Explosives Act Amendment Act 1978 (Qld)

419 ANNO VICESIMO SEPTIMO ELIZABETHAE SECUNDAE REGINAE No. 53 of 1978 An Act to amend the Explosives Act 1952-1975 in certain particulars [ ASSENTED TO 22ND AUGUST, 1978] 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 citation . (1) This Act may be cited as the Explosives Act Amendment Act 1978. (2) The Explosives Act 1952-1975 is in this Act referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Explosives Act1952-1978. 2. Amendment of s. 8. Section 8 of the Principal Act is amended by, in subsection (1), inserting after the term " Package " and its meaning the following term and meaning-.- "Permit "-A permit granted under this Act and in force at the material time;".

420 Explosives Act Amendment Act 1978, No. 53 3. New s. 12A. The Principal Act is amended by inserting after section 12 the following section:- " 12A. Permits. (1) The Chief Inspector or a member of the Queensland Police Force authorized by the Chief Inspector may, upon application duly made, grant to prescribed persons permits of prescribed classes. (2) An application for a permit under this section- (a) shall be in the prescribed form; (b) shall contain the prescribed particulars; (c) shall be accompanied by the prescribed fee. (3) A permit under this section- (a) shall be in the prescribed form; (b) shall contain the prescribed particulars; (c) shall authorize the holder thereof to do such acts and things as are prescribed with respect thereto; (d) shall be in force for the prescribed period; (e) shall be subject to such terms, conditions or restrictions as are prescribed or so far as not prescribed as the Minister in a particular case determines; (f) may be renewed; (g) may be revoked at any time. (4) Where a permit granted under this section is revoked, it shall thereupon cease to be of any force or effect and shall be treated as if the period for which it was granted had expired.". 4. Amendment of s. 22. Section 22 of the Principal Act is amended by, in the proviso to subsection (1)- (a) in provision (ii), omitting the expression " magazine." and substituting the expression "magazine;"; (b) inserting after provision (iii) the following provision:- ( I (iv) The manufacture at a prescribed place other than a factory of an explosive consisting of- (A) a mixture of ammonium nitrate with any prescribed carbonaceous or organic substance; (B) a mixture formed by mixing ammonium nitrate to which has been added a prescribed inert substance with any prescribed carbonaceous or organic substance, in either case, with or without water or a prescribed metal powder.". 5. Amendment of s. 35A. Section 35A of the Principal Act is amended by- (a) in the note in and at the beginning of the section, inserting after the word " person " the words " or permittee "; (b) in subsection (1), (i) omitting the word " current " wherever occurring; (ii) inserting after the words " (restricted) license " the words " or an appropriate permit, in each case in force at the material time ".

Explosives Act Amendment Act 1978, No. 53 421 6. Amendment of s. 48 . Section 48 of the Principal Act is amended by in subsection (1), (a) in subparagraph (iv) of the second paragraph- (i) inserting after the word " cancellation," the word " revocation "; (ii) inserting after the words " this Act; " where secondly occurring the words " prescribing the classes of licenses, certificates or permits that may be granted under this Act and persons to whom such licenses, certificates or permits may be granted; "; (iii) inserting after the word " cancelled," the word " revoked "; (b) inserting after subparagraph (xiv) the following subparagraph:- " (xiva) Fees and other charges. Providing for the payment of fees, charges, allowances, costs and expenses in respect of anything done under or for the purposes of this Act other than those specifically provided for in subparagraphs (iv), (vii) and (viii) and the fixing thereof; matters and things in respect of which they are payable or to be paid; manner, time and place of payment thereof; persons by whom and to whom they are payable;".