223 Regulation-making power
(1) The Executive may make regulations for this Act.
(2) A regulation may prescribe offences for contraventions of a
regulation and prescribe maximum penalties of not more than
30 penalty units for offences against a regulation.
(see s 3)
Note 1 The Legislation Act contains definitions and other provisions relevant to
Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms:
• ACAT
• ACT
• administrative unit
• ambulance service
• contravene
• director-general (see s 163)
• fail
• fire and rescue service
• found guilty
• home address
• instrument (see s 14)
• notification (see s 63)
• penalty unit (see s 133)
• public servant
• reviewable decision notice
• rural fire service
• SES
• State
• work health and safety commissioner.
ADG Code (or Australian Dangerous Goods Code) means the
Australian Code for the Transport of Dangerous Goods by Road and
Rail, published by the Commonwealth, as in force from time to time.
affected building, for chapter 3A (Asbestos)—see section 47I.
affected residential premises, for chapter 3A (Asbestos)—see
section 47I.
affected residential premises register, for chapter 3A (Asbestos)—
see section 47P.
alleged contravention, for part 6.5 (Enforceable undertakings)—see
section 123 (3) (b).
analysis, of a dangerous substance or anything else, includes
examining or testing the substance or thing.
approved code of practice means a code of practice approved under
section 219 (1).
approved occupant, for chapter 3A (Asbestos)—see section 47T.
asbestos—see the Work Health and Safety Regulation 2011,
dictionary.
asbestos assessment report, for chapter 3A (Asbestos)—see
section 47K.
asbestos contamination, for chapter 3A (Asbestos)—see section 47I.
asbestos contamination report, for chapter 3A (Asbestos)—see
section 47J.
at premises includes in or on the premises.
Australian Dangerous Goods Code—see ADG Code.
Australian Explosives Code means the Australian Code for the
Transport of Explosives by Road and Rail, published by the
Commonwealth, as in force from time to time.
Note The Australian Explosives Code is accessible at
www.safeworkaustralia.gov.au.
authorised analyst means a person appointed as an authorised analyst
under section 210.
authorised person, for part 5.2 (Preservation of site of dangerous
occurrence)—see section 85.
basis, for giving a prohibition notice—see section 108.
building work, for chapter 3A (Asbestos)—see the Building
Act 2004, section 6.
business includes—
(a) a business not carried on for profit; and
(b) a trade or profession.
buyback scheme, for chapter 3A (Asbestos)—see section 47I.
carry a dangerous substance or anything else means move the
substance or thing by any means.
Examples of carry for a dangerous substance
1 moving, transferring or transporting a dangerous substance within a
processing system or pipeline
2 loading a dangerous substance onto, and unloading the substance from, a
vehicle
3 driving a vehicle carrying a dangerous substance
cause death or injury to a person, or substantial damage to property
or the environment, means substantially contribute directly or
indirectly to the death, injury or damage.
class, of building, for chapter 3A (Asbestos)—see section 47I.
close associate, of someone, for chapter 4 (Licences for dangerous
substances)—see section 48.
compliance agreement—see section 94 (2).
condition, of a licence, includes a condition prescribed by regulation
that applies to the licence.
connected, with an offence, for chapter 7 (Enforcement powers)—
see section 141.
controlled dangerous substance—see section 73.
correctly—
(a) classify a dangerous substance—see section 13; and
(b) pack, store, label or placard a dangerous substance—see
section 14.
corresponding law means—
(a) a law of the Commonwealth, a State, another Territory or New
Zealand corresponding, or substantially corresponding, to this
Act; or
(b) a law of the Commonwealth, a State, another Territory or New
Zealand that is declared by regulation to be a corresponding law,
whether or not the law corresponds, or substantially
corresponds, to this Act; or
(c) the Dangerous Goods Act 1975.
current asbestos contamination report, for chapter 3A (Asbestos)—
see section 47J (2).
dangerous occurrence—see section 38.
dangerous substance—see section 10.
data, for chapter 7 (Enforcement powers)—see section 141.
data storage device, for chapter 7 (Enforcement powers)—see
section 141.
decision-maker, for chapter 9 (Notification and review of
decisions)—see section 186.
disciplinary action—see section 68 (3) and (4).
disciplinary notice—see section 68 (1).
dispose, of a dangerous substance or anything else, includes impound,
isolate or destroy the substance or thing.
emergency order—see section 179.
enforceable undertaking, for part 6.5—see section 122.
environment includes the built and natural environment.
examine includes inspect, weigh, count, test and measure.
executive officer, of a corporation, means a person, by whatever
name called and whether or not the person is a director of the
corporation, who is concerned with, or takes part in, the corporation’s
management.
explosive—see section 73.
export a dangerous substance or anything else means export the
substance or thing from the ACT.
handle, a dangerous substance—see section 11.
handling authority—see section 56 (1) (d).
hazard—see section 15.
import a dangerous substance or anything else means import the
substance or thing into the ACT.
improvement notice—see section 100.
incorporated document means any of the following documents:
(a) the ADG Code;
(b) the Australian Explosives Code;
(c) an instrument applied, adopted or incorporated by regulation.
infringement notice—see the Magistrates Court Act 1930,
section 117.
infringement notice offence—see the Magistrates Court Act 1930,
section 117.
inspector means an inspector under section 207.
install plant or a system includes construct the plant or system.
internally reviewable decision—see section 186.
internal reviewer, for chapter 9 (Notification and review of
decisions)—see section 188.
internal review notice, for chapter 9 (Notification and review of
decisions)—see the ACT Civil and Administrative Tribunal Act 2008,
section 67B (1).
licence means a licence issued under this Act.
licensed asbestos assessor—see the Work Health and Safety
Regulation 2011, dictionary.
licensed asbestos removalist, for chapter 3A (Asbestos)—see the
Work Health and Safety Regulation 2011, dictionary.
loose-fill asbestos insulation, for chapter 3A (Asbestos)—see
section 47I.
manufacture a dangerous substance or anything else includes—
(a) make, remake, alter, break-up, process, recondition or treat the
substance or thing; and
(b) change the substance or thing in a way that affects its properties
or performance.
non-commercial, for the handling of a dangerous substance—see
section 12.
occupancy prohibition—see section 47S.
occupy, for part 3A.3 (Occupancy prohibition)—see section 47R.
offence, for chapter 7 (Enforcement powers)—see section 141.
officer, of a corporation, means—
(a) a director or secretary of the corporation; or
(b) a person—
(i) who makes, or takes part in making, decisions that affect
all, or a substantial part, of the business of the corporation;
or
(ii) in accordance with whose instructions or wishes the
directors of the corporation are accustomed to act
(excluding advice given by the person in the proper
exercise of functions attaching to the person’s professional
capacity or business relationship with the directors or the
corporation); or
(c) a receiver, or receiver and manager, of the corporation’s
property; or
(d) an administrator of the corporation; or
(e) an administrator of a deed of company arrangement executed by
the corporation; or
(f) a liquidator of the corporation; or
(g) a trustee or other person administering a compromise or
arrangement made between the corporation and someone else.
owner, of affected residential premises, for chapter 3A (Asbestos)—
see section 47I.
person assisting, in relation to a search warrant, for chapter 7
(Enforcement powers)—see section 141.
person in charge, of premises, includes—
(a) a person believed, on reasonable grounds, to be a person in
charge of, or the occupier of, the premises and a person
apparently in charge of, or the occupier of, the premises; and
(b) anyone else in control of the premises.
of land, a structure or vehicle.
person in control—see section 17.
plant includes—
(a) machinery or equipment (including scaffolding), or an
appliance, implement or tool; and
(b) a container used for packing, carrying or storing dangerous
(c) a vehicle used for handling a dangerous substance; and
(d) a component, fitting or accessory for the plant; and
(e) a building or other structure.
premises includes land or a structure or vehicle and any part of an
area of land or a structure or vehicle.
prohibited dangerous substance—see section 73.
prohibition notice—see section 109.
reasonable steps, in relation to a risk—see section 16.
recall order, for chapter 8 (Emergency orders)—see section 178.
regulator, for chapter 3A (Asbestos)—see section 47I.
relevant person, for an enforceable undertaking—see section 122.
relevant responsible person—
(a) for a compliance agreement—see section 93; and
(b) for an improvement notice—see section 99; and
(c) for a prohibition notice—see section 108.
residential premises, for chapter 3A (Asbestos)—see section 47I.
responsible person, for a dangerous substance—see section 18.
reviewable decision—see section 186.
risk—see section 15.
safety duty, for part 3.2 (Failure to comply with safety duties)—see
section 41.
safety management system, for handling a dangerous substance—see
section 19.
safety undertaking, for part 6.5 (Enforceable undertakings)—see
section 123 (2).
search warrant, for chapter 7 (Enforcement powers)—see
section 141.
security sensitive substance—see section 10A.
sell includes—
(a) barter or offer or attempt to sell; and
(b) possess for sale; and
(c) advertise for sale (whether directly or indirectly); and
(d) display for sale; and
(e) cause or allow to be sold or offered for sale; and
(f) dispose of in any way for valuable consideration; and
(g) dispose of to an agent for sale on consignment; and
(h) give away for the purpose of advertisement or for trade or
commerce; and
(i) sell for the purpose of resale.
serious harm, to a person—see the Criminal Code, dictionary.
site, of a dangerous occurrence at premises, for part 5.2 (Preservation
of site of dangerous occurrence)—see section 85.
site preservation period for part 5.2 (Preservation of site of dangerous
occurrence)—see section 85.
substance includes a matter, material or thing, whether solid, liquid
or gas or in a mixture.
suitable person, for a licence—see section 49.
supply a dangerous substance or anything else includes—
(a) sell the substance or thing; and
(b) transfer ownership of, or responsibility for, the substance or
thing.
system includes the following:
(a) a mechanical system;
(b) an electronic system;
(c) a computer program;
(d) a system of work;
(e) a management system;
(f) a safety management system;
(g) a system prescribed by regulation;
(h) a system that includes any combination of the systems
mentioned in paragraphs (a) to (g).
trade or commerce includes a business or professional activity.
transfer, for part 3A.3 (Occupancy prohibition)—see the Land Titles
Act 1925, dictionary.
transmission, for part 3A.3 (Occupancy prohibition)—see the Land
Titles Act 1925, dictionary.
vehicle means any kind of vehicle on wheels (including a vehicle used
on railways or tramways), and includes an aircraft or vessel used on
water.
WHS Act means the Work Health and Safety Act 2011.
1 About the endnotes
1 About the endnotes
Amending and modifying laws are annotated in the legislation history and the
amendment history. Current modifications are not included in the republished law
but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are
annotated in the amendment history. Full details of any amendments can be
obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law. The details
of these laws are underlined in the legislation history. Uncommenced expiries are
underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered
provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.