Australian Capital Territory Current Acts

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DANGEROUS SUBSTANCES ACT 2004 - SECT 21

Person not relieved of duty because someone else also has same duty

    (1)     This section applies if 2 or more people have the same duty under this Act.

    (2)     To remove any doubt, each person must comply with the duty whether or not someone else may also be required to comply with the duty.

    (3)     However, if this Act requires or allows them to do something, it is sufficient if 1 of them does the thing.

Example

If 2 people are in control of premises where a dangerous substance is handled, it is sufficient if 1 of them prepares the safety management system required under section 31 (1). However, if the safety management system is not prepared, each of them is responsible for the failure to comply with the duty to ensure that the safety management system is prepared.



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