Terrorism (Community Protection) (Chemicals and Substances) Regulations 2016
S.R. No. 65/2016
Version as at
26 June 2016
TABLE OF PROVISIONS
Regulation Page
1 Objective 1
2 Authorising provision 1
3 Commencement 1
4 Revocation 1
5 Prescribed chemicals and other prescribed substances 1
6 High consequence dangerous goods 2
Schedule 1 3
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Endnotes 4
1 General information 4
2 Table of Amendments 6
3 Amendments Not in Operation 7
4 Explanatory details 8
Version No.001
Terrorism (Community Protection) (Chemicals and Substances) Regulations 2016
S.R. No. 65/2016
Version as at
26 June 2016
1 Objective
The objective of these Regulations is to prescribe the chemicals and substances to which the mandatory reporting requirements in Part 4 of the Terrorism (Community Protection) Act 2003 apply.
2 Authorising provision
These Regulations are made under section 40 of the Terrorism (Community Protection) Act 2003.
3 Commencement
These Regulations come into operation on 26 June 2016.
4 Revocation
The Terrorism (Community Protection) (Chemicals and Substances) Regulations 2006[1] are revoked.
5 Prescribed chemicals and other prescribed substances
For the purposes of section 22 of the Terrorism (Community Protection) Act 2003 a prescribed chemical or substance is a chemical or substance specified in Schedule 1.
6 High consequence dangerous goods
For the purposes of section 22 of the Terrorism (Community Protection) Act 2003 a chemical or substance prescribed to be high consequence dangerous goods is a chemical or substance specified in Schedule 1.
Schedule 1
Regulations 5 and 6
Ammonium nitrate, calcium ammonium nitrate, ammonium nitrate emulsions and ammonium nitrate mixtures containing more than 45% ammonium nitrate other than—
(a) solutions; or
(b) a chemical or substance that is a Class 1 explosive listed in Appendix 1 or 2 of Chapter 9 of the Australian Code for the Transport of Explosives by Road and Rail, Third edition, published by the Commonwealth of Australia, 2009 as published from time to time.
Note
These chemicals or substances include dangerous goods identified in the Australian Code for the Transport of Dangerous Goods by Road and Rail as UN numbers 1942, 2067, 2070, 2071, 2072, 3375 and 3139.
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Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The Terrorism (Community Protection) (Chemicals and Substances) Regulations 2016, S.R. No. 65/2016 were made on 21 June 2016 by the Governor in Council under section 40 of the Terrorism (Community Protection) Act 2003, No. 7/2003 and came into operation on 26 June 2016: regulation 3.
The Terrorism (Community Protection) (Chemicals and Substances) Regulations 2016 will sunset 10 years after the day of making on 21 June 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 Terrorism (Community Protection) (Chemicals and Substances) 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. 80/2006.
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Table of Applied, Adopted or Incorporated Matter
The following table of applied, adopted or incorporated matter is included in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2014.
| **Statutory rule provision** | **Title of applied, adopted or incorporated document** | **Matter in applied, adopted or incorporated document** |
| --- | --- | --- |
| Schedule 1 | Australian Code for the Transport of Explosives by Road and Rail, Third edition, published by the Commonwealth of Australia, 2009 | Appendix 1 and Appendix 2 of Chapter 9 |