Western Australian Current Regulations Western Australian Current Regulations (1) This regulation
does not apply to the supply —
(a) of
an explosive named in Schedule 8; or
(b) of
an explosive under regulation 114.
(2) If a person ( A )
supplies an explosive to a person (B ) and supplies it to a person ( C ) for
delivery to B, the requirements of this regulation apply to, and in relation
to —
(a) the
supply by A to B; and
(b) the
supply by A to C; and
(c) the
supply by C to B; and
(d) if
any person other than C is involved in delivering the explosive to B, the
supply by that person to the next person.
(3) A person ( X )
must not supply a quantity of an authorised explosive to an individual ( Y )
unless Y has produced to X, either at or within a reasonable period before the
time of supply —
(a)
proof of the identity of Y in the form of —
(i)
a passport; or
(ii)
a driver’s licence issued in Australia; or
(iia) a
photo card as defined in the Western Australian Photo Card Act 2014
section 3; or
(iii)
a security card, or a written authorisation, that is
valid under regulation 16,
that shows Y’s
photograph; and
(b)
evidence that Y is authorised, whether under a licence or not, to possess that
quantity of the explosive under —
(i)
the Act or these regulations; or
(ii)
the law of the Commonwealth; or
(iii)
if Y is in a place outside the State, the law of that
place.
(4) A person ( X )
must not supply a quantity of an authorised explosive to a body corporate or
partnership ( Y ) unless —
(a) Y
has produced to X, either at or within a reasonable period before the time of
supply, evidence that Y is authorised, whether under a licence or not, to
possess that quantity of the explosive under —
(i)
the Act or these regulations; or
(ii)
the law of the Commonwealth; or
(iii)
if Y is in a place outside the State, the law of that
place;
and
(b) the
explosive is delivered to a secure nominee of Y who shows X proof that he or
she is a secure nominee; and
(c) X
obtains the secure nominee’s personal receipt.
Penalty: a level 1 fine and imprisonment for 10
months.
(5) A person who
supplies an authorised explosive to another person must, if the other person
so requests, give the other person —
(a) the
SDS for the explosive; and
(b) any
instructions issued by the manufacturer of the explosive about how to use it
safely.
Penalty: a level 3 fine.
[Regulation 118 amended: Gazette 2 Dec 2013
p. 5601; 5 Feb 2016 p. 348; 3 Mar 2017 p. 1475.]