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TASMANIA
__________
SECURITY-SENSITIVE DANGEROUS
SUBSTANCES BILL 2005
__________
CONTENTS
PART 1 PRELIMINARY
1. Short title
2. Commencement
3. Interpretation
4. What is a security-sensitive dangerous substance?
5. Application requirements
6. Act does not bind Crown
7. Act does not derogate from other laws dealing with dangerous
substances
PART 2 SECURITY-SENSITIVE DANGEROUS SUBSTANCES
PERMITS
Division 1 Need for permits
8. Offence to carry out certain activities without permit
Division 2 Applications
9. Applications for permits
10. Consideration of applications
11. Applications not to be approved without police clearance
12. Applications not to be approved unless certain general
requirements are met
[Bill 40]-III
13. Applications not to be approved unless applicants are fit and
proper persons
14. Applications not to be approved unless responsible workers are
fit and proper persons
15. What is a close associate?
16. Regard may be had to other checks
17. Amendment of applications
18. Actions to be taken following approval or refusal of applications
Division 3 Nature of SSDS permits
19. Types of permit
20. Form of permits
21. Permit conditions
22. What do permits authorise?
23. Mutual recognition
24. Permits are not transferable
25. Renewal of permits
26. Surrender of permits
27. Expiry of permits
Division 4 Regulation of SSDS permits
28. Register of permits
29. Variation of permit conditions
30. Amendment of permit particulars
31. Cancellation and suspension of permits by Director
32. Cancellation of permits by courts
33. Loss and replacement of permits, &c.
34. Permits to be returned if certain events occur
35. Permits not to be lent
36. Production of permits, and associated deceptions
Division 5 Responsible workers
37. Identification of responsible workers
38. Loss and replacement of identity cards, &c.
2
39. Responsible workers new nominations
40. Responsible workers cessation and changes of name
41. Responsible workers revocation of status
42. Production of identity cards, and associated deceptions
Division 6 Directions
43. Directions to furnish reports
44. Directions to furnish medical reports
45. Directions to respond to security threats
46. Directions to take corrective actions
47. Procedure for giving directions
48. Offence not to comply with directions
49. Taking action to forestall security threats if directions not
complied with
Division 7 Reporting
50. Loss or theft of SSDS, &c., to be reported
PART 3 ADMINISTRATION AND ENFORCEMENT
51. Powers of Director
52. Appointment of authorised officers
53. Powers of authorised officers
54. Identification of authorised officers
55. Delegation of Director's powers to authorised officers
56. General powers of inspection, &c., of authorised officers
57. Authorised officers may require names and addresses
58. Powers of authorised officers regarding suspected offences
59. Authorised officers to restore premises, &c., to original
condition after inspections
60. Offence to obstruct, &c., authorised officers
61. Offence to fail to comply with authorised officer's directions
62. Self-incrimination no excuse
PART 4 OFFENCE PROCEEDINGS AND RELATED MATTERS
63. Time limit for prosecuting offences
3
64. Authorised officers may prosecute offences
65. Analysts
66. Evidentiary matters
67. Responsibility for acts or omissions of representatives
68. Offences by bodies corporate
69. Proceedings for offences involving identity cards
70. Recovery of investigation costs from convicted persons
71. Prohibiting convicted persons from SSDS involvement
72. Forfeiture
PART 5 MISCELLANEOUS
73. Protection of security-sensitive information
74. Applications for review of decisions
75. Commissioner of Police may intervene in review proceedings
76. False or misleading statements
77. Protection from liability
78. Exemptions
79. Disposal, &c., of unclaimed SSDS
80. Partnership obligations
81. Refund of application and other fees
82. Service of documents
83. Regulations
84. Amendment of Schedules
85. Review of operation of Act
86. Administration of Act
87. Transitional provision
88. Consequential Amendments
SCHEDULE 1 SECURITY-SENSITIVE DANGEROUS SUBSTANCES
SCHEDULE 2 GUIDELINES FOR DETERMINING LEGITIMATE
NEED FOR SSDS PERMIT
SCHEDULE 3 PROVISIONS WITH RESPECT TO WARRANTS
SCHEDULE 4 TRANSITIONAL PROVISION
4
SCHEDULE 5 CONSEQUENTIAL AMENDMENTS
5
6
SECURITY-SENSITIVE DANGEROUS
SUBSTANCES BILL 2005
(Brought in by the Minister for Infrastructure, Energy and
Resources, the Honourable Bryan Alexander Green)
A BILL FOR
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
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.
[Bill 40] 7
s. 3 No. Security-sensitive Dangerous Substances 2005
3. Interpretation
In this Act, unless the contrary intention
appears
"approved form" means a form approved by
the Director;
"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
8
2005 Security-sensitive Dangerous Substances No. s. 3
(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;
"Director" means the Director of Industry
Safety appointed under section 33 of the
Workplace Health and Safety Act 1995;
"form of regulatory authority" includes a
permit, licence, approval, accreditation,
authorisation, certification or registration;
"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 Director or an authorised
officer, includes any functions associated
with the exercise of those powers;
"premises" includes
9
s. 3 No. Security-sensitive Dangerous Substances 2005
(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;
"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;
10
2005 Security-sensitive Dangerous Substances No. s. 3
"restricted activity", in relation to an SSDS,
means
(a) manufacturing, importing,
exporting, buying, selling,
supplying, storing, using or
disposing of any quantity of the
SSDS; or
(b) transporting more than 20
kilograms of the SSDS; or
(c) a prescribed activity carried out
in relation to the SSDS;
"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
11
s. 4 No. Security-sensitive Dangerous Substances 2005
(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;
"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.
4. What is a security-sensitive dangerous substance?
A security-sensitive dangerous substance
("SSDS") is a substance specified in Part 2 of
Schedule 1.
12
2005 Security-sensitive Dangerous Substances No. s. 5
5. Application requirements
An application to the Director in relation to a
matter under this Act is to be in an approved
form and must
(a) be accompanied by the prescribed fee, if
any; and
(b) be supported by such evidence or
information as the Director requires; and
(c) comply with such additional
requirements, if any, as relate specifically
to the application.
6. Act does not bind Crown
This Act does not bind the Crown.
7. Act does not derogate from other laws dealing with
dangerous substances
The provisions of this Act are in addition to, and
not in derogation of, the provisions of the
Agricultural and Veterinary Chemicals (Control
of Use) Act 1995, Dangerous Goods Act 1998,
Fertilizers Act 1993 and Poisons Act 1971.
13
s. 8 No. Security-sensitive Dangerous Substances 2005
PART 2 SECURITY-SENSITIVE DANGEROUS
SUBSTANCES PERMITS
Division 1 Need for permits
8. Offence to carry out certain activities without
permit
(1) A person must not carry out a restricted activity
in relation to an SSDS unless the person
(a) is authorised to carry out the restricted
activity by an SSDS permit; and
(b) complies with the conditions of the
SSDS permit in carrying out the
restricted activity.
(2) A person must not direct, cause or allow another
person to carry out a restricted activity in
relation to an SSDS unless
(a) the first-mentioned person is the holder
of an SSDS permit that authorises the
restricted activity to be carried out, and
the other person
(i) is a responsible worker for the
SSDS permit; or
(ii) carries out the restricted activity
under the direct and constant
supervision of the first-mentioned
person or a responsible worker
for the SSDS permit; or
(b) the first-mentioned person is a
responsible worker for an SSDS permit
that authorises the restricted activity to
14
2005 Security-sensitive Dangerous Substances No. s. 8
be carried out and the other person
carries out the restricted activity under
the close and constant supervision of
(i) the first-mentioned person; or
(ii) the holder of the SSDS permit.
(3) A person who contravenes subsection (1) or (2)
is guilty of an offence.
Penalty: In the case of
(a) a body corporate, a fine not
exceeding 1 000 penalty units
and, in the case of a continuing
offence, a further fine not
exceeding 10 penalty units for
each day during which the
offence continues; and
(b) an individual
(i) a fine not exceeding
500 penalty units and,
in the case of a
continuing offence, a
further fine not
exceeding 5 penalty
units for each day
during which the
offence continues; or
(ii) imprisonment for a
term not exceeding 12
months.
15
s. 9 No. Security-sensitive Dangerous Substances 2005
Division 2 Applications
9. Applications for permits
(1) A person may apply to the Director for an SSDS
permit.
(2) The application must
(a) specify the SSDS and restricted activity
for which the SSDS permit is being
sought and explain precisely why and for
how long the applicant will need the
permit; and
(b) be accompanied by a security plan
complying with the prescribed
requirements, if any, based on a risk
assessment of the SSDS and restricted
activity for which the permit is being
sought; and
(c) nominate, if applicable, those persons
who the applicant wishes to have as
responsible workers; and
(d) give the full name, date of birth and
address of each person so nominated.
(3) The application must also satisfy the Director
that the applicant and each person nominated as
a responsible worker knows and accepts that
they are liable to be subjected to a background
check as part of the application process.
(4) The Director may assist the applicant by
providing advice or written guidelines about the
security plan requirement.
16
2005 Security-sensitive Dangerous Substances No. s. 10
10. Consideration of applications
(1) In considering an application for an SSDS
permit, the Director may
(a) carry out such inquiries, consult such
persons and take into account such
matters as the Director considers
necessary or expedient having regard to
the nature of the application and the
proposed restricted activity; and
(b) require the applicant to provide any
further information or evidence about
any matter relating to the application.
(2) After considering an application for an SSDS
permit, the Director may, subject to sections 11,
12, 13 and 14
(a) approve the application; or
(b) refuse the application.
11. Applications not to be approved without police
clearance
The Director must not approve an application for
an SSDS permit unless
(a) a copy of it has been referred to the
Commissioner of Police; and
(b) the Commissioner of Police has notified
the Director to the effect that there is no
objection, on security grounds, to the
application being approved.
17
s. 12 No. Security-sensitive Dangerous Substances 2005
12. Applications not to be approved unless certain
general requirements are met
The Director must not approve an application for
an SSDS permit unless he or she is satisfied of
each of the following:
(a) that, having regard to any relevant
corporate or business structure,
proprietary interests, business practices
or occupational responsibilities, the
applicant is an appropriate person to be
making the application;
(b) that, having regard to the guidelines in
Schedule 2, the applicant has
demonstrated a legitimate need to carry
out the proposed restricted activity;
(c) that the applicant has a security plan
complying with the prescribed
requirements, if any, based on a risk
assessment of the proposed restricted
activity;
(d) that each person nominated as a
responsible worker (and the applicant too
if it is a natural person) has attained the
age of 18 years;
(e) that other legislative requirements, if any,
specifically governing the proposed
restricted activity in relation to the
relevant SSDS (whether State or
Commonwealth) have been, or are
capable of being, met;
(f) that any prescribed requirements have
been, or are capable of being, met.
18
2005 Security-sensitive Dangerous Substances No. s. 13
13. Applications not to be approved unless applicants
are fit and proper persons
(1) The Director must not approve an application for
an SSDS permit unless he or she is satisfied that
the applicant is a fit and proper person to be
issued with the permit.
(2) For the purposes of subsection (1), the Director
must have regard to at least the following
matters:
(a) the applicant's qualifications in relation
to security-sensitive dangerous
substances or dangerous substances
generally;
(b) if applicable, the applicant's mental
fitness;
(c) the applicant's conduct as regards any
other SSDS permit or any similar form of
regulatory authority, either in this State
or elsewhere;
(d) whether the applicant or a close associate
or related body corporate of the applicant
has given false or misleading information
in or in connection with an application or
nomination or about another matter
under this Act;
(e) whether the applicant or a close associate
or related body corporate of the applicant
has ever contravened this Act, a related
law of the State or a corresponding
Australian law (whether or not the
contravention resulted in a conviction);
19
s. 13 No. Security-sensitive Dangerous Substances 2005
(f) whether the applicant or a close associate
or related body corporate of the applicant
has, in this State or elsewhere, been
convicted of an offence involving an
SSDS or another dangerous substance;
(g) whether the applicant, or a close
associate of the applicant, has been
convicted of a terrorism offence;
(h) whether the applicant or a close associate
of the applicant has, in this State or
elsewhere, been convicted of an offence
involving
(i) violence or weapons; or
(ii) dishonesty; or
(iii) the obstruction or intimidation of
persons exercising statutory
powers or functions;
(i) any prescribed matter.
(3) For the purposes of subsection (2), the Director
is not required to have regard to the activities of
an applicant's close associate under that
subsection if that close associate is a prescribed
person or a person of a prescribed class.
(4) In this section
"related body corporate", of an applicant,
means a body corporate that the applicant
is or has been an officer of.
20
2005 Security-sensitive Dangerous Substances No. s. 14
14. Applications not to be approved unless responsible
workers are fit and proper persons
(1) The Director must not approve an application for
an SSDS permit unless he or she is satisfied that
each person nominated as a responsible worker
is a fit and proper person to be a responsible
worker for the permit.
(2) For the purposes of subsection (1), the Director
must have regard to at least the following
matters:
(a) the nominee's qualifications in relation
to security-sensitive dangerous
substances or dangerous substances
generally;
(b) the nominee's mental fitness;
(c) the nominee's conduct as regards any
other SSDS permit or any similar form of
regulatory authority, either in this State
or elsewhere;
(d) whether the nominee has given, or been
responsible for the giving of, false or
misleading information in or in
connection with an application or
nomination or about another matter
under this Act;
(e) whether the nominee has ever
contravened this Act, a related law of the
State or a corresponding Australian law
(whether or not the contravention
resulted in a conviction);
(f) whether the nominee has, either in this
State or elsewhere, been convicted of an
21
s. 15 No. Security-sensitive Dangerous Substances 2005
offence involving an SSDS or another
dangerous substance;
(g) whether the applicant has been convicted
of a terrorism offence;
(h) whether the nominee has, either in this
State or elsewhere, been convicted of an
offence involving
(i) violence or weapons; or
(ii) dishonesty; or
(iii) the obstruction or intimidation of
persons exercising statutory
powers or functions;
(i) any prescribed matter.
15. What is a close associate?
(1) For the purposes of section 13, a person is a
close associate of someone (in this section
referred to as "the related person") if
(a) the person holds an executive position
(however described) in the related
person's business; or
(b) the Director is satisfied that the person is
or will be able to exercise a significant
influence in relation to the conduct of the
related person's business because the
person holds or will hold a financial
interest, or is entitled to exercise a
relevant power, in the business.
(2) In this section
22
2005 Security-sensitive Dangerous Substances No. s. 15
"business" includes
(a) a business not carried on for
profit; and
(b) a trade or profession;
"executive position", in a business, means a
position (however described) held by a
person who is concerned with, or takes
part in, the management of the business;
"exercise", a power, includes exercise the
power on behalf of someone else;
"financial interest", in a business, means
(a) a share in the capital of the
business; or
(b) an entitlement to receive income
derived from the business
(however the entitlement arises);
"hold", a position, includes hold the position
on behalf of someone else;
"power" means a power exercisable
(a) by voting or otherwise; or
(b) exercisable alone or with others;
"relevant power", in a business, means a
power to
(a) take part in a directorial,
managerial or executive decision
for the business; or
23
s. 16 No. Security-sensitive Dangerous Substances 2005
(b) elect or appoint a person to an
executive office in the business.
16. Regard may be had to other checks
In deciding or considering any matter that the
Director is required to be satisfied of or have
regard to for the purposes of section 12, 13(2) or
14(2), the Director may take into account and
accept, either wholly or in part, the findings of
any background check or other relevant check or
inquiry that may have been
(a) carried out by a corresponding regulator
for the purposes of a corresponding
Australian law; or
(b) carried out for the purposes of a related
State law; or
(c) previously carried out by the Director for
the purposes of this Act.
17. Amendment of applications
(1) If the Director is of opinion that an application
for an SSDS permit ought to be refused but that
the application would be capable of being
approved with minor amendments, the Director
may
(a) notify the applicant of that opinion and
of the specific minor amendments that
would render the application capable of
being approved; and
24
2005 Security-sensitive Dangerous Substances No. s. 18
(b) ask the applicant whether the applicant
would like to
(i) have the application considered
as if it were so amended; or
(ii) have the application considered
in its original form; or
(iii) withdraw the application.
(2) If the applicant chooses the option specified in
subsection (1)(b)(i), the Director's decision
under section 10(2) may be made on the basis of
the amended application.
18. Actions to be taken following approval or refusal of
applications
(1) If an application for an SSDS permit is
approved, the Director is to
(a) notify the applicant of the approval; and
(b) issue the applicant with the permit; and
(c) if applicable, issue the applicant with any
supplementary documents; and
(d) if applicable, take the action required by
section 37; and
(e) make an appropriate entry in the register.
(2) If an application for an SSDS permit is refused,
the Director is to notify the applicant of
(a) the refusal; and
25
s. 19 No. Security-sensitive Dangerous Substances 2005
(b) subject to section 73, the reasons for the
refusal; and
(c) the applicant's right of review.
Division 3 Nature of SSDS permits
19. Types of permit
(1) The Director, having regard to the SSDS and
restricted activity concerned and the applicant's
demonstrated legitimate need, may issue an
SSDS permit as
(a) a long-term SSDS permit; or
(b) a short-term SSDS permit.
(2) A long-term SSDS permit is to be issued for a
period of 3 years.
(3) A short-term SSDS permit may, in the Director's
discretion, be issued for
(a) a period not exceeding 12 months
determined by the Director; or
(b) if it is certain or likely that the authorised
restricted activity only needs to be
carried out for a period of less than 12
months, the expected duration of the
restricted activity.
20. Form of permits
(1) An SSDS permit is to be in an approved form
but it must at least specify
26
2005 Security-sensitive Dangerous Substances No. s. 21
(a) whether it is a long-term or short-term
SSDS permit; and
(b) the name and business address of the
person it is issued to; and
(c) the authorised SSDS and authorised
restricted activity; and
(d) the place where the authorised restricted
activity is to be carried out (if that place
is different from the permit holder's
business address); and
(e) its date of issue; and
(f) when it expires (either by reference to a
period or date or, if section 19(3)(b)
applies, to the expected duration of the
authorised restricted activity).
(2) The responsible workers for an SSDS permit
may, in the Director's discretion
(a) be named in the permit itself; or
(b) be named in a supplementary document,
in an approved form, issued with the
permit.
21. Permit conditions
(1) An SSDS permit may be issued unconditionally
or on such conditions as the Director determines
having regard to the authorised SSDS and
authorised restricted activity.
(2) The conditions of an SSDS permit may, in the
Director's discretion, be set out
27
s. 21 No. Security-sensitive Dangerous Substances 2005
(a) in the permit itself; or
(b) in a supplementary document, in an
approved form, issued with the permit.
(3) The conditions are to be entered in the register.
(4) The holder of an SSDS permit must not
(a) contravene a condition of the SSDS
permit; or
(b) direct, cause or allow a responsible
worker or any other person to contravene
a condition of the SSDS permit.
Penalty: In the case of
(a) a body corporate, a fine not
exceeding 500 penalty units
and, in the case of a continuing
offence, a further fine not
exceeding 5 penalty units for
each day during which the
offence continues; and
(b) an individual, a fine not
exceeding 250 penalty units
and, in the case of a continuing
offence, a further fine not
exceeding 2.5 penalty units for
each day during which the
offence continues.
(5) A responsible worker for an SSDS permit must
not
(a) contravene a condition of the SSDS
permit; or
28
2005 Security-sensitive Dangerous Substances No. s. 22
(b) direct, cause or allow another person to
contravene a condition of the SSDS
permit.
Penalty: Fine not exceeding 100 penalty units
and, in the case of a continuing
offence, a further fine not exceeding 1
penalty unit for each day during which
the offence continues.
22. What do permits authorise?
(1) An SSDS permit authorises the holder of the
permit and each responsible worker to carry out
the restricted activity specified in the permit, in
relation to the SSDS specified in the permit, in
accordance with
(a) the conditions of the permit; and
(b) any prescribed conditions.
(2) An SSDS permit also authorises other persons to
carry out the restricted activity specified in the
permit, in relation to the SSDS specified in the
permit, if they are
(a) employees or agents of the holder of the
permit; and
(b) working under the direct and constant
supervision of the holder of the permit or
a responsible worker.
29
s. 23 No. Security-sensitive Dangerous Substances 2005
23. Mutual recognition
(1) The Director, by notice in the Gazette, may
certify that a class of permit capable of being
issued under a corresponding Australian law is
recognised in this State if the Director is satisfied
that the permits of that class correspond, or
substantially correspond, to SSDS permits.
(2) A permit that is of a class recognised in this
State by virtue of a Director's certification under
subsection (1) has force and effect in this State,
according to its terms, as an SSDS permit to the
same extent to which it is in force and effect in
the jurisdiction in which it was issued.
(3) Also, a person whose status or authority in
respect of a recognised permit corresponds to the
status or authority of a responsible worker under
an SSDS permit is taken to be a responsible
worker for that recognised permit if and when
the person is required to work in this State under
that recognised permit.
(4) Subsection (3) has effect whether the
corresponding status and authority referred to in
that subsection is derived from the recognised
permit itself or from a separate permit issued to
the person under a corresponding Australian law.
(5) The regulations may provide for the recognition
of other matters under corresponding Australian
laws for the purpose of enabling persons who are
authorised to carry out a restricted activity in
relation to an SSDS in another jurisdiction (with
or without supervision) to carry out the same
restricted activity in this State.
30
2005 Security-sensitive Dangerous Substances No. s. 24
(6) A notice under subsection (1) is not a statutory
rule within the meaning of the Rules Publication
Act 1953.
(7) In this section
"issued" includes granted, conferred and
awarded;
"permit" includes any form of regulatory
authority besides a permit;
"recognised permit" means a permit, issued
under a corresponding Australian law,
that has force and effect in this State as
an SSDS permit by virtue of a
certification under subsection (1).
24. Permits are not transferable
An SSDS permit is not transferable.
25. Renewal of permits
(1) A short-term SSDS permit is not renewable.
(2) A long-term SSDS permit is from time to time
renewable.
(3) An application to renew a long-term SSDS
permit is to be in an approved form and
(a) is to be made to the Director at least one
month (but not more than 3 months)
before the permit is due to expire; and
(b) may be made even if the permit is
suspended.
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s. 25 No. Security-sensitive Dangerous Substances 2005
(4) However, the Director, in his or her absolute
discretion, may accept a late application to
renew a long-term SSDS permit if
(a) the permit has not expired; and
(b) the applicant pays a prescribed penalty, if
any.
(5) If an application to renew a long-term SSDS
permit is not determined before the day on which
it is due to expire, it is, despite section 27, taken
to continue in force on and after that day until
whichever of the following first occurs:
(a) the 3-month period immediately
following that day expires;
(b) the permit is renewed or its renewal is
refused.
(6) However, subsection (5) does not apply to a
suspended long-term SSDS permit if it is still
suspended immediately before the day on which
it is due to expire.
(7) Section 10(1) and section 18 have the same
application to an application for the renewal of a
long-term SSDS permit as they have to an
application for the issue of an SSDS permit.
(8) Despite subsection (5), the renewal of a long-
term SSDS permit takes effect on the day on
which, but for the renewal, it would have
expired.
(9) A refusal to renew a long-term SSDS permit
takes effect on the day on which the holder of
the permit is notified of the refusal.
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2005 Security-sensitive Dangerous Substances No. s. 26
(10) The Director is to issue the holder of a long-term
SSDS permit with a fresh permit on its renewal.
26. Surrender of permits
(1) The holder of an SSDS permit may surrender it
at any time.
(2) The surrender takes effect when the Director is
notified of it.
(3) However, the surrender is not effective unless
the notification to the Director is accompanied
by
(a) the SSDS permit; or
(b) a statutory declaration as to its loss, theft
or destruction.
27. Expiry of permits
(1) Unless it is renewed, a long-term SSDS permit
expires 3 years after the day on which it is
issued.
(2) A short-term SSDS permit expires
(a) if section 19(3)(a) applies, on the
expiration of the period for which it is
issued; or
(b) if section 19(3)(b) applies, on the
completion of the authorised restricted
activity or after 12 months, whichever
occurs first.
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s. 28 No. Security-sensitive Dangerous Substances 2005
Division 4 Regulation of SSDS permits
28. Register of permits
(1) The Director is to keep a register of SSDS
permits.
(2) The register is to be kept in such manner as the
Director determines and, without limiting that
discretion, may be kept wholly or partly by use
of a computer.
(3) The Director is to ensure that the entries made in
the register for each SSDS permit are sufficient
to identify
(a) the holder of the permit; and
(b) the authorised SSDS; and
(c) the authorised restricted activity; and
(d) the conditions of the permit; and
(e) the responsible workers, if any; and
(f) when the permit was issued; and
(g) when (by reference to a date or event) the
permit expires; and
(h) any prescribed matters.
(4) The Director is to make such other entries in the
register about SSDS permits as the Director
determines or this Act or the regulations require.
(5) The register is not a public register but the
Director may make the register available, or
provide information from the register, to
34
2005 Security-sensitive Dangerous Substances No. s. 29
(a) a government department or other agency
of the Commonwealth, or of a State or
Territory, having SSDS responsibilities;
or
(b) any other person who the Director
reasonably considers has a legitimate
reason to access the register.
(6) Without limiting subsection (5)(b), the Director
may allow the holder of an SSDS permit to
verify, without fee, a register entry relating to
that permit.
(7) In providing any person with access to the
register, or information from the register, the
Director is to have regard to considerations of
commercial confidentiality, State security and
public safety.
(8) However, the Commissioner of Police is entitled
to have unrestricted free access to the register
and to be provided with any information from
the register.
29. Variation of permit conditions
(1) The Director may vary the conditions of an
SSDS permit at any time by doing one or more
of the following:
(a) omitting a condition;
(b) amending or substituting a condition;
(c) imposing an extra condition.
(2) The variation is to be entered in the register.
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s. 29 No. Security-sensitive Dangerous Substances 2005
(3) The variation may be done
(a) on the application of the holder of the
permit; or
(b) on the Director's own initiative.
(4) If the Director reasonably considers that an
application under subsection (3)(a) has any
security implications, he or she is to
(a) refer a copy of the application to the
Commissioner of Police; and
(b) allow the Commissioner of Police a
reasonable period (of at least 10 clear
days) to consider it; and
(c) take any advice or recommendations of
the Commissioner of Police into account
in determining the application.
(5) If subsection (3)(a) applies and the application is
approved, the Director is to notify the applicant
of the approval, the variation and when the
variation is to take effect.
(6) If subsection (3)(a) applies and the application is
refused, the Director is to notify the applicant
of
(a) the refusal; and
(b) subject to section 73, the reasons for the
refusal; and
(c) the applicant's right of review.
(7) If subsection (3)(b) applies, the Director is to
notify the holder of the permit of
36
2005 Security-sensitive Dangerous Substances No. s. 30
(a) the variation; and
(b) subject to section 73, the reasons for the
variation; and
(c) when the variation is to take effect; and
(d) if the variation has the effect of making
the permit conditions more restrictive,
the applicant's right of review.
(8) The Director may consult the permit holder
before varying the conditions of an SSDS permit
on the Director's own initiative, but there is no
obligation to consider exercising that discretion
if the Director considers that the variation should
be effected urgently in the public interest.
(9) The Director, if he or she thinks it is warranted,
may issue the holder of an SSDS permit with an
updated permit and updated supplementary
documents when its conditions are varied.
30. Amendment of permit particulars
(1) The holder of an SSDS permit is to notify the
Director of any change in the permit particulars.
(2) On receiving the notification, the Director
(a) is to amend the register as necessary; and
(b) may, if the Director thinks it is
warranted, issue the applicant with an
updated permit containing the amended
particulars.
(3) In this section
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s. 31 No. Security-sensitive Dangerous Substances 2005
"permit particulars" includes such things as
business and email addresses, telephone
numbers and other contact information
but does not include
(a) the permit conditions; or
(b) the names of responsible workers.
31. Cancellation and suspension of permits by Director
(1) The Director must
(a) suspend an SSDS permit immediately if
the holder of the permit is charged with a
terrorism offence; and
(b) cancel an SSDS permit immediately if
the holder of the permit is convicted of a
terrorism offence.
(2) The Director may cancel or suspend an SSDS
permit at any time if the Director believes on
reasonable grounds that
(a) the holder of the permit no longer
requires it or can no longer demonstrate a
legitimate need for it; or
(b) the conditions of the permit have been or
are being contravened; or
(c) persons other than the holder of the
permit or responsible workers have been
carrying out the authorised restricted
activity without supervision or adequate
supervision; or
38
2005 Security-sensitive Dangerous Substances No. s. 31
(d) the holder of the permit has given the
Director false or misleading information
in or in connection with an application or
nomination or about another matter
under this Act; or
(e) the holder of the permit has contravened
this Act, a related State law or a
corresponding Australian law; or
(f) the holder of the permit has contravened
a direction under Division 6; or
(g) the holder of the permit has, either in this
State or elsewhere, committed an offence
involving
(i) violence or weapons; or
(ii) dishonesty; or
(iii) the obstruction or intimidation of
persons exercising statutory
powers or functions; or
(h) the holder of the permit has, either in this
State or elsewhere, committed an offence
of another kind that calls into question
his or her fitness or competence to
continue holding the SSDS permit; or
(i) the suspension is prudent or necessary
having regard to a security threat.
(3) In deciding under subsection (2) whether
cancellation or suspension is the more
appropriate course of action in the
circumstances, the Director is to regard State
security and public safety, rather than the rights
39
s. 31 No. Security-sensitive Dangerous Substances 2005
and convenience of the holder of the SSDS
permit, as being the paramount consideration.
(4) The cancellation or suspension takes effect when
the holder of the SSDS permit is notified of it.
(5) Subject to section 73, the notification of
cancellation or suspension is to
(a) specify the reasons for the cancellation or
suspension; and
(b) indicate, in general terms, any
information that the Director took into
account in making the decision to cancel
or suspend; and
(c) advise that there is a right of review
against the decision; and
(d) specify, in the case of a suspension, the
period of suspension and any conditions
that must be met before the Director will
consider revoking the suspension; and
(e) if necessary, contain instructions for
securing or disposing of any SSDS
affected by the cancellation or
suspension.
(6) The Director may, by notifying the holder of the
permit, revoke the suspension of an SSDS permit
at any time.
(7) The Director may consult the permit holder
before cancelling or suspending an SSDS permit,
but there is no obligation to consider exercising
that discretion if the Director considers that the
cancellation or suspension should be effected
urgently in the public interest.
40
2005 Security-sensitive Dangerous Substances No. s. 32
(8) A suspended SSDS permit is of no effect during
the period of suspension.
(9) However, a person who is acting strictly in
accordance with instructions issued to the person
pursuant to subsection (5)(e) is not guilty of any
offence under this Act.
(10) The cancellation or suspension of an SSDS
permit is to be entered in the register.
32. Cancellation of permits by courts
(1) A court that convicts a person of an offence
against this Act or a related State law may, in
addition to imposing any other penalty, cancel an
SSDS permit held by the person if the court,
having regard to the nature of the offence and
the objects of this Act, is satisfied that
(a) it is not in the public interest for the
person to continue to hold the permit; or
(b) the cancellation of the permit is merited
in order to add to the punitive effect of
the sentence or to deter others from
committing the same offence.
(2) The cancellation is to be entered in the register.
33. Loss and replacement of permits, &c.
(1) The holder of an SSDS permit must notify the
Director within 7 days if it is stolen, lost or
destroyed.
Penalty: Fine not exceeding 50 penalty units.
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s. 34 No. Security-sensitive Dangerous Substances 2005
(2) The Director, on receipt of a prescribed fee, if
any, may give the holder of an SSDS permit a
replacement for the permit if the Director is
satisfied that the original permit has been
(a) stolen, lost or destroyed; or
(b) damaged to a degree that renders it
unsuitable for use.
(3) The Director, on receipt of a prescribed fee, if
any, may give the holder of an SSDS permit a
replacement for a supplementary document
issued in connection with the permit if the
Director is satisfied that the original document
has been
(a) stolen, lost or destroyed; or
(b) damaged to a degree that renders it
unsuitable for use.
34. Permits to be returned if certain events occur
A person who holds an SSDS permit must return
it to the Director within 7 days, together with
any supplementary documents issued in
connection with the permit, if
(a) the permit expires; or
(b) the permit is cancelled under section 31;
or
(c) the person is issued with a fresh permit
under section 29(9) or section 30(2)(b);
or
42
2005 Security-sensitive Dangerous Substances No. s. 35
(d) the person is given a replacement permit
under section 33(2)(b).
Penalty: Fine not exceeding 50 penalty units.
35. Permits not to be lent
The holder of an SSDS permit must not lend the
permit to another person or allow another person
to use the permit.
Penalty: In the case of
(a) a body corporate, a fine not
exceeding 500 penalty units;
and
(b) an individual, a fine not
exceeding 250 penalty units or
imprisonment for a term not
exceeding 6 months.
36. Production of permits, and associated deceptions
(1) The holder of an SSDS permit must immediately
produce it for inspection if required to do so by
an authorised officer.
Penalty: Fine not exceeding 100 penalty units.
(2) A person must not produce to an authorised
officer a document that is, or purports to be, an
SSDS permit with the intention of falsely
representing to the authorised officer that the
person is the holder of the permit.
Penalty: Fine not exceeding 100 penalty units.
43
s. 37 No. Security-sensitive Dangerous Substances 2005
(3) A person must not, with intention to deceive,
produce to an authorised officer an SSDS permit
that has been altered in a material respect or a
document that resembles an SSDS permit.
Penalty: Fine not exceeding 100 penalty units.
(4) The holder of an SSDS permit must not cause or
allow it to be used in a manner calculated to
deceive an authorised officer.
Penalty: Fine not exceeding 100 penalty units.
(5) A person must not falsely represent to an
authorised officer that
(a) the person is the holder of an SSDS
permit in the person's own right; or
(b) the person is the holder of an SSDS
permit jointly with another person; or
(c) a body corporate is the holder of an
SSDS permit.
Penalty: Fine not exceeding 100 penalty units.
Division 5 Responsible workers
37. Identification of responsible workers
(1) As soon as practicable after a person becomes a
responsible worker for an SSDS permit, the
Director is to issue the holder of the permit with
an identity card for the responsible worker.
(2) The identity card is to be in an approved form
but it must at least specify the responsible
worker's name and the relevant SSDS permit.
44
2005 Security-sensitive Dangerous Substances No. s. 37
(3) The holder of an SSDS permit must ensure that
an identity card issued under this section for a
person who is a responsible worker for the
permit is
(a) given to the person as soon as practicable
after it is issued; and
(b) retrieved from the person within 14 days
after the person ceases to be a
responsible worker for the permit; and
(c) returned to the Director as soon as
practicable after it is so retrieved.
Penalty: Fine not exceeding 50 penalty units.
(4) It is a defence in proceedings for an offence
under subsection (3)(b) if the defendant
establishes that the defendant made a reasonable
attempt to retrieve the responsible worker's
identity card or had in place reasonable
procedures for the retrieval of such identity cards
generally.
(5) A responsible worker for an SSDS permit must
not lend his or her identity card to another
person or allow another person to use the
identity card.
Penalty: Fine not exceeding 50 penalty units or
imprisonment for a term not exceeding
one month.
(6) A responsible worker for an SSDS permit must
carry his or her identity card whenever he or she
is carrying out or supervising the authorised
restricted activity.
Penalty: Fine not exceeding 25 penalty units.
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s. 38 No. Security-sensitive Dangerous Substances 2005
38. Loss and replacement of identity cards, &c.
(1) A responsible worker for an SSDS permit must
inform the holder of the permit within 7 days if
the responsible worker's identity card is stolen,
lost or destroyed.
Penalty: Fine not exceeding 25 penalty units.
(2) The holder of an SSDS permit must notify the
Director of the theft, loss or destruction of a
responsible worker's identity card within 7 days
after finding out about the theft, loss or
destruction.
Penalty: Fine not exceeding 30 penalty units.
(3) The Director, on receipt of a prescribed fee, if
any, may give the holder of an SSDS permit a
replacement identity card for a responsible
worker if satisfied that the original identity card
has been
(a) stolen, lost or destroyed; or
(b) damaged to a degree that renders it
unsuitable for use.
39. Responsible workers new nominations
(1) The holder of an SSDS permit may from time to
time nominate new persons as responsible
workers for the permit.
(2) However, the person does not become a
responsible worker for the SSDS permit until the
nomination is approved.
46
2005 Security-sensitive Dangerous Substances No. s. 39
(3) The nomination is to be in an approved form and
must
(a) be accompanied by the prescribed fee, if
any; and
(b) specify the nominee's name, age and
address; and
(c) specify the authorised restricted activity
that the nominee will be required to carry
out or supervise; and
(d) specify when the permit holder would
like the nominee to be able to begin
carrying out or supervising the restricted
activity.
(4) The nomination must also satisfy the Director
that the nominee knows and accepts that, by
being nominated as a responsible worker for the
SSDS permit, he or she is liable to be subjected
to a background check.
(5) The Director is to consider the nomination and,
in so doing, may
(a) carry out such inquiries, consult such
persons and take into account such
matters as the Director considers
necessary or expedient in the
circumstances; and
(b) require the nominator or nominee to
provide any further information.
(6) After considering the nomination, the Director
may
(a) approve the nomination; or
47
s. 39 No. Security-sensitive Dangerous Substances 2005
(b) refuse the nomination.
(7) However, the Director must not approve the
nomination unless
(a) a copy of it has been referred to the
Commissioner of Police; and
(b) the Commissioner of Police has notified
the Director to the effect that there is no
objection, on security grounds, to the
nominee being a responsible worker for
the SSDS permit; and
(c) the Director is satisfied that the nominee
has attained the age of 18 years; and
(d) the Director is satisfied that the nominee
is a fit and proper person to be a
responsible worker for the SSDS permit.
(8) Section 16 has the same application to a
nomination under this section as it has to an
application for an SSDS permit.
(9) If the nomination is approved
(a) the nominee becomes a responsible
worker for the permit; and
(b) the Director is to notify the nominator of
the approval, make an appropriate entry
in the register and take the action
required by section 37.
(10) If the nomination is refused, the Director is to
notify the nominator and the nominee of
(a) the refusal; and
48
2005 Security-sensitive Dangerous Substances No. s. 40
(b) subject to section 73, the reasons for the
refusal; and
(c) the nominator's and nominee's right of
review.
40. Responsible workers cessation and changes of
name
(1) The holder of an SSDS permit must notify the
Director within 7 days if
(a) a responsible worker for the permit
changes his or her name; or
(b) a responsible worker for the permit
ceases to work for the holder of the
permit; or
(c) a responsible worker for the permit
ceases, other than temporarily, to have
any involvement with the authorised
SSDS or authorised restricted activity; or
(d) a prescribed event happens to or in
connection with a responsible worker for
the permit.
Penalty: Fine not exceeding 50 penalty units.
(2) On being so notified, the Director is to make an
appropriate entry in the register.
49
s. 41 No. Security-sensitive Dangerous Substances 2005
41. Responsible workers revocation of status
(1) The Director may revoke a person's status as a
responsible worker for an SSDS permit if the
Director believes on reasonable grounds that
(a) the person has ceased to have any
involvement with the authorised SSDS or
authorised restricted activity or has
ceased working for the holder of the
permit; or
(b) the person has been negligent in carrying
out or supervising the authorised
restricted activity; or
(c) the person has contravened or been
responsible for other persons
contravening the conditions of the
permit; or
(d) the person is not mentally fit to continue
as a responsible worker for the permit; or
(e) the person has given, or been responsible
for the giving of, false or misleading
information to the Director or an
authorised officer in connection with an
application or nomination or about
another matter under this Act; or
(f) the holder of the permit has given the
Director or an authorised officer false or
misleading information about the person;
or
(g) the person has contravened this Act, a
related State law or a corresponding
Australian law; or
50
2005 Security-sensitive Dangerous Substances No. s. 41
(h) the person has contravened a direction
under Division 6; or
(i) the person has, either in this State or
elsewhere, committed an offence
involving
(i) violence or weapons; or
(ii) dishonesty; or
(iii) the obstruction or intimidation of
persons exercising statutory
powers or functions; or
(j) the person has, either in this State or
elsewhere, committed an offence of
another kind that calls into question his
or her fitness to continue as a responsible
worker for the permit; or
(k) the revocation is prudent or necessary
having regard to a security threat.
(2) The Director must revoke a person's status as a
responsible worker for an SSDS permit if the
person is convicted of a terrorism offence.
(3) The revocation takes effect as soon as the person
whose status as a responsible worker is being
revoked, and the holder of the SSDS permit,
have both been notified of
(a) the revocation; and
(b) subject to section 73, the reasons for the
revocation; and
(c) their respective rights of review.
(4) Also, the Director is to
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s. 42 No. Security-sensitive Dangerous Substances 2005
(a) notify the Commissioner of Police of the
revocation; and
(b) make an appropriate entry in the register.
42. Production of identity cards, and associated
deceptions
(1) A responsible worker for an SSDS permit must
immediately produce his or her identity card for
inspection if required to do so by an authorised
officer.
(2) A person must not produce to an authorised
officer a document that is, or purports to be, an
identity card with the intention of falsely
representing to the authorised officer that the
person is the holder of the identity card.
(3) A person must not, with intention to deceive,
produce to an authorised officer an identity card
that has been altered in a material respect or a
document that resembles an identity card.
(4) A responsible worker for an SSDS permit must
not cause or allow his or her identity card to be
used in a manner calculated to deceive an
authorised officer.
(5) A person who contravenes subsection (1), (2),
(3) or (4) is guilty of an offence.
Penalty: Fine not exceeding 50 penalty units.
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2005 Security-sensitive Dangerous Substances No. s. 43
Division 6 Directions
43. Directions to furnish reports
(1) The Director may direct the holder of an SSDS
permit to give the Director a report about any
matter concerning the permit.
(2) Without limiting the generality of subsection (1),
and depending on the circumstances, the
direction may be to report about any, or any
combination, of the following:
(a) the continued need for the permit;
(b) any breach of security or other incident
concerning the authorised SSDS or
authorised restricted activity;
(c) any commercial or other dealing
involving the authorised SSDS;
(d) any security drill carried out under the
security plan;
(e) any practical or compliance problems
with the conditions of the permit;
(f) supervisory or security arrangements for
any matter relating to the permit;
(g) the characteristics or adequacy of any
equipment, facility or system.
44. Directions to furnish medical reports
(1) This section applies if the Director reasonably
suspects that the holder of an SSDS permit or a
53
s. 45 No. Security-sensitive Dangerous Substances 2005
responsible worker for the permit is not, on
health grounds, fit to hold the permit or be a
responsible worker for the permit.
(2) The Director may direct the holder of the SSDS
permit or the responsible worker for the permit
to
(a) have a medical examination of a kind
specified in the direction; and
(b) furnish the Director with a report of that
examination.
(3) The cost of the medical examination is to be met
by the person who is directed to have it.
(4) The Director must
(a) keep the medical report in such manner
as will ensure its confidentiality; and
(b) not, except as may be reasonably
necessary for the purposes of this Act,
disclose the contents of the medical
report to any person without the consent
of the person medically examined; and
(c) return the medical report, or, if it cannot
for any reason be returned, destroy it
once it is no longer needed for the
purposes of this Act.
45. Directions to respond to security threats
(1) The Director or an authorised officer, on the
instructions of the Commissioner of Police, may
direct the holder of an SSDS permit to take
specified actions to respond to a security threat.
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2005 Security-sensitive Dangerous Substances No. s. 45
(2) Without limiting the generality of subsection (1),
and depending on the circumstances, the
direction may be to do any, or any combination,
of the following:
(a) do an immediate inventory of, and
account for, all stocks of the authorised
SSDS;
(b) isolate, centralise or disperse the stock of
authorised SSDS;
(c) place the stock of authorised SSDS under
watch or close guard;
(d) temporarily transfer some or all of the
stock of authorised SSDS to a secure
facility;
(e) change a method of storage or
containment;
(f) change locks, passes or access codes;
(g) change an itinerary, routine or timetable;
(h) install or upgrade fences, barriers or
lighting;
(i) check the readiness and effectiveness of
any security equipment;
(j) modify the way in which the authorised
restricted activity is carried out or
supervised;
(k) deny access to the authorised SSDS, or
information about that SSDS, to a
specified person;
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s. 46 No. Security-sensitive Dangerous Substances 2005
(l) speed up or defer the taking of any
decision or action;
(m) stop a responsible worker from carrying
out, or supervising, all or part of the
authorised restricted activity;
(n) stop another worker from carrying out all
or part of the authorised restricted
activity;
(o) audit production, order, despatch,
delivery, freight or similar documents
relating to the authorised SSDS or
authorised restricted activity.
46. Directions to take corrective actions
(1) The Director may direct the holder of an SSDS
permit to take specified corrective actions if the
Director believes on reasonable grounds that
(a) this Act has been or is being contravened
by any person in relation to the permit; or
(b) the conditions of the permit have been or
are being contravened by any person; or
(c) there has been negligence on the part of
any person in relation to the authorised
SSDS or authorised restricted activity.
(2) Without limiting subsection (1), and depending
on the circumstances, the direction may be to do
any, or any combination, of the following:
(a) conduct a training course for responsible
workers;
56
2005 Security-sensitive Dangerous Substances No. s. 46
(b) reprimand a responsible worker or other
worker;
(c) stop a responsible worker from carrying
out, or supervising, all or part of the
authorised restricted activity;
(d) stop another worker from carrying out all
or part of the authorised restricted
activity;
(e) put in place, or improve, any
supervisory, compliance or auditing
procedure relating to the authorised
SSDS or authorised restricted activity;
(f) revise the security plan for the authorised
SSDS and authorised restricted activity;
(g) carry out, and furnish the Director with,
an independent study or audit of any
system;
(h) revise any recruitment or training
procedures;
(i) conduct a security drill;
(j) furnish periodic returns, about a matter
relating to the authorised SSDS permit or
authorised restricted activity, to the
Director or an authorised officer.
(3) The Director may exercise his or her power to
give a corrective direction under this section in
addition to, or as an alternative to, any other
action (short of cancellation of the relevant
SSDS permit) that may be taken in relation to
the conduct to which the direction relates.
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47. Procedure for giving directions
(1) A direction under this Division may be given to
a person orally or in writing.
(2) However, if the direction is given to the person
orally, the giver of the direction is to give the
person written confirmation of the direction
within 3 days.
(3) An authorised officer is, as soon as practicable
after giving a direction under this Division, to
inform the Director of
(a) the giving of the direction; and
(b) why it was given; and
(c) its content.
(4) A failure to comply with subsection (2) or (3)
does not affect the validity of a direction.
(5) A direction under this Division must specify
when the actions specified in the direction are
required to be taken.
(6) For the purposes of subsection (5), a timing
requirement may be specified by reference to a
date, event, period or other factor.
48. Offence not to comply with directions
A person who is given a direction under this
Division must comply with that direction.
Penalty: In the case of
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2005 Security-sensitive Dangerous Substances No. s. 49
(a) a body corporate, a fine not
exceeding 500 penalty units
and, in the case of a continuing
offence, a further fine not
exceeding 5 penalty units for
each day during which the
offence continues; and
(b) an individual, a fine not
exceeding 250 penalty units
and, in the case of a continuing
offence, a further fine not
exceeding 2.5 penalty units for
each day during which the
offence continues.
49. Taking action to forestall security threats if
directions not complied with
(1) This section applies if
(a) the holder of an SSDS permit (in this
section referred to as "the delinquent
permit holder") fails to comply with a
direction under section 45; and
(b) the Director, having regard to the nature
of the direction and the nature,
seriousness and urgency of the relevant
security threat, believes on reasonable
grounds that the failure to comply poses
a clear and present danger to State
security or public safety.
(2) The Director, or an authorised officer acting with
the express approval of the Director, may
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(a) enter and remain on premises to which
the direction applies without consent or a
warrant (if necessary using assistance
and reasonable force) even if the
premises are unattended or a residence;
and
(b) stop all or part of a restricted activity
from being carried out on the premises;
and
(c) secure any SSDS on the premises (if
necessary by temporarily removing the
SSDS and its container to a secure
facility); and
(d) take all or any of the actions that were
supposed to have been taken in respect of
the premises pursuant to the direction;
and
(e) take any other actions that the Director
(or authorised officer) considers on
reasonable grounds to be necessary or
expedient to forestall the security threat.
(3) The costs, if any, reasonably incurred by the
Director (or authorised officer) in acting to
forestall the security threat under subsection (2)
may be recovered from the delinquent permit
holder as a debt due to the Crown.
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2005 Security-sensitive Dangerous Substances No. s. 50
Division 7 Reporting
50. Loss or theft of SSDS, &c., to be reported
(1) The holder of an SSDS permit must notify the
Director and the Commissioner of Police
immediately if
(a) any quantity of the authorised SSDS
(i) is, or appears to have been,
stolen; or
(ii) is damaged or destroyed other
than as authorised by the permit;
or
(iii) is lost or cannot be accounted for;
or
(b) a person attempts to steal, damage or
destroy any quantity of the authorised
SSDS; or
(c) a person steals, destroys or falsifies, or
attempts to steal, destroy or falsify,
records relating to the authorised SSDS;
or
(d) any threat or improper inducement
apparently involving the authorised
SSDS is made against or to the holder of
the SSDS permit; or
(e) the holder of the SSDS permit knows of
any threat or improper inducement,
apparently involving the authorised
SSDS, being made against or to a
responsible worker or other worker, a
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close associate or, if the permit holder is
a natural person, a relative.
Penalty: Fine not exceeding 100 penalty units.
(2) A notification under subsection (1)
(a) may be given orally or in writing; and
(b) is to be supported by such relevant
particulars (including particulars of any
responsive actions) as are known to the
holder of the SSDS permit.
(3) The holder of an SSDS permit who notifies the
Director and the Commissioner of Police of a
matter under subsection (1) must give the
Director and that Commissioner such particulars
as the Director or that Commissioner may
require concerning the matter.
Penalty: Fine not exceeding 100 penalty units.
(4) The holder of an SSDS permit must, within 7
days after giving the Director and the
Commissioner of Police an oral notification
under subsection (1), give the Director and that
Commissioner written confirmation of the oral
notification.
Penalty: Fine not exceeding 50 penalty units.
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2005 Security-sensitive Dangerous Substances No. s. 51
PART 3 ADMINISTRATION AND ENFORCEMENT
51. Powers of Director
(1) The Director
(a) has the powers conferred on the Director
by this Act; and
(b) has power to do all things necessary or
convenient to be done to exercise those
powers.
(2) The Director
(a) may exercise all of the powers of an
authorised officer; and
(b) when doing so, has all the immunities of
an authorised officer.
52. Appointment of authorised officers
(1) The Director, by instrument in writing, may
appoint persons to be authorised officers if the
Director is satisfied that they have the
qualifications to exercise the powers of that
office competently.
(2) The persons so appointed may be
(a) State Service officers or State Service
employees employed in the Department;
or
(b) with the consent of the Head of another
State Service Agency, State Service
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officers or State Service employees
employed in that other Agency; or
(c) with the consent of the Commissioner of
Police, police officers.
(3) If a State Service officer or State Service
employee is appointed as an authorised officer
(a) he or she holds that office in conjunction
with State Service employment; and
(b) duties that he or she performs as an
authorised officer are taken to be part of
his or her duties as a State Service officer
or State Service employee.
(4) If a police officer is appointed as an authorised
officer
(a) he or she holds that office in conjunction
with police employment; and
(b) duties that he or she performs as an
authorised officer are taken to be part of
his or her duties as a police officer.
(5) A person who is not a State Service officer, State
Service employee or police officer is not capable
of being given an appointment under
subsection (1).
(6) However, the Director may authorise a person
who is not a State Service officer, State Service
employee or police officer to exercise the
powers of an authorised officer if the Director is
satisfied that the person has the qualifications to
do so competently.
(7) In this section
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2005 Security-sensitive Dangerous Substances No. s. 53
"person" includes a class of persons.
53. Powers of authorised officers
(1) An authorised officer
(a) has the powers conferred on authorised
officers by this Act; and
(b) has power to do all things necessary or
convenient to be done to exercise those
powers.
(2) However, an appointment or authorisation under
section 52 may specify that the appointment or
authorisation is subject to conditions or
restrictions relating to
(a) the powers that are exercisable by the
person appointed or authorised; or
(b) when, where and in what circumstances
that person may exercise powers.
(3) Also, a person appointed or authorised under
section 52 is subject to the directions of the
Director in exercising powers.
54. Identification of authorised officers
(1) The Director
(a) is to issue an identity card to each
authorised officer who is not a police
officer; and
(b) may issue an identity card to each
authorised officer who is a police officer.
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(2) The identity card is to
(a) be in an approved form; and
(b) contain a recent photograph of the
authorised officer; and
(c) contain the prescribed particulars, if any.
(3) When a person ceases to be an authorised officer
the Director is to retrieve the person's identity
card, if issued, as soon as practicable.
(4) An authorised officer who is not a police officer
must
(a) carry his or her identity card while
carrying out duties under this Act; and
(b) if practicable, produce the identity card
before exercising a power of an
authorised officer.
(5) A police officer who is exercising or about to
exercise a power of an authorised officer must, if
practicable, comply with a request to identify
himself or herself by
(a) producing the officer's police
identification, or authorised officer
identity card, if issued; or
(b) stating orally or in writing the officer's
name, rank and place of duty, or the
officer's identification number.
(6) This section does not prevent the issue of a
single identity card to a person for this Act or
other Acts.
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2005 Security-sensitive Dangerous Substances No. s. 55
55. Delegation of Director's powers to authorised
officers
The Director may delegate to an authorised
officer any of the Director's powers under this
Act except
(a) the power of appointment or
authorisation under section 52; or
(b) the power of authorisation under
section 65; or
(c) this power of delegation.
56. General powers of inspection, &c., of authorised
officers
(1) An authorised officer may enter and search any
premises if the authorised officer believes on
reasonable grounds that the entry and search is
necessary in order to
(a) check whether this Act is being complied
with; or
(b) check whether the conditions of an SSDS
permit are being complied with; or
(c) check on the security or condition of an
SSDS; or
(d) check on the security of a restricted
activity in relation to an SSDS; or
(e) assess or respond to a security threat.
(2) However, if the premises are unattended or are a
residence, the authorised officer may only enter
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them with the consent of the occupier or under
the authority of a warrant issued by a magistrate.
(3) Schedule 3 has effect in relation to the issue,
execution, effect and expiry of warrants for the
purposes of this section.
(4) Despite subsection (2), an authorised officer may
enter and search premises, whether attended or
not and whether or not a residence, and without
consent or a warrant, if he or she believes on
reasonable grounds that
(a) an urgent security threat exists as a result
of anything occurring, or failing to occur,
at the premises in relation to an SSDS;
and
(b) the authorised officer needs to assess or
respond to the security threat urgently;
and
(c) seeking consent or a warrant would
jeopardise or unreasonably delay that
assessment or response.
(5) If an authorised officer believes on reasonable
grounds that a vehicle has been, is being or is
likely to be used in connection with an SSDS or
restricted activity, the officer may, for a relevant
purpose
(a) stop or detain the vehicle or cause the
vehicle to be stopped or detained; and
(b) search the vehicle for an SSDS or for
documents, equipment or other things
relating to an SSDS or restricted activity.
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2005 Security-sensitive Dangerous Substances No. s. 56
(6) If an authorised officer believes on reasonable
grounds that a vehicle or equipment has been, is
being or is likely to be used in connection with
an SSDS or restricted activity, the officer may,
for a relevant purpose, direct a person in charge
or apparently in charge of the vehicle or
equipment to move the vehicle or equipment, or
to cause it to be moved, to a suitable location for
inspection.
(7) If the inspection is not to take place
immediately, the direction is to be given by
notice in writing specifying the time, date and
location for the inspection.
(8) An authorised officer may carry out an
inspection of the kind referred to in
subsection (6) without notice if the authorised
officer believes on reasonable grounds that an
urgent security threat exists.
(9) An authorised officer may, to find out whether
this Act is being complied with, take samples, or
direct a person in charge of premises or a vehicle
or equipment referred to in subsection (1), (4),
(5) or (6) or another person capable of doing so
to give samples, of a substance for examination
and testing if the authorised officer believes on
reasonable grounds that the substance is an
SSDS or goods that are connected with an
SSDS.
(10) If subsection (9) applies, the authorised officer
must give a receipt in an approved form to the
person who
(a) appears to be in charge of the premises,
vehicle or equipment from or in respect
of which the sample is taken; or
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(b) gives the sample.
(11) An authorised officer may, for a relevant
purpose, direct a person in charge or apparently
in charge of premises or a vehicle or equipment
referred to in subsection (1), (4), (5) or (6) to
produce documents.
(12) The authorised officer may make copies of the
documents, or remove them to make copies, but
if they are removed the authorised officer must
(a) if it is practicable to do so, allow the
person otherwise entitled to possession
of the documents reasonable access to
them; and
(b) give a receipt in an approved form.
(13) An authorised officer may, for a relevant
purpose, leave at premises written directions to
the occupier requiring the occupier, within a
specified time
(a) to give, for examination and testing,
samples of a substance the authorised
officer believes on reasonable grounds to
be an SSDS; or
(b) to produce documents that may help the
authorised officer.
(14) An authorised officer may, for a relevant
purpose, direct a person to answer questions that
may help the authorised officer.
(15) An authorised officer may make photographic,
mechanical or electronic recordings for a
purpose incidental to the exercise of a power of
the authorised officer under this section.
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2005 Security-sensitive Dangerous Substances No. s. 57
(16) In this section
"relevant purpose" means a purpose
specified in subsection (1)(a), (b), (c), (d)
or (e)
57. Authorised officers may require names and
addresses
(1) An authorised officer may require a person to
state the person's name, age and address if the
authorised officer believes on reasonable
grounds that the person has been involved with
an SSDS or in carrying out a restricted activity
in relation to an SSDS.
(2) When making the requirement, the authorised
officer must warn the person that it is an offence
to fail to state the person's name, age and
address unless the person has a reasonable
excuse.
(3) The authorised officer may require the person to
give evidence of the correctness of the stated
name, age or address if the authorised officer
suspects on reasonable grounds that the stated
name, age or address is false.
(4) A person must comply with a requirement made
of the person by an authorised officer under
subsection (1) or (3), unless the person has a
reasonable excuse for not complying with it.
Penalty: Fine not exceeding 10 penalty units.
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58. Powers of authorised officers regarding suspected
offences
(1) This section applies if an authorised officer
believes on reasonable grounds that he or she
will find evidence of an offence against this Act
at premises, including on a vehicle or equipment
at the premises.
(2) The authorised officer may enter the premises
and may
(a) search for or test the evidence; and
(b) do whatever is necessary to preserve the
evidence, including placing it under seal,
lock or guard; and
(c) seize the evidence.
(3) However, if the premises are unattended or are a
residence, the authorised officer may only enter
them with the consent of the occupier or under
the authority of a warrant issued by a magistrate.
(4) Schedule 3 has effect in relation to the issue,
execution, effect and expiry of warrants for the
purposes of this section.
(5) Without limiting subsection (2), the authorised
officer may
(a) stop or detain the vehicle or cause the
vehicle to be stopped or detained; or
(b) search the vehicle or equipment; or
(c) direct a person in charge or apparently in
charge of the vehicle or equipment to
move the vehicle or equipment, or to
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2005 Security-sensitive Dangerous Substances No. s. 59
cause it to be moved, to a suitable
location for inspection.
(6) The authorised officer may direct a person in
charge or apparently in charge of the premises,
vehicle or equipment or another person capable
of doing so to give samples of a substance for
examination and testing.
59. Authorised officers to restore premises, &c., to
original condition after inspections
(1) After inspecting premises, a vehicle or
equipment under section 56 or 58, an authorised
officer must take reasonable steps to return the
premises, vehicle or equipment to the condition
they were in immediately before the inspection.
(2) No action lies against an authorised officer, the
Director or the Crown in relation to the failure
by an authorised officer to comply with
subsection (1).
60. Offence to obstruct, &c., authorised officers
A person must not
(a) obstruct or hinder; or
(b) threaten; or
(c) attempt to intimidate; or
(d) attempt to improperly influence
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an authorised officer, or a person assisting the
authorised officer, in the exercise of a power of
the authorised officer under this Act.
Penalty: In the case of
(a) a body corporate, a fine not
exceeding 200 penalty units;
and
(b) an individual, a fine not
exceeding 100 penalty units or
imprisonment for a term not
exceeding 3 months.
61. Offence to fail to comply with authorised officer's
directions
A person must comply with a direction given to
the person by an authorised officer under
section 56 or 58, unless the person has a
reasonable excuse for not complying with it.
Penalty: In the case of
(a) a body corporate, a fine not
exceeding 200 penalty units;
and
(b) an individual, a fine not
exceeding 100 penalty units or
imprisonment for a term not
exceeding 3 months.
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2005 Security-sensitive Dangerous Substances No. s. 62
62. Self-incrimination no excuse
A person is not excused from answering a
question asked under section 56 on the ground
that the answer to the question might tend to
incriminate the person, but, except for a
corporation
(a) the answer to the question; or
(b) any information, document or thing
obtained as a direct or indirect
consequence of the answer to the
question
is not admissible in evidence against the person
in proceedings other than proceedings for an
offence against section 61.
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PART 4 OFFENCE PROCEEDINGS AND RELATED
MATTERS
63. Time limit for prosecuting offences
Proceedings for an offence against this Act may
be commenced not later than 12 months after the
date on which the offence is alleged to have been
committed.
64. Authorised officers may prosecute offences
A prosecution for an offence against this Act
may, but is not required to, be brought by an
authorised officer.
65. Analysts
(1) The Director, by instrument in writing, may
authorise appropriately qualified persons to
perform analyses for the purposes of this Act.
(2) A person so authorised may, but is not required
to, be
(a) a person in State Service employment; or
(b) a person appointed or employed by the
Commonwealth.
(3) If a State Service officer or State Service
employee is so authorised, he or she may
perform analyses for the purposes of this Act in
conjunction with State Service employment.
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2005 Security-sensitive Dangerous Substances No. s. 66
66. Evidentiary matters
(1) In any proceedings, the production of a
certificate purporting to be signed by the
Director and stating that, at a time specified in
the certificate
(a) a specified person was or was not the
holder of an SSDS permit; or
(b) a specified person was or was not a
responsible worker for an SSDS permit;
or
(c) a specified SSDS permit was or was not
suspended or was or was not otherwise in
force; or
(d) a specified SSDS permit was subject to
specified conditions
is evidence of the matters stated in the
certificate.
(2) In any proceedings, the production of a report
purporting to be signed by an analyst and
stating
(a) that at a specified time the analyst took
or received a specified sample from a
specified person; and
(b) that at a specified time and place the
analyst analysed the sample; and
(c) what the results of the analysis were
is evidence of the matters stated in the report.
(3) In any proceedings, it is not necessary to prove
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(a) the appointment of the Director or an
authorised officer; or
(b) an authorisation under section 52(6); or
(c) the authorisation or qualifications of an
analyst.
(4) In any proceedings
(a) it is not necessary to prove the authority
of the Director or an authorised officer to
do anything under this Act; and
(b) a signature purporting to be that of the
Director or an authorised officer is
evidence of the signature it purports to
be.
(5) In any proceedings, evidence about an entry in
the register does not constitute evidence of the
truth or otherwise of the matter that the entry
relates to.
(6) In this section
"analyst" means a person who is authorised
under section 65 to perform analyses for
the purposes of this Act;
"proceedings" means proceedings for an
offence against this Act;
"specified", in relation to a certificate or
report, means specified in the certificate
or report;
"time" means a time, a day or a period of
time.
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2005 Security-sensitive Dangerous Substances No. s. 67
67. Responsibility for acts or omissions of
representatives
(1) If it is relevant in any proceedings to prove a
person's state of mind about a particular act, it is
enough to establish that
(a) the act was done by a representative of
the person within the scope of the
representative's actual or apparent
authority; and
(b) the representative had the state of mind.
(2) An act done for a person by a representative of
the person within the scope of the
representative's actual or apparent authority is
taken have been done also by the person unless
the person establishes that the person could not,
by the exercise of reasonable diligence, have
prevented the act.
(3) If an individual who is convicted of an offence
against this Act would not have been so
convicted had this section not been enacted, he
or she is not liable to be punished by
imprisonment for the offence.
(4) In this section
"act" includes
(a) an omission; and
(b) a course of conduct;
"proceedings" means proceedings for an
offence against this Act;
"representative" means
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(a) for a body corporate, an officer,
employee or agent of the body
corporate; and
(b) for an individual, an employee or
agent of the individual;
"state of mind", of a person, includes
(a) the person's knowledge,
intention, opinion, belief or
purpose; and
(b) the person's reasons for the
intention, opinion, belief or
purpose.
68. Offences by bodies corporate
(1) If a body corporate commits an offence against
this Act, each person concerned in the
management of the body corporate is taken to
have also committed the offence and may be
convicted of the offence unless the person
establishes that
(a) the act or omission constituting the
offence took place without the person's
knowledge or consent; or
(b) the person used all due diligence to
prevent that act or omission by the body
corporate.
(2) A person referred to in subsection (1) may be
convicted of an offence against this Act whether
or not the body corporate is charged with or
convicted of the offence.
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2005 Security-sensitive Dangerous Substances No. s. 69
(3) For the avoidance of doubt, a person who is
authorised by a body corporate to exert any
degree of control, direction or influence over its
activities in this State is taken to be a person
concerned in the management of that body
corporate.
69. Proceedings for offences involving identity cards
In any proceedings against a person for misusing
an identity card as a responsible worker for an
SSDS permit, it is a defence if the person
establishes that he or she was never given that
identity card by the holder of the SSDS permit.
70. Recovery of investigation costs from convicted
persons
(1) A court that convicts a person of an offence
against this Act may, on application by or on
behalf of an authorised officer involved in
investigating the offence, order that, in addition
to any other penalty, the defendant must pay any
costs that were reasonably incurred in and
directly related to the investigation of the
offence.
(2) For the purposes of this section, the costs of
investigating an offence include, but are not
limited to, the costs of testing, transporting and
disposing of security-sensitive dangerous
substances.
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71. Prohibiting convicted persons from SSDS
involvement
(1) In sentencing a person for an offence against this
Act, a court may, having regard to the matters
referred to in subsection (2) and to such other
matters as it thinks fit, and in addition to
imposing any other penalty, order that the person
be prohibited for a specified period from having
any involvement, or a particular involvement,
with security-sensitive dangerous substances.
(2) The matters to which the court is to have regard
are
(a) the person's record in carrying out
restricted activities in relation to security-
sensitive dangerous substances; and
(b) any prior convictions of the person
relating to security-sensitive dangerous
substances; and
(c) the circumstances surrounding the
commission of the offence for which the
person is being sentenced.
(3) A person who contravenes an order under this
section is guilty of an offence.
Penalty: In the case of
(a) a body corporate, a fine not
exceeding 1 000 penalty units;
and
(b) an individual, a fine not
exceeding 250 penalty units or
imprisonment for a term not
exceeding 12 months.
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2005 Security-sensitive Dangerous Substances No. s. 72
72. Forfeiture
(1) If
(a) a person is convicted by a court of an
offence in relation to an SSDS; and
(b) the person owns the SSDS or the owner
cannot be identified
the court may, in addition to imposing any other
penalty, order the SSDS (and, if applicable, its
container) to be forfeited to the Crown.
(2) The SSDS so forfeited (and, if applicable, its
container) to the Crown may be destroyed, sold
or otherwise disposed of as the Director, having
regard to considerations of State security and
public safety, thinks fit.
(3) Any costs reasonably incurred in effecting the
destruction, sale or other disposal are
recoverable from the convicted person as a debt
due to the Crown.
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PART 5 MISCELLANEOUS
73. Protection of security-sensitive information
(1) If the reasons for a decision made by the
Director or another decision-maker under this
Act are based, or partly based, on security-
sensitive information
(a) the Director or other decision-maker is
not required to disclose the existence or
content of that information when
notifying a person of the decision; and
(b) it is sufficient, in any such notification, if
it is stated that the decision was made
"on security grounds".
(2) In the event of an inconsistency between
subsection (1) and any other law of the State,
subsection (1) prevails.
(3) In this section
"decision" includes a direction under
Division 6 of Part 2;
"security-sensitive information" means
information that concerns and, if publicly
disclosed, may be prejudicial to
(a) the security of the
Commonwealth or a State or
Territory; or
(b) the safety of the public or any
group or individual; or
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2005 Security-sensitive Dangerous Substances No. s. 74
(c) the operations of a law-
enforcement agency of a State or
Territory; or
(d) the operations of a law-
enforcement, security or customs
agency of the Commonwealth.
74. Applications for review of decisions
(1) A person who is aggrieved by a decision made
by the Director or an authorised officer under
this Act may apply to the Magistrates Court
(Administrative Appeals Division) for a review
of that decision.
(2) The following provisions of the Magistrates
Court (Administrative Appeals Division) Act
2001 do not apply to an application referred to in
subsection (1) if the notification given under this
Act of the relevant decision stated, pursuant to
section 73, that the decision was made on
security grounds:
(a) Division 1 of Part 4;
(b) section 21.
(3) In determining an application referred to in
subsection (1), the Magistrates Court
(Administrative Appeals Division)
(a) is to ensure that it does not, in the
reasons for its decision or otherwise,
disclose the existence or content of any
security-sensitive information; and
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(b) in order to prevent the disclosure of the
existence or content of any security-
sensitive information, is to receive
evidence and hear argument in the
absence of the public, the applicant for
review and the applicant's
representatives.
(4) In this section
"decision" includes a direction under
Division 6 of Part 2;
"security-sensitive information" has the
same meaning as in section 73.
75. Commissioner of Police may intervene in review
proceedings
(1) The Commissioner of Police may intervene in
any proceedings instituted pursuant to
section 74.
(2) When the Commissioner of Police intervenes in
proceedings, the Commissioner of Police is
taken to be a party to the proceedings and
(a) has all the rights, duties and liabilities of
such a party; and
(b) may be represented in the proceedings by
a State Service Officer, State Service
employee, authorised officer, police
officer or legal practitioner.
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76. False or misleading statements
A person must not, in giving any information
under this Act
(a) make a statement knowing it to be false
or misleading; or
(b) omit any matter from a statement
knowing that without the matter the
statement is false or misleading.
Penalty: Fine not exceeding 50 penalty units.
77. Protection from liability
(1) The Director or an authorised officer does not
incur civil liability for an act or omission done
honestly and in good faith in the course of his or
her duties under this Act.
(2) A liability that would, apart from this section,
attach to the Director or an authorised officer
attaches instead to the Crown.
78. Exemptions
(1) A person may apply to the Director to be
exempted from this Act in relation to a low-scale
restricted activity.
(2) The Director, by instrument in writing, may
grant the exemption applied for if, after
consulting the Commissioner of Police, the
Director is satisfied that
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(a) the low-scale restricted activity does not
constitute any kind of security risk; and
(b) in the circumstances, it would be
unreasonable and onerous for the person
to have to be subject to this Act in
relation to the low-scale restricted
activity.
(3) If the Director is not so satisfied, the Director is
to
(a) refuse the application; and
(b) notify the applicant of the refusal and the
applicant's right of review.
(4) An exemption may be granted
(a) on a permanent or temporary basis; and
(b) unconditionally or on such conditions as
the Director specifies in the instrument of
exemption.
(5) If the exemption is granted on conditions, the
person exempted must
(a) comply with those conditions; and
(b) put in place procedures and safeguards to
ensure that other persons comply with
those conditions.
Penalty: Fine not exceeding 50 penalty units.
(6) On granting an exemption, the Director is to
make an appropriate entry in the register.
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2005 Security-sensitive Dangerous Substances No. s. 79
(7) The Director, by notice, may revoke an
exemption at any time if he or she is satisfied on
reasonable grounds that
(a) the exemption is no longer justified or
safe; or
(b) the conditions of the exemption are not
being complied with.
(8) In this section
"low-scale restricted activity" means
(a) the acquisition, storage,
possession, handling and use of
less than 3 kilograms of an SSDS
by and for the purposes of an
educational, research or
analytical laboratory; or
(b) a prescribed restricted activity.
79. Disposal, &c., of unclaimed SSDS
(1) This section applies where
(a) the owner of an SSDS seized under this
Act is unknown; or
(b) an authorised officer reasonably believes
that an SSDS has been abandoned in a
public place.
(2) Where subsection (1)(b) applies, the authorised
officer may remove the SSDS to a place of safe-
keeping.
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(3) The Director is to make a reasonable attempt to
identify the owner of the SSDS.
(4) However, if the Director is unable to identify the
owner of the SSDS within 3 months after it is
seized or taken into safe-keeping, or no person
claims the SSDS within that period
(a) the SSDS becomes the property of the
Crown; and
(b) the SSDS may be disposed of as the
Director, having regard to considerations
of State security and public safety, thinks
fit.
(5) This section has effect regardless of whether any
proceedings are instituted in respect of the
SSDS.
(6) No action lies against the Crown for disposing of
an SSDS under this section.
80. Partnership obligations
(1) If a partnership applies for an SSDS permit, the
partners in that partnership are jointly and
severally responsible in respect of that
application.
(2) If a partnership is issued with an SSDS permit
(a) each partner in the partnership is liable to
perform the obligations imposed on the
holders of SSDS permits by the
provisions of this Act; but
(b) the discharge by one partner in the
partnership of an obligation imposed on
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2005 Security-sensitive Dangerous Substances No. s. 81
the holders of SSDS permits by a
provision of this Act is, unless the
provision implies otherwise, a discharge
by all of the partners in the partnership of
that obligation.
81. Refund of application and other fees
(1) The Director may waive or refund the whole or
any part of an application or nomination fee
payable or paid to the Director under this Act if
he or she thinks there are compelling grounds to
do so.
(2) Without limiting the generality of this, the
Director may make such a refund if the applicant
notifies the Director, before the application or
nomination is fully processed, that it is being
withdrawn.
82. Service of documents
A notice or other document is effectively given
to or served on a person under this Act if
(a) in the case of a natural person, it is
(i) handed to the person; or
(ii) left at, or sent by post to, the
person's postal or residential
address or place of business or
employment last known to the
giver or server of the notice or
document; or
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(iii) faxed to the person's fax number;
or
(iv) emailed to the person's email
address; and
(b) in the case of any other person, it is
(i) left at, or sent by post to, the
person's principal or registered
office or principal place of
business; or
(ii) faxed to the person's fax number;
or
(iii) emailed to the person's email
address.
83. Regulations
(1) The Governor may make regulations for the
purposes of this Act.
(2) Without limiting the generality of subsection (1),
the regulations may prescribe requirements that
must be met in relation to security plans for the
purposes of section 9(2)(b) and section 12(c).
(3) The regulations may be made so as to apply
differently according to such factors as are
specified in the regulations.
(4) The regulations may authorise any matter to be
from time to time determined by the Director or
an authorised officer.
(5) The regulations may provide for any matter by
incorporating, either specifically or by reference
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2005 Security-sensitive Dangerous Substances No. s. 84
and either wholly or in part and with or without
modification, any code, standards, guidelines,
rules or specifications relevant to any security-
sensitive dangerous substances or their security,
whether as in force at a particular time or as
from time to time amended and whether
published or issued before or after the
commencement of this Act.
84. Amendment of Schedules
(1) The Governor, by order, may amend Schedule 1
by doing any one or more of the following:
(a) adding an item to the Schedule;
(b) omitting an item from the Schedule;
(c) omitting a Part or item from the Schedule
and substituting another Part or item.
(2) The Governor, by order, may amend Schedule 2
by doing one or more of the following:
(a) adding an item to the Schedule;
(b) omitting an item from the Schedule;
(c) omitting an item from the Schedule and
substituting another item;
(d) amending an item in the Schedule by
doing one or more of the following:
(i) adding a paragraph to the item;
(ii) omitting a paragraph from the
item;
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(iii) omitting a paragraph from the
item and substituting another
paragraph.
(3) For the avoidance of doubt, an item added to or
substituted in Part 2 of Schedule 1 pursuant to
subsection (1) may, but is not required to,
prescribe a substance to be an SSDS without
qualification or by reference to
(a) a concentration, quality or form of the
substance; or
(b) a formulation, mixture or compound of
the substance; or
(c) any other state, characteristic or quality
of the substance; or
(d) matters, limitations or restrictions,
whether as to time, circumstance or
otherwise, specified in the item.
(4) The provisions of section 47(3), (3A), (4), (5),
(6) and (7) of the Acts Interpretation Act 1931
apply to an order under this section as if the
order were regulations within the meaning of
that Act.
(5) An order under subsection (1) is not an
instrument of a legislative character for the
purposes of the Subordinate Legislation Act
1992.
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2005 Security-sensitive Dangerous Substances No. s. 85
85. Review of operation of Act
(1) The Minister is to cause an independent review
of the operation of this Act to be undertaken as
soon as practicable after 1 July 2010.
(2) The person who undertakes the review is to give
the Minister a written report on the outcome of
the review.
(3) The Minister is to cause of copy of the report to
be tabled in each House of Parliament within 10
sitting-days of that House after the report is
received by the Minister.
(4) However, this section does not apply if a
committee of either House of Parliament, or a
joint committee of both Houses of Parliament,
has reviewed the operation of this Act, or has
started such a review, before 1 July 2010.
86. Administration of Act
Until provision is made in relation to this Act
under section 4 of the Administrative
Arrangements Act 1990
(a) the administration of this Act is assigned
to the Minister for Infrastructure, Energy
and Resources; and
(b) the department responsible to that
Minister in relation to the administration
of this Act is the Department of
Infrastructure, Energy and Resources.
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87. Transitional provision
The transitional provision set out in Schedule 4
has effect.
88. Consequential Amendments
The legislation specified in Schedule 5 is
amended as specified in that Schedule.
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2005 Security-sensitive Dangerous Substances No. sch. 1
SCHEDULE 1 SECURITY-SENSITIVE DANGEROUS
SUBSTANCES
Section 4
PART 1 INTERPRETATION
1. In this Schedule
"ADG Code" means the Australian Code for
the Transport of Dangerous Goods by
Road and Rail published by the
Commonwealth, as from time to time
amended;
"explosive" means a substance that is
classified as Class 1 dangerous goods
under the ADG Code;
"UN number", of a substance, means the
unique identifying serial number listed in
the ADG Code for a substance of the
same kind.
PART 2 SECURITY-SENSITIVE DANGEROUS
SUBSTANCES
1. Ammonium nitrate that
(a) has one of the following UN numbers:
1942, 2067, 2068, 2069, 2070, 2071,
2072, 3139, 3375; and
(b) is not an explosive.
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2. Ammonium nitrate emulsions that
(a) contain more than 45% ammonium
nitrate; and
(b) do not have a UN number; and
(c) are not explosives.
3. Ammonium nitrate mixtures that
(a) contain more than 45% ammonium
nitrate; and
(b) do not have a UN number; and
(c) are not explosives.
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2005 Security-sensitive Dangerous Substances No. sch. 2
SCHEDULE 2 GUIDELINES FOR DETERMINING
LEGITIMATE NEED FOR SSDS PERMIT
Section 12
1. Prima facie, the use of an SSDS for the
following purposes will not constitute a
legitimate need to have an SSDS permit:
(a) agriculture or horticulture;
(b) film-making;
(c) fireworks displays or other forms of
public or private entertainment;
(d) household or domestic purposes;
(e) journalism;
(f) public demonstrations of explosives;
(g) the maintenance of sports grounds,
public parks and gardens or other
recreational facilities.
2. Prima facie, the use of an SSDS for the
following purposes will constitute a legitimate
need to have an SSDS permit:
(a) academic, scientific or industrial
research;
(b) building construction or building
demolition work;
(c) commercial production processes;
(d) forestry operations;
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(e) manufacturing, smelting or refining;
(f) mining;
(g) quarrying;
(h) roadworks;
(i) tertiary education (in science and
engineering);
(j) transportation, distribution and storage
connected with any of the above.
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2005 Security-sensitive Dangerous Substances No. sch. 3
SCHEDULE 3 PROVISIONS WITH RESPECT TO
WARRANTS
Section 56(3) and section 58(4)
1. Interpretation
In this Schedule
"issuing magistrate", in relation to a warrant,
means the magistrate who issues the
warrant;
"occupier" includes a person in charge of
premises.
2. Application for warrant in standard situation
(1) An application to a magistrate for a warrant is to
be in writing.
(2) The magistrate may issue the warrant if satisfied
that there are reasonable grounds for doing so.
(3) However, the magistrate must not issue the
warrant unless
(a) the application for the warrant sets out
the grounds for seeking the warrant; and
(b) the applicant for the warrant has given
the magistrate, either orally or in writing,
any further information that the
magistrate requires concerning the
grounds for seeking the warrant; and
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(c) the information given by the applicant is
verified before the magistrate on oath or
by affidavit.
(4) The warrant is to be in such form as the issuing
magistrate determines but it must at least
specify
(a) when the warrant is issued; and
(b) the premises it authorises to be entered;
and
(c) whether entry is authorised to be made at
any time or only during certain hours;
and
(d) any conditions that the warrant is subject
to; and
(e) when the warrant ceases to have effect.
3. Warrant may be applied for and issued by
telephone, &c., in urgent situation
(1) Despite clause 2, an authorised officer may
apply to a magistrate for a warrant by telephone
or radio if the authorised officer believes that the
urgency of the situation requires it.
(2) The magistrate may complete and sign the
warrant in the same way as for a warrant applied
for in person if satisfied that
(a) there are reasonable grounds for issuing
the warrant urgently; and
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(b) it is not practicable in the circumstances
for the authorised officer to apply for the
warrant in person.
(3) The issuing magistrate is to
(a) inform the authorised officer of
(i) the terms of the warrant; and
(ii) the date on which, and the time at
which, the warrant was signed;
and
(iii) the date on which, and the time at
which, the warrant ceases to have
effect; and
(b) record on the warrant the reasons for
issuing it.
(4) The authorised officer is to
(a) complete a form of warrant in the same
terms as the warrant signed by the
issuing magistrate; and
(b) write on the form
(i) the name of the issuing
magistrate; and
(ii) the date on which, and the time at
which, the warrant was signed;
and
(c) send the completed form of warrant to
the issuing magistrate not later than the
day after the warrant is executed or
ceases to have effect.
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(5) On receipt of the form of warrant, the issuing
magistrate is to attach it to the warrant that the
magistrate signed.
(6) The form of warrant completed by the authorised
officer has the same force as the warrant signed
by the issuing magistrate.
4. Record of proceedings before issuing magistrate
A magistrate who issues a warrant is to cause a
record to be made of all relevant particulars of
the grounds the magistrate has relied on to
justify the issue of the warrant.
5. Expiry of warrant
A warrant ceases to have effect
(a) on the date specified in the warrant as the
date on which it ceases to have effect; or
(b) if it is withdrawn before that date by the
issuing magistrate; or
(c) after it has been executed; or
(d) if the person to whom it is issued ceases
to be an authorised officer
whichever occurs first.
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6. Report to issuing magistrate following execution of
warrant, &c.
(1) An authorised officer who is issued with a
warrant must furnish a report in writing to the
issuing magistrate
(a) stating whether or not the warrant has
been executed; and
(b) if the warrant has been executed, setting
out briefly the result of the execution of
the warrant, including a brief description
of anything seized; and
(c) if the warrant has not been executed,
setting out briefly the reasons why it has
not been executed.
(2) The report is to be furnished within 10 days after
the warrant has been executed or expires,
whichever occurs first.
7. Death, absence, &c., of issuing magistrate
If the magistrate who issued a warrant has died,
has ceased to be a magistrate or is absent, a
report that is required to be furnished to that
magistrate
(a) must still be made; but
(b) may be furnished to any other magistrate.
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8. Duty to show warrant
An authorised officer who is executing a warrant
must produce it for inspection by an occupier of
the premises if requested to do so by that
occupier.
9. Assistance and use of force in executing warrant
(1) An authorised officer may execute a warrant
using such assistance as the authorised officer
considers necessary.
(2) Except as may be otherwise provided by the
terms of the warrant, an authorised officer may
execute a warrant using such force as may
reasonably be required in the circumstances.
10. Defect in warrant
A warrant is not invalidated by any defect that
does not affect its substance in a material
particular.
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SCHEDULE 4 TRANSITIONAL PROVISION
Section 87
1. Section 8 prosecutions
No proceedings are to be instituted against a
person for a contravention of section 8 that
occurs during the 6-month period immediately
following the day on which this Act commences.
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SCHEDULE 5 CONSEQUENTIAL AMENDMENTS
Section 88
Annulled Convictions Act 2003
1. Schedule 1 is amended by inserting after Part 7
the following Part:
PART 7A HAZARDOUS SUBSTANCES AND ACTIVITIES
1. SSDS permit under the Security-sensitive
Dangerous Substances Act 2005.
2. Responsible worker within the meaning
of the Security-sensitive Dangerous
Substances Act 2005.
Workplace Health and Safety Act 1995
1. Section 33(2) is amended by omitting "this Act"
and substituting "this or any other Act".
108 Government Printer, Tasmania