Australian Capital Territory
Clinical Waste Act 1990     No 5
Republication No 5
Effective:  1 January 2003
Republication date: 1 January 2003
Last amendment made by Act 2002 No 51

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication
The republished law
This is a republication of the Clinical Waste Act 1990 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 1 January 2003.  It also includes any amendment, repeal or expiry affecting the republished law to 1 January 2003.  
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.

Australian Capital Territory
Clinical Waste Act 1990

Contents
	Page
Part 1	Preliminary
	1	Short title	2
	2	Definitions for Act	2
	3	Declarations of clinical waste and prescribed activity	5
	6	Radioactive material	5
Part 2	Administration
	7	Clinical Waste Controller	6
	8	Delegation	6
	9	Inspectors	6
	10	Identity cards	6
	11	Declaration of disposal sites	7
Part 3	Clinical waste manual
	14	Preparation of manual	8
	15	Notification and commencement of manual and amendments	8
	18	Inspection of manual	9
Part 4	Licences
	19	Application for clinical waste transport licence	10
	20	Grant or refusal	10
	21	Duration	11
	22	Variation	12
	23	Suspension or cancellation	12
	24	Notices	13
	25	Emergency suspension	13
	26	Return of licence	14
	27	Review of decisions	14
Part 5	Offences
	28	Handling—general	15
	29	Handling—regulated premises	15
	30	Unlicensed transportation	15
Part 6	Enforcement
	31	Interpretation	16
	32	Entry to premises	16
	33	Consent to entry	16
	34	Powers of inspectors	17
	35	Taking samples	18
	36	Disposal of seized items	18
	37	Search warrants	19
	38	Obstructing inspectors	21
Part 7	Miscellaneous
	39	Conduct of directors, servants and agents	22
	40	Determination of fees	23
	41	Approved forms	23
	42	Regulation-making power	23
Endnotes
	1	About the endnotes	25
	2	Abbreviation key	25
	3	Legislation history	26
	4	Amendment history	27
	5	Earlier republications	29

Australian Capital Territory
Clinical Waste Act 1990

An Act relating to the treatment, storage, transportation and disposal of clinical waste

    

Part 1	Preliminary
1	Short title
This Act may be cited as the Clinical Waste Act 1990.
2	Definitions for Act
In this Act:
Note 	A definition applies except so far as the contrary intention appears (see Legislation Act 2001, s 155).
clinical waste means—
	(a)	waste consisting of any catheter, hypodermic needle, intravenous set, pipette or scalpel; or
	(b)	waste consisting of any other instrument or object that has been used in the taking of blood, the testing, processing or handling of blood or blood products, the investigation of human or animal diseases or in analysis or research that involves the use of tissue or fluid specimens, whether human or animal; or
	(c)	sanitary waste that originates from or has been in contact with a person who has a transmissible notifiable condition within the meaning of the Public Health Act 1997; or
	(e)	waste resulting from the investigation or analysis of tissue or fluid specimens, wether human or animal; or
	(f)	biological or chemical waste resulting from the investigation of human or animal diseases; or
	(g)	waste derived from a prescribed activity, being waste that includes or included human blood, or animal blood in any form other than food waste; or
	(h)	human or animal tissue or body fluids, removed during surgery or an autopsy; or
	(i)	waste consisting of a cytotoxic substance or waste that is, or is likely to be, contaminated by a cytotoxic substance; or
	(j)	waste consisting of anything that has been in contact with waste referred to in a previous paragraph; or
	(k)	waste derived from the preparation of a human body for burial or cremation; or
	(l)	waste declared by the Minister under section 3 (Declarations of clinical waste and prescribed activity) to be clinical waste; or
but does not include waste the treatment of which has been completed in accordance with the manual.
controller means the Clinical Waste Controller under section 7.
inspector means an inspector under section 9.
licence means a licence in force under this Act.
manual—see section 14 (1) (Preparation of manual).
occupier, in relation to premises, includes a person who is, or appears to be, in charge of the premises.
offence against this Act includes an offence against this Act that there are reasonable grounds for believing has been, or will be, committed.
Note	A reference to an offence against a Territory law includes a reference to a related ancillary offence, eg attempt (see Legislation Act 2001, s 189).
premises includes—
	(a)	a structure, building, aircraft, vehicle or vessel; and
	(b)	a place (whether enclosed or built upon or not); and
	(c)	a part of premises (including premises of a kind referred to in paragraph (a) or (b)).
prescribed activity means—
	(a)	the provision of medical, surgical or dental treatment, or nursing care; or
	(b)	the provision of diagnostic or paramedical services; or
	(c)	the provision of veterinary services; or
	(d)	a practice, business or undertaking—
	(i)	conducted by a pharmacist, chiropodist or podiatrist; or
	(ii)	that involves the taking of blood or the testing, processing or handling of blood or blood products; or
	(iii)	that involves tattooing, acupuncture, depilation, ear or nose piercing, hair restoration or any other process requiring penetration of the skin of a live person; or
	(iv)	that involves the investigation of human or animal diseases; or
	(v)	that involves analysis or research involving the use of tissue or fluid specimens, whether human or animal; or
	(e)	an activity declared by the Minister under section 3 (Declarations of clinical waste and prescribed activity) to be a prescribed activity.
regulated premises means—
	(a)	a hospital; or
	(b)	premises used primarily for the provision of accommodation and nursing care, or nursing care; or
	(c)	a funeral parlour; or
	(d)	a mortuary; or
	(e)	any other premises on which a prescribed activity is conducted or carried on.
waste disposal site, in relation to clinical waste of a particular kind, means a place declared by the Minister under section 11 to be a disposal site for clinical waste of that kind.
3	Declarations of clinical waste and prescribed activity
	(1)	The Minister may, in writing, declare waste to be clinical waste for this Act.
	(2)	The Minister may, in writing, declare an activity to be a prescribed activity for this Act.
	(3)	A declaration under this section is a disallowable instrument.
Note 	A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001.
6	Radioactive material
This Act does not apply to radioactive material within the meaning of the Radiation Act 1983.

Part 2	Administration
7	Clinical Waste Controller
	(1)	There shall be a Clinical Waste Controller.
	(2)	The chief executive shall create and maintain an office in the public service the duties of which include performing the functions of the Clinical Waste Controller.
	(3)	The controller shall be the public servant for the time being performing the duties of the public service office referred to in subsection (2).
8	Delegation
The controller may delegate in writing to a public servant all or any of his or her powers under this Act.
9	Inspectors
	(1)	There shall be 1 or more inspectors for the purposes of this Act.
	(2)	The chief executive shall create and maintain 1 or more offices in the public service the duties of which include performing the functions of an inspector.
	(3)	The following persons shall be inspectors:
	(a)	any public servant for the time being performing the duties of a public service office referred to in subsection (2); 
	(b)	the controller, including a delegate of the controller with any delegated powers of an inspector.
10	Identity cards
	(1)	The chief executive shall issue to the controller an identity card specifying the controller’s name and office, and on which appears a recent photograph of the controller.
	(2)	The chief executive shall issue to a delegate of the controller with any delegated powers of an inspector an identity card that specifies the delegate’s name and delegated office, and on which appears a recent photograph of the delegate.
	(3)	The chief executive shall issue to an inspector an identity card specifying the inspector’s name and office, and on which appears a recent photograph of the inspector.
	(4)	Upon ceasing—
	(a)	to occupy, or to act in, the office of the controller; or
	(b)	to be a delegate of the controller with any delegated powers of an inspector; or
	(c)	to occupy, or to act in, an office of inspector;
a person shall not, without reasonable excuse, fail to return his or her identity card to the chief executive.
Maximum penalty:  1 penalty unit.
11	Declaration of disposal sites
	(1)	The Minister may, in writing, declare a place to be a disposal site for clinical waste.
	(2)	A declaration is a notifiable instrument.
Note 	A notifiable instrument must be notified under the Legislation Act 2001.

Part 3	Clinical waste manual
14	Preparation of manual
	(1)	The Minister must, in writing, make a clinical waste manual for this Act.
Note 	Power given under an Act to make a statutory instrument (including the manual) includes power to amend or repeal the instrument (see Legislation Act 2001, s 46 (1)).
	(2)	The manual—
	(a)	may contain requirements, not inconsistent with this Act, relating to—
	(i)	the manner in which clinical waste may be stored, treated, transported or disposed of; or
	(ii)	the kinds of containers in which clinical waste may be stored or transported; or
	(iii)	the labelling and marking of containers used for the storage or transport of clinical waste; and
	(b)	shall contain—
	(i)	a list of waste disposal sites; and
	(ii)	if the Minister has approved under section 41 (Approved forms) an application form for a licence—the application form.
15	Notification and commencement of manual and amendments
	(1)	The manual is a disallowable instrument.
Note 1 	A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001.
Note 2 	An amendment or repeal of the manual is also a disallowable instrument (see Legislation Act 2001, s 46 (2)).
	(2)	The Minister must also publish in a daily newspaper circulating in the ACT a notice of the making of the manual.
	(3)	The manual, or an amendment or repeal of it, commences—
	(a)	15 days after the day it is notified under the Legislation Act 2001; or
	(b)	if the manual, amendment or repeal provides for a later date or time of commencement—on that date or at that time. 
18	Inspection of manual
	(1)	The controller shall keep a copy of the manual at his or her office at all times.
	(2)	Any person may, upon request, at any time at which the controller’s office is open for business, inspect the copy of the manual kept by the controller.

Part 4	Licences
19	Application for clinical waste transport licence 
	(1)	A person may apply for a licence to carry on the business of transporting clinical waste.
	(2)	An application must be given to the controller and may be signed by or on behalf of the applicant.
Note 1 	A fee may be determined under s 40 (Determination of fees) for this section.
Note 2 	If a form is approved by the Minister under s 41 (Approved forms) for an application, the form must be used.
20	Grant or refusal 
	(1)	Where an application for a licence has been made, the controller shall—
	(a)	grant the licence subject to such conditions (if any) as are specified on the licence; or
	(b)	refuse to grant the licence.
	(2)	For the purpose of making a decision under subsection (1), the controller shall, in relation to the period to which the licence would relate, have regard to the following matters:
	(a)	whether the applicant has, or will have, the necessary facilities to transport clinical waste in accordance with this Act;
	(b)	the terms of any contract that the applicant has entered into, or intends to enter into, in relation to the transport of clinical waste;
	(c)	the volume and type of clinical waste that the applicant intends to transport;
	(d)	the arrangements that the applicant has made, or proposes to make, for the safe handling of clinical waste transported by the applicant;
	(e)	whether the applicant is, or undertakes to be, insured by an authorised insurer against any liability that may result from any activity that would be carried out under the licence, and whether that insurance will be adequate for that purpose;
	(f)	the degree of supervision that the applicant would exercise over persons employed or engaged in activities that would be carried out under the licence;
	(g)	whether the applicant has previously engaged in the business of transporting clinical waste and whether, in the course of that business, clinical waste was handled in contravention of this Act or of legislation of a State or another Territory dealing with the treatment, storage, transportation or disposal of clinical waste;
	(h)	such other matters as the controller reasonably believes to be relevant, including, in particular, the need to protect public health, property or the environment.
	(3)	Where the controller grants a licence subject to a condition or refuses to grant a licence, he or she shall give written notice of the decision to the applicant.
	(4)	In subsection (2) (e):
authorised insurer means a body corporate authorised under the Insurance Act 1973 (Cwlth), section 23 or 24 to carry on an insurance business.
21	Duration
	(1)	Subject to subsection (2), a licence remains in force for the period of 12 months commencing on the day on which the licence is granted.
	(2)	A licence shall not be taken to be in force while it is suspended under section 23 or 25.
22	Variation
	(1)	Where, after a licence has been granted, the controller believes on reasonable grounds that it is necessary to do so in the interests of the health or safety of any person affected by the licensee’s activities, the controller may, subject to section 24, by notice in writing given to the licensee, vary a licence by—
	(a)	varying a condition to which it is subject; or
	(b)	revoking such a condition; or
	(c)	imposing a condition on the licence.
	(2)	The variation of a licence takes effect on—
	(a)	the date on which notice of the variation is given to the licensee; or
	(b)	 if a later date is specified in the notice, on that later date.
	(3)	In this section:
licence includes a licence that is suspended.
23	Suspension or cancellation
	(1)	Where a licensee—
	(a)	has been found guilty of an offence against this Act; or
	(b)	has contravened a condition to which the licence is subject; or
	(c)	has contravened a requirement contained in the manual; or
the controller may, subject to section 24, by notice in writing given to the licensee, suspend the licence for a specified period not exceeding 6 months or cancel it, if he or she believes on reasonable grounds that it is necessary in the interests of the health or safety of any person affected by the licensee’s activities to do so.
	(2)	The suspension or cancellation of a licence takes effect on—
	(a)	the date on which notice of the suspension or cancellation is given to the licensee; or
	(b)	if a later date is specified in the notice, on that later date.
24	Notices
	(1)	The controller shall not vary, or suspend or cancel a licence under section 23, unless he or she has given to the licensee a notice in writing that—
	(a)	specifies the ground upon which the controller intends to vary, suspend or cancel the licence; and
	(b)	states the facts and circumstances that, in the controller’s opinion, constitute that ground; and
	(c)	informs the licensee that the licensee may, within 28 days after the date of the notice, give to the controller a written response to the matters stated in the notice.
	(2)	For the purpose of deciding whether to exercise his or her powers under section 22 or 23, the controller shall have regard to any response given in accordance with a notice under subsection (1).
25	Emergency suspension
	(1)	Where—
	(a)	a licensee—
	(i)	has been found guilty of an offence under this Act; or
	(ii)	has contravened a condition to which the licence is subject; or
	(iii)	has contravened a requirement contained in the manual; and
	(b)	the controller believes on reasonable grounds that it is necessary, in order to prevent or remove an imminent risk of death, serious illness or serious injury to a person (whether identified or not), to suspend the licence;
the controller may, by notice in writing given to the licensee, suspend the licence for a specified period not exceeding 6 months.
	(2)	The suspension takes effect on the date on which the notice is given to the licensee.
26	Return of licence
	(1)	Not later than 7 days after the date on which the variation, suspension or cancellation of a licence takes effect, the person to whom the licence had been issued shall submit it to the controller.
	(2)	A person shall not, without reasonable excuse, fail to comply with subsection (1).
Maximum penalty:  5 penalty units.
	(3)	The controller shall endorse any variation on the licence and return it to the licensee.
27	Review of decisions
	(1)	Application may be made to the administrative appeals tribunal for a review of a decision by the controller—
	(a)	under section 20 (1) (a) to grant a licence subject to conditions; or
	(b)	under section 20 (1) (b) to refuse to grant a licence; or
	(c)	under section 22 (1) to vary a licence; or
	(d)	under section 23 (1) or 25 (1) to suspend a licence; or
	(e)	under section 23 (1) to cancel a licence.
	(2)	A notice under section 20 (3), 22, 23 or 25 shall be in accordance with the requirements of the code of practice in force under the Administrative Appeals Tribunal Act 1989, section 25B (1).

Part 5	Offences
28	Handling—general
A person shall not, without reasonable excuse, store, transport or dispose of clinical waste in a manner that is likely to cause injury or disease to a person lawfully dealing with that waste.
Maximum penalty:  100 penalty units, imprisonment for 1 year or both.
29	Handling—regulated premises
A person shall not, without reasonable excuse, store, transport or dispose of clinical waste derived from regulated premises otherwise than in accordance with the manual.
Maximum penalty:  50 penalty units, imprisonment for 6 months or both.
30	Unlicensed transportation
A person shall not conduct the business of transporting clinical waste unless licensed to do so.
Maximum penalty:  50 penalty units, imprisonment for 6 months or both.

Part 6	Enforcement
31	Interpretation
For the purposes of this part, a thing is connected with a particular offence if—
	(a)	the offence has been committed with respect to it; or
	(b)	it will afford evidence of the commission of the offence; or
	(c)	it was used, or is or was intended to be used, for the purpose of committing the offence.
32	Entry to premises
	(1)	For the purposes of this Act, an inspector may, without the authority of a warrant—
	(a)	enter regulated premises at any reasonable time; or
	(b)	enter any premises at any time with the consent of the occupier; 
if the inspector believes on reasonable grounds that those premises are being used in connection with the storage, treatment, transportation or disposal of clinical waste.
	(2)	An inspector who enters premises under subsection (1) is not entitled to remain on the premises if, on request by the occupier, the inspector does not produce his or her identity card to the occupier.
33	Consent to entry
	(1)	An inspector who requests a person to consent to the inspector entering premises under section 32 (1) shall inform the person that he or she may refuse to give consent.
	(2)	Where an inspector obtains the consent of a person to enter premises under section 32 (1), he or she shall ask the person to sign a written acknowledgment—
	(a)	that the person has been informed that he or she may refuse to so consent; and
	(b)	that the person has consented; and
	(c)	of the day on which, and the time at which, the person consented.
	(3)	Where it is material, in any proceedings, for a court to be satisfied that a person has consented to an inspector entering premises under section 32 (1) and an acknowledgment, in accordance with subsection (2), signed by the person is not produced in evidence, it shall be presumed that the person did not consent, unless the contrary is established.
34	Powers of inspectors
An inspector who is entitled under section 32 to remain on premises may—
	(a)	inspect, examine, take measurements of, or conduct tests concerning, the premises or any system of work, plant, substance or thing at the premises; and
	(b)	inspect and test any container or equipment on the premises that the inspector believes on reasonable grounds to be used for the treatment, storage, transportation or disposal of clinical waste; and
	(c)	inspect and test any material or substance on the premises that the inspector believes on reasonable grounds to be clinical waste, and take samples of any such material or substance; and
	(d)	take such photographs, video recordings or films in connection with the inspection as the inspector believes on reasonable grounds to be necessary; and
	(e)	seize anything that the inspector believes on reasonable grounds to be connected with an offence against this Act; and
	(f)	inspect any document on the premises relating to the treatment, storage, transportation or disposal of clinical waste; and
	(g)	make copies of, or take extracts from, any such document; and
	(h)	require any person on the premises to make available to the inspector any document relating to the use of the premises in connection with the treatment, storage, transportation or disposal of clinical waste; and
	(i)	require any person on the premises to answer questions relating to the use of those premises in connection with the treatment, storage, transportation or disposal of clinical waste; and
	(j)	require any person on the premises to give the inspector such assistance as is necessary or reasonable to enable the inspector to exercise his or her powers under this section.
35	Taking samples
An inspector who takes a sample under section 34 (c) shall—
	(a)	ensure that the sample is such as to permit paragraph (c) to be complied with; and
	(b)	give a receipt for the sample to the occupier of the premises from which the sample was taken; and
	(c)	divide the sample into 2 parts as nearly as practicable identical in size and composition to each other and each suitable for the purpose of analysis; and
	(d)	place each of those parts in a separate container and seal each container; and
	(e)	attach to each container a label bearing the signature of the inspector and particulars of the date and time when, and the place at which, the sample was taken; and
	(f)	give 1 container to the occupier of the premises.
36	Disposal of seized items
	(1)	Where a thing has been seized under section 34 (e) and—
	(a)	a prosecution for an offence against this Act in connection with that thing has not been instituted within 90 days after the day of seizure; or
	(b)	the person is so charged but is not convicted;
subject to subsection (2), the controller shall take all reasonably practical steps to give the thing to the person whom the controller reasonably believes to be entitled to it.
	(2)	Where a person is—
	(a)	convicted of an offence against this Act; or
	(b)	dealt with under the Crimes Act 1900, section 402 in respect of an offence against this Act;
the court may order that anything seized under section 34 (e) and connected with the offence—
	(c)	be given to the person who appears to the court to be entitled to it; or
	(d)	be forfeited to the Territory.
37	Search warrants
	(1)	Where an information on oath is laid before a magistrate alleging that there are reasonable grounds for suspecting that there may be on any premises a thing of a particular kind connected with a particular offence against this Act, and the information sets out those grounds, the magistrate may issue a search warrant authorising an inspector named in the warrant, with such assistance and by such force as is necessary and reasonable—
	(a)	to enter the premises; and
	(b)	to search those premises for things of that kind; and
	(c)	to exercise any of the powers referred to in section 34 in relation to such a thing.
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).
	(2)	A magistrate shall not issue a warrant under subsection (1) unless—
	(a)	the informant or some other person has given to the magistrate, either orally or by affidavit, any further information that the magistrate requires concerning the grounds on which the issue of the warrant is being sought; and
	(b)	the magistrate is satisfied that there are reasonable grounds for issuing the warrant.
	(3)	A warrant shall—
	(a)	state the purpose for which it is issued; and
	(b)	specify the nature of the offence in relation to which the entry, search and exercise of the powers under section 34 are authorised; and
	(c)	specify particular hours during which the entry is authorised or state that the entry is authorised at any time of day or night; and
	(d)	include a description of the kinds of things in relation to which the powers under section 34 may be exercised; and
	(e)	specify a day, not being later than 1 month after the day of issue of the warrant, on which the warrant ceases to have effect.

38	Obstructing inspectors
A person shall not, without reasonable excuse—
	(a)	obstruct or hinder an inspector in the exercise of his or her powers under this part; or
	(b)	contravene a requirement of an inspector under section 34.
Maximum penalty:
	(a)	for paragraph (a)–50 penalty units, imprisonment for 6 months or both; and
	(b)	for paragraph (b)–50 penalty units.

Part 7	Miscellaneous
39	Conduct of directors, servants and agents
	(1)	Where, for the purpose of a prosecution for an offence against this Act, it is necessary to establish the state of mind of a body corporate or a natural person in relation to particular conduct, it is sufficient to show—
	(a)	that a director, servant or agent of the body, or a servant or agent of the person, had that state of mind; and
	(b)	that the conduct was engaged in by that director, servant or agent within the scope of his or her actual or apparent authority.
	(2)	A reference in subsection (1) to the state of mind of a body or person is to be read as including a reference to—
	(a)	the knowledge, intention, opinion, belief or purpose of the body or person; and
	(b)	the body’s or person’s reasons for the intention, opinion, belief or purpose.
	(3)	Any conduct engaged in on behalf of a body corporate or a natural person by a director, servant or agent of the body, or a servant or agent of the person, within the scope of his or her or actual or apparent authority is to be taken, for the purpose of a prosecution for an offence against this Act, to have been engaged in also by the body or person unless the body or person establishes that reasonable precautions were taken and due diligence was exercised to avoid the conduct.
	(4)	Where—
	(a)	a natural person is convicted of an offence against this Act; and
	(b)	the person would not have been convicted of the offence if subsections (1) and (3) had not been enacted;
the person is not liable to be punished by imprisonment for that offence.
	(5)	A reference in this section to a director of a body corporate is to be read as including a reference to a member of a body corporate incorporated for a public purpose by a law of the Territory, the Commonwealth, a State or another Territory.
	(6)	A reference in this section to engaging in conduct is to be read as including a reference to failing or refusing to engage in conduct.
40 	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.
41 	Approved forms
	(1)	The Minister may, in writing, approve forms for this Act.
	(2)	If the Minister approves a form for a particular purpose, the approved form must be used for that purpose.
	(3)	An approved form is a notifiable instrument.
Note 	A notifiable instrument must be notified under the Legislation Act 2001.
42	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 prescribe offences for contraventions of the regulations or requirements contained in the manual and prescribe maximum penalties of not more than 10 penalty units for offences against the regulations. 

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
Clinical Waste Act 1990 No 5
notified 9 April 1990 (Gaz 1990 No S14)
commenced 9 October 1990 (s 2 (2))
as amended by
Acts Revision (Position of Crown) Act 1993 No 44 sch 2
notified 27 August 1993 (Gaz 1993 No S165)
sch 2 commenced 27 August 1993 (s 2)
Public Sector Management (Consequential and Transitional Provisions) Act 1994 No 38 sch 1 pt 16
notified 30 June 1994 (Gaz 1994 No S121)
s 1, s 2 commenced 30 June 1994 (s 2 (1))
sch 1 pt 16 commenced 1 July 1994 (s 2 (2) and Gaz 1994 No S142)
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 Gaz 1994 No S250)
Statutory Offices (Miscellaneous Provisions) Act 1994 No 97 sch pt 1
notified 15 December 1994 (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)
Annual Reports (Government Agencies) (Consequential Provisions) Act 1995 No 25 sch
notified 5 September 1995 (Gaz 1995 No S212)
sch commenced 5 September 1995 (s 2)
Public Health (Miscellaneous Provisions) Act 1997 No 70 sch 3
notified 9 October 1997 (Gaz 1997 No S300)
ss 1-3 commenced 9 October 1997 (s 2 (1))
sch 3 commenced 10 July 2001 (s 2 (2) and Gaz 2001 No S45)
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)
Legislation (Consequential Amendments) Act 2001 No 44 pt 64
notified 26 July 2001 (Gaz 2001 No 30)
s 1, s 2 commenced 26 July 2001 (IA s 10B)
pt 64 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)
Legislation Amendment Act 2002 No 11 pt 2.8
notified LR 27 May 2002
s 1, s 2 commenced 28 May 2002 (LA s 75)
pt 2.8 commenced 28 May 2002 (s 2 (1))
Criminal Code 2002 No 51 pt 1.5
notified LR 20 December 2002 
s 1, s 2 commenced 20 December 2002 (LA s 75 (1))
pt 1.5 commenced 1 January 2003 (s 2 (1))
4	Amendment history
Definitions for Act
s 2	orig s 2 om 2001 No 44 amdt 1.739
	(prev s 3 (1)) am and renum 2001 No 44 amdt 1.740
	def Appeals Tribunal om 1994 No 60 sch 1
	def clinical waste am 1997 No 70 sch 3, am 2001 No 44 amdt 1.741
	def controller sub 1994 No 97 sch
	def determined fee om 2001 No 44 amdt 1.742
	def inspector ins 1994 No 97 sch
	def manual sub 2001 No 44 amdt 1.743
	def offence against this Act ins 2002 No 11 amdt 2.15
	am 2002 No 51 amdt 1.7
	def prescribed activity am 2001 No 44 amdt 1.744
Declarations of clinical waste and prescribed activity
s 3	sub 2001 No 44 amdt 1.745
References to offences against this Act
s 4	rep 1993 No 44 sch 2
	ins 2001 No 44 amdt 1.745
	om 2002 No 11 amdt 2.16
Crown not liable to prosecution
s 5	rep 1993 No 44 sch 2
Clinical Waste Controller
s 7	sub 1994 No 97 sch pt 1
Inspectors
s 9	sub 1994 No 97 sch pt 1
Identity cards
s 10	sub 1994 No 97 sch pt 1
	am 1998 No 54 sch
	am R3 LA
Declaration of disposal sites
s 11	sub 2001 No 44 amdt 1.746
Fees
s 12	om 2001 No 44 amdt 1.746
Annual report
s 13	am 1994 No 38 sch 1 pt 16
	om 1995 No 25 sch
Preparation of manual
s 14	am 2001 No 44 amdts 1.747-1.749
Notification and commencement of manual and amendments
s 15	sub 2001 No 44 amdt 1.750
Publication
s 16	om 2001 No 44 amdt 1.750
Manual to be disallowable
s 17	om 2001 No 44 amdt 1.750
Application for clinical waste transport licence
s 19	sub 2001 No 44 amdt 1.751
Grant or refusal
s 20	am 1994 No 60 sch 1
Emergency suspension
s 25	am 1994 No 60 sch 1
Return of licence
s 26	am 1998 No 54 sch
Review of decisions
s 27	am 1994 No 60 sch 1
Handling—general
s 28	am 1998 No 54 sch
Handling—regulated premises
s 29	am 1998 No 54 sch
Unlicensed transportation
s 30	am 1998 No 54 sch
Search warrants
s 37	am 2001 No 44 amdt 1.752, amdt 1.753
Obstructing inspectors
s 38	am 1998 No 54 sch
Determination of fees
s 40	am 1998 No 54 sch
	sub 2001 No 44 amdt 1.754
Approved forms
s 41	ins 2001 No 44 amdt 1.754
Regulation-making power
s 42	ins 2001 No 44 amdt 1.754
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 1994 No 97	30 June 1995	
2	Act 1998 No 54	31 January 1999	
3	Act 2001 No 44	9 November 2001	
4	Act 2002 No 11	29 May 2002	

Unauthorised version prepared by ACT Parliamentary Counsel's Office

©  Australian Capital Territory 2003