Explosives Regulation 2017

This section applies if this regulation states that a person may use alternative safety and security measures for any of the following (each a stated provision)—

an Australian Standard;

a code of practice;

a provision of this regulation.

The person may use systems, methods or procedures (alternative safety and security measures) that do not comply with the stated provision if—

the alternative safety and security measures achieve a level of risk (the required level of risk) that is equal to or less than the level of risk achieved by the systems, methods or procedures provided for under the stated provision; and

the person records the alternative safety and security measures in writing.

The person must, on the request of an inspector, give the inspector a copy of the document recording the alternative safety and security measures.

The inspector may, if the inspector reasonably suspects the alternative safety and security measures do not achieve the required level of risk, give the person a remedial action notice under section 102 of the Act.

The notice must state, in addition to the matters mentioned in section 102(3) of the Act, that the alternative safety and security measures do not achieve the required level of risk.