Dangerous Goods Safety Act 2004

In this section —

If a government agency takes measures, whether under section 50 or otherwise, to deal with a dangerous goods incident or a dangerous situation, the Crown or the agency may recover, as a debt in a court of competent jurisdiction, such of the costs and expenses incurred in taking the measures as were reasonably incurred.

The costs and expenses are recoverable jointly or severally from —

the person who was the owner of the dangerous goods at the time of the dangerous goods incident or dangerous situation;

the person who was in control or possession of the dangerous goods at the time of the incident or situation;

the person who caused the incident or situation;

if the incident occurred or the situation arose while the dangerous goods were being transported, the person responsible, otherwise than as an employee, agent or subcontractor of another person, for the transport of the dangerous goods.

The costs and expenses are not recoverable from a person who proves that —

the dangerous goods incident or dangerous situation was due to the act or default of another person;

the person took all reasonably practicable measures to prevent the incident or situation; and

the incident or situation was not attributable to an employee, agent or subcontractor of the person.

The recovery of costs and expenses incurred by one government agency as a result of a dangerous goods incident or dangerous situation does not preclude the recovery of costs and expenses incurred by another government agency as a result of the incident or situation.

This section does not affect a right to recover costs or expenses that exists apart from this section, but a government agency is not entitled to recover, in respect of the same costs or expenses, an amount under this section and an amount in proceedings founded on other rights.

In proceedings under this section, a document apparently signed by the chief executive officer of a government agency specifying details of the costs and expenses incurred by the agency as a result of a dangerous goods incident or dangerous situation is, in the absence of evidence to the contrary, proof of the details specified.