Explosives (Security Sensitive Substances) Regulations 2021 (SA)

South Australia Explosives (Security Sensitive Substances) Regulations 2021 under the Explosives Act 1936

Contents Part 1—Preliminary 1 Short title 2 Commencement 3 Interpretation 4 Prescribed quantity for Part 3 (Carriage of explosives) 5 Non‑application of regulations to inspectors or certain Commonwealth officers Part 2—Meaning and classification of security sensitive substances 6 Security sensitive substances Part 3—Prohibitions 7 Certain uses of security sensitive ammonium nitrate prohibited Part 4—Licences and permits 8 Requirement for licence 9 Requirement for permit 10 Offence to sell or supply 11 Grant or renewal of licence or permit 12 Term of licence or permit 13 Annual returns 14 Conditions of licence or permit 15 Security management plan for licences 16 Security clearance of certain persons 17 Reporting of theft etc of security sensitive substances 18 Manufacture 19 Separation distances 20 Import and export 21 Records of sale or supply 22 Records of purchase or acquisition 23 Records of use or disposal 24 Offence to contravene conditions of licence or permit 25 Variation of licence or permit 26 Criteria for determination of applications 27 Applications 28 Licence or permit may include photograph 29 Suspension or revocation of licence or permit or revocation of approval 30 Production of licences, permits, approvals and records 31 False or misleading statements 32 Police reports Part 5—Appeal 33 Right of appeal Part 6—Miscellaneous 34 Exemption Schedule 1—Revocation and transitional provisions Part 1—Revocation of Explosives (Security Sensitive Substances) Regulations 2006 1 Revocation of Explosives (Security Sensitive Substances) Regulations 2006 Part 2—Transitional provisions 2 Permits relating to security sensitive substances Legislative history

Part 1—Preliminary 1—Short title These regulations may be cited as the Explosives (Security Sensitive Substances) Regulations 2021. 2—Commencement These regulations come into operation on 1 September 2021. 3—Interpretation (1) In these regulations, unless the contrary intention appears— Act means the Explosives Act 1936; Class 1 Dangerous Goods has the same meaning as in the Explosives Regulations 2011; domestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not; harm to a person includes death of the person; licence means a licence granted under the Act in relation to a security sensitive substance; permit means a permit granted under these regulations; plant includes— (a) a machine, engine, equipment, container or device; and (b) a component, fitting, pipe or accessory used in or in connection with a machine, engine, equipment, container or device; prescribed fee means the fee prescribed for the purposes of the Act; protected works has the same meaning as in Part 11 of the Explosives Regulations 2011; secure means secure from— (a) loss; or (b) theft; or (c) sabotage; or (d) unauthorised access; security risk means risk of— (a) loss, theft or sabotage of a security sensitive substance; or (b) unauthorised access to a security sensitive substance; security sensitive ammonium nitrate has the same meaning as in the Explosives (Security Sensitive Ammonium Nitrate) Proclamation 2006; security sensitive substance—see regulation 6; sell includes offer to sell; spouse—a person is the spouse of another if they are legally married; supply includes offer to supply. (2) For the purposes of these regulations, 2 persons are close associates if— (a) 1 is a spouse, domestic partner, parent, child, brother or sister of the other; or (b) they are in partnership; or (c) they are related bodies corporate (within the meaning of the Corporations Act 2001 of the Commonwealth); or (d) 1 is a body corporate and the other is a director, manager, secretary or public officer of the body corporate; or (e) 1 is a body corporate (other than a public company whose shares are listed on a stock exchange) and the other is a shareholder in the body corporate; or (f) 1 is a trustee of a trust and the other is a beneficiary of the trust or, in the case of a discretionary trust, an object of the trust; or (g) 1 has a right to participate, or participates, (otherwise than as a shareholder in a body corporate) in income or profits derived from a business conducted by the other; or (h) 1 is in a position to exercise, or exercises, control or significant influence over the conduct of the other. (3) A reference to keeping security sensitive substances secure includes a reference to keeping the substances secure for the purposes of security within the meaning of the Australian Security Intelligence Organisation Act 1979 of the Commonwealth. 4—Prescribed quantity for Part 3 (Carriage of explosives) For the purposes of Part 3 of the Act, the prescribed quantity of security sensitive substances is 20 kg. 5—Non‑application of regulations to inspectors or certain Commonwealth officers These regulations do not apply to an inspector, or a person employed in the Department of Home Affairs, acting in the course of official duties.