Dangerous Goods Safety (Security Risk Substances) Amendment Regulations 2013 (WA)
2 December 2013 GOVERNMENT GAZETTE, WA 5499
Western Australia
Dangerous Goods Safety (Security Risk
Substances) Amendment Regulations 2013
Contents
1. Citation
2. Commencement
3. Regulations amended
4. Regulation 3 amended
5. Regulation 5 amended
6. Regulation 6 replaced
6. Application of these regulations 2 7. Regulations 9, 10 and 11 replaced
9. Licence holder may authorise individuals
to have access to SRS 3
10. Licence holder to keep records as to
secure nominees 5 11.
Duties of secure nominee 6 8. Regulation 12 amended
9. Regulation 21 amended
10. Regulation 24 amended
11. Regulation 27 amended
12. Regulation 30 amended
13. Regulation 31 amended
14. Regulation 32 amended
15. Regulation 33 replaced
33. Body corporate and partnership to have qualified officer 16. Regulation 40 amended
17. Regulation 42 amended
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18. Regulation 46A amended
19. Regulation 46 replaced
46. Licence holder to notify Chief Officer of certain convictions and charges 20. Regulation 49 amended
21. Regulation 50 amended
2 December 2013 GOVERNMENT GAZETTE, WA 5501
Dangerous Goods Safety Act 2004
Dangerous Goods Safety (Security Risk
Substances) Amendment Regulations 2013
Made by the Governor in Executive Council.
1. Citation
These regulations are the Dangerous Goods Safety (Security
Risk Substances) Amendment Regulations 2013.
2. Commencement
These regulations come into operation as follows —
(a) regulations 1 and 2 — on the day on which these regulations are published in the Gazette;
(b) the rest of the regulations — on 1 January 2014.
3. Regulations amended
These regulations amend the Dangerous Goods Safety (Security
Risk Substances) Regulations 2007.
4. Regulation 3 amended
(1) In regulation 3 delete the definitions of: employee
secure employee(2) In regulation 3 insert in alphabetical order: secure nominee, of a licence holder, means an
individual who, under regulation 9, is authorised by the
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holder to have unsupervised access to an SRS in the
holder’s possession;
unsupervised access authorisation means an
authorisation given under regulation 9 by a licenceholder for an individual to have unsupervised access to
an SRS in the licence holder’s possession.
(3) In regulation 3 in the definition of unsupervised access delete “regulation 5(3).” and insert: regulation 5(3); 5. Regulation 5 amended
In regulation 5(2) and (3) delete “employee” and insert:
nominee
6. Regulation 6 replaced
Delete regulation 6 and insert:
6. Application of these regulations
(1) These regulations do not apply to or in respect of an
explosive.(2) These regulations do not apply to or in respect of an SRS if it is in the possession or under the control of —
(a) a DGO acting in the course of duty; or (b) a police officer acting in the course of duty; or
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(c) a member of the police force of another place who is in the State with the approval of the Commissioner of Police for the purposes of, or a purpose related to, law enforcement in this State, acting in the course of duty; or (d) an officer of the Commonwealth, or a defence force of the Commonwealth, acting in the course of duty; or (e) the air, military or naval force of another country that is in the State with the approval of the Commonwealth for the purposes of, or a purpose related to, the defence of the Commonwealth. 7. Regulations 9, 10 and 11 replaced
Delete regulations 9, 10 and 11 and insert:
9. Licence holder may authorise individuals to have access to SRS
(1) A licence holder may authorise an individual —
(a) to have unsupervised access; or (b) to have supervised access,
to an SRS in the licence holder’s possession, and may
cancel such an authorisation at any time.
(2)
A licence holder must not, under subregulation (1)(a), authorise an individual to have unsupervised access to an SRS unless the individual has a security clearance.
Penalty: a level 2 fine.
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(3) An authorisation given under subregulation (1)(a) by a
licence holder to an individual authorisingunsupervised access must — (a) be in writing; and
(b) state the following —
(i) the date on which the authorisation is given;
(ii) the name and residential address of the individual;
(iii) each type of SRS in the licence holder’s
possession to which the individual may
have unsupervised access;(iv) details about where and when the individual may have unsupervised access;
(v) each other condition imposed by the licence holder on the individual in relation to unsupervised access.
(4) An authorisation given under subregulation (1)(a) to an individual has no effect unless —
(a) it complies with subregulation (3); and (b)
the licence holder has a record that the individual has stated he or she understands the authorisation.
(5) If a secure nominee of a licence holder requests the
licence holder to do so, the holder must give the
nominee a copy of the unsupervised access
authorisation given by the holder to the nominee.Penalty: a level 3 fine. (6) An unsupervised access authorisation given to an
individual ceases to have effect if it is cancelled or the
individual ceases to have a security clearance.
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(7) A licence holder who, under subregulation (1)(b),
authorises an individual to have supervised access to an
SRS must ensure the individual is supervised whilehaving access to the SRS by — (a) the licence holder; or
(b)
a secure nominee of the licence holder acting in accordance with the unsupervised access authorisation given by the holder to the nominee.
Penalty: a level 3 fine.
10. Licence holder to keep records as to secure nominees
(1) A licence holder, for each individual who is a secure nominee of the licence holder, must keep —
(a) a proper record of the secure nominee; and (b)
a copy of each unsupervised access authorisation given by the holder to the nominee; and
(c) the record required by regulation 9(4)(b),
while the individual is a secure nominee of the licence
holder and for 2 years after the date on which theindividual ceases to be a secure nominee of the holder.
Penalty: a level 2 fine.
(2)
For the purpose of subregulation (1)(a), a proper record is not kept of a secure nominee unless a written record
is made of this information —
(a)
the name and residential address of the secure nominee;
(b)
the details of each valid security card held by the secure nominee under the Dangerous
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Goods Safety (Explosives) Regulations 2007
Part 3 while he or she is a secure nominee;
(c) if the secure nominee does not have such a security card but is a person referred to in the Dangerous Goods Safety (Explosives)
Regulations 2007 regulation 16(3) —
(i) the details of the written authorisation referred to in that subregulation; and
(ii) if the secure nominee’s usual place of
residence is in the State, the date on
which he or she took up such residence
in the State;
(d) if an unsupervised access authorisation given by the licence holder to the secure nominee is cancelled, the date on which it is cancelled. 11. Duties of secure nominee
(1) A secure nominee of a licence holder must comply
with each unsupervised access authorisation given by
the holder to the secure nominee.Penalty: a level 3 fine. (2) A secure nominee of a licence holder who is in
possession of an SRS, if asked by a DGO to do so,
must give the DGO the name and address of the holder.Penalty: a level 3 fine.
8. Regulation 12 amended
Delete regulation 12(2)(a) and insert:
(a) the person —
(i) is a secure nominee of the holder of a licence referred to in subregulation (1)
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that authorises the holder to possess the
SRS in the circumstances; and(ii) possesses the SRS in accordance with the unsupervised access authorisation given by the holder to the nominee;
or
9. Regulation 21 amended
Delete regulation 21(2)(a) and insert:
(a) the person —
(i) is a secure nominee of the holder of a licence referred to in subregulation (1) that authorises the holder to manufacture the SRS in the circumstances; and
(ii) with the unsupervised access
manufactures the SRS in accordance nominee;
or
10. Regulation 24 amended
Delete regulation 24(3)(a) and (b) and insert:
(a)
is a secure nominee of the holder of such a licence that authorises the holder to transport the SRS; and
(b)
transports the SRS in accordance with the unsupervised access authorisation given by the holder to the nominee.
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11. Regulation 27 amended
Delete regulation 27(2)(a) and insert:
(a) the person —
(i) is a secure nominee of the holder of a licence referred to in subregulation (1) that authorises the holder to supply the SRS in the circumstances; and
(ii) supplies the SRS in accordance with the unsupervised access authorisation given by the holder to the nominee;
or
12. Regulation 30 amended
(1) After regulation 30(1)(c) insert:
(da)
if the application is not accompanied by a certificate given under subregulation (5), a checking fee equal to the amount (if any)
required to be paid under paragraph (c); and
(2) Delete regulation 30(3) and insert:
(3) An application by a body corporate or a partnership
must be accompanied by proof of the incorporation of
the body or of the existence of the partnership.(3) After regulation 30(4) insert:
(5) In addition to any document that is required to
accompany the application, an application for a licence
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may be accompanied by a certificate that complies with
subregulation (6) and is signed by a person approvedby the Chief Officer.
(6) A certificate given by a person under subregulation (5) must certify that the person —
(a) has read the application; and (b) is satisfied the application complies with this regulation; and (c) if the application is accompanied by a document for the purposes of subregulation (3), is satisfied the document complies with that subregulation; and (d) if the application is accompanied by a security plan —
(i) has read the security plan; and
(ii) is satisfied the plan complies with regulation 31; and
(iii) unless the application is for an SRS fertiliser licence, has done an assessment of the risks referred to in regulation 31(2)(a) and is satisfied the applicant has taken or will take all reasonably practicable measures to minimise those risks in relation to the SRS to which the licence would relate;
and (e)
if the licence would relate to a site, is satisfied the site can be operated in accordance with these regulations.
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13. Regulation 31 amended
(1) In regulation 31(2) delete “A security” and insert: Unless this regulation says otherwise, a security (2) Delete regulation 31(5) and insert:
(5) A security plan for the purposes of an SRS fertiliser licence must include the following —
(a) the material listed in subregulation (2)(d) to (k); (b) such of the material required in a security plan under subregulation (3) or (4) as is relevant to the activities relating to any SRS that will be conducted by the holder of the licence.
14. Regulation 32 amended
(1) Delete regulation 32(6)(c). (2) Delete regulation 32(7)(d) and (e). 15. Regulation 33 replaced
Delete regulation 33 and insert:
33. Body corporate and partnership to have qualified officer
(1) In this regulation —
officer, of a body corporate or a partnership, means an individual who is concerned in the management of, or employed by, the body or partnership;
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qualified officer, of a body corporate or a partnership
that holds a licence, means an officer of the body or
partnership who —
(a) has reached 18 years of age; and (b)
is competent to keep any SRS possessed under the licence secure; and
(c)
has a security clearance that was issued within the previous 5 years.
(2) A body corporate or a partnership that holds a licence
must have one or more qualified officers.Penalty: a level 3 fine. (3) A body corporate or a partnership that holds a licence
must keep a proper record of at least one of its
qualified officers.Penalty: a level 3 fine. (4)
For the purpose of subregulation (3), a proper record is not kept of a qualified officer unless a written record is
made of this information — (a) the officer’s personal details;
(b) the officer’s date of birth; (c) the position the officer holds in the body corporate or partnership; (d) details of the security clearance held by the officer,
and is kept while the officer is, and for 2 years after the date on which the officer ceases to be, an officer of the body corporate or partnership.
(5) The Chief Officer at any time may direct an individual
who is recorded by a body corporate or a partnership
under subregulation (3) to demonstrate to the Chief
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Officer that he or she is competent to keep any SRS possessed under the licence secure.
(6) The power in subregulation (5) may be exercised
whether or not the individual is an officer of the body
corporate or partnership.(7) A person who does not comply with a direction given
under subregulation (5) commits an offence.Penalty: a level 3 fine.
16. Regulation 40 amended
(1) In regulation 40(1) delete the definition of amend and insert: amend, a licence, includes —
(a)
to amend the licence to delete the name of the holder of the licence and substitute another; and
(b)
to amend, include and remove a condition of the licence.
(2) After regulation 40(5) insert: (6A) Regulation 32, with any necessary changes, applies in
relation to dealing with an application to amend a
licence as if it were an application for a licence.(6B) Regulations 34 and 35, with any necessary changes,
apply in relation to amending a licence in the same way
as they apply to issuing a licence.
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17. Regulation 42 amended
(1) Delete regulation 42(1)(a) and insert: (a) either —
(i) the holder; or
(ii) an individual who, under regulation 33, is, and is recorded by the holder as, a qualified officer of the holder,
is charged in this State or elsewhere with a
relevant offence; or
(2) Delete regulation 42(2)(a) and insert: (a) either —
(i) the holder; or
(ii) an individual who, under regulation 33, is, and is recorded by the holder as, a qualified officer of the holder,
is convicted in this State or elsewhere of a
relevant offence; or
18. Regulation 46A amended
(1) In regulation 46A(3) after “fee” insert: (if any)
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(2) In regulation 46A(4) delete “equal to 10% of the fee.” and insert: of $35. 19. Regulation 46 replaced
Delete regulation 46 and insert:
46. Licence holder to notify Chief Officer of certain convictions and charges
If —
(a) the holder of a licence; or (b)
an individual who, under regulation 33, is, and is recorded by the holder as, a qualified officer of the holder,
is charged with or convicted of a relevant offence, in
this State or elsewhere, the holder must give the ChiefOfficer written notice of the fact as soon as practicable.
Penalty: a level 3 fine.
20. Regulation 49 amended
In regulation 49(2):
(a) in paragraph (c) delete “regulations.” and insert: regulations; or
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(b) after paragraph (c) insert:
(d) any certificate that may be given under these regulations. 21. Regulation 50 amended
Delete regulation 50(3) and insert:
(3)
If a body corporate or a partnership is the holder of a licence, each individual who, under regulation 33, is, and is recorded by the holder as, a qualified officer of the holder must ensure the security plan that relates to the licence is complied with by the body corporate or partnership.
R. KENNEDY, Clerk of the Executive Council.
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