4What are fireworks?

4 What are fireworks?

(1)  For these regulations –

theatrical fireworks means –

(a) loose-poured flash powder; or

(b) fireworks fitted with or adapted to the use of an electrical ignition device and designed to be safe for indoor theatrical use; or

(c) other fireworks designed or adapted for theatrical use;

Type 1 fireworks means fireworks specified in Schedule 5 (being fireworks that are intended for use inside domestic premises) that are exempt explosives;

Type 2 fireworks means fireworks that –

(a) are Shopgoods fireworks within the meaning of AS 2187.3; and

(b) are not Type 1 fireworks;

Type 3 fireworks, also known as professional display or large event fireworks, means fireworks other than Type 1 fireworks or Type 2 fireworks.

(2)  For the purposes of these regulations, the Secretary –

(a) may determine any question or dispute as to whether a firework is a Type 2 firework or Type 3 firework; and

(b) is to take into account the Australian Explosives Code Default Fireworks Classification Table or any other relevant code or standard when making a determination under this subregulation.

(3)  A determination made by the Secretary under subregulation (2) is final.