Shopgoods fireworks - Retail sale for Territory Day

This information bulletin outlines the basic requirements for those people considering selling shopgoods fireworks for the 1 July 2023 celebrations in the Northern Territory.

Legislation

All persons conducting a business or undertaking (PCBU) have a primary duty of care to ensure so far as is reasonably practicable, the health and safety of workers and others.

A retailer of shopgoods fireworks has additional duties under the Dangerous Goods Regulations.

Action needed prior to sale on Territory Day

• retailers are to ensure their storage premises comply with the legislation; a checklist is available to assist. The checklist is attached to the application form and outlines the requirements to be met as a condition of holding a licence to store, possess and sell shopgoods fireworks in the Northern Territory.
• complete a risk assessment if storing over 200kg of shopgoods fireworks; a template and Code of Practice for Managing Work Health and Safety Risks is available to assist retailers. The code provides practical guidance to conducting a risk assessment.
• complete and obtain a (retail) licence to possess, store and sell shopgoods fireworks application form. The application form, supporting documents, and scheduled fee (found on the application) should be lodged at a Territory Business Centre. Applications should be lodged not later than 16 June to allow sufficient time for processing and site inspections.
• no prior sales, whether by payment or by vouchers/coupons including on-line sales, are to take place.

Site Inspections

NT WorkSafe Inspectors conduct retail site inspections prior to Territory Day.

A licence may be issued by NT WorkSafe prior to an inspection based on the information provided on the application and the risk assessment.

Approved Periods

The following are the approved periods for Territory Day Celebrations:

• sell shopgoods fireworks between 9am to 9pm on Saturday 1 July 2023
• throw, ignite or explode shopgoods fireworks between 6pm to 11pm on Saturday 1 July 2023
• possession of shopgoods fireworks for consumers is between 9am Saturday 1 July to 12 noon Monday 3 July 2023.

The extended possession time is to allow retail outlets to return unsold stock to their wholesalers and allow the general public to hand in shopgoods fireworks to NT WorkSafe.

Location Requirements

Shopgoods fireworks must only be sold from premises that hold a current (retail) licence to store, possess and sell shopgoods fireworks.

Either the applicant (responsible person) or the co-responsible person needs to be at the premises for the entire sale period.

The point of sale must be from an established shop front that meets all the requirements of the legislation.

The following sites have been determined, through the risk assessment process, to be unsuitable for shopgoods fireworks retail outlets:

• temporary kiosks
• service stations
• verandas
• roadside stalls
• open areas in shopping centre’s
• a place licensed to consume alcohol on or away from the premises (if this applies to you, please contact NT WorkSafe prior to submitting an application)

This list is not exhaustive and a risk assessment must be undertaken by applicants for every proposed shopgoods fireworks retail outlet.

Responsibility

The person applying for the licence (the applicant) is also the responsible person and must ensure all conditions of the licence are complied with, even where the application is on behalf of a business.

Responsible person and co-responsible person:

• must be over the age of 18 years
• must be capable of acting without supervision
• must sign the application for licence (retail) to store, possess and sell shopgoods fireworks
  – Territory Day celebrations only
• must ensure that the requirements of the licence and legislation are adhered to during the sale period for shopgoods fireworks
• must instruct all employees/co-workers in the requirements of the legislation and the sale of shopgoods fireworks
• must make themselves available at a mutually agreeable time to undertake inspections
• either person must be at that the site on 1 July 2023
• can be listed for one site only
• ensure that staff handling and/or selling fireworks have attained the age of 16 years

Contact us

For further information please contact us on 1800 019 115, via email at ntworksafe@nt.gov.au or go to the NT WorkSafe website at www.worksafe.nt.gov.au