An Act to amend the Occupational Health and Safety Act 2000 with respect to dangerous goods; to repeal the Dangerous Goods Act 1975; and for other purposes.
1 Name of Act
This Act is the Occupational Health and Safety Amendment (Dangerous Goods) Act 2003.
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
3 Amendment of Occupational Health and Safety Act 2000 No 40
The Occupational Health and Safety Act 2000 is amended as set out in Schedule 1.
4 Repeal of Dangerous Goods Act 1975 No 68 and associated regulation
The Dangerous Goods Act 1975 and the Dangerous Goods (General) Regulation 1999 are repealed.
5 Amendment of other Acts and instruments
The Acts and instruments specified in Schedule 2 are amended as set out in that Schedule.
Schedule 1 Amendment of Occupational Health and Safety Act 2000
(Section 3)
[1] Section 3 Objects
Omit section 3 (h). Insert instead:(h) to deal with the impact of particular classes or types of dangerous goods and plant at, and beyond, places of work.
[2] Section 4 Definitions
Omit paragraph (b) from the definition of associated occupational health and safety legislation.
[3] Section 135A
Insert after section 135:135A Dangerous goods—extension of Act(1) In this section:dangerous goods means:(a) substances or articles subject to a national standard declared by the National Occupational Health and Safety Commission under section 38 of the National Occupational Health and Safety Commission Act 1985 of the Commonwealth, and(b) any other substances or articles that are a risk to public safety.handling, in relation to dangerous goods, includes conveying, manufacturing, processing, possessing, using, preparing for use, treating, dispensing, packing, selling, offering for sale, supplying, transferring, loading and unloading, rendering harmless, abandoning, destroying and disposing of dangerous goods.storing includes storing as a bailee or in any other capacity.(2) The regulations may declare that specified dangerous goods (whether or not at a place of work) are dangerous goods to which this section applies. Any such declaration may provide that those substances or articles are not dangerous goods to which this section applies at premises that are not a place of work unless the quantity of those goods at those premises exceeds a minimum quantity prescribed by the regulations.(3) The following provisions of this Act extend to dangerous goods to which this section applies even though the goods are not at a place of work or are not for use at work:(a) Division 4 (Ancillary provisions) of Part 2,(b) Part 3 (Regulations) and Part 4 (Industry codes of practice),(c) Divisions 1, 2 and 4 of Part 5 (Investigations) and Part 6 (Investigation, improvement and prohibition notices).(4) For the purposes of the application of those provisions:(a) a reference to work includes a reference to storing or handling dangerous goods to which this section applies, and(b) a reference to a place of work includes a reference to the premises at or in which the dangerous goods to which this section applies are stored or handled, and(c) a reference to occupational health and safety (however expressed) includes a reference to public health and safety.(5) This section does not affect the application of this Act to dangerous goods apart from the operation of this section.
[4] Schedule 3 Savings, transitional and other provisions
Insert at the end of clause 1 (1):
Schedule 2 Amendment of Acts and instruments
(Section 5)
Regulation 2 Definitions
Omit the definition of dangerous goods in Regulation 2 (1).Insert instead:dangerous goods has the same meaning as in the Road and Rail Transport (Dangerous Goods) Act 1997.
Clause 39 Identification of pipelines
Omit “Dangerous Goods Act 1975”.Insert instead “Road and Rail Transport (Dangerous Goods) Act 1997”.
Clause 4 Definitions
Omit the definition of dangerous goods in clause 4 (1).Insert instead:dangerous goods has the same meaning as in the Road and Rail Transport (Dangerous Goods) Act 1997.
[1] Clause 5 Liquefied petroleum gas and natural gas prescribed as dangerous goods
Omit the clause.
[2] Clause 6 Regulation not to apply to certain gas installations
Omit “under the Gas Supply Act 1996” from clause 6 (a).
[3] Dictionary
Omit “the Dangerous Goods Act 1975” from the definition of the Act.Insert instead “the Gas Supply Act 1996”.
[1] Schedule 1 Paramount legislation
Omit “Dangerous Goods Act 1975”.
[2] Schedule 1
Insert in alphabetical order “Explosives Act 2003”.
[3] Schedule 2 Acts prohibiting or regulating the supply of goods
Omit “Dangerous Goods Act 1975”.
[4] Schedule 2
Insert in alphabetical order “Explosives Act 2003”.
[1] Schedule 1 Statutory provisions under which penalty notices issued
Omit “Dangerous Goods Act 1975, section 43A”.
[2] Schedule 1
Insert in appropriate order “Explosives Act 2003, section 34”.
Section 4 Definitions
Omit “Dangerous Goods Act 1975” from the definition of explosive in section 4 (1).Insert instead “Explosives Act 2003”.
Clause 108 Exemption relating to officers and employees of certain government agencies
Omit “Dangerous Goods Act 1975” from clause 108 (1).Insert instead “Explosives Act 2003”.
Schedule 4 Public offices
Omit the matter relating to the Chief Inspector of Dangerous Goods from Part 2.
[1] Section 77 Inspectors
Omit “administering section 31 of the Dangerous Goods Act 1975” from section 77 (1).
[2] Section 83 Regulations
Insert after section 83 (2) (g):(g1) autogas installations and the carrying out of autogas work,
[3] Schedule 2 Savings, transitional and other provisions
Insert at the end of the Schedule with appropriate Part and clause numbers:Part Provisions consequent on enactment of Occupational Health and Safety Amendment (Dangerous Goods) Act 2003Saving of regulation(1) The Dangerous Goods (Gas Installations) Regulation 1998 is taken to be a regulation made under this Act.(2) For the purposes of Part 3 of the Subordinate Legislation Act 1989, the Dangerous Goods (Gas Installations) Regulation 1998 is taken to have been published on the commencement of this clause.Saving of appointment of inspectorsA person appointed as an inspector under section 77 (1) of this Act and holding office as such immediately before the amendment of that section by the Occupational Health and Safety Amendment (Dangerous Goods) Act 2003 is taken to have been appointed to that office under that section as so amended.
[4] Dictionary
Insert in appropriate order:autogas installation means a system of pipes and associated equipment that forms part of a vehicle, vessel or machine and that is designed to convey liquefied petroleum gas or natural gas to an internal combustion engine that is installed in, or forms part of, the vehicle, vessel or machine.autogas work means work involved in:(a) the installation, alteration, extension or repair of an autogas installation, or(b) the connection of a gas cylinder to, or the disconnection of a gas cylinder from, an autogas installation.
Section 135 Proceedings for certain offences under other Acts
Omit section 135 (a).
Clause 9 “Relevant law” regulating gasfitting or plumbing work
Omit “Dangerous Goods Act 1975 (gas cylinders)” and “Dangerous Goods Regulation 1978” from clause 9 (a).
Schedule 2 Search warrants under other Acts
Omit “Dangerous Goods Act 1975, section 42”.
[1] Schedule 1 Licences to which Part 2 of Act applies
Omit all the matter relating to the Dangerous Goods Act 1975 and the Dangerous Goods (General) Regulation 1999.
[2] Schedule 1
Insert in appropriate order:section 11, explosives licence
Section 38 Regulations
Omit the definition of dangerous goods in section 38 (4).Insert instead:dangerous goods has the same meaning as in the Road and Rail Transport (Dangerous Goods) Act 1997.
[1] Clause 60 Manufacture of explosives
Omit “Dangerous Goods Act 1975” from clause 60 (2).Insert instead “Explosives Act 2003”.
[2] Clause 61 Storage of explosives
Omit “licensed under the Dangerous Goods Act 1975” from clause 61 (1) (a).Insert instead “in accordance with a licence under the Explosives Act 2003”.
Section 5 Definitions
Omit “Dangerous Goods Act 1975” from the definition of explosive in section 5 (1).Insert instead “Explosives Act 2003”.
Section 5 Application of Act
Omit “the Dangerous Goods Act 1975” from section 5 (1) (e).Insert instead “the Road and Rail Transport (Dangerous Goods) Act 1997”.
[1] Section 8 Interpretation
Omit “the Dangerous Goods Act 1975 or” from section 8 (3) (g) (i).
[2] Section 59 Definitions
Omit “the Dangerous Goods Act 1975, or” from the definition of prescribed officer in section 59 (1).Insert instead “the Explosives Act 2003 or the Occupational Health and Safety Act 2000, or”.
[3] Section 60 Application of this Division
Omit “the Dangerous Goods Act 1975 or” from section 60 (1) (b).
[1] Clause 59 Carriage of dangerous goods
Omit “the Dangerous Goods Act 1975 or” from the definition of dangerous goods in clause 59 (1).
[2] Dictionary
Omit “the Dangerous Goods Act 1975 or” from the definition of dangerous goods in Part 2.
[1] Clause 64 Proprietor’s authorities
Omit “and a licence under the Dangerous Goods Act 1975” from clause 64 (3).
[2] Clause 64 (4) (c) and (5)
Omit “or the Dangerous Goods Act 1975” wherever occurring.
Section 10 Definitions
Omit “section 42 of the Dangerous Goods Act 1975,” from the definition of search warrant.
Schedule 1 Persons exempt from requirement for permit
Omit “Dangerous Goods Act 1975” from clause 1.Insert instead “Explosives Act 2003”.