Australian Capital Territory
Dangerous Substances (General) Regulation 2004    
SL2004-56
made under the
Dangerous Substances Act 2004
Republication No 15
Effective:  1 January 2011 – 1 January 2011
Republication date: 1 January 2011

Last amendment made by A2010-43
(republication for amendments by SL2004-56 and 
expiry of provisions (defs chrysotile product and 
exemption (s 301 and dict), s 309 (3), (4) and pt 3))

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication
The republished law
This is a republication of the Dangerous Substances (General) Regulation 2004, made under the Dangerous Substances Act 2004 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 1 January 2011.  It also includes any amendment, repeal or expiry affecting the republished law to 1 January 2011.  
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.  
This republication does not include amendments 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
At the republication date, the value of a penalty unit for an offence against this law is $110 for an individual and $550 for a corporation (see Legislation Act 2001, s 133).

Australian Capital Territory
Dangerous Substances (General) Regulation 2004
made under the
Dangerous Substances Act 2004
    
Contents
	Page
Chapter 1	Preliminary
	1	Name of regulation	2
	3	Dictionary	2
	4	Notes	2
	5	Incorporated documents	2
	6	Meaning of ensure	5
	7	Offences against regulation—application of Criminal Code etc	5
Chapter 2	Certain dangerous substances
Part 2.1	Important concepts
Division 2.1.1	Application of ch 2
	200	Application—ch 2	7
	201	Non-application of ch 2—non-commercial handling	8
	202	Non-application of ch 2—air and marine transport	8
Division 2.1.2	Definitions for ch 2
	203	Definitions—ch 2	9
Division 2.1.3	Quantities of dangerous substances
	204	Meaning of placard quantity—ch 2	14
	205	Meaning of manifest quantity—ch 2	15
	206	Meaning of total quantity—ch 2	16
	207	Working out quantities—ch 2	16
Division 2.1.4	Premises
	208	Meaning of registrable premises—ch 2	17
	209	Meaning of manifest quantity registrable premises—ch 2	17
	210	Meaning of non-registrable premises—ch 2	17
Part 2.2	Manufacturers, importers and suppliers
Division 2.2.1	Packing, marking and supply
	211	Correct classification—Act, s 13	18
	212	Correct packing—Act, s 14	18
	213	Correct labelling—Act, s 14	19
	214	Supply by retailer in consumer’s container—Act, s 14	20
Division 2.2.2	Safety data sheets
	215	SDS preparation and review—Act, s 26 (1) (e) and s 27 (1) (e)	21
	216	SDS prepared under corresponding law	23
	217	Provision of SDS by manufacturer, importer or supplier—Act, s 26 (1) (e), s 27 (1) (e) and s 28 (1) (e)	23
	218	Additional information for doctors—Act, s 26 (1) (e) and s 27 (1) (e)	24
	219	Additional information for people responsible for health and safety—Act, s 26 (1) (e) and s 27 (1) (e)	25
Part 2.3	Registrable premises—safety management systems
	220	Safety management systems—Act, s 19 (1) (e)	28
	221	Hazard identification—Act, s 19 (2) (c)	28
	222	Risk assessment—making	30
	223	Risk assessment—availability	30
	224	Risk assessment—regular review	31
	225	Risk assessment—5-year review	31
	226	Consultation with employees	32
	227	Substitution and reduction	33
Part 2.4	Registrable premises—risk control
Division 2.4.1	Registrable premises—isolation, stability and interaction
	228	Isolation	34
	229	Stability	34
	230	Preventing interaction with other substances	36
	231	Preventing contamination of food or personal products	36
Division 2.4.2	Registrable premises—plant and structures
	232	Tanks for bulk dangerous substances	36
	233	Decommissioning	37
	234	Protection from impact	38
	235	Personal protective or safety equipment	38
Division 2.4.3	Registrable premises—lighting, access and security
	236	Lighting	40
	237	Access	40
	238	Security	40
Division 2.4.4	Registrable premises—spills
	239	Spill containment	41
	240	Transfer of dangerous substances	42
	241	Equipment for clean-ups	43
Division 2.4.5	Registrable premises—atmospheric risks
	242	Ignition sources	44
	243	Ventilation and atmospheric emissions	44
Division 2.4.6	Risk control—fire protection
	244	Fire protection	45
Part 2.5	Registrable premises—information
Division 2.5.1	Registrable premises—communication
	245	Information for substance handlers	48
	246	Information for plant users	50
	247	Information for visitors	51
Division 2.5.2	Registrable premises—keeping accurate information
	248	Keeping safety data sheets	52
	249	Register of dangerous substances	53
	250	Records—change of person in control	54
Division 2.5.3	Registrable premises—labels
	251	Incorrectly labelled packages	55
	252	Labelling and removing labelling from packages	56
	253	Labelling portable containers	56
Division 2.5.4	Registrable premises—placards
	254	Placards—requirement to display	57
	255	Placards—location of HAZCHEM outer warnings	59
	256	Placards—location of information placards	59
	257	Placards—form of HAZCHEM outer warning placard	60
	258	Placards—form of information placards for tanks	60
	259	Placards—form of information placards for packages	60
Part 2.6	Registrable premises—registration
	260	Placard quantity register	61
	261	Registration—placard quantity notices	61
	262	Registration—further information notices	62
	263	Registration—obligation to register	63
	264	Registration—duration and renewal	63
	265	Registration—significant change of risk	64
	266	Registration—further information about risk change	65
	267	Registration—amendment or cancellation	66
Part 2.7	Registrable premises—dangerous occurrence reporting
	268	Records of actual and likely dangerous occurrences—Act, s 216 (1) (m)	68
	269	Form of records of actual and likely dangerous occurrences	69
Part 2.8	Manifest quantity registrable premises
Division 2.8.1	Manifest quantity registrable premises—manifests
	270	Manifests—requirement to keep	70
	271	Manifests—must be kept up to date	70
	272	Manifests—how kept	70
Division 2.8.2	Manifest quantity registrable premises—emergency plans
	273	Meaning of emergency plan—div 2.8.2	71
	274	Emergency plan—safety management systems for Act,
s 19 (1) (e)	71
	275	Emergency plan—making	71
	276	Emergency plan—instruction for employee representatives and neighbouring occupiers	72
	277	Emergency plan—review as necessary	73
	278	Emergency plan—5-year review	74
	279	Emergency plan—consultation for review	76
Part 2.9	Non-registrable premises
Division 2.9.1	Non-registrable premises—safety management system requirements
	280	Non-registrable premises—safety management system requirements for Act, s 19 (1) (e)	77
	281	Non-registrable premises—hazard identification for Act,
s 19 (2)	77
Division 2.9.2	Non-registrable premises—risk control
	282	Non-registrable premises—preventing interaction with other substances	78
	283	Non-registrable premises—preventing contamination of food or personal products	79
	284	Non-registrable premises—decommissioning	79
	285	Non-registrable premises—personal protective or safety equipment	79
	286	Non-registrable premises—lighting	80
	287	Non-registrable premises—access	81
	288	Non-registrable premises—security	81
	289	Non-registrable premises—spill containment	81
	290	Non-registrable premises—transfer of dangerous substances	82
	291	Non-registrable premises—equipment for clean-ups	83
	292	Non-registrable premises—ignition sources	83
	293	Non-registrable premises—ventilation and atmospheric emissions	84
Division 2.9.3	Non-registrable premises—information
	294	Non-registrable premises—information for substance handlers	85
	295	Non-registrable premises—information for plant users	86
	296	Non-registrable premises—information for visitors	86
	297	Non-registrable premises—safety data sheets	87
	298	Non-registrable premises—register of dangerous substances	88
	299	Non-registrable premises records—change of person in control	89
	299A	Non-registrable premises—incorrectly labelled packages	89
	299B	Non-registrable premises—information placards for tanks	90
Chapter 3	Asbestos and asbestos products
Part 3.1	Important concepts
	300	Object—ch 3	91
	301	Definitions—ch 3	91
	302	Meaning of authorised activity and authorised activity condition—ch 3	92
	303	When asbestos and asbestos product correctly packed—Act, s 14 (1) (a)	92
	304	When asbestos and asbestos product correctly labelled—Act, s 14 (2) (a)	93
	305	Asbestos and asbestos products are prohibited dangerous substances—Act, s 73	93
Part 3.2	Authorised handling of asbestos and asbestos products
	306	Authorised importation of asbestos and asbestos products—Act, s 75 (1) (b)	94
	307	Authorised supply of asbestos and asbestos products—Act, s 76 (1) (b) and (3) (b)	95
	308	Authorised possession of asbestos and asbestos products—Act, s 77 (1) (b)	97
	309	Storage of asbestos and asbestos products—Act, s 78 (1) (a)	98
	310	Authorised use of asbestos and asbestos products—Act, s 79 (1) (b)	98
Part 3.4	Asbestos management—non‑residential premises
	322	Application—pt 3.4	101
	323	Definitions—pt 3.4	101
	324	Meaning of non-residential premises—pt 3.4	103
	325	Asbestos management plan	103
	326	Asbestos management plan—review	106
	327	Asbestos register	107
	328	Asbestos register—access	109
	329	Asbestos register—review	110
	330	Identifying asbestos products etc	111
	331	Presumed presence of asbestos products	111
	332	Asbestos warning signs etc	112
	333	Asbestos risk assessment	113
	334	Asbestos risk assessment—review	114
	335	Asbestos—atmospheric monitoring	114
	336	Atmospheric asbestos—exposure standard exceeded	115
Chapter 4	Security sensitive substances
Part 4.1	Important concepts
	400	Meaning of security sensitive substance—ch 4	116
	401	Security sensitive substance is controlled dangerous substance—Act, s 73	116
	402	Definitions—ch 4	116
Part 4.2	Security sensitive substances—general duties
	403	Loss or theft of security sensitive substances—reporting	119
Part 4.3	Security sensitive substances—general licence requirements
	404	Suitable person to hold licence—Act, s 49 (1) (i)	120
	405	Licence may only be issued for authorised purposes	120
Part 4.4	Manufacturing security sensitive substances
	406	Meaning of manufacturing licence—ch 4	121
	407	Authority to manufacture security sensitive substances	121
	408	Person in control of manufacture—Act, s 17 (1) (e)	121
	409	Manufacturing licence applications—Act, s 50 (2)	122
	410	Manufacturing licence applications—security plans	122
	411	Manufacturing licence conditions—Act, s 53 (2) (b)	123
	412	Manufacturing licences—review of security plans	124
	413	Manufacture records	125
Part 4.5	Importing security sensitive substances
	414	Meaning of import licence—ch 4	126
	415	Authority to import security sensitive substances	126
	416	Person in control of import—Act, s 17 (1) (e)	126
	417	Import licence applications—Act, s 50 (2)	127
	418	Import licence conditions—Act, s 53 (2) (b)	127
	419	Notice of import	128
	420	Import records	129
Part 4.6	Carrying security sensitive substances
	421	Carrying definitions—ch 4	130
	422	Application of pt 4.6	130
	423	Authority to carry security sensitive substances by road	131
	424	Authority to carry security sensitive substances by rail	131
	425	Engaging someone else to carry security sensitive substances	132
	426	Person in control of carrying security sensitive substances—Act, s 17 (1) (e)	132
	427	Carrying licence applications—Act, s 50 (2)	133
	428	Carrying licence applications—security plans	134
	429	Carrying licence conditions—Act, s 53 (2) (b)	134
	430	Carrying licences—review of security plans	135
	431	Route and time restrictions	136
Part 4.7	Storing security sensitive substances
	432	Meaning of storage licence—ch 4	137
	433	Authority to store security sensitive substances	137
	434	Person in control of storing security sensitive substances—Act, s 17 (1) (e)	138
	435	Storage licence applications—Act, s 50 (2)	138
	436	Storage licence applications—security plans	139
	437	Storage licence conditions—Act, s 53 (2) (b)	139
	438	Storage licences—review of security plans	140
	439	Storage records	141
Part 4.8	Supplying security sensitive substances
Division 4.8.1	Supply licences
	440	Meaning of supply licence—ch 4	143
	441	Authority to supply security sensitive substances	143
	442	Person in control of supply—Act, s 17 (1) (e)	143
	443	Supply licence applications—Act, s 50 (2)	144
	444	Supply licence conditions—Act, s 53 (2) (b)	144
	445	Supply only to authorised people	145
	446	Supply records	146
Division 4.8.2	Advertising supply of security sensitive substances
	447	False or misleading statements about authority to supply security sensitive substances	147
Part 4.9	Using security sensitive substances
	448	Meaning of user licence—ch 4	149
	449	Application of pt 4.9	149
	450	Authority to use security sensitive substances	149
	451	Person in control of use—Act, s 17 (1) (e)	150
	452	User licence applications—Act, s 50 (2)	150
	453	User licence conditions—Act, s 53 (2) (b)	151
	454	Use of security sensitive substances—responsibilities of person in control	152
	455	Use records	152
Part 4.10	Disposal of security sensitive substances
	456	Meaning of dispose—pt 4.10	153
	457	Application of pt 4.10	153
	458	Authority to dispose of security sensitive substances	153
	459	Conditions for disposal of security sensitive substances—Act, s 53 (2) (b)	154
	460	Discarding security sensitive substances	154
	461	Secure disposal of security sensitive substances—general rules	155
	462	Secure disposal of security sensitive substances—inspector’s instructions	155
	463	Disposal records	155
Chapter 5	Notification and review of decisions
	500	Internally reviewable decisions—Act, s 186, def internally reviewable decision	157
	501	Reviewable decisions—Act, s 186, def reviewable decision	157
	502	Internally reviewable decisions—right of review and notice—Act, s 186A and s 187 (1) (a)	157
	503	Reviewable decisions—right of review and notice—Act, s 190 and s 191 (1) (a)	157
Schedule 1	Dangerous substances—quantity	158
	1.1	Quantity—packaged dangerous substances	161
	1.2	Quantity—dangerous substances in tanks	162
	1.3	Quantity—solid dangerous substances	162
	1.4	Quantity—substances that are part of articles	162
Schedule 2	Placards	163
Part 2.1	HAZCHEM warning placard	163
	2.1	HAZCHEM outer warning placard	163
Part 2.2	Information placards—tanks	164
	2.2	Tank placards—general requirements	164
	2.3	Tank placards—classifiable dangerous substances	164
	2.4	Tank placards—goods too dangerous to be transported	165
Part 2.3	Information placards—packaged substances	167
	2.5	Information placards for packaged dangerous substances	167
Part 2.4	Information placards—combustible liquids	168
	2.6	Information placards for C1 combustible liquids	168
Schedule 3	Manifests	169
	3.1	Manifests—general information	169
	3.2	Manifests—dangerous substances in tanks other than IBCs	169
	3.3	Manifests—packaged dangerous substances and IBCs	170
	3.4	Manifests—manufacturing dangerous substances	171
	3.5	Manifests—dangerous substances in transit	171
	3.6	Manifests—plan of premises	171
Schedule 4	Security sensitive substances	173
	4.1	Meaning of security sensitive ammonium nitrate—table 4.1	174
Schedule 5	Reviewable decisions	176
Part 5.1	Chief executive—reviewable decisions under Act	176
Part 5.2	Inspectors—internally reviewable decisions under Act	178
Part 5.3	Chief executive—reviewable decisions under this regulation	179
Dictionary		180
Endnotes
	1	About the endnotes	189
	2	Abbreviation key	189
	3	Legislation history	190
	4	Amendment history	191
	5	Earlier republications	202

Australian Capital Territory
Dangerous Substances (General) Regulation 2004     

made under the
Dangerous Substances Act 2004

    

  

Chapter 1	Preliminary
1	Name of regulation
This regulation is the Dangerous Substances (General) Regulation 2004.
3	Dictionary
The dictionary at the end of this regulation is part of this regulation.
Note 1	The dictionary at the end of this regulation defines certain terms used in this regulation, and includes references (signpost definitions) to other terms defined elsewhere in this regulation.
For example, the signpost definition ‘asbestos, for chapter 3 (Asbestos and asbestos products)—see section 301.’ means that the term ‘asbestos’ is defined in that section for chapter 3.
Note 2	A definition in the dictionary (including a signpost definition) applies to the entire regulation unless the definition, or another provision of the regulation, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
4	Notes
A note included in this regulation is explanatory and is not part of this regulation.
Note	See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
5	Incorporated documents
	(1)	If a provision of an incorporated document that applies to this regulation is inconsistent with a provision of this regulation, the provision of this regulation prevails to the extent of the inconsistency.
	(2)	For this regulation, a reference to an incorporated document (in this regulation or in another incorporated document) is a reference to—
	(a)	if the document is properly notified—the document as in effect at the commencement of this section; and
	(b)	if the document is amended after the commencement of this section, and the amendment is properly notified—the document as amended by the amendment; and
	(c)	if the document (or a replacement document mentioned in this paragraph) is replaced by another document after the commencement of this section, and the replacement document is properly notified—the replacement document; and
	(d)	if a replacement document mentioned in paragraph (c) is amended, and the amendment is properly notified—the replacement document as amended.
Example of replacement document
a new edition of an incorporated document published after the commencement of this section
Note 1	If a document, amendment or replacement document is not properly notified, as described in s (4), the document, amendment or replacement document has no effect (see Act, s 220 (4)).
Note 2	An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(3)	If this regulation requires compliance (however expressed) with an incorporated document, and a provision of the document is expressed in advisory terms only (for example, as a recommendation rather than a requirement), this regulation is taken to require compliance with the provision unless the provision cannot reasonably be interpreted in that way.
	(4)	In this section:
incorporated document means any of the following:
	(a)	AS 2700S–1996 (R13) (Colour standards for general purposes—signal red);
	(b)	AS 2700S–1996 (Y11) (Colour standards for general purposes—canary);
	(c)	AS/NZS 2106 (Methods for the determination of the flash point of flammable liquids (closed cup));
Note	This includes AS/NZS 2106.0 to AS/NZS 2106.6.
	(d)	AS/NZS 2430.3 (Classification of hazardous areas);
Note	This includes AS/NZS 2430.3.1 to AS/NZS 2430.3.9.
	(e)	AS/NZS 60079.10 (Electrical apparatus for explosive gas atmospheres—Classification of hazardous areas);
	(f)	AS/NZS 61241.3 (Electrical apparatus for use in the presence of combustible dust—Classification of areas where combustible dusts are or may be present);
	(g)	the International Air Transport Association Regulations;
	(h)	the International Civil Aviation Organization Standards;
	(i)	the International Maritime Dangerous Goods Code;
	(j)	the National Exposure Standards;
	(k)	any other document incorporated, applied or adopted by a document mentioned in paragraphs (a) to (j).
Note	Provisions of the Australian Dangerous Goods Code and Australian Standard 1940 also apply to this regulation.  See the Act, s 9 and s 10 (3) and (4) for similar provisions relating to those documents relating to their application for the Act and this regulation.
properly notified—a document, amendment or replacement document mentioned in subsection (2) is properly notified if—
	(a)	an incorporated document notice under the Act, section 220 is notified in relation to the document, amendment or replacement document; or
	(b)	the document, amendment or replacement document is notified under the Legislation Act, section 47 (6).
Note	For the meaning of notification, see the Legislation Act, s 63.
6	Meaning of ensure
	(1)	This section applies if a provision of this regulation requires a person to ensure that something is or is not done in relation to a dangerous substance.
	(2)	The requirement is satisfied if the person takes reasonable steps to eliminate the hazards, and eliminate or minimise the risks, that might result if the requirement were not met.
	(3)	Subsection (2) does not limit the ways in which the requirement may be satisfied.
Note	The following terms are defined in the Act:
·	hazard (see s 15 (1))
·	risk (see s 15 (2))
·	reasonable steps (see s 16).
7	Offences against regulation—application of Criminal Code etc
Other legislation applies in relation to offences against this regulation. 
Note 1	Criminal Code
The Criminal Code, ch 2 applies to all offences against this regulation (see Code, pt 2.1).
The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).
Note 2	Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

Chapter 2	Certain dangerous substances
Part 2.1	Important concepts
Division 2.1.1	Application of ch 2
200	Application—ch 2
	(1)	This chapter applies only in relation to the following dangerous substances:
	(a)	dangerous substances classes 2, 3, 4, 5, 6.1, 8 and 9;
Note	Dangerous substances have the classes the Australian Dangerous Goods Code gives to the corresponding dangerous goods.  See s 203, def class.
	(b)	goods too dangerous to be transported, other than unstable explosive articles or substances within the meaning of the Dangerous Substances (Explosives) Regulation 2004, section 9;
	(c)	C1 combustible liquids;
	(d)	if a C2 combustible liquid is taken to be a dangerous substance under subsection (2)—the C2 combustible liquid.
	(2)	A C2 combustible liquid is taken to be a dangerous substance for the Act (including this regulation) if it is handled together with a fire risk dangerous substance.
Note 1	For the classification scheme for dangerous substances applied by this chapter, see the Australian Dangerous Goods Code (see s 203, def class).
Note 2	The classes of dangerous substances are as follows:
·	class 2—gases
·	class 3—flammable liquids
·	class 4—flammable solids
·	class 5—oxidizing substances; organic peroxides
·	class 6.1—toxic substances
·	class 8—corrosive substances
·	class 9—miscellaneous substances and articles.
Note 3	The classes and types of dangerous substances to which this chapter does not apply are as follows:
·	class 1—explosives (see the Dangerous Substances (Explosives) Regulation 2004)
·	class 6.2—infectious substances
·	class 7—radioactive substances
·	hazardous substances that cannot be given a dangerous substances classification (see the Act, s 10, the NOHSC approved criteria and the NOHSC List of Designated Hazardous Substances, which define certain dangerous substances that are also hazardous substances).
Note 4	The Act (including this regulation) does not apply to certain substances and other things (see Act, s 7).
201	Non-application of ch 2—non-commercial handling
This chapter does not apply in relation to the non-commercial handling of a dangerous substance.
Note	The handling of a dangerous substance is non-commercial if it does not take place in the course of trade or commerce (see Act, s 12).  Trade or commerce includes a business or professional activity (see Act, dict).
202	Non-application of ch 2—air and marine transport
This chapter does not apply in relation to a dangerous substance at particular premises if—
	(a)	the dangerous substance is on a vehicle at the premises, and is in transit; and
	(b)	1 or more of the following (the applicable rules) apply to the vehicle, the substances making up the vehicle’s load or the way the substances are being handled:
	(i)	the International Air Transport Association Regulations;
	(ii)	the International Civil Aviation Organization Standards;
	(iii)	the International Maritime Dangerous Goods Code; and
	(c)	the vehicle, the substances making up the vehicle’s load and the way the substances are being handled comply with the applicable rules.
Note	See the Dangerous Goods (Road Transport) Act 2009 for the transport by road of certain dangerous substances that are classified as dangerous goods under that Act.
Division 2.1.2	Definitions for ch 2
203	Definitions—ch 2
In this chapter:
C1 combustible liquid means a combustible liquid with a flashpoint of 150C or less.
C2 combustible liquid means a combustible liquid with a flashpoint of more than 150C.
capacity, of a container, means the total internal volume of the container at 15˚C, expressed in litres or cubic metres.
class, of a dangerous substance of a particular kind, has the meaning given by the Australian Dangerous Goods Code for dangerous goods of the same kind.
Note 1	See the Australian Dangerous Goods Code, div 2.1.
Note 2	The notes to s 200 (Application—ch 2) indicate which classes of dangerous substance this chapter applies to.
class label, for a class of dangerous substances of a particular kind, means the class label required by the Australian Dangerous Goods Code for dangerous goods of the same kind.
Note	See the Australian Dangerous Goods Code, cl 7.1.1 and table 7.1.
combustible liquid means a combustible liquid under Australian Standard 1940.
compatible—2 substances are compatible if they do not react together to cause a fire, explosion, harmful reaction or the evolution of flammable, toxic or corrosive vapours.
Examples of substances that are not compatible
1	concentrated strong acids and concentrated strong alkalis
2	cyanides and acids
Note	An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
container, for a dangerous substance, means anything in or by which the substance is completely or partly cased, covered, enclosed, contained or packed.
dangerous substance means a dangerous substance to which this chapter applies under section 200.
Note	See also the Act, s 10, def dangerous substance.
emergency plan, for div 2.8.2 (Manifest quantity registrable premises—emergency plans)—see section 273.
emergency service—see the Emergencies Act 2004, dictionary.
fire risk dangerous substance means a dangerous substance that burns readily or supports combustion, if the substance—
	(a)	is of class 2.1, 3, 4 or 5; or
	(b)	has a subsidiary risk of 2.1, 3, 4 or 5.
flashpoint, of a liquid, means the temperature at which the liquid first evolves vapour in a sufficient quantity to be ignited when tested in accordance with—
	(a)	AS/NZS 2106 (Methods for the determination of the flash point of flammable liquids (closed cup)); or
	(b)	a technical standard that provides a test corresponding to the test under AS/NZS 2106.
importer, of a dangerous substance, means a person in control of the import of the substance.
Note	The following terms are defined in the Act:
·	person in control (see Act, s 17)
·	import (see Act, dict).
in transit—a dangerous substance at premises is in transit while—
	(a)	it has remained at the premises for 5 days or less; and
	(b)	it has not been used at the premises; and
	(c)	for a substance that arrived at the premises in a closed package—the package remains unopened.
manifest quantity—see section 205.
manifest quantity registrable premises—see section 209.
manufacturer, of a dangerous substance, means a person in control of the manufacture of the substance.
Note	The following terms are defined in the Act:
·	person in control (see Act, s 17)
·	manufacture (see Act, dict).
non-registrable premises—see section 210.
package, of a dangerous substance—
	(a)	means the complete product of the packing of the substance; and
	(b)	consists of the substance and its packaging.
packaged—a dangerous substance is packaged if it is in a container—
	(a)	for a class 2 dangerous substance—with a capacity of not more than 500L; or
	(b)	for a dangerous substance of another kind—with a capacity of not more than 450L or a net mass of not more than 400kg.
packaging, of a dangerous substance—
	(a)	means the container in which the substance is handled; and
	(b)	includes anything that enables the container to receive or hold the substance, or to be closed.
packing group, for a dangerous substance of a particular kind, has the meaning given by the Australian Dangerous Goods Code in relation to dangerous goods of the same kind.
pipework means any of the following, if used in association with a dangerous substance:
	(a)	a pipe or an assembly of pipes;
	(b)	associated pipe fittings, valves or pipe accessories.
placard quantity—see section 204.
placard quantity notice—see section 261.
placard quantity register—see section 260.
proper shipping name, of a dangerous substance of a particular kind, has the meaning given by the Australian Dangerous Goods Code for dangerous goods of the same kind.
Note	See the Australian Dangerous Goods Code, cl 2.2.1.
registrable premises—see section 208.
retailer, of a dangerous substance, means a person in control of the retail supply of the substance.
Note	The following terms are defined in the Act:
·	person in control (see Act, s 17)
·	supply (see Act, dict).
risk assessment, for a hazard at premises—see section 222 (Risk assessment—making).
safety data sheet (or SDS)—see section 215.
Note	Safety data sheets are referred to in some corresponding laws and the National Standard for the Storage and Handling of Workplace Dangerous Goods as material safety data sheets.
SDS—see section 215.
subsidiary risk, for a dangerous substance of a particular kind, has the meaning given by the Australian Dangerous Goods Code in relation to dangerous goods of the same kind.
subsidiary risk label, for a dangerous substance of a particular kind, means the subsidiary risk label required by the Australian Dangerous Goods Code for dangerous goods of the same kind.
Note	See the Australian Dangerous Goods Code, cl 7.1.1 and table 7.2.
supplier, of a dangerous substance, means a person in control of the supply of the substance.
Note	The following terms are defined in the Act:
·	person in control (see Act, s 17)
·	supply (see Act, dict).
tank means a container containing a dangerous substance—
	(a)	for a class 2 dangerous substance—with a capacity of more than 500L; or
	(b)	for any other dangerous substance—with a capacity of more than 450L or a net mass of more than 400kg.
transfer, of a dangerous substance, means a process that involves—
	(a)	the filling, loading, pumping or pouring of the substance into a container; or
	(b)	the discharging, unloading, pumping or pouring of the substance from a container.
Note	Transit—see in transit.
work safety representative—see the Work Safety Act 2008, dictionary.
Division 2.1.3	Quantities of dangerous substances
204	Meaning of placard quantity—ch 2
	(1)	For this chapter, a placard quantity of a dangerous substance to which an item in schedule 1, table 1.1 (other than item 4 or 6) applies is the total quantity of the dangerous substance stated in the item as the placard quantity for the substance (in relation to any relevant packing group or groups).
	(2)	For this chapter—
	(a)	a reference to the placard quantity, at particular premises, of a dangerous substance to which schedule 1, table 1.1, item 4 or 6 applies includes a reference to the total quantity stated in the item as the placard quantity for all the substances to which the item applies, taken together, that are handled at the premises; and
	(b)	in the application of paragraph (a), the reference in this chapter to the substance is taken to be a reference to all the substances to which the item applies that are handled at the premises.
Note 1	If the total quantity of dangerous substances is made up of quantities of some substances worked out under sch 1 in kilograms and others worked out under sch 1 in litres, the total quantity is worked out by adding the total number of kilograms to the total number of litres (see s 206).
Note 2	Sch 1, table 1.1, item 4 applies to mixed classes of dangerous substances.
Note 3	Sch 1, table 1.1, item 6 applies to combustible liquids that are handled with fire risk dangerous substances.
205	Meaning of manifest quantity—ch 2
	(1)	For this chapter, a manifest quantity of a dangerous substance to which an item in schedule 1, table 1.1 (other than item 4 or 6) applies is the total quantity of the dangerous substance stated in the item as the manifest quantity for the substance (in relation to any relevant packing group or groups).
	(2)	For this chapter—
	(a)	a reference to the manifest quantity, at particular premises, of a dangerous substance to which schedule 1, table 1.1, item 4 or 6 applies includes a reference to the total quantity stated in the item as the manifest quantity for all the substances to which the item applies, taken together, that are handled at the premises; and
	(b)	in the application of paragraph (a), the reference in this chapter to the substance is taken to be a reference to all the substances to which the item applies that are handled at the premises.
Note 1	If the total quantity of dangerous substances is made up of quantities of some substances worked out under sch 1 in kilograms and others worked out under sch 1 in litres, the total quantity is worked out by adding the total number of kilograms to the total number of litres (see s 206).
Note 2	Sch 1, table 1.1, item 4 applies to mixed classes of dangerous substances.
Note 3	Sch 1, table 1.1, item 6 applies to combustible liquids that are handled with fire risk dangerous substances.
206	Meaning of total quantity—ch 2
For this chapter, if the quantity of dangerous substances of some kinds is measured in kilograms, and the quantity of dangerous substances of other kinds is measured in litres, the total quantity of both kinds of substances, taken together, is the number of kilograms added to the number of litres.
Example
Under section 261 (Registration—placard quantity notices), a person in control of premises commits an offence if the total quantity of dangerous substances at the premises is at least the placard quantity, and the premises are not registered under part 2.6.  The placard quantity of class 9 dangerous substances in packing group II is 1 000kg or L (see sch 1, table 1.1, item 3).
Samara is a person in control of premises where there is 750kg of a particular kind of class 9 dangerous substance and 800L of another kind of class 9 dangerous substance (each in packing group II).  There are no other dangerous substances at the premises.
The total quantity of class 9 dangerous substances (of packing group II) stored at the premises is 1 550kg or L (750kg + 800L).  This exceeds the placard quantity for those substances (see section 204, def placard quantity).  Accordingly, Samara must register the premises under part 2.6 to avoid committing an offence against section 261 (Registration—placard quantity notices) while storing that quantity of those substances there.
Note 1	The applicable methods for working out quantities of dangerous substances are set out in sch 1 (Dangerous substances—quantity) (see s 207 (Working out quantities—ch 2)).
Note 2	An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
207	Working out quantities—ch 2
For this chapter, schedule 1 (Dangerous substances—quantity) sets out the methods to be applied in working out quantities of dangerous substances.
Division 2.1.4	Premises
208	Meaning of registrable premises—ch 2
For this chapter, premises are registrable premises if a dangerous substance is present, or is likely to be present, at the premises in at least the placard quantity.
209	Meaning of manifest quantity registrable premises—ch 2
For this chapter, premises are manifest quantity registrable premises if a dangerous substance is present, or is likely to be present, at the premises in at least the manifest quantity.
Note	All manifest quantity registrable premises are also registrable premises, because all manifest quantities listed in sch 1, table 1.1 are greater than the placard quantities listed in the schedule that qualify premises as registrable premises (see section 208 (Meaning of registrable premises)).
210	Meaning of non-registrable premises—ch 2
For this chapter, premises are non-registrable premises if—
	(a)	a dangerous substance is present, or is likely to be present, at the premises; but
	(b)	the premises are not registrable premises.

Part 2.2	Manufacturers, importers and suppliers
Division 2.2.1	Packing, marking and supply
211	Correct classification—Act, s 13
A dangerous substance is correctly classified if—
	(a)	the substance can be classified under the Australian Dangerous Goods Code; and
	(b)	the correct UN number, class, subsidiary risk and packing group have been given to the substance under the Australian Dangerous Goods Code.
Note 1	See Australian Dangerous Goods Code, cl 1.1.3, def Class, Packing Group, Subsidiary Risk and UN Number, and appendix 2. 
Note 2	Under the Act, s 13 (1) (a), a dangerous substance is correctly classified if it is classified in accordance with the regulations.  For the Act, s 26, s 27 or s 28, a manufacturer, importer or supplier of the substance must ensure that it is correctly classified.  Failure to comply may be an offence against the Act, pt 3.2.
212	Correct packing—Act, s 14
	(1)	A dangerous substance (other than a substance mentioned in subsection (2)) is correctly packed if the Australian Dangerous Goods Code is complied with for—
	(a)	the condition of the substance; and
	(b)	the packaging containing the substance.
Note	See the Australian Dangerous Goods Code, ch 3 (Packaging).
	(2)	A dangerous substance that is a good too dangerous to be transported or a C1 combustible liquid is correctly packed if the substance is packed in packaging that is of a type and in a condition that will hold the substance and not react adversely with it.
	(3)	This section does not apply to the packing of a dangerous substance if section 214 (Supply by retailer in consumer’s container—Act, s 14) applies to the supply of the substance.
Note	Under the Act, s 14 (1), a dangerous substance is correctly packed if it is packed in accordance with the regulations.  For the Act, s 26, s 27 or s 28, a manufacturer, importer or supplier of the substance must ensure that it is correctly packed.  Failure to comply may be an offence against the Act, pt 3.2.
213	Correct labelling—Act, s 14
	(1)	A dangerous substance (other than a substance mentioned in subsection (2)) is correctly labelled if the Australian Dangerous Goods Code is complied with for the marking on the package of the substance.
Note	See the Australian Dangerous Goods Code, ch 7 (Marking and placarding).
	(2)	A dangerous substance that is a good too dangerous to be transported or a C1 combustible liquid is correctly labelled if the package of the substance is clearly labelled with the substance’s name. 
	(3)	This section does not apply to the labelling of a dangerous substance if section 214 (Supply by retailer in consumer’s container—Act, s 14) applies to the supply of the substance.
Note	Under the Act, s 14 (2) (a), a dangerous substance is correctly labelled if it is labelled in accordance with the regulations.  For the Act, s 26, s 27 or s 28, a manufacturer, importer or supplier of the substance must ensure that it is correctly labelled.  Failure to comply may be an offence against the Act, pt 3.2.
214	Supply by retailer in consumer’s container—Act, s 14
	(1)	This section applies if a retailer of a dangerous substance supplies the substance to a person in a container supplied by the person, with—
	(a)	for a class 2 dangerous substance—a capacity of not more than 500L; or
	(b)	for any other dangerous substance—a capacity of not more than 450L, or a net mass of not more than 400kg.
	(2)	The dangerous substance is correctly packed if—
	(a)	for a class 2 dangerous substance—the container is packaging that meets the requirements of the Australian Dangerous Goods Code for class 2 dangerous goods; or
	(b)	for another dangerous substance, the container—
	(i)	is of a type and in a condition that will hold the substance and not react adversely with it; and
	(ii)	has the name of the substance clearly marked on the container; and
	(iii)	is not ordinarily used to hold foodstuffs, and cannot be mistakenly identified as containing foodstuffs.
Note 1	For par (a), see the Australian Dangerous Goods Code, ch 3 (Packaging).
Note 2	Under the Act, s 14 (1) (a), a dangerous substance is correctly packed if it is packed in accordance with the regulations.  For the Act, s 28, a supplier of the substance who is a retailer of the substance must ensure that it is correctly packed.  Failure to comply may be an offence against the Act, pt 3.2.
Division 2.2.2	Safety data sheets
215	SDS preparation and review—Act, s 26 (1) (e) and s 27 (1) (e)
	(1)	A manufacturer or importer of a dangerous substance must—
	(a)	prepare a document that complies with this section (a safety data sheet or SDS) for the substance—
	(i)		before first manufacturing or importing the substance; or
	(ii)	if that is not practicable—as soon as practicable after first manufacturing or importing the substance; and
	(b)	review the safety data sheet at least once every 5 years; and
	(c)	amend the safety data sheet whenever necessary to ensure that it contains correct current information.
Example for par (a) (ii)
It may not be practicable to prepare a safety data sheet before first manufacturing a dangerous substance if the substance is discovered through research.
Note 1	For the Act, s 26 or s 27, a manufacturer or importer of a dangerous substance must ensure that the safety information prescribed by regulation is prepared and kept up to date in accordance with the regulations.  Failure to comply may be an offence against the Act, pt 3.2.
Note 2	An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(2)	A safety data sheet for a dangerous substance must—
	(a)	be in English; and
	(b)	contain unit measures expressed in Australian legal units of measurement under the National Measurement Act 1960 (Cwlth); and
	(c)	state the date it was last reviewed or, if it has not been reviewed, the date it was prepared; and
	(d)	state the product name for the substance; and
	(e)	unless the substance is a good too dangerous to be transported—state the proper shipping name, UN number, class, subsidiary risk and packing group of the substance; and
	(f)	if the substance is a good too dangerous to be transported—state the name of the substance as mentioned in the Australian Dangerous Goods Code, appendix 5; and
	(g)	state the following information about the substance:
	(i)	the chemical and physical properties;
	(ii)	the health and safety hazards;
	(iii)	how it may be safely used;
	(iv)	first-aid information; and
	(h)	state the manufacturer’s or importer’s name, Australian address and Australian telephone number; and
	(i)	state the following information about the substance:
	(i)	the chemical name of the ingredients of the substance or, if the identity of an ingredient is commercially confidential, the generic name for the ingredient;
	(ii)	the proportion or the proportion ranges of the ingredients in the substance.
	(3)	However, subsection (2) (i) does not apply if—
	(a)	the manufacturer or importer considers giving the information about an ingredient would cause commercial disadvantage; and
	(b)	the ingredient is not a dangerous substance; and
	(c)	the ingredient does not have a known synergistic effect; and
	(d)	the safety data sheet includes either of the following statements:
	(i)	‘other ingredients determined not to be dangerous substances’;
	(ii)	‘other ingredients determined not to be dangerous goods’.
216	SDS prepared under corresponding law
	(1)	Section 215 (Preparing, amending and reviewing safety data sheets) does not apply to a manufacturer or importer of a dangerous substance if the manufacturer or importer has already prepared a document corresponding to a safety data sheet for the substance under a corresponding law.
	(2)	In this section:
corresponding law means any of the following laws that provides for the preparation of a document corresponding to a safety data sheet for the substance:
	(a)	another law of the Territory;
	(b)	a law of the Commonwealth, a State or another Territory.
217	Provision of SDS by manufacturer, importer or supplier—Act, s 26 (1) (e), s 27 (1) (e) and s 28 (1) (e)
	(1)	A manufacturer, importer or supplier of a dangerous substance must ensure that a copy of the current safety data sheet for the substance is provided—
	(a)	to a person on or before the first occasion the substance is supplied to the person for use; and
	(b)	if the safety data sheet is amended under section 215 (SDS preparation and review—Act, s 26 (1) (e) and s 27 (1) (e)—to a person on or before the first occasion the substance is supplied to the person after the amendment for use; and
	(c)	on request—
	(i)	to the person in control of any premises where the substance is handled; or
	(ii)	to the chief executive.
Note	For the Act, s 26, s 27 or s 28, a manufacturer, importer or supplier of a dangerous substance must ensure that the safety information prescribed by regulation is prepared and kept up to date in accordance with the regulations.  Failure to comply may be an offence against the Act, pt 3.2.
	(2)	Subsection (1) does not apply to a supplier if—
	(a)	the supplier is a retailer and the dangerous substance is packaged; or
Note	A dangerous substance is packaged if it is in a container of a defined limited capacity (see s 203 (Definitions—ch 2)).
	(b)	the supplier is a retailer supplying fuel to a vehicle; or
	(c)	the supplier is a retailer to whom section 214 (Supply by retailer in consumer’s container, Act, s 14) applies.
218	Additional information for doctors—Act, s 26 (1) (e) and s 27 (1) (e)
	(1)	This section applies if—
	(a)	the chemical name of an ingredient of a dangerous substance is not stated on the safety data sheet for the substance or the marking on the package of the substance; and
Note	Section 215 (3) (SDS preparation and review—Act, s 26 (1) (e) and s 27 (1) (e)) provides that the manufacturer or importer need not list a chemical ingredient of a dangerous substance in the SDS for the substance in certain circumstances.
	(b)	a doctor believes on reasonable grounds that knowing the chemical name of the ingredient may help the doctor to treat a patient; and
	(c)	the doctor asks a manufacturer or importer of the substance for the chemical name of the ingredient.
	(2)	The manufacturer or importer must immediately comply with the doctor’s request. 
Maximum penalty:  15 penalty units.
Note	For the Act, s 26 or s 27, a manufacturer or importer of a dangerous substance must ensure that the safety information prescribed by regulation is supplied in accordance with the regulations.  Failure to comply may be an offence against the Act, pt 3.2.
	(3)	An offence against this section is a strict liability offence.
219	Additional information for people responsible for health and safety—Act, s 26 (1) (e) and s 27 (1) (e)
	(1)	This section applies if—
	(a)	the chemical name of an ingredient of a dangerous substance is not stated on the safety data sheet for the substance or the marking on the package of the substance; and
Note	Section 215 (3) (SDS preparation and review—Act, s 26 (1) (e) and s 27 (1) (e)) provides that the manufacturer or importer need not list a chemical ingredient of a dangerous substance in the SDS for the substance in certain circumstances.
	(b)	a responsible person believes on reasonable grounds that making a request under this section to a manufacturer or importer of the substance for the chemical name of the ingredient is justified; and
	(c)	the responsible person makes the request, stating the reasons for the request.
	(2)	For this section, the request is justified only if knowing the chemical name of the ingredient would help protect the health of a person (the exposed person) who may be exposed to the substance through its use at premises where the exposed person works.
	(3)	The manufacturer or importer must give the responsible person a written response to the request in accordance with subsection (4) within 30 days after the day the request is received.
Maximum penalty:  15 penalty units.
Note	For the Act, s 26 or s 27, a manufacturer or importer of a dangerous substance must ensure that the safety information prescribed by regulation is supplied in accordance with the regulations.  Failure to comply may be an offence against the Act, pt 3.2.
	(4)	The response to the request must—
	(a)	disclose the chemical name of the ingredient; or
	(b)	if the manufacturer or importer is not satisfied that the request is justified—
	(i)	state that the request is refused, giving reasons, supported by evidence; and
	(ii)		give alternative information, without disclosing the chemical name of the ingredient, that the manufacturer or importer believes on reasonable grounds would help protect the health of the exposed person.
	(5)	If the manufacturer or importer tells the responsible person the chemical name of the ingredient, the responsible person must not disclose the name for any purpose except protecting the health of any exposed person.
Maximum penalty:  15 penalty units.
	(6)	An offence against this section is a strict liability offence.
	(7)	In this section:
responsible person means—
	(a)	a person in control of premises where the exposed person works; or
	(b)	a work safety representative of the employees at the premises where the exposed person works; or
	(c)	the chief executive.

Part 2.3	Registrable premises—safety management systems
    
220	Safety management systems—Act, s 19 (1) (e)
	(1)	A safety management system for handling a dangerous substance at registrable premises must be prepared, documented and implemented in accordance with this part.
	(2)	Subsection (1) applies in addition to the requirements of the Act, section 19 (1) (a) to (d) in relation to a safety management system for the substance.
Note	Under the Act, s 19 (1) (e), a safety management system for a dangerous substance must comply with requirements prescribed by regulation.  For the Act, s 31, a person in control of premises where there is a dangerous substance must ensure that there is a safety management system for the substance at the premises, and that the system is implemented for the premises. Failure to comply may be an offence against the Act, pt 3.2.
221	Hazard identification—Act, s 19 (2) (c)
	(1)	This section applies if a person in control of registrable premises is—
	(a)	preparing a safety management system for the premises; and
	(b)	for that purpose, identifying the hazards associated with a dangerous substance at the premises.
	(2)	In identifying the hazards associated with the substance, the person in control of the premises must consider the following:
	(a)	the information in the safety data sheet for the substance and any other information known to the person about the hazardous properties of the substance;
	(b)	any structures, plant, and systems that are not used to handle the substance, but that could interact with the substance at the premises;
	(c)	any manufacturing and transport processes involving the substance at the premises;
	(d)	the physical location and arrangement of areas, structures and safety and health systems at the premises;
	(e)	any incidents involving the substance—
	(i)	that have happened at the premises; or
	(ii)	that may reasonably be expected to be known to the person.
Examples for par (e) (ii)
1	an incident that happened at other premises while the person was in control of those premises
2	an incident described in an occupational health and safety alert bulletin sent to the premises, or to other premises, while the person was in control of the premises or other premises
Note	An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(3)	A person in control of registrable premises where there is a dangerous substance must take all reasonable steps to find out about the hazardous properties of the substance.
Maximum penalty:  15 penalty units.
	(4)	An offence against this section is a strict liability offence.
Note 1	The safety management system must, among other things, identify the hazards associated with the substance, having regard to the current state of knowledge about the hazards (see Act, s 19 (1) (a)).  The safety management system must also comply with this part (see s 220 (Safety management systems—Act, s 19 (1) (e)) and Act, s 19 (1) (e)).
Note 2	In addition to the considerations mentioned in this section, the Act, s 19 (2) sets out further matters that must be considered in identifying hazards associated with a dangerous substance as follows:
·	the chemical and physical properties of the substance (s 19 (2) (a))
·	any chemical or physical reactions that may happen if the substance comes into contact with other substances (s 19 (2) (b))
·	the premises, plant and systems for handling the substance (s 19 (2) (c))
222	Risk assessment—making
	(1)	If a hazard associated with a dangerous substance is identified at registrable premises, a person in control of the premises must ensure that—
	(a)	a written assessment is made of the risks associated with the hazard (a risk assessment) in accordance with subsection (2); and
	(b)	a dated copy of the risk assessment is kept at the premises.
Note	If a person stops being in control of registrable premises, the copy of the risk assessment must continue to be kept at the premises (see s 250 (Records—change of person in control)).
	(2)	The person in control of the premises must, in the risk assessment, state the methods considered, and those used, to control the risks associated with the hazard.
223	Risk assessment—availability
	(1)	This section applies if a risk assessment has been made for a hazard at registrable premises.
	(2)	A person in control of the premises must ensure that a copy of the risk assessment, as amended after any review under this part, is made available to anyone likely to be exposed to the hazard while working at the premises.
224	Risk assessment—regular review
	(1)	This section applies if—
	(a)	a risk assessment has been made for a hazard associated with a dangerous substance at registrable premises; and
	(b)	either—
	(i)	there is a significant change to a process, system or procedure in relation to the handling of the substance at the premises; or
	(ii)		there is evidence to indicate that the risk assessment no longer adequately assesses the risk associated with the hazard.
	(2)	A person in control of the premises must ensure that—
	(a)	the risk assessment for the hazard at the premises is reviewed; and
	(b)	a dated record of the review is kept at the premises; and
	(c)	if the review results in an amendment to the risk assessment—a copy of the risk assessment as amended, indicating the date of amendment, is kept at the premises.
Note	If a person stops being in control of registrable premises, the record of the review and (if applicable) the copy of the amended risk assessment must continue to be kept at the premises (see s 250 (Records—change of person in control)).
225	Risk assessment—5-year review
	(1)	This section applies if a risk assessment has been made for a hazard at registrable premises.
	(2)	A person in control of the premises must ensure that—
	(a)	the risk assessment for the premises is reviewed within—
	(i)	5 years after the day it was made; or
	(ii)	if it has been reviewed after it was made (including a review under this section)—5 years after the day the dated record was made of its last review; and
	(b)	a dated record of the review is kept at the premises; and
	(c)	if the review results in an amendment to the risk assessment—a copy of the risk assessment as amended, indicating the date of amendment, is kept at the premises.
Note	If a person stops being in control of registrable premises, the record of the review and (if applicable) the copy of the amended risk assessment must continue to be kept at the premises (see s 250 (Records—change of person in control)).
226	Consultation with employees
	(1)	A person in control of registrable premises must consult with the following people about the matters mentioned in subsection (2):
	(a)	the employees;
	(b)	any work safety representative of the employees.
	(2)	For subsection (1), the consultation must be about the following:
	(a)	induction, training, information provision, hazard identification, risk assessment and risk control in relation to the substance;
	(b)	any proposed changes to structures, plant, processes or systems of work that are likely to increase the risk to the employees consulted.
	(3)	In this section:
employee, in relation to registrable premises, means an individual employed under a contract of service to work at the premises.
227	Substitution and reduction
To eliminate the hazards associated with handling a dangerous substance at registrable premises, or to minimise the risks associated with the hazards, a person in control of the premises must consider both of the following:
	(a)	substituting an alternative substance (whether or not the substance is a dangerous substance) that has a lower risk associated with its handling;
	(b)	reducing the quantity of the substance that is handled at the premises.

Part 2.4	Registrable premises—risk control
Division 2.4.1	Registrable premises—isolation, stability and interaction
228	Isolation
	(1)	A person in control of registrable premises must ensure that the risk to people or property outside the premises from any dangerous occurrence resulting from the handling at the premises of a dangerous substance—
	(a)	is eliminated; or
	(b)	if it is not practicable to eliminate the risk—is reduced as far as practicable by the physical separation of the substance from the people or property by distance or physical barriers, or both.
Maximum penalty:  30 penalty units.
	(2)	An offence against this section is a strict liability offence.
229	Stability
	(1)	A person in control of registrable premises must ensure that a dangerous substance handled at the premises does not become unstable, decompose or change so as to—
	(a)	create a hazard that is different from the hazard originally created by the substance; or
	(b)	increase the risk associated with any hazard in relation to the substance.
Maximum penalty:  30 penalty units.
	(2)	A person in control of registrable premises must ensure that—
	(a)	if the stability of a dangerous substance handled at the premises is dependent on the maintenance of levels of stabilisers—the levels are maintained as stated by the manufacturer of the goods; and
	(b)	if a dangerous substance is required to be stored at the premises below a particular control temperature stated by the manufacturer—the substance is stored below that temperature.
Example for par (b)
Organic peroxides are dangerous substances.  Their manufacturer states in the SDS for the substances that they must be stored below their self-accelerating decomposition temperature.  A person in control of the premises must ensure that they are stored at a temperature below their self-accelerating decomposition temperature.
Maximum penalty:  30 penalty units.
Note	An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(3)	An offence against this section is a strict liability offence.
	(4)	This section does not apply to a dangerous substance if the substance is about to be used in a manufacturing process.
	(5)	In this section:
stabiliser, in relation to a dangerous substance, means a substance added to, or present in, the substance to overcome chemical instability inherent in the substance.
Examples of stabilisers
1	diluents
2	inhibitors
3	desensitisers
4	phlegmatisers
5	solvents
6	wetting agents
7	adulterants
230	Preventing interaction with other substances
	(1)	A person in control of registrable premises must ensure that a dangerous substance at the premises that is not compatible with another substance at the premises (including another dangerous substance) is stored separately from the other substance.
Maximum penalty:  30 penalty units.
	(2)	An offence against this section is a strict liability offence.
Note	Section 282 (Non-registrable premises—preventing interaction with other substances) imposes the same requirement for non-registrable premises.
231	Preventing contamination of food or personal products
	(1)	A person in control of registrable premises must ensure that a dangerous substance is not handled at the premises so as to contaminate food, food packaging or personal use products.
Maximum penalty:  30 penalty units.
	(2)	An offence against this section is a strict liability offence.
Note	Section 282 (Non-registrable premises—preventing interaction with other substances) imposes the same requirement for non-registrable premises.
Division 2.4.2	Registrable premises—plant and structures
232	Tanks for bulk dangerous substances
	(1)	A person in control of registrable premises where a dangerous substance is stored in a tank must ensure that—
	(a)	the tank and any associated pipework have stable foundations and supports; and
	(b)	any pipework or equipment connected to the tank is installed so as to prevent excessive stress on the tank, pipework or equipment; and
	(c)	the tank and its associated pipework are protected from corrosion; and
	(d)	the tank and its associated pipework are inspected at intervals that are sufficient to ensure their integrity and serviceability.
Maximum penalty:  30 penalty units.
	(2)	A person in control of the premises must ensure that—
	(a)	an inspection mentioned in subsection (1) (d) is recorded; and
	(b)	a record of all inspections of the tank and its associated pipework is kept at the premises while the tank remains in service on the premises.
Maximum penalty:  30 penalty units.
Note	If a person stops being in control of registrable premises, the record must continue to be kept at the premises (see s 250 (Records—change of person in control)).
	(3)	An offence against this section is a strict liability offence.
233	Decommissioning
	(1)	This section applies if a container used to store a dangerous substance at registrable premises—
	(a)	is to be disposed of; or
	(b)	is no longer to be used in association with the substance.
	(2)	A person in control of the premises must ensure that—
	(a)	the container is thoroughly cleaned so that the container is in the condition it would be in if it had never contained the substance; and
	(b)	if the dangerous substance is a gas or volatile liquid—the concentration (calculated as the time-weighted average over 8 hours) of the gas or vapour in the atmosphere of the container is less than the concentration listed in the National Exposure Standards for the substance; and
	(c)	if the dangerous substance is of class 2.1 or 3 or subsidiary risk 3 (including a gas or a volatile liquid)—the concentration of the substance (including the vapours of the substance) in the atmosphere in the container is less than 5% of the lower explosive limit for the substance when sampled at ambient temperature.
Maximum penalty:  30 penalty units.
	(3)	An offence against subsection (2) is a strict liability offence.
Note	Section 284 (Non-registrable premises—decommissioning) imposes a similar requirement for non-registrable premises.
234	Protection from impact
	(1)	A person in control of registrable premises must ensure that any plant at the premises associated with the handling of a dangerous substance is, as far as practicable, protected against damage from impact with vehicles, or any other plant, at the premises.
Maximum penalty:  30 penalty units.
	(2)	An offence against this section is a strict liability offence.
Note	Plant is defined in the Act, dict to include (among other things) a container or vehicle used for handling dangerous substances.
235	Personal protective or safety equipment
	(1)	This section applies if there are reasonable grounds for a person in control of registrable premises to require personal protective or safety equipment to be used by a person (the exposed person) to eliminate or minimise the risk from a dangerous substance while the exposed person is (or may be) exposed to the substance at the premises.
	(2)	The person in control of the premises must ensure that the exposed person is required to use the equipment while the person is (or may be) exposed to the dangerous substance at the premises.
Maximum penalty:  30 penalty units.
	(3)	The person in control of the premises must ensure that the equipment available for use by the exposed person while the exposed person is (or may be) exposed to the substance is—
	(a)	suitable for that use; and
	(b)	undamaged and effective; and
	(c)	maintained in a suitable condition for that use.
Maximum penalty:  30 penalty units.
	(4)	A person must not engage in conduct that damages or makes ineffective any personal protective or safety equipment provided at the premises.
Maximum penalty:  30 penalty units.
	(5)	An offence against subsection (2) or (3) is a strict liability offence.
Note	Section 285 (Non-registrable premises—personal protective or safety equipment) imposes the same requirement for non-registrable premises.
Division 2.4.3	Registrable premises—lighting, access and security
236	Lighting
	(1)	A person in control of registrable premises must ensure that sufficient and suitable lighting is provided to enable safe access within, to and from each part of the premises where a dangerous substance is handled.
Maximum penalty:  20 penalty units.
	(2)	An offence against this section is a strict liability offence.
Note	Section 286 (Non-registrable premises—lighting) imposes the same requirement for non-registrable premises.
237	Access
	(1)	A person in control of registrable premises must ensure that safe means of access within, to and from each part of the premises where a dangerous substance is handled is provided and maintained.
Maximum penalty:  20 penalty units.
	(2)	An offence against this section is a strict liability offence.
Note	Section 287 (Non-registrable premises—access) imposes the same requirement for non-registrable premises.
238	Security
	(1)	This section applies if a person (the unauthorised person) is not authorised by a person in control of registrable premises to have access to a dangerous substance handled at the premises.
	(2)	A person in control of the premises must ensure that the unauthorised person does not have access to the substance.
Maximum penalty:  30 penalty units.
	(3)	An offence against this section is a strict liability offence.
Note	Section 288 (Non-registrable premises—security) imposes the same requirement for non-registrable premises.
Division 2.4.4	Registrable premises—spills
239	Spill containment
	(1)	A person in control of registrable premises must ensure that, in each area of the premises where a dangerous substance is handled, provision is made for a spill containment system that—
	(a)	eliminates the risk from any spill or leak of the substance or, if it is not practicable to eliminate the risk, minimises the risk; and
	(b)	would contain within the premises any part of the substance that spills or leaks, and any effluent arising from a spill or leak.
Maximum penalty:  30 penalty units.
	(2)	A person in control of registrable premises must ensure that the spill containment system for a tank containing a dangerous substance would not create a hazard by bringing together different kinds of dangerous substances that are not compatible.
Maximum penalty:  30 penalty units.
	(3)	If there is a spill or leak of a dangerous substance at registrable premises, a person in control of the premises must ensure that—
	(a)	immediate action is taken to eliminate any risk associated with the spill or leak or, if it is not practicable to eliminate the risk, minimise the risk; and
	(b)	the substance and any resulting effluent are, as soon as practicable—
	(i)	cleaned up and disposed of; or
	(ii)	otherwise made safe.
Maximum penalty:  30 penalty units.
	(4)	An offence against this section is a strict liability offence.
Note	Section 289 (Non-registrable premises—spill containment) imposes a similar requirement for non-registrable premises.
240	Transfer of dangerous substances
	(1)	This section applies to the transfer of a dangerous substance—
	(a)	from area to area within registrable premises; or
	(b)	from or into a container at registrable premises.
	(2)	A person in control of the premises must ensure that subsection (3) is complied with to the extent necessary—
	(a)	to eliminate any risk associated with the transfer; or
	(b)	if it is not practicable to eliminate the risk—to minimise the risk.
Maximum penalty:  30 penalty units.
	(3)	For subsection (2)—
	(a)	any spills, leaks and overflows because of the transfer must be avoided; and
	(b)	any static electricity because of the transfer must be minimised; and
	(c)	any vapour generation because of the transfer must be minimised; and
	(d)	any ignition source to which the substance may be exposed because of the transfer must be eliminated or controlled; and
	(e)	any pipework used in the transfer must be appropriate for the substance and adequate for the transfer.
	(4)	An offence against this section is a strict liability offence.
Note	Section 290 (Non-registrable premises—transfer of dangerous substances) imposes the same requirement for non-registrable premises.
241	Equipment for clean-ups
	(1)	A person in control of registrable premises must ensure that equipment and materials appropriate for use for the containment and clean-up of spills or leaks at the premises of any dangerous substance are, while the substance is handled at the premises—
	(a)	kept at the premises; and
	(b)	maintained in good condition; and
	(c)	accessible to people at the premises.
Maximum penalty:  30 penalty units.
Examples of equipment and materials
The following equipment and materials may be appropriate in particular circumstances:
1	neutralisers
2	decontaminants
3	pressure relief valves.
Note	An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(2)	An offence against this section is a strict liability offence.
Note	Section 290 (Non-registrable premises—transfer of dangerous substances) imposes the same requirement for non-registrable premises.
Division 2.4.5	Registrable premises—atmospheric risks
242	Ignition sources
	(1)	A person in control of registrable premises must ensure that—
	(a)	ignition sources in a hazardous area at the premises are eliminated; or
	(b)	if it is not reasonably practicable to eliminate the sources— the risk from the sources is minimised.
Maximum penalty:  25 penalty units.
	(2)	An offence against this section is a strict liability offence.
	(3)	In this section:
hazardous area means an area—
	(a)	classified as hazardous under either of the following standards:
	(i)	AS/NZS 2430.3 (Classification of hazardous areas);
	(ii)	AS/NZS 60079.10 (Electrical apparatus for explosive gas atmospheres—classification of hazardous areas); or
	(b)	classified under AS/NZS 61241.3 (Electrical apparatus for use in the presence of combustible dust—classification of areas where combustible dusts are or may be present) as an area where combustible dusts are or may be present.
Note	Section 292 (Non-registrable premises—ignition sources) imposes the same requirement for non-registrable premises.
243	Ventilation and atmospheric emissions
	(1)	A person in control of registrable premises must ensure that any risk associated with atmospheric conditions that are flammable, explosive or asphyxiant—
	(a)	is eliminated; or
	(b)	if it is not practicable to eliminate the risk—is minimised.
Maximum penalty:  30 penalty units.
	(2)	An offence against this section is a strict liability offence.
Note	Section 293 (Non-registrable premises—ventilation and atmospheric emissions) imposes the same requirement for non-registrable premises.
Division 2.4.6	Risk control—fire protection
244	Fire protection
	(1)	A person in control of registrable premises must ensure that—
	(a)	each area of the premises where a dangerous substance is handled is provided with a fire protection system that—
	(i)	is designed and constructed for the substance in the quantities in which it is handled at the premises, and the conditions under which it is handled; and
	(ii)	uses firefighting methods adapted for the substance and effective in the control of incidents involving the substance in the quantities in which it is handled at the premises; and
	(b)	the fire protection system is—
	(i)	properly installed, tested and maintained; and
	(ii)	accessible at all times to people at the premises and to the emergency services; and
	(c)	a dated written record is kept of the testing results and maintenance; and
	(d)	fire hydrants and fire hose coupling points at the premises that may be used by the fire brigade or rural fire service are suitable for use by the brigade or service.
Maximum penalty:  30 penalty units.
Note	If a person stops being in control of registrable premises, the testing and maintenance record must continue to be kept at the premises (see s 250 (Records—change of person in control)).
	(2)	If a part of a fire protection system provided at premises for subsection (1) becomes unserviceable or inoperative, a person in control of the premises must ensure that—
	(a)	the implications of the part being unserviceable or inoperative are assessed; and
	(b)	for risks that were eliminated or minimised by the system when functioning fully, alternative measures are taken in compliance with subsection (3)—
	(i)	to eliminate the risks; or
	(ii)	if it is not practicable to eliminate the risks—to minimise the risks.
Maximum penalty:  30 penalty units.
	(3)	For subsection (2), the person in control of the premises must, to the extent necessary to eliminate or minimise the risks mentioned in subsection (2) (b)—
	(a)	provide alternative fire protection measures; and
	(b)	reduce the quantity of the dangerous substance handled at the premises; and
	(c)	stop or limit the processes used for handling the dangerous substance; and
	(d)	change systems of work used to handle the dangerous substance.
	(4)	If a part of a fire protection system provided at premises for subsection (1) becomes unserviceable or inoperative, a person in control of the premises must ensure that the system is returned to full operation as soon as practicable.
Maximum penalty:  30 penalty units.
	(5)	An offence against this section is a strict liability offence.

Part 2.5	Registrable premises—information
Division 2.5.1	Registrable premises—communication
245	Information for substance handlers
	(1)	This section applies to—
	(a)	a person in control of registrable premises (the person in control) in relation to the handling of a dangerous substance at the premises; and
	(b)	someone else (the handler) who carries out, or is to carry out, tasks involving the handling of the substance (handling tasks) at the premises.
	(2)	The person in control must ensure that the handler is given induction, information, training and supervision that is—
	(a)	in a language and way appropriate to the handler; and
	(b)	relevant to the handling tasks and the associated risks.
Maximum penalty:  30 penalty units.
	(3)	The person in control must ensure that the induction, information and training given under subsection (2) includes instruction about—
	(a)	the nature of the hazards and properties of the dangerous substance, and the processes used for identifying, assessing and eliminating or reducing the risks associated with the hazards that are relevant to the handling tasks; and
	(b)	the purpose, use and maintenance of measures for eliminating or reducing the risks; and
	(c)	the systems of work and the conduct of people at the premises to the extent that the systems or conduct may affect the safe handling of dangerous goods; and
	(d)	the operation of any emergency plans for the premises and any procedures and equipment that may be needed for use if there is a dangerous occurrence at the premises; and
	(e)	the proper use and fitting of personal protective or safety equipment.
Maximum penalty:  30 penalty units.
Note 1	Emergency plans are required for manifest quantity registrable premises (see div 2.8.2).
Note 2	Under s 276 (Emergency plan—instruction for employee representatives and neighbouring occupiers), work safety representatives of employees at the premises must also be given information about emergency plans.
Note 3	Under s 277 (Emergency plan—review as necessary) and s 278 (Emergency plan—5-year review), substance handlers, work safety representatives of employees at the premises, neighbouring occupiers and the emergency services must be consulted about the review of emergency plans.
	(4)	The person in control must ensure that a record of induction, information, training and supervision given under this section is made and kept for at least 5 years after the day the record is made.
Maximum penalty:  30 penalty units.
Note	If a person stops being in control of registrable premises, the record must continue to be kept at the premises (see s 250 (Records—change of person in control)).
	(5)	If, within 5 years after a record is made under subsection (4), dangerous substances stop being handled at the premises, a person in control of the premises immediately before the substances stopped being handled at the premises must keep the record until the end of the 5-year period.
Maximum penalty:  30 penalty units.
	(6)	If, after dangerous substances stop being handled at premises, a person holds a record under subsection (5) in relation to the premises, the person must, if an inspector asks within the 5-year period mentioned in subsection (5), give the inspector a copy of the record.
Maximum penalty:  30 penalty units.
	(7)	An offence against this section is a strict liability offence.
Note	Section 294 (Non-registrable premises—information for substance handlers) imposes similar requirements for non-registrable premises.
246	Information for plant users
	(1)	A person in control of registrable premises must ensure that a person responsible for plant at the premises that is used to handle a dangerous substance is given the information on procedures for the safe operation of the plant necessary to ensure that—
	(a)	any risk to the responsible person or anyone else at the premises is eliminated; or
	(b)	if it is not practicable to eliminate the risk—the risk is minimised.
Maximum penalty:  30 penalty units.
	(2)	An offence against this section is a strict liability offence.
	(3)	In this section:
responsible—a person is responsible for plant at registrable premises if the person does any of the following:
	(a)	operates the plant;
	(b)	accesses the plant;
	(c)	maintains the plant
	(d)	repairs the plant;
	(e)	inspects the plant;
	(f)	tests the plant. 
Note	Section 295 (Non-registrable premises—information for plant users) imposes the same requirement for non-registrable premises.
247	Information for visitors
	(1)	A person in control of registrable premises must ensure that a visitor to the premises is given any information, safety instructions and supervision necessary to ensure that—
	(a)	any risk to the visitor or anyone else at the premises is eliminated; or
	(b)	if it is not practicable to eliminate the risk—the risk is minimised.
Maximum penalty:  30 penalty units.
	(2)	An offence against this section is a strict liability offence.
Note	Section 296 (Non-registrable premises—information for visitors) imposes the same requirement for non-registrable premises.
Division 2.5.2	Registrable premises—keeping accurate information
248	Keeping safety data sheets
	(1)	A person in control of registrable premises must, for a dangerous substance handled, or proposed to be handled, at the premises—
	(a)	obtain a current safety data sheet for the substance on or before the first occasion the substance is supplied to the premises; and
	(b)	ensure that a current safety data sheet for the substance is readily accessible to anyone handling the substance at the premises, and to the emergency services; and
	(c)	not amend a safety data sheet for the substance otherwise than—
	(i)	under section 215 (SDS preparation and review—Act, s 26 (1) (e) and s 27 (1) (e)); or
	(ii)	for a safety data sheet  prepared overseas—as necessary to enable it to be easily understood by people at the premises.
Maximum penalty:  30 penalty units.
	(2)	Subsection (1) (a) and (b) do not apply to a dangerous substance that is—
	(a)	in transit; or
	(b)	handled (or to be handled) at a retail outlet or warehouse in packaged form, is correctly packed and labelled, and is sold (or to be sold) unopened.
Note 1	A dangerous substance is packaged if it is in a container of a defined limited capacity (see s 203 (Definitions—ch 2)).
Note 2	See s 212 (Correct packing—Act, s 14) and s 213 (Correct labelling—Act, s 14).
	(3)	If, because of subsection (2), a person in control of registrable premises is not required to have, and does not have, a safety data sheet for a dangerous substance, the person must ensure that alternative information for the safe handling of the substance is readily accessible to people at the premises.
Maximum penalty:  30 penalty units.
	(4)	If a person in control of registrable premises makes accessible a safety data sheet for a dangerous substance, and the person also makes accessible other information about the safe handling of the substance, the person in control of the premises must ensure that the other information is—
	(a)	consistent with the information contained in the safety data sheet; and
	(b)	clearly identified as information provided by the person in control of the premises.
Maximum penalty:  30 penalty units.
	(5)	An offence against this section is a strict liability offence.
Note	Section 297 (Non-registrable premises—safety data sheets) imposes similar requirements for non-registrable premises.
249	Register of dangerous substances
	(1)	A person in control of registrable premises must ensure that—
	(a)	a register is kept for dangerous substances handled at the premises; and
	(b)	the register contains a list of each dangerous substance handled at the premises, together with a safety data sheet for the substance (if required under section 248 (Keeping safety data sheets)); and
	(c)	the register is readily accessible to people at the premises.
Maximum penalty:  30 penalty units.
	(2)	Subsection (1) does not apply to a dangerous substance—
	(a)	received in a package not large enough to require marking under the Australian Dangerous Goods Code; or
	(b)	in transit.
	(3)	An offence against this section is a strict liability offence.
Note	Section 298 (Non-registrable premises—register of dangerous substances) imposes the same requirement for non-registrable premises.
250	Records—change of person in control
	(1)	This section applies if a person (the departing controller) stops being a person in control of registrable premises while dangerous substances remain at the premises.
	(2)	The following documents must remain at the premises, and continue to be kept at the premises, while dangerous substances are present, or are likely to be present, at the premises—
	(a)	the register under section 249 (Register of dangerous substances);
	(b)	any documents required to be kept at the premises under the following provisions:
·	section 222 (1) (b) (Risk assessment—making)
·	section 224 (2) (b) or (c) (Risk assessment—regular review)
·	section 225 (2) (b) or (c) (Risk assessment—5-year review)
·	section 232 (2) (b) (Tanks for bulk dangerous substances)
·	section 244 (Fire protection) (1) (b) (i)
·	section 245 (4) (Information for substance holders)
·	section 268 (Records of actual and likely dangerous occurrences—Act, s 216 (1) (m))
·	section 275 (Emergency plan—making)
·	section 277 (Emergency plan—review as necessary)
·	section 278 (Emergency plan—5-year review)
·	section 267 (2) (Registration—amendment or cancellation).
	(3)	The departing controller must ensure that any documents to which subsection (2) applies remain at the premises when the departing controller stops being a person in control of the premises.
Maximum penalty:  20 penalty units.
	(4)	A person in control of the premises at any time after the departing controller stops being a person in control of the premises must ensure that subsection (2) is complied with.
Maximum penalty:  20 penalty units.
	(5)	An offence against this section is a strict liability offence.
Note	Section 299 (Non-registrable premises records—change of person in control) imposes a similar requirement for non-registrable premises.
Division 2.5.3	Registrable premises—labels
251	Incorrectly labelled packages
A person in control of registrable premises commits an offence if—
	(a)	the person receives, and accepts, a package at the premises; and
	(b)	the person knows, or ought reasonably to know—
	(i)	that the package contains a dangerous substance; and
	(ii)	that the package is not correctly labelled; and
	(c)	the person fails to ensure that—
	(i)	the labelling on the package is corrected; or
	(ii)	the package is relabelled correctly.
Maximum penalty:  30 penalty units.
Note 1	See s 213 (Correct labelling—Act, s 14).
Note 2	Section 299A (Non-registrable premises—incorrectly labelled packages) imposes the same requirement for non-registrable premises.
252	Labelling and removing labelling from packages
	(1)	A person in control of registrable premises must ensure that, while a package of a dangerous substance is at the premises—
	(a)	the package is correctly labelled; and
	(b)	the label is not removed, and remains legible.
Maximum penalty:  20 penalty units.
Note	See s 213 (Correct labelling—Act, s 14).
	(2)	A person in control of registrable premises must ensure that packaging labelled to indicate that it contains a dangerous substance of a particular kind is not used to contain—
	(a)	a dangerous substance of a different kind; or
	(b)	any other substance.
Maximum penalty:  20 penalty units.
	(3)	An offence against this section is a strict liability offence.
253	Labelling portable containers
	(1)	If a dangerous substance is transferred into a portable container for use at registrable premises, the person in control of the premises must ensure that—
	(a)	the portable container is clearly labelled with the class label, subsidiary risk label and product name of the substance; or
	(b)	if it is not possible to label the portable container under paragraph (a)—the substance is otherwise clearly identified.
Maximum penalty:  25 penalty units.
	(2)	Subsection (1) does not apply if—
	(a)	the dangerous substance is used immediately; and
	(b)	the container is thoroughly cleaned so that the container is in the condition it would be in if it had never contained the substance.
	(3)	An offence against this section is a strict liability offence.
Division 2.5.4	Registrable premises—placards
Note	Under the Act, s 14 (2) (a), a dangerous substance is correctly placarded if it is placarded in accordance with the regulations.  For the Act, s 26, s 27 or s 28, a manufacturer, importer or supplier of the substance must ensure that it is correctly placarded.  Failure to comply may be an offence against the Act, pt 3.2.
254	Placards—requirement to display
	(1)	A person in control of registrable premises must ensure that warning placards of the following types are displayed at the premises:
	(a)	a HAZCHEM outer warning placard;
	(b)	if a dangerous substance at the premises is stored in a tank, or is stored in packaged form—an information placard.
Note	A dangerous substance is packaged if it is in a container of a defined limited capacity (see s 203 (Definitions—ch 2)).
Maximum penalty:  30 penalty units.
	(2)	Subsection (1) does not apply to LPG if it is—
	(a)	packaged; and
	(b)	outside a building; and
	(c)	connected by piping to appliances that use gas within the building.
Note	LPG is a dangerous substance.
	(3)	Subsection (1) (b) does not apply to a dangerous substance stored in a tank if—
	(a)	the substance is intended to be carried, and is placarded, in accordance with the requirements of the Australian Dangerous Goods Code for dangerous goods of the same kind; or
	(b)	the substance is a combustible liquid in a quantity no more than 10 000L and is stored separately and isolated from other dangerous substances; or
	(c)	the substance is—
	(i)	of class 2.1 or 3, or is a combustible liquid; and
	(ii)	stored in an underground tank at retail premises; and
	(iii)	to be used for refuelling vehicles.
	(4)	Subsection (1) (b) applies in relation to each area of the premises where a dangerous substance is stored in packaged form in at least the placard quantity.
	(5)	A person in control of premises must ensure that a warning placard displayed under this section—
	(a)	is made of durable and weather-resistant material; and
	(b)	is maintained in good repair; and
	(c)	is legible; and
	(d)	is not covered or obscured.
Maximum penalty:  30 penalty units.
	(6)	An offence against this section is a strict liability offence.
	(7)	In this section:
LPG—see the Gas Safety Act 2000, dictionary, definition of gas, paragraph (b).
255	Placards—location of HAZCHEM outer warnings
	(1)	A person in control of registrable premises must ensure that a HAZCHEM outer warning placard is displayed at each entrance to the premises so that it is clearly visible.
Maximum penalty:  30 penalty units.
	(2)	An offence against this section is a strict liability offence.
256	Placards—location of information placards
	(1)	This section applies if an information placard for a dangerous substance is required to be displayed at registrable premises under section 254 (Placards—requirement to display).
	(2)	If a dangerous substance is stored indoors at registrable premises, a person in control of the premises must ensure that an information placard for the substance is displayed so that it is clearly visible—
	(a)	at the main entrance to each building where the substance is stored; and
	(b)	either—
	(i)	at each entrance to each room, enclosure or other area where the substance is stored; or
	(ii)	next to the substance.
Maximum penalty:  30 penalty units.
	(3)	If a dangerous substance is stored outdoors at registrable premises, a person in control of the premises must ensure that an information placard for the substance is displayed so that it is clearly visible—
	(a)	if the substance is in a tank—next to the substance or on the external surface of the tank; or
	(b)	next to the substance.
Maximum penalty:  30 penalty units.
	(4)	An offence against this section is a strict liability offence.
257	Placards—form of HAZCHEM outer warning placard
	(1)	A person in control of registrable premises must ensure that each HAZCHEM outer warning placard displayed at the premises complies with schedule 2.
Maximum penalty:  25 penalty units.
	(2)	An offence against this section is a strict liability offence.
258	Placards—form of information placards for tanks
	(1)	A person in control of registrable premises must ensure that an information placard for a dangerous substance stored in a tank at the premises complies with schedule 2.
Maximum penalty:  25 penalty units.
	(2)	An offence against this section is a strict liability offence.
259	Placards—form of information placards for packages
	(1)	A person in control of registrable premises must ensure that an information placard for a dangerous substance stored at the premises in packaged form complies with schedule 2.
Note	A dangerous substance is packaged if it is in a container of a defined limited capacity (see s 203 (Definitions—ch 2)).
Maximum penalty:  25 penalty units.
	(2)	An offence against this section is a strict liability offence.

Part 2.6	Registrable premises—registration
    
260	Placard quantity register
The chief executive must maintain a register of premises (the placard quantity register) where there is, or is likely to be, a dangerous substance in at least the placard quantity.
261	Registration—placard quantity notices
	(1)	This section applies in relation to premises if a person in control of the premises knows, or ought reasonably to know, that there is, or is likely to be, a dangerous substance at the premises in at least the placard quantity.
Example
The Acme Chemical Plant has a tank on its premises.  The tank is routinely filled with a dangerous substance.  When full, the tank contains more than the placard quantity of the substance.  The routine operation of the plant is for the tank to be filled, then gradually emptied as the substance is carried away from the premises (for use elsewhere), then filled again.  As a result of this routine, from time to time the tank contains less than the placard quantity of the substance.  There are no other dangerous substances on the premises.
For this section, there is likely to be a dangerous substance on the premises of Acme Chemical Plant in at least the placard quantity.
Note	An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(2)	The person in control of the premises may give the chief executive written notice in accordance with subsection (3) (a placard quantity notice) that there is, or is likely to be, a dangerous substance at the premises in at least the placard quantity.
	(3)	If the premises are not registered in the placard quantity register, the person in control of the premises must give the chief executive a placard quantity notice about the substance.
Maximum penalty:
	(a)	if at least the manifest quantity of the substance is, or is likely to be, present at the premises—30 penalty units; or
	(b)	if less than the manifest quantity of the substance is, or is likely to be, present at the premises—20 penalty units.
	(4)	A placard quantity notice must include the following details:
	(a)	the class or kind, and the expected average and maximum quantities, of all the dangerous substances that are, or are likely to be, at the premises;
	(b)	any information or documents required by a form for the notice approved under the Act, section 222.
Note	A person in control of premises that are required to be registered under the regulations may also commit an offence against the Act, s 84 if the person fails to ensure that the premises are registered.
262	Registration—further information notices
	(1)	This section applies if a placard quantity notice about a dangerous substance at premises is given to the chief executive.
	(2)	After receiving the placard quantity notice, the chief executive may, by written notice (a further information notice), require a person in control of the premises to give the chief executive, within a period stated in the notice, further stated information about the presence or likely presence of dangerous substances at the premises.
	(3)	The period stated in a further information notice must be at least 14 days after the day the notice is given. 
	(4)	A person to whom a further information notice is given must comply with the notice.
Maximum penalty:
	(a)	if there is, or is likely to be, any dangerous substance at the premises in at least the manifest quantity—30 penalty units; or
	(b)	in any other case—20 penalty units.  
	(5)	An offence against this section is a strict liability offence.
263	Registration—obligation to register
After receiving a placard quantity notice for premises that are not registered in the placard quantity register, and any further information under section 262 (Registration—further information notices), the chief executive must—
	(a)	register the premises in the placard quantity register by giving the premises a unique registration number; and
	(b)	enter in the placard quantity register the information in the placard quantity notice and the further information notice (if any); and
	(c)	give a person in control of the premises written notice of registration in the placard quantity register stating the date of registration, the registration number and the information entered in the register.
264	Registration—duration and renewal
	(1)	The registration of premises in the placard quantity register remains in force for 2 years (the 2-year period) starting on the day of registration, or the last day when registration was renewed, unless it is cancelled earlier under section 267 (Registration—amendment or cancellation).
	(2)	Before the end of the 2-year period, a person in control of the premises may apply for the renewal of registration by giving the chief executive a placard quantity notice in accordance with section 261 (Registration—placard quantity notices).
Note	A placard quantity notice must contain the information mentioned in s 261 (4) (Registration—placard quantity notices).  The chief executive may also require a person in control of the premises to give further information under s 262 (Registration—further information notices).
	(3)	After receiving an application under subsection (2), and any further information under section 262 (Registration—further information notices), the chief executive must—
	(a)	renew the registration of the premises in the placard quantity register; and
	(b)	give the person in control of the premises written notice of renewal stating the date of renewal.
265	Registration—significant change of risk
	(1)	This section applies if a person in control of premises registered in the placard quantity register knows, or ought reasonably to know, that there is, or is likely to be, a significant change in the risk associated with the handling of dangerous substances at the premises.
Examples of significant change in risk
1	A significant quantity of a highly volatile dangerous substance that has not previously been stored at registered premises is proposed to be stored at the premises.
2	A significant quantity of a highly volatile dangerous substance that has been stored at registered premises is no longer stored at the premises.
3	Dangerous substances are no longer stored at the premises.
4	There are no dangerous substances stored at the premises in at least the placard quantity.
5	The quantity of a dangerous substance that has been stored at the premises in the placard quantity is proposed to be increased to manifest quantity or higher.
Note	An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(2)	The person in control of the premises must give the chief executive a written notice including details of the change, or likely change, in the risk (a risk change notice) within 14 days after the day the person becomes aware of the risk, or ought reasonably to have become aware of the risk.
Maximum penalty:
	(a)	if, after the change in risk, there is, or is likely to be, any dangerous substance at the premises in at least the manifest quantity—30 penalty units; or
	(b)	if, after the change in risk, there is, or is likely to be, no dangerous substance at the premises in at least the manifest quantity, but there is, or is likely to be, any dangerous substance at the premises in at least the placard quantity—20 penalty units; or
	(c)	in any other case—10 penalty units.  
266	Registration—further information about risk change
	(1)	This section applies if a risk change notice about dangerous substances at premises registered in the placard quantity register is given to the chief executive under section 265 (Registration—significant change of risk).
	(2)	After receiving the risk change notice, the chief executive may, by written notice (a further information notice) to a person in control of the premises, require the person to give the chief executive further stated information about the change in risk stated in the notice, within a period stated in the notice.
	(3)	The period stated in a further information notice must be at least 14 days after the day the notice is given. 
	(4)	A person to whom a further information notice is given must comply with the notice.
Maximum penalty:
	(a)	if, after the change in risk, there is, or is likely to be, any dangerous substance at the premises in at least the manifest quantity—30 penalty units; or
	(b)	if, after the change in risk, there is, or is likely to be, no dangerous substance at the premises in at least the manifest quantity, but there is, or is likely to be, any dangerous substance at the premises in at least the placard quantity—20 penalty units; or
	(c)	in any other case—10 penalty units.  
	(5)	An offence against this section is a strict liability offence.
267	Registration—amendment or cancellation
After receiving a risk change notice under section 265 (Registration—significant change of risk) for particular premises, and any further information under section 266 (Registration—further information about risk change), the chief executive must—
	(a)	either—
	(i)	amend the placard quantity register to reflect the information in the notice and the further information (if any); or
	(ii)	if the chief executive is satisfied that that there are, or are likely to be, no dangerous substances at the premises in at least the placard quantity—cancel the registration of the premises; and
	(b)	give a person in control of the premises written notice of the amendment or cancellation stating the date of the amendment or cancellation and, for an amendment, the details of the amendment.

Part 2.7	Registrable premises—dangerous occurrence reporting
268	Records of actual and likely dangerous occurrences—Act, s 216 (1) (m)
	(1)	This section applies if, under the Act, section 39 (Person in control of premises—safety duty to report actual or likely dangerous occurrences) a person in control of registrable premises tells the chief executive about an actual or likely dangerous occurrence at the premises.
	(2)	The person in control of the premises must ensure that—
	(a)	a written record (a dangerous occurrence record) is made of what the person tells to the chief executive under the Act, section 39; and
	(b)	a dated copy of the record is kept at the premises.
Maximum penalty:  15 penalty units.
Note	If a person stops being in control of registrable premises, the copy of the record must continue to be kept at the premises (see s 250 (Records—change of person in control)).
	(3)	If, within 10 years after the day the person in control of the premises tells the chief executive about the actual or likely dangerous occurrence (the 10-year period), dangerous substances stop being handled at the premises, a person in control of the premises immediately before the substances stopped being handled at the premises must keep any records made for this section in relation to the premises until the end of the 10-year period.
Maximum penalty:  15 penalty units.
	(4)	If, after dangerous substances stop being handled at premises, a person has a record under subsection (3) in relation to the premises, the person must, if an inspector asks within the 10-year period, give the inspector a copy of the record.
Maximum penalty:  15 penalty units.
	(5)	An offence against this section is a strict liability offence.
269	Form of records of actual and likely dangerous occurrences
	(1)	This section applies if a person in control of registrable premises is required to make a record under section 268 (2) (Records of actual and likely dangerous occurrences—Act, s 216 (1) (m)) in relation to an actual or likely dangerous occurrence (the incident) at the premises.
	(2)	The person in control of the premises must include the following information in the record:
	(a)	the date, time and location of the incident;
	(b)	the type, quantity and containment or handling method for the dangerous substances involved in the incident;
	(c)	a description of events before, during and after the incident;
	(d)	details of any injury, death, hospitalisation or evacuation;
	(e)	details of damage to equipment, property or the environment;
	(f)	an assessment of the cause of the incident;
	(g)	specific actions that the person intends to take to prevent a recurrence of the incident or similar incidents.
Maximum penalty:  15 penalty units.
	(3)	An offence against this section is a strict liability offence.

Part 2.8	Manifest quantity registrable premises
Division 2.8.1	Manifest quantity registrable premises—manifests
270	Manifests—requirement to keep
	(1)	A person in control of manifest quantity registrable premises must ensure that a manifest that complies with schedule 3 (Manifests) is kept at the premises.
Maximum penalty:  30 penalty units.
	(2)	An offence against this section is a strict liability offence.
271	Manifests—must be kept up to date
	(1)	A person in control of manifest quantity registrable premises must ensure that the manifest for the premises is revised as soon as practicable, but no later than 7 days, after the day the person becomes aware of a change to the information required for schedule 3 (Manifests).
Maximum penalty:  30 penalty units.
	(2)	An offence against this section is a strict liability offence.
272	Manifests—how kept
	(1)	A person in control of manifest quantity registrable premises must ensure that the manifest for the premises is kept—
	(a)	in a red weatherproof container inside, and as close as practicable to, the main entry to the premises; and
	(b)	at a place where it is readily accessible to the emergency services.
Maximum penalty:  30 penalty units.
	(2)	An offence against this section is a strict liability offence.
Division 2.8.2	Manifest quantity registrable premises—emergency plans
273	Meaning of emergency plan—div 2.8.2
In this division:
emergency plan, for handling dangerous substances at manifest quantity registrable premises, means a written record of a plan to manage dangerous occurrences that may arise from the handling of the substances.
274	Emergency plan—safety management systems for Act,
s 19 (1) (e)
	(1)	A safety management system for handling a dangerous substance at manifest quantity registrable premises must include an emergency plan prepared and documented in accordance with this division.
	(2)	Subsection (1) is in addition to the requirements of the Act, section 19 (1) (a) to (d) in relation to a safety management system for the substance.
Note	Under the Act, s 19 (1) (e), a safety management system for a dangerous substance must comply with requirements prescribed by regulation.  For the Act, s 31, a person in control of premises where a dangerous substance is handled must ensure that there is a safety management system for the substance at the premises, and that the system is implemented for the premises. Failure to comply may be an offence against the Act, pt 3.2.
275	Emergency plan—making
	(1)	A person in control of manifest quantity registrable premises must ensure that an emergency plan is made for the premises.
Maximum penalty:  30 penalty units.
	(2)	A person in control of manifest quantity registrable premises (the controlled premises) must ensure that a copy of the emergency plan made for the controlled premises, indicating the date it was made, is—
	(a)	kept at the controlled premises; and
	(b)	given to any work safety representative of employees who handle dangerous substances at the controlled premises; and
	(c)	given to the emergency services; and
	(d)	if premises (neighbouring premises) near the controlled premises are likely to be affected by a dangerous occurrence at the controlled premises—given to a person in control of the neighbouring premises.
Maximum penalty:  30 penalty units.
	(3)	An offence against this section is a strict liability offence.
Note	If a person stops being in control of manifest quantity registrable premises, a copy of the emergency plan must continue to be kept at the premises (see s 250 (Records—change of person in control)).
276	Emergency plan—instruction for employee representatives and neighbouring occupiers
	(1)	This section applies if an emergency plan is made for manifest quantity registrable premises.
	(2)	A person in control of the premises must ensure that any work safety representative of employees at the premises, and a person in control of any premises (the neighbouring premises) near the premises, is given instruction about the following, in a language and way appropriate to the representative and the person in control of the neighbouring premises:
	(a)	the operation of the emergency plan; and
	(b)	any procedures and equipment that may be needed for use if there is a dangerous occurrence at the manifest quantity registrable premises.
Maximum penalty:  30 penalty units.
	(3)	An offence against this section is a strict liability offence.
	(4)	This section only applies in relation to a person in control of the neighbouring premises if the neighbouring premises are likely to be affected by a dangerous occurrence at the manifest quantity registrable premises.
Note	Section 245 (Information for substance handlers) requires handlers of dangerous substances at the premises to be given the instruction mentioned in s (2) about the emergency plan.
277	Emergency plan—review as necessary
	(1)	This section applies if—
	(a)	an emergency plan has been made for manifest quantity registrable premises; and
	(b)	either—
	(i)	there is a significant change to a process, system or procedure in relation to the handling of dangerous substances at the premises; or
	(ii)	there is evidence to indicate that the emergency plan is no longer adequate to manage emergencies that may reasonably be expected to affect the handling of dangerous substances at the premises.
	(2)	A person in control of the premises must ensure that—
	(a)	the emergency plan for the premises is reviewed; and
	(b)	a dated record of the review is kept at the premises.
Note	The person in control of the premises must consult with various people in the course of reviewing the plan (see s 279 (Emergency plan—consultation for review)).
	(3)	If the review of an emergency plan results in an amendment to the plan, a person in control of the premises must ensure that a copy of the plan, as amended, indicating the date of amendment, is—
	(a)	kept at the premises; and
	(b)	given to any work safety representative of employees who handle dangerous substances at the premises; and
	(c)	given to the emergency services; and
	(d)	if premises (neighbouring premises) near the manifest quantity registrable premises are likely to be affected by a dangerous occurrence at the manifest quantity registrable premises—given to a person in control of the neighbouring premises.
Maximum penalty:  30 penalty units.
	(4)	An offence against this section is a strict liability offence.
Note	If a person stops being in control of manifest quantity registrable premises, a copy of the review, and the plan as amended (if applicable), must continue to be kept at the premises (see s 250 (Records—change of person in control)).
278	Emergency plan—5-year review
	(1)	This section applies if an emergency plan has been made for manifest quantity registrable premises.
	(2)	A person in control of the premises must ensure that—
	(a)	the emergency plan for the premises is reviewed within—
	(i)	5 years after it was made; or
	(ii)	if it has been reviewed after it was made (including a review under this section)—5 years after the dated record was made of its last review; and
	(b)	a dated record of the review is kept at the premises.
Maximum penalty:  30 penalty units.
Note	The person in control of the premises must consult with various people in the course of reviewing the plan (see s 279 (Emergency plan—consultation for review)).
	(3)	If a review of an emergency plan under subsection (2) results in an amendment to the plan, a person in control of the premises must ensure that a copy of the plan, as amended, indicating the date of amendment, is—
	(a)	kept at the premises; and
	(b)	given to any work safety representative of employees who handle dangerous substances at the premises; and
	(c)	given to the emergency services; and
	(d)	if premises (neighbouring premises) near the manifest quantity registrable premises are likely to be affected by a dangerous occurrence at the manifest quantity registrable premises—given to a person in control of the neighbouring premises.
Maximum penalty:  30 penalty units.
	(4)	An offence against this section is a strict liability offence.
Note	If a person stops being in control of manifest quantity registrable premises, a copy of the review, and the plan as amended (if applicable), must continue to be kept at the premises (see s 250 (Records—change of person in control)).
279	Emergency plan—consultation for review
	(1)	This section applies if a review of an emergency plan for manifest quantity registrable premises is conducted under section 277 (Emergency plan—review as necessary) or section 278 (Emergency plan—5-year review)).
	(2)	A person in control of the premises must consult with the following entities in the course of the review:
	(a)	the employees who carry out tasks involving the handling of any dangerous substance at the premises;
	(b)	any work safety representative of those employees;
	(c)	the emergency services;
	(d)	a person in control of any premises (neighbouring premises) near the manifest quantity registrable premises.
Maximum penalty:  30 penalty units.
	(3)	An offence against this section is a strict liability offence.
	(4)	Subsection (2) (d) only applies in relation to a person in control of the neighbouring premises if the neighbouring premises are likely to be affected by a dangerous occurrence at the manifest quantity registrable premises.
	(5)	In reviewing the emergency plan, the person in control of the premises must take into consideration any written advice received from an entity mentioned in subsection (2).

Part 2.9	Non-registrable premises
Division 2.9.1	Non-registrable premises—safety management system requirements
280	Non-registrable premises—safety management system requirements for Act, s 19 (1) (e)
	(1)	A safety management system for handling a dangerous substance at non-registrable premises must be prepared in accordance with this division.
	(2)	Subsection (1) is in addition to the requirements of the Act, section 19 (1) (a) to (d) in relation to a safety management system for the substance.
Note	Under the Act, s 19 (1) (e), a safety management system for a dangerous substance must comply with requirements prescribed by regulation.  For the Act, s 31, a person in control of premises where a dangerous substance is handled must ensure that there is a safety management system for the substance at the premises, and that the system is implemented for the premises. Failure to comply may be an offence against the Act, pt 3.2.
281	Non-registrable premises—hazard identification for Act,
s 19 (2)
	(1)	This section applies if a person in control of non-registrable premises is—
	(a)	preparing a safety management system for the premises; and
	(b)	for that purpose, identifying the hazards associated with a dangerous substance at the premises.
	(2)	In identifying the hazards associated with the substance, the person in control of the premises must consider the following:
	(a)	information in the safety data sheet for the substance;
	(b)	any other information known to the person about the hazardous properties of the substance.
Note 1	A person in control of premises where a dangerous substance is handled must ensure that a safety management system is prepared, documented and implemented (see Act, s 31 (1)).  The safety management system must, among other things, identify the hazards associated with the substance, having regard to the current state of knowledge about the hazards (see Act, s 19 (1) (a)).  The safety management system must also comply with this division (see s 280 (Non-registrable premises—safety management system requirements for Act, s 19 (1) (e)) and the Act, s 19 (1) (e)).
Note 2	In addition to the considerations mentioned in this section, the Act, s 19 (2) sets out further matters that must be considered in identifying hazards associated with a dangerous substance as follows:
·	the chemical and physical properties of the substance (s 19 (2) (a))
·	any chemical or physical reactions that may happen if the substance comes into contact with other substances (s 19 (2) (b))
·	the premises, plant and systems for handling the substance (s 19 (2) (c))
	(3)	A person in control of non-registrable premises where there is a dangerous substance must take all reasonable steps to find out about the hazardous properties of the substance.
Maximum penalty:  15 penalty units.
	(4)	An offence against this section is a strict liability offence.
Division 2.9.2	Non-registrable premises—risk control
282	Non-registrable premises—preventing interaction with other substances
	(1)	A person in control of non-registrable premises must ensure that a dangerous substance at the premises that is not compatible with another substance at the premises (including another dangerous substance) is stored separately from the other substance.
Maximum penalty:  15 penalty units.
	(2)	An offence against this section is a strict liability offence.
283	Non-registrable premises—preventing contamination of food or personal products
	(1)	A person in control of non-registrable premises must ensure that a dangerous substance is not handled at the premises so as to contaminate food, food packaging or personal use products.
Maximum penalty:  15 penalty units.
	(2)	An offence against this section is a strict liability offence.
284	Non-registrable premises—decommissioning
	(1)	This section applies if a container used to store a dangerous substance at non-registrable premises—
	(a)	is to be disposed of; or
	(b)	is no longer to be used in association with the substance.
	(2)	A person in control of the premises must ensure that—
	(a)	the container is thoroughly cleaned so that the container is in the condition it would be in if it had never contained the substance; and
	(b)	the contents of the container are neutralised, cured or chemically deactivated.
Maximum penalty:  15 penalty units.
	(3)	An offence against this section is a strict liability offence.
285	Non-registrable premises—personal protective or safety equipment
	(1)	This section applies if there are reasonable grounds for a person in control of non-registrable premises to require personal protective or safety equipment to be used by a person (the exposed person) to eliminate or minimise the risk from a dangerous substance while the exposed person is (or may be) exposed to the substance at the premises.
	(2)	The person in control of the premises must ensure that the exposed person is required to use the equipment while the person is (or may be) exposed to the dangerous substance at the premises.
Maximum penalty:  30 penalty units.
	(3)	The person in control of the premises must ensure that the equipment available for use by an exposed person while the exposed person is (or may be) exposed to the substance is—
	(a)	suitable for that use; and
	(b)	undamaged and effective; and
	(c)	maintained in a suitable condition for that use.
Maximum penalty:  30 penalty units.
	(4)	A person must not engage in conduct that damages or makes ineffective any personal protective or safety equipment provided at the premises.
Maximum penalty:  30 penalty units.
	(5)	An offence against subsection (2) or (3) is a strict liability offence.
286	Non-registrable premises—lighting
	(1)	A person in control of non-registrable premises must ensure that sufficient and suitable lighting is provided to enable safe access within, to and from each part of the premises where a dangerous substance is handled.
Maximum penalty:  10 penalty units.
	(2)	An offence against this section is a strict liability offence.
287	Non-registrable premises—access
	(1)	A person in control of non-registrable premises must ensure that safe means of access within, to and from each part of the premises where a dangerous substance is handled is provided and maintained.
Maximum penalty:  10 penalty units.
	(2)	An offence against this section is a strict liability offence.
288	Non-registrable premises—security
	(1)	This section applies if a person (the unauthorised person) is not authorised by a person in control of non-registrable premises to have access to a dangerous substance handled at the premises.
	(2)	A person in control of the premises must ensure that the unauthorised person does not have access to the substance.
Maximum penalty:  15 penalty units.
	(3)	An offence against this section is a strict liability offence.
289	Non-registrable premises—spill containment
	(1)	A person in control of non-registrable premises must ensure that, in each area of the premises where a dangerous substance is handled, provision is made for spill containment that—
	(a)	eliminates the risk from any spill or leak of the substance or, if it is not practicable to eliminate the risk, minimises the risk; and
	(b)	would contain within the premises any part of the substance that spills or leaks, and any effluent arising from a spill or leak.
Maximum penalty:  15 penalty units.
	(2)	If there is a spill or leak of a dangerous substance at non-registrable premises, a person in control of the premises must ensure that—
	(a)	immediate action is taken to eliminate any risk associated with the spill or leak or, if it is not practicable to eliminate the risk, minimise the risk; and
	(b)	the substance and any resulting effluent are, as soon as practicable—
	(i)	cleaned up and disposed of; or
	(ii)	otherwise made safe.
Maximum penalty:  15 penalty units.
	(3)	An offence against this section is a strict liability offence.
290	Non-registrable premises—transfer of dangerous substances
	(1)	This section applies to the transfer of a dangerous substance—
	(a)	from area to area within non-registrable premises; or
	(b)	from or into a container at non-registrable premises.
	(2)	A person in control of the premises must ensure that subsection (3) is complied with to the extent necessary—
	(a)	to eliminate any risk associated with the transfer; or
	(b)	if it is not practicable to eliminate the risk—to minimise the risk.
Maximum penalty:  15 penalty units.
	(3)	For subsection (2)—
	(a)	any spills, leaks and overflows because of the transfer must be avoided; and
	(b)	any static electricity because of the transfer must be minimised; and
	(c)	any vapour generation because of the transfer must be minimised; and
	(d)	any ignition source to which the substance may be exposed because of the transfer must be eliminated or controlled; and
	(e)	any pipework used in the transfer must be appropriate for the substance and adequate for the transfer.
	(4)	An offence against this section is a strict liability offence.
291	Non-registrable premises—equipment for clean-ups
	(1)	A person in control of non-registrable premises must ensure that equipment and materials appropriate for use for the containment and clean-up of spills or leaks at the premises of any dangerous substance are, while the substance is handled at the premises—
	(a)	kept at the premises; and
	(b)	maintained in good condition; and
	(c)	accessible to people at the premises.
Maximum penalty:  15 penalty units.
Examples of equipment and materials
The following equipment and materials may be appropriate in particular circumstances:
1	neutralisers
2	decontaminants
3	pressure relief valves.
Note	An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(2)	An offence against this section is a strict liability offence.
292	Non-registrable premises—ignition sources
	(1)	A person in control of non-registrable premises must ensure that—
	(a)	any ignition source in a hazardous area at the premises is eliminated; or
	(b)	if it is not reasonably practicable to eliminate the source— the risk from the source is minimised.
Maximum penalty:  15 penalty units.
	(2)	An offence against this section is a strict liability offence.
	(3)	In this section:
hazardous area means an area—
	(a)	classified as hazardous under either of the following standards:
	(i)	AS/NZS 2430.3 (Classification of hazardous areas);
	(ii)	AS/NZS 60079.10 (Electrical apparatus for explosive gas atmospheres—classification of hazardous areas); or
	(b)	classified under AS/NZS 61241.3 (Electrical apparatus for use in the presence of combustible dust—classification of areas where combustible dusts are or may be present) as an area where combustible dusts are or may be present.
293	Non-registrable premises—ventilation and atmospheric emissions
	(1)	A person in control of non-registrable premises must ensure that any risk associated with atmospheric conditions that are flammable, explosive or asphyxiant—
	(a)	is eliminated; or
	(b)	if it is not practicable to eliminate the risk—is minimised.
Maximum penalty:  15 penalty units.
	(2)	An offence against this section is a strict liability offence.
Division 2.9.3	Non-registrable premises—information
294	Non-registrable premises—information for substance handlers
	(1)	This section applies to—
	(a)	a person in control of non-registrable premises (the person in control) in relation to the handling of a dangerous substance at the premises; and
	(b)	someone else (the handler) who carries out, or is to carry out, tasks involving the handling of the substance (handling tasks) at the premises.
	(2)	The person in control must ensure that the handler is given induction, information, training and supervision that is—
	(a)	in a language and way appropriate to the handler; and
	(b)	relevant to the handling tasks and the associated risks.
Maximum penalty:  30 penalty units.
	(3)	The person in control must ensure that the induction, information and training given under subsection (2) includes instruction about—
	(a)	the nature of the hazards and properties of the dangerous substance, and the processes used for identifying, assessing and eliminating or reducing the risks associated with the hazards that are relevant to the handling tasks; and
	(b)	the purpose, use and maintenance of measures for eliminating or reducing the risks; and
	(c)	the proper use and fitting of personal protective or safety equipment.
Maximum penalty:  30 penalty units.
	(4)	An offence against this section is a strict liability offence.
295	Non-registrable premises—information for plant users
	(1)	A person in control of non-registrable premises must ensure that a person responsible for plant at the premises that is used to handle a dangerous substance is given the information on procedures for the safe operation of the plant necessary to ensure that—
	(a)	any risk to the responsible person or anyone else at the premises is eliminated; or
	(b)	if it is not practicable to eliminate the risk—the risk is minimised.
Maximum penalty:  15 penalty units.
	(2)	An offence against this section is a strict liability offence.
	(3)	In this section:
responsible—a person is responsible for plant at non-registrable premises if the person does any of the following:
	(a)	operates the plant;
	(b)	accesses the plant;
	(c)	maintains the plant;
	(d)	repairs the plant;
	(e)	inspects the plant;
	(f)	tests the plant.
296	Non-registrable premises—information for visitors
	(1)	A person in control of non-registrable premises must ensure that a visitor to the premises is given any information, safety instructions and supervision necessary to ensure that—
	(a)	any risk to the visitor or anyone else at the premises is eliminated; or
	(b)	if it is not practicable to eliminate the risk—the risk is minimised.
Maximum penalty:  15 penalty units.
	(2)	An offence against this section is a strict liability offence.
297	Non-registrable premises—safety data sheets
	(1)	A person in control of non-registrable premises must, for a dangerous substance handled, or proposed to be handled, at the premises—
	(a)	obtain a current safety data sheet for the substance on or before the first occasion the substance is supplied to the premises; and
	(b)	ensure that a current safety data sheet for the substance is readily accessible to anyone handling the substance at the premises, and to the emergency services.
Maximum penalty:  15 penalty units.
	(2)	Subsection (1) does not apply to a dangerous substance that is—
	(a)	in transit; or
	(b)	handled (or to be handled) at a retail outlet or warehouse in packaged form, is correctly packed and labelled, and is sold (or to be sold) unopened.
Note 1	A dangerous substance is packaged if it is in a container of a defined limited capacity (see s 203 (Definitions—ch 2)).
Note 2	See s 212 (Correct packing—Act, s 14) and s 213 (Correct labelling—Act, s 14).
	(3)	If, because of subsection (2), a person in control of non-registrable premises is not required to have, and does not have, a safety data sheet for a dangerous substance, the person must ensure that alternative information for the safe handling of the substance is readily accessible to people at the premises.
Maximum penalty:  15 penalty units.
	(4)	If a person in control of non-registrable premises makes accessible a safety data sheet for a dangerous substance, and the person also makes accessible other information about the safe handling of the substance, the person in control of the premises must ensure that the other information is—
	(a)	consistent with the information contained in the safety data sheet; and
	(b)	clearly identified as information provided by the person in control of the premises.
Maximum penalty:  15 penalty units.
	(5)	An offence against this section is a strict liability offence.
298	Non-registrable premises—register of dangerous substances
	(1)	A person in control of non-registrable premises must ensure that—
	(a)	a register is kept for dangerous substances handled at the premises; and
	(b)	the register contains a list of each dangerous substance handled at the premises, together with the safety data sheet for the substance (if required under section 297 (Non-registrable premises—safety data sheets)); and
	(c)	the register is readily accessible to people at the premises.
Maximum penalty:  15 penalty units.
	(2)	Subsection (1) does not apply to a dangerous substance—
	(a)	received in a package not large enough to require marking under the Australian Dangerous Goods Code; or
	(b)	in transit.
	(3)	An offence against this section is a strict liability offence.
299	Non-registrable premises records—change of person in control
	(1)	This section applies if a person (the departing controller) stops being a person in control of non-registrable premises while dangerous substances remain at the premises.
	(2)	The departing controller must ensure that the register kept under section 298 (Non-registrable premises—register of dangerous substances) remains at the premises when the departing controller stops being a person in control of the premises.
Maximum penalty:  10 penalty units.
	(3)	A person in control of the premises at any time after the departing controller stops being a person in control of the premises must ensure that the register kept under section 298 (Non-registrable premises—register of dangerous substances) remains, and continues to be kept, at the premises while dangerous substances are present, or are likely to be present, at the premises.
Maximum penalty:  10 penalty units.
	(4)	An offence against this section is a strict liability offence.
299A	Non-registrable premises—incorrectly labelled packages
A person in control of non-registrable premises commits an offence if—
	(a)	the person receives, and accepts, a package at the premises; and
	(b)	the person knows, or ought reasonably to know—
	(i)	that the package contains a dangerous substance; and
	(ii)	that the package is not correctly labelled; and
	(c)	the person fails to ensure that—
	(i)	the labelling on the package is corrected; or
	(ii)	the package is relabelled correctly.
Maximum penalty:  15 penalty units.
Note	See s 213 (Correct labelling—Act, s 14).
299B	Non-registrable premises—information placards for tanks
	(1)	This section applies to a dangerous substance stored in a tank at non-registrable premises, unless the substance is in a tank that is—
	(a)	intended to be carried; and
	(b)	placarded in accordance with the requirements of the Australian Dangerous Goods Code for dangerous goods of the same kind.
	(2)	A person in control of the premises must ensure that an information placard for the dangerous substance is displayed that—
	(a)	complies with schedule 2, part 2.2 (Information placards—tanks); and
	(b)	is clearly visible to a person approaching the tank.
Maximum penalty:  15 penalty units.
	(3)	An offence against this section is a strict liability offence.

Chapter 3	Asbestos and asbestos products
Part 3.1	Important concepts
    
300	Object—ch 3
The object of this chapter is to protect people against the risk of asbestos-related disease resulting from exposure to airborne asbestos fibres.
301	Definitions—ch 3
In this chapter:
asbestos means the fibrous form of the mineral silicates belonging to the serpentine and amphibole groups of rock-forming minerals, including the following:
	(a)	actinolite; 
	(b)	amosite (brown asbestos);
	(c)	anthophyllite;
	(d)	chrysotile (white asbestos);
	(e)	crocidolite (blue asbestos);
	(f)	tremolite.
asbestos product means anything that contains asbestos.
authorised activity, for asbestos or an asbestos product—see section 302 (1).
authorised activity condition, for an authorised activity for asbestos or an asbestos product—see section 302 (2).
302	Meaning of authorised activity and authorised activity condition—ch 3
	(1)	For this chapter, each of the following is an authorised activity for asbestos or an asbestos product:
	(a)	genuine scientific research in relation to the asbestos or asbestos product;
	(b)	the sampling of a substance for identifying the kind or quantities of ingredients in the substance; 
	(c)	carrying out demonstrations, education or practical training in relation to the asbestos or asbestos product.
	(2)	For this chapter, each of the following is an authorised activity condition for an authorised activity for asbestos or an asbestos product:
	(a)	the asbestos or asbestos product must be the minimum quantity practicable for the activity;
	(b)	the asbestos or asbestos product must be correctly packed and labelled;
	(c)	the asbestos or asbestos product must be used in a way that minimises the possibility of the release into the environment of airborne asbestos fibres.
303	When asbestos and asbestos product correctly packed—Act, s 14 (1) (a)
Asbestos or an asbestos product is correctly packed if it is packed in a way that minimises the possibility of the release into the environment of airborne asbestos fibres.
304	When asbestos and asbestos product correctly labelled—Act, s 14 (2) (a)
Asbestos or an asbestos product is correctly labelled if the package in which it is packed is clearly labelled to identify that the package contains asbestos or an asbestos product.
305	Asbestos and asbestos products are prohibited dangerous substances—Act, s 73
Asbestos and asbestos products are prohibited dangerous substances.
Note	See the Act, s 73, def prohibited dangerous substance, par (b).

Part 3.2	Authorised handling of asbestos and asbestos products
Note 1	The manufacture of asbestos products is prohibited except in certain circumstances (see Act, s 74 (1)).
Note 2	The transport of asbestos and asbestos products is regulated by the Dangerous Goods (Road Transport) Act 2009.
306	Authorised importation of asbestos and asbestos products—Act, s 75 (1) (b)
	(1)	A person is authorised to import asbestos or an asbestos product, except chrysotile or a chrysotile product, if—
	(a)	the asbestos or asbestos product is in plant or a vehicle imported by the person; and
Note	Plant includes machinery and equipment and a building or other structure (see Act, dict).
	(b)	the asbestos or asbestos product is fixed in place; and
	(c)	the asbestos or asbestos product was fixed in place before 31 December 2003; and
	(d)	the asbestos or asbestos product is fixed in a way that does not cause a risk unless it is disturbed.
Note	Import means import into the ACT (see Act, dict).
	(2)	A person is authorised to import asbestos or an asbestos product, except chrysotile or a chrysotile product, if—
	(a)	the person imports the asbestos or asbestos product for an authorised activity; and 
	(b)	the person complies with the authorised activity conditions for the authorised activity.
	(3)	A person is authorised to import asbestos, except chrysotile, if the person imports the asbestos in its natural form in minimal quantities in another mineral and the presence of the asbestos is incidental to the purpose of disturbing or extracting the other mineral.
	(4)	A person is authorised to import a chrysotile product if—
	(a)	the person imports the chrysotile product under an exemption; and
	(b)	the person complies with the exemption (including any conditions to which the exemption is subject); and
	(c)	the chrysotile product is correctly packed and labelled.
	(5)	On 1 January 2011, this section is amended—
	(a)	by omitting from subsections (1) and (2) ‘(including a chrysotile product)’ and substituting ‘, except chrysotile or a chrysotile product,’; and
	(b)	by omitting from subsection (3) ‘(including chrysotile)’ and substituting ‘, except chrysotile,’.
	(6)	Subsections (4), (5) and this subsection expire on 1 January 2011.
307	Authorised supply of asbestos and asbestos products—Act, s 76 (1) (b) and (3) (b)
	(1)	A person is authorised to supply asbestos or an asbestos product, except chrysotile or a chrysotile product, to someone else if—
	(a)	the asbestos or asbestos product is in plant or a vehicle supplied by the person to the other person; and
Note	Plant includes machinery and equipment and a building or other structure (see Act, dict).
	(b)	the asbestos or asbestos product is fixed in place; and
	(c)	the asbestos or asbestos product was fixed in place before 31 December 2003; and
	(d)	the asbestos or asbestos product is fixed in a way that does not cause a risk unless it is disturbed.
	(2)	A person is authorised to supply asbestos or an asbestos product, except chrysotile or a chrysotile product to someone else (the recipient) if—
	(a)	the person supplies the asbestos or asbestos product to the recipient for disposal and the asbestos or asbestos product is correctly packed and labelled; or
	(b)	the person (the supplier) supplies the asbestos or asbestos product to the recipient for an authorised activity and the supplier complies with the authorised activity conditions for the authorised activity.
	(3)	A person is authorised to supply asbestos, except chrysotile, to someone else if the person supplies the asbestos in its natural form in minimal quantities in another mineral to the other person and the presence of the asbestos is incidental to the purpose of disturbing or extracting the other mineral.
	(4)	A person is authorised to supply a chrysotile product to someone else if—
	(a)	the chrysotile product was obtained by the person under an exemption; and 
	(b)	the person complies with the exemption (including any conditions to which the exemption is subject); and
	(c)	the chrysotile product is correctly packed and labelled.
	(5)	On 1 January 2011, this section is amended—
	(a)	by omitting from subsections (1) and (2) ‘(including a chrysotile product)’ and substituting ‘, except chrysotile or a chrysotile product,’; and
	(b)	by omitting from subsection (3) ‘(including chrysotile)’ and substituting ‘, except chrysotile,’.
	(6)	Subsections (4), (5) and this subsection expire on 1 January 2011.
Note	For the meaning of supply, see the Act, dict.
308	Authorised possession of asbestos and asbestos products—Act, s 77 (1) (b)
	(1)	A person is authorised to possess asbestos or an asbestos product, except chrysotile or a chrysotile product, if—
	(a)	the person is authorised to handle (the authorised handling) the asbestos or asbestos product under another provision of this division; and
Note	Handling a dangerous substance includes importing, manufacturing, storing, supplying, possessing, receiving or using the substance (see Act, s 11).
	(b)	the person possesses the asbestos or asbestos product for the purpose of the authorised handling; and
	(c)	the person complies with the requirements of this division in relation to the authorised handling of the asbestos or asbestos product. 
	(2)	A person is authorised to possess asbestos or an asbestos product, except chrysotile or a chrysotile product, if—
	(a)	the asbestos or asbestos product is in plant or a vehicle in the person’s possession; and
Note	Plant includes machinery and equipment and a building or other structure (see Act, dict).
	(b)	the asbestos or asbestos product is fixed in place; and
	(c)	the asbestos or asbestos product was fixed in place before 31 December 2003; and
	(d)	the asbestos or asbestos product is fixed in a way that does not cause a risk unless it is disturbed.
	(3)	A person is authorised to possess asbestos, except chrysotile, if the person possesses the asbestos in its natural form in minimal quantities in another mineral and the presence of the asbestos is incidental to the purpose of disturbing or extracting the other mineral.
	(4)	On 1 January 2011, this section is amended—
	(a)	by omitting from subsections (1) and (2) ‘(including a chrysotile product)’ and substituting ‘, except chrysotile or a chrysotile product,’; and
	(b)	by omitting from subsection (3) ‘(including chrysotile)’ and substituting ‘, except chrysotile,’.
	(5)	Subsection (4) and this subsection expire on 1 January 2011.
309	Storage of asbestos and asbestos products—Act, s 78 (1) (a)
	(1)	A person who stores asbestos or an asbestos product that has been removed from plant or a vehicle (the waste) must ensure that—
	(a)	the waste is correctly packed and labelled; and
	(b)	the person disposes of the waste as soon as practicable after the person comes into possession of the waste.
Note	Plant includes machinery and equipment and a building or other structure (see Act, dict).
	(2)	A person who stores asbestos or an asbestos product for an authorised activity must comply with the authorised activity conditions for the authorised activity.
310	Authorised use of asbestos and asbestos products—Act, s 79 (1) (b)
	(1)	A person is authorised to use asbestos or an asbestos product, except chrysotile or a chrysotile product, if—
	(a)	the asbestos or asbestos product is in plant or a vehicle used by the person; and
Note	Plant includes machinery and equipment and a building or other structure (see Act, dict).
	(b)	the asbestos or asbestos product is fixed in place; and
	(c)	the asbestos or asbestos product was fixed in place before 31 December 2003; and
	(d)	the asbestos or asbestos product is fixed in a way that does not cause a risk unless it is disturbed.
	(2)	A person is authorised to use asbestos or an asbestos product, except chrysotile or a chrysotile product, for an authorised activity if the person complies with the authorised activity conditions for the authorised activity.
	(3)	A person is authorised to use asbestos, except chrysotile, in its natural form in minimal quantities in another mineral if the presence of the asbestos is incidental to the purpose of disturbing or extracting the other mineral.
	(4)	A person is authorised to use a chrysotile product that was obtained by the person under an exemption if—
	(a)	the chrysotile product is used for the purpose stated in the exemption; and
	(b)	the person complies with the exemption (including any conditions to which the exemption is subject); and
	(c)	the chrysotile product is used in a way that minimises the possibility of the release into the environment of airborne asbestos fibres.
	(5)	On 1 January 2011, this section is amended—
	(a)	by omitting from subsections (1) and (2) ‘(including a chrysotile product)’ and substituting ‘, except chrysotile or a chrysotile product,’; and
	(b)	by omitting from subsection (3) ‘(including chrysotile)’ and substituting ‘, except chrysotile,’.
	(6)	Subsections (4), (5) and this subsection expire on 1 January 2011.

Part 3.4	Asbestos management—non‑residential premises
    
322	Application—pt 3.4
	(1)	This part applies to non-residential premises built before 31 December 2003.
	(2)	However, this part only applies to non-residential premises on and after—
	(a)	for multi-storey commercial premises—1 September 2008; and
	(b)	for single storey commercial premises—1 September 2009; and
	(c)	for industrial premises—1 March 2010; and
	(d)	for community or recreational premises—1 September 2010.
	(3)	In this section:
built—non-residential premises are taken to be built on the day a certificate of occupancy for the premises, or the earliest certificate of occupancy for part of the premises, is issued under the Building Act 2004. 
multi-storey commercial premises means commercial premises that have 2 or more stories.
323	Definitions—pt 3.4
In this part:
asbestos management plan, for non-residential premises—see section 325.
asbestos register, for non-residential premises—see section 327.
building—see the Building Act 2004, section 7.
class—see the Building Act 2004, dictionary.
commercial premises means premises, or a part of premises, that are a class 5 or class 6 building.
Examples—commercial premises
1	office building used for professional or commercial purposes
2	shop used for retail sale of goods or supply of services
Note	An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
community or recreational premises means premises, or a part of premises, that are a class 3 or class 9 building.
Examples—community or recreational premises
1	a boarding-house or guest house
2	the residential part of a hotel, motel, school or detention centre
3	a health-care or an aged care building
disturb—an asbestos product is disturbed if anything happens that increases, or may increase, the risk of asbestos fibres from the product being dispersed into the air.
industrial premises means premises, or a part of premises, that are a class 7 or class 8 building. 
Examples—industrial premises
1	a building used for the production or repair of goods or produce for trade, sale or gain 
2	a carpark
3	a building used for storage or wholesale sale of goods
licensed asbestos assessor means an asbestos assessor licensed under the Construction Occupations (Licensing) Act 2004.
national standards means—
	(a)	the Asbestos Membrane Filter Method Guidance Note (NOHSC 3003 (2005)); and 
	(b)	the Code of Practice for the Management and Control of Asbestos in Workplaces (NOHSC 2018 (2005)) published by the National Occupational Health and Safety Commission.
non-residential premises—see section 324.
risk assessment, in relation to an asbestos product—see section 333. 
324	Meaning of non-residential premises—pt 3.4
		In this part:
non-residential premises means—
	(a)	commercial premises; or
	(b)	industrial premises; or 
	(c)	community or recreational premises.
325	Asbestos management plan
	(1)	A person in control of non-residential premises must have a plan (an asbestos management plan) for the premises.
Maximum penalty:  30 penalty units.
	(2)	An offence against subsection (1) is a strict liability offence.
	(3)	The asbestos management plan must include the following:
	(a)	provision for the keeping of an asbestos register for the premises;
	(b)	provision for people likely to be affected by an asbestos product at the premises to have access to information about the following:
	(i)	the location, type and condition of the product;
	(ii)	the risks posed by the product;
	(iii)	the control measures adopted to eliminate or minimise those risks;
	(c)	details of locations for the placement of warning signs and labels under section 332;
	(d)	details of safe work methods in relation to asbestos products at the premises;
	(e)	details of decisions, and reasons for decisions, about the management of an asbestos product at the premises;
	(f)	details of arrangements for dealing with accidents, incidents or emergencies involving an asbestos product at the premises;
	(g)	a timetable for managing risks associated with asbestos products at the premises, including priorities and dates for reviewing risk assessments, and special circumstances and activities that may affect the timing of action;
	(h)	details of atmospheric monitoring arrangements at the premises;
	(i)	details identifying each person having responsibilities under the plan, and the person’s particular responsibilities;
	(j)	details of any training arrangements for workers or contractors engaged at the premises or other people likely to be affected by an asbestos product at the premises;
	(k)	procedures, including a timetable, for reviewing and updating the plan and asbestos register.
Examples of decisions—par (e)
1	to seal or enclose the asbestos product
2	to replace the asbestos product with an alternative product
Examples of arrangements—par (f)
1	warning and communication systems
2	safety drills
3	availability of information for emergency services
Examples of special circumstances and activities—par (g)
1	plant shutdown periods
2	renovation or refurbishment of premises
Note	An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(4)	If something that may happen at the non-residential premises may disturb an asbestos product at the premises, the asbestos management plan must provide, as far as practicable and having regard to the risks to health, for the asbestos product to be removed from the premises rather than secured at the premises.
	(5)	A plan for the management of asbestos products in non-residential premises is taken to be an asbestos management plan for this part if the plan—
	(a)	is developed on or after 1 July 2006, but before the application of this part to the premises;
	(b)	provides for the review of the plan under section 326;
	(c)	complies with section 330 (Identifying asbestos products etc);
	(d)	complies with section 331 (Presumed presence of asbestos products);
	(e)	complies with section 332 (Asbestos warning signs etc); and
	(f)	complies with section 333 (Asbestos risk assessment).
	(6)	Subsection (5) is a law to which the Legislation Act, section 88 (Repeal does not end effect of transitional laws etc) applies.
	(7)	Subsections (5) and (6) and this subsection expire on 31 December 2011.
326	Asbestos management plan—review 
	(1)	A person in control of non-residential premises must review the asbestos management plan for the premises if—
	(a)	an asbestos product at the premises has been disturbed or removed; or
	(b)	a review of the asbestos register under section 329 indicates the need for the review; or 
	(c)	a review of a risk assessment under section 334 indicates the need for the review; or
	(d)	a review is required under section 335 (Asbestos—atmospheric monitoring); or 
	(e)	there has been a significant change in the premises: or
	(f)	there is any other evidence of which the person is, or should be, aware that the plan is no longer adequate for managing asbestos products at the premises.
Maximum penalty:  30 penalty units.
Examples of significant change in premises—par (e)
1	significant renovation or refurbishment to part or all of the premises
2	a change in the building code classification of the premises
Example of other evidence—par (f)
	unexpected damage to the premises
Note	An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(2)	A person in control of non-residential premises must also ensure that the asbestos management plan for the premises is reviewed not later than—
	(a)	5 years after the day it was made; or
	(b)	if the plan has been reviewed after it was made (whether under this section or otherwise)—5 years after the day the last review finished.
Maximum penalty:  30 penalty units.
	(3)	An offence against this section is a strict liability offence.
327	Asbestos register
	(1)	A person in control of non-residential premises must have a register (the asbestos register) for the premises.
Maximum penalty:  30 penalty units.
	(2)	An offence against subsection (1) is a strict liability offence.
	(3)	A person in control of non-residential premises commits an offence if the person fails to take reasonable steps to ensure that the asbestos register contains the following information:
	(a)	information about the identification of asbestos products at the premises, including the following:
	(i)	the date of each inspection and identification under section 330 (Identifying asbestos products etc);
	(ii)	the name of each person who conducted an inspection or identification under section 330;
	(iii)	the location, type and condition of each asbestos product identified at the premises under section 330;
	(iv)	the location, type and condition of anything at the premises that is presumed under section 331 to contain an asbestos product;
	(v)	any analysis confirming that material at the premises contains, or does not contain, an asbestos product; 
	(b)	information about a review of the asbestos register under section 329 including the following:
	(i)	the date of each review;
	(ii)	the name of each person who conducted the review;
	(iii)	the findings and conclusions of the review; 
	(c)	information about risk assessments under section 333 for the premises, including the following:
	(i)	the date of each assessment;
	(ii)	the name of each person who conducted an assessment;
	(iii)	the findings and conclusions of each assessment;
	(iv)	the result of any atmospheric monitoring at the premises, and any assessment of the results, under section 335;
	(d)	information about a review of a risk assessment under section 334  for the premises, including the following:
	(i)	the date of each review;
	(ii)	the name of each person who conducted the review;
	(iii)	the findings and conclusions of the review;
	(iv)	the result of any atmospheric monitoring at the premises, and any assessment of the results, under section 335;
	(e)	information about control measures at the premises including measures recommended or adopted because of a risk assessment under section 333;
	(f)	information about maintenance and service work in relation to asbestos products at the premises, including the following:
	(i)	the name of each person who carried out the work;
	(ii)	each date on which the work was carried out;
	(iii)	the scope of the work carried out;
	(iv)	any clearance certificate relating to the work.
Example of clearance certificate—subpar (iv)
a certificate by an asbestos removalist certifying premises are clear of asbestos
Note	An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
Maximum penalty:  30 penalty units.
	(4)	An offence against subsection (3) is a strict liability offence.
	(5)	An asbestos register is taken to be a register for this part if the register—
	(a)	is developed on or after 1 July 2006, but before the application of this part to the premises; and
	(b)	includes the information required under subsection (3).
	(6)	Subsection (5) is a law to which the Legislation Act, section 88 (Repeal does not end effect of transitional laws etc) applies.
	(7)	Subsections (5) and (6) and this subsection expire on 31 December 2011.
328	Asbestos register—access
	(1)	A person in control of non-residential premises must ensure that—
	(a)	each worker at the premises is told about the register; and
	(b)	before any work that may expose anyone to airborne asbestos fibres is done at the premises, the register is readily accessible to each of the following:
	(i)	the worker or a representative of the worker;
	(ii)	the employer of a worker at the premises;
	(iii)	anyone removing an asbestos product at the premises;
	(iv)	anyone engaged to carry out work that may disturb an asbestos product at the premises;
	(v)	anyone else who may be exposed to airborne asbestos fibres because of the work.
Maximum penalty:  30 penalty units.
	(2)	An offence against this section is a strict liability offence.
	(3)	In this section:
construction service—see the Construction Occupations (Licensing) Act 2004, section 6 (2).
worker means someone engaged to—
	(a)	provide a construction service at the premises; or
	(b)	do other work prescribed by regulation at the premises.
329	Asbestos register—review
	(1)	A person in control of non-residential premises must ensure that the asbestos register for the premises is reviewed by a licensed asbestos assessor if a review is required under either—
	(a)	section 334 (Asbestos risk assessment—review); or
	(b)	section 335 (Asbestos—atmospheric monitoring).
	Maximum penalty:  30 penalty units.
	(2)	An offence against this section is a strict liability offence.
330	Identifying asbestos products etc
	(1)	A person in control of non-residential premises must ensure that—
	(a)	the premises are inspected to find out whether there is any asbestos product at the premises; and
	(b)	the person carrying out the inspection is a licensed asbestos assessor; and
	(c)	details of the inspection are included in an inspection report for the premises.
Maximum penalty:  20 penalty units.
	(2)	Strict liability applies to subsection (1) (a) and (c).
	(3)	For subsection (1) (c), the report must—
	(a)	identify the location, type and condition of any asbestos product found at the premises; and
	(b)	identify any inaccessible areas at the premises where the presence of something that is an asbestos product should be presumed; and
	(c)	make recommendations about the placement of signs and labels to show the location, type and condition of an asbestos product found, or presumed to be, at the premises.
331	Presumed presence of asbestos products
	(1)	This section applies if a licensed asbestos assessor—
	(a)	identifies an inaccessible area of non-residential premises as an area where the presence of something that is an asbestos product should be presumed; and
	(b)	includes details about the presumed presence of an asbestos product in a report mentioned in section 330 (1) (c).
	(2)	A person in control of the premises must, subject to any identification of the thing under section 330 (Identifying asbestos products etc), include information about the thing in the asbestos register as if it were an asbestos product.
Maximum penalty:  30 penalty units.
	(3)	While information about a thing is included in the asbestos register under this section, this part applies in relation to the thing as if it were an asbestos product identified under section 330.
	(4)	An offence against this section is a strict liability offence.
332	Asbestos warning signs etc
	(1)	This section applies if an asbestos product is identified under section 330.
Note	A product identified includes a thing included in the asbestos register under s 331 (see s 331 (3)).
	(2)	A person in control of non-residential premises must ensure that—
	(a)	warning signs and labels to show the location, type and condition of each asbestos product identified at the premises are displayed in accordance with the recommendations in the report required under section 330 for the premises; and 
	(b)	each warning sign or label complies with the safety sign standard.
Maximum penalty:  30 penalty units.
	(3)	An offence against subsection (2) is a strict liability offence.
	(4)	In this section:
safety sign standard means Australian Standard 1319 Safety Signs for the Occupational Environment.
333	Asbestos risk assessment
	(1)	This section applies if an asbestos product is identified under section 330.
Note	A product identified includes a thing included in the asbestos register under s 331 (see s 331 (3)).
	(2)	A person in control of the premises must ensure that—
	(a)	a written assessment (a risk assessment) is made of the risks associated with the asbestos product; and
	(b)	the person making the risk assessment is a licensed asbestos assessor; and
	(c)	details of the risk assessment are included in—
	(i)	the asbestos management plan for the premises; and
	(ii)	the asbestos register for the premises.
Maximum penalty:  30 penalty units.
	(3)	Strict liability applies to subsection (2) (a) and (c).
	(4)	The risk assessment for an asbestos product must—
	(a)	take account of the following:
	(i)	the condition of the product;
	(ii)	the likelihood of anyone being exposed to the product;
	(iii)	whether the nature or location of any work to be carried out is likely to disturb the product;
	(iv)	the result of any atmospheric monitoring at the premises; and
	(b)	set out the control measures considered, or used, for control of the risks associated with the product.
334	Asbestos risk assessment—review
	(1)	A person in control of non-residential premises must ensure that the risk assessment for the premises is reviewed by a licensed asbestos assessor if any of the following apply:
	(a)	there is evidence of which the person is, or should be, aware that the risk assessment is no longer valid or adequate;
	(b)	there is evidence of which the person is, or should be, aware that the control measures set out in the risk assessment are no longer valid or adequate; 
	(c)	a significant change is proposed for the premises, or for work practices or procedures, relevant to the risk assessment; 
	(d)	there is a change in the condition of the product.
Maximum penalty:  30 penalty units.
Examples of significant change—par (c)
1	significant renovation or refurbishment to part or all of the premises
2	a change in the building code classification of the premises
	(2)	Strict liability applies to subsection (1) (c) and (d).
	(3)	A review of a risk assessment need not include more than a visual inspection of the asbestos product if the inspection is, in the opinion of the licensed asbestos assessor, sufficient to adequately assess the risk.
335	Asbestos—atmospheric monitoring
	(1)	This section applies if atmospheric monitoring is a control measure identified in a risk assessment for an asbestos product at non‑residential premises.
	(2)	A person in control of the premises must ensure that atmospheric monitoring is carried out at the premises in accordance with the national standards.
Maximum penalty:  30 penalty units.
	(3)	If atmospheric monitoring under subsection (2) indicates that airborne asbestos fibres at the premises might exceed the exposure standard under the national standards, a person in control of the premises must review—
	(a)	the control measures for the risks associated with the asbestos product; and
	(b)	if necessary—
	(i)	the asbestos management plan for the premises; and
	(ii)	the asbestos register for the premises.
Maximum penalty:  30 penalty units.
	(4)	An offence against this section is a strict liability offence.
336	Atmospheric asbestos—exposure standard exceeded
	(1)	A person in control of non-residential premises must ensure that airborne asbestos fibres at the premises do not exceed the exposure standard under the national standards.
Maximum penalty:  30 penalty units.
	(2)	An offence against this section is a strict liability offence.

Chapter 4	Security sensitive substances
Part 4.1	Important concepts
400	Meaning of security sensitive substance—ch 4
	(1)	In this chapter:
security sensitive substance means—
	(a)	a substance mentioned in schedule 4, table 4.1; or
	(b)	a substance determined under subsection (2) to be a security sensitive substance.
	(2)	The Minister may, in writing, determine that a dangerous substance (other than an explosive) is a security sensitive substance.
Note	For the meaning of explosive, see the Act, s 73 and the Dangerous Substances (Explosives) Regulation 2004, s 7.
	(3)	A determination under subsection (2) is a disallowable instrument.
Note	A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
401	Security sensitive substance is controlled dangerous substance—Act, s 73
A security sensitive substance is a controlled dangerous substance for the Act.
402	Definitions—ch 4
In this chapter:
adverse security assessment—see the Australian Security Intelligence Organisation Act 1979 (Cwlth), section 35.
close associate, of a person—see the Act, section 48.
qualified security assessment—see the Australian Security Intelligence Organisation Act 1979 (Cwlth), section 35.
security cleared responsible person—a person is a security cleared responsible person in relation to a security sensitive substance if—
	(a)	the person is a responsible person for the substance; and
	(b)	the person is an adult; and
	(c)	an adverse security assessment or qualified security assessment has not been given in relation to the person or a close associate of the person; and
	(d)	the person has not been convicted or found guilty in the ACT or elsewhere within the previous 5 years of an offence involving—
	(i)	a dangerous substance; or
	(ii)	a firearm; or
	(iii)	actual or threatened violence; or
	(iv)	fraud or dishonesty.
Note	The Act, s 18 defines a responsible person for a dangerous substance (including a security sensitive substance) as a person in control of the 0handling of the substance, premises where the substance is handled, or plant or a system for handling the substance.
security plan, for a licence, means a security plan for handling a security sensitive substance under the licence—
	(a)	in the form required to be included in an application for the licence; and
	(b)	as amended from time to time under this chapter.
security risk assessment, in relation to the handling of a security sensitive substance, means a written assessment that identifies and assesses the security risks (external and internal) associated with the handling of the substance.
security sensitive substance—see section 400.
unsupervised access—a person has unsupervised access to a security sensitive substance if the person has access to the substance when not under the supervision of a person who—
	(a)	holds a licence for this chapter; or
	(b)	is a security cleared responsible person.

Part 4.2	Security sensitive substances—general duties
403	Loss or theft of security sensitive substances—reporting
	(1)	A responsible person for a security sensitive substance, on becoming aware of an incident of theft or loss at premises where the substance is stored, must—
	(a)	without delay, tell the chief executive and a police officer about the incident; and
	(b)	as soon as practicable, give a written report to the chief executive setting out the details of the incident and describing the kind and amount of any security sensitive substances lost or stolen.
Maximum penalty:  30 penalty units.
Note 1	Premises are defined in the Act, dict, to include land, structures and vehicles.
Note 2	Responsible person, for a dangerous substance (including a security sensitive substance), is defined in the Act, s 18.
	(2)	An offence against this section is a strict liability offence.
	(3)	In this section:
incident of theft or loss, at premises, means—
	(a)	the theft or loss of a security sensitive substance from the premises; or
	(b)	a break-in at the premises; or
	(c)	an attempt to do something mentioned in paragraph (a) or (b).

Part 4.3	Security sensitive substances—general licence requirements
404	Suitable person to hold licence—Act, s 49 (1) (i)
For the Act, the matters the chief executive must have regard to in deciding whether a person is a suitable person to be issued with, or to continue to hold, a licence to handle a security sensitive substance include—
	(a)	whether an adverse security assessment or a qualified security assessment has been given in relation to—
	(i)	the person or a close associate of the person; or
	(ii)	if the person is a corporation—an officer of the corporation or a close associate of an officer of the corporation; and
	(b)	if the person is an individual—whether the person is an adult.
Note	Additional criteria apply to the issue of licences (see Act, pt 4.2). 
405	Licence may only be issued for authorised purposes
The chief executive may only issue a licence authorising the handling of a security sensitive substance for an authorised purpose mentioned in schedule 4, table 4.1, column 3 for the substance.

Part 4.4	Manufacturing security sensitive substances
406	Meaning of manufacturing licence—ch 4
In this chapter:
manufacturing licence means a licence issued for this part authorising the manufacture of a security sensitive substance.
Note 1	Licences are issued under the Act (see Act, dict, def licence).
Note 2	Manufacture is defined in the Act, dict.
407	Authority to manufacture security sensitive substances
A person is authorised to manufacture a security sensitive substance if the person—
	(a)	holds a manufacturing licence authorising the manufacture of the substance; or
	(b)	is an individual engaged (as an employee or contractor) to manufacture the substance under the supervision of a person who holds a manufacturing licence.
Note 1	Licences are issued under the Act, ch 4 (Licences for dangerous substances). Security sensitive substances are dangerous substances.
Note 2	A person who manufactures a security sensitive substance without authorisation may commit an offence against the Act, pt 5.1.
408	Person in control of manufacture—Act, s 17 (1) (e)
For the Act, the holder of a manufacturing licence is a person in control of all of the following in relation to the manufacture of a security sensitive substance under the licence:
	(a)	the handling of the substance;
	(b)	the premises where the substance is manufactured; 
	(c)	any associated plant or system;
	(d)	any associated activity.
Note	The Act, ch 3 (Safety duties for dangerous substances) imposes safety duties on a person in control of activities, plants, systems and premises relating to the handling of the dangerous substances.
409	Manufacturing licence applications—Act, s 50 (2)
An application for a manufacturing licence for a security sensitive substance must include the following:
	(a)	the name and address of, and copies of identification papers for—
	(i)	the applicant; and
	(ii)	anyone who is to be a responsible person for the substance; 
	(b)	if the applicant is a corporation—the corporation’s ACN;
	(c)	the purpose of the manufacture;
	(d)	the address of the premises where the substance is to be manufactured;
	(e)	a security plan prepared in accordance with section 410;
	(f)	any information or documents required by a form for the application approved under the Act, section 222.
410	Manufacturing licence applications—security plans
	(1)	A security plan for the manufacture of a security sensitive substance must be based on a security risk assessment.
	(2)	The security plan must include the following:
	(a)	details of the production process to be used;
	(b)	details of the ingredients to be used and the source of any ingredient that is a dangerous substance;
	(c)	recording and reconciliation protocols;
	(d)	a system for recording—
	(i)	the name and licence details of a person who receives any of the security sensitive substance; and
	(ii)	the amount of the substance taken by the person;
	(e)	procedures for reporting any loss, theft or attempted theft of the security sensitive substance;
	(f)	any information or documents required by a form for the security plan approved under the Act, section 222.
411	Manufacturing licence conditions—Act, s 53 (2) (b)
The following conditions apply to a manufacturing licence for a security sensitive substance:
	(a)	the licensee must ensure that the substance is manufactured only for the purpose stated in the licence; 
	(b)	the licensee must ensure that—
	(i)	the security plan for the licence is implemented; and
	(ii)	a copy of the plan is available for inspection at each premises used for manufacturing the substance under the licence; 
	(c)	the licensee must ensure that no-one other than a security cleared responsible person named in the licence has unsupervised access to the substance;
	(d)	the licensee must apply to the chief executive to amend the licence if the licensee proposes to—
	(i)	add someone to, or remove someone from, the licence as a security cleared responsible person; or
	(ii)	change the name stated in the licence of a security cleared responsible person;
Note	Licence amendments are made under the Act, s 58.
	(e)	the licensee must—
	(i)	comply with the obligations imposed on the licensee under this part; and
	(ii)	ensure that this part is complied with in relation to the manufacture of the substance under the licence.
Note 1	A licence is also subject to any conditions included in the licence by the chief executive (see Act, 53 (2) (a)).
Note 2	A licensee who fails to comply with a condition of the licence may commit an offence against the Act, s 63 (Failure to comply with conditions of licence).
412	Manufacturing licences—review of security plans
The holder of a manufacturing licence for a security sensitive substance must—
	(a)	amend the security plan whenever necessary to ensure that it is kept up to date; and
	(b)	review the security plan (and make any necessary amendments) at least once every 5 years; and
	(c)	state on the security plan—
	(i)	the date it was prepared; and
	(ii)	if it has been amended—the last date it was amended; and
	(iii)	if it has been reviewed—the last date it was reviewed.
413	Manufacture records
	(1)	The holder of a manufacturing licence must, for each security sensitive substance manufactured under the licence, make a record of the manufacture that complies with subsection (2).
	(2)	The record must include the following:
	(a)	the name and classification of the substance;
	(b)	the quantity of the substance manufactured;
	(c)	the date of manufacture;
	(d)	a certificate of analysis for each batch;
	(e)	whether the substance was manufactured for immediate use or supply;
	(f)	if the substance is stored, details of storage, including the name and licence details for a person responsible for its storage;
	(g)	any information or documents required by a form for the record approved under the Act, section 222.
Note	The licensee must make a record of the disposal under s 463.
	(3)	The holder of a manufacturing licence must keep a record made under this section of the manufacture of a security sensitive substance for at least 3 years after the day of manufacture, whether or not the licence continues in force.
Maximum penalty:  20 penalty units.
	(4)	An offence against this section is a strict liability offence.

Part 4.5	Importing security sensitive substances
414	Meaning of import licence—ch 4
In this chapter:
import licence means a licence issued for this part authorising the import of a security sensitive substance.
Note 1	Licences are issued under the Act (see Act, dict, def licence).
Note 2	Import means import into the ACT (see Act, dict).
415	Authority to import security sensitive substances
A person is authorised to import a security sensitive substance if the person holds an import licence for the import of the substance.
Note 1	Licences are issued under the Act, ch 4 (Licences for dangerous substances). Security sensitive substances are dangerous substances.
Note 2	A person who imports a  security sensitive substance without a licence may commit an offence against the Act, pt 5.1.
416	Person in control of import—Act, s 17 (1) (e)
For the Act, the holder of an import licence is a person in control of all of the following in relation to the import of a security sensitive substance under the licence:
	(a)	the handling of the substance;
	(b)	any premises where the substance is stored by the licensee after import; 
	(c)	any associated plant or system;
	(d)	any associated activity.
Note	The Act, ch 3 (Safety duties for dangerous substances) imposes safety duties on a person in control of activities, plants, systems and premises relating to the handling of the dangerous substances.
417	Import licence applications—Act, s 50 (2)
An application for an import licence for a security sensitive substance must include the following:
	(a)	the name and address of, and copies of identification papers for—
	(i)	the applicant; and
	(ii)	anyone who is to be a responsible person for the substance; 
	(b)	if the applicant is a corporation—the corporation’s ACN;
	(c)	the purpose of the import;
	(d)	the address of the premises where the substance is to be stored;
	(e)	the name and classification of the substance;
	(f)	any information or documents required by a form for the application approved under the Act, section 222.
418	Import licence conditions—Act, s 53 (2) (b)
The following conditions apply to an import licence for a security sensitive substance:
	(a)	the licensee must import the substance only for the purpose stated in the licence; 
	(b)	the licensee must ensure that no-one other than a security cleared responsible person named in the licence has unsupervised access to the substance;
	(c)	the licensee must apply to the chief executive to amend the licence if the licensee proposes to—
	(i)	add someone to, or remove someone from, the licence as a security cleared responsible person; or
	(ii)	change the name stated in the licence of a security cleared responsible person;
Note	Licence amendments are made under the Act, s 58.
	(d)	the licensee must—
	(i)	comply with the obligations imposed on the licensee under this part; and
	(ii)	ensure that this part is complied with in relation to the import of the substance under the licence.
Note 1	A licence is also subject to any conditions included in the licence by the chief executive (see Act, 53 (2) (a)).
Note 2	A licensee who fails to comply with a condition of the licence may commit an offence against the Act, s 63 (Failure to comply with conditions of licence).
419	Notice of import
	(1)	The holder of an import licence must give the chief executive written notice of the licensee’s intention to import a security sensitive substance.
	(2)	The notice must be given no later than 2 business days before the day when the substance is to arrive in the ACT.
	(3)	The notice must include the following:
	(a)	the licensee’s licence details;
	(b)	the intended date of import of the substance;
	(c)	how the substance is to be carried into the ACT;
	(d)	the name, classification and quantity of the substance to be imported;
	(e)	contact and licence details for the person who is to receive the import; 
	(f)	the address of the place where the substance is to be stored in the ACT;
	(g)	the name and licence details of the person who is to carry the substance into the ACT;
	(h)	any information or documents required by a form for the notice approved under the Act, section 222.
420	Import records
	(1)	The holder of an import licence must make a record of all security sensitive substances imported into the ACT under the licence.
	(2)	The holder of an import licence must keep a record made under this section of the import of a security sensitive substance for at least 3 years after the day of import, whether or not the licence continues in force.
Maximum penalty:  20 penalty units.
	(3)	An offence against this section is a strict liability offence.

Part 4.6	Carrying security sensitive substances
Note	If this part requires a security sensitive substance to be carried in a particular way, and a person carrying the security sensitive substance does not comply with the requirement, the person may commit an offence against the Act, s 80 (Unauthorised carrying of certain dangerous substances).
421	Carrying definitions—ch 4
In this chapter:
carrying licence means a licence issued for this part authorising the carrying of a security sensitive substance by road or rail.
Note 1	Licences are issued under the Act (see Act, dict, def licence).
Note 2	Carry (a dangerous substance) is defined in the Act, dict to mean the moving of the substance by any means.
interstate security sensitive substances carrying authority, in relation to a security sensitive substance carried by road or rail, means a written authority (however called—for example, a licence or permit) issued under a corresponding law that authorises the authority-holder to carry the substance by road or rail.
Note	An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
422	Application of pt 4.6
	(1)	This part applies to the carrying of security sensitive substances by road or rail.
	(2)	However, this part does not apply to—
	(a)	the carrying of a quantity of a security sensitive substance that is less than the exempt quantity mentioned in schedule 4, table 4.1, column 4 for the substance; or
	(b)	the carrying of a security sensitive substance by an inspector or police officer exercising a function under the Act.
423	Authority to carry security sensitive substances by road
	(1)	A person must not carry a security sensitive substance by road (in the ACT) unless—
	(a)	the person is authorised to carry the substance by road (in the ACT) under a carrying licence; or
	(b)	the person holds an interstate security sensitive substances carrying authority that authorises the person to carry the substance by road (in the ACT).
	(2)	A carrying licence that authorises the carrying of a security sensitive substance by road (in the ACT) authorises the carrying of the substance by—
	(a)	the licensee; or
	(b)	an individual engaged (as an employee or contractor) to carry the substance by road under the licensee’s supervision.
Note 1	Carrying licences are issued under the Act, ch 4 (Licences for dangerous substances). Security sensitive substances are dangerous substances.
Note 2	A person who carries a security sensitive substance without authorisation may commit an offence against the Act, pt 5.1.
424	Authority to carry security sensitive substances by rail
	(1)	A person must not carry a security sensitive substance by rail (in the ACT) unless—
	(a)	the person is authorised under a carrying licence to carry the security sensitive substance by rail (in the ACT); or
	(b)	the person is authorised under an interstate security sensitive substances carrying authority to carry the substance by rail (in the ACT or elsewhere).
	(2)	A carrying licence that authorises the carrying of a security sensitive substance by rail (in the ACT) authorises the carrying of the substance by—
	(a)	the licensee; or
	(b)	an individual engaged (as an employee or contractor) to carry the substance by rail under the licensee’s supervision.
Note 1	Carrying licences are issued under the Act, ch 4 (Licences for dangerous substances). Security sensitive substances are dangerous substances.
Note 2	A person who carries a security sensitive substance without authorisation may commit an offence against the Act, pt 5.1.
425	Engaging someone else to carry security sensitive substances
	(1)	A person must not engage someone else to carry a security sensitive substance by road or rail.
Maximum penalty:  30 penalty units.
	(2)	Subsection (1) does not apply if the person whose services are engaged is authorised under section 423 or section 424 to carry the substance.
	(3)	An offence against this section is a strict liability offence.
426	Person in control of carrying security sensitive substances—Act, s 17 (1) (e)
For the Act, the holder of a carrying licence is a person in control of all of the following in relation to the carrying of a security sensitive substance under the licence:
	(a)	the handling of the substance;
	(b)	any premises where the substance is stored by the licensee for carrying; 
	(c)	any associated plant or system;
	(d)	any associated activity.
Note	The Act, ch 3 (Safety duties for dangerous substances) imposes safety duties on a person in control of activities, plants, systems and premises relating to the handling of the dangerous substances.
427	Carrying licence applications—Act, s 50 (2)
An application for a carrying licence for a security sensitive substance must include the following:
	(a)	the name and address of, and copies of identification papers for—
	(i)	the applicant; and
	(ii)	anyone who is to be a responsible person for the substance; 
	(b)	if the applicant is a corporation—the corporation’s ACN;
	(c)	the purpose of the carrying;
	(d)	details of each vehicle to be used for carrying the substance, including the following:
	(i)	make;
	(ii)	model;
	(iii)	year of manufacture;
	(iv)	registration number;
	(v)	engine number;
	(vi)	carrying capacity;
	(vii)	type of fuel;
	(e)	a security plan prepared in accordance with section 428 (Carrying licence applications—security plans);
	(f)	any information or documents required by a form for the application approved under the Act, section 222.
428	Carrying licence applications—security plans
	(1)	A security plan for carrying a security sensitive substance must be based on a security risk assessment.
	(2)	The security plan must include the following:
	(a)	details of the precautions to be taken to ensure the security sensitive substance is secure for the duration of the entire journey;
	(b)	procedures for working out routes for the transport of the security sensitive substance;
	(c)	recording and reconciliation protocols;
	(d)	procedures for reporting any loss, theft or attempted theft of the security sensitive substance;
	(e)	any information or documents required by a form for the security plan approved under the Act, section 222.
429	Carrying licence conditions—Act, s 53 (2) (b)
The following conditions apply to a carrying licence for a security sensitive substance:
	(a)	the licensee must ensure that the substance is carried only for the purpose stated in the licence; 
	(b)	the licensee must ensure that—
	(i)	the security plan for the licence is implemented; and
	(ii)	a copy of the plan is available for inspection in each vehicle used for carrying the substance under the licence; 
	(c)	the licensee must ensure that no-one other than a security cleared responsible person named in the licence has unsupervised access to the substance;
	(d)	the licensee must apply to the chief executive to amend the licence if the licensee proposes to—
	(i)	add someone to, or remove someone from, the licence as a security cleared responsible person; or
	(ii)	change the name stated in the licence of a security cleared responsible person;
Note	Licence amendments are made under the Act, s 58.
	(e)	the licensee must—
	(i)	comply with the obligations imposed on the licensee under this part; and
	(ii)	ensure that this part is complied with in relation to the carrying of the substance under the licence.
Note 1	A licence is also subject to any conditions included in the licence by the chief executive (see Act, 53 (2) (a)).
Note 2	A licensee who fails to comply with a condition of the licence may commit an offence against the Act, s 63 (Failure to comply with conditions of licence).
430	Carrying licences—review of security plans
The holder of a carrying licence for a security sensitive substance must—
	(a)	amend the security plan whenever necessary to ensure that it is kept up to date; and
	(b)	review the security plan (and make any necessary amendments) at least once every 5 years; and
	(c)	state on the security plan—
	(i)	the date it was prepared; and
	(ii)	if it has been amended—the last date it was amended; and
	(iii)	if it has been reviewed—the last date it was reviewed.
431	Route and time restrictions
	(1)	The chief executive may, in writing, determine—
	(a)	routes by which, and times when, particular quantities of a security sensitive substance may be carried by road in the ACT; or
	(b)	routes by which, and times when, particular quantities of a security sensitive substance must not be carried by road in the ACT.
	(2)	An determination is a disallowable instrument.
Note	A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
	(3)	If the chief executive makes a determination in relation to a security sensitive substance, the substance must not be carried by road except in accordance with the determination.

Part 4.7	Storing security sensitive substances
Note	If this part requires a security sensitive substance to be stored in a particular way, and a person storing the substance does not comply with the requirement—
·	the substance is not correctly stored for the Act, s 14 (1) (a)
·	if the person is in control of the manufacture, import or supply of the substance, the person may commit an offence against the Act, pt 3.2 for contravention of s 26, s 27 or s 28
·	in addition, the person may commit an offence against the Act, pt 5.1.
432	Meaning of storage licence—ch 4
In this chapter:
storage licence means a licence issued for this part authorising the storage of a security sensitive substance.
Note	Licences are issued under the Act (see Act, dict, def licence).
433	Authority to store security sensitive substances
A person must not store a security sensitive substance unless the person is authorised under a storage licence to store the substance.
Note 1	Licences are issued under the Act, ch 4 (Licences for dangerous substances).  Security sensitive substances are dangerous substances.
Note 2	A person who stores a security sensitive substance without a licence may commit an offence against the Act, pt 5.1.
434	Person in control of storing security sensitive substances—Act, s 17 (1) (e)
For the Act, the holder of a storage licence is a person in control of all of the following in relation to the storage of a security sensitive substance under the licence:
	(a)	the handling of the substance;
	(b)	the premises where the substance is stored;
	(c)	any associated plant or system;
	(d)	any associated activity.
Note	The Act, ch 3 (Safety duties for dangerous substances) imposes safety duties on a person in control of activities, plants, systems and premises relating to the handling of the dangerous substances.  A security sensitive substance is a dangerous substance.
435	Storage licence applications—Act, s 50 (2)
An application for a storage licence for a security sensitive substance must include the following:
	(a)	the name and address of, and copies of identification papers for—
	(i)	the applicant; and
	(ii)	anyone who is to be a responsible person for the substance; 
	(b)	if the applicant is a corporation—the corporation’s ACN;
	(c)	the purpose of the storage;
	(d)	the address of premises where the substance is to be stored;
	(e)	a security plan prepared in accordance with section 436 (Storage licence applications—security plans);
	(f)	any information or documents required by a form for the application approved under the Act, section 222.
436	Storage licence applications—security plans
	(1)	A security plan for storing a security sensitive substance must be based on a security risk assessment.
	(2)	The security plan must include the following:
	(a)	details of the precautions to be taken to ensure the premises where the substance is stored are secure;
	(b)	procedures for controlling access to the premises and to the substance;
	(c)	recording and reconciliation protocols;
	(d)	procedures for reporting any loss, theft or attempted theft of the security sensitive substance;
	(e)	any information or documents required by a form for the security plan approved under the Act, section 222.
437	Storage licence conditions—Act, s 53 (2) (b)
The following conditions apply to a storage licence for a security sensitive substance:
	(a)	the licensee must store the substance only for the purpose stated in the licence; 
	(b)	the licensee must ensure that—
	(i)	the security plan for the licence is implemented; and
	(ii)	a copy of the plan is available for inspection at each premises used for storing the substance under the licence; 
	(c)	the licensee must ensure that no-one other than a security cleared responsible person named in the licence has unsupervised access to the substance;
	(d)	the licensee must apply to the chief executive to amend the licence if the licensee proposes to—
	(i)	add someone to, or remove someone from, the licence as a security cleared responsible person; or
	(ii)	change the name stated in the licence of a security cleared responsible person;
Note	Licence amendments are made under the Act, s 58.
	(e)	the licensee must—
	(i)	comply with the obligations imposed on the licensee under this part; and
	(ii)	ensure that this part is complied with in relation to the storage of the substance under the licence.
Note 1	A licence is also subject to any conditions included in the licence by the chief executive (see Act, 53 (2) (a)).
Note 2	A licensee who fails to comply with a condition of the licence may commit an offence against the Act, s 63 (Failure to comply with conditions of licence).
438	Storage licences—review of security plans
The holder of a storage licence for a security sensitive substance must—
	(a)	amend the security plan whenever necessary to ensure that it is kept up to date; and
	(b)	review the security plan (and make any necessary amendments) at least once every 5 years; and
	(c)	state on the security plan—
	(i)	the date it was prepared; and
	(ii)	if it has been amended—the last date it was amended; and
	(iii)	if it has been reviewed—the last date it was reviewed.
439	Storage records
	(1)	The holder of a storage licence must, for each premises used for the storage of security sensitive substances under the licence—
	(a)	make a record of the storage of each security sensitive substance at the premises that complies with subsection (2); and
	(b)	while a security sensitive substance is stored at the premises under the licence, maintain an accurate inventory of all security sensitive substances stored at the premises.
	(2)	The record must include the following:
	(a)	the name and classification of the substance;
	(b)	the date of receipt;
	(c)	the name and licence details of the person (if any) from whom the substance was received;
	(d)	the date the security sensitive substance is removed from the premises;
	(e)	the reason for removal;
Examples of reasons
1	use
2	supply
3	disposal
	(f)	any information or documents required by a form for the record approved under the Act, section 222.
Note	An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(3)	The holder of a storage licence must keep a record made under this section of the storage of a security sensitive substance from the day it is stored until at least 3 years after the day the substance is removed from storage, whether or not the licence continues in force.
Maximum penalty:  20 penalty units.
	(4)	An offence against this section is a strict liability offence.

Part 4.8	Supplying security sensitive substances
Division 4.8.1	Supply licences
440	Meaning of supply licence—ch 4
In this chapter:
supply licence means a licence issued for this part authorising the supply of a security sensitive substance.
Note 1	Licences are issued under the Act (see Act, dict, def licence).
Note 2	Supply is defined in the Act, dict.
441	Authority to supply security sensitive substances
A person is authorised to supply a security sensitive substance if the person holds a supply licence for the substance.
Note 1	Licences are issued under the Act, ch 4 (Licences for dangerous substances). Security sensitive substances are dangerous substances.
Note 2	A person who supplies a security sensitive substance without a licence may commit an offence against the Act, pt 5.1.
442	Person in control of supply—Act, s 17 (1) (e)
For the Act, the holder of a supply licence is a person in control of all of the following in relation to the supply of a security sensitive substance under the licence:
	(a)	the handling of the substance;
	(b)	the premises from which the substance is supplied; 
	(c)	any associated plant or system;
	(d)	any associated activity.
Note	The Act, ch 3 (Safety duties for dangerous substances) imposes safety duties on a person in control of activities, plants, systems and premises relating to the handling of the dangerous substances.  A security sensitive substance is a dangerous substance.
443	Supply licence applications—Act, s 50 (2)
An application for a supply licence for a security sensitive substance must include the following:
	(a)	the name and address of, and copies of identification papers for—
	(i)	the applicant; and
	(ii)	anyone who is to be a responsible person for the substance; 
	(b)	if the applicant is a corporation—the corporation’s ACN;
	(c)	the purpose of the supply;
	(d)	details of any licence authorising the storage of the substance at the premises from which the substance is to be supplied;
	(e)	procedures to ensure that the substance is only supplied to a person authorised to receive the substance;
	(f)	any information or documents required by a form for the application approved under the Act, section 222.
444	Supply licence conditions—Act, s 53 (2) (b)
The following conditions apply to a supply licence for a security sensitive substance:
	(a)	the licensee must supply the substance only for the purpose stated in the licence;
	(b)	the licensee must supply the substance only from premises where the substance is authorised to be stored under a licence;
	(c)	the licensee must ensure that no-one other than a security cleared responsible person named in the licence has unsupervised access to the substance;
	(d)	the licensee must apply to the chief executive to amend the licence if the licensee proposes to—
	(i)	add someone to, or remove someone from, the licence as a security cleared responsible person; or
	(ii)	change the name stated in the licence of a security cleared responsible person;
Note	Licence amendments are made under the Act, s 58.
	(e)	the licensee must—
	(i)	comply with the obligations imposed on the licensee under this part; and
	(ii)	ensure that this part is complied with in relation to the supply of the substance under the licence.
Note 1	A licence is also subject to any conditions included in the licence by the chief executive (see Act, 53 (2) (a)).
Note 2	A licensee who fails to comply with a condition of the licence may commit an offence against the Act, s 63 (Failure to comply with conditions of licence).
445	Supply only to authorised people 
A security sensitive substance must not be supplied to a person unless—
	(a)	the person is authorised under a licence to receive the substance; and
	(b)	the person shows the supplier—
	(i)	the licence or a certified copy of it; and
	(ii)	identification papers for the person.
Note	This requirement is a condition of a licence (see s 444 (e)).  A licensee who fails to comply with a condition of the licence may commit an offence against the Act, s 63 (Failure to comply with conditions of licence).
446	Supply records
	(1)	The holder of a supply licence must, for each security sensitive substance supplied under the licence, make a record of the supply that complies with subsection (2).
	(2)	The record must include the following:
	(a)	the name and classification of the substance;
	(b)	the quantity of the substance supplied and how it was packaged;
Examples
1	30 kg supplied in 3 bags of 10kg
2	30 kg supplied in 1 bag of 30kg
3	20L supplied in the customer’s own container
	(c)	the date of supply; 
	(d)	the name, address and telephone number of the person for whom the substance is supplied;
	(e)	the licence details shown to the supplier for section 445;
	(f)	the signature of the person taking delivery of the substance and, if that person is not the person for whom the substance is supplied, the name, address and telephone number of the person taking delivery;
	(g)	the proposed use of the substance;
	(h)	any information or documents required by a form for the record approved under the Act, section 222.
Note	An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(3)	The holder of a supply licence must keep a record made under this section of the supply of a security sensitive substance for at least 5 years after the day of supply, whether or not the licence continues in force.
Maximum penalty:  20 penalty units.
	(4)	An offence against this section is a strict liability offence.
Division 4.8.2	Advertising supply of security sensitive substances
447	False or misleading statements about authority to supply security sensitive substances 
	(1)	A person commits an offence if—
	(a)	the person makes a statement (whether orally, in a document or in any other way); and
	(b)	the statement is about—
	(i)	the supply or possible supply of a security sensitive substance; or
	(ii)	the promotion in any way of the supply or use of a security sensitive substance; and
	(c)	the statement is about the availability of the security sensitive substance to members of the public; and
	(d)	the statement is false or misleading; and
	(e)	the person is reckless about whether the statement—
	(i)	is false or misleading; or
	(ii)	omits anything without which the statement is false or misleading; and
	(f)	the statement is made in the course of trade or commerce.
Maximum penalty:  30 penalty units.
	(2)	Absolute liability applies to subsection (1) (f).
	(3)	Subsection (1) (d) and (e) (i) do not apply if the statement is not false or misleading in a material particular.
	(4)	Subsection (1) (d) and (e) (ii) do not apply if the omission does not make the statement misleading in a material particular.

Part 4.9	Using security sensitive substances
    
448	Meaning of user licence—ch 4
In this chapter:
user licence means a licence issued for this part authorising the use of a security sensitive substance.
Note	Licences are issued under the Act (see Act, dict, def licence).
449	Application of pt 4.9
	(1)	This part applies to the use of security sensitive substances.
	(2)	However, this part does not apply to the use of a security sensitive substance by an inspector or police officer exercising a function under the Act.
450	Authority to use security sensitive substances
A person is authorised to use a security sensitive substance if the person—
	(a)	holds a user licence for the use of the substance; or
	(b)	is an individual engaged (as an employee or contractor) to use the substance under the direct supervision of a person who holds a user licence.
Note 1	Licences are issued under the Act, ch 4 (Licences for dangerous substances). Security sensitive substances are dangerous substances.
Note 2	A person who uses a security sensitive substance without a licence may commit an offence against the Act, pt 5.1.
451	Person in control of use—Act, s 17 (1) (e)
For the Act, the holder of a user licence is a person in control of all of the following in relation to the use of a security sensitive substance under the licence:
	(a)	the handling of the substance;
	(b)	the premises where the substance is used; 
	(c)	any associated plant or system;
	(d)	any associated activity.
Note	The Act, ch 3 (Safety duties for dangerous substances) imposes safety duties on a person in control of activities, plants, systems and premises relating to the handling of the dangerous substances.
452	User licence applications—Act, s 50 (2)
An application for a user licence for a security sensitive substance must include the following:
	(a)	the name and address of, and copies of identification papers for—
	(i)	the applicant; and
	(ii)	anyone who is to be a responsible person for the substance; 
	(b)	if the applicant is a corporation—the corporation’s ACN;
	(c)	the purpose of the use;
	(d)	the address of the premises where the substance is to be stored;
	(e)	any information or documents required by a form for the application approved under the Act, section 222.
453	User licence conditions—Act, s 53 (2) (b)
The following conditions apply to a user licence for a security sensitive substance:
	(a)	the licensee must ensure that the substance is used only for the purpose stated in the licence;
	(b)	the licensee must ensure that no-one other than a security cleared responsible person named in the licence has unsupervised access to the substance;
	(c)	the licensee must apply to the chief executive to amend the licence if the licensee proposes to—
	(i)	add someone to, or remove someone from, the licence as a security cleared responsible person; or
	(ii)	change the name stated in the licence of a security cleared responsible person;
Note	Licence amendments are made under the Act, s 58.
	(d)	the licensee must—
	(i)	comply with the obligations imposed on the licensee under this part; and
	(ii)	ensure that this part is complied with in relation to the use of the substance under the licence.
Note 1	A licence is also subject to any conditions included in the licence by the chief executive (see Act, 53 (2) (a)).
Note 2	A licensee who fails to comply with a condition of the licence may commit an offence against the Act, s 63 (Failure to comply with conditions of licence).
454	Use of security sensitive substances—responsibilities of person in control
	(1)	A person in control of premises must ensure that a security sensitive substance is used at the premises only by a person authorised to use the substance under this part.
Maximum penalty:  10 penalty units.
	(2)	This section does not apply to the use of a security sensitive substance under the supervision of an inspector or police officer.
	(3)	An offence against this section is a strict liability offence.
455	Use records
	(1)	The holder of a user licence must, for each security sensitive substance used under the licence, make a record of the use that complies with subsection (2).
	(2)	The record must include the following:
	(a)	the name and classification of the substance; 
	(b)	the quantity of the substance used;
	(c)	the purpose for which the substance was used;
	(d)	any information or documents required by a form for the record approved under the Act, section 222.
	(3)	The holder of a user licence must keep a record made under this section of the use of a security sensitive substance for at least 3 years after the day of use, whether or not the licence continues in force.
Maximum penalty:  20 penalty units.
	(4)	An offence against this section is a strict liability offence.

Part 4.10	Disposal of security sensitive substances
Note	If this part requires a security sensitive substance to be disposed of in a particular way, and a person disposing of the security sensitive substance does not comply with the requirement, the person may commit an offence under the Act, s 81 (Unauthorised disposal of dangerous substances, plant and systems).
    
456	Meaning of dispose—pt 4.10
In this part:
dispose does not include supply.
Note	Dispose and supply are defined in the Act, dict.  Those definitions apply to this regulation. However, the definition in this regulation qualifies the definition in the Act.
457	Application of pt 4.10
	(1)	This part applies to the disposal of security sensitive substances.
	(2)	However, this part does not apply to the disposal of a security sensitive substance by an inspector or police officer exercising a function under the Act.
458	Authority to dispose of security sensitive substances
	(1)	A person must not dispose of a security sensitive substance unless the person is authorised under a licence to handle the security sensitive substance.
	(2)	A licence that authorises the handling of a security sensitive substance authorises the disposal of the substance by—
	(a)	the licensee; or
	(b)	any individual engaged (as an employee or contractor) to handle the substance under the licensee’s supervision.
Note 1	Licences are issued under the Act, ch 4 (Licences for dangerous substances). Security sensitive substances are dangerous substances.
Note 2	A person who disposes of a security sensitive substance without authorisation may commit an offence against the Act, pt 5.1.
459	Conditions for disposal of security sensitive substances—Act, s 53 (2) (b)
It is a condition of a licence that authorises the handling of a security sensitive substance that the licensee must—
	(a)	comply with the obligations imposed on the licensee under this part; and
	(b)	ensure that this part is complied with in relation to the disposal of the substance under the licence.
Note	A licensee who fails to comply with a condition of the licence may commit an offence against the Act, s 63 (Failure to comply with conditions of licence).
460	Discarding security sensitive substances
	(1)	A person must not discard a security sensitive substance.
Maximum penalty:  30 penalty units.
Examples of discarding
1	throwing away the substance
2	dumping the substance in a waterway
Note	An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(2)	An offence against this section is a strict liability offence.
461	Secure disposal of security sensitive substances—general rules
A person disposing of a security sensitive substance must ensure—
	(a)	that the method of disposal used provides the greatest degree of security possible; and 
	(b)	that the method of disposal is appropriate to the kind of security sensitive substance and the condition of the security sensitive substance.
462	Secure disposal of security sensitive substances—inspector’s instructions
Despite section 460 and section 461, if an inspector tells  a person (orally or in writing) who is authorised to handle a security sensitive substance under a licence to dispose of the substance in a particular way, the person must ensure that the direction is complied with.
463	Disposal records
	(1)	The holder of a licence under which a security sensitive substance is disposed of must make a record of the disposal that complies with subsection (2).
	(2)	The record must include the following:
	(a)	the name and licence details of the owner of the substance;
	(b)	the name and classification of the substance;
	(c)	the quantity of the substance disposed of;
	(d)	the date of disposal;
	(e)	the method of disposal;
	(f)	the reason for disposal;
	(g)	any information or documents required by a form for the record approved under the Act, section 222.
	(3)	The holder of a licence must keep a record made under this section of the disposal of a security sensitive substance for at least 3 years after the day of disposal, whether or not the licence continues in force.
Maximum penalty:  20 penalty units.
	(4)	An offence against this section is a strict liability offence.

Chapter 5	Notification and review of decisions
    
500	Internally reviewable decisions—Act, s 186, def internally reviewable decision
A decision mentioned in schedule 5, part 5.2, column 3 under a provision mentioned in column 2 in relation to the decision is prescribed.
501	Reviewable decisions—Act, s 186, def reviewable decision
A decision mentioned in schedule 5, part 5.1 or part 5.3, column 3 under a provision mentioned in column 2 in relation to the decision is prescribed.
502	Internally reviewable decisions—right of review and notice—Act, s 186A and s 187 (1) (a)
A person mentioned in schedule 5, part 5.2, column 4 is prescribed.
503	Reviewable decisions—right of review and notice—Act, s 190 and s 191 (1) (a)
A person mentioned in schedule 5, part 5.1 or part 5.3, column 4 is prescribed.

Schedule 1	Dangerous substances—quantity
(see div 2.1.3)
    
Table 1.1	Dangerous substances—placard quantities and manifest quantities
column 1
item	column 2
dangerous substances	column 3
packing group	column 4
placard quantity	column 5
manifest quantity	
1	class 2				
1.1	class 2.1	not applicable	500L	5 000L	
1.2	class 2.2 subsidiary risk 5.1	not applicable	2 000L	10 000L	
1.3	class 2.2 other than subsidiary risk 5.1	not applicable	5 000L	10 000L	
1.4	class 2.3	not applicable	50L	500L	
1.5	aerosols	not applicable	5 000L	10 000L	
1.6	cryogenic fluids	not applicable	1 000L	10 000L	
2	class 3, 4.1, 4.2,4.3, 5.1, 5.2, 6.1 or 8	I	50kg or L	500kg or L	
		II	250kg or L	2 500kg or L	
		III	1 000kg or L	10 000kg or L	
		mixed packing groups in a single class with the quantity of each packing group below the quantity specified for the packing group	1 000kg or L	10 000kg or L	
3	class 9	II	1 000 kg or L	10 000kg or L	
		III	5 000 kg or L	10 000kg or L	
		mixed packing groups in class 9 with the quantity of each packing
group below the quantity specified for the packing group	5 000 kg or L	10 000kg or L	
4	mixed classes of dangerous substances	not applicable	if the quantity stated in this schedule for each class present is 2 000kg or L or less—2 000kg or L	10 000kg or L	
			if the quantity stated in this schedule for 1 or more classes present is
5 000kg or L—5 000kg or L	10 000kg or L	
5	goods too dangerous to be transported	not applicable	5 kg or L	50 kg or L	
6	combustible liquids handled with fire risk dangerous substances	not applicable	1 000kg or L	10 000kg or L	
7	C1 combustible liquids	not applicable	10 000L in a tank
50 000L packaged
50 000L in tanks and packaged  combined if the quantity of C1 in the tanks is not more than
10 000L	100 000L in tanks or packaged	
1.1	Quantity—packaged dangerous substances
	(1)	For table 1.1, this section provides how to work out quantities of packaged dangerous substances.
	(2)	For a non-liquid dangerous substance, other than a class 2 dangerous substance, the quantity must be worked out by the net mass in kilograms of the packaged substance.
	(3)	For a liquid dangerous substance, other than a class 2 dangerous substance, the quantity must be worked out by the net capacity of the container in which it is packaged.
	(4)	For a class 2 dangerous substance, the quantity must be worked out by the total capacity of the container in which it is packaged.
1.2	Quantity—dangerous substances in tanks
	(1)	For table 1.1, this section provides how to work out quantities of dangerous substances that are in tanks.
	(2)	For a non-liquid dangerous substance, other than a class 2 dangerous substance, the quantity must be worked out by the design capacity of the tank in kilograms.
	(3)	For a liquid dangerous substance, other than a class 2 dangerous substance, the quantity must be worked out by the design capacity of the tank in litres.
	(4)	For a class 2 dangerous substance,  the quantity must be worked out by the design capacity of the tank.
1.3	Quantity—solid dangerous substances
For table 1.1, the quantity of a non-liquid dangerous substance that is not packaged or in a tank is the undivided mass of the substance in kilograms.
1.4	Quantity—substances that are part of articles
For table 1.1, the quantity of a dangerous substance that is part of a thing is the net quantity of that part of the thing that is a dangerous substance.

Schedule 2	Placards
(see s 257)
Part 2.1	HAZCHEM warning placard
2.1	HAZCHEM outer warning placard
	(1)	A HAZCHEM outer warning placard must have—
	(a)	the form shown in figure 2.1; and
	(b)	dimensions not less than those shown in figure 2.1.
	(2)	The placard must display the word ‘HAZCHEM’ in red letters not less than 100mm high and in the style shown in figure 1, on a white or silver background.
	(3)	In subsection (2):
red means the colour ‘signal red’ in accordance with AS 2700S–1996 (R13) (Colour standards for general purposes—signal red).

	Figure 2.1—Form and dimensions of an outer warning placard
Part 2.2	Information placards—tanks
2.2	Tank placards—general requirements
On an information placard for a dangerous substance stored in a tank, the numerals and letters used for showing the proper shipping name, UN number and hazchem code of a dangerous substance must be—
	(a)	black on a white background, unless a letter of the hazchem code is white on a black background; and
	(b)	if the proper shipping name requires a single line only—at least 100mm high; and
	(c)	if the proper shipping name requires 2 lines—at least 50mm high.
2.3	Tank placards—classifiable dangerous substances
	(1)	An information placard for a dangerous substance of class 2, 3, 4, 5, 6.1 or 9 stored in a tank must comply with this section.
	(2)	The placard must—
	(a)	comply with the template in figure 2.3; and
	(b)	subject to subsection (4) (b), have dimensions not less than those shown in figure 2.3.
	(3)	The placard must contain the following information about the substance in figure 2.3:
	(a)	in space (p)—the proper shipping name;
	(b)	in space (q)—the UN number;
	(c)	in space (r)—the hazchem code;
	(d)	in space (s)—the class label and subsidiary risk label (if any).
	(4)	For subsection (3) (d)—
	(a)	the class label and subsidiary risk label (if any) in relation to the substance must have the form and colouring provided by the Australian Dangerous Goods Code for dangerous goods of the same kind; and
	(b)	if there are 2 or more subsidiary risk labels—the width of the right hand part of the placard may be extended.

Figure 2.3—Template for an information placard for a dangerous substance in a tank
2.4	Tank placards—goods too dangerous to be transported
	(1)	An information placard for a good too dangerous to be transported stored in a tank must comply with this section.
	(2)	The placard must—
	(a)	comply with the form shown in figure 2.3; and
	(b)	have dimensions not less than those shown in figure 2.3. 
	(3)	The placard must comply with the following requirements about the substance in figure 2.3—
	(a)	in space (p)—the name mentioned in the Australian Dangerous Goods Code, appendix 5 for the dangerous good of the same kind as the substance must be stated;
	(b)	space (q) must be left blank;
	(c)	space (r) must be left blank;
	(d)	space (s) must include the label in figure 2.4.

Figure 2.4—Label for goods too dangerous to be transported
Part 2.3	Information placards—packaged substances
2.5	Information placards for packaged dangerous substances
	(1)	An information placard for packaged dangerous substances must comply with this section.
	(2)	The placard must—
	(a)	be in the form shown in figure 2.5; and
	(b)	be of sufficient size to accommodate the labels to be displayed on the placard; and
	(c)	have a white or silver background.
	(3)	The placard must contain the following information:
	(a)	the class label for each class of dangerous substances present in at least the placard quantity;
	(b)	if mixed classes of dangerous substances are present in at least the placard quantity for schedule 1, table 1.1, item 4—
	(i)	for each class of dangerous substances present in at least 50% of the placard quantity stated for the class in items 1, 2 or 3—the relevant class label; or
	(ii)	if no class of dangerous substances is present in at least 50% of the placard quantity stated for the class in items 1, 2 or 3—a mixed class label; or
	(c)	for C1 combustible liquids and fire risk dangerous substances in a total quantity exceeding 1000L—a class 3 class label; or
	(d)	for a good too dangerous to be transported—the label in figure 2.4.

Figure 2.5—Information placard for packaged dangerous substances
Part 2.4	Information placards—combustible liquids
2.6	Information placards for C1 combustible liquids
	(1)	An information placard for a container containing a packaged C1 combustible liquid, or a tank containing a C1 combustible liquid, must comply with this section.
	(2)	The placard must—
	(a)	be in the form shown in figure 2.6; and
	(b)	have dimensions not less than those shown in figure 2.6; and
	(c)	have black letters on a white or silver background.

	Figure 2.6—Placard for C1 combustible liquids

Schedule 3	Manifests
(see s 270)
    
3.1	Manifests—general information
The manifest must include—
	(a)	the name of the person in control of the premises; and
	(b)	the address of the premises; and
	(c)	the date the manifest was last reviewed or, if it has not been reviewed, the date it was prepared; and
	(d)	contact details for at least 2 people who may be contacted if there is a dangerous occurrence at the premises.
3.2	Manifests—dangerous substances in tanks other than IBCs
	(1)	For each tank, other than an intermediate bulk container, containing a dangerous substance the manifest must include—
	(a)	a unique identifying number or code for the tank; and
	(b)	the type and capacity of the tank; and
	(c)	details of the tank’s contents.
	(2)	For subsection (1) (c), the details must include the following:
	(a)	for a dangerous substance other than a good too dangerous to be transported or a combustible liquid—the proper shipping name, UN number, class and packing group of the dangerous substance;
	(b)	for a combustible liquid—the product name and the words ‘combustible liquid’;
	(c)	for a good too dangerous to be transported—the name of the good provided by the Australian Dangerous Goods Code, appendix 5 and the words ‘goods too dangerous to be transported’.
3.3	Manifests—packaged dangerous substances and IBCs
	(1)	This section applies to each storage area that—
	(a)	contains, or is likely to contain, a packaged dangerous substance or an intermediate bulk container; and
	(b)	is required to have an information placard under division 2.5.4 (Registrable premises—placards).
	(2)	The manifest must include the following:
	(a)	a unique identifying number or code for the storage area;
	(b)	for a dangerous substance of packing group I or class 2.3 that is kept, or likely to be kept, in the area—
	(i)	the proper shipping name and class of the substance; and
	(ii)	the maximum quantity of the substance;
	(c)	for a good too dangerous to be transported that is kept, or likely to be kept, in the area—
	(i)	the name of the good provided by the Australian Dangerous Goods Code, appendix 5; and
	(ii)	the words ‘goods too dangerous to be transported’; and
	(iii)	the maximum quantity of the good;
	(d)	for another dangerous substance (other than a combustible liquid) kept, or likely to be kept, in the area—the class and maximum quantity of the substance;
	(e)	for a combustible liquid kept, or likely to be kept, in the area—the words ‘combustible liquid’ and the maximum quantity of the combustible liquid.
3.4	Manifests—manufacturing dangerous substances
For each area in which a dangerous substance or combustible liquid is manufactured, the manifest must include the following:
	(a)	a unique identifying number or code for the area;
	(b)	for a dangerous substance other than a good too dangerous to be transported or a combustible liquid—the class and the maximum quantity of each class in manufacture;
	(c)	for a good too dangerous to be transported—the words ‘goods too dangerous to be transported’ and the maximum quantity of the good in manufacture;
	(d)	for a combustible liquid—the words ‘combustible liquid’ and the maximum quantity of the liquid in manufacture.
3.5	Manifests—dangerous substances in transit
	(1)	This section applies to a dangerous substance that is in transit, and for which there are shipping documents that comply with the Australian Dangerous Goods Code for dangerous goods of the same kind.
	(2)	The information required by section 3.2 and section 3.3 is taken to be included in the manifest if the shipping documents are attached to the manifest.
3.6	Manifests—plan of premises
	(1)	A plan of the premises must be included in the manifest.
	(2)	The plan of the premises must—
	(a)	show the location of—
	(i)	tanks of dangerous substances mentioned in section 3.2; and
	(ii)	the storage areas for packaged dangerous substances or intermediate bulk containers mentioned in section 3.3; and
	(iii)	the areas mentioned in section 3.4 where dangerous substances are manufactured; and
	(iv)	the areas where dangerous substances in transit may be located; and
	(b)	provide the unique identifying number or code for tanks and areas mentioned in paragraph (a); and
	(c)	show the location of—
	(i)	the main entrance and the other points of entry to the premises; and
	(ii)	essential site services, including fire services and isolation points for fuel and power; and
	(iii)	drains on the facility or location; and
	(iv)	the manifest; and
	(d)	describe the nature of the occupancy of adjoining premises.

Schedule 4	Security sensitive substances
(see s 400, s 421)
    
Table 4.1	
column 1
item	column 2	column 3
authorised purposes	column 4
exempt quantity for carrying	
1	security sensitive ammonium nitrate	1.1	mining
1.2	quarrying
1.3	manufacture of explosives and fertilisers
1.4	genuine scientific research in relation to explosives or fertilisers
1.5	sampling the substance for identifying the kind or quantities of ingredients in the substance
1.6	carrying out demonstrations, education or practical training in relation to explosives or fertilisers
1.7	commercial agricultural use by primary producers or distribution service agencies
1.8	services for carrying the substance	20kg	

4.1	Meaning of security sensitive ammonium nitrate—table 4.1
	(1)	In table 4.1, security sensitive ammonium nitrate means—
	(a)	a substance that has a UN number mentioned in subsection (3); or
	(b)	either of the following substances, if they do not have a UN number mentioned in subsection (3):
	(i)	an ammonium nitrate emulsion containing greater than 45% ammonium nitrate;
	(ii)	an ammonium nitrate mixture containing greater than 45% ammonium nitrate; or
	(c)	a substance with UN number 3139 (oxidising liquid, other than oxidising liquids with different UN numbers), if the substance is a form of ammonium nitrate.
	(2)	However, in table 4.1, security sensitive ammonium nitrate does not include—
	(a)	an ammonium nitrate solution; or
	(b)	any form of ammonium nitrate that is an explosive.
Note	For the meaning of explosive, see the Act, s 73 and the Dangerous Substances (Explosives) Regulation 2004, s 7.
	(3)	For subsection (1), UN numbers for security sensitive ammonium nitrate are as follows:
·	1942
·	2067
·	2068
·	2069
·	2070
·	2071
·	2072
·	3375.

Schedule 5	Reviewable decisions
(see ch 5)
Part 5.1	Chief executive—reviewable decisions under Act

column 1
item	column 2
provision	column 3
decision	column 4
person	
1	52 (3)	refuse to issue licence 	applicant	
2	53 (1)	issue licence subject to condition included by chief executive 	applicant	
3	54 (1)	issue licence for less than maximum period allowed	applicant	
4	58 (3)	refuse to amend licence	licensee	
5	59	impose condition on licence
amend or revoke condition included in licence by chief executive 	licensee	
6	68 (3)	reprimand licensee
require licensee to undertake training
amend/suspend/cancel licence 
period of / event for ending suspension
disqualify licensee
period of / event for ending disqualification	licensee 	
7	68 (4)	reprimand former licensee
disqualify former licensee
period of/complete training/event for ending disqualification	former licensee	
8	69 (2)	immediate suspension of licence	licensee	
9	124 (1)	refuse to accept safety undertaking	the person who proposed to give the safety undertaking	
10	125 (1)	refuse to agree to amendment of enforceable undertaking
refuse to agree to withdrawal from enforceable undertaking	relevant person	
11	126 (2)	refuse to end enforceable undertaking on application	relevant person	
Part 5.2	Inspectors—internally reviewable decisions under Act

column 1
item	column 2
provision	column 3
decision	column 4
person	
1	95 (3)	refuse to revoke compliance agreement	each responsible person	
2	100	give improvement notice	each responsible person	
3	102 (2)	extend compliance period for improvement notice
extend compliance period for improvement notice for less than period asked for
refuse to extend compliance period for improvement notice if asked	each responsible person	
4	106	revoke improvement notice
refuse to revoke improvement notice	each responsible person	
5	109	give prohibition notice	each responsible person	
6	111 (2)	extend relevant period for prohibition notice
extend relevant period for prohibition notice for less than period asked for
refuse to extend relevant period for prohibition notice if asked	each responsible person	
7	116 (3)	refuse to agree to inspect vehicle or equipment at place other than where it was originally inspected	the relevant responsible person for the vehicle or equipment	
8	117	revoke prohibition notice
refuse to revoke prohibition notice	each responsible person	
Part 5.3	Chief executive—reviewable decisions under this regulation

column 1
item	column 2
provision	column 3
decision	column 4
person	
1	312 (2) or (4)	refuse to give exemption	applicant	
2	313 (1)	give exemption subject to condition included by chief executive	applicant	
3	318 (3)	refuse to amend exemption	exemption-holder	
4	319	cancel exemption	exemption-holder	
5	319	impose condition on exemption
amend or revoke condition included in exemption by chief executive 	exemption-holder	

Dictionary
(see s 3)
Note 1	The Legislation Act contains definitions and other provisions relevant to this regulation.
Note 2	For example, the Legislation Act, dict, pt 1, defines the following terms:
·	ACAT
·	adult
·	chief executive (see s 163)
·	doctor
·	fail
·	fire brigade
·	home address
·	Minister (see s 162)
·	penalty unit (see s 133)
·	reviewable decision notice
·	rural fire service
·	under.
Note 3	Terms used in this regulation have the same meaning that they have in the Dangerous Substances Act 2004 (see Legislation Act, s 148).  For example, the following terms are defined in the Dangerous Substances Act 2004, dict:
·	Australian Dangerous Goods Code (see s 10 (3))
·	Australian Standard 1940
·	carry
·	compliance agreement (see s 94 (2))
·	dangerous substance (see s 10; see also this regulation, s 200)
·	dispose
·	enforceable undertaking (see s 122)
·	handle (see s 11)
·	import
·	improvement notice (see s 100)
·	internally reviewable decision (see s 186)
·	licence
·	manufacture
·	NOHSC approved criteria (see s 10 (3))
·	NOHSC List of Designated Hazardous Substances (see s 10 (3))
·	non-commercial (see s 12)
·	person in control (see s 17)
·	plant
·	premises (and at premises)
·	prohibition notice (see s 109)
·	reasonable steps (see s 16)
·	relevant responsible person
·	responsible person (see s 18)
·	reviewable decision (see s 186)
·	risk (see s 15)
·	safety undertaking (see s 123 (2))
·	supply
·	vehicle.
adverse security assessment, for chapter 4 (Security sensitive substances)—see the Australian Security Intelligence Organisation Act 1979 (Cwlth), section 35.
asbestos, for chapter 3 (Asbestos and asbestos products)—see section 301.
asbestos management plan, for part 3.4 (Asbestos management—non-residential premises)—see section 323.
asbestos product, for chapter 3 (Asbestos and asbestos products)—see section 301.
asbestos register, for part 3.4 (Asbestos management—non‑residential premises)—see section 323.
authorised activity, for asbestos or an asbestos product, for chapter 3 (Asbestos and asbestos products)—see section 302 (1).
authorised activity condition, for an authorised activity in relation to asbestos or an asbestos product, for chapter 3 (Asbestos and asbestos products)—see section 302 (2).
C1 combustible liquid, for chapter 2 (Certain dangerous substances)—see section 203.
C2 combustible liquid, for chapter 2 (Certain dangerous substances)—see section 203.
capacity, of a container, for chapter 2 (Certain dangerous substances)—see section 203.
carrying licence, for chapter 4 (Security sensitive substances)—see section 421.
certified copy, of a licence or authority, means a copy of the licence or authority certified by the holder of the licence or authority to be a true copy.
class, of a dangerous substance of a particular kind, for chapter 2 (Certain dangerous substances)—see section 203.
class label, for a class of dangerous substances of a particular kind, for chapter 2 (Certain dangerous substances)—see section 203. 
close associate, of a person, for chapter 4 (Security sensitive substances)—see the Act, section 48.
combustible liquid, for chapter 2 (Certain dangerous substances)—see section 203.
compatible, for chapter 2 (Certain dangerous substances)—see section 203.
container, for a dangerous substance—see section 203.
dangerous substance, for chapter 2 (Certain dangerous substances), means a dangerous substance to which the chapter applies under section 200.
Note	See also the Act, s 10, def dangerous substance.
dispose, of a security sensitive substance, for chapter 4 (Security sensitive substances)—see section 456.
disturb, for part 3.4 (Asbestos management—non-residential premises)—see section 323.
emergency plan, for division 2.8.2 (Emergency plans—manifest quantities of dangerous substances)—see section 273.
emergency service, for chapter 2 (Certain dangerous substances)—see the Emergencies Act 2004, dictionary. 
ensure—see section 6.
fire risk dangerous substance, for chapter 2 (Certain dangerous substances)—see section 203.
flashpoint, of a liquid, for chapter 2 (Certain dangerous substances)—see section 203.
good too dangerous to be transported, for chapter 2 (Certain dangerous substances)—see section 203.
hazchem code, for a dangerous substance, means the hazchem code under the Australian Dangerous Goods Code for dangerous goods of the same kind as the substance.
Note	See the Australian Dangerous Goods Code, appendix 4.
identification papers, for a person, means a document, or a number of documents taken together, that—
	(a)	show the person’s age; and
	(b)	show a home address for the person; and
	(c)	contain a photograph that could reasonably be taken to be of the person.
Example of identification papers
a proof of age card issued under the Liquor Act 2010, s 210, together with a bank statement showing the cardholder’s residential address
Note	An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
importer, of a dangerous substance, for chapter 2 (Certain dangerous substances)—see section 203.
Note	Import is defined in the Act, dict.
import licence, for chapter 4 (Security sensitive substances)—see section 414.
intermediate bulk container, containing a dangerous substance, means a rigid or flexible portable tank, within the meaning of the Australian Dangerous Goods Code, for the transport of dangerous goods of the same kind as the substance.
Note 1	See the Australian Dangerous Goods Code, supplement 2.
Note 2	Intermediate bulk carriers are also known as IBCs.
International Air Transport Association Regulations means the International Air Transport Association Regulations—IATA Regulations, published by the International Air Transport Association.
International Civil Aviation Organization Standards means the International Civil Aviation Organization—Technical Instructions for the Safe Transport of Dangerous Goods by Air, published by the International Civil Aviation Organization.
International Maritime Dangerous Goods Code means the International Marine Organization—International Maritime Dangerous Goods Code, published by the International Marine Organization.
interstate security sensitive substances carrying authority, for chapter 4 (Security sensitive substances)—see section 421.
in transit, for chapter 2 (Certain dangerous substances)—see section 203.
licensed asbestos assessor, for part 3.4 (Asbestos management—non‑residential premises)—see section 323.
licence details, of a person who handles or is to handle a dangerous substance, means details of a licence authorising the person to handle the substance.
manifest quantity, of a dangerous substance, for chapter 2 (Certain dangerous substances)—see section 205.
manifest quantity registrable premises, for chapter 2 (Certain dangerous substances)—see section 209.
manufacturer, of a dangerous substance, for chapter 2 (Certain dangerous substances)—see section 203.
Note	Manufacture is defined in the Act, dict.
manufacturing licence, for chapter 4 (Security sensitive substances)—see section 406.
national standards, for part 3.4 (Asbestos management—non‑residential premises)—see section 323.
National Exposure Standards means the Exposure Standards for Atmospheric Contaminants in the Occupational Environment (NOHSC:1003 (1995) and Guidance Note NOHSC:  3008 (1995)) published by the National Occupational Health and Safety Commission.
non-registrable premises, for chapter 2 (Certain dangerous substances)—see section 210.
non-residential premises, for part 3.4 (Asbestos management—non residential premises)—see section 323.
package, of a dangerous substance, for chapter 2 (Certain dangerous substances)—see section 203.
packaged, for a dangerous substance, for chapter 2 (Certain dangerous substances)—see section 203.
packaging, of a dangerous substance, for chapter 2 (Certain dangerous substances)—see section 203.
packing group, for a dangerous substance of a particular kind, for chapter 2 (Certain dangerous substances)—see section 203.
pipework, for chapter 2 (Certain dangerous substances)—see section 203.
placard quantity, of a dangerous substance, for chapter 2 (Certain dangerous substances)—see section 204.
placard quantity notice, for chapter 2 (Certain dangerous substances)—see section 261.
placard quantity register, for chapter 2 (Certain dangerous substances)—see section 260.
proper shipping name, of a dangerous substance of a particular kind, for chapter 2 (Certain dangerous substances)—see the Australian Dangerous Goods Code.
Note	See the Australian Dangerous Goods Code, cl 2.2.1.
qualified security assessment, for chapter 4 (Security sensitive substances)—see the Australian Security Intelligence Organisation Act 1979 (Cwlth), section 35.
registrable premises, for chapter 2 (Certain dangerous substances)—see section 208.
retailer, of a dangerous substance, for chapter 2 (Certain dangerous substances)—see section 203.
risk assessment—
	(a)	for a hazard, for chapter 2 (Certain dangerous substances)—see section 222; and
	(b)	for an asbestos product, for part 3.4—see section 333.
safety data sheet (or SDS), for chapter 2 (Certain dangerous substances)—see section 215.
SDS, for chapter 2 (Certain dangerous substances)—see section 215.
security cleared responsible person, for chapter 4 (Security sensitive substances)—see section 402.
security plan, for chapter 4 (Security sensitive substances)—see section 402.
security risk assessment, in relation to the handling of a security sensitive substance, for chapter 4 (Security sensitive substances)—see section 402.
security sensitive substance, for chapter 4 (Security sensitive substances)—see section 400.
storage licence, for chapter 4 (Security sensitive substances)—see section 432.
subsidiary risk, for a dangerous substance of a particular kind, for chapter 2 (Certain dangerous substances)—see section 203.
subsidiary risk label, for a dangerous substance of a particular kind, for chapter 2 (Certain dangerous substances)—see the Australian Dangerous Goods Code.
Note	See the Australian Dangerous Goods Code, cl 7.1.1.
supplier, of a dangerous substance, for chapter 2 (Certain dangerous substances)—see section 203.
Note	Supply is defined in the Act, dict.
supply licence, for chapter 4 (Security sensitive substances)—see section 440.
tank, for chapter 2 (Certain dangerous substances)—see section 203.
total quantity, for chapter 2 (Certain dangerous substances)—see section 206.
transfer, of a dangerous substance, for chapter 2 (Certain dangerous substances)—see section 203.
Note	Transit—see in transit.   
UN number, for a dangerous substance of a particular kind, means the identification serial number listed in the Australian Dangerous Goods Code for dangerous goods of the same kind.
Note	See the Australian Dangerous Goods Code, s 1.1.3 (def UN number), appendix 1 and appendix 2.
unsupervised access, to a security sensitive substance, for chapter 4 (Security sensitive substances)—see section 402.
user licence, for chapter 4 (Security sensitive substances)—see section 448.
work safety representative, for chapter 2 (Certain dangerous substances)—see section 203.

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.
2	Abbreviation key

A = Act	NI = Notifiable instrument	
AF = Approved form	o = order	
am = amended	om = omitted/repealed	
amdt = amendment	ord = ordinance	
AR = Assembly resolution	orig = original	
ch = chapter	par = paragraph/subparagraph	
CN = Commencement notice	pres = present	
def = definition	prev = previous	
DI = Disallowable instrument	(prev...) = previously	
dict = dictionary	pt = part	
disallowed = disallowed by the Legislative 	r = rule/subrule	
Assembly	reloc = relocated	
div = division	renum = renumbered	
exp = expires/expired	R[X] = Republication No	
Gaz = gazette	RI = reissue	
hdg = heading	s = section/subsection	
IA = Interpretation Act 1967	sch = schedule	
ins = inserted/added	sdiv = subdivision	
LA = Legislation Act 2001	SL = Subordinate law	
LR = legislation register	sub = substituted	
LRA = Legislation (Republication) Act 1996	underlining = whole or part not commenced	
mod = modified/modification	or to be expired	

3	Legislation history
Dangerous Substances (General) Regulation 2004 SL2004-56
notified LR 14 December 2004
s 1, s 2 commenced 14 December 2004 (LA s 75 (1))
pt 6.1, pt 6.3, s 607, s 679, s 682 commenced 15 December 2004 (s 2 (1))
ch 4, s 613, s 618, s 620, s 621, s 625, s 633, s 638, s 639, 
ss 643-646, s 652, ss 663-665, s 667, s 677, s 678, s 681, sch 4 commenced 30 June 2005 (s 2 (3))
remainder commenced 31 March 2005 (s 2 (2))
as amended by
Dangerous Substances (General) Amendment Regulation 2007 (No 1) SL2007-23
notified LR 6 September 2007
s 1, s 2 commenced 6 September 2007 (LA s 75 (1))
remainder commenced 7 September 2007 (s 2)
Dangerous Substances (General) Amendment Regulation 2007 (No 2) SL2007-38
notified LR 17 December 2007
s 1, s 2 commenced 17 December 2007 (LA s 75 (1))
remainder commenced 18 December 2007 (s 2)
ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 (No 2) A2008-37 sch 1 pt 1.29
notified LR 4 September 2008
s 1, s 2 commenced 4 September 2008 (LA s 75 (1))
sch 1 pt 1.29 commenced 2 February 2009 (s 2 (1) and see ACT Civil and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)
Work Safety Legislation Amendment Act 2009 A2009-28 sch 2 pt 2.7
notified LR 9 September 2009
s 1, s 2 commenced 9 September 2009 (LA s 75 (1))
sch 2 pt 2.7 commenced 1 October 2009 (s 2 and see Work Safety Act 2008 A2008-51 s 2 (1) (b) and CN2009-11)
Dangerous Goods (Road Transport) Act 2009 A2009-34 sch 1 pt 1.2
notified LR 28 September 2009
s 1, s 2 commenced 28 September 2009 (LA s 75 (1))
sch 1 pt 1.2 commenced 2 April 2010 (s 2, CN2010-5 and LA s 77 (3))
Statute Law Amendment Act 2009 (No 2) A2009-49 sch 3 pt 3.19
notified LR 26 November 2009
s 1, s 2 commenced 26 November 2009 (LA s 75 (1))
sch 3 pt 3.19 commenced 17 December 2009 (s 2)
Liquor (Consequential Amendments) Act 2010 A2010-43 sch 1 pt 1.7
notified LR 8 November 2010
s 1, s 2 commenced 8 November 2010 (LA s 75 (1))
sch 1 pt 1.7 commenced 1 December 2010 (s 2 (4) and see Liquor Act 2010 A2010-35, s 2 (3) (as am by A2010-43 amdt 1.19) and CN2010-14)
4	Amendment history
Commencement
s 2	om LA s 89 (4)
Non-application of ch 2—air and marine transport
s 202	am A2009-34 amdt 1.4
Definitions—ch 2
s 203	def health and safety representative om A2009-28 amdt 2.14
	def work safety representative ins A2009-28 amdt 2.15
Additional information for people responsible for health and safety—Act, s 26 (1) (e) and s 27 (1) (e)
s 219	am A2009-28 amdt 2.18
Consultation with employees
s 226	am A2009-28 amdt 2.18
Information for substance handlers
s 245	am A2009-28 amdt 2.19
Emergency plan—making
s 275	am A2009-28 amdt 2.18
Emergency plan—instruction for employee representatives and neighbouring occupiers
s 276	am A2009-28 amdt 2.18
Emergency plan—review as necessary
s 277	am A2009-28 amdt 2.18
Emergency plan—5-year review
s 278	am A2009-28 amdt 2.18
Emergency plan—consultation for review
s 279	am A2009-28 amdt 2.18
Non-registrable premises—information placards for tanks
s 299B	pars renum R14 LA
Definitions—ch 3
s 301	def chrysotile product exp 31 December 2010 (s 321 (2))
	def exemption exp 31 December 2010 (s 321 (2))
Authorised handling of asbestos and asbestos products
pt 3.2 hdg	note 2 sub A2009-34 amdt 1.5
Authorised importation of asbestos and asbestos products—Act, s 75 (1) (b)
s 306	am SL2007-38 s 4; SL2004-56 s 306 (5)
	(4)-(6) exp 1 January 2011 (s 306 (6))
Authorised supply of asbestos and asbestos products—Act, s 76 (1) (b) and (3) (b)
s 307	am SL2007-38 s 5; SL2004-56 s 307 (5)
	(4)-(6) exp 1 January 2011 (s 307 (6))
Authorised possession of asbestos and asbestos products—Act, s 77 (1) (b)
s 308	am SL2007-38 s 6; SL2004-56 s 308 (4)
	(4), (5) exp 1 January 2011 (s 308 (5))
Storage of asbestos and asbestos products—Act, s 78 (1) (a)
s 309	am SL2007-38 s 7
	(3), (4) exp 31 December 2010 (s 309 (4))
Authorised use of asbestos and asbestos products—Act, s 79 (1) (b
s 310	am SL2007-38 s 8; SL2004-56 s 310 (5)
	(4)-(6) exp 1 January 2011 (s 310 (6))
Chrysotile product exemptions
pt 3.3 hdg	exp 31 December 2010 (s 321 (1))
Chrysotile product exemptions—application
s 311	(4), table 311 item 2 exp 31 December 2004 (s 311 (4))
	(5), table 311 items 1, 4 exp 31 December 2006 (s 311 (5))
	am SL2007-38 s 9
	remainder exp 31 December 2010 (s 321 (1))
Chrysotile product exemptions—giving
s 312	exp 31 December 2010 (s 321 (1))
Chrysotile product exemptions—conditions
s 313	exp 31 December 2010 (s 321 (1))
Chrysotile product exemptions—term
s 314	exp 31 December 2010 (s 321 (1))
Chrysotile product exemptions—non-transferable
s 315	exp 31 December 2010 (s 321 (1))
Chrysotile product exemptions—form
s 316	exp 31 December 2010 (s 321 (1))
Chrysotile product exemptions—commencement and cancellation
s 317	exp 31 December 2010 (s 321 (1))
Chrysotile product exemptions—amendment
s 318	exp 31 December 2010 (s 321 (1))
Chrysotile product exemptions—disciplinary action
s 319	exp 31 December 2010 (s 321 (1))
Chrysotile product exemptions—continuation of earlier exemptions
s 320	exp 31 December 2010 (s 321 (1))
Expiry—pt 3.3
s 321	am SL2007-38 s 10
	exp 31 December 2010 (s 321 (1))
Asbestos management—non‑residential premises
pt 3.4	ins SL2007-23 s 4
Application—pt 3.4
s 322	ins SL2007-23 s 4
Definitions—pt 3.4
s 323	ins SL2007-23 s 4
	def asbestos management plan ins SL2007-23 s 4
	def asbestos register ins SL2007-23 s 4
	def building ins SL2007-23 s 4
	def class ins SL2007-23 s 4
	def commercial premises ins SL2007-23 s 4
	def community or recreational premises ins SL2007-23 s 4
	def disturb ins SL2007-23 s 4
	def industrial premises ins SL2007-23 s 4
	def licensed asbestos assessor ins SL2007-23 s 4
	def national standards ins SL2007-23 s 4
	def non-residential premises ins SL2007-23 s 4
	def risk assessment ins SL2007-23 s 4
Meaning of non-residential premises—pt 3.4
s 324	ins SL2007-23 s 4
Asbestos management plan
s 325	ins SL2007-23 s 4
	(5)-(7) exp 31 December 2011 (s 325 (7) (LA s 88 declaration applies))
Asbestos management plan—review
s 326	ins SL2007-23 s 4
Asbestos register
s 327	ins SL2007-23 s 4
	(5)-(7) exp 31 December 2011 (s 327 (7) (LA s 88 declaration applies))
Asbestos register—access
s 328	ins SL2007-23 s 4
Asbestos register—review
s 329	ins SL2007-23 s 4
Identifying asbestos products etc
s 330	ins SL2007-23 s 4
Presumed presence of asbestos products
s 331	ins SL2007-23 s 4
Asbestos warning signs etc
s 332	ins SL2007-23 s 4
Asbestos risk assessment
s 333	ins SL2007-23 s 4
Asbestos risk assessment—review
s 334	ins SL2007-23 s 4
Asbestos—atmospheric monitoring
s 335	ins SL2007-23 s 4
Atmospheric asbestos—exposure standard exceeded
s 336	ins SL2007-23 s 4
Notification and review of decisions
ch 5 hdg	sub A2008-37 amdt 1.116
Internally reviewable decisions—Act, s 186, def internally reviewable decision
s 500	sub A2008-37 amdt 1.116
Reviewable decisions—Act, s 186, def reviewable decision
s 501	sub A2008-37 amdt 1.116
Internally reviewable decisions—right of review and notice—Act, s 186A and s 187 (1) (a)
s 502	sub A2008-37 amdt 1.116
Reviewable decisions—right of review and notice—Act, s 190 and s 191 (1) (a)
s 503	ins A2008-37 amdt 1.116
Transitional and consequential amendments
ch 6 hdg	om R6 LA
Modification of Act, ch 14
pt 6.1 hdg	exp 5 April 2006 (s 602)
Act modified—pt 6.1
s 600	exp 5 April 2006 (s 602)
Section 226 (3)
s 601	exp 5 April 2006 (s 602)
Expiry—pt 6.1
s 602	exp 5 April 2006 (s 602)
Licences
pt 6.2 hdg	exp 1 July 2005 (s 603 (3))
Term of licence—Act, s 54 (2)
s 603	exp 1 July 2005 (s 603 (3))
Dangerous Substances (General) Regulation 2004 SL2004-9
pt 6.3 hdg	om LA s 89 (3)
Legislation amended—pt 6.3
s 604	om LA s 89 (3)
Part 5
s 605	om LA s 89 (3)
Repeal of Dangerous Substances (General) Regulation 2004
SL2004-9
pt 6.4 hdg	om LA s 89 (3)
Repeal
s 606	om LA s 89 (3)
Dangerous Substances (Explosives) Regulation 2004
pt 6.5 hdg	om LA s 89 (3)
Legislation amended—pt 6.5
s 607	om LA s 89 (3)
Incorporated documents
Section 5 (2)
s 608	om LA s 89 (3)
Section 5 (4), definition of incorporated document, paragraphs (b) and (c)
s 609	om LA s 89 (3)
Section 5 (4), definition of incorporated document
s 610	om LA s 89 (3)
Section 5 (4), new definition of properly notified
s 611	om LA s 89 (3)
Section 20
s 612	om LA s 89 (3)
New section 22A
s 613	om LA s 89 (3)
Loss or theft of explosives—reporting
Section 25 (1) (b)
s 614	om LA s 89 (3)
Section 25 (2)
s 615	om LA s 89 (3)
Section 25
s 616	om LA s 89 (3)
Authorisation decision-making
Section 32 (3) (b) (ii)
s 617	om LA s 89 (3)
New part 2.2A
s 618	om LA s 89 (3)
Exceptions—labelling and placarding
Section 45 (b) (i)
s 619	om LA s 89 (3)
Section 51
s 620	om LA s 89 (3)
Sections 55 and 56
s 621	om LA s 89 (3)
Explosives for which no import licence required
Section 91 (4)
s 622	om LA s 89 (3)
Import licence applications—Act, s 50 (2)
Section 94 (a)
s 623	om LA s 89 (3)
Section 94
s 624	om LA s 89 (3)
Section 95
s 625	om LA s 89 (3)
Notice of import
Section 96 (4)
s 626	om LA s 89 (3)
Application of pt 2.6
Section 98 (3) (a) and (b)
s 627	om LA s 89 (3)
Authority to carry explosives by road
Section 100 (1)
s 628	om LA s 89 (3)
Section 100 (2) (b) (ii) and (2), note 3
s 629	om LA s 89 (3)
Section 101 heading
s 630	om LA s 89 (3)
Section 101 (1)
s 631	om LA s 89 (3)
Section 101 (2)
s 632	om LA s 89 (3)
Sections 105 and 106
s 633	om LA s 89 (3)
Authority for driving vehicle carrying explosives
Section 107 (1) (a) (i)
s 634	om LA s 89 (3)
Section 107 (1) (a) (ii)
s 635	om LA s 89 (3)
Explosives driving licence applications—Act, s 50 (2)
Section 111 (a)
s 636	om LA s 89 (3)
Section 111
s 637	om LA s 89 (3)
Suitable people to hold explosives driving licences—Act, s 49 (1) (i)
Section 112 (1), new notes
s 638	om LA s 89 (3)
Section 112 (3), note
s 639	om LA s 89 (3)
Production of driving authority on request
Section 114 (4), definition of required authorisation, paragraph (a) (ii)
s 640	om LA s 89 (3)
Route and time restrictions
Section 117 (2)
s 641	om LA s 89 (3)
Authority to store explosives
Section 125 (1)
s 642	om LA s 89 (3)
Storage licence applications—Act, s 50 (2)
Section 128 (1) (a)
s 643	om LA s 89 (3)
Section 128 (1) (n)
s 644	om LA s 89 (3)
Section 128 (1)
s 645	om LA s 89 (3)
Sections 129 and 130
s 646	om LA s 89 (3)
Separation distance for magazines
Section 135 (3) (c)
s 647	om LA s 89 (3)
Authority to supply explosives
Section 166 (b)
s 648	om LA s 89 (3)
Section 166
s 649	om LA s 89 (3)
Supply licence applications—Act, s 50 (2)
Section 169 (a) and (b)
s 650	om LA s 89 (3)
Section 169
s 651	om LA s 89 (3)
Section 170
s 652	om LA s 89 (3)
Supply only to authorised people
Section 174 (1)
s 653	om LA s 89 (3)
Section 174
s 654	om LA s 89 (3)
Supply records
Section 176 (1)
s 655	om LA s 89 (3)
Section 176
s 656	om LA s 89 (3)
False or misleading statements about authority to supply explosives
Section 177 (1) (b) (ii)
s 657	om LA s 89 (3)
New section 177 (3) and (4)
s 658	om LA s 89 (3)
Section 182
s 659	om LA s 89 (3)
Shotfirer licence applications—Act, s 50 (2)
Section 185 (a) and (b)
s 660	om LA s 89 (3)
Section 185
s 661	om LA s 89 (3)
Section 186 heading
s 662	om LA s 89 (3)
Section 186 (1), new notes
s 663	om LA s 89 (3)
Section 186 (3), note
s 664	om LA s 89 (3)
Section 187
s 665	om LA s 89 (3)
Section 190 heading
s 666	om LA s 89 (3)
Section 190 (1), new notes
s 667	om LA s 89 (3)
Section 191, heading
s 668	om LA s 89 (3)
Section 191 (1), note
s 669	om LA s 89 (3)
Authority to dispose of explosives
Section 252 (1)
s 670	om LA s 89 (3)
Section 252 (2) (b)
s 671	om LA s 89 (3)
Safe disposal of explosives—general rules
Section 256 (a) and (b)
s 672	om LA s 89 (3)
Section 258
s 673	om LA s 89 (3)
Consumer fireworks definitions
Section 264, definition of identification papers
s 674	om LA s 89 (3)
Fireworks display definitions
Section 299, definition of display operator licence
s 675	om LA s 89 (3)
Section 305 heading
s 676	om LA s 89 (3)
Section 305 (1), new notes
s 677	om LA s 89 (3)
Section 305 (4), notes
s 678	om LA s 89 (3)
Fireworks display permit applications—Act, s 50 (2)
Section 307 (1) (f)
s 679	om LA s 89 (3)
Section 308 heading
s 680	om LA s 89 (3)
Section 308 (1), new notes
s 681	om LA s 89 (3)
Insurance requirements
Section 310
s 682	om LA s 89 (3)
Time and place restrictions for outdoor displays
Section 313 (1) (b)
s 683	om LA s 89 (3)
Dictionary, note 3
s 684	om LA s 89 (3)
Dictionary, new definition of adverse security assessment
s 685	om LA s 89 (3)
Dictionary, definition of aerial shell, note
s 686	om LA s 89 (3)
Dictionary, definitions of AS 2187.0, AS 2187.1,
AS 2187.2 and AS 2187.4
s 687	om LA s 89 (3)
Dictionary, definitions of Australian Dangerous Goods Code and Australian Explosives Code
s 688	om LA s 89 (3)
Dictionary, new definition
s 689	om LA s 89 (3)
Dictionary, definition of identification papers
s 690	om LA s 89 (3)
Dictionary, new definitions
s 691	om LA s 89 (3)
Dictionary, definition of salute shell
s 692	om LA s 89 (3)
Dictionary, new definitions
s 693	om LA s 89 (3)
Dictionary, definition of supply, paragraph (b)
s 694	om LA s 89 (3)
Dictionary, new definition
s 695	om LA s 89 (3)
Reviewable decisions
sch 5 hdg	am A2008-37 amdt 1.117
sch 5	am A2008-37 amdt 1.118
Chief executive—reviewable decisions under Act
sch 5 pt 5.1 hdg	(prev sch 5 pt 1.1 hdg) renum R1 LA
Inspectors—internally reviewable decisions under Act
sch 5 pt 5.2 hdg	(prev sch 5 pt 1.2 hdg) renum R1 LA
Chief executive—reviewable decisions under this regulation
sch 5 pt 5.3 hdg	(prev sch 5 pt 1.3 hdg) renum R1 LA
Dictionary
dict	am SL2007-23 s 5; A2008-37 amdts 1.119-1.121; A2009-49 amdt 3.43
	def asbestos management plan ins SL2007-23 s 6
	def asbestos register ins SL2007-23 s 6
	def chrysotile product exp 31 December 2010 (s 321 (2))
	def disturb ins SL2007-23 s 6
	def exemption exp 31 December 2010 (s 321 (2))
	def health and safety representative om A2009-28 amdt 2.16
	def identification papers am A2009-49 amdt 3.44; A2010-43 amdt 1.9
	def licensed asbestos assessor ins SL2007-23 s 6
	def national standards ins SL2007-23 s 6
	def non-residential premises ins SL2007-23 s 6
	def risk assessment sub SL2007-23 s 7
	def work safety representative ins A2009-28 amdt 2.17

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.  Electronic and printed versions of an authorised republication are identical. 

Republication No and date	Effective	Last amendment made by	Republication for	
R1
15 Dec 2004	15 Dec 2004–
31 Dec 2004	not amended	new regulation	
R2
1 Jan 2005	1 Jan 2005–
30 Mar 2005	not amended	commenced expiry	
R3
31 Mar 2005	31 Mar 2005–
29 June 2005	not amended	commenced provisions	
R4
30 June 2005	30 June 2005–
1 July 2005	not amended	commenced provisions	
R5
2 July 2005	2 July 2005–
5 Apr 2006	not amended	commenced expiry	
R6
6 Apr 2006	6 Apr 2006–
31 Dec 2006	not amended	commenced expiry	
R7
1 Jan 2007	1 Jan 2007–
6 Sept 2007	not amended 	commenced expiry	
R8
7 Sept 2007	7 Sept 2007–
17 Dec 2007	SL2007-23	amendments by SL2007-23	
R9
18 Dec 2007	18 Dec 2007–
1 Feb 2009	SL2007-38	amendments by SL2007-38	
R10
2 Feb 2009	2 Feb 2009–
30 Sept 2009	A2008-37	amendments by A2008-37	
R11
1 Oct 2009	1 Oct 2009–
16 Dec 2009	A2009-34	amendments by A2009-28	
R12
17 Dec 2009	17 Dec 2009–
1 Apr 2010	A2009-49	amendments by A2009-49	
R13 (RI)
6 Apr 2010	2 Apr 2010–
30 Nov 2010	A2009-49	amendments by A2009-34
reissue for republication correction	
R14
1 Dec 2010	1 Dec 2010–
31 Dec 2010	A2010-43	amendments by A2010-43	

©  Australian Capital Territory 2011