Australian Capital Territory Numbered Regulations

DANGEROUS SUBSTANCES (EXPLOSIVES) REGULATIONS 2004 (NO 10 OF 2004) - REG 112

    (1)     For the Act, the matters the chief executive must have regard to in deciding whether a person is a suitable person to be issued with, or to continue to hold, an explosives driving licence include whether the person—

        (a)     is an individual who is at least 21 years old; and

        (b)     has held a driver licence for at least 12 months before the licence is issued; and

        (c)     continues to hold a driver licence after the licence is issued, without the licence being suspended or cancelled; and

        (d)     after the explosives driving licence is issued—is convicted or found guilty in the ACT or elsewhere of an offence involving a dangerous substance; and

        (e)     has been convicted or found guilty within the previous 5 years of a defined driving offence; and

        (f)     has a regular history over the previous 5 years of offences relating to driving vehicles; and

        (g)     has at least 12 months experience driving a vehicle or vehicles of the kind or kinds in which the explosives will be carried; and

        (h)     meets the commercial vehicle driver medical standards required by Assessing Fitness to Drive , published by Austroads Inc.; and

              (i)     has demonstrated adequate knowledge of—

              (i)     the requirements of these regulations and the Australian Explosives Code (as applied by this part) that relate to the carrying of explosives by road; and

              (ii)     the characteristics of explosives of the various hazard divisions; and

              (iii)     the precautions to be taken for the prevention of accidents in the carrying and associated handling of explosives; and

              (iv)     the actions to be taken if an emergency happens involving explosives.

    (2)     A person satisfies the requirements of subregulation (1) (i) if the person has completed and passed a training course approved by the chief executive.

    (3)     In this regulation:

"defined driving offence "means an offence against any of the following provisions:

        (a)     the Road Transport (Alcohol and Drugs) Act 1977 , part 3;

        (b)     the Road Transport (Safety and Traffic Management) Act 1999 , section 6 (Negligent driving), section 7 (Furious, reckless or dangerous driving) or section 8 (Menacing driving);

        (c)     a provision of a law of the Commonwealth or a State that corresponds to a provision mentioned in paragraph (a) or (b).

Note     Additional criteria apply to the issue of the licence (see the Act, pt 4.2).