{"id":"a-2004-7","name":"Dangerous Substances Act 2004","slug":"dangerous-substances-act-2004","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"7 of 2004","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":23382,"registerId":"act-a-2004-7-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"1 Name of Act\nThis Act is the Dangerous Substances Act 2004.\n","sortOrder":0},{"sectionNumber":"3","sectionType":"section","heading":"Dictionary","content":"3 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in this\nAct, and includes references (signpost definitions) to other terms defined\nelsewhere.\nFor example, the signpost definition ‘infringement notice—see the\nMagistrates Court Act 1930, section 117.’ means that the term\n‘infringement notice’ is defined in that section and the definition applies\nto this Act.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire Act unless the definition, or another provision of the Act,\nprovides otherwise or the contrary intention otherwise appears (see\nLegislation Act, s 155 and s 156 (1)).\n","sortOrder":1},{"sectionNumber":"4","sectionType":"section","heading":"Notes","content":"4 Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n\nPreliminary Chapter 1\n","sortOrder":2},{"sectionNumber":"5","sectionType":"section","heading":"Offences against Act—application of Criminal Code etc","content":"5 Offences against Act—application of Criminal Code etc\nOther legislation applies in relation to offences against this Act.\nNote 1 Criminal Code\nThe Criminal Code, ch 2 applies to all offences against this Act (see\nCode, pt 2.1).\nThe chapter sets out the general principles of criminal responsibility\n(including burdens of proof and general defences), and defines terms used\nfor offences to which the Code applies (eg conduct, intention,\nrecklessness and strict liability).\nNote 2 Penalty units\nThe Legislation Act, s 133 deals with the meaning of offence penalties\nthat are expressed in penalty units.\n\n","sortOrder":3},{"sectionNumber":"6","sectionType":"section","heading":"Purpose of Act","content":"6 Purpose of Act\n(1) The purpose of this Act is to protect the health and safety of people,\nand to protect property and the environment from damage, from the\nhazards associated with dangerous substances.\n(2) The purpose of this Act includes the following:\n(a) to eliminate the hazards associated with dangerous substances;\n(b) if it is not reasonably practicable to eliminate the hazards—to\nminimise as far as reasonably practicable the risks resulting\nfrom the hazards by, for example—\n(i) ensuring that the hazards are identified and the risks are\nassessed and controlled; and\n(ii) requiring information and training about the hazards and\nthe safe handling of the substances to be made available to\npeople handling the substances;\n(c) to allocate responsibilities to people in relation to dangerous\nsubstances;\n(d) to regulate dangerous substances, including by providing for\nauthorisation, licensing, notification and registration schemes\nfor dangerous substances.\n","sortOrder":4},{"sectionNumber":"7","sectionType":"section","heading":"Exclusions from Act","content":"7 Exclusions from Act\n(1) This Act does not apply to the following:\n(a) the transmission, distribution and use of natural gas to which the\nGas Safety Act 2000 or Utilities Act 2000 applies;\n\nOperation of Act Part 2.1\n(b) the transmission, distribution and use of LPG to which the Gas\nSafety Act 2000 applies;\n(c) ammunition under the Firearms Act 1996, other than the\nmanufacture or transport of ammunition;\n(d) an infectious substance under the Clinical Waste Act 1990;\n(e) radioactive material under the Radiation Protection Act 2006;\n(f) anything else prescribed by regulation.\nLPG—see the Gas Safety Act 2000, dictionary, definition of gas,\nparagraph (b).\n","sortOrder":5},{"sectionNumber":"8","sectionType":"section","heading":"Relationship of Act to other laws","content":"8 Relationship of Act to other laws\n(1) The duties under this Act in relation to dangerous substances are in\naddition to duties in relation to them under any other law in force in\nthe ACT.\nNote 1 A reference to an Act includes a reference to statutory instruments made\nNote 2 Other legislation in force in the ACT relating to dangerous substances\nincludes the following:\n• Dangerous Goods (Road Transport) Act 2009\n• Emergencies Act 2004\n• Environment Protection Act 1997\n• Medicines, Poisons and Therapeutic Goods Act 2008\n• Work Health and Safety Act 2011.\n\nNote 3 See the Emergencies Act 2004 for provisions relating to hazardous\nmaterials incidents (which may include dangerous occurrences).\nNote 4 See the Dangerous Goods (Road Transport) Act 2009 for the transport\nby road of certain dangerous substances that are classified as dangerous\ngoods under that Act.\n(2) A duty or power under another territory law, other than the WHS Act,\nin relation to a dangerous substance has no effect to the extent that it\nis inconsistent with a duty under this Act in relation to the substance.\n(3) However, a duty or power under another territory law, other than the\nWHS Act, in relation to a dangerous substance must not be taken to\nbe inconsistent with a duty under this Act to the extent that they can\noperate concurrently.\n","sortOrder":6},{"sectionNumber":"8A","sectionType":"section","heading":"Relationship of Act to WHS Act","content":"8A Relationship of Act to WHS Act\n(1) A person is taken to have complied with a duty under this Act in\nrelation to a substance, thing or circumstance if the person—\n(a) has a corresponding duty under the WHS Act in relation to the\nsubstance, thing or circumstance; and\n(b) has complied with the duty under the WHS Act.\n(2) A duty or power under this Act in relation to a dangerous substance\nhas no effect to the extent that it is inconsistent with a duty under the\nWHS Act in relation to the substance.\n(3) However, a duty or power under this Act in relation to a dangerous\nsubstance must not be taken to be inconsistent with a duty under the\nWHS Act to the extent that they can operate concurrently.\n\nOperation of Act Part 2.1\n","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Relationship of regulations to approved codes of practice","content":"9 Relationship of regulations to approved codes of practice\nand incorporated documents\n(1) An approved code of practice or incorporated document has no effect\nto the extent that it is inconsistent with a regulation.\n(2) However, an approved code of practice or incorporated document\nmust not be taken to be inconsistent with a regulation to the extent\nthat it can operate concurrently.\n\n","sortOrder":8},{"sectionNumber":"10","sectionType":"section","heading":"Meaning of dangerous substance","content":"10 Meaning of dangerous substance\n(1) In this Act:\ndangerous substance means a substance that is—\n(a) classified—\n(i) as an explosive under the Australian Explosives Code; or\n(ii) in class 1 (Explosives) under the ADG Code; or\n(b) asbestos; or\n(c) a security sensitive substance; or\n(d) prescribed by regulation to be a dangerous substance; or\n(e) declared under subsection (2) to be a dangerous substance.\nNote Asbestos is also dealt with under the Work Health and Safety Act 2011.\nSee s 8 and s 8A for how these Acts interact.\n(2) The Minister may declare a substance to be a dangerous substance.\n(3) A declaration under subsection (2) is a disallowable instrument.\n","sortOrder":9},{"sectionNumber":"10A","sectionType":"section","heading":"Meaning of security sensitive substance","content":"10A Meaning of security sensitive substance\n(1) In this Act:\nsecurity sensitive substance means a substance that is—\n(a) prescribed by regulation to be a security sensitive substance; or\n(b) declared under subsection (2) to be a security sensitive\n(2) The Minister may declare a substance (other than an explosive) to be\na security sensitive substance.\n(3) A declaration under subsection (2) is a disallowable instrument.\n\n","sortOrder":10},{"sectionNumber":"11","sectionType":"section","heading":"Handle a dangerous substance","content":"11 Handle a dangerous substance\nFor this Act, handle a dangerous substance includes the following:\n(a) import or export the substance;\n(b) manufacture, process or treat the substance;\n(c) supply, receive or dispense the substance;\n(d) mark or label an article, container or package of the substance,\nor placard or put up signs in relation to the substance;\n(e) pack, consign or carry the substance;\n(f) store the substance;\n(g) possess, or otherwise have custody or control of, the substance;\n(h) use the substance;\n(i) dispose of the substance or render it harmless.\nExamples for par (d)\n1 label a container of a dangerous substance in accordance with the ADG Code\n2 put up warning signs around a factory about hazards associated with a\ndangerous substance used at the factory\n3 attach a placard to a building that includes the hazchem code under the\nADG Code for a dangerous substance stored at the building\n","sortOrder":11},{"sectionNumber":"12","sectionType":"section","heading":"Non-commercial handling of a dangerous substance","content":"12 Non-commercial handling of a dangerous substance\nFor this Act, the handling of a dangerous substance is non-\ncommercial if the handling does not take place in the course of trade\nor commerce.\n","sortOrder":12},{"sectionNumber":"13","sectionType":"section","heading":"Correctly classified for a dangerous substance","content":"13 Correctly classified for a dangerous substance\n(1) For this Act, a dangerous substance is correctly classified if—\n(a) if a regulation applies to the classification of the substance—the\nsubstance is classified in accordance with the regulation; or\n\n(b) if a declaration under subsection (2) applies to the classification\nof the substance—the substance is classified in accordance with\nthe declaration; or\n(c) in any other case—the substance is classified in accordance with\nan incorporated document applying to the classification of the\nNote An incorporated document has no effect to the extent that it is inconsistent\nwith a regulation (see s 9 (1)).\n(2) The Minister may declare—\n(a) that a dangerous substance belongs, or does not belong, to a\nstated classification (however described) of dangerous\nsubstances; or\n(b) a method for classifying a stated dangerous substance.\n(3) A declaration under subsection (2) has no effect to the extent that it\nis inconsistent with a regulation.\n(4) A declaration under subsection (2) is a disallowable instrument.\n","sortOrder":13},{"sectionNumber":"14","sectionType":"section","heading":"Correctly for packed, stored, labelled and placarded","content":"14 Correctly for packed, stored, labelled and placarded\n(1) For this Act, a dangerous substance is correctly packed or stored if—\n(a) if a regulation applies to the packing or storage of the\nsubstance—the substance is packed or stored in accordance with\nthe regulation; or\n(b) if an incorporated document applies to the packing or storage of\nthe substance—the substance is packed or stored in accordance\nwith the incorporated document; or\n\n(c) in any other case—the substance is packed or stored in a way\nthat eliminates the hazards associated with the substance or, if\nthis is not reasonably practicable, minimises the risks resulting\nfrom the hazards as far as is reasonably practicable.\nNote An incorporated document has no effect to the extent that it is inconsistent\nwith a regulation (see s 9 (1)).\n(2) For this Act, a dangerous substance is correctly labelled or placarded\nif—\n(a) if a regulation applies to the labelling or placarding of the\nsubstance—the substance is labelled or placarded in accordance\nwith the regulation; or\n(b) in any other case—the substance is labelled or placarded in\naccordance with an incorporated document (if any) applying to\nthe labelling or placarding of the substance.\ndangerous substance includes a container or package containing a\ndangerous substance.\n","sortOrder":14},{"sectionNumber":"15","sectionType":"section","heading":"Meaning of hazard and risk","content":"15 Meaning of hazard and risk\n(1) For this Act, a hazard is a thing (including an intrinsic property of a\nthing), or a situation, with potential to—\n(a) cause the death of or harm to a person; or\n(b) damage property or the environment.\n(2) For this Act, a risk is the likelihood of death or harm to a person, or\ndamage to property or the environment, from a hazard.\n\n","sortOrder":15},{"sectionNumber":"16","sectionType":"section","heading":"Reasonable steps for a risk","content":"16 Reasonable steps for a risk\n(1) A regulation may prescribe what are, or are not, reasonable steps in\nrelation to a risk.\n(2) However, if a regulation does not prescribe what are, or are not\nreasonable steps in relation to a risk, all of the following must be\nconsidered in working out whether reasonable steps have been taken\nto minimise the risk:\n(a) the seriousness of the risk;\n(b) the current state of knowledge about—\n(i) the hazard giving rise to the risk and the risk itself; and\n(ii) any ways of eliminating the hazard or minimising the risk;\n(c) the availability and suitability of ways to eliminate the hazard or\nminimise the risk;\n(d) the cost of eliminating the hazard or minimising the risk;\n(e) anything else prescribed by regulation.\n","sortOrder":16},{"sectionNumber":"17","sectionType":"section","heading":"Person in control for premises, plant etc","content":"17 Person in control for premises, plant etc\n(1) For this Act, a person in control is—\n(a) for the handling of a dangerous substance—anyone who has\ncontrol of the handling of the substance (including anyone with\nauthority to make decisions about the handling of the\nsubstance); or\n(b) for premises—anyone who has control of the premises\n(including anyone with authority to make decisions about the\nmanagement of the premises); or\n\n(c) for plant or a system for handling a dangerous substance—\nanyone who has control of the plant or system or the operation\nof the plant or system (including anyone with authority to make\ndecisions about the plant or system or the operation of the plant\nor system); or\n(d) for the design, manufacture, import or supply of plant or a\nsystem for handling a dangerous substance—anyone who has\ncontrol of the design, manufacture, import or supply of the plant\nor system (including anyone with authority to make decisions\nabout the design, manufacture, import or supply); or\n(e) anyone else prescribed by regulation.\nNote Plant includes a building or other structure (see dict).\n(2) To remove any doubt, more than 1 person may be a person in control\nfor a duty under this Act.\n","sortOrder":17},{"sectionNumber":"18","sectionType":"section","heading":"Responsible person for a dangerous substance","content":"18 Responsible person for a dangerous substance\n(1) For this Act, a person is a responsible person for a dangerous\nsubstance if the person is—\n(a) a person in control of the handling of the substance; or\n(b) a person in control of premises where the substance is handled;\nor\n(c) a person in control of plant or a system for handling the\n(2) To remove any doubt, more than 1 person may be a responsible\nperson for a duty under this Act.\n\n","sortOrder":18},{"sectionNumber":"19","sectionType":"section","heading":"What is a safety management system","content":"19 What is a safety management system\n(1) A safety management system for handling a dangerous substance is\na system that does each of the following:\n(a) identifies the hazards associated with the substance, having\nregard to the current state of knowledge about the hazards;\n(b) identifies and assesses the risks resulting from the identified\nhazards, having regard to the current state of knowledge about\nthe risks;\n(c) controls the risks by eliminating the hazards or, if this is not\nreasonably practicable, minimising the risks as far as reasonably\npracticable;\n(d) provides for how compliance with the system is to be\ndocumented;\n(e) complies with any requirement prescribed by regulation (either\nin addition to or instead of a requirement mentioned in\nparagraphs (a) to (d)).\nExample for par (e)\nA regulation may provide that a supplier of a stated dangerous substance may\nidentify the hazards associated with the substance, and identify and assess the risks\nresulting from the hazards, by reviewing the safety information supplied by the\nsubstance’s manufacturer under section 26 (1) (e) instead of complying with\nsubsections (2) and (3).\n(2) For subsection (1) (a), the matters that must be considered in\nidentifying the hazards include, for example—\n(a) the chemical and physical properties of the dangerous substance;\nand\n(b) any chemical and physical reactions that may happen if the\nsubstance comes into contact with other substances; and\n\n(c) the premises, plant and systems for handling the substance; and\n(d) anything else prescribed by regulation for this subsection.\nExamples for par (c)\n1 access to the premises or plant at the premises, including access by members\nof the public\n2 the design, physical location and arrangement of areas and plant\n3 the characteristics of the materials used in plant\n4 activities, systems of work and non-dangerous substances that could interact\nwith the substance\nNote Plant includes a building or other structure (see dict).\n(3) For subsection (1) (b), the matters that must be considered in\nidentifying and assessing the risks include, for example—\n(a) the matters mentioned in subsection (2); and\n(b) the consequences, at premises where the dangerous substance is\nto be handled and elsewhere, of incidents that may happen\nbecause of the handling of the substance at the premises; and\n(c) anything else prescribed by regulation for this subsection.\n(4) For subsection (1) (c), the matters that must be considered in\ncontrolling the risks include, for example—\n(a) implementing, operating, maintaining and repairing systems to\nensure the dangerous substance is handled safely; and\n(b) allocating responsibilities to people involved in the handling of\nthe substance to ensure the substance is handled safely; and\n(c) appropriately inducting or supervising people handling the\n\n(d) giving appropriate information, education and training to people\nhandling the substance about the hazards associated with the\nsubstance, and the risks resulting from them; and\n(e) anything else prescribed by regulation.\nExamples of systems for par (a)\n1 safe systems of work and safe handling systems\n2 security systems for premises where the substance is manufactured or stored\n3 a system to identify and rectify any incidents of noncompliance (including\nminimising any risks resulting from the noncompliance) with the safety\nmanagement system\n\nComplying with Act Part 2.3\n","sortOrder":19},{"sectionNumber":"20","sectionType":"section","heading":"Person may have more than 1 duty under Act","content":"20 Person may have more than 1 duty under Act\nTo remove any doubt, a person may be subject to more than 1 duty\nunder this Act.\nA supplier of a dangerous substance must comply with the general safety duty\napplying to everyone handling a dangerous substance (see s 23) and with the\nsupplier’s particular duties under section (2).\nIf the supplier is a person in control of premises, the supplier must also comply with\nthe safety duties of a person in control of premises (see s 31).\nor in force under the Act, any regulation and any law or instrument\napplied, adopted or incorporated by the Act (see Legislation Act, s 104).\n","sortOrder":20},{"sectionNumber":"21","sectionType":"section","heading":"Person not relieved of duty because someone else also","content":"21 Person not relieved of duty because someone else also\nhas same duty\n(1) This section applies if 2 or more people have the same duty under this\nAct.\n(2) To remove any doubt, each person must comply with the duty\nwhether or not someone else may also be required to comply with the\nduty.\n(3) However, if this Act requires or allows them to do something, it is\nsufficient if 1 of them does the thing.\nIf 2 people are in control of premises where a dangerous substance is handled, it is\nsufficient if 1 of them prepares the safety management system required under\nsection 31 (1). However, if the safety management system is not prepared, each of\nthem is responsible for the failure to comply with the duty to ensure that the safety\nmanagement system is prepared.\n\n","sortOrder":21},{"sectionNumber":"22","sectionType":"section","heading":"Incorporated documents and approved codes of practice","content":"22 Incorporated documents and approved codes of practice\nmay be considered\nAn incorporated document or approved code of practice applying to\na duty under this Act may be considered in deciding whether a person\nhas complied with the duty.\n\nApplication—ch 3 Part 3.1A\nChapter 3 Safety duties for dangerous\nPart 3.1A Application—ch 3\n22A Application\nThis chapter does not apply to asbestos or security sensitive\nsubstances.\nNote Other duties may apply under the Work Health and Safety Act 2011.\n\n","sortOrder":22},{"sectionNumber":"23","sectionType":"section","heading":"General safety duty of everyone involved in handling","content":"23 General safety duty of everyone involved in handling\ndangerous substances anywhere\n(1) Everyone involved in handling a dangerous substance must take all\nreasonable steps to minimise the risks resulting from handling the\nNote 2 Handling a dangerous substance includes importing, manufacturing,\nstoring, supplying, possessing, receiving or using the substance (see\ns 11).\n(2) To remove any doubt, this section applies to the handling of a\ndangerous substance whether or not the handling is a non-commercial\nhandling of the substance.\n","sortOrder":23},{"sectionNumber":"Div 3","sectionType":"division","heading":"1.2 Handling of dangerous substances in","content":"Division 3.1.2 Handling of dangerous substances in\ntrade or commerce\n","sortOrder":24},{"sectionNumber":"24","sectionType":"section","heading":"Application of div 3.1.2","content":"24 Application of div 3.1.2\nThis division does not apply in relation to the non-commercial\nhandling of a dangerous substance.\n\nHandling of dangerous substances in trade or commerce Division 3.1.2\n","sortOrder":25},{"sectionNumber":"25","sectionType":"section","heading":"Safety management system required for certain people in","content":"25 Safety management system required for certain people in\ncontrol of handling dangerous substances\n(1) This section applies to a person in control of—\n(a) the manufacture, import or supply of a dangerous substance; or\n(b) any other handling of a dangerous substance prescribed by\n(2) The person must—\n(a) ensure that a safety management system for handling the\ndangerous substance is prepared and documented; and\nNote 2 A person in control of premises is also required to have a safety\nmanagement system for the handling of dangerous substances at the\npremises (see s 31).\n","sortOrder":26},{"sectionNumber":"26","sectionType":"section","heading":"Particular safety duties of manufacturers","content":"26 Particular safety duties of manufacturers\n(1) A person in control of the manufacture of a dangerous substance\nmust—\n(a) ensure that the substance is correctly classified as soon as\npracticable after its manufacture, but before it is supplied to\nanyone after its manufacture; and\n\nDivision 3.1.2 Handling of dangerous substances in trade or commerce\ncondition that is safe for handling by anyone after its\nmanufacture; and\n(c) if the substance is packed by the manufacturer—ensure that the\nsubstance is correctly packed and labelled before the\nmanufacturer supplies it to anyone; and\n(d) if the substance is stored by the manufacturer—ensure that the\nmanufacturer correctly stores and placards the substance; and\nthe substance is prepared, kept up to date and supplied in\naccordance with the regulations.\n","sortOrder":27},{"sectionNumber":"27","sectionType":"section","heading":"Particular safety duties of importers","content":"27 Particular safety duties of importers\n(1) A person in control of the import of a dangerous substance must—\n(a) ensure that the substance is correctly classified before it is\nimported; and\ncondition that is safe for handling by anyone after its import; and\n(c) if the substance is packed by the importer—ensure that the\nsubstance is correctly packed and labelled before the importer\nsupplies it to anyone; and\n(d) if the substance is stored by the importer—ensure that the\nimporter correctly stores and placards the substance; and\n\nHandling of dangerous substances in trade or commerce Division 3.1.2\nthe substance is prepared, kept up to date and supplied in\naccordance with the regulations.\nNote 2 Import means import into the ACT (see dict).\n","sortOrder":28},{"sectionNumber":"28","sectionType":"section","heading":"Particular safety duties of suppliers","content":"28 Particular safety duties of suppliers\n(1) A person in control of the supply of a dangerous substance must—\n(a) ensure that the substance is correctly classified before the\nsupplier supplies it to anyone; and\ncondition that is safe for handling by anyone after the supplier\nsupplies it; and\n(c) ensure that the substance is correctly packed and labelled before\nthe supplier supplies it to anyone; and\n(d) if the substance is stored by the supplier—ensure that the\nsupplier correctly stores and placards the substance; and\nthe substance is prepared, kept up to date, supplied and made\navailable in accordance with the regulations.\n\nDivision 3.1.3 Premises where dangerous substances are handled in trade or\nDivision 3.1.3 Premises where dangerous\nsubstances are handled in trade or\n29 Application of div 3.1.3\n(1) This division does not apply in relation to the non-commercial\nhandling of a dangerous substance at premises.\nNote 2 For the meaning of non-commercial, see s 12.\n(2) If the premises are residential premises, this division does not apply\nto the part of the premises used for the non-commercial handling of\nthe substance.\nNote Premises includes any part of an area of land or a structure or vehicle (see\ndict).\n","sortOrder":29},{"sectionNumber":"30","sectionType":"section","heading":"Safety duties of everyone at premises","content":"30 Safety duties of everyone at premises\n(1) Everyone at premises where a dangerous substance is handled must\ntake all reasonable steps to minimise the risks resulting from the\nhandling of the substance at the premises.\nNote 2 At premises includes in or on the premises (see dict).\n(2) A person at premises where a dangerous substance is handled must—\n(a) comply with any requirement applying to the person under any\nsafety management system for the handling of the substance at\nthe premises; and\n\nPremises where dangerous substances are handled in trade or\nDivision 3.1.3\n(b) comply with any instructions relating to the safe handling of the\nsubstance at the premises given to the person by a responsible\nperson for the substance; and\n(c) comply with, or otherwise act in accordance with, notices and\nsigns (including placards and warning signs) at the premises\nrelating to safety or the substance; and\n(d) not remove, alter, damage, deface or cover any current label,\nnotice, sign or placard at the premises relating to safety or the\n(e) tell a responsible person for the substance about anything at the\npremises that the person believes is likely to cause a dangerous\noccurrence.\nExamples of things that might be reported for par (e)\n1 the misuse of the dangerous substance by someone\n2 an accident in relation to the handling of the dangerous substance\n3 faulty equipment used for handling the dangerous substance\n4 someone not following the requirements of a safety management system\nNote For the meaning of responsible person, see s 18.\n","sortOrder":30},{"sectionNumber":"31","sectionType":"section","heading":"Safety duties of people in control of premises","content":"31 Safety duties of people in control of premises\n(1) A person in control of premises where a dangerous substance is\nhandled must—\n(a) ensure that a safety management system for handling the\nsubstance at the premises is prepared and documented; and\n\nDivision 3.1.3 Premises where dangerous substances are handled in trade or\n(2) A person in control of premises where a dangerous substance is\nhandled must take all reasonable steps to ensure that—\n(a) the premises (including any plant or systems at the premises for\nhandling the substance) are safe to handle the substance; and\n(b) if the premises, or anything (including plant or equipment) at the\npremises, is to be disposed of—the premises or thing is, before\nits disposal, thoroughly cleaned so that it is free from the\nsubstance or is otherwise made safe; and\n(c) if the premises, or anything (including plant or equipment) at the\npremises, is no longer to be used for handling the substance—\nthe premises or thing is thoroughly cleaned so that it is free from\nthe substance or is otherwise made safe.\nNote 1 Premises includes land or a structure or vehicle and any part of an area\nof land or a structure or vehicle and at premises includes in or on the\npremises (see dict).\nNote 2 For other provisions relevant to the decontamination of land, see the\nEnvironment Protection Act 1997.\n\nDivision 3.1.4 Plant and systems for handling\ndangerous substances for trade or\n","sortOrder":31},{"sectionNumber":"32","sectionType":"section","heading":"Application of div 3.1.4","content":"32 Application of div 3.1.4\nThis division (other than section 33) does not apply in relation to plant\nor a system for the non-commercial handling of a dangerous\n","sortOrder":32},{"sectionNumber":"33","sectionType":"section","heading":"General safety duties for plant and systems","content":"33 General safety duties for plant and systems\n(1) Everyone involved in the design, manufacture, import, supply,\ninstallation, commissioning, operation, maintenance, repair,\ndecommissioning, dismantling or disposal of plant or a system for\nhandling a dangerous substance must take all reasonable steps to\nminimise the risks resulting from the handling of the substance by the\nplant or system.\nNote 1 Plant includes a building or other structure (see dict).\nNote 2 A failure to comply with this section may be an offence (see pt 3.2).\n(2) A person operating, maintaining or repairing the plant or system must\ntell a relevant person about—\n(a) anything in relation to the plant or system that the person\nbelieves is likely to cause a dangerous occurrence; and\n(b) anything else that the person believes is a defect in the plant or\nsystem.\n(3) To remove any doubt, this section applies to all plant and systems for\nhandling a dangerous substance, whether or not the handling is a non-\ncommercial handling of the substance.\n\nDivision 3.1.4 Plant and systems for handling dangerous substances for trade or\nrelevant person, for plant or a system, means—\n(a) a person in control of the plant or system; or\n(b) a person in control of the premises where the plant or system is\nlocated.\nNote For the meaning of person in control, see s 17.\n","sortOrder":33},{"sectionNumber":"34","sectionType":"section","heading":"Safety duties of people in control of plant and systems","content":"34 Safety duties of people in control of plant and systems\n(1) A person in control of plant or a system for handling a dangerous\nsubstance must—\n(a) ensure that a safety management system for the handling of the\nsubstance by the plant or system is prepared and documented;\nand\n(2) A person in control of plant or a system for handling a dangerous\nsubstance must—\n(a) take all reasonable steps to ensure that the plant or system is safe\nto handle the substance; and\n\n(b) take all reasonable steps to ensure that the plant or system is\ninstalled and operated safely, and appropriately maintained,\nrepaired and tested; and\nNote For requirements to provide information about the operation,\nmaintenance and repair of plant or a system, see s 35 (1) (b) and s 36 (b).\n(c) if the person becomes aware of a hazard or defect in relation to\nthe plant or system—\n(i) take all reasonable steps to ensure that the plant or system\nis operated, modified, maintained or repaired to eliminate\nthe hazard, correct the defect or minimise the risks\nresulting from the hazard or defect; and\n(ii) ensure that the supplier or manufacturer of the plant or\nsystem is told about the hazard or defect; and\n(iii) if the person is not the owner of the plant or system—\nensure that the owner of the plant or system is told about\nthe hazard or defect and its significance; and\n(d) if the plant or system, or a part of the plant or system, is to be\ndisposed of—take all reasonable steps to ensure that the plant or\nsystem (or part) is, before its disposal, thoroughly cleaned so\nthat it is free from the dangerous substance or is otherwise made\nsafe; and\n(e) if the plant or system, or a part of the plant or system, is no\nlonger to be used to handle the dangerous substance—take all\nreasonable steps to ensure that the plant or system (or part) is\nthoroughly cleaned so that it is free from the substance or is\notherwise made safe.\n\nDivision 3.1.4 Plant and systems for handling dangerous substances for trade or\n","sortOrder":34},{"sectionNumber":"35","sectionType":"section","heading":"Safety duties of people in control of design, manufacture,","content":"35 Safety duties of people in control of design, manufacture,\nimport and supply of plant and systems\n(1) A person in control of the design, manufacture, import or supply of\nplant or a system for handling a dangerous substance must—\n(a) take all reasonable steps to ensure that the plant or a system is\nsafe to handle the substance; and\n(b) if the person is a person in control of the supply of the plant or\nsystem—take all reasonable steps to ensure that appropriate\ninformation about the safe installation, operation, maintenance\nand repair of the plant or system is given to—\n(i) a person in control of the plant or system; and\n(ii) if the person mentioned in subparagraph (i) is not the\nowner—the owner of the plant or system; and\n(c) if the person (the appropriate person) becomes aware of a\nhazard or defect in relation to the plant or system—ensure that\nthe designated person is told—\n(i) about the hazard or defect and its significance; and\n(ii) how the plant or system may be operated, modified,\nmaintained or repaired to eliminate the hazard, correct the\ndefect or minimise the risks resulting from the hazard or\ndefect.\ndesignated person means—\n(a) if the appropriate person is a person in control of the design or\nimport of the plant or system—a person in control of the\nmanufacture of the plant or system; or\n\n(b) if the appropriate person is a person in control of the\nmanufacture of the plant or system—a person in control of the\ndesign or import (if any) of the plant or system; or\n(c) if the appropriate person is a person in control of the supply of\nthe plant or system—\n(i) a person in control of the manufacture or import (if any) of\nthe plant or system; and\n(ii) the person to whom the plant or system was supplied.\n","sortOrder":35},{"sectionNumber":"36","sectionType":"section","heading":"Safety duties of people in control of installation of plant","content":"36 Safety duties of people in control of installation of plant\nand systems\nA person in control of the installation of plant or a system to handle a\ndangerous substance must—\n(a) take all reasonable steps to ensure that the plant or system is safe\nto handle the substance; and\n(b) take all reasonable steps to ensure that appropriate information\nabout the safe operation, maintenance and repair of the plant or\nsystem is given to—\n(i) a person in control of the plant or system; and\n(ii) if the person mentioned in subparagraph (i) is not the\nowner—the owner of the plant or system; and\n(c) if the person becomes aware of a hazard or defect in relation to\nthe plant or system—ensure that a person in control of the plant\nor system is told—\n(i) about the hazard or defect and its significance; and\n\n(ii) how the plant or system may be operated, modified,\nmaintained or repaired to eliminate the hazard, correct the\ndefect or minimise the risks resulting from the hazard or\ndefect.\n","sortOrder":36},{"sectionNumber":"37","sectionType":"section","heading":"Application of div 3.1.5","content":"37 Application of div 3.1.5\n(1) This division does not apply in relation to the non-commercial\nhandling of a dangerous substance at premises.\nNote 2 For the meaning of non-commercial, see s 12.\n(2) If the premises are residential premises, this division does not apply\nto the part of the premises used for the non-commercial handling of\nthe substance.\nNote Premises includes any part of an area of land or a structure or vehicle (see\ndict).\n","sortOrder":37},{"sectionNumber":"38","sectionType":"section","heading":"Meaning of dangerous occurrence","content":"38 Meaning of dangerous occurrence\nIn this Act:\ndangerous occurrence means any of the following at premises used\nto handle a dangerous substance:\n(a) an incident causing or creating a substantial risk of—\n(i) death or serious harm to a person, whether at the premises\nor elsewhere; or\n(ii) substantial damage to property or the environment,\nwhether at the premises or elsewhere;\n(b) anything declared by regulation to be a dangerous occurrence;\n\nReporting of dangerous occurrences Division 3.1.5\n(c) any other incident involving a serious and immediate risk of\nanything mentioned in paragraph (a) or (b).\nExamples of incidents\n1 a spill or other loss of containment of a dangerous substance\n2 an uncontrolled emission of a dangerous substance\n3 a fire, explosion or release of energy\n","sortOrder":38},{"sectionNumber":"39","sectionType":"section","heading":"Person in control of premises—safety duty to report","content":"39 Person in control of premises—safety duty to report\nactual or likely dangerous occurrences\n(1) If a person in control of premises believes there is a substantial\nlikelihood of a dangerous occurrence happening at the premises, the\nperson must—\n(a) if the occurrence is likely to cause death or serious harm to a\nperson or substantial damage to property or the environment—\ntell the work health and safety commissioner about the person’s\nbelief immediately after the person forms the belief; and\n(b) in any other case—tell the work health and safety commissioner\nabout the person’s belief as soon as possible after the person\nforms the belief or, if a period is prescribed by regulation, within\nthe prescribed period.\n(2) A person in control of premises where a dangerous occurrence has\nhappened must tell the work health and safety commissioner about\nthe occurrence—\n(a) if the occurrence causes death or serious harm to a person or\nsubstantial damage to property or the environment—\nimmediately after the occurrence happens; and\n(b) in any other case—as soon as possible after the occurrence\nhappens or, if a period is prescribed by regulation, within the\nprescribed period.\n\n","sortOrder":39},{"sectionNumber":"40","sectionType":"section","heading":"Safety duties do not limit each other","content":"40 Safety duties do not limit each other\nTo remove any doubt, a duty under a provision of this part does not\nlimit the duties under another provision of this part.\nNote A person may be subject to more than 1 duty under this Act (see s 20).\n\n","sortOrder":40},{"sectionNumber":"Part 3","sectionType":"part","heading":"2 Failure to comply with safety","content":"Part 3.2 Failure to comply with safety\nduties\n","sortOrder":41},{"sectionNumber":"41","sectionType":"section","heading":"Meaning of safety duty for pt 3.2","content":"41 Meaning of safety duty for pt 3.2\nsafety duty means a duty under any of the following provisions:\n• section 23 (General safety duty of everyone handling dangerous\nsubstances anywhere)\n• section 25 (Safety management system required for certain\npeople in control of handling dangerous substances)\n• section 26 (Particular safety duties of manufacturers)\n• section 27 (Particular safety duties of importers)\n• section 28 (Particular safety duties of suppliers)\n• section 30 (Safety duties of everyone at premises)\n• section 31 (Safety duties of people in control of premises)\n• section 33 (General safety duties for plant and systems)\n• section 34 (Safety duties of people in control of plant and\nsystems)\n• section 35 (Safety duties of people in control of design,\nmanufacture, import and supply of plant and systems)\n• section 36 (Safety duties of people in control of installation of\nplant and systems)\n• section 39 (Person in control of premises—safety duty to report\nactual or likely dangerous occurrences).\n\n","sortOrder":42},{"sectionNumber":"42","sectionType":"section","heading":"Failure to comply with safety duty—general offence","content":"42 Failure to comply with safety duty—general offence\n(b) the person fails to comply with the safety duty.\n","sortOrder":43},{"sectionNumber":"43","sectionType":"section","heading":"Failure to comply with safety duty—exposing people to","content":"43 Failure to comply with safety duty—exposing people to\nsubstantial risk of death or serious harm\n(c) the failure exposes anyone to a substantial risk of death or\nserious harm; and\n(i) was reckless about whether the failure would expose\nanyone to a substantial risk of death or serious harm; or\n(ii) was negligent about whether the failure would expose\nanyone to a substantial risk of death or serious harm.\nMaximum penalty: 1 500 penalty units, imprisonment for 5 years or\n\n","sortOrder":44},{"sectionNumber":"44","sectionType":"section","heading":"Failure to comply with safety duty—causing death or","content":"44 Failure to comply with safety duty—causing death or\nserious harm to people\n(c) the failure causes the death of or serious harm to anyone; and\n(i) was reckless about whether the failure would cause the\ndeath of or serious harm to anyone; or\n(ii) was negligent about whether the failure would cause the\ndeath of or serious harm to anyone.\n","sortOrder":45},{"sectionNumber":"45","sectionType":"section","heading":"Failure to comply with safety duty—exposing property or","content":"45 Failure to comply with safety duty—exposing property or\nenvironment to substantial risk of substantial damage\n(c) the failure exposes property or the environment to a substantial\nrisk of substantial damage; and\n(i) was reckless about whether the failure would expose\nproperty or the environment to a substantial risk of\nsubstantial damage; or\n\n(ii) was negligent about whether the failure would expose\nproperty or the environment to a substantial risk of\nsubstantial damage.\nMaximum penalty: 1 000 penalty units, imprisonment for 3 years or\nSarah dumps arsenic in a stormwater drain. She is reckless about whether she is\nexposing the environment to a substantial risk of contamination. Sarah commits an\noffence against this section because arsenic is a dangerous substance and, under the\ngeneral safety duty of everyone involved in handling a dangerous substance, she\nmust take all reasonable steps to minimise the risks resulting from handling the\nsubstance (see s 23 and s 41). Handling a dangerous substance includes disposing\nof the substance (see s 11). Sarah has exposed the ACT’s waterways to a substantial\nrisk of contamination.\n","sortOrder":46},{"sectionNumber":"46","sectionType":"section","heading":"Failure to comply with safety duty—causing substantial","content":"46 Failure to comply with safety duty—causing substantial\ndamage to property or environment\n(c) the failure causes substantial damage to property or the\nenvironment; and\n(i) was reckless about whether the failure would cause\nsubstantial damage to property or the environment; or\n(ii) was negligent about whether the failure would cause\nsubstantial damage to property or the environment.\nMaximum penalty: 1 500 penalty units, imprisonment for 5 years or\n\n","sortOrder":47},{"sectionNumber":"47","sectionType":"section","heading":"Alternative verdicts for failure to comply with safety","content":"47 Alternative verdicts for failure to comply with safety\nduties\n(1) This section applies if, in a prosecution for an offence for a failure to\ncomply with a safety duty, the trier of fact—\n(a) is not satisfied beyond reasonable doubt that the defendant is\nguilty of the offence; but\n(b) is satisfied beyond reasonable doubt that the defendant is guilty\nof an alternative offence.\n(2) The trier of fact may find the defendant guilty of the alternative\noffence, but only if the defendant has been given procedural fairness\nin relation to the finding of guilt.\nalternative offence, for an offence mentioned in table 47, column 2,\nmeans an offence mentioned in column 3 for the offence.\nTable 47 Alternative verdicts\ncolumn 1\nitem\ncolumn 2\nprosecuted offence\ncolumn 3\nalternative offence\n1 section 42 (which is about failing to\ncomply with a safety duty)\nsection 63 (Failure to comply with\nconditions of licence)\n2 section 43 (which is about exposing a\nperson to substantial risk of death or\nserious harm)\n3 section 44 (which is about causing\ndeath or serious harm to a person)\nsection 43\n\ncolumn 1\nitem\ncolumn 2\nprosecuted offence\ncolumn 3\nalternative offence\n4 section 45 (which is about exposing\nproperty or the environment to\nsubstantial risk of substantial damage)\n5 section 46 (which is about causing\nsubstantial damage to property or the\nenvironment)\nsection 45\n\nPreliminary Part 3A.1\nNote Chapter 6 provides compliance measures for contraventions of the Act.\n","sortOrder":48},{"sectionNumber":"47I","sectionType":"section","heading":"Definitions—ch 3A","content":"47I Definitions—ch 3A\naffected building means a building that contains or has contained\nloose-fill asbestos insulation.\naffected residential premises—\n(a) means residential premises on which there is or was an affected\nbuilding; but\n(b) does not include premises if the premises have been—\n(i) removed from the affected residential premises register; or\n(ii) acquired by the Territory under the buyback scheme or the\nLands Acquisition Act 1994.\naffected residential premises register—see section 47P.\napproved occupant—see section 47T (1).\nasbestos assessment report—see section 47K.\nasbestos contamination means loose-fill asbestos contaminated dust\nor debris.\nasbestos contamination report—see section 47J.\nbuilding work—see the Building Act 2004, section 6.\nbuyback scheme means the scheme involving the acquisition by the\nTerritory of residential premises that contain or have contained\nloose-fill asbestos insulation.\n\nclass, of building—see the Building Act 2004, dictionary.\ncurrent asbestos contamination report—see section 47J.\nlicensed asbestos removalist—see the Work Health and Safety\nRegulation 2011, dictionary.\nloose-fill asbestos insulation means loose-fill amosite or crocidolite\nasbestos used as ceiling insulation.\nowner, of affected residential premises—\n(a) means the person who is registered under the Land Titles\nAct 1925 as the proprietor of the lease for the residential\n(b) includes any person registered as a joint tenant or tenant in\ncommon in relation to the lease.\nregulator means the director-general of the administrative unit\nresponsible for the Work Health and Safety Act 2011.\nresidential premises—\n(a) means a parcel of land on which there is or was a class 1 or\nclass 2 building; and\n(b) includes any buildings on the land.\n","sortOrder":49},{"sectionNumber":"47J","sectionType":"section","heading":"Meaning of asbestos contamination report and current","content":"47J Meaning of asbestos contamination report and current\nasbestos contamination report\n(1) For this chapter, an asbestos contamination report is a report\nprepared by a licensed asbestos assessor about asbestos\ncontamination at affected residential premises that—\n(a) expires after—\n(i) a defined period stated by the assessor in the report; or\n\nPreliminary Part 3A.1\n(ii) any building work at, or structural damage to, an affected\nbuilding at the premises that may have disturbed asbestos\ncontamination in the roof space, wall cavity or sub-floor\narea of the building; and\nExamples—structural damage\n1 fire damage\n2 dislodged fixture or fitting\n3 hole in ceiling, wall or floor\n(b) complies with any requirements prescribed by regulation.\n(2) For this chapter, a current asbestos contamination report is an\nasbestos contamination report for affected residential premises that\nhas not expired.\ndefined period means a period of not less than 6 months and not more\nthan 2 years.\n","sortOrder":50},{"sectionNumber":"47K","sectionType":"section","heading":"Meaning of asbestos assessment report","content":"47K Meaning of asbestos assessment report\nFor this chapter, an asbestos assessment report is a report prepared\nby a licensed asbestos assessor about residential premises that—\n(a) identifies the location, type and condition of asbestos in relation\nto the premises; and\n(b) assesses the risk resulting from the identified asbestos; and\n(c) advises how the asbestos should be managed; and\n(d) includes anything required by regulation to be included in the\nreport.\n\n","sortOrder":51},{"sectionNumber":"Part 3A","sectionType":"part","heading":"2 Asbestos—assessments and","content":"Part 3A.2 Asbestos—assessments and\nregister etc\n","sortOrder":52},{"sectionNumber":"47L","sectionType":"section","heading":"Duty to publish educational material","content":"47L Duty to publish educational material\nThe Minister must publish educational material to increase public\nawareness about risks associated with asbestos.\n","sortOrder":53},{"sectionNumber":"47M","sectionType":"section","heading":"Asbestos advice","content":"47M Asbestos advice\n(1) The Minister must prepare an advice about the likely location of\nasbestos in buildings built, or the building of which started, before\n1990.\n(2) An advice is a notifiable instrument.\n","sortOrder":54},{"sectionNumber":"47N","sectionType":"section","heading":"Requirement to give asbestos assessment report","content":"47N Requirement to give asbestos assessment report\n(a) there is an asbestos assessment report for residential premises;\nand\n(b) a person (the engager) engages someone (the worker) to\nundertake work involving asbestos at the premises.\n(2) The engager must—\n(a) tell the worker about the asbestos at the premises; and\n(b) give the worker a copy of the asbestos assessment report for the\n(3) However, the engager need not give the worker a copy of the asbestos\nassessment report for the premises—\n(a) if the engager cannot obtain a copy of the report after taking\nreasonable steps; or\n(b) if the work is a response to an emergency situation.\n\nAsbestos—assessments and register etc Part 3A.2\nasbestos containing material means any material or thing that, as part\nof its design, contains asbestos.\ninvolves—work involves asbestos if the work involves supplying,\ntransporting, storing, removing, using, installing, handling, treating,\ndisposing of or disturbing asbestos or asbestos containing material.\n","sortOrder":55},{"sectionNumber":"47O","sectionType":"section","heading":"Requirements—affected residential premises","content":"47O Requirements—affected residential premises\n(1) The owner of affected residential premises must have a current\nasbestos contamination report for the premises.\n(2) A person (the engager) who engages someone (the worker) to\nundertake work at affected residential premises must—\n(a) tell the worker about the asbestos at the premises; and\n(b) give the worker a copy of the current asbestos contamination\nreport for the premises.\n(3) A person who undertakes, or engages a person to undertake, work that\nmay disturb asbestos contamination in the defined areas of an affected\nbuilding at affected residential premises, must tell the regulator about\nthe work at least 5 business days before the day the work begins.\n(4) A regulation may prescribe requirements for the following in relation\nto the management of asbestos contamination at affected residential\npremises:\n(a) the regulator;\n(b) the owner of affected residential premises;\n(c) a property manager of, or real estate agent for, affected\nresidential premises;\n(d) the occupier of affected residential premises;\n(e) a licensed asbestos assessor;\n\n(f) a licensed asbestos removalist;\n(g) a worker or other person at affected residential premises.\nExamples—requirements\n1 undertaking work required under an asbestos contamination report\n2 complying with any other requirements under an asbestos contamination\nreport including installing warning signs at affected residential premises\n3 displaying a copy of an asbestos contamination report at affected residential\npremises\n4 giving a copy of an asbestos contamination report and any related documents\nto the people mentioned in pars (a) to (g)\n(5) In this section:\ndefined areas, in relation to an affected building, means the roof\nspace, wall cavity or sub-floor area of the building.\n","sortOrder":56},{"sectionNumber":"47P","sectionType":"section","heading":"Affected residential premises register","content":"47P Affected residential premises register\n(1) The Minister must keep a register of affected residential premises (the\naffected residential premises register).\n(2) The Minister must include the following details in relation to affected\nresidential premises in the register:\n(a) the address where the premises are located;\n(b) the block and section;\n(c) the date the premises were included in the register;\n(d) whether the premises have been acquired by the Territory under\nthe buyback scheme or the Lands Acquisition Act 1994;\n(e) whether the premises require a current asbestos contamination\nreport;\n\nAsbestos—assessments and register etc Part 3A.2\n(f) whether—\n(i) the premises have a current asbestos contamination report;\nand\n(ii) any work mentioned in the report to manage the asbestos\ncontamination has been completed;\n(g) whether the premises are subject to an occupancy prohibition,\nand, if so—\n(i) whether an approved occupant is occupying the premises;\nand\n(ii) if an approved occupant is occupying the premises—the\nname of the approved occupant.\nNote An approved occupant may occupy affected residential premises\nthat are subject to an occupancy prohibition (see s 47U).\n(3) The Minister must remove all details about affected residential\npremises from the register if—\n(a) each affected building at the premises has been demolished; and\n(b) the Minister is satisfied that the premises have been remediated.\n(4) The register may be kept in any form, including electronically, that\nthe Minister decides.\n(5) The Minister may make the register, or part of the register, publicly\navailable (other than matters mentioned in subsection (2) (g)).\nExample—publicly available\npublished on an ACT Government website\n(6) In this section:\naffected residential premises means residential premises on which\nthere is or was an affected building.\n\n","sortOrder":57},{"sectionNumber":"47Q","sectionType":"section","heading":"Notice of affected residential premises to","content":"47Q Notice of affected residential premises to\nregistrar-general\nThe Minister must, as soon as possible after including or removing\ndetails of residential premises in or from the affected residential\npremises register, tell the registrar-general about the inclusion or\nremoval.\nNote An administrative interest may be placed on the title for affected\nresidential premises that includes noting that the premises will be subject\nto an occupancy prohibition following the transfer or transmission of the\npremises (see Land Titles Act 1925, s 69A (c)).\n\nOccupancy prohibition Part 3A.3\n","sortOrder":58},{"sectionNumber":"47R","sectionType":"section","heading":"Definitions—pt 3A.3","content":"47R Definitions—pt 3A.3\noccupy—a person occupies affected residential premises if the person\nhas the premises as their principal place of residence.\ntransfer—see the Land Titles Act 1925, dictionary.\ntransmission—see the Land Titles Act 1925, dictionary.\n","sortOrder":59},{"sectionNumber":"47S","sectionType":"section","heading":"Meaning of occupancy prohibition","content":"47S Meaning of occupancy prohibition\nThe occupation of affected residential premises is prohibited (an\noccupancy prohibition) if—\n(a) there has been a transfer or transmission of the premises on or\nafter 1 July 2020; and\n(b) the premises were included in the affected residential premises\nregister before the transfer or transmission of the premises.\nNote An approved occupant may occupy affected residential premises that are\nsubject to an occupancy prohibition (see s 47U).\n","sortOrder":60},{"sectionNumber":"47T","sectionType":"section","heading":"Meaning of approved occupant","content":"47T Meaning of approved occupant\n(1) In this chapter:\napproved occupant, of affected residential premises, means—\n(a) an individual (a resident) who has occupied the premises\ncontinuously on and after the day it was added to the affected\nresidential premises register; or\n(b) an individual (a support person) who, upon application, is\napproved by the Minister to occupy the premises to provide\nsupport to a resident.\n\n(2) Before making a decision under subsection (1), definition of\napproved occupant, paragraph (b), the Minister must consider\nwhether—\n(a) the support is reasonably necessary for the ongoing physical or\nemotional care of the resident; and\n(b) it is reasonably necessary for the support person to occupy the\npremises to provide the support.\n(3) The Minister must give a written copy of the approval or refusal of\nthe support person’s occupancy of the premises to the applicant\nwithin 28 days after receiving the application.\n(4) If the Minister has not given a written copy of the approval or refusal\nto the applicant within 28 days after receiving the application, the\nMinister is taken to have refused the application.\n","sortOrder":61},{"sectionNumber":"47U","sectionType":"section","heading":"Occupancy prohibition—affected residential premises","content":"47U Occupancy prohibition—affected residential premises\n(1) The owner of affected residential premises that are subject to an\noccupancy prohibition must ensure that the premises are not occupied\nby a person other than an approved occupant of the premises.\nNote A residential tenancy agreement for affected residential premises may be\nterminated under the Residential Tenancies Act 1997, s 64AA.\n(2) The owner of affected residential premises commits an offence if—\n(a) the premises are subject to an occupancy prohibition; and\n(b) there was an administrative interest under the Land Titles\nAct 1925, section 69A (c) (i) or (iii) on the title for the premises\nwhen the premises were transferred or transmitted to the owner;\nand\n(c) the owner fails to comply with subsection (1) in relation to the\n\nOccupancy prohibition Part 3A.3\n","sortOrder":62},{"sectionNumber":"47V","sectionType":"section","heading":"Owner must notify regulator of approved occupants","content":"47V Owner must notify regulator of approved occupants\nThe owner of affected residential premises that are subject to an\noccupancy prohibition following a transfer or transmission of the\npremises must tell the regulator in writing—\n(a) that an approved occupant occupies the premises within\n10 business days after—\n(i) for an approved occupant who occupied the premises on\nthe day of the transfer or transmission—the day of the\ntransfer or transmission; or\n(ii) for an approved occupant who occupied the premises after\nthe day of the transfer or transmission—the day the\noccupation began; or\n(b) that an approved occupant has stopped occupying the premises\nwithin 10 business days after the day the occupation ends.\n\n","sortOrder":63},{"sectionNumber":"Part 4","sectionType":"part","heading":"Licences for dangerous","content":"Chapter 4 Licences for dangerous\nNote 1 A regulation may prescribe when a person is required to hold a licence\n(or some other form of authority) to handle a dangerous substance (see\ns 214 (for explosives), s 215 (1) (a) and s 217).\nNote 2 If a person handles a dangerous substance without a licence it may be an\noffence under ch 5.\n","sortOrder":64},{"sectionNumber":"48","sectionType":"section","heading":"Meaning of close associate for ch 4","content":"48 Meaning of close associate for ch 4\n(1) In this chapter:\nclose associate—a person is a close associate of someone (the related\nperson) if—\n(a) the person holds or will hold an executive position (however\ndescribed) in the related person’s business; or\n(b) the work health and safety commissioner is satisfied that the\nperson is or will be able to exercise a significant influence in\nrelation to the conduct of the related person’s business because\nthe person holds or will hold a financial interest, or is entitled to\nexercise a relevant power, in the business.\nexecutive position—a position (however described) in the related\nperson’s business is an executive position if the holder of the position\nis concerned with, or takes part in, the management of the business.\nexercise a power includes exercise the power on behalf of someone\nelse.\nfinancial interest, in a business, means—\n(a) a share in the capital of the business; or\n\n(b) an entitlement to receive income derived from the business,\nhowever the entitlement arises.\nhold a position includes hold the position on behalf of someone else.\npower means a power exercisable—\n(a) by voting or otherwise; and\n(b) alone or with others.\nrelevant power, in a business, means a power—\n(a) to take part in a directorial, managerial or executive decision for\nthe business; or\n(b) to elect or appoint a person to an executive office in the business.\n","sortOrder":65},{"sectionNumber":"49","sectionType":"section","heading":"Working out whether person is a suitable person","content":"49 Working out whether person is a suitable person\n(1) The work health and safety commissioner must have regard to the\nfollowing matters in deciding whether a person is a suitable person\nto be issued with, or continue to hold, a licence:\n(a) the knowledge, experience and training of the person in relation\nto the kinds of dangerous substances to which the application\nrelates;\n(b) whether the person or a close associate of the person, or a\nexecutive officer, has supplied information or a document that\nis false or misleading in a material particular in relation to this\nAct;\n(c) whether the person or a close associate of the person, or a\ncorporation of which the person was an executive officer, is\ndisqualified under the Act or a corresponding law from holding\na licence;\n\n(d) whether the person or a close associate of the person, or a\nexecutive officer—\n(i) has contravened this Act or a corresponding law, whether\nor not the person, associate or corporation has been\nconvicted or found guilty of an offence for the\ncontravention; or\n(ii) has failed to comply with a condition of a licence under\nthis Act or a licence or other authority (however described)\nunder a corresponding law, whether or not the person,\nassociate or corporation has been convicted or found guilty\nof an offence for the failure;\n(e) any action being taken against the person or a close associate of\nthe person under part 4.4 (Disciplinary action);\n(f) whether the person or a close associate of the person, or a\nexecutive officer, has been convicted or found guilty in the ACT\nor elsewhere, within the 5-year period before the day the\napplication is made, of an offence involving a dangerous\nsubstance;\n(g) whether the person or a close associate of the person has been\nconvicted or found guilty in the ACT or elsewhere, within the 5-\nyear period before the day the application is made, of an offence\ninvolving—\n(i) a firearm; or\n(ii) actual or threatened violence; or\n(iii) fraud or dishonesty;\n\n(h) whether the person or a close associate of the person has, within\nthe 5-year period before the day the application is made, been\nsubject to a protection order or corresponding protection order\n(other than an order that has been revoked or for which an appeal\nagainst the making of the order has been upheld);\n(i) anything prescribed by regulation.\nNote 1 For the meaning of found guilty, see the Legislation Act, dict, pt 1.\ncorresponding protection order means an order (however described)\nunder a law of the Commonwealth, a State, another Territory or New\nZealand that has the same effect or substantially the same effect as a\nprotection order.\nprotection order means a final order under—\n(a) the Family Violence Act 2016; or\n(b) the Personal Violence Act 2016.\n","sortOrder":66},{"sectionNumber":"50","sectionType":"section","heading":"Applications for licences etc to comply with Act","content":"50 Applications for licences etc to comply with Act\n(1) This section applies to—\n(a) an application for a licence; or\n(b) an application by a licensee to amend the licence; or\n(c) any other application prescribed by regulation in relation to a\nlicence.\n\n(2) The application must include any information or documents\n(including information or documents verified in a particular way)\nrequired by regulation or by a form approved under section 222 for\nthe application.\n(3) The work health and safety commissioner need not decide the\napplication if it does not include the required information and\ndocuments.\n","sortOrder":67},{"sectionNumber":"51","sectionType":"section","heading":"Power to ask for information from applicants, licensees","content":"51 Power to ask for information from applicants, licensees\nand others\ndesignated matter means—\n(a) an application for a licence; or\n(b) an application by a licensee to amend the licence; or\n(c) a change of the kind to which section 57 (2) (Licensee to keep\nwork health and safety commissioner informed) applies; or\n(d) anything else prescribed by regulation.\nthird party, for an applicant for a licence or a licensee—a person is a\nthird party if the work health and safety commissioner believes on\nreasonable grounds that the person has an association or connection\nwith the applicant or licensee that is relevant to the consideration of a\ndesignated matter.\n(2) The work health and safety commissioner may, by written notice\ngiven to an applicant for a licence or a licensee, ask the person to do\n1 or more of the following:\n(a) give, in accordance with any directions in the notice, stated\ninformation (including information in the possession of or under\nthe control of a third party), verified as stated in the notice, that\nis relevant to the consideration of the designated matter in\nrelation to the person;\n\n(b) produce, in accordance with any directions in the notice, stated\ndocuments (including documents in the possession of or under\nthe control of a third party) relevant to the consideration of the\ndesignated matter in relation to the person and allow\nexamination of the documents, the taking of extracts from them\nand the making of copies of them;\n(c) authorise a third party stated in the notice to comply with a stated\nrequest of a kind mentioned in paragraph (a) or (b);\n(d) give the work health and safety commissioner the authorities\nand consents that the work health and safety commissioner asks\nfor to allow the work health and safety commissioner to obtain\nfrom other people information (including financial and other\nconfidential information) that is—\n(i) about the person or a close associate of the person; and\n(ii) relevant to the consideration of the designated matter in\nrelation to the person.\n1 the notice may ask the person to give information by preparing a document in\na stated way or by completing a document provided by the work health and\n2 the notice may ask the person to give the work health and safety commissioner\ninformation about a close associate and that the information be verified by a\nsigned statement\nExample for par (b)\na statement supplied by a police officer about the applicant’s criminal history (if\nany)\nExample for par (c)\nThe notice may ask the applicant to authorise the applicant’s accountant, or a former\nclose associate, to give the work health and safety commissioner stated information\nor documents about the applicant.\n\n(3) If the work health and safety commissioner asks for something under\nthis section in relation to an application, the work health and safety\ncommissioner need not decide the application until the request is\ncomplied with.\n\nPart 4.2 Issue, amendment, replacement\nand surrender of licences\n","sortOrder":68},{"sectionNumber":"52","sectionType":"section","heading":"Licence application and decision","content":"52 Licence application and decision\n(1) A person may apply to the work health and safety commissioner for\na licence.\n(2) The work health and safety commissioner must issue the licence to\nthe person if satisfied that—\n(a) the person is a suitable person to hold the licence; and\n(b) the person can comply with this Act in relation to the activities\nto be authorised by the licence.\n(3) The work health and safety commissioner must refuse to issue the\nlicence if the work health and safety commissioner is not satisfied\nabout the matters mentioned in subsection (2).\nNote Section 50 (3) and s 51 (3) contain exceptions to this section.\n","sortOrder":69},{"sectionNumber":"53","sectionType":"section","heading":"Licence conditions","content":"53 Licence conditions\n(1) The work health and safety commissioner may include conditions in\na licence to protect the health and safety of people, and property and\nthe environment from damage, from hazards associated with, or risks\nresulting from, the dangerous substances to which the licence applies.\n(2) A licence is subject to—\n(a) any conditions included in the licence by the work health and\nsafety commissioner; and\n(b) any conditions prescribed by regulation.\n\n","sortOrder":70},{"sectionNumber":"54","sectionType":"section","heading":"Term of licence","content":"54 Term of licence\n(1) A licence is issued for the period stated in the licence.\n(2) A licence may not be issued for longer than 3 years, or any shorter\nperiod prescribed by regulation.\n","sortOrder":71},{"sectionNumber":"55","sectionType":"section","heading":"Licence not transferable","content":"55 Licence not transferable\nA licence is not transferable.\n","sortOrder":72},{"sectionNumber":"56","sectionType":"section","heading":"Form of licence","content":"56 Form of licence\n(1) A licence must show the following information:\n(a) the full name of the licensee;\n(b) if appropriate—\n(i) details of the premises where the licensee is authorised to\ncarry out activities under the licence; and\n(ii) the address of the premises or, if the premises are a vehicle,\nany information prescribed by regulation for the vehicle;\n(c) the dangerous substances to which the licence relates;\n(d) the kinds of handling of dangerous substances authorised under\nthe licence (each of which is a handling authority);\n(e) any conditions included in the licence by the work health and\nsafety commissioner;\n(f) any exemption given by the Minister or work health and safety\ncommissioner under this Act that is relevant to the licence;\n(g) a unique identifying number;\n\n(h) when the term of the licence ends.\nExample for par (d)\nA licence may authorise a person to manufacture a dangerous substance and to\nimport other dangerous substances (the other dangerous substances are necessary\nto manufacture the dangerous substance). The licence also authorises the person to\nstore the imported and manufactured dangerous substances and to supply the\nmanufactured dangerous substance.\n(2) A licence may also include any other information the work health and\nsafety commissioner considers appropriate.\n","sortOrder":73},{"sectionNumber":"57","sectionType":"section","heading":"Licensee to keep work health and safety commissioner","content":"57 Licensee to keep work health and safety commissioner\ninformed\n(1) This section applies if a person believes that there will be a change to\nanything stated in—\n(a) a licence held by the person; or\n(b) the application for the licence made by the person; or\n(c) an application to amend the licence made by the person.\nNote If a person fails to comply with this section the work health and safety\ncommissioner may take disciplinary action under pt 4.4 (see s 67).\n(2) The person must—\n(a) give the work health and safety commissioner written notice of\nthe change no later than 7 days before the day the change\nhappens; and\n(b) if the change affects a particular shown on the licence—return\nthe licence to the work health and safety commissioner with the\nnotice.\nExamples of changes\n1 a change in a licensee’s close associates\n2 a structural change in premises relevant to handling a dangerous substance\n\n(3) If the change affects a particular shown on a licence, the work health\nand safety commissioner must amend the licence or issue another\nlicence for the remainder of the period of the licence it replaces.\n(4) However, subsection (3) does not apply if the work health and safety\ncommissioner is taking, or considering whether to take, action under\npart 4.4 (Disciplinary action) in relation to the licensee because of the\nchange.\n","sortOrder":74},{"sectionNumber":"58","sectionType":"section","heading":"Licence—application to amend by licensee","content":"58 Licence—application to amend by licensee\n(1) A licensee may apply to the work health and safety commissioner to\namend the licence.\nExamples of amendments\n1 to amend or revoke a condition included in the licence by the work health and\n2 to change the premises where activities may be carried out under the licence\n(2) The work health and safety commissioner must amend the licence if,\nassuming that the application to amend were an application under\nsection 52 (Licence application and decision) for a licence that\nincluded the proposed amendment, the work health and safety\ncommissioner would be required to issue a licence.\nNote 1 For the return of the licence to the work health and safety commissioner,\nsee s 64.\nNote 2 Pt 4.1 applies to the consideration of the application.\n(3) If subsection (2) does not apply, the work health and safety\ncommissioner must refuse the application to amend the licence.\n\n","sortOrder":75},{"sectionNumber":"59","sectionType":"section","heading":"Licence—imposition etc of conditions on work health and","content":"59 Licence—imposition etc of conditions on work health and\nsafety commissioner’s initiative\n(1) This section applies to a licensee if the work health and safety\ncommissioner proposes, on the work health and safety\ncommissioner’s own initiative, to amend the licence to impose a\ncondition, or to amend or revoke a condition included in the licence\nby the work health and safety commissioner (the proposed action).\n(2) The work health and safety commissioner must give the licensee a\nwritten notice stating—\n(a) the proposed action; and\n(b) if the proposed action is to impose a condition—the proposed\ncondition; and\n(c) if the proposed action is to amend a condition—the condition as\nproposed to be amended; and\n(d) an explanation for the proposed action; and\n(e) that the licensee may, within 14 days after the day the licensee\nreceives the notice, give a written response to the work health\nand safety commissioner about the notice.\n(3) In deciding whether to take the proposed action, the work health and\nsafety commissioner must consider any response given to the work\nhealth and safety commissioner in accordance with the notice.\n(4) The work health and safety commissioner must give the licensee\nwritten notice of the work health and safety commissioner’s decision.\n(5) If the work health and safety commissioner decides to take the\nproposed action, the work health and safety commissioner’s decision\ntakes effect 14 days after the day when notice of the decision is given\nto the licensee or, if the notice states a later date of effect, that date.\n\n(6) If the licence is amended, the work health and safety commissioner\nmust, as soon as practicable after the licence has been returned to the\nwork health and safety commissioner, amend the licence or give the\nlicensee a replacement licence showing the amendment.\nNote The licensee must return the licence to the work health and safety\ncommissioner for amendment (see s 64).\n(7) This section does not affect the taking of action under part 4.4\n(Disciplinary action).\n","sortOrder":76},{"sectionNumber":"60","sectionType":"section","heading":"Replacement of licence","content":"60 Replacement of licence\n(1) The work health and safety commissioner may issue a replacement\nlicence to a licensee if satisfied that the licence has been lost, stolen\nor destroyed.\n(2) For subsection (1), the work health and safety commissioner may\nrequire the licensee to give the work health and safety commissioner\na statement signed by the licensee, verifying that the licence has been\nlost, stolen or destroyed.\n(3) A licence issued under this section must be issued for the remainder\nof the period of the licence it replaces.\n","sortOrder":77},{"sectionNumber":"61","sectionType":"section","heading":"Surrender of licence","content":"61 Surrender of licence\n(1) A licensee may apply to the work health and safety commissioner to\nsurrender the licensee’s licence.\n(2) The licensee must, with the application—\n(a) return the licence to the work health and safety commissioner;\nor\n\n(b) if the licence has been lost, stolen or destroyed—give the work\nhealth and safety commissioner a statement signed by the\nlicensee, verifying that the licence has been lost, stolen or\ndestroyed.\n","sortOrder":78},{"sectionNumber":"62","sectionType":"section","heading":"Work health and safety commissioner may ask for","content":"62 Work health and safety commissioner may ask for\ninformation etc from licensee\n(1) This section applies if a change mentioned in section 57 (1) (Licensee\nto keep work health and safety commissioner informed) happens in\nrelation to a licence, whether or not the licensee gives notice of the\nchange to the work health and safety commissioner under section 57.\n(2) To decide whether, because of the change, the licensee has ceased to\nbe a suitable person to hold the licence or has failed, or is failing, to\ncomply with this Act, the work health and safety commissioner may\ngive the licensee a notice under section 51 (Power to ask for\ninformation from applicants, licensees and others).\n(3) The licensee must comply with a notice given to the licensee under\nsection 51.\n\n","sortOrder":79},{"sectionNumber":"63","sectionType":"section","heading":"Failure to comply with conditions of licence","content":"63 Failure to comply with conditions of licence\n(1) A licensee commits an offence if—\n(a) the licensee’s licence is subject to a condition; and\n(b) the licensee fails to comply with a requirement of the condition.\n","sortOrder":80},{"sectionNumber":"64","sectionType":"section","heading":"Return of amended, suspended or cancelled licences","content":"64 Return of amended, suspended or cancelled licences\n(1) A licensee commits an offence if—\n(a) the licensee’s licence is—\n(i) amended under section 58 (Licence—application to amend\nby licensee); or\n(ii) amended under section 59 (Licence—imposition etc of\nconditions on work health and safety commissioner’s\ninitiative); or\n(iii) amended, suspended or cancelled under part 4.4\n(Disciplinary action); and\n(b) the licensee fails to return the licence to the work health and\nsafety commissioner as soon as practicable (but within 7 days)\nafter the day the licensee is told about the work health and safety\ncommissioner’s action.\n\nOffences relating to licences Part 4.3\n","sortOrder":81},{"sectionNumber":"65","sectionType":"section","heading":"Pretending to hold licence","content":"65 Pretending to hold licence\n(1) A person commits an offence if the person pretends to be the holder\nof a licence.\n(2) A person commits an offence if the person pretends to be authorised\nto do something under a licence.\n","sortOrder":82},{"sectionNumber":"66","sectionType":"section","heading":"Offence to allow someone else to use licence","content":"66 Offence to allow someone else to use licence\nA licensee commits an offence if the licensee lets someone else use\nthe licensee’s licence.\n\n","sortOrder":83},{"sectionNumber":"67","sectionType":"section","heading":"Grounds for disciplinary action","content":"67 Grounds for disciplinary action\nThe work health and safety commissioner may take disciplinary\naction against—\n(a) a licensee, if the work health and safety commissioner believes,\non reasonable grounds, that the licensee—\n(i) is not, or is no longer, a suitable person to hold a licence;\nor\n(ii) has contravened, or is contravening, this Act; or\nNote 1 For the meaning of suitable person, see s 49.\nNote 2 For the meaning of disciplinary action, see s 68 (3) and (4).\n(b) a former licensee, if the work health and safety commissioner\nbelieves, on reasonable grounds, that the former licensee\ncontravened this Act while holding a licence, whether or not the\nformer licensee has been convicted or found guilty of an offence\nfor the contravention.\n","sortOrder":84},{"sectionNumber":"68","sectionType":"section","heading":"Taking disciplinary action","content":"68 Taking disciplinary action\n(1) If the work health and safety commissioner proposes to take\ndisciplinary action in relation to a licensee, or a former licensee, the\nwork health and safety commissioner must give the person a written\nnotice (a disciplinary notice) that—\n(a) states the proposed action (including any proposed\ndisqualification period, suspension period or amendment of a\nlicence); and\n(b) states the grounds for the proposed action; and\n(c) tells the person that the person may, within 14 days after the day\nthe person receives the notice, give a written response to the\nwork health and safety commissioner about the notice.\n\n(2) In deciding whether to take disciplinary action, the work health and\nsafety commissioner must consider any response given to the work\nhealth and safety commissioner in accordance with the notice under\nsubsection (1) (c).\n(3) If the work health and safety commissioner is satisfied that a ground\nfor taking action under this section has been established in relation to\na licensee, the work health and safety commissioner may do 1 or more\nof the following (each of which is disciplinary action):\n(a) reprimand the licensee;\n(b) require the licensee to complete a stated course of training to the\nsatisfaction of the work health and safety commissioner or\nanother stated person;\n(c) amend the licence, including by imposing a condition on the\nlicence or amending an existing condition;\n(d) suspend the licence, or a particular handling authority under the\nlicence, for a stated period or until a stated event happens;\n(e) cancel the licence, or a particular handling authority under the\nlicence;\n(f) cancel the licence and disqualify the licensee from applying for\na licence, or a particular kind of licence for a stated period or\nuntil a stated event happens.\n(4) If the work health and safety commissioner is satisfied that a ground\nfor taking action under this section has been established in relation to\na former licensee, the work health and safety commissioner may do 1\nor more of the following (each of which is disciplinary action):\n(a) reprimand the former licensee;\n(b) disqualify the former licensee from applying for a licence, or a\nparticular kind of licence—\n(i) for a stated period; or\n\n(ii) until the former licensee completes a stated course of\ntraining to the satisfaction of the work health and safety\ncommissioner or someone else; or\n(iii) until a stated event happens.\n(5) The work health and safety commissioner must give the person\nwritten notice of the work health and safety commissioner’s decision.\n(6) A decision to take action under subsection (3) or (4) takes effect\n14 days after the day when notice of the decision is given to the\nperson or, if the notice states a later date of effect, that date.\nNote For the requirement to return of an amended, suspended or cancelled\nlicence to the work health and safety commissioner, see s 64.\n","sortOrder":85},{"sectionNumber":"69","sectionType":"section","heading":"Immediate suspension of licence","content":"69 Immediate suspension of licence\n(1) This section applies if the work health and safety commissioner has\ngiven, or is considering whether to give, a disciplinary notice to a\nlicensee.\n(2) The work health and safety commissioner may give the licensee a\nwritten notice (an immediate suspension notice) suspending the\nlicence or a particular handling authority under the licence.\nNote For the meaning of handling authority, see s 56 (1) (d).\n(3) However, the work health and safety commissioner may suspend the\nlicence or handling authority under subsection (2) only if—\n(a) the work health and safety commissioner has taken into account\nthe circumstances leading to the decision to give or consider\ngiving the disciplinary notice and the grounds stated, or that may\nbe stated, in the disciplinary notice; and\n(b) the work health and safety commissioner believes, on\nreasonable grounds, that it is in the public interest that the\nlicence or handling authority be suspended as soon as\npracticable before a decision is made whether or not to take\naction against the licensee under section 68.\n\n(4) If an immediate suspension notice is given to the licensee, the\nlicensee’s licence, or the handling authority, is suspended when the\nnotice is given to the licensee.\nNote For the return of the licence to the work health and safety commissioner,\nsee s 64.\n(5) If the licensee is given an immediate suspension notice because the\nwork health and safety commissioner is considering whether to give\na disciplinary notice to the licensee, the work health and safety\ncommissioner must, as soon as practicable, give a disciplinary notice\nto the licensee or tell the licensee in writing that a disciplinary notice\nwill not be given to the licensee.\n(6) An immediate suspension notice ends—\n(a) if the licence is cancelled or suspended under section 68 (3)—\nwhen the cancellation or suspension takes effect; or\n(b) if a condition is imposed on the licence to which the notice\nrelates, or a condition of the licence is amended—when the\ncondition or amended condition takes effect; or\n(c) in any other case—when the person is given written notice under\nsection 68 (5) of the decision made on the disciplinary notice or\nthe work health and safety commissioner tells the licensee that\na disciplinary notice will not be given to the licensee.\n","sortOrder":86},{"sectionNumber":"70","sectionType":"section","heading":"Effect of suspension of licence","content":"70 Effect of suspension of licence\n(1) A suspended licence or handling authority does not authorise the\nlicensee to carry on an activity authorised by the licence or handling\nauthority during the suspension.\n(2) If the work health and safety commissioner suspends a licence or\nhandling authority, the licensee is, during the suspension—\n(a) taken not to hold the licence or handling authority; and\n(b) disqualified from applying for a licence or handling authority of\nthat kind.\n\n(3) If the work health and safety commissioner suspends a handling\nauthority under a licence, the licence is taken to be amended under\nthis part to give effect to the suspension.\n","sortOrder":87},{"sectionNumber":"71","sectionType":"section","heading":"Action by work health and safety commissioner in","content":"71 Action by work health and safety commissioner in\nrelation to amended, suspended or cancelled licence\n(1) If a licence is amended under this part, the work health and safety\ncommissioner must, as soon as practicable after the licence has been\nreturned to the work health and safety commissioner, amend the\nlicence or give the licensee a replacement licence showing the\namendment.\nNote For the requirement to return an amended or suspended licence to the\nwork health and safety commissioner, see s 64.\n(2) If a licence is suspended under this part and the suspension ends\nbefore the end of the term of the licence, the work health and safety\ncommissioner must return the licence to the licensee.\n(3) If a handling authority under a licence is suspended under this part\nand the suspension ends before the end of the term of the licence, the\nwork health and safety commissioner must, as soon as practicable\nafter the licence has been returned to the work health and safety\ncommissioner, amend the licence or give the licensee a replacement\nlicence that includes the handling authority.\n","sortOrder":88},{"sectionNumber":"72","sectionType":"section","heading":"Publication of disciplinary decision by work health and","content":"72 Publication of disciplinary decision by work health and\n(1) If the work health and safety commissioner takes disciplinary action\nagainst a licensee or former licensee, the work health and safety\ncommissioner may publish the following information in a way that\nthe work health and safety commissioner considers appropriate:\n(a) particulars that allow the public to identify the licensee or former\nlicensee;\n(b) details of the disciplinary action;\n\n(c) an outline of why the disciplinary action was taken;\n(d) any other information in relation to the disciplinary action and\nthe safety of the dangerous substance concerned that the work\nhealth and safety commissioner considers appropriate.\nExamples of publication\n1 a press release\n2 an article in a document published by the Territory or a territory authority\n3 an advertisement in a newspaper circulating in the ACT\n4 a public notice\n1 the licensee’s name and ACN (if any)\n2 any name (and, if relevant, ACN) used in the past by the licensee\n3 the licensee’s current and previous business addresses\nNote Public notice means notice on an ACT government website or in a daily\n(2) However, the information may be published only if—\n(a) the time for any review or appeal in relation to the disciplinary\naction has ended and no application for review or appeal has\nbeen made; or\n(b) an application for review or appeal has been made and—\n(i) the application is withdrawn, struck out or discontinued or\nlapses; or\n(ii) the disciplinary action is confirmed on review and the time\nfor appeal has ended without an application for an appeal\nbeing made.\n(3) If the disciplinary action is set aside on review or appeal, the\ninformation must not be published.\n(4) If the disciplinary action is changed on review or appeal (for example,\ndifferent disciplinary action is substituted), this section applies in\nrelation to the action as changed.\n\n(5) For the Civil Law (Wrongs) Act 2002, section 139 (Defences of fair\nreport of proceedings of public concern), the information published\nby the work health and safety commissioner under this section about\ndisciplinary action is taken to be a fair report of proceedings of public\nconcern.\n\n","sortOrder":89},{"sectionNumber":"Part 5","sectionType":"part","heading":"1 Prohibited and controlled","content":"Part 5.1 Prohibited and controlled\ndangerous substances\n","sortOrder":90},{"sectionNumber":"73","sectionType":"section","heading":"Definitions for ch 5","content":"73 Definitions for ch 5\nIn this Act:\ncontrolled dangerous substance means an explosive or other\ndangerous substance declared by regulation to be a controlled\ndangerous substance.\nexplosive means a dangerous substance declared by regulation to be\nan explosive.\nprohibited dangerous substance means—\n(a) an explosive declared by regulation to be a prohibited explosive;\nor\n(b) any other dangerous substance declared by regulation to be a\nprohibited dangerous substance.\n","sortOrder":91},{"sectionNumber":"74","sectionType":"section","heading":"Unauthorised manufacture of certain dangerous","content":"74 Unauthorised manufacture of certain dangerous\n(a) the person manufactures a prohibited dangerous substance; and\nmanufacture the substance.\n(a) the person manufactures a controlled dangerous substance; and\n\nmanufacture the substance.\n","sortOrder":92},{"sectionNumber":"75","sectionType":"section","heading":"Unauthorised import of certain dangerous substances","content":"75 Unauthorised import of certain dangerous substances\n(a) the person imports a prohibited dangerous substance; and\nimport the substance.\nNote Import means import into the ACT (see dict).\n(a) the person imports a controlled dangerous substance; and\nimport the substance.\n","sortOrder":93},{"sectionNumber":"76","sectionType":"section","heading":"Unauthorised supply of certain dangerous substances","content":"76 Unauthorised supply of certain dangerous substances\n(a) the person supplies a prohibited dangerous substance to\nsupply the substance to the recipient.\n\n(a) the person supplies a controlled dangerous substance to\nsupply the substance to the recipient.\n(a) the person supplies a prohibited dangerous substance to\n(b) the recipient is not authorised under a licence, or by regulation,\nto receive the substance; and\n(c) the person is reckless about whether the recipient is authorised\nunder the licence, or by regulation, to receive the substance.\n(4) A person commits an offence if—\n(a) the person supplies a controlled dangerous substance to\n(b) the recipient is not authorised under a licence, or by regulation,\nto receive the substance; and\n(c) the person is reckless about whether the recipient is authorised\nunder the licence, or by regulation, to receive the substance.\n\n","sortOrder":94},{"sectionNumber":"77","sectionType":"section","heading":"Unauthorised possession of certain dangerous","content":"77 Unauthorised possession of certain dangerous\n(a) the person possesses a prohibited dangerous substance; and\npossess the substance.\n(a) the person possesses a controlled dangerous substance; and\npossess the substance.\nMaximum penalty: 500 penalty units, imprisonment for 2 years or\npossession, of a dangerous substance by a person, includes—\n(a) the person receiving or obtaining possession of the substance;\nand\n(b) the person having control over the substance; and\n(c) the person having joint possession of the substance with\nsomeone else.\n","sortOrder":95},{"sectionNumber":"78","sectionType":"section","heading":"Unauthorised storage of certain dangerous substances","content":"78 Unauthorised storage of certain dangerous substances\n(a) a regulation requires a dangerous substance to be stored in a\nparticular way; and\n(b) the person stores the substance; and\n\n(c) the person fails to store the substance in accordance with the\n","sortOrder":96},{"sectionNumber":"79","sectionType":"section","heading":"Unauthorised use of certain dangerous substances","content":"79 Unauthorised use of certain dangerous substances\n(a) the person uses a prohibited dangerous substance; and\nuse the substance.\nMaximum penalty: 2 500 penalty units, imprisonment for 10 years\nor both.\n(a) the person uses a controlled dangerous substance; and\nuse the substance.\nMaximum penalty: 750 penalty units, imprisonment for 3 years or\n","sortOrder":97},{"sectionNumber":"80","sectionType":"section","heading":"Unauthorised carrying of certain dangerous substances","content":"80 Unauthorised carrying of certain dangerous substances\n(a) a regulation requires a dangerous substance to be carried in a\nparticular way; and\n(b) the person carries the substance; and\n(c) the person fails to carry the substance in accordance with the\n\n","sortOrder":98},{"sectionNumber":"81","sectionType":"section","heading":"Unauthorised disposal of dangerous substances, plant","content":"81 Unauthorised disposal of dangerous substances, plant\nand systems\n(a) a regulation requires a dangerous substance to be disposed of in\na particular way; and\n(b) the person disposes of the substance; and\n(c) the person fails to dispose of the substance in accordance with\nthe regulation.\n(a) a regulation requires plant or a system used for handling a\ndangerous substance to be disposed of in a particular way; and\n(b) the person disposes of the plant or system; and\n(c) the person fails to dispose of the plant or system in accordance\nwith the regulation.\n","sortOrder":99},{"sectionNumber":"82","sectionType":"section","heading":"Unauthorised handling of dangerous substances","content":"82 Unauthorised handling of dangerous substances\ngenerally\n(a) a regulation requires a handling of a dangerous substance to be\nauthorised under a licence; and\n(b) the person handles the substance; and\n\n(c) the person is not authorised under a licence to handle the\nNote 1 Handling a dangerous substance includes importing, manufacturing,\nstoring, supplying, possessing, receiving or using the substance\n(see s 11).\nNote 2 See the Dangerous Goods (Road Transport) Act 2009 for the transport\nby road of certain dangerous substances that are classified as dangerous\ngoods under that Act.\n","sortOrder":100},{"sectionNumber":"83","sectionType":"section","heading":"Handling of certain dangerous substances to be notified","content":"83 Handling of certain dangerous substances to be notified\n(1) A person in control of the handling of a dangerous substance commits\nan offence if—\n(a) a regulation requires the handling of the substance to be notified\nto the work health and safety commissioner; and\n(b) the person fails to ensure that the work health and safety\ncommissioner is notified of the handling of the substance in\naccordance with the regulation.\nNote Handling a dangerous substance includes importing, manufacturing,\nstoring, supplying, possessing, receiving or using the substance\n(see s 11).\n","sortOrder":101},{"sectionNumber":"84","sectionType":"section","heading":"Certain premises, plant or systems to be registered etc","content":"84 Certain premises, plant or systems to be registered etc\n(1) A person in control of premises where a dangerous substance is\nhandled commits an offence if—\n(a) a regulation requires the premises to be registered or notified\nunder a regulation; and\n\n(b) the person fails to ensure that the premises are registered or\nnotified in accordance with the regulation.\n(2) A person in control of plant or a system for handling a dangerous\nsubstance commits an offence if—\n(a) a regulation requires the plant or system to be registered or\nnotified under a regulation; and\n(b) the person fails to ensure that the plant or system is registered or\nnotified in accordance with the regulation.\n\nPreservation of site of dangerous occurrence Part 5.2\nPart 5.2 Preservation of site of dangerous\noccurrence\n","sortOrder":102},{"sectionNumber":"85","sectionType":"section","heading":"Definitions for pt 5.2","content":"85 Definitions for pt 5.2\nauthorised person means—\n(a) an inspector; or\nNote An inspector includes a police officer (see s 207 (1)).\n(b) a person acting in accordance with an inspector’s directions; or\n(c) a person giving emergency medical assistance to an injured\nperson; or\n(d) a member of the ambulance service, the fire and rescue service,\nthe rural fire service or the SES.\nsite, of a dangerous occurrence at premises, means the part of the\npremises where the occurrence happened.\nsite preservation period means the reasonable period notified by the\nwork health and safety commissioner to a person in control of the\npremises where a dangerous occurrence has happened or is\nhappening.\n\nPart 5.2 Preservation of site of dangerous occurrence\n","sortOrder":103},{"sectionNumber":"86","sectionType":"section","heading":"Person in control of premises to preserve site of","content":"86 Person in control of premises to preserve site of\ndangerous occurrence\n(1) A person in control of premises where a dangerous occurrence has\nhappened or is happening commits an offence if the person fails to\ntake all reasonable steps to ensure that the site of the occurrence is\nnot disturbed or interfered with until after the end of the site\npreservation period.\nNote 1 An inspector may issue a prohibition notice in relation to the site of a\ndangerous occurrence (see s 109 (2) (b) (ii)).\nNote 2 For the power of a coroner to exercise functions in relation to the site of\na dangerous occurrence, see the Coroners Act 1997.\n(2) This section does not apply to anything done by an authorised person.\n","sortOrder":104},{"sectionNumber":"87","sectionType":"section","heading":"Unauthorised disturbance or interference with site of","content":"87 Unauthorised disturbance or interference with site of\ndangerous occurrence\n(a) a dangerous occurrence has happened or is happening at\n(b) the person disturbs or interferes with the site of the occurrence;\nand\n(c) the site preservation period for the site has not ended.\n(2) This section does not apply to anything done by an authorised person.\n\n","sortOrder":105},{"sectionNumber":"88","sectionType":"section","heading":"Work health and safety commissioner may require","content":"88 Work health and safety commissioner may require\nanswers to questions and production of documents\n(1) This section applies if the work health and safety commissioner\nbelieves, on reasonable grounds, that a person (the relevant person)\nmay have contravened, or may be contravening, a provision of this\nAct.\n(2) The work health and safety commissioner may, by written notice\ngiven to a person (including the relevant person), require the person\nto attend before the work health and safety commissioner at a stated\nreasonable time and place to do either or both of the following:\n(a) answer questions that the work health and safety commissioner\nconsiders necessary to decide whether the relevant person has\ncontravened or is contravening this Act;\n(b) produce the documents stated in the notice.\nNote For how the notice may be served, see the Legislation Act, pt 19.5.\n(3) The work health and safety commissioner may require a person to\nproduce a document under subsection (2) (b) only if the work health\nand safety commissioner considers the production necessary to\ndecide whether the relevant person has contravened or is\ncontravening this Act.\n\n(4) The notice must—\n(a) state that the requirement is made under this section; and\n(b) contain a statement to the effect that failure to comply with the\nnotice is an offence; and\n(c) if the notice requires the person to answer questions—\n(i) contain a statement about the effect of section 92\n(Privileges against self-incrimination and exposure to civil\npenalty); and\n(ii) state that the person may attend with a lawyer.\n(5) To remove any doubt, for this section, a person answers a question if\nthe person explains why the person or an entity did or did not do\nsomething.\n","sortOrder":106},{"sectionNumber":"89","sectionType":"section","heading":"Compliance with notice to produce","content":"89 Compliance with notice to produce\n(1) This section applies if a person is required by a notice under\nsection 88 to produce a document but not to answer questions.\n(2) The person is taken to have complied with the requirement to produce\nthe document if the person—\n(a) does not attend before the work health and safety commissioner;\nbut\n(b) gives the document to the work health and safety commissioner\nbefore the time stated for attendance in the notice.\n\n","sortOrder":107},{"sectionNumber":"90","sectionType":"section","heading":"Failure to attend before work health and safety","content":"90 Failure to attend before work health and safety\ncommissioner or produce documents\n(a) the person is required by a notice under section 88 to attend and\nanswer questions before the work health and safety\n(b) the person fails to attend before the work health and safety\ncommissioner in accordance with the notice.\n(a) the person is required by a notice under section 88 to produce a\nstated document; and\n(b) the person fails to produce the document.\n","sortOrder":108},{"sectionNumber":"91","sectionType":"section","heading":"Attendance before work health and safety","content":"91 Attendance before work health and safety\ncommissioner—offences\n(a) the person is required under section 88 to attend and answer\nquestions before the work health and safety commissioner; and\n(b) the person attends before the work health and safety\n(c) the work health and safety commissioner requires the person to\nanswer a question; and\n(d) the person fails to answer the question.\n\n(a) the person is required by a notice under section 88 to attend and\nanswer questions before the work health and safety\n(b) the person attends before the work health and safety\n(c) the person fails to continue to attend as reasonably required by\nthe work health and safety commissioner until excused from\nfurther attendance.\n","sortOrder":109},{"sectionNumber":"92","sectionType":"section","heading":"Privileges against self-incrimination and exposure to civil","content":"92 Privileges against self-incrimination and exposure to civil\npenalty\n(a) a person is attending before the work health and safety\ncommissioner in accordance with a requirement under section\n88; and\n(b) the work health and safety commissioner requires the person to\nanswer a question.\n(2) This section also applies if a person is required by a notice under\nsection 88 to produce a document.\n(3) The person cannot rely on the common law privileges against\nself-incrimination and exposure to the imposition of a civil penalty to\nrefuse to answer the question or produce the document.\nNote The Legislation Act, s 171 deals with client legal privilege.\n\n(4) However, any information, document or thing obtained, directly or\nindirectly, because of the giving of the answer or the production of\nthe document is not admissible in evidence against the person in a\ncivil or criminal proceeding, other than a proceeding for an offence\nagainst this part or the Criminal Code, part 3.4 (False or misleading\nstatements, information and documents).\n\n","sortOrder":110},{"sectionNumber":"93","sectionType":"section","heading":"Meaning of relevant responsible person for pt 6.2","content":"93 Meaning of relevant responsible person for pt 6.2\nrelevant responsible person, for a compliance agreement, means the\nresponsible person for a dangerous substance who enters into the\nagreement.\n","sortOrder":111},{"sectionNumber":"94","sectionType":"section","heading":"Inspector may seek compliance agreement","content":"94 Inspector may seek compliance agreement\n(1) This section applies if an inspector believes, on reasonable grounds,\nthat a provision of this Act has been, is being or may be contravened\nin relation to a dangerous substance.\n(2) The inspector may ask a responsible person for the dangerous\nsubstance to enter into an agreement (a compliance agreement) in\nrelation to the contravention.\n(3) If the responsible person agrees to enter into a compliance agreement,\nthe agreement must—\n(a) state that it is a compliance agreement under this Act; and\n(b) state the contravention of this Act in relation to which the\nagreement is entered into; and\n(c) state the period for which the agreement is to operate; and\n(d) state the measures to be taken by the responsible person or\nanyone else to ensure this Act is complied with and the times\nwithin which the measures must be taken; and\n\nCompliance agreements Part 6.2\n(e) include a statement to the effect that each person who is required\ncomplying with the duty; and\n(f) be signed by the inspector and the responsible person.\nExamples of measures for par (d)\n1 the dangerous substance is to be handled only by people with a stated\nqualification\n2 the substance is to be handled at temperatures below 5C\n3 repair or replace particular premises or plant\n4 develop, implement or amend a safety management system\n(4) The compliance agreement may include anything else the inspector\nand the relevant responsible person consider appropriate.\n(5) The inspector must give a copy of the compliance agreement to the\nrelevant responsible person.\n","sortOrder":112},{"sectionNumber":"95","sectionType":"section","heading":"Term of compliance agreement","content":"95 Term of compliance agreement\n(1) A compliance agreement commences when the agreement is signed\nby the inspector and relevant responsible person, or at any later time\nstated in the agreement.\n(2) The compliance agreement ends—\n(a) at the end of the period of operation stated in the agreement; or\n(b) if the inspector and relevant responsible person agree to extend\nthe period of operation before the end of the stated period—at\nthe end of the extended period.\n(3) If an inspector is satisfied that the compliance agreement has been\ncomplied with before it ends, the inspector must revoke the agreement\nby written notice given to the relevant responsible person.\n\n","sortOrder":113},{"sectionNumber":"96","sectionType":"section","heading":"Compliance agreement not admission of fault etc","content":"96 Compliance agreement not admission of fault etc\n(1) This section applies if a responsible person for a dangerous substance\nenters into a compliance agreement in relation to a contravention of\n(2) Entering into the compliance agreement—\n(a) is not an express or implied admission of fault or liability by the\nresponsible person in relation to the contravention; and\n(b) is not relevant to deciding fault or liability in relation to the\ncontravention.\n(3) Also, evidence of the existence or contents of the compliance\nagreement is not—\n(a) admissible in a civil proceeding as evidence of the fault or\nliability of a person in relation to the contravention; or\n(b) admissible in a criminal proceeding in relation to the\ncontravention; or\n(c) relevant to the taking of action under part 4.4 (Disciplinary\naction) in relation to the contravention.\nNote This section does not prevent the issue of an improvement notice or\nprohibition notice in relation to the relevant contravention (see\nLegislation Act, s 44 and s 197).\n","sortOrder":114},{"sectionNumber":"97","sectionType":"section","heading":"Notification and display of compliance agreements","content":"97 Notification and display of compliance agreements\n(1) This section applies to the relevant responsible person for a\ncompliance agreement.\n(a) tell each person (an affected person) whose work is affected by\nthe measures to be taken under the agreement about the\nagreement, including the measures; or\n\nCompliance agreements Part 6.2\n(b) give a copy of the agreement to each other person in control of\neach of the premises where an affected person works.\ncopy of the agreement is displayed, while the agreement is operating,\nin a prominent place at or near each part of the premises affected by\nthe contravention of this Act in relation to which the agreement was\nentered into.\n","sortOrder":115},{"sectionNumber":"98","sectionType":"section","heading":"Compliance agreement not to be removed etc","content":"98 Compliance agreement not to be removed etc\n(a) a copy of a compliance agreement is displayed at a place; and\nwhile the agreement is operating.\n\n","sortOrder":116},{"sectionNumber":"99","sectionType":"section","heading":"Meaning of relevant responsible person for pt 6.3","content":"99 Meaning of relevant responsible person for pt 6.3\nrelevant responsible person, for an improvement notice, means the\nperson to whom the inspector gives the notice.\n","sortOrder":117},{"sectionNumber":"100","sectionType":"section","heading":"Giving improvement notices","content":"100 Giving improvement notices\nAn inspector may give a notice (an improvement notice) to a\nresponsible person for a dangerous substance if the inspector\nbelieves, on reasonable grounds, that a person has contravened, is\ncontravening, or is likely to contravene, this Act.\nNote 1 For how documents may be served, see the Legislation Act, pt 19.5.\n","sortOrder":118},{"sectionNumber":"101","sectionType":"section","heading":"Contents of improvement notices","content":"101 Contents of improvement notices\n(1) An improvement notice may require the relevant responsible person\nto do 1 or more of the following:\n(a) put stated premises, plant or a system for handling the dangerous\nsubstance into a safe condition, including, for example, by\nrepairing or replacing the premises, plant or system;\n(b) prepare, implement or amend a safety management system in\nrelation to the handling of the substance;\n(c) take stated measures to carry out the requirements of a safety\nmanagement system in relation to the handling of the substance;\n(d) destroy or otherwise dispose of the substance;\n(e) comply with a particular provision of this Act in relation to the\nhandling of the substance;\n\nImprovement notices Part 6.3\n(f) do anything else to ensure that this Act is complied with in\nrelation to the substance.\n(2) Also, the improvement notice must—\n(a) state that it is an improvement notice under this Act; and\n(b) state the contravention of this Act in relation to which the notice\nis given; and\n(c) state the period for complying with the notice; and\n(d) include a statement to the effect that each person who is required\ncomplying with the duty.\n(3) The improvement notice may include any other information the\ninspector considers appropriate.\n","sortOrder":119},{"sectionNumber":"102","sectionType":"section","heading":"Extension of time for compliance with improvement","content":"102 Extension of time for compliance with improvement\nnotices\n(1) This section applies if a responsible person for a dangerous substance\nhas been given an improvement notice.\n(2) An inspector may, by written notice given to the responsible person,\nextend the compliance period for the improvement notice on the\ninspector’s own initiative or if asked by the responsible person.\n(3) However, the inspector may extend the compliance period only if the\nperiod has not ended.\ncompliance period means the period stated in the improvement notice\nunder section 101 (2) (c), and includes that period as extended under\n\n","sortOrder":120},{"sectionNumber":"103","sectionType":"section","heading":"Notification and display of improvement notices","content":"103 Notification and display of improvement notices\n(1) This section applies to the relevant responsible person for an\nimprovement notice.\n(a) tell each person (an affected person) whose work is affected by\nanything required to be done under the notice about the notice,\nincluding the things required to be done under it; or\n(b) give a copy of the notice to each person in control of each of the\npremises where an affected person works.\ncopy of the notice is displayed, while the notice is in force, in a\nprominent place at or near each part of the premises affected by the\ncontravention of this Act in relation to which the notice was given.\n","sortOrder":121},{"sectionNumber":"104","sectionType":"section","heading":"Improvement notice not to be removed etc","content":"104 Improvement notice not to be removed etc\n(a) a copy of an improvement notice is displayed at a place; and\nwhile the notice is in force.\n\nImprovement notices Part 6.3\n","sortOrder":122},{"sectionNumber":"105","sectionType":"section","heading":"Scope of improvement notices","content":"105 Scope of improvement notices\n(1) An improvement notice for a dangerous substance may relate to 1 or\nmore of the following:\n(a) premises, or part of premises, for handling the substance;\n(b) plant or a system for handling the substance;\n(c) handling the substance in a stated way or for a stated purpose.\n(2) A requirement in an improvement notice to destroy or otherwise\ndispose of a dangerous substance may state either or both of the\nfollowing:\n(a) how the substance must be destroyed or otherwise disposed of;\n(b) how the substance must be kept until it is destroyed or otherwise\ndisposed of.\nNote A requirement to destroy or otherwise dispose of a substance may be\nmade under s 101 (1) (d).\n","sortOrder":123},{"sectionNumber":"106","sectionType":"section","heading":"Revocation of improvement notice on compliance","content":"106 Revocation of improvement notice on compliance\nIf an inspector is satisfied that an improvement notice has been\ncomplied with, the inspector must revoke the notice by written notice\ngiven to the relevant responsible person.\n\n","sortOrder":124},{"sectionNumber":"107","sectionType":"section","heading":"Contravention of improvement notices","content":"107 Contravention of improvement notices\n(1) The relevant responsible person for an improvement notice commits\nan offence if the person fails to take all reasonable steps to comply\nwith a requirement of the notice.\nNote If an improvement notice is given to 2 or more responsible people for a\ndangerous substance, each of them must comply with the notice\n(see s 21).\n\n","sortOrder":125},{"sectionNumber":"108","sectionType":"section","heading":"Definitions for pt 6.4","content":"108 Definitions for pt 6.4\nbasis, for giving a prohibition notice, means—\n(a) the contravention of this Act in relation to which the prohibition\nnotice was given and the risk to be prevented or minimised under\nthe notice (see section 109 (1)); or\n(b) the contravention of the improvement notice in relation to which\nthe prohibition notice was given (see section 109 (2) (a)); or\n(c) the inspection, testing or monitoring to be allowed under the\nnotice (see section 109 (2) (b) (i)); or\n(d) the accident or other incident to be investigated under the notice\n(see section 109 (2) (b) (ii)).\nrelevant responsible person, for a prohibition notice, means the\nresponsible person for the dangerous substance stated in the notice to\nwhom the notice is given.\n","sortOrder":126},{"sectionNumber":"109","sectionType":"section","heading":"Giving prohibition notices","content":"109 Giving prohibition notices\n(1) An inspector may give a notice (a prohibition notice) to a responsible\nperson for a dangerous substance at premises if the inspector believes,\non reasonable grounds, that—\n(a) someone at the premises has contravened, is contravening, or is\nlikely to contravene, this Act in relation to the substance; and\n(b) giving the notice is necessary to prevent or minimise risk of\nserious harm to the health or safety of people, or substantial\ndamage to property or the environment, from a hazard at the\npremises associated with the substance.\n\n(2) An inspector may also give a notice (also a prohibition notice) to a\nresponsible person for a dangerous substance at premises if the\ninspector believes, on reasonable grounds, that—\n(a) someone at the premises has contravened, is contravening, or is\nlikely to contravene, an improvement notice; or\n(b) giving the notice is necessary to allow—\n(i) the inspection, testing or monitoring of anything at the\npremises used in relation to the handling of the substance;\nor\n(ii) the investigation of an accident or other incident (including\na dangerous occurrence) at the premises in relation to the\nExample for par (2) (b) (i)\nto allow for routine compliance testing of plant and systems if the responsible\nperson has not voluntarily agreed to the plant or system being shut down for the test\nNote 1 For how documents may be served, see the Legislation Act, pt 19.5.\nNote 2 A reference to an Act includes a reference to the statutory instruments\nmade or in force under the Act, including any regulation (see Legislation\n","sortOrder":127},{"sectionNumber":"110","sectionType":"section","heading":"Contents of prohibition notices","content":"110 Contents of prohibition notices\n(1) A prohibition notice in relation to a dangerous substance at premises\nmay require a responsible person for the substance not to do 1 or more\nof the following until the notice ends:\n(a) use stated premises, plant, systems, substances or things;\n(b) disturb stated premises, plant, systems, substances or things;\n(c) something else at or in relation to the premises.\n\n(2) Also, the prohibition notice—\n(a) must state the following:\n(i) that it is a prohibition notice under this Act;\n(ii) the dangerous substance and premises to which the notice\nrelate;\n(iii) the basis for giving the notice; and\n(b) if the notice is given under section 109 (1) or (2) (a) (which are\nabout notices given to prevent or minimise risk of serious harm\netc from contravention of this Act or the contravention of an\nimprovement notice)—must include a statement to the effect\nthat the relevant responsible person may ask for a reinspection\nof the situation or circumstances that caused the notice to be\ngiven if the person considers that the situation or circumstances\ncomply with this Act; and\n(c) if the notice is given under section 109 (2) (b) (which is about\nnotices given to allow inspection, testing, monitoring and\ninvestigation)—must state the reasonable period that the\ninspector considers necessary to carry out the inspection, testing,\nmonitoring or investigation to which the notice relates.\n","sortOrder":128},{"sectionNumber":"111","sectionType":"section","heading":"Extension of time for inspection etc","content":"111 Extension of time for inspection etc\n(1) This section applies if a prohibition notice is given under section 109\n(2) (b).\n(2) An inspector may, by written notice given to the relevant responsible\nperson for the prohibition notice, extend the relevant period for the\nnotice on the inspector’s own initiative or if asked by the relevant\nresponsible person.\n(3) However, the inspector may extend the relevant period only if the\nperiod has not ended.\n\nrelevant period means the period stated in the prohibition notice\nunder section 110 (2) (c), and includes that period as extended under\n","sortOrder":129},{"sectionNumber":"112","sectionType":"section","heading":"Notification and display of prohibition notices","content":"112 Notification and display of prohibition notices\n(1) This section applies to the relevant responsible person for a\nprohibition notice.\n(a) tell each person who works at the premises to which the notice\nrelates about the notice, including anything required not to be\ndone under it; or\n(b) give a copy of the notice to each other responsible person for the\ndangerous substance to which the notice relates.\ncopy of the prohibition notice is displayed in a prominent place, at or\nnear each part of the premises to which the notice relates, while the\nnotice is in force.\n","sortOrder":130},{"sectionNumber":"113","sectionType":"section","heading":"Prohibition notice not to be removed etc","content":"113 Prohibition notice not to be removed etc\n(a) a copy of a prohibition notice is displayed at a place; and\nwhile the notice is in force.\n\n","sortOrder":131},{"sectionNumber":"114","sectionType":"section","heading":"Scope of prohibition notices","content":"114 Scope of prohibition notices\nA prohibition notice for a dangerous substance may relate to either or\nboth of the following:\n(a) plant or a system for handling the substance;\n(b) handling of the substance in a stated way or for a stated purpose.\n","sortOrder":132},{"sectionNumber":"115","sectionType":"section","heading":"Ending of prohibition notices for contravention of Act etc","content":"115 Ending of prohibition notices for contravention of Act etc\n(1) This section applies to a prohibition notice if the notice was given\nunder section 109 (1) or (2) (a) (which are about notices given to\nprevent or minimise risk of serious harm etc from contravention of\nthis Act or the contravention of an improvement notice).\n(2) The prohibition notice ends when the notice is revoked under section\n117.\n","sortOrder":133},{"sectionNumber":"116","sectionType":"section","heading":"Request for reinspection","content":"116 Request for reinspection\n(1) This section applies to a prohibition notice given under\nsection 109 (1) or (2) (a).\n(2) The relevant responsible person for the prohibition notice may ask the\nwork health and safety commissioner, in writing, for a reinspection\nof the situation or circumstances that caused the notice to be given if\nthe person considers that the situation or circumstances comply with\n(3) If the request relates to a vehicle or equipment, the vehicle or\nequipment must be made available for reinspection where it was\noriginally inspected or at another place agreed to by an inspector.\n\n","sortOrder":134},{"sectionNumber":"117","sectionType":"section","heading":"Revocation on reinspection","content":"117 Revocation on reinspection\n(1) This section applies if a request has been made under section 116.\n(2) If the inspector who carries out the reinspection is satisfied that there\nare no grounds for the prohibition notice to continue to operate, the\ninspector may revoke the notice by written notice given to the\nrelevant responsible person for the prohibition notice.\n(3) Also, the prohibition notice is taken to be revoked on the 3rd business\nday after the day the request for reinspection is received by the work\nhealth and safety commissioner if—\n(a) an inspector does not make the reinspection within 2 business\ndays after day the request is received; and\n(b) the person who made the request is not responsible, completely\nor partly, for the delay in making the reinspection.\nNote For the meaning of business day, see the Legislation Act, dict, pt 1.\n(4) Subsection (3) does not prevent an improvement notice or another\nprohibition notice being given to the same person in relation to the\nsame contravention of this Act.\n","sortOrder":135},{"sectionNumber":"118","sectionType":"section","heading":"Ending of prohibition notices given for inspection etc","content":"118 Ending of prohibition notices given for inspection etc\n(1) This section applies to a prohibition notice if the notice was given\nunder section 109 (2) (b) (which is about notices given to allow\ninspection, testing, monitoring and investigation).\n(2) The prohibition notice ends at the end of the period stated in the notice\nunder section 110 (2) (c) (Contents of prohibition notices) or, if the\nperiod is extended under section 111, the end of the extended period.\n\n","sortOrder":136},{"sectionNumber":"119","sectionType":"section","heading":"Contravention of prohibition notices","content":"119 Contravention of prohibition notices\n(1) The relevant responsible person for a prohibition notice commits an\noffence if the person fails to take all reasonable steps to ensure the\nnotice is not contravened.\nMaximum penalty: 200 penalty units.\n","sortOrder":137},{"sectionNumber":"120","sectionType":"section","heading":"Request for compensation for prohibition notice","content":"120 Request for compensation for prohibition notice\n(a) a prohibition notice is given in relation to premises; and\n(b) a person suffers loss or expense because of the giving of the\nnotice; and\n(c) the person considers that there were insufficient grounds for\ngiving the notice.\n(2) The person may apply, in writing, to the Minister for compensation.\n(3) The application must give reasons why the person considers that there\nwere insufficient grounds for giving the prohibition notice.\n","sortOrder":138},{"sectionNumber":"121","sectionType":"section","heading":"Compensation for prohibition notice","content":"121 Compensation for prohibition notice\n(1) This section applies if a person applies under section 120 for\ncompensation in relation to the giving of a prohibition notice.\n(2) If, after considering the application, the Minister is satisfied that there\nwere insufficient grounds for giving the prohibition notice, the\nTerritory must pay the person the reasonable compensation decided\nby the Minister.\n(3) However, compensation is not payable to the person—\n(a) in relation to any loss or expense suffered by the person because\nof an act or omission of the person; or\n\n(b) if the person caused or contributed to the situation or\ncircumstances that caused the prohibition notice to be given.\n(4) The Minister must give the person written notice of the Minister’s\ndecision on the application.\n(5) If the Minister does not decide the application within 28 days after\nthe day the Minister receives the application, the Minister is taken to\nhave refused to pay compensation.\n\nEnforceable undertakings Part 6.5\n","sortOrder":139},{"sectionNumber":"122","sectionType":"section","heading":"Definitions for pt 6.5","content":"122 Definitions for pt 6.5\nalleged contravention—see section 123 (3) (b).\nenforceable undertaking means a safety undertaking that has been\naccepted under section 124.\nrelevant person, for an enforceable undertaking, means the person\nwho gave the undertaking.\nsafety undertaking—see section 123 (2).\n","sortOrder":140},{"sectionNumber":"123","sectionType":"section","heading":"Making of safety undertakings","content":"123 Making of safety undertakings\n(1) This section applies if the work health and safety commissioner\nalleges that a person has contravened a provision of this Act in\nrelation to a dangerous substance.\n(2) The person may give the work health and safety commissioner a\nwritten undertaking (a safety undertaking) to comply with the\nprovision in relation to the substance.\n(3) The safety undertaking must—\n(a) state that it is an enforceable undertaking under this Act; and\n(b) acknowledge that the work health and safety commissioner\nalleges that the person has contravened a stated provision of this\nAct (the alleged contravention); and\n(c) identify the facts and circumstances of the alleged\ncontravention; and\n\n(d) include 1 or more undertakings relating to the alleged\ncontravention; and\n(e) include a statement to the effect that each person who is required\ncomplying with the duty.\nExamples of undertakings\n1 to cease a certain conduct\n2 to take particular action to compensate people adversely affected by a\ncontravention of this Act\n3 to take particular action to rectify a state of affairs that arose as a direct or\nindirect result of the contravention\n4 to take particular action (including implementing particular systems) to\nprevent future contraventions of this Act\n5 to implement publicity or education programs\n","sortOrder":141},{"sectionNumber":"124","sectionType":"section","heading":"Acceptance of safety undertaking","content":"124 Acceptance of safety undertaking\n(1) The work health and safety commissioner may accept a safety\nundertaking by written notice given to the person who gave the\nundertaking.\n(2) On the acceptance of the safety undertaking, the undertaking becomes\nan enforceable undertaking.\n","sortOrder":142},{"sectionNumber":"125","sectionType":"section","heading":"Withdrawal from or amendment of enforceable","content":"125 Withdrawal from or amendment of enforceable\nundertaking\n(1) A relevant person for an enforceable undertaking may withdraw from\nor amend the undertaking only with the work health and safety\ncommissioner’s written agreement.\n(2) However, the enforceable undertaking may not be amended to\nprovide for a different alleged contravention.\n\nEnforceable undertakings Part 6.5\n","sortOrder":143},{"sectionNumber":"126","sectionType":"section","heading":"Term of enforceable undertaking","content":"126 Term of enforceable undertaking\n(1) A safety undertaking is enforceable from the time it becomes an\nenforceable undertaking.\n(2) The work health and safety commissioner may end an enforceable\nundertaking by written notice to the relevant person for the\nundertaking if satisfied that the undertaking is no longer necessary or\ndesirable.\n(3) The work health and safety commissioner may act under subsection\n(2) on the work health and safety commissioner’s own initiative or on\nthe application of the relevant person for the enforceable undertaking.\n(4) The undertaking ends when the relevant person for the enforceable\nundertaking receives the work health and safety commissioner’s\nnotice.\n","sortOrder":144},{"sectionNumber":"127","sectionType":"section","heading":"Safety undertaking not admission of fault etc","content":"127 Safety undertaking not admission of fault etc\n(1) This section applies if a person gives the work health and safety\ncommissioner a safety undertaking, whether or not the undertaking is\naccepted by the work health and safety commissioner.\n(2) Giving the safety undertaking—\n(a) is not an express or implied admission of fault or liability by the\nperson in relation to the alleged contravention; and\n(b) is not relevant to deciding fault or liability in relation to the\nalleged contravention.\n\n","sortOrder":145},{"sectionNumber":"128","sectionType":"section","heading":"Contravention of enforceable undertakings","content":"128 Contravention of enforceable undertakings\n(1) If the work health and safety commissioner believes, on reasonable\ngrounds, that an enforceable undertaking has been contravened by\nanyone, the work health and safety commissioner may apply to the\nMagistrates Court for an order under subsection (2).\n(2) If the Magistrates Court is satisfied that the enforceable undertaking\nhas been contravened, the court may make 1 or more of the following\norders:\n(a) an order requiring the relevant person for the undertaking to\nensure that the undertaking is not contravened;\n(b) an order requiring the relevant person for the undertaking to pay\nto the Territory the amount assessed by the court as the value of\nthe benefits anyone derived, directly or indirectly, from the\ncontravention of the undertaking;\n(c) an order that the court considers appropriate requiring the\nrelevant person for the undertaking to compensate someone who\nhas suffered loss or damage because of the contravention of the\nundertaking;\n(d) any other order that the court considers appropriate.\n(3) A person commits an offence if the person fails to take all reasonable\nsteps to comply with an order under subsection (2).\nMaximum penalty: 200 penalty units.\n\nInjunctions Part 6.6\n","sortOrder":146},{"sectionNumber":"129","sectionType":"section","heading":"Injunctions to restrain offences against Act","content":"129 Injunctions to restrain offences against Act\n(1) This section applies if a person has committed, is committing, or is\nlikely to commit, an offence against this Act.\nNote 1 A reference to an offence against a territory law includes a reference to a\nrelated ancillary offence, eg attempt (see Legislation Act, s 189).\n(2) The work health and safety commissioner or any other interested\nperson may apply to the Magistrates Court for an injunction.\n(3) On application under subsection (2), the Magistrates Court may grant\nan injunction restraining the person from contravening this Act\n(including by requiring the person to do something).\n(4) The Magistrates Court may grant the injunction—\n(a) whether or not it appears to the court that the person intends to\ncontravene this Act, contravene this Act again or continue to\ncontravene this Act; and\n(b) whether or not the person has previously contravened this Act;\nand\n(c) whether or not there is a likelihood of the health or safety of a\nperson being affected by, or property or the environment being\ndamaged by, a hazard if the person contravenes this Act; and\n(d) whether or not a proceeding for an offence against this Act has\nbegun or is about to begin.\n\n(5) The Magistrates Court may grant an interim injunction restraining the\nperson from committing an offence against this Act (including\nrequiring the person to do something) before deciding an application\nfor an injunction under this section.\n","sortOrder":147},{"sectionNumber":"130","sectionType":"section","heading":"Enforcement of injunctions","content":"130 Enforcement of injunctions\nThe Magistrates Court has the same powers as the Supreme Court to\nenforce an injunction (including an interim injunction) made under\nthis part.\n","sortOrder":148},{"sectionNumber":"131","sectionType":"section","heading":"Amendment or discharge of injunctions","content":"131 Amendment or discharge of injunctions\nThe Magistrates Court may amend or discharge an injunction\n(including an interim injunction) made under this part on the\napplication of the work health and safety commissioner or any other\ninterested person.\n","sortOrder":149},{"sectionNumber":"132","sectionType":"section","heading":"Interim injunctions—undertakings about damages","content":"132 Interim injunctions—undertakings about damages\n(1) If the work health and safety commissioner applies for an injunction\nunder this part, the Magistrates Court must not require the work health\nand safety commissioner to give an undertaking about costs or\ndamages as a condition of granting an interim injunction.\n(2) The Magistrates Court must accept an undertaking from the work\nhealth and safety commissioner about costs or damages, and not\nrequire a further undertaking from anyone else, if—\n(a) the applicant for an injunction under this part is not the work\nhealth and safety commissioner; and\n(b) the court would, apart from this subsection, require the applicant\nto give an undertaking about costs or damages; and\n(c) the work health and safety commissioner gives the undertaking.\n\nInjunctions Part 6.6\n","sortOrder":150},{"sectionNumber":"133","sectionType":"section","heading":"Magistrates Court’s other powers not limited","content":"133 Magistrates Court’s other powers not limited\n(1) The powers given to the Magistrates Court under this part are in\naddition to any other powers of the court.\n(2) In particular, an application to the Magistrates Court for an injunction\nunder this part may be made without notice to the person against\nwhom the injunction is sought.\n\n","sortOrder":151},{"sectionNumber":"134","sectionType":"section","heading":"Inspector may buy samples without complying with pt 6.7","content":"134 Inspector may buy samples without complying with pt 6.7\nThis part does not stop an inspector from buying a sample of a\nsubstance for analysis for the routine monitoring of compliance with\nthis Act without complying with the requirements of this part.\nNote For the admissibility of the analysis of a sample of a substance taken by\nan inspector, see s 204.\n","sortOrder":152},{"sectionNumber":"135","sectionType":"section","heading":"Person in charge etc to be told sample to be analysed","content":"135 Person in charge etc to be told sample to be analysed\n(1) This section applies if an inspector proposes to take, or takes, a\nsample of a substance for analysis from premises where a dangerous\nsubstance is handled.\n(2) Before or as soon as practicable after taking the sample, the inspector\nmust tell a person in charge of the premises of the inspector’s\nintention to have the sample analysed.\n(3) If a person in charge is not present or readily available, the inspector\nmust instead tell the person from whom the sample was obtained of\nthe inspector’s intention to have the sample analysed.\n","sortOrder":153},{"sectionNumber":"136","sectionType":"section","heading":"Payment for samples","content":"136 Payment for samples\n(1) This section applies if an inspector takes a sample of a substance for\nanalysis from premises where a dangerous substance is handled.\n(2) The inspector must pay, or offer to pay, to the person from whom the\nsample is taken—\n(a) the amount (if any) prescribed by regulation as the amount\npayable for the sample; or\n(b) if no amount is prescribed—the current market value of the\nsample.\n\nTaking and analysis of samples Part 6.7\n","sortOrder":154},{"sectionNumber":"137","sectionType":"section","heading":"Samples from packaged substances","content":"137 Samples from packaged substances\nIf a package of a substance contains 2 or more smaller packages of\nthe same substance, the inspector may take 1 of the smaller packages\nfor analysis.\n","sortOrder":155},{"sectionNumber":"138","sectionType":"section","heading":"Procedures for dividing samples","content":"138 Procedures for dividing samples\n(1) This section applies to a sample of a substance being taken by an\ninspector for analysis and is subject to section 139.\n(2) The inspector must—\n(a) divide the sample into 3 separate parts, and mark and seal or\nfasten each part; and\n(b) leave 1 part with the person told under section 135 (Person in\ncharge etc to be told sample to be analysed) of the inspector’s\nintention to have the sample analysed; and\n(c) keep 1 of the parts for analysis; and\n(d) keep 1 part for future comparison with the other parts of the\nsample.\n(3) If a sample of a substance taken by an inspector is in the form of\nseparate or severable objects, the inspector—\n(a) may take a number of the objects; and\n(b) if the inspector takes a number of the objects, must—\n(i) divide them into 3 parts each consisting of 1 or more of the\nobjects, or of the severable parts of the objects, and mark\nand either seal or fasten each part; and\n(ii) deal with the sample under subsection (2) (b) to (d).\n\n","sortOrder":156},{"sectionNumber":"139","sectionType":"section","heading":"Exception to s 138","content":"139 Exception to s 138\n(1) This section applies to a sample of a substance being taken by an\ninspector for analysis if dividing the substance into 3 separate parts\nwould, in the inspector’s opinion—\n(a) so affect or impair the composition or quality of the sample as\nto make the separate parts unsuitable for accurate analysis; or\n(b) result in the separate parts being of an insufficient size for\naccurate analysis; or\n(c) otherwise make the sample unsuitable for analysis (including a\nmethod of analysis prescribed by regulation for the substance in\nrelation to which the sample was taken).\n(2) The inspector may take as many samples as the inspector considers\nnecessary to allow an accurate analysis to be made, and may deal with\nthe sample or samples in any way that is appropriate in the\ncircumstances, instead of complying with section 138.\n","sortOrder":157},{"sectionNumber":"140","sectionType":"section","heading":"Certificates of analysis by authorised analysts","content":"140 Certificates of analysis by authorised analysts\n(1) The analysis of a sample of a substance for the work health and safety\ncommissioner must be carried out by, or under the supervision of, an\nauthorised analyst.\n(2) The authorised analyst must give to the work health and safety\ncommissioner a certificate of analysis that—\n(a) is signed and dated by the analyst; and\n(b) contains a written report of the analysis that sets out the findings;\nand\n(c) identifies the method of analysis.\nNote For the evidentiary status of a certificate under this section, see s 203.\n\nGeneral Part 7.1\n","sortOrder":158},{"sectionNumber":"Part 7","sectionType":"part","heading":"1 General","content":"Part 7.1 General\n","sortOrder":159},{"sectionNumber":"141","sectionType":"section","heading":"Definitions for ch 7","content":"141 Definitions for ch 7\nconnected—a thing is connected with an offence if—\n(a) the offence has been committed in relation to it; or\n(b) it will provide evidence of the commission of the offence; or\n(c) it was used, is being used, or is intended to be used, to commit\nthe offence.\ndata includes—\n(a) information in any form; and\n(b) a program (or part of a program).\ndata storage device means a thing containing, or designed to contain,\ndata for use by a computer.\noffence includes an offence that there are reasonable grounds for\nbelieving has been, is being, or will be, committed.\nperson assisting, in relation to a search warrant, means a person who\nhas been authorised by an inspector to assist in executing the warrant.\nsearch warrant means a warrant issued under part 7.3 (Search\nwarrants) that is in force.\n\n","sortOrder":160},{"sectionNumber":"142","sectionType":"section","heading":"General power to enter premises","content":"142 General power to enter premises\n(1) For this Act, an inspector may—\n(a) at any reasonable time, enter premises that the inspector\nbelieves, on reasonable grounds, are—\n(i) premises used in relation to the handling of dangerous\nsubstances; or\n(ii) premises where there are documents relating to the\nhandling of dangerous substances or plant or a system for\nhandling dangerous substances; or\n(b) at any reasonable time, enter premises that the public is entitled\nto use or that are open to the public (whether or not on payment\nof money); or\n(c) at any time, enter premises with the consent of a person in charge\nof the premises; or\n(d) enter premises in accordance with a search warrant; or\n(e) at any time, enter premises if the inspector believes, on\nreasonable grounds, that the circumstances are of such\nseriousness and urgency as to require immediate entry to the\npremises without the authority of a search warrant.\n(2) However, subsection (1) (a) does not authorise entry into a part of\npremises that is being used only for residential purposes unless that\npart of the premises is being used in relation to the handling of\ndangerous substances.\n\n(3) For subsection (1), an inspector may stop and detain a vehicle that the\ninspector believes, on reasonable grounds—\n(a) is carrying dangerous substances; or\n(b) contains documents relating to the handling of dangerous\nsubstances or plant or a system for handling dangerous\nsubstances.\n(4) For subsection (3), the inspector—\n(a) may direct the driver of the vehicle to move the vehicle to a place\n(or another place) to which the public has access; and\n(b) may exercise the inspector’s powers in relation to the vehicle at\nthe place; and\n(c) must not detain the vehicle for longer than is reasonably\nnecessary to exercise the inspector’s powers under this chapter.\n(5) An inspector may, without the consent of a person in charge of\npremises, enter the land around the premises to ask for consent to\nenter the premises.\n(6) To remove any doubt, an inspector may enter premises under\nsubsection (1) without payment of any entry fee or other charge.\n(7) For subsection (1) (e), the inspector may enter the premises with any\n(8) In this section:\nat any reasonable time means at any time—\n(a) for subsection (1) (a) (i)—during normal business hours or any\nother time when the premises are being used in relation to the\nhandling of dangerous substances; or\n(b) for subsection (1) (a) (ii)—during normal business hours; or\n\n(c) for subsection (1) (b)—when the public is entitled to use the\npremises, or when the premises are open to or used by the public,\nwhether or not on payment of money.\n","sortOrder":161},{"sectionNumber":"143","sectionType":"section","heading":"Production of identity card","content":"143 Production of identity card\nAn inspector must not remain at premises entered under this chapter\nif the inspector does not produce his or her identity card for inspection\nwhen asked by a person in charge of the premises.\n","sortOrder":162},{"sectionNumber":"144","sectionType":"section","heading":"Consent to entry","content":"144 Consent to entry\n(1) When seeking the consent of a person in charge of premises to enter\nthe premises under section 142 (1) (c) (General power to enter\npremises), an inspector must—\n(a) produce his or her identity card; and\n(b) tell the person—\n(i) the purpose of the entry; and\n(ii) that anything found and seized under this chapter may be\nused in evidence in court; and\n(iii) that consent may be refused.\n(2) If the person in charge consents, the inspector must ask the person to\nsign a written acknowledgment (an acknowledgment of consent)—\n(a) that the person was told—\n(i) the purpose of the entry; and\n(ii) that anything found and seized under this chapter may be\nused in evidence in court; and\n(iii) that consent may be refused; and\n(b) that the person consented to the entry; and\n(c) stating the time and date when consent was given.\n\n(3) If the person in charge signs an acknowledgment of consent, the\ninspector must immediately give a copy to the person.\n(4) A court must find that a person in charge of premises did not consent\nto an entry to the premises by an inspector under this chapter if—\n(a) the question whether the person consented to the entry arises in\na proceeding in the court; and\n(b) an acknowledgment of consent for the entry is not produced in\nevidence for the entry; and\n(c) it is not proved that the person consented to the entry.\n","sortOrder":163},{"sectionNumber":"145","sectionType":"section","heading":"General powers of inspectors—premises","content":"145 General powers of inspectors—premises\nAn inspector who enters premises under this chapter may, for this\nAct, do 1 or more of the following in relation to the premises or\nanything at the premises:\n(a) examine anything at the premises;\n(b) examine and copy, or take extracts from, documents relating\nto—\n(i) the handling of dangerous substances; or\n(ii) plant or a system used for handling dangerous substances;\nor\n(iii) a contravention, or possible contravention, of this Act;\n(c) examine and copy, or take extracts from, any packaging,\nlabelling or advertising material;\n(d) open (or require to be opened) any container or package that the\ninspector believes, on reasonable grounds—\n(i) contains a dangerous substance or equipment; or\n(ii) is, or has been, used in relation to the carrying of a\ndangerous substance;\n\n(e) open or operate (or require to be opened or operated) plant or a\nsystem;\n(f) take for analysis samples of water, soil or anything else that is\npart of the environment to find out whether the environment\nposes a risk to the health or safety of people;\n(g) subject to part 6.7 (Taking and analysis of samples), take for\nanalysis samples of anything else (including any substance) at\nthe premises;\n(h) carry out any other examination to find out whether this Act has\nbeen, or is being, complied with;\n(i) take measurements, conduct tests and make sketches, drawings\nor any other kind of record (including photographs, films, or\naudio, video or other recordings);\n(j) under section 152, seize a thing at the premises;\n(k) take onto the premises any people, equipment or material the\ninspector reasonably needs to exercise a power under this Act;\n(l) require a person in charge of the premises, or anyone at the\npremises, to give information, answer questions, or produce\ndocuments or anything else, reasonably needed to exercise the\ninspector’s functions under this Act;\nNote The Legislation Act, s 170 and s 171 deal with the application of the\nprivilege against self-incrimination and client legal privilege.\n\n(m) require a person in charge of the premises, or anyone at the\npremises, to give the inspector reasonable assistance to exercise\na function under this chapter.\nNote 2 Examine includes inspect, weigh, count, test or measure (see dict).\nNote 3 A reference to an Act includes a reference to statutory instruments made\n","sortOrder":164},{"sectionNumber":"146","sectionType":"section","heading":"General powers of inspectors for public places","content":"146 General powers of inspectors for public places\n(1) An inspector may exercise 1 or more of the powers mentioned in\nsection 145 in relation to a substance at a public place if the inspector\nsuspects, on reasonable grounds, that the substance is a dangerous\n(2) This Act applies in relation to the exercise of a power under\nsubsection (1) as if—\n(a) the public place were premises entered by the inspector under\nthis chapter; and\n(b) all other necessary changes were made.\n(3) Without limiting subsection (2), if a person is required to do\nsomething by an inspector under subsection (1), the person need not\ncomply with the requirement if the inspector does not produce his or\nher identity card for inspection when asked by the person.\n(4) However, subsection (3) does not apply in relation to an inspector\nwho is a police officer in uniform.\n\n","sortOrder":165},{"sectionNumber":"147","sectionType":"section","heading":"Contravention of requirement by inspector","content":"147 Contravention of requirement by inspector\nA person must take all reasonable steps to comply with a requirement\nmade of the person under section 145 (l) or (m) (including a\nrequirement made in relation to a substance at a public place).\nNote The Legislation Act, s 170 and s 171 deal with the application of the\nprivilege against self-incrimination and client legal privilege.\n","sortOrder":166},{"sectionNumber":"148","sectionType":"section","heading":"Power to take action to prevent etc imminent risk","content":"148 Power to take action to prevent etc imminent risk\n(1) This section applies if an inspector believes, on reasonable grounds\nthat—\n(a) there is an imminent risk of serious harm to a person, or of\nsubstantial damage to property or the environment, in relation to\na dangerous substance at premises or from plant or a system for\nhandling a dangerous substance at the premises; and\n(b) it is necessary for the inspector to take action without delay to\nprevent or minimise the risk.\nNote 2 Premises includes any land, structure or vehicle and any part of an area\n(2) This section applies even if an inspector has given a responsible\nperson for the premises an improvement or prohibition notice in\nrelation to the premises and the time for complying with the notice\nhas not ended.\n(3) The inspector may take the action the inspector believes, on\nreasonable grounds, is necessary to prevent or minimise the risk.\n(4) For subsection (3), the inspector may enter the premises with any\n\n(5) In deciding the action to be taken, the inspector must, to the extent\nthat is reasonably practicable, consult with a person in charge of the\npremises and the work health and safety commissioner.\n(6) The action an inspector may take includes asking someone the\ninspector believes, on reasonable grounds, has appropriate knowledge\nand experience to help the inspector prevent or minimise the risk.\n(7) If an inspector asks someone to help under subsection (6), the person\nis taken to have the powers of an inspector to the extent reasonably\nnecessary for the person to help prevent or minimise the risk.\n(8) The power to enter premises under this section is additional to the\npowers under section 142 (General power to enter premises).\n","sortOrder":167},{"sectionNumber":"149","sectionType":"section","heading":"Report about action under s 148","content":"149 Report about action under s 148\nAs soon as practicable after taking action under section 148, an\ninspector must—\n(a) prepare a report that outlines why the action was taken, the\naction that was taken and any damage to property because of the\naction; and\n(b) give a copy of the report to a person in charge of the premises\nand the work health and safety commissioner.\n","sortOrder":168},{"sectionNumber":"150","sectionType":"section","heading":"Recovery of Territory’s costs for action under s 148","content":"150 Recovery of Territory’s costs for action under s 148\n(1) This section applies if an inspector takes action under section 148 (3)\n(Power to take action to prevent etc imminent risk) to prevent or\nminimise a risk.\n(2) Costs incurred by the Territory in relation to the action are a debt\nowing to the Territory by, and are recoverable together and separately\nfrom, the following people:\n(a) the person who owned the dangerous substance to which the risk\nrelated;\n\n(b) each person in control of the premises where the action was\ntaken;\n(c) the person who caused the risk.\n(3) However, costs are not recoverable from a person if the person\nestablishes that—\n(a) the risk was caused by the act or omission of someone other than\nthe person or the person’s employee or agent; and\n(b) reasonable precautions were taken and appropriate diligence\nwas exercised by the person to avoid the act or omission.\n(4) This section does not limit the powers the Territory has apart from\n","sortOrder":169},{"sectionNumber":"151","sectionType":"section","heading":"Power of entry etc in relation to dangerous occurrences","content":"151 Power of entry etc in relation to dangerous occurrences\n(1) This section applies if an inspector believes, on reasonable grounds,\nthat a dangerous occurrence has happened, is happening or is about\nto happen at premises.\n(2) The inspector may enter the premises to investigate the dangerous\noccurrence, ensure the premises are safe and prevent the concealment,\nloss or destruction of anything reasonably relevant to the\ninvestigation of the occurrence.\n(3) For subsection (2), the inspector may enter the premises with any\n(4) The inspector may do anything reasonably necessary for a purpose\nmentioned in subsection (2).\n(5) If an inspector acts under this section in the absence of a person in\ncharge of the premises, the inspector must, when leaving the\npremises, leave a written notice, secured in a conspicuous place,\nsetting out—\n(a) the inspector’s name; and\n\n(b) the time and date of the entry; and\n(c) the purpose of the entry; and\n(d) how to contact the inspector.\n(6) The power to enter premises under this section is additional to the\npowers under section 142 (General power to enter premises).\n","sortOrder":170},{"sectionNumber":"152","sectionType":"section","heading":"Power to seize things","content":"152 Power to seize things\n(1) An inspector who enters premises under this chapter with the consent\nof a person in charge of the premises may seize anything at the\npremises if—\n(a) the inspector is satisfied, on reasonable grounds, that the thing\nis connected with an offence against this Act; and\n(b) seizure of the thing is consistent with the purpose of the entry\ntold to the person when seeking the person’s consent.\n(2) An inspector who enters premises under a warrant issued under this\nchapter may seize anything at the premises that the inspector is\nauthorised to seize under the warrant.\n(3) An inspector who enters premises under this chapter (whether with\nthe consent of a person in charge of the premises, under a warrant or\notherwise) may seize anything at the premises if satisfied, on\n(a) the thing is connected with an offence against this Act; and\n(b) the seizure is necessary to prevent the thing from being—\n(i) concealed, lost or destroyed; or\n(ii) used to commit, continue or repeat the offence.\n\n(4) Also, an inspector who enters premises under this chapter (whether\nwith the consent of a person in charge of the premises, under a warrant\nor otherwise) may seize anything at the premises if satisfied, on\nreasonable grounds, that the thing poses a risk to the health or safety\nof people or of damage to property or the environment.\n(5) The powers of an inspector under subsections (3) and (4) are\nadditional to any powers of the inspector under subsection (1) or (2)\nor any other territory law.\n","sortOrder":171},{"sectionNumber":"153","sectionType":"section","heading":"Action in relation to thing seized","content":"153 Action in relation to thing seized\n(1) This section applies if an inspector has seized a thing at premises (the\nplace of seizure) under section 152.\n(2) The inspector may—\n(a) remove the thing from the place of seizure to another place; or\n(b) leave the thing at the place of seizure but restrict access to it; or\n(c) for a thing mentioned in section 154 (1)—destroy or otherwise\ndispose of the thing under section 154 (5) (Power to destroy\nunsafe things).\nExample of how access may be restricted\nThe inspector may—\n(a) place the seized thing in a room or other enclosed area, compartment or cabinet\nat the place of seizure; and\n(b) fasten and seal the door or opening providing access to the room, area,\ncompartment or cabinet; and\n(c) mark the door or opening in a way that indicates that access to it has been\nrestricted under this Act.\n(a) the person interferes with a seized thing, or anything containing\na seized thing, to which access has been restricted under\nsubsection (2); and\n\n(b) the person does not have an inspector’s approval to interfere\nwith the thing.\n","sortOrder":172},{"sectionNumber":"154","sectionType":"section","heading":"Power to destroy unsafe things","content":"154 Power to destroy unsafe things\n(1) This section applies to anything inspected or seized under this chapter\nby an inspector if the inspector is satisfied, on reasonable grounds,\nthat the thing poses a risk to the health or safety of people or of\ndamage to property or the environment.\n(2) The inspector may require a person in charge of the premises where\nthe thing is to destroy or otherwise dispose of the thing.\n(3) The requirement may state 1 or more of the following:\n(a) how the thing must be destroyed or otherwise disposed of;\n(b) how the thing must be kept until it is destroyed or otherwise\ndisposed of;\n(c) the period within which the thing must be destroyed or otherwise\ndisposed of.\n(4) A person in charge of the premises where the thing is commits an\noffence if the person contravenes a requirement given to the person\nunder subsection (2).\n(5) Alternatively, if the thing has been seized under this chapter, the\ninspector may destroy or otherwise dispose of the thing.\n(6) Costs incurred by the Territory in relation to the disposal of a thing\nunder subsection (5) are a debt owing to the Territory by, and are\nrecoverable together and separately from, the following people:\n(a) the person who owned the thing;\n\n(b) each person in control of the premises where the thing was.\n(7) An offence against this section is a strict liability offence.\n","sortOrder":173},{"sectionNumber":"155","sectionType":"section","heading":"Power to require name and address","content":"155 Power to require name and address\n(1) An inspector may require a person to state the person’s name and\nhome address if the inspector suspects, on reasonable grounds, that\nthe person is committing, is about to commit, or has just committed,\nan offence against this Act.\n(2) If an inspector makes a requirement of a person under subsection (1),\nthe inspector must—\n(a) tell the person the reasons for the requirement; and\n(b) as soon as practicable, record the reasons.\n(3) A person commits an offence if the person contravenes a requirement\nunder subsection (1).\nMaximum penalty: 10 penalty units.\n(4) However, a person is not required to comply with a requirement under\nsubsection (1) if, when asked by the person, the inspector does not\nproduce his or her identity card for inspection by the person.\n(5) Subsection (4) does not apply in relation to an inspector who is a\npolice officer in uniform.\n(6) An offence against this section is a strict liability offence.\n\n","sortOrder":174},{"sectionNumber":"156","sectionType":"section","heading":"Inspector’s power to require production of licence","content":"156 Inspector’s power to require production of licence\n(a) an inspector suspects, on reasonable grounds, that the person is\nhandling, is about to handle, or has just handled, a dangerous\n(b) a regulation requires the handling to be authorised under a\nlicence.\n(2) The inspector may require the person to produce for inspection any\nlicence that authorises the person to handle the dangerous substance.\n(3) If an inspector makes a requirement of a person under subsection (2),\nthe inspector must—\n(a) tell the person the reasons for the requirement; and\n(b) as soon as practicable, record the reasons.\n(4) A person commits an offence if the person contravenes a requirement\nunder subsection (2).\nMaximum penalty: 5 penalty units.\n(5) However, a person is not required to comply with a requirement under\nsubsection (2) if, when asked by the person, the inspector does not\nproduce his or her identity card for inspection by the person.\n(6) Subsection (5) does not apply in relation to an inspector who is a\npolice officer in uniform.\n(7) An offence against this section is a strict liability offence.\n(8) In this section:\nlicence includes an authority (however described) issued under a\ncorresponding law that, under a regulation, authorises a person to\nhandle a dangerous substance.\n\n","sortOrder":175},{"sectionNumber":"157","sectionType":"section","heading":"Warrants generally","content":"157 Warrants generally\n(1) An inspector may apply to a magistrate for a warrant to enter\n(2) The application must be sworn and state the grounds on which the\nwarrant is sought.\n(3) The magistrate may refuse to consider the application until the\ninspector gives the magistrate all the information the magistrate\nrequires about the application in the way the magistrate requires.\n(4) The magistrate may issue a warrant only if satisfied there are\nreasonable grounds for suspecting—\n(a) there is a particular thing or activity connected with an offence\nagainst this Act; and\n(b) the thing or activity is, or is being engaged in, at the premises,\nor may be, or may be engaged in, at the premises within the next\n14 days.\nNote At premises includes in or on the premises (see dict).\n(5) The warrant must state—\n(a) that an inspector may, with any necessary assistance and force,\nenter the premises and exercise the inspector’s powers under this\nchapter; and\n(b) the offence for which the warrant is issued; and\n(c) the things that may be seized under the warrant; and\n(d) the hours when the premises may be entered; and\n(e) the date, within 14 days after the day of the warrant’s issue, that\nthe warrant ends.\n\n(6) In this section:\nconnected—an activity is connected with an offence if—\n(a) the offence has been committed by engaging or not engaging in\nit; or\n(b) it will provide evidence of the commission of the offence.\nNote For the meaning of thing connected with an offence, see s 141.\n","sortOrder":176},{"sectionNumber":"158","sectionType":"section","heading":"Warrants—application made other than in person","content":"158 Warrants—application made other than in person\n(1) An inspector may apply for a warrant by phone, fax, radio or other\nform of communication if the inspector considers it necessary\nbecause of—\n(a) urgent circumstances; or\n(b) other special circumstances.\n(2) Before applying for the warrant, the inspector must prepare an\napplication stating the grounds on which the warrant is sought.\n(3) The inspector may apply for the warrant before the application is\nsworn.\n(4) After issuing the warrant, the magistrate must immediately provide a\nwritten copy to the inspector if it is practicable to do so.\n(5) If it is not practicable to provide a written copy to the inspector—\n(a) the magistrate must—\n(i) tell the inspector what the terms of the warrant are; and\n(ii) tell the inspector the date and time the warrant was issued;\nand\n\n(b) the inspector must complete a form of warrant (the warrant\nform) and write on it—\n(i) the magistrate’s name; and\n(ii) the date and time the magistrate issued the warrant; and\n(iii) the warrant’s terms.\n(6) The written copy of the warrant, or the warrant form properly\ncompleted by the inspector, authorises the entry and exercise of the\ninspector’s powers under this chapter.\n(7) The inspector must, at the first reasonable opportunity, send to the\nmagistrate—\n(a) the sworn application; and\n(b) if the inspector completed a warrant form—the completed\nwarrant form.\n(8) On receiving the documents, the magistrate must attach them to the\nwarrant.\n(9) A court must find that a power exercised by an inspector was not\nauthorised by a warrant under this section if—\n(a) the question arises in a proceeding before the court whether the\nexercise of power was authorised by a warrant; and\n(b) the warrant is not produced in evidence; and\n(c) it is not proved that the exercise of power was authorised by a\nwarrant under this section.\n","sortOrder":177},{"sectionNumber":"159","sectionType":"section","heading":"Search warrants—announcement before entry","content":"159 Search warrants—announcement before entry\n(1) An inspector must, before anyone enters premises under a search\nwarrant—\n(a) announce that the inspector is authorised to enter the premises;\nand\n\n(b) give anyone at the premises an opportunity to allow entry to the\n(c) if a person in charge of the premises, or someone else who\napparently represents the person, is present at the premises—\nidentify himself or herself to the person.\n(2) The inspector is not required to comply with subsection (1) if the\ninspector believes, on reasonable grounds, that immediate entry to the\npremises is required to ensure—\n(a) the safety of anyone (including the inspector or any person\nassisting); or\n(b) that the effective execution of the warrant is not frustrated.\n","sortOrder":178},{"sectionNumber":"160","sectionType":"section","heading":"Details of search warrant to be given to person in charge","content":"160 Details of search warrant to be given to person in charge\netc\nIf a person in charge of the premises, or someone else who apparently\nwarrant is being executed, the inspector or a person assisting must\nmake available to the person—\n(a) a copy of the warrant; and\n(b) a document setting out the rights and obligations of the person.\n","sortOrder":179},{"sectionNumber":"161","sectionType":"section","heading":"Person in charge entitled to be present during search etc","content":"161 Person in charge entitled to be present during search etc\n(1) If a person in charge of premises, or someone else who apparently\nwarrant is being executed, the person in charge or the other person is\nentitled to observe the search being conducted.\n(2) However, the person is not entitled to observe the search if—\n(a) to do so would impede the search; or\n\n(b) the person is under arrest, and allowing the person to observe\nthe search being conducted would interfere with the objectives\nof the search.\n(3) This section does not prevent 2 or more areas of the premises being\nsearched at the same time.\n","sortOrder":180},{"sectionNumber":"162","sectionType":"section","heading":"Moving things to another place for examination or","content":"162 Moving things to another place for examination or\nprocessing\n(1) A thing found at premises entered under a search warrant may be\nmoved to another place for examination or processing to decide\nwhether it may be seized under the warrant if—\n(a) both of the following apply:\n(i) there are reasonable grounds for believing that the thing is\nor contains something to which the warrant relates;\n(ii) it is significantly more practicable to do so having regard\nto the timeliness and cost of examining or processing the\nthing at another place and the availability of expert\nassistance; or\n(b) a person in charge of the premises agrees in writing.\n(2) The thing may be moved to another place for examination or\nprocessing for no longer than 72 hours.\n(3) An inspector may apply to a magistrate for an extension of time if the\ninspector believes, on reasonable grounds, that the thing cannot be\nexamined or processed within 72 hours.\n(4) The inspector must give notice of the application to a person in charge\nof the premises, and the person is entitled to be heard on the\napplication.\n\n(5) If a thing is moved to another place under this section, the inspector\nmust, if practicable—\n(a) tell a person in charge of the premises the address of the place\nwhere, and time when, the examination or processing will be\ncarried out; and\n(b) allow the person or the person’s representative to be present\nduring the examination or processing.\n(6) The provisions of this chapter relating to the issue of search warrants\napply, with any necessary changes, to the giving of an extension\nunder this section.\n","sortOrder":181},{"sectionNumber":"163","sectionType":"section","heading":"Use of electronic equipment at premises","content":"163 Use of electronic equipment at premises\n(1) An inspector or a person assisting may operate electronic equipment\nat premises entered under a search warrant to access data (including\ndata not held at the premises) if the inspector or person believes, on\n(a) the data might be something to which the warrant relates; and\n(b) the equipment can be operated without damaging the data.\n(2) If the inspector or person assisting believes, on reasonable grounds,\nthat any data accessed by operating the electronic equipment might\nbe something to which the warrant relates, the inspector or person\nmay—\n(a) copy the data to a data storage device brought to the premises;\nor\n(b) if a person in charge of the premises agrees in writing—copy the\ndata to a data storage device at the premises.\n(3) The inspector or person assisting may take the device from the\n\n(4) The inspector or person assisting may do the following things if the\ninspector or person finds that anything to which the warrant relates\n(the material) is accessible using the equipment:\n(a) seize the equipment and any data storage device;\n(b) if the material can, by using facilities at the premises, be put in\ndocumentary form—operate the facilities to put the material in\nthat form and seize the documents produced.\n(5) An inspector may seize equipment under subsection (4) (a) only if—\n(a) it is not practicable to copy the data as mentioned in\nsubsection (2) or to put the material in documentary form as\nmentioned in subsection (4) (b); or\n(b) possession of the equipment by a person in charge of the\npremises or someone else could be an offence.\n","sortOrder":182},{"sectionNumber":"164","sectionType":"section","heading":"Person with knowledge of computer or computer system","content":"164 Person with knowledge of computer or computer system\nto assist access etc\n(1) An inspector may apply to a magistrate for an order requiring a stated\nperson to provide any information or assistance that is reasonably\nnecessary to allow the inspector or a person assisting to do 1 or more\nof the following:\n(a) access data held in or accessible from a computer that is at the\npremises;\n(b) copy the data to a data storage device;\n(c) convert the data into documentary form.\n(2) The magistrate may make an order if satisfied that—\n(a) there are reasonable grounds for suspecting that something to\nwhich the warrant relates is accessible from the computer; and\n\n(b) the stated person is—\n(i) reasonably suspected of possessing, or having under the\nperson’s control, something to which the warrant relates;\nor\n(ii) the owner or lessee of the computer; or\n(iii) an employee or agent of the owner or lessee of the\ncomputer; and\n(c) the stated person has knowledge of—\n(i) the computer or a computer network of which the computer\nforms a part; or\n(ii) measures applied to protect data held in or accessible from\nthe computer.\n(3) A person commits an offence if the person contravenes an order under\nMaximum penalty: 50 penalty units, imprisonment for 6 months or\n(4) The provisions of this chapter relating to the issue of search warrants\napply, with any necessary changes, to the making of an order under\n","sortOrder":183},{"sectionNumber":"165","sectionType":"section","heading":"Securing electronic equipment","content":"165 Securing electronic equipment\n(1) This section applies if the inspector or a person assisting believes, on\n(a) something to which the warrant relates (the material) may be\naccessible by operating electronic equipment at the premises;\nand\n(b) expert assistance is required to operate the equipment; and\n(c) the material may be destroyed, altered or otherwise interfered\nwith if the inspector or person does not take action.\n\n(2) The inspector or person may do whatever is necessary to secure the\nequipment, whether by locking it up, placing a guard or otherwise.\n(3) The inspector or a person assisting must give written notice to a\nperson in charge of the premises of—\n(a) the inspector’s or person’s intention to secure the equipment;\nand\n(b) the fact that the equipment may be secured for up to 24 hours.\n(4) The equipment may be secured until the earlier of the following\nevents happens:\n(a) the end of the 24-hour period;\n(b) the equipment is operated by the expert.\n(5) If the inspector or a person assisting believes on reasonable grounds\nthat the expert assistance will not be available within the 24-hour\nperiod, the inspector or person may apply to a magistrate to extend\nthe period.\n(6) The inspector or a person assisting must tell a person in charge of the\npremises of the intention to apply for an extension, and the person is\nentitled to be heard on the application.\n(7) The provisions of this chapter relating to the issue of search warrants\napply, with any necessary changes, to the giving of an extension\nunder this section.\n\n","sortOrder":184},{"sectionNumber":"166","sectionType":"section","heading":"Copies of seized things to be provided","content":"166 Copies of seized things to be provided\n(a) a person in charge of premises, or someone else who apparently\nwarrant is executed; and\n(b) the inspector seizes—\n(i) a document, film, computer file or something else that can\nbe readily copied; or\n(ii) a data storage device containing information that can be\nreadily copied.\n(2) The person in charge or other person may ask the inspector to give\nthe person a copy of the thing or information.\n(3) The inspector must give the person the copy as soon as practicable\nafter the seizure.\n(4) However, the inspector is not required to give the copy if—\n(a) the thing was seized under section 163 (Use of electronic\nequipment at premises); or\n(b) possession of the thing or information by a person in charge of\nthe premises or someone else would be an offence.\n\nPart 7.4 Return and forfeiture of things\nseized\n","sortOrder":185},{"sectionNumber":"167","sectionType":"section","heading":"Receipt for things seized","content":"167 Receipt for things seized\n(1) As soon as practicable after a thing is seized by an inspector under\nthis chapter, the inspector must give a receipt for it to the person from\nwhom it was seized.\n(2) If, for any reason, it is not practicable to comply with subsection (1),\nthe inspector must leave the receipt, secured conspicuously, at the\nplace of seizure under section 153 (1) (Action in relation to thing\nseized).\n(3) A receipt under this section must include the following:\n(a) a description of the thing seized;\n(b) an explanation of why the thing was seized;\n(c) an explanation of the person’s right to apply to a court under\nsection 170 for an order disallowing the seizure;\n(d) if the thing is removed from the premises where it is seized—\nwhere the thing is to be taken to;\n(e) the inspector’s name, and how to contact the inspector.\n","sortOrder":186},{"sectionNumber":"168","sectionType":"section","heading":"Access to things seized","content":"168 Access to things seized\n(1) This section applies to a document or anything else seized under this\nchapter.\n(2) If asked by a person who would be entitled to inspect the thing if it\nwere not seized under this chapter, an inspector must allow the\nperson, at any reasonable time—\n(a) for a document—to inspect it, take extracts from it or make\ncopies of it; and\n(b) for anything else—to inspect it.\n\n(3) This section does not apply to—\n(a) a thing seized under section 152 (4) (which is about the seizure\nof a thing that poses a risk to the health or safety of people or of\ndamage to property or the environment); or\n(b) a thing seized under section 163 (Use of electronic equipment at\npremises); or\n(c) a thing or information if possession of it by the person otherwise\nentitled to inspect it would be an offence.\n","sortOrder":187},{"sectionNumber":"169","sectionType":"section","heading":"Return of things seized","content":"169 Return of things seized\n(1) A thing seized under this chapter must be returned to its owner, or\nreasonable compensation must be paid to the owner by the Territory\nfor the loss of the thing, if—\n(a) an infringement notice for an offence connected with the thing\nis not served on the owner within 1 year after the day of the\nseizure and either—\n(i) a prosecution for an offence connected with the thing is not\nbegun within the 1-year period; or\n(ii) a prosecution for an offence connected with the thing is\nbegun within the 1-year period but the court does not find\nthe offence proved; or\n(b) an infringement notice for an offence connected with the thing\nis served on the owner within 1 year after the day of the seizure,\nthe infringement notice is withdrawn and—\n(i) a prosecution for an offence connected with the thing is not\nbegun within the 1-year period; or\n(ii) a prosecution for an offence connected with the thing is\nbegun within the 1-year period but the court does not find\nthe offence proved; or\n\n(c) an infringement notice for an offence connected with the thing\nis served on the owner within 1 year after the day of the seizure,\nliability for the offence is disputed in accordance with the\nMagistrates Court Act 1930, section 132 (Disputing liability for\ninfringement notice offence) and—\n(i) an information is not laid in the Magistrates Court against\nthe person for the offence within 60 days after the day\nnotice is given under section 132 that liability is disputed;\nor\n(ii) the Magistrates Court does not find the offence proved; or\n(d) before the thing is forfeited to the Territory under section 173\n(Forfeiture of seized things), the work health and safety\ncommissioner—\n(i) becomes satisfied that there has been no offence against\nthis Act with which the thing was connected; or\n(ii) decides not to prosecute or serve an infringement notice for\nthe offence.\n(2) However, this section does not apply—\n(a) to a thing seized under section 152 (4) (which is about the\nseizure of things that pose a risk to the health or safety of people\nor of damage to property or the environment)); or\n(b) to a thing if the work health and safety commissioner believes,\non reasonable grounds, that the only practical use of the thing in\nrelation to the premises where it was seized would be an offence\nagainst this Act; or\n(c) to a thing if possession of it by its owner would be an offence.\n\n","sortOrder":188},{"sectionNumber":"170","sectionType":"section","heading":"Application for order disallowing seizure","content":"170 Application for order disallowing seizure\n(1) A person claiming to be entitled to anything seized under this chapter\nmay apply to the Magistrates Court within 10 days after the day of\nthe seizure for an order disallowing the seizure.\n(2) However, this section does not apply to a thing seized under\nsection 152 (4) (which is about the seizure of things that pose a risk\nto the health or safety of people or of damage to property or the\nenvironment).\n(3) The application may be heard only if the applicant has served a copy\nof the application on the work health and safety commissioner.\n(4) The work health and safety commissioner is entitled to appear as\nrespondent at the hearing of the application.\n","sortOrder":189},{"sectionNumber":"171","sectionType":"section","heading":"Order for return of seized thing","content":"171 Order for return of seized thing\n(1) This section applies if a person claiming to be entitled to anything\nseized under this chapter applies to the Magistrates Court under\nsection 170 for an order disallowing the seizure.\n(2) The Magistrates Court must make an order disallowing the seizure if\nthe court is satisfied that—\n(a) the applicant would, apart from the seizure, be entitled to the\nreturn of the seized thing; and\n(b) the thing is not connected with an offence against this Act; and\n(c) possession of the thing by the person would not be an offence.\n(3) The Magistrates Court may also make an order disallowing the\nseizure if satisfied there are exceptional circumstances justifying the\nmaking of the order.\n\n(4) If the Magistrates Court makes an order disallowing the seizure, the\ncourt may make 1 or more of the following ancillary orders:\n(a) an order directing the work health and safety commissioner to\nreturn the thing to the applicant or to someone else that appears\nto be entitled to it;\n(b) if the thing cannot be returned or has depreciated in value\nbecause of the seizure—an order directing the Territory to pay\nreasonable compensation;\n(c) an order about the payment of costs in relation to the application.\n","sortOrder":190},{"sectionNumber":"172","sectionType":"section","heading":"Adjournment pending hearing of other proceedings","content":"172 Adjournment pending hearing of other proceedings\n(1) This section applies to the hearing of an application under section 170\n(Application for order disallowing seizure).\n(2) If it appears to the Magistrates Court that the seized thing is required\nto be produced in evidence in a pending proceeding in relation to an\noffence against a territory law, the court may, on the application of\nthe work health and safety commissioner or its own initiative, adjourn\nthe hearing until the end of that proceeding.\n","sortOrder":191},{"sectionNumber":"173","sectionType":"section","heading":"Forfeiture of seized things","content":"173 Forfeiture of seized things\n(a) anything seized under this chapter has not been destroyed or\notherwise disposed of under section 154 (Power to destroy\nunsafe things) or returned under section 169 (Return of things\nseized); and\n(b) an application for disallowance of the seizure under section 170\n(Application for order disallowing seizure)—\n(i) has not been made within 10 days after the day of the\nseizure; or\n\n(ii) has been made within that period, but the application has\nbeen refused or has been withdrawn before a decision in\nrelation to the application had been made.\n(2) If this section applies to the seized thing—\n(a) it is forfeited to the Territory; and\n(b) it may be sold, destroyed or otherwise disposed of as the work\nhealth and safety commissioner directs.\n","sortOrder":192},{"sectionNumber":"174","sectionType":"section","heading":"Return of forfeited things","content":"174 Return of forfeited things\n(1) This section applies to something forfeited under section 173 that has\nnot been disposed of in a way that would prevent its return.\n(2) If the work health and safety commissioner becomes satisfied that\nthere has been no offence against this Act with which the thing was\nconnected, the work health and safety commissioner must, as soon as\npracticable, return the thing to the person from whom it was seized or\nsomeone else who appears to the work health and safety\ncommissioner to be entitled to it.\n(3) On its return, any proprietary and other interests in the thing that\nexisted immediately before its forfeiture are restored.\n\n","sortOrder":193},{"sectionNumber":"175","sectionType":"section","heading":"Cost of disposal of things forfeited","content":"175 Cost of disposal of things forfeited\n(a) a person is convicted, or found guilty, of an offence against this\nAct in relation to something forfeited to the Territory under this\nchapter; and\n(b) the thing was connected with an offence against this Act; and\n(c) the person was the owner of the thing immediately before its\nforfeiture.\nNote For the meaning of found guilty, see the Legislation Act, dict, pt 1.\n(2) If this section applies, costs incurred by or on behalf of the Territory\nin relation to the lawful disposal of the thing (including storage costs)\nare a debt owing to the Territory by the person.\n\nOther enforcement provisions Part 7.5\n","sortOrder":194},{"sectionNumber":"176","sectionType":"section","heading":"Damage etc to be minimised","content":"176 Damage etc to be minimised\n(1) In the exercise, or purported exercise, of a function under this chapter,\nan inspector must take all reasonable steps to ensure that the\ninspector, and any person assisting, causes as little inconvenience,\ndetriment and damage as is practicable.\n(2) If an inspector, or a person assisting, damages anything in the exercise\nor purported exercise of a function under this chapter, the inspector\nmust give written notice of particulars of the damage to the person\nwhom the inspector believes, on reasonable grounds, is the owner of\nthe thing.\n(3) If the damage happens at premises entered under this chapter in the\nabsence of a person in charge of the premises, the notice may be given\nby leaving it secured in a conspicuous place at the premises.\n","sortOrder":195},{"sectionNumber":"177","sectionType":"section","heading":"Compensation to be paid in certain circumstances","content":"177 Compensation to be paid in certain circumstances\n(1) A person may claim compensation from the Territory if the person\nsuffers loss or expense because of the exercise, or purported exercise,\nof a function under this chapter by an inspector or person assisting.\n(2) Compensation may be claimed and ordered in a proceeding for—\n(a) compensation brought in a court of competent jurisdiction; or\n(b) an order under section 170 (Application for order disallowing\nseizure); or\n(c) an offence against this Act brought against the person making\nthe claim for compensation.\n\n(3) A court may order the payment of reasonable compensation for the\nloss or expense only if it is satisfied it is just to make the order in the\ncircumstances of the particular case.\n(4) A regulation may prescribe matters that may, must or must not be\ntaken into account by the court in considering whether it is just to\nmake the order.\n\n","sortOrder":196},{"sectionNumber":"178","sectionType":"section","heading":"Meaning of recall order for ch 8","content":"178 Meaning of recall order for ch 8\nrecall order means an emergency order requiring the recall or\ndisposal, or both, of a dangerous substance.\n","sortOrder":197},{"sectionNumber":"179","sectionType":"section","heading":"Emergency orders","content":"179 Emergency orders\nThe Minister may, in writing, make an order (an emergency order) if\nthe Minister believes, on reasonable grounds, that the order is\nnecessary to prevent or minimise a risk of serious harm to the health\nor safety of people, or substantial damage to property or the\nenvironment, from a hazard associated with a dangerous substance.\nNote An order may be made in relation to a particular kind of dangerous\nsubstance (see Legislation Act, s 48).\n","sortOrder":198},{"sectionNumber":"180","sectionType":"section","heading":"Nature of emergency orders","content":"180 Nature of emergency orders\nAn emergency order in relation to a dangerous substance may do 1 or\nmore of the following:\n(a) require the publication of warnings, in a form approved by the\nMinister, that the substance is unsafe;\n(b) prohibit the handling of the substance or particular kinds of\nhandling of the substance, including, for example, the sale of the\nsubstance;\n(c) prohibit the advertising of the substance;\n(d) require the recall of the substance if it has been consigned or\ndistributed for sale or sold and state how, and the period within\nwhich, the recall is to be conducted;\n(e) require the destruction or other disposal of the substance, and\nstate how the disposal is to be done;\n\n(f) prohibit absolutely the carrying on of an activity in relation to\nthe substance, or permit the carrying on of the activity only in\naccordance with conditions stated in the order;\n(g) require the taking and analysis of samples of the substance or of\nwater, soil or anything else that is part of the environment where\nthe activity is or has been engaged in in relation to the substance;\n(h) require that stated methods be used for analysis of any samples\nrequired to be taken in accordance with the order.\n","sortOrder":199},{"sectionNumber":"181","sectionType":"section","heading":"Special provisions for recall orders","content":"181 Special provisions for recall orders\n(1) A recall order in relation to a dangerous substance may require a\nperson bound by the order to tell the public (or a stated part of the\npublic), in a stated way, 1 or more of the following:\n(a) the substance to be recalled or disposed of;\n(b) the reasons why the substance is considered to be a hazard;\n(c) the circumstances in which the substance may cause a risk;\n(d) procedures for disposing of the substance.\n(2) A person who is required by a recall order to recall a dangerous\nsubstance must give written notice to the work health and safety\ncommissioner of the completion of the recall as soon as practicable\nafter its completion.\n(3) A person bound by a recall order is liable to the Territory for any costs\nincurred by the Territory in relation to the recall order.\nNote An amount owing under a law may be recovered as a debt in a court of\ncompetent jurisdiction or the ACAT (see Legislation Act, s 177).\n(4) In a proceeding for the recovery of any costs, a certificate signed by\nthe work health and safety commissioner stating the amount of the\ncosts, and how they were incurred, is evidence of the matters stated\nin the certificate.\n\n","sortOrder":200},{"sectionNumber":"182","sectionType":"section","heading":"How emergency orders are made","content":"182 How emergency orders are made\n(1) An emergency order may be addressed to—\n(a) a person or 2 or more people; or\n(b) a class of people or the general public.\n(2) A copy of an emergency order mentioned in subsection (1) (a) must\nbe served on the person or people to whom it is addressed.\nNote For how documents may be served, see the Legislation Act, pt 19.5.\n(3) As soon as practicable after an emergency order mentioned in\nsubsection (1) (b) is made, the Minister must give public notice of the\norder in a way that, in the Minister’s opinion, will be most likely to\nbring the order to the attention of the people to be bound by it.\nNote Public notice means notice on an ACT government website or in a daily\n(4) The notice must set out the terms of the order and the people to be\nbound by it.\n(5) An emergency order, when it takes effect, is binding on the person or\npeople to whom it is addressed.\n(6) An emergency order that is served on a person takes effect in relation\nto the person when it is served on the person.\n(7) An emergency order that is published under subsection (3) takes\neffect on the day after the day the order’s 1st published under that\nsubsection.\n(8) An order ends at the end of 90 days after the day it takes effect unless\nit is sooner revoked.\n(9) Subsection (8) does not prevent a further order being made in the\nsame terms as an order that has ended.\n\n","sortOrder":201},{"sectionNumber":"183","sectionType":"section","heading":"Stay or variation of emergency orders by Supreme Court","content":"183 Stay or variation of emergency orders by Supreme Court\n(1) A person bound by an emergency order may apply to the Supreme\nCourt for an order staying or otherwise affecting the operation of the\norder.\n(2) The Supreme Court may make an order staying or otherwise affecting\nthe operation of an emergency order only if satisfied that the making\nof the order will not—\n(a) create or significantly increase the possibility of a risk of serious\nharm to the health or safety of people, or substantial damage to\nproperty or the environment, from a hazard associated with a\ndangerous substance; or\n(b) aggravate significantly the harm to the health or safety of\npeople, or damage to property or the environment, from a\nsubstantial hazard associated with a dangerous substance.\n(3) In deciding whether to make an order under this section, the Supreme\nCourt must have regard to section 185 (Compensation for emergency\norder).\n","sortOrder":202},{"sectionNumber":"184","sectionType":"section","heading":"Failure to comply with emergency order","content":"184 Failure to comply with emergency order\n(a) the person contravenes a prohibition imposed on the person by\nan emergency order; or\n(b) the person fails to take all reasonable steps to comply with a\ndirection given by an emergency order.\nMaximum penalty: 500 penalty units.\nemergency order includes an emergency order as affected by any\norder of the Supreme Court under section 183.\n\n","sortOrder":203},{"sectionNumber":"185","sectionType":"section","heading":"Compensation for emergency order","content":"185 Compensation for emergency order\n(a) an emergency order has been made that binds, or has bound, a\nperson; and\n(b) the person suffers loss or damage because of the making of the\norder; and\n(c) the person considers that there were insufficient grounds to\nmake the order.\n(2) The person may apply, in writing, to the Minister for compensation.\n(3) The application must state the reasons why the person considers that\nthere were insufficient grounds to make the emergency order.\n(4) If, after considering the application, the Minister is satisfied that there\nwere insufficient grounds to make the emergency order, the Territory\nmust pay the person the reasonable compensation decided by the\nMinister.\n(5) However, compensation is not payable to the person—\n(a) in relation to any loss or damage suffered by the person because\nof an act or omission of the person; or\n(b) if the person caused or contributed to the relevant risk or harm\nto the health or safety of people or of damage to property or the\nenvironment.\n(6) The Minister must give the person written notice of the Minister’s\ndecision on the application.\n(7) If the Minister does not decide the application within 28 days after\nthe day the Minister receives the application, the Minister is taken to\nhave refused to pay compensation.\n\n","sortOrder":204},{"sectionNumber":"Part 9","sectionType":"part","heading":"Notification and review of","content":"Chapter 9 Notification and review of\ndecisions\n","sortOrder":205},{"sectionNumber":"186","sectionType":"section","heading":"Definitions—ch 9","content":"186 Definitions—ch 9\ndecision-maker means any of the following:\n(a) the Minister;\n(b) the director-general;\n(c) an inspector;\n(d) a licensed asbestos assessor.\ninternally reviewable decision means a decision (other than a\ndecision made personally by the Minister or work health and safety\ncommissioner) prescribed by regulation.\ninternal reviewer—see section 188.\ninternal review notice—see the ACT Civil and Administrative\nTribunal Act 2008, section 67B (1).\nreviewable decision means—\n(a) an internal reviewer’s decision in relation to an internally\nreviewable decision; or\n(b) a decision-maker’s decision (other than an internally reviewable\ndecision) prescribed by regulation.\n\nNotification and review of decisions Chapter 9\n","sortOrder":206},{"sectionNumber":"186A","sectionType":"section","heading":"Internal review notices","content":"186A Internal review notices\nIf a decision-maker makes an internally reviewable decision, the\ndecision-maker must give an internal review notice to each entity\nprescribed by regulation in relation to the decision.\nNote The decision-maker must also take reasonable steps to give an internal\nreview notice to any other person whose interests are affected by the\ndecision (see ACT Civil and Administrative Tribunal Act 2008, s 67B).\n","sortOrder":207},{"sectionNumber":"187","sectionType":"section","heading":"Applications for internal review","content":"187 Applications for internal review\n(1) The following may apply to the work health and safety commissioner\nfor review of an internally reviewable decision:\n(a) an entity prescribed by regulation in relation to the decision;\n(b) any other person whose interests are affected by the decision.\n(2) The application must—\n(a) be in writing; and\n(b) state the applicant’s name and address; and\n(c) set out the applicant’s reasons for making the application.\n(3) The application must be given to the work health and safety\ncommissioner within—\n(a) 28 days after the day the applicant is given the internal review\nnotice for the decision; or\n(b) any longer period allowed by the work health and safety\ncommissioner before or after the end of the 28-day period.\nNote Section 191 provides for ACAT review of reviewable decisions that are\nnot internally reviewable decisions.\n","sortOrder":208},{"sectionNumber":"187A","sectionType":"section","heading":"Applications not stay internally reviewable decisions","content":"187A Applications not stay internally reviewable decisions\nThe making of an application for review of an internally reviewable\ndecision does not affect the operation of the decision.\n\n","sortOrder":209},{"sectionNumber":"188","sectionType":"section","heading":"Internal reviewer","content":"188 Internal reviewer\nThe work health and safety commissioner must arrange for a person\n(the internal reviewer) who did not make the internally reviewable\ndecision to review the decision.\n","sortOrder":210},{"sectionNumber":"189","sectionType":"section","heading":"Review by internal reviewer","content":"189 Review by internal reviewer\n(1) The internal reviewer for an internally reviewable decision must\nreview the decision.\n(2) The review must happen within 5 business days (the 5-day period)\nafter the day the work health and safety commissioner receives the\napplication for review of the internally reviewable decision.\n(3) The internal reviewer must—\n(a) confirm the decision; or\n(b) vary the decision; or\n(c) set aside the decision and substitute the reviewer’s own decision.\n(4) If the decision is not varied or set aside within the 5-day period, the\ndecision is taken to have been confirmed by the internal reviewer.\n","sortOrder":211},{"sectionNumber":"190","sectionType":"section","heading":"Reviewable decision notices","content":"190 Reviewable decision notices\nIf an internal reviewer or decision-maker makes a reviewable\ndecision, the reviewer or decision-maker must give a reviewable\ndecision notice to each entity prescribed by regulation in relation to\nthe decision.\nNote The internal reviewer or decision-maker must also take reasonable steps\nto give a reviewable decision notice to any other person whose interests\nare affected by the decision (see ACT Civil and Administrative Tribunal\nAct 2008, s 67A).\n\nNotification and review of decisions Chapter 9\n","sortOrder":212},{"sectionNumber":"191","sectionType":"section","heading":"Applications for review","content":"191 Applications for review\nThe following may apply to the ACAT for review of a reviewable\ndecision:\n(a) for an internal reviewer’s decision in relation to an internally\nreviewable decision—an entity to whom an internal review\nnotice is required to be given in relation to the decision;\n(b) an entity prescribed by regulation in relation to the decision;\n(c) any other person whose interests are affected by the decision.\n\nChapter 10 Procedural and evidentiary\nprovisions\nPart 10.1 General provisions about\noffences against Act\n192 Acts and omissions of representatives\nperson means an individual.\nrepresentative, of a person, means an employee or agent of the\nperson.\nstate of mind, of a person, includes—\n(a) the person’s knowledge, intention, opinion, belief or purpose;\nand\n(b) the person’s reasons for the intention, opinion, belief or purpose.\n(2) This section applies to a prosecution for any offence against this Act.\n(3) If it is relevant to prove a person’s state of mind about an act or\nomission, it is enough to show—\n(a) the act was done or omission made by a representative of the\nperson within the scope of the representative’s actual or\napparent authority; and\n(b) the representative had the state of mind.\n(4) An act done or omitted to be done on behalf of a person by the\nperson’s representative within the scope of the representative’s actual\nor apparent authority is also taken to have been done or omitted to be\ndone by the person.\n\n(5) However, subsection (4) does not apply if the person establishes that\nreasonable precautions were taken and appropriate diligence was\nexercised to avoid the act or omission.\n(6) A person who is convicted of an offence cannot be punished by\nimprisonment for the offence if the person would not have been\nconvicted of the offence without subsection (3) or (4).\n","sortOrder":213},{"sectionNumber":"193","sectionType":"section","heading":"Criminal liability of corporation officers","content":"193 Criminal liability of corporation officers\n(1) This section applies to the following provisions:\n(a) a provision mentioned in section 41 (Meaning of safety duty for\npt 3.2);\n(b) a provision of part 4.3 (Offences relating to licences);\n(c) a provision of chapter 5 (Other serious offences);\n(d) section 107 (Contravention of improvement notices);\n(e) section 119 (Contravention of prohibition notices);\n(f) section 128 (Contravention of enforceable undertakings).\n(2) An officer of a corporation commits an offence if—\n(a) the corporation contravenes a provision to which this section\napplies; and\n(b) the contravention is an offence against this Act (the relevant\noffence); and\n(c) the officer was reckless about whether the contravention would\nhappen; and\n(d) the officer was in a position to influence the conduct of the\ncorporation in relation to the contravention; and\n\n(e) the officer failed to take all reasonable steps to prevent the\ncontravention.\nMaximum penalty: The maximum penalty that may be imposed for\nthe commission of the relevant offence by an individual.\n(3) This section applies whether or not the corporation is prosecuted for,\nor convicted of, the relevant offence.\n(4) In deciding whether the officer took (or failed to take) reasonable\nsteps to prevent the contravention, a court must have regard to the\nfollowing:\n(a) any action the officer took directed towards ensuring the\nfollowing (to the extent that the action is relevant to the act or\nomission):\n(i) that the corporation arranged regular professional\nassessments of the corporation’s compliance with the\ncontravened provision;\n(ii) that the corporation implemented any appropriate\nrecommendation arising from such an assessment;\n(iii) that the corporation’s employees, agents and contractors\nhad a reasonable knowledge and understanding of the\nrequirement to comply with the contravened provision;\n(b) any action the officer took when the officer became aware that\nthe contravention was, or might be, about to happen.\n(5) Subsection (4) does not limit the matters to which the court may have\nregard.\n(6) This section does not apply if the corporation would have a defence\nto a prosecution for the relevant offence.\n\n","sortOrder":214},{"sectionNumber":"194","sectionType":"section","heading":"No defence to claim deterioration of sample","content":"194 No defence to claim deterioration of sample\nIt is not a defence in a proceeding for an offence against this Act for\na defendant to claim that any part of a sample kept for future\ncomparison with a sample that has been analysed has, from natural\ncauses, deteriorated, perished or undergone material change.\n","sortOrder":215},{"sectionNumber":"195","sectionType":"section","heading":"Remedial orders by courts for offences","content":"195 Remedial orders by courts for offences\n(a) a person is convicted, or found guilty, of an offence against this\nAct; and\n(b) the prosecutor asks the court to make an order under this section;\nand\n(c) it appears to the court that the person could partly or completely\nrectify a state of affairs that arose as a direct or indirect result of\nthe conduct that was the subject of the offence.\nNote For the meaning of found guilty, see the Legislation Act, dict, pt 1.\n(2) The court may order the person to take any steps that it considers are\nnecessary and appropriate to rectify the state of affairs and that are\nwithin the person’s power to take.\n(3) If a court makes an order under this section, it may also make any\nother consequential orders (including orders about costs) that it\nconsiders appropriate.\n","sortOrder":216},{"sectionNumber":"196","sectionType":"section","heading":"Court-directed publicity for offences","content":"196 Court-directed publicity for offences\nIf a person is convicted or found guilty of an offence against this Act,\nthe court may direct the person to publish a statement in accordance\nwith the directions of the court in relation to the offence.\n\n","sortOrder":217},{"sectionNumber":"197","sectionType":"section","heading":"Publication by work health and safety commissioner of","content":"197 Publication by work health and safety commissioner of\nconvictions etc\n(1) This section applies if a person, or a representative of the person, is\nconvicted or found guilty of an offence against this Act in relation to\na dangerous substance and—\n(a) the time for making an appeal against the conviction, or finding\nof guilt, ends without an application for an appeal being made;\nor\n(b) if an appeal is made against the conviction or finding of guilt—\n(i) the conviction or finding is confirmed on appeal, and the\ntime for making any further appeal in relation to the\nconviction or finding ends without an application for an\nappeal being made; or\n(ii) the appeal is withdrawn, struck out or discontinued or\nlapses; or\n(c) if a retrial has been ordered—the time for making an appeal on\nthe retrial ends in accordance with paragraph (a) or (b).\n(2) The work health and safety commissioner may publish the following\ninformation in relation to the conviction or finding of guilt in a way\nthat the work health and safety commissioner considers appropriate:\n(a) particulars that allow the public to identify the person;\n(b) details of the offence;\n\n(c) the decision of the court and the penalty imposed on the person\nor a representative of the person (including the forfeiture of\nanything under this Act).\nExamples of publication\n1 a press release\n2 an article in a document published by the Territory or a territory authority\n3 an advertisement in a newspaper circulating in the ACT\n4 a public notice\n1 the licensee’s name and ACN (if any)\n2 any name (and, if relevant, ACN) used in the past by the licensee\n3 the licensee’s current and previous business addresses\nNote 1 For the meaning of found guilty, see the Legislation Act, dict, pt 1.\nNote 2 Public notice means notice on an ACT government website or in a daily\n(3) If the conviction or finding of guilt is quashed or set aside on appeal,\nthe information must not be published.\n(4) If the penalty is changed on appeal, this section applies in relation to\nthe penalty as changed.\n(5) In this section:\nrepresentative of the person means—\n(a) if the person is an individual—an employee or agent of the\nperson; or\n(b) if the person is a corporation—an employee, agent or executive\nofficer of the person.\n\n","sortOrder":218},{"sectionNumber":"198","sectionType":"section","heading":"Court may order costs and expenses","content":"198 Court may order costs and expenses\n(1) A court that hears a proceeding for an offence against this Act may\nmake any order it considers appropriate in relation to costs and\nexpenses in relation to the examination, seizure, detention, storage,\nanalysis (including further analysis), destruction or other disposition\nof anything the subject of the proceeding.\n(2) This section does not affect any other power of the court to award\ncosts.\n","sortOrder":219},{"sectionNumber":"199","sectionType":"section","heading":"Court may order forfeiture","content":"199 Court may order forfeiture\nA court that convicts a person, or finds a person guilty, of an offence\nagainst this Act may order the forfeiture to the Territory of anything\nthat was used in the commission of the offence.\n","sortOrder":220},{"sectionNumber":"200","sectionType":"section","heading":"Notices of noncompliance by territory entities","content":"200 Notices of noncompliance by territory entities\n(1) This section applies if a territory entity (other than a territory-owned\ncorporation) commits an offence against this Act and the offence is\nan infringement notice offence.\nNote 1 For the meaning of territory-owned corporation, see the Legislation Act,\ndict, pt 1\n(2) An authorised person for the infringement notice offence may serve\na notice of noncompliance on the responsible director-general for the\nterritory entity.\nNote For how documents may be served, see the Legislation Act, pt 19.5.\n\nauthorised person, for an infringement notice offence, means an\nauthorised person for the infringement notice offence under the\nMagistrates Court Act 1930, section 134A.\nresponsible director-general—see the Auditor-General Act 1996,\ndictionary.\nterritory entity means an administrative unit or a territory entity under\nthe Auditor-General Act 1996.\n\n","sortOrder":221},{"sectionNumber":"201","sectionType":"section","heading":"Presumptions","content":"201 Presumptions\nIn a proceeding for an offence against this Act, it is presumed until\nthe contrary is proved, on the balance of probabilities, that—\n(a) a substance that is part of a batch, lot or consignment of the\nsubstance of the same kind or description is representative of all\nof the substance in the batch, lot or consignment; and\n(b) each part of a sample of a substance divided for analysis for this\nAct is of uniform composition with every other part of the\nsample; and\n(c) a person who sold a substance in the conduct of a business and\nwas not the holder of a licence sold the substance as the\nemployee of the licensee; and\n(d) a person who appears from any marking or label on an article,\ncontainer or package containing a substance for sale to have\nmanufactured, imported, packed or supplied the substance is a\nperson in control of the manufacture, import, packing or supply\nof the substance.\n","sortOrder":222},{"sectionNumber":"202","sectionType":"section","heading":"Certificate evidence etc","content":"202 Certificate evidence etc\n(1) This section applies in relation to a proceeding for an offence against\n(2) A document that appears to be a copy of a licence, approval, notice,\norder, authority or undertaking under this Act is evidence of the issue\nor giving of a licence, approval, notice, order, authority or\nundertaking.\n\nEvidentiary provisions Part 10.2\n(3) A certificate that appears to be signed by or on behalf of the work\nhealth and safety commissioner, and that states any of the following\nmatters, is evidence of the matters:\n(a) that there was, or was not, in force a licence, approval, notice,\norder, authority or undertaking in relation to a stated person or\npeople or premises;\n(b) that a licence, approval, notice, order, authority or undertaking\nauthorised or required or did not authorise or require a stated\nactivity at a particular time and place;\n(c) that a licence, approval, notice, order, authority or undertaking\nwas or was not subject to stated conditions;\n(d) that a substance is or is not a dangerous substance;\n(e) that a dangerous substance belongs to or does not belong to a\nparticular class or category of dangerous substances;\n(f) that an explosive is or is not a particular kind of explosive;\n(g) the receipt or otherwise of a notice, application or payment;\n(h) that an amount of fees or another amount is payable under this\nAct by a stated person.\n(4) A certificate that appears to be signed by or on behalf of the work\nhealth and safety commissioner, and states anything prescribed by\nregulation for this section, is evidence of the thing.\n(5) A certificate mentioned in subsection (3) or (4) may state anything by\nreference to a date or period.\n(6) A court must accept a certificate or other document mentioned in this\nsection as proof of the matters stated in it if there is no evidence to\nthe contrary.\n\n(7) In this section:\nauthority includes an appointment as an authorised analyst or\ninspector.\nnotice includes a compliance notice, improvement notice or\nprohibition notice.\norder includes an emergency order (including a recall order).\nundertaking means an enforceable undertaking under part 6.5.\n","sortOrder":223},{"sectionNumber":"203","sectionType":"section","heading":"Evidence of analysts","content":"203 Evidence of analysts\n(1) A certificate of the results of an analysis is admissible in a proceeding\nfor an offence against this Act, and is evidence of the facts stated in\nit, if a copy of the certificate is served by the party who obtained the\nanalysis on the other party to the proceeding at least 14 days before\nthe day of the hearing.\n(2) However, a court may order, at the request of a party to the\nproceeding or on its own initiative, that the period mentioned in\nsubsection (1) be reduced to the period stated in the court’s order.\n(3) An analyst who carried out an analysis in relation to which a\ncertificate is produced as evidence in a proceeding for an offence\nagainst this Act need not be called as a witness in the proceeding by\nthe party producing the certificate unless the court hearing the\nproceeding orders, at the request of a party to the proceeding or on its\nown initiative, that the analyst be called as a witness.\n","sortOrder":224},{"sectionNumber":"204","sectionType":"section","heading":"Admissibility of analysis of sample taken by inspector","content":"204 Admissibility of analysis of sample taken by inspector\nThe analysis of a sample of a substance taken by an inspector is\nadmissible in evidence in a proceeding for an offence against this Act\nonly if the sample was taken as required or allowed by part 6.7\n(Taking and analysis of samples).\n\nEvidentiary provisions Part 10.2\n","sortOrder":225},{"sectionNumber":"205","sectionType":"section","heading":"Power of court to order further analysis","content":"205 Power of court to order further analysis\n(1) This section applies if the court before which a person is being\nprosecuted for an offence against this Act is satisfied that there is a\ndisagreement between the evidence of the analysts for the parties to\nthe proceeding.\n(2) The court may order that the part or parts of a sample kept under\nsection 138 (Procedures for dividing samples) be sent by the work\nhealth and safety commissioner to an independent analyst.\n(3) For subsection (2), the order may require the sample to be sent to a\nparticular analyst or to an analyst agreed to by the parties.\n(4) An analyst who is sent a part or parts of a sample for analysis under\nthis section must make the analysis for the information of the court.\n(5) Subject to section 198 (Court may order costs and expenses), the cost\nof an analysis under this section is payable by the Territory.\n\n","sortOrder":226},{"sectionNumber":"206","sectionType":"section","heading":"Inspection of incorporated documents","content":"206 Inspection of incorporated documents\nThe work health and safety commissioner must ensure that an\nincorporated document is made available for inspection free of charge\nto the public on business days at reasonable times at the office of an\nadministrative unit administered by the work health and safety\ncommissioner.\n","sortOrder":227},{"sectionNumber":"207","sectionType":"section","heading":"Inspectors","content":"207 Inspectors\n(1) Each of the following is an inspector for this Act:\n(a) a police officer;\n(b) a public servant appointed under subsection (2);\n(c) the work health and safety commissioner.\n(2) The work health and safety commissioner may appoint a public\nservant as an inspector for this Act.\nNote For laws about appointments, see the Legislation Act, pt 19.3.\n","sortOrder":228},{"sectionNumber":"208","sectionType":"section","heading":"Identity cards","content":"208 Identity cards\n(1) This section applies only to an inspector appointed under\nsection 207 (2).\n(2) The work health and safety commissioner must give each inspector\nan identity card that states the person’s name and appointment as an\ninspector, and shows—\n(a) a recent photograph of the person; and\n(b) the date of issue of the card; and\n(c) the date of expiry of the card; and\n(d) anything else prescribed by regulation.\n\nAdministration Chapter 11\n(a) the person ceases to be an inspector; and\n(b) the person does not return the person’s identity card to the work\nhealth and safety commissioner as soon as practicable (but\nwithin 7 days) after the day the person ceases to be an inspector.\nMaximum penalty: 1 penalty unit.\n","sortOrder":229},{"sectionNumber":"209","sectionType":"section","heading":"Functions of inspectors","content":"209 Functions of inspectors\nThe functions of an inspector under this Act include the following:\n(a) to inspect and monitor the handling of dangerous substances and\npremises, plant and systems for handling dangerous substances;\n(b) to investigate compliance with this Act and incidents adversely\naffecting the safe handling of a dangerous substance.\n","sortOrder":230},{"sectionNumber":"210","sectionType":"section","heading":"Appointment of authorised analysts","content":"210 Appointment of authorised analysts\nThe work health and safety commissioner may appoint a person as an\nauthorised analyst for this Act.\nNote For laws about appointments, see the Legislation Act, pt 19.3.\n","sortOrder":231},{"sectionNumber":"211","sectionType":"section","heading":"Secrecy","content":"211 Secrecy\ncourt includes a tribunal or other entity with power to require the\nproduction of documents or the answering of questions.\nperson to whom this section applies means—\n(a) a person who is or has been an inspector; or\n(b) anyone else who has exercised a function under this Act.\nproduce includes allow access to.\n\nprotected information means information obtained under this Act in\nrelation to manufacturing secrets or commercial secrets, working\nprocesses or anything else prescribed by regulation.\n(a) the person is a person to whom this section applies; and\n(b) the person—\n(i) makes a record of protected information; or\n(ii) directly or indirectly, divulges or communicates protected\ninformation to a person; and\n(c) the record is not made, or the information is not divulged or\ncommunicated, in relation to the exercise of a function, as a\nperson to whom this section applies, under this Act or another\nterritory law.\nMaximum penalty: 50 penalty units, imprisonment for 6 months or\n(3) Subsection (2) does not prevent a person to whom this section applies\nfrom divulging or communicating protected information—\n(a) with the consent of the person from whom the information was\nobtained; or\n(b) to a person administering or enforcing a corresponding law; or\n(c) to a law enforcement authority.\n(4) A person to whom this section applies need not divulge or\ncommunicate protected information to a court, or produce a document\ncontaining protected information to a court, unless it is necessary to\ndo so for this Act or another Act.\n\nAdministration Chapter 11\n","sortOrder":232},{"sectionNumber":"212","sectionType":"section","heading":"Protection from liability","content":"212 Protection from liability\nofficial means—\n(a) the Minister; or\n(b) the work health and safety commissioner; or\n(c) an inspector; or\n(d) anyone else exercising functions under this Act.\n(2) An official does not incur civil liability for an act or omission done\nhonestly and without negligence for this Act.\n(3) Any civil liability that would, apart from this section, attach to an\nofficial attaches instead to the Territory.\n\n","sortOrder":233},{"sectionNumber":"Part 12","sectionType":"part","heading":"Regulations about dangerous","content":"Chapter 12 Regulations about dangerous\n","sortOrder":234},{"sectionNumber":"213","sectionType":"section","heading":"Regulations may apply etc instruments","content":"213 Regulations may apply etc instruments\n(1) A regulation may apply, adopt or incorporate an instrument, as in\nforce from time to time.\nNote The text of an applied, adopted or incorporated instrument, whether\napplied as in force from time to time or as at a particular time, is taken to\nbe a notifiable instrument if the operation of the Legislation Act, s 47 (5)\nor (6) is not disapplied (see s 47 (7)).\n(2) The Legislation Act, section 47 (6) does not apply in relation to the\nADG Code if applied, adopted or incorporated under subsection (1).\nNote The ADG Code does not need to be notified under the Legislation Act\nbecause s 47 (6) does not apply (see Legislation Act, s 47 (7)). The\nADG Code is accessible at www.ntc.gov.au.\n","sortOrder":235},{"sectionNumber":"214","sectionType":"section","heading":"Scheme for explosives to be prescribed","content":"214 Scheme for explosives to be prescribed\n(1) The regulations are to provide a scheme for regulating the handling\nof explosives.\n(2) However, subsection (1) does not require all aspects of the handling\nof all explosives to be licensed.\na person selling or possessing a distress flare may not be required under the\nregulations to hold a licence to sell or possess the flare\n(3) A regulation may make provision in relation to explosives, including,\nfor example—\n(a) the explosives that may or must not be handled, including—\n(i) the authorisation, control and prohibition of explosives for\nthis Act; and\n\n(ii) the composition, testing and classification of explosives;\nand\n(b) the kinds of handling of explosives that must be authorised by a\nlicence or by regulation; and\n(c) the packing, labelling and storage of explosives; and\n(d) the qualifications, training and experience of people to handle\nexplosives; and\n(e) the authorisation of people to handle explosives; and\n(f) the authorisation of vehicles to carry explosives and the routes\nover which explosives may or must not be carried; and\n(g) the purposes for which, and the circumstances in which,\nexplosives may or must not be handled; and\n(h) the duties of people, including reporting and notification\nrequirements, in relation to explosives; and\n(i) the advertising, display and sale of explosives; and\n(j) the making and keeping of records in relation to explosives and\ntheir inspection.\n(4) A regulation may also make provision in relation to dangerous\nsubstances, and other substances, that can be used to manufacture\nexplosives.\n","sortOrder":236},{"sectionNumber":"215","sectionType":"section","heading":"Regulations about licences","content":"215 Regulations about licences\n(1) A regulation may make provision in relation to licences for handling\ndangerous substances, including, for example—\n(a) prescribing the circumstances in which a licence is required for\nhandling dangerous substances by, for example, the class or kind\nof dangerous substance, the kind of handling, the circumstances\nof the handling or the amount handled; and\n\n(b) the suitability of a person to be licensed to handle dangerous\nsubstances, including—\n(i) the knowledge, experience and training of the person; and\n(ii) the testing or examination of a person to decide whether\nthe person is, or continues to be, a suitable person to hold\na licence; and\n(c) the suitability of premises (including vehicles) in relation to a\nlicence; and\n(d) the kinds of licences that may be issued and the authority given\nto a licensee by a particular kind of licence; and\n(e) the conditions of a licence; and\n(f) the creation and publication of registers in relation to licences;\nand\n(g) authorising a person to handle a prohibited dangerous substance\nor controlled dangerous substance for research, education or any\nother purpose.\n(2) A regulation may also provide the circumstances in which a licence\nor other form of authority (however described) to handle a dangerous\nsubstance under a corresponding law authorises a person to handle\nthe dangerous substance in the ACT.\n","sortOrder":237},{"sectionNumber":"216","sectionType":"section","heading":"Regulations about dangerous substances generally","content":"216 Regulations about dangerous substances generally\n(1) A regulation may make provision in relation to dangerous substances\n(including explosives), including, for example—\n(a) the methods and equipment for examining and testing a\nsubstance to decide whether the substance is a dangerous\n(b) the methods and equipment for classifying dangerous\n\n(c) the classification of dangerous substances, including the\nclassification (however described) to which a dangerous\nsubstance does or does not belong; and\n(d) the advertising, display and sale of dangerous substances; and\n(e) the safe handling of dangerous substances; and\n(f) the authorisation, control, notification and prohibition of the\nhandling of dangerous substances; and\n(g) the containers, plant, premises and systems for handling\ndangerous substances, including—\n(i) the suitability of premises (including vehicles) for handling\n(ii) the design, manufacture, construction, supply, installation,\noperation, maintenance, repair and use of containers,\npremises, plant and systems for handling dangerous\n(iii) the design, siting, construction and management of plant,\npremises and systems for handling dangerous substances;\nand\n(iv) the inspection, examination and testing of containers,\nplant, premises and systems for handling dangerous\n(v) the qualifications and authorisation of people installing,\nmaintaining or repairing containers, plant, premises and\nsystems for handling dangerous substances; and\n(vi) safety requirements and safety procedures in relation to\ncontainers, plant, premises and systems for handling\n\n(h) the packing, marking, labelling and packaging of dangerous\nsubstances, including—\n(i) the maximum sizes for containers and packages of\n(ii) the construction and properties of containers and packages\nfor dangerous substances; and\n(i) the preparation, review, supply and making available of safety\ninformation about dangerous substances; and\n(j) placarding in relation to dangerous substances, including the\nplacarding of manufacturing and storage facilities and other\npremises where dangerous substances are handled; and\n(k) safety management systems, including—\n(i) the preparation, implementation, keeping up to date and\ndocumentation of safety management systems; and\n(ii) the documentation of compliance with duties under safety\nmanagement systems; and\n(l) the making and keeping of records in relation to dangerous\nsubstances (including plant and premises for handling\ndangerous substances) and their inspection and auditing; and\n(m) the duties of people, including reporting and notification\nrequirements, in relation to dangerous substances; and\n(n) the creation and publication of registers in relation to dangerous\nsubstances and premises, plant and systems for handling\n(o) the safety procedures to be complied with in relation to premises\nused to handle dangerous substances.\n(2) A regulation may also make provision in relation to substances that\ncan be used to manufacture dangerous substances.\n\n","sortOrder":238},{"sectionNumber":"217","sectionType":"section","heading":"Regulations may exempt people, plant or premises from","content":"217 Regulations may exempt people, plant or premises from\nAct\n(1) A regulation may—\n(a) exempt plant, premises or a person, from this Act; or\n(b) authorise the work health and safety commissioner to exempt\nplant, premises or a person, from this Act.\nNote A reference to an Act includes a reference to a provision of an Act (see\nLegislation Act, s 7 (3)).\n(2) An exemption given by a regulation mentioned in subsection (1) may\nbe conditional.\n(3) A regulation may make provision in relation to the failure to comply\nwith a condition of an exemption (including an exemption under this\nsection).\n(4) A regulation may provide for the work health and safety\ncommissioner to—\n(a) suspend the operation of a regulation mentioned in\nsubsection (1) (a) in a certain way or in certain circumstances;\nor\n(b) suspend the operation of an exemption given by the work health\nand safety commissioner to plant or premises, or a person, in a\ncertain way or in certain circumstances.\n\n","sortOrder":239},{"sectionNumber":"218","sectionType":"section","heading":"Minister may exempt people, plant, premises or","content":"218 Minister may exempt people, plant, premises or\ndangerous substances from Act\n(1) The Minister may exempt plant, premises or a person, from this Act.\nNote A reference to an Act includes a reference to a provision of an Act (see\nLegislation Act, s 7 (3)).\n(2) An exemption may be conditional.\n(3) An exemption under subsection (1) has no effect to the extent that it\nis inconsistent with a regulation.\n(4) An exemption is a disallowable instrument.\n","sortOrder":240},{"sectionNumber":"219","sectionType":"section","heading":"Codes of practice","content":"219 Codes of practice\n(1) The Minister may approve codes of practice setting out guidelines for\n(2) An approved code of practice may apply, adopt or incorporate an\ninstrument, as in force from time to time.\nNote The text of an applied, adopted or incorporated instrument, whether\napplied as in force from time to time or as at a particular time, is taken to\nbe a notifiable instrument if the operation of the Legislation Act, s 47 (5)\nor (6) is not disapplied (see s 47 (7)).\n(3) An approval of a code of practice is a disallowable instrument.\n","sortOrder":241},{"sectionNumber":"221","sectionType":"section","heading":"Determination of fees","content":"221 Determination of fees\n(1) The Minister may determine fees for this Act.\n(2) A determination is a disallowable instrument.\n\nMiscellaneous Chapter 13\n","sortOrder":242},{"sectionNumber":"222","sectionType":"section","heading":"Approved forms","content":"222 Approved forms\n(1) The Minister may approve forms for this Act.\n(2) If the Minister approves a form for a particular purpose, the approved\nform must be used for that purpose.\n(3) An approved form is a notifiable instrument.\n","sortOrder":243},{"sectionNumber":"223","sectionType":"section","heading":"Regulation-making power","content":"223 Regulation-making power\n(1) The Executive may make regulations for this Act.\n(2) A regulation may prescribe offences for contraventions of a\nregulation and prescribe maximum penalties of not more than\n30 penalty units for offences against a regulation.\n\n(see s 3)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nNote 2 For example, the Legislation Act, dict, pt 1, defines the following terms:\n• ACAT\n• ACT\n• administrative unit\n• ambulance service\n• contravene\n• director-general (see s 163)\n• fail\n• fire and rescue service\n• found guilty\n• home address\n• instrument (see s 14)\n• notification (see s 63)\n• penalty unit (see s 133)\n• public servant\n• reviewable decision notice\n• rural fire service\n• SES\n• State\n• work health and safety commissioner.\nADG Code (or Australian Dangerous Goods Code) means the\nAustralian Code for the Transport of Dangerous Goods by Road and\nRail, published by the Commonwealth, as in force from time to time.\naffected building, for chapter 3A (Asbestos)—see section 47I.\naffected residential premises, for chapter 3A (Asbestos)—see\nsection 47I.\n\naffected residential premises register, for chapter 3A (Asbestos)—\nsee section 47P.\nalleged contravention, for part 6.5 (Enforceable undertakings)—see\nsection 123 (3) (b).\nanalysis, of a dangerous substance or anything else, includes\nexamining or testing the substance or thing.\napproved code of practice means a code of practice approved under\nsection 219 (1).\napproved occupant, for chapter 3A (Asbestos)—see section 47T.\nasbestos—see the Work Health and Safety Regulation 2011,\ndictionary.\nasbestos assessment report, for chapter 3A (Asbestos)—see\nsection 47K.\nasbestos contamination, for chapter 3A (Asbestos)—see section 47I.\nasbestos contamination report, for chapter 3A (Asbestos)—see\nsection 47J.\nat premises includes in or on the premises.\nAustralian Dangerous Goods Code—see ADG Code.\nAustralian Explosives Code means the Australian Code for the\nTransport of Explosives by Road and Rail, published by the\nCommonwealth, as in force from time to time.\nNote The Australian Explosives Code is accessible at\nwww.safeworkaustralia.gov.au.\nauthorised analyst means a person appointed as an authorised analyst\nunder section 210.\nauthorised person, for part 5.2 (Preservation of site of dangerous\noccurrence)—see section 85.\nbasis, for giving a prohibition notice—see section 108.\n\nbuilding work, for chapter 3A (Asbestos)—see the Building\nAct 2004, section 6.\nbusiness includes—\n(a) a business not carried on for profit; and\n(b) a trade or profession.\nbuyback scheme, for chapter 3A (Asbestos)—see section 47I.\ncarry a dangerous substance or anything else means move the\nsubstance or thing by any means.\nExamples of carry for a dangerous substance\n1 moving, transferring or transporting a dangerous substance within a\nprocessing system or pipeline\n2 loading a dangerous substance onto, and unloading the substance from, a\nvehicle\n3 driving a vehicle carrying a dangerous substance\ncause death or injury to a person, or substantial damage to property\nor the environment, means substantially contribute directly or\nindirectly to the death, injury or damage.\nclass, of building, for chapter 3A (Asbestos)—see section 47I.\nclose associate, of someone, for chapter 4 (Licences for dangerous\nsubstances)—see section 48.\ncompliance agreement—see section 94 (2).\ncondition, of a licence, includes a condition prescribed by regulation\nthat applies to the licence.\nconnected, with an offence, for chapter 7 (Enforcement powers)—\nsee section 141.\ncontrolled dangerous substance—see section 73.\n\ncorrectly—\n(a) classify a dangerous substance—see section 13; and\n(b) pack, store, label or placard a dangerous substance—see\nsection 14.\ncorresponding law means—\n(a) a law of the Commonwealth, a State, another Territory or New\nZealand corresponding, or substantially corresponding, to this\nAct; or\n(b) a law of the Commonwealth, a State, another Territory or New\nZealand that is declared by regulation to be a corresponding law,\nwhether or not the law corresponds, or substantially\ncorresponds, to this Act; or\n(c) the Dangerous Goods Act 1975.\ncurrent asbestos contamination report, for chapter 3A (Asbestos)—\nsee section 47J (2).\ndangerous occurrence—see section 38.\ndangerous substance—see section 10.\ndata, for chapter 7 (Enforcement powers)—see section 141.\ndata storage device, for chapter 7 (Enforcement powers)—see\nsection 141.\ndecision-maker, for chapter 9 (Notification and review of\ndecisions)—see section 186.\ndisciplinary action—see section 68 (3) and (4).\ndisciplinary notice—see section 68 (1).\ndispose, of a dangerous substance or anything else, includes impound,\nisolate or destroy the substance or thing.\nemergency order—see section 179.\n\nenforceable undertaking, for part 6.5—see section 122.\nenvironment includes the built and natural environment.\nexamine includes inspect, weigh, count, test and measure.\nexecutive officer, of a corporation, means a person, by whatever\nname called and whether or not the person is a director of the\ncorporation, who is concerned with, or takes part in, the corporation’s\nmanagement.\nexplosive—see section 73.\nexport a dangerous substance or anything else means export the\nsubstance or thing from the ACT.\nhandle, a dangerous substance—see section 11.\nhandling authority—see section 56 (1) (d).\nhazard—see section 15.\nimport a dangerous substance or anything else means import the\nsubstance or thing into the ACT.\nimprovement notice—see section 100.\nincorporated document means any of the following documents:\n(a) the ADG Code;\n(b) the Australian Explosives Code;\n(c) an instrument applied, adopted or incorporated by regulation.\ninfringement notice—see the Magistrates Court Act 1930,\nsection 117.\ninfringement notice offence—see the Magistrates Court Act 1930,\nsection 117.\ninspector means an inspector under section 207.\ninstall plant or a system includes construct the plant or system.\ninternally reviewable decision—see section 186.\n\ninternal reviewer, for chapter 9 (Notification and review of\ndecisions)—see section 188.\ninternal review notice, for chapter 9 (Notification and review of\ndecisions)—see the ACT Civil and Administrative Tribunal Act 2008,\nsection 67B (1).\nlicence means a licence issued under this Act.\nlicensed asbestos assessor—see the Work Health and Safety\nRegulation 2011, dictionary.\nlicensed asbestos removalist, for chapter 3A (Asbestos)—see the\nWork Health and Safety Regulation 2011, dictionary.\nloose-fill asbestos insulation, for chapter 3A (Asbestos)—see\nsection 47I.\nmanufacture a dangerous substance or anything else includes—\n(a) make, remake, alter, break-up, process, recondition or treat the\nsubstance or thing; and\n(b) change the substance or thing in a way that affects its properties\nor performance.\nnon-commercial, for the handling of a dangerous substance—see\nsection 12.\noccupancy prohibition—see section 47S.\noccupy, for part 3A.3 (Occupancy prohibition)—see section 47R.\noffence, for chapter 7 (Enforcement powers)—see section 141.\nofficer, of a corporation, means—\n(a) a director or secretary of the corporation; or\n(b) a person—\n(i) who makes, or takes part in making, decisions that affect\nall, or a substantial part, of the business of the corporation;\nor\n\n(ii) in accordance with whose instructions or wishes the\ndirectors of the corporation are accustomed to act\n(excluding advice given by the person in the proper\nexercise of functions attaching to the person’s professional\ncapacity or business relationship with the directors or the\ncorporation); or\n(c) a receiver, or receiver and manager, of the corporation’s\nproperty; or\n(d) an administrator of the corporation; or\n(e) an administrator of a deed of company arrangement executed by\nthe corporation; or\n(f) a liquidator of the corporation; or\n(g) a trustee or other person administering a compromise or\narrangement made between the corporation and someone else.\nowner, of affected residential premises, for chapter 3A (Asbestos)—\nsee section 47I.\nperson assisting, in relation to a search warrant, for chapter 7\n(Enforcement powers)—see section 141.\nperson in charge, of premises, includes—\n(a) a person believed, on reasonable grounds, to be a person in\ncharge of, or the occupier of, the premises and a person\napparently in charge of, or the occupier of, the premises; and\n(b) anyone else in control of the premises.\nof land, a structure or vehicle.\nperson in control—see section 17.\nplant includes—\n(a) machinery or equipment (including scaffolding), or an\nappliance, implement or tool; and\n\n(b) a container used for packing, carrying or storing dangerous\n(c) a vehicle used for handling a dangerous substance; and\n(d) a component, fitting or accessory for the plant; and\n(e) a building or other structure.\npremises includes land or a structure or vehicle and any part of an\narea of land or a structure or vehicle.\nprohibited dangerous substance—see section 73.\nprohibition notice—see section 109.\nreasonable steps, in relation to a risk—see section 16.\nrecall order, for chapter 8 (Emergency orders)—see section 178.\nregulator, for chapter 3A (Asbestos)—see section 47I.\nrelevant person, for an enforceable undertaking—see section 122.\nrelevant responsible person—\n(a) for a compliance agreement—see section 93; and\n(b) for an improvement notice—see section 99; and\n(c) for a prohibition notice—see section 108.\nresidential premises, for chapter 3A (Asbestos)—see section 47I.\nresponsible person, for a dangerous substance—see section 18.\nreviewable decision—see section 186.\nrisk—see section 15.\nsafety duty, for part 3.2 (Failure to comply with safety duties)—see\nsection 41.\nsafety management system, for handling a dangerous substance—see\nsection 19.\n\nsafety undertaking, for part 6.5 (Enforceable undertakings)—see\nsection 123 (2).\nsearch warrant, for chapter 7 (Enforcement powers)—see\nsection 141.\nsecurity sensitive substance—see section 10A.\nsell includes—\n(a) barter or offer or attempt to sell; and\n(b) possess for sale; and\n(c) advertise for sale (whether directly or indirectly); and\n(d) display for sale; and\n(e) cause or allow to be sold or offered for sale; and\n(f) dispose of in any way for valuable consideration; and\n(g) dispose of to an agent for sale on consignment; and\n(h) give away for the purpose of advertisement or for trade or\ncommerce; and\n(i) sell for the purpose of resale.\nserious harm, to a person—see the Criminal Code, dictionary.\nsite, of a dangerous occurrence at premises, for part 5.2 (Preservation\nof site of dangerous occurrence)—see section 85.\nsite preservation period for part 5.2 (Preservation of site of dangerous\noccurrence)—see section 85.\nsubstance includes a matter, material or thing, whether solid, liquid\nor gas or in a mixture.\nsuitable person, for a licence—see section 49.\n\nsupply a dangerous substance or anything else includes—\n(a) sell the substance or thing; and\n(b) transfer ownership of, or responsibility for, the substance or\nthing.\nsystem includes the following:\n(a) a mechanical system;\n(b) an electronic system;\n(c) a computer program;\n(d) a system of work;\n(e) a management system;\n(f) a safety management system;\n(g) a system prescribed by regulation;\n(h) a system that includes any combination of the systems\nmentioned in paragraphs (a) to (g).\ntrade or commerce includes a business or professional activity.\ntransfer, for part 3A.3 (Occupancy prohibition)—see the Land Titles\nAct 1925, dictionary.\ntransmission, for part 3A.3 (Occupancy prohibition)—see the Land\nTitles Act 1925, dictionary.\nvehicle means any kind of vehicle on wheels (including a vehicle used\non railways or tramways), and includes an aircraft or vessel used on\nwater.\nWHS Act means the Work Health and Safety Act 2011.\n\n1 About the endnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n","sortOrder":244},{"sectionNumber":"2","sectionType":"section","heading":"Abbreviation key","content":"2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nDangerous Substances Act 2004 A2004-7\nnotified LR 19 March 2004\ns 1, s 2 commenced 19 March 2004 (LA s 75 (1))\nremainder commenced 5 April 2004 (s 2 and CN2004-6)\nas modified by\nDangerous Substances (General) Regulation 2004 SL2004-9 pt 5 (as\nam by SL2004-39; om by SL2004-56 s 605)\nnotified LR 2 April 2004\ns 1, s 2 commenced 2 April 2004 (LA s 75 (1))\npt 5 commenced 5 April 2004 (s 2)\nEmergencies Act 2004 A2004-28 sch 3 pt 3.7\nnotified LR 29 June 2004\ns 1, s 2 commenced 29 June 2004 (LA s 75 (1))\nsch 3 pt 3.7 commenced 1 July 2004 (s 2 (1) and CN2004-11)\nDangerous Substances (General) Amendment Regulations 2004\n(No 1) SL2004-39\nnotified LR 30 August 2004\nreg 1, reg 2 commenced 30 August 2004 (LA s 75 (1))\ncommenced 31 August 2004 (reg 2)\nNote This regulation only amends the Dangerous Substances\n(General) Regulations 2004 SL2004-9.\nDangerous Substances (Asbestos) Amendment Act 2004 A2004-66\nss 4-7 (as am by A2005-3 and A2005-55 pt 2)\nnotified LR 31 August 2004\ns 1, s 2 commenced 31 August 2004 (LA s 75 (1))\ns 4 commenced 1 September 2004 (s 2 (1))\ns 5 commenced 4 April 2005 (s 2 (3) as am by A2005-3 s 4)\nsch 1 commenced 1 September 2004 (s 2 (2))\ns 6, s 7 om before commenced by A2005-55 pt 2\n\nas modified by\nDangerous Substances (General) Regulation 2004 SL2004-56 pt 6.1\nnotified LR 14 December 2004\ns 1, s 2 commenced 14 December 2004 (LA s 75 (1))\npt 6.1 commenced 15 December 2004 (s 2 (1))\nDangerous Substances (Asbestos) Amendment Act 2005 A2005-3 (as\nam by A2005-55 pt 3)\nnotified LR 22 February 2005\ns 1, s 2 commenced 22 February 2005 (LA s 75 (1))\ns 3, s 4 commenced 23 February 2005 (s 2)\ns 10 om before commenced by A2005-55 pt 3\nremainder commenced 4 April 2005 (LA s 79A and see A2004-66\ns 2 (3))\nNote This Act only amends the Dangerous Substances (Asbestos)\nAmendment Act 2004 A2004-66.\nDomestic Violence and Protection Orders Amendment Act 2005\nA2005-13 sch 1 pt 1.6\nnotified LR 24 March 2005\ns 1, s 2 commenced 24 March 2005 (LA s 75 (1))\nsch 1 pt 1.6 commenced 25 March 2005 (s 2)\nStatute Law Amendment Act 2005 A2005-20 sch 1 pt 1.1, sch 3 pt 3.15\nnotified LR 12 May 2005\ns 1, s 2 taken to have commenced 8 March 2005 (LA s 75 (2))\nsch 1 pt 1.1, sch 3 pt 3.15 commenced 2 June 2005 (s 2 (1))\nInsurance Authority Act 2005 A2005-24 s 22\nnotified LR 11 May 2005\ns 1, s 2 commenced 11 May 2005 (LA s 75 (1))\ns 22 commenced 12 May 2005 (s 2)\nOccupational Health and Safety Legislation Amendment Act 2005\nA2005-38 s 4\nnotified LR 30 August 2005\ns 1, s 2 commenced 30 August 2005 (LA s 75 (1))\ns 4 commenced 31 August 2005 (s 2)\n\nCriminal Code (Administration of Justice Offences) Amendment\nAct 2005 A2005-53 sch 1 pt 1.7\nnotified LR 26 October2005\ns 1, s 2 commenced 26 October 2005 (LA s 75 (1))\nsch 1 pt 1.7 commenced 23 November 2005 (s 2)\nDangerous Substances (Asbestos) Amendment Act 2005 (No 2)\nA2005-55\nnotified LR 27 October 2005\ns 1, s 2 commenced 27 October 2005 (LA s 75 (1))\nremainder commenced 28 October 2005 (s 2)\nNote This Act only amends the Dangerous Substances (Asbestos)\nAmendment Act 2004 A2004-66 and the Dangerous\nSubstances (Asbestos) Amendment Act 2005 A2005-3.\nAsbestos Legislation Amendment Act 2006 A2006-16 sch 1 pt 1.6 (as\nam by A2006-24 s 4)\nnotified LR 18 May 2006\ns 1, s 2 commenced 18 May 2006 (LA s 75 (1))\nsch 1 pt 1.6 commenced 1 July 2006 (s 2 (1) as am by A2006-24 s 4))\nAsbestos Legislation Amendment Act 2006 (No 2) A2006-24\nnotified LR 18 May 2006\ns 1, s 2 commenced 18 May 2006 (LA s 75 (1))\nremainder commenced 19 May 2006 (s 2)\nNote This Act only amends the Asbestos Legislation Amendment\nAct 2006 A2006-16.\nRadiation Protection Act 2006 A2006-33 sch 1 pt 1.2\nnotified LR 31 August 2006\ns 1, s 2 commenced 31 August 2006 (LA s 75 (1))\nsch 1 pt 1.2 commenced 1 July 2007 (s 2 (3))\nStatute Law Amendment Act 2006 A2006-42 sch 3 pt 3.9\nnotified LR 26 October 2006\ns 1, s 2 taken to have commenced 12 November 2005 (LA s 75 (2))\nsch 3 pt 3.9 commenced 16 November 2006 (s 2 (1))\nStatute Law Amendment Act 2007 (No 2) A2007-16 sch 3 pt 3.10\nnotified LR 20 June 2007\ns 1, s 2 taken to have commenced 12 April 2007 (LA s 75 (2))\nsch 3 pt 3.10 commenced 11 July 2007 (s 2 (1))\n\nOccupational Health and Safety Amendment Act 2007 A2007-31 sch 1\npt 1.1\nnotified LR 24 October 2007\ns 1, s 2 commenced 24 October 2007 (LA s 75 (1))\nsch 1 pt 1.1 commenced 25 October 2007 (s 2)\nMedicines, Poisons and Therapeutic Goods Act 2008 A2008-26\nsch 2 pt 2.8\nnotified LR 14 August 2008\ns 1, s 2 commenced 14 August 2008 (LA s 75 (1))\nsch 2 pt 2.8 commenced 14 February 2009 (s 2 and LA s 79)\nStatute Law Amendment Act 2008 A2008-28 sch 3 pt 3.22\nnotified LR 12 August 2008\ns 1, s 2 commenced 12 August 2008 (LA s 75 (1))\nsch 3 pt 3.22 commenced 26 August 2008 (s 2)\nACT Civil and Administrative Tribunal Legislation Amendment\nAct 2008 (No 2) A2008-37 sch 1 pt 1.27\nnotified LR 4 September 2008\ns 1, s 2 commenced 4 September 2008 (LA s 75 (1))\nsch 1 pt 1.27 commenced 2 February 2009 (s 2 (1) and see ACT Civil\nand Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)\nDomestic Violence and Protection Orders Act 2008 A2008-46 sch 3\npt 3.7\nnotified LR 10 September 2008\ns 1, s 2 commenced 10 September 2008 (LA s 75 (1))\nsch 3 pt 3.7 commenced 30 March 2009 (s 2)\nDangerous Substances and Litter (Dumping) Legislation Amendment\nAct 2009 A2009-1 pt 2\nnotified LR 17 February 2009\ns 1, s 2 commenced 17 February 2009 (LA s 75 (1))\npt 2 commenced 17 August 2009 (s 2 and LA s 79)\nWork Safety Legislation Amendment Act 2009 A2009-28 sch 2 pt 2.5\nnotified LR 9 September 2009\ns 1, s 2 commenced 9 September 2009 (LA s 75 (1))\nsch 2 pt 2.5 commenced 1 October 2009 (s 2 and see Work Safety\nAct 2008 A2008-51 s 2 (1) (b) and CN2009-11)\n\nDangerous Goods (Road Transport) Act 2009 A2009-34 sch 1 pt 1.1\nnotified LR 28 September 2009\ns 1, s 2 commenced 28 September 2009 (LA s 75 (1))\nsch 1 pt 1.1 commenced 2 April 2010 (s 2, CN2010-5 and LA s 77 (3))\nStatute Law Amendment Act 2009 (No 2) A2009-49 sch 3 pt 3.17\nnotified LR 26 November 2009\ns 1, s 2 commenced 26 November 2009 (LA s 75 (1))\nsch 3 pt 3.17 commenced 17 December 2009 (s 2)\nDangerous Substances Amendment Act 2011 A2011-10 pt 2\nnotified LR 16 March 2011\ns 1, s 2 commenced 16 March 2011 (LA s 75 (1))\npt 2 commenced 17 March 2011 (s 2)\nAdministrative (One ACT Public Service Miscellaneous Amendments)\nAct 2011 A2011-22 sch 1 pt 1.50\nnotified LR 30 June 2011\ns 1, s 2 commenced 30 June 2011 (LA s 75 (1))\nsch 1 pt 1.50 commenced 1 July 2011 (s 2 (1))\nStatute Law Amendment Act 2011 (No 3) A2011-52 sch 3 pt 3.18\nnotified LR 28 November 2011\ns 1, s 2 commenced 28 November 2011 (LA s 75 (1))\nsch 3 pt 3.18 commenced 12 December 2011 (s 2)\nWork Health and Safety (Consequential Amendments) Act 2011\nA2011 55 sch 1 pt 1.6\nnotified LR 14 December 2011\ns 1, s 2 commenced 14 December 2011 (LA s 75 (1))\nsch 1 pt 1.6 commenced 1 January 2012 (s 2 and see Work Health\nand Safety Act 2011 A2011-35, s 2 and CN2011-12)\nStatute Law Amendment Act 2014 A2014-18 sch 1 pt 1.3\nnotified LR 20 May 2014\ns 1, s 2 commenced 20 May 2014 (LA s 75 (1))\nsch 1 pt 1.3 commenced 10 June 2014 (s 2 (1))\n\nDangerous Substances (Asbestos Safety Reform) Legislation\nAmendment Act 2014 A2014-53 pt 6\nnotified LR 3 December 2014\ns 1, s 2 commenced 3 December 2014 (LA s 75 (1))\npt 6 commenced 1 January 2015 (s 2)\nDangerous Substances (Loose-fill Asbestos Eradication) Legislation\nAmendment Act 2014 A2015-6 sch 1 pt 1.2\nnotified LR 31 March 2015\ns 1, s 2 commenced 31 March 2015 (LA s 75 (1))\nsch 1 pt 1.2 amdt 1.3 (to the extent that it inserts s 47M) commenced\n17 April 2015 (s 2 and CN2015-6)\nsch 1 pt 1.2 remainder commenced 29 June 2015 (s 2 and CN2015-6)\nAnnual Reports (Government Agencies) Amendment Act 2015\nA2015-16 sch 1 pt 1.6\nnotified LR 27 May 2015\ns 1, s 2 commenced 27 May 2015 (LA s 75 (1))\nsch 1 pt 1.6 commenced 3 June 2015 (s 2)\nRed Tape Reduction Legislation Amendment Act 2015 A2015-33\nsch 1 pt 1.16\nnotified LR 30 September 2015\ns 1, s 2 commenced 30 September 2015 (LA s 75 (1))\nsch 1 pt 1.16 commenced 14 October 2015 (s 2)\nStatute Law Amendment Act 2015 (No 2) A2015-50 sch 3 pt 3.14\nnotified LR 25 November 2015\ns 1, s 2 commenced 25 November 2015 (LA s 75 (1))\nsch 3 pt 3.14 commenced 9 December 2015 (s 2)\nRed Tape Reduction Legislation Amendment Act 2016 A2016-18\nsch 3 pt 3.18\nnotified LR 13 April 2016\ns 1, s 2 commenced 13 April 2016 (LA s 75 (1))\nsch 3 pt 3.18 commenced 27 April 2016 (s 2)\nEmergencies Amendment Act 2016 A2016-33 sch 1 pt 1.4\nnotified LR 20 June 2016\ns 1, s 2 commenced 20 June 2016 (LA s 75 (1))\nsch 1 pt 1.4 commenced 21 June 2016 (s 2)\n\nFamily Violence Act 2016 A2016-42 sch 3 pt 3.11 (as am by A2017-10\ns 7)\nnotified LR 18 August 2016\ns 1, s 2 commenced 18 August 2016 (LA s 75 (1))\nsch 3 pt 3.11 commenced 1 May 2017 (s 2 (2) as am by A2017-10 s 7)\nPublic Sector Management Amendment Act 2016 A2016-52 sch 1\npt 1.21\nnotified LR 25 August 2016\ns 1, s 2 commenced 25 August 2016 (LA s 75 (1))\nsch 1 pt 1.21 commenced 1 September 2016 (s 2)\nFamily and Personal Violence Legislation Amendment Act 2017\nA2017-10 s 7\nnotified LR 6 April 2017\ns 1, s 2 commenced 6 April 2017 (LA s 75 (1))\ns 7 commenced 30 April 2017 (s 2 (1))\nNote This Act only amends the Family Violence Act 2016\nA2016-42.\nWork Health and Safety Legislation Amendment Act 2018 A2018-8\npt 2\nnotified LR 5 March 2018\ns 1, s 2 commenced 5 March 2018 (LA s 75 (1))\npt 2 commenced 29 March 2018 (s 2)\nRed Tape Reduction Legislation Amendment Act 2018 A2018-33\nsch 1 pt 1.9\nnotified LR 25 September 2018\ns 1, s 2 commenced 25 September 2018 (LA s 75 (1))\nsch 1 pt 1.9 commenced 23 October 2018 (s 2 (4))\nWork Health and Safety Amendment Act 2019 A2019-38 sch 1 pt 1.2\nnotified LR 31 October 2019\ns 1, s 2 commenced 31 October 2019 (LA s 75 (1))\nsch 1 pt 1.2 commenced 30 April 2020 (s 2 (1) and LA s 79)\nLoose-fill Asbestos Legislation Amendment Act 2020 A2020-20 pt 3\nnotified LR 27 May 2020\ns 1, s 2 commenced 27 May 2020 (LA s 75 (1))\npt 3 commenced 1 July 2020 (s 2)\n\nLoose-fill Asbestos Legislation Amendment Act 2021 A2021-16 pt 3\nnotified LR 1 July 2021\ns 1, s 2 commenced 1 July 2021 (LA s 75 (1))\npt 3 commenced 18 August 2021 (s 2)\nPlanning and Environment Legislation Amendment Act 2023\nA2023-20 pt 3\nnotified LR 21 June 2023\ns 1, s 2 commenced 21 June 2023 (LA s 75 (1))\npt 3 commenced 1 July 2023 (s 2 (2))\nStatute Law Amendment Act 2025 A2025-29 sch 4 pt 4.53\nnotified LR 6 November 2025\ns 1, s 2 commenced 6 November 2025 (LA s 75 (1))\nsch 4 pt 4.53 commenced 16 December 2025 (s 2 (6))\nWorkplace Legislation Amendment Act 2025 (No 3) A2025-30 pt 2,\nsch 1 pt 1.1\nnotified LR 12 November 2025\ns 1, s 2 commenced 12 November 2025 (LA s 75 (1))\npt 2, sch 1 pt 1.1 commenced 19 November 2025 (s 2 (3))\n\nCommencement\ns 2 om LA s 89 (4)\nExclusions from Act\ns 7 am A2006-33 amdt 1.2; A2014-53 s 35; ss renum R38 LA;\nA2018-8 s 5; ss renum R48 LA\nRelationship of Act to other laws\ns 8 am A2004-28 amdt 3.13; A2008-26 amdt 2.19; A2009-28\namdt 2.11, amdt 2.12; A2009-34 amdt 1.1, amdt 1.2;\nA2011-55 amdt 1.9; A2014-18 amdt 1.5\nRelationship of Act to WHS Act\ns 8A ins A2014-18 amdt 1.6\nRelationship of regulations to approved codes of practice and incorporated\ndocuments\ns 9 am A2018-8 s 6\nMeaning of dangerous substance\ns 10 am A2006-42 amdt 3.31\nsub A2018-8 s 7\nMeaning of security sensitive substance\ns 10A ins A2018-8 s 7\nHandle a dangerous substance\ns 11 am A2018-8 s 8, s 9\nNon-commercial handling of a dangerous substance\ns 12 am A2018-8 s 10\nCorrectly classified for a dangerous substance\ns 13 am A2006-42 amdt 3.31; A2018-8 s 11; A2025-29 amdt 4.53\nCorrectly for packed, stored, labelled and placarded\ns 14 am A2018-8 s 12\nMeaning of hazard and risk\ns 15 am A2007-16 amdt 3.44\nIncorporated documents and approved codes of practice may be considered\ns 22 am A2018-8 s 13\nApplication—ch 3\npt 3.1A hdg ins A2018-8 s 14\nApplication\ns 22A ins A2018-8 s 14\n\nPerson in control of premises—safety duty to report actual or likely\ndangerous occurrences\ns 39 am A2011-22 amdt 1.159; A2019-38 amdt 1.2\nFailure to comply with safety duty—exposing people to substantial risk of\ndeath or serious harm\ns 43 am A2007-31 amdt 1.1; A2009-1 s 4; A2014-53 s 36;\nA2020-20 s 10\nFailure to comply with safety duty—causing death or serious harm to people\ns 44 am A2007-31 amdt 1.2\nFailure to comply with safety duty—exposing property or environment to\nsubstantial risk of substantial damage\ns 45 am A2007-31 amdt 1.3; A2009-1 s 5\nFailure to comply with safety duty—causing substantial damage to property\nor environment\ns 46 am A2007-31 amdt 1.4\nAlternative verdicts for failure to comply with safety duties\ns 47 table renum R6 LA\nAsbestos\nch 3A hdg ins A2004-66 s 4\nPreliminary\npt 3A.1 hdg ins A2004-66 s 4\nom A2014-53 s 37\nins A2020-20 s 11.\nMeaning of asbestos\ns 47A ins A2004-66 s 4\nsub A2011-10 s 4\nom A2014-53 s 37\nEstablishment of task force\ns 47B ins A2004-66 s 4\nMembers of task force\ns 47C ins A2004-66 s 4\nam A2005-24 s 22\nChairperson of task force\ns 47D ins A2004-66 s 4\n\nRole of task force\ns 47E ins A2004-66 s 4\nArrangements for use of inspectors etc\ns 47F ins A2004-66 s 4\nReport of analysis\ns 47G ins A2004-66 s 4\nExpiry—pt 3A.2\ns 47H ins A2004-66 s 4\nDefinitions—ch 3A\ns 47I ins A2004-66 s 4\ndef affected building ins A2020-20 s 11\ndef affected residential premises ins A2020-20 s 11\ndef affected residential premises register ins A2020-20 s 11\ndef approved occupant ins A2020-20 s 11\ndef asbestos assessment report ins A2020-20 s 11\ndef asbestos contamination ins A2020-20 s 11\ndef asbestos contamination report ins A2020-20 s 11\ndef building work ins A2020-20 s 11\ndef buyback scheme ins A2020-20 s 11\nsub A2021-16 s 5\ndef class ins A2020-20 s 11\ndef current asbestos contamination report ins A2020-20\ns 11\ndef licensed asbestos removalist ins A2020-20 s 11\ndef loose-fill asbestos insulation ins A2020-20 s 11\ndef owner ins A2020-20 s 11\ndef regulator ins A2020-20 s 11\ndef residential premises ins A2020-20 s 11\nMeaning of asbestos contamination report and current asbestos\ncontamination report\ns 47J ins A2004-66 s 5 (as am A2005-3 ss 5-9)\nsub A2006-16 amdt 1.47; A2020-20 s 11\nMeaning of asbestos assessment report\ns 47K ins A2004-66 s 6 (as am A2005-3 s 10 (s 10 om before\ncommenced by A2005-55 s 7)) (A2004-66 s 6 om before\ncommenced by A2005-55 s 4)\nins A2006-16 amdt 1.47\nam A2014-53 s 40, s 41\n\nAsbestos—assessments and register etc\npt 3A.2 hdg ins A2004-66 s 4\nins A2020-20 s 11\nDuty to publish educational material\ns 47L ins A2004-66 s 7 (A2004-66 s 7 om before commenced by\nA2005-55 s 5)\nins A2006-16 amdt 1.47\nam A2014-53 s 42, s 43\nAsbestos advice\ns 47M ins A2015-6 amdt 1.3\nam A2023-20 s 13; A2025-29 amdt 4.53\nRequirement to give asbestos assessment report\ns 47N ins A2015-6 amdt 1.3\nRequirements—affected residential premises\ns 47O ins A2015-6 amdt 1.3\nAffected residential premises register\ns 47P ins A2020-20 s 11\nNotice of affected residential premises to registrar-general\ns 47Q ins A2020-20 s 11\nOccupancy prohibition\npt 3A.3 hdg ins A2004-66 s 4\nom A2014-53 s 38\nins A2020-20 s 11\nDefinitions—pt 3A.3\ns 47R ins A2020-20 s 11\ndef occupy ins A2020-20 s 11\ndef transfer ins A2020-20 s 11\ndef transmission ins A2020-20 s 11\nMeaning of occupancy prohibition\ns 47S ins A2020-20 s 11\nMeaning of approved occupant\ns 47T ins A2020-20 s 11\nOccupancy prohibition—affected residential premises\ns 47U ins A2020-20 s 11\n\nOwner must notify regulator of approved occupants\ns 47V ins A2020-20 s 11\nAsbestos advice and assessment reports\npt 3A.4 hdg ins A2004-66 s 5\nsub A2006-16 amdt 1.47\nom A2014-53 s 39\nOther provisions about asbestos\npt 3A.5 hdg ins A2004-66 s 7 (A2004-66 s 7 om before commenced by\nA2005-55 s 5)\nMeaning of close associate for ch 4\ns 48 am A2011-22 amdt 1.159; A2018-8 s 15; A2019-38 amdt 1.2\nWorking out whether person is a suitable person\ns 49 am A2005-13 amdt 1.29; A2006-42 amdt 3.32; A2008-46\namdt 3.17; A2011-22 amdt 1.159; A2016-42 amdt 3.53;\nApplications for licences etc to comply with Act\ns 50 am A2011-22 amdt 1.159; A2019-38 amdt 1.2\nPower to ask for information from applicants, licensees and others\ns 51 am A2011-22 amdt 1.159; A2016-18 amdt 3.74, amdt 3.75;\nLicence application and decision\ns 52 am R34 LA; A2019-38 amdt 1.2; A2025-29 amdt 4.53\nLicence conditions\ns 53 am A2011-22 amdt 1.159; A2019-38 amdt 1.2\nForm of licence\ns 56 am A2011-22 amdt 1.159; A2019-38 amdt 1.2\nLicensee to keep work health and safety commissioner informed\ns 57 hdg am A2011-22 amdt 1.159; A2019-38 amdt 1.2\ns 57 am A2011-22 amdt 1.159; A2019-38 amdt 1.2\nLicence—application to amend by licensee\ns 58 am A2011-22 amdt 1.159; A2019-38 amdt 1.2; A2025-29\nLicence—imposition etc of conditions on work health and safety\ncommissioner’s initiative\ns 59 hdg am A2011-22 amdt 1.153; A2019-38 amdt 1.3\ns 59 am A2011-22 amdt1.153, amdt 1.159; A2019-38 amdt 1.2,\nReplacement of licence\ns 60 am A2011-22 amdt 1.159; A2016-18 amdt 3.76, amdt 3.77;\nA2019-38 amdt 1.2; A2025-29 amdt 4.53\n\nSurrender of licence\ns 61 am A2011-22 amdt 1.159; A2016-18 amdt 3.78, amdt 3.79;\nWork health and safety commissioner may ask for information etc from\nlicensee\ns 62 hdg am A2011-22 amdt 1.159; A2019-38 amdt 1.2\ns 62 am A2011-22 amdt 1.159; A2019-38 amdt 1.2\nReturn of amended, suspended or cancelled licences\ns 64 am A2011-22 amdt 1.153, amdt 1.159; A2019-38 amdt 1.2,\nGrounds for disciplinary action\ns 67 am A2011-22 amdt 1.159; A2019-38 amdt 1.2\nTaking disciplinary action\ns 68 am A2011-22 amdt1.153, amdt 1.159; A2019-38 amdt 1.2,\nImmediate suspension of licence\ns 69 am A2011-22 amdt 1.159; A2019-38 amdt 1.2\nEffect of suspension of licence\ns 70 am A2011-22 amdt 1.159; A2019-38 amdt 1.2\nAction by work health and safety commissioner in relation to amended,\nsuspended or cancelled licence\ns 71 hdg am A2011-22 amdt 1.159; A2019-38 amdt 1.2\ns 71 am A2011-22 amdt 1.159; A2019-38 amdt 1.2\nPublication of disciplinary decision by work health and safety commissioner\ns 72 hdg am A2011-22 amdt 1.159; A2019-38 amdt 1.2\ns 72 am A2006-42 amdt 3.33; A2011-22 amdt 1.159; A2015-33\namdt 1.38, amdt 1.39; A2019-38 amdt 1.2\nUnauthorised handling of dangerous substances generally\ns 82 am A2009-34 amdt 1.3\nHandling of certain dangerous substances to be notified\ns 83 am A2011-22 amdt 1.159; A2019-38 amdt 1.2\nDefinitions for pt 5.2\ns 85 am A2004-28 amdt 3.14\ndef authorised person am A2015-50 amdt 3.93; A2016-33\namdt 1.9\ndef site preservation period am A2011-22 amdt 1.159;\nPerson in control of premises to preserve site of dangerous occurrence\ns 86 am A2005-20 amdt 1.1\n\nWork health and safety commissioner may require answers to questions and\nproduction of documents\ns 88 hdg am A2011-22 amdt 1.159; A2019-38 amdt 1.2\ns 88 am A2011-22 amdt 1.159; A2019-38 amdt 1.2\nCompliance with notice to produce\ns 89 am A2011-22 amdt 1.159; A2019-38 amdt 1.2\nFailure to attend before work health and safety commissioner or produce\ndocuments\ns 90 hdg am A2011-22 amdt 1.159; A2019-38 amdt 1.2\ns 90 am A2011-22 amdt 1.159; A2019-38 amdt 1.2\nAttendance before work health and safety commissioner—offences\ns 91 hdg am A2011-22 amdt 1.159; A2019-38 amdt 1.2\ns 91 am A2011-22 amdt 1.159; A2019-38 amdt 1.2\nPrivileges against self-incrimination and exposure to civil penalty\ns 92 am A2011-22 amdt 1.159; A2019-38 amdt 1.2\nNotification and display of compliance agreements\ns 97 am A2005-20 amdt 3.127\nNotification and display of improvement notices\ns 103 am A2005-20 amdt 3.128\nDefinitions for pt 6.4\ns 108 def basis sub A2005-20 amdt 1.2\ndef dangerous substance om A2005-20 amdt 3.129\ndef premises om A2005-20 amdt 3.129\nsub relevant responsible person sub A2005-20 amdt 3.130\nGiving prohibition notices\ns 109 sub A2005-20 amdt 1.3\nContents of prohibition notices\ns 110 am A2005-20 amdt 1.4, amdt 1.5\nExtension of time for inspection etc\ns 111 am A2005-20 amdt 1.6\nEnding of prohibition notices for contravention of Act etc\ns 115 am A2005-20 amdt 1.7\nRequest for reinspection\ns 116 am A2005-20 amdt 1.8; A2011-22 amdt 1.159; A2019-38 amdt\n1.2\nRevocation on reinspection\ns 117 am A2011-22 amdt 1.159; A2019-38 amdt 1.2\nEnding of prohibition notices given for inspection etc\ns 118 am A2005-20 amdt 1.9\n\nContravention of prohibition notices\ns 119 am A2005-20 amdt 3.131, amdt 3.132\nMaking of safety undertakings\ns 123 am A2011-22 amdt 1.159; A2019-38 amdt 1.2\nAcceptance of safety undertaking\ns 124 am A2011-22 amdt 1.159; A2019-38 amdt 1.2\nWithdrawal from or amendment of enforceable undertaking\ns 125 am A2011-22 amdt 1.153; A2019-38 amdt 1.3\nTerm of enforceable undertaking\ns 126 am A2011-22 amdt 1.153, amdt 1.159; A2019-38 amdt 1.2,\nSafety undertaking not admission of fault etc\ns 127 am A2011-22 amdt 1.159; A2019-38 amdt 1.2\nContravention of enforceable undertakings\ns 128 am A2011-22 amdt 1.159; A2019-38 amdt 1.2\nInjunctions to restrain offences against Act\ns 129 am A2005-53 amdt 1.41; A2011-22 amdt 1.159; A2019-38\nAmendment or discharge of injunctions\ns 131 am A2011-22 amdt 1.159; A2019-38 amdt 1.2\nInterim injunctions—undertakings about damages\ns 132 am A2011-22 amdt 1.159; A2019-38 amdt 1.2\nProcedures for dividing samples\ns 138 am A2008-28 amdt 3.77; A2009-49 amdt 3.37\nCertificates of analysis by authorised analysts\ns 140 am A2011-22 amdt 1.159; A2019-38 amdt 1.2; A2025-29\nPower to take action to prevent etc imminent risk\ns 148 am A2011-22 amdt 1.159; A2019-38 amdt 1.2\nReport about action under s 148\ns 149 am A2011-22 amdt 1.159; A2019-38 amdt 1.2\nPower to require name and address\ns 155 am A2009-49 amdt 3.38\nWarrants—application made other than in person\ns 158 am A2018-33 amdt 1.17, amdt 1.18\nReturn of things seized\ns 169 am A2005-20 amdt 3.133; A2011-22 amdt 1.159; A2019-38\n\nApplication for order disallowing seizure\ns 170 am A2011-22 amdt 1.159; A2019-38 amdt 1.2\nOrder for return of seized thing\ns 171 am A2011-22 amdt 1.159; A2019-38 amdt 1.2\nAdjournment pending hearing of other proceedings\ns 172 am A2011-22 amdt 1.159; A2019-38 amdt 1.2\nForfeiture of seized things\ns 173 am A2011-22 amdt 1.159; A2019-38 amdt 1.2\nReturn of forfeited things\ns 174 am A2011-22 amdt 1.159; A2019-38 amdt 1.2\nEmergency orders\ns 179 am A2025-29 amdt 4.53\nSpecial provisions for recall orders\ns 181 am A2011-22 amdt 1.159; A2011-52 amdt 3.66; A2019-38\nHow emergency orders are made\ns 182 am A2015-33 amdt 1.40\nNotification and review of decisions\nch 9 hdg sub A2008-37 amdt 1.105\nDefinitions–ch 9\ns 186 def decision-maker ins A2008-37 amdt 1.105\nsub A2020-20 s 12\ndef internally reviewable decision ins A2008-37 amdt 1.105\ndef internal reviewer ins A2008-37 amdt 1.105\ndef internal review notice ins A2008-37 amdt 1.105\ndef reviewable decision ins A2008-37 amdt 1.105\nInternal review notices\ns 186A ins A2008-37 amdt 1.105\nApplications for internal review\ns 187 sub A2008-37 amdt 1.105\nam A2011-22 amdt 1.159; A2019-38 amdt 1.2; A2025-29\nApplications not stay internally reviewable decisions\ns 187A ins A2008-37 amdt 1.105\nInternal reviewer\ns 188 sub A2008-37 amdt 1.105\n\nReview by internal reviewer\ns 189 sub A2008-37 amdt 1.105\nam A2011-22 amdt 1.159; A2018-8 s 16; A2019-38 amdt 1.2\nReviewable decision notices\ns 190 sub A2008-37 amdt 1.105\nApplications for review\ns 191 sub A2008-37 amdt 1.105\nPublication by work health and safety commissioner of convictions etc\ns 197 hdg am A2011-22 amdt 1.159; A2019-38 amdt 1.2\ns 197 am A2011-22 amdt 1.159; A2015-33 amdt 1.41, amdt 1.42;\nNotices of noncompliance by territory entities\ns 200 am A2005-20 amdt 3.134; A2011-22 amdts 1.154-1.156;\nA2015-16 amdt 1.6, andt 1.7; ss renum R40 LA\nCertificate evidence etc\ns 202 am A2011-22 amdt 1.159; A2019-38 amdt 1.2\nPower of court to order further analysis\ns 205 am A2011-22 amdt 1.159; A2019-38 amdt 1.2\nInspection of incorporated documents\ns 206 am A2011-22 amdt 1.159\nsub A2018-8 s 17\nam A2019-38 amdt 1.2\nInspectors\ns 207 am A2011-22 amdt 1.159; A2019-38 amdt 1.2; A2025-30 s 4,\namdt 1.1\nIdentity cards\ns 208 am A2011-22 amdt 1.159; A2019-38 amdt 1.2\nAppointment of authorised analysts\ns 210 am A2011-22 amdt 1.159; A2019-38 amdt 1.2; A2025-30\namdt 1.1\nProtection from liability\ns 212 am A2011-22 amdt 1.159; A2019-38 amdt 1.2\nRegulations may apply etc instruments\ns 213 am A2018-8 s 18; A2025-29 amdt 4.53\nRegulations may exempt people, plant or premises from Act\ns 217 am A2011-22 amdt 1.159; A2019-38 amdt 1.2\n\nMinister may exempt people, plant, premises or dangerous substances from\nAct\ns 218 am A2006-42 amdt 3.34; A2025-29 amdt 4.53\nCodes of practice\ns 219 am A2006-42 amdt 3.34; A2025-29 amdt 4.53\nNotification of certain incorporated documents\ns 220 am A2011-22 amdt 1.159\nom A2018-8 s 19\nDetermination of fees\ns 221 am A2006-42 amdt 3.34; A2025-29 amdt 4.53\nApproved forms\ns 222 am A2006-42 amdt 3.34; A2025-29 amdt 4.53\nRegulation-making power\ns 223 am A2025-29 amdt 4.53\nReview of Act\ns 224 sub A2005-38 s 4\nexp 30 June 2008 (s 224 (3))\nConsequential and transitional matters\nch 14 hdg exp 5 April 2006 (s 231)\nRepeals\ns 225 om LA s 89 (3)\nExisting licences\ns 226 mod SL2004-9 reg 251 (as am by SL2004-39 reg 5; om by\nSL2004-56 s 605)\nmod SL2004-56 s 601\nexp 5 April 2006 (s 231)\nExisting shotfirers’ permits\ns 226A ins as mod SL2004-9 reg 253\nexp 15 May 2004 (s 226A (5))\nExisting general public display fireworks permits\ns 226B ins as mod SL2004-9 reg 253\nexp 15 May 2004 (s 226B (5))\nExisting permits under OH&S Regulations to use explosives\ns 226C ins as mod SL2004-9 reg 253\nexp 1 September 2004 (s 226C (5))\nMeaning of LPG for s 7\ns 227 exp 1 July 2004 (s 227 (3))\nTransitional regulations\ns 228 exp 5 April 2006 (s 231)\n\nModification of ch 14’s operation\ns 229 exp 5 April 2006 (s 231)\nLegislation amended—sch 1\ns 230 om LA s 89 (3)\nExpiry of ch 14\ns 231 exp 5 April 2006 (s 231)\nTransitional—Loose-fill Asbestos Legislation Amendment Act 2020\nch 15 hdg ins A2020-20 s 13\nDefinitions—ch 15\ns 232 ins A2020-20 s 13\nExisting asbestos advice\ns 233 ins A2020-20 s 13\nExisting contamination reports\ns 234 ins A2020-20 s 13\nExisting assessment reports\ns 235 ins A2020-20 s 13\nExisting register\ns 236 ins A2020-20 s 13\nExpiry—ch 15\ns 237 ins A2020-20 s 13\nConsequential amendments\nsch 1 om LA s 89 (3)\ndict am A2004-28 amdt 3.15; A2008-37 amdt 1.106; A2009-49\namdt 3.39; A2011-22 amdt 1.157, amdt 1.158; A2015-50\namdt 3.94; A2016-33 amdt 1.10; A2016-52 amdt 1.62;\nA2019-38 amdt 1.4\ndef ADG Code ins A2018-8 s 20\ndef affected building ins A2020-20 s 14\ndef affected residential premises ins A2020-20 s 14\ndef affected residential premises register ins A2015-6\namdt 1.4\nsub A2020-20 s 15\n\ndef approved occupant ins A2020-20 s 16\ndef asbestos ins A2011-10 s 5\nsub A2014-53 s 44\ndef asbestos assessment report ins A2020-20 s 16\ndef asbestos contamination ins A2020-20 s 16\ndef asbestos contamination report ins A2020-20 s 16\ndef Australian Dangerous Goods Code sub A2018-8 s 21\ndef Australian Explosives Code sub A2018-8 s 22\ndef Australian Standard 1940 om A2018-8 s 23\ndef building work ins A2020-20 s 16\ndef buyback scheme ins A2020-20 s 16\ndef class ins A2020-20 s 16\ndef current asbestos contamination report ins A2020-20\ns 16\ndef dangerous substance sub A2005-20 amdt 3.135\ndef decision-maker sub A2008-37 amdt 1.107\ndef incorporated document sub A2018-8 s 24\ndef internally reviewable decision sub A2008-37 amdt 1.108\ndef internal reviewer sub A2008-37 amdt 1.108\ndef internal review notice ins A2008-37 amdt 1.109\ndef licensed asbestos assessor ins A2020-20 s 16\ndef licensed asbestos removalist ins A2020-20 s 16\ndef loose-fill asbestos insulation ins A2015-6 amdt 1.4\nsub A2020-20 s 17\ndef NOHSC approved criteria om A2018-8 s 25\ndef NOHSC List of Designated Hazardous Substances\nom A2018-8 s 25\ndef occupancy prohibition ins A2020-20 s 18\ndef occupy ins A2020-20 s 18\ndef owner ins A2020-20 s 18\ndef premises sub A2005-20 amdt 3.135\ndef regulator ins A2020-20 s 18\ndef residential premises ins A2020-20 s 18\ndef reviewable decision sub A2008-37 amdt 1.109\ndef security sensitive substance ins A2018-8 s 26\ndef transfer ins A2020-20 s 18\ndef transmission ins A2020-20 s 18\ndef WHS Act ins A2014-18 amdt 1.7\n\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nfor\n5 Apr 2004\n5 Apr 2004–\nnot amended new Act and\nmodifications by\nSL2004-9\n16 May 2004–\nnot amended commenced expiry\n1 July 2004–\nA2004-28 amendments by\nA2004-28\n2 July 2004–\n30 Aug 2004\nA2004-28 commenced expiry\n31 Aug 2004\n31 Aug 2004–\n31 Aug 2004\nA2004-28 amendment to\nmodification\n1 Sep 2004\n1 Sep 2004–\n1 Sep 2004\nA2004-66 amendments by\nA2004-66\n2 Sep 2004\n2 Sep 2004–\n14 Dec 2004\nA2004-66 commenced expiry\n15 Dec 2004\n15 Dec 2004–\n22 Feb 2005\nA2004-66 modification by\nSL2004-56\n23 Feb 2005\n23 Feb 2005–\n24 Mar 2005\nA2005-3 uncommenced\namendments by\nA2005-3\n25 Mar 2005\n25 Mar 2005–\n3 Apr 2005\nA2005-13 amendments by\nA2005-13\n4 Apr 2005\n4 Apr 2005–\nA2005-13 amendments by\nA2004-66\n\nEarlier republications 5\nfor\n12 May 2005–\nA2005-24 amendments by\nA2005-24\n2 June 2005–\n30 Aug 2005\nA2005-24 amendments by\nA2005-20\n31 Aug 2005\n31 Aug 2005–\n27 Oct 2005\nA2005-38 amendments by\nA2005-38\n28 Oct 2005\n28 Oct 2005–\n22 Nov 2005\nA2005-55 amendments by\nA2004-66 and\nA2005-3 as\namended by\nA2005-55\nR16*\n23 Nov 2005\n23 Nov 2005–\n5 Apr 2006\nA2005-55 amendments by\nA2005-53\n6 Apr 2006\n6 Apr 2006–\nA2005-55 commenced expiry\n1 July 2006–\n31 Aug 2006\nA2006-24 amendments by\nA2006-16 as\namended by\nA2006-24\n1 Sept 2006\n1 Sept 2006–\n15 Nov 2006\nA2006-33 commenced expiry\n16 Nov 2006\n16 Nov 2006–\nA2006-42 amendments by\nA2006-42\n1 July 2007–\nA2007-16 amendments by\nA2006-33\n11 July 2007–\n24 Oct 2007\nA2007-16 amendments by\nA2007-16\nR23*\n25 Oct 2007\n25 Oct 2007–\nA2007-31 amendments by\nA2007-31\n1 July 2008–\n25 Aug 2008\nA2007-31 commenced expiry\n26 Aug 2008\n26 Aug 2008–\n1 Feb 2009\nA2008-28 amendments by\nA2008-28\n\nfor\n2 Feb 2009\n2 Feb 2009–\n13 Feb 2009\nA2008-46 amendments by\nA2008-37\n14 Feb 2009\n14 Feb 2009–\n29 Mar 2009\nA2008-46 amendments by\nA2008-26\n30 Mar 2009\n30 Mar 2009–\n16 Aug 2009\nA2009-1 amendments by\nA2008-46\n17 Aug 2009\n17 Aug 2009–\n30 Sept 2009\nA2009-1 amendments by\nA2009-1\n1 Oct 2009\n1 Oct 2009–\n16 Dec 2009\nA2009-34 amendments by\nA2009-28\n17 Dec 2009\n17 Dec 2009–\n1 Apr 2010\nA2009-49 amendments by\nA2009-49\nR32 (RI)\n6 Apr 2010\n2 Apr 2010–\n16 Mar 2011\nA2009-49 amendments by\nA2009-34\nreissue for\nrepublication\ncorrection\nR33*\n17 Mar 2011\n17 Mar 2011–\nA2011-10 amendments by\nA2011-10\n1 July 2011–\n11 Dec 2011\nA2011-22 amendments by\nA2011-22\n12 Dec 2011\n12 Dec 2011–\n31 Dec 2011\nA2011-52 amendments by\nA2011-52\n1 Jan 2012\n1 Jan 2012–\nA2011-55 amendments by\nA2011-55\nR37*\n10 June 2014–\n31 Dec 2014\nA2014-18 amendments by\nA2014-18\nR38*\n1 Jan 2015\n1 Jan 2015–\n16 Apr 2015\nA2014-53 amendments by\nA2014-53\n17 Apr 2015\n17 Apr 2015–\nA2015-6 amendments by\nA2015-6\n\nEarlier republications 5\nfor\n3 June 2015–\nA2015-16 amendments by\nA2015-16\n29 June 2015–\n13 Oct 2015\nA2015-16 amendments by\nA2015-6\n14 Oct 2015\n14 Oct 2015–\n8 Dec 2015\nA2015-33 amendments by\nA2015-33\n9 Dec 2015\n9 Dec 2015–\n26 Apr 2016\nA2015-50 amendments by\nA2015-50\n27 Apr 2016\n27 Apr 2016–\n20 Jun 2016\nA2016-18 amendments by\nA2016-18\n21 June 2016–\n31 Aug 2016\nA2016-33 amendments by\nA2016-33\n1 Sep 2016\n1 Sep 2016–\n30 Apr 2017\nA2016-52 amendments by\nA2016-52\n1 May 2017–\n28 Mar 2018\nA2017-10 amendments by\nA2016-42\nA2017-10\n29 Mar 2018\n29 Mar 2018–\n22 Oct 2018\nA2018-8 amendments by\nA2018-8\n23 Oct 2018\n23 Oct 2018–\n29 Apr 2020\nA2018-33 amendments by\nA2018-33\n30 Apr 2020\n30 Apr 2020–\nA2019-38 amendments by\nA2019-38\n1 July 2020–\n17 Aug 2021\nA2020-20 amendments by\nA2020-20\n18 Aug 2021\n18 Aug 2021–\nA2021-16 amendments by\nA2021-16\n2 July 2022–\nA2021-16 expiry of\ntransitional\nprovisions (ch 15)\n\n6 Expired transitional or validating provisions\nfor\n1 July 2023–\n18 Nov 2025\nA2023-20 amendments by\nA2023-20\n19 Nov 2025\n19 Nov 2025–\n15 Dec 2025\nA2025-30 amendments by\nA2025-30\n6 Expired transitional or validating provisions\nThis Act may be affected by transitional or validating provisions that have expired.\nThe expiry does not affect any continuing operation of the provisions (see\nLegislation Act 2001, s 88 (1)).\nExpired provisions are removed from the republished law when the expiry takes\neffect and are listed in the amendment history using the abbreviation ‘exp’ followed\nby the date of the expiry.\nTo find the expired provisions see the version of this Act before the expiry took\neffect. The ACT legislation register has point-in-time versions of this Act.","sortOrder":245}],"analysis":{"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"The Act has expanded substantially beyond a simple dangerous‑substances safety statute. Since enactment it has layered in: (a) a dedicated asbestos regime (Chapter 3A) requiring assessment reports, a public register of affected residential premises and occupancy prohibitions on transferred properties (ss 47I–47V); (b) a detailed licensing and disciplinary apparatus (ch 4) and extensive delegated rule‑making for explosives, transport, classification and packing (ss 213–216); and (c) broader inspector and emergency powers (chs 7–8) including explicit cost‑recovery and compensation mechanisms (ss 150, 121, 185). Those additions extend the Act from regulating industrial handling into property‑affecting interventions and expansive enforcement and emergency decision‑making. The original purpose clause (s 6) remains, but the operational scope has grown to include specialised public‑health/property interventions (asbestos) and complex licensing/technical regimes administered largely by subordinate instruments."},"complexity_factors":["Very long Act (13+ chapters plus dictionary and many endnotes) with multiple Parts and Subdivisions","Extensive dictionary and many statutory definitions (around 70 defined terms and numerous signpost definitions)","Heavy use of delegated instruments: regulations, incorporated documents, codes of practice (ss 9, 213–219)","Multiple overlapping duty regimes (general duty s 23; specific duties ss 25–36; asbestos chapter 3A) with cross-references to WHS Act (s 8A)","Layered enforcement tools: strict/absolute liability offences, criminal tiers with imprisonment (pt 3.2), administrative notices (ss 99–119), enforceable undertakings (ss 123–128), injunctions (ss 129–133)","Complex licensing and suitability assessments with discretionary conditions and disciplinary process (ch 4: ss 48–72)","Detailed procedural and evidentiary rules (search warrants ss 157–166; samples pt 6.7; certificate presumptions ss 201–205)","Asbestos-specific regime added later (ch 3A) with register, reporting and occupancy prohibition (ss 47I–47V) — a significant, specialised sub‑regime","Multiple recovery and compensation pathways (cost recovery s 150; compensation for prohibition orders ss 120–121; compensation for emergency orders s 185) and corporate-officer liability (s 193)"],"plain_english_summary":"**What this law does, mechanically (short answer)**\n\n- Creates a comprehensive regulatory framework for the handling of “dangerous substances” in the ACT. Key duties and powers are set out in the Act itself and detailed rules are left to regulations, codes and incorporated documents (see s 6; ss 213–217; s 9).\n\n- Imposes a general duty on everyone handling dangerous substances to take all reasonable steps to minimise risk (s 23), plus a set of more specific duties for manufacturers, importers, suppliers, people in control of premises, and people who design, install, operate or maintain plant or systems (ss 25–36). Many duties require documented safety management systems (ss 19, 25, 31, 34). \n\n- Establishes criminal and regulatory offences for failure to comply with those duties and tiers penalties according to harm and fault (from strict or absolute liability for minor breaches up to high penalties and imprisonment where conduct causes or risks death or serious harm) (pt 3.2, esp. ss 42–46).\n\n- Creates a licensing and disciplinary regime for certain kinds of handling (ch 4: applications, suitability tests, licence conditions, suspension, cancellation and publication of disciplinary decisions — see ss 48–72).\n\n- Provides administrative compliance tools for inspectors and the regulator: improvement notices, prohibition notices, enforceable undertakings, compliance agreements, injunctions, seizure and sample-taking powers, and court remedies (pt 6 and ch 7, especially ss 99–119; ss 122–128; ss 129–133; ss 142–156).\n\n- Gives broad emergency powers to the Minister, including emergency orders and recall orders (ch 8, ss 179–182), with a statutory compensation route where an affected person claims insufficient grounds for the order (s 185).\n\n- Introduces an asbestos-specific regime (Chapter 3A) that requires assessment reports for certain residential premises (those that contain or contained loose‑fill asbestos insulation), creates a public register of affected residential premises, prescribes notification and pre-work reporting duties, and establishes an occupancy prohibition on affected premises after transfer except for approved occupants (ss 47I–47V; ss 47L–47P; s 47S–47V).\n\n- Makes clear how this Act interacts with other laws: it supplements other territory laws and defers to the Work Health and Safety Act where duties overlap (ss 8 and 8A). The Act also depends heavily on regulations and incorporated instruments such as the Australian Dangerous Goods Code and the Australian Explosives Code (ss 9, 213–216).\n\n\n**Who this affects (in plain language)**\n\n- Businesses and individuals who manufacture, import, supply, store, transport, use, maintain, or dispose of dangerous substances (see s 11 for a list of handling activities).\n- People in control of premises, plant or systems where dangerous substances are handled (see s 17 and s 18).\n- Licenced operators and applicants for licences; close associates of applicants (ch 4, ss 48–52).\n- Owners and occupiers of certain residential properties that contain or contained loose‑fill asbestos (Chapter 3A: ss 47I–47P; ss 47S–47V).\n- Inspectors, the work health and safety commissioner, the Minister and courts (multiple enforcement and decision-making powers throughout chs 6–9 and 11).\n\n\n**Why it matters (policy purpose stated, then tested against costs and incentives)**\n\nStated purpose: to protect people’s health and safety and to protect property and the environment from hazards associated with dangerous substances (s 6). The Act seeks to do that by allocating responsibilities, requiring risk assessment and controls (including documented safety management systems), establishing licensing and notification regimes, and giving inspectors and the Minister powers to act in urgent situations (s 6; ss 19, 25; ch 4; chs 6–8).\n\nWhat that means in practice and what it costs or changes:\n\n- Allocation of responsibility. The Act places legal duties on multiple private actors: manufacturers, importers, suppliers, people in control of premises or plant, and everyone at premises (ss 23, 26–31, 33–36). This shifts compliance and monitoring costs onto private operators who must document and prove compliance (s 25(2)(a)–(b); s 31(1)).\n\n- Compliance burden and record-keeping. Requirements for documented safety management systems, safety information, labeling, packing, placarding and record-keeping are frequent (ss 19, 26(1)(e), 28(1)(e), 14). Those tasks create direct administrative and training costs for businesses and property owners.\n\n- Licensing and suitability screening. Some handling must be licensed (ch 4). The regulator assesses personal suitability (criminal history, contraventions, protections orders, competence) and may refuse, impose conditions, suspend or cancel licences (ss 49–53; ss 67–71). This concentrates regulatory discretion with the work health and safety commissioner and creates compliance costs for applicants and licensees.\n\n- Enforcement and deterrence. The Act combines administrative tools (improvement/prohibition notices ss 99–119; enforceable undertakings ss 123–128), criminal penalties (pt 3.2), and civil remedies (injunctions ss 129–133). Strict and absolute liability provisions on some breaches (e.g. s 42 and many other regulatory offences) lower the prosecution burden but increase legal risk for businesses.\n\n- Emergency powers and public cost exposure. The Minister can make emergency orders including recalls and destructions of product (ss 179–182). The Territory can recover some costs from persons bound by orders (s 181(3)); an affected person may apply for compensation where the order lacked sufficient grounds (s 185). This creates a mixture of potential private liabilities and a public backstop that shifts some contingent costs back to the Territory if an order is found unjustified.\n\n- Asbestos-specific interventions enlarge scope and impose ownership/occupancy controls. Chapter 3A creates a register, requires assessment reports, mandates pre-work notification and can prohibit occupation of affected premises after transfer except for “approved occupants” (ss 47N–47Q; s 47S–47U). These provisions directly affect property rights and transactions (owners must maintain reports, notify the regulator and may face an occupation prohibition) and create concentrated effects (owners and potential buyers are most affected).\n\n- Interaction with other regulatory instruments increases complexity and private compliance costs. The Act routinely delegates technical detail to regulations, incorporated documents (ADG Code, Australian Explosives Code) and approved codes of practice (s 9; ss 213–219). That means daily operational rules are often in instruments outside the statute and can be updated without primary legislation.\n\n\n**Who pays, who decides, and what behaviour changes (concise)**\n\n- Who pays: businesses, licensees and persons in control of premises pay for compliance—safety management systems, labelling, storage, testing, licences and any costs of remedial works. Costs of emergency action taken by inspectors can be recovered from persons who own or control the dangerous substance or premises (s 150); the Territory may pay compensation in limited cases (ss 121, 185).\n\n- Who decides: the Minister (powers to declare substances, to make emergency orders — s 10(2); s 179), the work health and safety commissioner (licensing, disciplinary action, publication — ch 4; ss 68–72), inspectors (entry, notices, seizure, sampling — ch 7; ss 99–119), and courts (injunctions, coercive orders and criminal penalties).\n\n- Behaviour changes expected: operators will document and formalise safety management, limit unlicensed activities, change packaging/labeling/storage to comply with codes/regulations, report dangerous occurrences promptly, and reduce risky handling or dispose of hazardous stock if ordered.\n\n\n**Key implementation and legal risks (practical)**\n\n- High regulatory complexity: the Act depends heavily on regulations, incorporated instruments and codes (ss 9, 213–217). That multiplies compliance points and makes operational obligations moveable by subordinate instruments.\n\n- Discretion and enforcement costs: inspectors and the work health and safety commissioner hold broad discretionary powers (entry, seizure, immediate suspension of licences, emergency action — ss 142, 148, 69). Businesses face uncertainty and potential interruption while matters are resolved.\n\n- Property and transaction impact from asbestos chapter: the register and occupancy prohibition (ss 47P, 47S–47V) can affect title, sales and tenancy arrangements and may require remediation costs, assessments and documentary obligations.\n\n- Liability profile: combinations of strict/absolute liability, criminal penalties for serious outcomes, and corporate officer liability (s 193) create both corporate and personal exposure for senior officers.\n\n- Administrative resourcing: meaningful enforcement requires adequately resourced inspection, licensing and analyst capacity (ss 207–210; pt 6.7). The Act assumes the regulator can operate the licensing, inspection and asbestos register functions effectively.\n\n\n**Immediate practical takeaways**\n\n- If you manufacture, import, supply, store, transport, use or otherwise handle dangerous substances in the ACT, the Act requires documented safety systems and imposes documented duties (see ss 19, 25, 31). Review your safety management system and records for alignment with regulations and incorporated codes (s 19; s 9).\n\n- Check whether any handling you do must be licensed under regulations; if so, expect suitability checks and reporting obligations under ch 4 (ss 50–53; s 57).\n\n- Owners of residential premises known or suspected to contain loose‑fill asbestos should be aware of Chapter 3A duties: obtain and keep current contamination reports, notify the regulator for certain work, and understand the occupancy prohibition rules on transfer (ss 47N–47P; ss 47S–47V).\n\n- Operationally, ensure you can respond to inspector actions: comply with improvement/prohibition notices (ss 100–119), provide requested documents (ss 88–92), and preserve sites after dangerous occurrences (pt 5.2).\n\n\n(References cited are to sections and parts of the Dangerous Substances Act 2004: see s 6 (purpose); s 11 (handling); ch 3 (safety duties); ch 4 (licences); pt 3.2 (offences); ch 6 (compliance measures); ch 7 (enforcement); ch 8 (emergency powers); ch 3A (asbestos).)"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"_metrics":{"completionTokens":790},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act has expanded significantly from its original 2004 focus on explosives and general dangerous substances. Major additions include: (1) Chapter 3A asbestos provisions (2004 onwards, substantially reformed 2014-2021) creating a property registration and occupancy prohibition scheme for loose-fill asbestos homes; (2) security-sensitive substances framework (2018); (3) integration with the Work Health and Safety Act 2011 regime; and (4) enhanced enforcement mechanisms including emergency orders and enforceable undertakings. The asbestos provisions in particular represent a substantial expansion into residential property regulation and public health management beyond the original industrial safety focus."},"complexity_factors":["Extensive cross-referencing with the Work Health and Safety Act 2011 and other ACT legislation","Multiple overlapping duty holders (manufacturers, importers, suppliers, persons in control of premises/plant) with non-delegable obligations","Nested conditional logic: safety duties vary based on commercial vs non-commercial handling, residential vs non-residential premises, and substance classification","Detailed licensing scheme with suitability assessments, close associate checks, and disciplinary procedures","Asbestos provisions create a parallel regulatory regime with property registration, occupancy prohibitions, and transfer restrictions","Emergency powers and recall orders with compensation mechanisms","Strict liability offences mixed with fault-based offences requiring recklessness or negligence","Incorporated documents (ADG Code, Australian Explosives Code) applied dynamically 'as in force from time to time'","Complex enforcement framework: inspectors, search warrants, sample analysis protocols, seizure and forfeiture procedures","Review and appeal pathways through internal review and ACAT"],"plain_english_summary":"This Act regulates dangerous substances—notably explosives, asbestos (including loose‑fill home insulation), and security‑sensitive materials—to protect people, property and the environment. It requires licences for commercial handlers, imposes general safety duties and documented risk‑management systems, mandates immediate reporting of dangerous occurrences, and sets special asbestos rules (public register, contamination reports, restricted occupancy). Inspectors/Minister have strong enforcement powers and significant fines/prison terms; it operates alongside the WHS Act."},"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"}},"importantCases":[],"_links":{"self":"/api/acts/dangerous-substances-act-2004","history":"/api/acts/dangerous-substances-act-2004/history","analysis":"/api/acts/dangerous-substances-act-2004/analysis","conflicts":"/api/acts/dangerous-substances-act-2004/conflicts","importantCases":"/api/acts/dangerous-substances-act-2004/important-cases","documents":"/api/acts/dangerous-substances-act-2004/documents"}}