Australian Capital Territory Numbered Regulations

DANGEROUS GOODS REGULATIONS AMENDMENT (2001 NO 14) - REG 11

substitute

59     Production of evidence of authority to receive explosives

    (1)     This regulation applies to a person (the buyer ) who is authorised under this division to receive explosives (other than to a person who receives explosives in accordance with regulation 58).

    (2)     The buyer's authority to receive the explosives is subject to the production by the buyer to the person who is selling the explosives (the seller ) of the buyer's evidence of authority, as stated in the following table, to receive the explosives.

Note     Sell includes offer for sale, expose for sale and supply (see the Act, dict, def of sell ).

Evidence of authority to receive explosives

column 1 item	column 2 authority to receive	column 3 evidence of authority
1	regulation 51 (1)	•     the person's licence or permit under the Firearms Act 1996 for a firearm that uses the kind of propellant powder or safety cartridges being received by the person               •     a permit or authorisation issued by the registrar of firearms that authorises the person to buy the safety cartridges
2	regulation 51 (2) or (3)	•     a licence under the Act authorising the keeping or conveyance of the explosives               •     other evidence providing reasonable grounds for belief that the person is authorised to receive the explosives
3	regulation 51A	a licence or permit under the law of a State or another Territory that authorises the person to receive, in that place, the kind and (if applicable) the quantity of explosives being received by the person
4	regulations 52, 53, 56 or 57 (5) (a) (i)	a licence or permit under the Act that authorises the recipient to import, manufacture, sell or receive the kinds and (if applicable) the quantity of explosives being sold

Example—application of table to fireworks

The evidence that must be produced to receive fireworks is:

              •     a shopgoods fireworks purchasers permit or public display fireworks purchasers permit (item 4); or

              •     a licence or permit under the law of a State or another Territory that authorises the person to receive, in that place, the kind and (if applicable) the quantity of explosives being received by the person (item 3).

    (3)     A buyer does not produce evidence to the seller unless—

        (a)     if the seller is a corporation—the buyer allows a person who appears to be an executive officer, employee or agent of the corporation to read, make a copy of or take extracts for the licence or permit; or

        (b)     in any other case—the buyer allows a person who is or appears to be an employee or agent of the seller acting in the course of his or her employment or within the scope of his or her authority to read, make a copy of or take extracts for the licence or permit.