55AOrders—general provisions

55A Orders—general provisions

(1) This section and sections 55B and 55C only apply to an Order made by the Governor in Council under section 9B that relates to high consequence dangerous goods.

(2) An Order that specifies a date on which it expires or ceases to have effect, ceases to have effect on that day.

(3) The Minister must ensure that an Order is published as soon as practicable after it is made in—

(a) the Government Gazette; and

(b) a newspaper circulating generally throughout the State.

(4) A power conferred by this Act to make an Order may be exercised—

(a) by declaring dangerous goods to be high consequence dangerous goods by reference to—

(i) the concentration, quantity or the form of the goods; or

(ii) a formulation, mixture or compound of goods; or

(iii) any other state, characteristic or quality of the goods;

(b) either in relation to all cases to which the power extends, or in relation to all those cases subject to specified exceptions, or in relation to any specified case or class of case;

(c) so as to make, as respects the cases in relation to which the power is exercised—

(i) the same provision for all cases in relation to which the power is exercised, or different provisions for different cases or classes of case, or different provisions for the same case or class of case for different purposes; or

(ii) any such provision either unconditionally or subject to any specified condition.

(5) An Order may be made—

(a) so as to apply—

(i) at all times or at a specified time; or

(ii) to all high consequence dangerous goods or to specified high consequence dangerous goods or a specified class of high consequence dangerous goods; or

(iii) as specified in both subparagraphs (i) and (ii);

(b) so as to require a matter affected by the Order to be—

(i) in accordance with a specified standard or specified requirement; or

(ii) approved by or to the satisfaction of a specified person or a specified class of persons; or

(iii) as specified in both subparagraphs (i) and (ii);

(c) so as to apply, adopt or incorporate any matter contained in any document issued or published by any person or body whether—

(i) wholly or partially or as amended by the Order; or

(ii) as issued or published at the time the Order is made or at any time before then;

(d) so as to confer a discretionary authority or impose a duty on a specified person or a specified class of persons;