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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
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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).
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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
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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
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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
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Clinical Waste Act 1990
An Act relating to the treatment, storage, transportation and disposal of clinical
waste
Part 1 Preliminary
Section 1
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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
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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
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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
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(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
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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
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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
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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
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(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
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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
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(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
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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
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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
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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
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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
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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
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(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
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(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
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(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
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(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
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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
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(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
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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
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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;
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(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)).
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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.
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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