Queensland: Explosives Act 1999 (Qld)

Explosives Act 1999 An Act to regulate the handling of and access to explosives, and for other purposes Part 1 Preliminary 1 Short title This Act may be cited as the Explosives Act 1999. 2 Commencement This Act commences on a day to be fixed by proclamation. 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. 3 Definitions—the dictionary The dictionary in schedule 2 defines particular words used in this Act. 4 Act binds all persons This Act binds all persons, including the State and, so far as the legislative power of the Parliament permits, the Commonwealth and the other States. 4A Application of Act to coastal waters of the State This Act applies to the coastal waters of the State as if the coastal waters of the State were part of the State. 5 Act does not apply to some explosives This Act does not apply to explosives to which the Explosives Act 1961 (Cwlth) applies. 6 Act's effect on other Acts (1) If there is an inconsistency between this Act and an Act about mining, the Act about mining prevails to the extent of the inconsistency. (2) In subsection (1)— Act about mining means— (a) the Coal Mining Safety and Health Act 1999; or (b) the Mining and Quarrying Safety and Health Act 1999. 7 Exemptions (1) A regulation may exempt an explosive from this Act or any of its provisions. (2) A regulation may also exempt any of the following from this Act or any of its provisions— (a) a government entity; (b) a Commonwealth entity. (3) An exemption may be given on stated conditions. (4) If an exemption is given on conditions, the exemption operates only if the conditions are complied with. Part 2 Authorised and prohibited explosives 8 Authorised explosives (1) The chief inspector may declare an explosive to be an authorised explosive for this Act. (2) Before making a declaration under subsection (1), the chief inspector must— (a) define the composition, quality and character of the explosive; and (b) classify the explosive in a way prescribed under a regulation. (3) If the composition, quality or character of an authorised explosive changes, the explosive stops being an authorised explosive. 9 Register of authorised explosives (1) The chief inspector must keep a register of authorised explosives. (2) The register— (a) must include the defined composition, quality, character and classification of each authorised explosive; and (b) is not open to inspection by anyone other than the chief inspector or an inspector. (3) However, the chief inspector must give a list of authorised explosives to anyone who asks for it. (4) The list must not include the defined composition, quality or character of the explosives named in it. 10 Prohibited explosives A regulation may declare an explosive to be a prohibited explosive. 11 Offence in relation to unauthorised and prohibited explosives (1) A person must not manufacture, possess, sell, store, transport or use an unauthorised or prohibited explosive. Maximum penalty—400 penalty units or 6 months imprisonment. (2) Subsection (1) does not apply to an act done under an explosives trial approval. 12 Approvals for trial etc. of unauthorised or prohibited explosives A regulation may authorise the chief inspector to issue to a person an approval to manufacture, possess, sell, store, transport or use an unauthorised or prohibited explosive for trial, experiment or examination (an explosives trial approval). Part 3 Authorities and security clearances 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 123S(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. Division 1 Authorities 13 Authorities that may be issued under Act A regulation may prescribe the authorities that may be issued under this Act and what each authority authorises. 14 Application for authority (1) A person may apply to the chief inspector for an authority. (2) The application must— (a) be made in the approved form; and (b) be accompanied by the fee prescribed under a regulation for the authority. 15 Inquiries about person's appropriateness (1) This section applies to the following persons— (a) an applicant for an authority; (b) an authority holder; (c) an employee of an applicant for an authority; (d) an employee of an authority holder. (2) The chief inspector may make reasonable inquiries about the person to help in deciding whether the person— (a) for subsection (1)(a)—is an appropriate person for the grant of an authority; or (b) for subsection (1)(b)—continues to be an appropriate person to hold an authority; or (c) for subsection (1)(c)—is an appropriate person to have access to explosives; or (d) for subsection (1)(d)—continues to be an appropriate person to have access to explosives. (3) If the person is an individual, the chief inspector may, for subsection (2), make inquiries about the person's identity, character, physical health and relevant experience and expertise. (4) In deciding whether the person is an appropriate person, the chief inspector may consider, among other things— (a) if the person is an individual— (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 (b) if the person is a corporation— (i) whether the corporation is an insolvent under administration under the Corporations Act; and (ii) whether the corporation has been convicted, in Queensland or elsewhere, of an offence involving a prescribed activity; and (iii) whether an executive officer of the corporation would be considered to be an appropriate person under this section; and (iv) information that indicates it would be contrary to the public interest for the corporation to hold an authority. (5) Also, in deciding whether an applicant for an authority or an authority holder is an appropriate person, the chief inspector must consider whether the person has adequate facilities for the use and handling of explosives. (6) Information required to be supplied under this section may be used only to decide whether the person is an appropriate person for this section or to investigate or prosecute an offence and must not be disclosed for any purpose other than as provided by section 132. (7) For this section, the chief inspector may— (a) inspect the facilities mentioned in subsection (5); or (b) supply information or a document relevant to the person's identity to an officer or member of a State or Commonwealth police service; or (c) require the person to display an adequate knowledge of safety and security practices for the use and handling of explosives. (8) An applicant for an authority is taken to have withdrawn the application if the applicant fails to allow the inspection under subsection (7)(a) within a stated reasonable time (not less than 28 days after notice of the requirement is given to the applicant). 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. (4) Despite subsections (2) and (3), if the person is a licensed dealer, the person is an appropriate person to hold, or to continue to hold, a security sensitive authority if the only employees of the person who have or will have unsupervised access to an explosive in the course of the employee's employment, and who do not hold security clearances, are qualified weapons employees. 16 Additional information (1) The chief inspector may, by written notice, require a person mentioned in section 15(1) to give the chief inspector further information the chief inspector reasonably needs to be satisfied about the person's identity or physical health. (2) 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) The notice must— (a) state that the information must be given within a stated reasonable time (not less than 28 days after the notice is given); and (b) be given to— (i) for a person mentioned in section 15(1)(a) or (c)—the applicant for the authority; or (ii) for a person mentioned in section 15(1)(b) or (d)—the authority holder. (4) Information required to be supplied under this section may be used only to decide whether the person is an appropriate person for section 15 or to investigate or prosecute an offence and must not be disclosed for any purpose other than as provided under section 132. (5) An applicant for an authority is taken to have withdrawn the application if the applicant or the applicant's employee fails to provide the information required under subsection (1) within the time stated in the notice. 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. 17 How chief inspector may deal with application (1) The chief inspector must consider an application for an authority and either— (a) issue the authority with or without conditions; or (b) refuse to issue the authority. Note— See also section 123S(2). (2) 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) If the chief inspector decides to issue the authority, the chief inspector must promptly give the applicant— (a) the authority; and (b) if the authority is subject to conditions, an information notice for the decision to impose conditions. (4) If the chief inspector decides not to issue the authority, the chief inspector must promptly— (a) give the applicant an information notice for the decision; and (b) refund fees paid by the applicant, other than fees for assessing the application. 18 Compliance with conditions (1) An authority holder must comply with the conditions prescribed under a regulation for each authority issued to the authority holder. Maximum penalty—200 penalty units. (2) If the chief inspector imposes a condition on an authority, the authority holder must comply with the condition. Maximum penalty—200 penalty units. 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. 19 Term of authority (1) An authority is for the term stated in the authority, but can not be for more than the term prescribed under a regulation. (2) At the end of the term, the authority expires. 20 Transfer of authority (1) A licence, other than an occupational authority, may be transferred with the written approval of the chief inspector. (2) Another type of authority can not be transferred. 21 Renewal of authority (1) A licence is renewable. (2) An authority other than a licence can not be renewed. 22 Division applies to application for renewal of licence (1) This division applies to an application for the renewal of a licence. (2) However, the chief inspector may renew a licence only if the application is made to the chief inspector before the licence expires. Division 2 Suspension and cancellation of authorities and security clearances Subdivision 1 Suspensions and cancellations generally 23 Grounds for suspending or cancelling authorities (1) Each of the following is a ground for the suspension or cancellation of an authority— (a) the authority was obtained because of incorrect or misleading information; (b) the holder has contravened an authority condition; (c) the holder is convicted of or charged with— (i) an offence against this Act or an Act of another State about explosives; or (ii) another offence involving the use of explosives; (d) the holder, or someone else required under a regulation to be an appropriate person for the issue of the authority, is not, or is no longer, an appropriate person; (e) someone other than the holder controls the holder's operations under the authority; (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(3); (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. (2) However, subsection (1)(i) to (l) applies only if the authority is a security sensitive authority. 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. 24 Procedure for suspension or cancellation (1) This section applies if the chief inspector considers there is a ground to suspend or cancel an authority or security clearance (the proposed action). (2) Before taking the proposed action, the chief inspector must give the holder of the authority or security clearance a written notice stating— (a) the proposed action; and (b) the grounds for the proposed action; and (c) an outline of the facts and circumstances that are the basis of the grounds; and (d) if the proposed action is suspension of the authority or security clearance—the proposed suspension period; and (e) that the holder may show, within a stated reasonable time (not less than 28 days after the notice is given to the holder) why the proposed action should not be taken. (3) If, after considering all representations made within the stated time, the chief inspector still considers there is a ground to take the proposed action, the chief inspector may— (a) if the proposed action was to suspend the authority or security clearance for a stated period—suspend the authority or security clearance for not longer than the proposed suspension period; or (b) if the proposed action was to cancel the authority or security clearance—either cancel the authority or security clearance or suspend it for a period. (4) The chief inspector must inform the holder of the authority or security clearance of the decision by written notice. (5) If the chief inspector decides to suspend or cancel the authority or security clearance, the chief inspector must give the holder of the authority or security clearance an information notice for the decision. (6) The decision takes effect on the day the notice is given to the holder of the authority or security clearance, or if a later day of effect is stated in the notice, the later day. (7) However, if the authority or security clearance is suspended or cancelled because of the conviction of a person for an offence, the suspension or cancellation— (a) does not take effect until— (i) the end of the time to appeal against the conviction; and (ii) if an appeal is made against the conviction—the appeal is finally decided or otherwise ends; and (b) has no effect if the conviction is quashed. 25 Procedure for urgent suspension or cancellation of authorities and security clearances (1) This section applies if the chief inspector is reasonably satisfied— (a) urgent action is necessary in the particular circumstances; and (b) undue delay in suspending or cancelling an authority or security clearance may cause harm to the public. (2) The chief inspector may suspend or cancel an authority or security clearance for the reason mentioned in subsection (1) without previous notice to the holder of the authority or security clearance. (3) However, the chief inspector must immediately inform the holder of the authority or security clearance of the decision by giving an information notice for the decision. (4) The decision takes effect on the day the information notice is given to the holder of the authority or security clearance or, if a later day of effect is stated in the information notice, the later day. 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). Subdivision 3 Provisions about suspended and cancelled authorities and security clearances 26 Return of authorities and security clearances (1) The holder of a suspended authority or security clearance, or the former holder of a cancelled authority or security clearance, must return the authority or security clearance to the chief inspector within 14 days after the suspension or cancellation takes effect, unless the person has a reasonable excuse for not returning it, or not returning it within that time. Maximum penalty—200 penalty units. (2) If a suspended authority or security clearance is returned to the chief inspector, the chief inspector must return it to the holder of the authority or security clearance at the end of the suspension period. 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. Division 3 Other provisions about authorities and security clearances 27 Replacement of authorities and security clearances (1) The holder of an authority or security clearance may apply to the chief inspector for the replacement of a lost, stolen or destroyed authority or security clearance. (2) The chief inspector must consider the application and either— (a) replace the authority or security clearance; or (b) refuse to replace the authority or security clearance. (3) If the chief inspector is reasonably satisfied the authority or security clearance has been lost, stolen or destroyed, the chief inspector must replace the authority or security clearance. (4) If the chief inspector decides to refuse to replace the authority or security clearance, the chief inspector must give the holder of the authority or security clearance an information notice for the decision. 28 Amendment of authority on application (1) An authority holder may apply to the chief inspector for an amendment of the authority. (2) The application must— (a) be made in the approved form; and (b) be made at least 28 days before the holder wants the amendment to take effect; and (c) be accompanied by the fee prescribed under a regulation. (3) However, failure to comply with subsection (2) does not prevent the chief inspector dealing with the application. (4) The chief inspector must decide the application by— (a) amending the authority in the way sought; or (b) refusing to amend the authority. (5) The chief inspector may amend the authority only if the chief inspector is reasonably satisfied the amendment is desirable in the interests of the effective administration of this Act. (6) If the chief inspector decides to amend the authority, the chief inspector must promptly give the authority holder a written notice stating the decision and the amendment. (7) If the chief inspector decides not to amend the authority, the chief inspector must give the authority holder an information notice for the decision. 29 Amendment of authority without application (1) This section applies if the chief inspector considers it is desirable to amend an authority in the interests of the effective administration of this Act. (2) Before amending the authority, the chief inspector must give the authority holder a written notice stating— (a) the proposed amendment; and (b) the reasons for the amendment; and (c) that the holder may show, within a stated reasonable time of at least 28 days after the notice is given to the holder, why the amendment should not be made. (3) If, after considering all representations made within the stated time, the chief inspector still believes the authority should be amended, the chief inspector may amend the authority— (a) in the way proposed; or (b) in another way, having regard to the representations. (4) The chief inspector must inform the authority holder of the decision by written notice. (5) If the chief inspector decides to amend the authority, the chief inspector must give the authority holder an information notice. (6) Subsections (1) to (5) do not apply if the chief inspector proposes to amend the authority— (a) by omitting a condition; or (b) for a formal or clerical reason that does not adversely affect the authority holder's interests. (7) The chief inspector may amend a condition of an authority in a way mentioned in subsection (6) by giving the authority holder an information notice for the decision to amend the authority. 30 Notice to return authority for alteration (1) The chief inspector may, by written notice, require the authority holder to return the authority to the chief inspector within a stated reasonable time of at least 14 days after the notice is given to the holder, to enable the chief inspector to amend the authority. (2) After amending the authority, the chief inspector must return the authority to the holder. (3) An authority holder must comply with a notice under subsection (1), unless the holder has a reasonable excuse. Maximum penalty—20 penalty units. (4) The amendment of the authority under this division does not depend on the authority being amended under this section. 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. 31 Surrender of authorities and security clearances (1) The holder of an authority or security clearance may surrender the authority or security clearance by written notice given to the chief inspector. (2) The authority or security clearance must accompany the notice. (3) The surrender of an authority or security clearance takes effect on the day the notice of surrender is given to the chief inspector or, if a later day of effect is stated in the notice, the later day. Part 4 Handling explosives Division 1 Preliminary 32 General duty of care (1) A person who is doing an act involving explosives must take reasonable precautions and use reasonable care to avoid endangering any person's safety, health or property. Maximum penalty— (a) if the contravention causes multiple deaths and serious harm to property or the environment—3,000 penalty units or 3 years imprisonment; or (b) if the contravention causes multiple deaths—2,000 penalty units or 3 years imprisonment; or (c) if the contravention causes death or grievous bodily harm—1,000 penalty units or 2 years imprisonment; or (d) if the contravention involves exposure to a substance likely to cause death or grievous bodily harm—750 penalty units or 1 year's imprisonment; or (e) if the contravention causes bodily harm—750 penalty units or 1 year's imprisonment; or (f) if the contravention causes serious harm to property or the environment—750 penalty units or 1 year's imprisonment; or (g) otherwise—500 penalty units or 6 months imprisonment. Note— If a corporation commits an offence against this provision, each executive officer of the corporation may be taken, under section 117, to have also committed the offence. (2) 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. (3) In this section— bodily harm see the Criminal Code, section 1. grievous bodily harm see the Criminal Code, section 1. 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) However, if the employer is a licensed dealer who holds a security sensitive authority, an employee of the licensed dealer who is a qualified weapons employee— (a) is not required to hold a security clearance; and (b) is not required to have access to an explosive under the direct supervision of a person who holds a security clearance. (3) 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). Division 2 Possession of explosives 34 Authority required to possess explosives (1) A person must not possess an explosive unless the person holds an authority that authorises the person to possess the explosive. Maximum penalty—400 penalty units or 6 months imprisonment. (2) Subsection (1) does not apply to the possession of an explosive prescribed under a regulation for this section. Division 3 Moving explosives into and out of the State 35 Application of div 3 This division applies to— (a) an explosive that may lawfully be exported from Australia (an export explosive); and (b) an explosive that may lawfully be imported into Australia (an import explosive). 36 Bringing or sending certain explosives into and out of the State A person must not send an export explosive from the State to another country or bring an import explosive into the State from another country unless the person holds an authority to send the export explosive to the other country or bring the import explosive into the State. Maximum penalty—400 penalty units or 6 months imprisonment. 37 Notice to chief inspector (1) This section applies if an authority holder intends to— (a) bring an import explosive into the State from another country; or (b) send an export explosive to another country. (2) The authority holder must, within the period or at the time requested under subsection (3) or (4), give the chief inspector notice in the approved form of— (a) the holder's intention; and (b) if the holder intends to bring an import explosive into the State from another country—the expected arrival date and arrival time for the import explosive; and (c) if the holder intends to send an export explosive to another country—the expected departure date and departure time for the export explosive. Maximum penalty—20 penalty units. (3) For subsection (2), the notice must be given to the chief inspector— (a) for an import explosive—at least 7 days before the expected arrival date for the import explosive; or (b) for an export explosive—at least 7 days before the expected departure date for the export explosive. (4) However, if the authority holder is not aware of the expected arrival date for the import explosive or the expected departure date for the export explosive in the period mentioned in subsection (3), the notice required under subsection (2) must be given to the chief inspector— (a) as soon as practicable after the holder becomes aware of the expected arrival date or expected departure date; and (b) not later than the day before the arrival date or departure date. (5) If any information stated in a notice given under subsection (2), or another written notice given under this subsection, changes, the holder must give the chief inspector written notice of the change— (a) as soon as practicable after the holder becomes aware of the change; and (b) not later than the day before the arrival date or departure date. Maximum penalty—20 penalty units. (6) Subsections (2) and (5) do not apply if the holder has a reasonable excuse. (7) In this section— arrival date, for an import explosive, means the day the import explosive will arrive at an airport or port in the State. arrival time, for an import explosive, means the time at which the import explosive will arrive at an airport or port in the State. departure date, for an export explosive, means the day the export explosive will be sent from an airport or port in the State. departure time, for an export explosive, means the time at which the export explosive will be sent from an airport or port in the State. Division 4 Manufacturing explosives 38 Explosive to be manufactured under authority (1) A person must not manufacture an explosive unless the person holds an authority that authorises the person to manufacture the explosive. Maximum penalty—400 penalty units or 6 months imprisonment. (2) Subsection (1) does not prevent a person— (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 (b) reconditioning an explosive at a government magazine or under an inspector's supervision; or (c) if the person is licensed or otherwise authorised to use a weapon under the Weapons Act 1990—filling ammunition for the weapon for use by the person. (3) Also, subsection (1) does not prevent the holder of an authority to use an explosive manufacturing an explosive prescribed under a regulation for this section (a prescribed explosive), by a manual operation performed under conditions prescribed under a regulation, for the holder's immediate use. (4) In addition, subsection (1) does not prevent an inspector manufacturing a prescribed explosive, by a manual operation performed under conditions prescribed under a regulation, for the inspector's immediate use. (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. 39 Offences relating to entry of factories (1) A person must not unlawfully enter an explosives factory. Maximum penalty—100 penalty units. (2) A person in physical possession of a firearm must not enter an explosives factory. Maximum penalty—200 penalty units. (3) Subsection (2) does not apply to a police officer or a security provider under the Security Providers Act 1993 who enters an explosives factory for performing official duties. (4) An inspector, a security provider or the holder of an authority in relation to an explosives factory may take reasonable steps to remove a person who has entered an explosives factory in contravention of subsection (1) or (2) from the factory or the land it is on. 40 Safety and security at factories (1) Each person in control of, or working at, an explosives factory must take reasonable precautions and use reasonable care to prevent an explosives incident at the factory. Maximum penalty—200 penalty units. (2) The holder of an authority in relation to an explosives factory must ensure a notice warning persons at the factory of their liability to penalty for an offence against subsection (1) is always conspicuously displayed so anyone entering the factory can easily see and read it. Maximum penalty—20 penalty units. Division 5 Selling explosives 41 Authority needed to sell explosives A person must not sell an explosive unless the person holds an authority that authorises the person to sell the explosive. Maximum penalty—200 penalty units or 3 months imprisonment. 42 Unauthorised sales of explosives A person must not sell an explosive to someone other than a person— (a) authorised to sell the explosive; or (b) authorised to store the explosive; or (c) authorised to use the explosive; or (d) otherwise authorised under a regulation. Maximum penalty—200 penalty units or 3 months imprisonment. 43 Selling explosives in public places prohibited A person in possession of an explosive in a public place must not sell the explosive in the public place. Maximum penalty—100 penalty units. Division 6 Storing explosives 44 Authority needed to store explosives A person must not store an explosive unless the person holds an authority to store the explosive. Maximum penalty—200 penalty units or 3 months imprisonment. 45 Where explosives may be stored (1) A person must not store an explosive at a place other than— (a) where it is lawfully manufactured; or (b) a magazine where the person may lawfully store it under this Act; or (c) a place approved by the chief inspector, by signed instrument, as suitable for storing the explosive under stated conditions. Maximum penalty—400 penalty units or 6 months imprisonment. (2) Subsection (1) does not apply to an explosive stored for a purpose prescribed under a regulation or by an inspector for testing. 46 Government magazines (1) The Minister may, by gazette notice, declare a place to be a government magazine. (2) The chief inspector is the person in charge of a government magazine. 47 Offences relating to entry of magazines (1) A person must not unlawfully enter a magazine. Maximum penalty—100 penalty units. (2) A person in physical possession of a firearm must not enter a magazine. Maximum penalty—200 penalty units. (3) Subsection (2) does not apply to a police officer or a security provider under the Security Providers Act 1993 who enters a magazine for performing official duties. (4) An inspector, a security provider or the holder of an authority in relation to a magazine may take reasonable steps to remove a person who has entered a magazine in contravention of subsection (1) or (2) from the magazine or the land it is on. 48 Safety and security at magazines (1) Each person in control of, or working at, a magazine must take reasonable precautions and use reasonable care to prevent an explosives incident at the magazine. Maximum penalty—200 penalty units. (2) The holder of an authority for a magazine must ensure a notice warning persons at the magazine of their liability to penalty for an offence against subsection (1) is always conspicuously displayed so anyone entering the magazine can easily see and read it. Maximum penalty—20 penalty units. 49 Person storing explosives must take precautions A person storing an explosive must take reasonable precautions— (a) to prevent an explosives incident; and (b) to minimise the likely effects of an explosives incident. Maximum penalty—200 penalty units. Division 7 Transporting explosives 50 Transporting explosives (1) A person must not transport an explosive in a vehicle unless the person holds an authority under this Act or a corresponding law to transport the explosive in the vehicle. Maximum penalty—200 penalty units. (2) 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) A person who is authorised to transport an explosive must ensure— (a) it is transported in the way required under this Act; and (b) it is delivered— (i) to a place where it may lawfully be stored or used; and (ii) to someone who may lawfully possess it. Maximum penalty—200 penalty units. (4) A person who may transport explosives under an authority does not commit an offence against this section if the person can not comply with the section because of— (a) the wilful act, neglect, or default of the consignor or consignee of the explosive or someone else (other than an agent or employee of the carrier); or (b) the improper refusal of the consignee or someone else to accept delivery of the explosive. (5) The person mentioned in subsection (4)(a) or (b) who prevented compliance with this section is instead taken to have committed the offence. (6) In this section— corresponding law means a law of another State dealing with the transport of explosives. 51 Explosives too dangerous to transport A person must not transport an explosive declared under a regulation to be too dangerous to transport. Maximum penalty—400 penalty units or 6 months imprisonment. 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. 52 When div 7 does not apply If another Act or law imposes safety obligations for transporting explosives by air, rail or sea, this division does not apply to explosives transported under the other Act or law. Division 8 Using explosives 53 Authority needed to use explosives (1) A person must not use an explosive unless the person holds an authority to use the explosive. Maximum penalty—200 penalty units. (2) Subsection (1) does not apply to an explosive prescribed under a regulation for this section. 54 Using explosives under conditions endangering life etc. (1) A person must not prepare an explosive for use, or use an explosive, other than in the way prescribed under a regulation. Maximum penalty—200 penalty units. (2) A person must not use an explosive if exploding it may reasonably be expected to endanger any person's safety, health or property. Maximum penalty—200 penalty units. Part 4A Industrial manslaughter 54A Definitions for part (1) In this part— conduct means an act or omission to perform an act. employer, for an act involving explosives, means— (a) a person who employs or otherwise engages an individual to do the act involving explosives; or (b) a person who arranges for an individual to do the act involving explosives; or (c) the holder of an authority relating to the act involving explosives. senior officer, of an employer, means— (a) if the employer is a corporation—an executive officer of the corporation; or (b) otherwise—the holder of an executive position (however described) in relation to the employer who makes, or takes part in making, decisions affecting all, or a substantial part, of the employer's functions. (2) For this part, a person's conduct causes death if it substantially contributes to the death. 54B Exception for the Criminal Code , s 23 The Criminal Code, section 23 does not apply in relation to an offence against this part. 54C Industrial manslaughter—employer (1) An employer for an act involving explosives commits an offence if— (a) an individual who does the act involving explosives— (i) dies in the course of doing the act involving explosives; or (ii) is injured in the course of doing the act involving explosives and later dies; and (b) the employer's conduct causes the death of the individual; and (c) the employer is negligent about causing the death of the individual by the conduct. Maximum penalty— (a) for an individual—20 years imprisonment; or (b) for a body corporate—100,000 penalty units. Note— See section 119 in relation to imputing to a body corporate particular conduct of executive officers, employees or agents of the body corporate. (2) An offence against subsection (1) is a crime. 54D Industrial manslaughter—senior officer (1) A senior officer of an employer for an act involving explosives commits an offence if— (a) an individual who does the act involving explosives— (i) dies in the course of doing the act involving explosives; or (ii) is injured in the course of doing the act involving explosives and later dies; and (b) the senior officer's conduct causes the death of the individual; and (c) the senior officer is negligent about causing the death of the individual by the conduct. Maximum penalty—20 years imprisonment. (2) An offence against subsection (1) is a crime. Part 5 Investigations and inquiries into explosives incidents Division 1 Investigations into explosives incidents 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 Notice of explosives incidents (1) The relevant person for explosives involved in an explosives incident must, as soon as possible after the incident, notify the chief inspector of the incident in the approved form. Maximum penalty—170 penalty units. (2) It is not a defence in a proceeding under subsection (1) that the giving of the required information might tend to incriminate the relevant person for explosives involved in an explosives incident. (3) The required information is not admissible in evidence against the relevant person for explosives involved in an explosives incident in any criminal proceeding. (4) Subsection (3) does not prevent the required information being admitted in evidence in a criminal proceeding about the falsity or misleading nature of the required information. (5) In this section— required information means the information required to be included in the approved form mentioned in subsection (1). 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. 57 Site not to be interfered with without inspector's permission (1) A person must not interfere with the site of an explosives incident without the permission of an inspector. Maximum penalty—200 penalty units. (2) Permission under subsection (1) must not be unreasonably withheld. (3) For this division, action taken to save life or prevent further injury at a place is not interference with the site. 58 Investigation by chief inspector or authority holder (1) The chief inspector may— (a) investigate an explosives incident; or (b) give the authority holder whose explosives were involved in the explosives incident a writ