(1) A person who
supplies a quantity of an SSAN to another person must hold at least one of
these licences that relates to the SSAN and authorises the supply of that
quantity —
(a) an
SSAN import/export licence;
(b) an
SSAN manufacture licence;
(c) an
SSAN storage licence;
(d) an
SSAN transport licence;
(e) an
SSAN supply licence.
(2) A person does not
have to hold a licence referred to in subregulation (1) to supply an SSAN
if —
(a) the
person —
(i)
is a secure nominee of the holder of a licence referred
to in subregulation (1) that authorises the holder to supply the SSAN in
the circumstances; and
(ii)
supplies the SSAN in accordance with the unsupervised
access authorisation given by the holder to the nominee;
or
(b) the
person supplies the SSAN while being supervised by the holder of a licence
referred to in subregulation (1) that authorises the holder to supply the SSAN
in the circumstances.
(3) A person does not
have to hold a licence referred to in subregulation (1) to supply an SSAN if
the person holds a shotfiring licence that relates to the SSAN
and —
(a) in
the course of manufacturing an explosive for use by another person who holds a
shotfiring licence that relates to the SSAN, supplies the SSAN to that person;
or
(b) in
the course of manufacturing and detonating an explosive as a service provided
to another person who does not hold a shotfiring licence that relates to the
SSAN —
(i)
supplies the SSAN to that person; and
(ii)
does not give possession or the control or management of
the explosive to the other person.
(4) A person does not
have to hold a licence referred to in subregulation (1) to supply an SSAN if
the person —
(a)
holds an explosives manufacture (MPU) licence that relates to the SSAN; and
(b) in
the course of manufacturing an explosive for use by another person who holds a
shotfiring licence that relates to the SSAN, supplies the SSAN to that person
by means of an MPU; and
(c) does
not give possession or the control or management of the explosive to a person
who is not authorised to possess it under the Dangerous Goods Safety
(Explosives) Regulations 2007 .
(5) A person does not
have to hold a licence referred to in subregulation (1) to supply an SSAN
if —
(a) the
person —
(i)
controls and manages a commercial laboratory; or
(ii)
is employed in such a laboratory by the person who
controls and manages the laboratory;
and
(b) the
person supplies the SSAN for analytical or research purposes in the laboratory
that do not involve the manufacture of an illegal product; and
(c) not
more than 3 kg of any SSAN is at the laboratory.
(6) A person does not
have to hold a licence referred to in subregulation (1) to supply an SSAN
if —
(a) the
person —
(i)
is an educational institution or government organisation;
or
(ii)
is employed by such an institution or organisation; or
(iii)
is a student at an educational institution;
and
(b) the
person supplies the SSAN for analytical, educational or research purposes in a
laboratory of the institution or organisation that do not involve the
manufacture of an illegal product; and
(c) not
more than 3 kg of any SSAN is in the laboratory.
Note for this regulation:
The Act s. 11
(Unlicensed person involved with dangerous goods).
[Regulation 27 amended: Gazette
4 Oct 2011 p. 3951; 2 Dec 2013 p. 5508;
5 Feb 2016 p. 363‑4.]