Land, Explosives and Other Legislation Amendment Act 2019 (Qld)

The Parliament of Queensland enacts—

Part 1    Preliminary

1   Short title

This Act may be cited as the Land, Explosives and Other Legislation Amendment Act 2019.

2   Commencement

(1)The following provisions commence on 1 October 2019—

(a)part 9, division 3;

(b)schedule 1, part 2.

(2)The following provisions commence on a day to be fixed by proclamation—

(a)parts 4 to 6;

(b)part 12, division 3;

(c)schedule 1, part 3.

Part 2    Amendment of Aboriginal Land Act 1991

3   Act amended

This part amends the Aboriginal Land Act 1991.

Note—

See also the amendments in schedule 1, part 1.

4   Amendment of s 10 (Lands that are transferable lands)

Section 10(1)(h)—
omit.

5   Amendment of s 32B (Definitions for pt 2A)

Section 32B, definition interest holder, paragraph (d), ‘registered lease’—
omit, insert—

registered sublease

6   Amendment of s 32R (Dwelling on available land)

(1)Section 32R(5)—
omit, insert—

(5)If the dwelling notice states the housing chief executive consents to the applicant making the application, the trustee must decide the price of the dwelling—

(a)by agreement with the housing chief executive; or

(b)by using a methodology agreed between the trustee and the housing chief executive.

(2)Section 32R(6), ‘valuation’—
omit.

7   Amendment of s 32T (Offer to allocate available land)

Section 32T(3), ‘value’—
omit, insert—

price

8   Amendment of s 40 (Appointment of grantee to hold land for benefit of Aboriginal people)

Section 40(3)—
omit, insert—

(3)However, the Minister may appoint a CATSI corporation that is a registered native title body corporate as the grantee of the land under subsection (2) only if—

(a)under the Commonwealth Native Title Act, a determination has been made that native title exists in relation to all or a part of the land and the CATSI corporation is the registered native title body corporate for the determination; or

(b)a determination has not been made under the Commonwealth Native Title Act that native title exists in relation to all or a part of the land, but the Minister is satisfied it is appropriate in all the circumstances to appoint the CATSI corporation as the grantee of the land.

Examples of when it is appropriate to appoint the CATSI corporation as the grantee of the land—

1The appointment of the CATSI corporation is supported by consultation with Aboriginal people particularly concerned with the land.

2The land is within the external boundaries of an area of land the subject of a native title determination and the CATSI corporation is the registered native title body corporate for the determination.

3An ILUA has been entered into for the land and the CATSI corporation is nominated in the ILUA as the proposed grantee for the land under this Act.

4Anthropological research supports the CATSI corporation as being the appropriate grantee.

9   Amendment of s 93 (Transfer to entity to hold for benefit of Aboriginal people)

Section 93(3)(a) and (b)—
omit, insert—

(a)under the Commonwealth Native Title Act, a determination has been made that native title exists in relation to all or a part of the land and the CATSI corporation is the registered native title body corporate for the determination; or

(b)a determination has not been made under the Commonwealth Native Title Act that native title exists in relation to all or a part of the land, but the Minister is satisfied it is appropriate in all the circumstances for the land to be transferred to the CATSI corporation.

Examples of when it is appropriate for the land to be transferred to the CATSI corporation—

1The transfer to the CATSI corporation is supported by consultation with Aboriginal people particularly concerned with the land.

2The land is within the external boundaries of an area of land the subject of a native title determination and the CATSI corporation is the registered native title body corporate for the determination.

3An ILUA has been entered into for the land and the CATSI corporation is nominated in the ILUA as the proposed transferee for the land under this Act.

4Anthropological research supports the CATSI corporation as being the appropriate transferee.

10   Amendment of s 104 (Transfer of Aboriginal land)

(1)Section 104(2)—
omit.

(2)Section 104(3)—
renumber as section 104(2).

11   Amendment of s 105 (Application for approval to transfer)

(1)Section 105(2)(b), ‘section 106(1)(a), (b) or (c)’—
omit, insert—

section 106(1)(a) or (b)

(2)Section 105(2)(c), ‘the matters mentioned in section 106(1)(c)’—
omit, insert—

each matter mentioned in section 106(1)(c) or (d) that applies to the transfer

12   Amendment of s 106 (Minister’s approval to transfer)

(1)Section 106(1)—
insert—

(ca)if the transferee is a CATSI corporation that is a registered native title body corporate—

(i)under the Commonwealth Native Title Act, a determination has been made that native title exists in relation to all or a part of the land and the CATSI corporation is the registered native title body corporate for the determination; or

(ii)a determination has not been made under the Commonwealth Native Title Act that native title exists in relation to all or a part of the land, but it is appropriate in all the circumstances for the land to be transferred to the CATSI corporation; and

Examples of when it is appropriate for the land to be transferred to the CATSI corporation—

1The transfer to the CATSI corporation is supported by consultation with Aboriginal people particularly concerned with the land.

2The land is within the external boundaries of an area of land the subject of a native title determination and the CATSI corporation is the registered native title body corporate for the determination.

3An ILUA has been entered into for the land and the CATSI corporation is nominated in the ILUA as the proposed transferee for the land under this Act.

4Anthropological research supports the CATSI corporation as being the appropriate transferee.

(2)Section 106(1)(ca) and (d)—
renumber as section 106(1)(d) and (e).

(3)Section 106(3), ‘section 104(3)(d)(i)’—
omit, insert—

section 104(2)(d)(i)

13   Amendment of s 109 (Transfer of Aboriginal land)

(1)Section 109(2)—
omit.

(2)Section 109(3)—
renumber as section 109(2).

14   Amendment of s 111 (Minister’s approval to transfer)

(1)Section 111(1)—
insert—

(ba)if the transferee is a CATSI corporation that is a registered native title body corporate—

(i)under the Commonwealth Native Title Act, a determination has been made that native title exists in relation to all or a part of the land and the CATSI corporation is the registered native title body corporate for the determination; or

(ii)a determination has not been made under the Commonwealth Native Title Act that native title exists in relation to all or a part of the land, but it is appropriate in all the circumstances for the land to be transferred to the CATSI corporation; and

Examples of when it is appropriate for the land to be transferred to the CATSI corporation—

1The transfer to the CATSI corporation is supported by consultation with Aboriginal people particularly concerned with the land.

2The land is within the external boundaries of an area of land the subject of a native title determination and the CATSI corporation is the registered native title body corporate for the determination.

3An ILUA has been entered into for the land and the CATSI corporation is nominated in the ILUA as the proposed transferee for the land under this Act.

4Anthropological research supports the CATSI corporation as being the appropriate transferee.

(2)Section 111(1)(ba) and (c)—
renumber as section 111(1)(c) and (d).

15   Amendment of s 128 (Additional conditions and requirements for social housing dwelling)

(1)Section 128(2)—
omit, insert—

(2)Before the lease is granted, the lessor must decide the price of the dwelling—

(a)by agreement with the housing chief executive; or

(b)by using a methodology agreed between the lessor and the housing chief executive.

(2)Section 128(3), (4)(b) and (6), note, ‘value’—
omit, insert—

price

16   Amendment of s 288 (Dealing with particular trust property)

Section 288(1) and (3), ‘value’—
omit, insert—

price

17   Amendment of sch 1 (Dictionary)

(1)Schedule 1—
insert—

native title determination, in relation to land, means a determination under the Commonwealth Native Title Act that native title exists in relation to all or a part of the land.

(2)Schedule 1, definition social housing, paragraph (b), ‘the value of’—
omit.

Part 3    Amendment of Cape York Peninsula Heritage Act 2007

18   Act amended

This part amends the Cape York Peninsula Heritage Act 2007.

19   Insertion of new s 27A

After section 27—
insert—

27A   Prohibition on, and dealing with applications for, grant of mining interest in relation to particular land

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

(a)lot 3 on SP189937;

(b)lots 4, 18 and 20 on SP189951;

(c)lot 153 on SP288864.

(2)A mining interest may not be granted in relation to the protected land.

(3)A person may not apply for the grant of a mining interest in relation to the protected land.

(4)If an application for the grant of a mining interest in relation to the protected land was made, but not decided, before the commencement, the application—

(a)is taken to have been withdrawn by the applicant on the commencement; and

(b)can not be further dealt with.

(5)This section applies despite the provisions of any other Act.

(6)In this section—

grant, of a mining interest, includes the renewal of a mining interest.

mineral see the Mineral Resources Act 1989, section 6.

mining interest means a lease, licence, permit, claim or other authority under any of the following—

(a)the Geothermal Energy Act 2010;

(b)the Greenhouse Gas Storage Act 2009;

(c)the Mineral Resources Act 1989;

(d)the Petroleum Act 1923;

(e)the Petroleum and Gas (Production and Safety) Act 2004;

(f)another Act relating to mining for minerals, petroleum or natural gas.

natural gas see the Petroleum Act 1923, section 2.

petroleum see the Petroleum and Gas (Production and Safety) Act 2004, section 10.

Part 4    Amendment of Explosives Act 1999

20   Act amended

This part amends the Explosives Act 1999.

Note—

See also the amendments in schedule 1, part 3.

21   Replacement of long title

Long title—
omit, insert—

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

22   Insertion of new s 2A

After section 2—
insert—

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.

23   Amendment of pt 3, hdg (Authorities)

Part 3, heading, after ‘Authorities’—
insert—

and security clearances

24   Insertion of new pt 3, div 1AA

Part 3, before division 1—
insert—

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 123AC(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.

25   Amendment of s 15 (Inquiries about person’s appropriateness)

(1)Section 15(2A), from ‘inquires’ to ‘health,’—
omit, insert—

inquiries about the person’s identity, character, physical health

(2)Section 15(3)(a)(i) to (iii)—
omit, insert—

(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

(3)Section 15(3)(b)(i), ‘insolvent under administration’—
omit, insert—

an insolvent under administration under the Corporations Act

(4)Section 15(3)(b)—
insert—

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

(5)Section 15(5) and (6)—
omit.

(6)Section 15(8)(a), ‘subsection (4)’—
omit, insert—

subsection (5)

(7)Section 15(8)(c), after ‘safety’—
insert—

and security

(8)Section 15(9), ‘subsection (8)(a)’—
omit, insert—

subsection (7)(a)

(9)Section 15(10)—
omit.

(10)Section 15(2A) to (9)—
renumber as section 15(3) to (8).

26   Insertion of new s 15A

After section 15—
insert—

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.

27   Amendment of s 16 (Additional information)

(1)Section 16(1), from ‘or mental’—
omit, insert—

health.

(2)Section 16—
insert—

(1A)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)Section 16(3) to (6)—
omit.

(4)Section 16(1A) to (8)—
renumber as section 16(2) to (5).

28   Insertion of new s 16A

After section 16—
insert—

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.

29   Amendment of s 17 (How chief inspector may deal with application)

(1)Section 17(1)—
insert—

Note—

See also section 123AC(2).

(2)Section 17—
insert—

(1A)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)Section 17(1A) to (3)—
renumber as section 17(2) to (4).

30   Insertion of new s 18A

After section 18—
insert—

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.

31   Amendment of s 20 (Transfer of authority)

Section 20(1)—
omit, insert—

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

32   Amendment of pt 3, div 2, hdg (Suspension and cancellation of authorities)

Part 3, division 2, heading, after ‘authorities’—
insert—

and security clearances

33   Insertion of new pt 3, div 2, sdiv 1, hdg

Before section 23—
insert—

Subdivision 1 Suspensions and cancellations generally

34   Amendment of s 23 (Grounds for suspension or cancellation)

(1)Section 23, heading, ‘suspension or cancellation’—
omit, insert—

suspending or cancelling authorities

(2)Section 23(c), ‘has committed’—
omit, insert—

is convicted of or charged with

(3)Section 23(f)—
omit, insert—

(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(2);

(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.

(4)Section 23—
insert—

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

35   Insertion of new s 23A

After section 23—
insert—

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.

36   Amendment of s 24 (Procedure for suspension or cancellation)

(1)Section 24(1), (3) and (7), after ‘authority’—
insert—

or security clearance

(2)Section 24(2), (4), (5) and (6), ‘authority holder’—
omit, insert—

holder of the authority or security clearance

(3)Section 24(2)(d), ‘authority—’—
omit, insert—

authority or security clearance—

(4)Section 24(5), ‘authority,’—
omit, insert—

authority or security clearance,

37   Amendment of s 25 (Procedure for urgent suspension or cancellation of authority)

(1)Section 25, heading, ‘authority’—
omit, insert—

authorities and security clearances

(2)Section 25(1)(b) and (2), after ‘an authority’—
insert—

or security clearance

(3)Section 25(2), (3) and (4), ‘authority holder’—
omit, insert—

holder of the authority or security clearance

38   Insertion of new pt 3, div 2, sdiv 2

After section 25—
insert—

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).

39   Insertion of new pt 3, div 2, sdiv 3, hdg

Before section 26—
insert—

Subdivision 3 Provisions about suspended and cancelled authorities and security clearances

40   Amendment of s 26 (Return of authority)

(1)Section 26, heading, ‘authority’—
omit, insert—

authorities and security clearances

(2)Section 26(1), after ‘authority’—
insert—

or security clearance

(3)Section 26(2), after ‘suspended authority’—
insert—

or security clearance

(4)Section 26(2), ‘authority holder’—
omit, insert—

holder of the authority or security clearance

41   Insertion of new s 26A

Part 3, division 2, subdivision 3—
insert—

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.

42   Amendment of pt 3, div 3, hdg (Other provisions about authorities)

Part 3, division 3, heading, after ‘authorities’—
insert—

and security clearances

43   Amendment of s 27 (Replacement of authority)

(1)Section 27, heading, ‘authority’—
omit, insert—

authorities and security clearances

(2)Section 27(1), ‘An authority holder’—
omit, insert—

The holder of an authority or security clearance

(3)Section 27(1), after ‘destroyed authority’—
insert—

or security clearance

(4)Section 27(2) and (3), after ‘authority’—
insert—

or security clearance

(5)Section 27(4), ‘the authority,’—
omit, insert—

the authority or security clearance,

(6)Section 27(4), ‘authority holder’—
omit, insert—

holder of the authority or security clearance

44   Amendment of s 28 (Amendment of authority on application)

(1)Section 28(2), before paragraph (a)—
insert—

(aa)be made in the approved form; and

(2)Section 28(2)(aa) to (b)—
renumber as section 28(2)(a) to (c).

45   Insertion of new s 30A

After section 30—
insert—

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.

46   Amendment of s 31 (Surrender of authority)

(1)Section 31, heading, ‘authority’—
omit, insert—

authorities and security clearances

(2)Section 31(1), ‘An authority holder’—
omit, insert—

The holder of an authority or security clearance

(3)Section 31(1), after ‘the authority’—
insert—

or security clearance

(4)Section 31(2) and (3), after ‘authority’—
insert—

or security clearance

47   Amendment of s 32 (General duty of care)

(1)Section 32—
insert—

(1A)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.

(2)Section 32(1A) and (2)—
renumber as section 32(2) and (3).

48   Replacement of s 33 (Employer’s obligation about employees)

Section 33—
omit, insert—

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)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).

49   Amendment of s 38 (Explosive to be manufactured under authority)

(1)Section 38(2)(a)—
omit, insert—

(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

(2)Section 38—
insert—

(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.

50   Amendment of s 40, hdg (Safety at factories)

Section 40, heading, after ‘Safety’—
insert—

and security

52   Amendment of s 48, hdg (Safety at magazines)

Section 48, heading, after ‘Safety’—
insert—

and security

53   Amendment of s 50 (Transporting explosives)

(1)Section 50(1), ‘or boat’—
omit.

(2)Section 50—
insert—

(1A)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)Section 50(3)—
omit.

(4)Section 50(6), ‘subsection (1)’—
omit, insert—

this section

(5)Section 50(1A) and (2)—
renumber as section 50(2) and (3).

54   Insertion of new s 51A

After section 51—
insert—

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.

55   Replacement of ss 55 and 56

Sections 55 and 56—
omit, insert—

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   Notification of explosives incidents

(1)The relevant person for explosives involved in an explosives incident must immediately after the incident notify the chief inspector of the incident—

(a)by giving the chief inspector notice in the approved form; or

(b)orally.

Maximum penalty—170 penalty units.

(2)If the notification is given orally, the relevant person must also give the chief inspector notice in the approved form within 48 hours after the incident.

Maximum penalty—50 penalty units.

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.

56   Amendment of s 58 (Investigation by chief inspector or authority holder)

(1)Section 58(1)(b)—
insert—

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

(2)Section 58—
insert—

(1A)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)Section 58(2), ‘The notice given under subsection (1)(b)’—
omit, insert—

A notice given under subsection (1)(b) or (2)

(4)Section 58(3), ‘the notice’—
omit, insert—

a notice given under subsection (1)(b) or (2)

(5)Section 58(4), penalty, ‘subsection (4)’—
omit, insert—

subsection (5)

(6)Section 58(1A) to (4)—
renumber as section 58(2) to (5).

57   Amendment of s 59 (Person must answer question about explosives incident)

(1)Section 59(2), penalty, ‘Maximum penalty’—
omit, insert—

Maximum penalty for subsection (2)

(2)Section 59(2)—
insert—

Note—

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

(3)Section 59(3)—
omit.

58   Insertion of new ss 59A and 59B

Part 5, division 1—
insert—

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.

59   Amendment of s 60 (Minister may establish board of inquiry)

Section 60(3), from ‘had’—
omit, insert—

, the chief inspector or the holder of an authority has previously inquired into or investigated the incident.

60   Replacement of s 61 (Membership of board of inquiry)

Section 61—
omit, insert—

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.

61   Insertion of new ss 62A and 62B

After section 62—
insert—

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   Chief executive to arrange for services of staff for board of inquiry

As soon as practicable after the board of inquiry is established, the chief executive must, in consultation with the chairperson of the board, arrange for the services of public service employees employed in the department, or other persons, to be made available to the board for the conduct of the inquiry.

62   Amendment of s 63 (Procedure)

Section 63(4)—
omit.

63   Amendment of s 72 (Offences by witnesses)

(1)Section 72(2)—
insert—

Note—

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

(2)Section 72(3)—
omit.

64   Insertion of new ss 74A and 74B

After section 74—
insert—

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.

65   Amendment of s 75 (Contempt of board)

(1)Section 75—
insert—

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

(2)Section 75, penalty—
omit, insert—

Maximum penalty—200 penalty units.

(3)Section 75(ba) to (d)—
renumber as section 75(c) to (e).

66   Replacement of s 80A (Function of inspector)

Section 80A—
omit, insert—

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 the department 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 Service Act 2008, section 24.

67   Insertion of new ss 90A–90C

After section 90—
insert—

90A   Power to secure seized thing

(1)Having seized a thing under this subdivision, an inspector may—

(a)leave it at the place it was seized (the place of seizure) and take reasonable action to restrict access to it; or

(b)move it from the place of seizure.

(2)For subsection (1)(a), the inspector may, for example—

(a)seal the thing, or entrance to the place of seizure, and mark the thing or place to show access to the thing or place is restricted; or

(b)for equipment—make it inoperable.

Example—

make it inoperable by dismantling it or removing a component without which the equipment can not be used

90B   Powers to support seizure

(1)To enable a thing to be seized, an inspector may require a person the inspector reasonably believes is in control of the thing or a place of seizure for the thing—

(a)to both—

(i)take it to a stated reasonable place by a stated reasonable time; and

(ii)if necessary, remain in control of it at the stated place for a reasonable time; or

(b)to do an act mentioned in section 90A(2)(a) or (b) or anything else an inspector could do under section 90A(1)(a).

(2)The requirement—

(a)must be made by written notice; or

(b)if for any reason it is not practicable to give written notice, may be made orally and confirmed by written notice as soon as practicable.

(3)A person must comply with a requirement made of the person under subsection (1) unless the person has a reasonable excuse.

Maximum penalty for subsection (3)—100 penalty units.

90C   Offence to interfere

(1)If access to a seized thing is restricted under section 90A, a person must not tamper with the thing or with anything used to restrict access to the thing without—

(a)an inspector’s approval; or

(b)a reasonable excuse.

Maximum penalty—100 penalty units.

(2)If access to a place is restricted under section 90A, a person must not enter the place in contravention of the restriction or tamper with anything used to restrict access to the place without—

(a)an inspector’s approval; or

(b)a reasonable excuse.

Maximum penalty—100 penalty units.

68   Amendment of s 93 (Access to seized things)

Section 93—
insert—

(3)For this section, if an inspector has, under section 90B(1)(a), required a person to move a thing from the place of seizure, the inspector may require the person to return the thing to the place of seizure.

(4)The person must return the thing at the person’s expense.

69   Amendment of s 94 (Forfeiture of seized things)

(1)Section 94(1), from ‘A seized thing’ to ‘the thing’—
omit, insert—

The chief inspector may decide a seized thing is forfeited to the State if an inspector or an authorised officer

(2)Section 94(2)(a) and (b), after ‘the inspector’—
insert—

or authorised officer

70   Amendment of s 97 (Power to require attendance of persons before an inspector to answer questions)

Section 97(1)(b), ‘safety and health’—
omit, insert—

health, safety or security

71   Replacement of s 99 (False or misleading statements to inspector)

Section 99—
omit, insert—

99   False or misleading information

(1)A person must not, in relation to the administration of this Act, give an inspector or authorised officer information the person knows is false or misleading in a material particular.

Maximum penalty—20 penalty units.

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

(a)tells the inspector or authorised officer, to the best of the person’s ability, how the document is false or misleading; and

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

99A   Person not to encourage or influence refusal to answer questions

(1)A person must not encourage or influence, or attempt to encourage or influence, another person to refuse to answer questions asked of the person by an inspector or authorised officer.

Maximum penalty—40 penalty units.

(2)To remove any doubt, it is declared that subsection (1) does not apply to the provision of legal advice to a person by a lawyer.

72   Omission of s 101 (False or misleading documents to inspector)

Section 101—
omit.

73   Amendment of pt 6, div 2, sdiv 6, hdg (General enforcement offence)

Part 6, division 2, subdivision 6, heading, ‘enforcement offence’—
omit, insert—

offences

74   Insertion of new s 105AA

Part 6, division 2, subdivision 6—
insert—

105AA    Impersonating inspectors or authorised officers

A person must not impersonate an inspector or an authorised officer.

Maximum penalty—100 penalty units.

75   Insertion of new pt 6, div 2, sdiv 7

Part 6, division 2—
insert—

Subdivision 7 Additional power of chief inspector

105A   Definition for subdivision

In this subdivision—

Public Safety Preservation Act declaration means an emergency under the Public Safety Preservation Act 1986.

105B   Power to direct action in emergency

(1)This section applies if—

(a)the chief inspector reasonably believes there is a dangerous situation; and

(b)the dangerous situation is happening within, or partly within—

(i)an area for which a disaster situation is in force under the Disaster Management Act 2003; or

(ii)an area for which a Public Safety Preservation Act declaration is in force.

(2)The chief inspector may direct an inspector to take any of the following actions the chief inspector reasonably believes necessary to prevent, remove or minimise the danger—

(a)give an explosive to another person;

(b)purchase an explosive;

(c)give equipment used in connection with explosives to another person;

(d)give advice about explosives to another person;

(e)use an explosive.

(3)An inspector directed by the chief inspector under subsection (2) to take an action is authorised to take that action.

105C   Relationship to Public Safety Preservation Act 1986

(1)A commander, for a Public Safety Preservation Act declaration, may give directions about the circumstances in which the power under section 105B may be exercised by the chief inspector during the period the declaration is in force.

Note—

See the Disaster Management Act 2003, section 9, for the relationship between section 105B and that Act.

(2)However, the commander must not give directions about the way in which the power may be exercised.

(3)A direction under subsection (1) may be given only if it is necessary for effective management of the situation for which the Public Safety Preservation Act declaration is in force.

(4)In this section—

CBR emergency see the Public Safety Preservation Act 1986, section 12(1).

commander, for a Public Safety Preservation Act declaration, means—

(a)for an emergency situation declared under the Public Safety Preservation Act 1986, section 5—the emergency commander who declared the existence of the emergency situation; or

(b)for a terrorist emergency—a terrorist emergency commander, terrorist emergency forward commander or TERC commander for the terrorist emergency under the Public Safety Preservation Act 1986; or

(c)for a CBR emergency—a CBRE commander for the CBR emergency under the Public Safety Preservation Act 1986.

terrorist emergency see the Public Safety Preservation Act 1986, schedule.

76   Insertion of new pt 6, div 2A

Part 6—
insert—

Division 2A Authorised officers

105D    Appointments

The chief inspector may, by instrument in writing, appoint a public service employee as an authorised officer.

105E    Appointment conditions and limit on powers

(1)An authorised officer holds office on the conditions stated in—

(a)the officer’s instrument of appointment; or

(b)a signed notice given to the officer; or

(c)a regulation.

(2)The instrument of appointment, a signed notice given to the authorised officer or a regulation may limit the officer’s powers.

(3)An authorised officer is subject to the directions of the Minister and the chief inspector.

(4)In this section—

signed notice means a notice signed by the chief inspector.

105F    Functions of authorised officers

An authorised officer 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 give advice about the handling of, and access to, explosives to protect public safety, property and the environment;

(d)to recover and dispose of explosives to protect public health and safety;

(e)to make recommendations to the chief inspector about—

(i)applications for security clearances and authorities; or

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

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

105G    Authorised officer’s identity card

(1)The chief inspector must give each authorised officer an identity card.

(2)The identity card must—

(a)contain a recent photo of the authorised officer; and

(b)be signed by the authorised officer; and

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

(d)state an expiry date for the card.

(3)A person who stops being an authorised officer must return the person’s identity card to the chief inspector as soon as possible (but within 21 days) after the person stops being an authorised officer, 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 Act and other Acts or for other purposes.

77   Amendment of s 111 (Application for external review)

(1)Section 111—
insert—

(1A)An applicant for a security clearance may apply, as provided under the QCAT Act, for an external review of the chief inspector’s decision to refuse to give the security clearance.

(2)Section 111(4)(d)—
omit.

(3)Section 111(4)(e) and (f)—
renumber as section 111(4)(d) and (e).

(4)Section 111—
insert—

(4A)The holder of a security clearance may apply, as provided under the QCAT Act, for an external review of any of the following decisions of the chief inspector—

(a)a decision to suspend or cancel the security clearance;

(b)a decision to refuse to renew the security clearance;

(c)a decision to refuse to replace the security clearance.

(5)Section 111(1A) to (5)—
renumber as section 111(2) to (7).

78   Insertion of new pt 8, div 1A

Part 8—
insert—

Division 1A Biometric information

123AA    Application of division

(1)This division applies if a person makes any of the following applications (each a relevant application)—

(a)an application under section 12A for a security clearance;

(b)an application under section 12F to renew a security clearance;

(c)an application under section 14 for an occupational authority;

(d)an application under section 22 to renew an occupational authority;

(e)an application under section 27 to replace an occupational authority or security clearance;

(f)an application under section 28 to amend an occupational authority.

(2)Also, this division applies if an occupational authority held by a person is amended under section 29.

123AB    Definitions for division

In this division—

biometric information, for a person, means—

(a)a digital photo of the person; and

(b)the person’s digitised signature.

destroy, in relation to biometric information, includes—

(a)delete an electronic copy of the information; and

(b)end the way in which the information may be accessed electronically.

relevant application see section 123AA(1).

take, in relation to biometric information, includes obtain biometric information.

123AC    Taking biometric information for use under this Act

(1)The person must allow the chief inspector to take and keep for use under this Act the person’s biometric information.

(2)If the person does not comply with subsection (1), the chief inspector must, if the person is an applicant for a relevant application, refuse the application.

123AD    Using biometric information

(1)The chief inspector may use the person’s biometric information—

(a)if the biometric information is taken in relation to a relevant application—to help identify the person for assessing and deciding the application; or

(b)to reproduce the biometric information on an occupational authority or security clearance given to the person; or

(c)in an investigation by the chief inspector of an explosives incident under part 5, division 1, if the chief inspector reasonably suspects the person was involved in the incident; or

(d)in an investigation of, or proceeding for, an offence against this Act alleged to have been committed by the person.

(2)Also, a board of inquiry established under part 5, division 2 for a serious explosives incident may use the person’s biometric information for its inquiry into the incident, if the board reasonably suspects the person was involved in the incident.

123AE    Biometric information must be destroyed if relevant application refused or withdrawn

(1)This section applies if—

(a)the person’s relevant application is withdrawn; or

(b)the chief inspector decides to refuse the person’s relevant application.

(2)The chief inspector must, as soon as practicable after the relevant application is withdrawn or refused, destroy the person’s biometric information kept by the chief inspector.

123AF    When biometric information must be destroyed if authority or security clearance given

(1)This section applies if the chief inspector—

(a)gives the person an occupational authority or security clearance; or

(b)amends the person’s occupational authority under section 29.

(2)The chief inspector must destroy the person’s biometric information kept by the chief inspector as soon as practicable after the later of the following days—

(a)the day the occupational authority or security clearance expires;

(b)if the biometric information is relevant to an investigation, inquiry or proceeding mentioned in section 123AD—the day the investigation, inquiry or proceeding ends.

79   Amendment of s 123A (Treatment of partnerships)

Section 123A(2)(a), ‘sections 15 and 16’—

omit, insert—

sections 15 to 16A

80   Amendment of s 126 (Disclosure by doctors and psychologists of certain information)

Section 126(1)—
omit, insert—

(1)This section applies if—

(a)a doctor or psychologist is of the opinion a patient is not a suitable person to hold, or to continue to hold, a security clearance—

(i)because of the patient’s mental condition; or

(ii)because the patient may be a danger to the patient or another person; or

(b)a doctor is of the opinion a patient is not an appropriate person to hold, or to continue to hold, an authority or to have access to explosives—

(i)because of the patient’s physical condition; or

(ii)because the patient may be a danger to the patient or another person.

81   Insertion of new s 126AA

After section 126—
insert—

126AA    Effect of appeals against domestic violence orders

(1)This section applies if—

(a)a person is named as the respondent in a domestic violence order; and

(b)the person appeals against the decision to make the domestic violence order under—

(i)the Domestic and Family Violence Protection Act 2012, section 164; or

(ii)a law of another State or New Zealand that provides for the same matter as that section; and

(c)the decision to make the domestic violence order is set aside under—

(i)the Domestic and Family Violence Protection Act 2012, section 169; or

(ii)a law of another State or New Zealand that provides for the same matter as that section.

(2)For this Act, the domestic violence order is taken not to have been made.

(3)Subsection (4) applies if, before the decision to make the domestic violence order is set aside, the chief inspector decides to refuse to give the person a security clearance, or to refuse to renew the person’s security clearance, on the ground the person is not a suitable person to hold the security clearance because the person is named as the respondent in the domestic violence order.

(4)Subsection (2) does not affect the validity of the chief inspector’s decision.

82   Amendment of s 126A (Protection from reprisal)

(1)Section 126A(1)(a) and (b), ‘explosives safety issue’—
omit, insert—

explosives issue

(2)Section 126A(7), definition explosives safety issue—
omit, insert—

explosives issue means an issue about—

(a)the safety or health of a person while handling an explosive; or

(b)the security of an explosive from access by a person who should not have access to the explosive.

83   Amendment of s 126C (Public statements)

(1)Section 126C(2)(c), after ‘inspectors’—
insert—

or authorised officers

(2)Section 126C(2)(d)—
omit, insert—

(d)the suspension or cancellation of an authority or security clearance under this Act.

84   Insertion of new s 126D

After section 126C—
insert—

126D    Chief inspector may issue safety and security alerts

(1)If the chief inspector believes there is a specific issue in relation to the safety or security of explosives, the chief inspector may issue an explosives alert to particular persons or to the general public about the issue.

(2)The explosives alert is advisory only and may recommend that the persons or the general public do or not do something.

(3)An explosives alert is issued by—

(a)if the alert is to particular persons—giving the persons a written notice; or

(b)if the alert is to the general public—publishing a notice on the department’s website; or

(c)if a person gives the chief inspector a unique electronic address for the person—by using electronic communication to send the alert to the address.

(4)In this section—

communication network means a network—

(a)capable of electronic communication; and

(b)designed to enable a user of the network to communicate with a specific person or a group of people.

Examples—

a telephone network or computer network

unique electronic address, for a person, means a fixed designation on a communication network assigned to the person for the person to receive information.

Examples—

an email address, mobile phone number or user account

85   Replacement of s 130 (Delegation by chief inspector)

Section 130—
omit, insert—

130   Delegation by chief inspector

(1)The chief inspector may delegate the chief inspector’s powers under this Act to an inspector or authorised officer.

(2)However, the chief inspector may not delegate the chief inspector’s power under section 105B.

86   Amendment of s 132 (Disclosure of information)

(1)Section 132(1)(c)—
omit, insert—

(c)in an investigation or a proceeding under this Act or a report about the investigation or proceeding; or

(2)Section 132(2), from ‘Act to’—
omit, insert—

Act to—

(a)a chief executive of a department or the head of a public service office under the Public Service Act 2008; or

(b)an officer of a department or agency of the Commonwealth or another State responsible for administering a law about explosives.

87   Insertion of new s 132A

After section 132—
insert—

132A    Additional requirements for disclosure to particular persons

A person given information under section 132(2)—

(a)must not give it to another person unless authorised, in writing, by the chief inspector to do so; and

(b)must ensure the information is used only for the purpose for which it was given under that section.

88   Amendment of s 133 (Evidentiary provision)

(1)Section 133(1), ‘or the former Act’—
omit.

(2)Section 133(2), after ‘inspector’—
insert—

or an authorised officer

(3)Section 133(2)(b), after ‘power’—
insert—

or the authorised officer’s power

(4)Section 133(3), ‘or an inspector’—
omit, insert—

, an inspector or an authorised officer

(5)Section 133(4)(a)—
insert—

(ia)a security clearance or a copy of a security clearance; or

(6)Section 133(4)(a)(ii), after ‘order,’—

insert—

determination,

(7)Section 133(4)(a)(ia) to (v)—

renumber as section 133(4)(a)(ii) to (vi).

(8)Section 133(4)(b), from ‘holder of’—

omit, insert—

holder of—

(i)an authority or a stated authority; or

(ii)a security clearance or a stated security clearance;

(9)Section 133(4)(c) and (d), ‘authority’—

omit, insert—

authority, security clearance or determination

89   Insertion of new ss 133A and 133B

After section 133—
insert—

133A   Expert reports

(1)This section applies to a proceeding under this Act, other than a proceeding under part 7.

(2)An expert report is admissible in evidence.

(3)However, if the person making the report (the expert) does not attend to give oral evidence in the proceeding, the report is admissible only with the court’s leave.

(4)In deciding whether to grant leave, the court must have regard to—

(a)the content of the report; and

(b)the reason the expert is not attending to give oral evidence; and

(c)the risk the admission in evidence or exclusion from evidence of the expert report will result in unfairness to a party, in particular having regard to the party’s ability to dispute the content of the report if the expert does not give oral evidence; and

(d)any other relevant circumstance.

(5)An expert report admitted in evidence is evidence of any fact or opinion stated in the report of which the expert could have given oral evidence.

(6)In this section—

expert report means a report made by a person that deals entirely or mainly with issues on which the person is qualified to give expert evidence, but does not include an analyst’s report.

133B   Analysts’ reports

(1)This section applies to a proceeding under this Act, other than a proceeding under part 7.

(2)The production by a party to the proceeding of a signed analyst’s report stating any of the following matters is evidence of the matters—

(a)the analyst’s qualifications;

(b)the analyst took, or received from a stated person, the sample mentioned in the report;

(c)the analyst analysed the sample on a stated day, or during a stated period, at a stated place;

(d)the results of the analysis.

90   Amendment of s 135 (Regulation-making power)

(1)Section 135(2)—
insert—

(da)the appointment of a person to be the manager of a government magazine and the functions and powers of the manager;

(2)Section 135(2)(da) to (j)—
renumber as section 135(2)(e) to (k).

91   Insertion of new pt 10, div 6

Part 10—
insert—

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.

92   Amendment of sch 2 (Dictionary)

(1)Schedule 2, definitions boat, dangerous situation, domestic violence order, place and vehicle—
omit.

(2)Schedule 2—
insert—

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

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

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

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.

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.

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

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.

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

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.

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.

listed corporation see the Corporations Act, section 9.

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

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.

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.

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

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.

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.

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

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

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

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.

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.

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.

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

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.

(3)Schedule 2, definition explosives incident—
insert—

(aa)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;

(4)Schedule 2, definition explosives incident, paragraph (e), ‘paragraphs (a) to (d)’—
omit, insert—

paragraphs (a) to (e)

(5)Schedule 2, definition explosives incident, paragraphs (aa) to (e)—
renumber as paragraphs (b) to (f).

(6)Schedule 2, definition official—
insert—

(g)an authorised officer.

(7)Schedule 2, definition unlawfully enter, paragraph (a)—
omit, insert—

(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

Part 5    Amendment of Explosives Regulation 2017

93   Regulation amended

This part amends the Explosives Regulation 2017.

Note—

See also the amendments in schedule 1, part 3.

94   Insertion of new s 8A

After section 8—
insert—

8A   Security sensitive explosives—Act, sch 2

(1)For schedule 2 of the Act, definition security sensitive explosive, paragraph (c), an unrestricted firework is prescribed.

(2)For schedule 2 of the Act, definition security sensitive explosive, paragraph (f), security sensitive ammonium nitrate is prescribed.

95   Amendment of s 9 (Alternative safety measures)

Section 9, after ‘safety’—
insert—

and security

96   Insertion of new pts 2A and 2B

After section 18—
insert—

Part 2A    Obligations of employers generally

18A   Age of employees—Act, s 33

(1)For section 33(1)(a) of the Act, the following ages are prescribed—

(a)for an employee who is employed to drive a vehicle that is transporting explosives—21 years or more;

omit.

(2)Section 670(2)(h) to (k)—
renumber as section 670(2)(g) to (j).

(3)Section 670(5)(a), ‘an LPG delivery network’—
omit, insert—

a fuel gas delivery network

(4)Section 670(5)(b) and (c)—
omit.

(5)Section 670(5)(d) to (e)—
renumber as section 670(5)(b) to (d).

(6)Section 670(8)(c), ‘subsection (2)(k)’—
omit, insert—

subsection (2)(j)

277   Amendment of s 673 (Who is the operator of an operating plant)

(1)Section 673(3), from ‘has the role’—
omit, insert—

is responsible for managing and ensuring the safe operation of the plant.

(2)Section 673(4) and examples—
omit.

278   Omission of s 673A (Operator must ensure chief inspector is given notice before a plant is commissioned or operated)

Section 673A—
omit.

279   Amendment of s 688 (Executive safety manager’s general obligations)

(1)Section 688(a)—
omit, insert—

(a)if the operator is a corporation—nominate an individual as a representative of the operator to give and receive information for the operator under this Act; and

(2)Section 688—
insert—

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

(a)a nomination of an operator’s representative under subsection (1)(a) does not affect an obligation imposed on the operator under this Act; and

(b)any information given to or by an operator’s representative is taken to have been given to or by the operator.

280   Omission of ss 689–691

Sections 689 to 691—
omit.

281   Replacement of s 694 (Operator is default site safety manager)

Section 694—
omit, insert—

694   Default site safety manager

(1)This section applies if no-one has been appointed as the site safety manager for a site at an operating plant.

(2)The site safety manager for the site is—

(a)if the operator is an individual—the operator; or

(b)if the operator is a corporation—the executive safety manager of the operating plant.

282   Insertion of new ch 9, pt 3, div 3

Chapter 9, part 3—
insert—

Division 3 Information notices

694A    Executive safety manager and operator to give information notices

(1)The executive safety manager of an operating plant must give the chief inspector a notice stating who is—

(a)the operator; and

(b)the executive safety manager; and

(c)if the operator is a corporation, the representative of the operator.

Maximum penalty—500 penalty units.

(2)The operator of an operating plant must give the chief inspector a notice stating the information prescribed by regulation about the operating plant.

Maximum penalty—500 penalty units.

(3)For subsection (2), a regulation may prescribe information that is necessary for ensuring and promoting the safety of the operating plant.

Examples of information for ensuring and promoting the safety of an operating plant—

1a description of the operating plant including the operating plant’s location and nature and extent of activities

2details of the commissioning or decommissioning of the operating plant

(4)A notice under this section must be given—

(a)in the approved form; and

(b)in the way prescribed by regulation; and

(c)no later than—

(i)for a notice under subsection (1)—10 business days after the commencement and, after that period, any time the operator, executive safety manager or representative (if any) of the operator changes; and

(ii)for a notice under subsection (2)—a day prescribed by regulation.

(5)In this section—

representative, of an operator, means a individual nominated under section 688(1)(a).

283   Amendment of s 726 (Gas work for which licence is required)

Section 726—
insert—

(5)This section does not apply to gas work carried out by a person under a safety management system for an operating plant in circumstances prescribed by regulation.

284   Amendment, relocation and renumbering of s 730 (Register of gas work licences and authorisations)

(1)Section 730, heading, from ‘of gas’—
omit.

(2)Section 730, ‘and authorisations’—
omit, insert—

, gas work authorisations and gas device approval authorities

(3)Section 730—
relocate to chapter 9, part 7 and renumber as section 734AB.

285   Amendment, relocation and renumbering of s 731 (Access to register)

(1)Section 731(1)(a), ‘of gas work licences and authorisations’—
omit, insert—

under section 734AB

(2)Section 731(2)(a)—
omit, insert—

(a)an individual who is a holder of a gas work licence, gas work authorisation or gas device approval authority; or

(3)Section 731—
relocate to chapter 9, part 7 and renumber as section 734AC.

286   Insertion of new ch 9, pt 6A

Chapter 9—
insert—

Part 6A    Approval of gas devices

Division 1 Approval requirement

731AA    Approval of gas devices for supply, installation and use

(1)A person must not supply a gas device (type A), or install or use any type of gas device, unless—

(a)the supply, installation or use has been approved by—

(i)the chief inspector; or

(ii)a person who holds a gas device approval authority for the gas device; and

(b)the gas device complies with any labelling requirements prescribed by regulation for the device.

Maximum penalty—200 penalty units.

Note—

This provision is an executive liability provision—see section 814.

(2)Also, a person must not supply a gas device unless the person gives the person to whom the device is supplied a written notice in the approved form stating that the installation and use of the device must be approved under subsection (1)(a).

Maximum penalty—200 penalty units.

Note—

If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 814A, to have also committed the offence.

Division 2 Gas device approval authorities

731AB    Who may apply

A person may apply to the chief inspector for a gas device approval authority for a gas device.

731AC    Requirements for application

The application must be in the approved form and comply with any requirement prescribed by regulation.

731AD    Deciding application

(1)The chief inspector must decide whether to grant or refuse the application.

(2)However, the chief inspector must refuse the application if the chief inspector considers the applicant—

(a)does not have the qualifications or experience for approving a gas device prescribed by regulation; or

(b)is not a suitable person to hold the authority.

(3)In deciding whether the applicant is a suitable person to hold the authority, the chief inspector may have regard to the following matters—

(a)any noncompliance action taken against the applicant;

(b)whether the applicant has been convicted of an indictable offence or an offence against this Act;

(c)any other matter prescribed by regulation.

(4)The chief inspector may impose a condition on the authority when making a decision.

(5)If the chief inspector makes any of the following decisions, the chief inspector must give the applicant an information notice about the decision—

(a)a decision to refuse the application;

(b)a decision to impose a condition on the authority, other than a condition agreed to or requested by the applicant.

731AE    Term of gas device approval authority

(1)A gas device approval authority takes effect—

(a)on a day stated in it; or

(b)if no day of effect is stated, on the day it is granted.

(2)The authority may be issued for a stated term and remains in force until the end of the term unless it is cancelled, suspended or surrendered under this Act.

(3)If no term is stated, the authority continues in force unless it is cancelled, suspended or surrendered under this Act.

731AF    Conditions for gas device approval authority

A regulation may prescribe—

(a)a condition of a gas device approval authority that applies in addition to a condition imposed under section 731AD; and

(b)a requirement the chief inspector must comply with to vary or revoke a condition imposed under section 731AD.

731AG    Offence not to comply with conditions

The holder of a gas device approval authority must comply with the conditions of the authority.

Maximum penalty—250 penalty units.

Note—

If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 814A, to have also committed the offence.

287   Omission of s 733 (Approval of gas devices and gas fittings for supply, installation and use)

Section 733—
omit.

288   Amendment of s 734A (Safety obligations of gas system installer)

Section 734A, ‘LPG delivery network’—
omit, insert—

fuel gas delivery network

289   Insertion of new s 734AA

Chapter 9, part 7—
insert—

734AA    Safe use of gas devices

(1)A person who uses a gas device must take reasonable steps to ensure the gas device is used safely.

Maximum penalty—100 penalty units.

(2)A person does not contravene subsection (1) if the person uses a gas device in accordance with—

(a)if the gas device is a gas device (type A)—the manufacturer’s instructions for the safe use of the gas device; or

(b)if the gas device is a gas device (type B)—

(i)an approval for use of the gas device under section 731AA(1)(a); and

(ii)the manufacturer’s instructions for the safe use of the gas device.

290   Amendment of s 789 (Operation of div 4)

Section 789(2)(b), ‘or authorisation’—
omit, insert—

, gas work authorisation or gas device approval authority

291   Amendment of s 790 (Types of noncompliance action that may be taken)

(1)Section 790(1)—
insert—

(da)if the authority is a gas device approval authority—suspending it for a period by a notice under subdivision 4;

(2)Section 790(1)(da) to (f)—
renumber as section 790(1)(e) to (g).

(3)Section 790(2), ‘subsection (1)(f)’—
omit, insert—

subsection (1)(g)

292   Amendment of s 814 (Liability of executive officer—particular offences committed by corporation)

(1)Section 814(5), definition executive liability provision, entry for section 733(1)—
omit.

(2)Section 814(5), definition executive liability provision—
insert—

•section 731AA(1)

293   Amendment of s 814A (Executive officer may be taken to have committed offence)

Section 814A(5), definition deemed executive liability provision, paragraph (a), ‘733(2),’—
omit, insert—

731AA(2), 731AG,

294   Insertion of new ss 998–1000

Chapter 15, part 22—
insert—

998   Existing approvals

(1)This section applies if—

(a)before the commencement, a person or body approved a gas device or gas fitting under former section 733(1)(a)(ii); and

(b)immediately before the commencement, the approval had not been cancelled or suspended.

(2)The approval is taken to have been given by the holder of a gas device approval authority.

999   Persons or bodies approved by the chief inspector

(1)This section applies if—

(a)before the commencement, the chief inspector approved a person or body under former section 733(1)(a) for a particular type of gas device; and

(b)immediately before the commencement, the approval had not been cancelled or suspended.

(2)The approval is taken to be a gas device approval authority until 1 year after the commencement.

1000    Fuel gas delivery networks

(1)This section applies if—

(a)immediately before the commencement—

(i)a supply of fuel gas to or in a container owned or provided by a person was not an LPG delivery network under this Act as in force before the commencement; and

(ii)the place in which the supply was carried out was not an operating plant; and

(b)on the commencement, the supply of fuel gas by the person is a fuel gas delivery network.

(2)Section 670(5) does not apply to the supply of fuel gas by the person until 3 months after the commencement.

295   Amendment of sch 1 (Reviews and appeals)

(1)Schedule 1, table 1—
insert—

731AD	Refusal of application for gas device approval authority
731AD	Decision to impose condition on a gas device approval authority, other than a condition agreed to or requested by the applicant

(2)Schedule 1, table 1, entry for section 798, ‘or authorisation’—
omit, insert—

, gas work authorisation or gas device approval authority

(3)Schedule 1, table 2, second entry for section 798, ‘or authorisation’—
omit, insert—

, gas work authorisation or gas device approval authority

296   Amendment of sch 2 (Dictionary)

(1)Schedule 2, definitions bulk fuel gas storage facility and LPG delivery network—
omit.

(2)Schedule 2—
insert—

fuel gas delivery network—

(a)means the supply of fuel gas to or in a container owned or provided (other than by being sold) by a person (a product supplier) to a consumer or another person in the business of distributing fuel gas; and

(b)includes an activity that is part of or incidental to the supply mentioned in paragraph (a) that is carried out by the product supplier or the product supplier’s agent.

Examples of fuel gas delivery networks—

•the delivery of cylinders of fuel gas to a consumer or to a distributor

•the filling and storing of cylinders of fuel gas, including cages of 4kg and 8.5kg exchange cylinders

•the bulk delivery of fuel gas to a container

•the filling of a tanker for delivery of fuel gas

•the maintenance of containers and storage equipment used for the supply of fuel gas

•the dispensing of fuel gas to vehicles

gas device approval authority see section 18(1)(j).

(3)Schedule 2, definition holder, paragraph (d)—
omit, insert—

(d)of a gas work licence, gas work authorisation or gas device approval authority, means each person recorded as its holder in the register the chief inspector keeps under section 734AB.

Part 13    Amendment of State Penalties Enforcement Regulation 2014

297   Regulation amended

This part amends the State Penalties Enforcement Regulation 2014.

298   Amendment of sch 1 (Infringement notice offences and fines for nominated laws)

Schedule 1, entry for Land Act 1994—
omit, insert—

Land Act 1994

Column 1 Infringement notice offence		Column 2 Infringement notice fine (penalty units)
Individual	Corporation
s 214J(1)	20	100
s 390ZB(1)	3	15
s 390ZF(1)	10	–
s 390ZK	5	–
s 390ZL(1)	10	50
s 390ZL(2)	10	50
s 403K(2)	2	10
s 403M	4	20
s 403N(6)	for a direction given under s 403N(2)(a)	10	50
for a direction given under s 403N(2)(b)	3	15
s 404(1)	for a trespass related act mentioned in s 404(1)(a)	10	50
for a trespass related act mentioned in s 404(1)(b)	5	25
for a trespass related act mentioned in s 404(1)(c)	3	15
for a trespass related act mentioned in s 404(1)(d)	10	50
for a trespass related act mentioned in s 404(1)(e)	10	50
s 407	10	50

Authorised person for service of infringement notices—an authorised officer appointed under the Land Act 1994, section 390E

Part 14    Amendment of Torres Strait Islander Land Act 1991

299   Act amended

This part amends the Torres Strait Islander Land Act 1991.

Note—

See also the amendments in schedule 1, part 1.

300   Amendment of s 28B (Definitions for pt 2A)

Section 28B, definition interest holder, paragraph (d), ‘registered lease’—
omit, insert—

registered sublease

301   Amendment of s 28R (Dwelling on available land)

(1)Section 28R(5)—
omit, insert—

(5)If the dwelling notice states the housing chief executive consents to the applicant making the application, the trustee must decide the price of the dwelling—

(a)by agreement with the housing chief executive; or

(b)by using a methodology agreed between the trustee and the housing chief executive.

(2)Section 28R(6), ‘valuation’—
omit.

302   Amendment of s 28T (Offer to allocate available land)

Section 28T(3), ‘value’—
omit, insert—

price

303   Amendment of s 36 (Appointment of grantee to hold land for benefit of Torres Strait Islanders)

Section 36(3)—
omit, insert—

(3)However, the Minister may appoint a CATSI corporation that is a registered native title body corporate as the grantee of the land under subsection (2) only if—

(a)under the Commonwealth Native Title Act, a determination has been made that native title exists in relation to all or a part of the land and the CATSI corporation is the registered native title body corporate for the determination; or

(b)a determination has not been made under the Commonwealth Native Title Act that native title exists in relation to all or a part of the land, but the Minister is satisfied it is appropriate in all the circumstances to appoint the CATSI corporation as the grantee of the land.

Examples of when it is appropriate to appoint the CATSI corporation as the grantee of the land—

1The appointment of the CATSI corporation is supported by consultation with Torres Strait Islanders particularly concerned with the land.

2The land is within the external boundaries of an area of land the subject of a native title determination and the CATSI corporation is the registered native title body corporate for the determination.

3An ILUA has been entered into for the land and the CATSI corporation is nominated in the ILUA as the proposed grantee for the land under this Act.

4Anthropological research supports the CATSI corporation as being the appropriate grantee.

304   Amendment of s 60 (Transfer to entity to hold for benefit of Torres Strait Islanders)

Section 60(3)(a) and (b)—
omit, insert—

(a)under the Commonwealth Native Title Act, a determination has been made that native title exists in relation to all or a part of the land and the CATSI corporation is the registered native title body corporate for the determination; or

(b)a determination has not been made under the Commonwealth Native Title Act that native title exists in relation to all or a part of the land, but the Minister is satisfied it is appropriate in all the circumstances for the land to be transferred to the CATSI corporation.

Examples of when it is appropriate for the land to be transferred to the CATSI corporation—

1The transfer to the CATSI corporation is supported by consultation with Torres Strait Islanders particularly concerned with the land.

2The land is within the external boundaries of an area of land the subject of a native title determination and the CATSI corporation is the registered native title body corporate for the determination.

3An ILUA has been entered into for the land and the CATSI corporation is nominated in the ILUA as the proposed transferee for the land under this Act.

4Anthropological research supports the CATSI corporation as being the appropriate transferee.

305   Amendment of s 71 (Transfer of Torres Strait Islander land)

(1)Section 71(2)—
omit.

(2)Section 71(3)—
renumber as section 71(2).

306   Amendment of s 72 (Application for approval to transfer)

Section 72(2)(c), ‘the matters mentioned in section 73(1)(c)’—
omit, insert—

each matter mentioned in section 73(1)(c) or (d) that applies to the transfer

307   Amendment of s 73 (Minister’s approval to transfer)

(1)Section 73(1)—
insert—

(ca)if the transferee is a CATSI corporation that is a registered native title body corporate—

(i)under the Commonwealth Native Title Act, a determination has been made that native title exists in relation to all or a part of the land and the CATSI corporation is the registered native title body corporate for the determination; or

(ii)a determination has not been made under the Commonwealth Native Title Act that native title exists in relation to all or a part of the land, but it is appropriate in all the circumstances for the land to be transferred to the CATSI corporation; and

Examples of when it is appropriate for the land to be transferred to the CATSI corporation—

1The transfer to the CATSI corporation is supported by consultation with Torres Strait Islanders particularly concerned with the land.

2The land is within the external boundaries of an area of land the subject of a native title determination and the CATSI corporation is the registered native title body corporate for the determination.

3An ILUA has been entered into for the land and the CATSI corporation is nominated in the ILUA as the proposed transferee for the land under this Act.

4Anthropological research supports the CATSI corporation as being the appropriate transferee.

(2)Section 73(1)(ca) and (d)—
renumber as section 73(1)(d) and (e).

(3)Section 73(3)(b), ‘section 71(3)(d)(i)’—
omit, insert—

section 71(2)(d)(i)

308   Amendment of s 76 (Transfer of Torres Strait Islander land)

(1)Section 76(2)—
omit.

(2)Section 76(3)—
renumber as section 76(2).

309   Amendment of s 78 (Minister’s approval to transfer)

(1)Section 78(1)—
insert—

(ba)if the transferee is a CATSI corporation that is a registered native title body corporate—

(i)under the Commonwealth Native Title Act, a determination has been made that native title exists in relation to all or a part of the land and the CATSI corporation is the registered native title body corporate for the determination; or

(ii)a determination has not been made under the Commonwealth Native Title Act that native title exists in relation to all or a part of the land, but it is appropriate in all the circumstances for the land to be transferred to the CATSI corporation; and

Examples of when it is appropriate for the land to be transferred to the CATSI corporation—

1The transfer to the CATSI corporation is supported by consultation with Torres Strait Islanders particularly concerned with the land.

2The land is within the external boundaries of an area of land the subject of a native title determination and the CATSI corporation is the registered native title body corporate for the determination.

3An ILUA has been entered into for the land and the CATSI corporation is nominated in the ILUA as the proposed transferee for the land under this Act.

4Anthropological research supports the CATSI corporation as being the appropriate transferee.

(2)Section 78(1)(ba) and (c)—
renumber as section 78(1)(c) and (d).

310   Amendment of s 93 (Additional conditions and requirements for social housing dwelling)

(1)Section 93(2)—
omit, insert—

(2)Before the lease is granted, the lessor must decide the price of the dwelling—

(a)by agreement with the housing chief executive; or

(b)by using a methodology agreed between the lessor and the housing chief executive.

(2)Section 93(3), (4)(b) and (6), note, ‘value’—
omit, insert—

price

311   Amendment of s 192 (Dealing with particular trust property)

Section 192(1) and (3), ‘value’—
omit, insert—

price

312   Amendment of sch 1 (Dictionary)

(1)Schedule 1—
insert—

native title determination, in relation to land, means a determination under the Commonwealth Native Title Act that native title exists in relation to all or a part of the land.

(2)Schedule 1, definition social housing, paragraph (b), ‘the value of’—
omit.

Part 15    Other amendments

313   Legislation amended

Schedule 1 amends the legislation it mentions.

Schedule 1 Other amendments

section 311

Part 1    Amendments commencing on assent

Aboriginal Land Act 1991

1   Section 305(2), definition renumbered Act, ‘former section 306’—

omit, insert—

section 148, as inserted by the Aboriginal Land and Torres Strait Islander Land and Other Legislation Amendment Act 2011, section 90

2   Section 306(1), note, ‘on 7 December 2012’—

omit.

Land Act 1994

1   Section 29(1), ‘chapter 7, part 1, division 3’—

omit, insert—

chapter 6A, part 3

2   Section 29(1), note—

omit, insert—

Note—

Chapter 6A, part 3 deals with the power of an authorised officer to enter a place, including a place that is freehold land or non-freehold land.

3   Section 130A(5), ‘section 234(c)’—

omit, insert—

section 234(d)

4   Section 237A, ‘section 234(b), (c), (d) or (f)’—

omit, insert—

section 234(b), (c), (d), (e) or (f)

5   Sections 238(1) and 239(1)(b), ‘section 234(d)’—

omit, insert—

section 234(e)

6   Section 252(1) and (2)(b), ‘section 400’—

omit, insert—

section 390ZD

7   Particular references to authorised person

Each of the following provisions is amended by omitting ‘authorised person’ and inserting ‘authorised officer’—

•section 253

•section 431B(1) and (2)

•section 431C(c)

8   Schedule 1B, authorising provision, ‘section 448(3)’—

omit, insert—

section 448(4)

Land Title Act 1994

1   Section 4, heading, ‘—the dictionary’—

omit.

2   Section 54E(2), ‘owner’—

omit, insert—

owners

3   Section 67(2)(b), ‘a lease’—

omit, insert—

the lease

4   Section 133(4), definition power of attorney, ‘Powers of Attorney Act 1988’—

omit, insert—

Powers of Attorney Act 1998

Petroleum and Gas (Production and Safety) Act 2004

1   Section 392BN(4)(a), ‘a copy’—

omit, insert—

an overview

2   Section 392BN(4)(b), ‘copy’—

omit, insert—

overview

3   Section 392BN(7)(a), ‘a copy’—

omit, insert—

an overview of the safety management system

4   Section 586(1), note, ‘(Additional orders that may be made on conviction)’—

omit.

5   Section 587(6), note, ‘(Additional orders that may be made on conviction)’—

omit.

6   Section 674(1)(a), after ‘make’—

insert—

or adopt

7   Section 674(2)(a), after ‘made’—

insert—

or adopted

8   Section 675A(1), ‘made’—

omit.

9   Section 687(5), definition senior managing officer, after ‘corporation’—

insert—

or organisation

10   Section 687A(3), ‘the responsible’—

omit, insert—

responsible

11   Section 697(3), ‘in the approved form’—

omit.

15   Section 774(1), note, ‘(Additional orders that may be made on conviction)’—

omit.

16   Section 791(1)(c), ‘petroleum’—

omit.

17   Section 809(c), from ‘fitting’—

omit, insert—

fitting.

18   Section 834(1)(a), after ‘given,’—

insert—

held,

19   Section 834(1)(aa) and (b), after ‘kept’—

insert—

or held

20   Section 841, heading, ‘Additional orders’—

omit, insert—

Orders about forfeiture

Torres Strait Islander Land Act 1991

1   Section 151, heading, after ‘Act’—

insert—

1989

2   Section 201, definition previous, editor’s note, ‘section 205’—

omit, insert—

section 142, as inserted by the Aboriginal Land and Torres Strait Islander Land and Other Legislation Amendment Act 2011, section 188

3   Section 204(2), definition renumbered Act, ‘section 205’—

omit, insert—

section 142, as inserted by the Aboriginal Land and Torres Strait Islander Land and Other Legislation Amendment Act 2011, section 188

Part 2    Amendments commencing on 1 October 2019

Acquisition of Land Act 1967

1   Section 12(2B)—

omit.

2   Section 17(3)—

omit.

Integrated Resort Development Act 1987

1   Sections 106(5)(a) and 143(5)(a), ‘(other than certificates of title for lots)’—

omit.

Land Title Regulation 2015

1   Schedule 2, item 2(i)—

omit.

2   Schedule 2, item 2(j) to (m)—

renumber as schedule 2, item 2(i) to (l).

Queensland Building and Construction Commission Act 1991

1   Section 46, heading, ‘on certificate of title’—

omit, insert—

of permit in register

2   Section 46(3), ‘the file attached to’—

omit.

3   Section 46(4), ‘file’—

omit, insert—

register

Retirement Villages Regulation 2010

1   Section 2(m), ‘certificate of title’—

omit, insert—

real property description

Sanctuary Cove Resort Act 1985

1   Sections 27(4)(a) and 70(4)(a) and (4A)(a), ‘(other than certificates of title for lots)’—

omit.

2   Section 27(4A)(a), ‘(other than certificates of titles for lots)’—

omit.

Water Act 2000

1   Section 173(1)(b), ‘divisions 2, 2A and 3’—

omit, insert—

divisions 2 and 2A

2   Section 173(1)(g), ‘sections 154 and’—

omit, insert—

section

Part 3    Amendments commencing by proclamation

Explosives Act 1999

1   Section 102(3)(b), note—

omit.

2   Sections 102(5) and (7) and 103(5) and (7), ‘, boat’—

omit.

3   Section 103(3)(b), note—

omit.

4   Section 107, heading, ‘s 56’—

omit, insert—

s 56A

5   Section 107(1), ‘section 56’—

omit, insert—

section 56A

6   Section 121, ‘74, 99 or 101’—

omit, insert—

74 or 99

Explosives Regulation 2017

1   Sections 41(2), 49(2)(b), 51(3), definition prescribed vehicle, 133(a) and (b), 134(1), 137(1), 138, 142(a)(i) and (b), 144(1) and (2), definition relevant event and 145(1) and (2), ‘or boat’—

omit.

2   Section 44(2), ‘proposed action’—

omit, insert—

proposal

3   Section 80(1)(a), after ‘factory’—

insert—

that involves an imminent risk of death or injury to a person

4   Section 130(1)(a), after ‘magazine’—

insert—

that involves an imminent risk of death or injury to a person

5   Section 141(1)(a), after ‘explosives’—

insert—

that involves an imminent risk of death or injury to a person

Petroleum and Gas (Production and Safety) Act 2004

1   Section 546(a)(iv), ‘690(1)(f) or’—

omit.

2   Chapter 9, part 2, division 2, note, ‘(Operator is default site safety manager)’—

omit.

3   Chapter 9, part 3, heading, ‘report’—

omit, insert—

information notice

4   Chapter 9, part 3, division 1, heading, ‘and safety report’—

omit.

5   Section 708A(2), ‘733’—

omit, insert—

731AA

6   Chapter 9, part 6, division 3, subdivision 1, heading—

omit.

7   Chapter 9, part 6, division 3, subdivision 2, heading—

omit.

8   Section 834(1)(a)(v), ‘730’—

omit, insert—

734AB

Statutory Instruments Regulation 2012

1   Schedule 1—

insert—

4a notice making a determination, other than an administrative determination, under the Explosives Regulation 2017, section 145B

Transport Operations (Road Use Management) Act 1995

1   Sections 31(2)(a), 32(2) and 39A(2), after ‘inspector’—

insert—

or an authorised officer

2   Section 47(2), after ‘inspectors’—

insert—
or authorised officers

Transport Operations (Road Use Management—Dangerous Goods) Regulation 2008

1   Section 24(3)(b), note, from ‘under the’—

omit, insert—

under the Statutory Instruments Regulation 2012, section 2(3) and schedule 1.

2   Section 25(2)(b), note, from ‘under the’—

omit, insert—

under the Statutory Instruments Regulation 2012, section 2(3) and schedule 1.

© State of Queensland 2019