Dangerous Goods Regulations 1978 - ACT Legislation Register

Part 4 Explosives (general)
Division 4.2
Regulation 41A
Safety provisions (general)
(6) Subregulations (3) and (4) do not apply in relation to a firework that
is of such a kind that it is not reasonably practicable to print on or
attach to the firework a statement referred to in subregulation (3).
(7) It is a defence to a prosecution for importing into the Territory a
firework in contravention of subregulation (1) or (4) if—
(a) the defendant establishes either—
(i) that the defendant acted in reasonable reliance on
information supplied to the defendant by someone else;
or
(ii) that the contravention was caused by the act or default of
someone else or was otherwise beyond the control of the
defendant; and
(b) the defendant took reasonable care to avoid the contravention.
41A Classification of shopgoods fireworks for sale
(1) The chief inspector may, in writing, classify a shopgoods firework
of a particular kind as suitable for retail sale if the firework is part
of, or from, a batch of fireworks of that kind from which samples
have been—
(a) taken in accordance with the relevant sampling standard; and
(b) tested in accordance with the relevant testing standard by a
person approved in writing by the chief inspector; and
(c) found to comply with the relevant performance standard.
(2) For this regulation, the chief inspector may, in writing, adopt—
(a) standards for sampling and testing shopgoods fireworks; and
(b) performance standards, particularly in relation to—
(i) the stability of shopgoods fireworks, before and during
the ignition process; and
page 32 Dangerous Goods Regulations 1978
Effective: 31/12/03-04/04/04
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
R6
24/12/03