{"id":"dangerous-goods-act-1998","name":"Dangerous Goods Act 1998","slug":"dangerous-goods-act-1998","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30002,"registerId":"nt-dangerous-goods-act-1998-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Dangerous Goods Act 1998","content":"NORTHERN TERRITORY OF AUSTRALIA\nDANGEROUS GOODS ACT 1998\nAs in force at 25 May 2022\nTable of provisions\nPart 1 Preliminary\n1 Short title ......................................................................................... 1\n2 Commencement .............................................................................. 1\n3 Definitions ........................................................................................ 1\n4 Application ....................................................................................... 5\n5 Act to bind Crown ............................................................................ 6\nPart 2 Administration\n6 Declaration, &c., by Competent Authority ........................................ 6\n7 Delegation ....................................................................................... 6\n8 Control of Competent Authority ....................................................... 6\nPart 3 General duties and offences in relation to\ndangerous goods\n9 Safe handling of dangerous goods .................................................. 7\n10 Person not to cause or contribute to dangerous situation ................ 8\n11 Duties of manufacturers, &c., of dangerous goods .......................... 8\n12 Duties of manufacturers, &c., of plant.............................................. 9\n13 Duties of erectors and installers of plant, &c.................................. 10\n14 Duties of persons in charge of plant, &c. ....................................... 10\n15 Goods too dangerous to transport ................................................. 10\n16 Offences ........................................................................................ 11\nPart 4 Officers\n17 Appointment of officers .................................................................. 11\n18 General powers and functions of officers ...................................... 12\n19 Officer may direct person to answer questions .............................. 14\n20 Protection of officers and authorised persons................................ 15\n21 Power to destroy, &c., certain dangerous goods ........................... 15\nPart 5 Prohibition and improvement notices\n22 Competent Authority may give prohibition notice........................... 16\n23 Competent Authority may place mark on plant or container .......... 17\n24 Competent Authority may give improvement notice ...................... 18\n25 Competent Authority may give further notice and carry out\nwork ............................................................................................... 19\n\nDangerous Goods Act 1998 ii\n26 Competent Authority may carry out work or cause work to be\ncarried out...................................................................................... 20\n27 Giving of notices ............................................................................ 21\n28 Appeals against notices ................................................................. 22\nPart 6 Miscellaneous\nDivision 1 Legal Proceedings\n29 Consent to prosecutions ................................................................ 23\n30 Time limits ..................................................................................... 23\n31 Averments ..................................................................................... 23\n32 Liability of employers, &c. .............................................................. 24\n33 Conduct of directors, &c., of bodies corporate ............................... 24\n34 Repeated offences and prohibition from handling dangerous\ngoods ............................................................................................. 25\n35 Forfeiture, &c., of dangerous goods .............................................. 25\n36 Disposal of forfeited goods ............................................................ 26\nDivision 2 Codes of practice and Regulations\n37 Codes of practice........................................................................... 26\n38 Use of codes of practice in proceedings ........................................ 27\n39 Regulations.................................................................................... 28\nPart 7 Repeal, savings and transitional\n40 Definition........................................................................................ 30\n41 Repeal ........................................................................................... 31\n42 Savings and transitional ................................................................ 31\n43 Saving of regulations under repealed Act ...................................... 32\nENDNOTES\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 25 May 2022\n____________________\nDANGEROUS GOODS ACT 1998\nAn Act to provide for the safe storage, handling and transport of certain\ndangerous goods\nPart 1 Preliminary\n1 Short title\nThis Act may be cited as the Dangerous Goods Act 1998.\n2 Commencement\nThe provisions of this Act come into operation on the date or dates\nfixed by the Administrator by notice in the Gazette.\n3 Definitions\nIn this Act, unless the contrary intention appears:\ncode of practice means a code of practice under section 37 as in\nforce from time to time.\nCompetent Authority means the Chief Executive Officer, within\nthe meaning of the Public Sector Employment and Management\nAct 1993, of the Agency allotted the responsibility for the\nadministration of this Act by an Administrative Arrangements Order.\ncontainer means a thing in or by which dangerous goods are\nwholly or partly encased, covered, enclosed, contained or packed\nand includes a component, receptacle, covering or material\nnecessary for the container to perform its containment function.\nconvey, in relation to dangerous goods, includes the transport,\ntransmission and carriage of the dangerous goods by any means\nand the transport, transmission and carriage of dangerous goods by\na pipeline or within premises.\ndangerous goods means substances or things:\n(a) declared by the Competent Authority under section 6; or\n\nPart 1 Preliminary\nDangerous Goods Act 1998 2\n(b) prescribed by the Regulations,\nto be dangerous goods.\ndangerous situation means a situation or occurrence involving\ndangerous goods that:\n(a) is causing or is likely to cause imminent risk of the death of or\ninjury to a person or damage to property; or\n(b) has resulted in the death of or injury to a person or damage to\nproperty,\nand includes an explosion, fire or loss of containment of dangerous\ngoods and a likely explosion, fire or loss of containment of\ndangerous goods.\nfurther notice means a notice given under section 25.\nhandling, in relation to dangerous goods, includes preparing,\npackaging, manufacturing, storing, using, loading, unloading,\nsupplying, selling, purchasing, receiving, processing, treating,\nlabelling, marking, dispensing, transferring, rendering harmless,\nplacarding, destroying, disposing of, conveying and transporting of\nthe dangerous goods.\nhazard means any thing or situation capable of injuring a person,\ncompromising the health or safety of a person or damaging\nproperty and includes a dangerous situation.\nimprovement notice means a notice given under section 24.\ninvolved in handling dangerous goods includes:\n(a) to arrange for the handling of dangerous goods;\n(b) to import or export, or arrange the import or export of,\ndangerous goods into the Territory;\n(c) to consign, or receive or be the consignee of, dangerous\ngoods;\n(d) to undertake or be responsible for handling dangerous goods;\n(e) to drive or operate a vehicle conveying dangerous goods;\n(f) to be involved as a director, secretary or manager of a body\ncorporate, or other person who takes part in the management\nof a body corporate, that takes part in the handling of\ndangerous goods; and\n\nPart 1 Preliminary\nDangerous Goods Act 1998 3\n(g) to be an occupier of premises where dangerous goods are\nhandled.\nlicence means a licence granted under the Regulations and\nincludes a provisional licence, permit, notice of approval, certificate,\nprovisional certificate and a renewal of a licence, permit, notice of\napproval or certificate.\nlicensee means a person granted a licence.\nmanufacture includes to make, remake, alter, break up and\nrecondition.\nmember of the Fire and Rescue Service means a member of the\nNorthern Territory Fire and Rescue Service, other than a volunteer\nmember or an auxiliary member, within the meaning of the Fire and\nEmergency Act 1996.\nofficer means a person appointed under section 17(1) and\nincludes:\n(a) the Competent Authority; and\n(b) a person referred to in section 17(3).\nperson in charge of the dangerous goods means, in relation to\ndangerous goods or goods an officer reasonably believes to be\ndangerous goods:\n(a) the occupier of the place, premises or vehicle where, or on or\nin which, the goods are being or have been handled;\n(b) the person who owns the goods;\n(c) the employer (or manager) in relation to the place, premises or\nvehicle where, or on or in which, the goods are being or have\nbeen handled; or\n(d) a person licensed in relation to the goods.\nplant includes:\n(a) machinery, pressure vessels, equipment, appliances,\nimplements, scaffolding and tools; and\n(b) any component of or thing fitted, connected or appurtenant, to\nplant.\n\nPart 1 Preliminary\nDangerous Goods Act 1998 4\npracticable, in relation to a hazard, risk or dangerous situation,\nmeans practicable having regard to:\n(a) the severity of the hazard, risk or danger;\n(b) the state of knowledge about the hazard, risk or dangerous\nsituation and the ways of averting, eliminating or minimising\nthe hazard, risk or danger;\n(c) the availability and suitability of ways to avert, eliminate or\nminimise the hazard, risk or danger; and\n(d) the cost of averting, eliminating or minimising the hazard, risk\nor danger.\npremises includes land and permanent or temporary buildings and\nstructures on land.\nprohibition notice means a notice given under section 22.\nrisk means the probability of a hazard injuring a person,\ncompromising the health or safety of a person or damaging\nproperty.\nsell includes:\n(a) barter or exchange;\n(b) contract to sell or offer or expose for sale, barter or exchange;\n(c) authorise, permit, cause or suffer to be sold, bartered,\nexchanged or offered or exposed for sale;\n(d) have in possession for the purpose of sale, barter or\nexchange; and\n(e) authorise, permit, cause or suffer to be sent, forwarded or\ndelivered for sale or for barter or exchange.\nsubstance includes a solid, liquid or gas or any mixture of solids,\nliquids or gases.\nvehicle means a vehicle used or intended to be used, or adapted\nor capable of being adapted for use, on roads or rails and includes:\n(a) a train;\n(b) a trailer or caravan intended or adapted or capable of being\nadapted for use as an attachment to a vehicle; and\n(c) anything attached to a vehicle, trailer or caravan.\n\nPart 1 Preliminary\nDangerous Goods Act 1998 5\n4 Application\n(1) This Act does not apply to or in relation to:\na) radiation material within the meaning of the Radiation\nProtection Act 2004; or\n(b) radioactive material within the meaning of the Radioactive\nOres and Concentrates (Packaging and Transport) Act 1980;\nor\n(c) a prescribed substance within the meaning of the Atomic\nEnergy Act 1953 of the Commonwealth.\n(2) This Act does not apply in relation to:\n(a) the transport of dangerous goods by road or rail; or\n(b) any associated activity or matter,\nto the extent to which it is regulated by the Transport of Dangerous\nGoods by Road and Rail (National Uniform Legislation) Act 2010 or\nregulations made under that Act.\n(3) This Act does not apply in relation to an activity involving dangerous\ngoods to the extent to which the activity is regulated under the Work\nHealth and Safety (National Uniform Legislation) Act 2011.\n(4) If there is an inconsistency between:\n(a) a provision of this Act or regulations under this Act; and\n(b) a provision of an overriding Act or overriding Regulations;\nthe provision of the overriding Act or overriding Regulations\nprevails.\n(5) In this section:\noverriding Act means:\n(a) the Transport of Dangerous Goods by Road and Rail (National\nUniform Legislation) Act 2010; or\n(b) the Work Health and Safety (National Uniform Legislation)\nAct 2011.\noverriding Regulations means regulations made under an\noverriding Act.\n\nPart 2 Administration\nDangerous Goods Act 1998 6\n5 Act to bind Crown\nThis Act binds the Crown in right of the Territory and, so far as the\nlegislative power of the Legislative Assembly permits, the Crown in\nall its other capacities.\nPart 2 Administration\n6 Declaration, &c., by Competent Authority\n(1) The Competent Authority may, by notice in the Gazette:\n(a) declare a substance or thing (including a chemical) to be\ndangerous goods; and\n(b) classify a substance or thing declared under paragraph (a).\n(2) A declaration or classification under subsection (1) may be made by\nreference to, or by adopting or incorporating, a standard, rule, code,\nspecification or guide relating to the dangerous goods or the\nclassification of the dangerous goods as in force at a particular\ntime.\n7 Delegation\n(1) The Competent Authority may, in writing, delegate to a person any\nof his or her powers and functions under this Act or the\nRegulations, other than this power of delegation.\n(2) A delegation under subsection (1) may be made to a named person\nor to a person from time to time holding, acting in or performing the\nduties of a named office, designation or position.\n(3) A power or function delegated under this section when exercised or\nperformed by the delegate is to be taken to have been exercised or\nperformed by the Competent Authority.\n(4) A delegation under this section does not prevent the exercise of a\npower or performance of a function by the Competent Authority.\n8 Control of Competent Authority\nThe Competent Authority is subject to the directions of the Minister\nwhen exercising his or her powers and performing his or her\nfunctions.\n\nPart 3 General duties and offences in relation to dangerous goods\nDangerous Goods Act 1998 7\nPart 3 General duties and offences in relation to\ndangerous goods\n9 Safe handling of dangerous goods\n(1) A person involved in the handling of dangerous goods must ensure,\nas far as practicable, that the goods are handled safely.\nMaximum penalty: In the case of a body corporate:\n(a) 2 160 penalty units; or\n(b) where an offence results in death or\nserious harm to a person –\n4 0320 penalty units.\nIn the case of a natural person:\n(a) 430 penalty units or imprisonment for\n2 years; or\n(b) where an offence results in death or\nserious harm to a person –\n860 penalty units or imprisonment for\n4 years.\n(2) Without limiting subsection (1), a person involved in the handling of\ndangerous goods contravenes that subsection if he or she fails to\nensure, as far as practicable, that:\n(a) the goods are handled in a manner or in circumstances that\nthe goods will not:\n(i) endanger or be likely to endanger the safety or health of\na person; or\n(ii) damage or be likely to damage any property; or\n(b) the goods are not abandoned.\n(3) Without limiting subsection (1), a person in charge of dangerous\ngoods contravenes that subsection if he or she fails to ensure, as\nfar as practicable, that:\n(a) where plant or a container, vehicle, building or structure is\nused in the handling of the goods, the plant, container,\nvehicle, building or structure is safe and maintained in a safe\ncondition;\n\nPart 3 General duties and offences in relation to dangerous goods\nDangerous Goods Act 1998 8\n(b) plant, containers and substances used, handled, stored or\ntransported in relation to the goods are used, handled, stored\nor transported in a safe manner; or\n(c) a system is in place that provides and ensures:\n(i) the safe management of the goods;\n(ii) the identification of hazards and the assessment and\ncontrol of risks;\n(iii) safe work practices;\n(iv) that appropriate information, training, instruction and\nsupervision are provided in relation to the safe handling\nof the goods to each person involved in the handling of\nthe goods; and\n(v) that appropriate information in relation to the safe\nhandling of the goods is provided to other persons\naffected, or likely to be affected, by the handling of the\ngoods.\n(4) In this section:\nserious harm has the same meaning as in the Criminal Code.\n10 Person not to cause or contribute to dangerous situation\nA person must not knowingly cause, or knowingly contribute to, a\ndangerous situation.\nMaximum penalty: In the case of a body corporate –\n2 160 penalty units.\nIn the case of a natural person –\n430 penalty units or imprisonment for\n2 years.\n11 Duties of manufacturers, &c., of dangerous goods\n(1) A person who manufactures, imports or supplies dangerous goods\nmust ensure, as far as practicable, that the goods are not imported\ninto, or supplied in, the Territory in an unsafe condition.\nMaximum penalty: In the case of a body corporate –\n2 160 penalty units.\nIn the case of a natural person –\n430 penalty units.\n\nPart 3 General duties and offences in relation to dangerous goods\nDangerous Goods Act 1998 9\n(2) A person who manufactures, imports or supplies dangerous goods\nmust ensure, as far as practicable, that the goods are:\n(a) given the correct classification as required by this Act or the\nRegulations;\n(b) listed and labelled in accordance with the Regulations; and\n(c) contained in an appropriate container.\nMaximum penalty: In the case of a body corporate –\n430 penalty units.\nIn the case of a natural person – 85 penalty\nunits.\n(3) A person who manufactures, imports or supplies dangerous goods\nmust ensure, as far as practicable, that:\n(a) adequate toxicological data in respect of the goods; and\n(b) all other information and data relevant to the safe handling of\nthe goods,\nis provided when the goods are supplied by him or her and at any\ntime at the request of a person.\nMaximum penalty: In the case of a body corporate –\n430 penalty units.\nIn the case of a natural person – 85 penalty\nunits.\n12 Duties of manufacturers, &c., of plant\nA person who designs, manufactures, imports, supplies or sells\nplant or a container, vehicle, building or structure intended to be\nused in the handling of dangerous goods must ensure, as far as\npracticable, that the design and characteristics of the plant,\ncontainer, vehicle, building or structure are such that the use of the\nplant, container, vehicle, building or structure in accordance with\nthe designers, supplier's or manufacturer's instructions is not likely\nto endanger the safety or health of a person or to damage any\nproperty.\nMaximum penalty: In the case of a body corporate –\n2 160 penalty units.\nIn the case of a natural person –\n430 penalty units.\n\nPart 3 General duties and offences in relation to dangerous goods\nDangerous Goods Act 1998 10\n13 Duties of erectors and installers of plant, &c.\nA person who erects or installs plant or a container, building or\nstructure intended to be used in connection with dangerous goods\nmust ensure, as far as practicable, that the plant, container, building\nor structure is erected or installed so that a person who uses the\nplant, container, building or structure is not subjected to hazards\nthat arise from, or are increased by, the way in which the plant,\ncontainer, building or structure is erected or installed.\nMaximum penalty: In the case of a body corporate –\n2 160 penalty units.\nIn the case of a natural person –\n430 penalty units.\n14 Duties of persons in charge of plant, &c.\nThe person in charge of:\n(a) a building or structure, including fixtures and fittings of the\nbuilding or structure that are under his or her control; or\n(b) plant or a container or vehicle,\nused in the handling of dangerous goods must ensure, as far as\npracticable, that the condition or use of the plant, container, vehicle,\nbuilding, structure or fixtures or fittings is not likely to endanger the\nsafety or health of a person or to damage any property.\nMaximum penalty: In the case of a body corporate –\n2 160 penalty units.\nIn the case of a natural person –\n430 penalty units.\n15 Goods too dangerous to transport\nA person must not transport, or cause or arrange to transport,\ndangerous goods that the Regulations specify are too dangerous to\ntransport.\nMaximum penalty: In the case of a body corporate –\n2 160 penalty units.\nIn the case of a natural person –\n430 penalty units or imprisonment for\n2 years.\n\nPart 4 Officers\nDangerous Goods Act 1998 11\n16 Offences\n(1) A person must not:\n(a) refuse an officer access to a place, premises or vehicle;\n(b) refuse to produce to an officer a document required to be\nproduced under this Act, the Regulations or any other Act;\n(c) conceal the location or existence of a person, plant, container,\nvehicle or substance from an officer;\n(d) prevent a person from assisting an officer;\n(e) in any other way hinder, impede or oppose, or induce a\nperson to hinder, impede or oppose, an officer in performing\nhis or her functions or exercising his or her powers under this\nAct, the Regulations or any other Act;\n(f) give to an officer information that the person knows is false or\nmisleading in a material particular; or\n(g) fail to comply with a direction made by an officer.\nMaximum penalty: In the case of a body corporate –\n430 penalty units.\nIn the case of a natural person – 85 penalty\nunits, or imprisonment for 6 months.\n(2) A person must comply with an officer's request under\nsection 18(1)(f) unless the person has a reasonable excuse for not\ncomplying with it.\nMaximum penalty: 4 penalty units.\n(3) For the purposes of this section, a person authorised under\nsection 18(5) to assist an officer is an officer while acting within the\nscope of his or her authorisation.\nPart 4 Officers\n17 Appointment of officers\n(1) The Competent Authority may, in writing, appoint a person to be an\nofficer.\n(2) An officer is subject to the directions of the Competent Authority\nand the Minister when exercising his or her powers and performing\nhis or her functions.\n\nPart 4 Officers\nDangerous Goods Act 1998 12\n(3) A member of the Police Force and a member of the Fire and\nRescue Service is an officer while exercising the powers conferred\non him or her by section 18(3) or 19(1).\n18 General powers and functions of officers\n(1) An officer, other than an officer referred to in section 17(3), may:\n(a) enter a place, premises or vehicle that he or she reasonably\nbelieves is being or has been used in the handling of\ndangerous goods;\n(b) inspect a place, premises or vehicle, or anything in or on a\nplace, premises or vehicle, that he or she reasonably believes\nis being or has been used in the handling of dangerous goods;\n(c) direct a person in control of a vehicle that he or she\nreasonably believes is being or has been used to convey\ndangerous goods to stop the vehicle;\n(d) detain a vehicle that he or she reasonably believes is being or\nhas been used to convey dangerous goods and inspect the\nvehicle and its load;\n(e) where he or she reasonably believes that an offence is being\nor has been committed against this Act or the Regulations,\nseize any dangerous goods, plant, vehicle, package,\ncontainer, document, paper or record relating to or used in\nconnection with the handling of dangerous goods and that he\nor she reasonably believes is related to the alleged offence;\n(f) where he or she reasonably believes that a person is involved\nin the handling of dangerous goods, require the person to:\n(i) state the person's name and address; and\n(ii) provide evidence that the stated name and address are\ncorrect;\n(g) examine, take stock of and take samples, without cost to the\nTerritory, and, if necessary, open a container of dangerous\ngoods or goods that he or she reasonably suspects to be\ndangerous goods;\n(h) install and use on premises, at a place or in or on a vehicle,\nwhere dangerous goods are handled, equipment or a\nmeasuring device to sample, measure or analyse a substance\nor material that he or she reasonably believes may be, or\ncontain, dangerous goods;\n\nPart 4 Officers\nDangerous Goods Act 1998 13\n(j) enter and inspect a place, premises or vehicle where or in or\non which:\n(i) dangerous goods are kept; or\n(ii) an officer reasonably believes dangerous goods are\nkept,\nand examine a licence or record required to be kept under this\nAct or the Regulations and, at the Territory's expense, take\nnotes or extracts from the licence or records; and\n(k) give directions not inconsistent with this Act or the Regulations\nto a person involved in the handling of dangerous goods with\nrespect to the handling of the goods.\n(2) Without limiting subsection (1), an officer, other than an officer\nreferred to in section 17(3), may:\n(a) enter a place, premises or vehicle at, in, on or in relation to\nwhich he or she reasonably believes there is or has been a\ndangerous situation;\n(b) inspect a place, premises or vehicle, or anything in or on a\nplace, premises or vehicle, at, in, on or in relation to which he\nor she reasonably believes there is or has been a dangerous\nsituation;\n(c) direct a person in control of a vehicle in, on or in relation to\nwhich he or she reasonably believes there is or has been a\ndangerous situation to stop the vehicle; and\n(d) detain a vehicle in, on or in relation to which he or she\nreasonably believes there is or has been a dangerous\nsituation and inspect the vehicle and its load.\n(3) An officer referred to in section 17(3) may, where he or she\nreasonably believes that an offence against this Act or the\nRegulations has been, is being or will be committed in relation to\ndangerous goods:\n(a) enter a place, premises or vehicle that he or she reasonably\nbelieves is being or has been used in the handling of the\ndangerous goods;\n(b) inspect a place, premises or vehicle, or anything in or on a\nplace, premises or vehicle, that he or she reasonably believes\nis being or has been used in the handling of dangerous goods;\n\nPart 4 Officers\nDangerous Goods Act 1998 14\n(c) direct a person in control of a vehicle that he or she\nreasonably believes is being or has been used to convey the\ndangerous goods to stop the vehicle;\n(d) detain a vehicle that he or she reasonably believes is being or\nhas been used to convey the dangerous goods and inspect\nthe vehicle and its load; and\n(e) give directions not inconsistent with this Act or the Regulations\nto a person involved in the handling of the dangerous goods\nwith respect to the handling of the goods.\n(4) An officer or a person authorised under subsection (5) may direct a\nperson in charge, or involved in the handling, of dangerous goods\nor goods that the officer or person reasonably believes to be\ndangerous goods to assist the officer or person in exercising or\nperforming a power or function of the officer or person under this\nAct or the Regulations in relation to the goods.\n(5) An officer may, where necessary for the purposes of exercising a\npower or performing a function under this Act or the Regulations,\nauthorise a person to assist the officer.\n(6) A person authorised under subsection (5) may exercise the powers\nand perform the functions of an officer within the scope of the\nperson's authorisation.\n19 Officer may direct person to answer questions\n(1) An officer may:\n(a) in order to find out whether this Act or the Regulations are\nbeing complied with; or\n(b) in order to carry out an investigation in relation to a dangerous\nsituation,\ndirect a person to answer a question, produce a document or\nprovide information.\n(2) A person is not excused from answering a question, producing a\ndocument or providing information on the ground that the question,\ndocument or information might tend to incriminate the person, but\nthe answer, document or information is not admissible in evidence\nagainst the person in criminal proceedings other than for an offence\nagainst section 16(1)(e), (f) or (g).\n\nPart 4 Officers\nDangerous Goods Act 1998 15\n20 Protection of officers and authorised persons\n(1) No action or proceeding, civil or criminal, lies against the Territory,\nthe Competent Authority or an officer for or in respect of an act or\nthing done or omitted to be done in good faith by the Competent\nAuthority or officer in his or her capacity as the Competent Authority\nor officer.\n(2) For the purposes of subsection (1), a person authorised under\nsection 18(5) to assist an officer is an officer while acting within the\nscope of his or her authorisation.\n21 Power to destroy, &c., certain dangerous goods\n(1) The Competent Authority or an officer appointed under\nsection 17(1) may, if he or she reasonably believes that it is\nnecessary in the public interest or for the safety of a person:\n(a) dispose of, destroy or render safe dangerous goods or plant,\ninstallations or containers used in the handling of dangerous\ngoods;\n(b) render safe a place, premises or vehicle where or in or on\nwhich dangerous goods have been or are being handled; or\n(c) give directions to a person in respect of:\n(i) the disposal, destruction or rendering safe of dangerous\ngoods, plant, installations or containers; or\n(ii) rendering safe of a place, premises or vehicle.\n(2) An officer may only take action under subsection (1) where:\n(a) the officer has the written authority of the person in charge of\nthe dangerous goods, plant, installations, container, place,\npremises or vehicle or the person's agent;\n(b) the officer has the consent of the Competent Authority; or\n(c) the officer reasonably believes that:\n(i) there is imminent danger to a person or property; or\n(ii) a dangerous situation is occurring, has occurred or is\nabout to occur.\n\nPart 5 Prohibition and improvement notices\nDangerous Goods Act 1998 16\n(3) The cost of disposing of, destroying or rendering safe dangerous\ngoods or plant, installations or containers or rendering safe a place,\npremises or vehicle, under subsection (1) is:\n(a) a debt due and payable to the Territory; and\n(b) recoverable jointly and severally from each person in charge\nof the dangerous goods.\n(4) A certificate purporting to be signed by the Competent Authority or\nan officer appointed under section 17(1) specifying the cost of\ndisposing of, destroying or rendering safe dangerous goods or\nplant, installations or containers or rendering safe a place, premises\nor vehicle under subsection (1) is evidence of the cost.\nPart 5 Prohibition and improvement notices\n22 Competent Authority may give prohibition notice\n(1) The Competent Authority may give a prohibition notice to a person\nwhere the Competent Authority reasonably believes that:\n(a) a dangerous situation is occurring or is likely to occur; and\n(b) the person is able to take action to avert, eliminate or minimise\nthe danger.\n(2) A prohibition notice is to:\n(a) be in writing;\n(b) state the name of the person to whom the notice is directed;\n(c) state where the Competent Authority reasonably believes that\nthe dangerous situation is occurring or is likely to occur;\n(d) state the grounds on which the belief is based;\n(e) where the Competent Authority reasonably believes the act or\nactivity involves or will involve a contravention or likely\ncontravention of this Act or the Regulations, specify the\nrelevant provision and state the reasons for that belief; and\n(f) specify any act or activity that is prohibited until the Competent\nAuthority certifies in writing that the dangerous situation has\nceased or will not occur.\n\nPart 5 Prohibition and improvement notices\nDangerous Goods Act 1998 17\n(3) The Competent Authority may include in a prohibition notice\ninstructions as to the measures to be taken to avert, eliminate or\nminimise the danger to which the notice relates.\n(4) An instruction under subsection (3) may:\n(a) refer to a code of practice; and\n(b) offer the person to whom it is issued a choice of ways in which\nto avert, eliminate or minimise the danger to which the notice\nrelates.\n(5) Where the Competent Authority is of the opinion that a dangerous\nsituation relating to a prohibition notice has ceased or will not occur,\nhe or she must certify in writing that the dangerous situation has\nceased or will not occur.\n(6) Where an appeal is made under section 28 against a prohibition\nnotice, the Competent Authority must not certify under\nsubsection (5) or revoke or suspend the prohibition notice until after\nthe appeal is withdrawn or decided.\n(7) A prohibition notice remains in force until:\n(a) the Competent Authority certifies under subsection (5);\n(b) the Competent Authority revokes or suspends the notice; or\n(c) the Local Court revokes the notice under section 28(3)(d).\n(8) A person to whom a prohibition notice is given must not contravene\nor fail to comply with the notice.\nMaximum penalty: In the case of a body corporate –\n430 penalty units and 25 penalty units for\neach day during which the offence\ncontinues.\nIn the case of a natural person – 85 penalty\nunits or imprisonment for 6 months and\n8 penalty units for each day during which\nthe offence continues.\n23 Competent Authority may place mark on plant or container\n(1) Where the Competent Authority gives a prohibition notice in respect\nof an act or activity relating to the use of plant or a container, the\nCompetent Authority may place a mark on the plant or container, or\nany part of the plant or container, to indicate that the plant or\ncontainer, or the part, that is marked is not to be used.\n\nPart 5 Prohibition and improvement notices\nDangerous Goods Act 1998 18\n(2) Where a mark is placed on plant or a container or a part of plant or\na container, a person must not use the plant or container or the part\non which the mark is placed or remove, obliterate or otherwise\ninterfere with the mark until:\n(a) the Competent Authority certifies under section 22(5) in\nrespect of the act or activity relating to the use of the plant or\ncontainer or the part;\n(b) the Competent Authority revokes or suspends the prohibition\nnotice in whole or in relation to the act or activity;\n(c) the Local Court revokes the prohibition notice; or\n(d) the Local Court varies the notice so that the use is not\nprohibited.\nMaximum penalty: In the case of a body corporate –\n430 penalty units and 25 penalty units for\neach day during which the offence\ncontinues.\nIn the case of a natural person – 85 penalty\nunits or imprisonment for 6 months and\n8 penalty units for each day during which\nthe offence continues.\n(3) In this section, plant includes a vehicle, building and structure.\n24 Competent Authority may give improvement notice\n(1) The Competent Authority may give an improvement notice to a\nperson where he or she reasonably believes that the person:\n(a) is contravening this Act or the Regulations; or\n(b) has contravened this Act or the Regulations in circumstances\nthat make it likely that the contravention will be repeated.\n(2) An improvement notice is to:\n(a) be in writing;\n(b) state the name of the person to whom the notice is directed;\n(c) state that the Competent Authority reasonably believes that\nthe person:\n(i) is contravening this Act or the Regulations; or\n\nPart 5 Prohibition and improvement notices\nDangerous Goods Act 1998 19\n(ii) has contravened this Act or the Regulations in\ncircumstances that make it likely that the contravention\nwill be repeated;\n(d) state the grounds on which the belief is based;\n(e) specify the provision of this Act or the Regulations in respect\nof which the belief is based; and\n(f) specify the day, being not earlier than 7 days after the giving\nof the notice, by which the person must:\n(i) remedy the contravention; or\n(ii) remedy matters or activities giving rise to the\ncircumstances that make it likely that the contravention\nwill be repeated.\n(3) The Competent Authority may include in an improvement notice\ninstructions as to the measures to be taken to remedy the\ncontravention, or matters or activities, to which the notice relates.\n(4) An instruction under subsection (3) may:\n(a) refer to a code of practice; and\n(b) offer the person to whom it is issued a choice of ways in which\nto remedy the contravention, or matters or activities, to which\nthe notice relates.\n(5) A person to whom an improvement notice is given must not\ncontravene or fail to comply with the notice.\nMaximum penalty: In the case of a body corporate –\n430 penalty units and 25 penalty units for\neach day during which the offence\ncontinues.\nIn the case of a natural person – 85 penalty\nunits or imprisonment for 6 months and\n8 penalty units for each day during which\nthe offence continues.\n25 Competent Authority may give further notice and carry out\nwork\n(1) The Competent Authority may give a further notice to a person to\nwhom an improvement notice has been given where the\nimprovement notice requires work to be done and the work is not\ndone.\n\nPart 5 Prohibition and improvement notices\nDangerous Goods Act 1998 20\n(2) A further notice may be given:\n(a) where no appeal is lodged under section 28 against the\nimprovement notice – within 7 days after the date specified in\nthe improvement notice for the carrying out of the work; or\n(b) where the Local Court has affirmed or varied the improvement\nnotice or issued a notice in substitution for the improvement\nnotice, and work is required to be done under the\nimprovement notice – within 7 days after the date on which the\ndecision of the Court was made known or within a longer or\nshorter period determined by the Court.\n(3) A further notice is to specify the date, being not earlier than 7 days\nafter the giving of the further notice, after which the Competent\nAuthority intends to carry out or cause to be carried out the work\nspecified in the further notice.\n(4) The Competent Authority or a person authorised by the Competent\nAuthority may, after the date specified in a further notice, enter on\nor in the premises, place or vehicle in relation to which the further\nnotice was given with employees or agents and machinery\nreasonably necessary to carry out the work specified in the notice\nand may do all things reasonably necessary to be done to carry out\nthe work.\n(5) The Competent Authority must not carry out or cause to be carried\nout work in relation to a further notice that is the subject of an\nappeal under section 28.\n(6) The cost reasonably incurred by the Competent Authority in\nexercising his or her powers under subsection (4) is a debt due and\npayable to the Territory by the person required to carry out the work\nby the improvement notice to which the further notice relates.\n(7) A certificate, purporting to be signed by the Competent Authority or\nan officer appointed under section 17(1), specifying details of the\ncosts reasonably incurred in carrying out the work under\nsubsection (1) is evidence of those costs.\n26 Competent Authority may carry out work or cause work to be\ncarried out\n(1) The Competent Authority may carry out or cause to be carried out\nwork or repairs if the Competent Authority reasonably believes that:\n(a) a dangerous situation exists;\n\nPart 5 Prohibition and improvement notices\nDangerous Goods Act 1998 21\n(b) the work or repairs are necessary to repair damage or to\nminimise or avert damage or a risk that has resulted or is likely\nto result from the dangerous situation;\n(c) the person in charge of the dangerous goods cannot be found;\nand\n(d) either:\n(i) the circumstances require immediate action or\nintervention; or\n(ii) giving a prohibition notice or improvement notice to a\nperson would not be appropriate.\n(2) For the purposes of subsection (1), the Competent Authority may:\n(a) by his or her employees or agents, enter in or on premises or\na place or vehicle with machinery necessary to carry out the\nwork or repairs or remove property; or\n(b) authorise a person and the employees and agents of the\nperson to enter in or on premises or a place or vehicle with\nmachinery necessary to carry out the work or repairs or\nremove property.\n(3) The cost reasonably incurred by the Competent Authority in\ncarrying out work under subsection (1) is a debt due and payable to\nthe Territory.\n(4) A person in charge of dangerous goods involved in a dangerous\nsituation and a person who caused or contributed to the dangerous\nsituation are jointly and severally liable for the costs reasonably\nincurred by the Competent Authority in carrying out work under\nsubsection (1).\n(5) A certificate, purporting to be signed by the Competent Authority or\nan officer appointed under section 17(1), specifying details of the\ncosts reasonably incurred in carrying out the work under\nsubsection (1) is evidence of those costs.\n27 Giving of notices\nA notice under section 22, 24 or 25 may be given to a person by:\n(a) delivering it personally to the person;\n\nPart 5 Prohibition and improvement notices\nDangerous Goods Act 1998 22\n(b) leaving it at the person's usual or last known place of\nresidence or business with some other person, apparently\nresident or employed there and apparently in charge or in a\nposition of authority;\n(c) sending it by registered post, addressed:\n(i) in the case of a natural person – to the person's last-\nknown place of business or residence; or\n(ii) in the case of a body corporate – to its registered office\nin the Territory or otherwise as provided by the\nCorporations Law; or\n(d) where the notice relates to a vehicle, placing the notice\nsecurely on the vehicle in a conspicuous position.\n28 Appeals against notices\n(1) A person to whom a notice under section 22, 24 or 25 is given may,\nwithin 7 days after the notice is given or a later time that the Local\nCourt allows, appeal in writing to the Local Court against the notice.\n(2) Where an appeal is lodged against an improvement notice or a\nfurther notice, the operation of the notice is suspended until:\n(a) the Court determines the appeal;\n(b) the appeal is withdrawn; or\n(c) the notice is revoked or suspended by the Competent\nAuthority.\n(3) The Court must determine an appeal against a prohibition notice,\nan improvement notice or a further notice:\n(a) by affirming the notice;\n(b) by varying the notice;\n(c) by substituting its own notice for the notice given by the\nCompetent Authority; or\n(d) by revoking the notice.\n(4) A notice as affirmed, varied or substituted under subsection (3)\ncomes into operation:\n(a) on the date on which it is affirmed, varied or substituted; or\n(b) on a later date specified by the Court.\n\nPart 6 Miscellaneous\nDivision 1 Legal Proceedings\nDangerous Goods Act 1998 23\nPart 6 Miscellaneous\nDivision 1 Legal Proceedings\n29 Consent to prosecutions\nA prosecution cannot be instituted in respect of an offence against\nthis Act or the Regulations without the written consent of the\nCompetent Authority.\n30 Time limits\nProceedings against a person in respect of an offence against this\nAct or the Regulations cannot be instituted after 3 years from the\ndate of the alleged offence or the discovery of the alleged offence,\nwhichever is the later.\n31 Averments\nIn proceedings in respect of an offence against this Act or the\nRegulations, an averment in the information or complaint that:\n(a) a specified person is the Competent Authority or an officer;\n(b) a specified person was or was not on a specified day a\nlicensee;\n(c) a specified licence contained specified conditions;\n(d) a specified substance or thing was at a specified time\ndangerous goods;\n(e) a specified container did on a specified day contain dangerous\ngoods;\n(f) specified dangerous goods, being dangerous goods specified\nin a shipping document carried in or on a vehicle, were\ntransported in or on the vehicle;\n(g) specified dangerous goods are dangerous goods of a\nspecified class or kind; or\n(h) a specified document is a code of practice in force at a\nspecified time,\nis evidence of the fact alleged.\n\nPart 6 Miscellaneous\nDivision 1 Legal Proceedings\nDangerous Goods Act 1998 24\n32 Liability of employers, &c.\n(1) Where an employee or agent:\n(a) engages in conduct on behalf of another person within the\nscope of his or her authority; and\n(b) the conduct constitutes an offence against this Act or the\nRegulations,\nthen the other person is guilty of the same offence and is liable to\nthe same penalty.\n(2) Proceedings may be instituted against the other person\nnotwithstanding that the employee or agent has not been charged\nwith the offence.\n(3) It is a defence to a prosecution for an offence referred to in\nsubsection (1) that the other person charged:\n(a) did not authorise or permit the commission of the offence by\nthe employee or agent; or\n(b) took reasonable precautions and used due diligence to\nprevent the commission of the offence or an offence of the\nsame or similar nature.\n33 Conduct of directors, &c., of bodies corporate\n(1) Where in proceedings under this Act or the Regulations it is\nnecessary to establish the intent of a body corporate, it is sufficient\nto show that a director, employee or agent of the body corporate\nhad that intention.\n(2) A person who is a director, or who is involved in the management,\nof a body corporate that has committed an offence against this Act\nor the Regulations is guilty of the same offence and is liable to the\nsame penalty.\n(3) Proceedings may be instituted against the person notwithstanding\nthat the body corporate has not been charged with the offence.\n(4) It is a defence to a prosecution for an offence referred to in\nsubsection (2) that the person:\n(a) was not in a position to influence the conduct of the body\ncorporate in relation to the offence; or\n(b) took reasonable precautions and used due diligence to\nprevent the commission of the offence.\n\nPart 6 Miscellaneous\nDivision 1 Legal Proceedings\nDangerous Goods Act 1998 25\n34 Repeated offences and prohibition from handling dangerous\ngoods\n(1) Where a person is found guilty of an offence against this Act or the\nRegulations, the court may, in addition to any other penalty, order\nthat the person be prohibited for a specified period from being\ninvolved generally in, or in relation to specific aspects of, the\nhandling of dangerous goods.\n(2) When making an order under subsection (1), the court must take\ninto account:\n(a) the person's record in relation to dangerous goods;\n(b) the prior convictions of the person that relate to the handling of\ndangerous goods;\n(c) the circumstances surrounding the commission of the offence\nfor which the person is being sentenced; and\n(d) other matters the court thinks fit.\n(3) A person must not contravene or fail to comply with an order under\nsubsection (1).\nMaximum penalty: In the case of a body corporate –\n2 160 penalty units.\nIn the case of a natural person –\n430 penalty units or imprisonment for\n2 years.\n35 Forfeiture, &c., of dangerous goods\nWhere a person is found guilty of an offence against this Act or the\nRegulations, the court may order:\n(a) the dangerous goods in respect of which the offence was\ncommitted to be forfeited to the Territory; and\n(b) the person to pay to the Territory the costs and expenses\nincurred in the seizure, detention and removal of the\ndangerous goods or the package, container or vehicle, as the\ncase may be, in which the dangerous goods were contained\nor kept when seized, detained or removed.\n\nPart 6 Miscellaneous\nDivision 2 Codes of practice and Regulations\nDangerous Goods Act 1998 26\n36 Disposal of forfeited goods\n(1) The Competent Authority may dispose of, destroy or render safe or\notherwise deal with dangerous goods forfeited to the Territory under\nsection 35 in the manner that he or she thinks fit.\n(2) The cost of disposing of, destroying or rendering safe dangerous\ngoods under subsection (1) is a debt due and payable to the\nTerritory by the person found guilty of the offence referred to in\nsection 35.\n(3) A certificate, purporting to be signed by the Competent Authority or\nan officer appointed under section 17(1), specifying the cost of\ndisposing of, destroying or rendering safe specified dangerous\ngoods under subsection (1) is evidence of the cost.\nDivision 2 Codes of practice and Regulations\n37 Codes of practice\n(1) The Minister may, on the recommendation of the Competent\nAuthority, by notice in the Gazette, approve a code of practice for\nthe purpose of providing practical guidance on a matter relating to\nthis Act or the Regulations.\n(2) A code of practice may consist of a code, standard, rule,\nspecification or provision relating to a matter in this Act formulated,\nprepared or adopted by the Competent Authority and may apply,\nincorporate or refer to a document formulated or published by a\nbody or authority as in force at the time the code of practice is\napproved or as amended, formulated or published from time to\ntime.\n(3) A notice under subsection (1) is to indicate:\n(a) where a copy of the code of practice to which it relates, and all\ndocuments applied, incorporated or referred to in the code,\nmay be inspected by members of the public without charge;\nand\n(b) the times during which it may be inspected.\n(4) The Competent Authority is to make a code and documents\nreferred to in a notice under subsection (3) available in accordance\nwith the notice.\n\nPart 6 Miscellaneous\nDivision 2 Codes of practice and Regulations\nDangerous Goods Act 1998 27\n(5) The Competent Authority may approve in writing, in relation to a\nparticular place, premises or vehicle where or in or on which\ndangerous goods are handled, a code of practice presented to him\nor her by a person in charge of the dangerous goods.\n(6) Subject to subsections (7) and (8), a code of practice approved\nunder subsection (5) prevails over a code of practice approved\nunder subsection (1) in relation to that place, premises or vehicle.\n(7) The Competent Authority must not approve a code of practice\nunder subsection (5) that, in his or her opinion, adopts standards\nless stringent than the minimum relevant standards for the time\nbeing in a code of practice approved under subsection (1).\n(8) Where there is:\n(a) a relevant standard in a code of practice approved under\nsubsection (1) that is more stringent than a standard in a code\nof practice approved under subsection (5); or\n(b) a relevant standard in a code of practice approved under\nsubsection (1) in relation to a matter that is not provided for in\na code of practice approved under subsection (5),\nthat standard in the code of practice approved under subsection (1)\nis to prevail or apply, as the case may be, and is to be taken to be\nincorporated in the code of practice approved under subsection (5).\n(9) The person in charge of dangerous goods must make a code of\npractice approved under subsection (5) in relation to the dangerous\ngoods available for inspection at all reasonable times by a person\ninvolved in the handling of the dangerous goods.\nMaximum penalty: 17 penalty units.\n(10) An offence against subsection (9) is a regulatory offence.\n(11) A person is not liable to a civil or criminal action by reason only that\nhe or she has failed to observe a provision of a code of practice.\n38 Use of codes of practice in proceedings\n(1) A person does not commit an offence against this Act or the\nRegulations if the act or omission alleged to constitute the offence\nor an element of the offence was done or omitted to be done in\ncompliance with a code of practice relating to the act or omission.\n(2) Where, in a prosecution for an offence against a provision of this\nAct or the Regulations, it is proved that the act or omission alleged\nto constitute the offence or an element of the offence was done or\n\nPart 6 Miscellaneous\nDivision 2 Codes of practice and Regulations\nDangerous Goods Act 1998 28\nomitted to be done in contravention of a code of practice relating to\nthe act or omission, the offence or the element is to be taken to be\nproved unless the court is satisfied that the defendant complied with\nthe provision otherwise than by compliance with the code of\npractice.\n39 Regulations\n(1) The Administrator may make regulations, not inconsistent with this\nAct, prescribing all matters:\n(a) required or permitted by this Act to be prescribed; or\n(b) necessary or convenient to be prescribed for carrying out or\ngiving effect to this Act.\n(2) Without limiting subsection (1), the Regulations may make provision\nfor or with respect to:\n(a) the handling of dangerous goods and containers that are used\nin connection with dangerous goods, including the precautions\nto be observed and the methods of handling to be employed;\n(b) the classification of dangerous goods and methods for\ndetermining classifications;\n(c) the competency or qualifications of persons:\n(i) handling dangerous goods; or\n(ii) manufacturing, designing, installing, repairing or carrying\nout any work on containers, pipelines or any plant or\nthings that are used or are intended for use in\nconnection with dangerous goods,\nand the registering, certifying and licensing of those persons;\n(d) the exemption of persons, places, premises, vehicles,\nactivities or specified dangerous goods from the application of\nall or part of this Act or the Regulations;\n(e) the design, construction, manufacture, installation,\ncleanliness, ventilation, venting, marking, placarding, labelling\nand maintenance of places, premises, plant, vehicles,\ncontainers, pipelines and other things that are used or\nintended for use in the handling of dangerous goods;\n(f) the siting, design, construction, ventilation, venting,\nillumination, maintenance, fittings, fixtures and management of\npremises, plant, buildings and structures that are used, or are\n\nPart 6 Miscellaneous\nDivision 2 Codes of practice and Regulations\nDangerous Goods Act 1998 29\nintended for use, in connection with dangerous goods and the\ntreatment of premises, plant, buildings and structures no\nlonger required for the handling of dangerous goods;\n(g) the provision, maintenance, testing and use of safety and first\naid facilities at a place, on premises or in or on a vehicle used\nfor any purpose in connection with dangerous goods;\n(h) the inspection, examination and testing of dangerous goods\nand equipment that is, or is intended to be, used in connection\nwith dangerous goods and the fees payable for the inspection,\nexamination or testing;\n(j) the driving of vehicles conveying dangerous goods, including\nthe types of vehicles that can convey, and the procedures for\nconveying, specified classes of dangerous goods;\n(k) the making, keeping, production and inspection of records\nrelating to dangerous goods and the providing of returns and\nother information relating to dangerous goods;\n(m) the notice to be given of:\n(i) theft of dangerous goods from a place, premises or\nvehicle;\n(ii) theft in connection with dangerous goods at a place, on\npremises or in or on a vehicle; and\n(iii) dangerous situations and other accidents during the\nhandling of or in connection with dangerous goods at a\nplace, on premises or in or on a vehicle;\n(n) the procedures to be taken and the holding of inquiries in\nrelation to thefts, accidents and situations referred to in\nparagraph (m);\n(p) the establishment, management and use of magazines and\ngovernment explosives reserves;\n(q) the granting of licences by the Competent Authority to handle\ndangerous goods and the conditions to which a licence is to\nbe subject;\n(r) the notification and registration of places, premises and\nvehicles where dangerous goods are or are to be handled,\nincluding different categories of notification and registration,\nand the conditions and requirements to which notification and\nregistration is to be subject;\n\nPart 7 Repeal, savings and transitional\nDangerous Goods Act 1998 30\n(s) the payment of a prescribed amount in lieu of a penalty that\nmay otherwise be imposed for an offence against this Act or\nfor a breach of the Regulations;\n(t) the service of notices on persons alleged to have infringed this\nAct or breached the Regulations and particulars to be included\nin such notices;\n(u) the forms to be used; and\n(w) the fees payable in respect of any act, matter or thing under\nthis Act.\n(3) The Regulations may impose penalties for a breach of the\nRegulations not exceeding:\n(a) in the case of a body corporate – 215 penalty units or\n12 penalty units for each day during which the breach\ncontinues; and\n(b) in the case of a natural person – 40 penalty units or\n2.5 penalty units for each day during which the breach\ncontinues.\n(4) The Regulations may:\n(a) provide that an act or thing is to be done or be in accordance\nwholly or partly with the approval or to the satisfaction of a\nprescribed person or a person of a prescribed class of\npersons;\n(b) confer on a prescribed person, or class of persons, a\ndiscretionary authority; and\n(c) confer on a prescribed person, or class of persons, power to\ngive, in a prescribed manner, instructions, orders, directions or\nrequirements.\n(5) The Regulations may apply, adopt or incorporate (with or without\nchanges) the whole or part of a document, standard, rule,\nspecification or method formulated, as in force or existing at a\nparticular time or from time to time.\nPart 7 Repeal, savings and transitional\n40 Definition\nIn this Part, repealed Act means the Dangerous Goods Act as\nrepealed by section 41.\n\nPart 7 Repeal, savings and transitional\nDangerous Goods Act 1998 31\n41 Repeal\n(1) Subject to subsection (2) and section 42(1), the Dangerous Goods\nAct 1980 (No. 4, 1981) and the Dangerous Goods Act 1983 (No. 1,\n1983) are repealed.\n(2) Sections 27, 28 and 29 of the repealed Act are repealed or are to\nbe taken to have been repealed on the commencement of the\nWaste Management and Pollution Control Act 1997.\n42 Savings and transitional\n(1) A person who was, immediately before the commencement of\nsection 41, an inspector appointed under section 8(1)(c) of the\nrepealed Act is, on that commencement, to be taken to be an officer\nappointed under section 17(1).\n(2) A declaration or classification of dangerous goods under\nsection 13(1)(a) or (b) of the repealed Act that was in force\nimmediately before the commencement of this Act is, on that\ncommencement, to be taken to be a declaration or classification of\ndangerous goods under section 6(1)(a) or (b), respectively.\n(3) A licence granted under the repealed Act that was in force\nimmediately before the commencement of this Act remains in force\nunder the Regulations for the period and subject to the conditions\napplicable to the licence under the repealed Act as if the licence\nwas granted under the Regulations subject to those conditions.\n(4) A licence referred to in subsection (3) may be renewed, varied or\ncancelled under the Regulations.\n(5) A standard, rule, code, specification or guide adopted by the\nRegulations under section 51(5) of the repealed Act and in force\nimmediately before the commencement of this Act is to be taken to\nbe a document, standard, rule, specification or method, as the case\nmay be, incorporated or adopted by reference under section 39(5).\n(6) A certificate specifying the cost of the disposal of dangerous goods\nissued under section 11(8) of the repealed Act and in force\nimmediately before the commencement of this Act is to be taken to\nbe a certificate issued under section 21(4).\n(7) A certificate specifying the cost of the disposal of forfeited goods\nissued under section 47(3) of the repealed Act and in force\nimmediately before the commencement of this Act is to be taken to\nbe a certificate issued under section 36(3).\n\nPart 7 Repeal, savings and transitional\nDangerous Goods Act 1998 32\n43 Saving of regulations under repealed Act\nRegulations in force under the repealed Act immediately before the\ndate on which this Act comes into operation remain in force as if\nthey were regulations made under this Act and may be amended or\nrepealed by regulations made under this Act.\n\nENDNOTES\nDangerous Goods Act 1998 33\nENDNOTES\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nDangerous Goods Act 1998 (Act No. 23, 1998)\nAssent date 30 March 1998\nCommenced 18 August 2004 (Gaz G33, 18 August 2004, p 5)\nDangerous Goods Act 1998 Amendment Act 2003 (Act No. 20, 2003)\nAssent date 29 May 2003\nCommenced 18 August 2004 (Gaz G33, 18 August 2004, p 5)\nRadiation Protection Act 2004 (Act No. 23, 2004)\nAssent date 28 April 2004\nCommenced 5 October 2009 (Gaz S53, 5 October 2009)\nCriminal Code Amendment (Criminal Responsibility Reform) Act 2005 (Act No. 37,\n2005)\nAssent date 22 November 2005\nCommenced 20 December 2006 (Gaz G51, 20 December 2006, p 2)\nLaw Reform (Work Health) Amendment Act 2007 (Act No. 30, 2007)\nAssent date 12 December 2007\nCommenced 1 July 2008 (Gaz S29, 25 June 2008)\nTransport of Dangerous Goods by Road and Rail (National Uniform Legislation) Act\n2010 (Act No. 32, 2010)\nAssent date 9 September 2010\nCommenced 31 March 2011 (Gaz G13, 31 March 2011, p 14)\nPenalties Amendment (Justice and Treasury Legislation) Act 2010 (Act No. 38, 2010)\nAssent date 18 November 2010\nCommenced 1 February 2011 (Gaz S6, 1 February 2011)\n\nENDNOTES\nDangerous Goods Act 1998 34\nWork Health and Safety (National Uniform Legislation) Implementation Act 2011 (Act\nNo. 38, 2011)\nAssent date 14 December 2011\nCommenced 1 January 2012 (Gaz S78, 30 December 2011)\nStatute Law Amendment (Territory Economic Reconstruction) Act 2022 (Act No. 5,\n2022)\nAssent date 14 April 2022\nCommenced pt 7: nc; rem: 25 May 2022 (Gaz G21, 25 May 2022, p 1)\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: ss 1, 3 and 4.\n4 LIST OF AMENDMENTS\ns 3 amd No. 20, 2003, s 4; No. 32, 2010, s 153\ns 4 amd No. 20, 2003, s 5; No. 30, 2007, s 14; No. 23, 2004, s 103; No. 38,\n2011, s 30\ns 9 amd No. 37, 2005, s 20; No. 38, 2010, s 3\nss 10 – 16 amd No. 38, 2010, s 3\nss 22 – 23 amd No. 38, 2010, s 3\ns 34 amd No. 38, 2010, s 3\ns 37 amd No. 38, 2010, s 3\ns 39 amd No. 38, 2010, s 3; No. 5, 2022, s 99\ns 43 ins No. 20, 2003, s 6","sortOrder":0}],"analysis":{"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"},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The Act remains focused on its original purpose — providing a statutory framework for safe storage, handling and transport of dangerous goods in the Territory. Subsequent amendments and the regulatory scheme have mostly clarified enforcement tools, updated penalties and aligned the Act with national schemes (notably by excluding areas regulated under the Transport of Dangerous Goods by Road and Rail Act 2010 and the Work Health and Safety Act 2011 (s 4)). The practical scope is therefore more refined (carve-outs for national regimes, delegation of technical detail to Regulations and codes), but it has not grown substantially beyond its original safety-and-regulation intent. Changes are mainly coordination, delegation and detail-setting rather than an expansion into unrelated policy areas."},"complexity_factors":["Around 24 defined terms in the interpretation section (s 3) that establish key concepts (dangerous goods, dangerous situation, handling, person in charge, practicable, plant, etc.)","Multiple duty-holders and role-based obligations across Parts 3 and 4 (manufacturers, importers, suppliers, designers, installers, erectors, persons in charge, drivers, occupiers) creating overlapping responsibilities (ss 9, 11–15)","Several distinct enforcement pathways and remedies: prohibition notices, improvement notices, further notices, carrying-out-work powers, seizure, destruction, forfeiture, and criminal penalties (ss 16, 21–27, 35–36)","Differentiated penalty scales and sanctions for natural persons and bodies corporate, including daily penalties and imprisonment in some cases (e.g. s 9, s 22(8), s 23(2), s 34)","Extensive officer powers with sampling, entry, detention and information-gathering, plus protections for officers (ss 18–21)","Substantial delegation and discretion: Competent Authority may delegate powers (s 7), is subject to Ministerial directions (s 8), and Regulations may confer discretionary powers on prescribed persons (s 39(4))","Heavy reliance on subordinate instruments: the Regulations and codes of practice supply most operational detail (ss 37–39) and may incorporate external standards (ss 6(2), 37(2), 39(5))","Cross-references and carve-outs for national uniform legislation and other Commonwealth/NT Acts (s 4), creating conditional applicability and potential overlap","Procedural traps: requirement of Competent Authority consent before prosecution (s 29) and a short appeal window against notices (7 days) (s 28)","Multiple cost-recovery provisions with evidentiary certificates and joint-and-several liability for costs when the Territory performs remedial work (ss 21(3)–(4), 25(6)–(7), 26(3)–(5), 36(2)–(3))"],"plain_english_summary":"**What this law does (mechanics)\n\n- Establishes who is responsible for regulating dangerous goods in the Northern Territory (the ‘Competent Authority’) and gives that office powers to declare, classify and regulate substances or things that are dangerous (s 6).\n- Creates broad duties on anyone involved with dangerous goods — manufacturers, importers, suppliers, designers and installers of plant and containers, persons in charge of premises or vehicles, drivers and occupiers — to ensure goods are handled, stored, transported and used safely \"as far as practicable\" (ss 9–15, 11–14).\n- Gives enforcement powers to appointed officers to enter, inspect, detain vehicles, seize goods, take samples, require information and direct people at sites where dangerous goods are handled; it also allows police and fire officers to act in certain circumstances (ss 17–19).\n- Provides remedies short of prosecution: prohibition notices (stop work/use) and improvement notices (fix the problem), with further notices, entry powers to carry out work if required and mechanisms to recover the reasonable costs of that work from responsible persons (ss 22–27, 25–26).\n- Allows the Minister/Competent Authority to approve codes of practice, and gives the Regulations broad power to prescribe detail (licensing, classification, registration, labelling, vehicle and plant standards, fees, exemptions, penalties, etc.) (ss 37–39).\n- Sets criminal and regulatory penalties—different scales for natural persons and bodies corporate—and permits courts to order forfeiture, prohibition from handling dangerous goods and cost recovery (ss 9, 16, 34–36).\n- Limits the Act’s reach where national laws apply: it does not apply to radiation or radioactive material regulated by other Commonwealth/NT Acts, and it defers to national Acts on transport by road/rail and work health and safety where those Acts cover the activity (s 4).  \n\nWho is affected\n\n- Private businesses and individuals who manufacture, import, supply, handle, store, use, convey or transport substances or items declared or prescribed as dangerous goods (definitions and scope in ss 3, 6 and the Regulations).\n- Designers, manufacturers and installers of plant, containers, buildings and vehicles used with dangerous goods (ss 12–13).\n- Employers, managers, directors and occupiers of premises where dangerous goods are handled — the Act creates both direct duties and vicarious or corporate liability (ss 9, 32–33).\n- The Competent Authority and delegated officers, who exercise enforcement, licensing and regulatory powers (ss 6–8, 17–19).\n\nWhy it matters (official rationale and tested mechanics)\n\n- Officially the Act exists to provide for safe storage, handling and transport of certain dangerous goods. Mechanically, it does this by: (a) defining what counts as dangerous goods and allowing the Competent Authority to adopt external standards for that purpose (s 6); (b) placing duties on all persons involved in handling or supplying goods to manage risks and follow safe systems (ss 9, 11–15); (c) giving enforcement tools (inspection, notices, seizure and destruction) and penalties to ensure compliance (ss 16, 18–21, 22–26).\n\nTrade-offs, implementation risks and incentives (what the law makes people do and pay)\n\n- Who pays: businesses and persons in charge of dangerous goods bear the primary compliance costs — implementing safe systems, labelling, training, plant maintenance, licensing, and any corrective work ordered by notices. If the Competent Authority carries out emergency work or enforces remedial work, the Territory recovers those reasonable costs from the responsible persons (ss 21(3), 25(6), 26(3)–(4), 36(2)). Courts can also order forfeiture and cost recovery after conviction (s 35).\n- Who decides: the Competent Authority (and delegates) has substantial discretion — to declare/classify dangerous goods (s 6), approve codes of practice (s 37), give notices (ss 22, 24), and to initiate or withhold prosecutions (s 29). Regulations can further delegate discretionary powers to prescribed persons (s 39(4)).\n- Behavioural effects: the Act pushes firms to adopt formal risk-management systems (s 9(3)(c)) and to keep records, labelling and toxicological data (s 11(2)–(3); s 39(j), (k)). Directors and employers can be criminally liable for offences committed by their organisations unless they can show due diligence — which creates an incentive to supervise and to obtain written procedures and training (ss 32–33).\n- Compliance burden and costs: the Regulations (s 39) will contain detailed obligations (licensing, registration, tests, inspections, vehicle rules, fees). Those delegated details determine the practical cost and administrative burden for businesses; the Act itself creates the framework and penalties but leaves the specific operational rules to subordinate instruments.\n- Concentrated benefits and diffuse costs: the Competent Authority and public safety benefit from clear enforcement powers; businesses that sell compliance services (labelling, testing, consulting, licensing assistance) may see concentrated demand. The compliance costs are spread across many businesses and operators handling dangerous goods.\n- Risk of variable application: because the Act allows the Competent Authority to adopt external standards, approve site-specific codes of practice (s 37(5)–(8)) and to exercise wide discretion in notices and prosecutions (ss 6, 22, 24, 29), implementation can vary depending on administrative choices and delegated rules.\n- Interaction with national laws: the Act explicitly yields to national schemes for road/rail transport and workplace safety where those regimes operate (s 4). That reduces overlap but requires businesses to navigate both NT regulations and national instruments.\n\nConcrete legal levers and compliance checkpoints (quick reference)\n\n- Check whether your substance is declared or prescribed as dangerous (s 6 and the Regulations).\n- If you manufacture, import or supply dangerous goods: ensure correct classification, labelling, appropriate containers and provide toxicological/safety data on request (s 11).\n- If you design, install or operate plant/buildings/vehicles for dangerous goods: meet safety by design and maintenance duties (ss 12–14).\n- Expect inspections, powers to sample and seizure by officers; comply with improvement or prohibition notices promptly or appeal to the Local Court within 7 days (ss 18–19, 22–28).\n- Be aware that the Territory may recover costs for emergency or remedial work and that prosecutions require Competent Authority consent (ss 21, 25–26, 29).\n\nPrimary sections cited: definitions and scope (s 3–4), declaration/classification (s 6), general duties and offences (ss 9–16), officers and powers (ss 17–21), notices and remedial work (ss 22–27), appeals (s 28), prosecutions/time limits (ss 29–31), employer/director liability (ss 32–33), codes and regulations (ss 37–39)."},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":true,"description":"The original 1998 Act appears to have been a consolidation and replacement of earlier Dangerous Goods Acts from 1980 and 1983. However, the scope has significantly narrowed over time through amendments. Section 4 now excludes radioactive materials (2004 amendment), road/rail transport (2010 amendment), and work health and safety matters (2011 amendment). What began as a comprehensive dangerous goods regime has become a residual statute filling gaps left by newer national uniform legislation, effectively reducing its operational scope to storage and handling not covered by other regimes."},"complexity_factors":["47 defined terms in section 3, including nested definitions like 'handling' which lists 17 specific activities","Extensive cross-referencing between Parts, particularly between enforcement powers (Part 4) and notice provisions (Part 5)","Multiple overlapping duty holders with slightly different obligations (manufacturers vs importers vs suppliers vs erectors vs persons in charge)","Complex interaction with other legislation—section 4 creates a hierarchy of laws where this Act yields to radiation laws, transport laws, and WHS laws","Conditional enforcement powers requiring 'reasonable belief' thresholds that vary by officer type (appointed officers vs police/fire members)","Detailed procedural requirements for notices (content, service methods, appeal timelines) spanning sections 22-28","Dual penalty structures distinguishing between body corporates and natural persons with escalating penalties for death/serious harm","Incorporation by reference of external standards and codes of practice (section 6(2), section 37, section 39(5))","Transitional provisions preserving old licences, declarations, and certificates under the repealed 1980/1983 Acts"],"plain_english_summary":"The Dangerous Goods Act 1998 sets a Territory-wide legal framework for safely handling, storing and moving chemicals, flammables, explosives and other hazardous substances. It applies to manufacturers, suppliers, employers, transporters and site operators and gives inspectors powers to inspect, stop work and make unsafe goods safe.\n\nIt matters because it allocates duties across the supply chain, enables urgent enforcement to prevent spills, fires or exposures, and imposes substantial fines and personal liability for serious breaches."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/dangerous-goods-act-1998","history":"/api/acts/dangerous-goods-act-1998/history","analysis":"/api/acts/dangerous-goods-act-1998/analysis","conflicts":"/api/acts/dangerous-goods-act-1998/conflicts","importantCases":"/api/acts/dangerous-goods-act-1998/important-cases","documents":"/api/acts/dangerous-goods-act-1998/documents"}}