Dangerous Substances (General) Regulation 2004

Australian Capital Territory Dangerous Substances (General) Regulation 2004 SL2004-56 made under the Dangerous Substances Act 2004 Republication No 27 Effective: 29 August 2016 Republication date: 29 August 2016 Last amendment made by A2016-33 (republication for amendments by A2016-7) Unauthorised version prepared by ACT Parliamentary Counsel’s Office http://www.legislation.act.gov.au/a/2016-33 http://www.legislation.act.gov.au/a/2016-7 Unauthorised version prepared by ACT Parliamentary Counsel's Office About this republication The republished law This is a republication of the Dangerous Substances (General) Regulation 2004, made under the Dangerous Substances Act 2004 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 29 August 2016. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 29 August 2016. The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. Kinds of republications The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):  authorised republications to which the Legislation Act 2001 applies  unauthorised republications. The status of this republication appears on the bottom of each page. Editorial changes The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice. This republication does not include amendments made under part 11.3 (see endnote 1). Uncommenced provisions and amendments If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register (www.legislation.act.gov.au). For more information, see the home page for this law on the register. Modifications If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95. Penalties At the republication date, the value of a penalty unit for an offence against this law is $150 for an individual and $750 for a corporation (see Legislation Act 2001, s 133). http://www.legislation.act.gov.au/a/2001-14 http://www.legislation.act.gov.au/a/2001-14 http://www.legislation.act.gov.au/ http://www.legislation.act.gov.au/a/2001-14 http://www.legislation.act.gov.au/a/2001-14 http://www.legislation.act.gov.au/a/2001-14 http://www.legislation.act.gov.au/ http://www.legislation.act.gov.au/a/2001-14 http://www.legislation.act.gov.au/a/2001-14 R27 29/08/16 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 contents 1 Unauthorised version prepared by ACT Parliamentary Counsel's Office Australian Capital Territory Dangerous Substances (General) Regulation 2004 made under the Dangerous Substances Act 2004 Contents Page Chapter 1 Preliminary 1 Name of regulation 2 3 Dictionary 2 4 Notes 2 5 Incorporated documents 2 6 Meaning of ensure 5 7 Offences against regulation—application of Criminal Code etc 6 Contents Page contents 2 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 R27 29/08/16 Unauthorised version prepared by ACT Parliamentary Counsel's Office Chapter 2 Certain dangerous substances Part 2.1 Important concepts Division 2.1.1 Application of ch 2 200 Application—ch 2 7 201 Non-application of ch 2—non-commercial handling 8 202 Non-application of ch 2—air and marine transport 8 Division 2.1.2 Definitions for ch 2 203 Definitions—ch 2 9 Division 2.1.3 Quantities of dangerous substances 204 Meaning of placard quantity—ch 2 14 205 Meaning of manifest quantity—ch 2 15 206 Meaning of total quantity—ch 2 16 207 Working out quantities—ch 2 17 Division 2.1.4 Premises 208 Meaning of registrable premises—ch 2 17 209 Meaning of manifest quantity registrable premises—ch 2 17 210 Meaning of non-registrable premises—ch 2 18 Part 2.2 Manufacturers, importers and suppliers Division 2.2.1 Packing, marking and supply 211 Correct classification—Act, s 13 19 212 Correct packing—Act, s 14 19 213 Correct labelling—Act, s 14 20 214 Supply by retailer in consumer’s container—Act, s 14 21 Division 2.2.2 Safety data sheets 215 SDS preparation and review—Act, s 26 (1) (e) and s 27 (1) (e) 22 216 SDS prepared under corresponding law 24 217 Provision of SDS by manufacturer, importer or supplier—Act, s 26 (1) (e), s 27 (1) (e) and s 28 (1) (e) 24 218 Additional information for doctors—Act, s 26 (1) (e) and s 27 (1) (e) 25 219 Additional information for people responsible for health and safety— Act, s 26 (1) (e) and s 27 (1) (e) 26 Contents Page R27 29/08/16 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 contents 3 Unauthorised version prepared by ACT Parliamentary Counsel's Office Part 2.3 Registrable premises—safety management systems 220 Safety management systems—Act, s 19 (1) (e) 29 221 Hazard identification—Act, s 19 (2) (c) 29 222 Risk assessment—making 31 223 Risk assessment—availability 31 224 Risk assessment—regular review 32 225 Risk assessment—5-year review 32 226 Consultation with employees 33 227 Substitution and reduction 34 Part 2.4 Registrable premises—risk control Division 2.4.1 Registrable premises—isolation, stability and interaction 228 Isolation 35 229 Stability 35 230 Preventing interaction with other substances 37 231 Preventing contamination of food or personal products 37 Division 2.4.2 Registrable premises—plant and structures 232 Tanks for bulk dangerous substances 38 233 Decommissioning 39 234 Protection from impact 40 235 Personal protective or safety equipment 40 Division 2.4.3 Registrable premises—lighting, access and security 236 Lighting 41 237 Access 41 238 Security 42 Division 2.4.4 Registrable premises—spills 239 Spill containment 42 240 Transfer of dangerous substances 43 241 Equipment for clean-ups 44 Division 2.4.5 Registrable premises—atmospheric risks 242 Ignition sources 45 243 Ventilation and atmospheric emissions 46 Contents Page contents 4 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 R27 29/08/16 Unauthorised version prepared by ACT Parliamentary Counsel's Office Division 2.4.6 Risk control—fire protection 244 Fire protection 46 Part 2.5 Registrable premises—information Division 2.5.1 Registrable premises—communication 245 Information for substance handlers 49 246 Information for plant users 51 247 Information for visitors 52 Division 2.5.2 Registrable premises—keeping accurate information 248 Keeping safety data sheets 53 249 Register of dangerous substances 54 250 Records—change of person in control 55 Division 2.5.3 Registrable premises—labels 251 Incorrectly labelled packages 56 252 Labelling and removing labelling from packages 57 253 Labelling portable containers 58 Division 2.5.4 Registrable premises—placards 254 Placards—requirement to display 58 255 Placards—location of HAZCHEM outer warnings 60 256 Placards—location of information placards 60 257 Placards—form of HAZCHEM outer warning placard 61 258 Placards—form of information placards for tanks 61 259 Placards—form of information placards for packages 62 Part 2.6 Registrable premises—registration 260 Placard quantity register 63 261 Registration—placard quantity notices 63 262 Registration—further information notices 64 263 Registration—obligation to register 65 264 Registration—duration and renewal 65 265 Registration—significant change of risk 66 266 Registration—further information about risk change 67 267 Registration—amendment or cancellation 68 Contents Page R27 29/08/16 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 contents 5 Unauthorised version prepared by ACT Parliamentary Counsel's Office Part 2.7 Registrable premises—dangerous occurrence reporting 268 Records of actual and likely dangerous occurrences—Act, s 216 (1) (m) 70 269 Form of records of actual and likely dangerous occurrences 71 Part 2.8 Manifest quantity registrable premises Division 2.8.1 Manifest quantity registrable premises—manifests 270 Manifests—requirement to keep 72 271 Manifests—must be kept up to date 72 272 Manifests—how kept 72 Division 2.8.2 Manifest quantity registrable premises—emergency plans 273 Meaning of emergency plan—div 2.8.2 73 274 Emergency plan—safety management systems for Act, s 19 (1) (e) 73 275 Emergency plan—making 73 276 Emergency plan—instruction for employee representatives and neighbouring occupiers 74 277 Emergency plan—review as necessary 75 278 Emergency plan—5-year review 76 279 Emergency plan—consultation for review 78 Part 2.9 Non-registrable premises Division 2.9.1 Non-registrable premises—safety management system requirements 280 Non-registrable premises—safety management system requirements for Act, s 19 (1) (e) 79 281 Non-registrable premises—hazard identification for Act, s 19 (2) 79 Division 2.9.2 Non-registrable premises—risk control 282 Non-registrable premises—preventing interaction with other substances 81 283 Non-registrable premises—preventing contamination of food or personal products 81 284 Non-registrable premises—decommissioning 81 Contents Page contents 6 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 R27 29/08/16 Unauthorised version prepared by ACT Parliamentary Counsel's Office 285 Non-registrable premises—personal protective or safety equipment 82 286 Non-registrable premises—lighting 83 287 Non-registrable premises—access 83 288 Non-registrable premises—security 83 289 Non-registrable premises—spill containment 84 290 Non-registrable premises—transfer of dangerous substances 85 291 Non-registrable premises—equipment for clean-ups 86 292 Non-registrable premises—ignition sources 86 293 Non-registrable premises—ventilation and atmospheric emissions 87 Division 2.9.3 Non-registrable premises—information 294 Non-registrable premises—information for substance handlers 88 295 Non-registrable premises—information for plant users 89 296 Non-registrable premises—information for visitors 90 297 Non-registrable premises—safety data sheets 90 298 Non-registrable premises—register of dangerous substances 92 299 Non-registrable premises records—change of person in control 92 299A Non-registrable premises—incorrectly labelled packages 93 299B Non-registrable premises—information placards for tanks 93 Chapter 3 Asbestos and asbestos containing material Part 3.1 Important concepts 300 Object—ch 3 95 301 Meaning of asbestos containing material (ACM)—ch 3 95 303 When asbestos and asbestos containing material correctly packed— Act, s 14 (1) (a) 95 304 When asbestos and asbestos containing material correctly labelled— Act, s 14 (2) (a) 95 305 Asbestos and asbestos containing material are prohibited dangerous substances—Act, s 73, def prohibited dangerous substance 96 Part 3.2 Authorised handling of asbestos and asbestos containing material 306 Authorised importation of asbestos and asbestos containing material— Act, s 75 (1) (b) 97 Contents Page R27 29/08/16 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 contents 7 Unauthorised version prepared by ACT Parliamentary Counsel's Office 307 Authorised supply of asbestos and asbestos containing material—Act, s 76 (1) (b) and (3) (b) 97 308 Authorised possession of asbestos and asbestos containing material—Act, s 77 (1) (b) 97 309 Storage of asbestos and asbestos containing material— Act, s 78 (1) (a) 99 310 Authorised use of asbestos and asbestos containing material—Act, s 79 (1) (b) 99 Part 3.3 Asbestos management—non-workplace premises 311 Application—pt 3.3 101 312 Removal of asbestos or ACM from premises 101 313 Asbestos removal control plan 101 314 Asbestos removal control plan to be kept and available 102 Part 3.5 Asbestos management—residential premises 337 Application—pt 3.5 104 338 Definitions—pt 3.5 104 339 Asbestos warning signs—approval 105 340 Offence—asbestos warning signs 105 341 Asbestos contamination report 106 342 Asbestos contamination report—owner and occupier responsibilities 107 343 Assessor must give copy of report to regulator and owner 109 344 Asbestos removalist must give copy of work report to regulator and owner 109 Chapter 4 Security sensitive substances Part 4.1 Important concepts 400 Meaning of security sensitive substance—ch 4 110 401 Security sensitive substance is controlled dangerous substance—Act, s 73 110 402 Definitions—ch 4 110 Contents Page contents 8 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 R27 29/08/16 Unauthorised version prepared by ACT Parliamentary Counsel's Office Part 4.2 Security sensitive substances—general duties 403 Loss or theft of security sensitive substances—reporting 113 Part 4.3 Security sensitive substances—general licence requirements 404 Suitable person to hold licence—Act, s 49 (1) (i) 114 405 Licence may only be issued for authorised purposes 114 Part 4.4 Manufacturing security sensitive substances 406 Meaning of manufacturing licence—ch 4 115 407 Authority to manufacture security sensitive substances 115 408 Person in control of manufacture—Act, s 17 (1) (e) 115 409 Manufacturing licence applications—Act, s 50 (2) 116 410 Manufacturing licence applications—security plans 116 411 Manufacturing licence conditions—Act, s 53 (2) (b) 117 412 Manufacturing licences—review of security plans 118 413 Manufacture records 119 Part 4.5 Importing security sensitive substances 414 Meaning of import licence—ch 4 120 415 Authority to import security sensitive substances 120 416 Person in control of import—Act, s 17 (1) (e) 120 417 Import licence applications—Act, s 50 (2) 121 418 Import licence conditions—Act, s 53 (2) (b) 121 419 Notice of import 122 420 Import records 123 Part 4.6 Carrying security sensitive substances 421 Carrying definitions—ch 4 124 422 Application of pt 4.6 124 423 Authority to carry security sensitive substances by road 125 424 Authority to carry security sensitive substances by rail 125 425 Engaging someone else to carry security sensitive substances 126 Contents Page R27 29/08/16 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 contents 9 Unauthorised version prepared by ACT Parliamentary Counsel's Office 426 Person in control of carrying security sensitive substances—Act, s 17 (1) (e) 126 427 Carrying licence applications—Act, s 50 (2) 127 428 Carrying licence applications—security plans 128 429 Carrying licence conditions—Act, s 53 (2) (b) 128 430 Carrying licences—review of security plans 129 431 Route and time restrictions 130 Part 4.7 Storing security sensitive substances 432 Meaning of storage licence—ch 4 131 433 Authority to store security sensitive substances 131 434 Person in control of storing security sensitive substances—Act, s 17 (1) (e) 131 435 Storage licence applications—Act, s 50 (2) 132 436 Storage licence applications—security plans 133 437 Storage licence conditions—Act, s 53 (2) (b) 133 438 Storage licences—review of security plans 134 439 Storage records 135 Part 4.8 Supplying security sensitive substances Division 4.8.1 Supply licences 440 Meaning of supply licence—ch 4 137 441 Authority to supply security sensitive substances 137 442 Person in control of supply—Act, s 17 (1) (e) 137 443 Supply licence applications—Act, s 50 (2) 138 444 Supply licence conditions—Act, s 53 (2) (b) 138 445 Supply only to authorised people 139 446 Supply records 140 Division 4.8.2 Advertising supply of security sensitive substances 447 False or misleading statements about authority to supply security sensitive substances 141 Part 4.9 Using security sensitive substances 448 Meaning of user licence—ch 4 143 449 Application of pt 4.9 143 Contents Page contents 10 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 R27 29/08/16 Unauthorised version prepared by ACT Parliamentary Counsel's Office 450 Authority to use security sensitive substances 143 451 Person in control of use—Act, s 17 (1) (e) 144 452 User licence applications—Act, s 50 (2) 144 453 User licence conditions—Act, s 53 (2) (b) 145 454 Use of security sensitive substances—responsibilities of person in control 146 455 Use records 146 Part 4.10 Disposal of security sensitive substances 456 Meaning of dispose—pt 4.10 147 457 Application of pt 4.10 147 458 Authority to dispose of security sensitive substances 147 459 Conditions for disposal of security sensitive substances—Act, s 53 (2) (b) 148 460 Discarding security sensitive substances 148 461 Secure disposal of security sensitive substances—general rules 149 462 Secure disposal of security sensitive substances—inspector’s instructions 149 463 Disposal records 149 Chapter 5 Notification and review of decisions 500 Internally reviewable decisions—Act, s 186, def internally reviewable decision 151 501 Reviewable decisions—Act, s 186, def reviewable decision 151 502 Internally reviewable decisions—right of review and notice—Act, s 186A and s 187 (1) (a) 151 503 Reviewable decisions—right of review and notice—Act, s 190 and s 191 (1) (a) 151 Schedule 1 Dangerous substances—quantity 152 1.1 Quantity—packaged dangerous substances 156 1.2 Quantity—dangerous substances in tanks 156 1.3 Quantity—solid dangerous substances 156 1.4 Quantity—substances that are part of articles 157 Contents Page R27 29/08/16 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 contents 11 Unauthorised version prepared by ACT Parliamentary Counsel's Office Schedule 2 Placards 158 Part 2.1 HAZCHEM warning placard 158 2.1 HAZCHEM outer warning placard 158 Part 2.2 Information placards—tanks 159 2.2 Tank placards—general requirements 159 2.3 Tank placards—classifiable dangerous substances 159 2.4 Tank placards—goods too dangerous to be transported 160 Part 2.3 Information placards—packaged substances 162 2.5 Information placards for packaged dangerous substances 162 Part 2.4 Information placards—combustible liquids 163 2.6 Information placards for C1 combustible liquids 163 Schedule 3 Manifests 164 3.1 Manifests—general information 164 3.2 Manifests—dangerous substances in tanks other than IBCs 164 3.3 Manifests—packaged dangerous substances and IBCs 165 3.4 Manifests—manufacturing dangerous substances 166 3.5 Manifests—dangerous substances in transit 166 3.6 Manifests—plan of premises 167 Schedule 4 Security sensitive substances 168 4.1 Meaning of security sensitive ammonium nitrate—table 4.1 169 Schedule 5 Reviewable decisions 171 Part 5.1 Director-general—reviewable decisions under Act 171 Part 5.2 Inspectors—internally reviewable decisions under Act 173 Part 5.3 Director-general—reviewable decisions under this regulation 175 Contents Page contents 12 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 R27 29/08/16 Unauthorised version prepared by ACT Parliamentary Counsel's Office Dictionary 176 Endnotes 1 About the endnotes 185 2 Abbreviation key 185 3 Legislation history 186 4 Amendment history 190 5 Earlier republications 206 R27 29/08/16 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 page 1 Unauthorised version prepared by ACT Parliamentary Counsel's Office Australian Capital Territory Dangerous Substances (General) Regulation 2004 made under the Dangerous Substances Act 2004 http://www.legislation.act.gov.au/a/2004-7 Chapter 1 Preliminary Section 1 page 2 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 R27 29/08/16 Unauthorised version prepared by ACT Parliamentary Counsel's Office Chapter 1 Preliminary 1 Name of regulation This regulation is the Dangerous Substances (General) Regulation 2004. 3 Dictionary The dictionary at the end of this regulation is part of this regulation. Note 1 The dictionary at the end of this regulation defines certain terms used in this regulation, and includes references (signpost definitions) to other terms defined elsewhere. For example, the signpost definition ‘emergency service, for chapter 2 (Certain dangerous substances)—see the Emergencies Act 2004, dictionary.’ means that the term ‘emergency service’ is defined in that dictionary and the definition applies to this regulation. Note 2 A definition in the dictionary (including a signpost definition) applies to the entire regulation unless the definition, or another provision of the regulation, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)). 4 Notes A note included in this regulation is explanatory and is not part of this regulation. Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes. 5 Incorporated documents (1) If a provision of an incorporated document that applies to this regulation is inconsistent with a provision of this regulation, the provision of this regulation prevails to the extent of the inconsistency. http://www.legislation.act.gov.au/a/2004-28 http://www.legislation.act.gov.au/a/2001-14 http://www.legislation.act.gov.au/a/2001-14 Preliminary Chapter 1 Section 5 R27 29/08/16 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 page 3 Unauthorised version prepared by ACT Parliamentary Counsel's Office (2) For this regulation, a reference to an incorporated document (in this regulation or in another incorporated document) is a reference to— (a) if the document is properly notified—the document as in effect at the commencement of this section; and (b) if the document is amended after the commencement of this section, and the amendment is properly notified—the document as amended by the amendment; and (c) if the document (or a replacement document mentioned in this paragraph) is replaced by another document after the commencement of this section, and the replacement document is properly notified—the replacement document; and (d) if a replacement document mentioned in paragraph (c) is amended, and the amendment is properly notified—the replacement document as amended. Example of replacement document a new edition of an incorporated document published after the commencement of this section Note 1 If a document, amendment or replacement document is not properly notified, as described in s (4), the document, amendment or replacement document has no effect (see Act, s 220 (4)). Note 2 An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132). (3) If this regulation requires compliance (however expressed) with an incorporated document, and a provision of the document is expressed in advisory terms only (for example, as a recommendation rather than a requirement), this regulation is taken to require compliance with the provision unless the provision cannot reasonably be interpreted in that way. http://www.legislation.act.gov.au/a/2004-7/default.asp http://www.legislation.act.gov.au/a/2001-14 Chapter 1 Preliminary Section 5 page 4 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 R27 29/08/16 Unauthorised version prepared by ACT Parliamentary Counsel's Office (4) In this section: incorporated document means any of the following: (a) AS 2700S–1996 (R13) (Colour standards for general purposes—signal red); (b) AS 2700S–1996 (Y11) (Colour standards for general purposes—canary); (c) AS/NZS 2106 (Methods for the determination of the flash point of flammable liquids (closed cup)); Note This includes AS/NZS 2106.0 to AS/NZS 2106.6. (d) AS/NZS 2430.3 (Classification of hazardous areas); Note This includes AS/NZS 2430.3.1 to AS/NZS 2430.3.9. (e) AS/NZS 60079.10 (Electrical apparatus for explosive gas atmospheres—Classification of hazardous areas); (f) AS/NZS 61241.3 (Electrical apparatus for use in the presence of combustible dust—Classification of areas where combustible dusts are or may be present); (g) the International Air Transport Association Regulations; (h) the International Civil Aviation Organization Standards; (i) the International Maritime Dangerous Goods Code; (j) the National Exposure Standards; (k) any other document incorporated, applied or adopted by a document mentioned in paragraphs (a) to (j). Note Provisions of the Australian Dangerous Goods Code and Australian Standard 1940 also apply to this regulation. See the Act, s 9 and s 10 (3) and (4) for similar provisions relating to those documents relating to their application for the Act and this regulation. http://www.legislation.act.gov.au/a/2004-7/default.asp Preliminary Chapter 1 Section 6 R27 29/08/16 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 page 5 Unauthorised version prepared by ACT Parliamentary Counsel's Office properly notified—a document, amendment or replacement document mentioned in subsection (2) is properly notified if— (a) an incorporated document notice under the Act, section 220 is notified in relation to the document, amendment or replacement document; or (b) the document, amendment or replacement document is notified under the Legislation Act, section 47 (6). Note For the meaning of notification, see the Legislation Act, s 63. 6 Meaning of ensure (1) This section applies if a provision of this regulation requires a person to ensure that something is or is not done in relation to a dangerous substance. (2) The requirement is satisfied if the person takes reasonable steps to eliminate the hazards, and eliminate or minimise the risks, that might result if the requirement were not met. (3) Subsection (2) does not limit the ways in which the requirement may be satisfied. Note The following terms are defined in the Act:  hazard (see s 15 (1))  risk (see s 15 (2))  reasonable steps (see s 16). http://www.legislation.act.gov.au/a/2004-7/default.asp http://www.legislation.act.gov.au/a/2001-14 http://www.legislation.act.gov.au/a/2001-14 http://www.legislation.act.gov.au/a/2004-7/default.asp Chapter 1 Preliminary Section 7 page 6 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 R27 29/08/16 Unauthorised version prepared by ACT Parliamentary Counsel's Office 7 Offences against regulation—application of Criminal Code etc Other legislation applies in relation to offences against this regulation. Note 1 Criminal Code The Criminal Code, ch 2 applies to all offences against this regulation (see Code, pt 2.1). The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability). Note 2 Penalty units The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units. http://www.legislation.act.gov.au/a/2002-51 http://www.legislation.act.gov.au/a/2001-14 Certain dangerous substances Chapter 2 Important concepts Part 2.1 Application of ch 2 Division 2.1.1 Section 200 R27 29/08/16 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 page 7 Unauthorised version prepared by ACT Parliamentary Counsel's Office Chapter 2 Certain dangerous substances Part 2.1 Important concepts Division 2.1.1 Application of ch 2 200 Application—ch 2 (1) This chapter applies only in relation to the following dangerous substances: (a) dangerous substances classes 2, 3, 4, 5, 6.1, 8 and 9; Note Dangerous substances have the classes the Australian Dangerous Goods Code gives to the corresponding dangerous goods. See s 203, def class. (b) goods too dangerous to be transported, other than unstable explosive articles or substances within the meaning of the Dangerous Substances (Explosives) Regulation 2004, section 9; (c) C1 combustible liquids; (d) if a C2 combustible liquid is taken to be a dangerous substance under subsection (2)—the C2 combustible liquid. (2) A C2 combustible liquid is taken to be a dangerous substance for the Act (including this regulation) if it is handled together with a fire risk dangerous substance. Note 1 For the classification scheme for dangerous substances applied by this chapter, see the Australian Dangerous Goods Code (see s 203, def class). Note 2 The classes of dangerous substances are as follows:  class 2—gases  class 3—flammable liquids  class 4—flammable solids http://www.legislation.act.gov.au/sl/2004-10 Chapter 2 Certain dangerous substances Part 2.1 Important concepts Division 2.1.1 Application of ch 2 Section 201 page 8 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 R27 29/08/16 Unauthorised version prepared by ACT Parliamentary Counsel's Office  class 5—oxidizing substances; organic peroxides  class 6.1—toxic substances  class 8—corrosive substances  class 9—miscellaneous substances and articles. Note 3 The classes and types of dangerous substances to which this chapter does not apply are as follows:  class 1—explosives (see the Dangerous Substances (Explosives) Regulation 2004)  class 6.2—infectious substances  class 7—radioactive substances  hazardous substances that cannot be given a dangerous substances classification (see the Act, s 10, the NOHSC approved criteria and the NOHSC List of Designated Hazardous Substances, which define certain dangerous substances that are also hazardous substances). Note 4 The Act (including this regulation) does not apply to certain substances and other things (see Act, s 7). 201 Non-application of ch 2—non-commercial handling This chapter does not apply in relation to the non-commercial handling of a dangerous substance. Note The handling of a dangerous substance is non-commercial if it does not take place in the course of trade or commerce (see Act, s 12). Trade or commerce includes a business or professional activity (see Act, dict). 202 Non-application of ch 2—air and marine transport This chapter does not apply in relation to a dangerous substance at particular premises if— (a) the dangerous substance is on a vehicle at the premises, and is in transit; and http://www.legislation.act.gov.au/sl/2004-10 http://www.legislation.act.gov.au/sl/2004-10 http://www.legislation.act.gov.au/a/2004-7/default.asp http://www.legislation.act.gov.au/a/2004-7/default.asp http://www.legislation.act.gov.au/a/2004-7/default.asp http://www.legislation.act.gov.au/a/2004-7/default.asp Certain dangerous substances Chapter 2 Important concepts Part 2.1 Definitions for ch 2 Division 2.1.2 Section 203 R27 29/08/16 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 page 9 Unauthorised version prepared by ACT Parliamentary Counsel's Office (b) 1 or more of the following (the applicable rules) apply to the vehicle, the substances making up the vehicle’s load or the way the substances are being handled: (i) the International Air Transport Association Regulations; (ii) the International Civil Aviation Organization Standards; (iii) the International Maritime Dangerous Goods Code; and (c) the vehicle, the substances making up the vehicle’s load and the way the substances are being handled comply with the applicable rules. Note See the Dangerous Goods (Road Transport) Act 2009 for the transport by road of certain dangerous substances that are classified as dangerous goods under that Act. Division 2.1.2 Definitions for ch 2 203 Definitions—ch 2 In this chapter: C1 combustible liquid means a combustible liquid with a flashpoint of 150C or less. C2 combustible liquid means a combustible liquid with a flashpoint of more than 150C. capacity, of a container, means the total internal volume of the container at 15˚C, expressed in litres or cubic metres. class, of a dangerous substance of a particular kind, has the meaning given by the Australian Dangerous Goods Code for dangerous goods of the same kind. Note 1 See the Australian Dangerous Goods Code, div 2.1. Note 2 The notes to s 200 (Application—ch 2) indicate which classes of dangerous substance this chapter applies to. http://www.legislation.act.gov.au/a/2009-34 Chapter 2 Certain dangerous substances Part 2.1 Important concepts Division 2.1.2 Definitions for ch 2 Section 203 page 10 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 R27 29/08/16 Unauthorised version prepared by ACT Parliamentary Counsel's Office class label, for a class of dangerous substances of a particular kind, means the class label required by the Australian Dangerous Goods Code for dangerous goods of the same kind. Note See the Australian Dangerous Goods Code, cl 7.1.1 and table 7.1. combustible liquid means a combustible liquid under Australian Standard 1940. compatible—2 substances are compatible if they do not react together to cause a fire, explosion, harmful reaction or the evolution of flammable, toxic or corrosive vapours. Examples of substances that are not compatible 1 concentrated strong acids and concentrated strong alkalis 2 cyanides and acids Note An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132). container, for a dangerous substance, means anything in or by which the substance is completely or partly cased, covered, enclosed, contained or packed. dangerous substance means a dangerous substance to which this chapter applies under section 200. Note See also the Act, s 10, def dangerous substance. emergency plan, for div 2.8.2 (Manifest quantity registrable premises—emergency plans)—see section 273. emergency service—see the Emergencies Act 2004, dictionary. fire risk dangerous substance means a dangerous substance that burns readily or supports combustion, if the substance— (a) is of class 2.1, 3, 4 or 5; or (b) has a subsidiary risk of 2.1, 3, 4 or 5. http://www.legislation.act.gov.au/a/2001-14 http://www.legislation.act.gov.au/a/2004-7/default.asp http://www.legislation.act.gov.au/a/2004-28 Certain dangerous substances Chapter 2 Important concepts Part 2.1 Definitions for ch 2 Division 2.1.2 Section 203 R27 29/08/16 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 page 11 Unauthorised version prepared by ACT Parliamentary Counsel's Office flashpoint, of a liquid, means the temperature at which the liquid first evolves vapour in a sufficient quantity to be ignited when tested in accordance with— (a) AS/NZS 2106 (Methods for the determination of the flash point of flammable liquids (closed cup)); or (b) a technical standard that provides a test corresponding to the test under AS/NZS 2106. health and safety representative—see the Work Health and Safety Act 2011, dictionary. importer, of a dangerous substance, means a person in control of the import of the substance. Note The following terms are defined in the Act:  person in control (see Act, s 17)  import (see Act, dict). in transit—a dangerous substance at premises is in transit while— (a) it has remained at the premises for 5 days or less; and (b) it has not been used at the premises; and (c) for a substance that arrived at the premises in a closed package—the package remains unopened. manifest quantity—see section 205. manifest quantity registrable premises—see section 209. manufacturer, of a dangerous substance, means a person in control of the manufacture of the substance. Note The following terms are defined in the Act:  person in control (see Act, s 17)  manufacture (see Act, dict). non-registrable premises—see section 210. http://www.legislation.act.gov.au/a/2011-35 http://www.legislation.act.gov.au/a/2011-35 http://www.legislation.act.gov.au/a/2004-7/default.asp http://www.legislation.act.gov.au/a/2004-7/default.asp http://www.legislation.act.gov.au/a/2004-7/default.asp http://www.legislation.act.gov.au/a/2004-7/default.asp Chapter 2 Certain dangerous substances Part 2.1 Important concepts Division 2.1.2 Definitions for ch 2 Section 203 page 12 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 R27 29/08/16 Unauthorised version prepared by ACT Parliamentary Counsel's Office package, of a dangerous substance— (a) means the complete product of the packing of the substance; and (b) consists of the substance and its packaging. packaged—a dangerous substance is packaged if it is in a container— (a) for a class 2 dangerous substance—with a capacity of not more than 500L; or (b) for a dangerous substance of another kind—with a capacity of not more than 450L or a net mass of not more than 400kg. packaging, of a dangerous substance— (a) means the container in which the substance is handled; and (b) includes anything that enables the container to receive or hold the substance, or to be closed. packing group, for a dangerous substance of a particular kind, has the meaning given by the Australian Dangerous Goods Code in relation to dangerous goods of the same kind. pipework means any of the following, if used in association with a dangerous substance: (a) a pipe or an assembly of pipes; (b) associated pipe fittings, valves or pipe accessories. placard quantity—see section 204. placard quantity notice—see section 261. placard quantity register—see section 260. Certain dangerous substances Chapter 2 Important concepts Part 2.1 Definitions for ch 2 Division 2.1.2 Section 203 R27 29/08/16 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 page 13 Unauthorised version prepared by ACT Parliamentary Counsel's Office proper shipping name, of a dangerous substance of a particular kind, has the meaning given by the Australian Dangerous Goods Code for dangerous goods of the same kind. Note See the Australian Dangerous Goods Code, cl 2.2.1. registrable premises—see section 208. retailer, of a dangerous substance, means a person in control of the retail supply of the substance. Note The following terms are defined in the Act:  person in control (see Act, s 17)  supply (see Act, dict). risk assessment, for a hazard at premises—see section 222 (Risk assessment—making). safety data sheet (or SDS)—see section 215. Note Safety data sheets are referred to in some corresponding laws and the National Standard for the Storage and Handling of Workplace Dangerous Goods as material safety data sheets. SDS—see section 215. subsidiary risk, for a dangerous substance of a particular kind, has the meaning given by the Australian Dangerous Goods Code in relation to dangerous goods of the same kind. subsidiary risk label, for a dangerous substance of a particular kind, means the subsidiary risk label required by the Australian Dangerous Goods Code for dangerous goods of the same kind. Note See the Australian Dangerous Goods Code, cl 7.1.1 and table 7.2. supplier, of a dangerous substance, means a person in control of the supply of the substance. Note The following terms are defined in the Act:  person in control (see Act, s 17)  supply (see Act, dict). http://www.legislation.act.gov.au/a/2004-7/default.asp http://www.legislation.act.gov.au/a/2004-7/default.asp http://www.legislation.act.gov.au/a/2004-7/default.asp http://www.legislation.act.gov.au/a/2004-7/default.asp Chapter 2 Certain dangerous substances Part 2.1 Important concepts Division 2.1.3 Quantities of dangerous substances Section 204 page 14 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 R27 29/08/16 Unauthorised version prepared by ACT Parliamentary Counsel's Office tank means a container containing a dangerous substance— (a) for a class 2 dangerous substance—with a capacity of more than 500L; or (b) for any other dangerous substance—with a capacity of more than 450L or a net mass of more than 400kg. transfer, of a dangerous substance, means a process that involves— (a) the filling, loading, pumping or pouring of the substance into a container; or (b) the discharging, unloading, pumping or pouring of the substance from a container. Note Transit—see in transit. Division 2.1.3 Quantities of dangerous substances 204 Meaning of placard quantity—ch 2 (1) For this chapter, a placard quantity of a dangerous substance to which an item in schedule 1, table 1.1 (other than item 4 or 6) applies is the total quantity of the dangerous substance stated in the item as the placard quantity for the substance (in relation to any relevant packing group or groups). (2) For this chapter— (a) a reference to the placard quantity, at particular premises, of a dangerous substance to which schedule 1, table 1.1, item 4 or 6 applies includes a reference to the total quantity stated in the item as the placard quantity for all the substances to which the item applies, taken together, that are handled at the premises; and Certain dangerous substances Chapter 2 Important concepts Part 2.1 Quantities of dangerous substances Division 2.1.3 Section 205 R27 29/08/16 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 page 15 Unauthorised version prepared by ACT Parliamentary Counsel's Office (b) in the application of paragraph (a), the reference in this chapter to the substance is taken to be a reference to all the substances to which the item applies that are handled at the premises. Note 1 If the total quantity of dangerous substances is made up of quantities of some substances worked out under sch 1 in kilograms and others worked out under sch 1 in litres, the total quantity is worked out by adding the total number of kilograms to the total number of litres (see s 206). Note 2 Sch 1, table 1.1, item 4 applies to mixed classes of dangerous substances. Note 3 Sch 1, table 1.1, item 6 applies to combustible liquids that are handled with fire risk dangerous substances. 205 Meaning of manifest quantity—ch 2 (1) For this chapter, a manifest quantity of a dangerous substance to which an item in schedule 1, table 1.1 (other than item 4 or 6) applies is the total quantity of the dangerous substance stated in the item as the manifest quantity for the substance (in relation to any relevant packing group or groups). (2) For this chapter— (a) a reference to the manifest quantity, at particular premises, of a dangerous substance to which schedule 1, table 1.1, item 4 or 6 applies includes a reference to the total quantity stated in the item as the manifest quantity for all the substances to which the item applies, taken together, that are handled at the premises; and Chapter 2 Certain dangerous substances Part 2.1 Important concepts Division 2.1.3 Quantities of dangerous substances Section 206 page 16 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 R27 29/08/16 Unauthorised version prepared by ACT Parliamentary Counsel's Office (b) in the application of paragraph (a), the reference in this chapter to the substance is taken to be a reference to all the substances to which the item applies that are handled at the premises. Note 1 If the total quantity of dangerous substances is made up of quantities of some substances worked out under sch 1 in kilograms and others worked out under sch 1 in litres, the total quantity is worked out by adding the total number of kilograms to the total number of litres (see s 206). Note 2 Sch 1, table 1.1, item 4 applies to mixed classes of dangerous substances. Note 3 Sch 1, table 1.1, item 6 applies to combustible liquids that are handled with fire risk dangerous substances. 206 Meaning of total quantity—ch 2 For this chapter, if the quantity of dangerous substances of some kinds is measured in kilograms, and the quantity of dangerous substances of other kinds is measured in litres, the total quantity of both kinds of substances, taken together, is the number of kilograms added to the number of litres. Example Under section 261 (Registration—placard quantity notices), a person in control of premises commits an offence if the total quantity of dangerous substances at the premises is at least the placard quantity, and the premises are not registered under part 2.6. The placard quantity of class 9 dangerous substances in packing group II is 1 000kg or L (see sch 1, table 1.1, item 3). Samara is a person in control of premises where there is 750kg of a particular kind of class 9 dangerous substance and 800L of another kind of class 9 dangerous substance (each in packing group II). There are no other dangerous substances at the premises. Certain dangerous substances Chapter 2 Important concepts Part 2.1 Premises Division 2.1.4 Section 207 R27 29/08/16 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 page 17 Unauthorised version prepared by ACT Parliamentary Counsel's Office The total quantity of class 9 dangerous substances (of packing group II) stored at the premises is 1 550kg or L (750kg + 800L). This exceeds the placard quantity for those substances (see section 204, def placard quantity). Accordingly, Samara must register the premises under part 2.6 to avoid committing an offence against section 261 (Registration—placard quantity notices) while storing that quantity of those substances there. Note 1 The applicable methods for working out quantities of dangerous substances are set out in sch 1 (Dangerous substances—quantity) (see s 207 (Working out quantities—ch 2)). Note 2 An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132). 207 Working out quantities—ch 2 For this chapter, schedule 1 (Dangerous substances—quantity) sets out the methods to be applied in working out quantities of dangerous substances. Division 2.1.4 Premises 208 Meaning of registrable premises—ch 2 For this chapter, premises are registrable premises if a dangerous substance is present, or is likely to be present, at the premises in at least the placard quantity. 209 Meaning of manifest quantity registrable premises—ch 2 For this chapter, premises are manifest quantity registrable premises if a dangerous substance is present, or is likely to be present, at the premises in at least the manifest quantity. Note All manifest quantity registrable premises are also registrable premises, because all manifest quantities listed in sch 1, table 1.1 are greater than the placard quantities listed in the schedule that qualify premises as registrable premises (see section 208 (Meaning of registrable premises)). http://www.legislation.act.gov.au/a/2001-14 Chapter 2 Certain dangerous substances Part 2.1 Important concepts Division 2.1.4 Premises Section 210 page 18 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 R27 29/08/16 Unauthorised version prepared by ACT Parliamentary Counsel's Office 210 Meaning of non-registrable premises—ch 2 For this chapter, premises are non-registrable premises if— (a) a dangerous substance is present, or is likely to be present, at the premises; but (b) the premises are not registrable premises. Certain dangerous substances Chapter 2 Manufacturers, importers and suppliers Part 2.2 Packing, marking and supply Division 2.2.1 Section 211 R27 29/08/16 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 page 19 Unauthorised version prepared by ACT Parliamentary Counsel's Office Part 2.2 Manufacturers, importers and suppliers Division 2.2.1 Packing, marking and supply 211 Correct classification—Act, s 13 A dangerous substance is correctly classified if— (a) the substance can be classified under the Australian Dangerous Goods Code; and (b) the correct UN number, class, subsidiary risk and packing group have been given to the substance under the Australian Dangerous Goods Code. Note 1 See Australian Dangerous Goods Code, cl 1.1.3, def Class, Packing Group, Subsidiary Risk and UN Number, and appendix 2. Note 2 Under the Act, s 13 (1) (a), a dangerous substance is correctly classified if it is classified in accordance with the regulations. For the Act, s 26, s 27 or s 28, a manufacturer, importer or supplier of the substance must ensure that it is correctly classified. Failure to comply may be an offence against the Act, pt 3.2. 212 Correct packing—Act, s 14 (1) A dangerous substance (other than a substance mentioned in subsection (2)) is correctly packed if the Australian Dangerous Goods Code is complied with for— (a) the condition of the substance; and (b) the packaging containing the substance. Note See the Australian Dangerous Goods Code, ch 3 (Packaging). (2) A dangerous substance that is a good too dangerous to be transported or a C1 combustible liquid is correctly packed if the substance is packed in packaging that is of a type and in a condition that will hold the substance and not react adversely with it. http://www.legislation.act.gov.au/a/2004-7/default.asp http://www.legislation.act.gov.au/a/2004-7/default.asp http://www.legislation.act.gov.au/a/2004-7/default.asp Chapter 2 Certain dangerous substances Part 2.2 Manufacturers, importers and suppliers Division 2.2.1 Packing, marking and supply Section 213 page 20 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 R27 29/08/16 Unauthorised version prepared by ACT Parliamentary Counsel's Office (3) This section does not apply to the packing of a dangerous substance if section 214 (Supply by retailer in consumer’s container—Act, s 14) applies to the supply of the substance. Note Under the Act, s 14 (1), a dangerous substance is correctly packed if it is packed in accordance with the regulations. For the Act, s 26, s 27 or s 28, a manufacturer, importer or supplier of the substance must ensure that it is correctly packed. Failure to comply may be an offence against the Act, pt 3.2. 213 Correct labelling—Act, s 14 (1) A dangerous substance (other than a substance mentioned in subsection (2)) is correctly labelled if the Australian Dangerous Goods Code is complied with for the marking on the package of the substance. Note See the Australian Dangerous Goods Code, ch 7 (Marking and placarding). (2) A dangerous substance that is a good too dangerous to be transported or a C1 combustible liquid is correctly labelled if the package of the substance is clearly labelled with the substance’s name. (3) This section does not apply to the labelling of a dangerous substance if section 214 (Supply by retailer in consumer’s container—Act, s 14) applies to the supply of the substance. Note Under the Act, s 14 (2) (a), a dangerous substance is correctly labelled if it is labelled in accordance with the regulations. For the Act, s 26, s 27 or s 28, a manufacturer, importer or supplier of the substance must ensure that it is correctly labelled. Failure to comply may be an offence against the Act, pt 3.2. http://www.legislation.act.gov.au/a/2004-7/default.asp http://www.legislation.act.gov.au/a/2004-7/default.asp http://www.legislation.act.gov.au/a/2004-7/default.asp http://www.legislation.act.gov.au/a/2004-7/default.asp http://www.legislation.act.gov.au/a/2004-7/default.asp http://www.legislation.act.gov.au/a/2004-7/default.asp Certain dangerous substances Chapter 2 Manufacturers, importers and suppliers Part 2.2 Packing, marking and supply Division 2.2.1 Section 214 R27 29/08/16 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 page 21 Unauthorised version prepared by ACT Parliamentary Counsel's Office 214 Supply by retailer in consumer’s container—Act, s 14 (1) This section applies if a retailer of a dangerous substance supplies the substance to a person in a container supplied by the person, with— (a) for a class 2 dangerous substance—a capacity of not more than 500L; or (b) for any other dangerous substance—a capacity of not more than 450L, or a net mass of not more than 400kg. (2) The dangerous substance is correctly packed if— (a) for a class 2 dangerous substance—the container is packaging that meets the requirements of the Australian Dangerous Goods Code for class 2 dangerous goods; or (b) for another dangerous substance, the container— (i) is of a type and in a condition that will hold the substance and not react adversely with it; and (ii) has the name of the substance clearly marked on the container; and (iii) is not ordinarily used to hold foodstuffs, and cannot be mistakenly identified as containing foodstuffs. Note 1 For par (a), see the Australian Dangerous Goods Code, ch 3 (Packaging). Note 2 Under the Act, s 14 (1) (a), a dangerous substance is correctly packed if it is packed in accordance with the regulations. For the Act, s 28, a supplier of the substance who is a retailer of the substance must ensure that it is correctly packed. Failure to comply may be an offence against the Act, pt 3.2. http://www.legislation.act.gov.au/a/2004-7/default.asp http://www.legislation.act.gov.au/a/2004-7/default.asp http://www.legislation.act.gov.au/a/2004-7/default.asp Chapter 2 Certain dangerous substances Part 2.2 Manufacturers, importers and suppliers Division 2.2.2 Safety data sheets Section 215 page 22 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 R27 29/08/16 Unauthorised version prepared by ACT Parliamentary Counsel's Office Division 2.2.2 Safety data sheets 215 SDS preparation and review—Act, s 26 (1) (e) and s 27 (1) (e) (1) A manufacturer or importer of a dangerous substance must— (a) prepare a document that complies with this section (a safety data sheet or SDS) for the substance— (i) before first manufacturing or importing the substance; or (ii) if that is not practicable—as soon as practicable after first manufacturing or importing the substance; and (b) review the safety data sheet at least once every 5 years; and (c) amend the safety data sheet whenever necessary to ensure that it contains correct current information. Example for par (a) (ii) It may not be practicable to prepare a safety data sheet before first manufacturing a dangerous substance if the substance is discovered through research. Note 1 For the Act, s 26 or s 27, a manufacturer or importer of a dangerous substance must ensure that the safety information prescribed by regulation is prepared and kept up to date in accordance with the regulations. Failure to comply may be an offence against the Act, pt 3.2. Note 2 An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132). (2) A safety data sheet for a dangerous substance must— (a) be in English; and (b) contain unit measures expressed in Australian legal units of measurement under the National Measurement Act 1960 (Cwlth); and http://www.legislation.act.gov.au/a/2004-7/default.asp http://www.legislation.act.gov.au/a/2004-7/default.asp http://www.legislation.act.gov.au/a/2001-14 http://www.comlaw.gov.au/Series/C1960A00064 Certain dangerous substances Chapter 2 Manufacturers, importers and suppliers Part 2.2 Safety data sheets Division 2.2.2 Section 215 R27 29/08/16 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 page 23 Unauthorised version prepared by ACT Parliamentary Counsel's Office (c) state the date it was last reviewed or, if it has not been reviewed, the date it was prepared; and (d) state the product name for the substance; and (e) unless the substance is a good too dangerous to be transported—state the proper shipping name, UN number, class, subsidiary risk and packing group of the substance; and (f) if the substance is a good too dangerous to be transported— state the name of the substance as mentioned in the Australian Dangerous Goods Code, appendix 5; and (g) state the following information about the substance: (i) the chemical and physical properties; (ii) the health and safety hazards; (iii) how it may be safely used; (iv) first-aid information; and (h) state the manufacturer’s or importer’s name, Australian address and Australian telephone number; and (i) state the following information about the substance: (i) the chemical name of the ingredients of the substance or, if the identity of an ingredient is commercially confidential, the generic name for the ingredient; (ii) the proportion or the proportion ranges of the ingredients in the substance. (3) However, subsection (2) (i) does not apply if— (a) the manufacturer or importer considers giving the information about an ingredient would cause commercial disadvantage; and (b) the ingredient is not a dangerous substance; and (c) the ingredient does not have a known synergistic effect; and Chapter 2 Certain dangerous substances Part 2.2 Manufacturers, importers and suppliers Division 2.2.2 Safety data sheets Section 216 page 24 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 R27 29/08/16 Unauthorised version prepared by ACT Parliamentary Counsel's Office (d) the safety data sheet includes either of the following statements: (i) ‘other ingredients determined not to be dangerous substances’; (ii) ‘other ingredients determined not to be dangerous goods’. 216 SDS prepared under corresponding law (1) Section 215 (Preparing, amending and reviewing safety data sheets) does not apply to a manufacturer or importer of a dangerous substance if the manufacturer or importer has already prepared a document corresponding to a safety data sheet for the substance under a corresponding law. (2) In this section: corresponding law means any of the following laws that provides for the preparation of a document corresponding to a safety data sheet for the substance: (a) another law of the Territory; (b) a law of the Commonwealth, a State or another Territory. 217 Provision of SDS by manufacturer, importer or supplier— Act, s 26 (1) (e), s 27 (1) (e) and s 28 (1) (e) (1) A manufacturer, importer or supplier of a dangerous substance must ensure that a copy of the current safety data sheet for the substance is provided— (a) to a person on or before the first occasion the substance is supplied to the person for use; and (b) if the safety data sheet is amended under section 215 (SDS preparation and review—Act, s 26 (1) (e) and s 27 (1) (e)—to a person on or before the first occasion the substance is supplied to the person after the amendment for use; and http://www.legislation.act.gov.au/a/2004-7/default.asp Certain dangerous substances Chapter 2 Manufacturers, importers and suppliers Part 2.2 Safety data sheets Division 2.2.2 Section 218 R27 29/08/16 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 page 25 Unauthorised version prepared by ACT Parliamentary Counsel's Office (c) on request— (i) to the person in control of any premises where the substance is handled; or (ii) to the director-general. Note For the Act, s 26, s 27 or s 28, a manufacturer, importer or supplier of a dangerous substance must ensure that the safety information prescribed by regulation is prepared and kept up to date in accordance with the regulations. Failure to comply may be an offence against the Act, pt 3.2. (2) Subsection (1) does not apply to a supplier if— (a) the supplier is a retailer and the dangerous substance is packaged; or Note A dangerous substance is packaged if it is in a container of a defined limited capacity (see s 203 (Definitions—ch 2)). (b) the supplier is a retailer supplying fuel to a vehicle; or (c) the supplier is a retailer to whom section 214 (Supply by retailer in consumer’s container, Act, s 14) applies. 218 Additional information for doctors—Act, s 26 (1) (e) and s 27 (1) (e) (1) This section applies if— (a) the chemical name of an ingredient of a dangerous substance is not stated on the safety data sheet for the substance or the marking on the package of the substance; and Note Section 215 (3) (SDS preparation and review—Act, s 26 (1) (e) and s 27 (1) (e)) provides that the manufacturer or importer need not list a chemical ingredient of a dangerous substance in the SDS for the substance in certain circumstances. (b) a doctor believes on reasonable grounds that knowing the chemical name of the ingredient may help the doctor to treat a patient; and http://www.legislation.act.gov.au/a/2004-7/default.asp http://www.legislation.act.gov.au/a/2004-7/default.asp Chapter 2 Certain dangerous substances Part 2.2 Manufacturers, importers and suppliers Division 2.2.2 Safety data sheets Section 219 page 26 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 R27 29/08/16 Unauthorised version prepared by ACT Parliamentary Counsel's Office (c) the doctor asks a manufacturer or importer of the substance for the chemical name of the ingredient. (2) The manufacturer or importer must immediately comply with the doctor’s request. Maximum penalty: 15 penalty units. Note For the Act, s 26 or s 27, a manufacturer or importer of a dangerous substance must ensure that the safety information prescribed by regulation is supplied in accordance with the regulations. Failure to comply may be an offence against the Act, pt 3.2. (3) An offence against this section is a strict liability offence. 219 Additional information for people responsible for health and safety—Act, s 26 (1) (e) and s 27 (1) (e) (1) This section applies if— (a) the chemical name of an ingredient of a dangerous substance is not stated on the safety data sheet for the substance or the marking on the package of the substance; and Note Section 215 (3) (SDS preparation and review—Act, s 26 (1) (e) and s 27 (1) (e)) provides that the manufacturer or importer need not list a chemical ingredient of a dangerous substance in the SDS for the substance in certain circumstances. (b) a responsible person believes on reasonable grounds that making a request under this section to a manufacturer or importer of the substance for the chemical name of the ingredient is justified; and (c) the responsible person makes the request, stating the reasons for the request. (2) For this section, the request is justified only if knowing the chemical name of the ingredient would help protect the health of a person (the exposed person) who may be exposed to the substance through its use at premises where the exposed person works. http://www.legislation.act.gov.au/a/2004-7/default.asp http://www.legislation.act.gov.au/a/2004-7/default.asp Certain dangerous substances Chapter 2 Manufacturers, importers and suppliers Part 2.2 Safety data sheets Division 2.2.2 Section 219 R27 29/08/16 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 page 27 Unauthorised version prepared by ACT Parliamentary Counsel's Office (3) The manufacturer or importer must give the responsible person a written response to the request in accordance with subsection (4) within 30 days after the day the request is received. Maximum penalty: 15 penalty units. Note For the Act, s 26 or s 27, a manufacturer or importer of a dangerous substance must ensure that the safety information prescribed by regulation is supplied in accordance with the regulations. Failure to comply may be an offence against the Act, pt 3.2. (4) The response to the request must— (a) disclose the chemical name of the ingredient; or (b) if the manufacturer or importer is not satisfied that the request is justified— (i) state that the request is refused, giving reasons, supported by evidence; and (ii) give alternative information, without disclosing the chemical name of the ingredient, that the manufacturer or importer believes on reasonable grounds would help protect the health of the exposed person. (5) If the manufacturer or importer tells the responsible person the chemical name of the ingredient, the responsible person must not disclose the name for any purpose except protecting the health of any exposed person. Maximum penalty: 15 penalty units. (6) An offence against this section is a strict liability offence. http://www.legislation.act.gov.au/a/2004-7/default.asp http://www.legislation.act.gov.au/a/2004-7/default.asp Chapter 2 Certain dangerous substances Part 2.2 Manufacturers, importers and suppliers Division 2.2.2 Safety data sheets Section 219 page 28 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 R27 29/08/16 Unauthorised version prepared by ACT Parliamentary Counsel's Office (7) In this section: responsible person means— (a) a person in control of premises where the exposed person works; or (b) a health and safety representative of the employees at the premises where the exposed person works; or (c) the director-general. Certain dangerous substances Chapter 2 Registrable premises—safety management systems Part 2.3 Section 220 R27 29/08/16 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 page 29 Unauthorised version prepared by ACT Parliamentary Counsel's Office Part 2.3 Registrable premises—safety management systems 220 Safety management systems—Act, s 19 (1) (e) (1) A safety management system for handling a dangerous substance at registrable premises must be prepared, documented and implemented in accordance with this part. (2) Subsection (1) applies in addition to the requirements of the Act, section 19 (1) (a) to (d) in relation to a safety management system for the substance. Note Under the Act, s 19 (1) (e), a safety management system for a dangerous substance must comply with requirements prescribed by regulation. For the Act, s 31, a person in control of premises where there is a dangerous substance must ensure that there is a safety management system for the substance at the premises, and that the system is implemented for the premises. Failure to comply may be an offence against the Act, pt 3.2. 221 Hazard identification—Act, s 19 (2) (c) (1) This section applies if a person in control of registrable premises is— (a) preparing a safety management system for the premises; and (b) for that purpose, identifying the hazards associated with a dangerous substance at the premises. (2) In identifying the hazards associated with the substance, the person in control of the premises must consider the following: (a) the information in the safety data sheet for the substance and any other information known to the person about the hazardous properties of the substance; http://www.legislation.act.gov.au/a/2004-7/default.asp http://www.legislation.act.gov.au/a/2004-7/default.asp http://www.legislation.act.gov.au/a/2004-7/default.asp http://www.legislation.act.gov.au/a/2004-7/default.asp Chapter 2 Certain dangerous substances Part 2.3 Registrable premises—safety management systems Section 221 page 30 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 R27 29/08/16 Unauthorised version prepared by ACT Parliamentary Counsel's Office (b) any structures, plant, and systems that are not used to handle the substance, but that could interact with the substance at the premises; (c) any manufacturing and transport processes involving the substance at the premises; (d) the physical location and arrangement of areas, structures and safety and health systems at the premises; (e) any incidents involving the substance— (i) that have happened at the premises; or (ii) that may reasonably be expected to be known to the person. Examples for par (e) (ii) 1 an incident that happened at other premises while the person was in control of those premises 2 an incident described in an occupational health and safety alert bulletin sent to the premises, or to other premises, while the person was in control of the premises or other premises Note An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132). (3) A person in control of registrable premises where there is a dangerous substance must take all reasonable steps to find out about the hazardous properties of the substance. Maximum penalty: 15 penalty units. (4) An offence against this section is a strict liability offence. Note 1 The safety management system must, among other things, identify the hazards associated with the substance, having regard to the current state of knowledge about the hazards (see Act, s 19 (1) (a)). The safety management system must also comply with this part (see s 220 (Safety management systems—Act, s 19 (1) (e)) and Act, s 19 (1) (e)). http://www.legislation.act.gov.au/a/2001-14 http://www.legislation.act.gov.au/a/2004-7/default.asp http://www.legislation.act.gov.au/a/2004-7/default.asp Certain dangerous substances Chapter 2 Registrable premises—safety management systems Part 2.3 Section 222 R27 29/08/16 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 page 31 Unauthorised version prepared by ACT Parliamentary Counsel's Office Note 2 In addition to the considerations mentioned in this section, the Act, s 19 (2) sets out further matters that must be considered in identifying hazards associated with a dangerous substance as follows:  the chemical and physical properties of the substance (s 19 (2) (a))  any chemical or physical reactions that may happen if the substance comes into contact with other substances (s 19 (2) (b))  the premises, plant and systems for handling the substance (s 19 (2) (c)) 222 Risk assessment—making (1) If a hazard associated with a dangerous substance is identified at registrable premises, a person in control of the premises must ensure that— (a) a written assessment is made of the risks associated with the hazard (a risk assessment) in accordance with subsection (2); and (b) a dated copy of the risk assessment is kept at the premises. Note If a person stops being in control of registrable premises, the copy of the risk assessment must continue to be kept at the premises (see s 250 (Records—change of person in control)). (2) The person in control of the premises must, in the risk assessment, state the methods considered, and those used, to control the risks associated with the hazard. 223 Risk assessment—availability (1) This section applies if a risk assessment has been made for a hazard at registrable premises. (2) A person in control of the premises must ensure that a copy of the risk assessment, as amended after any review under this part, is made available to anyone likely to be exposed to the hazard while working at the premises. http://www.legislation.act.gov.au/a/2004-7/default.asp Chapter 2 Certain dangerous substances Part 2.3 Registrable premises—safety management systems Section 224 page 32 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 R27 29/08/16 Unauthorised version prepared by ACT Parliamentary Counsel's Office 224 Risk assessment—regular review (1) This section applies if— (a) a risk assessment has been made for a hazard associated with a dangerous substance at registrable premises; and (b) either— (i) there is a significant change to a process, system or procedure in relation to the handling of the substance at the premises; or (ii) there is evidence to indicate that the risk assessment no longer adequately assesses the risk associated with the hazard. (2) A person in control of the premises must ensure that— (a) the risk assessment for the hazard at the premises is reviewed; and (b) a dated record of the review is kept at the premises; and (c) if the review results in an amendment to the risk assessment—a copy of the risk assessment as amended, indicating the date of amendment, is kept at the premises. Note If a person stops being in control of registrable premises, the record of the review and (if applicable) the copy of the amended risk assessment must continue to be kept at the premises (see s 250 (Records—change of person in control)). 225 Risk assessment—5-year review (1) This section applies if a risk assessment has been made for a hazard at registrable premises. (2) A person in control of the premises must ensure that— (a) the risk assessment for the premises is reviewed within— (i) 5 years after the day it was made; or Certain dangerous substances Chapter 2 Registrable premises—safety management systems Part 2.3 Section 226 R27 29/08/16 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 page 33 Unauthorised version prepared by ACT Parliamentary Counsel's Office (ii) if it has been reviewed after it was made (including a review under this section)—5 years after the day the dated record was made of its last review; and (b) a dated record of the review is kept at the premises; and (c) if the review results in an amendment to the risk assessment—a copy of the risk assessment as amended, indicating the date of amendment, is kept at the premises. Note If a person stops being in control of registrable premises, the record of the review and (if applicable) the copy of the amended risk assessment must continue to be kept at the premises (see s 250 (Records—change of person in control)). 226 Consultation with employees (1) A person in control of registrable premises must consult with the following people about the matters mentioned in subsection (2): (a) the employees; (b) any health and safety representative of the employees. (2) For subsection (1), the consultation must be about the following: (a) induction, training, information provision, hazard identification, risk assessment and risk control in relation to the substance; (b) any proposed changes to structures, plant, processes or systems of work that are likely to increase the risk to the employees consulted. (3) In this section: employee, in relation to registrable premises, means an individual employed under a contract of service to work at the premises. Chapter 2 Certain dangerous substances Part 2.3 Registrable premises—safety management systems Section 227 page 34 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 R27 29/08/16 Unauthorised version prepared by ACT Parliamentary Counsel's Office 227 Substitution and reduction To eliminate the hazards associated with handling a dangerous substance at registrable premises, or to minimise the risks associated with the hazards, a person in control of the premises must consider both of the following: (a) substituting an alternative substance (whether or not the substance is a dangerous substance) that has a lower risk associated with its handling; (b) reducing the quantity of the substance that is handled at the premises. Certain dangerous substances Chapter 2 Registrable premises—risk control Part 2.4 Registrable premises—isolation, stability and interaction Division 2.4.1 Section 228 R27 29/08/16 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 page 35 Unauthorised version prepared by ACT Parliamentary Counsel's Office Part 2.4 Registrable premises—risk control Division 2.4.1 Registrable premises—isolation, stability and interaction 228 Isolation (1) A person in control of registrable premises must ensure that the risk to people or property outside the premises from any dangerous occurrence resulting from the handling at the premises of a dangerous substance— (a) is eliminated; or (b) if it is not practicable to eliminate the risk—is reduced as far as practicable by the physical separation of the substance from the people or property by distance or physical barriers, or both. Maximum penalty: 30 penalty units. (2) An offence against this section is a strict liability offence. 229 Stability (1) A person in control of registrable premises must ensure that a dangerous substance handled at the premises does not become unstable, decompose or change so as to— (a) create a hazard that is different from the hazard originally created by the substance; or (b) increase the risk associated with any hazard in relation to the substance. Maximum penalty: 30 penalty units. Chapter 2 Certain dangerous substances Part 2.4 Registrable premises—risk control Division 2.4.1 Registrable premises—isolation, stability and interaction Section 229 page 36 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 R27 29/08/16 Unauthorised version prepared by ACT Parliamentary Counsel's Office (2) A person in control of registrable premises must ensure that— (a) if the stability of a dangerous substance handled at the premises is dependent on the maintenance of levels of stabilisers—the levels are maintained as stated by the manufacturer of the goods; and (b) if a dangerous substance is required to be stored at the premises below a particular control temperature stated by the manufacturer—the substance is stored below that temperature. Example for par (b) Organic peroxides are dangerous substances. Their manufacturer states in the SDS for the substances that they must be stored below their self accelerating decomposition temperature. A person in control of the premises must ensure that they are stored at a temperature below their self accelerating decomposition temperature. Maximum penalty: 30 penalty units. Note An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132). (3) An offence against this section is a strict liability offence. (4) This section does not apply to a dangerous substance if the substance is about to be used in a manufacturing process. (5) In this section: stabiliser, in relation to a dangerous substance, means a substance added to, or present in, the substance to overcome chemical instability inherent in the substance. Examples of stabilisers 1 diluents 2 inhibitors 3 desensitisers 4 phlegmatisers http://www.legislation.act.gov.au/a/2001-14 Certain dangerous substances Chapter 2 Registrable premises—risk control Part 2.4 Registrable premises—isolation, stability and interaction Division 2.4.1 Section 230 R27 29/08/16 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 page 37 Unauthorised version prepared by ACT Parliamentary Counsel's Office 5 solvents 6 wetting agents 7 adulterants 230 Preventing interaction with other substances (1) A person in control of registrable premises must ensure that a dangerous substance at the premises that is not compatible with another substance at the premises (including another dangerous substance) is stored separately from the other substance. Maximum penalty: 30 penalty units. (2) An offence against this section is a strict liability offence. Note Section 282 (Non-registrable premises—preventing interaction with other substances) imposes the same requirement for non-registrable premises. 231 Preventing contamination of food or personal products (1) A person in control of registrable premises must ensure that a dangerous substance is not handled at the premises so as to contaminate food, food packaging or personal use products. Maximum penalty: 30 penalty units. (2) An offence against this section is a strict liability offence. Note Section 282 (Non-registrable premises—preventing interaction with other substances) imposes the same requirement for non-registrable premises. Chapter 2 Certain dangerous substances Part 2.4 Registrable premises—risk control Division 2.4.2 Registrable premises—plant and structures Section 232 page 38 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 R27 29/08/16 Unauthorised version prepared by ACT Parliamentary Counsel's Office Division 2.4.2 Registrable premises—plant and structures 232 Tanks for bulk dangerous substances (1) A person in control of registrable premises where a dangerous substance is stored in a tank must ensure that— (a) the tank and any associated pipework have stable foundations and supports; and (b) any pipework or equipment connected to the tank is installed so as to prevent excessive stress on the tank, pipework or equipment; and (c) the tank and its associated pipework are protected from corrosion; and (d) the tank and its associated pipework are inspected at intervals that are sufficient to ensure their integrity and serviceability. Maximum penalty: 30 penalty units. (2) A person in control of the premises must ensure that— (a) an inspection mentioned in subsection (1) (d) is recorded; and (b) a record of all inspections of the tank and its associated pipework is kept at the premises while the tank remains in service on the premises. Maximum penalty: 30 penalty units. Note If a person stops being in control of registrable premises, the record must continue to be kept at the premises (see s 250 (Records—change of person in control)). (3) An offence against this section is a strict liability offence. Certain dangerous substances Chapter 2 Registrable premises—risk control Part 2.4 Registrable premises—plant and structures Division 2.4.2 Section 233 R27 29/08/16 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 page 39 Unauthorised version prepared by ACT Parliamentary Counsel's Office 233 Decommissioning (1) This section applies if a container used to store a dangerous substance at registrable premises— (a) is to be disposed of; or (b) is no longer to be used in association with the substance. (2) A person in control of the premises must ensure that— (a) the container is thoroughly cleaned so that the container is in the condition it would be in if it had never contained the substance; and (b) if the dangerous substance is a gas or volatile liquid—the concentration (calculated as the time-weighted average over 8 hours) of the gas or vapour in the atmosphere of the container is less than the concentration listed in the National Exposure Standards for the substance; and (c) if the dangerous substance is of class 2.1 or 3 or subsidiary risk 3 (including a gas or a volatile liquid)—the concentration of the substance (including the vapours of the substance) in the atmosphere in the container is less than 5% of the lower explosive limit for the substance when sampled at ambient temperature. Maximum penalty: 30 penalty units. (3) An offence against subsection (2) is a strict liability offence. Note Section 284 (Non-registrable premises—decommissioning) imposes a similar requirement for non-registrable premises. Chapter 2 Certain dangerous substances Part 2.4 Registrable premises—risk control Division 2.4.2 Registrable premises—plant and structures Section 234 page 40 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 R27 29/08/16 Unauthorised version prepared by ACT Parliamentary Counsel's Office 234 Protection from impact (1) A person in control of registrable premises must ensure that any plant at the premises associated with the handling of a dangerous substance is, as far as practicable, protected against damage from impact with vehicles, or any other plant, at the premises. Maximum penalty: 30 penalty units. (2) An offence against this section is a strict liability offence. Note Plant is defined in the Act, dict to include (among other things) a container or vehicle used for handling dangerous substances. 235 Personal protective or safety equipment (1) This section applies if there are reasonable grounds for a person in control of registrable premises to require personal protective or safety equipment to be used by a person (the exposed person) to eliminate or minimise the risk from a dangerous substance while the exposed person is (or may be) exposed to the substance at the premises. (2) The person in control of the premises must ensure that the exposed person is required to use the equipment while the person is (or may be) exposed to the dangerous substance at the premises. Maximum penalty: 30 penalty units. (3) The person in control of the premises must ensure that the equipment available for use by the exposed person while the exposed person is (or may be) exposed to the substance is— (a) suitable for that use; and (b) undamaged and effective; and (c) maintained in a suitable condition for that use. Maximum penalty: 30 penalty units. http://www.legislation.act.gov.au/a/2004-7/default.asp Certain dangerous substances Chapter 2 Registrable premises—risk control Part 2.4 Registrable premises—lighting, access and security Division 2.4.3 Section 236 R27 29/08/16 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 page 41 Unauthorised version prepared by ACT Parliamentary Counsel's Office (4) A person must not engage in conduct that damages or makes ineffective any personal protective or safety equipment provided at the premises. Maximum penalty: 30 penalty units. (5) An offence against subsection (2) or (3) is a strict liability offence. Note Section 285 (Non-registrable premises—personal protective or safety equipment) imposes the same requirement for non-registrable premises. Division 2.4.3 Registrable premises—lighting, access and security 236 Lighting (1) A person in control of registrable premises must ensure that sufficient and suitable lighting is provided to enable safe access within, to and from each part of the premises where a dangerous substance is handled. Maximum penalty: 20 penalty units. (2) An offence against this section is a strict liability offence. Note Section 286 (Non-registrable premises—lighting) imposes the same requirement for non-registrable premises. 237 Access (1) A person in control of registrable premises must ensure that safe means of access within, to and from each part of the premises where a dangerous substance is handled is provided and maintained. Maximum penalty: 20 penalty units. (2) An offence against this section is a strict liability offence. Note Section 287 (Non-registrable premises—access) imposes the same requirement for non-registrable premises. Chapter 2 Certain dangerous substances Part 2.4 Registrable premises—risk control Division 2.4.4 Registrable premises—spills Section 238 page 42 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 R27 29/08/16 Unauthorised version prepared by ACT Parliamentary Counsel's Office 238 Security (1) This section applies if a person (the unauthorised person) is not authorised by a person in control of registrable premises to have access to a dangerous substance handled at the premises. (2) A person in control of the premises must ensure that the unauthorised person does not have access to the substance. Maximum penalty: 30 penalty units. (3) An offence against this section is a strict liability offence. Note Section 288 (Non-registrable premises—security) imposes the same requirement for non-registrable premises. Division 2.4.4 Registrable premises—spills 239 Spill containment (1) A person in control of registrable premises must ensure that, in each area of the premises where a dangerous substance is handled, provision is made for a spill containment system that— (a) eliminates the risk from any spill or leak of the substance or, if it is not practicable to eliminate the risk, minimises the risk; and (b) would contain within the premises any part of the substance that spills or leaks, and any effluent arising from a spill or leak. Maximum penalty: 30 penalty units. (2) A person in control of registrable premises must ensure that the spill containment system for a tank containing a dangerous substance would not create a hazard by bringing together different kinds of dangerous substances that are not compatible. Maximum penalty: 30 penalty units. Certain dangerous substances Chapter 2 Registrable premises—risk control Part 2.4 Registrable premises—spills Division 2.4.4 Section 240 R27 29/08/16 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 page 43 Unauthorised version prepared by ACT Parliamentary Counsel's Office (3) If there is a spill or leak of a dangerous substance at registrable premises, a person in control of the premises must ensure that— (a) immediate action is taken to eliminate any risk associated with the spill or leak or, if it is not practicable to eliminate the risk, minimise the risk; and (b) the substance and any resulting effluent are, as soon as practicable— (i) cleaned up and disposed of; or (ii) otherwise made safe. Maximum penalty: 30 penalty units. (4) An offence against this section is a strict liability offence. Note Section 289 (Non-registrable premises—spill containment) imposes a similar requirement for non-registrable premises. 240 Transfer of dangerous substances (1) This section applies to the transfer of a dangerous substance— (a) from area to area within registrable premises; or (b) from or into a container at registrable premises. (2) A person in control of the premises must ensure that subsection (3) is complied with to the extent necessary— (a) to eliminate any risk associated with the transfer; or (b) if it is not practicable to eliminate the risk—to minimise the risk. Maximum penalty: 30 penalty units. (3) For subsection (2)— (a) any spills, leaks and overflows because of the transfer must be avoided; and Chapter 2 Certain dangerous substances Part 2.4 Registrable premises—risk control Division 2.4.4 Registrable premises—spills Section 241 page 44 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 R27 29/08/16 Unauthorised version prepared by ACT Parliamentary Counsel's Office (b) any static electricity because of the transfer must be minimised; and (c) any vapour generation because of the transfer must be minimised; and (d) any ignition source to which the substance may be exposed because of the transfer must be eliminated or controlled; and (e) any pipework used in the transfer must be appropriate for the substance and adequate for the transfer. (4) An offence against this section is a strict liability offence. Note Section 290 (Non-registrable premises—transfer of dangerous substances) imposes the same requirement for non-registrable premises. 241 Equipment for clean-ups (1) A person in control of registrable premises must ensure that equipment and materials appropriate for use for the containment and clean-up of spills or leaks at the premises of any dangerous substance are, while the substance is handled at the premises— (a) kept at the premises; and (b) maintained in good condition; and (c) accessible to people at the premises. Maximum penalty: 30 penalty units. Examples of equipment and materials The following equipment and materials may be appropriate in particular circumstances: 1 neutralisers 2 decontaminants 3 pressure relief valves. Note An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132). http://www.legislation.act.gov.au/a/2001-14 Certain dangerous substances Chapter 2 Registrable premises—risk control Part 2.4 Registrable premises—atmospheric risks Division 2.4.5 Section 242 R27 29/08/16 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 page 45 Unauthorised version prepared by ACT Parliamentary Counsel's Office (2) An offence against this section is a strict liability offence. Note Section 290 (Non-registrable premises—transfer of dangerous substances) imposes the same requirement for non-registrable premises. Division 2.4.5 Registrable premises—atmospheric risks 242 Ignition sources (1) A person in control of registrable premises must ensure that— (a) ignition sources in a hazardous area at the premises are eliminated; or (b) if it is not reasonably practicable to eliminate the sources— the risk from the sources is minimised. Maximum penalty: 25 penalty units. (2) An offence against this section is a strict liability offence. (3) In this section: hazardous area means an area— (a) classified as hazardous under either of the following standards: (i) AS/NZS 2430.3 (Classification of hazardous areas); (ii) AS/NZS 60079.10 (Electrical apparatus for explosive gas atmospheres—classification of hazardous areas); or (b) classified under AS/NZS 61241.3 (Electrical apparatus for use in the presence of combustible dust—classification of areas where combustible dusts are or may be present) as an area where combustible dusts are or may be present. Note Section 292 (Non-registrable premises—ignition sources) imposes the same requirement for non-registrable premises. Chapter 2 Certain dangerous substances Part 2.4 Registrable premises—risk control Division 2.4.6 Risk control—fire protection Section 243 page 46 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 R27 29/08/16 Unauthorised version prepared by ACT Parliamentary Counsel's Office 243 Ventilation and atmospheric emissions (1) A person in control of registrable premises must ensure that any risk associated with atmospheric conditions that are flammable, explosive or asphyxiant— (a) is eliminated; or (b) if it is not practicable to eliminate the risk—is minimised. Maximum penalty: 30 penalty units. (2) An offence against this section is a strict liability offence. Note Section 293 (Non-registrable premises—ventilation and atmospheric emissions) imposes the same requirement for non-registrable premises. Division 2.4.6 Risk control—fire protection 244 Fire protection (1) A person in control of registrable premises must ensure that— (a) each area of the premises where a dangerous substance is handled is provided with a fire protection system that— (i) is designed and constructed for the substance in the quantities in which it is handled at the premises, and the conditions under which it is handled; and (ii) uses firefighting methods adapted for the substance and effective in the control of incidents involving the substance in the quantities in which it is handled at the premises; and (b) the fire protection system is— (i) properly installed, tested and maintained; and (ii) accessible at all times to people at the premises and to the emergency services; and Certain dangerous substances Chapter 2 Registrable premises—risk control Part 2.4 Risk control—fire protection Division 2.4.6 Section 244 R27 29/08/16 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 page 47 Unauthorised version prepared by ACT Parliamentary Counsel's Office (c) a dated written record is kept of the testing results and maintenance; and (d) fire hydrants and fire hose coupling points at the premises that may be used by the fire and rescue service or the rural fire service are suitable for use by the fire and rescue service or the rural fire service. Maximum penalty: 30 penalty units. Note If a person stops being in control of registrable premises, the testing and maintenance record must continue to be kept at the premises (see s 250 (Records—change of person in control)). (2) If a part of a fire protection system provided at premises for subsection (1) becomes unserviceable or inoperative, a person in control of the premises must ensure that— (a) the implications of the part being unserviceable or inoperative are assessed; and (b) for risks that were eliminated or minimised by the system when functioning fully, alternative measures are taken in compliance with subsection (3)— (i) to eliminate the risks; or (ii) if it is not practicable to eliminate the risks—to minimise the risks. Maximum penalty: 30 penalty units. (3) For subsection (2), the person in control of the premises must, to the extent necessary to eliminate or minimise the risks mentioned in subsection (2) (b)— (a) provide alternative fire protection measures; and (b) reduce the quantity of the dangerous substance handled at the premises; and Chapter 2 Certain dangerous substances Part 2.4 Registrable premises—risk control Division 2.4.6 Risk control—fire protection Section 244 page 48 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 R27 29/08/16 Unauthorised version prepared by ACT Parliamentary Counsel's Office (c) stop or limit the processes used for handling the dangerous substance; and (d) change systems of work used to handle the dangerous substance. (4) If a part of a fire protection system provided at premises for subsection (1) becomes unserviceable or inoperative, a person in control of the premises must ensure that the system is returned to full operation as soon as practicable. Maximum penalty: 30 penalty units. (5) An offence against this section is a strict liability offence. Certain dangerous substances Chapter 2 Registrable premises—information Part 2.5 Registrable premises—communication Division 2.5.1 Section 245 R27 29/08/16 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 page 49 Unauthorised version prepared by ACT Parliamentary Counsel's Office Part 2.5 Registrable premises— information Division 2.5.1 Registrable premises— communication 245 Information for substance handlers (1) This section applies to— (a) a person in control of registrable premises (the person in control) in relation to the handling of a dangerous substance at the premises; and (b) someone else (the handler) who carries out, or is to carry out, tasks involving the handling of the substance (handling tasks) at the premises. (2) The person in control must ensure that the handler is given induction, information, training and supervision that is— (a) in a language and way appropriate to the handler; and (b) relevant to the handling tasks and the associated risks. Maximum penalty: 30 penalty units. (3) The person in control must ensure that the induction, information and training given under subsection (2) includes instruction about— (a) the nature of the hazards and properties of the dangerous substance, and the processes used for identifying, assessing and eliminating or reducing the risks associated with the hazards that are relevant to the handling tasks; and (b) the purpose, use and maintenance of measures for eliminating or reducing the risks; and Chapter 2 Certain dangerous substances Part 2.5 Registrable premises—information Division 2.5.1 Registrable premises—communication Section 245 page 50 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 R27 29/08/16 Unauthorised version prepared by ACT Parliamentary Counsel's Office (c) the systems of work and the conduct of people at the premises to the extent that the systems or conduct may affect the safe handling of dangerous goods; and (d) the operation of any emergency plans for the premises and any procedures and equipment that may be needed for use if there is a dangerous occurrence at the premises; and (e) the proper use and fitting of personal protective or safety equipment. Maximum penalty: 30 penalty units. Note 1 Emergency plans are required for manifest quantity registrable premises (see div 2.8.2). Note 2 Under s 276 (Emergency plan—instruction for employee representatives and neighbouring occupiers), health and safety representatives of employees at the premises must also be given information about emergency plans. Note 3 Under s 277 (Emergency plan—review as necessary) and s 278 (Emergency plan—5-year review), substance handlers, health and safety representatives of employees at the premises, neighbouring occupiers and the emergency services must be consulted about the review of emergency plans. (4) The person in control must ensure that a record of induction, information, training and supervision given under this section is made and kept for at least 5 years after the day the record is made. Maximum penalty: 30 penalty units. Note If a person stops being in control of registrable premises, the record must continue to be kept at the premises (see s 250 (Records—change of person in control)). Certain dangerous substances Chapter 2 Registrable premises—information Part 2.5 Registrable premises—communication Division 2.5.1 Section 246 R27 29/08/16 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 page 51 Unauthorised version prepared by ACT Parliamentary Counsel's Office (5) If, within 5 years after a record is made under subsection (4), dangerous substances stop being handled at the premises, a person in control of the premises immediately before the substances stopped being handled at the premises must keep the record until the end of the 5-year period. Maximum penalty: 30 penalty units. (6) If, after dangerous substances stop being handled at premises, a person holds a record under subsection (5) in relation to the premises, the person must, if an inspector asks within the 5-year period mentioned in subsection (5), give the inspector a copy of the record. Maximum penalty: 30 penalty units. (7) An offence against this section is a strict liability offence. Note Section 294 (Non-registrable premises—information for substance handlers) imposes similar requirements for non-registrable premises. 246 Information for plant users (1) A person in control of registrable premises must ensure that a person responsible for plant at the premises that is used to handle a dangerous substance is given the information on procedures for the safe operation of the plant necessary to ensure that— (a) any risk to the responsible person or anyone else at the premises is eliminated; or (b) if it is not practicable to eliminate the risk—the risk is minimised. Maximum penalty: 30 penalty units. (2) An offence against this section is a strict liability offence. Chapter 2 Certain dangerous substances Part 2.5 Registrable premises—information Division 2.5.1 Registrable premises—communication Section 247 page 52 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 R27 29/08/16 Unauthorised version prepared by ACT Parliamentary Counsel's Office (3) In this section: responsible—a person is responsible for plant at registrable premises if the person does any of the following: (a) operates the plant; (b) accesses the plant; (c) maintains the plant (d) repairs the plant; (e) inspects the plant; (f) tests the plant. Note Section 295 (Non-registrable premises—information for plant users) imposes the same requirement for non-registrable premises. 247 Information for visitors (1) A person in control of registrable premises must ensure that a visitor to the premises is given any information, safety instructions and supervision necessary to ensure that— (a) any risk to the visitor or anyone else at the premises is eliminated; or (b) if it is not practicable to eliminate the risk—the risk is minimised. Maximum penalty: 30 penalty units. (2) An offence against this section is a strict liability offence. Note Section 296 (Non-registrable premises—information for visitors) imposes the same requirement for non-registrable premises. Certain dangerous substances Chapter 2 Registrable premises—information Part 2.5 Registrable premises—keeping accurate information Division 2.5.2 Section 248 R27 29/08/16 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 page 53 Unauthorised version prepared by ACT Parliamentary Counsel's Office Division 2.5.2 Registrable premises—keeping accurate information 248 Keeping safety data sheets (1) A person in control of registrable premises must, for a dangerous substance handled, or proposed to be handled, at the premises— (a) obtain a current safety data sheet for the substance on or before the first occasion the substance is supplied to the premises; and (b) ensure that a current safety data sheet for the substance is readily accessible to anyone handling the substance at the premises, and to the emergency services; and (c) not amend a safety data sheet for the substance otherwise than— (i) under section 215 (SDS preparation and review—Act, s 26 (1) (e) and s 27 (1) (e)); or (ii) for a safety data sheet prepared overseas—as necessary to enable it to be easily understood by people at the premises. Maximum penalty: 30 penalty units. (2) Subsection (1) (a) and (b) do not apply to a dangerous substance that is— (a) in transit; or (b) handled (or to be handled) at a retail outlet or warehouse in packaged form, is correctly packed and labelled, and is sold (or to be sold) unopened. Note 1 A dangerous substance is packaged if it is in a container of a defined limited capacity (see s 203 (Definitions—ch 2)). Note 2 See s 212 (Correct packing—Act, s 14) and s 213 (Correct labelling— Act, s 14). Chapter 2 Certain dangerous substances Part 2.5 Registrable premises—information Division 2.5.2 Registrable premises—keeping accurate information Section 249 page 54 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 R27 29/08/16 Unauthorised version prepared by ACT Parliamentary Counsel's Office (3) If, because of subsection (2), a person in control of registrable premises is not required to have, and does not have, a safety data sheet for a dangerous substance, the person must ensure that alternative information for the safe handling of the substance is readily accessible to people at the premises. Maximum penalty: 30 penalty units. (4) If a person in control of registrable premises makes accessible a safety data sheet for a dangerous substance, and the person also makes accessible other information about the safe handling of the substance, the person in control of the premises must ensure that the other information is— (a) consistent with the information contained in the safety data sheet; and (b) clearly identified as information provided by the person in control of the premises. Maximum penalty: 30 penalty units. (5) An offence against this section is a strict liability offence. Note Section 297 (Non-registrable premises—safety data sheets) imposes similar requirements for non-registrable premises. 249 Register of dangerous substances (1) A person in control of registrable premises must ensure that— (a) a register is kept for dangerous substances handled at the premises; and (b) the register contains a list of each dangerous substance handled at the premises, together with a safety data sheet for the substance (if required under section 248 (Keeping safety data sheets)); and (c) the register is readily accessible to people at the premises. Maximum penalty: 30 penalty units. Certain dangerous substances Chapter 2 Registrable premises—information Part 2.5 Registrable premises—keeping accurate information Division 2.5.2 Section 250 R27 29/08/16 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 page 55 Unauthorised version prepared by ACT Parliamentary Counsel's Office (2) Subsection (1) does not apply to a dangerous substance— (a) received in a package not large enough to require marking under the Australian Dangerous Goods Code; or (b) in transit. (3) An offence against this section is a strict liability offence. Note Section 298 (Non-registrable premises—register of dangerous substances) imposes the same requirement for non-registrable premises. 250 Records—change of person in control (1) This section applies if a person (the departing controller) stops being a person in control of registrable premises while dangerous substances remain at the premises. (2) The following documents must remain at the premises, and continue to be kept at the premises, while dangerous substances are present, or are likely to be present, at the premises— (a) the register under section 249 (Register of dangerous substances); (b) any documents required to be kept at the premises under the following provisions:  section 222 (1) (b) (Risk assessment—making)  section 224 (2) (b) or (c) (Risk assessment—regular review)  section 225 (2) (b) or (c) (Risk assessment—5-year review)  section 232 (2) (b) (Tanks for bulk dangerous substances)  section 244 (Fire protection) (1) (b) (i)  section 245 (4) (Information for substance holders)  section 268 (Records of actual and likely dangerous occurrences—Act, s 216 (1) (m)) Chapter 2 Certain dangerous substances Part 2.5 Registrable premises—information Division 2.5.3 Registrable premises—labels Section 251 page 56 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 R27 29/08/16 Unauthorised version prepared by ACT Parliamentary Counsel's Office  section 275 (Emergency plan—making)  section 277 (Emergency plan—review as necessary)  section 278 (Emergency plan—5-year review)  section 267 (2) (Registration—amendment or cancellation). (3) The departing controller must ensure that any documents to which subsection (2) applies remain at the premises when the departing controller stops being a person in control of the premises. Maximum penalty: 20 penalty units. (4) A person in control of the premises at any time after the departing controller stops being a person in control of the premises must ensure that subsection (2) is complied with. Maximum penalty: 20 penalty units. (5) An offence against this section is a strict liability offence. Note Section 299 (Non-registrable premises records—change of person in control) imposes a similar requirement for non-registrable premises. Division 2.5.3 Registrable premises—labels 251 Incorrectly labelled packages A person in control of registrable premises commits an offence if— (a) the person receives, and accepts, a package at the premises; and (b) the person knows, or ought reasonably to know— (i) that the package contains a dangerous substance; and (ii) that the package is not correctly labelled; and Certain dangerous substances Chapter 2 Registrable premises—information Part 2.5 Registrable premises—labels Division 2.5.3 Section 252 R27 29/08/16 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 page 57 Unauthorised version prepared by ACT Parliamentary Counsel's Office (c) the person fails to ensure that— (i) the labelling on the package is corrected; or (ii) the package is relabelled correctly. Maximum penalty: 30 penalty units. Note 1 See s 213 (Correct labelling—Act, s 14). Note 2 Section 299A (Non-registrable premises—incorrectly labelled packages) imposes the same requirement for non-registrable premises. 252 Labelling and removing labelling from packages (1) A person in control of registrable premises must ensure that, while a package of a dangerous substance is at the premises— (a) the package is correctly labelled; and (b) the label is not removed, and remains legible. Maximum penalty: 20 penalty units. Note See s 213 (Correct labelling—Act, s 14). (2) A person in control of registrable premises must ensure that packaging labelled to indicate that it contains a dangerous substance of a particular kind is not used to contain— (a) a dangerous substance of a different kind; or (b) any other substance. Maximum penalty: 20 penalty units. (3) An offence against this section is a strict liability offence. Chapter 2 Certain dangerous substances Part 2.5 Registrable premises—information Division 2.5.4 Registrable premises—placards Section 253 page 58 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 R27 29/08/16 Unauthorised version prepared by ACT Parliamentary Counsel's Office 253 Labelling portable containers (1) If a dangerous substance is transferred into a portable container for use at registrable premises, the person in control of the premises must ensure that— (a) the portable container is clearly labelled with the class label, subsidiary risk label and product name of the substance; or (b) if it is not possible to label the portable container under paragraph (a)—the substance is otherwise clearly identified. Maximum penalty: 25 penalty units. (2) Subsection (1) does not apply if— (a) the dangerous substance is used immediately; and (b) the container is thoroughly cleaned so that the container is in the condition it would be in if it had never contained the substance. (3) An offence against this section is a strict liability offence. Division 2.5.4 Registrable premises—placards Note Under the Act, s 14 (2) (a), a dangerous substance is correctly placarded if it is placarded in accordance with the regulations. For the Act, s 26, s 27 or s 28, a manufacturer, importer or supplier of the substance must ensure that it is correctly placarded. Failure to comply may be an offence against the Act, pt 3.2. 254 Placards—requirement to display (1) A person in control of registrable premises must ensure that warning placards of the following types are displayed at the premises: (a) a HAZCHEM outer warning placard; http://www.legislation.act.gov.au/a/2004-7/default.asp http://www.legislation.act.gov.au/a/2004-7/default.asp http://www.legislation.act.gov.au/a/2004-7/default.asp Certain dangerous substances Chapter 2 Registrable premises—information Part 2.5 Registrable premises—placards Division 2.5.4 Section 254 R27 29/08/16 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 page 59 Unauthorised version prepared by ACT Parliamentary Counsel's Office (b) if a dangerous substance at the premises is stored in a tank, or is stored in packaged form—an information placard. Note A dangerous substance is packaged if it is in a container of a defined limited capacity (see s 203 (Definitions—ch 2)). Maximum penalty: 30 penalty units. (2) Subsection (1) does not apply to LPG if it is— (a) packaged; and (b) outside a building; and (c) connected by piping to appliances that use gas within the building. Note LPG is a dangerous substance. (3) Subsection (1) (b) does not apply to a dangerous substance stored in a tank if— (a) the substance is intended to be carried, and is placarded, in accordance with the requirements of the Australian Dangerous Goods Code for dangerous goods of the same kind; or (b) the substance is a combustible liquid in a quantity no more than 10 000L and is stored separately and isolated from other dangerous substances; or (c) the substance is— (i) of class 2.1 or 3, or is a combustible liquid; and (ii) stored in an underground tank at retail premises; and (iii) to be used for refuelling vehicles. (4) Subsection (1) (b) applies in relation to each area of the premises where a dangerous substance is stored in packaged form in at least the placard quantity. Chapter 2 Certain dangerous substances Part 2.5 Registrable premises—information Division 2.5.4 Registrable premises—placards Section 255 page 60 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 R27 29/08/16 Unauthorised version prepared by ACT Parliamentary Counsel's Office (5) A person in control of premises must ensure that a warning placard displayed under this section— (a) is made of durable and weather-resistant material; and (b) is maintained in good repair; and (c) is legible; and (d) is not covered or obscured. Maximum penalty: 30 penalty units. (6) An offence against this section is a strict liability offence. (7) In this section: LPG—see the Gas Safety Act 2000, dictionary, definition of gas, paragraph (b). 255 Placards—location of HAZCHEM outer warnings (1) A person in control of registrable premises must ensure that a HAZCHEM outer warning placard is displayed at each entrance to the premises so that it is clearly visible. Maximum penalty: 30 penalty units. (2) An offence against this section is a strict liability offence. 256 Placards—location of information placards (1) This section applies if an information placard for a dangerous substance is required to be displayed at registrable premises under section 254 (Placards—requirement to display). (2) If a dangerous substance is stored indoors at registrable premises, a person in control of the premises must ensure that an information placard for the substance is displayed so that it is clearly visible— (a) at the main entrance to each building where the substance is stored; and http://www.legislation.act.gov.au/a/2000-67 Certain dangerous substances Chapter 2 Registrable premises—information Part 2.5 Registrable premises—placards Division 2.5.4 Section 257 R27 29/08/16 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 page 61 Unauthorised version prepared by ACT Parliamentary Counsel's Office (b) either— (i) at each entrance to each room, enclosure or other area where the substance is stored; or (ii) next to the substance. Maximum penalty: 30 penalty units. (3) If a dangerous substance is stored outdoors at registrable premises, a person in control of the premises must ensure that an information placard for the substance is displayed so that it is clearly visible— (a) if the substance is in a tank—next to the substance or on the external surface of the tank; or (b) next to the substance. Maximum penalty: 30 penalty units. (4) An offence against this section is a strict liability offence. 257 Placards—form of HAZCHEM outer warning placard (1) A person in control of registrable premises must ensure that each HAZCHEM outer warning placard displayed at the premises complies with schedule 2. Maximum penalty: 25 penalty units. (2) An offence against this section is a strict liability offence. 258 Placards—form of information placards for tanks (1) A person in control of registrable premises must ensure that an information placard for a dangerous substance stored in a tank at the premises complies with schedule 2. Maximum penalty: 25 penalty units. (2) An offence against this section is a strict liability offence. Chapter 2 Certain dangerous substances Part 2.5 Registrable premises—information Division 2.5.4 Registrable premises—placards Section 259 page 62 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 R27 29/08/16 Unauthorised version prepared by ACT Parliamentary Counsel's Office 259 Placards—form of information placards for packages (1) A person in control of registrable premises must ensure that an information placard for a dangerous substance stored at the premises in packaged form complies with schedule 2. Note A dangerous substance is packaged if it is in a container of a defined limited capacity (see s 203 (Definitions—ch 2)). Maximum penalty: 25 penalty units. (2) An offence against this section is a strict liability offence. Certain dangerous substances Chapter 2 Registrable premises—registration Part 2.6 Section 260 R27 29/08/16 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 page 63 Unauthorised version prepared by ACT Parliamentary Counsel's Office Part 2.6 Registrable premises— registration 260 Placard quantity register The director-general must maintain a register of premises (the placard quantity register) where there is, or is likely to be, a dangerous substance in at least the placard quantity. 261 Registration—placard quantity notices (1) This section applies in relation to premises if a person in control of the premises knows, or ought reasonably to know, that there is, or is likely to be, a dangerous substance at the premises in at least the placard quantity. Example The Acme Chemical Plant has a tank on its premises. The tank is routinely filled with a dangerous substance. When full, the tank contains more than the placard quantity of the substance. The routine operation of the plant is for the tank to be filled, then gradually emptied as the substance is carried away from the premises (for use elsewhere), then filled again. As a result of this routine, from time to time the tank contains less than the placard quantity of the substance. There are no other dangerous substances on the premises. For this section, there is likely to be a dangerous substance on the premises of Acme Chemical Plant in at least the placard quantity. Note An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132). (2) The person in control of the premises may give the director-general written notice in accordance with subsection (3) (a placard quantity notice) that there is, or is likely to be, a dangerous substance at the premises in at least the placard quantity. http://www.legislation.act.gov.au/a/2001-14 Chapter 2 Certain dangerous substances Part 2.6 Registrable premises—registration Section 262 page 64 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 R27 29/08/16 Unauthorised version prepared by ACT Parliamentary Counsel's Office (3) If the premises are not registered in the placard quantity register, the person in control of the premises must give the director-general a placard quantity notice about the substance. Maximum penalty: (a) if at least the manifest quantity of the substance is, or is likely to be, present at the premises—30 penalty units; or (b) if less than the manifest quantity of the substance is, or is likely to be, present at the premises—20 penalty units. (4) A placard quantity notice must include the following details: (a) the class or kind, and the expected average and maximum quantities, of all the dangerous substances that are, or are likely to be, at the premises; (b) any information or documents required by a form for the notice approved under the Act, section 222. Note A person in control of premises that are required to be registered under the regulations may also commit an offence against the Act, s 84 if the person fails to ensure that the premises are registered. 262 Registration—further information notices (1) This section applies if a placard quantity notice about a dangerous substance at premises is given to the director-general. (2) After receiving the placard quantity notice, the director-general may, by written notice (a further information notice), require a person in control of the premises to give the director-general, within a period stated in the notice, further stated information about the presence or likely presence of dangerous substances at the premises. (3) The period stated in a further information notice must be at least 14 days after the day the notice is given. http://www.legislation.act.gov.au/a/2004-7/default.asp http://www.legislation.act.gov.au/a/2004-7/default.asp Certain dangerous substances Chapter 2 Registrable premises—registration Part 2.6 Section 263 R27 29/08/16 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 page 65 Unauthorised version prepared by ACT Parliamentary Counsel's Office (4) A person to whom a further information notice is given must comply with the notice. Maximum penalty: (a) if there is, or is likely to be, any dangerous substance at the premises in at least the manifest quantity—30 penalty units; or (b) in any other case—20 penalty units. (5) An offence against this section is a strict liability offence. 263 Registration—obligation to register After receiving a placard quantity notice for premises that are not registered in the placard quantity register, and any further information under section 262 (Registration—further information notices), the director-general must— (a) register the premises in the placard quantity register by giving the premises a unique registration number; and (b) enter in the placard quantity register the information in the placard quantity notice and the further information notice (if any); and (c) give a person in control of the premises written notice of registration in the placard quantity register stating the date of registration, the registration number and the information entered in the register. 264 Registration—duration and renewal (1) The registration of premises in the placard quantity register remains in force for 2 years (the 2-year period) starting on the day of registration, or the last day when registration was renewed, unless it is cancelled earlier under section 267 (Registration—amendment or cancellation). Chapter 2 Certain dangerous substances Part 2.6 Registrable premises—registration Section 265 page 66 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 R27 29/08/16 Unauthorised version prepared by ACT Parliamentary Counsel's Office (2) Before the end of the 2-year period, a person in control of the premises may apply for the renewal of registration by giving the director-general a placard quantity notice in accordance with section 261 (Registration—placard quantity notices). Note A placard quantity notice must contain the information mentioned in s 261 (4) (Registration—placard quantity notices). The director-general may also require a person in control of the premises to give further information under s 262 (Registration—further information notices). (3) After receiving an application under subsection (2), and any further information under section 262 (Registration—further information notices), the director-general must— (a) renew the registration of the premises in the placard quantity register; and (b) give the person in control of the premises written notice of renewal stating the date of renewal. 265 Registration—significant change of risk (1) This section applies if a person in control of premises registered in the placard quantity register knows, or ought reasonably to know, that there is, or is likely to be, a significant change in the risk associated with the handling of dangerous substances at the premises. Examples of significant change in risk 1 A significant quantity of a highly volatile dangerous substance that has not previously been stored at registered premises is proposed to be stored at the premises. 2 A significant quantity of a highly volatile dangerous substance that has been stored at registered premises is no longer stored at the premises. 3 Dangerous substances are no longer stored at the premises. 4 There are no dangerous substances stored at the premises in at least the placard quantity. Certain dangerous substances Chapter 2 Registrable premises—registration Part 2.6 Section 266 R27 29/08/16 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 page 67 Unauthorised version prepared by ACT Parliamentary Counsel's Office 5 The quantity of a dangerous substance that has been stored at the premises in the placard quantity is proposed to be increased to manifest quantity or higher. Note An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132). (2) The person in control of the premises must give the director-general a written notice including details of the change, or likely change, in the risk (a risk change notice) within 14 days after the day the person becomes aware of the risk, or ought reasonably to have become aware of the risk. Maximum penalty: (a) if, after the change in risk, there is, or is likely to be, any dangerous substance at the premises in at least the manifest quantity—30 penalty units; or (b) if, after the change in risk, there is, or is likely to be, no dangerous substance at the premises in at least the manifest quantity, but there is, or is likely to be, any dangerous substance at the premises in at least the placard quantity— 20 penalty units; or (c) in any other case—10 penalty units. 266 Registration—further information about risk change (1) This section applies if a risk change notice about dangerous substances at premises registered in the placard quantity register is given to the director-general under section 265 (Registration— significant change of risk). (2) After receiving the risk change notice, the director-general may, by written notice (a further information notice) to a person in control of the premises, require the person to give the director-general further stated information about the change in risk stated in the notice, within a period stated in the notice. http://www.legislation.act.gov.au/a/2001-14 Chapter 2 Certain dangerous substances Part 2.6 Registrable premises—registration Section 267 page 68 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 R27 29/08/16 Unauthorised version prepared by ACT Parliamentary Counsel's Office (3) The period stated in a further information notice must be at least 14 days after the day the notice is given. (4) A person to whom a further information notice is given must comply with the notice. Maximum penalty: (a) if, after the change in risk, there is, or is likely to be, any dangerous substance at the premises in at least the manifest quantity—30 penalty units; or (b) if, after the change in risk, there is, or is likely to be, no dangerous substance at the premises in at least the manifest quantity, but there is, or is likely to be, any dangerous substance at the premises in at least the placard quantity— 20 penalty units; or (c) in any other case—10 penalty units. (5) An offence against this section is a strict liability offence. 267 Registration—amendment or cancellation After receiving a risk change notice under section 265 (Registration—significant change of risk) for particular premises, and any further information under section 266 (Registration— further information about risk change), the director-general must— (a) either— (i) amend the placard quantity register to reflect the information in the notice and the further information (if any); or (ii) if the director-general is satisfied that that there are, or are likely to be, no dangerous substances at the premises in at least the placard quantity—cancel the registration of the premises; and Certain dangerous substances Chapter 2 Registrable premises—registration Part 2.6 Section 267 R27 29/08/16 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 page 69 Unauthorised version prepared by ACT Parliamentary Counsel's Office (b) give a person in control of the premises written notice of the amendment or cancellation stating the date of the amendment or cancellation and, for an amendment, the details of the amendment. Chapter 2 Certain dangerous substances Part 2.7 Registrable premises—dangerous occurrence reporting Section 268 page 70 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 R27 29/08/16 Unauthorised version prepared by ACT Parliamentary Counsel's Office Part 2.7 Registrable premises— dangerous occurrence reporting 268 Records of actual and likely dangerous occurrences— Act, s 216 (1) (m) (1) This section applies if, under the Act, section 39 (Person in control of premises—safety duty to report actual or likely dangerous occurrences) a person in control of registrable premises tells the director-general about an actual or likely dangerous occurrence at the premises. (2) The person in control of the premises must ensure that— (a) a written record (a dangerous occurrence record) is made of what the person tells to the director-general under the Act, section 39; and (b) a dated copy of the record is kept at the premises. Maximum penalty: 15 penalty units. Note If a person stops being in control of registrable premises, the copy of the record must continue to be kept at the premises (see s 250 (Records— change of person in control)). (3) If, within 10 years after the day the person in control of the premises tells the director-general about the actual or likely dangerous occurrence (the 10-year period), dangerous substances stop being handled at the premises, a person in control of the premises immediately before the substances stopped being handled at the premises must keep any records made for this section in relation to the premises until the end of the 10-year period. Maximum penalty: 15 penalty units. http://www.legislation.act.gov.au/a/2004-7/default.asp http://www.legislation.act.gov.au/a/2004-7/default.asp Certain dangerous substances Chapter 2 Registrable premises—dangerous occurrence reporting Part 2.7 Section 269 R27 29/08/16 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 page 71 Unauthorised version prepared by ACT Parliamentary Counsel's Office (4) If, after dangerous substances stop being handled at premises, a person has a record under subsection (3) in relation to the premises, the person must, if an inspector asks within the 10-year period, give the inspector a copy of the record. Maximum penalty: 15 penalty units. (5) An offence against this section is a strict liability offence. 269 Form of records of actual and likely dangerous occurrences (1) This section applies if a person in control of registrable premises is required to make a record under section 268 (2) (Records of actual and likely dangerous occurrences—Act, s 216 (1) (m)) in relation to an actual or likely dangerous occurrence (the incident) at the premises. (2) The person in control of the premises must include the following information in the record: (a) the date, time and location of the incident; (b) the type, quantity and containment or handling method for the dangerous substances involved in the incident; (c) a description of events before, during and after the incident; (d) details of any injury, death, hospitalisation or evacuation; (e) details of damage to equipment, property or the environment; (f) an assessment of the cause of the incident; (g) specific actions that the person intends to take to prevent a recurrence of the incident or similar incidents. Maximum penalty: 15 penalty units. (3) An offence against this section is a strict liability offence. Chapter 2 Certain dangerous substances Part 2.8 Manifest quantity registrable premises Division 2.8.1 Manifest quantity registrable premises—manifests Section 270 page 72 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 R27 29/08/16 Unauthorised version prepared by ACT Parliamentary Counsel's Office Part 2.8 Manifest quantity registrable premises Division 2.8.1 Manifest quantity registrable premises—manifests 270 Manifests—requirement to keep (1) A person in control of manifest quantity registrable premises must ensure that a manifest that complies with schedule 3 (Manifests) is kept at the premises. Maximum penalty: 30 penalty units. (2) An offence against this section is a strict liability offence. 271 Manifests—must be kept up to date (1) A person in control of manifest quantity registrable premises must ensure that the manifest for the premises is revised as soon as practicable, but no later than 7 days, after the day the person becomes aware of a change to the information required for schedule 3 (Manifests). Maximum penalty: 30 penalty units. (2) An offence against this section is a strict liability offence. 272 Manifests—how kept (1) A person in control of manifest quantity registrable premises must ensure that the manifest for the premises is kept— (a) in a red weatherproof container inside, and as close as practicable to, the main entry to the premises; and (b) at a place where it is readily accessible to the emergency services. Maximum penalty: 30 penalty units. Certain dangerous substances Chapter 2 Manifest quantity registrable premises Part 2.8 Manifest quantity registrable premises—emergency plans Division 2.8.2 Section 273 R27 29/08/16 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 page 73 Unauthorised version prepared by ACT Parliamentary Counsel's Office (2) An offence against this section is a strict liability offence. Division 2.8.2 Manifest quantity registrable premises—emergency plans 273 Meaning of emergency plan—div 2.8.2 In this division: emergency plan, for handling dangerous substances at manifest quantity registrable premises, means a written record of a plan to manage dangerous occurrences that may arise from the handling of the substances. 274 Emergency plan—safety management systems for Act, s 19 (1) (e) (1) A safety management system for handling a dangerous substance at manifest quantity registrable premises must include an emergency plan prepared and documented in accordance with this division. (2) Subsection (1) is in addition to the requirements of the Act, section 19 (1) (a) to (d) in relation to a safety management system for the substance. Note Under the Act, s 19 (1) (e), a safety management system for a dangerous substance must comply with requirements prescribed by regulation. For the Act, s 31, a person in control of premises where a dangerous substance is handled must ensure that there is a safety management system for the substance at the premises, and that the system is implemented for the premises. Failure to comply may be an offence against the Act, pt 3.2. 275 Emergency plan—making (1) A person in control of manifest quantity registrable premises must ensure that an emergency plan is made for the premises. Maximum penalty: 30 penalty units. http://www.legislation.act.gov.au/a/2004-7/default.asp http://www.legislation.act.gov.au/a/2004-7/default.asp http://www.legislation.act.gov.au/a/2004-7/default.asp http://www.legislation.act.gov.au/a/2004-7/default.asp Chapter 2 Certain dangerous substances Part 2.8 Manifest quantity registrable premises Division 2.8.2 Manifest quantity registrable premises—emergency plans Section 276 page 74 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 R27 29/08/16 Unauthorised version prepared by ACT Parliamentary Counsel's Office (2) A person in control of manifest quantity registrable premises (the controlled premises) must ensure that a copy of the emergency plan made for the controlled premises, indicating the date it was made, is— (a) kept at the controlled premises; and (b) given to any health and safety representative of employees who handle dangerous substances at the controlled premises; and (c) given to the emergency services; and (d) if premises (neighbouring premises) near the controlled premises are likely to be affected by a dangerous occurrence at the controlled premises—given to a person in control of the neighbouring premises. Maximum penalty: 30 penalty units. (3) An offence against this section is a strict liability offence. Note If a person stops being in control of manifest quantity registrable premises, a copy of the emergency plan must continue to be kept at the premises (see s 250 (Records—change of person in control)). 276 Emergency plan—instruction for employee representatives and neighbouring occupiers (1) This section applies if an emergency plan is made for manifest quantity registrable premises. (2) A person in control of the premises must ensure that any health and safety representative of employees at the premises, and a person in control of any premises (the neighbouring premises) near the premises, is given instruction about the following, in a language and way appropriate to the representative and the person in control of the neighbouring premises: (a) the operation of the emergency plan; and Certain dangerous substances Chapter 2 Manifest quantity registrable premises Part 2.8 Manifest quantity registrable premises—emergency plans Division 2.8.2 Section 277 R27 29/08/16 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 page 75 Unauthorised version prepared by ACT Parliamentary Counsel's Office (b) any procedures and equipment that may be needed for use if there is a dangerous occurrence at the manifest quantity registrable premises. Maximum penalty: 30 penalty units. (3) An offence against this section is a strict liability offence. (4) This section only applies in relation to a person in control of the neighbouring premises if the neighbouring premises are likely to be affected by a dangerous occurrence at the manifest quantity registrable premises. Note Section 245 (Information for substance handlers) requires handlers of dangerous substances at the premises to be given the instruction mentioned in s (2) about the emergency plan. 277 Emergency plan—review as necessary (1) This section applies if— (a) an emergency plan has been made for manifest quantity registrable premises; and (b) either— (i) there is a significant change to a process, system or procedure in relation to the handling of dangerous substances at the premises; or (ii) there is evidence to indicate that the emergency plan is no longer adequate to manage emergencies that may reasonably be expected to affect the handling of dangerous substances at the premises. (2) A person in control of the premises must ensure that— (a) the emergency plan for the premises is reviewed; and Chapter 2 Certain dangerous substances Part 2.8 Manifest quantity registrable premises Division 2.8.2 Manifest quantity registrable premises—emergency plans Section 278 page 76 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 R27 29/08/16 Unauthorised version prepared by ACT Parliamentary Counsel's Office (b) a dated record of the review is kept at the premises. Note The person in control of the premises must consult with various people in the course of reviewing the plan (see s 279 (Emergency plan— consultation for review)). (3) If the review of an emergency plan results in an amendment to the plan, a person in control of the premises must ensure that a copy of the plan, as amended, indicating the date of amendment, is— (a) kept at the premises; and (b) given to any health and safety representative of employees who handle dangerous substances at the premises; and (c) given to the emergency services; and (d) if premises (neighbouring premises) near the manifest quantity registrable premises are likely to be affected by a dangerous occurrence at the manifest quantity registrable premises—given to a person in control of the neighbouring premises. Maximum penalty: 30 penalty units. (4) An offence against this section is a strict liability offence. Note If a person stops being in control of manifest quantity registrable premises, a copy of the review, and the plan as amended (if applicable), must continue to be kept at the premises (see s 250 (Records—change of person in control)). 278 Emergency plan—5-year review (1) This section applies if an emergency plan has been made for manifest quantity registrable premises. (2) A person in control of the premises must ensure that— (a) the emergency plan for the premises is reviewed within— (i) 5 years after it was made; or Certain dangerous substances Chapter 2 Manifest quantity registrable premises Part 2.8 Manifest quantity registrable premises—emergency plans Division 2.8.2 Section 278 R27 29/08/16 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 page 77 Unauthorised version prepared by ACT Parliamentary Counsel's Office (ii) if it has been reviewed after it was made (including a review under this section)—5 years after the dated record was made of its last review; and (b) a dated record of the review is kept at the premises. Maximum penalty: 30 penalty units. Note The person in control of the premises must consult with various people in the course of reviewing the plan (see s 279 (Emergency plan— consultation for review)). (3) If a review of an emergency plan under subsection (2) results in an amendment to the plan, a person in control of the premises must ensure that a copy of the plan, as amended, indicating the date of amendment, is— (a) kept at the premises; and (b) given to any health and safety representative of employees who handle dangerous substances at the premises; and (c) given to the emergency services; and (d) if premises (neighbouring premises) near the manifest quantity registrable premises are likely to be affected by a dangerous occurrence at the manifest quantity registrable premises—given to a person in control of the neighbouring premises. Maximum penalty: 30 penalty units. (4) An offence against this section is a strict liability offence. Note If a person stops being in control of manifest quantity registrable premises, a copy of the review, and the plan as amended (if applicable), must continue to be kept at the premises (see s 250 (Records—change of person in control)). Chapter 2 Certain dangerous substances Part 2.8 Manifest quantity registrable premises Division 2.8.2 Manifest quantity registrable premises—emergency plans Section 279 page 78 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 R27 29/08/16 Unauthorised version prepared by ACT Parliamentary Counsel's Office 279 Emergency plan—consultation for review (1) This section applies if a review of an emergency plan for manifest quantity registrable premises is conducted under section 277 (Emergency plan—review as necessary) or section 278 (Emergency plan—5-year review)). (2) A person in control of the premises must consult with the following entities in the course of the review: (a) the employees who carry out tasks involving the handling of any dangerous substance at the premises; (b) any health and safety representative of those employees; (c) the emergency services; (d) a person in control of any premises (neighbouring premises) near the manifest quantity registrable premises. Maximum penalty: 30 penalty units. (3) An offence against this section is a strict liability offence. (4) Subsection (2) (d) only applies in relation to a person in control of the neighbouring premises if the neighbouring premises are likely to be affected by a dangerous occurrence at the manifest quantity registrable premises. (5) In reviewing the emergency plan, the person in control of the premises must take into consideration any written advice received from an entity mentioned in subsection (2). Certain dangerous substances Chapter 2 Non-registrable premises Part 2.9 Non-registrable premises—safety management system requirements Division 2.9.1 Section 280 R27 29/08/16 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 page 79 Unauthorised version prepared by ACT Parliamentary Counsel's Office Part 2.9 Non-registrable premises Division 2.9.1 Non-registrable premises—safety management system requirements 280 Non-registrable premises—safety management system requirements for Act, s 19 (1) (e) (1) A safety management system for handling a dangerous substance at non-registrable premises must be prepared in accordance with this division. (2) Subsection (1) is in addition to the requirements of the Act, section 19 (1) (a) to (d) in relation to a safety management system for the substance. Note Under the Act, s 19 (1) (e), a safety management system for a dangerous substance must comply with requirements prescribed by regulation. For the Act, s 31, a person in control of premises where a dangerous substance is handled must ensure that there is a safety management system for the substance at the premises, and that the system is implemented for the premises. Failure to comply may be an offence against the Act, pt 3.2. 281 Non-registrable premises—hazard identification for Act, s 19 (2) (1) This section applies if a person in control of non-registrable premises is— (a) preparing a safety management system for the premises; and (b) for that purpose, identifying the hazards associated with a dangerous substance at the premises. (2) In identifying the hazards associated with the substance, the person in control of the premises must consider the following: (a) information in the safety data sheet for the substance; http://www.legislation.act.gov.au/a/2004-7/default.asp http://www.legislation.act.gov.au/a/2004-7/default.asp http://www.legislation.act.gov.au/a/2004-7/default.asp http://www.legislation.act.gov.au/a/2004-7/default.asp Chapter 2 Certain dangerous substances Part 2.9 Non-registrable premises Division 2.9.1 Non-registrable premises—safety management system requirements Section 281 page 80 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 R27 29/08/16 Unauthorised version prepared by ACT Parliamentary Counsel's Office (b) any other information known to the person about the hazardous properties of the substance. Note 1 A person in control of premises where a dangerous substance is handled must ensure that a safety management system is prepared, documented and implemented (see Act, s 31 (1)). The safety management system must, among other things, identify the hazards associated with the substance, having regard to the current state of knowledge about the hazards (see Act, s 19 (1) (a)). The safety management system must also comply with this division (see s 280 (Non-registrable premises— safety management system requirements for Act, s 19 (1) (e)) and the Act, s 19 (1) (e)). Note 2 In addition to the considerations mentioned in this section, the Act, s 19 (2) sets out further matters that must be considered in identifying hazards associated with a dangerous substance as follows:  the chemical and physical properties of the substance (s 19 (2) (a))  any chemical or physical reactions that may happen if the substance comes into contact with other substances (s 19 (2) (b))  the premises, plant and systems for handling the substance (s 19 (2) (c)) (3) A person in control of non-registrable premises where there is a dangerous substance must take all reasonable steps to find out about the hazardous properties of the substance. Maximum penalty: 15 penalty units. (4) An offence against this section is a strict liability offence. http://www.legislation.act.gov.au/a/2004-7/default.asp http://www.legislation.act.gov.au/a/2004-7/default.asp http://www.legislation.act.gov.au/a/2004-7/default.asp http://www.legislation.act.gov.au/a/2004-7/default.asp Certain dangerous substances Chapter 2 Non-registrable premises Part 2.9 Non-registrable premises—risk control Division 2.9.2 Section 282 R27 29/08/16 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 page 81 Unauthorised version prepared by ACT Parliamentary Counsel's Office Division 2.9.2 Non-registrable premises—risk control 282 Non-registrable premises—preventing interaction with other substances (1) A person in control of non-registrable premises must ensure that a dangerous substance at the premises that is not compatible with another substance at the premises (including another dangerous substance) is stored separately from the other substance. Maximum penalty: 15 penalty units. (2) An offence against this section is a strict liability offence. 283 Non-registrable premises—preventing contamination of food or personal products (1) A person in control of non-registrable premises must ensure that a dangerous substance is not handled at the premises so as to contaminate food, food packaging or personal use products. Maximum penalty: 15 penalty units. (2) An offence against this section is a strict liability offence. 284 Non-registrable premises—decommissioning (1) This section applies if a container used to store a dangerous substance at non-registrable premises— (a) is to be disposed of; or (b) is no longer to be used in association with the substance. (2) A person in control of the premises must ensure that— (a) the container is thoroughly cleaned so that the container is in the condition it would be in if it had never contained the substance; and Chapter 2 Certain dangerous substances Part 2.9 Non-registrable premises Division 2.9.2 Non-registrable premises—risk control Section 285 page 82 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 R27 29/08/16 Unauthorised version prepared by ACT Parliamentary Counsel's Office (b) the contents of the container are neutralised, cured or chemically deactivated. Maximum penalty: 15 penalty units. (3) An offence against this section is a strict liability offence. 285 Non-registrable premises—personal protective or safety equipment (1) This section applies if there are reasonable grounds for a person in control of non-registrable premises to require personal protective or safety equipment to be used by a person (the exposed person) to eliminate or minimise the risk from a dangerous substance while the exposed person is (or may be) exposed to the substance at the premises. (2) The person in control of the premises must ensure that the exposed person is required to use the equipment while the person is (or may be) exposed to the dangerous substance at the premises. Maximum penalty: 30 penalty units. (3) The person in control of the premises must ensure that the equipment available for use by an exposed person while the exposed person is (or may be) exposed to the substance is— (a) suitable for that use; and (b) undamaged and effective; and (c) maintained in a suitable condition for that use. Maximum penalty: 30 penalty units. (4) A person must not engage in conduct that damages or makes ineffective any personal protective or safety equipment provided at the premises. Maximum penalty: 30 penalty units. (5) An offence against subsection (2) or (3) is a strict liability offence. Certain dangerous substances Chapter 2 Non-registrable premises Part 2.9 Non-registrable premises—risk control Division 2.9.2 Section 286 R27 29/08/16 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 page 83 Unauthorised version prepared by ACT Parliamentary Counsel's Office 286 Non-registrable premises—lighting (1) A person in control of non-registrable premises must ensure that sufficient and suitable lighting is provided to enable safe access within, to and from each part of the premises where a dangerous substance is handled. Maximum penalty: 10 penalty units. (2) An offence against this section is a strict liability offence. 287 Non-registrable premises—access (1) A person in control of non-registrable premises must ensure that safe means of access within, to and from each part of the premises where a dangerous substance is handled is provided and maintained. Maximum penalty: 10 penalty units. (2) An offence against this section is a strict liability offence. 288 Non-registrable premises—security (1) This section applies if a person (the unauthorised person) is not authorised by a person in control of non-registrable premises to have access to a dangerous substance handled at the premises. (2) A person in control of the premises must ensure that the unauthorised person does not have access to the substance. Maximum penalty: 15 penalty units. (3) An offence against this section is a strict liability offence. Chapter 2 Certain dangerous substances Part 2.9 Non-registrable premises Division 2.9.2 Non-registrable premises—risk control Section 289 page 84 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 R27 29/08/16 Unauthorised version prepared by ACT Parliamentary Counsel's Office 289 Non-registrable premises—spill containment (1) A person in control of non-registrable premises must ensure that, in each area of the premises where a dangerous substance is handled, provision is made for spill containment that— (a) eliminates the risk from any spill or leak of the substance or, if it is not practicable to eliminate the risk, minimises the risk; and (b) would contain within the premises any part of the substance that spills or leaks, and any effluent arising from a spill or leak. Maximum penalty: 15 penalty units. (2) If there is a spill or leak of a dangerous substance at non-registrable premises, a person in control of the premises must ensure that— (a) immediate action is taken to eliminate any risk associated with the spill or leak or, if it is not practicable to eliminate the risk, minimise the risk; and (b) the substance and any resulting effluent are, as soon as practicable— (i) cleaned up and disposed of; or (ii) otherwise made safe. Maximum penalty: 15 penalty units. (3) An offence against this section is a strict liability offence. Certain dangerous substances Chapter 2 Non-registrable premises Part 2.9 Non-registrable premises—risk control Division 2.9.2 Section 290 R27 29/08/16 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 page 85 Unauthorised version prepared by ACT Parliamentary Counsel's Office 290 Non-registrable premises—transfer of dangerous substances (1) This section applies to the transfer of a dangerous substance— (a) from area to area within non-registrable premises; or (b) from or into a container at non-registrable premises. (2) A person in control of the premises must ensure that subsection (3) is complied with to the extent necessary— (a) to eliminate any risk associated with the transfer; or (b) if it is not practicable to eliminate the risk—to minimise the risk. Maximum penalty: 15 penalty units. (3) For subsection (2)— (a) any spills, leaks and overflows because of the transfer must be avoided; and (b) any static electricity because of the transfer must be minimised; and (c) any vapour generation because of the transfer must be minimised; and (d) any ignition source to which the substance may be exposed because of the transfer must be eliminated or controlled; and (e) any pipework used in the transfer must be appropriate for the substance and adequate for the transfer. (4) An offence against this section is a strict liability offence. Chapter 2 Certain dangerous substances Part 2.9 Non-registrable premises Division 2.9.2 Non-registrable premises—risk control Section 291 page 86 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 R27 29/08/16 Unauthorised version prepared by ACT Parliamentary Counsel's Office 291 Non-registrable premises—equipment for clean-ups (1) A person in control of non-registrable premises must ensure that equipment and materials appropriate for use for the containment and clean-up of spills or leaks at the premises of any dangerous substance are, while the substance is handled at the premises— (a) kept at the premises; and (b) maintained in good condition; and (c) accessible to people at the premises. Maximum penalty: 15 penalty units. Examples of equipment and materials The following equipment and materials may be appropriate in particular circumstances: 1 neutralisers 2 decontaminants 3 pressure relief valves. Note An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132). (2) An offence against this section is a strict liability offence. 292 Non-registrable premises—ignition sources (1) A person in control of non-registrable premises must ensure that— (a) any ignition source in a hazardous area at the premises is eliminated; or (b) if it is not reasonably practicable to eliminate the source— the risk from the source is minimised. Maximum penalty: 15 penalty units. (2) An offence against this section is a strict liability offence. http://www.legislation.act.gov.au/a/2001-14 Certain dangerous substances Chapter 2 Non-registrable premises Part 2.9 Non-registrable premises—risk control Division 2.9.2 Section 293 R27 29/08/16 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 page 87 Unauthorised version prepared by ACT Parliamentary Counsel's Office (3) In this section: hazardous area means an area— (a) classified as hazardous under either of the following standards: (i) AS/NZS 2430.3 (Classification of hazardous areas); (ii) AS/NZS 60079.10 (Electrical apparatus for explosive gas atmospheres—classification of hazardous areas); or (b) classified under AS/NZS 61241.3 (Electrical apparatus for use in the presence of combustible dust—classification of areas where combustible dusts are or may be present) as an area where combustible dusts are or may be present. 293 Non-registrable premises—ventilation and atmospheric emissions (1) A person in control of non-registrable premises must ensure that any risk associated with atmospheric conditions that are flammable, explosive or asphyxiant— (a) is eliminated; or (b) if it is not practicable to eliminate the risk—is minimised. Maximum penalty: 15 penalty units. (2) An offence against this section is a strict liability offence. Chapter 2 Certain dangerous substances Part 2.9 Non-registrable premises Division 2.9.3 Non-registrable premises—information Section 294 page 88 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 R27 29/08/16 Unauthorised version prepared by ACT Parliamentary Counsel's Office Division 2.9.3 Non-registrable premises— information 294 Non-registrable premises—information for substance handlers (1) This section applies to— (a) a person in control of non-registrable premises (the person in control) in relation to the handling of a dangerous substance at the premises; and (b) someone else (the handler) who carries out, or is to carry out, tasks involving the handling of the substance (handling tasks) at the premises. (2) The person in control must ensure that the handler is given induction, information, training and supervision that is— (a) in a language and way appropriate to the handler; and (b) relevant to the handling tasks and the associated risks. Maximum penalty: 30 penalty units. (3) The person in control must ensure that the induction, information and training given under subsection (2) includes instruction about— (a) the nature of the hazards and properties of the dangerous substance, and the processes used for identifying, assessing and eliminating or reducing the risks associated with the hazards that are relevant to the handling tasks; and (b) the purpose, use and maintenance of measures for eliminating or reducing the risks; and (c) the proper use and fitting of personal protective or safety equipment. Maximum penalty: 30 penalty units. Certain dangerous substances Chapter 2 Non-registrable premises Part 2.9 Non-registrable premises—information Division 2.9.3 Section 295 R27 29/08/16 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 page 89 Unauthorised version prepared by ACT Parliamentary Counsel's Office (4) An offence against this section is a strict liability offence. 295 Non-registrable premises—information for plant users (1) A person in control of non-registrable premises must ensure that a person responsible for plant at the premises that is used to handle a dangerous substance is given the information on procedures for the safe operation of the plant necessary to ensure that— (a) any risk to the responsible person or anyone else at the premises is eliminated; or (b) if it is not practicable to eliminate the risk—the risk is minimised. Maximum penalty: 15 penalty units. (2) An offence against this section is a strict liability offence. (3) In this section: responsible—a person is responsible for plant at non-registrable premises if the person does any of the following: (a) operates the plant; (b) accesses the plant; (c) maintains the plant; (d) repairs the plant; (e) inspects the plant; (f) tests the plant. Chapter 2 Certain dangerous substances Part 2.9 Non-registrable premises Division 2.9.3 Non-registrable premises—information Section 296 page 90 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 R27 29/08/16 Unauthorised version prepared by ACT Parliamentary Counsel's Office 296 Non-registrable premises—information for visitors (1) A person in control of non-registrable premises must ensure that a visitor to the premises is given any information, safety instructions and supervision necessary to ensure that— (a) any risk to the visitor or anyone else at the premises is eliminated; or (b) if it is not practicable to eliminate the risk—the risk is minimised. Maximum penalty: 15 penalty units. (2) An offence against this section is a strict liability offence. 297 Non-registrable premises—safety data sheets (1) A person in control of non-registrable premises must, for a dangerous substance handled, or proposed to be handled, at the premises— (a) obtain a current safety data sheet for the substance on or before the first occasion the substance is supplied to the premises; and (b) ensure that a current safety data sheet for the substance is readily accessible to anyone handling the substance at the premises, and to the emergency services. Maximum penalty: 15 penalty units. (2) Subsection (1) does not apply to a dangerous substance that is— (a) in transit; or Certain dangerous substances Chapter 2 Non-registrable premises Part 2.9 Non-registrable premises—information Division 2.9.3 Section 297 R27 29/08/16 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 page 91 Unauthorised version prepared by ACT Parliamentary Counsel's Office (b) handled (or to be handled) at a retail outlet or warehouse in packaged form, is correctly packed and labelled, and is sold (or to be sold) unopened. Note 1 A dangerous substance is packaged if it is in a container of a defined limited capacity (see s 203 (Definitions—ch 2)). Note 2 See s 212 (Correct packing—Act, s 14) and s 213 (Correct labelling— Act, s 14). (3) If, because of subsection (2), a person in control of non-registrable premises is not required to have, and does not have, a safety data sheet for a dangerous substance, the person must ensure that alternative information for the safe handling of the substance is readily accessible to people at the premises. Maximum penalty: 15 penalty units. (4) If a person in control of non-registrable premises makes accessible a safety data sheet for a dangerous substance, and the person also makes accessible other information about the safe handling of the substance, the person in control of the premises must ensure that the other information is— (a) consistent with the information contained in the safety data sheet; and (b) clearly identified as information provided by the person in control of the premises. Maximum penalty: 15 penalty units. (5) An offence against this section is a strict liability offence. Chapter 2 Certain dangerous substances Part 2.9 Non-registrable premises Division 2.9.3 Non-registrable premises—information Section 298 page 92 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 R27 29/08/16 Unauthorised version prepared by ACT Parliamentary Counsel's Office 298 Non-registrable premises—register of dangerous substances (1) A person in control of non-registrable premises must ensure that— (a) a register is kept for dangerous substances handled at the premises; and (b) the register contains a list of each dangerous substance handled at the premises, together with the safety data sheet for the substance (if required under section 297 (Non-registrable premises—safety data sheets)); and (c) the register is readily accessible to people at the premises. Maximum penalty: 15 penalty units. (2) Subsection (1) does not apply to a dangerous substance— (a) received in a package not large enough to require marking under the Australian Dangerous Goods Code; or (b) in transit. (3) An offence against this section is a strict liability offence. 299 Non-registrable premises records—change of person in control (1) This section applies if a person (the departing controller) stops being a person in control of non-registrable premises while dangerous substances remain at the premises. (2) The departing controller must ensure that the register kept under section 298 (Non-registrable premises—register of dangerous substances) remains at the premises when the departing controller stops being a person in control of the premises. Maximum penalty: 10 penalty units. Certain dangerous substances Chapter 2 Non-registrable premises Part 2.9 Non-registrable premises—information Division 2.9.3 Section 299A R27 29/08/16 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 page 93 Unauthorised version prepared by ACT Parliamentary Counsel's Office (3) A person in control of the premises at any time after the departing controller stops being a person in control of the premises must ensure that the register kept under section 298 (Non-registrable premises—register of dangerous substances) remains, and continues to be kept, at the premises while dangerous substances are present, or are likely to be present, at the premises. Maximum penalty: 10 penalty units. (4) An offence against this section is a strict liability offence. 299A Non-registrable premises—incorrectly labelled packages A person in control of non-registrable premises commits an offence if— (a) the person receives, and accepts, a package at the premises; and (b) the person knows, or ought reasonably to know— (i) that the package contains a dangerous substance; and (ii) that the package is not correctly labelled; and (c) the person fails to ensure that— (i) the labelling on the package is corrected; or (ii) the package is relabelled correctly. Maximum penalty: 15 penalty units. Note See s 213 (Correct labelling—Act, s 14). 299B Non-registrable premises—information placards for tanks (1) This section applies to a dangerous substance stored in a tank at non-registrable premises, unless the substance is in a tank that is— (a) intended to be carried; and Chapter 2 Certain dangerous substances Part 2.9 Non-registrable premises Division 2.9.3 Non-registrable premises—information Section 299B page 94 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 R27 29/08/16 Unauthorised version prepared by ACT Parliamentary Counsel's Office (b) placarded in accordance with the requirements of the Australian Dangerous Goods Code for dangerous goods of the same kind. (2) A person in control of the premises must ensure that an information placard for the dangerous substance is displayed that— (a) complies with schedule 2, part 2.2 (Information placards— tanks); and (b) is clearly visible to a person approaching the tank. Maximum penalty: 15 penalty units. (3) An offence against this section is a strict liability offence. Asbestos and asbestos containing material Chapter 3 Important concepts Part 3.1 Section 300 R27 29/08/16 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 page 95 Unauthorised version prepared by ACT Parliamentary Counsel's Office Chapter 3 Asbestos and asbestos containing material Part 3.1 Important concepts 300 Object—ch 3 The object of this chapter is to protect people against the risk of asbestos-related disease resulting from exposure to airborne asbestos fibres. 301 Meaning of asbestos containing material (ACM)—ch 3 In this chapter: asbestos containing material (ACM)—see the Work Health and Safety Regulation 2011, dictionary. 303 When asbestos and asbestos containing material correctly packed—Act, s 14 (1) (a) Asbestos or an asbestos containing material is correctly packed if it is packed in a way that minimises the possibility of the release into the environment of airborne asbestos fibres. Note This provision applies to both commercial and non-commercial packing of asbestos and asbestos containing material (see Act, s 7 (2)). 304 When asbestos and asbestos containing material correctly labelled—Act, s 14 (2) (a) Asbestos or an asbestos containing material is correctly labelled if the package in which it is packed is clearly labelled to identify that the package contains asbestos or an asbestos containing material. Note This provision applies to both commercial and non-commercial labelling of asbestos and asbestos containing material (see Act, s 7 (2)). http://www.legislation.act.gov.au/sl/2011-36 http://www.legislation.act.gov.au/sl/2011-36 http://www.legislation.act.gov.au/a/2004-7/default.asp http://www.legislation.act.gov.au/a/2004-7/default.asp Chapter 3 Asbestos and asbestos containing material Part 3.1 Important concepts Section 305 page 96 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 R27 29/08/16 Unauthorised version prepared by ACT Parliamentary Counsel's Office 305 Asbestos and asbestos containing material are prohibited dangerous substances—Act, s 73, def prohibited dangerous substance Asbestos and asbestos containing material are prohibited dangerous substances. Note See the Act, s 73, def prohibited dangerous substance, par (b). http://www.legislation.act.gov.au/a/2004-7/default.asp Asbestos and asbestos containing material Chapter 3 Authorised handling of asbestos and asbestos containing material Part 3.2 Section 306 R27 29/08/16 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 page 97 Unauthorised version prepared by ACT Parliamentary Counsel's Office Part 3.2 Authorised handling of asbestos and asbestos containing material Note 1 The non-commercial manufacture of asbestos containing material is prohibited except in certain circumstances (see Act, s 74 (1)). Note 2 The transport of asbestos and asbestos containing material is regulated by the Dangerous Goods (Road Transport) Act 2009. 306 Authorised importation of asbestos and asbestos containing material—Act, s 75 (1) (b) A person is authorised to import asbestos or asbestos containing material if the asbestos or asbestos containing material is imported for non-commercial use in asbestos-related work. Note This provision applies to both commercial and non-commercial importation of asbestos and asbestos containing material (see Act, s 7 (2)). 307 Authorised supply of asbestos and asbestos containing material—Act, s 76 (1) (b) and (3) (b) A person is authorised to supply asbestos or asbestos containing material to someone else if the asbestos or asbestos containing material is supplied for non-commercial use in asbestos-related work. Note This provision applies to both commercial and non-commercial supply of asbestos and asbestos containing material (see Act, s 7 (2)). 308 Authorised possession of asbestos and asbestos containing material—Act, s 77 (1) (b) (1) A person conducting a business or undertaking is authorised to possess asbestos or asbestos containing material, for commercial use, if the possession of the asbestos or asbestos containing material is in accordance with the Work Health and Safety Regulation 2011. http://www.legislation.act.gov.au/a/2004-7/default.asp http://www.legislation.act.gov.au/a/2009-34 http://www.legislation.act.gov.au/a/2004-7/default.asp http://www.legislation.act.gov.au/a/2004-7/default.asp http://www.legislation.act.gov.au/sl/2011-36 Chapter 3 Asbestos and asbestos containing material Part 3.2 Authorised handling of asbestos and asbestos containing material Section 308 page 98 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 R27 29/08/16 Unauthorised version prepared by ACT Parliamentary Counsel's Office (2) A person is authorised to possess asbestos or asbestos containing material, for non-commercial use, if the asbestos or asbestos containing material— (a) is in plant or a vehicle in the person’s possession; and Note Plant includes machinery and equipment and a building or other structure (see Act, dict). (b) is fixed in place; and (c) was fixed in place before 31 December 2003; and (d) is fixed in a way that does not cause a risk unless it is disturbed. (3) A person is authorised to possess asbestos if— (a) the asbestos is in its natural form in minimal quantities in another mineral; and (b) the presence of the asbestos is incidental to the purpose of disturbing or extracting the other mineral. (4) However, this section does not authorise a person to possess chrysotile or chrysotile containing material. (5) In this section: person conducting a business or undertaking—see the Work Health and Safety Act 2011, section 5. Note This provision applies to both commercial and non-commercial possession of asbestos and asbestos containing material (see Act, s 7 (2)). http://www.legislation.act.gov.au/a/2004-7/default.asp http://www.legislation.act.gov.au/a/2011-35 http://www.legislation.act.gov.au/a/2011-35 http://www.legislation.act.gov.au/a/2004-7/default.asp Asbestos and asbestos containing material Chapter 3 Authorised handling of asbestos and asbestos containing material Part 3.2 Section 309 R27 29/08/16 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 page 99 Unauthorised version prepared by ACT Parliamentary Counsel's Office 309 Storage of asbestos and asbestos containing material— Act, s 78 (1) (a) A person who stores asbestos or an asbestos containing material that has been removed from plant or a vehicle (the waste) must ensure that— (a) the waste is correctly packed and labelled; and (b) the person disposes of the waste as soon as practicable after the person comes into possession of the waste. Note 1 Plant includes machinery and equipment and a building or other structure (see Act, dict). Note 2 This provision applies only to non-commercial storage of asbestos and asbestos containing material (see Act, s 7 (2)). 310 Authorised use of asbestos and asbestos containing material—Act, s 79 (1) (b) (1) A person is authorised to use asbestos or asbestos containing material if the asbestos or asbestos containing material— (a) is in plant or a vehicle used by the person; and Note Plant includes machinery and equipment and a building or other structure (see Act, dict). (b) is fixed in place; and (c) was fixed in place before 31 December 2003; and (d) is fixed in a way that does not cause a risk unless it is disturbed. (2) A person is authorised to use asbestos if— (a) the asbestos is in its natural form in minimal quantities in another mineral; and (b) the presence of the asbestos is incidental to the purpose of disturbing or extracting the other mineral. http://www.legislation.act.gov.au/a/2004-7/default.asp http://www.legislation.act.gov.au/a/2004-7/default.asp http://www.legislation.act.gov.au/a/2004-7/default.asp Chapter 3 Asbestos and asbestos containing material Part 3.2 Authorised handling of asbestos and asbestos containing material Section 310 page 100 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 R27 29/08/16 Unauthorised version prepared by ACT Parliamentary Counsel's Office (3) However, this section does not authorise a person to possess chrysotile or chrysotile containing material. Note This provision applies only to non-commercial use of asbestos and asbestos containing material (see Act, s 7 (2)). http://www.legislation.act.gov.au/a/2004-7/default.asp Asbestos and asbestos containing material Chapter 3 Asbestos management—non-workplace premises Part 3.3 Section 311 R27 29/08/16 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 page 101 Unauthorised version prepared by ACT Parliamentary Counsel's Office Part 3.3 Asbestos management— non-workplace premises 311 Application—pt 3.3 (1) This part applies to premises if— (a) asbestos or asbestos containing material is being removed from the premises; and (b) at the time the asbestos or asbestos containing material is being removed, the premises are not a workplace. (2) However, this part does not apply to premises if the removal of asbestos or asbestos containing material is incidental to minor or routine maintenance work, or other minor work, at the premises. (3) In this section: workplace—see the Work Health and Safety Act 2011, section 8. 312 Removal of asbestos or ACM from premises (1) A person must not remove asbestos or asbestos containing material from premises unless the person is a licensed asbestos removalist, licensed to remove the asbestos or asbestos containing material. Maximum penalty: 40 penalty units. (2) An offence against this section is a strict liability offence. 313 Asbestos removal control plan (1) A licensed asbestos removalist must prepare an asbestos removal control plan for any licensed asbestos removal work the removalist is commissioned to undertake. Maximum penalty: 40 penalty units. http://www.legislation.act.gov.au/a/2011-35 Chapter 3 Asbestos and asbestos containing material Part 3.3 Asbestos management—non-workplace premises Section 314 page 102 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 R27 29/08/16 Unauthorised version prepared by ACT Parliamentary Counsel's Office (2) An asbestos removal control plan must include— (a) details of how the asbestos removal will be carried out, including the method to be used and the tools, equipment and personal protective equipment to be used; and (b) details of the asbestos to be removed, including the location, type and condition of the asbestos. (3) The licensed asbestos removalist must give a copy of the asbestos removal control plan to the person who commissioned the licensed asbestos removal work. Maximum penalty: 24 penalty units. (4) An offence against this section is a strict liability offence. 314 Asbestos removal control plan to be kept and available (1) Subject to subsection (2), a licensed asbestos removalist must ensure that a copy of the asbestos removal control plan prepared under section 313 is kept until the asbestos removal work to which it relates is completed. Maximum penalty: 24 penalty units. (2) If a notifiable incident occurs in connection with the asbestos removal work to which the asbestos removal control plan relates, the licensed asbestos removalist must keep the asbestos removal control plan for at least 2 years after the incident occurs. Maximum penalty: 24 penalty units. (3) The licensed asbestos removalist must ensure that, for the period for which the asbestos removal control plan must be kept under this section, a copy is— Asbestos and asbestos containing material Chapter 3 Asbestos management—non-workplace premises Part 3.3 Section 314 R27 29/08/16 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 page 103 Unauthorised version prepared by ACT Parliamentary Counsel's Office (a) readily accessible to— (i) the person who commissioned the licensed asbestos removal work; and (ii) if the asbestos removal work is to be carried out in residential premises—the occupants of the premises; and (b) available for inspection under the Act. Maximum penalty: 24 penalty units. (4) An offence against this section is a strict liability offence. Chapter 3 Asbestos and asbestos containing material Part 3.5 Asbestos management—residential premises Section 337 page 104 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 R27 29/08/16 Unauthorised version prepared by ACT Parliamentary Counsel's Office Part 3.5 Asbestos management— residential premises 337 Application—pt 3.5 This part applies to residential premises (affected residential premises) that contain or have contained loose-fill asbestos insulation. 338 Definitions—pt 3.5 In this part: approved warning sign means a warning sign that— (a) complies with the standard approved under section 339 (1) (a); and (b) is displayed in the way, and in a place, approved under section 339 (1) (b). asbestos contamination means loose-fill asbestos contaminated dust or debris. asbestos contamination report, for affected residential premises— see section 341 (1). contamination management plan—see section 341 (1) (c). licensed asbestos assessor—see the Work Health and Safety Regulation 2011, dictionary. licensed asbestos removalist—see the Work Health and Safety Regulation 2011, dictionary. living areas, of premises, means all internal areas of the premises other than— (a) the roof space, wall cavity or sub-floor area; and http://www.legislation.act.gov.au/sl/2011-36 http://www.legislation.act.gov.au/sl/2011-36 http://www.legislation.act.gov.au/sl/2011-36 http://www.legislation.act.gov.au/sl/2011-36 Asbestos and asbestos containing material Chapter 3 Asbestos management—residential premises Part 3.5 Section 339 R27 29/08/16 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 page 105 Unauthorised version prepared by ACT Parliamentary Counsel's Office (b) any shed, carport or other structure that is not attached to the main structure of the premises. regulator—see the Work Health and Safety Act 2011, dictionary. residential premises—see the Act, section 47N (6). 339 Asbestos warning signs—approval (1) The Minister may approve the following in relation to a warning sign about loose-fill asbestos insulation: (a) the standard with which the warning sign must comply; (b) the way, and the place where, the warning sign must be displayed. Example—place a sticker in the switchboard Note An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132). (2) An approval under subsection (1) is a notifiable instrument. 340 Offence—asbestos warning signs (1) A person commits an offence if the person— (a) is the owner of affected residential premises; and (b) fails to ensure that an approved warning sign is displayed at the premises. Maximum penalty: 30 penalty units. (2) A person commits an offence if— (a) the person is the owner or occupier of affected residential premises; and (b) a warning sign displayed at the premises is removed from the place where it is displayed; and http://www.legislation.act.gov.au/a/2011-35 http://www.legislation.act.gov.au/a/2004-7/default.asp http://www.legislation.act.gov.au/a/2001-14 Chapter 3 Asbestos and asbestos containing material Part 3.5 Asbestos management—residential premises Section 341 page 106 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 R27 29/08/16 Unauthorised version prepared by ACT Parliamentary Counsel's Office (c) the person fails to ensure that the warning sign is replaced with an approved warning sign. Maximum penalty: 30 penalty units. 341 Asbestos contamination report (1) An asbestos contamination report, for affected residential premises, is a report prepared by a licensed asbestos assessor that— (a) identifies the location, type and condition of— (i) asbestos contamination in the living area of the premises; and (ii) any opening or crack through which asbestos contamination could enter the living area of the premises; and (b) assesses the risk— (i) resulting from the asbestos contamination in the living area of the premises; and (ii) that asbestos contamination may enter the living area of the premises; and (c) includes a plan that advises how the asbestos contamination should be managed (the contamination management plan). Note If a form is approved under the Act, s 222 for this provision, the form must be used. (2) The contamination management plan must identify— (a) work required to seal, lock or clean the living areas of the premises; and (b) any location at the premises where a warning sign must be displayed. http://www.legislation.act.gov.au/a/2004-7/ Asbestos and asbestos containing material Chapter 3 Asbestos management—residential premises Part 3.5 Section 342 R27 29/08/16 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 page 107 Unauthorised version prepared by ACT Parliamentary Counsel's Office 342 Asbestos contamination report—owner and occupier responsibilities (1) The owner of affected residential premises must— (a) have an asbestos contamination report for the premises that— (i) is less than 2 years old; and (ii) was prepared after any building work at, or structural damage to, the premises that may have disturbed asbestos contamination in the roof space, wall cavity or sub-floor area; and Examples—structural damage  fire damage  dislodged fixture or fitting  hole in ceiling, wall or floor Note An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132). (b) arrange for a licensed asbestos removalist to do the following within 6 months after the inspection date for the report: (i) any work required under the contamination management plan to seal, lock or clean the living areas of the premises; (ii) install any warning sign required under the contamination management plan; and (c) comply with any other requirement in the contamination management plan; and (d) if the owner or anyone else is to do building work or maintenance work at the premises that may disturb asbestos contamination in the roof space, wall cavity or sub-floor area— tell the regulator about the work at least 5 business days before the day the work begins; and http://www.legislation.act.gov.au/a/2001-14 Chapter 3 Asbestos and asbestos containing material Part 3.5 Asbestos management—residential premises Section 342 page 108 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 R27 29/08/16 Unauthorised version prepared by ACT Parliamentary Counsel's Office (e) give a copy of the report to an occupier of the premises. (2) An occupier of affected residential premises— (a) must— (i) tell a person who enters the living areas of the premises about the asbestos contamination; and (ii) make a copy of the asbestos contamination report for the premises available to the person; and (b) must not tamper, or attempt to tamper, with— (i) work undertaken to seal, lock or clean the living areas of the premises; or (ii) a warning sign required under the contamination management plan for the premises. (3) This section does not apply to residential premises— (a) owned by a person who has agreed, in writing, to surrender the crown lease for the premises before 1 July 2016; or (b) acquired by the Territory under the buyback scheme. (4) In this section: building work—see the Building Act 2004, section 6. buyback scheme—see the Dangerous Substances Act 2004, section 47N (6). inspection date, for an asbestos contamination report, means the date the premises were last inspected by the licensed asbestos assessor for the purposes of preparing the report. maintenance work does not include minor or routine maintenance work. http://www.legislation.act.gov.au/a/2004-11 http://www.legislation.act.gov.au/a/2004-7 Asbestos and asbestos containing material Chapter 3 Asbestos management—residential premises Part 3.5 Section 343 R27 29/08/16 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 page 109 Unauthorised version prepared by ACT Parliamentary Counsel's Office 343 Assessor must give copy of report to regulator and owner A licensed asbestos assessor who prepares an asbestos contamination report for affected residential premises must give a copy of the report to— (a) the regulator; and (b) the owner of the premises. 344 Asbestos removalist must give copy of work report to regulator and owner A licensed asbestos removalist who does work required under an asbestos contamination report for affected residential premises must— (a) certify whether the work has been completed in accordance with the contamination management plan; and (b) give the certification to— (i) the regulator; and (ii) the owner of the premises; and (iii) the occupier of the premises. Note If a form is approved under the Act, s 222 for this provision, the form must be used. http://www.legislation.act.gov.au/a/2004-7/ Chapter 4 Security sensitive substances Part 4.1 Important concepts Section 400 page 110 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 R27 29/08/16 Unauthorised version prepared by ACT Parliamentary Counsel's Office Chapter 4 Security sensitive substances Part 4.1 Important concepts 400 Meaning of security sensitive substance—ch 4 (1) In this chapter: security sensitive substance means— (a) a substance mentioned in schedule 4, table 4.1; or (b) a substance determined under subsection (2) to be a security sensitive substance. (2) The Minister may, in writing, determine that a dangerous substance (other than an explosive) is a security sensitive substance. Note For the meaning of explosive, see the Act, s 73 and the Dangerous Substances (Explosives) Regulation 2004, s 7. (3) A determination under subsection (2) is a disallowable instrument. Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act. 401 Security sensitive substance is controlled dangerous substance—Act, s 73 A security sensitive substance is a controlled dangerous substance for the Act. 402 Definitions—ch 4 In this chapter: adverse security assessment—see the Australian Security Intelligence Organisation Act 1979 (Cwlth), section 35. close associate, of a person—see the Act, section 48. http://www.legislation.act.gov.au/a/2004-7/default.asp http://www.legislation.act.gov.au/sl/2004-10 http://www.legislation.act.gov.au/sl/2004-10 http://www.legislation.act.gov.au/a/2001-14 http://www.comlaw.gov.au/Series/C2004A02123 http://www.comlaw.gov.au/Series/C2004A02123 http://www.legislation.act.gov.au/a/2004-7/default.asp Security sensitive substances Chapter 4 Important concepts Part 4.1 Section 402 R27 29/08/16 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 page 111 Unauthorised version prepared by ACT Parliamentary Counsel's Office qualified security assessment—see the Australian Security Intelligence Organisation Act 1979 (Cwlth), section 35. security cleared responsible person—a person is a security cleared responsible person in relation to a security sensitive substance if— (a) the person is a responsible person for the substance; and (b) the person is an adult; and (c) an adverse security assessment or qualified security assessment has not been given in relation to the person or a close associate of the person; and (d) the person has not been convicted or found guilty in the ACT or elsewhere within the previous 5 years of an offence involving— (i) a dangerous substance; or (ii) a firearm; or (iii) actual or threatened violence; or (iv) fraud or dishonesty. Note The Act, s 18 defines a responsible person for a dangerous substance (including a security sensitive substance) as a person in control of the 0handling of the substance, premises where the substance is handled, or plant or a system for handling the substance. security plan, for a licence, means a security plan for handling a security sensitive substance under the licence— (a) in the form required to be included in an application for the licence; and (b) as amended from time to time under this chapter. security risk assessment, in relation to the handling of a security sensitive substance, means a written assessment that identifies and assesses the security risks (external and internal) associated with the handling of the substance. http://www.comlaw.gov.au/Series/C2004A02123 http://www.comlaw.gov.au/Series/C2004A02123 http://www.legislation.act.gov.au/a/2004-7/default.asp Chapter 4 Security sensitive substances Part 4.1 Important concepts Section 402 page 112 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 R27 29/08/16 Unauthorised version prepared by ACT Parliamentary Counsel's Office security sensitive substance—see section 400. unsupervised access—a person has unsupervised access to a security sensitive substance if the person has access to the substance when not under the supervision of a person who— (a) holds a licence for this chapter; or (b) is a security cleared responsible person. Security sensitive substances Chapter 4 Security sensitive substances—general duties Part 4.2 Section 403 R27 29/08/16 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 page 113 Unauthorised version prepared by ACT Parliamentary Counsel's Office Part 4.2 Security sensitive substances— general duties 403 Loss or theft of security sensitive substances—reporting (1) A responsible person for a security sensitive substance, on becoming aware of an incident of theft or loss at premises where the substance is stored, must— (a) without delay, tell the director-general and a police officer about the incident; and (b) as soon as practicable, give a written report to the director-general setting out the details of the incident and describing the kind and amount of any security sensitive substances lost or stolen. Maximum penalty: 30 penalty units. Note 1 Premises are defined in the Act, dict, to include land, structures and vehicles. Note 2 Responsible person, for a dangerous substance (including a security sensitive substance), is defined in the Act, s 18. (2) An offence against this section is a strict liability offence. (3) In this section: incident of theft or loss, at premises, means— (a) the theft or loss of a security sensitive substance from the premises; or (b) a break-in at the premises; or (c) an attempt to do something mentioned in paragraph (a) or (b). http://www.legislation.act.gov.au/a/2004-7/default.asp http://www.legislation.act.gov.au/a/2004-7/default.asp Chapter 4 Security sensitive substances Part 4.3 Security sensitive substances—general licence requirements Section 404 page 114 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 R27 29/08/16 Unauthorised version prepared by ACT Parliamentary Counsel's Office Part 4.3 Security sensitive substances— general licence requirements 404 Suitable person to hold licence—Act, s 49 (1) (i) For the Act, the matters the director-general must have regard to in deciding whether a person is a suitable person to be issued with, or to continue to hold, a licence to handle a security sensitive substance include— (a) whether an adverse security assessment or a qualified security assessment has been given in relation to— (i) the person or a close associate of the person; or (ii) if the person is a corporation—an officer of the corporation or a close associate of an officer of the corporation; and (b) if the person is an individual—whether the person is an adult. Note Additional criteria apply to the issue of licences (see Act, pt 4.2). 405 Licence may only be issued for authorised purposes The director-general may only issue a licence authorising the handling of a security sensitive substance for an authorised purpose mentioned in schedule 4, table 4.1, column 3 for the substance. http://www.legislation.act.gov.au/a/2004-7/default.asp http://www.legislation.act.gov.au/a/2004-7/default.asp Security sensitive substances Chapter 4 Manufacturing security sensitive substances Part 4.4 Section 406 R27 29/08/16 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 page 115 Unauthorised version prepared by ACT Parliamentary Counsel's Office Part 4.4 Manufacturing security sensitive substances 406 Meaning of manufacturing licence—ch 4 In this chapter: manufacturing licence means a licence issued for this part authorising the manufacture of a security sensitive substance. Note 1 Licences are issued under the Act (see Act, dict, def licence). Note 2 Manufacture is defined in the Act, dict. 407 Authority to manufacture security sensitive substances A person is authorised to manufacture a security sensitive substance if the person— (a) holds a manufacturing licence authorising the manufacture of the substance; or (b) is an individual engaged (as an employee or contractor) to manufacture the substance under the supervision of a person who holds a manufacturing licence. Note 1 Licences are issued under the Act, ch 4 (Licences for dangerous substances). Security sensitive substances are dangerous substances. Note 2 A person who manufactures a security sensitive substance without authorisation may commit an offence against the Act, pt 5.1. 408 Person in control of manufacture—Act, s 17 (1) (e) For the Act, the holder of a manufacturing licence is a person in control of all of the following in relation to the manufacture of a security sensitive substance under the licence: (a) the handling of the substance; (b) the premises where the substance is manufactured; http://www.legislation.act.gov.au/a/2004-7/default.asp http://www.legislation.act.gov.au/a/2004-7/default.asp http://www.legislation.act.gov.au/a/2004-7/default.asp http://www.legislation.act.gov.au/a/2004-7/default.asp http://www.legislation.act.gov.au/a/2004-7/default.asp Chapter 4 Security sensitive substances Part 4.4 Manufacturing security sensitive substances Section 409 page 116 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 R27 29/08/16 Unauthorised version prepared by ACT Parliamentary Counsel's Office (c) any associated plant or system; (d) any associated activity. Note The Act, ch 3 (Safety duties for dangerous substances) imposes safety duties on a person in control of activities, plants, systems and premises relating to the handling of the dangerous substances. 409 Manufacturing licence applications—Act, s 50 (2) An application for a manufacturing licence for a security sensitive substance must include the following: (a) the name and address of, and copies of identification papers for— (i) the applicant; and (ii) anyone who is to be a responsible person for the substance; (b) if the applicant is a corporation—the corporation’s ACN; (c) the purpose of the manufacture; (d) the address of the premises where the substance is to be manufactured; (e) a security plan prepared in accordance with section 410; (f) any information or documents required by a form for the application approved under the Act, section 222. 410 Manufacturing licence applications—security plans (1) A security plan for the manufacture of a security sensitive substance must be based on a security risk assessment. (2) The security plan must include the following: (a) details of the production process to be used; http://www.legislation.act.gov.au/a/2004-7/default.asp http://www.legislation.act.gov.au/a/2004-7/default.asp Security sensitive substances Chapter 4 Manufacturing security sensitive substances Part 4.4 Section 411 R27 29/08/16 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 page 117 Unauthorised version prepared by ACT Parliamentary Counsel's Office (b) details of the ingredients to be used and the source of any ingredient that is a dangerous substance; (c) recording and reconciliation protocols; (d) a system for recording— (i) the name and licence details of a person who receives any of the security sensitive substance; and (ii) the amount of the substance taken by the person; (e) procedures for reporting any loss, theft or attempted theft of the security sensitive substance; (f) any information or documents required by a form for the security plan approved under the Act, section 222. 411 Manufacturing licence conditions—Act, s 53 (2) (b) The following conditions apply to a manufacturing licence for a security sensitive substance: (a) the licensee must ensure that the substance is manufactured only for the purpose stated in the licence; (b) the licensee must ensure that— (i) the security plan for the licence is implemented; and (ii) a copy of the plan is available for inspection at each premises used for manufacturing the substance under the licence; (c) the licensee must ensure that no-one other than a security cleared responsible person named in the licence has unsupervised access to the substance; http://www.legislation.act.gov.au/a/2004-7/default.asp Chapter 4 Security sensitive substances Part 4.4 Manufacturing security sensitive substances Section 412 page 118 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 R27 29/08/16 Unauthorised version prepared by ACT Parliamentary Counsel's Office (d) the licensee must apply to the director-general to amend the licence if the licensee proposes to— (i) add someone to, or remove someone from, the licence as a security cleared responsible person; or (ii) change the name stated in the licence of a security cleared responsible person; Note Licence amendments are made under the Act, s 58. (e) the licensee must— (i) comply with the obligations imposed on the licensee under this part; and (ii) ensure that this part is complied with in relation to the manufacture of the substance under the licence. Note 1 A licence is also subject to any conditions included in the licence by the director-general (see Act, 53 (2) (a)). Note 2 A licensee who fails to comply with a condition of the licence may commit an offence against the Act, s 63 (Failure to comply with conditions of licence). 412 Manufacturing licences—review of security plans The holder of a manufacturing licence for a security sensitive substance must— (a) amend the security plan whenever necessary to ensure that it is kept up to date; and (b) review the security plan (and make any necessary amendments) at least once every 5 years; and (c) state on the security plan— (i) the date it was prepared; and (ii) if it has been amended—the last date it was amended; and (iii) if it has been reviewed—the last date it was reviewed. http://www.legislation.act.gov.au/a/2004-7/default.asp http://www.legislation.act.gov.au/a/2004-7/default.asp http://www.legislation.act.gov.au/a/2004-7/default.asp Security sensitive substances Chapter 4 Manufacturing security sensitive substances Part 4.4 Section 413 R27 29/08/16 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 page 119 Unauthorised version prepared by ACT Parliamentary Counsel's Office 413 Manufacture records (1) The holder of a manufacturing licence must, for each security sensitive substance manufactured under the licence, make a record of the manufacture that complies with subsection (2). (2) The record must include the following: (a) the name and classification of the substance; (b) the quantity of the substance manufactured; (c) the date of manufacture; (d) a certificate of analysis for each batch; (e) whether the substance was manufactured for immediate use or supply; (f) if the substance is stored, details of storage, including the name and licence details for a person responsible for its storage; (g) any information or documents required by a form for the record approved under the Act, section 222. Note The licensee must make a record of the disposal under s 463. (3) The holder of a manufacturing licence must keep a record made under this section of the manufacture of a security sensitive substance for at least 3 years after the day of manufacture, whether or not the licence continues in force. Maximum penalty: 20 penalty units. (4) An offence against this section is a strict liability offence. http://www.legislation.act.gov.au/a/2004-7/default.asp Chapter 4 Security sensitive substances Part 4.5 Importing security sensitive substances Section 414 page 120 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 R27 29/08/16 Unauthorised version prepared by ACT Parliamentary Counsel's Office Part 4.5 Importing security sensitive substances 414 Meaning of import licence—ch 4 In this chapter: import licence means a licence issued for this part authorising the import of a security sensitive substance. Note 1 Licences are issued under the Act (see Act, dict, def licence). Note 2 Import means import into the ACT (see Act, dict). 415 Authority to import security sensitive substances A person is authorised to import a security sensitive substance if the person holds an import licence for the import of the substance. Note 1 Licences are issued under the Act, ch 4 (Licences for dangerous substances). Security sensitive substances are dangerous substances. Note 2 A person who imports a security sensitive substance without a licence may commit an offence against the Act, pt 5.1. 416 Person in control of import—Act, s 17 (1) (e) For the Act, the holder of an import licence is a person in control of all of the following in relation to the import of a security sensitive substance under the licence: (a) the handling of the substance; (b) any premises where the substance is stored by the licensee after import; (c) any associated plant or system; (d) any associated activity. Note The Act, ch 3 (Safety duties for dangerous substances) imposes safety duties on a person in control of activities, plants, systems and premises relating to the handling of the dangerous substances. http://www.legislation.act.gov.au/a/2004-7/default.asp http://www.legislation.act.gov.au/a/2004-7/default.asp http://www.legislation.act.gov.au/a/2004-7/default.asp http://www.legislation.act.gov.au/a/2004-7/default.asp http://www.legislation.act.gov.au/a/2004-7/default.asp http://www.legislation.act.gov.au/a/2004-7/default.asp Security sensitive substances Chapter 4 Importing security sensitive substances Part 4.5 Section 417 R27 29/08/16 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 page 121 Unauthorised version prepared by ACT Parliamentary Counsel's Office 417 Import licence applications—Act, s 50 (2) An application for an import licence for a security sensitive substance must include the following: (a) the name and address of, and copies of identification papers for— (i) the applicant; and (ii) anyone who is to be a responsible person for the substance; (b) if the applicant is a corporation—the corporation’s ACN; (c) the purpose of the import; (d) the address of the premises where the substance is to be stored; (e) the name and classification of the substance; (f) any information or documents required by a form for the application approved under the Act, section 222. 418 Import licence conditions—Act, s 53 (2) (b) The following conditions apply to an import licence for a security sensitive substance: (a) the licensee must import the substance only for the purpose stated in the licence; (b) the licensee must ensure that no-one other than a security cleared responsible person named in the licence has unsupervised access to the substance; (c) the licensee must apply to the director-general to amend the licence if the licensee proposes to— (i) add someone to, or remove someone from, the licence as a security cleared responsible person; or http://www.legislation.act.gov.au/a/2004-7/default.asp Chapter 4 Security sensitive substances Part 4.5 Importing security sensitive substances Section 419 page 122 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 R27 29/08/16 Unauthorised version prepared by ACT Parliamentary Counsel's Office (ii) change the name stated in the licence of a security cleared responsible person; Note Licence amendments are made under the Act, s 58. (d) the licensee must— (i) comply with the obligations imposed on the licensee under this part; and (ii) ensure that this part is complied with in relation to the import of the substance under the licence. Note 1 A licence is also subject to any conditions included in the licence by the director-general (see Act, 53 (2) (a)). Note 2 A licensee who fails to comply with a condition of the licence may commit an offence against the Act, s 63 (Failure to comply with conditions of licence). 419 Notice of import (1) The holder of an import licence must give the director-general written notice of the licensee’s intention to import a security sensitive substance. (2) The notice must be given no later than 2 business days before the day when the substance is to arrive in the ACT. (3) The notice must include the following: (a) the licensee’s licence details; (b) the intended date of import of the substance; (c) how the substance is to be carried into the ACT; (d) the name, classification and quantity of the substance to be imported; (e) contact and licence details for the person who is to receive the import; http://www.legislation.act.gov.au/a/2004-7/default.asp http://www.legislation.act.gov.au/a/2004-7/default.asp http://www.legislation.act.gov.au/a/2004-7/default.asp Security sensitive substances Chapter 4 Importing security sensitive substances Part 4.5 Section 420 R27 29/08/16 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 page 123 Unauthorised version prepared by ACT Parliamentary Counsel's Office (f) the address of the place where the substance is to be stored in the ACT; (g) the name and licence details of the person who is to carry the substance into the ACT; (h) any information or documents required by a form for the notice approved under the Act, section 222. 420 Import records (1) The holder of an import licence must make a record of all security sensitive substances imported into the ACT under the licence. (2) The holder of an import licence must keep a record made under this section of the import of a security sensitive substance for at least 3 years after the day of import, whether or not the licence continues in force. Maximum penalty: 20 penalty units. (3) An offence against this section is a strict liability offence. http://www.legislation.act.gov.au/a/2004-7/default.asp Chapter 4 Security sensitive substances Part 4.6 Carrying security sensitive substances Section 421 page 124 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 R27 29/08/16 Unauthorised version prepared by ACT Parliamentary Counsel's Office Part 4.6 Carrying security sensitive substances Note If this part requires a security sensitive substance to be carried in a particular way, and a person carrying the security sensitive substance does not comply with the requirement, the person may commit an offence against the Act, s 80 (Unauthorised carrying of certain dangerous substances). 421 Carrying definitions—ch 4 In this chapter: carrying licence means a licence issued for this part authorising the carrying of a security sensitive substance by road or rail. Note 1 Licences are issued under the Act (see Act, dict, def licence). Note 2 Carry (a dangerous substance) is defined in the Act, dict to mean the moving of the substance by any means. interstate security sensitive substances carrying authority, in relation to a security sensitive substance carried by road or rail, means a written authority (however called—for example, a licence or permit) issued under a corresponding law that authorises the authority-holder to carry the substance by road or rail. Note An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132). 422 Application of pt 4.6 (1) This part applies to the carrying of security sensitive substances by road or rail. (2) However, this part does not apply to— (a) the carrying of a quantity of a security sensitive substance that is less than the exempt quantity mentioned in schedule 4, table 4.1, column 4 for the substance; or http://www.legislation.act.gov.au/a/2004-7/default.asp http://www.legislation.act.gov.au/a/2004-7/default.asp http://www.legislation.act.gov.au/a/2004-7/default.asp http://www.legislation.act.gov.au/a/2001-14 Security sensitive substances Chapter 4 Carrying security sensitive substances Part 4.6 Section 423 R27 29/08/16 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 page 125 Unauthorised version prepared by ACT Parliamentary Counsel's Office (b) the carrying of a security sensitive substance by an inspector or police officer exercising a function under the Act. 423 Authority to carry security sensitive substances by road (1) A person must not carry a security sensitive substance by road (in the ACT) unless— (a) the person is authorised to carry the substance by road (in the ACT) under a carrying licence; or (b) the person holds an interstate security sensitive substances carrying authority that authorises the person to carry the substance by road (in the ACT). (2) A carrying licence that authorises the carrying of a security sensitive substance by road (in the ACT) authorises the carrying of the substance by— (a) the licensee; or (b) an individual engaged (as an employee or contractor) to carry the substance by road under the licensee’s supervision. Note 1 Carrying licences are issued under the Act, ch 4 (Licences for dangerous substances). Security sensitive substances are dangerous substances. Note 2 A person who carries a security sensitive substance without authorisation may commit an offence against the Act, pt 5.1. 424 Authority to carry security sensitive substances by rail (1) A person must not carry a security sensitive substance by rail (in the ACT) unless— (a) the person is authorised under a carrying licence to carry the security sensitive substance by rail (in the ACT); or (b) the person is authorised under an interstate security sensitive substances carrying authority to carry the substance by rail (in the ACT or elsewhere). http://www.legislation.act.gov.au/a/2004-7/default.asp http://www.legislation.act.gov.au/a/2004-7/default.asp Chapter 4 Security sensitive substances Part 4.6 Carrying security sensitive substances Section 425 page 126 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 R27 29/08/16 Unauthorised version prepared by ACT Parliamentary Counsel's Office (2) A carrying licence that authorises the carrying of a security sensitive substance by rail (in the ACT) authorises the carrying of the substance by— (a) the licensee; or (b) an individual engaged (as an employee or contractor) to carry the substance by rail under the licensee’s supervision. Note 1 Carrying licences are issued under the Act, ch 4 (Licences for dangerous substances). Security sensitive substances are dangerous substances. Note 2 A person who carries a security sensitive substance without authorisation may commit an offence against the Act, pt 5.1. 425 Engaging someone else to carry security sensitive substances (1) A person must not engage someone else to carry a security sensitive substance by road or rail. Maximum penalty: 30 penalty units. (2) Subsection (1) does not apply if the person whose services are engaged is authorised under section 423 or section 424 to carry the substance. (3) An offence against this section is a strict liability offence. 426 Person in control of carrying security sensitive substances—Act, s 17 (1) (e) For the Act, the holder of a carrying licence is a person in control of all of the following in relation to the carrying of a security sensitive substance under the licence: (a) the handling of the substance; (b) any premises where the substance is stored by the licensee for carrying; http://www.legislation.act.gov.au/a/2004-7/default.asp http://www.legislation.act.gov.au/a/2004-7/default.asp http://www.legislation.act.gov.au/a/2004-7/default.asp Security sensitive substances Chapter 4 Carrying security sensitive substances Part 4.6 Section 427 R27 29/08/16 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 page 127 Unauthorised version prepared by ACT Parliamentary Counsel's Office (c) any associated plant or system; (d) any associated activity. Note The Act, ch 3 (Safety duties for dangerous substances) imposes safety duties on a person in control of activities, plants, systems and premises relating to the handling of the dangerous substances. 427 Carrying licence applications—Act, s 50 (2) An application for a carrying licence for a security sensitive substance must include the following: (a) the name and address of, and copies of identification papers for— (i) the applicant; and (ii) anyone who is to be a responsible person for the substance; (b) if the applicant is a corporation—the corporation’s ACN; (c) the purpose of the carrying; (d) details of each vehicle to be used for carrying the substance, including the following: (i) make; (ii) model; (iii) year of manufacture; (iv) registration number; (v) engine number; (vi) carrying capacity; (vii) type of fuel; (e) a security plan prepared in accordance with section 428 (Carrying licence applications—security plans); http://www.legislation.act.gov.au/a/2004-7/default.asp Chapter 4 Security sensitive substances Part 4.6 Carrying security sensitive substances Section 428 page 128 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 R27 29/08/16 Unauthorised version prepared by ACT Parliamentary Counsel's Office (f) any information or documents required by a form for the application approved under the Act, section 222. 428 Carrying licence applications—security plans (1) A security plan for carrying a security sensitive substance must be based on a security risk assessment. (2) The security plan must include the following: (a) details of the precautions to be taken to ensure the security sensitive substance is secure for the duration of the entire journey; (b) procedures for working out routes for the transport of the security sensitive substance; (c) recording and reconciliation protocols; (d) procedures for reporting any loss, theft or attempted theft of the security sensitive substance; (e) any information or documents required by a form for the security plan approved under the Act, section 222. 429 Carrying licence conditions—Act, s 53 (2) (b) The following conditions apply to a carrying licence for a security sensitive substance: (a) the licensee must ensure that the substance is carried only for the purpose stated in the licence; (b) the licensee must ensure that— (i) the security plan for the licence is implemented; and (ii) a copy of the plan is available for inspection in each vehicle used for carrying the substance under the licence; http://www.legislation.act.gov.au/a/2004-7/default.asp http://www.legislation.act.gov.au/a/2004-7/default.asp Security sensitive substances Chapter 4 Carrying security sensitive substances Part 4.6 Section 430 R27 29/08/16 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 page 129 Unauthorised version prepared by ACT Parliamentary Counsel's Office (c) the licensee must ensure that no-one other than a security cleared responsible person named in the licence has unsupervised access to the substance; (d) the licensee must apply to the director-general to amend the licence if the licensee proposes to— (i) add someone to, or remove someone from, the licence as a security cleared responsible person; or (ii) change the name stated in the licence of a security cleared responsible person; Note Licence amendments are made under the Act, s 58. (e) the licensee must— (i) comply with the obligations imposed on the licensee under this part; and (ii) ensure that this part is complied with in relation to the carrying of the substance under the licence. Note 1 A licence is also subject to any conditions included in the licence by the director-general (see Act, 53 (2) (a)). Note 2 A licensee who fails to comply with a condition of the licence may commit an offence against the Act, s 63 (Failure to comply with conditions of licence). 430 Carrying licences—review of security plans The holder of a carrying licence for a security sensitive substance must— (a) amend the security plan whenever necessary to ensure that it is kept up to date; and (b) review the security plan (and make any necessary amendments) at least once every 5 years; and http://www.legislation.act.gov.au/a/2004-7/default.asp http://www.legislation.act.gov.au/a/2004-7/default.asp http://www.legislation.act.gov.au/a/2004-7/default.asp Chapter 4 Security sensitive substances Part 4.6 Carrying security sensitive substances Section 431 page 130 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 R27 29/08/16 Unauthorised version prepared by ACT Parliamentary Counsel's Office (c) state on the security plan— (i) the date it was prepared; and (ii) if it has been amended—the last date it was amended; and (iii) if it has been reviewed—the last date it was reviewed. 431 Route and time restrictions (1) The director-general may, in writing, determine— (a) routes by which, and times when, particular quantities of a security sensitive substance may be carried by road in the ACT; or (b) routes by which, and times when, particular quantities of a security sensitive substance must not be carried by road in the ACT. (2) An determination is a disallowable instrument. Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act. (3) If the director-general makes a determination in relation to a security sensitive substance, the substance must not be carried by road except in accordance with the determination. http://www.legislation.act.gov.au/a/2001-14 Security sensitive substances Chapter 4 Storing security sensitive substances Part 4.7 Section 432 R27 29/08/16 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 page 131 Unauthorised version prepared by ACT Parliamentary Counsel's Office Part 4.7 Storing security sensitive substances Note If this part requires a security sensitive substance to be stored in a particular way, and a person storing the substance does not comply with the requirement—  the substance is not correctly stored for the Act, s 14 (1) (a)  if the person is in control of the manufacture, import or supply of the substance, the person may commit an offence against the Act, pt 3.2 for contravention of s 26, s 27 or s 28  in addition, the person may commit an offence against the Act, pt 5.1. 432 Meaning of storage licence—ch 4 In this chapter: storage licence means a licence issued for this part authorising the storage of a security sensitive substance. Note Licences are issued under the Act (see Act, dict, def licence). 433 Authority to store security sensitive substances A person must not store a security sensitive substance unless the person is authorised under a storage licence to store the substance. Note 1 Licences are issued under the Act, ch 4 (Licences for dangerous substances). Security sensitive substances are dangerous substances. Note 2 A person who stores a security sensitive substance without a licence may commit an offence against the Act, pt 5.1. 434 Person in control of storing security sensitive substances—Act, s 17 (1) (e) For the Act, the holder of a storage licence is a person in control of all of the following in relation to the storage of a security sensitive substance under the licence: (a) the handling of the substance; http://www.legislation.act.gov.au/a/2004-7/default.asp http://www.legislation.act.gov.au/a/2004-7/default.asp http://www.legislation.act.gov.au/a/2004-7/default.asp http://www.legislation.act.gov.au/a/2004-7/default.asp http://www.legislation.act.gov.au/a/2004-7/default.asp http://www.legislation.act.gov.au/a/2004-7/default.asp http://www.legislation.act.gov.au/a/2004-7/default.asp Chapter 4 Security sensitive substances Part 4.7 Storing security sensitive substances Section 435 page 132 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 R27 29/08/16 Unauthorised version prepared by ACT Parliamentary Counsel's Office (b) the premises where the substance is stored; (c) any associated plant or system; (d) any associated activity. Note The Act, ch 3 (Safety duties for dangerous substances) imposes safety duties on a person in control of activities, plants, systems and premises relating to the handling of the dangerous substances. A security sensitive substance is a dangerous substance. 435 Storage licence applications—Act, s 50 (2) An application for a storage licence for a security sensitive substance must include the following: (a) the name and address of, and copies of identification papers for— (i) the applicant; and (ii) anyone who is to be a responsible person for the substance; (b) if the applicant is a corporation—the corporation’s ACN; (c) the purpose of the storage; (d) the address of premises where the substance is to be stored; (e) a security plan prepared in accordance with section 436 (Storage licence applications—security plans); (f) any information or documents required by a form for the application approved under the Act, section 222. http://www.legislation.act.gov.au/a/2004-7/default.asp http://www.legislation.act.gov.au/a/2004-7/default.asp Security sensitive substances Chapter 4 Storing security sensitive substances Part 4.7 Section 436 R27 29/08/16 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 page 133 Unauthorised version prepared by ACT Parliamentary Counsel's Office 436 Storage licence applications—security plans (1) A security plan for storing a security sensitive substance must be based on a security risk assessment. (2) The security plan must include the following: (a) details of the precautions to be taken to ensure the premises where the substance is stored are secure; (b) procedures for controlling access to the premises and to the substance; (c) recording and reconciliation protocols; (d) procedures for reporting any loss, theft or attempted theft of the security sensitive substance; (e) any information or documents required by a form for the security plan approved under the Act, section 222. 437 Storage licence conditions—Act, s 53 (2) (b) The following conditions apply to a storage licence for a security sensitive substance: (a) the licensee must store the substance only for the purpose stated in the licence; (b) the licensee must ensure that— (i) the security plan for the licence is implemented; and (ii) a copy of the plan is available for inspection at each premises used for storing the substance under the licence; (c) the licensee must ensure that no-one other than a security cleared responsible person named in the licence has unsupervised access to the substance; http://www.legislation.act.gov.au/a/2004-7/default.asp Chapter 4 Security sensitive substances Part 4.7 Storing security sensitive substances Section 438 page 134 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 R27 29/08/16 Unauthorised version prepared by ACT Parliamentary Counsel's Office (d) the licensee must apply to the director-general to amend the licence if the licensee proposes to— (i) add someone to, or remove someone from, the licence as a security cleared responsible person; or (ii) change the name stated in the licence of a security cleared responsible person; Note Licence amendments are made under the Act, s 58. (e) the licensee must— (i) comply with the obligations imposed on the licensee under this part; and (ii) ensure that this part is complied with in relation to the storage of the substance under the licence. Note 1 A licence is also subject to any conditions included in the licence by the director-general (see Act, 53 (2) (a)). Note 2 A licensee who fails to comply with a condition of the licence may commit an offence against the Act, s 63 (Failure to comply with conditions of licence). 438 Storage licences—review of security plans The holder of a storage licence for a security sensitive substance must— (a) amend the security plan whenever necessary to ensure that it is kept up to date; and (b) review the security plan (and make any necessary amendments) at least once every 5 years; and (c) state on the security plan— (i) the date it was prepared; and (ii) if it has been amended—the last date it was amended; and (iii) if it has been reviewed—the last date it was reviewed. http://www.legislation.act.gov.au/a/2004-7/default.asp http://www.legislation.act.gov.au/a/2004-7/default.asp http://www.legislation.act.gov.au/a/2004-7/default.asp Security sensitive substances Chapter 4 Storing security sensitive substances Part 4.7 Section 439 R27 29/08/16 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 page 135 Unauthorised version prepared by ACT Parliamentary Counsel's Office 439 Storage records (1) The holder of a storage licence must, for each premises used for the storage of security sensitive substances under the licence— (a) make a record of the storage of each security sensitive substance at the premises that complies with subsection (2); and (b) while a security sensitive substance is stored at the premises under the licence, maintain an accurate inventory of all security sensitive substances stored at the premises. (2) The record must include the following: (a) the name and classification of the substance; (b) the date of receipt; (c) the name and licence details of the person (if any) from whom the substance was received; (d) the date the security sensitive substance is removed from the premises; (e) the reason for removal; Examples of reasons 1 use 2 supply 3 disposal (f) any information or documents required by a form for the record approved under the Act, section 222. Note An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132). http://www.legislation.act.gov.au/a/2004-7/default.asp http://www.legislation.act.gov.au/a/2001-14 Chapter 4 Security sensitive substances Part 4.7 Storing security sensitive substances Section 439 page 136 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 R27 29/08/16 Unauthorised version prepared by ACT Parliamentary Counsel's Office (3) The holder of a storage licence must keep a record made under this section of the storage of a security sensitive substance from the day it is stored until at least 3 years after the day the substance is removed from storage, whether or not the licence continues in force. Maximum penalty: 20 penalty units. (4) An offence against this section is a strict liability offence. Security sensitive substances Chapter 4 Supplying security sensitive substances Part 4.8 Supply licences Division 4.8.1 Section 440 R27 29/08/16 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 page 137 Unauthorised version prepared by ACT Parliamentary Counsel's Office Part 4.8 Supplying security sensitive substances Division 4.8.1 Supply licences 440 Meaning of supply licence—ch 4 In this chapter: supply licence means a licence issued for this part authorising the supply of a security sensitive substance. Note 1 Licences are issued under the Act (see Act, dict, def licence). Note 2 Supply is defined in the Act, dict. 441 Authority to supply security sensitive substances A person is authorised to supply a security sensitive substance if the person holds a supply licence for the substance. Note 1 Licences are issued under the Act, ch 4 (Licences for dangerous substances). Security sensitive substances are dangerous substances. Note 2 A person who supplies a security sensitive substance without a licence may commit an offence against the Act, pt 5.1. 442 Person in control of supply—Act, s 17 (1) (e) For the Act, the holder of a supply licence is a person in control of all of the following in relation to the supply of a security sensitive substance under the licence: (a) the handling of the substance; (b) the premises from which the substance is supplied; (c) any associated plant or system; http://www.legislation.act.gov.au/a/2004-7/default.asp http://www.legislation.act.gov.au/a/2004-7/default.asp http://www.legislation.act.gov.au/a/2004-7/default.asp http://www.legislation.act.gov.au/a/2004-7/default.asp http://www.legislation.act.gov.au/a/2004-7/default.asp Chapter 4 Security sensitive substances Part 4.8 Supplying security sensitive substances Division 4.8.1 Supply licences Section 443 page 138 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 R27 29/08/16 Unauthorised version prepared by ACT Parliamentary Counsel's Office (d) any associated activity. Note The Act, ch 3 (Safety duties for dangerous substances) imposes safety duties on a person in control of activities, plants, systems and premises relating to the handling of the dangerous substances. A security sensitive substance is a dangerous substance. 443 Supply licence applications—Act, s 50 (2) An application for a supply licence for a security sensitive substance must include the following: (a) the name and address of, and copies of identification papers for— (i) the applicant; and (ii) anyone who is to be a responsible person for the substance; (b) if the applicant is a corporation—the corporation’s ACN; (c) the purpose of the supply; (d) details of any licence authorising the storage of the substance at the premises from which the substance is to be supplied; (e) procedures to ensure that the substance is only supplied to a person authorised to receive the substance; (f) any information or documents required by a form for the application approved under the Act, section 222. 444 Supply licence conditions—Act, s 53 (2) (b) The following conditions apply to a supply licence for a security sensitive substance: (a) the licensee must supply the substance only for the purpose stated in the licence; (b) the licensee must supply the substance only from premises where the substance is authorised to be stored under a licence; http://www.legislation.act.gov.au/a/2004-7/default.asp http://www.legislation.act.gov.au/a/2004-7/default.asp Security sensitive substances Chapter 4 Supplying security sensitive substances Part 4.8 Supply licences Division 4.8.1 Section 445 R27 29/08/16 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 page 139 Unauthorised version prepared by ACT Parliamentary Counsel's Office (c) the licensee must ensure that no-one other than a security cleared responsible person named in the licence has unsupervised access to the substance; (d) the licensee must apply to the director-general to amend the licence if the licensee proposes to— (i) add someone to, or remove someone from, the licence as a security cleared responsible person; or (ii) change the name stated in the licence of a security cleared responsible person; Note Licence amendments are made under the Act, s 58. (e) the licensee must— (i) comply with the obligations imposed on the licensee under this part; and (ii) ensure that this part is complied with in relation to the supply of the substance under the licence. Note 1 A licence is also subject to any conditions included in the licence by the director-general (see Act, 53 (2) (a)). Note 2 A licensee who fails to comply with a condition of the licence may commit an offence against the Act, s 63 (Failure to comply with conditions of licence). 445 Supply only to authorised people A security sensitive substance must not be supplied to a person unless— (a) the person is authorised under a licence to receive the substance; and (b) the person shows the supplier— (i) the licence or a certified copy of it; and http://www.legislation.act.gov.au/a/2004-7/default.asp http://www.legislation.act.gov.au/a/2004-7/default.asp http://www.legislation.act.gov.au/a/2004-7/default.asp Chapter 4 Security sensitive substances Part 4.8 Supplying security sensitive substances Division 4.8.1 Supply licences Section 446 page 140 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 R27 29/08/16 Unauthorised version prepared by ACT Parliamentary Counsel's Office (ii) identification papers for the person. Note This requirement is a condition of a licence (see s 444 (e)). A licensee who fails to comply with a condition of the licence may commit an offence against the Act, s 63 (Failure to comply with conditions of licence). 446 Supply records (1) The holder of a supply licence must, for each security sensitive substance supplied under the licence, make a record of the supply that complies with subsection (2). (2) The record must include the following: (a) the name and classification of the substance; (b) the quantity of the substance supplied and how it was packaged; Examples 1 30 kg supplied in 3 bags of 10kg 2 30 kg supplied in 1 bag of 30kg 3 20L supplied in the customer’s own container (c) the date of supply; (d) the name, address and telephone number of the person for whom the substance is supplied; (e) the licence details shown to the supplier for section 445; (f) the signature of the person taking delivery of the substance and, if that person is not the person for whom the substance is supplied, the name, address and telephone number of the person taking delivery; (g) the proposed use of the substance; http://www.legislation.act.gov.au/a/2004-7/default.asp Security sensitive substances Chapter 4 Supplying security sensitive substances Part 4.8 Advertising supply of security sensitive substances Division 4.8.2 Section 447 R27 29/08/16 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 page 141 Unauthorised version prepared by ACT Parliamentary Counsel's Office (h) any information or documents required by a form for the record approved under the Act, section 222. Note An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132). (3) The holder of a supply licence must keep a record made under this section of the supply of a security sensitive substance for at least 5 years after the day of supply, whether or not the licence continues in force. Maximum penalty: 20 penalty units. (4) An offence against this section is a strict liability offence. Division 4.8.2 Advertising supply of security sensitive substances 447 False or misleading statements about authority to supply security sensitive substances (1) A person commits an offence if— (a) the person makes a statement (whether orally, in a document or in any other way); and (b) the statement is about— (i) the supply or possible supply of a security sensitive substance; or (ii) the promotion in any way of the supply or use of a security sensitive substance; and (c) the statement is about the availability of the security sensitive substance to members of the public; and (d) the statement is false or misleading; and http://www.legislation.act.gov.au/a/2004-7/default.asp http://www.legislation.act.gov.au/a/2001-14 Chapter 4 Security sensitive substances Part 4.8 Supplying security sensitive substances Division 4.8.2 Advertising supply of security sensitive substances Section 447 page 142 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 R27 29/08/16 Unauthorised version prepared by ACT Parliamentary Counsel's Office (e) the person is reckless about whether the statement— (i) is false or misleading; or (ii) omits anything without which the statement is false or misleading; and (f) the statement is made in the course of trade or commerce. Maximum penalty: 30 penalty units. (2) Absolute liability applies to subsection (1) (f). (3) Subsection (1) (d) and (e) (i) do not apply if the statement is not false or misleading in a material particular. (4) Subsection (1) (d) and (e) (ii) do not apply if the omission does not make the statement misleading in a material particular. Security sensitive substances Chapter 4 Using security sensitive substances Part 4.9 Section 448 R27 29/08/16 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 page 143 Unauthorised version prepared by ACT Parliamentary Counsel's Office Part 4.9 Using security sensitive substances 448 Meaning of user licence—ch 4 In this chapter: user licence means a licence issued for this part authorising the use of a security sensitive substance. Note Licences are issued under the Act (see Act, dict, def licence). 449 Application of pt 4.9 (1) This part applies to the use of security sensitive substances. (2) However, this part does not apply to the use of a security sensitive substance by an inspector or police officer exercising a function under the Act. 450 Authority to use security sensitive substances A person is authorised to use a security sensitive substance if the person— (a) holds a user licence for the use of the substance; or (b) is an individual engaged (as an employee or contractor) to use the substance under the direct supervision of a person who holds a user licence. Note 1 Licences are issued under the Act, ch 4 (Licences for dangerous substances). Security sensitive substances are dangerous substances. Note 2 A person who uses a security sensitive substance without a licence may commit an offence against the Act, pt 5.1. http://www.legislation.act.gov.au/a/2004-7/default.asp http://www.legislation.act.gov.au/a/2004-7/default.asp http://www.legislation.act.gov.au/a/2004-7/default.asp http://www.legislation.act.gov.au/a/2004-7/default.asp Chapter 4 Security sensitive substances Part 4.9 Using security sensitive substances Section 451 page 144 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 R27 29/08/16 Unauthorised version prepared by ACT Parliamentary Counsel's Office 451 Person in control of use—Act, s 17 (1) (e) For the Act, the holder of a user licence is a person in control of all of the following in relation to the use of a security sensitive substance under the licence: (a) the handling of the substance; (b) the premises where the substance is used; (c) any associated plant or system; (d) any associated activity. Note The Act, ch 3 (Safety duties for dangerous substances) imposes safety duties on a person in control of activities, plants, systems and premises relating to the handling of the dangerous substances. 452 User licence applications—Act, s 50 (2) An application for a user licence for a security sensitive substance must include the following: (a) the name and address of, and copies of identification papers for— (i) the applicant; and (ii) anyone who is to be a responsible person for the substance; (b) if the applicant is a corporation—the corporation’s ACN; (c) the purpose of the use; (d) the address of the premises where the substance is to be stored; (e) any information or documents required by a form for the application approved under the Act, section 222. http://www.legislation.act.gov.au/a/2004-7/default.asp http://www.legislation.act.gov.au/a/2004-7/default.asp http://www.legislation.act.gov.au/a/2004-7/default.asp Security sensitive substances Chapter 4 Using security sensitive substances Part 4.9 Section 453 R27 29/08/16 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 page 145 Unauthorised version prepared by ACT Parliamentary Counsel's Office 453 User licence conditions—Act, s 53 (2) (b) The following conditions apply to a user licence for a security sensitive substance: (a) the licensee must ensure that the substance is used only for the purpose stated in the licence; (b) the licensee must ensure that no-one other than a security cleared responsible person named in the licence has unsupervised access to the substance; (c) the licensee must apply to the director-general to amend the licence if the licensee proposes to— (i) add someone to, or remove someone from, the licence as a security cleared responsible person; or (ii) change the name stated in the licence of a security cleared responsible person; Note Licence amendments are made under the Act, s 58. (d) the licensee must— (i) comply with the obligations imposed on the licensee under this part; and (ii) ensure that this part is complied with in relation to the use of the substance under the licence. Note 1 A licence is also subject to any conditions included in the licence by the director-general (see Act, 53 (2) (a)). Note 2 A licensee who fails to comply with a condition of the licence may commit an offence against the Act, s 63 (Failure to comply with conditions of licence). http://www.legislation.act.gov.au/a/2004-7/default.asp http://www.legislation.act.gov.au/a/2004-7/default.asp http://www.legislation.act.gov.au/a/2004-7/default.asp Chapter 4 Security sensitive substances Part 4.9 Using security sensitive substances Section 454 page 146 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 R27 29/08/16 Unauthorised version prepared by ACT Parliamentary Counsel's Office 454 Use of security sensitive substances—responsibilities of person in control (1) A person in control of premises must ensure that a security sensitive substance is used at the premises only by a person authorised to use the substance under this part. Maximum penalty: 10 penalty units. (2) This section does not apply to the use of a security sensitive substance under the supervision of an inspector or police officer. (3) An offence against this section is a strict liability offence. 455 Use records (1) The holder of a user licence must, for each security sensitive substance used under the licence, make a record of the use that complies with subsection (2). (2) The record must include the following: (a) the name and classification of the substance; (b) the quantity of the substance used; (c) the purpose for which the substance was used; (d) any information or documents required by a form for the record approved under the Act, section 222. (3) The holder of a user licence must keep a record made under this section of the use of a security sensitive substance for at least 3 years after the day of use, whether or not the licence continues in force. Maximum penalty: 20 penalty units. (4) An offence against this section is a strict liability offence. http://www.legislation.act.gov.au/a/2004-7/default.asp Security sensitive substances Chapter 4 Disposal of security sensitive substances Part 4.10 Section 456 R27 29/08/16 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 page 147 Unauthorised version prepared by ACT Parliamentary Counsel's Office Part 4.10 Disposal of security sensitive substances Note If this part requires a security sensitive substance to be disposed of in a particular way, and a person disposing of the security sensitive substance does not comply with the requirement, the person may commit an offence under the Act, s 81 (Unauthorised disposal of dangerous substances, plant and systems). 456 Meaning of dispose—pt 4.10 In this part: dispose does not include supply. Note Dispose and supply are defined in the Act, dict. Those definitions apply to this regulation. However, the definition in this regulation qualifies the definition in the Act. 457 Application of pt 4.10 (1) This part applies to the disposal of security sensitive substances. (2) However, this part does not apply to the disposal of a security sensitive substance by an inspector or police officer exercising a function under the Act. 458 Authority to dispose of security sensitive substances (1) A person must not dispose of a security sensitive substance unless the person is authorised under a licence to handle the security sensitive substance. (2) A licence that authorises the handling of a security sensitive substance authorises the disposal of the substance by— (a) the licensee; or http://www.legislation.act.gov.au/a/2004-7/default.asp http://www.legislation.act.gov.au/a/2004-7/default.asp http://www.legislation.act.gov.au/a/2004-7/default.asp http://www.legislation.act.gov.au/a/2004-7/default.asp Chapter 4 Security sensitive substances Part 4.10 Disposal of security sensitive substances Section 459 page 148 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 R27 29/08/16 Unauthorised version prepared by ACT Parliamentary Counsel's Office (b) any individual engaged (as an employee or contractor) to handle the substance under the licensee’s supervision. Note 1 Licences are issued under the Act, ch 4 (Licences for dangerous substances). Security sensitive substances are dangerous substances. Note 2 A person who disposes of a security sensitive substance without authorisation may commit an offence against the Act, pt 5.1. 459 Conditions for disposal of security sensitive substances—Act, s 53 (2) (b) It is a condition of a licence that authorises the handling of a security sensitive substance that the licensee must— (a) comply with the obligations imposed on the licensee under this part; and (b) ensure that this part is complied with in relation to the disposal of the substance under the licence. Note A licensee who fails to comply with a condition of the licence may commit an offence against the Act, s 63 (Failure to comply with conditions of licence). 460 Discarding security sensitive substances (1) A person must not discard a security sensitive substance. Maximum penalty: 30 penalty units. Examples of discarding 1 throwing away the substance 2 dumping the substance in a waterway Note An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132). (2) An offence against this section is a strict liability offence. http://www.legislation.act.gov.au/a/2004-7/default.asp http://www.legislation.act.gov.au/a/2004-7/default.asp http://www.legislation.act.gov.au/a/2004-7/default.asp http://www.legislation.act.gov.au/a/2001-14 Security sensitive substances Chapter 4 Disposal of security sensitive substances Part 4.10 Section 461 R27 29/08/16 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 page 149 Unauthorised version prepared by ACT Parliamentary Counsel's Office 461 Secure disposal of security sensitive substances— general rules A person disposing of a security sensitive substance must ensure— (a) that the method of disposal used provides the greatest degree of security possible; and (b) that the method of disposal is appropriate to the kind of security sensitive substance and the condition of the security sensitive substance. 462 Secure disposal of security sensitive substances— inspector’s instructions Despite section 460 and section 461, if an inspector tells a person (orally or in writing) who is authorised to handle a security sensitive substance under a licence to dispose of the substance in a particular way, the person must ensure that the direction is complied with. 463 Disposal records (1) The holder of a licence under which a security sensitive substance is disposed of must make a record of the disposal that complies with subsection (2). (2) The record must include the following: (a) the name and licence details of the owner of the substance; (b) the name and classification of the substance; (c) the quantity of the substance disposed of; (d) the date of disposal; (e) the method of disposal; (f) the reason for disposal; (g) any information or documents required by a form for the record approved under the Act, section 222. http://www.legislation.act.gov.au/a/2004-7/default.asp Chapter 4 Security sensitive substances Part 4.10 Disposal of security sensitive substances Section 463 page 150 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 R27 29/08/16 Unauthorised version prepared by ACT Parliamentary Counsel's Office (3) The holder of a licence must keep a record made under this section of the disposal of a security sensitive substance for at least 3 years after the day of disposal, whether or not the licence continues in force. Maximum penalty: 20 penalty units. (4) An offence against this section is a strict liability offence. Notification and review of decisions Chapter 5 Section 500 R27 29/08/16 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 page 151 Unauthorised version prepared by ACT Parliamentary Counsel's Office Chapter 5 Notification and review of decisions 500 Internally reviewable decisions—Act, s 186, def internally reviewable decision A decision mentioned in schedule 5, part 5.2, column 3 under a provision mentioned in column 2 in relation to the decision is prescribed. 501 Reviewable decisions—Act, s 186, def reviewable decision A decision mentioned in schedule 5, part 5.1 or part 5.3, column 3 under a provision mentioned in column 2 in relation to the decision is prescribed. 502 Internally reviewable decisions—right of review and notice—Act, s 186A and s 187 (1) (a) A person mentioned in schedule 5, part 5.2, column 4 is prescribed. 503 Reviewable decisions—right of review and notice—Act, s 190 and s 191 (1) (a) A person mentioned in schedule 5, part 5.1 or part 5.3, column 4 is prescribed. Schedule 1 Dangerous substances—quantity page 152 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 R27 29/08/16 Unauthorised version prepared by ACT Parliamentary Counsel's Office Schedule 1 Dangerous substances— quantity (see div 2.1.3) Table 1.1 Dangerous substances—placard quantities and manifest quantities column 1 item column 2 dangerous substances column 3 packing group column 4 placard quantity column 5 manifest quantity 1 class 2 1.1 class 2.1 not applicable 500L 5 000L 1.2 class 2.2 subsidiary risk 5.1 not applicable 2 000L 10 000L 1.3 class 2.2 other than subsidiary risk 5.1 not applicable 5 000L 10 000L 1.4 class 2.3 not applicable 50L 500L 1.5 aerosols not applicable 5 000L 10 000L 1.6 cryogenic fluids not applicable 1 000L 10 000L Dangerous substances—quantity Schedule 1 R27 29/08/16 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 page 153 Unauthorised version prepared by ACT Parliamentary Counsel's Office column 1 item column 2 dangerous substances column 3 packing group column 4 placard quantity column 5 manifest quantity 2 class 3, 4.1, 4.2,4.3, 5.1, 5.2, 6.1 or 8 I 50kg or L 500kg or L II 250kg or L 2 500kg or L III 1 000kg or L 10 000kg or L mixed packing groups in a single class with the quantity of each packing group below the quantity specified for the packing group 1 000kg or L 10 000kg or L 3 class 9 II 1 000 kg or L 10 000kg or L III 5 000 kg or L 10 000kg or L mixed packing groups in class 9 with the quantity of each packing group below the quantity specified for the packing group 5 000 kg or L 10 000kg or L Schedule 1 Dangerous substances—quantity page 154 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 R27 29/08/16 Unauthorised version prepared by ACT Parliamentary Counsel's Office column 1 item column 2 dangerous substances column 3 packing group column 4 placard quantity column 5 manifest quantity 4 mixed classes of dangerous substances not applicable if the quantity stated in this schedule for each class present is 2 000kg or L or less— 2 000kg or L 10 000kg or L if the quantity stated in this schedule for 1 or more classes present is 5 000kg or L—5 000kg or L 10 000kg or L 5 goods too dangerous to be transported not applicable 5 kg or L 50 kg or L 6 combustible liquids handled with fire risk dangerous substances not applicable 1 000kg or L 10 000kg or L Dangerous substances—quantity Schedule 1 R27 29/08/16 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 page 155 Unauthorised version prepared by ACT Parliamentary Counsel's Office column 1 item column 2 dangerous substances column 3 packing group column 4 placard quantity column 5 manifest quantity 7 C1 combustible liquids not applicable 10 000L in a tank 50 000L packaged 50 000L in tanks and packaged combined if the quantity of C1 in the tanks is not more than 10 000L 100 000L in tanks or packaged Schedule 1 Dangerous substances—quantity Section 1.1 page 156 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 R27 29/08/16 Unauthorised version prepared by ACT Parliamentary Counsel's Office 1.1 Quantity—packaged dangerous substances (1) For table 1.1, this section provides how to work out quantities of packaged dangerous substances. (2) For a non-liquid dangerous substance, other than a class 2 dangerous substance, the quantity must be worked out by the net mass in kilograms of the packaged substance. (3) For a liquid dangerous substance, other than a class 2 dangerous substance, the quantity must be worked out by the net capacity of the container in which it is packaged. (4) For a class 2 dangerous substance, the quantity must be worked out by the total capacity of the container in which it is packaged. 1.2 Quantity—dangerous substances in tanks (1) For table 1.1, this section provides how to work out quantities of dangerous substances that are in tanks. (2) For a non-liquid dangerous substance, other than a class 2 dangerous substance, the quantity must be worked out by the design capacity of the tank in kilograms. (3) For a liquid dangerous substance, other than a class 2 dangerous substance, the quantity must be worked out by the design capacity of the tank in litres. (4) For a class 2 dangerous substance, the quantity must be worked out by the design capacity of the tank. 1.3 Quantity—solid dangerous substances For table 1.1, the quantity of a non-liquid dangerous substance that is not packaged or in a tank is the undivided mass of the substance in kilograms. Dangerous substances—quantity Schedule 1 Section 1.4 R27 29/08/16 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 page 157 Unauthorised version prepared by ACT Parliamentary Counsel's Office 1.4 Quantity—substances that are part of articles For table 1.1, the quantity of a dangerous substance that is part of a thing is the net quantity of that part of the thing that is a dangerous substance. Schedule 2 Placards Part 2.1 HAZCHEM warning placard Section 2.1 page 158 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 R27 29/08/16 Unauthorised version prepared by ACT Parliamentary Counsel's Office Schedule 2 Placards (see s 257) Part 2.1 HAZCHEM warning placard 2.1 HAZCHEM outer warning placard (1) A HAZCHEM outer warning placard must have— (a) the form shown in figure 2.1; and (b) dimensions not less than those shown in figure 2.1. (2) The placard must display the word ‘HAZCHEM’ in red letters not less than 100mm high and in the style shown in figure 1, on a white or silver background. (3) In subsection (2): red means the colour ‘signal red’ in accordance with AS 2700S– 1996 (R13) (Colour standards for general purposes—signal red). Figure 2.1—Form and dimensions of an outer warning placard HAZCHEM 120 mm 100 mm lettering Placards Schedule 2 Information placards—tanks Part 2.2 Section 2.2 R27 29/08/16 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 page 159 Unauthorised version prepared by ACT Parliamentary Counsel's Office Part 2.2 Information placards—tanks 2.2 Tank placards—general requirements On an information placard for a dangerous substance stored in a tank, the numerals and letters used for showing the proper shipping name, UN number and hazchem code of a dangerous substance must be— (a) black on a white background, unless a letter of the hazchem code is white on a black background; and (b) if the proper shipping name requires a single line only—at least 100mm high; and (c) if the proper shipping name requires 2 lines—at least 50mm high. 2.3 Tank placards—classifiable dangerous substances (1) An information placard for a dangerous substance of class 2, 3, 4, 5, 6.1 or 9 stored in a tank must comply with this section. (2) The placard must— (a) comply with the template in figure 2.3; and (b) subject to subsection (4) (b), have dimensions not less than those shown in figure 2.3. (3) The placard must contain the following information about the substance in figure 2.3: (a) in space (p)—the proper shipping name; (b) in space (q)—the UN number; (c) in space (r)—the hazchem code; (d) in space (s)—the class label and subsidiary risk label (if any). Schedule 2 Placards Part 2.2 Information placards—tanks Section 2.4 page 160 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 R27 29/08/16 Unauthorised version prepared by ACT Parliamentary Counsel's Office (4) For subsection (3) (d)— (a) the class label and subsidiary risk label (if any) in relation to the substance must have the form and colouring provided by the Australian Dangerous Goods Code for dangerous goods of the same kind; and (b) if there are 2 or more subsidiary risk labels—the width of the right hand part of the placard may be extended. Figure 2.3—Template for an information placard for a dangerous substance in a tank 2.4 Tank placards—goods too dangerous to be transported (1) An information placard for a good too dangerous to be transported stored in a tank must comply with this section. (2) The placard must— (a) comply with the form shown in figure 2.3; and 10 mm 10 mm 10 mm (q) (s) (p) (r) HAZCHEM UN No. 1 0 m m 380 mm 390 mm 1 0 m m 1 0 m m 5 m m 1 3 5 m m 1 2 0 m m 1 2 0 m m 800 mm 200 mm 250 mm 150 mm Class Label Subsidiary Risk Label Placards Schedule 2 Information placards—tanks Part 2.2 Section 2.4 R27 29/08/16 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 page 161 Unauthorised version prepared by ACT Parliamentary Counsel's Office (b) have dimensions not less than those shown in figure 2.3. (3) The placard must comply with the following requirements about the substance in figure 2.3— (a) in space (p)—the name mentioned in the Australian Dangerous Goods Code, appendix 5 for the dangerous good of the same kind as the substance must be stated; (b) space (q) must be left blank; (c) space (r) must be left blank; (d) space (s) must include the label in figure 2.4. Top half – canary to AS 2700S 1996(Y11) Bottom half – signal red to AS 2700S 1996(R13) 1 250 mm when used in a placard for dangerous goods in bulk 2 100 mm minimum when used in a placard for packaged dangerous goods TOO DANGEROUS TO TRANSPORT UNST ABLE GOODS Figure 2.4—Label for goods too dangerous to be transported Schedule 2 Placards Part 2.3 Information placards—packaged substances Section 2.5 page 162 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 R27 29/08/16 Unauthorised version prepared by ACT Parliamentary Counsel's Office Part 2.3 Information placards—packaged substances 2.5 Information placards for packaged dangerous substances (1) An information placard for packaged dangerous substances must comply with this section. (2) The placard must— (a) be in the form shown in figure 2.5; and (b) be of sufficient size to accommodate the labels to be displayed on the placard; and (c) have a white or silver background. (3) The placard must contain the following information: (a) the class label for each class of dangerous substances present in at least the placard quantity; (b) if mixed classes of dangerous substances are present in at least the placard quantity for schedule 1, table 1.1, item 4— (i) for each class of dangerous substances present in at least 50% of the placard quantity stated for the class in items 1, 2 or 3—the relevant class label; or (ii) if no class of dangerous substances is present in at least 50% of the placard quantity stated for the class in items 1, 2 or 3—a mixed class label; or (c) for C1 combustible liquids and fire risk dangerous substances in a total quantity exceeding 1000L—a class 3 class label; or (d) for a good too dangerous to be transported—the label in figure 2.4. Placards Schedule 2 Information placards—combustible liquids Part 2.4 Section 2.6 R27 29/08/16 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 page 163 Unauthorised version prepared by ACT Parliamentary Counsel's Office Figure 2.5—Information placard for packaged dangerous substances Part 2.4 Information placards— combustible liquids 2.6 Information placards for C1 combustible liquids (1) An information placard for a container containing a packaged C1 combustible liquid, or a tank containing a C1 combustible liquid, must comply with this section. (2) The placard must— (a) be in the form shown in figure 2.6; and (b) have dimensions not less than those shown in figure 2.6; and (c) have black letters on a white or silver background. Figure 2.6—Placard for C1 combustible liquids 100 mm min COMBUSTIBLE LIQUID 100 mm lettering Schedule 3 Manifests Section 3.1 page 164 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 R27 29/08/16 Unauthorised version prepared by ACT Parliamentary Counsel's Office Schedule 3 Manifests (see s 270) 3.1 Manifests—general information The manifest must include— (a) the name of the person in control of the premises; and (b) the address of the premises; and (c) the date the manifest was last reviewed or, if it has not been reviewed, the date it was prepared; and (d) contact details for at least 2 people who may be contacted if there is a dangerous occurrence at the premises. 3.2 Manifests—dangerous substances in tanks other than IBCs (1) For each tank, other than an intermediate bulk container, containing a dangerous substance the manifest must include— (a) a unique identifying number or code for the tank; and (b) the type and capacity of the tank; and (c) details of the tank’s contents. (2) For subsection (1) (c), the details must include the following: (a) for a dangerous substance other than a good too dangerous to be transported or a combustible liquid—the proper shipping name, UN number, class and packing group of the dangerous substance; (b) for a combustible liquid—the product name and the words ‘combustible liquid’; Manifests Schedule 3 Section 3.3 R27 29/08/16 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 page 165 Unauthorised version prepared by ACT Parliamentary Counsel's Office (c) for a good too dangerous to be transported—the name of the good provided by the Australian Dangerous Goods Code, appendix 5 and the words ‘goods too dangerous to be transported’. 3.3 Manifests—packaged dangerous substances and IBCs (1) This section applies to each storage area that— (a) contains, or is likely to contain, a packaged dangerous substance or an intermediate bulk container; and (b) is required to have an information placard under division 2.5.4 (Registrable premises—placards). (2) The manifest must include the following: (a) a unique identifying number or code for the storage area; (b) for a dangerous substance of packing group I or class 2.3 that is kept, or likely to be kept, in the area— (i) the proper shipping name and class of the substance; and (ii) the maximum quantity of the substance; (c) for a good too dangerous to be transported that is kept, or likely to be kept, in the area— (i) the name of the good provided by the Australian Dangerous Goods Code, appendix 5; and (ii) the words ‘goods too dangerous to be transported’; and (iii) the maximum quantity of the good; (d) for another dangerous substance (other than a combustible liquid) kept, or likely to be kept, in the area—the class and maximum quantity of the substance; Schedule 3 Manifests Section 3.4 page 166 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 R27 29/08/16 Unauthorised version prepared by ACT Parliamentary Counsel's Office (e) for a combustible liquid kept, or likely to be kept, in the area— the words ‘combustible liquid’ and the maximum quantity of the combustible liquid. 3.4 Manifests—manufacturing dangerous substances For each area in which a dangerous substance or combustible liquid is manufactured, the manifest must include the following: (a) a unique identifying number or code for the area; (b) for a dangerous substance other than a good too dangerous to be transported or a combustible liquid—the class and the maximum quantity of each class in manufacture; (c) for a good too dangerous to be transported—the words ‘goods too dangerous to be transported’ and the maximum quantity of the good in manufacture; (d) for a combustible liquid—the words ‘combustible liquid’ and the maximum quantity of the liquid in manufacture. 3.5 Manifests—dangerous substances in transit (1) This section applies to a dangerous substance that is in transit, and for which there are shipping documents that comply with the Australian Dangerous Goods Code for dangerous goods of the same kind. (2) The information required by section 3.2 and section 3.3 is taken to be included in the manifest if the shipping documents are attached to the manifest. Manifests Schedule 3 Section 3.6 R27 29/08/16 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 page 167 Unauthorised version prepared by ACT Parliamentary Counsel's Office 3.6 Manifests—plan of premises (1) A plan of the premises must be included in the manifest. (2) The plan of the premises must— (a) show the location of— (i) tanks of dangerous substances mentioned in section 3.2; and (ii) the storage areas for packaged dangerous substances or intermediate bulk containers mentioned in section 3.3; and (iii) the areas mentioned in section 3.4 where dangerous substances are manufactured; and (iv) the areas where dangerous substances in transit may be located; and (b) provide the unique identifying number or code for tanks and areas mentioned in paragraph (a); and (c) show the location of— (i) the main entrance and the other points of entry to the premises; and (ii) essential site services, including fire services and isolation points for fuel and power; and (iii) drains on the facility or location; and (iv) the manifest; and (d) describe the nature of the occupancy of adjoining premises. Schedule 4 Security sensitive substances page 168 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 R27 29/08/16 Unauthorised version prepared by ACT Parliamentary Counsel's Office Schedule 4 Security sensitive substances (see s 400, s 421) Table 4.1 column 1 item column 2 column 3 authorised purposes column 4 exempt quantity for carrying 1 security sensitive ammonium nitrate 1.1 mining 1.2 quarrying 1.3 manufacture of explosives and fertilisers 1.4 genuine scientific research in relation to explosives or fertilisers 1.5 sampling the substance for identifying the kind or quantities of ingredients in the substance 1.6 carrying out demonstrations, education or practical training in relation to explosives or fertilisers 1.7 commercial agricultural use by primary producers or distribution service agencies 1.8 services for carrying the substance 20kg Security sensitive substances Schedule 4 Section 4.1 R27 29/08/16 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 page 169 Unauthorised version prepared by ACT Parliamentary Counsel's Office 4.1 Meaning of security sensitive ammonium nitrate— table 4.1 (1) In table 4.1, security sensitive ammonium nitrate means— (a) a substance that has a UN number mentioned in subsection (3); or (b) either of the following substances, if they do not have a UN number mentioned in subsection (3): (i) an ammonium nitrate emulsion containing greater than 45% ammonium nitrate; (ii) an ammonium nitrate mixture containing greater than 45% ammonium nitrate; or (c) a substance with UN number 3139 (oxidising liquid, other than oxidising liquids with different UN numbers), if the substance is a form of ammonium nitrate. (2) However, in table 4.1, security sensitive ammonium nitrate does not include— (a) an ammonium nitrate solution; or (b) any form of ammonium nitrate that is an explosive. Note For the meaning of explosive, see the Act, s 73 and the Dangerous Substances (Explosives) Regulation 2004, s 7. (3) For subsection (1), UN numbers for security sensitive ammonium nitrate are as follows:  1942  2067  2068  2069  2070 http://www.legislation.act.gov.au/a/2004-7/default.asp http://www.legislation.act.gov.au/sl/2004-10 http://www.legislation.act.gov.au/sl/2004-10 Schedule 4 Security sensitive substances Section 4.1 page 170 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 R27 29/08/16 Unauthorised version prepared by ACT Parliamentary Counsel's Office  2071  2072  3375. Reviewable decisions Schedule 5 Director-general—reviewable decisions under Act Part 5.1 R27 29/08/16 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 page 171 Unauthorised version prepared by ACT Parliamentary Counsel's Office Schedule 5 Reviewable decisions (see ch 5) Part 5.1 Director-general—reviewable decisions under Act column 1 item column 2 provision column 3 decision column 4 person 1 52 (3) refuse to issue licence applicant 2 53 (1) issue licence subject to condition included by director-general applicant 3 54 (1) issue licence for less than maximum period allowed applicant 4 58 (3) refuse to amend licence licensee 5 59 impose condition on licence amend or revoke condition included in licence by director-general licensee 6 68 (3) reprimand licensee require licensee to undertake training amend/suspend/cancel licence period of / event for ending suspension disqualify licensee period of / event for ending disqualification licensee Schedule 5 Reviewable decisions Part 5.1 Director-general—reviewable decisions under Act page 172 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 R27 29/08/16 Unauthorised version prepared by ACT Parliamentary Counsel's Office column 1 item column 2 provision column 3 decision column 4 person 7 68 (4) reprimand former licensee disqualify former licensee period of/complete training/event for ending disqualification former licensee 8 69 (2) immediate suspension of licence licensee 9 124 (1) refuse to accept safety undertaking the person who proposed to give the safety undertaking 10 125 (1) refuse to agree to amendment of enforceable undertaking refuse to agree to withdrawal from enforceable undertaking relevant person 11 126 (2) refuse to end enforceable undertaking on application relevant person Reviewable decisions Schedule 5 Inspectors—internally reviewable decisions under Act Part 5.2 R27 29/08/16 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 page 173 Unauthorised version prepared by ACT Parliamentary Counsel's Office Part 5.2 Inspectors—internally reviewable decisions under Act column 1 item column 2 provision column 3 decision column 4 person 1 95 (3) refuse to revoke compliance agreement each responsible person 2 100 give improvement notice each responsible person 3 102 (2) extend compliance period for improvement notice extend compliance period for improvement notice for less than period asked for refuse to extend compliance period for improvement notice if asked each responsible person 4 106 revoke improvement notice refuse to revoke improvement notice each responsible person 5 109 give prohibition notice each responsible person 6 111 (2) extend relevant period for prohibition notice extend relevant period for prohibition notice for less than period asked for refuse to extend relevant period for prohibition notice if asked each responsible person Schedule 5 Reviewable decisions Part 5.2 Inspectors—internally reviewable decisions under Act page 174 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 R27 29/08/16 Unauthorised version prepared by ACT Parliamentary Counsel's Office column 1 item column 2 provision column 3 decision column 4 person 7 116 (3) refuse to agree to inspect vehicle or equipment at place other than where it was originally inspected the relevant responsible person for the vehicle or equipment 8 117 revoke prohibition notice refuse to revoke prohibition notice each responsible person Reviewable decisions Schedule 5 Director-general—reviewable decisions under this regulation Part 5.3 R27 29/08/16 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 page 175 Unauthorised version prepared by ACT Parliamentary Counsel's Office Part 5.3 Director-general—reviewable decisions under this regulation column 1 item column 2 provision column 3 decision column 4 person 1 312 (2) or (4) refuse to give exemption applicant 2 313 (1) give exemption subject to condition included by director-general applicant 3 318 (3) refuse to amend exemption exemption-holder 4 319 cancel exemption exemption-holder 5 319 impose condition on exemption amend or revoke condition included in exemption by director-general exemption-holder Dictionary page 176 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 R27 29/08/16 Unauthorised version prepared by ACT Parliamentary Counsel's Office Dictionary (see s 3) Note 1 The Legislation Act contains definitions and other provisions relevant to this regulation. Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms:  ACAT  adult  director-general (see s 163)  doctor  fail  fire and rescue service  home address  Minister (see s 162)  penalty unit (see s 133)  reviewable decision notice  rural fire service  under. Note 3 Terms used in this regulation have the same meaning that they have in the Dangerous Substances Act 2004 (see Legislation Act, s 148). For example, the following terms are defined in the Dangerous Substances Act 2004, dict:  asbestos  Australian Dangerous Goods Code (see s 10 (3))  Australian Standard 1940  carry  compliance agreement (see s 94 (2))  dangerous substance (see s 10; see also this regulation, s 200)  dispose  enforceable undertaking (see s 122)  handle (see s 11)  import  improvement notice (see s 100)  internally reviewable decision (see s 186) http://www.legislation.act.gov.au/a/2001-14 http://www.legislation.act.gov.au/a/2001-14 http://www.legislation.act.gov.au/a/2004-7 http://www.legislation.act.gov.au/a/2001-14 http://www.legislation.act.gov.au/a/2004-7 http://www.legislation.act.gov.au/a/2004-7 Dictionary R27 29/08/16 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 page 177 Unauthorised version prepared by ACT Parliamentary Counsel's Office  licence  loose-fill asbestos insulation (see s 47M)  manufacture  NOHSC approved criteria (see s 10 (3))  NOHSC List of Designated Hazardous Substances (see s 10 (3))  non-commercial (see s 12)  person in control (see s 17)  plant  premises (and at premises)  prohibition notice (see s 109)  reasonable steps (see s 16)  relevant responsible person  responsible person (see s 18)  reviewable decision (see s 186)  risk (see s 15)  safety undertaking (see s 123 (2))  supply  vehicle. ACM—see asbestos containing material. adverse security assessment, for chapter 4 (Security sensitive substances)—see the Australian Security Intelligence Organisation Act 1979 (Cwlth), section 35. affected residential premises, for part 3.5 (Asbestos management— residential premises)—see section 337. approved warning sign, for part 3.5 (Asbestos management— residential premises)—see section 338. asbestos containing material (ACM), for chapter 3 (Asbestos and asbestos containing material)—see the Work Health and Safety Regulation 2011, dictionary. asbestos contamination, for part 3.5 (Asbestos management— residential premises)—see section 338. http://www.comlaw.gov.au/Series/C2004A02123 http://www.comlaw.gov.au/Series/C2004A02123 http://www.legislation.act.gov.au/sl/2011-36 http://www.legislation.act.gov.au/sl/2011-36 Dictionary page 178 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 R27 29/08/16 Unauthorised version prepared by ACT Parliamentary Counsel's Office asbestos contamination report, for affected residential premises, for part 3.5 (Asbestos management—residential premises)—see section 341 (1). asbestos-related work—see the Work Health and Safety Regulation 2011, dictionary. C1 combustible liquid, for chapter 2 (Certain dangerous substances)—see section 203. C2 combustible liquid, for chapter 2 (Certain dangerous substances)—see section 203. capacity, of a container, for chapter 2 (Certain dangerous substances)—see section 203. carrying licence, for chapter 4 (Security sensitive substances)— see section 421. certified copy, of a licence or authority, means a copy of the licence or authority certified by the holder of the licence or authority to be a true copy. class, of a dangerous substance of a particular kind, for chapter 2 (Certain dangerous substances)—see section 203. class label, for a class of dangerous substances of a particular kind, for chapter 2 (Certain dangerous substances)—see section 203. close associate, of a person, for chapter 4 (Security sensitive substances)—see the Act, section 48. combustible liquid, for chapter 2 (Certain dangerous substances)— see section 203. compatible, for chapter 2 (Certain dangerous substances)— see section 203. container, for a dangerous substance—see section 203. contamination management plan, for part 3.5 (Asbestos management—residential premises)—see section 341 (1) (c). http://www.legislation.act.gov.au/sl/2011-36 http://www.legislation.act.gov.au/sl/2011-36 http://www.legislation.act.gov.au/a/2004-7/default.asp Dictionary R27 29/08/16 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 page 179 Unauthorised version prepared by ACT Parliamentary Counsel's Office dangerous substance, for chapter 2 (Certain dangerous substances), means a dangerous substance to which the chapter applies under section 200. Note See also the Act, s 10, def dangerous substance. dispose, of a security sensitive substance, for chapter 4 (Security sensitive substances)—see section 456. emergency plan, for division 2.8.2 (Emergency plans—manifest quantities of dangerous substances)—see section 273. emergency service, for chapter 2 (Certain dangerous substances)— see the Emergencies Act 2004, dictionary. ensure—see section 6. fire risk dangerous substance, for chapter 2 (Certain dangerous substances)—see section 203. flashpoint, of a liquid, for chapter 2 (Certain dangerous substances)—see section 203. good too dangerous to be transported, for chapter 2 (Certain dangerous substances)—see section 203. hazchem code, for a dangerous substance, means the hazchem code under the Australian Dangerous Goods Code for dangerous goods of the same kind as the substance. Note See the Australian Dangerous Goods Code, appendix 4. health and safety representative, for chapter 2 (Certain dangerous substances)—see the Work Health and Safety Act 2011, dictionary. identification papers, for a person, means a document, or a number of documents taken together, that— (a) show the person’s age; and (b) show a home address for the person; and http://www.legislation.act.gov.au/a/2004-7/default.asp http://www.legislation.act.gov.au/a/2004-28 http://www.legislation.act.gov.au/a/2011-35 Dictionary page 180 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 R27 29/08/16 Unauthorised version prepared by ACT Parliamentary Counsel's Office (c) contain a photograph that could reasonably be taken to be of the person. Example of identification papers a proof of identity card issued under the Liquor Act 2010, s 210, together with a bank statement showing the cardholder’s residential address Note An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132). importer, of a dangerous substance, for chapter 2 (Certain dangerous substances)—see section 203. Note Import is defined in the Act, dict. import licence, for chapter 4 (Security sensitive substances)—see section 414. intermediate bulk container, containing a dangerous substance, means a rigid or flexible portable tank, within the meaning of the Australian Dangerous Goods Code, for the transport of dangerous goods of the same kind as the substance. Note 1 See the Australian Dangerous Goods Code, supplement 2. Note 2 Intermediate bulk carriers are also known as IBCs. International Air Transport Association Regulations means the International Air Transport Association Regulations—IATA Regulations, published by the International Air Transport Association. International Civil Aviation Organization Standards means the International Civil Aviation Organization—Technical Instructions for the Safe Transport of Dangerous Goods by Air, published by the International Civil Aviation Organization. International Maritime Dangerous Goods Code means the International Marine Organization—International Maritime Dangerous Goods Code, published by the International Marine Organization. http://www.legislation.act.gov.au/a/2010-35 http://www.legislation.act.gov.au/a/2001-14 http://www.legislation.act.gov.au/a/2004-7/default.asp Dictionary R27 29/08/16 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 page 181 Unauthorised version prepared by ACT Parliamentary Counsel's Office interstate security sensitive substances carrying authority, for chapter 4 (Security sensitive substances)—see section 421. in transit, for chapter 2 (Certain dangerous substances)—see section 203. licence details, of a person who handles or is to handle a dangerous substance, means details of a licence authorising the person to handle the substance. licensed asbestos assessor, for part 3.5 (Asbestos management— residential premises)—see the Work Health and Safety Regulation 2011, dictionary. licensed asbestos removalist, for part 3.5 (Asbestos management— residential premises)—see the Work Health and Safety Regulation 2011, dictionary. living areas, of premises, for part 3.5 (Asbestos management— residential premises)—see section 338. manifest quantity, of a dangerous substance, for chapter 2 (Certain dangerous substances)—see section 205. manifest quantity registrable premises, for chapter 2 (Certain dangerous substances)—see section 209. manufacturer, of a dangerous substance, for chapter 2 (Certain dangerous substances)—see section 203. Note Manufacture is defined in the Act, dict. manufacturing licence, for chapter 4 (Security sensitive substances)—see section 406. http://www.legislation.act.gov.au/sl/2011-36 http://www.legislation.act.gov.au/sl/2011-36 http://www.legislation.act.gov.au/sl/2011-36 http://www.legislation.act.gov.au/sl/2011-36 http://www.legislation.act.gov.au/a/2004-7/default.asp Dictionary page 182 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 R27 29/08/16 Unauthorised version prepared by ACT Parliamentary Counsel's Office National Exposure Standards means the Exposure Standards for Atmospheric Contaminants in the Occupational Environment (NOHSC:1003 (1995) and Guidance Note NOHSC: 3008 (1995)) published by the National Occupational Health and Safety Commission. non-registrable premises, for chapter 2 (Certain dangerous substances)—see section 210. package, of a dangerous substance, for chapter 2 (Certain dangerous substances)—see section 203. packaged, for a dangerous substance, for chapter 2 (Certain dangerous substances)—see section 203. packaging, of a dangerous substance, for chapter 2 (Certain dangerous substances)—see section 203. packing group, for a dangerous substance of a particular kind, for chapter 2 (Certain dangerous substances)—see section 203. pipework, for chapter 2 (Certain dangerous substances)—see section 203. placard quantity, of a dangerous substance, for chapter 2 (Certain dangerous substances)—see section 204. placard quantity notice, for chapter 2 (Certain dangerous substances)—see section 261. placard quantity register, for chapter 2 (Certain dangerous substances)—see section 260. proper shipping name, of a dangerous substance of a particular kind, for chapter 2 (Certain dangerous substances)—see the Australian Dangerous Goods Code. Note See the Australian Dangerous Goods Code, cl 2.2.1. qualified security assessment, for chapter 4 (Security sensitive substances)—see the Australian Security Intelligence Organisation Act 1979 (Cwlth), section 35. http://www.comlaw.gov.au/Series/C2004A02123 http://www.comlaw.gov.au/Series/C2004A02123 Dictionary R27 29/08/16 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 page 183 Unauthorised version prepared by ACT Parliamentary Counsel's Office registrable premises, for chapter 2 (Certain dangerous substances)—see section 208. regulator, for part 3.5 (Asbestos management—residential premises)—see the Work Health and Safety Act 2011, dictionary. residential premises, for part 3.5 (Asbestos management— residential premises)—see the Act, section 47N (6). retailer, of a dangerous substance, for chapter 2 (Certain dangerous substances)—see section 203. risk assessment, for a hazard at premises—see section 222. safety data sheet (or SDS), for chapter 2 (Certain dangerous substances)—see section 215. SDS, for chapter 2 (Certain dangerous substances)—see section 215. security cleared responsible person, for chapter 4 (Security sensitive substances)—see section 402. security plan, for chapter 4 (Security sensitive substances)—see section 402. security risk assessment, in relation to the handling of a security sensitive substance, for chapter 4 (Security sensitive substances)— see section 402. security sensitive substance, for chapter 4 (Security sensitive substances)—see section 400. storage licence, for chapter 4 (Security sensitive substances)— see section 432. subsidiary risk, for a dangerous substance of a particular kind, for chapter 2 (Certain dangerous substances)—see section 203. http://www.legislation.act.gov.au/a/2011-35 http://www.legislation.act.gov.au/a/2004-7/default.asp Dictionary page 184 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 R27 29/08/16 Unauthorised version prepared by ACT Parliamentary Counsel's Office subsidiary risk label, for a dangerous substance of a particular kind, for chapter 2 (Certain dangerous substances)—see the Australian Dangerous Goods Code. Note See the Australian Dangerous Goods Code, cl 7.1.1. supplier, of a dangerous substance, for chapter 2 (Certain dangerous substances)—see section 203. Note Supply is defined in the Act, dict. supply licence, for chapter 4 (Security sensitive substances)— see section 440. tank, for chapter 2 (Certain dangerous substances)—see section 203. total quantity, for chapter 2 (Certain dangerous substances)— see section 206. transfer, of a dangerous substance, for chapter 2 (Certain dangerous substances)—see section 203. Note Transit—see in transit. UN number, for a dangerous substance of a particular kind, means the identification serial number listed in the Australian Dangerous Goods Code for dangerous goods of the same kind. Note See the Australian Dangerous Goods Code, s 1.1.3 (def UN number), appendix 1 and appendix 2. unsupervised access, to a security sensitive substance, for chapter 4 (Security sensitive substances)—see section 402. user licence, for chapter 4 (Security sensitive substances)— see section 448. http://www.legislation.act.gov.au/a/2004-7/default.asp Endnotes About the endnotes 1 R27 29/08/16 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 page 185 Unauthorised version prepared by ACT Parliamentary Counsel's Office 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. 2 Abbreviation key A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired http://www.legislation.act.gov.au/a/2001-14 Endnotes 3 Legislation history page 186 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 R27 29/08/16 Unauthorised version prepared by ACT Parliamentary Counsel's Office 3 Legislation history Dangerous Substances (General) Regulation 2004 SL2004-56 notified LR 14 December 2004 s 1, s 2 commenced 14 December 2004 (LA s 75 (1)) pt 6.1, pt 6.3, s 607, s 679, s 682 commenced 15 December 2004 (s 2 (1)) ch 4, s 613, s 618, s 620, s 621, s 625, s 633, s 638, s 639, ss 643-646, s 652, ss 663-665, s 667, s 677, s 678, s 681, sch 4 commenced 30 June 2005 (s 2 (3)) remainder commenced 31 March 2005 (s 2 (2)) as amended by Dangerous Substances (General) Amendment Regulation 2007 (No 1) SL2007-23 notified LR 6 September 2007 s 1, s 2 commenced 6 September 2007 (LA s 75 (1)) remainder commenced 7 September 2007 (s 2) Dangerous Substances (General) Amendment Regulation 2007 (No 2) SL2007-38 notified LR 17 December 2007 s 1, s 2 commenced 17 December 2007 (LA s 75 (1)) remainder commenced 18 December 2007 (s 2) ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 (No 2) A2008-37 sch 1 pt 1.29 notified LR 4 September 2008 s 1, s 2 commenced 4 September 2008 (LA s 75 (1)) sch 1 pt 1.29 commenced 2 February 2009 (s 2 (1) and see ACT Civil and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2) Work Safety Legislation Amendment Act 2009 A2009-28 sch 2 pt 2.7 notified LR 9 September 2009 s 1, s 2 commenced 9 September 2009 (LA s 75 (1)) sch 2 pt 2.7 commenced 1 October 2009 (s 2 and see Work Safety Act 2008 A2008-51 s 2 (1) (b) and CN2009-11) http://www.legislation.act.gov.au/sl/2007-23 http://www.legislation.act.gov.au/sl/2007-38 http://www.legislation.act.gov.au/a/2008-37 http://www.legislation.act.gov.au/a/2008-37 http://www.legislation.act.gov.au/a/2008-35 http://www.legislation.act.gov.au/a/2008-35 http://www.legislation.act.gov.au/cn/2009-2/default.asp http://www.legislation.act.gov.au/a/2009-28 http://www.legislation.act.gov.au/a/2008-51 http://www.legislation.act.gov.au/a/2008-51 http://www.legislation.act.gov.au/cn/2009-11/default.asp Endnotes Legislation history 3 R27 29/08/16 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 page 187 Unauthorised version prepared by ACT Parliamentary Counsel's Office Dangerous Goods (Road Transport) Act 2009 A2009-34 sch 1 pt 1.2 notified LR 28 September 2009 s 1, s 2 commenced 28 September 2009 (LA s 75 (1)) sch 1 pt 1.2 commenced 2 April 2010 (s 2, CN2010-5 and LA s 77 (3)) Statute Law Amendment Act 2009 (No 2) A2009-49 sch 3 pt 3.19 notified LR 26 November 2009 s 1, s 2 commenced 26 November 2009 (LA s 75 (1)) sch 3 pt 3.19 commenced 17 December 2009 (s 2) Liquor (Consequential Amendments) Act 2010 A2010-43 sch 1 pt 1.7 notified LR 8 November 2010 s 1, s 2 commenced 8 November 2010 (LA s 75 (1)) sch 1 pt 1.7 commenced 1 December 2010 (s 2 (4) and see Liquor Act 2010 A2010-35, s 2 (3) (as am by A2010-43 amdt 1.19) and CN2010-14) Dangerous Substances Amendment Act 2011 A2011-10 pt 3 notified LR 16 March 2011 s 1, s 2 commenced 16 March 2011 (LA s 75 (1)) pt 3 commenced 17 March 2011 (s 2) Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011 A2011-22 sch 1 pt 1.52 notified LR 30 June 2011 s 1, s 2 commenced 30 June 2011 (LA s 75 (1)) sch 1 pt 1.52 commenced 1 July 2011 (s 2 (1)) Work Health and Safety (Consequential Amendments) Act 2011 A2011 55 sch 1 pt 1.8 notified LR 14 December 2011 s 1, s 2 commenced 14 December 2011 (LA s 75 (1)) sch 1 pt 1.8 commenced 1 January 2012 (s 2 and see Work Health and Safety Act 2011 A2011-35, s 2 and CN2011-12) Dangerous Substances (General) Amendment Regulation 2014 (No 1) SL2014-19 notified LR 18 August 2014 s 1, s 2 commenced 18 August 2014 (LA s 75 (1)) s 5 commenced 1 January 2015 (s 2 (2)) remainder commenced 1 September 2014 (s 2 (1)) http://www.legislation.act.gov.au/a/2009-34 http://www.legislation.act.gov.au/cn/2010-5/default.asp http://www.legislation.act.gov.au/a/2009-49 http://www.legislation.act.gov.au/a/2010-43 http://www.legislation.act.gov.au/a/2010-35 http://www.legislation.act.gov.au/a/2010-35 http://www.legislation.act.gov.au/a/2010-43 http://www.legislation.act.gov.au/cn/2010-14/default.asp http://www.legislation.act.gov.au/a/2011-10 http://www.legislation.act.gov.au/a/2011-22 http://www.legislation.act.gov.au/a/2011-22 http://www.legislation.act.gov.au/a/2011-55 http://www.legislation.act.gov.au/a/2011-35 http://www.legislation.act.gov.au/a/2011-35 http://www.legislation.act.gov.au/cn/2011-12/default.asp http://www.legislation.act.gov.au/sl/2014-19 Endnotes 3 Legislation history page 188 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 R27 29/08/16 Unauthorised version prepared by ACT Parliamentary Counsel's Office Dangerous Substances (Asbestos Safety Reform) Legislation Amendment Act 2014 A2014-53 pt 7 notified LR 3 December 2014 s 1, s 2 commenced 3 December 2014 (LA s 75 (1)) pt 7 commenced 1 January 2015 (s 2) Work Health and Safety (Asbestos) Amendment Regulation 2014 (No 1) SL2014-32 s 17 notified LR 4 December 2014 s 1, s 2 commenced 4 December 2014 (LA s 75 (1)) s 17 commenced 1 January 2015 (s 2 (3)) Dangerous Substances (Loose-fill Asbestos Eradication) Legislation Amendment Act 2015 A2015-6 sch 1 pt 1.3 notified LR 31 March 2015 s 1, s 2 commenced 31 March 2015 (LA s 75 (1)) sch 1 pt 1.3 commenced 29 June 2015 (s 2 and CN2015-6) Dangerous Substances (General) Amendment Regulation 2015 (No 1) SL2015-10 notified LR 9 April 2015 s 1, s 2 commenced 9 April 2015 (LA s 75 (1)) remainder commenced 15 May 2015 (s 2) Dangerous Substances (General) Amendment Regulation 2015 (No 2) SL2015-13 notified LR 30 April 2015 s 1, s 2 commenced 30 April 2015 (LA s 75 (1)) remainder commenced 1 February 2016 (s 2) Building (Loose-fill Asbestos Eradication) Legislation Amendment Act 2015 A2015-42 pt 6 notified LR 5 November 2015 s 1, s 2 commenced 5 November 2015 (LA s 75 (1)) pt 6 commenced 1 February 2016 (s 2 (1), CN2015-21 and see Dangerous Substances (General) Amendment Regulation 2015 (No 2) SL2015-13 s 2) Statute Law Amendment Act 2015 (No 2) A2015-50 sch 3 pt 3.15 notified LR 25 November 2015 s 1, s 2 commenced 25 November 2015 (LA s 75 (1)) sch 3 pt 3.15 commenced 9 December 2015 (s 2) http://www.legislation.act.gov.au/a/2014-53 http://www.legislation.act.gov.au/a/2014-53 http://www.legislation.act.gov.au/sl/2014-32/default.asp http://www.legislation.act.gov.au/sl/2014-32/default.asp http://www.legislation.act.gov.au/a/2015-6/default.asp http://www.legislation.act.gov.au/a/2015-6/default.asp http://www.legislation.act.gov.au/cn/2015-6/default.asp http://www.legislation.act.gov.au/sl/2015-10/default.asp http://www.legislation.act.gov.au/sl/2015-13/default.asp http://www.legislation.act.gov.au/a/2015-42/default.asp http://www.legislation.act.gov.au/a/2015-42/default.asp http://www.legislation.act.gov.au/cn/2015-21/default.asp http://www.legislation.act.gov.au/sl/2015-13/default.asp http://www.legislation.act.gov.au/a/2015-50 Endnotes Legislation history 3 R27 29/08/16 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 page 189 Unauthorised version prepared by ACT Parliamentary Counsel's Office Justice Legislation Amendment Act 2016 A2016-7 sch 1 pt 1.4 notified LR 29 February 2016 s 1, s 2 commenced 29 February 2016 (LA s 75 (1)) sch 1 pt 1.4 commenced 29 August 2016 (s 2 and LA s 79) Emergencies Amendment Act 2016 A2016-33 sch 1 pt 1.6 notified LR 20 June 2016 s 1, s 2 commenced 20 June 2016 (LA s 75 (1)) sch 1 pt 1.6 commenced 21 June 2016 (s 2) http://www.legislation.act.gov.au/a/2016-7/default.asp http://www.legislation.act.gov.au/a/2016-33 Endnotes 4 Amendment history page 190 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 R27 29/08/16 Unauthorised version prepared by ACT Parliamentary Counsel's Office 4 Amendment history Commencement s 2 om LA s 89 (4) Dictionary s 3 am A2011-10 s 6; A2014-53 s 45 Non-application of ch 2—air and marine transport s 202 am A2009-34 amdt 1.4 Definitions—ch 2 s 203 def health and safety representative om A2009-28 amdt 2.14 ins A2011-55 amdt 1.11 def work safety representative ins A2009-28 amdt 2.15 om A2011-55 amdt 1.12 Provision of SDS by manufacturer, importer or supplier—Act, s 26 (1) (e), s 27 (1) (e) and s 28 (1) (e) s 217 am A2011-22 amdt 1.163 Additional information for people responsible for health and safety—Act, s 26 (1) (e) and s 27 (1) (e) s 219 am A2009-28 amdt 2.18; A2011-22 amdt 1.163; A2011-55 amdt 1.13 Consultation with employees s 226 am A2009-28 amdt 2.18; A2011-55 amdt 1.14 Fire protection s 244 am A2015-50 amdt 3.95; A2016-33 amdt 1.15 Information for substance handlers s 245 am A2009-28 amdt 2.19; A2011-55 amdt 1.15 Placard quantity register s 260 am A2011-22 amdt 1.163 Registration—placard quantity notice s 261 am A2011-22 amdt 1.163 Registration—further information notices s 262 am A2011-22 amdt 1.163 Registration—obligation to register s 263 am A2011-22 amdt1.163 Registration—duration and renewal s 264 am A2011-22 amdt 1.163 Registration—significant change of risk s 265 am A2011-22 amdt 1.163 http://www.legislation.act.gov.au/a/2011-10 http://www.legislation.act.gov.au/a/2014-53/default.asp http://www.legislation.act.gov.au/a/2009-34 http://www.legislation.act.gov.au/a/2009-28 http://www.legislation.act.gov.au/a/2011-55 http://www.legislation.act.gov.au/a/2009-28 http://www.legislation.act.gov.au/a/2011-55 http://www.legislation.act.gov.au/a/2011-22 http://www.legislation.act.gov.au/a/2009-28 http://www.legislation.act.gov.au/a/2011-22 http://www.legislation.act.gov.au/a/2011-55 http://www.legislation.act.gov.au/a/2009-28 http://www.legislation.act.gov.au/a/2011-55 http://www.legislation.act.gov.au/a/2015-50 http://www.legislation.act.gov.au/a/2016-33/default.asp http://www.legislation.act.gov.au/a/2009-28 http://www.legislation.act.gov.au/a/2011-55 http://www.legislation.act.gov.au/a/2011-22 http://www.legislation.act.gov.au/a/2011-22 http://www.legislation.act.gov.au/a/2011-22 http://www.legislation.act.gov.au/a/2011-22 http://www.legislation.act.gov.au/a/2011-22 http://www.legislation.act.gov.au/a/2011-22 Endnotes Amendment history 4 R27 29/08/16 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 page 191 Unauthorised version prepared by ACT Parliamentary Counsel's Office Registration—further information about risk change s 266 am A2011-22 amdt 1.163 Registration—amendment or cancellation s 267 am R18 LA Records of actual and likely dangerous occurrences—Act, s 216 (1) (m) s 268 am A2011-22 amdt 1.163 Emergency plan—making s 275 am A2009-28 amdt 2.18; A2011-55 amdt 1.16 Emergency plan—instruction for employee representatives and neighbouring occupiers s 276 am A2009-28 amdt 2.18; A2011-55 amdt 1.17 Emergency plan—review as necessary s 277 am A2009-28 amdt 2.18; A2011-55 amdt 1.18 Emergency plan—5-year review s 278 am A2009-28 amdt 2.18; A2011-55 amdt 1.19 Emergency plan—consultation for review s 279 am A2009-28 amdt 2.18; A2011-55 amdt 1.20 Non-registrable premises—information placards for tanks s 299B pars renum R14 LA Asbestos and asbestos containing material ch 3 hdg sub A2014-53 s 46 Meaning of asbestos containing material (ACM)—ch 3 s 301 sub A2014-53 s 47 def asbestos om A2011-10 s 7 def asbestos product om A2014-53 s 47 def authorised activity om A2014-53 s 47 def authorised activity condition om A2014-53 s 47 def chrysotile product exp 31 December 2010 (s 321 (2)) def exemption exp 31 December 2010 (s 321 (2)) Meaning of asbestos containing material (ACM)—ch 3 s 302 om A2014-53 s 47 When asbestos and asbestos containing material correctly packed—Act, s 14 (1) (a) s 303 hdg sub A2014-53 s 48 s 303 am A2014-53 s 49, s 50 When asbestos and asbestos containing material correctly labelled—Act, s 14 (2) (a) s 304 hdg sub A2014-53 s 51 s 304 am A2014-53 s 52, s 53 http://www.legislation.act.gov.au/a/2011-22 http://www.legislation.act.gov.au/a/2011-22 http://www.legislation.act.gov.au/a/2009-28 http://www.legislation.act.gov.au/a/2011-55 http://www.legislation.act.gov.au/a/2009-28 http://www.legislation.act.gov.au/a/2011-55 http://www.legislation.act.gov.au/a/2009-28 http://www.legislation.act.gov.au/a/2011-55 http://www.legislation.act.gov.au/a/2009-28 http://www.legislation.act.gov.au/a/2011-55 http://www.legislation.act.gov.au/a/2009-28 http://www.legislation.act.gov.au/a/2011-55 http://www.legislation.act.gov.au/a/2014-53/default.asp http://www.legislation.act.gov.au/a/2014-53/default.asp http://www.legislation.act.gov.au/a/2011-10 http://www.legislation.act.gov.au/a/2014-53/default.asp http://www.legislation.act.gov.au/a/2014-53/default.asp http://www.legislation.act.gov.au/a/2014-53/default.asp http://www.legislation.act.gov.au/a/2014-53/default.asp http://www.legislation.act.gov.au/a/2014-53/default.asp http://www.legislation.act.gov.au/a/2014-53/default.asp http://www.legislation.act.gov.au/a/2014-53/default.asp http://www.legislation.act.gov.au/a/2014-53/default.asp Endnotes 4 Amendment history page 192 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 R27 29/08/16 Unauthorised version prepared by ACT Parliamentary Counsel's Office Asbestos and asbestos containing material are prohibited dangerous substances—Act, s 73, def prohibited dangerous substance s 305 hdg sub A2014-53 s 54 s 305 am A2014-53 s 55 Authorised handling of asbestos and asbestos products pt 3.2 hdg note 2 sub A2009-34 amdt 1.5 hdg and notes sub A2014-53 s 56 Authorised importation of asbestos and asbestos containing material—Act, s 75 (1) (b) s 306 am SL2007-38 s 4; SL2004-56 s 306 (5) (4)-(6) exp 1 January 2011 (s 306 (6)) sub A2014-53 s 57 Authorised supply of asbestos and asbestos containing material—Act, s 76 (1) (b) and (3) (b) s 307 am SL2007-38 s 5; SL2004-56 s 307 (5) (4)-(6) exp 1 January 2011 (s 307 (6)) sub A2014-53 s 57 Authorised possession of asbestos and asbestos containing material— Act, s 77 (1) (b) s 308 am SL2007-38 s 6; SL2004-56 s 308 (4) (4), (5) exp 1 January 2011 (s 308 (5)) sub A2014-53 s 57 Storage of asbestos and asbestos containing material—Act, s 78 (1) (a) s 309 am SL2007-38 s 7 (3), (4) exp 31 December 2010 (s 309 (4)) sub A2014-53 s 57 Authorised use of asbestos and asbestos containing material—Act, s 79 (1) (b) s 310 am SL2007-38 s 8; SL2004-56 s 310 (5) (4)-(6) exp 1 January 2011 (s 310 (6)) sub A2014-53 s 57 Asbestos management—non-workplace premises pt 3.3 hdg exp 31 December 2010 (s 321 (1)) ins SL2014-32 s 17 Application—pt 3.3 s 311 (4), table 311 item 2 exp 31 December 2004 (s 311 (4)) (5), table 311 items 1, 4 exp 31 December 2006 (s 311 (5)) am SL2007-38 s 9 remainder exp 31 December 2010 (s 321 (1)) ins SL2014-32 s 17 http://www.legislation.act.gov.au/a/2014-53/default.asp http://www.legislation.act.gov.au/a/2014-53/default.asp http://www.legislation.act.gov.au/a/2009-34 http://www.legislation.act.gov.au/a/2014-53/default.asp http://www.legislation.act.gov.au/sl/2007-38 http://www.legislation.act.gov.au/a/2014-53/default.asp http://www.legislation.act.gov.au/sl/2007-38 http://www.legislation.act.gov.au/a/2014-53/default.asp http://www.legislation.act.gov.au/sl/2007-38 http://www.legislation.act.gov.au/a/2014-53/default.asp http://www.legislation.act.gov.au/sl/2007-38 http://www.legislation.act.gov.au/a/2014-53/default.asp http://www.legislation.act.gov.au/sl/2007-38 http://www.legislation.act.gov.au/a/2014-53/default.asp http://www.legislation.act.gov.au/sl/2014-32 http://www.legislation.act.gov.au/sl/2007-38 http://www.legislation.act.gov.au/sl/2014-32 Endnotes Amendment history 4 R27 29/08/16 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 page 193 Unauthorised version prepared by ACT Parliamentary Counsel's Office Removal of asbestos or ACM from premises s 312 exp 31 December 2010 (s 321 (1)) ins SL2014-32 s 17 Asbestos removal control plan s 313 exp 31 December 2010 (s 321 (1)) ins SL2014-32 s 17 Asbestos removal control plan to be kept and available s 314 exp 31 December 2010 (s 321 (1)) ins SL2014-32 s 17 Chrysotile product exemptions—non-transferable s 315 exp 31 December 2010 (s 321 (1)) Chrysotile product exemptions—form s 316 exp 31 December 2010 (s 321 (1)) Chrysotile product exemptions—commencement and cancellation s 317 exp 31 December 2010 (s 321 (1)) Chrysotile product exemptions—amendment s 318 exp 31 December 2010 (s 321 (1)) Chrysotile product exemptions—disciplinary action s 319 exp 31 December 2010 (s 321 (1)) Chrysotile product exemptions—continuation of earlier exemptions s 320 exp 31 December 2010 (s 321 (1)) Expiry—pt 3.3 s 321 am SL2007-38 s 10 exp 31 December 2010 (s 321 (1)) Asbestos management—non-residential premises pt 3.4 hdg ins SL2007-23 s 4 om A2014-53 s 58 Application—pt 3.4 s 322 ins SL2007-23 s 4 om A2014-53 s 58 Definitions—pt 3.4 s 323 ins SL2007-23 s 4 om A2014-53 s 58 def asbestos management plan ins SL2007-23 s 4 om A2014-53 s 58 def asbestos register ins SL2007-23 s 4 om A2014-53 s 58 def building ins SL2007-23 s 4 om A2014-53 s 58 http://www.legislation.act.gov.au/sl/2014-32 http://www.legislation.act.gov.au/sl/2014-32 http://www.legislation.act.gov.au/sl/2014-32 http://www.legislation.act.gov.au/sl/2007-38 http://www.legislation.act.gov.au/sl/2007-23 http://www.legislation.act.gov.au/a/2014-53/default.asp http://www.legislation.act.gov.au/sl/2007-23 http://www.legislation.act.gov.au/a/2014-53/default.asp http://www.legislation.act.gov.au/sl/2007-23 http://www.legislation.act.gov.au/a/2014-53/default.asp http://www.legislation.act.gov.au/sl/2007-23 http://www.legislation.act.gov.au/a/2014-53/default.asp http://www.legislation.act.gov.au/sl/2007-23 http://www.legislation.act.gov.au/a/2014-53/default.asp http://www.legislation.act.gov.au/sl/2007-23 http://www.legislation.act.gov.au/a/2014-53/default.asp Endnotes 4 Amendment history page 194 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 R27 29/08/16 Unauthorised version prepared by ACT Parliamentary Counsel's Office def class ins SL2007-23 s 4 om A2014-53 s 58 def commercial premises ins SL2007-23 s 4 om A2014-53 s 58 def community or recreational premises ins SL2007-23 s 4 om A2014-53 s 58 def disturb ins SL2007-23 s 4 om A2014-53 s 58 def industrial premises ins SL2007-23 s 4 om A2014-53 s 58 def licensed asbestos assessor ins SL2007-23 s 4 om A2014-53 s 58 def national standards ins SL2007-23 s 4 om A2014-53 s 58 def non-residential premises ins SL2007-23 s 4 om A2014-53 s 58 def risk assessment ins SL2007-23 s 4 om A2014-53 s 58 Meaning of non-residential premises—pt 3.4 s 324 ins SL2007-23 s 4 om A2014-53 s 58 Asbestos management plan s 325 ins SL2007-23 s 4 (5)-(7) exp 31 December 2011 (s 325 (7) (LA s 88 declaration applies)) om A2014-53 s 58 Asbestos management plan—review s 326 ins SL2007-23 s 4 om A2014-53 s 58 Asbestos register s 327 ins SL2007-23 s 4 (5)-(7) exp 31 December 2011 (s 327 (7) (LA s 88 declaration applies)) om A2014-53 s 58 Asbestos register—access s 328 ins SL2007-23 s 4 om A2014-53 s 58 Asbestos register—review s 329 ins SL2007-23 s 4 om A2014-53 s 58 Identifying asbestos products etc s 330 ins SL2007-23 s 4 om A2014-53 s 58 http://www.legislation.act.gov.au/sl/2007-23 http://www.legislation.act.gov.au/a/2014-53/default.asp http://www.legislation.act.gov.au/sl/2007-23 http://www.legislation.act.gov.au/a/2014-53/default.asp http://www.legislation.act.gov.au/sl/2007-23 http://www.legislation.act.gov.au/a/2014-53/default.asp http://www.legislation.act.gov.au/sl/2007-23 http://www.legislation.act.gov.au/a/2014-53/default.asp http://www.legislation.act.gov.au/sl/2007-23 http://www.legislation.act.gov.au/a/2014-53/default.asp http://www.legislation.act.gov.au/sl/2007-23 http://www.legislation.act.gov.au/a/2014-53/default.asp http://www.legislation.act.gov.au/sl/2007-23 http://www.legislation.act.gov.au/a/2014-53/default.asp http://www.legislation.act.gov.au/sl/2007-23 http://www.legislation.act.gov.au/a/2014-53/default.asp http://www.legislation.act.gov.au/sl/2007-23 http://www.legislation.act.gov.au/a/2014-53/default.asp http://www.legislation.act.gov.au/sl/2007-23 http://www.legislation.act.gov.au/a/2014-53/default.asp http://www.legislation.act.gov.au/sl/2007-23 http://www.legislation.act.gov.au/a/2014-53/default.asp http://www.legislation.act.gov.au/sl/2007-23 http://www.legislation.act.gov.au/a/2014-53/default.asp http://www.legislation.act.gov.au/sl/2007-23 http://www.legislation.act.gov.au/a/2014-53/default.asp http://www.legislation.act.gov.au/sl/2007-23 http://www.legislation.act.gov.au/a/2014-53/default.asp http://www.legislation.act.gov.au/sl/2007-23 http://www.legislation.act.gov.au/a/2014-53/default.asp http://www.legislation.act.gov.au/sl/2007-23 http://www.legislation.act.gov.au/a/2014-53/default.asp Endnotes Amendment history 4 R27 29/08/16 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 page 195 Unauthorised version prepared by ACT Parliamentary Counsel's Office Presumed presence of asbestos products s 331 ins SL2007-23 s 4 om A2014-53 s 58 Asbestos warning signs etc s 332 ins SL2007-23 s 4 om A2014-53 s 58 Asbestos risk assessment s 333 ins SL2007-23 s 4 om A2014-53 s 58 Asbestos risk assessment—review s 334 ins SL2007-23 s 4 om A2014-53 s 58 Asbestos—atmospheric monitoring s 335 ins SL2007-23 s 4 om A2014-53 s 58 Atmospheric asbestos—exposure standard exceeded s 336 ins SL2007-23 s 4 om A2014-53 s 58 Asbestos management—residential premises pt 3.5 hdg ins SL2014-19 s 4 Application—pt 3.5 s 337 ins SL2014-19 s 4 Definitions—pt 3.5 s 338 ins SL2014-19 s 4 def approved warning sign ins SL2014-19 s 4 def asbestos contamination ins SL2015-13 s 4 def asbestos contamination report ins SL2015-13 s 4 def class ins SL2014-19 s 4 om A2015-6 amdt 1.5 def contamination management plan ins SL2015-13 s 4 def licensed asbestos assessor ins SL2015-10 s 4 def licensed asbestos removalist ins A2015-42 s 22 def living areas ins SL2015-13 s 4 def loose-fill asbestos insulation ins SL2014-19 s 4 om A2015-6 amdt 1.5 def regulator ins SL2015-13 s 4 def residential premises ins SL2014-19 s 4 sub A2015-6 amdt 1.6 Asbestos warning signs—approval s 339 ins SL2014-19 s 4 am A2015-6 amdt 1.7 http://www.legislation.act.gov.au/sl/2007-23 http://www.legislation.act.gov.au/a/2014-53/default.asp http://www.legislation.act.gov.au/sl/2007-23 http://www.legislation.act.gov.au/a/2014-53/default.asp http://www.legislation.act.gov.au/sl/2007-23 http://www.legislation.act.gov.au/a/2014-53/default.asp http://www.legislation.act.gov.au/sl/2007-23 http://www.legislation.act.gov.au/a/2014-53/default.asp http://www.legislation.act.gov.au/sl/2007-23 http://www.legislation.act.gov.au/a/2014-53/default.asp http://www.legislation.act.gov.au/sl/2007-23 http://www.legislation.act.gov.au/a/2014-53/default.asp http://www.legislation.act.gov.au/sl/2014-19 http://www.legislation.act.gov.au/sl/2014-19 http://www.legislation.act.gov.au/sl/2014-19 http://www.legislation.act.gov.au/sl/2014-19 http://www.legislation.act.gov.au/sl/2015-13 http://www.legislation.act.gov.au/sl/2015-13 http://www.legislation.act.gov.au/sl/2014-19 http://www.legislation.act.gov.au/a/2015-6/default.asp http://www.legislation.act.gov.au/sl/2015-13 http://www.legislation.act.gov.au/sl/2015-10 http://www.legislation.act.gov.au/a/2015-42/default.asp http://www.legislation.act.gov.au/sl/2015-13 http://www.legislation.act.gov.au/sl/2014-19 http://www.legislation.act.gov.au/a/2015-6/default.asp http://www.legislation.act.gov.au/sl/2015-13 http://www.legislation.act.gov.au/sl/2014-19 http://www.legislation.act.gov.au/a/2015-6/default.asp http://www.legislation.act.gov.au/sl/2014-19 http://www.legislation.act.gov.au/a/2015-6/default.asp Endnotes 4 Amendment history page 196 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 R27 29/08/16 Unauthorised version prepared by ACT Parliamentary Counsel's Office Offence—asbestos warning signs s 340 ins SL2014-19 s 4 am SL2014-19 s 5; ss renum R21 LA Asbestos contamination report s 341 ins SL2015-10 s 5 sub SL2015-13 s 5 Asbestos contamination report—owner and occupier responsibilities s 342 ins SL2015-10 s 5 sub SL2015-13 s 5 am A2015-42 s 23 Assessor must give copy of report to regulator and owner s 343 ins SL2015-13 s 5 Asbestos removalist must give copy of work report to regulator and owner s 344 hdg sub A2015-42 s 24 s 344 ins SL2015-13 s 5 am A2015-42 s 25 Loss or theft of security sensitive substances—reporting s 403 am A2011-22 amdt 1.163 Suitable person to hold licence—Act, s 49 (1) (i) s 404 am A2011-22 amdt 1.163 Licence may only be issued for authorised purposes s 405 am A2011-22 amdt 1.163 Manufacturing licence conditions—Act, s 53 (2) (b) s 411 am A2011-22 amdt 1.163 Import licence conditions—Act, s 53 (2) (b) s 418 am A2011-22 amdt 1.163 Notice of import s 419 am A2011-22 amdt 1.163 Carrying licence conditions—Act, s 53 (2) (b) s 429 am A2011-22 amdt 1.163 Route and time restrictions s 431 am A2011-22 amdt 1.163 Storage licence conditions—Act, s 53 (2) (b) s 437 am A2011-22 amdt 1.163 Supply licence conditions—Act, s 53 (2) (b) s 444 am A2011-22 amdt 1.163 User licence conditions—Act, s 53 (2) (b) s 453 am A2011-22 amdt 1.163 http://www.legislation.act.gov.au/sl/2014-19 http://www.legislation.act.gov.au/sl/2014-19 http://www.legislation.act.gov.au/sl/2015-10 http://www.legislation.act.gov.au/sl/2015-13 http://www.legislation.act.gov.au/sl/2015-10 http://www.legislation.act.gov.au/sl/2015-13 http://www.legislation.act.gov.au/a/2015-42/default.asp http://www.legislation.act.gov.au/sl/2015-13 http://www.legislation.act.gov.au/a/2015-42/default.asp http://www.legislation.act.gov.au/sl/2015-13 http://www.legislation.act.gov.au/a/2015-42/default.asp http://www.legislation.act.gov.au/a/2011-22 http://www.legislation.act.gov.au/a/2011-22 http://www.legislation.act.gov.au/a/2011-22 http://www.legislation.act.gov.au/a/2011-22 http://www.legislation.act.gov.au/a/2011-22 http://www.legislation.act.gov.au/a/2011-22 http://www.legislation.act.gov.au/a/2011-22 http://www.legislation.act.gov.au/a/2011-22 http://www.legislation.act.gov.au/a/2011-22 http://www.legislation.act.gov.au/a/2011-22 http://www.legislation.act.gov.au/a/2011-22 Endnotes Amendment history 4 R27 29/08/16 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 page 197 Unauthorised version prepared by ACT Parliamentary Counsel's Office Notification and review of decisions ch 5 hdg sub A2008-37 amdt 1.116 Internally reviewable decisions—Act, s 186, def internally reviewable decision s 500 sub A2008-37 amdt 1.116 Reviewable decisions—Act, s 186, def reviewable decision s 501 sub A2008-37 amdt 1.116 Internally reviewable decisions—right of review and notice—Act, s 186A and s 187 (1) (a) s 502 sub A2008-37 amdt 1.116 Reviewable decisions—right of review and notice—Act, s 190 and s 191 (1) (a) s 503 ins A2008-37 amdt 1.116 Transitional and consequential amendments ch 6 hdg om R6 LA Modification of Act, ch 14 pt 6.1 hdg exp 5 April 2006 (s 602) Act modified—pt 6.1 s 600 exp 5 April 2006 (s 602) Section 226 (3) s 601 exp 5 April 2006 (s 602) Expiry—pt 6.1 s 602 exp 5 April 2006 (s 602) Licences pt 6.2 hdg exp 1 July 2005 (s 603 (3)) Term of licence—Act, s 54 (2) s 603 exp 1 July 2005 (s 603 (3)) Dangerous Substances (General) Regulation 2004 SL2004-9 pt 6.3 hdg om LA s 89 (3) Legislation amended—pt 6.3 s 604 om LA s 89 (3) Part 5 s 605 om LA s 89 (3) Repeal of Dangerous Substances (General) Regulation 2004 SL2004-9 pt 6.4 hdg om LA s 89 (3) Repeal s 606 om LA s 89 (3) http://www.legislation.act.gov.au/a/2008-37 http://www.legislation.act.gov.au/a/2008-37 http://www.legislation.act.gov.au/a/2008-37 http://www.legislation.act.gov.au/a/2008-37 http://www.legislation.act.gov.au/a/2008-37 Endnotes 4 Amendment history page 198 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 R27 29/08/16 Unauthorised version prepared by ACT Parliamentary Counsel's Office Dangerous Substances (Explosives) Regulation 2004 pt 6.5 hdg om LA s 89 (3) Legislation amended—pt 6.5 s 607 om LA s 89 (3) Incorporated documents Section 5 (2) s 608 om LA s 89 (3) Section 5 (4), definition of incorporated document, paragraphs (b) and (c) s 609 om LA s 89 (3) Section 5 (4), definition of incorporated document s 610 om LA s 89 (3) Section 5 (4), new definition of properly notified s 611 om LA s 89 (3) Section 20 s 612 om LA s 89 (3) New section 22A s 613 om LA s 89 (3) Loss or theft of explosives—reporting Section 25 (1) (b) s 614 om LA s 89 (3) Section 25 (2) s 615 om LA s 89 (3) Section 25 s 616 om LA s 89 (3) Authorisation decision-making Section 32 (3) (b) (ii) s 617 om LA s 89 (3) New part 2.2A s 618 om LA s 89 (3) Exceptions—labelling and placarding Section 45 (b) (i) s 619 om LA s 89 (3) Section 51 s 620 om LA s 89 (3) Sections 55 and 56 s 621 om LA s 89 (3) Endnotes Amendment history 4 R27 29/08/16 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 page 199 Unauthorised version prepared by ACT Parliamentary Counsel's Office Explosives for which no import licence required Section 91 (4) s 622 om LA s 89 (3) Import licence applications—Act, s 50 (2) Section 94 (a) s 623 om LA s 89 (3) Section 94 s 624 om LA s 89 (3) Section 95 s 625 om LA s 89 (3) Notice of import Section 96 (4) s 626 om LA s 89 (3) Application of pt 2.6 Section 98 (3) (a) and (b) s 627 om LA s 89 (3) Authority to carry explosives by road Section 100 (1) s 628 om LA s 89 (3) Section 100 (2) (b) (ii) and (2), note 3 s 629 om LA s 89 (3) Section 101 heading s 630 om LA s 89 (3) Section 101 (1) s 631 om LA s 89 (3) Section 101 (2) s 632 om LA s 89 (3) Sections 105 and 106 s 633 om LA s 89 (3) Authority for driving vehicle carrying explosives Section 107 (1) (a) (i) s 634 om LA s 89 (3) Section 107 (1) (a) (ii) s 635 om LA s 89 (3) Explosives driving licence applications—Act, s 50 (2) Section 111 (a) s 636 om LA s 89 (3) Section 111 s 637 om LA s 89 (3) Endnotes 4 Amendment history page 200 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 R27 29/08/16 Unauthorised version prepared by ACT Parliamentary Counsel's Office Suitable people to hold explosives driving licences—Act, s 49 (1) (i) Section 112 (1), new notes s 638 om LA s 89 (3) Section 112 (3), note s 639 om LA s 89 (3) Production of driving authority on request Section 114 (4), definition of required authorisation, paragraph (a) (ii) s 640 om LA s 89 (3) Route and time restrictions Section 117 (2) s 641 om LA s 89 (3) Authority to store explosives Section 125 (1) s 642 om LA s 89 (3) Storage licence applications—Act, s 50 (2) Section 128 (1) (a) s 643 om LA s 89 (3) Section 128 (1) (n) s 644 om LA s 89 (3) Section 128 (1) s 645 om LA s 89 (3) Sections 129 and 130 s 646 om LA s 89 (3) Separation distance for magazines Section 135 (3) (c) s 647 om LA s 89 (3) Authority to supply explosives Section 166 (b) s 648 om LA s 89 (3) Section 166 s 649 om LA s 89 (3) Supply licence applications—Act, s 50 (2) Section 169 (a) and (b) s 650 om LA s 89 (3) Section 169 s 651 om LA s 89 (3) Section 170 s 652 om LA s 89 (3) Endnotes Amendment history 4 R27 29/08/16 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 page 201 Unauthorised version prepared by ACT Parliamentary Counsel's Office Supply only to authorised people Section 174 (1) s 653 om LA s 89 (3) Section 174 s 654 om LA s 89 (3) Supply records Section 176 (1) s 655 om LA s 89 (3) Section 176 s 656 om LA s 89 (3) False or misleading statements about authority to supply explosives Section 177 (1) (b) (ii) s 657 om LA s 89 (3) New section 177 (3) and (4) s 658 om LA s 89 (3) Section 182 s 659 om LA s 89 (3) Shotfirer licence applications—Act, s 50 (2) Section 185 (a) and (b) s 660 om LA s 89 (3) Section 185 s 661 om LA s 89 (3) Section 186 heading s 662 om LA s 89 (3) Section 186 (1), new notes s 663 om LA s 89 (3) Section 186 (3), note s 664 om LA s 89 (3) Section 187 s 665 om LA s 89 (3) Section 190 heading s 666 om LA s 89 (3) Section 190 (1), new notes s 667 om LA s 89 (3) Section 191, heading s 668 om LA s 89 (3) Section 191 (1), note s 669 om LA s 89 (3) Endnotes 4 Amendment history page 202 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 R27 29/08/16 Unauthorised version prepared by ACT Parliamentary Counsel's Office Authority to dispose of explosives Section 252 (1) s 670 om LA s 89 (3) Section 252 (2) (b) s 671 om LA s 89 (3) Safe disposal of explosives—general rules Section 256 (a) and (b) s 672 om LA s 89 (3) Section 258 s 673 om LA s 89 (3) Consumer fireworks definitions Section 264, definition of identification papers s 674 om LA s 89 (3) Fireworks display definitions Section 299, definition of display operator licence s 675 om LA s 89 (3) Section 305 heading s 676 om LA s 89 (3) Section 305 (1), new notes s 677 om LA s 89 (3) Section 305 (4), notes s 678 om LA s 89 (3) Fireworks display permit applications—Act, s 50 (2) Section 307 (1) (f) s 679 om LA s 89 (3) Section 308 heading s 680 om LA s 89 (3) Section 308 (1), new notes s 681 om LA s 89 (3) Insurance requirements Section 310 s 682 om LA s 89 (3) Time and place restrictions for outdoor displays Section 313 (1) (b) s 683 om LA s 89 (3) Dictionary, note 3 s 684 om LA s 89 (3) Dictionary, new definition of adverse security assessment s 685 om LA s 89 (3) Endnotes Amendment history 4 R27 29/08/16 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 page 203 Unauthorised version prepared by ACT Parliamentary Counsel's Office Dictionary, definition of aerial shell, note s 686 om LA s 89 (3) Dictionary, definitions of AS 2187.0, AS 2187.1, AS 2187.2 and AS 2187.4 s 687 om LA s 89 (3) Dictionary, definitions of Australian Dangerous Goods Code and Australian Explosives Code s 688 om LA s 89 (3) Dictionary, new definition s 689 om LA s 89 (3) Dictionary, definition of identification papers s 690 om LA s 89 (3) Dictionary, new definitions s 691 om LA s 89 (3) Dictionary, definition of salute shell s 692 om LA s 89 (3) Dictionary, new definitions s 693 om LA s 89 (3) Dictionary, definition of supply, paragraph (b) s 694 om LA s 89 (3) Dictionary, new definition s 695 om LA s 89 (3) Reviewable decisions sch 5 hdg am A2008-37 amdt 1.117 sch 5 am A2008-37 amdt 1.118 Director-general—reviewable decisions under Act sch 5 pt 5.1 hdg (prev sch 5 pt 1.1 hdg) renum R1 LA am A2011-22 amdt 1.163 sch 5 pt 5.1 am A2011-22 amdt 1.163 Inspectors—internally reviewable decisions under Act sch 5 pt 5.2 hdg (prev sch 5 pt 1.2 hdg) renum R1 LA Director-general—reviewable decisions under this regulation sch 5 pt 5.3 hdg (prev sch 5 pt 1.3 hdg) renum R1 LA am A2011-22 amdt 1.163 sch 5 pt 5.3 am A2011-22 amdt 1.163 http://www.legislation.act.gov.au/a/2008-37 http://www.legislation.act.gov.au/a/2008-37 http://www.legislation.act.gov.au/a/2011-22 http://www.legislation.act.gov.au/a/2011-22 http://www.legislation.act.gov.au/a/2011-22 http://www.legislation.act.gov.au/a/2011-22 Endnotes 4 Amendment history page 204 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 R27 29/08/16 Unauthorised version prepared by ACT Parliamentary Counsel's Office Dictionary dict am SL2007-23 s 5; A2008-37 amdts 1.119-1.121; A2009-49 amdt 3.43; A2011-10 s 8; A2011-22 amdt 1.164; A2015-6 amdt 1.8; A2015-50 amdt 3.96; A2016-33 amdt 1.16 def ACM ins A2014-53 s 59 def affected residential premises ins SL2014-19 s 6 def approved warning sign ins SL2014-19 s 6 def asbestos om A2011-10 s 9 def asbestos containing material (ACM) ins A2014-53 s 59 def asbestos contamination ins SL2015-13 s 6 def asbestos contamination report ins SL2015-13 s 6 def asbestos management plan ins SL2007-23 s 6 om A2014-53 s 60 def asbestos product om A2014-53 s 60 def asbestos register ins SL2007-23 s 6 om A2014-53 s 60 def asbestos-related work ins A2014-53 s 61 def authorised activity om A2014-53 s 62 def authorised activity condition om A2014-53 s 62 def chrysotile product exp 31 December 2010 (s 321 (2)) def class, of building ins SL2014-19 s 6 om A2015-6 amdt 1.9 def contamination management plan ins SL2015-13 s 6 def disturb ins SL2007-23 s 6 om A2014-53 s 62 def exemption exp 31 December 2010 (s 321 (2)) def health and safety representative om A2009-28 amdt 2.16 ins A2011-55 amdt 1.21 def identification papers am A2009-49 amdt 3.44; A2010-43 amdt 1.9; A2016-7 amdt 1.8 def licensed asbestos assessor ins SL2007-23 s 6 om A2014-53 s 62 ins SL2015-10 s 6 def licensed asbestos removalist ins A2015-42 s 26 def living areas ins SL2015-13 s 6 def loose-fill asbestos insulation ins SL2014-19 s 6 om A2015-6 amdt 1.9 def national standards ins SL2007-23 s 6 om A2014-53 s 62 def non-residential premises ins SL2007-23 s 6 om A2014-53 s 62 http://www.legislation.act.gov.au/sl/2007-23 http://www.legislation.act.gov.au/a/2008-37 http://www.legislation.act.gov.au/a/2009-49 http://www.legislation.act.gov.au/a/2011-10 http://www.legislation.act.gov.au/a/2011-22 http://www.legislation.act.gov.au/a/2015-6/default.asp http://www.legislation.act.gov.au/a/2015-50 http://www.legislation.act.gov.au/a/2016-33/default.asp http://www.legislation.act.gov.au/a/2014-53/default.asp http://www.legislation.act.gov.au/sl/2014-19 http://www.legislation.act.gov.au/sl/2014-19 http://www.legislation.act.gov.au/a/2011-10 http://www.legislation.act.gov.au/a/2014-53/default.asp http://www.legislation.act.gov.au/sl/2015-13 http://www.legislation.act.gov.au/sl/2015-13 http://www.legislation.act.gov.au/sl/2007-23 http://www.legislation.act.gov.au/a/2014-53/default.asp http://www.legislation.act.gov.au/a/2014-53/default.asp http://www.legislation.act.gov.au/sl/2007-23 http://www.legislation.act.gov.au/a/2014-53/default.asp http://www.legislation.act.gov.au/a/2014-53/default.asp http://www.legislation.act.gov.au/a/2014-53/default.asp http://www.legislation.act.gov.au/a/2014-53/default.asp http://www.legislation.act.gov.au/sl/2014-19 http://www.legislation.act.gov.au/a/2015-6/default.asp http://www.legislation.act.gov.au/sl/2015-13 http://www.legislation.act.gov.au/sl/2007-23 http://www.legislation.act.gov.au/a/2014-53/default.asp http://www.legislation.act.gov.au/a/2009-28 http://www.legislation.act.gov.au/a/2011-55 http://www.legislation.act.gov.au/a/2009-49 http://www.legislation.act.gov.au/a/2010-43 http://www.legislation.act.gov.au/a/2016-7 http://www.legislation.act.gov.au/sl/2007-23 http://www.legislation.act.gov.au/a/2014-53/default.asp http://www.legislation.act.gov.au/sl/2015-10 http://www.legislation.act.gov.au/a/2015-42/default.asp http://www.legislation.act.gov.au/sl/2015-13 http://www.legislation.act.gov.au/sl/2014-19 http://www.legislation.act.gov.au/a/2015-6/default.asp http://www.legislation.act.gov.au/sl/2007-23 http://www.legislation.act.gov.au/a/2014-53/default.asp http://www.legislation.act.gov.au/sl/2007-23 http://www.legislation.act.gov.au/a/2014-53/default.asp Endnotes Amendment history 4 R27 29/08/16 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 page 205 Unauthorised version prepared by ACT Parliamentary Counsel's Office def regulator ins SL2015-13 s 6 def residential premises ins SL2014-19 s 6 sub A2015-6 amdt 1.10 def risk assessment sub SL2007-23 s 7; A2014-53 s 63 def work safety representative ins A2009-28 amdt 2.17 om A2011-55 amdt 1.22 http://www.legislation.act.gov.au/sl/2015-13 http://www.legislation.act.gov.au/sl/2014-19 http://www.legislation.act.gov.au/a/2015-6/default.asp http://www.legislation.act.gov.au/sl/2007-23 http://www.legislation.act.gov.au/a/2014-53/default.asp http://www.legislation.act.gov.au/a/2009-28 http://www.legislation.act.gov.au/a/2011-55 Endnotes 5 Earlier republications page 206 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 R27 29/08/16 Unauthorised version prepared by ACT Parliamentary Counsel's Office 5 Earlier republications Some earlier republications were not numbered. The number in column 1 refers to the publication order. Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical. Republication No and date Effective Last amendment made by Republication for R1 15 Dec 2004 15 Dec 2004– 31 Dec 2004 not amended new regulation R2 1 Jan 2005 1 Jan 2005– 30 Mar 2005 not amended commenced expiry R3 31 Mar 2005 31 Mar 2005– 29 June 2005 not amended commenced provisions R4 30 June 2005 30 June 2005– 1 July 2005 not amended commenced provisions R5 2 July 2005 2 July 2005– 5 Apr 2006 not amended commenced expiry R6 6 Apr 2006 6 Apr 2006– 31 Dec 2006 not amended commenced expiry R7 1 Jan 2007 1 Jan 2007– 6 Sept 2007 not amended commenced expiry R8 7 Sept 2007 7 Sept 2007– 17 Dec 2007 SL2007-23 amendments by SL2007-23 R9 18 Dec 2007 18 Dec 2007– 1 Feb 2009 SL2007-38 amendments by SL2007-38 R10 2 Feb 2009 2 Feb 2009– 30 Sept 2009 A2008-37 amendments by A2008-37 R11 1 Oct 2009 1 Oct 2009– 16 Dec 2009 A2009-34 amendments by A2009-28 R12 17 Dec 2009 17 Dec 2009– 1 Apr 2010 A2009-49 amendments by A2009-49 http://www.legislation.act.gov.au/sl/2007-23 http://www.legislation.act.gov.au/sl/2007-23 http://www.legislation.act.gov.au/sl/2007-38 http://www.legislation.act.gov.au/sl/2007-38 http://www.legislation.act.gov.au/a/2008-37 http://www.legislation.act.gov.au/a/2008-37 http://www.legislation.act.gov.au/a/2009-34 http://www.legislation.act.gov.au/a/2009-28 http://www.legislation.act.gov.au/a/2009-49 http://www.legislation.act.gov.au/a/2009-49 Endnotes Earlier republications 5 R27 29/08/16 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 page 207 Unauthorised version prepared by ACT Parliamentary Counsel's Office Republication No and date Effective Last amendment made by Republication for R13 (RI) 6 Apr 2010 2 Apr 2010– 30 Nov 2010 A2009-49 amendments by A2009-34 reissue for republication correction R14 1 Dec 2010 1 Dec 2010– 31 Dec 2010 A2010-43 amendments by A2010-43 R15 1 Jan 2011 1 Jan 2011– 1 Jan 2011 A2010-43 amendments by SL2004-56 and expiry of provisions (defs chrysotile product and exemption (s 301 and dict), s 309 (3), (4) and pt 3) R16 2 Jan 2011 2 Jan 2011– 16 Mar 2011 A2010-43 expiry of provisions (s 306 (4)-(6), s 307 (4)-(6), s 308 (4), (5) and s 310 (4)-(6) R17 17 Mar 2011 17 Mar 2011– 30 June 2011 A2011-10 amendments by A2011-10 R18 1 July 2011 1 July 2011– 31 Dec 2011 A2011-22 amendments by A2011-22 R19 1 Jan 2012 1 Jan 2012– 31 Aug 2014 A2011-55 amendments by A2011-55 and expiry of provisions (s 325 (5)-(7), s 327 (5)-(7)) R20 1 Sept 2014 1 Sept 2014– 31 Dec 2014 SL2014-19 amendments by SL2014-19 R21 1 Jan 2015 1 Jan 2015– 14 May 2015 SL2014-32 amendments by SL2014-19, A2014 53 and SL2014-32 R22 15 May 2015 15 May 2015– 28 June 2015 SL2015-10 amendments by SL2015-10 http://www.legislation.act.gov.au/a/2009-49 http://www.legislation.act.gov.au/a/2009-34 http://www.legislation.act.gov.au/a/2010-43 http://www.legislation.act.gov.au/a/2010-43 http://www.legislation.act.gov.au/a/2010-43 http://www.legislation.act.gov.au/a/2010-43 http://www.legislation.act.gov.au/a/2011-10 http://www.legislation.act.gov.au/a/2011-10 http://www.legislation.act.gov.au/a/2011-22 http://www.legislation.act.gov.au/a/2011-22 http://www.legislation.act.gov.au/a/2011-55 http://www.legislation.act.gov.au/a/2011-55 http://www.legislation.act.gov.au/sl/2014-19 http://www.legislation.act.gov.au/sl/2014-19 http://www.legislation.act.gov.au/sl/2014-32 http://www.legislation.act.gov.au/sl/2014-19 http://www.legislation.act.gov.au/a/2014-53/default.asp http://www.legislation.act.gov.au/a/2014-53/default.asp http://www.legislation.act.gov.au/sl/2014-32 http://www.legislation.act.gov.au/sl/2015-10/default.asp http://www.legislation.act.gov.au/sl/2015-10/default.asp Endnotes 5 Earlier republications page 208 Dangerous Substances (General) Regulation 2004 Effective: 29/08/16 R27 29/08/16 Unauthorised version prepared by ACT Parliamentary Counsel's Office Republication No and date Effective Last amendment made by Republication for R23 29 June 2015 29 June 2015– 8 Dec 2015 SL2015-10 amendments by A2015-6 R24 9 Dec 2015 9 Dec 2015 31 Jan 2016 A2015-50 amendments by A2015-50 R25 1 Feb 2016 1 Feb 2016 20 June 2016 A2015-50 amendments by SL2015-13 and A2015-42 R26 21 June 2016 21 June 2016 28 Aug 2016 A2016-33 amendments by A2016-33 © Australian Capital Territory 2016 http://www.legislation.act.gov.au/sl/2015-10/default.asp http://www.legislation.act.gov.au/a/2015-6/default.asp http://www.legislation.act.gov.au/a/2015-50 http://www.legislation.act.gov.au/a/2015-50 http://www.legislation.act.gov.au/a/2015-50 http://www.legislation.act.gov.au/sl/2015-13 http://www.legislation.act.gov.au/a/2015-42 http://www.legislation.act.gov.au/a/2016-33 http://www.legislation.act.gov.au/a/2016-33