The Explosives Regulations 2012 specifies, without limiting the discretion of the Secretary of the relevant department, the reasons for which the Secretary may refuse an application for a fireworks display permit.

The following reasons for a refusal of a fireworks display permit will remain the same; that is, the Secretary may refuse an application if they are not satisfied that:

  • the applicant is an adult (in the case of a natural person)
  • the applicant is a fit and proper person to hold a fireworks display
  • the nominated pyrotechnician has agreed to be so nominated (if applicable)
  • the proposed fireworks display can be safely organised or held
  • the proposed fireworks display is for an approved purpose
  • a person nominated as responsible adult or alternative responsible adult is capable of performing that role (if applicable)
  • a person nominated as responsible adult or alternative responsible adult has agreed to be so nominated (if applicable).

Under the new framework, the following reason to refuse an application will be added, such that an application may be refused if the Secretary is not satisfied that:

  • the person nominated as responsible adult or alternative responsible adult (if applicable) is a fit and proper person.

If an application is refused, the applicant will still be informed of the reasons for the refusal and their right to have the decision reviewed.