Explosives Act 1952

Legislation au C1952A00099 Not in force Act

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EXPLOSIVES.

 

No. 99 of 1952.

An Act relating to Explosives.

[Assented to 18th November, 1952.]

[Date of commencement, 16th December, 1952.]

BE it enacted by the Queen’s Most Excellent Majesty, the Senate and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title.

1. This Act may be cited as the Explosives Act 1952.

Definitions.

2. In this Act, unless the contrary intention appears—

“Commonwealth explosives” means explosives which are the property of, or are in the possession or control of, the Commonwealth and are for use, or are capable of being used—

(a) by the naval, military or air forces of the Commonwealth; or

(b) otherwise for, or for purposes related to, the defence of the Commonwealth;

“explosives” means—

(a) substances or articles capable of producing an explosive, incendiary or pyrotechnics effect;

(b) substances or articles prescribed by the regulations to be explosives; or

(c) containers which have contained a substance or article to which either of the two preceding paragraphs of this definition applies and have not been certified, in accordance with the regulations, to be free from explosives;

“handling” includes loading, unloading, discharging, stacking, Stowing, storing, transporting and any operation incidental to, or arising out of, any of those operations;

“vessel” means a ship, boat or other vessel used for any purpose on the sea or in navigation, but does not include a vessel belonging to the naval forces of the Commonwealth or of another part of the Queen’s dominions.

Act to bind Crown.

3. This Act binds the Crown in right of the Commonwealth or of a State and any authority constituted by or under a law of the Commonwealth or of a State or Territory of the Commonwealth.

Application.

4.—(1.) This Act extends to all the Territories of the Commonwealth.

(2.) Where a law, not being an Act, in force in a Territory of the Commonwealth is inconsistent with this Act or the regulations, or with an order under the regulations, that law is, to the extent of the inconsistency, of no effect.


Regulations.

5.—(1.) The Governor-General may make regulations for or in relation to, or for or in relation to any matter arising out of or incidental to, the handling of Commonwealth explosives, and for prescribing all matters which, by this Act, are required or permitted to be prescribed, or which are necessary or convenient to be prescribed for carrying out or giving effect to this Act.

(2.) Without limiting the generality of the power to make regulations conferred by the last preceding sub-section, the regulations which may be made under that sub-section include regulations for or in relation to—

(a) safety measures to be observed at, in or upon a place, vehicle, aircraft or vessel at, in, upon or in the vicinity of which there are Commonwealth explosives; and

(b) the establishment, and the functions and powers, of committees to advise the Minister on such matters as are prescribed.

(3.) Before making regulations for or in relation to the handling of Commonwealth explosives in a port, the Governor-General shall take into consideration any recommendations with respect to the proposed regulations made to the Minister by the committee known as the Permanent Committee of the Australian Port Authorities Association.

Orders.

6.—(1.) The regulations may empower a person—

(a) to provide, by order, for any matter which may be provided for by the regulations; and

(b) to direct, by order, that a vessel in which Commonwealth explosives are, or are to be, loaded may be moored or berthed in a port specified in the order.

(2.) Orders made under the regulations shall not be deemed to be Statutory Rules within the meaning of the Rules Publication Act 1903–1939.

(3.) The provisions of section forty-eight (except paragraphs (a) and (b) of sub-section (1.), and sub-section (2.)) and of section forty-nine of the Acts Interpretation Act 1901–1950 apply, by force of this section, to orders made under the regulations in like manner as those provisions apply to regulations.

(4.) The Acts Interpretation Act 1901–1950 applies, by force of this section, to the interpretation of orders made under the regulations in like manner as it applies to the interpretation of regulations, and, for the purposes of section forty-six of that Act, orders so made shall be deemed to be regulations.

(5.) Where the regulations confer power to make orders, the power includes, unless the contrary intention appears, power exercisable in the like manner, and subject to the like conditions (if any), to repeal, revoke amend or vary an order so made.


Date from which orders take effect.

7. An order made under the regulations shall take effect—

(a) in the case of an order required by the regulations to be published in the Gazette—on the date of publication; and

(b) in any other case—on the date on which the order is made, or on such later date as is prescribed or fixed by or under the regulations.

Proof of instruments.

8. Evidence of an order or other instrument made or issued by a Minister or other person in pursuance of a provision contained in, or having effect under, the regulations may, in any legal proceedings, be given by the production of—

(a) a document purporting to be that order or other instrument and to be signed by the Minister or that other person; or

(b) a document purporting to be certified to be a true copy of that order or other instrument by or on behalf of the Minister or that other person.

Offences.

9. A person who contravenes, or fails to comply with, a provision of the regulations or of an order made under the regulations is guilty of an offence against this Act punishable upon conviction by a fine not exceeding Fifty pounds or imprisonment for a term not exceeding three months, or both, and in addition, if the offence is a continuing one, by a fine not exceeding Fifty pounds for each day during which the offence continues.

Indemnity.

10. The Commonwealth may indemnify a person from and against all actions, proceedings, claims, demands, costs and expenses relating to any loss, damage or injury to any person or property attributable to Commonwealth explosives or to the handling of Commonwealth explosives.

 

Overview

The Explosives Act 1952 was enacted to regulate the handling of explosives that are the property of, or in the possession or control of, the Commonwealth, for use by the naval, military or air forces of the Commonwealth or for defence purposes. This Act, assented to by the Queen, the Senate, and the House of Representatives, commenced on 16 December 1952. Its primary objective is to ensure the safe handling and control of Commonwealth explosives throughout all territories of the Commonwealth. The Act applies to all Commonwealth territories and overrides any inconsistent laws in force within these territories. It empowers the Governor-General to make regulations concerning the handling of these explosives, including safety measures and the establishment of advisory committees. The Act also provides for the creation of orders under these regulations and outlines the penalties for contravening the regulations or orders, which include fines or imprisonment. Furthermore, it allows the Commonwealth to indemnify individuals against claims arising from loss, damage, or injury caused by Commonwealth explosives or their handling.

Scope and Application

The Explosives Act 1952 is a Commonwealth statute that governs the handling of explosives within Australia, including its territories. This Act applies to the Commonwealth, any state or territory authorities, and any individual or entity handling explosives that are owned or controlled by the Commonwealth and designated for use in defence or by the naval, military, or air forces. The Act extends its jurisdictional reach across all Commonwealth territories, thereby ensuring uniform regulation and oversight of explosives. It also provides for the Governor-General to create regulations for the handling of these explosives, including safety measures and the establishment of advisory committees. Furthermore, the Act allows for orders to be made under these regulations, which are subject to specific legal procedures for evidence and effectivity. Any contravention of the Act or its regulations is treated as an offence, with penalties including fines, imprisonment, or both, and the Commonwealth reserves the right to indemnify individuals against certain liabilities arising from the handling of Commonwealth explosives.

Key Provisions

The Explosives Act 1952 (section 1) provides the legal framework for the regulation of explosives in Australia, including those owned or controlled by the Commonwealth government. The Act defines "Commonwealth explosives" (section 2(a)) as those belonging to or under the control of the Commonwealth, intended for use by the naval, military, or air forces, or for defence purposes. "Explosives" (section 2(b)) are substances or articles that can produce explosive, incendiary, or pyrotechnic effects, including those prescribed by regulations or contained in containers not certified as free from such substances. "Handling" (section 2(c)) encompasses various operations related to explosives, such as loading, unloading, storing, and transporting. The Act applies to all Commonwealth territories (section 4(1)), and in the event of inconsistency with local laws, the Act prevails (section 4(2)). The Act imposes several obligations on parties handling Commonwealth explosives. Firstly, it mandates adherence to regulations (section 5), which may include safety measures and the establishment of advisory committees. For port-related regulations, the Governor-General must consider recommendations from the Permanent Committee of the Australian Port Authorities Association (section 5(2)). The regulations may empower certain persons to issue orders regarding the handling of explosives in ports (section 6(1)). Furthermore, the Act provides mechanisms for the proof of such orders and instruments in legal proceedings (section 8). The Act establishes penalties for non-compliance with its provisions. Contravening a regulation or an order made under the Act is an offence (section 9) punishable by a fine not exceeding Fifty Pounds, imprisonment for up to three months, or both, with additional fines for continuing offences. The Commonwealth retains the right to indemnify individuals from actions related to loss, damage, or injury caused by Commonwealth explosives or their handling (section 10). This indemnity can cover costs, claims, and expenses arising from such incidents.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.