Australian Capital Territory Numbered Regulations

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DANGEROUS GOODS REGULATION (AMENDMENT) (NO. 7 OF 1999) - REG 9

Insertion

    After Division 4 of Part 4 of the Applied Regulation the following Division is inserted:

Division 4A—Fireworks

Subdivision 1—Preliminary

“65A     Shopgoods fireworks

    In this Division—

"shopgoods fireworks "does not include amorces, confetti bombs, model rocket propellant devices, snaps for bonbon crackers, sparklers or streamer cones.

Subdivision 2—Offences

“65B     Use of fireworks—public fireworks displays

    A person must not use a firework (other than amorces, confetti bombs, marine distress fireworks, model rocket propellant devices, snaps for bonbon crackers, sparklers, starting pistol caps or streamer cones) in a public place except—

        (a)     in a public fireworks display in respect of which the holder of a general permit under clause 54 has notified the chief inspector in accordance with subclause 54 (4) of particulars concerning the display; or

        (b)     in a public fireworks display in respect of which a special permit under clause 54 is in force.

Penalty: 10 penalty units.

“65C     Dangerous use of fireworks

    A person must not knowingly use a firework in a manner that is likely to endanger the safety of a person, animal or property.

Penalty: 10 penalty units.

“65D     Use of shopgoods fireworks—Queen's birthday public holiday

“(1)     A person (other than the holder of a permit under clause 54) must not use a shopgoods firework except—

        (a)     on the Queen's birthday public holiday in a year or the previous Saturday or Sunday; and

        (b)     in accordance with a purchaser's permit.

Penalty: 10 penalty units.

“(2)     Subclause (1) does not apply to the use of shopgoods fireworks by a person under 18 years of age under the immediate supervision of a person aged 18 years or older who is entitled to use fireworks under a purchaser's permit.

“65E     Purchase of shopgoods fireworks without permit

    A person must not purchase shopgoods fireworks by retail except in accordance with a purchaser's permit.

Penalty: 10 penalty units.

“65F     Use of marine distress fireworks

    A person must not knowingly use a marine distress firework except in an emergency.

Penalty: 10 penalty units.

Subdivision 3—Purchaser's permits

“65G     Application

    An application for a purchaser's permit must, in addition to satisfying the requirements in clause 7—

        (a)     be made in the appropriate form made available by the chief inspector; and

        (b)     include the information, and be accompanied by any document, required by the form; and

        (c)     be accompanied by the fee (if any) determined under section 12A of the Dangerous Goods Act 1984 .

“65H     Further information

“(1)     The chief inspector may, by written notice given to an applicant, require the applicant to give the inspector further specified information or documents that the inspector reasonably requires to determine the application.

“(2)     The inspector is not required to determine an application until the applicant complies with the requirement.

“65J     Issue

“(1)     The chief inspector may, on application—

        (a)     issue a purchaser's permit; or

        (b)     refuse to issue a purchaser's permit.

“(2)     In determining an application, the chief inspector must be guided by the need to ensure the safety of persons, animals and property.

“(3)     A permit is subject to any condition specified in the permit.

“(4)     The chief inspector may not issue a purchaser's permit unless satisfied that the applicant is aged 18 years or older.

“65K     Permits

    A purchaser's permit must specify—

        (a)     each person or class of persons who may purchase shopgoods fireworks under the permit; and

        (b)     the period during which the purchase may be made; and

        (c)     each person or class of persons who may use the shopgoods fireworks under the permit; and

        (d)     the place or class of places where the shopgoods fireworks may be used.

Subdivision 4—Classification of shopgoods fireworks—suitability for retail sale

“65L     Classification of fireworks

“(1)     The chief inspector may, in writing, classify a shopgoods firework of a particular kind as suitable for retail sale if the firework is part of, or from, a batch of fireworks of that kind from which samples have been—

        (a)     taken in accordance with the relevant sampling standard; and

        (b)     tested in accordance with the relevant testing standard by a person approved in writing by the chief inspector; and

        (c)     found to comply with the relevant performance standard.

“(2)     For this clause, the chief inspector may, in writing, adopt—

        (a)     standards for sampling and testing shopgoods fireworks; and

        (b)     performance standards, particularly in relation to—

              (i)     the stability of shopgoods fireworks, before and during the ignition process; and

              (ii)     the projection of debris by shopgoods fireworks.

“(3)     The chief inspector must, on request in writing by a licensee, give the licensee particulars of the standards adopted by the chief inspector in relation to shopgoods fireworks held by or for the licensee.

“(4)     For this clause, an approved person may—

        (a)     inspect, examine, take samples and test shopgoods fireworks held by or for a licensee; and

        (b)     give ancillary written directions to the licensee.

“(5)     The chief inspector must give a licensee written notice of each decision under subclause (1) concerning fireworks held by or for the licensee.”.



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