Dangerous Substances (Explosives) Regulation 2004
6Offences against regulation—application of Criminal
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6 Offences against regulation—application of Criminal Code etc Other legislation applies in relation to offences against this Note 1 Criminal Code The Criminal Code, ch 2 applies to all offences against this regulation (see Code, pt 2.1). The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the code applies (eg conduct, intention, recklessness and strict liability). Note 2 Penalty units The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.
Division 1.2.1 Explosives and dangerous substances Division 1.2.1 Explosives and dangerous substances 7 Meaning of explosive—Act, s 73 (1) In the Act (including this regulation): explosive means a dangerous substance that is— (a) an explosive substance, or an explosive article, as defined in subsection (3); or (b) an explosive substance, or an explosive article, within the meaning of the UN Test Manual; or (c) a substance or article listed as class 1, or as having a subsidiary risk of class 1, in the Australian Explosives Code, appendix 2; or (d) a substance or combination of substances, or an article, determined by the Minister to be an explosive; or (e) a firework. Note Dangerous substance is defined in the Act, s 10. See also s 8, which expands that definition. (2) A determination by the Minister under subsection (1) (d) is a (3) In subsection (1), definition of explosive, paragraph (a): explosive article means an article containing 1 or more explosive
Explosives and dangerous substances Division 1.2.1 explosive substance— (a) means a solid or liquid substance, or a mixture of substances, that is in itself capable by chemical reaction of producing gas at such a temperature and pressure, and at such a speed, as to cause damage to the surroundings; and (b) includes a pyrotechnic substance, even if the pyrotechnic substance does not evolve gas.