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Legislative Assembly for the ACT: 2003 Week 14 Hansard (11 December) . . Page.. 5229 ..
MS GALLAGHER (continuing):
The bill also makes provision for disciplinary action in cases where the licensee ceases to be a suitable person or contravenes the act. Specific licence offences relate to contravention of licence conditions, failure to return licences when required, pretending to hold a licence and allowing someone else to use a licence.
The regulation-making powers in the bill will also enable the establishment of a notification scheme for the storage of dangerous substances above prescribed-high-risk-threshold quantities through the creation of a register for monitoring locations and quantities. These provisions are essential to ensure the territory can manage these substances in the interests of workplace and public safety.
Chapter 5 of the bill establishes an additional set of offences relating to prohibited and controlled dangerous substances. These offences will ensure that the unauthorised handling of prohibited and controlled dangerous substances can be dealt with appropriately, given the potential risk to people, property and the environment associated with their handling.
Chapter 6 of the bill provides for measures to ensure people comply with their obligations. A wide range of enforcement tools are proposed, from voluntary compliance agreements, improvement and prohibition notices, to enforceable undertaking and court-issued injunctions.
Voluntary compliance agreements will enable people involved with the handling of dangerous substances to enter into cooperative agreements with inspectors in relation to the rectification of potentially dangerous situations. More powerful measures such as prohibition notices can be used in situations where it is necessary to stop certain activities in the face of immediate danger and risk of serious harm.
These compliance measures are intended to align with existing and proposed measures in the Occupational Health and Safety Act. Together, the two acts will form a comprehensive framework for regulating safety in workplaces and in all places where dangerous substances are handled.
Chapter 7 of the bill sets out general provisions dealing with enforcement powers, including the general powers of inspectors. These powers are necessary to ensure that inspectors are able to monitor compliance with the legislation. The powers provided for in the bill are similar to the powers of inspectors under other regulatory schemes.
Chapter 8 of the bill makes provision for the minister to make orders in response to serious emergencies and to be able to act promptly in doing so. These powers are essential to protect the public from a serious threat posed by a dangerous substance.
The handling and storage of explosives is a high-risk activity with potential for extremely serious accidents and threats to public safety. Explosives require a higher level of regulatory control than is generally needed for other dangerous substances. Explosives require a comprehensive licensing regime for all activities, including import, manufacture, storage, supply, use, transport and disposal.
New regulations for explosives are currently being prepared under the bill. I will be releasing an exposure draft of the proposed explosives regulations for public and
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