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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Dangerous Goods Safety Bill 2002
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
3. Interpretation and abbreviations 2
4. Risk from dangerous goods, assessment of 5
5. Unreasonable harm, assessment of 5
6. Relationship with other laws 6
7. Crown bound 6
Part 2 -- General duties as to
dangerous goods
8. Duty to minimise risk from dangerous goods 7
9. Duty to report certain situations 8
10. Safety management documents 8
11. Unlicensed person involved with dangerous goods 8
12. Unlicensed possession of dangerous goods 9
13. Unregistered or unlicensed dangerous goods sites 9
14. Unlicensed vehicle transporting dangerous goods 10
15. Unlicensed driver transporting dangerous goods 10
16. Transporting goods too dangerous to transport 11
17. Aggravated offence, penalty for 11
Part 3 -- Regulations and codes of
practice
18. Regulations, general matters (Sch. 1) 13
19. Regulations may adopt codes or legislation 14
20. Codes of practice, approval of 15
168--1 page i
Dangerous Goods Safety Bill 2002
Contents
Part 4 -- Exemptions
21. Exemption may be granted by Minister 17
22. Exemption may be granted by Chief Officer 17
23. General provisions 18
24. Conditions of an exemption, failing to comply with 19
Part 5 -- Administration
Division 1 -- Chief Dangerous Goods Officer
25. Chief Dangerous Goods Officer, appointment and
functions 20
26. Chief Officer may delegate 20
Division 2 -- Dangerous goods officers
27. Dangerous goods officers, appointment and extent of
powers 21
28. Identification cards 21
29. Licences etc. under this Act not required 21
Division 3 -- General
30. Minister may delegate 22
31. Police officers' powers and immunities 22
32. Immunity from tortious liability 22
Part 6 -- Investigation and enforcement
Division 1 -- Preliminary
33. Interpretation 24
Division 2 -- Investigative powers
34. Obtaining identifying particulars 25
35. Entering, inspecting and searching places 25
36. Stopping, entering, searching and inspecting vehicles 26
37. Seizing samples, evidence etc. 26
38. Obtaining records 27
39. Asking questions 28
40. Restricting access to sites of dangerous goods
incidents and dangerous situations 28
Division 3 -- Entry warrants
41. Interpretation 30
42. Applying for an entry warrant 30
43. Applications, how they are to be made 31
44. Issuing an entry warrant 33
page ii
Dangerous Goods Safety Bill 2002
Contents
45. Effect of entry warrant 33
Division 4 -- Audits of dangerous goods sites
46. Audit may be directed by Chief Officer 34
Division 5 -- Remedying dangerous and other
situations
47. Remediation notice 36
48. Chief Officer may approve earlier or immediate
compliance with remediation notice 38
49. Contravention of remediation notice, action by DGO 39
50. Dangerous situation, emergency remedial measures 39
51. Recovering costs of government action 40
Division 6 -- General
52. Directions, general matters 41
53. Ancillary powers and duties 42
54. Review by Chief Officer 43
55. Offences 43
Part 7 -- Legal proceedings
56. Infringement notices 45
57. Prosecutions, who may commence 46
58. Evidentiary matters 47
59. Presumptions as to the contents of containers etc. 48
60. Corporations or employers, conduct on behalf of 49
61. Body corporate's officers, liability of 50
62. Defence of complying with code of practice 51
63. Continuing offences, penalties for 51
64. Forfeiture 51
65. Prohibiting offender from involvement with
dangerous goods 52
66. Investigation costs, defendant may be ordered to pay 53
67. Appeal against decisions under this Act 54
Part 8 -- Miscellaneous
68. Protection from liability for volunteers etc. 55
69. Review of Act 55
70. Repeals and consequential amendments (Sch. 2) 55
Schedule 1 -- Subjects for regulations
1. Dangerous goods generally 56
2. Persons involved with dangerous goods 57
page iii
Dangerous Goods Safety Bill 2002
Contents
3. Possession, sale and supply of dangerous goods 57
4. Dangerous goods sites 58
5. Pipelines carrying dangerous goods 59
6. Packaging and labelling of dangerous goods 59
7. Transport of dangerous goods 60
8. Licences, registrations, permits and exemptions 61
9. Fees and charges 62
10. Miscellaneous 63
Schedule 2 -- Repeals and
consequential amendments
Division 1 -- Dangerous Goods (Transport) Act 1998
repealed 64
1. Dangerous Goods (Transport) Act 1998 repealed 64
Division 2 -- Explosives and Dangerous Goods
Act 1961 repealed 64
2. Explosives and Dangerous Goods Act 1961 repealed 64
3. Consequential amendments 65
Defined Terms
page iv
Western Australia
LEGISLATIVE ASSEMBLY
Dangerous Goods Safety Bill 2002
A Bill for
An Act relating to the safe storage, handling and transport of
dangerous goods and for related purposes.
The Parliament of Western Australia enacts as follows:
page 1
Dangerous Goods Safety Bill 2002
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This Act may be cited as the Dangerous Goods Safety Act 2002.
2. Commencement
5 (1) This Act comes into operation on a day fixed by proclamation.
(2) Different days may be fixed under subsection (1) for different
provisions.
3. Interpretation and abbreviations
(1) In this Act, unless the contrary intention appears --
10 "approved" means approved by the Chief Officer;
"Chief Officer" means the person appointed under
section 25(2);
"container" means any container, package or other thing
capable of containing dangerous goods, or an assemblage
15 of such containers, packages or things, but does not include
a pipeline;
"dangerous goods" means a substance or article that is --
(a) prescribed by the regulations to be dangerous goods;
or
20 (b) determined by the Chief Officer under the regulations
to be dangerous goods;
"dangerous goods incident" means any incident that involved
dangerous goods and that caused or, but for intervening
events, could have caused --
25 (a) the death of an individual, unreasonable bodily injury
to an individual that interferes with his or her health
or comfort, or unreasonable harm to the health of an
individual;
(b) significant and unreasonable damage or harm to
30 property or the environment;
page 2
Dangerous Goods Safety Bill 2002
Preliminary Part 1
s. 3
"dangerous goods officer" ("DGO") means a person appointed
as such under section 27;
"dangerous goods site" means a place --
(a) where dangerous goods were or are, or are intended
5 to be, stored or handled; or
(b) where the loading or unloading of dangerous goods in
connection with transporting them was or is, or is
intended to be, carried out;
"dangerous situation" means a situation where there is an
10 imminent and high risk to people, property or the
environment from dangerous goods;
"driver", in relation to a vehicle, means the person driving or in
charge of the vehicle and includes the master of a vehicle
transporting people or things by water;
15 "exemption" means an exemption granted under Part 4 and
includes such an exemption as amended from time to time;
"give", in relation to any document or information, includes
(without limiting sections 75 and 76 of the Interpretation
Act 1984) sending the document or information by remote
20 communication;
"handle", in relation to dangerous goods, includes to
manufacture, process, pack, use, sell, supply, carry
(including by pipeline), and treat the dangerous goods and
to destroy or otherwise dispose of dangerous goods;
25 "record" means any record of information, irrespective of how
the information is recorded or stored or able to be
recovered and includes --
(a) any thing from which images, sounds or writings can
be reproduced, with or without the aid of anything
30 else; and
(b) any thing on which information is recorded or stored,
whether electronically, magnetically, mechanically or
by some other means;
page 3
Dangerous Goods Safety Bill 2002
Part 1 Preliminary
s. 3
"remote communication" means any way of communicating at
a distance including by telephone, fax, email and radio;
"risk", in relation to dangerous goods, means --
(a) in relation to people -- the probability of the goods
5 causing the death of, unreasonable injury to, or
unreasonable harm to the health of, one or more
individuals;
(b) in relation to property or the environment -- the
probability of dangerous goods causing unreasonable
10 damage or harm to property or the environment;
"safety management document" means a document that the
regulations require to be prepared in relation to --
(a) the safe storage, handling or transport of dangerous
goods; or
15 (b) dealing with emergencies involving dangerous goods,
and that the regulations prescribe to be a safety
management document;
"specified", in relation to an order, exemption, notice, or
direction, means specified in the order, exemption, notice,
20 or direction, as the case may be;
"substance" means a solid, liquid or gas or a mixture of them;
"transport", in relation to dangerous goods, means the
transport of dangerous goods by vehicle and includes --
(a) the packing, loading and unloading of the goods, and
25 the transfer of the goods to or from a vehicle, for the
purpose of their transport;
(b) the labelling, marking or placarding of containers and
vehicles in which the goods are transported; and
(c) other matters incidental to the transport of the goods;
30 "vehicle" means any thing capable of transporting people or
things by road, rail or water, including a hovercraft, and it
does not matter how the thing is moved or propelled.
page 4
Dangerous Goods Safety Bill 2002
Preliminary Part 1
s. 4
(2) In this Act these abbreviations are used --
"DGO" for dangerous goods officer.
4. Risk from dangerous goods, assessment of
For the purposes of this Act, the risk to people, property or the
5 environment from dangerous goods is to be assessed having
regard to --
(a) public knowledge about the intrinsic potential of the
goods to cause death or injury to, or harm to the health
of, individuals, or damage or harm to property or the
10 environment;
(b) the situation of the goods; and
(c) all relevant surrounding circumstances.
5. Unreasonable harm, assessment of
(1) In this section --
15 "harm" means --
(a) injury to, or harm to the health of, an individual; or
(b) damage or harm to property or the environment.
(2) For the purposes of this Act, harm from dangerous goods is
capable of being unreasonable --
20 (a) if it was caused by accident;
(b) if it was reasonably foreseeable but was not foreseen by
the person who had the control or management of the
goods at the time the harm occurred;
(c) if it was caused without the consent of the person
25 harmed or the owner of the property harmed;
(d) if it was caused by an unlawful act; or
(e) if its severity was in all the circumstances unreasonable.
page 5
Dangerous Goods Safety Bill 2002
Part 1 Preliminary
s. 6
6. Relationship with other laws
(1) This Act does not apply to a pipeline, carrying dangerous goods,
to which the Gas Standards Act 1972, Petroleum Pipelines
Act 1969 or Petroleum (Submerged Lands) Act 1982 applies.
5 (2) If another written law applies to or in respect of dangerous
goods, that law applies in addition to this Act, unless
subsection (3) or (4) applies or this Act expressly provides
otherwise.
(3) If a provision of this Act conflicts or is inconsistent with a
10 provision of another written law that applies to or in relation to
dangerous goods, the provision of this Act prevails, unless
subsection (4) applies.
(4) If a provision of this Act conflicts or is inconsistent with a
provision of another written law that applies to or in relation to
15 dangerous goods of a category that is prescribed for the
purposes of this subsection by regulations made under this Act,
the provision of the other written law prevails.
7. Crown bound
This Act binds the Crown in the right of Western Australia and,
20 so far as the legislative capacity of Parliament permits, in all its
other capacities.
page 6
Dangerous Goods Safety Bill 2002
General duties as to dangerous goods Part 2
s. 8
Part 2 -- General duties as to dangerous goods
8. Duty to minimise risk from dangerous goods
(1) A person who is involved directly or indirectly in storing,
handling or transporting dangerous goods must take all
5 reasonably practicable measures to minimise the risk to people,
property and the environment from the goods.
Penalty:
(a) for an individual, $100 000 or imprisonment for
4 years or both;
10 (b) for a body corporate, $500 000.
(2) For the purposes of subsection (1), whether measures are
reasonably practicable is to be determined having regard to --
(a) the severity of the risk to people, property or the
environment from the goods;
15 (b) the severity of any injury, harm or damage that might be
caused by the goods to people, property or the
environment;
(c) public knowledge about the matters in paragraphs (a)
and (b);
20 (d) public knowledge about means to reduce or eliminate
the risk referred to in paragraph (a) or to reduce the
severity referred to in paragraph (b); and
(e) the availability, suitability and cost of those means.
(3) If an individual is involved directly or indirectly in storing,
25 handling or transporting dangerous goods the reference in
subsection (1) to people includes a reference to the individual.
page 7
Dangerous Goods Safety Bill 2002
Part 2 General duties as to dangerous goods
s. 9
9. Duty to report certain situations
(1) In this section --
"reportable situation" means a situation that involves
dangerous goods and that is prescribed by the regulations to
5 be a reportable situation.
(2) If in the course of storing, handling or transporting dangerous
goods a reportable situation arises, any person who to any extent
has the control or management of the dangerous goods involved
must as soon as reasonably practicable report the situation to a
10 DGO.
Penalty: $50 000.
(3) The regulations may prescribe information to be included in the
report required by subsection (2).
(4) It is a defence to a charge of an offence under subsection (2) to
15 prove that the person charged honestly and reasonably believed
that another person to whom subsection (2) applies had reported
the event.
10. Safety management documents
A person commits an offence if --
20 (a) the regulations require the person to prepare a safety
management document; and
(b) the person does not prepare the document in accordance
with the regulations.
Penalty:
25 (a) for an individual, $50 000 or imprisonment for
2 years or both;
(b) for a body corporate, $250 000.
11. Unlicensed person involved with dangerous goods
(1) In this section --
30 "licence" includes an accreditation and a permit.
page 8
Dangerous Goods Safety Bill 2002
General duties as to dangerous goods Part 2
s. 12
(2) A person who engages in an activity relating to the storage,
handling or transport of dangerous goods, other than an activity
to which section 12, 13 or 15 applies, commits an offence if --
(a) the regulations require the person to hold a licence to
5 engage in the activity; and
(b) the person does not hold a licence under the regulations.
Penalty:
(a) for an individual, $50 000 or imprisonment for
2 years or both;
10 (b) for a body corporate, $250 000.
12. Unlicensed possession of dangerous goods
A person who is in possession of dangerous goods commits an
offence if --
(a) the regulations require the person to have a licence or
15 permit to possess the dangerous goods; and
(b) the person does not have a licence or permit under the
regulations.
Penalty:
(a) for an individual, $50 000 or imprisonment for
20 2 years or both;
(b) for a body corporate, $250 000.
13. Unregistered or unlicensed dangerous goods sites
A person who has the control or management of a dangerous
goods site commits an offence if --
25 (a) the regulations require the site to be licensed; and
(b) the site is not licensed under the regulations.
Penalty:
(a) for an individual, $50 000 or imprisonment for
2 years or both;
30 (b) for a body corporate, $250 000.
page 9
Dangerous Goods Safety Bill 2002
Part 2 General duties as to dangerous goods
s. 14
14. Unlicensed vehicle transporting dangerous goods
(1) A person who, whether as the owner within the meaning of the
Road Traffic Act 1974 of the vehicle or otherwise, uses or
permits or authorises the use of a vehicle to transport dangerous
5 goods commits an offence if --
(a) the regulations require the vehicle to be licensed to
transport the dangerous goods; and
(b) the vehicle is not licensed under the regulations.
Penalty:
10 (a) for an individual, $50 000 or imprisonment for
2 years or both;
(b) for a body corporate, $250 000.
(2) A person, other than the owner within the meaning of the Road
Traffic Act 1974 of the vehicle, who drives a vehicle
15 transporting dangerous goods commits an offence if --
(a) the regulations require the vehicle to be licensed to
transport the dangerous goods; and
(b) the person knows the vehicle is not licensed under the
regulations.
20 Penalty: $10 000.
15. Unlicensed driver transporting dangerous goods
(1) A person who employs, engages or permits another person to
drive a vehicle transporting dangerous goods commits an
offence if --
25 (a) the regulations require the driver to be licensed to drive
the vehicle; and
(b) the driver is not licensed under the regulations.
Penalty:
(a) for an individual, $50 000 or imprisonment for
30 2 years or both;
(b) for a body corporate, $250 000.
page 10
Dangerous Goods Safety Bill 2002
General duties as to dangerous goods Part 2
s. 16
(2) A person who is the owner within the meaning of the Road
Traffic Act 1974 of a vehicle transporting dangerous goods and
who drives the vehicle commits an offence if --
(a) the regulations require the person to be licensed to drive
5 the vehicle; and
(b) the person is not licensed under the regulations.
Penalty: $50 000 or imprisonment for 2 years or both.
(3) A person who drives a vehicle transporting dangerous goods,
other than in the circumstances described in subsection (2),
10 commits an offence if --
(a) the regulations require the driver to be licensed to drive
the vehicle; and
(b) the person is not licensed under the regulations.
Penalty: $10 000.
15 16. Transporting goods too dangerous to transport
A person who transports goods that are prescribed by
regulations to be goods too dangerous to transport commits an
offence.
Penalty:
20 (a) for an individual, $50 000 or imprisonment for
2 years or both;
(b) for a body corporate, $250 000.
17. Aggravated offence, penalty for
(1) In this section --
25 "aggravated circumstances" means circumstances in which,
immediately before or during the commission of the
offence, the offender knew, or ought reasonably to have
known, that the commission of the offence would, or be
likely to, endanger --
30 (a) the safety or health of a person (including the
offender); or
page 11
Dangerous Goods Safety Bill 2002
Part 2 General duties as to dangerous goods
s. 17
(b) property or the environment.
(2) A person who commits an offence under any of sections 11
to 16 or the regulations in aggravated circumstances is liable --
(a) for an individual, to a fine of $100 000 or imprisonment
5 for 4 years or both; or
(b) for a body corporate, to a fine of $500 000.
page 12
Dangerous Goods Safety Bill 2002
Regulations and codes of practice Part 3
s. 18
Part 3 -- Regulations and codes of practice
18. Regulations, general matters (Sch. 1)
(1) The Governor may make regulations prescribing all matters that
are required or permitted by this Act to be prescribed or are
5 necessary or convenient to be prescribed for giving effect to the
purposes of this Act.
(2) Without limiting subsection (1), regulations may be made for all
or any of the purposes, or about all or any of the matters, set out
in Schedule 1.
10 (3) Regulations may create offences and may provide for any such
offence a maximum penalty of --
(a) for an individual, a fine of $10 000 with or without
imprisonment for 10 months;
(b) for a body corporate, a fine of $50 000.
15 (4) Regulations may control an activity by prohibiting it from being
carried out by a person except under a licence or a permit issued
by the Chief Officer to the person.
(5) Regulations may control the possession of dangerous goods by a
person by prohibiting it except under a licence or a permit
20 issued by the Chief Officer to the person.
(6) Regulations may control the possession, storage, handling or
transport of particular dangerous goods by prohibiting them
from being possessed, stored, handled or transported unless the
goods are authorised by the Chief Officer.
25 (7) Regulations may control the use of a place by prohibiting it
from being used unless it is licensed by the Chief Officer.
(8) Regulations may control the use of a thing or the use of plant or
equipment, by prohibiting it from being used unless it is
authorised by the Chief Officer.
page 13
Dangerous Goods Safety Bill 2002
Part 3 Regulations and codes of practice
s. 19
(9) Regulations may control the use of a vehicle, by prohibiting it
from being used unless it is licensed by the Chief Officer.
(10) Regulations may be made in relation to a reserve (within the
meaning of the Land Administration Act 1997) on which
5 activities relating to the storage, handling or transport of
dangerous goods are carried out, but the regulations must not be
inconsistent with that Act and in particular with --
(a) the order in effect under section 41 of that Act in
relation to the reserve; and
10 (b) any management order in effect under section 46 of that
Act in relation to the reserve.
19. Regulations may adopt codes or legislation
(1) In this section --
"code" means a code, standard, rule, specification or other
15 document, made in or outside Australia, that does not by
itself have legislative effect in this State;
"subsidiary legislation" includes rules, regulations and
instructions.
(2) Regulations may adopt, either wholly or in part or with
20 modifications --
(a) any code; or
(b) any subsidiary legislation made, determined or issued
under any other Act or under any Act of the
Commonwealth, another State or a Territory.
25 (3) If the regulations adopt a code or subsidiary legislation, it is
adopted as in force from time to time unless the regulations
specify that a particular text is adopted.
(4) If the regulations adopt a code or subsidiary legislation, the
Chief Officer must --
30 (a) ensure that a copy of the code or subsidiary legislation,
including any amendments made to it from time to time
page 14
Dangerous Goods Safety Bill 2002
Regulations and codes of practice Part 3
s. 20
that have been adopted, is available, without charge, for
public inspection;
(b) publish a notice in the Gazette giving details of where
such documents may be inspected or obtained; and
5 (c) if the regulations adopt a code or subsidiary legislation
as in force from time to time and the code or subsidiary
legislation is subsequently amended, publish in the
Gazette a notice of the amendment.
20. Codes of practice, approval of
10 (1) For the purpose of providing practical guidance to persons
engaged, directly or indirectly, in storing, handling or
transporting dangerous goods, the Minister may approve any
code of practice as in force from time to time or as in force at a
particular time.
15 (2) A code of practice --
(a) may consist of any code, standard, rule, specification or
provision relating to the storage, handling or transport of
dangerous goods published by a body recognised as
having an expertise on the subject; and
20 (b) may incorporate by reference any other such document
as in force from time to time or as in force at a particular
time.
(3) The Minister may approve any revision of the whole or any part
of a code of practice.
25 (4) The Minister may cancel the approval of a code of practice.
(5) The Chief Officer must --
(a) publish a notice in the Gazette giving details of any
approval or cancellation made under this section;
(b) ensure that a copy of every approved code of practice,
30 including any revision of the code and any document
incorporated in it by reference, is available, without
charge, for public inspection; and
page 15
Dangerous Goods Safety Bill 2002
Part 3 Regulations and codes of practice
s. 20
(c) publish a notice in the Gazette giving details of where
such documents may be inspected or obtained.
(6) An approval or cancellation made under this section comes into
force on the day on which notice of it is published in the Gazette
5 or on a later date specified in the notice.
(7) A code of practice approved under this section is a regulation
for the purpose of section 42 of the Interpretation Act 1984.
(8) A person is not liable in any civil or criminal proceeding only
because the person has not complied with a provision of an
10 approved code of practice.
page 16
Dangerous Goods Safety Bill 2002
Exemptions Part 4
s. 21
Part 4 -- Exemptions
21. Exemption may be granted by Minister
(1) The Minister, by order published in the Gazette, may exempt --
(a) a specified place, vehicle or thing, or a specified class of
5 places, vehicles or things;
(b) a specified activity relating to the storage, handling or
transport of dangerous goods, or a specified class of
such activities;
(c) specified dangerous goods, a specified class of
10 dangerous goods or all dangerous goods;
(d) a specified person or a specified class of person,
from all or specified provisions of the regulations.
(2) An exemption granted under subsection (1) may be granted
indefinitely or for a specified period.
15 (3) The Minister, by order published in the Gazette, may amend or
cancel an exemption granted under subsection (1).
(4) Section 42 of the Interpretation Act 1984 applies to an order
made under this section as if the order were regulations.
22. Exemption may be granted by Chief Officer
20 (1) The Chief Officer, in writing, may exempt --
(a) a specified place, vehicle or thing, or a specified class of
places, vehicles or things;
(b) a specified activity relating to the storage, handling or
transport of dangerous goods, or a specified class of
25 such activities;
(c) specified dangerous goods, a specified class of
dangerous goods or all dangerous goods;
(d) a specified person or a specified class of person,
from a specified provision of the regulations.
page 17
Dangerous Goods Safety Bill 2002
Part 4 Exemptions
s. 23
(2) The Chief Officer must not grant an exemption under
subsection (1) unless satisfied --
(a) that circumstances exist in which it is not reasonably
practicable to comply with the specified provision of the
5 regulations; and
(b) that the exemption --
(i) would not result in an increased risk to people,
property or the environment from dangerous
goods; and
10 (ii) would not cause unnecessary administrative or
enforcement difficulties.
(3) An exemption granted under subsection (1) must be granted for
a specified period.
(4) The Chief Officer, in writing, may amend or cancel an
15 exemption granted under this section.
23. General provisions
(1) In this section --
"exemption" means an exemption granted under this Part;
"national scheme" means a scheme involving substantially
20 uniform laws that operate in a majority of Australian
jurisdictions.
(2) An exemption may be granted on an application to, or on the
initiative of, the Minister or the Chief Officer, as the case
requires.
25 (3) An exemption may be granted subject to specified conditions.
(4) If an exemption is granted subject to a specified condition, the
exemption has no effect at any time when the condition is being
contravened.
(5) In deciding whether to grant an exemption under this Part from
30 a regulation operating as part of a national scheme, the Minister
or the Chief Officer, as the case requires, should take into
page 18
Dangerous Goods Safety Bill 2002
Exemptions Part 4
s. 24
account the effect the exemption would have on the operation of
the scheme.
(6) If an exemption is granted to a specified person --
(a) it must be given to the person; and
5 (b) it comes into operation on the day it is given to the
person or on a later date specified in the exemption.
(7) If an exemption is not granted to a specified person --
(a) it must be published in the Gazette; and
(b) it comes into operation on the day on which it is so
10 published or on a later date specified in the exemption.
(8) The Chief Officer must keep a register of every exemption
granted and make the register available, without charge, for
public inspection.
(9) If an exemption from a regulation operating as part of a national
15 scheme is granted to a specified class of persons or for longer
than 6 months the Chief Officer must notify the appropriate
authorities in the other Australian jurisdictions.
24. Conditions of an exemption, failing to comply with
A person to whom an exemption granted under this Part applies
20 who contravenes any condition to which the exemption is
subject commits an offence.
Penalty:
(a) for an individual, $10 000 or imprisonment for
10 months or both;
25 (b) for a body corporate, $50 000.
page 19
Dangerous Goods Safety Bill 2002
Part 5 Administration
Division 1 Chief Dangerous Goods Officer
s. 25
Part 5 -- Administration
Division 1 -- Chief Dangerous Goods Officer
25. Chief Dangerous Goods Officer, appointment and functions
(1) There is to be a position in the Public Service named the Chief
5 Dangerous Goods Officer, or such other name as the Minister
declares by notice in the Gazette.
(2) The Minister, by notice in the Gazette, may appoint a person to
the position.
(3) The person appointed to the position may also hold another
10 appointment in the Public Service.
(4) The Chief Officer --
(a) has and may perform all the functions of a DGO; and
(b) when performing those functions, has all the immunities
of a DGO.
15 26. Chief Officer may delegate
(1) The Chief Officer may delegate to a DGO any power or duty of
the Chief Officer under another provision of this Act other than
the powers and duties in sections 48 and 54.
(2) The delegation must be in writing signed by the Chief Officer.
20 (3) A DGO exercising or performing a power or duty that has been
delegated under this section, is to be taken to do so in
accordance with the terms of the delegation unless the contrary
is shown.
(4) Nothing in this section limits the ability of the Chief Officer to
25 perform a function through an officer or agent.
page 20
Dangerous Goods Safety Bill 2002
Administration Part 5
Dangerous goods officers Division 2
s. 27
Division 2 -- Dangerous goods officers
27. Dangerous goods officers, appointment and extent of powers
(1) The Chief Officer, by notice in the Gazette, may appoint
persons, or a class of persons, to be dangerous goods officers.
5 (2) The appointment of a DGO may specify that the appointment is
subject to conditions or restrictions relating to --
(a) the functions that may be performed by the DGO; or
(b) when, where and in what circumstances the DGO may
perform the functions of a DGO.
10 28. Identification cards
(1) The Chief Officer must issue an identification card containing
details prescribed by the regulations to each DGO.
(2) A DGO should --
(a) carry his or her identification card while performing
15 functions under this Act; and
(b) if it is practicable to do so, produce it before exercising a
power of a DGO under this Act.
(3) A person who has been issued with an identification card and
who ceases to be a DGO must return the card to the Chief
20 Officer as soon as practicable.
(4) A person who contravenes subsection (3) without reasonable
excuse, the onus of proving which is on the person, commits an
offence and is liable to a fine of $400.
29. Licences etc. under this Act not required
25 A provision of this Act that requires a person --
(a) to hold a licence, permit or accreditation in order to
handle, store or transport dangerous goods; or
(b) to transport dangerous goods in a vehicle licensed to do
so,
30 does not apply to a DGO in the course of duty.
page 21
Dangerous Goods Safety Bill 2002
Part 5 Administration
Division 3 General
s. 30
Division 3 -- General
30. Minister may delegate
(1) The Minister may delegate to the Chief Officer any power or
duty of the Minister under another provision of this Act, other
5 than the powers in sections 21 and 25.
(2) The delegation must be in writing signed by the Minister.
(3) The Chief Officer exercising or performing a power or duty that
has been delegated under this section, is to be taken to do so in
accordance with the terms of the delegation unless the contrary
10 is shown.
(4) Nothing in this section limits the ability of the Minister to
perform a function through an officer or agent.
31. Police officers' powers and immunities
A police officer --
15 (a) has and may exercise all the powers of a DGO; and
(b) when exercising those powers, has all the immunities of
a DGO.
32. Immunity from tortious liability
(1) In this section --
20 "official" means the Minister or a DGO.
(2) In this section, a reference to the doing of anything includes a
reference to an omission to do anything.
(3) An action in tort does not lie against an official for anything that
the official has done, in good faith, in the performance or
25 purported performance of a function under this Act.
(4) The protection given by subsection (3) applies even though the
thing done as described in that subsection may have been
capable of being done whether or not this Act has been enacted.
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Dangerous Goods Safety Bill 2002
Administration Part 5
General Division 3
s. 32
(5) The Crown is also relieved of any liability that it might
otherwise have had for another person having done anything as
described in subsection (3).
page 23
Dangerous Goods Safety Bill 2002
Part 6 Investigation and enforcement
Division 1 Preliminary
s. 33
Part 6 -- Investigation and enforcement
Division 1 -- Preliminary
33. Interpretation
In this Part, unless the contrary intention appears --
5 "dwelling" means --
(a) a building, structure or tent, or a part of a building,
structure or tent, that is ordinarily used for human
habitation; or
(b) a mobile home,
10 and it does not matter that it is uninhabited from time to
time;
"enforcement purposes" means the purposes of --
(a) searching for dangerous goods;
(b) investigating a dangerous goods incident or a
15 dangerous situation;
(c) investigating whether this Act is being contravened;
(d) searching for and seizing or otherwise obtaining
evidence of a contravention of this Act;
(e) giving notices under Division 5;
20 "entry warrant" means an entry warrant issued under
Division 3;
"mobile home" means a vehicle --
(a) that is ordinarily used for human habitation; and
(b) that is permanently or semi-permanently stationary in
25 a single location;
"place" means any land, building, structure, tent or dwelling, or
a part of any land, building, structure, tent or dwelling, but
does not include a vehicle unless it is a mobile home.
page 24
Dangerous Goods Safety Bill 2002
Investigation and enforcement Part 6
Investigative powers Division 2
s. 34
Division 2 -- Investigative powers
34. Obtaining identifying particulars
The offices of Chief Officer and DGO are each prescribed for
the purposes of the Criminal Investigation (Identifying People)
5 Act 2002 and any holder of either of those offices may exercise
the powers in Part 3 of that Act.
35. Entering, inspecting and searching places
(1) If a DGO suspects on reasonable grounds that --
(a) there are dangerous goods at a place;
10 (b) a place has been, is being, or is likely to be, used to store
or handle dangerous goods;
(c) a dangerous goods incident has occurred, or that a
dangerous situation exists, at a place; or
(d) there is evidence of a contravention of this Act at a
15 place,
the DGO may --
(e) if the place is a dwelling, enter it for enforcement
purposes only if --
(i) the occupier consents;
20 (ii) the DGO has an entry warrant for it; or
(iii) the DGO suspects on reasonable grounds that a
dangerous goods incident has occurred, or a
dangerous situation exists, in the dwelling;
(f) if the place is not a dwelling, enter it for enforcement
25 purposes without an entry warrant.
(2) If a DGO enters a place, the DGO must --
(a) if requested to do so by the occupier, give the occupier a
copy of the entry warrant for the place or, if no such
warrant exists, a notice in an approved form about the
30 entry; or
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Dangerous Goods Safety Bill 2002
Part 6 Investigation and enforcement
Division 2 Investigative powers
s. 36
(b) if the occupier is not there, leave a copy of the entry
warrant or, if no such warrant exists, a notice in an
approved form about the entry, at the place for the
occupier.
5 (3) On entering a place under this Part without a warrant, a DGO
must take reasonable measures to inform the occupier of the
DGO's presence.
36. Stopping, entering, searching and inspecting vehicles
(1) If a DGO suspects on reasonable grounds that in respect of a
10 vehicle that is not a mobile home --
(a) there are dangerous goods in or on the vehicle;
(b) the vehicle has been, is being, or is likely to be, used to
transport dangerous goods;
(c) the vehicle has been or is involved in a dangerous goods
15 incident or a dangerous situation; or
(d) there is evidence of a contravention of this Act in or on
the vehicle,
the DGO may stop, detain and enter it for enforcement
purposes.
20 (2) A DGO may give directions to the person who is, or who
apparently is, in charge of a vehicle in order to facilitate
exercising the power in subsection (1), including directions that
require the vehicle to be searched or inspected at a specified
date, time or place.
25 37. Seizing samples, evidence etc.
(1) If a DGO suspects on reasonable grounds that there has been a
contravention of this Act, the DGO may seize --
(a) any dangerous goods involved, or a sample of them, and
any container or vehicle in which they are being stored
30 or transported; and
(b) any thing that is or may afford evidence of the
contravention.
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Dangerous Goods Safety Bill 2002
Investigation and enforcement Part 6
Investigative powers Division 2
s. 38
(2) If a DGO suspects on reasonable grounds --
(a) that any substance or thing may be dangerous goods or
an ingredient of dangerous goods; or
(b) that any thing may have been in contact with dangerous
5 goods,
the DGO, for enforcement purposes, may seize the substance, a
sample of it, or the thing, or may direct --
(c) a person in possession of the substance or thing; or
(d) the person in charge, or apparently in charge of, a place
10 or vehicle where the substance or thing is situated,
to give the DGO the substance, a sample of it, or the thing, as
the case requires.
(3) The direction may specify when and where the substance, a
sample of it, or the thing is to be given to a DGO.
15 (4) A DGO who has seized or been given dangerous goods, a thing,
substance or sample under this section --
(a) must give the person who was in possession of it a
receipt for it in an approved form; and
(b) may, for forensic purposes, submit it to an examination
20 or to testing.
38. Obtaining records
(1) In this section --
"relevant record" means a record that contains information
about the storage, handling or transport of dangerous goods
25 or that is required to be kept under this Act or that contains
information that is relevant to a contravention of this Act.
(2) A DGO, for enforcement purposes, may --
(a) seize or copy a record that the DGO suspects on
reasonable grounds is a relevant record; or
page 27
Dangerous Goods Safety Bill 2002
Part 6 Investigation and enforcement
Division 2 Investigative powers
s. 39
(b) direct a person to give the DGO such a record or a copy
of it.
(3) The direction may specify the date, time and place where the
record or copy is to be given to a DGO.
5 (4) If a DGO seizes or is given a record, the DGO must if
practicable allow a person who is otherwise entitled to
possession of it to have reasonable access to it.
39. Asking questions
(1) A DGO, for enforcement purposes, may direct a person to
10 answer questions.
(2) A person is not excused from answering a question on the
ground that the answer to the question might tend to incriminate
the person, but except in the case of a body corporate --
(a) the answer to the question; or
15 (b) any information, record or thing obtained as a direct
consequence of the answer to the question,
is not admissible in evidence against the person in criminal
proceedings other than proceedings for an offence against
section 55(3).
20 40. Restricting access to sites of dangerous goods incidents and
dangerous situations
(1) In this section --
"unauthorised person", in relation to a restricted access site,
means any person other than --
25 (a) a DGO, a police officer, or an officer or employee of
the Fire and Emergency Services Authority of
Western Australia; or
(b) a person authorised by a person referred to in
paragraph (a).
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Dangerous Goods Safety Bill 2002
Investigation and enforcement Part 6
Investigative powers Division 2
s. 40
(2) If a DGO reasonably suspects that a dangerous goods incident
has occurred, or that a dangerous situation exists, at a place and
that it is necessary to isolate the place for the purposes of --
(a) investigating and dealing with the incident or situation;
5 or
(b) ensuring that people or property will not be endangered,
the DGO may establish a restricted access site that includes the
place and, if necessary, an area around it.
(3) In order to establish a restricted access site, a DGO must take
10 reasonable measures to notify people of the existence and
boundaries of the site.
(4) The area of a restricted access site must not be greater than is
reasonably necessary for the purposes for which it is
established.
15 (5) The boundaries of a restricted access site may be altered at any
time.
(6) A DGO must disestablish a restricted access site when the
purposes for which it was established cease to exist.
(7) While a restricted access site is established, a DGO may remain
20 at the site and take reasonable measures, including giving
orders --
(a) to secure the site against, and to prevent, unauthorised
entry or disturbance;
(b) to remove an unauthorised person from the site; or
25 (c) if there is a vehicle at the site, to prevent the vehicle
from being moved.
(8) While a restricted access site is established, an unauthorised
person must not, without reasonable excuse, enter it.
Penalty: Imprisonment for 6 months.
page 29
Dangerous Goods Safety Bill 2002
Part 6 Investigation and enforcement
Division 3 Entry warrants
s. 41
(9) While a restricted access site is established, an unauthorised
person must not, without reasonable excuse, disturb any thing at
the site.
Penalty: Imprisonment for 6 months.
5 Division 3 -- Entry warrants
41. Interpretation
In this Division --
"JP" stands for Justice of the Peace.
42. Applying for an entry warrant
10 (1) A DGO may apply to a JP for an entry warrant authorising the
entry of a place or vehicle for enforcement purposes.
(2) A DGO may apply for an entry warrant for a place or vehicle
even if, under Division 2, the DGO may enter the place or
vehicle without an entry warrant.
15 (3) The application must be made in accordance with section 43
and must --
(a) describe with reasonable particularity the place or
vehicle to be entered;
(b) state one or more of the following --
20 (i) that the DGO suspects there are dangerous goods
at the place;
(ii) that the DGO suspects the place has been or is
being used to store or handle dangerous goods;
(iii) that the DGO suspects the vehicle has been or is
25 being used to transport dangerous goods;
(iv) that the DGO suspects there is, or is likely to be
in the 72 hours after the time of the application,
dangerous goods at the place or in the vehicle; or
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Dangerous Goods Safety Bill 2002
Investigation and enforcement Part 6
Entry warrants Division 3
s. 43
(v) that the DGO suspects there is, or is likely to be
in the 72 hours after the time of the application,
at the place or in the vehicle evidence of a
contravention of this Act,
5 and the grounds for the suspicion;
(c) describe with reasonable particularity the enforcement
purposes for which entry to the place or vehicle is
required and the evidence or dangerous goods to be
searched for (if any);
10 (d) if a contravention or likely contravention of this Act is
suspected, specify the provision of this Act concerned;
(e) if efforts have been made to obtain consent to enter the
place or vehicle, state the results of those efforts;
(f) if no effort to obtain such consent have been made, state
15 why no effort was made; and
(g) state for how long the DGO believes the warrant should
remain in force.
43. Applications, how they are to be made
(1) In this section --
20 "application " means an application for an entry warrant.
(2) A reference in this section to making an application includes a
reference to giving information in support of the application.
(3) An application must be made in person before a JP unless --
(a) the warrant is needed urgently; and
25 (b) the applicant reasonably suspects that a JP is not
available within a reasonable distance of the applicant,
in which case --
(c) it may be made to a JP by remote communication; and
(d) the JP must not grant it unless satisfied about the matters
30 in paragraphs (a) and (b).
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Dangerous Goods Safety Bill 2002
Part 6 Investigation and enforcement
Division 3 Entry warrants
s. 43
(4) An application must be made in writing unless --
(a) the application is made by remote communication; and
(b) it is not practicable to send the JP written material,
in which case --
5 (c) it may be made orally; and
(d) the JP must make a written record of the application and
any information given in support of it.
(5) An application must be made on oath unless --
(a) the application is made by remote communication; and
10 (b) it is not practicable for the JP to administer an oath to
the applicant,
in which case --
(c) it may be made in an unsworn form; and
(d) if the JP issues an entry warrant, the applicant must as
15 soon as practicable send the JP an affidavit verifying the
application and any information given in support of it.
(6) If on an application made by remote communication a JP issues
an entry warrant, the JP must if practicable send a copy of the
original warrant to the applicant by remote communication, but
20 otherwise --
(a) the JP must send the applicant by remote
communication any information that must be set out in
the warrant;
(b) the applicant must complete a form of a warrant with the
25 information received and give the JP a copy of the form
as soon as practicable after doing so; and
(c) the JP must attach the copy of the form to the original
warrant and any affidavit received from the applicant
and make them available for collection by the applicant.
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Dangerous Goods Safety Bill 2002
Investigation and enforcement Part 6
Entry warrants Division 3
s. 44
(7) The copy of the original warrant sent, or the form of the warrant
completed, as the case may be, under subsection (6) has the
same force and effect as the original warrant.
(8) If an applicant contravenes subsection (5)(d) or (6)(b), any
5 evidence obtained under the entry warrant is not admissible in
proceedings in a court.
44. Issuing an entry warrant
(1) On an application made under sections 42 and 43, a JP may
issue an entry warrant if satisfied that, in respect of the matters
10 in section 42(3) on which the applicant is required to have a
suspicion, there are reasonable grounds for the applicant to have
that suspicion.
(2) An entry warrant must contain this information --
(a) a reasonably particular description of the place or
15 vehicle to which it relates;
(b) a reasonably particular description of the enforcement
purposes for which entry to the place or vehicle is
authorised and of the evidence or dangerous goods to be
searched for (if any);
20 (c) if a contravention or likely contravention of this Act is
suspected, the provision of this Act concerned;
(d) the period, not exceeding 7 days, in which it may be
executed;
(e) the date and time when it was issued.
25 45. Effect of entry warrant
(1) An entry warrant has effect according to its content and this
section.
(2) An entry warrant may be executed by any DGO.
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Dangerous Goods Safety Bill 2002
Part 6 Investigation and enforcement
Division 4 Audits of dangerous goods sites
s. 46
(3) An entry warrant must be executed between 6 a.m. and 9 p.m.
unless the DGO executing it suspects on reasonable grounds
that --
(a) if the warrant were executed during those hours, the
5 purposes for which it was obtained would be frustrated;
or
(b) a dangerous goods incident has occurred, or a dangerous
situation exists, at the place or in the vehicle to be
entered.
10 (4) If in the course of executing an entry warrant a DGO by chance
finds a thing that is not specified in the warrant and that the
DGO suspects on reasonable grounds is --
(a) dangerous goods; or
(b) evidence of a contravention of this Act,
15 the DGO may seize the thing if the DGO reasonably suspects it
is necessary to do so for one or more of these purposes --
(c) to prevent the thing from being concealed, damaged,
destroyed, interfered with or lost;
(d) to preserve the thing's evidentiary value;
20 (e) to submit the thing to an examination or to testing;
(f) to prevent the thing being used in the commission of an
offence against this Act.
Division 4 -- Audits of dangerous goods sites
46. Audit may be directed by Chief Officer
25 (1) In this section --
"approved auditor", in relation to an audit, means a person
approved by the Chief Officer under subsection (5);
"audit" includes an investigation.
(2) The Chief Officer may direct a person who is involved in the
30 control or management of a dangerous goods site to engage and
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Dangerous Goods Safety Bill 2002
Investigation and enforcement Part 6
Audits of dangerous goods sites Division 4
s. 46
pay for an approved auditor to conduct an audit into and report
to the Chief Officer about all or any of the following --
(a) the risk to people, property or the environment from
dangerous goods on the site;
5 (b) the safety of the whole or a part of the site, or of any
building, structure, plant, equipment or thing on the site,
or of any activities on the site;
(c) the adequacy and effectiveness of any safety
management document relating to the site;
10 (d) a dangerous goods incident or a dangerous situation on
the site.
(3) The direction must --
(a) state the reasons for and the objectives of the audit;
(b) specify the matters in subsection (2) to be audited; and
15 (c) set a date on or before which the report is to be given to
the Chief Officer.
(4) The Chief Officer may at any time amend or cancel a direction
given under this section.
(5) For the purposes of this section the Chief Officer may approve a
20 person as an auditor in relation to an audit if the Chief Officer is
satisfied the person --
(a) has qualifications and experience that are appropriate to
the audit;
(b) is independent of the site where the audit is to be
25 conducted and of any business conducted there; and
(c) is able to conduct the audit and to prepare a report in
accordance with the direction given as to the audit.
page 35
Dangerous Goods Safety Bill 2002
Part 6 Investigation and enforcement
Division 5 Remedying dangerous and other situations
s. 47
Division 5 -- Remedying dangerous and other situations
47. Remediation notice
(1) A DGO may give a person a remediation notice if the DGO
suspects on reasonable grounds one or more of the following
5 matters --
(a) that the person has contravened this Act in
circumstances that make it likely that the contravention
will be repeated;
(b) that the person is contravening, or is about to
10 contravene, this Act;
(c) that a dangerous goods incident has occurred at a place
or in or on a vehicle and that the person is involved in
the control or management of the place or vehicle;
(d) that there is or is about to be at a place, or in or on a
15 vehicle, a dangerous situation and that the person is
involved in the control or management of the place or
vehicle;
(e) that the whole or a part of the site, or of any building,
structure, plant, equipment or thing on the site, or that
20 any activity on the site, is unsafe;
(f) that the person is under a duty to prepare a safety
management document and that the document has not
been prepared properly, or is inadequate or ineffective.
(2) A remediation notice must --
25 (a) be in writing;
(b) identify the person to whom it is directed, whether by
name or a sufficient description;
(c) state which of the matters in subsection (1) are
suspected;
30 (d) if a contravention of a provision of this Act is suspected,
specify the provision concerned and the grounds for the
suspicion;
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Dangerous Goods Safety Bill 2002
Investigation and enforcement Part 6
Remedying dangerous and other situations Division 5
s. 47
(e) specify the measures that the person must take;
(f) if the measures relate to a place or vehicle, specify the
place or vehicle;
(g) if the measures relate to specific dangerous goods, plant
5 or equipment, specify the goods, plant or equipment;
(h) specify a date that is at least 7 days after the date of the
notice on or before which the measures are to be taken,
unless the Chief Officer has given an approval under
section 48(1); and
10 (i) explain the effect of sections 49 and 54.
(3) The measures specified in a remediation notice must be ones
that are reasonably necessary to --
(a) remedy the matter suspicion of which has given rise to
the notice; and
15 (b) ensure the safe storage, handling or transport of the
dangerous goods involved.
(4) Without limiting subsection (3), the measures may include --
(a) requiring a person who has the control or management
of a place --
20 (i) to stop storing or handling all or specific
dangerous goods at the place;
(ii) to stop the operation of all or specific plant or
equipment at the place;
(iii) to isolate the place or a part of the place;
25 (b) requiring a person who has the control or management
of a vehicle to stop using it to transport all or specific
dangerous goods,
for a specified period or until a specified event.
(5) In the case of an unoccupied place or unattended vehicle, a
30 remediation notice may be given to the person concerned by
fixing it securely to the place or vehicle in a conspicuous
position.
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Dangerous Goods Safety Bill 2002
Part 6 Investigation and enforcement
Division 5 Remedying dangerous and other situations
s. 48
(6) A DGO may at any time cancel or amend a remediation notice.
(7) A person who has been given a remediation notice must comply
with it.
Penalty:
5 (a) for an individual, $10 000;
(b) for a body corporate, $50 000.
48. Chief Officer may approve earlier or immediate compliance
with remediation notice
(1) If the Chief Officer is of the opinion that the measures specified
10 in a remediation notice should be taken --
(a) on or before a date that is less than 7 days after the date
of the notice; or
(b) immediately,
in order to avert a dangerous situation, the Chief Officer may
15 approve of the notice being issued or amended so as to require
the measures to be taken --
(c) on or before a date that is less than 7 days after the date
of the notice; or
(d) immediately.
20 (2) The Chief Officer must give the person to whom a remediation
notice is given written reasons for any opinion formed under
subsection (1).
(3) If the Chief Officer approves of a notice being issued or
amended so as to require the measures to be taken immediately,
25 a DGO must remain at any place where the measures are to be
taken until the person to whom the notice is directed has been
given the notice or amended notice.
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Dangerous Goods Safety Bill 2002
Investigation and enforcement Part 6
Remedying dangerous and other situations Division 5
s. 49
49. Contravention of remediation notice, action by DGO
(1) If a remediation notice has been given to a person and the
person has not complied with it, a DGO may take the measures
specified in the notice.
5 (2) For the purposes of subsection (1), a DGO may --
(a) enter and take possession of a place or vehicle;
(b) seize, move or destroy or otherwise dispose of any
dangerous goods; and
(c) take any other action that is reasonably necessary and
10 incidental.
(3) A DGO's powers under this section are in addition to the other
powers of a DGO under this Act.
(4) The Crown may recover from a person who did not comply with
a remediation notice, as a debt in a court of competent
15 jurisdiction, the reasonable costs and expenses incurred by a
DGO, or any person acting at the request of a DGO, in
exercising the powers under this section.
50. Dangerous situation, emergency remedial measures
(1) If a DGO suspects on reasonable grounds --
20 (a) that a dangerous situation exists; and
(b) that immediate measures are needed in order to identify,
assess, reduce, eliminate or avert the risk to people,
property or the environment from the dangerous goods
involved in the situation,
25 the DGO may take the measures.
(2) For the purposes of subsection (1), a DGO may --
(a) enter and take possession of a place or vehicle;
(b) seize, move or destroy or otherwise dispose of any
dangerous goods;
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Dangerous Goods Safety Bill 2002
Part 6 Investigation and enforcement
Division 5 Remedying dangerous and other situations
s. 51
(c) cordon off or prevent people other than those authorised
by a DGO from entering an area where the dangerous
situation exists;
(d) direct people to leave or not to enter an area where the
5 dangerous situation exists;
(e) take any other action that is necessary and incidental.
(3) A DGO's powers under this section are in addition to the other
powers of a DGO under this Act and may be exercised whether
or not a remediation notice has been given to any person.
10 51. Recovering costs of government action
(1) In this section --
"government agency" means any body, whether incorporated
or not, a DGO or any other holder of an office, post or
position, being a body or office, post or position that is
15 established or continued under a written law for a public
purpose.
(2) If a government agency takes measures, whether under
section 50 or otherwise, to deal with a dangerous goods incident
or a dangerous situation, the Crown or the agency may recover,
20 as a debt in a court of competent jurisdiction, such of the costs
and expenses incurred in taking the measures as were
reasonably incurred.
(3) The costs and expenses are recoverable jointly or severally
from --
25 (a) the person who was the owner of the dangerous goods at
the time of the dangerous goods incident or dangerous
situation;
(b) the person who was in control or possession of the
dangerous goods at the time of the incident or situation;
30 (c) the person who caused the incident or situation;
(d) if the incident occurred or the situation arose while the
dangerous goods were being transported, the person
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Dangerous Goods Safety Bill 2002
Investigation and enforcement Part 6
General Division 6
s. 52
responsible, otherwise than as an employee, agent or
subcontractor of another person, for the transport of the
dangerous goods.
(4) The costs and expenses are not recoverable from a person who
5 proves that --
(a) the dangerous goods incident or dangerous situation was
due to the act or default of another person;
(b) the person took all reasonably practicable measures to
prevent the incident or situation; and
10 (c) the incident or situation was not attributable to an
employee, agent or subcontractor of the person.
(5) The recovery of costs and expenses incurred by one government
agency as a result of a dangerous goods incident or dangerous
situation does not preclude the recovery of costs and expenses
15 incurred by another government agency as a result of the
incident or situation.
(6) This section does not affect a right to recover costs or expenses
that exists apart from this section, but a government agency is
not entitled to recover, in respect of the same costs or expenses,
20 an amount under this section and an amount in proceedings
founded on other rights.
(7) In proceedings under this section, a document apparently signed
by the chief executive officer of a government agency
specifying details of the costs and expenses incurred by the
25 agency as a result of a dangerous goods incident or dangerous
situation is, in the absence of evidence to the contrary, proof of
the details specified.
Division 6 -- General
52. Directions, general matters
30 (1) A direction may be given under this Part orally or in writing.
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Dangerous Goods Safety Bill 2002
Part 6 Investigation and enforcement
Division 6 General
s. 53
(2) A direction given orally must be confirmed in writing within 2
working days after it is given, unless within that period it is
complied with or cancelled.
(3) Failure to comply with subsection (2) does not invalidate the
5 direction.
53. Ancillary powers and duties
(1) This section applies in relation to the exercise of a power under
this Part.
(2) A DGO may record the exercise of a power, including by
10 making an audiovisual recording.
(3) A DGO exercising the power may authorise as many other
people to assist in executing the power as are reasonably
necessary in the circumstances.
(4) In exercising the power a DGO, and any person assisting a
15 DGO, may use any force that is reasonably necessary in the
circumstances.
(5) A DGO who seizes any thing may take reasonable measures to
prevent the thing being concealed, lost, damaged or destroyed.
(6) If it is not practicable to move any thing that has been seized, a
20 DGO may do whatever is reasonably necessary to secure it
where it is situated and to notify people that it is under seizure.
(7) A person must not, without a DGO's approval, interfere or deal
with any thing that the person knows, or ought reasonably to
know, has been seized by a DGO.
25 Penalty: $5 000.
(8) After entering a place or vehicle, a DGO must take reasonable
steps to return it to the condition it was in immediately before
the entry.
page 42
Dangerous Goods Safety Bill 2002
Investigation and enforcement Part 6
General Division 6
s. 54
54. Review by Chief Officer
(1) In this section --
"direction" means a direction given by a DGO under this Part
other than section 39;
5 "notice" means a remediation notice given under section 47.
(2) The Chief Officer on his or her own initiative may inquire into
the circumstances relating to a direction or notice and review it,
and after doing so, may amend, suspend, cancel or confirm it.
(3) A person who has been given a direction or a notice may
10 request the Chief Officer to review it.
(4) Such a request must be in writing and must be made before the
time for complying with the direction or notice expires or before
such later date as the Chief Officer may allow.
(5) On receiving such a request the Chief Officer may suspend the
15 direction or notice pending making a decision under
subsection (6).
(6) On receiving such a request the Chief Officer must inquire into
the circumstances relating to the direction or notice and review
it, and after doing so, may amend, suspend, cancel or confirm it.
20 (7) If the Chief Officer amends a direction or notice it has effect
accordingly.
(8) If the Chief Officer reviews a direction or notice at the request
of a person, the Chief Officer must give the person written
advice of the decision on the review and the reasons for the
25 decision.
55. Offences
(1) A person who does not comply with a direction given by the
Chief Officer or a DGO under this Part commits an offence.
(2) A person who obstructs a DGO or a person assisting a DGO in
30 the exercise of a power under this Act commits an offence.
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Dangerous Goods Safety Bill 2002
Part 6 Investigation and enforcement
Division 6 General
s. 55
(3) A person who, having been directed by a DGO under this Part
to answer a question or to give a DGO a record, gives a DGO
information that the person knows is false or misleading in a
material particular commits an offence.
5 (4) It is a defence to a charge under this section to prove that the
person charged had a reasonable excuse.
(5) The penalty for an offence under this section is --
(a) for an individual, $10 000;
(b) for a body corporate, $50 000.
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Dangerous Goods Safety Bill 2002
Legal proceedings Part 7
s. 56
Part 7 -- Legal proceedings
56. Infringement notices
(1) In this section --
"authorised person" means a person appointed under
5 subsection (10) to be an authorised person for the purposes
of the subsection in which the term is used.
(2) A DGO who has reason to believe that a person has committed
a prescribed offence against the regulations may, within 21 days
after the alleged offence is believed to have been committed,
10 give an infringement notice to the alleged offender.
(3) An infringement notice is to be in the form prescribed by
regulations and is to --
(a) contain a description of the alleged offence;
(b) advise that if the alleged offender does not wish to have
15 a complaint of the alleged offence heard and determined
by a court, the amount of money specified in the notice
as being the modified penalty for the offence may be
paid to an authorised person within a period of 28 days
after the giving of the notice; and
20 (c) inform the alleged offender as to who are authorised
persons for the purposes of receiving payment of
modified penalties.
(4) In an infringement notice the amount specified as being the
modified penalty for the offence referred to in the notice is to be
25 the amount that was the modified penalty prescribed by
regulations at the time the alleged offence is believed to have
been committed.
(5) An authorised person may, in a particular case, extend the
period of 28 days within which the modified penalty may be
30 paid and the extension may be allowed whether or not the
period of 28 days has elapsed.
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Dangerous Goods Safety Bill 2002
Part 7 Legal proceedings
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(6) If the modified penalty specified in an infringement notice has
been paid within 28 days or such further time as is allowed and
the notice has not been withdrawn, the bringing of proceedings
and the imposition of penalties are prevented to the same extent
5 as they would be if the alleged offender had been convicted by a
court of, and punished for, the alleged offence.
(7) An authorised person may, whether or not the modified penalty
has been paid, withdraw an infringement notice by sending to
the alleged offender a notice in the form prescribed by
10 regulations stating that the infringement notice has been
withdrawn.
(8) If an infringement notice is withdrawn after the modified
penalty has been paid, the amount of the modified penalty is to
be refunded.
15 (9) Payment of a modified penalty is not to be regarded as an
admission for the purpose of any proceedings, whether civil or
criminal.
(10) The Chief Officer may, in writing, appoint persons or classes of
persons to be authorised persons for the purposes of
20 subsections (3), (5) or (7), but a DGO who gives an
infringement notice is not eligible to be an authorised officer for
the purposes of any of those subsections in relation to that
notice.
(11) Regulations made for the purposes of this section must not
25 prescribe an offence for the purposes of this section if the
offence is punishable by imprisonment.
57. Prosecutions, who may commence
A prosecution for an offence against this Act may only be
commenced by the Chief Officer or a person authorised to do so
30 by the Chief Officer.
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Dangerous Goods Safety Bill 2002
Legal proceedings Part 7
s. 58
58. Evidentiary matters
(1) In proceedings for an offence against this Act, an allegation in
the complaint of any of the following matters is, in the absence
of evidence to the contrary, taken to be proved --
5 (a) that the complainant is authorised to commence the
prosecution;
(b) that at a specified time a specified substance or article
was dangerous goods;
(c) that at a specified time a specified substance or article
10 was dangerous goods of a specified classification;
(d) that at a specified time a person was or was not the
holder of a licence, permit or accreditation under this
Act;
(e) that at a specified time particular dangerous goods were
15 not authorised under this Act;
(f) that at a specified time a place was not licensed or
registered under this Act;
(g) that at a specified time a thing, or particular plant or
equipment, was not authorised under this Act;
20 (h) that at a specified time a vehicle was not licensed under
this Act;
(i) that at a specified time a person had not been granted an
exemption under this Act;
(j) that at a specified time a person held a specified office.
25 (2) In proceedings for an offence against this Act a notice, licence,
permit, registration, approval or exemption, issued under this
Act, including the conditions applying to any such thing, may
be proved by tendering a copy of it certified by the Chief
Officer to be a true copy of the original.
30 (3) In proceedings for an offence against this Act, production of a
copy of --
(a) a code that has been adopted by the regulations; or
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Dangerous Goods Safety Bill 2002
Part 7 Legal proceedings
s. 59
(b) a code of practice that has been approved under
section 20,
certified by the Chief Officer as a true copy as at any date or
during any period is proof of the contents of the code of practice
5 or code as at that date or during that period.
(4) A copy of a record obtained by a DGO under section 38(2) is
admissible in evidence if it is certified by the DGO as having
been obtained under that section.
(5) Unless the contrary is proved, it is to be presumed that a
10 document purporting to have been signed by the Minister, the
Chief Officer or a DGO was signed by a person who at the time
was the Minister, the Chief Officer or a DGO, as the case may
be.
(6) Unless the contrary is proved, it is to be presumed that a
15 document purporting to have been signed by a delegate of the
Minister or the Chief Officer was signed by a person who at the
time was such a delegate and was authorised to sign it.
(7) This section is in addition to and does not affect the operation of
the Evidence Act 1906.
20 59. Presumptions as to the contents of containers etc.
(1) In this section --
"label", in relation to a container or vehicle, means any label,
marking, placard or other information on the container or
vehicle.
25 (2) If the label on a container or vehicle states or indicates that it
contains dangerous goods then, in proceedings for an offence
against this Act, it is to be taken, in the absence of evidence to
the contrary --
(a) that the container or vehicle contains dangerous goods
30 of the description and in the quantity stated on the label;
and
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Dangerous Goods Safety Bill 2002
Legal proceedings Part 7
s. 60
(b) that all other information on the label, or any other label
on the container or vehicle, about the dangerous goods is
true.
60. Corporations or employers, conduct on behalf of
5 (1) In this section --
"director", of a body corporate, includes a constituent member
of a body corporate incorporated for a public purpose by a
written law or a law of the Commonwealth, another State
or a Territory;
10 "engaging in conduct" includes failing or refusing to engage in
conduct;
"state of mind" of a person includes --
(a) the knowledge, intention, opinion, belief or purpose
of the person; and
15 (b) the person's reasons for the intention, opinion, belief
or purpose.
(2) This section applies to and in relation to proceedings for an
offence against this Act.
(3) If it is necessary to establish the state of mind of a body
20 corporate in relation to particular conduct, it is sufficient to
show --
(a) that the conduct was engaged in by a director, employee
or agent of the body corporate within the scope of his or
her actual or apparent authority; and
25 (b) that the director, employee or agent had the relevant
state of mind.
(4) Conduct engaged in on behalf of a body corporate by a director,
employee or agent of the body corporate within the scope of his
or her actual or apparent authority is taken to have been engaged
30 in also by the body corporate, unless the body corporate
establishes that it took reasonable precautions and exercised due
diligence to avoid the conduct.
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Dangerous Goods Safety Bill 2002
Part 7 Legal proceedings
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(5) If it is necessary to establish the state of mind of a person other
than a body corporate in relation to particular conduct, it is
sufficient to show --
(a) that the conduct was engaged in by an employee or
5 agent of the person within the scope of his or her actual
or apparent authority; and
(b) that the employee or agent had the relevant state of
mind.
(6) Conduct engaged in on behalf of a person other than a body
10 corporate (the "employer") by an employee or agent of the
person within the scope of his or her actual or apparent authority
is taken to have been engaged in also by the employer unless the
employer establishes that the employer took reasonable
precautions and exercised due diligence to avoid the conduct.
15 61. Body corporate's officers, liability of
(1) In this section --
"officer", in relation to a body corporate, has the same meaning
as in the Corporations Act 2001 of the Commonwealth but
does not include an employee of the body unless the
20 employee was concerned in the management of the body.
(2) If a body corporate is charged with an offence under this Act,
every person who was an officer of the body at the time of the
alleged offence may also be charged with the offence.
(3) If a body corporate and an officer are charged as permitted by
25 subsection (2) and the body corporate is convicted of the
offence, the officer is to be taken to have also committed the
offence, subject to subsection (6).
(4) If a body corporate commits an offence under this Act, then,
although the body is not charged with the offence, every person
30 who was an officer of the body at the time the offence was
committed may be charged with the offence.
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Dangerous Goods Safety Bill 2002
Legal proceedings Part 7
s. 62
(5) If an officer is charged as permitted by subsection (4) and it is
proved that the body corporate committed the offence, the
officer is to be taken to have also committed the offence, subject
to subsection (6).
5 (6) If under this section an officer is charged with an offence it is a
defence to prove --
(a) that the offence was committed without the officer's
consent or connivance; and
(b) that the officer took all the measures to prevent the
10 commission of the offence that he or she could
reasonably be expected to have taken having regard to
the officer's functions and to all the circumstances.
62. Defence of complying with code of practice
(1) In this section --
15 "approved code of practice" means a code of practice that has
been approved by the Minister under section 20.
(2) In proceedings for an offence against this Act, it is a defence to
prove that the defendant acted in accordance with an approved
code of practice that specified a means of complying with the
20 provision of this Act that the defendant is alleged to have
contravened.
63. Continuing offences, penalties for
For each separate and further offence committed by a person
under section 71 of the Interpretation Act 1984 the penalty is --
25 (a) for an individual, $500;
(b) for a body corporate, $2 500.
64. Forfeiture
(1) If --
(a) a court convicts a person of an offence against this Act;
30 and
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Dangerous Goods Safety Bill 2002
Part 7 Legal proceedings
s. 65
(b) either the person owns the dangerous goods in relation
to which the offence was committed and their container
(if any) or the owner of them cannot be found,
the court may order the dangerous goods and their container (if
5 any) to be forfeited to the Crown.
(2) An order made under subsection (1) forms part of the sentence
imposed for the offence.
(3) The Chief Officer may destroy, sell or otherwise dispose of
dangerous goods and containers forfeited to the Crown, as he or
10 she sees fit.
(4) The Crown may recover from the person convicted, as a debt in
a court of competent jurisdiction, the reasonable costs and
expenses of the destruction, sale or other disposal of dangerous
goods and containers forfeited to the Crown.
15 (5) The net proceeds of any sale under this section are to be
credited to the Consolidated Fund.
65. Prohibiting offender from involvement with dangerous
goods
(1) If a court convicts a person of an offence against this Act, the
20 court, having regard to the matters set out in subsection (3), may
make a prohibition order prohibiting the person for a period set
by the court from all or any of the following --
(a) possessing or having the control or management of
dangerous goods;
25 (b) having the control or management of a place where
dangerous goods are stored or handled;
(c) having the control or management of a vehicle used to
transport dangerous goods;
(d) engaging in any or any specified activity relating to the
30 storage, handling or transport of dangerous goods.
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Dangerous Goods Safety Bill 2002
Legal proceedings Part 7
s. 66
(2) A prohibition order may relate to dangerous goods generally or
to specific dangerous goods set out in the order and may be
absolute or conditional.
(3) The court must have regard to these matters --
5 (a) any prior convictions of the person relating to dangerous
goods, whether or not dangerous goods under this Act;
(b) the person's history of engaging in activities relating to
the storage, handling or transport of dangerous goods;
(c) the circumstances surrounding the commission of the
10 offence for which the person is being sentenced;
(d) any other matter the court thinks is relevant.
(4) A prohibition order forms part of the sentence imposed for the
offence.
(5) A person who contravenes a prohibition order commits an
15 offence.
Penalty:
(a) for an individual, $50 000 or imprisonment for
2 years or both;
(b) for a body corporate, $250 000.
20 66. Investigation costs, defendant may be ordered to pay
(1) If a court convicts a person of an offence against this Act, the
court, on an application by the complainant, may order the
person to pay any reasonable costs or expenses that were
incurred by the State --
25 (a) in exercising the powers in Part 6 Division 2;
(b) in transporting, storing or destroying, or otherwise
disposing of, substances, articles or other material; or
(c) in submitting any thing to an examination or to testing,
in connection with investigating and prosecuting the offence.
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Dangerous Goods Safety Bill 2002
Part 7 Legal proceedings
s. 67
(2) An order made under subsection (1) does not form part of the
sentence imposed for the offence.
67. Appeal against decisions under this Act
(1) In this section --
5 "appealable decision" means --
(a) a decision made under Part 4 by the Chief Officer;
(b) a direction given under section 46(2) by the Chief
Officer;
(c) a decision made under section 54 by the Chief
10 Officer;
(d) a decision made under the regulations by the Chief
Officer in relation to an application for, or in relation
to, an authorisation, licence, registration, permit or
other approval.
15 (2) A person aggrieved by an appealable decision may appeal to a
Local Court against the decision.
(3) The appeal must be made within 21 days after the person was
notified of the appealable decision and in accordance with rules
of court.
20 (4) On an appeal a Local Court may stay the appealable decision for
any period and subject to any conditions the Court thinks fit,
pending the Court's decision on the appeal.
(5) A Local Court may determine an appeal on the material that was
before the Chief Officer or on such additional or fresh evidence,
25 either oral or by affidavit, as the Court may allow.
(6) On an appeal a Local Court may confirm, amend or cancel the
appealable decision and make any other order that is necessary
or desirable, including an order about costs.
(7) If a Local Court amends an appealable decision, the decision
30 has effect accordingly.
page 54
Dangerous Goods Safety Bill 2002
Miscellaneous Part 8
s. 68
Part 8 -- Miscellaneous
68. Protection from liability for volunteers etc.
(1) An action in tort does not lie against a person for anything that
the person has done, in good faith and for no fee, charge or
5 other reward, for the purpose of dealing with, helping to deal
with, or attempting to deal with, a dangerous goods incident or a
dangerous situation.
(2) Subsection (1) does not apply to a person whose act or omission
was wholly or partly the cause of the incident or situation.
10 (3) Subsection (1) applies to a government agency (within the
meaning given by section 51(1)) even though the agency
requires payment for a service provided in connection with the
situation or recovers its costs under section 51.
(4) In the case of a DGO this section is subject to section 32.
15 69. Review of Act
(1) As soon as practicable after the fifth anniversary of its
commencement, the Minister must review the operation and
effectiveness of this Act and prepare a report about the review.
(2) As soon as practicable after preparing the report, the Minister
20 must cause it to be laid before each House of Parliament.
70. Repeals and consequential amendments (Sch. 2)
Schedule 2 has effect.
page 55
Dangerous Goods Safety Bill 2002
Schedule 1 Subjects for regulations
Schedule 1 -- Subjects for regulations
[s. 18(2)]
1. Dangerous goods generally
(1) The classification of dangerous goods.
5 (2) Methods for assigning dangerous goods to a class.
(3) Empowering the Chief Officer to determine which substances or
articles are --
(a) dangerous goods;
(b) dangerous goods of a particular class;
10 (c) dangerous goods that are too dangerous to be transported or
too dangerous to be transported in bulk;
(d) incompatible with dangerous goods.
(4) The analysis and testing of dangerous goods or substances or articles
that may be dangerous goods.
15 (5) Standards for the quality and composition of dangerous goods.
(6) The information to be given to the Chief Officer about the
composition or properties of dangerous goods that are proposed to be
manufactured in or imported into the State.
(7) Prohibiting or controlling the import, storage, handling or transport of
20 dangerous goods.
(8) Prohibiting or controlling the use of a place, vehicle, equipment or
thing that is used in connection with the storage, handling or transport
of dangerous goods.
(9) The authorisation of dangerous goods.
25 (10) The segregation of incompatible dangerous goods.
(11) Requirements for the safe storage, handling or transport of dangerous
goods.
(12) Requiring the documentation of matters in relation to the safe storage,
handling and transport of dangerous goods, including --
30 (a) the identification of hazards;
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Dangerous Goods Safety Bill 2002
Subjects for regulations Schedule 1
(b) the assessment, minimisation and control of the risk to
people, property or the environment from dangerous goods;
and
(c) safe operating procedures.
5 (13) Requiring written plans to deal with emergencies involving dangerous
goods.
(14) Specifying which of the documents required by the regulations are
safety management documents for the purposes of this Act.
(15) Requiring written reports of and about dangerous goods incidents and
10 dangerous situations.
(16) Requiring the theft or disappearance of dangerous goods to be
reported to the Chief Officer.
(17) The duties of persons engaged in activities relating to the import,
storage, handling or transport of dangerous goods.
15 2. Persons involved with dangerous goods
(1) The training and qualifications required of persons engaged in
activities relating to the storage, handling or transport of dangerous
goods, including activities relating to plant or equipment that is used
in connection with dangerous goods.
20 (2) The approval of training courses and of qualifications for the purposes
of this Act.
(3) Voluntary accreditation schemes, including privileges to be accorded
and sanctions to be imposed under the schemes and suspension and
cancellation of such schemes.
25 (4) Requiring persons engaged in activities relating to the storage,
handling or transport of dangerous goods to be accredited.
3. Possession, sale and supply of dangerous goods
(1) Prohibiting or controlling the possession, sale or supply of dangerous
goods.
30 (2) The maximum quantities of dangerous goods that may be possessed
by, or sold or supplied to, a person at any one time.
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Dangerous Goods Safety Bill 2002
Schedule 1 Subjects for regulations
(3) Prohibiting or controlling the supply of dangerous goods to persons
under the age of 18 years or persons who are unable by reason of a
mental disability (which term includes intellectual disability, a
psychiatric condition, an acquired brain injury and dementia) to
5 understand the risk from the goods.
4. Dangerous goods sites
(1) The classification of dangerous goods sites.
(2) Methods for assigning dangerous goods sites to a class.
(3) Empowering the Chief Officer to determine the classification of
10 dangerous goods sites.
(4) Prohibiting or controlling the use of dangerous goods sites and
activities on them.
(5) The registration and licensing of dangerous goods sites.
(6) The design, construction and use of structures, facilities and
15 equipment on dangerous goods sites.
(7) Standards for the quality of structures, facilities and equipment on
dangerous goods sites.
(8) The information to be given to the Chief Officer about the
construction and use of any thing on a dangerous goods site, including
20 about proposals for such matters.
(9) The security, safety, and safe operation of dangerous goods sites.
(10) Requiring signs to be displayed at dangerous goods sites.
(11) The form and content of the signs.
(12) The information to be made available to the public about hazards, and
25 the risk to people, property or the environment from dangerous goods,
on dangerous goods sites.
(13) The duties of persons having the control or management of dangerous
goods sites and of persons on such sites.
(14) Insurance and indemnity requirements in respect of dangerous goods
30 sites.
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Dangerous Goods Safety Bill 2002
Subjects for regulations Schedule 1
5. Pipelines carrying dangerous goods
(1) In this clause --
"dangerous goods pipeline" means a pipeline that is or is intended to
be used to carry dangerous goods across one or more cadastral
5 boundaries.
(2) The registration of dangerous goods pipelines.
(3) The design, construction and use of dangerous goods pipelines.
(4) Standards for the quality of dangerous goods pipelines.
(5) The information to be given to the Chief Officer about the
10 construction and use of dangerous goods pipelines, including about
proposals for such matters.
(6) The security, safety and safe operation of dangerous goods pipelines.
(7) Requiring dangerous goods pipelines to be labelled, marked or
signposted.
15 (8) The form and content of the labels, marks and signs.
(9) The duties of persons engaged in activities relating to the construction
and use of dangerous goods pipelines.
(10) Insurance and indemnity requirements in respect of dangerous goods
pipelines.
20 6. Packaging and labelling of dangerous goods
(1) The design, manufacture, construction and use of containers used to
contain dangerous goods.
(2) Standards for the quality of containers used to contain dangerous
goods.
25 (3) Empowering the Chief Officer to approve containers used to contain
dangerous goods.
(4) Requiring containers of dangerous goods to be labelled, marked or
placarded.
(5) The form and content of the labels, marks and placards.
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Dangerous Goods Safety Bill 2002
Schedule 1 Subjects for regulations
(6) The packing of dangerous goods and the packaging used.
(7) The information to be displayed on dangerous goods.
7. Transport of dangerous goods
(1) Prohibiting the transport of dangerous goods that are too dangerous to
5 be transported or dangerous goods that are too dangerous to be
transported in bulk.
(2) The design, manufacture, construction and use of containers,
equipment, vehicles and other items used in relation to the transport of
dangerous goods.
10 (3) Standards for the quality of containers, equipment, vehicles and other
items used in relation to the transport of dangerous goods.
(4) Empowering the Chief Officer to approve --
(a) containers, equipment and other items used in relation to the
transport of dangerous goods;
15 (b) facilities for and methods of testing containers, equipment
and other items used, and processes carried out, in relation to
the transport of dangerous goods.
(5) Requiring containers and vehicles used to transport dangerous goods
to be labelled, marked or placarded.
20 (6) The form and content of the labels, marks and placards.
(7) The loading of dangerous goods for, and the unloading of dangerous
goods after, their transport.
(8) The licensing of vehicles used to transport dangerous goods.
(9) The licensing of drivers of vehicles used to transport dangerous
25 goods.
(10) The records to be created and kept in respect of dangerous goods
being transported and empowering the Chief Officer to approve
alternative records.
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Dangerous Goods Safety Bill 2002
Subjects for regulations Schedule 1
(11) Procedures for the transport of dangerous goods, including but not
limited to --
(a) the quantities and circumstances in which dangerous goods,
or particular classes of dangerous goods, may be transported;
5 (b) prohibiting or controlling the transport of different classes of
dangerous goods together;
(c) the information about dangerous goods to be carried with
them.
(12) The security, safety and safe operation of vehicles used to transport
10 dangerous goods.
(13) Empowering the Chief Officer to determine the routes along which,
the areas in which, and the periods during which, dangerous goods
may or may not be transported.
(14) The duties of persons engaged in activities relating to the transport of
15 dangerous goods and passengers carrying dangerous goods.
(15) Insurance and indemnity requirements in respect of the transport of
dangerous goods.
8. Licences, registrations, permits and exemptions
(1) In this clause --
20 "approval" includes a licence, registration and permit.
(2) Applications for approvals and exemptions.
(3) The transfer of approvals and exemptions.
(4) The training, qualifications and experience required of applicants for
licences.
25 (5) Requiring applicants for licences to sit tests to establish their
competence and to submit to medical examinations.
(6) Granting and amending approvals with or without conditions.
(7) The conditions that may be imposed when granting or amending an
approval including conditions that require the holder of the
30 approval --
(a) to be insured against any loss or damage, or to provide
security for the remediation of any damage, injury or harm,
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Dangerous Goods Safety Bill 2002
Schedule 1 Subjects for regulations
that may result from the holder's acts or omissions in relation
to dangerous goods; or
(b) to provide security for --
(i) the holder's compliance with any remediation notice
5 that might be issued to the holder under section 47; or
(ii) any costs that might be recoverable from the holder
under section 50.
(8) The period for which approvals may be granted; not exceeding
5 years in the case of licences and registrations and one year in the
10 case of permits.
(9) Refusing, suspending and cancelling approvals, including
empowering the Chief Officer to refuse, suspend or cancel approvals
for good reason.
(10) Reviewing decisions refusing, granting, amending, suspending or
15 cancelling approvals or imposing conditions.
(11) Requiring holders of approvals and exemptions to carry and produce
them.
9. Fees and charges
(1) The fees to be paid when applying for and on the issue, granting,
20 variation, transfer or renewal of approvals, licences, registrations,
permits and exemptions under this Act.
(2) The fees to be paid for examinations or tests conducted on persons
applying for licences or permits under this Act.
(3) The fees and charges to be paid for official inspections, assessments,
25 examinations, tests and analyses of places, vehicles, plant, equipment,
articles, substances or records, that are made under or for the purposes
of this Act.
(4) The fees and charges to be paid for the use of any land or facility for
storing or handling dangerous goods that is owned by the Crown, an
30 agency of the Crown, the State, or a government agency within the
meaning of section 51(1), and used for public purposes.
(5) Refunds of fees and charges.
page 62
Dangerous Goods Safety Bill 2002
Subjects for regulations Schedule 1
10. Miscellaneous
(1) The authorisation of plant, equipment or things used in connection
with the storage, handling or transport of dangerous goods.
(2) Requiring records to be kept by persons engaged, directly or
5 indirectly, in importing, storing, handling or transporting dangerous
goods.
(3) Requiring copies of reports, plans and other records made under the
regulations to be given to a DGO or the Chief Officer.
(4) The approval of persons, other than DGOs, to conduct inspections,
10 assessments and examinations of, and tests on, places, vehicles, plant,
equipment, articles, substances or people for the purposes of this Act.
(5) The approval of laboratories to conduct tests on samples taken under
this Act or on dangerous goods.
(6) Forms to be used for the purposes of this Act and empowering the
15 Chief Officer to approve such forms.
(7) Transitional and savings provisions in relation to matters such as
licences, permits, registrations and exemptions granted under the
written laws that are repealed by this Act.
page 63
Dangerous Goods Safety Bill 2002
Schedule 2 Repeals and consequential amendments
Schedule 2 -- Repeals and consequential amendments
[s. 70]
Division 1 -- Dangerous Goods (Transport) Act 1998 repealed
1. Dangerous Goods (Transport) Act 1998 repealed
5 (1) The Dangerous Goods (Transport) Act 1998 is repealed.
(2) The following regulations, made under the Dangerous Goods
(Transport) Act 1998, are repealed --
(a) Dangerous Goods (Transport) (Dangerous Goods in Ports)
Regulations 2001;
10 (b) Dangerous Goods (Transport) (Explosives by Road and Rail)
Regulations 1999;
(c) Dangerous Goods (Transport) (General) Regulations 1999;
(d) Dangerous Goods (Transport) (Road and Rail)
Regulations 1999.
15 Division 2 -- Explosives and Dangerous Goods Act 1961 repealed
2. Explosives and Dangerous Goods Act 1961 repealed
(1) The Explosives and Dangerous Goods Act 1961 is repealed.
(2) The following regulations, made under the Explosives and Dangerous
Goods Act 1961, are repealed --
20 (a) Explosives and Dangerous Goods (Dangerous Goods
Handling and Storage) Regulations 1992;
(b) Explosives and Dangerous Goods (Explosives)
Regulations 1963;
(c) Explosives and Dangerous Goods (Search Warrant)
25 Regulations 1979.
page 64
Dangerous Goods Safety Bill 2002
Repeals and consequential amendments Schedule 2
3. Consequential amendments
(1) The Consumer Affairs Act 1971* is amended in the Schedule by
deleting "Explosives and Dangerous Goods Act 1961" and inserting
instead --
5 " Dangerous Goods Safety Act 2002 ".
[* Reprinted as at 25 March 1999.
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 74.]
(2) The Mines Safety and Inspection Act 1994* is amended as follows:
10 (a) in section 4 by deleting the definition of "blasting agent";
(b) in section 4 by deleting the definition of "explosives" and
inserting instead --
"
"explosives" means a substance or article used or
15 manufactured with the purpose of producing a practical
effect by explosion or a pyrotechnic effect;
";
(c) in section 76(4)(c) by deleting "or blasting agents";
(d) in section 104(1)(d)(i) by deleting ", blasting agents,";
20 (e) in section 104(1)(d)(ii) by deleting ", blasting agents".
[* Reprinted as at 17 March 2000.
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 243 and Act No. 16 of 2002.]
(3) The Petroleum Pipelines Act 1969* is amended in section 32 by
25 deleting "Explosives and Dangerous Goods Act 1961" and inserting
instead --
" Dangerous Goods Safety Act 2002 ".
[* Reprinted as at 12 May 2000.
For subsequent amendments see 2001 Index to Legislation of
30 Western Australia, Table 1, p. 281.]
page 65
Dangerous Goods Safety Bill 2002
Schedule 2 Repeals and consequential amendments
(4) The Port Authorities Act 1999* is amended in Schedule 7 item 7 by
deleting "explosives and dangerous goods as respectively defined by
the Explosives and Dangerous Goods Act 1961" and inserting
instead --
5 "
dangerous goods as defined by the Dangerous Goods Safety
Act 2002
".
[* Act No. 22 of 1999.
10 For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 295 and Act No. 20 of 2002.]
(5) The Western Australian Marine Act 1982* is amended as follows:
(a) in section 3(1) in the definition of "dangerous goods" by
deleting "Explosives and Dangerous Goods Act 1961" and
15 inserting instead --
" Dangerous Goods Safety Act 2002 ";
(b) in section 3(1) by deleting the definition of "explosives" and
inserting instead --
"
20 "explosives" means a substance or article used or
manufactured with the purpose of producing a practical
effect by explosion or a pyrotechnic effect;
";
(c) in section 91(1)(a) by deleting "Explosives and Dangerous
25 Goods Act 1961" and inserting instead --
" Dangerous Goods Safety Act 2002 ".
[* Reprinted as at 28 January 2000.]
page 66
Dangerous Goods Safety Bill 2002
Defined Terms
Defined Terms
[This is a list of terms defined and the provisions where they are defined.
The list is not part of the law.]
Defined Term Provision(s)
aggravated circumstances ...........................................................................17(1)
appealable decision ....................................................................................67(1)
application ................................................................................................43(1)
approval ...................................................................................... Sch. 1, cl. 8(1)
approved ..................................................................................................... 3(1)
approved auditor ........................................................................................46(1)
approved code of practice ...........................................................................62(1)
audit...........................................................................................................46(1)
authorised person .......................................................................................56(1)
Chief Officer ............................................................................................... 3(1)
code ...........................................................................................................19(1)
container ..................................................................................................... 3(1)
dangerous goods.......................................................................................... 3(1)
dangerous goods incident ............................................................................ 3(1)
dangerous goods officer............................................................................... 3(1)
dangerous goods pipeline............................................................. Sch. 1, cl. 5(1)
dangerous goods site.................................................................................... 3(1)
dangerous situation...................................................................................... 3(1)
DGO ........................................................................................................... 3(2)
direction.....................................................................................................54(1)
director ......................................................................................................60(1)
driver .......................................................................................................... 3(1)
dwelling......................................................................................................... 33
employer ....................................................................................................60(6)
enforcement purposes ..................................................................................... 33
engaging in conduct ...................................................................................60(1)
entry warrant .................................................................................................. 33
exemption ......................................................................................... 3(1), 23(1)
give............................................................................................................. 3(1)
government agency.....................................................................................51(1)
handle ......................................................................................................... 3(1)
harm ........................................................................................................... 5(1)
incident ....................................................................................................... 3(1)
JP................................................................................................................... 41
label ...........................................................................................................59(1)
licence........................................................................................................11(1)
mobile home .................................................................................................. 33
national scheme..........................................................................................23(1)
notice .........................................................................................................54(1)
page 67
Dangerous Goods Safety Bill 2002
Defined Terms
officer ........................................................................................................61(1)
official .......................................................................................................32(1)
place .............................................................................................................. 33
record.......................................................................................................... 3(1)
relevant record ...........................................................................................38(1)
remote communication ................................................................................ 3(1)
reportable situation...................................................................................... 9(1)
risk.............................................................................................................. 3(1)
safety management document ...................................................................... 3(1)
specified...................................................................................................... 3(1)
state of mind ..............................................................................................60(1)
subsidiary legislation ..................................................................................19(1)
substance..................................................................................................... 3(1)
transport...................................................................................................... 3(1)
unauthorised person....................................................................................40(1)
vehicle ........................................................................................................ 3(1)
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