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