{"id":"a-1990-5","name":"Clinical Waste Act 1990","slug":"clinical-waste-act-1990","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"5 of 1990","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":23273,"registerId":"act-a-1990-5-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Clinical Waste Act 1990","content":"Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nClinical Waste Act 1990\nA1990-5\nRepublication No 21\nEffective: 6 December 2025\nRepublication date: 6 December 2025\nLast amendment made by A2025-29\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAbout this republication\nThe republished law\nThis is a republication of the Clinical Waste Act 1990 (including any amendment made under the\nLegislation Act 2001, part 11.3 (Editorial changes)) as in force on 6 December 2025. It also\nincludes any commencement, amendment, repeal or expiry affecting this republished law to\n6 December 2025.\nThe legislation history and amendment history of the republished law are set out in endnotes 3\nand 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT\nlegislation register at www.legislation.act.gov.au):\n• authorised republications to which the Legislation Act 2001 applies\n• unauthorised republications.\nThe status of this republication appears on the bottom of each page.\nEditorial changes\nThe Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial\namendments and other changes of a formal nature when preparing a law for republication.\nEditorial changes do not change the effect of the law, but have effect as if they had been made by\nan Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The\nchanges are made if the Parliamentary Counsel considers they are desirable to bring the law into\nline, or more closely into line, with current legislative drafting practice.\nThis republication includes amendments made under part 11.3 (see endnote 1).\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced, the symbol U appears immediately\nbefore the provision heading. Any uncommenced amendments that affect this republished law\nare accessible on the ACT legislation register (www.legislation.act.gov.au). For more\ninformation, see the home page for this law on the register.\nModifications\nIf a provision of the republished law is affected by a current modification, the\nsymbol M appears immediately before the provision heading. The text of the modifying\nprovision appears in the endnotes. For the legal status of modifications, see the Legislation\nAct 2001, section 95.\nPenalties\nAt the republication date, the value of a penalty unit for an offence against this law is $160 for an\nindividual and $810 for a corporation (see Legislation Act 2001, s 133).\n\nR21\n06/12/25\nClinical Waste Act 1990\nEffective: 06/12/25\ncontents 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nClinical Waste Act 1990\nContents\nPage\nPart 1 Preliminary\n1 Name of Act 2\n2 Dictionary 2\n2A Notes 2\n2B Offences against Act—application of Criminal Code etc 3\n3 Declarations of clinical waste and prescribed activity 3\n6 Radioactive material 3\nPart 2 Administration\n7 Clinical Waste Controller 4\n8 Delegation by controller 4\n9 Inspectors 4\n10 Identity cards 4\n11 Declaration of disposal sites 5\n\nContents\nPage\ncontents 2 Clinical Waste Act 1990\nEffective: 06/12/25\nR21\n06/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 3 Clinical waste manual\n14 Preparation of manual 6\n15 Notification and commencement of manual and amendments 6\n18 Inspection of manual 7\nPart 4 Licences\n19 Application for clinical waste transport licence 8\n20 Grant or refusal 8\n21 Duration 10\n22 Variation 10\n23 Suspension or cancellation 10\n24 Notices 11\n25 Emergency suspension 12\n26 Return of licence 12\nPart 4A Notification and review of decisions\n27 Meaning of reviewable decision—pt 4A 13\n27A Reviewable decision notices 13\n27B Application for review 13\nPart 5 Offences\n28 Handling—general 14\n29 Handling—regulated premises 14\n30 Unlicensed transport 15\nPart 6 Enforcement\n31 Meaning of connected—pt 6 16\n32 Entry to premises 16\n33 Consent to entry 16\n34 Powers of inspectors 17\n35 Taking samples 18\n36 Disposal of seized things 19\n37 Search warrants 19\n\nContents\nPage\nR21\n06/12/25\nClinical Waste Act 1990\nEffective: 06/12/25\ncontents 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 7 Miscellaneous\n39 Acts and omissions of representatives 21\n40 Determination of fees 22\n42 Regulation-making power 22\nSchedule 1 Reviewable decisions 23\nDictionary 24\nEndnotes\n1 About the endnotes 28\n2 Abbreviation key 28\n3 Legislation history 29\n4 Amendment history 33\n5 Earlier republications 37\n\n\n\nR21\n06/12/25\nClinical Waste Act 1990\nEffective: 06/12/25\npage 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nClinical Waste Act 1990\nAn Act relating to the treatment, storage, transportation and disposal of clinical\nwaste\n\nPart 1 Preliminary\nSection 1\npage 2 Clinical Waste Act 1990\nEffective: 06/12/25\nR21\n06/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 1 Preliminary\n1 Name of Act\nThis Act is the Clinical Waste Act 1990.\n2 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in this\nAct, and includes references (signpost definitions) to other terms defined\nelsewhere in this Act.\nFor example, the signpost definition ‘connected, for part 6\n(Enforcement)—see section 31.’ means that the term ‘connected’ is\ndefined in that section for part 6.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire Act unless the definition, or another provision of the Act,\nprovides otherwise or the contrary intention otherwise appears (see\nLegislation Act, s 155 and s 156 (1)).\n2A Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n\nPreliminary Part 1\nSection 2B\nR21\n06/12/25\nClinical Waste Act 1990\nEffective: 06/12/25\npage 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n2B Offences against Act—application of Criminal Code etc\nOther legislation applies in relation to offences against this Act.\nNote 1 Criminal Code\nThe Criminal Code, ch 2 applies to all offences against this Act (see\nCode, pt 2.1).\nThe chapter sets out the general principles of criminal responsibility\n(including burdens of proof and general defences), and defines terms used\nfor offences to which the Code applies (eg conduct, intention,\nrecklessness and strict liability).\nNote 2 Penalty units\nThe Legislation Act, s 133 deals with the meaning of offence penalties\nthat are expressed in penalty units.\n3 Declarations of clinical waste and prescribed activity\n(1) The Minister may declare waste to be clinical waste for this Act.\n(2) The Minister may declare an activity to be a prescribed activity for\nthis Act.\n(3) A declaration under this section is a disallowable instrument.\n6 Radioactive material\nThis Act does not apply to radioactive material within the meaning of\nthe Radiation Protection Act 2006.\n\nPart 2 Administration\nSection 7\npage 4 Clinical Waste Act 1990\nEffective: 06/12/25\nR21\n06/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 2 Administration\n7 Clinical Waste Controller\nThe director-general must appoint a public servant as the Clinical\nWaste Controller.\nNote 1 For the making of appointments (including acting appointments), see the\nLegislation Act, pt 19.3.\nNote 2 In particular, an appointment may be made by naming a person or\nnominating the occupant of a position (see Legislation Act, s 207).\n8 Delegation by controller\nThe controller may delegate to a public servant the controller’s\nfunctions under this Act.\nNote For the making of delegations and the exercise of delegated functions,\nsee the Legislation Act, pt 19.4.\n9 Inspectors\n(1) The director-general may appoint a public servant as an inspector.\nNote 1 For the making of appointments (including acting appointments), see the\nLegislation Act, pt 19.3.\nNote 2 In particular, an appointment may be made by naming a person or\nnominating the occupant of a position (see Legislation Act, s 207).\n(2) The controller is also an inspector.\n10 Identity cards\n(1) The director-general must give an authorised person an identity card\nstating the person’s name and position.\n(2) The identity card must show—\n(a) a recent photograph of the person; and\n(b) the card’s date of issue and expiry; and\n\nAdministration Part 2\nSection 11\nR21\n06/12/25\nClinical Waste Act 1990\nEffective: 06/12/25\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(c) if the person is only authorised to exercise functions under\nparticular provisions of this Act—the provisions; and\n(d) anything else prescribed by regulation.\n(3) A person commits an offence if—\n(a) the person stops being an authorised person; and\n(b) the person does not return the person’s identity card to the\ndirector-general as soon as practicable, but not later than 7 days\nafter the day the person stops being an authorised person.\nMaximum penalty: 1 penalty unit.\n(4) An offence against this section is a strict liability offence.\n(5) In this section:\nauthorised person means a person holding any of the following\npositions:\n(a) the controller;\n(b) a delegate of the controller with any delegated powers of an\ninspector;\n(c) an inspector mentioned in section 9 (3) (a).\n11 Declaration of disposal sites\n(1) The Minister may declare a place to be a disposal site for clinical\nwaste.\n(2) A declaration is a notifiable instrument.\n\nPart 3 Clinical waste manual\nSection 14\npage 6 Clinical Waste Act 1990\nEffective: 06/12/25\nR21\n06/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 3 Clinical waste manual\n14 Preparation of manual\n(1) The Minister must make a clinical waste manual for this Act.\n(2) The manual—\n(a) may contain requirements, not inconsistent with this Act,\nrelating to—\n(i) the way in which clinical waste may be stored, treated,\ntransported or disposed of; or\n(ii) the kinds of containers in which clinical waste may be\nstored or transported; or\n(iii) the labelling and marking of containers used for the storage\nor transport of clinical waste; and\n(b) must contain a list of waste disposal sites.\n15 Notification and commencement of manual and\namendments\n(1) The manual is a disallowable instrument.\n(2) The Minister must give additional public notice of the making of the\nmanual.\nNote Public notice means notice on an ACT government website or in a daily\nnewspaper circulating in the ACT (see Legislation Act, dict, pt 1). The\nrequirement in s (2) is in addition to the requirement for notification on\nthe legislation register as a disallowable instrument.\n(3) The manual, or an amendment or repeal of it, commences—\n(a) 15 days after the day it is notified under the Legislation Act; or\n(b) if the manual, amendment or repeal provides for a later date or\ntime of commencement—on that date or at that time.\n\nClinical waste manual Part 3\nSection 18\nR21\n06/12/25\nClinical Waste Act 1990\nEffective: 06/12/25\npage 7\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n18 Inspection of manual\n(1) The controller must keep a copy of the manual at the controller’s\noffice at all times.\n(2) Any person may, on request, at any time the controller’s office is open\nfor business, inspect the copy of the manual kept by the controller.\n\nPart 4 Licences\nSection 19\npage 8 Clinical Waste Act 1990\nEffective: 06/12/25\nR21\n06/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 4 Licences\n19 Application for clinical waste transport licence\n(1) A person may apply for a licence to carry on the business of\ntransporting clinical waste.\n(2) An application must be given to the controller and may be signed by\nor on behalf of the applicant.\n20 Grant or refusal\n(1) If an application for a licence has been made, the controller must—\n(a) grant the licence subject to the conditions (if any) stated on the\nlicence; or\n(b) refuse to grant the licence.\n(2) For the purpose of making a decision under subsection (1), the\ncontroller must, in relation to the period to which the licence would\nrelate, have regard to the following matters:\n(a) whether the applicant has, or will have, the necessary facilities\nto transport clinical waste under this Act;\nNote A reference to an Act includes a reference to the statutory\ninstruments under the Act, including any regulation (see\nLegislation Act, s 104).\n(b) the terms of any contract that the applicant has entered into, or\nintends to enter into, in relation to the transport of clinical waste;\n(c) the volume and type of clinical waste that the applicant intends\nto transport;\n(d) the arrangements that the applicant has made, or proposes to\nmake, for the safe handling of clinical waste transported by the\napplicant;\n\nLicences Part 4\nSection 20\nR21\n06/12/25\nClinical Waste Act 1990\nEffective: 06/12/25\npage 9\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(e) whether the applicant is, or undertakes to be, insured by an\nauthorised insurer against any liability that may result from any\nactivity that would be carried out under the licence, and whether\nthat insurance will be adequate for that purpose;\n(f) the degree of supervision that the applicant would exercise over\npeople employed or engaged in activities that would be carried\nout under the licence;\n(g) whether the applicant has previously engaged in the business of\ntransporting clinical waste and whether, in the course of that\nbusiness, clinical waste was handled in contravention of this Act\nor of legislation of a State or another Territory dealing with the\ntreatment, storage, transportation or disposal of clinical waste;\n(h) any other matters the controller reasonably believes to be\nrelevant, including, in particular, the need to protect public\nhealth, property or the environment.\n(3) If the controller grants a licence subject to a condition or refuses to\ngrant a licence, the controller must give written notice of the decision\nto the applicant.\n(4) In subsection (2) (e):\nauthorised insurer means a person carrying on an insurance business\nin Australia under—\n(a) an authorisation under the Insurance Act 1973 (Cwlth), part 3\n(Authorisation to carry on insurance business); or\n(b) a determination under that Act, section 7 (Determination that\ncertain provisions do not apply).\n\nPart 4 Licences\nSection 21\npage 10 Clinical Waste Act 1990\nEffective: 06/12/25\nR21\n06/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n21 Duration\n(1) A licence remains in force for the 12 months commencing on the day\nthe licence is granted.\n(2) However, a licence must not be taken to be in force if it is suspended\nunder section 23 or section 25.\n22 Variation\n(1) If, after a licence has been granted, the controller believes on\nreasonable grounds that it is necessary to do so in the interests of the\nhealth or safety of any person affected by the licensee’s activities, the\ncontroller may, by written notice to the licensee, vary a licence by—\n(a) varying a condition of the licence; or\n(b) revoking a condition; or\n(c) imposing a condition on the licence.\n(2) The variation of a licence takes effect on—\n(a) the date the notice of the variation is given to the licensee; or\n(b) if a later date is stated in the notice, on that later date.\n(3) In this section:\nlicence includes a licence that is suspended.\n(4) This section is subject to section 24.\n23 Suspension or cancellation\n(1) This section applies if a licensee—\n(a) is found guilty of an offence against this Act; or\n(b) contravenes a condition of the licence; or\n(c) contravenes a requirement in the manual.\n\nLicences Part 4\nSection 24\nR21\n06/12/25\nClinical Waste Act 1990\nEffective: 06/12/25\npage 11\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) If the controller believes on reasonable grounds that it is necessary to\ndo so in the interests of the health or safety of any person affected by\nthe licensee’s activities, the controller may, by written notice to the\nlicensee—\n(a) suspend the licence for a stated period of not longer than\n6 months; or\n(b) cancel the licence.\n(3) The suspension or cancellation of the licence takes effect—\n(a) on the day the notice of the suspension or cancellation is given\nto the licensee; or\n(b) if a later day is stated in the notice—the later day.\n(4) This section is subject to section 24.\n24 Notices\n(1) The controller must not vary, or suspend or cancel a licence under\nsection 23, unless the controller has given the licensee written notice\nthat—\n(a) states the ground on which the controller intends to vary,\nsuspend or cancel the licence; and\n(b) states the facts and circumstances that, in the controller’s\nopinion, constitute that ground; and\n(c) informs the licensee that the licensee may, within 28 days after\nthe date of the notice, give to the controller a written response to\nthe matters stated in the notice.\n(2) For the purpose of deciding whether to exercise the controller’s\nfunctions under section 22 or 23, the controller must have regard to\nany response given in accordance with a notice under subsection (1).\nNote A provision of a law that gives an entity (including a person) a function\nalso gives the entity powers necessary and convenient to exercise the\nfunction (see Legislation Act, s 196 and dict, pt 1, def entity).\n\nPart 4 Licences\nSection 25\npage 12 Clinical Waste Act 1990\nEffective: 06/12/25\nR21\n06/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n25 Emergency suspension\n(1) This section applies if—\n(a) a licensee—\n(i) is found guilty of an offence under this Act; or\n(ii) contravenes a condition of the licence; or\n(iii) contravenes a requirement in the manual; and\n(b) the controller believes on reasonable grounds that it is necessary,\nto prevent or remove an imminent risk of death, serious illness\nor serious injury to a person (whether identified or not), to\nsuspend the licence.\n(2) The controller may, by written notice to the licensee, suspend the\nlicence for a stated period of not longer than 6 months.\n(3) The suspension takes effect on the day the notice is given to the\nlicensee.\n26 Return of licence\n(1) If the controller varies, suspends or cancels a licence, the licensee\nmust return the licence to the controller within 7 days after the day\nthe variation, suspension or cancellation takes effect.\nMaximum penalty: 5 penalty units.\n(2) An offence against this section is a strict liability offence.\n(3) If the licence has been varied, the controller must endorse the\nvariation on the licence and return the licence to the licensee.\n\nNotification and review of decisions Part 4A\nSection 27\nR21\n06/12/25\nClinical Waste Act 1990\nEffective: 06/12/25\npage 13\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 4A Notification and review of\ndecisions\n27 Meaning of reviewable decision—pt 4A\nIn this part:\nreviewable decision means a decision mentioned in schedule 1,\ncolumn 3 under a provision of this Act mentioned in column 2 in\nrelation to the decision.\n27A Reviewable decision notices\nIf a person makes a reviewable decision, the person must give a\nreviewable decision notice to each entity mentioned in schedule 1,\ncolumn 4 in relation to the decision.\nNote The person must also take reasonable steps to give a reviewable decision\nnotice to any other person whose interests are affected by the decision\n(see ACT Civil and Administrative Tribunal Act 2008, s 67A).\n27B Application for review\nThe following may apply to the ACAT for review of a reviewable\ndecision:\n(a) an entity mentioned in schedule 1, column 4 in relation to the\ndecision;\n(b) any other person whose interests are affected by the decision.\n\nPart 5 Offences\nSection 28\npage 14 Clinical Waste Act 1990\nEffective: 06/12/25\nR21\n06/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 5 Offences\nNote The Waste Management and Resource Recovery Act 2016 imposes\nrequirements, and creates offences, in relation to a person that stores,\ntransports or disposes of clinical waste.\n28 Handling—general\nA person commits an offence if the person—\n(a) stores, transports or disposes of clinical waste; and\n(b) is negligent about whether the way in which the waste is stored,\ntransported or disposed of would cause injury or disease to\nsomeone dealing with the waste.\nMaximum penalty: 100 penalty units, imprisonment for 1 year or\nboth.\n29 Handling—regulated premises\n(1) A person commits an offence if—\n(a) the person stores, transports or disposes of clinical waste; and\n(b) the waste is derived from regulated premises; and\n(c) the person does not store, transport or dispose of the waste in\naccordance with the manual.\nMaximum penalty: 50 penalty units, imprisonment for 6 months or\nboth.\n(2) An offence against this section is a strict liability offence.\n\nOffences Part 5\nSection 30\nR21\n06/12/25\nClinical Waste Act 1990\nEffective: 06/12/25\npage 15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n30 Unlicensed transport\n(1) A person commits an offence if the person—\n(a) conducts a business of transporting clinical waste; and\n(b) is not licensed to conduct the business.\nMaximum penalty: 50 penalty units, imprisonment for 6 months or\nboth.\n(2) An offence against this section is a strict liability offence.\n\nPart 6 Enforcement\nSection 31\npage 16 Clinical Waste Act 1990\nEffective: 06/12/25\nR21\n06/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 6 Enforcement\n31 Meaning of connected—pt 6\nFor this part, a thing is connected with a particular offence if—\n(a) the offence has been committed in relation to it; or\n(b) it will afford evidence of the commission of the offence; or\n(c) it was used, or is or was intended to be used, for the purpose of\ncommitting the offence.\n32 Entry to premises\n(1) For this Act, an inspector may, without the authority of a warrant—\n(a) enter regulated premises at any reasonable time; or\n(b) enter any premises at any time with the consent of the occupier;\nif the inspector believes on reasonable grounds that the premises are\nbeing used in connection with the storage, treatment, transportation\nor disposal of clinical waste.\n(2) An inspector who enters premises under subsection (1) is not entitled\nto remain on the premises if, on request by the occupier, the inspector\ndoes not produce his or her identity card to the occupier.\n33 Consent to entry\n(1) An inspector who requests a person to consent to the inspector\nentering premises under section 32 (1) must inform the person that he\nor she may refuse to give consent.\n(2) If an inspector obtains the consent of a person to enter premises under\nsection 32 (1), the inspector must ask the person to sign a written\nacknowledgment—\n(a) that the person has been informed that he or she may refuse to\nso consent; and\n\nEnforcement Part 6\nSection 34\nR21\n06/12/25\nClinical Waste Act 1990\nEffective: 06/12/25\npage 17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) that the person has consented; and\n(c) of the day and time the person consented.\n(3) If it is material, in any proceedings, for a court to be satisfied that a\nperson has consented to an inspector entering premises under\nsection 32 (1) and an acknowledgment, in accordance with subsection\n(2), signed by the person is not produced in evidence, it must be\npresumed that the person did not consent, unless the contrary is\nestablished.\n34 Powers of inspectors\n(1) An inspector who is entitled under section 32 to remain on premises\nmay—\n(a) inspect, examine, take measurements of, or conduct tests\nconcerning, the premises or any system of work, plant,\nsubstance or thing at the premises; and\n(b) inspect and test any container or equipment on the premises that\nthe inspector believes on reasonable grounds to be used for the\ntreatment, storage, transportation or disposal of clinical waste;\nand\n(c) inspect and test any material or substance on the premises that\nthe inspector believes on reasonable grounds to be clinical\nwaste, and take samples of the material or substance; and\n(d) take any photographs, video recordings or films in connection\nwith the inspection that the inspector believes on reasonable\ngrounds to be necessary; and\n(e) seize anything that the inspector believes on reasonable grounds\nto be connected with an offence against this Act; and\n(f) inspect any document on the premises relating to the treatment,\nstorage, transportation or disposal of clinical waste; and\n(g) make copies of, or take extracts from, any such document; and\n\nPart 6 Enforcement\nSection 35\npage 18 Clinical Waste Act 1990\nEffective: 06/12/25\nR21\n06/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(h) require any person on the premises to make available to the\ninspector any document relating to the use of the premises in\nconnection with the treatment, storage, transportation or\ndisposal of clinical waste; and\n(i) require any person on the premises to answer questions relating\nto the use of those premises in connection with the treatment,\nstorage, transportation or disposal of clinical waste; and\n(j) require any person on the premises to give the inspector any\nassistance that is necessary or reasonable to enable the inspector\nto exercise his or her powers under this section.\n(2) A person must take all reasonable steps to comply with a requirement\nmade of the person under subsection (1) (h), (i) or (j).\nMaximum penalty: 50 penalty units.\nNote The Legislation Act, s 170 and s 171 deal with the application of the\nprivilege against self-incrimination and client legal privilege.\n35 Taking samples\nAn inspector who takes a sample under section 34 (c) must—\n(a) ensure that the sample is such as to permit paragraph (c) to be\ncomplied with; and\n(b) give a receipt for the sample to the occupier of the premises\nwhere the sample was taken; and\n(c) divide the sample into 2 parts as nearly as practicable identical\nin size and composition to each other and each suitable for\nanalysis; and\n(d) place each of those parts in a separate container and seal each\ncontainer; and\n(e) attach to each container a label bearing the signature of the\ninspector and particulars of the date and time when, and the\nplace where, the sample was taken; and\n\nEnforcement Part 6\nSection 36\nR21\n06/12/25\nClinical Waste Act 1990\nEffective: 06/12/25\npage 19\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(f) give 1 container to the occupier of the premises.\n36 Disposal of seized things\n(1) The controller must take reasonable steps to return a thing seized\nunder section 34 (e) to the person from whom it was seized, or to\nsomeone else who appears to the controller to be entitled to it, if—\n(a) a prosecution for an offence against this Act in relation to the\nthing is not started within 90 days after the day of the seizure; or\n(b) a person is charged with an offence against this Act in relation\nto the thing within the 90-day period but the person is not\nconvicted or found guilty of the offence.\n(2) If a person is convicted or found guilty of an offence against this Act\nin relation to a thing seized under section 34 (e), the court may\norder—\n(a) that the thing be given to the person who appears to the court to\nbe entitled to it; or\n(b) that the thing be forfeited to the Territory.\n37 Search warrants\n(1) If an information on oath is laid before a magistrate alleging that there\nare reasonable grounds for suspecting that there may be on any\npremises a thing of a particular kind connected with a particular\noffence against this Act, and the information sets out those grounds,\nthe magistrate may issue a search warrant authorising an inspector\nnamed in the warrant, with any assistance and force that is necessary\nand reasonable—\n(a) to enter the premises; and\n(b) to search those premises for things of that kind; and\n\nPart 6 Enforcement\nSection 37\npage 20 Clinical Waste Act 1990\nEffective: 06/12/25\nR21\n06/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(c) to exercise any of the powers under section 34 in relation to such\na thing.\nNote A reference to an Act includes a reference to the statutory instruments\nmade or in force under the Act, including regulations (see Legislation\nAct, s 104).\n(2) A magistrate must not issue a warrant under subsection (1) unless—\n(a) the informant or some other person has given to the magistrate,\neither orally or by affidavit, any further information that the\nmagistrate requires in relation to the grounds on which the issue\nof the warrant is being sought; and\n(b) the magistrate is satisfied that there are reasonable grounds for\nissuing the warrant.\n(3) A warrant must—\n(a) state the purpose for which it is issued; and\n(b) state the nature of the offence for which the entry, search and\nexercise of the functions under section 34 are authorised; and\nNote A provision of a law that gives an entity (including a person) a\nfunction also gives the entity powers necessary and convenient to\nexercise the function (see Legislation Act, s 196 and dict, pt 1, def\nentity).\n(c) state particular hours during which the entry is authorised or\nstate that the entry is authorised at any time of day or night; and\n(d) include a description of the kinds of things for which the\nfunctions under section 34 may be exercised; and\n(e) state a day, not later than 1 month after the day of issue of the\nwarrant, when the warrant ceases to have effect.\n\nMiscellaneous Part 7\nSection 39\nR21\n06/12/25\nClinical Waste Act 1990\nEffective: 06/12/25\npage 21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 7 Miscellaneous\n39 Acts and omissions of representatives\n(1) In this section:\nperson means an individual.\nNote See the Criminal Code, pt 2.5 for provisions about corporate criminal\nresponsibility.\nrepresentative, of a person, means an employee or agent of the\nperson.\nstate of mind, of a person, includes—\n(a) the person’s knowledge, intention, opinion, belief or purpose;\nand\n(b) the person’s reasons for the intention, opinion, belief or purpose.\n(2) This section applies to a prosecution for any offence against this Act.\n(3) If it is relevant to prove a person’s state of mind about an act or\nomission, it is enough to show—\n(a) the act was done or omission made by a representative of the\nperson within the scope of the representative’s actual or\napparent authority; and\n(b) the representative had the state of mind.\n(4) An act done or omitted to be done on behalf of a person by a\nrepresentative of the person within the scope of the representative’s\nactual or apparent authority is also taken to have been done or omitted\nto be done by the person.\n(5) However, subsection (4) does not apply if the person establishes that\nreasonable precautions were taken and appropriate diligence was\nexercised to avoid the act or omission.\n\nPart 7 Miscellaneous\nSection 40\npage 22 Clinical Waste Act 1990\nEffective: 06/12/25\nR21\n06/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(6) A person who is convicted of an offence cannot be punished by\nimprisonment for the offence if the person would not have been\nconvicted of the offence without subsection (3) or (4).\n40 Determination of fees\n(1) The Minister may determine fees for this Act.\n(2) A determination is a disallowable instrument.\n42 Regulation-making power\n(1) The Executive may make regulations for this Act.\n(2) A regulation may prescribe offences for contraventions of the\nregulations or requirements contained in the manual and prescribe\nmaximum penalties of not more than 10 penalty units for offences\nagainst the regulations.\n\nReviewable decisions Schedule 1\nR21\n06/12/25\nClinical Waste Act 1990\nEffective: 06/12/25\npage 23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nSchedule 1 Reviewable decisions\n(see pt 4A)\ncolumn 1\nitem\ncolumn 2\nsection\ncolumn 3\ndecision\ncolumn 4\nentity\n1 20 (1) (a) grant licence subject to\nconditions\napplicant for licence\n2 20 (1) (b) refuse to grant licence applicant for licence\n3 22 (1) vary licence licensee\n4 23 (2) (a) suspend licence entity that has licence\nsuspended\n5 23 (2) (b) cancel licence entity that has licence\ncancelled\n6 25 (2) suspend licence entity that has licence\nsuspended\n\nDictionary\npage 24 Clinical Waste Act 1990\nEffective: 06/12/25\nR21\n06/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDictionary\n(see s 2)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis Act.\nNote 2 For example, the Legislation Act, dict, pt 1, defines the following terms:\n• ACAT\n• magistrate\n• Minister (see s 162)\n• person\n• public servant\n• reviewable decision notice\n• State.\nclinical waste means any of the following, other than waste the\ntreatment of which is completed in accordance with the manual:\n(a) waste consisting of a catheter, hypodermic needle, intravenous\nset, pipette or scalpel;\n(b) waste consisting of any other instrument or object that has been\nused in the taking of blood, the testing, processing or handling\nof blood or blood products, the investigation of human or animal\ndiseases or in analysis or research that involves the use of tissue\nor fluid specimens, whether human or animal;\n(c) sanitary waste that originates from or has been in contact with a\nperson who has a transmissible notifiable condition within the\nmeaning of the Public Health Act 1997;\n(d) waste resulting from the investigation or analysis of tissue or\nfluid specimens, whether human or animal;\n(e) biological or chemical waste resulting from the investigation of\nhuman or animal diseases;\n(f) waste derived from a prescribed activity, being waste that\nincludes or included human blood, or animal blood in any form\nother than food waste;\n\nDictionary\nR21\n06/12/25\nClinical Waste Act 1990\nEffective: 06/12/25\npage 25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(g) human or animal tissue or body fluids, removed during surgery\nor an autopsy;\n(h) waste consisting of a cytotoxic substance or waste that is, or is\nlikely to be, contaminated by a cytotoxic substance;\n(i) waste consisting of anything that has been in contact with waste\nmentioned in a previous paragraph;\n(j) waste derived from the preparation of a human body for burial\nor cremation;\n(k) waste declared by the Minister under section 3 (Declarations of\nclinical waste and prescribed activity) to be clinical waste.\nconnected, for part 6 (Enforcement)—see section 31.\ncontroller means the Clinical Waste Controller under section 7.\ninspector means an inspector under section 9.\nlicence means a licence in force under this Act.\nmanual means the clinical waste manual under section 14.\noccupier, in relation to premises, includes a person who is, or appears\nto be, in charge of the premises.\noffence against this Act includes an offence against this Act that there\nare reasonable grounds for believing has been, or will be, committed.\nNote A reference to an offence against a territory law includes a reference to a\nrelated ancillary offence, eg attempt (see Legislation Act, s 189).\npremises includes—\n(a) a structure, building, aircraft, vehicle or vessel; and\n(b) a place (whether enclosed or built upon or not); and\n(c) a part of premises (including premises of a kind referred to in\nparagraph (a) or (b)).\n\nDictionary\npage 26 Clinical Waste Act 1990\nEffective: 06/12/25\nR21\n06/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nprescribed activity means—\n(a) the provision of medical, surgical or dental treatment, or nursing\ncare; or\n(b) the provision of diagnostic or paramedical services; or\n(c) the provision of veterinary services; or\n(d) a practice, business or undertaking—\n(i) conducted by a pharmacist, chiropodist or podiatrist; or\n(ii) that involves the taking of blood or the testing, processing\nor handling of blood or blood products; or\n(iii) that involves tattooing, acupuncture, depilation, ear or nose\npiercing, hair restoration or any other process requiring\npenetration of the skin of a live person; or\n(iv) that involves the investigation of human or animal\ndiseases; or\n(v) that involves analysis or research involving the use of\ntissue or fluid specimens, whether human or animal; or\n(e) an activity declared by the Minister under section 3\n(Declarations of clinical waste and prescribed activity) to be a\nprescribed activity.\nregulated premises means—\n(a) a hospital; or\n(b) premises used primarily for the provision of accommodation and\nnursing care, or nursing care; or\n(c) a funeral parlour; or\n(d) a mortuary; or\n(e) any other premises at which a prescribed activity is conducted\nor carried on.\n\nDictionary\nR21\n06/12/25\nClinical Waste Act 1990\nEffective: 06/12/25\npage 27\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nreviewable decision, for part 4A (Notification and review of\ndecisions)—see section 27.\nwaste disposal site, in relation to clinical waste of a particular kind,\nmeans a place declared by the Minister under section 11 to be a\ndisposal site for clinical waste of that kind.\n\nEndnotes\n1 About the endnotes\npage 28 Clinical Waste Act 1990\nEffective: 06/12/25\nR21\n06/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEndnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nEndnotes\nLegislation history 3\nR21\n06/12/25\nClinical Waste Act 1990\nEffective: 06/12/25\npage 29\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history\nClinical Waste Act 1990 A1990-5\nnotified 9 April 1990 (Gaz 1990 No S14)\ncommenced 9 October 1990 (s 2 (2))\nas amended by\nActs Revision (Position of Crown) Act 1993 A1993-44 sch 2\nnotified 27 August 1993 (Gaz 1993 No S165)\nsch 2 commenced 27 August 1993 (s 2)\nPublic Sector Management (Consequential and Transitional\nProvisions) Act 1994 A1994-38 sch 1 pt 16\nnotified 30 June 1994 (Gaz 1994 No S121)\ns 1, s 2 commenced 30 June 1994 (s 2 (1))\nsch 1 pt 16 commenced 1 July 1994 (s 2 (2) and Gaz 1994 No S142)\nAdministrative Appeals (Consequential Amendments) Act 1994\nA1994-60 sch 1\nnotified 11 October 1994 (Gaz 1994 No S197)\ns 1, s 2 commenced 11 October 1994 (s 2 (1))\nsch 1 commenced 14 November 1994 (s 2 (2) and Gaz 1994 No S250)\nStatutory Offices (Miscellaneous Provisions) Act 1994 A1994-97 sch\npt 1\nnotified 15 December 1994 (Gaz 1994 No S280)\ns 1, s 2 commenced 15 December 1994 (s 2 (1))\nsch pt 1 commenced 15 December 1994 (s 2 (2) and Gaz 1994 No\nS293)\nAnnual Reports (Government Agencies) (Consequential Provisions)\nAct 1995 A1995-25 sch\nnotified 5 September 1995 (Gaz 1995 No S212)\nsch commenced 5 September 1995 (s 2)\nPublic Health (Miscellaneous Provisions) Act 1997 A1997-70 sch 3\nnotified 9 October 1997 (Gaz 1997 No S300)\nss 1-3 commenced 9 October 1997 (s 2 (1))\nsch 3 commenced 10 July 2001 (s 2 (2) and Gaz 2001 No S45)\n\nEndnotes\n3 Legislation history\npage 30 Clinical Waste Act 1990\nEffective: 06/12/25\nR21\n06/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nStatute Law Revision (Penalties) Act 1998 A1998-54 sch\nnotified 27 November 1998 (Gaz 1998 No S207)\ns 1, s 2 commenced 27 November 1998 (s 2 (1))\nsch commenced 9 December 1998 (s 2 (2) and Gaz 1998 No 49)\nLegislation (Consequential Amendments) Act 2001 A2001-44 pt 64\nnotified 26 July 2001 (Gaz 2001 No 30)\ns 1, s 2 commenced 26 July 2001 (IA s 10B)\npt 64 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)\nLegislation Amendment Act 2002 A2002-11 pt 2.8\nnotified LR 27 May 2002\ns 1, s 2 commenced 28 May 2002 (LA s 75)\npt 2.8 commenced 28 May 2002 (s 2 (1))\nCriminal Code 2002 A2002-51 pt 1.5\nnotified LR 20 December 2002\ns 1, s 2 commenced 20 December 2002 (LA s 75 (1))\npt 1.5 commenced 1 January 2003 (s 2 (1))\nCriminal Code (Theft, Fraud, Bribery and Related Offences)\nAmendment Act 2004 A2004-15 sch 1 pt 1.5, sch 2 pt 2.17\nnotified LR 26 March 2004\ns 1, s 2 commenced 26 March 2004 (LA s 75 (1))\nsch 1 pt 1.5, sch 2 pt 2.17 commenced 9 April 2004 (s 2 (1))\nCriminal Code Harmonisation Act 2005 A2005-54 sch 1 pt 1.13\nnotified LR 27 October 2005\ns 1, s 2 commenced 27 October 2005 (LA s 75 (1))\nsch 1 pt 1.13 commenced 24 November 2005 (s 2)\nSentencing Legislation Amendment Act 2006 A2006-23 sch 1 pt 1.4\nnotified LR 18 May 2006\ns 1, s 2 commenced 18 May 2006 (LA s 75 (1))\nsch 1 pt 1.4 commenced 2 June 2006 (s 2 (1) and see Crimes\n(Sentence Administration) Act 2005 A2005-59 s 2, Crimes\n(Sentencing) Act 2005 A2005-58, s 2 and LA s 79)\nRadiation Protection Act 2006 A2006-33 sch 1 pt 1.1\nnotified LR 31 August 2006\ns 1, s 2 commenced 31 August 2006 (LA s 75 (1))\nsch 1 pt 1.1 commenced 1 July 2007 (s 2 (3))\n\nEndnotes\nLegislation history 3\nR21\n06/12/25\nClinical Waste Act 1990\nEffective: 06/12/25\npage 31\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nStatute Law Amendment Act 2007 A2007-3 sch 3 pt 3.18\nnotified LR 22 March 2007\ns 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2))\nsch 3 pt 3.18 commenced 12 April 2007 (s 2 (1))\nStatute Law Amendment Act 2007 (No 3) A2007-39 sch 3 pt 3.6\nnotified LR 6 December 2007\ns 1, s 2 commenced 6 December 2007 (LA s 75 (1))\nsch 3 pt 3.6 commenced 27 December 2007 (s 2)\nStatute Law Amendment Act 2008 A2008-28 sch 3 pt 3.13\nnotified LR 12 August 2008\ns 1, s 2 commenced 12 August 2008 (LA s 75 (1))\nsch 3 pt 3.13 commenced 26 August 2008 (s 2)\nACT Civil and Administrative Tribunal Legislation Amendment\nAct 2008 (No 2) A2008-37 sch 1 pt 1.21\nnotified LR 4 September 2008\ns 1, s 2 commenced 4 September 2008 (LA s 75 (1))\nsch 1 pt 1.21 commenced 2 February 2009 (s 2 (1) and see ACT Civil\nand Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)\nStatute Law Amendment Act 2009 A2009-20 sch 3 pt 3.14\nnotified LR 1 September 2009\ns 1, s 2 commenced 1 September 2009 (LA s 75 (1))\nsch 3 pt 3.14 commenced 22 September 2009 (s 2)\nAdministrative (One ACT Public Service Miscellaneous Amendments)\nAct 2011 A2011-22 sch 1 pt 1.29\nnotified LR 30 June 2011\ns 1, s 2 commenced 30 June 2011 (LA s 75 (1))\nsch 1 pt 1.29 commenced 1 July 2011 (s 2 (1))\nRed Tape Reduction Legislation Amendment Act 2015 A2015-33\nsch 1 pt 1.12\nnotified LR 30 September 2015\ns 1, s 2 commenced 30 September 2015 (LA s 75 (1))\nsch 1 pt 1.12 commenced 14 October 2015 (s 2)\n\nEndnotes\n3 Legislation history\npage 32 Clinical Waste Act 1990\nEffective: 06/12/25\nR21\n06/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nWaste Management and Resource Recovery Act 2016 A2016-51 s 130\nnotified LR 24 August 2016\ns 1, s 2 commenced 24 August 2016 (LA s 75 (1))\ns 130 commenced 1 July 2017 (s 2 (2))\nStatute Law Amendment Act 2021 A2021-12 sch 3 pt 3.4\nnotified LR 9 June 2021\ns 1, s 2 commenced 9 June 2021 (LA s 75 (1))\nsch 3 pt 3.4 commenced 23 June 2021 (s 2 (1))\nStatute Law Amendment Act 2025 A2025-29 sch 4 pt 4.33\nnotified LR 6 November 2025\ns 1, s 2 commenced 6 November 2025 (LA s 75 (1))\nsch 4 pt 4.33 commenced 6 December 2025 (s 2 (5))\n\nEndnotes\nAmendment history 4\nR21\n06/12/25\nClinical Waste Act 1990\nEffective: 06/12/25\npage 33\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n4 Amendment history\nName of Act\ns 1 sub A2007-3 amdt 3.74\nDictionary\ns 2 orig s 2\nom A2001-44 amdt 1.739\nprev s 2\n(prev s 3 (1)) am and renum as s 2 A2001-44 amdt 1.740\ndefs reloc to dict A2007-3 amdt 3.76\nom A2007-3 amdt 3.77\ndef Appeals Tribunal om A1994-60 sch 1\ndef determined fee om A2001-44 amdt 1.742\npres s 2\nins A2007-3 amdt 3.77\nNotes\ns 2A ins A2005-54 amdt 1.77\nOffences against Act—application of Criminal Code etc\ns 2B ins A2005-54 amdt 1.77\nDeclarations of clinical waste and prescribed activity\ns 3 sub A2001-44 amdt 1.745\nam A2025-29 amdt 4.33\nReferences to offences against this Act\ns 4 rep A1993-44 sch 2\nins A2001-44 amdt 1.745\nom A2002-11 amdt 2.16\nCrown not liable to prosecution\ns 5 rep A1993-44 sch 2\nRadioactive material\ns 6 sub A2006-33 amdt 1.1\nClinical Waste Controller\ns 7 sub A1994-97 sch pt 1; A2007-3 amdt 3.78\n(2)-(4) exp 12 April 2008 (s 7 (4) (LA s 88 declaration applies))\nam A2011-22 amdt 1.95\nDelegation by controller\ns 8 sub A2007-3 amdt 3.79\nInspectors\ns 9 sub A1994-97 sch pt 1; A2007-3 amdt 3.80\n(3)-(5) exp 12 April 2008 (s 9 (5) (LA s 88 declaration applies))\nam A2011-22 amdt 1.95\n\nEndnotes\n4 Amendment history\npage 34 Clinical Waste Act 1990\nEffective: 06/12/25\nR21\n06/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nIdentity cards\ns 10 sub A1994-97 sch pt 1\nam A1998-54 sch; R3 LA\nsub A2005-54 amdt 1.78\n(6)-(8) exp 24 November 2005 (s 10 (8))\nam A2011-22 amdt 1.95\nDeclaration of disposal sites\ns 11 sub A2001-44 amdt 1.746\nam A2025-29 amdt 4.33\nFees\ns 12 om A2001-44 amdt 1.746\nAnnual report\ns 13 am A1994-38 sch 1 pt 16\nom A1995-25 sch\nPreparation of manual\ns 14 am A2001-44 amdts 1.747-1.749; A2021-12 amdt 3.7;\nA2025-29 amdt 4.33\nNotification and commencement of manual and amendments\ns 15 sub A2001-44 amdt 1.750\nam A2009-20 amdt 3.33; A2015-33 amdt 1.29; A2025-29\namdt 4.33\nPublication\ns 16 om A2001-44 amdt 1.750\nManual to be disallowable\ns 17 om A2001-44 amdt 1.750\nApplication for clinical waste transport licence\ns 19 sub A2001-44 amdt 1.751\nam A2021-12 amdt 3.8; A2025-29 amdt 4.33\nGrant or refusal\ns 20 am A1994-60 sch 1; A2007-39 amdt 3.13\nVariation\ns 22 am A2008-28 amdt 3.43, amdt 3.44; ss renum R14 LA\nSuspension or cancellation\ns 23 sub A2008-28 amdt 3.45\nEmergency suspension\ns 25 am A1994-60 sch 1\nsub A2008-28 amdt 3.46\nReturn of licence\ns 26 am A1998-54 sch\nsub A2005-54 amdt 1.79\n\nEndnotes\nAmendment history 4\nR21\n06/12/25\nClinical Waste Act 1990\nEffective: 06/12/25\npage 35\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nNotification and review of decisions\npt 4A hdg ins A2008-37 amdt 1.76\nMeaning of reviewable decision—pt 4A\ns 27 am A1994-60 sch 1; A2008-28 amdt 3.47\nsub A2008-37 amdt 1.76\nReviewable decision notices\ns 27A ins A2008-37 amdt 1.76\nam A2025-29 amdt 4.33\nApplication for review\ns 27B ins A2008-37 amdt 1.76\nam A2025-29 amdt 4.33\nOffences\npt 5 hdg note ins A2016-51 s 130\nHandling—general\ns 28 am A1998-54 sch\nsub A2005-54 amdt 1.80\nHandling—regulated premises\ns 29 am A1998-54 sch\nsub A2005-54 amdt 1.80\nUnlicensed transport\ns 30 am A1998-54 sch\nsub A2005-54 amdt 1.80\nMeaning of connected—pt 6\ns 31 hdg sub A2007-3 amdt 3.81\nPowers of inspectors\ns 34 am A2005-54 amdt 1.81, amdt 1.82\nDisposal of seized things\ns 36 sub A2006-23 amdt 1.37\nSearch warrants\ns 37 am A2001-44 amdt 1.752, amdt 1.753; A2008-28 amdt 3.48\nObstructing inspectors\ns 38 am A1998-54 sch; A2004-15 amdt 2.43\nom A2005-54 amdt 1.83\nActs and omissions of representatives\ns 39 sub A2004-15 amdt 1.5\nDetermination of fees\ns 40 am A1998-54 sch\nsub A2001-44 amdt 1.754\nam A2025-29 amdt 4.33\n\nEndnotes\n4 Amendment history\npage 36 Clinical Waste Act 1990\nEffective: 06/12/25\nR21\n06/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nApproved forms\ns 41 ins A2001-44 amdt 1.754\nam A2007-3 amdt 3.82\nom A2021-12 amdt 3.9\nRegulation-making power\ns 42 ins A2001-44 amdt 1.754\nam A2025-29 amdt 4.33\nReviewable decisions\nsch 1 ins A2008-37 amdt 1.77\nDictionary\ndict ins A2007-3 amdt 3.83; A2009-20 amdt 3.34\nam A2008-37 amdt 1.78, amdt 1.79; A2015-33 amdt 1.30\ndef clinical waste am A1997-70 sch 3; A2001-44 amdt 1.741\nreloc from s 2 A2007-3 amdt 3.76\nsub A2008-28 amdt 3.49\ndef connected ins A2007-3 amdt 3.83\ndef controller sub A1994-97 sch\nreloc from s 2 A2007-3 amdt 3.76\ndef inspector ins A1994-97 sch\nreloc from s 2 A2007-3 amdt 3.76\ndef licence reloc from s 2 A2007-3 amdt 3.76\ndef manual sub A2001-44 amdt 1.743; A2007-3 amdt 3.75\nreloc from s 2 A2007-3 amdt 3.76\ndef occupier reloc from s 2 A2007-3 amdt 3.76\ndef offence against this Act ins A2002-11 amdt 2.15\nam A2002-51 amdt 1.7\nreloc from s 2 A2007-3 amdt 3.76\ndef premises reloc from s 2 A2007-3 amdt 3.76\ndef prescribed activity am A2001-44 amdt 1.744\nreloc from s 2 A2007-3 amdt 3.76\ndef regulated premises reloc from s 2 A2007-3 amdt 3.76\ndef reviewable decision ins A2008-37 amdt 1.80\ndef waste disposal site reloc from s 2 A2007-3 amdt 3.76\n\nEndnotes\nEarlier republications 5\nR21\n06/12/25\nClinical Waste Act 1990\nEffective: 06/12/25\npage 37\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nRepublication No Amendments to Republication date\n1 A1994-97 30 June 1995\n2 A1998-54 31 January 1999\n3 A2001-44 9 November 2001\n4 A2002-11 29 May 2002\n5 A2002-51 1 January 2003\n6 A2004-15 9 April 2004\n7 A2005-54 24 November 2005\n8 A2005-54 25 November 2005\n9 A2006-23 2 June 2006\n10 A2007-3 12 April 2007\n11 A2007-3 1 July 2007\n12* A2007-39 27 December 2007\n13 A2007-39 13 April 2008\n14 A2008-28 26 August 2008\n15 A2008-37 2 February 2009\n16 A2009-20 22 September 2009\n17 A2011-22 1 July 2011\n18 A2015-33 14 October 2015\n19 A2016-51 1 July 2017\n20 A2021-12 23 June 2021\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n© Australian Capital Territory 2025","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act’s regulatory reach and administrative discretion have expanded since 1990. Key mechanisms that broaden scope include the Minister’s power to declare additional wastes and prescribed activities (s 3), the creation and amendment of a binding clinical waste manual as a disallowable instrument that sets operational requirements (ss 14–15), and the addition of a formal review route for licensing decisions (Part 4A, ss 27–27B). Subsequent amendments and cross‑references to the Waste Management and Resource Recovery Act (note to s 28) and exclusions for radioactive material (s 6) have shifted how responsibility is allocated and increased compliance obligations on licensees and regulated premises."},"complexity_factors":["Cross‑references to other laws: Criminal Code (s 2B), Waste Management and Resource Recovery Act (note to s 28), Radiation Protection Act exclusion (s 6)","Ministerial discretion to declare clinical waste and prescribed activities (s 3) and to make a disallowable clinical waste manual with binding requirements (s 14–15)","Administrative structure with appointed Controller, delegated inspectors and identity‑card rules (ss 7–10) creating operational dependencies","Licensing regime with detailed grounds for grant/refusal, conditions, variation, suspension, emergency suspension and return requirements (ss 19–26)","Enforcement powers including warrantless entry to regulated premises, seizure, sampling protocols, and search warrants (ss 32–37)","Several strict liability offences and criminal penalties, including imprisonment for serious breaches (ss 28–30)","Notification and merits review path to ACAT for specified decisions (Part 4A, ss 27–27B and Schedule 1)","Reliance on subordinate instruments (manual, regulations, fee determinations) that carry substantive obligations and penalties (ss 14–15, 40, 42)","Amendment history spanning many Acts (endnotes) indicating iterative changes to scope, procedure and penalties"],"plain_english_summary":"This Act sets rules for how clinical waste in the ACT must be stored, treated, moved and disposed of. It creates a licensing regime for transporters, an enforceable clinical waste manual (made by the Minister), inspection and seizure powers, offences and penalties, and ministerial powers to declare additional wastes or activities as “clinical”. It affects hospitals, clinics, funeral parlours, waste contractors and anyone handling clinical waste; licence-holders and regulated premises bear the compliance costs, while the Controller and Minister set and enforce the operational rules."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose of regulating clinical waste management. While it has been amended 20+ times since 1990, these amendments represent modernisation (updating references to contemporary statutes like the Criminal Code 2002, ACAT Act 2008, and Waste Management and Resource Recovery Act 2016) rather than scope creep. The core regulatory mechanism - licensing transport operators and mandating compliance with a clinical waste manual - remains unchanged from the original 1990 intent."},"complexity_factors":["Moderate length statute (42 sections plus schedule and dictionary) but relatively focused scope","Cross-references to external legislation including Criminal Code 2002, Legislation Act 2001, Radiation Protection Act 2006, and Public Health Act 1997","Delegated legislative framework - detailed operational requirements contained in separate 'clinical waste manual' (disallowable instrument) rather than the Act itself","Multiple enforcement mechanisms: criminal offences (negligence-based and strict liability), administrative sanctions (licence suspension/cancellation), and inspection powers","Nested definitions: 'clinical waste' definition contains 11 sub-paragraphs with multiple cross-references to 'prescribed activity' and 'manual'","Representative liability provisions (s 39) importing corporate criminal responsibility concepts from Criminal Code","Reviewable decisions framework (Part 4A) linking to Schedule 1 and ACAT Act 2008"],"plain_english_summary":"This law regulates how clinical waste (used needles, blood-soaked materials, surgical tissues, diagnostic specimens) is stored, labelled, transported and disposed to protect public health and the environment. It affects hospitals, clinics, vets, tattooists, funeral homes, waste transport businesses and the Clinical Waste Controller.\n\nIt requires commercial transport licences, enforces a mandatory clinical waste manual, creates offences and penalties for negligent handling, empowers inspectors, and provides appeal rights to ACAT — ensuring cradle-to-grave tracking and safety."}},"importantCases":[],"_links":{"self":"/api/acts/clinical-waste-act-1990","history":"/api/acts/clinical-waste-act-1990/history","analysis":"/api/acts/clinical-waste-act-1990/analysis","conflicts":"/api/acts/clinical-waste-act-1990/conflicts","importantCases":"/api/acts/clinical-waste-act-1990/important-cases","documents":"/api/acts/clinical-waste-act-1990/documents"}}