AustLII Tasmanian Numbered Acts

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DANGEROUS SUBSTANCES (SAFE HANDLING) ACT 2005 (NO. 50 OF 2005)

- Act 50 of 2005
- Royal Assent 1 December 2005

TABLE OF PROVISIONS

           Long Title

   PART 1 - Preliminary

   1.      Short title
   2.      Commencement
   3.      Interpretation
   4.      References to codes, &c.
   5.      Meaning of "dangerous substance"
   6.      Meaning of "dangerous goods"
   7.      Meaning of "combustible liquid"
   8.      Meaning of "chemical"
   9.      What constitutes the handling of dangerous substances?
   10.     Scope of Act
   11.     Act binds Crown
   12.     Inconsistencies, &c., with other Acts

   PART 2 - Safety Obligations Division 1 - Preliminary

   13.     Safety obligations
   14.     Achieving acceptable levels of risk
   15.     Discharge of obligations
   16.     Obligations may be owed in more than one capacity
   17.     Obligations are owed even if others also have them
   18.     How to discharge obligations if there are regulations or approved
           codes of practice
   19.     How to discharge obligations if there are no regulations or approved
           codes of practice

           Division 2 - Obligations of occupiers and others

   20.     Obligations of occupiers regarding risk reduction
   21.     Obligations of occupiers regarding emergency plans and procedures
   22.     Obligations of employees and other persons
   23.     Obligations of manufacturers, importers and suppliers of dangerous
           substances
   24.     Obligations of designers, manufacturers, importers, suppliers and
           installers of handling systems
   25.     Obligations of suppliers and installers regarding known hazards,
           &c.

           Division 3 - Defences

   26.     Defences for Division 1 or 2

   PART 3 - Codes of practice

   27.     Minister may approve codes of practice
   28.     Use of codes of practice in proceedings

   PART 4 - Major Hazard Facilities Division 1 - Classification of
   facilities as major hazard facilities

   29.     Meaning of "major hazard facility" and "possible major hazard
           facility"
   30.     Classification of facilities as major hazard facilities
   31.     Procedure for classifying facilities as major hazard facilities
   32.     Declassification of major hazard facilities

           Division 2 - Notification of possible major hazard facilities

   33.     Obligation of occupiers to notify Secretary of existing possible
           major hazard facilities
   34.     Obligation of occupiers to notify Secretary of new possible major
           hazard facilities
   35.     Obligation of occupiers to notify Secretary of certain upgrades of
           facilities
   36.     Obligation of occupiers to notify Secretary of modifications of major
           hazard facilities
   37.     Obligation of occupiers to give Secretary required information about
           possible major hazard facilities

           Division 3 - Other obligations of occupiers of major hazard
           facilities

   38.     Obligation of occupiers to carry out systematic risk assessments
   39.     Obligation of occupiers regarding emergency plans and procedures
   40.     Obligation of occupiers to consult about emergency plans and
           procedures
   41.     Obligation of occupiers regarding education and training
   42.     Obligation of occupiers regarding safety management systems
   43.     Obligation of occupiers to consult and give information about safety
           measures
   44.     Obligation of occupiers to give safety reports to Secretary
   45.     Obligation of occupiers to report, &c., dangerous substances
           emergencies
   46.     Obligation of occupiers to record dangerous situations

   PART 5 - Dangerous substances locations Division 1 - Identification
   of dangerous substances locations

   47.     Meaning of "dangerous substances location" and "large dangerous
           substances location"

           Division 2 - Notification of possible dangerous substances locations

   48.     Obligation of occupiers to notify Secretary of possible large
           dangerous substances locations
   49.     Obligation of occupiers to give Secretary required information about
           possible dangerous substances locations

           Division 3 - Other obligations of occupiers of dangerous substances
           locations

   50.     Obligation of occupiers regarding emergency plans and procedures
   51.     Obligation of occupiers regarding safety management systems
   52.     Obligation of occupiers to report, &c., dangerous substances
           emergencies
   53.     Obligation of occupiers to record dangerous situations

   PART 6 - Administration and enforcement Division 1 - Secretary

   54.     Powers of Secretary

           Division 2 - Authorised officers

   55.     Appointment of authorised officers
   56.     Powers of authorised officers
   57.     Identification of authorised officers
   58.     Delegation
   59.     General powers of inspection, &c., of authorised officers
   60.     Authorised officers may require names and addresses
   61.     Powers of authorised officers regarding suspected offences
   62.     Authorised officers to restore premises, &c., to original
           condition after inspections
   63.     Offence to obstruct, &c., authorised officers
   64.     Offence to fail to comply with authorised officer's directions
   65.     Self-incrimination no excuse

           Division 3 - Directions by authorised officers

   66.     Authorised officers may give directions
   67.     Procedure for giving directions
   68.     Directions to carry out risk assessments
   69.     Directions to reduce risks
   70.     Directions to review safety management systems
   71.     Directions to review systematic risk assessments
   72.     Directions to review emergency plans and procedures
   73.     Directions to review safety reports
   74.     Directions to stop and secure handling systems
   75.     Directions to suspend operations for unacceptable levels of risk
   76.     Directions to isolate sites
   77.     Directions for independent studies or audits
   78.     Offence not to comply with directions
   79.     Obligation of occupiers to make directions available for inspection
           by employees

           Division 4 - Preventative measures and other matters

   80.     Taking urgent direct action to prevent dangerous situations causing
           serious harm
   81.     Recovery of costs of government action

   PART 7 - Offence proceedings and related matters

   82.     Time limit for prosecuting offences
   83.     Authorised officers may prosecute offences
   84.     Analysts
   85.     Evidentiary matters
   86.     Responsibility for acts or omissions of representatives
   87.     Offences by bodies corporate
   88.     Recovery of investigation costs from convicted persons
   89.     Prohibiting convicted persons from involvement in handling of
           dangerous substances
   90.     Forfeiture

   PART 8 - Miscellaneous

   91.     Applications for review of decisions
   92.     False or misleading statements, &c.
   93.     Delegation of Minister's power to Secretary
   94.     Protection from liability
   95.     Assistance in emergencies or accidents
   96.     Status of Gazette notices
   97.     Service of documents
   98.     Regulations
   99.     Minister to notify adoption of codes, &c., by regulation
   100.    Administration of Act
           SCHEDULE 1

[ Note: This table has been automatically generated and may be incomplete. ]



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