Dangerous Goods Act 1998 (Northern Territory)

The Dangerous Goods Act 1998 establishes a statutory framework for identification, classification, regulation and enforcement around the storage, handling and transport (within the Territory except where pre-empted) of substances and things declared or prescribed to be dangerous goods. Mechanically the Act does the following.

Creates the office of a Competent Authority (the CEO of the relevant Agency) with power to declare substances to be dangerous goods and to classify them, including by adopting or incorporating external standards, codes or guides (s 3 definition of Competent Authority; s 6(1)-(2)). Declarations are made by Gazette notice (s 6(1)).
Sets general duties and criminal/regulatory offences attaching to persons “involved in the handling of dangerous goods”, a broad defined phrase that captures owners, occupiers, consignors, consignees, importers, drivers and responsible managers (s 3 definition of “involved in handling dangerous goods”; ss 9-16). The core duty is to ensure, as far as practicable, safe handling (s 9(1)).
Prescribes specific duties across the supply chain: manufacturers, importers and suppliers (s 11); designers and manufacturers of plant, containers, buildings and structures (s 12); erectors and installers (s 13); and persons in charge of plant, premises or vehicles (s 14).
Confers inspection, seizure, sampling and investigative powers on appointed officers, including police and Fire and Rescue members acting in an officer capacity when particular powers are engaged (ss 17-19). Officers can direct people, detain vehicles, take samples, install measuring devices, require identity and seize materials where offences are suspected (s 18).
Establishes administrative compliance tools: prohibition notices (s 22) that can forbid acts or use of marked plant or containers (s 23), improvement notices (s 24), further notices and power to carry out work to remedy non-compliance (ss 25-26), and processes for serving and appealing those notices (ss 27-28).

NORTHERN TERRITORY OF AUSTRALIA DANGEROUS GOODS ACT 1998 As in force at 25 May 2022 Table of provisions Part 1 Preliminary 1 Short title ......................................................................................... 1 2 Commencement .............................................................................. 1 3 Definitions ........................................................................................ 1 4 Application ....................................................................................... 5 5 Act to bind Crown ............................................................................ 6 Part 2 Administration 6 Declaration, &c., by Competent Authority ........................................ 6 7 Delegation ....................................................................................... 6 8 Control of Competent Authority ....................................................... 6 Part 3 General duties and offences in relation to dangerous goods 9 Safe handling of dangerous goods .................................................. 7 10 Person not to cause or contribute to dangerous situation ................ 8 11 Duties of manufacturers, &c., of dangerous goods .......................... 8 12 Duties of manufacturers, &c., of plant.............................................. 9 13 Duties of erectors and installers of plant, &c.................................. 10 14 Duties of persons in charge of plant, &c. ....................................... 10 15 Goods too dangerous to transport ................................................. 10 16 Offences ........................................................................................ 11 Part 4 Officers 17 Appointment of officers .................................................................. 11 18 General powers and functions of officers ...................................... 12 19 Officer may direct person to answer questions .............................. 14 20 Protection of officers and authorised persons................................ 15 21 Power to destroy, &c., certain dangerous goods ........................... 15 Part 5 Prohibition and improvement notices 22 Competent Authority may give prohibition notice........................... 16 23 Competent Authority may place mark on plant or container .......... 17 24 Competent Authority may give improvement notice ...................... 18 25 Competent Authority may give further notice and carry out work ............................................................................................... 19

Dangerous Goods Act 1998 ii 26 Competent Authority may carry out work or cause work to be carried out...................................................................................... 20 27 Giving of notices ............................................................................ 21 28 Appeals against notices ................................................................. 22 Part 6 Miscellaneous Division 1 Legal Proceedings 29 Consent to prosecutions ................................................................ 23 30 Time limits ..................................................................................... 23 31 Averments ..................................................................................... 23 32 Liability of employers, &c. .............................................................. 24 33 Conduct of directors, &c., of bodies corporate ............................... 24 34 Repeated offences and prohibition from handling dangerous goods ............................................................................................. 25 35 Forfeiture, &c., of dangerous goods .............................................. 25 36 Disposal of forfeited goods ............................................................ 26 Division 2 Codes of practice and Regulations 37 Codes of practice........................................................................... 26 38 Use of codes of practice in proceedings ........................................ 27 39 Regulations.................................................................................... 28 Part 7 Repeal, savings and transitional 40 Definition........................................................................................ 30 41 Repeal ........................................................................................... 31 42 Savings and transitional ................................................................ 31 43 Saving of regulations under repealed Act ...................................... 32 ENDNOTES

NORTHERN TERRITORY OF AUSTRALIA

As in force at 25 May 2022

DANGEROUS GOODS ACT 1998 An Act to provide for the safe storage, handling and transport of certain dangerous goods Part 1 Preliminary 1 Short title This Act may be cited as the Dangerous Goods Act 1998. 2 Commencement The provisions of this Act come into operation on the date or dates fixed by the Administrator by notice in the Gazette. 3 Definitions In this Act, unless the contrary intention appears: code of practice means a code of practice under section 37 as in force from time to time. Competent Authority means the Chief Executive Officer, within the meaning of the Public Sector Employment and Management Act 1993, of the Agency allotted the responsibility for the administration of this Act by an Administrative Arrangements Order. container means a thing in or by which dangerous goods are wholly or partly encased, covered, enclosed, contained or packed and includes a component, receptacle, covering or material necessary for the container to perform its containment function. convey, in relation to dangerous goods, includes the transport, transmission and carriage of the dangerous goods by any means and the transport, transmission and carriage of dangerous goods by a pipeline or within premises. dangerous goods means substances or things: (a) declared by the Competent Authority under section 6; or

Part 1 Preliminary Dangerous Goods Act 1998 2 (b) prescribed by the Regulations, to be dangerous goods. dangerous situation means a situation or occurrence involving dangerous goods that: (a) is causing or is likely to cause imminent risk of the death of or injury to a person or damage to property; or (b) has resulted in the death of or injury to a person or damage to property, and includes an explosion, fire or loss of containment of dangerous goods and a likely explosion, fire or loss of containment of dangerous goods. further notice means a notice given under section 25. handling, in relation to dangerous goods, includes preparing, packaging, manufacturing, storing, using, loading, unloading, supplying, selling, purchasing, receiving, processing, treating, labelling, marking, dispensing, transferring, rendering harmless, placarding, destroying, disposing of, conveying and transporting of the dangerous goods. hazard means any thing or situation capable of injuring a person, compromising the health or safety of a person or damaging property and includes a dangerous situation. improvement notice means a notice given under section 24. involved in handling dangerous goods includes: (a) to arrange for the handling of dangerous goods; (b) to import or export, or arrange the import or export of, dangerous goods into the Territory; (c) to consign, or receive or be the consignee of, dangerous goods; (d) to undertake or be responsible for handling dangerous goods; (e) to drive or operate a vehicle conveying dangerous goods; (f) to be involved as a director, secretary or manager of a body corporate, or other person who takes part in the management of a body corporate, that takes part in the handling of dangerous goods; and

Part 1 Preliminary Dangerous Goods Act 1998 3 (g) to be an occupier of premises where dangerous goods are handled. licence means a licence granted under the Regulations and includes a provisional licence, permit, notice of approval, certificate, provisional certificate and a renewal of a licence, permit, notice of approval or certificate. licensee means a person granted a licence. manufacture includes to make, remake, alter, break up and recondition. member of the Fire and Rescue Service means a member of the Northern Territory Fire and Rescue Service, other than a volunteer member or an auxiliary member, within the meaning of the Fire and Emergency Act 1996. officer means a person appointed under section 17(1) and includes: (a) the Competent Authority; and (b) a person referred to in section 17(3). person in charge of the dangerous goods means, in relation to dangerous goods or goods an officer reasonably believes to be dangerous goods: (a) the occupier of the place, premises or vehicle where, or on or in which, the goods are being or have been handled; (b) the person who owns the goods; (c) the employer (or manager) in relation to the place, premises or vehicle where, or on or in which, the goods are being or have been handled; or (d) a person licensed in relation to the goods. plant includes: (a) machinery, pressure vessels, equipment, appliances, implements, scaffolding and tools; and (b) any component of or thing fitted, connected or appurtenant, to plant.

Part 1 Preliminary Dangerous Goods Act 1998 4 practicable, in relation to a hazard, risk or dangerous situation, means practicable having regard to: (a) the severity of the hazard, risk or danger; (b) the state of knowledge about the hazard, risk or dangerous situation and the ways of averting, eliminating or minimising the hazard, risk or danger; (c) the availability and suitability of ways to avert, eliminate or minimise the hazard, risk or danger; and (d) the cost of averting, eliminating or minimising the hazard, risk or danger. premises includes land and permanent or temporary buildings and structures on land. prohibition notice means a notice given under section 22. risk means the probability of a hazard injuring a person, compromising the health or safety of a person or damaging property. sell includes: (a) barter or exchange; (b) contract to sell or offer or expose for sale, barter or exchange; (c) authorise, permit, cause or suffer to be sold, bartered, exchanged or offered or exposed for sale; (d) have in possession for the purpose of sale, barter or exchange; and (e) authorise, permit, cause or suffer to be sent, forwarded or delivered for sale or for barter or exchange. substance includes a solid, liquid or gas or any mixture of solids, liquids or gases. vehicle means a vehicle used or intended to be used, or adapted or capable of being adapted for use, on roads or rails and includes: (a) a train; (b) a trailer or caravan intended or adapted or capable of being adapted for use as an attachment to a vehicle; and (c) anything attached to a vehicle, trailer or caravan.

Part 1 Preliminary Dangerous Goods Act 1998 5 4 Application (1) This Act does not apply to or in relation to: a) radiation material within the meaning of the Radiation Protection Act 2004; or (b) radioactive material within the meaning of the Radioactive Ores and Concentrates (Packaging and Transport) Act 1980; or (c) a prescribed substance within the meaning of the Atomic Energy Act 1953 of the Commonwealth. (2) This Act does not apply in relation to: (a) the transport of dangerous goods by road or rail; or (b) any associated activity or matter, to the extent to which it is regulated by the Transport of Dangerous Goods by Road and Rail (National Uniform Legislation) Act 2010 or regulations made under that Act. (3) This Act does not apply in relation to an activity involving dangerous goods to the extent to which the activity is regulated under the Work Health and Safety (National Uniform Legislation) Act 2011. (4) If there is an inconsistency between: (a) a provision of this Act or regulations under this Act; and (b) a provision of an overriding Act or overriding Regulations; the provision of the overriding Act or overriding Regulations prevails. (5) In this section: overriding Act means: (a) the Transport of Dangerous Goods by Road and Rail (National Uniform Legislation) Act 2010; or (b) the Work Health and Safety (National Uniform Legislation) Act 2011. overriding Regulations means regulations made under an overriding Act.

Part 2 Administration Dangerous Goods Act 1998 6 5 Act to bind Crown This Act binds the Crown in right of the Territory and, so far as the legislative power of the Legislative Assembly permits, the Crown in all its other capacities. Part 2 Administration 6 Declaration, &c., by Competent Authority (1) The Competent Authority may, by notice in the Gazette: (a) declare a substance or thing (including a chemical) to be dangerous goods; and (b) classify a substance or thing declared under paragraph (a). (2) A declaration or classification under subsection (1) may be made by reference to, or by adopting or incorporating, a standard, rule, code, specification or guide relating to the dangerous goods or the classification of the dangerous goods as in force at a particular time. 7 Delegation (1) The Competent Authority may, in writing, delegate to a person any of his or her powers and functions under this Act or the Regulations, other than this power of delegation. (2) A delegation under subsection (1) may be made to a named person or to a person from time to time holding, acting in or performing the duties of a named office, designation or position. (3) A power or function delegated under this section when exercised or performed by the delegate is to be taken to have been exercised or performed by the Competent Authority. (4) A delegation under this section does not prevent the exercise of a power or performance of a function by the Competent Authority. 8 Control of Competent Authority The Competent Authority is subject to the directions of the Minister when exercising his or her powers and performing his or her functions.

Part 3 General duties and offences in relation to dangerous goods Dangerous Goods Act 1998 7 Part 3 General duties and offences in relation to dangerous goods 9 Safe handling of dangerous goods (1) A person involved in the handling of dangerous goods must ensure, as far as practicable, that the goods are handled safely. Maximum penalty: In the case of a body corporate: (a) 2 160 penalty units; or (b) where an offence results in death or serious harm to a person – 4 0320 penalty units. In the case of a natural person: (a) 430 penalty units or imprisonment for 2 years; or (b) where an offence results in death or serious harm to a person – 860 penalty units or imprisonment for 4 years. (2) Without limiting subsection (1), a person involved in the handling of dangerous goods contravenes that subsection if he or she fails to ensure, as far as practicable, that: (a) the goods are handled in a manner or in circumstances that the goods will not: (i) endanger or be likely to endanger the safety or health of a person; or (ii) damage or be likely to damage any property; or (b) the goods are not abandoned. (3) Without limiting subsection (1), a person in charge of dangerous goods contravenes that subsection if he or she fails to ensure, as far as practicable, that: (a) where plant or a container, vehicle, building or structure is used in the handling of the goods, the plant, container, vehicle, building or structure is safe and maintained in a safe condition;

Part 3 General duties and offences in relation to dangerous goods Dangerous Goods Act 1998 8 (b) plant, containers and substances used, handled, stored or transported in relation to the goods are used, handled, stored or transported in a safe manner; or (c) a system is in place that provides and ensures: (i) the safe management of the goods; (ii) the identification of hazards and the assessment and control of risks; (iii) safe work practices; (iv) that appropriate information, training, instruction and supervision are provided in relation to the safe handling of the goods to each person involved in the handling of the goods; and (v) that appropriate information in relation to the safe handling of the goods is provided to other persons affected, or likely to be affected, by the handling of the goods. (4) In this section: serious harm has the same meaning as in the Criminal Code. 10 Person not to cause or contribute to dangerous situation A person must not knowingly cause, or knowingly contribute to, a dangerous situation. Maximum penalty: In the case of a body corporate – 2 160 penalty units. In the case of a natural person – 430 penalty units or imprisonment for 2 years. 11 Duties of manufacturers, &c., of dangerous goods (1) A person who manufactures, imports or supplies dangerous goods must ensure, as far as practicable, that the goods are not imported into, or supplied in, the Territory in an unsafe condition. Maximum penalty: In the case of a body corporate – 2 160 penalty units. In the case of a natural person – 430 penalty units.

Part 3 General duties and offences in relation to dangerous goods Dangerous Goods Act 1998 9 (2) A person who manufactures, imports or supplies dangerous goods must ensure, as far as practicable, that the goods are: (a) given the correct classification as required by this Act or the Regulations; (b) listed and labelled in accordance with the Regulations; and (c) contained in an appropriate container. Maximum penalty: In the case of a body corporate – 430 penalty units. In the case of a natural person – 85 penalty units. (3) A person who manufactures, imports or supplies dangerous goods must ensure, as far as practicable, that: (a) adequate toxicological data in respect of the goods; and (b) all other information and data relevant to the safe handling of the goods, is provided when the goods are supplied by him or her and at any time at the request of a person. Maximum penalty: In the case of a body corporate – 430 penalty units. In the case of a natural person – 85 penalty units. 12 Duties of manufacturers, &c., of plant A person who designs, manufactures, imports, supplies or sells plant or a container, vehicle, building or structure intended to be used in the handling of dangerous goods must ensure, as far as practicable, that the design and characteristics of the plant, container, vehicle, building or structure are such that the use of the plant, container, vehicle, building or structure in accordance with the designers, supplier's or manufacturer's instructions is not likely to endanger the safety or health of a person or to damage any property. Maximum penalty: In the case of a body corporate – 2 160 penalty units. In the case of a natural person – 430 penalty units.

Part 3 General duties and offences in relation to dangerous goods Dangerous Goods Act 1998 10 13 Duties of erectors and installers of plant, &c. A person who erects or installs plant or a container, building or structure intended to be used in connection with dangerous goods must ensure, as far as practicable, that the plant, container, building or structure is erected or installed so that a person who uses the plant, container, building or structure is not subjected to hazards that arise from, or are increased by, the way in which the plant, container, building or structure is erected or installed. Maximum penalty: In the case of a body corporate – 2 160 penalty units. In the case of a natural person – 430 penalty units. 14 Duties of persons in charge of plant, &c. The person in charge of: (a) a building or structure, including fixtures and fittings of the building or structure that are under his or her control; or (b) plant or a container or vehicle, used in the handling of dangerous goods must ensure, as far as practicable, that the condition or use of the plant, container, vehicle, building, structure or fixtures or fittings is not likely to endanger the safety or health of a person or to damage any property. Maximum penalty: In the case of a body corporate – 2 160 penalty units. In the case of a natural person – 430 penalty units. 15 Goods too dangerous to transport A person must not transport, or cause or arrange to transport, dangerous goods that the Regulations specify are too dangerous to transport. Maximum penalty: In the case of a body corporate – 2 160 penalty units. In the case of a natural person – 430 penalty units or imprisonment for 2 years.

Part 4 Officers Dangerous Goods Act 1998 11 16 Offences (1) A person must not: (a) refuse an officer access to a place, premises or vehicle; (b) refuse to produce to an officer a document required to be produced under this Act, the Regulations or any other Act; (c) conceal the location or existence of a person, plant, container, vehicle or substance from an officer; (d) prevent a person from assisting an officer; (e) in any other way hinder, impede or oppose, or induce a person to hinder, impede or oppose, an officer in performing his or her functions or exercising his or her powers under this Act, the Regulations or any other Act; (f) give to an officer information that the person knows is false or misleading in a material particular; or (g) fail to comply with a direction made by an officer. Maximum penalty: In the case of a body corporate – 430 penalty units. In the case of a natural person – 85 penalty units, or imprisonment for 6 months. (2) A person must comply with an officer's request under section 18(1)(f) unless the person has a reasonable excuse for not complying with it. Maximum penalty: 4 penalty units. (3) For the purposes of this section, a person authorised under section 18(5) to assist an officer is an officer while acting within the scope of his or her authorisation. Part 4 Officers 17 Appointment of officers (1) The Competent Authority may, in writing, appoint a person to be an officer. (2) An officer is subject to the directions of the Competent Authority and the Minister when exercising his or her powers and performing his or her functions.

Part 4 Officers Dangerous Goods Act 1998 12 (3) A member of the Police Force and a member of the Fire and Rescue Service is an officer while exercising the powers conferred on him or her by section 18(3) or 19(1). 18 General powers and functions of officers (1) An officer, other than an officer referred to in section 17(3), may: (a) enter a place, premises or vehicle that he or she reasonably believes is being or has been used in the handling of dangerous goods; (b) inspect a place, premises or vehicle, or anything in or on a place, premises or vehicle, that he or she reasonably believes is being or has been used in the handling of dangerous goods; (c) direct a person in control of a vehicle that he or she reasonably believes is being or has been used to convey dangerous goods to stop the vehicle; (d) detain a vehicle that he or she reasonably believes is being or has been used to convey dangerous goods and inspect the vehicle and its load; (e) where he or she reasonably believes that an offence is being or has been committed against this Act or the Regulations, seize any dangerous goods, plant, vehicle, package, container, document, paper or record relating to or used in connection with the handling of dangerous goods and that he or she reasonably believes is related to the alleged offence; (f) where he or she reasonably believes that a person is involved in the handling of dangerous goods, require the person to: (i) state the person's name and address; and (ii) provide evidence that the stated name and address are correct; (g) examine, take stock of and take samples, without cost to the Territory, and, if necessary, open a container of dangerous goods or goods that he or she reasonably suspects to be dangerous goods; (h) install and use on premises, at a place or in or on a vehicle, where dangerous goods are handled, equipment or a measuring device to sample, measure or analyse a substance or material that he or she reasonably believes may be, or contain, dangerous goods;

Part 4 Officers Dangerous Goods Act 1998 13 (j) enter and inspect a place, premises or vehicle where or in or on which: (i) dangerous goods are kept; or (ii) an officer reasonably believes dangerous goods are kept, and examine a licence or record required to be kept under this Act or the Regulations and, at the Territory's expense, take notes or extracts from the licence or records; and (k) give directions not inconsistent with this Act or the Regulations to a person involved in the handling of dangerous goods with respect to the handling of the goods. (2) Without limiting subsection (1), an officer, other than an officer referred to in section 17(3), may: (a) enter a place, premises or vehicle at, in, on or in relation to which he or she reasonably believes there is or has been a dangerous situation; (b) inspect a place, premises or vehicle, or anything in or on a place, premises or vehicle, at, in, on or in relation to which he or she reasonably believes there is or has been a dangerous situation; (c) direct a person in control of a vehicle in, on or in relation to which he or she reasonably believes there is or has been a dangerous situation to stop the vehicle; and (d) detain a vehicle in, on or in relation to which he or she reasonably believes there is or has been a dangerous situation and inspect the vehicle and its load. (3) An officer referred to in section 17(3) may, where he or she reasonably believes that an offence against this Act or the Regulations has been, is being or will be committed in relation to dangerous goods: (a) enter a place, premises or vehicle that he or she reasonably believes is being or has been used in the handling of the dangerous goods; (b) inspect a place, premises or vehicle, or anything in or on a place, premises or vehicle, that he or she reasonably believes is being or has been used in the handling of dangerous goods;

Part 4 Officers Dangerous Goods Act 1998 14 (c) direct a person in control of a vehicle that he or she reasonably believes is being or has been used to convey the dangerous goods to stop the vehicle; (d) detain a vehicle that he or she reasonably believes is being or has been used to convey the dangerous goods and inspect the vehicle and its load; and (e) give directions not inconsistent with this Act or the Regulations to a person involved in the handling of the dangerous goods with respect to the handling of the goods. (4) An officer or a person authorised under subsection (5) may direct a person in charge, or involved in the handling, of dangerous goods or goods that the officer or person reasonably believes to be dangerous goods to assist the officer or person in exercising or performing a power or function of the officer or person under this Act or the Regulations in relation to the goods. (5) An officer may, where necessary for the purposes of exercising a power or performing a function under this Act or the Regulations, authorise a person to assist the officer. (6) A person authorised under subsection (5) may exercise the powers and perform the functions of an officer within the scope of the person's authorisation. 19 Officer may direct person to answer questions (1) An officer may: (a) in order to find out whether this Act or the Regulations are being complied with; or (b) in order to carry out an investigation in relation to a dangerous situation, direct a person to answer a question, produce a document or provide information. (2) A person is not excused from answering a question, producing a document or providing information on the ground that the question, document or information might tend to incriminate the person, but the answer, document or information is not admissible in evidence against the person in criminal proceedings other than for an offence against section 16(1)(e), (f) or (g).

Part 4 Officers Dangerous Goods Act 1998 15 20 Protection of officers and authorised persons (1) No action or proceeding, civil or criminal, lies against the Territory, the Competent Authority or an officer for or in respect of an act or thing done or omitted to be done in good faith by the Competent Authority or officer in his or her capacity as the Competent Authority or officer. (2) For the purposes of subsection (1), a person authorised under section 18(5) to assist an officer is an officer while acting within the scope of his or her authorisation. 21 Power to destroy, &c., certain dangerous goods (1) The Competent Authority or an officer appointed under section 17(1) may, if he or she reasonably believes that it is necessary in the public interest or for the safety of a person: (a) dispose of, destroy or render safe dangerous goods or plant, installations or containers used in the handling of dangerous goods; (b) render safe a place, premises or vehicle where or in or on which dangerous goods have been or are being handled; or (c) give directions to a person in respect of: (i) the disposal, destruction or rendering safe of dangerous goods, plant, installations or containers; or (ii) rendering safe of a place, premises or vehicle. (2) An officer may only take action under subsection (1) where: (a) the officer has the written authority of the person in charge of the dangerous goods, plant, installations, container, place, premises or vehicle or the person's agent; (b) the officer has the consent of the Competent Authority; or (c) the officer reasonably believes that: (i) there is imminent danger to a person or property; or (ii) a dangerous situation is occurring, has occurred or is about to occur.

Part 5 Prohibition and improvement notices Dangerous Goods Act 1998 16 (3) The cost of disposing of, destroying or rendering safe dangerous goods or plant, installations or containers or rendering safe a place, premises or vehicle, under subsection (1) is: (a) a debt due and payable to the Territory; and (b) recoverable jointly and severally from each person in charge of the dangerous goods. (4) A certificate purporting to be signed by the Competent Authority or an officer appointed under section 17(1) specifying the cost of disposing of, destroying or rendering safe dangerous goods or plant, installations or containers or rendering safe a place, premises or vehicle under subsection (1) is evidence of the cost. Part 5 Prohibition and improvement notices 22 Competent Authority may give prohibition notice (1) The Competent Authority may give a prohibition notice to a person where the Competent Authority reasonably believes that: (a) a dangerous situation is occurring or is likely to occur; and (b) the person is able to take action to avert, eliminate or minimise the danger. (2) A prohibition notice is to: (a) be in writing; (b) state the name of the person to whom the notice is directed; (c) state where the Competent Authority reasonably believes that the dangerous situation is occurring or is likely to occur; (d) state the grounds on which the belief is based; (e) where the Competent Authority reasonably believes the act or activity involves or will involve a contravention or likely contravention of this Act or the Regulations, specify the relevant provision and state the reasons for that belief; and (f) specify any act or activity that is prohibited until the Competent Authority certifies in writing that the dangerous situation has ceased or will not occur.

Part 5 Prohibition and improvement notices Dangerous Goods Act 1998 17 (3) The Competent Authority may include in a prohibition notice instructions as to the measures to be taken to avert, eliminate or minimise the danger to which the notice relates. (4) An instruction under subsection (3) may: (a) refer to a code of practice; and (b) offer the person to whom it is issued a choice of ways in which to avert, eliminate or minimise the danger to which the notice relates. (5) Where the Competent Authority is of the opinion that a dangerous situation relating to a prohibition notice has ceased or will not occur, he or she must certify in writing that the dangerous situation has ceased or will not occur. (6) Where an appeal is made under section 28 against a prohibition notice, the Competent Authority must not certify under subsection (5) or revoke or suspend the prohibition notice until after the appeal is withdrawn or decided. (7) A prohibition notice remains in force until: (a) the Competent Authority certifies under subsection (5); (b) the Competent Authority revokes or suspends the notice; or (c) the Local Court revokes the notice under section 28(3)(d). (8) A person to whom a prohibition notice is given must not contravene or fail to comply with the notice. Maximum penalty: In the case of a body corporate – 430 penalty units and 25 penalty units for each day during which the offence continues. In the case of a natural person – 85 penalty units or imprisonment for 6 months and 8 penalty units for each day during which the offence continues. 23 Competent Authority may place mark on plant or container (1) Where the Competent Authority gives a prohibition notice in respect of an act or activity relating to the use of plant or a container, the Competent Authority may place a mark on the plant or container, or any part of the plant or container, to indicate that the plant or container, or the part, that is marked is not to be used.

Part 5 Prohibition and improvement notices Dangerous Goods Act 1998 18 (2) Where a mark is placed on plant or a container or a part of plant or a container, a person must not use the plant or container or the part on which the mark is placed or remove, obliterate or otherwise interfere with the mark until: (a) the Competent Authority certifies under section 22(5) in respect of the act or activity relating to the use of the plant or container or the part; (b) the Competent Authority revokes or suspends the prohibition notice in whole or in relation to the act or activity; (c) the Local Court revokes the prohibition notice; or (d) the Local Court varies the notice so that the use is not prohibited. Maximum penalty: In the case of a body corporate – 430 penalty units and 25 penalty units for each day during which the offence continues. In the case of a natural person – 85 penalty units or imprisonment for 6 months and 8 penalty units for each day during which the offence continues. (3) In this section, plant includes a vehicle, building and structure. 24 Competent Authority may give improvement notice (1) The Competent Authority may give an improvement notice to a person where he or she reasonably believes that the person: (a) is contravening this Act or the Regulations; or (b) has contravened this Act or the Regulations in circumstances that make it likely that the contravention will be repeated. (2) An improvement notice is to: (a) be in writing; (b) state the name of the person to whom the notice is directed; (c) state that the Competent Authority reasonably believes that the person: (i) is contravening this Act or the Regulations; or

Part 5 Prohibition and improvement notices Dangerous Goods Act 1998 19 (ii) has contravened this Act or the Regulations in circumstances that make it likely that the contravention will be repeated; (d) state the grounds on which the belief is based; (e) specify the provision of this Act or the Regulations in respect of which the belief is based; and (f) specify the day, being not earlier than 7 days after the giving of the notice, by which the person must: (i) remedy the contravention; or (ii) remedy matters or activities giving rise to the circumstances that make it likely that the contravention will be repeated. (3) The Competent Authority may include in an improvement notice instructions as to the measures to be taken to remedy the contravention, or matters or activities, to which the notice relates. (4) An instruction under subsection (3) may: (a) refer to a code of practice; and (b) offer the person to whom it is issued a choice of ways in which to remedy the contravention, or matters or activities, to which the notice relates. (5) A person to whom an improvement notice is given must not contravene or fail to comply with the notice. Maximum penalty: In the case of a body corporate – 430 penalty units and 25 penalty units for each day during which the offence continues. In the case of a natural person – 85 penalty units or imprisonment for 6 months and 8 penalty units for each day during which the offence continues. 25 Competent Authority may give further notice and carry out work (1) The Competent Authority may give a further notice to a person to whom an improvement notice has been given where the improvement notice requires work to be done and the work is not done.

Part 5 Prohibition and improvement notices Dangerous Goods Act 1998 20 (2) A further notice may be given: (a) where no appeal is lodged under section 28 against the improvement notice – within 7 days after the date specified in the improvement notice for the carrying out of the work; or (b) where the Local Court has affirmed or varied the improvement notice or issued a notice in substitution for the improvement notice, and work is required to be done under the improvement notice – within 7 days after the date on which the decision of the Court was made known or within a longer or shorter period determined by the Court. (3) A further notice is to specify the date, being not earlier than 7 days after the giving of the further notice, after which the Competent Authority intends to carry out or cause to be carried out the work specified in the further notice. (4) The Competent Authority or a person authorised by the Competent Authority may, after the date specified in a further notice, enter on or in the premises, place or vehicle in relation to which the further notice was given with employees or agents and machinery reasonably necessary to carry out the work specified in the notice and may do all things reasonably necessary to be done to carry out the work. (5) The Competent Authority must not carry out or cause to be carried out work in relation to a further notice that is the subject of an appeal under section 28. (6) The cost reasonably incurred by the Competent Authority in exercising his or her powers under subsection (4) is a debt due and payable to the Territory by the person required to carry out the work by the improvement notice to which the further notice relates. (7) A certificate, purporting to be signed by the Competent Authority or an officer appointed under section 17(1), specifying details of the costs reasonably incurred in carrying out the work under subsection (1) is evidence of those costs. 26 Competent Authority may carry out work or cause work to be carried out (1) The Competent Authority may carry out or cause to be carried out work or repairs if the Competent Authority reasonably believes that: (a) a dangerous situation exists;

Part 5 Prohibition and improvement notices Dangerous Goods Act 1998 21 (b) the work or repairs are necessary to repair damage or to minimise or avert damage or a risk that has resulted or is likely to result from the dangerous situation; (c) the person in charge of the dangerous goods cannot be found; and (d) either: (i) the circumstances require immediate action or intervention; or (ii) giving a prohibition notice or improvement notice to a person would not be appropriate. (2) For the purposes of subsection (1), the Competent Authority may: (a) by his or her employees or agents, enter in or on premises or a place or vehicle with machinery necessary to carry out the work or repairs or remove property; or (b) authorise a person and the employees and agents of the person to enter in or on premises or a place or vehicle with machinery necessary to carry out the work or repairs or remove property. (3) The cost reasonably incurred by the Competent Authority in carrying out work under subsection (1) is a debt due and payable to the Territory. (4) A person in charge of dangerous goods involved in a dangerous situation and a person who caused or contributed to the dangerous situation are jointly and severally liable for the costs reasonably incurred by the Competent Authority in carrying out work under subsection (1). (5) A certificate, purporting to be signed by the Competent Authority or an officer appointed under section 17(1), specifying details of the costs reasonably incurred in carrying out the work under subsection (1) is evidence of those costs. 27 Giving of notices A notice under section 22, 24 or 25 may be given to a person by: (a) delivering it personally to the person;

Part 5 Prohibition and improvement notices Dangerous Goods Act 1998 22 (b) leaving it at the person's usual or last known place of residence or business with some other person, apparently resident or employed there and apparently in charge or in a position of authority; (c) sending it by registered post, addressed: (i) in the case of a natural person – to the person's last- known place of business or residence; or (ii) in the case of a body corporate – to its registered office in the Territory or otherwise as provided by the Corporations Law; or (d) where the notice relates to a vehicle, placing the notice securely on the vehicle in a conspicuous position. 28 Appeals against notices (1) A person to whom a notice under section 22, 24 or 25 is given may, within 7 days after the notice is given or a later time that the Local Court allows, appeal in writing to the Local Court against the notice. (2) Where an appeal is lodged against an improvement notice or a further notice, the operation of the notice is suspended until: (a) the Court determines the appeal; (b) the appeal is withdrawn; or (c) the notice is revoked or suspended by the Competent Authority. (3) The Court must determine an appeal against a prohibition notice, an improvement notice or a further notice: (a) by affirming the notice; (b) by varying the notice; (c) by substituting its own notice for the notice given by the Competent Authority; or (d) by revoking the notice. (4) A notice as affirmed, varied or substituted under subsection (3) comes into operation: (a) on the date on which it is affirmed, varied or substituted; or (b) on a later date specified by the Court.

Part 6 Miscellaneous Division 1 Legal Proceedings Dangerous Goods Act 1998 23 Part 6 Miscellaneous Division 1 Legal Proceedings 29 Consent to prosecutions A prosecution cannot be instituted in respect of an offence against this Act or the Regulations without the written consent of the Competent Authority. 30 Time limits Proceedings against a person in respect of an offence against this Act or the Regulations cannot be instituted after 3 years from the date of the alleged offence or the discovery of the alleged offence, whichever is the later. 31 Averments In proceedings in respect of an offence against this Act or the Regulations, an averment in the information or complaint that: (a) a specified person is the Competent Authority or an officer; (b) a specified person was or was not on a specified day a licensee; (c) a specified licence contained specified conditions; (d) a specified substance or thing was at a specified time dangerous goods; (e) a specified container did on a specified day contain dangerous goods; (f) specified dangerous goods, being dangerous goods specified in a shipping document carried in or on a vehicle, were transported in or on the vehicle; (g) specified dangerous goods are dangerous goods of a specified class or kind; or (h) a specified document is a code of practice in force at a specified time, is evidence of the fact alleged.

Part 6 Miscellaneous Division 1 Legal Proceedings Dangerous Goods Act 1998 24 32 Liability of employers, &c. (1) Where an employee or agent: (a) engages in conduct on behalf of another person within the scope of his or her authority; and (b) the conduct constitutes an offence against this Act or the Regulations, then the other person is guilty of the same offence and is liable to the same penalty. (2) Proceedings may be instituted against the other person notwithstanding that the employee or agent has not been charged with the offence. (3) It is a defence to a prosecution for an offence referred to in subsection (1) that the other person charged: (a) did not authorise or permit the commission of the offence by the employee or agent; or (b) took reasonable precautions and used due diligence to prevent the commission of the offence or an offence of the same or similar nature. 33 Conduct of directors, &c., of bodies corporate (1) Where in proceedings under this Act or the Regulations it is necessary to establish the intent of a body corporate, it is sufficient to show that a director, employee or agent of the body corporate had that intention. (2) A person who is a director, or who is involved in the management, of a body corporate that has committed an offence against this Act or the Regulations is guilty of the same offence and is liable to the same penalty. (3) Proceedings may be instituted against the person notwithstanding that the body corporate has not been charged with the offence. (4) It is a defence to a prosecution for an offence referred to in subsection (2) that the person: (a) was not in a position to influence the conduct of the body corporate in relation to the offence; or (b) took reasonable precautions and used due diligence to prevent the commission of the offence.

Part 6 Miscellaneous Division 1 Legal Proceedings Dangerous Goods Act 1998 25 34 Repeated offences and prohibition from handling dangerous goods (1) Where a person is found guilty of an offence against this Act or the Regulations, the court may, in addition to any other penalty, order that the person be prohibited for a specified period from being involved generally in, or in relation to specific aspects of, the handling of dangerous goods. (2) When making an order under subsection (1), the court must take into account: (a) the person's record in relation to dangerous goods; (b) the prior convictions of the person that relate to the handling of dangerous goods; (c) the circumstances surrounding the commission of the offence for which the person is being sentenced; and (d) other matters the court thinks fit. (3) A person must not contravene or fail to comply with an order under subsection (1). Maximum penalty: In the case of a body corporate – 2 160 penalty units. In the case of a natural person – 430 penalty units or imprisonment for 2 years. 35 Forfeiture, &c., of dangerous goods Where a person is found guilty of an offence against this Act or the Regulations, the court may order: (a) the dangerous goods in respect of which the offence was committed to be forfeited to the Territory; and (b) the person to pay to the Territory the costs and expenses incurred in the seizure, detention and removal of the dangerous goods or the package, container or vehicle, as the case may be, in which the dangerous goods were contained or kept when seized, detained or removed.

Part 6 Miscellaneous Division 2 Codes of practice and Regulations Dangerous Goods Act 1998 26 36 Disposal of forfeited goods (1) The Competent Authority may dispose of, destroy or render safe or otherwise deal with dangerous goods forfeited to the Territory under section 35 in the manner that he or she thinks fit. (2) The cost of disposing of, destroying or rendering safe dangerous goods under subsection (1) is a debt due and payable to the Territory by the person found guilty of the offence referred to in section 35. (3) A certificate, purporting to be signed by the Competent Authority or an officer appointed under section 17(1), specifying the cost of disposing of, destroying or rendering safe specified dangerous goods under subsection (1) is evidence of the cost. Division 2 Codes of practice and Regulations 37 Codes of practice (1) The Minister may, on the recommendation of the Competent Authority, by notice in the Gazette, approve a code of practice for the purpose of providing practical guidance on a matter relating to this Act or the Regulations. (2) A code of practice may consist of a code, standard, rule, specification or provision relating to a matter in this Act formulated, prepared or adopted by the Competent Authority and may apply, incorporate or refer to a document formulated or published by a body or authority as in force at the time the code of practice is approved or as amended, formulated or published from time to time. (3) A notice under subsection (1) is to indicate: (a) where a copy of the code of practice to which it relates, and all documents applied, incorporated or referred to in the code, may be inspected by members of the public without charge; and (b) the times during which it may be inspected. (4) The Competent Authority is to make a code and documents referred to in a notice under subsection (3) available in accordance with the notice.

Part 6 Miscellaneous Division 2 Codes of practice and Regulations Dangerous Goods Act 1998 27 (5) The Competent Authority may approve in writing, in relation to a particular place, premises or vehicle where or in or on which dangerous goods are handled, a code of practice presented to him or her by a person in charge of the dangerous goods. (6) Subject to subsections (7) and (8), a code of practice approved under subsection (5) prevails over a code of practice approved under subsection (1) in relation to that place, premises or vehicle. (7) The Competent Authority must not approve a code of practice under subsection (5) that, in his or her opinion, adopts standards less stringent than the minimum relevant standards for the time being in a code of practice approved under subsection (1). (8) Where there is: (a) a relevant standard in a code of practice approved under subsection (1) that is more stringent than a standard in a code of practice approved under subsection (5); or (b) a relevant standard in a code of practice approved under subsection (1) in relation to a matter that is not provided for in a code of practice approved under subsection (5), that standard in the code of practice approved under subsection (1) is to prevail or apply, as the case may be, and is to be taken to be incorporated in the code of practice approved under subsection (5). (9) The person in charge of dangerous goods must make a code of practice approved under subsection (5) in relation to the dangerous goods available for inspection at all reasonable times by a person involved in the handling of the dangerous goods. Maximum penalty: 17 penalty units. (10) An offence against subsection (9) is a regulatory offence. (11) A person is not liable to a civil or criminal action by reason only that he or she has failed to observe a provision of a code of practice. 38 Use of codes of practice in proceedings (1) A person does not commit an offence against this Act or the Regulations if the act or omission alleged to constitute the offence or an element of the offence was done or omitted to be done in compliance with a code of practice relating to the act or omission. (2) Where, in a prosecution for an offence against a provision of this Act or the Regulations, it is proved that the act or omission alleged to constitute the offence or an element of the offence was done or

Part 6 Miscellaneous Division 2 Codes of practice and Regulations Dangerous Goods Act 1998 28 omitted to be done in contravention of a code of practice relating to the act or omission, the offence or the element is to be taken to be proved unless the court is satisfied that the defendant complied with the provision otherwise than by compliance with the code of practice. 39 Regulations (1) The Administrator may make regulations, not inconsistent with this Act, prescribing all matters: (a) required or permitted by this Act to be prescribed; or (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act. (2) Without limiting subsection (1), the Regulations may make provision for or with respect to: (a) the handling of dangerous goods and containers that are used in connection with dangerous goods, including the precautions to be observed and the methods of handling to be employed; (b) the classification of dangerous goods and methods for determining classifications; (c) the competency or qualifications of persons: (i) handling dangerous goods; or (ii) manufacturing, designing, installing, repairing or carrying out any work on containers, pipelines or any plant or things that are used or are intended for use in connection with dangerous goods, and the registering, certifying and licensing of those persons; (d) the exemption of persons, places, premises, vehicles, activities or specified dangerous goods from the application of all or part of this Act or the Regulations; (e) the design, construction, manufacture, installation, cleanliness, ventilation, venting, marking, placarding, labelling and maintenance of places, premises, plant, vehicles, containers, pipelines and other things that are used or intended for use in the handling of dangerous goods; (f) the siting, design, construction, ventilation, venting, illumination, maintenance, fittings, fixtures and management of premises, plant, buildings and structures that are used, or are

Part 6 Miscellaneous Division 2 Codes of practice and Regulations Dangerous Goods Act 1998 29 intended for use, in connection with dangerous goods and the treatment of premises, plant, buildings and structures no longer required for the handling of dangerous goods; (g) the provision, maintenance, testing and use of safety and first aid facilities at a place, on premises or in or on a vehicle used for any purpose in connection with dangerous goods; (h) the inspection, examination and testing of dangerous goods and equipment that is, or is intended to be, used in connection with dangerous goods and the fees payable for the inspection, examination or testing; (j) the driving of vehicles conveying dangerous goods, including the types of vehicles that can convey, and the procedures for conveying, specified classes of dangerous goods; (k) the making, keeping, production and inspection of records relating to dangerous goods and the providing of returns and other information relating to dangerous goods; (m) the notice to be given of: (i) theft of dangerous goods from a place, premises or vehicle; (ii) theft in connection with dangerous goods at a place, on premises or in or on a vehicle; and (iii) dangerous situations and other accidents during the handling of or in connection with dangerous goods at a place, on premises or in or on a vehicle; (n) the procedures to be taken and the holding of inquiries in relation to thefts, accidents and situations referred to in paragraph (m); (p) the establishment, management and use of magazines and government explosives reserves; (q) the granting of licences by the Competent Authority to handle dangerous goods and the conditions to which a licence is to be subject; (r) the notification and registration of places, premises and vehicles where dangerous goods are or are to be handled, including different categories of notification and registration, and the conditions and requirements to which notification and registration is to be subject;

Part 7 Repeal, savings and transitional Dangerous Goods Act 1998 30 (s) the payment of a prescribed amount in lieu of a penalty that may otherwise be imposed for an offence against this Act or for a breach of the Regulations; (t) the service of notices on persons alleged to have infringed this Act or breached the Regulations and particulars to be included in such notices; (u) the forms to be used; and (w) the fees payable in respect of any act, matter or thing under this Act. (3) The Regulations may impose penalties for a breach of the Regulations not exceeding: (a) in the case of a body corporate – 215 penalty units or 12 penalty units for each day during which the breach continues; and (b) in the case of a natural person – 40 penalty units or 2.5 penalty units for each day during which the breach continues. (4) The Regulations may: (a) provide that an act or thing is to be done or be in accordance wholly or partly with the approval or to the satisfaction of a prescribed person or a person of a prescribed class of persons; (b) confer on a prescribed person, or class of persons, a discretionary authority; and (c) confer on a prescribed person, or class of persons, power to give, in a prescribed manner, instructions, orders, directions or requirements. (5) The Regulations may apply, adopt or incorporate (with or without changes) the whole or part of a document, standard, rule, specification or method formulated, as in force or existing at a particular time or from time to time. Part 7 Repeal, savings and transitional 40 Definition In this Part, repealed Act means the Dangerous Goods Act as repealed by section 41.

Part 7 Repeal, savings and transitional Dangerous Goods Act 1998 31 41 Repeal (1) Subject to subsection (2) and section 42(1), the Dangerous Goods Act 1980 (No. 4, 1981) and the Dangerous Goods Act 1983 (No. 1, 1983) are repealed. (2) Sections 27, 28 and 29 of the repealed Act are repealed or are to be taken to have been repealed on the commencement of the Waste Management and Pollution Control Act 1997. 42 Savings and transitional (1) A person who was, immediately before the commencement of section 41, an inspector appointed under section 8(1)(c) of the repealed Act is, on that commencement, to be taken to be an officer appointed under section 17(1). (2) A declaration or classification of dangerous goods under section 13(1)(a) or (b) of the repealed Act that was in force immediately before the commencement of this Act is, on that commencement, to be taken to be a declaration or classification of dangerous goods under section 6(1)(a) or (b), respectively. (3) A licence granted under the repealed Act that was in force immediately before the commencement of this Act remains in force under the Regulations for the period and subject to the conditions applicable to the licence under the repealed Act as if the licence was granted under the Regulations subject to those conditions. (4) A licence referred to in subsection (3) may be renewed, varied or cancelled under the Regulations. (5) A standard, rule, code, specification or guide adopted by the Regulations under section 51(5) of the repealed Act and in force immediately before the commencement of this Act is to be taken to be a document, standard, rule, specification or method, as the case may be, incorporated or adopted by reference under section 39(5). (6) A certificate specifying the cost of the disposal of dangerous goods issued under section 11(8) of the repealed Act and in force immediately before the commencement of this Act is to be taken to be a certificate issued under section 21(4). (7) A certificate specifying the cost of the disposal of forfeited goods issued under section 47(3) of the repealed Act and in force immediately before the commencement of this Act is to be taken to be a certificate issued under section 36(3).

Part 7 Repeal, savings and transitional Dangerous Goods Act 1998 32 43 Saving of regulations under repealed Act Regulations in force under the repealed Act immediately before the date on which this Act comes into operation remain in force as if they were regulations made under this Act and may be amended or repealed by regulations made under this Act.

ENDNOTES Dangerous Goods Act 1998 33 ENDNOTES 1 KEY Key to abbreviations amd = amended od = order app = appendix om = omitted bl = by-law pt = Part ch = Chapter r = regulation/rule cl = clause rem = remainder div = Division renum = renumbered exp = expires/expired rep = repealed f = forms s = section Gaz = Gazette sch = Schedule hdg = heading sdiv = Subdivision ins = inserted SL = Subordinate Legislation lt = long title sub = substituted nc = not commenced 2 LIST OF LEGISLATION Dangerous Goods Act 1998 (Act No. 23, 1998) Assent date 30 March 1998 Commenced 18 August 2004 (Gaz G33, 18 August 2004, p 5) Dangerous Goods Act 1998 Amendment Act 2003 (Act No. 20, 2003) Assent date 29 May 2003 Commenced 18 August 2004 (Gaz G33, 18 August 2004, p 5) Radiation Protection Act 2004 (Act No. 23, 2004) Assent date 28 April 2004 Commenced 5 October 2009 (Gaz S53, 5 October 2009) Criminal Code Amendment (Criminal Responsibility Reform) Act 2005 (Act No. 37, 2005) Assent date 22 November 2005 Commenced 20 December 2006 (Gaz G51, 20 December 2006, p 2) Law Reform (Work Health) Amendment Act 2007 (Act No. 30, 2007) Assent date 12 December 2007 Commenced 1 July 2008 (Gaz S29, 25 June 2008) Transport of Dangerous Goods by Road and Rail (National Uniform Legislation) Act 2010 (Act No. 32, 2010) Assent date 9 September 2010 Commenced 31 March 2011 (Gaz G13, 31 March 2011, p 14) Penalties Amendment (Justice and Treasury Legislation) Act 2010 (Act No. 38, 2010) Assent date 18 November 2010 Commenced 1 February 2011 (Gaz S6, 1 February 2011)

ENDNOTES Dangerous Goods Act 1998 34 Work Health and Safety (National Uniform Legislation) Implementation Act 2011 (Act No. 38, 2011) Assent date 14 December 2011 Commenced 1 January 2012 (Gaz S78, 30 December 2011) Statute Law Amendment (Territory Economic Reconstruction) Act 2022 (Act No. 5, 2022) Assent date 14 April 2022 Commenced pt 7: nc; rem: 25 May 2022 (Gaz G21, 25 May 2022, p 1) 3 GENERAL AMENDMENTS General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the Interpretation Legislation Amendment Act 2018 (Act No. 22, 2018) to: ss 1, 3 and 4. 4 LIST OF AMENDMENTS s 3 amd No. 20, 2003, s 4; No. 32, 2010, s 153 s 4 amd No. 20, 2003, s 5; No. 30, 2007, s 14; No. 23, 2004, s 103; No. 38, 2011, s 30 s 9 amd No. 37, 2005, s 20; No. 38, 2010, s 3 ss 10 – 16 amd No. 38, 2010, s 3 ss 22 – 23 amd No. 38, 2010, s 3 s 34 amd No. 38, 2010, s 3 s 37 amd No. 38, 2010, s 3 s 39 amd No. 38, 2010, s 3; No. 5, 2022, s 99 s 43 ins No. 20, 2003, s 6

1 Dangerous Goods Act 1998

Definitions and coverage

Dangerous goods are defined either by declaration of the Competent Authority by Gazette (s 6(1)(a)) or by prescription in the Regulations (s 3 definition of “dangerous goods”; s 6). The Act allows adoption by reference of external standards and codes in declarations (s 6(2)).
The Act uses expansive defined terms. “Handling” is a long list including manufacturing, storing, labelling, transporting, rendering harmless and disposing (s 3). “Person in charge of the dangerous goods” is a broad list (owner, occupier, employer/manager, licensee) (s 3). “Involved in handling dangerous goods” includes arranging import/export, driving vehicles conveying dangerous goods, being a director or occupier of premises where goods are handled (s 3).
“Dangerous situation” is defined as an occurrence involving dangerous goods that is causing, likely to cause, or has resulted in death, injury or property damage; examples include explosion, fire or loss of containment (s 3).

Duty structure

The Act is organised around duties distributed across the supply chain. The general duty is on any person involved in handling to ensure, as far as practicable, safe handling (s 9(1)). Subsections expand that duty to cover use and maintenance of plant/containers, systems for safe management, hazard identification and training (s 9(3)(a)-(c)).
On manufacture, import or supply, there are duties to ensure goods are not supplied in an unsafe condition, are properly classified, labelled and contained, and are accompanied by toxicological and other safety information (s 11(1)-(3)).
Duties also fall on those who design, manufacture, import or supply plant or containers intended for dangerous goods (s 12), on erectors/installers (s 13), and on persons in charge of plant, buildings or vehicles used in handling (s 14).

Regulatory instruments

The Competent Authority may give prohibition notices where a dangerous situation is occurring or likely and the person can act to avert it; prohibition notices can specify prohibited acts and include instructions and options referring to codes of practice (s 22(1)-(4)). Plant or containers may be physically marked in relation to prohibition notices (s 23).
Improvement notices may be given where the Competent Authority reasonably believes a person is contravening the Act or has contravened it in circumstances likely to be repeated; improvement notices specify the relevant provisions, grounds and a remedial date not earlier than 7 days after service (s 24).
Further notices permit the Competent Authority to carry out specified work if the work required by an improvement notice is not done, followed by recovery of costs (s 25). The Competent Authority may act directly to make safe dangerous situations where immediate action is required or the person in charge cannot be found (s 26).

Enforcement, remedies and penalties

The Act sets maximum penalties in penalty units and in some cases imprisonment for natural persons (for example s 9 penalties; s 16 refusal/impeding officers; s 15 transport of goods too dangerous to transport). It provides for forfeiture of dangerous goods, court orders prohibiting future involvement with dangerous goods, and recovery of costs for seizure, removal and disposal (ss 34-36).
Officers have broad investigatory powers: entry, inspection, detainment of vehicles, seizure of goods, taking samples, installing measuring devices, requiring name and evidence, and giving directions (s 18). Police and Fire and Rescue members exercising specific powers are officers for those powers (s 17(3); s 18(3)).
Investigatory questioning is compulsory for compliance and investigation purposes, but answers are not admissible against the person in criminal proceedings other than for offences under s 16(1)(e), (f) or (g) (s 19(2)). A range of obstruction, false information and non‑compliance offences exist (s 16).

Role of codes and Regulations

Minister, on Competent Authority recommendation, may approve codes of practice by Gazette notice and make them available; the Competent Authority may approve site-specific codes proposed by persons in charge, but not if they are less stringent than approved general codes (s 37). Compliance with an approved code may be used as a defence (s 38(1)); contravention of an approved code is evidence of an offence unless the defendant proves alternative compliance (s 38(2)).
Regulations are the principal instrument to specify classifications, licensing, exemptions, record‑keeping, notification and many practical matters (s 39(1)-(5)). Regulations may adopt documents and standards by reference.

Interaction and limits

The Act expressly excludes radiation/radioactive materials regulated under other Acts (s 4(1)). It does not apply to transport by road or rail to the extent regulated by the national Transport of Dangerous Goods by Road and Rail Act, nor to activities regulated under the national Work Health and Safety Act (s 4(2)-(3)). Where inconsistency arises, the overriding Act/regulation prevails (s 4(4)).
The Act binds the Crown in right of the Territory (s 5), so the Crown is subject to duties and cost recovery where the legislative competence allows.

Main concepts therefore combine an expansive definitional base, duties along the supply chain, operational enforcement tools for administration (notices, marking, cost recovery), broad powers to officers, strong incorporation of codes/standards via Regulations, and explicit cross‑over management with national transport and WHS regimes.

The Act deliberately captures a broad set of participants in the lifecycle of dangerous goods. The statutory definitions and provisions identify the persons and entities that bear duties, are subject to powers, and may bear costs or penalties.

Primary categories affected

Persons “involved in the handling of dangerous goods” , the Act defines that to include arranging for handling, importers and exporters, consignors and consignees, persons responsible for handling, drivers/operators of vehicles conveying dangerous goods, directors/secretaries/managers of bodies corporate involved in handling, and occupiers of premises where dangerous goods are handled (s 3 definitions). This definition therefore reaches individuals, corporate entities, senior managers and site occupiers.
Persons in charge of dangerous goods , whether occupiers of the place, owners of the goods, employers/managers in relation to the place, or licensees (s 3). A person in charge has specific duties under ss 9(3), 14 and is a primary target for prohibition and improvement notices (ss 22-24).

Supply chain and service providers

Manufacturers, importers and suppliers of dangerous goods have duties to ensure products are safe on supply, properly classified, labelled and contained, and accompanied by toxicological and other relevant information when supplied (s 11(1)-(3)). Those who design, manufacture or supply plant, containers, vehicles, buildings or structures intended for use in handling dangerous goods have duties on design characteristics and safety (s 12).
Erectors and installers of plant/containers/buildings intended for use with dangerous goods must install so as not to increase hazards (s 13).
Persons who design, construct or provide plant and buildings form a regulated class and can be subject to improvement notices and offences where specifications cause hazards (s 12-13).

Employers, directors and managers

Employers and principals may be vicariously liable for the conduct of employees and agents: where an employee acts within the scope of authority and commits an offence, the employer is guilty of the same offence unless available defences apply (s 32). Courts may attribute corporate intention to directors, employees or agents (s 33(1)). Directors and persons involved in management of a corporation that commits an offence are personally liable unless they prove lack of influence or due diligence (s 33(2)-(4)).

Operators and vehicle drivers

Drivers and operators of vehicles conveying dangerous goods are included in the “involved in handling” definition and are subject to inspection, detention and directions by officers (s 3; s 18(1)(c)-(d)). The Regulations may further specify vehicle types and conveyance procedures (s 39(2)(j)).

Property owners and occupiers

Occupiers of premises where dangerous goods are handled have duties as persons in charge and are liable to notices, cost recovery for remedial work, forfeiture and prohibition orders (s 3; ss 21(3)-(4), 25(6), 26(3)-(4), 35-36). The definition of “premises” includes land and permanent or temporary structures (s 3 definitions).

Competent Authority, officers and Minister

The Competent Authority (a designated CEO) is the central administrator: it can declare and classify goods (s 6), delegate powers (s 7), give notices, approve codes of practice and direct officers (ss 22-26, 37). The Competent Authority is subject to Ministerial direction (s 8). Officers hold statutory powers to inspect and direct (ss 17-19).
Police and members of the Fire and Rescue Service are officers while exercising specific powers under the Act (s 17(3)).

Third parties and the public

Persons likely to be affected by handling must receive appropriate information about safe handling under s 9(3)(c)(v). Codes of practice must be made publicly available for inspection (s 37(3)-(4)). The public, including neighbouring landholders or emergency services, are affected indirectly through obligations on licensees and persons in charge.

Regulated but excluded classes

Radiation and radioactive materials regulated under other Commonwealth or Territory Acts are outside this Act (s 4(1)). Transport by road or rail is excluded to the extent regulated by the national Transport of Dangerous Goods by Road and Rail Act (s 4(2)-(5)). Activities covered by the Work Health and Safety Act also take precedence (s 4(3)). Bodies or persons whose activities are regulated under those overriding Acts will therefore face parallel or alternative regulatory obligations rather than this Act's regime.

Particular practical consequences for actors

Anyone who manufactures, supplies, installs, operates, owns, occupies or manages premises, plant or vehicles used with declared dangerous goods should treat the Act as directly imposing duties, subject to enforcement and penalties. Directors and managers can be personally liable under ss 32-33 unless they take due diligence steps.
The Competent Authority’s ability to approve site-specific codes (s 37(5)-(8)) means operators may, if authorised, propose and operate under an approved tailored code, but that code cannot be less stringent than relevant general codes.
Prosecution cannot proceed without the Competent Authority’s written consent (s 29), which affects the enforcement pathway and parties' exposure to criminal proceedings.

Who pays and who decides

Costs for disposal, destruction or remedial work carried out by the Competent Authority are debts owed to the Territory and recoverable from persons in charge and those who caused or contributed to the dangerous situation (s 21(3)-(4), s 26(3)-(4)). The Competent Authority and delegated officers exercise administrative decision-making power in classification, notices, approvals and cost certification (s 6, ss 22-26, s 37).

In sum, the Act reaches a wide array of commercial and operational actors in the lifecycle of dangerous goods, imposes layered duties from designers to drivers, centralises administration in the Competent Authority, and provides multiple enforcement and cost recovery levers to the Territory.

Duties (statutory, cross‑chain)

General duty of safe handling: Any person involved in handling dangerous goods must ensure, as far as practicable, that goods are handled safely (s 9(1)). This duty is framed by the Act’s definition of “practicable” which requires balancing severity of hazard, state of knowledge, availability/suitability of risk-control options and cost (s 3 definition of “practicable”).
Specific duties on persons in charge: Persons in charge must ensure plant, containers, vehicles, buildings or structures used in handling are safe and maintained (s 9(3)(a)); that plant, containers and substances are used in a safe manner (s 9(3)(b)); and must implement systems for safe management including hazard identification, risk control, safe work practices, and provision of information, training, instruction and supervision (s 9(3)(c)(i)-(v)).
Duties of manufacturers, importers and suppliers: Must ensure goods are not supplied in an unsafe condition (s 11(1)), are correctly classified, listed and labelled and contained appropriately (s 11(2)), and that adequate toxicological and other safety data are provided when goods are supplied or at request (s 11(3)).
Duties for plant and container designers, erectors and installers: Designers etc must ensure that design and characteristics do not, in use according to instructions, endanger persons or property (s 12). Erectors/installers must ensure that erection/installation does not introduce or increase hazards (s 13).
Prohibition on transportation: Regulations may specify goods too dangerous to transport; those goods must not be transported (s 15).

Rights and protections

Right to appeal notices: A person given a prohibition, improvement or further notice may appeal to the Local Court within 7 days or a longer period the Court allows (s 28(1)). Appeals can result in affirming, varying, substituting, or revoking the notice (s 28(3)-(4)). An appeal against an improvement or further notice suspends operation of the notice until determined (s 28(2)); a prohibition notice appeal does not automatically suspend the notice, but the Competent Authority must not certify cessation until appeal resolved (s 22(6)).
Defence through compliance with an approved code: Compliance with an approved code of practice is a defence to an offence under the Act or Regulations where the act or omission complained of is covered by the code (s 38(1)). Conversely, contravention of a code is evidence of an offence unless the court is satisfied the defendant complied otherwise (s 38(2)).
Protection for compelled statements: A person directed to answer questions, produce documents or provide information for compliance or investigation purposes is not excused on self‑incrimination grounds; however, the compelled answer, document or information is not admissible against the person in criminal proceedings except for offences under s 16(1)(e), (f) or (g) (s 19(2)). This both compels disclosure and limits use in prosecution, with enumerated exceptions for certain falsehood/obstruction offences.
Protection for officers acting in good faith: No civil or criminal action lies against the Territory, the Competent Authority or an officer for acts or omissions done in good faith in the exercise of powers (s 20(1)). Persons authorised to assist officers are treated as officers for this protection while acting within their authorisation (s 20(2)).

Administrative powers and consequences

Prohibition notices: The Competent Authority may give a written prohibition notice where a dangerous situation is occurring or likely and the person can act to avert it (s 22(1)). Notices must state the grounds and, where contravention is alleged, specify relevant provisions (s 22(2)(d)-(e)). Notices can include instructions and refer to codes of practice, and must be certified as ceased before revocation (s 22(3)-(6)). A contravention of a prohibition notice is an offence with ongoing daily penalties (s 22(8)).
Improvement notices and further action: Improvement notices set out a remedial date not earlier than 7 days (s 24(2)(f)). If work is not done, the Competent Authority can give a further notice and carry out the work, recover costs and treat those costs as a debt (s 25(1)-(6)). The Competent Authority may itself carry out work in emergency circumstances without serving notices if immediate action is needed or the person cannot be found (s 26(1)-(2)).
Seizure, sampling and destruction: Officers may seize goods and related records where they reasonably believe an offence has been committed (s 18(1)(e)). The Competent Authority or appointed officers may dispose of, destroy or render safe dangerous goods or equipment where necessary for public interest or safety; this can be done with the person in charge’s written authority, Competent Authority consent or where imminent danger exists (s 21(1)-(2)). Costs are recoverable (s 21(3)).

Liability and corporate responsibility

Vicarious and direct liability: Employers are liable for offences committed by employees acting within authority unless the employer establishes lack of authorisation or that reasonable precautions/due diligence were taken (s 32). Directors and persons involved in corporate management are personally prosecutable for corporate offences unless they demonstrate they lacked influence or took reasonable precautions/due diligence (s 33(2)-(4)).
Forfeiture and prohibitions: Courts can order dangerous goods forfeited and can prohibit convicted persons from handling dangerous goods for specified periods; breaching such prohibition orders is an offence with large penalties (ss 34-35).

Procedural controls

Consent to prosecution: Prosecutions cannot be instituted without the Competent Authority’s written consent (s 29), concentrating initiation of criminal enforcement with the administering agency.
Time limits: Proceedings must be started within 3 years of the alleged offence or its discovery (s 30).

Key interactions and constraints

Competent Authority subject to Ministerial directions (s 8) and able to delegate functions (s 7). Regulations define the detailed obligations (s 39). Where national Transport or WHS statutes apply, those regimes prevail (s 4(2)-(4)).

In sum, the Act imposes layered, practical duties across the lifecycle of dangerous goods, creates administrative and enforcement rights for the Competent Authority and officers, and provides legal protections for both regulated persons (defence via codes and appeal rights) and administering officers (good faith immunity).

Penalty architecture

The Act sets maximum penalties in penalty units and, for some offences, imprisonment for natural persons. Penalty sums are differentiated between bodies corporate and natural persons, and some offences attract aggravated maxima where death or serious harm results (see s 9(1) maxima). Examples:
- General safe‑handling duty (s 9): bodies corporate face up to 2,160 penalty units (or 4,0320 units where death/serious harm results); natural persons face up to 430 penalty units or 2 years’ imprisonment (or up to 860 penalty units or 4 years where death/serious harm results).
- Failure to comply with obstruction-type offences (s 16(1)): body corporate maximum 430 penalty units; natural persons 85 penalty units or up to 6 months’ imprisonment for obstruction, with other specified contraventions attracting lesser fines (s 16).
- Prohibition and improvement notice breaches: body corporate 430 penalty units and daily penalties (25 penalty units/day for prohibition notices; 25 penalty units/day for continued breach of improvement notices); natural persons 85 penalty units or imprisonment for 6 months plus daily penalties (s 22(8), s 24(5)).
- Transport of goods specified in Regulations as too dangerous (s 15): body corporate 2,160 penalty units; natural person 430 penalty units or 2 years’ imprisonment.
The Regulations may prescribe penalties for breaches not exceeding 215 penalty units for bodies corporate and 40 penalty units for natural persons, plus daily penalties (s 39(3)).

Enforcement instruments and administrative remedies

Notices: The Competent Authority has a graduated enforcement toolkit , prohibition notices (s 22) to stop activity where danger is imminent or likely, improvement notices (s 24) to require remedial work within a specified period, and further notices (s 25) permitting the Territory to carry out the remedial work and recover costs if the recipient fails to act.
Power to mark plant or container: To prevent use, the Competent Authority may mark plant or containers related to a prohibition notice, and it is an offence to remove or interfere with that mark or to use marked plant while prohibition remains (s 23).
Seizure and sample-taking: Officers may seize dangerous goods, related plant, containers, documents and records where an offence is suspected (s 18(1)(e)); they can take samples at the Territory’s expense and open containers if necessary (s 18(1)(g)).
Destruction, disposal and remediation: The Competent Authority or appointed officer may destroy or render safe dangerous goods and related plant where necessary for public interest or safety (s 21(1)-(2)); costs are recoverable and evidenced by a Competent Authority certificate (s 21(3)-(4)). In emergency situations, ss 26(1)-(2) authorise the Competent Authority to enter premises and carry out work with employees/agents and machinery necessary to avert or minimise damage or risk.
Forfeiture: On conviction, courts may order forfeiture of the dangerous goods and require the convicted person to pay costs of seizure, detention and removal (s 35). The Competent Authority has power to dispose of forfeited goods and recover disposal costs (s 36).

Procedural enforcement controls

Consent to prosecutions: No prosecution under the Act or Regulations may be instituted without the written consent of the Competent Authority (s 29). This centralises gatekeeping of criminal enforcement within the administering Agency.
Time limits: Prosecutions must be commenced within 3 years from the date of the alleged offence or discovery, whichever is later (s 30).
Appeals: Recipients of prohibition, improvement or further notices can appeal to the Local Court within 7 days (s 28). An appeal against an improvement or further notice suspends operation of the notice pending resolution (s 28(2)). The Court may affirm, vary, substitute or revoke notices (s 28(3)).
Evidence and certificates: Certificates purporting to be signed by the Competent Authority or an officer specifying costs of disposal or remedial work are admissible as evidence of those costs (s 21(4), s 25(7), s 26(5), s 36(3)). Specified averments are accepted as evidence in proceedings (s 31).

Officer powers and legal protections

Officers have extensive powers to enter, inspect, detain vehicles and seize materials where they reasonably believe dangerous goods are being handled or offences have been committed (s 18(1)-(3)). They may also require name and address and can install measuring devices for sampling and analysis (s 18(1)(f)-(h)).
Officers and the Territory are protected from civil or criminal action for acts or omissions done in good faith in exercising functions under the Act (s 20(1)). Persons authorised to assist officers are covered by the same protection while acting within their authorisation (s 20(2)).

Liability of corporate actors and individuals

Employers are vicariously liable for offences committed by employees acting within the scope of authority (s 32(1)-(2)). Defence is available if the employer did not authorise the conduct or took reasonable precautions and due diligence to prevent the offence (s 32(3)).
Directors and managers of a body corporate involved in handling dangerous goods may be personally guilty of offences committed by the corporation unless they show lack of influence over the conduct or appropriate due diligence (s 33(2)-(4)).
Courts can impose prohibition orders preventing persons convicted of dangerous-goods offences from handling dangerous goods for specified periods; breaching such orders attracts the Act’s penalties (s 34).

Enforcement incentives and friction

Cost recovery provisions create a direct financial incentive for the Territory to remediate, with costs recoverable as debts (s 21(3), s 25(6), s 26(3), s 36(2)). Administrative certificates are evidence of the amount. This compresses the administrative path to remediation but creates an ongoing debtor-creditor relationship between the Territory and recipients.
Requiring the Competent Authority’s written consent for prosecution (s 29) centralises decision-making but can create a bottleneck or perceived discretion that affects enforcement predictability and external prosecutorial action.

Overall, enforcement couples strong administrative powers with meaningful penalties and cost recovery, subject to procedural safeguards including appeal rights and judicial oversight.

Priority and exclusions

The Act explicitly defers to two “overriding Acts”: the Transport of Dangerous Goods by Road and Rail (National Uniform Legislation) Act 2010 and the Work Health and Safety (National Uniform Legislation) Act 2011 (s 4(5)). Section 4(2) excludes application of the Act to road or rail transport where those national laws or regulations regulate the activity; section 4(3) excludes activities to the extent they are regulated under the national WHS Act. Section 4(4) resolves direct inconsistencies by giving priority to the overriding Act or its Regulations.
Radiation and radioactive materials governed by the Radiation Protection Act 2004, the Radioactive Ores and Concentrates (Packaging and Transport) Act 1980, and the Atomic Energy Act 1953 are expressly outside the Act’s application (s 4(1)). The Act therefore does not overlap with these Commonwealth/Territory regimes for these materials.

Delegation and administrative control

The Competent Authority may delegate powers to named persons or to office-holders (s 7). This facilitates administrative delegation within the Agency but does not permit delegation of the power of delegation itself (s 7(1)).
The Competent Authority is subject to the Minister’s directions in the exercise of powers and functions (s 8). This subjects the Act’s operational administration to ministerial control, affecting the interplay between statutory discretion and political oversight.

Codes, standards and Regulations

The Act expressly provides for adoption by reference of standards, codes, rules and guides in both declarations/classifications (s 6(2)) and in Regulations (s 39(5)). The Minister can approve codes of practice on the Competent Authority’s recommendation (s 37(1)) and the Competent Authority can approve site-specific codes (s 37(5)). Where a site-specific code conflicts with a general approved code, the more stringent standard prevails; site-specific codes cannot be less stringent than minimum standards in general codes (s 37(6)-(8)).
Regulations can adopt documents, standards and methods in whole or part, with or without changes (s 39(5)). Thus, practical technical standards are expected to be in Regulations and subsidiary documents rather than the Act’s text.

Complementarity with WHS and transport law

The Act’s definitional reach over “handling” and the obligations on persons in charge mean in many operational contexts there will be an overlap with WHS duties; the Act resolves this by deferring to the national WHS Act where it applies (s 4(3)). Practically, this leaves operators to comply with WHS requirements for workplace safety while complying with this Act for matters not covered by WHS, or for Territory-specific classifications and licensing.
Transport by road and rail is handled by the national Transport Act; the Territory Act picks up other conveyance modes (s 4(2)). The Regulations under this Act can still address driving and vehicle requirements where not inconsistent with national transport legislation (s 39(2)(j)), but where inconsistency arises the national law prevails (s 4(4)).

Criminal and evidentiary rules

Statements compelled under s 19 are not admissible in criminal proceedings except for certain obstruction or falsehood offences under s 16(1)(e), (f) or (g). This creates a limited interaction between administrative investigatory powers and criminal evidence rules, shielding compelled answers from being used in prosecutions save for offences tied to obstruction or false statements.
The Act binds the Crown in right of the Territory (s 5) to the extent permitted by legislative power, so Territory agencies and Crown bodies fall within the regulatory reach, subject to constitutional limits.

Transitional and savings interaction

The Act repealed earlier Territory Dangerous Goods Acts and preserved earlier declarations, licences and standards to ensure continuity (Pt 7, ss 41-43). Regulations in force under the repealed Act were saved and continue as if made under this Act (s 43). Transitional provisions also treat inspectors under the repealed Act as officers (s 42(1)) and carry forward certificates and standards (s 42(2)-(7)).

Administrative interface and prosecutorial control

Prosecutions under the Act require the Competent Authority’s written consent (s 29), meaning decisions to prosecute will be made within the administering Agency rather than by independent prosecutors without that consent. This interacts with broader prosecutorial frameworks and may affect how parallel offences under other laws are pursued.

Overall, the Act is designed to operate alongside national transport and WHS regimes by deferring in areas of overlap; it delegates technical standard-setting to Regulations and codes of practice (including external standards by reference); and it positions the Competent Authority as the central administrative node with delegation and ministerial oversight. Users should identify where national uniform laws apply, and where this Act supplies Territory‑specific classifications, licensing and enforcement.

Statutory amendments and commencements recorded in the source provide the legislative evolution and points of interaction with other statutes. The Act as printed is “as in force at 25 May 2022” and its endnotes list key amending instruments, commencement dates and sections altered.

Key Acts and dates

Dangerous Goods Act 1998 (Act No. 23, 1998): Assent 30 March 1998; initial commencement 18 August 2004 (Gaz G33, 18 August 2004, p 5). The Act consolidated and replaced earlier Territory Dangerous Goods Acts (ss 41-43).
Dangerous Goods Act 1998 Amendment Act 2003 (Act No. 20, 2003): Assent 29 May 2003; relevant formal amendments cited in the Endnotes include s 3 and s 43 insertion (Endnotes, list of amendments).
Criminal Code Amendment (Criminal Responsibility Reform) Act 2005 (Act No. 37, 2005): Assent 22 November 2005; amendments affecting s 9 took effect 20 December 2006 (Endnotes reference s 9 amd No. 37, 2005, s 20).
Law Reform (Work Health) Amendment Act 2007 (Act No. 30, 2007): Assent 12 December 2007; amendments to s 4 commenced 1 July 2008 (Gaz S29, 25 June 2008, p 14), refining the Act’s relationship with WHS law.
Transport of Dangerous Goods by Road and Rail (National Uniform Legislation) Act 2010 (Act No. 32, 2010): Assent 9 September 2010; commenced 31 March 2011. Amendments stemming from the national transport Act affected multiple sections (Endnotes list ss 3 amd No. 32, 2010, s 153; ss 10-16 amd No. 38, 2010, s 3; ss 22-23 amd No. 38, 2010, s 3; s 34 amd No. 38, 2010, s 3; s 37 amd No. 38, 2010, s 3).
Penalties Amendment (Justice and Treasury Legislation) Act 2010 (Act No. 38, 2010): Assent 18 November 2010; commenced 1 February 2011; multiple sections were amended to reflect updated penalty regimes (Endnotes list numerous s amendments linked to No. 38, 2010, s 3).
Work Health and Safety (National Uniform Legislation) Implementation Act 2011 (Act No. 38, 2011): Assent 14 December 2011; commenced 1 January 2012 (Gaz S78, 30 December 2011). This Act led to s 4 amendment(s) to clarify the Act’s non-application where WHS is regulated (Endnotes record s 4 amd No. 38, 2011, s 30).
Statute Law Amendment (Territory Economic Reconstruction) Act 2022 (Act No. 5, 2022): Assent 14 April 2022; parts commenced 25 May 2022 (Gaz G21, 25 May 2022, p 1). The Endnotes list s 39 amended by No. 5, 2022, s 99.

Specific section amendments noted in the Endnotes (selective)

s 3 amended by No. 20, 2003, s 4; No. 32, 2010, s 153.
s 4 amended by No. 20, 2003, s 5; No. 30, 2007, s 14; No. 23, 2004, s 103; No. 38, 2011, s 30.
s 9 amended by No. 37, 2005, s 20; No. 38, 2010, s 3.
ss 10-16 amended by No. 38, 2010, s 3.
ss 22-23 amended by No. 38, 2010, s 3.
s 34 amended by No. 38, 2010, s 3.
s 37 amended by No. 38, 2010, s 3.
s 39 amended by No. 38, 2010, s 3; No. 5, 2022, s 99.
s 43 inserted by No. 20, 2003, s 6.

Transitional provisions and savings

When the Act commenced, inspectors under the repealed Dangerous Goods Acts were taken to be officers under s 17(1) of this Act (s 42(1)). Declarations, classifications, licences, standards and certificates in force under the repealed Acts were preserved and taken to have effect under the new Act or Regulations (s 42(2)-(7); s 43 preserves prior Regulations as if made under this Act until amended).
The Act therefore contains built-in continuity to avoid regulatory gaps when replacing earlier Territory Dangerous Goods legislation.

Practical reading for practitioners

The Endnotes and list of legislation in the reprint are the authoritative record for amendment timing and affected sections. Several major changes aligned the Territory Act with national uniform laws in the early 2010s for transport and WHS, and more recent statute law amendment activity in 2022 updated regulatory provisions (notably s 39).
Because the Act anticipates subordinate Regulations and adoption by reference, many operational obligations and standards have been implemented by delegated instruments and external standards over time. Practitioners should consult the current consolidated Regulations and any Gazette notices of declarations/classifications and approved codes to locate the operative technical requirements.

The reprint’s Endnotes provide the legislative history recorded up to 25 May 2022; users should check the Territory’s legislation database and Gazettes for any subsequent amending instruments, Regulations, code approvals or declarations made after that date.

The statutory text and endnotes supplied do not list or describe any court decisions or reported litigation under the Dangerous Goods Act 1998. The Act itself creates several procedural touchpoints that would generate litigation or court involvement, but the source material provided contains no litigation record.

What the Act authorises that typically generates litigation

Appeals to the Local Court against prohibition, improvement and further notices (s 28) create an express administrative review path. Those appeals can result in the Court affirming, varying, substituting or revoking notices, and the Court’s decisions determine whether subsequent Competent Authority remedies may proceed (s 28(3)-(4)). These appeal provisions are likely the most frequent route into judicial consideration of disputes under the Act.
Criminal prosecutions under the Act (ss 9-16, 22, 23, 24, 34 etc.) may also be litigated in courts. However, prosecutions require the Competent Authority’s written consent (s 29), which centralises the decision to prosecute and may influence the availability and number of cases reaching courts.
Civil recovery of costs ordered under s 21(3), s 25(6), s 26(3) and s 36(2) may be challenged on evidentiary and reasonableness grounds, and the Act admits Competent Authority certificates as evidence of costs (s 21(4), s 25(7), s 26(5), s 36(3)), which may give rise to evidentiary disputes in courts.
Forfeiture and deprivation of goods ordered on conviction (s 35) produce questions on ownership, property rights, and valuation in court proceedings.

Absence of cited cases in the source

The provided reprint and endnotes do not name any cases, nor provide references to judicial interpretation or appellate decisions under the Act. The absence of a litigation list in the source does not mean no litigation exists in the Territory’s courts; it simply reflects that the statutory reprint is not a case law reporter.
Practitioners seeking reported decisions, judicial interpretations of key provisions (for example the scope of “involved in handling”, the meaning of “practicable”, the limits on officer powers, or defences of due diligence), should search Territory Local Court, Supreme Court and relevant appellate jurisprudence, as well as unreported judgments and tribunal decisions.

Potential litigation issues arising from the Act’s structure

Interactions with national uniform laws: disputes may arise on whether particular activities are governed by the Territory Act or by national Transport or WHS Acts where overlapping operational facts exist (s 4). Such jurisdictional issues can produce pre-trial challenges about the applicable statutory regime.
Reasonableness and exercise of discretion: Prohibition and improvement notices require the Competent Authority to hold a reasonable belief (ss 22(1), 24(1)). Judicial review or statutory appeal could involve examination of whether those beliefs were reasonable or whether the Competent Authority exceeded its powers.
Use of Certificates: The Act’s provision that certificates “purporting to be signed” by the Competent Authority or an officer are evidence of costs (s 21(4); s 25(7); s 26(5); s 36(3)) may raise contestation on the level of proof needed to rebut such certificates, and courts will likely be asked to determine appropriate standards.
Criminal evidence and compelled statements: The provision shielding compelled answers from being used in criminal proceedings (s 19(2)), except for certain offences in s 16(1)(e)-(g), may be a matter of contention where the prosecution seeks derivative use or where disputes arise over the scope of the exception.

Practical note for litigators and advisers

Because the Act places many technical requirements into Regulations and codes of practice, litigation often concerns the content and applicability of those subordinate instruments rather than the Act’s bare words. Appeal and review routes commonly focus on administrative decision-making (notice issuance, classification, code approvals) and enforcement actions (seizure, remediation costs, forfeiture).
To identify litigation trends and substantive judicial interpretation, counsel should review Territory court databases, unreported Local Court decisions on notice appeals, and any reported cases that have interpreted sections such as s 9 (general duty), s 18 (officer powers) and s 21-26 (remedial actions and cost recovery).

Given that the provided text contains no litigation record, a search of court databases and legal reporting services is necessary to gather authoritative litigation history and precedent under the Act.

The Act contains numerous provisions that create practical and legal traps for the unwary. These “gotchas” are points where regulated persons, advisers and compliance teams frequently encounter unexpected obligations, costs, or loss of discretion. The following are source‑grounded items to watch.

Broad definitions that widen liability

The Act’s definitions are wide. “Handling” encompasses almost any interaction with dangerous goods including manufacturing, packaging, labelling, transferring and disposing (s 3). “Involved in handling” extends to arrangers, consignors, drivers, directors and occupiers (s 3). This breadth means parties who consider themselves peripheral may still be captured and liable under ss 9-16.
“Person in charge” includes owner, occupier, employer/manager or licensee (s 3). Organisations with leased premises or shared sites must clarify who is the person in charge for statutory obligations and liability.

“Practicable” standard embeds cost into duty

Obligations are qualified by the statute’s “as far as practicable” formulation (s 9(1)), whose definition expressly includes cost as a factor alongside severity and state of knowledge (s 3 definition of “practicable”). While this makes duties context-sensitive, it also imports a potential cost defence that requires careful documentation to satisfy in enforcement or prosecution settings.

Centralised prosecutorial consent

No prosecution can be instituted without the written consent of the Competent Authority (s 29). This concentrates initiation of criminal enforcement within the Agency and can lead to delays or unpredictable enforcement practice depending on internal policy and resourcing.

Short appeal windows and suspension quirks

Appeals against notices must be lodged within 7 days (s 28(1)). For improvement or further notices, an appeal suspends operation of the notice (s 28(2)), but the Act’s provision regarding prohibition notices is different: the Competent Authority must not certify cessation while an appeal is pending (s 22(6)); it is not automatic that a prohibition notice is suspended by appeal. Parties must act quickly and seek legal advice on whether a stay of a prohibition notice is available or whether emergency relief from courts is required.

Competent Authority and Ministerial control

The Competent Authority may delegate powers (s 7), and is subject to Ministerial directions (s 8). This creates a chain of administrative and political control which may produce variability in enforcement and approvals, and which may affect the effective independence of administrative decision-making.

Cost recovery as a debt, with low evidentiary threshold

Costs reasonably incurred for disposal, destruction, remediation or carrying out work become a debt due to the Territory recoverable from persons in charge and contributors (s 21(3), s 25(6), s 26(3), s 36(2)). Certificates purporting to be signed by the Competent Authority are admissible as evidence of those costs (s 21(4), s 25(7), s 26(5), s 36(3)). This evidentiary scheme can make it easier for the Territory to recover sums without detailed proof of every line item, shifting the burden to defendants to disprove the figures or reasonableness.

Overlap with national laws and regulatory black holes

The Act defers to the national Transport of Dangerous Goods by Road and Rail Act and the national WHS Act in overlapping areas (s 4). This can create regulatory uncertainty about which regime applies in multi-modal operations, or where transport activities cross Territory borders. Users must map activities against the national Acts to avoid conflicting compliance obligations.

Codes of practice , compliance as defence but not immunity

Approved codes of practice are a statutory defence (s 38(1)). However, non-compliance with a code can be used as evidence of an offence (s 38(2)). Additionally, a site-specific code approved by the Competent Authority must not be less stringent than the general approved code, and where conflict exists the more stringent general code prevails (s 37(6)-(8)). Operators relying on alternative practices must secure explicit written approval of a site-specific code to avoid surprise enforcement.

Officer powers: sampling, entry and equipment installation

Officers can install and use equipment or measuring devices on premises or vehicles to sample and analyse suspected dangerous goods (s 18(1)(h)). They can also open containers and take samples at the Territory’s expense (s 18(1)(g)). These powers enable intrusive and immediate investigative steps; operators should have clear protocols and records for custody and testing to manage chain-of-evidence and dispute risks.

Compelled answers but limited admissibility

Officers may direct persons to answer questions and produce documents (s 19(1)). Although compelled answers are not admissible in criminal proceedings generally (s 19(2)), the exception for offences under s 16(1)(e), (f) or (g) (obstructing officers, giving false information, failing to comply with directions) means persons can be prosecuted for falsehood or obstruction arising from compelled interactions. This nuance requires careful legal advice during inspections.

Marks on plant and consequences of interference

The Competent Authority may place marks on plant or containers indicating they are not to be used following prohibition notices (s 23). It is an offence to use or remove such marks until the prohibition is lifted, revoked or modified (s 23(2)). Physical markings create immediate operational blocks with daily penalties for continued use.

Regulatory detail in Regulations, not Act

The Act delegates much of the practical detail to Regulations , classification methods, licensing, notification, record‑keeping, vehicle requirements, fees and subordinate penalties (s 39). The practical compliance obligations therefore will often be located outside the Act and can change more readily through delegated legislation. Relying on the Act alone without current Regulations or gazetted codes is a common compliance error.

Liability of corporate officers

Directors and those involved in management are directly prosecutable for corporate offences unless they show lack of influence or due diligence (s 33(2)-(4)). Personal exposure requires corporates to maintain governance and compliance systems and to document reasonable precautions.

Administrative and evidentiary continuity from repealed Acts

Transitional provisions preserve prior licences, declarations and regulations from the repealed Dangerous Goods Acts (s 42-43). However, where Regulations under the repealed Act remain in force by saving provisions, changes to compliance instruments may be phased and practitioners must check the status of specific Regulations and Gazette notices.

In summary, the main practical “gotchas” are the Act’s broad reach through definitions, the speed and intrusiveness of enforcement powers, cost recovery treated as a debt evidenced by Competent Authority certificates, quick appeal windows, and the fact that substantive technical obligations are largely set out in Regulations and codes that must be checked and monitored continuously.

Compliance under the Act requires a combination of documentary, operational, training and engagement tasks. Because the Act places detailed obligations into Regulations and codes of practice, a compliance program should align with the Act’s duties (ss 9-15), the Competent Authority’s declarations and codes (ss 6, 37), and any applicable Regulations (s 39). The following is a practical checklist and process mapped to statutory provisions.

Identify regulatory scope and declared goods

Check Gazette notices by the Competent Authority for declarations and classifications of dangerous goods (s 6(1)). Confirm whether your substances are declared under the Act or prescribed in Regulations (s 3 definition; s 6).
Map whether activities fall under the Territory Act or an overriding national law: the Transport Act by road/rail or the national WHS Act may apply instead (s 4(2)-(4)). If activities cross regimes, document the applicable obligations for each segment.

Classify, label and contain correctly

Ensure goods are correctly classified per the Act and Regulations, and labelled, listed and contained appropriately (s 11(2)). Adopt the classification standards adopted by the Competent Authority (s 6(2)); seek written confirmation where classification is uncertain.
Maintain accessible technical data: provide adequate toxicological and other relevant safety data when supplying goods and whenever requested (s 11(3)).

Ensure plant, containers and premises meet design and maintenance duties

For designers, suppliers and manufacturers of plant/containers/buildings, ensure designs meet the requirement that use in accordance with instructions will not endanger persons or property (s 12).
Erectors and installers must ensure installations do not introduce or increase hazards (s 13). Keep design, installation, inspection and maintenance records.

Implement a documented safety management system

Persons in charge must have systems for safe management: hazard identification, risk assessment and control, safe work practices, and training, instruction and supervision for all persons involved (s 9(3)(c)(i)-(v)). The Act’s “practicable” standard (s 3) requires documenting how severity, knowledge, availability of controls and cost were considered.
Keep training logs, risk assessments, incident registers and maintenance schedules. Regularly review materials for currency with adopted standards and codes.

Licensing, notification and registration

Confirm licensing, provisional licences, approvals and registrations required in Regulations (s 3 definition of “licence”; s 39(2)(q), (r)). Notify and register premises and vehicles as required by Regulations (s 39(2)(r)).
Ensure licences and permits are current and conditions are complied with; licences under the repealed Act were saved but are now regulated under this Act’s Regulations (s 42(3)-(4)).

Inspections, records and sample readiness

Be ready for officer inspections: officers may enter premises, detain vehicles, take samples and require name/address evidence (s 18). Keep records and documents readily producible as required.
Maintain chain-of-custody and sampling protocols to manage disputes from officer testing (s 18(1)(g)-(h)).

Responding to notices and interactions with the Competent Authority

If issued an improvement notice, note remedial date (not earlier than 7 days) and comply or appeal within 7 days (s 24(2)(f); s 28(1)). Failure may lead to further notice and compulsory remedial work with cost recovery (s 25).
If given a prohibition notice, do not contravene it; consider urgent relief if operational impact is critical. Appeals against notices must generally be lodged within 7 days (s 28(1)), but consequences differ between improvement and prohibition notices on suspension (s 28(2); s 22(6)).

Codes of practice and alternative compliance

Identify approved codes of practice relevant to your operations (s 37(1)-(4)). Where appropriate, propose a site-specific code to the Competent Authority; ensure it is at least as stringent as general codes (s 37(5)-(8)). Compliance with an approved code is a statutory defence (s 38(1)); where you deviate, obtain prior written approval.
Keep copies of approved codes available for inspection by persons involved in handling (s 37(9)).

Incident reporting and theft notification

Follow Regulations for notification of thefts, dangerous situations and accidents and prepare to participate in inquiries (s 39(2)(m)-(n)). Maintain incident reporting procedures and liaise with emergency services.

Prepare for cost exposure and financial controls

Understand that costs reasonably incurred by the Competent Authority to render safe or remove goods are recoverable as debts (s 21(3), s 25(6), s 26(3), s 36(2)). Establish internal contingency funds, insurance and contractual clauses that allocate responsibility for remediation and removal costs.
Keep records of remedial actions and correspondence if disputing the reasonableness of Competent Authority cost certificates (s 21(4), s 25(7), s 26(5), s 36(3)).

Governance, directors’ duties and due diligence

Directors and senior managers should document governance measures, compliance responsibilities, training, audits and incident follow-up. To avail themselves of statutory defences, they must be able to show they were not in a position to influence or that they took reasonable precautions and used due diligence to prevent the offence (s 33(4)(a)-(b); s 32(3)(a)-(b)).

Coordinate with external standards and contractors

Where the Competent Authority adopts external standards by reference (s 6(2), s 39(5)), ensure procurement and contractor specifications align with those standards. Clause technical contracts to ensure equipment and services meet adopted standards and codes.

Legal process and dispute strategy

Recognise the 7‑day appeal window and the Competent Authority’s gatekeeping role in prosecutions (ss 28(1), 29). Have protocols for immediate legal engagement on notices, seizure or prohibition actions. Where appropriate seek interlocutory relief from courts if a prohibition threatens critical operations and an appeal does not suspend the notice automatically.

Record retention and administrative hygiene

Even though the Act leaves some record-keeping details to Regulations, keep contemporaneous records of classifications, safety data sheets, training, maintenance, audits, incident reports, disposal records and correspondence with the Competent Authority. These records are crucial both for compliance and for contesting costs or liability later.

Insurance and contractual allocation

Review insurance policies for coverage of remediation and fines. Contractually allocate responsibilities for handling, transport and disposal, and include indemnities where appropriate, keeping in mind that statutory liability for employers, directors and persons in charge may not be fully displaceable by contract.

Practical first steps for a new operator

Immediately identify any declared dangerous goods you handle via Competent Authority Gazettes and Regulations (s 6; s 39).
Conduct a rapid compliance gap analysis against ss 9-15 duties, Regulations (s 39) and any approved codes (s 37).
Implement or update a safety management system, training, record-keeping and emergency response plans consistent with codes or approved standards.
Ensure licensing, registration and notification obligations under Regulations are satisfied (s 39(2)(q)-(r)).
Establish response protocols for inspections, notices and potential cost recovery actions and appoint a legal/compliance lead.

In summary, compliance requires proactive identification of declared goods, alignment with Regulations and codes, documentation of risk-based decision-making under the “practicable” standard, readiness for inspections and sample testing, quick response to notices and careful governance to protect directors and employers from personal liability.

Dangerous Goods Act 1998

Plain English Summary

Deep Dive

What it does

Current sections

Dangerous Goods Act 1998

Source text: opening excerpt

1 Dangerous Goods Act 1998

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