Explosives Amendment Regulation (No. 1) 2006 (Qld)

Queensland Explosives Amendment Regulation (No. 1) 2006 Subordinate Legislation 2006 No. 108 made under the ExplosivesAct1999 Contents Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Amendment of s 6 (Substances declared to be explosives). . . . . 3 4 Insertion of new s 21A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 21A Operation of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 5 Amendment of s 31 (What fireworks contractor licence authorises) ..................................... 3 6 Amendment of s 32 (What fireworks operator licence authorises) 3 7 Amendment of s 66 (Prescribed explosives and conditions—Act, s 38(3)) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 8 Amendment of s 75 (Authorised persons to whom explosives may be sold) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 9 Insertion of new ss 78A to 78C . . . . . . . . . . . . . . . . . . . . . . . . . . 4 78A Requirement to report suspect or unusual request to purchase security sensitive explosive . . . . . . . . . . . . 4 78B Restriction on holder of licence selling security sensitive explosive to new client. . . . . . . . . . . . . . . . . 5 78C Restriction on holder of licence selling security sensitive explosive to existing client . . . . . . . . . . . . . . 8 10 Amendment of s 79 (Requirements for holder of licence to sell explosives) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 11 Insertion of new ss 79A and 79B . . . . . . . . . . . . . . . . . . . . . . . . . 10

2 Explosives Amendment Regulation (No. 1) 2006 No. 108, 2006 79A Record-keeping obligations of holder of licence to sell explosives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 79B Security plan obligations of holder of licence to sell explosives. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 12 Amendment of s 80 (Offences about purchasing explosives) . . . 11 13 Insertion of new pt 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Part 12 Transitional provisions for Explosives Amendment Regulation (No. ..) 2006 155 Definition for pt 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 156 Transitional provisions for existing clients of existing licensed seller. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 157 Deferral of security plan obligations for existing licensed seller. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 14 Amendment of sch 7 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 13

s1 3 s6 Explosives Amendment Regulation (No. 1) 2006 No. 108, 2006 1 Short title This regulation may be cited as the Explosives Amendment Regulation (No. 1) 2006 . 2 Regulation amended This regulation amends the Explosives Regulation 2003. 3 Amendment of s 6 (Substances declared to be explosives) Section 6(1)— insert— ‘(c) security sensitive ammonium nitrates.’. 4 Insertion of new s 21A Part 3, division 2— insert— ‘21A Operation of div 2 ‘(1) This division provides for what each type of authority authorises. ‘(2) However, each authorisation under this division is subject to any relevant restrictions or prohibitions under this regulation or a condition or other provision of the authority.’. 5 Amendment of s 31 (What fireworks contractor licence authorises) Section 31(b) and (d), ‘contractor— omit, insert— ‘operator’. 6 Amendment of s 32 (What fireworks operator licence authorises) Section 32—

s7 4 s9 Explosives Amendment Regulation (No. 1) 2006 No. 108, 2006 insert— ‘(2) To remove any doubt, it is declared that a fireworks operator licence does not authorise the holder of the authority to purchase fireworks.’. 7 Amendment of s 66 (Prescribed explosives and conditions—Act, s 38(3)) Section 66(3)— omit. 8 Amendment of s 75 (Authorised persons to whom explosives may be sold) Section 75— insert— ‘(e) a fireworks contractor to whom the explosive may be sold under the conditions of the fireworks contractor licence.’. 9 Insertion of new ss 78A to 78C After section 78— insert— ‘78A Requirement to report suspect or unusual request to purchase security sensitive explosive ‘(1) This section applies if— (a) the holder of a licence to sell explosives receives a request from someone else to purchase a security sensitive explosive, whether or not the other person is identified; and (b) the request could reasonably give rise to a suspicion that— (i) the proposed purchase or the use of the explosive after the proposed purchase may not comply with the Act; or (ii) the proposed purchase is unusual.

s9 5 s9 Explosives Amendment Regulation (No. 1) 2006 No. 108, 2006 ‘(2) The holder must immediately give the chief inspector notice of all details the holder has of the request and the other person. Maximum penalty—200 penalty units. ‘(3) The circumstances that could reasonably give rise to a suspicion under subsection (1)(b) include, but are not limited to, the following— (a) a request for a cash sale; (b) the amount of the explosive is unusual, having regard to relevant industry conventions; (c) the stated proposed use of the explosive is unusual; Example — using blasting explosives for special effects like blowing up a car, outside relevant industry conventions (d) the stated proposed location of the proposed use is unusual; Examples — • a proposed use of a large amount of a security sensitive explosive in a major commercial area • a proposed use of a security sensitive explosive to blow up a car in a shopping centre (e) the other person holds a licence of a particular type and the request is to purchase a security sensitive explosive for a purpose and use not allowed under that type of licence; (f) the request shows an absence by the other person of a detailed knowledge of security sensitive explosives or the use of particular security sensitive explosives. ‘78B Restriction on holder of licence selling security sensitive explosive to new client ‘(1) This section applies if the holder of a licence to sell explosives (the seller ) proposes to— (a) sell a security sensitive explosive to someone (the new client ) to whom the seller has not previously sold a security sensitive explosive; or

s9 6 s9 Explosives Amendment Regulation (No. 1) 2006 No. 108, 2006 (b) supply a security sensitive explosive to an employee mentioned in section 39(1) 1 (also the new client ) if the new client’s employer is someone to whom the seller has not previously sold a security sensitive explosive. Note — Under section 39(2), the employee is, in particular circumstances, taken to be the holder of particular authorities held by the employer. ‘(2) The seller must not sell or supply the explosive to the new client unless subsections (3) to (7) have been complied with. Maximum penalty—200 penalty units. ‘(3) The seller must— (a) obtain each of the following— (i) the new client’s name and address (the personal details ); (ii) the new client’s telephone number or other electronic contact details; (iii) a document that bears the new client’s signature signed in the seller’s presence or a certified copy of a document bearing the new client’s signature; (iv) a signed statement by the new client about how the new client proposes to use the explosive (the proposed use ); (v) if the new client is an employee mentioned in section 39(1)— (A) written evidence of the matters mentioned in section 39(1); and (B) the telephone number or other electronic contact details of the new client’s employer (also the personal details ); and (b) obtain a certified copy of— 1 Section 39 (Employees of particular authority holders taken to be holders of authority)

s9 7 s9 Explosives Amendment Regulation (No. 1) 2006 No. 108, 2006 (i) documentary evidence confirming the personal details; and Example of documentary evidence that may confirm the personal details — a current driver’s licence held by the new client (ii) the licence under the Act or the Weapons Act 1990 held by the new client that authorises the new client to purchase the explosive from the seller (the client’s licence ); and (c) make a written record (the client record ) of— (i) the personal details; and (ii) the telephone number or other electronic contact details obtained; and (iii) the following for each document obtained under paragraph (b)(i)— (A) a description of its nature or type; Example — ‘driver’s licence’ (B) any identifying number; (C) any date of its issue; (D) details that allow the person who apparently issued it to be identified; and (iv) the type of the client’s licence and any expiry date stated on it. ‘(4) The documentary evidence obtained under subsection (3)(b)(i)— (a) must not appear to have been forged or tampered with; and (b) must include— (i) a name and address that matches the name and address given by the new client; and (ii) a signature that apparently matches the signature mentioned in subsection (3)(a)(iii); and (iii) a photo of the new client.

s9 8 s9 Explosives Amendment Regulation (No. 1) 2006 No. 108, 2006 ‘(5) After complying with subsection (3), the seller must give the chief inspector— (a) a request in the approved form asking the chief inspector to validate the new client’s identity and the client’s licence; and (b) copies of the documents required to be obtained under subsection (3) and of the client record. ‘(6) The seller must not proceed with the proposed sale or supply unless the chief inspector gives the seller notice that the chief inspector has validated the new client’s identity and the client’s licence. ‘(7) Subsections (5) and (6) do not apply if the explosive is propellant powder and the client’s licence is a licence under the Weapons Act 1990 that authorises the proposed use. ‘78C Restriction on holder of licence selling security sensitive explosive to existing client ‘(1) This section applies if the holder of a licence to sell explosives (the seller ) proposes to— (a) sell a security sensitive explosive to someone (the client ) to whom the seller has previously sold a security sensitive explosive; or (b) supply a security sensitive explosive to an employee mentioned in section 39(1) 2 (also the client ) if the client’s employer is someone to whom the seller has previously sold a security sensitive explosive. ‘(2) The seller must not sell or supply the explosive to the client unless the seller has previously complied with section 78B(2) for the client, as a new client under that section. Maximum penalty—200 penalty units. ‘(3) Also, if— (a) the client’s licence mentioned in section 78B(3)(b)(ii) expires; or 2 Section 39 (Employees of particular authority holders taken to be holders of authority)

s 10 9 s 10 Explosives Amendment Regulation (No. 1) 2006 No. 108, 2006 (b) the chief inspector gives the seller a notice that the client’s licence has been cancelled or suspended; the seller must not sell or supply the explosive to the client unless subsections (4) to (7) have been complied with. Maximum penalty—200 penalty units. ‘(4) The seller must— (a) obtain a certified copy of the licence under the Act or the Weapons Act 1990 held by the client that authorises the client to purchase the explosive from the seller (the new licence ); and (b) update the client record for the client made under section 78B(3)(c) to include the new licence and any expiry date stated on it. ‘(5) After complying with subsection (3), the seller must give the chief inspector— (a) a request in the approved form asking the chief inspector to validate the new licence; and (b) a copy of the certified copy of the new licence. ‘(6) The seller must not proceed with the proposed sale or supply unless the chief inspector gives the seller notice that the chief inspector has validated the new licence. ‘(7) Subsections (5) and (6) do not apply if the explosive is propellant powder and the new licence is a licence under the Weapons Act 1990 that authorises the proposed use.’. 10 Amendment of s 79 (Requirements for holder of licence to sell explosives) (1) Section 79(1)(a), ‘keep’— omit, insert — ‘make’. (2) Section 79(2)— insert— ‘(e) details of when and where the explosives were given to the purchaser.’.

s 11 10 s 11 Explosives Amendment Regulation (No. 1) 2006 No. 108, 2006 11 Insertion of new ss 79A and 79B After section 79— insert— ‘79A Record-keeping obligations of holder of licence to sell explosives ‘(1) This section applies to a person who holds a licence to sell explosives. ‘(2) The person must keep each record required to be made under section 78B(3)(c) or 79 or updated under section 78C(4)(b) for 5 years from when the record is made or updated. Maximum penalty—200 penalty units. ‘(3) Subsection (2) continues to apply to the person even if the licence ends. ‘(4) The person must, within 7 days after the end of each month, give the chief inspector a copy of each record the person made under section 79 for that month. Maximum penalty—200 penalty units. ‘(5) If the licence ends and is not renewed, subsection (4) ceases to apply to the person at the end of the second month after the licence ends. ‘79B Security plan obligations of holder of licence to sell explosives ‘(1) The holder of a licence to sell explosives must— (a) make a written security plan for security sensitive explosives sold or to be sold by the holder that complies with subsection (2); and (b) comply with the plan, or any revision of the plan under subsection (3). Maximum penalty—200 penalty units. ‘(2) The security plan must include processes that ensure— (a) the explosives are kept secure; and (b) the chain of possession of all of the explosives can be traced from the holder to their purchaser, at the place to

s 12 11 s 12 Explosives Amendment Regulation (No. 1) 2006 No. 108, 2006 which they were required to be delivered under the relevant contract; and (c) the explosives are delivered to the purchaser; and Example — If the purchaser is an employer to whom section 42 applies, the security plan must ensure any individual to whom the explosives are delivered is authorised, under the employer’s safety management system, to have access to and receive them for the employer. (d) records are kept that allow auditing of compliance with the plan. Maximum penalty—200 penalty units. ‘(3) The holder must revise the security plan if an event happens that shows a security sensitive explosive sold by the holder has not been— (a) kept secure; or (b) able to be traced as mentioned in subsection (2)(b); or (c) delivered to its purchaser. Maximum penalty—200 penalty units. ‘(4) The holder must, as soon as practicable after making or revising the security plan, give the chief inspector a copy of the plan or revised plan. Maximum penalty—200 penalty units. ‘(5) In this section— revise means amend or remake.’. 12 Amendment of s 80 (Offences about purchasing explosives) Section 80— insert— ‘(3) A person purchasing a security sensitive explosive must, as soon as practicable after receiving it, give the seller notice of its receipt. Maximum penalty—200 penalty units.’.

s 13 12 s 13 Explosives Amendment Regulation (No. 1) 2006 No. 108, 2006 13 Insertion of new pt 12 After section 154— insert— ‘Part 12 Transitional provisions for Explosives Amendment Regulation (No. 1) 2006 ‘155 Definition for pt 12 ‘In this part— existing licensed seller means the holder of a licence to sell explosives that was in force immediately before 2 June 2006 . ‘156 Transitional provisions for existing clients of existing licensed seller ‘(1) An existing licensed seller is taken to have complied with section 78C(2) 3 for an existing client of the seller if, before 2 June 2006— (a) the seller gave the chief inspector documents, however called, that are the same, or substantially the same, as a validation request and all of the validation documents for the client; and (b) the chief inspector gave the seller a notice to the same, or substantially the same, effect as a validation notice for the client. ‘(2) Subsections (3) to (5) apply if, before 2 June 2006— (a) an existing licensed seller made a written request of the chief inspector for an existing client of the seller to the same effect as a validation request for the client; but (b) the existing seller had not given the chief inspector all or any of the validation documents for the client. 3 Section 78C (Restriction on holder of licence selling security sensitive explosive to existing client)

s 14 13 s 14 Explosives Amendment Regulation (No. 1) 2006 No. 108, 2006 ‘(3) The request is taken to be a validation request for the existing client. ‘(4) The chief inspector must not give a validation notice for the existing client until all of the validation documents for the client have been given to the chief inspector. ‘(5) In deciding the validation request, the chief inspector may consider any validation document given for the existing client before 2 June 2006. ‘(6) In this section— existing client , of an existing licensed seller, means a person to whom the seller has, before 2 June 2006— (a) sold a security sensitive explosive; or (b) supplied a security sensitive explosive as an employee mentioned in section 39(1). 4 validation documents means documents of a type mentioned in section 78B(5)(b). 5 validation notice means a notice under section 78B(6). validation request means a request under section 78B(5)(a). ‘157 Deferral of security plan obligations for existing licensed seller ‘Section 79B 6 does not apply to an existing licensed seller until 1 December 2006.’. 14 Amendment of sch 7 (Dictionary) (1) Schedule 7— insert— 4 Section 39 (Employees of particular authority holders taken to be holders of authority) 5 Section 78B (Restriction on holder of licence selling security sensitive explosive to new client) 6 Section 79B (Security plan obligations of holder of licence to sell explosives)

s 14 14 s 14 Explosives Amendment Regulation (No. 1) 2006 No. 108, 2006 ‘ ANFO means an explosive consisting of a mixture of ammonium nitrate and fuel oil in a proportion that complies with AS 2187, part 2. certified copy , of a document, means a copy of the document certified by any of the following to be a true copy of the document— (a) a lawyer; (b) a notary public; (c) a commissioner for declarations; (d) a justice of the peace. security sensitive ammonium nitrates means— (a) ammonium nitrate; or (b) a solid substance that— (i) consists of a mixture of ammonium nitrate and another substance if the mixture contains more than 45% ammonium nitrate by mass; and (ii) is not classified as a class 1 explosive. security sensitive explosive means— (a) a blasting explosive; or (b) a propellant powder; or (c) a firework other than an unrestricted firework; or (d) a pyrotechnic substance used in a firework; or (e) security sensitive ammonium nitrates.’. (2) Schedule 7, definition blasting explosive , example— omit, insert — ‘ Examples of a blasting explosive — • ANFO • a booster as defined under AS 2187, part 0 • a cartridge (or plug or stick) as defined under AS 2187, part 0 • a detonator • a detonating cord

s 14 15 s 14 Explosives Amendment Regulation (No. 1) 2006 No. 108, 2006 • a precursor • TNT ’. ENDNOTES 1 Made by the Governor in Council on 1 June 2006. 2 Notified in the gazette on 2 June 2006. 3 Laid before the Legislative Assembly on . . . 4 The administering agency is the Department of Natural Resources, Mines and Water. © State of Queensland 2006