New South Wales Consolidated Regulations

EXPLOSIVES REGULATION 2005 - REG 83

83 Compliance with duties in Australian Explosives Code

(1) If the Australian Explosives Code imposes a duty or responsibility but does not indicate clearly the person, or class of people, on whom that duty or responsibility falls or lies, the duty or responsibility must be observed or discharged (as the case requires) by the person undertaking the relevant activity.

(2) If, under the Australian Explosives Code, a duty or some other form of responsibility, is placed on more than one person or class of people, the duty or obligation must be observed or discharged (as the case requires) by each person or each person in that class only in relation to those matters in respect of which the person has management or control and whether or not any other person is also responsible for undertaking the duty.

(3) A licensee under the Act, and any person who manages or supervises the transport of explosives, must ensure that any person employed, engaged or otherwise involved in the transport of explosives who is employed or engaged by the licensee or the person managing or supervising that transport:

(a) is appropriately trained in the relevant requirements of the Australian Explosives Code, and

(b) as far as is practicable, complies with the applicable requirements of the Australian Explosives Code.

Maximum penalty: 250 penalty units.