129Sale of explosives

129 Sale of explosives (1) A licensee must not sell explosives (other than safety cartridges, distress signals and propellant for firearms) unless: (a) the purchaser: (i) holds: (A) a licence to possess explosives; or (B) a permit to conduct a fireworks display; or (C) a permit to handle explosives for special effects; or (ii) is purchasing shopgoods fireworks during a retail purchase approved period; and (b) if the purchaser holds a licence or permit mentioned in paragraph (a)(i): (i) the purchaser supplies the particulars required to be recorded in the sales book; and (ii) the purchase does not constitute a contravention of the licence or permit. (2) A person must not sell an explosive unless the explosive is an authorised explosive.

Dangerous Goods Regulations 1985 36 (3) A person must not sell an explosive (other than a safety cartridge) to a person who is under the age of 18 years. (4) It is a defence to a prosecution for an offence against subregulation (3) if the defendant proves that: (a) immediately before the sale, the person who sold the explosive was shown photographic identification indicating the purchaser was over the age of 18 years; and (b) a reasonable person would have had no reason to suspect that the photographic identification was false or related to another person. (5) A person must not sell a safety cartridge or propellant for a firearm unless the purchaser holds a licence under the Firearms Act 1997. (6) A person must not sell an explosive to a person who is intoxicated. (7) It is a defence to a prosecution for an offence against subregulation (6) if the defendant proves that a reasonable person would have had no reason to suspect that the person was intoxicated.