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This is a Bill, not an Act. For current law, see the Acts databases.
2017
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Workplace Safety and Industrial Relations)
Contents
Page
Part 1.1Dangerous Goods (Road Transport) Act 200913
2017
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Workplace Safety and Industrial Relations)
Work Health and Safety Legislation Amendment Bill 2017
A Bill for
An Act to amend legislation about dangerous substances and work health and safety, and for other purposes
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Work Health and Safety Legislation Amendment Act 2017
.
This Act commences on 29 March 2018.
Note The naming and commencement provisions automatically commence on
the notification day (see
, s 75 (1)).
This Act amends the
and the
.
Note This Act also amends other legislation (see sch 1).
The following legislative instruments are repealed:
•
(NI2004-363)
•
(NI2005-317)
•
(NI2006-11)
•
(NI2009-331)
•
(DI2006-191)
•
(DI2006-192)
•
(DI2006-193).
Part 2 Dangerous Substances Act 2004
5 Exclusions from
Act
Section 7 (2)
omit
6 Relationship of regulations to
approved codes of practice and incorporated documents
Section 9 (2),
notes 1 to 3
omit
substitute
10 Meaning of dangerous substance
(1) In this Act:
dangerous substance means a substance that is—
(a) classified—
(i) as an explosive under the Australian Explosives Code; or
(ii) in class 1 (Explosives) under the ADG Code; or
(b) asbestos; or
(c) a security sensitive substance; or
(d) prescribed by regulation to be a dangerous substance; or
(e) declared under subsection (2) to be a dangerous substance.
Note Asbestos is also dealt with under the Work Health and Safety Act 2011
. See s 8 and s 8A for how these Acts interact.
(2) The Minister may declare a substance to be a dangerous substance.
(3) A declaration under subsection (2) is a disallowable instrument.
Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act
.
10A Meaning of security sensitive substance
(1) In this Act:
security sensitive substance means a substance that is—
(a) prescribed by regulation to be a security sensitive substance; or
(b) declared under subsection (2) to be a security sensitive substance.
(2) The Minister may declare a substance (other than an explosive) to be a security sensitive substance.
(3) A declaration under subsection (2) is a disallowable instrument.
Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act
.
8 Handle a dangerous
substance
Section 11, examples 1 and 3
omit
Australian Dangerous Goods Code
substitute
ADG Code
omit
10 Non-commercial handling of a
dangerous substance
Section 12, note
omit
11 Correctly classified for a
dangerous substance
Section 13 (1), note 1
omit
12 Correctly for packed, stored,
labelled and placarded
Section 14 (1), note 1
omit
13 Incorporated documents and approved
codes of practice may be considered
Section 22, note
omit
before part 3.1, insert
Part 3.1A Application—ch 3
22A Application
This chapter does not apply to asbestos or security sensitive substances.
Note Other duties may apply under the Work Health and Safety Act 2011
.
15 Meaning of close associate
for ch 4
Section 48 (1), note
omit
16 Review by internal
reviewer
Section 189 (2), note
omit
substitute
206 Inspection of incorporated documents
The director-general must ensure that an incorporated document is made available for inspection free of charge to the public on business days at reasonable times at the office of an administrative unit administered by the director-general.
18 Regulations may apply etc
instruments
New section 213 (2)
after the notes, insert
(2) The
, section 47 (6) does not apply in relation to the ADG Code if applied, adopted or incorporated under subsection (1).
Note The ADG Code does not need to be notified under the Legislation Act
because s 47 (6) does not apply (see Legislation Act
, s 47 (7)). The ADG Code is accessible at www.ntc.gov.au
.
19 Notification of certain incorporated
documents
Section 220
omit
20 Dictionary, new definition of ADG Code
insert
ADG Code (or Australian Dangerous Goods Code) means the Australian Code for the Transport of Dangerous Goods by Road and Rail, published by the Commonwealth, as in force from time to time.
21 Dictionary, definition of Australian Dangerous Goods Code
substitute
Australian Dangerous Goods Code—see ADG Code.
22 Dictionary, definition of Australian Explosives Code
substitute
Australian Explosives Code means the Australian Code for the Transport of Explosives by Road and Rail, published by the Commonwealth, as in force from time to time.
Note The Australian Explosives Code is accessible at www.safeworkaustralia.gov.au
.
23 Dictionary, definition of Australian Standard 1940
omit
24 Dictionary, definition of incorporated document
substitute
incorporated document means any of the following documents:
(a) the ADG Code;
(b) the Australian Explosives Code;
(c) an instrument applied, adopted or incorporated by regulation.
25 Dictionary, definitions of NOHSC approved criteria and NOHSC List of Designated Hazardous Substances
omit
26 Dictionary, new definition of security sensitive substance
insert
security sensitive substance—see
section 10A.
Part 3 Work Health and Safety Act 2011
after
health and safety
insert
, and for other purposes
substitute
Note 1 A reference to an Act includes a reference to statutory instruments made or in force under the Act, including any regulation and any law or instrument applied, adopted or incorporated by the Act (see Legislation Act
, s 104).
Note 2 Other legislation in force in the ACT relating to hazardous chemicals includes the following:
•
•
•
•
.
Note 3 See the
for provisions relating to hazardous materials incidents (which may include dangerous occurrences).
Note 4 See the
for the transport by road of certain hazardous chemicals that are classified as dangerous goods under that Act.
insert
(4) In this section:
hazardous chemical—see the Work Health and Safety Regulation 2011
, dictionary.
before section 12A, insert
12AA Application of Act to dangerous goods and high risk plant—sch 1
Schedule 1 provides for the application of this Act to dangerous goods and high risk plant.
31 Application of Act to dangerous
goods and high risk plant
Schedule 1 heading, new reference
insert
(see s 12AA)
substitute
2 For the purposes of section 1, a reference in this Act to—
(aa) a person conducting a business or undertaking includes a reference to a person in control of premises where the dangerous goods are stored or handled; and
(ab) a business or undertaking, or the conduct of a business or undertaking, includes a reference to the storage or handling of dangerous goods; and
(ac) a worker includes a reference to a person at the premises at or in which the dangerous goods are stored or handled; and
(a) carrying out work includes a reference to the storage or handling of dangerous goods; and
(b) a workplace includes a reference to the premises at or in which the dangerous goods are stored or handled; and
(ba) a work environment includes a reference to the environment at the premises at or in which the dangerous goods are stored or handled; and
(c) work health and safety (however expressed) includes a reference to public health and safety; and
(d) a business address includes a reference to the address of the premises where the dangerous goods are stored or handled.
33 Schedule 1, section 6, new definition of premises
insert
premises includes a vehicle, vessel, aircraft or other mobile structure.
Schedule 1 Consequential amendments
(see s 3)
Part 1.1 Dangerous Goods (Road Transport) Act 2009
insert
Note Dangerous goods law does not include the Dangerous Substances Act 2004
or the
because both of those Acts relate to the transport of dangerous goods by road. The interaction between this Act and the Dangerous Substances Act 2004
is dealt with in that Act, s 8. The interaction between this Act and
the
is dealt with in that Act, s 12.
Part 1.2 Dangerous Substances (Explosives) Regulation 2004
substitute
5 Disapplication of Legislation Act, s 47 (5)
The
, section 47 (5) does not apply in relation to the following instruments applied, adopted or incorporated under this regulation:
(a) an Australian Standard;
(b) Assessing Fitness to Drive;
(c) the UN Test Manual.
substitute
(h) meets the commercial vehicle driver medical standards required by Assessing Fitness to Drive; and
insert
(2) In this section:
class label—see the ADG Code.
Note 1 The ADG Code, s 7.1.1 (1) sets out the requirements for class labels for dangerous goods. Class labels are required to be attached to packages, containers and loads of dangerous goods and are used to identify the class of dangerous goods contained.
Note 2 The ADG Code does not need to be notified under the Legislation Act
because s 47 (6) does not apply (see Act, s 213 and Legislation Act
, s 47 (7)). The ADG Code is accessible at www.ntc.gov.au
.
omit
• Australian Dangerous Goods Code (see s 10 (3))
• Australian Explosives Code (see s 10 (3))
insert
• ADG Code
• Australian Explosives Code
[1.7] Dictionary, new definition of Assessing Fitness to Drive
insert
Assessing Fitness to Drive means Assessing Fitness to Drive: for Commercial and Private Vehicle Drivers, 3rd Edition, published by Austroads Inc., 2003, as in force on 15 September 2004.
Note Assessing Fitness to Drive does not need to be notified under the
because s 47 (5) does not apply (see s 5 and Legislation Act
, s 47 (7)). Assessing Fitness to Drive is accessible at www.austroads.com.au
.
[1.8] Dictionary, definitions of AS 2187.0 etc
substitute
AS 2187.0 means Australian Standard 2187.0 Explosives—Storage, transport and use—Terminology as in force on 15 September 2004.
Note AS 2187.0 does not need to be notified under the Legislation Act
because s 47 (5) does not apply (see s 5 and Legislation Act
, s 47 (7)). The standard may be purchased at www.standards.org.au
.
AS 2187.1 means Australian Standard 2187.1 Explosives—Storage, transport and use—Storage as in force on 15 September 2004.
Note AS 2187.1 does not need to be notified under the Legislation Act
because s 47 (5) does not apply (see s 5 and Legislation Act
, s 47 (7)). The standard may be purchased at www.standards.org.au
.
AS 2187.2 means Australian Standard 2187.2 Explosives—Storage, transport and use—Use of explosives as in force on 15 September 2004.
Note AS 2187.2 does not need to be notified under the Legislation Act
because s 47 (5) does not apply (see s 5 and Legislation Act
, s 47 (7)). The standard may be purchased at www.standards.org.au
.
AS 2187.4 means Australian Standard 2187.4 Explosives—Storage, transport and use—Pyrotechnics—Outdoor displays as in force on 15 September 2004.
Note AS 2187.4 does not need to be notified under the Legislation Act
because s 47 (5) does not apply (see s 5 and Legislation Act
, s 47 (7)). The standard may be purchased at www.standards.org.au
.
[1.9] Dictionary, definition of class label
omit
[1.10] Dictionary, definition of UN Test Manual
substitute
UN Test Manual means the Recommendations on the transport of dangerous goods: Manual of tests and criteria, 3rd revised edition, ISBN 92-1-139368-0, 1999, published by the United Nations, as in force on 15 September 2004.
Note The UN Test Manual does not need to be notified under the Legislation Act
because s 47 (5) does not apply (see s 5 and Legislation Act
, s 47 (7)). The UN Test Manual is accessible at www.unece.org
.
Part 1.3 Dangerous Substances (General) Regulation 2004
substitute
Note 1 The dictionary at the end of this regulation defines certain terms used in this regulation, and includes references (signpost definitions) to other terms defined elsewhere.
For example, the signpost definition ‘asbestos-related work—see the Work Health and Safety Regulation 2011
, dictionary.’ means that the term ‘asbestos-related work’ is defined in that dictionary and the definition applies to this regulation.
Note 2 A definition in the dictionary (including a signpost
definition) applies to the entire regulation unless the definition, or another
provision of the regulation, provides otherwise or the contrary intention
otherwise appears (see
, s 155 and s 156 (1)).
omit
omit
[1.14] Sections 303 to 305 and part 3.2
omit
substitute
400 Security sensitive substance—Act, s 10A
A substance mentioned in schedule 4, table 4.1, is prescribed.
omit
[1.17] Schedule 4, new section 4.1 (4)
insert
(4) In this section:
UN number, for a dangerous substance of a particular kind, means the identification serial number listed in the ADG Code for dangerous goods of the same kind.
Note See the ADG Code, s 1.1.3 (def UN number), appendix 1 and appendix 2.
omit
• Australian Dangerous Goods Code (see s 10 (3))
• Australian Standard 1940
• dangerous substance (see s 10; see also this regulation, s 200)
• NOHSC approved criteria (see s 10 (3))
• NOHSC List of Designated Hazardous Substances (see s 10 (3))
insert
• ADG Code
• dangerous substance (see s 10)
omit the definitions of
C1 combustible liquid
C2 combustible liquid
capacity
class
class label
combustible liquid
compatible
container
dangerous substance
emergency plan
emergency service
fire risk dangerous substance
flashpoint
good too dangerous to be transported
hazchem code
health and safety representative
importer
intermediate bulk container
International Air Transport Association Regulations
International Civil Aviation Organization Standards
International Maritime Dangerous Goods Code
in transit
manifest quantity
manifest quantity registrable premises
manufacturer
National Exposure Standards
non-registrable premises
package
packaged
packaging
packing group
pipework
placard quantity
placard quantity notice
placard quantity register
proper shipping name
registrable premises
retailer
risk assessment
safety data sheet
SDS
subsidiary risk
subsidiary risk label
supplier
tank
total quantity
transfer
UN number
Part 1.4 Magistrates Court (Dangerous Substances Infringement Notices) Regulation 2004
[1.21] Schedule 1, part 1.3, items 1 to 11
omit
Part 1.5 Major Events Act 2014
[1.22] Section 12 (1), definition of prohibited item, paragraph (a) (iv)
substitute
(iv) a hazardous chemical or explosive;
[1.23] Section 12 (2), definition of dangerous substance
omit
[1.24] Section 12 (2), new definition of hazardous chemical
insert
hazardous chemical—see the Work Health and Safety Regulation 2011
, dictionary.
Part 1.6 Medicines, Poisons and Therapeutic Goods Act 2008
substitute
Note The
,
and
may also apply to the discarding of a regulated substance.
substitute
Note The
,
and
may also apply to the discarding of a regulated substance.
Part 1.7 Planning and Development Act 2007
omit
dangerous substance
substitute
Schedule 11 hazardous chemical
omit
the land on which, or the building or structure in which, the
dangerous substance is to be stored is not registered
substitute
the land, building or structure is not registered as premises
[1.29] New section 134 (3B) to (3D)
insert
(3B) The director-general must make a list of the premises registered in the placard quantity register immediately before the commencement day (the placard quantity premises list).
(3C) The placard quantity premises list is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation Act
.
(3D) In any legal proceeding, the inclusion, or non-inclusion, of premises in the placard quantity premises list is evidence that the premises were, or were not, registered in the placard quantity register immediately before the commencement day.
[1.30] Section 134 (8), new definition of placard quantity register
insert
placard quantity register has the meaning given by the Dangerous Substances (General) Regulation 2004
, section 260 (Placard quantity register) as in force immediately before the commencement day.
Note The list of premises in the placard quantity register immediately before the commencement day is in the placard quantity premises list (see s (3B)).
[1.31] Schedule 4, section 4.1, new definitions
insert
commencement day—see section 134 (8).
placard quantity register—see section 134 (8).
Note The list of premises in the placard quantity register immediately before the commencement day is in the placard quantity premises list (see s 134 (3B)).
[1.32] Schedule 4, part 4.2, item 11, column 2
omit
dangerous substance on land, or in a building or structure on the land, that, immediately before the commencement day, was not registered
substitute
Schedule 11 hazardous chemical on land, or in a building or structure on the land, that, immediately before the commencement day, was not registered as premises
[1.33] Schedule 4, part 4.2, item 11, column 2, notes 1 and 2
omit
[1.34] Dictionary, definition of commencement day
insert
commencement day, for schedule 4 (Development proposals in impact track because of need for EIS)—see section 134 (8).
[1.35] Dictionary, definition of dangerous substance
omit
[1.36] Dictionary, definition of placard quantity
substitute
placard quantity—see the Work Health and Safety Regulation 2011
, dictionary.
[1.37] Dictionary, new definition of placard quantity premises list
insert
placard quantity premises list—see section 134 (3B).
[1.38] Dictionary, definition of placard quantity register
substitute
placard quantity register, for schedule 4 (Development proposals in impact track because of need for EIS)—see section 134 (8).
[1.39] Dictionary, new definition of Schedule 11 hazardous chemical
insert
Schedule 11 hazardous chemical—see the Work Health and Safety Regulation 2011
, dictionary.
Part 1.8 Road Transport (Alcohol and Drugs) Act 1977
[1.40] Section 4B (1) (h) (i) and note
substitute
(i) a vehicle on which a sign, marking or placard is required to be displayed under the—
(A)
; or
(B)
; or
(C)
; or
Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act
, s 104).
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 30 November 2017.
2 Notification
Notified under the
on 2017.
3 Republications of amended laws
For the latest republication of amended laws, see www.legislation.act.gov.au
.
© Australian Capital Territory 2017
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