Australian Capital Territory
Dangerous Goods Act 1975     No 68
Republication No 8
Republication date: 3 October 2002
Last amendment made by Act 2002 No 30
Amendments incorporated to 17 September 2002

Unauthorised version prepared by ACT Parliamentary Counsel's Office
About this republication
The republished law
This is a republication of the Dangerous Goods Act 1975 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 3 October 2002.  It also includes any amendment, repeal or expiry affecting the republished law to 17 September 2002.  
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 www.legislation.act.gov.au):
•	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.  
When preparing the authorised version of this republication amendments were not 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.

Amendments incorporated to
17 September 2002

Australian Capital Territory
Dangerous Goods Act 1975

Contents
	Page
Part 1	Preliminary
	1	Name of Act	2
	2	Dictionary	2
	3	Application and relationship of Act to other laws	2
Part 2	Administration
	4	Chief inspector	4
	5	Inspectors	4
	6	Analysts	4
	7	Delegation by chief inspector	4
	7A	Identity cards	5
Part 3	Dangerous goods
Division 3.1	Keeping
	8	Licensing of premises	6
	9	Keeping—generally	7
Division 3.2	Transport of dangerous goods
	10	Licensing of vehicles to carry dangerous goods	8
	10A	Transport of small quantities or short trips after import	9
	11	Unlicensed carriage of dangerous goods	9
	12	Transport of dangerous goods generally	10
Division 3.3	General
	14	Negligent or careless use etc	10
Part 4	Special provisions relating to explosives
Division 4.1	Preliminary
	15	Meaning of explosive	11
	16	Declaration of authorised explosives	11
Division 4.2	Import
	17	Import licences and permits	11
	18	Offence of unlicensed importing	13
Division 4.3	Manufacture
	19	Manufacturing licence	13
	20	Offence of unlicensed manufacture	14
Division 4.4	Sale, supply and receipt
	21	Sale licence	15
	22	Authority to sell	15
	23	Offence of unlicensed sale	16
	24	Supply to children	16
	25	Receipt to be authorised	16
Division 4.5	Possession
	26	Possession of explosives	17
Part 5	Licences and permits
	27	Licences—generally	19
	28	Suspension and cancellation	19
	29	Review of decisions	20
	29A	Notification of decisions	21
	30	Offence to lend or allow other person to use licence or permit	22
Part 6	Enforcement
	31	Powers of inspectors	23
	32	Obstruction of inspector etc	26
	33	Proceedings for offences	26
	36	Acts and omissions of representatives	27
	37	Seizure	28
	38	Forfeiture of dangerous goods	29
	40	Evidence	29
Part 7	Miscellaneous
	42	Search warrant	31
	43	Search powers	31
	44	Falsification of records	32
	45	Approved forms	32
	46	Determination of fees	32
	49	Regulation-making power	32
	50	Regulations may apply certain documents etc	35
Dictionary		37
Endnotes
	1	About the endnotes	40
	2	Abbreviation key	40
	3	Legislation history	41
	4	Amendment history	44
	5	Earlier republications	52

Amendments incorporated to
17 September 2002

Australian Capital Territory
Dangerous Goods Act 1975

An Act relating to explosives and other dangerous substances and articles, and for related purposes

    

Part 1	Preliminary
    
1	Name of Act
This Act is the Dangerous Goods Act 1975.
2	Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1	The dictionary at the end of this Act defines certain words and expressions used in this Act, and includes references (signpost definitions) to other words and expressions defined elsewhere in this Act.
	For example, the signpost definition ‘director—see the Corporations Act, section 9.’ means that the expression ‘director’ is defined in that section and the definition applies to this Act.
Note 2	A 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 2001 Act 1967, s 155 and s 156 (1)).
3	Application and relationship of Act to other laws
	(1)		This Act is additional to any other law about dangerous goods in force in the ACT.
	(2)	If a provision of any other Territory law is inconsistent with a provision of this Act, the provision of this Act prevails to the extent of the inconsistency.
	(3)	However, if a provision of an overriding law is inconsistent with a provision of this Act, the provision of the overriding law prevails to the extent of the inconsistency.
	(4)	This Act does not apply to a member of the Defence Force acting in the course of his or her duties as a member.
	(5)	This Act does not apply to the transport of dangerous goods by road.
	(6)	In subsection (5):
dangerous goods does not include a substance or article declared by the regulations to be a dangerous good to which this definition applies.
transport, in relation to dangerous goods, includes—
	(a)	the packing, loading and unloading of the goods, and the transfer of the goods to or from a vehicle, for the purpose of their transport; and
	(b)	the marking of packages and unit loads containing dangerous goods, and the placarding of containers and vehicles in which dangerous goods are transported; and
	(c)	other matters incidental to their transport.
	(7)	In this section:
overriding law means—
	(a)	the Occupational Health and Safety Act 1989; or
	(b)	regulations made under that Act; or
Note	On the republication date, the following regulations were in force:
·	the Occupational Health and Safety Regulations 1991;
·	the Occupational Health and Safety (Certification of Plant Users and Operators) Regulations 2000;
·	the Occupational Health and Safety (Manual Handling) Regulations 1997.
	(c)	the Scaffolding and Lifts Act 1912; or
	(d)	the Scaffolding and Lifts Regulations 1950.

Part 2	Administration
    
4	Chief inspector
	(1)	The chief executive must appoint a public servant as the Chief Inspector of Dangerous Goods.
	(2)	The chief inspector is also an inspector.
Note 1 	For the making of appointments (including acting appointments), see Legislation Act 2001, pt 19.3. 
Note 2	In particular, a person may be appointed for a particular provision of a law (see Legislation Act 2001, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see s 207).
5	Inspectors
The chief executive must appoint a public servant as an inspector for this Act.
6	Analysts
The chief executive may appoint a public servant as an analyst for this Act.
7	Delegation by chief inspector
The chief inspector may delegate the chief inspector’s functions under this Act to an inspector or another public servant.
Note	For the making of delegations and the exercise of delegated functions, see Legislation Act 2001, pt 19.4.
7A	Identity cards
	(1)	The chief executive must issue an inspector with an identity card that shows—
	(a)	a recent photograph of the person; and
	(b)	the name of the person.
	(2)	A person who ceases to be an inspector must return his or her identity card to the chief executive as soon as practicable, but within 7 days, after ceasing to be an inspector.
Maximum penalty (subsection (2)):  1 penalty unit.

Part 3	Dangerous goods
Division 3.1	Keeping
8	Licensing of premises
	(1)	Subject to this section, the chief inspector may issue licences for the keeping of dangerous goods in premises.
Note	The definition of in premises includes on the premises (see the dict).
	(2)	The chief inspector shall not issue a licence under this section for the keeping of dangerous goods in premises unless, having made due inquiry, the chief inspector is satisfied that—
	(a)	the applicant is a fit and proper person to hold the licence; and
	(b)	the composition, construction and dimensions of the premises in which it is proposed to keep the goods are such as to ensure the safe keeping of the goods in those premises and the safety of the public; and
	(c)	all reasonable precautions have been taken, or are proposed to be taken, to ensure the safe keeping of the goods in the premises and the safety of the public.
	(3)	The chief inspector shall not issue a licence under this section unless it specifies—
	(a)	the person to whom it is issued; and
	(b)	the dangerous goods or the class or classes of dangerous goods that may be kept; and
	(c)	the premises in which the dangerous goods may be kept.
	(4)	While a licence under this section is in force, the premises specified in the licence are premises licensed under this section for the keeping of the dangerous goods or dangerous goods of the class or classes so specified.
9	Keeping—generally
	(1)	A person shall not keep dangerous goods except—
	(a)	in premises licensed under section 8 for the keeping of the dangerous goods; or
	(b)	in premises licensed under section 19 for the manufacture of explosives; or
	(c)	in the quantities and in the way and subject to the conditions that may be prescribed for this section in relation to the goods.
Maximum penalty:  50 penalty units, imprisonment for 6 months or both.
	(2) 	The owner of dangerous goods kept in contravention of subsection (1) also commits an offence unless the owner satisfies the court that the goods were kept in contravention of subsection (1) without the owner’s knowledge.
Maximum penalty:  50 penalty units, imprisonment for 6 months or both.
	(3) 	The occupier of the place where dangerous goods are kept in contravention of subsection (1) also commits an offence unless the occupier satisfies the court that the goods were kept in contravention of subsection (1) without the occupier’s knowledge.
Maximum penalty:  50 penalty units, imprisonment for 6 months or both.
	(4)	A person does not commit an offence against this section if the person satisfies the court that, at the time the alleged offence occurred, the dangerous goods in relation to which the offence is alleged to have been committed were being transported in accordance with this Act.
Note 	A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations (see Legislation Act 2001, s 104).
Division 3.2	Transport of dangerous goods
Note	The definition of in a vehicle includes on the vehicle (see the dict).
10	Licensing of vehicles to carry dangerous goods
	(1)	Subject to this section, the chief inspector may issue licences authorising the carriage of dangerous goods.
	(2)	The chief inspector shall not issue a licence under this section authorising the carriage of dangerous goods unless, having made due inquiry, the chief inspector is satisfied that—
	(a)	the applicant is a fit and proper person to hold the licence; and
	(b)	the construction of the vehicle in which it is proposed to carry the goods and the design, composition and construction of the container in which it is proposed to carry the goods are such as to ensure the safety of the goods and of the public during the course of the carriage of the goods; and
	(c)	all reasonable precautions have been taken, to ensure the safe carriage of the goods and the safety of the public.
	(3)	The chief inspector shall not issue a licence under this section unless it specifies—
	(a)	the person to whom it is issued; and
	(b)	the dangerous goods or the class or classes of dangerous goods the person is authorised to carry; and
	(c)	the container in which the person is authorised to carry the dangerous goods (whether by reference to a vehicle of which it forms part, or otherwise).
	(4)	While a licence under this section is in force—
	(a)	the person to whom it was issued; and
	(b)	any employee of that person acting in the course of his or her employment by that person; and
	(c)	if that person is a corporation—any person acting in his or her capacity as a director of the corporation;
are authorised to carry the goods or goods of the class or classes specified in the licence in the container so specified but only when they are carrying the goods in accordance with the terms and conditions(if any) of the licence.
10A	Transport of small quantities or short trips after import
	(1)	Nothing in section 10 shall be taken to require a licence for the transport of dangerous goods in the circumstances specified in the Road Transport Reform (Dangerous Goods) Regulations 1997 (Cwlth), regulations 1.10 and 1.11. 
	(2)	In subsection (1):
transport, in relation to dangerous goods, includes—
	(a)	the packing, loading and unloading of the goods, and the transfer of the goods to or from a vehicle, for the purpose of their transport; and
	(b)	the marking of packages and unit loads containing dangerous goods, and the placarding of containers and vehicles in which dangerous goods are transported; and
	(c)	other matters incidental to their transport.
11	Unlicensed carriage of dangerous goods
A person must not carry dangerous goods prescribed under the regulations for this section in a container that is in, or forms part of, a vehicle unless the person is authorised under section 10 (3) to carry the dangerous goods in the container.
Maximum penalty:  50 penalty units.
12	Transport of dangerous goods generally
	(1)	A person transporting dangerous goods must take the precautions necessary to prevent access to the goods by people who are not entitled to have lawful access to them.
Maximum penalty:  50 penalty units.
	(2)	A person must not transport dangerous goods unless any container or vehicle in which the goods are transported is constructed and maintained, and the goods enclosed, so as to prevent the escape of any part of the goods during the ordinary course of their transport.
Maximum penalty:  100 penalty units.
	(3)	Subsection (2) is subject to any regulation about the venting of dangerous goods.
	(4)	This section does not affect the power to make regulations about the transport of dangerous goods.
Division 3.3	General
14	Negligent or careless use etc
A person shall not abandon or negligently or carelessly prepare for use, pack, keep, transport or use any dangerous goods in such a manner or in such circumstances as—
	(a)	to endanger or be likely to endanger the life of any person; or
	(b)	to cause or be likely to cause injury to any person; or
	(c)	to damage or be likely to cause damage to any property not belonging to the firstmentioned person, other than property the owner of which has consented to its damage, proof of which shall lie on the firstmentioned person.
Maximum penalty:  100 penalty units, imprisonment for 1 year or both.

Part 4	Special provisions relating to explosives
Division 4.1	Preliminary
15	Meaning of explosive
In a division of this part, except division 4.3 and this division:
explosive does not include any explosive prescribed as an explosive in respect of which the division does not apply.
16 	Declaration of authorised explosives
	(1) 	The Minister may, in writing, declare explosives to be authorised explosives for division 4.2.
	(2) 	A declaration may prescribe explosives by reference to—
	(a)	their class; or
	(b)	their quantity; or
	(c)	the circumstances in which, or other than in which, they are authorised explosives.
	(3) 	A declaration is a notifiable instrument.
Note 	A notifiable instrument must be notified under the Legislation Act 2001.
Division 4.2	Import
17	Import licences and permits
	(1)	Subject to this section, the chief inspector may issue licences authorising the importation of authorised explosives into the ACT.
	(2)	Subject to this section, the chief inspector may issue permits authorising the importation into the ACT of explosives other than authorised explosives.
	(3)	The chief inspector shall not issue a licence or permit under this section authorising the importation into the ACT of explosives unless, having made due inquiry, the chief inspector is satisfied—
	(a)	that the applicant is a fit and proper person to hold the licence or permit; and
	(b)	that the purpose for which it is intended to import the explosive into the ACT is not contrary to the public interest; and
	(c)	all reasonable precautions have been taken, or are proposed to be taken, to ensure the safety of the goods and of the public during the course of the importation of the goods.
	(4)	The chief inspector shall not issue a licence or permit under this section unless it specifies—
	(a)	the person authorised to import an explosive; and
	(b)	the explosive or the class or classes of explosives that the person is authorised to import.
	(5)	While a licence or permit under this section is in force—
	(a)	the person to whom it was issued; and
	(b)	any employee of that person acting in the course of his or her employment by that person; and
	(c)	if that person is a corporation—any person acting in his or her capacity as a director of the corporation;
are authorised to import the explosive or an explosive of the class or classes specified in the licence or permit but only when they import the explosive in accordance with the terms and conditions (if any) of the licence or permit, as the case may be.
18	Offence of unlicensed importing
A person shall not import an explosive into the ACT unless the person is authorised by section 17 (4) to import the explosive.
Maximum penalty:  100 penalty units, imprisonment for 1 year or both.
Division 4.3	Manufacture
19	Manufacturing licence
	(1)	Subject to this section, the chief inspector may issue licences authorising the manufacture of explosives in premises.
	(2)	The chief inspector shall not issue a licence under this section for the manufacture of explosives in premises unless, having made due inquiry, the chief inspector is satisfied that—
	(a)	the applicant is a fit and proper person to hold the licence; and
	(b)	the composition, construction and dimensions of the premises in which it is proposed to manufacture the explosives are such as to ensure the safe keeping and manufacture of the explosives in those premises and the safety of the public; and
	(c)	all reasonable precautions have been taken, or are proposed to be taken, to ensure the safe keeping and manufacture of the explosives in the premises and the safety of the public.
	(3)	The chief inspector shall not issue a licence under this section unless it specifies—
	(a)	the person to whom it is issued; and
	(b)	the explosive or the class or classes of explosives the person is authorised to manufacture; and
	(c)	the premises in which the person is authorised to manufacture the explosive.
	(4)	While a licence under this section is in force—
	(a)	the person to whom it was issued; and
	(b)	any employee of that person acting in the course of his or her employment by that person; and
	(c)	if that person is a corporation—any person acting in his or her capacity as a director of the corporation;
are authorised to manufacture the explosive or an explosive of the class or classes specified in the licence in the premises so specified but only when they manufacture the explosive in accordance with the terms and conditions (if any) of the licence.
20	Offence of unlicensed manufacture
	(1)	Subject to subsection (2), a person shall not manufacture any explosive unless the person is authorised by section 19 (4) to manufacture the explosive.
Maximum penalty:  100 penalty units, imprisonment for 1 year or both.
	(2)	A person is not guilty of an offence against subsection (1) if the person presents evidence, which is not rebutted by the prosecution, that the act alleged to have constituted the offence was—
	(a)	the manufacture, at a government or industrial laboratory or a laboratory of an educational institution and under the supervision of a qualified person, of a quantity of explosive not exceeding an amount reasonably necessary for the purpose of chemical experiment and not intended for sale; or
	(b)	the filling, in the prescribed way, of safety cartridges that were not intended for sale; or
	(c)	the reconditioning of an explosive under the supervision of an inspector; or
	(d)	the blending, at or near the place of use and in the prescribed way, of the non-explosive components of an explosive.
Division 4.4	Sale, supply and receipt
21	Sale licence
	(1)	Subject to this section, the chief inspector may issue licences authorising the sale of explosives.
	(2)	The chief inspector shall not issue a licence under this section authorising the sale of explosives unless, having made due inquiry, the chief inspector is satisfied that—
	(a)	the applicant is a fit and proper person to hold the licence; and
	(b)	all reasonable precautions have been taken, or are proposed to be taken, to ensure the safe keeping of the explosives pending sale and the safety of the public.
	(3)	The chief inspector shall not issue a licence under this section unless it specifies—
	(a)	the person to whom it is issued; and
	(b)	the explosive or the class or classes of explosives the person is authorised to sell.
22	Authority to sell
While a licence under section 8, 17, 19 or 21 is in force—
	(a)	the person to whom it was issued; and
	(b)	any employee of that person acting in the course of his or her employment by that person; and
	(c)	if that person is a corporation—any person acting in his or her capacity as a director of the corporation;
are authorised to sell any explosive or an explosive of any class or classes specified in the licence but only when they sell the explosive in accordance with the terms and conditions (if any) of the licence, and, for a licence under section 8, 17 or 19, when the licence does not contain a condition prohibiting the sale of the explosive.
23	Offence of unlicensed sale
A person shall not sell any explosive unless the person is authorised by section 22 to sell the explosive.
Maximum penalty:  100 penalty units, imprisonment for 1 year or both.
Note	Sell has an expanded meaning that includes offer for sale, expose for sale and supply (see the dict).
24	Supply to children
	(1)	A person shall not sell or otherwise supply any explosive to a person who is under 18 years old.
Maximum penalty:  100 penalty units, imprisonment for 1 year or both.
	(2)	A person shall not be convicted of an offence against subsection (1) if the person presents evidence that the person believed on reasonable grounds that the person in relation to whom the offence was committed was at least 18 years old and that evidence is not rebutted by the prosecution.
25	Receipt to be authorised
	(1)	Subject to subsections (2) and (3), a person shall not—
	(a)	supply an explosive to another, unless at the time of supply the person to whom the explosive is supplied; or
	(b)	receive an explosive, knowing it to be an explosive, unless at the time of receipt the person; 
is authorised under the regulations to receive the explosive.
Maximum penalty:  100 penalty units, imprisonment for 1 year or both.
	(2)	A person is not guilty of an offence against subsection (1) relating to the supply of an explosive if the person satisfies the court that the person believed on reasonable grounds that the person to whom the explosive was supplied was authorised by or under the regulations to receive the explosive.
	(3)	A person shall not be found guilty of an offence relating to the unauthorised receipt of an explosive under subsection (1) and of an offence of having the same explosive in his or her possession, control or custody under section 26 (1).
Division 4.5	Possession
26	Possession of explosives
	(1)	A person must not possess explosives.
Maximum penalty:  100 penalty units, imprisonment for 1 year or both.
Note	Section 25 (3) provides that a person must not be found guilty of an offence relating to the unauthorised receipt of an explosive under s 25 (1) and of an offence of having the same explosive in his or her possession, control or custody under this subsection.
	(2)	A person is not guilty of an offence against subsection (1) if the person presents evidence, which is not rebutted by the prosecution, that the person—
	(a)	was authorised under the regulations to receive the explosives to which the alleged offence relates; or
	(b)	did not know that the explosives were in his or her possession; or
	(c)	received the explosives in any other lawful way; or
	(d)	manufactured the explosives lawfully.
	(3)	For this section, a person shall be treated as being in possession of an explosive if—
	(a)	the explosive is kept in any premises occupied by the person; or
	(b)	the person has the custody, use or control of the explosive.

Part 5	Licences and permits
    
27	Licences—generally
	(1)	Subject to this section, the chief inspector may, from time to time, renew a licence.
	(2)	The chief inspector shall refuse to renew a licence if satisfied of the existence of any ground on which an application for the issue of the licence could be refused.
	(3)	A licence is subject to—
	(a)	any condition prescribed under the regulations that applies to the licence; and
	(b)	any condition that is stated in the licence by the chief inspector.
	(4)	A licence is in force for the period or periods specified in the licence, not exceeding 3 years from the date of issue or any renewal, unless it is sooner cancelled by the chief inspector under section 28 (3) or 32 (2).
28	Suspension and cancellation
	(1)	If the holder of a licence or permit is proceeded against for an offence against this Act, or has failed to comply with a lawful direction or requirement of an inspector, the chief inspector may suspend the licence or permit until the proceeding has been disposed of or, as the case may be, until the direction or requirement has been complied with.
	(2)	A licence or permit is not in force during any period of its suspension.
	(3)	The chief inspector may cancel a licence or permit if satisfied that—
	(a)	the holder of the licence or permit has been convicted or found guilty of an offence against this Act or any other Commonwealth, State or Territory law (including a law of another Territory) about dangerous goods; or
	(b)	there exist grounds on which the application for the issue of the licence or permit could have been refused had the existence of those grounds been known at the time the licence or permit was issued; or
	(c)	the application for the issue of the licence or permit contained a statement that was false or misleading in a material particular; or
	(d)	the holder of the licence or permit has breached a condition of the licence or permit;
or if the holder of the licence or permit surrenders the licence or permit to the chief inspector.
29	Review of decisions
Application may be made to the administrative appeals tribunal for review of a decision of the chief inspector—
	(a)	under section 8 (1) to refuse to issue a licence for the keeping of dangerous goods; or
	(b)	under section 8 (1) to issue a licence for the keeping of dangerous goods subject to terms and conditions imposed under section 27 (3); or
	(c)	under section 10 (1) to refuse to issue a licence authorising the carriage of dangerous goods; or
	(d)	under section 10 (1) to issue a licence authorising the carriage of dangerous goods subject to terms and conditions imposed under section 27 (3); or
	(e)	under section 17 (1) to refuse to issue a licence authorising the importation of explosives; or
	(f)	under section 17 (1) to issue a licence for the importation of explosives subject to terms and conditions imposed under section 27 (3); or
	(g)	under section 17 (2) to refuse to issue a permit for the importation of explosives; or
	(h)	under section 19 (1) to refuse to issue a licence for the manufacture of explosives; or
	(i)	under section 19 (1) to issue a licence for the manufacture of explosives subject to terms and conditions imposed under section 27 (3); or
	(j)	under section 21 (1) to refuse to issue a licence for the sale of explosives; or
	(k)	under section 21 (1) to issue a licence for the sale of explosives subject to terms and conditions imposed under section 27 (3); or
	(l)	under section 27 (1) to refuse to renew a licence; or
	(m)	under section 27 (4) to issue a licence for a period of less than 3 years; or
	(n)	under section 28 (1) to suspend a licence or permit; or
	(o)	under section 28 (3) to cancel a licence or permit.
29A	Notification of decisions
	(1)	If the chief inspector makes a decision referred to in section 29, the chief inspector shall give notice of the decision to a person whose interests are affected by the decision.
	(2)	A notice under subsection (1) shall be in accordance with the requirements of the code of practice in force under the Administrative Appeals Tribunal Act 1989, section 25B (1).
30	Offence to lend or allow other person to use licence or permit
A person to whom a licence or permit is issued must not—
	(a)	lend the licence or permit to anyone else; or
	(b)	allow the licence or permit to be used by anyone else for a purpose for which it was issued.
Maximum penalty:  50 penalty units.

Part 6	Enforcement
Note for pt 6	
The definition of in a vehicle or premises includes on the vehicle or premises (see the dict).

31	Powers of inspectors
	(1)	An inspector or a police officer may at any reasonable time do any of the following:
	(a)	subject to subsection (2), enter and search any premises or vehicle, or examine any container, fixture or fitting, in which the inspector or police officer suspects on reasonable grounds that dangerous goods may be found;
	(b)	subject to subsection (3), take without payment, for the purpose of examination or testing, samples of any substance or article that is a dangerous good or that the inspector or police officer suspects on reasonable grounds is a dangerous good or an ingredient of a dangerous good, and, in exercising his or her powers under this paragraph, open any container;
	(c)	subject to subsection (3), seize, remove or detain any substance or article that the inspector or police officer suspects on reasonable grounds to be dangerous goods and any container or vehicle in which the substance or article is being kept or transported, if he or she suspects on reasonable grounds that there has been a contravention of this Act in relation to the substance or article;
	(d)	for the purposes of paragraph (c), direct the occupier of any premises where the substance or article is seized, or the owner of the substance or article, to keep it on those premises or on other premises, or in a place on such premises, being premises or a place under the control of the occupier or owner and where the inspector or police officer is reasonably satisfied the substance or article may be kept with least danger to the public safety;
	(e)	give directions in relation to the detention of any substance, article, container or vehicle that has been detained under paragraph (c);
	(f)	give to the occupier or licensee of licensed premises directions (including written directions) in relation to the premises or the keeping of dangerous goods in the premises;
	(g)	with the consent of the Minister, and at the cost of the owner or person in possession of the dangerous goods, destroy or render harmless or give directions for the destruction or rendering harmless of, any dangerous goods if—
	(i)	the inspector or police officer believes on reasonable grounds that it is necessary in the public interest or for the safety of any person so to do; or
	(ii)	the owner of the goods authorises the inspector or police officer in writing so to do;
	(h)	exercise the power given to the inspector or police officer by paragraph (g) without the consent of the Minister if imminent danger to the public or any person exists;
	(i)	make inquiries and require persons to answer questions relating to compliance with this Act;
	(j)	if loss of life, injury to a person, damage to any property or danger to the public occurs involving dangerous goods—make the inquiries relating to that loss of life, injury, damage or danger that the inspector or police officer believes on reasonable grounds to be necessary and, subject to subsection (2), for that purpose enter any premises or vehicle;
	(k)	require the production of any licence or permit or any book, record or writing required by the regulations to be held or kept and inspect, examine and take copies of or extracts from it.
	(2)	Unless an inspector or a police officer believes on reasonable grounds there is imminent danger to the public or to anyone, the inspector or police officer must not enter a house under the power given under subsection (1) (a) or (j) except under the authority of a search warrant issued under section 42.
	(3)	An inspector or a police officer may take samples of substances or articles under subsection (1) (b), or remove substances, articles, containers or vehicles under subsection (1) (c), that appear to be in someone’s custody only if the inspector or police officer gives (or offers to give) the person a receipt.
	(4)	The amount of the cost of destroying or rendering harmless any dangerous goods under subsection (1) (g) is an amount payable to the Territory by the owner or person in possession of the dangerous goods.
	(6)	A person is not excused from answering a question that the person is required to answer by an inspector under subsection (1) (i) on the ground that the answer to the question would incriminate, or would tend to incriminate, the person but no such answer may be used in any proceedings against the person, other than in proceedings for an offence against section 32 (1) (e).
	(7)	An inspector who enters premises or a vehicle under this section is not authorised to remain in the premises or vehicle, and a person is not required to comply with any requirement made by the inspector under this section, if the inspector does not produce his or her identity card for inspection when asked to do so by the occupier or person in charge of the premises or vehicle.
32	Obstruction of inspector etc
	(1)	A person shall not, without reasonable excuse—
	(a)	fail to admit an inspector or police officer in the exercise of his or her authority under section 31 or under the authority of a search warrant issued under section 42; or
	(b)	wilfully obstruct or delay an inspector or a police officer in the exercise of any power under section 31; or
	(c)	fail to comply with any reasonable direction or requirement of an inspector or a police officer under section 31; or
	(d)	prevent, or attempt to prevent, a person from appearing before, or complying with a direction or requirement of, an inspector or a police officer under section 31; or
	(e)	wilfully give a false or misleading answer in purported compliance with a requirement of an inspector or a police officer under section 31 (1) (i).
Maximum penalty:
	(a)	for paragraph (a), (c) or (e)—50 penalty units; or
	(b)	for paragraph (b) or (d)—50 penalty units, imprisonment for 6 months or both.
	(2)	If the licensee of any premises licensed under this Act fails to comply with any instruction in writing given by an inspector or a police officer under section 31 (1) (f) within the period specified in the instruction, the chief inspector may cancel the licence relating to the premises.
33	Proceedings for offences
	(1)	Proceedings for an offence against this Act may be dealt with summarily.
	(3)	Subject to subsection (4), proceedings for an offence against this Act may be instituted within 2 years after the act or omission alleged to constitute the offence.
	(4)	If a coroner’s inquest or inquiry is held and it appears from the coroner’s findings or report, or from proceedings at the inquest or inquiry, that an offence has been committed against this Act, proceedings for the offence may be begun in the Magistrates Court at any time before the third anniversary of the day the findings were recorded, or the report was made, whichever occurs later.
	(5)	Subsection (4) applies to an offence against this Act whether the act or omission alleged to constitute the offence occurred before or after the commencement of that subsection.
36	Acts and omissions of representatives
	(1)	In this section:
executive officer, of a corporation, means a person, by whatever name called and whether or not the person is a director of the corporation, who is concerned with, or takes part in, the corporation’s management.
representative means—
	(a)	for a corporation—an executive officer, employee or agent of the corporation; or
	(b)	for an individual—an employee or agent of the individual.
state of mind, of a person, includes—
	(a)	the person’s knowledge, intention, opinion, belief or purpose; and
	(b)	the person’s reasons for the intention, opinion, belief or purpose.
	(2)	This section applies to a prosecution for any offence against this Act.
	(3)	If it is relevant to prove a person’s state of mind about an act or omission, it is enough to show—
	(a)	the act was done or omission made by a representative of the person within the scope of the representative’s actual or apparent authority; and
	(b)	the representative had the state of mind.
	(4)	An act done or omitted to be done on behalf of a person by a representative of the person within the scope of the representative’s actual or apparent authority is taken to have been done or omitted to be done also by the person, unless the person establishes that reasonable precautions were taken and appropriate diligence was exercised to avoid the act or omission.
	(5)	An individual who is convicted of an offence cannot be punished by imprisonment for the offence if the individual would not have been convicted of the offence without subsection (3) or (4).
37	Seizure
	(1)	An inspector or a police officer may keep any dangerous goods or containers seized under section 31 (1) (c) until the end of 60 days after the seizure or, if proceedings for an offence against this Act in relation to those dangerous goods are instituted within that period, until the proceedings (including any appeal in relation to those proceedings) are terminated.
	(2)	The Minister may authorise any dangerous goods or containers seized under section 31 (1) (c) to be released to the owner or to the person from whose possession the dangerous goods or containers were seized, either unconditionally or on the conditions the Minister considers appropriate, including, for dangerous goods, conditions as to the giving of security for payment of their value if they are forfeited under section 38.
38	Forfeiture of dangerous goods
	(1)	If a court convicts a person, or finds a person guilty, of an offence against this Act, in relation to dangerous goods, the court may order the forfeiture of the goods to the Territory.
	(2)	The forfeiture of any dangerous goods under subsection (1) extends to the forfeiture of any containers in which the dangerous goods are contained.
	(3)	Any dangerous goods forfeited under this section may be sold or otherwise disposed of as the Minister considers appropriate.
40	Evidence
	(1)	A certificate of an analyst stating that the analyst has analysed or examined a substance and stating the results of his or her analysis is, for this Act (including any proceedings for an offence against this Act), evidence of the facts stated in the certificate and of the correctness of the results of the analysis or examination.
	(2)	A document purporting to be a certificate referred to in subsection (1) shall, unless the contrary is proved, be taken to be such a certificate.
	(3)	In proceedings for an offence against this Act—
	(a)	a certificate purporting to be signed by a prescribed officer and to certify—
	(i)	that a licence or permit of the description specified in the certificate has, or has not, been issued or transferred under this Act to any person so specified, and, for a licence or permit that has been so issued or transferred, the date of issue or transfer of the licence or permit, any terms, conditions and other particulars contained in the licence or permit and any date or period on, or during, which the licence was, or was not, in force; or
	(ii)	that a person specified in the certificate was an inspector on any date, or during any period, specified in the certificate;
shall be evidence of the facts so certified; and
	(b)	a printed document that is or purports to be a standard, rule, code or specification of a body mentioned in section 50 (1) (b) and that has been or purports to have been published or issued by or on behalf of that body is admissible as evidence in those proceedings and, in the absence of evidence to the contrary, is proof of that standard, rule, code or specification.

Part 7	Miscellaneous
    
42	Search warrant
	(1)	On a complaint made on oath by an inspector or a police officer that the inspector or police officer suspects on reasonable grounds that a breach of this Act has been or is being committed, or that preparation has been or is being made to commit such a breach, in any dwelling house, a Magistrate may issue a search warrant authorising the inspectors or police officers named in the warrant at any time or times within 14 days from the date of issue of the warrant to enter, if need be by the use of reasonable force, the dwelling house named in the warrant, and to search the dwelling house and any vehicle, fixture, fittings or people in the house.
	(2)	A female shall not be searched under this section except by a female.
43	Search powers
	(1)	If a police officer suspects on reasonable grounds that a person is carrying on his or her person an explosive in contravention of this Act, the officer may detain and search the person.
	(2)	If a police officer suspects, on reasonable grounds, that an explosive is being carried in a vehicle in contravention of this Act, the officer may stop and search the vehicle.
	(3)	A female shall not be searched under this section except by a female.
44	Falsification of records
A person shall not, with intent to deceive—
	(a)	obliterate, alter or falsify any entry or signature in a book or record required by this Act to be kept or made; or
	(b)	make a false or misleading entry in any such book or record.
Maximum penalty:  50 penalty units, imprisonment for 6 months or both.
45	Approved forms
	(1) 	The chief inspector may, in writing, approve forms for this Act.
	(2) 	If the chief inspector approves a form for a particular purpose, the approved form must be used for the purpose.
Note	For other provisions about forms, see Legislation Act 2001, s 255.
	(3) 	An approved form is a notifiable instrument.
Note 	A notifiable instrument must be notified under the Legislation Act 2001.
46 	Determination of fees
	(1) 	The Minister may, in writing, determine fees for this Act.
Note	The Legislation Act 2001 contains provisions about the making of determinations and regulations relating to fees (see pt 6.3).
	(2) 	A determination is a disallowable instrument.
Note 	A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001.
49	Regulation-making power
	(1)	The Executive may make regulations for this Act.
Note	Regulations must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001.
	(2)	The regulations may make provision in relation to—
	(a)	the issue, renewal, suspension, cancellation, duration and terms of permits and licences and the conditions subject to which they are issued; and
	(b)	the import or export of dangerous goods into or from the ACT; and
	(c)	the preparation for use, packing, keeping, transport, manufacture, use, sale, abandonment, disposal, destruction and rendering harmless of dangerous goods and containers that are intended for use, are being used or have been used in connection with dangerous goods; and
	(d)	the design, construction, cleanliness, venting, ventilation, marking and maintenance of vehicles, containers, pipelines and any other equipment or things that are intended for use, are being used or have been used in connection with dangerous goods; and
	(e)	regulating the installation, alteration, connection and disconnection of containers, pipelines and any other equipment or things that are intended for use, are being used or have been used in connection with dangerous goods; and
	(f)	the siting, design, construction, ventilation, illumination, fittings, fixtures and management of premises intended for use or used in connection with dangerous goods; and
	(g)	regulating smoking, the lighting or use of fire and any other dangerous, or potentially dangerous, activities near dangerous goods and in or near premises, vehicles, containers or pipelines used or that have been used in relation to dangerous goods; and
	(h)	prescribing the procedures to be followed in relation to any premises licensed under this Act that cease to be so licensed and the persons by whom those procedures are to be followed; and
	(i)	the provision, maintenance, testing and use of safety and first aid facilities, including firefighting equipment, in any licensed premises, in a vehicle or container used for the transport of dangerous goods and in prescribed circumstances involving a risk of injury or damage arising from dangerous goods; and
	(j)	prescribing the procedures to be followed in the event of an escape or a spillage of dangerous goods or of damage to any vehicle, container, pipeline or other equipment or thing while being used in connection with dangerous goods; and
	(k)	applications to have an explosive declared to be an authorised explosive under section 16; and
	(l)	the inspection, examination and testing of dangerous goods and equipment intended for use or used in connection with those matters; and
	(m)	the driving of vehicles, and the navigation and mooring of vessels, transporting dangerous goods; and
	(n)	the making, keeping, production and inspection of records relating to dangerous goods and the furnishing of returns and other information relating to dangerous goods.
	(3)	The regulations may also prescribe offences for contraventions of the regulations and may prescribe maximum penalties of not more than 10 penalty units for offences against the regulations.
	(4)	A regulation may—
	(a)	exempt a person from the regulations; and
	(b)	give a prescribed person power to give an exemption from the regulations.
	(5)	Dangerous goods or explosives may be prescribed by reference to—
	(a)	a class of substances, articles, dangerous goods or explosives; or
	(b)	the circumstances in which, or other than in which, substances, articles, dangerous goods or explosives are or are not dangerous goods or explosives; or
	(c)	a quantity; or
	(d)	a flashpoint.
	(6)	Subsection (5) does not limit how dangerous goods or explosives may be prescribed.
50	Regulations may apply certain documents etc
	(1)	The regulations may apply, adopt or incorporate an instrument (including standards, rules, codes or specifications), or a provision of an instrument, as in force from time to time—
	(a)	that is approved in writing by the Minister; or
	(b)	that has been recommended or adopted by—
	(i)	the American Petroleum Institute; or
	(ii)	the British Standards Institution; or
	(iii)	the Institute of Petroleum; or
	(iv)	Standards Australia.
Note 1	The text of an applied, adopted or incorporated law or instrument, whether applied as in force from time to time or as at a particular time, is taken to be a notifiable instrument if the operation of the Legislation Act 2001, s 47 (5) or (6) is not disapplied (see s 47 (7)).
Note 2	A notifiable instrument must be notified under the Legislation Act 2001.
	(2)	If an instrument (or a provision of an instrument) adopted under subsection (1) refers to a temperature reading under the Fahrenheit scale, the reading must, unless the contrary intention appears, be applied as a reading under the Celsius scale that is—
	(a)	its equivalent; or
	(b)	if the equivalent is not a whole number—the next highest whole number.
	(3)	An approval under subsection (1) (a) is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act 2001.

Dictionary
(see s 2)
Note 1	The Legislation Act 2001 contains definitions and other provisions relevant to this Act.
Note 2	In particular, the Legislation Act 2001, dict, pt 1, defines the following terms:
·	chief executive
·	corporation
·	function
·	person
·	public servant.
analyst means a person who is appointed as an analyst under section 6.
chief inspector means a person who is the chief inspector under section 4.
container includes any receptacle and any covering.
dangerous goods means any substance or article prescribed as dangerous goods for this Act.
director—see the Corporations Act, section 9.
explosive means any dangerous goods prescribed as an explosive for this Act.
flashpoint, in relation to any substance, means the lowest temperature at which the substance, when tested in a prescribed type of apparatus in a prescribed way, liberates a vapour at a rate sufficient to produce an explosive mixture with the air that is in immediate contact with the substance.
identity card means an identity card issued under section 7A.
in a vehicle or premises includes on the vehicle or premises.
inspector means a person who is an inspector under section 5.
licence means a licence under this Act.
manufacture, in relation to any explosive, includes the blending together of any substances to make the explosive, the breaking up of the explosive and the remaking, altering or repairing of the explosive.
permit means a permit under this Act.
pipeline means any—
	(a)	pipe; or
	(b)	system of pipes;
less than 10km in length, other than a pipe or system of pipes constructed or required to be constructed under, or under an authority granted under, any other Territory law.
premises means all or part of any land, structure (including a portable structure), building or enclosed place. 
safety cartridges means cartridges for guns, rifles, pistols, revolvers or other small arms, the case of which can be extracted from the small arm after firing, and which are so enclosed as to prevent any explosion in one cartridge being communicated to other cartridges.
sell includes—
	(a)	offer for sale; and
	(b)	expose for sale; and
	(c)	barter (or offer or expose for barter); and
	(d)	exchange (or offer or expose for exchange); and
	(e)	supply for value (or offer or expose for supply for value); and
	(f)	supply for free (or offer or expose for supply for free), to gain or maintain custom, or otherwise for commercial gain.
substance includes any gas, any liquid, any gas mixture and any liquid mixture.
transport dangerous goods includes carry, load, unload, transfer, transmit, pump or discharge the goods.
vehicle includes a railway vehicle and a vessel used in navigation.

Endnotes
1	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.
If the republished law includes penalties, current information about penalty unit values appears on the republication inside front cover.
2	Abbreviation key

am = amended	ord = ordinance	
amdt = amendment	orig = original	
ch = chapter	p = page	
cl = clause	par = paragraph	
def = definition	pres = present	
dict = dictionary	prev = previous	
disallowed = disallowed by the Legislative 	(prev...) = previously	
Assembly	prov = provision	
div = division	pt = part	
exp = expires/expired	r = rule/subrule	
Gaz = Gazette	reg = regulation/subregulation	
hdg = heading	renum = renumbered	
IA = Interpretation Act 1967	reloc = relocated	
ins = inserted/added	R[X] = Republication No	
LA = Legislation Act 2001	RI = reissue	
LR = legislation register	s = section/subsection	
LRA = Legislation (Republication) Act 1996	sch = schedule	
mod = modified / modification	sdiv = subdivision	
No = number	sub = substituted	
num = numbered	SL  = Subordinate Law	
o = order	underlining = whole or part not commenced	
om = omitted/repealed	or to be expired	

3	Legislation history
This Act was originally a NSW Act—the Dangerous Goods Act 1975 (NSW).
The Dangerous Goods Act 1975 (NSW) was applied, in a modified form, as an ACT law by the Dangerous Goods Act 1984 (now repealed).
Under the Interpretation Act 1967 (now repealed), s 65 all former NSW Acts in force in the ACT immediately before 10 November 1999 (including this Act) became, for all purposes, laws made by the ACT Legislative Assembly. This completed the process of making former NSW Acts fully into ACT laws.
Before 11 May 1989, ordinances commenced on their notification day unless otherwise stated (see Seat of Government (Administration) Act 1910 (Cwlth), s 12).
	NSW legislation
Dangerous Goods Act 1975 No 68
assented 31 October 1975
s 1, s 2 commenced 31 October 1975 (s 2 (1))
remainder commenced 17 July 1978 (s 2 and NSW Gaz GG No 81 11 July 1978)
as amended by
Scaffolding and Lifts (Amendment) Act 1978 No 69 sch 2
assented 6 April 1978 
s 1, s 2 commenced 6 April 1978 (s 2 (1))
sch 2 commenced 1 January 1979 (s 2 (4) and NSW Gaz GG No 171 8 December 1978)
Dangerous Goods (Amendment) Act 1982 No 52
assented 12 May 1982
sch 2 commenced 1 January 1983 (s 2 (2) and NSW Gaz GG No 179 24 December 1982)
remainder commenced 12 May 1982 (s 2 (1))
Miscellaneous Acts (Coal Mines Regulation) Repeal and Amendment Act 1982 No 69 sch 2
assented 20 May 1982
s 1, s 2 commenced 20 May 1982 (s 2 (1))
sch 2 commenced 26 March 1984 (s 2 (2) and see NSW Gaz GG No 24 17 Feb 1984)
Occupational Health and Safety Act 1983 No 20 sch 6
assented 21 April 1983
s 1, s 2 commenced 21 April 1983 (s 2 (1))
sch 6 commenced 4 May 1983 (s 2 (2) and NSW Gaz GG No 67 4 May 1983)
	Commonwealth legislation
Dangerous Goods Act 1984 No 4 sch pt 1
notified 16 February 1984 (Cwlth Gaz 1984 No S57)
sch pt 1 commenced 1 March 1984 (s 2 and see Cwlth Gaz 1984 No S71)
Dangerous Goods (Amendment) Ordinance 1984 No 69
notified 5 December 1984 (Cwlth Gaz 1984 No S515)
commenced 5 December 1984
Dangerous Goods (Amendment) Ordinance (No 2) 1984 No 75
notified 19 December 1984 (Cwlth Gaz 1984 No S530)
commenced 19 December 1984
Magistrates Court Act 1985 No 67 sch pt 1
notified 19 December 1984 (Cwlth Gaz 1985 No S542)
commenced 1 February 1985 (s 2 and Cwlth Gaz 1986 No G3)
Self-Government (Consequential Amendments) Ordinance 1989 No 38 sch 2 pt 1
notified 10 May 1979 (Cwlth Gaz 1989 No S160)
s 1, s 2 commenced 10 May 1979 (s 2 (1))
sch 2 pt 1 commenced 11 May 1989 (s 2 (2) and see Cwlth Gaz 1989 No S164)
	Legislation after becoming Territory enactment
Acts Revision (Arrest Without Warrant) Act 1989 No 23 s 4
notified 1 December 1989 (Gaz 1989 No S38)
commenced 1 December 1989
Acts Revision (Position of Crown) Act 1993 No 44 sch 2
notified 27 August 1993 (Gaz 1993 No S165)
commenced 27 August 1993 (s 2 and see Gaz 1993 No S165)
Administrative Appeals (Consequential Amendments) Act 1994 No 60 sch 1
notified 11 October 1994 (Gaz 1994 No S197)
s 1, s 2 commenced 11 October 1994 (s 2 (1))
sch 1 commenced 14 November 1994 (s 2 (2) and see Gaz 1994 No S250)
Statutory Offices (Miscellaneous Provisions) Act 1994 No 97 sch pt 1
notified 15 December (Gaz 1994 No S280)
s 1, s 2 commenced 15 December 1994 (s 2 (1))
sch pt 1 commenced 15 December 1994 (s 2 (2) and Gaz 1994 No S293)
Statute Law Revision Act 1995 No 46 sch
notified 18 December 1995 (Gaz 1995 No S306)
amdt commenced 18 December 1995 (s 2)
Dangerous Goods (Amendment) Act 1998 No 36 sch pt 1
notified 14 October 1998 (Gaz 1998 No 41)
commenced 14 October 1998 (s 2)
Statute Law Revision (Penalties) Act 1998 No 54 sch
notified 27 November 1998 (Gaz 1998 No S207)
s 1, s 2 commenced 27 November 1998 (s 2 (1))
sch commenced 9 December 1998 (s 2 (2) and Gaz 1998 No 49)
Dangerous Goods (Amendment) Act 1999 No 25
notified 6 May 1999 (Gaz 1999 No S22)
ss 1-3 commenced 6 May 1999 (s 2 (1))
remainder commenced 6 November 1999 (s 2 (3))
Dangerous Goods Amendment Act 2000 No 63
notified 2 November 2000 (Gaz 2000 No 44)
commenced 2 November 2000 (s 2)
Statute Law Amendment Act 2001 No 11 sch 3
notified 29 March 2001 (Gaz 2001 No 13)
commenced 29 March 2001 (s 2)
Legislation (Consequential Amendments) Act 2001 No 44 pt 97 (as am by Act 2001 No 70 sch 1, Act 2002 No 30 amdt 3.576)
notified 26 July 2001 (Gaz 2001 No 30)
s 1, s 2 commenced 26 July 2001 (IA s 10B)
pt 97 commenced 12 September 2001 (s 2 and see  Gaz 2001 No S65)
Statute Law Amendment Act 2001 (No 2) No 56 pt 1.1
notified 5 September 2001 (Gaz 2001 No S65)
s 1, s 2 commenced 5 September 2001 (IA s 10B)
pt 1.1 commenced 5 September 2001 (s 2 (1))
Justice and Community Safety Legislation Amendment Act 2001 No 70 sch 1
notified LR 14 September 2001
s 1, s 2 commenced 14 September 2001 (LA s 75)
amdts commenced 12 September 2001 (s 2 (2))
Note	This Act only amends the Legislation (Consequential Amendments) Act 2001 No 44.
Statute Law Amendment Act 2002 No 30 amdt 3.576, pt 3.14
notified LR 16 September 2002
s 1, s 2 taken to have commenced 19 May 1997 (LA s 75 (2))
amdt 3.576 taken to have commenced 12 September 2001 (s 2 (2))
pt 3.14 commenced 17 September 2002 (s 2 (1))
4	Amendment history
Title
title	sub 2001 No 11 amdt 3.7
Name of Act
s 1	sub 2001 No 11 amdt 3.8
Dictionary
s 2	om 1984 No 4 sch pt 1
	ins 2001 No 11 amdt 3.9
Application and relationship of Act to other laws
s 3	am 1983 No 20 sch 6 (1)
	om 1984 No 4 sch pt 1
	ins 2001 No 11 amdt 3.12
	am 2002 No 30 amdt 3.144
Administration
pt 2 hdg	ins 2001 No 11 amdt 3.13
Chief inspector
s 4	defs reloc to dict 2001 No 11 amdt 3.10
	def analyst ins 1984 No 4 sch pt 1
	om 2001 No 11 amdt 3.11
	def chief inspector sub 1984 No 4 sch pt 1; 1994 No 97 sch pt 1
	om 2001 No 11 amdt 3.11
	def commissioner sub 1984 No 4 sch pt 1
	om 2001 No 11 amdt 3.11
	def container reloc to dict 2001 No 11 amdt 3.10
	def convey reloc to dict 2001 No 11 amdt 3.10
	def court sub 1984 No 4 sch pt 1
	am 1985 No 67 sch pt 1
	om 2001 No 11 amdt 3.11
	def dangerous goods reloc to dict 2001 No 11 amdt 3.10
	def director sub 1984 No 4 sch pt 1
	am 1995 No 46 sch
	om 2001 No 11 amdt 3.11
	def determined fee ins 1984 No 75 s 4
	om 2001 No 11 amdt 3.11
	def explosive reloc to dict 2001 No 11 amdt 3.10
	def flash point reloc to dict 2001 No 11 amdt 3.10
	def identity card ins 1994 No 97 sch pt 1
	om 2001 No 11 amdt 3.11
	def inspector sub 1984 No 4 sch pt 1; 1994 No 97 sch pt 1
	om 2001 No 11 amdt 3.11
	def licence reloc to dict 2001 No 11 amdt 3.10
	def manufacture reloc to dict 2001 No 11 amdt 3.10
	def member of the police force ins 1984 No 4 sch pt 1
	om 2001 No 11 amdt 3.11
	def permit reloc to dict 2001 No 11 amdt 3.10
	def pipeline am 1984 No 4 sch pt 1
	reloc to dict 2001 No 11 amdt 3.10
	def premises am 1984 No 4 sch pt 1
	reloc to dict 2001 No 11 amdt 3.10
	def regulations om 2001 No 11 amdt 3.11
	def safety cartridges reloc to dict 2001 No 11 amdt 3.10
	def sell om 2001 No 11 amdt 3.11
	def substance reloc to dict 2001 No 11 amdt 3.10
	def tribunal ins 1989 No 38 sch 2 pt 1
	om 1994 No 60 sch 1
	def vehicle am 1984 No 4 sch pt 1
	reloc to dict 2001 No 11 amdt 3.10
	def vessel reloc to dict 2001 No 11 amdt 3.10
	om 2001 No 11 amdt 3.11
	ins 2001 No 11 amdt 3.13
	sub 2002 No 30 amdt 3.145
Inspectors
s 5	am 1978 No 69 sch 2; 1982 No 69 sch 2; 1983 No 20 sch 6 (2)
	om 2001 No 11 amdt 3.12
	ins 2001 No 11 amdt 3.13
	sub 2002 No 30 amdt 3.145
Act to bind the Crown
s 5A	ins 1983 No 20 sch 6 (3)
	am 1989 No 38 sch 2 pt 1
	om 1993 No 44 sch 2
Analysts
s 6	om 1984 No 4 sch pt 1
	ins 2001 No 11 amdt 3.13
	sub 2002 No 30 amdt 3.145
Delegation by chief inspector
s 7	om 1984 No 4 sch pt 1
	ins 2001 No 11 amdt 3.13
	am 2001 No 56 amdt 1.1
	sub 2002 No 30 amdt 3.145
Identity cards
s 7A	ins 2001 No 11 amdt 3.13
Keeping
div 3.1 hdg	(prev pt 3 div 1 hdg) renum R4 LA (see 2001 No 11 amdt 3.112)
Licensing of premises
s 8	am 1984 No 4 sch pt 1; 2001 No 11 amdt 3.14; ss renum R7 LA; 2002 No 30 amdt 3.146, amdt 3.196
Keeping—generally
s 9	am 1984 No 4 sch pt 1; 1998 No 54 sch; 2001 No 11 amdts 3.15-1.17; 2001 No 44 amdt 1.1020, amdt 1.1021; 2002 No 30 amdt 3.147, amdt 3.148, amdt 3.196
Transport of dangerous goods
div 3.2 hdg	(prev pt 3 div 2 hdg) renum R4 LA (see 2001 No 11 amdt 3.112)
	sub 2002 No 30 amdt 3.149
Licensing of vehicles to carry dangerous goods
s 10 hdg	sub 2002 No 30 amdt 3.150
s 10	am 1982 No 52 sch 1 (1); 1984 No 4 sch pt 1; 2001 No 11 amdts 3.18-3.20; ss renum R7 LA; 2002 No 30 amdt 3.151, amdt 3.152
Transport of small quantities or short trips after import
s 10A	ins 1998 No 36 sch pt 1
Unlicensed carriage of dangerous goods
s 11	sub 1982 No 52 sch 1 (2)
	am 1984 No 4 sch pt 1; 1998 No 54 sch; 2001 No 11 amdt 3.21, amdt 3.22
	sub 2002 No 30 amdt 3.153
Transport of dangerous goods generally
s 12	am 1984 No 4 sch pt 1; 1998 No 54 sch; 2001 No 11 amdt 3.23, amdt 3.24
	sub 2002 No 30 amdt 3.153
Offence of sale in public place
s 13	om 1984 No 4 sch pt 1
General
div 3.3 hdg	(prev pt 3 div 3 hdg) renum R4 LA (see 2001 No 11 amdt 3.112)
Negligent or careless use etc
s 14	am 1984 No 4 sch pt 1; 1998 No 54 sch; 2001 No 11 amdt 3.25; 2002 No 30 amdt 3.154
Preliminary
div 4.1 hdg	(prev pt 4 div 1 hdg) renum R4 LA (see 2001 No 11 amdt 3.112)
Declaration of authorised explosives
s 16	sub 2001 No 44 amdt 1.1022
Import
div 4.2 hdg	(prev pt 4 div 2 hdg) renum R4 LA (see 2001 No 11 amdt 3.112)
Import licences and permits
s 17	am 1984 No 4 sch pt 1; 2001 No 11 amdts 3.26-3.28; ss renum R7 LA
Offence of unlicensed importing
s 18	am 1984 No 4 sch pt 1; 1998 No 54 sch; 2001 No 11 amdt 3.29, amdt 3.30
Manufacture
div 4.3 hdg	(prev pt 4 div 3 hdg) renum R4 LA (see 2001 No 11 amdt 3.112)
Manufacturing licence
s 19	am 1984 No 4 sch pt 1; 2001 No 11 amdts 3.31-3.33; ss renum R7 LA; 2002 No 30 amdt 3.196
Offence of unlicensed manufacture
s 20	am 1984 No 4 sch pt 1; 1984 No 69 s 2; 1998 No 54 sch; 2001 No 11 amdts 3.34-3.36; 2002 No 30 amdt 3.155
Sale, supply and receipt
div 4.4 hdg	(prev pt 4 div 4 hdg) renum R4 LA (see 2001 No 11 amdt 3.112)
Sale licence
s 21	am 1984 No 4 sch pt 1; 2001 No 11 amdt 3.37, amdt 3.38; ss renum R7 LA
Authority to sell
s 22	am 1984 No 4 sch pt 1; 2001 No 11 amdt 3.39
Offence of unlicensed sale
s 23	am 1984 No 4 sch pt 1; 1998 No 54 sch; 2001 No 11 amdt 3.40, amdt 3.41; 2002 No 30 amdt 3.156
Supply to children
s 24	am 1984 No 4 sch pt 1; 1984 No 69 s 2; 1998 No 54 sch; 2001 No 11 amdt 3.42, amdt 3.43
Receipt to be authorised
s 25	am 1984 No 4 sch pt 1; 1998 No 54 sch; 2001 No 11 amdts 3.44-3.47
Possession
div 4.5 hdg	(prev pt 4 div 5 hdg) renum R4 LA (see 2001 No 11 amdt 3.112)
Possession of explosives
s 26	am 1984 No 4 sch pt 1; 1984 No 69 s 2; 1998 No 54 sch; 2001 No 11 amdts 3.48-3.53; 2002 No 30 amdt 3.196
Licences and permits
pt 5 hdg	om 2001 No 11 amdt 3.54
	(prev pt 5 div 1 hdg) sub 2001 No 11 amdt 3.55
Licences—generally
s 27	am 1982 No 52 sch 1 (3); 1984 No 4 sch pt 1; 2001 No 11 amdt 3.56; 2002 No 30 amdt 3.157
Commissioner of police to report on certain licences etc relating to explosives
s 27A	ins 1982 No 52 sch 1 (4)
	om 1984 No 4 sch pt 1
Suspension and cancellation
s 28	am 1984 No 4 sch pt 1; 1989 No 38 sch 2 pt 1; 2001 No 11 amdts 3.57-3.59; 2002 No 30 amdt 3.158
Review of decisions
s 29	sub 1984 No 4 sch pt 1
	am 1989 No 38 sch 2 pt 1
	sub 1994 No 60 sch 1
	pars renum R7 LA
Notification of decisions
s 29A	ins 1984 No 4 sch pt 1
	am 1989 No 38 sch 2 pt 1
	sub 1994 No 60 sch 1
Offence to lend or allow other person to use licence or permit
s 30	am 1982 No 52 sch 1 (5); 1984 No 4 sch pt 1; 1998 No 54 sch
	sub 2001 No 11 amdt 3.60
Enforcement
pt 6 hdg	(prev pt 5 div 2 hdg) sub 2001 No 11 amdt 3.61
	am 2002 No 30 amdt 3.159
Powers of inspectors
s 31	am 1982 No 52 sch 1 (6); 1984 No 4 sch pt 1; 1989 No 38 sch 2 pt 1; 1994 No 97 sch pt 1; 2001 No 11 amdts 3.62-3.76; 2002 No 30 amdts 3.160-3.168
Obstruction of inspector etc
s 32	am 1984 No 4 sch pt 1; 1998 No 54 sch; 2001 No 11 amdts 3.77-3.80
Proceedings for offences
s 33	am 1983 No 20 sch 6 (4); 1984 No 4 sch pt 1; 1999 No 25 s 4; 2000 No 63 s 4
Offences by corporation
s 34	om 1984 No 4 sch pt 1
Third party procedure
s 35	om 1984 No 4 sch pt 1
Legal proceedings
pt 5 div 3 hdg	om 2001 No 11 amdt 3.80
Acts and omissions of representatives
s 36	am 1984 No 4 sch pt 1; 1984 No 69 s 2
	sub 2001 No 11 amdt 3.82
Seizure
s 37	sub 1984 No 4 sch pt 1
	am 2001 No 11 amdt 3.83, amdt 3.84
Forfeiture of dangerous goods
s 38	sub 1984 No 4 sch pt 1
	am 1989 No 38 sch 2 pt 1; 2001 No 11 amdt 3.85
Disposal of forfeited property
s 39	om 1984 No 4 sch pt 1
Evidence
s 40	am 1984 No 4 sch pt 1; 2001 No 11 amdts 3.86-3.88; ss renum R7 LA; 2002 No 30 amdts 3.169-3.171
Miscellaneous
pt 7 hdg	(prev pt 5 div 4 hdg) sub 2001 No 11 amdt 3.89
Regulation-making power
s 41	renum and reloc as s 49 2001 No 11 amdt 3.101
Miscellaneous
pt 5 div 5 hdg	om 2001 No 11 amdt 3.102
Search warrant
s 42	am 1984 No 4 sch pt 1; 2001 No 11 amdts 3.103-3.105; 2002 No 30 amdts 3.172-3.174
Search powers
s 43	am 1984 No 4 sch pt 1
	sub 1989 No 23 s 4
	am 2001 No 11 amdt 3.106; 2002 No 30 amdt 3.175
Falsification of records
s 44	sub 1984 No 4 sch pt 1
	am 1998 No 54 sch; 2001 No 11 amdts 3.106-3.108
Approved forms
s 45	om 1984 No 4 sch pt 1
	ins 2001 No 11 amdt 3.109
	am 2001 No 44 amdt 1.1023, amdt 1.1024; 2002 No 30 amdt 3.176
Determination of fees
s 46	ins 2001 No 11 amdt 3.109
	sub 2001 No 44 amdt 1.1025
Fees payable to Territory in accordance with determinations etc
s 47	ins 2001 No 11 amdt 3.109
	om 2001 No 44 amdt 1.1025
Regulations may make provision about fees
s 48	ins 2001 No 11 amdt 3.109
	om 2002 No 30 amdt 3.177
Regulation-making power
s 49 hdg	(prev s 41 hdg) sub 2001 No 11 amdt 3.90
s 49	(prev s 41) am 1982 No 52 sch 1 (7), sch 2; 1982 No 69 sch 2; 1983 No 20 sch 6 (5); 1984 No 4 sch pt 1; 1984 No 75 s 4; 1989 No 38 sch 2 pt 1; 2001 No 11 amdts 3.91-3.100
	renum and reloc 2001 No 11 amdt 3.101
	am 2001 No 44 amdt 1.1026 (as am 2001 No 70 amdt 1.10; 2002 No 30 amdt 3.576), amdt 1.1027 (as am 2001 No 70 amdt 1.10; 2002 No 30 amdt 3.576), amdts 1.1028-1.1030; 2002 No 30 amdts 3.178-3.187
Transitional
pt 8 hdg	ins 2001 No 11 amdt 3.110
	exp 29 March 2002 (s 56 (1))
Regulations may apply certain documents etc
s 50	ins 2001 No 11 amdt 3.110
	exp 29 March 2002 (s 56 (1))
	ins 2002 No 30 amdt 3.187
Existing inspectors
s 51	ins 2001 No 11 amdt 3.110
	exp 29 March 2002 (s 56 (1))
Existing delegations
s 52	ins 2001 No 11 amdt 3.110
	exp 29 March 2002 (s 56 (1))
Existing identity cards
s 53	ins 2001 No 11 amdt 3.110
	exp 29 March 2002 (s 56 (1))
Existing fees
s 54	ins 2001 No 11 amdt 3.110
	exp 29 March 2002 (s 56 (1))
Existing regulations
s 55	ins 2001 No 11 amdt 3.110
	am 2001 No 44 amdt 1.1031
	exp 29 March 2002 (s 56 (1))
Expiry of pt 8
s 56	ins 2001 No 11 amdt 3.110
	am 2001 No 44 amdt 1.1032
	exp 29 Mar 2002 (s 56 (1))
Repeals
sch 1	om 1984 No 4 sch pt 1
Amendment of Acts
sch 2	om 1984 No 4 sch pt 1
Transitional and other provisions
sch 3	om 1984 No 4 sch pt 1
Dictionary
dict	ins 2001 No 11 amdt 3.111
	am 2002 No 30 amdt 3.188
	def analyst ins 2001 No 11 amdt 3.111
	def chief inspector ins 2001 No 11 amdt 3.111
	def container reloc from s 4 2001 No 11 amdt 3.10
	def convey reloc from s 4 2001 No 11 amdt 3.10
	om 2002 No 30 amdt 3.189
	def credit card ins 2001 No 11 amdt 3.111
	om 2002 No 30 amdt 3.190
	def dangerous goods reloc from s 4 2001 No 11 amdt 3.10
	def director ins 2001 No 11 amdt 3.111
	am 2002 No 30 amdt 3.191
	def explosive reloc from s 4 2001 No 11 amdt 3.10
	def flash point reloc from s 4 2001 No 11 amdt 3.10
	def identity card ins 2001 No 11 amdt 3.111
	def in ins 2002 No 30 amdt 3.192
	def inspector ins 2001 No 11 amdt 3.111
	def licence reloc from s 4 2001 No 11 amdt 3.10
	def manufacture reloc from s 4 2001 No 11 amdt 3.10
	def permit ins 2001 No 11 amdt 3.111
	def pipeline am 1984 No 4 sch pt 1
	reloc from s 4 2001 No 11 amdt 3.10
	def premises am 1984 No 4 sch pt 1
	reloc from s 4 2001 No 11 amdt 3.10
	sub 2002 No 30 amdt 3.193
	def safety cartridges reloc from s 4 2001 No 11 amdt 3.10
	def sell ins 2001 No 11 amdt 3.111
	def substance reloc from s 4 2001 No 11 amdt 3.10
	def transport ins 2002 No 30 amdt 3.194
	def vehicle am 1984 No 4 sch pt 1
	reloc from s 4 2001 No 11 amdt 3.10
	sub 2002 No 30 amdt 3.195
	def vessel reloc from s 4 2001 No 11 amdt 3.10
	om 2002 No 30 amdt 3.195
5	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	Amendments to	Republication date	
1	Act 1989 No 23	31 July 1992	
2	Act 1993 No 44	31 January 1994	
3	Act 1995 No 46	1 January 1996	
4	Act 2001 No 56	12 September 2001	
4 (RI)	Act 2001 No 56 ‡	3 October 2002	
5	Act 2001 No 70	30 November 2001	
5 (RI)	Act 2001 No 70 ‡	3 October 2002	
6	Act 2001 No 70	29 March 2002	
6 (RI)	Act 2001 No 70 ‡	3 October 2002	
7	Act 2001 No 70	17 July 2002	
7 (RI)	Act 2001 No 70 ‡	3 October 2002	
‡ includes retrospective amendment by Act 2002 No 30	

Unauthorised version prepared by ACT Parliamentary Counsel's Office

©  Australian Capital Territory 2002