(1)  In this regulation –

authorisation means authorisation by the Secretary under subregulation (9) ;

determined major hazard facility means a determined major hazard facility as defined in regulation 5 of the Work Health and Safety Regulations 2012 ;

person conducting a business or undertaking means a person conducting a business or undertaking within the meaning of section 5 of the Work Health and Safety Act 2012 ;

prescribed dangerous poison means a dangerous poison to which Condition 1 in Part 1 of Appendix J of the Uniform Standard applies;

workplace means a workplace as defined in section 8 of the Work Health and Safety Act 2012 .

(2)  A person may apply to the Secretary for authorisation.

(3)  The application is to be accompanied by the fee specified in item 8 of Schedule 7 .

(4)  The application is to include information about –

(a) the place or places at which the prescribed dangerous poison is to be kept; and

(b) any other matter the Secretary determines.

(5)  The Secretary may, in the Secretary's discretion –

(a) grant the application, with or without conditions; or

(b) refuse to grant the application.

(6)  Without limiting the Secretary's discretion, the conditions referred to in subregulation (5)(a) may include conditions relating to –

(a) the quantity of the prescribed dangerous poison; and

(b) storage and security requirements for the prescribed dangerous poison; and

(c) record keeping in respect of the prescribed dangerous poison; and

(d) disposal of the prescribed dangerous poison.

(7)  Without limiting the Secretary's discretion, the Secretary may refuse to grant the application if the Secretary considers that –

(a) the applicant has no legitimate need of authorisation; or

(b) in the case of an applicant who is a corporation, the officers of the corporation are not fit and proper persons to have the management of a corporation holding authorisation; or

(c) in the case of any other person, the applicant is not a fit and proper person to hold authorisation.

(8)  The Secretary, when considering whether a person is a fit and proper person for the purposes of subregulation (7)(b) or (c) , may have regard to any matters the Secretary considers relevant.

(9)  If the application is granted, the Secretary is to authorise the person to manufacture, obtain, possess, sell or supply a prescribed dangerous poison.

(10)  If the application is refused, the Secretary is to give the applicant notice of the refusal.

(11)  Subject to subregulation (12) , a person must not manufacture, obtain, possess, sell or supply a prescribed dangerous poison except –

(a) if the person –

(i) is authorised by the Secretary under subregulation (9) ; and

(ii) is acting in accordance with the authorisation and the conditions of the authorisation, if any; and

(iii) keeps the prescribed dangerous poison at the place or places specified in subregulation (4)(a) , except as otherwise authorised by the Secretary under subregulation (5)(a) ; or

(b) for any purpose, or on any condition, set out in these regulations; or

(c) as authorised under any other relevant Act.

Penalty:  Fine not exceeding 10 penalty units.

(12)  Subregulation (11) does not apply to a person who is a person conducting a business or undertaking at a workplace if –

(a) the person has given written notice in accordance with rule 348(1) of the Work Health and Safety Regulations 2012 and that notice has not be superseded by written notice given in accordance with rule 348(4) of those regulations; or

(b) the workplace is a determined major hazard facility.