Division 2Division 2 Safety provisions (general)
36 Prohibited explosives (ammunition)
(1) A person must not manufacture, import into the State, keep, convey or sell 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 that 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.Contravention of this subclause is an offence and is punishable in accordance with clause 340.
(2) Subclause (1) does not apply to or in respect of safety cartridges held under a collector’s permit if the cartridges are kept separate from cartridges to be used for shooting.(3) A person must not manufacture, import into the State, keep, convey or sell a safety cartridge or other cartridge having a bullet or other projectile that:(a) explodes, or(b) contains an incendiary or tracer composition, or(c) contains a lachrymatory, nauseating or toxic substance.Contravention of this subclause is an offence and is punishable in accordance with clause 340.
(4) Subclause (3) does not apply to or in respect of:(a) a distress signal, or(b) the manufacture, importing, keeping, conveyance or sale, with the authority of the Commissioner of Police, of a cartridge for the use of the Police Service of the Commonwealth or a State or Territory of the Commonwealth, or(c) the importing, with the approval in writing of the WorkCover Authority, of a cartridge having a bullet or other projectile that contains an incendiary or tracer composition, or(d) a cartridge having a bullet or other projectile approved in writing.(5) The WorkCover Authority must not approve, under subclause (4) (c), of the importing of a cartridge unless it is satisfied that it is 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 subclause (3).
A person must not:(a) manufacture electric detonators of more than one type or series, or(b) import into the State electric detonators manufactured by one manufacturer and that are of more than one 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 readily be distinguished from each other.Contravention of this clause is an offence and is punishable in accordance with clause 340.
38 Prohibited explosives (fireworks)
(1) A person must not manufacture, import into the State, keep, convey or sell any of the following fireworks:(a) a toy firework (other than amorces, a streamer cone or a confetti bomb) containing a composition of a chlorate in admixture with sulfur, a sulfide or phosphorus,(b) a firework of such construction that firework composition can escape from it,(c) toy fireworks that are liable to explode en masse,(d) a toy firework (other than amorces, a snap for a bon-bon cracker, a streamer cone or a confetti bomb) that explodes either wholly or in part,(e) a firework that on ignition is liable to be projected through the air in an erratic or unpredictable flight,(f) a toy firework that contains arsenic or a compound of arsenic as an ingredient of its composition,(g) a firework that does not have displayed on it instructions in the English language (in or to the effect of the form approved in respect of the firework) relating to the manner in which it should be ignited and the manner in which it is designed to behave,(h) a firework that ignites less than 3 seconds, or more than 15 seconds, after its wick or touch paper has been ignited in accordance with the instructions displayed on it,(i) a firework that, after having been set up and ignited in accordance with the instructions displayed on it, behaves otherwise than in accordance with those instructions.Contravention of this subclause is an offence and is punishable in accordance with clause 340.
(2) Subclause (1) (paragraphs (b) and (c) excepted) does not apply to or in respect of the manufacture, importing, keeping, conveyance or sale of fireworks for the purpose only of use outside the State if they are exported as soon as practicable after their manufacture or import into the State.(3) Subclause (1) (g) does not apply to or in respect of display fireworks that are to be ignited or discharged by their manufacturer or importer.
39 Prohibited explosives (marine distress flares and signals)
(1) A person must not manufacture, import into the State for sale or sell marine distress flares or signals to which AS 2092 (Pyrotechnic marine distress flares and signals for pleasure craft) applies unless they comply with that Standard or an equivalent International Standards Organisation standard.Contravention of this subclause is an offence and is punishable in accordance with clause 340.
(2) Subclause (1) does not apply to or in respect of the manufacture, import or sale of marine distress flares or signals for the purpose only of use outside the State if they are exported as soon as practicable after their manufacture or import into the State.
40 Prohibited explosives (model rocket propellant devices)
(1) A person must not manufacture, import into the State, keep, convey or sell a model rocket propellant device that:(a) contains a composition of a chlorate in admixture with sulfur, a sulfide or phosphorus, or(b) is of such construction that ignitable substances can escape from it, or(c) may explode either wholly or in part, or(d) contains an ignitable substance or ignitable substances exceeding 15 grams in mass.Contravention of this subclause is an offence and is punishable in accordance with clause 340.
(2) Subclause (1) does not apply to or in respect of the manufacture, importing, keeping, conveyance or sale of a model rocket propellant device by a person:(a) for the purpose only of use outside the State if it is exported as soon as practicable after its manufacture or import into the State, or(b) in the case of a model rocket propellant device containing an ignitable substance or ignitable substances not exceeding 62.5 grams in mass—if the person is a bona fide member of an approved rocket club, or(c) in the case of a model rocket propellant device containing an ignitable substance or ignitable substances exceeding 62.5 grams in mass—if the person is a bona fide member of an approved rocket club and holds a single occasion fireworks permit or pyrotechnicians permit.
41 Certain explosives not to be manufactured (except for immediate use), kept or conveyed
A person must not manufacture (except for immediate use), keep or convey any:(a) mixture of hydrogen and oxygen in the concentration range of 2 per cent to 97 per cent both inclusive, volume to volume, of hydrogen in oxygen, or(b) flammable mixture of hydrogen and oxygen together with any other gas or gases, or(c) liquid oxygen explosive.Contravention of this clause is an offence and is punishable in accordance with clause 340.
42 Responsibility of persons possessing explosives
(1) In this clause, 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 who has received explosives under the authority of a permit must:(a) keep them 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.(3) A person who removes for use any explosives from a magazine, or from a secure place referred to in subclause (2) (a), must:(a) until they 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 that are not used.(4) If a person has set or caused to be set an explosive to explode at a place and the explosive has not been fired or has misfired, the person must not leave the explosive unsupervised until it has been exploded, destroyed or rendered harmless.(5) If a person has set or caused to be set an explosive to explode at a place and the explosive has not been fired or has misfired, an inspector may (if the explosive remains in place) direct the person to:(a) explode it, or(b) render it harmless, destroy it or otherwise dispose of it in accordance with this Regulation,and the person so directed must not, without reasonable cause, fail to comply with the direction.(6) Subclauses (4) and (5) do not apply to or in respect of an explosive that is set to explode at a place in connection with any work to which the Mines Inspection Act 1901, the Coal Mines Regulation Act 1982 or the Construction Safety Act 1912 applies, and while the explosive remains at that place.Contravention of this clause is an offence and is punishable in accordance with clause 340.
43 Use of explosives in certain work
Any work involving the use of explosives to which AS 2187 (Explosives—Storage, transport and use), Part 2 (Use of explosives) applies must be carried out in compliance with that Standard.Contravention of this clause is an offence and is punishable in accordance with clause 340.
44 Destruction or other disposal of explosives
(1) A person must not render harmless, destroy or otherwise dispose of an explosive:(a) except by a method permitted by this clause, and(b) unless in so doing he or she takes adequate precautions against causing injury to any person or damage to any property.Contravention of this subclause is an offence and is punishable in accordance with clause 340.
(2) Gunpowder, blasting powder and nitrocellulose propellant powder may be destroyed by burning under the supervision of:(a) an inspector, or(b) an inspector under the Mines Inspection Act 1901 or the Coal Mines Regulation Act 1982, or(c) a representative of the manufacturer of the explosives or of an agent for their distribution on behalf of the manufacturer, if the manufacturer or agent has authorised the representative to supervise the burning and has certified in writing that he or she is a fit and proper person to do so, or(d) a person authorised in writing by the WorkCover Authority for the purposes of this subclause.(3) The following explosives may be destroyed by burning:(a) blasting accessories such as safety fuse, fuse lighters, multiple safety fuse igniters, igniter cord and connectors for such accessories,(b) delay action fuses,(c) fireworks and pyrotechnics.(4) Explosives other than gunpowder, fireworks and firework composition may be destroyed by detonation in accordance with the following rules:(a) the method of detonation that provides the greatest degree of safety must be used,(b) the detonation must be initiated by whichever of the following methods is the most appropriate having regard to the condition of the explosives:(i) detonator,(ii) detonating fuse,(iii) detonator and priming cartridge,(c) if detonators are to be destroyed, the following procedure must be adopted:(i) not more than 1 000 detonators may be destroyed in any one detonation,(ii) the detonators must be in a small box or bag,(iii) electric detonators must have the wires cut off about 10 millimetres from the top of the shell,(iv) a hole at least 300 millimetres deep must be dug in the ground, preferably in dry sand, and in a safe place,(v) the box or bag containing the detonators must be placed in the hole together with a priming cartridge of about 200 grams of explosive and a properly positioned and serviceable detonator,(vi) the detonators and priming cartridge must be carefully covered with paper and then by dry sand or fine earth and fired from a safe distance that (unless a bunker, a mound or other adequate means of protection is available and used for protection) is at least 200 metres from the box or bag containing the detonators,(vii) after firing, a search for unexploded detonators must be made of the surrounding area for a distance of at least 30 metres in all directions (except underground) from the hole.(5) Explosives of any category may be disposed of by any method approved by the WorkCover Authority, an inspector or an inspector under the Mines Inspection Act 1901 or the Coal Mines Regulation Act 1982.(6) Small quantities, not exceeding 25 kilograms on any one occasion, of blasting powder or other nitrate mixtures (including a mixture of ammonium nitrate and fuel oil) may be rendered harmless by immersing them in water.(7) Despite any other provisions of this clause, a person must not dispose of explosives by discarding them:(a) in a river, creek, lake, lagoon or dam, or(b) on a garbage dump, or(c) on a building site, or(d) in or under newly poured concrete that has not set.Contravention of this subclause is an offence and is punishable in accordance with clause 340.
(1) A person must not enter, or remain in or on, premises licensed under the Act for the manufacture or keeping of explosives, or any part of, or any building, structure or installation in or on, such premises unless he or she is authorised to do so by the licensee or by or under an Act.(2) If a person enters, or remains in or on, any premises or part, or any building, structure or installation contrary to subclause (1):(a) he or she commits a breach of this Regulation, and(b) any of the following persons:(i) the licensee,(ii) an employee of the licensee,(iii) a person acting with the authority of the licensee,(iv) an inspector,(v) a police officer,may request him or her to leave the premises or part, or building, structure or installation and, if he or she fails to do so immediately after being so requested, remove him or her by the use of such reasonable force as is necessary for the purpose.Contravention of this clause is an offence and is punishable in accordance with clause 340.
46 Prohibition on retail sale of distress signals and on use of distress signals for other purposes
(1) A person must not sell a distress signal by retail except to a competent person over the age of 18 years who is a bona fide user of distress signals.Contravention of this subclause is an offence and is punishable in accordance with clause 340.
(2) It is an offence under Division 3 to use a distress signal for a purpose other than as a distress signal without a single occasion fireworks permit or pyrotechnicians permit.
47 Instructions to be attached to fireworks packages
A person must not sell fireworks or offer or expose fireworks for sale unless the package in which they are contained has attached to it readily understood instructions in the English language relating to the manner in which each firework in the package should be ignited and the manner in which each firework is designed to behave.Contravention of this clause is an offence and is punishable in accordance with clause 340.
A person must not send or cause to be sent to any other person (in this clause referred to as the consignee) a consignment of explosives unless:(a) he or she has given to the consignee a notice of his or her intention to send the consignment and has set out in the notice the description and quantity of the explosives proposed to be sent, and(b) he or she has been informed by the consignee that the consignee will be prepared to receive the explosives on a specified day or within a specified period, and(c) the explosives are sent at such a time and by such means that in the ordinary course of transport the consignee will receive them on the specified day or within the specified period.Contravention of this clause is an offence and is punishable in accordance with clause 340.
49 Notification of arrival of explosives by vessel or aircraft
(1) Immediately after the arrival in the State, by vessel or aircraft, of explosives consigned from outside the State, the importer of the explosives must give or cause to be given to the WorkCover Authority a notice in writing, in the approved form and manner, of the arrival of the explosives, the kinds of explosives and the quantity of each kind unless the consignee has already given that notice.(2) Neither the importer nor consignee of the explosives referred to in the notice must:(a) transport or cause or permit the explosives to be transported from the place where they are unloaded to a bond or free store, premises licensed for the keeping of explosives or any other repository unless an inspector has certified by an entry on the form of notice that the explosives have been passed for such transport, or(b) after the explosives have been so transported, remove them or cause or allow them to be removed from the store, premises or other repository:(i) unless an inspector has certified in writing that they are suitable for removal, or(ii) if an inspector has refused so to certify—except in accordance with directions for their removal and disposal given by the WorkCover Authority.Contravention of this clause is an offence and is punishable in accordance with clause 340.
50 Export of explosives by vessel
A person intending to export explosives from the State by vessel in a quantity exceeding 2.5 kilograms:(a) must, before they are loaded into or onto the vessel, give notice to the WorkCover Authority of the intended export in the approved form and manner, and(b) must not load them, or cause or permit them to be loaded, unless the master of the vessel has signed the certificate set out in the notice.Contravention of this clause is an offence and is punishable in accordance with clause 340.