DANGEROUS GOODS SAFETY ACT 2004

Table of Provisions

• Long Title

PART 1 -- Preliminary  

• 1 Short title
 
• 2 Commencement
 
• 3 Terms used and abbreviations
 
• 4 Risk from dangerous goods, assessment of
 
• 5 Unreasonable harm, assessment of
 
• 6 Relationship with other laws
 
• 7 Crown bound

PART 2 -- General duties as to dangerous goods  

• 8 Duty to minimise risk from dangerous goods
 
• 9 Duty to report certain situations
 
• 10 Safety management documents
 
• 11 Unlicensed person involved with dangerous goods
 
• 12 Unlicensed possession of dangerous goods
 
• 13 Unregistered or unlicensed dangerous goods sites
 
• 14 Unlicensed vehicle transporting dangerous goods
 
• 15 Unlicensed driver transporting dangerous goods
 
• 16 Transporting goods too dangerous to transport
 
• 17 Aggravated offence, penalty for

PART 3 -- Regulations and codes of practice  

• 18 Regulations, general matters (Sch. 1)
 
• 19 Regulations may adopt codes or legislation
 
• 20 Codes of practice, approval of

PART 4 -- Exemptions  

• 21 Exemption may be granted by Minister
 
• 22 Exemption may be granted by Chief Officer
 
• 23 General provisions
 
• 24 Conditions of an exemption, failing to comply with

PART 5 -- Administration

Division 1 -- Chief Dangerous Goods Officer  

• 25 Chief Dangerous Goods Officer, appointment and functions
 
• 26 Chief Officer may delegate

Division 2 -- Dangerous goods officers  

• 27 Dangerous goods officers, appointment and extent of powers
 
• 28 Identification cards
 
• 29 Licences etc. under this Act not required

Division 3 -- General  

• 30 Minister may delegate
 
• 31 Police officers’ powers and immunities
 
• 32 Immunity from tortious liability

PART 6 -- Investigation and enforcement

Division 1 -- Preliminary  

• 33 Terms used

Division 2 -- Investigative powers  

• 34 Obtaining identifying particulars
 
• 35 Entering, inspecting and searching places
 
• 36 Stopping, entering, searching and inspecting vehicles
 
• 37 Seizing samples, evidence etc.
 
• 38 Obtaining records
 
• 39 Asking questions
 
• 40 Restricting access to sites of dangerous goods incidents and dangerous situations

Division 3 -- Entry warrants  

• 41 Term used: JP
 
• 42 Applying for an entry warrant
 
• 43 Applications, how they are to be made
 
• 44 Issuing an entry warrant
 
• 45 Effect of entry warrant

Division 4 -- Audits of dangerous goods sites  

• 46 Audit may be directed by Chief Officer

Division 5 -- Remedying dangerous and other situations  

• 47 Remediation notice
 
• 48 Chief Officer may approve earlier or immediate compliance with remediation notice
 
• 49 Contravention of remediation notice, action by DGO
 
• 50 Dangerous situation, emergency remedial measures
 
• 51 Recovering costs of government action

Division 6 -- General  

• 52 Directions, general matters
 
• 53 Ancillary powers and duties
 
• 54 Review by Chief Officer
 
• 55 Offences

PART 7 -- Legal proceedings  

• 56 Infringement notices
 
• 57 Prosecutions, who may commence
 
• 58 Evidentiary matters
 
• 59 Presumptions as to the contents of containers etc.
 
• 60 Corporations or employers, conduct on behalf of
 
• 61 Liability of officers for offence by body corporate
 
• 62 Defence of complying with code of practice
 
• 63 Continuing offences, penalties for
 
• 64 Forfeiture
 
• 65 Prohibiting offender from involvement with dangerous goods
 
• 66 Investigation costs, accused may be ordered to pay
 
• 67 Review of decisions under this Act

PART 8 -- Miscellaneous  

• 68 Protection from liability for volunteers etc.
 
• 68A Orders prohibiting possession of explosives
 
• 69 Review of Act
• SCHEDULE 1 -- Subjects for regulations