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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
LEGISLATIVE COUNCIL
Dangerous Goods (Transport)
(Consequential Provisions) Bill 1998
A Bill for
An Act to amend the Explosives and Dangerous Goods Act 1961 as a
consequence of the enactment of the Dangerous Goods (Transport)
Act 1998.
The Parliament of Western Australia enacts as follows:
5 1. Short title
This Act may be cited as the Dangerous Goods (Transport)
(Consequential Provisions) Act 1998.
page 1
No. 142 --1
Dangerous Goods (Transport) (Consequential Provisions) Bill 1998
s. 2
2. Commencement
This Act comes into operation on the day on which the
Dangerous Goods (Transport) Act 1998 comes into operation.
3. Principal Act
5 In this Act the Explosives and Dangerous Goods Act 1961* is
referred to as the principal Act.
[* Reprinted as at 21 November 1996.
For subsequent amendments see Act No.57 of 1997.]
4. Section 5 repealed
10 Section 5 of the principal Act is repealed.
5. Section 6 amended
(1) After section 6 (1) of the principal Act the following subsection
is inserted --
"
15 (1a) Notwithstanding subsection (1), if a provision of this
Act --
(a) that relates to the storage and handling of
explosives or dangerous goods; and
(b) that does not relate to the transport of
20 explosives or dangerous goods,
is inconsistent with a provision of the Dangerous Goods
(Transport) Act 1998, the provision of this Act prevails.
".
page 2
Dangerous Goods (Transport) (Consequential Provisions) Bill 1998
s. 6
(2) Section 6 (2) of the principal Act is amended by inserting after
"subsection (1)" the following --
" and (1a) ".
6. Section 7 amended
5 (1) Section 7 (1) of the principal Act is amended in the definition of
"blasting agent" by deleting "classified as an explosive" in the
2 places where it occurs and in each case substituting the
following --
" an authorized explosive ".
10 (2) Section 7 (1) of the principal Act is amended by deleting the
definition of "dangerous goods" and substituting the following
definition --
"
"dangerous goods" means a substance or article that is
15 prescribed to be dangerous goods;
".
(3) Section 7 (1) of the principal Act is amended by deleting the
definition of "explosive" and substituting the following
definition --
20 "
"explosive" means a substance or article that is
prescribed to be an explosive;
".
(4) Section 7 (1) of the principal Act is amended by deleting the
25 definition of "flash point".
page 3
Dangerous Goods (Transport) (Consequential Provisions) Bill 1998
s. 7
7. Heading to Part III, Division 1, deleted and a heading
substituted
The heading to Division 1 of Part III of the principal Act is
deleted and the following heading is substituted --
5 "
Division 1 -- Authorized explosives
".
8. Section 13 repealed
Section 13 of the principal Act is repealed.
10 9. Section 14 amended
(1) Section 14 (1) of the principal Act is repealed and the following
subsection is substituted --
"
(1) The Minister may from time to time by order declare
15 any specified explosive to be an authorized explosive
for the purposes of this Act.
".
(2) Section 14 (2) of the principal Act is amended --
(a) by deleting "classify or"; and
20 (b) by deleting "classifying" and substituting the
following --
" declaring ".
10. Part III, Division 7 repealed
Division 7 of Part III of the principal Act is repealed.
page 4
Dangerous Goods (Transport) (Consequential Provisions) Bill 1998
s. 11
11. Part IV, Division 1, repealed
Division 1 of Part IV of the principal Act is repealed.
12. Section 44 amended
Section 44 of the principal Act is amended --
5 (a) in subsection (1) by deleting "carriage or";
(b) in subsection (2) by deleting "carry, "; and
(c) in subsection (3) by deleting "carry, ".
13. Heading to Part IV, Division 2A, repealed and a heading
substituted
10 The heading to Division 2A of Part IV of the principal Act is
repealed and the following heading is substituted --
"
Division 2A -- Pipelines carrying dangerous goods
".
15 14. Sections 46A to 46C repealed
Sections 46A to 46C of the principal Act are repealed.
15. Section 48 amended
Section 48 (1) of the principal Act is amended --
(a) by deleting "or of any vehicle, vessel or aircraft used for
20 the carriage or storage of explosives or dangerous
goods, "; and
(b) by deleting ", carriage" in the 2 places where it occurs.
16. Section 49 repealed
Section 49 of the principal Act is repealed.
page 5
Dangerous Goods (Transport) (Consequential Provisions) Bill 1998
s. 17
17. Section 52 amended
Section 52 (1) of the principal Act is amended by deleting
"stipendiary magistrate sitting in a court of petty sessions" and
substituting the following --
5 " Local Court ".
18. Section 54 amended
Section 54 of the principal Act is amended --
(a) by deleting "or vehicle, vessel or aircraft"; and
(b) in paragraph (c) by deleting ", vehicle, vessel or aircraft".
10 19. Section 55 amended
Section 55 (2) of the principal Act is repealed.
20. Section 62 amended
Section 62 (2) of the principal Act is amended --
(a) by deleting paragraph (g);
15 (b) in paragraph (ha) by deleting ", conveyance";
(c) by inserting after paragraph (i) the following
paragraph --
"
(ia) providing for the classification of dangerous
20 goods and explosives;
";
(d) in paragraph (o) by deleting ", or in vehicles, vessels or
aircraft used for the carriage of explosives and dangerous
goods, ";
25 (e) by deleting the semi colon after paragraph (t) and
substituting a full stop; and
page 6
Dangerous Goods (Transport) (Consequential Provisions) Bill 1998
s. 21
(f) by deleting paragraph (u).
21. Section 63 amended
Section 63 of the principal Act is amended --
(a) in paragraph (c) by deleting "or conveyance" and "or
5 conveying";
(b) in paragraph (d) by deleting ", storage or carriage" and
substituting the following --
" or storage ";
(c) in paragraph (e) by deleting ", sale and conveyance" and
10 substituting the following --
" or sale ";
(d) by deleting the semi colon after paragraph (eb) and
substituting a full stop; and
(e) by deleting paragraph (f).
15 22. First Schedule repealed
The First Schedule to the principal Act is repealed.
23. Second Schedule repealed
The Second Schedule to the principal Act is repealed.
24. Third Schedule repealed
20 The Third Schedule to the principal Act is repealed.
25
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