Victorian Consolidated Regulations

Dangerous Goods (HCDG) Regulations 2005 - SECT 104

Definitions

104. Definitions

In these Regulations- authorised person means-

   (a)  in relation to an HCDG licence-

   (i)  the licensee; and

   (ii) if the Authority requires a security plan in relation to the licence,
        each person named in that security plan as an authorised person with
        unsupervised access to HCDG; and

   (b)  in relation to a permit issued in accordance with Part 3, the person
        who holds the permit; constant surveillance, in relation to HCDG,
        means the presence of-

   (a)  an authorised person who is monitoring the HCDG; or

   (b)  monitored video or other electronic surveillance of the HCDG; known
        information has the same meaning as in section 21A of the Act; secure
        means secure from-

   (a)  theft; and

   (b)  unexplained loss; and

   (c)  sabotage; and

   (d)  access to HCDG by a person who is not an authorised person or is not
        under the supervision of an authorised person;

secure store or secure site mean a secure place where HCDG is kept under lock
and key or is under constant surveillance, and where there are procedures for-

   (a)  controlling access to the store or site; and

   (b)  secure control of keys to the store or site; and

   (c)  documenting the dispatching and receiving of measured quantities of
        HCDG; security assessment means a security assessment issued by the
        Australian Security Intelligence Organisation under Part IV of the
        Australian Security Intelligence Organisation Act 1979 of the
        Commonwealth; security plan, in relation to an HCDG licence, means a
        plan to effectively manage all security risks relevant to the
        activities undertaken by the licensee with respect to HCDG; security
        risk, in relation to HCDG, means the likelihood of-

   (a)  the theft of the HCDG; or

   (b)  the unexplained loss of the HCDG; or

   (c)  the sabotage of the HCDG; or

   (d)  access to the HCDG by a person who is not an authorised person or is
        not under the supervision of an authorised person; specified proof of
        identity has the same meaning as in section 21A of the Act;

supervised access, in relation to an HCDG licence, means access to HCDG by a
person that occurs under the supervision of an authorised person or when
working in an area described in a security plan in relation to the licence
that has been specifically set aside and identified as a supervised area with
appropriate controls and duties delegated to personnel operating in that area;
the Act means the Dangerous Goods Act 1985; under lock and key includes-

   (a)  in a secure building that is locked when not in use;

   (b)  in a secure shed with entrances and windows that are locked or barred
        when not in use;

   (c)  in a secure freight container, cabinet or cage that is locked when not
        in use;

   (d)  in a compound with a security fence;

   (e)  in the case of HCDG stored in the open for agricultural purposes, in a
        fertiliser field bin with a seal that indicates if it has been
        tampered with;

   (f)  in the case of HCDG emulsions or liquids, a secure tank that is locked
        when not in use;

   (g)  in the case of solid HCDG being transported in bulk, in a secure
        vehicle fitted with tamper-proof seals in all places from which HCDG
        could be removed;

unexplained loss, in relation to HCDG, means any loss the cause of which
cannot be explained by product density changes, spillage, calibration
variances or the effects of humidity or other like things; unsupervised
access, in relation to HCDG, includes access by a person who is not an
authorised person (if no authorised person is present or has control over the
HCDG)-

   (a)  to a secure store or secure site; or

   (b)  to the keys to a secure store or secure site; or

   (c)  to HCDG while it is being transported.