27Compliance with approved security plans

27 Compliance with approved security plans

(1) A person who transports authorised Commonwealth explosives for a Commonwealth agency (within the meaning of regulation 26) must comply with any requirement of an approved security plan that: (a) is applicable to the person; and (b) the agency has expressly made known to the person. (2) However, if there is an inconsistency between a requirement of an approved security plan, as it applies to the person, and a requirement of these Regulations, or of an order made under these Regulations, as it applies to the person, the requirement of these Regulations, or of the order, prevails to the extent of the inconsistency.

Note 1: Penalties for a failure to comply with this regulation are set by section 20 of the Act.

Note 2: Subsection 13.3 (3) of the Criminal Code provides that a defendant who wishes to rely on any exception, exemption, excuse, qualification or justification provided by the law creating an offence bears an evidential burden in relation to that matter.

Note 3: A security plan of the Defence Force, the Australian Federal Police, the Department administered by the Minister administering Part XII of the Customs Act 1901 or the Department of Defence may be subject to national security classification and may be made available only to security‑assessed persons.