Dangerous Substances Act 2004

This Act is the Dangerous Substances Act 2004.

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.

For example, the signpost definition ‘infringement notice—see the Magistrates Court Act 1930, section 117.’ means that the term ‘infringement notice’ is defined in that section and the definition applies to this Act.

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.

Chapter 2 Important concepts

Part 2.1 Operation of Act

The purpose of this Act is to protect the health and safety of people, and to protect property and the environment from damage, from the hazards associated with dangerous substances.

The purpose of this Act includes the following:

to eliminate the hazards associated with dangerous substances;

if it is not reasonably practicable to eliminate the hazards—to minimise as far as reasonably practicable the risks resulting from the hazards by, for example—

ensuring that the hazards are identified and the risks are assessed and controlled; and

requiring information and training about the hazards and the safe handling of the substances to be made available to people handling the substances;

to allocate responsibilities to people in relation to dangerous substances;

to regulate dangerous substances, including by providing for authorisation, licensing, notification and registration schemes for dangerous substances.

This Act does not apply to the following:

the transmission, distribution and use of natural gas to which the Gas Safety Act 2000 or Utilities Act 2000 applies;

the transmission, distribution and use of LPG to which the Gas Safety Act 2000 applies;

ammunition under the Firearms Act 1996, other than the manufacture or transport of ammunition;

an infectious substance under the Clinical Waste Act 1990;

radioactive material under the Radiation Protection Act 2006;

anything else prescribed by regulation.

In this section:

LPG—see the Gas Safety Act 2000, dictionary, definition of gas, paragraph (b).

The duties under this Act in relation to dangerous substances are in addition to duties in relation to them under any other law in force in the ACT.

Note 1 A reference to an Act includes a reference to statutory instruments made or in force under the Act, including any regulation and any law or instrument applied, adopted or incorporated by the Act (see Legislation Act, s 104).

Note 2 Other legislation in force in the ACT relating to dangerous substances includes the following:

 Dangerous Goods (Road Transport) Act 2009

 Emergencies Act 2004

 Environment Protection Act 1997

 Medicines, Poisons and Therapeutic Goods Act 2008

 Work Health and Safety Act 2011.

Note 3 See the Emergencies Act 2004 for provisions relating to hazardous materials incidents (which may include dangerous occurrences).

Note 4 See the Dangerous Goods (Road Transport) Act 2009 for the transport by road of certain dangerous substances that are classified as dangerous goods under that Act.

A duty or power under another territory law, other than the WHS Act, in relation to a dangerous substance has no effect to the extent that it is inconsistent with a duty under this Act in relation to the substance.

However, a duty or power under another territory law, other than the WHS Act, in relation to a dangerous substance must not be taken to be inconsistent with a duty under this Act to the extent that they can operate concurrently.

A person is taken to have complied with a duty under this Act in relation to a substance, thing or circumstance if the person—

has a corresponding duty under the WHS Act in relation to the substance, thing or circumstance; and

has complied with the duty under the WHS Act.

A duty or power under this Act in relation to a dangerous substance has no effect to the extent that it is inconsistent with a duty under the WHS Act in relation to the substance.

However, a duty or power under this Act in relation to a dangerous substance must not be taken to be inconsistent with a duty under the WHS Act to the extent that they can operate concurrently.

An approved code of practice or incorporated document has no effect to the extent that it is inconsistent with a regulation.

However, an approved code of practice or incorporated document must not be taken to be inconsistent with a regulation to the extent that it can operate concurrently.

Part 2.2 Important terms

In this Act:

dangerous substance means a substance that is—

classified—

as an explosive under the Australian Explosives Code; or

in class 1 (Explosives) under the ADG Code; or

asbestos; or

a security sensitive substance; or

prescribed by regulation to be a dangerous substance; or

declared under subsection (2) to be a dangerous substance.

Note Asbestos is also dealt with under the Work Health and Safety Act 2011. See s 8 and s 8A for how these Acts interact.

The Minister may declare a substance to be a dangerous substance.

A declaration under subsection (2) is a disallowable instrument.

In this Act:

security sensitive substance means a substance that is—

prescribed by regulation to be a security sensitive substance; or

declared under subsection (2) to be a security sensitive substance.

The Minister may declare a substance (other than an explosive) to be a security sensitive substance.

A declaration under subsection (2) is a disallowable instrument.

For this Act, handle a dangerous substance includes the following:

import or export the substance;

manufacture, process or treat the substance;

supply, receive or dispense the substance;

mark or label an article, container or package of the substance, or placard or put up signs in relation to the substance;

pack, consign or carry the substance;

store the substance;

possess, or otherwise have custody or control of, the substance;

use the substance;

dispose of the substance or render it harmless.

Examples for par (d)

1 label a container of a dangerous substance in accordance with the ADG Code

2 put up warning signs around a factory about hazards associated with a dangerous substance used at the factory

3 attach a placard to a building that includes the hazchem code under the ADG Code for a dangerous substance stored at the building