Clinical Waste Act 1990 (ACT)

This Act sets a statutory framework for identifying, regulating, licensing and enforcing safe treatment, storage, transportation and disposal of clinical waste in the Australian Capital Territory. Its central mechanics are: ministerial power to declare what is clinical waste and what activities are prescribed (s 3); a minister-made clinical waste manual that contains operational requirements and a list of authorised disposal sites and which operates as a disallowable instrument (ss 14-15); a licensing regime for businesses that transport clinical waste with mandatory considerations before grant, time-limited licences and powers to vary, suspend or cancel (ss 19-26); criminal offences for negligent handling of clinical waste and for failing to comply with manual requirements or operating without a licence (ss 28-30); and inspection, seizure and sampling powers for authorised officers together with search-warrant procedures (Part 6, ss 31-37).

The Act concentrates operational detail in the manual. The manual may impose requirements not inconsistent with the Act for storage, treatment, transport and disposal methods, container types and labelling, and must contain a list of waste disposal sites (s 14(2)(a)-(b)). The manual is a disallowable instrument and must be publicly notified before it commences (s 15(1)-(3)). The Minister also has a discrete power to declare places to be disposal sites (s 11), and to declare particular wastes or activities as clinical waste or prescribed activities (s 3), both by disallowable instrument.

Administration of the scheme is vested in a Clinical Waste Controller appointed by the director-general and supported by inspectors appointed by the director-general (ss 7-9). Inspectors have powers to enter regulated premises without warrant at reasonable times, to enter other premises with consent, to inspect, sample, seize, copy documents and require assistance or answers to questions (ss 32-34). There are procedural protections for consented entry, sample handling (s 35) and return of seized things if no prosecution is started within 90 days (s 36(1)).

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Clinical Waste Act 1990 A1990-5 Republication No 21 Effective: 6 December 2025 Republication date: 6 December 2025 Last amendment made by A2025-29

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au About this republication The republished law This is a republication of the Clinical Waste Act 1990 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 6 December 2025. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 6 December 2025. The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. Kinds of republications The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au): • authorised republications to which the Legislation Act 2001 applies • unauthorised republications. The status of this republication appears on the bottom of each page. Editorial changes The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice. This republication includes amendments made under part 11.3 (see endnote 1). Uncommenced provisions and amendments If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register (www.legislation.act.gov.au). For more information, see the home page for this law on the register. Modifications If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95. Penalties At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).

R21 06/12/25 Clinical Waste Act 1990 Effective: 06/12/25 contents 1 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Clinical Waste Act 1990 Contents Page Part 1 Preliminary 1 Name of Act 2 2 Dictionary 2 2A Notes 2 2B Offences against Act—application of Criminal Code etc 3 3 Declarations of clinical waste and prescribed activity 3 6 Radioactive material 3 Part 2 Administration 7 Clinical Waste Controller 4 8 Delegation by controller 4 9 Inspectors 4 10 Identity cards 4 11 Declaration of disposal sites 5

Contents Page contents 2 Clinical Waste Act 1990 Effective: 06/12/25 R21 06/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 3 Clinical waste manual 14 Preparation of manual 6 15 Notification and commencement of manual and amendments 6 18 Inspection of manual 7 Part 4 Licences 19 Application for clinical waste transport licence 8 20 Grant or refusal 8 21 Duration 10 22 Variation 10 23 Suspension or cancellation 10 24 Notices 11 25 Emergency suspension 12 26 Return of licence 12 Part 4A Notification and review of decisions 27 Meaning of reviewable decision—pt 4A 13 27A Reviewable decision notices 13 27B Application for review 13 Part 5 Offences 28 Handling—general 14 29 Handling—regulated premises 14 30 Unlicensed transport 15 Part 6 Enforcement 31 Meaning of connected—pt 6 16 32 Entry to premises 16 33 Consent to entry 16 34 Powers of inspectors 17 35 Taking samples 18 36 Disposal of seized things 19 37 Search warrants 19

Contents Page R21 06/12/25 Clinical Waste Act 1990 Effective: 06/12/25 contents 3 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 7 Miscellaneous 39 Acts and omissions of representatives 21 40 Determination of fees 22 42 Regulation-making power 22 Schedule 1 Reviewable decisions 23 Dictionary 24 Endnotes 1 About the endnotes 28 2 Abbreviation key 28 3 Legislation history 29 4 Amendment history 33 5 Earlier republications 37

R21 06/12/25 Clinical Waste Act 1990 Effective: 06/12/25 page 1 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Clinical Waste Act 1990 An Act relating to the treatment, storage, transportation and disposal of clinical waste

Part 1 Preliminary Section 1 page 2 Clinical Waste Act 1990 Effective: 06/12/25 R21 06/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 1 Preliminary 1 Name of Act This Act is the Clinical Waste Act 1990. 2 Dictionary The dictionary at the end of this Act is part of this Act. Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act. For example, the signpost definition ‘connected, for part 6 (Enforcement)—see section 31.’ means that the term ‘connected’ is defined in that section for part 6. Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)). 2A Notes A note included in this Act is explanatory and is not part of this Act. Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Preliminary Part 1 Section 2B R21 06/12/25 Clinical Waste Act 1990 Effective: 06/12/25 page 3 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 2B Offences against Act—application of Criminal Code etc Other legislation applies in relation to offences against this Act. Note 1 Criminal Code The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1). The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability). Note 2 Penalty units The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units. 3 Declarations of clinical waste and prescribed activity (1) The Minister may declare waste to be clinical waste for this Act. (2) The Minister may declare an activity to be a prescribed activity for this Act. (3) A declaration under this section is a disallowable instrument. 6 Radioactive material This Act does not apply to radioactive material within the meaning of the Radiation Protection Act 2006.

Part 2 Administration Section 7 page 4 Clinical Waste Act 1990 Effective: 06/12/25 R21 06/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 2 Administration 7 Clinical Waste Controller The director-general must appoint a public servant as the Clinical Waste Controller. Note 1 For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3. Note 2 In particular, an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207). 8 Delegation by controller The controller may delegate to a public servant the controller’s functions under this Act. Note For the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4. 9 Inspectors (1) The director-general may appoint a public servant as an inspector. Note 1 For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3. Note 2 In particular, an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207). (2) The controller is also an inspector. 10 Identity cards (1) The director-general must give an authorised person an identity card stating the person’s name and position. (2) The identity card must show— (a) a recent photograph of the person; and (b) the card’s date of issue and expiry; and

Administration Part 2 Section 11 R21 06/12/25 Clinical Waste Act 1990 Effective: 06/12/25 page 5 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (c) if the person is only authorised to exercise functions under particular provisions of this Act—the provisions; and (d) anything else prescribed by regulation. (3) A person commits an offence if— (a) the person stops being an authorised person; and (b) the person does not return the person’s identity card to the director-general as soon as practicable, but not later than 7 days after the day the person stops being an authorised person. Maximum penalty: 1 penalty unit. (4) An offence against this section is a strict liability offence. (5) In this section: authorised person means a person holding any of the following positions: (a) the controller; (b) a delegate of the controller with any delegated powers of an inspector; (c) an inspector mentioned in section 9 (3) (a). 11 Declaration of disposal sites (1) The Minister may declare a place to be a disposal site for clinical waste. (2) A declaration is a notifiable instrument.

Part 3 Clinical waste manual Section 14 page 6 Clinical Waste Act 1990 Effective: 06/12/25 R21 06/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 3 Clinical waste manual 14 Preparation of manual (1) The Minister must make a clinical waste manual for this Act. (2) The manual— (a) may contain requirements, not inconsistent with this Act, relating to— (i) the way in which clinical waste may be stored, treated, transported or disposed of; or (ii) the kinds of containers in which clinical waste may be stored or transported; or (iii) the labelling and marking of containers used for the storage or transport of clinical waste; and (b) must contain a list of waste disposal sites. 15 Notification and commencement of manual and amendments (1) The manual is a disallowable instrument. (2) The Minister must give additional public notice of the making of the manual. Note Public notice means notice on an ACT government website or in a daily newspaper circulating in the ACT (see Legislation Act, dict, pt 1). The requirement in s (2) is in addition to the requirement for notification on the legislation register as a disallowable instrument. (3) The manual, or an amendment or repeal of it, commences— (a) 15 days after the day it is notified under the Legislation Act; or (b) if the manual, amendment or repeal provides for a later date or time of commencement—on that date or at that time.

Clinical waste manual Part 3 Section 18 R21 06/12/25 Clinical Waste Act 1990 Effective: 06/12/25 page 7 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 18 Inspection of manual (1) The controller must keep a copy of the manual at the controller’s office at all times. (2) Any person may, on request, at any time the controller’s office is open for business, inspect the copy of the manual kept by the controller.

Part 4 Licences Section 19 page 8 Clinical Waste Act 1990 Effective: 06/12/25 R21 06/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 4 Licences 19 Application for clinical waste transport licence (1) A person may apply for a licence to carry on the business of transporting clinical waste. (2) An application must be given to the controller and may be signed by or on behalf of the applicant. 20 Grant or refusal (1) If an application for a licence has been made, the controller must— (a) grant the licence subject to the conditions (if any) stated on the licence; or (b) refuse to grant the licence. (2) For the purpose of making a decision under subsection (1), the controller must, in relation to the period to which the licence would relate, have regard to the following matters: (a) whether the applicant has, or will have, the necessary facilities to transport clinical waste under this Act; Note A reference to an Act includes a reference to the statutory instruments under the Act, including any regulation (see Legislation Act, s 104). (b) the terms of any contract that the applicant has entered into, or intends to enter into, in relation to the transport of clinical waste; (c) the volume and type of clinical waste that the applicant intends to transport; (d) the arrangements that the applicant has made, or proposes to make, for the safe handling of clinical waste transported by the applicant;

Licences Part 4 Section 20 R21 06/12/25 Clinical Waste Act 1990 Effective: 06/12/25 page 9 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (e) whether the applicant is, or undertakes to be, insured by an authorised insurer against any liability that may result from any activity that would be carried out under the licence, and whether that insurance will be adequate for that purpose; (f) the degree of supervision that the applicant would exercise over people employed or engaged in activities that would be carried out under the licence; (g) whether the applicant has previously engaged in the business of transporting clinical waste and whether, in the course of that business, clinical waste was handled in contravention of this Act or of legislation of a State or another Territory dealing with the treatment, storage, transportation or disposal of clinical waste; (h) any other matters the controller reasonably believes to be relevant, including, in particular, the need to protect public health, property or the environment. (3) If the controller grants a licence subject to a condition or refuses to grant a licence, the controller must give written notice of the decision to the applicant. (4) In subsection (2) (e): authorised insurer means a person carrying on an insurance business in Australia under— (a) an authorisation under the Insurance Act 1973 (Cwlth), part 3 (Authorisation to carry on insurance business); or (b) a determination under that Act, section 7 (Determination that certain provisions do not apply).

Part 4 Licences Section 21 page 10 Clinical Waste Act 1990 Effective: 06/12/25 R21 06/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 21 Duration (1) A licence remains in force for the 12 months commencing on the day the licence is granted. (2) However, a licence must not be taken to be in force if it is suspended under section 23 or section 25. 22 Variation (1) If, after a licence has been granted, the controller believes on reasonable grounds that it is necessary to do so in the interests of the health or safety of any person affected by the licensee’s activities, the controller may, by written notice to the licensee, vary a licence by— (a) varying a condition of the licence; or (b) revoking a condition; or (c) imposing a condition on the licence. (2) The variation of a licence takes effect on— (a) the date the notice of the variation is given to the licensee; or (b) if a later date is stated in the notice, on that later date. (3) In this section: licence includes a licence that is suspended. (4) This section is subject to section 24. 23 Suspension or cancellation (1) This section applies if a licensee— (a) is found guilty of an offence against this Act; or (b) contravenes a condition of the licence; or (c) contravenes a requirement in the manual.

Licences Part 4 Section 24 R21 06/12/25 Clinical Waste Act 1990 Effective: 06/12/25 page 11 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (2) If the controller believes on reasonable grounds that it is necessary to do so in the interests of the health or safety of any person affected by the licensee’s activities, the controller may, by written notice to the licensee— (a) suspend the licence for a stated period of not longer than 6 months; or (b) cancel the licence. (3) The suspension or cancellation of the licence takes effect— (a) on the day the notice of the suspension or cancellation is given to the licensee; or (b) if a later day is stated in the notice—the later day. (4) This section is subject to section 24. 24 Notices (1) The controller must not vary, or suspend or cancel a licence under section 23, unless the controller has given the licensee written notice that— (a) states the ground on which the controller intends to vary, suspend or cancel the licence; and (b) states the facts and circumstances that, in the controller’s opinion, constitute that ground; and (c) informs the licensee that the licensee may, within 28 days after the date of the notice, give to the controller a written response to the matters stated in the notice. (2) For the purpose of deciding whether to exercise the controller’s functions under section 22 or 23, the controller must have regard to any response given in accordance with a notice under subsection (1). Note A provision of a law that gives an entity (including a person) a function also gives the entity powers necessary and convenient to exercise the function (see Legislation Act, s 196 and dict, pt 1, def entity).

Part 4 Licences Section 25 page 12 Clinical Waste Act 1990 Effective: 06/12/25 R21 06/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 25 Emergency suspension (1) This section applies if— (a) a licensee— (i) is found guilty of an offence under this Act; or (ii) contravenes a condition of the licence; or (iii) contravenes a requirement in the manual; and (b) the controller believes on reasonable grounds that it is necessary, to prevent or remove an imminent risk of death, serious illness or serious injury to a person (whether identified or not), to suspend the licence. (2) The controller may, by written notice to the licensee, suspend the licence for a stated period of not longer than 6 months. (3) The suspension takes effect on the day the notice is given to the licensee. 26 Return of licence (1) If the controller varies, suspends or cancels a licence, the licensee must return the licence to the controller within 7 days after the day the variation, suspension or cancellation takes effect. Maximum penalty: 5 penalty units. (2) An offence against this section is a strict liability offence. (3) If the licence has been varied, the controller must endorse the variation on the licence and return the licence to the licensee.

Notification and review of decisions Part 4A Section 27 R21 06/12/25 Clinical Waste Act 1990 Effective: 06/12/25 page 13 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 4A Notification and review of decisions 27 Meaning of reviewable decision—pt 4A In this part: reviewable decision means a decision mentioned in schedule 1, column 3 under a provision of this Act mentioned in column 2 in relation to the decision. 27A Reviewable decision notices If a person makes a reviewable decision, the person must give a reviewable decision notice to each entity mentioned in schedule 1, column 4 in relation to the decision. Note The person must also take reasonable steps to give a reviewable decision notice to any other person whose interests are affected by the decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A). 27B Application for review The following may apply to the ACAT for review of a reviewable decision: (a) an entity mentioned in schedule 1, column 4 in relation to the decision; (b) any other person whose interests are affected by the decision.

Part 5 Offences Section 28 page 14 Clinical Waste Act 1990 Effective: 06/12/25 R21 06/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 5 Offences Note The Waste Management and Resource Recovery Act 2016 imposes requirements, and creates offences, in relation to a person that stores, transports or disposes of clinical waste. 28 Handling—general A person commits an offence if the person— (a) stores, transports or disposes of clinical waste; and (b) is negligent about whether the way in which the waste is stored, transported or disposed of would cause injury or disease to someone dealing with the waste. Maximum penalty: 100 penalty units, imprisonment for 1 year or both. 29 Handling—regulated premises (1) A person commits an offence if— (a) the person stores, transports or disposes of clinical waste; and (b) the waste is derived from regulated premises; and (c) the person does not store, transport or dispose of the waste in accordance with the manual. Maximum penalty: 50 penalty units, imprisonment for 6 months or both. (2) An offence against this section is a strict liability offence.

Offences Part 5 Section 30 R21 06/12/25 Clinical Waste Act 1990 Effective: 06/12/25 page 15 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 30 Unlicensed transport (1) A person commits an offence if the person— (a) conducts a business of transporting clinical waste; and (b) is not licensed to conduct the business. Maximum penalty: 50 penalty units, imprisonment for 6 months or both. (2) An offence against this section is a strict liability offence.

Part 6 Enforcement Section 31 page 16 Clinical Waste Act 1990 Effective: 06/12/25 R21 06/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 6 Enforcement 31 Meaning of connected—pt 6 For this part, a thing is connected with a particular offence if— (a) the offence has been committed in relation to it; or (b) it will afford evidence of the commission of the offence; or (c) it was used, or is or was intended to be used, for the purpose of committing the offence. 32 Entry to premises (1) For this Act, an inspector may, without the authority of a warrant— (a) enter regulated premises at any reasonable time; or (b) enter any premises at any time with the consent of the occupier; if the inspector believes on reasonable grounds that the premises are being used in connection with the storage, treatment, transportation or disposal of clinical waste. (2) An inspector who enters premises under subsection (1) is not entitled to remain on the premises if, on request by the occupier, the inspector does not produce his or her identity card to the occupier. 33 Consent to entry (1) An inspector who requests a person to consent to the inspector entering premises under section 32 (1) must inform the person that he or she may refuse to give consent. (2) If an inspector obtains the consent of a person to enter premises under section 32 (1), the inspector must ask the person to sign a written acknowledgment— (a) that the person has been informed that he or she may refuse to so consent; and

Enforcement Part 6 Section 34 R21 06/12/25 Clinical Waste Act 1990 Effective: 06/12/25 page 17 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) that the person has consented; and (c) of the day and time the person consented. (3) If it is material, in any proceedings, for a court to be satisfied that a person has consented to an inspector entering premises under section 32 (1) and an acknowledgment, in accordance with subsection (2), signed by the person is not produced in evidence, it must be presumed that the person did not consent, unless the contrary is established. 34 Powers of inspectors (1) An inspector who is entitled under section 32 to remain on premises may— (a) inspect, examine, take measurements of, or conduct tests concerning, the premises or any system of work, plant, substance or thing at the premises; and (b) inspect and test any container or equipment on the premises that the inspector believes on reasonable grounds to be used for the treatment, storage, transportation or disposal of clinical waste; and (c) inspect and test any material or substance on the premises that the inspector believes on reasonable grounds to be clinical waste, and take samples of the material or substance; and (d) take any photographs, video recordings or films in connection with the inspection that the inspector believes on reasonable grounds to be necessary; and (e) seize anything that the inspector believes on reasonable grounds to be connected with an offence against this Act; and (f) inspect any document on the premises relating to the treatment, storage, transportation or disposal of clinical waste; and (g) make copies of, or take extracts from, any such document; and

Part 6 Enforcement Section 35 page 18 Clinical Waste Act 1990 Effective: 06/12/25 R21 06/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (h) require any person on the premises to make available to the inspector any document relating to the use of the premises in connection with the treatment, storage, transportation or disposal of clinical waste; and (i) require any person on the premises to answer questions relating to the use of those premises in connection with the treatment, storage, transportation or disposal of clinical waste; and (j) require any person on the premises to give the inspector any assistance that is necessary or reasonable to enable the inspector to exercise his or her powers under this section. (2) A person must take all reasonable steps to comply with a requirement made of the person under subsection (1) (h), (i) or (j). Maximum penalty: 50 penalty units. Note The Legislation Act, s 170 and s 171 deal with the application of the privilege against self-incrimination and client legal privilege. 35 Taking samples An inspector who takes a sample under section 34 (c) must— (a) ensure that the sample is such as to permit paragraph (c) to be complied with; and (b) give a receipt for the sample to the occupier of the premises where the sample was taken; and (c) divide the sample into 2 parts as nearly as practicable identical in size and composition to each other and each suitable for analysis; and (d) place each of those parts in a separate container and seal each container; and (e) attach to each container a label bearing the signature of the inspector and particulars of the date and time when, and the place where, the sample was taken; and

Enforcement Part 6 Section 36 R21 06/12/25 Clinical Waste Act 1990 Effective: 06/12/25 page 19 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (f) give 1 container to the occupier of the premises. 36 Disposal of seized things (1) The controller must take reasonable steps to return a thing seized under section 34 (e) to the person from whom it was seized, or to someone else who appears to the controller to be entitled to it, if— (a) a prosecution for an offence against this Act in relation to the thing is not started within 90 days after the day of the seizure; or (b) a person is charged with an offence against this Act in relation to the thing within the 90-day period but the person is not convicted or found guilty of the offence. (2) If a person is convicted or found guilty of an offence against this Act in relation to a thing seized under section 34 (e), the court may order— (a) that the thing be given to the person who appears to the court to be entitled to it; or (b) that the thing be forfeited to the Territory. 37 Search warrants (1) If an information on oath is laid before a magistrate alleging that there are reasonable grounds for suspecting that there may be on any premises a thing of a particular kind connected with a particular offence against this Act, and the information sets out those grounds, the magistrate may issue a search warrant authorising an inspector named in the warrant, with any assistance and force that is necessary and reasonable— (a) to enter the premises; and (b) to search those premises for things of that kind; and

Part 6 Enforcement Section 37 page 20 Clinical Waste Act 1990 Effective: 06/12/25 R21 06/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (c) to exercise any of the powers under section 34 in relation to such a thing. Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations (see Legislation Act, s 104). (2) A magistrate must not issue a warrant under subsection (1) unless— (a) the informant or some other person has given to the magistrate, either orally or by affidavit, any further information that the magistrate requires in relation to the grounds on which the issue of the warrant is being sought; and (b) the magistrate is satisfied that there are reasonable grounds for issuing the warrant. (3) A warrant must— (a) state the purpose for which it is issued; and (b) state the nature of the offence for which the entry, search and exercise of the functions under section 34 are authorised; and Note A provision of a law that gives an entity (including a person) a function also gives the entity powers necessary and convenient to exercise the function (see Legislation Act, s 196 and dict, pt 1, def entity). (c) state particular hours during which the entry is authorised or state that the entry is authorised at any time of day or night; and (d) include a description of the kinds of things for which the functions under section 34 may be exercised; and (e) state a day, not later than 1 month after the day of issue of the warrant, when the warrant ceases to have effect.

Miscellaneous Part 7 Section 39 R21 06/12/25 Clinical Waste Act 1990 Effective: 06/12/25 page 21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 7 Miscellaneous 39 Acts and omissions of representatives (1) In this section: person means an individual. Note See the Criminal Code, pt 2.5 for provisions about corporate criminal responsibility. representative, of a person, means an employee or agent of the person. state of mind, of a person, includes— (a) the person’s knowledge, intention, opinion, belief or purpose; and (b) the person’s reasons for the intention, opinion, belief or purpose. (2) This section applies to a prosecution for any offence against this Act. (3) If it is relevant to prove a person’s state of mind about an act or omission, it is enough to show— (a) the act was done or omission made by a representative of the person within the scope of the representative’s actual or apparent authority; and (b) the representative had the state of mind. (4) An act done or omitted to be done on behalf of a person by a representative of the person within the scope of the representative’s actual or apparent authority is also taken to have been done or omitted to be done by the person. (5) However, subsection (4) does not apply if the person establishes that reasonable precautions were taken and appropriate diligence was exercised to avoid the act or omission.

Part 7 Miscellaneous Section 40 page 22 Clinical Waste Act 1990 Effective: 06/12/25 R21 06/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (6) A person who is convicted of an offence cannot be punished by imprisonment for the offence if the person would not have been convicted of the offence without subsection (3) or (4). 40 Determination of fees (1) The Minister may determine fees for this Act. (2) A determination is a disallowable instrument. 42 Regulation-making power (1) The Executive may make regulations for this Act. (2) A regulation may prescribe offences for contraventions of the regulations or requirements contained in the manual and prescribe maximum penalties of not more than 10 penalty units for offences against the regulations.

Reviewable decisions Schedule 1 R21 06/12/25 Clinical Waste Act 1990 Effective: 06/12/25 page 23 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Schedule 1 Reviewable decisions (see pt 4A) column 1 item column 2 section column 3 decision column 4 entity 1 20 (1) (a) grant licence subject to conditions applicant for licence 2 20 (1) (b) refuse to grant licence applicant for licence 3 22 (1) vary licence licensee 4 23 (2) (a) suspend licence entity that has licence suspended 5 23 (2) (b) cancel licence entity that has licence cancelled 6 25 (2) suspend licence entity that has licence suspended

Dictionary page 24 Clinical Waste Act 1990 Effective: 06/12/25 R21 06/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Dictionary (see s 2) Note 1 The Legislation Act contains definitions and other provisions relevant to this Act. Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms: • ACAT • magistrate • Minister (see s 162) • person • public servant • reviewable decision notice • State. clinical waste means any of the following, other than waste the treatment of which is completed in accordance with the manual: (a) waste consisting of a catheter, hypodermic needle, intravenous set, pipette or scalpel; (b) waste consisting of any other instrument or object that has been used in the taking of blood, the testing, processing or handling of blood or blood products, the investigation of human or animal diseases or in analysis or research that involves the use of tissue or fluid specimens, whether human or animal; (c) sanitary waste that originates from or has been in contact with a person who has a transmissible notifiable condition within the meaning of the Public Health Act 1997; (d) waste resulting from the investigation or analysis of tissue or fluid specimens, whether human or animal; (e) biological or chemical waste resulting from the investigation of human or animal diseases; (f) waste derived from a prescribed activity, being waste that includes or included human blood, or animal blood in any form other than food waste;

Dictionary R21 06/12/25 Clinical Waste Act 1990 Effective: 06/12/25 page 25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (g) human or animal tissue or body fluids, removed during surgery or an autopsy; (h) waste consisting of a cytotoxic substance or waste that is, or is likely to be, contaminated by a cytotoxic substance; (i) waste consisting of anything that has been in contact with waste mentioned in a previous paragraph; (j) waste derived from the preparation of a human body for burial or cremation; (k) waste declared by the Minister under section 3 (Declarations of clinical waste and prescribed activity) to be clinical waste. connected, for part 6 (Enforcement)—see section 31. controller means the Clinical Waste Controller under section 7. inspector means an inspector under section 9. licence means a licence in force under this Act. manual means the clinical waste manual under section 14. occupier, in relation to premises, includes a person who is, or appears to be, in charge of the premises. offence against this Act includes an offence against this Act that there are reasonable grounds for believing has been, or will be, committed. Note A reference to an offence against a territory law includes a reference to a related ancillary offence, eg attempt (see Legislation Act, s 189). premises includes— (a) a structure, building, aircraft, vehicle or vessel; and (b) a place (whether enclosed or built upon or not); and (c) a part of premises (including premises of a kind referred to in paragraph (a) or (b)).

Dictionary page 26 Clinical Waste Act 1990 Effective: 06/12/25 R21 06/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au prescribed activity means— (a) the provision of medical, surgical or dental treatment, or nursing care; or (b) the provision of diagnostic or paramedical services; or (c) the provision of veterinary services; or (d) a practice, business or undertaking— (i) conducted by a pharmacist, chiropodist or podiatrist; or (ii) that involves the taking of blood or the testing, processing or handling of blood or blood products; or (iii) that involves tattooing, acupuncture, depilation, ear or nose piercing, hair restoration or any other process requiring penetration of the skin of a live person; or (iv) that involves the investigation of human or animal diseases; or (v) that involves analysis or research involving the use of tissue or fluid specimens, whether human or animal; or (e) an activity declared by the Minister under section 3 (Declarations of clinical waste and prescribed activity) to be a prescribed activity. regulated premises means— (a) a hospital; or (b) premises used primarily for the provision of accommodation and nursing care, or nursing care; or (c) a funeral parlour; or (d) a mortuary; or (e) any other premises at which a prescribed activity is conducted or carried on.

Dictionary R21 06/12/25 Clinical Waste Act 1990 Effective: 06/12/25 page 27 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au reviewable decision, for part 4A (Notification and review of decisions)—see section 27. waste disposal site, in relation to clinical waste of a particular kind, means a place declared by the Minister under section 11 to be a disposal site for clinical waste of that kind.

Endnotes 1 About the endnotes page 28 Clinical Waste Act 1990 Effective: 06/12/25 R21 06/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Endnotes 1 About the endnotes Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes. Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office. Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history. If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. The endnotes also include a table of earlier republications. 2 Abbreviation key A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired

Endnotes Legislation history 3 R21 06/12/25 Clinical Waste Act 1990 Effective: 06/12/25 page 29 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 3 Legislation history Clinical Waste Act 1990 A1990-5 notified 9 April 1990 (Gaz 1990 No S14) commenced 9 October 1990 (s 2 (2)) as amended by Acts Revision (Position of Crown) Act 1993 A1993-44 sch 2 notified 27 August 1993 (Gaz 1993 No S165) sch 2 commenced 27 August 1993 (s 2) Public Sector Management (Consequential and Transitional Provisions) Act 1994 A1994-38 sch 1 pt 16 notified 30 June 1994 (Gaz 1994 No S121) s 1, s 2 commenced 30 June 1994 (s 2 (1)) sch 1 pt 16 commenced 1 July 1994 (s 2 (2) and Gaz 1994 No S142) Administrative Appeals (Consequential Amendments) Act 1994 A1994-60 sch 1 notified 11 October 1994 (Gaz 1994 No S197) s 1, s 2 commenced 11 October 1994 (s 2 (1)) sch 1 commenced 14 November 1994 (s 2 (2) and Gaz 1994 No S250) Statutory Offices (Miscellaneous Provisions) Act 1994 A1994-97 sch pt 1 notified 15 December 1994 (Gaz 1994 No S280) s 1, s 2 commenced 15 December 1994 (s 2 (1)) sch pt 1 commenced 15 December 1994 (s 2 (2) and Gaz 1994 No S293) Annual Reports (Government Agencies) (Consequential Provisions) Act 1995 A1995-25 sch notified 5 September 1995 (Gaz 1995 No S212) sch commenced 5 September 1995 (s 2) Public Health (Miscellaneous Provisions) Act 1997 A1997-70 sch 3 notified 9 October 1997 (Gaz 1997 No S300) ss 1-3 commenced 9 October 1997 (s 2 (1)) sch 3 commenced 10 July 2001 (s 2 (2) and Gaz 2001 No S45)

Endnotes 3 Legislation history page 30 Clinical Waste Act 1990 Effective: 06/12/25 R21 06/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Statute Law Revision (Penalties) Act 1998 A1998-54 sch notified 27 November 1998 (Gaz 1998 No S207) s 1, s 2 commenced 27 November 1998 (s 2 (1)) sch commenced 9 December 1998 (s 2 (2) and Gaz 1998 No 49) Legislation (Consequential Amendments) Act 2001 A2001-44 pt 64 notified 26 July 2001 (Gaz 2001 No 30) s 1, s 2 commenced 26 July 2001 (IA s 10B) pt 64 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65) Legislation Amendment Act 2002 A2002-11 pt 2.8 notified LR 27 May 2002 s 1, s 2 commenced 28 May 2002 (LA s 75) pt 2.8 commenced 28 May 2002 (s 2 (1)) Criminal Code 2002 A2002-51 pt 1.5 notified LR 20 December 2002 s 1, s 2 commenced 20 December 2002 (LA s 75 (1)) pt 1.5 commenced 1 January 2003 (s 2 (1)) Criminal Code (Theft, Fraud, Bribery and Related Offences) Amendment Act 2004 A2004-15 sch 1 pt 1.5, sch 2 pt 2.17 notified LR 26 March 2004 s 1, s 2 commenced 26 March 2004 (LA s 75 (1)) sch 1 pt 1.5, sch 2 pt 2.17 commenced 9 April 2004 (s 2 (1)) Criminal Code Harmonisation Act 2005 A2005-54 sch 1 pt 1.13 notified LR 27 October 2005 s 1, s 2 commenced 27 October 2005 (LA s 75 (1)) sch 1 pt 1.13 commenced 24 November 2005 (s 2) Sentencing Legislation Amendment Act 2006 A2006-23 sch 1 pt 1.4 notified LR 18 May 2006 s 1, s 2 commenced 18 May 2006 (LA s 75 (1)) sch 1 pt 1.4 commenced 2 June 2006 (s 2 (1) and see Crimes (Sentence Administration) Act 2005 A2005-59 s 2, Crimes (Sentencing) Act 2005 A2005-58, s 2 and LA s 79) Radiation Protection Act 2006 A2006-33 sch 1 pt 1.1 notified LR 31 August 2006 s 1, s 2 commenced 31 August 2006 (LA s 75 (1)) sch 1 pt 1.1 commenced 1 July 2007 (s 2 (3))

Endnotes Legislation history 3 R21 06/12/25 Clinical Waste Act 1990 Effective: 06/12/25 page 31 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Statute Law Amendment Act 2007 A2007-3 sch 3 pt 3.18 notified LR 22 March 2007 s 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2)) sch 3 pt 3.18 commenced 12 April 2007 (s 2 (1)) Statute Law Amendment Act 2007 (No 3) A2007-39 sch 3 pt 3.6 notified LR 6 December 2007 s 1, s 2 commenced 6 December 2007 (LA s 75 (1)) sch 3 pt 3.6 commenced 27 December 2007 (s 2) Statute Law Amendment Act 2008 A2008-28 sch 3 pt 3.13 notified LR 12 August 2008 s 1, s 2 commenced 12 August 2008 (LA s 75 (1)) sch 3 pt 3.13 commenced 26 August 2008 (s 2) ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 (No 2) A2008-37 sch 1 pt 1.21 notified LR 4 September 2008 s 1, s 2 commenced 4 September 2008 (LA s 75 (1)) sch 1 pt 1.21 commenced 2 February 2009 (s 2 (1) and see ACT Civil and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2) Statute Law Amendment Act 2009 A2009-20 sch 3 pt 3.14 notified LR 1 September 2009 s 1, s 2 commenced 1 September 2009 (LA s 75 (1)) sch 3 pt 3.14 commenced 22 September 2009 (s 2) Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011 A2011-22 sch 1 pt 1.29 notified LR 30 June 2011 s 1, s 2 commenced 30 June 2011 (LA s 75 (1)) sch 1 pt 1.29 commenced 1 July 2011 (s 2 (1)) Red Tape Reduction Legislation Amendment Act 2015 A2015-33 sch 1 pt 1.12 notified LR 30 September 2015 s 1, s 2 commenced 30 September 2015 (LA s 75 (1)) sch 1 pt 1.12 commenced 14 October 2015 (s 2)

Endnotes 3 Legislation history page 32 Clinical Waste Act 1990 Effective: 06/12/25 R21 06/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Waste Management and Resource Recovery Act 2016 A2016-51 s 130 notified LR 24 August 2016 s 1, s 2 commenced 24 August 2016 (LA s 75 (1)) s 130 commenced 1 July 2017 (s 2 (2)) Statute Law Amendment Act 2021 A2021-12 sch 3 pt 3.4 notified LR 9 June 2021 s 1, s 2 commenced 9 June 2021 (LA s 75 (1)) sch 3 pt 3.4 commenced 23 June 2021 (s 2 (1)) Statute Law Amendment Act 2025 A2025-29 sch 4 pt 4.33 notified LR 6 November 2025 s 1, s 2 commenced 6 November 2025 (LA s 75 (1)) sch 4 pt 4.33 commenced 6 December 2025 (s 2 (5))

Endnotes Amendment history 4 R21 06/12/25 Clinical Waste Act 1990 Effective: 06/12/25 page 33 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 4 Amendment history Name of Act s 1 sub A2007-3 amdt 3.74 Dictionary s 2 orig s 2 om A2001-44 amdt 1.739 prev s 2 (prev s 3 (1)) am and renum as s 2 A2001-44 amdt 1.740 defs reloc to dict A2007-3 amdt 3.76 om A2007-3 amdt 3.77 def Appeals Tribunal om A1994-60 sch 1 def determined fee om A2001-44 amdt 1.742 pres s 2 ins A2007-3 amdt 3.77 Notes s 2A ins A2005-54 amdt 1.77 Offences against Act—application of Criminal Code etc s 2B ins A2005-54 amdt 1.77 Declarations of clinical waste and prescribed activity s 3 sub A2001-44 amdt 1.745 am A2025-29 amdt 4.33 References to offences against this Act s 4 rep A1993-44 sch 2 ins A2001-44 amdt 1.745 om A2002-11 amdt 2.16 Crown not liable to prosecution s 5 rep A1993-44 sch 2 Radioactive material s 6 sub A2006-33 amdt 1.1 Clinical Waste Controller s 7 sub A1994-97 sch pt 1; A2007-3 amdt 3.78 (2)-(4) exp 12 April 2008 (s 7 (4) (LA s 88 declaration applies)) am A2011-22 amdt 1.95 Delegation by controller s 8 sub A2007-3 amdt 3.79 Inspectors s 9 sub A1994-97 sch pt 1; A2007-3 amdt 3.80 (3)-(5) exp 12 April 2008 (s 9 (5) (LA s 88 declaration applies)) am A2011-22 amdt 1.95

Endnotes 4 Amendment history page 34 Clinical Waste Act 1990 Effective: 06/12/25 R21 06/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Identity cards s 10 sub A1994-97 sch pt 1 am A1998-54 sch; R3 LA sub A2005-54 amdt 1.78 (6)-(8) exp 24 November 2005 (s 10 (8)) am A2011-22 amdt 1.95 Declaration of disposal sites s 11 sub A2001-44 amdt 1.746 am A2025-29 amdt 4.33 Fees s 12 om A2001-44 amdt 1.746 Annual report s 13 am A1994-38 sch 1 pt 16 om A1995-25 sch Preparation of manual s 14 am A2001-44 amdts 1.747-1.749; A2021-12 amdt 3.7; A2025-29 amdt 4.33 Notification and commencement of manual and amendments s 15 sub A2001-44 amdt 1.750 am A2009-20 amdt 3.33; A2015-33 amdt 1.29; A2025-29 amdt 4.33 Publication s 16 om A2001-44 amdt 1.750 Manual to be disallowable s 17 om A2001-44 amdt 1.750 Application for clinical waste transport licence s 19 sub A2001-44 amdt 1.751 am A2021-12 amdt 3.8; A2025-29 amdt 4.33 Grant or refusal s 20 am A1994-60 sch 1; A2007-39 amdt 3.13 Variation s 22 am A2008-28 amdt 3.43, amdt 3.44; ss renum R14 LA Suspension or cancellation s 23 sub A2008-28 amdt 3.45 Emergency suspension s 25 am A1994-60 sch 1 sub A2008-28 amdt 3.46 Return of licence s 26 am A1998-54 sch sub A2005-54 amdt 1.79

Endnotes Amendment history 4 R21 06/12/25 Clinical Waste Act 1990 Effective: 06/12/25 page 35 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Notification and review of decisions pt 4A hdg ins A2008-37 amdt 1.76 Meaning of reviewable decision—pt 4A s 27 am A1994-60 sch 1; A2008-28 amdt 3.47 sub A2008-37 amdt 1.76 Reviewable decision notices s 27A ins A2008-37 amdt 1.76 am A2025-29 amdt 4.33 Application for review s 27B ins A2008-37 amdt 1.76 am A2025-29 amdt 4.33 Offences pt 5 hdg note ins A2016-51 s 130 Handling—general s 28 am A1998-54 sch sub A2005-54 amdt 1.80 Handling—regulated premises s 29 am A1998-54 sch sub A2005-54 amdt 1.80 Unlicensed transport s 30 am A1998-54 sch sub A2005-54 amdt 1.80 Meaning of connected—pt 6 s 31 hdg sub A2007-3 amdt 3.81 Powers of inspectors s 34 am A2005-54 amdt 1.81, amdt 1.82 Disposal of seized things s 36 sub A2006-23 amdt 1.37 Search warrants s 37 am A2001-44 amdt 1.752, amdt 1.753; A2008-28 amdt 3.48 Obstructing inspectors s 38 am A1998-54 sch; A2004-15 amdt 2.43 om A2005-54 amdt 1.83 Acts and omissions of representatives s 39 sub A2004-15 amdt 1.5 Determination of fees s 40 am A1998-54 sch sub A2001-44 amdt 1.754 am A2025-29 amdt 4.33

Endnotes 4 Amendment history page 36 Clinical Waste Act 1990 Effective: 06/12/25 R21 06/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Approved forms s 41 ins A2001-44 amdt 1.754 am A2007-3 amdt 3.82 om A2021-12 amdt 3.9 Regulation-making power s 42 ins A2001-44 amdt 1.754 am A2025-29 amdt 4.33 Reviewable decisions sch 1 ins A2008-37 amdt 1.77 Dictionary dict ins A2007-3 amdt 3.83; A2009-20 amdt 3.34 am A2008-37 amdt 1.78, amdt 1.79; A2015-33 amdt 1.30 def clinical waste am A1997-70 sch 3; A2001-44 amdt 1.741 reloc from s 2 A2007-3 amdt 3.76 sub A2008-28 amdt 3.49 def connected ins A2007-3 amdt 3.83 def controller sub A1994-97 sch reloc from s 2 A2007-3 amdt 3.76 def inspector ins A1994-97 sch reloc from s 2 A2007-3 amdt 3.76 def licence reloc from s 2 A2007-3 amdt 3.76 def manual sub A2001-44 amdt 1.743; A2007-3 amdt 3.75 reloc from s 2 A2007-3 amdt 3.76 def occupier reloc from s 2 A2007-3 amdt 3.76 def offence against this Act ins A2002-11 amdt 2.15 am A2002-51 amdt 1.7 reloc from s 2 A2007-3 amdt 3.76 def premises reloc from s 2 A2007-3 amdt 3.76 def prescribed activity am A2001-44 amdt 1.744 reloc from s 2 A2007-3 amdt 3.76 def regulated premises reloc from s 2 A2007-3 amdt 3.76 def reviewable decision ins A2008-37 amdt 1.80 def waste disposal site reloc from s 2 A2007-3 amdt 3.76

Endnotes Earlier republications 5 R21 06/12/25 Clinical Waste Act 1990 Effective: 06/12/25 page 37 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 5 Earlier republications Some earlier republications were not numbered. The number in column 1 refers to the publication order. Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk () in column 1. Electronic and printed versions of an authorised republication are identical. Republication No Amendments to Republication date 1 A1994-97 30 June 1995 2 A1998-54 31 January 1999 3 A2001-44 9 November 2001 4 A2002-11 29 May 2002 5 A2002-51 1 January 2003 6 A2004-15 9 April 2004 7 A2005-54 24 November 2005 8 A2005-54 25 November 2005 9 A2006-23 2 June 2006 10 A2007-3 12 April 2007 11 A2007-3 1 July 2007 12 A2007-39 27 December 2007 13 A2007-39 13 April 2008 14 A2008-28 26 August 2008 15 A2008-37 2 February 2009 16 A2009-20 22 September 2009 17 A2011-22 1 July 2011 18 A2015-33 14 October 2015 19 A2016-51 1 July 2017 20 A2021-12 23 June 2021

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au © Australian Capital Territory 2025

Clinical waste, clinical waste manual, licences, inspectors, regulated premises, prescribed activity, disposal sites, offences and enforcement are the statutory building blocks.

Clinical waste. The dictionary provides a detailed substance-based definition that lists particular items and circumstances that make waste clinical waste, subject to an explicit caveat that the definition excludes waste the treatment of which is completed in accordance with the manual (dictionary defn clinical waste, paragraphs (a)-(k)). The definition covers sharps and instruments used in blood/tissue testing, sanitary waste from persons with notifiable transmissible conditions, tissue, body fluids, cytotoxic substances, material contaminated by such waste, preparatory waste from cremation or burial and any waste Ministerially declared under s 3. This structure binds substantive scope to both enumerated categories and ministerial declaration.
Prescribed activity. The dictionary lists particular health, diagnostic, veterinary and certain personal-service activities (eg tattooing, acupuncture) as prescribed activities (dictionary). The Minister may add activities by declaration (s 3(2)), which changes the universe of waste captured as clinical waste via the “waste derived from a prescribed activity” limb in the clinical-waste definition.
Clinical waste manual. The manual is the operational instrument that may set storage, treatment, transportation, container and labelling requirements, and must list disposal sites (s 14(2)). It is a disallowable instrument and subject to public notice and a 15-day default commencement delay unless the instrument itself sets a later date (s 15(1)-(3)). The controller must keep a copy available for public inspection (s 18).
Licences. A person must hold a licence to conduct a business of transporting clinical waste (s 19). The controller must grant or refuse, having regard to facilities, contracts, intended volume and type of waste, safety arrangements, insurance by an authorised insurer and supervision of staff, among other matters (s 20(2)). Licences run for 12 months (s 21), and the controller may vary licence conditions if necessary for health or safety, subject to notice and response procedures (ss 22-24). The controller can suspend or cancel licences where the licensee is guilty of an offence, contravenes a condition or contravenes the manual; emergency suspension is available where imminent risk to life or health exists and lasts up to 6 months (ss 23-25). Return of a varied, suspended or cancelled licence is mandatory with a penalty (s 26).
Inspectors and powers. Inspectors are appointed public servants (s 9). They may enter regulated premises at reasonable times without warrant, or other premises at any time with consent (s 32). Consent must be informed and documented (s 33). Once entitled to remain, inspectors may inspect, test, take measurements, take photographs, seize things connected with offences, inspect documents, copy and require answers and assistance; failure to comply with documentary or assistance requirements attracts a penalty (s 34).
Offences and liability. Section 28 creates a negligence offence for handling clinical waste causing potential injury or disease, with a maximum penalty of 100 penalty units and up to 1 year imprisonment. Sections 29 and 30 create strict liability offences for failing to handle clinical waste according to the manual when derived from regulated premises, and for conducting a clinical-waste transport business without a licence, both carrying up to 50 penalty units and up to 6 months imprisonment (ss 29-30). The Criminal Code applies to offences under the Act (s 2B). The Act contains corporate liability mechanics for acts of representatives and a defence where the entity proves reasonable precautions and appropriate diligence were taken (s 39).
Interaction with other statutory regimes. The Act expressly disapplies to radioactive material as defined by the Radiation Protection Act 2006 (s 6). A prefatory note that precedes s 28 indicates the Waste Management and Resource Recovery Act 2016 imposes additional requirements and offences in relation to people who store, transport or dispose of clinical waste. The manual is a disallowable instrument and regulations may be made under s 42, including offences of up to 10 penalty units for contraventions of regulations or manual requirements (s 42(2)).

These concepts produce a regime where statutory definitions and ministerial instruments shape the universe of regulated waste and operational standards, licensing imposes business-entry conditions and ongoing compliance obligations, and executive officers exercise inspection and enforcement powers backed by criminal penalties and administrative review rights.

The Act affects five principal groups, identified by statute and by the mechanics of the regime.

Persons and businesses that generate clinical waste. The dictionary and the prescribed-activity list capture clinical generators in health care, diagnostic services, veterinary services, funeral parlours, mortuaries and other activities listed at the definition of prescribed activity. Regulated premises are specifically defined to include hospitals, accommodation facilities for nursing care, funeral parlours and mortuaries and “any other premises at which a prescribed activity is conducted” (dictionary). Generators on regulated premises are subject to the manual and to strict liability where they do not comply with manual requirements (s 29).
Transport operators and logistics businesses. A person who carries on a business of transporting clinical waste must hold a licence (s 19). The licensing decision considers facilities, contracts, volume and type of waste, handling arrangements, insurance and supervision (s 20(2)(a)-(g)). Operating without a licence is a strict liability offence (s 30).
Disposal site operators or owners. The Minister declares disposal sites under s 11, and the manual contains a list of waste disposal sites (s 14(2)(b)). Operators of disposal sites listed in the manual will be affected because the manual sets treatment, storage and labelling standards and because the Minister’s declaration controls which places can lawfully receive particular kinds of clinical waste.
Inspectors, the Clinical Waste Controller and administrative actors. The director-general appoints the Clinical Waste Controller, who may delegate functions (ss 7-8). Inspectors (s 9) and delegates exercise entry, sampling, seizure and document-compulsion powers (ss 32-34). These administrative roles decide licensing outcomes, manual content (Minister and controller interplay), and enforcement actions.
The public and occupiers of premises. Occupiers of premises are defined broadly to include persons in charge of premises and are the immediate subjects of inspection powers. The public bears indirect costs where regulatory compliance alters prices for services involving clinical waste and where authorised disposal sites and transporters create localised effects.

Who pays. The immediate compliance cost falls on generators, transporters, disposal-site operators and regulated premises. The Act explicitly contemplates a fees regime determined by the Minister (s 40). Insurance is required in licensing considerations (s 20(2)(e)), shifting cost to licensees. Penalties payable for breaches are expressed in penalty units; the republication notes the value of a penalty unit at the republication date ($160 for individuals and $810 for corporations), which converts statutory maxima into monetary exposure.

Who decides. Key decisions are Ministerial (declarations under s 3 and s 11, the manual under s 14) and administrative (the controller’s licensing and enforcement decisions under ss 19-26). Inspectors exercise operational decisions about entry, sampling and seizure under Part 6 (ss 32-36). The ACAT is available for review of particular decisions listed in schedule 1 and Pt 4A (ss 27-27B and schedule 1).

Who can challenge. Entities affected by reviewable decisions may seek ACAT review (s 27B). Section 27A requires a reviewable decision notice to be given to specified entities and reasonable steps be taken to notify others whose interests are affected.

The Act sets out specific duties and confers certain statutory rights. It mixes criminal law duties, administrative duty-to-provide-information obligations and procedural rights for affected parties.

Duties

Duty to comply with the manual. Regulated premises must store, transport and dispose of clinical waste in accordance with the manual. Failure is a strict liability offence carrying up to 50 penalty units and up to 6 months imprisonment (s 29(1)-(2)). The manual may specify containers, labelling, storage or transport methods (s 14(2)(a)).
Duty to hold a licence to transport clinical waste. Conducting a business of transporting clinical waste without a licence is a strict liability offence (s 30(1)-(2)). Licence applicants must provide applications to the controller (s 19) and, if granted, hold licences that run for 12 months (s 21).
Duties in relation to inspections. Persons on premises must make documents available, answer questions and give reasonable assistance when required by an inspector under s 34(1)(h)-(j). Failure to take all reasonable steps to comply attracts a maximum penalty of 50 penalty units (s 34(2)).
Duty to return identity cards or licences. Authorised persons who cease to be authorised must return identity cards within 7 days (s 10(3), maximum penalty 1 penalty unit). Licensees must return varied, suspended or cancelled licences within 7 days or face a penalty of 5 penalty units (s 26).

Rights and procedural protections

Right to notice and to respond prior to variation, suspension or cancellation. Before the controller varies, suspends or cancels a licence under ss 22-23, the controller must give written notice stating the ground and facts, and inform the licensee they may give a written response within 28 days (s 24(1)-(2)). The controller must take any response into account (s 24(2)).
Emergency suspension power with limited duration. The controller can suspend a licence without the standard notice where immediate action is necessary to prevent an imminent risk of death, serious illness or injury. Such emergency suspension lasts for up to 6 months (s 25).
Consent and evidence protections for entry. Where an inspector seeks entry to premises that require consent, the inspector must inform the occupier that they may refuse consent (s 33(1)). If consent is given, the inspector must ask for a written acknowledgement that the occupier was informed and consented, recording date and time (s 33(2)). Failure to produce the signed acknowledgement in proceedings gives rise to a presumption the occupier did not consent unless the contrary is established (s 33(3)).
Rights in relation to seized things. The controller must take reasonable steps to return seized things if no prosecution is started within 90 days or if the charged person is not convicted (s 36(1)). If conviction occurs, a court may order return or forfeiture (s 36(2)).
Review rights. Schedule 1 lists reviewable decisions and Pt 4A requires a reviewable decision notice to the specified entities, and permits application to the ACAT for review by affected persons (ss 27-27B and schedule 1).

Other statutory mechanics

The Criminal Code applies to offences under this Act so general principles of criminal responsibility (including defences) apply (s 2B). The Act also contains a corporate-responsibility mechanism allowing proof of a representative’s state of mind to be evidence of the person’s state of mind, and a statutory defence where reasonable precautions and diligence were taken (s 39).
Regulatory instruments. The Minister may determine fees (s 40) and the Executive may make regulations governing this Act, including prescribing offences with maximum penalties up to 10 penalty units for contraventions of regulations or manual requirements (s 42(2)).

These duties and rights create a compliance architecture that combines criminal sanctions for negligent or unlicensed activity, administrative obligations to co-operate with inspectors, and procedural protections for licensees and occupiers subject to enforcement action.

The Act combines criminal penalties, strict liability offences, administrative powers and procedural safeguards.

Penalties

Maximum statutory penalties. Section 28 sets a negligence offence with a maximum penalty of 100 penalty units and imprisonment for up to 1 year. Sections 29 and 30 impose strict liability offences carrying up to 50 penalty units and up to 6 months imprisonment. Failure to return an identity card is a strict liability offence with a maximum of 1 penalty unit (s 10(3)), and failure to return a licence after variation, suspension or cancellation attracts a maximum of 5 penalty units (s 26(1)). Regulations may prescribe offences with maximum penalties of up to 10 penalty units (s 42(2)).
Monetary value of penalty units. The republication note states the value of a penalty unit at the republication date as $160 for an individual and $810 for a corporation (see the prefatory material referencing Legislation Act 2001, s 133). Converting penalty units to monetary amounts is thus material to exposure assessment.

Enforcement powers

Entry and inspection. Inspectors may enter regulated premises without a warrant at any reasonable time if they reasonably believe premises are used in connection with clinical waste (s 32(1)(a)). Inspectors may enter any premises at any time with the occupier’s consent (s 32(1)(b)). Consent must be informed and documented; lack of a written consent acknowledgement will be presumed to be no consent unless proven otherwise (s 33).
Inspection and seizure. Where an inspector is entitled to remain, they may inspect, test, take measurements, photograph, seize things believed to be connected with an offence, inspect and copy documents, and require documents, answers and assistance from persons on the premises (s 34(1)(a)-(j)). Failure to comply with document/assistance/answer requirements attracts a penalty of up to 50 penalty units (s 34(2)). The Act recognises privilege protections under the Legislation Act (note to s 34).
Sampling. Inspectors who take samples must ensure samples allow for duplicate analysis, must divide samples into two parts, store and seal them separately, label them and give a receipt and one container to the occupier (s 35). This prescribes chain-of-custody steps designed to preserve evidence integrity.
Seizure disposition and search warrants. The controller must take reasonable steps to return seized things if no prosecution starts within 90 days or if the accused is not convicted (s 36(1)). If conviction occurs, the court may order return or forfeiture (s 36(2)). Magistrates may issue search warrants where there are reasonable grounds that connected things are on premises, with warrants stating purpose, nature of offence, hours authorised and ceasing to have effect within one month (s 37(1)-(3)).

Prosecutorial overlay

Criminal Code application. Section 2B applies the Criminal Code to offences under this Act, so general criminal principles, burdens and defences in the Code are relevant. The Act’s offences therefore sit within the Territory criminal framework, and prosecutions proceed accordingly.

Administrative enforcement

Licence variation, suspension and cancellation. The controller has administrative tools to vary licences on health and safety grounds (s 22), and to suspend or cancel licences where the licensee is guilty of an offence, contravenes licence conditions or contravenes manual requirements (s 23). The controller must give a notice setting out grounds and facts and allow 28 days for response before varying or suspending except where emergency suspension under s 25 is used to prevent imminent risk of death or serious illness; emergency suspension may be immediate and last up to 6 months.
Review of decisions. Decisions listed in schedule 1 are reviewable and must be notified to specified entities (s 27A), and ACAT review is available to applicants and affected persons (s 27B and schedule 1). This provides an administrative remedy against licensing decisions and some types of disciplinary action.

Taken together, the Act provides a mix of preventive administrative controls (manual, licences), reactive criminal penalties for negligent or unauthorised activity, and robust inspection and evidence-preservation powers to enable enforcement.

The Act is not an isolated regime. The text and endnotes identify a number of statutory touchpoints and cross-references that affect scope, enforcement and interaction with other regulatory systems.

Criminal Code. Section 2B explicitly brings Criminal Code principles to bear on offences under this Act. The Code’s chapters govern general principles of criminal responsibility such as intention, recklessness, strict liability and defences. This means prosecutorial, evidential and sentencing frameworks in the Criminal Code will apply to prosecutions under the Clinical Waste Act.
Radiation Protection Act 2006. Section 6 excludes radioactive material within the meaning of the Radiation Protection Act 2006 from this Act’s application. Generators or transporters dealing with radioactive material must therefore look to the Radiation Protection Act for applicable requirements.
Waste Management and Resource Recovery Act 2016. A note preceding s 28 states that the Waste Management and Resource Recovery Act 2016 imposes requirements and creates offences in relation to persons who store, transport or dispose of clinical waste. The legislation history notes s 130 of that Act as an amendment affecting the Clinical Waste Act in 2016. Practically, entities must comply with both regimes where they overlap and should map obligations between the two Acts to avoid conflicting compliance.
Legislation Act 2001 and regulatory framework. The Act expressly uses constructs and definitions from the Legislation Act (for example, disallowable instruments and definitions such as Minister and public servant), making administrative law and disallowance procedures relevant to the manual and to ministerial determinations such as declarations under s 3 and s 11. The manual is a disallowable instrument and must be notified on the legislation register, subject to disallowance by the Legislative Assembly (s 15(1)-(2)).
Insurance and Commonwealth law. The licensing criteria require that applicants be insured by an authorised insurer as defined by reference to the Insurance Act 1973 (Cwlth), part 3, or by a determination under that Act (s 20(2)(e)). This imports Commonwealth network and prudential considerations into licensing decisions, since an authorised insurer means an insurer carrying on business under Commonwealth authorisation or determination.
Administrative review and tribunal law. The Act provides for review to ACAT of reviewable decisions (ss 27-27B and schedule 1). The ACAT Act and associated procedural rules therefore govern appeal and review rights.
Criminal responsibility of corporations and representatives. Section 39 implements a mechanism for attributing a representative’s state of mind to a person for prosecutions, with a statutory defence where reasonable precautions and diligence were taken. The note refers to Criminal Code pt 2.5 for corporate criminal responsibility, so corporate prosecutions will be informed by both the Clinical Waste Act’s provision and Criminal Code doctrines.
Regulations and penalties. Section 42 empowers the Executive to make regulations for the Act, and s 42(2) permits regulations to prescribe offences subject to a maximum penalty of 10 penalty units. The regulations and the manual together may expand compliance obligations and introduce lower-level offences.

In practice, compliance will usually require mapping duties across this Act, the Waste Management and Resource Recovery Act 2016, Radiation Protection Act 2006 (where relevant), the Insurance Act for insurer status, the Legislation Act for instrument procedures and ACAT rules for review. The Act itself embeds these cross-references, so regulated entities must integrate a multi-act compliance approach.

The legislation history and amendment history in the endnotes record multiple amendments since the Act’s original 1990 enactment. Key chronological points and structural changes shown in the endnotes are:

Original enactment and early changes. The Clinical Waste Act 1990 was notified 9 April 1990 and commenced 9 October 1990. Subsequent 1990s amendments reworked appointments and administrative arrangements, for example by the Statutory Offices (Miscellaneous Provisions) Act 1994 and Public Sector Management amendments referenced in the endnotes.
Definition and administrative relocations. The dictionary entries and numerous definitions were moved and amended over time (amendments noted in the amendment history entries A2007-3, A2008-28 and others). The definition of clinical waste was inserted by the Public Health (Miscellaneous Provisions) Act 1997 (A1997-70 sch 3) and later relocated to the dictionary (amendment notations in the endnotes).
Application of the Criminal Code. In 2005, the Act was amended to apply the Criminal Code to offences under the Act (A2005-54, see s 2B insertion), thereby aligning criminal responsibility principles with Territory criminal law reforms.
Modernisation and administrative review. 2001 amendments (A2001-44) and later instruments recast the manual as a disallowable instrument, adjusted publication and notification requirements and introduced new administrative features. The 2008 amendments (A2008-37 and A2008-28) introduced Pt 4A (Notification and review of decisions) and schedule 1 containing reviewable decisions; these changes added formal reviewability and notice rules.
Waste Act interaction. In 2016, the Waste Management and Resource Recovery Act 2016 (A2016-51) affected this Act (s 130) and the endnotes record commencement of the cross-referential provisions 1 July 2017. A prefatory note before s 28 advises that the Waste Act imposes requirements and offences relating to clinical waste.
Recent amendments. The Act was amended in 2021 (A2021-12) and again in 2025 (A2025-29). The 2025 amendment is recorded as A2025-29 sch 4 pt 4.33 and multiple sections show amdt 4.33 in the amendment history for s 3, s 11, s 14, s 15, s 19, ss 27A-27B and s 40, and that sch 4 pt 4.33 commenced 6 December 2025. The endnotes show wide-ranging updates in 2025 affecting declarations, the manual, notification and licence application provisions.
Editorial republication. The text is a republication in force on 6 December 2025 (Republication No 21), and the republished form includes editorial changes under the Legislation Act part 11.3 which do not change substantive effect but may alter drafting and numbering.

The endnotes provide the authoritative sequence of amendments and amending Acts, which practitioners should consult for the precise amendments that altered particular sections. The amendment history shows iterative modernisation, transfer of detailed operational controls into instruments (the manual), insertion of administrative review and alignment with the Waste Management Act and Criminal Code frameworks.

The Act text and endnotes do not list or cite any judicial decisions or reported litigation that interpret the Clinical Waste Act 1990. The statute itself, however, prescribes the procedural pathways and forums through which disputes and legal challenges would typically proceed.

Administrative review. Decisions listed in schedule 1 are reviewable decisions and Pt 4A provides an administrative review route to ACAT for affected entities and persons (ss 27-27B and schedule 1). Litigation or appeals about licensing decisions, suspensions, cancellations or conditioned grants would normally start with an ACAT application under s 27B.
Criminal prosecutions. For enforcement of the Act’s criminal offences (ss 28-30), prosecutions will follow Territory criminal procedures and be subject to the Criminal Code principles (s 2B). Courts may determine matters of guilt, sentencing and, where relevant, whether seized things should be forfeited or returned (s 36(2)). The Act’s corporate liability and representative attribution provisions (s 39) will frame evidentiary and culpability arguments in prosecutions against corporate entities.
Search warrants and evidence. The Act prescribes search-warrant procedures and limitations on warrants (s 37). Judicial oversight over warrants is routed through magistrates who must be satisfied there are reasonable grounds for issuing warrants (s 37(2)). Challenges to warrants and seizures would therefore proceed through normal judicial review and exclusionary-evidence doctrines within applicable criminal procedure rules.
No named cases in the statute. Because the republished Act does not cite cases, and because the endnotes do not list cases, there are no statutory references to reported decisions construing the Clinical Waste Act included in the document. Practitioners seeking precedent must therefore search Territory criminal and administrative databases, ACAT decisions and relevant Magistrates’ Court and Supreme Court decisions applying the Act or its overlapping regimes, such as the Waste Management and Resource Recovery Act 2016.
Evidentiary mechanisms. The Act prescribes sample handling and chain-of-custody steps (s 35), return-of-seized-property time frames (s 36(1)) and the court’s powers on conviction (s 36(2)). These procedural rules could be the subject of litigation over admissibility of evidence, sample integrity, and proportionality or reasonableness of inspector actions.

In short, while the Act establishes the forums and procedures for disputes and enforcement, the republished statute contains no litigation history. Parties should rely on ACAT, Magistrates’ Court and higher-court jurisprudence under Territory law and the Criminal Code for interpretive guidance, and note also that overlapping obligations under the Waste Management and Resource Recovery Act 2016 and the Radiation Protection Act 2006 may generate litigation in related statutory contexts.

The Act contains several technical features and traps for the unwary that affect compliance strategy, exposure and operational practice.

Broad and partly ministerial scope. The statutory definition of clinical waste is broad and hybrid. It lists many categories and also captures waste the Minister declares to be clinical waste (dictionary, s 3). Likewise, prescribed activities are listed but may be expanded by ministerial declaration (dictionary, s 3). This means the regulated perimeter can change administratively without primary-legislation amendment, via disallowable instruments. For operators, this creates a regulatory uncertainty window that needs monitoring.
Manual as the operational rulebook. The manual may set binding requirements for storage, treatment, transport, container specification and labelling (s 14(2)(a)). It is a disallowable instrument and may be amended administratively, with public notification and commencement timing rules (s 15). Because the manual determines compliance standards for regulated premises (s 29) and influences licensing considerations indirectly, regulated entities must treat the manual as a primary compliance document and monitor it for changes.
Strict liability offences. Sections 29 and 30 are strict liability offences (s 29(2), s 30(2)), meaning proof of the physical element of the offence suffices without proof of fault. This raises conviction risk even where mistakes were not intentional. Corporations must be aware that s 39 modifies evidentiary approaches to corporate state of mind but provides only a statutory defence where reasonable precautions and diligence can be proved.
Negligence standard in s 28. Section 28 uses negligence as the standard for a higher-penalty offence (100 penalty units and up to 1 year imprisonment). Proof will require establishing the defendant’s negligence about whether the manner of handling would cause injury or disease. This remains a criminal-level negligence standard with higher exposure.
Emergency suspension with short process. The controller may suspend licences immediately under s 25 to prevent imminent risk of death, serious illness or injury. Emergency suspension can last up to 6 months without the standard notice-and-response timetable under s 24. This concentrates immediate administrative risk where a single incident may lead to operational stoppage.
Inspectors’ entry powers and consent evidentiary pitfalls. Inspectors may enter regulated premises without warrant at reasonable times (s 32(1)(a)). For other premises, entry with consent is permitted at any time, but the occupier must be informed that they can refuse consent (s 33(1)). If the occupier signs no written acknowledgement or the inspector fails to secure that acknowledgement, courts will presume lack of consent unless disproven (s 33(3)). Businesses should have clear procedures on how consent to inspection is handled to avoid contested evidence later.
Sampling chain-of-custody specifics. Section 35 prescribes specific steps for sampling including division into two sealed containers, labelling, inspector signature and giving one container to the occupier. Non-compliance with these steps could lead to evidentiary challenges and affect prosecutions or administrative decisions.
Return or forfeiture timetable for seized things. Seized items will be returned only if no prosecution begins within 90 days or if the charged person is not convicted (s 36(1)). If convicted, the court may order forfeiture (s 36(2)). Entities facing seizure should act quickly to challenge seizure or to seek information on prosecution timetables.
Interaction with overlapping regimes. The Waste Management and Resource Recovery Act 2016 imposes separate duties and offences. Failure to align compliance with both Acts can expose businesses to multiple enforcement actions. The Act excludes radioactive material which carries separate obligations under the Radiation Protection Act 2006 (s 6), so mixed-waste handlers must map which statutory regime applies to each category of waste.
Insurance requirement as a licensing gate. Section 20(2)(e) requires applicants to be insured by an “authorised insurer” as defined by reference to the Insurance Act 1973 (Cwlth). Satisfying the licensing test may therefore require insurers with Commonwealth authorisation. Transporters must ensure insurance arrangements meet the licensing test.
Ministerial control over disposal-site authorisation. The Minister declares disposal sites (s 11), and the manual must list disposal sites (s 14(2)(b)). If only a limited number of disposal sites are declared, transport costs, turnaround times and commercial access may be affected, though the statute does not specify allocation criteria. The mechanism centralises control of lawful disposal locations.

These features create operational, evidential and administrative exposures. Practitioners should treat the manual and ministerial declarations as dynamic regulatory instruments, audit strict-liability vulnerabilities, and have protocols for inspections, sampling and swift ACAT responses.

Compliance under the Clinical Waste Act requires an integrated approach covering legal, operational, insurance, recordkeeping and engagement tasks. The following are concrete, source-grounded steps tied to specific provisions.

Identify whether your waste and activities fall within the Act. Review the dictionary definition of clinical waste and prescribed activities (dictionary). Note that waste treated in accordance with the manual may be excluded from the definition, so determine whether your existing treatment practices are consistent with current manual standards.
Monitor Ministerial declarations and the manual. Because the Minister can declare waste or activities by disallowable instrument (s 3) and the manual sets operational requirements and lists disposal sites (ss 14-15), subscribe to the legislation register and relevant ACT government notices to capture new or amended instruments. Ensure your internal compliance owners review the manual whenever it is updated, noting that a manual or amendment commences 15 days after notification unless a later date is provided (s 15(3)).
If transporting clinical waste, obtain and maintain a licence. Apply to the controller under s 19, providing details of facilities, contracts, volumes, types of waste, safety arrangements, insurance and supervision, as these are the statutory criteria the controller must consider (s 20(2)(a)-(g)). Plan licence renewals annually, since licences are 12-month instruments (s 21). Keep your licence available and ensure it is returned promptly if varied, suspended or cancelled (s 26).
Match insurance to the licensing requirement. Ensure policies are with an authorised insurer as defined in s 20(2)(e) (i.e. an insurer authorised under the Insurance Act 1973 (Cwlth) or covered by a relevant determination). Keep policy documents and evidence of cover accessible for licensing and inspection purposes.
Implement manual-compliant operational procedures for regulated premises. For premises classified as regulated (dictionary), implement storage, transport and disposal practices strictly in accordance with the manual to avoid strict-liability offences under s 29. This includes container types, labelling and handling practices where specified by the manual (s 14(2)(a)).
Prepare for inspections. Train staff on inspectors’ powers and consent procedures. For regulated premises, inspectors may enter at reasonable times without warrant (s 32(1)(a)). For other premises, if inspectors request consent, ensure any consent is recorded on the prescribed form or in writing and includes the required acknowledgement (s 33(2)). Keep a designated contactperson to produce identity cards and to coordinate inspector activity.
Maintain document and assistance protocols. Assign staff who can locate and produce documents requested under s 34(1)(f)-(h) and who can provide assistance or answers without compromising legal privilege. Remember that failure to take all reasonable steps to comply attracts a penalty of up to 50 penalty units (s 34(2)). Manage privileges under the Legislation Act where relevant.
Establish chain-of-custody and sampling readiness. If samples may be taken, ensure records and facilities support the inspector’s s 35 requirements: taking comparable parts, labelling and receipt handling. Keep operational protocols for specimen handling that mirror the sample-preservation steps set out by s 35.
Manage risk and incident response. Because emergency suspension is available to the controller where imminent risk of death, serious illness or injury exists (s 25), have documented incident response plans that include immediate reporting, internal suspension of activities where necessary and rapid engagement with the controller to minimise disruption.
Review licences and decisions promptly. Note review rights in Pt 4A, schedule 1 and s 27B. If a licence is refused, granted subject to conditions, varied, suspended or cancelled, ensure you receive the reviewable decision notice required by s 27A, and be prepared to apply to ACAT within relevant timeframes if review is warranted.
Coordinate obligations with other regimes. Map obligations under the Waste Management and Resource Recovery Act 2016 and the Radiation Protection Act 2006 (s 6) where relevant to ensure no statutory gap. Confirm whether waste categories fall under the Act or the Radiation Protection Act and ensure dual-compliance where necessary.
Ensure corporate governance controls. Because s 39 treats representatives’ acts and omissions as potentially attributable to the entity but provides a defence where reasonable precautions and diligence were taken, document compliance systems, training, audits and policies that evidence reasonable precautions.
Financial provisioning. Account for fees determined by the Minister (s 40), insurance costs, compliance implementation costs and potential penalty exposure by converting penalty units to monetary equivalents using the current penalty-unit value. The republication notes the value at the republication date, which should be checked against current Legislation Act settings.
Engage legal and technical advisers for the manual. The manual may contain technical requirements about treatment and container standards (s 14(2)(a)(i)-(iii)). Legal teams should work with waste-management technical experts to ensure operational practice aligns with the manual’s technical prescriptions.

Following these steps will address the principal statutory compliance points in the Clinical Waste Act 1990: scope identification, licensing, insurance, manual compliance, inspection readiness, sampling protocols, incident-response and administrative-review preparedness. Each step references the statutory source to ensure the compliance programme aligns with the Act’s written obligations.

Clinical Waste Act 1990

Plain English Summary

Deep Dive

What it does

Current sections

Clinical Waste Act 1990

Source text: opening excerpt

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply