Sch 4Security sensitive substances

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