Dangerous Goods (Amendment) Act 1982 (NSW)

DANGEROUS GOODS (AMENDMENT) ACT, 1982, No. 52

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ANNO TRICESIMO PR1MO

ELIZABETHS U REGIN^E

Act No. 52, 1982.

An Act to amend the Dangerous Goods Act, 1975, in relation to containers
in which dangerous goods are carried and in relation to certain licences

and permits, and for other purposes. [Assented to, 12th May. 1°82.|

Amendment Act, 1982.

See also Liquefied Petroleum Gas (Dangerous Goods) Amendment Act. 1982; Motor Vehicle Repairs
(Dangerous Goods) Amendment Act, I9K?.: Plumbers. Gasfittcrs and Drainers (Dangerous Goods)

Act No. 52, 1982. 2

Dangerous Goods {Amendment).

BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows:—

Short title.

1.     This Act may be cited as the "Dangerous Goods (Amendment) Act,

1982".

Commencement.

2. (1) Except as provided in subsection (2), this Act shall commence

on the date of assent to this Act.

(2) Section 5, in its application to Schedule 2, and Schedule 2 shall commence on such day as may be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette.

Principal Act.

3. The Dangerous Goods Act, 1975, is referred to in this Act as the

Principal Act.

Schedules.

4. This Act contains the following Schedules:—

SCHEDULE 1.—AMENDMENTS TO THE PRINCIPAL ACT.

SCHEDULE 2.—FURTHER AMENDMENTS TO THE PRINCIPAL ACT.

Amendment of Act No. 68, 1975.

1. The Principal Act is amended in the manner set forth in Schedules 1

and 2.

3   Act No. 52, 1982.

Dangerous Goods (Amendment).

SCHEDULE 1.

(Sec. 5.)

AMENDMENTS TO THE PRINCIPAL ACT.

(1) (a) Section 10 (2) (c)—

Omit the paragraph, insert instead:—

(c) the container in which he is authorised to carry the dangerous goods (whether by reference to a vehicle or vessel of which it forms part, or otherwise).

(b) Section 10 (3)—

Omit "or on the vehicle or vessel", insert instead "the container".

(2) Section 11—

Omit the section, insert instead:— Offence of unlicensed conveyance.

11. A person shall not carry any dangerous goods prescribed for the purposes of this section in any container that is in or on, or forms part of, a vehicle or vessel unless he is authorised by section 10 (3) to carry the dangerous goods in that container.

Penalty: $1,000 or, if a corporation, $5,000.

(3) Section 27 (2 )—

After "public safety", insert "or the peace".

(4) Section 2 7 A —

After section 27, insert:— explosives.

27A. (1) This section applies to—

(a) licences relating to explosives: and

Act No. 52, 1982. 4

Dangerous Goods {Amendment).

SCHEDULE 1—continued.

AMENDMENTS TO THE PRINCIPAL ACT—continued.

(b) permits relating to explosives, being permits that are issued by the Chief Inspector.

(2) For the purpose of enabling the Chief Inspector to determine an application for the issue, renewal or transfer of a licence or permit to which this section applies, the Chief Inspector may request the Commissioner of Police to furnish him with a report in respect of any one or more of the following matters:—

(a)	whether the applicant has been convicted in New South Wales or elsewhere of an offence and sentenced to penal servitude or imprisonment for 12 months or more and has been released from that penal servitude or imprisonment less than 5 years before the date of the application;
(b)	whether the applicant is subject to a recognizance, granted in New South Wales or elsewhere, to be of good behaviour or to keep the peace;
(c)	whether the applicant is the subject of a firearms prohibition order within the meaning of the Firearms and Dangerous Weapons Act, 1973;

(d) whether the applicant is of good character and repute;

(e)	whether the applicant has good reason for holding the licence or permit;
(f) whether the applicant can be trusted to deal with explo- sives in the manner authorised by the licence or permit

without danger to the public safety or the peace;

(g)	whether the applicant has adequate facilities for the safe keeping of explosives;
(h)	such other matters as the Chief Inspector may specify in the request.

(3) The Commissioner of Police shall, upon receiving a request made under subsection (2), investigate the application to which the request relates and furnish to the Chief Inspector a report in respect of the matter or matters the subject of the request.

5   Act No. 52, 1982.

Dangerous Goods {Amendment).

SCHEDULE 1—continued.

AMENDMENTS TO THE PRINCIPAL ACT—continued.

(5) Section 30 (1)—

Omit the subsection, insert instead:—

(1) A person shall not make a statement that is false or mis-

leading in a material particular—

(a) in an application made by him for the issue, renewal or

transfer of a licence or permit; or

(b)	to an inspector or a member of the police force in connec-
tion with an application made by him for the issue, renewal or transfer of a licence or permit.

(6) Section 31 (a)—

Before "fixture", insert "container,".

(7) Section 41 (1) (h)—

Omit "or vessel", insert instead ", vessel or container".

SCHEDULE 2.

(Sec. 5.)

FURTHER AMENDMENTS TO THE PRINCIPAL ACT.

(1) (a) Section 41 (1) ( d l ) —

After section 41 (1) (d), insert:—

(dl ) regulating or prohibiting the installation, alteration, connection and disconnection of containers, pipelines and any other equipment or things which are intended for use, are being used or have been used in connec- tion with dangerous goods;

Act No. 52, 1982. 6

Dangerous Goods (Amendment).

SCHEDULE 2—continued.

FURTHER AMENDMENTS TO THE PRINCIPAL ACT—continued.

(b) Section 41 (1) ( i )—

After "goods", insert "or of damage to any vehicle, vessel, con- tainer, pipeline or other equipment or thing while being used in connection with dangerous goods".

(2) Section 41 (3) (g)—

Omit "$500", insert instead "$2,000".