Sale of Hazardous Goods Act 1977
An Act to prohibit or regulate the sale of products likely to give rise to danger
[Royal Assent 21 September 1977]
Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:
This Act may be cited as the Sale of Hazardous Goods Act 1977 .
(1) In this Act, unless the contrary intention appears –Committee means the Products Safety Committee established under this Act;products include any article, materials, or other goods;sell includes offering or exposing for sale, and having in possession for the purpose of sale.(2) For the purposes of this Act a product shall be deemed to be a source of danger if its possession, use, or handling gives rise to substantial risk of injury to, or danger to the health of, any person.
3. The Products Safety Committee
(1) There shall be established a committee to be known as the Products Safety Committee.(2) [Section 3 Subsection (2) amended by No. 53 of 1988, s. 27 and Sched. 4 ]The Committee shall consist of three members, of whom –(a) [Section 3 Subsection (2) amended by No. 17 of 1996, Applied:24 Jan 2002] one shall be the Director of Consumer Affairs and Fair Trading; and(b) one shall be the Director of Public Health; and(c) one shall be a person appointed by the Minister.(3) The member of the Committee appointed by the Minister shall hold office under the terms of his instrument of appointment but may resign his office by notice in writing to the Minister.(4) [Section 3 Subsection (4) amended by No. 53 of 1988, s. 27 and Sched. 4 ][Section 3 Subsection (4) amended by No. 17 of 1996, Applied:24 Jan 2002] The Director of Consumer Affairs and Fair Trading and the Director of Public Health may each authorize some other person to act in his stead as a member of the Committee, and anything done in pursuance of that authority has the like effect as if it were done by the person by whom the authority was given.(5) [Section 3 Subsection (5) amended by No. 53 of 1988, s. 27 and Sched. 4 ][Section 3 Subsection (5) amended by No. 17 of 1996, Applied:24 Jan 2002] The Director of Consumer Affairs and Fair Trading shall be chairman of the Committee.(6) The chairman of the Committee, or the person acting in his stead under subsection (4) , shall preside at meetings of the Committee, except that if at any meeting neither is present, such one of the other members present as they choose shall preside at the meeting.(7) Two members of the Committee shall constitute a quorum at any meeting of the Committee, and a decision agreed upon at a meeting of the Committee by any two members thereof shall be taken as a decision of the Committee.(8) Subject to this Act, the Committee may regulate its own proceedings.(9) [Section 3 Subsection (9) amended by No. 29 of 1984, s. 3 and Sched. 1 ][Section 3 Subsection (9) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] The Minister may pay to members of the Committee, or persons acting as members of the Committee, such remuneration and allowances as the Governor may approve, but a State Service officer or State Service employee is not to be paid any remuneration or allowances under this section, except allowances in respect of travelling in the carrying out of his functions as a member of the Committee.
[Section 4 Amended by No. 53 of 1988, s. 27 and Sched. 4 ][Section 4 Amended by No. 17 of 1996, Applied:24 Jan 2002] The Director of Consumer Affairs and Fair Trading may make arrangements for providing the Committee with such assistance and accommodation as it may require.
(1) Where –(a) the Minister advises the Committee that he is of the opinion that; or(b) it appears to the Committee that –any product that is being sold, or is likely to be available for sale, may be a source of danger, it is the duty of the Committee –(c) to carry out, or cause to be carried out, such investigations, testing, or other action as it considers desirable to establish whether the danger exists or is likely to arise and if so, its nature; and(d) to advise the Minister of any action that it considers should be taken (whether under this Act or otherwise) in connection with the product.(2) Without limiting the generality of subsection (1) , the Committee, in carrying out its duty under that subsection in respect of any product, may have regard to all or any of the following matters:(a) [Section 5 Subsection (2) amended by No. 17 of 1996, Applied:24 Jan 2002] the inherent character of the product;(b) [Section 5 Subsection (2) amended by No. 17 of 1996, Applied:24 Jan 2002] the components making up that product;(c) [Section 5 Subsection (2) amended by No. 17 of 1996, Applied:24 Jan 2002] the manner of construction of the product;(d) [Section 5 Subsection (2) amended by No. 17 of 1996, Applied:24 Jan 2002] any use for which the product was designed or to which it can reasonably be put.
6. Notice by wholesalers of hazardous products
(1) [Section 6 Subsection (1) amended by No. 43 of 1991, s. 5 and Sched. 1 ]Where, for the purpose of its sale by wholesale, a person has in his possession a product that is likely to be a source of danger, he shall as soon as practicable give notice to the Committee of the fact that he has the product in his possession.Penalty: Fine not exceeding 50 penalty units.(2) It is a defence to proceedings for an offence under subsection (1) for the defendant to show that, at the time the offence is alleged to have been committed, he was not aware, and could not reasonably be expected to be aware, that the product was likely to be a source of danger.(3) [Section 6 Subsection (3) amended by No. 43 of 1991, s. 5 and Sched. 1 ]Where in respect of any product a notice has been given under subsection (1) the person by whom the notice is given shall not, within the period of 28 days beginning on the day on which the notice is given, sell the product without the approval of the Committee.Penalty: Fine not exceeding 50 penalty units.(4) Subsection (3) shall not be construed as preventing a person retaining possession of any products that he had at the time the notice was served so long as they are not removed without the approval of the Committee from the place in which they are being kept.(5) Subsection (3) ceases to apply to a product when a notice in respect of that product is published or served under section 7 or an order is made in respect of the product under section 8 .(6) A notice under this section may be given by sending it by post addressed to the Committee, or its chairman or secretary, or by delivering it so addressed to some person apparently employed at the offices of the Committee.(7) The Minister may, by order, exempt any class of persons or class of products from the operation of this section.
7. Notices to prevent sale of hazardous products pending investigation
(1) Where it appears to the Minister that a product that is being sold, or is likely to be available for sale, may be a source of danger and that the risk of that danger is so substantial that the product should not be sold until an investigation is carried out under section 5 , he may –(a) by notice published in a local newspaper circulating in the State, prohibit the sale of that product or place restrictions or conditions on its sale; or(b) by notice served on any person, prohibit that person from selling that product or require him to comply with specified restrictions or conditions in relation to its sale.(2) A notice published under subsection (1) (a) may be rescinded or varied by a notice published in a local newspaper circulating in the State, and a notice served on any person under subsection (1) (b) may be rescinded or varied by a subsequent notice served on him.(3) A notice required to be served on any person under this section may be so served –(a) [Section 7 Subsection (3) amended by No. 17 of 1996, Applied:24 Jan 2002] by delivering it to him personally; or(b) by leaving it addressed to him at his usual or last-known place of abode or business with a person apparently not less than 18 years' old who apparently is residing or employed at that place; or(c) by sending it by certified mail addressed to him at his usual or last-known place of abode or business.(4) [Section 7 Subsection (4) amended by No. 43 of 1991, s. 5 and Sched. 1 ]Any person who –is guilty of an offence and liable to a fine not exceeding 50 penalty units.(a) contravenes a notice published under this section; or(b) contravenes a notice served on him under this section –
8. Orders prohibiting or restricting sale of hazardous goods
(1) Where the Committee is satisfied that a product is a source of danger it may as it considers it necessary or desirable in all the circumstances by order –(a) prohibit the sale of a product; or(b) place restrictions or conditions on its sale.(2) The Committee may at any time vary or revoke an order made under this section.(3) The Minister may by order declare that any order made by the Committee under this section is to be of no further effect and that order shall be of no further effect accordingly.(4) The Rules Publication Act 1953 applies to orders made under this section.
[Section 9 Substituted by No. 73 of 2001, Sched. 1, Applied:01 Jul 2002](1) A person who carries on business as a manufacturer or seller of any product affected by an order under section 8 may apply to the Magistrates Court (Administrative Appeals Division) for a review of the order.(2) For the purposes of the Magistrates Court (Administrative Appeals Division) Act 2001 , the date of publication of the notice in the Gazette that an order under section 8 has been made is taken to be the day on which the decision making the order is made.(3) Where the Magistrates Court (Administrative Appeals Division) sets aside an order under this section, the Court may specify the day that order is to cease to have effect, and in such a case the order does not cease to have effect until the date so specified unless it sooner ceases to have effect by virtue of any action taken under section 8 .(4) The Committee may make an order in accordance with any directions or recommendations of the Magistrates Court (Administrative Appeals Division) but, subject to the foregoing provisions of this subsection, section 8 applies to an order made under this subsection.
10. Offences for contraventions of orders
[Section 10 Amended by No. 43 of 1991, s. 5 and Sched. 1 ]A person who contravenes an order under section 8 or section 9 is guilty of an offence and liable to a fine not exceeding 50 penalty units.
11. Investigations of processes, &c.
(1) Where the Minister, upon the advice of the chairman of the Committee, is satisfied that for the purpose of facilitating the carrying out of an investigation into any product under this Act, it is necessary or desirable so to do, the Minister may, by an authority in writing under his hand, authorize a person to enter upon any premises specified in the authority and inspect or view any process or activity so specified that is carried on on those premises and to impound or retain the product described in the authority.(2) An authority under subsection (1) shall specify the product in respect of the investigation of which the authority is issued.(3) [Section 11 Subsection (3) amended by No. 43 of 1991, s. 5 and Sched. 1 ]An occupier of any premises specified in an authority granted under subsection (1) , and any person for the time being apparently in charge of those premises or the process or activity so specified, who fails to take all such steps as are reasonably open to him to facilitate the exercise of the authority is guilty of an offence and liable to a fine not exceeding 50 penalty units.
12. Maintenance of secrecy by members and officers
[Section 12 Amended by No. 43 of 1991, s. 5 and Sched. 1 ]Except in the course of his duties under this Act, no person shall disclose any information obtained by him in the exercise of any powers conferred on him by, or by virtue of, his office or employment under, or for the purposes of, this Act.Penalty: Fine not exceeding 10 penalty units.
The Governor may make regulations for the purposes of this Act.