2003
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Mr Steve Pratt)
Dangerous Goods Legislation Amendment Bill 2003

Contents
	Page

Part 1	Preliminary
	1	Name of Act	2
	2	Commencement	2
Part 2	Dangerous Goods Act 1975
	3	Act amended—pt 2	3
	4	New sections 2A and 2B	3
	5	New division 4.6	4
	6	Dictionary, new definitions	9
Part 3	Dangerous Goods Regulations 1978
	7	Regulations amended—pt 3	11
	8	New regulation 3A	11
	9	Queen’s birthday public holiday—conditions on licences for retail sale of shopgoods fireworks
Regulation 10	12
	10	New regulation 35A	12
	11	Regulation 36	13
	12	Regulations 41 and 41A	14
	13	Authority to receive explosives
Division 4.3, heading, new note	16
	14	Issue of public display fireworks permits
Regulation 54 (3) (b) and (c) and (4) (b) (i) and (c) (i)	16
	15	Conditions of public display fireworks permits
Regulation 55 (1) (b), (c) and (d) and (2) (a)	17
	16	Authority given by public display fireworks permits
Regulation 56 (1) (a) and (2) (a)	17
	17	Shopgoods fireworks purchasers permits
Regulation 57	17
	18	Production of evidence of authority to receive explosives
Regulation 59, table, item 4, column 2	17
	19	 Regulation 59, table, example	17
	20	Regulation 59 (3)	18
	21	Purchase and use of fireworks
Division 4.4	18
	22	Notices and labels to be exhibited at depots
Regulation 90 (3)	18
	23	Regulation 90, table 1, new item 4A	18
	24	Regulation 90, table 1, item 30	18
	25	Certain explosives not required to be kept in or on licensed premises
Regulation 93 (2) (b) and (c)	18
	26	Regulation 93 (2) (f), (g) and (h)	19
	27	Conditions subject to which certain explosives may be kept
Regulation 94 (1)	19
	28	Regulation 94 (7)	20
	29	Regulation 94	20
	30	Regulations 95 and 95A	20
	31	Restrictions on use of internal magazines
Regulation 107 (2) (c) and (d)	22
	32	Regulation 109 heading	22
	33	Regulation 109	22
	34	Separation distances for depots
Regulation 109A	22
	35	Repacking of shopgoods fireworks
Regulation 109B	22
	36	Review
Regulation 374 (1) (h) to (j)	22
	37	Dictionary, new definitions of exempt firework and exempt model rocket propellant device	23
	38	Dictionary, definition of firework	23
	39	Dictionary, definition of magazine	23
	40	Dictionary, definition of marine distress firework	23
	41	Dictionary, definition of model rocket propellant device	23
	42	Dictionary, definitions of shopgoods fireworks and shopgoods fireworks purchasers permit	23
	43	Dictionary, new definition of use	24

2003
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Mr Steve Pratt)
Dangerous Goods Legislation Amendment Bill 2003

A Bill for
An Act to amend the Dangerous Goods Act 1975 and the Dangerous Goods Regulations 1978

    

The Legislative Assembly for the Australian Capital Territory enacts as follows:

Part 1	Preliminary
1	Name of Act
This Act is the Dangerous Goods Legislation Amendment Act 2003.
2	Commencement
This Act commences on the day after its notification day.
Note	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

Part 2	Dangerous Goods Act 1975
3	Act amended—pt 2
This part amends the Dangerous Goods Act 1975.
4	New sections 2A and 2B
insert
2A	Notes
A note included in this Act is explanatory and is not part of this Act.
Note	See Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
2B	Offences against Act—application of Criminal Code etc
Other legislation applies in relation to offences against this Act. 
Note 1	Criminal Code
The Criminal Code, ch 2 applies to the following offences against this Act (see Code, pt 2.1):
·	s 26B (Unauthorised sale of fireworks and model rocket propellant devices)
·	s 26C (Permit required for use of fireworks and model rocket propellant devices)
·	s 26D (Use of marine distress fireworks)
·	s 26E (Dangerous use of fireworks and model rocket propellant devices)
·	s 26F (Authorised person’s power to require production of permit)
·	s 26G (Authorised person’s power to require name and address).
The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).
Note 2	Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.
5	New division 4.6
insert
Division 4.6	Sale and use of fireworks and model rocket propellant devices
26A	Definitions for div 4.6
In this division:
authorised person means—
	(a)	an inspector; or
	(b)	a police officer.
exempt firework means a firework prescribed under the regulations as an exempt firework.
exempt model rocket propellant device means a model rocket propellant device prescribed under the regulations as an exempt model rocket propellant device.
firework includes anything that is designed to produce a sound or a visual display or signal by the ignition or explosion of an explosive substance, but does not include an exempt firework.
model rocket propellant device means anything (including a model rocket motor) that is designed to be part of the propulsion system for a model rocket, but does not include an exempt model rocket propellant device.
public display fireworks permit means a public display fireworks permit under the regulations.
use—
	(a)	for a firework or exempt firework—includes ignite or explode the firework; and
	(b)	for a model rocket propellant device or exempt model rocket propellant device—includes ignite or fire the device.
26B	Unauthorised sale of fireworks and model rocket propellant devices
	(1)	A person (the seller) commits an offence if the person sells a firework or a model rocket propellant device to someone else (the buyer).
Maximum penalty:  100 penalty units, imprisonment for 1 year or both.
Note	A reference to fireworks or model rocket propellant devices does not include exempt fireworks or exempt model rocket propellant devices, see s 26A, def firework and def model rocket propellant device.  
	(2)	This section does not apply to the seller if—
	(a)	the buyer produces to the seller the evidence of the buyer’s authority to receive the firework or model rocket propellant device required under the regulations; and
	(b)	the seller records the sale of the firework or model rocket propellant device as required by the regulations.
	(3)	An offence against this section is a strict liability offence.
26C	Permit required for use of fireworks and model rocket propellant devices
	(1)	A person commits an offence if the person uses a firework other than in accordance with a public display fireworks permit.
Maximum penalty:  100 penalty units, imprisonment for 1 year or both.
Note	This offence does not apply to the use of exempt fireworks, see s 26A, def firework.
	(2)	A person commits an offence if the person uses a model rocket propellant device other than in accordance with a public display fireworks permit.
Maximum penalty:  100 penalty units, imprisonment for 1 year or both.
Note	This offence does not apply to the use of exempt model rocket propellant devices, see s 26A, def model rocket propellant device.
	(3)	An offence against this section is a strict liability offence.
26D	Use of marine distress fireworks
	(1)	A person commits an offence if the person uses a marine distress firework other than in accordance with a public display fireworks permit.
Maximum penalty:  100 penalty units, imprisonment for 1 year or both.
	(2)	Subregulation (1) does not apply if the person uses the marine distress firework in an emergency.
	(3)	An offence against this section is a strict liability offence.
	(4)	In this regulation:
marine distress firework means a firework that is designed for use in an emergency on land or at sea. 
26E	Dangerous use of fireworks and model rocket propellant devices
	(1)	A person commits an offence if the person uses a firework, or an exempt firework, in a way that is likely to—
	(a)	endanger the health or safety of, or cause distress or suffering to, a person or animal; or 
	(b)	damage property.
Maximum penalty:  100 penalty units, imprisonment for 1 year or both.
	(2)	A person commits an offence if the person uses a model rocket propellant device, or an exempt model rocket propellant device, in a way that is likely to—
	(a)	endanger the health or safety of, or cause distress or suffering to, a person or animal; or 
	(b)	damage property.
Maximum penalty:  100 penalty units, imprisonment for 1 year or both.
	(3)	An offence against this section is a strict liability offence.
26F	Authorised person’s power to require production of permit
	(1)	An authorised person may require a person to produce for inspection any public display fireworks permit issued to the person if the authorised person has reasonable grounds for suspecting that the person is using, is about to use, or has just used, a firework or model rocket propellant device.
Note	A reference to fireworks or model rocket propellant devices does not include exempt fireworks or exempt model rocket propellant devices, see s 26A, def firework and def model rocket propellant device.  
	(2)	If an authorised person makes a requirement of a person under subsection (1), the authorised person must—
	(a)	tell the person the reasons for the requirement; and
	(b)	as soon as practicable, record the reasons.
	(3)	A person commits an offence if the person contravenes a requirement under subsection (1).
Maximum penalty:  5 penalty units.
	(4)	However, a person is not required to comply with a requirement under subsection (1) if, when asked by the person, the authorised person does not produce his or her identity card for inspection by the person.
	(5)	Subsection (4) does not apply in relation to an authorised person who is a police officer in uniform.
	(6)	An offence against this section is a strict liability offence.
26G	Authorised person’s power to require name and address
	(1)	An authorised person may require a person to state the person’s name and address if the authorised person has reasonable grounds for suspecting that the person is committing, is about to commit, or has just committed, an offence against this division.
Note	A reference to a provision of an Act includes a reference to the statutory instruments made or in force under the provision, including regulations (see Legislation Act, s 104).
	(2)	If an authorised person makes a requirement of a person under subsection (1), the authorised person must—
	(a)	tell the person the reasons for the requirement; and
	(b)	as soon as practicable, record the reasons.
	(3)	A person commits an offence if the person—
	(a)	contravenes a requirement under subsection (1); or
	(b)	states a false name or address in purported compliance with a requirement under that subsection.
Maximum penalty:  5 penalty units.
	(4)	However, a person is not required to comply with a requirement under subsection (1) if, when asked by the person, the authorised person does not produce his or her identity card for inspection by the person.
	(5)	Subsection (4) does not apply in relation to an authorised person who is a police officer in uniform.
	(6)	An offence against this section is a strict liability offence.
6	Dictionary, new definitions 
insert
authorised person, for division 4.6 (Sale and use of fireworks and model rocket propellant devices)—see section 26A.
exempt firework, for division 4.6 (Sale and use of fireworks and model rocket propellant devices)—see section 26A.
exempt model rocket propellant device, for division 4.6 (Sale and use of fireworks and model rocket propellant devices)—see section 26A.
firework, for division 4.6 (Sale and use of fireworks and model rocket propellant devices)—see section 26A.
model rocket propellant device, for division 4.6 (Sale and use of fireworks and model rocket propellant devices)—see section 26A.
public display fireworks permit, for division 4.6 (Sale and use of fireworks and model rocket propellant devices)—see section 26A.
use, for a firework, exempt firework, model rocket propellant device or exempt model rocket propellant device, for division 4.6 (Sale and use of fireworks and model rocket propellant devices)—see section 26A.

Part 3	Dangerous Goods Regulations 1978
7	Regulations amended—pt 3
This part amends the Dangerous Goods Regulations 1978.	
8	New regulation 3A
insert
3A	Offences against regulations—application of Criminal Code etc
Other legislation applies in relation to offences against these regulations. 
Note 1	Criminal Code
The Criminal Code, ch 2 applies to the following offences against these regulations (see Code, pt 2.1):
·	reg 41 (Sale etc of fireworks—general restrictions)
·	reg 41A (Sale etc of model rocket propellant devices—general restrictions)
·	reg 94 (Conditions subject to which certain explosives may be kept)
·	reg 95 (Keeping of marine distress fireworks for sale—Act, s 9 (1) (c)).
The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).
Note 2	Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.
9	Queen’s birthday public holiday—conditions on licences for retail sale of shopgoods fireworks
Regulation 10
omit
10	New regulation 35A
insert 
35A	Exempt fireworks etc—Act, s 26A, def exempt firework and def exempt model rocket propellant device
	(1)	Each of the following fireworks is an exempt firework:
	(a)	amorces;
	(b)	confetti bombs;
	(c)	marine distress fireworks;
	(e)	snaps for bonbon crackers;
	(f)	sparklers;
	(g)	starting pistol caps; 
	(h)	streamer cones. 
Note	Each kind of exempt fireworks is defined in the dictionary.
	(2)	A model rocket propellant device is an exempt model rocket propellant device if—
	(a)	the device contains less than 15g of propellant; or
	(b)	the device produces a maximum force of less than 80N.
11	Regulation 36
substitute
36	Exclusion of certain explosives—Act, s 15, def explosive
	(1)	In this regulation:
non-exempt explosive means the following class 1.4, group S explosives:
	(a)	fireworks; 
	(b)	model rocket propellant devices; 
	(c)	safety cartridges and cartridge cases containing only primer (UN number 0055).
Note	The def does not apply to exempt fireworks or exempt model rocket propellant devices, see the Act, s 26A, def firework and def model rocket propellant device. 
	(2)	Class 1.4, group S explosives, other than non-exempt explosives, are explosives to which the following provisions of the Act do not apply:
	(a)	division 4.2 (Import);
	(b)	division 4.4 (Sale, supply and receipt);
	(c)	division 4.5 (Possession).
	(3)	Safety cartridges, and cartridge cases containing only primer (UN number 0055), are explosives to which the following provisions of the Act do not apply:
	(a)	division 4.2 (Import);
	(b)	division 4.5 (Possession).
Note 1	Safety cartridges, and cartridge cases containing only primer (UN number 0055), are class 1.4, group S explosives (see sch 1).
Note 2	See the Firearms Act 1996 for other provisions about safety cartridges.
12	Regulations 41 and 41A
substitute
41	Sale etc of fireworks—general restrictions
	(1)	A person must not manufacture, import into the ACT or sell any of the following fireworks:
	(a)	an exempt firework (other than amorces, a streamer cone or a confetti bomb) containing a composition of a chlorate mixed with sulphur, a sulphide or phosphorus;
	(b)	an exempt firework containing arsenic or a compound of arsenic as an ingredient of its composition;
	(c)	an exempt firework (other than amorces, a snap for a bon‑bon cracker, a streamer cone or a confetti bomb) that explodes either completely or in part;
	(d)	exempt fireworks that are liable to explode en masse;
	(e)	a firework from which the firework composition can escape before the firework is ignited;
	(f)	a firework that on ignition is likely to be projected through the air in an erratic or unpredictable flight;
	(g)	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 the firework or attached to it;
	(h)	a firework that does not have printed on or attached to it instructions in the English language about how it is to be ignited and how it is designed to behave (the required information);
	(i)	a firework that, after having been set up and ignited in accordance with the instructions displayed on it or attached to it, behaves otherwise than in accordance with the instructions.
Maximum penalty:  10 penalty units.
	(2)	Subregulation (1) (h) does not apply in relation to—
	(a)	an exempt firework if it is impractical to print the required information on the firework or attach the information to the firework if the packet or container in which the firework is sold has the required information printed on it; or
	(b)	a firework sold to the holder of a public display fireworks permit; or
	(c)	a person who imports a firework if the firework is imported in accordance with a licence held by the person.
	(3)	It is a defence to the prosecution of a person who imports a firework into the ACT in contravention of subregulation (1) if—
	(a)	the person proves that—
	(i)	the person took reasonable care to avoid the contravention; and 
	(ii)	the person acted in reasonable reliance on information supplied to the person by someone else; or
	(b)	the person proves that—
	(i)	the person took reasonable care to avoid the contravention; and 
	(ii)	the contravention was caused by the act or omission of someone else or was otherwise beyond the control of the person.
	(4)	An offence against this regulation is a strict liability offence.
41A	Sale etc of model rocket propellant devices—general restrictions
	(1)	A person must not manufacture, import into the ACT or sell a model rocket propellant device or an exempt model rocket propellant device—
	(a)	that contains a composition of a chlorate mixed with sulphur, a sulphide or phosphorus; or
	(b)	from which the ignitable substances can escape before it is ignited; or
	(c)	that may explode either completely or in part.
Maximum penalty:  10 penalty units.
	(2)	An offence against this regulation is a strict liability offence.
13	Authority to receive explosives
Division 4.3, heading, new note
after the heading, insert
Note	Fireworks are explosives, see reg 35 (a). However, no authority under the Act is required to sell or receive exempt fireworks and exempt model rocket propellant devices (see reg 36).
14	Issue of public display fireworks permits
Regulation 54 (3) (b) and (c) and (4) (b) (i) and (c) (i)
after
fireworks
insert
and model rocket propellant devices
15	Conditions of public display fireworks permits
Regulation 55 (1) (b), (c) and (d) and (2) (a)
after
fireworks
insert
and model rocket propellant devices
16	Authority given by public display fireworks permits
Regulation 56 (1) (a) and (2) (a)
after
to receive fireworks
insert
and model rocket propellant devices
17	Shopgoods fireworks purchasers permits
Regulation 57
omit
18	Production of evidence of authority to receive explosives
Regulation 59, table, item 4, column 2
substitute
regulations 52, 53 or 56
19		Regulation 59, table, example
omit
20	Regulation 59 (3)
omit
the licence or permit
substitute
the licence, permit or authorisation
21	Purchase and use of fireworks
Division 4.4
omit
22	Notices and labels to be exhibited at depots
Regulation 90 (3) 
omit
, for the keeping of shopgoods fireworks, 
23	Regulation 90, table 1, new item 4A
insert
4A	class 1.4	50kg	Explosives	
24	Regulation 90, table 1, item 30
omit
25	Certain explosives not required to be kept in or on licensed premises
Regulation 93 (2) (b) and (c)
substitute
	(b)	for fireworks and model rocket propellant devices at the place of a public fireworks display—
	(i)	if the holding of the display is authorised by a general public display fireworks permit—the quantity of fireworks and model rocket propellant devices notified in accordance with regulation 55 (1) (Conditions of public display fireworks permits); or
	(ii)	if the holding of the display is authorised by a special public display fireworks permit—the quantity of fireworks and model rocket propellant devices stated in the permit;
	(c)	not more than 10kg of marine distress fireworks; 
26	Regulation 93 (2) (f), (g) and (h)
substitute
	(f)	an unlimited quantity of—
	(i)	safety cartridges kept otherwise than for sale; or
	(ii)	exempt fireworks (other than marine distress fireworks); or
	(iii)	explosives received under the authority of a collector’s permit;
	(g)	for explosives classified as dangerous goods of class 1.4, group S that are not mentioned elsewhere in this subregulation—an unlimited quantity.
27	Conditions subject to which certain explosives may be kept
Regulation 94 (1)
substitute
	(1)	This regulation applies to explosives kept otherwise than in or on licensed premises in the quantities stated in regulation 93 (2), other than—
	(a)	not more than 10kg of marine distress fireworks kept for sale; or
	(b)	safety cartridges kept by the holder of a licence under the Act, section 21 for sale under the authority of the licence.
28	Regulation 94 (7)
omit
29	Regulation 94
renumber subregulations when regulations next republished under Legislation Act
30	Regulations 95 and 95A
substitute
95	Keeping of marine distress fireworks for sale—Act, s 9 (1) (c)
	(1)	This regulation applies to marine distress fireworks (the flares) kept for sale in a shop if the quantity of the flares is not more than 10kg.
	(2)	The person in charge of the shop must ensure that the requirements of this regulation are complied with.
Maximum penalty:  10 penalty units.
	(3)	The flares—
	(a)	must not be placed in a window display; and
	(b)	must be kept (except with the chief inspector’s approval)—
	(i)	if they are in a part of the shop to which the public has access—in sealed sparkproof packages contained in closed receptacles; or
	(ii)	if they are in any other part of the shop—in closed receptacles or in sealed sparkproof packages; and
	(c)	must not be kept in a way that affects the free movement of people in the shop; and
	(d)	must be separated from any other dangerous goods and from any combustible materials.
	(4)	A receptacle in a shop that contains flares—
	(a)	must not be used except as a container for flares; and
	(b)	must only be opened when flares are being put into or taken out of the receptacle; and
	(c)	must be kept clean and free of dust and grit; and
	(d)	must not contain matches (including Bengal matches); and
	(e)	must not contain any means of artificial lighting.
	(5)	All reasonable precautions must be taken to prevent—
	(a)	the happening of accidents through the explosion or ignition of the flares; and
	(b)	the doing, in or on the shop where the flares are kept, of anything that may cause, or tend to cause, a fire and that is not reasonably necessary; and
	(c)	unauthorised people having access to the flares.
	(6)	An offence against this regulation is a strict liability offence.
	(7)	In this regulation:
package does not include a container that is made from plastic film of less than 38μm in thickness.
receptacle means a cupboard, drawer, enclosed shelf, glass showcase or trunk, or metal or wooden box, that can be closed.
31	Restrictions on use of internal magazines
Regulation 107 (2) (c) and (d)
substitute
	(c)	not more than 200kg of propellant powder being dangerous goods of class 1.3.
32	Regulation 109 heading
substitute
109	Internal magazines for class 1.3 propellant powder
33	Regulation 109
omit
, or of fireworks,
34	Separation distances for depots
Regulation 109A
omit
35	Repacking of shopgoods fireworks
Regulation 109B
omit
36	Review
Regulation 374 (1) (h) to (j)
substitute
	(h)	issuing a public display fireworks permit subject to conditions under regulation 55 (2).
37	Dictionary, new definitions of exempt firework and exempt model rocket propellant device
insert
exempt firework—see regulation 35A (1).
exempt model rocket propellant device—see regulation 35A (2).
38	Dictionary, definition of firework
substitute
firework—see the Act, section 26A. 
39	Dictionary, definition of magazine
substitute
magazine means a depot where explosives are kept. 
40	Dictionary, definition of marine distress firework
substitute
marine distress firework means a firework that is designed for use in an emergency on land or at sea. 
41	Dictionary, definition of model rocket propellant device
substitute
model rocket propellant device—see the Act, section 26A.
42	Dictionary, definitions of shopgoods fireworks and shopgoods fireworks purchasers permit
omit
43	Dictionary, new definition of use
insert
use, for a firework, exempt firework, model rocket propellant device or exempt model rocket propellant device—see the Act, section 26A.

Endnotes
Republications of amended laws
1	For the latest republication of amended laws, see www.legislation.act.gov.au.
Notification
2	Notified under the Legislation Act on 	2003.
	(see www.legislation.act.gov.au)

© Australian Capital Territory 2003