{"id":"C1961A00065","name":"Explosives Act 1961","slug":"explosives-act-1961","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"65 of 1961","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":1694,"registerId":"C2024C00816","compilationNumber":"9","startDate":"2024-12-11","status":"InForce","reasons":[{"affect":"Amend","markdown":"sch 1 (item 22) of the [Crown References Amendment Act 2024](/C2024A00115)","dateChanged":null,"amendedByTitle":null,"affectedByTitle":{"name":"Crown References Amendment Act 2024","year":2024,"number":115,"titleId":"C2024A00115","provisions":"sch 1 (item 22)","seriesType":"Act","optionalSeriesNumber":null}}],"registeredAt":"2024-12-17T16:15:42.645Z"},"sections":[{"sectionNumber":"Part I","sectionType":"part","heading":"Preliminary","content":"An Act relating to Explosives\n\n## Part I—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Explosives Act 1961.\n\n#### 2 Commencement\n\n  This Act shall come into operation on a date to be fixed by Proclamation.\n\n#### 5 Interpretation\n\n  In this Act, unless the contrary intention appears:\n\n> explosives means:\n\n    (a) substances or articles capable of producing an explosive, incendiary or pyrotechnic effect;\n    (b) substances or articles prescribed by the regulations to be explosives; or\n    (c) containers that have contained a substance or article to which paragraph (a) or (b) applies and have not been certified, in accordance with the regulations, to be free from explosives.\n\n> handling includes loading, unloading, discharging, stacking, stowing, storing, transporting and any operation incidental to, or arising out of, any of those operations.\n\n> vessel means a ship, boat or other vessel used for any purpose on the sea or in navigation.\n\n#### 6 Act binds Crown\n\n  This Act binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory and of the Northern Territory and any authority constituted by or under a law of the Commonwealth, of a State or of a Territory.\n\n#### 7 Act extends to Territories\n\n  (1) This Act extends to all the Territories.\n  (2) Where a law, not being an Act, in force in a Territory 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.\n\n#### 7A Application of the Criminal Code\n\n  Chapter 2 of the Criminal Code applies to all offences created by this Act.\n\n> Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.\n\n## Part II—Handling of explosives\n\n#### 8 Interpretation\n\n  In this Part, vessel does not include a vessel belonging to the naval forces of the Commonwealth or of another part of the Sovereign’s dominions.\n\n#### 9 Explosives to which this Part applies\n\n  This Part applies to explosives that:\n    (a) are the property of, or are in the possession or control of, the Commonwealth;\n    (ab) have been manufactured by the Commonwealth and, in pursuance of an arrangement made with the Commonwealth, are intended to be, or are being, exported from the Commonwealth; or\n    (b) are the property of, or are in the possession or control of, the government or the naval, military or air forces of another country and are in the Commonwealth or a Territory with the approval of the Commonwealth for the purposes of, or a purpose related to, the defence of the Commonwealth.\n\n#### 10 Regulations\n\n  (1) The regulations may make provision:\n    (a) for or in relation to, or for or in relation to any matter arising out of or incidental to, the handling of explosives to which this Part applies; and\n    (b) for or in relation to 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 explosives to which this Part applies.\n  (2) Before making regulations for or in relation to the handling in a port of explosives to which this Part applies, 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 Council of the Association of Australian Port and Marine Authorities.\n\n#### 11 Orders relating to the berthing of vessels\n\n  (1) The regulations may empower a person to direct, by order, that a vessel in which explosives to which this Part applies are, or are to be, loaded may, for a purpose or purposes specified in the order, be berthed in a port so specified.\n  (2) The regulations may provide that where:\n    (a) the port specified in an order referred to in subsection (1) is a prescribed port; and\n    (b) the vessel to which the order relates is not provided with a berth in the port or is provided with a berth in the port that, in the opinion of the person who made the order, is not suitable for the purpose or purposes specified in the order;\n  that person may, by order, give such directions as are necessary for ensuring that the vessel is, for such period as is necessary, provided with a berth in the port that is so suitable.\n  (3) Except in the case of explosives referred to in paragraph 9(ab) or (b), the powers conferred by regulations made by virtue of subsection (1) shall not be exercised otherwise than for a purpose related to the defence of the Commonwealth.\n\n#### 11A Orders relating to transporting explosives by railway\n\n  (1) The regulations may empower a person to give, by order, such directions as are necessary for ensuring that such explosives to which this Part applies as are specified in the order are transported by railway between such places, on such day or days and in such manner as are so specified.\n  (2) Except in the case of explosives referred to in paragraph 9(ab) or (b), the powers conferred by regulations made by virtue of subsection (1) shall not be exercised otherwise than for a purpose related to the defence of the Commonwealth.\n\n#### 12 Indemnity\n\n  (1) 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 explosives to which this Part applies or to the handling of explosives to which this Part applies.\n  (2) An indemnity given under section 10 of the Explosives Act 1952, or that Act as amended, and in force immediately before the commencement of this Act has, after the commencement of this Act, the same force and effect as if:\n    (a) the indemnity had been given under the last preceding subsection;\n    (b) any reference in the indemnity to the Explosives Act 1952 or any amendment of that Act were a reference to this Act; and\n    (c) any reference in the indemnity to the regulations made under the Explosives Act 1952 or any amendment of that Act or to Explosives Regulations were a reference to regulations made under this Act for the purposes of this Part.\n\n## Part III—Control of Commonwealth explosives areas\n\n#### 13 Interpretation\n\n  In this Part:\n\n> Commonwealth explosives area means any Commonwealth land declared by the regulations to be an explosives area and, where any such land consists of a part of the bed of the sea, or of a bay, estuary or river, includes the waters above the land.\n\n> Commonwealth land means land the property of the Commonwealth and includes any other land:\n\n    (a) in which the Commonwealth has a legal or equitable estate or interest; or\n    (b) over or in connexion with which the Commonwealth has a right, power or privilege.\n\n#### 14 Regulations\n\n  (1) The regulations may make provision for ensuring the safety of persons who are, and the protection from damage of property that is, in or in the vicinity of a Commonwealth explosives area.\n  (2) Without limiting the generality of subsection (1), the regulations may make provision:\n    (a) for or in relation to, or for or in relation to any matter arising out of or incidental to, the handling of explosives and other goods in or in the vicinity of a Commonwealth explosives area;\n    (b) for or in relation to safety measures to be observed in or in the vicinity of a Commonwealth explosives area;\n    (c) prohibiting or regulating the entry of persons, vehicles, aircraft and vessels into, and the movement of persons, vehicles, aircraft and vessels within or over, a Commonwealth explosives area;\n    (d) for or in relation to the berthing of vessels in a Commonwealth explosives area; and\n    (e) prescribing fees to be paid in respect of the use of facilities or services maintained, operated or provided by the Commonwealth in a Commonwealth explosives area.\n\n## Part IV—Miscellaneous\n\n#### 15 Orders\n\n  The regulations may empower a person to provide, by order, for any matter that may be provided for by the regulations.\n\n#### 16 General provisions applicable to orders\n\n  (1) Orders made under the regulations are legislative instruments.\n  (4) 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.\n\n#### 17 Date from which orders take effect\n\n  An order made under the regulations takes effect from the date of notification of the order, or on such later date as is prescribed or as is fixed under the regulations.\n\n#### 18 Proof of instruments\n\n  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:\n    (a) a document purporting to be that order or other instrument and to be signed by the Minister or that other person; or\n    (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.\n\n#### 19 Committees of advice\n\n  The Regulations may make provision for or in relation to the establishment, and the functions and powers, of committees to advise the Minister on matters relating to, or to the handling of, explosives.\n\n#### 20 Offences\n\n  A person who contravenes, or fails to comply with, a provision of the regulations or of an order made under the regulations commits an offence against this Act punishable upon conviction by:\n    (a) imprisonment for a term not exceeding 6 months or a fine not exceeding 10 penalty units, or both, and in addition, if the offence is a continuing offence, by a fine not exceeding 2 penalty units for each day during which the offence continues; or\n    (b) such lesser penalty as is prescribed.\n\n#### 21 Regulations\n\n  The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters required or permitted by this Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"#### 1 Short title\n\n  This Act may be cited as the Explosives Act 1961.","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n  This Act shall come into operation on a date to be fixed by Proclamation.","sortOrder":2},{"sectionNumber":"5","sectionType":"section","heading":"Interpretation","content":"#### 5 Interpretation\n\n  In this Act, unless the contrary intention appears:\n\n> explosives means:\n\n    (a) substances or articles capable of producing an explosive, incendiary or pyrotechnic effect;\n    (b) substances or articles prescribed by the regulations to be explosives; or\n    (c) containers that have contained a substance or article to which paragraph (a) or (b) applies and have not been certified, in accordance with the regulations, to be free from explosives.\n\n> handling includes loading, unloading, discharging, stacking, stowing, storing, transporting and any operation incidental to, or arising out of, any of those operations.\n\n> vessel means a ship, boat or other vessel used for any purpose on the sea or in navigation.","sortOrder":3},{"sectionNumber":"6","sectionType":"section","heading":"Act binds Crown","content":"#### 6 Act binds Crown\n\n  This Act binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory and of the Northern Territory and any authority constituted by or under a law of the Commonwealth, of a State or of a Territory.","sortOrder":4},{"sectionNumber":"7","sectionType":"section","heading":"Act extends to Territories","content":"#### 7 Act extends to Territories\n\n  (1) This Act extends to all the Territories.\n  (2) Where a law, not being an Act, in force in a Territory 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.","sortOrder":5},{"sectionNumber":"7A","sectionType":"section","heading":"Application of the Criminal Code","content":"#### 7A Application of the Criminal Code\n\n  Chapter 2 of the Criminal Code applies to all offences created by this Act.\n\n> Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.","sortOrder":6},{"sectionNumber":"Part II","sectionType":"part","heading":"Handling of explosives","content":"An Act relating to Explosives\n\n## Part I—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Explosives Act 1961.\n\n#### 2 Commencement\n\n  This Act shall come into operation on a date to be fixed by Proclamation.\n\n#### 5 Interpretation\n\n  In this Act, unless the contrary intention appears:\n\n> explosives means:\n\n    (a) substances or articles capable of producing an explosive, incendiary or pyrotechnic effect;\n    (b) substances or articles prescribed by the regulations to be explosives; or\n    (c) containers that have contained a substance or article to which paragraph (a) or (b) applies and have not been certified, in accordance with the regulations, to be free from explosives.\n\n> handling includes loading, unloading, discharging, stacking, stowing, storing, transporting and any operation incidental to, or arising out of, any of those operations.\n\n> vessel means a ship, boat or other vessel used for any purpose on the sea or in navigation.\n\n#### 6 Act binds Crown\n\n  This Act binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory and of the Northern Territory and any authority constituted by or under a law of the Commonwealth, of a State or of a Territory.\n\n#### 7 Act extends to Territories\n\n  (1) This Act extends to all the Territories.\n  (2) Where a law, not being an Act, in force in a Territory 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.\n\n#### 7A Application of the Criminal Code\n\n  Chapter 2 of the Criminal Code applies to all offences created by this Act.\n\n> Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.\n\n## Part II—Handling of explosives\n\n#### 8 Interpretation\n\n  In this Part, vessel does not include a vessel belonging to the naval forces of the Commonwealth or of another part of the Sovereign’s dominions.\n\n#### 9 Explosives to which this Part applies\n\n  This Part applies to explosives that:\n    (a) are the property of, or are in the possession or control of, the Commonwealth;\n    (ab) have been manufactured by the Commonwealth and, in pursuance of an arrangement made with the Commonwealth, are intended to be, or are being, exported from the Commonwealth; or\n    (b) are the property of, or are in the possession or control of, the government or the naval, military or air forces of another country and are in the Commonwealth or a Territory with the approval of the Commonwealth for the purposes of, or a purpose related to, the defence of the Commonwealth.\n\n#### 10 Regulations\n\n  (1) The regulations may make provision:\n    (a) for or in relation to, or for or in relation to any matter arising out of or incidental to, the handling of explosives to which this Part applies; and\n    (b) for or in relation to 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 explosives to which this Part applies.\n  (2) Before making regulations for or in relation to the handling in a port of explosives to which this Part applies, 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 Council of the Association of Australian Port and Marine Authorities.\n\n#### 11 Orders relating to the berthing of vessels\n\n  (1) The regulations may empower a person to direct, by order, that a vessel in which explosives to which this Part applies are, or are to be, loaded may, for a purpose or purposes specified in the order, be berthed in a port so specified.\n  (2) The regulations may provide that where:\n    (a) the port specified in an order referred to in subsection (1) is a prescribed port; and\n    (b) the vessel to which the order relates is not provided with a berth in the port or is provided with a berth in the port that, in the opinion of the person who made the order, is not suitable for the purpose or purposes specified in the order;\n  that person may, by order, give such directions as are necessary for ensuring that the vessel is, for such period as is necessary, provided with a berth in the port that is so suitable.\n  (3) Except in the case of explosives referred to in paragraph 9(ab) or (b), the powers conferred by regulations made by virtue of subsection (1) shall not be exercised otherwise than for a purpose related to the defence of the Commonwealth.\n\n#### 11A Orders relating to transporting explosives by railway\n\n  (1) The regulations may empower a person to give, by order, such directions as are necessary for ensuring that such explosives to which this Part applies as are specified in the order are transported by railway between such places, on such day or days and in such manner as are so specified.\n  (2) Except in the case of explosives referred to in paragraph 9(ab) or (b), the powers conferred by regulations made by virtue of subsection (1) shall not be exercised otherwise than for a purpose related to the defence of the Commonwealth.\n\n#### 12 Indemnity\n\n  (1) 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 explosives to which this Part applies or to the handling of explosives to which this Part applies.\n  (2) An indemnity given under section 10 of the Explosives Act 1952, or that Act as amended, and in force immediately before the commencement of this Act has, after the commencement of this Act, the same force and effect as if:\n    (a) the indemnity had been given under the last preceding subsection;\n    (b) any reference in the indemnity to the Explosives Act 1952 or any amendment of that Act were a reference to this Act; and\n    (c) any reference in the indemnity to the regulations made under the Explosives Act 1952 or any amendment of that Act or to Explosives Regulations were a reference to regulations made under this Act for the purposes of this Part.\n\n## Part III—Control of Commonwealth explosives areas\n\n#### 13 Interpretation\n\n  In this Part:\n\n> Commonwealth explosives area means any Commonwealth land declared by the regulations to be an explosives area and, where any such land consists of a part of the bed of the sea, or of a bay, estuary or river, includes the waters above the land.\n\n> Commonwealth land means land the property of the Commonwealth and includes any other land:\n\n    (a) in which the Commonwealth has a legal or equitable estate or interest; or\n    (b) over or in connexion with which the Commonwealth has a right, power or privilege.\n\n#### 14 Regulations\n\n  (1) The regulations may make provision for ensuring the safety of persons who are, and the protection from damage of property that is, in or in the vicinity of a Commonwealth explosives area.\n  (2) Without limiting the generality of subsection (1), the regulations may make provision:\n    (a) for or in relation to, or for or in relation to any matter arising out of or incidental to, the handling of explosives and other goods in or in the vicinity of a Commonwealth explosives area;\n    (b) for or in relation to safety measures to be observed in or in the vicinity of a Commonwealth explosives area;\n    (c) prohibiting or regulating the entry of persons, vehicles, aircraft and vessels into, and the movement of persons, vehicles, aircraft and vessels within or over, a Commonwealth explosives area;\n    (d) for or in relation to the berthing of vessels in a Commonwealth explosives area; and\n    (e) prescribing fees to be paid in respect of the use of facilities or services maintained, operated or provided by the Commonwealth in a Commonwealth explosives area.\n\n## Part IV—Miscellaneous\n\n#### 15 Orders\n\n  The regulations may empower a person to provide, by order, for any matter that may be provided for by the regulations.\n\n#### 16 General provisions applicable to orders\n\n  (1) Orders made under the regulations are legislative instruments.\n  (4) 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.\n\n#### 17 Date from which orders take effect\n\n  An order made under the regulations takes effect from the date of notification of the order, or on such later date as is prescribed or as is fixed under the regulations.\n\n#### 18 Proof of instruments\n\n  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:\n    (a) a document purporting to be that order or other instrument and to be signed by the Minister or that other person; or\n    (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.\n\n#### 19 Committees of advice\n\n  The Regulations may make provision for or in relation to the establishment, and the functions and powers, of committees to advise the Minister on matters relating to, or to the handling of, explosives.\n\n#### 20 Offences\n\n  A person who contravenes, or fails to comply with, a provision of the regulations or of an order made under the regulations commits an offence against this Act punishable upon conviction by:\n    (a) imprisonment for a term not exceeding 6 months or a fine not exceeding 10 penalty units, or both, and in addition, if the offence is a continuing offence, by a fine not exceeding 2 penalty units for each day during which the offence continues; or\n    (b) such lesser penalty as is prescribed.\n\n#### 21 Regulations\n\n  The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters required or permitted by this Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":7},{"sectionNumber":"8","sectionType":"section","heading":"Interpretation","content":"#### 8 Interpretation\n\n  In this Part, vessel does not include a vessel belonging to the naval forces of the Commonwealth or of another part of the Sovereign’s dominions.","sortOrder":8},{"sectionNumber":"9","sectionType":"section","heading":"Explosives to which this Part applies","content":"#### 9 Explosives to which this Part applies\n\n  This Part applies to explosives that:\n    (a) are the property of, or are in the possession or control of, the Commonwealth;\n    (ab) have been manufactured by the Commonwealth and, in pursuance of an arrangement made with the Commonwealth, are intended to be, or are being, exported from the Commonwealth; or\n    (b) are the property of, or are in the possession or control of, the government or the naval, military or air forces of another country and are in the Commonwealth or a Territory with the approval of the Commonwealth for the purposes of, or a purpose related to, the defence of the Commonwealth.","sortOrder":9},{"sectionNumber":"10","sectionType":"section","heading":"Regulations","content":"#### 10 Regulations\n\n  (1) The regulations may make provision:\n    (a) for or in relation to, or for or in relation to any matter arising out of or incidental to, the handling of explosives to which this Part applies; and\n    (b) for or in relation to 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 explosives to which this Part applies.\n  (2) Before making regulations for or in relation to the handling in a port of explosives to which this Part applies, 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 Council of the Association of Australian Port and Marine Authorities.","sortOrder":10},{"sectionNumber":"11","sectionType":"section","heading":"Orders relating to the berthing of vessels","content":"#### 11 Orders relating to the berthing of vessels\n\n  (1) The regulations may empower a person to direct, by order, that a vessel in which explosives to which this Part applies are, or are to be, loaded may, for a purpose or purposes specified in the order, be berthed in a port so specified.\n  (2) The regulations may provide that where:\n    (a) the port specified in an order referred to in subsection (1) is a prescribed port; and\n    (b) the vessel to which the order relates is not provided with a berth in the port or is provided with a berth in the port that, in the opinion of the person who made the order, is not suitable for the purpose or purposes specified in the order;\n  that person may, by order, give such directions as are necessary for ensuring that the vessel is, for such period as is necessary, provided with a berth in the port that is so suitable.\n  (3) Except in the case of explosives referred to in paragraph 9(ab) or (b), the powers conferred by regulations made by virtue of subsection (1) shall not be exercised otherwise than for a purpose related to the defence of the Commonwealth.","sortOrder":11},{"sectionNumber":"11A","sectionType":"section","heading":"Orders relating to transporting explosives by railway","content":"#### 11A Orders relating to transporting explosives by railway\n\n  (1) The regulations may empower a person to give, by order, such directions as are necessary for ensuring that such explosives to which this Part applies as are specified in the order are transported by railway between such places, on such day or days and in such manner as are so specified.\n  (2) Except in the case of explosives referred to in paragraph 9(ab) or (b), the powers conferred by regulations made by virtue of subsection (1) shall not be exercised otherwise than for a purpose related to the defence of the Commonwealth.","sortOrder":12},{"sectionNumber":"12","sectionType":"section","heading":"Indemnity","content":"#### 12 Indemnity\n\n  (1) 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 explosives to which this Part applies or to the handling of explosives to which this Part applies.\n  (2) An indemnity given under section 10 of the Explosives Act 1952, or that Act as amended, and in force immediately before the commencement of this Act has, after the commencement of this Act, the same force and effect as if:\n    (a) the indemnity had been given under the last preceding subsection;\n    (b) any reference in the indemnity to the Explosives Act 1952 or any amendment of that Act were a reference to this Act; and\n    (c) any reference in the indemnity to the regulations made under the Explosives Act 1952 or any amendment of that Act or to Explosives Regulations were a reference to regulations made under this Act for the purposes of this Part.","sortOrder":13},{"sectionNumber":"Part III","sectionType":"part","heading":"Control of Commonwealth explosives areas","content":"An Act relating to Explosives\n\n## Part I—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Explosives Act 1961.\n\n#### 2 Commencement\n\n  This Act shall come into operation on a date to be fixed by Proclamation.\n\n#### 5 Interpretation\n\n  In this Act, unless the contrary intention appears:\n\n> explosives means:\n\n    (a) substances or articles capable of producing an explosive, incendiary or pyrotechnic effect;\n    (b) substances or articles prescribed by the regulations to be explosives; or\n    (c) containers that have contained a substance or article to which paragraph (a) or (b) applies and have not been certified, in accordance with the regulations, to be free from explosives.\n\n> handling includes loading, unloading, discharging, stacking, stowing, storing, transporting and any operation incidental to, or arising out of, any of those operations.\n\n> vessel means a ship, boat or other vessel used for any purpose on the sea or in navigation.\n\n#### 6 Act binds Crown\n\n  This Act binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory and of the Northern Territory and any authority constituted by or under a law of the Commonwealth, of a State or of a Territory.\n\n#### 7 Act extends to Territories\n\n  (1) This Act extends to all the Territories.\n  (2) Where a law, not being an Act, in force in a Territory 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.\n\n#### 7A Application of the Criminal Code\n\n  Chapter 2 of the Criminal Code applies to all offences created by this Act.\n\n> Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.\n\n## Part II—Handling of explosives\n\n#### 8 Interpretation\n\n  In this Part, vessel does not include a vessel belonging to the naval forces of the Commonwealth or of another part of the Sovereign’s dominions.\n\n#### 9 Explosives to which this Part applies\n\n  This Part applies to explosives that:\n    (a) are the property of, or are in the possession or control of, the Commonwealth;\n    (ab) have been manufactured by the Commonwealth and, in pursuance of an arrangement made with the Commonwealth, are intended to be, or are being, exported from the Commonwealth; or\n    (b) are the property of, or are in the possession or control of, the government or the naval, military or air forces of another country and are in the Commonwealth or a Territory with the approval of the Commonwealth for the purposes of, or a purpose related to, the defence of the Commonwealth.\n\n#### 10 Regulations\n\n  (1) The regulations may make provision:\n    (a) for or in relation to, or for or in relation to any matter arising out of or incidental to, the handling of explosives to which this Part applies; and\n    (b) for or in relation to 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 explosives to which this Part applies.\n  (2) Before making regulations for or in relation to the handling in a port of explosives to which this Part applies, 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 Council of the Association of Australian Port and Marine Authorities.\n\n#### 11 Orders relating to the berthing of vessels\n\n  (1) The regulations may empower a person to direct, by order, that a vessel in which explosives to which this Part applies are, or are to be, loaded may, for a purpose or purposes specified in the order, be berthed in a port so specified.\n  (2) The regulations may provide that where:\n    (a) the port specified in an order referred to in subsection (1) is a prescribed port; and\n    (b) the vessel to which the order relates is not provided with a berth in the port or is provided with a berth in the port that, in the opinion of the person who made the order, is not suitable for the purpose or purposes specified in the order;\n  that person may, by order, give such directions as are necessary for ensuring that the vessel is, for such period as is necessary, provided with a berth in the port that is so suitable.\n  (3) Except in the case of explosives referred to in paragraph 9(ab) or (b), the powers conferred by regulations made by virtue of subsection (1) shall not be exercised otherwise than for a purpose related to the defence of the Commonwealth.\n\n#### 11A Orders relating to transporting explosives by railway\n\n  (1) The regulations may empower a person to give, by order, such directions as are necessary for ensuring that such explosives to which this Part applies as are specified in the order are transported by railway between such places, on such day or days and in such manner as are so specified.\n  (2) Except in the case of explosives referred to in paragraph 9(ab) or (b), the powers conferred by regulations made by virtue of subsection (1) shall not be exercised otherwise than for a purpose related to the defence of the Commonwealth.\n\n#### 12 Indemnity\n\n  (1) 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 explosives to which this Part applies or to the handling of explosives to which this Part applies.\n  (2) An indemnity given under section 10 of the Explosives Act 1952, or that Act as amended, and in force immediately before the commencement of this Act has, after the commencement of this Act, the same force and effect as if:\n    (a) the indemnity had been given under the last preceding subsection;\n    (b) any reference in the indemnity to the Explosives Act 1952 or any amendment of that Act were a reference to this Act; and\n    (c) any reference in the indemnity to the regulations made under the Explosives Act 1952 or any amendment of that Act or to Explosives Regulations were a reference to regulations made under this Act for the purposes of this Part.\n\n## Part III—Control of Commonwealth explosives areas\n\n#### 13 Interpretation\n\n  In this Part:\n\n> Commonwealth explosives area means any Commonwealth land declared by the regulations to be an explosives area and, where any such land consists of a part of the bed of the sea, or of a bay, estuary or river, includes the waters above the land.\n\n> Commonwealth land means land the property of the Commonwealth and includes any other land:\n\n    (a) in which the Commonwealth has a legal or equitable estate or interest; or\n    (b) over or in connexion with which the Commonwealth has a right, power or privilege.\n\n#### 14 Regulations\n\n  (1) The regulations may make provision for ensuring the safety of persons who are, and the protection from damage of property that is, in or in the vicinity of a Commonwealth explosives area.\n  (2) Without limiting the generality of subsection (1), the regulations may make provision:\n    (a) for or in relation to, or for or in relation to any matter arising out of or incidental to, the handling of explosives and other goods in or in the vicinity of a Commonwealth explosives area;\n    (b) for or in relation to safety measures to be observed in or in the vicinity of a Commonwealth explosives area;\n    (c) prohibiting or regulating the entry of persons, vehicles, aircraft and vessels into, and the movement of persons, vehicles, aircraft and vessels within or over, a Commonwealth explosives area;\n    (d) for or in relation to the berthing of vessels in a Commonwealth explosives area; and\n    (e) prescribing fees to be paid in respect of the use of facilities or services maintained, operated or provided by the Commonwealth in a Commonwealth explosives area.\n\n## Part IV—Miscellaneous\n\n#### 15 Orders\n\n  The regulations may empower a person to provide, by order, for any matter that may be provided for by the regulations.\n\n#### 16 General provisions applicable to orders\n\n  (1) Orders made under the regulations are legislative instruments.\n  (4) 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.\n\n#### 17 Date from which orders take effect\n\n  An order made under the regulations takes effect from the date of notification of the order, or on such later date as is prescribed or as is fixed under the regulations.\n\n#### 18 Proof of instruments\n\n  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:\n    (a) a document purporting to be that order or other instrument and to be signed by the Minister or that other person; or\n    (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.\n\n#### 19 Committees of advice\n\n  The Regulations may make provision for or in relation to the establishment, and the functions and powers, of committees to advise the Minister on matters relating to, or to the handling of, explosives.\n\n#### 20 Offences\n\n  A person who contravenes, or fails to comply with, a provision of the regulations or of an order made under the regulations commits an offence against this Act punishable upon conviction by:\n    (a) imprisonment for a term not exceeding 6 months or a fine not exceeding 10 penalty units, or both, and in addition, if the offence is a continuing offence, by a fine not exceeding 2 penalty units for each day during which the offence continues; or\n    (b) such lesser penalty as is prescribed.\n\n#### 21 Regulations\n\n  The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters required or permitted by this Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":14},{"sectionNumber":"13","sectionType":"section","heading":"Interpretation","content":"#### 13 Interpretation\n\n  In this Part:\n\n> Commonwealth explosives area means any Commonwealth land declared by the regulations to be an explosives area and, where any such land consists of a part of the bed of the sea, or of a bay, estuary or river, includes the waters above the land.\n\n> Commonwealth land means land the property of the Commonwealth and includes any other land:\n\n    (a) in which the Commonwealth has a legal or equitable estate or interest; or\n    (b) over or in connexion with which the Commonwealth has a right, power or privilege.","sortOrder":15},{"sectionNumber":"14","sectionType":"section","heading":"Regulations","content":"#### 14 Regulations\n\n  (1) The regulations may make provision for ensuring the safety of persons who are, and the protection from damage of property that is, in or in the vicinity of a Commonwealth explosives area.\n  (2) Without limiting the generality of subsection (1), the regulations may make provision:\n    (a) for or in relation to, or for or in relation to any matter arising out of or incidental to, the handling of explosives and other goods in or in the vicinity of a Commonwealth explosives area;\n    (b) for or in relation to safety measures to be observed in or in the vicinity of a Commonwealth explosives area;\n    (c) prohibiting or regulating the entry of persons, vehicles, aircraft and vessels into, and the movement of persons, vehicles, aircraft and vessels within or over, a Commonwealth explosives area;\n    (d) for or in relation to the berthing of vessels in a Commonwealth explosives area; and\n    (e) prescribing fees to be paid in respect of the use of facilities or services maintained, operated or provided by the Commonwealth in a Commonwealth explosives area.","sortOrder":16},{"sectionNumber":"Part IV","sectionType":"part","heading":"Miscellaneous","content":"An Act relating to Explosives\n\n## Part I—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Explosives Act 1961.\n\n#### 2 Commencement\n\n  This Act shall come into operation on a date to be fixed by Proclamation.\n\n#### 5 Interpretation\n\n  In this Act, unless the contrary intention appears:\n\n> explosives means:\n\n    (a) substances or articles capable of producing an explosive, incendiary or pyrotechnic effect;\n    (b) substances or articles prescribed by the regulations to be explosives; or\n    (c) containers that have contained a substance or article to which paragraph (a) or (b) applies and have not been certified, in accordance with the regulations, to be free from explosives.\n\n> handling includes loading, unloading, discharging, stacking, stowing, storing, transporting and any operation incidental to, or arising out of, any of those operations.\n\n> vessel means a ship, boat or other vessel used for any purpose on the sea or in navigation.\n\n#### 6 Act binds Crown\n\n  This Act binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory and of the Northern Territory and any authority constituted by or under a law of the Commonwealth, of a State or of a Territory.\n\n#### 7 Act extends to Territories\n\n  (1) This Act extends to all the Territories.\n  (2) Where a law, not being an Act, in force in a Territory 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.\n\n#### 7A Application of the Criminal Code\n\n  Chapter 2 of the Criminal Code applies to all offences created by this Act.\n\n> Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.\n\n## Part II—Handling of explosives\n\n#### 8 Interpretation\n\n  In this Part, vessel does not include a vessel belonging to the naval forces of the Commonwealth or of another part of the Sovereign’s dominions.\n\n#### 9 Explosives to which this Part applies\n\n  This Part applies to explosives that:\n    (a) are the property of, or are in the possession or control of, the Commonwealth;\n    (ab) have been manufactured by the Commonwealth and, in pursuance of an arrangement made with the Commonwealth, are intended to be, or are being, exported from the Commonwealth; or\n    (b) are the property of, or are in the possession or control of, the government or the naval, military or air forces of another country and are in the Commonwealth or a Territory with the approval of the Commonwealth for the purposes of, or a purpose related to, the defence of the Commonwealth.\n\n#### 10 Regulations\n\n  (1) The regulations may make provision:\n    (a) for or in relation to, or for or in relation to any matter arising out of or incidental to, the handling of explosives to which this Part applies; and\n    (b) for or in relation to 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 explosives to which this Part applies.\n  (2) Before making regulations for or in relation to the handling in a port of explosives to which this Part applies, 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 Council of the Association of Australian Port and Marine Authorities.\n\n#### 11 Orders relating to the berthing of vessels\n\n  (1) The regulations may empower a person to direct, by order, that a vessel in which explosives to which this Part applies are, or are to be, loaded may, for a purpose or purposes specified in the order, be berthed in a port so specified.\n  (2) The regulations may provide that where:\n    (a) the port specified in an order referred to in subsection (1) is a prescribed port; and\n    (b) the vessel to which the order relates is not provided with a berth in the port or is provided with a berth in the port that, in the opinion of the person who made the order, is not suitable for the purpose or purposes specified in the order;\n  that person may, by order, give such directions as are necessary for ensuring that the vessel is, for such period as is necessary, provided with a berth in the port that is so suitable.\n  (3) Except in the case of explosives referred to in paragraph 9(ab) or (b), the powers conferred by regulations made by virtue of subsection (1) shall not be exercised otherwise than for a purpose related to the defence of the Commonwealth.\n\n#### 11A Orders relating to transporting explosives by railway\n\n  (1) The regulations may empower a person to give, by order, such directions as are necessary for ensuring that such explosives to which this Part applies as are specified in the order are transported by railway between such places, on such day or days and in such manner as are so specified.\n  (2) Except in the case of explosives referred to in paragraph 9(ab) or (b), the powers conferred by regulations made by virtue of subsection (1) shall not be exercised otherwise than for a purpose related to the defence of the Commonwealth.\n\n#### 12 Indemnity\n\n  (1) 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 explosives to which this Part applies or to the handling of explosives to which this Part applies.\n  (2) An indemnity given under section 10 of the Explosives Act 1952, or that Act as amended, and in force immediately before the commencement of this Act has, after the commencement of this Act, the same force and effect as if:\n    (a) the indemnity had been given under the last preceding subsection;\n    (b) any reference in the indemnity to the Explosives Act 1952 or any amendment of that Act were a reference to this Act; and\n    (c) any reference in the indemnity to the regulations made under the Explosives Act 1952 or any amendment of that Act or to Explosives Regulations were a reference to regulations made under this Act for the purposes of this Part.\n\n## Part III—Control of Commonwealth explosives areas\n\n#### 13 Interpretation\n\n  In this Part:\n\n> Commonwealth explosives area means any Commonwealth land declared by the regulations to be an explosives area and, where any such land consists of a part of the bed of the sea, or of a bay, estuary or river, includes the waters above the land.\n\n> Commonwealth land means land the property of the Commonwealth and includes any other land:\n\n    (a) in which the Commonwealth has a legal or equitable estate or interest; or\n    (b) over or in connexion with which the Commonwealth has a right, power or privilege.\n\n#### 14 Regulations\n\n  (1) The regulations may make provision for ensuring the safety of persons who are, and the protection from damage of property that is, in or in the vicinity of a Commonwealth explosives area.\n  (2) Without limiting the generality of subsection (1), the regulations may make provision:\n    (a) for or in relation to, or for or in relation to any matter arising out of or incidental to, the handling of explosives and other goods in or in the vicinity of a Commonwealth explosives area;\n    (b) for or in relation to safety measures to be observed in or in the vicinity of a Commonwealth explosives area;\n    (c) prohibiting or regulating the entry of persons, vehicles, aircraft and vessels into, and the movement of persons, vehicles, aircraft and vessels within or over, a Commonwealth explosives area;\n    (d) for or in relation to the berthing of vessels in a Commonwealth explosives area; and\n    (e) prescribing fees to be paid in respect of the use of facilities or services maintained, operated or provided by the Commonwealth in a Commonwealth explosives area.\n\n## Part IV—Miscellaneous\n\n#### 15 Orders\n\n  The regulations may empower a person to provide, by order, for any matter that may be provided for by the regulations.\n\n#### 16 General provisions applicable to orders\n\n  (1) Orders made under the regulations are legislative instruments.\n  (4) 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.\n\n#### 17 Date from which orders take effect\n\n  An order made under the regulations takes effect from the date of notification of the order, or on such later date as is prescribed or as is fixed under the regulations.\n\n#### 18 Proof of instruments\n\n  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:\n    (a) a document purporting to be that order or other instrument and to be signed by the Minister or that other person; or\n    (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.\n\n#### 19 Committees of advice\n\n  The Regulations may make provision for or in relation to the establishment, and the functions and powers, of committees to advise the Minister on matters relating to, or to the handling of, explosives.\n\n#### 20 Offences\n\n  A person who contravenes, or fails to comply with, a provision of the regulations or of an order made under the regulations commits an offence against this Act punishable upon conviction by:\n    (a) imprisonment for a term not exceeding 6 months or a fine not exceeding 10 penalty units, or both, and in addition, if the offence is a continuing offence, by a fine not exceeding 2 penalty units for each day during which the offence continues; or\n    (b) such lesser penalty as is prescribed.\n\n#### 21 Regulations\n\n  The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters required or permitted by this Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":17},{"sectionNumber":"15","sectionType":"section","heading":"Orders","content":"#### 15 Orders\n\n  The regulations may empower a person to provide, by order, for any matter that may be provided for by the regulations.","sortOrder":18},{"sectionNumber":"16","sectionType":"section","heading":"General provisions applicable to orders","content":"#### 16 General provisions applicable to orders\n\n  (1) Orders made under the regulations are legislative instruments.\n  (4) 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.","sortOrder":19},{"sectionNumber":"17","sectionType":"section","heading":"Date from which orders take effect","content":"#### 17 Date from which orders take effect\n\n  An order made under the regulations takes effect from the date of notification of the order, or on such later date as is prescribed or as is fixed under the regulations.","sortOrder":20},{"sectionNumber":"18","sectionType":"section","heading":"Proof of instruments","content":"#### 18 Proof of instruments\n\n  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:\n    (a) a document purporting to be that order or other instrument and to be signed by the Minister or that other person; or\n    (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.","sortOrder":21},{"sectionNumber":"19","sectionType":"section","heading":"Committees of advice","content":"#### 19 Committees of advice\n\n  The Regulations may make provision for or in relation to the establishment, and the functions and powers, of committees to advise the Minister on matters relating to, or to the handling of, explosives.","sortOrder":22},{"sectionNumber":"20","sectionType":"section","heading":"Offences","content":"#### 20 Offences\n\n  A person who contravenes, or fails to comply with, a provision of the regulations or of an order made under the regulations commits an offence against this Act punishable upon conviction by:\n    (a) imprisonment for a term not exceeding 6 months or a fine not exceeding 10 penalty units, or both, and in addition, if the offence is a continuing offence, by a fine not exceeding 2 penalty units for each day during which the offence continues; or\n    (b) such lesser penalty as is prescribed.","sortOrder":23},{"sectionNumber":"21","sectionType":"section","heading":"Regulations","content":"#### 21 Regulations\n\n  The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters required or permitted by this Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":24}],"analysis":{"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The Act remains focused on its original 1961 purpose: regulating the handling, transport, and storage of explosives in Commonwealth-controlled contexts. The later addition of section 7A (applying the Criminal Code) is a standard modernisation amendment applied across Commonwealth legislation generally and does not represent a substantive expansion of scope. The core pillars — handling rules, Commonwealth explosives areas, and order-making powers — are unchanged from the original intent."},"complexity_factors":["Short act with only ~14 operative sections across 4 parts","Multiple interpretation sections (one in Part I, one in Part II, one in Part III) adds minor navigation friction","Heavy reliance on delegated legislation (regulations and Orders) means the Act itself is skeletal — the real complexity lives outside it","Cross-reference to the Criminal Code (section 7A) requires readers to consult a separate, complex statute for offence interpretation","Two separate order-making mechanisms (vessel berthing orders and railway transport orders) with their own procedural rules","Limited defined terms — no large interpretation section with dozens of definitions"],"plain_english_summary":"## Explosives Act 1961 — Plain English Summary\n\nThe **Explosives Act 1961** is a Commonwealth law that gives the Australian Government the power to regulate how explosives are handled, transported, and stored — particularly in areas under Commonwealth control.\n\n### Who does it affect?\n- **Anyone handling, transporting, or storing explosives** in Commonwealth-controlled areas (such as defence facilities, ports, or federal territories)\n- **Vessel (ship) operators** bringing explosives into Australian ports\n- **Railway operators** transporting explosives by rail\n- **Commonwealth and Territory authorities** managing areas where explosives are stored or used\n\n### What does it actually do?\n\nThe Act is structured around three main pillars:\n\n- **Part II – Handling of Explosives:** Sets up a framework for regulations governing how explosives must be handled. It allows the making of **Orders** (official directions with legal force) about where ships carrying explosives can berth (dock), and how explosives can be transported by railway. It also provides a legal indemnity (protection from being sued) for those acting in good faith under the Act.\n\n- **Part III – Control of Commonwealth Explosives Areas:** Allows regulations to be made about areas of Commonwealth land designated for storing or using explosives — think military ammunition depots or federal storage facilities. These regulations can control who enters, what happens there, and how explosives are managed.\n\n- **Part IV – Miscellaneous:** Covers the mechanics of how Orders are made and come into force, how they are proved in court, the establishment of **advisory committees** to give expert input, and the **offence provisions** for breaching the Act. It also provides a general regulation-making power.\n\n### Why does it matter?\nExplosives are inherently dangerous. This Act ensures the Commonwealth has the legal tools to:\n- Set and enforce **safety standards** for transporting and storing explosives\n- **Control access** to sensitive Commonwealth areas where explosives are kept\n- **Respond quickly** using Orders (which can take effect faster than full regulations) when safety or security demands it\n- Apply these rules across **Australian Territories** as well as the states\n\n### Key things to know\n- The Act **binds the Crown** — meaning government agencies themselves must comply, not just private operators\n- The **Criminal Code** applies to offences under this Act (added by later amendment), meaning standard Commonwealth criminal law principles govern how offences are prosecuted\n- Much of the operational detail lives in **regulations and Orders** made under the Act, rather than in the Act itself — so the Act is really an enabling framework"},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Based on the provided text alone, the Act defines a focused scope—applying to explosives owned, controlled or exported by the Commonwealth and certain defence‑related foreign forces—and extends its reach to Territories. No material in the text indicates a change from an earlier or original scope."},"complexity_factors":["Broad delegation of rule‑making to regulations and orders (ss10,15,21)","Orders are legislative instruments and may be amended or revoked (s16)","Targeted scope limited to Commonwealth/defence/export‑linked explosives (s9) but replicated territorial reach (ss6,7)","Operational powers over ports and rail with defence carve‑outs (ss11,11A)","Criminal liability grafted on via Criminal Code Chapter 2 (s7A) and specified penalties (s20)","Commonwealth indemnity for loss/liability introduces state financial exposure (s12)","Regulations may prescribe fees and operational restrictions in explosives areas (s14(2)(e))"],"plain_english_summary":"This Act sets rules for handling, storing, moving and using explosives that are Commonwealth property, made for export under Commonwealth arrangements, or brought into Australia by foreign forces with approval (Part II). It vests broad regulation‑making and order‑making powers (including berthing and rail directions) in the executive and treats those orders as legislative instruments. It creates offences and penalties for breaches (s20) and lets the Commonwealth indemnify persons for loss or liability arising from handling Commonwealth explosives (s12). Private operators face compliance duties, possible fees for use of Commonwealth explosives areas (s14(2)(e)), and administrative discretion held by officials."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation appears to maintain its original scope focused on Commonwealth-controlled explosives and explosives areas. The structure remains consistent with its apparent original intent to regulate federal explosives handling for defence and export purposes."},"complexity_factors":["Multiple layers of delegated legislation: the Act empowers regulations, which in turn empower orders, creating a three-tier regulatory structure","Conditional limitations on powers: sections 11(3) and 11A(2) restrict the use of berthing and railway powers to 'defence of the Commonwealth' purposes except for specific categories of explosives (9(ab) and 9(b))","Part-specific definitions: 'vessel' has a different meaning in Part II (excluding naval vessels) compared to the general definition in section 5","Nested definitions: 'Commonwealth explosives area' depends on 'Commonwealth land', which itself has a complex definition involving legal and equitable interests","Cross-references to external instruments: references to the Criminal Code (Chapter 2), the repealed Explosives Act 1952, and the Council of the Association of Australian Port and Marine Authorities","Incorporation of subordinate instruments by reference: regulations and orders made under the Act have legal force but are not contained in the Act itself","Saving provision for old indemnities: section 12(2) contains a complex deeming provision that treats old indemnities as if they were made under the new Act"],"plain_english_summary":"This law sets up a framework for the Australian Government to regulate explosives that it owns, controls, or has a stake in. It covers three main areas:\n\n**1. Handling Commonwealth explosives (Part II)**\n- Applies to explosives owned by the Australian Government, explosives made by the Government for export, or foreign military explosives brought into Australia for defence purposes with Government approval.\n- Allows the Government to make regulations covering how these explosives are loaded, unloaded, stored, transported, and handled safely.\n- Gives officials power to issue orders about where ships carrying these explosives can dock in ports, and how explosives can be moved by rail.\n- These powers can generally only be used for defence purposes, unless the explosives are being exported or belong to foreign forces.\n- The Government can indemnify (legally protect) people against lawsuits if they suffer loss or injury from these explosives.\n\n**2. Controlling Commonwealth explosives areas (Part III)**\n- Allows the Government to declare certain Commonwealth-owned land (including underwater areas) as 'explosives areas'.\n- Regulations can then control who and what enters these areas, set safety rules, manage vessel berthing, and charge fees for using facilities there.\n\n**3. General provisions (Part IV)**\n- Sets up a system where regulations can empower officials to make orders (legislative instruments) on specific matters.\n- Makes it an offence to break the regulations or orders, with penalties up to 6 months imprisonment or fines.\n- The law applies across all Australian territories and binds the Crown (meaning it applies to government bodies too).\n\n**Who it affects:** Defence personnel, port authorities, railway operators, contractors handling government explosives, and anyone entering designated explosives areas.\n\n**Why it matters:** It provides the legal backbone for safely managing dangerous explosives under federal control, particularly for defence and export purposes, while balancing operational needs with public safety."}},"importantCases":[],"_links":{"self":"/api/acts/explosives-act-1961","history":"/api/acts/explosives-act-1961/history","analysis":"/api/acts/explosives-act-1961/analysis","conflicts":"/api/acts/explosives-act-1961/conflicts","importantCases":"/api/acts/explosives-act-1961/important-cases","documents":"/api/acts/explosives-act-1961/documents"}}