209Security requirements to be satisfied before persons allowed unsupervised access to explosives

209 Security requirements to be satisfied before persons allowed unsupervised access to explosives

(1) A licensee must not permit a person to have unsupervised access to explosives unless—

(a) the person holds a licence under these Regulations; or

(b) the person holds any licence or permit under the Dangerous Goods (HCDG) Regulations 2016; or

(c) the person holds a licence or other authorisation corresponding to a licence under these Regulations; or

(d) the person holds a licence or other authorisation corresponding to that referred to in paragraph (b) under legislation relating to HCDG in another Australian jurisdiction; or

(e) in the case of propellant, the person holds a firearms licence; or

(f) the requirements of subregulation (2) have been met.

Equivalent legislation is defined in regulation 5(1) and corresponding Authority is defined in section 3(1) of the Act.

(2) A licensee may permit a person other than a person referred to in subregulation (1)(a) to (e) to have unsupervised access to explosives if the person has satisfied the same security requirements as those specified in regulation 206 in relation to an applicant for a licence.

(3) For the purposes of subregulation (2), a licensee—

(a) may nominate a person to whom the licensee intends to provide unsupervised access to explosives; and

(b) may request the Authority to obtain a security assessment concerning the person and known information concerning the person to determine whether the person is suitable to have unsupervised access to explosives.

(4) The Authority must obtain a security assessment of a person nominated in subregulation (3) if the person—

(a) provides the Authority with that person's specified proof of identity; and

(b) consents to the Authority obtaining, and provides sufficient information to enable the Authority to obtain, known information concerning the person to determine whether the person is suitable to have unsupervised access to explosives; and

(c) pays the fees set out in regulation 234(2) and (3).

(5) The Authority must advise the licensee and the nominated person in writing—

(a) whether the security assessment received about the person is or is not an adverse security assessment; and

(b) whether or not, on the basis of that assessment and other known information about the person, the Authority is of the opinion that the person poses a security risk.

(6) Subregulation (1) does not apply in respect of—