DANGEROUS GOODS ACT 1985 - SECT 31 Persons required to take precautions
DANGEROUS GOODS ACT 1985 - SECT 31
Persons required to take precautionsS. 31(1) amended by Nos 66/2008 s. 19(2), 38/2019 s. 4(1).
(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—
S. 31(1)(a) amended by No. 66/2008 s. 19(1).
(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
S. 31(1)(b) amended by No. 66/2008 s. 19(1).
(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 a natural person, 1800 penalty units or imprisonment for 2 years; or
(b) in the case of a body corporate, 9000 penalty units.
In any other case—
(c) in the case of a natural person, 1800 penalty units; or
(d) in the case of a body corporate, 9000 penalty units.
S. 31(2) amended by Nos 66/2008 s. 19(3)(4), 38/2019 s. 4(2).
(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 a natural person, 1800 penalty units or imprisonment for 2 years; or
(b) in the case of a body corporate, 9000 penalty units.
In any other case—
(c) in the case of a natural person, 1800 penalty units; or
(d) in the case of a body corporate, 9000 penalty units.
S. 31(3) amended by No. 37/2014 s. 10(Sch. item 44.4).
(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 police officer or by a licensee or by the owner or occupier of the licensed premises and shall not resist such removal.
S. 31(4) amended by Nos 66/2008 s. 19(5)(6), 38/2019 s. 4(3).
(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 a natural person, 1800 penalty units or imprisonment for 2 years; or
(b) in the case of a body corporate, 9000 penalty units.
In any other case—
(c) in the case of a natural person, 1800 penalty units; or
(d) in the case of a body corporate, 9000 penalty units.
S. 31(5) repealed by No. 78/1995 s. 9(a), new s. 31(5) inserted by No. 66/2008 s. 19(7).
(5) An offence against subsection (1), (2) or (4) is an indictable offence.
Note to s. 31(5) amended by No. 68/2009 s. 97(Sch. item 44.7).
Note
However, the offence may be heard and determined summarily (see section 28 of the Criminal Procedure Act 2009 ).
S. 31A inserted by No. 66/2008 s. 20.