The short answer is No, unless you have a license to purchase, use, store, manufacturer, supply and transport fireworks than it is illegal to possession, let off or supply fireworks.
Can I obtain a licence?
There are two main licence types when it comes to the use of fireworks.
Firework Single Use licence (FSULL)
This can be used a maximum of on 4 occasions in any 12 months period. See attached guide.
A fireworks (single use) licence (FSUL) can only be issued for:
- ground displays
- Chinese strings
- theatrical/indoor displays.
A single use event or display can be:
- a one day event
- an event of up to three consecutive days
- an extended display.
Pyrotechnicians Licence
A pyrotechnicians licence authorises you to conduct one of these types of fireworks displays as specified on the licence:
- ground display fireworks
- theatrical and indoor fireworks (close proximity)
- Chinese string fireworks
- aerial shells (up to 300mm)
- aerial salutes up to 75mm.
For more information on obtaining a licence, contact SafeWork NSW here.
Offences involving Fireworks
Possession/Use of Fireworks
The possession or use of fireworks without a licence is found in section 6(1) of the Explosives Act 2003 NSW which states:
(1) A person must not handle an explosive or explosive precursor if—
(a) the regulations require the handling to be authorised by a licence under this Act, and
(b) the person is not authorised to do so by a licence under this Act.
Maximum penalty
(a) in the case of a corporation—500 penalty units, or
(b) in the case of an individual—250 penalty units or imprisonment for 12 months, or both.
What is a firework? Is it really an Explosive?
Clause 4 of the Explosives Regulations 2013 (NSW) define an explosive as:
For the purposes of the definition of explosive in section 3 (1) of the Act, the following are prescribed—
(a) dangerous goods of Class 1 within the meaning of the ADG Code or the Australian Explosives Code,
(b) goods too dangerous to be transported (within the meaning of the ADG Code or the Australian Explosives Code) that can produce an explosive or pyrotechnic effect,
(c) articles or substances that, when manufactured, mixed or assembled, can produce an explosive or pyrotechnic effect.
Other offences involving fireworks?
Negligently handle explosives causing danger, Section 8, Explosives Act 2003 (NSW).
Supply of Explosives to minors, Section 9, Explosives Act 2003 (NSW).
Carriage of explosives on public passenger vehicle, Clause 91, Explosives Regulation 2013 (NSW).
Failing to dispose of explosives safely, Clause 98, Explosives Regulation 2013 (NSW).
What do I do if I am charged with an Explosives Matter?
You should consult a criminal lawyer at Catron Simmons Lawyers in order to understand your position, prospects and give you the most appropriate advice and representation at court. Contact us today 0407 171 626.