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TASMANIA
__________
DANGEROUS GOODS AND SUBSTANCES
LEGISLATION (MISCELLANEOUS
AMENDMENTS) BILL 2008
__________
CONTENTS
PART 1 PRELIMINARY
1. Short title
2. Commencement
PART 2 DANGEROUS GOODS (SAFE TRANSPORT) ACT 1998
AMENDED
3. Principal Act
4. Section 19 substituted
19. Self-incrimination no excuse
PART 3 DANGEROUS GOODS AMENDMENT ACT 2005 AMENDED
5. Principal Act
6. Section 6 amended (Section 3 amended (Interpretation))
PART 4 DANGEROUS SUBSTANCES (SAFE HANDLING) ACT 2005
AMENDED
7. Principal Act
8. Section 3 amended (Interpretation)
9. Section 5 amended (Meaning of "dangerous substance")
10. Section 6 amended (Meaning of "dangerous goods")
11. Section 8 substituted
[Bill 31]-II
8. Meaning of "hazardous substance"
8A. Meaning of "agvet chemical"
12. Section 9 amended (What constitutes the handling of dangerous
substances?)
13. Section 10 amended (Scope of Act)
14. Section 12 amended (Inconsistencies, &c., with other Acts)
15. Section 13 amended (Safety obligations)
16. Section 20 amended (Obligations of occupiers regarding risk
reduction)
17. Section 22 amended (Obligations of employees)
18. Section 24 amended (Obligations of designers, manufacturers,
importers, suppliers and installers of handling systems)
19. Section 25 amended (Obligations of suppliers and installers
regarding known hazards, &c.)
20. Section 35 amended (Obligation of occupiers to notify Secretary
of certain upgrades of facilities)
21. Section 36 amended (Obligation of occupiers to notify Secretary
of modifications of major hazard facilities)
22. Section 44 amended (Obligation of occupiers to give safety
reports to Secretary)
23. Section 45 amended (Obligation of occupiers to report, &c.,
dangerous substances emergencies)
24. Section 47 amended (Meaning of "dangerous substances
location" and "large dangerous substances location")
25. Section 52 amended (Obligation of occupiers to report, &c.,
dangerous substances emergencies)
26. Section 55 amended (Appointment of authorised officers)
27. Section 65 substituted
65. Self-incrimination no excuse
28. Section 68 amended (Directions to carry out risk assessments)
29. Section 69 amended (Directions to reduce risks)
30. Section 74 amended (Directions to stop and secure handling
systems)
31. Section 75 amended (Directions to suspend operations for
unacceptable levels of risk)
2
32. Section 76 amended (Directions to isolate sites)
33. Section 76A inserted
76A. Directions to address specific manufacturing, import
or supply risks
34. Section 77A inserted
77A. Directions to importers or exporters to have
explosive analysed, &c.
35. Section 78A inserted
78A. Orders to secure compliance with directions
36. Section 79 amended (Obligation of occupiers to make directions
available for inspection by employees)
37. Section 85 amended (Evidentiary matters)
38. Section 90A inserted
90A. Infringement notices
39. Section 91 amended (Applications for review of decisions)
40. Section 98 amended (Regulations)
41. Sections 99A and 99B inserted
99A. ASCC change of name, &c.
99B. Status of notes
PART 5 SECURITY-SENSITIVE DANGEROUS SUBSTANCES ACT
2005 AMENDED
42. Principal Act
43. Section 62 substituted
62. Self-incrimination no excuse
PART 6 DANGEROUS GOODS AND SUBSTANCES
(TRANSITIONAL AND CONSEQUENTIAL
PROVISIONS) ACT 2005 AMENDED
44. Principal Act
45. Schedule 1 amended (Consequential Amendments)
3
4
DANGEROUS GOODS AND SUBSTANCES
LEGISLATION (MISCELLANEOUS
AMENDMENTS) BILL 2008
(Brought in by the Minister for Planning and Workplace
Relations, the Honourable David John Bartlett)
A BILL FOR
An Act to amend the Dangerous Goods (Safe Transport) Act
1998, the Dangerous Goods Amendment Act 2005, the
Dangerous Substances (Safe Handling) Act 2005, the
Security-sensitive Dangerous Substances Act 2005 and the
Dangerous Goods and Substances (Transitional and
Consequential Provisions) Act 2005
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:
PART 1 PRELIMINARY
1. Short title
This Act may be cited as the Dangerous Goods
and Substances Legislation (Miscellaneous
Amendments) Act 2008.
2. Commencement
(1) Except as provided in this section, this Act
commences on the day on which this Act
receives the Royal Assent.
[Bill 31] 5
Dangerous Goods and Substances Legislation (Miscellaneous
Amendments) Act 2008
Act No. of
s. 2 Part 1 Preliminary
(2) Parts 2 and 5 commence immediately after the
Dangerous Substances (Safe Handling) Act 2005
commences.
6
Dangerous Goods and Substances Legislation (Miscellaneous
Amendments) Act 2008
Act No. of
Part 2 Dangerous Goods (Safe Transport) Act 1998 Amended s. 3
PART 2 DANGEROUS GOODS (SAFE TRANSPORT)
ACT 1998 AMENDED
3. Principal Act
In this Part, the Dangerous Goods (Safe
Transport) Act 1998* is referred to as the
Principal Act.
4. Section 19 substituted
Section 19 of the Principal Act is repealed and
the following section is substituted:
19. Self-incrimination no excuse
(1) A person is not excused from answering
any question asked, or providing any
information required, by an authorised
officer under this Act on the ground that
the answer or information may tend to
incriminate that person.
(2) However, in proceedings for an offence
against this Act, any answer or
information given or provided to an
authorised officer pursuant to a
requirement of an authorised officer
under this Act is not admissible in
evidence against the person giving the
answer or providing the information
*No. 6 of 1998
7
Dangerous Goods and Substances Legislation (Miscellaneous
Amendments) Act 2008
Act No. of
s. 4 Part 2 Dangerous Goods (Safe Transport) Act 1998 Amended
(a) if the person claims before giving
the answer or providing the
information that the answer or
information may tend to
incriminate the person; or
(b) unless the person's entitlement to
make a claim of the kind referred
to in paragraph (a) was drawn to
the person's attention before the
answer was given or the
information was provided.
8
Dangerous Goods and Substances Legislation (Miscellaneous
Amendments) Act 2008
Act No. of
Part 3 Dangerous Goods Amendment Act 2005 Amended s. 5
PART 3 DANGEROUS GOODS AMENDMENT ACT
2005 AMENDED
5. Principal Act
In this Part, the Dangerous Goods Amendment
Act 2005* is referred to as the Principal Act.
6. Section 6 amended (Section 3 amended
(Interpretation))
Section 6(f) of the Principal Act is amended by
omitting paragraph (a) of the definition of
"involvement in the transportation of dangerous
goods".
*No. 51 of 2005
9
Dangerous Goods and Substances Legislation (Miscellaneous
Amendments) Act 2008
Act No. of
s. 7 Part 4 Dangerous Substances (Safe Handling) Act 2005 Amended
PART 4 DANGEROUS SUBSTANCES (SAFE
HANDLING) ACT 2005 AMENDED
7. Principal Act
In this Part, the Dangerous Substances (Safe
Handling) Act 2005* is referred to as the
Principal Act.
8. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended as
follows:
(a) by inserting the following definition after
the definition of "acceptable level of
risk":
"agvet chemical" has the meaning
given by section 8A;
(b) by inserting the following definition after
the definition of "approved form":
"ASCC" means the Australian Safety
and Compensation Council, being
the tripartite (government,
employer and employee) body of
that name established under the
executive power of the
*No. 50 of 2005
10
Dangerous Goods and Substances Legislation (Miscellaneous
Amendments) Act 2008
Act No. of
Part 4 Dangerous Substances (Safe Handling) Act 2005 Amended s. 8
Commonwealth (as the successor
to the NOHSC) to
(a) lead and co-ordinate
national efforts to
improve occupational
health and safety and
workers compensation
arrangements; and
(b) declare national standards
and codes of practice on
occupational health and
safety matters; and
(c) provide government with
policy advice on those
matters;
(c) by omitting the definition of "chemical";
(d) by omitting paragraph (a) from the
definition of "emergency services" and
substituting the following paragraph:
(a) the State Emergency Service
within the meaning of the
Emergency Management Act
2006; and
(e) by inserting the following definition after
the definition of "emergency services":
"employee" includes a person
engaged, either directly or
11
Dangerous Goods and Substances Legislation (Miscellaneous
Amendments) Act 2008
Act No. of
s. 9 Part 4 Dangerous Substances (Safe Handling) Act 2005 Amended
indirectly, under a contract for
services;
(f) by inserting the following definition after
the definition of "hazard":
"hazardous substance" has the
meaning given by section 8;
(g) by inserting "and abolished under the
National Occupational Health and Safety
Commission (Repeal, Consequential and
Transitional Provisions) Act 2005" after
"Commonwealth" in the definition of
"NOHSC";
(h) by inserting the following definition after
the definition of "occupier":
"pipe" includes pipeline;
(i) by inserting the following definition after
the definition of "Standards Australia":
"State" includes Territory;
9. Section 5 amended (Meaning of "dangerous
substance")
Section 5(2) of the Principal Act is amended by
omitting "and chemicals" and substituting ",
hazardous substances and agvet chemicals".
12
Dangerous Goods and Substances Legislation (Miscellaneous
Amendments) Act 2008
Act No. of
Part 4 Dangerous Substances (Safe Handling) Act 2005 Amended s. 10
10. Section 6 amended (Meaning of "dangerous goods")
Section 6 of the Principal Act is amended by
omitting paragraphs (e) and (f) and substituting
the following paragraph:
(e) are prescribed to be dangerous goods.
11. Section 8 substituted
Section 8 of the Principal Act is repealed and the
following sections are substituted:
8. Meaning of "hazardous substance"
A hazardous substance is a substance that
is, or is capable of being, classified
according to the Approved Criteria for
Classifying Hazardous Substances
published by the ASCC.
Note: The Approved Criteria for Classifying Hazardous Substances
is available on the ASCC website.
8A. Meaning of "agvet chemical"
An agvet chemical is
(a) an agricultural chemical product
within the meaning of the Agvet
Code of Tasmania; or
(b) a veterinary chemical product
within the meaning of the Agvet
Code of Tasmania.
13
Dangerous Goods and Substances Legislation (Miscellaneous
Amendments) Act 2008
Act No. of
s. 12 Part 4 Dangerous Substances (Safe Handling) Act 2005 Amended
Note: The Agvet Code of Tasmania is the code set out in the
Schedule to the Agricultural and Veterinary Chemicals Code
Act 1994 of the Commonwealth. By virtue of section 5 of
the Agricultural and Veterinary Chemicals (Tasmania) Act
1994 this code applies as a law of Tasmania.
12. Section 9 amended (What constitutes the handling
of dangerous substances?)
Section 9 of the Principal Act is amended as
follows:
(a) by omitting paragraphs (k) and (l) from
subsection (1) and substituting the
following paragraphs:
(k) design, manufacture or import a
handling system for the
dangerous substance;
(l) install, use, alter or maintain a
handling system for the
dangerous substance;
(m) organise, provide or undergo
training in relation to the
dangerous substance or any
aspect of its handling;
(n) carry out a prescribed activity in
relation to the dangerous
substance.
(b) by omitting subsection (2) and
substituting the following subsection:
14
Dangerous Goods and Substances Legislation (Miscellaneous
Amendments) Act 2008
Act No. of
Part 4 Dangerous Substances (Safe Handling) Act 2005 Amended s. 13
(2) However, a person who is
transporting a dangerous
substance is not taken to be
handling it for the purposes of
this Act unless and except in so
far as the transportation involves
moving the dangerous substance
from one place to another by
means of pipes.
13. Section 10 amended (Scope of Act)
Section 10 of the Principal Act is amended as
follows:
(a) by omitting subsection (2) and
substituting the following subsection:
(2) However, this Act does not apply
to
(a) class 6.2 or class 7
dangerous goods within
the meaning of the
Australian Dangerous
Goods Code; or
(b) dangerous substances that
are in a container that is
designed to form part of,
and does form part of, the
fuel or battery system of a
vehicle's engine, auxiliary
engine, fuel-burning
15
Dangerous Goods and Substances Legislation (Miscellaneous
Amendments) Act 2008
Act No. of
s. 13 Part 4 Dangerous Substances (Safe Handling) Act 2005 Amended
appliance or other part of
a vehicle's propulsion
system.
(b) by omitting subsection (4) and
substituting the following subsections:
(4) Also, except as provided by
section 9(2), this Act does not
apply to
(a) the transportation of
dangerous substances; or
(b) dangerous substances that
are in transit.
(5) For the purposes of
subsection (4)(b), dangerous
substances are taken to be in
transit if they
(a) are on premises to which
they have been supplied
in unopened containers;
and
(b) have been at the premises
for less than 5 consecutive
days (calculated from the
time at which they were
supplied to the premises);
and
16
Dangerous Goods and Substances Legislation (Miscellaneous
Amendments) Act 2008
Act No. of
Part 4 Dangerous Substances (Safe Handling) Act 2005 Amended s. 14
(c) have not, during that
period, been opened or
used at the premises.
14. Section 12 amended (Inconsistencies, &c., with
other Acts)
Section 12(1) of the Principal Act is amended by
omitting paragraphs (e) and (f) and substituting
the following paragraphs:
(e) Poisons Act 1971;
(f) Radiation Protection Act 2005;
(g) Security-sensitive Dangerous Substances
Act 2005.
15. Section 13 amended (Safety obligations)
Section 13 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) ",
through their involvement with the
handling of dangerous substances or with
handling systems at any place, may affect
the safety of any person or harm any
property or the environment" and
substituting "handle dangerous
substances";
17
Dangerous Goods and Substances Legislation (Miscellaneous
Amendments) Act 2008
Act No. of
s. 16 Part 4 Dangerous Substances (Safe Handling) Act 2005 Amended
(b) by omitting from subsection (2)(b) "or
other person";
(c) by omitting from subsection (2)(e)
"DSL." and substituting "DSL;";
(d) by inserting the following paragraph after
paragraph (e) in subsection (2):
(f) a person that alters or maintains a
handling system at an MHF or
DSL.
16. Section 20 amended (Obligations of occupiers
regarding risk reduction)
Section 20 of the Principal Act is amended as
follows:
(a) by omitting from paragraph (a)(ii) "an
incident" and substituting "a dangerous
situation";
(b) by omitting from paragraph (f)(ii) "out."
and substituting "out;";
(c) by inserting the following paragraphs
after paragraph (f):
(g) to maintain, for the MHF or DSL,
a dangerous substances inventory
of
18
Dangerous Goods and Substances Legislation (Miscellaneous
Amendments) Act 2008
Act No. of
Part 4 Dangerous Substances (Safe Handling) Act 2005 Amended s. 16
(i) which dangerous
substances are at the MHF
or DSL; and
(ii) the form of those
dangerous substances; and
(iii) the whereabouts and, if
applicable, method of
storage or containment of
those dangerous
substances; and
(iv) the maximum
containment capacity of
the MHF or DSL for
those dangerous
substances; and
(v) any prescribed
information;
(h) to ensure that employees at the
MHF or DSL can readily consult
the inventory in connection with
their duties;
(i) to make the inventory available to
authorised officers and
emergency services workers on
request.
19
Dangerous Goods and Substances Legislation (Miscellaneous
Amendments) Act 2008
Act No. of
s. 17 Part 4 Dangerous Substances (Safe Handling) Act 2005 Amended
17. Section 22 amended (Obligations of employees)
Section 22 of the Principal Act is amended as
follows:
(a) by omitting "or other person" first
occurring;
(b) by omitting from paragraph (a) "or other
person".
18. Section 24 amended (Obligations of designers,
manufacturers, importers, suppliers and installers
of handling systems)
Section 24 of the Principal Act is amended by
inserting after subsection (5) the following
subsection:
(6) A person that alters or maintains a
handling system at an MHF or DSL has
an obligation to alter or maintain the
system in such a way that the risk to
persons, property or the environment
from its proper use is at an acceptable
level.
19. Section 25 amended (Obligations of suppliers and
installers regarding known hazards, &c.)
Section 25(1)(a)(i) of the Principal Act is
amended by inserting ", altered or maintained"
after "installed".
20
Dangerous Goods and Substances Legislation (Miscellaneous
Amendments) Act 2008
Act No. of
Part 4 Dangerous Substances (Safe Handling) Act 2005 Amended s. 20
20. Section 35 amended (Obligation of occupiers to
notify Secretary of certain upgrades of facilities)
Section 35(2) of the Principal Act is amended by
inserting "as required by subsection (3)" after
"about the facility".
21. Section 36 amended (Obligation of occupiers to
notify Secretary of modifications of major hazard
facilities)
Section 36 of the Principal Act is amended by
inserting "as prescribed" after "Secretary".
22. Section 44 amended (Obligation of occupiers to give
safety reports to Secretary)
Section 44(1) of the Principal Act is amended by
omitting "that contains sufficient detail to enable
the Secretary to decide whether " and
substituting "demonstrating that ".
23. Section 45 amended (Obligation of occupiers to
report, &c., dangerous substances emergencies)
Section 45(1)(a) of the Principal Act is amended
by omitting "to persons, property or the
environment".
21
Dangerous Goods and Substances Legislation (Miscellaneous
Amendments) Act 2008
Act No. of
s. 24 Part 4 Dangerous Substances (Safe Handling) Act 2005 Amended
24. Section 47 amended (Meaning of "dangerous
substances location" and "large dangerous
substances location")
Section 47 of the Principal Act is amended as
follows:
(a) by omitting subsection (1) and
substituting the following subsection:
(1) A place is a dangerous substances
location ("DSL") if dangerous
goods or combustible liquids are,
or are likely to be, handled at the
place in a greater than prescribed
quantity.
(b) by omitting subsection (3) and
substituting the following subsections:
(3) A DSL is a large dangerous
substances location ("LDSL") if
dangerous goods or combustible
liquids are, or are likely to be,
handled at the location in a
greater than prescribed quantity.
(4) To avoid doubt, if and when a
DSL becomes an LDSL
(a) it does not cease thereby
to be a DSL; and
(b) no provision of this Act
applying to a DSL ceases
thereby to apply to it; and
22
Dangerous Goods and Substances Legislation (Miscellaneous
Amendments) Act 2008
Act No. of
Part 4 Dangerous Substances (Safe Handling) Act 2005 Amended s. 25
(c) the provisions of this Act
that apply to it as an
LDSL are additional to
those that apply to it as a
DSL.
25. Section 52 amended (Obligation of occupiers to
report, &c., dangerous substances emergencies)
Section 52(1)(a) of the Principal Act is amended
by omitting "to persons, property or the
environment".
26. Section 55 amended (Appointment of authorised
officers)
Section 55(4)(a) of the Principal Act is amended
by omitting "State Service" and substituting
"police".
27. Section 65 substituted
Section 65 of the Principal Act is repealed and
the following section is substituted:
65. Self-incrimination no excuse
(1) A person is not excused from answering
any question asked, or providing any
information required, by an authorised
officer under this Act on the ground that
23
Dangerous Goods and Substances Legislation (Miscellaneous
Amendments) Act 2008
Act No. of
s. 28 Part 4 Dangerous Substances (Safe Handling) Act 2005 Amended
the answer or information may tend to
incriminate the person.
(2) However, in proceedings for an offence
against this Act, any answer or
information given or provided to an
authorised officer pursuant to a
requirement of an authorised officer
under this Act is not admissible in
evidence against the person giving the
answer or providing the information
(a) if the person claims before giving
the answer or providing the
information that the answer or
information may tend to
incriminate the person; or
(b) unless the person's entitlement to
make a claim of the kind referred
to in paragraph (a) was drawn to
the person's attention before the
answer was given or the
information was provided.
28. Section 68 amended (Directions to carry out risk
assessments)
Section 68 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "or
DSL" and substituting ", DSL or other
facility";
24
Dangerous Goods and Substances Legislation (Miscellaneous
Amendments) Act 2008
Act No. of
Part 4 Dangerous Substances (Safe Handling) Act 2005 Amended s. 29
(b) by omitting from subsection (2) "or
DSL" and substituting ", DSL or other
facility".
29. Section 69 amended (Directions to reduce risks)
Section 69 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "or
DSL" and substituting ", DSL or other
facility";
(b) by omitting from subsection (2) "or
DSL" and substituting ", DSL or other
facility".
30. Section 74 amended (Directions to stop and secure
handling systems)
Section 74(1) of the Principal Act is amended by
omitting "place" and substituting "facility".
31. Section 75 amended (Directions to suspend
operations for unacceptable levels of risk)
Section 75 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "or
DSL" and substituting ", DSL or other
facility";
25
Dangerous Goods and Substances Legislation (Miscellaneous
Amendments) Act 2008
Act No. of
s. 32 Part 4 Dangerous Substances (Safe Handling) Act 2005 Amended
(b) by omitting from subsection (2) "or
DSL" and substituting ", DSL or other
facility";
(c) by omitting from subsection (2) "or
DSL." and substituting ", DSL or
facility.".
32. Section 76 amended (Directions to isolate sites)
Section 76 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "or
DSL." and substituting ", DSL or other
facility";
(b) by omitting from subsection (2) "or
DSL" and substituting ", DSL or other
facility".
33. Section 76A inserted
After section 76 of the Principal Act, the
following section is inserted in Division 3:
76A. Directions to address specific
manufacturing, import or supply risks
(1) This section applies if an authorised
officer reasonably believes a risk relating
to the manufacture, import or supply of a
26
Dangerous Goods and Substances Legislation (Miscellaneous
Amendments) Act 2008
Act No. of
Part 4 Dangerous Substances (Safe Handling) Act 2005 Amended s. 34
dangerous substance or handling system
is not at an acceptable level.
(2) The authorised officer may direct the
manufacturer, importer or supplier to
take specified corrective or preventative
action to reduce the risk to an acceptable
level.
(3) Without limiting the generality of
subsection (2), the manufacturer,
importer or supplier may be directed to
undertake a general, limited or individual
recall of the relevant dangerous
substance or handling system.
(4) If subsection (3) applies, the Crown is
not liable to pay for or contribute to the
costs of the recall.
34. Section 77A inserted
After section 77 of the Principal Act, the
following section is inserted in Division 3:
77A. Directions to importers or exporters to have
explosive analysed, &c.
(1) An authorised officer may direct a person
who is or has been engaged in importing
or exporting an explosive to do either or
both of the following:
(a) have the explosive analysed or
tested by a specified person in
27
Dangerous Goods and Substances Legislation (Miscellaneous
Amendments) Act 2008
Act No. of
s. 35 Part 4 Dangerous Substances (Safe Handling) Act 2005 Amended
accordance with specified
directions;
(b) allow the explosive to be
inspected by an authorised officer
at a specified time and place or at
a time and place negotiated
between the person and an
authorised officer.
(2) The Crown is not liable to pay for or
contribute to the costs of an analysis or
test under this section.
(3) It is a defence in proceedings for an
offence under section 78 relating to a
direction under this section involving the
export of an explosive if the defendant
establishes that, at the relevant time, all
of the explosive had been lawfully
exported and none of it was available in
Tasmania for testing or analysis or
inspection.
35. Section 78A inserted
After section 78 of the Principal Act, the
following section is inserted in Division 3:
78A. Orders to secure compliance with directions
(1) This section applies if it appears to an
authorised officer that
28
Dangerous Goods and Substances Legislation (Miscellaneous
Amendments) Act 2008
Act No. of
Part 4 Dangerous Substances (Safe Handling) Act 2005 Amended s. 35
(a) a person has contravened
section 78; and
(b) the contravention has caused or
contributed to a dangerous
situation at any premises or a
dangerous substances emergency
at any facility.
(2) The authorised officer may apply to the
Supreme Court for an order that the
person comply with the relevant direction
under this Division.
(3) If, consequent on the application, the
Supreme Court is satisfied that the
relevant contravention has occurred and
that it has caused or contributed to a
dangerous situation or dangerous
substances emergency at the relevant
facility, the court may make any order it
considers appropriate in the
circumstances.
(4) Nothing in this section is to be taken as
preventing other proceedings or other
actions from being taken in respect of the
contravention.
29
Dangerous Goods and Substances Legislation (Miscellaneous
Amendments) Act 2008
Act No. of
s. 36 Part 4 Dangerous Substances (Safe Handling) Act 2005 Amended
36. Section 79 amended (Obligation of occupiers to
make directions available for inspection by
employees)
Section 79(1) of the Principal Act is amended by
omitting "MHF or DSL" and substituting "MHF,
DSL or other facility".
37. Section 85 amended (Evidentiary matters)
Section 85 of the Principal Act is amended as
follows:
(a) by inserting in subsection (1)(g) "the
ASCC, the" after "by";
(b) by inserting in subsection (4) "the
ASCC, the" after "authority of".
38. Section 90A inserted
After section 90 of the Principal Act, the
following section is inserted in Part 7:
90A. Infringement notices
(1) An authorised officer may issue and
serve a person with an infringement
notice if the authorised officer considers
that the person has committed a
prescribed offence.
(2) An infringement notice is
30
Dangerous Goods and Substances Legislation (Miscellaneous
Amendments) Act 2008
Act No. of
Part 4 Dangerous Substances (Safe Handling) Act 2005 Amended s. 39
(a) to be in accordance with section
14 of the Monetary Penalties
Enforcement Act 2005; and
(b) not to relate to more than 3
prescribed offences; and
(c) not to be served on a person who
has not attained the age of 18
years.
(3) For the purposes of section 14(a)(ii) of
the Monetary Penalties Enforcement Act
2005, the prescribed penalty for a
prescribed offence is not to exceed 25
penalty units.
(4) Any payments in respect of an
infringement notice are payable into the
Consolidated Fund.
(5) In this section
"prescribed" means prescribed by the
regulations.
39. Section 91 amended (Applications for review of
decisions)
Section 91(1) of the Principal Act is amended by
inserting ", or a prescribed decision under this
Act," after "Act".
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40. Section 98 amended (Regulations)
Section 98 of the Principal Act is amended as
follows:
(a) by omitting from subsection (2)(a)
"dangerous goods or combustible
liquids" and substituting "dangerous
substances";
(b) by inserting in subsection (2)(b) ",
dangerous substances locations or other
facilities" after "facilities";
(c) by omitting from subsection (2)(e)
"flammable or combustible liquids" and
substituting "dangerous substances";
(d) by inserting the following paragraphs
after paragraph (h) in subsection (2):
(ha) provide for the collection,
keeping and disclosure of
information by any person in
respect of any matter; and
(hb) provide for exemptions in respect
of any matter; and
(hc) provide, in respect of any matter,
for the recognition of any kind of
qualification, standing or
authority under a law of the
Commonwealth or another State
relating to the handling of
dangerous substances; and
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Part 4 Dangerous Substances (Safe Handling) Act 2005 Amended s. 41
(e) by inserting the following subsection
after subsection (6):
(7) Regulations of the kind referred
to in subsection (2)(ha) may, in
so far as they relate to the
handling of explosives, authorise
the disclosure of personal
information to any law
enforcement or regulatory agency
of the Commonwealth or of
another State.
41. Sections 99A and 99B inserted
After section 99 of the Principal Act, the
following sections are inserted in Part 8:
99A. ASCC change of name, &c.
(1) If the ASCC undergoes a change of name
or ceases to exist, the Governor, by
order, may amend this Act by omitting
any references to that body (including
those in this subsection) and, as the case
requires, substituting
(a) the ASCC's new name; or
(b) the name of a body that the
Governor is satisfied has
functions equivalent or
substantially similar to those of
the ASCC.
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s. 41 Part 4 Dangerous Substances (Safe Handling) Act 2005 Amended
(2) An order under subsection (1) is not an
instrument of a legislative character for
the purposes of the Subordinate
Legislation Act 1992.
99B. Status of notes
A note in the text of this Act is for
explanatory purposes only and does not
form part of the Act.
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Dangerous Goods and Substances Legislation (Miscellaneous
Amendments) Act 2008
Act No. of
Part 5 Security-sensitive Dangerous Substances Act 2005 Amended s. 42
PART 5 SECURITY-SENSITIVE DANGEROUS
SUBSTANCES ACT 2005 AMENDED
42. Principal Act
In this Part, the Security-sensitive Dangerous
Substances Act 2005* is referred to as the
Principal Act.
43. Section 62 substituted
Section 62 of the Principal Act is repealed and
the following section is substituted:
62. Self-incrimination no excuse
(1) A person is not excused from answering
a question asked, or providing any
information required, by an authorised
officer under this Act on the ground that
the answer or information may tend to
incriminate the person.
(2) However, in proceedings for an offence
against this Act, any answer or
information given or provided to an
authorised officer pursuant to a
requirement of an authorised officer
under this Act is not admissible in
evidence against the person giving the
answer or providing the information
*No. 31 of 2005
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s. 43 Part 5 Security-sensitive Dangerous Substances Act 2005 Amended
(a) if the person claims before giving
the answer or providing the
information that the answer or
information may tend to
incriminate the person; or
(b) unless the person's entitlement to
make a claim of the kind referred
to in paragraph (a) was drawn to
the person's attention before the
answer was given or the
information was provided.
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Dangerous Goods and Substances Legislation (Miscellaneous
Amendments) Act 2008
Act No. of
Part 6 Dangerous Goods and Substances (Transitional and Consequential s. 44
Provisions) Act 2005 Amended
PART 6 DANGEROUS GOODS AND SUBSTANCES
(TRANSITIONAL AND CONSEQUENTIAL
PROVISIONS) ACT 2005 AMENDED
44. Principal Act
In this Part, the Dangerous Goods and
Substances (Transitional and Consequential
Provisions) Act 2005* is referred to as the
Principal Act.
45. Schedule 1 amended (Consequential Amendments)
Schedule 1 to the Principal Act is amended as
follows:
(a) by omitting the item relating to the
Admission to Courts Regulations 1995;
(b) by omitting the item relating to the
Workplace Health and Safety
Regulations 1998.
*No. 52 of 2005
Government Printer, Tasmania 37