Commonwealth Numbered Regulations

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EXPLOSIVES TRANSPORT REGULATIONS 2002 2002 No. 92 - REG 5

Definitions

In these Regulations, unless the contrary intention appears:

"Act" means the Explosives Act 1961 .

"AE Code "or Australian Explosives Code means the second edition of the Australian Code for the Transport of Explosives by Road and Rail published by the Department of Transport and Regional Services in 2000.

Note
The AE Code is available for purchase through AusInfo's national network of Government Info Shops.

"approved security plan "has the meaning given by regulation 26.

"authorised Commonwealth explosive "means a Commonwealth explosive, or a kind of Commonwealth explosive, included in the List of Authorised Commonwealth Explosives.

Commonwealth explosives means explosives to which Part II of the Act applies.
Note
See sections 5 and 9 of the Act.
The definition of explosives in section 5 is as follows:
`explosives means:
(a) substances or articles capable of producing an explosive, incendiary or pyrotechnic effect;
(b) substances or articles prescribed by the regulations to be explosives; or
(c) containers that have contained a substance or article to which paragraph (a) or (b) applies and have not been certified, in accordance with the regulations, to be free from explosives.'.
Section 9 is as follows:
`This Part applies to explosives that:
(a) are the property of, or are in the possession or control of, the Commonwealth;
(ab) have been manufactured by the Commonwealth and, in pursuance of an arrangement made with the Commonwealth, are intended to be, or are being, exported from the Commonwealth; or
(b) are the property of, or are in the possession or control of, the government or the naval, military or air forces of another country and are in the Commonwealth or a Territory with the approval of the Commonwealth for the purposes of, or a purpose related to, the defence of the Commonwealth.'.

"Commonwealth public official" has the meaning given in the Dictionary to the Criminal Code .

"Competent Authority" means a person appointed under regulation 10 to be the Competent Authority for these Regulations.

"compliance auditor" means a person appointed under regulation 11 to be a compliance auditor for these Regulations.

"List of Authorised Commonwealth Explosives" means the document called `List of Authorised Commonwealth Explosives' published by the Department of Defence on 1 February 2002.

"officer of the Australian Defence Force "means an officer within the meaning of the Defence Act 1903 .

"rail vehicle" means a unit of rail rolling stock used for transporting goods on a railway.

"road vehicle" means a vehicle of a kind used for transporting goods on a road and includes a combination road vehicle.

"unauthorised Commonwealth explosive "means a Commonwealth explosive, or a kind of Commonwealth explosive, that is not included in the List of Authorised Commonwealth Explosives.

"vehicle" means a road vehicle or a rail vehicle.



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