Dangerous Goods Act 1998

(1) The Minister may, on the recommendation of the Competent Authority, by notice in the Gazette, approve a code of practice for the purpose of providing practical guidance on a matter relating to this Act or the Regulations.

(2) A code of practice may consist of a code, standard, rule, specification or provision relating to a matter in this Act formulated, prepared or adopted by the Competent Authority and may apply, incorporate or refer to a document formulated or published by a body or authority as in force at the time the code of practice is approved or as amended, formulated or published from time to time.

(a) where a copy of the code of practice to which it relates, and all documents applied, incorporated or referred to in the code, may be inspected by members of the public without charge; and

(4) The Competent Authority is to make a code and documents referred to in a notice under subsection (3) available in accordance with the notice.

(5) The Competent Authority may approve in writing, in relation to a particular place, premises or vehicle where or in or on which dangerous goods are handled, a code of practice presented to him or her by a person in charge of the dangerous goods.

(6) Subject to subsections (7) and (8), a code of practice approved under subsection (5) prevails over a code of practice approved under subsection (1) in relation to that place, premises or vehicle.

(7) The Competent Authority must not approve a code of practice under subsection (5) that, in his or her opinion, adopts standards less stringent than the minimum relevant standards for the time being in a code of practice approved under subsection (1).

(a) a relevant standard in a code of practice approved under subsection (1) that is more stringent than a standard in a code of practice approved under subsection (5); or

(b) a relevant standard in a code of practice approved under subsection (1) in relation to a matter that is not provided for in a code of practice approved under subsection (5),

that standard in the code of practice approved under subsection (1) is to prevail or apply, as the case may be, and is to be taken to be incorporated in the code of practice approved under subsection (5).

(9) The person in charge of dangerous goods must make a code of practice approved under subsection (5) in relation to the dangerous goods available for inspection at all reasonable times by a person involved in the handling of the dangerous goods.

Maximum penalty: 17 penalty units.

(11) A person is not liable to a civil or criminal action by reason only that he or she has failed to observe a provision of a code of practice.