Dangerous Substances Act 1979

This

Act may be cited as the Dangerous

Substances Act 1979.

In this Act, unless the contrary intention appears—

authorised officer means a person appointed as an authorised officer under Part

2;

Competent

Authority means a person, officer or authority appointed as a Competent

Authority under Part

2;

conveyance in relation to a dangerous substance means movement of the dangerous substance whether by a craft, pipeline or other means, other than by a vehicle, and convey has a corresponding meaning;

craft means—

an aircraft or vessel; or

any other craft brought within the ambit of this definition by the regulations;

dangerous goods means—

a substance or article declared by the regulations to be dangerous goods; or

a substance or article determined by a Competent Authority in accordance with the regulations to be dangerous goods;

dangerous situation means a situation that is creating or likely to create—

imminent risk to the health or safety of a person, or the safety of a person's property; or

imminent risk of environmental harm;

dangerous substance means—

dangerous goods; or

any other substance or article that is toxic, corrosive, flammable or otherwise dangerous and declared by the regulations to be a dangerous substance;

the

Government Analyst means the person appointed by the Governor to be the Government

Analyst or any person for the time being acting in that office;

plant includes—

any machine, engine, equipment, container or device;

any component, fitting, pipe or accessory used in or in connection with any machine, engine, equipment, container or device;

premises means any land or any building or structure whether fixed or moveable;

substance means a solid, liquid or gas or any mixture of solids, liquids or gases;

transport in relation to dangerous goods encompasses any form of transport of dangerous goods by vehicle and includes—

the packing, loading and unloading of the goods, and the transfer of the goods to or from a vehicle; and

the marking of packages and unit loads containing dangerous goods, and the placarding of containers and vehicles in which dangerous goods are transported; and

other matters incidental to their transport;

Tribunal means the South Australian Civil and Administrative Tribunal established under the South

Australian Civil and Administrative Tribunal Act 2013;

unit load has the meaning assigned by regulations under this Act;

vehicle means a vehicle that is used or capable of being used to transport any substance or article on land and includes—

a trailer or caravan; and

a locomotive, carriage, wagon or other vehicle that operates on a railway track; and

anything attached to a vehicle, but does not include a vehicle excluded from the ambit of this definition by the regulations.

The circumstances where a person may be involved in the transport of dangerous goods include—

by importing, or arranging for the importation of, dangerous goods into

Australia; and

by marking packages and unit loads containing dangerous goods for transport, and placarding containers and vehicles in which dangerous goods are transported; and

by consigning dangerous goods for transport; and

by loading dangerous goods into or onto a vehicle, or into a container that is to be put on a vehicle, for transport or unloading dangerous goods that have been transported; and

by marshalling vehicles and separating dangerous goods; and

by undertaking, or being responsible for, otherwise than as an employee or subcontractor, the transport of dangerous goods; and

by providing emergency information in relation to the transport of dangerous goods; and

by driving a vehicle carrying or transporting dangerous goods; and

by being the consignee of dangerous goods that are to be transported;

and

by being 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 an activity referred to above.

The regulations may provide that the Acts

Interpretation Act 1901 of the Commonwealth applies to the interpretation of a regulation or regulations, or a regulation, code, standard, rule or other document applied or adopted by the regulations, subject to any modification or exclusion prescribed by the regulations (and if a regulation is made under this subsection, then the Acts

Interpretation Act 1915 does not apply to the interpretation of the relevant regulation, code, standard, rule or other document).

This

Act binds the Crown in right of the State and also, to the extent declared by the regulations (and so far as the legislative power of the State extends) the Crown in all its other capacities.

The provisions of this Act are in addition to and do not derogate from the provisions of another Act.

The provisions of this Act do not limit or affect any civil remedy at law or in equity.

The

Minister may, by notice in the Gazette—

appoint a person, officer or authority as a Competent Authority under this

Act;

revoke an earlier appointment under this section.

The appointment of an officer as a Competent Authority extends to a person who may be acting in the position of that officer while the officer is absent from the duties of office.

A

Competent Authority has all the powers of an authorised officer under this Act.

The

Minister or a Competent Authority may delegate a power or function vested in or conferred on the Minister or Competent Authority (as the case may be) under this Act—

to a particular person; or

to the person for the time being occupying a particular office or position.

A power or function delegated under this section may, if the instrument of delegation so provides, be further delegated.

A delegation—

may be absolute or conditional; and

does not derogate from the power of the delegator to act in a matter; and

is revocable at will by the delegator.

In any legal proceedings an apparently genuine certificate, purportedly signed by the Minister or a Competent Authority, containing particulars of a delegation under this section, will, in the absence of proof to the contrary, be accepted as proof that the delegation was made in accordance with the particulars.

The

Minister may appoint persons, or classes of persons, to be authorised officers for the purposes of this Act.

An appointment under subsection (1) must be notified in the Gazette.

An appointment may be made subject to conditions specified—

in the instrument of appointment; or

in the Gazette.

The

Minister may, at any time, revoke an appointment or vary, revoke or add a condition of appointment.

All members of the police force are authorised officers for the purposes of this Act.

An authorised officer, other than a member of the police force, must be issued with an identification card that contains the prescribed details.

An authorised officer who is not a member of the police force must carry his or her card while carrying out duties under this Act.

An authorised officer must, at the request of a person in relation to whom the authorised officer intends to exercise any powers under this Act—

in the case of an authorised officer who is a member of the police force—produce his or her police identification card;

in the case of an authorised officer who is not a member of the police force—produce his or her identification card under this section, for inspection by the person.

A person who ceases to be an authorised officer (other than as a member of the police force) must immediately return his or her identification card to a Competent Authority.

A person who is or has been engaged in an office or position connected with the administration of this Act must not disclose information obtained by virtue of that office or position except—

with the consent of the person from whom the information was obtained or to whom the information relates; or

in connection with the administration, operation or enforcement of this or another Act (including an Act in force in another State or a

Territory that corresponds to this Act); or

for the purpose of any legal proceedings arising out of the administration, operation or enforcement of this or another Act (including an Act in force in another State or a Territory that corresponds to this Act); or

in accordance with the regulations or with guidelines approved by the

Minister.

Maximum penalty: $10 000.

A person must not falsely represent, by words or conduct, that the person is engaged in or associated with the administration of this

Act.

Maximum penalty: $10 000.

A person must, in keeping, handling, conveying, using or disposing of a dangerous substance, or in transporting dangerous goods, take such precautions and exercise such care as is reasonable in the circumstances in order to—

avoid endangering the health or safety of any person (including himself or herself), or the safety of property; and

prevent the risk of environmental harm.

Maximum penalty:

unless paragraph (b) applies—

in the case of a body corporate—$250 000;

in any other case—$50 000 or imprisonment for 2 years, or both;

in a case involving an offence that results in death or serious injury to a person—

in the case of a body corporate—$500 000;

in any other case—$100 000 or imprisonment for 4 years or both.

This section applies to any plant that is used, or that is reasonably expected to be used, in connection with any dangerous substance.

A person who is in charge of any plant to which this section applies must—

take such precautions and exercise such care as is reasonable in the circumstances in order to ensure that the plant is in a safe condition whenever it is used in connection with a dangerous substance; and

ensure that the plant is in a safe condition when it is not in use.

A person who uses any plant to which this section applies must—

ensure that the plant is in a safe condition; and

take such precautions and exercise such care as is reasonable in the circumstances in order to avoid endangering the health or safety of any other person, or the safety of any other person's property (whether during the use of that plant, or as a result of the use of that plant); and

ensure that the plant is left in a safe condition after use.

A person who performs, or supervises the performance of, any work on, or in relation to, plant to which this section applies must take such precautions and exercise such care as is reasonable in the circumstances in order to avoid endangering the health or safety of any person (including himself or herself), or the safety of any other person's property (whether during the performance of that work, or as a result of the performance of that work).

A person must not misuse or damage any plant to which this section applies.

A person who contravenes or fails to comply with a provision of this section is guilty of an offence.

Maximum penalty:

In the case of a body corporate—$250 000.

In any other case—$50 000 or imprisonment for 2 years, or both.