Dangerous Substances (General) Regulation 2004 (ACT)
Dangerous Substances (General) Regulation 2004 (repealed)
SL2004-9
made under the
Dangerous Substances Act 2004
Republication No 8
Effective: 31 March 2005
Republication date: 31 March 2005
As repealed by SL2004-56 pt 6.4
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This is a republication of the Dangerous Substances (General) Regulation 2004 (repealed), made under the Dangerous Substances Act 2004, including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes).It also includes any commencement, amendment, repeal or expiry affecting the republished law to 31 March 2005.
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 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 or is affected by an uncommenced amendment, the symbol U appears immediately before the provision heading. The text of the uncommenced provision or amendment appears only in the last endnote.
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 Legislation Act 2001, section 95.
Penalties
The value of a penalty unit for an offence against this republished law at the republication date is—
(a)if the person charged is an individual—$100; or
(b)if the person charged is a corporation—$500.
Dangerous Substances (General) Regulation 2004 (repealed)
made under the
Dangerous Substances Act 2004
Contents
Page
Part 1Preliminary
Name of regulation 2
Dictionary 2
Notes 2
Offences against regulation—application of Criminal Code etc 3
Part 2Licences
Term of licence—Act, s 54 (2) 4
Part 3Asbestos and asbestos products
Division 3.1 Preliminary
Object of pt 3 5
Definitions for pt 3 5
Meaning of authorised activity and authorised activity condition for pt 3 6
When asbestos and asbestos product correctly packed—Act, s 14 (1) (a) 7
When asbestos and asbestos product correctly labelled—Act, s 14 (2) (a) 7
Division 3.2 Asbestos and asbestos products prohibited dangerous substances
Asbestos and asbestos products are prohibited dangerous substances—Act, s 73 7
Division 3.3 Authorised handling of asbestos and asbestos products
Authorised importation of asbestos and asbestos products—Act, s 75 (1) (b) 7
Authorised supply of asbestos and asbestos products—Act, s 76 (1) (b) and (3) (b) 9
Authorised possession of asbestos and asbestos products—Act, s 77 (1) (b) 10
Storage of asbestos and asbestos products—Act, s 78 (1) (a) 12
Authorised use of asbestos and asbestos products—Act, s 79 (1) (b) 12
Division 3.4 Chrysotile product exemptions
Applications for exemptions for chrysotile products 14
Decision on application for exemption 17
Conditions of exemptions 18
Term of exemption 19
Exemption not transferable 19
Form of exemption 19
Operation of an exemption 19
Amendment of exemption on application of exemption-holder 20
Cancellation of exemption or imposition etc of conditions on chief executive’s initiative 21
Continuation of exemptions under former regulations 22
Expiry of div 3.4 22
Part 4Administrative review of decisions
Reviewable decisions—Act, s 186 (b) 24
Notice of reviewable decisions—Act, s 187 (1) 24
Internally reviewable decisions—Act, s 188 (1) 24
Schedule 1Reviewable decisions 25
Part 1.1Chief executive—reviewable decisions under Act 25
Part 1.2Inspectors—internally reviewable decisions under Act 28
Part 1.3Chief executive—reviewable decisions under this regulation 30
Dictionary31
Endnotes
About the endnotes 33
Abbreviation key 33
Legislation history 34
Amendment history 34
Earlier republications 35
Dangerous Substances (General) Regulation 2004 (repealed)
made under the
Dangerous Substances Act 2004
Part 1Preliminary
Name of regulation
This regulation is the Dangerous Substances (General) Regulation 2004.
Dictionary
The dictionary at the end of this regulation is part of this regulation.
Note 1The dictionary at the end of this regulation defines certain terms used in this regulation, and includes references (signpost definitions) to other terms defined elsewhere in this regulation.
For example, the signpost definition ‘asbestos, for part 3 (Asbestos and asbestos products)—see section 151.’ means that the term ‘asbestos’ is defined in that section for part 3.
Note 2A 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)).
Notes
A note included in this regulation is explanatory and is not part of this regulation.
NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
Offences against regulation—application of Criminal Code etc
Other legislation applies in relation to offences against this regulation.
Note 1Criminal 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 2Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.
Part 2Licences
Term of licence—Act, s 54 (2)
(1)This section applies to a licence issued before 1 July 2005.
(2)The licence may not be issued for longer than 1 year.
(3)This part expires on 1 July 2005.
Part 3Asbestos and asbestos products
Division 3.1 Preliminary
Object of pt 3
The object of this part is to protect people against the risk of asbestos-related disease resulting from exposure to airborne asbestos fibres.
Definitions for pt 3
In this part:
asbestos means the fibrous form of the mineral silicates belonging to the serpentine and amphibole groups of rock-forming minerals, including the following:
(a)actinolite;
(b)amosite (brown asbestos);
(c)anthophyllite;
(d)chrysotile (white asbestos);
(e)crocidolite (blue asbestos);
(f)tremolite.
asbestos product means anything that contains asbestos.
authorised activity, for asbestos or an asbestos product—see section 152 (1).
authorised activity condition, for an authorised activity for asbestos or an asbestos product—see section 152 (2).
chrysotile product means chrysotile and anything that contains chrysotile.
correctly labelled, for asbestos or an asbestos product—see section 154.
correctly packed, for asbestos or an asbestos product—see section 153.
exemption means an exemption under section 162.
Meaning of authorised activity and authorised activity condition for pt 3
(1)For this part, each of the following is an authorised activity for asbestos or an asbestos product:
(a)genuine scientific research in relation to the asbestos or asbestos product;
(b)the sampling of a substance for identifying the kind or quantities of ingredients in the substance;
(c)carrying out demonstrations, education or practical training in relation to the asbestos or asbestos product.
(2)For this part, each of the following is an authorised activity condition for an authorised activity for asbestos or an asbestos product:
(a)the asbestos or asbestos product must be the minimum quantity practicable for the activity;
(b)the asbestos or asbestos product must be correctly packed and labelled;
(c)the asbestos or asbestos product must be used in a way that minimises the possibility of the release into the environment of airborne asbestos fibres.
When asbestos and asbestos product correctly packed—Act, s 14 (1) (a)
Asbestos or an asbestos product is correctly packed if it is packed in a way that minimises the possibility of the release into the environment of airborne asbestos fibres.
When asbestos and asbestos product correctly labelled—Act, s 14 (2) (a)
Asbestos or an asbestos product is correctly labelled if the package in which it is packed is clearly labelled to identify that the package contains asbestos or an asbestos product.
Division 3.2 Asbestos and asbestos products prohibited dangerous substances
Asbestos and asbestos products are prohibited dangerous substances—Act, s 73
Asbestos and asbestos products are prohibited dangerous substances.
NoteSee the Act, s 73, def prohibited dangerous substance, par (b).
Division 3.3 Authorised handling of asbestos and asbestos products
Note 1The manufacture of asbestos products is prohibited except in certain circumstances (see Act, s 74 (1)).
Note 2The transport of asbestos and asbestos products is regulated by the Road Transport Reform (Dangerous Goods) Act 1995 (Cwlth).
Authorised importation of asbestos and asbestos products—Act, s 75 (1) (b)
(1)A person is authorised to import asbestos or an asbestos product (including a chrysotile product) if—
(a)the asbestos or asbestos product is in plant or a vehicle imported by the person; and
NotePlant includes machinery and equipment and a building or other structure (see Act, dict).
(b)the asbestos or asbestos product is fixed in place; and
(c)the asbestos or asbestos product was fixed in place before 31 December 2003; and
(d)the asbestos or asbestos product is fixed in a way that does not cause a risk unless it is disturbed.
NoteImport means import into the ACT (see Act, dict).
(2)A person is authorised to import asbestos or an asbestos product (including a chrysotile product) if—
(a)the person imports the asbestos or asbestos product for an authorised activity; and
(b)the person complies with the authorised activity conditions for the authorised activity.
(3)A person is authorised to import asbestos (including chrysotile) if the person imports the asbestos in its natural form in minimal quantities in another mineral and the presence of the asbestos is incidental to the purpose of disturbing or extracting the other mineral.
(4)A person is authorised to import a chrysotile product if—
(a)the person imports the chrysotile product under an exemption; and
(b)the person complies with the exemption (including any conditions to which the exemption is subject); and
(c)the chrysotile product is correctly packed and labelled.
(5)This subsection and the following provisions expire on 31 December 2007:
· the words ‘(including a chrysotile product)’ in subsections (1) and (2)
· the words ‘(including chrysotile)’ in subsection (3)
· subsection (4).
Authorised supply of asbestos and asbestos products—Act, s 76 (1) (b) and (3) (b)
(1)A person is authorised to supply asbestos or an asbestos product (including a chrysotile product) to someone else if—
(a)the asbestos or asbestos product is in plant or a vehicle supplied by the person to the other person; and
NotePlant includes machinery and equipment and a building or other structure (see Act, dict).
(b)the asbestos or asbestos product is fixed in place; and
(c)the asbestos or asbestos product was fixed in place before 31 December 2003; and
(d)the asbestos or asbestos product is fixed in a way that does not cause a risk unless it is disturbed.
(2)A person is authorised to supply asbestos or an asbestos product (including a chrysotile product) to someone else (the recipient) if—
(a)the person supplies the asbestos or asbestos product to the recipient for disposal and the asbestos or asbestos product is correctly packed and labelled; or
(b)the person (the supplier) supplies the asbestos or asbestos product to the recipient for an authorised activity and the supplier complies with the authorised activity conditions for the authorised activity.
(3)A person is authorised to supply asbestos (including chrysotile) to someone else if the person supplies the asbestos in its natural form in minimal quantities in another mineral to the other person and the presence of the asbestos is incidental to the purpose of disturbing or extracting the other mineral.
(4)A person is authorised to supply a chrysotile product to someone else if—
(a)the chrysotile product was obtained by the person under an exemption; and
(b)the person complies with the exemption (including any conditions to which the exemption is subject); and
(c)the chrysotile product is correctly packed and labelled.
(5)This subsection and the following provisions expire on 31 December 2007:
· the words ‘(including a chrysotile product)’ in subsections (1) and (2)
· the words ‘(including chrysotile)’ in subsection (3)
· subsection (4).
NoteFor the meaning of supply, see the Act, dict.
Authorised possession of asbestos and asbestos products—Act, s 77 (1) (b)
(1)A person is authorised to possess asbestos or an asbestos product (including a chrysotile product) if—
(a)the person is authorised to handle (the authorised handling) the asbestos or asbestos product under another provision of this division; and
NoteHandling a dangerous substance includes importing, manufacturing, storing, supplying, possessing, receiving or using the substance (see Act, s 11).
(b)the person possesses the asbestos or asbestos product for the purpose of the authorised handling; and
(c)the person complies with the requirements of this division in relation to the authorised handling of the asbestos or asbestos product.
(2)A person is authorised to possess asbestos or an asbestos product (including a chrysotile product) if—
(a)the asbestos or asbestos product is in plant or a vehicle in the person’s possession; and
NotePlant includes machinery and equipment and a building or other structure (see Act, dict).
(b)the asbestos or asbestos product is fixed in place; and
(c)the asbestos or asbestos product was fixed in place before 31 December 2003; and
(d)the asbestos or asbestos product is fixed in a way that does not cause a risk unless it is disturbed.
(3)A person is authorised to possess asbestos (including chrysotile) if the person possesses the asbestos in its natural form in minimal quantities in another mineral and the presence of the asbestos is incidental to the purpose of disturbing or extracting the other mineral.
(4)This subsection and the following provisions expire on 31 December 2007:
· the words ‘(including a chrysotile product)’ in subsections (1) and (2)
· the words ‘(including chrysotile)’ in subsection (3).
Storage of asbestos and asbestos products—Act, s 78 (1) (a)
(1)A person who stores asbestos or an asbestos product 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.
NotePlant includes machinery and equipment and a building or other structure (see Act, dict).
(2)A person who stores asbestos or an asbestos product for an authorised activity must comply with the authorised activity conditions for the authorised activity.
(3)A person who stores a chrysotile product obtained under an exemption must ensure that the chrysotile product is correctly packed and labelled.
(4)Subsection (3) and this subsection expire on 31 December 2007.
Authorised use of asbestos and asbestos products—Act, s 79 (1) (b)
(1)A person is authorised to use asbestos or an asbestos product (including a chrysotile product) if—
(a)the asbestos or asbestos product is in plant or a vehicle used by the person; and
NotePlant includes machinery and equipment and a building or other structure (see Act, dict).
(b)the asbestos or asbestos product is fixed in place; and
(c)the asbestos or asbestos product was fixed in place before 31 December 2003; and
(d)the asbestos or asbestos product is fixed in a way that does not cause a risk unless it is disturbed.
(2)A person is authorised to use asbestos or an asbestos product (including a chrysotile product) for an authorised activity if the person complies with the authorised activity conditions for the authorised activity.
(3)A person is authorised to use asbestos (including chrysotile) in its natural form in minimal quantities in another mineral if the presence of the asbestos is incidental to the purpose of disturbing or extracting the other mineral.
(4)A person is authorised to use a chrysotile product that was obtained by the person under an exemption if—
(a)the chrysotile product is used for the purpose stated in the exemption; and
(b)the person complies with the exemption (including any conditions to which the exemption is subject); and
(c)the chrysotile product is used in a way that minimises the possibility of the release into the environment of airborne asbestos fibres.
(5)This subsection and the following provisions expire on 31 December 2007:
· the words ‘(including a chrysotile product)’ in subsections (1) and (2)
· the words ‘(including chrysotile)’ in subsection (3)
· subsection (4).
Division 3.4 Chrysotile product exemptions
Applications for exemptions for chrysotile products
(1)A person may apply in writing to the chief executive for an exemption that authorises the person to import, supply, store or use a chrysotile product (the proposed activity) for a use mentioned in table 161.1, column 2.
Note 1If a form is approved under the Act, s 222 for an application, the form must be used.
Note 2A fee may be determined under the Act, s 221 for this section.
(2)An application for an exemption must include the following information (the required information):
(a)the applicant’s name and any business name used by the applicant;
(b)the applicant’s address and telephone number;
(c)the proposed activity to which the application relates;
(d)the category of chrysotile product to which the application relates;
(e)the amount of chrysotile product to which the application relates;
(f)the address of the premises where the proposed activity will be carried out;
(g)if a person other than the applicant will be the person directly involved in the proposed activity—the name, address and telephone number of that person;
(h)the measures that the applicant will take, if the exemption is granted, to control the risks resulting from the use of the chrysotile product;
(i)if the proposed activity is the use of a chrysotile product—the name, address and telephone number of anyone who the applicant proposes will import, supply or store the chrysotile product for the applicant.
(3)The chief executive need not decide the application if it does not include the required information.
(5)This subsection and table 161.1, items 1 and 4 expire on 31 December 2006.
(6)In this section:
category of chrysotile product means the category mentioned in table 161.1, column 3.
Table 161.1Table of exempt chrysotile product uses
| column 1 item | column 2 uses for which exemption may be granted | column 3 category | column 4 latest date exemption may end |
| 1 | use of chrysotile product in a compressed asbestos fibre gasket that is for use with chlorine in a plant used in liquid chlorine service with design process conditions of—45°C and 1 500kPa | 1 | 31 December 2006 |
| 3 | use of chrysotile product in a product that consists of a mixture of asbestos with a phenol formaldehyde resin or with a cresylic formaldehyde resin used in: (a) a vane for rotary vacuum pumps; or (b) a vane for rotary compressors; or (c) a split face seal of at least 150mm in diameter used to prevent leakage of water from cooling water pumps in fossil fuel electricity generating stations | 2 | 31 December 2007 |
| 4 | use of chrysotile product in a diaphragm for use in an electrolytic cell in an existing electrolysis plant for chlor‑alkali manufacture | 3 | 31 December 2006 |
| 5 | use of chrysotile product in relation to which an exemption under the Occupational Health and Safety (Commonwealth Employment) (National Standards) Regulations 1994 (Cwlth) has been granted to the Department of Defence or the Australian Defence Force for mission-critical parts or components of plant | 4 | 31 December 2007 |
NoteThe categories in table 161.1, col 3 reflect the exemption numbering in the NOHSC model regulations, sch 2 mentioned in s 162 (5).
Decision on application for exemption
(1)The chief executive must grant an exemption authorising a person to use a chrysotile product if the chief executive is satisfied that—
(a)the use is for a use (the authorised use) mentioned in table 161.1, column 2; and
(b)the authorised use is essential to the applicant’s activities; and
(c)the applicant has in place appropriate measures to control the risks resulting from the use of the chrysotile product; and
(d)the applicant will be able to comply with the condition mentioned in section 163 (3); and
(e)the giving of the exemption is consistent with the object of this part.
(2)The chief executive must refuse to grant an exemption authorising a person to use a chrysotile product if the chief executive is not satisfied about the matters mentioned in subsection (1).
(3)The chief executive must grant an exemption authorising a person to import, supply or store a chrysotile product if the chief executive is satisfied that—
(a)the import, supply or storage of the chrysotile product is for a use mentioned in table 161.1, column 2; and
(b)the use has been, or will be, authorised under an exemption; and
(c)the person has in place appropriate measures to control the risks resulting from the import, storage or supply of the chrysotile product; and
(d)the giving of the exemption is consistent with the object of this part.
(4)The chief executive must refuse to grant an exemption authorising a person to import, supply or store a chrysotile product if the chief executive is not satisfied about the matters mentioned in subsection (3).
(5)In making a decision under this section, the chief executive may have regard to the notes mentioned in the National Model Regulations for the Control of Workplace Hazardous Substances, schedule 2, approved by the National Occupational Health and Safety Commission under the National Occupational Health and Safety Commission Act 1985 (Cwlth), as in force on 31 December 2003.
Conditions of exemptions
(1)The chief executive may include conditions in an exemption to protect people against the risk of asbestos-related disease resulting from exposure to airborne asbestos fibres.
(2)An exemption is subject to—
(a)any conditions included in the exemption by the chief executive; and
(b)for an exemption that authorises a person to use a chrysotile product—the exemption stated in subsection (3).
(3)An exemption that authorises an exemption-holder to use a chrysotile product is subject to the condition that the exemption-holder tells the chief executive, in writing, as soon as possible after the exemption-holder becomes aware that the use authorised by the exemption is no longer essential to the exemption-holder’s activities.
Term of exemption
The chief executive may only grant an exemption for a period that ends on or before the date stated in table 161.1, column 4 that relates to the exemption.
Exemption not transferable
An exemption is not transferable.
Form of exemption
(1)An exemption must show the following information:
(a)the full name of the exemption-holder;
(b)the premises where a person is authorised to carry out activities under the exemption;
(c)the activities authorised by the exemption;
(d)any conditions included in the exemption by the chief executive;
(e)a unique identifying number;
(f)when the exemption ends.
(2)If the exemption authorises a person to use a chrysotile product, the exemption must state the condition mentioned in section 163 (3).
(3)An exemption may also include any other information the chief executive considers appropriate.
Operation of an exemption
(1)An exemption begins on—
(a)the day it is granted; or
(b)if a later date is stated in the exemption—the later date.
(2)The chief executive must cancel an exemption if—
(a)satisfied that continuing the exemption would be inconsistent with the object of this part; or
(b)the exemption-holder asks the chief executive to cancel it.
Amendment of exemption on application of exemption-holder
(1)A exemption-holder may apply to the chief executive to amend the exemption.
Examples of amendments
1 to amend or revoke a condition included in the exemption by the chief executive
2 to change the premises where activities may be carried out under the exemption
Note 1If a form is approved under the Act, s 222 for an application, the form must be used.
Note 2A fee may be determined under the Act, s 221 for this section.
Note 3An example is part of this 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 chief executive must amend the exemption if, assuming that the application to amend were an application under section 161 (Applications for exemptions for chrysotile products) for an exemption that included the proposed amendment, the chief executive would be required to grant the exemption.
(3)If subsection (2) does not apply, the chief executive must refuse the application to amend the exemption.
Cancellation of exemption or imposition etc of conditions on chief executive’s initiative
(1)This section applies to an exemption-holder if the chief executive proposes, on the chief executive’s own initiative, to do any of the following (the proposed action):
(a)cancel the exemption;
(b)amend the exemption to impose a condition;
(c)amend or revoke a condition included in the exemption by the chief executive.
(2)The chief executive must give the exemption-holder a written notice stating—
(a)the proposed action; and
(b)if the proposed action is to cancel the exemption—any action that the exemption-holder may take to avoid the cancellation of the exemption; and
(c)if the proposed action is to impose a condition—the proposed condition; and
(d)if the proposed action is to amend a condition—the condition as proposed to be amended; and
(e)an explanation for the proposed action; and
(f)that the exemption-holder may, within 14 days after the day the exemption-holder receives the notice, give a written response to the chief executive about the notice.
(3)In deciding whether to take the proposed action, the chief executive must consider any response given to the chief executive in accordance with the notice.
(4)If the chief executive is satisfied that a reasonable ground exists for taking the proposed action, the chief executive may take the proposed action.
(5)The chief executive must give the exemption-holder written notice of the chief executive’s decision.
(6)If the chief executive decides to take the proposed action, the chief executive’s decision takes effect 14 days after the day when notice of the decision is given to the exemption-holder or, if the notice states a later date of effect, that date.
(7)If the exemption is amended, the chief executive must, as soon as practicable after the exemption has been returned to the chief executive, amend the exemption or give the exemption-holder a replacement exemption showing the amendment.
Continuation of exemptions under former regulations
(1)An exemption (the former exemption) in force under the Dangerous Goods Regulations 1978, part 11 immediately before the commencement of the Act is taken to be an exemption granted under this regulation.
(2)The former exemption is subject to—
(a)any conditions stated in the former exemption; and
(b)the conditions (if any) as amended under the Dangerous Goods Regulations 1978 or this regulation; and
(c)any conditions imposed under this regulation.
(3)The term of the former exemption is taken to be the unexpired term of the former exemption before the commencement of the Act.
Expiry of div 3.4
(1)This division expires on 31 December 2007.
(2)Also, section 151, definitions of chrysotile product and exemption, and the dictionary definitions of those terms, expire on 31 December 2007.
Part 4Administrative review of decisions
Reviewable decisions—Act, s 186 (b)
The decisions of the Minister, the chief executive or an inspector mentioned in schedule 1, column 3 are reviewable decisions.
Notice of reviewable decisions—Act, s 187 (1)
If the Minister, chief executive or inspector (the decision-maker) makes a reviewable decision, the decision-maker must give written notice of the decision to each person mentioned in schedule 1, column 4 in relation to the decision.
NoteFor the giving of notice of a reviewable decision, see the code of practice under the Administrative Appeals Tribunal Act 1989, s 25B.
Internally reviewable decisions—Act, s 188 (1)
The decisions of an inspector mentioned in schedule 1, part 1.2 are internally reviewable decisions.
Note 1For the giving of notice of an internally reviewable decision, see the code of practice under the Administrative Appeals Tribunal Act 1989, s 25B.
Note 2A person may apply to the AAT for review of a decision made by an internal reviewer (see Act, s 191 (a)), including a decision under the Act, s 189 (1) (b) refusing to allow a longer period to make an application for internal review.
Schedule 1Reviewable decisions
(see s 200)
Part 1.1Chief executive—reviewable decisions under Act
| column 1 item | column 2 provision | column 3 decision | column 4 person to be notified of decision |
| 1 | 52 (3) | refuse to issue licence | applicant |
| 2 | 53 (1) | issue licence subject to condition included by chief executive | 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 chief executive | 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 |
| 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 |
Part 1.2Inspectors—internally reviewable decisions under Act
| column 1 item | column 2 provision | column 3 decision | column 4 person to be notified of decision |
| 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 |
| 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 |
Part 1.3Chief executive—reviewable decisions under this regulation
| column 1 item | column 2 provision | column 3 decision | column 4 person to be notified of decision |
| 1 | 162 (2) or (4) | refuse to grant exemption | applicant |
| 2 | 163 (1) | grant exemption subject to condition included by chief executive | applicant |
| 3 | 168 (2) | refuse to amend exemption | exemption-holder |
| 4 | 169 | cancel exemption | exemption-holder |
| 5 | 169 | impose condition on exemption amend or revoke condition included in exemption by chief executive | exemption-holder |
Dictionary
(see s 3)
Note 1The Legislation Act contains definitions and other provisions relevant to this regulation.
Note 2For example, the Legislation Act, dict, pt 1, defines the following terms:
· AAT
· chief executive (see s 163)
· fail
· Minister (see s 162)
· penalty unit (see s 133)
· under.
Note 3Terms 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:
· Australian Dangerous Goods Code (see s 10 (3))
· compliance agreement (see s 94 (2))
· dispose
· enforceable undertaking (see s 122)
· handle (see s 11)
· import
· improvement notice (see s 100)
· internally reviewable decision (see s 188 (1))
· licence
· plant
· premises
· prohibition notice (see s 109)
· 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.
asbestos, for part 3—see section 151.
asbestos product, for part 3—see section 151.
authorised activity, for asbestos or an asbestos product, for part 3—see section 152 (1).
authorised activity condition, for an authorised activity for asbestos or an asbestos product, for part 3—see section 152 (2).
chrysotile product, for part 3—see section 151.
correctly labelled, for asbestos or an asbestos product, for part 3—see section 154.
correctly packed, for asbestos or an asbestos product, for part 3—see section 153.
exemption, for part 3 (Asbestos and asbestos products)—see section 162.
Endnotes
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 and expiries are listed in the legislation history and the amendment history. These details are underlined. Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.
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.
Abbreviation key
am = amended ord = ordinance amdt = amendment orig = original ch = chapter par = paragraph/subparagraph def = definition pres = present dict = dictionary prev = previous disallowed = disallowed by the Legislative (prev...) = previously Assembly pt = part div = division r = rule/subrule exp = expires/expired renum = renumbered Gaz = gazette reloc = relocated hdg = heading R[X] = Republication No IA = Interpretation Act 1967 RI = reissue ins = inserted/added s = section/subsection LA = Legislation Act 2001 sch = schedule LR = legislation register sdiv = subdivision LRA = Legislation (Republication) Act 1996 sub = substituted mod = modified/modification SL = Subordinate Law o = order underlining = whole or part not commenced om = omitted/repealed or to be expired
Legislation history
This regulation was originally the Dangerous Substances (General) Regulations 2004. It was renamed under the Legislation Act 2001.
Dangerous Substances (General) Regulation 2004 SL2004-9
notified LR 2 April 2004
s 1, s 2 commenced 2 April 2004 (LA s 75 (1))
remainder commenced 5 April 2004 (s 2)as amended by
Dangerous Substances (General) Amendment Regulations 2004 (No 1) SL2004-39
notified LR 30 August 2004
s 1, s 2 commenced 30 August 2004 (LA s 75 (1))
remainder commenced 31 August 2004 (s 2)Dangerous Substances (General) Regulation 2004 SL2004-56 pt 6.3
notified LR 14 December 2004
s 1, s 2 commenced 14 December 2004 (LA s 75 (1))
pt 6.3 commenced 15 December 2004 (s 2 (1))as repealed by
Dangerous Substances (General) Regulation 2004 SL2004-56 pt 6.4
notified LR 14 December 2004
s 1, s 2 commenced 14 December 2004 (LA s 75 (1))
pt 6.4 commenced 31 March 2005 (s 2 (2))Amendment history
Name of regulation
s 1am R5 LA
Commencement
s 2om LA s 89 (4)
Applications for exemptions for chrysotile products
s 161(4) and table 161.1, item 2 exp 31 December 2004 (s 161 (4))
Modification of Act, ch 14
pt 5 hdgom SL2004-56 s 605
Act modified—pt 5
s 250am SL2004-39 s 4
om SL2004-56 s 605
Section 226 (3)
s 251sub SL2004-39 s 5
om SL2004-56 s 605
Section 226 (5), definition of former explosives licence
s 252om SL2004-39 s 5
New section 226C
s 253in part (s 226A) exp 15 May 2004 (s 226A (5))
in part (s 226B) exp 15 May 2004 (s 226B (5))
in part (s 226C) exp 1 September 2004 (s 226C (5))
Expiry—pt 5
s 254ins SL2004-39 s 6
om SL2004-56 s 605
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. Except for the footer, electronic and printed versions of an authorised republication are identical.
Republication No and date
Effective
Last amendment made by
Republication for
R1
5 Apr 20045 Apr 2004–
15 May 2004not amended new regulation R2
16 May 200416 May 2004–
30 Aug 2004not amended commenced expiry R3
31 Aug 200431 Aug 2004–
1 Sept 2004SL2004-39 amendments by SL2004-39 R4
2 Sept 20042 Sept 2004–
31 Oct 2004SL2004-39 commenced expiry R5
1 Nov 20041 Nov 2004–
14 Dec 2004SL2004-39 editorial amendments under Legislation Act R6
15 Dec 200415 Dec 2004–
31 Dec 2004SL2004-56 amendments by SL2004-56 R7
1 Jan 20051 Jan 2005–
30 Mar 2005SL2004-56 commenced expiry
0
0
0