Western Australian Current Acts

DANGEROUS GOODS SAFETY ACT 2004

TABLE OF PROVISIONS

           Long Title

   PART 1 -- Preliminary  

   1.      Short title
            
   2.      Commencement
            
   3.      Terms used 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.     Terms used

           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.     Term used: JP
            
   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.     Liability of officers for offence by body corporate
            
   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, accused may be ordered to pay
            
   67.     Review of decisions under this Act

   PART 8 -- Miscellaneous  

   68.     Protection from liability for volunteers etc.
            
   68A.    Orders prohibiting possession of explosives
            
   69.     Review of Act
           SCHEDULE 1 -- Subjects for regulations