Dangerous Substances Act 2004

For this Act, a dangerous substance is correctly classified if—

if a regulation applies to the classification of the substance—the substance is classified in accordance with the regulation; or

if a declaration under subsection (2) applies to the classification of the substance—the substance is classified in accordance with the declaration; or

in any other case—the substance is classified in accordance with an incorporated document applying to the classification of the substance.

Note An incorporated document has no effect to the extent that it is inconsistent with a regulation (see s 9 (1)).

The Minister may declare—

that a dangerous substance belongs, or does not belong, to a stated classification (however described) of dangerous substances; or

a method for classifying a stated dangerous substance.

A declaration under subsection (2) has no effect to the extent that it is inconsistent with a regulation.

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