Victorian Consolidated Legislation

Dangerous Goods Act 1985 - SECT 31

PART V ACCIDENTS AND SECURITY

Persons required to take precautions

31. Persons required to take precautions



(1) An occupier or person in charge of premises where dangerous goods are
manufactured, stored or sold, an owner or person in charge of a vehicle or
boat used to transport dangerous goods and a person who uses, handles or
transfers dangerous goods-

   (a)  must take all reasonable precautions for the prevention of-

   (i)  tampering, theft or unauthorized access;

   (ii) any fire or explosion;

   (iii) any leakage; or

   (iv) any damage to property or danger to the public incurred by an
        accident-

involving dangerous goods in the ownership, control or possession of that
person; and

   (b)  must not abandon, discard or otherwise neglect to dispose safely of
        any dangerous goods in the ownership, control or possession of that
        person.

Penalty: If the failure results in death or serious injury to a person-

   (a)  in the case of an individual, 500 penalty units or imprisonment for 2
        years; or

   (b)  in the case of a body corporate, 2500 penalty units. In any other
        case-

   (c)  in the case of an individual, 500 penalty units; or

   (d)  in the case of a body corporate, 2500 penalty units.

(2) A person must not without lawful authority or excuse (the burden of
proving which is on that person) do anything in or near any licensed premises
which causes or is likely to cause an accident involving dangerous goods.

Penalty: If the failure results in death or serious injury to a person-

   (a)  in the case of an individual, 500 penalty units or imprisonment for 2
        years; or

   (b)  in the case of a body corporate, 2500 penalty units. In any other
        case-

   (c)  in the case of an individual, 500 penalty units; or

   (d)  in the case of a body corporate, 2500 penalty units.

(3) Any person found offending against subsection (2) may be removed from the
licensed premises or from the vicinity of the licensed premises by an
inspector or by a member of the police force or by a licensee or by the owner
or occupier of the licensed premises and shall not resist such removal.

(4) A person who carries out any work involving the installation, alteration,
repair, maintenance or testing of equipment, piping, fittings or appliances
which are not prescribed as exempt for the purposes of this subsection must
take all reasonable precautions to ensure that the equipment, piping, fittings
or appliances-

   (a)  are safe for use; and

   (b)  will not cause or contribute to a fire, explosion, leakage or spillage
        involving dangerous goods.

Penalty: If the failure results in death or serious injury to a person-

   (a)  in the case of an individual, 500 penalty units or imprisonment for 2
        years; or

   (b)  in the case of a body corporate, 2500 penalty units. In any other
        case-

   (c)  in the case of an individual, 500 penalty units; or

   (d)  in the case of a body corporate, 2500 penalty units.

(5) An offence against subsection (1), (2) or (4) is an indictable offence.

Note However, the offence may be heard and determined summarily (see section
53 of, and Schedule 4 to, the Magistrates' Court Act 1989).