Explosives Act 1999 (Qld)

Explosives Act 1999

An Act to regulate the handling of and access to explosives, and for other purposes

Part 1    Preliminary

1   Short title

This Act may be cited as the Explosives Act 1999.

2   Commencement

This Act commences on a day to be fixed by proclamation.

2A   Purpose of Act

(1)The purpose of this Act is to regulate the handling of, and access to, explosives to protect public health and safety, property and the environment.

(2)The purpose is achieved primarily by—

(a)enabling explosives to be declared as authorised explosives or prohibited explosives; and

(b)requiring an authority for the handling of explosives; and

(c)ensuring that persons who hold an authority in relation to a security sensitive explosive also hold a security clearance; and

(d)ensuring explosives are accessed only by persons—

(i)who hold a security clearance; or

(ii)who are under the direct supervision of a person who holds a security clearance; and

(e)imposing a duty of care and other obligations on persons who handle explosives; and

(f)enabling investigations and inquiries to be carried out for explosives incidents.

3   Definitions—the dictionary

The dictionary in schedule 2 defines particular words used in this Act.

4   Act binds all persons

This Act binds all persons, including the State and, so far as the legislative power of the Parliament permits, the Commonwealth and the other States.

4A   Application of Act to coastal waters of the State

This Act applies to the coastal waters of the State as if the coastal waters of the State were part of the State.

5   Act does not apply to some explosives

This Act does not apply to explosives to which the Explosives Act 1961 (Cwlth) applies.

6   Act’s effect on other Acts

(1)If there is an inconsistency between this Act and an Act about mining, the Act about mining prevails to the extent of the inconsistency.

(2)In subsection (1)—

Act about mining means—

(a)the Coal Mining Safety and Health Act 1999; or

(b)the Mining and Quarrying Safety and Health Act 1999.

7   Exemptions

(1)A regulation may exempt an explosive from this Act or any of its provisions.

(2)A regulation may also exempt any of the following from this Act or any of its provisions—

(a)a government entity;

(b)a Commonwealth entity.

(3)An exemption may be given on stated conditions.

(4)If an exemption is given on conditions, the exemption operates only if the conditions are complied with.

Part 2    Authorised and prohibited explosives

8   Authorised explosives

(1)The chief inspector may declare an explosive to be an authorised explosive for this Act.

(2)Before making a declaration under subsection (1), the chief inspector must—

(a)define the composition, quality and character of the explosive; and

(b)classify the explosive in a way prescribed under a regulation.

(3)If the composition, quality or character of an authorised explosive changes, the explosive stops being an authorised explosive.

9   Register of authorised explosives

(1)The chief inspector must keep a register of authorised explosives.

(2)The register—

(a)must include the defined composition, quality, character and classification of each authorised explosive; and

(b)is not open to inspection by anyone other than the chief inspector or an inspector.

(3)However, the chief inspector must give a list of authorised explosives to anyone who asks for it.

(4)The list must not include the defined composition, quality or character of the explosives named in it.

10   Prohibited explosives

A regulation may declare an explosive to be a prohibited explosive.

11   Offence in relation to unauthorised and prohibited explosives

(1)A person must not manufacture, possess, sell, store, transport or use an unauthorised or prohibited explosive.

Maximum penalty—400 penalty units or 6 months imprisonment.

(2)Subsection (1) does not apply to an act done under an explosives trial approval.

12   Approvals for trial etc. of unauthorised or prohibited explosives

A regulation may authorise the chief inspector to issue to a person an approval to manufacture, possess, sell, store, transport or use an unauthorised or prohibited explosive for trial, experiment or examination (an explosives trial approval).

Part 3    Authorities and security clearances

Division 1AA Security clearances

Subdivision 1 Applications for security clearances

12A   Making applications for security clearances

(1)An individual may apply to the chief inspector for a security clearance.

(2)The application must—

(a)be in the approved form; and

(b)be accompanied by the fee prescribed by regulation; and

(c)include or be accompanied by the information prescribed by regulation.

12B   Criteria for deciding applications

(1)The chief inspector may decide to give a security clearance to the applicant only if satisfied the applicant is a suitable person to hold the security clearance.

(2)In deciding whether the applicant is a suitable person to hold the security clearance, the chief inspector—

(a)must consider—

(i)the applicant’s criminal history; and

(ii)whether the applicant has, at any time, been named as the respondent in a domestic violence order or police protection notice; and

(iii)whether release conditions have, at any time, been imposed on the applicant under the Domestic and Family Violence Protection Act 2012, section 125; and

(b)may consider—

(i)the applicant’s mental health; and

(ii)information about the applicant that indicates the applicant is a risk to public safety or it would be contrary to the public interest for the applicant to hold the security clearance; and

(iii)anything else relevant to the applicant’s suitability to hold the security clearance.

(3)The applicant is not a suitable person to hold the security clearance if—

(a)the applicant is named as the respondent in a domestic violence order, or police protection notice, that is in force; or

(b)release conditions have been imposed on the applicant under the Domestic and Family Violence Protection Act 2012, section 125 and the release conditions are in force.

12C   Deciding applications

(1)The chief inspector must, after considering the application and any other information obtained in relation to the application, decide to—

(a)give the security clearance; or

(b)refuse to give the security clearance.

Note—

See also section 123S(2).

(2)If the chief inspector decides to give the security clearance, the chief inspector must promptly give the applicant the security clearance.

(3)If the chief inspector decides to refuse to give the security clearance, the chief inspector must promptly give the applicant an information notice for the decision.

12D   Form of security clearances

A security clearance must—

(a)be in the approved form; and

(b)include a digital photo, and digitised signature, of the holder of the security clearance.

12E   Term of security clearances

(1)A security clearance is given for the term, of not more than 5 years, stated in the security clearance.

(2)The security clearance expires at the end of the stated term.

12F   Renewal of security clearances

(1)The holder of a security clearance may apply for the renewal of the security clearance.

(2)The application must be made to the chief inspector before the security clearance expires.

(3)Sections 12A(2) to 12E apply to the application as if—

(a)a reference in the sections to an application for a security clearance were a reference to an application to renew a security clearance; and

(b)a reference in the sections to the giving of a security clearance were a reference to the renewal of a security clearance; and

(c)a reference in sections 12D and 12E to a security clearance were a reference to a renewed security clearance.

Subdivision 2 Information about applicants and security clearance holders

12G   Reports about criminal history and other matters

(1)This section applies in relation to the following persons—

(a)an applicant for a security clearance;

(b)the holder of a security clearance.

(2)The chief inspector may ask the commissioner for a written report about—

(a)the person’s criminal history, including a brief description of the nature of any offence giving rise to a conviction or charge mentioned in the person’s criminal history; and

(b)whether the person has, at any time, been named as the respondent in a domestic violence order or police protection notice; and

(c)whether release conditions have, at any time, been imposed on the person under the Domestic and Family Violence Protection Act 2012, section 125.

(3)The commissioner must give the report to the chief inspector.

(4)However, the report is required to contain only information about the matters mentioned in subsection (2)—

(a)in the commissioner’s possession; or

(b)to which the commissioner has access.

12H   Commissioner must give notice of particular matters

(1)This section applies if—

(a)the commissioner reasonably suspects a person is—

(i)an applicant for a security clearance; or

(ii)the holder of a security clearance; and

(b)any of the following events happens after the application is made or during the term of the security clearance—

(i)the person’s criminal history changes;

(ii)the person is named as the respondent in a domestic violence order or police protection notice;

(iii)release conditions are imposed on the person under the Domestic and Family Violence Protection Act 2012, section 125.

(2)The commissioner must give the chief inspector a written notice about the event.

(3)The notice must—

(a)state—

(i)the person’s name and any other name the commissioner believes the person may use or may have used; and

(ii)the person’s date and place of birth; and

(b)if subsection (1)(b)(i) applies—include a brief description of the nature of the offence or alleged offence giving rise to the conviction or charge to which the change relates; and

(c)if subsection (1)(b)(ii) or (iii) applies—be accompanied by a copy of the domestic violence order, police protection notice or release conditions.

(4)The chief inspector may confirm the suspicions of the commissioner mentioned in subsection (1)(a).

(5)For a person who does not have a criminal history, there is taken to be a change in the person’s criminal history if the person acquires a criminal history.

12I   Requests for information about mental health

(1)This section applies in relation to the following persons—

(a)an applicant for a security clearance;

(b)the holder of a security clearance.

(2)The chief inspector may, by written notice given to the person, ask the person to give the chief inspector further information the chief inspector reasonably needs about the person’s mental health to decide whether the person is a suitable person to hold, or to continue to hold, a security clearance.

(3)Without limiting subsection (2), the chief inspector may ask the person to give the chief inspector a report from a doctor or psychologist about the person’s mental health.

(4)The notice must state that the information must be given within the period, of at least 28 days after the notice is given, stated in the notice.

(5)If the chief inspector is given a report mentioned in subsection (3), the chief inspector may—

(a)make information about the person having access to explosives available to the doctor or psychologist who prepared the report; and

(b)ask the doctor or psychologist to give the chief inspector a further report about the person’s mental health.

(6)The chief inspector may make the information available to the doctor or psychologist only if the chief inspector reasonably considers—

(a)the doctor or psychologist was not aware of the information; and

(b)the information may influence the doctor’s or psychologist’s opinion about the person’s mental health.

(7)If the chief inspector makes the information available to the doctor or psychologist, the chief inspector must advise the person of that fact.

(8)The chief inspector may make the information available to the doctor or psychologist despite any other Act.

12J   Failure to give information about mental health

(1)This section applies if an applicant for a security clearance, or the renewal of a security clearance, does not comply with a notice given to the applicant under section 12I(2).

(2)The applicant is taken to have withdrawn the application for the security clearance or the renewal of the security clearance.

12K   Use of information obtained under s 12G, 12H or 12I

(1)Information about a person given to the chief inspector under section 12G or 12H may be used only for making a decision—

(a)under section 12B about whether the person is a suitable person to hold a security clearance; or

(b)under section 24 or 25 about—

(i)whether to suspend or cancel the person’s security clearance on a ground mentioned in section 23A(1)(b) or (c); or

(ii)whether to suspend or cancel an authority held by the person on the ground mentioned in section 23(1)(c).

(2)Information about a person given to the chief inspector under section 12I may be used only—

(a)for making a decision under section 12B about whether the person is a suitable person to hold a security clearance; or

(b)for making a decision under section 24 or 25 about whether to suspend or cancel the person’s security clearance on a ground mentioned in section 23A(1)(c); or

(c)to investigate or prosecute an offence against this Act.

(3)Subsection (4) applies if, in making a decision mentioned in subsection (1), the chief inspector is considering information about—

(a)the commission of an offence by the person; or

(b)the alleged or possible commission of an offence by the person.

(4)The chief inspector must also consider—

(a)when the offence was committed, is alleged to have been committed or may possibly have been committed; and

(b)the nature of the offence, or alleged or possible offence, and its relevance to the person holding, or continuing to hold, a security clearance or authority; and

(c)any other matter the chief inspector considers relevant to the decision.

(5)This section is subject to section 132.

Division 1 Authorities

13   Authorities that may be issued under Act

A regulation may prescribe the authorities that may be issued under this Act and what each authority authorises.

14   Application for authority

(1)A person may apply to the chief inspector for an authority.

(2)The application must—

(a)be made in the approved form; and

(b)be accompanied by the fee prescribed under a regulation for the authority.

15   Inquiries about person’s appropriateness

(1)This section applies to the following persons—

(a)an applicant for an authority;

(b)an authority holder;

(c)an employee of an applicant for an authority;

(d)an employee of an authority holder.

(2)The chief inspector may make reasonable inquiries about the person to help in deciding whether the person—

(a)for subsection (1)(a)—is an appropriate person for the grant of an authority; or

(b)for subsection (1)(b)—continues to be an appropriate person to hold an authority; or

(c)for subsection (1)(c)—is an appropriate person to have access to explosives; or

(d)for subsection (1)(d)—continues to be an appropriate person to have access to explosives.

(3)If the person is an individual, the chief inspector may, for subsection (2), make inquiries about the person’s identity, character, physical health and relevant experience and expertise.

(4)In deciding whether the person is an appropriate person, the chief inspector may consider, among other things—

(a)if the person is an individual—

(i)the person’s physical health; and

(ii)whether the person has stated anything in, or in relation to, an application for an authority or the renewal of an authority the person knows is false or misleading in a material particular; or

(b)if the person is a corporation—

(i)whether the corporation is an insolvent under administration under the Corporations Act; and

(ii)whether the corporation has been convicted, in Queensland or elsewhere, of an offence involving a prescribed activity; and

(iii)whether an executive officer of the corporation would be considered to be an appropriate person under this section; and

(iv)information that indicates it would be contrary to the public interest for the corporation to hold an authority.

(5)Also, in deciding whether an applicant for an authority or an authority holder is an appropriate person, the chief inspector must consider whether the person has adequate facilities for the use and handling of explosives.

(6)Information required to be supplied under this section may be used only to decide whether the person is an appropriate person for this section or to investigate or prosecute an offence and must not be disclosed for any purpose other than as provided by section 132.

(7)For this section, the chief inspector may—

(a)inspect the facilities mentioned in subsection (5); or

(b)supply information or a document relevant to the person’s identity to an officer or member of a State or Commonwealth police service; or

(c)require the person to display an adequate knowledge of safety and security practices for the use and handling of explosives.

(8)An applicant for an authority is taken to have withdrawn the application if the applicant fails to allow the inspection under subsection (7)(a) within a stated reasonable time (not less than 28 days after notice of the requirement is given to the applicant).

15A   Persons who are not appropriate persons

(1)This section applies to a person who is an applicant for, or the holder of, a security sensitive authority.

(2)The person is not an appropriate person to hold, or to continue to hold, the security sensitive authority if an employee of the person—

(a)has or will have unsupervised access to an explosive in the course of the employee’s employment; and

(b)does not hold a security clearance.

(3)For this section, an employee of the person has or will have unsupervised access to an explosive if the employee is or will be able to access the explosive other than in the presence, and under the direct supervision, of a person who holds a security clearance.

(4)Despite subsections (2) and (3), if the person is a licensed dealer, the person is an appropriate person to hold, or to continue to hold, a security sensitive authority if the only employees of the person who have or will have unsupervised access to an explosive in the course of the employee’s employment, and who do not hold security clearances, are qualified weapons employees.

16   Additional information

(1)The chief inspector may, by written notice, require a person mentioned in section 15(1) to give the chief inspector further information the chief inspector reasonably needs to be satisfied about the person’s identity or physical health.

(2)Without limiting subsection (1), the chief inspector may ask the person to give the chief inspector a report from a doctor about the person’s physical health.

(3)The notice must—

(a)state that the information must be given within a stated reasonable time (not less than 28 days after the notice is given); and

(b)be given to—

(i)for a person mentioned in section 15(1)(a) or (c)—the applicant for the authority; or

(ii)for a person mentioned in section 15(1)(b) or (d)—the authority holder.

(4)Information required to be supplied under this section may be used only to decide whether the person is an appropriate person for section 15 or to investigate or prosecute an offence and must not be disclosed for any purpose other than as provided under section 132.

(5)An applicant for an authority is taken to have withdrawn the application if the applicant or the applicant’s employee fails to provide the information required under subsection (1) within the time stated in the notice.

16A   Other information for application

The chief inspector may, by written notice given to an applicant for an authority, require the applicant to give any other information the chief inspector reasonably needs to decide the application.

17   How chief inspector may deal with application

(1)The chief inspector must consider an application for an authority and either—

(a)issue the authority with or without conditions; or

(b)refuse to issue the authority.

Note—

See also section 123S(2).

(2)If the application is for a security sensitive authority, the chief inspector must refuse to issue the authority unless—

(a)if the applicant is an individual—the applicant holds a security clearance; or

(b)if the applicant is a listed corporation—

(i)the corporation has a responsible person; and

(ii)the responsible person holds a security clearance; or

(c)if the applicant is a corporation other than a listed corporation—each executive officer of the corporation holds a security clearance; or

(d)if the applicant is a partnership—each partner holds a security clearance.

(3)If the chief inspector decides to issue the authority, the chief inspector must promptly give the applicant—

(a)the authority; and

(b)if the authority is subject to conditions, an information notice for the decision to impose conditions.

(4)If the chief inspector decides not to issue the authority, the chief inspector must promptly—

(a)give the applicant an information notice for the decision; and

(b)refund fees paid by the applicant, other than fees for assessing the application.

18   Compliance with conditions

(1)An authority holder must comply with the conditions prescribed under a regulation for each authority issued to the authority holder.

Maximum penalty—200 penalty units.

(2)If the chief inspector imposes a condition on an authority, the authority holder must comply with the condition.

Maximum penalty—200 penalty units.

18A   Form of authority

An authority must—

(a)be in the approved form; and

(b)if the authority is an occupational authority—include a digital photo, and digitised signature, of the holder of the authority.

19   Term of authority

(1)An authority is for the term stated in the authority, but can not be for more than the term prescribed under a regulation.

(2)At the end of the term, the authority expires.

20   Transfer of authority

(1)A licence, other than an occupational authority, may be transferred with the written approval of the chief inspector.

(2)Another type of authority can not be transferred.

21   Renewal of authority

(1)A licence is renewable.

(2)An authority other than a licence can not be renewed.

22   Division applies to application for renewal of licence

(1)This division applies to an application for the renewal of a licence.

(2)However, the chief inspector may renew a licence only if the application is made to the chief inspector before the licence expires.

Division 2 Suspension and cancellation of authorities and security clearances

Subdivision 1 Suspensions and cancellations generally

23   Grounds for suspending or cancelling authorities

(1)Each of the following is a ground for the suspension or cancellation of an authority—

(a)the authority was obtained because of incorrect or misleading information;

(b)the holder has contravened an authority condition;

(c)the holder is convicted of or charged with—

(i)an offence against this Act or an Act of another State about explosives; or

(ii)another offence involving the use of explosives;

(d)the holder, or someone else required under a regulation to be an appropriate person for the issue of the authority, is not, or is no longer, an appropriate person;

(e)someone other than the holder controls the holder’s operations under the authority;

(f)the level of safety under which an activity is carried out under the authority is inadequate for ensuring the safety of a person;

(g)the measures used at a place at which an activity is carried out under the authority are inadequate for keeping an explosive at the place secure from access by a person who should not have access to the explosive;

(h)the holder of the authority has not complied with section 33(3);

(i)if the holder of the authority is an individual—the holder’s security clearance has expired, or been cancelled, suspended or surrendered;

(j)if the holder of the authority is a listed corporation—

(i)there is not a responsible person for the corporation; or

(ii)the security clearance held by the responsible person for the corporation has expired, or been cancelled, suspended or surrendered;

(k)if the holder of the authority is a corporation other than a listed corporation—the security clearance held by an executive officer of the corporation has expired, or been cancelled, suspended or surrendered;

(l)if the holder of the authority is a partnership—the security clearance held by a partner has expired, or been cancelled, suspended or surrendered.

(2)However, subsection (1)(i) to (l) applies only if the authority is a security sensitive authority.

23A   Grounds for suspending or cancelling security clearances

(1)Each of the following is a ground for the suspension or cancellation of a security clearance—

(a)the security clearance was obtained because of incorrect or misleading information;

(b)the holder of the security clearance is, in Queensland or elsewhere, convicted of or charged with a relevant offence;

(c)the holder of the security clearance is no longer a suitable person to continue to hold the security clearance.

(2)In deciding whether the holder of a security clearance is no longer a suitable person to continue to hold the security clearance, the chief inspector may have regard to the matters mentioned in section 12B(2).

(3)In this section—

relevant offence means an offence—

(a)involving a prescribed activity; or

(b)involving violence or threatened violence; or

(c)involving the use, carriage, discharge or possession of a firearm; or

(d)relating to the misuse of drugs; or

(e)involving breaking and entering into premises, burglary, robbery, stealing or receiving stolen property; or

(f)involving fraud, the fabrication of evidence, perjury or the making of a false declaration or statement.

24   Procedure for suspension or cancellation

(1)This section applies if the chief inspector considers there is a ground to suspend or cancel an authority or security clearance (the proposed action).

(2)Before taking the proposed action, the chief inspector must give the holder of the authority or security clearance a written notice stating—

(a)the proposed action; and

(b)the grounds for the proposed action; and

(c)an outline of the facts and circumstances that are the basis of the grounds; and

(d)if the proposed action is suspension of the authority or security clearance—the proposed suspension period; and

(e)that the holder may show, within a stated reasonable time (not less than 28 days after the notice is given to the holder) why the proposed action should not be taken.

(3)If, after considering all representations made within the stated time, the chief inspector still considers there is a ground to take the proposed action, the chief inspector may—

(a)if the proposed action was to suspend the authority or security clearance for a stated period—suspend the authority or security clearance for not longer than the proposed suspension period; or

(b)if the proposed action was to cancel the authority or security clearance—either cancel the authority or security clearance or suspend it for a period.

(4)The chief inspector must inform the holder of the authority or security clearance of the decision by written notice.

(5)If the chief inspector decides to suspend or cancel the authority or security clearance, the chief inspector must give the holder of the authority or security clearance an information notice for the decision.

(6)The decision takes effect on the day the notice is given to the holder of the authority or security clearance, or if a later day of effect is stated in the notice, the later day.

(7)However, if the authority or security clearance is suspended or cancelled because of the conviction of a person for an offence, the suspension or cancellation—

(a)does not take effect until—

(i)the end of the time to appeal against the conviction; and

(ii)if an appeal is made against the conviction—the appeal is finally decided or otherwise ends; and

(b)has no effect if the conviction is quashed.

25   Procedure for urgent suspension or cancellation of authorities and security clearances

(1)This section applies if the chief inspector is reasonably satisfied—

(a)urgent action is necessary in the particular circumstances; and

(b)undue delay in suspending or cancelling an authority or security clearance may cause harm to the public.

(2)The chief inspector may suspend or cancel an authority or security clearance for the reason mentioned in subsection (1) without previous notice to the holder of the authority or security clearance.

(3)However, the chief inspector must immediately inform the holder of the authority or security clearance of the decision by giving an information notice for the decision.

(4)The decision takes effect on the day the information notice is given to the holder of the authority or security clearance or, if a later day of effect is stated in the information notice, the later day.

Subdivision 2 Immediate suspensions and cancellations

25A   Immediate suspension in particular circumstances

(1)This section applies to the holder of an authority or security clearance if—

(a)the holder is named as the respondent in—

(i)a temporary protection order; or

(ii)a police protection notice; or

(b)release conditions are imposed on the holder under the Domestic and Family Violence Protection Act 2012, section 125.

(2)The authority or security clearance is suspended—

(a)if the holder is named as the respondent in a temporary protection order and is present in court when the order is made—while the order is in force; or

(b)if release conditions are imposed on the holder—while the release conditions are in force; or

(c)otherwise—from when the holder is served with the temporary protection order or police protection notice until the order or notice is no longer in force.

(3)In this section—

temporary protection order means—

(a)a temporary protection order under the Domestic and Family Violence Protection Act 2012; or

(b)an interstate domestic violence order corresponding to a temporary protection order mentioned in paragraph (a).

25B   Immediate cancellation if protection order made

(1)This section applies to the holder of an authority or security clearance if the holder is named as the respondent in a protection order.

(2)The authority or security clearance is cancelled—

(a)if the holder is present in court when the protection order is made—when the order is made; or

(b)otherwise—when the holder is served with the protection order.

(3)In this section—

protection order means—

(a)a protection order under the Domestic and Family Violence Protection Act 2012; or

(b)an interstate domestic violence order corresponding to a protection order mentioned in paragraph (a).

Subdivision 3 Provisions about suspended and cancelled authorities and security clearances

26   Return of authorities and security clearances

(1)The holder of a suspended authority or security clearance, or the former holder of a cancelled authority or security clearance, must return the authority or security clearance to the chief inspector within 14 days after the suspension or cancellation takes effect, unless the person has a reasonable excuse for not returning it, or not returning it within that time.

Maximum penalty—200 penalty units.

(2)If a suspended authority or security clearance is returned to the chief inspector, the chief inspector must return it to the holder of the authority or security clearance at the end of the suspension period.

26A   Surrender of explosives

(1)This section applies to a person whose authority is suspended or cancelled under this division.

(2)The person must immediately arrange with an inspector to give to an inspector any explosives the person has, as soon as practicable, but no later than 1 day, after the suspension or cancellation takes effect, unless the person has a reasonable excuse.

Maximum penalty—40 penalty units.

(3)The person must comply with the arrangement under subsection (2), unless the person has a reasonable excuse.

Maximum penalty—100 penalty units.

Division 3 Other provisions about authorities and security clearances

27   Replacement of authorities and security clearances

(1)The holder of an authority or security clearance may apply to the chief inspector for the replacement of a lost, stolen or destroyed authority or security clearance.

(2)The chief inspector must consider the application and either—

(a)replace the authority or security clearance; or

(b)refuse to replace the authority or security clearance.

(3)If the chief inspector is reasonably satisfied the authority or security clearance has been lost, stolen or destroyed, the chief inspector must replace the authority or security clearance.

(4)If the chief inspector decides to refuse to replace the authority or security clearance, the chief inspector must give the holder of the authority or security clearance an information notice for the decision.

28   Amendment of authority on application

(1)An authority holder may apply to the chief inspector for an amendment of the authority.

(2)The application must—

(a)be made in the approved form; and

(b)be made at least 28 days before the holder wants the amendment to take effect; and

(c)be accompanied by the fee prescribed under a regulation.

(3)However, failure to comply with subsection (2) does not prevent the chief inspector dealing with the application.

(4)The chief inspector must decide the application by—

(a)amending the authority in the way sought; or

(b)refusing to amend the authority.

(5)The chief inspector may amend the authority only if the chief inspector is reasonably satisfied the amendment is desirable in the interests of the effective administration of this Act.

(6)If the chief inspector decides to amend the authority, the chief inspector must promptly give the authority holder a written notice stating the decision and the amendment.

(7)If the chief inspector decides not to amend the authority, the chief inspector must give the authority holder an information notice for the decision.

29   Amendment of authority without application

(1)This section applies if the chief inspector considers it is desirable to amend an authority in the interests of the effective administration of this Act.

(2)Before amending the authority, the chief inspector must give the authority holder a written notice stating—

(a)the proposed amendment; and

(b)the reasons for the amendment; and

(c)that the holder may show, within a stated reasonable time of at least 28 days after the notice is given to the holder, why the amendment should not be made.

(3)If, after considering all representations made within the stated time, the chief inspector still believes the authority should be amended, the chief inspector may amend the authority—

(a)in the way proposed; or

(b)in another way, having regard to the representations.

(4)The chief inspector must inform the authority holder of the decision by written notice.

(5)If the chief inspector decides to amend the authority, the chief inspector must give the authority holder an information notice.

(6)Subsections (1) to (5) do not apply if the chief inspector proposes to amend the authority—

(a)by omitting a condition; or

(b)for a formal or clerical reason that does not adversely affect the authority holder’s interests.

(7)The chief inspector may amend a condition of an authority in a way mentioned in subsection (6) by giving the authority holder an information notice for the decision to amend the authority.

30   Notice to return authority for alteration

(1)The chief inspector may, by written notice, require the authority holder to return the authority to the chief inspector within a stated reasonable time of at least 14 days after the notice is given to the holder, to enable the chief inspector to amend the authority.

(2)After amending the authority, the chief inspector must return the authority to the holder.

(3)An authority holder must comply with a notice under subsection (1), unless the holder has a reasonable excuse.

Maximum penalty—20 penalty units.

(4)The amendment of the authority under this division does not depend on the authority being amended under this section.

30A   Reporting loss, destruction or theft of authorities and security clearances

(1)This section applies if an authority or security clearance is lost, destroyed or stolen.

(2)The holder of the authority or security clearance must immediately notify the chief inspector or an authorised officer, as required by subsection (3), about the loss, destruction or theft.

Maximum penalty—50 penalty units.

(3)The notification may be given—

(a)by notice in the approved form; or

(b)orally.

(4)If the notification is given orally, the holder of the authority or security clearance must also give the chief inspector or an authorised officer notice in the approved form within 7 days after the loss, destruction or theft.

Maximum penalty—50 penalty units.

31   Surrender of authorities and security clearances

(1)The holder of an authority or security clearance may surrender the authority or security clearance by written notice given to the chief inspector.

(2)The authority or security clearance must accompany the notice.

(3)The surrender of an authority or security clearance takes effect on the day the notice of surrender is given to the chief inspector or, if a later day of effect is stated in the notice, the later day.

Part 4    Handling explosives

Division 1 Preliminary

32   General duty of care

(1)A person who is doing an act involving explosives must take reasonable precautions and use reasonable care to avoid endangering any person’s safety, health or property.

Maximum penalty—

(a)if the contravention causes multiple deaths and serious harm to property or the environment—3,000 penalty units or 3 years imprisonment; or

(b)if the contravention causes multiple deaths—2,000 penalty units or 3 years imprisonment; or

(c)if the contravention causes death or grievous bodily harm—1,000 penalty units or 2 years imprisonment; or

(d)if the contravention involves exposure to a substance likely to cause death or grievous bodily harm—750 penalty units or 1 year’s imprisonment; or

(e)if the contravention causes bodily harm—750 penalty units or 1 year’s imprisonment; or

(f)if the contravention causes serious harm to property or the environment—750 penalty units or 1 year’s imprisonment; or

(g)otherwise—500 penalty units or 6 months imprisonment.

Note—

If a corporation commits an offence against this provision, each executive officer of the corporation may be taken, under section 117, to have also committed the offence.

(2)Without limiting subsection (1), the duty includes taking reasonable precautions and using reasonable care to ensure the explosives are kept secure from access by a person who should not have access to the explosives.

(3)In this section—

bodily harm see the Criminal Code, section 1.

grievous bodily harm see the Criminal Code, section 1.

33   Employers’ obligations about employees

(1)An employer must not allow an employee to have access to an explosive unless—

(a)the employee is the age prescribed by regulation; and

(b)for an employer who holds a security sensitive authority—

(i)the employee holds a security clearance; or

(ii)the access is within the course of the employee’s employment and in the presence, and under the direct supervision, of a person who holds a security clearance.

Maximum penalty—50 penalty units.

(2)However, if the employer is a licensed dealer who holds a security sensitive authority, an employee of the licensed dealer who is a qualified weapons employee—

(a)is not required to hold a security clearance; and

(b)is not required to have access to an explosive under the direct supervision of a person who holds a security clearance.

(3)Before an employer asks or allows an employee to carry out an activity involving the handling of explosives, the employer must be reasonably satisfied the employee has the qualifications, experience and expertise prescribed by regulation for the carrying out of the activity.

Note—

See also section 23(1)(h).

Division 2 Possession of explosives

34   Authority required to possess explosives

(1)A person must not possess an explosive unless the person holds an authority that authorises the person to possess the explosive.

Maximum penalty—400 penalty units or 6 months imprisonment.

(2)Subsection (1) does not apply to the possession of an explosive prescribed under a regulation for this section.

Division 3 Moving explosives into and out of the State

35   Application of div 3

This division applies to—

(a)an explosive that may lawfully be exported from Australia (an export explosive); and

(b)an explosive that may lawfully be imported into Australia (an import explosive).

36   Bringing or sending certain explosives into and out of the State

A person must not send an export explosive from the State to another country or bring an import explosive into the State from another country unless the person holds an authority to send the export explosive to the other country or bring the import explosive into the State.

Maximum penalty—400 penalty units or 6 months imprisonment.

37   Notice to chief inspector

(1)This section applies if an authority holder intends to—

(a)bring an import explosive into the State from another country; or

(b)send an export explosive to another country.

(2)The authority holder must, within the period or at the time requested under subsection (3) or (4), give the chief inspector notice in the approved form of—

(a)the holder’s intention; and

(b)if the holder intends to bring an import explosive into the State from another country—the expected arrival date and arrival time for the import explosive; and

(c)if the holder intends to send an export explosive to another country—the expected departure date and departure time for the export explosive.

Maximum penalty—20 penalty units.

(3)For subsection (2), the notice must be given to the chief inspector—

(a)for an import explosive—at least 7 days before the expected arrival date for the import explosive; or

(b)for an export explosive—at least 7 days before the expected departure date for the export explosive.

(4)However, if the authority holder is not aware of the expected arrival date for the import explosive or the expected departure date for the export explosive in the period mentioned in subsection (3), the notice required under subsection (2) must be given to the chief inspector—

(a)as soon as practicable after the holder becomes aware of the expected arrival date or expected departure date; and

(b)not later than the day before the arrival date or departure date.

(5)If any information stated in a notice given under subsection (2), or another written notice given under this subsection, changes, the holder must give the chief inspector written notice of the change—

(a)as soon as practicable after the holder becomes aware of the change; and

(b)not later than the day before the arrival date or departure date.

Maximum penalty—20 penalty units.

(6)Subsections (2) and (5) do not apply if the holder has a reasonable excuse.

(7)In this section—

arrival date, for an import explosive, means the day the import explosive will arrive at an airport or port in the State.

arrival time, for an import explosive, means the time at which the import explosive will arrive at an airport or port in the State.

departure date, for an export explosive, means the day the export explosive will be sent from an airport or port in the State.

departure time, for an export explosive, means the time at which the export explosive will be sent from an airport or port in the State.

Division 4 Manufacturing explosives

38   Explosive to be manufactured under authority

(1)A person must not manufacture an explosive unless the person holds an authority that authorises the person to manufacture the explosive.

Maximum penalty—400 penalty units or 6 months imprisonment.

(2)Subsection (1) does not prevent a person—

(a)manufacturing an explosive if—

(i)the explosive is not more than the amount prescribed by regulation or, if an amount is not prescribed, 50g; and

(ii)the person is manufacturing and using the explosive in a laboratory that is part of an educational or research facility under the direct supervision of a competent adult; and

(iii)the explosive is for use in a chemical experiment by the person; or

(b)reconditioning an explosive at a government magazine or under an inspector’s supervision; or

(c)if the person is licensed or otherwise authorised to use a weapon under the Weapons Act 1990—filling ammunition for the weapon for use by the person.

(3)Also, subsection (1) does not prevent the holder of an authority to use an explosive manufacturing an explosive prescribed under a regulation for this section (a prescribed explosive), by a manual operation performed under conditions prescribed under a regulation, for the holder’s immediate use.

(4)In addition, subsection (1) does not prevent an inspector manufacturing a prescribed explosive, by a manual operation performed under conditions prescribed under a regulation, for the inspector’s immediate use.

(5)In this section—

competent adult means an adult with sufficient knowledge and experience to identify hazards and risks associated with manufacturing and using explosives.

39   Offences relating to entry of factories

(1)A person must not unlawfully enter an explosives factory.

Maximum penalty—100 penalty units.

(2)A person in physical possession of a firearm must not enter an explosives factory.

Maximum penalty—200 penalty units.

(3)Subsection (2) does not apply to a police officer or a security provider under the Security Providers Act 1993 who enters an explosives factory for performing official duties.

(4)An inspector, a security provider or the holder of an authority in relation to an explosives factory may take reasonable steps to remove a person who has entered an explosives factory in contravention of subsection (1) or (2) from the factory or the land it is on.

40   Safety and security at factories

(1)Each person in control of, or working at, an explosives factory must take reasonable precautions and use reasonable care to prevent an explosives incident at the factory.

Maximum penalty—200 penalty units.

(2)The holder of an authority in relation to an explosives factory must ensure a notice warning persons at the factory of their liability to penalty for an offence against subsection (1) is always conspicuously displayed so anyone entering the factory can easily see and read it.

Maximum penalty—20 penalty units.

Division 5 Selling explosives

41   Authority needed to sell explosives

A person must not sell an explosive unless the person holds an authority that authorises the person to sell the explosive.

Maximum penalty—200 penalty units or 3 months imprisonment.

42   Unauthorised sales of explosives

A person must not sell an explosive to someone other than a person—

(a)authorised to sell the explosive; or

(b)authorised to store the explosive; or

(c)authorised to use the explosive; or

(d)otherwise authorised under a regulation.

Maximum penalty—200 penalty units or 3 months imprisonment.

43   Selling explosives in public places prohibited

A person in possession of an explosive in a public place must not sell the explosive in the public place.

Maximum penalty—100 penalty units.

43A   Requirement to check licence or authority for sale of small arms ammunition

(1)This section applies to a person who sells an explosive that is small arms ammunition (a seller) to another person (a buyer) if the buyer holds—

(a)a license under the Weapons Act 1990 that authorises the buyer to possess and use a firearm; or

(b)an interstate firearms authority that is taken, under the Weapons Act 1990, section 32(2), to authorise the buyer to possess and use a firearm; or

(c)an authority under this Act that authorises the buyer to sell, store or use small arms ammunition.

(2)The seller must not sell the small arms ammunition to the buyer unless—

(a)the seller has seen the buyer’s licence or authority; and

(b)if a verification system is prescribed by regulation for the licence or authority—

(i)if the verification system is available for use by the seller—the seller has verified the validity of the licence or authority using the verification system; or

(ii)if the verification system is not available for use by the seller—the seller has recorded the information required under subsection (3).

Maximum penalty—140 penalty units.

(3)For subsection (2)(b)(ii), the following information must be recorded for each transaction for the sale of the small arms ammunition to a buyer—

(a)the date and time of the transaction;

(b)the type and quantity of the ammunition;

(c)the name and address of the buyer;

(d)the buyer’s licence number or authority number;

(e)the expiry date of the buyer’s licence or authority;

(f)if the licence or authority is an interstate firearms authority—the state that issued the interstate firearms authority;

(g)if the verification system is not available for use by the seller in the circumstances mentioned in subsection (3B)(b)—

(i)the reason the seller is unable to access the internet, if known; and

(ii)the seller’s internet service provider.

(3A)If a seller sells small arms ammunition to a buyer when a verification system prescribed under subsection (2)(b) is not available for use by the seller, the seller must—

(a)as soon as practicable after the system becomes available for use by the seller, verify the validity of the licence or authority using the verification system; and

(b)if the verification system indicates the buyer’s licence or authority is not valid—immediately report the transaction to police.

Maximum penalty—140 penalty units.

(3B)For this section, a verification system is not available for use by a seller if—

(a)the system is not operational; or

(b)the seller is unable to access the internet because of an event out of the seller’s control.

Example for paragraph (b)—

a power outage that causes the seller’s internet to be inaccessible

(4)In this section—

firearm see the Weapons Act 1990, schedule 2, definition firearm, paragraphs 1 and 2.

interstate firearms authority means a licence, permit or authority mentioned in the Weapons Act 1990, section 32(1).

verification system means an electronic system for verifying the validity of a licence or authority mentioned in subsection (1).

Division 6 Storing explosives

44   Authority needed to store explosives

A person must not store an explosive unless the person holds an authority to store the explosive.

Maximum penalty—200 penalty units or 3 months imprisonment.

45   Where explosives may be stored

(1)A person must not store an explosive at a place other than—

(a)where it is lawfully manufactured; or

(b)a magazine where the person may lawfully store it under this Act; or

(c)a place approved by the chief inspector, by signed instrument, as suitable for storing the explosive under stated conditions.

Maximum penalty—400 penalty units or 6 months imprisonment.

(2)Subsection (1) does not apply to an explosive stored for a purpose prescribed under a regulation or by an inspector for testing.

46   Government magazines

(1)The Minister may, by gazette notice, declare a place to be a government magazine.

(2)The chief inspector is the person in charge of a government magazine.

47   Offences relating to entry of magazines

(1)A person must not unlawfully enter a magazine.

Maximum penalty—100 penalty units.

(2)A person in physical possession of a firearm must not enter a magazine.

Maximum penalty—200 penalty units.

(3)Subsection (2) does not apply to a police officer or a security provider under the Security Providers Act 1993 who enters a magazine for performing official duties.

(4)An inspector, a security provider or the holder of an authority in relation to a magazine may take reasonable steps to remove a person who has entered a magazine in contravention of subsection (1) or (2) from the magazine or the land it is on.

48   Safety and security at magazines

(1)Each person in control of, or working at, a magazine must take reasonable precautions and use reasonable care to prevent an explosives incident at the magazine.

Maximum penalty—200 penalty units.

(2)The holder of an authority for a magazine must ensure a notice warning persons at the magazine of their liability to penalty for an offence against subsection (1) is always conspicuously displayed so anyone entering the magazine can easily see and read it.

Maximum penalty—20 penalty units.

49   Person storing explosives must take precautions

A person storing an explosive must take reasonable precautions—

(a)to prevent an explosives incident; and

(b)to minimise the likely effects of an explosives incident.

Maximum penalty—200 penalty units.

Division 7 Transporting explosives

50   Transporting explosives

(1)A person must not transport an explosive in a vehicle unless the person holds an authority under this Act or a corresponding law to transport the explosive in the vehicle.

Maximum penalty—200 penalty units.

(2)However, subsection (1) does not apply to a person transporting an explosive—

(a)if—

(i) the amount of the explosive is not more than the amount prescribed by regulation; and

(ii) the person complies with the conditions prescribed by regulation for transporting the explosive; or

(b)in the circumstances prescribed by regulation.

(3)A person who is authorised to transport an explosive must ensure—

(a)it is transported in the way required under this Act; and

(b)it is delivered—

(i)to a place where it may lawfully be stored or used; and

(ii)to someone who may lawfully possess it.

Maximum penalty—200 penalty units.

(4)A person who may transport explosives under an authority does not commit an offence against this section if the person can not comply with the section because of—

(a)the wilful act, neglect, or default of the consignor or consignee of the explosive or someone else (other than an agent or employee of the carrier); or

(b)the improper refusal of the consignee or someone else to accept delivery of the explosive.

(5)The person mentioned in subsection (4)(a) or (b) who prevented compliance with this section is instead taken to have committed the offence.

(6)In this section—

corresponding law means a law of another State dealing with the transport of explosives.

51   Explosives too dangerous to transport

A person must not transport an explosive declared under a regulation to be too dangerous to transport.

Maximum penalty—400 penalty units or 6 months imprisonment.

51A   Regulation may be made about particular matters

(1)A regulation may—

(a)make provision about the recognition of laws of other jurisdictions about transporting explosives, things done under those laws and giving effect to those things; or

(b)provide that the chief inspector may make a decision (a determination) under the regulation about the safe and secure transport of an explosive.

(2)Without limiting subsection (1)(b), the regulation may prescribe—

(a)the process for making a determination, including the process for making and deciding an application for an administrative determination; or

(b)the effect a determination has on a provision of the regulation about the transport of explosives; or

(c)the process for amending, suspending or cancelling an administrative determination; or

(d)the information about a determination that must be kept publicly available.

(3)In this section—

administrative determination means a determination made on the application of a person that applies to—

(a)the person; or

(b)the person and other persons named in the application.

52   When div 7 does not apply

If another Act or law imposes safety obligations for transporting explosives by air, rail or sea, this division does not apply to explosives transported under the other Act or law.

Division 8 Using explosives

53   Authority needed to use explosives

(1)A person must not use an explosive unless the person holds an authority to use the explosive.

Maximum penalty—200 penalty units.

(2)Subsection (1) does not apply to an explosive prescribed under a regulation for this section.

54   Using explosives under conditions endangering life etc.

(1)A person must not prepare an explosive for use, or use an explosive, other than in the way prescribed under a regulation.

Maximum penalty—200 penalty units.

(2)A person must not use an explosive if exploding it may reasonably be expected to endanger any person’s safety, health or property.

Maximum penalty—200 penalty units.

Part 4A    Industrial manslaughter

54A   Definitions for part

(1)In this part—

conduct means an act or omission to perform an act.

employee ...

employer, for an act involving explosives, means—

(a)a person who employs or otherwise engages an individual to do the act involving explosives; or

(b)a person who arranges for an individual to do the act involving explosives; or

(c)the holder of an authority relating to the act involving explosives.

senior officer, of an employer, means—

(a)if the employer is a corporation—an executive officer of the corporation; or

(b)otherwise—the holder of an executive position (however described) in relation to the employer who makes, or takes part in making, decisions affecting all, or a substantial part, of the employer’s functions.

(2)For this part, a person’s conduct causes death if it substantially contributes to the death.

54B   Exception for the Criminal Code, s 23

The Criminal Code, section 23 does not apply in relation to an offence against this part.

54C   Industrial manslaughter—employer

(1)An employer for an act involving explosives commits an offence if—

(a)an individual who does the act involving explosives—

(i)dies in the course of doing the act involving explosives; or

(ii)is injured in the course of doing the act involving explosives and later dies; and

(b)the employer’s conduct causes the death of the individual; and

(c)the employer is negligent about causing the death of the individual by the conduct.

Maximum penalty—

(a)for an individual—20 years imprisonment; or

(b)for a body corporate—100,000 penalty units.

Note—

See section 119 in relation to imputing to a body corporate particular conduct of executive officers, employees or agents of the body corporate.

(2)An offence against subsection (1) is a crime.

54D   Industrial manslaughter—senior officer

(1)A senior officer of an employer for an act involving explosives commits an offence if—

(a)an individual who does the act involving explosives—

(i)dies in the course of doing the act involving explosives; or

(ii)is injured in the course of doing the act involving explosives and later dies; and

(b)the senior officer’s conduct causes the death of the individual; and

(c)the senior officer is negligent about causing the death of the individual by the conduct.

Maximum penalty—20 years imprisonment.

(2)An offence against subsection (1) is a crime.

Part 5    Investigations and inquiries into explosives incidents

Division 1 Investigations into explosives incidents

55   Meaning of relevant person

A relevant person, for explosives involved in an explosives incident, means—

(a)if a person other than the holder of the authority for the explosives was in custody or control of the explosives at the time of the incident—that person; or

(b)otherwise—the holder of the authority for the explosives.

56   Notice of explosives incidents

(1)The relevant person for explosives involved in an explosives incident must, as soon as possible after the incident, notify the chief inspector of the incident in the approved form.

Maximum penalty—170 penalty units.

(2)It is not a defence in a proceeding under subsection (1) that the giving of the required information might tend to incriminate the relevant person for explosives involved in an explosives incident.

(3)The required information is not admissible in evidence against the relevant person for explosives involved in an explosives incident in any criminal proceeding.

(4)Subsection (3) does not prevent the required information being admitted in evidence in a criminal proceeding about the falsity or misleading nature of the required information.

(5)In this section—

required information means the information required to be included in the approved form mentioned in subsection (1).

56A   Isolation of site of explosives incidents

(1)This section applies if an inspector reasonably believes it is necessary to preserve evidence after an explosives incident happens.

(2)The inspector may isolate the site of the explosives incident to prevent interference with the site.

(3)Also, the inspector may, by written notice given to the relevant person for the explosives or orally, require the relevant person to do the following—

(a)mark the boundaries of the site by signs or other means in a way that—

(i)identifies the site as the site of an explosives incident; and

(ii)prohibits entry to the site;

(b)remain at the site for a reasonable stated time.

(4)If the requirement is given orally under subsection (3), the chief inspector must also, as soon as practicable, give the relevant person a written notice confirming the requirement.

(5)The relevant person must comply with the requirement.

Maximum penalty for subsection (5)—200 penalty units.

57   Site not to be interfered with without inspector’s permission

(1)A person must not interfere with the site of an explosives incident without the permission of an inspector.

Maximum penalty—200 penalty units.

(2)Permission under subsection (1) must not be unreasonably withheld.

(3)For this division, action taken to save life or prevent further injury at a place is not interference with the site.

58   Investigation by chief inspector or authority holder

(1)The chief inspector may—

(a)investigate an explosives incident; or

(b)give the authority holder whose explosives were involved in the explosives incident a written notice requiring the holder—

(i)to carry out an investigation to decide the causes of the incident; and

(ii)to prepare a report about the incident that includes recommendations to prevent the incident happening again; and

(iii)to give the report to the chief inspector.

(2)After receiving a report under subsection (1)(b)(iii), the chief inspector may, by written notice given to the authority holder, require the authority holder to—

(a)carry out further investigations; or

(b)give the chief inspector further information about the explosives incident.

(3)A notice given under subsection (1)(b) or (2) must include or be accompanied by an information notice for the decision to give the notice.

(4)The authority holder must comply with a notice given under subsection (1)(b) or (2) within the reasonable time stated in the notice.

Maximum penalty—100 penalty units.

(5)The authority holder must ensure that the site of the incident is not interfered with until—

(a)all relevant details about the incident have been recorded and, if possible, photographed; and

(b)sufficient measurements have been taken to allow the development of an accurate plan of the site; and

(c)a list of witnesses to the incident has been compiled.

Maximum penalty for subsection (5)—100 penalty units.

59   Person must answer question about explosives incident

(1)This section applies if an inspector asks a person a question about an explosives incident.

(2)The person must answer the question unless the person has a reasonable excuse.

Maximum penalty for subsection (2)—40 penalty units.

Note—

See also sections 59A and 59B in relation to self-incrimination.

59A   Abrogation of privilege against self-incrimination

(1)This section applies if a person is required to answer a question under section 59.

(2)The person is not excused from answering the question on the ground the answer to the question may tend to incriminate the person or expose the person to a penalty.

(3)However, the answer to a question given by an individual, and other evidence directly or indirectly derived from the answer, is not admissible as evidence against the individual in civil or criminal proceedings other than proceedings arising out of the false or misleading nature of the answer.

59B   Warning to be given by inspector

(1)Before requiring a person to answer a question under section 59, an inspector must—

(a)warn the person that failure to answer the question without reasonable excuse would constitute an offence; and

(b)warn the person about the effect of section 59A.

(2)It is not an offence for an individual to refuse to answer a question put by the inspector on the ground the question might tend to incriminate the individual, unless the individual was first given the warning mentioned in subsection (1)(b).

(3)Nothing in this section prevents an inspector from obtaining and using evidence given to the inspector voluntarily by a person.

Division 2 Inquiries into serious explosives incidents by board of inquiry

60   Minister may establish board of inquiry

(1)The Minister may, by gazette notice, establish a board of inquiry for a serious explosives incident.

(2)The notice, or a subsequent gazette notice, may specify matters relevant to the inquiry including, for example, the chairperson and the terms of reference.

(3)The Minister may exercise powers under this section for a serious explosives incident whether or not a board of inquiry, the chief inspector or the holder of an authority has previously inquired into or investigated the incident.

61   Membership of board of inquiry

(1)A board of inquiry is constituted by the following members appointed by the Minister—

(a)a magistrate or an appropriately qualified lawyer;

(b)either—

(i)the chief inspector; or

(ii)an appropriately qualified person who has knowledge of or experience in explosives;

(c)if, having regard to the nature of the serious explosives incident, the Minister considers it appropriate for the board of inquiry to include persons with special knowledge relevant to the incident—not more than 3 persons with appropriate special knowledge.

(2)The member of the board of inquiry appointed under subsection (1)(a) is the chairperson of the board.

(3)A member of a board of inquiry who is not an inspector is taken, for the inquiry, to have the powers of an inspector.

62   Role of board of inquiry

(1)The board of inquiry must—

(a)inquire into the circumstances and probable causes of the serious explosives incident; and

(b)give the Minister a written report of the board’s findings.

(2)The report may contain the recommendations the board considers appropriate and other relevant matters.

(3)The Minister must publish the report in the way the Minister considers appropriate.

62A   Conditions of appointment

(1)A member of the board of inquiry is entitled to be paid the remuneration and allowances decided by the Minister.

(2)A member holds office on the other conditions decided by the Minister.

62B   CEO to arrange for services of staff for board of inquiry

As soon as practicable after the board of inquiry is established, the CEO must, in consultation with the chairperson of the board, arrange for the services of RSHQ or other persons to be made available to the board for the conduct of the inquiry.

63   Procedure

(1)When conducting its inquiry, the board of inquiry must—

(a)observe natural justice; and

(b)act as quickly, and with as little formality and technicality, as is consistent with a fair and proper consideration of the issues.

(2)In conducting the inquiry, the board—

(a)is not bound by the rules of evidence; and

(b)may inform itself in any way it considers appropriate, including by holding hearings; and

(c)may decide the procedures to be followed for the inquiry.

(3)However, the board must comply with this division and any procedural rules prescribed under a regulation.

64   Inquiry to be held in public other than in special circumstances

(1)An inquiry must be held in public.

(2)However, the board may, of its own initiative or on the application of a person represented at the inquiry, direct that the inquiry, or a part of the inquiry, be held in private, and give directions about the persons who may be present.

(3)The board may give the direction only if it is satisfied that it is proper to do so in the special circumstances of the inquiry.

65   Protection of members, legal representatives and witnesses

(1)A member of the board of inquiry has, in the performance of the member’s duties, the same protection and immunity as a judge of the Supreme Court.

(2)A lawyer or other person appearing before the board for someone else has the same protection and immunity as a barrister appearing for a party in a proceeding in the Supreme Court.

(3)A person summoned to attend or appearing before the board as a witness has the same protection as a witness in a proceeding in the Supreme Court.

66   Record of proceedings to be kept

The board of inquiry must keep a record of its proceedings.

67   Procedural fairness and representation

In the conduct of the inquiry, the board must give the authority holder whose explosives were involved in the serious explosives incident the subject of the inquiry, and any one else likely to be adversely affected by the inquiry’s findings, the opportunity of making a defence to all claims made against the person, either in person or by counsel, solicitor or agent.

68   Board’s powers on inquiry

(1)In conducting the inquiry, the board may—

(a)act in the absence of any person who has been given notice of the inquiry or some other reasonable notice; and

(b)receive evidence on oath or by statutory declaration; and

(c)adjourn the inquiry; and

(d)disregard any defect, error, omission or insufficiency in a document.

(2)A member of the board may administer an oath to a person appearing as a witness before the inquiry.

69   Notice to witness

(1)The chairperson of the board of inquiry may, by written notice given to a person, require the person to attend the inquiry at a stated time and place to give evidence or produce stated documents or things.

(2)A person required to appear as a witness before the board is entitled to the witness fees prescribed under a regulation or, if no witness fees are prescribed, the reasonable witness fees decided by the chairperson.

70   Inspection of documents or things

(1)If a document or thing is produced to the board at the inquiry, the board may—

(a)inspect the document or thing; and

(b)make copies of, photograph, or take extracts from, the document or thing if it is relevant to the inquiry.

(2)The board may also take possession of the document or thing, and keep it while it is necessary for the inquiry.

(3)While it keeps a document or thing, the board must permit a person otherwise entitled to possession of the document or thing to inspect, make copies of, photograph, or take extracts from, the document or thing, at a reasonable place and time that the board decides.

71   Inquiry may continue despite court proceeding unless otherwise ordered

The inquiry of the board of inquiry may start or continue, and a report may be prepared or given, despite a proceeding before any court or tribunal, unless a court or tribunal with the necessary jurisdiction orders otherwise.

72   Offences by witnesses

(1)A person given a notice under section 69 must not—

(a)fail, without reasonable excuse, to attend as required by the notice; or

(b)fail, without reasonable excuse, to continue to attend as required by the chairperson of the board of inquiry until excused from further attendance.

Maximum penalty—200 penalty units.

(2)A person appearing as a witness at the inquiry must not—

(a)fail to take an oath when required by the chairperson of the board; or

(b)fail, without reasonable excuse, to answer a question the person is required to answer by a member of the board; or

(c)fail, without reasonable excuse, to produce a document or thing the person is required to produce by a notice under section 69.

Maximum penalty—200 penalty units.

Note—

See also sections 74A and 74B in relation to self-incrimination.

73   False or misleading statements to inquiry

A person must not state anything to the board of inquiry that the person knows is false or misleading in a material particular.

Maximum penalty—500 penalty units.

74   False or misleading documents to inquiry

(1)A person must not give to the board of inquiry a document containing information the person knows is false or misleading in a material particular.

Maximum penalty—500 penalty units.

(2)Subsection (1) does not apply to a person who, when giving the document—

(a)informs the board, to the best of the person’s ability, how it is false or misleading; and

(b)if the person has, or can reasonably get, the correct information—gives the correct information to the board.

74A   Abrogation of privilege against self-incrimination

(1)A person is not excused from answering a question or producing a document or thing under this division on the ground the answer to the question or the document or thing may tend to incriminate the person or expose the person to a penalty.

(2)However, the answer to a question or a document or thing given by an individual, and other evidence directly or indirectly derived from the answer, document or thing, is not admissible as evidence against the individual in civil or criminal proceedings other than proceedings arising out of the false or misleading nature of the answer, document or thing.

74B   Warning to be given by board of inquiry

(1)Before requiring a person to answer a question or produce a document or thing under this division, the board of inquiry must—

(a)warn the person that failure to comply with the requirement without reasonable excuse constitutes an offence; and

(b)warn the person about the effect of section 74A.

(2)It is not an offence for an individual to refuse to answer a question put by the board or produce a document or thing to the board under this division on the ground the question, document or thing might tend to incriminate the individual, unless the individual was first given the warning mentioned in subsection (1)(b).

(3)Nothing in this section prevents the board from obtaining and using evidence given to the board voluntarily by a person.

75   Contempt of board

A person must not—

(a)deliberately interrupt the inquiry; or

(b)impede or obstruct the board in the exercise of its powers; or

(c)create or continue, or join in creating or continuing, a disturbance in or near a place where the board is conducting its inquiry; or

(d)do anything that would be contempt of court if the board were a judge acting judicially.

Maximum penalty—200 penalty units.

76   Report of offences

If the board of inquiry considers material before it discloses an offence, it may report the offence to 1 or more of the following and may make available to them all relevant material in the board’s possession—

(a)the commissioner;

(b)the Crime and Corruption Commission;

(c)the director of public prosecutions;

(d)the WHS prosecutor;

(e)the CEO;

(f)the chief inspector.

77   Change of membership of board

The inquiry of the board of inquiry is not affected by a change in its membership.

Part 6    Administration and enforcement

Division 1 Inspectors

78   CEO may appoint inspectors

(1)The CEO may appoint a person as an inspector under this Act if—

(a)the CEO considers the person has the necessary expertise or experience to be an inspector; or

(b)the person has satisfactorily finished training approved by the CEO.

(2)Without limiting powers the CEO has apart from this Act, the CEO may designate 1 of the inspectors as the chief inspector for this Act.

79   Inspector’s identity card

(1)The CEO must give each inspector an identity card.

(2)The identity card must—

(a)contain a recent photo of the person; and

(b)be signed by the person; and

(c)identify the person as an inspector under this Act; and

(d)state an expiry date.

(3)A person who stops being an inspector must return the person’s identity card to the CEO as soon as possible (but within 21 days) after the person stops being an inspector, unless the person has a reasonable excuse.

Maximum penalty—20 penalty units.

(4)This section does not prevent the giving of a single identity card to a person for this and other Acts or for other purposes.

80   Production or display of inspector’s identity card

(1)An inspector may exercise a power in relation to someone only if—

(a)the inspector first produces the inspector’s identity card for the other person’s inspection; or

(b)the inspector has the inspector’s identity card displayed so it is clearly visible to the other person.

(2)However, if for any reason it is not practicable to comply with subsection (1) before exercising the power, the inspector must produce the identity card for inspection by the person at the first reasonable opportunity.

80A   Functions of inspectors

(1)An inspector has the following functions—

(a)to investigate and enforce compliance with this Act;

(b)to inspect and monitor the handling of, and access to, explosives by holders of authorities and other persons;

(c)to audit systems for safety and security required by regulation;

(d)to give advice and help to others, including applicants for authorities, holders of authorities, government entities, the public and other persons, in dangerous situations involving explosives;

(e)to recover and dispose of explosives for the health and safety of the public;

(f)to give advice and make recommendations to the chief inspector about—

(i)applications for authorities and security clearances; and

(ii)the investigation and enforcement of compliance with this Act; and

(iii)other matters about explosives as required by the chief inspector;

(g)to collect information about explosives incidents for reporting to the chief inspector or RSHQ and recording statistics;

(h)to liaise with persons from the explosives industry for promoting and improving the safe and secure handling of explosives.

(2)In this section—

government entity see the Public Sector Act 2022, section 276.

81   Powers of inspector

(1)An inspector is subject to the directions of—

(a)the CEO; and

(b)for an inspector other than the chief inspector—the chief inspector.

(2)The powers of an inspector may be limited—

(a)under a regulation; or

(b)under a condition of appointment; or

(c)by written notice given by the CEO to the inspector; or

(d)for an inspector other than the chief inspector—by written notice given by the chief inspector to the inspector.

82   Inspector’s appointment conditions

(1)An inspector holds office on the conditions stated in the instrument of appointment.

(2)An inspector—

(a)if the appointment provides for a term of appointment—stops holding office at the end of the term; and

(b)if the conditions of appointment provide—stops holding office when the inspector stops holding another office stated in the appointment conditions (the main office); and

(c)may resign by signed notice of resignation given to the CEO.

(3)However, an inspector may not resign from the office under this Act (the secondary office) if a term of employment to the main office requires the person to hold the secondary office.

Division 2 Powers of inspectors

Subdivision 1 Entry of places

83   Power to enter places

(1)An inspector may enter a place if—

(a)its occupier consents to the entry; or

(b)it is a public place and the entry is made when it is open to the public; or

(c)the entry is authorised by a warrant; or

(d)it is mentioned in an authority as a place of business and is—

(i)open for carrying on the business; or

(ii)otherwise open for entry; or

(iii)required to be open for inspection under the authority; or

(e)the inspector reasonably believes a dangerous situation exists at the place and it is necessary for the inspector to enter it to take action to prevent, remove or minimise the danger; or

(f)the entry is necessary to investigate the circumstances of an explosives incident at the place.

(2)For the purpose of asking the occupier of a place for consent to enter, an inspector may, without the occupier’s consent or a warrant—

(a)enter land around premises at the place to an extent that is reasonable to contact the occupier; or

(b)enter part of the place the inspector reasonably considers members of the public ordinarily are allowed to enter when they wish to contact the occupier.

(3)For subsection (1)(d), a place of business does not include a part of the place where a person resides.

Subdivision 2 Procedure for entry

84   Entry with consent

(1)This section applies if an inspector intends to ask an occupier of a place to consent to the inspector or another inspector entering the place.

(2)Before asking for the consent, the inspector must tell the occupier—

(a)the purpose of the entry; and

(b)that the occupier is not required to consent.

(3)If the consent is given, the inspector may ask the occupier to sign an acknowledgement of the consent.

(4)The acknowledgement must state—

(a)the occupier has been told—

(i)the purpose of the entry; and

(ii)that the occupier is not required to consent; and

142   Inspectors

(1)A person who, immediately before the commencement of this section, was the chief inspector of explosives, is taken to be the chief inspector for this Act.

(2)A person who, immediately before the commencement of this section, was an inspector under the former Act is taken to be an inspector under this Act.

143   References to Explosives Act 1952

In an Act or document, a reference to the Explosives Act 1952 may, if the context permits, be taken to be a reference to this Act.

Division 2 Transitional provision for Mining and Other Legislation Amendment Act 2007

144   Existing applications for an authority or renewal of licence

If, before the commencement of this section, an application was made under this Act for an authority, or renewal of a licence, and the application was not decided before the commencement of this section, the application must be decided by the chief inspector as if the application had been made after the commencement.

Division 3 Transitional provision for Mines and Energy Legislation Amendment Act 2011

145   Application of investigation costs provision to undecided appeals and reviews

(1)The investigation costs provision applies to a person being convicted of an offence against this Act regardless of when the offence against this Act was committed.

(2)Subsection (1) applies despite the following provisions—

(a)the Criminal Code, section 11(2);

(b)the Acts Interpretation Act 1954, section 20C.

(3)In this section—

investigation costs provision means section 122(1) as amended under the Mines and Energy Legislation Amendment Act 2011.

Division 4 Transitional and validation provision for Water Reform and Other Legislation Amendment Act 2014

146   Return of seized things

(1)New section 95 applies in relation to a thing seized under part 6 before the commencement that, on the commencement, is still seized.

(2)If, at any time before the commencement, a thing seized under part 6 was not returned to its owner within the time required under old section 95—

(a)the retention of the thing is taken to have been as lawful as it would have been apart from the non-compliance with old section 95; and

(b)the State is not liable to pay compensation, and does not incur any other liability, for the retention of the thing in contravention of old section 95.

(3)Subsection (2) applies for all purposes including a legal proceeding started before the commencement.

(4)In this section—

new section 95 means section 95 as in force from the commencement.

old section 95 means section 95 as in force from time to time before the commencement.

Division 5 Validation provision for Land and Other Legislation Amendment Act 2017

147   Validation of particular appointments

(1)This section applies if, before the commencement, a person was purportedly appointed or designated to any of the following offices (each a relevant office)—

(a)an inspector under section 78(1);

(b)for an inspector—the chief inspector under section 78(2).

(2)The person is declared to always have been validly appointed to the relevant office.

(3)Anything done or omitted to be done by the person that would have been valid and lawful under this Act had the person been validly appointed to the relevant office is taken to be, and always to have been, valid and lawful.

(4)Without limiting subsection (3), it is declared that evidence obtained by the person in the purported exercise of a power under this Act is taken to be, and always to have been, lawfully obtained.

Division 6 Transitional provisions for Land, Explosives and Other Legislation Amendment Act 2019

148   Definitions for division

In this division—

amendment Act means the Land, Explosives and Other Legislation Amendment Act 2019.

existing application see section 149(1).

former, in relation to a provision, means as in force immediately before the provision was amended or repealed by the amendment Act.

149   Existing applications for or to renew authorities

(1)This section applies in relation to the following applications (each an existing application)—

(a)an application for an authority made, but not decided, before the commencement;

(b)an application to renew an authority made, but not decided, before the commencement.

(2)Former part 3, division 1 continues to apply in relation to the application as if the amendment Act had not commenced.

(3)To remove any doubt, it is declared that—

(a)for deciding the application, section 15A does not apply to the applicant; and

(b)former sections 15 and 16 continue to apply in relation to the applicant and an employee of the applicant until the application is decided.

150   Particular authority holders taken to hold security clearances

(1)This section applies in relation to a security sensitive authority that—

(a)was in effect immediately before the commencement; or

(b)is given after the commencement for an existing application.

(2)If the holder of the security sensitive authority is an individual, the holder is, on the relevant day, taken to be the holder of a security clearance.

(3)If the holder of the security sensitive authority is a corporation other than a listed corporation, each executive officer of the corporation is taken, on the relevant day, to be the holder of a security clearance.

(4)If the holder of the security sensitive authority is a partnership, each partner is taken, on the relevant day, to be the holder of a security clearance.

(5)Subsections (6) and (7) apply if the holder of the security sensitive authority is a listed corporation.

(6)Within 2 months after the relevant day, the listed corporation must, by written notice given to the chief inspector, nominate an executive officer or employee of the corporation as the responsible person for the corporation for matters relating to explosives.

Maximum penalty—50 penalty units.

(7)On the day the nomination is received by the chief inspector, the responsible person for the listed corporation is taken to be the holder of a security clearance.

(8)Despite section 12E, a security clearance mentioned in subsection (2), (3), (4) or (7) expires on the earlier of the following—

(a)the day the security sensitive authority expires or is cancelled or surrendered or, if the authority is renewed, the day the renewed authority expires or is cancelled or surrendered;

(b)the day that is 5 years after the security clearance takes effect.

(9)In this section—

relevant day means—

(a)in relation to an authority that was in effect immediately before the commencement—the day this section commences; or

(b)in relation to an authority given after the commencement for an existing application—the day the authority takes effect.

151   Application of s 15A to particular persons

(1)This section applies in relation to the holder of a security sensitive authority—

(a)that was in effect immediately before the commencement; or

(b)that is given after the commencement for an existing application; or

(c)mentioned in paragraph (a) or (b) that is renewed after the commencement.

(2)Section 15A does not apply in relation to a person employed by the holder of the authority immediately before the commencement during the period—

(a)starting on the commencement; and

(b)ending on the day that is 2 years after the commencement.

152   Application of s 33 to particular persons

Section 33(1)(b) does not apply in relation to a person employed by the holder of a security sensitive authority immediately before the commencement during the period—

(a)starting on the commencement; and

(b)ending on the day that is 2 years after the commencement.

153   Application of explosives incident provisions

For an explosives incident that happened before the commencement, former sections 55, 56 and 58 apply to the incident.

Division 7 Transitional provisions for Resources Safety and Health Queensland Act 2020

154   Definitions for division

In this division—

corresponding provision, for a provision of the pre-amended Act, means a provision of this Act that provides for the same, or substantially the same, matter as the provision of the pre-amended Act.

pre-amended Act means this Act as in force before the commencement.

155   Functions performed and powers exercised by chief executive

A function performed, or power exercised, by the chief executive under a provision of the pre-amended Act, if the context permits, is taken to have been performed, or exercised, by the CEO under the corresponding provision.

156   References to chief executive

(1)This section applies if—

(a)a provision of the pre-amended Act mentioned the chief executive; and

(b)a corresponding provision mentions the CEO.

(2)In a document made under or relating to the provision of the pre-amended Act, if the context permits, a reference to the chief executive is taken to be a reference to the CEO.

157   Existing proceedings

(1)This section applies to the following proceedings started before the commencement—

(a)a proceeding for an offence against this Act started by—

(i)the Commissioner for Mine Safety and Health; or

(ii)the chief executive or another appropriately qualified person with the written authorisation of the chief executive;

(b)a proceeding for an injunction, interim injunction, or to rescind or vary an injunction, under the pre-amended Act, started by the Commissioner for Mine Safety and Health;

(c)an appeal against a decision made on a proceeding mentioned in paragraph (a) or (b).

(2)If, immediately before the commencement, the proceeding had not been finally dealt with, on the commencement—

(a)if the proceeding was brought by the Commissioner for Mine Safety and Health and is in relation to a serious offence within the meaning of section 118(7)—the WHS prosecutor becomes a party to the proceeding in place of the commissioner; and

(b)if the proceeding is a proceeding other than a proceeding mentioned in paragraph (a)—the CEO becomes a party to the proceeding in place of the person who started the proceeding.

(3)For a proceeding mentioned in subsection (2)(b), on the commencement or at any time after the commencement, the CEO may authorise in writing another appropriately qualified person, including, for example, the WHS prosecutor, to become a party to the proceeding in place of the CEO.

158   Costs of investigation

(1)This section applies if a court convicts a person of an offence against this Act after the commencement.

(2)The court may order the person to pay the reasonable costs of investigating the offence, including reasonable costs of preparing for the prosecution of the offence, whether the costs were incurred by the department or RSHQ, and whether the offence was committed before or after the commencement.

159   References to department

(1)This section applies if—

(a)a provision of the pre-amended Act mentioned the department; and

(b)a corresponding provision mentions RSHQ.

(2)In a document made under or relating to the provision of the pre-amended Act, if the context permits, a reference to the department is taken to be a reference to RSHQ.

Division 8 Transitional and validation provisions for Resources Safety and Health Legislation Amendment Act 2024

160   Definitions for division

In this division—

former, for a provision of this Act, means the provision as in force from time to time before the commencement.

new, for a provision of this Act, means the provision as in force from the commencement.

161   Notice given to chief inspector about import or export of explosive before commencement

(1)This section applies if—

(a)before the commencement, an authority holder gave the chief inspector a notice under former section 37 about an import explosive or an export explosive; and

(b)immediately before the commencement, the import or export of the explosive was not complete.

(2)The notice is taken to have been given by the authority holder under new section 37(2).

(3)To remove any doubt, it is declared that new section 37(5) applies to the authority holder from the commencement.

162   Notice limiting powers of inspector given by Minister before commencement

(1)This section applies if—

(a)before the commencement, the Minister gave a notice limiting the powers of an inspector under former section 81(2)(c); and

(b)immediately before the commencement, the notice was in effect.

(2)The notice is taken to have been given by the CEO under new section 81(2)(c).

163   Direction given by Minister to authorised officer before commencement

(1)This section applies if—

(a)before the commencement, the Minister gave a direction to an authorised officer under former section 105E(3); and

(b)immediately before the commencement, the direction was in effect.

(2)The direction is taken to have been given by the CEO under new section 105E(3).

164   Validation of security sensitive authority issued to Queensland Police Service contrary to s 15A

(1)This section applies if—

(a)before the commencement, the chief inspector made a decision under section 17(1)(a) to issue a security sensitive authority to the Queensland Police Service; and

(b)the Queensland Police Service was not an appropriate person to hold, or continue to hold, the security sensitive authority under section 15A(2) because an employee of the Queensland Police Service—

(i)had or would have had unsupervised access to an explosive in the course of the employee’s employment; and

(ii)did not hold a security clearance.

(2)Each of the following things is taken to be, and always to have been, as valid as it would have been if each employee of the Queensland Police Service did not have or would not have had unsupervised access to an explosive in the course of the employee’s employment and each employee of the Queensland Police Service held a security clearance—

(a)the making of the decision to issue the security sensitive authority;

(b)the security sensitive authority;

(c)anything done under the security sensitive authority whether before or after the commencement;

(d)an omission of the chief inspector to suspend or cancel the security sensitive authority under section 23(1)(d) because the Queensland Police Service was not an appropriate person to hold, or continue to hold, the security sensitive authority under section 15A(2).

165   Validation of security sensitive authority issued to government entity or Commonwealth entity contrary to s 17

(1)This section applies if—

(a)before the commencement, the chief inspector made a decision under section 17(1)(a) to issue a security sensitive authority to a government entity or a Commonwealth entity; and

(b)each executive officer of the government entity or the Commonwealth entity did not hold a security clearance as required under section 17(2)(c).

(2)Each of the following things is taken to be, and always to have been, as valid as it would have been if each executive officer of the government entity or the Commonwealth entity did hold a security clearance as required under section 17(2)(c)—

(a)the making of the decision to issue the security sensitive authority;

(b)the security sensitive authority;

(c)anything done under the security sensitive authority whether before or after the commencement;

(d)an omission of the chief inspector to suspend or cancel the security sensitive authority under section 23(1)(k) because each executive officer of the government entity or the Commonwealth entity did hold a security clearance as required under section 17(2)(c).

166   Limitation period for starting prosecution

(1)New section 118(7) applies only in relation to a proceeding for an offence against this Act alleged to have been committed after the commencement.

(2)Former section 118(6) continues to apply in relation to a proceeding for an offence against this Act alleged to have been committed before the commencement despite the amendment of former section 118(6) by the Resources Safety and Health Legislation Amendment Act 2024.

Part 11    [Repealed]

(Repealed)

Schedule 2 Dictionary

section 3

ammunition includes bombs, grenades, rockets, mines, projectiles and other similar devices and all types of cartridges (including blanks) used in firearms.

appropriately qualified, in relation to the exercise of a power, includes having the qualifications, experience or standing to exercise the power.

Example of standing—

the level at which a person is employed in the employing office established under the Resources Safety and Health Queensland Act 2020

approved form see section 134.

authorised explosive means an explosive declared under section 8 to be an authorised explosive.

authorised officer means a person who is appointed as an authorised officer under this Act.

authority means a licence, permit or another authority issued under this Act.

biometric information, for a person, for part 8, division 1A, see section 123R.

blasting explosive means an explosive used for blasting or producing a similar effect.

Examples of a blasting explosive—

•a booster within the meaning of AS 2187.0—1998 (Explosives—Storage, transport and use, Part 0: Terminology)

•a cartridge, plug or stick within the meaning of AS 2187.0—1998 (Explosives—Storage, transport and use, Part 0: Terminology)

•a detonator

•a detonating cord

•an explosive that consists of a mixture of ammonium nitrate and fuel oil in a proportion that achieves blasting

•TNT

board of inquiry means a board of inquiry established under section 60.

boat ...

causes, for part 4A, see section 54A(2).

CEO means the chief executive officer of RSHQ.

charge, for an offence, means a charge in any form, including, for example, the following—

(a)a charge on an arrest;

(b)a notice to appear served under the Police Powers and Responsibilities Act 2000, section 382;

(c)a complaint under the Justices Act 1886;

(d)a charge by a court under the Justices Act 1886, section 42(1A) or another provision of an Act;

(e)an indictment.

chief inspector means the inspector designated by the CEO as the chief inspector for this Act.

commissioner means the commissioner of the police service.

commissioner for mine safety and health ...

Commonwealth entity means—

(a)an entity established under an Act or another law of the Commonwealth for a public or Commonwealth purpose; or

(b)part of an entity mentioned in paragraph (a).

conduct, for part 4A, see section 54A(1).

conviction includes a finding of guilt or the acceptance of a plea of guilty by a court, whether or not a conviction is recorded.

criminal history, of a person—

(a)means the person’s criminal history within the meaning of the Criminal Law (Rehabilitation of Offenders) Act 1986; and

(b)despite sections 6, 8 and 9 of that Act, includes a conviction of the person to which any of the sections applies; and

(c)despite section 5 of that Act, includes a charge made against the person for an offence, unless the charge has been dealt with by a court, or withdrawn or otherwise discontinued.

dangerous situation means a situation that is likely to result in the death of or injury to a person, damage to property or harm to the environment if action is not taken to prevent, remove or minimise the danger.

dangerous situation notice see section 103.

destroy, in relation to biometric information, for part 8, division 1A, see section 123R.

determination see section 51A(1)(b).

digital photo, of a person, means the person’s facial image encoded in a digital form.

digitised signature, of a person, means the person’s signature encoded in a digital form.

domestic violence order means—

(a)a domestic violence order under the Domestic and Family Violence Protection Act 2012; or

(b)an interstate domestic violence order.

employee ...

employer, for part 4A, see section 54A(1).

enforceable undertaking see section 123A(1).

executive officer, of a corporation, means a person who is concerned with, or takes part in, the corporation’s management, whether or not the person is a director or the person’s position is given the name of executive officer.

explosive includes—

(a)a substance or a thing containing a substance, manufactured or used with a view to produce—

(i)a practical effect by explosion; or

(ii)a pyrotechnic effect; and

(b)a substance or thing declared under a regulation to be an explosive.

Examples of explosives—

ammunition, detonators, gunpowder, nitroglycerine, pyrotechnics (including fireworks)

explosives factory means a place described in an explosives manufacturer licence where explosives are manufactured under the license.

explosives incident means any of the following events involving an explosive—

(a)an explosive is, or appears to have been, lost or stolen;

(b)the attempted theft of an explosive or another incident that threatens the security of an explosive from access by a person who should not have access to the explosive;

(c)an accidental explosion, fire or spillage;

(d)the death of or an injury to a person;

(e)unexpected damage to property;

(f)an event, including a misfire, with the potential to cause any of the events mentioned in paragraphs (a) to (e), other than an event that normally happens when handling or using an explosive.

explosives trial approval see section 12.

export explosive see section 35.

external review, for a decision, means a review of the decision by QCAT under the QCAT Act.

firearm means a gun or other thing ordinarily described as a firearm.

firework means an explosive containing a pyrotechnic substance used for producing a visual or aural effect for the purposes of entertainment.

former Act means the Explosives Act 1952.

government entity means a State government department or an agency, authority, commission, corporation, instrumentality, office or other entity, established under an Act or other authorisation for a public or State purpose, and includes part of a government entity.

government magazine means a place declared to be a government magazine under section 46(1).

handle, an explosive, includes—

(a)bring the explosive into the State from another country or send the explosive from the State to another country; and

(b)manufacture, possess, sell, store, transport or use the explosive.

holder, of an authority, means the person to whom it is issued or transferred.

import explosive see section 35.

information notice means a notice complying with the QCAT Act, section 157(2).

inspector means a person who is appointed as an inspector under this Act.

interstate domestic violence order means an interstate order or registered foreign order under the Domestic and Family Violence Protection Act 2012, part 6, whether or not the order is a recognised interstate order under that Act.

issue an authority includes renew an authority.

licence means an authority prescribed under a regulation to be a licence.

licensed dealer see the Weapons Act 1990, schedule 2.

listed corporation see the Corporations Act, section 9.

magazine means a place used to keep or store explosives, and includes anything else used to keep the explosives safe and secure.

manufacture an explosive includes—

(a)take a step or process for producing an explosive; and

(b)remake or recondition an explosive; and

(c)alter the chemical or physical nature of an explosive; and

(d)break up or sort out explosives.

occupational authority means an authority prescribed by regulation that is held by an individual.

offender, for part 8, division 1AB, see section 123H.

official means—

(a)the Minister; or

(b)the CEO; or

(c)the WHS prosecutor; or

(d)an inspector; or

(e)a person acting under the direction of an inspector; or

(f)a person helping an inspector in a dangerous situation; or

(g)an authorised officer.

package means a barrel, box, canister, case, tin, or another container, and includes anything by which goods may be cased, covered, enclosed, contained, or packed.

permit means a permit under this Act that is in force.

place includes the following—

(a)premises;

(b)vacant land;

(c)a place in Queensland waters;

(d)a place held under more than 1 title or by more than 1 owner;

(e)the land or water on or in which a building or other structure, or a group of buildings or other structures, is situated.

place of seizure see section 90A(1)(a).

police protection notice means—

(a)a police protection notice under the Domestic and Family Violence Protection Act 2012; or

(b)an interstate domestic violence order given by a police officer.

possess an explosive includes—

(a)have custody or control of the explosive; and

(b)have an ability or right to obtain custody or control of the explosive.

premises includes the following—

(a)a building or other structure;

(b)a part of a building or other structure;

(c)a caravan or vehicle;

(d)a cave or tent;

(e)premises held under more than 1 title or by more than 1 owner.

prepare an explosive for use includes—

(a)prepare a charge for the explosive; and

(b)do anything to an explosive (including charge it) so it can be exploded; and

(c)attempt to do an act mentioned in paragraph (a) or (b).

prescribed activity means an activity that is, or is associated with, the handling of explosives.

prescribed explosive see section 38(3).

prohibited explosive means an explosive declared under a regulation to be a prohibited explosive.

propellant powder means an explosive, used to launch or propel a device, that is—

(a)a dry explosive containing potassium or sodium nitrate, charcoal and sulfur that, under normal conditions, burns rather than explodes; or

(b)a granular powder containing—

(i)nitrocellulose and other ingredients; or

(ii)nitrocellulose, nitroglycerine and other ingredients.

psychologist means a person registered under the Health Practitioner Regulation National Law to practise in the psychology profession, other than as a student.

public place means any place that is—

(a)a public road; or

(b)a place the public is entitled to use; or

(c)a place open to, or used by, the public (whether or not on payment of money).

Public Safety Preservation Act declaration, for part 6, division 2, subdivision 7, see section 105A.

pyrotechnic substance means a substance used to produce an effect by heat, light, sound, gas or smoke as a result of an exothermic chemical reaction that does not rely on oxygen from an external source to sustain the reaction.

qualified weapons employee has the meaning given by the Weapons Act 1990, section 70(2).

Queensland Government website means a website with a URL that contains ‘qld.gov.au’, other than the website of a local government.

reasonably believe means believe on grounds that are reasonable in the circumstances.

reasonably satisfied means satisfied on grounds that are reasonable in the circumstances.

release conditions see the Domestic and Family Violence Protection Act 2012, section 125(2).

relevant application, for part 8, division 1A, see section 123Q(1).

relevant person, for explosives involved in an explosives incident, see section 55.

remedial action notice see section 102.

reprisal see section 126A.

responsible person, for a listed corporation, means an executive officer or employee of the corporation who is nominated, by written notice given to the chief inspector, by the corporation as the responsible person for the corporation for matters relating to explosives.

RSHQ means the statutory body called Resources Safety and Health Queensland established under the Resources Safety and Health Queensland Act 2020, section 5.

security clearance means a security clearance under part 3, division 1AA.

security sensitive authority means an authority in relation to a security sensitive explosive.

security sensitive explosive means—

(a)ammunition, other than small arms ammunition, that contains an explosive; or

(b)a blasting explosive; or

(c)a firework, other than a firework prescribed by regulation; or

(d)a propellant powder; or

(e)a pyrotechnic substance used in a firework; or

(f)another explosive prescribed by regulation that—

(i)if used, could cause the death of a person or serious personal injury; or

(ii)could be readily adapted for use in a device that, if used, could cause the death of a person or serious personal injury.

seized thing see section 91.

sell includes—

(a)sell by wholesale or retail; and

(b)supply in trade or commerce or under an arrangement; and

(ba)supply in another way, including by gift or exchange; and

(c)agree, attempt or offer to sell; and

(d)keep or expose for sale; and

(e)cause or permit to be sold.

senior officer, of an employer, for part 4A, see section 54A(1).

serious explosives incident means an explosives incident that causes, or could reasonably be expected to cause—

(a)the death of a person; or

(b)a person to be admitted to a hospital as an in-patient for treatment for the injury.

small arms ammunition means—

(a)ammunition for—

(i)a shotgun; or

(ii)another firearm with a calibre of no more than 25.4mm; or

(b)primers (cap type) used for reloading the ammunition.

store an explosive includes—

(a)keep an explosive; and

(b)allow an explosive to be stored or kept.

substance includes a gas, gas mixture, liquid, liquid mixture, and a solid in solution and in equilibrium with the solution.

take, in relation to biometric information, for part 8, division 1A, see section 123R.

trade or commerce includes—

(a)a business activity; and

(b)anything else done for gain or reward.

unauthorised explosive means an explosive that is not included in the register of authorised explosives.

unlawfully enter an explosives factory or magazine, means enter the factory or magazine—

(a)without the permission of—

(i)the holder of an authority in relation to the explosives factory or magazine; or

(ii)the person in charge of the explosives factory or magazine; or

(iii)another person prescribed by regulation; or

(b)without authority given under this Act or another Act.

vehicle includes any thing capable of transporting people or things by road, rail, air or water, including a hovercraft, and it does not matter how the thing is moved or propelled.

WHS prosecutor see the Work Health and Safety Act 2011, schedule 2, section 25.