Australian Capital Territory Numbered Regulations

DANGEROUS GOODS REGULATIONS AMENDMENT (2001 NO 14) - REG 9

substitute

54     Issue of public display fireworks permits

    (1)     A person may apply to the chief inspector for a general public display fireworks permit or a special public display fireworks permit.

Note 1     A fee may be determined under s 46 (Determination of fees) of the Act for this regulation.

Note 2     If a form is approved under s 45 (Approved forms) of the Act for this regulation, the form must be used.

    (2)     The chief inspector may issue a public display fireworks permit to a person if satisfied that the person is at least 18 years old and suitable to conduct a public fireworks display.

    (3)     In considering whether a person is suitable to conduct a public fireworks display, the chief inspector may have regard to—

        (a)     the kind of display or displays that the person proposes to conduct; and

        (b)     the person's qualifications, knowledge and experience in the use of the kinds (including size) of fireworks to which the application relates; and

        (c)     the risk of injury or damage to people, animals or property from fireworks used for the display.

    (4)     A public display fireworks permit must state—

        (a)     the person to whom it is issued; and

        (b)     for a general public display fireworks permit—

              (i)     the kinds (including size) of fireworks that may be received under the permit; and

              (ii)     the period for which it is in force; and

        (c)     for a special public display fireworks permit—

              (i)     the kinds (including size) of fireworks that may be received under the permit; and

              (ii)     when and where the public fireworks display may be held; and

        (d)     the conditions (if any) to which the permit is subject.

55     Conditions of public display fireworks permits

    (1)     A general public display fireworks permit is subject to the condition that the permit holder must, at least 5 business days before the holding of a public fireworks display under the permit, give written notice to the chief inspector of—

        (a)     when and where the display is to be held; and

        (b)     the kinds (including size) and quantities of fireworks to be used in the display; and

        (c)     the name and address of every person from whom fireworks for use in the display have been or will be obtained; and

        (d)     the name and address, and the qualifications, knowledge and experience in the use of the kinds (including size) of fireworks to which the permit relates of each person who will be assisting the permit holder, or be supervised by the permit holder, in the conduct of the display.

Note     A business day is a day other than a Saturday, Sunday or public holiday, see the Interpretation Act 1967 , dict.

    (2)     A public display fireworks permit is subject to any conditions stated in the permit that the chief inspector considers necessary or desirable for—

        (a)     the appropriate use of fireworks under the permit; or

        (b)     the safety of persons, animals or property.

56     Authority given by public display fireworks permits

    (1)     Subject to regulation 59 (Production of evidence of authority to receive explosives), a general public fireworks display permit authorises—

        (a)     the permit holder, and any person assisting the permit holder, to receive fireworks of the kinds stated in the permit for use in a public fireworks display notified in accordance with regulation 55 (1); and

        (b)     the permit holder to conduct, or supervise the conduct of, the public fireworks display in accordance with the permit.

    (2)     Subject to regulation 59, a special public display fireworks permit authorises—

        (a)     the permit holder, and any person assisting the permit holder, to receive fireworks of the kinds and quantities stated in the permit for use in the public fireworks display stated in the permit; and

        (b)     the permit holder to conduct, or supervise the conduct of, the public fireworks display in accordance with the permit.

57     Shopgoods fireworks purchasers permits

    (1)     A person may apply to the chief inspector for a shopgoods fireworks purchasers permit.

Note 1     A fee may be determined under s 46 (Determination of fees) of the Act for this regulation.

Note 2     If a form is approved under s 45 (Approved forms) of the Act for this regulation, the form must be used.

    (2)     The chief inspector may issue a shopgoods fireworks purchasers permit to a person if satisfied that the person is at least 18 years old and lives in the ACT.

    (3)     A shopgoods fireworks purchasers permit is subject to any condition stated in the permit.

    (4)     A shopgoods fireworks purchasers permit must state—

        (a)     the person to whom it is issued; and

        (b)     the period during which fireworks may be purchased; and

        (c)     the place at which the fireworks may be used; and

        (d)     the conditions (if any) to which the permit is subject.

    (5)     Subject to regulation 59 (Production of evidence of authority to receive explosives), a shopgoods fireworks purchasers permit authorises—

        (a)     the permit holder—

              (i)     to receive shopgoods fireworks during the
14 days ending at the end of the Queen's birthday public holiday for use in accordance with the permit; and

              (ii)     to use the fireworks on the Queen's birthday public holiday or the previous Saturday or Sunday in accordance with the permit; and

        (c)     anyone else to use the fireworks in accordance with the permit under the immediate supervision of the permit holder.