Untitled document
Dangerous Goods Legislation (Amendment) Act 2004
Act No. 67/2004
table of provisions
Section Page
1.Purposes
2.Commencement
3.Objects of Dangerous Goods Act 1985
4.Definitions
5.Declaration of high consequence dangerous goods
6.Powers of inspectors
7.New section 21A inserted
21A.Special provisions for HCDG and explosives licences
8.Additional grounds for revocation of HCDG licences
9.Transfer of licences
10.New heading to Part VII substituted
Part VII—Proceedings and Enforcement".
11.New section 42A inserted
42A.Analyst's certificates
12.New sections 47A, 47B, 47C and 47D inserted
47A.Forfeiture and disposal of HCDG, explosives or containers before conviction
47B.Court orders for forfeiture and disposal of HCDG, explosives or containers before conviction
47C.Appeal against orders under section 47B
47D.Compensation
13.Regulations
14.New sections 55A, 55B and 55C inserted
55A.Orders—general provisions
55B.Variation and revocation of orders
55C.Making and varying of orders about HCDG subject to disallowance
15.Regulations about HCDG
16.Road transport of HCDG
17.Terrorism (Community Protection) Act 2003
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Endnotes
Dangerous Goods Legislation (Amendment) Act 2004
[Assented to 19 October 2004]
The Parliament of Victoria enacts as follows:
1.Purposes
The main purposes of this Act are to amend—
(a)the Dangerous Goods Act 1985 and the Road Transport (Dangerous Goods) Act 1995 to regulate access to high consequence dangerous goods and make further provision for explosives; and
(b)the Terrorism (Community Protection) Act 2003 to provide for notifications about certain high consequence dangerous goods.
2.Commencement
(1)This Act, except sections 7 and 16, comes into operation on the day on which it receives the Royal Assent.
(2)Subject to sub-section (3), sections 7 and 16 come into operation on a day or days to be proclaimed.
(3)If a provision referred to in sub-section (2) does not come into operation before 1 December 2005, it comes into operation on that day.
3.Objects of Dangerous Goods Act 1985
In section 4 of the Dangerous Goods Act 1985—
(a)in paragraph (f), for "Code." substitute "Code;";
(b)after paragraph (f) insert—
"(g)to provide for the management of risks arising out of security concerns associated with explosives and high consequence dangerous goods;
(h)to prohibit or regulate the import, export, supply or disposal of high consequence dangerous goods;
(i)to prohibit or regulate the export or supply of explosives.".
4.Definitions
(1)In section 3(1) of the Dangerous Goods Act 1985—
(a)in the definition of "dangerous goods" after paragraph (b)(ii) insert—
"(iia)high consequence dangerous goods; and";
(b)insert the following definitions—
' "explosives licence" means a licence issued pursuant to section 21 in relation to explosives;
"HCDG" means high consequence dangerous goods;
"HCDG licence" means a licence issued pursuant to Part 3 in relation to high consequence dangerous goods;
"high consequence dangerous goods" means substances or articles that are declared to be high consequence dangerous goods under section 9B but does not include any substances or articles that are explosives;'.
(2)After section 3(2) of the Dangerous Goods Act 1985 insert—
"(3)Any reference in this Act to sell explosives or to the sale of explosives includes a reference to the supply of the explosives whether or not for any consideration.".
5.Declaration of high consequence dangerous goods
(1)After section 9B(1) of the Dangerous Goods Act 1985, insert—
"(1A)The Governor in Council may by Order declare any dangerous goods, or class of dangerous goods, to be high consequence dangerous goods for the purposes of this Act.
(1B)The Governor in Council may by Order declare needs for access to high consequence dangerous goods—
(a)that will be treated as lawful needs for the purposes of an HCDG licence;
(b)that will not be treated as lawful needs for the purposes of an HCDG licence.".
(2)In section 9B(4) of the Dangerous Goods Act 1985, after "made" insert "under sub-section (1)".
6.Powers of inspectors
After section 17(7) of the Dangerous Goods Act 1985 insert—
"(8)Without limiting an inspector's powers in relation to dangerous goods generally, an inspector's powers under this section extend and apply to and in relation to the import, export and disposal of high consequence dangerous goods and the export of explosives.".
7.New section 21A inserted
After section 21 of the Dangerous Goods Act 1985 insert—
'21A.Special provisions for HCDG and explosives licences
(1)If the regulations require a person to hold a licence to manufacture, transport or store explosives or high consequence dangerous goods, the Authority may require—
(a)the applicant to provide a security plan for the activities to be covered by the licence;
(b)the licensee, at any time during the currency of the licence, to provide a security plan for the activities covered by the licence.
(2)The security plan must—
(a)be based on a risk assessment of those activities; and
(b)contain the prescribed particulars.
(3)The Authority must not issue a licence to import, export, manufacture, store, sell, supply, use, handle, transfer, transport or dispose of high consequence dangerous goods unless the Authority is of the opinion that—
(a)the applicant for the licence, if a natural person—
(i)is of the age required by the Authority for the licence applied for; and
(ii)has provided specified proof of identity; and
(iii)has provided consent and sufficient information for the Authority to obtain known information concerning the person to determine whether the person has satisfied the requirements prescribed by the regulations to hold an HCDG licence; and
(b)the applicant for the licence, if a body corporate—
(i)has provided details of the incorporation of the body; and
(ii)has provided specified proof of identity of such of the directors and persons concerned in the management of the body corporate that are required by the Authority; and
(iii)such of the directors and the persons concerned in the management of the body corporate that are required by the Authority have provided their consent and sufficient information for the Authority to obtain known information concerning the director or person to determine whether they have satisfied the requirements prescribed by the regulations to be a director or person concerned in the management of a body corporate that holds an HCDG licence; and
(c)the applicant for the licence has provided the consent and sufficient information from any person who is to be responsible for the security of the goods under the HCDG licence for the Authority to obtain known information concerning the person to determine whether the person has satisfied the requirements prescribed by the regulations to be responsible for the security of the goods under the HCDG licence; and
(d)the applicant for the licence has demonstrated a need for access to the high consequence dangerous goods that is declared by Order in Council under section 9B(1B) to be a lawful need in relation to those goods; and
(e)the applicant for the licence has satisfied any other requirements prescribed by the regulations.
(4)The Authority must not issue a licence to import, export, manufacture, store, sell, use, transport, handle or transfer explosives unless the Authority is of the opinion that the requirements of sub-section (3)(a), (b), (c), and (e) with necessary modifications to apply in relation to an explosives licence are satisfied.
(5)Nothing in this section limits any other powers of the Authority under this Act in relation to the issue of licences for dangerous goods or the powers to make regulations for or with respect to the issue of licences for dangerous goods.
(6)In this section—
"known information" means any records concerning a person kept by or on behalf of—
(a)the Chief Commissioner of Police appointed under the Police Regulation Act 1958; or
(b)any person holding a position equivalent to that of the Chief Commissioner of Police in the Commonwealth or in a State or Territory of the Commonwealth or any other country; or
(c)any other prescribed person or body.
"specified proof of identity", in relation to a person or director, means proof of the identity of the person or director in the same manner and to the same extent as is required for an identification reference under the Financial Transactions Reports Act 1988 of the Commonwealth.'.
8.Additional grounds for revocation of HCDG licences
After section 24(4) of the Dangerous Goods Act 1985 insert—
"(5)If—
(a)an HCDG licence has been issued on the basis of demonstrating a lawful need for access to high consequence dangerous goods that has been declared by Order in Council under section 9B(1B); and
(b)after the issue of the licence, an Order in Council is made revoking that lawful need—
the Authority must revoke the licence or the part of the licence that relates to that lawful need within 3 months after the notice of the Order in Council is published in the Government Gazette.
(6)Without limiting any of the powers of the Authority to amend, suspend or revoke any licence on any ground or for any reason, the Authority may amend, suspend or revoke an HCDG licence if the person who holds the licence has been found guilty of an offence against this Act or the Terrorism (Community Protection) Act 2003.".
9.Transfer of licences
In section 26 of the Dangerous Goods Act 1985, after "may," insert "subject to the regulations".
10.New heading to Part VII substituted
For the heading to Part VII of the Dangerous Goods Act 1985 substitute—
"Part VII—Proceedings and Enforcement".
11.New section 42A inserted
After section 42 of the Dangerous Goods Act 1985 insert—
'42A.Analyst's certificates
(1)In any legal proceedings for an offence against this Act relating to an explosive or HCDG the production of a certificate purporting to be signed by an approved analyst with respect to any analysis or examination made by the approved analyst is, without proof of the signature of the person appearing to have signed the certificate or that the person is an approved analyst, sufficient evidence of—
(a)the identity or quantity or both the identity and quantity of the substance, article or thing analysed;
(b)the nature of any substance analysed including whether the substance is pure or a mixture of other substances;
(c)the result of the analysis;
(d)any other matters relevant to the proceedings that are stated in the certificate.
(2)The provisions of sub-section (1) do not apply—
(a)if a copy of the certificate was not served on the defendant at least 7 days before the hearing; or
(b)if the defendant, at least 3 days before the hearing, gave notice in writing personally or by post to the informant and to the approved analyst that he or she requires the analyst to attend as a witness.
(3)For the purpose of sub-section (2)(a) a copy of the certificate is deemed to be served on the defendant under that provision if—
(a)not less than 10 days before the hearing a copy of the certificate is lodged with the court of hearing which is authorised to make the copy available to the defendant; and
(b)notice in writing has been given to the defendant that a copy of the certificate will be so lodged with the court.
(4)Service of a copy of a certificate for the purposes of this section may be effected and proved—
(a)in any manner in which service of a summons may be effected and proved; or
(b)if the certificate was served with the summons and proof of service of the summons is by affidavit, by stating in the affidavit that a copy of the certificate was served with the summons.
(5)If an analysis or examination has been carried out for the purpose of any legal proceedings for an offence against this Act the court may, in addition to any other order as to costs, make any order that it thinks proper—
(a)as to the expenses of and remuneration to be paid for the analysis or examination; and
(b)if the approved analyst has been required by the defendant to attend as a witness, as to the conduct money of the analyst.
(6)In this section, "approved analyst" means an analyst who is—
(a)operating with the authority of a laboratory accredited by the National Association of Testing Authorities; or
(b)approved by the Authority.'.
12.New sections 47A, 47B, 47C and 47D inserted
After section 47 of the Dangerous Goods Act 1985 insert—
"47A.Forfeiture and disposal of HCDG, explosives or containers before conviction
(1)Any high consequence dangerous goods or explosives or containers used for or in connexion with high consequence dangerous goods or explosives that are seized and detained by an inspector under Part II are forfeited to the Authority if the Authority—
(a)cannot find the owner of the goods, explosives or containers after making reasonable enquiries; or
(b)cannot return the goods, explosives or containers to their owner after making reasonable efforts.
(2)Sub-section (1)(a) does not require the Authority to make enquiries if it would be unreasonable to make enquiries and sub-section (1)(b) does not require the Authority to make efforts if it would be unreasonable to make efforts.
(3)If any high consequence dangerous goods, explosives or containers used for or in connexion with high consequence dangerous goods or explosives that are seized and detained by an inspector under Part II have not been forfeited, the Authority must return the goods, explosives or containers at the end of—
(a)12 months; or
(b)if a proceeding involving an offence for the goods, explosives or containers is started within 12 months, the proceeding and any appeal from the proceeding.
(4)Despite sub-section (3), unless the goods, explosives or containers are forfeited, the Authority must immediately return any goods, explosives or containers taken as evidence to their owners if the Authority stops being satisfied that the continued detention of the goods, explosives or containers as evidence is necessary.
(5)Sub-section (4) does not apply if the owner of the goods, explosives or containers is not authorised to possess those goods, explosives or containers by a licence.
47B.Court orders for forfeiture and disposal of HCDG, explosives or containers before conviction
(1)The Magistrates' Court may make an order or orders and findings under this section if—
(a)an application is made in that behalf by the Authority, an inspector or a person authorised by the Authority; and
(b)it is proved that—
(i)a substance or article is or contains high consequence dangerous goods or explosives; or
(ii)a container is or has been used or is capable of being used for or in connexion with the import, export, manufacture, storage, sale, supply, use, handling, transfer, transport or disposal of high consequence dangerous goods or explosives; and
(c)the Court is satisfied that—
(i)unless the goods are forfeited to the Authority and either destroyed or disposed of, there is a reasonable likelihood that—
(A)a contravention of this Act will occur; or
(B)the goods will be used in connexion with an offence against this or any other Act; or
(ii)it is in the interests of public safety that the goods are forfeited to the Authority and either destroyed or disposed of.
(2)The Court may, upon the notice being given to those persons that the Court directs, order that the container or the whole or any part or parts of the high consequence dangerous goods or explosives are forfeited to the Authority and either destroyed or disposed of in the manner that is provided in the order.
(3)The Court may also make a finding of fact as to—
(a)the quantity of the high consequence dangerous goods or explosives produced to, or inspected by, the court, the quantity ordered to be destroyed or disposed of, the quantity remaining, and the fact that what remains is part of what was produced to, or inspected by, the court; or
(b)the nature of any high consequence dangerous goods or explosives produced to, or inspected by, the Court; or
(c)the nature of any container produced to, or inspected by, the Court.
(4)The Court may also order that the quantity remaining of the high consequence dangerous goods or explosives be forfeited to the Authority and either destroyed or disposed of in the manner that is provided in the order when no longer required for the purpose of any subsequent proceedings.
(5)The Magistrates' Court has power to—
(a)give any directions; or
(b)authorise the Authority to give any appropriate directions—
necessary to give effect to any order made by it under this section.
(6)If a finding of fact is made under sub-section (3), production in any subsequent proceedings of an order containing the finding of fact shall be conclusive evidence of the matters to which the finding relates.
(7)If an order is made under this section requiring the destruction or disposal of a container or the whole or any part of any of the high consequence dangerous goods or explosives, the order may be executed before the end of any appeal period applicable under section 47C if a sample of the thing to be destroyed or disposed of is taken and kept until the end of that appeal period and the determination of any appeal made within that period.
47C.Appeal against orders under section 47B
(1)Despite anything to the contrary in any other Act a person (including the Crown) affected by an order made under section 47B may appeal against the decision as if the order were or were part of a sentence imposed on a conviction for an offence against this Act to which the order relates, being a sentence which is not fixed by law and against which an appeal may be brought.
(2)On an appeal under sub-section (1) the court to which the appeal is made may confirm, vary or revoke the order to which the appeal relates.
(3)A person's right of appeal under this section is in addition to any other right of appeal that the person may have.
47D.Compensation
(1)This section applies if—
(a)any high consequence dangerous goods, explosives or containers have been forfeited to the Authority and either destroyed or disposed of under an order under section 47B; and
(b)after proceedings for an offence against this Act have been instituted and completed, the defendant is not found guilty; and
(c)the person from whom they were seized was, at the time they were seized, authorised to possess those goods, explosives or containers by a licence.
(2)The owner of the goods, explosives or containers referred in sub-section (1) is entitled to recover—
(a)the seized goods, explosives or containers or, if they have been destroyed, compensation equal to the market value of the goods, explosives or containers at the time of the seizure; and
(b)compensation for any loss suffered by reason of the seizure of the seized goods, explosives or containers.".
13.Regulations
After section 52(6) of the Dangerous Goods Act 1985 insert—
"(7)The regulations must not require licences to be obtained by a primary producer in relation to the storage, use, handling or transfer of dangerous goods by the primary producer (other than explosives and high consequence dangerous goods) being dangerous goods which are used or intended to be used in connexion with the business of the primary producer and are not held by the primary producer for the purpose of resale.".
14.New sections 55A, 55B and 55C inserted
After section 55 of the Dangerous Goods Act 1985 insert—
"55A.Ordersgeneral provisions—
(1)This section and sections 55B and 55C only apply to an Order made by the Governor in Council under section 9B that relates to high consequence dangerous goods.
(2)An Order that specifies a date on which it expires or ceases to have effect, ceases to have effect on that day.
(3)The Minister must ensure that an Order is published as soon as practicable after it is made in—
(a)the Government Gazette; and
(b)a newspaper circulating generally throughout the State.
(4)A power conferred by this Act to make an Order may be exercised—
(a)by declaring dangerous goods to be high consequence dangerous goods by reference to—
(i)the concentration, quantity or the form of the goods; or
(ii)a formulation, mixture or compound of goods; or
(iii)any other state, characteristic or quality of the goods;
(b)either in relation to all cases to which the power extends, or in relation to all those cases subject to specified exceptions, or in relation to any specified case or class of case;
(c)so as to make, as respects the cases in relation to which the power is exercised—
(i)the same provision for all cases in relation to which the power is exercised, or different provisions for different cases or classes of case, or different provisions for the same case or class of case for different purposes; or
(ii)any such provision either unconditionally or subject to any specified condition.
(5)An Order may be made—
(a)so as to apply—
(i)at all times or at a specified time; or
(ii)to all high consequence dangerous goods or to specified high consequence dangerous goods or a specified class of high consequence dangerous goods; or
(iii)as specified in both sub-paragraphs (i) and (ii);
(b)so as to require a matter affected by the Order to be—
(i)in accordance with a specified standard or specified requirement; or
(ii)approved by or to the satisfaction of a specified person or a specified class of persons; or
(iii)as specified in both sub-paragraphs (i) and (ii);
(c)so as to apply, adopt or incorporate any matter contained in any document issued or published by any person or body whether—
(i)wholly or partially or as amended by the Order; or
(ii)as issued or published at the time the Order is made or at any time before then;
(d)so as to confer a discretionary authority or impose a duty on a specified person or a specified class of persons;
(e)so as to provide in a specified case or class of case for the exemption of persons or things or a class of person or thing from any of the provisions of the Order, whether unconditionally or on specified conditions and either wholly or to such an extent as is specified.
55B.Variation and revocation of orders
(1)The Governor in Council may make an order varying or revoking an order under section 9B.
(2)A variation or revocation order takes effect when notice of it is published in the Government Gazette or on such later date as is specified in it.
(3)As soon as practicable after making a variation or revocation order, the Minister must ensure that notice of the making of the order is published in—
(a)the Government Gazette; and
(b)a newspaper circulating generally throughout the State.
55C.Making and varying of orders about HCDG subject to disallowance
(1)The Governor in Council's power to make an order under section 9B in relation to high consequence dangerous goods or a variation order under section 55B in relation to high consequence dangerous goods is subject to the order being disallowed by the Parliament.
(2)Section 15 and Part 5 of the Subordinate Legislation Act 1994 apply for the purposes of sub-section (1) as though—
(a)an order were a statutory rule (within the meaning of that Act); and
(b)notice of the making of the statutory rule had been published in the Government Gazette when notice of the order or variation order (as the case may be) was published in the Government Gazette.".
15.Regulations about HCDG
In Schedule 2 to the Dangerous Goods Act 1985—
(a)for clause 27(a) substitute—
"(a)the manufacture, storage, sale, use, handling or transfer of dangerous goods;";
(b)after clause 27 insert—
"27A.Without limiting any other powers to make regulations about dangerous goods—
(a)prohibiting or regulating the import, export, supply or disposal of high consequence dangerous goods;
(b)prohibiting the import, export, supply or disposal of high consequence dangerous goods in particular circumstances, or otherwise than in accordance with specified conditions;
(c)requiring licences to be obtained by persons in relation to the import, export, supply or disposal of high consequence dangerous goods;
(d)authorising licences to be issued with respect to all or any activity concerning high consequence dangerous goods required to be licensed;
(e)the employment or prohibition of the employment of persons under a specified age in or in connexion with the import, export, supply or disposal of high consequence dangerous goods;
(f)requiring persons to obtain permits for the handling of or access to high consequence dangerous goods, prescribing the form of application for the permits, the fees which shall be paid for the application for and the issue of the permits, the transfer of permits and the issue of duplicates of the permits, the renewal and amendment of the permits, the conditions, limitations and restrictions which may be or are required to be inserted in the permits, the periods of time for which the permits remain in force, exemptions from the holding of the permits, the persons who may issue the permits and the amendment, suspension and revocation of the permits;
(g)requiring persons applying to obtain permits for the handling of or access to high consequence dangerous goods to provide consent and sufficient information to the Authority for the Authority to obtain known information within the meaning of section 21A concerning the person to determine whether the person is suitable to handle or have access to high consequence dangerous goods;
(h)any act, matter or thing in, at or on any premises used or intended to be used for or in connexion with the import, export, supply or disposal of high consequence dangerous goods;
(i)the mode of construction of any building or structure used or intended to be used for or in connexion with the import, export, supply or disposal of high consequence dangerous goods and requiring the installation and operation of prescribed apparatus or equipment for collecting or preventing the accumulation of dusts, vapours, fumes and gases from high consequence dangerous goods;
(j)prescribing safety distances to separate buildings, structures, containers, equipment or appliances used or intended to be used for or in connexion with the import, export, supply or disposal of high consequence dangerous goods from—
(i)each other;
(ii)roads, streets, paths, railway lines and public places;
(iii)any other place or structure where the public or the place or structure is likely to be endangered by the proximity of the buildings, structures, containers, equipment or appliances or where the place or structure is likely to constitute a hazard to the buildings, structures, containers, equipment or appliances;
(k)the training or courses to be undergone or taken by any persons who are self-employed or employed in or in connexion with the export, supply or disposal of high consequence dangerous goods or who handle or have access to high consequence dangerous goods, the method of approval of the training or courses and the qualifications and registration required to be held by those persons;
(l)prescribing warning notices, instructions or information to be displayed in, on or at any premises, vehicles, ships or boats used for or in connexion with the import, export, supply or disposal of high consequence dangerous goods, the nature and location of such notices, instructions or information and the circumstances in which they are to be displayed or not displayed;
(m)records to be kept by specified persons in respect of the export, supply or disposal of high consequence dangerous goods, the nature of such records and the circumstances in which they are to be kept;
(n)generally prohibiting or regulating access to explosives or high consequence dangerous goods on security grounds or prohibiting or regulating access on security grounds to premises or a place where explosives or high consequence dangerous goods are imported to, exported from, manufactured, stored, sold, supplied, used, handled or transferred, transported or disposed of.
27B.Without limiting the powers to prescribe or provide for or with respect to conditions, limitations or restrictions on licences—
(a)the imposition of conditions as to notifications to the Authority about activities under the licence;
(b)the imposition of conditions as to records to be kept and notified to the Authority;
(c)the imposition of limitations or restrictions on the activities carried out under the licence;
(d)the imposition of conditions as to notifications by a person who holds an HCDG licence to the Authority if the person no longer has a lawful need for access to high consequence dangerous goods that are specified in the person's licence;
(e)the imposition of a condition that a person who holds an HCDG licence must ensure that no person has access to high consequence dangerous goods that the licence relates to unless—
(i)the person is under the supervision of another person who holds an HCDG licence; or
(ii)the person holds an HCDG licence; or
(iii)the person has a permit issued under the regulations to have that access.";
(c)in clause 30, for "Transfer" substitute "Prohibit or regulate the transfer";
(d)in clause 56, after "explosives" insert "or high consequence dangerous goods";
(e)in clause 57, after "into Victoria" (wherever occurring) insert "or the export out of Victoria";
(f)in clauses 57, 65, 66 and 67, after "explosives" (wherever occurring) insert "or high consequence dangerous goods";
(g)in clauses 65, 66 and 67, after "into Victoria" insert "or exported out of Victoria".
16.Road transport of HCDG
In section 9(1A)(a) of the Road Transport (Dangerous Goods) Act 1995 after "explosives" insert "or high consequence dangerous goods".
17.Terrorism (Community Protection) Act 2003
(1)In the Terrorism (Community Protection) Act 2003—
(a)in section 1(c) after "or loss" insert "or discrepancies in quantity";
(b)in the heading to Part 4 for "OF THEFT OR LOSS OF" substitute "ABOUT";
(c)in the heading to section 22 for "of theft or loss of" substitute "about";
(d)in section 22—
(i)after "theft" (wherever occurring) insert ", attempted theft";
(ii)in paragraph (b) for "loss." substitute "loss;";
(e)after section 22(b) insert—
"(c)in the case of a chemical or substance that is prescribed to be high consequence dangerous goods—
(i)must also inform the Victorian WorkCover Authority of that fact without delay; and
(ii)if so requested by the Victorian WorkCover Authority, must also supply a written report to the Authority setting out details of the theft, attempted theft or loss.".
(2)At the end of section 22 of the Terrorism (Community Protection) Act 2003 insert—
"(2)An occupier of any premises, on becoming aware of any attempted theft from those premises of a prescribed chemical or other prescribed substance—
(a)must inform a member of the force of that fact without delay; and
(b)if so requested by a member of the force, must supply a written report to that member setting out details of the attempted theft; and
(c)in the case of a chemical or substance that is prescribed to be high consequence dangerous goods—
(i)must also inform the Victorian WorkCover Authority of that fact without delay; and
(ii)if so requested by the Victorian WorkCover Authority, must also supply a written report to the Authority setting out details of the attempted theft.
Penalty:In the case of a natural person, level 10 fine (10 penalty units maximum);
In the case of a body corporate, 120 penalty units.
(3)An occupier of any premises, on becoming aware in relation to a prescribed chemical or other prescribed substance stored or held at the premises that—
(a)there is a difference between the quantity of the chemical or substance that was acquired by or transferred to the occupier and the actual amount of the chemical or substance stored on the premises; and
(b)the amount of that difference exceeds the prescribed amount for that chemical or substance—
must—
(c)inform a member of the force of that fact without delay; and
(d)if so requested by a member of the force, must supply a written report to that member setting out details of the difference; and
(e)in the case of a chemical or substance that is prescribed to be high consequence dangerous goods—
(i)must also inform the Victorian WorkCover Authority of that fact without delay; and
(ii)if so requested by the Victorian WorkCover Authority, must also supply a written report to the Authority setting out details of the difference.
Penalty:In the case of a natural person, level 10 fine (10 penalty units maximum);
In the case of a body corporate, 120 penalty units.".
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Endnotes
Minister's second reading speech—
Legislative Assembly: 16 September 2004
Legislative Council: 7 October 2004
The long title for the Bill for this Act was "to amend the Dangerous Goods Act 1985 and the Road Transport (Dangerous Goods) Act 1995 to regulate access to high consequence dangerous goods and make further provision for explosives, to amend the Terrorism (Community Protection) Act 2003 to provide for notifications about certain high consequence dangerous goods and for other purposes."
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