Australian Capital Territory
Dangerous Substances (General) Regulation 2004    
SL2004-9
made under the
Dangerous Substances Act 2004
Republication No 6
Effective:  15 December 2004 – 31 December 2004
Republication date: 15 December 2004
Last amendment made by SL2004-56

Uncommenced repeal: see endnote 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 15 December 2004.  It also includes any amendment, repeal or expiry affecting the republished law to 15 December 2004.  
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
The value of a penalty unit for an offence against this republished law at the republication date is—
	(a)	if the person charged is an individual—$100; or
	(b)	if the person charged is a corporation—$500.

Australian Capital Territory
Dangerous Substances (General) Regulation 2004
made under the
Dangerous Substances Act 2004
    
Contents
	Page
Part 1	Preliminary
	1	Name of regulation	2
	3	Dictionary	2
	4	Notes	2
	5	Offences against regulation—application of Criminal Code etc	2
Part 2	Licences
	50	Term of licence—Act, s 54 (2)	4
Part 3	Asbestos and asbestos products
Division 3.1	Preliminary
	150	Object of pt 3	5
	151	Definitions for pt 3	5
	152	Meaning of authorised activity and authorised activity condition for pt 3	6
	153	When asbestos and asbestos product correctly packed—Act, s 14 (1) (a)	7
	154	When asbestos and asbestos product correctly labelled—Act, s 14 (2) (a)	7
Division 3.2	Asbestos and asbestos products prohibited dangerous substances
	155	Asbestos and asbestos products are prohibited dangerous substances—Act, s 73	7
Division 3.3	Authorised handling of asbestos and asbestos products
	156	Authorised importation of asbestos and asbestos products—Act, s 75 (1) (b)	7
	157	Authorised supply of asbestos and asbestos products—Act, s 76 (1) (b) and (3) (b)	9
	158	Authorised possession of asbestos and asbestos products—Act, s 77 (1) (b)	10
	159	Storage of asbestos and asbestos products—Act, s 78 (1) (a)	12
	160	Authorised use of asbestos and asbestos products—Act, s 79 (1) (b)	12
Division 3.4	Chrysotile product exemptions
	161	Applications for exemptions for chrysotile products	13
	162	Decision on application for exemption	17
	163	Conditions of exemptions	18
	164	Term of exemption	18
	165	Exemption not transferable	19
	166	Form of exemption	19
	167	Operation of an exemption	19
	168	Amendment of exemption on application of exemption-holder	20
	169	Cancellation of exemption or imposition etc of conditions on chief executive’s initiative	20
	170	Continuation of exemptions under former regulations	22
	171	Expiry of div 3.4	22
Part 4	Administrative review of decisions
	200	Reviewable decisions—Act, s 186 (b)	23
	201	Notice of reviewable decisions—Act, s 187 (1)	23
	202	Internally reviewable decisions—Act, s 188 (1)	23
Schedule 1	Reviewable decisions	24
Part 1.1	Chief executive—reviewable decisions under Act	24
Part 1.2	Inspectors—internally reviewable decisions under Act	27
Part 1.3	Chief executive—reviewable decisions under this regulation	29
Dictionary		30
Endnotes
	1	About the endnotes	32
	2	Abbreviation key	32
	3	Legislation history	33
	4	Amendment history	33
	5	Earlier republications	36

Australian Capital Territory
Dangerous Substances (General) Regulation 2004     

made under the
Dangerous Substances Act 2004

    

  

 

Part 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 part 3 (Asbestos and asbestos products)—see section 151.’ means that the term ‘asbestos’ is defined in that section for part 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	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.

Part 2	Licences
50	Term of licence—Act, s 54 (2)
	(1)	This section applies to a licence issued before 1 July 2005. 
	(2)	The licence may not be issued for longer than 1 year.
	(3)	This part expires on 1 July 2005.

Part 3	Asbestos and asbestos products
Division 3.1	Preliminary
150	Object of pt 3
The object of this part is to protect people against the risk of asbestos-related disease resulting from exposure to airborne asbestos fibres.
151	Definitions for pt 3
In this part:
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 152 (1).
authorised activity condition, for an authorised activity for asbestos or an asbestos product—see section 152 (2).
chrysotile product means chrysotile and anything that contains chrysotile.
correctly labelled, for asbestos or an asbestos product—see section 154.
correctly packed, for asbestos or an asbestos product—see section 153.
exemption means an exemption under section 162.
152	Meaning of authorised activity and authorised activity condition for pt 3
	(1)	For this part, 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 part, 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.
153	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.
154	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.
Division 3.2	Asbestos and asbestos products prohibited dangerous substances
155	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).
Division 3.3	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 Road Transport Reform (Dangerous Goods) Act 1995 (Cwlth).
156	Authorised importation of asbestos and asbestos products—Act, s 75 (1) (b)
	(1)	A person is authorised to import asbestos or an asbestos product (including 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 (including 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 (including 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)	This subsection and the following provisions expire on 31 December 2007:
·	the words ‘(including a chrysotile product)’ in subsections (1) and (2)
·	the words ‘(including chrysotile)’ in subsection (3)
·	subsection (4). 
157	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 (including 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 (including 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 (including 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)	This subsection and the following provisions expire on 31 December 2007:
·	the words ‘(including a chrysotile product)’ in subsections (1) and (2)
·	the words ‘(including chrysotile)’ in subsection (3)
·	subsection (4).
Note	For the meaning of supply, see the Act, dict.
158	Authorised possession of asbestos and asbestos products—Act, s 77 (1) (b)
	(1)	A person is authorised to possess asbestos or an asbestos product (including 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 (including 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 (including 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)	This subsection and the following provisions expire on 31 December 2007:
·	the words ‘(including a chrysotile product)’ in subsections (1) and (2)
·	the words ‘(including chrysotile)’ in subsection (3).
159	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.
	(3)	A person who stores a chrysotile product obtained under an exemption must ensure that the chrysotile product is correctly packed and labelled.
	(4)	Subsection (3) and this subsection expire on 31 December 2007.
160	Authorised use of asbestos and asbestos products—Act, s 79 (1) (b)
	(1)	A person is authorised to use asbestos or an asbestos product (including 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 (including 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 (including 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)	This subsection and the following provisions expire on 31 December 2007:
·	the words ‘(including a chrysotile product)’ in subsections (1) and (2)
·	the words ‘(including chrysotile)’ in subsection (3)
·	subsection (4).
Division 3.4	Chrysotile product exemptions
161	Applications for exemptions for chrysotile products
	(1)	A person may apply in writing to the chief executive for an exemption that authorises the person to import, supply, store or use a chrysotile product (the proposed activity) for a use mentioned in table 161.1, column 2.
Note 1	If a form is approved under the Act, s 222 for an application, the form must be used.
Note 2	A fee may be determined under the Act, s 221 for this section.
	(2)	An application for an exemption must include the following information (the required information):
	(a)	the applicant’s name and any business name used by the applicant; 
	(b)	the applicant’s address and telephone number; 
	(c)	the proposed activity to which the application relates; 
	(d)	the category of chrysotile product to which the application relates; 
	(e)	the amount of chrysotile product to which the application relates; 
	(f)	the address of the premises where the proposed activity will be carried out; 
	(g)	if a person other than the applicant will be the person directly involved in the proposed activity—the name, address and telephone number of that person; 
	(h)	the measures that the applicant will take, if the exemption is granted, to control the risks resulting from the use of the chrysotile product; 
	(i)	if the proposed activity is the use of a chrysotile product—the name, address and telephone number of anyone who the applicant proposes will import, supply or store the chrysotile product for the applicant.
	(3)	The chief executive need not decide the application if it does not include the required information.
	(4)	This subsection and table 161.1, item 2 expire on 31 December 2004.
	(5)	This subsection and table 161.1, items 1 and 4 expire on 31 December 2006.
	(6)	In this section:
category of chrysotile product means the category mentioned in table 161.1, column 3.
Table 161.1		Table of exempt chrysotile product uses
column 1
item	column 2
uses for which exemption may be granted	column 3
category	column 4
latest date exemption may end	
1	use of chrysotile product in a compressed asbestos fibre gasket that is for use with chlorine in a plant used in liquid chlorine service with design process conditions of—45°C and 1 500kPa	1	31 December 2006	
2	use of chrysotile product in a compressed asbestos fibre gasket that is for use with—
	(a)	saturated steam; or
	(b)	superheated steam; or
	(c)	substances that are classified as dangerous goods under the Australian Dangerous Goods Code	1	31 December 2004	
3	use of chrysotile product in a product that consists of a mixture of asbestos with a phenol formaldehyde resin or with a cresylic formaldehyde resin used in:
	(a)	a vane for rotary vacuum pumps; or
	(b)	a vane for rotary compressors; or
	(c)	a split face seal of at least 150mm in diameter used to prevent leakage of water from cooling water pumps in fossil fuel electricity generating stations	2	31 December 2007	
4	use of chrysotile product in a diaphragm for use in an electrolytic cell in an existing electrolysis plant for chlor‑alkali manufacture	3	31 December 2006	
5	use of chrysotile product in relation to which an exemption under the Occupational Health and Safety (Commonwealth Employment) (National Standards) Regulations 1994 (Cwlth) has been granted to the Department of Defence or the Australian Defence Force for mission-critical parts or components of plant	4	31 December 2007	
Note	The categories in table 161.1, col 3 reflect the exemption numbering in the NOHSC model regulations, sch 2 mentioned in s 162 (5).
162	Decision on application for exemption
	(1)	The chief executive must grant an exemption authorising a person to use a chrysotile product if the chief executive is satisfied that—
	(a)	the use is for a use (the authorised use) mentioned in table 161.1, column 2; and
	(b)	the authorised use is essential to the applicant’s activities; and
	(c)	the applicant has in place appropriate measures to control the risks resulting from the use of the chrysotile product; and
	(d)	the applicant will be able to comply with the condition mentioned in section 163 (3); and
	(e)	the giving of the exemption is consistent with the object of this part.
	(2)	The chief executive must refuse to grant an exemption authorising a person to use a chrysotile product if the chief executive is not satisfied about the matters mentioned in subsection (1).
	(3)	The chief executive must grant an exemption authorising a person to import, supply or store a chrysotile product if the chief executive is satisfied that—
	(a)	the import, supply or storage of the chrysotile product is for a use mentioned in table 161.1, column 2; and
	(b)	the use has been, or will be, authorised under an exemption; and
	(c)	the person has in place appropriate measures to control the risks resulting from the import, storage or supply of the chrysotile product; and
	(d)	the giving of the exemption is consistent with the object of this part.
	(4)	The chief executive must refuse to grant an exemption authorising a person to import, supply or store a chrysotile product if the chief executive is not satisfied about the matters mentioned in subsection (3).
	(5)	In making a decision under this section, the chief executive may have regard to the notes mentioned in the National Model Regulations for the Control of Workplace Hazardous Substances, schedule 2, approved by the National Occupational Health and Safety Commission under the National Occupational Health and Safety Commission Act 1985 (Cwlth), as in force on 31 December 2003.
163	Conditions of exemptions
	(1)	The chief executive may include conditions in an exemption to protect people against the risk of asbestos-related disease resulting from exposure to airborne asbestos fibres.
	(2)	An exemption is subject to—
	(a)	any conditions included in the exemption by the chief executive; and
	(b)	for an exemption that authorises a person to use a chrysotile product—the exemption stated in subsection (3).
	(3)	An exemption that authorises an exemption-holder to use a chrysotile product is subject to the condition that the exemption-holder tells the chief executive, in writing, as soon as possible after the exemption-holder becomes aware that the use authorised by the exemption is no longer essential to the exemption-holder’s activities.
164	Term of exemption
The chief executive may only grant an exemption for a period that ends on or before the date stated in table 161.1, column 4 that relates to the exemption.
165	Exemption not transferable
An exemption is not transferable.
166	Form of exemption
	(1)	An exemption must show the following information:
	(a)	the full name of the exemption-holder;
	(b)	the premises where a person is authorised to carry out activities under the exemption;
	(c)	the activities authorised by the exemption;
	(d)	any conditions included in the exemption by the chief executive;
	(e)	a unique identifying number; 
	(f)	when the exemption ends.
	(2)	If the exemption authorises a person to use a chrysotile product, the exemption must state the condition mentioned in section 163 (3).
	(3)	An exemption may also include any other information the chief executive considers appropriate.
167	Operation of an exemption
	(1)	An exemption begins on—
	(a)	the day it is granted; or
	(b)	if a later date is stated in the exemption—the later date.
	(2)	The chief executive must cancel an exemption if—
	(a)	satisfied that continuing the exemption would be inconsistent with the object of this part; or
	(b)	the exemption-holder asks the chief executive to cancel it.
168	Amendment of exemption on application of exemption-holder
	(1)	A exemption-holder may apply to the chief executive to amend the exemption.
Examples of amendments
1	to amend or revoke a condition included in the exemption by the chief executive 
2	to change the premises where activities may be carried out under the exemption 
Note 1	If a form is approved under the Act, s 222 for an application, the form must be used.
Note 2	A fee may be determined under the Act, s 221 for this section.
Note 3	An example is part of this 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 chief executive must amend the exemption if, assuming that the application to amend were an application under section 161 (Applications for exemptions for chrysotile products) for an exemption that included the proposed amendment, the chief executive would be required to grant the exemption.
	(3)	If subsection (2) does not apply, the chief executive must refuse the application to amend the exemption.
169	Cancellation of exemption or imposition etc of conditions on chief executive’s initiative
	(1)	This section applies to an exemption-holder if the chief executive proposes, on the chief executive’s own initiative, to do any of the following (the proposed action):
	(a)	cancel the exemption; 
	(b)	amend the exemption to impose a condition; 
	(c)	amend or revoke a condition included in the exemption by the chief executive.
	(2)	The chief executive must give the exemption-holder a written notice stating—
	(a)	the proposed action; and
	(b)	if the proposed action is to cancel the exemption—any action that the exemption-holder may take to avoid the cancellation of the exemption; and
	(c)	if the proposed action is to impose a condition—the proposed condition; and
	(d)	if the proposed action is to amend a condition—the condition as proposed to be amended; and
	(e)	an explanation for the proposed action; and
	(f)	that the exemption-holder may, within 14 days after the day the exemption-holder receives the notice, give a written response to the chief executive about the notice.
	(3)	In deciding whether to take the proposed action, the chief executive must consider any response given to the chief executive in accordance with the notice.
	(4)	If the chief executive is satisfied that a reasonable ground exists for taking the proposed action, the chief executive may take the proposed action.
	(5)	The chief executive must give the exemption-holder written notice of the chief executive’s decision.
	(6)	If the chief executive decides to take the proposed action, the chief executive’s decision takes effect 14 days after the day when notice of the decision is given to the exemption-holder or, if the notice states a later date of effect, that date.
	(7)	If the exemption is amended, the chief executive must, as soon as practicable after the exemption has been returned to the chief executive, amend the exemption or give the exemption-holder a replacement exemption showing the amendment.
170	Continuation of exemptions under former regulations
	(1)	An exemption (the former exemption) in force under the Dangerous Goods Regulations 1978, part 11 immediately before the commencement of the Act is taken to be an exemption granted under this regulation.
	(2)	The former exemption is subject to—
	(a)	any conditions stated in the former exemption; and
	(b)	the conditions (if any) as amended under the Dangerous Goods Regulations 1978 or this regulation; and
	(c)	any conditions imposed under this regulation.
	(3)	The term of the former exemption is taken to be the unexpired term of the former exemption before the commencement of the Act.
171	Expiry of div 3.4
	(1)	This division expires on 31 December 2007.
	(2)	Also, section 151, definitions of chrysotile product and exemption, and the dictionary definitions of those terms, expire on 31 December 2007.

Part 4	Administrative review of decisions
    
200	Reviewable decisions—Act, s 186 (b)
The decisions of the Minister, the chief executive or an inspector mentioned in schedule 1, column 3 are reviewable decisions.
201	Notice of reviewable decisions—Act, s 187 (1)
If the Minister, chief executive or inspector (the decision-maker) makes a reviewable decision, the decision-maker must give written notice of the decision to each person mentioned in schedule 1, column 4 in relation to the decision.
Note	For the giving of notice of a reviewable decision, see the code of practice under the Administrative Appeals Tribunal Act 1989, s 25B.
202	Internally reviewable decisions—Act, s 188 (1)
The decisions of an inspector mentioned in schedule 1, part 1.2 are internally reviewable decisions.
Note 1	For the giving of notice of an internally reviewable decision, see the code of practice under the Administrative Appeals Tribunal Act 1989, s 25B.
Note 2	A person may apply to the AAT for review of a decision made by an internal reviewer (see Act, s 191 (a)), including a decision under the Act, s 189 (1) (b) refusing to allow a longer period to make an application for internal review.

Schedule 1	Reviewable decisions
(see s 200)
Part 1.1	Chief executive—reviewable decisions under Act

column 1
item	column 2
provision	column 3
decision	column 4
person to be notified of decision	
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 1.2	Inspectors—internally reviewable decisions under Act

column 1
item	column 2
provision	column 3
decision	column 4
person to be notified of decision	
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 1.3	Chief executive—reviewable decisions under this regulation

column 1
item	column 2
provision	column 3
decision	column 4
person to be notified of decision	
1	162 (2) or (4)	refuse to grant exemption	applicant	
2	163 (1)	grant exemption subject to condition included by chief executive	applicant	
3	168 (2)	refuse to amend exemption	exemption-holder	
4	169	cancel exemption	exemption-holder	
5	169	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:
·	AAT
·	chief executive (see s 163)
·	fail
·	Minister (see s 162)
·	penalty unit (see s 133)
·	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))
·	compliance agreement (see s 94 (2))
·	dispose
·	enforceable undertaking (see s 122)
·	handle (see s 11)
·	import
·	improvement notice (see s 100)
·	internally reviewable decision (see s 188 (1))
·	licence
·	plant
·	premises
·	prohibition notice (see s 109)
·	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.
asbestos, for part 3—see section 151.
asbestos product, for part 3—see section 151.
authorised activity, for asbestos or an asbestos product, for part 3—see section 152 (1).
authorised activity condition, for an authorised activity for asbestos or an asbestos product, for part 3—see section 152 (2).
chrysotile product, for part 3—see section 151.
correctly labelled, for asbestos or an asbestos product, for part 3—see section 154.
correctly packed, for asbestos or an asbestos product, for part 3—see section 153.
exemption, for part 3 (Asbestos and asbestos products)—see section 162. 

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

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

3	Legislation history
This regulation was originally the Dangerous Substances (General) Regulations 2004.  It was renamed under the Legislation Act 2001.
Dangerous Substances (General) Regulation 2004 SL2004-9
notified LR 2 April 2004
s 1, s 2 commenced 2 April 2004 (LA s 75 (1))
remainder commenced 5 April 2004 (s 2)
as amended by
Dangerous Substances (General) Amendment Regulations 2004 (No 1) SL2004-39
notified LR 30 August 2004
s 1, s 2 commenced 30 August 2004 (LA s 75 (1))
remainder commenced 31 August 2004 (s 2)
Dangerous Substances (General) Regulation 2004 SL2004-56 pt 6.3
notified LR 14 December 2004
s 1, s 2 commenced 14 December 2004 (LA s 75 (1))
pt 6.3 commenced 15 December 2004 (s 2 (1))
as repealed by
Dangerous Substances (General) Regulation 2004 SL2004-56 pt 6.4
notified LR 14 December 2004
s 1, s 2 commenced 14 December 2004 (LA s 75 (1))
pt 6.4 commences 31 March 2005 (s 2 (2))
4	Amendment history
Name of regulation
s 1	am R5 LA
Commencement
s 2	om LA s 89 (4)
Licences
pt 2 hdg	exp 1 July 2005 (s 50 (3))
Term of licence—Act, s 54 (2)
s 50	exp 1 July 2005 (s 50 (3))
Definitions for pt 3
s 151	def chrysotile product exp 31 December 2007 (s 171 (1))
	def exemption exp 31 December 2007 (s 171 (1))
Authorised importation of asbestos and asbestos products—Act, s 75 (1) (b)
s 156	the words ‘(including a chrysotile product)’ in (1), (2) exp 31 December 2007 (s 156 (5))
	the words ‘(including chrysotile)’ in (3) exp 31 December 2007 (s 156 (5))
	(4), (5) exp 31 December 2007 (s 156 (5))
Authorised supply of asbestos and asbestos products—Act, s 76 (1) (b) and (3) (b)
s 157	the words ‘(including a chrysotile product)’ in (1), (2) exp 31 December 2007 (s 157 (5))
	the words ‘(including chrysotile)’ in (3) exp 31 December 2007 (s 157 (5))
	(4), (5) exp 31 December 2007 (s 157 (5))
Authorised possession of asbestos and asbestos products—Act, s 77 (1) (b)
s 158	the words ‘(including a chrysotile product)’ in (1), (2) exp 31 December 2007 (s 158 (4))
	the words ‘(including chrysotile)’ in (3) exp 31 December 2007 (s 158 (4))
	(4) exp 31 December 2007 (s 158 (4))
Storage of asbestos and asbestos products—Act, s 78 (1) (a)
s 159	(3), (4) exp 31 December 2007 (s 159 (4))
Authorised use of asbestos and asbestos products—Act, s 79 (1) (b)
s 160	the words ‘(including a chrysotile product)’ in (1), (2) exp 31 December 2007 (s 160 (5))
	the words ‘(including chrysotile)’ in (3) exp 31 December 2007 (s 160 (5))
	(4), (5) exp 31 December 2007 (s 160 (5))
Chrysotile product exemptions
div 3.4 hdg	exp 31 December 2007 (s 171 (1))
Applications for exemptions for chrysotile products
s 161	(4) and table 161.1, item 2 exp 31 December 2004 (s 161 (4))
	(5) and table 161.1, items 1 and 4 exp 31 December 2006 (s 161 (5))
	exp 31 December 2007 (s 171 (1))
Decision on application for exemption
s 162	exp 31 December 2007 (s 171 (1))
Conditions of exemptions
s 163	exp 31 December 2007 (s 171 (1))
Term of exemption
s 164	exp 31 December 2007 (s 171 (1))
Exemption not transferable
s 165	exp 31 December 2007 (s 171 (1))
Form of exemption
s 166	exp 31 December 2007 (s 171 (1))
Operation of an exemption
s 167	exp 31 December 2007 (s 171 (1))
Amendment of exemption on application of exemption-holder
s 168	exp 31 December 2007 (s 171 (1))
Cancellation of exemption or imposition etc of conditions on chief executive’s initiative
s 169	exp 31 December 2007 (s 171 (1))
Continuation of exemptions under former regulation
s 170	exp 31 December 2007 (s 171 (1))
Expiry of div 3.4
s 171	exp 31 December 2007 (s 171 (1))
Modification of Act, ch 14
pt 5 hdg	om SL2004-56 s 605
Act modified—pt 5
s 250	am SL2004-39 s 4
	om SL2004-56 s 605
Section 226 (3)
s 251	sub SL2004-39 s 5
	om SL2004-56 s 605
Section 226 (5), definition of former explosives licence
s 252	om SL2004-39 s 5
New section 226C
s 253	in part (s 226A) exp 15 May 2004 (s 226A (5))
	in part (s 226B) exp 15 May 2004 (s 226B (5))
	in part (s 226C) exp 1 September 2004 (s 226C (5))
Expiry—pt 5
s 254	ins SL2004-39 s 6
	om SL2004-56 s 605
Dictionary
dict	def chrysotile product exp 31 December 2007 (s 171 (1))
	def exemption exp 31 December 2007 (s 171 (1))

5	Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.  
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Except for the footer, electronic and printed versions of an authorised republication are identical. 

Republication No and date	Effective	Last amendment made by	Republication for	
R1
5 Apr 2004	5 Apr 2004–
15 May 2004	not amended	new regulation	
R2
16 May 2004	16 May 2004–
30 Aug 2004	not amended	commenced expiry	
R3
31 Aug 2004	31 Aug 2004–
1 Sept 2004	SL2004-39	amendments by SL2004-39	
R4
2 Sept 2004	2 Sept 2004–
31 Oct 2004	SL2004-39	commenced expiry	
R5
1 Nov 2004	1 Nov 2004–
14 Dec 2004	SL2004-39	editorial amendments under Legislation Act	

©  Australian Capital Territory 2004