S. 3(1) def. of unit of rolling stock inserted by No. 66/2008 s. 4(1)(a). unit of rolling stock means a vehicle designed to run on rails and that is, in fact, being operated or used on rails; S. 3(1) def. of vehicle substituted by No. 66/2008 s. 4(1)(e). vehicle means any means of transport by land and includes a trailer, a semi-trailer, a combination and a unit of rolling stock. (2) For the purposes of the interpretation of manufacture, making includes— (a) any process of chemical reaction; (b) any process which involves the mixing, separation, concentration, dilution, assembling or blending of substances or articles; and (c) the operation of machinery, plant or equipment which is using, treating or processing dangerous goods. S. 3(3) inserted by No. 67/2004 s. 4(2). (3) Any reference in this Act to sell explosives or to the sale of explosives includes a reference to the supply of the explosives whether or not for any consideration. S. 3(4) inserted by No. 66/2008 s. 4(2). (4) For the purposes of this Act, involvement in the transport of dangerous goods includes any of the following— (a) importing, or arranging for the importation of, dangerous goods into ; (b) packing dangerous goods for transport; (c) marking or labelling packages containing dangerous goods for transport; (d) placarding containers and vehicles in which dangerous goods are transported;
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(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;
(3) The report must include the following matters in respect of each request— (a) the name of the person sought to be approved; (b) the reason for the request; (c) the date of the request; (d) whether the request was approved or refused. Pt 2 (Heading) substituted by No. 31/2005 s. 8. Pt 2 Div. 1 (Heading) inserted by No. 31/2005 s. 9. Division 1—Appointment of inspectors S. 11 amended by Nos 37/1992 s. 9(1), 13/1996 s. 14, 26/2000 s. 30(2), 108/2004 s. 117(1) (Sch. 3 item 53.1), substituted by No. 31/2005 s. 9. 11 Appointment of inspectors (1) The Authority may, by instrument in writing, appoint an officer or employee of the Authority to be an inspector for the purposes of this Act. (2) The Authority may also, by instrument in writing, appoint any person who is employed in the Department of Primary Industries under the Public Administration Act 2004 to be an inspector for the purposes of one or more matters relating to the manufacture, supply, sale, transfer, transport, storage, handling, use or disposal of dangerous goods with respect to activities—
(5) A person to whom a prohibition notice is issued must comply with the notice. 500 penalty units for a natural person; 2500 penalty units for a body corporate. (6) An offence against subsection (5) is an indictable offence. Note to s. 17D(6) amended by No. 68/2009 s. 97(Sch. item 44.3). Note However, the offence may be heard and determined summarily (see section 28 of the Criminal Procedure Act 2009). (7) If an application for a review of a decision under this section has been made under Part IIA, an inspector must not give a certificate under subsection (1) in relation to the prohibition notice concerned until after the review ends. S. 17E inserted by No. 31/2005 s. 12. 17E Directions or conditions in notices A direction or condition included in an improvement notice or prohibition notice 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, likely contravention, matters or activities concerned. S. 17F inserted by No. 31/2005 s. 12. 17F Variation or cancellation of notices A non-disturbance notice, improvement notice or prohibition notice issued by an inspector may only be varied or cancelled by the Authority. Note The Authority may vary or cancel such a notice in the same way that an inspector may make the notice (see section 41A of the Interpretation of Legislation Act 1984). S. 17G inserted by No. 31/2005 s. 12. 17G Service of directions and notices
any explosives so as to endanger the life of a person or the safety of any property is guilty of an offence. (2) A consignor, consignee or other person who by wilful act, neglect or default or by improper refusal to accept delivery of any explosive from any person authorized to transport explosives by a licence causes a person to contravene this Act is guilty of an offence. (3) A person who delivers explosives to a vehicle or boat knowing that the transport of the explosives in the vehicle or boat would be in contravention of this Act is guilty of an offence. S. 37(4) amended by Nos 6/1987 s. 5(1)(Sch. item 3(b)), 92/1990 s. 128(Sch. 1 item 5.2), 67/1995 s. 58(Sch. 1 item 6.2), 63/2006 s. 61(Sch. item 8), 6/2009 s. 49(4). (4) A person, not being the keeper of a public or licensed private magazine or the holder of a licence under this Act or the holder of a licence or an extractive industry work authority under the Mineral Resources (Sustainable Development) Act 1990, who possesses or has on any premises of which that person is the occupier any gunpowder, blasting compounds, detonators or detonating fuse which that person has not purchased in accordance with this Act or which that person has kept without lawful occasion to use them or in a quantity greater than reasonably necessary for such use is guilty of an offence. S. 37(5) amended by No. 68/2009 s. 97(Sch. item 44.11). (5) In any proceedings under subsection (4) the burden of proving the lawful purchase, the lawful occasion and that the quantity kept was not greater than reasonably necessary for the use shall be on the accused. 38 Exemption of licensee where consignee etc. at fault
S. 43(3) amended by Nos 57/1989 s. 3(Sch. item 51.2(a)–(d)), 68/2009 s. 97(Sch. item 44.17). (3) A summons to answer to a charge contained on a charge-sheet filed pursuant to paragraph (b) of subsection (2) shall require the person against whom the charge-sheet is filed to appear to answer to the charge at a date and place mentioned in the summons before the court by which the original charge is to be heard and, where that date is not the return date of the original summons, the court shall adjourn the hearing of the original charge to that date or shall adjourn the hearing of the charges to a later date. S. 43(4) amended by No. 57/1989 s. 3(Sch. item 51.3(a)). (4) On the hearing of the charges— S. 43(4)(a) amended by Nos 35/1996 s. 453(Sch. 1 item 22), 68/2009 s. 97(Sch. item 44.18). (a) the original informant or the original informant's legal practitioner as well as the other person who the accused has alleged committed the offence— S. 43(4)(a)(i) amended by No. 68/2009 s. 97(Sch. item 44.18). (i) may cross-examine the accused (if the accused gives evidence) and any witness called by the accused; and (ii) may call evidence in rebuttal; and (b) the court— S. 43(4)(b)(i) amended by No. 68/2009 s. 97(Sch. item 44.18). (i) may convict the other person if the contravention of this Act is proved and the original accused satisfies the court that the contravention was due to the act or default of that other person;