Victorian Consolidated Regulations

Dangerous Goods (HCDG) Regulations 2005 - SECT 704

New regulations 123A, 123B, 123C, 123D, 123E and 123F inserted

704. New regulations 123A, 123B, 123C, 123D, 123E and 123F inserted

After regulation 123 of the Dangerous Goods (Explosives) Regulations 2000
insert-

"123A. Proof of identity and consent required

(1) An applicant for a licence under these Regulations who is a natural person
must-

   (a)  provide specified proof of identity; and

   (b)  consent to the Authority obtaining, and provide sufficient information
        for the Authority to obtain, known information concerning the
        applicant to determine whether he or she has satisfied the
        requirements of regulation 123B to hold a licence under these
        Regulations.

(2) An applicant who is a body corporate must provide details of the
incorporation of the body.

(3) An application by a body corporate, other than a public company, must be
accompanied by a nomination of at least one director or person concerned in
the management of the body corporate who has agreed to the nomination.

(4) The nominated person must-

   (a)  provide the Authority with specified proof of his or her identity; and

   (b)  consent to the Authority obtaining, and provide sufficient information
        to enable the Authority to obtain, known information concerning the
        person to determine whether he or she has satisfied the requirements
        of regulation 123B to be a director or person concerned in the
        management of a body corporate that holds a licence under these
        Regulations.

(5) An application by a body corporate for a licence must be accompanied by a
nomination of a natural person who has agreed to the nomination and who is to
be responsible for the security of the explosives under the licence (who may
or may not be a nominated director).

(6) The person nominated under subregulation (5) must-

   (a)  provide the Authority with his or her specified proof of identity; and

   (b)  consent to the Authority obtaining, and provide sufficient information
        to enable the Authority to obtain, known information concerning the
        person to determine whether the person has satisfied the requirements
        of regulation 123B to be responsible for the security of the
        explosives under the licence under these Regulations.

(7) Nothing in this regulation requires a person to undergo a security
assessment if the person has previously undergone a security assessment under
the same name for the purposes of these Regulations or the Dangerous Goods
(HCDG) Regulations 2005.
123B. Requirements to be satisfied before person can hold a licence

(1) This regulation sets out the prescribed requirements for the purposes of
section 21A(4) of the Act.

(2) The prescribed requirements are-

   (a)  a security assessment has been received about the person that is not
        an adverse security assessment within the meaning of the
        Australian Security Intelligence Organisation Act 1979 of the
        Commonwealth; and

   (b)  a search of other known information about the person has been made and
        the Authority is satisfied that the person has not been convicted or
        found guilty of, or has a charge pending for, an offence relating to
        violence, weapons, terrorism, damage to property, illegal drugs or
        dishonesty within the last 10 years that in the opinion of the
        Authority would pose a security risk in relation to that person.

(3) This regulation does not apply to a single occasion licence under
regulation 808(2)(b) or 808(3)(b).
123C. Prescribed particulars for security plans For the purposes of section
21A(2)(b) of the Act, the prescribed particulars are set out in Schedule 4.
123D. Duty to review and revise security plan

(1) It is a condition of an explosives licence that, if the Authority requires
a licence holder to provide a security plan, the licence holder must ensure
that the security plan is reviewed and, if necessary, revised.

(2) A security plan must be revised if there is evidence to indicate that the
security plan no longer adequately addresses the prescribed particulars set
out in Schedule 4.
123E. Renewal of licences

(1) Nothing in this regulation limits the power of the Authority to require an
applicant for renewal of a licence to satisfy all the original requirements
for the grant of the licence.

(2) A licence may be renewed by the Authority for a further term after
receiving a written application for renewal and on payment of the prescribed
fee.



(3) For the purpose of enabling the Authority to assess whether a licence
should be renewed-

   (a)  if the licence holder is a natural person, he or she must-

   (i)  provide the Authority with his or her specified proof of identity (if
        not previously provided); and

   (ii) consent to the Authority obtaining, and provide sufficient information
        to enable the Authority to obtain, known information concerning the
        applicant to determine whether he or she has satisfied the
        requirements of regulation 123B to hold a licence under these
        Regulations;

   (b)  if the licence holder is a body corporate, other than a public
        company, the application for renewal must be accompanied by a
        nomination of at least one director or person concerned in the
        management of the body corporate who has agreed to the nomination.

   (c)  the person nominated under paragraph (b) must-

   (i)  provide the Authority with specified proof of his or her identity (if
        not previously provided); and



   (ii) consent to the Authority obtaining, and provide sufficient information
        to enable the Authority to obtain, known information concerning the
        person to determine whether he or she has satisfied the requirements
        of regulation 123B to be a director or person concerned in the
        management of a body corporate that holds a licence under these
        Regulations;

   (d)  if the licence holder is a body corporate, the application must be
        accompanied by the nomination of a natural person who has agreed to
        the nomination and who is to be responsible for the security of the
        explosives under the licence (who may or may not be a nominated
        director);

   (e)  the person nominated under paragraph (d) must-

   (i)  provide the Authority with his or her specified proof of identity (if
        not previously provided); and

   (ii) consent to the Authority obtaining, and provide sufficient information
        to enable the Authority to obtain, known information concerning the
        person to determine whether the person has satisfied the requirements
        of regulation 123B to be responsible for the security of the
        explosives under a licence under these Regulations.

(4) Nothing in this regulation requires a person to undergo a security
assessment if the person has previously undergone a security assessment under
the same name for the purposes of these Regulations or the Dangerous Goods
(HCDG) Regulations 2005.
123F. Security assessments The Australian Security Intelligence Organisation
is a prescribed body for the purposes of section 21A(6)(c) of the Act.".