Explosives Act Amendment Act 1975 (Qld)

604 (QtittrZc`Ytibr ANNO VICESIMO QUARTO ELIZABETHAE SECUNDAE REGINAE No. 62 of 1975 An Act to amend the ExplosivesAct 1952-1974 in certain particulars [ASSENTED TO 28TH NOVEMBER, 1975] BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. Short title and citatioe . (1) This Act may be cited as the Explosives Act Amendment Act 1975. (2) In this Act the Explosives Act1952-1974 is referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Explosives Act1952-1975.

Explosives Act Amendment Act 1975, No. 62 605 2. Amendment of s. 8. Section 8 Of the Principal Act is amended by, in subsection (I)- (a) inserting before the definition " Chief Inspector " the following definition:- "Air-cushion vehicle "-A vehicle which is designed to be supported when in motion wholly or partly by air expelled from the vehicle to form a cushion the boundaries of which include the ground, water or other surface beneath the vehicle;"; (b) omitting the definition " Manufacture " and substituting the following definition:- " " Manufacture "-Includes- (a) every step and process in the course of the production of an explosive; (b) the remaking or reconditioning of an explosive; (c) the alteration of the chemical or physical nature of an explosive; (d) the breaking up or sorting out of explosives;"; (c) omitting the definition " Substance " and substituting the following definition:- Substance "-Without limiting the generality of its meaning includes any gas, liquid, gas mixture, liquid mixture and any solid in solution and in equilibrium with that solution;"; (d) adding at the end of the definition " Vessel " the words " and any air-cushion vehicle ". 3. Amendment of s. 14. Section 14 of the Principal Act is amended by, in subsection (])- (a) renumbering provision (xi) as provision (xii); (b) inserting after provision (x) the following provision:- (xi) Supervise and control the discharge from or loading into any vessel of explosives, which have been or are to be transported by sea, save when such an operation is being supervised and controlled under the authority of Part XII of the Queensland Marine Act 1958-1972.". 4. Amendment of s. 22. Section 22 of the Principal Act is amended by- (a) in the proviso to subsection (1), adding after provision (ii) the following provision:- (iii) The manufacture at the working face in a mine of an explosive consisting only in the alteration of the physical nature of the explosive "; (b) adding at the end of the section the following subsection:- " (4) The Chief Inspector may, orally or in writing, require a person holding a license under this Act to furnish to him within a time specified by him in his requisition such particulars concerning the manufacture, sale or disposal of explosives by or on behalf of such person as the Chief Inspector specifies in his requisition. A person to whom a requisition is duly directed under this subsection shall comply with the requisition save where his failure so to do is justified as, prescribed.

606 Explosives Act Amendment Act 1975, No. 62 A failure by any person to whom a requisition is directed under this subsection to comply with that requisition shall be taken to be justified if- (a) the particulars sought by the Chief Inspector are not available to such person; and (b) he is not under a duty to keep such particulars.". 5. Amendment of s. 23. Section 23 of the Principal Act is amended by, in provision (i), adding after the words " that explosive " the words " on, in or by means of that vehicle or vessel ". 6. Amendment of s. 26. Section 26 of the Principal Act is amended by, in subsection (4)- (a) renumbering provision (ii) as provision (iii); (b) inserting after provision. (i) the following provision:- " (ii) By an inspector at any place for testing purposes; ". 7. New s. 35A. The Principal Act is amended by, in Part VII, inserting after section 35 the following section:- " 35A. Explosives to be used by inspector or licensed person. (1) A person shall not prepare for use or fire, detonate or cause to be otherwise exploded (a) a prescribed explosive; or (b) an explosive for the purpose of blasting or producing a similar effect, unless he is an inspector or the holder of a current shotfirer's license or a current shotfirer's (restricted) license. This subsection shall not come into operation until a -date six months after the passing of the Explosives Act Amendment Act 1975. (2) Subsection (1) does not apply to the preparation for use or the use of an explosive by a person to whom the provisions of the Mines Regulation Act1964-1968 or the Coal Mining Act1925-1974 or The Petroleum Acts, 1923 to 1967, apply. (3) A person shall not prepare for use or use an explosive for the purpose of blasting or producing a similar effect save as prescribed by the regulations." 8. Amendment of s. 48 . Section 48 of the Principal Act is amended by, in subsection (1), inserting in subparagraph (iv) after the words " this Act; " the words " prescribing the persons who are qualified (by examination or otherwise) and entitled to be granted and to hold licenses of the different classes under this Act; ". 9. Amendment of s. 49. Section 49 cf the Principal Act is amended by adding at the end of the section the following subsection:- " (4) The power of the Governor in Council to make regulations under this Act includes and shall be taken always to have included power to adopt, wholly or in part, in relation to any matter provided for by the regulations any of the standard rules, codes or specifications of the bodies known as the Standards Association of Australia, the British Standards Institution or a like body identified in the regulations.".

Explosives Act Amendment Act 1975, No. 62 607 10. Amendments in relation to penalties . The provision of the Principal Act specified in the first column of the following Table is amended by omitting the words specified in the second column thereof opposite to that provision and substituting the expression specified in the third column thereof opposite to that provision- TABLE Amended Provision Omit Substitute Section 38 (2) (a ) Section 44 ( 2) Section 48 (1) (xv ) one hundred pounds one hundred and fifty pounds one hundred pounds $500 $500 $500