Hazardous Substances and New Organisms Act 1996

3 Act to bind the Crown

(1)

Except as provided in subsections (2) to (8), this Act shall bind the Crown.

(2)

Subject to subsections (3) to (8), this Act shall not apply to any hazardous substance controlled by the Minister of Defence.

(3)

The Chief of Defence Force shall develop codes of practice for hazardous substances controlled by the Minister of Defence and contained in any weapons system.

(4)

The codes of practice developed under subsection (3)—

(a)

must—

(i)

be based on the relevant controls (including any group standard conditions) imposed by the Authority on hazardous substances that have been approved by the Authority (including a deemed approval under section 96E or section 160A) for any purpose under this Act; or

(ii)

meet the relevant requirements prescribed by regulations made in accordance with section 75; and

(b)

may incorporate or adapt any relevant international code of practice.

(5)

The Chief of Defence Force—

(a)

must ensure that methods of controlling all hazardous substances not contained in any weapons system and controlled by the Minister of Defence—

(i)

are based on the relevant controls (including any group standard conditions) imposed by the Authority on hazardous substances that have been approved by the Authority (including a deemed approval under section 96E or section 160A) for any purpose under this Act; or

(ii)

meet the relevant requirements prescribed by regulations made in accordance with section 75; and

(b)

may comply with the relevant requirements in paragraph (a) by following the relevant code of practice approved under section 79.

(6)

The Secretary of Defence shall audit the controls on hazardous substances under the control of the Minister of Defence in accordance with section 24(2)(e) of the Defence Act 1990, and report the results to the Minister and the Minister of Defence.

(7)

Any person may report to the Authority a breach of the requirements required to be met by any regulations in relation to hazardous substances under the control of the Minister of Defence.

(8)

Where an incident occurs which involves any hazardous substance under the control of the Minister of Defence and the incident is not being investigated under the Armed Forces Discipline Act 1971, the Authority may, after consultation with the Minister and the Minister of the Crown who is responsible for the Ministry of Justice, direct an inquiry to be held before a District Court Judge.

(9)

To assist the Judge, the Authority may appoint 2 or more people with skills or knowledge relevant to the subject matter of the inquiry.

(10)

The Judge may hold the inquiry at any times and places the Judge appoints, and shall report on the cause of the incident to the Authority.

(11)

The Judge has all the powers of a Commission of Inquiry under the Commissions of Inquiry Act 1908; and subject to subsections (9) and (10), that Act shall apply accordingly.

Section 3(4): substituted, on 22 December 2005, by section 4 of the Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 (2005 No 123).

Section 3(5): substituted, on 22 December 2005, by section 4 of the Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 (2005 No 123).

Section 3(8): amended, on 1 October 2003, by section 12(2) of the State Sector Amendment Act 2003 (2003 No 41).