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Legislative Assembly for the ACT: 2003 Week 14 Hansard (11 December) . . Page.. 5228 ..

MS GALLAGHER (continuing):

The ACT already regulates the transport of dangerous goods other than explosives through the Commonwealth's Road Transport Reform (Dangerous Goods) Act 1995. The bill creates the framework for the regulation of the transport of explosives under the Australian explosives code.

The United Nations is nearing completion of the development of a single international classification of chemicals which will have long-term consequences for the regulation of dangerous goods and hazardous substances in Australia. The globally harmonised system of classification and labelling of chemicals will establish a common chemicals classification system and related set of hazard communication elements-labelling, symbols and safety information. The GHS does not distinguish between dangerous goods and hazardous substances.

The GHS, which has been developed over a long period, will be adopted internationally by all countries. Australia is working toward GHS implementation. This requires addressing the current overlaps and inconsistencies between the national dangerous goods and hazardous substances standards through their integration into a single chemicals framework. Currently in Australia dangerous goods and hazardous substances are regulated separately. Dangerous goods are classified according to a system established by the United Nations. Hazardous substances are classified according to a system established by the European Union. Many common chemicals are classified under both systems, leading to overlaps and inconsistencies in regulatory standards. For example, asbestos is both a dangerous good and a hazardous substance.

The bill I am introducing today will integrate the regulation of dangerous goods and hazardous substances. Following the lead of New Zealand, the ACT will be the first Australian jurisdiction to prepare itself for the adoption of the GHS. The Dangerous Substances Bill is focused on positive obligations in the form of safety duties and will align the new legislation with the ACT's Occupational Health and Safety Act.

Chapter 3 of the bill sets out the framework for safety duties in relation to dangerous substances. The bill establishes a general safety duty for everyone who handles dangerous substances whether in a commercial or private context. Further duties are specified for a range of commercial activities in relation to people in control of the handling of dangerous substances, the premises where dangerous substances are handled and the plant and systems for handling dangerous substances. The bill also places specific obligations on designated classes of people such as importers, manufacturers and suppliers of dangerous substances or the plant used in the handling of dangerous substances.

The bill provides that breaches of safety duties are serious offences. Penalties for breaches are scaled to reflect the seriousness of the breach and its actual or potential consequences.

Chapter 4 of the bill establishes a licensing framework for dangerous substance activity. It is essential that licensees are suitable persons to handle high-risk dangerous substances such as explosives. In considering licence applications, the chief executive will be able to consider an applicant's relevant knowledge, experience and training, and criminal record.

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