South Australian Consolidated Acts

DANGEROUS SUBSTANCES ACT 1979 - SECT 2

2—Interpretation

        (1)         In this Act, unless the contrary intention appears—

"authorised officer" means a person appointed as an authorised officer under Part 2;

"Competent Authority" means a person, officer or authority appointed as a Competent Authority under Part 2;

"conveyance" in relation to a dangerous substance means movement of the dangerous substance whether by a craft, pipeline or other means, other than by a vehicle, and "convey" has a corresponding meaning;

"craft" means—

            (a)         an aircraft or vessel; or

            (b)         any other craft brought within the ambit of this definition by the regulations;

"dangerous goods" means—

            (a)         a substance or article declared by the regulations to be dangerous goods; or

            (b)         a substance or article determined by a Competent Authority in accordance with the regulations to be dangerous goods;

"dangerous situation" means a situation that is creating or likely to create—

            (a)         imminent risk to the health or safety of a person, or the safety of a person's property; or

            (b)         imminent risk of environmental harm;

"dangerous substance" means—

            (a)         dangerous goods; or

            (b)         any other substance or article that is toxic, corrosive, flammable or otherwise dangerous and declared by the regulations to be a dangerous substance;

"the Government Analyst" means the person appointed by the Governor to be the Government Analyst or any person for the time being acting in that office;

"plant" includes—

            (a)         any machine, engine, equipment, container or device;

            (b)         any component, fitting, pipe or accessory used in or in connection with any machine, engine, equipment, container or device;

"premises" means any land or any building or structure whether fixed or moveable;

"substance" means a solid, liquid or gas or any mixture of solids, liquids or gases;

"transport" in relation to dangerous goods encompasses any form of transport of dangerous goods by vehicle and includes—

            (a)         the packing, loading and unloading of the goods, and the transfer of the goods to or from a vehicle; and

            (b)         the marking of packages and unit loads containing dangerous goods, and the placarding of containers and vehicles in which dangerous goods are transported; and

            (c)         other matters incidental to their transport;

"unit load" has the meaning assigned by regulations under this Act;

"vehicle" means a vehicle that is used or capable of being used to transport any substance or article on land and includes—

            (a)         a trailer or caravan; and

            (b)         a locomotive, carriage, wagon or other vehicle that operates on a railway track; and

            (c)         anything attached to a vehicle,

but does not include a vehicle excluded from the ambit of this definition by the regulations.

        (2)         The circumstances where a person may be involved in the transport of dangerous goods include—

            (a)         by importing, or arranging for the importation of, dangerous goods into Australia; and

            (b)         by marking packages and unit loads containing dangerous goods for transport, and placarding containers and vehicles in which dangerous goods are transported; and

            (c)         by consigning dangerous goods for transport; and

            (d)         by loading dangerous goods into or onto a vehicle, or into a container that is to be put on a vehicle, for transport or unloading dangerous goods that have been transported; and

            (e)         by marshalling vehicles and separating dangerous goods; and

            (f)         by undertaking, or being responsible for, otherwise than as an employee or subcontractor, the transport of dangerous goods; and

            (g)         by providing emergency information in relation to the transport of dangerous goods; and

            (h)         by driving a vehicle carrying or transporting dangerous goods; and

                  (i)         by being the consignee of dangerous goods that are to be transported; and

            (j)         by being involved as a director, secretary or manager of a body corporate, or other person who takes part in the management of a body corporate, that takes part in an activity referred to above.

        (3)         The regulations may provide that the Acts Interpretation Act 1901 of the Commonwealth applies to the interpretation of a regulation or regulations, or a regulation, code, standard, rule or other document applied or adopted by the regulations, subject to any modification or exclusion prescribed by the regulations (and if a regulation is made under this subsection, then the Acts Interpretation Act 1915 does not apply to the interpretation of the relevant regulation, code, standard, rule or other document).