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This Act may be cited as the Dangerous Goods Act 1998.
The provisions of this Act come into operation on the date or dates fixed by the Administrator by notice in the Gazette.
In this Act, unless the contrary intention appears:
code of practice means a code of practice under section 37 as in force from time to time.
Competent Authority means the Chief Executive Officer, within the meaning of the Public Sector Employment and Management Act 1993, of the Agency allotted the responsibility for the administration of this Act by an Administrative Arrangements Order.
container means a thing in or by which dangerous goods are wholly or partly encased, covered, enclosed, contained or packed and includes a component, receptacle, covering or material necessary for the container to perform its containment function.
convey, in relation to dangerous goods, includes the transport, transmission and carriage of the dangerous goods by any means and the transport, transmission and carriage of dangerous goods by a pipeline or within premises.
dangerous goods means substances or things:
declared by the Competent Authority under section 6; or
to be dangerous goods.
dangerous situation means a situation or occurrence involving dangerous goods that:
(a) is causing or is likely to cause imminent risk of the death of or injury to a person or damage to property; or
(b) has resulted in the death of or injury to a person or damage to property,
and includes an explosion, fire or loss of containment of dangerous goods and a likely explosion, fire or loss of containment of dangerous goods.
further notice means a notice given under section 25.
handling, in relation to dangerous goods, includes preparing, packaging, manufacturing, storing, using, loading, unloading, supplying, selling, purchasing, receiving, processing, treating, labelling, marking, dispensing, transferring, rendering harmless, placarding, destroying, disposing of, conveying and transporting of the dangerous goods.
hazard means any thing or situation capable of injuring a person, compromising the health or safety of a person or damaging property and includes a dangerous situation.
improvement notice means a notice given under section 24.
involved in handling dangerous goods includes:
to arrange for the handling of dangerous goods;
(b) to import or export, or arrange the import or export of, dangerous goods into the Territory;
to consign, or receive or be the consignee of, dangerous goods;
to undertake or be responsible for handling dangerous goods;
to drive or operate a vehicle conveying dangerous goods;
(f) to be involved as a director, secretary or manager of a body corporate, or other person who takes part in the management of a body corporate, that takes part in the handling of dangerous goods; and
to be an occupier of premises where dangerous goods are handled.
licence means a licence granted under the Regulations and includes a provisional licence, permit, notice of approval, certificate, provisional certificate and a renewal of a licence, permit, notice of approval or certificate.
licensee means a person granted a licence.
manufacture includes to make, remake, alter, break up and recondition.
member of the Fire and Rescue Service means a member of the Northern Territory Fire and Rescue Service, other than a volunteer member or an auxiliary member, within the meaning of the Fire and Emergency Act 1996.
officer means a person appointed under section 17(1) and includes:
the Competent Authority; and
a person referred to in section 17(3).
person in charge of the dangerous goods means, in relation to dangerous goods or goods an officer reasonably believes to be dangerous goods:
(a) the occupier of the place, premises or vehicle where, or on or in which, the goods are being or have been handled;
the person who owns the goods;
(c) the employer (or manager) in relation to the place, premises or vehicle where, or on or in which, the goods are being or have been handled; or
a person licensed in relation to the goods.
plant includes:
(a) machinery, pressure vessels, equipment, appliances, implements, scaffolding and tools; and
(b) any component of or thing fitted, connected or appurtenant, to plant.
practicable, in relation to a hazard, risk or dangerous situation, means practicable having regard to:
the severity of the hazard, risk or danger;
(b) the state of knowledge about the hazard, risk or dangerous situation and the ways of averting, eliminating or minimising the hazard, risk or danger;
(c) the availability and suitability of ways to avert, eliminate or minimise the hazard, risk or danger; and
(d) the cost of averting, eliminating or minimising the hazard, risk or danger.
premises includes land and permanent or temporary buildings and structures on land.
prohibition notice means a notice given under section 22.
risk means the probability of a hazard injuring a person, compromising the health or safety of a person or damaging property.
sell includes:
barter or exchange;
contract to sell or offer or expose for sale, barter or exchange;
(c) authorise, permit, cause or suffer to be sold, bartered, exchanged or offered or exposed for sale;
(d) have in possession for the purpose of sale, barter or exchange; and
(e) authorise, permit, cause or suffer to be sent, forwarded or delivered for sale or for barter or exchange.
substance includes a solid, liquid or gas or any mixture of solids, liquids or gases.
vehicle means a vehicle used or intended to be used, or adapted or capable of being adapted for use, on roads or rails and includes:
a train;
(b) a trailer or caravan intended or adapted or capable of being adapted for use as an attachment to a vehicle; and
anything attached to a vehicle, trailer or caravan.
This Act does not apply to or in relation to:
a) radiation material within the meaning of the Radiation Protection Act 2004; or
(b) radioactive material within the meaning of the Radioactive Ores and Concentrates (Packaging and Transport) Act 1980; or
(c) a prescribed substance within the meaning of the Atomic Energy Act 1953 of the Commonwealth.
This Act does not apply in relation to:
the transport of dangerous goods by road or rail; or
any associated activity or matter,
to the extent to which it is regulated by the Transport of Dangerous Goods by Road and Rail (National Uniform Legislation) Act 2010 or regulations made under that Act.
(3) This Act does not apply in relation to an activity involving dangerous goods to the extent to which the activity is regulated under the Work Health and Safety (National Uniform Legislation) Act 2011.
If there is an inconsistency between:
a provision of this Act or regulations under this Act; and
a provision of an overriding Act or overriding Regulations;
the provision of the overriding Act or overriding Regulations prevails.
In this section:
overriding Act means:
(a) the Transport of Dangerous Goods by Road and Rail (National Uniform Legislation) Act 2010; or
(b) the Work Health and Safety (National Uniform Legislation) Act 2011.
overriding Regulations means regulations made under an overriding Act.
This Act binds the Crown in right of the Territory and, so far as the legislative power of the Legislative Assembly permits, the Crown in all its other capacities.
The Competent Authority may, by notice in the Gazette:
(a) declare a substance or thing (including a chemical) to be dangerous goods; and
classify a substance or thing declared under paragraph (a).
(2) A declaration or classification under subsection (1) may be made by reference to, or by adopting or incorporating, a standard, rule, code, specification or guide relating to the dangerous goods or the classification of the dangerous goods as in force at a particular time.
The Competent Authority may, in writing, delegate to a person any of his or her powers and functions under this Act or the
Regulations, other than this power of delegation.
A delegation under subsection (1) may be made to a named person or to a person from time to time holding, acting in or performing the duties of a named office, designation or position.
A power or function delegated under this section when exercised or performed by the delegate is to be taken to have been exercised or performed by the Competent Authority.
A delegation under this section does not prevent the exercise of a power or performance of a function by the Competent Authority.
The Competent Authority is subject to the directions of the Minister when exercising his or her powers and performing his or her functions.
(1) A person involved in the handling of dangerous goods must ensure, as far as practicable, that the goods are handled safely.
Maximum penalty: In the case of a body corporate:
2 160 penalty units; or
(b) where an offence results in death or serious harm to a person – 4 0320 penalty units.
In the case of a natural person:
430 penalty units or imprisonment for 2 years; or
(b) where an offence results in death or serious harm to a person – 860 penalty units or imprisonment for 4 years.
(2) Without limiting subsection (1), a person involved in the handling of dangerous goods contravenes that subsection if he or she fails to ensure, as far as practicable, that:
(a) the goods are handled in a manner or in circumstances that the goods will not:
(i) endanger or be likely to endanger the safety or health of a person; or
damage or be likely to damage any property; or
the goods are not abandoned.
(3) Without limiting subsection (1), a person in charge of dangerous goods contravenes that subsection if he or she fails to ensure, as far as practicable, that:
(a) where plant or a container, vehicle, building or structure is used in the handling of the goods, the plant, container, vehicle, building or structure is safe and maintained in a safe condition;
(b) plant, containers and substances used, handled, stored or transported in relation to the goods are used, handled, stored or transported in a safe manner; or
a system is in place that provides and ensures:
the safe management of the goods;
(ii) the identification of hazards and the assessment and control of risks;
safe work practices;
(iv) that appropriate information, training, instruction and supervision are provided in relation to the safe handling of the goods to each person involved in the handling of the goods; and
(v) that appropriate information in relation to the safe handling of the goods is provided to other persons affected, or likely to be affected, by the handling of the goods.
In this section:
serious harm has the same meaning as in the Criminal Code.
A person must not knowingly cause, or knowingly contribute to, a dangerous situation.
Maximum penalty: In the case of a body corporate – 2 160 penalty units.
In the case of a natural person – 430 penalty units or imprisonment for 2 years.
(1) A person who manufactures, imports or supplies dangerous goods must ensure, as far as practicable, that the goods are not imported into, or supplied in, the Territory in an unsafe condition.
Maximum penalty: In the case of a body corporate – 2 160 penalty units.
In the case of a natural person – 430 penalty units.
(2) A person who manufactures, imports or supplies dangerous goods must ensure, as far as practicable, that the goods are:
(a) given the correct classification as required by this Act or the Regulations;
listed and labelled in accordance with the Regulations; and
contained in an appropriate container.
Maximum penalty: In the case of a body corporate – 430 penalty units.
In the case of a natural person – 85 penalty units.
(3) A person who manufactures, imports or supplies dangerous goods must ensure, as far as practicable, that:
adequate toxicological data in respect of the goods; and
(b) all other information and data relevant to the safe handling of the goods,
is provided when the goods are supplied by him or her and at any time at the request of a person.
Maximum penalty: In the case of a body corporate – 430 penalty units.
In the case of a natural person – 85 penalty units.
A person who designs, manufactures, imports, supplies or sells plant or a container, vehicle, building or structure intended to be used in the handling of dangerous goods must ensure, as far as practicable, that the design and characteristics of the plant, container, vehicle, building or structure are such that the use of the plant, container, vehicle, building or structure in accordance with the designers,
supplier's or manufacturer's instructions is not likely to endanger the safety or health of a person or to damage any property.
Maximum penalty: In the case of a body corporate – 2 160 penalty units.
In the case of a natural person – 430 penalty units.