Western Australian Consolidated Acts

DANGEROUS GOODS SAFETY ACT 2004 - SECT 5

5 .         Unreasonable harm, assessment of

        (1)         In this section —

        harm means —

            (a)         injury to, or harm to the health of, an individual; or

            (b)         damage or harm to property or the environment.

        (2)         For the purposes of references in this Act to unreasonable harm, harm from dangerous goods is capable of being reasonable if, and only if —

            (a)         it was foreseen, and caused intentionally, by the person who had the control or management of the goods at the time the harm occurred;

            (b)         it was caused by a lawful act; and

            (c)         in the case of harm to an individual or to property, it was caused with the consent of the individual or of the owner of the property, as the case may be.