35Explosives to be secured on day of firing &c.

35 Explosives to be secured on day of firing &c.

(1)  This regulation applies to a person who takes possession of general explosives on any day in order to fire them on that day (the firing day).

Note

General explosives are those explosives other than fireworks.

(2)  A person to whom this regulation applies must not leave the explosives unattended on the firing day except to the extent that may be necessary for safety before they are fired.

Penalty:  Fine not exceeding 50 penalty units.

(3)  If a person to whom this regulation applies decides not to fire all of the explosives on the firing day or is for any reason prevented from doing so, the person must ensure that –

(a) explosives not already fired or placed for firing are transferred to an approved magazine as soon as practicable for overnight storage; and

(b) explosives already placed for firing are, if it is safe and practicable to do so, retrieved and transferred to an approved magazine for overnight storage; and

(c) if it is unsafe or impracticable to retrieve any explosives already placed for firing, the perimeter of the firing site is secured overnight against unauthorised access.

Penalty:  Fine not exceeding 50 penalty units.

(4)  It is a defence in proceedings for an offence under this regulation if the defendant establishes that, on the relevant day –

(a) the defendant only took possession of the relevant explosives in the capacity of an employee or trainee; and

(b) the act or omission comprising the offence was done at the direction of, or with the express or implied consent of, the defendant's employer or supervisor.