Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:6:p3
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 6 (pt 3/4)
Character Range: 2363917–2366477

Subpart, a person operates a firework display if the person places the fireworks for the display, or fires them off.

101.490  Certain projectiles prohibited in firework displays
 (1) A person may use, in a firework display, a projectile that is capable of reaching more than 400 feet AGL only if CASA so approves.
Penalty: 10 penalty units.
 (2) An offence against subregulation (1) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.

101.495  Firework displays not permitted near aerodromes
 (1) A person may operate a firework display in or over an area mentioned in paragraph (2)(a) or (b) only if subregulation (3) or (4) applies to the display.
Penalty: 10 penalty units.
 (1A) An offence against subregulation (1) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
 (2) The areas for subregulation (1) are:
 (a) a movement area or runway of an aerodrome; and
 (b) the approach or departure path of a runway of an aerodrome.
 (3) This subregulation applies to a firework display if:
 (a) permission for the display has been given by:
 (i) if the aerodrome is a controlled aerodrome—the air traffic control service for the aerodrome; and
 (ii) in the case of any other aerodrome—CASA; and
 (b) the person who proposes to operate the display has, before doing so, given to CASA the details required by table 101.500.
 (4) This subregulation applies to a firework display if the fireworks are set off on or near domestic premises by or for somebody who lives there.

101.500  Notice to CASA of certain firework displays
 (1) A person may operate a firework display at a place within 3 nautical miles of an aerodrome only if the person has given at least 2 working days' notice to CASA.
Penalty: 10 penalty units.
 (2) However, subregulation (1) does not apply if:
 (a) the fireworks are set off on or near domestic premises by or for somebody who lives there; and
 (b) either:
 (i) if a law of a State or Territory allows fireworks to be set off in that place only on a particular day or days—the fireworks are set off on such a day; or
 (ii) if there is no such law in that place—the fireworks are set off on a day on which fireworks are customarily set off on domestic premises in that place.
 (3) When the person tells CASA, the person must also give to CASA the information required by table 101.500.

Table 101.500 Details of firework display to be given to CASA
Item                                                           Information to be provided