Dangerous Goods Act 1975 - Dangerous Goods Amendment (Penalty Notices) Regulation 2001 (2001-647) [GG No 129 of 24.8.2001, p 6192] (NSW)
2001 No 647
| Dangerous Goods Amendment | New South Wales |
(Penalty Notices) Regulation 2001
under the
Dangerous Goods Act 1975
Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Dangerous Goods Act 1975.
JOHN DELLA BOSCA, M.L.C.,
Minister for Industrial Relations
Explanatory note
The object of this Regulation is to prescribe certain offences under the Dangerous Goods Act 1975 and the Dangerous Goods (General) Regulation 1999 as penalty notice offences for the purposes of that Act and that Regulation.
This Regulation is made as a consequence of the commencement of the Occupational Health and Safety Act 2000 and the Occupational Health and Safety Regulation 2001.
This Regulation is made under the Dangerous Goods Act 1975, including sections 41 (the general regulation-making power) and 43A (which relates to penalty notices).
| Published in Gazette No 129 of 24 August 2001, page 6192 | Page 1 |
| [8] | |
| 2001 No 647 | |
| Clause 1 | Dangerous Goods Amendment (Penalty Notices) Regulation 2001 |
Dangerous Goods Amendment (Penalty Notices)
Regulation 2001
Name of Regulation
This Regulation is the Dangerous Goods Amendment (Penalty
Notices) Regulation 2001.
2 Commencement
This Regulation commences on the commencement of the
Occupational Health and Safety Act 2000.
Amendment of Dangerous Goods (General) Regulation 1999
The Dangerous Goods (General) Regulation 1999 is amended as set out in Schedule 1.
4 Notes
The explanatory note does not form part of this Regulation.
2001 No 647
Dangerous Goods Amendment (Penalty Notices) Regulation 2001
| Amendments | Schedule 1 |
| Schedule 1 | Amendments |
(Clause 3)
Clauses 342–344
Insert after clause 341:
342 Penalty notice offences and penalties
(1) For the purposes of section 43A of the Act:
(a) each offence arising under a provision specified in Column 1 of Schedule 4 is an offence for which a penalty notice may be served, and (b) the penalty prescribed for each such offence is the amount specified opposite the provision in Column 2 of the Schedule. (2) If the reference to a provision in Column 1 of Schedule 4 is qualified by words that restrict its operation to specified kinds of offences, an offence arising under the provision is a prescribed offence only if it is an offence of a kind so specified or committed in the circumstances so specified. 343 Authorised officers
A police officer is declared to be an authorised officer for the purposes of section 43A of the Act.
344 Short descriptions of offences
(1)
For the purposes of section 145B (2) of the Justices Act 1902, the prescribed expression for an offence arising under a provision specified in Column 1 of Schedule 4 consists of the IPB Code set out in relation to the offence in Column 3 of that Schedule together with:
(a)
the expression specified in Column 4 of the Schedule opposite the offence, or
(b)
if a choice of words is indicated in that expression—the words remaining after the omission of the words irrelevant to the offence.
2001 No 647
Dangerous Goods Amendment (Penalty Notices) Regulation 2001
| Schedule 1 | Amendments |
(2) For the purposes of any proceedings for an offence arising under a provision specified in Column 1 of Schedule 4, the prescribed expression for the offence is taken to relate to the offence arising under the provision as the provision was in force when the offence is alleged to have been committed.
(3) The amendment or repeal of a prescribed expression does not affect the validity of any information, complaint, summons, warrant, notice, order or other document in which the expression is used and any such document continues to have effect as if that expression had not been amended or repealed. (4) Subclause (3) applies to any information, complaint, summons, warrant, notice, order or other document (whether issued, given or made before or after the amendment or repeal) that relates to an offence alleged to have been committed before the amendment or repeal.
Schedule 4
Insert after Schedule 3:
Schedule 4 Penalty notices (Clauses 342 and 344)
Column 1 Column 2 Column 3 Column 4 Provision Penalty ($) IPB Code Short description Offence under Dangerous Goods Act 1975
Section 9 (1) 55 8121 Keep dangerous goods (in the case of a person on/in unlicensed who commits the premises (employee) offence in his or her
capacity as an
employee)Section 9 (1) 550 9477 Keep dangerous goods (in any other case) on/in unlicensed
premises
(non-employee)
2001 No 647
Dangerous Goods Amendment (Penalty Notices) Regulation 2001
| Amendments | Schedule 1 |
Column 1 Column 2 Column 3 Column 4 Provision Penalty ($) IPB Code Short description Offence under Dangerous Goods (General) Regulation 1999
Clause 94 (2) 55 9494 Use/cause/permit/suffer (in the case of a person use of unapproved who commits the appliance in explosive offence in his or her gas zone (employee) capacity as an
employee)Clause 94 (2) 550 9495 Use/cause/permit/suffer (in any other case) use of unapproved
appliance in explosive
gas zone
(non-employee)[3] Dictionary
Insert in alphabetical order:
Infringement Processing Bureau means the Infringement to the offence by the Infringement Processing Bureau.
penalty notice means a notice served under section 43A of the Act.
Processing Bureau within the Police Service.
BY AUTHORITY
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