Dangerous Goods (HCDG) Regulations 2016 (Victoria)

The Dangerous Goods (HCDG) Regulations 2016 set out a regulatory framework for controlled access, security planning and transactional controls for high consequence dangerous goods (HCDG) in Victoria. Mechanically the Regulations do the following.

Create a licensing regime that makes it an offence under these Regulations to import, export, manufacture, store, sell, supply, use, handle, transfer, transport or dispose of HCDG unless the person either (a) holds a relevant HCDG licence, (b) holds a permit for unsupervised access and is named in a licensee’s security plan and authorised by that licensee, or (c) is supervised by an authorised person (reg 7(1)). The text sets out separate categories of licence in reg 9(1) (manufacture, import, export, store, supply, transport, use, and a primary producer licence).
Require applicants and nominated responsible persons to provide specified proof of identity and consent to the Authority obtaining “known information” and to undergo security assessments (regs 10, 11 and 15). The Australian Security Intelligence Organisation is the prescribed body for security assessments (reg 6).
Require security plans for licences and prescribe the particulars that those security plans must contain for storage and transport activities (reg 12; Schedules 1 and 2). Licensees must review and revise security plans where they no longer address the prescribed particulars (reg 13).
Place procedural and documentary controls on sale and supply transactions: sellers must verify recipient identity and authority to receive HCDG, keep written sales/supply records containing specified fields, retain those records for at least 5 years and make them available to an inspector or police officer (regs 23-24).
Establish a permit regime (Part 3) for natural persons (residents of Victoria) to have unsupervised access to HCDG, including fitness/security checks and limits on the permit term (regs 18-22).

Version No. 001

Dangerous Goods (HCDG) Regulations 2016

S.R. No. 90/2016

Version as at
31 July 2016

TABLE OF PROVISIONS

Regulation Page

Part 1—Preliminary 1

1 Objectives 1

2 Authorising provision 1

3 Commencement 1

4 Revocation of existing Regulations 1

5 Definitions 2

6 Security assessments 5

Part 2—HCDG licences 6

7 Who requires a licence 6

8 Demonstrating a lawful need to have access to HCDG 8

9 Application for licence 8

10 Proof of applicant's identity and consent required 10

11 Requirements to be satisfied before licence can be issued 11

12 Prescribed particulars for security plans 12

13 Licensee must review and revise security plans 13

14 Effect of licence and conditions 13

15 Renewal of licences 14

16 Obligation to observe licence conditions and Regulations 17

17 Import and export of HCDG 17

Part 3—Permits for unsupervised access to HCDG 19

18 Applying for a permit 19

19 Issue of permits 19

20 Renewal of permit 21

21 Refusal of permit 21

22 Authority may amend, suspend or revoke permit 22

Part 4—Sale or supply of HCDG 24

23 Prohibitions on sale or supply of HCDG 24

24 Sales and supply records 25

Part 5—Exemptions 27

25 Exemption from these Regulations 27

26 Authority may grant class exemptions on its own motion 28

27 Power of Authority to amend, suspend or revoke exemptions 29

28 Refusal of request for exemption 30

29 Mutual recognition—licence to transport HCDG 31

30 Mutual recognition—other HCDG licences 31

31 Mutual recognition—permits for unsupervised access to HCDG 32

Part 6—Fees 33

32 Fees for licences 33

33 Fees for security assessments and searches 33

34 Fee for amendment of a licence 34

Part 7—Consequential amendments 35

35 Amendments to the Dangerous Goods (Explosives) Regulations 2011 35

Schedule 1—Prescribed particulars for security plans for licences authorising a person to store HCDG 36

Schedule 2—Prescribed particulars for security plans for licences authorising a person to transport HCDG 38

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Endnotes 41

1 General information 41

2 Table of Amendments 43

3 Amendments Not in Operation 44

4 Explanatory details 45

Version No. 001

Dangerous Goods (HCDG) Regulations 2016

S.R. No. 90/2016

Version as at
31 July 2016

Part 1—Preliminary

1 Objectives

The objectives of these Regulations are—

(a) to regulate access to high consequence dangerous goods; and

(b) to provide for the management of risks arising out of security concerns associated with explosives and high consequence dangerous goods; and

2 Authorising provision

These Regulations are made under section 52 of the Dangerous Goods Act 1985.

3 Commencement

These Regulations come into operation on
31 July 2016.

4 Revocation of existing Regulations

The Dangerous Goods (HCDG) Regulations 2005[1] are revoked.

5 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

(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

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

(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;

(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

6 Security assessments

The Australian Security Intelligence Organisation is a prescribed body for the purposes of section 21A(6)(c) of the Act.

Part 2—HCDG licences

7 Who requires a licence

(1) A person must not import, export, manufacture, store, sell, supply, use, handle, transfer, transport or dispose of HCDG unless the person—

(a) holds a valid HCDG licence authorising the person to undertake those activities; or

(b) holds a valid permit under Part 3 to have unsupervised access to HCDG and is named in the security plan of the relevant HCDG licensee and is authorised by the licensee in relation to that activity; or

(2) The requirement to hold a licence to store, use, handle, dispose of or transport HCDG does not apply to a person who stores, uses, handles, disposes of or transports HCDG on behalf of an educational or research institution or a laboratory if—

(a) the institution or laboratory is in a class of institution or laboratory approved in writing by the Authority for the purposes of this subregulation; and

(b) the person—

(i) stores, uses, handles, disposes of or transports not more than the quantity of HCDG that has been approved in writing by the Authority for the purposes of this subregulation; and

(ii) does so for the purposes of educational instruction or scientific research or testing.

(3) The requirement to hold a licence to transport HCDG does not apply to the transport of—

(a) less than the quantity of an HCDG that has been approved in writing by the Authority for the purposes of this paragraph;

(b) less than the quantity of an HCDG that has been approved in writing by the Authority for the purposes of this paragraph in a non‑stop journey if the transport is by a person who holds a primary producer licence for the HCDG;

(c) HCDG that has been approved in writing by the Authority for the purposes of this paragraph by a person who holds a primary producer licence if the person transports the HCDG to which the licence relates across a public highway which divides the property from one part of the property specified on the licence to another part;

(d) HCDG by a person within the boundaries of that person's property.

(4) In subregulation (3) a reference to a non-stop journey is a reference to a journey undertaken on a public highway or waterway transporting HCDG from one secure store or secure site to another or to a site where it is to be used during which the HCDG is kept under constant surveillance.

(5) An approval by the Authority under subregulation (2) or (3) that does not relate to a person or body named in the approval must be published in the Government Gazette and on an Internet site maintained by the Authority.

8 Demonstrating a lawful need to have access to HCDG

(1) A person who applies for an HCDG licence or renewal of an HCDG licence must provide sufficient information about the person's proposed activities to enable the Authority to determine whether the person has demonstrated a lawful need for access to HCDG declared under section 9B(1B) of the Act.

(2) An applicant must provide information about the agricultural, commercial, industrial or other process or activity undertaken or proposed to be undertaken by the applicant that demonstrates that the applicant has a lawful need for access to HCDG declared under section 9B(1B) of the Act.

9 Application for licence

(1) A person may apply to the Authority for—

(a) a licence authorising the person to manufacture, store, use, dispose of, handle and supply HCDG;

(b) a licence authorising the person to import HCDG into Victoria from another country, to handle, supply, transfer and sell HCDG at any place specified in the licence and to store HCDG at any place specified in the licence;

(c) a licence authorising the person to export HCDG from Victoria to another country, to handle, supply, transfer and sell HCDG at any place specified in the licence and to store HCDG at any place specified in the licence;

(d) a licence authorising the person to handle or store HCDG at a place specified in the licence;

(e) a licence authorising the person to handle, supply, transfer, store and sell HCDG at any place specified in the licence;

(f) a licence authorising the person to transport HCDG and, for that purpose, to handle HCDG;

(g) a licence authorising the person to use, handle and dispose of HCDG and to store HCDG at any place specified in the licence;

(h) a licence authorising a person who is a primary producer to store, use, dispose of and handle HCDG that is used or intended to be used in connection with the business of the primary producer and not held by the primary producer for the purpose of transfer or sale.

(2) An application for an HCDG licence must—

(a) be in the form and manner required by the Authority; and

(b) be accompanied by the fee prescribed in Part 6.

(3) The Authority may require an applicant to submit any information that the Authority considers necessary to assess the application including, but not limited to the following—

(a) plans, drawings, specifications or calculations;

(b) details of management and operating procedures;

10 Proof of applicant's identity and consent required

(1) An applicant who is a natural person must—

(a) provide 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 applicant to determine whether the person has satisfied the requirements of regulation 11 to hold an HCDG licence.

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

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

(4) The nominated person must—

(a) provide the Authority with the person's 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 11 to be a director or person concerned in the management of a body corporate that holds an HCDG licence.

(5) An application from a body corporate for a licence must be accompanied by a nomination of a natural person who has consented to the nomination and who is to be responsible for the security of the goods 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 the person's 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 11 to be responsible for the security of HCDG under an HCDG licence.

11 Requirements to be satisfied before licence can be issued

(1) This regulation sets out the prescribed requirements for the purposes of the following provisions of the Act—

(a) section 21A(3)(a)(iii) (prescribed requirements for a natural person to hold an HCDG licence);

(b) section 21A(3)(b) (prescribed requirements for a person to be a director or person concerned in the management of a body corporate that holds an HCDG licence);

(c) section 21A(3)(c) (prescribed requirements for a person to be responsible for the security of HCDG under an HCDG licence);

(d) section 21A(3)(e) (other prescribed requirements for an applicant for a licence).

(2) The prescribed requirements are that⎯

(a) the applicant—

(i) in the case of a natural person, is a resident of Victoria; or

(ii) in the case of a body corporate, carries on a business in Victoria that relates to HCDG; and

(b) 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

(c) 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) Nothing in these Regulations requires a person to undergo a security assessment if the person has, under the same name, previously undergone a security assessment under these Regulations or the Dangerous Goods (Explosives) Regulations 2011[2].

12 Prescribed particulars for security plans

For the purposes of section 21A(2)(b) of the Act the prescribed particulars for—

(a) a licence that includes an authority to store HCDG are set out in Schedule 1; and

(b) a licence that includes an authority to transport HCDG are set out in Schedule 2.

13 Licensee must review and revise security plans

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

(2) A security plan must be revised if the security plan no longer sufficiently addresses the particulars set out in Schedule 1 or Schedule 2.

14 Effect of licence and conditions

(1) An HCDG licence authorises the licensee to engage in the activities specified in the licence, for the term specified in the licence, subject to any condition, limitation or restriction specified in the licence or set out in these Regulations.

(2) Without limiting subregulation (1), the Authority may impose a condition that measures to control security risks must be implemented by a specified date that is not later than 12 months after the licence is issued.

(3) An HCDG licence is valid only—

(a) for the period specified in the licence or 5 years from the date of issue of the licence (whichever occurs first);

(b) in respect of the person to whom it is issued;

(c) in the case of a licence held by a body corporate, while there continues to be a person nominated under the licence who has satisfied the requirements prescribed for the purposes of section 21A(3)(b) of the Act;

(d) while there continues to be a person nominated under the licence who is responsible for the security of the HCDG and who has satisfied the requirements prescribed for the purposes of section 21A(3)(c) of the Act;

(e) in the case of a licence held by a natural person, if the licensee continues to generally use and be known by the name specified in the licence;

(f) in respect of the HCDG specified in the licence;

(g) in respect of the lawful need or needs specified in the licence.

(4) It is a condition of an HCDG licence that—

(a) the licensee must not allow any person to have unsupervised access to HCDG in the possession or under the control of the licensee unless that person holds a permit under Part 3 to have the access and the person is nominated on the security plan in relation to the licence;

(b) a licensee who no longer has a lawful need for access to the HCDG specified in the licence must, as soon as practicable, notify the Authority in writing accordingly;

(c) the licensee must observe the requirements of, and the procedures specified in, any security plan in relation to the licence.

15 Renewal of licences

(1) A licensee may apply to the Authority for a renewal of the licence for a further term by providing the Authority with—

(a) a written application for renewal at least one month before the expiry of the licence; and

(b) the necessary consent and information required by subregulation (2); and

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

(a) if the licensee is a natural person, the person must—

(i) provide the Authority with the person's 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 licensee to determine whether the person has satisfied the requirements of regulation 11 to hold an HCDG licence; and

(b) if the licensee is a body corporate, other than a public company—

(i) the application for renewal must be accompanied by the nomination of at least one director or person concerned in the management of the body corporate who has agreed to the nomination; and

(ii) that nominated person must provide the Authority with specified proof of the person's identity (if not previously provided); and

(iii) that nominated person must 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 11 to be a director or person concerned in the management of a body corporate that holds an HCDG licence; and

(i) 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 goods under the licence (who may or may not be the person nominated under paragraph (b)); and

(ii) the person nominated under subparagraph (i) must provide the Authority with the person's specified proof of identity (if not previously provided); and

(iii) the person nominated under subparagraph (i) must 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 11 to be responsible for the security of the HCDG under an HCDG licence.

(3) Nothing in this regulation requires a person to undergo a security assessment if the person has, under the same name, previously undergone a security assessment under these Regulations or the Dangerous Goods (Explosives) Regulations 2011.

16 Obligation to observe licence conditions and Regulations

(1) A licensee must ensure that any person involved in an activity that is authorised under the HCDG licence—

(a) complies with the conditions, limitations or restrictions of the licence and the applicable requirements of these Regulations; and

(b) receives sufficient and appropriate information, instruction, training and supervision to be able to do so.

(2) A person involved in an activity authorised under an HCDG licence must co-operate with the licensee in relation to any direction given, or action taken, by the licensee or by any person authorised by the licensee, to comply with subregulation (1).

(3) For the purposes of this regulation, person includes a person at a site at which an activity authorised by an HCDG licence is occurring who is—

(a) employed under a contract of employment; or

(b) employed under a contract of training; or

(d) authorised by the licensee to enter a site that is managed or occupied by the licensee.

17 Import and export of HCDG

(1) A person who holds a licence to import HCDG must not import HCDG into Victoria from another country unless, at least 7 days before the date of a proposed importation, that person has notified the Authority of the proposed importation.

(2) A notice under subregulation (1) must include details of the following—

(a) the type and quantity of HCDG being imported;

(b) a certificate of analysis for each batch of the HCDG;

(d) the arrival location of the ship, boat or aircraft;

(e) the authorisation and contact details of the recipient of the HCDG;

(f) where the HCDG will be stored on arrival in Victoria;

(g) the authorisation and contact details of the person or agent who will transport the HCDG from the arrival location to its storage destination.

(3) A person who holds a licence to export HCDG must not export HCDG from Victoria to another country unless, at least 7 days before the date of a proposed exportation, that person has notified the Authority of the proposed exportation.

(4) A notice under subregulation (3) must include details of the following—

(a) the type and quantity of HCDG being exported;

(b) the destination of the HCDG;

(d) confirmation that the shipment of HCDG complies with any import regulations of the receiving country.

Part 3—Permits for unsupervised access to HCDG

18 Applying for a permit

(1) A natural person who is a resident of Victoria may apply to the Authority for a permit to have unsupervised access to HCDG.

(2) An application for a permit must be—

(a) in the form and manner required by the Authority; and

(b) accompanied by the fee prescribed in Part 6.

(3) An applicant must—

(a) provide the Authority with the applicant's specified proof of identity; and

(4) The Authority may require an applicant to submit any other information that the Authority considers necessary to assess the application.

19 Issue of permits

(1) The Authority may issue a permit to an applicant if—

(a) a security assessment has been received concerning the applicant 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 any other known information concerning the applicant has been made and the Authority is satisfied that the applicant 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; and

(2) A permit only authorises the person to whom it is issued to have unsupervised access to HCDG if that person is nominated as an authorised person in the security plan of a person who holds an HCDG licence.

(3) A permit authorises the person to whom it is issued to undertake any activity authorised by the HCDG licence and set out in the relevant security plan including access to HCDG—

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

(b) in the course of the transport of HCDG; or

(4) A permit continues in operation for the term of no more than 5 years specified in the permit and subject to any condition, limitation or restriction specified in the permit.

(5) Nothing in this regulation requires a person to undergo a security assessment if the person has, under the same name, previously undergone a security assessment under these Regulations or the Dangerous Goods (Explosives) Regulations 2011.

20 Renewal of permit

(1) The holder of a permit may apply for the renewal of the permit for a further term not exceeding 5 years.

(2) An application for the renewal of a permit must be made to the Authority in the form and manner required by the Authority.

(3) The Authority may renew the permit if—

(a) the applicant consents to the Authority obtaining, and provides sufficient information to enable the Authority to obtain, a search of any known information concerning the applicant; and

(b) as a result of the search, the Authority is satisfied that the applicant 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; and

(4) Nothing in this regulation requires a person to undergo a security assessment if the person has, under the same name, previously undergone a security assessment under these Regulations or the Dangerous Goods (Explosives) Regulations 2011.

21 Refusal of permit

(1) If the Authority refuses to issue or renew a permit, the Authority must send by post to the applicant written notice of the refusal setting out the reasons for the refusal.

(2) If the Authority refuses to renew a permit, it must send the written notice to the applicant at least 2 months before the permit expires unless the application for renewal is received by the Authority less than 2 months before the permit expired.

22 Authority may amend, suspend or revoke permit

(1) The Authority may amend, suspend or revoke a permit.

(2) If a document evidencing a permit has been issued by the Authority and that permit is amended, suspended or revoked, the permit holder must surrender the document to the Authority on demand.

(3) A permit must not be suspended for longer than 6 months.

(4) The Authority must not amend, suspend or revoke a permit, unless it has—

(a) notified the holder of the permit that the Authority is proposing to amend, suspend or revoke (as the case may be) the permit; and

(b) provided the holder of the permit with written reasons for the proposed course of action; and

(c) invited the holder of the permit to make a submission within a specified time on the proposed course of action including a submission on the appropriate amendment (if any) to be made; and

(d) considered any submissions that are made in response to the invitation within the specified time.

(5) A decision of the Authority to amend, suspend or revoke a permit does not take effect until the end of one month's notice by the Authority to the holder of the permit unless subregulation (6) applies.

(6) If, in the opinion of the Authority, there exists a significant danger to persons or property the amendment, suspension or revocation of the permit takes effect on the date the Authority notifies the holder of the permit of its decision.

Part 4—Sale or supply of HCDG

23 Prohibitions on sale or supply of HCDG

(1) A person must not sell or supply HCDG unless the person holds a licence to supply the HCDG.

(2) A person must not sell or supply HCDG to another person unless the person to whom the HCDG is sold or supplied (the recipient) has provided appropriate identification and proof that the recipient—

(a) holds an HCDG licence authorising the person to store, use, sell or supply HCDG; or

(b) holds a permit under Part 3 and is acting for a person who holds an HCDG licence authorising the person store, use, sell or supply HCDG; or

(c) is exempt under regulation 26 from the requirement to hold an HCDG licence authorising the person to store, use, sell or supply HCDG; or

(d) is employed by and acting for an exempt person referred to in paragraph (c); or

(e) is employed by or acting for an educational or research institution or laboratory referred to in regulation 7(2).

(3) A person who sells or supplies an HCDG to another person must ensure that—

(a) the information required by regulation 24(1) has been recorded in the supply or sales record; and

(b) the person to whom the HCDG is sold or supplied to has signed the supply or sales record.

(4) A person seeking to purchase or be supplied with HCDG must not provide false or misleading information in connection with the purchase or supply.

(5) A person must not sell or supply to another person in one day an amount of HCDG that exceeds the amount (if any) that the other person is authorised to purchase or be supplied with.

24 Sales and supply records

(1) A person who holds an HCDG licence that authorises the person to sell or supply HCDG must make written sales or supply records that contain the following information—

(a) the types and quantities of all HCDG received by the licensee and the date on which it was received;

(b) for each sale of HCDG by the licensee—

(i) the date of the sale or supply; and

(ii) the name, signature, address and telephone number of the person to whom the HCDG was sold or supplied; and

(iii) details of the licence or exemption referred to in regulation 23(2) authorising the person to be sold or supplied with the HCDG; and

(iv) the type and quantity of HCDG sold or supplied.

(2) A licensee who is required to maintain a sales or supply record must—

(a) retain the record for at least 5 years after the date of the transaction which it records; and

(b) make the record available for examination by an inspector or a police officer at the place, or at one of the places, at which sales or supplies are made.

Part 5—Exemptions

25 Exemption from these Regulations

(1) A person may apply to the Authority for an exemption in whole or part from compliance with any requirement in these Regulations, except a requirement to hold an HCDG licence.

(2) An application for an exemption must—

(a) state the regulation or regulations from which exemption is sought; and

(b) explain the method by which the applicant intends to ensure that there is a level of security of HCDG that is at least equivalent to that which would be achieved by complying with that regulation or regulations.

(3) The Authority may—

(a) grant an exemption in whole or in part; or

(b) refuse an exemption.

(4) The Authority must not grant an exemption unless it is satisfied that the method proposed in subregulation (2)(b) is capable of achieving a level of security of HCDG that is at least equivalent to the level that would be achieved if the relevant regulation or regulations were complied with.

(5) An exemption granted by the Authority must be in writing.

(6) The Authority may impose conditions on an exemption in relation to one or more of the following—

(a) the commencement and duration of the exemption;

(b) the activities or other things in respect of which the exemption is granted;

(d) the premises or class of premises in respect of which the exemption is granted;

(e) the provisions of these Regulations in respect of which the exemption is granted;

(f) the provision of information relevant to the exemption that may reasonably be required by the Authority;

(g) the monitoring or recording of systems of work or processes used at the premises exempted or by the person exempted;

(h) a requirement that the person exempted give notice of the exemption and of the terms and conditions of the exemption to any specified person or body who may be affected;

(i) any other conditions that the Authority considers appropriate in the circumstances.

(7) A person to whom an exemption under this regulation is granted must comply with a condition of the exemption.

26 Authority may grant class exemptions on its own motion

(1) The Authority may grant on its own motion an exemption from compliance with a requirement in these Regulations including a requirement to hold an HCDG licence in respect of a class of licensee person, premises or activity.

(2) The Authority must not grant an exemption under this regulation unless it is satisfied that the exemption will achieve a level of security of HCDG that is at least equivalent to that which would be achieved by complying with the regulation or regulations from which the exemption is granted.

(3) An exemption under this regulation must be in writing and published in the Government Gazette and on an Internet site maintained by the Authority.

(4) The Authority may impose one or more of the conditions listed in regulation 25(6) on an exemption under this regulation.

(5) A person to whom an exemption under this regulation has been granted must comply with a condition of the exemption.

27 Power of Authority to amend, suspend or revoke exemptions

(1) The Authority may at any time amend, suspend or revoke an exemption granted under regulation 25 or 26, either at the request of the holder of the exemption or on its own initiative.

(2) The Authority must not amend, suspend or revoke an exemption granted under regulation 25 on its own initiative unless it has—

(a) notified the holder of the exemption that the Authority is proposing to amend, suspend or revoke (as the case may be) the exemption; and

(b) provided the holder of the exemption with written reasons for the proposed course of action; and

(c) invited the holder of the exemption to make a submission within a specified time on the proposed course of action including a submission on the appropriate amendment (if any) to be made; and

(d) considered any submissions that are made in response to the invitation within the specified time.

(3) If the Authority decides to suspend an exemption granted under regulation 26 it must publish a notice in the Government Gazette and on an Internet site maintained by the Authority that sets out—

(a) the date and time from which the suspension takes effect; and

(b) the date and time at which the suspension ceases to operate.

(4) If the Authority decides to revoke an exemption granted under regulation 26 it must publish a notice in the Government Gazette and on an Internet site maintained by the Authority that sets out the date and time from which the revocation takes effect.

28 Refusal of request for exemption

The Authority must not refuse a request to grant or amend an exemption, unless it has—

(a) provided notice in writing to the person making the request that—

(i) states that on the basis of the information it has available, it intends to refuse to grant or amend the exemption; and

(ii) sets out the reasons why it has formed that intention; and

(b) invited the person making the request to provide a written submission to the Authority within a specified time on the intended refusal; and

29 Mutual recognition—licence to transport HCDG

(1) This regulation applies to a person who holds a licence to transport HCDG granted by any other State or a Territory if—

(a) that licence is granted under a provision of the law of that State or Territory corresponding to the requirement in regulation 7 that a person must not transport HCDG unless the person holds an HCDG licence for that activity; and

(b) the licence is currently in force in that State or Territory; and

(c) a security plan for the licence has been provided to the body which is responsible for administering the corresponding law of that State or Territory.

(2) A person who holds a licence that complies with the requirements set out in subregulation (1) is taken to hold a licence to transport HCDG subject to the condition that before the transport of any HCDG into Victoria that person must provide the Authority with a copy of the security plan relating to the licence.

30 Mutual recognition—other HCDG licences

If an applicant for an HCDG licence (other than a licence to transport HCDG) holds a corresponding licence from another State or a Territory then the applicant is taken to have satisfied the requirements under regulation 11(2)(b) and (c) in relation to the issue of the licence applied for.

31 Mutual recognition—permits for unsupervised access to HCDG

(1) This regulation applies to a person who holds a permit granted by any other State or a Territory if—

(a) that permit is granted under a provision of the law of that State or Territory, corresponding to Part 3 enabling a person to have unsupervised access to HCDG; and

(b) the permit is in force in that State or Territory.

(2) A person who holds a permit that complies with the requirements of subregulation (1) is taken to hold a permit under Part 3.

Part 6—Fees

32 Fees for licences

The fees for the issue or renewal of an HCDG licence or the issue of a duplicate licence are set out in the following Table.

Table

Licence issue or renewal	Fee
Licence to manufacture HCDG under regulation 9(1)(a)	7·6 fee units
Licence to import HCDG under regulation 9(1)(b)	7·6 fee units
Licence to export HCDG under regulation 9(1)(c)	7·6 fee units
Licence to store HCDG under regulation 9(1)(d)	7·6 fee units
Licence to supply HCDG under regulation 9(1)(e)	7·6 fee units
Licence to transport HCDG under regulation 9(1)(f)	7·6 fee units
Licence to use HCDG under regulation 9(1)(g)	7·6 fee units
Primary producer licence under regulation 9(1)(h)	7·6 fee units
Duplicate licence	4·8 fee units

33 Fees for security assessments and searches

(1) An applicant for the issue or renewal of an HCDG licence or a permit must also pay the fees to enable the Authority to obtain a security assessment or search of other known information in relation to—

(a) the applicant; and

(b) each person who has consented under regulation 10(4) or (6) or 15(2)(b) or (c) to the Authority obtaining known information about that person.

(2) The fee for a security assessment is $19.

(3) The fee for a search of any other known information about a person is $40.

34 Fee for amendment of a licence

The fee for the amendment of a licence (other than to record a change of information describing the licensee or when the licence is renewed) is 1·9 fee units.

Part 7—Consequential amendments

35 Amendments to the Dangerous Goods (Explosives) Regulations 2011

(1) In regulation 201(3)(a) of the Dangerous Goods (Explosives) Regulations 2011, for "2005" substitute "2016".

(2) In regulation 206(1)(b) of the Dangerous Goods (Explosives) Regulations 2011, for "2005" substitute "2016".

(3) In regulation 208(4)(a) of the Dangerous Goods (Explosives) Regulations 2011, for "2005" substitute "2016".

Schedule 1—Prescribed particulars for security plans for licences authorising a person to store HCDG

Regulations 12 and 13

The prescribed particulars are the following—

(a) the location and details (including a plan) of the facility in which HCDG are to be stored;

(b) the precautions in place to ensure HCDG are kept in a secure store, and the details of any secure store including the type and dimensions of the structure and the number and type of doors, windows and locks;

(d) the procedures for amending the security plan by the addition of the names of new authorised persons or the removal of the names of existing authorised persons;

(e) the procedures for controlling access to the secure store by authorised persons;

(f) the procedures for supervising access to the secure store by persons not authorised to have unsupervised access to HCDG;

(g) the procedures for instructing persons who have access to, or who use or handle, HCDG on the security plan procedures;

(h) designating a person who is responsible for maintaining the security plan;

(i) the procedures to ensure that HCDG is obtained only from a licensee or person authorised to sell, transfer or dispose of HCDG and is removed only by a licensee or authorised person;

(j) the system for recording details and reconciling incoming and outgoing quantities of HCDG;

(k) the procedures for reporting to authorities any theft, attempted theft or unexplained loss of HCDG or any other security incident involving HCDG.

Schedule 2—Prescribed particulars for security plans for licences authorising a person to transport HCDG

Regulations 12 and 13

The prescribed particulars are the following—

(a) precautions to ensure HCDG is secure for the entire duration of the journey;

(b) the names of all authorised persons holding a permit under Part 3 that authorises unsupervised access to HCDG;

(c) the procedures for amending the security plan by the addition of names of new authorised persons or the removal of the names of existing authorised persons;

(d) the procedures for instructing persons who have access to, or who use or handle, HCDG on the security plan procedures;

(e) designating a person who is responsible for maintaining the security plan;

(f) the system for recording details and reconciling incoming and outgoing quantities of HCDG;

(g) the procedures for reporting to authorities any theft, attempted theft or unexplained loss of HCDG or any other security incident involving HCDG;

(h) the name and contact details of any sub-contractor;

(i) the precautions in place to ensure that HCDG is only loaded from a person who is authorised to supply the HCDG and that it is delivered to a person who is authorised to be supplied with the HCDG;

(j) the precautions in place to ensure that if HCDG is temporarily stored during the loading or transport process it is kept in a secure store identified in the security plan;

(k) the precautions in place to ensure that HCDG is transported at all times under lock and key or under constant surveillance;

(l) procedures for undertaking sealing of HCDG if required by the security plan and for regular assessments of sealing procedures to monitor their effectiveness;

(m) the system to monitor the location of the consignment during transportation and to instruct workers in emergency procedures;

(n) systems and procedures in place to record—

(i) persons authorised to drive vehicles transporting HCDG by road;

(ii) the vehicles used for transporting HCDG by road or rail on which seals can be fitted to detect entry to the vehicle;

(iii) that HCDG is only delivered to authorised persons;

(iv) details of consignments by road or rail including—

(A) seal numbers and any changes in seals necessary for part deliveries;

(B) accurate weight measurement or other reconciliation (for example, the number of bags) of all HCDG at loading and unloading;

(D) a system to ensure that both returns of HCDG of merchantable quality and spillage recovery are accurately documented and appropriately accounted for;

(o) protocols that are in place to refuse loading of any vehicle that is not included in the record of vehicles under item (n)(ii);

(p) when HCDG is being transported by road the procedures in place to ensure that the vehicle is not left unattended unless—

(i) the vehicle is left in a secure site; and

(ii) the HCDG is under lock and key; and

(iii) the relevant locks are sealed with numbered seals to assist in the detection of theft or attempted theft;

(q) when HCDG is being transported by rail the procedures in place to ensure that unless HCDG are under constant supervision—

(i) they are transported in locked container units or in locked rail cars; and

(ii) all openings to the containers or cars are sealed with substantial tamper-proof seals that require forceful breakage to enter the container or car; and

(iii) consignments have a schedule whereby the location of the container or car is continually monitored for the duration of the transport;

(r) when HCDG is being transported by rail the procedures in place to ensure that unless the HCDG are under constant supervision, an authorised person is present at the dispatch and receipt of HCDG, and at any time when containers need to be opened before they reach their destination.

═══════════════

Endnotes

1 General information

See www.legislation.vic.gov.au for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.

The Dangerous Goods (HCDG) Regulations 2016, S.R. No. 90/2016 were made on 26 July 2016 by the Governor in Council under section 52 of the Dangerous Goods Act 1985, No. 10189/1985 and came into operation on 31 July 2016: regulation 3.

The Dangerous Goods (HCDG) Regulations 2016 will sunset 10 years after the day of making on 26 July 2026 (see section 5 of the Subordinate Legislation Act 1994).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

• Headings

All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).

• Examples, diagrams or notes

All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).

• Punctuation

All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).

• Provision numbers

All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).

• Location of "legislative items"

A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.

• Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).

2 Table of Amendments

There are no amendments made to the Dangerous Goods (HCDG) Regulations 2016 by statutory rules, subordinate instruments and Acts.

3 Amendments Not in Operation

There are no amendments which were Not in Operation at the date of this publication.

4 Explanatory details

Reg. 4: S.R. No. 96/2005 as extended in operation by S.R. No. 69/2015. ↑
Reg. 11(3): S.R. No. 37/2011. Reprint No. 1 as at 12 May 2016. Reprinted to S.R. No. 91/2015.

——

Fee Units

These Regulations provide for fees by reference to fee units within the meaning of the Monetary Units Act 2004.

The amount of the fee is to be calculated, in accordance with section 7 of that Act, by multiplying the number of fee units applicable by the value of a fee unit.

The value of a fee unit for the financial year commencing 1 July 2016 is $13.94. The amount of the calculated fee may be rounded to the nearest 10 cents.

The value of a fee unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a fee unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year. ↑

1 Dangerous Goods (HCDG) Regulations 2016

Version No. 001

Dangerous Goods (HCDG) Regulations 2016

S.R. No. 90/2016

Version as at
31 July 2016

TABLE OF PROVISIONS

Regulation Page

Part 1—Preliminary 1

1 Objectives 1

2 Authorising provision 1

3 Commencement 1

4 Revocation of existing Regulations 1

5 Definitions 2

6 Security assessments 5

Part 2—HCDG licences 6

7 Who requires a licence 6

8 Demonstrating a lawful need to have access to HCDG 8

9 Application for licence 8

10 Proof of applicant's identity and consent required 10

11 Requirements to be satisfied before licence can be issued 11

12 Prescribed particulars for security plans 12

13 Licensee must review and revise security plans 13

14 Effect of licence and conditions 13

15 Renewal of licences 14

16 Obligation to observe licence conditions and Regulations 17

17 Import and export of HCDG 17

Part 3—Permits for unsupervised access to HCDG 19

18 Applying for a permit 19

19 Issue of permits 19

20 Renewal of permit 21

21 Refusal of permit 21

22 Authority may amend, suspend or revoke permit 22

Part 4—Sale or supply of HCDG 24

23 Prohibitions on sale or supply of HCDG 24

24 Sales and supply records 25

Part 5—Exemptions 27

25 Exemption from these Regulations 27

26 Authority may grant class exemptions on its own motion 28

27 Power of Authority to amend, suspend or revoke exemptions 29

28 Refusal of request for exemption 30

29 Mutual recognition—licence to transport HCDG 31

30 Mutual recognition—other HCDG licences 31

31 Mutual recognition—permits for unsupervised access to HCDG 32

Part 6—Fees 33

32 Fees for licences 33

33 Fees for security assessments and searches 33

34 Fee for amendment of a licence 34

Part 7—Consequential amendments 35

Several core legal and operational concepts structure the Regulations.

HCDG and security risk: The Regulations repeatedly define and focus on HCDG as goods that give rise to “security risks” , theft, unexplained loss, sabotage or access by unauthorised persons (definition of security risk, reg 5). That definition drives the content of security plans and record systems in Schedules 1 and 2.
Authorised person / unsupervised access / supervised access: The Regulations distinguish between authorised persons (defined at reg 5), unsupervised access (access without an authorised person present or control, including access to keys or during transport, reg 5), and supervised access (access under supervision or in specified supervised areas in a security plan, reg 5). This tripartite distinction determines whether a licence, permit or supervision suffices under reg 7.
Security assessment and known information checks: Security assessments issued by ASIO are a prescribed component of the vetting regime (reg 6 and requirement at reg 11(2)(b), 19(1)(a)). “Known information” searches as defined in s 21A of the Act are treated as part of the background checking (regs 10, 11, 15, 19, 20). The Regulations exempt repeat assessments already done under the same name (regs 11(3), 15(3), 19(5), 20(4)).
Security plans: For licences that include storage or transport the Regulations prescribe detailed plan contents in Schedules 1 and 2 (reg 12). Plans must cover physical structures, access control procedures, record reconciliation, sealing and monitoring arrangements for transport, subcontractor details and incident reporting procedures (Schedules).
Licensing and permits: Reg 9 lists the classes of licences, including a defined primary producer licence (9(1)(h)). Part 3 creates a separate permit for unsupervised access for natural persons who are Victorian residents (reg 18). Licence validity and renewal mechanics are set out (reg 14, 15), including a maximum five-year validity for licences and permits (14(3)(a), 19(4), 20(1)).
Transactional controls and records: Sale/supply prohibitions and recipient verification are mandatory (reg 23). Sales/supply records must contain specified fields and be retained for five years with access by inspectors or police (reg 24).
Discretionary exemptions and class exemptions: Individuals may apply for exemptions from most regulatory requirements (reg 25) but not for the requirement to hold an HCDG licence (25(1)). The Authority may, however, grant class exemptions on its own motion that can include exemption from holding an HCDG licence (reg 26(1)). Exemptions must achieve an equivalent level of security and may carry conditions; class exemptions must be published (regs 25-26).
Mutual recognition and interstate movement: There are explicit mutual recognition provisions for transport licences and other licences/permits from other States/Territories, subject to conditions such as providing the security plan before transport into Victoria (regs 29-31).
Administrative powers and procedures: The Authority can impose licence conditions (including deadlines to implement measures within 12 months, reg 14(2)), require security plans, amend licences’ conditions, and must follow procedural steps when amending, suspending or revoking permits or exemptions (regs 22, 27). Import/export notifications must be given at least seven days in advance with specified information (reg 17).

These concepts form a system: vetting (ASIO + known information) feeds licensing and permit eligibility; security plans set operational controls for storage and transport; record-keeping and transactional checks provide an auditable trail; exemptions and mutual recognition allow flexibility, subject to the Authority’s assessment and publication requirements. The Regulations embed administrative discretion in the Authority, calibrated by procedural fairness provisions for permit and exemption changes (see regs 22(4) and 27(2)). Fee and fee-unit mechanisms appear in Part 6 and endnotes.

The Regulations address a range of actors in the HCDG ecosystem and specify who bears duties at each point.

Primary addressees , licensees and permit holders: Any person carrying out activities listed in reg 7(1) (import, export, manufacture, store, sell, supply, use, handle, transfer, transport or dispose of HCDG) must hold a licence, or be a named permit holder in a licensee’s security plan or be supervised by an authorised person. Licence applicants include natural persons and bodies corporate; corporate applicants must nominate directors and a person responsible for security (reg 10(3)-(6), 15(2)(b)-(c)).
Natural persons seeking unsupervised access: Only natural persons who are residents of Victoria may apply for an unsupervised-access permit (reg 18(1)). Applicants must provide specified proof of identity and consent to known information searches (reg 18(3)).
Corporations and managers: Bodies corporate applying for licences must carry on a business in Victoria related to HCDG (reg 11(2)(a)(ii)) and must nominate persons who will satisfy the prescribed requirements to be directors, persons in management, and a person responsible for security (regs 10, 11(1)(b)-(d), 15(2)).
Transporters and logistics operators: Operators engaged in transporting HCDG must either hold a transport licence or qualify under mutual recognition (reg 9(1)(f), regs 29-31) and must include transport-specific security plans with sealing, monitoring and vehicle records prescribed in Schedule 2.
Sellers and suppliers: Persons authorised to sell or supply HCDG must verify recipient identity and authority, make and retain sales/supply records with specified fields, and ensure recipients sign the records (regs 23-24). This affects wholesalers, distributors and retailers of HCDG.
Primary producers and educational/research institutions: The Regulations allow specific exemptions from the licensing requirement for persons storing/using HCDG on behalf of approved educational or research institutions or laboratories, and set limits for primary producers’ transport activities (reg 7(2)-(3)). Approvals that are not person-specific must be published (reg 7(5)).
Subcontractors and staff: Schedule 2 expressly requires security plans to list sub-contractors and to specify procedures for instructing persons with access or handling duties. Licensees must ensure that all persons involved in authorised activities receive appropriate information, instruction, training and supervision (reg 16).
Authorities, inspectors and police: The “Authority” named in the Regulations administers licences, permits, exemptions and fees, and has powers around amendment, suspension and revocation (multiple regs). Inspectors and police may examine sales/supply records at premises where transactions occur (reg 24(2)(b)). The Australian Security Intelligence Organisation is a prescribed body for security assessments (reg 6).
Interstate licence-holders and permit-holders: The Regulations provide for mutual recognition for corresponding State or Territory licences and permits, but impose conditions such as providing security plans before transport into Victoria (regs 29-31).

Who pays: licence applicants and permit applicants, and nominated persons in corporate applications, must pay the fees prescribed in Part 6 and the costs of security assessment and known-information searches (regs 32-34). Who decides: the Authority decides on issues relating to licence issue, renewal, conditions, exemptions and class exemptions, subject to procedural requirements laid out for permits and exemptions (e.g. regs 22(4), 27(2)-(4)). What behaviour changes: businesses must adopt documented security plans (Schedules 1-2), background checks, ongoing record-keeping and staff training, and for importers/exporters to provide pre-notification (reg 17). The net effect is to place administrative, procedural and security compliance obligations on operators of HCDG supply chains, with specific vetting requirements for individuals seeking unsupervised access.

The Regulations create a set of affirmative duties and related rights and administrative processes.

Duties placed on applicants and licensees

Licensing duty: A person must not engage in the listed HCDG activities unless authorised by a licence, a permit named in a licensee’s security plan, or supervision by an authorised person (reg 7(1)). The licensing duty is the central regulatory obligation.
Identity and vetting duty: Natural person applicants must provide specified proof of identity and consent to known information checks; nominated management/security persons for corporate applicants must likewise provide identity and consent (reg 10). Applicants must provide information demonstrating lawful need for access to HCDG declared under s 9B(1B) of the Act (reg 8).
Security plan duty: Where required by the Authority, a licensee must provide a security plan and ensure it is reviewed and revised where it no longer addresses Schedule particulars (regs 12-13). Schedules 1 and 2 prescribe particular content for storage and transport plans respectively (reg 12; Schedules).
Implementation duty: The Authority may impose conditions that measures to control security risks be implemented by a specified date no later than 12 months after issue (reg 14(2)). Licensees must ensure persons involved comply with licence conditions and receive adequate information, instruction, training and supervision (reg 16).
Transactional and record-keeping duty: Sellers must verify recipient identification and authority (reg 23(2)) and make sales/supply records with prescribed fields, retain them for at least five years, and make them available to inspectors or police (reg 24).
Import/export notification duty: Holders of import or export licences must notify the Authority at least seven days before proposed importation/exportation with specified details (reg 17).
Permit-related duties: Permit holders must surrender a permit document on demand if the Authority amends, suspends or revokes the permit (reg 22(2)). A licensee must not allow unsupervised access by a person who is not a permit-holder named in the security plan (reg 14(4)(a)).

Rights and administrative safeguards

Procedural safeguards for permit/exemption variation: Before amending, suspending or revoking a permit, the Authority must notify the permit-holder, provide written reasons, invite submissions within a specified time and consider any submissions (reg 22(4)). A similar process applies for refusing applications for exemptions and for amending/suspending/revoking exemptions granted on application (regs 27(2), 28).
Notice periods: A decision to amend, suspend or revoke a permit does not take effect until the end of one month’s notice unless there is a significant danger to persons or property (reg 22(5)-(6)). Where the Authority suspends or revokes class exemptions, it must publish the relevant notices in the Government Gazette and on its website with effective dates (reg 27(3)-(4)).
Mutual recognition rights: Holders of corresponding licences or permits from other States or Territories may be taken to hold the relevant Victorian licence or permit subject to conditions (regs 29-31). For transport licences granted interstate, the condition requires the person to provide the Authority with a copy of the security plan before transport into Victoria (reg 29(2)).
Right to apply for exemption: Individuals and entities may apply for exemptions from compliance with particular regulations (except an individual cannot apply to be exempted from the requirement to hold a licence; reg 25(1)). The Authority can grant, refuse or impose conditions on exemptions and must publish class exemptions (regs 25-26).

Administrative processes and limitations

Fee obligations: Applicants must pay prescribed fees for licence issue/renewal, duplicates and the separate fees for security assessments and known-information searches (Part 6; regs 32-33).
Temporal limits: Licences and permits are time-limited (max five years, reg 14(3)(a); 19(4); 20(1)), and renewal applications must meet specific documentation and consent requirements (reg 15(1)-(2); reg 20).
Record retention: Sales/supply records must be kept for at least five years and be available for examination at the place where transactions are made (reg 24(2)).

Taken together, these duties create a compliance architecture combining pre-issue vetting, mandated security planning and ongoing operational controls (record-keeping, staff training, sealed transport, monitoring) with administrative rights to notice and submission for certain changes to permits and exemptions.

The Regulations articulate administrative enforcement tools and procedural requirements but do not themselves list penalty amounts or a comprehensive catalogue of criminal offences within the text provided. Enforcement and sanctioning operate through a mix of regulatory conditions, procedural powers and record-access provisions in the Regulations, together with the enabling Dangerous Goods Act 1985 (the authorising Act, reg 2).

Enforcement mechanisms and obligations set out in the Regulations

Conditions and licence validity: The Authority may impose licence conditions, including implementation deadlines for security measures (reg 14(2)). A licence’s validity is conditioned on matters such as the nominated responsible security person continuing to satisfy prescribed requirements (reg 14(3)(c)-(d)) and the licensee continuing to have the lawful need(s) specified in the licence (reg 14(3)(g)).
Administrative alteration of permits and exemptions: The Authority has express powers to amend, suspend or revoke permits (reg 22(1)) and exemptions (reg 27(1)). These powers are bounded by procedural safeguards: the Authority must notify the holder, provide reasons, invite and consider submissions (reg 22(4); reg 27(2); reg 28). Suspensions of permits are capped at six months (reg 22(3)). Revocation or suspension of class exemptions must be published with effective times (reg 27(3)-(4)).
Surrender and non-use: If a permit is amended, suspended or revoked, the holder must surrender the document to the Authority on demand (reg 22(2)). Licensees must notify the Authority as soon as practicable if they no longer have a lawful need for the HCDG specified in the licence (reg 14(4)(b)). Licences are valid only for the person to whom issued and for the lawful need specified (reg 14(3)(b),(f),(g)), providing a regulatory lever to limit unapproved transfers of authorisation.
Record inspection and police involvement: Licensees required to maintain sales/supply records must retain them for at least five years and make them available for examination by an inspector or a police officer at the place of transaction (reg 24(2)). This is an explicit mechanism for on-site inspection and evidentiary access.
Transactional prohibitions creating potential enforcement triggers: The Regulations make it a duty not to sell or supply HCDG unless the seller holds a licence (reg 23(1)), and not to supply to a recipient unless the recipient has provided appropriate identification and proof of authority (reg 23(2)). False or misleading information in purchase/supply contexts is also proscribed (reg 23(4)). While the Regulations do not specify fines or criminal penalties in their text, contravention of these provisions will interact with the offence and penalty provisions of the parent Act.

Penalty amounts and criminal enforcement

Absence of specific penalty amounts in these Regulations: The Regulations do not specify monetary penalties for contraventions within the text provided. The instrument relies on the Dangerous Goods Act 1985 for legal authority (reg 2) and for the statutory offence backstop. Practitioners should therefore consult the Dangerous Goods Act 1985 and any relevant regulations under it to locate precise offence provisions and penalty levels.
Administrative remedies versus criminal sanctions: The express tools in these Regulations are administrative , licences and permits, conditions, suspensions, revocations, surrender requirements, record access and publication of exemptions. Where the Authority considers risks significant, the Regulations allow immediate effect for permit amendment/suspension/revocation if there is a significant danger to persons or property (reg 22(6)). Where offences exist under the Act, enforcement by prosecution would be pursued under that Act rather than under these Regulations alone.

Practical enforcement points for users

Expect on-site inspections and document demands: The duty to make sales/supply records available to inspectors and police (reg 24(2)(b)) is a clear operational enforcement mechanism for transactional compliance.
Administrative non-compliance can affect licence status: Failures such as not notifying loss/theft (Schedule 1(k)/2(g) require procedures), failing to implement security measures by the Authority’s deadline (reg 14(2)), or allowing unsupervised access by non-permit-holders (reg 14(4)(a)) can lead to administrative action including suspension or revocation of permits and potentially other licence actions under the Act.
Procedural rights attached to enforcement steps: Where the Authority proposes to alter permits or exemptions it must give notice, reasons and an opportunity to make submissions before effecting the change (reg 22(4); reg 27(2); reg 28). Only where there is a significant danger may the Authority make changes effective immediately (reg 22(6)).

In sum, enforcement under these Regulations is primarily administrative and process-driven, linked to licensing and permit conditions, record inspection powers and Authority discretion. The Regulations do not themselves enumerate penalties; practitioners must map regulatory breaches to the Dangerous Goods Act 1985 and any other applicable statutory offence provisions to determine criminal or fine-based consequences.

The Regulations are an instrument subordinate to the Dangerous Goods Act 1985 and interact explicitly with a number of other statutory instruments and bodies.

Primary statutory relationship

Authorising Act: The Regulations are made under section 52 of the Dangerous Goods Act 1985 (reg 2). The Act contains the primary statutory scheme for dangerous goods in Victoria; these Regulations specify the HCDG-specific licensing, vetting and security plan requirements contemplated by that Act (see repeated references to “for the purposes of” various sections such as s 21A in reg 11 and reg 12).
Cross-references to s 21A of the Act: The Regulations implement prescribed requirements for applicants and nominated persons under section 21A of the Act (reg 11(1)). The text repeatedly ties regulatory requirements to that section (reg 12 references section 21A(2)(b) of the Act).

Commonwealth security interface

Australian Security Intelligence Organisation Act 1979: Security assessments required under these Regulations are to be issued by ASIO under Part IV of the ASIO Act (definitions and regs 6, 11(2)(b), 19(1)(a)). The Regulations treat an ASIO security assessment as a prescribed assessment forming part of the vetting regime.

Other Victorian subordinate legislation

Dangerous Goods (Explosives) Regulations 2011: The instrument makes consequential amendments to the Dangerous Goods (Explosives) Regulations 2011 (Part 7, reg 35), updating cross-references from the 2005 HCDG Regulations to 2016.
Monetary Units Act 2004: Fees in Part 6 are expressed in fee units and the endnotes specify the fee-unit value and the process for future fee-unit changes. The endnotes give the fee-unit value for the financial year starting 1 July 2016 as $13.94 and set out the calculation and rounding rules (endnotes).

Interstate and national recognition

Mutual recognition with other States and Territories: The Regulations provide for mutual recognition of corresponding licences and permits from other States/Territories (regs 29-31). For transport licences, a person with an interstate licence is taken to hold a Victorian transport licence subject to the condition of providing the Authority with the security plan before transport into Victoria (reg 29(2)). For other licences, a corresponding interstate licence is taken to satisfy certain vetting requirements (reg 30).

Administrative law and procedural fairness

Procedural safeguards: The Authority must follow notice-and-submission procedures before refusing, amending, suspending or revoking permits or exemptions (regs 22(4), 27(2), 28). These procedural requirements interact with administrative law principles that will govern review by courts or tribunals under Victorian administrative law.
Publication and transparency duties: Where the Authority grants class exemptions on its own motion or suspends/revokes them, the Regulations require publication in the Government Gazette and on the Authority’s website (regs 26(3), 27(3)-(4)). Approvals under reg 7(2) and (3) that do not relate to a named person must similarly be published (reg 7(5)). This interacts with transparency obligations under the Subordinate Legislation Act and other public administration norms.

Interpretation and legislative drafting connections

Interpretation of Legislation Act 1984: The endnotes set out that the ILA governs headings, examples, punctuation and provision numbering for the Statutory Rule (endnotes, section “Interpretation of Legislation Act 1984 (ILA)”). This affects how the Regulations are read and applied.
Sunset provision under Subordinate Legislation Act 1994: The endnotes state the Regulations will sunset ten years after making on 26 July 2026 (endnotes).

Practical implications of interactions

Vetting requires Commonwealth and State interface: Applicants consents allow the Authority to seek “known information” and to obtain ASIO security assessments; that requires coordination between State administrative processes and Commonwealth security vetting (regs 10, 11, 19).
Enforcement and offences: The Regulations rely on the Dangerous Goods Act 1985 for the statutory power to impose penalties and for enforcement pathways; practitioners must read the Regulations together with the Act to map contraventions to penalties.
Fee calculation and financial compliance: Licence and assessment fees must be computed using the fee-unit methodology under the Monetary Units Act 2004 (regs 32-34; endnotes).

Overall, the Regulations are a regulation-level implementation of HCDG security measures that layers State administrative licensing, Commonwealth security assessments and national mutual recognition, and which both draws on and feeds back into other statutory frameworks.

The Regulations are a 2016 instrument that replaced the prior HCDG regulatory instrument and, as at the version provided, shows no subsequent amendment entries in its table of amendments.

Key points from the text about amendments and statutory history

Making, commencement and revocation of earlier rules: The Regulations were made on 26 July 2016 under s 52 of the Dangerous Goods Act 1985 and came into operation on 31 July 2016 (reg 3 and endnotes). They expressly revoke the Dangerous Goods (HCDG) Regulations 2005 (reg 4).
Version and status: The copy provided is Version No. 001, “version as at 31 July 2016” (front matter). The endnotes state the Regulations will sunset ten years after making on 26 July 2026 under the Subordinate Legislation Act 1994 (endnotes).
No amendments recorded up to publication: The “Table of Amendments” in the endnotes records “There are no amendments made to the Dangerous Goods (HCDG) Regulations 2016 by statutory rules, subordinate instruments and Acts” (endnotes, item 2).
Amendments to related instruments: Part 7 contains specific consequential amendments to the Dangerous Goods (Explosives) Regulations 2011 replacing references to the 2005 HCDG Regulations with 2016 (reg 35(1)-(3)). This is a drafting correction tying the explosives regulations to the updated HCDG instrument.
Fee-unit updates are external: While the schedule of fees in reg 32 is expressed in fee units, the endnotes remind users that the value of a fee unit is set annually under the Monetary Units Act 2004 and must be published in the Gazette and a Victorian newspaper (endnotes, “Fee Units” paragraph). This means the dollar equivalent of the fee table will change annually without amending these Regulations.
Reprint notes: The endnotes refer to related earlier reprints for the Dangerous Goods (Explosives) Regulations (endnotes 4.1 and 4.2). The Regulations incorporate the statutory rule history for those related instruments.

Practical consequences of the amendment architecture

Static content vs dynamic fees: The regulatory requirements (licensing, security plans, procedures) are fixed in the instrument, but the cost to applicants in dollar terms varies with the Treasurer’s annual fee-unit setting. Practitioners should consult the current fee-unit notice for exact dollar fees.
Sunset planning: Because the instrument is subject to a sunset date (26 July 2026), stakeholders should plan for legislative review or re-enactment processes approaching that date. The endnotes specify the sunset in line with the Subordinate Legislation Act 1994.
Consequential updating: The Regulations update cross-references in the explosives regulations; users of that related instrument should note the substituted years (reg 35) to ensure cross-consistency.

In summary, the instrument replaced 2005 regulations, contains no recorded amendments as at the version date, and relies on external fee-unit adjustments and a statutory sunset for future change. Users should monitor the Gazette, the Authority’s website, and reprints for any later amendments or replacements.

The text of the Regulations does not record any litigation or case authorities. There are no cases, appeals, tribunal decisions or judicial interpretations cited or relied on within the instrument or its endnotes. The Regulations do not provide examples of adjudicated disputes or judicial decisions interpreting their provisions.

What the absence of litigation information means for practitioners

No statutory precedents included: Because the Regulations themselves contain no litigation history, there is no binding or persuasive case law cited in the instrument to help interpret particular clauses such as the exact scope of “secure store,” the practical meaning of “unsupervised access,” or the precise operation of procedural fairness obligations in regs 22 and 27.
Practical implication: Parties will need to rely on general administrative law principles and on litigation under the Dangerous Goods Act 1985 and related statutes for any judicially tested interpretations. Where questions arise about the exercise of discretion by the Authority (for example, on granting class exemptions, assessing “lawful need,” or making ASIO-related security assessments), the usual routes of administrative review and judicial review in Victorian courts and tribunals apply, but the Regulations themselves do not summarise the outcomes of any such processes.
Evidence of practice: In the absence of reported litigation, administrative practice, published Authority decisions, Gazette notices of class exemptions or published guidelines on security plans will be important primary sources of operational interpretation. Practitioners should check the Authority’s website and the Government Gazette for decisions, exemptions and published security plans or templates that may shape compliance expectations.
Litigation risk areas to anticipate: Although not evidenced in the text, the Regulations set up potential areas for dispute where litigated interpretation could arise: assessment of “lawful need” (reg 8), the interplay between individual exemption applications and class exemptions (regs 25-26), the effect of mutual recognition and the condition in reg 29(2), and procedural fairness issues when the Authority proposes to amend/suspend/revoke permits or exemptions (regs 22(4), 27(2)). Absent case law, these remain speculative priorities for review.

Conclusion on litigation history

The Regulations themselves contain no litigation history. Practitioners must therefore turn to administrative records, the Dangerous Goods Act 1985, and any subsequent case law outside the instrument to locate judicial interpretation. When advising clients, verify whether any tribunal or court decisions have been published since the 2016 version provided here.

This section highlights operational and legal “pitfalls” built into the text: points where compliance can be unintentionally missed or where the Regulations’ drafting creates counter‑intuitive results.

Exemption permutations: individuals cannot apply to be exempted from the requirement to hold an HCDG licence (reg 25(1) expressly excludes that possibility), yet the Authority may grant class exemptions that do include exemption from holding an HCDG licence (reg 26(1)). Practical effect: an individual cannot seek a personal carve-out from licensing, but a sector-wide (class) exemption may be created by the Authority, and that class exemption must be published (reg 26(3)). If a business relies on an informal understanding, confirm whether the Authority has published an applicable class exemption.
Permit-nomination linkage: Holding a permit alone does not entitle a person to unsupervised access. A permit authorises unsupervised access only if the permit-holder is specifically nominated as an authorised person in a licensee’s security plan (reg 19(2) and reg 7(1)(b)). Practical consequence: employers and licensees must keep security plans up-to-date (Schedule particulars and reg 13) to avoid a gap where a permit-holder cannot lawfully have unsupervised access.
Residence requirement for permits: Only natural persons who are residents of Victoria may apply for unsupervised access permits (reg 18(1)). Interstate or short-term personnel who need unsupervised access will need either an appropriate licence-holder nomination or supervised access arrangements, or rely on mutual recognition where applicable (regs 29-31).
Re-use of security assessments limited by “same name” rule: Several provisions exempt a person from undergoing a further security assessment if they have previously undergone one “under the same name” under these Regulations or the Dangerous Goods (Explosives) Regulations 2011 (regs 11(3), 15(3), 19(5), 20(4)). Practically, name-change, corporate restructure, or different name formats can trigger fresh assessments , confirm identity linkages in advance.
Narrow definitions of “unexplained loss”: The defined term excludes loss explainable by product density changes, spillage, calibration variances, humidity effects and “other like things” (reg 5). Licensees must be able to document reconciliations and measurement methods (Schedules 1(j) and 2(n)(iv)(B)-(D)). Failure to maintain reconciliation systems can convert ordinary inventory variance into an “unexplained loss” event triggering reporting obligations (Schedules 1(k) and 2(g)).
Transport-specific sealing and monitoring obligations: Schedule 2 imposes detailed requirements about seals, monitoring and the recordation of seal numbers, load-by-load weight reconciliation and procedures when consignments are temporarily stored (Schedule 2 items (l), (n), (p)-(r)). Practically, logistics providers must have compatible sealing, record and telemetry processes. Mutual recognition for interstate transport requires provision of the security plan to the Authority before transport into Victoria (reg 29(2)); failure to do so may mean interstate transporters are not taken to hold a Victorian licence.
Sales and supply signature requirement: The buyer/recipient must sign the supply or sales record (reg 23(3)(b) and reg 24(1)(b)(ii)). This can be operationally awkward for bulk or agricultural supply chains; companies must design point-of-sale or delivery processes that collect physical or otherwise admissible signatures to comply.
Publication obligations and timing: Approvals under reg 7(2) and (3) that do not name specific persons must be published in the Gazette and online (reg 7(5)). Class exemptions under reg 26 must likewise be published (reg 26(3)). Relying on an unpublished or verbal approval is therefore risky.
Five-year maximum validity and renewals timing: Licences and permits are valid only for up to five years (reg 14(3)(a); reg 19(4); reg 20(1)). Licence renewals require a written application at least one month before expiry (reg 15(1)(a)). Missing the renewal window or failing to supply updated identity/consent details can affect continued authorisation.
Fee calculations tied to fee units: Reg 32 lists fees in fee units. The dollar amount depends on the annually set fee-unit value under the Monetary Units Act 2004 and must be checked in the Gazette. As of 1 July 2016 the fee-unit value is $13.94 (endnotes). Do not assume static dollar amounts.
Import/export seven-day notice: Importers/exporters must notify the Authority at least seven days before proposed movement with detailed information including certificates of analysis, vessel details and storage destination (reg 17(1)-(4)). Short-notice shipments risk non-compliance.
Authority discretion and deadlines: The Authority can impose deadlines (not later than 12 months after issue) requiring implementation of security measures (reg 14(2)). Licence-holders should anticipate capital and operational upgrades when licences are issued or conditioned.

These are concrete operational traps found in the Regulations’ text. Practitioners should map each risk against the entity’s processes (procurement, transport, staff vetting, records, IT systems for sealing/monitoring) and plan administrative steps to mitigate.

This section sets out a practical, source-grounded compliance checklist and implementation sequencing based on the Regulations.

Determine whether an HCDG licence, permit or supervision is required
- Review the activities in reg 7(1). If you import, export, manufacture, store, sell, supply, use, handle, transfer, transport or dispose of HCDG you will generally need a licence (reg 7(1)). If you are to have unsupervised access as a natural person you must hold a permit and be named in a licensee’s security plan (reg 19(2)). Where supervised access is used, ensure procedures and designated supervised areas are recorded in the security plan if applicable (definition of supervised access, reg 5).
Prepare for identity checks and security assessments early
- Natural person applicants must provide specified proof of identity and consent to the Authority obtaining known information (reg 10(1)). Bodies corporate must nominate at least one director or manager and a person responsible for security; those nominated persons must supply identity proof and consent to known information checks (reg 10(3)-(6)). ASIO security assessments are required and the Authority will pay or require the applicant to pay the prescribed assessment/search fees (reg 11(2)(b); reg 33). If the person has undergone a prior security assessment under the same name, request reliance on that assessment per regs 11(3), 15(3), 19(5), 20(4).
Demonstrate lawful need and prepare application materials
- Under reg 8 an applicant for a licence must provide sufficient information about proposed activities and the agricultural/commercial/industrial process showing lawful need under s 9B(1B) of the Act. The Authority can request plans, drawings, procedures and hazard/risk study results (reg 9(3)). Prepare these materials in the form required by the Authority and include fees (reg 9(2)).
Draft security plans to meet Schedules and Authority requirements
- If the licence includes storage or transport, prepare a security plan addressing Schedule 1 (storage) or Schedule 2 (transport) particulars (reg 12; Schedules). Key elements include facility plans, access control, key control procedures, nominated authorised persons, amendment procedures for authorised person lists, training procedures, reconciliation systems (incoming/outgoing) and incident reporting (Schedule 1). For transport, include precautions for the whole journey, sealing and monitoring procedures, vehicle and driver records, sub-contractor contacts, and requirements for temporary storage during loading (Schedule 2). Ensure that the security plan designates a responsible person and procedures to add/remove authorised persons (Schedules).
Implement or plan for security measures within deadlines
- The Authority may impose a condition requiring security measures be implemented by a date not later than 12 months after issue (reg 14(2)). Prepare budgets and project plans for any required physical or procedural upgrades (locks, seals, telematics, training).
Put in place transactional controls and record-keeping
- If selling or supplying HCDG, set up systems to verify recipients’ identity and licence/permit/exemption status at point-of-sale/delivery (reg 23(2)). Design a sales/supply record template capturing date, buyer name, signature, address, telephone, licence or exemption authorising receipt, type and quantity, and incoming goods reconciliation logs (reg 24(1)). Ensure records are retained for at least five years and can be made available for inspection at the place of transaction (reg 24(2)).
Vet personnel and maintain security-authorised lists
- For any person to have unsupervised access they must (a) hold a permit under Part 3 or (b) be named as an authorised person in the licence-holder’s security plan (reg 7(1)(b), reg 19(2)). Ensure the security plan contains procedures for adding/removing authorised persons (Schedule 1(c)-(d), Schedule 2(c)). For corporate licensees, keep nominations of director/manager and security-responsible person current and ensure they meet the prescribed requirements (regs 10, 11, 15).
Prepare import/export notification workflows
- For importers and exporters with relevant licences, implement a process to notify the Authority at least 7 days prior to import/export with type/quantity, certificate of analysis, transport vessel identification, arrival location, recipient authorisation and storage and transport details (reg 17).
Manage exemptions and class exemptions
- If seeking relief from specific regulatory provisions (except the licence requirement for individuals), prepare an exemption application that states the regulations in question and explains an alternative method for achieving an equivalent security level (reg 25(1)-(2)). Expect the Authority to set conditions and to require proof of equivalence (reg 25(4)-(6)). If you aim to operate under a class exemption, monitor the Government Gazette and the Authority’s website for published class exemptions (reg 26(3)).
Budget for fees and security assessment costs
- Calculate licence and duplicate fees in fee units per reg 32. As of 1 July 2016 the fee unit was $13.94 (endnotes), but confirm the current fee-unit value in the Gazette. Security assessment and known information search fees are specified as a $19 security assessment fee and $40 search (reg 33(2)-(3)). Include these in application budgets.
Renewal and continuity planning
- Apply for licence renewal at least one month before expiry with required identity proof, consents and fees (reg 15(1)). Renewals require updated nomination for corporate management/security persons with their identity proof and consent (reg 15(2)). Permit renewals follow reg 20 procedures and require suitability checks (reg 20(3)).
Train and supervise staff
- Meet the duty to ensure persons involved in authorised activities receive sufficient information, instruction, training and supervision, and that contractors comply (reg 16). Records of training and supervision should be maintained as part of the security plan compliance evidence.
Prepare for inspections and incident reporting
- Build processes to produce sales/supply records on demand at the location of transactions, and incident reporting procedures to report theft, attempted theft or unexplained loss as required by Schedules 1(k) and 2(g). Ensure mandatory vehicle sealing and monitoring records are maintained for transport (Schedule 2 items (l), (n), (p)-(r)).
Use mutual recognition appropriately
- If relying on an interstate licence or permit, confirm that the counterpart State/Territory regime is “corresponding”, that the licence/permit is in force and that required security plans have been provided to the administering interstate body (regs 29-31). For interstate transport, transmit the security plan to the Authority before bringing consignments into Victoria (reg 29(2)).
Document change-control and continuity
- Maintain version-controlled security plans and procedures for amending the security plan when adding/removing authorised persons (Schedules 1(d) and 2(c)). Ensure the person designated to maintain the security plan is clearly identified (Schedules).
Legal review
- Because these Regulations are made under the Dangerous Goods Act 1985, and because the Regulations do not themselves set out penalty levels, consult the Act to confirm criminal offence provisions and potential penalties relevant to specific contraventions.

This implementation sequence follows the text of the Regulations and Schedules. For operational matters where the Authority has discretion (approval of exemptions, conditions attached to licences, interpretation of “lawful need”), seek early engagement with the Authority and retain documentary evidence of submissions and approvals, noting the procedural safeguards that must be followed by the Authority when making adverse administrative changes (regs 22(4), 27(2)).

Dangerous Goods (HCDG) Regulations 2016

Plain English Summary

Deep Dive

What it does

Current sections

Dangerous Goods (HCDG) Regulations 2016

Source text: opening excerpt

1 Dangerous Goods (HCDG) Regulations 2016

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply