Explosives and Dangerous Goods Act Amendment Act 1978 (WA)
WESTERN AUSTRALIA.
EXPLOSIVES AND
DANGEROUS GOODS.
No. 101 of 1978.
AN ACT to amend the Explosives and Dangerous
Goods Act, 1961-1974.
[Assented to 30th November, 1978.]
BE it enacted by the Queen's Most ExcellentMajesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—
| 1. (1) This Act may be cited as the Explosives | Shorttitle and |
| and Dangerous Goods Act Amendment Act, 1978. | citation. |
| Reprinted as |
| In this Act the Explosives and Dangerous Goods Act, 1961-1974 is referred to as the principal | authorised 27th Novem- |
| ber, 1970 and amended by | |
| Act. | Act No. 15 of 1974. |
| (3) The principal Act as amended by this Act may be cited as the Explosives and Dangerous Goods Act, | |
| 1961-1978. |
(2)
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Commence-
| ment. | 2. This Act shall come into operation on a day to be fixed by proclamation. |
| amended. 3. The long title to the principal Act is amended by deleting the words "storage of" in line two, and inserting in lieu thereof the passage "manufacture, importation and use of Explosives, and the classifi- cation, marking, storage, carriage, and sale of Explosives and". | Long title | |
| Section 2 | ||
|
Division 2A.—Carriage of Dangerous Goods, ss. 46A-46B. .
Section 6
| amended. | 5. |
Section 6 of the principal Act is amended by
adding a new subsection, to stand as subsection (3),
as follows
(3) Subsection (1) of this section does not apply to, or in relation to, any radioactive substance in so far as specific provision therefor is made by or under any other Act. .
Section 7
| amended. | 6. | Section 7 of the principal Act is amended |
| (a) | by adding after the section number "7.", the subsection designation "(1)"; |
| (b) | as to the interpretation "Chief Inspector", by inserting after the word "Explosives" in line two, the words "and Dangerous Goods"; and |
| (c) | by adding at the end of that section, the following subsection |
(2) A reference, however expressed, in any other Act or in any regulation, notice, proclamation or statutory instrument of any kind made, published or in force under this or any other Act, to the Chief Inspector of Explosives shall, unless the context requires otherwise, be read and
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construed as a reference to the Chief Inspector of Explosives and Dangerous Goods appointed or deemed to have been appointed under this Act. .
7. Section 9 of the principal Act is amended— sell=
|
(2) The person who was the Chief Inspector of Explosives immediately before the coming into operation of the Explosives and Dangerous Goods Act Amendment Act, 1978 shall be deemed to have been appointed to the office of Chief Inspector of Explosives and Dangerous Goods under subsection (1) of this section. .
| 8. Section 13 of the principal Act is amended by Section 13 | amended. |
repealing and re-enacting subsection (1) as
follows-
13. (1) For the purposes of this Act, explosives ?ton of el-
| shall be dealt with and described by reference ans' | to the classification system specified in the |
| Second Schedule to this Act, and a reference in this Act to the classification of any explosive shall be deemed to be a reference to the classification of that explosive according to that schedule. . |
Section 14
9. Section 14 of the principal Act is amended by amended.
deleting paragraph (a) of subsection (1) and
inserting in lieu thereof the following paragraph
(a) classify any specified explosive by reference to the system specified in the Second Schedule to this Act; .
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Section 40
| amended. | 10. Section 40 of the principal Act is amended by deleting paragraph (b), and inserting in lieu thereof the following paragraph |
| (b) | any other explosive, except in accordance with, and in such quantity as may be prescribed by, regulations made under this Act. . |
| Section 42 | 11. Section 42 of the principal Act is amended |
amended.
(a) by repealing and re-enacting subsection (1)
as follows-
Classifica-
| tion of | 42. (1) For the purposes of this Act, dangerous goods shall be dealt with and described by reference to the classification system specified in the Third Schedule to this Act, and a reference in this Act to the classification of any dangerous goods shall be deemed to be a reference to the classification of such dangerous goods according to that schedule. ; |
| dangerous | |
| goods. |
(b) as to subsection (2)-
(i) by inserting after the word "sub- stance" in line two of paragraph (b), the words "by reference to the system specified"; and
(ii) by inserting after the word "or" in line ten of that subsection, the passage ", in the case of an order under paragraph (a) of this sub- section,"; and
(c) as to subsection (3), by deleting paragraph (a) and inserting in lieu thereof the following paragraph
| (a) | is considered by the Minister to be a danger to public safety by reason of the properties of the substance giving rise to the risk of explosion, fire, corrosion or other hazard; . |
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12. Section 43 of the principal Act is amended by rgicalocine c1.3
repealing and re-enacting subsection (1) as
follows-
43. (1) Where in respect of any dangerous Regulation
goods the manner or any limitation on the of dangerous
quantity in which such goods shall be stored or goods.
kept is prescribed, a person shall store or keep such goods in the manner and within the limits of quantity prescribed in respect thereto. .
13. Section 44 of the principal Act is repealed
| and re-enacted as follows— | re-enacted. |
| 44. (1) Where in respect of any dangerous goods a type of package or container is | Packing and | |
| ||
| goods. | ||
| prescribed for the purposes of carriage or storage, a person shall not pack any such goods for any such purpose in a package or container of a type other than the type prescribed in respect thereto. |
(2)
A person shall not store, carry, sell or offer for sale any dangerous goods in a package or container unless that package or container is labelled, branded or marked so as to identify those goods.
(3) Where in respect of any dangerous goods a manner of labelling, branding or marking is prescribed, a person shall not store, carry, sell or offer for sale such goods unless those goods are, or the package or container is, labelled, branded or marked as prescribed in respect thereto. .
14. The principal Act is amended by enacting a pgrtrw
new Division, to stand immediately after section 46, added.
as follows-
Division 2A.—Carriage of Dangerous Goods.
46A. Where in respect of any dangerous goods gg,,,tat
the manner or any limitation on the quantity of drgerous
in which such goods shall be carried or conveyed
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is prescribed, a person shall carry or convey such goods in the manner and within the limits of quantity prescribed in respect thereto.
Licensing
| of vehicles. | 46B. (1) Regulations may provide that a person shall not carry dangerous goods specified therein except on a vehicle in respect of which a license issued by the Chief Inspector for the purposes of this section is currently in force authorising such carriage. |
| (2) The Chief Inspector may refuse to issue a license for the purposes of this section, or issue such license subject to such terms and conditions as he may see fit to impose, in the interests of public safety. . | |
| Section 48 |
| amended. | 15. Section 48 of the principal Act is amended |
(a) as to subsection (1), by deleting the passage commencing with the word "may" in line thirteen and ending with the word "forthwith" in the last line, and inserting in lieu thereof the following passage
may
| (a) | advise the Chief Inspector of his opinion, whereupon the Chief Inspector may require the holder of the license or his agent or the person carrying out that practice to remedy that defect or cease that practice within such time as the Chief Inspector specifies in writing; or |
| (b) | where he is of the opinion that any defect or practice is of such a nature as to be of immediate danger, require the person responsible to remedy the defect or cease the practice forthwith ; and |
(b) as to subsection (3)-
(i) by deleting the word "twenty" in line two, and inserting in lieu thereof the words "two hundred"; and
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(ii) by deleting the words "an inspector" in line four, and the words "the inspector" in line six, and in each case inserting in lieu thereof the words "the Chief. Inspector".
16. Section 53 of the principal Act is amended by seloted.
inserting after the word "warrant" in line seven, the
words "in the prescribed form".
17. Section 55 of the principal Act is amended— =nor
| (a) | by deleting the words "by explosion or fire" in line one of each of subsections (1) and (2), and in line three of subsection (3); and |
| (b) | by deleting the words "by fire or explosion" in line four of subsection (5). |
Section 56
| 18. Subsection (2) of section 56 of the principal Act is amended | amended. |
| (a) | as to paragraph (a), by deleting the word "hundred" in line three, and inserting in lieu thereof the word "thousand"; and |
| (b) | as to paragraph (b), by deleting the word "twenty" in line two, and inserting in lieu thereof the words "two hundred". |
Section 62
| 19. Subsection (2) of section 62 of the principal Act is amended | amended. |
(a) as to paragraph (r)—
(i) by deleting the word "hundred" in line two, and inserting in lieu thereof the word "thousand"; and
(ii) by deleting the word "twenty" in line four, and inserting in lieu thereof the words "two hundred"; and
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(b) by deleting the passage "explosion." at the end of the subsection, and inserting in lieu thereof the following passage
explosion;
(u) providing for the issue of a license in respect of a vehicle authorising its use for the conveyance by road of specified dangerous goods under such terms and conditions as may be prescribed. .
Third
| Schedule | 20. The principal Act is amended by deleting the |
| substituted. | Third Schedule, and inserting in lieu thereof the following schedule |
THIRD SCHEDULE.
CLASSIFICATION OF DANGEROUS GOODS.
Class 1—Explosives.
Explosives shall be classified in accordance with the provisions of the Second Schedule to this Act.
Class 2—Compressed Gases.
Compressed, liquefied or dissolved gases in cylinders or other containers or vessels, comprising:
Sub-class.
| 2.1 | Flammable gases. |
| 2.2 | Poisonous gases. |
| 2.3 | Gases that are neither flammable nor poisonous. |
Class 3—Flammable Liquids.
All liquid substances, including mixtures, solutions or emulsions having a flash point below 150°C comprising:
Sub-class.
| 3.1 | Flammable liquids having a flash point less than 23°C. |
| 3.2 | Flammable liquids having a flash point less than 61°C but not less than 23°C. |
| 3.3 | Flammable liquids having a flash point less than 150°C but not less than 61°C. |
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Class 4—Flammable Substances.
Any solid or liquid which may readily ignite or explode but is not classified as an authorised explosive or in any other class of dangerous goods, comprising:
Sub-class.
| 4.1 | Flammable solids which are readily com- bustible. |
| 4.2 | Substances liable to spontaneous com- bustion. |
4.3 Substances which, on contact with water, will become spontaneously combustible or emit flammable gases.
Class 5—Oxidizing Substances.
Substances which
| (a) | may contribute to combustion, fire or explosion of other substances with which they come into contact; or |
| (b) | when heated, produce oxygen or otherwise decompose, |
comprising:
Sub-class.
| 5.1 | Oxidizing substances other than organic peroxides. |
| 5.2 | Organic peroxides. |
Class 6—Poisonous or Infectious Substances.
Substances that are likely to cause death or serious injury to human health if swallowed or inhaled, or by skin contact, and substances containing disease- producing micro-organisms, comprising:
Sub-class.
| 6.1 | Poisonous substances. |
| 6.2 | Infectious substances. |
Class 7—Radioactive Substances.
Substances which spontaneously emit ionizing
radiation.
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Class 8—Corrosive Substances.
Acids, caustic alkalis, or other substances which, when in contact with living tissue, will cause severe damage to such tissue, or which, in the case of leakage, may cause damage to life, health or property by chemical action.
Class 9—Miscellaneous Dangerous Substances.
Any substance which presents some danger to life, health or property and is not otherwise classified in accordance with this Act. .
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