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TASMANIA
__________
SECURITY-SENSITIVE DANGEROUS
SUBSTANCES AMENDMENT BILL 2008
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 3 amended (Interpretation)
5. Section 4 amended (What is a security-sensitive dangerous
substance?)
6. Section 6 substituted
6. Act binds Crown
6A. Application of Act
7. Section 13 amended (Applications not to be approved unless
applicants are fit and proper persons)
8. Section 14 amended (Applications not to be approved unless
responsible workers are fit and proper persons)
9. Section 31 amended (Cancellation and suspension of permits by
Director)
10. Section 41 amended (Responsible workers revocation of
status)
11. Section 78 amended (Exemptions)
12. Section 83 amended (Regulations)
13. Section 84 amended (Amendment of Schedules)
14. Section 86 repealed
[Bill 6]-III
15. Schedule 1 amended (Security-sensitive dangerous substances)
16. Schedule 2 amended (Guidelines for determining legitimate need
for SSDS permit)
2
SECURITY-SENSITIVE DANGEROUS
SUBSTANCES AMENDMENT BILL 2008
(Brought in by the Minister for Infrastructure, Resources,
Planning and Workplace Relations, the Honourable Steven
Kons)
A BILL FOR
An Act to amend the Security-sensitive Dangerous
Substances Act 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:
1. Short title
This Act may be cited as the Security-sensitive
Dangerous Substances Amendment Act 2008.
2. Commencement
This Act commences on a day to be proclaimed.
3. Principal Act
In this Act, the Security-sensitive Dangerous
Substances Act 2005* is referred to as the
Principal Act.
*No. 31 of 2005
[Bill 6] 3
Security-sensitive Dangerous Substances Amendment Act 2008
Act No. of
s. 4
4. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended as
follows:
(a) by inserting the following definition after
the definition of "form of regulatory
authority":
"functions" includes duties;
(b) by omitting the definition of "restricted
activity" and substituting the following
definitions:
"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
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Security-sensitive Dangerous Substances Amendment Act 2008
Act No. of
s. 4
(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;
(c) by inserting the following definition after
the definition of "SSDS permit":
"State" includes Territory;
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Security-sensitive Dangerous Substances Amendment Act 2008
Act No. of
s. 5
5. Section 4 amended (What is a security-sensitive
dangerous substance?)
Section 4 of the Principal Act is amended as
follows:
(a) by omitting "A" and substituting "(1) A";
(b) by inserting the following subsection:
(2) The specification of a substance
under subsection (1) may be
absolute or by reference to a
quantity of the substance.
6. Section 6 substituted
Section 6 of the Principal Act is repealed and the
following sections are substituted:
6. Act binds Crown
(1) This Act binds the Crown in right of
Tasmania and, so far as the legislative
power of Parliament permits, in all its
other capacities.
(2) Nothing in this Act makes the Crown in
any of its capacities liable to be
prosecuted for an offence.
6A. Application of Act
(1) This Act does not apply to the carrying
out of a restricted activity in relation to
an SSDS by
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Security-sensitive Dangerous Substances Amendment Act 2008
Act No. of
s. 6
(a) an authorised officer acting in the
course of duty; or
(b) a police officer acting in the
course of duty; or
(c) a person acting in the course of a
duty that he or she is performing
for or on behalf of an emergency
service.
(2) This Act does not apply to the carrying
out, in Tasmania, of a restricted activity
in relation to an SSDS by any of the
following persons acting in the course of
Commonwealth duty or at the request of
or with the approval of the
Commissioner of Police, an SES
authority or any Minister:
(a) a police officer of the
Commonwealth or another State;
(b) a member of the Defence Forces
of the Commonwealth;
(c) a civilian employee of the
Commonwealth.
(3) In this section
"emergency service" means
(a) the State Emergency
Service within the
meaning of the
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Security-sensitive Dangerous Substances Amendment Act 2008
Act No. of
s. 6
Emergency Management
Act 2006; or
(b) the Tasmanian
Ambulance Service
established under the
Ambulance Service Act
1982; or
(c) the Tasmania Fire Service
established under the Fire
Service Act 1979; or
(d) the Department;
"SES authority" means
(a) the Director of the State
Emergency Service
appointed under section
27 of the Emergency
Management Act 2006; or
(b) the State Emergency
Management Controller
referred to in section
10(1) of that Act; or
(c) the Deputy State
Emergency Management
Controller referred to in
section 10(2) of that Act.
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Security-sensitive Dangerous Substances Amendment Act 2008
Act No. of
s. 7
7. Section 13 amended (Applications not to be
approved unless applicants are fit and proper
persons)
Section 13(2) of the Principal Act is amended by
omitting paragraph (i) and substituting the
following paragraphs:
(i) whether the applicant is or has ever been
subject to a restrictive personal order;
(j) any prescribed matter.
8. Section 14 amended (Applications not to be
approved unless responsible workers are fit and
proper persons)
Section 14(2) of the Principal Act is amended as
follows:
(a) by omitting from paragraph (g)
"applicant" and substituting "nominee";
(b) by omitting paragraph (i) and
substituting the following paragraphs:
(i) whether the nominee is or has
ever been subject to a restrictive
personal order;
(j) any prescribed matter.
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Security-sensitive Dangerous Substances Amendment Act 2008
Act No. of
s. 9
9. Section 31 amended (Cancellation and suspension of
permits by Director)
Section 31(2) of the Principal Act is amended by
omitting paragraph (i) and substituting the
following paragraphs:
(i) the holder of the permit is subject to a
restrictive personal order; or
(j) the suspension is prudent or necessary
having regard to a security threat.
10. Section 41 amended (Responsible workers
revocation of status)
Section 41(1) of the Principal Act is amended by
omitting paragraph (k) and substituting the
following paragraphs:
(k) the person is subject to a restrictive
personal order; or
(l) the revocation is prudent or necessary
having regard to a security threat.
11. Section 78 amended (Exemptions)
Section 78 of the Principal Act is amended by
omitting subsection (8) and substituting the
following subsection:
(8) In this section
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s. 12
"low-scale restricted activity" means
an activity specified in Part 4 of
Schedule 1.
12. Section 83 amended (Regulations)
Section 83 of the Principal Act is amended by
inserting after subsection (5) the following
subsection:
(6) For the avoidance of doubt, where a
provision of this Act refers to a
prescribed quantity, the quantity that may
be so prescribed includes zero.
13. Section 84 amended (Amendment of Schedules)
Section 84 of the Principal Act is amended as
follows:
(a) by inserting in subsection (1)(a) "any
Part of" after "to";
(b) by inserting in subsection (1)(b) "any
Part of" after "from";
(c) by omitting from subsection (1)(c)
"item." and substituting "item;";
(d) by inserting the following paragraph after
paragraph (c) in subsection (1):
(d) adding, omitting or substituting
any definition to, from or in
item 1 of Part 1 of the Schedule.
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Act No. of
s. 13
(e) by inserting in subsection (2)(a) "any
Part of" after "to";
(f) by inserting in subsection (2)(b) "any
Part of" after "from";
(g) by omitting from subsection (2)(d)(iii)
"paragraph." and substituting
"paragraph;";
(h) by inserting the following paragraph after
paragraph (d) in subsection (2):
(e) adding, omitting or substituting
any definition to, from or in
item 1 of Part 1 of the Schedule.
(i) by omitting from subsection (5)
"subsection (1)" and substituting "this
section";
(j) by inserting the following subsection
after subsection (5):
(6) For the avoidance of doubt
(a) orders under
subsections (1) and (2)
may be combined; and
(b) the specification of an
SSDS in Part 2 of
Schedule 1 may be
absolute or by reference
to a quantity of the SSDS;
and
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Act No. of
s. 14
(c) the specification of an
activity in Part 3 or 4 of
Schedule 1 may be of
general or limited
application.
14. Section 86 repealed
Section 86 of the Principal Act is repealed.
15. Schedule 1 amended (Security-sensitive dangerous
substances)
Schedule 1 to the Principal Act is amended as
follows:
(a) by omitting the heading and substituting
the following heading:
SCHEDULE 1 SECURITY-SENSITIVE
DANGEROUS SUBSTANCES AND
RESTRICTED ACTIVITIES
(b) by inserting the following definition after
the definition of "ADG Code" in item 1
of Part 1:
"AE Code" means the Australian
Code for the Transport of
Explosives by Road and Rail
published by the Commonwealth,
as from time to time amended;
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Security-sensitive Dangerous Substances Amendment Act 2008
Act No. of
s. 15
(c) by inserting the following definitions
after the definition of "explosive" in item
1 of Part 1:
"SSAN" means an SSDS specified in
Division 1 of Part 2 of this
Schedule;
"SSE" means an SSDS specified in
Division 2 of Part 2 of this
Schedule;
"Standards Australia" means
Standards Australia Limited
(ABN 85 087 326 690);
(d) by inserting the following heading after
the heading to Part 2:
Division 1 SSAN
(e) by omitting items 2 and 3 from Part 2
and substituting the following items:
2. An ammonium nitrate emulsion
that
(a) contains more than 45%
ammonium nitrate; and
(b) does not have a UN
number; and
(c) is not an explosive.
3. An ammonium nitrate mixture
that
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Security-sensitive Dangerous Substances Amendment Act 2008
Act No. of
s. 15
(a) contains more than 45%
ammonium nitrate; and
(b) does not have a UN
number; and
(c) is not an explosive.
(f) by inserting the following Division in
Part 2:
Division 2 SSE
4. A blasting explosive within the
meaning of the AE Code.
5. A blasting explosive within the
meaning of AS 2187.0 published
by Standards Australia, as from
time to time amended.
6. A Type 3 firework within the
meaning of the Dangerous Goods
(General) Regulations 1998.
7. A propellant within the meaning
of the Dangerous Goods
(General) Regulations 1998 in
powder form and in a quantity
greater than 5 kilograms.
(g) by inserting the following Parts after Part
2:
PART 3 RESTRICTED ACTIVITIES
1. In relation to an SSAN:
transporting (at any one time)
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Security-sensitive Dangerous Substances Amendment Act 2008
Act No. of
s. 16
more than 20 kilograms of the
SSAN.
2. In relation to an SSE:
(a) in the case of the SSE
specified in item 7 of
Division 2 of Part 2 of
this Schedule,
transporting (at any one
time) more than 5
kilograms of the SSE; or
(b) in the case of any other
SSE, transporting any
quantity of the SSE.
PART 4 LOW-SCALE RESTRICTED ACTIVITIES
1. In relation to an SSAN:
acquiring, storing, handling and
using (at any one time) less than
3 kilograms of the SSAN for or in
connection with the purposes of
an educational, research or
analytical laboratory.
16. Schedule 2 amended (Guidelines for determining
legitimate need for SSDS permit)
Schedule 2 to the Principal Act is amended as
follows:
(a) by inserting the following Part before
item 1:
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Act No. of
s. 16
PART 1 INTERPRETATION
1. In this Schedule
"SSAN" has the same meaning
as in Schedule 1;
"SSE" has the same meaning
as in Schedule 1.
(b) by inserting the following heading before
item 1:
PART 2 SSAN
(c) by omitting from item 1 "SSDS" first
occurring and substituting "SSAN";
(d) by omitting from item 2 "SSDS" first
occurring and substituting "SSAN";
(e) by inserting the following Part after item
2:
PART 3 SSE
1. Prima facie, the use of an SSE for
or in connection with the carrying
on of a business or employment
will constitute a legitimate need
to have an SSDS permit.
Government Printer, Tasmania 17