{"id":"tas:act-2005-052","name":"Dangerous Goods and Substances (Transitional and Consequential Provisions) Act 2005","slug":"dangerous-goods-and-substances-transitional-and-consequential-provisions-act-2005","collection":"act","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"52 of 2005","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":105551,"registerId":"tas-act-2005-052-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> This Act may be cited as the [Dangerous Goods and Substances (Transitional and Consequential Provisions) Act 2005](/view/html/inforce/2026-04-12/act-2005-052) .","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> This Act commences on the day on which the [Dangerous Substances (Safe Handling) Act 2005](/view/html/inforce/2026-04-12/act-2005-050) commences.","sortOrder":2},{"sectionNumber":"Part 2","sectionType":"part","heading":"Savings and Transitional","content":"# Part 2 Savings and Transitional","sortOrder":3},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation of Part","content":"### 3 Interpretation of Part\n\n> In this Part –\n> \n> > ***commencement day*** means the day on which the [Dangerous Substances (Safe Handling) Act 2005](/view/html/inforce/2026-04-12/act-2005-050) commences;\n> \n> > ***new legislative scheme*** means the scheme relating to dangerous goods and dangerous substances under the [Dangerous Substances (Safe Handling) Act 2005](/view/html/inforce/2026-04-12/act-2005-050) and [Dangerous Goods (Safe Transport) Act 1998](/view/html/inforce/2026-04-12/act-1998-006) ;\n> \n> > ***old legislative scheme*** means the legislative scheme relating to dangerous goods under the superseded Act;\n> \n> > ***relevant Act*** means –\n> > \n> > > > (a) this Act; or\n> > > \n> > > > (b) the [Dangerous Substances (Safe Handling) Act 2005](/view/html/inforce/2026-04-12/act-2005-050) ; or\n> > > \n> > > > (c) the [Dangerous Goods (Safe Transport) Act 1998](/view/html/inforce/2026-04-12/act-1998-006) ;\n> \n> > ***superseded Act*** means the [Dangerous Goods Act 1998](/view/html/inforce/2026-04-12/act-1998-006) as in force immediately before the commencement day.","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Savings and transitional regulations","content":"### 4 Savings and transitional regulations\n\n> > (1)  The Governor may make regulations of a savings and transitional nature consequent on the enactment of the [Dangerous Substances (Safe Handling) Act 2005](/view/html/inforce/2026-04-12/act-2005-050) and the [Dangerous Goods Amendment Act 2005](/view/html/inforce/2026-04-12/act-2005-051) to effect, and facilitate, the transition from the old legislative scheme to the new legislative scheme.\n> \n> > (2)  Without limiting the generality of [subsection (1)](#GS4@Gs1@EN) , regulations made under that subsection may –\n> > \n> > > > (a) be made so as to have effect in respect of either, or both, of the other relevant Acts; and\n> > > \n> > > > (b) provide for the preservation, continuation, variation or revocation of decisions or actions taken under the old legislative scheme; and\n> > > \n> > > > (c) provide for the preservation, continuation, variation or revocation of notices or other instruments given or issued under the old legislative scheme; and\n> > > \n> > > > (d) deal with any incidental or ancillary matters.\n> \n> > (3)  Regulations made under [subsection (1)](#GS4@Gs1@EN) may –\n> > \n> > > > (a) take effect on the commencement day or a later day as specified in the regulations, whether the day so specified is before, on or after the day on which the regulations are made; and\n> > > \n> > > > (b) be made so as to apply differently according to matters, limitations or restrictions, whether as to time, circumstance or otherwise, specified in the regulations; and\n> > > \n> > > > (c) authorise any matter to be from time to time determined, applied or regulated by –\n> > > > \n> > > > > > (i) the Secretary; or\n> > > > > \n> > > > > > (ii) an authorised officer for a relevant Act; and\n> > > \n> > > > (d) if they so provide, prevail over an inconsistent provision of any regulations made under the superseded Act.","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Certain regulations under superseded Act continue as regulations under new Act","content":"### 5 Certain regulations under superseded Act continue as regulations under new Act\n\n> > (1)  The [Dangerous Goods (General) Regulations 1998](/view/html/inforce/2026-04-12/sr-1998-163) and [Dangerous Goods (Fees) Regulations 1998](/view/html/inforce/2026-04-12/sr-1998-164) in force under the superseded Act immediately before the commencement day are taken, on that day, to be valid regulations made and in force under the [Dangerous Substances (Safe Handling) Act 2005](/view/html/inforce/2026-04-12/act-2005-050) and, consequently, may be amended or rescinded under that Act.\n> \n> > (2)  Nothing in [subsection (1)](#GS5@Gs1@EN) is to be taken as restricting the operation of [section 11 of the](/view/html/inforce/2026-04-12/act-1992-030#GS11@EN) [Subordinate Legislation Act 1992](/view/html/inforce/2026-04-12/act-1992-030) in respect of the regulations referred to in that subsection.","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Continuation of other regulations","content":"### 6 Continuation of other regulations\n\n> > (1)  For the avoidance of doubt, the [Dangerous Goods (Road and Rail Transport) Regulations 1998](/view/html/inforce/2026-04-12/sr-1998-162) in force under the superseded Act immediately before the commencement day continue as valid regulations under the [Dangerous Goods (Safe Transport) Act 1998](/view/html/inforce/2026-04-12/act-1998-006) and, consequently, may be amended or rescinded under that Act.\n> \n> > (2)  Nothing in [subsection (1)](#GS6@Gs1@EN) is to be taken as restricting the operation of [section 11 of the](/view/html/inforce/2026-04-12/act-1992-030#GS11@EN) [Subordinate Legislation Act 1992](/view/html/inforce/2026-04-12/act-1992-030) in respect of the regulations referred to in that subsection.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Preservation of relevant decisions, &c., of Competent Authorities","content":"### 7 Preservation of relevant decisions, &c., of Competent Authorities\n\n> > (1)  A decision, determination or delegation made by a Competent Authority under the superseded Act and having force and effect immediately before the commencement day continues in force and effect on and after that day, according to its terms, as a decision, determination or delegation of the Secretary under the [Dangerous Goods (Safe Transport) Act 1998](/view/html/inforce/2026-04-12/act-1998-006) .\n> \n> > (2)  However, [subsection (1)](#GS7@Gs1@EN) only applies if the decision, determination or delegation is relevant and translatable to the [Dangerous Goods (Safe Transport) Act 1998](/view/html/inforce/2026-04-12/act-1998-006) .\n> \n> > (3)  For the purposes of [subsection (2)](#GS7@Gs2@EN) , a decision, determination or delegation is relevant and translatable to the [Dangerous Goods (Safe Transport) Act 1998](/view/html/inforce/2026-04-12/act-1998-006) if a decision, determination or delegation in the same terms would be capable of being made, after the commencement day, under that Act.\n> \n> > (4)  Nothing in this section is to be taken as restricting the operation of [section 16 of the](/view/html/inforce/2026-04-12/act-1931-059#GS16@EN) [Acts Interpretation Act 1931](/view/html/inforce/2026-04-12/act-1931-059) in so far as that section is applicable to the transition from the old legislative scheme to the new legislative scheme.","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Extension of authorised officer appointments","content":"### 8 Extension of authorised officer appointments\n\n> A person who held an appointment under [section 10(1)](/view/html/inforce/2026-04-12/act-1998-006#GS10@Gs1@EN) of the superseded Act immediately before the commencement day is taken, on that day, to have been appointed by the Secretary as an authorised officer under [section 55(1)](/view/html/inforce/2026-04-12/act-2005-050#GS55@Gs1@EN) of the [Dangerous Substances (Safe Handling) Act 2005](/view/html/inforce/2026-04-12/act-2005-050) .","sortOrder":9},{"sectionNumber":"Part 3","sectionType":"part","heading":"Administration and Consequential","content":"# Part 3 Administration and Consequential","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Administration of Act","content":"### 9 Administration of Act\n\n> Until provision is made in relation to this Act by order under [section 4 of the](/view/html/inforce/2026-04-12/sr-1990-004#GS4@EN) [Administrative Arrangements Act 1990](/view/html/inforce/2026-04-12/sr-1990-004)  –\n> \n> > > (a) the administration of this Act is assigned to the Minister for Infrastructure, Energy and Resources; and\n> > \n> > > (b) the department responsible to that Minister in relation to the administration of this Act is the Department of Infrastructure, Energy and Resources.\n\n*\n\n**10.**   \n\n> See [Schedule 1](#JS1@EN) .\n\n*","sortOrder":11},{"sectionNumber":"10.","sectionType":"section","heading":null,"content":"### 10.\n\n> See [Schedule 1](#JS1@EN) .","sortOrder":12},{"sectionNumber":"11","sectionType":"section","heading":"Consequential amendments of regulations do not prevent their subsequent amendment","content":"### 11 Consequential amendments of regulations do not prevent their subsequent amendment\n\n> The amendment by this Act of a provision of any regulations does not prevent that or any other provision of those regulations from being amended or rescinded by a subsequent regulation.","sortOrder":13},{"sectionNumber":"SCHEDULE 1 - Consequential Ame","sectionType":"part","heading":"SCHEDULE 1 - Consequential Amendments","content":"# SCHEDULE 1 - Consequential Ame SCHEDULE 1 - Consequential Amendments\n\n[Section 10](#GS10@EN)","sortOrder":14}],"analysis":{"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the available text, there is no indication that the scope of this Act changed from its original intent. It appears to have fulfilled its narrow, defined purpose of managing the legislative transition to new dangerous goods laws in Tasmania, with no evidence of expansion beyond that housekeeping role."},"complexity_factors":["Transitional and consequential Acts are inherently technical, requiring cross-referencing with both the old and new principal legislation","The Act amends multiple other pieces of legislation simultaneously, requiring readers to trace changes across several laws","Limited substantive content was available for analysis — the actual operative provisions were not included in the supplied text, restricting full assessment","Transitional provisions can involve time-sensitive legal questions about when old rights and obligations ceased and new ones began","Low overall complexity because transitional Acts typically follow a standard, predictable structure with limited novel legal concepts"],"plain_english_summary":"This short housekeeping Act managed Tasmania’s switch from old dangerous‑goods laws to a new regime by preserving existing licences, approvals and actions, and updating other laws to refer to the new framework. It affected businesses, individuals and agencies involved in storing, transporting or handling dangerous goods, removing legal uncertainty during the changeover."},"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"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This legislation has not expanded beyond its original purpose. It was designed specifically as a transitional mechanism to support the 2005 dangerous substances reforms, and it remains tightly focused on that single function — preserving legal continuity during a statutory changeover."},"complexity_factors":["Only 4 defined terms in the interpretation section (commencement day, new legislative scheme, old legislative scheme, relevant Act, superseded Act)","Simple conditional logic limited to transitional scenarios (e.g., 'if relevant and translatable' in section 7)","Minimal cross-referencing — primarily links to three related Acts (1998 Transport Act, 2005 Safe Handling Act, and superseded 1998 Act)","Straightforward savings provisions without nested exceptions","Short length — approximately 11 operative sections plus a truncated Schedule 1","Single purpose legislation with clear temporal boundaries (focused entirely on transition from old to new scheme)"],"plain_english_summary":"This legislation is a **bridge between old and new safety laws** for dangerous goods and substances in Tasmania.\n\n**What it does:**\nWhen Tasmania introduced new workplace safety laws in 2005 (the *Dangerous Substances (Safe Handling) Act 2005*), this Act ensured nothing fell through the cracks during the switchover. It acts like a **transfer document** that:\n\n- **Keeps existing regulations alive** — Old rules about dangerous goods didn't disappear overnight; they continued under the new system\n- **Preserves decisions made under old laws** — Approvals, permits, and delegations issued by authorities under the old 1998 Act remained valid\n- **Transfers staff seamlessly** — Inspectors and authorised officers appointed under the old law automatically became officers under the new law\n- **Allows for transitional regulations** — The Governor can make special rules to handle any hiccups during the changeover\n\n**Who it affects:**\n- Businesses handling dangerous chemicals or substances (they don't need to reapply for permits)\n- Government inspectors and authorised officers (their jobs continue uninterrupted)\n- Anyone with existing approvals under the 1998 dangerous goods laws\n\n**Why it matters:**\nWithout this Act, the 2005 reforms would have created chaos. Companies might have suddenly found themselves operating without legal authority, inspectors might have lost their powers, and years of regulatory decisions could have been wiped clean. This Act ensures **legal continuity** — the new safety regime takes over smoothly without disrupting businesses or enforcement."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The Act does not alter the substantive regulatory scope of duties, offences or regulated activities; it preserves and translates existing decisions, regulations and appointments into the new legislative scheme and authorises transitional regulations to facilitate that change (see ss 4, 5, 6, 7, 8). Its purpose is continuity and administrative transition rather than expansion or contraction of regulatory coverage."},"complexity_factors":["Cross-references to multiple other Acts and instruments (Dangerous Substances (Safe Handling) Act 2005, Dangerous Goods (Safe Transport) Act 1998, Superseded Act) (s2, s3).","Broad, discretionary savings and transitional regulation‑making power conferred on the Governor (s4(1)) allowing detailed transitional rules and variations (s4(2)).","Regulations made under the power may have flexible commencement timing, differential application, and may authorise determinations by the Secretary or authorised officers (s4(3)).","Provision that certain existing regulations continue as regulations under the new Acts, preserving existing regulatory instruments and allowing later amendment (s5, s6).","A test of whether prior decisions are \"relevant and translatable\" before they continue under the new scheme—introduces interpretive judgment (s7(1)–(3)).","Automatic transfer/continuation of authorised officer appointments from the superseded Act to the new Act (s8), affecting enforcement personnel without reappointment processes.","Interim administrative assignment to a named Minister and department until administrative arrangements are made (s9), creating short-term governance certainty.","References to overarching interpretation and subordinate‑legislation controls (Acts Interpretation Act 1931, Subordinate Legislation Act 1992) which limit and interact with transitional powers (s5(2), s6(2), s7(4))."],"plain_english_summary":"This Act provides transitional and consequential rules to move from the old Dangerous Goods Act 1998 to a new split scheme for dangerous substances and dangerous-goods transport. It preserves existing regulations, decisions and authorised-officer appointments, allows the Governor to make savings and transitional regulations, and assigns interim administrative responsibility. It matters because it prevents regulatory gaps at commencement and keeps prior licences, notices and enforcement arrangements operating while the new laws take effect."}},"importantCases":[],"_links":{"self":"/api/acts/dangerous-goods-and-substances-transitional-and-consequential-provisions-act-2005","history":"/api/acts/dangerous-goods-and-substances-transitional-and-consequential-provisions-act-2005/history","analysis":"/api/acts/dangerous-goods-and-substances-transitional-and-consequential-provisions-act-2005/analysis","conflicts":"/api/acts/dangerous-goods-and-substances-transitional-and-consequential-provisions-act-2005/conflicts","importantCases":"/api/acts/dangerous-goods-and-substances-transitional-and-consequential-provisions-act-2005/important-cases","documents":"/api/acts/dangerous-goods-and-substances-transitional-and-consequential-provisions-act-2005/documents"}}