Australian Capital Territory Consolidated Regulations

[Index] [Table] [Search] [Search this Regulation] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

DANGEROUS SUBSTANCES (EXPLOSIVES) REGULATION 2004 - REG 22A

Security definitions

In this regulation:

"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 an explosive if—

        (a)     the person is a responsible person for the explosive; 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.

Note     The Act, s 18 defines a responsible person for a dangerous substance (including an explosive) as a person in control of the handling 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 an explosive 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 regulation.

"security risk assessment", in relation to the handling of an explosive, means a written assessment that identifies and assesses the security risks (external and internal) associated with the handling of the explosive.

"unsupervised access"—a person has unsupervised access to an explosive if the person has access to the explosive when not under the supervision of a person who—

        (a)     holds a licence for this regulation; or

        (b)     is a security cleared responsible person.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback