Dangerous Substances (Safe Handling - Transitional) Amendment Regulations 2009
I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Dangerous Goods and Substances (Transitional and Consequential Provisions) Act 2005 .
10 August 2009PETER G. UNDERWOOD
Governor
By His Excellency's Command,
LISA M. SINGH
Minister for Workplace Relations
These regulations may be cited as the Dangerous Substances (Safe Handling - Transitional) Amendment Regulations 2009 .
These regulations are taken to have taken effect on 1 July 2009.
In these regulations, the Dangerous Substances (Safe Handling - Transitional) Regulations 2009 are referred to as the Principal Regulations.
4. Regulation 3 amended (Interpretation)
Regulation 3(1) of the Principal Regulations is amended by inserting after the definition of existing the following definition:fireworks transitional period means the transitional period relating to fireworks commencing on the commencement day and ending on 2 January 2010;
5. Regulation 7 amended (Seller's licence for fireworks )
Regulation 7 of the Principal Regulations is amended by omitting subregulation (4) .
6. Regulation 9 amended (Existing fireworks permit)
Regulation 9(f) of the Principal Regulations is amended by omitting "transitional period" and substituting "fireworks transitional period".
7. Regulation 10 amended (Application for fireworks permit)
Regulation 10(1) of the Principal Regulations is amended by omitting "transitional period" and substituting "fireworks transitional period".
8. Regulation 12 amended (Fireworks offences)
Regulation 12(1)(a) of the Principal Regulations is amended by omitting "transitional period" and substituting "fireworks transitional period".
9. Regulation 17 amended (Packaging of imported or stored explosives)
Regulation 17 of the Principal Regulations is amended as follows:(a) by omitting from subregulation (1) "offence," and substituting "offence, other than a packaging offence relating to fireworks,";(b) by inserting the following subregulation after subregulation (1) :(1A) In any proceedings for a packaging offence relating to fireworks, it is a defence if the defendant establishes that the relevant action –(a) occurred during the fireworks transitional period; and(b) would not have contravened regulation 23 of the Dangerous Goods (General) Regulations 1998 had the old legislative scheme regulation still been in force during that period.
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 19 August 2009
These regulations are administered in the Department of Justice.
EXPLANATORY NOTE
(This note is not part of the regulation)
These regulations retrospectively amend the Dangerous Substances (Safe Handling - Transitional) Regulations 2009 by –(a) increasing the transitional period relating to fireworks; and(b) making minor consequential amendments.