South Australian Consolidated Regulations

EXPLOSIVES (SECURITY SENSITIVE SUBSTANCES) REGULATIONS 2006 - REG 3

3—Interpretation

        (1)         In these regulations, unless the contrary intention appears—

"Act" means the Explosives Act 1936;

"application for variation of a licence or permit"—see regulation 25;

"Class 1 Dangerous Goods" has the same meaning as in the Explosives Regulations 1996 ;

"compatibility group" has the same meaning as in Part 2 of the Explosives Regulations 1996 ;

"domestic partner" means a person who is a domestic partner within the meaning of the Family Relationships Act 1975 , whether declared as such under that Act or not;

"harm" to a person includes death of the person;

"licence" means a licence granted under the Act in relation to a security sensitive substance;

"permit" means a permit granted under these regulations;

"plant" includes—

            (a)         a machine, engine, equipment, container or device; and

            (b)         a component, fitting, pipe or accessory used in or in connection with a machine, engine, equipment, container or device;

"protected works" has the same meaning as in Part 11 of the Explosives Regulations 1996 ;

"secure" means secure from—

            (a)         loss; or

            (b)         theft; or

            (c)         sabotage; or

            (d)         unauthorised access;

"security risk" means risk of—

            (a)         loss, theft or sabotage of a security sensitive substance; or

            (b)         unauthorised access to a security sensitive substance;

"security sensitive ammonium nitrate" has the same meaning as in the Explosives (Security Sensitive Ammonium Nitrate) Proclamation 2006 ;

"security sensitive substance"—see regulation 6;

"sell" includes offer to sell;

"spouse"—a person is the spouse of another if they are legally married;

"supply" includes offer to supply.

        (2)         For the purposes of these regulations, 2 persons are "close associates" if—

            (a)         1 is a spouse, domestic partner, parent, child, brother or sister of the other; or

            (b)         they are in partnership; or

            (c)         they are related bodies corporate (within the meaning of the Corporations Act 2001 of the Commonwealth); or

            (d)         1 is a body corporate and the other is a director, manager, secretary or public officer of the body corporate; or

            (e)         1 is a body corporate (other than a public company whose shares are listed on a stock exchange) and the other is a shareholder in the body corporate; or

            (f)         1 is a trustee of a trust and the other is a beneficiary of the trust or, in the case of a discretionary trust, an object of the trust; or

            (g)         1 has a right to participate, or participates, (otherwise than as a shareholder in a body corporate) in income or profits derived from a business conducted by the other; or

            (h)         1 is in a position to exercise, or exercises, control or significant influence over the conduct of the other.

        (3)         A reference to "keeping security sensitive substances secure includes a reference to keeping the substances secure for the purposes of security within the meaning of the Australian Security Intelligence Organisation Act 1979 of the Commonwealth.