Australian Capital Territory Numbered Regulations Australian Capital Territory Numbered Regulations(1) Before making a declaration under regulation 31, the chief executive must—
(a) define the composition, quality and character of the explosive; and
(b) assign a classification code to the explosive, unless the explosive is an unstable explosive article or substance.
Note 1 Reg 13 (Method of classification of explosives) and reg 14 (Default classification of explosives) deal with the method of classification to be applied here.
(2) The chief executive may refuse a request for authorisation if any required information, or any required document, is not given with the request.
(3) The chief executive must not authorise an explosive if—
(a) the explosive is a prohibited firework; or
(b) for any explosive—
(i) the explosive is declared by the Minister to be a prohibited explosive for the Act, under regulation 27; or
(ii) the chief executive is satisfied that the authorisation of the explosive would be inconsistent with the purpose stated in the Act, section 6 (1).
(iii) the explosive does not meet any criteria determined by the Minister by notice.
Note The Act, s 6 (1) states that the purpose of the Act is to protect the health and safety of people, and to protect property and the environment from damage, from the hazards associated with dangerous substances. Explosives are dangerous substances (see reg 7).
(4) A determination by the Minister for subregulation (3) (b) (iii) is a disallowable instrument.
Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.