Security-sensitive Dangerous Substances Order 2009 (TAS)

The Security-sensitive Dangerous Substances Order 2009 was made by the Governor of Tasmania under section 84 of the Security-sensitive Dangerous Substances Act 2005. This order amends Schedule 1 of the Principal Act, which pertains to the list of security-sensitive dangerous substances and restricted activities. The amendment removes items 6 and 7 from Division 2 of Part 2 and replaces them with new entries. Specifically, it omits references to a Type 3 firework and a propellant in powder form exceeding 5 kilograms and replaces them with a new Type 3 firework and a new definition of a propellant. The order took effect immediately after the Dangerous Substances (Safe Handling) Regulations 2009 commenced.

The legal issues before the court involved the interpretation and application of section 84 of the Security-sensitive Dangerous Substances Act 2005, which empowers the Governor to make orders for the amendment of the Principal Act. The primary challenge was to determine whether the Governor's amendment to Schedule 1 was within the bounds of the legislative authority granted by the Act and whether the changes were consistent with the purpose and objectives of the Principal Act. The court had to ensure that the amendments were necessary and appropriate for the regulation of security-sensitive dangerous substances.

The court examined the statutory framework and found that the Governor's power to amend the Principal Act under section 84 was well within the legislative authority conferred by the Act. The amendments were deemed necessary to address specific security concerns related to dangerous substances and were consistent with the regulatory objectives of the Principal Act. The court also noted that the amendments were in line with the overarching goal of enhancing public safety by ensuring that the regulation of dangerous substances is up-to-date and responsive to current risks.

The court concluded that the Security-sensitive Dangerous Substances Order 2009 was valid and enforceable. The amendments to Schedule 1 were upheld as they aligned with the legislative intent and regulatory needs. The court did not find any grounds to invalidate the order, affirming its compliance with the Security-sensitive Dangerous Substances Act 2005.