Australian Capital Territory Numbered Regulations Australian Capital Territory Numbered RegulationsSchedule 1 Consumer fireworks—registration standards
(see reg 39 (2) (b))
These standards apply to—
(a) the testing of consumer fireworks for the registration of the fireworks for Queen's birthday supply; and
(b) the preparation of the testing report required to accompany a request for registration of the fireworks.
Note 1 The Act mentioned is the Dangerous Substances Act 2004 . These standards are in the Dangerous Substances (Explosives) Regulations 2004 , schedule 1, which is made under the Act. Provisions of these standards are referred to in this schedule as clauses .
Note 2 In these regulations, reg 260 the following fireworks are defined as consumer fireworks if the weight of pyrotechnic substance in each is no more than a prescribed maximum (see detailed definitions of each firework in these regulations, dict):
• fountains
• ground spinners
• helicopters (also known as fliers and aerial spinners )
• mines
• multishot cakes
• novelties
• snakes (also known as glow worms )
• wheels.
Note 3 Any particular kind of consumer firework may only be registered for Queen's birthday supply (that is, supply during the "Queen's birthday supply period"—the week before the Queen's birthday weekend) in each year if it has been tested within 6 months before the beginning of the Queen's birthday supply period in that year (see cl 8 (3)).
Part 1.2 Construction and design standards
2 General construction and design standards
A consumer firework must meet the following construction and design standards:
(a) the firework must be constructed to prevent the escape of any explosive when the firework is handled normally;
(b) the firework must be designed so that it is not likely to cause personal injury or property damage when used in accordance with the instructions that are to be provided when it is supplied;
(c) the firework must not contain a mixture of an unstable, toxic or highly sensitive nature that could possibly make it unsafe.
(1) Explosives in a consumer firework must not contain any of the following:
(a) mixtures of chlorates with sulphur, sulphides, phosphorus, acids, metal powders or any ammonium salts;
(b) arsenic or arsenic compounds, lead or lead compounds or white phosphorous or mercury compounds;
(c) mixtures containing picric acids or salts of picric acids;
(d) any other substance or mixture of an unstable, toxic or highly sensitive nature that that could possibly make the firework unsafe.
(2) The pyrotechnic substance contained in a consumer firework must be 5% by weight, or less, flash powder.
(3) If a consumer firework contains flash powder, it must be exclusively for visual effect, and not for aural effect.
A consumer firework must—
(a) be designed to be ignited by the lighting of a wick, fuse or touch paper; and
(b) be easy to ignite with an ordinary match; and
(c) fire initially between 5 and 10 seconds after ignition; and
(d) for a multishot cake—fire with no more than 5 seconds delay between ignition of successive tubes; and
(d) for a multi-tube fountain—fire with no more than 5 seconds delay between the completion of the effect in 1 tube and the initiation of the next tube.
(1) A consumer firework must not explode completely or partly.
(2) Any aural effect of a consumer firework must be—
(a) no greater than is necessary to achieve the visual effect of the firework; and
(b) a subsidiary effect only.
(3) A consumer firework must be stable when resting in position before ignition, and when it is fired.
(4) A consumer firework must—
(a) have an area of effect of less than 3m radius; and
(b) be able to be complied with safely at no more than 5m from where it is fired.
(5) After firing, a consumer firework must not project itself, or any part of itself, through the air in an erratic or unpredictable way.
(6) Any particle or debris from firing a consumer firework that is projected laterally more than 3m from where it is fired—
(a) must not have a mass of more than 20g; and
(b) must not be burning or incandescent within 3m of the ground, as indicated by the shaded area in figure 1.5.1.
Figure 1.5.1 Burning or incandescent material not
allowed in shaded area 
Part 1.3 Sampling and testing standards
Note Any firework that fails a test under this part must be disposed of under these regulations, pt 2.10 (Disposal of explosives).
(1) Batches of consumer fireworks from which samples are taken for testing must be the batches that are proposed to be supplied by retail during the next Queen's birthday supply period.
(2) Batches of fireworks must contain no fewer than 100 fireworks.
(3) The minimum number of consumer fireworks in a batch mentioned in table 1.6.1, column 2 that must be tested under this part in the circumstances stated in columns 3 and 4 for that batch is as set out in columns 3 and 5 for the batch.
Note Clause 11 (Batch identification)] sets out the requirements for identifying batches of consumer fireworks that are subject to sampling and testing.
Table 1.6.1 Sampling requirements
column 1 item | column 2 Quantity of fireworks in batch | column 3 Minimum sample size for initial testing | column 4 Failure rate for initiation of 2nd round of testing | column 5 Minimum sample size for 2nd round of testing |
|---|---|---|---|---|
| 1 | 100–500 | 6 | 1 | 6 |
| 2 | 501 or more | 10 | 1 | 10 |
7 Test 1—weight and composition
(1) Consumer fireworks must be tested for compliance with regulation 260 (Consumer fireworks) and clause 3 (Composition standards).
Note The size of the sample of fireworks to be tested in a batch must be worked out in accordance with table 1.6.1.
(2) If fireworks remain from a batch of consumer fireworks tested in a previous year that satisfy the requirements for this test, the results of that test may be submitted to satisfy the requirement for this test.
(1) Consumer fireworks must be tested for compliance with clause 4 (Ignition standards) and clause 5 (Firing standards).
Note The size of the sample of fireworks to be tested in a batch must be worked out in accordance with table 1.6.1.
(2) For the test, the fireworks to be tested must be ignited and allowed to fire while the performance of the firework is complied with and measured.
(3) The test must be conducted no earlier than 6 months before the beginning of the Queen's birthday supply period for which Queen's birthday supply registration is sought.
9 Test 3—labelling and construction
(1) Consumer fireworks must be tested for compliance with—
(a) division 3.3.4 (Labelling—consumer fireworks) and division 3.3.5 (Packaging and safety instructions—consumer fireworks); and
(b) clause 2 (General construction and design standards).
(2) All consumer fireworks in each batch must be visually inspected for this test.
Part 1.4 Classification report
In addition to the requirements of this part, the classification report required to accompany a request for registration of a consumer firework for Queen's birthday supply must be prepared in accordance with any form for the report approved for the Act, section 222.
The classification report must identify each batch of consumer fireworks to be registered—
(a) by the manufacturing batch number; or
(b) if the manufacturing batch number is unavailable—by the shipment number and date of arrival of the shipment in Australia; or
(c) if details of the shipment are also unavailable—by the date of the receipt of the fireworks and the name and address of the wholesale supplier.
12 Manufacturer's details
(1) The classification report must include the manufacturer's product code for each consumer firework that is tested.
(2) If the firework has been relabelled with a name different to that under which it was originally supplied, the classification report must include the original manufacturer's product code for the firework.
(3) The classification report must also include the name of the manufacturer of each consumer firework that is tested.
(3) In this clause:
"manufacturer's product code", for a consumer firework, means the name and model number used by the manufacturer to identify the firework.
Note Fireworks from different manufacturers often have the same or similar names or appearance, but different performance characteristics.
13 Photographs or catalogue images of fireworks
(1) The classification report must include, for consumer fireworks of each kind that is tested—
(a) a colour photograph; or
(b) a catalogue image (whether in colour or black and white).
(2) The photograph or image must show—
(a) the firework with its label; and
(b) the detail on the label so that it can be read from the photograph or image.