (Authorised officers to restore premises,
&c., to original condition after inspections)
15. Section 18 substituted
18. Offence to obstruct, &c., authorised officers
18A. Offence to fail to comply with authorised officer's
directions
16. Section 20 amended (Directions to remedy contraventions)
17. Section 21 amended (Directions to eliminate or minimise
dangers)
18. Section 22 repealed
19. Section 23 substituted
23. Taking urgent direct action to prevent dangerous
situations causing serious harm
20. Section 24 amended (Exemptions)
21. Section 25 amended (Variation and cancellation of exemptions
and conditions)
22. Section 26 repealed
23. Section 27 amended (Application orders and emergency orders)
24. Part 5: Heading amended
25. Section 28 amended (Failure to be accredited)
26. Section 31 amended (Duties concerning the transportation of
dangerous goods)
27. Section 32 amended (Infringement notices)
28. Part 5A: Heading inserted
PART 5A Offence proceedings and related matters
29. Section 34 amended (Authorised officers may prosecute
offences)
30. Section 35 amended (Evidentiary matters)
31. Section 36 amended (Codes of practice)
32. Part 6: Heading repealed
33. Section 39 substituted
39. Recovery of investigation costs from convicted
persons
34. Section 40 amended (Recovery of costs of government action)
2
35. Section 41 amended (Prohibiting convicted persons from
involvement in transportation of dangerous goods)
36. Section 42 amended (Forfeiture)
37. Part 6: Heading inserted
PART 6 Miscellaneous
38. Sections 42A and 42B inserted
42A. Applications for review of decisions
42B. False or misleading statements
39. Section 43 amended (Delegation of Minister's powers to
Secretary)
40. Section 44 amended (Protection from liability)
41. Section 46 amended (Minister to notify adoption by regulation
of codes, &c.)
42. Sections 46A and 46B inserted
46A. Status of Gazette notices
46B. Service of documents
43. Section 49 amended (Savings and transitional regulations)
44. Section 50 repealed
45. Schedule 1 inserted
Schedule 1 Provisions with respect to warrants
3
4
DANGEROUS GOODS AMENDMENT BILL 2005
(Brought in by the Minister for Infrastructure, Energy and
Resources, the Honourable Bryan Alexander Green)
A BILL FOR
An Act to amend the Dangerous Goods Act 1998
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
1. Short title
This Act may be cited as the Dangerous Goods
Amendment Act 2005.
2. Commencement
This Act commences on the day on which the
Dangerous Substances (Safe Handling) Act 2005
commences.
3. Principal Act
In this Act, the Dangerous Goods Act 1998* is
referred to as the Principal Act.
*No. 6 of 1998
THIS BILL IS COGNATE WITH THE DANGEROUS SUBSTANCES (SAFE HANDLING) BILL
2005
[Bill 65] 5
s. 4 No. Dangerous Goods Amendment 2005
4. Long title amended
The long title of the Principal Act is amended by
omitting "regulate the manufacture, transport
and sale of dangerous goods, to regulate other
activities in relation to such goods," and
substituting "provide for the safe
transportation of dangerous goods,".
5. Section 1 amended (Short title)
Section 1 of the Principal Act is amended by
inserting "(Safe Transport)" after "Goods".
6. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended as
follows:
(a) by omitting the definitions of "authorised
officer", "Competent Authority",
"contravene" and "dangerous goods" and
substituting the following definitions:
"approved form" means a form
approved by the Secretary;
"AS 1940" means Australian Standard
AS 1940 The Storage and
Handling of Flammable and
Combustible Liquids made by
Standards Australia, as from time
to time amended;
"Australian Dangerous Goods
Code" means the Australian
Code for the Transport of
6
2005 Dangerous Goods Amendment No. s. 6
Dangerous Goods by Road and
Rail published by the
Commonwealth, as from time to
time amended;
"Australian Explosives Code" means
the Australian Code for the
Transport of Explosives by Road
and Rail published by the
Commonwealth, as from time to
time amended;
"authorised officer" means an
authorised officer appointed
under section 10(1), and includes
a person authorised under
section 23(5);
"conviction", in relation to an offence,
includes a finding of guilt without
the recording of a conviction for
the offence;
"corresponding law" means a law
prescribed under section 7(5) as
being a corresponding law for the
purposes of this Act;
"corresponding regulator" means a
person who, under a
corresponding law, has powers
that correspond or substantially
correspond to the powers of the
Secretary under this Act;
"dangerous goods" means a
substance or article that
7
s. 6 No. Dangerous Goods Amendment 2005
(a) can be classified as an
explosive substance or
explosive article under the
Australian Explosives
Code; or
(b) is listed in the Australian
Explosives Code,
appendix 1 or 2; or
(c) can be classified as a
dangerous good under the
Australian Dangerous
Goods Code; or
(d) is listed as a dangerous
good or good too
dangerous to be
transported under the
Australian Dangerous
Goods Code; or
(e) can be classified as a
combustible liquid under
AS 1940; or
(f) is determined by the
Secretary in accordance
with the regulations to be
dangerous goods;
(b) by omitting "handling" from the
definition of "dangerous situation" and
substituting "transportation";
(c) by omitting "or" second occurring from
paragraph (c) of the definition of
"government authority";
8
2005 Dangerous Goods Amendment No. s. 6
(d) by omitting paragraph (d) from the
definition of "government authority";
(e) by omitting the definitions of "handling"
and "hose assembly";
(f) by omitting the definition of
"involvement in the handling of
dangerous goods" and substituting the
following definition:
"involvement in the transportation
of dangerous goods" includes
(a) importing, or arranging
for the importation of,
dangerous goods into
Tasmania; and
(b) marking or placarding
packages and unit loads
containing dangerous
goods for transportation,
and placarding containers
and vehicles in which
dangerous goods are
transported; and
(c) consigning dangerous
goods for transportation;
and
(d) loading dangerous goods
onto a vehicle, or into a
container that is to be put
on a vehicle, for
transportation or
unloading dangerous
9
s. 6 No. Dangerous Goods Amendment 2005
goods that have been
transported; and
(e) undertaking, or being
responsible for, otherwise
than as an employee or
subcontractor, the
transportation of
dangerous goods; and
(f) driving a vehicle carrying
dangerous goods; and
(g) being the consignee of
transported dangerous
goods; and
(h) being involved as a
director, secretary or
manager of a body
corporate, or other person
who takes part in the
management of a body
corporate, that takes part
in an activity covered by
this definition;
(g) by inserting the following definition after
the definition of "offence":
"powers", of the Secretary or an
authorised officer, includes any
functions associated with the
exercise of those powers;
(h) by omitting the definition of "premises"
and substituting the following definition:
"premises" includes
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2005 Dangerous Goods Amendment No. s. 7
(a) an area of land, whether
built on or enclosed; and
(b) a building or a part of a
building, whether
permanent or temporary;
and
(c) a structure or a part of a
structure, whether
permanent or temporary
but does not include a vehicle;
(i) by omitting the definition of "store";
(j) by omitting "transport" from paragraph
(a) of the definition of "transport" and
substituting "transportation";
(k) by omitting paragraph (c) from the
definition of "transport" and substituting
the following paragraph:
(c) matters incidental to the
transportation of the goods;
7. Section 7 amended (Regulation-making powers and
adoption of codes, &c.)
Section 7 of the Principal Act is amended as
follows:
(a) by omitting paragraph (e) from
subsection (2) and substituting the
following paragraph:
(e) the marking or placarding of
packages and unit loads
11
s. 7 No. Dangerous Goods Amendment 2005
containing dangerous goods for
transportation and the placarding
of containers and vehicles in
which dangerous goods are
transported;
(b) by omitting from subsection (2)(f)
"handling" and substituting
"transportation";
(c) by omitting from subsection (2)(g)
"handling" and substituting
"transportation";
(d) by omitting paragraph (h) from
subsection (2);
(e) by omitting from subsection (2)(i)
"handling" twice occurring and
substituting "transportation";
(f) by inserting in subsection (2)(j) "for and
after transportation" after "goods";
(g) by omitting paragraphs (k), (l) and (m)
from subsection (2);
(h) by omitting paragraphs (n), (o) and (p)
from subsection (2) and substituting the
following paragraphs:
(n) the transportation of dangerous
goods into and out of Tasmania;
(o) the determination of routes along
which, the areas in which and the
times during which dangerous
goods may or may not be
transported;
12
2005 Dangerous Goods Amendment No. s. 7
(i) by omitting from subsection (2)(q)
"handling" first occurring and
substituting "transportation";
(j) by omitting from subsection (2)(q)(i)
"handled" and substituting "transported";
(k) by omitting subparagraph (ii) from
subsection (2)(q);
(l) by omitting subparagraph (iv) from
subsection (2)(q);
(m) by omitting from subsection (2)(r)(i)
"handling" and substituting
"transportation";
(n) by omitting subparagraph (ii) from
subsection (2)(r) and substituting the
following subparagraph:
(ii) vehicles and equipment used in
the transportation of dangerous
goods;
(o) by omitting paragraph (s) from
subsection (2);
(p) by omitting from subsection (2)(u)(i)
"handling" and substituting
"transportation";
(q) by omitting from subsection (2)(u)(ii)
"handling" and substituting
"transportation";
(r) by omitting from subsection (2)(v)
"handling" and substituting
"transportation";
13
s. 8 No. Dangerous Goods Amendment 2005
(s) by omitting from subsection (2)(w)(i)
"functions" and substituting "duties";
(t) by omitting from subsection (2)(w)(ii)
"handling" and substituting
"transportation";
(u) by omitting from subsection (2)(x)
"handling" and substituting
"transportation";
(v) by omitting from subsection (3)
"guideline or rule" and substituting
"guideline, rule or other document";
(w) by omitting from subsection (3)
"handling" and substituting
"transportation";
(x) by omitting from subsection (4)
"guideline or rule" and substituting
"guideline, rule or other document";
(y) by omitting from subsection (5)
"manufacture, transport or other
handling" and substituting
"transportation";
(z) by omitting from subsection (6)(c) "a
Competent Authority" and substituting
"the Secretary or an authorised officer".
8. Section 8 substituted
Section 8 of the Principal Act is repealed and the
following section is substituted:
14
2005 Dangerous Goods Amendment No. s. 9
8. Offences under the regulations
The regulations may
(a) provide that a contravention of
any of the regulations is an
offence; and
(b) in respect of such an offence,
provide for the imposition of
(i) for a body corporate, a
fine not exceeding 1 000
penalty units and, in the
case of a continuing
offence, a further fine not
exceeding 10 penalty
units for each day during
which the offence
continues; and
(ii) for an individual, a fine
not exceeding 500 penalty
units and, in the case of a
continuing offence, a
further fine not exceeding
5 penalty units for each
day during which the
offence continues.
9. Part 3: Heading amended
Part 3 of the Principal Act is amended by
omitting "COMPETENT AUTHORITIES
AND AUTHORISED OFFICERS" from the
heading to that Part and substituting
"ADMINISTRATION AND
ENFORCEMENT".
15
s. 10 No. Dangerous Goods Amendment 2005
10. Sections 9, 10, 11, 12 and 13 substituted
Sections 9, 10, 11, 12 and 13 of the Principal Act
are repealed and the following sections are
substituted:
9. Powers of Secretary
(1) The Secretary
(a) has the powers conferred on the
Secretary by this Act; and
(b) has power to do all things
necessary or convenient to be
done to exercise those powers.
(2) The Secretary
(a) may exercise all of the powers of
an authorised officer; and
(b) when doing so, has all the
immunities of an authorised
officer.
10. Appointment of authorised officers
(1) The Secretary, by instrument in writing,
may appoint persons to be authorised
officers if the Secretary is satisfied that
they have the qualifications to exercise
the powers of that office competently.
(2) The persons so appointed may be
(a) State Service officers or State
Service employees employed in
the Department; or
16
2005 Dangerous Goods Amendment No. s. 10
(b) with the consent of the Head of
another State Service Agency,
State Service officers or State
Service employees employed in
that other Agency; or
(c) with the consent of the
Commissioner of Police, police
officers.
(3) If a State Service officer or State Service
employee is appointed as an authorised
officer
(a) he or she holds that office in
conjunction with State Service
employment; and
(b) duties that he or she performs as
an authorised officer are taken to
be part of his or her duties as a
State Service officer or State
Service employee.
(4) If a police officer is appointed as an
authorised officer
(a) he or she holds that office in
conjunction with police
employment; and
(b) duties that he or she performs as
an authorised officer are taken to
be part of his or her duties as a
police officer.
(5) A person who is not a State Service
officer, State Service employee or police
officer is not capable of being given an
appointment under subsection (1).
17
s. 10 No. Dangerous Goods Amendment 2005
(6) However, the Secretary may authorise a
person who is not a State Service officer,
State Service employee or police officer
to exercise the powers of an authorised
officer if the Secretary is satisfied that
the person has the qualifications to do so
competently.
(7) In this section
"person" includes a class of persons;
"qualifications" includes expertise,
training and experience.
11. Powers of authorised officers
(1) An authorised officer
(a) has the powers conferred on
authorised officers by this Act;
and
(b) has power to do all things
necessary or convenient to be
done to exercise those powers.
(2) However, an appointment or
authorisation under section 10 may
specify that the appointment or
authorisation is subject to conditions or
restrictions relating to
(a) the powers that are exercisable by
the person appointed or
authorised; or
(b) when, where and in what
circumstances that person may
exercise powers.
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2005 Dangerous Goods Amendment No. s. 10
(3) Also, a person appointed or authorised
under section 10 is subject to the
directions of the Secretary in exercising
powers.
12. Identification of authorised officers
(1) The Secretary
(a) is to issue an identity card to each
authorised officer who is not a
police officer; and
(b) may issue an identity card to each
authorised officer who is a police
officer.
(2) The identity card is to
(a) be in an approved form; and
(b) contain a recent photograph of
the authorised officer; and
(c) contain the prescribed particulars,
if any.
(3) When a person ceases to be an authorised
officer, the Secretary is to retrieve the
person's identity card, if issued, as soon
as practicable.
(4) An authorised officer who is not a police
officer must
(a) carry his or her identity card
while carrying out duties under
this Act; and
19
s. 10 No. Dangerous Goods Amendment 2005
(b) if practicable, produce the
identity card before exercising a
power of an authorised officer.
(5) A police officer who is exercising or
about to exercise a power of an
authorised officer under this Act must, if
practicable, comply with a request to
identify himself or herself by
(a) producing the officer's police
identification, or authorised
officer identity card, if issued; or
(b) stating orally or in writing the
officer's name, rank and place of
duty, or the officer's
identification number.
(6) This section does not prevent the issue of
a single identity card to a person for this
Act or other Acts.
13. Delegation
(1) The Secretary may delegate any of his or
her functions or powers under this Act.
(2) Notwithstanding subsection (1), if a
function or power has been delegated to a
person or to the holder of a particular
office or position, that person or the
holder of that office or position may with
the approval of the Secretary delegate
that function or power.
20
2005 Dangerous Goods Amendment No. s. 11
11. Section 14 amended (General powers of inspection,
&c., of authorised officers)
Section 14 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)
"handling of dangerous goods but, if the
premises are unattended or are a
residence, the authorised officer may
only enter if the occupier consents." and
substituting "transportation of dangerous
goods.";
(b) by omitting subsection (2) and
substituting the following subsections:
(1A) However, if the premises are
unattended or are a residence, the
authorised officer may only enter
them with the consent of the
occupier or under the authority of
a warrant issued by a magistrate.
(1B) Schedule 1 has effect in relation
to the issue, execution, effect and
expiry of warrants for the
purposes of this section.
(2) Despite subsection (1A), an
authorised officer may enter and
search premises, whether
attended or not and whether or
not a residence, and without
consent or a warrant, if he or she
believes on reasonable grounds
that a dangerous situation exists
as a result of anything occurring
at the premises in relation to the
21
s. 11 No. Dangerous Goods Amendment 2005
transportation of dangerous
goods.
(c) by omitting from subsection (3) "has
been, is being or is likely to be used in
the handling" and substituting "or
equipment has been, is being or is likely
to be used in the transportation";
(d) by omitting from subsection (3)(a) "or
cause the vehicle" and substituting "or
equipment or cause the vehicle or
equipment";
(e) by inserting in subsection (3)(b) "or
equipment" after "vehicle";
(f) by omitting from subsection (3)(b)
"handling" and substituting
"transportation";
(g) by omitting from subsection (4)
"handling" and substituting
"transportation";
(h) by omitting from subsection (7)
"handled" and substituting "transported";
(i) by inserting the following subsection
after subsection (7):
(7A) If subsection (7) applies, the
authorised officer must give a
receipt in an approved form to the
person who
(a) appears to be in charge of
the premises, vehicle or
equipment from or in
22
2005 Dangerous Goods Amendment No. s. 12
respect of which the
sample is taken; or
(b) gives the sample.
(j) by omitting from subsection (9)(b) "a
form approved by a Competent
Authority." and substituting "an
approved form.".
12. Section 15 amended (Authorised officers may
require names and addresses)
Section 15 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)
"handling" and substituting
"transportation";
(b) by omitting subsection (2);
(c) by omitting from the penalty under
subsection (4) "5 penalty units." and
substituting "10 penalty units.".
13. Section 16 amended (Powers of authorised officers
regarding suspected offences)
Section 16 of the Principal Act is amended as
follows:
(a) by omitting subsection (3);
(b) by omitting subsection (4) and
substituting the following subsections:
23
s. 14 No. Dangerous Goods Amendment 2005
(4) However, if the premises are
unattended or are a residence, the
authorised officer may only enter
them with the consent of the
occupier or under the authority of
a warrant issued by a magistrate.
(4A) Schedule 1 has effect in relation
to the issue, execution, effect and
expiry of warrants for the
purposes of this section.
(c) by omitting from subsection (5) "The"
and substituting "Without limiting
subsection (2), the".
14. Section 17 amended (Authorised officers to restore
premises, &c., to original condition after
inspections)
Section 17(2) of the Principal Act is amended by
omitting "a Competent Authority" and
substituting "the Secretary".
15. Section 18 substituted
Section 18 of the Principal Act is repealed and
the following sections are substituted:
18. Offence to obstruct, &c., authorised officers
A person must not
(a) obstruct or hinder; or
(b) threaten; or
24
2005 Dangerous Goods Amendment No. s. 15
(c) attempt to intimidate; or
(d) attempt to improperly influence
an authorised officer, or a person
assisting the authorised officer, in the
exercise of a power of the authorised
officer under this Act.
Penalty: In the case of
(a) a body corporate, a fine
not exceeding 200 penalty
units; and
(b) an individual, a fine not
exceeding 100 penalty
units or imprisonment for
a term not exceeding 3
months, or both.
18A. Offence to fail to comply with authorised
officer's directions
A person must not, without reasonable
excuse, fail to comply with a direction
given by an authorised officer under
section 14 or 16.
Penalty: In the case of
(a) a body corporate, a fine
not exceeding 200 penalty
units; and
(b) an individual, a fine not
exceeding 100 penalty
units or imprisonment for
a term not exceeding 3
months, or both.
25
s. 16 No. Dangerous Goods Amendment 2005
16. Section 20 amended (Directions to remedy
contraventions)
Section 20 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)(b)
"repeated " and substituting "repeated;
or";
(b) by inserting the following paragraph after
paragraph (b) in subsection (1):
(c) is, by any act or omission, likely
to contravene this Act
(c) by omitting from subsection (1) "notice
requiring the person to remedy the
matters causing the contravention." and
substituting "direction requiring the
person to remedy the matters causing, or
likely to cause, the contravention.";
(d) by omitting from subsection (2) "notice"
first occurring and substituting
"direction";
(e) by omitting from subsection (2)(b)
"directed" and substituting "given";
(f) by omitting from subsection (2)(c)
"notice is directed" and substituting
"direction is given";
(g) by omitting from subsection (2)(c)(ii)
"repeated; and" and substituting
"repeated; or";
26
2005 Dangerous Goods Amendment No. s. 16
(h) by inserting the following subparagraph
after subparagraph (ii) in subsection
(2)(c):
(iii) is, by an act or omission, likely to
contravene a provision of this
Act; and
(i) by omitting from subsection (2)(f)
"notice" and substituting "direction";
(j) by omitting from subsection (3) "notice"
and substituting "direction";
(k) by omitting from subsection (3) "further"
and substituting "the further or likely";
(l) by omitting from subsection (4) "notice"
and substituting "direction";
(m) by inserting the following subsection
after subsection (4):
(4A) Subsection (4) does not prevent a
direction under this section from
being given to a person by any
other means permitted by this
Act.
(n) by omitting from subsection (5)(a)
"notice" and substituting "direction";
(o) by omitting from subsection (5)(b)
"notice" and substituting "direction";
(p) by inserting in subsection (5)(b) "or
likely contravention" after
"contravention".
27
s. 17 No. Dangerous Goods Amendment 2005
17. Section 21 amended (Directions to eliminate or
minimise dangers)
Section 21 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "issue a
notice" and substituting "give a
direction";
(b) by omitting from subsection (2) "notice"
and substituting "direction";
(c) by omitting from subsection (3) "notice"
and substituting "direction";
(d) by omitting from subsection (3)(a)
"directed" and substituting "given";
(e) by omitting from subsection (4) "notice"
and substituting "direction";
(f) by inserting the following subsection
after subsection (4):
(4A) Subsection (4) does not prevent a
written direction under this
section from being given to a
person by any other means
permitted by this Act.
(g) by omitting from subsection (5)(a)
"notice" and substituting "direction";
(h) by omitting from subsection (5)(b)
"notice" and substituting "direction".
28
2005 Dangerous Goods Amendment No. s. 18
18. Section 22 repealed
Section 22 of the Principal Act is repealed.
19. Section 23 substituted
Section 23 of the Principal Act is repealed and
the following section is substituted:
23. Taking urgent direct action to prevent
dangerous situations causing serious harm
(1) This section applies if an authorised
officer reasonably believes that
(a) a dangerous situation exists at a
place; and
(b) the dangerous situation threatens
to cause serious harm; and
(c) having regard to the nature of the
threat, action needs to be taken
urgently to prevent, remove or
minimise the dangerous situation.
(2) The authorised officer may
(a) take the necessary action; or
(b) cause that action to be taken.
(3) Subsection (2) has effect even if the
authorised officer has previously given a
person a direction under section 20 or 21,
and the time for complying with the
direction has not ended.
29
s. 19 No. Dangerous Goods Amendment 2005
(4) However, in determining the nature and
extent of the action to be taken, the
authorised officer must consult with the
occupier of the place and the Secretary to
the extent that it is reasonably practicable
to do so.
(5) The action that the authorised officer
may take includes engaging the help of a
person who the authorised officer
reasonably believes has appropriate
qualifications to contribute to the
prevention, removal or minimisation of
the dangerous situation.
(6) A person whose help is engaged pursuant
to subsection (5) is taken to have the
powers of an authorised officer to the
extent reasonably necessary to contribute
to the prevention, removal or
minimisation of the dangerous situation.
(7) As soon as practicable after exercising
power under subsection (2), an
authorised officer must
(a) prepare a report for the Secretary
that
(i) describes the action taken;
and
(ii) specifies why the action
was taken; and
(iii) sets out particulars of any
resulting property
damage; and
30
2005 Dangerous Goods Amendment No. s. 20
(b) give the occupier a copy of that
report.
(8) In this section
"serious harm" means serious harm
within the meaning of the
Dangerous Substances (Safe
Handling) Act 2005.
20. Section 24 amended (Exemptions)
Section 24 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "a
Competent Authority" and substituting
"the Secretary";
(b) by omitting from subsection (1)
"handling" and substituting
"transportation";
(c) by omitting from subsection (2) "A
Competent Authority" and substituting
"The Secretary, by instrument in
writing,";
(d) by omitting from subsection (2)
"Competent Authority" second occurring
and substituting "Secretary";
(e) by omitting from subsection (2)(b)(ii)
"handling" and substituting
"transportation";
(f) by omitting from subsection (4) "A
Competent Authority that grants an
exemption to one person must send" and
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s. 20 No. Dangerous Goods Amendment 2005
substituting "The Secretary, on granting
an exemption to one person, must give";
(g) by omitting from subsection (5) "A
Competent Authority that" and
substituting "The Secretary, on
granting";
(h) by omitting from subsection (5)(a)
"grants";
(i) by omitting from subsection (5)(b)
"grants";
(j) by omitting subsection (8) and
substituting the following subsection:
(8) If the Secretary grants
(a) an exemption to a class of
persons; or
(b) an exemption that is to
remain in force for longer
than 6 months
the Secretary must give
notification and details of the
exemption to the corresponding
regulator of each other State, and
of each Territory.
(k) by omitting from subsection (9)
"Competent Authority" and substituting
"corresponding regulator".
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2005 Dangerous Goods Amendment No. s. 21
21. Section 25 amended (Variation and cancellation of
exemptions and conditions)
Section 25 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "A
Competent Authority" and substituting
"The Secretary";
(b) by omitting from subsection (1)(a)
"Competent Authority" and substituting
"Secretary";
(c) by omitting from subsection (1)(b)
"Competent Authority" and substituting
"Secretary";
(d) by omitting from subsection (4) "A
Competent Authority" and substituting
"The Secretary".
22. Section 26 repealed
Section 26 of the Principal Act is repealed.
23. Section 27 amended (Application orders and
emergency orders)
Section 27 of the Principal Act is amended as
follows:
(a) by omitting subsection (1) and
substituting the following subsection:
(1) The Minister, by order, may do
either or both of the following:
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s. 24 No. Dangerous Goods Amendment 2005
(a) temporarily suspend the
operation of all or part of
the regulations;
(b) temporarily vary the
operation of all or part of
the regulations.
(b) by omitting from subsection (3) "If the
suspension or variation relates to the
transport of dangerous goods by road, the
order" and substituting "The order";
(c) by omitting subsection (4).
24. Part 5: Heading amended
Part 5 of the Principal Act is amended by
omitting "OFFENCES, PENALTIES,
EVIDENCE AND PROCEDURE" from the
heading to that Part and substituting
"OFFENCES".
25. Section 28 amended (Failure to be accredited)
Section 28 of the Principal Act is amended as
follows:
(a) by omitting "handling" first occurring
and substituting "transportation";
(b) by omitting "handling" second occurring
and substituting "transportation".
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2005 Dangerous Goods Amendment No. s. 26
26. Section 31 amended (Duties concerning the
transportation of dangerous goods)
Section 31 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)
"handling" and substituting
"transportation";
(b) by omitting from subsection (1)
"handled" and substituting "transported";
(c) by omitting from subsection (2)
"handling" and substituting
"transportation".
27. Section 32 amended (Infringement notices)
Section 32(3) of the Principal Act is amended by
omitting "A Competent Authority" and
substituting "The Secretary".
28. Part 5A: Heading inserted
The Principal Act is amended by inserting the
following heading after section 32:
PART 5A OFFENCE PROCEEDINGS AND
RELATED MATTERS
29. Section 34 amended (Authorised officers may
prosecute offences)
Section 34 of the Principal Act is amended by
inserting ", but is not required to," after "may".
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s. 30 No. Dangerous Goods Amendment 2005
30. Section 35 amended (Evidentiary matters)
Section 35 of the Principal Act is amended as
follows:
(a) by omitting from subsection (2)(d) "or
otherwise handle" twice occurring;
(b) by omitting from subsection (4) "a
Competent Authority or by a person
exercising powers delegated by a
Competent Authority" and substituting
"the Secretary or by a person exercising
powers delegated by the Secretary";
(c) by omitting from subsection (4)(b) "a
Competent Authority" and substituting
"the Secretary";
(d) by omitting from subsection (4)(c) "a
Competent Authority" and substituting
"the Secretary";
(e) by omitting from subsection (4)(d) "a
Competent Authority" and substituting
"the Secretary";
(f) by omitting from subsection (6) "a
Competent Authority" and substituting
"the Secretary".
31. Section 36 amended (Codes of practice)
Section 36 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)
"handling" and substituting
"transportation";
36
2005 Dangerous Goods Amendment No. s. 32
(b) by omitting from subsection (2)(a)
"relating to" and substituting "relating,
either wholly or in part, to the
transportation of";
(c) by omitting from subsection (2)(a) "a
Competent Authority" and substituting
"the Secretary or a corresponding
regulator";
(d) by omitting from subsection (6) "A
Competent Authority" and substituting
"The Secretary";
(e) by omitting from subsection (8)
"version" and substituting "revision".
32. Part 6: Heading repealed
The Principal Act is amended by omitting the
heading "PART 6 -- MISCELLANEOUS".
33. Section 39 substituted
Section 39 of the Principal Act is repealed and
the following section is substituted:
39. Recovery of investigation costs from
convicted persons
(1) A court that convicts a person of an
offence may, on application by or on
behalf of the authorised officer involved
in investigating the offence, order that, in
addition to any other penalty, the
defendant must pay any costs that were
37
s. 34 No. Dangerous Goods Amendment 2005
reasonably incurred in and directly
related to the investigation of the offence.
(2) For the purposes of this section, the costs
of investigating an offence include, but
are not limited to, the costs for testing,
transporting, storing and disposing of
dangerous goods.
34. Section 40 amended (Recovery of costs of
government action)
Section 40 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)
"handling" and substituting
"transportation";
(b) by omitting from subsection (1)(b)
"goods." and substituting "goods; or";
(c) by inserting the following paragraph after
paragraph (b) in subsection (1):
(c) wholly or partly constituted by or
arising from a dangerous situation
that has to be prevented, removed
or minimised by an action taken
pursuant to section 23.
(d) by omitting from subsection (3)(d)
"handling" and substituting
"transportation".
38
2005 Dangerous Goods Amendment No. s. 35
35. Section 41 amended (Prohibiting convicted persons
from involvement in transportation of dangerous
goods)
Section 41 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)
"handling" and substituting
"transportation";
(b) by omitting from subsection (2)(a)
"handling" and substituting
"transportation".
36. Section 42 amended (Forfeiture)
Section 42 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "and
their container" and substituting "(and, if
applicable, their container)";
(b) by omitting subsections (2) and (3) and
substituting the following subsections:
(2) The dangerous goods so forfeited
to the Crown (and, if applicable,
their container) may be
destroyed, sold or otherwise
disposed of as the Secretary,
having regard to any relevant
safety considerations, thinks fit.
(3) Any costs reasonably incurred in
effecting the destruction, sale or
other disposal are recoverable
39
s. 37 No. Dangerous Goods Amendment 2005
from the convicted person as a
debt due to the Crown.
37. Part 6: Heading inserted
The Principal Act is amended by inserting the
following heading after section 42:
PART 6 MISCELLANEOUS
38. Sections 42A and 42B inserted
After section 42 of the Principal Act, the
following sections are inserted in Part 6:
42A. Applications for review of decisions
(1) A person who is aggrieved by a decision
made by the Secretary or an authorised
officer under this Act may apply to the
Magistrates Court (Administrative
Appeals Division) for a review of that
decision.
(2) In this section
"decision" includes a direction under
section 20 or 21.
42B. False or misleading statements
A person must not, in giving any
information under this Act
(a) make a statement knowing it to
be false or misleading; or
(b) omit any matter from a statement
knowing that without that matter
40
2005 Dangerous Goods Amendment No. s. 39
the statement is false or
misleading.
Penalty: Fine not exceeding 50 penalty
units.
39. Section 43 amended (Delegation of Minister's
powers to Secretary)
Section 43 of the Principal Act is amended by
omitting "a Competent Authority" and
substituting "the Secretary".
40. Section 44 amended (Protection from liability)
Section 44 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "An"
and substituting "The Secretary or an";
(b) by inserting in subsection (1) "under this
Act" after "duties";
(c) by omitting from subsection (2) "an
authorised officer attaches instead to the
relevant Competent Authority" and
substituting "the Secretary or an
authorised officer attaches instead to the
Crown".
41. Section 46 amended (Minister to notify adoption by
regulation of codes, &c.)
Section 46 of the Principal Act is amended as
follows:
41
s. 42 No. Dangerous Goods Amendment 2005
(a) by omitting from subsection (1)
"guideline or rule" twice occurring and
substituting "guideline, rule or other
document";
(b) by omitting from subsection (2)(a)
"guideline or rule" and substituting
"guideline, rule or other document";
(c) by omitting from subsection (2)(b)
"guideline or rule" and substituting
"guideline, rule or other document";
(d) by omitting from subsection (2)
"guideline or rule" third occurring and
substituting "guideline, rule or other
document";
(e) by omitting from subsection (2)
"guideline or rule" fourth occurring and
substituting "guideline, rule or other
document".
42. Sections 46A and 46B inserted
After section 46 of the Principal Act, the
following sections are inserted in Part 6:
46A. Status of Gazette notices
A Gazette notice in relation to any matter
under this Act is not
(a) a statutory rule for the purposes
of the Rules Publication Act
1953; or
(b) an instrument of a legislative
character for the purposes of the
42
2005 Dangerous Goods Amendment No. s. 42
Subordinate Legislation Act
1992.
46B. Service of documents
A notice or other document is effectively
given to or served on a person under this
Act if
(a) in the case of a natural person, it
is
(i) handed to the person; or
(ii) left at, or sent by post to,
the person's postal or
residential address or
place of business last
known to the giver or
server of the notice or
document; or
(iii) faxed to the person's fax
number; or
(iv) emailed to the person's
email address; and
(b) in the case of any other person, it
is
(i) left at, or sent by post to,
the person's principal or
registered office or
principal place of
business; or
(ii) faxed to the person's fax
number; or
43
s. 43 No. Dangerous Goods Amendment 2005
(iii) emailed to the person's
email address.
43. Section 49 amended (Savings and transitional
regulations)
Section 49(5) of the Principal Act is amended by
omitting "a Competent Authority" and
substituting "the Secretary".
44. Section 50 repealed
Section 50 of the Principal Act is repealed.
45. Schedule 1 inserted
After section 49 of the Principal Act, the
following Schedule is inserted:
SCHEDULE 1 PROVISIONS WITH RESPECT TO
WARRANTS
Section 14(1B) and section 16(4A)
1. Interpretation
In this Schedule
"issuing magistrate", in relation to a
warrant, means the magistrate
who issues the warrant;
"occupier" includes a person in
charge of premises.
44
2005 Dangerous Goods Amendment No. s. 45
2. Application for warrant in standard
situation
(1) An application to a magistrate for a
warrant is to be in writing.
(2) The magistrate may issue the warrant if
satisfied that there are reasonable
grounds for doing so.
(3) However, the Magistrate must not issue
the warrant unless
(a) the application for the warrant
sets out the grounds for seeking
the warrant; and
(b) the applicant for the warrant has
given the magistrate, either orally
or in writing, any further
information that the magistrate
requires concerning the grounds
for seeking the warrant; and
(c) the information given by the
applicant is verified before the
magistrate on oath or by affidavit.
(4) The warrant is to be in such form as the
magistrate determines but it must at least
specify
(a) when the warrant is issued; and
(b) the premises it authorises to be
entered; and
(c) whether entry is authorised to be
made at any time or only during
certain hours; and
45
s. 45 No. Dangerous Goods Amendment 2005
(d) any conditions that the warrant is
subject to; and
(e) when the warrant ceases to have
effect.
3. Warrant may be applied for and issued by
telephone, &c., in urgent situation
(1) Despite subclause (2), an authorised
officer may apply to a magistrate for a
warrant by telephone or radio if the
authorised officer believes that the
urgency of the situation requires it.
(2) The magistrate may complete and sign
the warrant in the same way as for a
warrant applied for in person if satisfied
that
(a) there are reasonable grounds for
issuing the warrant urgently; and
(b) it is not practicable in the
circumstances for the authorised
officer to apply for the warrant in
person.
(3) The issuing magistrate is to
(a) inform the authorised officer of
(i) the terms of the warrant;
and
(ii) the date on which, and the
time at which, the warrant
was signed; and
46
2005 Dangerous Goods Amendment No. s. 45
(iii) the date on which, and the
time at which, the warrant
ceases to have effect; and
(b) record on the warrant the reasons
for issuing it.
(4) The authorised officer is to
(a) complete a form of warrant in the
same terms as the warrant signed
by the issuing magistrate; and
(b) write on the form
(i) the name of the issuing
magistrate; and
(ii) the date on which, and the
time at which, the warrant
was signed; and
(c) send the completed form of
warrant to the issuing magistrate
not later than the day after the
warrant is executed or ceases to
have effect.
(5) On receipt of the form of warrant, the
issuing magistrate is to attach it to the
warrant that the magistrate signed.
(6) The form of warrant completed by the
authorised officer has the same force as
the warrant signed by the issuing
magistrate.
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s. 45 No. Dangerous Goods Amendment 2005
4. Record of proceedings before issuing
magistrate
A magistrate who issues a warrant is to
cause a record to be made of all relevant
particulars of the grounds the magistrate
has relied on to justify the issue of the
warrant.
5. Expiry of warrant
A warrant ceases to have effect
(a) on the date specified in the
warrant as the date on which it
ceases to have effect; or
(b) if it is withdrawn before that date
by the issuing magistrate; or
(c) after it has been executed; or
(d) if the person to whom it is issued
ceases to be an authorised
officer
whichever occurs first.
6. Report to issuing magistrate following
execution of warrant
(1) An authorised officer who is issued with
a warrant must furnish a report in writing
to the issuing magistrate
(a) stating whether or not the warrant
has been executed; and
48
2005 Dangerous Goods Amendment No. s. 45
(b) if the warrant has been executed,
setting out briefly the result of the
execution, including a brief
description of anything seized;
and
(c) if the warrant has not been
executed, setting out briefly the
reasons why it has not been
executed.
(2) The report is to be furnished within 10
days after the warrant is executed or
expires, whichever occurs first.
7. Death, absence, &c., of issuing magistrate
If the magistrate who issued a warrant
has died, has ceased to be a magistrate or
is absent, a report that is required to be
furnished to that magistrate
(a) must still be made; but
(b) may be furnished to any other
magistrate.
8. Duty to show warrant
An authorised officer who is executing a
warrant must produce it for inspection by
an occupier of the premises if requested
to do so by that occupier.
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s. 45 No. Dangerous Goods Amendment 2005
9. Assistance and use of force in executing
warrant
(1) An authorised officer may execute a
warrant using such assistance as the
authorised officer considers necessary.
(2) Except as may be provided by the terms
of the warrant, an authorised officer may
execute a warrant using such force as
may reasonably be required in the
circumstances.
10. Defects in warrant
A warrant is not invalidated by any
defect that does not affect its substance in
a material particular.
50 Government Printer, Tasmania