Victorian Bills Victorian Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Dangerous Goods and Equipment (Public Safety)
Acts (Amendment) Act 2005
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY MATTERS 1
1. Purpose 1
2. Commencement 2
PART 2--AMENDMENTS TO THE DANGEROUS GOODS
ACT 1985 3
3. Additional definitions 3
4. Substitution of section 5 3
5. Act binds the Crown 3
5. Repeal of spent provisions 3
6. Review of decisions by Tribunal 4
7. Insertion of section 10B 4
10B. Delegations 4
8. Substitution of Part II heading 6
PART II--INSPECTORS AND ENFORCEMENT 6
9. Substitution of sections 11 to 17 6
Division 1--Appointment of Inspectors 6
11. Appointment of inspectors 6
11A. Limitations on powers of particular inspectors 8
11B. Identity cards 8
Division 2--Performance of Functions or Exercise of
Powers 8
12. Inspectors subject to Authority's directions 8
12A. Authority has the powers etc. of an inspector 9
Division 3--Powers Relating to Entry and to Inspection of
Vehicles 9
Subdivision 1--General Powers 9
13. Power to enter places 9
13A. Power to inspect vehicles 10
i
551321B.I2-20/5/2005 BILL LA CIRCULATION 20/5/2005
Clause Page
13B. Powers incidental to entry etc. 11
13C. Power to require production of documents etc. 12
13D. Power to take samples 13
Subdivision 2--Incident Inquiries 14
13E. Inquiries concerning fires and explosions and events
involving dangerous goods 14
Division 4--Procedure Relating to Entry 15
14. Announcement on entry 15
14A. Report to be given about entry 16
Division 5--Search Warrants 17
15. Issue of search warrants 17
15A. Announcement before entry on warrant 18
15B. Copy of warrant to be given to the occupier of the
place to be searched 19
Division 6--Limitation on Entry Powers 19
16. Places used for residential purposes 19
Division 7--Return and Forfeiture of Seized Things 20
16A. Return of seized things 20
16B. Forfeiture of seized things 21
10. Insertion of Division heading 22
Division 8--Powers to issue Directions and Notices 22
11. Minor consequential amendments 22
12. Substitution of sections 17B20 22
17B. Power to issue non-disturbance notice 22
17C. Power to issue improvement notice 24
17D. Power to issue prohibition notice 26
17E. Directions or conditions in notices 28
17F. Variation or cancellation of notices 29
17G. Service of directions and notices 29
17H. Formal irregularities or defects in notices 30
17I. Proceedings for offences not affected by notices 31
17J. Injunctions for non-compliance with notices 31
17K. Inspector may issue direction concerning damaged
or spilled dangerous goods 32
Division 9--Other Powers 34
18. Power to require name and address 34
18A. Power to give directions 35
18B. Powers extend to HCDG and explosives 36
ii
551321B.I2-20/5/2005 BILL LA CIRCULATION 20/5/2005
Clause Page
Division 10--Other Matters 36
19. People who must assist inspector 36
19A. Other assistance in exercising powers 37
19B. Inspector may take affidavits 38
19C. Inspector may copy documents 38
Division 11--Offences 38
19D. Offences in relation to inspections 38
19E. Offence to impersonate inspector 39
Division 12--Protections Concerning Self-Incrimination
and Legal Professional Privilege 39
19F. Protection against self-incrimination 39
19G. Legal professional privilege not affected 40
PART IIA--REVIEW OF DECISIONS 40
20. Which decisions are reviewable 40
20A. Internal review 43
20B. Review by the Tribunal 45
13. Insertion of sections 33A and 33B 46
33A. Power of Authority where premises or magazine
especially dangerous 46
33B. Approval of equipment etc. for sale 47
14. Substitution of section 40 47
40. Proceedings may be brought by the Authority,
inspectors and the police 47
40A. Procedure if prosecution is not brought 48
40B. Limitation period for prosecutions 49
15. Consequential amendments and repeals 50
16. Insertion of section 44A 50
44A. Offence to give false or misleading information 50
17. Consequential amendments concerning penalties 51
18. Insertion of section 50A 51
50A. Judicial notice of Minister's signature etc. 51
19. Minor consequential amendments 51
20. Insertion of sections 51A51C 52
51A. Responsible agency for the Crown 52
51B. Infringement and other notices may be issued to the
Crown 53
51C. Proceedings against successors to public bodies 53
21. Change to Part heading 54
22. Insertion of sections 60A60C 54
60A. Authority may accept undertakings 54
60B. Enforcement of undertakings 55
60C. Power to give advice on compliance 55
iii
551321B.I2-20/5/2005 BILL LA CIRCULATION 20/5/2005
Clause Page
23. Insertion of Part IX 56
PART IX--SAVINGS AND TRANSITIONAL
PROVISIONS--DANGEROUS GOODS AND
EQUIPMENT (PUBLIC SAFETY) ACTS (AMENDMENT)
ACT 2005 56
62. Definition 56
63. Interpretation of Legislation Act 1984 not affected 56
64. Amendments not to affect the appointment of
inspectors 56
65. Continuation of directions and notices 57
66. Application of provisions concerning prosecutions 58
67. Saving of instruments of delegation 58
PART 3--AMENDMENTS TO THE EQUIPMENT (PUBLIC
SAFETY) ACT 1994 59
24. Additional definitions 59
25. Substitution of section 4 60
4. Act binds the Crown 60
26. Insertion of section 9A 60
9A. Duty of site managers 60
27. Substitution of Parts 3 and 4 61
PART 3--INSPECTORS AND ENFORCEMENT 61
Division 1--Appointment of Inspectors 61
12. Appointment of inspectors 61
12A. Identity cards 61
Division 2--Performance of Functions or Exercise of
Powers 62
13. Inspectors subject to Authority's directions 62
Division 3--Powers Relating to Entry 62
14. Power to enter 62
14A. General powers on entry 63
14B. Power to require production of documents etc. 64
14C. Power to take samples 65
Division 4--Procedure Relating to Entry 66
15. Announcement on entry 66
15A. Report to be given about entry 66
iv
551321B.I2-20/5/2005 BILL LA CIRCULATION 20/5/2005
Clause Page
Division 5--Search Warrants 67
16. Issue of search warrants 67
16A. Announcement before entry on warrant 69
16B. Copy of warrant to be given to person in control of
place to be searched 69
Division 6--Limitation on Entry Powers 70
17. Places used for residential purposes 70
Division 7--Return and Forfeiture of Seized Things 70
18. Return of seized things 70
18A. Forfeiture of seized things 71
Division 8--Powers to Issue Notices 72
19. Power to issue non-disturbance notice 72
19A. Power to issue improvement notice 74
19B. Power to issue prohibition notice 76
19C. Directions or conditions in notices 78
19D. Variation or cancellation of notices 78
19E. Service of notices 79
19F. Formal irregularities or defects in notices 80
19G. Proceedings for offences not affected by notices 81
19H. Injunctions for non-compliance with notices 81
Division 9--Other Powers 81
20. Power to require name and address 81
20A. Power to give directions 82
Division 10--Other Matters 83
21. People who must assist inspector 83
21A. Other assistance in exercising powers 84
21B. Inspector may take affidavits 85
21C. Inspector may copy documents 85
Division 11--Offences 85
22. Offences in relation to inspections 85
22A. Offence to impersonate inspector 86
Division 12--Protections Concerning Self-Incrimination
and Legal Professional Privilege 86
23. Protection against self-incrimination 86
23A. Legal professional privilege not affected 87
v
551321B.I2-20/5/2005 BILL LA CIRCULATION 20/5/2005
Clause Page
PART 4--REVIEW OF DECISIONS 87
24. Which decisions are reviewable 87
24A. Internal review 90
24B. Review by the Tribunal 92
28. Consequential amendments 93
29. Substitution of section 28 93
28. Proceedings may be brought by the Authority or
inspectors 93
28A. Procedure if prosecution is not brought 94
28B. Limitation period for prosecutions 96
30. Substitution of section 29 96
29. Judicial notice of Minister's signature etc. 96
31. Insertion of sections 31A31C 97
31A. Responsible agency for the Crown 97
31B. Infringement and other notices may be issued to the
Crown 98
31C. Proceedings against successors to public bodies 98
32. Insertion of sections 34A34C 99
34A. Authority may accept undertakings 99
34B. Enforcement of undertakings 99
34C. Power to give advice on compliance 100
33. Insertion of section 35A 101
35A. Offence to give false or misleading information 101
34. Substitution of Part 7 102
PART 7--SAVINGS AND TRANSITIONAL
PROVISIONS--DANGEROUS GOODS AND
EQUIPMENT (PUBLIC SAFETY) ACTS (AMENDMENT)
ACT 2005 102
38. Definition 102
39. Interpretation of Legislation Act 1984 not affected 102
40. Amendments not to affect the appointment of
inspectors 102
41. Continuation of improvement notices, prohibition
notices and certain directions 103
42. Application of provisions concerning prosecutions 103
43. Continuation of the Equipment (Public Safety)
(General) Regulations 1995 104
PART 4--AMENDMENTS TO OTHER ACTS 105
35. Consequential amendment to the Accident Compensation
Act 1985 105
36. Consequential amendment to the Magistrates' Court
Act 1989 105
vi
551321B.I2-20/5/2005 BILL LA CIRCULATION 20/5/2005
Clause Page
37. Repeal of provision concerning road transport of HCDG 106
38. Repeal of outdated amendments 106
ENDNOTES 107
vii
551321B.I2-20/5/2005 BILL LA CIRCULATION 20/5/2005
PARLIAMENT OF VICTORIA
Initiated in Assembly 17 May 2005
A BILL
to amend the Dangerous Goods Act 1985 and the Equipment
(Public Safety) Act 1994 and for other purposes.
Dangerous Goods and Equipment
(Public Safety) Acts (Amendment) Act
2005
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY MATTERS
1. Purpose
The purpose of this Act is to amend the
Dangerous Goods Act 1985 and the Equipment
(Public Safety) Act 1994 to align the provisions
5
of those Acts dealing with inspectors' powers and
related matters with the equivalent provisions of
1
551321B.I2-20/5/2005 BILL LA CIRCULATION 20/5/2005
Dangerous Goods and Equipment (Public Safety) Acts
(Amendment) Act 2005
Act No.
Part 1--Preliminary Matters
s. 2
the Occupational Health and Safety Act 2004 to
the maximum extent that is practicable.
2. Commencement
This Act comes into operation on 1 July 2005.
__________________
2
551321B.I2-20/5/2005 BILL LA CIRCULATION 20/5/2005
Dangerous Goods and Equipment (Public Safety) Acts
(Amendment) Act 2005
Act No.
Part 2--Amendments to the Dangerous Goods Act 1985
s. 3
PART 2--AMENDMENTS TO THE DANGEROUS GOODS
ACT 1985
3. Additional definitions
Insert the following definitions in section 3(1) of
the Dangerous Goods Act 1985--
5
' "eligible person", in relation to a reviewable
decision, has the meaning given by
section 20;
"place" includes a vehicle, ship or boat;
"reviewable decision" has the meaning given by
10
section 20;'.
4. Substitution of section 5
For section 5 of the Dangerous Goods Act 1985
substitute--
"5. Act binds the Crown
15
(1) This Act binds the Crown--
(a) in right of the State of Victoria; and
(b) to the extent that the legislative power
of the Parliament permits, in all its
other capacities.
20
(2) To avoid doubt, the Crown is a body
corporate for the purposes of this Act.".
5. Repeal of spent provisions
Section 6 of, and Schedule 1 to, the Dangerous
Goods Act 1985 are repealed.
25
3
551321B.I2-20/5/2005 BILL LA CIRCULATION 20/5/2005
Dangerous Goods and Equipment (Public Safety) Acts
(Amendment) Act 2005
Act No.
Part 2--Amendments to the Dangerous Goods Act 1985
s. 6
6. Review of decisions by Tribunal
After section 10A(2) of the Dangerous Goods
Act 1985 insert--
'(2A) Sub-section (1) does not apply to any
reviewable decision.
5
Note: A "reviewable decision" has the meaning given
by section 20--see section 3(1). Reviewable
decisions are excluded from sub-section (1)
because they are dealt with by Part IIA.
10 Essentially, a wider range of people may apply
for the review of a reviewable decision and
there is a process of internal review available
in respect of those decisions.'.
7. Insertion of section 10B
After section 10A of the Dangerous Goods Act
15
1985 insert--
'10B. Delegations
(1) The Authority may, by instrument in writing,
delegate to an inspector all or any of its
powers or functions under this Act (except
20
this power of delegation).
(2) The Authority may, by instrument in writing,
delegate to an authorised person all or any of
its powers or functions under this Act
(except this power of delegation)--
25
(a) to the extent that they relate to the
manufacture, supply, sale, transfer,
transport, storage, handling, use or
disposal of dangerous goods; and
(b) only with respect to activities that are
30
carried out under the Mineral
Resources Development Act 1990, the
Extractive Industries Development
Act 1995, the Petroleum Act 1998, the
Mines (Aluminium Agreement) Act
35
1961 and the Extractive Industries
4
551321B.I2-20/5/2005 BILL LA CIRCULATION 20/5/2005
Dangerous Goods and Equipment (Public Safety) Acts
(Amendment) Act 2005
Act No.
Part 2--Amendments to the Dangerous Goods Act 1985
s. 7
(Lysterfield) Act 1986 and that relate
to a mine, quarry or petroleum site.
(3) In sub-section (2), "authorised person"
means--
(a) a person--
5
(i) who is employed in the
Department of Primary Industries
under the Public Administration
Act 2004; and
(ii) who, in the opinion of the
10
Authority, has sufficient
knowledge and experience to
competently exercise or perform
the relevant power or function; or
(b) the Chief Inspector of Quarries under
15
section 3(1) of the Extractive
Industries Development Act 1995.
(4) Despite sub-section (2), the only person to
whom the Authority may delegate its power
to appoint inspectors in relation to the
20
matters to which paragraphs (a) and (b) of
that sub-section apply is the Secretary to the
Department of Primary Industries.
(5) The Authority may, by instrument in writing,
delegate all or any of the powers or functions
25
of an inspector--
(a) to any officer of the Roads Corporation;
or
(b) to any member of the police force or
officer or member of a fire authority
30
(not being a volunteer fire brigade
under the Metropolitan Fire Brigades
Act 1958 or a volunteer brigade under
the Country Fire Authority Act
1958); or
35
5
551321B.I2-20/5/2005 BILL LA CIRCULATION 20/5/2005
Dangerous Goods and Equipment (Public Safety) Acts
(Amendment) Act 2005
Act No.
Part 2--Amendments to the Dangerous Goods Act 1985
s. 8
(c) to any office holder, officer or
employee of a municipal council--
if it is satisfied that that person is capable of
exercising the powers or performing the
functions to be delegated.
5
(6) An instrument of delegation made under this
section must specify when, where and in
what circumstances the delegation may be
exercised.
10 Note: Section 42A(1)(b) of the Interpretation of
Legislation Act 1984 provides that a person
delegating a power or function may specify
conditions or limitations on the exercise of the power
or function by the delegate.'.
8. Substitution of Part II heading
15
For the heading to Part II of the Dangerous
Goods Act 1985 substitute--
"PART II--INSPECTORS AND
ENFORCEMENT".
9. Substitution of sections 11 to 17
20
For sections 11 to 17 of the Dangerous Goods
Act 1985 substitute--
'Division 1--Appointment of Inspectors
11. Appointment of inspectors
(1) The Authority may, by instrument in writing,
25
appoint an officer or employee of the
Authority to be an inspector for the purposes
of this Act.
(2) The Authority may also, by instrument in
writing, appoint any person who is employed
30
in the Department of Primary Industries
under the Public Administration Act 2004
to be an inspector for the purposes of one or
6
551321B.I2-20/5/2005 BILL LA CIRCULATION 20/5/2005
Dangerous Goods and Equipment (Public Safety) Acts
(Amendment) Act 2005
Act No.
Part 2--Amendments to the Dangerous Goods Act 1985
s. 9
more matters relating to the manufacture,
supply, sale, transfer, transport, storage,
handling, use or disposal of dangerous goods
with respect to activities--
(a) that are carried out under the Mineral
5
Resources Development Act 1990, the
Extractive Industries Development
Act 1995, the Petroleum Act 1998, the
Mines (Aluminium Agreement) Act
1961 and the Extractive Industries
10
(Lysterfield) Act 1986; and
(b) that relate to a mine, quarry or
petroleum site.
(3) The Authority must give each person who is
appointed as an inspector a certificate of
15
appointment signed by--
(a) the chief executive of the Authority
(appointed under section 22 of the
Accident Compensation Act 1985); or
(b) in the case of an appointment made by
20
the Secretary to the Department of
Primary Industries as a delegate, by that
Secretary.
(4) The appointment of a person as an inspector
for the purposes of this Act and either or
25
both of the following Acts may be made by a
single instrument--
(a) the Occupational Health and Safety
Act 2004;
(b) the Equipment (Public Safety)
30
Act 1994.
(5) A certificate of appointment given to a
person in accordance with sub-section (3) is
conclusive proof of the valid appointment of
the person as an inspector under this section.
35
7
551321B.I2-20/5/2005 BILL LA CIRCULATION 20/5/2005
Dangerous Goods and Equipment (Public Safety) Acts
(Amendment) Act 2005
Act No.
Part 2--Amendments to the Dangerous Goods Act 1985
s. 9
11A. Limitations on powers of particular
inspectors
The appointment of a person as an inspector
may be made subject to conditions,
limitations or restrictions as to--
5
(a) the powers exercisable by that person;
and
(b) when, where and in what circumstances
that person may exercise those powers.
11B. Identity cards
10
(1) The Authority must issue an identity card to
each inspector containing a photograph of
the inspector and his or her signature.
(2) An inspector must produce his or her identity
card for inspection if asked to do so when
15
performing a function or exercising a power
under this Act.
(3) If a person to whom an identity card has
been issued ceases to be an inspector, the
person must return the identity card to the
20
Authority as soon as is practicable.
Division 2--Performance of Functions or
Exercise of Powers
12. Inspectors subject to Authority's
directions
25
(1) An inspector is subject to the Authority's
directions in the performance of his or her
functions or in the exercise of his or her
powers under this Act.
(2) A direction under sub-section (1) may be of
30
a general nature or may relate to a specified
matter or to a specified class of matter.
8
551321B.I2-20/5/2005 BILL LA CIRCULATION 20/5/2005
Dangerous Goods and Equipment (Public Safety) Acts
(Amendment) Act 2005
Act No.
Part 2--Amendments to the Dangerous Goods Act 1985
s. 9
12A. Authority has the powers etc. of an
inspector
The Authority has all the functions and
powers that an inspector has under this Act.
Division 3--Powers Relating to Entry and to
5
Inspection of Vehicles
Subdivision 1--General Powers
13. Power to enter places
(1) At any reasonable time (whether it is day or
night), an inspector may enter a place at or in
10
which the inspector reasonably believes there
is or are--
(a) dangerous goods; or
(b) any container, equipment, fittings,
piping, appliance or other thing that is
15
being, has been, or is likely to be,
used--
(i) for, or in connection with, the
manufacture, supply, transfer,
storage, transport, sale or use of
20
dangerous goods; or
(ii) for the import into Victoria of
explosives.
Note 1: "Place" is defined in section 3 as including a vehicle,
25 ship or boat.
Note 2: The powers conferred by this section are limited in
respect of a part of a place that is used only for
residential purposes (see section 16).
(2) Without limiting sub-section (1), it is a
reasonable time to enter a place if the
30
inspector reasonably believes that there is an
immediate risk to the health or safety of a
person at the place as a result of the presence
9
551321B.I2-20/5/2005 BILL LA CIRCULATION 20/5/2005
Dangerous Goods and Equipment (Public Safety) Acts
(Amendment) Act 2005
Act No.
Part 2--Amendments to the Dangerous Goods Act 1985
s. 9
of dangerous goods, or of any thing
described in sub-section (1)(b), that the
inspector reasonably believes to be at or in
the place.
13A. Power to inspect vehicles
5
(1) An inspector may stop, detain, inspect,
examine or move to some suitable place for
inspection and examination any vehicle, ship
or boat used, or that the inspector believes on
reasonable grounds is being, or is likely to
10
be, used for the transport of dangerous
goods.
(2) For the purposes of this section--
(a) the inspector may require the owner of,
or the person having the control or
15
management of, the vehicle, ship or
boat to move the vehicle, ship or boat
to the suitable place; or
(b) the Authority may engage a suitably
qualified person to move the vehicle,
20
ship or boat to the suitable place, and
may recover the cost of doing so from
the owner of the vehicle, ship or boat.
(3) A requirement under sub-section (2)(a) may
be made--
25
(a) orally; or
(b) by notice in writing served on the
owner of, or the person having the
control or management of, the vehicle,
ship or boat that specifies by when the
30
vehicle, ship or boat must be taken to
the suitable place.
10
551321B.I2-20/5/2005 BILL LA CIRCULATION 20/5/2005
Dangerous Goods and Equipment (Public Safety) Acts
(Amendment) Act 2005
Act No.
Part 2--Amendments to the Dangerous Goods Act 1985
s. 9
(4) A person must not, without reasonable
excuse, refuse or fail to comply with a
requirement under sub-section (2)(a).
Penalty: 60 penalty units for a natural
person;
5
300 penalty units for a body
corporate.
Note: The powers conferred by this section are limited in
respect of a part of a place that is used only for
10 residential purposes (see section 16).
13B. Powers incidental to entry etc.
(1) An inspector exercising a power under this
Subdivision in relation to a place may do any
of the following--
(a) inspect, examine and make enquiries at
15
the place;
(b) inspect and examine any thing
(including a document) at the place;
(c) bring any equipment or materials to the
place that may be required;
20
(d) seize any thing (including a document)
at the place that may afford evidence of
the commission of an offence against
this Act;
(e) seize any thing at the place for further
25
examination or testing but only if the
inspector reasonably believes that the
examination or testing is reasonably
necessary and cannot be reasonably
conducted on site;
30
(f) take photographs or measurements or
make sketches or recordings;
(g) exercise any other power conferred on
the inspector by this Act;
11
551321B.I2-20/5/2005 BILL LA CIRCULATION 20/5/2005
Dangerous Goods and Equipment (Public Safety) Acts
(Amendment) Act 2005
Act No.
Part 2--Amendments to the Dangerous Goods Act 1985
s. 9
(h) do any other thing that is reasonably
necessary for the purpose of the
inspector performing his or her
functions or exercising his or her
powers under this Act.
5
(2) The inspector may use any vehicle, ship or
boat in which seized dangerous goods are
present for the removal and detention of
those goods, and the Authority must pay to
the owner of the vehicle, ship or boat
10
reasonable compensation for that use (unless
the owner is found guilty of an offence under
this Act in relation to those goods).
13C. Power to require production of documents
etc.
15
(1) An inspector who enters a place under this
Subdivision may--
(a) require a person to produce a document
or part of a document located at the
place that is in the person's possession
20
or control; and
(b) examine that document or part; and
(c) require a person at the place to answer
any questions put by the inspector.
(2) A person must not, without reasonable
25
excuse, refuse or fail to comply with a
requirement under sub-section (1).
Penalty: 60 penalty units for a natural
person;
300 penalty units for a body
30
corporate.
(3) Before requiring a person to produce a
document or part of a document or to answer
questions under sub-section (1), an
inspector--
35
12
551321B.I2-20/5/2005 BILL LA CIRCULATION 20/5/2005
Dangerous Goods and Equipment (Public Safety) Acts
(Amendment) Act 2005
Act No.
Part 2--Amendments to the Dangerous Goods Act 1985
s. 9
(a) must produce his or her identity card
for inspection by the person and warn
the person that a refusal or failure to
comply with the requirement, without
reasonable excuse, is an offence; and
5
(b) must inform the person that he or she
may refuse or fail to answer any
question if answering the question
would tend to incriminate him or her.
(4) A person is not liable to be prosecuted for an
10
offence against sub-section (2) if the
inspector concerned failed to comply with
sub-section (3).
Note 1: The powers conferred by this section are limited in
15 respect of a part of a place that is used only for
residential purposes (see section 16).
Note 2: This section does not affect legal professional
privilege (see section 19G) or, in the case of a
requirement to answer questions, the privilege
20 against self-incrimination (see section 19F).
13D. Power to take samples
(1) An inspector who enters a place under this
Subdivision may (without payment)--
(a) take samples of any thing at the place
that may be required for analysis;
25
(b) require the occupier or master or person
in charge or apparently in charge of the
place to give the inspector samples of
any thing at the place that may be
required for analysis;
30
(c) require a person at the place who is in
possession of any thing at the place to
give the inspector samples of the thing
to enable the thing to be analysed.
13
551321B.I2-20/5/2005 BILL LA CIRCULATION 20/5/2005
Dangerous Goods and Equipment (Public Safety) Acts
(Amendment) Act 2005
Act No.
Part 2--Amendments to the Dangerous Goods Act 1985
s. 9
(2) A person must not, without reasonable
excuse, refuse or fail to comply with a
requirement under sub-section (1)(b)
or (1)(c).
Penalty: 60 penalty units for a natural
5
person;
300 penalty units for a body
corporate.
(3) If an inspector intends to take a sample, he or
she must notify the person who has the
10
management or control of the place for the
time being of that intention.
(4) Unless it is unsafe to do so, after taking or
receiving a sample the inspector must--
(a) divide it into as many parts as are
15
necessary, mark, and seal or fasten up,
each part in a way that the nature of the
sample allows; and
(b) if the person who must be notified
under sub-section (3) requires the
20
inspector to give him or her a part, give
one part to that person; and
(c) keep one part for future comparison.
(5) If it is determined that the sample is to be
analysed, the inspector must submit another
25
part to an analyst for that purpose.
Subdivision 2--Incident Inquiries
13E. Inquiries concerning fires and explosions
and events involving dangerous goods
If any of the following events occurs--
30
(a) any fire or explosion resulting in loss of
life, personal injury or damage to
property; or
14
551321B.I2-20/5/2005 BILL LA CIRCULATION 20/5/2005
Dangerous Goods and Equipment (Public Safety) Acts
(Amendment) Act 2005
Act No.
Part 2--Amendments to the Dangerous Goods Act 1985
s. 9
(b) any leakage of dangerous goods; or
(c) any damage to any property or danger
to the public involving dangerous
goods--
an inspector may make any inquiry
5
concerning the event that he or she considers
necessary for the purposes of this Act, and
for that purpose he or she may enter any
place.
10 Note: The powers conferred by this section are limited in
respect of a part of a place that is used only for
residential purposes (see section 16).
Division 4--Procedure Relating to Entry
14. Announcement on entry
(1) Immediately on entering a place under
15
Division 3, an inspector must take all
reasonable steps to notify the occupier or
apparent occupier of the place of the entry,
and to produce his or her identity card for
inspection by that person.
20
(2) However, an inspector is not required to
comply with sub-section (1) if--
(a) to do so would defeat the purpose for
which the place was entered, or would
cause unreasonable delay; or
25
(b) the person is already aware that the
inspector has entered the place, or was
notified in advance of when the
inspector would enter.
15
551321B.I2-20/5/2005 BILL LA CIRCULATION 20/5/2005
Dangerous Goods and Equipment (Public Safety) Acts
(Amendment) Act 2005
Act No.
Part 2--Amendments to the Dangerous Goods Act 1985
s. 9
14A. Report to be given about entry
(1) An inspector who enters a place under
Division 3 must give a report concerning the
entry when, or as soon as is practicable after,
he or she leaves the place to the occupier or
5
apparent occupier of the place.
(2) The report must be in writing and must
include--
(a) the time of the entry and departure; and
(b) the purpose of the entry; and
10
(c) a description of the things done while at
the place; and
(d) a summary of the inspector's
observations while at the place; and
(e) the procedure for contacting the
15
Authority and the inspector for further
details of the entry; and
(f) the procedure for seeking a review of
any decision made by the inspector
during the entry.
20
(3) If the inspector takes photographs or makes
sketches or other recordings under section
13B(1)(f), the report must also include a
statement--
(a) that the photographs have been taken,
25
or that the sketches or recordings have
been made; and
(b) that they are, or will be, available for
inspection at a specified place.
16
551321B.I2-20/5/2005 BILL LA CIRCULATION 20/5/2005
Dangerous Goods and Equipment (Public Safety) Acts
(Amendment) Act 2005
Act No.
Part 2--Amendments to the Dangerous Goods Act 1985
s. 9
Division 5--Search Warrants
15. Issue of search warrants
(1) An inspector may apply to a magistrate for
the issue of a search warrant in relation to a
particular place if the inspector believes on
5
reasonable grounds that there is, or may be
within the next 72 hours, a particular thing
(including a document) at the place that may
afford evidence of the commission of an
offence against this Act.
10
(2) A magistrate may issue the search warrant if
he or she is satisfied by evidence on oath,
whether oral or by affidavit, that there are
reasonable grounds for suspecting that there
is, or may be within 72 hours, a particular
15
thing (including a document) at the place that
may afford evidence of the commission of an
offence against this Act.
(3) The search warrant may authorise a named
inspector and any assistants the inspector
20
considers necessary--
(a) to enter the place or part of the place
named or described in the warrant; and
(b) to search for the thing named or
described in the warrant.
25
(4) In addition to any other requirement, the
search warrant must state--
(a) the offence suspected; and
(b) the place to be searched; and
(c) a description of the thing for which the
30
search is to be made; and
(d) any conditions to which the warrant is
subject; and
17
551321B.I2-20/5/2005 BILL LA CIRCULATION 20/5/2005
Dangerous Goods and Equipment (Public Safety) Acts
(Amendment) Act 2005
Act No.
Part 2--Amendments to the Dangerous Goods Act 1985
s. 9
(e) whether entry is authorised to be made
at any time, or during specified hours;
and
(f) that the warrant authorises entry on
only one occasion; and
5
(g) a day, not later than 7 days after the day
the warrant is issued, on which it ceases
to have effect.
(5) A search warrant must be issued in
accordance with the Magistrates' Court
10
Act 1989 and in the form prescribed under
that Act.
(6) The rules that apply to search warrants
mentioned in the Magistrates' Court Act
1989 extend and apply to search warrants
15
under this section.
15A. Announcement before entry on warrant
(1) Before executing a search warrant, the
inspector named in the warrant or an
assistant to the inspector must--
20
(a) announce that he or she is authorised by
the warrant to enter the place; and
(b) give any person at the place an
opportunity to allow that entry.
(2) However, the inspector or an assistant to
25
the inspector need not comply with sub-
section (1) if he or she believes, on
reasonable grounds, that immediate entry to
the place is needed to ensure--
(a) the safety of any person; or
30
(b) that the effective execution of the
warrant is not frustrated.
18
551321B.I2-20/5/2005 BILL LA CIRCULATION 20/5/2005
Dangerous Goods and Equipment (Public Safety) Acts
(Amendment) Act 2005
Act No.
Part 2--Amendments to the Dangerous Goods Act 1985
s. 9
15B. Copy of warrant to be given to the
occupier of the place to be searched
If an occupier or apparent occupier is present
at a place when a search warrant is being
executed, the inspector must--
5
(a) identify himself or herself to that
person by producing his or her identity
card for inspection; and
(b) give that person a copy of the execution
copy of the warrant.
10
Division 6--Limitation on Entry Powers
16. Places used for residential purposes
(1) Despite anything else in this Part, the powers
of an inspector under this Part in relation to
entering a place are not exercisable in respect
15
of any part of a place that is used only for
residential purposes except--
(a) with the consent of the occupier for the
time being of the place; or
(b) under the authority conferred by a
20
search warrant.
(2) For the purposes of sub-section (1), any
common property in a subdivision of land is
not a place used only for residential
purposes.
25
Examples:
Examples of common property include a storeroom
associated with a swimming pool at an apartment
building (at which, for instance, chlorine might be
30 stored); a cleaner's cupboard under the stairs of a
block of flats; and a room containing heating or
cooling equipment for an apartment building.
19
551321B.I2-20/5/2005 BILL LA CIRCULATION 20/5/2005
Dangerous Goods and Equipment (Public Safety) Acts
(Amendment) Act 2005
Act No.
Part 2--Amendments to the Dangerous Goods Act 1985
s. 9
Division 7--Return and Forfeiture of Seized
Things
16A. Return of seized things
(1) As soon as possible after an inspector seizes
any thing (including a document) under this
5
Part, the Authority must return the thing to
the owner unless--
(a) the Authority considers it necessary to
retain the thing because it may afford
evidence in proceedings, that have been
10
or that may be commenced, for an
offence against this Act; or
(b) the thing is forfeited to the Authority
under this Act; or
(c) the Authority is otherwise authorised
15
(by a law or court order) to retain,
destroy or dispose of the thing.
(2) The thing may be returned either
unconditionally or on any terms and
conditions that the Authority considers
20
appropriate to eliminate or reduce any risks
to the safety of any person or of damage to
property arising from, or in relation to, the
thing.
(3) If the Authority imposes terms or conditions
25
on the return of a thing, the owner must
comply with each of those terms and
conditions.
Penalty: 60 penalty units for a natural
person;
30
300 penalty units for a body
corporate.
20
551321B.I2-20/5/2005 BILL LA CIRCULATION 20/5/2005
Dangerous Goods and Equipment (Public Safety) Acts
(Amendment) Act 2005
Act No.
Part 2--Amendments to the Dangerous Goods Act 1985
s. 9
16B. Forfeiture of seized things
(1) Any thing (including a document), other than
high consequence dangerous goods or
explosives or containers used for or in
connection with high consequence dangerous
5
goods or explosives, that an inspector has
seized and retained under this Part is
forfeited to the Authority if the Authority--
(a) cannot find its owner despite making
reasonable enquiries; or
10
(b) cannot return it to the owner despite
making reasonable efforts; or
(c) considers it necessary to retain the thing
to prevent the commission of an
offence against this Act.
15
Note: The forfeiture of high consequence dangerous
goods or explosives or containers used for or
in connection with high consequence
dangerous goods or explosives is dealt with in
20 sections 47A to 47D.
(2) If a thing is forfeited to the Authority under
sub-section (1)(c), the Authority must notify
(in writing) the owner accordingly, setting
out how the owner may seek a review of the
decision to forfeit the thing, unless the
25
Authority cannot find the owner despite
making reasonable enquiries.'.
21
551321B.I2-20/5/2005 BILL LA CIRCULATION 20/5/2005
Dangerous Goods and Equipment (Public Safety) Acts
(Amendment) Act 2005
Act No.
Part 2--Amendments to the Dangerous Goods Act 1985
s. 10
10. Insertion of Division heading
Before section 17A of the Dangerous Goods Act
1985 insert--
"Division 8--Powers to issue Directions and
Notices".
5
11. Minor consequential amendments
In section 17A of the Dangerous Goods
Act 1985--
(a) in sub-section (1), for "section 14(3)"
substitute "section 10B(5)";
10
(b) in sub-section (7), for "a direction issued
under section 17B" substitute "an
improvement notice issued under
section 17C".
12. Substitution of sections 17B20
15
For sections 17B, 17C, 18, 19 and 20 of the
Dangerous Goods Act 1985 substitute--
'17B. Power to issue non-disturbance notice
(1) An inspector who has entered a place under
this Part may issue a non-disturbance notice
20
to the occupier or apparent occupier of the
place requiring that person--
(a) to stop the use or movement of, or
interference with, any specified thing at
the place; and
25
(b) to prevent the disturbance of the thing
or a specified area of the place where
the thing is located--
if the inspector reasonably believes that it is
necessary to do so to facilitate the
30
performance of his or her functions or the
exercise of his or her powers under this Act
22
551321B.I2-20/5/2005 BILL LA CIRCULATION 20/5/2005
Dangerous Goods and Equipment (Public Safety) Acts
(Amendment) Act 2005
Act No.
Part 2--Amendments to the Dangerous Goods Act 1985
s. 12
in relation to the place or any thing at the
place.
(2) A non-disturbance notice must specify the
period (of no more than 7 days) for which it
applies and set out--
5
(a) the obligations of the person to whom it
is issued; and
(b) the penalty for contravening the notice;
and
(c) how the person may seek a review of
10
the issue of the notice; and
(d) a statement of the effect of section 17I
(proceedings for offences not affected
by notices).
(3) If an inspector considers it necessary to do
15
so, he or she may issue one or more
subsequent non-disturbance notices to an
occupier or apparent occupier, whether
before or after the expiry of the previous
notice, each of which must comply with sub-
20
section (2).
(4) A person who, without reasonable excuse,
fails to comply with a non-disturbance notice
issued to the person is guilty of an indictable
offence and is liable to a fine not
25
exceeding--
(a) in the case of a natural person,
500 penalty units; or
(b) in the case of a body corporate,
2500 penalty units.
30
Note: However, the offence may be heard and
determined summarily (see section 53 of, and
Schedule 4 to, the Magistrates' Court Act
1989).
23
551321B.I2-20/5/2005 BILL LA CIRCULATION 20/5/2005
Dangerous Goods and Equipment (Public Safety) Acts
(Amendment) Act 2005
Act No.
Part 2--Amendments to the Dangerous Goods Act 1985
s. 12
17C. Power to issue improvement notice
(1) If an inspector reasonably believes that a
person--
(a) is contravening a provision of this Act;
or
5
(b) has contravened such a provision in
circumstances that make it likely that
the contravention will continue or be
repeated--
the inspector may issue to the person an
10
improvement notice requiring the person to
remedy the contravention or likely
contravention, or the matters or activities
causing the contravention or likely
contravention.
15
(2) An improvement notice must--
(a) state the basis for the inspector's belief
on which the issue of the notice is
based; and
(b) specify the provision of this Act that
20
the inspector considers has been, or is
likely to be, contravened; and
(c) specify a date (with or without a time)
by which the person is required to
remedy the contravention or likely
25
contravention, or the matters or
activities causing the contravention or
likely contravention, that the inspector
considers is reasonable having regard to
the severity of any relevant risks and
30
the nature of the contravention or likely
contravention; and
(d) set out the penalty for contravening the
notice; and
24
551321B.I2-20/5/2005 BILL LA CIRCULATION 20/5/2005
Dangerous Goods and Equipment (Public Safety) Acts
(Amendment) Act 2005
Act No.
Part 2--Amendments to the Dangerous Goods Act 1985
s. 12
(e) state how the person may seek a review
of the issue of the notice; and
(f) include a statement of the effect of
section 17I (proceedings for offences
not affected by notices).
5
(3) An improvement notice may include
directions concerning the measures to be
taken to remedy the contravention or likely
contravention, or the matters or activities
causing the contravention or likely
10
contravention, to which the notice relates and
may, in particular, include--
(a) a direction that if the person has not
remedied the contravention, likely
contravention, matters or activities (as
15
the case may be) by the date and time
(if any) specified in the notice, an
activity to which the notice relates is to
cease until an inspector has certified in
writing that the contravention, likely
20
contravention, matters or activities have
been remedied; and
(b) interim directions, or interim conditions
on the carrying on of any activities to
which the notice relates, that the
25
inspector considers necessary to
minimise risks to the safety of any
person or of damage to any property.
(4) A person to whom an improvement notice is
issued must comply with the notice.
30
Penalty: 500 penalty units for a natural
person;
2500 penalty units for a body
corporate.
25
551321B.I2-20/5/2005 BILL LA CIRCULATION 20/5/2005
Dangerous Goods and Equipment (Public Safety) Acts
(Amendment) Act 2005
Act No.
Part 2--Amendments to the Dangerous Goods Act 1985
s. 12
(5) An offence against sub-section (4) is an
indictable offence.
Note: However, the offence may be heard and determined
summarily (see section 53 of, and Schedule 4 to, the
5 Magistrates' Court Act 1989).
(6) If an application for a review of a decision
under this section has been made under
Part IIA, an inspector must not give a
certificate under sub-section (3)(a) in relation
to the improvement notice concerned until
10
after the review ends.
17D. Power to issue prohibition notice
(1) If an inspector reasonably believes that--
(a) an activity involving the manufacture,
supply, transfer, storage, transport, sale
15
or use of dangerous goods, or the
import into Victoria of explosives, is
occurring at a place that involves or
will involve an immediate risk to the
safety of any person or of damage to
20
any property; or
(b) such an activity may occur at a place
that, if it occurs, will involve an
immediate risk to the safety of any
person or of damage to any property--
25
the inspector may issue to a person who has,
or appears to have, control over the activity a
prohibition notice prohibiting the carrying on
of the activity, or the carrying on of the
activity in a specified way, until an inspector
30
has certified in writing that the matters that
give, or that will give, rise to the risk have
been remedied.
26
551321B.I2-20/5/2005 BILL LA CIRCULATION 20/5/2005
Dangerous Goods and Equipment (Public Safety) Acts
(Amendment) Act 2005
Act No.
Part 2--Amendments to the Dangerous Goods Act 1985
s. 12
(2) A prohibition notice must--
(a) state the basis for the inspector's belief
on which the issue of the notice is
based; and
(b) specify the activity which the inspector
5
believes involves or will involve the
risk and the matters which give, or will
give, rise to the risk; and
(c) if the inspector believes that the activity
involves a contravention, or likely
10
contravention, of a provision of this
Act, specify that provision and state the
basis for that belief; and
(d) set out the penalty for contravening the
notice; and
15
(e) state how the person may seek a review
of the issue of the notice; and
(f) include a statement of the effect of
section 17I (proceedings for offences
not affected by notices).
20
(3) A prohibition notice may include directions
on the measures to be taken to remedy the
risk, activities or matters to which the notice
relates, or the contravention, or likely
contravention, mentioned in sub-
25
section (2)(c).
(4) A prohibition notice that prohibits the
carrying on of an activity in a specified way
may do so by specifying one or more of the
following--
30
(a) a place, or part of a place, at which the
activity is not to be carried out;
27
551321B.I2-20/5/2005 BILL LA CIRCULATION 20/5/2005
Dangerous Goods and Equipment (Public Safety) Acts
(Amendment) Act 2005
Act No.
Part 2--Amendments to the Dangerous Goods Act 1985
s. 12
(b) any thing that is not to be used in
connection with the activity;
(c) any procedure that is not to be followed
in connection with the activity.
(5) A person to whom a prohibition notice is
5
issued must comply with the notice.
Penalty: 500 penalty units for a natural
person;
2500 penalty units for a body
corporate.
10
(6) An offence against sub-section (5) is an
indictable offence.
Note: However, the offence may be heard and determined
summarily (see section 53 of, and Schedule 4 to, the
15 Magistrates' Court Act 1989).
(7) If an application for a review of a decision
under this section has been made under
Part IIA, an inspector must not give a
certificate under sub-section (1) in relation to
the prohibition notice concerned until after
20
the review ends.
17E. Directions or conditions in notices
A direction or condition included in an
improvement notice or prohibition notice
may--
25
(a) refer to a code of practice; and
(b) offer the person to whom it is issued a
choice of ways in which to remedy the
contravention, likely contravention,
matters or activities concerned.
30
28
551321B.I2-20/5/2005 BILL LA CIRCULATION 20/5/2005
Dangerous Goods and Equipment (Public Safety) Acts
(Amendment) Act 2005
Act No.
Part 2--Amendments to the Dangerous Goods Act 1985
s. 12
17F. Variation or cancellation of notices
A non-disturbance notice, improvement
notice or prohibition notice issued by an
inspector may only be varied or cancelled by
the Authority.
5
Note: The Authority may vary or cancel such a
notice in the same way that an inspector may
make the notice (see section 41A of the
Interpretation of Legislation Act 1984).
17G. Service of directions and notices
10
(1) A provisional direction, non-disturbance
notice, improvement notice or prohibition
notice may be given or issued to a person--
(a) by delivering it personally to the
person, or by sending it by post or
15
facsimile to the person's usual or last
known place of residence or business;
or
(b) by leaving it for the person at the
person's usual or last known place of
20
residence or business with a person
who is apparently over 16 years and
who apparently resides or works there;
or
(c) by leaving it for the person at the place
25
to which the direction or notice relates
with a person who is apparently over
16 years and who apparently is the
occupier for the time being of the place.
29
551321B.I2-20/5/2005 BILL LA CIRCULATION 20/5/2005
Dangerous Goods and Equipment (Public Safety) Acts
(Amendment) Act 2005
Act No.
Part 2--Amendments to the Dangerous Goods Act 1985
s. 12
(2) If the person with whom a provisional
direction, non-disturbance notice,
improvement notice or prohibition notice is
left is not the occupier of the place to which
the direction or notice relates, he or she must
5
give a copy of the direction or notice to the
occupier of the place as soon as possible.
Penalty: 5 penalty units for a natural
person;
25 penalty units for a body
10
corporate.
(3) The occupier of a place to which a
provisional direction, non-disturbance notice,
improvement notice or prohibition notice
relates must, as soon as possible after
15
receiving the direction or notice--
(a) bring the notice to the attention of each
person who is affected by the notice
(unless the person is aware of the
notice); and
20
(b) prominently display a copy of the
notice at or near the place, or part of the
place, that is affected by the notice.
Penalty: 5 penalty units for a natural
person;
25
25 penalty units for a body
corporate.
17H. Formal irregularities or defects in notices
A provisional direction, non-disturbance
notice, improvement notice or prohibition
30
notice is not invalid merely because of--
(a) a formal defect or irregularity in the
direction or notice, unless the defect or
irregularity causes or is likely to cause
substantial injustice; or
35
30
551321B.I2-20/5/2005 BILL LA CIRCULATION 20/5/2005
Dangerous Goods and Equipment (Public Safety) Acts
(Amendment) Act 2005
Act No.
Part 2--Amendments to the Dangerous Goods Act 1985
s. 12
(b) a failure to use the correct name of the
person to whom the direction is given,
or the notice is issued, if the direction
or notice sufficiently identifies the
person and is issued to the person in
5
accordance with section 17G.
17I. Proceedings for offences not affected by
notices
The issue, variation or cancellation of a
provisional direction, non-disturbance notice,
10
improvement notice or prohibition notice
does not affect any proceedings for an
offence against this Act in connection with
any matter in respect of which the direction
was given or the notice was issued.
15
17J. Injunctions for non-compliance with
notices
(1) The Authority may apply to the Supreme
Court for an injunction--
(a) to compel a person to comply with a
20
provisional direction, non-disturbance
notice, improvement notice or
prohibition notice; or
(b) to restrain a person from contravening
such a direction or notice.
25
(2) The Authority may do so whether or not
proceedings have been instituted for an
offence against this Act in connection with
any matter in respect of which the direction
was given or the notice was issued.
30
31
551321B.I2-20/5/2005 BILL LA CIRCULATION 20/5/2005
Dangerous Goods and Equipment (Public Safety) Acts
(Amendment) Act 2005
Act No.
Part 2--Amendments to the Dangerous Goods Act 1985
s. 12
17K. Inspector may issue direction concerning
damaged or spilled dangerous goods
(1) This section applies if an inspector believes
on reasonable grounds that danger to any
person or property exists, or may arise, from
5
any dangerous goods--
(a) that are damaged or spilled; or
(b) that are in a container that is damaged;
or
(c) that are in a container that is dislodged
10
from a vehicle, ship or boat.
(2) An inspector may issue a direction to the
owner, or the person in possession or control,
or who last had possession or control, of the
dangerous goods or container--
15
(a) to render harmless the dangerous goods
or container; or
(b) to dispose of, or remove, the spilled
dangerous goods and render harmless
anything contaminated by them--
20
by safe means within the period of time
specified in the direction.
(3) A person must not, without reasonable
excuse, refuse or fail to comply with a
direction issued under sub-section (2).
25
Penalty: 100 penalty units for a natural
person;
400 penalty units for a body
corporate.
32
551321B.I2-20/5/2005 BILL LA CIRCULATION 20/5/2005
Dangerous Goods and Equipment (Public Safety) Acts
(Amendment) Act 2005
Act No.
Part 2--Amendments to the Dangerous Goods Act 1985
s. 12
(4) If the inspector believes on reasonable
grounds that there is an immediate danger to
any person or property, the inspector may
take any action that he or she considers
necessary for--
5
(a) the destruction, rendering harmless,
disposal or removal of the dangerous
goods or container; or
(b) the destruction or rendering harmless of
anything contaminated by the spilled
10
dangerous goods.
(5) The inspector may also take any action
described in sub-section (4) if--
(a) the inspector has issued a direction
under sub-section (2) in relation to the
15
dangerous goods or container, or any
thing contaminated by the dangerous
goods, and he or she believes on
reasonable grounds that the person to
whom the direction was issued--
20
(i) has failed to comply with the
direction; or
(ii) is likely to use unsafe means to
render harmless, dispose of or
remove the dangerous goods,
25
container or thing--
within the period of time specified in
the direction; or
(b) the inspector believes on reasonable
grounds that a direction under sub-
30
section (2)--
(i) cannot be served on the owner or
any other person to whom the
direction may be issued; or
33
551321B.I2-20/5/2005 BILL LA CIRCULATION 20/5/2005
Dangerous Goods and Equipment (Public Safety) Acts
(Amendment) Act 2005
Act No.
Part 2--Amendments to the Dangerous Goods Act 1985
s. 12
(ii) cannot be served on the owner or
such a person without a delay
which may increase the danger to
any person or property that exists
or that may arise from the
5
dangerous goods, container or
thing; or
(c) the owner of the dangerous goods,
container or thing authorises the
inspector in writing to destroy, render
10
harmless, dispose of or remove the
dangerous goods, container or thing.
(6) If an inspector takes any action under sub-
section (4) or (5), the Authority may recover
the costs of that action--
15
(a) if the dangerous goods, container or
thing was or were present at a place
other than a vehicle, ship or boat--from
any occupier of the place; or
(b) if the dangerous goods, container or
20
thing was or were present on a vehicle,
ship or boat--from the owner of the
vehicle, ship or boat.
Division 9--Other Powers
18. Power to require name and address
25
(1) An inspector may ask a person to state his or
her name and address if the inspector
reasonably believes that the person--
(a) may be able to assist in the
investigation of an indictable offence
30
under this Act that has been committed
or is suspected of having been
committed; or
34
551321B.I2-20/5/2005 BILL LA CIRCULATION 20/5/2005
Dangerous Goods and Equipment (Public Safety) Acts
(Amendment) Act 2005
Act No.
Part 2--Amendments to the Dangerous Goods Act 1985
s. 12
(b) has committed or is about to commit an
offence (whether indictable or
summary) under this Act.
(2) The inspector must inform the person of the
grounds for his or her belief in sufficient
5
detail to allow the person to understand the
nature of the offence or suspected offence.
(3) A person who, in response to being asked to
state his or her name and address in
accordance with this section--
10
(a) refuses or fails to do so; or
(b) states a name that is false in a material
detail; or
(c) states an address other than the full and
correct address of his or her ordinary
15
place of residence or business--
is guilty of an offence and is liable to a fine
not exceeding 5 penalty units.
(4) A person who is asked to state his or her
name and address may ask the inspector to
20
produce his or her identity card for
inspection.
18A. Power to give directions
(1) An inspector may give a direction (either
orally or in writing) to a person at a place if
25
the inspector reasonably believes that it is
necessary to do so because of an immediate
risk to the safety of any person or of damage
to any property arising out of the presence of
dangerous goods or any related thing.
30
35
551321B.I2-20/5/2005 BILL LA CIRCULATION 20/5/2005
Dangerous Goods and Equipment (Public Safety) Acts
(Amendment) Act 2005
Act No.
Part 2--Amendments to the Dangerous Goods Act 1985
s. 12
(2) A person must not, without reasonable
excuse, refuse or fail to comply with a
direction given to the person under sub-
section (1).
Penalty: 500 penalty units for a natural
5
person;
2500 penalty units for a body
corporate.
(3) An offence against sub-section (2) is an
indictable offence.
10
Note: However, the offence may be heard and
determined summarily (see section 53 of, and
Schedule 4 to, the Magistrates' Court Act
1989).
18B. Powers extend to HCDG and explosives
15
Without limiting an inspector's powers in
relation to dangerous goods generally, an
inspector's powers under this Part extend and
apply to, and in relation to, the import,
export and disposal of high consequence
20
dangerous goods and the export of
explosives.
Division 10--Other Matters
19. People who must assist inspector
The following persons must not, without
25
reasonable excuse, refuse or fail to provide
such assistance as an inspector may
reasonably require for the performance of his
or her functions, or the exercise of his or her
powers, under this Act--
30
(a) in relation to a building or land, an
occupier or apparent occupier of the
building or land;
36
551321B.I2-20/5/2005 BILL LA CIRCULATION 20/5/2005
Dangerous Goods and Equipment (Public Safety) Acts
(Amendment) Act 2005
Act No.
Part 2--Amendments to the Dangerous Goods Act 1985
s. 12
(b) in relation to any other place, the
person who has the management or
control of the place for the time being.
Penalty: 60 penalty units for a natural
person;
5
300 penalty units for a body
corporate.
19A. Other assistance in exercising powers
(1) For the purpose of exercising a power under
this Act, an inspector may seek the
10
assistance of any person.
(2) If the power being exercised involves entry
to a place, the person assisting must be
allowed access to the place by the occupier,
apparent occupier or other person who has
15
the management or control of the place for
the time being.
Penalty: 60 penalty units for a natural
person;
300 penalty units for a body
20
corporate.
(3) If an inspector uses the assistance of an
interpreter--
(a) any enquiry or request made by the
interpreter on the inspector's behalf is
25
taken to have been made by the
inspector; and
(b) any answer given to the interpreter is
taken to have been given to the
inspector.
30
37
551321B.I2-20/5/2005 BILL LA CIRCULATION 20/5/2005
Dangerous Goods and Equipment (Public Safety) Acts
(Amendment) Act 2005
Act No.
Part 2--Amendments to the Dangerous Goods Act 1985
s. 12
(4) Any member of the police force or officer or
member of a fire authority may, if requested
to do so by an inspector, assist the inspector
in the execution of any of the inspector's
powers or functions.
5
19B. Inspector may take affidavits
An inspector is authorised to take affidavits
for any purpose relating or incidental to the
performance of his or her functions, or the
exercise of his or her powers, under this Act.
10
19C. Inspector may copy documents
An inspector may make copies of, or take
extracts from, a document or part of a
document given to the inspector in
accordance with a requirement under this
15
Act.
Division 11--Offences
19D. Offences in relation to inspections
(1) A person must not--
(a) intentionally hinder or obstruct an
20
inspector in the performance of his or
her functions, or in the exercise of his
or her powers, under this Act, or induce
or attempt to induce any other person to
do so; or
25
(b) intentionally conceal from an inspector
the location or existence of any other
person or any equipment, substance or
other thing; or
38
551321B.I2-20/5/2005 BILL LA CIRCULATION 20/5/2005
Dangerous Goods and Equipment (Public Safety) Acts
(Amendment) Act 2005
Act No.
Part 2--Amendments to the Dangerous Goods Act 1985
s. 12
(c) intentionally prevent, or attempt to
prevent, any other person from assisting
an inspector.
Penalty: 60 penalty units for a natural
person;
5
300 penalty units for a body
corporate.
(2) A person must not assault, directly or
indirectly intimidate or threaten, or attempt
to assault, intimidate or threaten, an
10
inspector, or a person assisting an inspector.
Penalty: Imprisonment for 2 years, or
240 penalty units, or both, for a
natural person;
1200 penalty units for a body
15
corporate.
(3) A reference in sub-section (1) or (2) to an
inspector is to be read as including a
reference to a person acting under an
instrument of delegation under section 10B.
20
19E. Offence to impersonate inspector
A person who is not an inspector must not, in
any way, hold himself or herself out to be an
inspector.
Penalty: 60 penalty units.
25
Division 12--Protections Concerning Self-
Incrimination and Legal Professional Privilege
19F. Protection against self-incrimination
(1) A natural person may refuse or fail to give
information or do any other thing that the
30
person is required to do by or under this Act
if giving the information, or doing the other
thing, would tend to incriminate the person.
39
551321B.I2-20/5/2005 BILL LA CIRCULATION 20/5/2005
Dangerous Goods and Equipment (Public Safety) Acts
(Amendment) Act 2005
Act No.
Part 2--Amendments to the Dangerous Goods Act 1985
s. 12
(2) However, sub-section (1) does not apply--
(a) to the production of a document or part
of a document that the person is
required by this Act to produce; or
(b) to the giving of a person's name or
5
address in accordance with section 18.
19G. Legal professional privilege not affected
Nothing in this Act--
(a) entitles or requires a person to disclose
information that is the subject of legal
10
professional privilege; or
(b) affects the law or practice relating to
legal professional privilege.
__________________
PART IIA--REVIEW OF DECISIONS
20. Which decisions are reviewable
15
(1) The following table sets out--
(a) decisions made under this Act that are
reviewable in accordance with this Part
("reviewable decisions"); and
(b) who is eligible to apply for a review of
20
a reviewable decision (the "eligible
person" in relation to the reviewable
decision).
40
551321B.I2-20/5/2005 BILL LA CIRCULATION 20/5/2005
Dangerous Goods and Equipment (Public Safety) Acts
(Amendment) Act 2005
Act No.
Part 2--Amendments to the Dangerous Goods Act 1985
s. 12
(2) To avoid doubt, sections 4 and 5 of the
Victorian Civil and Administrative
Tribunal Act 1998 apply for the purposes of
this Act.
5 Note: Under section 4 of that Act, a person makes a
decision if the person refuses to make a decision or
an instrument, imposes a condition or restriction or
does or refuses to do any other act or thing. Section 5
of that Act sets out when a person's interests are
10 affected by a decision.
Provision
under which
reviewable
decision is Reviewable
Item made decision Eligible person
1. Section To impose terms (1) The owner of
16A(2) and conditions on the seized
the return of a thing.
seized thing
(2) A person who
has an interest
in the seized
thing.
(3) Any other
person whose
interests are
affected by the
decision.
2. Section To decide that a (1) A person to
16B(1) seized thing is whom a notice
forfeit of forfeiture is
issued under
section 16B(2).
(2) A person who
has an interest
in the seized
thing.
(3) Any other
person whose
interests are
affected by the
decision.
41
551321B.I2-20/5/2005 BILL LA CIRCULATION 20/5/2005
Dangerous Goods and Equipment (Public Safety) Acts
(Amendment) Act 2005
Act No.
Part 2--Amendments to the Dangerous Goods Act 1985
s. 12
Provision
under which
reviewable
decision is Reviewable
made decision
Item Eligible person
3. Section To confirm a (1) The person to
17A(5) provisional whom the
direction direction is
issued.
(2) Any other
person whose
interests are
affected by the
decision.
4. Section To issue a non- (1) The person to
17B(1) disturbance notice whom the
notice is issued.
(2) Any other
person whose
interests are
affected by the
decision.
5. Section To issue an (1) The person to
17C(1) improvement whom the
notice notice is issued.
(2) Any other
person whose
interests are
affected by the
decision.
6. Section To certify that (1) The person to
17C(3)(a) matters that are whom the
the subject of an notice was
improvement issued.
notice have been
(2) Any other
remedied
person whose
interests are
affected by the
decision.
42
551321B.I2-20/5/2005 BILL LA CIRCULATION 20/5/2005
Dangerous Goods and Equipment (Public Safety) Acts
(Amendment) Act 2005
Act No.
Part 2--Amendments to the Dangerous Goods Act 1985
s. 12
Provision
under which
reviewable
decision is Reviewable
made decision
Item Eligible person
7. Section To issue a (1) The person to
17D(1) prohibition notice whom the
notice is issued.
(2) Any other
person whose
interests are
affected by the
decision.
8. Section To certify that (1) The person to
17D(1) matters that are whom the
the subject of a notice was
prohibition notice issued.
have been
(2) Any other
remedied
person whose
interests are
affected by the
decision.
9. Section 17F To vary or cancel (1) The person to
a non-disturbance whom the
notice, notice was
improvement issued.
notice or
(2) Any other
prohibition notice
person whose
interests are
affected by the
decision.
20A. Internal review
(1) An eligible person in relation to a reviewable
decision, other than a decision made by the
Authority, may apply to the Authority for a
review of the decision within--
5
(a) 14 days after the day on which the
decision first came to the eligible
person's notice; or
43
551321B.I2-20/5/2005 BILL LA CIRCULATION 20/5/2005
Dangerous Goods and Equipment (Public Safety) Acts
(Amendment) Act 2005
Act No.
Part 2--Amendments to the Dangerous Goods Act 1985
s. 12
(b) such longer period as the Authority
allows.
(2) The application must be in the form
approved (in writing) by the Authority.
(3) If an application is made to the Authority in
5
accordance with this section, the Authority
must make a decision--
(a) to affirm or vary the reviewable
decision; or
(b) to set aside the reviewable decision and
10
to substitute another decision that the
Authority considers appropriate.
(4) The Authority must give a written notice to
the applicant setting out--
(a) the Authority's decision under
15
sub-section (3) and the reasons for the
decision; and
(b) the findings on material questions of
fact that led to the decision, referring to
the evidence or other material on which
20
those findings were based--
and must do so within 14 days after the
application is made or, if the reviewable
decision was made under section 17C(3)(a)
or 17D(1), within 7 days after the application
25
is made.
(5) If the Authority has not notified an applicant
of a decision in accordance with sub-
section (4), the Authority is taken to have
made a decision to affirm the reviewable
30
decision.
44
551321B.I2-20/5/2005 BILL LA CIRCULATION 20/5/2005
Dangerous Goods and Equipment (Public Safety) Acts
(Amendment) Act 2005
Act No.
Part 2--Amendments to the Dangerous Goods Act 1985
s. 12
(6) The making of an application under this
section does not affect the operation of the
reviewable decision or prevent the taking of
any action to implement it unless the
Authority, on its own initiative or on the
5
application of the applicant for review, stays
the operation of the decision pending the
determination of the review.
(7) The Authority must make a decision on an
application for a stay within 24 hours after
10
the making of that application.
(8) If the Authority has not made a decision in
accordance with sub-section (7), the
Authority is taken to have made a decision to
grant a stay.
15
(9) The Authority may attach any conditions to a
stay of the operation of a reviewable decision
that it considers appropriate.
20B. Review by the Tribunal
(1) A person may apply to the Tribunal for a
20
review of--
(a) a reviewable decision made by the
Authority; or
(b) a decision made, or taken to have been
made, by the Authority under
25
section 20A in respect of a reviewable
decision (including a decision
concerning a stay of the operation of
the reviewable decision)--
if the person is an eligible person in relation
30
to the reviewable decision.
45
551321B.I2-20/5/2005 BILL LA CIRCULATION 20/5/2005
Dangerous Goods and Equipment (Public Safety) Acts
(Amendment) Act 2005
Act No.
Part 2--Amendments to the Dangerous Goods Act 1985
s. 13
(2) The application must be made--
(a) if the decision is to forfeit a thing
(including a document) seized under
Part II, within 28 days after the day on
which the decision first came to the
5
applicant's notice; or
(b) in the case of any other decision, within
14 days after the day on which the
decision first came to the applicant's
notice; or
10
(c) if the Authority is required by the
Victorian Civil and Administrative
Tribunal Act 1998 to give the
applicant a statement of reasons, within
14 days after the day on which the
15
applicant is given the statement--
whichever period ends last.'.
13. Insertion of sections 33A and 33B
After section 33 of the Dangerous Goods Act
1985 insert--
20
"33A. Power of Authority where premises or
magazine especially dangerous
(1) The Authority may require a licensee to stop
the use of, or to use under conditions
specified by the Authority, any premises or
25
magazine that the Authority considers to be
especially dangerous.
(2) A licensee who contravenes or fails to
comply with any requirement of the
Authority under sub-section (1) is guilty of
30
an offence.
Note: This section re-enacts section 18 of the Act as it was
before the commencement of section 12 of the
Dangerous Goods and Equipment (Public Safety)
35 Acts (Amendment) Act 2005.
46
551321B.I2-20/5/2005 BILL LA CIRCULATION 20/5/2005
Dangerous Goods and Equipment (Public Safety) Acts
(Amendment) Act 2005
Act No.
Part 2--Amendments to the Dangerous Goods Act 1985
s. 14
33B. Approval of equipment etc. for sale
A person who sells prescribed equipment or
appliances or any other prescribed items
used or intended to be used for or in
connection with dangerous goods is guilty of
5
an offence unless the Authority has approved
the equipment, appliances or items for that
purpose.
Note: This section re-enacts section 15 of the Act as it was
10 before the commencement of section 9 of the
Dangerous Goods and Equipment (Public Safety)
Acts (Amendment) Act 2005.".
14. Substitution of section 40
For section 40 of the Dangerous Goods Act 1985
substitute--
15
"40. Proceedings may be brought by the
Authority, inspectors and the police
(1) Proceedings for an offence against this Act
may be brought only by--
(a) the Authority; or
20
(b) an inspector with the written
authorisation of the Authority (either
generally or in a particular case); or
(c) a member of the police force.
(2) An authorisation under sub-section (1)(b) is
25
sufficient authority to continue proceedings
in any case where the court amends the
charge, warrant or summons.
(3) An inspector who brings proceedings may
conduct the proceedings before the court.
30
(4) The Authority must issue, and publish in the
Government Gazette, general guidelines for
or with respect to the prosecution of offences
under this Act.
47
551321B.I2-20/5/2005 BILL LA CIRCULATION 20/5/2005
Dangerous Goods and Equipment (Public Safety) Acts
(Amendment) Act 2005
Act No.
Part 2--Amendments to the Dangerous Goods Act 1985
s. 14
(5) Nothing in this section affects the ability of
the Director of Public Prosecutions to bring
proceedings for an indictable offence against
this Act.
40A. Procedure if prosecution is not brought
5
(1) If--
(a) a person considers that an offence
against this Act has occurred; and
(b) no prosecution has been brought in
respect of that occurrence within
10
6 months after that occurrence--
the person may request in writing that the
Authority bring a prosecution in respect of
that occurrence.
(2) Within 3 months after the Authority receives
15
a request it must--
(a) investigate the matter; and
(b) following the investigation, advise (in
writing) the person whether a
prosecution has been, or will be,
20
brought, or give reasons why a
prosecution will not be brought.
(3) If the Authority advises the person that a
prosecution will not be brought, the
Authority must refer the matter to the
25
Director of Public Prosecutions if the person
requests (in writing) that the Authority do so.
(4) The Director of Public Prosecutions must
consider the matter and advise (in writing)
the Authority whether or not the Director
30
considers that a prosecution should be
brought.
48
551321B.I2-20/5/2005 BILL LA CIRCULATION 20/5/2005
Dangerous Goods and Equipment (Public Safety) Acts
(Amendment) Act 2005
Act No.
Part 2--Amendments to the Dangerous Goods Act 1985
s. 14
(5) The Authority must ensure that a copy of the
advice is sent to the person who made the
request and, if the Authority declines to
follow advice from the Director of Public
Prosecutions to bring proceedings, the
5
Authority must give the person written
reasons for its decision.
(6) The Authority must include in its annual
report, and publish on its website, a
statement setting out--
10
(a) the number of requests received by the
Authority under sub-section (1); and
(b) the number of cases in which the
Authority has advised under sub-
section (2)(b) that a prosecution has
15
been or will be brought, or will not be
brought; and
(c) the number of cases in which the
Director of Public Prosecutions has
advised under sub-section (4) that a
20
prosecution should be brought or
should not be brought.
40B. Limitation period for prosecutions
Proceedings for an indictable offence against
this Act may be brought--
25
(a) within 2 years after the offence is
committed or the Authority becomes
aware the offence was committed; or
(b) at any time with the written
authorisation of the Director of Public
30
Prosecutions.".
49
551321B.I2-20/5/2005 BILL LA CIRCULATION 20/5/2005
Dangerous Goods and Equipment (Public Safety) Acts
(Amendment) Act 2005
Act No.
Part 2--Amendments to the Dangerous Goods Act 1985
s. 15
15. Consequential amendments and repeals
In the Dangerous Goods Act 1985--
(a) in section 41(1)(b), for "section 17(1)(a)(v)"
substitute "section 19C";
(b) in section 41(3), for "section 14" substitute
5
"section 10B";
(c) sections 44(b) and 44(c) are repealed.
16. Insertion of section 44A
After section 44 of the Dangerous Goods Act
1985 insert--
10
"44A. Offence to give false or misleading
information
(1) A person must not give information in
complying or purportedly complying with
this Act that the person knows to be false or
15
misleading in a material particular.
Penalty: 240 penalty units for a natural
person;
1200 penalty units for a body
corporate.
20
(2) A person must not produce a document in
complying or purportedly complying with
this Act that the person knows to be false or
misleading in a material particular without--
(a) indicating the respect in which it is
25
false or misleading; and
(b) if practicable, providing correct
information.
Penalty: 240 penalty units for a natural
person;
30
1200 penalty units for a body
corporate.".
50
551321B.I2-20/5/2005 BILL LA CIRCULATION 20/5/2005
Dangerous Goods and Equipment (Public Safety) Acts
(Amendment) Act 2005
Act No.
Part 2--Amendments to the Dangerous Goods Act 1985
s. 17
17. Consequential amendments concerning penalties
For section 45(1) of the Dangerous Goods Act
1985 substitute--
"(1) A person who contravenes any provision of
this Act (other than a provision in Part II, VII
5
or VIII) is guilty of an offence.".
18. Insertion of section 50A
After section 50 of the Dangerous Goods Act
1985 insert--
"50A. Judicial notice of Minister's signature etc.
10
All courts must take judicial notice of the
signature of--
(a) the Minister; or
(b) the chief executive of the Authority
(appointed under section 22 of the
15
Accident Compensation Act 1985); or
(c) the Chair of the Authority's Board of
Management; or
(d) the Secretary to the Department of
Primary Industries--
20
on each document authorised or required to
be signed by the Minister, chief executive,
Chair or Secretary (as the case may be) for
the purposes of this Act.".
19. Minor consequential amendments
25
In section 51 of the Dangerous Goods Act
1985--
(a) in paragraph (d), for "section 14" substitute
"section 10B";
(b) in paragraph (e), for "section 19" substitute
30
"section 19A(4)".
51
551321B.I2-20/5/2005 BILL LA CIRCULATION 20/5/2005
Dangerous Goods and Equipment (Public Safety) Acts
(Amendment) Act 2005
Act No.
Part 2--Amendments to the Dangerous Goods Act 1985
s. 20
20. Insertion of sections 51A51C
After section 51 of the Dangerous Goods Act
1985 insert--
'51A. Responsible agency for the Crown
(1) If the Crown is to be served with an
5
infringement notice, or proceedings are
brought against the Crown, for an offence
against this Act, the responsible agency in
respect of the offence may be specified in the
infringement notice or any document
10
initiating, or relating to, the proceedings (as
the case may be).
(2) In this section, the "responsible agency" in
respect of an offence is the agency of the
Crown--
15
(a) whose acts or omissions are alleged to
constitute the offence; or
(b) if that agency has ceased to exist, that is
the successor of that agency; or
(c) if that agency has ceased to exist and
20
there is no clear successor, that the
court declares to be the responsible
agency.
(3) The responsible agency in respect of an
offence is entitled to act in proceedings
25
against the Crown for the offence and,
subject to any relevant rules of court, the
procedural rights and obligations of the
Crown as the accused in the proceedings are
conferred or imposed on the responsible
30
agency.
(4) The person prosecuting the offence may
change the responsible agency during the
proceedings with the court's leave.
52
551321B.I2-20/5/2005 BILL LA CIRCULATION 20/5/2005
Dangerous Goods and Equipment (Public Safety) Acts
(Amendment) Act 2005
Act No.
Part 2--Amendments to the Dangerous Goods Act 1985
s. 20
51B. Infringement and other notices may be
issued to the Crown
(1) The Crown in any capacity may be issued
with an infringement notice for an offence
against this Act.
5
Note: For infringement notices generally, see
section 45B.
(2) If a direction or notice is to be issued to the
Crown under Division 8 of Part II, the
direction or notice may be issued to the
10
agency of the Crown that would be the
responsible agency under section 51A if the
Crown were prosecuted for an offence of
contravening the notice.
51C. Proceedings against successors to public
15
bodies
(1) In this section, "public body" means--
(a) a body corporate representing the
Crown; or
(b) a State owned enterprise or
20
reorganising body (within the meaning
of the State Owned Enterprises Act
1992); or
(c) a Council (within the meaning of the
Local Government Act 1989); or
25
(d) a public entity (within the meaning of
the Public Administration Act 2004).
(2) Proceedings for an offence against this Act
that were instituted against a public body
before its dissolution, or that could have
30
been instituted against a public body if not
for its dissolution, may be continued or
instituted against its successor if the
successor is a public body.
53
551321B.I2-20/5/2005 BILL LA CIRCULATION 20/5/2005
Dangerous Goods and Equipment (Public Safety) Acts
(Amendment) Act 2005
Act No.
Part 2--Amendments to the Dangerous Goods Act 1985
s. 21
(3) An infringement notice served on a public
body for an offence against this Act is taken
to be an infringement notice served on its
successor if the successor is a public body.
(4) Similarly, any penalty paid by a public body
5
in respect of an infringement notice is taken
to be a penalty paid by its successor if the
successor is a public body.'.
21. Change to Part heading
In the heading to Part VIII of the Dangerous
10
Goods Act 1985, for "AND ORDERS"
substitute ", ORDERS, CODES OF
PRACTICE, UNDERTAKINGS AND
ADVICE ON COMPLIANCE".
22. Insertion of sections 60A60C
15
After section 60 of the Dangerous Goods Act
1985 insert--
"60A. Authority may accept undertakings
(1) The Authority may accept (by written notice)
a written undertaking given by a person in
20
connection with a matter relating to a
contravention, or alleged contravention, by
the person of this Act.
(2) The person may withdraw or vary the
undertaking at any time, but only with the
25
Authority's written consent.
(3) Neither the Authority nor an inspector may
bring a proceeding for an offence against this
Act constituted by the contravention, or
alleged contravention, to which the
30
undertaking relates.
54
551321B.I2-20/5/2005 BILL LA CIRCULATION 20/5/2005
Dangerous Goods and Equipment (Public Safety) Acts
(Amendment) Act 2005
Act No.
Part 2--Amendments to the Dangerous Goods Act 1985
s. 22
60B. Enforcement of undertakings
(1) If the Authority considers that a person has
contravened an undertaking accepted by the
Authority, the Authority may apply to the
Magistrates' Court for enforcement of the
5
undertaking.
(2) If the Magistrates' Court is satisfied that the
person has contravened the undertaking, it
may make--
(a) an order that the person must comply
10
with the undertaking or take specified
action to comply with the undertaking;
or
(b) any other order that it considers
appropriate.
15
60C. Power to give advice on compliance
(1) The Authority may give advice to a person
who has a duty or obligation under this Act
about complying with that duty or
obligation.
20
(2) The giving of such advice by the Authority
does not give rise to--
(a) any liability of, or other claim against,
the Authority; or
(b) any right, expectation, duty or
25
obligation that would not otherwise be
conferred or imposed on the person
given the advice; or
(c) any defence that would not otherwise
be available to that person.
30
55
551321B.I2-20/5/2005 BILL LA CIRCULATION 20/5/2005
Dangerous Goods and Equipment (Public Safety) Acts
(Amendment) Act 2005
Act No.
Part 2--Amendments to the Dangerous Goods Act 1985
s. 23
(3) The Authority's power under this section to
give advice may also be exercised by an
inspector or, if the Authority authorises any
other person to exercise the power, that other
person.
5
Note: An inspector or other person exercising this
power may not be liable for things done or
omitted to be done in good faith (see
section 51 of this Act and section 22(5) of the
10 Accident Compensation Act 1985).".
23. Insertion of Part IX
After Part VIII of the Dangerous Goods Act
1985 insert--
'PART IX--SAVINGS AND TRANSITIONAL
PROVISIONS--DANGEROUS GOODS AND
15
EQUIPMENT (PUBLIC SAFETY) ACTS
(AMENDMENT) ACT 2005
62. Definition
In this Part "amending Act" means the
Dangerous Goods and Equipment (Public
20
Safety) Acts (Amendment) Act 2005.
63. Interpretation of Legislation Act 1984 not
affected
Nothing in this Part limits or otherwise
affects the operation of the Interpretation of
25
Legislation Act 1984.
64. Amendments not to affect the
appointment of inspectors
On and after 1 July 2005--
(a) a person holding office as an inspector
30
under this Act immediately before that
date is deemed to be an inspector
appointed by the Authority under
56
551321B.I2-20/5/2005 BILL LA CIRCULATION 20/5/2005
Dangerous Goods and Equipment (Public Safety) Acts
(Amendment) Act 2005
Act No.
Part 2--Amendments to the Dangerous Goods Act 1985
s. 23
section 11 (as inserted by the amending
Act); and
(b) a certificate of appointment furnished
to the person under section 11(2) before
that date is deemed to be a certificate of
5
appointment given to the person under
section 11(3) (as inserted by the
amending Act); and
(c) an identification card issued to the
person under section 13(1) before that
10
date is deemed to be an identification
card issued to the person under
section 11B(1) (as inserted by the
amending Act).
65. Continuation of directions and notices
15
(1) A direction issued under section 17(2) that
was in force immediately before 1 July 2005
is, on and after that date, deemed to be a
direction given under section 18A(1) (as
inserted by the amending Act), and may be
20
varied or cancelled accordingly.
(2) A notice that was issued under section 17(4)
that was in force immediately before 1 July
2005 is, on and after that date, deemed to be
a direction issued under section 17K(2) (as
25
inserted by the amending Act), and may be
varied or cancelled accordingly.
(3) A direction issued under section 17B that
was in force immediately before 1 July 2005
is, on and after that date, deemed to be an
30
improvement notice issued under Part II (as
inserted by the amending Act), and may be
varied or cancelled accordingly.
57
551321B.I2-20/5/2005 BILL LA CIRCULATION 20/5/2005
Dangerous Goods and Equipment (Public Safety) Acts
(Amendment) Act 2005
Act No.
Part 2--Amendments to the Dangerous Goods Act 1985
s. 23
66. Application of provisions concerning
prosecutions
(1) Section 40 applies to proceedings for an
offence that are commenced on or after
1 July 2005.
5
(2) Section 40A only applies to alleged offences
occurring on or after 1 July 2005.
(3) Any guidelines published under
section 40(3) that were in force immediately
before 1 July 2005 are, on and after that date,
10
deemed to have been issued and published
under section 40(4) (as inserted by the
amending Act), and may be varied or
revoked accordingly.
67. Saving of instruments of delegation
15
Any instrument of delegation made under
section 14 and in force immediately before
1 July 2005 is, on and after that date, deemed
to be an instrument of delegation issued
under section 10B (as inserted by the
20
amending Act), and may be varied or
cancelled accordingly.'.
__________________
58
551321B.I2-20/5/2005 BILL LA CIRCULATION 20/5/2005
Dangerous Goods and Equipment (Public Safety) Acts
(Amendment) Act 2005
Act No.
Part 3--Amendments to the Equipment (Public Safety) Act 1994
s. 24
PART 3--AMENDMENTS TO THE EQUIPMENT (PUBLIC
SAFETY) ACT 1994
24. Additional definitions
(1) Insert the following definitions in section 3(1) of
the Equipment (Public Safety) Act 1994--
5
' "eligible person", in relation to a reviewable
decision, has the meaning given by
section 24;
"place" includes a car, truck, ship, boat, airplane
and any other vehicle;
10
"reviewable decision" has the meaning given by
section 24;
"Tribunal" means the Victorian Civil and
Administrative Tribunal established by the
Victorian Civil and Administrative
15
Tribunal Act 1998.'.
(2) In section 3(1) of the Equipment (Public Safety)
Act 1994, for the definition of "inspector"
substitute--
' "inspector" means a person--
20
(a) appointed as an inspector under
section 12; or
(b) appointed as an inspector under the
Occupational Health and Safety Act
2004;'.
25
59
551321B.I2-20/5/2005 BILL LA CIRCULATION 20/5/2005
Dangerous Goods and Equipment (Public Safety) Acts
(Amendment) Act 2005
Act No.
Part 3--Amendments to the Equipment (Public Safety) Act 1994
s. 25
25. Substitution of section 4
For section 4 of the Equipment (Public Safety)
Act 1994 substitute--
"4. Act binds the Crown
(1) This Act binds the Crown--
5
(a) in right of the State of Victoria; and
(b) to the extent that the legislative power
of the Parliament permits, in all its
other capacities.
(2) To avoid doubt, the Crown is a body
10
corporate for the purposes of this Act and the
regulations.".
26. Insertion of section 9A
After section 9 of the Equipment (Public Safety)
Act 1994 insert--
15
"9A. Duty of site managers
A site manager must appoint a person to act
as the site manager for the purposes of this
Act during any period that the site manager
is absent from the site.
20
Note: This section re-enacts section 14(3) of the Act as it
was before the commencement of section 27 of the
Dangerous Goods and Equipment (Public Safety)
Acts (Amendment) Act 2005.".
60
551321B.I2-20/5/2005 BILL LA CIRCULATION 20/5/2005
Dangerous Goods and Equipment (Public Safety) Acts
(Amendment) Act 2005
Act No.
Part 3--Amendments to the Equipment (Public Safety) Act 1994
s. 27
27. Substitution of Parts 3 and 4
For Parts 3 and 4 of the Equipment (Public
Safety) Act 1994 substitute--
'PART 3--INSPECTORS AND ENFORCEMENT
Division 1--Appointment of Inspectors
5
12. Appointment of inspectors
(1) The Authority may, by instrument in writing,
appoint an officer or employee of the
Authority to be an inspector for the purposes
of this Act.
10
(2) The Authority must give each person who is
appointed as an inspector a certificate of
appointment signed by the chief executive of
the Authority (appointed under section 22 of
the Accident Compensation Act 1985).
15
(3) A certificate of appointment given to a
person in accordance with sub-section (2) is
conclusive proof of the valid appointment of
the person as an inspector under this section.
(4) This section does not apply to a person
20
referred to in paragraph (b) of the definition
of "inspector" in section 3(1).
12A. Identity cards
(1) The Authority must issue an identity card to
each inspector appointed under section 12
25
containing a photograph of the inspector and
his or her signature.
(2) An inspector must produce his or her identity
card for inspection if asked to do so when
performing a function or exercising a power
30
under this Act or the regulations.
61
551321B.I2-20/5/2005 BILL LA CIRCULATION 20/5/2005
Dangerous Goods and Equipment (Public Safety) Acts
(Amendment) Act 2005
Act No.
Part 3--Amendments to the Equipment (Public Safety) Act 1994
s. 27
(3) If a person to whom an identity card has
been issued ceases to be an inspector, the
person must return the identity card to the
Authority as soon as is practicable.
Division 2--Performance of Functions or
5
Exercise of Powers
13. Inspectors subject to Authority's
directions
(1) An inspector is subject to the Authority's
directions in the performance of his or her
10
functions or in the exercise of his or her
powers under this Act and the regulations.
(2) A direction under sub-section (1) may be of
a general nature or may relate to a specified
matter or to a specified class of matter.
15
Division 3--Powers Relating to Entry
14. Power to enter
(1) An inspector may enter a place that the
inspector reasonably believes is an
equipment site at any reasonable time
20
(whether it is day or night).
Note 1: "Place" is defined in section 3 as including a car,
truck, ship, boat, airplane and any other vehicle.
Note 2: The powers conferred by this section are limited in
25 respect of a part of a place that is used only for
residential purposes (see section 17).
(2) Without limiting sub-section (1), it is a
reasonable time to enter a place at any time
that the inspector reasonably believes that
there is an immediate risk to the health or
30
safety of a person at the place.
62
551321B.I2-20/5/2005 BILL LA CIRCULATION 20/5/2005
Dangerous Goods and Equipment (Public Safety) Acts
(Amendment) Act 2005
Act No.
Part 3--Amendments to the Equipment (Public Safety) Act 1994
s. 27
14A. General powers on entry
An inspector who enters a place under this
Division may do any of the following--
(a) inspect, examine and make enquiries at
the place;
5
(b) inspect and examine any thing
(including a document) at the place;
(c) bring any equipment or materials to the
place that may be required;
(d) seize any thing (including a document)
10
at the place that may afford evidence of
the commission of an offence against
this Act or the regulations;
(e) seize any thing at the place for further
examination or testing but only if the
15
inspector reasonably believes that the
examination or testing is reasonably
necessary and cannot be reasonably
conducted on site;
(f) take photographs or measurements or
20
make sketches or recordings;
(g) exercise any other power conferred on
the inspector by this Act or the
regulations;
(h) do any other thing that is reasonably
25
necessary for the purpose of the
inspector performing his or her
functions or exercising his or her
powers under this Act or the
regulations.
30
Note: The powers conferred by this section are limited in
respect of a part of a place that is used only for
residential purposes (see section 17).
63
551321B.I2-20/5/2005 BILL LA CIRCULATION 20/5/2005
Dangerous Goods and Equipment (Public Safety) Acts
(Amendment) Act 2005
Act No.
Part 3--Amendments to the Equipment (Public Safety) Act 1994
s. 27
14B. Power to require production of documents
etc.
(1) An inspector who enters a place under this
Division may--
(a) require a person to produce a document
5
or part of a document located at the
place that is in the person's possession
or control; and
(b) examine that document or part; and
(c) require a person at the place to answer
10
any questions put by the inspector.
(2) A person must not, without reasonable
excuse, refuse or fail to comply with a
requirement under sub-section (1).
Penalty: 60 penalty units for a natural
15
person;
300 penalty units for a body
corporate.
(3) Before requiring a person to produce a
document or part of a document or to answer
20
questions under sub-section (1), an
inspector--
(a) must produce his or her identity card
for inspection by the person and warn
the person that a refusal or failure to
25
comply with the requirement, without
reasonable excuse, is an offence; and
(b) must inform the person that he or she
may refuse or fail to answer any
question if answering the question
30
would tend to incriminate him or her.
64
551321B.I2-20/5/2005 BILL LA CIRCULATION 20/5/2005
Dangerous Goods and Equipment (Public Safety) Acts
(Amendment) Act 2005
Act No.
Part 3--Amendments to the Equipment (Public Safety) Act 1994
s. 27
(4) A person is not liable to be prosecuted for an
offence against sub-section (2) if the
inspector concerned failed to comply with
sub-section (3).
5 Note 1: The powers conferred by this section are limited in
respect of a part of a place that is used only for
residential purposes (see section 17).
Note 2: This section does not affect legal professional
privilege (see section 23A) or, in the case of a
10 requirement to answer questions, the privilege
against self-incrimination (see section 23).
14C. Power to take samples
(1) An inspector who enters a place under this
Division may take (without payment)
samples of any thing at the place that may be
15
required for analysis.
(2) If an inspector intends to take a sample, he or
she must notify the site manager of that
intention.
(3) Unless it is unsafe to do so, after taking the
20
sample the inspector must--
(a) divide it into as many parts as are
necessary, mark, and seal or fasten up,
each part in a way that the nature of the
sample allows; and
25
(b) if the person who must be notified
under sub-section (2) requires the
inspector to give him or her a part, give
one part to that person; and
(c) keep one part for future comparison.
30
(4) If it is determined that the sample is to be
analysed, the inspector must submit another
part to an analyst for that purpose.
65
551321B.I2-20/5/2005 BILL LA CIRCULATION 20/5/2005
Dangerous Goods and Equipment (Public Safety) Acts
(Amendment) Act 2005
Act No.
Part 3--Amendments to the Equipment (Public Safety) Act 1994
s. 27
Division 4--Procedure Relating to Entry
15. Announcement on entry
(1) Immediately on entering a place under
Division 3, an inspector must take all
reasonable steps to notify the site manager of
5
the place of the entry, and to produce his or
her identity card for inspection by the site
manager.
(2) However, an inspector is not required to
notify, or produce his or her identity card for
10
inspection by, the site manager if--
(a) to do so would defeat the purpose for
which the place was entered, or would
cause unreasonable delay; or
(b) the site manager is already aware that
15
the inspector has entered the place or
was notified in advance of when the
inspector would enter.
15A. Report to be given about entry
(1) An inspector who enters a place under
20
Division 3 must give a report concerning the
entry when, or as soon as is practicable after,
he or she leaves the place to the site manager
of the place.
(2) The report must be in writing and must
25
include--
(a) the time of the entry and departure; and
(b) the purpose of the entry; and
(c) a description of the things done while at
the place; and
30
66
551321B.I2-20/5/2005 BILL LA CIRCULATION 20/5/2005
Dangerous Goods and Equipment (Public Safety) Acts
(Amendment) Act 2005
Act No.
Part 3--Amendments to the Equipment (Public Safety) Act 1994
s. 27
(d) a summary of the inspector's
observations while at the place; and
(e) the procedure for contacting the
Authority and the inspector for further
details of the entry; and
5
(f) the procedure for seeking a review of
any decision made by the inspector
during the entry.
(3) If the inspector takes photographs or makes
sketches or recordings under section 14A(f),
10
the report must also include a statement--
(a) that the photographs have been taken,
or that the sketches or recordings have
been made; and
(b) that they are, or will be, available for
15
inspection at a specified place.
Division 5--Search Warrants
16. Issue of search warrants
(1) An inspector may apply to a magistrate for
the issue of a search warrant in relation to a
20
particular place (whether or not it is, or is
believed to be, an equipment site) if the
inspector believes on reasonable grounds that
there is, or may be within the next 72 hours,
a particular thing (including a document) at
25
the place that may afford evidence of the
commission of an offence against this Act or
the regulations.
(2) A magistrate may issue the search warrant if
he or she is satisfied by evidence on oath,
30
whether oral or by affidavit, that there are
reasonable grounds for suspecting that there
is, or may be within 72 hours, a particular
thing (including a document) at the place that
67
551321B.I2-20/5/2005 BILL LA CIRCULATION 20/5/2005
Dangerous Goods and Equipment (Public Safety) Acts
(Amendment) Act 2005
Act No.
Part 3--Amendments to the Equipment (Public Safety) Act 1994
s. 27
may afford evidence of the commission of an
offence against this Act or the regulations.
(3) The search warrant may authorise a named
inspector and any assistants the inspector
considers necessary--
5
(a) to enter the place or part of the place
named or described in the warrant; and
(b) to search for the thing named or
described in the warrant.
(4) In addition to any other requirement, the
10
search warrant must state--
(a) the offence suspected; and
(b) the place to be searched; and
(c) a description of the thing for which the
search is to be made; and
15
(d) any conditions to which the warrant is
subject; and
(e) whether entry is authorised to be made
at any time, or during specified hours;
and
20
(f) that the warrant authorises entry on
only one occasion; and
(g) a day, not later than 7 days after the day
the warrant is issued, on which it ceases
to have effect.
25
(5) A search warrant must be issued in
accordance with the Magistrates' Court
Act 1989 and in the form required under that
Act.
(6) The rules that apply to search warrants
30
mentioned in the Magistrates' Court Act
1989 extend and apply to search warrants
under this section.
68
551321B.I2-20/5/2005 BILL LA CIRCULATION 20/5/2005
Dangerous Goods and Equipment (Public Safety) Acts
(Amendment) Act 2005
Act No.
Part 3--Amendments to the Equipment (Public Safety) Act 1994
s. 27
(7) Despite section 5, a search warrant may
authorise an inspector to search a place that
is a workplace within the meaning of the
Occupational Health and Safety Act 2004.
16A. Announcement before entry on warrant
5
(1) Before executing a search warrant, the
inspector named in the warrant or an
assistant to the inspector must--
(a) announce that he or she is authorised by
the warrant to enter the place; and
10
(b) give any person at the place an
opportunity to allow that entry.
(2) However, the inspector or an assistant to the
inspector need not comply with sub-
section (1) if he or she believes, on
15
reasonable grounds, that immediate entry to
the place is needed to ensure--
(a) the safety of any person; or
(b) that the effective execution of the
warrant is not frustrated.
20
16B. Copy of warrant to be given to person in
control of place to be searched
If a person who has the management or
control, or apparent management or control,
of the place for the time being is present at a
25
place when a search warrant is being
executed, the inspector must--
(a) identify himself or herself to that
person by producing his or her identity
card for inspection; and
30
(b) give that person a copy of the execution
copy of the warrant.
69
551321B.I2-20/5/2005 BILL LA CIRCULATION 20/5/2005
Dangerous Goods and Equipment (Public Safety) Acts
(Amendment) Act 2005
Act No.
Part 3--Amendments to the Equipment (Public Safety) Act 1994
s. 27
Division 6--Limitation on Entry Powers
17. Places used for residential purposes
(1) Despite anything else in this Part, the powers
of an inspector under this Part in relation to
entering a place are not exercisable in respect
5
of any part of a place that is used only for
residential purposes except--
(a) with the consent of the occupier for the
time being of the place; or
(b) under the authority conferred by a
10
search warrant.
(2) For the purposes of sub-section (1), any
common property in a subdivision of land is
not a place used only for residential
purposes.
15
Examples:
Examples of common property include a lift, or lift
well, in a block of flats; and a plant or boiler room in
an apartment building that contains heating or cooling
20 equipment, lift machinery or pressure vessels.
Division 7--Return and Forfeiture of Seized
Things
18. Return of seized things
(1) As soon as possible after an inspector seizes
any thing (including a document) under this
25
Part, the Authority must return the thing to
the owner unless--
(a) the Authority considers it necessary to
retain the thing because it may afford
evidence in proceedings, that have been
30
or that may be commenced, for an
offence against this Act or the
regulations; or
70
551321B.I2-20/5/2005 BILL LA CIRCULATION 20/5/2005
Dangerous Goods and Equipment (Public Safety) Acts
(Amendment) Act 2005
Act No.
Part 3--Amendments to the Equipment (Public Safety) Act 1994
s. 27
(b) the thing is forfeited to the Authority
under section 18A; or
(c) the Authority is otherwise authorised
(by a law or court order) to retain,
destroy or dispose of the thing.
5
(2) The thing may be returned either
unconditionally or on any terms and
conditions that the Authority considers
appropriate to eliminate or reduce any risks
to health or safety arising from, or in relation
10
to, prescribed equipment.
(3) If the Authority imposes terms or conditions
on the return of a thing, the owner must
comply with each of those terms and
conditions.
15
Penalty: 60 penalty units for a natural
person;
300 penalty units for a body
corporate.
18A. Forfeiture of seized things
20
(1) Any thing (including a document) that an
inspector has seized and retained under this
Part is forfeited to the Authority if the
Authority--
(a) cannot find its owner despite making
25
reasonable enquiries; or
(b) cannot return it to the owner despite
making reasonable efforts; or
(c) considers it necessary to retain the thing
to prevent the commission of an
30
offence against this Act or the
regulations.
71
551321B.I2-20/5/2005 BILL LA CIRCULATION 20/5/2005
Dangerous Goods and Equipment (Public Safety) Acts
(Amendment) Act 2005
Act No.
Part 3--Amendments to the Equipment (Public Safety) Act 1994
s. 27
(2) If a thing is forfeited to the Authority under
sub-section (1)(c), the Authority must notify
(in writing) the owner accordingly, setting
out how the owner may seek a review of the
decision to forfeit the thing, unless the
5
Authority cannot find the owner despite
making reasonable enquiries.
Division 8--Powers to Issue Notices
19. Power to issue non-disturbance notice
(1) An inspector who, under this Part, has
10
entered a place that is an equipment site may
issue a non-disturbance notice to the site
manager requiring the site manager--
(a) to stop the use or movement of, or
interference with, any specified
15
prescribed equipment or other thing
associated with that equipment; and
(b) to prevent the disturbance of the
equipment or other thing or a specified
area of the place where the equipment
20
or other thing is located--
if the inspector reasonably believes that it is
necessary to do so to facilitate the
performance of his or her functions or the
exercise of his or her powers under this Act
25
or the regulations in relation to the place or
any equipment or other thing at the place.
(2) A non-disturbance notice must specify the
period (of no more than 7 days) for which it
applies and set out--
30
(a) the obligations of the site manager; and
72
551321B.I2-20/5/2005 BILL LA CIRCULATION 20/5/2005
Dangerous Goods and Equipment (Public Safety) Acts
(Amendment) Act 2005
Act No.
Part 3--Amendments to the Equipment (Public Safety) Act 1994
s. 27
(b) the penalty for contravening the notice;
and
(c) how the site manager may seek a
review of the issue of the notice; and
(d) a statement of the effect of section 19G
5
(proceedings for offences not affected
by notices).
(3) If an inspector considers it necessary to do
so, he or she may issue one or more
subsequent non-disturbance notices to a site
10
manager, whether before or after the expiry
of the previous notice, each of which must
comply with sub-section (2).
(4) A person who, without reasonable excuse,
fails to comply with a non-disturbance notice
15
issued to the person is guilty of an indictable
offence and is liable to a fine not
exceeding--
(a) in the case of a natural person,
500 penalty units; or
20
(b) in the case of a body corporate,
2500 penalty units.
Note: However, the offence may be heard and
determined summarily (see section 53 of, and
25 Schedule 4 to, the Magistrates' Court Act
1989).
73
551321B.I2-20/5/2005 BILL LA CIRCULATION 20/5/2005
Dangerous Goods and Equipment (Public Safety) Acts
(Amendment) Act 2005
Act No.
Part 3--Amendments to the Equipment (Public Safety) Act 1994
s. 27
19A. Power to issue improvement notice
(1) If an inspector reasonably believes that a
person--
(a) is contravening a provision of this Act
or the regulations; or
5
(b) has contravened such a provision in
circumstances that make it likely that
the contravention will continue or be
repeated--
the inspector may issue to the person an
10
improvement notice requiring the person to
remedy the contravention or likely
contravention, or the matters or activities
causing the contravention or likely
contravention.
15
(2) An improvement notice must--
(a) state the basis for the inspector's belief
on which the issue of the notice is
based; and
(b) specify the provision of this Act or the
20
regulations that the inspector considers
has been, or is likely to be,
contravened; and
(c) specify a date (with or without a time)
by which the person is required to
25
remedy the contravention or likely
contravention, or the matters or
activities causing the contravention or
likely contravention, that the inspector
considers is reasonable having regard to
30
the severity of the risk to the health or
safety of any person and the nature of
the contravention or likely
contravention; and
74
551321B.I2-20/5/2005 BILL LA CIRCULATION 20/5/2005
Dangerous Goods and Equipment (Public Safety) Acts
(Amendment) Act 2005
Act No.
Part 3--Amendments to the Equipment (Public Safety) Act 1994
s. 27
(d) set out the penalty for contravening the
notice; and
(e) state how the person may seek a review
of the issue of the notice; and
(f) include a statement of the effect of
5
section 19G (proceedings for offences
not affected by notices).
(3) An improvement notice may include
directions concerning the measures to be
taken to remedy the contravention or likely
10
contravention, or the matters or activities
causing the contravention or likely
contravention, to which the notice relates and
may, in particular, include--
(a) a direction that if the person has not
15
remedied the contravention, likely
contravention, matters or activities (as
the case may be) by the date and time
(if any) specified in the notice, an
activity to which the notice relates is to
20
cease until an inspector has certified in
writing that the contravention, likely
contravention, matters or activities have
been remedied; and
(b) interim directions, or interim conditions
25
on the carrying on of any activities to
which the notice relates, that the
inspector considers necessary to
minimise risks to the health or safety of
a person.
30
(4) A person to whom an improvement notice is
issued must comply with the notice.
Penalty: 500 penalty units for a natural
person;
2500 penalty units for a body
35
corporate.
75
551321B.I2-20/5/2005 BILL LA CIRCULATION 20/5/2005
Dangerous Goods and Equipment (Public Safety) Acts
(Amendment) Act 2005
Act No.
Part 3--Amendments to the Equipment (Public Safety) Act 1994
s. 27
(5) An offence against sub-section (4) is an
indictable offence.
Note: However, the offence may be heard and determined
summarily (see section 53 of, and Schedule 4 to, the
5 Magistrates' Court Act 1989).
(6) If an application for a review of a decision
under this section has been made under
Part 4, an inspector must not give a
certificate under sub-section (3)(a) in relation
to the improvement notice concerned until
10
after the review ends.
19B. Power to issue prohibition notice
(1) If an inspector reasonably believes that--
(a) an activity is occurring at an equipment
site that involves or will involve an
15
immediate risk to the health or safety of
a person; or
(b) an activity may occur at an equipment
site that, if it occurs, will involve an
immediate risk to the health or safety of
20
a person--
the inspector may issue to a person who has,
or appears to have, control over the activity a
prohibition notice prohibiting the carrying on
of the activity, or the carrying on of the
25
activity in a specified way, until an inspector
has certified in writing that the matters that
give, or that will give, rise to the risk have
been remedied.
(2) A prohibition notice must--
30
(a) state the basis for the inspector's belief
on which the issue of the notice is
based; and
76
551321B.I2-20/5/2005 BILL LA CIRCULATION 20/5/2005
Dangerous Goods and Equipment (Public Safety) Acts
(Amendment) Act 2005
Act No.
Part 3--Amendments to the Equipment (Public Safety) Act 1994
s. 27
(b) specify the activity which the inspector
believes involves or will involve the
risk and the matters which give, or will
give, rise to the risk; and
(c) if the inspector believes that the activity
5
involves a contravention, or likely
contravention, of a provision of this Act
or the regulations, specify that
provision and state the basis for that
belief; and
10
(d) set out the penalty for contravening the
notice; and
(e) state how the person may seek a review
of the issue of the notice; and
(f) include a statement of the effect of
15
section 19G (proceedings for offences
not affected by notices).
(3) A prohibition notice may include directions
on the measures to be taken to remedy the
risk, activities or matters to which the notice
20
relates, or the contravention, or likely
contravention, mentioned in sub-
section (2)(c).
(4) A prohibition notice that prohibits the
carrying on of an activity in a specified way
25
may do so by specifying one or more of the
following--
(a) an equipment site, or part of an
equipment site, at which the activity is
not to be carried out;
30
(b) any thing that is not to be used in
connection with the activity;
(c) any procedure that is not to be followed
in connection with the activity.
77
551321B.I2-20/5/2005 BILL LA CIRCULATION 20/5/2005
Dangerous Goods and Equipment (Public Safety) Acts
(Amendment) Act 2005
Act No.
Part 3--Amendments to the Equipment (Public Safety) Act 1994
s. 27
(5) A person to whom a prohibition notice is
issued must comply with the notice.
Penalty: 500 penalty units for a natural
person;
2500 penalty units for a body
5
corporate.
(6) An offence against sub-section (5) is an
indictable offence.
Note: However, the offence may be heard and determined
10 summarily (see section 53 of, and Schedule 4 to, the
Magistrates' Court Act 1989).
(7) If an application for a review of a decision
under this section has been made under
Part 4, an inspector must not give a
certificate under sub-section (1) in relation to
15
the prohibition notice concerned until after
the review ends.
19C. Directions or conditions in notices
A direction or condition included in an
improvement notice or prohibition notice
20
may--
(a) refer to a code of practice; and
(b) offer the person to whom it is issued a
choice of ways in which to remedy the
contravention, likely contravention,
25
matters or activities concerned.
19D. Variation or cancellation of notices
A non-disturbance notice, improvement
notice or prohibition notice issued by an
inspector may only be varied or cancelled by
30
the Authority.
Note: The Authority may vary or cancel such a
notice in the same way that an inspector may
make the notice (see section 41A of the
35 Interpretation of Legislation Act 1984).
78
551321B.I2-20/5/2005 BILL LA CIRCULATION 20/5/2005
Dangerous Goods and Equipment (Public Safety) Acts
(Amendment) Act 2005
Act No.
Part 3--Amendments to the Equipment (Public Safety) Act 1994
s. 27
19E. Service of notices
(1) A non-disturbance notice, improvement
notice or prohibition notice may be issued to
a person--
(a) by delivering it personally to the
5
person, or by sending it by post or
facsimile to the person's usual or last
known place of residence or business;
or
(b) by leaving it for the person at the
10
person's usual or last known place of
residence or business with a person
who is apparently over 16 years and
who apparently resides or works there;
or
15
(c) in the case of a notice relating to an
equipment site, by leaving it for the
person at the site with a person who is
apparently over 16 years and who
apparently is the site manager for the
20
time being of the site.
(2) If the person to whom an improvement
notice or prohibition notice is issued is the
proprietor of, or is in charge of, prescribed
equipment at an equipment site, but is not the
25
site manager of the site, he or she must as
soon as possible give a copy of the notice to
the site manager of the site (unless the
equipment to which the notice relates is no
longer at the site).
30
Penalty: 5 penalty units for a natural
person;
25 penalty units for a body
corporate.
79
551321B.I2-20/5/2005 BILL LA CIRCULATION 20/5/2005
Dangerous Goods and Equipment (Public Safety) Acts
(Amendment) Act 2005
Act No.
Part 3--Amendments to the Equipment (Public Safety) Act 1994
s. 27
(3) The site manager of the place in relation to
which a non-disturbance notice,
improvement notice or prohibition notice is
issued must, as soon as possible after
becoming aware of the issuing of the
5
notice--
(a) bring the notice to the attention of each
proprietor of, and each person who is in
charge of, any prescribed equipment at
the place that is affected by the notice
10
(unless the proprietor or person is
already aware of the notice); and
(b) prominently display a copy of the
notice at or near the place, or part of the
place, or prescribed equipment, that is
15
affected by the notice.
Penalty: 5 penalty units for a natural
person;
25 penalty units for a body
corporate.
20
19F. Formal irregularities or defects in notices
A non-disturbance notice, improvement
notice or prohibition notice is not invalid
merely because of--
(a) a formal defect or irregularity in the
25
notice, unless the defect or irregularity
causes or is likely to cause substantial
injustice; or
(b) a failure to use the correct name of the
person to whom the notice is issued if
30
the notice sufficiently identifies the
person and is issued to the person in
accordance with section 19E.
80
551321B.I2-20/5/2005 BILL LA CIRCULATION 20/5/2005
Dangerous Goods and Equipment (Public Safety) Acts
(Amendment) Act 2005
Act No.
Part 3--Amendments to the Equipment (Public Safety) Act 1994
s. 27
19G. Proceedings for offences not affected by
notices
The issue, variation or cancellation of a
non-disturbance notice, improvement notice
or prohibition notice does not affect any
5
proceedings for an offence against this Act
or the regulations in connection with any
matter in respect of which the notice was
issued.
19H. Injunctions for non-compliance with
10
notices
(1) The Authority may apply to the Supreme
Court for an injunction--
(a) to compel a person to comply with a
non-disturbance notice, improvement
15
notice or prohibition notice; or
(b) to restrain a person from contravening
such a notice.
(2) The Authority may do so whether or not
proceedings have been instituted for an
20
offence against this Act or the regulations in
connection with any matter in respect of
which the notice was issued.
Division 9--Other Powers
20. Power to require name and address
25
(1) An inspector may ask a person to state his or
her name and address if the inspector
reasonably believes that the person--
(a) may be able to assist in the
investigation of an indictable offence
30
under this Act that has been committed
or is suspected of having been
committed; or
81
551321B.I2-20/5/2005 BILL LA CIRCULATION 20/5/2005
Dangerous Goods and Equipment (Public Safety) Acts
(Amendment) Act 2005
Act No.
Part 3--Amendments to the Equipment (Public Safety) Act 1994
s. 27
(b) has committed or is about to commit an
offence (whether indictable or
summary) under this Act or the
regulations.
(2) The inspector must inform the person of the
5
grounds for his or her belief in sufficient
detail to allow the person to understand the
nature of the offence or suspected offence.
(3) A person who, in response to being asked to
state his or her name and address in
10
accordance with this section--
(a) refuses or fails to do so; or
(b) states a name that is false in a material
detail; or
(c) states an address other than the full and
15
correct address of his or her ordinary
place of residence or business--
is guilty of an offence and is liable to a fine
not exceeding 5 penalty units.
(4) A person who is asked to state his or her
20
name and address may ask the inspector to
produce his or her identity card for
inspection.
20A. Power to give directions
(1) An inspector may give a direction (either
25
orally or in writing) to a person at an
equipment site if the inspector reasonably
believes that it is necessary to do so because
of an immediate risk to the health or safety
of any person.
30
82
551321B.I2-20/5/2005 BILL LA CIRCULATION 20/5/2005
Dangerous Goods and Equipment (Public Safety) Acts
(Amendment) Act 2005
Act No.
Part 3--Amendments to the Equipment (Public Safety) Act 1994
s. 27
(2) A person must not, without reasonable
excuse, refuse or fail to comply with a
direction given to the person under sub-
section (1).
Penalty: 500 penalty units for a natural
5
person;
2500 penalty units for a body
corporate.
(3) An offence against sub-section (2) is an
indictable offence.
10
Note: However, the offence may be heard and
determined summarily (see section 53 of, and
Schedule 4 to, the Magistrates' Court Act
1989).
Division 10--Other Matters
15
21. People who must assist inspector
The following persons must not, without
reasonable excuse, refuse or fail to provide
such assistance as an inspector may
reasonably require for the performance of his
20
or her functions, or the exercise of his or her
powers, under this Act or the regulations--
(a) in relation to an equipment site, the site
manager;
(b) in relation to any other place, the
25
person who has the management or
control of the place for the time being;
83
551321B.I2-20/5/2005 BILL LA CIRCULATION 20/5/2005
Dangerous Goods and Equipment (Public Safety) Acts
(Amendment) Act 2005
Act No.
Part 3--Amendments to the Equipment (Public Safety) Act 1994
s. 27
(c) in relation to prescribed equipment, the
proprietor of the equipment and the
person who is in charge of the
equipment.
Penalty: 60 penalty units for a natural
5
person;
300 penalty units for a body
corporate.
21A. Other assistance in exercising powers
(1) For the purpose of exercising a power under
10
this Act or the regulations, an inspector may
seek the assistance of any person.
(2) If the power being exercised involves entry
to a place, the person assisting must be
allowed access to the place by the person
15
who has the management or control of the
place for the time being.
Penalty: 60 penalty units for a natural
person;
300 penalty units for a body
20
corporate.
(3) If an inspector uses the assistance of an
interpreter--
(a) any enquiry or request made by the
interpreter on the inspector's behalf is
25
taken to have been made by the
inspector; and
(b) any answer given to the interpreter is
taken to have been given to the
inspector.
30
84
551321B.I2-20/5/2005 BILL LA CIRCULATION 20/5/2005
Dangerous Goods and Equipment (Public Safety) Acts
(Amendment) Act 2005
Act No.
Part 3--Amendments to the Equipment (Public Safety) Act 1994
s. 27
21B. Inspector may take affidavits
An inspector is authorised to take affidavits
for any purpose relating or incidental to the
performance of his or her functions, or the
exercise of his or her powers, under this Act
5
or the regulations.
21C. Inspector may copy documents
An inspector may make copies of, or take
extracts from, a document or part of a
document given to the inspector in
10
accordance with a requirement under this
Act or the regulations.
Division 11--Offences
22. Offences in relation to inspections
(1) A person must not--
15
(a) intentionally hinder or obstruct an
inspector in the performance of his or
her functions, or in the exercise of his
or her powers, under this Act or the
regulations, or induce or attempt to
20
induce any other person to do so; or
(b) intentionally conceal from an inspector
the location or existence of any other
person or any equipment, substance or
other thing; or
25
(c) intentionally prevent, or attempt to
prevent, any other person from assisting
an inspector.
Penalty: 60 penalty units for a natural
person;
30
300 penalty units for a body
corporate.
85
551321B.I2-20/5/2005 BILL LA CIRCULATION 20/5/2005
Dangerous Goods and Equipment (Public Safety) Acts
(Amendment) Act 2005
Act No.
Part 3--Amendments to the Equipment (Public Safety) Act 1994
s. 27
(2) A person must not assault, directly or
indirectly intimidate or threaten, or attempt
to assault, intimidate or threaten, an
inspector, or a person assisting an inspector.
Penalty: Imprisonment for 2 years, or
5
240 penalty units, or both, for a
natural person;
1200 penalty units for a body
corporate.
22A. Offence to impersonate inspector
10
A person who is not an inspector must not, in
any way, hold himself or herself out to be an
inspector.
Penalty: 60 penalty units.
Division 12--Protections Concerning Self-
15
Incrimination and Legal Professional Privilege
23. Protection against self-incrimination
(1) A natural person may refuse or fail to give
information or do any other thing that the
person is required to do by or under this Act
20
or the regulations if giving the information,
or doing the other thing, would tend to
incriminate the person.
(2) However, sub-section (1) does not apply--
(a) to the production of a document or part
25
of a document that the person is
required by this Act or the regulations
to produce; or
(b) to the giving of a person's name or
address in accordance with section 20.
30
86
551321B.I2-20/5/2005 BILL LA CIRCULATION 20/5/2005
Dangerous Goods and Equipment (Public Safety) Acts
(Amendment) Act 2005
Act No.
Part 3--Amendments to the Equipment (Public Safety) Act 1994
s. 27
23A. Legal professional privilege not affected
Nothing in this Act or the regulations--
(a) entitles or requires a person to disclose
information that is the subject of legal
professional privilege; or
5
(b) affects the law or practice relating to
legal professional privilege.
__________________
PART 4--REVIEW OF DECISIONS
24. Which decisions are reviewable
(1) The following table sets out--
10
(a) decisions made under this Act that are
reviewable in accordance with this Part
("reviewable decisions"); and
(b) who is eligible to apply for a review of
a reviewable decision (the "eligible
15
person" in relation to the reviewable
decision).
(2) To avoid doubt, sections 4 and 5 of the
Victorian Civil and Administrative
Tribunal Act 1998 apply for the purposes of
20
this Act.
Note: Under section 4 of that Act, a person makes a
decision if the person refuses to make a decision or
an instrument, imposes a condition or restriction or
25 does or refuses to do any other act or thing. Section 5
of that Act sets out when a person's interests are
affected by a decision.
87
551321B.I2-20/5/2005 BILL LA CIRCULATION 20/5/2005
Dangerous Goods and Equipment (Public Safety) Acts
(Amendment) Act 2005
Act No.
Part 3--Amendments to the Equipment (Public Safety) Act 1994
s. 27
Provision
under which
reviewable
decision is Reviewable
made decision
Item Eligible person
1. Section 18(2) To impose (1) The owner of
terms and the seized thing.
conditions on
(2) A person who
the return of a
has an interest
seized thing
in the seized
thing.
(3) Any other
person whose
interests are
affected by the
decision.
2. Section To decide that (1) A person to
18A(1) a seized thing whom a notice
is forfeit of forfeiture is
issued under
section 18A(2).
(2) A person who
has an interest
in the seized
thing.
(3) Any other
person whose
interests are
affected by the
decision.
3. Section 19(1) To issue a (1) The person to
non- whom the
disturbance notice is issued.
notice
(2) Any other
person whose
interests are
affected by the
decision.
88
551321B.I2-20/5/2005 BILL LA CIRCULATION 20/5/2005
Dangerous Goods and Equipment (Public Safety) Acts
(Amendment) Act 2005
Act No.
Part 3--Amendments to the Equipment (Public Safety) Act 1994
s. 27
Provision
under which
reviewable
decision is Reviewable
made decision
Item Eligible person
4. Section To issue an (1) The person to
19A(1) improvement whom the
notice notice is issued.
(2) Any other
person whose
interests are
affected by the
decision.
5. Section To certify that (1) The person to
19A(3)(a) matters that whom the
are the subject notice was
of an issued.
improvement
(2) Any other
notice have
person whose
been
interests are
remedied
affected by the
decision.
6. Section To issue a (1) The person to
19B(1) prohibition whom the
notice notice is issued.
(2) Any other
person whose
interests are
affected by the
decision.
7. Section To certify that (1) The person to
19B(1) matters that whom the
are the subject notice was
of a issued.
prohibition
(2) Any other
notice have
person whose
been
interests are
remedied
affected by the
decision.
89
551321B.I2-20/5/2005 BILL LA CIRCULATION 20/5/2005
Dangerous Goods and Equipment (Public Safety) Acts
(Amendment) Act 2005
Act No.
Part 3--Amendments to the Equipment (Public Safety) Act 1994
s. 27
Provision
under which
reviewable
decision is Reviewable
made decision
Item Eligible person
8. Section 19D To vary or (1) The person to
cancel a non- whom the
disturbance notice was
notice, issued.
improvement
(2) Any other
notice or
person whose
prohibition
interests are
notice
affected by the
decision.
24A. Internal review
(1) An eligible person in relation to a reviewable
decision, other than a decision made by the
Authority, may apply to the Authority for a
review of the decision within--
5
(a) 14 days after the day on which the
decision first came to the eligible
person's notice; or
(b) such longer period as the Authority
allows.
10
(2) The application must be in the form
approved (in writing) by the Authority.
(3) If an application is made to the Authority in
accordance with this section, the Authority
must make a decision--
15
(a) to affirm or vary the reviewable
decision; or
(b) to set aside the reviewable decision and
to substitute another decision that the
Authority considers appropriate.
20
90
551321B.I2-20/5/2005 BILL LA CIRCULATION 20/5/2005
Dangerous Goods and Equipment (Public Safety) Acts
(Amendment) Act 2005
Act No.
Part 3--Amendments to the Equipment (Public Safety) Act 1994
s. 27
(4) The Authority must give a written notice to
the applicant setting out--
(a) the Authority's decision under
sub-section (3) and the reasons for the
decision; and
5
(b) the findings on material questions of
fact that led to the decision, referring to
the evidence or other material on which
those findings were based--
and must do so within 14 days after the
10
application is made or, if the reviewable
decision was made under section 19A(3)(a)
or 19B(1), within 7 days after the application
is made.
(5) If the Authority has not notified an applicant
15
of a decision in accordance with sub-
section (4), the Authority is taken to have
made a decision to affirm the reviewable
decision.
(6) The making of an application under this
20
section does not affect the operation of the
reviewable decision or prevent the taking of
any action to implement it unless the
Authority, on its own initiative or on the
application of the applicant for review, stays
25
the operation of the decision pending the
determination of the review.
(7) The Authority must make a decision on an
application for a stay within 24 hours after
the making of that application.
30
(8) If the Authority has not made a decision in
accordance with sub-section (7), the
Authority is taken to have made a decision to
grant a stay.
91
551321B.I2-20/5/2005 BILL LA CIRCULATION 20/5/2005
Dangerous Goods and Equipment (Public Safety) Acts
(Amendment) Act 2005
Act No.
Part 3--Amendments to the Equipment (Public Safety) Act 1994
s. 27
(9) The Authority may attach any conditions to a
stay of the operation of a reviewable decision
that it considers appropriate.
24B. Review by the Tribunal
(1) A person may apply to the Tribunal for a
5
review of--
(a) a reviewable decision made by the
Authority; or
(b) a decision made, or taken to have been
made, by the Authority under
10
section 24A in respect of a reviewable
decision (including a decision
concerning a stay of the operation of
the reviewable decision)--
if the person is an eligible person in relation
15
to the reviewable decision.
(2) The application must be made--
(a) if the decision is to forfeit a thing
(including a document) seized under
Part 3, within 28 days after the day on
20
which the decision first came to the
applicant's notice; or
(b) in the case of any other decision, within
14 days after the day on which the
decision first came to the applicant's
25
notice; or
(c) if the Authority is required by the
Victorian Civil and Administrative
Tribunal Act 1998 to give the
applicant a statement of reasons, within
30
14 days after the day on which the
applicant is given the statement--
whichever period ends last.'.
92
551321B.I2-20/5/2005 BILL LA CIRCULATION 20/5/2005
Dangerous Goods and Equipment (Public Safety) Acts
(Amendment) Act 2005
Act No.
Part 3--Amendments to the Equipment (Public Safety) Act 1994
s. 28
28. Consequential amendments
(1) In section 26 of the Equipment (Public Safety)
Act 1994--
(a) in sub-section (1), for "of this Act (except
sections 12(3) or (5), 25(2), 28(5) or (6),"
5
substitute "in Part 2, 5 or 6 (except sections
28(4), 28A,";
(b) in sub-section (2), for "this Act" substitute
"a provision of Part 2, 5 or 6";
(c) in sub-section (3), after "provision of" insert
10
"Part 3 or 4 or of".
(2) After section 26(3) of the Equipment (Public
Safety) Act 1994 insert--
"(4) An offence against a provision of Part 3 or 4
is only an indictable offence if an express
15
statement to that effect is made in that Part in
relation to the offence.".
29. Substitution of section 28
For section 28 of the Equipment (Public Safety)
Act 1994 substitute--
20
"28. Proceedings may be brought by the
Authority or inspectors
(1) Proceedings for an offence against this Act
may be brought only by--
(a) the Authority; or
25
(b) an inspector with the written
authorisation of the Authority (either
generally or in a particular case).
93
551321B.I2-20/5/2005 BILL LA CIRCULATION 20/5/2005
Dangerous Goods and Equipment (Public Safety) Acts
(Amendment) Act 2005
Act No.
Part 3--Amendments to the Equipment (Public Safety) Act 1994
s. 29
(2) An authorisation under sub-section (1)(b) is
sufficient authority to continue proceedings
in any case where the court amends the
charge, warrant or summons.
(3) An inspector who brings proceedings may
5
conduct the proceedings before the court.
(4) The Authority must issue, and publish in the
Government Gazette, general guidelines for
or with respect to the prosecution of offences
under this Act.
10
(5) Nothing in this section affects the ability of
the Director of Public Prosecutions to bring
proceedings for an indictable offence against
this Act.
28A. Procedure if prosecution is not brought
15
(1) If--
(a) a person considers that an offence
against this Act has occurred; and
(b) no prosecution has been brought in
respect of that occurrence within
20
6 months after that occurrence--
the person may request in writing that the
Authority bring a prosecution in respect of
that occurrence.
(2) Within 3 months after the Authority receives
25
a request it must--
(a) investigate the matter; and
(b) following the investigation, advise (in
writing) the person whether a
prosecution has been, or will be,
30
brought, or give reasons why a
prosecution will not be brought.
94
551321B.I2-20/5/2005 BILL LA CIRCULATION 20/5/2005
Dangerous Goods and Equipment (Public Safety) Acts
(Amendment) Act 2005
Act No.
Part 3--Amendments to the Equipment (Public Safety) Act 1994
s. 29
(3) If the Authority advises the person that a
prosecution will not be brought, the
Authority must refer the matter to the
Director of Public Prosecutions if the person
requests (in writing) that the Authority do so.
5
(4) The Director of Public Prosecutions must
consider the matter and advise (in writing)
the Authority whether or not the Director
considers that a prosecution should be
brought.
10
(5) The Authority must ensure that a copy of the
advice is sent to the person who made the
request and, if the Authority declines to
follow advice from the Director of Public
Prosecutions to bring proceedings, the
15
Authority must give the person written
reasons for its decision.
(6) The Authority must include in its annual
report, and publish on its website, a
statement setting out--
20
(a) the number of requests received by the
Authority under sub-section (1); and
(b) the number of cases in which the
Authority has advised under sub-
section (2)(b) that a prosecution has
25
been or will be brought, or will not be
brought; and
(c) the number of cases in which the
Director of Public Prosecutions has
advised under sub-section (4) that a
30
prosecution should be brought or
should not be brought.
95
551321B.I2-20/5/2005 BILL LA CIRCULATION 20/5/2005
Dangerous Goods and Equipment (Public Safety) Acts
(Amendment) Act 2005
Act No.
Part 3--Amendments to the Equipment (Public Safety) Act 1994
s. 30
28B. Limitation period for prosecutions
Proceedings for an indictable offence against
this Act may be brought--
(a) within 2 years after the offence is
committed or the Authority becomes
5
aware the offence was committed; or
(b) at any time with the written
authorisation of the Director of Public
Prosecutions.".
30. Substitution of section 29
10
For section 29 of the Equipment (Public Safety)
Act 1994 substitute--
"29. Judicial notice of Minister's signature etc.
All courts must take judicial notice of the
signature of--
15
(a) the Minister; or
(b) the chief executive of the Authority
(appointed under section 22 of the
Accident Compensation Act 1985); or
(c) the Chair of the Authority's Board of
20
Management--
on each document authorised or required to
be signed by the Minister, chief executive or
Chair (as the case may be) for the purposes
of this Act.".
25
96
551321B.I2-20/5/2005 BILL LA CIRCULATION 20/5/2005
Dangerous Goods and Equipment (Public Safety) Acts
(Amendment) Act 2005
Act No.
Part 3--Amendments to the Equipment (Public Safety) Act 1994
s. 31
31. Insertion of sections 31A31C
After section 31 of the Equipment (Public
Safety) Act 1994 insert--
'31A. Responsible agency for the Crown
(1) If the Crown is to be served with an
5
infringement notice, or proceedings are
brought against the Crown, for an offence
against this Act or the regulations, the
responsible agency in respect of the offence
may be specified in the infringement notice
10
or any document initiating, or relating to, the
proceedings (as the case may be).
(2) In this section, the "responsible agency" in
respect of an offence is the agency of the
Crown--
15
(a) whose acts or omissions are alleged to
constitute the offence; or
(b) if that agency has ceased to exist, that is
the successor of that agency; or
(c) if that agency has ceased to exist and
20
there is no clear successor, that the
court declares to be the responsible
agency.
(3) The responsible agency in respect of an
offence is entitled to act in proceedings
25
against the Crown for the offence and,
subject to any relevant rules of court, the
procedural rights and obligations of the
Crown as the accused in the proceedings are
conferred or imposed on the responsible
30
agency.
(4) The person prosecuting the offence may
change the responsible agency during the
proceedings with the court's leave.
97
551321B.I2-20/5/2005 BILL LA CIRCULATION 20/5/2005
Dangerous Goods and Equipment (Public Safety) Acts
(Amendment) Act 2005
Act No.
Part 3--Amendments to the Equipment (Public Safety) Act 1994
s. 31
31B. Infringement and other notices may be
issued to the Crown
(1) The Crown in any capacity may be issued
with an infringement notice for an offence
against this Act or the regulations.
5
Note: For infringement notices generally, see
section 27.
(2) If a notice is to be issued to the Crown under
Division 8 of Part 3 by an inspector, the
notice may be issued to the agency of the
10
Crown that would be the responsible agency
under section 31C if the Crown were
prosecuted for an offence of contravening
the notice.
31C. Proceedings against successors to public
15
bodies
(1) In this section, "public body" means--
(a) a body corporate representing the
Crown; or
(b) a State owned enterprise or
20
reorganising body (within the meaning
of the State Owned Enterprises Act
1992); or
(c) a Council (within the meaning of the
Local Government Act 1989); or
25
(d) a public entity (within the meaning of
the Public Administration Act 2004).
(2) Proceedings for an offence against this Act
or the regulations that were instituted against
a public body before its dissolution, or that
30
could have been instituted against a public
body if not for its dissolution, may be
continued or instituted against its successor
if the successor is a public body.
98
551321B.I2-20/5/2005 BILL LA CIRCULATION 20/5/2005
Dangerous Goods and Equipment (Public Safety) Acts
(Amendment) Act 2005
Act No.
Part 3--Amendments to the Equipment (Public Safety) Act 1994
s. 32
(3) An infringement notice served on a public
body for an offence against this Act or the
regulations is taken to be an infringement
notice served on its successor if the
successor is a public body.
5
(4) Similarly, any penalty paid by a public body
in respect of an infringement notice is taken
to be a penalty paid by its successor if the
successor is a public body.'.
32. Insertion of sections 34A34C
10
After section 34 of the Equipment (Public
Safety) Act 1994 insert--
"34A. Authority may accept undertakings
(1) The Authority may accept (by written notice)
a written undertaking given by a person in
15
connection with a matter relating to a
contravention, or alleged contravention, by
the person of this Act or the regulations.
(2) The person may withdraw or vary the
undertaking at any time, but only with the
20
Authority's written consent.
(3) Neither the Authority nor an inspector may
bring a proceeding for an offence against this
Act or the regulations constituted by the
contravention, or alleged contravention, to
25
which the undertaking relates.
34B. Enforcement of undertakings
(1) If the Authority considers that a person has
contravened an undertaking accepted by the
Authority, the Authority may apply to the
30
Magistrates' Court for enforcement of the
undertaking.
99
551321B.I2-20/5/2005 BILL LA CIRCULATION 20/5/2005
Dangerous Goods and Equipment (Public Safety) Acts
(Amendment) Act 2005
Act No.
Part 3--Amendments to the Equipment (Public Safety) Act 1994
s. 32
(2) If the Magistrates' Court is satisfied that the
person has contravened the undertaking, it
may make--
(a) an order that the person must comply
with the undertaking or take specified
5
action to comply with the undertaking;
or
(b) any other order that it considers
appropriate.
34C. Power to give advice on compliance
10
(1) The Authority may give advice to a person
who has a duty or obligation under this Act
or the regulations about complying with that
duty or obligation.
(2) The giving of such advice by the Authority
15
does not give rise to--
(a) any liability of, or other claim against,
the Authority; or
(b) any right, expectation, duty or
obligation that would not otherwise be
20
conferred or imposed on the person
given the advice; or
(c) any defence that would not otherwise
be available to that person.
(3) The Authority's power under this section to
25
give advice may also be exercised by an
inspector or, if the Authority authorises any
other person to exercise the power, that other
person.
30 Note: An inspector or other person exercising this
power may not be liable for things done or
omitted to be done in good faith (see
section 22(5) of the Accident Compensation
Act 1985).".
100
551321B.I2-20/5/2005 BILL LA CIRCULATION 20/5/2005
Dangerous Goods and Equipment (Public Safety) Acts
(Amendment) Act 2005
Act No.
Part 3--Amendments to the Equipment (Public Safety) Act 1994
s. 33
33. Insertion of section 35A
After section 35 of the Equipment (Public
Safety) Act 1994 insert--
"35A. Offence to give false or misleading
information
5
(1) A person must not give information in
complying or purportedly complying with
this Act or the regulations that the person
knows to be false or misleading in a material
particular.
10
Penalty: 240 penalty units for a natural
person;
1200 penalty units for a body
corporate.
(2) A person must not produce a document in
15
complying or purportedly complying with
this Act or the regulations that the person
knows to be false or misleading in a material
particular without--
(a) indicating the respect in which it is
20
false or misleading; and
(b) if practicable, providing correct
information.
Penalty: 240 penalty units for a natural
person;
25
1200 penalty units for a body
corporate.".
101
551321B.I2-20/5/2005 BILL LA CIRCULATION 20/5/2005
Dangerous Goods and Equipment (Public Safety) Acts
(Amendment) Act 2005
Act No.
Part 3--Amendments to the Equipment (Public Safety) Act 1994
s. 34
34. Substitution of Part 7
For Part 7 of the Equipment (Public Safety) Act
1994 substitute--
'PART 7--SAVINGS AND TRANSITIONAL
PROVISIONS--DANGEROUS GOODS AND
5
EQUIPMENT (PUBLIC SAFETY) ACTS
(AMENDMENT) ACT 2005
38. Definition
In this Part "amending Act" means the
Dangerous Goods and Equipment (Public
10
Safety) Acts (Amendment) Act 2005.
39. Interpretation of Legislation Act 1984 not
affected
Nothing in this Part limits or otherwise
affects the operation of the Interpretation of
15
Legislation Act 1984.
40. Amendments not to affect the
appointment of inspectors
On and after 1 July 2005--
(a) a person holding office as an inspector
20
under this Act immediately before that
date is deemed to be an inspector
appointed by the Authority under
section 12 (as inserted by the amending
Act); and
25
(b) a certificate of appointment provided to
the person under section 12(3) before
that date is deemed to be a certificate of
appointment given to the person under
section 12(2) (as inserted by the
30
amending Act); and
102
551321B.I2-20/5/2005 BILL LA CIRCULATION 20/5/2005
Dangerous Goods and Equipment (Public Safety) Acts
(Amendment) Act 2005
Act No.
Part 3--Amendments to the Equipment (Public Safety) Act 1994
s. 34
(c) an identification card provided to the
person under section 12(5) before that
date is deemed to be an identification
card issued to the person under section
12A (as inserted by the amending Act).
5
41. Continuation of improvement notices,
prohibition notices and certain directions
(1) An improvement notice issued under
section 22, or a prohibition notice issued
under section 23, that was in force
10
immediately before 1 July 2005 is, on and
after that date, deemed to be an improvement
notice or prohibition notice (as the case may
be) issued under Part 3 (as inserted by the
amending Act), and may be varied or
15
cancelled accordingly.
(2) A direction issued by an inspector under
section 24 that has effect immediately before
1 July 2005 continues, on and after that date,
to have that effect subject to any limitations
20
or conditions that applied immediately
before that date.
42. Application of provisions concerning
prosecutions
(1) Section 28 applies to proceedings for an
25
offence that are commenced on or after
1 July 2005.
(2) Section 28A only applies to alleged offences
occurring on or after 1 July 2005.
(3) Any guidelines issued under section 28(5)
30
that were in force immediately before 1 July
2005 are, on and after that date, deemed to
have been issued and published under
section 28(4) (as inserted by the amending
Act), and may be varied or revoked
35
accordingly.
103
551321B.I2-20/5/2005 BILL LA CIRCULATION 20/5/2005
Dangerous Goods and Equipment (Public Safety) Acts
(Amendment) Act 2005
Act No.
Part 3--Amendments to the Equipment (Public Safety) Act 1994
s. 34
43. Continuation of the Equipment (Public
Safety) (General) Regulations 1995
Despite section 5 of the Subordinate
Legislation Act 1994, the Equipment
(Public Safety) (General) Regulations 1995
5
continue until the earlier of--
(a) when they are revoked; or
(b) 1 July 2007.'.
__________________
104
551321B.I2-20/5/2005 BILL LA CIRCULATION 20/5/2005
Dangerous Goods and Equipment (Public Safety) Acts
(Amendment) Act 2005
Act No.
Part 4--Amendments to Other Acts
s. 35
PART 4--AMENDMENTS TO OTHER ACTS
35. Consequential amendment to the Accident
Compensation Act 1985
In section 21(10) of the Accident Compensation
Act 1985, for "section 14" substitute
5
"section 10B".
36. Consequential amendment to the Magistrates'
Court Act 1989
In Schedule 4 to the Magistrates' Court Act
1989--
10
(a) for clause 52A substitute--
"52A. Equipment (Public Safety) Act 1994
Indictable offences under the Equipment
(Public Safety) Act 1994, but the maximum
15 penalty that the Court may impose is--
(a) in the case of a natural person,
240 penalty units; and
(b) in the case of a body corporate,
1200 penalty units.";
(b) for clause 53A substitute--
20
"53A. Dangerous Goods Act 1985
Indictable offences under the Dangerous
Goods Act 1985, but the maximum penalty that
the Court may impose is--
25 (a) in the case of a natural person,
240 penalty units; and
(b) in the case of a body corporate,
1200 penalty units.".
105
551321B.I2-20/5/2005 BILL LA CIRCULATION 20/5/2005
Dangerous Goods and Equipment (Public Safety) Acts
(Amendment) Act 2005
Act No.
Part 4--Amendments to Other Acts
s. 37
37. Repeal of provision concerning road transport of
HCDG
In the Dangerous Goods Legislation
(Amendment) Act 2004--
(a) in section 2(2)--
5
(i) for "sections 7 and 16 come" substitute
"section 7 comes";
(ii) for "day or days" substitute "day";
(b) section 16 is repealed.
38. Repeal of outdated amendments
10
Sections 180(2) and 180(3) of the Occupational
Health and Safety Act 2004 are repealed.
106
551321B.I2-20/5/2005 BILL LA CIRCULATION 20/5/2005
Dangerous Goods and Equipment (Public Safety) Acts
(Amendment) Act 2005
Act No.
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
107
551321B.I2-20/5/2005 BILL LA CIRCULATION 20/5/2005
[Index] [Search] [Download] [Related Items] [Help]