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Dangerous Substances (General) Regulation 2004
Sch 4Security sensitive substances
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Schedule 4 Security sensitive substances
Section 4.1
page 54 Dangerous Substances (General) Regulation 2004
4.1 Meaning of security sensitive ammonium nitrate—
table 4.1
(1) In table 4.1, security sensitive ammonium nitrate means—
(a) a substance that has a UN number mentioned in subsection (3);
or
(b) either of the following substances, if they do not have a UN
number mentioned in subsection (3):
(i) an ammonium nitrate emulsion containing greater than
45% ammonium nitrate;
(ii) an ammonium nitrate mixture containing greater than 45%
ammonium nitrate; or
(c) a substance with UN number 3139 (oxidising liquid, other than
oxidising liquids with different UN numbers), if the substance is
a form of ammonium nitrate.
(2) However, in table 4.1, security sensitive ammonium nitrate does not
include—
(a) an ammonium nitrate solution; or
(b) any form of ammonium nitrate that is an explosive.
Note For the meaning of explosive, see the Act, s 73 and the Dangerous
Substances (Explosives) Regulation 2004, s 7.
(3) For subsection (1), UN numbers for security sensitive ammonium
nitrate are as follows:
• 1942
• 2067
• 2068
• 2069
• 2070
Security sensitive substances Schedule 4
Section 4.1
• 2071
• 2072
• 3375.
(4) In this section:
UN number, for a dangerous substance of a particular kind, means
the identification serial number listed in the ADG Code for dangerous
goods of the same kind.
Note See the ADG Code, s 1.1.3 (def UN number), appendix 1 and
appendix 2.
Part 5.1 Reviewable decisions under Act
page 56 Dangerous Substances (General) Regulation 2004
(see ch 5)
Part 5.1 Reviewable decisions under Act
item
1 47T (1) (b) refuse to allow
individual to occupy
affected residential
premises for which
there is an occupancy
prohibition
owner of affected
residential premises or
proposed occupant
2 52 (3) refuse to issue licence applicant
3 53 (1) issue licence subject to
condition included by
work health and safety
4 54 (1) issue licence for less
than maximum period
allowed
5 58 (3) refuse to amend licence licensee
6 59 impose condition on
licence
amend or revoke
condition included in
licence by work health
and safety
Reviewable decisions Schedule 5
Reviewable decisions under Act Part 5.1
item
7 68 (3) reprimand licensee
require licensee to
undertake training
amend/suspend/cancel
licence
period of / event for
ending suspension
disqualify licensee
period of / event for
ending disqualification
8 68 (4) reprimand former
disqualify former
period of/complete
training/event for
ending disqualification
former licensee
9 69 (2) immediate suspension
of licence
10 124 (1) refuse to accept safety
undertaking
the person who
proposed to give the
safety undertaking
11 125 (1) refuse to agree to
amendment of
refuse to agree to
withdrawal from
relevant person
12 126 (2) refuse to end
on application
relevant person
Part 5.2 Internally reviewable decisions under Act
page 58 Dangerous Substances (General) Regulation 2004
Part 5.2 Internally reviewable decisions
under Act
item
1 47J (1) (a) (i) state expiry date as less
than 2 years for
asbestos contamination
report for affected
owner of affected
2 95 (3) refuse to revoke
compliance agreement
3 100 give improvement
4 102 (2) extend compliance
period for
improvement notice
extend compliance
period for
improvement notice for
less than period asked
for
refuse to extend
compliance period for
improvement notice if
asked
5 106 revoke improvement
refuse to revoke
improvement notice
6 109 give prohibition notice each responsible
Reviewable decisions Schedule 5
Internally reviewable decisions under Act Part 5.2
item
7 111 (2) extend relevant period
for prohibition notice
extend relevant period
for prohibition notice
for less than period
asked for
refuse to extend
relevant period for
prohibition notice if
asked
8 116 (3) refuse to agree to
inspect vehicle or
equipment at place
other than where it was
originally inspected
the relevant responsible
person for the vehicle
or equipment
9 117 revoke prohibition
refuse to revoke
prohibition notice
Part 5.3 Work health and safety commissioner—reviewable decisions under this
regulation
page 60 Dangerous Substances (General) Regulation 2004
Part 5.3 Work health and safety
commissioner—reviewable
decisions under this regulation
item
1 312 (2) or
(4)
refuse to give
2 313 (1) give exemption subject
to condition included
by work health and
safety commissioner
3 318 (3) refuse to amend
exemption-holder
4 319 cancel exemption exemption-holder
5 319 impose condition on
amend or revoke
condition included in
exemption by work
health and safety
exemption-holder
(see s 3)
Note 1 The Legislation Act contains definitions and other provisions relevant to
this regulation.
Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms:
• ACAT
• adult
• doctor
• fail
• fire and rescue service
• home address
• Minister (see s 162)
• penalty unit (see s 133)
• reviewable decision notice
• rural fire service
• under
• work health and safety commissioner.
Note 3 Terms used in this regulation have the same meaning that they have in
the Dangerous Substances Act 2004 (see Legislation Act, s 148). For
example, the following terms are defined in the Dangerous Substances
Act 2004, dict:
• ADG Code
• affected building
• affected residential premises
• asbestos
• asbestos contamination
• asbestos contamination report
• building work
• buyback scheme
• carry
• compliance agreement (see s 94 (2))
• dangerous substance (see s 10)
• dispose
page 62 Dangerous Substances (General) Regulation 2004
• enforceable undertaking (see s 122)
• handle (see s 11)
• import
• improvement notice (see s 100)
• internally reviewable decision (see s 186)
• licence
• licensed asbestos assessor
• licensed asbestos removalist
• loose-fill asbestos insulation (see s 47I)
• manufacture
• non-commercial (see s 12)
• occupancy prohibition
• owner
• person in control (see s 17)
• plant
• premises (and at premises)
• prohibition notice (see s 109)
• reasonable steps (see s 16)
• regulator
• relevant responsible person
• responsible person (see s 18)
• reviewable decision (see s 186)
• risk (see s 15)
• safety undertaking (see s 123 (2))
• supply
• vehicle.
ACM—see asbestos containing material.
adverse security assessment, for chapter 4 (Security sensitive
substances)—see the Australian Security Intelligence Organisation
Act 1979 (Cwlth), section 35.
affected residential premises, for part 3.5 (Asbestos management—
residential premises)—see section 337.
approved display case, for part 3.5 (Asbestos management—
approved warning sign, for part 3.5 (Asbestos management—
asbestos containing material (ACM), for chapter 3 (Asbestos and
asbestos containing material)—see the Work Health and Safety
Regulation 2011, dictionary.
asbestos-related work—see the Work Health and Safety
Regulation 2011, dictionary.
carrying licence, for chapter 4 (Security sensitive substances)—
see section 421.
certified copy, of a licence or authority, means a copy of the licence
or authority certified by the holder of the licence or authority to be a
true copy.
close associate, of a person, for chapter 4 (Security sensitive
substances)—see the Act, section 48.
contamination management plan, for part 3.5 (Asbestos
management—residential premises)—see section 341 (1) (c).
dispose, of a security sensitive substance, for chapter 4 (Security
sensitive substances)—see section 456.
ensure—see section 6.
identification papers, for a person, means a document, or a number
of documents taken together, that—
(a) show the person’s age; and
(b) show a home address for the person; and
page 64 Dangerous Substances (General) Regulation 2004
(c) contain a photograph that could reasonably be taken to be of the
person.
Example of identification papers
a proof of identity card issued under the Liquor Act 2010, s 210, together with a
bank statement showing the cardholder’s residential address
import licence, for chapter 4 (Security sensitive substances)—see
section 414.
interstate security sensitive substances carrying authority, for
chapter 4 (Security sensitive substances)—see section 421.
licence details, of a person who handles or is to handle a dangerous
substance, means details of a licence authorising the person to handle
the substance.
living areas, of premises, for part 3.5 (Asbestos management—
manufacturing licence, for chapter 4 (Security sensitive
substances)—see section 406.
qualified security assessment, for chapter 4 (Security sensitive
substances)—see the Australian Security Intelligence Organisation
Act 1979 (Cwlth), section 35.
security cleared responsible person, for chapter 4 (Security sensitive
substances)—see section 402.
security plan, for chapter 4 (Security sensitive substances)—see
section 402.
security risk assessment, in relation to the handling of a security
sensitive substance, for chapter 4 (Security sensitive substances)—
see section 402.
security sensitive substance, for chapter 4 (Security sensitive
substances)—see section 400.
storage licence, for chapter 4 (Security sensitive substances)—
see section 432.
supply licence, for chapter 4 (Security sensitive substances)—
see section 440.
unsupervised access, to a security sensitive substance, for chapter 4
(Security sensitive substances)—see section 402.
user licence, for chapter 4 (Security sensitive substances)—
see section 448.
1 About the endnotes
page 66 Dangerous Substances (General) Regulation 2004