Australian Capital Territory Numbered Regulations

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DANGEROUS SUBSTANCES (EXPLOSIVES) REGULATIONS 2004 (NO 10 OF 2004) - REG 30

Authorisation requests

    (1)     A person may ask the chief executive, in writing, to authorise an explosive.

Note 1     If a form is approved under the Act, s 222 for a request, the form must be used.

Note 2     A fee may be determined under the Act, s 221 for this regulation.

    (2)     The following information and documents must accompany the request:

        (a)     the person's name and contact details;

        (b)     a description of the explosive, including each of the following:

              (i)     the explosive's name;

              (ii)     the explosive's composition, formulation, NEQ and (for a firework) pyrotechnic composition;

              (iii)     the explosive's UN number and classification code, if known and unless it is an unstable explosive article or substance;

              (iv)     for explosive articles—a diagram showing the construction of the explosive (for example, a cutaway drawing showing each component);

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).

        (c)     the use for which the explosive is intended;

        (d)     the following details about the explosive's manufacture or import:

              (i)     if the explosive is manufactured in Australia—the name, address and ABN number of the manufacturer who is to supply the explosive;

              (ii)     if the explosive is manufactured outside Australia—the name of the manufacturer and the name, address and ABN number of the importer who is to supply the explosive;

        (e)     details of any performance and testing of the explosive, in accordance with the UN Test Manual;

        (f)     if the explosive is to be handled in a packaged form—details about the packaging including the following:

              (i)     the method of marking the packaging;

              (ii)     the number of explosives in each form of packaging in which the explosive is handled;

              (iii)     the results of any testing of the packaging under the Australian Explosives Code, and any approval number assigned to the packaging under the code;

        (g)     a copy of a safety data sheet for the explosive, or equivalent information if no safety data sheet is available;

        (h)     any other information or documents required by a form for the request approved under the Act, section 222.

    (3)     However, if the request is for temporary authorisation of an explosive for manufacture and field trials, the request—

        (a)     must be accompanied by a statement of—

              (i)     the reason for seeking temporary authorisation; and

              (ii)     the period for which temporary authorisation is sought; and

        (b)     may omit any information or documents otherwise required by subregulation (2) if they cannot be included because of the nature of the request.

Note     If the UN number and classification code, and details of any performance and testing of the explosive in accordance with the UN Test Manual, is unavailable for an explosive for which authorisation is sought, the explosive will be assigned a default classification under reg 14.

    (3)     The chief executive may exercise the same powers in relation to a request for the authorisation of an explosive as the chief executive may exercise in relation to an application for a licence under the Act, section 51 (Power to ask for information from applicants, licensees and others).



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