Australian Capital Territory Numbered Regulations Australian Capital Territory Numbered Regulations(see reg 3)
Note 1 The Legislation Act contains definitions and other provisions relevant to these regulations.
Note 2 For example, the Legislation Act, dict, pt 1 defines the following terms:
• chief executive
• Commonwealth
• foreign country
• found guilty
• function
• penalty unit
• police officer
• State.
Note 3 Terms used in these regulations have the same meaning that they have in the Dangerous Substances Act 2004 (see Legislation Act, s 148.) For example, the following terms are defined in the Dangerous Substances Act 2004, dict (or as indicated):
• carry
• dangerous substance (s 10; see also reg 8)
• decision-maker (s 187)
• dispose (see also reg 230)
• hazard (s 15)
• import
• inspector
• licence
• manufacture (see also reg 46 (1))
• non-commercial (s 12)
• person in control (s 17)
• plant
• premises
• prohibited dangerous substance (s 73)
• reasonable steps (s 16)
• reviewable decision (s 186)
• risk (s 15)
• safety management system (s 19)
• supply (see also reg 265)
• system
• trade or commerce
• vehicle.
"aerial shell "means a firework that is—
(a) usually a spherical or cylindrical shell that contains stars or other effects; and
(b) designed—
(i) to be projected from a mortar by a lift charge; and
(ii) to burst high in the air.
Note A salute is an aerial shell designed to produce a loud report (see def salute).
"aerial spinner"—see helicopter.
"amorce "means a firework that—
(a) is a percussion cap; and
(b) has an envelope of paper or other material containing a dot of impact-sensitive pyrotechnic substance; and
(c) may form part of a roll; and
(d) is designed for use in toys.
"ANFO "means an explosive mixture of ammonium nitrate and fuel oil with or without a dye colouring agent.
"application", for a licence authorising the handling of explosives—see regulation 19.
AS 1768 means Australian Standard 1768(Int) Lightning protection.
AS 2187.0 means Australian Standard 2187.0 Explosives—Storage, transport and use, part 0: Terminology.
AS 2187.1 means Australian Standard 2187.1 Explosives—Storage, transport and use, part 1: Storage.
AS 2187.2 means Australian Standard 2187.4 Explosives—Storage, transport and use, part 2: Pyrotechnics—Outdoor displays.
AS 2187.4 means Australian Standard 2187.2 Explosives—Storage, transport and use, part 4: Use of explosives.
AS 4326 means Australian Standard 4326 The storage and handling of oxidising agents.
"Australian Dangerous Goods Code" means the Australian Code for the Transport of Dangerous Goods by Road and Rail, published by the Commonwealth of Australia.
"Australian Explosives Code "means the Australian Code for the Transport of Explosives by Road and Rail, published by the Commonwealth of Australia.
"authorisation number", of an authorised explosive, means the unique authorisation number assigned to the explosive when it is registered under regulation 34.
"authorised explosive"—see regulation 26.
"black powder "means an explosive with a UN number of 0027 or 0028.
Note Black powder is a kind of gunpowder. It consists generally of potassium nitrate (or sodium nitrate), charcoal and sulphur, and under normal circumstances deflagrates rather than detonates (see AS 2187.0, def "black powder").
"blast hole" means a hole made for placing in position explosives that are to be fired.
Note Blast holes are also known as drill holes.
"blasting and fireworks storage", of an explosive mentioned in table 123.1—see regulation 123.
"blasting permit"—see regulation 179.
"blast plan", for division 2.9.4 (Blasting permits)—see regulation 189.
"bulling "means a procedure intended to enlarge a section of a blast hole to accommodate extra explosive.
Note Bulling is usually used to enlarge the bottom of the hole. This procedure is also known as chambering and "springing".
"butt "means a part of a blast hole left after blasting.
"capped fuse" means a length of safety fuse with a detonator crimped at only 1 end.
"carrying licence"—see regulation 99.
"cartridge "means a preformed unit of high explosive enclosed in material (for example, paper or plastic) of a predetermined diameter and length.
Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
"central mixing point", for an explosive mixture—see regulation 46.
"Chinese firecrackers "means strings of crackers designed so the individual crackers ignite sequentially.
"classification code", of an explosive—see regulation 12.
class label—see the Australian Dangerous Goods Code.
Note The Code, s 7.1.1 (1) sets out the requirements for class labels for dangerous goods. Class labels are required to be attached to packages, containers and loads of dangerous goods and are used to identify the class of dangerous goods contained.
"collective hazard division", of explosives stored or carried together—see regulation 16.
"combustible material"—see regulation 122.
"compatibility group", of an explosive—see regulation 11.
"consumer", for part 3.3 (Consumer fireworks)—see regulation 266.
"consumer firework"—see regulation 260.
"consumer fireworks authorised receipt"—see regulation 278.
"consumer fireworks licence"—see regulation 264.
"cracker "means a firework that is—
(a) a tube of rolled paper, or other material containing an explosive substance; and
(b) fitted with a wick or another method of ignition; and
(c) designed to explode with a sharp report.
Note Chinese firecrackers are defined as strings of crackers.
"cut-off" means a form of misfire in which some explosive is left undetonated after an adjacent explosion.
Examples
1 separation of charge by ground movement
2 severance of the initiating line
Note An example is part of the regulations, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
"dangerous substance", for the Act (including these regulations)—see regulation 8.
"defective" explosive, or package of explosives, includes an explosive or package that—
(a) is in a state of deterioration; or
(b) is damaged; or
(c) is leaking; or
(d) is exuding liquid; or
(e) no longer complies with the description or other information for the explosive as registered under regulation 34.
"detonating cord "means a flexible cord with a solid core of high explosives.
"detonator "means a capsule or case containing an explosive of high sensitivity used for initiating other explosives.
Note A detonator is also known as a blasting cap or a cap.
"diameter", for an aerial shell (including a salute shell) that is not spherical, means—
(a) if the shell is cylindrical—the longer of the following:
(iii) the length of the cylinder;
(iv) the diameter of the end of the cylinder; or
(b) in any other case (for example, if the shell is ovoid)—the longest dimension of the shell.
Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
"direct supervision"—a person undertakes direct supervision of an activity being conducted by someone else if—
(a) the person is present where the activity is conducted; and
(b) the person is in a position to personally intervene to prevent a contravention of the Act.
"display operator licence"—see regulation 299.
"display site"—see regulation 299.
"dispose", of an explosive, for part 2.10 (Disposal of explosives)—see regulation 250.
"distress signal" means an article containing a pyrotechnic substance intended for signalling, warning, rescue or similar purposes, and includes the following:
(a) marine flares and signals;
(b) landing flares;
(c) highway fusees;
(d) line-carrying, anti-hail, cloud and avalanche rockets;
(e) smoke generators.
"drive", a vehicle that is a trailer—see regulation 99.
"driver licence" means a written authority (however described) to drive a motor vehicle issued under the law of the Territory, the Commonwealth, a State, another Territory or a foreign country.
"effective barrier"—see regulation 299.
"electrical firing "means—
(a) firing by exploder; or
(b) mains firing.
"emergency plan", for inclusion in a safety management system in relation to the handling of an explosive under a licence, means a plan to manage emergencies that may reasonably be expected to affect the handling of explosives authorised by the licence.
"ensure"—see regulation 20.
"exempt carrier"—see regulation 100.
"exploder "means a self-contained portable device designed to produce electric current for firing charges.
"explosive"—
(a) for the Act (including these regulations)—see regulation 7; and
(b) for part 2.4 (Manufacturing explosives)—see regulation 47.
"explosive mixture"—see regulation 46.
"explosive mixture controller", for division 2.4.5 (Central mixing points)—see regulation 64.
"explosives driving licence"—see regulation 99.
"factory"—see regulation 46.
"filling or capping"—see regulation 46.
"firefighter "means—
(a) a member of the fire brigade, or the fire commissioner; or
(b) a volunteer who, at or immediately after a fire, has placed his or her services at the disposal of the fire commissioner, while exercising functions under the Fire Brigade Act 1957, section 7; or
(c) a bushfire brigade member, a fire control officer, an emergency volunteer firefighter, or the chief fire control officer, under the Bushfire Act 1936; or
(d) a member of a firefighting organisation established in any area of a State or another Territory, while assisting at or immediately after a fire in the ACT.
"firework "means an article that—
(a) is designed for use as a form of entertainment; and
(b) contains a pyrotechnic substance; and
(c) may contain 1 or more other explosive substances; and
(d) burns or explodes (or both) to produce a visual or aural effect (or both).
"fireworks display"—see regulation 299.
"fireworks display permit"—see regulation 299.
"flash powder" means a pyrotechnic substance that is intended to produce a flash of light (whether or not with a report, smoke or sparks).
"flier"—see helicopter.
"fountain "means a firework that—
(a) has 1 or more cases or tubes containing pressed or consolidated pyrotechnic substance; and
(b) is designed, on ignition, to produce a shower of coloured sparks or smoke.
"fuse lighter "means a pyrotechnic article that burns with a very hot jetting flame, and is used to ensure ready ignition of safety fuses.
Note A fuse lighter is also known as a fuse igniter.
"general use firework"—see regulation 259.
"glow worm"—see snake.
"ground display fireworks"—see regulation 299.
"ground spinner "means a firework designed, on ignition, to produce a shower of sparks while spinning on the ground.
"hazard division", of an explosive—see regulation 10.
"helicopter" means a firework consisting of a tube containing a pyrotechnic substance—
(a) with a propeller or blade attached; and
(b) that is designed, on ignition, to spin rapidly and rise into the air, and to produce a visual effect at or near the height of its flight.
Note Helicopters are also known as fliers and aerial spinners.
"identification papers"—see regulation 164 (Consumer fireworks definitions).
"igniter cord" means a thin cord that—
(a) burns with an external flame faster than a safety fuse; and
(b) is used to ignite a number of fuses in sequence.
Note Igniter cord is also known as igniter fuse.
"import licence"—see regulation 89.
"interstate explosives carrying authority", in relation to an explosive carried by road or rail—see regulation 99.
"interstate explosives driving authority", in relation to an explosive carried by road—see regulation 99.
"issue", of a licence giving the licensee a particular kind of handling authority—see regulation 19.
"licensable storage", of an explosive—see regulation 122.
"licensed premises", for division 2.7.4 (Special portable magazine storage)—see regulation 156.
"licensed storage place"—see regulation 122.
"magazine"—see regulation 122.
"magazine area"—see regulation 132.
"mains firing "means the firing of charges from power cables connected to a source of electricity other than an exploder.
"manufacture", of explosives—see regulation 46.
"manufacturing licence"—see regulation 46.
"mine "means a single tube firework that—
(a) is fixed to a solid base; and
(b) projects ignited stars or other effects into the air.
"misfire"—see regulation 236.
"mobile manufacturing unit", for explosives—see regulation 46.
"model rocket" means a rocket that—
(a) is propelled by a motor; and
(b) contains a device for returning it to ground in a condition to fly again; and
(c) is made of paper, wood or breakable plastic, but contains no substantial metal parts; and
(d) is mainly designed to be used for the purposes of education, recreation and sporting competition.
"model rocket motor "means a commercially manufactured device that is designed to be used for the propulsion of model rockets.
"modification", of a factory or safety management system—see regulation 46 (1) (Manufacturing definitions).
"mortar" means a tube that is—
(a) made of material other than steel (for example plastic, cardboard or filament wound fibreglass composite); and
(b) closed at 1 end; and
(c) designed to be used for firing aerial shells and certain kinds of mines.
Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
"multishot cake" means a firework with 2 or more tubes—
(a) on a common base in a common package or bundle, that are fused together; and
(b) that are designed, on ignition of a single external fuse, to fire sequentially in a predetermined series.
Note Multishot cakes are also known as multishot box items" and "combinations.
"NEQ" means the mass of explosive substance contained in an explosive.
Note NEQ stands for ‘net explosive quantity'.
"novelty "means a firework designed to resemble a toy or small animal that produces a visual effect close to the article.
Example
a firework designed to resemble a toy tank, with wheels
Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
"party popper "means a firework that—
(a) is designed to be held in the hand during use and operated by a pull-string; and
(b) has an abrasive surface in sliding contact with a friction-sensitive pyrotechnic substance; and
(c) is designed to produce a report while streamers or confetti (or both) are ejected.
"percussion cap" means a primer for a safety cartridge.
"point of application or use", of an explosive—see regulation 46.
"portable magazine"—see regulation 122.
"primary authorised user", of consumer fireworks—see regulation 294 (Authority for using consumer fireworks).
"primer "means the cartridge, or that part of a charge, carrying a detonator or coupled to a detonating cord, by which the remainder of the charge is detonated.
"process building" means a building used for the manufacture or storage of explosives, other than for immediate use, in which—
(a) an explosive is manufactured; or
(b) an ingredient of explosive is used in a manufacturing process.
"prohibited firework"—see regulation 261.
"propellant "means a deflagrating explosive used for propulsion.
"protected works"—see AS 2187.0.
"pyrotechnic substance "means a substance or mixture of substances designed to produce an effect by heat, light, sound, gas or smoke, or a combination of these, as the result of a non-detonative self-sustaining exothermic chemical reaction.
"Queen's birthday supply", of a consumer firework registered (or proposed to be registered) under division 2.2.4—see regulation 28.
"Queen's birthday supply period"—see regulation 274.
"Queen's birthday weekend use period"—see regulation 295.
"register" means the register of authorised explosives kept under regulation 34.
"road"—see the Road Transport (Safety and Traffic Management) Act 1999, dictionary.
"safety cartridge "means ammunition for small arms with UN number UN0012.
"safety data sheet", for an explosive, means a document including the following information about the explosive and safety measures for dealing with it:
(a) identification;
(b) composition and information on ingredients;
(c) hazards identification;
(d) first-aid measures;
(e) firefighting measures;
(f) spillage and accidental release measures;
(g) handling and storage measures;
(h) exposure controls and personal protection;
(i) physical and chemical properties;
(j) stability and reactivity;
(k) toxicological information;
(l) ecological information;
(m) disposal information;
(n) information about carrying the explosive;
(o) references to relevant laws and standards;
(p) any other information relevant to the safe handling of the explosive.
"safety fuse "means a fuse for blasting—
(a) that is designed to burn at a rate of between 90 and 120 seconds per metre; and
(b) that does not explode; and
(c) the burning of which is not communicated laterally to itself or similar fuses; and
(d) that is used to initiate plain detonators and gunpowder.
"salute shell "means an aerial shell that is designed—
(a) to be projected from a mortar by a lift charge; and
(b) to produce a loud report.
"shotfirer"—see regulation 179.
"shotfirer licence"—see regulation 179.
"signal tube" means a small-bore flexible plastic tube, coated internally with an explosive powder, that can transmit a shock wave along the length of the tube.
"snake" means a firework that is—
(a) a small pressed pellet of pyrotechnic substance; and
(b) less than 25 mm in diameter; and
(c) designed, on being placed on the ground and ignited, to produce an expanding snake-like ash.
Note Snakes are also known as glow worms.
"snap", for a bonbon, means a firework that—
(a) has 2 overlapping strips of card, paper or other material, with a friction-sensitive explosive substance in sliding contact with an abrasive surface; and
(b) is designed to produce a report when the strips are pulled apart.
"sparkler "means a firework that—
(a) has a rigid wire or stick partially coated with a slow-burning pyrotechnic substance; and
(b) is designed to emit sparks with no report.
"special portable magazine storage"—see regulation 157.
"star "means a firework that is—
(a) a pressed or consolidated pellet of pyrotechnic substance; and
(b) designed, on ignition, to be fired into the air and to produce a display of colour and light; and
(c) not designed to produce a report.
"stem "means to place sand or other inert material in a blast hole, either above explosives, or between decks of explosives, so that the effect of the explosives is maximised.
"storage licence"—see regulation 122.
"supplier", for part 3.3 (Consumer fireworks)—see regulation 266.
"supply", of consumer fireworks—
(a) for the Act (including these regulations, other than part 3.3)—see the Act, dictionary; or
(b) for part 3.3 (Consumer fireworks)—see regulation 263.
"supply licence"—see regulation 165.
"tamping "means consolidating stemming material, or pressing explosive cartridge, in a drill hole.
"UN number", of an explosive, means the number listed for the explosive in the Australian Explosives Code, appendix 2.
"unstable explosive article or substance"—see regulation 9.
"UN Test Manual" means the Recommendations on the transport of dangerous goods: Manual of tests and criteria, published by the United Nations.
"vehicle"—see the Road Transport (General) Act 1999, dictionary.
"vulnerable facility"—see AS 2187.0.
"wheel" means a firework that—
(a) has 1 or more drivers; and
(b) is designed, on ignition, to rotate around a fixed point and produce a shower of coloured sparks.
Endnotes
1 Notification
Notified under the Legislation Act on 2 April 2004.
2 Republications of amended laws
For the latest republication of amended laws, see www.legislation.act.gov.au.
© Australian Capital Territory 2004