Clinical Waste Act 1990

This Act is the Clinical Waste Act 1990.

The dictionary at the end of this Act is part of this Act.

Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act.

For example, the signpost definition ‘connected, for part 6 (Enforcement)—see section 31.’ means that the term ‘connected’ is defined in that section for part 6.

Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

A note included in this Act is explanatory and is not part of this Act.

Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Other legislation applies in relation to offences against this Act.

Note 1 Criminal Code

The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).

The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

Note 2 Penalty units

The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

The Minister may declare waste to be clinical waste for this Act.

The Minister may declare an activity to be a prescribed activity for this Act.

A declaration under this section is a disallowable instrument.

This Act does not apply to radioactive material within the meaning of the Radiation Protection Act 2006.

The director‑general must appoint a public servant as the Clinical Waste Controller.

Note 1 For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.

Note 2 In particular, an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207).

The controller may delegate to a public servant the controller’s functions under this Act.

Note For the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4.

The director‑general may appoint a public servant as an inspector.

Note 1 For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.

Note 2 In particular, an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207).

The controller is also an inspector.

The director‑general must give an authorised person an identity card stating the person’s name and position.

The identity card must show—

a recent photograph of the person; and

the card’s date of issue and expiry; and

if the person is only authorised to exercise functions under particular provisions of this Act—the provisions; and

anything else prescribed by regulation.

A person commits an offence if—

the person stops being an authorised person; and

the person does not return the person’s identity card to the director‑general as soon as practicable, but not later than 7 days after the day the person stops being an authorised person.

Maximum penalty: 1 penalty unit.

An offence against this section is a strict liability offence.

In this section:

authorised person means a person holding any of the following positions:

the controller;

a delegate of the controller with any delegated powers of an inspector;

an inspector mentioned in section 9 (3) (a).

The Minister may declare a place to be a disposal site for clinical waste.

A declaration is a notifiable instrument.

The Minister must make a clinical waste manual for this Act.

The manual—

may contain requirements, not inconsistent with this Act, relating to—

the way in which clinical waste may be stored, treated, transported or disposed of; or

the kinds of containers in which clinical waste may be stored or transported; or

the labelling and marking of containers used for the storage or transport of clinical waste; and

must contain a list of waste disposal sites.