{"id":"explosives-security-sensitive-substances-regulations-2021","name":"Explosives (Security Sensitive Substances) Regulations 2021","slug":"explosives-security-sensitive-substances-regulations-2021","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":235454,"registerId":"sa-explosives-security-sensitive-substances-regulations-2021-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Explosives (Security Sensitive Substances) Regulations 2021","content":"South Australia\nExplosives (Security Sensitive Substances) Regulations 2021\nunder the Explosives Act 1936\n\nContents\nPart 1—Preliminary\n1\tShort title\n2\tCommencement\n3\tInterpretation\n4\tPrescribed quantity for Part 3 (Carriage of explosives)\n5\tNon‑application of regulations to inspectors or certain Commonwealth officers\nPart 2—Meaning and classification of security sensitive substances\n6\tSecurity sensitive substances\nPart 3—Prohibitions\n7\tCertain uses of security sensitive ammonium nitrate prohibited\nPart 4—Licences and permits\n8\tRequirement for licence\n9\tRequirement for permit\n10\tOffence to sell or supply\n11\tGrant or renewal of licence or permit\n12\tTerm of licence or permit\n13\tAnnual returns\n14\tConditions of licence or permit\n15\tSecurity management plan for licences\n16\tSecurity clearance of certain persons\n17\tReporting of theft etc of security sensitive substances\n18\tManufacture\n19\tSeparation distances\n20\tImport and export\n21\tRecords of sale or supply\n22\tRecords of purchase or acquisition\n23\tRecords of use or disposal\n24\tOffence to contravene conditions of licence or permit\n25\tVariation of licence or permit\n26\tCriteria for determination of applications\n27\tApplications\n28\tLicence or permit may include photograph\n29\tSuspension or revocation of licence or permit or revocation of approval\n30\tProduction of licences, permits, approvals and records\n31\tFalse or misleading statements\n32\tPolice reports\nPart 5—Appeal\n33\tRight of appeal\nPart 6—Miscellaneous\n34\tExemption\nSchedule 1—Revocation and transitional provisions\nPart 1—Revocation of Explosives (Security Sensitive Substances) Regulations 2006\n1\tRevocation of Explosives (Security Sensitive Substances) Regulations 2006\nPart 2—Transitional provisions\n2\tPermits relating to security sensitive substances\nLegislative history\n\nPart 1—Preliminary\n1—Short title\nThese regulations may be cited as the Explosives (Security Sensitive Substances) Regulations 2021.\n2—Commencement\nThese regulations come into operation on 1 September 2021.\n3—Interpretation\n\t(1)\tIn these regulations, unless the contrary intention appears—\nAct means the Explosives Act 1936;\nClass 1 Dangerous Goods has the same meaning as in the Explosives Regulations 2011;\ndomestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not;\nharm to a person includes death of the person;\nlicence means a licence granted under the Act in relation to a security sensitive substance;\npermit means a permit granted under these regulations;\nplant includes—\n\t(a)\ta machine, engine, equipment, container or device; and\n\t(b)\ta component, fitting, pipe or accessory used in or in connection with a machine, engine, equipment, container or device;\nprescribed fee means the fee prescribed for the purposes of the Act;\nprotected works has the same meaning as in Part 11 of the Explosives Regulations 2011;\nsecure means secure from—\n\t(a)\tloss; or\n\t(b)\ttheft; or\n\t(c)\tsabotage; or\n\t(d)\tunauthorised access;\nsecurity risk means risk of—\n\t(a)\tloss, theft or sabotage of a security sensitive substance; or\n\t(b)\tunauthorised access to a security sensitive substance;\nsecurity sensitive ammonium nitrate has the same meaning as in the Explosives (Security Sensitive Ammonium Nitrate) Proclamation 2006;\nsecurity sensitive substance—see regulation 6;\nsell includes offer to sell;\nspouse—a person is the spouse of another if they are legally married;\nsupply includes offer to supply.\n\t(2)\tFor the purposes of these regulations, 2 persons are close associates if—\n\t(a)\t1 is a spouse, domestic partner, parent, child, brother or sister of the other; or\n\t(b)\tthey are in partnership; or\n\t(c)\tthey are related bodies corporate (within the meaning of the Corporations Act 2001 of the Commonwealth); or\n\t(d)\t1 is a body corporate and the other is a director, manager, secretary or public officer of the body corporate; or\n\t(e)\t1 is a body corporate (other than a public company whose shares are listed on a stock exchange) and the other is a shareholder in the body corporate; or\n\t(f)\t1 is a trustee of a trust and the other is a beneficiary of the trust or, in the case of a discretionary trust, an object of the trust; or\n\t(g)\t1 has a right to participate, or participates, (otherwise than as a shareholder in a body corporate) in income or profits derived from a business conducted by the other; or\n\t(h)\t1 is in a position to exercise, or exercises, control or significant influence over the conduct of the other.\n\t(3)\tA reference to keeping security sensitive substances secure includes a reference to keeping the substances secure for the purposes of security within the meaning of the Australian Security Intelligence Organisation Act 1979 of the Commonwealth.\n4—Prescribed quantity for Part 3 (Carriage of explosives)\nFor the purposes of Part 3 of the Act, the prescribed quantity of security sensitive substances is 20 kg.\n5—Non‑application of regulations to inspectors or certain Commonwealth officers\nThese regulations do not apply to an inspector, or a person employed in the Department of Home Affairs, acting in the course of official duties.\nPart 2—Meaning and classification of security sensitive substances\n6—Security sensitive substances\n\t(1)\tSubject to subregulation (3), in these regulations—\nsecurity sensitive substance means a substance declared to be an explosive by proclamation under section 5 of the Act and declared by that proclamation to be a security sensitive substance.\n\t(2)\tDespite the Explosives Regulations 2011, a security sensitive substance may be classified by the Director under those regulations without assigning it to 1 of the divisions of Class 1 Dangerous Goods.\n\t(3)\tHowever, if the Director assigns a substance that would otherwise be a security sensitive substance to 1 of the divisions of Class 1 Dangerous Goods, the substance is to be regarded for the purposes of the Act and regulations under the Act as an explosive that is not a security sensitive substance.\nPart 3—Prohibitions\n7—Certain uses of security sensitive ammonium nitrate prohibited\nSecurity sensitive ammonium nitrate must not be used for household or domestic purposes or as a fertiliser for recreational grounds. \nPart 4—Licences and permits\n8—Requirement for licence\nThe requirements of the Act in relation to licensing apply to an explosive that is a security sensitive substance.\n9—Requirement for permit\nA person must not, except as authorised by a permit under these regulations—\n\t(a)\timport or export a security sensitive substance (whether to or from a place inside or outside Australia); or\n\t(b)\tsell or otherwise supply to another a security sensitive substance; or\n\t(c)\tpurchase or otherwise acquire a security sensitive substance; or\n\t(d)\tuse or dispose of a security sensitive substance.\nMaximum penalty: $5 000.\nExpiation fee: $315.\n10—Offence to sell or supply\nA person must not sell or otherwise supply a security sensitive substance to a person unless the person purchasing or otherwise acquiring the substance holds a permit authorising its purchase or acquisition.\nMaximum penalty: $5 000.\nExpiation fee: $315.\n11—Grant or renewal of licence or permit\n\t(1)\tThe Director may, on application by a person, grant or renew a licence or permit.\n\t(2)\tIf an applicant applies to the Director for the grant or renewal of a permit authorising several activities involving a security sensitive substance, the Director may, in the Director's discretion, grant the applicant a single permit or multiple permits authorising those activities.\n12—Term of licence or permit\n\t(1)\tSubject to these regulations—\n\t(a)\ta licence remains in force for a period specified in the licence on its grant or renewal; and\n\t(b)\ta permit remains in force for a period specified in the permit on its grant or renewal.\n\t(2)\tThe period specified must not exceed 3 years.\n\t(3)\tThe Director may, if the Director thinks fit, renew a licence or permit despite the fact that application for renewal of the licence or permit was made after the end of the previous term of the licence or permit.\n\t(4)\tThe Director may, of the Director's own initiative and without application by the holder of a licence or permit, renew the licence or permit if the Director is satisfied that it is necessary for the purposes of protecting persons, property or the environment from harm or keeping a security sensitive substance secure that the holder of the licence or permit continue to be bound by conditions of the licence or permit.\n\t(5)\tA licence or permit has effect, on grant or renewal, from the date specified in the licence or permit for that purpose, which may be earlier than the date of application for the grant or renewal of the licence or permit.\n13—Annual returns\n\t(1)\tThis regulation applies to a licence or permit granted or renewed for a term of 2 years or more.\n\t(2)\tThe holder of a licence or permit must, in each year, lodge with the Director, before the date notified in writing to the holder by the Director for that purpose, an annual return containing the information required by the Director by licence or permit condition or by written notice.\nMaximum penalty: $5 000.\nExpiation fee: $315.\n\t(3)\tIn this regulation—\nholder of a licence or permit includes the holder of a licence or permit that has been suspended.\n14—Conditions of licence or permit\n\t(1)\tA licence or permit is subject to—\n\t(a)\tconditions imposed by these regulations; and\n\t(b)\tconditions imposed by the Director.\n\t(2)\tWithout limiting subregulation (1), conditions imposed by the Director may include the following:\n\t(a)\tconditions specifying the activities authorised;\n\t(b)\tconditions specifying the nature or quantity of security sensitive substances that may be involved in the authorised activity;\n\t(c)\tconditions specifying packaging and labelling requirements for security sensitive substances;\n\t(d)\tconditions specifying separation distances in relation to the storage of security sensitive substances;\n\t(e)\tconditions specifying the training or supervision of employees, contractors and others, or requiring certain persons to hold specified qualifications or have specified experience;\n\t(f)\tconditions specifying the mechanisms for controlling and recording access to security sensitive substances or to information about security sensitive substances;\n\t(g)\tconditions specifying the premises, vehicles or plant that may be used under the licence or permit;\n\t(h)\tconditions requiring any alteration to premises, vehicles or plant to be approved by the Director;\n\t(i)\tother conditions limiting or regulating the authorised activities for the purposes of protecting persons, property or the environment from harm or keeping security sensitive substances secure.\n\t(3)\tWithout limiting subregulation (1), conditions imposed by the Director may relate to premises and plant associated with, or in the vicinity of, a security sensitive substance or premises or plant used, or to be used, in connection with a security sensitive substance.\n15—Security management plan for licences\n\t(1)\tIt is a condition of a licence that the holder of the licence must—\n\t(a)\thave a security management plan approved by the Director; and\n\t(b)\tensure that activities under the licence conform with the security management plan approved by the Director; and\n\t(c)\treview the security management plan in a manner, at intervals, and within a period, as required by conditions imposed by the Director and provide a report of the review to the Director.\n\t(2)\tA security management plan—\n\t(a)\tmust incorporate or refer to a written report identifying and assessing security risks associated with the activities authorised by the licence; and\n\t(b)\tmust incorporate a set of processes adopted by the holder of the licence to apply to the activities authorised by the licence for the purposes of keeping security sensitive substances secure; and\n\t(c)\tmust, if it contemplates a security sensitive substance—\n\t(i)\tbeing kept in a building, container or area that is not physically secured; or\n\t(ii)\tbeing transported in a vehicle in a compartment that is not physically secured,\nrequire that the substance be under constant surveillance by specified means for each period during which the substance is so kept or transported; and\n\t(d)\tmust be fully documented.\n\t(3)\tWithout limiting subregulation (2), the processes adopted by the holder of the licence may relate to 1 or more of the following:\n\t(a)\tsecurity of premises or of magazines, buildings, tanks or other containers or storage areas for security sensitive substances;\n\t(b)\tsecurity during transport of security sensitive substances, including during loading and unloading;\n\t(c)\tthe mechanisms for controlling and recording access to security sensitive substances;\n\t(d)\trecording and stocktaking of security sensitive substances;\n\t(e)\tsecurity of information about security sensitive substances or activities involving security sensitive substances;\n\t(f)\tassignment of responsibility for ensuring compliance with the plan or tasks included in the plan;\n\t(g)\tmonitoring of compliance with the processes;\n\t(h)\treviewing identification and assessment of security risks, in particular, where there may be additional or varied risks associated with a change in circumstances;\n\t(i)\treviewing the processes.\n\t(4)\tThe Director may issue guidelines about security management plans for particular activities.\n\t(5)\tThe Director may, on application by the holder of a licence or an applicant for a licence, approve a security management plan for that licence.\n\t(6)\tIf, at any time, the Director is not satisfied as to the adequacy of a security management plan, the Director may require the plan to be resubmitted for approval within a specified period in a modified form (which may be specified by the Director).\n\t(7)\tIf the holder of a licence fails to resubmit a security management plan as required, the holder is guilty of an offence.\nMaximum penalty: $5 000.\nExpiation fee: $315.\n\t(8)\tThe Director may grant an exemption from the application of subregulation (1) for such period as the Director considers necessary to allow the licensee to prepare a security management plan and its supporting material.\n\t(9)\tAn exemption under subregulation (8)—\n\t(a)\tmay be conditional on the licensee—\n\t(i)\thaving, within a specified period, a compliance plan approved by the Director; and\n\t(ii)\tconforming with the approved compliance plan; and\n\t(b)\tis subject to other conditions imposed by the Director.\n\t(10)\tIn this regulation—\ncompliance plan means a plan setting out the manner in which, and the period within which, a security management plan and its supporting material will be prepared;\nsupporting material, in relation to a security management plan, means a detailed explanation of the grounds on which it is proposed that the plan should be approved.\n16—Security clearance of certain persons\n\t(1)\tIt is a condition of a licence or permit that the holder of the licence or permit must ensure that—\n\t(a)\teach person who supervises or manages the activities authorised by the licence or permit is an approved security cleared manager for that licence or permit; and\n\t(b)\teach person—\n\t(i)\twho has responsibility for ensuring compliance with an approved security management plan or tasks included in the plan; or\n\t(ii)\twho may have access to a security sensitive substance other than in the presence of and under the direct supervision of an approved security cleared manager or approved security cleared agent,\nis an approved security cleared manager, or approved security cleared agent, for that licence or permit; and\n\t(c)\tif required by condition of licence or permit imposed by the Director, each approved security cleared manager and approved security cleared agent wears, while undertaking duties relating to the activity authorised by the licence or permit, an identification card that is in a form approved by the Director and is clearly visible to other persons.\n\t(2)\tThe Director may, on application by the holder of or an applicant for a licence or permit, approve a person as an approved security cleared manager, or approved security cleared agent, for that licence or permit.\n\t(3)\tAn approval granted under this regulation remains in force for a period specified in the approval.\n17—Reporting of theft etc of security sensitive substances\nIt is a condition of a licence or permit that the holder of the licence or permit must ensure that the theft, loss or apparent unauthorised interference with a security sensitive substance to which the licence or permit relates is reported immediately to a police officer and the Director.\n18—Manufacture\nIt is a condition of a licence authorising the manufacture of a security sensitive substance that the holder of the licence must ensure that the name and address of each person from whom an ingredient for the substance is obtained has been notified in writing to the Director.\n19—Separation distances\n\t(1)\tIt is a condition of a licence authorising the storage of ammonium nitrate blasting intermediate that the holder of the licence must ensure that, unless the Director has authorised otherwise in writing, the distance between the place where ammonium nitrate blasting intermediate is stored and protected works is not less than the distance prescribed by the Explosives Regulations 2011 for explosives of category ZZ stored in a magazine (see Part 11 and Schedule T of those regulations).\n\t(2)\tIt is a condition of a licence authorising the storage of security sensitive ammonium nitrate other than ammonium nitrate blasting intermediate that the holder of the licence must ensure that, unless the Director has authorised otherwise in writing, the distance between a place where 100 tonnes or more of the substances are stored and protected works is not less than the distance prescribed by the Explosives Regulations 2011 for a mass of explosives of category ZZ stored in a magazine that is half the actual mass of the substances (see Part 11 and Schedule T of those regulations).\n\t(3)\tIn this regulation—\nammonium nitrate blasting intermediate means security sensitive ammonium nitrate comprised of an emulsion, suspension or gel, primarily made up of ammonium nitrate (with or without other inorganic nitrates) and containing other substances such as oxidisers and fuels, and intended for use as a blasting explosive following modification prior to use.\n20—Import and export\n\t(1)\tIt is a condition of a permit authorising the import or export of a security sensitive substance from or to a place outside Australia that the holder of the permit must ensure that at least 7 clear working days notice is given of each lot, parcel or consignment of security sensitive substances to be brought into the State or to be taken out of the State.\n\t(2)\tThe notice—\n\t(a)\tmust be given to the Director and, if the security sensitive substance is to be landed at or to leave from a port, to the operator of the port; and\n\t(b)\tmust conform to the requirements of the Director about its form, contents and the manner in which it is made; and\n\t(c)\tmust, without limiting paragraph (b)—\n\t(i)\tbe accompanied by a statement of composition from the manufacturer of the substance and a certificate of analysis provided by a laboratory accredited by the National Association of Testing Authorities Australia or a laboratory accredited by an overseas body that, in the opinion of the Director, corresponds to that association; and\n\t(ii)\tfor import, include details of the licences and permits under which it is proposed that the substance be stored, transported or used while in the State.\n21—Records of sale or supply\n\t(1)\tIt is a condition of a permit authorising the sale or supply of a security sensitive substance that the holder of the permit must ensure—\n\t(a)\tthat records are kept in accordance with this regulation and retained for a period of at least 5 years; and\n\t(b)\tthat the identity of each natural person to whom a security sensitive substance is delivered (a recipient) is verified in accordance with this regulation; and\n\t(c)\tthat a security sensitive substance is not delivered to a person on behalf of another unless the holder of the permit has received a written authorisation from the person to whom the substance is sold or supplied authorising the delivery of the substance to the person and there is no reason to doubt the authenticity or currency of the authorisation.\n\t(2)\tA record must be kept of each transaction for the sale or supply of a security sensitive substance including at least the following information:\n\t(a)\tthe licence or permit number of the person from whom the substance was obtained by the holder or, if the substance was manufactured or imported by the holder, a statement of that fact;\n\t(b)\tthe date of the transaction;\n\t(c)\tthe type and amount of security sensitive substance sold or supplied;\n\t(d)\tthe place at which the security sensitive substance was delivered under the transaction;\n\t(e)\tthe licence or permit number of the person to whom the security sensitive substance was sold or supplied.\n\t(3)\tThe identity of a recipient must be verified by examining in accordance with subregulation (4) evidence produced by the recipient consisting of—\n\t(a)\ta single card or document that appears—\n\t(i)\tto have been issued by the government or a statutory authority of the State or the Commonwealth or another State or a Territory; and\n\t(ii)\tto bear the name, residential address and signature and a photograph of the recipient; or\n\t(b)\t2 or more cards or documents—\n\t(i)\tat least 1 of which appears to have been issued by the government or a statutory authority of the State or the Commonwealth or another State or a Territory and the other or others of which appear to have been issued for some official or other proper purpose by a person or body other than the recipient; and\n\t(ii)\tthat together appear to bear the name, residential address and signature of the recipient.\n\t(4)\tThe person must examine the evidence produced by the recipient so as to ensure—\n\t(a)\tthat it does not appear to have been forged or tampered with; and\n\t(b)\tthat it contains a name and address matching the name and address given to the person by the recipient as the recipient's name and residential address; and\n\t(c)\tthat it contains a signature apparently matching the signature of the recipient obtained by the person; and\n\t(d)\tif it consists of a single card or document—that the photograph is a likeness of the recipient.\n\t(5)\tThe following details of each card or document used to verify the identity of a recipient must be recorded in the records kept under subregulation (2):\n\t(a)\tif the card or document has an identifying number—that number;\n\t(b)\tif the card or document does not have an identifying number but does bear the date of its issue—that date;\n\t(c)\tdetails sufficient to enable identification of the body or person who apparently issued the card or document.\n\t(6)\tThe records kept under subregulation (2) must include each written authorisation provided to the holder of the permit for the purposes of this regulation.\n22—Records of purchase or acquisition\n\t(1)\tIt is a condition of a permit authorising the purchase or acquisition of a security sensitive substance that the holder of the permit must ensure that records are kept in accordance with this regulation and retained for a period of at least 5 years.\n\t(2)\tA record must be kept of each purchase or acquisition of a security sensitive substance including at least the following information:\n\t(a)\tthe permit number of the person from whom the security sensitive substance is purchased or acquired;\n\t(b)\tthe date of the purchase or acquisition;\n\t(c)\tthe type and amount of security sensitive substance purchased or acquired;\n\t(d)\ta brief description of the purpose for which the security sensitive substance is purchased or acquired;\n\t(e)\tthe number of any licence or permit under which the security sensitive substance is to be dealt with following purchase or acquisition.\n23—Records of use or disposal\n\t(1)\tIt is a condition of a permit authorising the use or disposal of a security sensitive substance that the holder of the permit must ensure that records are kept in accordance with this regulation and retained for a period of at least 5 years.\n\t(2)\tA record must be kept of each use or disposal of a security sensitive substance including at least the following information:\n\t(a)\tthe permit number of the person from whom the security sensitive substance was acquired or, if the substance was acquired before the commencement of these regulations, details of how the substance was acquired;\n\t(b)\tthe date of the use or disposal;\n\t(c)\tthe type and amount of security sensitive substance used or disposed of;\n\t(d)\tthe place at which the security sensitive substance was used or disposed of;\n\t(e)\ta brief description of the use or the method of disposal.\n24—Offence to contravene conditions of licence or permit\n\t(1)\tIf a condition of a licence or permit is contravened, the holder of the licence or permit is guilty of an offence.\nMaximum penalty: $5 000.\nExpiation fee: $315.\n\t(2)\tThis regulation does not apply where the contravention of the condition constitutes an offence against the Act.\n25—Variation of licence or permit\n\t(1)\tThe holder of a licence or permit may apply for the Director to take action under section 48A of the Act to vary or revoke the conditions of the licence or permit or to impose further conditions on the licence or permit.\n\t(2)\tThe holder of a licence or permit must, at the request of the Director and within the period stated by the Director, return the licence or permit to the Director in order for the licence or permit to be replaced or altered to record action taken under section 48A of the Act.\nMaximum penalty: $1 250.\nExpiation fee: $160.\n26—Criteria for determination of applications\n\t(1)\tA licence or permit is not to be granted to a natural person unless that person has attained 18 years of age and a licence or permit is not to be granted to a body corporate unless each of the directors has attained 18 years of age.\n\t(2)\tA person is not to be approved as a security cleared manager or security cleared agent unless that person has attained 18 years of age.\n\t(3)\tThe Director may refuse an application for the grant, renewal or variation of a licence or permit if the Director is not satisfied—\n\t(a)\tthat the holder or proposed holder of the licence or permit is a suitable person to hold the licence or permit (or the licence or permit as proposed to be varied); or\n\t(b)\tthat the holder or proposed holder of the licence or permit has the capacity, or has made or proposes to make appropriate arrangements, to satisfy the requirements of the Act and regulations made under the Act; or\n\t(c)\tthat the holder or proposed holder of the licence or permit has a genuine reason for carrying out the activity authorised or to be authorised by the licence or permit (or the licence or permit as proposed to be varied).\n\t(4)\tThe Director may refuse an application for the approval of a security cleared manager or security cleared agent if the Director is not satisfied that the person is a suitable person to be so approved.\n\t(5)\tWithout limiting subregulation (3) or (4)—\n\t(a)\ta person who is the subject of an adverse security assessment within the meaning of the Australian Security Intelligence Organisation Act 1979 of the Commonwealth will not be regarded as a suitable person to hold a licence or permit or to be approved as a security cleared manager or security cleared agent; and\n\t(b)\tin assessing the suitability of a person, the Director may have regard to the character and reputation of the person and the person's close associates and may, without limitation, take into account relevant offences.\n\t(6)\tIf, under the Act, the Director has an absolute discretion to grant or refuse to grant an application, this regulation does not fetter that discretion and is to be read as an expression of the intention of the Director at the time this regulation came into operation.\n27—Applications\n\t(1)\tAn application under this Part—\n\t(a)\tmust be made to the Director; and\n\t(b)\tmust conform to the requirements of the Director about its form, contents and the manner in which it is made; and\n\t(c)\tmust, in the case of an application for a licence or permit, specify the purposes for which the person requires the licence or permit; and\n\t(d)\tmust, in the case of an application for a licence or permit, be accompanied by proof (to the satisfaction of the Director) of the applicant's identity and age, or, if the applicant is a body corporate, the identity and age of each of the directors; and\n\t(e)\tmust, in the case of an application for approval of a security cleared manager or security cleared agent, be accompanied by proof (to the satisfaction of the Director) of the identity and age of the person proposed to be approved; and\n\t(f)\tmust, in the case of an application for approval of a security management plan, be accompanied by the supporting material referred to in regulation 15; and\n\t(g)\tmust be accompanied by the prescribed fee (if any).\n\t(2)\tThe Director may, by written notice—\n\t(a)\task the applicant to give the Director further information, documents or records relevant to the application (including reports about the person's physical or mental health); or\n\t(b)\task the applicant to allow persons authorised by the Director to inspect premises, vehicles, plant or security sensitive substances proposed to be used by the applicant in connection with activities proposed to be authorised by the licence or permit; or\n\t(c)\task the applicant, a close associate of the applicant, a person proposed to be approved as a security cleared manager or security cleared agent or a close associate of such a person to submit to the taking of photographs; or\n\t(d)\task the applicant, a close associate of the applicant, a person proposed to be approved as a security cleared manager or security cleared agent or a close associate of such a person to obtain from the Commissioner of Police such reports on the person as the Director considers necessary, or to provide consents appropriate for the obtaining of such reports (and the cost of obtaining the reports is to be borne by the applicant).\nNote—\nHowever, a person who has been approved as a security cleared manager or security cleared agent for a licence or permit within the previous 3 years and whose approval has not been revoked will not be asked to obtain reports or provide consents if an application is made for approval of the person as a security cleared manager or security cleared agent for another licence or permit.\n\t(3)\tThe Director may refuse the application if a person does not comply with such a request.\n\t(4)\tThe applicant may, with the approval of the Director or at the request of the Director, amend the application before the Director has finished considering it.\n\t(5)\tThe Director may, as the Director considers appropriate, accept a single application from an applicant in respect of different activities of the applicant or activities of the applicant at different locations or may require separate applications.\n\t(6)\tIf a licence or permit is to be granted or renewed for a period that is less than or more than 36 months, a pro rata adjustment is to be made to the amount of the prescribed application fee by applying the proportion that the length of the licence or permit period in months bears to 36 months.\n28—Licence or permit may include photograph\n\t(1)\tA licence or permit granted to a natural person will, if the Director so determines, include a photograph of the holder of the licence or permit.\n\t(2)\tFor that purpose, an applicant for a licence or permit who is a natural person may be required by the Director—\n\t(a)\tto attend at a specified place to have the applicant's photograph taken; or\n\t(b)\tto supply the Director with 1 or more photographs of the applicant as specified by the Director.\n29—Suspension or revocation of licence or permit or revocation of approval\n\t(1)\tThe Director may suspend or revoke a licence or permit if satisfied that—\n\t(a)\tthe licence or permit was obtained improperly; or\n\t(b)\tthe holder of the licence or permit—\n\t(i)\thas ceased to engage in the activity authorised by the licence or permit; or\n\t(ii)\thas not paid fees or charges payable to the Director within the required time; or\n\t(iii)\thas contravened the Act, regulations under the Act or a law of the Commonwealth or another State or a Territory of the Commonwealth that regulates activities involving explosives; or\n\t(iv)\thas ceased to be a suitable person to hold the licence; or\n\t(c)\tthe activities authorised by the licence or permit should not be continued because the security risks, or the risks of harm to persons, property or the environment, associated with the activity are unacceptably high.\n\t(2)\tA suspension under this regulation may be for a specified period, or until the fulfilment of specified conditions, or until further order of the Director.\n\t(3)\tA suspension under this regulation may be expressed to have effect at a specified future time, or to have effect at a specified future time unless a specified condition is fulfilled.\n\t(4)\tThe Director may revoke an approval of a person as a security cleared manager, or security cleared agent, for a licence or permit if satisfied that—\n\t(a)\tthe approval was obtained improperly; or\n\t(b)\tthe person approved has contravened the Act or a law of the Commonwealth or another State or a Territory of the Commonwealth that regulates activities involving explosives; or\n\t(c)\tthe person has ceased to be a suitable person to be approved.\n\t(5)\tBefore the Director acts under this regulation, the Director must—\n\t(a)\tgive written notice to the holder of the licence or permit of the proposed action specifying the reasons for the proposed action; and\n\t(b)\tunless satisfied that urgent action is required, allow the holder of the licence or permit at least 14 days within which to make submissions to the Director in relation to the proposed action.\n\t(6)\tIf the Director suspends or revokes a licence or permit, the holder of the licence or permit must return the licence or permit to the Director within 14 days.\nMaximum penalty: $1 250.\nExpiation fee: $160.\n30—Production of licences, permits, approvals and records\n\t(1)\tAn inspector may require the holder of a licence or permit to produce for inspection the licence or permit or approvals or records pertaining to the licence or permit under these regulations.\n\t(2)\tA person who does not comply with a requirement of an inspector under subregulation (1) is guilty of an offence.\nMaximum penalty: $5 000.\nExpiation fee: $315.\n31—False or misleading statements\nA person must not make a statement that is false or misleading in a material particular (whether by reason of the inclusion or omission of any particular) in any information provided or record kept under these regulations.\nMaximum penalty: $5 000.\n32—Police reports\nThe Commissioner of Police must, at the request of the Director, provide to the Director any information required by the Director for the purpose of determining an application for a licence, permit or approval or whether a licence, permit or approval should be suspended or revoked.\nPart 5—Appeal\n33—Right of appeal\n\t(1)\tThe following appeals may be made to the Administrative and Disciplinary Division of the District Court:\n\t(a)\tan applicant for a licence or permit may appeal against a decision of the Director—\n\t(i)\tto refuse to grant the licence or permit; or\n\t(ii)\tto impose particular conditions on the licence or permit;\n\t(b)\ta person who holds or formerly held a licence or permit may appeal against a decision of the Director—\n\t(i)\tto suspend or cancel the licence or permit; or\n\t(ii)\tto impose or vary particular conditions on the licence or permit.\n\t(2)\tSubject to this regulation, an appeal must be instituted within 1 month of the making of the decision appealed against.\n\t(3)\tThe Director must, on application by a person seeking to appeal a decision of the Director, state in writing the reasons for the decision.\n\t(4)\tIf the reasons of the Director are not given in writing at the time of making a decision and the person affected by the decision, within 1 month of the making of the decision, requires the Director to state the reasons in writing, the time for instituting an appeal runs from the time when the person receives the written statement of those reasons.\nPart 6—Miscellaneous\n34—Exemption\n\t(1)\tThe Director may, by notice in the Gazette, exempt a class of persons, substances or activities from the application of the Act or specified provisions of the Act.\n\t(2)\tAn exemption is subject to any conditions stated in the notice.\n\t(3)\tAn exemption may be varied or revoked by further notice in the Gazette.\n\t(4)\tA person who has been exempted from the application of the Act or specified provisions of the Act must not contravene a condition of the exemption.\nMaximum penalty: $5 000.\nExpiation fee: $315.\nSchedule 1—Revocation and transitional provisions\nPart 1—Revocation of Explosives (Security Sensitive Substances) Regulations 2006\n1—Revocation of Explosives (Security Sensitive Substances) Regulations 2006\nThe Explosives (Security Sensitive Substances) Regulations 2006 are revoked.\nPart 2—Transitional provisions\n2—Permits relating to security sensitive substances\n\t(1)\tA permit relating to a security sensitive substance that was in force under the Explosives (Security Sensitive Substances) Regulations 2006 immediately before the commencement of this clause will be taken to be a permit issued under these regulations (and will expire on the date on which the permit would have expired under the Explosives (Security Sensitive Substances) Regulations 2006).\n\t(2)\tIf there is a conflict between the conditions of such a permit as in force immediately before the commencement of this clause and the conditions imposed by these regulations, the conditions imposed by these regulations prevail.\nLegislative history\nNotes\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nRevocation of regulations\nThe Explosives (Security Sensitive Substances) Regulations 2021 will be revoked by Sch 1 cl 5 of the Explosives Act 2024.\nPrincipal regulations\nYear\nNo\nReference\nCommencement\n2021\n55\nGazette 20.5.2021 p1405 \n1.9.2021: r 2 \n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"This 2021 instrument primarily revokes and replaces the 2006 subordinate regulations and consolidates a detailed licensing, permitting, security-management and record-keeping framework for declared security sensitive explosives. Mechanically it adds detail (security management plan content, identity‑verification steps, specified notice periods for import/export, clearer separation‑distance rules tied to the 2011 Regulations and new Directorial powers on renewals and exemptions), but it does not expand the regulatory subject‑matter beyond the original purpose of controlling security‑sensitive explosives. In short: scope remains focused on regulating declared security sensitive substances, while administrative detail and regulatory controls have been modernised and broadened in procedural reach rather than changing the fundamental policy boundary."},"complexity_factors":["Relatively long instrument with 34 substantive regulations plus a Schedule revoking the 2006 regulations","Multiple defined terms and cross-references in regulation 3 (to Explosives Act 1936, Explosives Regulations 2011, ASIO Act, Family Relationships Act, Corporations Act, etc.)","Extensive directorial discretion (grant/renew/approve/exempt/require reports/inspect/renew without application) across regs 11, 12, 14–16, 25, 29, 34","Nested conditions and requirements for security management plans with many sub-elements (reg 15 has 7 subregs and multiple sub-sub items)","Many separate record-keeping regimes with 5‑year retention and detailed identity verification rules (regs 21–23)","Conditional offences and penalty/expiation combinations scattered through the instrument (regs 9–10, 13, 24, 30, 31, 34)","Cross-references to other complex instruments (Explosives Regulations 2011 for separation distances and classification; accreditation bodies for lab certificates) creating external dependencies (regs 4, 6, 19, 20)","Age and suitability eligibility tests and background checks with exceptions and evidentiary requests (regs 26–27)","Transitional provisions and revocation of the previous regulations add interpretive steps for existing permit-holders (Schedule 1, Part 2)","Appeal routes and procedural time limits to the District Court add a layer of administrative law (reg 33)"],"plain_english_summary":"**What this instrument does (mechanics first)**\n\n- Replaces earlier South Australian subordinate rules about \"security sensitive substances\" (explosives declared security sensitive) and sets a regulatory scheme for their classification, possession, movement, sale, storage, manufacture, import/export and use (Schedule 1 revokes the 2006 regulations).  (Schedule 1)\n\n- Declares the detailed licensing and permitting regime that applies to anyone who wants to deal with a security sensitive explosive: who must hold a licence or permit, what may be authorised, how long authorisations last (up to 3 years), and the Director’s powers to grant, renew, vary, suspend or revoke licences and permits. (regs 8–13, 11–12, 25, 29)\n\n- Makes many activities an offence unless authorised by a permit: importing/exporting, selling/supplying, purchasing/acquiring, using or disposing of a security sensitive substance. There are monetary penalties and an expiation (on‑the‑spot fine) option. (reg 9, reg 10; penalties throughout)\n\n- Requires licence-holders to have an approved, documented security management plan and to ensure appropriate security-cleared managers and agents are in place; the Director can set conditions and require security clearances, identification badges, monitoring and reporting. (regs 14–16)\n\n- Imposes record-keeping and identity-verification rules for sellers, purchasers, users and disposers, with 5‑year retention of transaction and use records. (regs 21–23)\n\n- Sets safety-related conditions such as minimum separation distances for storage of certain ammonium nitrate products and specific notices and documentation required for import/export consignments. (regs 19–20)\n\n- Creates an administrative right of appeal to the District Court’s Administrative and Disciplinary Division against many Director decisions, with time limits and obligations to provide written reasons. (reg 33)\n\n- Gives the Director broad exemption and discretion powers (Gazette notices for class exemptions, and many directorial discretions in application handling and licensing decisions). (reg 34, regs 11, 26–27)\n\n\n**Who is affected**\n\n- Businesses and individuals who manufacture, import, export, sell, buy, store, transport, use or dispose of explosives that have been declared \"security sensitive substances\" (for example, certain ammonium nitrate products). (regs 6–9, 7)\n\n- Directors, security managers and agents whose approvals and security clearances are required by licence conditions. (regs 15–16)\n\n- Port operators, police and the Director (who receive information and notices for imports/exports and must co‑operate on checks and reports). (reg 20, reg 32)\n\n- People who supply or receive such substances — sellers must verify buyer identity and retain records; buyers must hold permits. (regs 10, 21)\n\n\n**Why it matters (stated purpose and practical trade‑offs)**\n\nThe regulations are designed to reduce the security risk posed by certain explosive materials by: (a) restricting who may handle them (licences/permits and age limits) (reg 26), (b) imposing security controls (approved security management plans, cleared managers/agents, surveillance and access controls) (regs 14–16), and (c) creating traceability through record‑keeping and identity verification (regs 21–23). The instrument therefore shifts some of the costs of risk mitigation onto licence/permit-holders in the form of compliance obligations, administrative fees and reporting.\n\nTrade-offs, incentives and likely behavioural effects:\n\n- Who pays: licence/permit applicants and holders bear most direct costs — application fees, security-plan preparation, administrative record-keeping, likely security upgrades, and the time/cost of providing police reports or clearances where requested (regs 11, 15, 27). Additional costs fall on sellers who must verify buyers’ identity and keep transaction records (reg 21).\n\n- Who decides: the Director of Explosives has significant discretionary power over classification, grant/renewal/refusal/suspension/revocation of licences and permits, approval of security plans, specification of conditions, and issuing exemptions by Gazette (regs 6(2)–(3), 11, 14–16, 25, 29, 34). This concentrates administrative decision-making in one office and creates implementation risk tied to the Director’s practices.\n\n- Behaviour changes: some firms may exit or reduce dealings in declared substances because of increased compliance costs or uncertainty; others may invest in compliance (security systems, site alterations, staff clearances). Sellers will screen purchasers more carefully; importers will provide advance notices and laboratory certificates. The 3‑year maximum term and annual return requirements (for licences/permits ≥2 years) increase ongoing administrative contact with regulators. (regs 12, 13, 20)\n\n- Competition and market effects: smaller operators may face proportionally higher compliance burdens (plans, clearances, record systems) than larger firms, which could concentrate supply among better-resourced businesses. Permit and security-cleared personnel requirements create fixed compliance costs that can act as barriers to entry.\n\n- Enforcement and compliance risk: the regulations create a number of criminal offences and financial penalties for non-compliance (including false or misleading statements and failure to report theft/loss), so administrative and criminal enforcement actions are available to regulators (regs 9–10, 17, 31). The Director’s power to require photographs, police reports and inspections increases information-gathering capacity but also imposes privacy and procedural burdens on applicants (reg 27).\n\n- Substitution effects: activities that rely on security sensitive ammonium nitrate for fertiliser or domestic use are expressly prohibited (reg 7), so users of those substances will need alternatives or obtain permits for authorised purposes only.\n\n\n**Practical notes on operation and risk**\n\n- The definitions and cross-references to other instruments (Explosives Act 1936, Explosives Regulations 2011, ASIO Act, and National Association of Testing Authorities accreditation) mean operators must monitor multiple legal instruments to be sure they comply. (regs 3, 6, 20)\n\n- The Director can approve exemptions and shorter or longer licence terms, and may renew licences without an application where necessary for security — that allows operational continuity but reduces procedural predictability for holders. (regs 12(4), 34)\n\n- Record retention periods are fixed at 5 years for most transaction/use records; failure to retain or to verify identity properly attracts penalties. (regs 21–23, 24)\n\n\n**Key provisions to read if you are affected**\n- Definitions and who counts as a security sensitive substance (reg 3, reg 6)\n- Activities that require a permit (reg 9) and the prohibition on certain uses of security sensitive ammonium nitrate (reg 7)\n- Security management plan and cleared-person requirements (regs 15–16)\n- Record-keeping and identity verification obligations for sellers and purchasers (regs 21–23)\n- Director’s powers on grant/renewal/variation/suspension/revocation and appeal rights (regs 11, 25, 29, 33)\n\n\n(References are to regulations in the Explosives (Security Sensitive Substances) Regulations 2021.)"},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original intent. It replaces the 2006 regulations with updated provisions but maintains the core framework of controlling security sensitive substances through licensing, permits, and security management. The scope remains focused on preventing misuse of explosives precursors while enabling legitimate industrial use."},"complexity_factors":["Moderate length (34 regulations plus Schedule) with detailed procedural requirements","14 defined terms in interpretation section (regulation 3), including complex 'close associates' definition spanning 8 categories (family, partnership, corporate relationships, trusts, control relationships)","Extensive cross-referencing to other legislation: Explosives Act 1936, Explosives Regulations 2011, Family Relationships Act 1975, Corporations Act 2001 (Cth), Australian Security Intelligence Organisation Act 1979 (Cth)","Nested conditional logic in security management plans (regulation 15) with mandatory elements, discretionary elements, and exemption provisions","Multiple overlapping conditions: licence conditions, permit conditions, Director-imposed conditions, and regulation-imposed conditions","Detailed record-keeping requirements with specific data fields and retention periods (regulations 21-23)","Identity verification protocols with alternative pathways (single document vs. two documents) and specific examination requirements","Transitional provisions preserving old permits while applying new conditions"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations control who can handle, buy, sell, store, or transport **security sensitive substances** — a special category of dangerous explosives that could be used for terrorism or serious crimes. The rules sit under South Australia's Explosives Act 1936 and create a strict licensing and permit system to keep these materials secure.\n\n**Who it affects:**\n\n- **Businesses and individuals** who work with security sensitive substances (like certain ammonium nitrate products used in mining and blasting)\n- **Manufacturers, importers, exporters, sellers, and buyers** of these substances\n- **Security cleared managers and agents** — specially approved people who supervise handling of these materials\n- **The Director** (the government official who grants licences and permits)\n\n**Key rules:**\n\n- You need a **licence** to manufacture, store, or transport these substances, and a **permit** to import, export, buy, sell, use, or dispose of them\n- **Security management plans** are mandatory — businesses must document how they'll prevent theft, loss, or sabotage\n- **Identity verification** is required for every sale or supply\n- **Detailed records** must be kept for at least 5 years showing who bought what, when, and where\n- **Security clearances** are required for managers and anyone with unsupervised access\n- **Separation distances** apply when storing large quantities near protected buildings or areas\n- **Immediate reporting** to police and the Director is required if any material goes missing\n\n**Why it matters:**\n\nThese substances can be used to make bombs. The regulations aim to prevent them falling into the wrong hands while still allowing legitimate industries (mining, construction, agriculture) to operate safely. The rules balance security needs with practical business requirements through a permit system, record-keeping, and physical security standards.\n\n**Notable restrictions:**\n\n- Security sensitive ammonium nitrate **cannot** be used for household/domestic purposes or fertilising recreational grounds (parks, sports fields, etc.)\n- Carrying more than **20 kg** triggers special transport rules\n- Licences and permits last up to **3 years** and require annual returns for longer terms"},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislation text was not available. The page returned a website error, providing no substantive content to evaluate against any original intent."},"complexity_factors":["Legislation text was not retrievable — only a 'Page Not Found' error was provided, making substantive analysis impossible","The title suggests the underlying regulation would carry moderate-to-high complexity involving licensing schemes, background checks, and controlled substance definitions, but this cannot be confirmed from the available content","Score reflects minimal analysable content rather than the likely complexity of the actual instrument"],"plain_english_summary":"The Explosives (Security Sensitive Substances) Regulations 2021 (SA) set rules governing access to chemicals and materials that could be misused for explosives. They typically control who may buy, store, transport or possess such substances and impose licensing, vetting and safety obligations. The rules matter to businesses, farmers, miners, retailers and anyone handling regulated chemicals."}},"importantCases":[],"_links":{"self":"/api/acts/explosives-security-sensitive-substances-regulations-2021","history":"/api/acts/explosives-security-sensitive-substances-regulations-2021/history","analysis":"/api/acts/explosives-security-sensitive-substances-regulations-2021/analysis","conflicts":"/api/acts/explosives-security-sensitive-substances-regulations-2021/conflicts","importantCases":"/api/acts/explosives-security-sensitive-substances-regulations-2021/important-cases","documents":"/api/acts/explosives-security-sensitive-substances-regulations-2021/documents"}}