Australian Capital Territory Numbered Regulations

DANGEROUS SUBSTANCES (EXPLOSIVES) REGULATIONS 2004 (NO 10 OF 2004) - REG 100

    (1)     A person may carry an explosive by road (in the ACT) only if—

        (a)     the person is authorised to do so under a carrying licence; or

        (b)     the person holds an interstate carrying licence that authorises the person to do so; or

        (c)     the person—

              (i)     drives a vehicle carrying the explosive by road (in the ACT); and

              (ii)     is authorised to carry the explosive by road in that vehicle (in the ACT or elsewhere) under an interstate explosives carrying authority; and

              (iii)     holds an explosives driving licence, or an interstate explosives driving licence, authorising the driving of that vehicle carrying the explosive by road (whether in the ACT or elsewhere); or

        (d)     the person (an "exempt carrier")—

              (i)     carries a category 1 load of explosives; or

              (ii)     is authorised (otherwise than under a carrying licence) or permitted to handle the explosive under the Act (including these regulations).

Examples of authority or permission for par (d) (ii)

1     An adult ACT resident who holds a consumer fireworks receipt is authorised under these regulations to possess and use the consumer fireworks mentioned in the receipt (see reg 294).

2     The handling of general use fireworks is permitted under the Act. There are no restrictions on handling general use fireworks apart from generalised safety duties under the Act relating to dangerous substances.

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).

    (2)     A carrying licence that authorises the carrying of an explosive by road (in the ACT) authorises the carrying of the explosive by—

        (a)     the licensee; or

        (b)     an individual who—

              (i)     is engaged (as an employee or contractor) to carry the explosive by road under the supervision of the licensee; and

              (ii)     holds an explosives driving licence, or an interstate explosives driving licence, authorising the driving of a vehicle carrying the explosive.

Note 1     Carrying licences are issued under the Act, ch 4 (Licences for dangerous substances). Explosives are dangerous substances.

Note 2     A person who carries an explosive without authorisation may commit an offence against the Act, pt 5.1.

Note 3     In addition to the requirements of this regulation in relation to the carrying (in general) of explosives, anyone driving a vehicle to carry explosives by road must have authority to do so (eg an explosives driving licence or an interstate explosives driving licence)—see reg 107.

    (3)     In this regulation:

category 1 load , of explosives, means a category 1 load of the explosives under the Australian Explosives Code.

Note     A category 1 load is a ‘low risk' load under the code, table 2.1.