Western Australian Consolidated Regulations Western Australian Consolidated Regulations In these regulations,
unless the contrary intention appears —
access to an SRS, includes having access to, or
having the means of unlocking, a building, room, container, tank, vehicle or
other thing, or a place, in which the SRS is situated;
Act means the Dangerous Goods Safety
Act 2004 ;
ADG Code means the Australian Code for the
Transport of Dangerous Goods by Road and Rail , Seventh edition, 2007,
published by the Commonwealth of Australia (ISBN 1 921168 57 9)
(also called the Australian Dangerous Goods Code) including (for the avoidance
of doubt) its appendices;
annual fee , for a licence, means the annual fee
in Schedule 1 for the licence;
approved form means a form approved under
regulation 8 ;
commercial laboratory means an analytical or
research laboratory that is operated for lawful commercial purposes, but not a
laboratory controlled and managed by a government organisation;
educational institution means —
(a) a
government school, or a non-government school, as those terms are defined in
the School Education Act 1999 ; or
(b) an
institution established under any of these Acts —
(i)
Curtin University of Technology Act 1966 ;
(ii)
Edith Cowan University Act 1984 ;
(iii)
Murdoch University Act 1973 ;
(iv)
University of Notre Dame Australia Act 1989 ;
(v)
University of Western Australia Act 1911 ;
(vi)
Vocational Education and Training Act 1996 ;
employee of a licence holder includes a partner
of, and a person employed under a contract for services by, the holder;
explosive has the meaning given to that term in
the Dangerous Goods Safety (Explosives) Regulations 2007 regulation 8 ;
explosives manufacture (MPU) licence means an
explosives manufacture (MPU) licence issued under the Dangerous Goods Safety
(Explosives) Regulations 2007 ;
government organisation means any body, whether
corporate or unincorporate, or office, established for a public purpose by a
written law or by a law of the Commonwealth;
holder of a licence, means the person to whom the
licence is issued;
illegal product means —
(a) an
explosive; or
(b) a
substance the possession of which by a member of the public is totally
prohibited under a written law; or
(c) a
substance the possession of which by a member of the public is prohibited by a
written law except in circumstances prescribed by the law;
interstate transport licence means a licence
that —
(a) is
issued and in force under the law of another State or a Territory that
corresponds with the Act and these regulations; and
(b)
authorises the holder of the licence to transport an SRS in that State or
Territory;
level 1 fine means —
(a) for
an individual, a fine of $10 000;
(b) for
a body corporate, a fine of $50 000;
level 2 fine means —
(a) for
an individual, a fine of $5 000;
(b) for
a body corporate, a fine of $25 000;
level 3 fine means —
(a) for
an individual, a fine of $1 000;
(b) for
a body corporate, a fine of $5 000;
licence means —
(a) a
licence issued or replaced under these regulations; or
(b) a
shotfiring licence; or
(c) an
explosives manufacture (MPU) licence; or
(d) an
interstate transport licence;
Material Safety Data Sheet (or MSDS) for an SRS,
means a document that contains the information in relation to the SRS that is
required by the National Code of Practice for the Preparation of Material
Safety Data Sheets , 2 nd Edition [NOHSC: 2011(2003)] published by the
National Occupational Health and Safety Commission, whether or not the
document is in the form required by that code of practice;
MSDS stands for Material Safety Data Sheet;
personal details of an individual, means his or
her name and address and a telephone number or numbers on which he or she can
be contacted during and after working hours;
required details of an SRS, means these
details —
(a) the
trade name of the SRS; and
(b) the
chemical composition of the SRS; and
(c) the
form of the SRS (such as emulsion, gel, suspension, granule, flake, pellet or
prill); and
(d) the
quantity of the SRS; and
(e) if
the SRS is dangerous goods, within the meaning given to that term by the
Dangerous Goods Safety (Storage and Handling of Non-explosives) Regulations
2007 regulation 8 —
(i)
the proper shipping name of the SRS under the ADG Code;
and
(ii)
the UN Number of the SRS under the ADG Code; and
(iii)
the classification of the SRS under the ADG Code;
secure , in relation to an SRS, means secure from
sabotage, theft, unexplained loss, and access by any person who, under these
regulations, is not authorised to possess the SRS;
secure employee of a licence holder, means an
individual who —
(a) is
an employee of the licence holder; and
(b) is
authorised by the holder under regulation 9(2) to have unsupervised access to
an SRS;
security clearance for an individual, has the
meaning given to that term by the
Dangerous Goods Safety (Explosives) Regulations 2007 regulation 16;
security risk substance (or SRS) means a substance
named in Schedule 2;
shotfiring licence means a shotfiring licence
issued under the Dangerous Goods Safety (Explosives) Regulations 2007 ;
SRS stands for security risk substance;
store an SRS, does not include to put or keep the
SRS in a vehicle while transporting the SRS;
supervised in relation to access to an SRS, has
the meaning given to that term by regulation 5(1);
supervised access by a person to an SRS, has the
meaning given to that term by regulation 5(2);
supply includes to sell;
unexplained loss of an SRS, means any loss or
apparent loss of the SRS that cannot be explained by things such as product
density changes, spillage, calibration variances and the effects of humidity;
unsupervised access by a person to an SRS, has the
meaning given to that term by regulation 5(3).
[Regulation 3 amended in Gazette
4 Oct 2011 p. 3949; 16 Mar 2012 p. 1260.]