Australian Capital Territory Numbered Acts

DANGEROUS SUBSTANCES ACT 2004 (NO. 7 OF 2004) - SECT 38

In this Act:

"dangerous occurrence" means any of the following at premises used to handle a dangerous substance:

        (a)     an incident causing or creating a substantial risk of—

              (i)     death or serious harm to a person, whether at the premises or elsewhere; or

              (ii)     substantial damage to property or the environment, whether at the premises or elsewhere;

        (b)     anything declared under the regulations to be a dangerous occurrence;

        (c)     any other incident involving a serious and immediate risk of anything mentioned in paragraph (a) or (b).

Examples of incidents

1     a spill or other loss of containment of a dangerous substance

2     an uncontrolled emission of a dangerous substance

3     a fire, explosion or release of energy

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).