Security-sensitive Dangerous Substances Act 2005 (Tas)

Security-sensitive Dangerous Substances Act 2005

An Act to restrict and regulate access to certain dangerous substances whose deliberate misuse would constitute an especial threat to State security and public safety, to regulate and monitor, and improve the security of, commercial, industrial and other activities carried out in connection with such dangerous substances and for related purposes [Royal Assent 11 July 2005]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART 1 - Preliminary

1. Short title This Act may be cited as the Security-sensitive Dangerous Substances Act 2005 .

2. Commencement This Act commences on a day to be proclaimed.

3. Interpretation In this Act, unless the contrary intention appears – approved form means a form approved by the regulator; authorised means – (a) in relation to an SSDS and an SSDS permit, the SSDS for which the permit is issued; and (b) in relation to a restricted activity and an SSDS permit, the restricted activity that the permit authorises to be carried out; authorised officer means an authorised officer appointed under section 52(1) , and includes a person authorised under section 52(6) ; background check means a police and security check into a person's background, with the particular aim of checking whether the person has engaged in, or encouraged or supported, acts of politically motivated violence; close associate – see section 15 ; conviction, in relation to an offence, includes a finding of guilt without the recording of a conviction for the offence; corresponding Australian law means a law of another State, or of a Territory, that – (a) corresponds, or substantially corresponds, to this Act; or (b) regulates a dangerous substance other than an SSDS and is prescribed to be a corresponding Australian law for the purposes of this Act; corresponding regulator means a person who, under a corresponding Australian law, is responsible for determining or vetting applications for permits or other forms of regulatory authority relating to activities that involve security-sensitive dangerous substances; form of regulatory authority includes a permit, licence, approval, accreditation, authorisation, certification or registration; functions includes duties; identity card means a responsible worker's identity card issued under section 37(1) ; nomination means a nomination under section 39 ; notify means give notice in writing; powers, of the regulator or an authorised officer, includes any functions associated with the exercise of those powers; premises includes – (a) an area of land, whether built on or enclosed; and (b) a building or a part of a building (whether permanent or temporary); and (c) a structure or a part of a structure (whether permanent or temporary) – but does not include a vehicle; qualifications includes expertise, training and experience; register means the register kept under section 28 ; regulations means regulations made and in force under this Act; regulator means the regulator appointed under Part 1 of Schedule 2 to the Work Health and Safety Act 2012 ; related State law means – (a) an Act referred to in section 7 ; or (b) a prescribed law of the State; responsible worker, for an SSDS permit, means a person who, besides the holder of the permit, is authorised by the permit to have either or both of the following: (a) independent and unsupervised access to the authorised SSDS; (b) independent and unsupervised carriage of the authorised restricted activity; restricted activity, in relation to an SSDS, means – (a) manufacturing, importing, exporting, buying, selling, supplying, storing, using or disposing of – (i) if the SSDS is specified in Part 2 of Schedule 1 by reference to a quantity, that quantity of the SSDS; or (ii) in the case of any other SSDS, any quantity of the SSDS; or (b) an activity specified in Part 3 of Schedule 1 ; restrictive personal order means any of the following: (a) a family violence order or interim family violence order within the meaning of the Family Violence Act 2004 ; (b) a police family violence order within the meaning of the Family Violence Act 2004 ; (c) a restraint order or interim restraint order within the meaning of Part XA of the Justices Act 1959 ; (d) an external restraint order within the meaning of Part XA of the Justices Act 1959 ; right of review means a right of review under section 74 ; security threat means an incident or situation, whether or not involving an SSDS, that threatens or has the potential to threaten State security or public safety; sell means sell by wholesale or retail, and includes – (a) offer, display or expose for sale; and (b) keep or possess for sale; and (c) barter or exchange; and (d) deal in or agree to sell; and (e) supply, send, forward or deliver for sale or for, or in expectation of receiving, any payment or consideration; and (f) receive for sale; and (g) authorise, direct, cause, permit or suffer a thing referred to in paragraph (a) , (b) , (c) , (d) , (e) or (f) to be done; SSDS means a security-sensitive dangerous substance – see section 4 ; SSDS permit means a permit issued under Part 2 ; State includes Territory; terrorism offence means an offence under Part 5.3 of the Criminal Code of the Commonwealth; vehicle includes any kind of – (a) vessel; and (b) aircraft; and (c) vehicle built or adapted to move on rails; and (d) motor vehicle, being a vehicle built to be propelled by a motor that forms part of the vehicle; and (e) trailer, being a vehicle built or adapted to be towed by a motor vehicle.