Dangerous Goods Regulations 1978 (ACT)
Dangerous Goods Regulations 1978 (repealed)
made under the
Dangerous Goods Act 1975
Republication No 7
Effective: 5 April 2004
Republication date: 5 April 2004
As repealed by A2004-7 s 225
Unauthorised version prepared by ACT Parliamentary Counsel’s Office
About this republication
The republished law
This is a republication of the Dangerous Goods Regulations 1978 (repealed), made under the Dangerous Goods Act 1975, including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes).It also includes any commencement, amendment, repeal or expiry affecting the republished law to 5 April 2004.
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">
authorised republications to which the Legislation Act 2001 applies
unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol U appears immediately before the provision heading. The text of the uncommenced provision or amendment appears only in the last endnote.
Modifications
If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see Legislation Act 2001, section 95.
Penalties
The value of a penalty unit for an offence against this republished law at the republication date is—
(a)if the person charged is an individual—$100; or
(b)if the person charged is a corporation—$500.
Dangerous Goods Regulations 1978 (repealed)
made under the
Dangerous Goods Act 1975
Contents
Page
Part 1Preliminary
Name of regulations 2
Dictionary 2
Notes 2
Substances mentioned in sch 1 3
Incorporation of Australian Code for the Transport of Dangerous Goods by Road and Rail 3
Australian Standards 3
Part 2Licences, permits and fees (general)
Division 2.1 Licences and permits
Applications 4
Certain applications to be accompanied by drawings etc 4
Condition on licences for carriage of dangerous goods in vehicles 5
Queen’s birthday public holiday—conditions on licences for retail sale of shopgoods fireworks 5
Change of licence or permit particulars 6
Damaged, stolen, lost or destroyed licences and permits 7
Division 2.2 Register of drivers of vehicles used to carry dangerous goods
Register of drivers of vehicles used to carry dangerous goods 7
Part 3Dangerous goods (general)
Prescription of dangerous goods 12
Transport of dangerous goods by road 12
Classification of dangerous goods 13
Instructions in handling of dangerous goods 16
Precautions to be observed in relation to premises (general) 16
Consignment and delivery records 17
Dangerous occurrences 18
General requirements in relation to dangerous goods 19
Dangerous goods to be kept dry 20
Equipment for use with dangerous goods 20
Supply of liquid and gaseous dangerous goods 20
Interference with signs and labels 22
Breach of regulations caused by emergency etc 22
Approvals 22
Maintenance of buildings etc 23
Penalty 23
Requirements for fire-extinguishers 24
Requirements for self-contained breathing apparatus 24
Apparatus for determining flashpoint 25
Part 4Explosives (general)
Division 4.1 Prescribed, excluded and authorised explosives
Dangerous goods prescribed as explosives 26
Application of Act, pt 4—certain explosives 26
Regulations not to apply to certain explosives 26
Authorised explosives 27
Division 4.2 Safety provisions (general)
Prohibited explosives (ammunition) 27
Electric detonators 29
Sale etc of fireworks—general restrictions 29
41A Classification of shopgoods fireworks for sale 32
Certain explosives not to be manufactured except for immediate use 33
Responsibility of persons possessing explosives 33
Destruction etc of explosives 35
Entry to licensed premises 38
Consignment of explosives 39
Division 4.3 Authority to receive explosives
Certain persons authorised to receive explosives 39
51A Holders of interstate licences and permits 40
Shotfirers’ permits 41
Collectors’ permits 42
Issue of public display fireworks permits 44
Conditions of public display fireworks permits 45
Authority given by public display fireworks permits 46
Shopgoods fireworks purchasers permits 46
Certain persons authorised to receive explosives in the course of mining etc work 47
Production of evidence of authority to receive explosives 48
Division 4.4 Purchase and use of fireworks
Permit required to purchase fireworks 49
Permit required to use fireworks 50
Use of shopgoods fireworks—Queen’s birthday holiday weekend 50
Use of marine distress fireworks 51
Dangerous use of fireworks 51
Division 4.5 Records of sale and receipt of explosives
Records to be kept by licensee for importation or sale of explosives 51
Records to be kept by licensee of vehicle or vessel 53
Records to be kept by licensee for importation or sale of explosives 54
68A Manner of keeping records 56
Part 5Keeping of dangerous goods
Division 5.1 General
Meaning of licence in pt 5 57
Application of pt 5 57
Obligations of licensees and occupiers 58
Occupation of licensed premises 58
Dangerous goods not to be kept except in licensed depots 58
Only certain goods to be kept in licensed depots 58
Depots to comply with pt 5 59
Location of depots (general) 59
Location of depots (distance from protected works etc) 60
Prevention of escape of liquid, gaseous or molten goods 61
Employment of security guard 61
Handling of goods 61
Young persons 63
Intoxicating liquor 63
Depots to be kept clean 63
Fire hazards (general) 63
Fire hazards (vehicles and other appliances) 65
Electrical apparatus and wiring 69
Sprinklers and fire hose reels 69
Requirements for firefighting equipment 70
Fire-extinguishers to be provided at certain depots 71
Notices and labels to be exhibited at depots 71
Goods to be removed from premises on termination of licence 74
Vents in ventilating systems 75
Division 5.2 Keeping of explosives
Certain explosives not required to be kept in or on licensed premises 75
Conditions subject to which certain explosives may be kept 77
Conditions under which shopgoods fireworks and marine distress fireworks may be kept for sale 78
95A Certain signs to be displayed 80
Conditions under which certain safety cartridges may be kept for sale 81
Magazines (separation distances) 82
Construction of external magazines 90
Exhibition of notices in magazines 93
Keeping of explosives of different compatibility groups 94
Magazine keeper 94
Certain articles to be provided 94
Prevention of introduction of hazardous articles into magazines 95
Magazines to be kept locked 95
Packages of gunpowder etc 96
Thunderstorms 96
Restrictions on use of internal magazines 96
Internal magazines for blasting explosives etc 97
Internal magazines for fireworks etc 98
109A Separation distances for depots 98
109B Repacking of shopgoods fireworks 101
Division 5.3 Keeping of dangerous goods of class 2
Definitions for div 5.3 101
Certain gases not required to be kept in or on licensed premises 102
Depots (general) 104
Depots (tanks) 105
Depots (buildings) 106
Depots (areas) 107
Method of storage of certain goods 108
Fire protection 108
Tanks or cylinders having common connections 109
Depots for flammable gases (separation distances) 110
Deliveries to depots for unodorised liquefied petroleum gas 112
Charging of aerosol containers and disposable containers 113
Depots for poisonous gases (general) 116
Depots for poisonous gases (separation distances) 117
Depots for liquid oxygen (general) 120
Depots for liquid oxygen (separation distances) 123
Depots for cryogenic liquids other than oxygen 127
Division 5.4 Keeping dangerous goods of class 3
Meaning of dangerous goods in div 5.4 128
Goods not required to be kept in or on licensed premises 128
Observance of code 129
Location of tanks 129
Drainage areas 130
Fire protection for certain above-ground tanks 130
Keeping of carbon disulphide 132
Liquid seal for underground tanks 133
Liquid seal for above-ground tanks 134
Abandonment and disuse of underground tanks 134
Keeping of dangerous goods of more than 1 class 135
Floating pans in tanks 135
Mechanical ventilation 135
Division 5.5 Keeping of dangerous goods of class 4
Goods not required to be kept in or on licensed premises 136
Dangerous goods of class 4.1, category A 137
Dangerous goods of class 4.1, category B 139
Dangerous goods of class 4.1, category C 140
Dangerous goods of class 4.1, category D 140
Dangerous goods of class 4.2, category A 140
Dangerous goods of class 4.2, category B 141
Dangerous goods of class 4.2, category C 142
Dangerous goods of class 4.3, category A 142
Dangerous goods of class 4.3, category B 143
Dangerous goods of class 4.3, category C 144
Dangerous goods of class 4.3, category D 144
Division 5.6 Keeping of dangerous goods of class 5
Goods not required to be kept in or on licensed premises 144
Goods excluded from div 5.6 147
Dangerous goods of class 5.1 147
Additional requirements for dangerous goods of class 5.1, category A, not being ammonium chlorate 149
Additional requirements for ammonium chlorate 152
Additional requirements for dangerous goods of class 5.1, category B 152
Additional requirements for dangerous goods of class 5.1, category C 159
Additional requirements for dangerous goods of class 5.1, category D 161
Dangerous goods of class 5.2 (general) 163
Dangerous goods of class 5.2 (depots and quantities) 164
Mode 1 depot 165
Mode 2 depot 166
Mode 3 depot 167
Mode 4 depot 168
Division 5.7 Keeping of dangerous goods of class 6
Goods not required to be kept in or on licensed premises 169
Keeping of goods of class 6 170
Division 5.8 Keeping of dangerous goods of class 8
Goods not required to be kept in or on licensed premises 171
Dangerous goods of class 8 (general) 172
Part 6Conveyance of dangerous goods
Division 6.1 General
Meaning of licence in pt 6 173
Application of pt 6 173
General obligation to observe pt 6 173
Certain goods not to be carried except in or on licensed vehicles or vessels 174
Compliance with Australian code 175
Loading and unloading of dangerous goods at night 175
Carriage of dangerous goods on public passenger vehicles 175
Ullage in tanks 176
Signs to be exhibited on vehicles carrying explosives 177
Manner and times of exhibition of signs on vehicles 178
Stoppage of vehicles 179
Pumping or metering units 180
Requirements for tank vehicles 180
Fire precautions (general) 182
Compartments to be kept closed 182
Identification of pipelines 183
Pumping of dangerous goods 183
Division 6.2 Conveyance of explosives
Definitions for div 6.2 184
205A Classification—carriage of more than 1 class of explosives 184
Exemptions from div 6.2 184
Restrictions on use of vehicles 184
Mode 1 vehicles 186
Mode 2 vehicles 187
Mode 3 vehicles 188
Licenses for vehicles 190
Carriage of goods of different kinds 190
Driver to have assistant 191
Wheel chocks 191
Avoidance of fire risks 192
Loading explosives 192
Manner of driving vehicles 192
Carriage of explosives by railway or tramway 193
Carriage of explosives by vessels (general) 195
Loading of explosives on to vessels 196
Division 6.3 Conveyance of dangerous goods of class 2
Carriage of poisonous gases 197
Pumping of gases 197
Gas pipelines 198
Use of plastics or rubber pipelines 200
Division 6.4 Conveyance of dangerous goods of class 3
Vehicles—observance of standards 200
Carriage of carbon disulphide 201
Restrictions on taking of tanks and drums into buildings 202
Engine-driven pumping equipment 203
Power take-off pumps 203
Pumping from vehicles to above-ground tanks 204
Filling and emptying of tanks on vehicles 204
Open hatch filling stations 205
Pipelines 206
Division 6.5 Conveyance of dangerous goods of class 4
Restrictions on conveyance in bulk 212
Division 6.6 Conveyance of dangerous goods of class 5
Conveyance of ammonium nitrate 212
Division 6.7 Conveyance of dangerous goods of class 6
Conveyance of lead compounds 213
Part 7Labelling of dangerous goods
Packages to be labelled and marked as prescribed 214
Class labels 215
Markings 1
Pictorial handling markings 2
Markings on freight containers 3
Requirements to be cumulative 3
Certain labels and writings prohibited 3
Part 8Packaging of dangerous goods
Packages to conform to requirements 5
Packaging requirements 7
Special packaging requirements 7
Approvals 8
Marking of packages 9
Part 9Manufacture of explosives
Definitions for pt 9 10
Application of pt 9 10
Obligation to observe pt 9 10
Buildings and installations to comply with pt 9 10
Matters to be included in licence 11
Matters to be exhibited on process buildings and magazines 11
Location of process buildings 12
Repairs to buildings 12
Lightning conductors 12
Thunderstorms 13
Heating of process buildings 13
Removal of explosives and materials from process buildings 13
Removal of foreign matter from ingredients 13
Tools and implements 14
Vehicles etc 14
Fire hazards (general) 14
Young persons 15
Manufacture of explosives from ammonium nitrate and fuel oil 15
Blending of explosives on site (general) 17
Filling of safety cartridges 18
Part 10Special requirements for certain goods
Division 10.1 Dangerous goods of class 2
Filling of cylinders (general) 19
Acetylene 20
Positioning of liquefied gas cylinders 20
280A Gas equipment in vehicles 21
Liquefied flammable gas 21
Anhydrous ammonia 21
Chlorine 22
Unodorised liquefied petroleum gas 22
Cylinders (general) 22
Valves 22
Filling of balloons etc 23
Division 10.2 Dangerous goods of class 3
Compliance with code 23
Certain goods treated as dangerous goods of class 3.4 24
Pump equipment 24
Colouring of lighting kerosene 26
Use of certain goods in hairdressing 26
Notification of flashpoints 27
Division 10.3 Dangerous goods of class 4
Manufacture etc of nitrocellulose products 28
Part 11Asbestos and asbestos products
Division 11.1 Preliminary
Object of pt 11 31
Definitions for pt 11 31
Meaning of authorised activity and authorised activity condition 32
Division 11.2 Prohibitions relating to asbestos and asbestos products
Prohibition on import of asbestos and asbestos products 33
Prohibition on manufacture of asbestos products 34
Prohibition on supply of asbestos and asbestos products 34
Prohibition on storage of asbestos and asbestos products 35
Prohibition on the use of asbestos and asbestos products 36
Prohibition on the re-use of asbestos and asbestos products 37
Prohibition on the installation of asbestos and asbestos products 37
Division 11.3 Chrysotile product exemptions
Applications for exemptions for chrysotile products 38
Decision on application for exemption 41
Conditions of exemptions 43
Term of exemption 43
Exemption not transferable 43
Form of exemption 43
Operation of an exemption 44
Compliance with exemptions 44
Exemption—application to amend by exemption-holder 45
Cancellation of exemption or imposition etc of conditions on chief executive’s initiative 45
Expiry of div 11.3 47
Part 12Miscellaneous
Review 48
Certificate—prescribed officers 49
Schedule 1Classification of dangerous goods 50
Dictionary61
Endnotes
About the endnotes 77
Abbreviation key 77
Legislation history 78
Amendment history 82
Earlier republications 113
Dangerous Goods Regulations 1978 (repealed)
made under the
Dangerous Goods Act 1975
Part 1Preliminary
Name of regulations
These regulations are the Dangerous Goods Regulations 1978.
Dictionary
The dictionary at the end of these regulations is part of these regulations.
Note 1The dictionary at the end of these regulations defines certain words and expressions used in these regulations, and includes references (signpost definitions) to other words and expressions defined elsewhere in these regulations.
For example, the signpost definition ‘AS—see regulation 6 (Australian Standards).’ means that the expression ‘AS’ is defined in that regulation.
Note 2A definition in the dictionary (including a signpost definition) applies to the entire regulations unless the definition, or another provision of the regulations, provides otherwise or the contrary intention otherwise appears (see Legislation Act 2001, s 155 and s 156 (1)).
Notes
A note included in these regulations is explanatory and is not part of these regulations.
NoteSee LegislationAct 2001, s 127 (1), (4) and (5) for the legal status of notes.
Substances mentioned in sch 1
A reference in schedule 1 to any of the following substances, or groups of substances, is a reference to the substances or groups commonly so described:
ammonium nitrate explosives, blasting explosives, explosive alarm devices, explosive bursters, explosive cable cutters, explosive release devices, explosive rivets, explosive supplementary charges, initiating explosives, potassium chlorate explosive, slurry explosive, sodium chlorate explosive, watergel explosives.
Incorporation of Australian Code for the Transport of Dangerous Goods by Road and Rail
If a provision of these regulations adopts a provision of the Australian code, any requirement made in the adopted provision is taken to be incorporated into these regulations.
Australian Standards
A reference in a provision of these regulations to AS followed by a number is a reference to the Australian Standard so numbered as published by or on behalf of Standards Australia immediately before the provision commenced.
Part 2Licences, permits and fees (general)
Division 2.1 Licences and permits
Applications
An application for the issue, variation or renewal of a licence or permit must be made to the chief inspector.
NoteIf a form is approved under the Act, s 45 (Approved forms) for applications, the form must be used.
Certain applications to be accompanied by drawings etc
(1)An application for a licence under the Act, section 8, 10 or 19 shall be accompanied by drawings of, and specifications and calculations relating to, the premises, vehicle or vessel which the applicant desires that the chief inspector shall specify in the licence in pursuance of the Act, section 8 (2), 10 (2) or 19 (2), as the case may require.
(2)The drawings, specifications and calculations referred to in subregulation (1) shall—
(a)be such as will enable the chief inspector to determine whether or not the premises, vehicle or vessel, as the case may be, conform or conforms to the Act; and
(b)in the case of premises in or on which it is proposed that a depot be situated—show the distance from that depot to all—
(i)occupied buildings, or buildings to be occupied, in or on those premises; and
(ii)other depots or proposed depots in or on those premises; and
(iii)each depot and protected work outside those premises but within twice the separation distance prescribed by regulation 77 in respect of the proposed depot; and
(iv)sources of ignition, and similar hazards, in premises and places adjacent to the premises for which a licence is sought.
NoteA reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations (see Legislation Act 2001, s 104).
(3)Where the chief inspector requires an applicant to furnish, in relation to the application, drawings, specifications or calculations specified by the chief inspector and additional to those accompanying the application, the applicant shall furnish those drawings, specifications or calculations to the chief inspector.
Condition on licences for carriage of dangerous goods in vehicles
For the purposes of the Act, section 27, the following condition is prescribed in respect of all licences authorising the carriage on a vehicle of liquid or gaseous dangerous goods:
where the vehicle to which the licence relates is carrying dangerous goods, only a person registered as a driver of a vehicle used to carry dangerous goods of the class or classes being carried may drive the vehicle.
Queen’s birthday public holiday—conditions on licences for retail sale of shopgoods fireworks
(1)In this regulation:
sale period means the 14 days ending at the end of the Queen’s birthday public holiday in a year.
(2)This regulation applies to the following licences:
(a)a licence under the Act, section 21 for the retail sale of shopgoods fireworks;
(b)a licence under the Act, section 8, 17 or 19 in relation to which the retail sale of shopgoods fireworks is authorised by the Act, section 22.
(3)A licence is subject to the following conditions:
(a)that the fireworks mentioned in subregulation (2) are classified under regulation 41A as suitable for retail sale;
(b)that the licensee cooperate with an approved person acting under regulation 41A and, in particular, complies with any direction by the person under that regulation;
(c)that the fireworks mentioned in subregulation (2) are sold by retail only in the sale period and to the holder of a shopgoods fireworks purchasers permit.
Change of licence or permit particulars
(1)This regulation applies if, after a licence or permit has been issued, particulars set out in the application for the licence or permit, or the licence or permit, are inaccurate or inapplicable because of a change in circumstances.
(2)The holder of the licence or permit must tell the chief inspector in writing of the change as soon as practicable (but within 14 days) after the change and, if the change relates to the licence or permit, return the licence or permit to the chief inspector for amendment or reissue.
Damaged, stolen, lost or destroyed licences and permits
(1)If a licence or permit has been damaged, stolen, lost or destroyed, the person must apply to the chief inspector for the issue of a replacement licence or permit as soon as practicable (but within 14 days) after the licence or permit is damaged, stolen, lost or destroyed.
(2)The licence or permit holder must, with the application—
(a)return the licence or permit to the chief inspector; or
(b)if the licence or permit has been stolen, lost or destroyed—give the chief inspector a statutory declaration that the licence or permit has been stolen, lost or destroyed.
(3)If the chief inspector is satisfied that the licence or permit has been damaged, stolen, lost or destroyed, the chief inspector must issue a replacement licence or permit.
(4)A licence or permit issued under subregulation (3) must be issued for the remainder of the period of the licence or permit that it replaces.
Division 2.2 Register of drivers of vehicles used to carry dangerous goods
Register of drivers of vehicles used to carry dangerous goods
(1)In this regulation:
register means the register of drivers of vehicles used to carry dangerous goods kept by the chief inspector pursuant to subregulation (2).
(2)The chief inspector shall keep a register to be called the register of drivers of vehicles used to carry dangerous goods.
(3)A person may apply to the chief inspector in the approved manner to be registered as a driver of a vehicle used to carry dangerous goods of a particular class or kind.
(4)On receipt of an application made by a person as referred to in subregulation (3), the chief inspector shall register the person as a driver of a vehicle used to carry dangerous goods of the class or kind specified in the application if the chief inspector is satisfied that—
(a)the person is of or above the age of 25 years; and
(b)the person has adequate knowledge of—
(i)the nature and properties of dangerous goods of that class or kind; and
(ii)the actions to be taken to ensure the prevention of accidents, injury or damage to persons or property and to assist in any emergency that may arise in the course of the carriage of dangerous goods of that class or kind; and
(c)the person is experienced in the operation of vehicles used to carry liquid or gaseous dangerous goods.
(5)The chief inspector—
(a)may conduct a course of study in relation to dangerous goods of a particular class or kind which contains such practical and theoretical instruction as the chief inspector thinks necessary to ensure that a person who completes the course, to the satisfaction of the chief inspector, would have adequate knowledge of the matters referred to in subregulation (4) (b) in relation to dangerous goods of that class or kind; and
(b)shall, upon application to the chief inspector, approve a course of study in relation to dangerous goods of a particular class or kind which is conducted by a person if the chief inspector is satisfied that it contains such practical and theoretical instruction as may be necessary to ensure that a person who completes the course, to the satisfaction of the chief inspector, would have adequate knowledge of the matters referred to in subregulation (4) (b) in relation to dangerous goods of that class or kind.
(6)The chief inspector—
(a)may conduct an examination in relation to dangerous goods of a particular class or kind which examines such matters, in such manner and in such detail as the chief inspector thinks necessary to ensure that a person who passes the examination has adequate knowledge of the matters referred to in subregulation (4) (b) in relation to dangerous goods of that class or kind; and
(b)shall, upon application to the chief inspector, approve an examination in relation to dangerous goods of a particular class or kind which is conducted by a person if the chief inspector is satisfied that it examines such matters, in such manner and in such detail as may be necessary to ensure that a person who passes the examination has adequate knowledge of the matters referred to in subregulation (4) (b) in relation to dangerous goods of that class or kind.
(7)The chief inspector may, whether or not a person who is registered as a driver of a vehicle used to carry dangerous goods of a particular class or kind has previously completed a course of study, or passed an examination, in relation to dangerous goods of that class or kind, by notice in writing, require the person to attend such a course, or sit such an examination, conducted or approved by the chief inspector in accordance with this regulation and relating to that class or kind of dangerous goods or a class or kind of dangerous goods forming part of that class or kind within a period specified in the notice.
(8)The chief inspector may remove from the register the name of a person—
(a)who has not, within the period specified in a notice requiring the person to attend a course of study or sit for an examination as referred to in subregulation (7), completed that course to the satisfaction of the chief inspector or, as the case may be, passed that examination; or
(b)who has committed an offence against—
(i)the Act; or
(ii)the road transport legislation within the meaning of the Road Transport (General) Act 1999, section 6 (What is the road transport legislation?); or
(c)who requests that his name be so removed; or
(d)who has died.
NoteA reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations (see Legislation Act 2001, s 104).
(9)The chief inspector may, by amending the register, alter the class or kind of dangerous goods in respect of which a person is registered—
(a)by adding a new class or kind of dangerous goods, if the person has applied to the chief inspector in the approved manner for the register to be so amended and the chief inspector is satisfied that the person has adequate knowledge of the matters referred to in subregulation (4) (b) in relation to dangerous goods of the new class or kind; or
(b)by excluding a class or kind of dangerous goods forming part of that class or kind, if the person has not, within the period specified in a notice requiring him or her to attend a course of study or sit for an examination as referred to in subregulation (7) in relation to the class or kind of dangerous goods forming that part, completed that course to the satisfaction of the chief inspector or, as the case may be, passed that examination.
(10)A person who is aggrieved by a decision of the chief inspector relating to the registration of, or a refusal to register, a person as a driver of vehicles used to carry dangerous goods of a particular class or kind may appeal against the decision to the Minister and any such appeal shall be made and decided and shall have effect as if it were an appeal under the Act, section 29.
Part 3Dangerous goods (general)
Prescription of dangerous goods
The following substances and articles are prescribed as dangerous goods for the purposes of the Act:
(a)the substances and articles set out in schedule 1;
(b)the substances and articles set out in the list in section 9 of the Australian code, other than the substances and articles designated as of class 7 in that section;
(c)substances or articles which—
(i)contain a substance or article referred to in paragraph (a) or (b); and
(ii)exhibit the same dangerous properties as a substance or article so referred to;
(d)any mixture containing a chlorate in admixture with an ammonium salt;
(e)any mixture of hydrogen and oxygen in the concentration range of 2% to 97% inclusive, volume to volume, of hydrogen in oxygen;
(f)any flammable mixture of hydrogen, oxygen and any other gas or gases.
Transport of dangerous goods by road
(1)For the purposes of the definition of dangerous goods in the Act, section 3 (6), the following are declared to be dangerous goods to which that definition applies:
(a)class 1 (Explosives) of the ADG Code;
(b)class 6.2 (Infectious substances) of the ADG Code;
(c)class 7 (Radioactive material) of the ADG Code.
(2)In this regulation:
ADG Code—see the Road Transport Reform (Dangerous Goods) Regulations 1997 (Cwlth), dictionary.
Classification of dangerous goods
(1)In these regulations—
(a)a reference to a class, designated by a number or numbers, of dangerous goods is—
(i)where the class is class 1, 3.3 or 3.4 or a subclass of class 1—a reference to the class of goods so designated in schedule 1; and
(ii)in any other case—a reference to the class of goods so designated in the list in the Australian code, section 9; and
(b)a reference to a group, designated by a letter, of dangerous goods is a reference to the group of dangerous goods of class 1 so designated in schedule 1; and
(c)a reference to a packaging group, designated by a numeral, of dangerous goods is a reference to the group of dangerous goods so designated in the list in the Australian code, section 9; and
(d)a reference to a category, designated by a letter, of dangerous goods is a reference to the category of dangerous goods so designated in table 1A; and
(e)a reference in any provision to a substance by means of the designation ‘UN Number’ or ‘UN No’ followed by a group of numerals is a reference to the substance designated by that group of numerals in the document entitled ‘Transport of Dangerous Goods. Recommendations prepared by the committee of Experts on the Transport of Dangerous Goods.’ and published in 1977 at New York by the United Nations, together with all additions and amendments thereto (if any) so published before the date on and from which that provision took effect.
(2)In these regulations—
(a)a reference to dangerous goods of class 4.1 includes a reference to silver picrate (UN No 1347); and
(b)a reference to dangerous goods of class 5.1 includes a reference to—
(i)ammonium chlorate; and
(ii)ammonium nitrate; and
(iii)ammonium permanganate; and
(iv)perchloric acid (UN No A268); and
(v)zinc ammonium nitrate (UN No 1512); and
(c)a reference to dangerous goods of class 6.1 includes a reference to chloroacetone, unstabilised.
Table 1ACategorisation of dangerous goods
| column 1 category | column 2 | |
| A | nitrocellulose (UN No 2557) | |
| class 4.2, packaging group 1 | ||
| class 4.3, packaging group 1, except lithium aluminium hydride, ethereal (UN No 1411) | ||
| class 5.1, packaging group 1 | ||
| ammonium chlorate | ||
| ammonium nitrite | ||
| ammonium permanganate | ||
| perchloric acid (UN No A268) | ||
| zinc ammonium nitrate (UN No 1512) | ||
| class 5.2, packaging group 1 | ||
| class 6.1, packaging group 1 | ||
| chloroacetone, unstabilised | ||
| class 8, packaging group 1 | ||
| B | class 4.1, packaging group 1, except nitrocellulose (UN No 2557) | |
| silver picrate (UN No 1347) | ||
| class 4.2, packaging group 2 | ||
| class 4.3, packaging group 2 | ||
| ammonium dichromate | ||
| ammonium nitrate (UN No 1942) | ||
| chlorates, inorganic (UN No 1461) | ||
| chlorites, inorganic (UN No 1462) | ||
| pool chlorine | ||
| class 5.2, packaging group 2 | ||
| class 6.1, packaging group 2 | ||
| class 8, packaging group 2 | ||
| C | class 4.1, packaging group 2 | |
| class 4.2, packaging group 3 | ||
| class 4.3, packaging group 3 | ||
| class 5.1, packaging group 2, except category B | ||
| class 5.2, packaging group 3 | ||
| class 6.1, packaging group 3 | ||
| class 8, packaging group 3 | ||
| class 9 | ||
| D | class 4.1, packaging group 3 | |
| lithium aluminium hydride, ethereal (UN No 1411) | ||
| class 5.1, packaging group 3, except category B | ||
Instructions in handling of dangerous goods
Every—
(a)holder of a licence issued under the Act, section 8, 10 or 19 in respect of any premises in or on which dangerous goods are kept or vehicle or vessel in or on which they are carried; and
(b)occupier of premises in or on which dangerous goods are kept; and
(c)owner of a vehicle or vessel used for the carriage of dangerous goods; and
(d)employer of persons engaged in the keeping or conveyance of dangerous goods;
shall take all practicable steps to ensure that every person subject to his or her direction and control and engaged in the handling of the dangerous goods is—
(e)adequately instructed as to the hazards involved in the handling of those goods and precautions to be observed in relation to those goods; and
(f)competent to operate all safety equipment, including vehicles, pumps, fire protection equipment and breathing apparatus, provided in pursuance of these regulations in connection with the keeping, conveyance or handling of those goods.
Precautions to be observed in relation to premises (general)
Every—
(a)holder of a licence issued under the Act, section 8 or 19 in respect of any premises; and
(b)occupier of premises in or on which dangerous goods are kept or explosives are manufactured; and
(c)employer of persons in or on premises referred to in paragraph (a) or (b); and
(d)person employed in or on premises so referred to;
shall—
(e)take all practicable precautions to prevent the occurrence on the premises of accidents through fire, explosion, leakage of dangerous goods or other causes; and
(f)take all practicable precautions to prevent persons from entering, except with the permission of the holder of the licence or the occupier of the premises, the premises and any depot or building in or on the premises, and from having access, except with that permission, to any dangerous goods in or on the premises; and
(g)not do any act in or on the premises that may cause fire, explosion, or any other dangerous occurrence.
Consignment and delivery records
(1)Subject to subregulation (2), every holder of a licence issued under the Act, section 8 for the keeping of dangerous goods, other than explosives, in or on any premises shall make and keep in or on the premises, in a book or in some other suitable form, a record of—
(a)the name of every person to whom; and
(b)the address to which; and
(c)the date on which;
any dangerous goods are consigned or delivered from those premises, together with the description and quantity of the goods consigned or delivered.
(2)Subregulation (1) does not apply to—
(a)the consignment or delivery of dangerous goods of any class in a quantity less than the quantity prescribed under the Act, section 9 (1) in relation to goods of that class; or
(b)the delivery of any goods into the fuel tank of a vehicle or vessel.
(3)Where a holder of a licence makes a record in relation to a consignment or delivery pursuant to subregulation (1), the holder shall preserve the record for 2 years after the date on which the holder makes it.
Dangerous occurrences
(1)In this regulation:
dangerous occurrence means—
(a)an explosion or fire; or
(b)any occurrence resulting in the death of or serious injury to any person or in substantial damage to property; or
(c)any other occurrence involving imminent risk of any explosion or fire or of any such death, injury or damage.
(2)Where there is a dangerous occurrence—
(a)in or on licensed premises; or
(b)in, on or in connection with a licensed transport container; or
(c)in the course of the keeping, conveyance or use of any fireworks received under the authority of a public display fireworks permit;
the holder of the licence or permit shall send or cause to be sent to the chief inspector a notice in writing giving full particulars of the occurrence including, where the death of or serious injury to any person or any substantial damage to property has resulted from the occurrence, particulars of that death, injury or damage.
(3)Where there is a dangerous occurrence—
(a)in or on licensed premises; or
(b)in, on or in connection with a licensed transport container;
then, except with the permission of the chief inspector—
(c)the premises or transport container shall not be used for the keeping, manufacture or carriage of dangerous goods; and
(d)no building, structure or other installation in or on those premises and no transport container shall, if it has been substantially damaged as a result of the dangerous occurrence, be reconstructed or repaired.
(4)Where in relation to any licensed premises or licensed transport container, there is a contravention of subregulation (3) the holder of the licence issued in respect of the premises or transport container commits a breach of these regulations.
General requirements in relation to dangerous goods
A person shall not—
(a)manufacture any dangerous goods that are unsafe for conveyance, keeping or use; or
(b)import into the Territory, sell, convey or keep any dangerous goods that are not in good order and condition or are not safe for conveyance, keeping and use.
Dangerous goods to be kept dry
(1)Subject to subregulation (2), every person referred to in regulation 19 shall take all practicable precautions to prevent water from coming into contact with any dangerous goods in or on the premises referred to in that regulation.
(2)Subregulation (1) does not prohibit—
(a)the installation or use of water sprinkler systems in any building or place for the purpose of extinguishing fires; or
(b)the use of water to cover dangerous goods where the water is used to prevent air or oxygen from reacting with the dangerous goods and does not itself materially react with the dangerous goods; or
(c)the use of water for the purpose of extinguishing fires in any building or place.
Equipment for use with dangerous goods
A person shall not sell or supply any equipment for use with any dangerous goods unless—
(a)it is suitable and safe for use with those goods; and
(b)where these regulations prescribe requirements in relation to such equipment when so used—the equipment conforms to those requirements.
Supply of liquid and gaseous dangerous goods
(1)A licensee under the Act, section 8 of premises in or on which there is a fuel dispensing unit for the delivery of dangerous goods of class 2.1, 3.1 or 3.2 shall—
(a)not deliver, or permit any person to receive delivery of, any such goods, by means of the unit, into the fuel tank of a vehicle or vessel unless the engine of the vehicle or vessel is stopped; and
(b)take all practicable steps to ensure that, while any such goods are being delivered into the fuel tank of a vehicle or vessel by means of the unit, no person lights matches, uses any other source of ignition, or smokes, within 3m of the vehicle or vessel; and
(c)at all times prominently display on or near every unit from which any such goods are so delivered a sign bearing the words ‘Stop Engine—No Smoking’ in letters at least 50mm high conforming to Type B of AS 1744, entitled ‘Forms of Letters and Numerals for Road Signs’, in such a position that the sign will be clearly legible by persons who are at the unit for the purpose of obtaining any such goods; and
(d)take all practicable steps to ensure that the unit cannot be operated by—
(i)a person without the authority of the licensee; or
(ii)a person under 15 years of age.
(2)A person shall not introduce dangerous goods of class 2.1, 3.1 or 3.2 into a vehicle or vessel by use of a fuel dispensing unit unless—
(a)the engine of the vehicle or vessel is stopped; and
(b)no person is smoking within 3m of the vehicle or vessel.
(3)No person shall light a match, use any other form of ignition or smoke within 3m of a vehicle or vessel into which dangerous goods of class 2.1, 3.1 or 3.2 are being introduced from a fuel dispensing unit.
(4)In this regulation:
fuel dispensing unit means mechanical equipment (with or without a pump) for delivering dangerous goods directly into the fuel tanks of vessels or vehicles, and includes a unit operated by the purchaser of the dangerous goods.
Interference with signs and labels
A person shall not wilfully pull down, erase, mutilate or otherwise interfere with any sign, label or marking erected, affixed or made in pursuance of these regulations.
Breach of regulations caused by emergency etc
A person does not commit a breach of these regulations by reason of the doing of any act where by reason of stress of weather, accident resulting from causes not under the person’s control, or other emergency the doing of the act was in the circumstances a matter of imperative necessity.
Approvals
(1)The chief inspector shall, in deciding whether to give, rescind or vary an approval or to give a direction or make a requirement under these regulations, being a decision in respect of which no criteria are specified in these regulations, have regard to the safety of the public.
(2)An approval may—
(a)except where these regulations otherwise provide, be given—
(i)in writing or verbally; and
(ii)generally or in relation to a particular case; and
(iii)on the application of a person or without an application for the approval having been made; and
(b)be given unconditionally or subject to conditions.
(3)An approval given under these regulations may at any time be rescinded or varied by the chief inspector by notice in writing given by post or otherwise to the person (if any) on whose application the approval was given, or by notice notified as a notifiable instrument under the Legislation Act 2001.
(4)The chief inspector shall keep a register of approvals and shall cause to be entered in it particulars of all approvals given under these regulations and of all rescissions and variations of such approvals.
(5)The register of approvals—
(a)shall be in such form as the chief inspector thinks proper and may consist of or include separate books, cards or other records; and
(b)shall be kept available at the office of the chief inspector for perusal, without fee, by all persons at all reasonable times.
Maintenance of buildings etc
Where these regulations impose an obligation to provide any building or thing or to ensure that any building or thing conforms to prescribed requirements, the person for the time being subject to the obligation shall maintain, or cause to be maintained, that building or thing in good order and condition and, in the case of any mechanical equipment or device, in good and efficient working order.
Penalty
A person who commits a breach of these regulations or of a term or condition of a licence or permit is liable to a penalty not exceeding 10 penalty units.
Requirements for fire-extinguishers
A provision of these regulations requiring that a fire-extinguisher be provided or carried is not complied with except by the provision or carrying, as the case may be, of a fire-extinguisher that—
(a)complies with the relevant standard for fire-extinguishers of the class to which it belongs adopted by the Standards Australia; and
(b)carries the Standards Australia mark; and
(c)is installed and maintained in accordance with AS 1851, part 1, entitled ‘Maintenance of Fire Protection Equipment’; and
(d)is not a dry chemical extinguisher of the gas container type.
Requirements for self-contained breathing apparatus
A provision of these regulations requiring that a self-contained breathing apparatus be provided is not complied with except by the provision of a self-contained breathing apparatus—
(a)that, when used by a person, will enable the person to breathe for at least 25 minutes without any alteration being made to the apparatus; and
(b)that complies with the relevant provisions of AS 1715 entitled ‘Code of Practice for Respiratory Protection’ and of AS 1716 entitled ‘Specification for Respiratory Protective Devices’; and
(c)the face mask of which has a speech diaphragm.
Apparatus for determining flashpoint
(1)Except as provided in this regulation, the prescribed manner of determining the flashpoint of a liquid is by the appropriate method designated in AS 2106 entitled ‘Determination of the Flash Point of Flammable Liquids (Closed Cup)’ and the prescribed type of apparatus to be used in making any such determination is the appropriate apparatus referred to in AS 2106.
(2)When determining the flashpoint of a liquid which has a viscosity greater than 200 centipoise but not greater than 3 000 centipoise at a temperature of 20ºC, the stirrer referred to in AS 2106 shall be driven by a motor.
(3)The prescribed manner of determining the flashpoint of a liquid which has a viscosity of or greater than 3 000 centipoise at a temperature of 20ºC, is the method designated by IP 113 entitled ‘Flash Point (Closed) of Cutback Bitumen’ published by the Institute of Petroleum and the prescribed type of apparatus to be used in making any such determination is the apparatus referred to in IP 113.
(4)If a flash is obtained at a temperature of 10ºC when the flashpoint of a liquid is being determined in accordance with AS 2106, the liquid shall be deemed to be dangerous goods of class 3.1.
Part 4Explosives (general)
Division 4.1 Prescribed, excluded and authorised explosives
Dangerous goods prescribed as explosives
The following dangerous goods are prescribed as explosives for the purposes of the Act:
(a)all dangerous goods of class 1;
(b)the dangerous goods described in regulation 15 (d), (e) and (f).
Application of Act, pt 4—certain explosives
For the purposes of the Act, section 15—
(a)the following explosives are prescribed as explosives in respect of which the Act, divisions 4.2, 4.4 and 4.5 do not apply:
(i)marine distress fireworks and starting pistol caps;
(ii)the explosives classified as dangerous goods of class 1.4, group S, other than safety cartridges; and
(b)safety cartridges are prescribed as explosives in respect of which the Act, divisions 4.2 and 4.5 do not apply.
Regulations not to apply to certain explosives
Nothing in these regulations applies to or in respect of any explosive that is on board a vessel and that is required by or under any Act or other law to be carried as part of the vessel’s equipment.
Authorised explosives
(1)In this regulation:
application means an application for the declaration, under the Act, section 16, of an explosive as an authorised explosive.
(2)An application is not duly made if, in relation to the application, any requirement of subregulations (3) to (5) is not complied with.
(3)An application shall be made in writing to the chief inspector and shall contain particulars of—
(a)the nature and composition of the explosive to which it relates, including the percentage by mass or volume which each ingredient bears to the whole; and
(b)any substance or substances which it is desired shall be approved as a substitute or as substitutes for a specified ingredient; and
(c)the method of use of the explosive.
(4)An applicant shall furnish to the chief inspector such information, additional to that contained in the application, in relation to the explosive sought to be authorised as the chief inspector may require.
(5)An applicant shall supply to the chief inspector, without charge, such sample or samples of the explosives sought to be authorised as the chief inspector may require for the purpose of testing.
Division 4.2 Safety provisions (general)
Prohibited explosives (ammunition)
(1)A person shall not manufacture, import into the Territory, keep, convey or sell any explosive being a safety cartridge—
(a)in which the bullet is not firmly fixed in the cartridge case; or
(b)having a split or cracked case; or
(c)having a case which is liable to split or rupture when fired in a properly constructed weapon of a chambering and calibre appropriate to a cartridge of its class.
(2)Subject to subregulation (3), a person shall not manufacture, import into the Territory, keep, convey or sell any explosive, being a safety cartridge or other cartridge, having a bullet or other projectile which—
(a)explodes; or
(b)contains an incendiary or tracer composition; or
(c)contains a lachrymatory, nauseating or toxic substance.
(3)Subregulation (2) does not apply to or in respect of—
(a)a marine distress firework; or
(b)the manufacture, importing, keeping, conveyance or sale, with the authority of the commissioner of police, of any cartridge for the use of the police force of the Commonwealth or a State or Territory; or
(c)the importing, with the approval in writing of the chief inspector, of a cartridge having a bullet or other projectile which contains an incendiary or tracer composition; or
(d)a cartridge, having a bullet or other projectile approved in writing.
(4)The chief inspector shall not approve, under subregulation (3) (c), of the importing of any cartridges unless the chief inspector is satisfied that they are to be imported—
(a)for conversion into scrap; or
(b)for sale after the bullet or other projectile is replaced by a bullet or other projectile not of a kind described in subregulation (2).
Electric detonators
A person shall not—
(a)manufacture electrical detonators of more than 1 type or series; or
(b)import into the Territory electric detonators manufactured by 1 manufacturer and that are of more than 1 type or series;
unless the wires attached to the detonators are colour-coded in such a manner that the types and series of detonators can be readily distinguished from each other.
Sale etc of fireworks—general restrictions
(1)Subject to this regulation, a person shall not import into the Territory, manufacture or sell—
(a)fireworks (other than shopgoods fireworks, amorces, confetti bombs, marine distress fireworks, model rocket propellant devices, snaps for bonbon crackers, sparklers, starting pistol caps and streamer cones); or
(b)fireworks (other than amorces, confetti bombs, starting pistol caps and streamer cones) containing an explosive substance that contains a chlorate admixed with sulphur, a sulphide or phosphorus; or
(c)fireworks containing an explosive substance that contains arsenic or a compound of arsenic; or
(d)fireworks (other than amorces, confetti bombs, marine distress fireworks, model rocket propellant devices, snaps for bonbon crackers, sparklers, starting pistol caps and streamer cones) which are designed to be ignited or discharged by means other than the lighting of a wick or touchpaper; or
(e)fireworks (other than amorces, confetti bombs, marine distress fireworks, snaps for bonbon crackers, starting pistol caps and streamer cones) which are designed to explode, wholly or in part; or
(f)fireworks which, on ignition, are liable to project themselves through the air in an erratic or unpredictable flight; or
(g)any firework that is so constructed that any explosive substance contained in the firework may escape from the firework before it is ignited or discharged; or
(h)any firework that discharges less than 3 seconds, or more than 15 seconds, after the firework is ignited in accordance with the instructions contained in the statement referred to in subregulation (3); or
(i)any firework that has printed on or attached to it a statement referred to in subregulation (3), being a statement that is false or misleading in any material particular.
(2)However, subregulation (1) does not apply in relation to—
(a)the importation of fireworks in accordance with a licence or permit under the Act, section 17 (Import licences and permits); or
(b)the manufacture of fireworks in accordance with a licence under the Act, section 19 (Manufacturing licence); or
(c)the sale of fireworks in accordance with the Act, section 22 (Authority to sell) to a person who is, subject to regulation 59 (Production of evidence of authority to receive explosives), authorised under division 4.3 (Authority to receive explosives) to receive the kinds (including size) and (if applicable) the quantity of fireworks being sold.
Note 1Sell includes offer for sale, expose for sale and supply (see the Act, dict, def of sell).
Note 2For the conditions on the retail sale of shopgoods fireworks for the Queen’s birthday holiday, see reg 10.
Note 3For the records that must be made by a person who sells explosives (including fireworks), see reg 66 and reg 68.
(3)A person who manufactures fireworks (other than for the purposes of a public display) shall cause to be printed on or attached to each firework a statement containing instructions on the manner in which the firework is to be ignited and a description of the manner in which the firework is designed to behave after it is so ignited.
(4)A person shall not import any firework into the Territory (other than for the purposes of a public display) or sell any firework by retail to any person (other than the holder of a public display fireworks permit) unless the firework has printed on or attached to it a statement referred to in subregulation (3).
(5)A person shall not sell any shopgoods fireworks (other than amorces, confetti bombs, marine distress fireworks, model rocket propellant devices, snaps for bonbon crackers, sparklers and streamer cones) by retail to any person (other than the holder of a public display fireworks permit) in a packet or container unless the packet or container has printed on or attached to it a statement containing instructions on the manner in which the fireworks contained in it are to be ignited and a description of the manner in which those fireworks are designed to behave after they are so ignited.
(6)Subregulations (3) and (4) do not apply in relation to a firework that is of such a kind that it is not reasonably practicable to print on or attach to the firework a statement referred to in subregulation (3).
(7)It is a defence to a prosecution for importing into the Territory a firework in contravention of subregulation (1) or (4) if—
(a) the defendant establishes either—
(i)that the defendant acted in reasonable reliance on information supplied to the defendant by someone else; or
(ii)that the contravention was caused by the act or default of someone else or was otherwise beyond the control of the defendant; and
(b)the defendant took reasonable care to avoid the contravention.
41AClassification of shopgoods fireworks for sale
(1)The chief inspector may, in writing, classify a shopgoods firework of a particular kind as suitable for retail sale if the firework is part of, or from, a batch of fireworks of that kind from which samples have been—
(a)taken in accordance with the relevant sampling standard; and
(b)tested in accordance with the relevant testing standard by a person approved in writing by the chief inspector; and
(c)found to comply with the relevant performance standard.
(2)For this regulation, the chief inspector may, in writing, adopt—
(a)standards for sampling and testing shopgoods fireworks; and
(b)performance standards, particularly in relation to—
(i)the stability of shopgoods fireworks, before and during the ignition process; and
(ii)the projection of debris by shopgoods fireworks.
(3)The chief inspector must, on request in writing by a licensee, give the licensee particulars of the standards adopted by the chief inspector in relation to shopgoods fireworks held by or for the licensee.
(4)For this regulation, an approved person may—
(a)inspect, examine, take samples and test shopgoods fireworks held by or for a licensee; and
(b)give ancillary written directions to the licensee.
(5)The chief inspector must give a licensee written notice of each decision under subregulation (1) concerning fireworks held by or for the licensee.
Certain explosives not to be manufactured except for immediate use
A person shall not manufacture except for immediate use, import or sell any—
(a)mixture of hydrogen and oxygen in the concentration range of 2% to 97% both inclusive, volume to volume, of hydrogen in oxygen; or
(b)flammable mixture of hydrogen and oxygen together with any other gas or gases.
Responsibility of persons possessing explosives
(1)In this regulation:
responsible person means a trustworthy person not under the age of 18 years who is physically and mentally capable of exercising proper supervision over explosives.
(2)A person shall not abandon or discard any explosives except in accordance with regulation 44.
(3)A person who has received any explosives under the authority of a permit shall—
(a)keep those explosives in a secure place inaccessible to the public; or
(b)keep them under his or her immediate supervision or cause them to be kept by, and under the immediate supervision of, a responsible person.
(4)A person who removes for use any explosives from a magazine, or from a secure place referred to in subregulation (3) (a), shall—
(a)until those explosives are used, or placed in a magazine or secure place—
(i)keep them under his or her immediate supervision; or
(ii)cause them to be kept by, and under the immediate supervision of, another person who is a responsible person; and
(b)immediately place, or cause to be immediately placed, in a magazine or secure place, any of those explosives that are not used.
(5)If—
(a)a person has set or caused to be set an explosive to explode at any place; and
(b)the explosive has not been fired, or has misfired;
that person shall not leave the explosive unsupervised at that place until it has been exploded, destroyed or rendered harmless.
(6)If—
(a)a person has set or caused to be set an explosive to explode at any place; and
(b)the explosive has not been fired, or has misfired;
an inspector may, if that explosive remains in place—
(c)direct that person to explode the explosive; or
(d)direct that person to render the explosive harmless, or to destroy it or otherwise to dispose of it in accordance with these regulations;
and the person so directed shall not, without reasonable cause, fail to comply with the direction.
(7)A person who has possession of any explosive shall, if that explosive is lost or stolen, give or cause to be given notice in writing to the chief inspector of the loss or theft not later than 24 hours after the loss or theft comes to the knowledge of the person.
(8)A person who, without reasonable excuse, fails to comply with subregulation (7) commits an offence.
Maximum penalty: 10 penalty units.
Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Except for the footer, electronic and printed versions of an authorised republication are identical.
Republication No
Amendments to
Republication date
1 Ord 1989 No 38 31 May 1993 2 Act 1994 No 97 31 January 1996 3 Act 2001 No 44 12 September 2001 4* Act 2001 No 62 12 December 2001 5 Act 2002 No 30 3 October 2002 5 (RI) A2002-30 11 June 2003 6 SL2003-50 24 December 2003
© Australian Capital Territory 2004
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