Explosives and Dangerous Goods Amendment Act 1984 (WA)

WESTERN AUSTRALIA.

EXPLOSIVES AND

DANGEROUS GOODS.

No. 68 of 1984.

AN ACT to amend the Explosives and Dangerous

Goods Act 1961-1981.

[Assented to 5 November 1984.]

RE it enacted by the Queen's Most Excellent

Majesty, 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 aSnhargIttipon

and Dangerous Goods Amendment Act 1984.

Reprinted as

(2) In this Act the Explosives and Dangerous approved 5 September

Goods Act 19614981 is referred to as the principal

1979 and

amended by

Act.

Act No. 58 of

No. 68.] Explosives and Dangerous Goods. [1984.

(3) The principal Act as amended by this Act may be cited as the Explosives and Dangerous Goods Act 1961-1984.

Section 2	2.	Section 2 of the principal Act is repealed.
repealed.
Section 46C	3.	After section 46B of the principal Act the
inserted.

following section is inserted-

Licensing of

drivers. 46C. (1) Regulations may provide for the licensing by the Chief Inspector of the drivers of vehicles, or vehicles of a prescribed kind, carrying dangerous goods or dangerous goods of a prescribed kind or in a prescribed quantity, and prohibit the driving of such a vehicle by a person who does not hold an appropriate driver's licence issued under this Act.

The Chief Inspector may refuse to issue a licence for the purposes of this section, or issue such a licence subject to such terms and conditions as he may see fit to impose, in the interests of public safety, and may, for the purpose of making any decision relating to licensing, have regard to whether a person has undergone a course of training approved by the Chief Inspector and attained a certificate or other evidence of proficiency recognized by the Chief Inspector.

(2)

A driver's licence issued under this Act does not affect the requirement to obtain and hold an appropriate driver's licence under the Road Traffic Act 1974 and the holding of a licence under that Act does not affect a requirement to hold a driver's licence under this Act. ".

(3)

Section 61

amended. 4. Section 61 of the principal Act is amended

(a) by inserting after the section designation "61." the subsection designation "(1)"; and

1984.        Explosives and Dangerous Goods. [No. 68.

(b) by inserting the following subsection-

" (2) In a prosecution for an offence against this Act an averment in the complaint to the effect that, in relation to any matter the subject of the complaint, a licence or permit was not held or an approval or other authoriza- tion had not been given is deemed to be proved in the absence of proof to the contrary. ".

5. Section 62 of the principal Act is amended by iTggiodned62.

inserting after subsection (4) the following sub-

section

(5) The Chief Inspector may, in writing, exempt persons or things, or classes of persons or things, from the provisions of the regulations, or any of them, and any such exemption may be absolute or conditional, may be limited according to time, place, or circumstance, and may be subsequently varied or revoked in writing by the Chief Inspector. ".