Explosives Act 1952 (Qld)

Queensland EXPLOSIVES ACT 1952 Reprinted as in force on 18 October 1994 (includes amendments up to Act No. 14 of 1994) Reprint No. 1 This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy

Information about this reprint This Act is reprinted as at 18 October 1994. The reprint— • shows the law as amended by all amendments that commenced on or before that day • incorporates all necessary consequential amendments, whether of punctuation, numbering or another kind. The reprint includes a reference to the law by which each amendment was made—see List of legislation and List of annotations in Endnotes. Minor editorial changes allowed under the provisions of the ReprintsAct1992 mentioned in the following list have also been made to— • update citations and references (Pt 4, Div 2) • update references (Pt 4, Div 3) • express gender specific provisions in a way consistent with current legislative drafting practice (s 24) • use gender neutral office names (s 25) • use different spelling consistent with current legislative drafting practice (s 26(2)) • use standard punctuation consistent with current legislative drafting practice (s 27) • use conjunctives and disjunctives consistent with current legislative drafting practice (s 28) • use expressions consistent with current legislative drafting practice (s 29) • relocate marginal or cite notes (s 34) • use aspects of format and printing style consistent with current legislative drafting practice (s 35) • omit provisions that are no longer required (ss 36, 37 and 39) • omit unnecessary referential words (s 41) • omit the enacting words (s 42A) • number and renumber certain provisions and references (s 43) • correct minor errors (s 44). Also see Endnotes for information about— • when provisions commenced • provisions that have not commenced and are not incorporated in the reprint • editorial changes made in the reprint, including— • Table of changed names and titles • Table of changed citations and remade laws • Table of obsolete and redundant provisions • Table of corrected minor errors • Table of renumbered provisions.

Queensland EXPLOSIVES ACT 1952 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 2 Commencement of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 3 Construction of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 5 Repeal of Explosives Act 1906 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 6 Saving of other Acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 6A Act binds Crown . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 6B Application of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 7 Exemptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 8 Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 PART 2—ADMINISTRATION 9 Administration of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 10 Appointment of officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 10A Certificate of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 10B Delegation by Minister and Chief Inspector . . . . . . . . . . . . . . . . . . . . . . . . . 12 11 Issue of licences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 12 Cancellation of licences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 12A Permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 13 Inspection of explosives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 14 Powers of inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 15 Further powers of the Minister and Chief Inspector etc. . . . . . . . . . . . . . . . . 20 15A Grievances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 16 Obstruction of inspectors etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 17 Classification of explosives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22

2 Explosives Act 1952 17A Prohibition or restriction on importation of explosives . . . . . . . . . . . . . . . . . 23 PART 3—IMPORTATION AND EXPORTATION 18 Explosives to be imported and exported under authority . . . . . . . . . . . . . . . 24 19 Notice of intention to import explosive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 20 Notice of arrival of imported explosive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 21 Packing of explosives upon importation or exportation . . . . . . . . . . . . . . . . 25 PART 4—MANUFACTURE 22 Explosive to be manufactured under licence . . . . . . . . . . . . . . . . . . . . . . . . . 25 PART 5—CARRIAGE 23 Carriage of explosives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 24 Carrier exempt when others at fault . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 25 Queensland Railways exempted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 PART 6—STORAGE 26 Where explosives may be kept . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 27 Precautions to be taken with respect to explosives for private use . . . . . . . 29 28 Government magazines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 29 Licensed magazines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 30 Cancellation of licence for factory or magazine . . . . . . . . . . . . . . . . . . . . . . 29 PART 7—SALE AND USE 31 Sale only by licensed dealer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 32 No hawking of explosives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 33 Sales to children . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 34 Seizure by police officer on unlawful sale . . . . . . . . . . . . . . . . . . . . . . . . . . 31 35 Use of explosives under conditions endangering life etc. prohibited . . . . . . 31 35A Explosives to be used by inspector or licensed person or permittee . . . . . . 31 PART 8—GENERAL 36 Penalty on and removal of trespassers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 37 Arrest without warrant of persons committing dangerous offences . . . . . . . 32 37A False information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 38 Penalties for offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 38A Employer’s responsibility for offence by employee . . . . . . . . . . . . . . . . . . . 34 39 Imprisonment for offence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35

3 Explosives Act 1952 40 Forfeiture . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 41 Disposal of forfeited explosives etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 42 Power of court to make order without application therefor . . . . . . . . . . . . . 36 43 Service of notices etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 44 Forgery of licence etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 45 Return of licences etc. suspended or revoked . . . . . . . . . . . . . . . . . . . . . . . . 38 45A Provision of information by Commissioner of the Police Service . . . . . . . . 39 46 Protection of Minister etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 46A Disclosure of information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 47 Proof of offence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 48 Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 49 Further powers with respect to orders in council and regulations . . . . . . . . 46 50 Orders in council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 ENDNOTES 1 Index to Endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . 48 3 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 4 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 5 Table of changed names and titles . . . . . . . . . . . . . . . . . . . . . . . . . . 53 6 Table of changed citations and remade laws . . . . . . . . . . . . . . . . . . 53 7 Table of obsolete and redundant provisions . . . . . . . . . . . . . . . . . . . 54 8 Table of corrected minor errors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 9 Table of renumbered provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 10 Transitional and savings provisions . . . . . . . . . . . . . . . . . . . . . . . . . . 58

s1 5 s3 Explosives Act 1952 EXPLOSIVES ACT 1952 [as amended by all amendments that commenced on or before 18 October 1994 2 ] An Act to consolidate and amend the law relating to the importation, exportation, manufacture, carriage, storage, sale, and use of explosives, and for other purposes incidental thereto PART 1—PRELIMINARY ˙ Short title 1. This Act may be cited as the Explosives Act 1952 3–10 . ˙ Commencement of Act 2. Except as herein otherwise provided, this Act shall come into operation on a day to be fixed by the Governor in Council by proclamation published in the Gazette. ˙ Construction of Act 3. This Act, including every proclamation, order in council, and regulation hereunder, shall be read and construed so as not to exceed the legislative power of the State to the intent that where any enactment hereof or provision of any such proclamation, order in council or regulation would but for this section have been construed as being in excess of that power it shall nevertheless be a valid enactment or provision to the extent to which it is not in excess of that power.

s6 6 s6 Explosives Act 1952 ˙ Repeal of Explosives Act 1906 5.(1) The Explosives Act 1906 (the “repealed Act” ) is hereby repealed. (2) However, but without limiting the operation of the Acts Shortening Acts — (a) unless otherwise expressly provided all regulations, notifications, registrations, permits, prohibitions, orders, licences, appointments, approvals, and other acts of authority made, granted, issued, given, or done under the repealed Act and in force at the coming into operation of this Act shall, subject as hereinafter provided, continue in force in terms thereof for the purposes of this Act until the same expire by effluxion of time or are repealed, amended, revoked, surrendered, suspended, withdrawn, or cancelled under this Act and shall be deemed to have been made, granted, issued, given, or done under the corresponding provisions of this Act; (b) however, every such regulation, notification, registration, permit, prohibition, order, licence, appointment, approval, or other act of authority shall be read and construed and continue in force as aforesaid subject to this Act; (c) all penalties and forfeitures imposed under the repealed Act and not recovered prior to the coming into operation of this Act may be enforced and applied as if this Act had not come into operation; (d) all actions and proceedings of whatever nature commenced or pending at the coming into operation of this Act under the repealed Act may be carried on and prosecuted as if this Act had not come into operation, and no such action or proceeding shall abate or be discontinued or prejudicially affected by anything in this Act contained; (e) every place, building, or hulk appointed under the repealed Act to be used as a public magazine for the keeping of explosives and remaining so appointed at the coming into operation of this Act shall, without further or other appointment, be deemed to be appointed under this Act a government magazine for the storage or keeping of explosives, and unless herein otherwise expressly provided, every officer who, at the coming into operation of this Act, is employed in any office relating to any such public

s 6A 7 s 6B Explosives Act 1952 magazine shall, subject to this Act and the authority under and in pursuance of which the officer is appointed, continue in that office with respect to that government magazine and be deemed to be appointed thereto under this Act without further or other appointment; (f) the Chief Inspector of Explosives and every other inspector of explosives appointed under the repealed Act and holding office at the coming into operation of this Act shall be deemed to be appointed under this Act, in the case of such Chief Inspector, the Chief Inspector of Explosives, and in the case of an inspector other than the Chief Inspector, an inspector of explosives, and, subject to this Act, shall continue to hold their respective offices in terms of their appointment without further or other appointment; (g) when in any other Act reference is made to the repealed Act, or to any provision thereof, it shall be taken, unless the context otherwise indicates or requires, that the reference is to this Act or, as the case requires, to the corresponding provision of this Act, and that reference shall be read and construed accordingly. ˙ Saving of other Acts 6.(1) Unless otherwise expressly provided the provisions of this Act shall be in addition to and not in substitution for or diminution of the provisions of— (i) the Criminal Code; or (ii) Marine Safety Act 1994 ; or (iii) the Health Act 1937 ; or (iv) any other prescribed Act; or of any regulation, local law, or rule thereunder. (2) Nothing in this Act shall prejudice or otherwise affect any local law not inconsistent with the provisions of this Act made by a local government under or pursuant to the provisions of the Local Government Act 1993 or the City of Brisbane Act 1924 . (3) Where any act or omission is an offence both under a provision of this Act and under a provision of any Act, regulation, rule, or local law in

s7 8 s8 Explosives Act 1952 this section before referred to, the offender may be prosecuted under either such provision but so that the offender shall not be twice punished for that offence. (4) Nothing in this Act shall prejudice or in any way interfere with the powers of inspection and the regulation of explosives in any mine within the meaning of the Mines Regulation Act 1964 or the Coal Mining Act 1925 . (5) The provisions of this Act apply in addition to the provisions of the Petroleum Act 1923 but, in a case of conflict between them, a provision of the Petroleum Act 1923 shall, to the extent of the inconsistency, prevail over a provision of this Act. ˙ Act binds Crown 6A. Except where otherwise expressly provided, this Act binds the Crown not only in right of Queensland but also, so far as the legislative power of the Parliament permits, the Crown in all its other capacities. ˙ Application of Act 6B. This Act does not apply in respect of explosives under the control of— (a) the armed forces of the Commonwealth; or (b) any body established by the Government of Australia or the Government of Queensland for the purpose of the production, testing, transport, storage or use of any explosive or weapon for the armed forces of the Commonwealth; or (c) any department of the government, body or instrumentality specified by order in council as being exempted from the application of this Act to the extent of the exemption specified in the order in council. ˙ Exemptions 7. The Governor in Council may from time to time by the regulations exempt from the operation of this Act, either wholly or to such extent as the Governor in Council thinks advisable, safety fuses, safety cartridges, and

s8 9 s8 Explosives Act 1952 any other explosive. ˙ Interpretation 8.(1) In this Act— “aircushion vehicle” means a vehicle which is designed to be supported when in motion wholly or partly by air expelled from the vehicle to form a cushion the boundaries of which include the ground, water or other surface beneath the vehicle. “Chief Inspector” means the Chief Inspector of Explosives appointed by or under this Act, and includes any person who is for the time being carrying out the duties of the office of Chief Inspector. “explosive” means any and every substance manufactured or used with a view to produce a practical effect by explosion or a pyrotechnic effect, and, without limiting the generality of the foregoing includes gunpowder, nitroglycerine, dynamite, guncotton, blasting powders, fulminate of mercury or of other metals, coloured fires, fog signals, fireworks, fuses, rockets, percussion caps, detonators, cartridges, ammunition of all descriptions, and every adaptation or preparation of an explosive as above defined, and also any substance declared to be an explosive under and for the purposes of this Act. “factory” means any area of land licensed under this Act for the manufacture of any explosive together with every mound, building, magazine or other structure or work whatsoever which is wholly or partly appurtenant to the area of land so licensed. “government magazine” means any government magazine for the storage or keeping of explosives so appointed by or under this Act. “inspector” means an inspector of explosives appointed by or under this Act, and includes the Chief Inspector. “licence” means a licence, including any renewal or transfer thereof granted under or continued in force by this Act and in force at any material time. “magazine” means any government magazine or any area of land, building or other structure, hulk, or repository or other receptacle licensed under this Act as a magazine for the storage or keeping of any explosive.

s 9 10 s 10 Explosives Act 1952 Where an area of land is a government magazine or a magazine licensed under this Act, every mound, building or other structure, or work whatsoever which is wholly or partly appurtenant to that area of land shall be deemed to be included in and to form part of that government magazine or licensed magazine, as the case may be. “manufacture” includes— (a) every step and process in the course of the production of an explosive; (b) the remaking or reconditioning of an explosive; (c) the alteration of the chemical or physical nature of an explosive; (d) the breaking up or sorting out of explosives. “package” means any canister, case, box, barrel, tin, or other receptacle whatsoever, including every means by which goods may be cased, covered, enclosed, contained, or packed. “permit” means a permit granted under this Act and in force at the material time. “place” includes any vessel, vehicle, factory, magazine, hulk, land, building or other structure, repository or other receptacle, and any premises whatsoever. “prepare for use” , when used with reference to any explosive, means preparing or attempting to prepare a charge of or charging or attempting to charge that explosive or dealing or attempting to deal by any means whatever with that explosive so that it may thereupon be fired or detonated or caused to be otherwise exploded. “sale” includes barter and exchange and supply, and also offering or attempting to sell, or receiving for sale, or exposing or having in possession for sale, or sending, forwarding or delivering for or on sale, or causing, or suffering, or permitting or allowing to be sold or offered or exposed for sale. “substance” , without limiting the generality of its meaning, includes any gas, liquid, gas mixture, liquid mixture and any solid in solution and in equilibrium with that solution. “vehicle” means any vehicle used for the carriage of passengers, or goods, or both passengers and goods on land, and any aeroplane, airship,

s 10A 11 Explosives Act 1952 s 10B glider, balloon, or other means used for the carriage of passengers, or goods, or both passengers and goods by air. “vessel” includes any ship, lighter, boat, and every other kind of vessel used in navigation whatever may be the means of its propulsion and any aircushion vehicle. Derivatives (2) Derivatives of any term to which a meaning is assigned by this section shall in this Act, unless the context otherwise indicates or requires, have a corresponding meaning. PART 2—ADMINISTRATION ˙ Administration of Act 9. This Act shall be administered by the Minister and, subject to the Minister, by the Chief Inspector of Explosives who shall make to the Minister an annual report upon the administration of this Act. ˙ Appointment of officers 10.(1) The Governor in Council shall from time to time appoint a Chief Inspector of Explosives and may from time to time appoint such inspectors of explosives and other officers as the Governor in Council deems necessary for the due and effectual administration of this Act. (2) The Chief Inspector of Explosives shall, by virtue of holding that office and without further or other appointment, be the officer in charge of government magazines. ˙ Certificate of appointment 10A.(1) An inspector shall be furnished with a certificate of the inspector’s appointment signed by the Minister and shall if required by a person apparently in charge of premises to which the inspector is seeking entry for the purposes of this Act, produce the certificate for inspection by

s 11 12 s 11 Explosives Act 1952 that person. (2) The certificate shall be prima facie evidence of the appointment to which it refers and to the identity of the person who produces it with the appointee named therein. ˙ Delegation by Minister and Chief Inspector 10B.(1) The Minister may, either generally or otherwise as provided by the instrument of delegation, by signed instrument, delegate to 1 or more than 1 person all or any of the Minister’s powers, functions, authorities and duties under this Act (other than powers, functions, authorities and duties under sections 11(3) and (3A), 15A(2) and 28 or to order an inquiry by a court of inquiry to be held in respect of any explosion or fire) as may be specified in the instrument (other than this power of delegation). (1A) The Chief Inspector may, either generally or otherwise as provided by the instrument of delegation, by signed instrument, delegate to 1 or more than 1 inspector or other person all or any of the Chief Inspector’s powers, functions, authorities and duties under this Act (other than section 15A(1)) as may be specified in the instrument (other than this power of delegation). (2) A delegation made pursuant to subsections (1) and (1A) may be to an individual named therein or to the holder of an office under the Crown in right of this State, specifying the office but without naming the holder in which case each successive holder of that office and each person who for the time being occupies or performs the duties of that office may exercise or, as the case may be, shall perform (for so long as he or she holds or occupies or performs the duties of that office) the delegated powers, authorities, functions and duties as are specified in the instrument. (3) A power, function, authority or duty the exercise of performance of which has been delegated under this section may, while the delegation remains unrevoked, be exercised or performed in accordance with the terms of the delegation by the delegate to whom the exercise or performance thereof has been delegated. (4) A delegation may be made subject to such conditions or such limitations as to the exercise or performance of any of the powers, functions, authorities or duties delegated or as to time, place or circumstances as may be specified in the instrument of delegation.

s 11 13 s 11 Explosives Act 1952 (5) Any act or thing done or suffered by a delegate while acting in the exercise of a delegation under this section has the same force and effect as if the act or thing done had been done or suffered by the Minister or, as the case may be, the Chief Inspector. (6) A delegation by the Minister is revocable by the Minister at the Minister’s will. (6A) A delegation by the Chief Inspector is revocable by the Chief Inspector at the Chief Inspector’s will. (7) A delegation under this section does not prevent the exercise or performance of a power, function, authority or duty by the Minister or, as the case may be, the Chief Inspector. (8) The Minister or, as the case may be, the Chief Inspector may make such and so many delegations under this section and to such number of delegates as the Minister or the Chief Inspector considers necessary or desirable. ˙ Issue of licences 11.(1) Subject to this Act, the Chief Inspector may grant, renew, and transfer licences of the different classes for any of the purposes of this Act. (1A) Every licence, renewal, or transfer of a licence granted under this Act shall be in or to the effect of the prescribed form. (1B) Each and every licence granted under this Act shall specify— (a) the name of the licence holder; and (b) the authority given to the licence holder by that licence or, where any place is licensed thereby for any of the purposes of this Act, a description of that place sufficient in the opinion of the Chief Inspector to identify it; and (c) all other prescribed particulars (if any); and shall be deemed to be granted subject to all the terms and conditions (if any) therein specified and to all other terms and conditions as may for the time being be prescribed for the class of licences to which that licence belongs. (2) Every application for a licence or any renewal or transfer thereof shall

s 12 14 s 12A Explosives Act 1952 be in or to the effect of the prescribed form, shall be signed by the applicant, shall be accompanied by the prescribed fee, and shall contain or be accompanied by such information and particulars as are prescribed. (3) Subject to subsection (3A) and section 15A, the Chief Inspector may grant or refuse to grant a licence or the renewal or transfer of a licence under or for any purpose of this Act. (3A) If directed by the Minister, the Chief Inspector shall grant or refuse to grant, renew or refuse to renew or transfer or refuse to transfer a licence as directed by the Minister. (3B) The Minister may act according as the Minister, in the Minister’s absolute discretion, thinks fit in giving a direction under subsection (3A) which direction shall be final and conclusive. (4) In granting any licence or a renewal or transfer thereof the Chief Inspector shall not be bound by the application but, subject to this Act, the Chief Inspector may— (a) grant the licence or renewal or transfer without terms and conditions; or (b) grant the licence or renewal or transfer subject to such terms and conditions as may be fixed by the Chief Inspector; (4A) However, a licence or a renewal or transfer thereof granted by direction of the Minister shall be so granted subject to such terms and conditions (if any) as the Minister specifies. (4B) In addition, where a licence is granted subject to terms and conditions every renewal or transfer thereof shall, unless the Minister or, subject to the Minister, the Chief Inspector directs otherwise, be deemed to be granted under and subject to those terms and conditions. (5) The holder of any licence under this Act shall not contravene or fail to comply with any term or condition subject to which that licence is granted. (6) It is a condition of any licence that the holder of that licence shall comply with all the requirements of this Act in respect of that licence. ˙ Cancellation of licences 12.(1) The Chief Inspector may and shall, if thereunto directed by the

s 13 15 s 14 Explosives Act 1952 Minister, cancel any licence— (a) if there has been a substantial change in circumstances since the grant of that licence; or (b) if the holder of that licence for the time being is convicted of an offence against this Act, or, with respect to the manufacture, carrying, storing, keeping, sale, or using of any explosives, any other Act (including any regulation or local law thereunder); or (c) if the holder of that licence for the time being fails to comply with the terms and conditions subject to which that licence is granted. (1A) However, the Chief Inspector may, and shall, if thereunto directed by the Minister, in lieu of cancelling a licence, suspend it. (1B) Such suspension shall whilst it is in force have the same effect as a cancellation of the licence and the Chief Inspector may, and shall if thereunto directed by the Minister, when suspending a licence fix the period of its suspension or the Chief Inspector may, and shall if thereunto directed by the Minister, suspend it without fixing the period of its suspension. (1C) Suspension under this Act of any licence shall not extend, upon the termination of that suspension, any period during which that licence would ordinarily have remained in force if it had not been so suspended. (2) Where the Chief Inspector has upon any date suspended a licence without fixing the period of its suspension, the onus of proof that such licence is in force at any later date shall be on the defendant, but without prejudice to the right of the prosecutor to adduce evidence proving or tending to prove that such licence is not in force at that later date. (3) The Minister may act according as the Minister, in the Minister’s absolute discretion, thinks fit in giving a direction under this subsection which direction shall be final and conclusive. ˙ Permits 12A.(1) The Chief Inspector or a police officer authorised by the Chief Inspector may, upon application duly made, grant to prescribed persons permits of prescribed classes. (2) An application for a permit under this section—

s 14 16 s 14 Explosives Act 1952 (a) shall be in the prescribed form; (b) shall contain the prescribed particulars; (c) shall be accompanied by the prescribed fee. (3) A permit under this section— (a) shall be in the prescribed form; (b) shall contain the prescribed particulars; (c) shall authorise the holder thereof to do such acts and things as are prescribed with respect thereto; (d) shall be in force for the prescribed period; (e) shall be subject to such terms, conditions or restrictions as are prescribed or so far as not prescribed as the Minister in a particular case determines; (f) may be renewed; (g) may be revoked at any time. (4) It is a condition of a permit granted under this section that the holder of that permit shall comply with all the requirements of this Act in respect of that permit. (5) Where a permit granted under this section is revoked, it shall thereupon cease to be of any force or effect and shall be treated as if the period for which it was granted had expired. ˙ Inspection of explosives 13. Explosives imported, brought or sent into or manufactured in Queensland shall be subject to inspection and examination by an inspector from time to time as considered appropriate by the Chief Inspector. ˙ Powers of inspectors 14.(1) Any inspector may at any time during any day or night— (a) enter and inspect any place where or in which the inspector has reasonable grounds for believing any explosive or any ingredient used or capable of being used in the manufacture of any explosive

s 14 17 s 14 Explosives Act 1952 is situated, and inspect and examine any explosive or ingredient as aforesaid found thereon or therein; (b) make any general or particular inquiries as to the observance of, or which are necessary for the purposes of, this Act; (c) inspect and examine any explosive or any ingredient used or capable of being used in the manufacture of any explosive which is being carried or which is at any place in the course of or for the purpose of being carried from one place to another; (d) remove for examination, including the testing thereof, any explosive or ingredient hereinbefore in this section mentioned or portions or samples of any explosive or ingredient as aforesaid, found; (e) seize, remove, and detain any explosive or ingredient as aforesaid found which is or which in the inspector’s opinion is an unauthorised explosive within the meaning of that term in section 17(2) or in relation to which it appears to the inspector that this Act is being or has been otherwise howsoever contravened or not complied with and any package, vehicle, hulk, or vessel in which such explosive or ingredient is found, and for the purposes of this paragraph may, instead of removing such explosive or ingredient from the place where it has been seized, direct the occupier of such place to detain the same in that place, or in such other place under the control of the occupier, and in accordance with any other direction, as will, in the inspector’s opinion, least endanger the public safety; (f) require any person found in possession of any explosive or any ingredient used or capable of being used in the manufacture of any explosive to supply the person’s name and address, and if such explosive or ingredient was obtained by the person from any other person, the name and address of the supplier from whom the person obtained such explosive or ingredient and also to produce any invoice or other document given to the person by the supplier concerning such explosive or ingredient and inspect and take copies of or extracts from any entries found therein; (g) where the inspector believes it necessary in the public interest, with the consent of the Minister, destroy or otherwise render

s 14 18 s 14 Explosives Act 1952 harmless and dispose of any explosive or any ingredient used or capable of being used in the manufacture of any explosive; (h) however, in cases of imminent danger to life or property or where in the inspector’s opinion there is such imminent danger the inspector may so act without such consent in which event, if the inspector is not the Chief Inspector, the inspector shall immediately report his or her action to the Chief Inspector; (i) the expense of destruction or disposal of any explosive or ingredient under paragraph (g) shall be borne by the owner thereof; (j) where the inspector considers that any act or practice on the part of any person concerned in manufacturing, carrying, storing, keeping, or using any explosive or any ingredient used or capable of being used in the manufacture of any explosive or of any person in the immediate vicinity of the place where any explosive or any ingredient used or capable of being used in the manufacture of any explosive is being manufactured, carried, stored, kept, or used, is unnecessarily dangerous to the public safety or the safety of any person—direct such person to cease such act or practice or to do or omit to do anything in relation thereto as will in the inspector’s opinion remedy the same and such inspector, if the inspector is not the Chief Inspector, shall immediately report the act or practice and the inspector’s direction to the Chief Inspector; (k) upon the seizure under this Act of any explosive or ingredient as aforementioned found in any vehicle, hulk, or vessel, use (without seizing) for the purposes of the removal and detention of that explosive or ingredient such vehicle, hulk, or vessel and any tug, tender, engine, tackle, beasts, accoutrements, or other thing belonging to or drawing or provided for drawing such vehicle, hulk, or vessel; (l) require the production of any licence and of any book, record, or writing which by this Act is required to be held or kept, and inspect, examine, and take copies of or extracts from the same; (m) supervise and control the discharge from, or loading into, any ship of explosives that have been, or are to be, transported by sea

s 15 19 s 15 Explosives Act 1952 unless the discharge or loading is supervised and controlled under the Marine Safety Act 1994 ; (n) call to his or her aid— (i) any police officer where the inspector has reasonable cause to apprehend any obstruction in the exercise of the inspector’s powers or in the execution of the inspector’s duties; (ii) any person the inspector may think competent to assist the inspector in any inspection or examination under this Act. (2) Whenever it appears to an inspector that this Act is being contravened or not complied with in relation to any explosive or any ingredient used or capable of or intended for use in the manufacture of any explosive, such inspector may, whether or not proceedings are taken against any person for committing an offence against this Act, direct the person then apparently having the possession or control of such explosive or ingredient to do forthwith or within such time as such inspector specifies all such acts and things as, in the opinion of such inspector, are necessary in order to ensure compliance with this Act. (2A) The giving of such a direction shall not affect any proceeding or any action authorised by this Act which has been or may be taken for the non-compliance which resulted in the direction, but the person to whom the direction is given shall not be liable under this Act in respect of any continuation of that non-compliance during the time (if any) allowed by the direction. (2B) If the inspector is of opinion that such direction is not being, or has not been, or is not likely to be, complied with the inspector may seize the explosive or ingredient concerned, and may take further action under this Act. (3) A person shall not be precluded by any contract from complying with a direction under this section and a person shall not be liable under any contract to a penalty or forfeiture for complying with such a direction if the person gave notice of such contract to the inspector at or before the time at which the inspector gave the direction. (4) Any direction given under this section by an inspector who is not the Chief Inspector shall be immediately reported by the inspector to the Chief

s 15A 20 Explosives Act 1952 s 16 Inspector. Matters may be completed by different inspectors (5) Notwithstanding anything to the contrary in this Act, if an inspector has issued any order or given any direction or notice or made any request under this Act, the inspector or any other inspector who is empowered by this Act to issue, give, or make a like order, direction, notice, or as the case may be, request, at any time may (and if so directed by the Chief Inspector shall) withdraw or revoke or from time to time may (and if so directed by the Chief Inspector shall) vary the order, direction, notice, or request, or take further steps thereon. ˙ Further powers of the Minister and Chief Inspector etc. 15.(1) Any explosive or ingredient or package, vehicle, hulk, or vessel seized under this Act may be removed and detained and shall be dealt with as the Minister or, subject to the Minister, the Chief Inspector may direct, and any such explosive or ingredient and any package in which such explosive or ingredient is contained may be forfeited by direction of the Minister notwithstanding that no person has been convicted of or prosecuted for any offence in relation thereto. (2) The Minister or, subject to the Minister, the Chief Inspector may authorise the reconditioning, or destruction or other disposal of any explosive or any ingredient used or capable of being used in the manufacture of any explosive which is considered by the person giving the authority dangerous to the public safety. (2A) The person authorised under subsection (2) shall carry out the purpose authorised and may give all such directions as will, in the person’s opinion, carry out that purpose and may seize such explosive, if the person considers such seizure necessary, to effect that purpose. (2B) Any explosive or ingredient the subject of an authority under subsection (2) shall be dealt with by or at the expense of the owner thereof. (3) All costs, charges, and expenses incurred in handling, storing, reconditioning, destroying or otherwise disposing of, and otherwise dealing with (or incurred in doing any of these things) any explosive or ingredient which is an authorised explosive within the meaning of section 17(2), or in relation to which this Act has been otherwise contravened or not complied

s 17 21 s 17 Explosives Act 1952 with, consequent upon the seizure and detention thereof under this Act, and all costs, charges, and expenses incurred in handling and otherwise dealing with any package, vehicle, hulk, or vessel in which such explosive or ingredient was found and which was seized under this Act, shall be payable by the owner thereof. (4) Where by or under this Act the amount of any costs, charges, or expenses incurred by an inspector in handling, storing, reconditioning, destroying or otherwise disposing of, or otherwise dealing with any explosive or ingredient used or capable of being used in the manufacture of any explosive is recoverable from any person, such amount may be recovered from that person in a summary way under the Justices Act 1886 , or by action as for a debt in any court of competent jurisdiction. ˙ Grievances 15A.(1) A person who is aggrieved by a decision of a person acting with authority under this Act (other than the Minister or the Chief Inspector) may refer the matter to the Chief Inspector whose decision therein shall be carried into effect. (2) A person who is aggrieved by a decision of the Chief Inspector made under this Act may refer the matter to the Minister whose decision thereon shall be— (a) final and binding on the person who is aggrieved and the Chief Inspector; and (b) carried into effect. ˙ Obstruction of inspectors etc. 16. A person shall not— (a) assault, obstruct, threaten, or intimidate any inspector in the exercise of the inspector’s powers or in the discharge of the inspector’s duties under this Act, or attempt so to do; or (b) refuse to allow to be inspected, examined, removed, or seized, or attempt to prevent the inspection, examination, removal, or seizure of any explosive or ingredient or any package, vehicle, hulk, or vessel or prevent or attempt to prevent the use of any

s 17A 22 Explosives Act 1952 s 17A vehicle, hulk, vessel, beast, or other thing in pursuance of this Act; or (c) retake or attempt to retake any explosive or ingredient or package, vehicle, hulk, or vessel removed or seized or any vehicle, hulk, vessel, beast, or other thing used under this Act; or (d) fail to state his or her name and address or the name and address of any other person or to produce any invoice, licence, book, record, writing, or other document, or to allow, upon production, such invoice, licence, book, record, writing, or other document to be inspected or examined or copies of or extracts from the same or any entries found therein to be taken, when so lawfully required by an inspector, or state in answer to such a requirement for a name and address a false name and address, or name, or address; or (e) fail to comply in every respect with any lawful request, direction, order, or requirement of an inspector; or (f) wilfully give false or misleading information in purported compliance with a lawful requirement of an inspector under this Act. ˙ Classification of explosives 17.(1) The Chief Inspector may define the composition, quality and character of an explosive and thereafter may— (a) classify that explosive by reference to the prescribed classification system; (b) declare the classified explosive to be an authorised explosive. (2) The Chief Inspector shall continue to maintain the Register of Explosives maintained under section 17(3) of the ExplosivesAct1952–1981 and shall record therein every authorised explosive specifying the defined composition, quality and character of that explosive and its classification. (3) The Chief Inspector may from time to time publish a list of authorised explosives but shall not include in the list the defined composition, quality or character of those explosives.

s 18 23 s 20 Explosives Act 1952 (4) For the purposes of this Act an explosive is an authorised explosive if and for so long as— (a) it is listed, or the Chief Inspector has determined that it be listed, as an authorised explosive in the Register of Explosives; and (b) it has in every respect the composition, quality and character defined in respect of that authorised explosive in that register. (5) In any proceedings under or for the purposes of this Act a certificate purporting to be under the hand of the Chief Inspector certifying that the composition, quality and character of an explosive as defined by the Chief Inspector is as specified in that certificate shall be received in evidence and shall be evidence of the matters therein contained and, in the absence of evidence to the contrary, shall be conclusive evidence thereof. (6) An explosive that has been classified by the Governor in Council and is, together with the composition, quality and character thereof, the subject of a recording in the Register of Explosives immediately prior to the commencement of the Explosives Act Amendment Act 1990 is an authorised explosive for the purposes of this section for so long as it remains listed in the register. ˙ Prohibition or restriction on importation of explosives 17A.(1) Upon the recommendation of the Minister who considers it expedient for the public safety, the Governor in Council may from time to time by order in council prohibit absolutely or except in accordance with any conditions and any restrictions specified in the order in council, the importation, the bringing or sending into, the exportation from, or the manufacture, storing, keeping, carriage, sale or use in Queensland of any explosive or the doing of all or any of those things. (2) A person shall not import, bring or send into, or export from or manufacture, store, keep, carry, sell or use in Queensland an explosive contrary to a provision of an order in council made under subsection (1). (3) For the purposes of trial, experimentation or examination of an unauthorised explosive the Chief Inspector may approve, upon such terms and conditions as the Chief Inspector determines, the importation, the bringing or sending into or the manufacture, storing, keeping, carriage, sale or use in Queensland of an explosive that is not an authorised explosive as

s 18 24 s 20 Explosives Act 1952 defined in section 17(4) or the doing of all or any of those things. (3A) A person shall not import, bring or send into, export from, manufacture, store, keep, carry, sell or use in Queensland an explosive that is not an authorised explosive as defined in section 17(4) except under and in accordance with the approval in writing granted by the Chief Inspector pursuant to subsection (3). (3B) A person shall not be liable to be punished under any other provision of this Act for or in relation to an act or omission authorised by an approval granted under subsection (3). (4) Every other provision of this Act shall be read so as not to limit the application of any provision of this section. PART 3—IMPORTATION AND EXPORTATION ˙ Explosives to be imported and exported under authority 18. A person shall not import, bring or send into or export from Queensland any explosive except under and in accordance with the authority of a licence or permit under this Act. ˙ Notice of intention to import explosive 19. A person shall before importing, bringing or sending into Queensland any explosive give to the Chief Inspector of Explosives notice as prescribed of the person’s intention to import, bring or send into Queensland that explosive. ˙ Notice of arrival of imported explosive 20. A person importing, bringing into or sending into Queensland any explosive shall give to the Chief Inspector notice as prescribed of the arrival of that explosive in Queensland.

s 21 25 s 22 Explosives Act 1952 ˙ Packing of explosives upon importation or exportation 21. A person shall not import, bring or send into or export from Queensland any explosive unless that explosive is contained in a package which is constructed, packed, and labelled as prescribed. PART 4—MANUFACTURE ˙ Explosive to be manufactured under licence 22.(1) Subject to subsection (2), a person shall not manufacture or permit or allow to be manufactured any explosive except under and in accordance with the authority of a licence under this Act. (1A) Subsection (1) does not apply to— (a) the manufacture under the direct supervision of a competent person not under the age of 18 years of a quantity of any explosive not exceeding 500 g in total weight (or in the case of any prescribed explosive, such lesser quantity as may be prescribed) where the manufacture is for the purposes of chemical experiment only and the explosive is not intended for practical use or sale; (b) the reconditioning of any explosive at a government magazine or under the supervision of an inspector; (c) the filling of cartridges for small arms where those cartridges are not for sale and are intended solely for the personal use of the person filling such cartridges and not for use by any other person; (d) the manufacture by a manual operation carried out in accordance with prescribed conditions of a prescribed explosive by— (i) an inspector; or (ii) the holder of a shotfirer’s licence under this Act; or (iii) the holder of an appropriate permit to use that explosive for the holder’s own immediate use. (1B) For the purposes of this section— “competent person” means a person for the time being prescribed (and, in

s 22 26 s 22 Explosives Act 1952 so far as a person is not prescribed, a person who for the time being is determined by the Chief Inspector) to be competent for the purposes of this section; “explosive” , in addition to any explosive as defined in section 8, includes those ingredients of explosives consisting of mixtures of ammonium nitrate, or other oxidising agents, with any carbonaceous, organic, metallic or other fuelling substance with or without water or other ingredients which otherwise may be considered non-explosive. (2) A person holding a licence under this Act for a factory for the manufacture of any explosive shall not establish, or permit or allow to be established, or at any time maintain or carry on, or permit or allow to be maintained or carried on, that factory elsewhere than at the site or otherwise than in the manner and under and subject to the terms and conditions specified in that licence. (3) The occupier of any place or of any part of any place shall not permit or allow any explosive to be unlawfully manufactured thereat. (4) The Chief Inspector may, orally or in writing, require a person holding a licence under this Act to furnish to the Chief Inspector within a time specified by the Chief Inspector in the requisition such particulars concerning the manufacture, sale or disposal of explosives by or on behalf of such person as the Chief Inspector specifies in the requisition. (5) A person to whom a requisition is duly directed under subsection (4) shall comply with the requisition save where the person’s failure so to do is justified as prescribed. (6) A failure by any person to whom a requisition is directed under subsection (4) to comply with that requisition shall be taken to be justified if— (a) the particulars sought by the Chief Inspector are not available to such person; and (b) the person is not under a duty to keep such particulars.

s 23 27 s 24 Explosives Act 1952 PART 5—CARRIAGE ˙ Carriage of explosives 23.(1) A person shall not carry or permit or allow to be carried on, in, or by means of any vehicle, or vessel, any explosive— (a) except under and in accordance with the authority of a licence under this Act to carry that explosive on, in or by means of that vehicle or vessel; and (b) unless that explosive is carried in such manner and under such conditions as are prescribed. (2) However, where— (a) any explosive not exceeding the maximum weight prescribed for that explosive for the purposes of this paragraph is conveyed by the holder of a licence for a magazine for the storage or keeping of that explosive; or (b) any explosive not exceeding the maximum weight prescribed for that explosive for the purposes of this paragraph intended exclusively for the use of a person for a prescribed purpose is conveyed by that person; and in either such case the explosive in question is carried in such manner and under such conditions as are prescribed, then the carriage of that explosive by that person shall not be an offence against this section. ˙ Carrier exempt when others at fault 24.(1) Where a carrier is prevented from complying in any respect with section 23 by the wilful act, neglect, or default of the consignor or consignee of the explosive or other person (not being an agent or employee of the carrier), or by the improper refusal of the consignee or other person to accept delivery of the explosive, then such consignor, consignee, or other person shall be guilty of the offence in question against that section and shall be liable accordingly. (2) The conviction for such offence of such consignor, consignee, or other person shall exempt the carrier from liability therefor.

s 25 28 s 26 Explosives Act 1952 ˙ Queensland Railways exempted 25. This Part of this Act shall not apply to or with respect to the carriage of explosives by rail by Queensland Railways. PART 6—STORAGE ˙ Where explosives may be kept 26.(1) A person, whether on his or her own account or on account of any other person, shall not store or keep or permit or allow to be stored or kept any explosive at any place unless that place then is— (a) a factory licensed under this Act for the manufacture of that explosive; or (b) a government magazine or a magazine licensed under this Act for the storage or keeping of that explosive; or (c) a place duly approved by the Chief Inspector and specified in a signed instrument, as being suitable for the temporary storage of any explosive or of a specified class of explosives and the explosive is stored or kept in accordance with any conditions the Chief Inspector may prescribe. (2) Without limiting or otherwise affecting the provisions of subsection (1), the occupier of any place or of any part of any place shall not permit or allow any explosive to be unlawfully stored or kept thereat. (3) Subject to subsection (4), the provisions of this section shall apply with respect to the storing or keeping for any period of time whatsoever of any explosive. (4) The provisions of this section shall not apply to the storage or keeping of any explosive— (a) by a person for use for a prescribed purpose, where that person is authorised under this Act to use the explosive for that purpose, that explosive is not for sale, and is kept or stored as prescribed, and the quantity thereof kept or stored does not exceed the prescribed maximum; or

s 27 29 s 30 Explosives Act 1952 (b) by an inspector at any place for testing purposes; or (c) which is exempted by this Act from this Part. ˙ Precautions to be taken with respect to explosives for private use 27. Every person storing or keeping any explosive for lawful private use and not for sale shall take all due precautions in the storage or keeping of that explosive for the prevention of theft or of accident by fire, explosion, or otherwise howsoever. ˙ Government magazines 28. The Minister may from time to time by notification published in the Gazette appoint any area of land, building or other structure, hulk, or repository or other receptacle, or other place to be a government magazine for the storage or keeping of explosives and may from time to time by a notification published in like manner cancel any appointment of a government magazine made by or under this Act. ˙ Licensed magazines 29.(1) A person shall not establish or maintain, or permit or allow to be established or maintained, a place as a magazine for the storage or keeping of any explosive unless that place is licensed under this Act as a magazine for the storage or keeping of that explosive. (2) A person holding a licence under this Act for a magazine shall not establish, or permit or allow to be established, or at any time maintain, or permit or allow to be maintained, that magazine elsewhere than at the site or otherwise than in the manner and under and subject to the terms and conditions specified in that licence. ˙ Cancellation of licence for factory or magazine 30.(1) If the Chief Inspector at any time cancels or suspends a licence for a factory or for a magazine the person whose licence is so cancelled or suspended shall, within 3 days (or such longer period as may be allowed by the Chief Inspector) of the time of receiving notice of such cancellation or

s 34 30 s 35A Explosives Act 1952 suspension, transfer any and every explosive, and any and every ingredient used or capable of being used in the manufacture of any explosive, in that factory or magazine to some place authorised under this Act for the storage or keeping of that explosive, and shall immediately notify in writing the Chief Inspector of the name and address of the owner of such place and of the nature and amount of the explosives so transferred. (2) Where the licence for a factory or magazine is cancelled or suspended, any inspector or police officer may, with such assistants as the inspector or police officer deems necessary, enter and search the premises thereof or in or upon which the same is situated, and may seize, remove, and detain any and every explosive found therein or thereon. PART 7—SALE AND USE ˙ Sale only by licensed dealer 31.(1) A person shall not sell any explosive except under and in accordance with the authority of a licence under this Act to sell that explosive. (2) It shall be a condition subject to which every licence to sell any explosive is granted that the holder thereof shall at all times store and keep that explosive under and in accordance with the requirements of this Act. (3) However, the provisions of Part 6 shall not be prejudiced or otherwise affected by anything in this Part contained and shall apply with respect to any explosive authorised to be sold by a licence to sell. ˙ No hawking of explosives 32. A person shall not sell any explosive in any public thoroughfare or public place. ˙ Sales to children 33. A person shall not sell any explosive except an explosive which is classified or defined by the Governor in Council by order in council or the

s 34 31 s 35A Explosives Act 1952 regulations as “manufactured fireworks (shop goods)” to a person under the age of 18 years. ˙ Seizure by police officer on unlawful sale 34. Every police officer, where it appears to the police officer that this Act is being or has been contravened or not complied with in relation to the sale of any explosive, shall have and may exercise all or any of the powers under this Act of an inspector. ˙ Use of explosives under conditions endangering life etc. prohibited 35. A person shall not prepare for use, or fire or detonate or cause to be otherwise exploded any explosive under conditions whereby life or property is endangered. ˙ Explosives to be used by inspector or licensed person or permittee 35A.(1) A person shall not prepare for use or fire, detonate or cause to be otherwise exploded— (a) a prescribed explosive; or (b) an explosive for the purpose of blasting or producing a similar effect, unless the person is an inspector or the holder of a shotfirer’s licence or a shotfirer’s (restricted) licence or an appropriate permit, in each case in force at the material time. (2) Subsection (1) does not apply to the preparation for use or the use of an explosive by a person to whom the provisions of the Mines RegulationAct 1964 or the Coal Mining Act 1925 or the Petroleum Act 1923 , apply. (3) A person shall not prepare for use or use an explosive for the purpose of blasting or producing a similar effect save as prescribed by the regulations.

s 37A 32 Explosives Act 1952 s 38 PART 8—GENERAL ˙ Penalty on and removal of trespassers 36.(1) Every person who enters without permission or otherwise trespasses upon any government magazine, or upon any magazine or factory licensed under this Act, or who, without permission, interferes with any magazine licensed under this Act, shall be guilty of an offence, and may be forthwith removed from such magazine or factory or place where such magazine is situated, by an inspector, or by any police officer, or by the occupier of such magazine or factory, or by any agent or servant of or other person authorised by such occupier. (2) The occupier of every magazine or factory licensed under this Act and every person employed in or about the same shall take all due precaution for the prevention of accident by fire or explosion in the same and shall abstain from any act whatever which tends to cause fire or explosion and is not reasonably necessary for the purpose of such magazine or factory. (3) Every person other than the occupier of or a person employed in or about any government magazine or magazine or factory licensed under this Act, who is found committing any act which tends to cause explosion or fire in or about such magazine or factory shall be guilty of an offence. (4) The occupier of any government magazine or magazine or factory licensed under this Act shall post up in some conspicuous place or places a notice or notices warning all persons of their liability to penalties for offences under this section, but the absence of any such notice or notices shall not exempt a person from liability to a penalty for an offence under this section. ˙ Arrest without warrant of persons committing dangerous offences 37.(1) Every person who is found committing any offence against section 36(1) or committing any act (being an offence against this Act or any other Act (including any regulation or local law under any other Act)) which tends to cause explosion or fire in or about any government magazine or any magazine or factory licensed under this Act or any railway, harbour, wharf, vehicle, hulk, or vessel, or other place in, upon, or about which there is any explosive may be arrested without warrant by an inspector, or any

s 38A 33 Explosives Act 1952 s 38A police officer, or by the occupier of that magazine or factory, or by the agent or servant of or other person authorised by such occupier, or by the occupier of such wharf or hulk, or other place, or by any agent or servant of or other person authorised by that railway authority or harbour authority or the occupier of such wharf or hulk, or other place, or by the person for the time being in charge of such vehicle or vessel, or by any other person authorised by the person so in charge, and be removed from the place at which the person is arrested and conveyed as soon as conveniently may be before a Magistrates Court to be dealt with for that offence according to law. (2) Any person who is found with a firearm in his or her possession trespassing on any government magazine, or any magazine or factory licensed under this Act shall, in addition to any other penalty which may be imposed, forfeit such firearm to Her Majesty. ˙ False information 37A. A person shall not make a statement that is false or misleading in a material matter in or in respect of an application made by the person under or for the purposes of this Act. ˙ Penalties for offences 38.(1) Any person who contravenes or fails to comply with any provision of this Act shall be guilty of an offence against this Act. (2) Subject to section 39, any person guilty of an offence against this Act shall, if no specific penalty is provided for that offence, be liable to a penalty— (a) in the case of a natural person—84 penalty units; (b) in any other case—840 penalty units. (2A) Any penalty or punishment to which the person convicted may be liable under this Act upon conviction shall be in addition to any forfeiture under this Act. (3) All offences against this Act may be prosecuted in a summary way under the Justices Act 1886 , upon the complaint of an inspector or of any other person authorised by the Chief Inspector. (3A) However, if the regulations specify offences against this Act which

s 39 34 s 40 Explosives Act 1952 may also be so prosecuted by any police officer then any offence so specified may also be so prosecuted upon the complaint of any such officer. (4) A prosecution for any offence against this Act may be instituted at any time within 12 months after the offence was committed or within 4 months after the discovery of the offence, whichever is the later period. (5) Where a corporation commits an offence against this Act— (a) the chairperson of directors, managing director or other governing officer, by whatever name called, and every member of the governing body, by whatever name called; and (b) every person who in Queensland manages or acts or takes part in the management or administration of the business of that corporation in Queensland; shall be deemed to have committed an offence against this Act and shall be liable to be proceeded against and punished accordingly. (6) It is a defence to a charge of an offence against this Act brought against a person specified in subsection (5) to prove that— (a) the offence committed by the corporation was committed without the person’s knowledge; or (b) the person was not in a position to influence the conduct of the corporation in relation to the commission of the offence by it; or (c) the person, being in a position to influence the conduct of the corporation in relation to the commission of the offence by it, used all diligence to prevent the commission of the offence by the corporation. (7) Subsection (5) applies so as not to limit or affect in any way the liability of a corporation to be proceeded against and punished for an offence against this Act. ˙ Employer’s responsibility for offence by employee 38A.(1) Where a person, as the employee of another person (the “employer” ) contravenes this Act, the employer is guilty of an offence against this Act unless the employer satisfies the court that— (a) he or she did not authorise or permit the contravention by the

s 41 35 s 42 Explosives Act 1952 employee; and (b) he or she used all due diligence to prevent such a contravention. (2) The employer may be proceeded against and convicted pursuant to subsection (1) whether or not the employee has been proceeded against or been convicted under this Act. (3) Nothing is subsection (1) prejudices or affects any liability imposed by or under this Act on any person by whom an offence against this Act is actually committed. (4) Prior to employing any person in activities, duties or functions allowing access to explosives, an employer shall take all reasonable steps to determine that the person is a fit and proper person. ˙ Imprisonment for offence 39. If upon convicting any person of an offence under this Act the adjudicating court finds— (a) that the offence was reasonably calculated to cause a dangerous accident or to endanger the safety of or to cause serious personal injury to any person (whether or not employed in or about any magazine, factory, harbour, wharf, railway, vehicle, hulk, or vessel, or other place where the offence was committed) or to cause damage to any property; and (b) that the offence was committed wilfully by the personal act, personal neglect, or personal default of the offender; and (c) that the offence can not be adequately punished by a pecuniary penalty under this Act; the court may, in lieu of imposing a pecuniary penalty, sentence the offender to imprisonment for a term not exceeding 6 months. ˙ Forfeiture 40.(1) Upon a conviction for any offence against this Act— (a) any explosives (including ingredients used or capable of being used in the manufacture of explosives) to which such offence relates; or

s 43 36 s 43 Explosives Act 1952 (b) if such offence relates to a place whereon or wherein explosives are manufactured, stored, kept, carried, sold or used—all or any part of the explosives (including ingredients used or capable of being used in the manufacture of explosives) found therein or thereon at the time of the commission of the offence; (whether such explosives have been seized and are detained under this Act or have not been seized or are not being detained hereunder) together with all packages in which such explosives or ingredients are contained may, by order of the court which hears and determines the complaint or charge upon which such conviction was adjudged, be forfeited to Her Majesty. (2) If the conviction relates to any portion or sample of any explosives or ingredients as aforesaid, such forfeiture may extend to the whole of the explosives or ingredients from which such portion or sample was taken and to the packages in which such explosives or ingredients are contained, and may extend further to the whole of any similar explosives or ingredients belonging to the defendant or found on the defendant’s premises or in the defendant’s possession at the time of the commission of the offence and to the packages in which those explosives or ingredients are contained. ˙ Disposal of forfeited explosives etc. 41.(1) All explosives, ingredients, packages, and other things forfeited to Her Majesty under this Act shall be dealt with or disposed of as the Minister may direct. (2) Any forfeiture, dealing with, or disposal pursuant to this Act shall not confer upon any person any right to compensation. ˙ Power of court to make order without application therefor 42.(1) In any proceedings under this Act on a complaint any order which the court is empowered to make may be made without an application or complaint being made in respect thereof, notwithstanding anything to the contrary in this or any other Act. Compensation on conviction (2) On any conviction under this Act the court may order such payment as it thinks fit as compensation for loss of time or expense incurred in

s 43 37 s 43 Explosives Act 1952 consequence of the offence of which the defendant was committed or in connection with the proceedings to secure such conviction. ˙ Service of notices etc. 43.(1) Any order, direction, notice, or request in writing or any other document empowered, authorised or required by a provision of this Act to be served upon, or given or delivered to, any person by the Chief Inspector or any other inspector may be so given, delivered or served— (a) by delivering the same to that person (or the person’s manager, supervisor, or agent) personally; or (b) by prepaid post letter containing that order, direction, notice, request or other document and addressed to that person at the person’s business or residential address, in which case it shall be deemed to be so served, given or delivered upon the receipt by that person of that letter; or (c) by prepaid registered letter containing that order, direction, notice, request or other document and addressed as aforesaid, in which case the production in evidence of the proper receipt from a post office for that letter shall, until the contrary is proved, be sufficient proof that it was so served, given or delivered upon the date when that letter would have been received by the person concerned in the ordinary course of post; or (d) by affixing that order, direction, notice, request or other document to the door or some other conspicuous part of the place to which it relates or where any explosive or ingredient to which it relates is situated, or is stored or kept. (2) A person or the person’s manager, supervisor, or agent shall, if thereunto required by an inspector, acknowledge, by signing a duplicate copy thereof, an order, or a direction, notice, request, or other document under this Act requiring that owner to do or to refrain from doing any act or thing relating to any explosive or ingredient and served upon, or given or delivered to that person by that inspector.

s 44 38 s 45 Explosives Act 1952 ˙ Forgery of licence etc. 44.(1) A person shall not— (a) forge or counterfeit any licence, permit, certificate, or other authority granted under and for the purposes of this Act; or (b) utter, or make use of any such licence, permit, certificate, or other authority so forged or counterfeited; or (c) personate any person named in any licence, permit, certificate, or other authority granted under and for the purposes of this Act; or (d) falsely pretend to be an inspector; or (e) connive at any such forging, counterfeiting, uttering, making use, personating or pretending as aforesaid. (2) A person guilty of an offence against this section shall be liable to— (a) in the case of a natural person—a penalty of 84 penalty units or imprisonment for 6 months; (b) in any other case—a penalty of 840 penalty units. ˙ Return of licences etc. suspended or revoked 45.(1) When under this Act a licence, permit, or other authority is suspended or revoked, then the person to whom that licence, permit, or other authority was granted shall, if requested by any inspector, deliver forthwith to that inspector that suspended or revoked licence, permit, or other authority. (2) If default in delivering any such licence, permit, or other authority is continued by any person who has been convicted of the offence of failing to deliver that licence, permit, or other authority, then that person shall be deemed to commit a continuing offence and shall be liable to a penalty of not more than 2 penalty units for each and every day during which that offence is continued. (3) However, the continuing offence in respect of such non-delivery shall not be deemed to commence until the expiration of 14 days from the date of conviction as aforementioned.

s 45A 39 Explosives Act 1952 s 46 ˙ Provision of information by Commissioner of the Police Service 45A.(1) This section applies to— (a) persons making application for licences and permits issued under this Act; (b) persons employed by licensees and permittees under this Act and having access to explosives in the course of their duties or functions. (2) For the purpose of determining suitability of persons to whom this section applies having access to explosives, the Chief Inspector may request the Commissioner of the Police Service to furnish the Chief Inspector with a report in respect of any 1 or more of the following matters— (a) whether the person has been convicted in Queensland or elsewhere of any offence against this Act; (b) whether the person is subject to a recognisance, granted in Queensland or elsewhere to be of good behaviour or to keep the peace; (c) whether the person is the subject of a prohibition order under the Firearms and Offensive Weapons Act 1979 ; (d) whether the person is of good character and repute; (e) whether, in the opinion of the Commissioner, the person should be trusted to deal with explosives in the manner authorised by this Act without added danger to the public safety or the peace; (f) such other matters as the Chief Inspector may specify in the request. (3) The Commissioner of the Police Service shall upon receiving a request made under subsection (2) cause the request to be investigated and furnish to the Chief Inspector a report including such recommendations the Commissioner thinks proper in respect of the matter or matters the subject of the request. ˙ Protection of Minister etc. 46. No matter or thing done by the Minister or by any person acting with or under the authority of the Minister, or done by any inspector or police

s 46A 40 Explosives Act 1952 s 48 officer in good faith for the purpose of executing this Act or in the execution of his or her powers and duties under this Act, shall subject the Crown, or the Minister, or the person acting with or under the authority of the Minister, or subject the inspector or police officer, to any liability in respect thereof. ˙ Disclosure of information 46A.(1) Except as provided by subsection (2), a person shall not disclose any information or publish any document or part of a document obtained by the person in connection with the administration or execution of this Act, unless the disclosure or publication is made— (a) with the consent of the person from whom the information was obtained; or (b) in connection with the administration or execution of this Act; or (c) for the purpose of any legal proceedings arising out of this Act or of any report of those proceedings. (2) The Chief Inspector may communicate any matter which comes to the Chief Inspector’s knowledge in the exercise or performance of the Chief Inspector’s powers, authorities, duties or functions under this Act to an officer or authority engaged in administering or executing a law of Queensland, the Commonwealth or of another State or a Territory relating to explosives. ˙ Proof of offence 47. Where in any prosecution under this Act an offence is proved in regard to any sample or portion of explosives or ingredients such offence shall be deemed to have been proved with regard to the whole of the explosives or ingredients from which the sample or portion was taken. ˙ Regulations 48.(1) The Governor in Council may from time to time make regulations providing for all or any purposes, whether general or to meet particular cases, that may be convenient for the administration of this Act or that may be necessary or expedient to carry out the objects and purposes of this Act.

s 48 41 s 48 Explosives Act 1952 (1A) Without limiting the generality of the foregoing provisions of this section, the regulations may provide for all or any of the following matters, either generally or to meet a particular case, that is to say— Explosives (a) declaring (subject to such exceptions, limitations or restrictions as may be specified in the regulations) that any substance (including any ingredient used or capable of being used in the manufacture of any explosive) which appears to be specially dangerous to life or property by reason of its explosive properties, or of any process in the manufacture thereof being liable to explosion, or of any conditions in the use, carriage, storage, or handling thereof being liable to cause an explosion, shall be and be deemed to be an explosive under and for the purposes of this Act and prescribing a classification system for the purpose of defining the composition, quality and character of explosives; Importation (b) regulating and controlling the importation, bringing or sending into Queensland and exportation of explosives; Prohibited explosives (c) prohibiting or restricting the importation, bringing into, manufacture, storage, keeping, carrying, sale, or use of explosives which in the opinion of the Governor in Council are dangerous to the public safety; (d) condemning all such explosives and providing for the destruction or other disposal thereof; Licences (e) providing for the grant, renewal, transfer, surrender, cancellation, revocation or suspension of licences, certificates, and permits either generally or of any particular class under this Act; (f) prescribing the persons who are qualified (by examination or otherwise) and entitled to be granted and to hold licences of the different classes under this Act; (g) prescribing the classes of licences, certificates or permits that may be granted under this Act and persons to whom such licences,

s 48 42 s 48 Explosives Act 1952 certificates or permits may be granted; (h) prescribing the period for which such licences, certificates, and permits may be granted and the effect (if any) of change of owners or occupiers of any place the subject of any licence, certificate, or permit; (i) prescribing terms and conditions upon and subject to which such licences, certificates, and permits may be issued, renewed, transferred, surrendered, cancelled, revoked or suspended; (j) prescribing fees for such licences, certificates, and permits and the renewals, transfers, or duplicate copies thereof and the effect of such duplicate copies; Factories and magazines (k) regulating and controlling the manufacture (including any process in the manufacture) of explosives and the management and use of factories and government magazines and licensed magazines and the place wherein any licensed magazine is situated; (l) prescribing, regulating, and controlling the mode of construction and what fittings, appliances, and equipment shall be kept or used in any such factory, magazine, or place (including the attaching of lightning conductors thereto) and providing for the maintenance of the same; (m) regulating and controlling the use or retention in any factory, government magazine, or licensed magazine of any article liable to spontaneous ignition, the cleaning of any such factory or magazine, the quantity of any explosive or ingredient used or capable of being used in any explosive that may be allowed in any such factory or magazine or any part thereof at any one time, and generally any matter which public safety or convenience may require; Rules for safety (n) prescribing rules for the employment and conduct of workers and others employed or entering in factories or government magazines or licensed magazines and for securing the safety of such employees and the public;

s 48 43 s 48 Explosives Act 1952 Inspection (o) providing for, regulating, and controlling the powers and duties of inspectors and police officers under this Act; (p) providing for the inspection of licences, certificates, and permits and the inspection and examination of all places licensed under this Act, or where any explosive is conveyed or stored or kept or manufactured; (q) providing for the inspection and examination of explosives (including the testing thereof) wheresoever found, and prescribing fees for so doing; (r) providing as to the manner of giving directions or orders and making requests under this Act; Storage of explosives (s) prescribing the terms and conditions on which explosives may be deposited, stored, or kept in or removed from government magazines or magazines licensed under this Act; (t) prescribing the fees or rents to be charged for storing or keeping explosives in government magazines or licensed magazines (which fees or rents may differ in amount in respect of such classes of magazines respectively or in respect of any particular magazine included in either such class); (u) the persons by whom and the manner in which and the time when payment of any fees or rents so prescribed is to be made; (v) prohibiting trespass on factories and government magazines and licensed magazines; Dangerous explosives (w) regulating and controlling the manner in which explosives which are dangerous to the public safety or to property shall be dealt with; Carriage (x) regulating and controlling the carriage of explosives;

s 48 44 s 48 Explosives Act 1952 Sale (y) regulating and controlling the sale of explosives, including but without limiting the generality thereof, requiring and prescribing records to be kept by sellers of explosives, ensuring that such records shall be correctly kept, requiring and prescribing delivery notes or receipts to be given upon the delivery of explosives, and prohibiting and restricting the sale of explosives as prescribed; Use (z) regulating and controlling the use of explosives, including, but without limiting the generality thereof, specifying the persons who may use explosives and prohibiting the use of explosives by any persons not so specified except under and in accordance with a permit, if so prescribed, under this Act; Packing and packages (za) regulating and controlling the construction of packages for explosives, the manner of packing explosives, the labelling and marking of packages, and the weights to be contained in such packages; Accidents (zb) requiring notice to be given of accidents by explosion or fire at factories and government magazines and licensed magazines and during the storage, keeping, carriage, or use of explosives; (zc) making provision for holding inquiries into such accidents; (zd) providing for, regulating, and controlling the reconstruction of factories or magazines destroyed by such accidents; Fees and other charges (ze) providing for the payment of fees, charges, allowances, costs and expenses in respect of anything done under or for the purposes of this Act other than those specifically provided for in paragraphs (e) to (j) and (o) to (v) and the fixing thereof; (zf) matters and things in respect of which they are payable or to be paid; (zg) manner, time and place of payment thereof;

s 48 45 s 48 Explosives Act 1952 (zh) persons by whom and to whom they are payable; Penalty (zi) imposing penalties for the breach of any regulation not exceeding for any 1 offence— (a) in the case of a natural person—84 penalty units; (b) in any other case—840 penalty units; Forms (zj) forms under this Act and the respective purposes for which such forms shall be used; (zk) the form of any record required by this Act to be kept; Definitions (zl) the definition of safety cartridges, safety fuses, and any other explosive and the definition of such terms as may be necessary for all or any of the purposes of this Act; Prescribed matters (zm)all matters required or permitted by this Act to be prescribed; General (zn) such other purposes as the Governor in Council deems expedient in the interests of the public safety or the safety of any person, and for the protection of property from damage by or resulting from explosion. (2) Where it appears to the Governor in Council that in its manufacture, storage, sale, carriage or handling, or in its use for or in relation to or in connection with any purpose, any substance is capable of being specially dangerous to human life or property by reason of its explosive properties either alone or in association with any other substance, the Governor in Council may, by regulation made in pursuance of the powers conferred upon the Governor in Council by this section, declare that the substance shall be deemed to be an explosive within the meaning of this Act and the provisions of this Act (subject to such exceptions, limitations, and restrictions as may be specified in the regulation) shall extend to the substance specified in the regulation in like manner as if it were included in the term “explosive” in this Act.

s 50 46 s 50 Explosives Act 1952 (3) The power to regulate, or to control, or to regulate and control any act, matter, or thing by regulations under this Act shall include power to make regulations under this section prohibiting that act, matter, or thing either generally or to meet particular cases. (3A) The power to regulate, or to control or to regulate and control any act, matter or thing by regulations under this Act shall include power to provide for the granting of exemptions or conditional exemptions from compliance with the regulations or any of them, the entitlements of persons so exempted and revocation of any exemption or conditional exemption so granted. (4) The power to make regulations under this Act shall include power to repeal, amend, or otherwise modify any regulation in force at the commencement of this Act and continued in force by virtue of any provision of this Act. (5) The power to make any regulation under this Act shall include power to make that regulation so that it may be of general application or so that it shall be limited in its application to any explosive or any ingredient used or capable of being used in the manufacture of any explosive or any explosives included in any prescribed class of explosives or any ingredients included in any prescribed class of ingredients, or to any part of any prescribed locality or place, or to any prescribed class or description of vehicles or vessels, or according to time, purposes, or circumstances, or otherwise as is prescribed. ˙ Further powers with respect to orders in council and regulations 49.(1) When under this Act the Governor in Council has power to make any order in council or regulation the Governor in Council shall have power to make 1 or more orders in council or, as the case may be, regulations as appears to the Governor in Council necessary or expedient in the circumstances, and either at 1 and the same time or from time to time. (2) The Governor in Council may by any order in council revoke, amend, or otherwise modify any other order in council made, or any order in council continued in force under, the authority of this Act. (3) No misnomer, inaccurate description or omission in or from any order in council or regulation shall in any wise prevent or abridge the operation of this Act with respect to the subject matter of that misnomer, inaccurate description or omission provided the same is designated so as to

s 50 47 s 50 Explosives Act 1952 be understood. (4) The power of the Governor in Council to make regulations under this Act includes and shall be taken always to have included power to adopt, wholly or in part, in relation to any matter provided for by the regulations any of the standard rules, codes or specifications of the bodies known as the Standards Association of Australia, the British Standards Institution or a like body identified in the regulations. ˙ Orders in council 50. Section 28A of the ActsInterpretationAct1954 (Tabling of regulations) shall apply with respect to orders in council made for the purposes of this Act and, for the purposes of such application, that section shall be read and construed as if references to regulations were references to orders in council made for the purpose of this Act.

48 Explosives Act 1952 ENDNOTES ´ 1 Index to Endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 3 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 4 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 5 Table of changed names and titles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 6 Table of changed citations and remade laws . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 7 Table of obsolete and redundant provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 8 Table of corrected minor errors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 9 Table of renumbered provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 10 Transitional and savings provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 ´ 2 Date to which amendments incorporated This is the reprint date mentioned in the ReprintsAct1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 18 October 1994. Future amendments of the Explosives Act 1952 may be made in accordance with this reprint under the Reprints Act 1992, section 49. ´ 3 List of legislation Explosives Act 1952 1 Eliz 2 No. 34 date of assent 13 November 1952 commenced 1 July 1955 (proc pubd Gaz 11 June 1955 p 761) as amended by— Explosives Act Amendment Act 1961 10 Eliz 2 No. 32 date of assent 24 November 1961 commenced on date of assent Explosives Acts and Another Act Amendment Act 1963 No. 33 Pts 1–2 date of assent 13 December 1963 commenced 11 January 1964 (proc pubd Gaz 11 January 1964 p 79)

49 Explosives Act 1952 Metric Conversion Act 1972 No. 31 Pt 2 Sch 1 date of assent 21 December 1972 commenced 1 January 1974 (proc pubd Gaz 28 July 1973 p 2275) Age of Majority Act 1974 No. 57 s 8 Sch date of assent 27 September 1974 commenced 1 March 1975 (proc pubd Gaz 16 November 1974 p 1083) Explosives Act Amendment Act 1975 No. 62 date of assent 28 November 1975 commenced on date of assent Explosives Act Amendment Act 1978 No. 53 date of assent 22 August 1978 commenced on date of assent Explosives Act Amendment Act 1980 No. 58 date of assent 30 September 1980 commenced on date of assent Explosives Act Amendment Act 1981 No. 70 date of assent 7 October 1981 commenced on date of assent Corrective Services (Consequential Amendments) Act 1988 No. 88 s 3 Sch 1 date of assent 1 December 1988 commenced 15 December 1988 (see s 2(2)) and order pubd Gaz 10 December 1988 p 1675) Explosives Act Amendment Act 1990 No. 44 date of assent 13 August 1990 commenced on date of assent Marine Safety Act 1994 No. 14 s 234 Sch 2 date of assent 27 April 1994 commenced 3 June 1994 (1994 SL No. 177)

50 Explosives Act 1952 ´ 4 List of annotations Key to abbreviations in list of annotations amd Ch cl def Div hdg ins om prec pres prev (prev) prov Pt RA R1 renum Sdiv sub = = = = = = = = = = = = = = = = = = = amended Chapter clause definition Division heading inserted omitted preceding present previous previously provision Part Reprints Act 1992 Reprint No. 1 renumbered Subdivision substituted Provisions not included in reprint, or amended by amendments not included in reprint, are underlined Parts of Act s 4 om R1 (see RA s 36) Repeal of Explosives Act 1906 s 5 hdg amd R1 (see RA s 29) Saving of other Acts s 6 amd 1963 No. 33 s 4; 1990 No. 44 s 2; 1994 No. 14 s 234 Sch 2 Act binds Crown s 6A ins 1990 No. 44 s 3 Application of Act s 6B ins 1990 No. 44 s 4 Interpretation prov hdg sub 1990 No. 44 s 5(a)–(b)(i) s 8 def “aircushion vehicle” ins 1975 No. 62 s 2(a) def “manufacture” sub 1975 No. 62 s 2(b) def “Minister” sub 1963 No. 33 s 5; 1990 No. 44 s 5(b)(ii) om R1 (see RA s 39) def “order in council” om R1 (see RA s 39) def “permit” ins 1978 No. 53 s 2 def “Person” om 1990 No. 44 s 5(b)(iii) def “Prescribed” om 1990 No. 44 s 5(b)(iii) def “Regulations” om 1990 No. 44 s 5(b)(iii) def “substance” sub 1975 No. 62 s 2(c) def “This Act” om 1990 No. 44 s 5(b)(iii)

51 Explosives Act 1952 def “Vessel” amd 1975 No. 62 s 2(d) amd 1990 No. 44 s 5(c) Appointment of officers s 10 amd 1963 No. 33 s 6 Certificate of appointment s 10A ins 1990 No. 44 s 6 Delegation by Minister and Chief Inspector s 10B ins 1990 No. 44 s 6 Issue of licences s 11 amd 1990 No. 44 s 7 Cancellation of licences s 12 amd 1990 No. 44 s 8 Permits s 12A ins 1978 No. 53 s 3 amd 1990 No. 44 s 9 Inspection of explosives s 13 sub 1990 No. 44 s 10 Powers of inspectors s 14 amd 1975 No. 62 s 3; 1994 No. 14 s 234 Sch 2 Grievances s 15A ins 1990 No. 44 s 11 Obstruction of inspectors etc. s 16 amd 1990 No. 44 s 12 Classification of explosives s 17 sub 1990 No. 44 s 13 Prohibition or restriction on importation of explosives s 17A ins 1990 No. 44 s 13 Explosives to be imported and exported under authority prov hdg amd 1990 No. 44 s 14(a) s 18 amd 1990 No. 44 s 14(b) Notice of intention to import explosive s 19 amd 1963 No. 33 s 7; 1990 No. 44 s 15 Notice of arrival of imported explosive s 20 amd 1963 No. 33 s 8 sub 1990 No. 44 s 16 Packing of explosives upon importation or exportation s 21 amd 1990 No. 44 s 17

52 Explosives Act 1952 Explosive to be manufactured under licence prov hdg amd 1990 No. 44 s 18(a) s 22 amd 1972 No. 31 s 6 Sch 1; 1974 No. 57 s 8 Sch; 1975 No. 62 s 4; 1978 No. 53 s 4; 1980 No. 58 s 2; 1981 No. 70 s 2; 1990 No. 44 s 18(b) Carriage of explosives s 23 amd 1975 No. 62 s 5 Queensland Railways exempted s 25 amd 1990 No. 44 s 19 Where explosives may be kept prov hdg sub 1990 No. 44 s 20(a) s 26 amd 1975 No. 62 s 6; 1990 No. 44 s 20(b) Explosives to be used by inspector or licensed person or permittee prov hdg amd 1978 No. 53 s 5(a) s 35A ins 1975 No. 62 s 7 amd 1978 No. 53 s 5(b); 1990 No. 44 s 21 False information s 37A ins 1990 No. 44 s 22 Penalties for offences s 38 amd 1961 No. 32 s 2; 1975 No. 62 s 10; 1990 No. 44 s 23 Employer’s responsibility for offence by employee s 38A ins 1990 No. 44 s 24 Imprisonment for offence s 39 amd 1988 No. 88 s 3 Sch 1 Forgery of licence etc. s 44 amd 1975 No. 62 s 10; 1988 No. 88 s 3 Sch 1; 1990 No. 44 s 25 Return of licences etc. suspended or revoked s 45 amd 1990 No. 44 s 26 Provision of information by Commissioner of the Police Service s 45A ins 1990 No. 44 s 27 Disclosure of information s 46A ins 1990 No. 44 s 28 Regulations s 48 amd 1961 No. 32 s 3; 1963 No. 33 s 9; 1975 No. 62 ss 8, 10; 1978 No. 53 s 6; 1990 No. 44 s 29; R1 (see RA s 37) Further powers with respect to orders in council and regulations s 49 amd 1975 No. 62 s 9; R1 (see RA s 37) Orders in council s 50 sub 1990 No. 44 s 30

53 Explosives Act 1952 ´ 5 Table of changed names and titles TABLE OF CHANGED NAMES AND TITLES under the Reprints Act 1992 ss 23 and 23A Old New Reference provision by-law (of a local authority) Commissioner (for Railways) Commissioner (of Police) (Court of) Petty Sessions local authority member (of the police force) ordinance (of a local authority) local law (of a local government) Queensland Railways Commissioner (of the Police Service) Magistrates Court local government police officer local law (of a local government) Local Government Act 1993 s 755(1)(l) Transport Infrastructure Act1994 s 129(a) Police Service AdministrationAct 1990 s 11.1(1)(b) Justices Act 1886 s 268(1) and Justices Acts Amendment Act 1964 s 2(5) Local Government Act 1993 s 755(1)(a) Police Service AdministrationAct 1990 s 11.1(1)(c) (see also s 1.4) Local Government Act 1993 s 755(1)(l) ´ 6 Table of changed citations and remade laws TABLE OF CHANGED CITATIONS AND REMADE LAWS under the Reprints Act 1992 ss 21A and 22 Old New Reference provision Local Government Act 193 6 Local Government Act 199 3 Local Government Act 1993 s 755(1)(o)

54 Explosives Act 1952 ´ 7 Table of obsolete and redundant provisions TABLE OF OBSOLETE AND REDUNDANT PROVISIONS under the Reprints Act 1992 s 39 Omitted provision Provision making omitted provision obsolete/redundant definitions to be read in context def “Minister” references to a Territory reference to instrument is a reference to instrument under Act Acts Interpretation Act 1954 s 32A Acts Interpretation Act 1954 ss 36, 33(1)–(4) and 24B(8)(b) (see also Reprints Act 1992 s 39, example 2) Acts Interpretation Act 1954 s 36 def “Territory” Acts Interpretation Act 1954 s 35E ´ 8 Table of corrected minor errors Provision TABLE OF CORRECTED MINOR ERRORS under the Reprints Act 1992 s 44 Description ‘license’ where it appears as a n o u n 24, prov hdg 43(1)(b) ‘licence’ om ‘in fault’ ins ‘at fault’ del ‘order’ ins ‘order,’ ´ 9 Table of renumbered provisions Previous TABLE OF RENUMBERED PROVISIONS under the Reprints Act 1992 s 43 Renumbered as

55 Explosives Act 1952 5, 1st sentence 5, proviso 5, proviso, (i) 5, proviso, (i), proviso 5, proviso, (ii) 5, proviso, (iii) 5, proviso, (iv) 5, proviso, (v) 5, proviso, (vi) 10A, 1st sentence 10A, 2nd sentence 10B(1)(a) 10B(1)(b) 10B(6)(a) 10B(6)(b) 11(1)(a) 11(1)(b) 11(1)(c) 11(1)(c)(i) 11(1)(c)(ii) 11(1)(c)(iii) 11(3A), 2nd sentence 11(4)(i) 11(4)(ii) 11(4), proviso 11(4), 2nd proviso 12(1)(i) 12(1)(ii) 12(1)(iii) 12(1), proviso 12(1), 2nd sentence 12(1), 3rd sentence 14(1)(i) 14(1)(ii) 14(1)(iii) 14(1)(iv) 14(1)(v) 14(1)(vi) 14(1)(vii) 14(1)(vii), proviso 14(1)(vii), 1st unnum para 14(1)(viii) 14(1)(ix) 14(1)(x) 14(1)(xi) 14(1)(xii) 5(1) 5(2) 5(2)(a) 5(2)(b) 5(2)(c) 5(2)(d) 5(2)(e) 5(2)(f) 5(2)(g) 10A(1) 10A(2) 10B(1) 10B(1A) 10B(6) 10B(6A) 11(1) 11(1A) 11(1B) 11(1B)(a) 11(1B)(b) 11(1B)(c) 11(3B) 11(4)(a) 11(4)(b) 11(4A) 11(4B) 12(1)(a) 12(1)(b) 12(1)(c) 12(1A) 12(1B) 12(1C) 14(1)(a) 14(1)(b) 14(1)(c) 14(1)(d) 14(1)(e) 14(1)(f) 14(1)(g) 14(1)(h) 14(1)(i) 14(1)(j) 14(1)(k) 14(1)(l) 14(1)(m) 14(1)(n)

56 Explosives Act 1952 14(1)(xii)(A) 14(1)(xii)(B) 14(2), 2nd sentence 14(2), 3rd sentence 15(2), 2nd sentence 15(2), 3rd sentence 16(i) 16(ii) 16(iii) 16(iv) 16(v) 16(vi) 17A(3)(a) 17A(3)(b) 17A(3)(c) 22(4), 2nd sentence 22(4), 3rd sentence 23, 1st sentence 23(i) 23(ii) 23, proviso 23, proviso, (A) 23, proviso, (B) 24, 1st sentence 24, 2nd sentence 26(1)(i) 26(1)(ii) 26(1)(iii) 26(4)(i) 26(4)(ii) 26(4)(iii) 31(2), proviso 37, 1st sentence 37, 2nd sentence 38(2)(a) 38(2)(b) 38(3), proviso 39(i) 39(ii) 39(iii) 40, 1st sentence 40(i) 40(ii) 40, 2nd sentence 43(1)(i) 43(1)(ii) 14(1)(n)(i) 14(1)(n)(ii) 14(2A) 14(2B) 15(2A) 15(2B) 16(a) 16(b) 16(c) 16(d) 16(e) 16(f) 17A(3) 17A(3A) 17A(3B) 22(5) 22(6) 23(1) 23(1)(a) 23(1)(b) 23(2) 23(2)(a) 23(2)(b) 24(1) 24(2) 26(1)(a) 26(1)(b) 26(1)(c) 26(4)(a) 26(4)(b) 26(4)(c) 31(3) 37(1) 37(2) 38(2) 38(2A) 38(3A) 39(a) 39(b) 39(c) 40(1) 40(1)(a) 40(1)(b) 40(2) 43(1)(a) 43(1)(b)

57 Explosives Act 1952 43(1)(iii) 43(1)(iv) 44(1)(i) 44(1)(ii) 44(1)(iii) 44(1)(iv) 44(1)(v) 45, 1st sentence 45, 2nd sentence 45, proviso 48(1), 2nd sentence 48(1)(i) 48(1)(ii) 48(1)(iii) 48(1)(iii), 1st unnum part 48(1)(iv) 48(1)(iv), 1st unnum part 48(1)(iv), 2nd unnum part 48(1)(iv), 3rd unnum part 48(1)(iv), 4th unnum part 48(1)(iv), 5th unnum part 48(1)(v) 48(1)(v), 1st unnum part 48(1)(v), 2nd unnum part 48(1)(vi) 48(1)(vii) 48(1)(vii), 1st unnum part 48(1)(vii), 2nd unnum part 48(1)(vii), 3rd unnum part 48(1)(viii) 48(1)(viii), 1st unnum part 48(1)(viii), 2nd unnum part 48(1)(viii), 3rd unnum part 48(1)(ix) 48(1)(x) 48(1)(xi) 48(1)(xii) 48(1)(xiii) 48(1)(xiv) 48(1)(xiv), 1st unnum part 48(1)(xiv), 2nd unnum part 48(1)(xiva) 48(1)(xiva), 1st unnum part 48(1)(xiva), 2nd unnum part 48(1)(xiva), 3rd unnum part 48(1)(xv) 43(1)(c) 43(1)(d) 44(1)(a) 44(1)(b) 44(1)(c) 44(1)(d) 44(1)(e) 45(1) 45(2) 45(3) 48(1A) 48(1A)(a) 48(1A)(b) 48(1A)(c) 48(1A)(d) 48(1A)(e) 48(1A)(f) 48(1A)(g) 48(1A)(h) 48(1A)(i) 48(1A)(j) 48(1A)(k) 48(1A)(l) 48(1A)(m) 48(1A)(n) 48(1A)(o) 48(1A)(p) 48(1A)(q) 48(1A)(r) 48(1A)(s) 48(1A)(t) 48(1A)(u) 48(1A)(v) 48(1A)(w) 48(1A)(x) 48(1A)(y) 48(1A)(z) 48(1A)(za) 48(1A)(zb) 48(1A)(zc) 48(1A)(zd) 48(1A)(ze) 48(1A)(zf) 48(1A)(zg) 48(1A)(zh) 48(1A)(zi)

58 Explosives Act 1952 48(1)(xvi) 48(1)(xvi), 1st unnum part 48(1)(xvii) 48(1)(xviii) 48(1)(xix) 48(1A)(zj) 48(1A)(zk) 48(1A)(zl) 48(1A)(zm) 48(1A)(zn) ´ 10 Transitional and savings provisions Explosives Act Amendment Act 1980 s 3 provides— Validation of certain regulations 3. It is hereby declared that Regulation 25A of The Explosives Regulations, 1955 substituted by regulations published in the Gazette on 11 January 1975 at pages 121 and 122 and as amended by regulations published in the Gazette on 25 December 1976 at pages 1856 to 1859 is and always was validly made.