South Australian Consolidated Regulations

EXPLOSIVES (FIREWORKS) REGULATIONS 2001 - REG 3

3—Interpretation

In these regulations, unless the contrary intention appears—

"Act" means the Explosives Act 1936;

"aerial firework" means a firework designed to have an effect at a height greater than 20 metres (whether or not it also has an effect at or below that height);

"aerial shell" means a firework that is designed to burst high in the air and is projected from a mortar by a lifting charge;

"cracker shell" means a 12 gauge cartridge designed and manufactured principally for use in scaring and dispersing birds and other animals and containing a projectile that explodes;

"director" of a body corporate includes—

            (a)         a person occupying or acting in the position of director or member of the governing body of the body corporate, by whatever name called and whether or not validly appointed to occupy or duly authorised to act in the position; and

            (b)         any person in accordance with whose directions or instructions the directors or members of the governing body of the body corporate are accustomed to act;

"distress signal" means a pyrotechnic device intended for signalling or warning or similar purposes and includes a marine flare or signal, landing flare, highway flare, highway fusee, line-carrying rocket, anti-hail rocket, cloud seeding rocket, avalanche rocket, railway fog signal or smoke generator;

"exempt display permit"—see Part 3 Division 3;

"firecracker" means a firework consisting of a casing fitted with a wick and filled with gunpowder or other pyrotechnic composition and designed to explode with a single sharp report;

"firework" means—

            (a)         a manufactured firework item; or

            (b)         an item designed or adapted so as to contain or include an explosive that on ignition burns or explodes, or both, to produce a visual effect or aural effect, or both; or

            (c)         flash powder or other pyrotechnic substance,

but does not include a distress signal, a model rocket motor or a cracker shell;

"fireworks display" means an event or activity involving the outdoor use of fireworks other than general use fireworks, but does not include—

            (a)         a test or private demonstration for a potential customer of fireworks by the holder of a pyrotechnic sales business licence; or

            (b)         a special effects display;

"general use firework" means—

            (a)         toy pistol caps; or

            (b)         starting pistol caps; or

            (c)         sparklers; or

            (d)         items commonly known as party poppers; or

            (e)         bonbon crackers or snaps for bonbon crackers; or

            (f)         items commonly known as blaster balls; or

            (g)         small fireworks commonly known as aluminium torches, amorces, indoor table bombs or magnesium torches;

"ignite" a firework includes initiate a firework (and "ignition" has a corresponding meaning);

"indoor firework" means—

            (a)         flash powder; or

            (b)         a firework that is designed to be safe for indoor use and is fitted with, or adapted for use with, an electrical ignition device;

"licence" means (except in Part 2)—

            (a)         a pyrotechnician's licence; or

            (b)         a pyrotechnic displays business licence; or

            (c)         a pyrotechnic sales business licence;

"pyrotechnic displays business licence"—see Part 3 Division 2;

"pyrotechnic sales business licence"—see Part 4;

"pyrotechnician's licence"—see Part 3 Division 1;

"sell" includes supply in the course of a business (whether or not for valuable consideration) and offer or expose for sale or such supply (and "sale" has a corresponding meaning);

"sky rocket" means a firework with a casing that contains pyrotechnic substance which on ignition produces a jet of flame and escaping gases that propel the rocket into the air;

"special effects display" means an event or activity involving the use of fireworks (other than indoor fireworks or general use fireworks) conducted for the purpose of a stunt, or other special effect, for theatrical, cinematic or other entertainment purposes;

"string cracker" means a firework consisting of a series of firecrackers with their wicks intertwined to form a string, designed to explode in a rapid series of sharp reports;

"substance" includes a mixture of substances;

"supply" includes offer or expose for supply;

"use" a firework includes prepare a firework for use or ignite a firework.