Australian Capital Territory Numbered Regulations

DANGEROUS SUBSTANCES (EXPLOSIVES) REGULATIONS 2004 (NO 10 OF 2004) - REG 305

    (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, a display operator licence include the following:

        (a)     whether the person is an individual;

        (b)     whether the person has demonstrated adequate knowledge and experience of the following matters (the licence criteria ):

              (i)     safety in the use of fireworks of the kind and size stated in the application;

              (ii)     the requirements of these regulations that relate to fireworks displays.

    (2)     For subregulation (1), an applicant is taken to have demonstrated adequate knowledge and experience of the licence criteria if the applicant meets 1 or more of the following conditions, required by the chief executive:

        (a)     the person has passed an examination approved in writing by the chief executive to test the applicant's knowledge of the licence criteria;

        (b)     the person has—

              (i)     attended a training course approved in writing by the chief executive on the use of fireworks for fireworks displays; and

              (ii)     passed the course, or met an applicable standard of competency to the satisfaction of the chief executive because of the course; and

              (iii)     demonstrated suitable practical experience in the use for fireworks displays of the fireworks intended to be used under the licence, to the satisfaction of the chief executive;

        (c)     the person has demonstrated suitable practical experience in the use for fireworks displays of the fireworks intended to be used under the licence, to the satisfaction of the chief executive.

    (3)     A person is also taken to have demonstrated adequate knowledge and experience of the licence criteria if the person holds a qualification relating to the use of fireworks issued outside the ACT that is approved in writing by the chief executive.

    (4)     An approval under this regulation is a notifiable instrument.

Note     A notifiable instrument must be notified under the Legislation Act.

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