Sale of explosives
129 Sale of explosives
(1) A licensee must not sell explosives (other than safety cartridges, distress signals and propellant for firearms) unless:
the purchaser:
holds:
a licence to possess explosives; or
a permit to conduct a fireworks display; or
a permit to handle explosives for special effects; or
(ii) is purchasing shopgoods fireworks during a retail purchase approved period; and
(b) if the purchaser holds a licence or permit mentioned in paragraph (a)(i):
(i) the purchaser supplies the particulars required to be recorded in the sales book; and
(ii) the purchase does not constitute a contravention of the licence or permit.
(2) A person must not sell an explosive unless the explosive is an authorised explosive.
(3) A person must not sell an explosive (other than a safety cartridge) to a person who is under the age of 18 years.
(4) It is a defence to a prosecution for an offence against subregulation (3) if the defendant proves that:
(a) immediately before the sale, the person who sold the explosive was shown photographic identification indicating the purchaser was over the age of 18 years; and
(b) a reasonable person would have had no reason to suspect that the photographic identification was false or related to another person.
(5) A person must not sell a safety cartridge or propellant for a firearm unless the purchaser holds a licence under the Firearms Act 1997.
(6) A person must not sell an explosive to a person who is intoxicated.
(7) It is a defence to a prosecution for an offence against subregulation (6) if the defendant proves that a reasonable person would have had no reason to suspect that the person was intoxicated.
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