Dangerous Substances (General) Regulation 2004 (ACT)
Dangerous Substances (General) Regulation 2004
SL2004-56
made under the
Dangerous Substances Act 2004
Republication No 31
Effective: 22 June 2023
Republication date: 22 June 2023
Last amendment made by A2023‑20
About this republication
The republished law
This is a republication of the Dangerous Substances (General) Regulation 2004, made under the Dangerous Substances Act 2004 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 22 June 2023. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 22 June 2023.
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">
authorised republications to which the Legislation Act 2001 applies
unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( For more information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).
Dangerous Substances (General) Regulation 2004
made under the
Dangerous Substances Act 2004
Contents
Page
Chapter 1 Preliminary
1 Name of regulation 2
3 Dictionary 2
4 Notes 2
6 Meaning of ensure 2
7Offences against regulation—application of Criminal Code etc 3
Chapter 3 Asbestos and asbestos containing material
Part 3.1 Important concepts
300 Object—ch 3 4
301 Meaning of asbestos containing material (ACM)—ch 3 4
Part 3.3 Asbestos management—non‑workplace premises
311 Application—pt 3.3 5
312 Removal of asbestos or ACM from premises 5
313 Asbestos removal control plan 5
314 Asbestos removal control plan to be kept and available 6
Part 3.5 Asbestos management—residential premises
337 Application—pt 3.5 8
338 Definitions—pt 3.5 8
339 Asbestos warning signs and display case—approval 8
340 Offence—asbestos warning signs 9
341 Requirements for asbestos contamination reports—Act, s 47J (1) (b) 9
342 Requirements for owners of affected residential premises—Act, s 47O (4) (b) 10
342A Requirements for people at affected residential premises—Act, s 47O (4) 11
343 Assessor must give copy of report to regulator and owner 12
344 Asbestos removalist must give copy of work report to regulator and owner 12
Chapter 4 Security sensitive substances
Part 4.1 Important concepts
400 Security sensitive substance—Act, s 10A 13
401 Security sensitive substance is controlled dangerous substance—Act, s 73 13
402 Definitions—ch 4 13
Part 4.2 Security sensitive substances—general duties
403 Loss or theft of security sensitive substances—reporting 15
Part 4.3 Security sensitive substances—general licence requirements
404 Suitable person to hold licence—Act, s 49 (1) (i) 16
405 Licence may only be issued for authorised purposes 16
Part 4.4 Manufacturing security sensitive substances
406 Meaning of manufacturing licence—ch 4 17
407 Authority to manufacture security sensitive substances 17
408 Person in control of manufacture—Act, s 17 (1) (e) 17
409 Manufacturing licence applications—Act, s 50 (2) 18
410 Manufacturing licence applications—security plans 18
411 Manufacturing licence conditions—Act, s 53 (2) (b) 19
412 Manufacturing licences—review of security plans 20
413 Manufacture records 21
Part 4.5 Importing security sensitive substances
414 Meaning of import licence—ch 4 22
415 Authority to import security sensitive substances 22
416 Person in control of import—Act, s 17 (1) (e) 22
417 Import licence applications—Act, s 50 (2) 23
418 Import licence conditions—Act, s 53 (2) (b) 23
419 Notice of import 24
420 Import records 25
Part 4.6 Carrying security sensitive substances
421 Carrying definitions—ch 4 26
422 Application of pt 4.6 26
423 Authority to carry security sensitive substances by road 27
424 Authority to carry security sensitive substances by rail 27
425 Engaging someone else to carry security sensitive substances 28
426 Person in control of carrying security sensitive substances—Act, s 17 (1) (e) 28
427 Carrying licence applications—Act, s 50 (2) 29
428 Carrying licence applications—security plans 30
429 Carrying licence conditions—Act, s 53 (2) (b) 30
430 Carrying licences—review of security plans 31
431 Route and time restrictions 32
Part 4.7 Storing security sensitive substances
432 Meaning of storage licence—ch 4 33
433 Authority to store security sensitive substances 33
434 Person in control of storing security sensitive substances—Act, s 17 (1) (e) 33
435 Storage licence applications—Act, s 50 (2) 34
436 Storage licence applications—security plans 34
437 Storage licence conditions—Act, s 53 (2) (b) 35
438 Storage licences—review of security plans 36
439 Storage records 36
Part 4.8 Supplying security sensitive substances
Division 4.8.1 Supply licences
440 Meaning of supply licence—ch 4 38
441 Authority to supply security sensitive substances 38
442 Person in control of supply—Act, s 17 (1) (e) 38
443 Supply licence applications—Act, s 50 (2) 39
444 Supply licence conditions—Act, s 53 (2) (b) 39
445 Supply only to authorised people 40
446 Supply records 41
Division 4.8.2 Advertising supply of security sensitive substances
447 False or misleading statements about authority to supply security sensitive substances 42
Part 4.9 Using security sensitive substances
448 Meaning of user licence—ch 4 44
449 Application of pt 4.9 44
450 Authority to use security sensitive substances 44
451 Person in control of use—Act, s 17 (1) (e) 45
452 User licence applications—Act, s 50 (2) 45
453 User licence conditions—Act, s 53 (2) (b) 46
454 Use of security sensitive substances—responsibilities of person in control 47
455 Use records 47
Part 4.10 Disposal of security sensitive substances
456 Meaning of dispose—pt 4.10 48
457 Application of pt 4.10 48
458 Authority to dispose of security sensitive substances 48
459 Conditions for disposal of security sensitive substances—Act, s 53 (2) (b) 49
460 Discarding security sensitive substances 49
461 Secure disposal of security sensitive substances—general rules 50
462 Secure disposal of security sensitive substances—inspector’s instructions 50
463 Disposal records 50
Chapter 5 Notification and review of decisions
500 Internally reviewable decisions—Act, s 186, def internally reviewable decision 52
501 Reviewable decisions—Act, s 186, def reviewable decision 52
502 Internally reviewable decisions—right of review and notice—Act, s 186A and s 187 (1) (a) 52
503 Reviewable decisions—right of review and notice—Act, s 190 and s 191 (1) (a) 52
Schedule 4 Security sensitive substances 53
4.1 Meaning of security sensitive ammonium nitrate—table 4.1 54
Schedule 5 Reviewable decisions 56
Part 5.1 Reviewable decisions under Act 56
Part 5.2 Internally reviewable decisions under Act 58
Part 5.3 Work health and safety commissioner—reviewable decisions under this regulation 60
Dictionary61
Endnotes
1 About the endnotes 66
2 Abbreviation key 66
3 Legislation history 67
4 Amendment history 71
5 Earlier republications 96
Dangerous Substances (General) Regulation 2004
made under the
Dangerous Substances Act 2004
Chapter 1Preliminary
Name of regulation
This regulation is the Dangerous Substances (General) Regulation 2004.
Dictionary
The dictionary at the end of this regulation is part of this regulation.
Note 1The dictionary at the end of this regulation defines certain terms used in this regulation, and includes references (signpost definitions) to other terms defined elsewhere.
For example, the signpost definition ‘asbestos-related work—see the Work Health and Safety Regulation 2011, dictionary.’ means that the term ‘asbestos-related work’ is defined in that dictionary and the definition applies to this regulation.
Note 2A definition in the dictionary (including a signpost definition) applies to the entire regulation unless the definition, or another provision of the regulation, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
Notes
A note included in this regulation is explanatory and is not part of this regulation.
NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
Meaning of ensure
(1)This section applies if a provision of this regulation requires a person to ensure that something is or is not done in relation to a dangerous substance.
(2)The requirement is satisfied if the person takes reasonable steps to eliminate the hazards, and eliminate or minimise the risks, that might result if the requirement were not met.
(3)Subsection (2) does not limit the ways in which the requirement may be satisfied.
NoteThe following terms are defined in the Act:
· hazard (see s 15 (1))
· risk (see s 15 (2))
· reasonable steps (see s 16).
Offences against regulation—application of Criminal Code etc
Other legislation applies in relation to offences against this regulation.
Note 1Criminal Code
The Criminal Code, ch 2 applies to all offences against this regulation (see Code, pt 2.1).
The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).
Note 2Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.
Chapter 3Asbestos and asbestos containing material
Part 3.1Important concepts
Object—ch 3
The object of this chapter is to protect people against the risk of asbestos-related disease resulting from exposure to airborne asbestos fibres.
Meaning of asbestos containing material (ACM)—ch 3
In this chapter:
asbestos containing material (ACM)—see the Work Health and Safety Regulation 2011, dictionary.
Part 3.3Asbestos management—non‑workplace premises
Application—pt 3.3
(1)This part applies to premises if—
(a)asbestos or asbestos containing material is being removed from the premises; and
(b)at the time the asbestos or asbestos containing material is being removed, the premises are not a workplace.
(2)However, this part does not apply to premises if the removal of asbestos or asbestos containing material is incidental to minor or routine maintenance work, or other minor work, at the premises.
(3)In this section:
workplace—see the Work Health and Safety Act 2011, section 8.
Removal of asbestos or ACM from premises
(1)A person must not remove asbestos or asbestos containing material from premises unless the person is a licensed asbestos removalist, licensed to remove the asbestos or asbestos containing material.
Maximum penalty: 30 penalty units.
(2)An offence against this section is a strict liability offence.
Asbestos removal control plan
(1)A licensed asbestos removalist must prepare an asbestos removal control plan for any licensed asbestos removal work the removalist is commissioned to undertake.
Maximum penalty: 30 penalty units.
(2)An asbestos removal control plan must include—
(a)details of how the asbestos removal will be carried out, including the method to be used and the tools, equipment and personal protective equipment to be used; and
(b)details of the asbestos to be removed, including the location, type and condition of the asbestos.
(3)The licensed asbestos removalist must give a copy of the asbestos removal control plan to the person who commissioned the licensed asbestos removal work.
Maximum penalty: 24 penalty units.
(4)An offence against this section is a strict liability offence.
Asbestos removal control plan to be kept and available
(1)Subject to subsection (2), a licensed asbestos removalist must ensure that a copy of the asbestos removal control plan prepared under section 313 is kept until the asbestos removal work to which it relates is completed.
Maximum penalty: 24 penalty units.
(2)If a notifiable incident occurs in connection with the asbestos removal work to which the asbestos removal control plan relates, the licensed asbestos removalist must keep the asbestos removal control plan for at least 2 years after the incident occurs.
Maximum penalty: 24 penalty units.
(3)The licensed asbestos removalist must ensure that, for the period for which the asbestos removal control plan must be kept under this section, a copy is—
(a)readily accessible to—
(i)the person who commissioned the licensed asbestos removal work; and
(ii)if the asbestos removal work is to be carried out in residential premises—the occupants of the premises; and
(b)available for inspection under the Act.
Maximum penalty: 24 penalty units.
(4)An offence against this section is a strict liability offence.
Part 3.5Asbestos management—residential premises
Application—pt 3.5
This part applies to affected residential premises.
Definitions—pt 3.5
In this part:
approved display case means a display case provided by the Territory for displaying a current asbestos contamination report at affected residential premises.
approved warning sign means a warning sign that complies with the standard approved under section 339 (1) (a).
contamination management plan—see section 341 (1) (c).
living areas, of premises, means all internal areas of the premises other than—
(a)the roof space, wall cavity or sub-floor area; and
(b)any shed, carport or other structure that is not attached to the main structure of the premises.
Asbestos warning signs and display case—approval
(1)The Minister may approve the following in relation to a warning sign about loose-fill asbestos insulation:
(a)the standard with which the warning sign must comply;
(b)the way, and the places (in addition to any places mentioned in a contamination management plan) where, the warning sign must be displayed.
(2)The Minister may approve the way, and the place where, the approved display case must be displayed at affected residential premises.
(3)An approval under this section is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act.
Offence—asbestos warning signs
(1)A person commits an offence if the person—
(a)is the owner of affected residential premises; and
(b)fails to ensure than an approved warning sign is displayed in the way and the places stated in the approval under section 339 (1) (b).
Maximum penalty: 30 penalty units.
(2)A person commits an offence if—
(a)the person is the owner or occupier of affected residential premises; and
(b)a warning sign displayed at the premises is removed from the place where it is displayed; and
(c)the person fails to ensure that the warning sign is replaced with an approved warning sign.
Maximum penalty: 30 penalty units.
Requirements for asbestos contamination reports—Act, s 47J (1) (b)
(1)An asbestos contamination report for affected residential premises must—
(a)identify the location, type and condition of—
(i)asbestos contamination in the living area of each affected building at the premises; and
(ii)any opening or crack through which asbestos contamination could enter the living area; and
(b)assess the risk—
(i)resulting from the asbestos contamination in the living area; and
(ii)that asbestos contamination may enter the living area; and
(c)include a plan that advises how the asbestos contamination should be managed (the contamination management plan); and
(d)where practicable, exclude photographs that show any personal effects of the owner or occupier of the premises.
(2)The contamination management plan must identify—
(a)work required to seal, lock or clean the living area; and
(b)any location at the premises where additional approved warning signs must be displayed.
Requirements for owners of affected residential premises—Act, s 47O (4) (b)
(1)The owner of affected residential premises must ensure that—
(a)a licensed asbestos removalist does the following in relation to the current asbestos contamination report for the premises, within 6 months after the inspection date for the report:
(i)any work required under the contamination management plan in the report to seal, lock or clean the living area of an affected building at the premises;
(ii)install all additional approved warning signs required under the contamination management plan in the report; and
(b)any other requirement in the contamination management plan in the report is complied with; and
(c)if an occupier of the premises is not the owner—a copy of the report is given to the occupier of the premises.
(2)The following information may be removed from a copy of the current asbestos contamination report before it is given to the occupier of the premises under subsection (1) (c) or before it is displayed under subsection (3) (b):
(a)information that identifies an individual;
(b)any contact details of an individual.
(3)The owner of affected residential premises must ensure that—
(a)an approved display case that has been provided by the Territory is situated at the premises in a way and place stated in the approval under section 339 (2); and
(b)a readable copy of the current asbestos contamination report for the premises is displayed in the case.
(4)In this section:
inspection date, for an asbestos contamination report, means the date the premises were last inspected by the licensed asbestos assessor for the purposes of preparing the report.
342ARequirements for people at affected residential premises—Act, s 47O (4)
A person at affected residential premises must not tamper, or attempt to tamper, with—
(a)work undertaken to seal, lock or clean the living area of an affected building at the premises; or
(b)an approved warning sign required under the contamination management plan for the premises; or
(c)an approved display case situated at the premises or a current asbestos contamination report displayed in the case.
Assessor must give copy of report to regulator and owner
A licensed asbestos assessor who prepares an asbestos contamination report for affected residential premises must give a copy of the report to—
(a)the regulator; and
(b)the owner of the premises.
Asbestos removalist must give copy of work report to regulator and owner
A licensed asbestos removalist who does work required under an asbestos contamination report for affected residential premises must—
(a)certify whether the work has been completed in accordance with the contamination management plan; and
(b)give the certification to—
(i)the regulator; and
(ii)the owner of the premises; and
(iii)the occupier of the premises.
NoteIf a form is approved under the Act, s 222 for this provision, the form must be used.
Chapter 4Security sensitive substances
Part 4.1Important concepts
Security sensitive substance—Act, s 10A
A substance mentioned in schedule 4, table 4.1, is prescribed.
Security sensitive substance is controlled dangerous substance—Act, s 73
A security sensitive substance is a controlled dangerous substance for the Act.
Definitions—ch 4
In this chapter:
adverse security assessment—see the Australian Security Intelligence Organisation Act 1979 (Cwlth), section 35.
close associate, of a person—see the Act, section 48.
qualified security assessment—see the Australian Security Intelligence Organisation Act 1979 (Cwlth), section 35.
security cleared responsible person—a person is a security cleared responsible person in relation to a security sensitive substance if—
(a)the person is a responsible person for the substance; and
(b)the person is an adult; and
(c)an adverse security assessment or qualified security assessment has not been given in relation to the person or a close associate of the person; and
(d)the person has not been convicted or found guilty in the ACT or elsewhere within the previous 5 years of an offence involving—
(i)a dangerous substance; or
(ii)a firearm; or
(iii)actual or threatened violence; or
(iv)fraud or dishonesty.
NoteThe Act, s 18 defines a responsible person for a dangerous substance (including a security sensitive substance) as a person in control of the 0handling of the substance, premises where the substance is handled, or plant or a system for handling the substance.
security plan, for a licence, means a security plan for handling a security sensitive substance under the licence—
(a)in the form required to be included in an application for the licence; and
(b)as amended from time to time under this chapter.
security risk assessment, in relation to the handling of a security sensitive substance, means a written assessment that identifies and assesses the security risks (external and internal) associated with the handling of the substance.
security sensitive substance—see section 400.
unsupervised access—a person has unsupervised access to a security sensitive substance if the person has access to the substance when not under the supervision of a person who—
(a)holds a licence for this chapter; or
(b)is a security cleared responsible person.
Part 4.2Security sensitive substances—general duties
Loss or theft of security sensitive substances—reporting
(1)A responsible person for a security sensitive substance, on becoming aware of an incident of theft or loss at premises where the substance is stored, must—
(a)without delay, tell the work health and safety commissioner and a police officer about the incident; and
(b)as soon as practicable, give a written report to the work health and safety commissioner setting out the details of the incident and describing the kind and amount of any security sensitive substances lost or stolen.
Maximum penalty: 30 penalty units.
Note 1Premises are defined in the Act, dict, to include land, structures and vehicles.
Note 2Responsible person, for a dangerous substance (including a security sensitive substance), is defined in the Act, s 18.
(2)An offence against this section is a strict liability offence.
(3)In this section:
incident of theft or loss, at premises, means—
(a)the theft or loss of a security sensitive substance from the premises; or
(b)a break-in at the premises; or
(c)an attempt to do something mentioned in paragraph (a) or (b).
Part 4.3Security sensitive substances—general licence requirements
Suitable person to hold licence—Act, s 49 (1) (i)
For the Act, the matters the work health and safety commissioner must have regard to in deciding whether a person is a suitable person to be issued with, or to continue to hold, a licence to handle a security sensitive substance include—
(a)whether an adverse security assessment or a qualified security assessment has been given in relation to—
(i)the person or a close associate of the person; or
(ii)if the person is a corporation—an officer of the corporation or a close associate of an officer of the corporation; and
(b)if the person is an individual—whether the person is an adult.
NoteAdditional criteria apply to the issue of licences (see Act, pt 4.2).
Licence may only be issued for authorised purposes
The work health and safety commissioner may only issue a licence authorising the handling of a security sensitive substance for an authorised purpose mentioned in schedule 4, table 4.1, column 3 for the substance.
Part 4.4Manufacturing security sensitive substances
Meaning of manufacturing licence—ch 4
In this chapter:
manufacturing licence means a licence issued for this part authorising the manufacture of a security sensitive substance.
Note 1Licences are issued under the Act (see Act, dict, def licence).
Note 2Manufacture is defined in the Act, dict.
Authority to manufacture security sensitive substances
A person is authorised to manufacture a security sensitive substance if the person—
(a)holds a manufacturing licence authorising the manufacture of the substance; or
(b)is an individual engaged (as an employee or contractor) to manufacture the substance under the supervision of a person who holds a manufacturing licence.
Note 1Licences are issued under the Act, ch 4 (Licences for dangerous substances). Security sensitive substances are dangerous substances.
Note 2A person who manufactures a security sensitive substance without authorisation may commit an offence against the Act, pt 5.1.
Person in control of manufacture—Act, s 17 (1) (e)
For the Act, the holder of a manufacturing licence is a person in control of all of the following in relation to the manufacture of a security sensitive substance under the licence:
(a)the handling of the substance;
(b)the premises where the substance is manufactured;
(c)any associated plant or system;
(d)any associated activity.
NoteThe Act, ch 3 (Safety duties for dangerous substances) imposes safety duties on a person in control of activities, plants, systems and premises relating to the handling of the dangerous substances.
Manufacturing licence applications—Act, s 50 (2)
An application for a manufacturing licence for a security sensitive substance must include the following:
(a)the name and address of, and copies of identification papers for—
(i)the applicant; and
(ii)anyone who is to be a responsible person for the substance;
(b)if the applicant is a corporation—the corporation’s ACN;
(c)the purpose of the manufacture;
(d)the address of the premises where the substance is to be manufactured;
(e)a security plan prepared in accordance with section 410;
(f)any information or documents required by a form for the application approved under the Act, section 222.
Manufacturing licence applications—security plans
(1)A security plan for the manufacture of a security sensitive substance must be based on a security risk assessment.
(2)The security plan must include the following:
(a)details of the production process to be used;
(b)details of the ingredients to be used and the source of any ingredient that is a dangerous substance;
(c)recording and reconciliation protocols;
(d)a system for recording—
(i)the name and licence details of a person who receives any of the security sensitive substance; and
(ii)the amount of the substance taken by the person;
(e)procedures for reporting any loss, theft or attempted theft of the security sensitive substance;
(f)any information or documents required by a form for the security plan approved under the Act, section 222.
Manufacturing licence conditions—Act, s 53 (2) (b)
The following conditions apply to a manufacturing licence for a security sensitive substance:
(a)the licensee must ensure that the substance is manufactured only for the purpose stated in the licence;
(b)the licensee must ensure that—
(i)the security plan for the licence is implemented; and
(ii)a copy of the plan is available for inspection at each premises used for manufacturing the substance under the licence;
(c)the licensee must ensure that no-one other than a security cleared responsible person named in the licence has unsupervised access to the substance;
(d)the licensee must apply to the work health and safety commissioner to amend the licence if the licensee proposes to—
(i)add someone to, or remove someone from, the licence as a security cleared responsible person; or
(ii)change the name stated in the licence of a security cleared responsible person;
NoteLicence amendments are made under the Act, s 58.
(e)the licensee must—
(i)comply with the obligations imposed on the licensee under this part; and
(ii)ensure that this part is complied with in relation to the manufacture of the substance under the licence.
Note 1A licence is also subject to any conditions included in the licence by the work health and safety commissioner (see Act, 53 (2) (a)).
Note 2A licensee who fails to comply with a condition of the licence may commit an offence against the Act, s 63 (Failure to comply with conditions of licence).
Manufacturing licences—review of security plans
The holder of a manufacturing licence for a security sensitive substance must—
(a)amend the security plan whenever necessary to ensure that it is kept up to date; and
(b)review the security plan (and make any necessary amendments) at least once every 5 years; and
(c)state on the security plan—
(i)the date it was prepared; and
(ii)if it has been amended—the last date it was amended; and
(iii)if it has been reviewed—the last date it was reviewed.
Manufacture records
(1)The holder of a manufacturing licence must, for each security sensitive substance manufactured under the licence, make a record of the manufacture that complies with subsection (2).
(2)The record must include the following:
(a)the name and classification of the substance;
(b)the quantity of the substance manufactured;
(c)the date of manufacture;
(d)a certificate of analysis for each batch;
(e)whether the substance was manufactured for immediate use or supply;
(f)if the substance is stored, details of storage, including the name and licence details for a person responsible for its storage;
(g)any information or documents required by a form for the record approved under the Act, section 222.
NoteThe licensee must make a record of the disposal under s 463.
(3)The holder of a manufacturing licence must keep a record made under this section of the manufacture of a security sensitive substance for at least 3 years after the day of manufacture, whether or not the licence continues in force.
Maximum penalty: 20 penalty units.
(4)An offence against this section is a strict liability offence.
Part 4.5Importing security sensitive substances
Meaning of import licence—ch 4
In this chapter:
import licence means a licence issued for this part authorising the import of a security sensitive substance.
Note 1Licences are issued under the Act (see Act, dict, def licence).
Note 2Import means import into the ACT (see Act, dict).
Authority to import security sensitive substances
A person is authorised to import a security sensitive substance if the person holds an import licence for the import of the substance.
Note 1Licences are issued under the Act, ch 4 (Licences for dangerous substances). Security sensitive substances are dangerous substances.
Note 2A person who imports a security sensitive substance without a licence may commit an offence against the Act, pt 5.1.
Person in control of import—Act, s 17 (1) (e)
For the Act, the holder of an import licence is a person in control of all of the following in relation to the import of a security sensitive substance under the licence:
(a)the handling of the substance;
(b)any premises where the substance is stored by the licensee after import;
(c)any associated plant or system;
(d)any associated activity.
NoteThe Act, ch 3 (Safety duties for dangerous substances) imposes safety duties on a person in control of activities, plants, systems and premises relating to the handling of the dangerous substances.
Import licence applications—Act, s 50 (2)
An application for an import licence for a security sensitive substance must include the following:
(a)the name and address of, and copies of identification papers for—
(i)the applicant; and
(ii)anyone who is to be a responsible person for the substance;
(b)if the applicant is a corporation—the corporation’s ACN;
(c)the purpose of the import;
(d)the address of the premises where the substance is to be stored;
(e)the name and classification of the substance;
(f)any information or documents required by a form for the application approved under the Act, section 222.
Import licence conditions—Act, s 53 (2) (b)
The following conditions apply to an import licence for a security sensitive substance:
(a)the licensee must import the substance only for the purpose stated in the licence;
(b)the licensee must ensure that no-one other than a security cleared responsible person named in the licence has unsupervised access to the substance;
(c)the licensee must apply to the work health and safety commissioner to amend the licence if the licensee proposes to—
(i)add someone to, or remove someone from, the licence as a security cleared responsible person; or
(ii)change the name stated in the licence of a security cleared responsible person;
NoteLicence amendments are made under the Act, s 58.
(d)the licensee must—
(i)comply with the obligations imposed on the licensee under this part; and
(ii)ensure that this part is complied with in relation to the import of the substance under the licence.
Note 1A licence is also subject to any conditions included in the licence by the work health and safety commissioner (see Act, 53 (2) (a)).
Note 2A licensee who fails to comply with a condition of the licence may commit an offence against the Act, s 63 (Failure to comply with conditions of licence).
Notice of import
(1)The holder of an import licence must give the work health and safety commissioner written notice of the licensee’s intention to import a security sensitive substance.
(2)The notice must be given no later than 2 business days before the day when the substance is to arrive in the ACT.
(3)The notice must include the following:
(a)the licensee’s licence details;
(b)the intended date of import of the substance;
(c)how the substance is to be carried into the ACT;
(d)the name, classification and quantity of the substance to be imported;
(e)contact and licence details for the person who is to receive the import;
(f)the address of the place where the substance is to be stored in the ACT;
(g)the name and licence details of the person who is to carry the substance into the ACT;
(h)any information or documents required by a form for the notice approved under the Act, section 222.
Import records
(1)The holder of an import licence must make a record of all security sensitive substances imported into the ACT under the licence.
(2)The holder of an import licence must keep a record made under this section of the import of a security sensitive substance for at least 3 years after the day of import, whether or not the licence continues in force.
Maximum penalty: 20 penalty units.
(3)An offence against this section is a strict liability offence.
Part 4.6Carrying security sensitive substances
NoteIf this part requires a security sensitive substance to be carried in a particular way, and a person carrying the security sensitive substance does not comply with the requirement, the person may commit an offence against the Act, s 80 (Unauthorised carrying of certain dangerous substances).
Carrying definitions—ch 4
In this chapter:
carrying licence means a licence issued for this part authorising the carrying of a security sensitive substance by road or rail.
Note 1Licences are issued under the Act (see Act, dict, def licence).
Note 2Carry (a dangerous substance) is defined in the Act, dict to mean the moving of the substance by any means.
interstate security sensitive substances carrying authority, in relation to a security sensitive substance carried by road or rail, means a written authority (however called—for example, a licence or permit) issued under a corresponding law that authorises the authority-holder to carry the substance by road or rail.
Application of pt 4.6
(1)This part applies to the carrying of security sensitive substances by road or rail.
(2)However, this part does not apply to—
(a)the carrying of a quantity of a security sensitive substance that is less than the exempt quantity mentioned in schedule 4, table 4.1, column 4 for the substance; or
(b)the carrying of a security sensitive substance by an inspector or police officer exercising a function under the Act.
Authority to carry security sensitive substances by road
(1)A person must not carry a security sensitive substance by road (in the ACT) unless—
(a)the person is authorised to carry the substance by road (in the ACT) under a carrying licence; or
(b)the person holds an interstate security sensitive substances carrying authority that authorises the person to carry the substance by road (in the ACT).
(2)A carrying licence that authorises the carrying of a security sensitive substance by road (in the ACT) authorises the carrying of the substance by—
(a)the licensee; or
(b)an individual engaged (as an employee or contractor) to carry the substance by road under the licensee’s supervision.
Note 1Carrying licences are issued under the Act, ch 4 (Licences for dangerous substances). Security sensitive substances are dangerous substances.
Note 2A person who carries a security sensitive substance without authorisation may commit an offence against the Act, pt 5.1.
Authority to carry security sensitive substances by rail
(1)A person must not carry a security sensitive substance by rail (in the ACT) unless—
(a)the person is authorised under a carrying licence to carry the security sensitive substance by rail (in the ACT); or
(b)the person is authorised under an interstate security sensitive substances carrying authority to carry the substance by rail (in the ACT or elsewhere).
(2)A carrying licence that authorises the carrying of a security sensitive substance by rail (in the ACT) authorises the carrying of the substance by—
(a)the licensee; or
(b)an individual engaged (as an employee or contractor) to carry the substance by rail under the licensee’s supervision.
Note 1Carrying licences are issued under the Act, ch 4 (Licences for dangerous substances). Security sensitive substances are dangerous substances.
Note 2A person who carries a security sensitive substance without authorisation may commit an offence against the Act, pt 5.1.
Engaging someone else to carry security sensitive substances
(1)A person must not engage someone else to carry a security sensitive substance by road or rail.
Maximum penalty: 30 penalty units.
(2)Subsection (1) does not apply if the person whose services are engaged is authorised under section 423 or section 424 to carry the substance.
(3)An offence against this section is a strict liability offence.
Person in control of carrying security sensitive substances—Act, s 17 (1) (e)
For the Act, the holder of a carrying licence is a person in control of all of the following in relation to the carrying of a security sensitive substance under the licence:
(a)the handling of the substance;
(b)any premises where the substance is stored by the licensee for carrying;
(c)any associated plant or system;
(d)any associated activity.
NoteThe Act, ch 3 (Safety duties for dangerous substances) imposes safety duties on a person in control of activities, plants, systems and premises relating to the handling of the dangerous substances.
Carrying licence applications—Act, s 50 (2)
An application for a carrying licence for a security sensitive substance must include the following:
(a)the name and address of, and copies of identification papers for—
(i)the applicant; and
(ii)anyone who is to be a responsible person for the substance;
(b)if the applicant is a corporation—the corporation’s ACN;
(c)the purpose of the carrying;
(d)details of each vehicle to be used for carrying the substance, including the following:
(i)make;
(ii)model;
(iii)year of manufacture;
(iv)registration number;
(v)engine number;
(vi)carrying capacity;
(vii)type of fuel;
(e)a security plan prepared in accordance with section 428 (Carrying licence applications—security plans);
(f)any information or documents required by a form for the application approved under the Act, section 222.
Carrying licence applications—security plans
(1)A security plan for carrying a security sensitive substance must be based on a security risk assessment.
(2)The security plan must include the following:
(a)details of the precautions to be taken to ensure the security sensitive substance is secure for the duration of the entire journey;
(b)procedures for working out routes for the transport of the security sensitive substance;
(c)recording and reconciliation protocols;
(d)procedures for reporting any loss, theft or attempted theft of the security sensitive substance;
(e)any information or documents required by a form for the security plan approved under the Act, section 222.
Carrying licence conditions—Act, s 53 (2) (b)
The following conditions apply to a carrying licence for a security sensitive substance:
(a)the licensee must ensure that the substance is carried only for the purpose stated in the licence;
(b)the licensee must ensure that—
(i)the security plan for the licence is implemented; and
(ii)a copy of the plan is available for inspection in each vehicle used for carrying the substance under the licence;
(c)the licensee must ensure that no-one other than a security cleared responsible person named in the licence has unsupervised access to the substance;
(d)the licensee must apply to the work health and safety commissioner to amend the licence if the licensee proposes to—
(i)add someone to, or remove someone from, the licence as a security cleared responsible person; or
(ii)change the name stated in the licence of a security cleared responsible person;
NoteLicence amendments are made under the Act, s 58.
(e)the licensee must—
(i)comply with the obligations imposed on the licensee under this part; and
(ii)ensure that this part is complied with in relation to the carrying of the substance under the licence.
Note 1A licence is also subject to any conditions included in the licence by the work health and safety commissioner (see Act, 53 (2) (a)).
Note 2A licensee who fails to comply with a condition of the licence may commit an offence against the Act, s 63 (Failure to comply with conditions of licence).
Carrying licences—review of security plans
The holder of a carrying licence for a security sensitive substance must—
(a)amend the security plan whenever necessary to ensure that it is kept up to date; and
(b)review the security plan (and make any necessary amendments) at least once every 5 years; and
(c)state on the security plan—
(i)the date it was prepared; and
(ii)if it has been amended—the last date it was amended; and
(iii)if it has been reviewed—the last date it was reviewed.
Route and time restrictions
(1)The work health and safety commissioner may, in writing, determine—
(a)routes by which, and times when, particular quantities of a security sensitive substance may be carried by road in the ACT; or
(b)routes by which, and times when, particular quantities of a security sensitive substance must not be carried by road in the ACT.
(2)A determination is a disallowable instrument.
NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
(3)If the work health and safety commissioner makes a determination in relation to a security sensitive substance, the substance must not be carried by road except in accordance with the determination.
Part 4.7Storing security sensitive substances
NoteIf this part requires a security sensitive substance to be stored in a particular way, and a person storing the substance does not comply with the requirement—
· the substance is not correctly stored for the Act, s 14 (1) (a)
· if the person is in control of the manufacture, import or supply of the substance, the person may commit an offence against the Act, pt 3.2 for contravention of s 26, s 27 or s 28
· in addition, the person may commit an offence against the Act, pt 5.1.
Meaning of storage licence—ch 4
In this chapter:
storage licence means a licence issued for this part authorising the storage of a security sensitive substance.
NoteLicences are issued under the Act (see Act, dict, def licence).
Authority to store security sensitive substances
A person must not store a security sensitive substance unless the person is authorised under a storage licence to store the substance.
Note 1Licences are issued under the Act, ch 4 (Licences for dangerous substances). Security sensitive substances are dangerous substances.
Note 2A person who stores a security sensitive substance without a licence may commit an offence against the Act, pt 5.1.
Person in control of storing security sensitive substances—Act, s 17 (1) (e)
For the Act, the holder of a storage licence is a person in control of all of the following in relation to the storage of a security sensitive substance under the licence:
(a)the handling of the substance;
(b)the premises where the substance is stored;
(c)any associated plant or system;
(d)any associated activity.
NoteThe Act, ch 3 (Safety duties for dangerous substances) imposes safety duties on a person in control of activities, plants, systems and premises relating to the handling of the dangerous substances. A security sensitive substance is a dangerous substance.
Storage licence applications—Act, s 50 (2)
An application for a storage licence for a security sensitive substance must include the following:
(a)the name and address of, and copies of identification papers for—
(i)the applicant; and
(ii)anyone who is to be a responsible person for the substance;
(b)if the applicant is a corporation—the corporation’s ACN;
(c)the purpose of the storage;
(d)the address of premises where the substance is to be stored;
(e)a security plan prepared in accordance with section 436 (Storage licence applications—security plans);
(f)any information or documents required by a form for the application approved under the Act, section 222.
Storage licence applications—security plans
(1)A security plan for storing a security sensitive substance must be based on a security risk assessment.
(2)The security plan must include the following:
(a)details of the precautions to be taken to ensure the premises where the substance is stored are secure;
(b)procedures for controlling access to the premises and to the substance;
(c)recording and reconciliation protocols;
(d)procedures for reporting any loss, theft or attempted theft of the security sensitive substance;
(e)any information or documents required by a form for the security plan approved under the Act, section 222.
Storage licence conditions—Act, s 53 (2) (b)
The following conditions apply to a storage licence for a security sensitive substance:
(a)the licensee must store the substance only for the purpose stated in the licence;
(b)the licensee must ensure that—
(i)the security plan for the licence is implemented; and
(ii)a copy of the plan is available for inspection at each premises used for storing the substance under the licence;
(c)the licensee must ensure that no-one other than a security cleared responsible person named in the licence has unsupervised access to the substance;
(d)the licensee must apply to the work health and safety commissioner to amend the licence if the licensee proposes to—
(i)add someone to, or remove someone from, the licence as a security cleared responsible person; or
(ii)change the name stated in the licence of a security cleared responsible person;
NoteLicence amendments are made under the Act, s 58.
(e)the licensee must—
(i)comply with the obligations imposed on the licensee under this part; and
(ii)ensure that this part is complied with in relation to the storage of the substance under the licence.
Note 1A licence is also subject to any conditions included in the licence by the work health and safety commissioner (see Act, 53 (2) (a)).
Note 2A licensee who fails to comply with a condition of the licence may commit an offence against the Act, s 63 (Failure to comply with conditions of licence).
Storage licences—review of security plans
The holder of a storage licence for a security sensitive substance must—
(a)amend the security plan whenever necessary to ensure that it is kept up to date; and
(b)review the security plan (and make any necessary amendments) at least once every 5 years; and
(c)state on the security plan—
(i)the date it was prepared; and
(ii)if it has been amended—the last date it was amended; and
(iii)if it has been reviewed—the last date it was reviewed.
Storage records
(1)The holder of a storage licence must, for each premises used for the storage of security sensitive substances under the licence—
(a)make a record of the storage of each security sensitive substance at the premises that complies with subsection (2); and
(b)while a security sensitive substance is stored at the premises under the licence, maintain an accurate inventory of all security sensitive substances stored at the premises.
(2)The record must include the following:
(a)the name and classification of the substance;
(b)the date of receipt;
(c)the name and licence details of the person (if any) from whom the substance was received;
(d)the date the security sensitive substance is removed from the premises;
(e)the reason for removal;
Examples of reasons
1 use
2 supply
3 disposal
(f)any information or documents required by a form for the record approved under the Act, section 222.
(3)The holder of a storage licence must keep a record made under this section of the storage of a security sensitive substance from the day it is stored until at least 3 years after the day the substance is removed from storage, whether or not the licence continues in force.
Maximum penalty: 20 penalty units.
(4)An offence against this section is a strict liability offence.
Part 4.8Supplying security sensitive substances
Division 4.8.1 Supply licences
Meaning of supply licence—ch 4
In this chapter:
supply licence means a licence issued for this part authorising the supply of a security sensitive substance.
Note 1Licences are issued under the Act (see Act, dict, def licence).
Note 2Supply is defined in the Act, dict.
Authority to supply security sensitive substances
A person is authorised to supply a security sensitive substance if the person holds a supply licence for the substance.
Note 1Licences are issued under the Act, ch 4 (Licences for dangerous substances). Security sensitive substances are dangerous substances.
Note 2A person who supplies a security sensitive substance without a licence may commit an offence against the Act, pt 5.1.
Person in control of supply—Act, s 17 (1) (e)
For the Act, the holder of a supply licence is a person in control of all of the following in relation to the supply of a security sensitive substance under the licence:
(a)the handling of the substance;
(b)the premises from which the substance is supplied;
(c)any associated plant or system;
(d)any associated activity.
NoteThe Act, ch 3 (Safety duties for dangerous substances) imposes safety duties on a person in control of activities, plants, systems and premises relating to the handling of the dangerous substances. A security sensitive substance is a dangerous substance.
Supply licence applications—Act, s 50 (2)
An application for a supply licence for a security sensitive substance must include the following:
(a)the name and address of, and copies of identification papers for—
(i)the applicant; and
(ii)anyone who is to be a responsible person for the substance;
(b)if the applicant is a corporation—the corporation’s ACN;
(c)the purpose of the supply;
(d)details of any licence authorising the storage of the substance at the premises from which the substance is to be supplied;
(e)procedures to ensure that the substance is only supplied to a person authorised to receive the substance;
(f)any information or documents required by a form for the application approved under the Act, section 222.
Supply licence conditions—Act, s 53 (2) (b)
The following conditions apply to a supply licence for a security sensitive substance:
(a)the licensee must supply the substance only for the purpose stated in the licence;
(b)the licensee must supply the substance only from premises where the substance is authorised to be stored under a licence;
(c)the licensee must ensure that no-one other than a security cleared responsible person named in the licence has unsupervised access to the substance;
(d)the licensee must apply to the work health and safety commissioner to amend the licence if the licensee proposes to—
(i)add someone to, or remove someone from, the licence as a security cleared responsible person; or
(ii)change the name stated in the licence of a security cleared responsible person;
NoteLicence amendments are made under the Act, s 58.
(e)the licensee must—
(i)comply with the obligations imposed on the licensee under this part; and
(ii)ensure that this part is complied with in relation to the supply of the substance under the licence.
Note 1A licence is also subject to any conditions included in the licence by the work health and safety commissioner (see Act, 53 (2) (a)).
Note 2A licensee who fails to comply with a condition of the licence may commit an offence against the Act, s 63 (Failure to comply with conditions of licence).
Supply only to authorised people
A security sensitive substance must not be supplied to a person unless—
(a)the person is authorised under a licence to receive the substance; and
(b)the person shows the supplier—
(i)the licence or a certified copy of it; and
(ii)identification papers for the person.
NoteThis requirement is a condition of a licence (see s 444 (e)). A licensee who fails to comply with a condition of the licence may commit an offence against the Act, s 63 (Failure to comply with conditions of licence).
Supply records
(1)The holder of a supply licence must, for each security sensitive substance supplied under the licence, make a record of the supply that complies with subsection (2).
(2)The record must include the following:
(a)the name and classification of the substance;
(b)the quantity of the substance supplied and how it was packaged;
Examples
1 30 kg supplied in 3 bags of 10kg
2 30 kg supplied in 1 bag of 30kg
3 20L supplied in the customer’s own container
(c)the date of supply;
(d)the name, address and telephone number of the person for whom the substance is supplied;
(e)the licence details shown to the supplier for section 445;
(f)the signature of the person taking delivery of the substance and, if that person is not the person for whom the substance is supplied, the name, address and telephone number of the person taking delivery;
(g)the proposed use of the substance;
(h)any information or documents required by a form for the record approved under the Act, section 222.
(3)The holder of a supply licence must keep a record made under this section of the supply of a security sensitive substance for at least 5 years after the day of supply, whether or not the licence continues in force.
Maximum penalty: 20 penalty units.
(4)An offence against this section is a strict liability offence.
Division 4.8.2 Advertising supply of security sensitive substances
False or misleading statements about authority to supply security sensitive substances
(1)A person commits an offence if—
(a)the person makes a statement (whether orally, in a document or in any other way); and
(b)the statement is about—
(i)the supply or possible supply of a security sensitive substance; or
(ii)the promotion in any way of the supply or use of a security sensitive substance; and
(c)the statement is about the availability of the security sensitive substance to members of the public; and
(d)the statement is false or misleading; and
(e)the person is reckless about whether the statement—
(i)is false or misleading; or
(ii)omits anything without which the statement is false or misleading; and
(f)the statement is made in the course of trade or commerce.
Maximum penalty: 30 penalty units.
(2)Absolute liability applies to subsection (1) (f).
(3)Subsection (1) (d) and (e) (i) do not apply if the statement is not false or misleading in a material particular.
(4)Subsection (1) (d) and (e) (ii) do not apply if the omission does not make the statement misleading in a material particular.
Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.
Republication No and date Effective Last amendment made by Republication for R1
15 Dec 200415 Dec 2004–
31 Dec 2004not amended new regulation R2
1 Jan 20051 Jan 2005–
30 Mar 2005not amended commenced expiry R3
31 Mar 200531 Mar 2005–
29 June 2005not amended commenced provisions R4
30 June 200530 June 2005–
1 July 2005not amended commenced provisions R5
2 July 20052 July 2005–
5 Apr 2006not amended commenced expiry R6
6 Apr 20066 Apr 2006–
31 Dec 2006not amended commenced expiry R7
1 Jan 20071 Jan 2007–
6 Sept 2007not amended commenced expiry R8
7 Sept 20077 Sept 2007–
17 Dec 2007SL2007‑23 amendments by SL2007‑23 R9
18 Dec 200718 Dec 2007–
1 Feb 2009SL2007‑38 amendments by SL2007‑38 R10
2 Feb 20092 Feb 2009–
30 Sept 2009A2008‑37 amendments by A2008‑37 R11
1 Oct 20091 Oct 2009–
16 Dec 2009A2009‑34 amendments by A2009‑28 R12
17 Dec 200917 Dec 2009–
1 Apr 2010A2009‑49 amendments by A2009‑49 R13 (RI)
6 Apr 20102 Apr 2010–
30 Nov 2010A2009‑49 amendments by A2009‑34
reissue for republication correctionR14
1 Dec 20101 Dec 2010–
31 Dec 2010A2010‑43 amendments by A2010‑43 R15
1 Jan 20111 Jan 2011–
1 Jan 2011A2010‑43 amendments by SL2004-56 and expiry of provisions (defs chrysotile product and exemption (s 301 and dict), s 309 (3), (4) and pt 3) R16
2 Jan 20112 Jan 2011–
16 Mar 2011A2010‑43 expiry of provisions (s 306 (4)-(6), s 307 (4)-(6), s 308 (4), (5) and s 310 (4)-(6) R17
17 Mar 201117 Mar 2011–
30 June 2011A2011‑10 amendments by A2011‑10 R18
1 July 20111 July 2011–
31 Dec 2011A2011‑22 amendments by A2011‑22 R19
1 Jan 20121 Jan 2012–
31 Aug 2014A2011‑55 amendments by A2011‑55 and expiry of provisions (s 325 (5)-(7), s 327 (5)‑(7)) R20
1 Sept 20141 Sept 2014–
31 Dec 2014SL2014‑19 amendments by SL2014‑19 R21
1 Jan 20151 Jan 2015–
14 May 2015SL2014‑32 amendments by SL2014‑19, A2014-53 and SL2014‑32 R22
15 May 201515 May 2015–
28 June 2015SL2015-10 amendments by SL2015-10 R23
29 June 201529 June 2015–
8 Dec 2015SL2015-10 amendments by A2015-6 R24
9 Dec 20159 Dec 2015–
31 Jan 2016A2015‑50 amendments by A2015‑50 R25
1 Feb 20161 Feb 2016–
20 June 2016A2015‑50 amendments by SL2015-13 and A2015-42 R26
21 June 201621 June 2016–
28 Aug 2016A2016‑33 amendments by A2016‑33 R27
29 Aug 201629 Aug 2016–
28 Mar 2018A2016‑33 amendments by A2016-7 R28
29 Mar 201829 Mar 2018–
29 Apr 2020A2018‑8 amendments by A2018‑8 R29
30 Apr 202030 Apr 2020–
30 June 2020A2019‑38 amendments by A2019‑38 R30
1 July 20201 July 2020–
21 June 2023A2020‑20 amendments by A2020‑20
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