Restraining Orders Amendment Regulations (No. 2) 2020 (WA)

24 December 2020 GOVERNMENT GAZETTE, WA 4809

JU302

Restraining Orders Act 1997

Restraining Orders Amendment Regulations

(No. 2) 2020

SL 2020/258

Regulations 1997.

Made by the Governor in Executive Council.

1.       Citation

These regulations are the Restraining Orders Amendment
Regulations (No. 2) 2020.

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 2021.

3.      Regulations amended

These regulations amend the Restraining Orders

4810 GOVERNMENT GAZETTE, WA 24 December 2020

4.           Regulation 2A amended

In regulation 2A insert in alphabetical order:

Chief Dangerous Goods Officer means the person

designated as the Chief Dangerous Goods Officer
under the Dangerous Goods Safety Act 2004
section 25(2);

5.           Part 2A inserted

After regulation 5B insert:

Part 2A Explosives

5C. Terms used

In this Part —

explosives order means a restraining order that requires

the person bound by the order to give up possession of

any explosives or explosives licence.

5D. Giving up possession of explosives

(1)	This regulation applies when an explosives order is served on a restrained person who is in possession of an explosive or explosives licence.
(2)	The restrained person must give the explosive or explosives licence to the Chief Dangerous Goods Officer —

(a)	as soon as is reasonably practicable after the explosives order is served; and
(b)	in any event, within 36 hours, or any longer

period specified in the explosives order, after

the explosives order is served.

5E. Dealing with explosives surrendered (Act s. 14A) or

seized (Act s. 62E)

(1) An explosive or explosives licence given to the Chief
Dangerous Goods Officer under section 14A of the
Act, or seized under section 62E(1AA) of the Act, is to
be held in safe custody by the Chief Dangerous Goods
Officer until —

(a)	the requirement to give up possession of the explosive or explosives licence is removed from the explosives order; or
(b)	the explosives order ceases to be in force; or
(c)	the explosive or explosives licence may otherwise lawfully be disposed of.

24 December 2020 GOVERNMENT GAZETTE, WA 4811

(2)	Before returning an explosive or explosives licence, the Chief Dangerous Goods Officer must have regard to the matters referred to in the Dangerous Goods Safety
(Explosives) Regulations 2007 regulation 164 as if the
restrained person were an applicant for an explosives licence.
(3)	If an explosives licence which is being held by the Chief Dangerous Goods Officer has not been reclaimed within 1 month after an event referred to in subregulation (1)(a) or (b), the Chief Dangerous Goods Officer may regard the restrained person as having surrendered the explosives licence under the
Dangerous Goods Safety (Explosives)
Regulations 2007 regulation 170.

6.            Regulation 10A deleted

Delete regulation 10A.

7.             Regulation 14A amended

After regulation 14A(a) insert:

(aa) the Chief Dangerous Goods Officer;

N. HAGLEY, Clerk of the Executive Council.