Australian Capital Territory Numbered Acts

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DANGEROUS SUBSTANCES ACT 2004 (NO. 7 OF 2004) - SECT 10

Meaning of dangerous substance

    (1)     For this Act, a substance is a dangerous substance if it—

        (a)     can be classified as an explosive substance or explosive article under the Australian Explosives Code; or

        (b)     is listed in the Australian Explosives Code, appendix 1 or appendix 2; or

        (c)     can be classified as a dangerous good under the Australian Dangerous Goods Code; or

        (d)     is listed as a dangerous good or good too dangerous to be transported in the Australian Dangerous Goods Code, appendix 1, appendix 2 or appendix 5; or

        (e)     can be classified as a combustible liquid under Australian Standard 1940; or

        (f)     can be classified as a hazardous substance under the NOHSC approved criteria; or

        (g)     is listed as a hazardous substance under the NOHSC List of Designated Hazardous Substances; or

        (h)     is declared under the regulations to be a dangerous substance; or

              (i)     is declared in writing by the Minister to be a dangerous substance.

Note     For the meaning of substance , see the dictionary.

    (2)     A declaration under subsection (1) (i) is a disallowable instrument.

Note     A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.

    (3)     In this Act:

"Australian Dangerous Goods Code" means the Australian Code for the Transport of Dangerous Goods by Road and Rail , published by the Commonwealth.

"Australian Explosives Code" means the Australian Code for the Transport of Explosives by Road and Rail , published by the Commonwealth.

Australian Standard 1940 means Australian Standard 1940, The Storage and Handling of Flammable and Combustible Liquids .

"NOHSC approved criteria" means the Approved Criteria for Classifying Hazardous Substances approved by the National Occupational Health and Safety Commission under the National Occupational Health and Safety Commission Act 1985 (Cwlth).

"NOHSC List of Designated Hazardous Substances" means the List of Designated Hazardous Substances approved by the National Occupational Health and Safety Commission under the National Occupational Health and Safety Commission Act 1985 (Cwlth).

    (4)     For this Act, a reference to a document mentioned in subsection (3) is a reference to—

        (a)     the document as in effect at the commencement of this section; and

        (b)     if the document is amended after the commencement of this section, and an incorporated document notice under section 220 for the amendment is notified—the document as amended by the amendment; and

        (c)     if the document (or a replacement document mentioned in this paragraph) is replaced by another document after the commencement, and an incorporated document notice under section 220 for the replacement is notified—the replacement document; and

        (d)     if a replacement document mentioned in paragraph (c) is amended, and an incorporated document notice under section 220 for the amendment is notified—the replacement document as amended.

Note     For the meaning of notification , see Legislation Act, s 63

Example of replacement document

a new edition of an incorporated document published after the commencement of this section

Note     An example is part of the Act, 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).



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