S. 3(1) def. of repealed by No. 13/1996 s. 13(b). * * * * * S. 3(1) def. of eligible person inserted by No. 31/2005 s. 3. eligible person, in relation to a reviewable decision, has the meaning given by section 20; explosives means any substance or article manufactured or used to produce a practical effect by explosion or a pyrotechnic effect and includes— (a) gunpowder, nitroglycerine, nitroglycol, gelignite, guncotton, blasting powder, fulminating compounds, coloured fires, smoke compositions, fog signals, fireworks, fuses, rockets, percussion caps, detonators, cartridges and ammunition of all descriptions; (b) substances or articles of whatever form or composition intended for blasting or demolition purposes; (c) substances or articles used for the initiating of explosive charges or fillings; (d) every adaptation or preparation of explosives; and (e) any substance or article prescribed as explosives for the purposes of this Act; S. 3(1) def. of explosives licence inserted by No. 67/2004 s. 4(1)(b). explosives licence means a licence issued pursuant to section 21 in relation to explosives; s. 3
S. 9(e) amended by Nos 24/1987 s. 12(2), 112/1994 s. 114(Sch. 5 item 2), 31/1995 s. 52 (Sch. 1 item 3), 13/1996 s. 23(a), 99/1997 s. 120, substituted by No. 96/1998 s. 257(2), amended by No. 61/2005 s. 216. (e) the conveyance of dangerous goods through a pipeline to which the Pipelines Act 2005 applies or through a gathering line within the meaning of the Petroleum Act 1998; S. 9(ea) inserted by No. 96/1998 s. 257(2), amended by No. 32/2001 s. 27. (ea) the transmission, distribution or supply of gas to which the Gas Industry Act 2001 applies; s. 9 S. 9(eb) inserted by No. 91/2000 s. 39. (eb) the conveyance of gas by pipeline to which the Gas Safety Act 1997 applies; S. 9(ec) inserted by No. 66/2008 s. 6. (ec) any culture or preparation of pathogenic micro-organisms or other material capable of causing disease in livestock or plants; Note The regulation of material capable of causing disease in livestock or plants is provided, respectively, in the Livestock Disease Control Act 1994 and the Plant Health and Plant Products Act 1995. S. 9(ed) inserted by No. 66/2008 s. 6. (ed) a genetically modified organism or GMO as defined in the Gene Technology Act 2001;
300 penalty units for a body corporate. (2) A person must not assault, directly or indirectly intimidate or threaten, or attempt to assault, intimidate or threaten, an inspector, or a person assisting an inspector. Imprisonment for 2 years, or 240 penalty units, or both, for a natural person; 1200 penalty units for a body corporate. (3) A reference in subsection (1) or (2) to an inspector is to be read as including a reference to a person acting under an instrument of delegation under section 10B. S. 19E inserted by No. 31/2005 s. 12. 19E Offence to impersonate inspector s. 19E A person who is not an inspector must not, in any way, hold himself or herself out to be an inspector. 60 penalty units. Pt 2 Div. 12 (Heading and ss 19F, 19G) inserted by No. 31/2005 s. 12. Pt 2 Div. 12 (Heading) substituted by No. 69/2009 s. 54(Sch. Pt 1 item 15.2). Division 12—Protections concerning selfincrimination, legal professional privilege and client legal privilege S. 19F inserted by No. 31/2005 s. 12. 19F Protection against self-incrimination (1) A natural person may refuse or fail to give information or do any other thing that the person is required to do by or under this Act if giving the information, or doing the other thing, would tend to incriminate the person. (2) However, subsection (1) does not apply—
5. Section 17C(1) To issue an improvement notice (1) The person to whom the notice is issued. (2) Any other person whose interests are affected by the decision. 6. Section 17C(3)(a) To certify that matters that are the subject of an improvement notice have been remedied (1) The person to whom the notice was issued. (2) Any other person whose interests are affected by the decision. 7. Section 17D(1) To issue a prohibition notice (1) The person to whom the notice is issued. (2) Any other person whose interests are affected by the decision. 8. Section 17D(1) To certify that matters that are the subject of a prohibition notice have been remedied (1) The person to whom the notice was issued. (2) Any other person whose interests are affected by the decision. 9. Section 17F To vary or cancel a nondisturbance notice, improvement notice or prohibition notice (1) The person to whom the notice was issued. (2) Any other person whose interests are affected by the decision. s. 20 S. 20A inserted by No. 31/2005 s. 12. 20A Internal review s. 20A (1) An eligible person in relation to a reviewable decision, other than a decision made by the
S. 21(3) amended by No. 13/1996 s. 22(g). (3) Where the regulations require the occupier of premises containing a prescribed quantity or class of dangerous goods to hold a licence, the Authority may require the applicant for such a licence— S. 21(3)(a) amended by No. 13/1996 s. 22(g). (a) to carry out such investigations, including hazard analysis studies and risk evaluation studies, as the Authority thinks fit; S. 21(3)(b) amended by No. 13/1996 s. 22(g). (b) to carry out any such studies to a standard acceptable to the Authority and in such detail as the Authority may direct; and S. 21(3)(c) amended by No. 13/1996 s. 22(g). (c) where the Authority is not satisfied with the standard, content or detail of any such studies carried out by the applicant, to bear the costs of further investigations to be carried out by consultants appointed by the Authority. S. 21(4) amended by No. 13/1996 s. 22(g). (4) Subject to subsection (5), a licence shall, unless previously suspended or revoked, remain in force for the prescribed period and may be renewed by the Authority for a prescribed period on receipt by the Authority of a written application for renewal from the licensee. S. 21(5) amended by No. 13/1996 s. 22(g). (5) Where on application by a licensee another licence of the same class as that which the licensee already holds is issued to that licensee and— (a) the applicant requests; or S. 21(5)(b) amended by No. 13/1996 s. 22(g). (b) the Authority determines— that the other licence be issued for a period expiring on the date on which the licence or licences already held expires or expire, then that other licence, unless previously suspended or
S. 27(4) amended by No. 13/1996 s. 22(m). (4) A person who, except for the purposes of this Act or otherwise in connexion with the performance of the person's duties under this Act discloses to any person all or any part of the information sent to the Authority under subsection (1) is guilty of an offence. 28 Authority to send the information to relevant fire authority s. 28 S. 28(1) amended by No. 13/1996 s. 22(n). (1) On receipt by the Authority of the information referred to in section 27(1), the Authority shall send a copy of that information to the Chief Fire Officer of the Metropolitan Fire Brigades or the Chief Officer of all urban and rural brigades subject to the Country Fire Authority Act 1958, whichever is appropriate. (2) Section 27(4) does not prevent an officer or member of a fire authority from disclosing exempt information to another officer or member of a fire authority. (3) For the purposes of subsection (2) exempt information means any information which is disclosed by an officer or member of a fire authority to another person for the purpose of preventing injury or damage to persons or property from a fire, explosion, leakage or spillage of dangerous goods— (a) which has occurred; or (b) which, in the reasonable opinion of the officer or member, may occur— on or at the premises to which the information relates.
S. 29 amended by Nos 82/1995 s. 192(1), 13/1996 s. 22(o). 29 Authority to send municipality details of dangerous goods for which a licence is issued s. 29 On the issue of a licence the Authority shall send to the council of the municipality in which the licensed premises (not being a vehicle, ship or boat) are situated a statement— (a) of the classification of the dangerous goods to which the licence relates; and (b) of the quantity of each class of dangerous goods referred to in paragraph (a) authorized by the licence to be present at the licensed premises. 30 Manifests (1) The occupier of licensed premises or an occupier of premises of a prescribed class shall maintain at the licensed or prescribed class of premises a manifest in such form and in such locations as may be prescribed. S. 30(2) amended by No. 78/1995 s. 9(c). (2) A person who keeps a manifest which is false or misleading in any particular is guilty of an offence. __________________ 31 Persons required to take precautions S. 31(1) amended by No. 66/2008 s. 19(2). s. 31 (1) An occupier or person in charge of premises where dangerous goods are manufactured, stored or sold, an owner or person in charge of a vehicle or boat used to transport dangerous goods and a person who uses, handles or transfers dangerous goods— S. 31(1)(a) amended by No. 66/2008 s. 19(1). (a) must take all reasonable precautions for the prevention of—
that the person is an approved analyst, sufficient evidence of— (a) the identity or quantity or both the identity and quantity of the substance, article or thing analysed; (b) the nature of any substance analysed including whether the substance is pure or a mixture of other substances; (c) the result of the analysis; (d) any other matters relevant to the proceedings that are stated in the certificate. (2) The provisions of subsection (1) do not apply— s. 42A S. 42A(2)(a) amended by No. 68/2009 s. 97(Sch. item 44.12). (a) if a copy of the certificate was not served on the accused at least 7 days before the hearing; or S. 42A(2)(b) amended by No. 68/2009 s. 97(Sch. item 44.12). (b) if the accused, at least 3 days before the hearing, gave notice in writing personally or by post to the informant and to the approved analyst that he or she requires the analyst to attend as a witness. S. 42A(3) amended by No. 68/2009 s. 97(Sch. item 44.12). (3) For the purpose of subsection (2)(a) a copy of the certificate is deemed to be served on the accused under that provision if— S. 42A(3)(a) amended by No. 68/2009 s. 97(Sch. item 44.12). (a) not less than 10 days before the hearing a copy of the certificate is lodged with the court of hearing which is authorised to make the copy available to the accused; and S. 42A(3)(b) amended by No. 68/2009 s. 97(Sch. item 44.12). (b) notice in writing has been given to the accused that a copy of the certificate will be so lodged with the court.
(4) Service of a copy of a certificate for the purposes of this section may be effected and proved— (a) in any manner in which service of a summons may be effected and proved; or (b) if the certificate was served with the summons and proof of service of the summons is by affidavit, by stating in the affidavit that a copy of the certificate was served with the summons. s. 42A (5) If an analysis or examination has been carried out for the purpose of any legal proceedings for an offence against this Act the court may, in addition to any other order as to costs, make any order that it thinks proper— (a) as to the expenses of and remuneration to be paid for the analysis or examination; and S. 42A(5)(b) amended by No. 68/2009 s. 97(Sch. item 44.13). (b) if the approved analyst has been required by the accused to attend as a witness, as to the conduct money of the analyst. (6) In this section, approved analyst means an analyst who is— (a) operating with the authority of a laboratory accredited by the National Association of Testing Authorities; or (b) approved by the Authority. S. 43 (Heading) inserted by No. 68/2009 s. 97(Sch. item 44.14). 43 Right of accused to have third person before court s. 43 S. 43(1) amended by No. 68/2009 s. 97(Sch. item 44.15). (1) An accused charged with an offence against this Act who alleges that the contravention constituting the offence was due to the act or
24 Prescribing the qualifications to be held by persons who install, alter, modify, repair or remove equipment, piping, fittings or appliances used in connexion with dangerous goods in, on or at specified premises, vehicles, boats or containers and prohibiting such installation, alteration, modification, repair or removal by persons not suitably qualified under this Act. 25 The qualifications to be held or the medical or competency tests to be passed by the driver of a vehicle used for the transport— (i) of dangerous goods in a quantity greater than a prescribed quantity; or (ii) of containers containing or enclosing dangerous goods where the containers are of a prescribed class, size or capacity. Sch. 2 cl. 25A inserted by No. 66/2008 s. 28(1)(b). 25A Voluntary accreditation schemes, including privileges to be accorded or sanctions to be imposed under the schemes and the cancellation or suspension of the schemes. Sch. 2 cl. 25B inserted by No. 66/2008 s. 28(1)(b). 25B The requirement for mandatory accreditation of persons involved in the transport of dangerous goods or particular aspects of that transport. Sch. 2 cl. 26 amended by No. 13/1996 s. 22(t)(ii). 26 Prohibiting a person from driving or being in charge of a specified type of vehicle used for or in connexion with the transport of dangerous goods unless the person is registered by the Authority and possesses the prescribed qualifications. Sch. 2 27 Requiring licences to be obtained by persons in relation to— Sch. 2 cl. 27(a) substituted by No. 67/2004 s. 15(a). (a) the manufacture, storage, sale, use, handling or transfer of dangerous goods; (b) the transport of dangerous goods;