Dangerous Substances Act 2004 (ACT)
Dangerous Substances Act 2004
A2004-7
Republication No 55
Effective: 19 November 2025
Republication date: 19 November 2025
Last amendment made by A2025‑30
About this republication
The republished law
This is a republication of the Dangerous Substances Act 2004 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 19 November 2025. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 19 November 2025.
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 type="disc">
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 includes 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 ( 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 $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).
Dangerous Substances Act 2004
Contents
Page
Chapter 1 Preliminary
1 Name of Act 2
3 Dictionary 2
4 Notes 2
5Offences against Act—application of Criminal Code etc 3
Chapter 2 Important concepts
Part 2.1 Operation of Act
6 Purpose of Act 4
7 Exclusions from Act 4
8 Relationship of Act to other laws 5
8ARelationship of Act to WHS Act 6
9 Relationship of regulations to approved codes of practice and incorporated documents 7
Part 2.2 Important terms
10 Meaning of dangerous substance 8
10A Meaning of security sensitive substance 8
11 Handle a dangerous substance 9
12 Non-commercial handling of a dangerous substance 9
13 Correctly classified for a dangerous substance 10
14 Correctly for packed, stored, labelled and placarded 10
15 Meaning of hazard and risk 11
16 Reasonable steps for a risk 12
17 Person in control for premises, plant etc 12
18 Responsible person for a dangerous substance 13
19 What is a safety management system 14
Part 2.3 Complying with Act
20 Person may have more than 1 duty under Act 17
21 Person not relieved of duty because someone else also has same duty 17
22 Incorporated documents and approved codes of practice may be considered 18
Chapter 3 Safety duties for dangerous substances
Part 3.1A Application—ch 3
22A Application 19
Part 3.1 Safety duties
Division 3.1.1 General safety duty of everyone
23 General safety duty of everyone involved in handling dangerous substances anywhere 20
Division 3.1.2 Handling of dangerous substances in trade or commerce
24 Application of div 3.1.2 20
25 Safety management system required for certain people in control of handling dangerous substances 21
26 Particular safety duties of manufacturers 21
27 Particular safety duties of importers 22
28 Particular safety duties of suppliers 23
Division 3.1.3 Premises where dangerous substances are handled in trade or commerce
29 Application of div 3.1.3 24
30 Safety duties of everyone at premises 24
31 Safety duties of people in control of premises 25
Division 3.1.4 Plant and systems for handling dangerous substances for trade or commerce
32 Application of div 3.1.4 27
33 General safety duties for plant and systems 27
34 Safety duties of people in control of plant and systems 28
35 Safety duties of people in control of design, manufacture, import and supply of plant and systems 30
36 Safety duties of people in control of installation of plant and systems 31
Division 3.1.5 Reporting of dangerous occurrences
37 Application of div 3.1.5 32
38 Meaning of dangerous occurrence 32
39 Person in control of premises—safety duty to report actual or likely dangerous occurrences 33
Division 3.1.6 Miscellaneous
40 Safety duties do not limit each other 34
Part 3.2 Failure to comply with safety duties
41 Meaning of safety duty for pt 3.2 35
42 Failure to comply with safety duty—general offence 36
43 Failure to comply with safety duty—exposing people to substantial risk of death or serious harm 36
44 Failure to comply with safety duty—causing death or serious harm to people 37
45 Failure to comply with safety duty—exposing property or environment to substantial risk of substantial damage 37
46 Failure to comply with safety duty—causing substantial damage to property or environment 38
47 Alternative verdicts for failure to comply with safety duties 39
Chapter 3AAsbestos
Part 3A.1 Preliminary
47I Definitions—ch 3A 41
47J Meaning of asbestos contamination report and current asbestos contamination report 42
47K Meaning of asbestos assessment report 43
Part 3A.2 Asbestos—assessments and register etc
47L Duty to publish educational material 44
47M Asbestos advice 44
47N Requirement to give asbestos assessment report 44
47O Requirements—affected residential premises 45
47P Affected residential premises register 46
47Q Notice of affected residential premises to registrar‑general 48
Part 3A.3 Occupancy prohibition
47R Definitions—pt 3A.3 49
47S Meaning of occupancy prohibition 49
47T Meaning of approved occupant 49
47U Occupancy prohibition—affected residential premises 50
47V Owner must notify regulator of approved occupants 51
Chapter 4 Licences for dangerous substances
Part 4.1 General—licences
48 Meaning of close associate for ch 4 52
49 Working out whether person is a suitable person 53
50 Applications for licences etc to comply with Act 55
51 Power to ask for information from applicants, licensees and others 56
Part 4.2 Issue, amendment, replacement and surrender of licences
52 Licence application and decision 59
53 Licence conditions 59
54 Term of licence 60
55 Licence not transferable 60
56 Form of licence 60
57 Licensee to keep work health and safety commissioner informed 61
58 Licence—application to amend by licensee 62
59 Licence—imposition etc of conditions on work health and safety commissioner’s initiative 63
60 Replacement of licence 64
61 Surrender of licence 64
62 Work health and safety commissioner may ask for information etc from licensee 65
Part 4.3 Offences relating to licences
63 Failure to comply with conditions of licence 66
64 Return of amended, suspended or cancelled licences 66
65 Pretending to hold licence 67
66 Offence to allow someone else to use licence 67
Part 4.4 Disciplinary action
67 Grounds for disciplinary action 68
68 Taking disciplinary action 68
69 Immediate suspension of licence 70
70 Effect of suspension of licence 71
71 Action by work health and safety commissioner in relation to amended, suspended or cancelled licence 72
72 Publication of disciplinary decision by work health and safety commissioner 72
Chapter 5 Other serious offences
Part 5.1 Prohibited and controlled dangerous substances
73 Definitions for ch 5 75
74 Unauthorised manufacture of certain dangerous substances 75
75 Unauthorised import of certain dangerous substances 76
76 Unauthorised supply of certain dangerous substances 76
77 Unauthorised possession of certain dangerous substances 78
78 Unauthorised storage of certain dangerous substances 78
79 Unauthorised use of certain dangerous substances 79
80 Unauthorised carrying of certain dangerous substances 79
81 Unauthorised disposal of dangerous substances, plant and systems 80
82 Unauthorised handling of dangerous substances generally 80
83 Handling of certain dangerous substances to be notified 81
84 Certain premises, plant or systems to be registered etc 81
Part 5.2 Preservation of site of dangerous occurrence
85 Definitions for pt 5.2 83
86 Person in control of premises to preserve site of dangerous occurrence 84
87 Unauthorised disturbance or interference with site of dangerous occurrence 84
Chapter 6 Compliance measures
Part 6.1 Information and documents
88 Work health and safety commissioner may require answers to questions and production of documents 85
89 Compliance with notice to produce 86
90 Failure to attend before work health and safety commissioner or produce documents 87
91 Attendance before work health and safety commissioner—offences 87
92 Privileges against self-incrimination and exposure to civil penalty 88
Part 6.2 Compliance agreements
93 Meaning of relevant responsible person for pt 6.2 90
94 Inspector may seek compliance agreement 90
95 Term of compliance agreement 91
96 Compliance agreement not admission of fault etc 92
97 Notification and display of compliance agreements 92
98 Compliance agreement not to be removed etc 93
Part 6.3 Improvement notices
99 Meaning of relevant responsible person for pt 6.3 94
100 Giving improvement notices 94
101 Contents of improvement notices 94
102 Extension of time for compliance with improvement notices 95
103 Notification and display of improvement notices 96
104 Improvement notice not to be removed etc 96
105 Scope of improvement notices 97
106 Revocation of improvement notice on compliance 97
107 Contravention of improvement notices 98
Part 6.4 Prohibition notices
108 Definitions for pt 6.4 99
109 Giving prohibition notices 99
110 Contents of prohibition notices 100
111 Extension of time for inspection etc 101
112 Notification and display of prohibition notices 102
113 Prohibition notice not to be removed etc 102
114 Scope of prohibition notices 103
115 Ending of prohibition notices for contravention of Act etc 103
116 Request for reinspection 103
117 Revocation on reinspection 104
118 Ending of prohibition notices given for inspection etc 104
119 Contravention of prohibition notices 105
120 Request for compensation for prohibition notice 105
121 Compensation for prohibition notice 105
Part 6.5 Enforceable undertakings
122 Definitions for pt 6.5 107
123 Making of safety undertakings 107
124 Acceptance of safety undertaking 108
125 Withdrawal from or amendment of enforceable undertaking 108
126 Term of enforceable undertaking 109
127 Safety undertaking not admission of fault etc 109
128 Contravention of enforceable undertakings 110
Part 6.6 Injunctions
129 Injunctions to restrain offences against Act 111
130 Enforcement of injunctions 112
131 Amendment or discharge of injunctions 112
132 Interim injunctions—undertakings about damages 112
133 Magistrates Court’s other powers not limited 113
Part 6.7 Taking and analysis of samples
134 Inspector may buy samples without complying with pt 6.7 114
135 Person in charge etc to be told sample to be analysed 114
136 Payment for samples 114
137 Samples from packaged substances 115
138 Procedures for dividing samples 115
139 Exception to s 138 116
140 Certificates of analysis by authorised analysts 116
Chapter 7 Enforcement powers
Part 7.1 General
141 Definitions for ch 7 117
Part 7.2 General powers of inspectors
142 General power to enter premises 118
143 Production of identity card 120
144 Consent to entry 120
145 General powers of inspectors—premises 121
146 General powers of inspectors for public places 123
147 Contravention of requirement by inspector 124
148 Power to take action to prevent etc imminent risk 124
149 Report about action under s 148 125
150 Recovery of Territory’s costs for action under s 148 125
151 Power of entry etc in relation to dangerous occurrences 126
152 Power to seize things 127
153 Action in relation to thing seized 128
154 Power to destroy unsafe things 129
155 Power to require name and address 130
156 Inspector’s power to require production of licence 131
Part 7.3 Search warrants
157 Warrants generally 132
158 Warrants—application made other than in person 133
159 Search warrants—announcement before entry 134
160 Details of search warrant to be given to person in charge etc 135
161 Person in charge entitled to be present during search etc 135
162 Moving things to another place for examination or processing 136
163 Use of electronic equipment at premises 137
164 Person with knowledge of computer or computer system to assist access etc 138
165 Securing electronic equipment 139
166 Copies of seized things to be provided 141
Part 7.4 Return and forfeiture of things seized
167 Receipt for things seized 142
168 Access to things seized 142
169 Return of things seized 143
170 Application for order disallowing seizure 145
171 Order for return of seized thing 145
172 Adjournment pending hearing of other proceedings 146
173 Forfeiture of seized things 146
174 Return of forfeited things 147
175 Cost of disposal of things forfeited 148
Part 7.5 Other enforcement provisions
176 Damage etc to be minimised 149
177 Compensation to be paid in certain circumstances 149
Chapter 8 Emergency powers
178 Meaning of recall order for ch 8 151
179 Emergency orders 151
180 Nature of emergency orders 151
181 Special provisions for recall orders 152
182 How emergency orders are made 153
183 Stay or variation of emergency orders by Supreme Court 154
184 Failure to comply with emergency order 154
185 Compensation for emergency order 155
Chapter 9 Notification and review of decisions
186 Definitions—ch 9 157
186A Internal review notices 158
187 Applications for internal review 158
187A Applications not stay internally reviewable decisions 159
188 Internal reviewer 159
189 Review by internal reviewer 159
190 Reviewable decision notices 160
191 Applications for review 160
Chapter 10Procedural and evidentiary provisions
Part 10.1 General provisions about offences against Act
192 Acts and omissions of representatives 161
193 Criminal liability of corporation officers 162
194 No defence to claim deterioration of sample 164
195 Remedial orders by courts for offences 164
196 Court-directed publicity for offences 164
197 Publication by work health and safety commissioner of convictions etc 165
198 Court may order costs and expenses 167
199 Court may order forfeiture 167
200 Notices of noncompliance by territory entities 167
Part 10.2 Evidentiary provisions
201 Presumptions 169
202 Certificate evidence etc 169
203 Evidence of analysts 171
204 Admissibility of analysis of sample taken by inspector 171
205 Power of court to order further analysis 172
Chapter 11 Administration
206 Inspection of incorporated documents 173
207 Inspectors 173
208 Identity cards 173
209 Functions of inspectors 174
210 Appointment of authorised analysts 174
211 Secrecy 174
212 Protection from liability 176
Chapter 12 Regulations about dangerous substances
213 Regulations may apply etc instruments 177
214 Scheme for explosives to be prescribed 177
215 Regulations about licences 178
216 Regulations about dangerous substances generally 179
217 Regulations may exempt people, plant or premises from Act 182
Chapter 13 Miscellaneous
218 Minister may exempt people, plant, premises or dangerous substances from Act 183
219 Codes of practice 183
221 Determination of fees 184
222 Approved forms 184
223 Regulation-making power 184
Dictionary185
Endnotes
1 About the endnotes 195
2 Abbreviation key 195
3 Legislation history 196
4 Amendment history 204
5 Earlier republications 217
6 Expired transitional or validating provisions 221
Dangerous Substances Act 2004
An Act about dangerous substances, and for other purposes
Chapter 1Preliminary
Name of Act
This Act is the Dangerous Substances Act 2004.
Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere.
For example, the signpost definition ‘infringement notice—see the Magistrates Court Act 1930, section 117.’ means that the term ‘infringement notice’ is defined in that section and the definition applies to this Act.
Note 2A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
Notes
A note included in this Act is explanatory and is not part of this Act.
NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
Offences against Act—application of Criminal Code etc
Other legislation applies in relation to offences against this Act.
Note 1Criminal Code
The Criminal Code, ch 2 applies to all offences against this Act (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 2Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.
Chapter 2Important concepts
Part 2.1Operation of Act
Purpose of Act
(1)The purpose of this Act is to protect the health and safety of people, and to protect property and the environment from damage, from the hazards associated with dangerous substances.
(2)The purpose of this Act includes the following:
(a)to eliminate the hazards associated with dangerous substances;
(b)if it is not reasonably practicable to eliminate the hazards—to minimise as far as reasonably practicable the risks resulting from the hazards by, for example—
(i)ensuring that the hazards are identified and the risks are assessed and controlled; and
(ii)requiring information and training about the hazards and the safe handling of the substances to be made available to people handling the substances;
(c)to allocate responsibilities to people in relation to dangerous substances;
(d)to regulate dangerous substances, including by providing for authorisation, licensing, notification and registration schemes for dangerous substances.
Exclusions from Act
(1)This Act does not apply to the following:
(a)the transmission, distribution and use of natural gas to which the Gas Safety Act 2000 or Utilities Act 2000 applies;
(b)the transmission, distribution and use of LPG to which the Gas Safety Act 2000 applies;
(c)ammunition under the Firearms Act 1996, other than the manufacture or transport of ammunition;
(d)an infectious substance under the Clinical Waste Act 1990;
(e)radioactive material under the Radiation Protection Act 2006;
(f)anything else prescribed by regulation.
(2)In this section:
LPG—see the Gas Safety Act 2000, dictionary, definition of gas, paragraph (b).
Relationship of Act to other laws
(1)The duties under this Act in relation to dangerous substances are in addition to duties in relation to them under any other law in force in the ACT.
Note 1A reference to an Act includes a reference to statutory instruments made or in force under the Act, including any regulation and any law or instrument applied, adopted or incorporated by the Act (see Legislation Act, s 104).
Note 2Other legislation in force in the ACT relating to dangerous substances includes the following:
· Dangerous Goods (Road Transport) Act 2009
· Emergencies Act 2004
· Environment Protection Act 1997
· Medicines, Poisons and Therapeutic Goods Act 2008
· Work Health and Safety Act 2011.
Note 3See the Emergencies Act 2004 for provisions relating to hazardous materials incidents (which may include dangerous occurrences).
Note 4See 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.
(2)A duty or power under another territory law, other than the WHS Act, in relation to a dangerous substance has no effect to the extent that it is inconsistent with a duty under this Act in relation to the substance.
(3)However, a duty or power under another territory law, other than the WHS Act, in relation to a dangerous substance must not be taken to be inconsistent with a duty under this Act to the extent that they can operate concurrently.
8ARelationship of Act to WHS Act
(1)A person is taken to have complied with a duty under this Act in relation to a substance, thing or circumstance if the person—
(a)has a corresponding duty under the WHS Act in relation to the substance, thing or circumstance; and
(b)has complied with the duty under the WHS Act.
(2)A duty or power under this Act in relation to a dangerous substance has no effect to the extent that it is inconsistent with a duty under the WHS Act in relation to the substance.
(3)However, a duty or power under this Act in relation to a dangerous substance must not be taken to be inconsistent with a duty under the WHS Act to the extent that they can operate concurrently.
Relationship of regulations to approved codes of practice and incorporated documents
(1)An approved code of practice or incorporated document has no effect to the extent that it is inconsistent with a regulation.
(2)However, an approved code of practice or incorporated document must not be taken to be inconsistent with a regulation to the extent that it can operate concurrently.
Part 2.2Important terms
Meaning of dangerous substance
(1)In this Act:
dangerous substance means a substance that is—
(a)classified—
(i)as an explosive under the Australian Explosives Code; or
(ii)in class 1 (Explosives) under the ADG Code; or
(b)asbestos; or
(c)a security sensitive substance; or
(d)prescribed by regulation to be a dangerous substance; or
(e)declared under subsection (2) to be a dangerous substance.
NoteAsbestos is also dealt with under the Work Health and Safety Act 2011. See s 8 and s 8A for how these Acts interact.
(2)The Minister may declare a substance to be a dangerous substance.
(3)A declaration under subsection (2) is a disallowable instrument.
NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
10AMeaning of security sensitive substance
(1)In this Act:
security sensitive substance means a substance that is—
(a)prescribed by regulation to be a security sensitive substance; or
(b)declared under subsection (2) to be a security sensitive substance.
(2)The Minister may declare a substance (other than an explosive) to be a security sensitive substance.
(3)A declaration under subsection (2) is a disallowable instrument.
NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
Handle a dangerous substance
For this Act, handle a dangerous substance includes the following:
(a)import or export the substance;
(b)manufacture, process or treat the substance;
(c)supply, receive or dispense the substance;
(d)mark or label an article, container or package of the substance, or placard or put up signs in relation to the substance;
(e)pack, consign or carry the substance;
(f)store the substance;
(g)possess, or otherwise have custody or control of, the substance;
(h)use the substance;
(i)dispose of the substance or render it harmless.
Examples for par (d)
1 label a container of a dangerous substance in accordance with the ADG Code
2 put up warning signs around a factory about hazards associated with a dangerous substance used at the factory
3 attach a placard to a building that includes the hazchem code under the ADG Code for a dangerous substance stored at the building
Non-commercial handling of a dangerous substance
For this Act, the handling of a dangerous substance is non-commercial if the handling does not take place in the course of trade or commerce.
Correctly classified for a dangerous substance
(1)For this Act, a dangerous substance is correctly classified if—
(a)if a regulation applies to the classification of the substance—the substance is classified in accordance with the regulation; or
(b)if a declaration under subsection (2) applies to the classification of the substance—the substance is classified in accordance with the declaration; or
(c)in any other case—the substance is classified in accordance with an incorporated document applying to the classification of the substance.
NoteAn incorporated document has no effect to the extent that it is inconsistent with a regulation (see s 9 (1)).
(2)The Minister may declare—
(a)that a dangerous substance belongs, or does not belong, to a stated classification (however described) of dangerous substances; or
(b)a method for classifying a stated dangerous substance.
(3)A declaration under subsection (2) has no effect to the extent that it is inconsistent with a regulation.
(4)A declaration under subsection (2) is a disallowable instrument.
NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
Correctly for packed, stored, labelled and placarded
(1)For this Act, a dangerous substance is correctly packed or stored if—
(a)if a regulation applies to the packing or storage of the substance—the substance is packed or stored in accordance with the regulation; or
(b)if an incorporated document applies to the packing or storage of the substance—the substance is packed or stored in accordance with the incorporated document; or
(c)in any other case—the substance is packed or stored in a way that eliminates the hazards associated with the substance or, if this is not reasonably practicable, minimises the risks resulting from the hazards as far as is reasonably practicable.
NoteAn incorporated document has no effect to the extent that it is inconsistent with a regulation (see s 9 (1)).
(2)For this Act, a dangerous substance is correctly labelled or placarded if—
(a)if a regulation applies to the labelling or placarding of the substance—the substance is labelled or placarded in accordance with the regulation; or
(b)in any other case—the substance is labelled or placarded in accordance with an incorporated document (if any) applying to the labelling or placarding of the substance.
(3)In this section:
dangerous substance includes a container or package containing a dangerous substance.
Meaning of hazard and risk
(1)For this Act, a hazard is a thing (including an intrinsic property of a thing), or a situation, with potential to—
(a)cause the death of or harm to a person; or
(b)damage property or the environment.
(2)For this Act, a risk is the likelihood of death or harm to a person, or damage to property or the environment, from a hazard.
Reasonable steps for a risk
(1)A regulation may prescribe what are, or are not, reasonable steps in relation to a risk.
(2)However, if a regulation does not prescribe what are, or are not reasonable steps in relation to a risk, all of the following must be considered in working out whether reasonable steps have been taken to minimise the risk:
(a)the seriousness of the risk;
(b)the current state of knowledge about—
(i)the hazard giving rise to the risk and the risk itself; and
(ii)any ways of eliminating the hazard or minimising the risk;
(c)the availability and suitability of ways to eliminate the hazard or minimise the risk;
(d)the cost of eliminating the hazard or minimising the risk;
(e)anything else prescribed by regulation.
Person in control for premises, plant etc
(1)For this Act, a person in control is—
(a)for the handling of a dangerous substance—anyone who has control of the handling of the substance (including anyone with authority to make decisions about the handling of the substance); or
(b)for premises—anyone who has control of the premises (including anyone with authority to make decisions about the management of the premises); or
(c)for plant or a system for handling a dangerous substance—anyone who has control of the plant or system or the operation of the plant or system (including anyone with authority to make decisions about the plant or system or the operation of the plant or system); or
(d)for the design, manufacture, import or supply of plant or a system for handling a dangerous substance—anyone who has control of the design, manufacture, import or supply of the plant or system (including anyone with authority to make decisions about the design, manufacture, import or supply); or
(e)anyone else prescribed by regulation.
NotePlant includes a building or other structure (see dict).
(2)To remove any doubt, more than 1 person may be a person in control for a duty under this Act.
Responsible person for a dangerous substance
(1)For this Act, a person is a responsible person for a dangerous substance if the person is—
(a)a person in control of the handling of the substance; or
(b)a person in control of premises where the substance is handled; or
(c)a person in control of plant or a system for handling the substance.
(2)To remove any doubt, more than 1 person may be a responsible person for a duty under this Act.
What is a safety management system
(1)A safety management system for handling a dangerous substance is a system that does each of the following:
(a)identifies the hazards associated with the substance, having regard to the current state of knowledge about the hazards;
(b)identifies and assesses the risks resulting from the identified hazards, having regard to the current state of knowledge about the risks;
(c)controls the risks by eliminating the hazards or, if this is not reasonably practicable, minimising the risks as far as reasonably practicable;
(d)provides for how compliance with the system is to be documented;
(e)complies with any requirement prescribed by regulation (either in addition to or instead of a requirement mentioned in paragraphs (a) to (d)).
Example for par (e)
A regulation may provide that a supplier of a stated dangerous substance may identify the hazards associated with the substance, and identify and assess the risks resulting from the hazards, by reviewing the safety information supplied by the substance’s manufacturer under section 26 (1) (e) instead of complying with subsections (2) and (3).
(2)For subsection (1) (a), the matters that must be considered in identifying the hazards include, for example—
(a)the chemical and physical properties of the dangerous substance; and
(b)any chemical and physical reactions that may happen if the substance comes into contact with other substances; and
(c)the premises, plant and systems for handling the substance; and
(d)anything else prescribed by regulation for this subsection.
Examples for par (c)
1 access to the premises or plant at the premises, including access by members of the public
2 the design, physical location and arrangement of areas and plant
3 the characteristics of the materials used in plant
4 activities, systems of work and non-dangerous substances that could interact with the substance
NotePlant includes a building or other structure (see dict).
(3)For subsection (1) (b), the matters that must be considered in identifying and assessing the risks include, for example—
(a)the matters mentioned in subsection (2); and
(b)the consequences, at premises where the dangerous substance is to be handled and elsewhere, of incidents that may happen because of the handling of the substance at the premises; and
(c)anything else prescribed by regulation for this subsection.
(4)For subsection (1) (c), the matters that must be considered in controlling the risks include, for example—
(a)implementing, operating, maintaining and repairing systems to ensure the dangerous substance is handled safely; and
(b)allocating responsibilities to people involved in the handling of the substance to ensure the substance is handled safely; and
(c)appropriately inducting or supervising people handling the substance; and
(d)giving appropriate information, education and training to people handling the substance about the hazards associated with the substance, and the risks resulting from them; and
(e)anything else prescribed by regulation.
Examples of systems for par (a)
1 safe systems of work and safe handling systems
2 security systems for premises where the substance is manufactured or stored
3 a system to identify and rectify any incidents of noncompliance (including minimising any risks resulting from the noncompliance) with the safety management system
Part 2.3Complying with Act
Person may have more than 1 duty under Act
To remove any doubt, a person may be subject to more than 1 duty under this Act.
Example
A supplier of a dangerous substance must comply with the general safety duty applying to everyone handling a dangerous substance (see s 23) and with the supplier’s particular duties under section (2).
If the supplier is a person in control of premises, the supplier must also comply with the safety duties of a person in control of premises (see s 31).
NoteA reference to an Act includes a reference to statutory instruments made or in force under the Act, any regulation and any law or instrument applied, adopted or incorporated by the Act (see Legislation Act, s 104).
Person not relieved of duty because someone else also has same duty
(1)This section applies if 2 or more people have the same duty under this Act.
(2)To remove any doubt, each person must comply with the duty whether or not someone else may also be required to comply with the duty.
(3)However, if this Act requires or allows them to do something, it is sufficient if 1 of them does the thing.
Example
If 2 people are in control of premises where a dangerous substance is handled, it is sufficient if 1 of them prepares the safety management system required under section 31 (1). However, if the safety management system is not prepared, each of them is responsible for the failure to comply with the duty to ensure that the safety management system is prepared.
Incorporated documents and approved codes of practice may be considered
An incorporated document or approved code of practice applying to a duty under this Act may be considered in deciding whether a person has complied with the duty.
Chapter 3Safety duties for dangerous substances
Part 3.1AApplication—ch 3
22AApplication
This chapter does not apply to asbestos or security sensitive substances.
NoteOther duties may apply under the Work Health and Safety Act 2011.
Part 3.1Safety duties
Division 3.1.1 General safety duty of everyone
General safety duty of everyone involved in handling dangerous substances anywhere
(1)Everyone involved in handling a dangerous substance must take all reasonable steps to minimise the risks resulting from handling the substance.
Note 1A failure to comply with this section may be an offence (see pt 3.2).
Note 2Handling a dangerous substance includes importing, manufacturing, storing, supplying, possessing, receiving or using the substance (see s 11).
(2)To remove any doubt, this section applies to the handling of a dangerous substance whether or not the handling is a non-commercial handling of the substance.
NoteFor the meaning of non-commercial, see s 12.
Division 3.1.2 Handling of dangerous substances in trade or commerce
Application of div 3.1.2
This division does not apply in relation to the non-commercial handling of a dangerous substance.
NoteFor the meaning of non-commercial, see s 12.
Safety management system required for certain people in control of handling dangerous substances
(1)This section applies to a person in control of—
(a)the manufacture, import or supply of a dangerous substance; or
(b)any other handling of a dangerous substance prescribed by regulation.
(2)The person must—
(a)ensure that a safety management system for handling the dangerous substance is prepared and documented; and
(b)take all reasonable steps to ensure that—
(i)the safety management system is implemented and kept up to date; and
(ii)everyone to whom the safety management system applies complies with their duties under the system; and
(iii)people’s compliance with their duties under the safety management system is documented under the system.
Note 1A failure to comply with this section may be an offence (see pt 3.2).
Note 2A person in control of premises is also required to have a safety management system for the handling of dangerous substances at the premises (see s 31).
Particular safety duties of manufacturers
(1)A person in control of the manufacture of a dangerous substance must—
(a)ensure that the substance is correctly classified as soon as practicable after its manufacture, but before it is supplied to anyone after its manufacture; and
(b)take all reasonable steps to ensure that the substance is in a condition that is safe for handling by anyone after its manufacture; and
(c)if the substance is packed by the manufacturer—ensure that the substance is correctly packed and labelled before the manufacturer supplies it to anyone; and
(d)if the substance is stored by the manufacturer—ensure that the manufacturer correctly stores and placards the substance; and
(e)ensure that the safety information prescribed by regulation for the substance is prepared, kept up to date and supplied in accordance with the regulations.
NoteA failure to comply with this section may be an offence (see pt 3.2).
(2)Subsection (1) (c) does not require the dangerous substance to be labelled if the substance is not required to be labelled by regulation or an incorporated document.
(3)Subsection (1) (d) does not require the dangerous substance to be placarded if the substance is not required to be placarded by regulation or an incorporated document.
Particular safety duties of importers
(1)A person in control of the import of a dangerous substance must—
(a)ensure that the substance is correctly classified before it is imported; and
(b)take all reasonable steps to ensure that the substance is in a condition that is safe for handling by anyone after its import; and
(c)if the substance is packed by the importer—ensure that the substance is correctly packed and labelled before the importer supplies it to anyone; and
(d)if the substance is stored by the importer—ensure that the importer correctly stores and placards the substance; and
(e)ensure that the safety information prescribed by regulation for the substance is prepared, kept up to date and supplied in accordance with the regulations.
Note 1A failure to comply with this section may be an offence (see pt 3.2).
Note 2Import means import into the ACT (see dict).
(2)Subsection (1) (c) does not require the dangerous substance to be labelled if the substance is not required to be labelled by regulation or an incorporated document.
(3)Subsection (1) (d) does not require the dangerous substance to be placarded if the substance is not required to be placarded by regulation or an incorporated document.
Particular safety duties of suppliers
(1)A person in control of the supply of a dangerous substance must—
(a)ensure that the substance is correctly classified before the supplier supplies it to anyone; and
(b)take all reasonable steps to ensure that the substance is in a condition that is safe for handling by anyone after the supplier supplies it; and
(c)ensure that the substance is correctly packed and labelled before the supplier supplies it to anyone; and
(d)if the substance is stored by the supplier—ensure that the supplier correctly stores and placards the substance; and
(e)ensure that the safety information prescribed by regulation for the substance is prepared, kept up to date, supplied and made available in accordance with the regulations.
NoteA failure to comply with this section may be an offence (see pt 3.2).
(2)Subsection (1) (c) does not require the dangerous substance to be labelled if the substance is not required to be labelled by regulation or an incorporated document.
(3)Subsection (1) (d) does not require the dangerous substance to be placarded if the substance is not required to be placarded by regulation or an incorporated document.
Division 3.1.3 Premises where dangerous substances are handled in trade or commerce
Application of div 3.1.3
(1)This division does not apply in relation to the non-commercial handling of a dangerous substance at premises.
Note 1At premises includes in or on the premises (see dict).
Note 2For the meaning of non-commercial, see s 12.
(2)If the premises are residential premises, this division does not apply to the part of the premises used for the non-commercial handling of the substance.
NotePremises includes any part of an area of land or a structure or vehicle (see dict).
Safety duties of everyone at premises
(1)Everyone at premises where a dangerous substance is handled must take all reasonable steps to minimise the risks resulting from the handling of the substance at the premises.
Note 1A failure to comply with this section may be an offence (see pt 3.2).
Note 2At premises includes in or on the premises (see dict).
(2)A person at premises where a dangerous substance is handled must—
(a)comply with any requirement applying to the person under any safety management system for the handling of the substance at the premises; and
(b)comply with any instructions relating to the safe handling of the substance at the premises given to the person by a responsible person for the substance; and
(c)comply with, or otherwise act in accordance with, notices and signs (including placards and warning signs) at the premises relating to safety or the substance; and
(d)not remove, alter, damage, deface or cover any current label, notice, sign or placard at the premises relating to safety or the substance; and
(e)tell a responsible person for the substance about anything at the premises that the person believes is likely to cause a dangerous occurrence.
Examples of things that might be reported for par (e)
1 the misuse of the dangerous substance by someone
2 an accident in relation to the handling of the dangerous substance
3 faulty equipment used for handling the dangerous substance
4 someone not following the requirements of a safety management system
NoteFor the meaning of responsible person, see s 18.
Safety duties of people in control of premises
(1)A person in control of premises where a dangerous substance is handled must—
(a)ensure that a safety management system for handling the substance at the premises is prepared and documented; and
(b)take all reasonable steps to ensure that—
(i)the safety management system is implemented and kept up to date; and
(ii)everyone to whom the safety management system applies complies with their duties under the system; and
(iii)people’s compliance with their duties under the safety management system is documented under the system.
NoteA failure to comply with this section may be an offence (see pt 3.2).
(2)A person in control of premises where a dangerous substance is handled must take all reasonable steps to ensure that—
(a)the premises (including any plant or systems at the premises for handling the substance) are safe to handle the substance; and
(b)if the premises, or anything (including plant or equipment) at the premises, is to be disposed of—the premises or thing is, before its disposal, thoroughly cleaned so that it is free from the substance or is otherwise made safe; and
(c)if the premises, or anything (including plant or equipment) at the premises, is no longer to be used for handling the substance—the premises or thing is thoroughly cleaned so that it is free from the substance or is otherwise made safe.
Note 1Premises includes land or a structure or vehicle and any part of an area of land or a structure or vehicle and at premises includes in or on the premises (see dict).
Note 2For other provisions relevant to the decontamination of land, see the Environment Protection Act 1997.
Division 3.1.4 Plant and systems for handling dangerous substances for trade or commerce
Application of div 3.1.4
This division (other than section 33) does not apply in relation to plant or a system for the non-commercial handling of a dangerous substance.
NoteFor the meaning of non-commercial, see s 12.
General safety duties for plant and systems
(1)Everyone involved in the design, manufacture, import, supply, installation, commissioning, operation, maintenance, repair, decommissioning, dismantling or disposal of plant or a system for handling a dangerous substance must take all reasonable steps to minimise the risks resulting from the handling of the substance by the plant or system.
Note 1Plant includes a building or other structure (see dict).
Note 2A failure to comply with this section may be an offence (see pt 3.2).
(2)A person operating, maintaining or repairing the plant or system must tell a relevant person about—
(a)anything in relation to the plant or system that the person believes is likely to cause a dangerous occurrence; and
(b)anything else that the person believes is a defect in the plant or system.
(3)To remove any doubt, this section applies to all plant and systems for handling a dangerous substance, whether or not the handling is a non-commercial handling of the substance.
(4)In this section:
relevant person, for plant or a system, means—
(a)a person in control of the plant or system; or
(b)a person in control of the premises where the plant or system is located.
NoteFor the meaning of person in control, see s 17.
Safety duties of people in control of plant and systems
(1)A person in control of plant or a system for handling a dangerous substance must—
(a)ensure that a safety management system for the handling of the substance by the plant or system is prepared and documented; and
(b)take all reasonable steps to ensure that—
(i)the safety management system is implemented and kept up to date; and
(ii)everyone to whom the safety management system applies complies with their duties under the system; and
(iii)people’s compliance with their duties under the safety management system is documented under the system.
NoteA failure to comply with this section may be an offence (see pt 3.2).
(2)A person in control of plant or a system for handling a dangerous substance must—
(a)take all reasonable steps to ensure that the plant or system is safe to handle the substance; and
(b)take all reasonable steps to ensure that the plant or system is installed and operated safely, and appropriately maintained, repaired and tested; and
NoteFor requirements to provide information about the operation, maintenance and repair of plant or a system, see s 35 (1) (b) and s 36 (b).
(c)if the person becomes aware of a hazard or defect in relation to the plant or system—
(i)take all reasonable steps to ensure that the plant or system is operated, modified, maintained or repaired to eliminate the hazard, correct the defect or minimise the risks resulting from the hazard or defect; and
(ii)ensure that the supplier or manufacturer of the plant or system is told about the hazard or defect; and
(iii)if the person is not the owner of the plant or system—ensure that the owner of the plant or system is told about the hazard or defect and its significance; and
(d)if the plant or system, or a part of the plant or system, is to be disposed of—take all reasonable steps to ensure that the plant or system (or part) is, before its disposal, thoroughly cleaned so that it is free from the dangerous substance or is otherwise made safe; and
(e)if the plant or system, or a part of the plant or system, is no longer to be used to handle the dangerous substance—take all reasonable steps to ensure that the plant or system (or part) is thoroughly cleaned so that it is free from the substance or is otherwise made safe.
Safety duties of people in control of design, manufacture, import and supply of plant and systems
(1)A person in control of the design, manufacture, import or supply of plant or a system for handling a dangerous substance must—
(a)take all reasonable steps to ensure that the plant or a system is safe to handle the substance; and
(b)if the person is a person in control of the supply of the plant or system—take all reasonable steps to ensure that appropriate information about the safe installation, operation, maintenance and repair of the plant or system is given to—
(i)a person in control of the plant or system; and
(ii)if the person mentioned in subparagraph (i) is not the owner—the owner of the plant or system; and
(c)if the person (the appropriate person) becomes aware of a hazard or defect in relation to the plant or system—ensure that the designated person is told—
(i)about the hazard or defect and its significance; and
(ii)how the plant or system may be operated, modified, maintained or repaired to eliminate the hazard, correct the defect or minimise the risks resulting from the hazard or defect.
NoteA failure to comply with this section may be an offence (see pt 3.2).
(2)In this section:
designated person means—
(a)if the appropriate person is a person in control of the design or import of the plant or system—a person in control of the manufacture of the plant or system; or
(b)if the appropriate person is a person in control of the manufacture of the plant or system—a person in control of the design or import (if any) of the plant or system; or
(c)if the appropriate person is a person in control of the supply of the plant or system—
(i)a person in control of the manufacture or import (if any) of the plant or system; and
(ii)the person to whom the plant or system was supplied.
Safety duties of people in control of installation of plant and systems
A person in control of the installation of plant or a system to handle a dangerous substance must—
(a)take all reasonable steps to ensure that the plant or system is safe to handle the substance; and
(b)take all reasonable steps to ensure that appropriate information about the safe operation, maintenance and repair of the plant or system is given to—
(i)a person in control of the plant or system; and
(ii)if the person mentioned in subparagraph (i) is not the owner—the owner of the plant or system; and
(c)if the person becomes aware of a hazard or defect in relation to the plant or system—ensure that a person in control of the plant or system is told—
(i)about the hazard or defect and its significance; and
(ii)how the plant or system may be operated, modified, maintained or repaired to eliminate the hazard, correct the defect or minimise the risks resulting from the hazard or defect.
NoteA failure to comply with this section may be an offence (see pt 3.2).
Division 3.1.5 Reporting of dangerous occurrences
Application of div 3.1.5
(1)This division does not apply in relation to the non-commercial handling of a dangerous substance at premises.
Note 1At premises includes in or on the premises (see dict).
Note 2For the meaning of non-commercial, see s 12.
(2)If the premises are residential premises, this division does not apply to the part of the premises used for the non-commercial handling of the substance.
NotePremises includes any part of an area of land or a structure or vehicle (see dict).
Meaning of dangerous occurrence
In this Act:
dangerous occurrence means any of the following at premises used to handle a dangerous substance:
(a)an incident causing or creating a substantial risk of—
(i)death or serious harm to a person, whether at the premises or elsewhere; or
(ii)substantial damage to property or the environment, whether at the premises or elsewhere;
(b)anything declared by regulation to be a dangerous occurrence;
(c)any other incident involving a serious and immediate risk of anything mentioned in paragraph (a) or (b).
Examples of incidents
1 a spill or other loss of containment of a dangerous substance
2 an uncontrolled emission of a dangerous substance
3 a fire, explosion or release of energy
Person in control of premises—safety duty to report actual or likely dangerous occurrences
(1)If a person in control of premises believes there is a substantial likelihood of a dangerous occurrence happening at the premises, the person must—
(a)if the occurrence is likely to cause death or serious harm to a person or substantial damage to property or the environment—tell the work health and safety commissioner about the person’s belief immediately after the person forms the belief; and
(b)in any other case—tell the work health and safety commissioner about the person’s belief as soon as possible after the person forms the belief or, if a period is prescribed by regulation, within the prescribed period.
(2)A person in control of premises where a dangerous occurrence has happened must tell the work health and safety commissioner about the occurrence—
(a)if the occurrence causes death or serious harm to a person or substantial damage to property or the environment—immediately after the occurrence happens; and
(b)in any other case—as soon as possible after the occurrence happens or, if a period is prescribed by regulation, within the prescribed period.
NoteA failure to comply with this section may be an offence (see pt 3.2).
Division 3.1.6 Miscellaneous
Safety duties do not limit each other
To remove any doubt, a duty under a provision of this part does not limit the duties under another provision of this part.
NoteA person may be subject to more than 1 duty under this Act (see s 20).
Part 3.2Failure to comply with safety duties
Meaning of safety duty for pt 3.2
In this part:
safety duty means a duty under any of the following provisions:
· section 23 (General safety duty of everyone handling dangerous substances anywhere)
· section 25 (Safety management system required for certain people in control of handling dangerous substances)
· section 26 (Particular safety duties of manufacturers)
· section 27 (Particular safety duties of importers)
· section 28 (Particular safety duties of suppliers)
· section 30 (Safety duties of everyone at premises)
· section 31 (Safety duties of people in control of premises)
· section 33 (General safety duties for plant and systems)
· section 34 (Safety duties of people in control of plant and systems)
· section 35 (Safety duties of people in control of design, manufacture, import and supply of plant and systems)
· section 36 (Safety duties of people in control of installation of plant and systems)
· section 39 (Person in control of premises—safety duty to report actual or likely dangerous occurrences).
Failure to comply with safety duty—general offence
(1)A person commits an offence if—
(a)the person is required to comply with a safety duty; and
(b)the person fails to comply with the safety duty.
Maximum penalty: 100 penalty units.
(2)Absolute liability applies to subsection (1) (a).
(3)Strict liability applies to subsection (1) (b).
Failure to comply with safety duty—exposing people to substantial risk of death or serious harm
(1)A person commits an offence if—
(a)the person is required to comply with a safety duty; and
(b)the person fails to comply with the safety duty; and
(c)the failure exposes anyone to a substantial risk of death or serious harm; and
(d)the person either—
(i)was reckless about whether the failure would expose anyone to a substantial risk of death or serious harm; or
(ii)was negligent about whether the failure would expose anyone to a substantial risk of death or serious harm.
Maximum penalty: 1 500 penalty units, imprisonment for 5 years or both.
(2)Absolute liability applies to subsection (1) (a).
(3)Strict liability applies to subsection (1) (b).
Expired transitional or validating provisions
This Act may be affected by transitional or validating provisions that have expired. The expiry does not affect any continuing operation of the provisions (see Legislation Act 2001, s 88 (1)).
Expired provisions are removed from the republished law when the expiry takes effect and are listed in the amendment history using the abbreviation ‘exp’ followed by the date of the expiry.
To find the expired provisions see the version of this Act before the expiry took effect. The ACT legislation register has point-in-time versions of this Act.
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