36Sale of defective explosives

36 Sale of defective explosives

(1)  A person must not sell explosives, including fireworks, that the person knows, or reasonably ought to know, are defective.

Penalty:  Fine not exceeding 50 penalty units.

(2)  For subregulation (1) , an explosive is taken to be defective if it –

(a) is, either by means of specific notice to the seller or general notice to the Tasmanian or Australian public, subject to a recall by its manufacturer or importer; or

(b) is likely to, in attempted use, fail to detonate; or

(c) failed to detonate on a previous attempt to detonate it; or

(d) forms part of the same batch of explosives as an explosive that, in attempted use, has failed to detonate; or

(e) is (though not in use) leaking, smoking or sweating; or

(f) is incorrectly labelled or packaged; or

(g) has labels that (though seemingly correct) are faded, stained, discoloured, damaged or difficult to read; or

(h) is in any way damaged or contaminated, or forms part of a batch of explosives that is in any way damaged or contaminated.