Australian Capital Territory Consolidated Regulations Australian Capital Territory Consolidated Regulations(1) Before making a declaration under section 31, the director-general must—
(a) define the composition, quality and character of the explosive; and
(b) assign a classification code to the explosive, unless the explosive is an unstable explosive article or substance.
Note 1 Section 13 (Method of classification of explosives) and s 14 (Default classification of explosives) deal with the method of classification to be applied here.
(2) The director-general may refuse a request for authorisation if any required information, or any required document, is not given with the request.
(3) The director-general must not authorise an explosive if—
(a) the explosive is a prohibited firework; or
(b) for any explosive—
(i) the explosive is declared by the Minister to be a prohibited explosive for the Act, under section 27; or
(ii) the director-general is satisfied that the authorisation of the explosive would be inconsistent with the purpose stated in the Act, section 6 (1); or
(iii) the explosive does not meet any criteria determined by the Minister by notice.
Note The Act, s 6 (1) states that the purpose of the Act is to protect the health and safety of people, and to protect property and the environment from damage, from the hazards associated with dangerous substances. Explosives are dangerous substances (see s 7).
(4) A determination by the Minister for subsection (3) (b) (iii) is a disallowable instrument.
Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.