{"id":"dangerous-substances-act-1979","name":"Dangerous Substances Act 1979","slug":"dangerous-substances-act-1979","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":31888,"registerId":"sa-dangerous-substances-act-1979-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Dangerous Substances Act 1979","content":"South Australia\nDangerous Substances Act 1979\nAn Act to regulate the keeping, handling, transporting, conveyance, use and disposal, and the quality, of dangerous substances; and for other purposes.\n\nContents\nPart 1—Preliminary\n1\tShort title\n2\tInterpretation\n3\tAct binds Crown\n4\tNon-derogation\nPart 2—Administration\n5\tAppointment of Competent Authorities\n6\tDelegation\n7\tAppointment of authorised officers\n8\tIdentification cards\n9\tSecrecy\n10\tPerson acting without authority\nPart 3—Dangerous substances\nDivision 1—General\n11\tGeneral duty\n12\tDuty in relation to plant\nDivision 2—Licences to keep dangerous substances\n13\tPrescribed dangerous substance for the purposes of this Division\n14\tOffence to keep dangerous substances without a licence\n15\tLicence to keep dangerous substances\n16\tTerm of licences\nDivision 3—Licences to convey dangerous substances\n17\tPrescribed dangerous substance for the purposes of this Division\n18\tOffence to convey dangerous substances without a licence\n19\tLicence to convey dangerous substances\n20\tTerm of licences\nDivision 4—Licences generally\n21\tGeneral ground for not granting or renewing licences\n22\tSurrender, suspension and cancellation of licences\nPart 4—Dangerous goods—special provisions\n23\tDangerous goods—regulations\n24\tSpecific offences\n25\tProhibiting a person from involvement in the dangerous goods transport industry\n26\tGuidelines\nPart 4A—LPG cylinder labelling—special provisions\n26A\tLPG cylinder labelling—special provisions\nPart 5—Inspections etc\n27\tPowers of authorised officers\n28\tIssue of warrants\n29\tProvisions relating to seizure\n30\tOffence to hinder etc authorised officers\n31\tSelf-incrimination\n32\tOffences by authorised officers etc\nPart 6—Notices and emergencies\n33\tNotices\n34\tAction on default\n35\tAction in emergency situations\nPart 7—Miscellaneous\n36\tExemptions\n37\tReviews\n38\tEvidentiary provisions\n39\tApproved codes of practice\n40\tUse of codes of practice in proceedings\n41\tOffences by bodies corporate\n42\tContinuing offences\n43\tForfeiture of dangerous substance upon conviction\n44\tRecovery of costs from convicted person\n45\tProceedings for offences\n46\tCost recovery\n48\tAssistance in emergencies or accidents\n49\tProhibitions\n50\tRegulations\n51\tApplication orders and emergency orders\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\nPart 1—Preliminary\n1—Short title\nThis Act may be cited as the Dangerous Substances Act 1979.\n2—Interpretation\n\t(1)\tIn this Act, unless the contrary intention appears—\nauthorised officer means a person appointed as an authorised officer under Part 2;\nCompetent Authority means a person, officer or authority appointed as a Competent Authority under Part 2;\nconveyance in relation to a dangerous substance means movement of the dangerous substance whether by a craft, pipeline or other means, other than by a vehicle, and convey has a corresponding meaning;\ncraft means—\n\t(a)\tan aircraft or vessel; or\n\t(b)\tany other craft brought within the ambit of this definition by the regulations;\ndangerous goods means—\n\t(a)\ta substance or article declared by the regulations to be dangerous goods; or\n\t(b)\ta substance or article determined by a Competent Authority in accordance with the regulations to be dangerous goods;\ndangerous situation means a situation that is creating or likely to create—\n\t(a)\timminent risk to the health or safety of a person, or the safety of a person's property; or\n\t(b)\timminent risk of environmental harm;\ndangerous substance means—\n\t(a)\tdangerous goods; or\n\t(b)\tany other substance or article that is toxic, corrosive, flammable or otherwise dangerous and declared by the regulations to be a dangerous substance;\nthe Government Analyst means the person appointed by the Governor to be the Government Analyst or any person for the time being acting in that office;\nplant includes—\n\t(a)\tany machine, engine, equipment, container or device;\n\t(b)\tany component, fitting, pipe or accessory used in or in connection with any machine, engine, equipment, container or device;\npremises means any land or any building or structure whether fixed or moveable;\nsubstance means a solid, liquid or gas or any mixture of solids, liquids or gases;\ntransport in relation to dangerous goods encompasses any form of transport of dangerous goods by vehicle and includes—\n\t(a)\tthe packing, loading and unloading of the goods, and the transfer of the goods to or from a vehicle; and\n\t(b)\tthe marking of packages and unit loads containing dangerous goods, and the placarding of containers and vehicles in which dangerous goods are transported; and\n\t(c)\tother matters incidental to their transport;\nTribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013;\nunit load has the meaning assigned by regulations under this Act;\nvehicle means a vehicle that is used or capable of being used to transport any substance or article on land and includes—\n\t(a)\ta trailer or caravan; and\n\t(b)\ta locomotive, carriage, wagon or other vehicle that operates on a railway track; and\n\t(c)\tanything attached to a vehicle,\nbut does not include a vehicle excluded from the ambit of this definition by the regulations.\n\t(2)\tThe circumstances where a person may be involved in the transport of dangerous goods include—\n\t(a)\tby importing, or arranging for the importation of, dangerous goods into Australia; and\n\t(b)\tby marking packages and unit loads containing dangerous goods for transport, and placarding containers and vehicles in which dangerous goods are transported; and\n\t(c)\tby consigning dangerous goods for transport; and\n\t(d)\tby loading dangerous goods into or onto a vehicle, or into a container that is to be put on a vehicle, for transport or unloading dangerous goods that have been transported; and\n\t(e)\tby marshalling vehicles and separating dangerous goods; and\n\t(f)\tby undertaking, or being responsible for, otherwise than as an employee or subcontractor, the transport of dangerous goods; and\n\t(g)\tby providing emergency information in relation to the transport of dangerous goods; and\n\t(h)\tby driving a vehicle carrying or transporting dangerous goods; and\n\t(i)\tby being the consignee of dangerous goods that are to be transported; and\n\t(j)\tby being involved as a director, secretary or manager of a body corporate, or other person who takes part in the management of a body corporate, that takes part in an activity referred to above.\n\t(3)\tThe regulations may provide that the Acts Interpretation Act 1901 of the Commonwealth applies to the interpretation of a regulation or regulations, or a regulation, code, standard, rule or other document applied or adopted by the regulations, subject to any modification or exclusion prescribed by the regulations (and if a regulation is made under this subsection, then the Acts Interpretation Act 1915 does not apply to the interpretation of the relevant regulation, code, standard, rule or other document).\n3—Act binds Crown\nThis Act binds the Crown in right of the State and also, to the extent declared by the regulations (and so far as the legislative power of the State extends) the Crown in all its other capacities.\n4—Non-derogation\n\t(1)\tThe provisions of this Act are in addition to and do not derogate from the provisions of another Act.\n\t(2)\tThe provisions of this Act do not limit or affect any civil remedy at law or in equity.\nPart 2—Administration\n5—Appointment of Competent Authorities\n\t(1)\tThe Minister may, by notice in the Gazette—\n\t(a)\tappoint a person, officer or authority as a Competent Authority under this Act;\n\t(b)\trevoke an earlier appointment under this section.\n\t(2)\tThe appointment of an officer as a Competent Authority extends to a person who may be acting in the position of that officer while the officer is absent from the duties of office.\n\t(3)\tA Competent Authority has all the powers of an authorised officer under this Act.\n6—Delegation\n\t(1)\tThe Minister or a Competent Authority may delegate a power or function vested in or conferred on the Minister or Competent Authority (as the case may be) under this Act—\n\t(a)\tto a particular person; or\n\t(b)\tto the person for the time being occupying a particular office or position.\n\t(2)\tA power or function delegated under this section may, if the instrument of delegation so provides, be further delegated.\n\t(3)\tA delegation—\n\t(a)\tmay be absolute or conditional; and\n\t(b)\tdoes not derogate from the power of the delegator to act in a matter; and\n\t(c)\tis revocable at will by the delegator.\n\t(4)\tIn any legal proceedings an apparently genuine certificate, purportedly signed by the Minister or a Competent Authority, containing particulars of a delegation under this section, will, in the absence of proof to the contrary, be accepted as proof that the delegation was made in accordance with the particulars.\n7—Appointment of authorised officers\n\t(1)\tThe Minister may appoint persons, or classes of persons, to be authorised officers for the purposes of this Act.\n\t(2)\tAn appointment under subsection (1) must be notified in the Gazette.\n\t(3)\tAn appointment may be made subject to conditions specified—\n\t(a)\tin the instrument of appointment; or\n\t(b)\tin the Gazette.\n\t(4)\tThe Minister may, at any time, revoke an appointment or vary, revoke or add a condition of appointment.\n\t(5)\tAll members of the police force are authorised officers for the purposes of this Act.\n8—Identification cards\n\t(1)\tAn authorised officer, other than a member of the police force, must be issued with an identification card that contains the prescribed details.\n\t(2)\tAn authorised officer who is not a member of the police force must carry his or her card while carrying out duties under this Act.\n\t(3)\tAn authorised officer must, at the request of a person in relation to whom the authorised officer intends to exercise any powers under this Act—\n\t(a)\tin the case of an authorised officer who is a member of the police force—produce his or her police identification card;\n\t(b)\tin the case of an authorised officer who is not a member of the police force—produce his or her identification card under this section,\nfor inspection by the person.\n\t(4)\tA person who ceases to be an authorised officer (other than as a member of the police force) must immediately return his or her identification card to a Competent Authority.\n9—Secrecy\nA person who is or has been engaged in an office or position connected with the administration of this Act must not disclose information obtained by virtue of that office or position except—\n\t(a)\twith the consent of the person from whom the information was obtained or to whom the information relates; or\n\t(b)\tin connection with the administration, operation or enforcement of this or another Act (including an Act in force in another State or a Territory that corresponds to this Act); or\n\t(c)\tfor the purpose of any legal proceedings arising out of the administration, operation or enforcement of this or another Act (including an Act in force in another State or a Territory that corresponds to this Act); or\n\t(d)\tin accordance with the regulations or with guidelines approved by the Minister.\nMaximum penalty: $10 000.\n10—Person acting without authority\nA person must not falsely represent, by words or conduct, that the person is engaged in or associated with the administration of this Act.\nMaximum penalty: $10 000.\nPart 3—Dangerous substances\nDivision 1—General\n11—General duty\nA person must, in keeping, handling, conveying, using or disposing of a dangerous substance, or in transporting dangerous goods, take such precautions and exercise such care as is reasonable in the circumstances in order to—\n\t(a)\tavoid endangering the health or safety of any person (including himself or herself), or the safety of property; and\n\t(b)\tprevent the risk of environmental harm.\nMaximum penalty: \n\t(a)\tunless paragraph (b) applies—\n\t(i)\tin the case of a body corporate—$250 000;\n\t(ii)\tin any other case—$50 000 or imprisonment for 2 years, or both;\n\t(b)\tin a case involving an offence that results in death or serious injury to a person—\n\t(i)\tin the case of a body corporate—$500 000;\n\t(ii)\tin any other case—$100 000 or imprisonment for 4 years or both.\n12—Duty in relation to plant\n\t(1)\tThis section applies to any plant that is used, or that is reasonably expected to be used, in connection with any dangerous substance.\n\t(2)\tA person who is in charge of any plant to which this section applies must—\n\t(a)\ttake such precautions and exercise such care as is reasonable in the circumstances in order to ensure that the plant is in a safe condition whenever it is used in connection with a dangerous substance; and\n\t(b)\tensure that the plant is in a safe condition when it is not in use.\n\t(3)\tA person who uses any plant to which this section applies must—\n\t(a)\tensure that the plant is in a safe condition; and\n\t(b)\ttake such precautions and exercise such care as is reasonable in the circumstances in order to avoid endangering the health or safety of any other person, or the safety of any other person's property (whether during the use of that plant, or as a result of the use of that plant); and\n\t(c)\tensure that the plant is left in a safe condition after use.\n\t(4)\tA person who performs, or supervises the performance of, any work on, or in relation to, plant to which this section applies must take such precautions and exercise such care as is reasonable in the circumstances in order to avoid endangering the health or safety of any person (including himself or herself), or the safety of any other person's property (whether during the performance of that work, or as a result of the performance of that work).\n\t(5)\tA person must not misuse or damage any plant to which this section applies.\n\t(6)\tA person who contravenes or fails to comply with a provision of this section is guilty of an offence.\nMaximum penalty: \nIn the case of a body corporate—$250 000.\nIn any other case—$50 000 or imprisonment for 2 years, or both.\nDivision 2—Licences to keep dangerous substances\n13—Prescribed dangerous substance for the purposes of this Division\nIn this Division—\nprescribed dangerous substance means a dangerous substance for the time being declared by regulation to be a prescribed dangerous substance for the purposes of this Division.\n14—Offence to keep dangerous substances without a licence\n\t(1)\tA person must not keep a prescribed dangerous substance in any premises unless the person is the holder of a licence under this Division.\nMaximum penalty: \nIn the case of a body corporate—$50 000.\nIn any other case—$10 000 or imprisonment for 1 year.\n\t(2)\tThe regulations may—\n\t(a)\tprescribe cases or circumstances in relation to which this Division does not apply;\n\t(b)\texempt (either absolutely or subject to conditions or limitations) a specified person or class of persons from the requirement to be licensed under this Division.\n15—Licence to keep dangerous substances\n\t(1)\tA Competent Authority may, subject to this Act, in his or her discretion, on application in the prescribed form and payment of the prescribed fee, grant a licence to any person to keep any prescribed dangerous substance in any premises.\n\t(2)\tA licence granted under this section is subject to such conditions relating to—\n\t(a)\tthe prescribed dangerous substance that may be kept; or\n\t(b)\tits keeping; or\n\t(c)\tthe premises in which it may be kept; or\n\t(d)\tany other matter,\nas a Competent Authority may specify by notice in writing given to the holder of the licence.\n\t(3)\tA Competent Authority may, by notice in writing given to the holder of a licence under this section, add to, vary or revoke any conditions of the licence.\n\t(4)\tThe holder of a licence under this section who breaches, or fails to comply with, a condition of the licence is guilty of an offence.\nMaximum penalty: $10 000.\n\t(5)\tA Competent Authority may grant a licence under this section in respect of premises notwithstanding that the premises do not comply with the regulations, provided that—\n\t(a)\ta Competent Authority is satisfied that the keeping of the prescribed dangerous substance in the premises would not immediately endanger the health or safety of any person, or the safety of any person's property; and\n\t(b)\ta Competent Authority in granting the licence imposes conditions designed to ensure compliance with the regulations within a specified period.\n16—Term of licences\n\t(1)\tA licence granted under this Division will, subject to this Act, remain in force for such term as a Competent Authority may specify in the licence.\n\t(2)\tA Competent Authority may, subject to this Act, in his or her discretion, on application made in the prescribed manner and form and payment of the prescribed fee, renew a licence granted under this Division.\n\t(3)\tA licence renewed under this section will, subject to this Act, remain in force for such term (being not less than one year) as a Competent Authority may specify in the licence.\nDivision 3—Licences to convey dangerous substances\n17—Prescribed dangerous substance for the purposes of this Division\nIn this Division—\nprescribed dangerous substance means a dangerous substance for the time being declared by regulation to be a prescribed dangerous substance for the purposes of this Division.\n18—Offence to convey dangerous substances without a licence\n\t(1)\tA person must not convey any prescribed dangerous substance unless the person is the holder of a licence under this Division.\nMaximum penalty: \nIn the case of a body corporate—$50 000.\nIn any other case—$10 000 or imprisonment for 1 year.\n\t(2)\tThe regulations may—\n\t(a)\tprescribe cases or circumstances in relation to which this Division does not apply;\n\t(b)\texempt (either absolutely or subject to conditions or limitations) a specified person or class of persons from the requirement to be licensed under this Division.\n19—Licence to convey dangerous substances\n\t(1)\tA Competent Authority may, subject to this Act, in his or her discretion, on application in the prescribed form and payment of the prescribed fee, grant a licence to any person to convey any prescribed dangerous substance.\n\t(2)\tA licence granted under this section is subject to such conditions relating to—\n\t(a)\tthe prescribed dangerous substance that may be conveyed; or\n\t(b)\tits conveyance; or\n\t(c)\tany other matter,\nas a Competent Authority may specify by notice in writing given to the holder of the licence.\n\t(3)\tA Competent Authority may, by notice in writing given to the holder of a licence under this section, add to, vary or revoke any conditions of the licence.\n\t(4)\tThe holder of a licence under this section who breaches, or fails to comply with, a condition of the licence is guilty of an offence.\nMaximum penalty: $10 000.\n20—Term of licences\n\t(1)\tA licence granted under this Division will, subject to this Act, remain in force for such term as a Competent Authority may specify in the licence.\n\t(2)\tA Competent Authority may, subject to this Act, in his or her discretion, on application made in the prescribed manner and form and payment of the prescribed fee, renew a licence granted under this Division.\n\t(3)\tA licence renewed under this section will, subject to this Act, remain in force for such term as a Competent Authority may specify in the licence.\nDivision 4—Licences generally\n21—General ground for not granting or renewing licences\nA Competent Authority must not grant or renew a licence under this Part if he or she is satisfied that it is not in the interests of public safety so to do.\n22—Surrender, suspension and cancellation of licences\n\t(1)\tA person holding a licence under this Part may surrender the licence.\n\t(2)\tA Competent Authority may suspend, or cancel, a licence under this Part if he or she is satisfied—\n\t(a)\tthat the grant or a renewal of the licence was obtained improperly; or\n\t(b)\tthat the holder of the licence has been convicted of an offence against this Act; or\n\t(c)\tin the case of a licence to keep a dangerous substance in any premises, that the premises do not comply with the prescribed requirements; or\n\t(d)\tthat the holder of the licence has breached, or failed to comply with, a condition of the licence.\nPart 4—Dangerous goods—special provisions\n23—Dangerous goods—regulations\nThe regulations may make provision for or in relation to any of the following matters:\n\t(a)\tthe classification of dangerous goods according to class, type or category and methods for assigning dangerous goods to those classes, types or categories;\n\t(b)\tthe determination by a Competent Authority of which goods are dangerous goods or dangerous goods of a particular class, type or category, or are too dangerous to be transported, or too dangerous to be transported in bulk (except under a specific authority or under another Act);\n\t(c)\tthe determination by a Competent Authority of which goods are incompatible with dangerous goods;\n\t(d)\tthe analysis and testing of dangerous goods;\n\t(e)\tgoods too dangerous to be transported, or too dangerous to be transported in bulk (except under a specific authority or under another Act);\n\t(f)\tthe identification and marking of dangerous goods, packages, unit loads or containers of dangerous goods, and vehicles used or to be used for the transport of dangerous goods;\n\t(g)\tpackaging and containers used in the transport of dangerous goods;\n\t(h)\tthe manufacture of vehicles and containers for use in the transport of dangerous goods;\n\t(i)\tvoluntary accreditation schemes, including privileges to be accorded or sanctions to be imposed under the schemes and the cancellation or suspension of the schemes, relating to the transport of dangerous goods, or particular aspects of the transport of dangerous goods;\n\t(j)\tthe mandatory accreditation of people involved in the transport of dangerous goods, or particular aspects of the transport of dangerous goods;\n\t(k)\tthe licensing of—\n\t(i)\tvehicles and drivers for the purposes of the transport of dangerous goods; and\n\t(ii)\tpeople responsible for the transport of dangerous goods or for vehicles used in the transport of dangerous goods;\n\t(l)\tthe loading of dangerous goods for, and the unloading of dangerous goods after, their transport;\n\t(m)\tthe determination by a Competent Authority of routes along which, the areas in which, the times during which and the vehicles by which dangerous goods may or may not be transported;\n\t(n)\tprocedures for the transport of dangerous goods, including, but not limited to—\n\t(i)\tthe quantities and circumstances in which dangerous goods, or particular types of dangerous goods, may be transported; and\n\t(ii)\tsafety procedures and equipment;\n\t(o)\tthe approval by a Competent Authority of—\n\t(i)\tpackages, containers, equipment and other items used in relation to the transport of dangerous goods; and\n\t(ii)\tfacilities for and methods of testing or using packages, containers, equipment and other items used, and processes carried out, in relation to the transport of dangerous goods;\n\t(p)\tdocuments required to be prepared or kept by people involved in the transport of dangerous goods and the approval by a Competent Authority of alternative documentation, and the provision of information with respect to the transport of dangerous goods;\n\t(q)\tinsurance or indemnity requirements in respect of the transport of dangerous goods;\n\t(r)\tthe duties and obligations of people involved in the transport of dangerous goods;\n\t(s)\tthe training and qualifications required of people involved in, and the approval of training courses and qualifications relating to involvement in, the transport of dangerous goods;\n\t(t)\tobligations arising, and procedures to be followed, in the event of a dangerous situation in relation to the transport of dangerous goods;\n\t(u)\tobligations of passengers in respect of transport of dangerous goods;\n\t(v)\tthe recognition of laws of other jurisdictions relating to the transport of dangerous goods and of things done under those laws, and the giving effect to those things.\n24—Specific offences\n\t(1)\tA person must not transport goods that the regulations identify as being too dangerous to transport.\nMaximum penalty: \nIn the case of a body corporate—$250 000.\nIn any other case—$50 000 or imprisonment for 2 years, or both.\n\t(2)\tA person must not use a vehicle to transport dangerous goods (other than as the driver of the vehicle) if—\n\t(a)\tthe regulations require the vehicle to be licensed to transport the goods; and\n\t(b)\tthe vehicle is not licensed under the regulations.\nMaximum penalty: \nIn the case of a body corporate—$250 000.\nIn any other case—$50 000 or imprisonment for 2 years, or both.\n\t(3)\tA person must not employ, engage or permit another person to drive a vehicle transporting dangerous goods if the other person is required by the regulations to be licensed to drive the vehicle and is not so licensed.\nMaximum penalty: \nIn the case of a body corporate—$250 000.\nIn any other case—$50 000 or imprisonment for 2 years, or both.\n\t(4)\tA person must not drive a vehicle transporting dangerous goods if—\n\t(a)\tthe regulations require the vehicle to be licensed to transport the goods; and\n\t(b)\tthe vehicle is not licensed under the regulations.\nMaximum penalty: $10 000.\n\t(5)\tA person who is required by the regulations to be accredited to be involved in the transport of dangerous goods or a particular aspect of the transport of dangerous goods must not be so involved without being so accredited.\nMaximum penalty: \nIn the case of a body corporate—$250 000.\nIn any other case—$50 000 or imprisonment for 2 years, or both.\n\t(6)\tA person must not drive a vehicle transporting dangerous goods if—\n\t(a)\tthe regulations require the person to be licensed to drive the vehicle; and\n\t(b)\tthe person is not licensed under the regulations.\nMaximum penalty: $10 000.\n25—Prohibiting a person from involvement in the dangerous goods transport industry\n\t(1)\tIf a person is convicted of an offence involving an aspect of the transport of dangerous goods, a court may, after taking into account the matters referred to in subsection (2) and other matters considered relevant by the court, in addition to imposing any other penalty, order that the person be prohibited, for a specified period, to the extent specified by the court, from involvement in the transport of dangerous goods.\n\t(2)\tThe matters to be taken into account by a court under subsection (1) are—\n\t(a)\tthe person's record in the transport of goods; and\n\t(b)\tany prior convictions of the person relating to dangerous goods; and\n\t(c)\tthe circumstances surrounding the commission of the offence for which the person is being sentenced.\n\t(3)\tA person who contravenes an order under this section is guilty of an offence.\nMaximum penalty: \nIn the case of a body corporate—$250 000.\nIn any other case—$50 000 or imprisonment for two years, or both.\n26—Guidelines\n\t(1)\tFor the purposes of this section, an approved guideline is a guideline, code of practice or other document that is approved by the Ministerial Council for Road Transport for the purpose of providing practical guidance to people engaged in the transport of dangerous goods and that is recognised for the purposes of this section by the Minister by notice in the Gazette.\n\t(2)\tIn proceedings for an offence against this Act relating to the transport of dangerous goods, it is a defence to prove that the defendant acted in accordance with the provisions of an approved guideline specifying a means of complying with the provision the defendant is alleged to have contravened.\nPart 4A—LPG cylinder labelling—special provisions\n26A—LPG cylinder labelling—special provisions\n\t(1)\tA person must not sell or otherwise supply liquefied petroleum gas to another person in the course of retail trade unless the cylinder in which the gas is sold or supplied, or to which the gas is transferred at the point of sale or supply, is labelled in accordance with the requirements of this section.\nMaximum penalty: \n\t(a)\tin the case of a body corporate—$50 000;\n\t(b)\tin any other case—$10 000 or imprisonment for 1 year.\n\t(2)\tFor the purposes of this section, a cylinder in which gas is sold or supplied, or to which gas is transferred, must have a label with the following wording affixed to the body of the cylinder:\nIntentional misuse by deliberate concentrated inhalation may cause injury or death.\n\t(3)\tEach side of a label under subsection (2) must be at least 100 millimetres in length except in the case of a cylinder which because of its size can bear only a smaller label, in which case each side of the label may be less than 100 millimetres in length, but in no case may any side of the label be less than 20 millimetres in length.\n\t(4)\tThe colours and lettering used on a label under subsection (1) must be in accordance with—\n\t(a)\tAS 2700—2011 Colour standards for general purposes and AS 1319—1994 Safety signs for the occupational environment; or\n\t(b)\tAS 4484 Gas cylinders for Industrial, Scientific, Medical and Refrigerant gas labelling and colour coding.\n\t(5)\tThis section is in addition to and does not derogate from any other provision of this Act or a provision of the regulations that may apply in respect of liquefied petroleum gas or the labelling of cylinders containing liquefied petroleum gas.\n\t(6)\tThis section does not apply in respect of the sale or supply of a cylinder that—\n\t(a)\thas a water capacity of less than 500 ml and is designed as a cartridge to be used in or as part of a camp stove; or\n\t(b)\thas a water capacity of more than 25 L.\n\t(7)\tIn this section—\nliquefied petroleum gas means a liquid that is a mixture of hydrocarbons, basically consisting of butane or butenes, propane or propene, or any mixture of them, or 1 of them.\nPart 5—Inspections etc\n27—Powers of authorised officers\n\t(1)\tSubject to this Part, an authorised officer may—\n\t(a)\tenter, inspect and search any place or vehicle, and open any container or other thing, for any reasonable purpose connected with the administration, operation or enforcement of this Act;\n\t(b)\twith the authority of a warrant issued under this Part or in circumstances in which the authorised officer reasonably believes that immediate action is required, use reasonable force to break into or open any part of, or anything in or on, any place or vehicle;\n\t(c)\tgive directions with respect to the stopping or movement of a vehicle as reasonably required in connection with the administration, operation or enforcement of this Act;\n\t(d)\trequire a vehicle to be presented for inspection at a place and time specified by the authorised officer;\n\t(e)\ttake, or require a person to take and provide, samples of any substance or thing from any place or vehicle for analysis as reasonably required in connection with the administration, operation or enforcement of this Act;\n\t(f)\trequire any person to produce any documents, including a written record that reproduces in an understandable form information stored by computer, microfilm or other process, as reasonably required in connection with the administration, operation or enforcement of this Act;\n\t(g)\texamine, copy or take extracts from any documents or information so produced or require a person to provide a copy of any such document or information;\n\t(h)\ttake photographs, films, audio, video or other recordings as reasonably required in connection with the administration, operation or enforcement of this Act;\n\t(i)\texamine or test any substance, sample, plant, equipment, article, vehicle or other thing for the purpose of determining whether a provision of this Act is being or has been complied with, or cause or require it to be so examined or tested, or seize it or require its production for such examination or testing;\n\t(j)\tseize and retain, or issue a seizure order in respect of, anything that the authorised officer reasonably suspects has been used in, or may constitute evidence of, a contravention of this Act;\n\t(k)\trequire a person who the authorised officer reasonably suspects has committed, is committing or is about to commit, a contravention of this Act to state the person's full name and usual place of residence and to produce evidence of the person's identity;\n\t(l)\trequire a person who the authorised officer reasonably suspects has knowledge of matters in respect of which information is reasonably required for the administration, operation or enforcement of this Act to answer questions in relation to those matters;\n\t(m)\trequire a person holding or required to hold a licence, accreditation or permit to produce it for inspection;\n\t(n)\tgive any directions reasonably required in connection with the exercise of a power conferred by any of the paragraphs above or otherwise in connection with the administration, operation or enforcement of this Act;\n\t(o)\texercise other prescribed powers.\n\t(2)\tIf—\n\t(a)\ta person whose native language is not English is suspected of having committed an offence against this Act; and\n\t(b)\tthe person is not reasonably fluent in English,\nthe following provisions apply:\n\t(c)\tthe person is entitled to be assisted by an interpreter during questioning conducted by an authorised officer in the course of an investigation of the suspected offence;\n\t(d)\tif it appears that the person may be entitled to be assisted by an interpreter, an authorised officer must not proceed with any questioning, or further questioning, as part of the investigation until the person has been informed of the right to an interpreter;\n\t(e)\tif the person requests the assistance of an interpreter, an authorised officer must not proceed with any questioning, or further questioning, until an interpreter is present.\n\t(3)\tSubsection (2) does not apply to the extent that an authorised officer requires information necessary to deal immediately with a dangerous situation.\n\t(4)\tIn the exercise of powers under this Act an authorised officer may be assisted by such persons as he or she considers necessary in the circumstances.\n\t(5)\tAn authorised officer may require an occupier of a place or a person apparently in charge of a substance, plant, equipment, article, vehicle or other thing to give to the authorised officer or a person assisting the authorised officer such assistance as is reasonably required by the authorised officer for the effective exercise of powers conferred by this Act.\n28—Issue of warrants\n\t(1)\tIf, on the application of an authorised officer, a magistrate is satisfied that there are reasonable grounds to believe—\n\t(a)\tthat a contravention of this Act has been, is being, or is about to be, committed in or on a place or vehicle; or\n\t(b)\tthat something may be found in or on a place or vehicle that has been used in, or constitutes evidence of, a contravention of this Act; or\n\t(c)\tthat access is otherwise reasonably required to a place or vehicle in connection with the administration, operation or enforcement of this Act,\nthe magistrate may issue a warrant in respect of the place or vehicle authorising an authorised officer, with such assistants as he or she consider necessary, to use reasonable force to break into or open any part of, or anything in or on, the place or vehicle as specified in the warrant.\n\t(2)\tAn application for the issue of a warrant may be made either personally or by facsimile or telephone.\n\t(3)\tThe grounds of an application for a warrant must be verified by affidavit.\n\t(4)\tAn application for the issue of a warrant may not be made by facsimile or telephone unless in the opinion of the applicant a warrant is urgently required and there is insufficient time to make the application personally.\n\t(5)\tIf an application for the issue of a warrant is made by facsimile, the following provisions apply:\n\t(a)\tthe application must be in a form approved by the Chief Magistrate and be accompanied (through facsimile transmission) by an affidavit made by the applicant verifying the facts referred to in the application;\n\t(b)\tthe applicant must be available to speak to the magistrate by telephone;\n\t(c)\tthe magistrate is entitled to assume, without further inquiry, that the applicant is an authorised officer and that a person who identifies himself or herself as the applicant during a telephone conversation with the magistrate is indeed the applicant;\n\t(d)\tthe magistrate may, on being satisfied that there are sufficient grounds for the issue of a warrant (relying on the application and, if the magistrate thinks it necessary to speak to the applicant, one or more telephone conversations with the applicant), make out and sign a warrant, noting on the warrant the facts on which he or she relies as grounds for the issue of the warrant;\n\t(e)\tthe warrant will be taken to have been issued, and will come into force, when signed by the magistrate;\n\t(f)\tthe magistrate must inform the applicant of the terms of the warrant (and may do this by telephone).\n\t(6)\tIf an application for the issue of a warrant is made by telephone, the following provisions apply:\n\t(a)\tthe applicant must inform the magistrate of his or her name and identify himself or herself as an authorised officer, and the magistrate, on receiving that information, is entitled to assume, without further inquiry, that the applicant is an authorised officer;\n\t(b)\tthe applicant must inform the magistrate of the grounds on which the issue of the warrant is sought;\n\t(c)\tif it appears to the magistrate from the information furnished by the applicant that there are proper grounds for the issue of a warrant, the magistrate must inform the applicant of the facts on which he or she relies as grounds for the issue of the warrant, and must not proceed to issue the warrant unless the applicant undertakes to make an affidavit verifying those facts;\n\t(d)\tif the applicant gives such an undertaking, the magistrate may then make out and sign a warrant, noting on the warrant the facts on which he or she relies as grounds for the issue of the warrant;\n\t(e)\tthe warrant will be taken to have been issued, and will come into force, when signed by the magistrate;\n\t(f)\tthe magistrate must inform the applicant of the terms of the warrant;\n\t(g)\tthe applicant must, as soon as practicable after the issue of the warrant, forward to the magistrate an affidavit verifying the facts referred to in paragraph (c).\n\t(7)\tA magistrate by whom a warrant is issued must file the warrant, or a copy of the warrant, and the affidavit (or a facsimile copy of the affidavit) verifying the grounds on which the application for the warrant was made, in the Magistrates Court.\n\t(8)\tA warrant, if not executed at the expiration of one month from the date of its issue, then expires.\n29—Provisions relating to seizure\n\t(1)\tA seizure order under this Part—\n\t(a)\tmust be in the form of a written notice served on the owner or person in control, or apparently in control, of the thing to which the order relates; and\n\t(b)\tmay be varied or revoked by further such written notice.\n\t(2)\tIf a seizure order is issued under this Part, a person who removes or interferes with the thing to which the order relates without the approval of a Competent Authority before an order is made under subsection (3)(b) in respect of the thing or the seizure order is discharged under subsection (3)(c) is guilty of an offence.\nMaximum penalty: $5 000.\n\t(3)\tIf a thing has been seized or made subject to a seizure order under this Part, the following provisions apply:\n\t(a)\tthe thing must, if it has been seized, be held pending proceedings for an offence against this Act related to the thing seized, unless a Competent Authority, on application, authorises its release to the person from whom it was seized, or to a person who had legal title to it at the time of its seizure, subject to such conditions as a Competent Authority thinks fit (including conditions as to the giving of security for satisfaction of an order under paragraph (b)(ii));\n\t(b)\tif proceedings for an offence against this Act relating to the thing are instituted within the prescribed period after its seizure or the issuing of the seizure order and the defendant is convicted or found guilty of the offence, the court may—\n\t(i)\torder that it be forfeited to a Competent Authority and, if appropriate, that the defendant pay to the Competent Authority an amount equal to the cost to the Competent Authority of disposing of, or destroying, the thing; or\n\t(ii)\tif it has been released pursuant to paragraph (a) or is the subject of a seizure order—order that it be forfeited to a Competent Authority or that the person to whom it was released or the defendant pay to a Competent Authority an amount equal to its market value at the time of its seizure or the issuing of the seizure order, as the court thinks fit;\n\t(c)\tif—\n\t(i)\tproceedings are not instituted for an offence against this Act relating to the thing within the prescribed period after its seizure or the issuing of the seizure order; or\n\t(ii)\tproceedings have been so instituted and—\n\t(A)\tthe defendant is found not guilty of the offence; or\n\t(B)\tthe defendant is convicted or found guilty of the offence but no order for forfeiture is made under paragraph (b),\nthen—\n\t(iii)\tin the case of a thing seized—the person from whom the thing was seized, or any person with legal title to it, is entitled to recover from a Competent Authority (if necessary, by action in a court of competent jurisdiction) the thing itself, or if it has been damaged or destroyed, compensation of an amount equal to its market value at the time of its seizure; or\n\t(iv)\tin the case of a thing subject to a seizure order—the order is discharged.\n\t(4)\tIn subsection (3)—\nthe prescribed period means six months or such longer period as the Tribunal may, on application by a Competent Authority, allow.\n30—Offence to hinder etc authorised officers\n\t(1)\tA person who—\n\t(a)\thinders or obstructs an authorised officer, or a person assisting an authorised officer, in the exercise of powers conferred by this Act; or\n\t(b)\tuses abusive, threatening or insulting language to an authorised officer, or a person assisting an authorised officer; or\n\t(c)\trefuses or fails to comply with a requirement or direction of an authorised officer under this Part; or\n\t(d)\twhen required by an authorised officer under this Part to answer a question, refuses or fails to answer the question to the best of the person's knowledge, information and belief,\nis guilty of an offence.\nMaximum penalty: $10 000.\n\t(2)\tA person who assaults an authorised officer, or a person assisting an authorised officer in the exercise of powers under this Act, is guilty of an offence.\nMaximum penalty: $10 000.\n31—Self-incrimination\n\t(1)\tA person is not excused from answering a question or from producing, or providing a copy of, a document or information as required under this Part on the ground that to do so might tend to incriminate the person or make the person liable to a penalty.\n\t(2)\tHowever, if compliance by a natural person with a requirement to answer a question or to produce, or provide a copy of, a document or information might tend to incriminate the person or make the person liable to a penalty, then—\n\t(a)\tin the case of a person who is required to produce, or provide a copy of, a document or information—the fact of production, or provision of a copy of, the document or the information (as distinct from the contents of the document or the information); or\n\t(b)\tin any other case—the answer given in compliance with the requirement,\nis not admissible in evidence against the person in proceedings for an offence or for the imposition of a penalty (other than proceedings in respect of the making of a false or misleading statement).\n32—Offences by authorised officers etc\nAn authorised officer, or a person assisting an authorised officer, who—\n\t(a)\taddresses offensive language to any other person; or\n\t(b)\twithout lawful authority, hinders or obstructs or uses or threatens to use force in relation to any other person,\nis guilty of an offence.\nMaximum penalty: $5 000.\nPart 6—Notices and emergencies\n33—Notices\n\t(1)\tAn authorised officer may issue a notice under this section for the purposes of—\n\t(a)\tsecuring compliance with a requirement imposed by or under this Act (including a requirement imposed by a condition of an accreditation, licence or permit); or\n\t(b)\taverting, eliminating or minimising danger to the health or safety of a person or to the safety of property or to the environment that has arisen from an activity involving a dangerous substance.\n\t(2)\tA notice under this section—\n\t(a)\tsubject to subsection (3), must be in the form of a written notice served on the person to whom the notice is issued;\n\t(b)\tmust specify the person to whom it is issued (whether by name or a description sufficient to identify the person);\n\t(c)\tmust state the purpose for which the notice is issued and give details of the requirement or the danger to which it relates;\n\t(d)\tmay impose any requirement reasonably required for the purpose for which the notice is issued including one or more of the following:\n\t(i)\ta requirement that the person discontinue, or not commence, a specified activity indefinitely or for a specified period or until further notice from a Competent Authority;\n\t(ii)\ta requirement that the person not carry on a specified activity subject to specified conditions;\n\t(iii)\ta requirement that the person take specified action within a specified period;\n\t(e)\tmust state that the person may seek a review of the decision to issue the notice by the Tribunal.\n\t(3)\tA notice under this section may be issued orally if the authorised officer is of the opinion that urgent action is required, but in that event, the notice will cease to have effect on the expiration of 72 hours from the time of its issuing unless confirmed by a written notice served on the person.\n\t(4)\tA Competent Authority may, by written notice served on a person to whom a notice has been issued under this section, vary or revoke the notice.\n\t(5)\tA person to whom a notice is issued under this section must comply with the notice.\nMaximum penalty: \nIn the case of a body corporate—$100 000.\nIn any other case—$20 000 or imprisonment for 1 year.\n\t(6)\tA person must not hinder or obstruct a person complying with a notice issued under this section.\nMaximum penalty: $10 000.\n34—Action on default\n\t(1)\tIf the requirements of a notice under this Part are not complied with, the authorised officer who issued the notice (or, in the absence of that authorised officer, another authorised officer authorised for the purpose by a Competent Authority) may take the action required by the notice or cause that action to be taken.\n\t(2)\tIn the exercise of powers under this section, an authorised officer has, in addition to any other powers of an authorised officer under this Act, power to—\n\t(a)\tenter and take possession of any place (taking such action as is reasonably necessary for the purpose); and\n\t(b)\tseize, retain, move or destroy or otherwise dispose of a dangerous substance.\n\t(3)\tThe Crown may recover the costs and expenses reasonably incurred by an authorised officer or other person exercising powers under this section from the person who failed to comply with the notice, as a debt in a court of competent jurisdiction.\n35—Action in emergency situations\n\t(1)\tIf an authorised officer considers on reasonable grounds that a dangerous situation exists and that immediate action is required, the authorised officer may, after giving such notice (if any) as may be reasonable in the circumstances, take action or cause action to be taken as necessary to avert, eliminate or minimise the danger or risk.\n\t(2)\tIn the exercise of powers under this section, an authorised officer has, in addition to any other powers of an authorised officer under this Act, power to—\n\t(a)\tenter and take possession of any place (taking such action as is reasonably necessary for the purpose); and\n\t(b)\tseize, retain, move or destroy or otherwise dispose of a dangerous substance.\n\t(3)\tAction may be taken or caused to be taken under this section whether or not a notice has been given to a person in relation to the danger under a preceding section.\n\t(4)\tThe Crown may recover the costs and expenses reasonably incurred by an authorised officer or other person exercising powers under this section from the person who caused the dangerous situation, as a debt in a court of competent jurisdiction.\nPart 7—Miscellaneous\n36—Exemptions\n\t(1)\tA Competent Authority may confer exemptions from this Act or specified provisions of this Act—\n\t(a)\ton specified persons or persons of a specified class; or\n\t(b)\tin relation to specified places, vehicles or activities, or places, vehicles or activities of a specified class.\n\t(2)\tHowever, a Competent Authority must not grant an exemption unless satisfied—\n\t(a)\tthat compliance with the Act or the specified provisions of this Act (as the case may be) is not reasonably practicable in the circumstances; and\n\t(b)\tthat the exemption (subject to compliance with specified conditions (if any))—\n\t(i)\twould not result in an increased risk of personal injury, property damage or environmental harm; and\n\t(ii)\twould not cause unnecessary administrative or enforcement difficulties.\n\t(3)\tA Competent Authority should, in deciding whether to grant an exemption from a provision that operates as part of a scheme that involves the uniform application of laws on a national basis, take into account the effect that the exemption would have on the operation of that scheme.\n\t(4)\tAn exemption may be granted on application or on the initiative of the Competent Authority.\n\t(5)\tAn exemption may be subject to conditions determined by the Competent Authority (including a condition that the exemption will only operate for a specified period).\n\t(6)\tAn exemption under this section may be granted—\n\t(a)\tby written notice to the person or persons to whom the exemption is granted; or\n\t(b)\tby notice in the Gazette.\n\t(7)\tHowever, if an exemption—\n\t(a)\tmay or is expressed to operate for more than six months; or\n\t(b)\tis granted to a class of persons,\nthen the Competent Authority must give notice of the exemption by notice in the Gazette (unless the exemption is granted under subsection (6)(b)).\n\t(8)\tA notice under subsection (6) or (7) must—\n\t(a)\tstate the conditions (if any) to which the exemption is subject; and\n\t(b)\tcomply with any requirement prescribed by the regulations.\n\t(9)\tA Competent Authority may, if the Competent Authority considers it appropriate to do so, vary the conditions of an exemption by the addition, substitution or deletion of one or more conditions.\n\t(10)\tA Competent Authority may, after due inquiry and for good cause, revoke an exemption.\n\t(11)\tIf a Competent Authority decides to take action under subsection (9) or (10), the Competent Authority must give notice in the same manner as when the exemption was granted.\n\t(12)\tA person who contravenes or fails to comply with a condition imposed under this section is guilty of an offence.\nMaximum penalty: \nIn the case of a body corporate—$50 000.\nIn any other case—$10 000 or imprisonment for 6 months, or both.\n\t(13)\tIf an exemption is granted to a person individually, the person must keep a copy of the notice of exemption in any vehicle or premises to which the exemption applies.\nMaximum penalty: $5 000.\n\t(14)\tA Competent Authority must, in prescribed circumstances, give notice to a prescribed authority of the granting of an exemption under this section.\n\t(15)\tNo liability attaches to a Competent Authority (or to the Crown) by virtue of the fact that the Competent Authority has granted an exemption under this Act.\n37—Reviews\n\t(1)\tIf—\n\t(a)\ta person directly affected by a decision of the Competent Authority relating to a licence, accreditation or permit is dissatisfied with the decision; or\n\t(b)\ta person to whom a notice has been issued under Part 6 is dissatisfied with the decision to issue the notice; or\n\t(c)\ta person who applies for an exemption under section 36 is dissatisfied with a decision of the Competent Authority not to grant the exemption, or to impose a particular condition on an exemption,\nthe person may seek a review of the decision by the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013.\n\t(2)\tIn circumstances where an application for a review of a decision may be made under the regulations, a person may seek a review of the decision by the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013.\n\t(3)\tHowever, a right to seek a review under this section operates subject to any process under the regulations that provides for reconsideration of a decision before an application for a review of the decision may be made to the Tribunal.\n\t(4)\tAn application for a review must be made—\n\t(a)\tin the case of a review of a decision to issue a notice under Part 6—within 14 days of the receipt of the notice; or\n\t(b)\tin the case of a review under subsection (2)—within the time prescribed by the regulations; or\n\t(c)\tin any other case—within 1 month after the applicant receives notice of the relevant decision,\n(or within such longer period as the Tribunal may allow).\n38—Evidentiary provisions\n\t(1)\tIn proceedings for an offence against this Act, an allegation in the complaint—\n\t(a)\tthat any person named holds or held at a specified time a specified office; or\n\t(b)\tthat any person named was or was not at a specified time the holder of a specified licence, accreditation or permit under this Act; or\n\t(c)\tthat any specified substance is or was a dangerous substance; or\n\t(d)\tthat any specified substance is or was a dangerous substance of a specified class; or\n\t(e)\tthat any specified substance or article is or was a dangerous good; or\n\t(f)\tthat any specified substance or article is or was a dangerous good of a specified class, type or category,\nwill, in the absence of proof to the contrary, be taken to be proved.\n\t(2)\tIn proceedings for an offence against this Act—\n\t(a)\ta licence, accreditation or permit and any conditions of a licence, accreditation or permit; or\n\t(b)\tan approval and any conditions of an approval; or\n\t(c)\tan exemption and any conditions of an exemption; or\n\t(d)\tany notice,\ngranted or given under this Act may be proved by the production of an apparently genuine document purporting to be a copy of the licence, accreditation, permit, approval, exemption or notice certified by a Competent Authority.\n\t(3)\tIn proceedings for an offence against this Act, an apparently genuine document purporting to be a certificate of the Government Analyst setting out the results of an analysis of any substance or thing, will, in the absence proof to the contrary, be accepted as proof of the matters stated therein.\n39—Approved codes of practice\n\t(1)\tThe Minister may approve a code of practice for the purposes of this Act.\n\t(2)\tA code of practice may be comprised of, or may incorporate, adopt or operate by reference to, a specified code or standard (with or without modification) as in force from time to time or as in force at a particular time.\n\t(3)\tThe Minister may—\n\t(a)\tapprove an amendment of a code of practice; or\n\t(b)\trevoke a code of practice.\n\t(4)\tThe Minister must give notice in the Gazette of—\n\t(a)\tthe approval of a code of practice; or\n\t(b)\tthe approval of an amendment of a code of practice; or\n\t(c)\tthe revocation of a code of practice.\n\t(5)\tAn approved code of practice and any approved amendment of a code of practice will come into operation on the day on which the notice of approval is published in the Gazette or on such later day as may be specified in the notice.\n\t(6)\tAn approved code of practice or amendment of a code of practice is subject to disallowance by Parliament.\n\t(7)\tEvery approved code of practice or amendment must be laid before both Houses of Parliament within 14 days of notice of its approval being published in the Gazette if Parliament is in session or, if Parliament is not then in session, within 14 days after the commencement of the next session of Parliament.\n\t(8)\tIf either House of Parliament passes a resolution disallowing an approved code of practice or an amendment of a code of practice, then the code of practice or the amendment ceases to have effect.\n\t(9)\tA resolution is not effective for the purposes of subsection (8) unless passed in pursuance of a notice of motion given within 14 sitting days (which need not all fall in the same session of Parliament) after the day on which the code of practice or amendment was laid before the House.\n40—Use of codes of practice in proceedings\nIf in proceedings for an offence against this Act it is proved that the defendant failed to observe a provision of an approved code of practice dealing with the matter in respect of which the offence is alleged to have been committed, the defendant is, in the absence of proof to the contrary, to be taken to have failed to exercise the standard of care required by this Act.\n41—Offences by bodies corporate\nIf a body corporate is guilty of an offence against this Act, each member of the governing body and the manager of the body corporate is guilty of an offence and liable to the same penalty as is prescribed for that offence (when committed by a natural person) unless he or she proves that he or she did not know and could not reasonably be expected to have known of the commission of that offence or that he or she exercised all due diligence to prevent the commission of that offence.\n42—Continuing offences\n\t(1)\tA person convicted of an offence against any provision of this Act in respect of a continuing act or omission—\n\t(a)\twill be liable, in addition to the penalty otherwise applicable to that offence, to a penalty for each day during which the act or omission continued of not more than the amount equal to one-tenth of the maximum penalty prescribed for that offence; and\n\t(b)\twill, if the act or omission continues after he or she is convicted, be guilty of a further offence against that provision and liable, in addition to the penalty otherwise applicable to that further offence, to a penalty for each day during which the act or omission continued after that conviction of not more than the amount equal to one-tenth of the maximum penalty prescribed for that offence.\n\t(2)\tIf an offence against a provision of this Act consists of an omission to do something that is required or directed to be done, the omission will, for the purposes of subsection (1), be taken to continue for so long as the thing required or directed to be done remains undone after the expiration of the period for compliance with the requirement or direction.\n43—Forfeiture of dangerous substance upon conviction\n\t(1)\tIf a person is convicted of an offence against this Act, the court may order that any dangerous substance in relation to which the offence was committed and that is the property of that person be forfeited to the Crown.\n\t(2)\tAny dangerous substance forfeited to the Crown may be disposed of in such manner as the Minister may direct and, if any dangerous substance is disposed of by way of sale, the proceeds of the sale will be paid into the Consolidated Account.\n44—Recovery of costs from convicted person\nIf a person is convicted of an offence against this Act following action taken by an authorised officer under Part 5, the court may, on application by or on behalf of a Competent Authority, order that, in addition to any other penalty, the defendant must pay any costs that were reasonably incurred in taking that action and are directly related to the investigation of the offence (including costs for testing, transporting, storing or disposing of dangerous substances and other evidence).\n45—Proceedings for offences\n\t(1)\tProceedings for a summary offence against this Act may only be commenced by—\n\t(a)\tan authorised officer; or\n\t(b)\ta Competent Authority.\n\t(2)\tProceedings for a summary offence against this Act must be commenced—\n\t(a)\tin the case of an expiable offence—within the time limits prescribed for expiable offences by the Summary Procedure Act 1921;\n\t(b)\tin any other case—within three years of the date on which the offence is alleged to have been committed or, with the authorisation of the Attorney-General, a later time within six years of that date.\n\t(3)\tA document apparently signed by the Attorney-General and stating that the Attorney-General authorises a specified extension of the period for commencing a particular prosecution is to be accepted, in the absence of proof to the contrary, as proof of the fact so stated.\n46—Cost recovery\n\t(1)\tIn this section—\nagency or instrumentality of the Crown means any body corporate (other than a council) established for a public purpose by, or in accordance with, an Act;\ncouncil means a municipal or district council;\ndangerous substance includes a mixture of a dangerous substance with any other substance;\ngovernment authority means—\n\t(a)\ta department or administrative unit of the Public Service; or\n\t(b)\tan agency or instrumentality of the Crown; or\n\t(c)\ta council;\nprincipal officer, in relation to a government authority, means—\n\t(a)\tin the case of a department or administrative unit of the Public Service—the chief executive officer of that department or unit;\n\t(b)\tin the case of an agency or instrumentality of the Crown—the chief executive officer of that agency or instrumentality or a person designated by the regulations as principal officer of that agency or instrumentality;\n\t(c)\tin the case of a council—the chief executive officer of that council.\n\t(2)\tThis section applies to any incident—\n\t(a)\tconstituted of or arising from (whether wholly or in part) the escape of a dangerous substance; or\n\t(b)\tthat involves the danger of the escape of a dangerous substance.\n\t(3)\tFor the purposes of this section, the escape of a dangerous substance includes—\n\t(a)\ta discharge of the dangerous substance onto or into any land or water, or any structure or thing;\n\t(b)\tthe release of the dangerous substance into the air.\n\t(4)\tWhere a government authority incurs costs or expenses as a result of the occurrence of an incident to which this section applies, any such costs or expenses reasonably incurred by the government authority are recoverable as a debt in a court of competent jurisdiction.\n\t(5)\tThe costs or expenses may be recovered by—\n\t(a)\tin the case of costs or expenses incurred by a council—the council;\n\t(b)\tin the case of costs or expenses incurred by an agency or instrumentality of the Crown—that agency or instrumentality, or the Crown;\n\t(c)\tin any other case—the Crown.\n\t(6)\tThe recovery of costs or expenses incurred by one government authority as a result of the occurrence of an incident to which this section applies (including an award or judgment in relation to those costs or expenses) does not preclude the recovery of costs and expenses incurred by another government authority as a result of the occurrence of the incident.\n\t(7)\tThe costs or expenses may be recovered (jointly or severally) from—\n\t(a)\tthe person who was the owner of the dangerous substance at the time of the incident;\n\t(b)\tthe person who was in control or possession of the dangerous substance at the time of the incident;\n\t(c)\tthe person who caused the incident.\n\t(8)\tFor the purposes of subsection (7)—\n\t(a)\tany dangerous substance in the control or possession of an employee or agent while acting in the course of employment will be taken to be in the control or possession of the employer or principal; and\n\t(b)\tan act or omission of an employee or agent while acting in the course of employment will be taken to be the act or omission of the employer or principal,\nunless it is proved that the incident is attributable to serious and wilful misconduct on the part of the employee or agent.\n\t(9)\tCosts and expenses are not recoverable against a person who establishes—\n\t(a)\tthat the incident was due to the act or default of another person, or to some cause beyond the person's control; and\n\t(b)\tthat he or she could not by the exercise of reasonable diligence have prevented the occurrence of the incident; and\n\t(c)\tthat the incident is not attributable to an act or omission of a person who was an employee or agent of his or hers at the time when the incident occurred (unless it is proved that the incident is attributable to serious and wilful misconduct on the part of the employee or agent).\n\t(10)\tThis section does not exclude or derogate from any right to recover an amount in respect of costs or expenses that exists apart from this section but the Crown or a government authority is not entitled to recover, in respect of the same costs or expenses, an amount under this section and an amount in proceedings founded on rights that exist apart from this section.\n\t(11)\tFor the purposes of this section, a body that forms part, or is established for the purposes, of an agency or instrumentality of the Crown is not to be regarded as itself constituting a separate agency or instrumentality.\n\t(12)\tIn any proceedings under this section, a document apparently signed by the principal officer of the relevant government authority certifying as to the incurring of costs or expenses as a result of the occurrence of an incident to which this section applies, and as to the amount of those costs or expenses, constitutes proof, in the absence of proof to the contrary, of the matters so certified.\n48—Assistance in emergencies or accidents\n\t(1)\tNo personal liability attaches to a person for an honest act undertaken without fee, charge or other reward for the purpose of assisting or attempting to assist in a situation in which an emergency or accident involving a dangerous substance occurs or is likely to occur.\n\t(2)\tSubsection (1) does not exempt a person from liabilities against which the person is insured.\n\t(3)\tSubsection (1) does not apply—\n\t(a)\tto a person whose act or omission was wholly or partly the cause of the occurrence or likely occurrence; or\n\t(b)\tto an authorised officer.\n49—Prohibitions\n\t(1)\tThe Minister may prohibit (either absolutely or conditionally) any person—\n\t(a)\tengaging in any or specified activities involving a dangerous substance; or\n\t(b)\tusing a dangerous substance for a particular purpose or in a particular manner; or\n\t(c)\thaving a dangerous substance in his or her custody, possession or control.\n\t(2)\tA prohibition under this section may be varied or revoked by the Minister at any time.\n\t(3)\tA prohibition under this section, and any variation or revocation, must be notified in the Gazette (and takes effect when the notice is published in the Gazette or at such later time as is specified in the notice).\n\t(4)\tA person who contravenes a prohibition imposed under this section is guilty of an offence.\nMaximum penalty: \nIn the case of a body corporate—$50 000.\nIn any other case—$10 000 or imprisonment for six months, or both.\n50—Regulations\n\t(1)\tThe Governor may make such regulations as are contemplated by this Act or as are necessary or expedient for the purposes of this Act.\n\t(2)\tWithout limiting the generality of subsection (1) of this section, those regulations may—\n\t(a)\tprescribe fees for licences and accreditations under this Act varying according to the activity authorised under any such licence or accreditation and the term of any such licence or accreditation; and\n\t(b)\tregulate the keeping, handling, transport, conveyance, use and disposal of any dangerous substance; and\n\t(c)\tprescribe standards of quality and composition in relation to any dangerous substance; and\n\t(d)\tprohibit the sale of any dangerous substance that does not conform to any relevant prescribed standard of quality or composition; and\n\t(e)\tprescribe standards for the siting, design, construction, ventilation, illumination, fittings, fixtures and management of premises used, or to be used, in connection with any dangerous substance; and\n\t(f)\tprescribe standards for the design, construction, cleanliness, venting, ventilation, marking, and maintenance of any vehicle or means of conveyance, or any container or any other thing used, or to be used, in connection with any dangerous substance; and\n\t(g)\tprohibit the keeping of any dangerous substance in any premises or containers that do not conform to any standard prescribed therefor; and\n\t(h)\tprohibit the transport or conveyance of any dangerous substance in containers or by vehicles, pipelines or any other means that do not conform to any standard prescribed therefor; and\n\t(i)\tregulate or prohibit any activities of specified kinds in the vicinity of any dangerous substance; and\n\t(j)\tprescribe the safety procedures to be followed and the provision, maintenance and use of safety equipment and facilities in connection with the keeping, handling, transport, conveyance, use and disposal of any dangerous substance; and\n\t(k)\tregulate, restrict or prohibit the disposal of any dangerous substance; and\n\t(l)\tprohibit the handling, transport, conveyance or use of any dangerous substance except by a person who has received the prescribed training and who is the holder of a permit; and\n\t(m)\tprohibit the manufacture, installation, repair or maintenance of any machine, equipment, container or device in or in connection with which any dangerous substance is kept or used except by a person who has received the prescribed training and who is the holder of a permit; and\n\t(n)\tprovide for the grant, suspension and revocation of permits by a Competent Authority; and\n\t(o)\tprescribe fees for permits granted by a Competent Authority; and\n\t(p)\tprescribe other fees that are to be paid in respect of any thing done under this Act, or matter occurring under this Act, and provide for the recovery of fees; and\n\t(q)\tregulate the manufacture, installation, repair or maintenance of any machine, equipment, container or device in or in connection with which any dangerous substance is kept or used; and\n\t(r)\trequire the reporting to a Competent Authority of accidents occurring in connection with the keeping, handling, transport, conveyance, use or disposal of any dangerous substance; and\n\t(s)\trequire the keeping of records and the furnishing of returns to a Competent Authority in connection with the keeping, handling, transport, conveyance, use or disposal of any dangerous substance; and\n\t(t)\tprovide for the form or content of applications or other documents under this Act, or provide for the approval by a Competent Authority of the form in which applications are to be made to the Competent Authority, or the form in which documents are to be issued by a Competent Authority, for the purposes of this Act; and\n\t(u)\tmake provision with respect to administrative procedures for the purposes of this Act and the form of decisions under this Act; and\n\t(v)\tprovide for registers of decisions and exemptions under this Act; and\n\t(w)\tprescribe the training and qualifications required of authorised officers and other people performing functions under this Act; and\n\t(x)\tprovide that a specified provision of this Act does not apply, or applies with prescribed variations, in any circumstance or situation (or circumstance or situation of a prescribed class) specified by the regulations, subject to any condition to which the regulations are expressed to be subject; and\n\t(y)\tconfer jurisdiction on the Tribunal to review decisions under the regulations; and\n\t(z)\tprescribe matters that are to be considered in proceedings for an offence against the regulations; and\n\t(za)\tfix expiation fees, not exceeding $1 000 in cases involving natural persons and $5 000 in cases involving bodies corporate, for alleged offences against the regulations; and\n\t(zb)\tprescribe fines, not exceeding $5 000 in cases involving natural persons and $25 000 in cases involving bodies corporate, for contravention of a regulation.\n\t(3)\tThe regulations may prescribe differential fees or provide for fees to be determined according to prescribed factors.\n\t(4)\tIf—\n\t(a)\tthe regulations prohibit an activity unless carried on by a person who is the holder of a permit; and\n\t(b)\ta person who is the holder of such a permit carries out that activity (as an employee or contractor) for another person (the principal) in the course of a trade or business carried on by the principal,\nthe principal—\n\t(c)\tmust ensure, so far as is reasonably practicable, that the activity is carried out—\n\t(i)\tsafely; and\n\t(ii)\tin accordance with any requirements prescribed by the regulations; and\n\t(iii)\tin a proper and competent manner; and\n\t(d)\tmust ensure, so far as is reasonably practicable, that any plant used, installed, repaired or maintained as part of, or for the purposes of, that activity is safe and suitable for use, and complies with any requirements prescribed by the regulations; and\n\t(e)\tmust comply with any other duty imposed by the regulations for the purposes of this provision.\nMaximum penalty: $10 000.\n\t(5)\tThe regulations may apply, wholly or partially and with or without modification—\n\t(a)\tregulations in force under an Act of another State, a Territory or the Commonwealth (as in force from time to time or as in force at a particular time); or\n\t(b)\ta code, standard, rule or other document prepared or published by a body referred to in the regulation (as in force from time to time or as in force at a particular time),\nas regulations applying under this Act (and, in so applying such regulations, code, standard, rule or other document, may provide for their citation for the purposes of the law of this State).\n\t(6)\tThe regulations may adopt, wholly or partially and with or without modification, a code, standard, rule or other document prepared or published by a body referred to in the regulation (as in force from time to time or as in force at a particular time).\n\t(7)\tAny regulations applying or adopting a regulation, code, standard, rule or other document may contain such incidental, supplementary or transitional provisions as appear to the Governor to be necessary.\n\t(8)\tThe regulations, or a regulation, code, standard, rule or other document applied or adopted by the regulations, may—\n\t(a)\trefer to or incorporate, wholly or partially and with or without modification, a code, standard, rule or other document prepared or published by a particular body (as in force from time to time or as in force at a particular time); and\n\t(b)\tbe of general or limited application; and\n\t(c)\tmake different provision according to the persons, things or circumstances to which they are expressed to apply; and\n\t(d)\tprovide that any matter or thing is to be determined, dispensed with, regulated or prohibited according to the discretion of the Minister, a Competent Authority, an authorised officer or any other prescribed authority.\n\t(9)\tIf—\n\t(a)\ta regulation, code, standard, rule or other document is applied or adopted by the regulations; or\n\t(b)\tthe regulations, or a regulation, code, standard, rule or other document applied or adopted by the regulations, refers to a code, standard, rule or other document prepared or published by a particular body,\nthen—\n\t(c)\ta copy of the regulation, code, standard, rule or other document must be kept available for inspection by members of the public, without charge and during normal office hours, at an office or offices specified by notice in the Gazette; and\n\t(d)\tin any legal proceedings, evidence of the contents of the regulation, code, standard, rule or other document may be given by production of a document purporting to be certified by or on behalf of the Minister as a true copy of the regulation, code, standard, rule or other document.\n51—Application orders and emergency orders\n\t(1)\tThe Minister may, by notice in the Gazette, declare that the operation of the regulations, or of specified parts of the regulations, relating to the transport of dangerous goods—\n\t(a)\tis suspended for a specified period; or\n\t(b)\tis varied in a manner specified by the Minister.\n\t(2)\tAn order must be consistent with the provisions relating to application orders and emergency orders in the agreements scheduled to the National Road Transport Commission Act 1991 of the Commonwealth.\n\t(3)\tAn order may have effect in relation to the whole of the State, or to a specified part of the State.\n\t(4)\tIf the Ministerial Council for Road Transport terminates an order in accordance with the terms of an agreement referred to in subsection (2), the Minister must publish notice of the termination in the Gazette.\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nLegislation repealed by principal Act\nThe Dangerous Substances Act 1979 repealed the following:\nLiquefied Petroleum Gas Act 1960\nInflammable Liquids Act 1961\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n1979\n47\nDangerous Substances Act 1979\n22.3.1979\n1.7.1981 except ss 4, 14, 17—20—1.10.1981 (Gazette 4.6.1981 p1638)\n1980\n7\nDangerous Substances Act Amendment Act 1980\n3.4.1980\n1.7.1981 (Gazette 4.6.1981 p1638)\n1985\n33\nDangerous Substances Act Amendment Act 1985\n11.4.1985\n11.4.1985\n1987\n17\nDangerous Substances Act Amendment Act 1987\n9.4.1987\n9.4.1987\n1988\n98\nDangerous Substances Act Amendment Act 1988\n15.12.1988\n1.1.1989 (Gazette 22.12.1988 p2098)\n1991\n47\nDangerous Substances (Cost Recovery) Amendment Act 1991\n21.11.1991\n21.11.1991\n1992\n71\nStatutes Amendment (Expiation of Offences) Act 1992\n19.11.1992\n1.3.1993 (Gazette 18.2.1993 p600)\n1992\n81\nDangerous Substances (Equipment and Permits) Amendment Act 1992\n3.12.1992\n1.6.1993 (Gazette 13.5.1993 p1630)\n1998\n27\nDangerous Substances (Transport of Dangerous Goods) Amendment Act 1998\n16.4.1998\n1.9.1998 (Gazette 27.8.1998 p632)\n2000\n4\nDistrict Court (Administrative and Disciplinary Division) Amendment Act 2000\n20.4.2000\nSch 1 (cl 7)—1.6.2000 (Gazette 18.5.2000 p2554)\n2009\n84\nStatutes Amendment (Public Sector Consequential Amendments) Act 2009\n10.12.2009\nPt 44 (s 87)—1.2.2010 (Gazette 28.1.2010 p320)\n2012\n40\nWork Health and Safety Act 2012\n15.11.2012\nSch 6 (cll 3 & 4)—1.1.2013: s 2\n2019\n14\nStatutes Amendment (SACAT) Act 2019\n11.7.2019\nPt 8 (ss 57 to 62)—4.5.2020 (Gazette 27.2.2020 p442)\n2021\n22\nDangerous Substances (LPG Cylinder Labelling) Amendment Act 2021\n17.6.2021\n17.9.2021: s 2\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nLong title\namended by 27/1998 ss 3, 25 (Sch 2)\n1.9.1998\nPt 1\n\n\ns 2\ndeleted by 27/1998 s 25 (Sch 2)\n1.9.1998\ns 3\namended by 98/1988 s 3 \n1.1.1989\n\ndeleted by 27/1998 s 25 (Sch 2)\n1.9.1998\ns 4\ndeleted by 27/1998 s 25 (Sch 2)\n1.9.1998\ns 2\ns 5 redesignated as s 2 by 27/1998 s 26\n1.9.1998\ns 2(1)\ns 2 redesignated as s 2(1) by 27/1998 s 4(g)\n1.9.1998\nauthorised officer\ninserted by 27/1998 s 4(a)\n1.9.1998\nthe Chief Inspector\ndeleted by 81/1992 s 3(a)\n1.6.1993\nCompetent Authority\ninserted by 27/1998 s 4(a)\n1.9.1998\nconveyance\namended by 27/1998 s 4(b)\n1.9.1998\ncraft\ninserted by 27/1998 s 4(c)\n1.9.1998\ndangerous goods\ninserted by 27/1998 s 4(c)\n1.9.1998\ndangerous situation\ninserted by 27/1998 s 4(c)\n1.9.1998\ndangerous substance\nsubstituted by 27/1998 s 4(c)\n1.9.1998\nthe Director\namended by 81/1992 s 3(b)\n1.6.1993\n\ndeleted by 27/1998 s 4(d)\n1.9.1998\ninspector\nsubstituted by 81/1992 s 3(c) \n1.6.1993\n\ndeleted by 27/1998 s 4(e)\n1.9.1998\nplant\ninserted by 81/1992 s 3(c)\n1.6.1993\nsubstance\ninserted by 27/1998 s 4(f)\n1.9.1998\ntransport\ninserted by 27/1998 s 4(f)\n1.9.1998\nTribunal\ninserted by 14/2019 s 57\n4.5.2020\nunit load\ninserted by 27/1998 s 4(f)\n1.9.1998\nvehicle\nsubstituted by 27/1998 s 4(f)\n1.9.1998\ns 2(2)\ns 5(2) inserted by 27/1998 s 4(g)\n1.9.1998\ns 2(3)\ns 5(3) inserted by 27/1998 s 4(g)\n1.9.1998\ns 3\ns 6 substituted by 27/1998 s 5\n1.9.1998\n\ns 6 redesignated as s 3 by 27/1998 s 26\n1.9.1998\ns 4\ns 7 redesignated as s 4 by 27/1998 s 26\n1.9.1998\ns 4(1)\ns 7(1) amended by 27/1998 s 25 (Sch 2)\n1.9.1998\ns 4(2)\ns 7(2) amended by 27/1998 s 25 (Sch 2)\n1.9.1998\nPt 2\namended by 33/1985 s 2 \n11.4.1985\n\namended by 17/1987 ss 2—4\n9.4.1987\n\namended by 98/1988 ss 4, 12 (Sch)\n1.1.1989\n\namended by 71/1992 s 3(1) (Sch)\n1.3.1993\n\namended by 81/1992 ss 4, 5\n1.6.1993\n\nsubstituted by 27/1998 s 6\n1.9.1998\nPt 3\n\n\ns 11\ns 12 amended by 17/1987 s 5\n9.4.1987\n\ns 12 amended by 98/1988 ss 5, 12 (Sch)\n1.1.1989\n\ns 12 substituted by 27/1998 s 7\n1.9.1998\n\ns 12 redesignated as s 11 by 27/1998 s 26\n1.9.1998\ns 12\ns 12A inserted by 81/1992 s 6\n1.6.1993\n\ns 12A redesignated as s 12 by 27/1998 s 26\n1.9.1998\ns 12(4)\ns 12A(4) amended by 27/1998 s 8\n1.9.1998\ns 12(6)\ns 12A(6) amended by 27/1998 s 25 (Sch 1 cl 1)\n1.9.1998\ns 14\namended by 17/1987 s 6\n9.4.1987\n\nsubstituted by 98/1988 s 6\n1.1.1989\ns 14(1)\namended by 27/1998 s 25 (Sch 1 cl 2)\n1.9.1998\ns 14(2)\nsubstituted by 40/2012 Sch 6 cl 3\n1.1.2013\ns 15\n\n\ns 15(1)\namended by 27/1998 ss 9(a), 25 (Sch 2)\n1.9.1998\ns 15(2)\ndeleted by 98/1988 s 7(a)\n1.1.1989\ns 15(2)\ns 15(3) amended by 27/1998 ss 9(b), 25 (Sch 2)\n1.9.1998\n\ns 15(3) redesignated as s 15(2) by 27/1998 s 26\n1.9.1998\ns 15(3)\ns 15(4) amended by 27/1998 s 9(c)\n1.9.1998\n\ns 15(4) redesignated as s 15(3) by 27/1998 s 26\n1.9.1998\ns 15(4)\ns 15(5) inserted by 33/1985 s 3\n11.4.1985\n\ns 15(5) substituted by 98/1988 s 7(b)\n1.1.1989\n\ns 15(5) amended by 27/1998 s 25 (Sch 1 cl 3)\n1.9.1998\n\ns 15(5) redesignated as s 15(4) by 27/1998 s 26\n1.9.1998\ns 15(5)\ns 15(6) inserted by 33/1985 s 3\n11.4.1985\n\ns 15(6) substituted by 98/1988 s 7(b)\n1.1.1989\n\ns 15(6) amended by 27/1998 s 9(d), (e)\n1.9.1998\n\ns 15(6) redesignated as s 15(5) by 27/1998 s 26\n1.9.1998\ns 16\n\n\ns 16(1)\namended by 27/1998 ss 10(a), 25 (Sch 2)\n1.9.1998\ns 16(2)\namended by 27/1998 ss 10(b), 25 (Sch 2)\n1.9.1998\ns 16(3)\namended by 27/1998 ss 10(c), 25 (Sch 2)\n1.9.1998\ns 18\namended by 17/1987 s 7\n9.4.1987\n\nsubstituted by 98/1988 s 8\n1.1.1989\ns 18(1)\namended by 27/1998 s 25 (Sch 1 cl 4)\n1.9.1998\ns 18(2)\nsubstituted by 40/2012 Sch 6 cl 4\n1.1.2013\ns 19\n\n\ns 19(1)\namended by 27/1998 ss 11(a), 25 (Sch 2)\n1.9.1998\ns 19(2)\namended by 27/1998 ss 11(b), 25 (Sch 2)\n1.9.1998\ns 19(3)\namended by 27/1998 s 11(c)\n1.9.1998\ns 19(4)\ninserted by 98/1988 s 9\n1.1.1989\n\namended by 27/1998 s 25 (Sch 1 cl 5)\n1.9.1998\ns 20\n\n\ns 20(1)\namended by 27/1998 ss 12(a), 25 (Sch 2)\n1.9.1998\ns 20(2)\namended by 27/1998 ss 12(b), 25 (Sch 2)\n1.9.1998\ns 20(3)\namended by 27/1998 ss 12(c), 25 (Sch 2)\n1.9.1998\ns 21\namended by 27/1998 ss 13, 25 (Sch 2)\n1.9.1998\ns 22\n\n\ns 22(2)\namended by 27/1998 ss 14, 25 (Sch 2)\n1.9.1998\ns 23\ndeleted by 81/1992 s 7\n1.6.1993\nPt 4\nPt 3AA inserted by 27/1998 s 15\n1.9.1998\n\nPt 3AA redesignated as Pt 4 by 27/1998 s 26\n1.9.1998\nPt 4A\ninserted by 22/2021 s 4\n17.9.2021\nPt 5\nPt 3AAB inserted by 27/1998 s 15\n1.9.1998\n\nPt 3AAB redesignated as Pt 5 by 27/1998 s 26\n1.9.1998\ns 28\ns 23AAF redesignated as s 28 by 27/1998 s 26 \n1.9.1998\ns 28(5)\namended by 4/2000 s 9(1) (Sch 1 cl 7(a))\n1.6.2000\ns 28(7)\namended by 4/2000 s 9(1) (Sch 1 cl 7(b))\n1.6.2000\ns 29\n\n\ns 29(4)\n\n\nthe prescribed period\namended by 14/2019 s 58\n4.5.2020\nPt 6\nPt 3A inserted by 98/1988 s 10\n1.1.1989\n\nPt 3A amended by 81/1992 s 8\n1.6.1993\n\nPt 3A substituted by 27/1998 s 16\n1.9.1998\n\nPt 3A redesignated as Pt 6 by 27/1998 s 26\n1.9.1998\ns 33\n\n\ns 33(2)\namended by 14/2019 s 59\n4.5.2020\nPt 7\nPt 4 redesignated as Pt 7 by 27/1998 s 26\n1.9.1998\ns 36\ns 24 amended by 98/1988 s 11\n1.1.1989\n\ns 24 substituted by 27/1998 s 17\n1.9.1998\n\ns 24 redesignated as s 36 by 27/1998 s 26\n1.9.1998\ns 37 before substitution by 14/2019\ns 24A inserted by 81/1992 s 9\n1.6.1993\n\ns 24A substituted by 27/1998 s 17\n1.9.1998\n\ns 24A redesignated as s 37 by 27/1998 s 26\n1.9.1998\ns 37(3)\ndeleted by 4/2000 s 9(1) (Sch 1 cl 7(c))\n1.6.2000\ns 37(5)\ndeleted by 4/2000 s 9(1) (Sch 1 cl 7(d))\n1.6.2000\ns 37(6)\ndeleted by 4/2000 s 9(1) (Sch 1 cl 7(e))\n1.6.2000\ns 37(7)\ndeleted by 4/2000 s 9(1) (Sch 1 cl 7(f))\n1.6.2000\ns 37(8)\ndeleted by 4/2000 s 9(1) (Sch 1 cl 7(g))\n1.6.2000\ns 37(9)\ndeleted by 4/2000 s 9(1) (Sch 1 cl 7(h))\n1.6.2000\ns 37(10)\ndeleted by 4/2000 s 9(1) (Sch 1 cl 7(i))\n1.6.2000\ns 37(11)\ndeleted by 4/2000 s 9(1) (Sch 1 cl 7(j))\n1.6.2000\ns 37\nsubstituted by 14/2019 s 60\n4.5.2020\ns 38\ns 25 redesignated as s 38 by 27/1998 s 26\n1.9.1998\ns 38(1)\ns 25(1) amended by 27/1998 ss 18(a), (b), 25 (Sch 2)\n1.9.1998\ns 38(2)\ns 25(2) substituted by 27/1998 s 18(c)\n1.9.1998\ns 38(3)\ns 25(3) amended by 27/1998 s 25 (Sch 2)\n1.9.1998\ns 39\ns 25A inserted by 27/1998 s 19\n1.9.1998\n\ns 25A redesignated as s 39 by 27/1998 s 26\n1.9.1998\ns 40\ns 25B inserted by 27/1998 s 19\n1.9.1998\n\ns 25B redesignated as s 40 by 27/1998 s 26\n1.9.1998\ns 41\ns 26 amended by 17/1987 s 8\n9.4.1987\n\ns 26 amended by 27/1998 s 25 (Sch 2)\n1.9.1998\n\ns 26 redesignated as s 41 by 27/1998 s 26\n1.9.1998\ns 42\ns 27 redesignated as s 42 by 27/1998 s 26\n1.9.1998\ns 42(1)\ns 27(1) amended by 27/1998 s 25 (Sch 2)\n1.9.1998\ns 42(2)\ns 27(2) amended by 27/1998 s 25 (Sch 2)\n1.9.1998\ns 43\ns 28 redesignated as s 43 by 27/1998 s 26\n1.9.1998\ns 43(1)\ns 28(1) amended by 27/1998 s 25 (Sch 2)\n1.9.1998\ns 43(2)\ns 28(2) amended by 27/1998 s 25 (Sch 2)\n1.9.1998\ns 44\ns 28A inserted by 27/1998 s 20\n1.9.1998\n\ns 28A redesignated as s 44 by 27/1998 s 26\n1.9.1998\ns 45\ns 29 redesignated as s 45 by 27/1998 s 26\n1.9.1998\ns 45(1)\ns 29 redesignated as s 29(1) by 81/1992 s 10\n1.6.1993\n\ns 29(1) substituted by 27/1998 s 21(a)\n1.9.1998\ns 45(2)\ns 29(2) inserted by 81/1992 s 10\n1.6.1993\n\ns 29(2) substituted by 27/1998 s 21(a)\n1.9.1998\ns 45(3)\ns 29(3) inserted by 81/1992 s 10\n1.6.1993\n\ns 29(3) amended by 27/1998 s 21(b)\n1.9.1998\ns 46\ns 29A inserted by 47/1991 s 2\n21.11.1991\n\ns 29A redesignated as s 46 by 27/1998 s 26\n1.9.1998\ns 47\ns 29B inserted by 27/1998 s 22\n1.9.1998\n\ns 29B redesignated as s 47 by 27/1998 s 26\n1.9.1998\n\ndeleted by 84/2009 s 87\n1.2.2010\nss 48 and 49\nss 29C and 29D inserted by 27/1998 s 22\n1.9.1998\n\nss 29C and 29D redesignated as ss 48 and 49 by 27/1998 s 26\n1.9.1998\ns 50\ns 30 redesignated as s 50 by 27/1998 s 26\n1.9.1998\ns 50(2)\ns 30(2) amended by 7/1980 s 3\n1.7.1981\n\ns 30(2) amended by 17/1987 s 9\n9.4.1987\n\ns 30(2) amended by 98/1988 s 12 (Sch)\n1.1.1989\n\ns 30(2) amended by 81/1992 s 11(a), (b)\n1.6.1993\n\ns 30(2) amended by 27/1998 s 23(a)—(n)\n1.9.1998\n\namended by 14/2019 s 61\n4.5.2020\ns 50(3)\ns 30(3) substituted by 27/1998 s 23(o)\n1.9.1998\ns 50(4)\ns 30(4) inserted by 81/1992 s 11(c)\n1.6.1993\n\ns 30(4) amended by 27/1998 s 25 (Sch 1 cl 6), (Sch 2)\n1.9.1998\ns 50(5)\ns 30(5) inserted by 81/1992 s 11(c)\n1.6.1993\n\ns 30(5) substituted by 27/1998 s 23(p)\n1.9.1998\ns 50(6)—(9)\ns 30(6)—(9) inserted by 27/1998 s 23(p)\n1.9.1998\ns 51\ns 31 inserted by 27/1998 s 24\n1.9.1998\n\ns 31 redesignated as s 51 by 27/1998 s 26\n1.9.1998\nTransitional etc provisions associated with Act or amendments\nDangerous Substances (Transport of Dangerous Goods) Amendment Act 1998, Sch 3—Transitional provisions\n1—Interpretation\nIn this Schedule—\nthe relevant day means the day on which this Act comes into operation.\n2—The Director\n\t(1)\tThe person designated by the principal Act as \"the Director\" immediately before the relevant day will be taken to have been appointed as a Competent Authority under the principal Act on the commencement of this Act.\n\t(2)\tAny power, function or duty vested in the Director under the principal Act immediately before the relevant day is exercisable by, or attaches to, a Competent Authority under the principal Act on and after the relevant day.\n\t(3)\tA reference in any instrument to the Director (as designated by the principal Act immediately before the relevant day) will be read as a reference to a Competent Authority on and after the relevant day.\n3—Inspectors\n\t(1)\tThe persons holding appointments as inspectors under the principal Act immediately before the relevant day continue as authorised officers under the principal Act on the commencement of this Act.\n\t(2)\tAny power, function or duty vested in an inspector under the principal Act immediately before the relevant day is exercisable by, or attaches to, an authorised officer under the principal Act on and after the relevant day.\n\t(3)\tA reference in any instrument to an inspector will be read as a reference to an authorised officer on and after the relevant day.\n\t(4)\tAn identification card held by an inspector immediately before the relevant day for the purposes of the principal Act will be taken to have been issued by a Competent Authority for the purposes of the principal Act (as amended by this Act).\n4—Notices\nA notice given under section 23A or 23B of the principal Act before the relevant day will continue in force and effect, and may be dealt with and enforced, as if this Act had not been enacted.\n5—Exemption\nAn exemption given under section 24 of the principal Act before the relevant day may be dealt with as if it had been given under the principal Act as amended by this Act.\n6—Proceedings\nAny proceedings commenced under section 23C or 24A of the principal Act before the relevant day may be continued and completed as if this Act had not been enacted.\n7—Other matters\nThe Governor may, by regulation, make other provisions of a transitional nature consequent on the enactment of this Act.\n8—Acts Interpretation Act 1915\nThe Acts Interpretation Act 1915 applies, except to the extent of any inconsistency with the provisions of this Schedule (or a regulation made under clause 7), to the amendments effected by this Act.\nDangerous Substances (Transport of Dangerous Goods) Amendment Act 1998\n26—Renumbering\nWhen all provisions of this amending Act have been brought into operation, the sections and parts of the principal Act are to be renumbered in consecutive order (with necessary consequential changes to cross-numbering).\nStatutes Amendment (SACAT) Act 2019, Pt 8\n62—Transitional provisions\n\t(1)\tA right to appeal to the Administrative and Disciplinary Division of the District Court under section 37 of the principal Act in relation to a matter in existence (but not yet exercised) before the relevant day, will be exercised as if this Part had been in operation before the right arose, so that the relevant proceedings may be commenced instead before the Tribunal.\n\t(2)\tA decision or order of the Administrative and Disciplinary Division of the District Court under the principal Act in force immediately before the relevant day will, on and from the relevant day, be taken to be a decision or order of the Tribunal.\n\t(3)\tNothing in this section affects any proceedings before the Administrative and Disciplinary Division of the District Court commenced under the principal Act before the relevant day.\n\t(4)\tIn this section—\nprincipal Act means the Dangerous Substances Act 1979;\nrelevant day means the day on which this Part comes into operation;\nTribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013.\nDangerous Substances (LPG Cylinder Labelling) Amendment Act 2021, Sch 1\n1—Transitional provision—Existing labels\n\t(1)\tSection 26A of the Dangerous Substances Act 1979 as inserted by this Act does not apply in respect of a cylinder in circumstances where—\n\t(a)\ta label containing the prescribed wording was affixed to the body of the cylinder before the commencement of this Act; and\n\t(b)\tthe prescribed wording on the label is and remains clear and legible.\n\t(2)\tIn this clause—\nprescribed wording means the wording or statement required on a label under section 26A(2) of the Dangerous Substances Act 1979 as in force after the commencement of this Act.\nHistorical versions\nReprint No 1—1.7.1991\n\nReprint No 2—21.11.1991\n\nReprint No 3—1.3.1993\n\nReprint No 4—1.6.1993\n\nReprint No 5—1.9.1998\n\nReprint No 6—1.6.2000\n\n1.2.2010\n\n1.1.2013\n\n4.5.2020\n\n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The legislation has grown significantly beyond its original 1979 scope. Originally enacted to replace the Liquefied Petroleum Gas Act 1960 and Inflammable Liquids Act 1961 (focusing on storage of flammable materials), the Act was substantially expanded by the 1998 amendments to implement national dangerous goods transport regulations. This added comprehensive vehicle licensing, driver accreditation, packaging standards, and route controls. The 2021 amendment added Part 4A specifically for LPG cylinder labelling (a consumer protection measure). The Act now covers not just static storage but the entire supply chain including transport by road, rail, pipeline, air and sea, plus equipment safety, emergency response, and cost recovery for clean-ups."},"complexity_factors":["Multiple overlapping regulatory schemes: the Act regulates both 'dangerous substances' (general) and 'dangerous goods' (transport-specific) with different licensing and control mechanisms","Extensive delegation of detail to regulations – s.50 allows regulations to prescribe standards, fees, training requirements, and adopt external codes/standards (including those from other jurisdictions)","Nested definitions and conditional definitions – 'dangerous substance' includes 'dangerous goods' which are defined by reference to regulations or Competent Authority determinations (s.2)","Multiple licensing streams with similar but distinct provisions – Division 2 (keeping) and Division 3 (conveying) licences have parallel but not identical structures","Complex cross-referencing to external documents – the Act incorporates by reference Australian Standards (AS 2700, AS 1319, AS 4484) and can adopt regulations from other States/Territories (s.50(5)-(6))","Conditional powers and safeguards – warrant provisions include detailed procedures for telephone and facsimile applications with specific verification requirements (s.28)","Self-incrimination provisions with carve-outs – s.31 removes the privilege against self-incrimination but protects the use of compelled answers in subsequent proceedings","Multiple review pathways – decisions can be reviewed by the South Australian Civil and Administrative Tribunal, subject to any preliminary reconsideration processes in regulations (s.37)","Layered offence structure with escalating penalties based on consequences (death/serious injury vs. other cases) and entity type (body corporate vs. individual)"],"plain_english_summary":"**What this law does:**\n\nThis is South Australia's main law for controlling dangerous chemicals and hazardous materials. It sets up a comprehensive system to regulate how dangerous substances are stored, handled, transported, used, and disposed of safely.\n\n**Who it affects:**\n\n- **Businesses and individuals** who keep, transport, or work with dangerous substances (chemicals, flammable liquids, gases, toxic materials)\n- **Employers** in industries using hazardous materials\n- **Transport operators** moving dangerous goods by road, rail, pipeline, or craft\n- **Retailers** selling LPG (barbecue gas cylinders)\n- **Government agencies** including \"Competent Authorities\" (appointed officials who administer the Act) and authorised officers (inspectors with enforcement powers)\n\n**Key requirements:**\n\n- **Licences required** for keeping or conveying (moving via pipeline, aircraft, or vessel) prescribed dangerous substances\n- **General safety duty** – everyone handling dangerous substances must take reasonable precautions to protect people, property, and the environment\n- **Plant safety** – equipment used with dangerous substances must be kept in safe condition\n- **Dangerous goods transport rules** – specific regulations govern packaging, labelling, vehicle standards, driver training, and route planning\n- **LPG cylinder labelling** – retailers must attach warning labels about the dangers of inhaling gas\n\n**Enforcement powers:**\n\n- Authorised officers can enter premises, inspect vehicles, seize substances, issue safety notices, and require documents\n- They can obtain warrants (including urgent telephone/fax warrants) to use force if necessary\n- Emergency powers allow immediate action to stop dangerous situations\n\n**Penalties:**\n\nFines range from $5,000 for minor offences up to $500,000 for corporations and 4 years imprisonment for individuals in cases involving death or serious injury.\n\n**Why it matters:**\n\nThis law protects workers, the public, and the environment from chemical accidents, spills, fires, and explosions. It ensures hazardous materials are managed by qualified people using proper equipment, and gives authorities strong powers to intervene before disasters occur."},"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":[]},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as no legislative text was provided. The page returned was a website error notice, not the content of the Dangerous Substances Act 1979 (SA)."},"complexity_factors":["No legislative text was retrievable — the source URL returned a 404-style 'Page Not Found' error","Complexity cannot be meaningfully assessed without access to the actual legislative content","Score of 1 reflects absence of analysable material, not simplicity of the underlying Act"],"plain_english_summary":"**No legislation could be analysed.**\n\nThe link provided did not return the text of the *Dangerous Substances Act 1979* (SA). Instead, it returned a **\"Page Not Found\"** error from the South Australian legislation website, likely because bookmarks or hyperlinks created before 24 March 2026 are no longer compatible with the updated website.\n\n**What this means for you:** No legal content was available to analyse. If you need information about the *Dangerous Substances Act 1979* (SA) — which generally regulates the handling, storage, transport and use of hazardous chemicals and substances to protect public safety and the environment — you should:\n- Visit [www.legislation.sa.gov.au](https://www.legislation.sa.gov.au) directly and search for the Act by name\n- Update any old bookmarks or hyperlinks\n- Contact the Office of Parliamentary Counsel SA at OPCWeb@sa.gov.au if you encounter errors"},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act's scope has broadened since its original enactment: amendments expanded transport-specific regulation and classification of dangerous goods (Dangerous Substances (Transport of Dangerous Goods) Amendment Act 1998; see s23), introduced Competent Authorities and wider delegation (s5, s6), added specific labelling duties for LPG cylinders (s26A, inserted 2021), and shifted review processes to the Tribunal (s37; SACAT amendments 2019). Definitions were also expanded (s2), moving the law from narrower historic statutes to a comprehensive licensing, transport, enforcement and cost‑recovery regime."},"complexity_factors":["Broad and technical definitions that determine scope (s2)","Extensive delegation to regulations and external codes/standards (s50; s50(5)–(6))","Significant discretionary powers for Minister and Competent Authorities (s5, s6, s21, s22)","Multiple, overlapping licence and accreditation regimes with conditions and renewal rules (ss14–20)","Detailed enforcement toolkit including entry, search, seizures, warrants and sampling (s27, s28, s29)","Varied offence and penalty structure with corporate and individual liability and continuing offences (s11, s41, s42)","Cost-recovery, forfeiture and court-ordered financial liabilities (ss43, 44, 46)","Administrative review and appeal pathways with Tribunal involvement and procedural timing rules (s37)","Specialist technical provisions (e.g. LPG labelling) layered on general regime (s26A)","Extensive amendment history and transitional provisions that alter application and interpretation across time (Legislative history)"],"plain_english_summary":"This Act creates a regulatory framework for keeping, handling, transporting, using and disposing of \"dangerous substances\" in South Australia. It imposes licensing, labelling and accreditation requirements, inspection and enforcement powers, offences and penalties, and allows the Minister and Competent Authorities to make detailed regulations (see s5, ss14–20, s26A, s27, s50).\n\nRegulated persons and businesses pay compliance costs, fines and potential cost-recovery liabilities; the Minister, Competent Authorities and authorised officers exercise significant discretion in licensing, exemptions and enforcement (see ss5–8, s46)."}},"importantCases":[],"_links":{"self":"/api/acts/dangerous-substances-act-1979","history":"/api/acts/dangerous-substances-act-1979/history","analysis":"/api/acts/dangerous-substances-act-1979/analysis","conflicts":"/api/acts/dangerous-substances-act-1979/conflicts","importantCases":"/api/acts/dangerous-substances-act-1979/important-cases","documents":"/api/acts/dangerous-substances-act-1979/documents"}}