I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Explosives Act 1952.
Dated this fourteenth
day of December, 1956.
W. J. Slim
Governor-General.
By His Excellency’s Command,
(Sgd.) SHANE PALTRIDGE
Image unavailable in extracted textMinister of State for Shipping and Transport.
EXPLOSIVES REGULATIONS.
Part I.—Preliminary.
Citation.
These Regulations may be cited as the Explosives Regulations.
Repeal and saving.
2.—(1.) The Explosives Regulations (comprising Statutory Rules 1953, No. 69 and Statutory Rules 1954, No. 34) are repealed.
(2). Every appointment, certificate, declaration, order, authority or delegation made, issued or given under the Regulations repealed by the last preceding sub-regulation and in force or subsisting immediately before the commencement of these Regulations shall be deemed to have been made, issued or given, as the case may be, under these Regulations.
Parts.
These Regulations are divided into Parts as follows :—
Part I.—Preliminary (Regulations 1-8).
Part II.—Road Transport.
Division 1.—Preliminary (Regulations 9-11).
Division 2.—Loading (Regulations 12-22).
Division 3.—Transportation (Regulations 23-40).
Division 4.—Unloading (Regulations 41-43).
Division 5.—Miscellaneous (Regulations 44-46).
Part III.—Orders (Regulations 47-53).
Part IV.—Committees (Regulations 54-60).
Image unavailable in extracted textPart V.—Miscellaneous (Regulations 61-64).
* Notified in the Commonwealth Gazette on , 1956.
2694/56.—Price 1s. 9/7.12.1956.
Interpretation.
4.—(1.) In these Regulations, unless the contrary intention appears—
“ Commonwealth explosives ” means explosives which are the property of, or are in the possession or control of, the Commonwealth and are for use, or are capable of being used—
(a) by the naval, military or air forces of the Commonwealth ; or
(b) otherwise for, or for purposes related to, the defence of the Commonwealth ;
“ container ” includes a package or casing ;
“ explosives ” means—
(a) the substances and articles specified in the First Schedule, being substances and articles capable of producing an explosive, incendiary or pyrotechnic effect or of being used in chemical warfare ; and
(b) containers which have contained a substance or article to which the last preceding paragraph applies and have not been certified, in accordance with these Regulations, to be free from explosives ;
“ gross weight ”, in relation to goods consisting of explosives, means the weight of the explosives and of the containers, if any, in which the explosives are contained ;
“ net weight ”, in relation to goods consisting of explosives, means the weight of the explosive content only of the goods ;
“ order ” means an order made under regulation 47 of these Regulations ;
“ supervisor ”, in relation to the loading, unloading, discharging, stacking, stowing, storing or transporting of goods consisting of explosives, or any operation incidental to or arising out of any of those operations, means a person appointed under these Regulations to supervise that loading, unloading, discharging, stacking, stowing, transporting or other operation.
(2.) In these Regulations—
(a) a reference to a Schedule by number shall be read as a reference to the Schedule so numbered to these Regulations ; and
(b) a reference to goods consisting of explosives or Commonwealth explosives shall be read as including a reference to goods consisting in part only of explosives or Commonwealth explosives.
(3.) For the purposes of these Regulations, Commonwealth explosives are divided into Groups and a Commonwealth explosive shall be deemed to be included in a Group of explosives if the name of that explosive is set out under the reference to that Group in the First Schedule.
Application of Regulations.
These Regulations and orders made under these Regulations do not apply to or in relation to—
(a) the handling of explosives in a place—
(i) which is permanently occupied by, or by a part of, the Defence Force or on lands on which the Defence Force, or a part of the Defence Force, is authorized to enter under section 69 of the Defence Act 1903-1953 :
(ii) where explosives are manufactured ; or
(iii) which is declared by the Minister in writing to be a place to which these Regulations do not apply ; or
(b) the transport by road between a place where a part of the Defence Force is encamped and a place where the training of that part of the Defence Force is carried out, on a vehicle or vehicles forming part of the equipment of that part of the Defence Force, of explosives to be used for the purposes of that training.
Inconsistency with a law of a State or Territory.
6. To the extent to which a law of a State or of a Territory of the Commonwealth is not inconsistent with the Explosives Act 1952, with these Regulations or with an order made under these Regulations, that law applies to and in relation to the handling of Commonwealth explosives in that State or Territory, as the case may be.
Appointment of supervisors.
7.—(1.) The Minister, or a person, or a person included in a class of persons, authorized by the Minister to make appointments under this regulation, may, by writing under his hand, appoint a person to supervise the loading, unloading, discharging, stacking, stowing, storing or transporting of goods consisting of Commonwealth explosives, or any operation incidental to, or arising out of, any of those operations, and may give to that person such instructions in relation to the operation, not inconsistent with these Regulations or an order made under these Regulations, as the Minister or other person making the appointment, as the case may be, considers necessary.
(2.) A person so appointed shall—
(a) supervise, and be present during, the carrying out of the operation which he is appointed to supervise ;
(b) have a copy of these Regulations in his possession at all times during the carrying out of the operation which he is appointed to supervise ;
(c) comply with any instructions given to him in relation to that operation under the last preceding sub-regulation ; and
(d) as far as practicable, ensure that these Regulations, and any order made under these Regulations, are complied with in the carrying out of that operation.
(3.) A person shall not—
(a) load on to, or unload from, a vehicle goods consisting of Commonwealth explosives or carry out or perform any operation incidental to, or arising out of, the loading on to, or the unloading from, a vehicle of goods consisting of Commonwealth explosives ; or
(b) handle goods consisting of Commonwealth explosives at a port,
unless a supervisor has been appointed under sub-regulation (1.) of this regulation to supervise that loading, unloading or other operation or handling.
Directions by supervisors.
8.—(1.) A supervisor may, in relation to the operation which he is appointed to supervise, give such directions to persons engaged in carrying out that operation as he thinks proper and as are not inconsistent with these Regulations or an order made under these Regulations.
(2.) A person who fails to comply with a direction given to him by a supervisor under the last preceding sub-regulation shall be deemed to have contravened a provision of these Regulations.
Part II.—Road Transport.
Division 1.—Preliminary.
Definitions.
In this Part, unless the contrary intention appears—
“ approved trailer ” means a vehicle which complies with the requirements specified in Part I. of the Second Schedule ;
“ approved vehicle ” means a vehicle, other than a trailer, which complies with the requirements specified in Part II. of the Second Schedule ;
“ attendant ” means a person appointed under this Part to travel on a vehicle as an attendant, and includes a supervisor when he travels on a vehicle and acts as an attendant;
“ convoy ” means two or more vehicles in convoy ;
“ specially adapted vehicle ” means an approved vehicle which complies with the requirements specified in Part III. of the Second Schedule ;
“ vehicle ” means a vehicle used for transporting goods by road.
Application of Part.
This Part and orders made in relation to the transport by road of goods consisting of Commonwealth explosives do not apply to or in relation to the handling of a quantity of goods consisting of Commonwealth explosives included in a Group specified in the first column of the following table if the net weight of the goods is less than the weight shown opposite to the Group in the second column of that table :—
11.—(1.) Where goods consisting of Commonwealth explosives are to be transported by road in a single vehicle, the supervisor of the transportation, or, if there is no supervisor of the transportation, the supervisor of the loading of the goods, shall appoint a person, being a person who is competent to act as a driver in an emergency, to travel on that vehicle as an attendant.
(2.) Where goods consisting of Commonwealth explosives are to be transported by road in a convoy, the supervisor of the transportation, or, if there is no supervisor of the transportation, the supervisor of the loading of the goods, shall, in accordance with the next two succeeding sub-regulations, appoint persons, of whom at least one is competent to act as a driver in an emergency, to travel as attendants on vehicles in the convoy.
(3.) Where a convoy consists of less than five vehicles, one attendant shall be appointed to travel on the first vehicle in the convoy and one attendant shall be appointed to travel on the last vehicle in the convoy.
(4.) Where a convoy consists of five or more vehicles, one attendant shall be appointed to travel on the first vehicle in the convoy, one attendant shall be appointed to travel on the last vehicle in the convoy and additional attendants shall be appointed to travel on other vehicles in the convoy so as to ensure that between each vehicle on which an attendant is travelling there are not more than three vehicles without an attendant.
(5.) A supervisor may travel on a vehicle and act as an attendant.
Division 2.—Loading.
Application of Division.
This Division applies to the loading of goods consisting of Commonwealth explosives on to vehicles for the transporting of the goods by road.
Vehicles on which explosives to be loaded.
13.—(1.) Subject to the next succeeding sub-regulation, the supervisor of the loading of goods consisting of Commonwealth explosives shall not permit those goods to be loaded on to a vehicle other than a specially adapted vehicle.
(2.) If a specially adapted vehicle is not available, the supervisor may, subject to the next succeeding sub-regulation, permit the goods to be loaded—
(a) on to an approved vehicle ; or
(b) if an approved vehicle is not available—on to an approved trailer.
(3.) Goods consisting of Commonwealth explosives included in Group 1 or 2 shall not be loaded on to an approved vehicle or an approved trailer unless the net weight of the goods is five hundred pounds or less.
Loading of explosives in Group 1, 2, 3 or 4.
Goods consisting of Commonwealth explosives included in Group 1, 2, 3 or 4 shall not be loaded on to a vehicle unless the goods are packed in a container specially designed for the carriage of those goods or in a container of a kind known by any of the following names :—
Box, ammunition, C.190.
Box, ammunition, Cal. 50M2 for Cordite Samples only.
Case, magazine.
Case, powder.
Case, transport, detonators.
Case, transport, explosives.
Cylinder, transport, detonators.
Magazine, portable (Aust.).
Inspection before loading.
15. Goods consisting of a Commonwealth explosive shall not be loaded on to a vehicle unless the goods have first been inspected for evidence of damage.
Containers to bear Group label.
16. Goods consisting of a boxed Commonwealth explosive shall not be loaded on to a vehicle unless the number of the Group in which that explosive is included appears on the goods.
Vehicles to be clean.
17. Goods consisting of a Commonwealth explosive shall not be loaded on to a vehicle unless that part of the vehicle on which the goods are to be loaded is clean and free from articles other than those necessary to secure the load.
Engines to be stopped during loading.
Goods consisting of a Commonwealth explosive shall not be loaded on to a vehicle while the engine of the vehicle is running.
Segregation of explosives.
19.—(1.) Goods consisting of a Commonwealth explosive included in one Group of explosives shall not be loaded on to a vehicle with goods consisting of an explosive included in another Group of explosives except, subject to the next succeeding sub-regulation, for the purpose of providing a full load for the vehicle.
(2.) Goods consisting of a Commonwealth explosive included in Group 7a, 12, 13 or 15 shall not, under any circumstances, be loaded on to a vehicle with goods consisting of an explosive included in another Group of explosives.
Limits of load.
20. The net weight of goods consisting of Commonwealth explosives loaded on to a vehicle shall not exceed ten thousand pounds and a vehicle shall not be loaded with goods consisting of Commonwealth explosives beyond its load capacity.
Securing of load.
21. Immediately after goods consisting of Commonwealth explosives have been loaded on to a vehicle, the goods shall be properly secured on the vehicle and protected against damage or theft.
Offences.
Where a requirement of regulation 14, 15, 16, 17, 18, 19 or 20 of these Regulations, or of the last preceding regulation, is not complied with in relation to the loading of goods consisting of Commonwealth explosives on to a vehicle, the supervisor of the loading and the driver of the vehicle shall each be deemed to have contravened a provision of these Regulations.
Division 3.—Transportation.
Route.
A supervisor of the transportation by road of goods consisting of Commonwealth explosives shall plan in advance the route to be followed by the vehicle or convoy in which the goods are to be transported and shall, as far as practicable, plan a route which does not pass through closely populated areas or pass along a street or road which carries an electric tramway.
Compulsory halts.
24.—(1.) Where goods consisting of Commonwealth, explosives are being transported on a vehicle by road and, on a particular day, the distance to be travelled is greater than fifteen miles, the vehicle shall be halted for a period of ten minutes in the first available area in which there are no adjacent buildings—
(a) after the vehicle has travelled the first ten miles on that day ; and
(b) at the end of each one hundred minutes of travelling during that day subsequent to that first halt.
(2.) Where a vehicle in which goods consisting of Commonwealth explosives are being transported by road is not halted as required by the last preceding sub-regulation, the supervisor, if any, of the transportation and the driver of the vehicle shall each be deemed to have contravened a provision of these Regulations.
Inspection by driver.
When a vehicle, including a vehicle in a convoy, is halted as required by the last preceding regulation, the driver of the vehicle and the attendant, if any, travelling on the vehicle shall immediately inspect the vehicle to determine—
(a) that the vehicle is in a serviceable condition ;
(b) that the load is secure and intact ; and
(c) that undue heat is not being generated by movement of the load, rubbing of the tyres on the vehicle, deflation of the tyres, faulty brake adjustment or from any other cause.
Discovery of defects.
26.—(1.) If the driver of a vehicle, or an attendant travelling on a vehicle, on which goods consisting of Commonwealth explosives are being transported by road under the supervision of a supervisor discovers a defect in or damage to the vehicle or goods, he shall forthwith report the defect or damage to the supervisor.
(2.) If a vehicle on which goods consisting of Commonwealth explosives are being transported, or those goods, becomes or become defective or suffers or suffer damage—
(a) the driver of the vehicle shall forthwith remedy the defect or damage if it is not serious and can be remedied without undue delay or danger to the vehicle or to any other vehicle ; and
(b) the driver of the vehicle shall not proceed on the journey while the defect or damage continues to exist unless the driver, or, if the transportation is under the supervision of a supervisor, the supervisor, is of the opinion that the defect or damage does not affect the safety of the vehicle or of any other vehicle.
Major defects.
27.—(1.) If a vehicle on which goods consisting of Commonwealth explosives are being transported, or those goods, becomes or become defective or suffers or suffer damage, and the defect or damage cannot be remedied by the driver of the vehicle without undue delay or danger to the vehicle or to other vehicles—
(a) the vehicle shall, if possible, be moved as close as practicable to the side of the road and away from the vicinity of any buildings ;
(b) passing traffic shall be warned to slow down ;
(c) the nearest police station shall be advised ;
(d) the consignor or the consignee of the goods, whichever can be more conveniently communicated with, shall be advised of the defect or damage as soon as possible ; and
(e) the vehicle and the goods shall be dealt with in accordance with the instructions, if any, of the consignor or the consignee, as the case may be.
(2.) If a vehicle on which goods consisting of Commonwealth explosives are being transported, or those goods, catches or catch fire, the requirements of the last preceding sub-regulation shall be complied with and, in addition—
(a) appropriate action shall be taken to extinguish the fire and, if the fire cannot be readily extinguished, approaching traffic shall be stopped at a safe distance ; and
(b) the nearest police station and fire brigade shall, if practicable, be called upon for assistance and advised of the nature of the load and of the hazards involved.
(3.) If any requirement of either of the last two preceding sub-regulations is not complied with, the supervisor, if any, of the transportation of the goods, the driver of the vehicle concerned and the attendant, if any, travelling on the vehicle shall, unless it was impossible to comply with that provision, each be deemed to have contravened a provision of these Regulations.
Person may be called upon to assist.
28.—(1.) Subject to the next succeeding sub-regulation, where a vehicle on which goods consisting of Commonwealth explosives are being transported, or the goods, becomes or become defective or suffers or suffer damage, the supervisor, if any, of the transportation of the goods, the driver of the vehicle or the attendant, if any, travelling on the vehicle may require any person to assist in carrying out the requirements of the last preceding regulation and, if that person does not assist in the manner required, he shall be deemed to have contravened a provision of these Regulations.
(2.) The assistance which may be required of a person under the last preceding sub-regulation shall not be such as to place that person in danger.
Major repairs.
29.—(1.) Where goods consisting of Commonwealth explosives are being transported on a vehicle, the supervisor, if any, appointed to supervise that transportation or the driver of the vehicle shall not effect any major repairs, or permit any major repairs to be effected, to that vehicle while the goods are loaded on the vehicle.
(2.) For the purposes of the last preceding sub-regulation, repairs shall be deemed to be major repairs if they are of a kind which ordinarily require the entry of a vehicle into a garage, work-shop or service station.
Refuelling.
Where goods consisting of Commonwealth explosives are being transported on a vehicle, a person shall not refuel that vehicle or permit that vehicle to be refuelled—
(a) while the engine of the vehicle is running ;
(b) from a petrol pump or in a place from which fuel is supplied to the public ;
(c) in a place where there are adjacent buildings ; and
(d) unless a person carrying a fire extinguisher suitable for use on a petrol or an oil fire remains in close proximity to the vehicle while the refuelling is taking place.
Distance between loaded vehicles.
The driver of a moving vehicle on which goods consisting of Commonwealth explosives are loaded shall not bring that vehicle within a distance of seventy-five yards of any other moving vehicle on which goods consisting of explosives are loaded.
Loaded vehicles not to be driven into buildings or halted in populated areas.
The driver of a vehicle on which goods consisting of Commonwealth explosives are loaded shall not—
(a) except for the purposes of loading or unloading the goods—drive the vehicle into a building or halt the vehicle in proximity to a building ; or
(b) except in the case of necessity—halt the vehicle in a closely populated area.
Level crossings.
33—(1.) The driver of a single vehicle on which goods consisting of Commonwealth explosives are being transported, and the driver of the first vehicle of a convoy in which goods consisting of Commonwealth explosives are being transported, shall not drive the vehicle across a railway level crossing unless the vehicle is first halted so that the distance between the railway rail nearest to the vehicle and that part of the vehicle nearest to that rail is less than forty feet and more than ten feet.
(2.) The driver of any vehicle on which goods consisting of Commonwealth explosives are being transported shall not—
(a) drive the vehicle across a railway level crossing unless the supervisor, if any, of the transportation, or an attendant, has, after proceeding on foot to a point at which he can clearly observe and satisfy himself that there is no danger from an approaching train or other railway vehicle, signalled the vehicle across ; or
(b) except in an emergency, change gear while driving the vehicle over a railway level crossing or while any part of the vehicle is within ten feet of a railway line at that crossing.
Speed of vehicles.
The driver of a vehicle on which goods consisting of Commonwealth explosives are being transported shall not drive that vehicle at a speed in excess of twenty-five miles an hour and the supervisor, if any, of the transportation by road of goods consisting of Commonwealth explosives shall not permit a vehicle on which those explosives are being transported to be driven in excess of that speed.
Vehicles not to be driven during hours of darkness.
The driver of a vehicle on which goods consisting of Commonwealth explosives are being transported shall not drive that vehicle between the hours of sunset and sunrise unless, in the case of emergency the supervisor, if any, of the transportation, or, if there is no supervisor, the driver, considers that, in the interests of safety, the vehicle should be driven between those hours.
No explosives in cabin.
A person shall not place or carry goods consisting of Commonwealth explosives, or permit goods consisting of Commonwealth explosives to be placed or carried, in the cabin of a vehicle.
Intoxicating liquor.
37.—(1.) A person shall not carry intoxicating liquor, or permit intoxicating liquor to be carried, in or on a vehicle on which goods consisting of Commonwealth explosives are loaded.
(2.) A person shall not drive a vehicle on which goods consisting of Commonwealth explosives are loaded, or act as a attendant on such a vehicle, if he is under the influence of intoxicating liquor.
Carriage of fuel.
The driver of a vehicle on which goods consisting of Commonwealth explosives are being transported shall not carry fuel for that, or any other, vehicle, or permit fuel for that, or any other, vehicle to be carried in or on the vehicle elsewhere than in the fuel tank of the vehicle.
Supervisor may instruct driver to cease driving.
39.—(1.) Where goods consisting of Commonwealth explosives are being transported on a vehicle and the supervisor, if any, of the transportation considers, for any reason, that it is desirable that the driver of the vehicle should cease to drive the vehicle, he may direct the driver not to drive the vehicle.
(2.) A driver of a vehicle who fails to comply with a direction given under the last preceding sub-regulation shall be deemed to have contravened a provision of these Regulations.
Attention of drivers and attendants to be drawn to certain matters.
40. Where goods consisting of Commonwealth explosives are to be transported by road, the supervisor of the transportation, or, if there is no supervisor of the transportation, the supervisor of the loading of the goods, shall satisfy himself that the attention of each driver of, and of each attendant travelling on, a vehicle on which the goods are to be transported has been drawn—
(a) to the provisions of these Regulations ;
(b) to the number of the Group of explosives in which the explosives comprising those goods is included ;
(c) to the probable effect of fire on the load ; and
(d) to the proper action to be taken in the event of damage to, or spillage from, the load.
Division 4.—Unloading.
Inspection before and during unloading.
A supervisor of the unloading from a vehicle of goods consisting of Commonwealth explosives shall inspect the vehicle and the goods immediately on the arrival of the vehicle at the place where it is to be unloaded and shall examine the goods as they are unloaded from the vehicle for the purpose of detecting evidence of damage or pilfering.
Measures to be taken after unloading completed.
After goods consisting of Commonwealth explosives have been unloaded from a vehicle the supervisor of the unloading shall—
(a) cause that part of the vehicle in which the goods were carried to be thoroughly cleaned ; and
(b) cause to be removed from the vehicle any signboard which would lead to the belief that the vehicle was loaded with explosives.
Engines to be stopped during unloading.
A supervisor of the unloading from a vehicle of goods consisting of Commonwealth explosives shall not permit the goods to be unloaded while the engine of the vehicle is running.
Division 5.—Miscellaneous.
Smoking materials.
44.—(1.) A person shall not carry on to, or take within twenty yards of, a vehicle on which goods consisting of Commonwealth explosives are loaded any smoking materials, including means of ignition, unless those materials are locked in a metal box which is painted red and provided with an efficient lock and key.
(2.) A person shall not carry such a box, or permit such a box to be carried, on a vehicle on which goods consisting of Commonwealth explosives are loaded elsewhere than in the cabin of the vehicle.
Vehicles not to be left unattended and explosives not to be exposed to weather.
The supervisor of—
(a) the loading of goods consisting of Commonwealth explosives on to vehicles ;
(b) the transportation by road of goods consisting of Commonwealth explosives ; or
(c) the unloading of goods consisting of Commonwealth explosives from vehicles,
shall not permit a vehicle on which the goods are loaded to be left unattended or the goods, other than those consisting of unboxed explosives, to be left unprotected from the weather.
Unauthorized persons not to board vehicles.
46. When goods consisting of Commonwealth explosives are loaded on a vehicle, a person other than—
(a) the driver of the vehicle ;
(b) an attendant appointed to travel on the vehicle ;
(c) a supervisor of the handling of those goods ; or
(d) a person loading or unloading the vehicle,
shall not be in, upon or in the vicinity of the vehicle without the consent of the supervisor of the handling of the goods.
Part III.—Orders.
Minister may make orders.
47.—(1.) The Minister, or a person authorized by the Minister to make orders under this regulation, may, by order in writing—
(a) make provision for or in relation to, or for or in relation to any matter arising out of or incidental to, the handling of Commonwealth explosives ;
(b) make provision for or in relation to safety measures to be observed at, in or upon a place, vehicle, aircraft or vessel at, in, upon or in the vicinity of which there are Commonwealth explosives ; or
(c) subject to the next succeeding regulation, direct that a vessel in which Commonwealth explosives are, or are to be, loaded may be moored or berthed in a port specified in the order.
(2.) An authority by the Minister to a person to make orders under this regulation may be granted in relation to a particular matter, or class of matters, or to a particular place.
Orders directing mooring or berthing of vessels.
48.—(1.) An order shall not be made directing that a vessel may be moored or berthed in a port if the explosives loaded or to be loaded on the vessel consist of explosives included in shipping categories B and C and—
(a) the gross weight of the explosives exceeds five thousand tons ;
(b) the gross weight of the explosives exceeds one thousand tons and the net weight of such of those explosives as are included in shipping category C exceeds two hundred tons ;
(c) the gross weight of the explosives is less than one thousand tons and the gross weight of such of those explosives as are included in shipping category C exceeds five hundred tons ;
(d) the gross weight of such of those explosives as are included in Group 3 exceeds two thousand tons ; or
(e) such of the explosives as are included in shipping category C are not stowed, or are not to be stowed, in a separate hold.
(2.) An order shall not be made directing that a vessel may be moored or berthed in a port if the explosives loaded or to be loaded on the vessel consist of explosives included in shipping category C and the net weight of the explosives exceeds five hundred tons.
(3.) For the purposes of this regulation—
(a) explosives shall be deemed to be included in shipping category B if the explosives have a fire, minor explosive or toxic risk ; and
(b) an explosive shall be deemed to be included in shipping category C if the explosive has a mass explosion risk.
Orders inconsistent with these Regulations.
49.—(1.) Where a provision of these Regulations is inconsistent with an order made by the Minister, the order shall prevail and that provision of these Regulations shall, to the extent of the inconsistency, be of no effect.
(2.) When a provision of an order made by a person authorized by the Minister to make orders under regulation 47 of these Regulations is inconsistent with these Regulations, the Regulations shall prevail and the provision of the order shall, to the extent of the inconsistency, be of no effect.
Application of orders.
50. An order may be expressed to be of general application or to apply to persons included in a class of persons or may be addressed to a Particular person, either by name or by a description sufficient to identify that person.
Publication of orders of general application.
51. An order expressed to be of general application or to apply to persons included in a class of persons shall be published in the Gazette and shall take effect on the date of publication or on such later date as is fixed by the order.
Service of orders addressed to particular persons.
52.—(1.) An order addressed to a particular person shall be served on that person and shall, subject to the next succeeding regulation, take effect on the date of service or on such later date as is fixed by the order.
(2.) An order may be served on a person—
(a) personally ;
(b) by sending the order or a copy of the order by post to the person at his last-known place of abode or employment ;
(c) by posting up the order or a copy of the order in a prominent position at or near the place of employment of the person ; or
(d) in the case of a body politic or a body corporate—by sending the order or a copy of the order by post to the registered office, if any, of that body or by serving the order or a copy of the order personally on the manager, secretary or other executive officer of that body.
(3.) An order addressed to a particular person may be published in the Gazette and shall be deemed to have been served on that person on the date on which it is so published.
Mooring and berthing of vessels.
Where, by an order, it is directed that a vessel may be moored or berthed in a port specified in the order, the order shall be of no effect unless—
(a) it specifies the purpose for which the ship is to be moored or berthed ; and
(b) it is served upon the person, if any, to whom it is addressed at least forty-eight hours before the mooring or berthing is to take place.
Part IV.—Committees.
Definition.
In this Part, “ committee ” means the Commonwealth Explosives Transport Committee, or the Commonwealth Explosives Port Facilities Committee, established under this Part.
The Commonwealth Explosives Transport Committee.
55.—(1.) There shall be a committee, to be known as the Commonwealth Explosives Transport Committee.
(2.) The function of the Commonwealth Explosives Transport Committee is to advise the Minister on matters relating to the handling of Commonwealth explosives and, in particular, on matters relating to the transport of Commonwealth explosives.
The Commonwealth Explosives Port Facilities Committee.
56.—(1.) There shall be a committee, to be known as the Commonwealth Explosives Port Facilities Committee.
(2.) The function of the Commonwealth Explosives Port Facilities Committee is to advise the Minister on, and on matters relating to—
(a) the facilities available for the handling of Commonwealth explosives at ports in Australia ;
(b) the adequacy of those facilities ;
(c) the necessity for the provision of special facilities ;
(d) the type and estimated cost of those special facilities ;
(e) the proportion in which the cost of those special facilities should be shared between the Commonwealth and a State or person ; and
(f) any other matter relating to facilities for handling explosives at ports in Australia.
Constitution of committees.
A committee shall consist of at least six members, who shall be appointed by the Minister and hold office during the pleasure of the Minister.
Chairman and Deputy Chairman.
58.—(1.) The Minister shall appoint from amongst the members of a committee a chairman of the committee and a deputy chairman of the committee, who shall hold office as chairman and deputy chairman respectively during the pleasure of the Minister.
(2.) The office of chairman or of deputy chairman of a committee shall become vacant if the person holding the office ceases to be a member of the committee.
(3.) The deputy chairman of a committee shall be the executive member of the committee and as such shall have such powers and functions in relation to the committee as are conferred upon him by the Minister.
Deputies of members.
59.—(1.) The Minister may appoint a person to be the deputy of a member, other than the chairman or deputy chairman, of a committee during the pleasure of the Minister.
(2.) A person so appointed as the deputy of a member may, in the event of the absence of that member from a meeting of the committee, attend that meeting, and, when so attending, shall be deemed to be a member of the committee.
Meetings of committees.
60.—(1.) Meetings of a committee shall be held at such times and places as the committee determines or as the chairman, or, in his absence, the deputy chairman, directs.
(2.) At a meeting of a committee, four members of the committee constitute a quorum.
(3.) The chairman of a committee shall preside at all meetings of the committee at which he is present.
(4.) In the absence of a chairman of a committee from a meeting of the committee, the deputy chairman of the committee shall preside at the meeting.
(5.) In the absence of both the chairman and the deputy chairman of a committee from a meeting of the committee, the members of the committee present shall appoint one of their number to preside at the meeting.
(6.) A question arising at a meeting of a committee shall be determined by a majority of the votes of the members present.
(7.) The chairman, deputy chairman or other member of a committee presiding at a meeting of the committee has a deliberative vote and, in the event of an equality of votes, also has a casting vote.
Part V.—Miscellaneous.
Handling of Group 13 explosives.
61.—(1.) A supervisor appointed to supervise the handling of Commonwealth explosives included in Group 13 shall not handle those explosives, or permit those explosives to be handled, unless there is present during the handling an escort party which—
(a) consists of at least two persons ;
(b) is equipped in accordance with the next succeeding sub-regulation ; and
(c) if the explosives are being transported by road—is provided with a vehicle on which explosives are not loaded.
(2.) An escort party shall be equipped with—
(a) protective clothing, including gloves and respirators, sufficient for each member of the escort party and to equip a fire-fighting party ;
(b) an ample supply of suitable neutralizer ; and
(c) picks, shovels and fire extinguishers.
(3.) A supervisor appointed to supervise the transportation by road of Commonwealth explosives included in Group 13 shall not permit a person to travel on a vehicle carrying those explosives unless that person is equipped with a respirator.
(4.) A supervisor appointed to supervise the transportation by rail of Commonwealth explosives included in Group 13 shall satisfy himself that each member of the crew of the train on which the explosives are being transported is equipped with a respirator.
(5.) A supervisor appointed to supervise the handling of Commonwealth explosives included in Group 13 shall, after the handling is complete, cause all vehicles, equipment, appliances and materials used in, or in connexion with, the handling to be inspected for signs of contamination and, if contaminated, to be decontaminated before being used again.
Explosives in damaged containers and spilled explosives.
Where goods consisting of Commonwealth explosives are in a damaged container or have spilled from a container, a person handling those goods shall comply with any directions relating to the handling of explosives in damaged containers or spilled explosives given to him, whether in writing or otherwise and whether before or after the damage or spillage is discovered, by the supervisor of the handling or, if the goods are being transported by road and there is no supervisor of the transportation, by the supervisor of the loading of the goods.
Certification of containers to be free from explosives.
63.—(1.) The Minister, or a person, or a person included in a class of persons, authorized by the Minister to make appointments under this regulation, may, by writing under his hand, appoint persons to certify that containers which have contained Commonwealth explosives are free from explosives.
(2.) A person appointed under the last preceding sub-regulation to certify that containers are free from explosives may, on satisfying himself that a container which has contained Commonwealth explosives is free from explosives, issue a certificate to that effect.
Delegation.
64.—(1.) The Minister may, in relation to a particular matter or class of matters, or to a particular place, by writing under his hand, delegate to a person all or any of his powers and functions under these Regulations, except this power of delegation, so that the delegated powers or functions may be exercised by the delegate with respect to the matter or class of matters, or to the place, specified in the instrument of delegation as fully and effectually as by the Minister.
(2.) A delegation under this section is revocable at will and does not prevent the exercise of a power or function by the Minister.
THE SCHEDULES. Regulation 4 (1.).
FIRST SCHEDULE.
Explosives.
Group 1.
Explosives known by the following names, being explosives which bear a fire and explosion risk, are relatively sensitive to spark or friction or require lead-free conditions, are in bulk or (other than those contained in sealed metal components) are contained in paper or fabric wrapping and do not contain their own means of ignition :—
Ballistite.
Compositions (Type B), P.N.
Bursters, gunpowder.
Cordite, small arms, granular.
Bursters, H.E.
Cordtex.
Cartridges, M.L., mortar, augmenting, other than filled cordite W.M.
Explosives known by the following names, being explosives which are liable to decomposition, bear an explosion risk, are liable to function by spark or friction and do not contain their own means of ignition :—
Ballistite in metallic containers.Blasting explosives.Cartridges, M.L., mortar, augmenting, other than filled cordite W.M., in metallic containers.Cordite, small arms, granular, in metallic containers.Nitro-cellulose, small arms, granular powder, in metallic containers.
Nitro-glycerine, desensitized, with or without admixture of nitrocellulose.Nobel’s 808.Nobel’s 809.Plastic propellant, type 2.Propellant compositions.Puffs, cordite in metallic containers.
Group 3.
Explosives known by the following names, being explosives which are liable to decomposition, bear a fire risk and do not contain their own means of ignition :—
Nitro-cellulose cannon powder.Nitrated paper.Plastic propellant, type 1.
Group 4.
Explosives known by the following names, being explosives which are stable, bear a fire or explosion risk and do not contain their own means of ignition :—
Amatex.
Minol.
Amatol.
Nobel’s 896.
Ammonal.
Pentolite.
Ammonium picrate.
P.E.T.N./Wax.
Baratol.
P.E.T.N., wet.
Battle noises.
Picric acid.
Demolition explosives.
Picrite.
Di-nitro-phenol.
Plastic explosive.
Di-nitro-resorcinol.
Potassium di-nitro-phenate.
Exploders, picric.
R.D.X./T.N.T.
Exploders, R.D.X./Wax.
R.D.X./Wax.
Exploders, T.N.T.
R.D.X., wet.
Fuze, detonating.
Styphnic acid, wet.
Guncotton, sets, demolition.
T.N.T.
Guncotton, wet.
Torpex.
Guncotton, wet, loose.
Tritonal.
Group 5.
Explosives known by the following names, being explosives which consist of unboxed shell, whether plugged or fuzed, filled with high explosive, gunpowder or star composition :—
Explosives known by the following names, being explosives which consist of boxed ammunition containing high explosives, gunpowder or propellants and which either do or do not contain their own means of ignition :—
Ejectors, electric.Ejectors, flare.Flashes, photographic, medium.Floats, signal.Fuze, instantaneous.Fuzes.Fuzes, with exploders.Gaines.Heads, rocket, radar echo.Heads, T-cutters.Igniters, electric.Igniters, fuze.Igniters, shell.Initiators, thermal.Motors, rocket (boxed).Motors, rocket, H.C. (boxed).Primer detonators.Primers, electric.Primers, electric and percussion.Primers, percussion.Projectiles, hedghog, weighted.Projectiles, practice, hedgerow.Puffs, powder, with igniter.Relays, electric.Sets, fuzing.Shell, flare (boxed).Shell, H.E. (boxed).Shell, H.E., H.C.Shell, practice (boxed).Shell, radar echo (boxed).Shell, shrapnel (boxed).Shell, star (boxed).Shot, with tracer (boxed).Switches.Tubes, electric.Tubes, friction.Tubes, percussion.
Group 7.
Explosives known by the following names, being explosives, either with or without components, consisting of plugged mines, metal primers, bombs or underwater ammunition, filled with high explosive :—
Bombs, aircraft, H.E., H.C.
Mines, contact.
Charges, demolition.
Mines, underwater.
Charges, line.
Projectiles, A.S., plugged.
Depth charges.
Warheads.
Mines, cases, charge.
Group 7a.
Explosives known by the following name, being explosives which consist of mines, bombs or underwater ammunition, filled with high explosive and containing their own means of ignition :—
Projectiles, A.S., fused.
Group 8.
Explosives known by the following names, being explosives, either with or without propellants and charges, which consist of mortar or projector ammunition filled with high explosive or gunpowder, or grenades or rockets filled with high explosive :—
Bangalore torpedoes.
Mortar ammunition, radar echo.
Bombs, demolition.
Motors, rocket, H.C., loose.
Bursters, limpet.
Petards.
Destructors, contact.
Primers, metal, H.E.
Destructors, H.E.
Projectiles, H.E., hedgehog.
Explosive sweeps.
Projectiles, H.E., hedgerow.
Grenades, H.E.
Projector, ammunition, H.E.
Grenades, H.E./H.C.
Projector, ammunition, practice.
Kits, waterproofing.
Rockets, H.E.
Mines, anti-personnel.
Pockets, training.
Mines, land.
Sets, initiating charges.
Mortar ammunition, H.E. (light).
Shell, H.E., rocket.
Mortar ammunition, H.E. (medium).
Shell, H.E., A/C rocket.
Mortar ammunition, practice.
Switches, H.E.
Group 9.
Explosives known by the following names, being explosives which consist of pyrotechnics:—
Bombs, A.R.P.
Heads, rocket, target.
Bombs, practice, flash.
Igniters, flame-thrower.
Bombs, T.I.
Igniters, rocket.
Candles, rocket, flare.
Igniters, smoke.
Cartridges, flash.
Indicators, A/S training.
Cartridges, illuminating.
Indicators, mine, firing.
Cartridges, signal.
Lights, service.
Clusters, flare.
Mines, alarm.
Crackers, blank.
Mortar ammunition, signal.
Flares, ground.
Portfires.
Flares, identification.
Pockets, illuminating.
Flares, illuminator.
Rockets, line.
Flares, reconnaissance.
Rockets, practice.
Flares, signal.
Pockets, signal.
Floats, flare.
Signals.
Floats, smoke and flame.
Simulators, gunflash.
Grenades, signal.
Thunderflashes.
Heads, rocket, flare.
Tracers.
Group 10.
Explosives known by the following names, being explosives which consist of detonators or initiatory compositions :—
Explosives known by the following names, being explosives, either with or without components, which consist of incendiary or smoke ammunition and do not contain phosphides, white phosphorus, or inflammable liquids or gel :—
Explosives known by the following names, being explosives, either with or without components, which consist of ammunition containing phosphide or white phosphorus :—
Bombs, incendiary, W.P.
Grenades, smoke, W.P.
Cartridges, Q.F., smoke, W.P.
Mortar ammunition, smoke, W.P.
Cartridges, S.A., observing.
Shell, smoke, W.P.
Clusters, incendiary, W.P.
Group 13.
Explosives known by the following names, being explosives, either with or without components, which consist of chemical ammunition :—
Ampoules, chemical.
Generators, chemical.
Bombs, chemical.
Generators, lachrymatory.
Bottles, chemical.
Grenades, lachrymatory.
Composition (Type E), P.N.
Mines, chemical.
Containers, chemical.
Mortar ammunition, chemical.
Floats, lachrymatory.
Shell, chemical.
Group 15.
Explosives known by the following names, being explosives, either with or without components, which consist of incendiary ammunition containing inflammable liquids or gel, but not containing phosphides or white phosphorus :—
Bombs, incendiary, liquid.
SECOND SCHEDULE. Regulation 9.
Requirements as to Vehicles.
Part I.—Approved Trailers.
1. The vehicle shall be a four-wheeled trailer fitted with a greased turn table, a triangular drawbar and two safety chains of adequate length and strength fixed permanently to the trailer.
2. The load limit of the trailer shall not exceed four tons gross weight.
3. The front of the vehicle, the rear of the vehicle and each side of the vehicle shall bear in a conspicuous position a signboard painted white and bearing the word “ Explosives ” in red letters not less than six inches in height.
4. The towing vehicle to which the trailer is attached shall be fitted with a drawbar, hook or pin coupling and two double “ C ” hooks or shackles to which the safety pin may be coupled.
Part II.—Approved Vehicles.
1. The vehicle shall carry such equipment, tools and spare parts as are ordinarily carried by a vehicle of its type.
2. The vehicle shall not be equipped with any form of lighting other than electric lighting.
3. The vehicle shall be equipped with an efficient fire extinguisher.
4. The front of the vehicle, the rear of the vehicle and each side of the vehicle shall bear in a conspicuous position a signboard painted white and bearing the word “ Explosives ” in red letters not less than six inches in height.
5. The motor of the vehicle shall not be driven by a fuel other than—
(a) petrol ; or
(b) oil fuel of a type which does not give off an inflammable vapour at a temperature of less than 150° Fahrenheit.
6. If the vehicle is of the type known as a semi-trailer, it shall not be fitted with a fuel tank or an electric storage battery in a position directly below that part of the body which carries the load or have an exhaust pipe which extends beneath, or comes in contact with, that part of the body which carries the load.
Part III.—Specially Adapted Vehicles.
1. The cabin of the vehicle shall be separated from that part of the vehicle which carries the load by a fire resistant screen which—
(a) shall extend at least six inches below the floor of the cabin or the floor of that part of the vehicle which carries the load, whichever is the lower ; and
(b) shall be at least four inches from that part of the vehicle which carries the load.
2. The battery, the exhaust pipe and, if the vehicle is petrol-driven, the fuel tank of the vehicle shall be on the cabin side of the fire resisting screen.
3. The fuel feed pipe of the vehicle shall be fitted with a quick action cut-off which—
(a) if the vehicle is petrol-driven, shall be fitted as near as possible to the carburettor without there being a danger of the cut-off being involved in a fire in the carburettor ; and
(b) if the vehicle is oil-driven, shall be fitted in a readily accessible position.
4. The exterior of that part of the vehicle which carries the load (including the underside of the floor of that part) shall be covered with sheet-metal and the interior of that part of the vehicle which carries the load shall be lined with wood so that no ferrous metal is exposed.
5. Any part of the vehicle, or of the fittings on the vehicle, which is constructed of wood shall be treated so as to render it as nearly non-inflammable as possible.
6. In the case of van-type vehicles there shall be no opening, other than a close-fitting door, in that part of the vehicle which carries the load.
7. The motor of the vehicle shall not be driven by a fuel other than—
(a) petrol ; or
(b) oil fuel of a type which does not give off an inflammable vapour at a temperature of less than 150° Fahrenheit.
Image unavailable in extracted text8. The electric wiring of the vehicle on the load-carrying side of the fire resisting screen shall be encased in screwed conduit.
By Authority : A. J. Arthur, Commonwealth Government Printer, Canberra.