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Legislative Assembly for the ACT: 2004 Week 02 Hansard (Thursday, 4 March 2004) . . Page.. 822 ..

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Part 5.1A Particular prohibitions for fireworks

84A Definitions  for pt 5.1A

In this part:

display permit means a permit under the regulations that authorises a licensed person to conduct a public fireworks display.

distress signal firework means an article containing a pyrotechnic substance intended for signalling, warning, rescue or similar purposes.

firework means an article that—

(a) is designed for use as a form of entertainment; and

(b) contains a pyrotechnic substance; and

(c) may contain 1 or more other explosive substances; and

(d) burns or explodes (or both) to produce a visual or aural effect (or both).

general use firework means a firework that may be supplied to a person without the supplier being required to hold a licence or other form of authority (however described) under the regulations to supply the firework.

Example

a snap for a bon-bon that contains no more than a prescribed amount of pyrotechnic substance

Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

pyrotechnic substance means a substance or mixture of substances designed to produce an effect by heat, light, sound, gas or smoke, or a combination of these, as the result of non-detonative self-sustaining exothermic chemical reactions.

use a firework includes ignite or explode the firework.

84B Unauthorised  supply of fireworks

(1) A person (the supplier) commits an offence if the person supplies a firework to someone else (the receiver).

Maximum penalty: 50 penalty units, imprisonment for 6 months or both.

(2) This section does not apply to the supplier if—

(a) the receiver produces to the supplier a display permit that authorises the receiver to receive the firework; or

(b) the firework is a general use firework or distress signal firework.

(3) An offence against this section is a strict liability offence.

84C Display  permit required for use of fireworks

(1) A person commits an offence if the person uses a firework.

Maximum penalty: 50 penalty units, imprisonment for 6 months or both.

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