Australian Capital Territory Numbered Regulations

DANGEROUS SUBSTANCES (EXPLOSIVES) REGULATIONS 2004 (NO 10 OF 2004) - REG 25

    (1)     A responsible person for an explosive, on becoming aware of an incident of theft or loss at premises where the explosive is stored, must—

        (a)     without delay, tell the chief executive and a police officer about the incident; and

        (b)     if asked by an inspector, within 48 hours after the request give a written report to the inspector setting out the details of the incident and describing the kind and amount of any explosives lost or stolen.

Maximum penalty: 30 penalty units.

Note 1     Premises are defined in the Act, dict, to include land, structures and vehicles.

Note 2     Responsible person , for a dangerous substance (including an explosive) is defined in the Act, s 18.

    (2)     If there are 2 or more responsible people for the explosive, compliance by any 1 or more of them with subregulation (1) is taken to be sufficient compliance with this regulation.

    (3)     This regulation does not apply to—

        (a)     explosives that are general use fireworks;

        (b)     an incident of theft or loss in relation to a person responsible for explosives that are consumer fireworks, if the consumer fireworks were supplied to the person by retail.

    (4)     An offence against this regulation is a strict liability offence.

    (5)     In this regulation:

"incident of theft or loss", at premises, means—

        (a)     the theft or loss of explosives from the premises; or

        (b)     a break-in to the premises; or

        (c)     an attempt to do something mentioned in paragraph (a) or (b).

Part 2.2     Authorisation of explosives

Division 2.2.1     Preliminary