DANGEROUS GOODS ACT 1985 - SECT 21A Special provisions for HCDG and explosives licences

DANGEROUS GOODS ACT 1985 - SECT 21A

    (1)     If the regulations require a person to hold a licence to manufacture, transport or store explosives or high consequence dangerous goods, the Authority may require—

        (a)     the applicant to provide a security plan for the activities to be covered by the licence;

        (b)     the licensee, at any time during the currency of the licence, to provide a security plan for the activities covered by the licence.

    (2)     The security plan must—

        (a)     be based on a risk assessment of those activities; and

        (b)     contain the prescribed particulars.

    (3)     The Authority must not issue a licence to import, export, manufacture, store, sell, supply, use, handle, transfer, transport or dispose of high consequence dangerous goods unless the Authority is of the opinion that—

        (a)     the applicant for the licence, if a natural person—

              (i)     is of the age required by the Authority for the licence applied for; and

              (ii)     has provided specified proof of identity; and

              (iii)     has provided consent and sufficient information for the Authority to obtain known information concerning the person to determine whether the person has satisfied the requirements prescribed by the regulations to hold an HCDG licence; and

        (b)     the applicant for the licence, if a body corporate—

              (i)     has provided details of the incorporation of the body; and

              (ii)     has provided specified proof of identity of such of the directors and persons concerned in the management of the body corporate that are required by the Authority; and

              (iii)     such of the directors and the persons concerned in the management of the body corporate that are required by the Authority have provided their consent and sufficient information for the Authority to obtain known information concerning the director or person to determine whether they have satisfied the requirements prescribed by the regulations to be a director or person concerned in the management of a body corporate that holds an HCDG licence; and

        (c)     the applicant for the licence has provided the consent and sufficient information from any person who is to be responsible for the security of the goods under the HCDG licence for the Authority to obtain known information concerning the person to determine whether the person has satisfied the requirements prescribed by the regulations to be responsible for the security of the goods under the HCDG licence; and

        (d)     the applicant for the licence has demonstrated a need for access to the high consequence dangerous goods that is declared by Order in Council under section 9B(1B) to be a lawful need in relation to those goods; and

        (e)     the applicant for the licence has satisfied any other requirements prescribed by the regulations.

    (4)     The Authority must not issue a licence to import, export, manufacture, store, sell, use, transport, handle or transfer explosives unless the Authority is of the opinion that the requirements of subsection (3)(a), (b), (c), and (e) with necessary modifications to apply in relation to an explosives licence are satisfied.

    (5)     Nothing in this section limits any other powers of the Authority under this Act in relation to the issue of licences for dangerous goods or the powers to make regulations for or with respect to the issue of licences for dangerous goods.

    (6)     In this section—

S. 21A(6) def. of known information amended by No. 37/2014 s. 10(Sch. item 44.3).

"known information" means any records concerning a person kept by or on behalf of—

        (a)     the Chief Commissioner of Police appointed under the Victoria Police Act 2013 ; or

        (b)     any person holding a position equivalent to that of the Chief Commissioner of Police in the Commonwealth or in a State or Territory of the Commonwealth or any other country; or

        (c)     any other prescribed person or body.

"specified proof of identity", in relation to a person or director, means proof of the identity of the person or director in the same manner and to the same extent as is required for an identification reference under the Financial Transactions Reports Act 1988 of the Commonwealth.