ADDENDUM TO
THE AUSTRALIAN EXPLOSIVES CODE
SECOND EDITION
© Commonwealth of Australia 2003
ISBN 0 975 19403 8
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1.1 Scope and interpretation of the Code
Amend 1.1(2)(c) ‘which have been confiscated or received by, and under the direct supervision of, the police or the Competent Authority in the cause of public safety’ to read:
(2)(c) which have been confiscated or received by, and under the direct supervision of, an emergency service or the Competent Authority in the cause of public safety.
1.2 Definitions
Insert in appropriate alphabetical order in 1.2:
“Authorisation” means by way of a licence, permit or other means.
“High Security Risk Load” is that load consisting of that quantity of explosives in any row of Table 2.2 based on the load per vehicle, where a road vehicle includes a combination vehicle;
“Emergency service” means:
(a) an ambulance, fire, police or other emergency service;
(b) a unit of the Defence Force corresponding to a service mentioned in paragraph (a);
1.3 List of codes, standards, rules and other instruments referred to in this Code
Insert in appropriate numerical order in 1.3(2):
AS 4145 / Locksets· Part 2 – Mechanical locksets for doors in buildings;
· Part 4 – Padlocks
AS 4255 / Security seals
· Part 1 – Classification;
· Part 2 – Use
Insert as a new entry:
TABLE 2.2
High Security Risk Loads of Explosives
Type of Explosive / QuantityDivision 1.1 other than detonators and fireworks / Exceeding 1000kg
Detonators of 1.1B, 1.4B and/or 1.4S / Exceeding 5000 items
Division 1.2 other than fireworks / Exceeding 5000kg
Classification Code 1.3C / Exceeding 1000kg
Division 1.5 / Exceeding 1000kg
Ballistic discs / shaped charges (NEQ > 5kg), handgrenades (high explosive), mines (including land and anti-tank), and man portable self-contained high explosive weapons systems. / One or more
Notes:
(1) The quantities of explosives set out in the rows of Table 2.2 are not aggregated in determining whether a load is a high security risk load of explosives.
(2) The quantity specified in column 2 is based on load per vehicle, where a road vehicle includes a combination vehicle.
Insert as a new entry:
6.1.1 Requirements for Locks
(1) The owner of a vehicle used, or intended to be used, to transport high security risk loads of explosives, and the prime contractor, shall ensure that any receptacle, carry box, container or IBC used to transport such explosives by road or rail shall be lockable.
(2) If locks, such as padlocks or locksets, are used to provide locking security for high security risk loads of explosives being conveyed on a vehicle, the locks shall be of a type that is intended to prevent unauthorised entry. Australian Standard AS 4145.4: Locksets – Padlocks, and Australian Standard AS 4145.2: Locksets – Mechanical locksets for doors in buildings, provide guidance to typical locks that may provide such security.
Note: An example of a suitable padlock standard, according to Clause A1.6 of Appendix A of AS 4145.4, is SP3, K1 to K4, D1 or D2, C2.
(3) Where other types of locking mechanisms, such as security seals, are used to provide security for high security risk loads of explosives being conveyed on a vehicle, they shall provide the level of security outlined in Clause 6.1.1(2). (Australian Standard AS 4255.1: Security seals – Classification and Australian Standard AS 4255.2: Security seals – Use, provide guidance about seals that may provide such security).
6.2 Requirements for Enclosed Vehicle Bodies and Carry Boxes
Amend 6.2(1) ‘Explosives (other than of Classification 1.4S), in Categories 1 and 2 quantities shall be transported in a locked receptacle securely fixed to the vehicle. The inside surface of the receptacle shall be of wood or some other material incapable of producing incendive sparks. Where the explosives are transported in sealed packages and in an enclosed portion of the vehicle, not being the passenger compartment (e.g. luggage compartment of a sedan), a receptacle is not required’ to read:
(1) When an enclosed vehicle body or carry box is used in the transport of explosives (other than of Classification Code 1.4S other than detonators), in Category 1 and 2 quantities, the following requirements apply:
(a) an enclosed vehicle body shall be lockable;
(b) a carry box, when not contained within an enclosed vehicle body, shall be lockable and securely attached to the vehicle;
(c) the inside surface of an enclosed vehicle body or carry box shall be of wood or some other material incapable of producing incendive sparks;
(d) where the explosives are transported in the passenger compartment of a vehicle, a lockable carry box is required;
(e) where the explosives are transported in sealed packages and in any other enclosed portion of a road vehicle (e.g. boot or luggage compartment of a sedan), a carry box is not required.
Insert as a new entry:
(3) When high security risk loads of explosives are transported in an enclosed vehicle body direct access to the explosives from the cabin of a vehicle shall not be possible.
Amend subclause number ‘6.2 (3)’ to read ‘6.2 (4)’
Amend subclause number ‘6.2 (4)’ to read ‘6.2 (5)’
Insert as a new entry:
8.2.13 Locking Requirements
The owner of a road vehicle, used, or intended to be used to transport explosives, the prime contractor and the driver of the road vehicle shall ensure that any receptacle, carry box, container, IBC and enclosed vehicle body and other enclosed portion of a road vehicle containing explosives shall be locked during the actual transport.
Insert as a new entry:
8.2.14 Audit Requirements
The prime contractor shall ensure that a recorded check or audit is carried out at the final destination to determine that there is no discrepancy between the quantities and types of explosives loaded and unloaded against the documentation. Where a discrepancy is discovered during a check or audit, the prime contractor shall immediately notify the local police station and the relevant Competent Authority of Explosives.
8.4.3 Requirements for Drivers and Attendants
Amend 8.4.3(2) ‘A person shall not drive a vehicle used to transport explosives unless the person is authorised to do so by a Competent Authority’ to read:
(2) A person shall not drive a road vehicle used to transport explosives unless the person is authorised to do so by a Competent Authority. The Competent Authority shall not so authorise such a person if in the 10 years before the date of when the application for authorisation is made, or in the instance of renewals, since the date of the previous authorisation:
(a) the applicant has been found guilty by a court in Australia or elsewhere of an offence that, in the opinion of the Competent Authority, makes the applicant unsuitable to be the driver of a road vehicle transporting high security risk loads of explosives; or
(b) the applicant’s driving licence has been cancelled or suspended on a ground that, in the opinion of the Competent Authority, makes the applicant unsuitable to be the driver of a vehicle transporting high security risk loads of explosives; or
(c) the applicant’s criminal history determined from a national name check with a disclosable category of full exclusion is such that, in the opinion of the Competent Authority, makes the applicant unsuitable to be the driver of a road vehicle transporting high security risk loads of explosives.
Amend 8.4.3(3)(d) ‘the person has been examined by a qualified medical practitioner and found not to have any medical or physical condition that would impair the person’s ability to perform the duties of a driver of a road vehicle used to transport explosives’ to read:
(3) (d) the person has been examined by a qualified medical practitioner, to the requirements specified in the Medical Examinations of Commercial Vehicle Drivers published by the National Road Transport Commission, and found not to have any medical or physical condition that would impair the person’s ability to perform the duties of a driver of a road vehicle used to transport explosives.
Insert as a new entry:
8.8 Requirements for High Security Risk Loads of Explosives
8.8.1 Application of Sub-section
8.8 sets out requirements which apply to the transport of explosives in a quantity sufficient to qualify as a high security risk load. These requirements are additional to those elsewhere specified in this Code, in particular 8.2, 8.3 and 8.4. For the purposes of this Code, a high security risk load of explosives is defined in 1.2.
8.8.2 Security Plans
(1) The prime contractor shall develop and maintain a written security plan that shall cover the arrangements and procedures for the transport of high security risk loads of explosives by road or rail and include at least the following:
(a) a description of the measures for preventing the theft of the explosives being transported by road or rail and for preventing unauthorised people from having access to those explosives;
(b) a statement setting out the vehicle design requirements for vehicles used to transport the explosives, and the load securing requirements for securing and protecting those explosives;
(c) a description of the arrangements for emergency communications in the event of an emergency involving those explosives;
(d) a statement setting out the requirements for training for persons involved in the transport of the explosives by road or rail (training would include dealing with security emergencies and transporting explosives safely); and
(e) a statement setting out the requirements for ensuring that vehicles transporting the explosives travel by the safest practicable route, including the procedures for planning transport routes. In this context, safe includes the most appropriate route, considering the risk.
(2) The prime contractor of a security plan shall provide upon request the security plan for inspection by the relevant Competent Authority.
8.8.3 Compliance with Security Plans
(1) A person who transports high security risk loads of explosives shall comply with any requirement of a security plan that is applicable to the person.
(2) However, if there is an inconsistency between a requirement of a security plan, as it applies to the person, and a requirement of this Code as it applies to the person, the requirement of this Code prevails to the extent of the inconsistency.
8.8.4 Monitoring Systems Requirements
The owner of a road vehicle used, or intended to be used, to transport high security risk loads of explosives, and the prime contractor, shall ensure that a system is in place that will ensure that:
(a) the location of high security risk loads of explosives is known and recorded, independent of the driver, in compliance with the security plan; and
(b) in the event of breach of security involving high security risk loads of explosives, immediate notification is made of the location and time of the event to enable response assistance.
8.8.5 Duties of Drivers, Prime Contractors, Vehicle Owners and Others
(1) A person shall not drive a road vehicle conveying high security risk loads of explosives unless the person satisfies the requirements as set out in 8.4.3(2) and 8.4.3(3).
(2) The owner of a road vehicle used for transporting high security risk loads of explosives, and the prime contractor, shall take all practicable steps to ensure that every person who drives the vehicle while those high security risk loads of explosives are aboard is authorised to do so by the Competent Authority.
(3) The prime contractor and the person who offers or consigns high security risk loads of explosives for transport by road vehicle shall comply with the requirements of 8.4.5 as if the high security risk loads of explosives were explosives in Category 3.
8.8.6 Requirements for Persons Loading, Unloading and Transferring Explosives and Persons Working or Riding on a Vehicle
(1) A person who is involved in the loading onto, unloading from or the transfer to or from a vehicle of packages or IBCs where the total load is a high security risk load of explosives shall have undergone a national name check that, in the opinion of the Competent Authority, indicates that the applicant is suitable to be involved with high security risk loads of explosives.
(2) A person shall not work or ride on a road vehicle conveying high security risk loads of explosives unless that person has undergone a national name check that, in the opinion of the Competent Authority, indicates that the person is suitable to work or ride on a road vehicle conveying high security risk loads of explosives.
(3) Where the monitoring requirements of 8.8.4 are met by the provision of an escort vehicle, then the requirements of 8.8.6(2) apply to the driver, and any passengers, in that escort vehicle.
(4) A person who is under the direct and constant supervision of a person meeting the requirements of 8.8.6(1) is exempted from meeting the requirements of 8.8.6(1).
8.8.7 Competencies for Drivers
A person shall not drive a road vehicle conveying high security risk loads of explosives unless that person has successfully completed approved competency based training relating to the transport of explosives.
8.8.8 Emergency Procedure Guides
The provisions relating to Emergency Procedure Guides in 8.3.7 and 8.3.8 apply to high security risk loads of explosives as if such loads were a Category 2 and 3 load of explosives.
FIGURE 8.1 and FIGURE 8.2
Insert the following matter in Figure 8.1 and Figure 8.2, on the front of the Emergency Procedure Guide, above the box labelled ‘First Aid’:
MISSING OR STOLEN EXPLOSIVES
In the event of explosives being found to be stolen or missing (Refer 8.2.14), the driver shall ensure that the police (dial “000”) and the Competent Authorities are notified as soon as possible.