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This is a Bill, not an Act. For current law, see the Acts databases.
DANGEROUS GOODS LEGISLATION AMENDMENT BILL 2003
2003
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Mr Steve Pratt)
Dangerous
Goods Legislation Amendment Bill 2003
Contents
Page
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:
This Act is the Dangerous Goods Legislation Amendment Act
2003.
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
This part amends the Dangerous Goods Act 1975.
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.
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.
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 fireworksRegulation
10
omit
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.
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 explosivesDivision 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
permitsRegulation 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
permitsRegulation 55 (1) (b), (c) and
(d) and (2) (a)
after
fireworks
insert
and model rocket propellant devices
16 Authority
given by public display fireworks
permitsRegulation 56 (1) (a) and (2)
(a)
after
to receive fireworks
insert
and model rocket propellant devices
17 Shopgoods
fireworks purchasers permitsRegulation
57
omit
18 Production
of evidence of authority to receive
explosivesRegulation 59, table, item 4,
column 2
substitute
regulations 52, 53 or 56
19 Regulation
59, table, example
omit
omit
the licence or permit
substitute
the licence, permit or authorisation
21 Purchase
and use of fireworksDivision
4.4
omit
22 Notices
and labels to be exhibited at
depotsRegulation 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
premisesRegulation 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
keptRegulation 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.
omit
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 magazinesRegulation 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
omit
, or of fireworks,
34 Separation
distances for depotsRegulation
109A
omit
35 Repacking
of shopgoods fireworksRegulation
109B
omit
36 ReviewRegulation
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
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