Western Australian Numbered Acts

DANGEROUS GOODS SAFETY ACT 2004 (NO. 7 OF 2004)

TABLE OF PROVISIONS

           Long Title
           Preamble

   PART 1 -- Preliminary  

   1.      Short title  
   2.      Commencement  
   3.      Interpretation and abbreviations  
   4.      Risk from dangerous goods, assessment of  
   5.      Unreasonable harm, assessment of  
   6.      Relationship with other laws  
   7.      Crown bound  

   PART 2 -- General duties as to dangerous goods  

   8.      Duty to minimise risk from dangerous goods  
   9.      Duty to report certain situations  
   10.     Safety management documents  
   11.     Unlicensed person involved with dangerous goods  
   12.     Unlicensed possession of dangerous goods  
   13.     Unregistered or unlicensed dangerous goods sites  
   14.     Unlicensed vehicle transporting dangerous goods  
   15.     Unlicensed driver transporting dangerous goods  
   16.     Transporting goods too dangerous to transport  
   17.     Aggravated offence, penalty for  

   PART 3 -- Regulations and codes of practice  

   18.     Regulations, general matters (Sch. 1)  
   19.     Regulations may adopt codes or legislation  
   20.     Codes of practice, approval of  

   PART 4 -- Exemptions  

   21.     Exemption may be granted by Minister  
   22.     Exemption may be granted by Chief Officer  
   23.     General provisions  
   24.     Conditions of an exemption, failing to comply with  

   PART 5 -- Administration  

           Division 1 -- Chief Dangerous Goods Officer  

   25.     Chief Dangerous Goods Officer, appointment and functions  
   26.     Chief Officer may delegate  

           Division 2 -- Dangerous goods officers  

   27.     Dangerous goods officers, appointment and extent of powers  
   28.     Identification cards  
   29.     Licences etc. under this Act not required  

           Division 3 -- General  

   30.     Minister may delegate  
   31.     Police officers’ powers and immunities  
   32.     Immunity from tortious liability  

   PART 6 -- Investigation and enforcement  

           Division 1 -- Preliminary  

   33.     Interpretation  

           Division 2 -- Investigative powers  

   34.     Obtaining identifying particulars  
   35.     Entering, inspecting and searching places  
   36.     Stopping, entering, searching and inspecting vehicles  
   37.     Seizing samples, evidence etc.  
   38.     Obtaining records  
   39.     Asking questions  
   40.     Restricting access to sites of dangerous goods incidents and dangerous situations  

           Division 3 -- Entry warrants  

   41.     Interpretation  
   42.     Applying for an entry warrant  
   43.     Applications, how they are to be made  
   44.     Issuing an entry warrant  
   45.     Effect of entry warrant  

           Division 4 -- Audits of dangerous goods sites  

   46.     Audit may be directed by Chief Officer  

           Division 5 -- Remedying dangerous and other situations  

   47.     Remediation notice  
   48.     Chief Officer may approve earlier or immediate compliance with remediation notice  
   49.     Contravention of remediation notice, action by DGO  
   50.     Dangerous situation, emergency remedial measures  
   51.     Recovering costs of government action  

           Division 6 -- General  

   52.     Directions, general matters  
   53.     Ancillary powers and duties  
   54.     Review by Chief Officer  
   55.     Offences  

   PART 7 -- Legal proceedings  

   56.     Infringement notices  
   57.     Prosecutions, who may commence  
   58.     Evidentiary matters  
   59.     Presumptions as to the contents of containers etc.  
   60.     Corporations or employers, conduct on behalf of  
   61.     Body corporate’s officers, liability of  
   62.     Defence of complying with code of practice  
   63.     Continuing offences, penalties for  
   64.     Forfeiture  
   65.     Prohibiting offender from involvement with dangerous goods  
   66.     Investigation costs, defendant may be ordered to pay  
   67.     Appeal against decisions under this Act  

   PART 8 -- Miscellaneous  

   68.     Protection from liability for volunteers etc.  
   69.     Review of Act  
   70.     Repeals and consequential amendments (Sch. 2)  
           SCHEDULE 1 -- Subjects for regulations  
           SCHEDULE 2 -- Repeals and consequential amendments  
           
[Assented to 10 June 2004]