{"id":"qld:act-1999-015","name":"Explosives Act 1999","slug":"explosives-act-1999","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"15 of 1999","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":104656,"registerId":"qld-act-1999-015-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Explosives Act 1999 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis Act commences on a day to be fixed by proclamation.","sortOrder":2},{"sectionNumber":"sec.2A","sectionType":"section","heading":"Purpose of Act","content":"### sec.2A Purpose of Act\n\nThe purpose of this Act is to regulate the handling of, and access to, explosives to protect public health and safety, property and the environment.\nThe purpose is achieved primarily by—\nenabling explosives to be declared as authorised explosives or prohibited explosives; and\nrequiring an authority for the handling of explosives; and\nensuring that persons who hold an authority in relation to a security sensitive explosive also hold a security clearance; and\nensuring explosives are accessed only by persons—\nwho hold a security clearance; or\nwho are under the direct supervision of a person who holds a security clearance; and\nimposing a duty of care and other obligations on persons who handle explosives; and\nenabling investigations and inquiries to be carried out for explosives incidents.\ns 2A ins 2019 No. 7 s 22\n(sec.2A-ssec.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.\n(sec.2A-ssec.2) The purpose is achieved primarily by— enabling explosives to be declared as authorised explosives or prohibited explosives; and requiring an authority for the handling of explosives; and ensuring that persons who hold an authority in relation to a security sensitive explosive also hold a security clearance; and ensuring explosives are accessed only by persons— who hold a security clearance; or who are under the direct supervision of a person who holds a security clearance; and imposing a duty of care and other obligations on persons who handle explosives; and enabling investigations and inquiries to be carried out for explosives incidents.\n- (a) enabling explosives to be declared as authorised explosives or prohibited explosives; and\n- (b) requiring an authority for the handling of explosives; and\n- (c) ensuring that persons who hold an authority in relation to a security sensitive explosive also hold a security clearance; and\n- (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\n- (i) who hold a security clearance; or\n- (ii) who are under the direct supervision of a person who holds a security clearance; and\n- (e) imposing a duty of care and other obligations on persons who handle explosives; and\n- (f) enabling investigations and inquiries to be carried out for explosives incidents.\n- (i) who hold a security clearance; or\n- (ii) who are under the direct supervision of a person who holds a security clearance; and","sortOrder":3},{"sectionNumber":"sec.3","sectionType":"section","heading":"Definitions—the dictionary","content":"### sec.3 Definitions—the dictionary\n\nThe dictionary in schedule 2 defines particular words used in this Act.","sortOrder":4},{"sectionNumber":"sec.4","sectionType":"section","heading":"Act binds all persons","content":"### sec.4 Act binds all persons\n\nThis Act binds all persons, including the State and, so far as the legislative power of the Parliament permits, the Commonwealth and the other States.","sortOrder":5},{"sectionNumber":"sec.4A","sectionType":"section","heading":"Application of Act to coastal waters of the State","content":"### sec.4A Application of Act to coastal waters of the State\n\nThis Act applies to the coastal waters of the State as if the coastal waters of the State were part of the State.\ns 4A ins 2007 No. 46 s 45","sortOrder":6},{"sectionNumber":"sec.5","sectionType":"section","heading":"Act does not apply to some explosives","content":"### sec.5 Act does not apply to some explosives\n\nThis Act does not apply to explosives to which the Explosives Act 1961 (Cwlth) applies.","sortOrder":7},{"sectionNumber":"sec.6","sectionType":"section","heading":"Act’s effect on other Acts","content":"### sec.6 Act’s effect on other Acts\n\nIf there is an inconsistency between this Act and an Act about mining, the Act about mining prevails to the extent of the inconsistency.\nIn subsection (1) —\nAct about mining means—\nthe Coal Mining Safety and Health Act 1999 ; or\nthe Mining and Quarrying Safety and Health Act 1999 .\ns 6 amd 2004 No. 4 s 57 sch ; 2004 No. 25 s 959\n(sec.6-ssec.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.\n(sec.6-ssec.2) In subsection (1) — Act about mining means— the Coal Mining Safety and Health Act 1999 ; or the Mining and Quarrying Safety and Health Act 1999 .\n- (a) the Coal Mining Safety and Health Act 1999 ; or\n- (b) the Mining and Quarrying Safety and Health Act 1999 .","sortOrder":8},{"sectionNumber":"sec.7","sectionType":"section","heading":"Exemptions","content":"### sec.7 Exemptions\n\nA regulation may exempt an explosive from this Act or any of its provisions.\nA regulation may also exempt any of the following from this Act or any of its provisions—\na government entity;\na Commonwealth entity.\nAn exemption may be given on stated conditions.\nIf an exemption is given on conditions, the exemption operates only if the conditions are complied with.\ns 7 amd 2024 No. 34 s 104\n(sec.7-ssec.1) A regulation may exempt an explosive from this Act or any of its provisions.\n(sec.7-ssec.2) A regulation may also exempt any of the following from this Act or any of its provisions— a government entity; a Commonwealth entity.\n(sec.7-ssec.3) An exemption may be given on stated conditions.\n(sec.7-ssec.4) If an exemption is given on conditions, the exemption operates only if the conditions are complied with.\n- (a) a government entity;\n- (b) a Commonwealth entity.","sortOrder":9},{"sectionNumber":"pt.2","sectionType":"part","heading":"Authorised and prohibited explosives","content":"# Authorised and prohibited explosives","sortOrder":10},{"sectionNumber":"sec.8","sectionType":"section","heading":"Authorised explosives","content":"### sec.8 Authorised explosives\n\nThe chief inspector may declare an explosive to be an authorised explosive for this Act.\nBefore making a declaration under subsection (1) , the chief inspector must—\ndefine the composition, quality and character of the explosive; and\nclassify the explosive in a way prescribed under a regulation.\nIf the composition, quality or character of an authorised explosive changes, the explosive stops being an authorised explosive.\n(sec.8-ssec.1) The chief inspector may declare an explosive to be an authorised explosive for this Act.\n(sec.8-ssec.2) Before making a declaration under subsection (1) , the chief inspector must— define the composition, quality and character of the explosive; and classify the explosive in a way prescribed under a regulation.\n(sec.8-ssec.3) If the composition, quality or character of an authorised explosive changes, the explosive stops being an authorised explosive.\n- (a) define the composition, quality and character of the explosive; and\n- (b) classify the explosive in a way prescribed under a regulation.","sortOrder":11},{"sectionNumber":"sec.9","sectionType":"section","heading":"Register of authorised explosives","content":"### sec.9 Register of authorised explosives\n\nThe chief inspector must keep a register of authorised explosives.\nThe register—\nmust include the defined composition, quality, character and classification of each authorised explosive; and\nis not open to inspection by anyone other than the chief inspector or an inspector.\nHowever, the chief inspector must give a list of authorised explosives to anyone who asks for it.\nThe list must not include the defined composition, quality or character of the explosives named in it.\n(sec.9-ssec.1) The chief inspector must keep a register of authorised explosives.\n(sec.9-ssec.2) The register— must include the defined composition, quality, character and classification of each authorised explosive; and is not open to inspection by anyone other than the chief inspector or an inspector.\n(sec.9-ssec.3) However, the chief inspector must give a list of authorised explosives to anyone who asks for it.\n(sec.9-ssec.4) The list must not include the defined composition, quality or character of the explosives named in it.\n- (a) must include the defined composition, quality, character and classification of each authorised explosive; and\n- (b) is not open to inspection by anyone other than the chief inspector or an inspector.","sortOrder":12},{"sectionNumber":"sec.10","sectionType":"section","heading":"Prohibited explosives","content":"### sec.10 Prohibited explosives\n\nA regulation may declare an explosive to be a prohibited explosive.","sortOrder":13},{"sectionNumber":"sec.11","sectionType":"section","heading":"Offence in relation to unauthorised and prohibited explosives","content":"### sec.11 Offence in relation to unauthorised and prohibited explosives\n\nA person must not manufacture, possess, sell, store, transport or use an unauthorised or prohibited explosive.\nMaximum penalty—400 penalty units or 6 months imprisonment.\nSubsection (1) does not apply to an act done under an explosives trial approval.\n(sec.11-ssec.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.\n(sec.11-ssec.2) Subsection (1) does not apply to an act done under an explosives trial approval.","sortOrder":14},{"sectionNumber":"sec.12","sectionType":"section","heading":"Approvals for trial etc. of unauthorised or prohibited explosives","content":"### sec.12 Approvals for trial etc. of unauthorised or prohibited explosives\n\nA 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 ).","sortOrder":15},{"sectionNumber":"pt.3","sectionType":"part","heading":"Authorities and security clearances","content":"# Authorities and security clearances","sortOrder":16},{"sectionNumber":"pt.3-div.1AA","sectionType":"division","heading":"Security clearances","content":"## Security clearances","sortOrder":17},{"sectionNumber":"sec.12A","sectionType":"section","heading":"Making applications for security clearances","content":"### sec.12A Making applications for security clearances\n\nAn individual may apply to the chief inspector for a security clearance.\nThe application must—\nbe in the approved form; and\nbe accompanied by the fee prescribed by regulation; and\ninclude or be accompanied by the information prescribed by regulation.\ns 12A ins 2019 No. 7 s 24\n(sec.12A-ssec.1) An individual may apply to the chief inspector for a security clearance.\n(sec.12A-ssec.2) The application must— be in the approved form; and be accompanied by the fee prescribed by regulation; and include or be accompanied by the information prescribed by regulation.\n- (a) be in the approved form; and\n- (b) be accompanied by the fee prescribed by regulation; and\n- (c) include or be accompanied by the information prescribed by regulation.","sortOrder":18},{"sectionNumber":"sec.12B","sectionType":"section","heading":"Criteria for deciding applications","content":"### sec.12B Criteria for deciding applications\n\nThe 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.\nIn deciding whether the applicant is a suitable person to hold the security clearance, the chief inspector—\nmust consider—\nthe applicant’s criminal history; and\nwhether the applicant has, at any time, been named as the respondent in a domestic violence order, police protection direction or police protection notice; and\nwhether release conditions have, at any time, been imposed on the applicant under the Domestic and Family Violence Protection Act 2012 , section 125 ; and\nmay consider—\nthe applicant’s mental health; and\ninformation 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\nanything else relevant to the applicant’s suitability to hold the security clearance.\nThe applicant is not a suitable person to hold the security clearance if—\nthe applicant is named as the respondent in a domestic violence order, police protection direction, or police protection notice, that is in force; or\nrelease 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.\ns 12B ins 2019 No. 7 s 24\namd 2025 No. 18 s 54\n(sec.12B-ssec.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.\n(sec.12B-ssec.2) In deciding whether the applicant is a suitable person to hold the security clearance, the chief inspector— must consider— the applicant’s criminal history; and whether the applicant has, at any time, been named as the respondent in a domestic violence order, police protection direction or police protection notice; and whether release conditions have, at any time, been imposed on the applicant under the Domestic and Family Violence Protection Act 2012 , section 125 ; and may consider— the applicant’s mental health; and 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 anything else relevant to the applicant’s suitability to hold the security clearance.\n(sec.12B-ssec.3) The applicant is not a suitable person to hold the security clearance if— the applicant is named as the respondent in a domestic violence order, police protection direction, or police protection notice, that is in force; or 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.\n- (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, police protection direction 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\n- (i) the applicant’s criminal history; and\n- (ii) whether the applicant has, at any time, been named as the respondent in a domestic violence order, police protection direction or police protection notice; and\n- (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\n- (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.\n- (i) the applicant’s mental health; and\n- (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\n- (iii) anything else relevant to the applicant’s suitability to hold the security clearance.\n- (i) the applicant’s criminal history; and\n- (ii) whether the applicant has, at any time, been named as the respondent in a domestic violence order, police protection direction or police protection notice; and\n- (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\n- (i) the applicant’s mental health; and\n- (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\n- (iii) anything else relevant to the applicant’s suitability to hold the security clearance.\n- (a) the applicant is named as the respondent in a domestic violence order, police protection direction, or police protection notice, that is in force; or\n- (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.","sortOrder":19},{"sectionNumber":"sec.12C","sectionType":"section","heading":"Deciding applications","content":"### sec.12C Deciding applications\n\nThe chief inspector must, after considering the application and any other information obtained in relation to the application, decide to—\ngive the security clearance; or\nrefuse to give the security clearance.\nSee also section 123S (2) .\nIf the chief inspector decides to give the security clearance, the chief inspector must promptly give the applicant the security clearance.\nIf 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.\ns 12C ins 2019 No. 7 s 24\namd 2024 No. 34 s 105\n(sec.12C-ssec.1) The chief inspector must, after considering the application and any other information obtained in relation to the application, decide to— give the security clearance; or refuse to give the security clearance. See also section 123S (2) .\n(sec.12C-ssec.2) If the chief inspector decides to give the security clearance, the chief inspector must promptly give the applicant the security clearance.\n(sec.12C-ssec.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.\n- (a) give the security clearance; or\n- (b) refuse to give the security clearance.","sortOrder":20},{"sectionNumber":"sec.12D","sectionType":"section","heading":"Form of security clearances","content":"### sec.12D Form of security clearances\n\nA security clearance must—\nbe in the approved form; and\ninclude a digital photo, and digitised signature, of the holder of the security clearance.\ns 12D ins 2019 No. 7 s 24\n- (a) be in the approved form; and\n- (b) include a digital photo, and digitised signature, of the holder of the security clearance.","sortOrder":21},{"sectionNumber":"sec.12E","sectionType":"section","heading":"Term of security clearances","content":"### sec.12E Term of security clearances\n\nA security clearance is given for the term, of not more than 5 years, stated in the security clearance.\nThe security clearance expires at the end of the stated term.\ns 12E ins 2019 No. 7 s 24\n(sec.12E-ssec.1) A security clearance is given for the term, of not more than 5 years, stated in the security clearance.\n(sec.12E-ssec.2) The security clearance expires at the end of the stated term.","sortOrder":22},{"sectionNumber":"sec.12F","sectionType":"section","heading":"Renewal of security clearances","content":"### sec.12F Renewal of security clearances\n\nThe holder of a security clearance may apply for the renewal of the security clearance.\nThe application must be made to the chief inspector before the security clearance expires.\nSections 12A (2) to 12E apply to the application as if—\na reference in the sections to an application for a security clearance were a reference to an application to renew a security clearance; and\na reference in the sections to the giving of a security clearance were a reference to the renewal of a security clearance; and\na reference in sections 12D and 12E to a security clearance were a reference to a renewed security clearance.\ns 12F ins 2019 No. 7 s 24\n(sec.12F-ssec.1) The holder of a security clearance may apply for the renewal of the security clearance.\n(sec.12F-ssec.2) The application must be made to the chief inspector before the security clearance expires.\n(sec.12F-ssec.3) Sections 12A (2) to 12E apply to the application as if— a reference in the sections to an application for a security clearance were a reference to an application to renew a security clearance; and a reference in the sections to the giving of a security clearance were a reference to the renewal of a security clearance; and a reference in sections 12D and 12E to a security clearance were a reference to a renewed security clearance.\n- (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\n- (b) a reference in the sections to the giving of a security clearance were a reference to the renewal of a security clearance; and\n- (c) a reference in sections 12D and 12E to a security clearance were a reference to a renewed security clearance.","sortOrder":23},{"sectionNumber":"sec.12G","sectionType":"section","heading":"Reports about criminal history and other matters","content":"### sec.12G Reports about criminal history and other matters\n\nThis section applies in relation to the following persons—\nan applicant for a security clearance;\nthe holder of a security clearance.\nThe chief inspector may ask the commissioner for a written report about—\nthe 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\nwhether the person has, at any time, been named as the respondent in a domestic violence order, police protection direction or police protection notice; and\nwhether release conditions have, at any time, been imposed on the person under the Domestic and Family Violence Protection Act 2012 , section 125 .\nThe commissioner must give the report to the chief inspector.\nHowever, the report is required to contain only information about the matters mentioned in subsection (2) —\nin the commissioner’s possession; or\nto which the commissioner has access.\ns 12G ins 2019 No. 7 s 24\namd 2025 No. 18 s 55\n(sec.12G-ssec.1) This section applies in relation to the following persons— an applicant for a security clearance; the holder of a security clearance.\n(sec.12G-ssec.2) The chief inspector may ask the commissioner for a written report about— 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 whether the person has, at any time, been named as the respondent in a domestic violence order, police protection direction or police protection notice; and whether release conditions have, at any time, been imposed on the person under the Domestic and Family Violence Protection Act 2012 , section 125 .\n(sec.12G-ssec.3) The commissioner must give the report to the chief inspector.\n(sec.12G-ssec.4) However, the report is required to contain only information about the matters mentioned in subsection (2) — in the commissioner’s possession; or to which the commissioner has access.\n- (a) an applicant for a security clearance;\n- (b) the holder of a security clearance.\n- (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\n- (b) whether the person has, at any time, been named as the respondent in a domestic violence order, police protection direction or police protection notice; and\n- (c) whether release conditions have, at any time, been imposed on the person under the Domestic and Family Violence Protection Act 2012 , section 125 .\n- (a) in the commissioner’s possession; or\n- (b) to which the commissioner has access.","sortOrder":24},{"sectionNumber":"sec.12H","sectionType":"section","heading":"Commissioner must give notice of particular matters","content":"### sec.12H Commissioner must give notice of particular matters\n\nThis section applies if—\nthe commissioner reasonably suspects a person is—\nan applicant for a security clearance; or\nthe holder of a security clearance; and\nany of the following events happens after the application is made or during the term of the security clearance—\nthe person’s criminal history changes;\nthe person is named as the respondent in a domestic violence order, police protection direction or police protection notice;\nrelease conditions are imposed on the person under the Domestic and Family Violence Protection Act 2012 , section 125 .\nThe commissioner must give the chief inspector a written notice about the event.\nThe notice must—\nstate—\nthe person’s name and any other name the commissioner believes the person may use or may have used; and\nthe person’s date and place of birth; and\nif 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\nif subsection (1) (b) (ii) or (iii) applies—be accompanied by a copy of the domestic violence order, police protection direction, police protection notice or release conditions.\nThe chief inspector may confirm the suspicions of the commissioner mentioned in subsection (1) (a) .\nFor 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.\ns 12H ins 2019 No. 7 s 24\namd 2025 No. 18 s 56\n(sec.12H-ssec.1) This section applies if— the commissioner reasonably suspects a person is— an applicant for a security clearance; or the holder of a security clearance; and any of the following events happens after the application is made or during the term of the security clearance— the person’s criminal history changes; the person is named as the respondent in a domestic violence order, police protection direction or police protection notice; release conditions are imposed on the person under the Domestic and Family Violence Protection Act 2012 , section 125 .\n(sec.12H-ssec.2) The commissioner must give the chief inspector a written notice about the event.\n(sec.12H-ssec.3) The notice must— state— the person’s name and any other name the commissioner believes the person may use or may have used; and the person’s date and place of birth; and 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 if subsection (1) (b) (ii) or (iii) applies—be accompanied by a copy of the domestic violence order, police protection direction, police protection notice or release conditions.\n(sec.12H-ssec.4) The chief inspector may confirm the suspicions of the commissioner mentioned in subsection (1) (a) .\n(sec.12H-ssec.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.\n- (a) the commissioner reasonably suspects a person is— (i) an applicant for a security clearance; or (ii) the holder of a security clearance; and\n- (i) an applicant for a security clearance; or\n- (ii) the holder of a security clearance; and\n- (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, police protection direction or police protection notice; (iii) release conditions are imposed on the person under the Domestic and Family Violence Protection Act 2012 , section 125 .\n- (i) the person’s criminal history changes;\n- (ii) the person is named as the respondent in a domestic violence order, police protection direction or police protection notice;\n- (iii) release conditions are imposed on the person under the Domestic and Family Violence Protection Act 2012 , section 125 .\n- (i) an applicant for a security clearance; or\n- (ii) the holder of a security clearance; and\n- (i) the person’s criminal history changes;\n- (ii) the person is named as the respondent in a domestic violence order, police protection direction or police protection notice;\n- (iii) release conditions are imposed on the person under the Domestic and Family Violence Protection Act 2012 , section 125 .\n- (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\n- (i) the person’s name and any other name the commissioner believes the person may use or may have used; and\n- (ii) the person’s date and place of birth; and\n- (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\n- (c) if subsection (1) (b) (ii) or (iii) applies—be accompanied by a copy of the domestic violence order, police protection direction, police protection notice or release conditions.\n- (i) the person’s name and any other name the commissioner believes the person may use or may have used; and\n- (ii) the person’s date and place of birth; and","sortOrder":25},{"sectionNumber":"sec.12I","sectionType":"section","heading":"Requests for information about mental health","content":"### sec.12I Requests for information about mental health\n\nThis section applies in relation to the following persons—\nan applicant for a security clearance;\nthe holder of a security clearance.\nThe 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.\nWithout 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.\nThe 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.\nIf the chief inspector is given a report mentioned in subsection (3) , the chief inspector may—\nmake information about the person having access to explosives available to the doctor or psychologist who prepared the report; and\nask the doctor or psychologist to give the chief inspector a further report about the person’s mental health.\nThe chief inspector may make the information available to the doctor or psychologist only if the chief inspector reasonably considers—\nthe doctor or psychologist was not aware of the information; and\nthe information may influence the doctor’s or psychologist’s opinion about the person’s mental health.\nIf the chief inspector makes the information available to the doctor or psychologist, the chief inspector must advise the person of that fact.\nThe chief inspector may make the information available to the doctor or psychologist despite any other Act.\ns 12I ins 2019 No. 7 s 24\n(sec.12I-ssec.1) This section applies in relation to the following persons— an applicant for a security clearance; the holder of a security clearance.\n(sec.12I-ssec.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.\n(sec.12I-ssec.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.\n(sec.12I-ssec.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.\n(sec.12I-ssec.5) If the chief inspector is given a report mentioned in subsection (3) , the chief inspector may— make information about the person having access to explosives available to the doctor or psychologist who prepared the report; and ask the doctor or psychologist to give the chief inspector a further report about the person’s mental health.\n(sec.12I-ssec.6) The chief inspector may make the information available to the doctor or psychologist only if the chief inspector reasonably considers— the doctor or psychologist was not aware of the information; and the information may influence the doctor’s or psychologist’s opinion about the person’s mental health.\n(sec.12I-ssec.7) If the chief inspector makes the information available to the doctor or psychologist, the chief inspector must advise the person of that fact.\n(sec.12I-ssec.8) The chief inspector may make the information available to the doctor or psychologist despite any other Act.\n- (a) an applicant for a security clearance;\n- (b) the holder of a security clearance.\n- (a) make information about the person having access to explosives available to the doctor or psychologist who prepared the report; and\n- (b) ask the doctor or psychologist to give the chief inspector a further report about the person’s mental health.\n- (a) the doctor or psychologist was not aware of the information; and\n- (b) the information may influence the doctor’s or psychologist’s opinion about the person’s mental health.","sortOrder":26},{"sectionNumber":"sec.12J","sectionType":"section","heading":"Failure to give information about mental health","content":"### sec.12J Failure to give information about mental health\n\nThis 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) .\nThe applicant is taken to have withdrawn the application for the security clearance or the renewal of the security clearance.\ns 12J ins 2019 No. 7 s 24\n(sec.12J-ssec.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) .\n(sec.12J-ssec.2) The applicant is taken to have withdrawn the application for the security clearance or the renewal of the security clearance.","sortOrder":27},{"sectionNumber":"sec.12K","sectionType":"section","heading":"Use of information obtained under s 12G , 12H or 12I","content":"### sec.12K Use of information obtained under s 12G , 12H or 12I\n\nInformation about a person given to the chief inspector under section 12G or 12H may be used only for making a decision—\nunder section 12B about whether the person is a suitable person to hold a security clearance; or\nunder section 24 or 25 about—\nwhether to suspend or cancel the person’s security clearance on a ground mentioned in section 23A (1) (b) or (c) ; or\nwhether to suspend or cancel an authority held by the person on the ground mentioned in section 23 (1) (c) .\nInformation about a person given to the chief inspector under section 12I may be used only—\nfor making a decision under section 12B about whether the person is a suitable person to hold a security clearance; or\nfor 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\nto investigate or prosecute an offence against this Act.\nSubsection (4) applies if, in making a decision mentioned in subsection (1) , the chief inspector is considering information about—\nthe commission of an offence by the person; or\nthe alleged or possible commission of an offence by the person.\nThe chief inspector must also consider—\nwhen the offence was committed, is alleged to have been committed or may possibly have been committed; and\nthe 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\nany other matter the chief inspector considers relevant to the decision.\nThis section is subject to section 132 .\ns 12K ins 2019 No. 7 s 24\n(sec.12K-ssec.1) Information about a person given to the chief inspector under section 12G or 12H may be used only for making a decision— under section 12B about whether the person is a suitable person to hold a security clearance; or under section 24 or 25 about— whether to suspend or cancel the person’s security clearance on a ground mentioned in section 23A (1) (b) or (c) ; or whether to suspend or cancel an authority held by the person on the ground mentioned in section 23 (1) (c) .\n(sec.12K-ssec.2) Information about a person given to the chief inspector under section 12I may be used only— for making a decision under section 12B about whether the person is a suitable person to hold a security clearance; or 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 to investigate or prosecute an offence against this Act.\n(sec.12K-ssec.3) Subsection (4) applies if, in making a decision mentioned in subsection (1) , the chief inspector is considering information about— the commission of an offence by the person; or the alleged or possible commission of an offence by the person.\n(sec.12K-ssec.4) The chief inspector must also consider— when the offence was committed, is alleged to have been committed or may possibly have been committed; and 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 any other matter the chief inspector considers relevant to the decision.\n(sec.12K-ssec.5) This section is subject to section 132 .\n- (a) under section 12B about whether the person is a suitable person to hold a security clearance; or\n- (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) .\n- (i) whether to suspend or cancel the person’s security clearance on a ground mentioned in section 23A (1) (b) or (c) ; or\n- (ii) whether to suspend or cancel an authority held by the person on the ground mentioned in section 23 (1) (c) .\n- (i) whether to suspend or cancel the person’s security clearance on a ground mentioned in section 23A (1) (b) or (c) ; or\n- (ii) whether to suspend or cancel an authority held by the person on the ground mentioned in section 23 (1) (c) .\n- (a) for making a decision under section 12B about whether the person is a suitable person to hold a security clearance; or\n- (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\n- (c) to investigate or prosecute an offence against this Act.\n- (a) the commission of an offence by the person; or\n- (b) the alleged or possible commission of an offence by the person.\n- (a) when the offence was committed, is alleged to have been committed or may possibly have been committed; and\n- (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\n- (c) any other matter the chief inspector considers relevant to the decision.","sortOrder":28},{"sectionNumber":"pt.3-div.1","sectionType":"division","heading":"Authorities","content":"## Authorities","sortOrder":29},{"sectionNumber":"sec.13","sectionType":"section","heading":"Authorities that may be issued under Act","content":"### sec.13 Authorities that may be issued under Act\n\nA regulation may prescribe the authorities that may be issued under this Act and what each authority authorises.","sortOrder":30},{"sectionNumber":"sec.14","sectionType":"section","heading":"Application for authority","content":"### sec.14 Application for authority\n\nA person may apply to the chief inspector for an authority.\nThe application must—\nbe made in the approved form; and\nbe accompanied by the fee prescribed under a regulation for the authority.\n(sec.14-ssec.1) A person may apply to the chief inspector for an authority.\n(sec.14-ssec.2) The application must— be made in the approved form; and be accompanied by the fee prescribed under a regulation for the authority.\n- (a) be made in the approved form; and\n- (b) be accompanied by the fee prescribed under a regulation for the authority.","sortOrder":31},{"sectionNumber":"sec.15","sectionType":"section","heading":"Inquiries about person’s appropriateness","content":"### sec.15 Inquiries about person’s appropriateness\n\nThis section applies to the following persons—\nan applicant for an authority;\nan authority holder;\nan employee of an applicant for an authority;\nan employee of an authority holder.\nThe chief inspector may make reasonable inquiries about the person to help in deciding whether the person—\nfor subsection (1) (a) —is an appropriate person for the grant of an authority; or\nfor subsection (1) (b) —continues to be an appropriate person to hold an authority; or\nfor subsection (1) (c) —is an appropriate person to have access to explosives; or\nfor subsection (1) (d) —continues to be an appropriate person to have access to explosives.\nIf 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.\nIn deciding whether the person is an appropriate person, the chief inspector may consider, among other things—\nif the person is an individual—\nthe person’s physical health; and\nwhether 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\nif the person is a corporation—\nwhether the corporation is an insolvent under administration under the Corporations Act ; and\nwhether the corporation has been convicted, in Queensland or elsewhere, of an offence involving a prescribed activity; and\nwhether an executive officer of the corporation would be considered to be an appropriate person under this section; and\ninformation that indicates it would be contrary to the public interest for the corporation to hold an authority.\nAlso, 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.\nInformation 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 .\nFor this section, the chief inspector may—\ninspect the facilities mentioned in subsection (5) ; or\nsupply information or a document relevant to the person’s identity to an officer or member of a State or Commonwealth police service; or\nrequire the person to display an adequate knowledge of safety and security practices for the use and handling of explosives.\nAn 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).\ns 15 amd 2007 No. 46 s 46 ; 2019 No. 7 s 25\n(sec.15-ssec.1) This section applies to the following persons— an applicant for an authority; an authority holder; an employee of an applicant for an authority; an employee of an authority holder.\n(sec.15-ssec.2) The chief inspector may make reasonable inquiries about the person to help in deciding whether the person— for subsection (1) (a) —is an appropriate person for the grant of an authority; or for subsection (1) (b) —continues to be an appropriate person to hold an authority; or for subsection (1) (c) —is an appropriate person to have access to explosives; or for subsection (1) (d) —continues to be an appropriate person to have access to explosives.\n(sec.15-ssec.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.\n(sec.15-ssec.4) In deciding whether the person is an appropriate person, the chief inspector may consider, among other things— if the person is an individual— the person’s physical health; and 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 if the person is a corporation— whether the corporation is an insolvent under administration under the Corporations Act ; and whether the corporation has been convicted, in Queensland or elsewhere, of an offence involving a prescribed activity; and whether an executive officer of the corporation would be considered to be an appropriate person under this section; and information that indicates it would be contrary to the public interest for the corporation to hold an authority.\n(sec.15-ssec.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.\n(sec.15-ssec.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 .\n(sec.15-ssec.7) For this section, the chief inspector may— inspect the facilities mentioned in subsection (5) ; or supply information or a document relevant to the person’s identity to an officer or member of a State or Commonwealth police service; or require the person to display an adequate knowledge of safety and security practices for the use and handling of explosives.\n(sec.15-ssec.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).\n- (a) an applicant for an authority;\n- (b) an authority holder;\n- (c) an employee of an applicant for an authority;\n- (d) an employee of an authority holder.\n- (a) for subsection (1) (a) —is an appropriate person for the grant of an authority; or\n- (b) for subsection (1) (b) —continues to be an appropriate person to hold an authority; or\n- (c) for subsection (1) (c) —is an appropriate person to have access to explosives; or\n- (d) for subsection (1) (d) —continues to be an appropriate person to have access to explosives.\n- (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\n- (i) the person’s physical health; and\n- (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\n- (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.\n- (i) whether the corporation is an insolvent under administration under the Corporations Act ; and\n- (ii) whether the corporation has been convicted, in Queensland or elsewhere, of an offence involving a prescribed activity; and\n- (iii) whether an executive officer of the corporation would be considered to be an appropriate person under this section; and\n- (iv) information that indicates it would be contrary to the public interest for the corporation to hold an authority.\n- (i) the person’s physical health; and\n- (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\n- (i) whether the corporation is an insolvent under administration under the Corporations Act ; and\n- (ii) whether the corporation has been convicted, in Queensland or elsewhere, of an offence involving a prescribed activity; and\n- (iii) whether an executive officer of the corporation would be considered to be an appropriate person under this section; and\n- (iv) information that indicates it would be contrary to the public interest for the corporation to hold an authority.\n- (a) inspect the facilities mentioned in subsection (5) ; or\n- (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\n- (c) require the person to display an adequate knowledge of safety and security practices for the use and handling of explosives.","sortOrder":32},{"sectionNumber":"sec.15A","sectionType":"section","heading":"Persons who are not appropriate persons","content":"### sec.15A Persons who are not appropriate persons\n\nThis section applies to a person who is an applicant for, or the holder of, a security sensitive authority.\nThe person is not an appropriate person to hold, or to continue to hold, the security sensitive authority if an employee of the person—\nhas or will have unsupervised access to an explosive in the course of the employee’s employment; and\ndoes not hold a security clearance.\nFor 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.\nDespite 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.\ns 15A ins 2019 No. 7 s 26\namd 2024 No. 34 s 106\n(sec.15A-ssec.1) This section applies to a person who is an applicant for, or the holder of, a security sensitive authority.\n(sec.15A-ssec.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— has or will have unsupervised access to an explosive in the course of the employee’s employment; and does not hold a security clearance.\n(sec.15A-ssec.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.\n(sec.15A-ssec.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.\n- (a) has or will have unsupervised access to an explosive in the course of the employee’s employment; and\n- (b) does not hold a security clearance.","sortOrder":33},{"sectionNumber":"sec.16","sectionType":"section","heading":"Additional information","content":"### sec.16 Additional information\n\nThe 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.\nWithout 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.\nThe notice must—\nstate that the information must be given within a stated reasonable time (not less than 28 days after the notice is given); and\nbe given to—\nfor a person mentioned in section 15 (1) (a) or (c) —the applicant for the authority; or\nfor a person mentioned in section 15 (1) (b) or (d) —the authority holder.\nInformation 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 .\nAn 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.\ns 16 amd 2019 No. 7 s 27\n(sec.16-ssec.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.\n(sec.16-ssec.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.\n(sec.16-ssec.3) The notice must— state that the information must be given within a stated reasonable time (not less than 28 days after the notice is given); and be given to— for a person mentioned in section 15 (1) (a) or (c) —the applicant for the authority; or for a person mentioned in section 15 (1) (b) or (d) —the authority holder.\n(sec.16-ssec.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 .\n(sec.16-ssec.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.\n- (a) state that the information must be given within a stated reasonable time (not less than 28 days after the notice is given); and\n- (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.\n- (i) for a person mentioned in section 15 (1) (a) or (c) —the applicant for the authority; or\n- (ii) for a person mentioned in section 15 (1) (b) or (d) —the authority holder.\n- (i) for a person mentioned in section 15 (1) (a) or (c) —the applicant for the authority; or\n- (ii) for a person mentioned in section 15 (1) (b) or (d) —the authority holder.","sortOrder":34},{"sectionNumber":"sec.16A","sectionType":"section","heading":"Other information for application","content":"### sec.16A Other information for application\n\nThe 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.\ns 16A ins 2019 No. 7 s 28","sortOrder":35},{"sectionNumber":"sec.17","sectionType":"section","heading":"How chief inspector may deal with application","content":"### sec.17 How chief inspector may deal with application\n\nThe chief inspector must consider an application for an authority and either—\nissue the authority with or without conditions; or\nrefuse to issue the authority.\nSee also section 123S (2) .\nIf the application is for a security sensitive authority, the chief inspector must refuse to issue the authority unless—\nif the applicant is an individual—the applicant holds a security clearance; or\nif the applicant is a listed corporation—\nthe corporation has a responsible person; and\nthe responsible person holds a security clearance; or\nif the applicant is a corporation other than a listed corporation—each executive officer of the corporation holds a security clearance; or\nif the applicant is a partnership—each partner holds a security clearance.\nIf the chief inspector decides to issue the authority, the chief inspector must promptly give the applicant—\nthe authority; and\nif the authority is subject to conditions, an information notice for the decision to impose conditions.\nIf the chief inspector decides not to issue the authority, the chief inspector must promptly—\ngive the applicant an information notice for the decision; and\nrefund fees paid by the applicant, other than fees for assessing the application.\ns 17 amd 2009 No. 24 s 483 ; 2019 No. 7 s 29 ; 2024 No. 34 s 107\n(sec.17-ssec.1) The chief inspector must consider an application for an authority and either— issue the authority with or without conditions; or refuse to issue the authority. See also section 123S (2) .\n(sec.17-ssec.2) If the application is for a security sensitive authority, the chief inspector must refuse to issue the authority unless— if the applicant is an individual—the applicant holds a security clearance; or if the applicant is a listed corporation— the corporation has a responsible person; and the responsible person holds a security clearance; or if the applicant is a corporation other than a listed corporation—each executive officer of the corporation holds a security clearance; or if the applicant is a partnership—each partner holds a security clearance.\n(sec.17-ssec.3) If the chief inspector decides to issue the authority, the chief inspector must promptly give the applicant— the authority; and if the authority is subject to conditions, an information notice for the decision to impose conditions.\n(sec.17-ssec.4) If the chief inspector decides not to issue the authority, the chief inspector must promptly— give the applicant an information notice for the decision; and refund fees paid by the applicant, other than fees for assessing the application.\n- (a) issue the authority with or without conditions; or\n- (b) refuse to issue the authority.\n- (a) if the applicant is an individual—the applicant holds a security clearance; or\n- (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\n- (i) the corporation has a responsible person; and\n- (ii) the responsible person holds a security clearance; or\n- (c) if the applicant is a corporation other than a listed corporation—each executive officer of the corporation holds a security clearance; or\n- (d) if the applicant is a partnership—each partner holds a security clearance.\n- (i) the corporation has a responsible person; and\n- (ii) the responsible person holds a security clearance; or\n- (a) the authority; and\n- (b) if the authority is subject to conditions, an information notice for the decision to impose conditions.\n- (a) give the applicant an information notice for the decision; and\n- (b) refund fees paid by the applicant, other than fees for assessing the application.","sortOrder":36},{"sectionNumber":"sec.18","sectionType":"section","heading":"Compliance with conditions","content":"### sec.18 Compliance with conditions\n\nAn authority holder must comply with the conditions prescribed under a regulation for each authority issued to the authority holder.\nMaximum penalty—200 penalty units.\nIf the chief inspector imposes a condition on an authority, the authority holder must comply with the condition.\nMaximum penalty—200 penalty units.\ns 18 sub 2011 No. 2 s 31\n(sec.18-ssec.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.\n(sec.18-ssec.2) If the chief inspector imposes a condition on an authority, the authority holder must comply with the condition. Maximum penalty—200 penalty units.","sortOrder":37},{"sectionNumber":"sec.18A","sectionType":"section","heading":"Form of authority","content":"### sec.18A Form of authority\n\nAn authority must—\nbe in the approved form; and\nif the authority is an occupational authority—include a digital photo, and digitised signature, of the holder of the authority.\ns 18A ins 2019 No. 7 s 30\n- (a) be in the approved form; and\n- (b) if the authority is an occupational authority—include a digital photo, and digitised signature, of the holder of the authority.","sortOrder":38},{"sectionNumber":"sec.19","sectionType":"section","heading":"Term of authority","content":"### sec.19 Term of authority\n\nAn authority is for the term stated in the authority, but can not be for more than the term prescribed under a regulation.\nAt the end of the term, the authority expires.\n(sec.19-ssec.1) An authority is for the term stated in the authority, but can not be for more than the term prescribed under a regulation.\n(sec.19-ssec.2) At the end of the term, the authority expires.","sortOrder":39},{"sectionNumber":"sec.20","sectionType":"section","heading":"Transfer of authority","content":"### sec.20 Transfer of authority\n\nA licence, other than an occupational authority, may be transferred with the written approval of the chief inspector.\nAnother type of authority can not be transferred.\ns 20 amd 2019 No. 7 s 31\n(sec.20-ssec.1) A licence, other than an occupational authority, may be transferred with the written approval of the chief inspector.\n(sec.20-ssec.2) Another type of authority can not be transferred.","sortOrder":40},{"sectionNumber":"sec.21","sectionType":"section","heading":"Renewal of authority","content":"### sec.21 Renewal of authority\n\nA licence is renewable.\nAn authority other than a licence can not be renewed.\n(sec.21-ssec.1) A licence is renewable.\n(sec.21-ssec.2) An authority other than a licence can not be renewed.","sortOrder":41},{"sectionNumber":"sec.22","sectionType":"section","heading":"Division applies to application for renewal of licence","content":"### sec.22 Division applies to application for renewal of licence\n\nThis division applies to an application for the renewal of a licence.\nHowever, the chief inspector may renew a licence only if the application is made to the chief inspector before the licence expires.\n(sec.22-ssec.1) This division applies to an application for the renewal of a licence.\n(sec.22-ssec.2) However, the chief inspector may renew a licence only if the application is made to the chief inspector before the licence expires.","sortOrder":42},{"sectionNumber":"pt.3-div.2","sectionType":"division","heading":"Suspension and cancellation of authorities and security clearances","content":"## Suspension and cancellation of authorities and security clearances","sortOrder":43},{"sectionNumber":"sec.23","sectionType":"section","heading":"Grounds for suspending or cancelling authorities","content":"### sec.23 Grounds for suspending or cancelling authorities\n\nEach of the following is a ground for the suspension or cancellation of an authority—\nthe authority was obtained because of incorrect or misleading information;\nthe holder has contravened an authority condition;\nthe holder is convicted of or charged with—\nan offence against this Act or an Act of another State about explosives; or\nanother offence involving the use of explosives;\nthe 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;\nsomeone other than the holder controls the holder’s operations under the authority;\nthe level of safety under which an activity is carried out under the authority is inadequate for ensuring the safety of a person;\nthe 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;\nthe holder of the authority has not complied with section 33 (3) ;\nif the holder of the authority is an individual—the holder’s security clearance has expired, or been cancelled, suspended or surrendered;\nif the holder of the authority is a listed corporation—\nthere is not a responsible person for the corporation; or\nthe security clearance held by the responsible person for the corporation has expired, or been cancelled, suspended or surrendered;\nif 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;\nif the holder of the authority is a partnership—the security clearance held by a partner has expired, or been cancelled, suspended or surrendered.\nHowever, subsection (1) (i) to (l) applies only if the authority is a security sensitive authority.\ns 23 amd 2019 No. 7 s 34; 2024 No. 34 s 108\n(sec.23-ssec.1) Each of the following is a ground for the suspension or cancellation of an authority— the authority was obtained because of incorrect or misleading information; the holder has contravened an authority condition; the holder is convicted of or charged with— an offence against this Act or an Act of another State about explosives; or another offence involving the use of explosives; 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; someone other than the holder controls the holder’s operations under the authority; the level of safety under which an activity is carried out under the authority is inadequate for ensuring the safety of a person; 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; the holder of the authority has not complied with section 33 (3) ; if the holder of the authority is an individual—the holder’s security clearance has expired, or been cancelled, suspended or surrendered; if the holder of the authority is a listed corporation— there is not a responsible person for the corporation; or the security clearance held by the responsible person for the corporation has expired, or been cancelled, suspended or surrendered; 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; if the holder of the authority is a partnership—the security clearance held by a partner has expired, or been cancelled, suspended or surrendered.\n(sec.23-ssec.2) However, subsection (1) (i) to (l) applies only if the authority is a security sensitive authority.\n- (a) the authority was obtained because of incorrect or misleading information;\n- (b) the holder has contravened an authority condition;\n- (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;\n- (i) an offence against this Act or an Act of another State about explosives; or\n- (ii) another offence involving the use of explosives;\n- (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;\n- (e) someone other than the holder controls the holder’s operations under the authority;\n- (f) the level of safety under which an activity is carried out under the authority is inadequate for ensuring the safety of a person;\n- (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;\n- (h) the holder of the authority has not complied with section 33 (3) ;\n- (i) if the holder of the authority is an individual—the holder’s security clearance has expired, or been cancelled, suspended or surrendered;\n- (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;\n- (i) there is not a responsible person for the corporation; or\n- (ii) the security clearance held by the responsible person for the corporation has expired, or been cancelled, suspended or surrendered;\n- (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;\n- (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.\n- (i) an offence against this Act or an Act of another State about explosives; or\n- (ii) another offence involving the use of explosives;\n- (i) there is not a responsible person for the corporation; or\n- (ii) the security clearance held by the responsible person for the corporation has expired, or been cancelled, suspended or surrendered;","sortOrder":44},{"sectionNumber":"sec.23A","sectionType":"section","heading":"Grounds for suspending or cancelling security clearances","content":"### sec.23A Grounds for suspending or cancelling security clearances\n\nEach of the following is a ground for the suspension or cancellation of a security clearance—\nthe security clearance was obtained because of incorrect or misleading information;\nthe holder of the security clearance is, in Queensland or elsewhere, convicted of or charged with a relevant offence;\nthe holder of the security clearance is no longer a suitable person to continue to hold the security clearance.\nIn 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) .\nIn this section—\nrelevant offence means an offence—\ninvolving a prescribed activity; or\ninvolving violence or threatened violence; or\ninvolving the use, carriage, discharge or possession of a firearm; or\nrelating to the misuse of drugs; or\ninvolving breaking and entering into premises, burglary, robbery, stealing or receiving stolen property; or\ninvolving fraud, the fabrication of evidence, perjury or the making of a false declaration or statement.\ns 23A ins 2019 No. 7 s 35\n(sec.23A-ssec.1) Each of the following is a ground for the suspension or cancellation of a security clearance— the security clearance was obtained because of incorrect or misleading information; the holder of the security clearance is, in Queensland or elsewhere, convicted of or charged with a relevant offence; the holder of the security clearance is no longer a suitable person to continue to hold the security clearance.\n(sec.23A-ssec.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) .\n(sec.23A-ssec.3) In this section— relevant offence means an offence— involving a prescribed activity; or involving violence or threatened violence; or involving the use, carriage, discharge or possession of a firearm; or relating to the misuse of drugs; or involving breaking and entering into premises, burglary, robbery, stealing or receiving stolen property; or involving fraud, the fabrication of evidence, perjury or the making of a false declaration or statement.\n- (a) the security clearance was obtained because of incorrect or misleading information;\n- (b) the holder of the security clearance is, in Queensland or elsewhere, convicted of or charged with a relevant offence;\n- (c) the holder of the security clearance is no longer a suitable person to continue to hold the security clearance.\n- (a) involving a prescribed activity; or\n- (b) involving violence or threatened violence; or\n- (c) involving the use, carriage, discharge or possession of a firearm; or\n- (d) relating to the misuse of drugs; or\n- (e) involving breaking and entering into premises, burglary, robbery, stealing or receiving stolen property; or\n- (f) involving fraud, the fabrication of evidence, perjury or the making of a false declaration or statement.","sortOrder":45},{"sectionNumber":"sec.24","sectionType":"section","heading":"Procedure for suspension or cancellation","content":"### sec.24 Procedure for suspension or cancellation\n\nThis section applies if the chief inspector considers there is a ground to suspend or cancel an authority or security clearance (the proposed action ).\nBefore taking the proposed action, the chief inspector must give the holder of the authority or security clearance a written notice stating—\nthe proposed action; and\nthe grounds for the proposed action; and\nan outline of the facts and circumstances that are the basis of the grounds; and\nif the proposed action is suspension of the authority or security clearance—the proposed suspension period; and\nthat 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.\nIf, 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—\nif 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\nif the proposed action was to cancel the authority or security clearance—either cancel the authority or security clearance or suspend it for a period.\nThe chief inspector must inform the holder of the authority or security clearance of the decision by written notice.\nIf 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.\nThe 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.\nHowever, if the authority or security clearance is suspended or cancelled because of the conviction of a person for an offence, the suspension or cancellation—\ndoes not take effect until—\nthe end of the time to appeal against the conviction; and\nif an appeal is made against the conviction—the appeal is finally decided or otherwise ends; and\nhas no effect if the conviction is quashed.\ns 24 amd 2009 No. 24 s 484 ; 2019 No. 7 s 36\n(sec.24-ssec.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 ).\n(sec.24-ssec.2) Before taking the proposed action, the chief inspector must give the holder of the authority or security clearance a written notice stating— the proposed action; and the grounds for the proposed action; and an outline of the facts and circumstances that are the basis of the grounds; and if the proposed action is suspension of the authority or security clearance—the proposed suspension period; and 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.\n(sec.24-ssec.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— 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 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.\n(sec.24-ssec.4) The chief inspector must inform the holder of the authority or security clearance of the decision by written notice.\n(sec.24-ssec.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.\n(sec.24-ssec.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.\n(sec.24-ssec.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— does not take effect until— the end of the time to appeal against the conviction; and if an appeal is made against the conviction—the appeal is finally decided or otherwise ends; and has no effect if the conviction is quashed.\n- (a) the proposed action; and\n- (b) the grounds for the proposed action; and\n- (c) an outline of the facts and circumstances that are the basis of the grounds; and\n- (d) if the proposed action is suspension of the authority or security clearance—the proposed suspension period; and\n- (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.\n- (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\n- (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.\n- (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\n- (i) the end of the time to appeal against the conviction; and\n- (ii) if an appeal is made against the conviction—the appeal is finally decided or otherwise ends; and\n- (b) has no effect if the conviction is quashed.\n- (i) the end of the time to appeal against the conviction; and\n- (ii) if an appeal is made against the conviction—the appeal is finally decided or otherwise ends; and","sortOrder":46},{"sectionNumber":"sec.25","sectionType":"section","heading":"Procedure for urgent suspension or cancellation of authorities and security clearances","content":"### sec.25 Procedure for urgent suspension or cancellation of authorities and security clearances\n\nThis section applies if the chief inspector is reasonably satisfied—\nurgent action is necessary in the particular circumstances; and\nundue delay in suspending or cancelling an authority or security clearance may cause harm to the public.\nThe 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.\nHowever, 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.\nThe 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.\ns 25 amd 2009 No. 24 s 485 ; 2019 No. 7 s 37\n(sec.25-ssec.1) This section applies if the chief inspector is reasonably satisfied— urgent action is necessary in the particular circumstances; and undue delay in suspending or cancelling an authority or security clearance may cause harm to the public.\n(sec.25-ssec.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.\n(sec.25-ssec.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.\n(sec.25-ssec.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.\n- (a) urgent action is necessary in the particular circumstances; and\n- (b) undue delay in suspending or cancelling an authority or security clearance may cause harm to the public.","sortOrder":47},{"sectionNumber":"sec.25A","sectionType":"section","heading":"Immediate suspension in particular circumstances","content":"### sec.25A Immediate suspension in particular circumstances\n\nThis section applies to the holder of an authority or security clearance if—\nthe holder is named as the respondent in—\na temporary protection order; or\na police protection notice; or\nrelease conditions are imposed on the holder under the Domestic and Family Violence Protection Act 2012 , section 125 .\nThe authority or security clearance is suspended—\nif 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\nif release conditions are imposed on the holder—while the release conditions are in force; or\notherwise—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.\nIn this section—\ntemporary protection order means—\na temporary protection order under the Domestic and Family Violence Protection Act 2012 ; or\nan interstate domestic violence order corresponding to a temporary protection order mentioned in paragraph (a) .\ns 25A ins 2019 No. 7 s 38\n(sec.25A-ssec.1) This section applies to the holder of an authority or security clearance if— the holder is named as the respondent in— a temporary protection order; or a police protection notice; or release conditions are imposed on the holder under the Domestic and Family Violence Protection Act 2012 , section 125 .\n(sec.25A-ssec.2) The authority or security clearance is suspended— 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 if release conditions are imposed on the holder—while the release conditions are in force; or 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.\n(sec.25A-ssec.3) In this section— temporary protection order means— a temporary protection order under the Domestic and Family Violence Protection Act 2012 ; or an interstate domestic violence order corresponding to a temporary protection order mentioned in paragraph (a) .\n- (a) the holder is named as the respondent in— (i) a temporary protection order; or (ii) a police protection notice; or\n- (i) a temporary protection order; or\n- (ii) a police protection notice; or\n- (b) release conditions are imposed on the holder under the Domestic and Family Violence Protection Act 2012 , section 125 .\n- (i) a temporary protection order; or\n- (ii) a police protection notice; or\n- (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\n- (b) if release conditions are imposed on the holder—while the release conditions are in force; or\n- (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.\n- (a) a temporary protection order under the Domestic and Family Violence Protection Act 2012 ; or\n- (b) an interstate domestic violence order corresponding to a temporary protection order mentioned in paragraph (a) .","sortOrder":48},{"sectionNumber":"sec.25B","sectionType":"section","heading":"Immediate cancellation if police protection direction issued or protection order made","content":"### sec.25B Immediate cancellation if police protection direction issued or protection order made\n\nThis section applies to the holder of an authority or security clearance if the holder is named as the respondent in a police protection direction or protection order.\nThe authority or security clearance is cancelled—\nif the holder is named as the respondent in a protection order and is present in court when the order is made—when the order is made; or\notherwise—when the holder is served with the direction or order.\nIn this section—\nprotection order means—\na protection order under the Domestic and Family Violence Protection Act 2012 ; or\nan interstate domestic violence order corresponding to a protection order mentioned in paragraph (a) .\ns 25B ins 2019 No. 7 s 38\namd 2025 No. 18 s 57\n(sec.25B-ssec.1) This section applies to the holder of an authority or security clearance if the holder is named as the respondent in a police protection direction or protection order.\n(sec.25B-ssec.2) The authority or security clearance is cancelled— if the holder is named as the respondent in a protection order and is present in court when the order is made—when the order is made; or otherwise—when the holder is served with the direction or order.\n(sec.25B-ssec.3) In this section— protection order means— a protection order under the Domestic and Family Violence Protection Act 2012 ; or an interstate domestic violence order corresponding to a protection order mentioned in paragraph (a) .\n- (a) if the holder is named as the respondent in a protection order and is present in court when the order is made—when the order is made; or\n- (b) otherwise—when the holder is served with the direction or order.\n- (a) a protection order under the Domestic and Family Violence Protection Act 2012 ; or\n- (b) an interstate domestic violence order corresponding to a protection order mentioned in paragraph (a) .","sortOrder":49},{"sectionNumber":"sec.26","sectionType":"section","heading":"Return of authorities and security clearances","content":"### sec.26 Return of authorities and security clearances\n\nThe 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.\nMaximum penalty—200 penalty units.\nIf 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.\ns 26 amd 2019 No. 7 s 40\n(sec.26-ssec.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.\n(sec.26-ssec.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.","sortOrder":50},{"sectionNumber":"sec.26A","sectionType":"section","heading":"Surrender of explosives","content":"### sec.26A Surrender of explosives\n\nThis section applies to a person whose authority is suspended or cancelled under this division.\nThe 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.\nMaximum penalty—40 penalty units.\nThe person must comply with the arrangement under subsection (2) , unless the person has a reasonable excuse.\nMaximum penalty—100 penalty units.\ns 26A ins 2019 No. 7 s 41\n(sec.26A-ssec.1) This section applies to a person whose authority is suspended or cancelled under this division.\n(sec.26A-ssec.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.\n(sec.26A-ssec.3) The person must comply with the arrangement under subsection (2) , unless the person has a reasonable excuse. Maximum penalty—100 penalty units.","sortOrder":51},{"sectionNumber":"pt.3-div.3","sectionType":"division","heading":"Other provisions about authorities and security clearances","content":"## Other provisions about authorities and security clearances","sortOrder":52},{"sectionNumber":"sec.27","sectionType":"section","heading":"Replacement of authorities and security clearances","content":"### sec.27 Replacement of authorities and security clearances\n\nThe 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.\nThe chief inspector must consider the application and either—\nreplace the authority or security clearance; or\nrefuse to replace the authority or security clearance.\nIf 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.\nIf 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.\ns 27 amd 2009 No. 24 s 486 ; 2019 No. 7 s 43\n(sec.27-ssec.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.\n(sec.27-ssec.2) The chief inspector must consider the application and either— replace the authority or security clearance; or refuse to replace the authority or security clearance.\n(sec.27-ssec.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.\n(sec.27-ssec.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.\n- (a) replace the authority or security clearance; or\n- (b) refuse to replace the authority or security clearance.","sortOrder":53},{"sectionNumber":"sec.28","sectionType":"section","heading":"Amendment of authority on application","content":"### sec.28 Amendment of authority on application\n\nAn authority holder may apply to the chief inspector for an amendment of the authority.\nThe application must—\nbe made in the approved form; and\nbe made at least 28 days before the holder wants the amendment to take effect; and\nbe accompanied by the fee prescribed under a regulation.\nHowever, failure to comply with subsection (2) does not prevent the chief inspector dealing with the application.\nThe chief inspector must decide the application by—\namending the authority in the way sought; or\nrefusing to amend the authority.\nThe 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.\nIf 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.\nIf the chief inspector decides not to amend the authority, the chief inspector must give the authority holder an information notice for the decision.\ns 28 amd 2009 No. 24 s 487 ; 2019 No. 7 s 44\n(sec.28-ssec.1) An authority holder may apply to the chief inspector for an amendment of the authority.\n(sec.28-ssec.2) The application must— be made in the approved form; and be made at least 28 days before the holder wants the amendment to take effect; and be accompanied by the fee prescribed under a regulation.\n(sec.28-ssec.3) However, failure to comply with subsection (2) does not prevent the chief inspector dealing with the application.\n(sec.28-ssec.4) The chief inspector must decide the application by— amending the authority in the way sought; or refusing to amend the authority.\n(sec.28-ssec.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.\n(sec.28-ssec.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.\n(sec.28-ssec.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.\n- (a) be made in the approved form; and\n- (b) be made at least 28 days before the holder wants the amendment to take effect; and\n- (c) be accompanied by the fee prescribed under a regulation.\n- (a) amending the authority in the way sought; or\n- (b) refusing to amend the authority.","sortOrder":54},{"sectionNumber":"sec.29","sectionType":"section","heading":"Amendment of authority without application","content":"### sec.29 Amendment of authority without application\n\nThis section applies if the chief inspector considers it is desirable to amend an authority in the interests of the effective administration of this Act.\nBefore amending the authority, the chief inspector must give the authority holder a written notice stating—\nthe proposed amendment; and\nthe reasons for the amendment; and\nthat 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.\nIf, 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—\nin the way proposed; or\nin another way, having regard to the representations.\nThe chief inspector must inform the authority holder of the decision by written notice.\nIf the chief inspector decides to amend the authority, the chief inspector must give the authority holder an information notice.\nSubsections (1) to (5) do not apply if the chief inspector proposes to amend the authority—\nby omitting a condition; or\nfor a formal or clerical reason that does not adversely affect the authority holder’s interests.\nThe 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.\ns 29 amd 2009 No. 24 s 488 ; 2011 No. 2 s 32\n(sec.29-ssec.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.\n(sec.29-ssec.2) Before amending the authority, the chief inspector must give the authority holder a written notice stating— the proposed amendment; and the reasons for the amendment; and 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.\n(sec.29-ssec.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— in the way proposed; or in another way, having regard to the representations.\n(sec.29-ssec.4) The chief inspector must inform the authority holder of the decision by written notice.\n(sec.29-ssec.5) If the chief inspector decides to amend the authority, the chief inspector must give the authority holder an information notice.\n(sec.29-ssec.6) Subsections (1) to (5) do not apply if the chief inspector proposes to amend the authority— by omitting a condition; or for a formal or clerical reason that does not adversely affect the authority holder’s interests.\n(sec.29-ssec.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.\n- (a) the proposed amendment; and\n- (b) the reasons for the amendment; and\n- (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.\n- (a) in the way proposed; or\n- (b) in another way, having regard to the representations.\n- (a) by omitting a condition; or\n- (b) for a formal or clerical reason that does not adversely affect the authority holder’s interests.","sortOrder":55},{"sectionNumber":"sec.30","sectionType":"section","heading":"Notice to return authority for alteration","content":"### sec.30 Notice to return authority for alteration\n\nThe 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.\nAfter amending the authority, the chief inspector must return the authority to the holder.\nAn authority holder must comply with a notice under subsection (1) , unless the holder has a reasonable excuse.\nMaximum penalty—20 penalty units.\nThe amendment of the authority under this division does not depend on the authority being amended under this section.\n(sec.30-ssec.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.\n(sec.30-ssec.2) After amending the authority, the chief inspector must return the authority to the holder.\n(sec.30-ssec.3) An authority holder must comply with a notice under subsection (1) , unless the holder has a reasonable excuse. Maximum penalty—20 penalty units.\n(sec.30-ssec.4) The amendment of the authority under this division does not depend on the authority being amended under this section.","sortOrder":56},{"sectionNumber":"sec.30A","sectionType":"section","heading":"Reporting loss, destruction or theft of authorities and security clearances","content":"### sec.30A Reporting loss, destruction or theft of authorities and security clearances\n\nThis section applies if an authority or security clearance is lost, destroyed or stolen.\nThe 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.\nMaximum penalty—50 penalty units.\nThe notification may be given—\nby notice in the approved form; or\norally.\nIf 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.\nMaximum penalty—50 penalty units.\ns 30A ins 2019 No. 7 s 45\n(sec.30A-ssec.1) This section applies if an authority or security clearance is lost, destroyed or stolen.\n(sec.30A-ssec.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.\n(sec.30A-ssec.3) The notification may be given— by notice in the approved form; or orally.\n(sec.30A-ssec.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.\n- (a) by notice in the approved form; or\n- (b) orally.","sortOrder":57},{"sectionNumber":"sec.31","sectionType":"section","heading":"Surrender of authorities and security clearances","content":"### sec.31 Surrender of authorities and security clearances\n\nThe holder of an authority or security clearance may surrender the authority or security clearance by written notice given to the chief inspector.\nThe authority or security clearance must accompany the notice.\nThe 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.\ns 31 amd 2019 No. 7 s 46\n(sec.31-ssec.1) The holder of an authority or security clearance may surrender the authority or security clearance by written notice given to the chief inspector.\n(sec.31-ssec.2) The authority or security clearance must accompany the notice.\n(sec.31-ssec.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.","sortOrder":58},{"sectionNumber":"pt.4","sectionType":"part","heading":"Handling explosives","content":"# Handling explosives","sortOrder":59},{"sectionNumber":"pt.4-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":60},{"sectionNumber":"sec.32","sectionType":"section","heading":"General duty of care","content":"### sec.32 General duty of care\n\nA 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.\nMaximum penalty—\nif the contravention causes multiple deaths and serious harm to property or the environment—3,000 penalty units or 3 years imprisonment; or\nif the contravention causes multiple deaths—2,000 penalty units or 3 years imprisonment; or\nif the contravention causes death or grievous bodily harm—1,000 penalty units or 2 years imprisonment; or\nif the contravention involves exposure to a substance likely to cause death or grievous bodily harm—750 penalty units or 1 year’s imprisonment; or\nif the contravention causes bodily harm—750 penalty units or 1 year’s imprisonment; or\nif the contravention causes serious harm to property or the environment—750 penalty units or 1 year’s imprisonment; or\notherwise—500 penalty units or 6 months imprisonment.\nIf 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.\nWithout 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.\nIn this section—\nbodily harm see the Criminal Code , section 1 .\ngrievous bodily harm see the Criminal Code , section 1 .\ns 32 amd 2007 No. 46 s 47 ; 2013 No. 51 s 229 sch 1 ; 2019 No. 7 s 47\n(sec.32-ssec.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— if the contravention causes multiple deaths and serious harm to property or the environment—3,000 penalty units or 3 years imprisonment; or if the contravention causes multiple deaths—2,000 penalty units or 3 years imprisonment; or if the contravention causes death or grievous bodily harm—1,000 penalty units or 2 years imprisonment; or 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 if the contravention causes bodily harm—750 penalty units or 1 year’s imprisonment; or if the contravention causes serious harm to property or the environment—750 penalty units or 1 year’s imprisonment; or otherwise—500 penalty units or 6 months imprisonment. 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.\n(sec.32-ssec.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.\n(sec.32-ssec.3) In this section— bodily harm see the Criminal Code , section 1 . grievous bodily harm see the Criminal Code , section 1 .\n- (a) if the contravention causes multiple deaths and serious harm to property or the environment—3,000 penalty units or 3 years imprisonment; or\n- (b) if the contravention causes multiple deaths—2,000 penalty units or 3 years imprisonment; or\n- (c) if the contravention causes death or grievous bodily harm—1,000 penalty units or 2 years imprisonment; or\n- (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\n- (e) if the contravention causes bodily harm—750 penalty units or 1 year’s imprisonment; or\n- (f) if the contravention causes serious harm to property or the environment—750 penalty units or 1 year’s imprisonment; or\n- (g) otherwise—500 penalty units or 6 months imprisonment.","sortOrder":61},{"sectionNumber":"sec.33","sectionType":"section","heading":"Employers’ obligations about employees","content":"### sec.33 Employers’ obligations about employees\n\nAn employer must not allow an employee to have access to an explosive unless—\nthe employee is the age prescribed by regulation; and\nfor an employer who holds a security sensitive authority—\nthe employee holds a security clearance; or\nthe 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.\nMaximum penalty—50 penalty units.\nHowever, 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—\nis not required to hold a security clearance; and\nis not required to have access to an explosive under the direct supervision of a person who holds a security clearance.\nBefore 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.\nSee also section 23 (1) (h) .\ns 33 sub 2019 No. 7 s 48\namd 2024 No. 34 s 109\n(sec.33-ssec.1) An employer must not allow an employee to have access to an explosive unless— the employee is the age prescribed by regulation; and for an employer who holds a security sensitive authority— the employee holds a security clearance; or 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.\n(sec.33-ssec.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— is not required to hold a security clearance; and is not required to have access to an explosive under the direct supervision of a person who holds a security clearance.\n(sec.33-ssec.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. See also section 23 (1) (h) .\n- (a) the employee is the age prescribed by regulation; and\n- (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.\n- (i) the employee holds a security clearance; or\n- (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.\n- (i) the employee holds a security clearance; or\n- (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.\n- (a) is not required to hold a security clearance; and\n- (b) is not required to have access to an explosive under the direct supervision of a person who holds a security clearance.","sortOrder":62},{"sectionNumber":"pt.4-div.2","sectionType":"division","heading":"Possession of explosives","content":"## Possession of explosives","sortOrder":63},{"sectionNumber":"sec.34","sectionType":"section","heading":"Authority required to possess explosives","content":"### sec.34 Authority required to possess explosives\n\nA person must not possess an explosive unless the person holds an authority that authorises the person to possess the explosive.\nMaximum penalty—400 penalty units or 6 months imprisonment.\nSubsection (1) does not apply to the possession of an explosive prescribed under a regulation for this section.\n(sec.34-ssec.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.\n(sec.34-ssec.2) Subsection (1) does not apply to the possession of an explosive prescribed under a regulation for this section.","sortOrder":64},{"sectionNumber":"pt.4-div.3","sectionType":"division","heading":"Moving explosives into and out of the State","content":"## Moving explosives into and out of the State","sortOrder":65},{"sectionNumber":"sec.35","sectionType":"section","heading":"Application of div 3","content":"### sec.35 Application of div 3\n\nThis division applies to—\nan explosive that may lawfully be exported from Australia (an export explosive ); and\nan explosive that may lawfully be imported into Australia (an import explosive ).\n- (a) an explosive that may lawfully be exported from Australia (an export explosive ); and\n- (b) an explosive that may lawfully be imported into Australia (an import explosive ).","sortOrder":66},{"sectionNumber":"sec.36","sectionType":"section","heading":"Bringing or sending certain explosives into and out of the State","content":"### sec.36 Bringing or sending certain explosives into and out of the State\n\nA 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.\nMaximum penalty—400 penalty units or 6 months imprisonment.","sortOrder":67},{"sectionNumber":"sec.37","sectionType":"section","heading":"Notice to chief inspector","content":"### sec.37 Notice to chief inspector\n\nThis section applies if an authority holder intends to—\nbring an import explosive into the State from another country; or\nsend an export explosive to another country.\nThe 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—\nthe holder’s intention; and\nif 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\nif the holder intends to send an export explosive to another country—the expected departure date and departure time for the export explosive.\nMaximum penalty—20 penalty units.\nFor subsection (2) , the notice must be given to the chief inspector—\nfor an import explosive—at least 7 days before the expected arrival date for the import explosive; or\nfor an export explosive—at least 7 days before the expected departure date for the export explosive.\nHowever, 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—\nas soon as practicable after the holder becomes aware of the expected arrival date or expected departure date; and\nnot later than the day before the arrival date or departure date.\nIf 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—\nas soon as practicable after the holder becomes aware of the change; and\nnot later than the day before the arrival date or departure date.\nMaximum penalty—20 penalty units.\nSubsections (2) and (5) do not apply if the holder has a reasonable excuse.\nIn this section—\narrival date , for an import explosive, means the day the import explosive will arrive at an airport or port in the State.\narrival time , for an import explosive, means the time at which the import explosive will arrive at an airport or port in the State.\ndeparture date , for an export explosive, means the day the export explosive will be sent from an airport or port in the State.\ndeparture time , for an export explosive, means the time at which the export explosive will be sent from an airport or port in the State.\ns 37 sub 2024 No. 34 s 110\n(sec.37-ssec.1) This section applies if an authority holder intends to— bring an import explosive into the State from another country; or send an export explosive to another country.\n(sec.37-ssec.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— the holder’s intention; and 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 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.\n(sec.37-ssec.3) For subsection (2) , the notice must be given to the chief inspector— for an import explosive—at least 7 days before the expected arrival date for the import explosive; or for an export explosive—at least 7 days before the expected departure date for the export explosive.\n(sec.37-ssec.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— as soon as practicable after the holder becomes aware of the expected arrival date or expected departure date; and not later than the day before the arrival date or departure date.\n(sec.37-ssec.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— as soon as practicable after the holder becomes aware of the change; and not later than the day before the arrival date or departure date. Maximum penalty—20 penalty units.\n(sec.37-ssec.6) Subsections (2) and (5) do not apply if the holder has a reasonable excuse.\n(sec.37-ssec.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.\n- (a) bring an import explosive into the State from another country; or\n- (b) send an export explosive to another country.\n- (a) the holder’s intention; and\n- (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\n- (c) if the holder intends to send an export explosive to another country—the expected departure date and departure time for the export explosive.\n- (a) for an import explosive—at least 7 days before the expected arrival date for the import explosive; or\n- (b) for an export explosive—at least 7 days before the expected departure date for the export explosive.\n- (a) as soon as practicable after the holder becomes aware of the expected arrival date or expected departure date; and\n- (b) not later than the day before the arrival date or departure date.\n- (a) as soon as practicable after the holder becomes aware of the change; and\n- (b) not later than the day before the arrival date or departure date.","sortOrder":68},{"sectionNumber":"pt.4-div.4","sectionType":"division","heading":"Manufacturing explosives","content":"## Manufacturing explosives","sortOrder":69},{"sectionNumber":"sec.38","sectionType":"section","heading":"Explosive to be manufactured under authority","content":"### sec.38 Explosive to be manufactured under authority\n\nA person must not manufacture an explosive unless the person holds an authority that authorises the person to manufacture the explosive.\nMaximum penalty—400 penalty units or 6 months imprisonment.\nSubsection (1) does not prevent a person—\nmanufacturing an explosive if—\nthe explosive is not more than the amount prescribed by regulation or, if an amount is not prescribed, 50g; and\nthe 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\nthe explosive is for use in a chemical experiment by the person; or\nreconditioning an explosive at a government magazine or under an inspector’s supervision; or\nif 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.\nAlso, 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.\nIn 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.\nIn this section—\ncompetent adult means an adult with sufficient knowledge and experience to identify hazards and risks associated with manufacturing and using explosives.\ns 38 amd 2019 No. 7 s 49\n(sec.38-ssec.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.\n(sec.38-ssec.2) Subsection (1) does not prevent a person— manufacturing an explosive if— the explosive is not more than the amount prescribed by regulation or, if an amount is not prescribed, 50g; and 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 the explosive is for use in a chemical experiment by the person; or reconditioning an explosive at a government magazine or under an inspector’s supervision; or 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.\n(sec.38-ssec.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.\n(sec.38-ssec.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.\n(sec.38-ssec.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.\n- (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\n- (i) the explosive is not more than the amount prescribed by regulation or, if an amount is not prescribed, 50g; and\n- (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\n- (iii) the explosive is for use in a chemical experiment by the person; or\n- (b) reconditioning an explosive at a government magazine or under an inspector’s supervision; or\n- (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.\n- (i) the explosive is not more than the amount prescribed by regulation or, if an amount is not prescribed, 50g; and\n- (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\n- (iii) the explosive is for use in a chemical experiment by the person; or","sortOrder":70},{"sectionNumber":"sec.39","sectionType":"section","heading":"Offences relating to entry of factories","content":"### sec.39 Offences relating to entry of factories\n\nA person must not unlawfully enter an explosives factory.\nMaximum penalty—100 penalty units.\nA person in physical possession of a firearm must not enter an explosives factory.\nMaximum penalty—200 penalty units.\nSubsection (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.\nAn 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.\n(sec.39-ssec.1) A person must not unlawfully enter an explosives factory. Maximum penalty—100 penalty units.\n(sec.39-ssec.2) A person in physical possession of a firearm must not enter an explosives factory. Maximum penalty—200 penalty units.\n(sec.39-ssec.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.\n(sec.39-ssec.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.","sortOrder":71},{"sectionNumber":"sec.40","sectionType":"section","heading":"Safety and security at factories","content":"### sec.40 Safety and security at factories\n\nEach 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.\nMaximum penalty—200 penalty units.\nThe 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.\nMaximum penalty—20 penalty units.\ns 40 amd 2019 No. 7 s 50\n(sec.40-ssec.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.\n(sec.40-ssec.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.","sortOrder":72},{"sectionNumber":"pt.4-div.5","sectionType":"division","heading":"Selling explosives","content":"## Selling explosives","sortOrder":73},{"sectionNumber":"sec.41","sectionType":"section","heading":"Authority needed to sell explosives","content":"### sec.41 Authority needed to sell explosives\n\nA person must not sell an explosive unless the person holds an authority that authorises the person to sell the explosive.\nMaximum penalty—200 penalty units or 3 months imprisonment.","sortOrder":74},{"sectionNumber":"sec.42","sectionType":"section","heading":"Unauthorised sales of explosives","content":"### sec.42 Unauthorised sales of explosives\n\nA person must not sell an explosive to someone other than a person—\nauthorised to sell the explosive; or\nauthorised to store the explosive; or\nauthorised to use the explosive; or\notherwise authorised under a regulation.\nMaximum penalty—200 penalty units or 3 months imprisonment.\n- (a) authorised to sell the explosive; or\n- (b) authorised to store the explosive; or\n- (c) authorised to use the explosive; or\n- (d) otherwise authorised under a regulation.","sortOrder":75},{"sectionNumber":"sec.43","sectionType":"section","heading":"Selling explosives in public places prohibited","content":"### sec.43 Selling explosives in public places prohibited\n\nA person in possession of an explosive in a public place must not sell the explosive in the public place.\nMaximum penalty—100 penalty units.\ns 43 sub 2007 No. 46 s 48","sortOrder":76},{"sectionNumber":"sec.43A","sectionType":"section","heading":"Requirement to check licence or authority for sale of small arms ammunition","content":"### sec.43A Requirement to check licence or authority for sale of small arms ammunition\n\nThis section applies to a person who sells an explosive that is small arms ammunition (a seller ) to another person (a buyer ) if the buyer holds—\na license under the Weapons Act 1990 that authorises the buyer to possess and use a firearm; or\nan interstate firearms authority that is taken, under the Weapons Act 1990 , section 32 (2) , to authorise the buyer to possess and use a firearm; or\nan authority under this Act that authorises the buyer to sell, store or use small arms ammunition.\nThe seller must not sell the small arms ammunition to the buyer unless—\nthe seller has seen the buyer’s licence or authority; and\nif a verification system is prescribed by regulation for the licence or authority—\nif the verification system is available for use by the seller—the seller has verified the validity of the licence or authority using the verification system; or\nif the verification system is not available for use by the seller—the seller has recorded the information required under subsection (3) .\nMaximum penalty—140 penalty units.\nFor subsection (2) (b) (ii) , the following information must be recorded for each transaction for the sale of the small arms ammunition to a buyer—\nthe date and time of the transaction;\nthe type and quantity of the ammunition;\nthe name and address of the buyer;\nthe buyer’s licence number or authority number;\nthe expiry date of the buyer’s licence or authority;\nif the licence or authority is an interstate firearms authority—the state that issued the interstate firearms authority;\nif the verification system is not available for use by the seller in the circumstances mentioned in subsection (3B) (b) —\nthe reason the seller is unable to access the internet, if known; and\nthe seller’s internet service provider.\nIf a seller sells small arms ammunition to a buyer when a verification system prescribed under subsection (2) (b) is not available for use by the seller, the seller must—\nas soon as practicable after the system becomes available for use by the seller, verify the validity of the licence or authority using the verification system; and\nif the verification system indicates the buyer’s licence or authority is not valid—immediately report the transaction to police.\nMaximum penalty—140 penalty units.\nFor this section, a verification system is not available for use by a seller if—\nthe system is not operational; or\nthe seller is unable to access the internet because of an event out of the seller’s control.\na power outage that causes the seller’s internet to be inaccessible\nIn this section—\nfirearm see the Weapons Act 1990 , schedule 2 , definition firearm , paragraphs 1 and 2.\ninterstate firearms authority means a licence, permit or authority mentioned in the Weapons Act 1990 , section 32 (1) .\nverification system means an electronic system for verifying the validity of a licence or authority mentioned in subsection (1) .\ns 43A ins 2024 No. 45 s 42\n(sec.43A-ssec.1) This section applies to a person who sells an explosive that is small arms ammunition (a seller ) to another person (a buyer ) if the buyer holds— a license under the Weapons Act 1990 that authorises the buyer to possess and use a firearm; or an interstate firearms authority that is taken, under the Weapons Act 1990 , section 32 (2) , to authorise the buyer to possess and use a firearm; or an authority under this Act that authorises the buyer to sell, store or use small arms ammunition.\n(sec.43A-ssec.2) The seller must not sell the small arms ammunition to the buyer unless— the seller has seen the buyer’s licence or authority; and if a verification system is prescribed by regulation for the licence or authority— if the verification system is available for use by the seller—the seller has verified the validity of the licence or authority using the verification system; or if the verification system is not available for use by the seller—the seller has recorded the information required under subsection (3) . Maximum penalty—140 penalty units.\n(sec.43A-ssec.3) For subsection (2) (b) (ii) , the following information must be recorded for each transaction for the sale of the small arms ammunition to a buyer— the date and time of the transaction; the type and quantity of the ammunition; the name and address of the buyer; the buyer’s licence number or authority number; the expiry date of the buyer’s licence or authority; if the licence or authority is an interstate firearms authority—the state that issued the interstate firearms authority; if the verification system is not available for use by the seller in the circumstances mentioned in subsection (3B) (b) — the reason the seller is unable to access the internet, if known; and the seller’s internet service provider.\n(sec.43A-ssec.3A) If a seller sells small arms ammunition to a buyer when a verification system prescribed under subsection (2) (b) is not available for use by the seller, the seller must— as soon as practicable after the system becomes available for use by the seller, verify the validity of the licence or authority using the verification system; and if the verification system indicates the buyer’s licence or authority is not valid—immediately report the transaction to police. Maximum penalty—140 penalty units.\n(sec.43A-ssec.3B) For this section, a verification system is not available for use by a seller if— the system is not operational; or the seller is unable to access the internet because of an event out of the seller’s control. a power outage that causes the seller’s internet to be inaccessible\n(sec.43A-ssec.4) In this section— firearm see the Weapons Act 1990 , schedule 2 , definition firearm , paragraphs 1 and 2. interstate firearms authority means a licence, permit or authority mentioned in the Weapons Act 1990 , section 32 (1) . verification system means an electronic system for verifying the validity of a licence or authority mentioned in subsection (1) .\n- (a) a license under the Weapons Act 1990 that authorises the buyer to possess and use a firearm; or\n- (b) an interstate firearms authority that is taken, under the Weapons Act 1990 , section 32 (2) , to authorise the buyer to possess and use a firearm; or\n- (c) an authority under this Act that authorises the buyer to sell, store or use small arms ammunition.\n- (a) the seller has seen the buyer’s licence or authority; and\n- (b) if a verification system is prescribed by regulation for the licence or authority— (i) if the verification system is available for use by the seller—the seller has verified the validity of the licence or authority using the verification system; or (ii) if the verification system is not available for use by the seller—the seller has recorded the information required under subsection (3) .\n- (i) if the verification system is available for use by the seller—the seller has verified the validity of the licence or authority using the verification system; or\n- (ii) if the verification system is not available for use by the seller—the seller has recorded the information required under subsection (3) .\n- (i) if the verification system is available for use by the seller—the seller has verified the validity of the licence or authority using the verification system; or\n- (ii) if the verification system is not available for use by the seller—the seller has recorded the information required under subsection (3) .\n- (a) the date and time of the transaction;\n- (b) the type and quantity of the ammunition;\n- (c) the name and address of the buyer;\n- (d) the buyer’s licence number or authority number;\n- (e) the expiry date of the buyer’s licence or authority;\n- (f) if the licence or authority is an interstate firearms authority—the state that issued the interstate firearms authority;\n- (g) if the verification system is not available for use by the seller in the circumstances mentioned in subsection (3B) (b) — (i) the reason the seller is unable to access the internet, if known; and (ii) the seller’s internet service provider.\n- (i) the reason the seller is unable to access the internet, if known; and\n- (ii) the seller’s internet service provider.\n- (i) the reason the seller is unable to access the internet, if known; and\n- (ii) the seller’s internet service provider.\n- (a) as soon as practicable after the system becomes available for use by the seller, verify the validity of the licence or authority using the verification system; and\n- (b) if the verification system indicates the buyer’s licence or authority is not valid—immediately report the transaction to police.\n- (a) the system is not operational; or\n- (b) the seller is unable to access the internet because of an event out of the seller’s control. Example for paragraph (b) — a power outage that causes the seller’s internet to be inaccessible","sortOrder":77},{"sectionNumber":"pt.4-div.6","sectionType":"division","heading":"Storing explosives","content":"## Storing explosives","sortOrder":78},{"sectionNumber":"sec.44","sectionType":"section","heading":"Authority needed to store explosives","content":"### sec.44 Authority needed to store explosives\n\nA person must not store an explosive unless the person holds an authority to store the explosive.\nMaximum penalty—200 penalty units or 3 months imprisonment.","sortOrder":79},{"sectionNumber":"sec.45","sectionType":"section","heading":"Where explosives may be stored","content":"### sec.45 Where explosives may be stored\n\nA person must not store an explosive at a place other than—\nwhere it is lawfully manufactured; or\na magazine where the person may lawfully store it under this Act; or\na place approved by the chief inspector, by signed instrument, as suitable for storing the explosive under stated conditions.\nMaximum penalty—400 penalty units or 6 months imprisonment.\nSubsection (1) does not apply to an explosive stored for a purpose prescribed under a regulation or by an inspector for testing.\n(sec.45-ssec.1) A person must not store an explosive at a place other than— where it is lawfully manufactured; or a magazine where the person may lawfully store it under this Act; or 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.\n(sec.45-ssec.2) Subsection (1) does not apply to an explosive stored for a purpose prescribed under a regulation or by an inspector for testing.\n- (a) where it is lawfully manufactured; or\n- (b) a magazine where the person may lawfully store it under this Act; or\n- (c) a place approved by the chief inspector, by signed instrument, as suitable for storing the explosive under stated conditions.","sortOrder":80},{"sectionNumber":"sec.46","sectionType":"section","heading":"Government magazines","content":"### sec.46 Government magazines\n\nThe Minister may, by gazette notice, declare a place to be a government magazine.\nThe chief inspector is the person in charge of a government magazine.\n(sec.46-ssec.1) The Minister may, by gazette notice, declare a place to be a government magazine.\n(sec.46-ssec.2) The chief inspector is the person in charge of a government magazine.","sortOrder":81},{"sectionNumber":"sec.47","sectionType":"section","heading":"Offences relating to entry of magazines","content":"### sec.47 Offences relating to entry of magazines\n\nA person must not unlawfully enter a magazine.\nMaximum penalty—100 penalty units.\nA person in physical possession of a firearm must not enter a magazine.\nMaximum penalty—200 penalty units.\nSubsection (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.\nAn 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.\n(sec.47-ssec.1) A person must not unlawfully enter a magazine. Maximum penalty—100 penalty units.\n(sec.47-ssec.2) A person in physical possession of a firearm must not enter a magazine. Maximum penalty—200 penalty units.\n(sec.47-ssec.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.\n(sec.47-ssec.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.","sortOrder":82},{"sectionNumber":"sec.48","sectionType":"section","heading":"Safety and security at magazines","content":"### sec.48 Safety and security at magazines\n\nEach 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.\nMaximum penalty—200 penalty units.\nThe 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.\nMaximum penalty—20 penalty units.\ns 48 amd 2019 No. 7 s 52\n(sec.48-ssec.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.\n(sec.48-ssec.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.","sortOrder":83},{"sectionNumber":"sec.49","sectionType":"section","heading":"Person storing explosives must take precautions","content":"### sec.49 Person storing explosives must take precautions\n\nA person storing an explosive must take reasonable precautions—\nto prevent an explosives incident; and\nto minimise the likely effects of an explosives incident.\nMaximum penalty—200 penalty units.\n- (a) to prevent an explosives incident; and\n- (b) to minimise the likely effects of an explosives incident.","sortOrder":84},{"sectionNumber":"pt.4-div.7","sectionType":"division","heading":"Transporting explosives","content":"## Transporting explosives","sortOrder":85},{"sectionNumber":"sec.50","sectionType":"section","heading":"Transporting explosives","content":"### sec.50 Transporting explosives\n\nA 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.\nMaximum penalty—200 penalty units.\nHowever, subsection (1) does not apply to a person transporting an explosive—\nif—\nthe amount of the explosive is not more than the amount prescribed by regulation; and\nthe person complies with the conditions prescribed by regulation for transporting the explosive; or\nin the circumstances prescribed by regulation.\nA person who is authorised to transport an explosive must ensure—\nit is transported in the way required under this Act; and\nit is delivered—\nto a place where it may lawfully be stored or used; and\nto someone who may lawfully possess it.\nMaximum penalty—200 penalty units.\nA 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—\nthe 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\nthe improper refusal of the consignee or someone else to accept delivery of the explosive.\nThe person mentioned in subsection (4) (a) or (b) who prevented compliance with this section is instead taken to have committed the offence.\nIn this section—\ncorresponding law means a law of another State dealing with the transport of explosives.\ns 50 amd 2019 No. 7 s 53\n(sec.50-ssec.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.\n(sec.50-ssec.2) However, subsection (1) does not apply to a person transporting an explosive— if— the amount of the explosive is not more than the amount prescribed by regulation; and the person complies with the conditions prescribed by regulation for transporting the explosive; or in the circumstances prescribed by regulation.\n(sec.50-ssec.3) A person who is authorised to transport an explosive must ensure— it is transported in the way required under this Act; and it is delivered— to a place where it may lawfully be stored or used; and to someone who may lawfully possess it. Maximum penalty—200 penalty units.\n(sec.50-ssec.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— 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 the improper refusal of the consignee or someone else to accept delivery of the explosive.\n(sec.50-ssec.5) The person mentioned in subsection (4) (a) or (b) who prevented compliance with this section is instead taken to have committed the offence.\n(sec.50-ssec.6) In this section— corresponding law means a law of another State dealing with the transport of explosives.\n- (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\n- (i) the amount of the explosive is not more than the amount prescribed by regulation; and\n- (ii) the person complies with the conditions prescribed by regulation for transporting the explosive; or\n- (b) in the circumstances prescribed by regulation.\n- (i) the amount of the explosive is not more than the amount prescribed by regulation; and\n- (ii) the person complies with the conditions prescribed by regulation for transporting the explosive; or\n- (a) it is transported in the way required under this Act; and\n- (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.\n- (i) to a place where it may lawfully be stored or used; and\n- (ii) to someone who may lawfully possess it.\n- (i) to a place where it may lawfully be stored or used; and\n- (ii) to someone who may lawfully possess it.\n- (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\n- (b) the improper refusal of the consignee or someone else to accept delivery of the explosive.","sortOrder":86},{"sectionNumber":"sec.51","sectionType":"section","heading":"Explosives too dangerous to transport","content":"### sec.51 Explosives too dangerous to transport\n\nA person must not transport an explosive declared under a regulation to be too dangerous to transport.\nMaximum penalty—400 penalty units or 6 months imprisonment.","sortOrder":87},{"sectionNumber":"sec.51A","sectionType":"section","heading":"Regulation may be made about particular matters","content":"### sec.51A Regulation may be made about particular matters\n\nA regulation may—\nmake provision about the recognition of laws of other jurisdictions about transporting explosives, things done under those laws and giving effect to those things; or\nprovide that the chief inspector may make a decision (a determination ) under the regulation about the safe and secure transport of an explosive.\nWithout limiting subsection (1) (b) , the regulation may prescribe—\nthe process for making a determination, including the process for making and deciding an application for an administrative determination; or\nthe effect a determination has on a provision of the regulation about the transport of explosives; or\nthe process for amending, suspending or cancelling an administrative determination; or\nthe information about a determination that must be kept publicly available.\nIn this section—\nadministrative determination means a determination made on the application of a person that applies to—\nthe person; or\nthe person and other persons named in the application.\ns 51A ins 2019 No. 7 s 54\n(sec.51A-ssec.1) A regulation may— 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 provide that the chief inspector may make a decision (a determination ) under the regulation about the safe and secure transport of an explosive.\n(sec.51A-ssec.2) Without limiting subsection (1) (b) , the regulation may prescribe— the process for making a determination, including the process for making and deciding an application for an administrative determination; or the effect a determination has on a provision of the regulation about the transport of explosives; or the process for amending, suspending or cancelling an administrative determination; or the information about a determination that must be kept publicly available.\n(sec.51A-ssec.3) In this section— administrative determination means a determination made on the application of a person that applies to— the person; or the person and other persons named in the application.\n- (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\n- (b) provide that the chief inspector may make a decision (a determination ) under the regulation about the safe and secure transport of an explosive.\n- (a) the process for making a determination, including the process for making and deciding an application for an administrative determination; or\n- (b) the effect a determination has on a provision of the regulation about the transport of explosives; or\n- (c) the process for amending, suspending or cancelling an administrative determination; or\n- (d) the information about a determination that must be kept publicly available.\n- (a) the person; or\n- (b) the person and other persons named in the application.","sortOrder":88},{"sectionNumber":"sec.52","sectionType":"section","heading":"When div 7 does not apply","content":"### sec.52 When div 7 does not apply\n\nIf 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.","sortOrder":89},{"sectionNumber":"pt.4-div.8","sectionType":"division","heading":"Using explosives","content":"## Using explosives","sortOrder":90},{"sectionNumber":"sec.53","sectionType":"section","heading":"Authority needed to use explosives","content":"### sec.53 Authority needed to use explosives\n\nA person must not use an explosive unless the person holds an authority to use the explosive.\nMaximum penalty—200 penalty units.\nSubsection (1) does not apply to an explosive prescribed under a regulation for this section.\n(sec.53-ssec.1) A person must not use an explosive unless the person holds an authority to use the explosive. Maximum penalty—200 penalty units.\n(sec.53-ssec.2) Subsection (1) does not apply to an explosive prescribed under a regulation for this section.","sortOrder":91},{"sectionNumber":"sec.54","sectionType":"section","heading":"Using explosives under conditions endangering life etc.","content":"### sec.54 Using explosives under conditions endangering life etc.\n\nA person must not prepare an explosive for use, or use an explosive, other than in the way prescribed under a regulation.\nMaximum penalty—200 penalty units.\nA person must not use an explosive if exploding it may reasonably be expected to endanger any person’s safety, health or property.\nMaximum penalty—200 penalty units.\n(sec.54-ssec.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.\n(sec.54-ssec.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.","sortOrder":92},{"sectionNumber":"pt.4A","sectionType":"part","heading":"Industrial manslaughter","content":"# Industrial manslaughter","sortOrder":93},{"sectionNumber":"sec.54A","sectionType":"section","heading":"Definitions for part","content":"### sec.54A Definitions for part\n\nIn this part—\nconduct means an act or omission to perform an act.\nemployee ...\ns 54A def employee om 2024 No. 34 s 111 (1)\nemployer , for an act involving explosives, means—\na person who employs or otherwise engages an individual to do the act involving explosives; or\na person who arranges for an individual to do the act involving explosives; or\nthe holder of an authority relating to the act involving explosives.\ns 54A def employer sub 2024 No. 34 s 111\nsenior officer , of an employer, means—\nif the employer is a corporation—an executive officer of the corporation; or\notherwise—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.\nFor this part, a person’s conduct causes death if it substantially contributes to the death.\ns 54A ins 2020 No. 14 s 30\n(sec.54A-ssec.1) In this part— conduct means an act or omission to perform an act. employee ... s 54A def employee om 2024 No. 34 s 111 (1) employer , for an act involving explosives, means— a person who employs or otherwise engages an individual to do the act involving explosives; or a person who arranges for an individual to do the act involving explosives; or the holder of an authority relating to the act involving explosives. s 54A def employer sub 2024 No. 34 s 111 senior officer , of an employer, means— if the employer is a corporation—an executive officer of the corporation; or 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.\n(sec.54A-ssec.2) For this part, a person’s conduct causes death if it substantially contributes to the death.\n- (a) a person who employs or otherwise engages an individual to do the act involving explosives; or\n- (b) a person who arranges for an individual to do the act involving explosives; or\n- (c) the holder of an authority relating to the act involving explosives.\n- (a) if the employer is a corporation—an executive officer of the corporation; or\n- (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.","sortOrder":94},{"sectionNumber":"sec.54B","sectionType":"section","heading":"Exception for the Criminal Code , s 23","content":"### sec.54B Exception for the Criminal Code , s 23\n\nThe Criminal Code , section 23 does not apply in relation to an offence against this part.\ns 54B ins 2020 No. 14 s 30","sortOrder":95},{"sectionNumber":"sec.54C","sectionType":"section","heading":"Industrial manslaughter—employer","content":"### sec.54C Industrial manslaughter—employer\n\nAn employer for an act involving explosives commits an offence if—\nan individual who does the act involving explosives—\ndies in the course of doing the act involving explosives; or\nis injured in the course of doing the act involving explosives and later dies; and\nthe employer’s conduct causes the death of the individual; and\nthe employer is negligent about causing the death of the individual by the conduct.\nMaximum penalty—\nfor an individual—20 years imprisonment; or\nfor a body corporate—100,000 penalty units.\nSee section 119 in relation to imputing to a body corporate particular conduct of executive officers, employees or agents of the body corporate.\nAn offence against subsection (1) is a crime.\ns 54C ins 2020 No. 14 s 30\nsub 2024 No. 34 s 112\n(sec.54C-ssec.1) An employer for an act involving explosives commits an offence if— an individual who does the act involving explosives— dies in the course of doing the act involving explosives; or is injured in the course of doing the act involving explosives and later dies; and the employer’s conduct causes the death of the individual; and the employer is negligent about causing the death of the individual by the conduct. Maximum penalty— for an individual—20 years imprisonment; or for a body corporate—100,000 penalty units. See section 119 in relation to imputing to a body corporate particular conduct of executive officers, employees or agents of the body corporate.\n(sec.54C-ssec.2) An offence against subsection (1) is a crime.\n- (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\n- (i) dies in the course of doing the act involving explosives; or\n- (ii) is injured in the course of doing the act involving explosives and later dies; and\n- (b) the employer’s conduct causes the death of the individual; and\n- (c) the employer is negligent about causing the death of the individual by the conduct.\n- (i) dies in the course of doing the act involving explosives; or\n- (ii) is injured in the course of doing the act involving explosives and later dies; and\n- (a) for an individual—20 years imprisonment; or\n- (b) for a body corporate—100,000 penalty units.","sortOrder":96},{"sectionNumber":"sec.54D","sectionType":"section","heading":"Industrial manslaughter—senior officer","content":"### sec.54D Industrial manslaughter—senior officer\n\nA senior officer of an employer for an act involving explosives commits an offence if—\nan individual who does the act involving explosives—\ndies in the course of doing the act involving explosives; or\nis injured in the course of doing the act involving explosives and later dies; and\nthe senior officer’s conduct causes the death of the individual; and\nthe senior officer is negligent about causing the death of the individual by the conduct.\nMaximum penalty—20 years imprisonment.\nAn offence against subsection (1) is a crime.\ns 54D ins 2020 No. 14 s 30\nsub 2024 No. 34 s 112\n(sec.54D-ssec.1) A senior officer of an employer for an act involving explosives commits an offence if— an individual who does the act involving explosives— dies in the course of doing the act involving explosives; or is injured in the course of doing the act involving explosives and later dies; and the senior officer’s conduct causes the death of the individual; and the senior officer is negligent about causing the death of the individual by the conduct. Maximum penalty—20 years imprisonment.\n(sec.54D-ssec.2) An offence against subsection (1) is a crime.\n- (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\n- (i) dies in the course of doing the act involving explosives; or\n- (ii) is injured in the course of doing the act involving explosives and later dies; and\n- (b) the senior officer’s conduct causes the death of the individual; and\n- (c) the senior officer is negligent about causing the death of the individual by the conduct.\n- (i) dies in the course of doing the act involving explosives; or\n- (ii) is injured in the course of doing the act involving explosives and later dies; and","sortOrder":97},{"sectionNumber":"pt.5","sectionType":"part","heading":"Investigations and inquiries into explosives incidents","content":"# Investigations and inquiries into explosives incidents","sortOrder":98},{"sectionNumber":"pt.5-div.1","sectionType":"division","heading":"Investigations into explosives incidents","content":"## Investigations into explosives incidents","sortOrder":99},{"sectionNumber":"sec.55","sectionType":"section","heading":"Meaning of relevant person","content":"### sec.55 Meaning of relevant person\n\nA relevant person , for explosives involved in an explosives incident, means—\nif 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\notherwise—the holder of the authority for the explosives.\ns 55 sub 2019 No. 7 s 55\n- (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\n- (b) otherwise—the holder of the authority for the explosives.","sortOrder":100},{"sectionNumber":"sec.56","sectionType":"section","heading":"Notice of explosives incidents","content":"### sec.56 Notice of explosives incidents\n\nThe 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.\nMaximum penalty—170 penalty units.\nIt 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.\nThe required information is not admissible in evidence against the relevant person for explosives involved in an explosives incident in any criminal proceeding.\nSubsection (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.\nIn this section—\nrequired information means the information required to be included in the approved form mentioned in subsection (1) .\ns 56 sub 2019 No. 7 s 55 ; 2024 No. 34 s 113\n(sec.56-ssec.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.\n(sec.56-ssec.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.\n(sec.56-ssec.3) The required information is not admissible in evidence against the relevant person for explosives involved in an explosives incident in any criminal proceeding.\n(sec.56-ssec.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.\n(sec.56-ssec.5) In this section— required information means the information required to be included in the approved form mentioned in subsection (1) .","sortOrder":101},{"sectionNumber":"sec.56A","sectionType":"section","heading":"Isolation of site of explosives incidents","content":"### sec.56A Isolation of site of explosives incidents\n\nThis section applies if an inspector reasonably believes it is necessary to preserve evidence after an explosives incident happens.\nThe inspector may isolate the site of the explosives incident to prevent interference with the site.\nAlso, the inspector may, by written notice given to the relevant person for the explosives or orally, require the relevant person to do the following—\nmark the boundaries of the site by signs or other means in a way that—\nidentifies the site as the site of an explosives incident; and\nprohibits entry to the site;\nremain at the site for a reasonable stated time.\nIf 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.\nThe relevant person must comply with the requirement.\nMaximum penalty for subsection (5) —200 penalty units.\ns 56A ins 2019 No. 7 s 55\n(sec.56A-ssec.1) This section applies if an inspector reasonably believes it is necessary to preserve evidence after an explosives incident happens.\n(sec.56A-ssec.2) The inspector may isolate the site of the explosives incident to prevent interference with the site.\n(sec.56A-ssec.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— mark the boundaries of the site by signs or other means in a way that— identifies the site as the site of an explosives incident; and prohibits entry to the site; remain at the site for a reasonable stated time.\n(sec.56A-ssec.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.\n(sec.56A-ssec.5) The relevant person must comply with the requirement. Maximum penalty for subsection (5) —200 penalty units.\n- (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;\n- (i) identifies the site as the site of an explosives incident; and\n- (ii) prohibits entry to the site;\n- (b) remain at the site for a reasonable stated time.\n- (i) identifies the site as the site of an explosives incident; and\n- (ii) prohibits entry to the site;","sortOrder":102},{"sectionNumber":"sec.57","sectionType":"section","heading":"Site not to be interfered with without inspector’s permission","content":"### sec.57 Site not to be interfered with without inspector’s permission\n\nA person must not interfere with the site of an explosives incident without the permission of an inspector.\nMaximum penalty—200 penalty units.\nPermission under subsection (1) must not be unreasonably withheld.\nFor this division, action taken to save life or prevent further injury at a place is not interference with the site.\n(sec.57-ssec.1) A person must not interfere with the site of an explosives incident without the permission of an inspector. Maximum penalty—200 penalty units.\n(sec.57-ssec.2) Permission under subsection (1) must not be unreasonably withheld.\n(sec.57-ssec.3) For this division, action taken to save life or prevent further injury at a place is not interference with the site.","sortOrder":103},{"sectionNumber":"sec.58","sectionType":"section","heading":"Investigation by chief inspector or authority holder","content":"### sec.58 Investigation by chief inspector or authority holder\n\nThe chief inspector may—\ninvestigate an explosives incident; or\ngive the authority holder whose explosives were involved in the explosives incident a written notice requiring the holder—\nto carry out an investigation to decide the causes of the incident; and\nto prepare a report about the incident that includes recommendations to prevent the incident happening again; and\nto give the report to the chief inspector.\nAfter receiving a report under subsection (1) (b) (iii) , the chief inspector may, by written notice given to the authority holder, require the authority holder to—\ncarry out further investigations; or\ngive the chief inspector further information about the explosives incident.\nA notice given under subsection (1) (b) or (2) must include or be accompanied by an information notice for the decision to give the notice.\nThe authority holder must comply with a notice given under subsection (1) (b) or (2) within the reasonable time stated in the notice.\nMaximum penalty—100 penalty units.\nThe authority holder must ensure that the site of the incident is not interfered with until—\nall relevant details about the incident have been recorded and, if possible, photographed; and\nsufficient measurements have been taken to allow the development of an accurate plan of the site; and\na list of witnesses to the incident has been compiled.\nMaximum penalty for subsection (5) —100 penalty units.\ns 58 amd 2009 No. 24 s 489 ; 2019 No. 7 s 56\n(sec.58-ssec.1) The chief inspector may— investigate an explosives incident; or give the authority holder whose explosives were involved in the explosives incident a written notice requiring the holder— to carry out an investigation to decide the causes of the incident; and to prepare a report about the incident that includes recommendations to prevent the incident happening again; and to give the report to the chief inspector.\n(sec.58-ssec.2) After receiving a report under subsection (1) (b) (iii) , the chief inspector may, by written notice given to the authority holder, require the authority holder to— carry out further investigations; or give the chief inspector further information about the explosives incident.\n(sec.58-ssec.3) A notice given under subsection (1) (b) or (2) must include or be accompanied by an information notice for the decision to give the notice.\n(sec.58-ssec.4) The authority holder must comply with a notice given under subsection (1) (b) or (2) within the reasonable time stated in the notice. Maximum penalty—100 penalty units.\n(sec.58-ssec.5) The authority holder must ensure that the site of the incident is not interfered with until— all relevant details about the incident have been recorded and, if possible, photographed; and sufficient measurements have been taken to allow the development of an accurate plan of the site; and a list of witnesses to the incident has been compiled. Maximum penalty for subsection (5) —100 penalty units.\n- (a) investigate an explosives incident; or\n- (b) give the authority holder whose explosives were involved in the explosives incident a written notice requiring the holder— (i) to carry out an investigation to decide the causes of the incident; and (ii) to prepare a report about the incident that includes recommendations to prevent the incident happening again; and (iii) to give the report to the chief inspector.\n- (i) to carry out an investigation to decide the causes of the incident; and\n- (ii) to prepare a report about the incident that includes recommendations to prevent the incident happening again; and\n- (iii) to give the report to the chief inspector.\n- (i) to carry out an investigation to decide the causes of the incident; and\n- (ii) to prepare a report about the incident that includes recommendations to prevent the incident happening again; and\n- (iii) to give the report to the chief inspector.\n- (a) carry out further investigations; or\n- (b) give the chief inspector further information about the explosives incident.\n- (a) all relevant details about the incident have been recorded and, if possible, photographed; and\n- (b) sufficient measurements have been taken to allow the development of an accurate plan of the site; and\n- (c) a list of witnesses to the incident has been compiled.","sortOrder":104},{"sectionNumber":"sec.59","sectionType":"section","heading":"Person must answer question about explosives incident","content":"### sec.59 Person must answer question about explosives incident\n\nThis section applies if an inspector asks a person a question about an explosives incident.\nThe person must answer the question unless the person has a reasonable excuse.\nMaximum penalty for subsection (2) —40 penalty units.\nSee also sections 59A and 59B in relation to self-incrimination.\ns 59 amd 2011 No. 2 s 33 ; 2019 No. 7 s 57\n(sec.59-ssec.1) This section applies if an inspector asks a person a question about an explosives incident.\n(sec.59-ssec.2) The person must answer the question unless the person has a reasonable excuse. Maximum penalty for subsection (2) —40 penalty units. See also sections 59A and 59B in relation to self-incrimination.","sortOrder":105},{"sectionNumber":"sec.59A","sectionType":"section","heading":"Abrogation of privilege against self-incrimination","content":"### sec.59A Abrogation of privilege against self-incrimination\n\nThis section applies if a person is required to answer a question under section 59 .\nThe person is not excused from answering the question on the ground the answer to the question may tend to incriminate the person or expose the person to a penalty.\nHowever, the answer to a question given by an individual, and other evidence directly or indirectly derived from the answer, is not admissible as evidence against the individual in civil or criminal proceedings other than proceedings arising out of the false or misleading nature of the answer.\ns 59A ins 2019 No. 7 s 58\n(sec.59A-ssec.1) This section applies if a person is required to answer a question under section 59 .\n(sec.59A-ssec.2) The person is not excused from answering the question on the ground the answer to the question may tend to incriminate the person or expose the person to a penalty.\n(sec.59A-ssec.3) However, the answer to a question given by an individual, and other evidence directly or indirectly derived from the answer, is not admissible as evidence against the individual in civil or criminal proceedings other than proceedings arising out of the false or misleading nature of the answer.","sortOrder":106},{"sectionNumber":"sec.59B","sectionType":"section","heading":"Warning to be given by inspector","content":"### sec.59B Warning to be given by inspector\n\nBefore requiring a person to answer a question under section 59 , an inspector must—\nwarn the person that failure to answer the question without reasonable excuse would constitute an offence; and\nwarn the person about the effect of section 59A .\nIt is not an offence for an individual to refuse to answer a question put by the inspector on the ground the question might tend to incriminate the individual, unless the individual was first given the warning mentioned in subsection (1) (b) .\nNothing in this section prevents an inspector from obtaining and using evidence given to the inspector voluntarily by a person.\ns 59B ins 2019 No. 7 s 58\n(sec.59B-ssec.1) Before requiring a person to answer a question under section 59 , an inspector must— warn the person that failure to answer the question without reasonable excuse would constitute an offence; and warn the person about the effect of section 59A .\n(sec.59B-ssec.2) It is not an offence for an individual to refuse to answer a question put by the inspector on the ground the question might tend to incriminate the individual, unless the individual was first given the warning mentioned in subsection (1) (b) .\n(sec.59B-ssec.3) Nothing in this section prevents an inspector from obtaining and using evidence given to the inspector voluntarily by a person.\n- (a) warn the person that failure to answer the question without reasonable excuse would constitute an offence; and\n- (b) warn the person about the effect of section 59A .","sortOrder":107},{"sectionNumber":"pt.5-div.2","sectionType":"division","heading":"Inquiries into serious explosives incidents by board of inquiry","content":"## Inquiries into serious explosives incidents by board of inquiry","sortOrder":108},{"sectionNumber":"sec.60","sectionType":"section","heading":"Minister may establish board of inquiry","content":"### sec.60 Minister may establish board of inquiry\n\nThe Minister may, by gazette notice, establish a board of inquiry for a serious explosives incident.\nThe notice, or a subsequent gazette notice, may specify matters relevant to the inquiry including, for example, the chairperson and the terms of reference.\nThe Minister may exercise powers under this section for a serious explosives incident whether or not a board of inquiry, the chief inspector or the holder of an authority has previously inquired into or investigated the incident.\ns 60 amd 2019 No. 7 s 59\n(sec.60-ssec.1) The Minister may, by gazette notice, establish a board of inquiry for a serious explosives incident.\n(sec.60-ssec.2) The notice, or a subsequent gazette notice, may specify matters relevant to the inquiry including, for example, the chairperson and the terms of reference.\n(sec.60-ssec.3) The Minister may exercise powers under this section for a serious explosives incident whether or not a board of inquiry, the chief inspector or the holder of an authority has previously inquired into or investigated the incident.","sortOrder":109},{"sectionNumber":"sec.61","sectionType":"section","heading":"Membership of board of inquiry","content":"### sec.61 Membership of board of inquiry\n\nA board of inquiry is constituted by the following members appointed by the Minister—\na magistrate or an appropriately qualified lawyer;\neither—\nthe chief inspector; or\nan appropriately qualified person who has knowledge of or experience in explosives;\nif, having regard to the nature of the serious explosives incident, the Minister considers it appropriate for the board of inquiry to include persons with special knowledge relevant to the incident—not more than 3 persons with appropriate special knowledge.\nThe member of the board of inquiry appointed under subsection (1) (a) is the chairperson of the board.\nA member of a board of inquiry who is not an inspector is taken, for the inquiry, to have the powers of an inspector.\ns 61 sub 2019 No. 7 s 60\n(sec.61-ssec.1) A board of inquiry is constituted by the following members appointed by the Minister— a magistrate or an appropriately qualified lawyer; either— the chief inspector; or an appropriately qualified person who has knowledge of or experience in explosives; if, having regard to the nature of the serious explosives incident, the Minister considers it appropriate for the board of inquiry to include persons with special knowledge relevant to the incident—not more than 3 persons with appropriate special knowledge.\n(sec.61-ssec.2) The member of the board of inquiry appointed under subsection (1) (a) is the chairperson of the board.\n(sec.61-ssec.3) A member of a board of inquiry who is not an inspector is taken, for the inquiry, to have the powers of an inspector.\n- (a) a magistrate or an appropriately qualified lawyer;\n- (b) either— (i) the chief inspector; or (ii) an appropriately qualified person who has knowledge of or experience in explosives;\n- (i) the chief inspector; or\n- (ii) an appropriately qualified person who has knowledge of or experience in explosives;\n- (c) if, having regard to the nature of the serious explosives incident, the Minister considers it appropriate for the board of inquiry to include persons with special knowledge relevant to the incident—not more than 3 persons with appropriate special knowledge.\n- (i) the chief inspector; or\n- (ii) an appropriately qualified person who has knowledge of or experience in explosives;","sortOrder":110},{"sectionNumber":"sec.62","sectionType":"section","heading":"Role of board of inquiry","content":"### sec.62 Role of board of inquiry\n\nThe board of inquiry must—\ninquire into the circumstances and probable causes of the serious explosives incident; and\ngive the Minister a written report of the board’s findings.\nThe report may contain the recommendations the board considers appropriate and other relevant matters.\nThe Minister must publish the report in the way the Minister considers appropriate.\n(sec.62-ssec.1) The board of inquiry must— inquire into the circumstances and probable causes of the serious explosives incident; and give the Minister a written report of the board’s findings.\n(sec.62-ssec.2) The report may contain the recommendations the board considers appropriate and other relevant matters.\n(sec.62-ssec.3) The Minister must publish the report in the way the Minister considers appropriate.\n- (a) inquire into the circumstances and probable causes of the serious explosives incident; and\n- (b) give the Minister a written report of the board’s findings.","sortOrder":111},{"sectionNumber":"sec.62A","sectionType":"section","heading":"Conditions of appointment","content":"### sec.62A Conditions of appointment\n\nA member of the board of inquiry is entitled to be paid the remuneration and allowances decided by the Minister.\nA member holds office on the other conditions decided by the Minister.\ns 62A ins 2019 No. 7 s 61\n(sec.62A-ssec.1) A member of the board of inquiry is entitled to be paid the remuneration and allowances decided by the Minister.\n(sec.62A-ssec.2) A member holds office on the other conditions decided by the Minister.","sortOrder":112},{"sectionNumber":"sec.62B","sectionType":"section","heading":"CEO to arrange for services of staff for board of inquiry","content":"### sec.62B CEO to arrange for services of staff for board of inquiry\n\nAs soon as practicable after the board of inquiry is established, the CEO must, in consultation with the chairperson of the board, arrange for the services of RSHQ or other persons to be made available to the board for the conduct of the inquiry.\ns 62B ins 2019 No. 7 s 61\nsub 2024 No. 34 s 114","sortOrder":113},{"sectionNumber":"sec.63","sectionType":"section","heading":"Procedure","content":"### sec.63 Procedure\n\nWhen conducting its inquiry, the board of inquiry must—\nobserve natural justice; and\nact as quickly, and with as little formality and technicality, as is consistent with a fair and proper consideration of the issues.\nIn conducting the inquiry, the board—\nis not bound by the rules of evidence; and\nmay inform itself in any way it considers appropriate, including by holding hearings; and\nmay decide the procedures to be followed for the inquiry.\nHowever, the board must comply with this division and any procedural rules prescribed under a regulation.\ns 63 amd 2019 No. 7 s 62\n(sec.63-ssec.1) When conducting its inquiry, the board of inquiry must— observe natural justice; and act as quickly, and with as little formality and technicality, as is consistent with a fair and proper consideration of the issues.\n(sec.63-ssec.2) In conducting the inquiry, the board— is not bound by the rules of evidence; and may inform itself in any way it considers appropriate, including by holding hearings; and may decide the procedures to be followed for the inquiry.\n(sec.63-ssec.3) However, the board must comply with this division and any procedural rules prescribed under a regulation.\n- (a) observe natural justice; and\n- (b) act as quickly, and with as little formality and technicality, as is consistent with a fair and proper consideration of the issues.\n- (a) is not bound by the rules of evidence; and\n- (b) may inform itself in any way it considers appropriate, including by holding hearings; and\n- (c) may decide the procedures to be followed for the inquiry.","sortOrder":114},{"sectionNumber":"sec.64","sectionType":"section","heading":"Inquiry to be held in public other than in special circumstances","content":"### sec.64 Inquiry to be held in public other than in special circumstances\n\nAn inquiry must be held in public.\nHowever, the board may, of its own initiative or on the application of a person represented at the inquiry, direct that the inquiry, or a part of the inquiry, be held in private, and give directions about the persons who may be present.\nThe board may give the direction only if it is satisfied that it is proper to do so in the special circumstances of the inquiry.\n(sec.64-ssec.1) An inquiry must be held in public.\n(sec.64-ssec.2) However, the board may, of its own initiative or on the application of a person represented at the inquiry, direct that the inquiry, or a part of the inquiry, be held in private, and give directions about the persons who may be present.\n(sec.64-ssec.3) The board may give the direction only if it is satisfied that it is proper to do so in the special circumstances of the inquiry.","sortOrder":115},{"sectionNumber":"sec.65","sectionType":"section","heading":"Protection of members, legal representatives and witnesses","content":"### sec.65 Protection of members, legal representatives and witnesses\n\nA member of the board of inquiry has, in the performance of the member’s duties, the same protection and immunity as a judge of the Supreme Court.\nA lawyer or other person appearing before the board for someone else has the same protection and immunity as a barrister appearing for a party in a proceeding in the Supreme Court.\nA person summoned to attend or appearing before the board as a witness has the same protection as a witness in a proceeding in the Supreme Court.\n(sec.65-ssec.1) A member of the board of inquiry has, in the performance of the member’s duties, the same protection and immunity as a judge of the Supreme Court.\n(sec.65-ssec.2) A lawyer or other person appearing before the board for someone else has the same protection and immunity as a barrister appearing for a party in a proceeding in the Supreme Court.\n(sec.65-ssec.3) A person summoned to attend or appearing before the board as a witness has the same protection as a witness in a proceeding in the Supreme Court.","sortOrder":116},{"sectionNumber":"sec.66","sectionType":"section","heading":"Record of proceedings to be kept","content":"### sec.66 Record of proceedings to be kept\n\nThe board of inquiry must keep a record of its proceedings.","sortOrder":117},{"sectionNumber":"sec.67","sectionType":"section","heading":"Procedural fairness and representation","content":"### sec.67 Procedural fairness and representation\n\nIn the conduct of the inquiry, the board must give the authority holder whose explosives were involved in the serious explosives incident the subject of the inquiry, and any one else likely to be adversely affected by the inquiry’s findings, the opportunity of making a defence to all claims made against the person, either in person or by counsel, solicitor or agent.","sortOrder":118},{"sectionNumber":"sec.68","sectionType":"section","heading":"Board’s powers on inquiry","content":"### sec.68 Board’s powers on inquiry\n\nIn conducting the inquiry, the board may—\nact in the absence of any person who has been given notice of the inquiry or some other reasonable notice; and\nreceive evidence on oath or by statutory declaration; and\nadjourn the inquiry; and\ndisregard any defect, error, omission or insufficiency in a document.\nA member of the board may administer an oath to a person appearing as a witness before the inquiry.\n(sec.68-ssec.1) In conducting the inquiry, the board may— act in the absence of any person who has been given notice of the inquiry or some other reasonable notice; and receive evidence on oath or by statutory declaration; and adjourn the inquiry; and disregard any defect, error, omission or insufficiency in a document.\n(sec.68-ssec.2) A member of the board may administer an oath to a person appearing as a witness before the inquiry.\n- (a) act in the absence of any person who has been given notice of the inquiry or some other reasonable notice; and\n- (b) receive evidence on oath or by statutory declaration; and\n- (c) adjourn the inquiry; and\n- (d) disregard any defect, error, omission or insufficiency in a document.","sortOrder":119},{"sectionNumber":"sec.69","sectionType":"section","heading":"Notice to witness","content":"### sec.69 Notice to witness\n\nThe chairperson of the board of inquiry may, by written notice given to a person, require the person to attend the inquiry at a stated time and place to give evidence or produce stated documents or things.\nA person required to appear as a witness before the board is entitled to the witness fees prescribed under a regulation or, if no witness fees are prescribed, the reasonable witness fees decided by the chairperson.\n(sec.69-ssec.1) The chairperson of the board of inquiry may, by written notice given to a person, require the person to attend the inquiry at a stated time and place to give evidence or produce stated documents or things.\n(sec.69-ssec.2) A person required to appear as a witness before the board is entitled to the witness fees prescribed under a regulation or, if no witness fees are prescribed, the reasonable witness fees decided by the chairperson.","sortOrder":120},{"sectionNumber":"sec.70","sectionType":"section","heading":"Inspection of documents or things","content":"### sec.70 Inspection of documents or things\n\nIf a document or thing is produced to the board at the inquiry, the board may—\ninspect the document or thing; and\nmake copies of, photograph, or take extracts from, the document or thing if it is relevant to the inquiry.\nThe board may also take possession of the document or thing, and keep it while it is necessary for the inquiry.\nWhile it keeps a document or thing, the board must permit a person otherwise entitled to possession of the document or thing to inspect, make copies of, photograph, or take extracts from, the document or thing, at a reasonable place and time that the board decides.\n(sec.70-ssec.1) If a document or thing is produced to the board at the inquiry, the board may— inspect the document or thing; and make copies of, photograph, or take extracts from, the document or thing if it is relevant to the inquiry.\n(sec.70-ssec.2) The board may also take possession of the document or thing, and keep it while it is necessary for the inquiry.\n(sec.70-ssec.3) While it keeps a document or thing, the board must permit a person otherwise entitled to possession of the document or thing to inspect, make copies of, photograph, or take extracts from, the document or thing, at a reasonable place and time that the board decides.\n- (a) inspect the document or thing; and\n- (b) make copies of, photograph, or take extracts from, the document or thing if it is relevant to the inquiry.","sortOrder":121},{"sectionNumber":"sec.71","sectionType":"section","heading":"Inquiry may continue despite court proceeding unless otherwise ordered","content":"### sec.71 Inquiry may continue despite court proceeding unless otherwise ordered\n\nThe inquiry of the board of inquiry may start or continue, and a report may be prepared or given, despite a proceeding before any court or tribunal, unless a court or tribunal with the necessary jurisdiction orders otherwise.","sortOrder":122},{"sectionNumber":"sec.72","sectionType":"section","heading":"Offences by witnesses","content":"### sec.72 Offences by witnesses\n\nA person given a notice under section 69 must not—\nfail, without reasonable excuse, to attend as required by the notice; or\nfail, without reasonable excuse, to continue to attend as required by the chairperson of the board of inquiry until excused from further attendance.\nMaximum penalty—200 penalty units.\nA person appearing as a witness at the inquiry must not—\nfail to take an oath when required by the chairperson of the board; or\nfail, without reasonable excuse, to answer a question the person is required to answer by a member of the board; or\nfail, without reasonable excuse, to produce a document or thing the person is required to produce by a notice under section 69 .\nMaximum penalty—200 penalty units.\nSee also sections 74A and 74B in relation to self-incrimination.\ns 72 amd 2011 No. 2 s 34 ; 2019 No. 7 s 63 ; 2024 No. 34 s 115\n(sec.72-ssec.1) A person given a notice under section 69 must not— fail, without reasonable excuse, to attend as required by the notice; or fail, without reasonable excuse, to continue to attend as required by the chairperson of the board of inquiry until excused from further attendance. Maximum penalty—200 penalty units.\n(sec.72-ssec.2) A person appearing as a witness at the inquiry must not— fail to take an oath when required by the chairperson of the board; or fail, without reasonable excuse, to answer a question the person is required to answer by a member of the board; or fail, without reasonable excuse, to produce a document or thing the person is required to produce by a notice under section 69 . Maximum penalty—200 penalty units. See also sections 74A and 74B in relation to self-incrimination.\n- (a) fail, without reasonable excuse, to attend as required by the notice; or\n- (b) fail, without reasonable excuse, to continue to attend as required by the chairperson of the board of inquiry until excused from further attendance.\n- (a) fail to take an oath when required by the chairperson of the board; or\n- (b) fail, without reasonable excuse, to answer a question the person is required to answer by a member of the board; or\n- (c) fail, without reasonable excuse, to produce a document or thing the person is required to produce by a notice under section 69 .","sortOrder":123},{"sectionNumber":"sec.73","sectionType":"section","heading":"False or misleading statements to inquiry","content":"### sec.73 False or misleading statements to inquiry\n\nA person must not state anything to the board of inquiry that the person knows is false or misleading in a material particular.\nMaximum penalty—500 penalty units.\ns 73 amd 2024 No. 34 s 116","sortOrder":124},{"sectionNumber":"sec.74","sectionType":"section","heading":"False or misleading documents to inquiry","content":"### sec.74 False or misleading documents to inquiry\n\nA person must not give to the board of inquiry a document containing information the person knows is false or misleading in a material particular.\nMaximum penalty—500 penalty units.\nSubsection (1) does not apply to a person who, when giving the document—\ninforms the board, to the best of the person’s ability, how it is false or misleading; and\nif the person has, or can reasonably get, the correct information—gives the correct information to the board.\ns 74 amd 2024 No. 34 s 117\n(sec.74-ssec.1) A person must not give to the board of inquiry a document containing information the person knows is false or misleading in a material particular. Maximum penalty—500 penalty units.\n(sec.74-ssec.2) Subsection (1) does not apply to a person who, when giving the document— informs the board, to the best of the person’s ability, how it is false or misleading; and if the person has, or can reasonably get, the correct information—gives the correct information to the board.\n- (a) informs the board, to the best of the person’s ability, how it is false or misleading; and\n- (b) if the person has, or can reasonably get, the correct information—gives the correct information to the board.","sortOrder":125},{"sectionNumber":"sec.74A","sectionType":"section","heading":"Abrogation of privilege against self-incrimination","content":"### sec.74A Abrogation of privilege against self-incrimination\n\nA person is not excused from answering a question or producing a document or thing under this division on the ground the answer to the question or the document or thing may tend to incriminate the person or expose the person to a penalty.\nHowever, the answer to a question or a document or thing given by an individual, and other evidence directly or indirectly derived from the answer, document or thing, is not admissible as evidence against the individual in civil or criminal proceedings other than proceedings arising out of the false or misleading nature of the answer, document or thing.\ns 74A ins 2019 No. 7 s 64\n(sec.74A-ssec.1) A person is not excused from answering a question or producing a document or thing under this division on the ground the answer to the question or the document or thing may tend to incriminate the person or expose the person to a penalty.\n(sec.74A-ssec.2) However, the answer to a question or a document or thing given by an individual, and other evidence directly or indirectly derived from the answer, document or thing, is not admissible as evidence against the individual in civil or criminal proceedings other than proceedings arising out of the false or misleading nature of the answer, document or thing.","sortOrder":126},{"sectionNumber":"sec.74B","sectionType":"section","heading":"Warning to be given by board of inquiry","content":"### sec.74B Warning to be given by board of inquiry\n\nBefore requiring a person to answer a question or produce a document or thing under this division, the board of inquiry must—\nwarn the person that failure to comply with the requirement without reasonable excuse constitutes an offence; and\nwarn the person about the effect of section 74A .\nIt is not an offence for an individual to refuse to answer a question put by the board or produce a document or thing to the board under this division on the ground the question, document or thing might tend to incriminate the individual, unless the individual was first given the warning mentioned in subsection (1) (b) .\nNothing in this section prevents the board from obtaining and using evidence given to the board voluntarily by a person.\ns 74B ins 2019 No. 7 s 64\n(sec.74B-ssec.1) Before requiring a person to answer a question or produce a document or thing under this division, the board of inquiry must— warn the person that failure to comply with the requirement without reasonable excuse constitutes an offence; and warn the person about the effect of section 74A .\n(sec.74B-ssec.2) It is not an offence for an individual to refuse to answer a question put by the board or produce a document or thing to the board under this division on the ground the question, document or thing might tend to incriminate the individual, unless the individual was first given the warning mentioned in subsection (1) (b) .\n(sec.74B-ssec.3) Nothing in this section prevents the board from obtaining and using evidence given to the board voluntarily by a person.\n- (a) warn the person that failure to comply with the requirement without reasonable excuse constitutes an offence; and\n- (b) warn the person about the effect of section 74A .","sortOrder":127},{"sectionNumber":"sec.75","sectionType":"section","heading":"Contempt of board","content":"### sec.75 Contempt of board\n\nA person must not—\ndeliberately interrupt the inquiry; or\nimpede or obstruct the board in the exercise of its powers; or\ncreate or continue, or join in creating or continuing, a disturbance in or near a place where the board is conducting its inquiry; or\ndo anything that would be contempt of court if the board were a judge acting judicially.\nMaximum penalty—200 penalty units.\ns 75 amd 2019 No. 7 s 65 ; 2024 No. 34 s 118\n- (a) deliberately interrupt the inquiry; or\n- (b) impede or obstruct the board in the exercise of its powers; or\n- (c) create or continue, or join in creating or continuing, a disturbance in or near a place where the board is conducting its inquiry; or\n- (d) do anything that would be contempt of court if the board were a judge acting judicially.","sortOrder":128},{"sectionNumber":"sec.76","sectionType":"section","heading":"Report of offences","content":"### sec.76 Report of offences\n\nIf the board of inquiry considers material before it discloses an offence, it may report the offence to 1 or more of the following and may make available to them all relevant material in the board’s possession—\nthe commissioner;\nthe Crime and Corruption Commission;\nthe director of public prosecutions;\nthe WHS prosecutor;\nthe CEO;\nthe chief inspector.\ns 76 amd 2001 No. 69 s 378 sch 1 ; 2010 No. 17 s 41 ; 2014 No. 21 s 94 (2) sch 2 ; 2020 No. 10 s 93\n- (a) the commissioner;\n- (b) the Crime and Corruption Commission;\n- (c) the director of public prosecutions;\n- (d) the WHS prosecutor;\n- (e) the CEO;\n- (f) the chief inspector.","sortOrder":129},{"sectionNumber":"sec.77","sectionType":"section","heading":"Change of membership of board","content":"### sec.77 Change of membership of board\n\nThe inquiry of the board of inquiry is not affected by a change in its membership.","sortOrder":130},{"sectionNumber":"pt.6","sectionType":"part","heading":"Administration and enforcement","content":"# Administration and enforcement","sortOrder":131},{"sectionNumber":"pt.6-div.1","sectionType":"division","heading":"Inspectors","content":"## Inspectors","sortOrder":132},{"sectionNumber":"sec.78","sectionType":"section","heading":"CEO may appoint inspectors","content":"### sec.78 CEO may appoint inspectors\n\nThe CEO may appoint a person as an inspector under this Act if—\nthe CEO considers the person has the necessary expertise or experience to be an inspector; or\nthe person has satisfactorily finished training approved by the CEO.\nWithout limiting powers the CEO has apart from this Act, the CEO may designate 1 of the inspectors as the chief inspector for this Act.\ns 78 amd 2020 No. 10 s 139 sch 2\n(sec.78-ssec.1) The CEO may appoint a person as an inspector under this Act if— the CEO considers the person has the necessary expertise or experience to be an inspector; or the person has satisfactorily finished training approved by the CEO.\n(sec.78-ssec.2) Without limiting powers the CEO has apart from this Act, the CEO may designate 1 of the inspectors as the chief inspector for this Act.\n- (a) the CEO considers the person has the necessary expertise or experience to be an inspector; or\n- (b) the person has satisfactorily finished training approved by the CEO.","sortOrder":133},{"sectionNumber":"sec.79","sectionType":"section","heading":"Inspector’s identity card","content":"### sec.79 Inspector’s identity card\n\nThe CEO must give each inspector an identity card.\nThe identity card must—\ncontain a recent photo of the person; and\nbe signed by the person; and\nidentify the person as an inspector under this Act; and\nstate an expiry date.\nA person who stops being an inspector must return the person’s identity card to the CEO as soon as possible (but within 21 days) after the person stops being an inspector, unless the person has a reasonable excuse.\nMaximum penalty—20 penalty units.\nThis section does not prevent the giving of a single identity card to a person for this and other Acts or for other purposes.\ns 79 amd 2020 No. 10 s 139 sch 2\n(sec.79-ssec.1) The CEO must give each inspector an identity card.\n(sec.79-ssec.2) The identity card must— contain a recent photo of the person; and be signed by the person; and identify the person as an inspector under this Act; and state an expiry date.\n(sec.79-ssec.3) A person who stops being an inspector must return the person’s identity card to the CEO as soon as possible (but within 21 days) after the person stops being an inspector, unless the person has a reasonable excuse. Maximum penalty—20 penalty units.\n(sec.79-ssec.4) This section does not prevent the giving of a single identity card to a person for this and other Acts or for other purposes.\n- (a) contain a recent photo of the person; and\n- (b) be signed by the person; and\n- (c) identify the person as an inspector under this Act; and\n- (d) state an expiry date.","sortOrder":134},{"sectionNumber":"sec.80","sectionType":"section","heading":"Production or display of inspector’s identity card","content":"### sec.80 Production or display of inspector’s identity card\n\nAn inspector may exercise a power in relation to someone only if—\nthe inspector first produces the inspector’s identity card for the other person’s inspection; or\nthe inspector has the inspector’s identity card displayed so it is clearly visible to the other person.\nHowever, if for any reason it is not practicable to comply with subsection (1) before exercising the power, the inspector must produce the identity card for inspection by the person at the first reasonable opportunity.\n(sec.80-ssec.1) An inspector may exercise a power in relation to someone only if— the inspector first produces the inspector’s identity card for the other person’s inspection; or the inspector has the inspector’s identity card displayed so it is clearly visible to the other person.\n(sec.80-ssec.2) However, if for any reason it is not practicable to comply with subsection (1) before exercising the power, the inspector must produce the identity card for inspection by the person at the first reasonable opportunity.\n- (a) the inspector first produces the inspector’s identity card for the other person’s inspection; or\n- (b) the inspector has the inspector’s identity card displayed so it is clearly visible to the other person.","sortOrder":135},{"sectionNumber":"sec.80A","sectionType":"section","heading":"Functions of inspectors","content":"### sec.80A Functions of inspectors\n\nAn inspector has the following functions—\nto investigate and enforce compliance with this Act;\nto inspect and monitor the handling of, and access to, explosives by holders of authorities and other persons;\nto audit systems for safety and security required by regulation;\nto give advice and help to others, including applicants for authorities, holders of authorities, government entities, the public and other persons, in dangerous situations involving explosives;\nto recover and dispose of explosives for the health and safety of the public;\nto give advice and make recommendations to the chief inspector about—\napplications for authorities and security clearances; and\nthe investigation and enforcement of compliance with this Act; and\nother matters about explosives as required by the chief inspector;\nto collect information about explosives incidents for reporting to the chief inspector or RSHQ and recording statistics;\nto liaise with persons from the explosives industry for promoting and improving the safe and secure handling of explosives.\nIn this section—\ngovernment entity see the Public Sector Act 2022 , section 276 .\ns 80A ins 2008 No. 43 s 6\nsub 2019 No. 7 s 66\namd 2020 No. 10 s 139 sch 2 (amdt could not be given effect); 2022 No. 34 s 365 sch 3 ; 2024 No. 34 s 119\n(sec.80A-ssec.1) An inspector has the following functions— to investigate and enforce compliance with this Act; to inspect and monitor the handling of, and access to, explosives by holders of authorities and other persons; to audit systems for safety and security required by regulation; to give advice and help to others, including applicants for authorities, holders of authorities, government entities, the public and other persons, in dangerous situations involving explosives; to recover and dispose of explosives for the health and safety of the public; to give advice and make recommendations to the chief inspector about— applications for authorities and security clearances; and the investigation and enforcement of compliance with this Act; and other matters about explosives as required by the chief inspector; to collect information about explosives incidents for reporting to the chief inspector or RSHQ and recording statistics; to liaise with persons from the explosives industry for promoting and improving the safe and secure handling of explosives.\n(sec.80A-ssec.2) In this section— government entity see the Public Sector Act 2022 , section 276 .\n- (a) to investigate and enforce compliance with this Act;\n- (b) to inspect and monitor the handling of, and access to, explosives by holders of authorities and other persons;\n- (c) to audit systems for safety and security required by regulation;\n- (d) to give advice and help to others, including applicants for authorities, holders of authorities, government entities, the public and other persons, in dangerous situations involving explosives;\n- (e) to recover and dispose of explosives for the health and safety of the public;\n- (f) to give advice and make recommendations to the chief inspector about— (i) applications for authorities and security clearances; and (ii) the investigation and enforcement of compliance with this Act; and (iii) other matters about explosives as required by the chief inspector;\n- (i) applications for authorities and security clearances; and\n- (ii) the investigation and enforcement of compliance with this Act; and\n- (iii) other matters about explosives as required by the chief inspector;\n- (g) to collect information about explosives incidents for reporting to the chief inspector or RSHQ and recording statistics;\n- (h) to liaise with persons from the explosives industry for promoting and improving the safe and secure handling of explosives.\n- (i) applications for authorities and security clearances; and\n- (ii) the investigation and enforcement of compliance with this Act; and\n- (iii) other matters about explosives as required by the chief inspector;","sortOrder":136},{"sectionNumber":"sec.81","sectionType":"section","heading":"Powers of inspector","content":"### sec.81 Powers of inspector\n\nAn inspector is subject to the directions of—\nthe CEO; and\nfor an inspector other than the chief inspector—the chief inspector.\nThe powers of an inspector may be limited—\nunder a regulation; or\nunder a condition of appointment; or\nby written notice given by the CEO to the inspector; or\nfor an inspector other than the chief inspector—by written notice given by the chief inspector to the inspector.\ns 81 amd 2024 No. 34 s 120\n(sec.81-ssec.1) An inspector is subject to the directions of— the CEO; and for an inspector other than the chief inspector—the chief inspector.\n(sec.81-ssec.2) The powers of an inspector may be limited— under a regulation; or under a condition of appointment; or by written notice given by the CEO to the inspector; or for an inspector other than the chief inspector—by written notice given by the chief inspector to the inspector.\n- (a) the CEO; and\n- (b) for an inspector other than the chief inspector—the chief inspector.\n- (a) under a regulation; or\n- (b) under a condition of appointment; or\n- (c) by written notice given by the CEO to the inspector; or\n- (d) for an inspector other than the chief inspector—by written notice given by the chief inspector to the inspector.","sortOrder":137},{"sectionNumber":"sec.82","sectionType":"section","heading":"Inspector’s appointment conditions","content":"### sec.82 Inspector’s appointment conditions\n\nAn inspector holds office on the conditions stated in the instrument of appointment.\nAn inspector—\nif the appointment provides for a term of appointment—stops holding office at the end of the term; and\nif the conditions of appointment provide—stops holding office when the inspector stops holding another office stated in the appointment conditions (the main office ); and\nmay resign by signed notice of resignation given to the CEO.\nHowever, an inspector may not resign from the office under this Act (the secondary office ) if a term of employment to the main office requires the person to hold the secondary office.\ns 82 amd 2020 No. 10 s 139 sch 2\n(sec.82-ssec.1) An inspector holds office on the conditions stated in the instrument of appointment.\n(sec.82-ssec.2) An inspector— if the appointment provides for a term of appointment—stops holding office at the end of the term; and if the conditions of appointment provide—stops holding office when the inspector stops holding another office stated in the appointment conditions (the main office ); and may resign by signed notice of resignation given to the CEO.\n(sec.82-ssec.3) However, an inspector may not resign from the office under this Act (the secondary office ) if a term of employment to the main office requires the person to hold the secondary office.\n- (a) if the appointment provides for a term of appointment—stops holding office at the end of the term; and\n- (b) if the conditions of appointment provide—stops holding office when the inspector stops holding another office stated in the appointment conditions (the main office ); and\n- (c) may resign by signed notice of resignation given to the CEO.","sortOrder":138},{"sectionNumber":"pt.6-div.2","sectionType":"division","heading":"Powers of inspectors","content":"## Powers of inspectors","sortOrder":139},{"sectionNumber":"sec.83","sectionType":"section","heading":"Power to enter places","content":"### sec.83 Power to enter places\n\nAn inspector may enter a place if—\nits occupier consents to the entry; or\nit is a public place and the entry is made when it is open to the public; or\nthe entry is authorised by a warrant; or\nit is mentioned in an authority as a place of business and is—\nopen for carrying on the business; or\notherwise open for entry; or\nrequired to be open for inspection under the authority; or\nthe inspector reasonably believes a dangerous situation exists at the place and it is necessary for the inspector to enter it to take action to prevent, remove or minimise the danger; or\nthe entry is necessary to investigate the circumstances of an explosives incident at the place.\nFor the purpose of asking the occupier of a place for consent to enter, an inspector may, without the occupier’s consent or a warrant—\nenter land around premises at the place to an extent that is reasonable to contact the occupier; or\nenter part of the place the inspector reasonably considers members of the public ordinarily are allowed to enter when they wish to contact the occupier.\nFor subsection (1) (d) , a place of business does not include a part of the place where a person resides.\n(sec.83-ssec.1) An inspector may enter a place if— its occupier consents to the entry; or it is a public place and the entry is made when it is open to the public; or the entry is authorised by a warrant; or it is mentioned in an authority as a place of business and is— open for carrying on the business; or otherwise open for entry; or required to be open for inspection under the authority; or the inspector reasonably believes a dangerous situation exists at the place and it is necessary for the inspector to enter it to take action to prevent, remove or minimise the danger; or the entry is necessary to investigate the circumstances of an explosives incident at the place.\n(sec.83-ssec.2) For the purpose of asking the occupier of a place for consent to enter, an inspector may, without the occupier’s consent or a warrant— enter land around premises at the place to an extent that is reasonable to contact the occupier; or enter part of the place the inspector reasonably considers members of the public ordinarily are allowed to enter when they wish to contact the occupier.\n(sec.83-ssec.3) For subsection (1) (d) , a place of business does not include a part of the place where a person resides.\n- (a) its occupier consents to the entry; or\n- (b) it is a public place and the entry is made when it is open to the public; or\n- (c) the entry is authorised by a warrant; or\n- (d) it is mentioned in an authority as a place of business and is— (i) open for carrying on the business; or (ii) otherwise open for entry; or (iii) required to be open for inspection under the authority; or\n- (i) open for carrying on the business; or\n- (ii) otherwise open for entry; or\n- (iii) required to be open for inspection under the authority; or\n- (e) the inspector reasonably believes a dangerous situation exists at the place and it is necessary for the inspector to enter it to take action to prevent, remove or minimise the danger; or\n- (f) the entry is necessary to investigate the circumstances of an explosives incident at the place.\n- (i) open for carrying on the business; or\n- (ii) otherwise open for entry; or\n- (iii) required to be open for inspection under the authority; or\n- (a) enter land around premises at the place to an extent that is reasonable to contact the occupier; or\n- (b) enter part of the place the inspector reasonably considers members of the public ordinarily are allowed to enter when they wish to contact the occupier.","sortOrder":140},{"sectionNumber":"sec.84","sectionType":"section","heading":"Entry with consent","content":"### sec.84 Entry with consent\n\nThis section applies if an inspector intends to ask an occupier of a place to consent to the inspector or another inspector entering the place.\nBefore asking for the consent, the inspector must tell the occupier—\nthe purpose of the entry; and\nthat the occupier is not required to consent.\nIf the consent is given, the inspector may ask the occupier to sign an acknowledgement of the consent.\nThe acknowledgement must state—\nthe occupier has been told—\nthe purpose of the entry; and\nthat the occupier is not required to consent; and\nthe purpose of the entry; and\nthe occupier gives the inspector consent to enter the place and exercise powers under this part; and\nthe time and date the consent was given.\nIf the occupier signs an acknowledgement, the inspector must immediately give a copy to the occupier.\nA court must find the occupier did not consent to an inspector entering the place under this part if—\nan issue arises in a proceeding before the court whether the occupier of the place consented to the entry; and\nan acknowledgement is not produced in evidence for the entry; and\nit is not proved by the person relying on the lawfulness of the entry that the occupier consented to the entry.\n(sec.84-ssec.1) This section applies if an inspector intends to ask an occupier of a place to consent to the inspector or another inspector entering the place.\n(sec.84-ssec.2) Before asking for the consent, the inspector must tell the occupier— the purpose of the entry; and that the occupier is not required to consent.\n(sec.84-ssec.3) If the consent is given, the inspector may ask the occupier to sign an acknowledgement of the consent.\n(sec.84-ssec.4) The acknowledgement must state— the occupier has been told— the purpose of the entry; and that the occupier is not required to consent; and the purpose of the entry; and the occupier gives the inspector consent to enter the place and exercise powers under this part; and the time and date the consent was given.\n(sec.84-ssec.5) If the occupier signs an acknowledgement, the inspector must immediately give a copy to the occupier.\n(sec.84-ssec.6) A court must find the occupier did not consent to an inspector entering the place under this part if— an issue arises in a proceeding before the court whether the occupier of the place consented to the entry; and an acknowledgement is not produced in evidence for the entry; and it is not proved by the person relying on the lawfulness of the entry that the occupier consented to the entry.\n- (a) the purpose of the entry; and\n- (b) that the occupier is not required to consent.\n- (a) the occupier has been told— (i) the purpose of the entry; and (ii) that the occupier is not required to consent; and\n- (i) the purpose of the entry; and\n- (ii) that the occupier is not required to consent; and\n- (b) the purpose of the entry; and\n- (c) the occupier gives the inspector consent to enter the place and exercise powers under this part; and\n- (d) the time and date the consent was given.\n- (i) the purpose of the entry; and\n- (ii) that the occupier is not required to consent; and\n- (a) an issue arises in a proceeding before the court whether the occupier of the place consented to the entry; and\n- (b) an acknowledgement is not produced in evidence for the entry; and\n- (c) it is not proved by the person relying on the lawfulness of the entry that the occupier consented to the entry.","sortOrder":141},{"sectionNumber":"sec.85","sectionType":"section","heading":"Application for warrant","content":"### sec.85 Application for warrant\n\nAn inspector may apply to a magistrate for a warrant for a place.\nThe application must be sworn and state the grounds on which the warrant is sought.\nThe magistrate may refuse to consider the application until the inspector gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.\nThe magistrate may require additional information supporting the application to be given by statutory declaration.\n(sec.85-ssec.1) An inspector may apply to a magistrate for a warrant for a place.\n(sec.85-ssec.2) The application must be sworn and state the grounds on which the warrant is sought.\n(sec.85-ssec.3) The magistrate may refuse to consider the application until the inspector gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires. The magistrate may require additional information supporting the application to be given by statutory declaration.","sortOrder":142},{"sectionNumber":"sec.86","sectionType":"section","heading":"Issue of warrant","content":"### sec.86 Issue of warrant\n\nThe magistrate may issue a warrant only if the magistrate is satisfied there are reasonable grounds for suspecting—\nthere is a particular thing or activity (the evidence ) that may provide evidence of an offence against this Act; and\nthe evidence is at the place, or may be at the place, within the next 7 days.\nThe warrant must state—\nthat a stated inspector may, with necessary and reasonable help and force—\nenter the place and any other place necessary for entry; and\nexercise the inspector’s powers under this part; and\nthe offence for which the warrant is sought; and\nthe evidence that may be seized under the warrant; and\nthe hours of the day or night when the place may be entered; and\nthe date, within 14 days after the warrant’s issue, the warrant ends.\n(sec.86-ssec.1) The magistrate may issue a warrant only if the magistrate is satisfied there are reasonable grounds for suspecting— there is a particular thing or activity (the evidence ) that may provide evidence of an offence against this Act; and the evidence is at the place, or may be at the place, within the next 7 days.\n(sec.86-ssec.2) The warrant must state— that a stated inspector may, with necessary and reasonable help and force— enter the place and any other place necessary for entry; and exercise the inspector’s powers under this part; and the offence for which the warrant is sought; and the evidence that may be seized under the warrant; and the hours of the day or night when the place may be entered; and the date, within 14 days after the warrant’s issue, the warrant ends.\n- (a) there is a particular thing or activity (the evidence ) that may provide evidence of an offence against this Act; and\n- (b) the evidence is at the place, or may be at the place, within the next 7 days.\n- (a) that a stated inspector may, with necessary and reasonable help and force— (i) enter the place and any other place necessary for entry; and (ii) exercise the inspector’s powers under this part; and\n- (i) enter the place and any other place necessary for entry; and\n- (ii) exercise the inspector’s powers under this part; and\n- (b) the offence for which the warrant is sought; and\n- (c) the evidence that may be seized under the warrant; and\n- (d) the hours of the day or night when the place may be entered; and\n- (e) the date, within 14 days after the warrant’s issue, the warrant ends.\n- (i) enter the place and any other place necessary for entry; and\n- (ii) exercise the inspector’s powers under this part; and","sortOrder":143},{"sectionNumber":"sec.87","sectionType":"section","heading":"Special warrants","content":"### sec.87 Special warrants\n\nAn inspector may apply for a warrant (a special warrant ) by phone, fax, radio or another form of communication if the inspector considers it necessary because of—\nurgent circumstances; or\nother special circumstances, including, for example, the inspector’s remote location.\nBefore applying for the warrant, the inspector must prepare an application stating the grounds on which the warrant is sought.\nThe inspector may apply for the warrant before the application is sworn.\nAfter issuing the warrant, the magistrate must immediately fax a copy to the inspector if it is reasonably practicable to fax the copy.\nIf it is not reasonably practicable to fax a copy to the inspector—\nthe magistrate must tell the inspector—\nwhat the terms of the warrant are; and\nthe date and time the warrant was issued; and\nthe inspector must complete a form of warrant (a warrant form ) and write on it—\nthe magistrate’s name; and\nthe date and time the magistrate issued the warrant; and\nthe terms of the warrant.\nThe facsimile warrant, or the warrant form properly completed by the inspector, authorises the entry and the exercise of the other powers stated in the warrant issued by the magistrate.\nThe inspector must, at the first reasonable opportunity, send to the magistrate—\nthe sworn application; and\nif the inspector completed a warrant form—the completed warrant form.\nOn receiving the documents, the magistrate must attach them to the warrant.\nA court must find the exercise of the power by an inspector was not authorised by a special warrant if—\nan issue arises in a proceeding before the court whether the exercise of the power was authorised by a special warrant; and\nthe warrant is not produced in evidence; and\nit is not proved by the person relying on the lawfulness of the entry that the inspector obtained the warrant.\n(sec.87-ssec.1) An inspector may apply for a warrant (a special warrant ) by phone, fax, radio or another form of communication if the inspector considers it necessary because of— urgent circumstances; or other special circumstances, including, for example, the inspector’s remote location.\n(sec.87-ssec.2) Before applying for the warrant, the inspector must prepare an application stating the grounds on which the warrant is sought.\n(sec.87-ssec.3) The inspector may apply for the warrant before the application is sworn.\n(sec.87-ssec.4) After issuing the warrant, the magistrate must immediately fax a copy to the inspector if it is reasonably practicable to fax the copy.\n(sec.87-ssec.5) If it is not reasonably practicable to fax a copy to the inspector— the magistrate must tell the inspector— what the terms of the warrant are; and the date and time the warrant was issued; and the inspector must complete a form of warrant (a warrant form ) and write on it— the magistrate’s name; and the date and time the magistrate issued the warrant; and the terms of the warrant.\n(sec.87-ssec.6) The facsimile warrant, or the warrant form properly completed by the inspector, authorises the entry and the exercise of the other powers stated in the warrant issued by the magistrate.\n(sec.87-ssec.7) The inspector must, at the first reasonable opportunity, send to the magistrate— the sworn application; and if the inspector completed a warrant form—the completed warrant form.\n(sec.87-ssec.8) On receiving the documents, the magistrate must attach them to the warrant.\n(sec.87-ssec.9) A court must find the exercise of the power by an inspector was not authorised by a special warrant if— an issue arises in a proceeding before the court whether the exercise of the power was authorised by a special warrant; and the warrant is not produced in evidence; and it is not proved by the person relying on the lawfulness of the entry that the inspector obtained the warrant.\n- (a) urgent circumstances; or\n- (b) other special circumstances, including, for example, the inspector’s remote location.\n- (a) the magistrate must tell the inspector— (i) what the terms of the warrant are; and (ii) the date and time the warrant was issued; and\n- (i) what the terms of the warrant are; and\n- (ii) the date and time the warrant was issued; and\n- (b) the inspector must complete a form of warrant (a warrant form ) and write on it— (i) the magistrate’s name; and (ii) the date and time the magistrate issued the warrant; and (iii) the terms of the warrant.\n- (i) the magistrate’s name; and\n- (ii) the date and time the magistrate issued the warrant; and\n- (iii) the terms of the warrant.\n- (i) what the terms of the warrant are; and\n- (ii) the date and time the warrant was issued; and\n- (i) the magistrate’s name; and\n- (ii) the date and time the magistrate issued the warrant; and\n- (iii) the terms of the warrant.\n- (a) the sworn application; and\n- (b) if the inspector completed a warrant form—the completed warrant form.\n- (a) an issue arises in a proceeding before the court whether the exercise of the power was authorised by a special warrant; and\n- (b) the warrant is not produced in evidence; and\n- (c) it is not proved by the person relying on the lawfulness of the entry that the inspector obtained the warrant.","sortOrder":144},{"sectionNumber":"sec.88","sectionType":"section","heading":"Warrants—procedure before entry","content":"### sec.88 Warrants—procedure before entry\n\nThis section applies if an inspector named in a warrant issued under this part for a place is intending to enter the place under the warrant.\nBefore entering the place, the inspector must do or make a reasonable attempt to do the following things—\nidentify themself to a person present at the place who is an occupier of the place by producing a copy of the inspector’s notice of appointment or other document evidencing the appointment;\ngive the person a copy of the warrant or, if the entry is authorised by a facsimile warrant or warrant form mentioned in section 87 (6) , a copy of the facsimile warrant or warrant form;\ntell the person the inspector is permitted by the warrant to enter the place;\ngive the person an opportunity to allow the inspector immediate entry to the place without using force.\nHowever, the inspector need not comply with subsection (2) if the inspector believes on reasonable grounds that immediate entry to the place is required to ensure the effective execution of the warrant is not frustrated.\ns 88 amd 2024 No. 34 s 121\n(sec.88-ssec.1) This section applies if an inspector named in a warrant issued under this part for a place is intending to enter the place under the warrant.\n(sec.88-ssec.2) Before entering the place, the inspector must do or make a reasonable attempt to do the following things— identify themself to a person present at the place who is an occupier of the place by producing a copy of the inspector’s notice of appointment or other document evidencing the appointment; give the person a copy of the warrant or, if the entry is authorised by a facsimile warrant or warrant form mentioned in section 87 (6) , a copy of the facsimile warrant or warrant form; tell the person the inspector is permitted by the warrant to enter the place; give the person an opportunity to allow the inspector immediate entry to the place without using force.\n(sec.88-ssec.3) However, the inspector need not comply with subsection (2) if the inspector believes on reasonable grounds that immediate entry to the place is required to ensure the effective execution of the warrant is not frustrated.\n- (a) identify themself to a person present at the place who is an occupier of the place by producing a copy of the inspector’s notice of appointment or other document evidencing the appointment;\n- (b) give the person a copy of the warrant or, if the entry is authorised by a facsimile warrant or warrant form mentioned in section 87 (6) , a copy of the facsimile warrant or warrant form;\n- (c) tell the person the inspector is permitted by the warrant to enter the place;\n- (d) give the person an opportunity to allow the inspector immediate entry to the place without using force.","sortOrder":145},{"sectionNumber":"sec.89","sectionType":"section","heading":"General powers after entering places","content":"### sec.89 General powers after entering places\n\nThis section applies to an inspector who enters a place under this part.\nFor monitoring or enforcing compliance with this Act, the inspector may—\nsearch any part of the place; or\nexamine, inspect, test, measure, photograph or film anything on the place; or\ntake samples of anything on the place; or\nremove an explosive or an ingredient of an explosive for examination or testing; or\ncopy a document on the place; or\ntake into or onto the place any persons, equipment and materials the inspector reasonably requires for exercising a power under this part; or\nrequire a person in the place to give the inspector reasonable help to exercise the powers mentioned in paragraphs (a) to (f) .\nA person required to give reasonable help under subsection (2) (g) must comply with the requirement, unless the person has a reasonable excuse.\nMaximum penalty—100 penalty units.\nIf the help is required to be given to an inspector by—\nanswering a question; or\nproducing a document (other than an authority or a document required to be kept under this Act);\nit is a reasonable excuse for an individual to not answer the question, or produce the document, if complying with the requirement might tend to incriminate the individual or make the individual liable to a penalty.\ns 89 amd 2011 No. 2 s 35 ; 2024 No. 34 s 122\n(sec.89-ssec.1) This section applies to an inspector who enters a place under this part.\n(sec.89-ssec.2) For monitoring or enforcing compliance with this Act, the inspector may— search any part of the place; or examine, inspect, test, measure, photograph or film anything on the place; or take samples of anything on the place; or remove an explosive or an ingredient of an explosive for examination or testing; or copy a document on the place; or take into or onto the place any persons, equipment and materials the inspector reasonably requires for exercising a power under this part; or require a person in the place to give the inspector reasonable help to exercise the powers mentioned in paragraphs (a) to (f) .\n(sec.89-ssec.3) A person required to give reasonable help under subsection (2) (g) must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—100 penalty units.\n(sec.89-ssec.4) If the help is required to be given to an inspector by— answering a question; or producing a document (other than an authority or a document required to be kept under this Act); it is a reasonable excuse for an individual to not answer the question, or produce the document, if complying with the requirement might tend to incriminate the individual or make the individual liable to a penalty.\n- (a) search any part of the place; or\n- (b) examine, inspect, test, measure, photograph or film anything on the place; or\n- (c) take samples of anything on the place; or\n- (d) remove an explosive or an ingredient of an explosive for examination or testing; or\n- (e) copy a document on the place; or\n- (f) take into or onto the place any persons, equipment and materials the inspector reasonably requires for exercising a power under this part; or\n- (g) require a person in the place to give the inspector reasonable help to exercise the powers mentioned in paragraphs (a) to (f) .\n- (a) answering a question; or\n- (b) producing a document (other than an authority or a document required to be kept under this Act);","sortOrder":146},{"sectionNumber":"sec.90","sectionType":"section","heading":"Power to seize evidence","content":"### sec.90 Power to seize evidence\n\nAn inspector who enters a place under this part other than under a warrant may seize a thing in the place if—\nthe inspector reasonably believes the thing is evidence of an offence against this Act; and\nfor an entry made with the occupier’s consent—seizure of the thing is consistent with the purpose of entry as told to the occupier.\nAn inspector who enters a place under this part under a warrant may seize the evidence for which the warrant was issued.\nAn inspector may also seize anything else in a place mentioned in subsection (1) or (2) if the inspector reasonably believes—\nthe thing is evidence of an offence against this Act; and\nthe seizure is necessary to prevent the thing being hidden, lost or destroyed or used to continue or repeat the offence.\n(sec.90-ssec.1) An inspector who enters a place under this part other than under a warrant may seize a thing in the place if— the inspector reasonably believes the thing is evidence of an offence against this Act; and for an entry made with the occupier’s consent—seizure of the thing is consistent with the purpose of entry as told to the occupier.\n(sec.90-ssec.2) An inspector who enters a place under this part under a warrant may seize the evidence for which the warrant was issued.\n(sec.90-ssec.3) An inspector may also seize anything else in a place mentioned in subsection (1) or (2) if the inspector reasonably believes— the thing is evidence of an offence against this Act; and the seizure is necessary to prevent the thing being hidden, lost or destroyed or used to continue or repeat the offence.\n- (a) the inspector reasonably believes the thing is evidence of an offence against this Act; and\n- (b) for an entry made with the occupier’s consent—seizure of the thing is consistent with the purpose of entry as told to the occupier.\n- (a) the thing is evidence of an offence against this Act; and\n- (b) the seizure is necessary to prevent the thing being hidden, lost or destroyed or used to continue or repeat the offence.","sortOrder":147},{"sectionNumber":"sec.90A","sectionType":"section","heading":"Power to secure seized thing","content":"### sec.90A Power to secure seized thing\n\nHaving seized a thing under this subdivision, an inspector may—\nleave it at the place it was seized (the place of seizure ) and take reasonable action to restrict access to it; or\nmove it from the place of seizure.\nFor subsection (1) (a) , the inspector may, for example—\nseal the thing, or entrance to the place of seizure, and mark the thing or place to show access to the thing or place is restricted; or\nfor equipment—make it inoperable.\nmake it inoperable by dismantling it or removing a component without which the equipment can not be used\ns 90A ins 2019 No. 7 s 67\n(sec.90A-ssec.1) Having seized a thing under this subdivision, an inspector may— leave it at the place it was seized (the place of seizure ) and take reasonable action to restrict access to it; or move it from the place of seizure.\n(sec.90A-ssec.2) For subsection (1) (a) , the inspector may, for example— seal the thing, or entrance to the place of seizure, and mark the thing or place to show access to the thing or place is restricted; or for equipment—make it inoperable. make it inoperable by dismantling it or removing a component without which the equipment can not be used\n- (a) leave it at the place it was seized (the place of seizure ) and take reasonable action to restrict access to it; or\n- (b) move it from the place of seizure.\n- (a) seal the thing, or entrance to the place of seizure, and mark the thing or place to show access to the thing or place is restricted; or\n- (b) for equipment—make it inoperable. Example— make it inoperable by dismantling it or removing a component without which the equipment can not be used","sortOrder":148},{"sectionNumber":"sec.90B","sectionType":"section","heading":"Powers to support seizure","content":"### sec.90B Powers to support seizure\n\nTo enable a thing to be seized, an inspector may require a person the inspector reasonably believes is in control of the thing or a place of seizure for the thing—\nto both—\ntake it to a stated reasonable place by a stated reasonable time; and\nif necessary, remain in control of it at the stated place for a reasonable time; or\nto do an act mentioned in section 90A (2) (a) or (b) or anything else an inspector could do under section 90A (1) (a) .\nThe requirement—\nmust be made by written notice; or\nif for any reason it is not practicable to give written notice, may be made orally and confirmed by written notice as soon as practicable.\nA person must comply with a requirement made of the person under subsection (1) unless the person has a reasonable excuse.\nMaximum penalty for subsection (3) —100 penalty units.\ns 90B ins 2019 No. 7 s 67\n(sec.90B-ssec.1) To enable a thing to be seized, an inspector may require a person the inspector reasonably believes is in control of the thing or a place of seizure for the thing— to both— take it to a stated reasonable place by a stated reasonable time; and if necessary, remain in control of it at the stated place for a reasonable time; or to do an act mentioned in section 90A (2) (a) or (b) or anything else an inspector could do under section 90A (1) (a) .\n(sec.90B-ssec.2) The requirement— must be made by written notice; or if for any reason it is not practicable to give written notice, may be made orally and confirmed by written notice as soon as practicable.\n(sec.90B-ssec.3) A person must comply with a requirement made of the person under subsection (1) unless the person has a reasonable excuse. Maximum penalty for subsection (3) —100 penalty units.\n- (a) to both— (i) take it to a stated reasonable place by a stated reasonable time; and (ii) if necessary, remain in control of it at the stated place for a reasonable time; or\n- (i) take it to a stated reasonable place by a stated reasonable time; and\n- (ii) if necessary, remain in control of it at the stated place for a reasonable time; or\n- (b) to do an act mentioned in section 90A (2) (a) or (b) or anything else an inspector could do under section 90A (1) (a) .\n- (i) take it to a stated reasonable place by a stated reasonable time; and\n- (ii) if necessary, remain in control of it at the stated place for a reasonable time; or\n- (a) must be made by written notice; or\n- (b) if for any reason it is not practicable to give written notice, may be made orally and confirmed by written notice as soon as practicable.","sortOrder":149},{"sectionNumber":"sec.90C","sectionType":"section","heading":"Offence to interfere","content":"### sec.90C Offence to interfere\n\nIf access to a seized thing is restricted under section 90A , a person must not tamper with the thing or with anything used to restrict access to the thing without—\nan inspector’s approval; or\na reasonable excuse.\nMaximum penalty—100 penalty units.\nIf access to a place is restricted under section 90A , a person must not enter the place in contravention of the restriction or tamper with anything used to restrict access to the place without—\nan inspector’s approval; or\na reasonable excuse.\nMaximum penalty—100 penalty units.\ns 90C ins 2019 No. 7 s 67\n(sec.90C-ssec.1) If access to a seized thing is restricted under section 90A , a person must not tamper with the thing or with anything used to restrict access to the thing without— an inspector’s approval; or a reasonable excuse. Maximum penalty—100 penalty units.\n(sec.90C-ssec.2) If access to a place is restricted under section 90A , a person must not enter the place in contravention of the restriction or tamper with anything used to restrict access to the place without— an inspector’s approval; or a reasonable excuse. Maximum penalty—100 penalty units.\n- (a) an inspector’s approval; or\n- (b) a reasonable excuse.\n- (a) an inspector’s approval; or\n- (b) a reasonable excuse.","sortOrder":150},{"sectionNumber":"sec.91","sectionType":"section","heading":"Receipt for seized things","content":"### sec.91 Receipt for seized things\n\nAs soon as possible after an inspector seizes a thing ( seized thing ), the inspector must give a receipt for the seized thing to the person from whom it was seized.\nHowever, if for any reason it is not practicable to comply with subsection (1) , the inspector must leave the receipt at the place of seizure, in a reasonably secure way and in a conspicuous position.\nThe receipt must describe generally each thing seized and its condition.\nThis section does not apply to a thing if it is impractical or would be unreasonable to give the receipt, given the thing’s nature, condition and value.\n(sec.91-ssec.1) As soon as possible after an inspector seizes a thing ( seized thing ), the inspector must give a receipt for the seized thing to the person from whom it was seized.\n(sec.91-ssec.2) However, if for any reason it is not practicable to comply with subsection (1) , the inspector must leave the receipt at the place of seizure, in a reasonably secure way and in a conspicuous position.\n(sec.91-ssec.3) The receipt must describe generally each thing seized and its condition.\n(sec.91-ssec.4) This section does not apply to a thing if it is impractical or would be unreasonable to give the receipt, given the thing’s nature, condition and value.","sortOrder":151},{"sectionNumber":"sec.92","sectionType":"section","heading":"Recovery of costs of seizure","content":"### sec.92 Recovery of costs of seizure\n\nIf, under section 106 , the Minister declares a seized thing to be forfeited to the State, the owner of it must pay the reasonable cost of seizing, holding and dealing with it under this Act.\nThe Minister may recover an amount payable under this section as a debt payable to the State.\n(sec.92-ssec.1) If, under section 106 , the Minister declares a seized thing to be forfeited to the State, the owner of it must pay the reasonable cost of seizing, holding and dealing with it under this Act.\n(sec.92-ssec.2) The Minister may recover an amount payable under this section as a debt payable to the State.","sortOrder":152},{"sectionNumber":"sec.93","sectionType":"section","heading":"Access to seized things","content":"### sec.93 Access to seized things\n\nUntil a seized thing is forfeited or returned, an inspector must allow its owner to inspect it and, if it is a document, to copy it.\nSubsection (1) does not apply if it is impracticable or would be unreasonable to allow the inspection or copying.\nFor this section, if an inspector has, under section 90B (1) (a) , required a person to move a thing from the place of seizure, the inspector may require the person to return the thing to the place of seizure.\nThe person must return the thing at the person’s expense.\ns 93 amd 2019 No. 7 s 68\n(sec.93-ssec.1) Until a seized thing is forfeited or returned, an inspector must allow its owner to inspect it and, if it is a document, to copy it.\n(sec.93-ssec.2) Subsection (1) does not apply if it is impracticable or would be unreasonable to allow the inspection or copying.\n(sec.93-ssec.3) For this section, if an inspector has, under section 90B (1) (a) , required a person to move a thing from the place of seizure, the inspector may require the person to return the thing to the place of seizure.\n(sec.93-ssec.4) The person must return the thing at the person’s expense.","sortOrder":153},{"sectionNumber":"sec.94","sectionType":"section","heading":"Forfeiture of seized things","content":"### sec.94 Forfeiture of seized things\n\nThe chief inspector may decide a seized thing is forfeited to the State if an inspector or an authorised officer—\ncan not find its owner, after making reasonable inquiries; or\ncan not return it to its owner, after making reasonable efforts.\nIn applying subsection (1) —\nsubsection (1) (a) does not require the inspector or authorised officer to make inquiries if it would be unreasonable in the particular circumstances to make inquiries to find the owner; and\nsubsection (1) (b) does not require the inspector or authorised officer to make efforts if it would be unreasonable in the particular circumstances to make efforts to return the thing to its owner.\nRegard must be had to a thing’s nature, condition and value in deciding—\nwhether it is reasonable to make inquiries or efforts; and\nif making inquiries or efforts—what inquiries or efforts, including the period over which they are made, are reasonable.\ns 94 amd 2019 No. 7 s 69\n(sec.94-ssec.1) The chief inspector may decide a seized thing is forfeited to the State if an inspector or an authorised officer— can not find its owner, after making reasonable inquiries; or can not return it to its owner, after making reasonable efforts.\n(sec.94-ssec.2) In applying subsection (1) — subsection (1) (a) does not require the inspector or authorised officer to make inquiries if it would be unreasonable in the particular circumstances to make inquiries to find the owner; and subsection (1) (b) does not require the inspector or authorised officer to make efforts if it would be unreasonable in the particular circumstances to make efforts to return the thing to its owner.\n(sec.94-ssec.3) Regard must be had to a thing’s nature, condition and value in deciding— whether it is reasonable to make inquiries or efforts; and if making inquiries or efforts—what inquiries or efforts, including the period over which they are made, are reasonable.\n- (a) can not find its owner, after making reasonable inquiries; or\n- (b) can not return it to its owner, after making reasonable efforts.\n- (a) subsection (1) (a) does not require the inspector or authorised officer to make inquiries if it would be unreasonable in the particular circumstances to make inquiries to find the owner; and\n- (b) subsection (1) (b) does not require the inspector or authorised officer to make efforts if it would be unreasonable in the particular circumstances to make efforts to return the thing to its owner.\n- (a) whether it is reasonable to make inquiries or efforts; and\n- (b) if making inquiries or efforts—what inquiries or efforts, including the period over which they are made, are reasonable.","sortOrder":154},{"sectionNumber":"sec.95","sectionType":"section","heading":"Return of seized things","content":"### sec.95 Return of seized things\n\nThis section applies to a thing that—\nhas been seized under this part, other than in the course of dealing with a dangerous situation; and\nhas some intrinsic value; and\nis not forfeited to the State.\nIf the thing is not returned to its owner within 1 year after it was seized, the owner may apply to the chief inspector for its return.\nWithin 30 days after receiving the application, the chief inspector must—\nif the chief inspector is satisfied there are reasonable grounds for retaining the thing and decides to retain it—give the owner an information notice for the decision; or\notherwise—return the thing to the owner.\nIf, at any time after the thing was seized, the chief inspector stops being satisfied there are reasonable grounds for retaining it, the chief inspector must return it to its owner.\nWithout limiting subsections (3) and (4) , there are reasonable grounds for retaining the thing if—\nthe thing is being, or is likely to be, examined; or\nthe thing is needed, or may be needed, for the purposes of—\nan investigation, board of inquiry, coroner’s inquest or proceeding for an offence against this Act that is likely to be started; or\nan investigation, board of inquiry, coroner’s inquest or proceeding for an offence against this Act that has been started but not completed; or\nan appeal from a decision in a proceeding for an offence against this Act; or\nit is not lawful for the owner to possess the thing.\nIn this section—\nexamine includes analyse, test, measure, weigh, grade, gauge and identify.\nowner , of a seized thing, includes a person who would be entitled to possession of the thing had it not been seized.\ns 95 sub 2014 No. 64 s 212B\n(sec.95-ssec.1) This section applies to a thing that— has been seized under this part, other than in the course of dealing with a dangerous situation; and has some intrinsic value; and is not forfeited to the State.\n(sec.95-ssec.2) If the thing is not returned to its owner within 1 year after it was seized, the owner may apply to the chief inspector for its return.\n(sec.95-ssec.3) Within 30 days after receiving the application, the chief inspector must— if the chief inspector is satisfied there are reasonable grounds for retaining the thing and decides to retain it—give the owner an information notice for the decision; or otherwise—return the thing to the owner.\n(sec.95-ssec.4) If, at any time after the thing was seized, the chief inspector stops being satisfied there are reasonable grounds for retaining it, the chief inspector must return it to its owner.\n(sec.95-ssec.5) Without limiting subsections (3) and (4) , there are reasonable grounds for retaining the thing if— the thing is being, or is likely to be, examined; or the thing is needed, or may be needed, for the purposes of— an investigation, board of inquiry, coroner’s inquest or proceeding for an offence against this Act that is likely to be started; or an investigation, board of inquiry, coroner’s inquest or proceeding for an offence against this Act that has been started but not completed; or an appeal from a decision in a proceeding for an offence against this Act; or it is not lawful for the owner to possess the thing.\n(sec.95-ssec.6) In this section— examine includes analyse, test, measure, weigh, grade, gauge and identify. owner , of a seized thing, includes a person who would be entitled to possession of the thing had it not been seized.\n- (a) has been seized under this part, other than in the course of dealing with a dangerous situation; and\n- (b) has some intrinsic value; and\n- (c) is not forfeited to the State.\n- (a) if the chief inspector is satisfied there are reasonable grounds for retaining the thing and decides to retain it—give the owner an information notice for the decision; or\n- (b) otherwise—return the thing to the owner.\n- (a) the thing is being, or is likely to be, examined; or\n- (b) the thing is needed, or may be needed, for the purposes of— (i) an investigation, board of inquiry, coroner’s inquest or proceeding for an offence against this Act that is likely to be started; or (ii) an investigation, board of inquiry, coroner’s inquest or proceeding for an offence against this Act that has been started but not completed; or (iii) an appeal from a decision in a proceeding for an offence against this Act; or\n- (i) an investigation, board of inquiry, coroner’s inquest or proceeding for an offence against this Act that is likely to be started; or\n- (ii) an investigation, board of inquiry, coroner’s inquest or proceeding for an offence against this Act that has been started but not completed; or\n- (iii) an appeal from a decision in a proceeding for an offence against this Act; or\n- (i) an investigation, board of inquiry, coroner’s inquest or proceeding for an offence against this Act that is likely to be started; or\n- (ii) an investigation, board of inquiry, coroner’s inquest or proceeding for an offence against this Act that has been started but not completed; or\n- (iii) an appeal from a decision in a proceeding for an offence against this Act; or\n- (c) it is not lawful for the owner to possess the thing.","sortOrder":155},{"sectionNumber":"sec.96","sectionType":"section","heading":"Power to require personal details","content":"### sec.96 Power to require personal details\n\nThis section applies if an inspector—\nfinds a person committing an offence against this Act; or\nfinds a person in circumstances that lead the inspector to reasonably suspect the person has just committed an offence against this Act; or\nhas information that leads the inspector to reasonably suspect a person has just committed an offence against this Act.\nThe inspector may require the person to state the person’s name and residential address.\nThe inspector may also require the person to give evidence of the correctness of the stated name or address if, in the circumstances, it would be reasonable to expect the person to—\nbe in possession of evidence of the correctness of the stated name or address; or\notherwise be able to give the evidence.\nWhen making a requirement under this section, the inspector must give the person an offence warning for the requirement.\nIn this section—\noffence warning , for a requirement by an inspector, means a warning that, without a reasonable excuse, it is an offence for the person of whom the requirement is made not to comply with the requirement.\nreasonably suspect means suspect on grounds that are reasonable in the circumstances.\ns 96 sub 2024 No. 34 s 123\n(sec.96-ssec.1) This section applies if an inspector— finds a person committing an offence against this Act; or finds a person in circumstances that lead the inspector to reasonably suspect the person has just committed an offence against this Act; or has information that leads the inspector to reasonably suspect a person has just committed an offence against this Act.\n(sec.96-ssec.2) The inspector may require the person to state the person’s name and residential address.\n(sec.96-ssec.3) The inspector may also require the person to give evidence of the correctness of the stated name or address if, in the circumstances, it would be reasonable to expect the person to— be in possession of evidence of the correctness of the stated name or address; or otherwise be able to give the evidence.\n(sec.96-ssec.4) When making a requirement under this section, the inspector must give the person an offence warning for the requirement.\n(sec.96-ssec.5) In this section— offence warning , for a requirement by an inspector, means a warning that, without a reasonable excuse, it is an offence for the person of whom the requirement is made not to comply with the requirement. reasonably suspect means suspect on grounds that are reasonable in the circumstances.\n- (a) finds a person committing an offence against this Act; or\n- (b) finds a person in circumstances that lead the inspector to reasonably suspect the person has just committed an offence against this Act; or\n- (c) has information that leads the inspector to reasonably suspect a person has just committed an offence against this Act.\n- (a) be in possession of evidence of the correctness of the stated name or address; or\n- (b) otherwise be able to give the evidence.","sortOrder":156},{"sectionNumber":"sec.96A","sectionType":"section","heading":"Offence to contravene personal details requirement","content":"### sec.96A Offence to contravene personal details requirement\n\nA person of whom a requirement is made under section 96 must comply with the requirement unless the person has a reasonable excuse.\nMaximum penalty—100 penalty units.\nA person may not be convicted of an offence against subsection (1) unless the person is found guilty of the offence in relation to which the requirement under section 96 was made.\ns 96A ins 2024 No. 34 s 123\n(sec.96A-ssec.1) A person of whom a requirement is made under section 96 must comply with the requirement unless the person has a reasonable excuse. Maximum penalty—100 penalty units.\n(sec.96A-ssec.2) A person may not be convicted of an offence against subsection (1) unless the person is found guilty of the offence in relation to which the requirement under section 96 was made.","sortOrder":157},{"sectionNumber":"sec.97","sectionType":"section","heading":"Power to require attendance of persons before an inspector to answer questions","content":"### sec.97 Power to require attendance of persons before an inspector to answer questions\n\nThe chief inspector may require a person to attend before an inspector and to answer questions—\nrelevant to the discharge of the person’s obligations under this Act; or\non health, safety or security matters relevant to explosives; or\nto ascertain whether this Act is being complied with; or\nrelevant to any action carried out by the inspector under this Act.\nA requirement made of a person under this section to attend before an inspector must—\nbe made by written notice given to the person; and\nstate a reasonable time and place for the person’s attendance.\nWhen making a requirement under this section, the chief inspector must warn the person it is an offence to fail to comply with the requirement, unless the person has a reasonable excuse.\ns 97 amd 2019 No. 7 s 70\n(sec.97-ssec.1) The chief inspector may require a person to attend before an inspector and to answer questions— relevant to the discharge of the person’s obligations under this Act; or on health, safety or security matters relevant to explosives; or to ascertain whether this Act is being complied with; or relevant to any action carried out by the inspector under this Act.\n(sec.97-ssec.2) A requirement made of a person under this section to attend before an inspector must— be made by written notice given to the person; and state a reasonable time and place for the person’s attendance.\n(sec.97-ssec.3) When making a requirement under this section, the chief inspector must warn the person it is an offence to fail to comply with the requirement, unless the person has a reasonable excuse.\n- (a) relevant to the discharge of the person’s obligations under this Act; or\n- (b) on health, safety or security matters relevant to explosives; or\n- (c) to ascertain whether this Act is being complied with; or\n- (d) relevant to any action carried out by the inspector under this Act.\n- (a) be made by written notice given to the person; and\n- (b) state a reasonable time and place for the person’s attendance.","sortOrder":158},{"sectionNumber":"sec.98","sectionType":"section","heading":"Failure to comply with requirement about attendance","content":"### sec.98 Failure to comply with requirement about attendance\n\nA person of whom a requirement is made under section 97 must not, unless the person has a reasonable excuse—\nfail to attend before an inspector at the time and place stated in the relevant notice; or\nwhen attending before an inspector, fail to comply with a requirement to answer a question.\nMaximum penalty—40 penalty units.\nIt is a reasonable excuse for an individual not to comply with a requirement to answer a question if complying with the requirement might tend to incriminate the individual or make the individual liable to a penalty.\ns 98 amd 2011 No. 2 s 36\n(sec.98-ssec.1) A person of whom a requirement is made under section 97 must not, unless the person has a reasonable excuse— fail to attend before an inspector at the time and place stated in the relevant notice; or when attending before an inspector, fail to comply with a requirement to answer a question. Maximum penalty—40 penalty units.\n(sec.98-ssec.2) It is a reasonable excuse for an individual not to comply with a requirement to answer a question if complying with the requirement might tend to incriminate the individual or make the individual liable to a penalty.\n- (a) fail to attend before an inspector at the time and place stated in the relevant notice; or\n- (b) when attending before an inspector, fail to comply with a requirement to answer a question.","sortOrder":159},{"sectionNumber":"sec.99","sectionType":"section","heading":"False or misleading information","content":"### sec.99 False or misleading information\n\nA person must not, in relation to the administration of this Act, give an inspector or authorised officer information the person knows is false or misleading in a material particular.\nMaximum penalty—100 penalty units.\nSubsection (1) does not apply to a person if the person, when giving information in a document—\ntells the inspector or authorised officer, to the best of the person’s ability, how the document is false or misleading; and\nif the person has, or can reasonably obtain, the correct information—gives the correct information.\ns 99 sub 2019 No. 7 s 71\namd 2024 No. 34 s 124\n(sec.99-ssec.1) A person must not, in relation to the administration of this Act, give an inspector or authorised officer information the person knows is false or misleading in a material particular. Maximum penalty—100 penalty units.\n(sec.99-ssec.2) Subsection (1) does not apply to a person if the person, when giving information in a document— tells the inspector or authorised officer, to the best of the person’s ability, how the document is false or misleading; and if the person has, or can reasonably obtain, the correct information—gives the correct information.\n- (a) tells the inspector or authorised officer, to the best of the person’s ability, how the document is false or misleading; and\n- (b) if the person has, or can reasonably obtain, the correct information—gives the correct information.","sortOrder":160},{"sectionNumber":"sec.99A","sectionType":"section","heading":"Person not to encourage or influence refusal to answer questions","content":"### sec.99A Person not to encourage or influence refusal to answer questions\n\nA person must not encourage or influence, or attempt to encourage or influence, another person to refuse to answer questions asked of the person by an inspector or authorised officer.\nMaximum penalty—40 penalty units.\nTo remove any doubt, it is declared that subsection (1) does not apply to the provision of legal advice to a person by a lawyer.\ns 99A ins 2019 No. 7 s 71\n(sec.99A-ssec.1) A person must not encourage or influence, or attempt to encourage or influence, another person to refuse to answer questions asked of the person by an inspector or authorised officer. Maximum penalty—40 penalty units.\n(sec.99A-ssec.2) To remove any doubt, it is declared that subsection (1) does not apply to the provision of legal advice to a person by a lawyer.","sortOrder":161},{"sectionNumber":"sec.100","sectionType":"section","heading":"Power to require production of documents","content":"### sec.100 Power to require production of documents\n\nAn inspector may require a person to produce to the inspector, for inspection, a document this Act requires the person to hold or keep.\nThe person must produce the document, unless the person has a reasonable excuse for not producing it.\nMaximum penalty—100 penalty units.\nIt is not a reasonable excuse to fail to produce the document that producing the document might tend to incriminate the person or make the person liable to a penalty.\nThe inspector may keep a document that is produced—\nto take an extract from the document; or\nto make a copy of it.\nThe inspector must return the document to the person as soon as practicable after taking the extract or making the copy.\ns 100 amd 2011 No. 2 s 37; 2024 No. 34 s 125\n(sec.100-ssec.1) An inspector may require a person to produce to the inspector, for inspection, a document this Act requires the person to hold or keep.\n(sec.100-ssec.2) The person must produce the document, unless the person has a reasonable excuse for not producing it. Maximum penalty—100 penalty units.\n(sec.100-ssec.3) It is not a reasonable excuse to fail to produce the document that producing the document might tend to incriminate the person or make the person liable to a penalty.\n(sec.100-ssec.4) The inspector may keep a document that is produced— to take an extract from the document; or to make a copy of it.\n(sec.100-ssec.5) The inspector must return the document to the person as soon as practicable after taking the extract or making the copy.\n- (a) to take an extract from the document; or\n- (b) to make a copy of it.","sortOrder":162},{"sectionNumber":"sec.101","sectionType":"section","heading":null,"content":"### Section sec.101\n\ns 101 om 2019 No. 7 s 72","sortOrder":163},{"sectionNumber":"sec.102","sectionType":"section","heading":"Power to give direction about contravention","content":"### sec.102 Power to give direction about contravention\n\nThis section applies if an inspector reasonably suspects a person—\nhas contravened, or is contravening, this Act; or\nis involved in an activity that is likely to result in a contravention of this Act.\nThe inspector may give the person a written notice (a remedial action notice ) to take steps reasonably necessary to remedy the contravention or avoid the likely contravention.\nThe remedial action notice must state the following—\nthat the inspector believes the person—\nhas contravened, or is contravening, this Act; or\nis involved in an activity that is likely to result in a contravention of this Act;\nthe provision of this Act the inspector believes is being, has been, or is likely to be, contravened;\nthe reasons for the belief;\nthat the person must take steps reasonably necessary to remedy the contravention, or avoid the likely contravention, within a stated reasonable period.\nThe remedial action notice must include, or be accompanied by, an information notice about the decision to give the notice.\nIf the remedial action notice relates to a vehicle or thing, it may be given by securely attaching it to the vehicle or thing in a conspicuous position.\nA person to whom a remedial action notice has been given must comply with the notice unless the person has a reasonable excuse.\nMaximum penalty—the maximum penalty stated in the notice for the contravention of the provision by an individual.\nIf the remedial action notice states steps the person may take to remedy the contravention, or avoid the likely contravention, the subject of the notice, the person is taken to have complied with the notice if all the steps have been taken.\nSubsection (7) does not prevent the person from complying with the notice in another way.\nA person must not remove a remedial action notice from a vehicle or thing before the steps stated in the notice are taken.\nMaximum penalty for subsection (9) —100 penalty units.\nIn this section—\nreasonably suspects means suspects on grounds that are reasonable in the circumstances.\ns 102 amd 2019 No. 7 s 313 s ch 1 pt 3\nsub 2024 No. 34 s 126\n(sec.102-ssec.1) This section applies if an inspector reasonably suspects a person— has contravened, or is contravening, this Act; or is involved in an activity that is likely to result in a contravention of this Act.\n(sec.102-ssec.2) The inspector may give the person a written notice (a remedial action notice ) to take steps reasonably necessary to remedy the contravention or avoid the likely contravention.\n(sec.102-ssec.3) The remedial action notice must state the following— that the inspector believes the person— has contravened, or is contravening, this Act; or is involved in an activity that is likely to result in a contravention of this Act; the provision of this Act the inspector believes is being, has been, or is likely to be, contravened; the reasons for the belief; that the person must take steps reasonably necessary to remedy the contravention, or avoid the likely contravention, within a stated reasonable period.\n(sec.102-ssec.4) The remedial action notice must include, or be accompanied by, an information notice about the decision to give the notice.\n(sec.102-ssec.5) If the remedial action notice relates to a vehicle or thing, it may be given by securely attaching it to the vehicle or thing in a conspicuous position.\n(sec.102-ssec.6) A person to whom a remedial action notice has been given must comply with the notice unless the person has a reasonable excuse. Maximum penalty—the maximum penalty stated in the notice for the contravention of the provision by an individual.\n(sec.102-ssec.7) If the remedial action notice states steps the person may take to remedy the contravention, or avoid the likely contravention, the subject of the notice, the person is taken to have complied with the notice if all the steps have been taken.\n(sec.102-ssec.8) Subsection (7) does not prevent the person from complying with the notice in another way.\n(sec.102-ssec.9) A person must not remove a remedial action notice from a vehicle or thing before the steps stated in the notice are taken. Maximum penalty for subsection (9) —100 penalty units.\n(sec.102-ssec.10) In this section— reasonably suspects means suspects on grounds that are reasonable in the circumstances.\n- (a) has contravened, or is contravening, this Act; or\n- (b) is involved in an activity that is likely to result in a contravention of this Act.\n- (a) that the inspector believes the person— (i) has contravened, or is contravening, this Act; or (ii) is involved in an activity that is likely to result in a contravention of this Act;\n- (i) has contravened, or is contravening, this Act; or\n- (ii) is involved in an activity that is likely to result in a contravention of this Act;\n- (b) the provision of this Act the inspector believes is being, has been, or is likely to be, contravened;\n- (c) the reasons for the belief;\n- (d) that the person must take steps reasonably necessary to remedy the contravention, or avoid the likely contravention, within a stated reasonable period.\n- (i) has contravened, or is contravening, this Act; or\n- (ii) is involved in an activity that is likely to result in a contravention of this Act;","sortOrder":164},{"sectionNumber":"sec.103","sectionType":"section","heading":"Power to give direction in dangerous situation","content":"### sec.103 Power to give direction in dangerous situation\n\nThis section applies if an inspector reasonably believes—\na dangerous situation exists; and\na person is in a position to take steps to prevent, remove or minimise the danger.\nThe inspector may give the person a written notice (a dangerous situation notice ) requiring the person take the steps reasonably necessary to prevent, remove or minimise the danger.\nThe notice must state the following—\nthe situation the inspector believes is causing the danger;\nthe reasons for the belief;\nthat the person must remedy the situation within a stated reasonable time.\nThe notice may also state the steps the inspector reasonably believes are necessary to prevent, remove or minimise the danger.\nIf the notice relates to a vehicle or thing, it may be given by securely attaching it to the vehicle or thing in a conspicuous position.\nThe person must comply with the notice.\nMaximum penalty—200 penalty units.\nA person must not remove a dangerous situation notice from a vehicle or thing before the steps stated in the notice are taken.\nMaximum penalty for subsection (7) —100 penalty units.\ns 103 amd 2019 No. 7 s 313 s ch 1 pt 3\n(sec.103-ssec.1) This section applies if an inspector reasonably believes— a dangerous situation exists; and a person is in a position to take steps to prevent, remove or minimise the danger.\n(sec.103-ssec.2) The inspector may give the person a written notice (a dangerous situation notice ) requiring the person take the steps reasonably necessary to prevent, remove or minimise the danger.\n(sec.103-ssec.3) The notice must state the following— the situation the inspector believes is causing the danger; the reasons for the belief; that the person must remedy the situation within a stated reasonable time.\n(sec.103-ssec.4) The notice may also state the steps the inspector reasonably believes are necessary to prevent, remove or minimise the danger.\n(sec.103-ssec.5) If the notice relates to a vehicle or thing, it may be given by securely attaching it to the vehicle or thing in a conspicuous position.\n(sec.103-ssec.6) The person must comply with the notice. Maximum penalty—200 penalty units.\n(sec.103-ssec.7) A person must not remove a dangerous situation notice from a vehicle or thing before the steps stated in the notice are taken. Maximum penalty for subsection (7) —100 penalty units.\n- (a) a dangerous situation exists; and\n- (b) a person is in a position to take steps to prevent, remove or minimise the danger.\n- (a) the situation the inspector believes is causing the danger;\n- (b) the reasons for the belief;\n- (c) that the person must remedy the situation within a stated reasonable time.","sortOrder":165},{"sectionNumber":"sec.104","sectionType":"section","heading":"Preventing injury and damage—taking direct action","content":"### sec.104 Preventing injury and damage—taking direct action\n\nThis section applies if an inspector reasonably believes a dangerous situation exists and either—\na person given a remedial action or dangerous situation notice has not complied with the notice; or\nhaving regard to the nature of the situation, action under a remedial action or dangerous situation notice is inappropriate to prevent, remove or minimise the danger.\nThe inspector may take, or cause to be taken, the action the inspector reasonably believes is necessary to prevent, remove or minimise the danger.\nThe inspector must immediately—\nprepare a statement of reasons for taking the action; and\nif asked by a person affected by the action—give the person the statement of reasons.\nThe action an inspector may take includes asking someone the inspector reasonably believes has appropriate knowledge and experience to help the inspector prevent, remove or minimise the danger.\nThere is a traffic accident involving a vehicle transporting explosives at a location remote from an inspector. An inspector may, by telephone, ask the driver of the vehicle transporting explosives or a police officer with appropriate knowledge and experience to transfer the explosives to another vehicle for removal to another location.\nA person asked under subsection (4) to help an inspector is taken to have the powers of an inspector to the extent reasonably necessary for the person to help prevent, remove or minimise the danger.\n(sec.104-ssec.1) This section applies if an inspector reasonably believes a dangerous situation exists and either— a person given a remedial action or dangerous situation notice has not complied with the notice; or having regard to the nature of the situation, action under a remedial action or dangerous situation notice is inappropriate to prevent, remove or minimise the danger.\n(sec.104-ssec.2) The inspector may take, or cause to be taken, the action the inspector reasonably believes is necessary to prevent, remove or minimise the danger.\n(sec.104-ssec.3) The inspector must immediately— prepare a statement of reasons for taking the action; and if asked by a person affected by the action—give the person the statement of reasons.\n(sec.104-ssec.4) The action an inspector may take includes asking someone the inspector reasonably believes has appropriate knowledge and experience to help the inspector prevent, remove or minimise the danger. There is a traffic accident involving a vehicle transporting explosives at a location remote from an inspector. An inspector may, by telephone, ask the driver of the vehicle transporting explosives or a police officer with appropriate knowledge and experience to transfer the explosives to another vehicle for removal to another location.\n(sec.104-ssec.5) A person asked under subsection (4) to help an inspector is taken to have the powers of an inspector to the extent reasonably necessary for the person to help prevent, remove or minimise the danger.\n- (a) a person given a remedial action or dangerous situation notice has not complied with the notice; or\n- (b) having regard to the nature of the situation, action under a remedial action or dangerous situation notice is inappropriate to prevent, remove or minimise the danger.\n- (a) prepare a statement of reasons for taking the action; and\n- (b) if asked by a person affected by the action—give the person the statement of reasons.","sortOrder":166},{"sectionNumber":"sec.105","sectionType":"section","heading":"Obstruction of inspectors","content":"### sec.105 Obstruction of inspectors\n\nA person must not obstruct an inspector, or a person helping an inspector, in the exercise of a power under this Act, unless the person has a reasonable excuse.\nMaximum penalty—500 penalty units.\nIf a person obstructs an inspector in the exercise of a power under this Act and the inspector decides to exercise the power, the inspector must warn the person.\nIn warning the person, the inspector must tell the person—\nit is an offence to obstruct the inspector, unless the person has a reasonable excuse; and\nthe inspector considers the person’s conduct is an obstruction.\nIn this section—\nobstruct includes assault, hinder, resist and attempt or threaten to assault, hinder or resist.\ns 105 amd 2024 No. 34 s 127\n(sec.105-ssec.1) A person must not obstruct an inspector, or a person helping an inspector, in the exercise of a power under this Act, unless the person has a reasonable excuse. Maximum penalty—500 penalty units.\n(sec.105-ssec.2) If a person obstructs an inspector in the exercise of a power under this Act and the inspector decides to exercise the power, the inspector must warn the person.\n(sec.105-ssec.3) In warning the person, the inspector must tell the person— it is an offence to obstruct the inspector, unless the person has a reasonable excuse; and the inspector considers the person’s conduct is an obstruction.\n(sec.105-ssec.4) In this section— obstruct includes assault, hinder, resist and attempt or threaten to assault, hinder or resist.\n- (a) it is an offence to obstruct the inspector, unless the person has a reasonable excuse; and\n- (b) the inspector considers the person’s conduct is an obstruction.","sortOrder":167},{"sectionNumber":"sec.105AA","sectionType":"section","heading":"Impersonating inspectors or authorised officers","content":"### sec.105AA Impersonating inspectors or authorised officers\n\nA person must not impersonate an inspector or an authorised officer.\nMaximum penalty—100 penalty units.\ns 105AA ins 2019 No. 7 s 74","sortOrder":168},{"sectionNumber":"sec.105A","sectionType":"section","heading":"Definition for subdivision","content":"### sec.105A Definition for subdivision\n\nIn this subdivision—\nPublic Safety Preservation Act declaration means an emergency under the Public Safety Preservation Act 1986 .\ns 105A ins 2019 No. 7 s 75","sortOrder":169},{"sectionNumber":"sec.105B","sectionType":"section","heading":"Power to direct action in emergency","content":"### sec.105B Power to direct action in emergency\n\nThis section applies if—\nthe chief inspector reasonably believes there is a dangerous situation; and\nthe dangerous situation is happening within, or partly within—\nan area for which a disaster situation is in force under the Disaster Management Act 2003 ; or\nan area for which a Public Safety Preservation Act declaration is in force.\nThe chief inspector may direct an inspector to take any of the following actions the chief inspector reasonably believes necessary to prevent, remove or minimise the danger—\ngive an explosive to another person;\npurchase an explosive;\ngive equipment used in connection with explosives to another person;\ngive advice about explosives to another person;\nuse an explosive.\nAn inspector directed by the chief inspector under subsection (2) to take an action is authorised to take that action.\ns 105B ins 2019 No. 7 s 75\n(sec.105B-ssec.1) This section applies if— the chief inspector reasonably believes there is a dangerous situation; and the dangerous situation is happening within, or partly within— an area for which a disaster situation is in force under the Disaster Management Act 2003 ; or an area for which a Public Safety Preservation Act declaration is in force.\n(sec.105B-ssec.2) The chief inspector may direct an inspector to take any of the following actions the chief inspector reasonably believes necessary to prevent, remove or minimise the danger— give an explosive to another person; purchase an explosive; give equipment used in connection with explosives to another person; give advice about explosives to another person; use an explosive.\n(sec.105B-ssec.3) An inspector directed by the chief inspector under subsection (2) to take an action is authorised to take that action.\n- (a) the chief inspector reasonably believes there is a dangerous situation; and\n- (b) the dangerous situation is happening within, or partly within— (i) an area for which a disaster situation is in force under the Disaster Management Act 2003 ; or (ii) an area for which a Public Safety Preservation Act declaration is in force.\n- (i) an area for which a disaster situation is in force under the Disaster Management Act 2003 ; or\n- (ii) an area for which a Public Safety Preservation Act declaration is in force.\n- (i) an area for which a disaster situation is in force under the Disaster Management Act 2003 ; or\n- (ii) an area for which a Public Safety Preservation Act declaration is in force.\n- (a) give an explosive to another person;\n- (b) purchase an explosive;\n- (c) give equipment used in connection with explosives to another person;\n- (d) give advice about explosives to another person;\n- (e) use an explosive.","sortOrder":170},{"sectionNumber":"sec.105C","sectionType":"section","heading":"Relationship to Public Safety Preservation Act 1986","content":"### sec.105C Relationship to Public Safety Preservation Act 1986\n\nA commander, for a Public Safety Preservation Act declaration, may give directions about the circumstances in which the power under section 105B may be exercised by the chief inspector during the period the declaration is in force.\nSee the Disaster Management Act 2003 , section 9 , for the relationship between section 105B and that Act.\nHowever, the commander must not give directions about the way in which the power may be exercised.\nA direction under subsection (1) may be given only if it is necessary for effective management of the situation for which the Public Safety Preservation Act declaration is in force.\nIn this section—\nCBR emergency see the Public Safety Preservation Act 1986 , section 12 (1) .\ncommander , for a Public Safety Preservation Act declaration, means—\nfor an emergency situation declared under the Public Safety Preservation Act 1986 , section 5 —the emergency commander who declared the existence of the emergency situation; or\nfor a terrorist emergency—a terrorist emergency commander, terrorist emergency forward commander or TERC commander for the terrorist emergency under the Public Safety Preservation Act 1986 ; or\nfor a CBR emergency—a CBRE commander for the CBR emergency under the Public Safety Preservation Act 1986 .\nterrorist emergency see the Public Safety Preservation Act 1986 , schedule.\ns 105C ins 2019 No. 7 s 75\n(sec.105C-ssec.1) A commander, for a Public Safety Preservation Act declaration, may give directions about the circumstances in which the power under section 105B may be exercised by the chief inspector during the period the declaration is in force. See the Disaster Management Act 2003 , section 9 , for the relationship between section 105B and that Act.\n(sec.105C-ssec.2) However, the commander must not give directions about the way in which the power may be exercised.\n(sec.105C-ssec.3) A direction under subsection (1) may be given only if it is necessary for effective management of the situation for which the Public Safety Preservation Act declaration is in force.\n(sec.105C-ssec.4) In this section— CBR emergency see the Public Safety Preservation Act 1986 , section 12 (1) . commander , for a Public Safety Preservation Act declaration, means— for an emergency situation declared under the Public Safety Preservation Act 1986 , section 5 —the emergency commander who declared the existence of the emergency situation; or for a terrorist emergency—a terrorist emergency commander, terrorist emergency forward commander or TERC commander for the terrorist emergency under the Public Safety Preservation Act 1986 ; or for a CBR emergency—a CBRE commander for the CBR emergency under the Public Safety Preservation Act 1986 . terrorist emergency see the Public Safety Preservation Act 1986 , schedule.\n- (a) for an emergency situation declared under the Public Safety Preservation Act 1986 , section 5 —the emergency commander who declared the existence of the emergency situation; or\n- (b) for a terrorist emergency—a terrorist emergency commander, terrorist emergency forward commander or TERC commander for the terrorist emergency under the Public Safety Preservation Act 1986 ; or\n- (c) for a CBR emergency—a CBRE commander for the CBR emergency under the Public Safety Preservation Act 1986 .","sortOrder":171},{"sectionNumber":"pt.6-div.2A","sectionType":"division","heading":"Authorised officers","content":"## Authorised officers","sortOrder":172},{"sectionNumber":"sec.105D","sectionType":"section","heading":"Appointments","content":"### sec.105D Appointments\n\nThe chief inspector may, by instrument in writing, appoint a public service employee as an authorised officer.\ns 105D ins 2019 No. 7 s 76","sortOrder":173},{"sectionNumber":"sec.105E","sectionType":"section","heading":"Appointment conditions and limit on powers","content":"### sec.105E Appointment conditions and limit on powers\n\nAn authorised officer holds office on the conditions stated in—\nthe officer’s instrument of appointment; or\na signed notice given to the officer; or\na regulation.\nThe instrument of appointment, a signed notice given to the authorised officer or a regulation may limit the officer’s powers.\nAn authorised officer is subject to the directions of the CEO and the chief inspector.\nIn this section—\nsigned notice means a notice signed by the chief inspector.\ns 105E ins 2019 No. 7 s 76\namd 2024 No. 34 s 128\n(sec.105E-ssec.1) An authorised officer holds office on the conditions stated in— the officer’s instrument of appointment; or a signed notice given to the officer; or a regulation.\n(sec.105E-ssec.2) The instrument of appointment, a signed notice given to the authorised officer or a regulation may limit the officer’s powers.\n(sec.105E-ssec.3) An authorised officer is subject to the directions of the CEO and the chief inspector.\n(sec.105E-ssec.4) In this section— signed notice means a notice signed by the chief inspector.\n- (a) the officer’s instrument of appointment; or\n- (b) a signed notice given to the officer; or\n- (c) a regulation.","sortOrder":174},{"sectionNumber":"sec.105F","sectionType":"section","heading":"Functions of authorised officers","content":"### sec.105F Functions of authorised officers\n\nAn authorised officer has the following functions—\nto investigate and enforce compliance with this Act;\nto inspect and monitor the handling of, and access to, explosives by holders of authorities and other persons;\nto give advice about the handling of, and access to, explosives to protect public safety, property and the environment;\nto recover and dispose of explosives to protect public health and safety;\nto make recommendations to the chief inspector about—\napplications for security clearances and authorities; or\nthe investigation and enforcement of compliance with this Act; or\nother matters about explosives as required by the chief inspector.\ns 105F ins 2019 No. 7 s 76\n- (a) to investigate and enforce compliance with this Act;\n- (b) to inspect and monitor the handling of, and access to, explosives by holders of authorities and other persons;\n- (c) to give advice about the handling of, and access to, explosives to protect public safety, property and the environment;\n- (d) to recover and dispose of explosives to protect public health and safety;\n- (e) to make recommendations to the chief inspector about— (i) applications for security clearances and authorities; or (ii) the investigation and enforcement of compliance with this Act; or (iii) other matters about explosives as required by the chief inspector.\n- (i) applications for security clearances and authorities; or\n- (ii) the investigation and enforcement of compliance with this Act; or\n- (iii) other matters about explosives as required by the chief inspector.\n- (i) applications for security clearances and authorities; or\n- (ii) the investigation and enforcement of compliance with this Act; or\n- (iii) other matters about explosives as required by the chief inspector.","sortOrder":175},{"sectionNumber":"sec.105G","sectionType":"section","heading":"Authorised officer’s identity card","content":"### sec.105G Authorised officer’s identity card\n\nThe chief inspector must give each authorised officer an identity card.\nThe identity card must—\ncontain a recent photo of the authorised officer; and\nbe signed by the authorised officer; and\nidentify the person as an authorised officer under this Act; and\nstate an expiry date for the card.\nA person who stops being an authorised officer must return the person’s identity card to the chief inspector as soon as possible (but within 21 days) after the person stops being an authorised officer, unless the person has a reasonable excuse.\nMaximum penalty—20 penalty units.\nThis section does not prevent the giving of a single identity card to a person for this Act and other Acts or for other purposes.\ns 105G ins 2019 No. 7 s 76\n(sec.105G-ssec.1) The chief inspector must give each authorised officer an identity card.\n(sec.105G-ssec.2) The identity card must— contain a recent photo of the authorised officer; and be signed by the authorised officer; and identify the person as an authorised officer under this Act; and state an expiry date for the card.\n(sec.105G-ssec.3) A person who stops being an authorised officer must return the person’s identity card to the chief inspector as soon as possible (but within 21 days) after the person stops being an authorised officer, unless the person has a reasonable excuse. Maximum penalty—20 penalty units.\n(sec.105G-ssec.4) This section does not prevent the giving of a single identity card to a person for this Act and other Acts or for other purposes.\n- (a) contain a recent photo of the authorised officer; and\n- (b) be signed by the authorised officer; and\n- (c) identify the person as an authorised officer under this Act; and\n- (d) state an expiry date for the card.","sortOrder":176},{"sectionNumber":"pt.6-div.3","sectionType":"division","heading":"Seized things to be forfeited to the State","content":"## Seized things to be forfeited to the State","sortOrder":177},{"sectionNumber":"sec.106","sectionType":"section","heading":"Power to declare seized things forfeited","content":"### sec.106 Power to declare seized things forfeited\n\nThis section applies if a seized thing is an explosive, an ingredient of an explosive or a package containing an explosive.\nThe Minister may declare the seized thing to be forfeited to the State even though no-one has been prosecuted for, or convicted of, an offence in relation to it if the Minister considers that the return of it to its owner—\nwould contravene a provision of this Act; or\nwould not be in the interests of public safety.\n(sec.106-ssec.1) This section applies if a seized thing is an explosive, an ingredient of an explosive or a package containing an explosive.\n(sec.106-ssec.2) The Minister may declare the seized thing to be forfeited to the State even though no-one has been prosecuted for, or convicted of, an offence in relation to it if the Minister considers that the return of it to its owner— would contravene a provision of this Act; or would not be in the interests of public safety.\n- (a) would contravene a provision of this Act; or\n- (b) would not be in the interests of public safety.","sortOrder":178},{"sectionNumber":"pt.6-div.4","sectionType":"division","heading":"Injunctions","content":"## Injunctions","sortOrder":179},{"sectionNumber":"sec.106A","sectionType":"section","heading":"Applying for injunction","content":"### sec.106A Applying for injunction\n\nThe CEO or the chief inspector may apply to the District Court for an injunction under this division.\nAn injunction under this division may be granted by the District Court against a person at any time.\ns 106A ins 2011 No. 2 s 38\namd 2020 No. 10 s 94\n(sec.106A-ssec.1) The CEO or the chief inspector may apply to the District Court for an injunction under this division.\n(sec.106A-ssec.2) An injunction under this division may be granted by the District Court against a person at any time. s 106A ins 2011 No. 2 s 38 amd 2020 No. 10 s 94","sortOrder":180},{"sectionNumber":"sec.106B","sectionType":"section","heading":"Grounds for injunction","content":"### sec.106B Grounds for injunction\n\nThe District Court may grant an injunction if the court is satisfied that a person has engaged, or is proposing to engage, in conduct that constitutes or would constitute—\na contravention of this Act; or\nattempting to contravene this Act; or\naiding, abetting, counselling or procuring a person to contravene this Act; or\ninducing or attempting to induce, whether by threats, promises or otherwise, a person to contravene this Act; or\nbeing in any way, directly or indirectly, knowingly concerned in, or party to, the contravention of this Act by a person; or\nconspiring with others to contravene this Act.\ns 106B ins 2011 No. 2 s 38\n- (a) a contravention of this Act; or\n- (b) attempting to contravene this Act; or\n- (c) aiding, abetting, counselling or procuring a person to contravene this Act; or\n- (d) inducing or attempting to induce, whether by threats, promises or otherwise, a person to contravene this Act; or\n- (e) being in any way, directly or indirectly, knowingly concerned in, or party to, the contravention of this Act by a person; or\n- (f) conspiring with others to contravene this Act.","sortOrder":181},{"sectionNumber":"sec.106C","sectionType":"section","heading":"Court’s powers for injunction","content":"### sec.106C Court’s powers for injunction\n\nThe power of the District Court to grant an injunction restraining a person from engaging in conduct may be exercised—\nwhether or not it appears to the court that the person intends to engage again, or to continue to engage, in conduct of that kind; and\nwhether or not the person has previously engaged in conduct of that kind.\nThe power of the court to grant an injunction requiring a person to do an act or thing may be exercised—\nwhether or not it appears to the court that the person intends to fail again, or to continue to fail, to do the act or thing; and\nwhether or not the person has previously failed to do the act or thing.\nAn interim injunction may be granted under this part until the application is finally decided.\nThe court may rescind or vary an injunction at any time.\ns 106C ins 2011 No. 2 s 38\n(sec.106C-ssec.1) The power of the District Court to grant an injunction restraining a person from engaging in conduct may be exercised— whether or not it appears to the court that the person intends to engage again, or to continue to engage, in conduct of that kind; and whether or not the person has previously engaged in conduct of that kind.\n(sec.106C-ssec.2) The power of the court to grant an injunction requiring a person to do an act or thing may be exercised— whether or not it appears to the court that the person intends to fail again, or to continue to fail, to do the act or thing; and whether or not the person has previously failed to do the act or thing.\n(sec.106C-ssec.3) An interim injunction may be granted under this part until the application is finally decided.\n(sec.106C-ssec.4) The court may rescind or vary an injunction at any time.\n- (a) whether or not it appears to the court that the person intends to engage again, or to continue to engage, in conduct of that kind; and\n- (b) whether or not the person has previously engaged in conduct of that kind.\n- (a) whether or not it appears to the court that the person intends to fail again, or to continue to fail, to do the act or thing; and\n- (b) whether or not the person has previously failed to do the act or thing.","sortOrder":182},{"sectionNumber":"sec.106D","sectionType":"section","heading":"Terms of injunction","content":"### sec.106D Terms of injunction\n\nThe District Court may grant an injunction in the terms the court considers appropriate.\nWithout limiting the court’s power under subsection (1) , an injunction may be granted restraining a person from carrying on particular activities—\nfor a stated period; or\nexcept on stated terms and conditions.\nAlso, the court may grant an injunction requiring a person to take stated action, including action to disclose or publish information, to remedy any adverse consequences of the person’s contravention of this Act.\ns 106D ins 2011 No. 2 s 38\n(sec.106D-ssec.1) The District Court may grant an injunction in the terms the court considers appropriate.\n(sec.106D-ssec.2) Without limiting the court’s power under subsection (1) , an injunction may be granted restraining a person from carrying on particular activities— for a stated period; or except on stated terms and conditions.\n(sec.106D-ssec.3) Also, the court may grant an injunction requiring a person to take stated action, including action to disclose or publish information, to remedy any adverse consequences of the person’s contravention of this Act.\n- (a) for a stated period; or\n- (b) except on stated terms and conditions.","sortOrder":183},{"sectionNumber":"pt.7","sectionType":"part","heading":"Review of decisions","content":"# Review of decisions","sortOrder":184},{"sectionNumber":"pt.7-div.1","sectionType":"division","heading":"Internal review of decisions","content":"## Internal review of decisions","sortOrder":185},{"sectionNumber":"sec.107","sectionType":"section","heading":"Application for internal review of decision under s 56A , 102 or 103","content":"### sec.107 Application for internal review of decision under s 56A , 102 or 103\n\nA person given a notice under section 56A , 102 or 103 by an inspector (other than the chief inspector) may apply to the chief inspector for the decision to give the notice (the original decision ) to be reviewed.\nThe application must be made within 14 days after the notice is given.\ns 107 amd 2009 No. 24 s 492 ; 2019 No. 7 s 313 s ch 1 pt 3\n(sec.107-ssec.1) A person given a notice under section 56A , 102 or 103 by an inspector (other than the chief inspector) may apply to the chief inspector for the decision to give the notice (the original decision ) to be reviewed.\n(sec.107-ssec.2) The application must be made within 14 days after the notice is given.","sortOrder":186},{"sectionNumber":"sec.108","sectionType":"section","heading":"Application for internal review of action under s 104","content":"### sec.108 Application for internal review of action under s 104\n\nA person aggrieved by action being taken under section 104 by an inspector (other than the chief inspector) may apply to the chief inspector for the decision to take the action to be reviewed.\nThe application must be made within 14 days after the person is given the statement of reasons for the action.\ns 108 amd 2009 No. 24 s 493\n(sec.108-ssec.1) A person aggrieved by action being taken under section 104 by an inspector (other than the chief inspector) may apply to the chief inspector for the decision to take the action to be reviewed.\n(sec.108-ssec.2) The application must be made within 14 days after the person is given the statement of reasons for the action.","sortOrder":187},{"sectionNumber":"sec.109","sectionType":"section","heading":"Applying for internal review","content":"### sec.109 Applying for internal review\n\nAn application for an internal review under section 107 or 108 —\nmust be made in writing; and\nmust state the grounds on which the person seeks internal review of the decision; and\nmay be accompanied by any relevant information the person wants considered in the internal review; and\nmust state an address for service of the decision on the internal review (the internal review decision ).\nThe chief inspector must, within 14 days after receiving the application, review the decision and—\nconfirm the decision; or\nvary the decision; or\nset aside the decision and substitute another decision.\nThe application does not stay the original decision.\nThe chief inspector can not delegate the internal review to—\nthe inspector who made the original decision; or\na person in a less senior position than the inspector who made the decision under internal review.\nWithin 7 days after making the internal review decision, the chief inspector must give the applicant an information notice.\nIf the chief inspector does not comply with subsection (2) or (5) , the chief inspector is taken to have made a decision confirming the original decision.\ns 109 amd 2009 No. 24 s 494\n(sec.109-ssec.1) An application for an internal review under section 107 or 108 — must be made in writing; and must state the grounds on which the person seeks internal review of the decision; and may be accompanied by any relevant information the person wants considered in the internal review; and must state an address for service of the decision on the internal review (the internal review decision ).\n(sec.109-ssec.2) The chief inspector must, within 14 days after receiving the application, review the decision and— confirm the decision; or vary the decision; or set aside the decision and substitute another decision.\n(sec.109-ssec.3) The application does not stay the original decision.\n(sec.109-ssec.4) The chief inspector can not delegate the internal review to— the inspector who made the original decision; or a person in a less senior position than the inspector who made the decision under internal review.\n(sec.109-ssec.5) Within 7 days after making the internal review decision, the chief inspector must give the applicant an information notice.\n(sec.109-ssec.6) If the chief inspector does not comply with subsection (2) or (5) , the chief inspector is taken to have made a decision confirming the original decision.\n- (a) must be made in writing; and\n- (b) must state the grounds on which the person seeks internal review of the decision; and\n- (c) may be accompanied by any relevant information the person wants considered in the internal review; and\n- (d) must state an address for service of the decision on the internal review (the internal review decision ).\n- (a) confirm the decision; or\n- (b) vary the decision; or\n- (c) set aside the decision and substitute another decision.\n- (a) the inspector who made the original decision; or\n- (b) a person in a less senior position than the inspector who made the decision under internal review.","sortOrder":188},{"sectionNumber":"sec.110","sectionType":"section","heading":"Stay of operation of decision","content":"### sec.110 Stay of operation of decision\n\nIf an application is made for internal review of an original decision, the applicant may immediately apply, as provided under the QCAT Act , to QCAT for a stay of the decision.\nQCAT may stay the decision to secure the effectiveness of the internal review or a later application for external review to QCAT.\nA stay—\nmay be given on conditions QCAT considers appropriate; and\noperates for the period fixed by QCAT; and\nmay be revoked or amended by QCAT.\nThe period of a stay must not extend past the time when the chief inspector reviews the original decision and any later period QCAT allows the applicant to enable the applicant to apply for an external review of the internal review decision.\nAn application for internal review of a decision affects the decision, or carrying out of the decision, only if the decision is stayed.\ns 110 amd 2009 No. 24 s 495\n(sec.110-ssec.1) If an application is made for internal review of an original decision, the applicant may immediately apply, as provided under the QCAT Act , to QCAT for a stay of the decision.\n(sec.110-ssec.2) QCAT may stay the decision to secure the effectiveness of the internal review or a later application for external review to QCAT.\n(sec.110-ssec.3) A stay— may be given on conditions QCAT considers appropriate; and operates for the period fixed by QCAT; and may be revoked or amended by QCAT.\n(sec.110-ssec.4) The period of a stay must not extend past the time when the chief inspector reviews the original decision and any later period QCAT allows the applicant to enable the applicant to apply for an external review of the internal review decision.\n(sec.110-ssec.5) An application for internal review of a decision affects the decision, or carrying out of the decision, only if the decision is stayed.\n- (a) may be given on conditions QCAT considers appropriate; and\n- (b) operates for the period fixed by QCAT; and\n- (c) may be revoked or amended by QCAT.","sortOrder":189},{"sectionNumber":"pt.7-div.2","sectionType":"division","heading":"External reviews by QCAT","content":"## External reviews by QCAT","sortOrder":190},{"sectionNumber":"sec.111","sectionType":"section","heading":"Application for external review","content":"### sec.111 Application for external review\n\nAn applicant for an authority may apply, as provided under the QCAT Act , for an external review of the chief inspector’s decision to refuse to grant the authority.\nAn applicant for a security clearance may apply, as provided under the QCAT Act , for an external review of the chief inspector’s decision to refuse to give the security clearance.\nA person aggrieved by a review decision of the chief inspector under section 109 may apply, as provided under the QCAT Act , for an external review of the decision.\nAn authority holder may apply, as provided under the QCAT Act , for an external review of a decision of the chief inspector to require the holder to investigate an explosives incident.\nAn authority holder may apply, as provided under the QCAT Act , for an external review of any of the following decisions of the chief inspector—\na decision to impose a condition on the holder’s authority;\na decision to amend or refuse to amend a condition of the holder’s authority;\na decision to suspend or cancel the holder’s authority;\na decision to refuse to renew the holder’s authority;\na decision to refuse to replace the holder’s authority.\nThe holder of a security clearance may apply, as provided under the QCAT Act , for an external review of any of the following decisions of the chief inspector—\na decision to suspend or cancel the security clearance;\na decision to refuse to renew the security clearance;\na decision to refuse to replace the security clearance.\nAn owner of a seized thing who is given an information notice under section 95 (3) (a) for a decision to retain the thing may apply, as provided under the QCAT Act , for an external review of the decision.\ns 111 amd 2009 No. 24 s 497 ; 2014 No. 64 s 212C ; 2019 No. 7 s 77\n(sec.111-ssec.1) An applicant for an authority may apply, as provided under the QCAT Act , for an external review of the chief inspector’s decision to refuse to grant the authority.\n(sec.111-ssec.2) An applicant for a security clearance may apply, as provided under the QCAT Act , for an external review of the chief inspector’s decision to refuse to give the security clearance.\n(sec.111-ssec.3) A person aggrieved by a review decision of the chief inspector under section 109 may apply, as provided under the QCAT Act , for an external review of the decision.\n(sec.111-ssec.4) An authority holder may apply, as provided under the QCAT Act , for an external review of a decision of the chief inspector to require the holder to investigate an explosives incident.\n(sec.111-ssec.5) An authority holder may apply, as provided under the QCAT Act , for an external review of any of the following decisions of the chief inspector— a decision to impose a condition on the holder’s authority; a decision to amend or refuse to amend a condition of the holder’s authority; a decision to suspend or cancel the holder’s authority; a decision to refuse to renew the holder’s authority; a decision to refuse to replace the holder’s authority.\n(sec.111-ssec.6) The holder of a security clearance may apply, as provided under the QCAT Act , for an external review of any of the following decisions of the chief inspector— a decision to suspend or cancel the security clearance; a decision to refuse to renew the security clearance; a decision to refuse to replace the security clearance.\n(sec.111-ssec.7) An owner of a seized thing who is given an information notice under section 95 (3) (a) for a decision to retain the thing may apply, as provided under the QCAT Act , for an external review of the decision.\n- (a) a decision to impose a condition on the holder’s authority;\n- (b) a decision to amend or refuse to amend a condition of the holder’s authority;\n- (c) a decision to suspend or cancel the holder’s authority;\n- (d) a decision to refuse to renew the holder’s authority;\n- (e) a decision to refuse to replace the holder’s authority.\n- (a) a decision to suspend or cancel the security clearance;\n- (b) a decision to refuse to renew the security clearance;\n- (c) a decision to refuse to replace the security clearance.","sortOrder":191},{"sectionNumber":"sec.112","sectionType":"section","heading":null,"content":"### Section sec.112\n\ns 112 om 2009 No. 24 s 498","sortOrder":192},{"sectionNumber":"sec.113","sectionType":"section","heading":null,"content":"### Section sec.113\n\ns 113 om 2009 No. 24 s 498","sortOrder":193},{"sectionNumber":"sec.114","sectionType":"section","heading":null,"content":"### Section sec.114\n\ns 114 om 2009 No. 24 s 498","sortOrder":194},{"sectionNumber":"sec.115","sectionType":"section","heading":null,"content":"### Section sec.115\n\ns 115 om 2009 No. 24 s 498","sortOrder":195},{"sectionNumber":"sec.116","sectionType":"section","heading":null,"content":"### Section sec.116\n\ns 116 om 2009 No. 24 s 498","sortOrder":196},{"sectionNumber":"pt.8","sectionType":"part","heading":"General","content":"# General","sortOrder":197},{"sectionNumber":"pt.8-div.1","sectionType":"division","heading":"General provisions about offences","content":"## General provisions about offences","sortOrder":198},{"sectionNumber":"sec.117","sectionType":"section","heading":"Liability of executive officer—offence committed by corporation against s 32 (1)","content":"### sec.117 Liability of executive officer—offence committed by corporation against s 32 (1)\n\nAn executive officer of a corporation commits an offence if—\nthe corporation commits an offence against section 32 (1) ; and\nthe officer did not take all reasonable steps to ensure the corporation did not engage in the conduct constituting the offence.\nMaximum penalty—the penalty for a contravention of section 32 (1) by an individual.\nIn deciding whether things done or omitted to be done by the executive officer constitute reasonable steps for subsection (1) (b) , a court must have regard to—\nwhether the officer knew, or ought reasonably to have known, of the corporation’s conduct constituting the offence against section 32 (1) ; and\nwhether the officer was in a position to influence the corporation’s conduct in relation to the offence against section 32 (1) ; and\nany other relevant matter.\nThe executive officer may be proceeded against for, and convicted of, an offence against subsection (1) whether or not the corporation has been proceeded against for, or convicted of, the offence against section 32 (1) .\nThis section does not affect—\nthe liability of the corporation for the offence against section 32 (1) ; or\nthe liability, under the Criminal Code , chapter 2 , of any person, whether or not the person is an executive officer of the corporation, for the offence against section 32 (1) .\ns 117 sub 2013 No. 51 s 45\n(sec.117-ssec.1) An executive officer of a corporation commits an offence if— the corporation commits an offence against section 32 (1) ; and the officer did not take all reasonable steps to ensure the corporation did not engage in the conduct constituting the offence. Maximum penalty—the penalty for a contravention of section 32 (1) by an individual.\n(sec.117-ssec.2) In deciding whether things done or omitted to be done by the executive officer constitute reasonable steps for subsection (1) (b) , a court must have regard to— whether the officer knew, or ought reasonably to have known, of the corporation’s conduct constituting the offence against section 32 (1) ; and whether the officer was in a position to influence the corporation’s conduct in relation to the offence against section 32 (1) ; and any other relevant matter.\n(sec.117-ssec.3) The executive officer may be proceeded against for, and convicted of, an offence against subsection (1) whether or not the corporation has been proceeded against for, or convicted of, the offence against section 32 (1) .\n(sec.117-ssec.4) This section does not affect— the liability of the corporation for the offence against section 32 (1) ; or the liability, under the Criminal Code , chapter 2 , of any person, whether or not the person is an executive officer of the corporation, for the offence against section 32 (1) .\n- (a) the corporation commits an offence against section 32 (1) ; and\n- (b) the officer did not take all reasonable steps to ensure the corporation did not engage in the conduct constituting the offence.\n- (a) whether the officer knew, or ought reasonably to have known, of the corporation’s conduct constituting the offence against section 32 (1) ; and\n- (b) whether the officer was in a position to influence the corporation’s conduct in relation to the offence against section 32 (1) ; and\n- (c) any other relevant matter.\n- (a) the liability of the corporation for the offence against section 32 (1) ; or\n- (b) the liability, under the Criminal Code , chapter 2 , of any person, whether or not the person is an executive officer of the corporation, for the offence against section 32 (1) .","sortOrder":199},{"sectionNumber":"sec.118","sectionType":"section","heading":"Proceedings for offences","content":"### sec.118 Proceedings for offences\n\nA charge of an offence against this Act, other than an offence against part 4A , must be heard and decided summarily.\nA proceeding for an offence against this Act may only be taken on the complaint of—\nif the offence is a serious offence—the WHS prosecutor; or\notherwise—the CEO or the WHS prosecutor.\nHowever, the CEO may authorise in writing another appropriately qualified person to take a proceeding for an offence mentioned in subsection (2) (b) .\nAn authorisation under subsection (3) may be general or limited to a particular proceeding or class of proceedings.\nAn authorisation under subsection (3) is sufficient authority to continue a proceeding if the court amends the charge, warrant or summons.\nIn deciding whether to bring a prosecution for an offence under this Act, the WHS prosecutor must have regard to any guidelines issued under the Director of Public Prosecutions Act 1984 , section 11 .\nA proceeding may be started within the latest of the following periods to end—\n2 years after the offence first comes to the notice of the complainant;\nif an enforceable undertaking has been given in relation to the offence, within 6 months after the latest of the following to happen—\nthe enforceable undertaking is contravened;\nit comes to the notice of the CEO that the enforceable undertaking has been contravened;\nthe CEO agrees under section 123F to the withdrawal of the enforceable undertaking;\nif the offence involves a breach of an obligation causing death and the death is investigated by a coroner under the Coroners Act 2003 —2 years after the coroner makes a finding in relation to the death.\nSubsection (7) does not apply to a proceeding for an offence against part 4A .\nNothing in this section affects the ability of the director of public prosecutions to bring proceedings for an offence against this Act.\nIn this section—\nserious offence means—\nan offence against section 32 if the contravention—\ncaused multiple deaths; or\ncaused death or grievous bodily harm; or\ncaused bodily harm; or\ninvolved exposure to a substance that is likely to cause death or grievous bodily harm; or\nan offence against part 4A ; or\nan offence prescribed by regulation for this paragraph.\ns 118 sub 2009 No. 16 s 31\namd 2010 No. 17 s 42 ; 2020 No. 10 s 95 ; 2020 No. 14 s 31 ; 2024 No. 34 s 130\n(sec.118-ssec.1) A charge of an offence against this Act, other than an offence against part 4A , must be heard and decided summarily.\n(sec.118-ssec.2) A proceeding for an offence against this Act may only be taken on the complaint of— if the offence is a serious offence—the WHS prosecutor; or otherwise—the CEO or the WHS prosecutor.\n(sec.118-ssec.3) However, the CEO may authorise in writing another appropriately qualified person to take a proceeding for an offence mentioned in subsection (2) (b) .\n(sec.118-ssec.4) An authorisation under subsection (3) may be general or limited to a particular proceeding or class of proceedings.\n(sec.118-ssec.5) An authorisation under subsection (3) is sufficient authority to continue a proceeding if the court amends the charge, warrant or summons.\n(sec.118-ssec.6) In deciding whether to bring a prosecution for an offence under this Act, the WHS prosecutor must have regard to any guidelines issued under the Director of Public Prosecutions Act 1984 , section 11 .\n(sec.118-ssec.7) A proceeding may be started within the latest of the following periods to end— 2 years after the offence first comes to the notice of the complainant; if an enforceable undertaking has been given in relation to the offence, within 6 months after the latest of the following to happen— the enforceable undertaking is contravened; it comes to the notice of the CEO that the enforceable undertaking has been contravened; the CEO agrees under section 123F to the withdrawal of the enforceable undertaking; if the offence involves a breach of an obligation causing death and the death is investigated by a coroner under the Coroners Act 2003 —2 years after the coroner makes a finding in relation to the death.\n(sec.118-ssec.8) Subsection (7) does not apply to a proceeding for an offence against part 4A .\n(sec.118-ssec.9) Nothing in this section affects the ability of the director of public prosecutions to bring proceedings for an offence against this Act.\n(sec.118-ssec.10) In this section— serious offence means— an offence against section 32 if the contravention— caused multiple deaths; or caused death or grievous bodily harm; or caused bodily harm; or involved exposure to a substance that is likely to cause death or grievous bodily harm; or an offence against part 4A ; or an offence prescribed by regulation for this paragraph.\n- (a) if the offence is a serious offence—the WHS prosecutor; or\n- (b) otherwise—the CEO or the WHS prosecutor.\n- (a) 2 years after the offence first comes to the notice of the complainant;\n- (b) if an enforceable undertaking has been given in relation to the offence, within 6 months after the latest of the following to happen— (i) the enforceable undertaking is contravened; (ii) it comes to the notice of the CEO that the enforceable undertaking has been contravened; (iii) the CEO agrees under section 123F to the withdrawal of the enforceable undertaking;\n- (i) the enforceable undertaking is contravened;\n- (ii) it comes to the notice of the CEO that the enforceable undertaking has been contravened;\n- (iii) the CEO agrees under section 123F to the withdrawal of the enforceable undertaking;\n- (c) if the offence involves a breach of an obligation causing death and the death is investigated by a coroner under the Coroners Act 2003 —2 years after the coroner makes a finding in relation to the death.\n- (i) the enforceable undertaking is contravened;\n- (ii) it comes to the notice of the CEO that the enforceable undertaking has been contravened;\n- (iii) the CEO agrees under section 123F to the withdrawal of the enforceable undertaking;\n- (a) an offence against section 32 if the contravention— (i) caused multiple deaths; or (ii) caused death or grievous bodily harm; or (iii) caused bodily harm; or (iv) involved exposure to a substance that is likely to cause death or grievous bodily harm; or\n- (i) caused multiple deaths; or\n- (ii) caused death or grievous bodily harm; or\n- (iii) caused bodily harm; or\n- (iv) involved exposure to a substance that is likely to cause death or grievous bodily harm; or\n- (b) an offence against part 4A ; or\n- (c) an offence prescribed by regulation for this paragraph.\n- (i) caused multiple deaths; or\n- (ii) caused death or grievous bodily harm; or\n- (iii) caused bodily harm; or\n- (iv) involved exposure to a substance that is likely to cause death or grievous bodily harm; or","sortOrder":200},{"sectionNumber":"sec.118A","sectionType":"section","heading":"WHS prosecutor may ask CEO for information","content":"### sec.118A WHS prosecutor may ask CEO for information\n\nThe WHS prosecutor may ask the CEO for information relevant to the performance of a function of the WHS prosecutor under this Act.\nThe CEO must take reasonable steps to provide the information.\nIn this section—\ninformation includes a document.\ns 118A ins 2020 No. 10 s 96\n(sec.118A-ssec.1) The WHS prosecutor may ask the CEO for information relevant to the performance of a function of the WHS prosecutor under this Act.\n(sec.118A-ssec.2) The CEO must take reasonable steps to provide the information.\n(sec.118A-ssec.3) In this section— information includes a document.","sortOrder":201},{"sectionNumber":"sec.118B","sectionType":"section","heading":"CEO’s duty to disclose information to WHS prosecutor","content":"### sec.118B CEO’s duty to disclose information to WHS prosecutor\n\nThis section applies in relation to a proceeding for an offence against this Act brought by the WHS prosecutor.\nThe CEO has a duty to disclose to the WHS prosecutor all information relevant to the proceeding, including knowledge of a matter relevant to the proceeding, in the possession or control of the CEO.\nThe duty continues until the proceeding is finally decided or otherwise ends.\nIn this section—\ninformation includes a document.\ns 118B ins 2020 No. 10 s 96\n(sec.118B-ssec.1) This section applies in relation to a proceeding for an offence against this Act brought by the WHS prosecutor.\n(sec.118B-ssec.2) The CEO has a duty to disclose to the WHS prosecutor all information relevant to the proceeding, including knowledge of a matter relevant to the proceeding, in the possession or control of the CEO.\n(sec.118B-ssec.3) The duty continues until the proceeding is finally decided or otherwise ends.\n(sec.118B-ssec.4) In this section— information includes a document.","sortOrder":202},{"sectionNumber":"sec.118C","sectionType":"section","heading":"Procedure if prosecution not brought","content":"### sec.118C Procedure if prosecution not brought\n\nThis section applies if—\na person reasonably considers that an act or omission constitutes a serious offence under section 118 (8) ; and\nno prosecution has been brought in relation to the act or omission; and\nthe following period has elapsed from when the act or omission happened—\nif the act or omission constitutes an offence against part 4A —at least 6 months;\notherwise—at least 6 months but no more than 12 months.\nThe person may make a written request to the WHS prosecutor that a prosecution be brought in relation to the act or omission.\nWithin 3 months after the WHS prosecutor receives the request, the WHS prosecutor must give the person, and any other person whom the person believes committed the serious offence, a notice in writing stating—\nwhether the investigation of the act or omission is complete; and\nif the investigation of the act or omission is complete, whether a prosecution has been or will be brought in relation to the act or omission; and\nif the advice under paragraph (b) is that a prosecution has not been or will not be brought—the reasons for not bringing the prosecution.\nAlso, if the WHS prosecutor gives a notice under subsection (3) (b) that a prosecution has not been or will not be brought, the WHS prosecutor must—\nadvise in the notice that the person may ask the WHS prosecutor to refer the matter to the director of public prosecutions for consideration; and\nif the person asks the WHS prosecutor in writing to refer the matter to the director of public prosecutions—refer the matter to the director of public prosecutions for consideration within 1 month after the person makes the request.\nThe director of public prosecutions must consider the matter and within 1 month after the matter is referred give the WHS prosecutor advice in writing stating whether the director considers a prosecution should be brought.\nThe WHS prosecutor must give a copy of the advice under subsection (5) to—\nthe person who made the request under subsection (2) ; and\nany other person whom the person mentioned in paragraph (a) believes committed the serious offence.\nIf the WHS prosecutor declines to follow advice given under subsection (5) to bring proceedings, the WHS prosecutor must give written reasons for the decision to each person mentioned in subsection (6) .\ns 118C ins 2020 No. 10 s 96\namd 2020 No. 14 s 32 ; 2024 No. 34 s 131\n(sec.118C-ssec.1) This section applies if— a person reasonably considers that an act or omission constitutes a serious offence under section 118 (8) ; and no prosecution has been brought in relation to the act or omission; and the following period has elapsed from when the act or omission happened— if the act or omission constitutes an offence against part 4A —at least 6 months; otherwise—at least 6 months but no more than 12 months.\n(sec.118C-ssec.2) The person may make a written request to the WHS prosecutor that a prosecution be brought in relation to the act or omission.\n(sec.118C-ssec.3) Within 3 months after the WHS prosecutor receives the request, the WHS prosecutor must give the person, and any other person whom the person believes committed the serious offence, a notice in writing stating— whether the investigation of the act or omission is complete; and if the investigation of the act or omission is complete, whether a prosecution has been or will be brought in relation to the act or omission; and if the advice under paragraph (b) is that a prosecution has not been or will not be brought—the reasons for not bringing the prosecution.\n(sec.118C-ssec.4) Also, if the WHS prosecutor gives a notice under subsection (3) (b) that a prosecution has not been or will not be brought, the WHS prosecutor must— advise in the notice that the person may ask the WHS prosecutor to refer the matter to the director of public prosecutions for consideration; and if the person asks the WHS prosecutor in writing to refer the matter to the director of public prosecutions—refer the matter to the director of public prosecutions for consideration within 1 month after the person makes the request.\n(sec.118C-ssec.5) The director of public prosecutions must consider the matter and within 1 month after the matter is referred give the WHS prosecutor advice in writing stating whether the director considers a prosecution should be brought.\n(sec.118C-ssec.6) The WHS prosecutor must give a copy of the advice under subsection (5) to— the person who made the request under subsection (2) ; and any other person whom the person mentioned in paragraph (a) believes committed the serious offence.\n(sec.118C-ssec.7) If the WHS prosecutor declines to follow advice given under subsection (5) to bring proceedings, the WHS prosecutor must give written reasons for the decision to each person mentioned in subsection (6) .\n- (a) a person reasonably considers that an act or omission constitutes a serious offence under section 118 (8) ; and\n- (b) no prosecution has been brought in relation to the act or omission; and\n- (c) the following period has elapsed from when the act or omission happened— (i) if the act or omission constitutes an offence against part 4A —at least 6 months; (ii) otherwise—at least 6 months but no more than 12 months.\n- (i) if the act or omission constitutes an offence against part 4A —at least 6 months;\n- (ii) otherwise—at least 6 months but no more than 12 months.\n- (i) if the act or omission constitutes an offence against part 4A —at least 6 months;\n- (ii) otherwise—at least 6 months but no more than 12 months.\n- (a) whether the investigation of the act or omission is complete; and\n- (b) if the investigation of the act or omission is complete, whether a prosecution has been or will be brought in relation to the act or omission; and\n- (c) if the advice under paragraph (b) is that a prosecution has not been or will not be brought—the reasons for not bringing the prosecution.\n- (a) advise in the notice that the person may ask the WHS prosecutor to refer the matter to the director of public prosecutions for consideration; and\n- (b) if the person asks the WHS prosecutor in writing to refer the matter to the director of public prosecutions—refer the matter to the director of public prosecutions for consideration within 1 month after the person makes the request.\n- (a) the person who made the request under subsection (2) ; and\n- (b) any other person whom the person mentioned in paragraph (a) believes committed the serious offence.","sortOrder":203},{"sectionNumber":"sec.119","sectionType":"section","heading":"Responsibility for acts or omissions of representatives","content":"### sec.119 Responsibility for acts or omissions of representatives\n\nThis section applies in a proceeding for an offence against this Act.\nIf it is relevant to prove a person’s state of mind about a particular act or omission, it is enough to show—\nthe act was done or omitted to be done by a representative of the person within the scope of the representative’s actual or apparent authority; and\nthe representative had the state of mind.\nAn act done or omitted to be done for a person by a representative of the person within the scope of the representative’s actual or apparent authority is taken to have been done or omitted to be done also by the person, unless the person proves—\nif the person was in a position to influence the conduct of the representative in relation to the act or omission—the person took reasonable steps to prevent the act or omission; or\nthe person was not in a position to influence the conduct of the representative in relation to the act or omission.\nIn this section—\nrepresentative means—\nfor a corporation—an executive officer, employee or agent of the corporation; or\nfor an individual—an employee or agent of the individual.\n(sec.119-ssec.1) This section applies in a proceeding for an offence against this Act.\n(sec.119-ssec.2) If it is relevant to prove a person’s state of mind about a particular act or omission, it is enough to show— the act was done or omitted to be done by a representative of the person within the scope of the representative’s actual or apparent authority; and the representative had the state of mind.\n(sec.119-ssec.3) An act done or omitted to be done for a person by a representative of the person within the scope of the representative’s actual or apparent authority is taken to have been done or omitted to be done also by the person, unless the person proves— if the person was in a position to influence the conduct of the representative in relation to the act or omission—the person took reasonable steps to prevent the act or omission; or the person was not in a position to influence the conduct of the representative in relation to the act or omission.\n(sec.119-ssec.4) In this section— representative means— for a corporation—an executive officer, employee or agent of the corporation; or for an individual—an employee or agent of the individual.\n- (a) the act was done or omitted to be done by a representative of the person within the scope of the representative’s actual or apparent authority; and\n- (b) the representative had the state of mind.\n- (a) if the person was in a position to influence the conduct of the representative in relation to the act or omission—the person took reasonable steps to prevent the act or omission; or\n- (b) the person was not in a position to influence the conduct of the representative in relation to the act or omission.\n- (a) for a corporation—an executive officer, employee or agent of the corporation; or\n- (b) for an individual—an employee or agent of the individual.","sortOrder":204},{"sectionNumber":"sec.120","sectionType":"section","heading":"Proof of offence involving part or sample of explosive","content":"### sec.120 Proof of offence involving part or sample of explosive\n\nIf an offence against this Act is proved in relation to a sample or part of an explosive or an ingredient, the offence is taken to have been proved in relation to all the explosive or ingredient from which the sample or part was taken unless the contrary is established.","sortOrder":205},{"sectionNumber":"sec.121","sectionType":"section","heading":"Offences about false or misleading information or documents","content":"### sec.121 Offences about false or misleading information or documents\n\nFor an offence against section 73 , 74 or 99 , it is enough to allege and prove that the relevant statement or document was ‘false or misleading’ without specifying which.\ns 121 amd 2019 No. 7 s 313 s ch 1 pt 3","sortOrder":206},{"sectionNumber":"sec.121A","sectionType":"section","heading":"Court may order suspension or cancellation of authority","content":"### sec.121A Court may order suspension or cancellation of authority\n\nThis section applies if a person convicted of an offence against this Act is the holder of an authority or a security clearance.\nA Magistrates Court, on application by the complainant during the proceeding for the offence, may suspend or cancel the authority or security clearance of the person convicted.\nA person dissatisfied with the Magistrates Court’s decision to suspend or cancel the person’s authority or security clearance who wants to appeal against the decision, must appeal to the District Court.\nThe Magistrates Court must give notice of the decision to suspend or cancel the authority or security clearance to the chief inspector.\ns 121A ins 2024 No. 34 s 132\n(sec.121A-ssec.1) This section applies if a person convicted of an offence against this Act is the holder of an authority or a security clearance.\n(sec.121A-ssec.2) A Magistrates Court, on application by the complainant during the proceeding for the offence, may suspend or cancel the authority or security clearance of the person convicted.\n(sec.121A-ssec.3) A person dissatisfied with the Magistrates Court’s decision to suspend or cancel the person’s authority or security clearance who wants to appeal against the decision, must appeal to the District Court.\n(sec.121A-ssec.4) The Magistrates Court must give notice of the decision to suspend or cancel the authority or security clearance to the chief inspector.","sortOrder":207},{"sectionNumber":"sec.122","sectionType":"section","heading":"Recovery of costs from convicted person","content":"### sec.122 Recovery of costs from convicted person\n\nA court convicting a person of an offence against this Act may order the person to pay to a government entity or the State costs reasonably incurred by the entity or the State because of the offence, including the following costs—\nthe cost of testing, transporting, storing and disposing of explosives and other evidence;\nRSHQ’s reasonable costs of investigating the offence;\nthe reasonable costs of preparing for the prosecution of the offence.\nAn amount ordered to be paid under subsection (1) is a debt owing to the entity or the State.\nSubsection (1) is in addition to any other order the court may make.\ns 122 amd 2011 No. 2 s 39 ; 2024 No. 34 s 133\n(sec.122-ssec.1) A court convicting a person of an offence against this Act may order the person to pay to a government entity or the State costs reasonably incurred by the entity or the State because of the offence, including the following costs— the cost of testing, transporting, storing and disposing of explosives and other evidence; RSHQ’s reasonable costs of investigating the offence; the reasonable costs of preparing for the prosecution of the offence.\n(sec.122-ssec.2) An amount ordered to be paid under subsection (1) is a debt owing to the entity or the State.\n(sec.122-ssec.3) Subsection (1) is in addition to any other order the court may make.\n- (a) the cost of testing, transporting, storing and disposing of explosives and other evidence;\n- (b) RSHQ’s reasonable costs of investigating the offence;\n- (c) the reasonable costs of preparing for the prosecution of the offence.","sortOrder":208},{"sectionNumber":"sec.123","sectionType":"section","heading":"Forfeiture of things on conviction","content":"### sec.123 Forfeiture of things on conviction\n\nA court convicting a person of an offence against this Act may order the following things (whether or not seized under this Act) to be forfeited to the State—\nany explosive to which the offence relates;\nif the offence relates to a place where a person manufactures, sells, stores, transports or uses an explosive, all or part of the explosives found on the place at the time of the commission of the offence;\nany ingredient used or capable of being used to manufacture explosives;\nany package containing an explosive or ingredient.\nAlso, if the conviction relates to a part or sample of an explosive or ingredient, the order may be for—\nall the explosive or ingredient from which the part or sample was taken and the package containing it; or\nall of any similar explosive or ingredient belonging to the defendant or found on the defendant’s premises or in the defendant’s possession at the time of the commission of the offence; or\nany packages containing the explosive or ingredient.\n(sec.123-ssec.1) A court convicting a person of an offence against this Act may order the following things (whether or not seized under this Act) to be forfeited to the State— any explosive to which the offence relates; if the offence relates to a place where a person manufactures, sells, stores, transports or uses an explosive, all or part of the explosives found on the place at the time of the commission of the offence; any ingredient used or capable of being used to manufacture explosives; any package containing an explosive or ingredient.\n(sec.123-ssec.2) Also, if the conviction relates to a part or sample of an explosive or ingredient, the order may be for— all the explosive or ingredient from which the part or sample was taken and the package containing it; or all of any similar explosive or ingredient belonging to the defendant or found on the defendant’s premises or in the defendant’s possession at the time of the commission of the offence; or any packages containing the explosive or ingredient.\n- (a) any explosive to which the offence relates;\n- (b) if the offence relates to a place where a person manufactures, sells, stores, transports or uses an explosive, all or part of the explosives found on the place at the time of the commission of the offence;\n- (c) any ingredient used or capable of being used to manufacture explosives;\n- (d) any package containing an explosive or ingredient.\n- (a) all the explosive or ingredient from which the part or sample was taken and the package containing it; or\n- (b) all of any similar explosive or ingredient belonging to the defendant or found on the defendant’s premises or in the defendant’s possession at the time of the commission of the offence; or\n- (c) any packages containing the explosive or ingredient.","sortOrder":209},{"sectionNumber":"pt.8-div.1AA","sectionType":"division","heading":"Enforceable undertakings","content":"## Enforceable undertakings","sortOrder":210},{"sectionNumber":"sec.123A","sectionType":"section","heading":"CEO may accept enforceable undertaking","content":"### sec.123A CEO may accept enforceable undertaking\n\nThe CEO may accept a written undertaking (an enforceable undertaking ) given by a person in connection with a matter relating to a contravention or alleged contravention of this Act by the person.\nAn enforceable undertaking can not be accepted for a contravention or alleged contravention that is—\nan offence against section 54C or 54D ; or\nan offence causing death.\nThe giving of an enforceable undertaking does not constitute an admission of guilt by the person giving the undertaking in relation to the contravention or alleged contravention to which the undertaking relates.\nThe CEO must issue, and publish on a Queensland Government website, general guidelines in relation to the acceptance of enforceable undertakings under this Act.\nThe CEO may accept an enforceable undertaking in relation to a contravention or alleged contravention, other than a contravention or alleged contravention that is an offence mentioned in subsection (2) (a) or (b) , before a proceeding in relation to the contravention has been finalised.\nIf the CEO accepts an enforceable undertaking before the proceeding is finalised—\nthe CEO must immediately notify the WHS prosecutor; and\nthe WHS prosecutor must take all reasonable steps to have the proceeding discontinued as soon as possible.\ns 123A ins 2024 No. 34 s 135\n(sec.123A-ssec.1) The CEO may accept a written undertaking (an enforceable undertaking ) given by a person in connection with a matter relating to a contravention or alleged contravention of this Act by the person.\n(sec.123A-ssec.2) An enforceable undertaking can not be accepted for a contravention or alleged contravention that is— an offence against section 54C or 54D ; or an offence causing death.\n(sec.123A-ssec.3) The giving of an enforceable undertaking does not constitute an admission of guilt by the person giving the undertaking in relation to the contravention or alleged contravention to which the undertaking relates.\n(sec.123A-ssec.4) The CEO must issue, and publish on a Queensland Government website, general guidelines in relation to the acceptance of enforceable undertakings under this Act.\n(sec.123A-ssec.5) The CEO may accept an enforceable undertaking in relation to a contravention or alleged contravention, other than a contravention or alleged contravention that is an offence mentioned in subsection (2) (a) or (b) , before a proceeding in relation to the contravention has been finalised.\n(sec.123A-ssec.6) If the CEO accepts an enforceable undertaking before the proceeding is finalised— the CEO must immediately notify the WHS prosecutor; and the WHS prosecutor must take all reasonable steps to have the proceeding discontinued as soon as possible.\n- (a) an offence against section 54C or 54D ; or\n- (b) an offence causing death.\n- (a) the CEO must immediately notify the WHS prosecutor; and\n- (b) the WHS prosecutor must take all reasonable steps to have the proceeding discontinued as soon as possible.","sortOrder":211},{"sectionNumber":"sec.123B","sectionType":"section","heading":"Notice of decision and reasons for decision","content":"### sec.123B Notice of decision and reasons for decision\n\nThe CEO must give the person seeking to make an enforceable undertaking notice of the CEO’s decision to accept or reject the enforceable undertaking and of the reasons for the decision.\nThe CEO must publish, on a Queensland Government website, notice of a decision to accept an enforceable undertaking and the reasons for the decision.\ns 123B ins 2024 No. 34 s 135\n(sec.123B-ssec.1) The CEO must give the person seeking to make an enforceable undertaking notice of the CEO’s decision to accept or reject the enforceable undertaking and of the reasons for the decision.\n(sec.123B-ssec.2) The CEO must publish, on a Queensland Government website, notice of a decision to accept an enforceable undertaking and the reasons for the decision.","sortOrder":212},{"sectionNumber":"sec.123C","sectionType":"section","heading":"When enforceable undertaking is enforceable","content":"### sec.123C When enforceable undertaking is enforceable\n\nAn enforceable undertaking takes effect and becomes enforceable when the CEO’s decision to accept the undertaking is given to the person who made the undertaking or at any later date stated by the CEO.\ns 123C ins 2024 No. 34 s 135","sortOrder":213},{"sectionNumber":"sec.123D","sectionType":"section","heading":"Compliance with enforceable undertaking","content":"### sec.123D Compliance with enforceable undertaking\n\nA person must not contravene an enforceable undertaking made by the person that is in effect.\nMaximum penalty—500 penalty units.\ns 123D ins 2024 No. 34 s 135","sortOrder":214},{"sectionNumber":"sec.123E","sectionType":"section","heading":"Contravention of enforceable undertaking","content":"### sec.123E Contravention of enforceable undertaking\n\nThe CEO may apply to a Magistrates Court for an order if a person contravenes an enforceable undertaking.\nIf the court is satisfied that the person who made the enforceable undertaking has contravened the undertaking, the court, in addition to the imposition of any penalty, may make—\nan order directing the person to comply with the undertaking; or\nan order discharging the undertaking.\nIn addition to the orders mentioned in subsection (2) , the court may make any other order the court considers appropriate in the circumstances, including orders directing the person to pay to the State—\nthe costs of the proceeding; and\nthe reasonable costs of the CEO in monitoring compliance with the enforceable undertaking in the future.\nNothing in this section prevents a proceeding being taken for the contravention or alleged contravention of this Act to which the enforceable undertaking relates.\nSection 123G specifies circumstances affecting a proceeding for a contravention for which an enforceable undertaking has been given.\ns 123E ins 2024 No. 34 s 135\n(sec.123E-ssec.1) The CEO may apply to a Magistrates Court for an order if a person contravenes an enforceable undertaking.\n(sec.123E-ssec.2) If the court is satisfied that the person who made the enforceable undertaking has contravened the undertaking, the court, in addition to the imposition of any penalty, may make— an order directing the person to comply with the undertaking; or an order discharging the undertaking.\n(sec.123E-ssec.3) In addition to the orders mentioned in subsection (2) , the court may make any other order the court considers appropriate in the circumstances, including orders directing the person to pay to the State— the costs of the proceeding; and the reasonable costs of the CEO in monitoring compliance with the enforceable undertaking in the future.\n(sec.123E-ssec.4) Nothing in this section prevents a proceeding being taken for the contravention or alleged contravention of this Act to which the enforceable undertaking relates. Section 123G specifies circumstances affecting a proceeding for a contravention for which an enforceable undertaking has been given.\n- (a) an order directing the person to comply with the undertaking; or\n- (b) an order discharging the undertaking.\n- (a) the costs of the proceeding; and\n- (b) the reasonable costs of the CEO in monitoring compliance with the enforceable undertaking in the future.","sortOrder":215},{"sectionNumber":"sec.123F","sectionType":"section","heading":"Withdrawal or variation of enforceable undertaking","content":"### sec.123F Withdrawal or variation of enforceable undertaking\n\nA person who has made an enforceable undertaking may at any time, with the written agreement of the CEO—\nwithdraw the undertaking; or\nvary the undertaking.\nHowever, the provisions of the undertaking can not be varied to provide for a different alleged contravention of the Act .\nThe CEO must publish, on a Queensland Government website, notice of the withdrawal or variation of an enforceable undertaking.\ns 123F ins 2024 No. 34 s 135\n(sec.123F-ssec.1) A person who has made an enforceable undertaking may at any time, with the written agreement of the CEO— withdraw the undertaking; or vary the undertaking.\n(sec.123F-ssec.2) However, the provisions of the undertaking can not be varied to provide for a different alleged contravention of the Act .\n(sec.123F-ssec.3) The CEO must publish, on a Queensland Government website, notice of the withdrawal or variation of an enforceable undertaking.\n- (a) withdraw the undertaking; or\n- (b) vary the undertaking.","sortOrder":216},{"sectionNumber":"sec.123G","sectionType":"section","heading":"Proceeding for alleged contravention","content":"### sec.123G Proceeding for alleged contravention\n\nSubject to this division, no proceeding for a contravention or alleged contravention of this Act may be taken against a person if an enforceable undertaking is in effect in relation to the contravention.\nNo proceeding may be taken for a contravention or alleged contravention of this Act against a person who has made an enforceable undertaking in relation to the contravention and has completely discharged the enforceable undertaking.\ns 123G ins 2024 No. 34 s 135\n(sec.123G-ssec.1) Subject to this division, no proceeding for a contravention or alleged contravention of this Act may be taken against a person if an enforceable undertaking is in effect in relation to the contravention.\n(sec.123G-ssec.2) No proceeding may be taken for a contravention or alleged contravention of this Act against a person who has made an enforceable undertaking in relation to the contravention and has completely discharged the enforceable undertaking.","sortOrder":217},{"sectionNumber":"pt.8-div.1AB","sectionType":"division","heading":"Sentencing for offences","content":"## Sentencing for offences","sortOrder":218},{"sectionNumber":"sec.123H","sectionType":"section","heading":"Application of division","content":"### sec.123H Application of division\n\nThis division applies if a court convicts a person or finds a person guilty (the offender ) of an offence against this Act.\ns 123H ins 2024 No. 34 s 135","sortOrder":219},{"sectionNumber":"sec.123I","sectionType":"section","heading":"Orders generally","content":"### sec.123I Orders generally\n\nOne or more orders may be made under this division against the offender.\nOrders may be made under this division in addition to any penalty that may be imposed or any other action that may be taken in relation to the offence.\ns 123I ins 2024 No. 34 s 135\n(sec.123I-ssec.1) One or more orders may be made under this division against the offender.\n(sec.123I-ssec.2) Orders may be made under this division in addition to any penalty that may be imposed or any other action that may be taken in relation to the offence.","sortOrder":220},{"sectionNumber":"sec.123J","sectionType":"section","heading":"Adverse publicity orders","content":"### sec.123J Adverse publicity orders\n\nThe court may make an order (an adverse publicity order ), in relation to the offender, requiring the offender—\nto take either or both of the following actions within the period stated in the order—\nto publicise, in the way stated in the order, the offence, its consequences, the penalty imposed and any other related matter;\nto notify a stated person or stated class of persons, in the way stated in the order, of the offence, its consequences, the penalty imposed and any other related matter; and\nto give the CEO, within 7 days after the end of the period stated in the order, evidence that the action or actions were taken by the offender in accordance with the order.\nThe court may make an adverse publicity order on its own initiative or on the application of the person prosecuting the offence.\nIf the offender fails to give evidence to the CEO as provided under subsection (1) (b) , the CEO, or a person authorised in writing by the CEO, may take the action or actions stated in the order.\nHowever, if—\nthe offender gives evidence to the CEO as provided under subsection (1) (b) ; and\ndespite that evidence, the CEO is not satisfied that the offender has taken the action or actions stated in the order in accordance with the order;\nthe CEO may apply to the court for an order authorising the CEO, or a person authorised in writing by the CEO, to take the action or actions.\nIf the CEO, or a person authorised in writing by the CEO, takes an action or actions under subsection (3) or under an order under subsection (4) , the CEO is entitled to recover from the offender, by action in a court of competent jurisdiction, an amount in relation to the reasonable expenses of taking the action or actions as a debt due to the CEO.\ns 123J ins 2024 No. 34 s 135\n(sec.123J-ssec.1) The court may make an order (an adverse publicity order ), in relation to the offender, requiring the offender— to take either or both of the following actions within the period stated in the order— to publicise, in the way stated in the order, the offence, its consequences, the penalty imposed and any other related matter; to notify a stated person or stated class of persons, in the way stated in the order, of the offence, its consequences, the penalty imposed and any other related matter; and to give the CEO, within 7 days after the end of the period stated in the order, evidence that the action or actions were taken by the offender in accordance with the order.\n(sec.123J-ssec.2) The court may make an adverse publicity order on its own initiative or on the application of the person prosecuting the offence.\n(sec.123J-ssec.3) If the offender fails to give evidence to the CEO as provided under subsection (1) (b) , the CEO, or a person authorised in writing by the CEO, may take the action or actions stated in the order.\n(sec.123J-ssec.4) However, if— the offender gives evidence to the CEO as provided under subsection (1) (b) ; and despite that evidence, the CEO is not satisfied that the offender has taken the action or actions stated in the order in accordance with the order; the CEO may apply to the court for an order authorising the CEO, or a person authorised in writing by the CEO, to take the action or actions.\n(sec.123J-ssec.5) If the CEO, or a person authorised in writing by the CEO, takes an action or actions under subsection (3) or under an order under subsection (4) , the CEO is entitled to recover from the offender, by action in a court of competent jurisdiction, an amount in relation to the reasonable expenses of taking the action or actions as a debt due to the CEO.\n- (a) to take either or both of the following actions within the period stated in the order— (i) to publicise, in the way stated in the order, the offence, its consequences, the penalty imposed and any other related matter; (ii) to notify a stated person or stated class of persons, in the way stated in the order, of the offence, its consequences, the penalty imposed and any other related matter; and\n- (i) to publicise, in the way stated in the order, the offence, its consequences, the penalty imposed and any other related matter;\n- (ii) to notify a stated person or stated class of persons, in the way stated in the order, of the offence, its consequences, the penalty imposed and any other related matter; and\n- (b) to give the CEO, within 7 days after the end of the period stated in the order, evidence that the action or actions were taken by the offender in accordance with the order.\n- (i) to publicise, in the way stated in the order, the offence, its consequences, the penalty imposed and any other related matter;\n- (ii) to notify a stated person or stated class of persons, in the way stated in the order, of the offence, its consequences, the penalty imposed and any other related matter; and\n- (a) the offender gives evidence to the CEO as provided under subsection (1) (b) ; and\n- (b) despite that evidence, the CEO is not satisfied that the offender has taken the action or actions stated in the order in accordance with the order;","sortOrder":221},{"sectionNumber":"sec.123K","sectionType":"section","heading":"Orders for restoration","content":"### sec.123K Orders for restoration\n\nThe court may make an order requiring the offender to take steps stated in the order, within the period stated in the order, to remedy a matter caused by the commission of the offence that appears to the court to be within the offender’s power to remedy.\nThe period within which an order under this section must be complied with may be extended, or further extended, by order of the court but only if an application for the extension is made before the end of the period.\ns 123K ins 2024 No. 34 s 135\n(sec.123K-ssec.1) The court may make an order requiring the offender to take steps stated in the order, within the period stated in the order, to remedy a matter caused by the commission of the offence that appears to the court to be within the offender’s power to remedy.\n(sec.123K-ssec.2) The period within which an order under this section must be complied with may be extended, or further extended, by order of the court but only if an application for the extension is made before the end of the period.","sortOrder":222},{"sectionNumber":"sec.123L","sectionType":"section","heading":"Safety and health project orders","content":"### sec.123L Safety and health project orders\n\nThe court may make an order requiring the offender to undertake a stated project for the general improvement of safety and health of persons who may be affected by explosives within the period stated in the order.\nThe order may state conditions that must be complied with in undertaking the project.\ns 123L ins 2024 No. 34 s 135\n(sec.123L-ssec.1) The court may make an order requiring the offender to undertake a stated project for the general improvement of safety and health of persons who may be affected by explosives within the period stated in the order.\n(sec.123L-ssec.2) The order may state conditions that must be complied with in undertaking the project.","sortOrder":223},{"sectionNumber":"sec.123M","sectionType":"section","heading":"Release on giving of court-ordered undertaking","content":"### sec.123M Release on giving of court-ordered undertaking\n\nThe court may (with or without recording a conviction) adjourn the proceeding for the offence for a period of not more than 2 years and make an order for the release of the offender on the offender giving an undertaking with stated conditions (a court-ordered undertaking ).\nA court-ordered undertaking must state the following conditions—\nthat the offender appear before the court if called to appear during the period of the adjournment and, if stated by the court, at the time to which the further hearing is adjourned;\nthat the offender does not commit, during the period of the adjournment, any offence against this Act;\nthat the offender observes any special conditions imposed by the court.\nIn addition to the order mentioned in subsection (1) , the court may make any other order the court considers appropriate in the circumstances, including orders directing the offender to pay to the State—\nthe costs of the proceeding; and\nthe reasonable costs of the CEO in monitoring compliance with the court-ordered undertaking in the future.\nAn offender who has given a court-ordered undertaking under this section may be called on to appear before the court by order of the court.\nAn order under subsection (4) must be served on the offender not less than 4 days before the time stated in the order for the appearance.\nIf the court is satisfied at the time to which a further hearing of a proceeding is adjourned that the offender has observed the conditions of the court-ordered undertaking, the court must discharge the offender without any further hearing of the proceeding.\ns 123M ins 2024 No. 34 s 135\n(sec.123M-ssec.1) The court may (with or without recording a conviction) adjourn the proceeding for the offence for a period of not more than 2 years and make an order for the release of the offender on the offender giving an undertaking with stated conditions (a court-ordered undertaking ).\n(sec.123M-ssec.2) A court-ordered undertaking must state the following conditions— that the offender appear before the court if called to appear during the period of the adjournment and, if stated by the court, at the time to which the further hearing is adjourned; that the offender does not commit, during the period of the adjournment, any offence against this Act; that the offender observes any special conditions imposed by the court.\n(sec.123M-ssec.3) In addition to the order mentioned in subsection (1) , the court may make any other order the court considers appropriate in the circumstances, including orders directing the offender to pay to the State— the costs of the proceeding; and the reasonable costs of the CEO in monitoring compliance with the court-ordered undertaking in the future.\n(sec.123M-ssec.4) An offender who has given a court-ordered undertaking under this section may be called on to appear before the court by order of the court.\n(sec.123M-ssec.5) An order under subsection (4) must be served on the offender not less than 4 days before the time stated in the order for the appearance.\n(sec.123M-ssec.6) If the court is satisfied at the time to which a further hearing of a proceeding is adjourned that the offender has observed the conditions of the court-ordered undertaking, the court must discharge the offender without any further hearing of the proceeding.\n- (a) that the offender appear before the court if called to appear during the period of the adjournment and, if stated by the court, at the time to which the further hearing is adjourned;\n- (b) that the offender does not commit, during the period of the adjournment, any offence against this Act;\n- (c) that the offender observes any special conditions imposed by the court.\n- (a) the costs of the proceeding; and\n- (b) the reasonable costs of the CEO in monitoring compliance with the court-ordered undertaking in the future.","sortOrder":224},{"sectionNumber":"sec.123N","sectionType":"section","heading":"Injunctions","content":"### sec.123N Injunctions\n\nThe court may issue an injunction requiring the offender to cease contravening this Act.\nSee also part 6 , division 4 .\ns 123N ins 2024 No. 34 s 135","sortOrder":225},{"sectionNumber":"sec.123O","sectionType":"section","heading":"Training orders","content":"### sec.123O Training orders\n\nThe court may make an order requiring the offender to undertake, or arrange for 1 or more persons handling explosives to undertake, a stated course of training.\ns 123O ins 2024 No. 34 s 135","sortOrder":226},{"sectionNumber":"sec.123P","sectionType":"section","heading":"Offence to fail to comply with order","content":"### sec.123P Offence to fail to comply with order\n\nA person must comply with an order under this division, unless the person has a reasonable excuse.\nMaximum penalty—500 penalty units.\nThis section does not apply to an order or injunction under section 123M or 123N .\ns 123P ins 2024 No. 34 s 135\n(sec.123P-ssec.1) A person must comply with an order under this division, unless the person has a reasonable excuse. Maximum penalty—500 penalty units.\n(sec.123P-ssec.2) This section does not apply to an order or injunction under section 123M or 123N .","sortOrder":227},{"sectionNumber":"pt.8-div.1A","sectionType":"division","heading":"Biometric information","content":"## Biometric information","sortOrder":228},{"sectionNumber":"sec.123Q","sectionType":"section","heading":"Application of division","content":"### sec.123Q Application of division\n\nThis division applies if a person makes any of the following applications (each a relevant application )—\nan application under section 12A for a security clearance;\nan application under section 12F to renew a security clearance;\nan application under section 14 for an occupational authority;\nan application under section 22 to renew an occupational authority;\nan application under section 27 to replace an occupational authority or security clearance;\nan application under section 28 to amend an occupational authority.\nAlso, this division applies if an occupational authority held by a person is amended under section 29 .\ns 123Q (prev s 123AA) ins 2019 No. 7 s 78\nrenum 2024 No. 34 s 138\n(sec.123Q-ssec.1) This division applies if a person makes any of the following applications (each a relevant application )— an application under section 12A for a security clearance; an application under section 12F to renew a security clearance; an application under section 14 for an occupational authority; an application under section 22 to renew an occupational authority; an application under section 27 to replace an occupational authority or security clearance; an application under section 28 to amend an occupational authority.\n(sec.123Q-ssec.2) Also, this division applies if an occupational authority held by a person is amended under section 29 .\n- (a) an application under section 12A for a security clearance;\n- (b) an application under section 12F to renew a security clearance;\n- (c) an application under section 14 for an occupational authority;\n- (d) an application under section 22 to renew an occupational authority;\n- (e) an application under section 27 to replace an occupational authority or security clearance;\n- (f) an application under section 28 to amend an occupational authority.","sortOrder":229},{"sectionNumber":"sec.123R","sectionType":"section","heading":"Definitions for division","content":"### sec.123R Definitions for division\n\nIn this division—\nbiometric information , for a person, means—\na digital photo of the person; and\nthe person’s digitised signature.\ndestroy , in relation to biometric information, includes—\ndelete an electronic copy of the information; and\nend the way in which the information may be accessed electronically.\nrelevant application see section 123Q (1) .\ns 123R def relevant application amd 2024 No. 34 s 136\ntake , in relation to biometric information, includes obtain biometric information.\ns 123R (prev s 123AB) ins 2019 No. 7 s 78\nrenum 2024 No. 34 s 138\n- (a) a digital photo of the person; and\n- (b) the person’s digitised signature.\n- (a) delete an electronic copy of the information; and\n- (b) end the way in which the information may be accessed electronically.","sortOrder":230},{"sectionNumber":"sec.123S","sectionType":"section","heading":"Taking biometric information for use under this Act","content":"### sec.123S Taking biometric information for use under this Act\n\nThe person must allow the chief inspector to take and keep for use under this Act the person’s biometric information.\nIf the person does not comply with subsection (1) , the chief inspector must, if the person is an applicant for a relevant application, refuse the application.\ns 123S (prev s 123AC) ins 2019 No. 7 s 78\nrenum 2024 No. 34 s 138\n(sec.123S-ssec.1) The person must allow the chief inspector to take and keep for use under this Act the person’s biometric information.\n(sec.123S-ssec.2) If the person does not comply with subsection (1) , the chief inspector must, if the person is an applicant for a relevant application, refuse the application.","sortOrder":231},{"sectionNumber":"sec.123T","sectionType":"section","heading":"Using biometric information","content":"### sec.123T Using biometric information\n\nThe chief inspector may use the person’s biometric information—\nif the biometric information is taken in relation to a relevant application—to help identify the person for assessing and deciding the application; or\nto reproduce the biometric information on an occupational authority or security clearance given to the person; or\nin an investigation by the chief inspector of an explosives incident under part 5 , division 1 , if the chief inspector reasonably suspects the person was involved in the incident; or\nin an investigation of, or proceeding for, an offence against this Act alleged to have been committed by the person.\nAlso, a board of inquiry established under part 5 , division 2 for a serious explosives incident may use the person’s biometric information for its inquiry into the incident, if the board reasonably suspects the person was involved in the incident.\ns 123T (prev s 123AD) ins 2019 No. 7 s 78\nrenum 2024 No. 34 s 138\n(sec.123T-ssec.1) The chief inspector may use the person’s biometric information— if the biometric information is taken in relation to a relevant application—to help identify the person for assessing and deciding the application; or to reproduce the biometric information on an occupational authority or security clearance given to the person; or in an investigation by the chief inspector of an explosives incident under part 5 , division 1 , if the chief inspector reasonably suspects the person was involved in the incident; or in an investigation of, or proceeding for, an offence against this Act alleged to have been committed by the person.\n(sec.123T-ssec.2) Also, a board of inquiry established under part 5 , division 2 for a serious explosives incident may use the person’s biometric information for its inquiry into the incident, if the board reasonably suspects the person was involved in the incident.\n- (a) if the biometric information is taken in relation to a relevant application—to help identify the person for assessing and deciding the application; or\n- (b) to reproduce the biometric information on an occupational authority or security clearance given to the person; or\n- (c) in an investigation by the chief inspector of an explosives incident under part 5 , division 1 , if the chief inspector reasonably suspects the person was involved in the incident; or\n- (d) in an investigation of, or proceeding for, an offence against this Act alleged to have been committed by the person.","sortOrder":232},{"sectionNumber":"sec.123U","sectionType":"section","heading":"Biometric information must be destroyed if relevant application refused or withdrawn","content":"### sec.123U Biometric information must be destroyed if relevant application refused or withdrawn\n\nThis section applies if—\nthe person’s relevant application is withdrawn; or\nthe chief inspector decides to refuse the person’s relevant application.\nThe chief inspector must, as soon as practicable after the relevant application is withdrawn or refused, destroy the person’s biometric information kept by the chief inspector.\ns 123U (prev s 123AE) ins 2019 No. 7 s 78\nrenum 2024 No. 34 s 138\n(sec.123U-ssec.1) This section applies if— the person’s relevant application is withdrawn; or the chief inspector decides to refuse the person’s relevant application.\n(sec.123U-ssec.2) The chief inspector must, as soon as practicable after the relevant application is withdrawn or refused, destroy the person’s biometric information kept by the chief inspector.\n- (a) the person’s relevant application is withdrawn; or\n- (b) the chief inspector decides to refuse the person’s relevant application.","sortOrder":233},{"sectionNumber":"sec.123V","sectionType":"section","heading":"When biometric information must be destroyed if authority or security clearance given","content":"### sec.123V When biometric information must be destroyed if authority or security clearance given\n\nThis section applies if the chief inspector—\ngives the person an occupational authority or security clearance; or\namends the person’s occupational authority under section 29 .\nThe chief inspector must destroy the person’s biometric information kept by the chief inspector as soon as practicable after the later of the following days—\nthe day the occupational authority or security clearance expires or is cancelled or surrendered;\nif the biometric information is relevant to an investigation, inquiry or proceeding mentioned in section 123T —the day the investigation, inquiry or proceeding ends.\ns 123V (prev s 123AF) ins 2019 No. 7 s 78\namd 2024 No. 34 s 137\nrenum 2024 No. 34 s 139\n(sec.123V-ssec.1) This section applies if the chief inspector— gives the person an occupational authority or security clearance; or amends the person’s occupational authority under section 29 .\n(sec.123V-ssec.2) The chief inspector must destroy the person’s biometric information kept by the chief inspector as soon as practicable after the later of the following days— the day the occupational authority or security clearance expires or is cancelled or surrendered; if the biometric information is relevant to an investigation, inquiry or proceeding mentioned in section 123T —the day the investigation, inquiry or proceeding ends.\n- (a) gives the person an occupational authority or security clearance; or\n- (b) amends the person’s occupational authority under section 29 .\n- (a) the day the occupational authority or security clearance expires or is cancelled or surrendered;\n- (b) if the biometric information is relevant to an investigation, inquiry or proceeding mentioned in section 123T —the day the investigation, inquiry or proceeding ends.","sortOrder":234},{"sectionNumber":"pt.8-div.2","sectionType":"division","heading":"Other general provisions","content":"## Other general provisions","sortOrder":235},{"sectionNumber":"sec.123W","sectionType":"section","heading":"Treatment of partnerships","content":"### sec.123W Treatment of partnerships\n\nSubject to this section, this Act applies to a partnership as if the partnership were a person.\nFor an application by, or renewal of a licence of, a partnership—\nsections 15 to 16A apply as if each partner were an applicant or authority holder; and\nif a partner is not an appropriate person to hold an authority, the partnership is not an appropriate person.\nIf, because of the operation of subsection (1) , a contravention of, or an offence against a provision of, this Act is taken to have been committed by a partnership, the contravention or offence is taken to have been committed by each of the partners.\nHowever, it is a defence for a partner to prove—\nif the partner was in a position to influence the conduct of the partnership in relation to the contravention or offence—the partner took reasonable steps to ensure the partnership complied with the provision; or\nthe partner was not in a position to influence the conduct of the partnership in relation to the contravention or offence.\ns 123W (prev s 123A) ins 2007 No. 46 s 49\namd 2019 No. 7 s 79\nrenum 2024 No. 34 s 134\n(sec.123W-ssec.1) Subject to this section, this Act applies to a partnership as if the partnership were a person.\n(sec.123W-ssec.2) For an application by, or renewal of a licence of, a partnership— sections 15 to 16A apply as if each partner were an applicant or authority holder; and if a partner is not an appropriate person to hold an authority, the partnership is not an appropriate person.\n(sec.123W-ssec.3) If, because of the operation of subsection (1) , a contravention of, or an offence against a provision of, this Act is taken to have been committed by a partnership, the contravention or offence is taken to have been committed by each of the partners.\n(sec.123W-ssec.4) However, it is a defence for a partner to prove— if the partner was in a position to influence the conduct of the partnership in relation to the contravention or offence—the partner took reasonable steps to ensure the partnership complied with the provision; or the partner was not in a position to influence the conduct of the partnership in relation to the contravention or offence.\n- (a) sections 15 to 16A apply as if each partner were an applicant or authority holder; and\n- (b) if a partner is not an appropriate person to hold an authority, the partnership is not an appropriate person.\n- (a) if the partner was in a position to influence the conduct of the partnership in relation to the contravention or offence—the partner took reasonable steps to ensure the partnership complied with the provision; or\n- (b) the partner was not in a position to influence the conduct of the partnership in relation to the contravention or offence.","sortOrder":236},{"sectionNumber":"sec.124","sectionType":"section","heading":"Disposal of forfeited things","content":"### sec.124 Disposal of forfeited things\n\nAnything forfeited to the State under this Act may be dealt with or disposed of in the way the Minister directs, including by destroying it.\nCompensation is not payable for anything forfeited to the State under this Act.\n(sec.124-ssec.1) Anything forfeited to the State under this Act may be dealt with or disposed of in the way the Minister directs, including by destroying it.\n(sec.124-ssec.2) Compensation is not payable for anything forfeited to the State under this Act.","sortOrder":237},{"sectionNumber":"sec.124A","sectionType":"section","heading":"Recovery of fees","content":"### sec.124A Recovery of fees\n\nA fee payable under this Act and not paid may be recovered by the CEO—\nin summary proceedings under the Justices Act 1886 ; or\nby action for a debt in a court of competent jurisdiction.\nA fee may also be recovered in a proceeding for an offence against this Act.\nAn order made in a proceeding under subsection (2) is enforceable under the Justices Act 1886 as an order for payment of money made by a magistrate under that Act.\nIf an order is made in a proceeding under subsection (2) —\nthe order may be filed in the registry of a Magistrates Court; and\non being filed, is taken to be an order made by a Magistrates Court and may be enforced accordingly.\ns 124A ins 2024 No. 34 s 139\n(sec.124A-ssec.1) A fee payable under this Act and not paid may be recovered by the CEO— in summary proceedings under the Justices Act 1886 ; or by action for a debt in a court of competent jurisdiction.\n(sec.124A-ssec.2) A fee may also be recovered in a proceeding for an offence against this Act.\n(sec.124A-ssec.3) An order made in a proceeding under subsection (2) is enforceable under the Justices Act 1886 as an order for payment of money made by a magistrate under that Act.\n(sec.124A-ssec.4) If an order is made in a proceeding under subsection (2) — the order may be filed in the registry of a Magistrates Court; and on being filed, is taken to be an order made by a Magistrates Court and may be enforced accordingly.\n- (a) in summary proceedings under the Justices Act 1886 ; or\n- (b) by action for a debt in a court of competent jurisdiction.\n- (a) the order may be filed in the registry of a Magistrates Court; and\n- (b) on being filed, is taken to be an order made by a Magistrates Court and may be enforced accordingly.","sortOrder":238},{"sectionNumber":"sec.125","sectionType":"section","heading":"Recovery of costs of government action","content":"### sec.125 Recovery of costs of government action\n\nThis section applies to a dangerous situation or an explosives incident (an incident ) completely or partly involving or arising from, or involving the danger of—\nthe escape of an explosive; or\nan explosion or fire involving explosives.\nIf a government entity incurs costs because of an incident, the entity may recover the costs reasonably incurred in dealing with the incident as a debt owing to the entity or the State.\nThe costs are recoverable jointly and severally from the following persons—\nthe person who owned the explosives when the incident happened;\nthe person who possessed the explosives when the incident happened;\nthe person who caused the incident;\nthe person responsible (other than as an employee, agent or subcontractor of someone else) for the explosives.\nHowever, costs are not recoverable from a person who establishes that—\nthe incident was due to the act or default of another person; or\nthe person could not, exercising reasonable care, have prevented the incident; or\nthe incident was not attributable to an employee, agent or subcontractor of the person.\nThis section does not limit the powers a government entity has apart from this Act.\n(sec.125-ssec.1) This section applies to a dangerous situation or an explosives incident (an incident ) completely or partly involving or arising from, or involving the danger of— the escape of an explosive; or an explosion or fire involving explosives.\n(sec.125-ssec.2) If a government entity incurs costs because of an incident, the entity may recover the costs reasonably incurred in dealing with the incident as a debt owing to the entity or the State.\n(sec.125-ssec.3) The costs are recoverable jointly and severally from the following persons— the person who owned the explosives when the incident happened; the person who possessed the explosives when the incident happened; the person who caused the incident; the person responsible (other than as an employee, agent or subcontractor of someone else) for the explosives.\n(sec.125-ssec.4) However, costs are not recoverable from a person who establishes that— the incident was due to the act or default of another person; or the person could not, exercising reasonable care, have prevented the incident; or the incident was not attributable to an employee, agent or subcontractor of the person.\n(sec.125-ssec.5) This section does not limit the powers a government entity has apart from this Act.\n- (a) the escape of an explosive; or\n- (b) an explosion or fire involving explosives.\n- (a) the person who owned the explosives when the incident happened;\n- (b) the person who possessed the explosives when the incident happened;\n- (c) the person who caused the incident;\n- (d) the person responsible (other than as an employee, agent or subcontractor of someone else) for the explosives.\n- (a) the incident was due to the act or default of another person; or\n- (b) the person could not, exercising reasonable care, have prevented the incident; or\n- (c) the incident was not attributable to an employee, agent or subcontractor of the person.","sortOrder":239},{"sectionNumber":"sec.126","sectionType":"section","heading":"Disclosure by doctors and psychologists of certain information","content":"### sec.126 Disclosure by doctors and psychologists of certain information\n\nThis section applies if—\na doctor or psychologist is of the opinion a patient is not a suitable person to hold, or to continue to hold, a security clearance—\nbecause of the patient’s mental condition; or\nbecause the patient may be a danger to the patient or another person; or\na doctor is of the opinion a patient is not an appropriate person to hold, or to continue to hold, an authority or to have access to explosives—\nbecause of the patient’s physical condition; or\nbecause the patient may be a danger to the patient or another person.\nThe doctor or psychologist may inform the chief inspector of the doctor’s or psychologist’s opinion and give the chief inspector any relevant information about the patient’s condition and identity.\nThis section applies despite any duty of confidentiality owed by the doctor or psychologist to the patient.\nThe giving of an opinion or information by a doctor or psychologist under this section does not give rise to any criminal or civil action or remedy against the doctor or psychologist.\ns 126 amd 2019 No. 7 s 80 ; 2024 No. 34 s 140\n(sec.126-ssec.1) This section applies if— a doctor or psychologist is of the opinion a patient is not a suitable person to hold, or to continue to hold, a security clearance— because of the patient’s mental condition; or because the patient may be a danger to the patient or another person; or a doctor is of the opinion a patient is not an appropriate person to hold, or to continue to hold, an authority or to have access to explosives— because of the patient’s physical condition; or because the patient may be a danger to the patient or another person.\n(sec.126-ssec.2) The doctor or psychologist may inform the chief inspector of the doctor’s or psychologist’s opinion and give the chief inspector any relevant information about the patient’s condition and identity.\n(sec.126-ssec.3) This section applies despite any duty of confidentiality owed by the doctor or psychologist to the patient.\n(sec.126-ssec.4) The giving of an opinion or information by a doctor or psychologist under this section does not give rise to any criminal or civil action or remedy against the doctor or psychologist.\n- (a) a doctor or psychologist is of the opinion a patient is not a suitable person to hold, or to continue to hold, a security clearance— (i) because of the patient’s mental condition; or (ii) because the patient may be a danger to the patient or another person; or\n- (i) because of the patient’s mental condition; or\n- (ii) because the patient may be a danger to the patient or another person; or\n- (b) a doctor is of the opinion a patient is not an appropriate person to hold, or to continue to hold, an authority or to have access to explosives— (i) because of the patient’s physical condition; or (ii) because the patient may be a danger to the patient or another person.\n- (i) because of the patient’s physical condition; or\n- (ii) because the patient may be a danger to the patient or another person.\n- (i) because of the patient’s mental condition; or\n- (ii) because the patient may be a danger to the patient or another person; or\n- (i) because of the patient’s physical condition; or\n- (ii) because the patient may be a danger to the patient or another person.","sortOrder":240},{"sectionNumber":"sec.126AA","sectionType":"section","heading":"Effect of setting aside or revoking domestic violence order or police protection direction","content":"### sec.126AA Effect of setting aside or revoking domestic violence order or police protection direction\n\nThis section applies if—\na person is named as the respondent in a domestic violence order; and\nthe person appeals against the decision to make the domestic violence order under—\nthe Domestic and Family Violence Protection Act 2012 , section 164 ; or\na law of another State or New Zealand that provides for the same matter as that section; and\nthe decision to make the domestic violence order is set aside under—\nthe Domestic and Family Violence Protection Act 2012 , section 169 ; or\na law of another State or New Zealand that provides for the same matter as that section.\nThis section also applies if—\na person is named as the respondent in a police protection direction; and\nthe direction is—\nrevoked under the Domestic and Family Violence Protection Act 2012 , section 100Y ; or\nset aside under section 100ZD of that Act.\nFor this Act, the domestic violence order or police protection direction is taken not to have been made.\nSubsection (4) applies if, before the decision to make the domestic violence order is set aside or the police protection direction is revoked or set aside, the chief inspector decides to refuse to give the person a security clearance, or to refuse to renew the person’s security clearance, on the ground the person is not a suitable person to hold the security clearance because the person is named as the respondent in the domestic violence order or police protection direction.\nSubsection (2) does not affect the validity of the chief inspector’s decision.\ns 126AA ins 2019 No. 7 s 81\namd 2025 No. 18 s 58\n(sec.126AA-ssec.1) This section applies if— a person is named as the respondent in a domestic violence order; and the person appeals against the decision to make the domestic violence order under— the Domestic and Family Violence Protection Act 2012 , section 164 ; or a law of another State or New Zealand that provides for the same matter as that section; and the decision to make the domestic violence order is set aside under— the Domestic and Family Violence Protection Act 2012 , section 169 ; or a law of another State or New Zealand that provides for the same matter as that section.\n(sec.126AA-ssec.1A) This section also applies if— a person is named as the respondent in a police protection direction; and the direction is— revoked under the Domestic and Family Violence Protection Act 2012 , section 100Y ; or set aside under section 100ZD of that Act.\n(sec.126AA-ssec.2) For this Act, the domestic violence order or police protection direction is taken not to have been made.\n(sec.126AA-ssec.3) Subsection (4) applies if, before the decision to make the domestic violence order is set aside or the police protection direction is revoked or set aside, the chief inspector decides to refuse to give the person a security clearance, or to refuse to renew the person’s security clearance, on the ground the person is not a suitable person to hold the security clearance because the person is named as the respondent in the domestic violence order or police protection direction.\n(sec.126AA-ssec.4) Subsection (2) does not affect the validity of the chief inspector’s decision.\n- (a) a person is named as the respondent in a domestic violence order; and\n- (b) the person appeals against the decision to make the domestic violence order under— (i) the Domestic and Family Violence Protection Act 2012 , section 164 ; or (ii) a law of another State or New Zealand that provides for the same matter as that section; and\n- (i) the Domestic and Family Violence Protection Act 2012 , section 164 ; or\n- (ii) a law of another State or New Zealand that provides for the same matter as that section; and\n- (c) the decision to make the domestic violence order is set aside under— (i) the Domestic and Family Violence Protection Act 2012 , section 169 ; or (ii) a law of another State or New Zealand that provides for the same matter as that section.\n- (i) the Domestic and Family Violence Protection Act 2012 , section 169 ; or\n- (ii) a law of another State or New Zealand that provides for the same matter as that section.\n- (i) the Domestic and Family Violence Protection Act 2012 , section 164 ; or\n- (ii) a law of another State or New Zealand that provides for the same matter as that section; and\n- (i) the Domestic and Family Violence Protection Act 2012 , section 169 ; or\n- (ii) a law of another State or New Zealand that provides for the same matter as that section.\n- (a) a person is named as the respondent in a police protection direction; and\n- (b) the direction is— (i) revoked under the Domestic and Family Violence Protection Act 2012 , section 100Y ; or (ii) set aside under section 100ZD of that Act.\n- (i) revoked under the Domestic and Family Violence Protection Act 2012 , section 100Y ; or\n- (ii) set aside under section 100ZD of that Act.\n- (i) revoked under the Domestic and Family Violence Protection Act 2012 , section 100Y ; or\n- (ii) set aside under section 100ZD of that Act.","sortOrder":241},{"sectionNumber":"sec.126A","sectionType":"section","heading":"Protection from reprisal","content":"### sec.126A Protection from reprisal\n\nA person must not cause, or attempt or conspire to cause, detriment to another person because, or in the belief that, the other person—\nhas made a complaint, or in any other way has raised, an explosives issue; or\nhas contacted or given help to an official in relation to an explosives issue.\nMaximum penalty—1,000 penalty units.\nAn attempt to cause detriment includes an attempt to induce a person to cause detriment.\nA contravention of subsection (1) is a reprisal or the taking of a reprisal.\nA ground mentioned in subsection (1) as the ground for a reprisal is the unlawful ground for the reprisal.\nFor the contravention to happen, it is sufficient if the unlawful ground is a substantial ground for the act or omission that is the reprisal, even if there is another ground for the act or omission.\nThis section does not limit or otherwise affect the operation of the Public Interest Disclosure Act 2010 , chapter 4 , part 1 in relation to reprisals.\nIn this section—\ndetriment includes—\npersonal injury or prejudice to safety; and\nproperty damage or loss; and\nintimidation or harassment; and\nadverse discrimination, disadvantage or adverse treatment about career, profession, employment, trade or business; and\nfinancial loss; and\ndamage to reputation, including, for example, personal, professional or business reputation.\nexplosives issue means an issue about—\nthe safety or health of a person while handling an explosive; or\nthe security of an explosive from access by a person who should not have access to the explosive.\ns 126A ins 2009 No. 16 s 32\namd 2010 No. 38 s 78 sch 3 ; 2019 No. 7 s 82 ; 2024 No. 34 s 141\n(sec.126A-ssec.1) A person must not cause, or attempt or conspire to cause, detriment to another person because, or in the belief that, the other person— has made a complaint, or in any other way has raised, an explosives issue; or has contacted or given help to an official in relation to an explosives issue. Maximum penalty—1,000 penalty units.\n(sec.126A-ssec.2) An attempt to cause detriment includes an attempt to induce a person to cause detriment.\n(sec.126A-ssec.3) A contravention of subsection (1) is a reprisal or the taking of a reprisal.\n(sec.126A-ssec.4) A ground mentioned in subsection (1) as the ground for a reprisal is the unlawful ground for the reprisal.\n(sec.126A-ssec.5) For the contravention to happen, it is sufficient if the unlawful ground is a substantial ground for the act or omission that is the reprisal, even if there is another ground for the act or omission.\n(sec.126A-ssec.6) This section does not limit or otherwise affect the operation of the Public Interest Disclosure Act 2010 , chapter 4 , part 1 in relation to reprisals.\n(sec.126A-ssec.7) In this section— detriment includes— personal injury or prejudice to safety; and property damage or loss; and intimidation or harassment; and adverse discrimination, disadvantage or adverse treatment about career, profession, employment, trade or business; and financial loss; and damage to reputation, including, for example, personal, professional or business reputation. explosives issue means an issue about— the safety or health of a person while handling an explosive; or the security of an explosive from access by a person who should not have access to the explosive.\n- (a) has made a complaint, or in any other way has raised, an explosives issue; or\n- (b) has contacted or given help to an official in relation to an explosives issue.\n- (a) personal injury or prejudice to safety; and\n- (b) property damage or loss; and\n- (c) intimidation or harassment; and\n- (d) adverse discrimination, disadvantage or adverse treatment about career, profession, employment, trade or business; and\n- (e) financial loss; and\n- (f) damage to reputation, including, for example, personal, professional or business reputation.\n- (a) the safety or health of a person while handling an explosive; or\n- (b) the security of an explosive from access by a person who should not have access to the explosive.","sortOrder":242},{"sectionNumber":"sec.126B","sectionType":"section","heading":"Damages entitlement for reprisal","content":"### sec.126B Damages entitlement for reprisal\n\nA reprisal is a tort and a person who takes a reprisal is liable in damages to anyone who suffers detriment as a result.\nAny appropriate remedy that may be granted by a court for a tort may be granted by a court for the taking of a reprisal.\nIf the claim for the damages goes to trial in the Supreme Court or the District Court, it must be decided by a judge sitting without a jury.\ns 126B ins 2009 No. 16 s 32\n(sec.126B-ssec.1) A reprisal is a tort and a person who takes a reprisal is liable in damages to anyone who suffers detriment as a result.\n(sec.126B-ssec.2) Any appropriate remedy that may be granted by a court for a tort may be granted by a court for the taking of a reprisal.\n(sec.126B-ssec.3) If the claim for the damages goes to trial in the Supreme Court or the District Court, it must be decided by a judge sitting without a jury.","sortOrder":243},{"sectionNumber":"sec.126C","sectionType":"section","heading":"Publication of information","content":"### sec.126C Publication of information\n\nThe section applies to the following persons—\nthe Minister;\nthe CEO;\nthe chief inspector.\nThe person may publish information about any of the following matters—\nthe commission of offences against this Act and persons who commit the offences;\ninvestigations and inquiries into explosives incidents conducted under this Act;\nthe action taken by inspectors or authorised officers to enforce this Act;\nthe suspension or cancellation of an authority or security clearance under this Act.\nAlso, the person may publish any of the following information about explosives incidents—\nthe total number of incidents that happened in a particular period;\na description of an incident, including, for example, where and when an incident happened;\nthe holder of an authority in relation to which an incident happened;\nthe injuries or deaths that occurred in an incident;\nany other information about an incident the person considers appropriate.\nThe person must not publish information under this section unless satisfied that it is in the public interest to do so.\nNo liability is incurred by the State or any other person for the publication of, or for anything done for the purpose of publishing, information under this section in good faith.\nSubsection (5) applies despite section 127 .\ns 126C ins 2011 No. 2 s 40\namd 2019 No. 7 s 83 ; 2020 No. 10 s 97 ; 2024 No. 34 s 142\n(sec.126C-ssec.1) The section applies to the following persons— the Minister; the CEO; the chief inspector.\n(sec.126C-ssec.2) The person may publish information about any of the following matters— the commission of offences against this Act and persons who commit the offences; investigations and inquiries into explosives incidents conducted under this Act; the action taken by inspectors or authorised officers to enforce this Act; the suspension or cancellation of an authority or security clearance under this Act.\n(sec.126C-ssec.3) Also, the person may publish any of the following information about explosives incidents— the total number of incidents that happened in a particular period; a description of an incident, including, for example, where and when an incident happened; the holder of an authority in relation to which an incident happened; the injuries or deaths that occurred in an incident; any other information about an incident the person considers appropriate.\n(sec.126C-ssec.4) The person must not publish information under this section unless satisfied that it is in the public interest to do so.\n(sec.126C-ssec.5) No liability is incurred by the State or any other person for the publication of, or for anything done for the purpose of publishing, information under this section in good faith.\n(sec.126C-ssec.6) Subsection (5) applies despite section 127 .\n- (a) the Minister;\n- (b) the CEO;\n- (c) the chief inspector.\n- (a) the commission of offences against this Act and persons who commit the offences;\n- (b) investigations and inquiries into explosives incidents conducted under this Act;\n- (c) the action taken by inspectors or authorised officers to enforce this Act;\n- (d) the suspension or cancellation of an authority or security clearance under this Act.\n- (a) the total number of incidents that happened in a particular period;\n- (b) a description of an incident, including, for example, where and when an incident happened;\n- (c) the holder of an authority in relation to which an incident happened;\n- (d) the injuries or deaths that occurred in an incident;\n- (e) any other information about an incident the person considers appropriate.","sortOrder":244},{"sectionNumber":"sec.126D","sectionType":"section","heading":"Chief inspector may issue safety and security alerts","content":"### sec.126D Chief inspector may issue safety and security alerts\n\nIf the chief inspector believes there is a specific issue in relation to the safety or security of explosives, the chief inspector may issue an explosives alert to particular persons or to the general public about the issue.\nThe explosives alert is advisory only and may recommend that the persons or the general public do or not do something.\nAn explosives alert is issued by—\nif the alert is to particular persons—giving the persons a written notice; or\nif the alert is to the general public—publishing a notice on a Queensland Government website; or\nif a person gives the chief inspector a unique electronic address for the person—by using electronic communication to send the alert to the address.\nIn this section—\ncommunication network means a network—\ncapable of electronic communication; and\ndesigned to enable a user of the network to communicate with a specific person or a group of people.\na telephone network or computer network\nunique electronic address , for a person, means a fixed designation on a communication network assigned to the person for the person to receive information.\nan email address, mobile phone number or user account\ns 126D ins 2019 No. 7 s 84\namd 2024 No. 34 s 143\n(sec.126D-ssec.1) If the chief inspector believes there is a specific issue in relation to the safety or security of explosives, the chief inspector may issue an explosives alert to particular persons or to the general public about the issue.\n(sec.126D-ssec.2) The explosives alert is advisory only and may recommend that the persons or the general public do or not do something.\n(sec.126D-ssec.3) An explosives alert is issued by— if the alert is to particular persons—giving the persons a written notice; or if the alert is to the general public—publishing a notice on a Queensland Government website; or if a person gives the chief inspector a unique electronic address for the person—by using electronic communication to send the alert to the address.\n(sec.126D-ssec.4) In this section— communication network means a network— capable of electronic communication; and designed to enable a user of the network to communicate with a specific person or a group of people. a telephone network or computer network unique electronic address , for a person, means a fixed designation on a communication network assigned to the person for the person to receive information. an email address, mobile phone number or user account\n- (a) if the alert is to particular persons—giving the persons a written notice; or\n- (b) if the alert is to the general public—publishing a notice on a Queensland Government website; or\n- (c) if a person gives the chief inspector a unique electronic address for the person—by using electronic communication to send the alert to the address.\n- (a) capable of electronic communication; and\n- (b) designed to enable a user of the network to communicate with a specific person or a group of people.","sortOrder":245},{"sectionNumber":"sec.127","sectionType":"section","heading":"Protection from liability","content":"### sec.127 Protection from liability\n\nAn official is not civilly liable for an act done, or omission made, honestly and without negligence under this Act.\ngiving information or advice\nIf subsection (1) prevents a civil liability attaching to an official, the liability attaches instead to the State.\ns 127 amd 2009 No. 16 s 33\n(sec.127-ssec.1) An official is not civilly liable for an act done, or omission made, honestly and without negligence under this Act. giving information or advice\n(sec.127-ssec.2) If subsection (1) prevents a civil liability attaching to an official, the liability attaches instead to the State.","sortOrder":246},{"sectionNumber":"sec.128","sectionType":"section","heading":"Delegation by Minister","content":"### sec.128 Delegation by Minister\n\nThe Minister may delegate the Minister’s powers under this Act to an appropriately qualified public service officer or employee.\nHowever, the Minister may not delegate the Minister’s powers—\nto declare a place to be a government magazine; or\nto establish a board of inquiry.\n(sec.128-ssec.1) The Minister may delegate the Minister’s powers under this Act to an appropriately qualified public service officer or employee.\n(sec.128-ssec.2) However, the Minister may not delegate the Minister’s powers— to declare a place to be a government magazine; or to establish a board of inquiry.\n- (a) to declare a place to be a government magazine; or\n- (b) to establish a board of inquiry.","sortOrder":247},{"sectionNumber":"sec.129","sectionType":"section","heading":"Delegation by CEO","content":"### sec.129 Delegation by CEO\n\nThe CEO may delegate the CEO’s functions under this Act to an appropriately qualified person.\nIn this section—\nfunctions includes powers.\ns 129 sub 2020 No. 10 s 98\n(sec.129-ssec.1) The CEO may delegate the CEO’s functions under this Act to an appropriately qualified person.\n(sec.129-ssec.2) In this section— functions includes powers.","sortOrder":248},{"sectionNumber":"sec.130","sectionType":"section","heading":"Delegation by chief inspector","content":"### sec.130 Delegation by chief inspector\n\nThe chief inspector may delegate the chief inspector’s powers under this Act to an inspector or authorised officer.\nHowever, the chief inspector may not delegate the chief inspector’s power under section 105B .\ns 130 sub 2019 No. 7 s 85\n(sec.130-ssec.1) The chief inspector may delegate the chief inspector’s powers under this Act to an inspector or authorised officer.\n(sec.130-ssec.2) However, the chief inspector may not delegate the chief inspector’s power under section 105B .","sortOrder":249},{"sectionNumber":"sec.131","sectionType":"section","heading":"Chief inspector may ask for information","content":"### sec.131 Chief inspector may ask for information\n\nThe chief inspector may, by written notice, require a person dealing with explosives to give to the chief inspector within a stated reasonable time (not less than 14 days) stated reasonable information about the import, export, manufacture, transport, storage, sale, use or disposal of explosives by or for the person.\nThe person must comply with the notice, unless the person has a reasonable excuse.\nMaximum penalty—20 penalty units.\nIt is a reasonable excuse for an individual for subsection (2) that—\nthe information sought by the chief inspector is not available to the individual; or\nthe individual is not under a duty under this Act to keep the information; or\ngiving the information might tend to incriminate the individual or make the individual liable to a penalty.\ns 131 amd 2011 No. 2 s 41\n(sec.131-ssec.1) The chief inspector may, by written notice, require a person dealing with explosives to give to the chief inspector within a stated reasonable time (not less than 14 days) stated reasonable information about the import, export, manufacture, transport, storage, sale, use or disposal of explosives by or for the person.\n(sec.131-ssec.2) The person must comply with the notice, unless the person has a reasonable excuse. Maximum penalty—20 penalty units.\n(sec.131-ssec.3) It is a reasonable excuse for an individual for subsection (2) that— the information sought by the chief inspector is not available to the individual; or the individual is not under a duty under this Act to keep the information; or giving the information might tend to incriminate the individual or make the individual liable to a penalty.\n- (a) the information sought by the chief inspector is not available to the individual; or\n- (b) the individual is not under a duty under this Act to keep the information; or\n- (c) giving the information might tend to incriminate the individual or make the individual liable to a penalty.","sortOrder":250},{"sectionNumber":"sec.132","sectionType":"section","heading":"Disclosure of information","content":"### sec.132 Disclosure of information\n\nA person must not disclose information obtained by the person in the administration of this Act, unless the disclosure is made—\nwith the consent of the person from whom the information was obtained; or\nin the administration of this Act; or\nin an investigation or a proceeding under this Act or a report about the investigation or proceeding; or\nin a proceeding before a court in which the information is relevant to the issue before the court; or\nin information published under section 126C ; or\nin the interests of public safety.\nMaximum penalty—20 penalty units.\nHowever, the chief inspector may communicate anything that comes to the chief inspector’s knowledge under this Act to—\na chief executive of a public service entity under the Public Sector Act 2022 , section 9 ; or\nan officer of a department or agency of the Commonwealth or another State responsible for administering a law about safety and health.\nThis section does not limit the Right to Information Act 2009 .\ns 132 amd 2009 No. 13 s 213 sch 5 ; 2011 No. 2 s 42 ; 2019 No. 7 s 86 ; 2022 No. 34 s 365 sch 3 ; 2024 No. 34 s 144 ; 2023 No. 32 s 141 s ch 1 pt 2\n(sec.132-ssec.1) A person must not disclose information obtained by the person in the administration of this Act, unless the disclosure is made— with the consent of the person from whom the information was obtained; or in the administration of this Act; or in an investigation or a proceeding under this Act or a report about the investigation or proceeding; or in a proceeding before a court in which the information is relevant to the issue before the court; or in information published under section 126C ; or in the interests of public safety. Maximum penalty—20 penalty units.\n(sec.132-ssec.2) However, the chief inspector may communicate anything that comes to the chief inspector’s knowledge under this Act to— a chief executive of a public service entity under the Public Sector Act 2022 , section 9 ; or an officer of a department or agency of the Commonwealth or another State responsible for administering a law about safety and health.\n(sec.132-ssec.3) This section does not limit the Right to Information Act 2009 .\n- (a) with the consent of the person from whom the information was obtained; or\n- (b) in the administration of this Act; or\n- (c) in an investigation or a proceeding under this Act or a report about the investigation or proceeding; or\n- (d) in a proceeding before a court in which the information is relevant to the issue before the court; or\n- (e) in information published under section 126C ; or\n- (f) in the interests of public safety.\n- (a) a chief executive of a public service entity under the Public Sector Act 2022 , section 9 ; or\n- (b) an officer of a department or agency of the Commonwealth or another State responsible for administering a law about safety and health.","sortOrder":251},{"sectionNumber":"sec.132A","sectionType":"section","heading":"Additional requirements for disclosure to particular persons","content":"### sec.132A Additional requirements for disclosure to particular persons\n\nA person given information under section 132 (2) —\nmust not give it to another person unless authorised, in writing, by the chief inspector to do so; and\nmust ensure the information is used only for the purpose for which it was given under that section.\ns 132A ins 2019 No. 7 s 87\n- (a) must not give it to another person unless authorised, in writing, by the chief inspector to do so; and\n- (b) must ensure the information is used only for the purpose for which it was given under that section.","sortOrder":252},{"sectionNumber":"sec.133","sectionType":"section","heading":"Evidentiary provision","content":"### sec.133 Evidentiary provision\n\nThis section applies to a proceeding under this Act.\nThe appointment or power of an inspector or an authorised officer must be presumed unless a party, by reasonable notice, requires proof of—\nthe appointment; or\nthe inspector’s power or the authorised officer’s power to do anything under this Act.\nA signature purporting to be the signature of the CEO, the WHS prosecutor, the chief inspector, an inspector or an authorised officer is evidence of the signature it purports to be.\nA certificate purporting to be signed by a person mentioned in subsection (3) and stating any of the following matters is evidence of the matter—\na stated document is—\nan authority or a copy of an authority; or\na security clearance or a copy of a security clearance; or\nan order, determination, direction, requirement or decision, or a copy of an order, determination, direction, requirement or decision, given or made under this Act; or\na notice, or a copy of a notice, given under this Act; or\na record, or a copy of a record, kept under this Act; or\na document, or a copy of a document, kept under this Act;\non a stated day, or during a stated period, a stated person was or was not the holder of—\nan authority or a stated authority; or\na security clearance or a stated security clearance;\na stated authority, security clearance or determination was or was not in force on a stated day or during a stated period;\non a stated day, an authority, security clearance or determination was—\nsuspended for a stated period; or\ncancelled;\non a stated day, a stated person was given a stated notice, order, requirement or direction under this Act;\na stated fee or other amount is payable by a stated person and has not been paid;\nanything else prescribed under a regulation.\ns 133 amd 2010 No. 17 s 43 ; 2019 No. 7 s 88 ; 2020 No. 10 s 99\n(sec.133-ssec.1) This section applies to a proceeding under this Act.\n(sec.133-ssec.2) The appointment or power of an inspector or an authorised officer must be presumed unless a party, by reasonable notice, requires proof of— the appointment; or the inspector’s power or the authorised officer’s power to do anything under this Act.\n(sec.133-ssec.3) A signature purporting to be the signature of the CEO, the WHS prosecutor, the chief inspector, an inspector or an authorised officer is evidence of the signature it purports to be.\n(sec.133-ssec.4) A certificate purporting to be signed by a person mentioned in subsection (3) and stating any of the following matters is evidence of the matter— a stated document is— an authority or a copy of an authority; or a security clearance or a copy of a security clearance; or an order, determination, direction, requirement or decision, or a copy of an order, determination, direction, requirement or decision, given or made under this Act; or a notice, or a copy of a notice, given under this Act; or a record, or a copy of a record, kept under this Act; or a document, or a copy of a document, kept under this Act; on a stated day, or during a stated period, a stated person was or was not the holder of— an authority or a stated authority; or a security clearance or a stated security clearance; a stated authority, security clearance or determination was or was not in force on a stated day or during a stated period; on a stated day, an authority, security clearance or determination was— suspended for a stated period; or cancelled; on a stated day, a stated person was given a stated notice, order, requirement or direction under this Act; a stated fee or other amount is payable by a stated person and has not been paid; anything else prescribed under a regulation.\n- (a) the appointment; or\n- (b) the inspector’s power or the authorised officer’s power to do anything under this Act.\n- (a) a stated document is— (i) an authority or a copy of an authority; or (ii) a security clearance or a copy of a security clearance; or (iii) an order, determination, direction, requirement or decision, or a copy of an order, determination, direction, requirement or decision, given or made under this Act; or (iv) a notice, or a copy of a notice, given under this Act; or (v) a record, or a copy of a record, kept under this Act; or (vi) a document, or a copy of a document, kept under this Act;\n- (i) an authority or a copy of an authority; or\n- (ii) a security clearance or a copy of a security clearance; or\n- (iii) an order, determination, direction, requirement or decision, or a copy of an order, determination, direction, requirement or decision, given or made under this Act; or\n- (iv) a notice, or a copy of a notice, given under this Act; or\n- (v) a record, or a copy of a record, kept under this Act; or\n- (vi) a document, or a copy of a document, kept under this Act;\n- (b) on a stated day, or during a stated period, a stated person was or was not the holder of— (i) an authority or a stated authority; or (ii) a security clearance or a stated security clearance;\n- (i) an authority or a stated authority; or\n- (ii) a security clearance or a stated security clearance;\n- (c) a stated authority, security clearance or determination was or was not in force on a stated day or during a stated period;\n- (d) on a stated day, an authority, security clearance or determination was— (i) suspended for a stated period; or (ii) cancelled;\n- (i) suspended for a stated period; or\n- (ii) cancelled;\n- (e) on a stated day, a stated person was given a stated notice, order, requirement or direction under this Act;\n- (f) a stated fee or other amount is payable by a stated person and has not been paid;\n- (g) anything else prescribed under a regulation.\n- (i) an authority or a copy of an authority; or\n- (ii) a security clearance or a copy of a security clearance; or\n- (iii) an order, determination, direction, requirement or decision, or a copy of an order, determination, direction, requirement or decision, given or made under this Act; or\n- (iv) a notice, or a copy of a notice, given under this Act; or\n- (v) a record, or a copy of a record, kept under this Act; or\n- (vi) a document, or a copy of a document, kept under this Act;\n- (i) an authority or a stated authority; or\n- (ii) a security clearance or a stated security clearance;\n- (i) suspended for a stated period; or\n- (ii) cancelled;","sortOrder":253},{"sectionNumber":"sec.133A","sectionType":"section","heading":"Expert reports","content":"### sec.133A Expert reports\n\nThis section applies to a proceeding under this Act, other than a proceeding under part 7 .\nAn expert report is admissible in evidence.\nHowever, if the person making the report (the expert ) does not attend to give oral evidence in the proceeding, the report is admissible only with the court’s leave.\nIn deciding whether to grant leave, the court must have regard to—\nthe content of the report; and\nthe reason the expert is not attending to give oral evidence; and\nthe risk the admission in evidence or exclusion from evidence of the expert report will result in unfairness to a party, in particular having regard to the party’s ability to dispute the content of the report if the expert does not give oral evidence; and\nany other relevant circumstance.\nAn expert report admitted in evidence is evidence of any fact or opinion stated in the report of which the expert could have given oral evidence.\nIn this section—\nexpert report means a report made by a person that deals entirely or mainly with issues on which the person is qualified to give expert evidence, but does not include an analyst’s report.\ns 133A ins 2019 No. 7 s 89\n(sec.133A-ssec.1) This section applies to a proceeding under this Act, other than a proceeding under part 7 .\n(sec.133A-ssec.2) An expert report is admissible in evidence.\n(sec.133A-ssec.3) However, if the person making the report (the expert ) does not attend to give oral evidence in the proceeding, the report is admissible only with the court’s leave.\n(sec.133A-ssec.4) In deciding whether to grant leave, the court must have regard to— the content of the report; and the reason the expert is not attending to give oral evidence; and the risk the admission in evidence or exclusion from evidence of the expert report will result in unfairness to a party, in particular having regard to the party’s ability to dispute the content of the report if the expert does not give oral evidence; and any other relevant circumstance.\n(sec.133A-ssec.5) An expert report admitted in evidence is evidence of any fact or opinion stated in the report of which the expert could have given oral evidence.\n(sec.133A-ssec.6) In this section— expert report means a report made by a person that deals entirely or mainly with issues on which the person is qualified to give expert evidence, but does not include an analyst’s report.\n- (a) the content of the report; and\n- (b) the reason the expert is not attending to give oral evidence; and\n- (c) the risk the admission in evidence or exclusion from evidence of the expert report will result in unfairness to a party, in particular having regard to the party’s ability to dispute the content of the report if the expert does not give oral evidence; and\n- (d) any other relevant circumstance.","sortOrder":254},{"sectionNumber":"sec.133B","sectionType":"section","heading":"Analysts’ reports","content":"### sec.133B Analysts’ reports\n\nThis section applies to a proceeding under this Act, other than a proceeding under part 7 .\nThe production by a party to the proceeding of a signed analyst’s report stating any of the following matters is evidence of the matters—\nthe analyst’s qualifications;\nthe analyst took, or received from a stated person, the sample mentioned in the report;\nthe analyst analysed the sample on a stated day, or during a stated period, at a stated place;\nthe results of the analysis.\ns 133B ins 2019 No. 7 s 89\n(sec.133B-ssec.1) This section applies to a proceeding under this Act, other than a proceeding under part 7 .\n(sec.133B-ssec.2) The production by a party to the proceeding of a signed analyst’s report stating any of the following matters is evidence of the matters— the analyst’s qualifications; the analyst took, or received from a stated person, the sample mentioned in the report; the analyst analysed the sample on a stated day, or during a stated period, at a stated place; the results of the analysis.\n- (a) the analyst’s qualifications;\n- (b) the analyst took, or received from a stated person, the sample mentioned in the report;\n- (c) the analyst analysed the sample on a stated day, or during a stated period, at a stated place;\n- (d) the results of the analysis.","sortOrder":255},{"sectionNumber":"sec.134","sectionType":"section","heading":"Approved forms","content":"### sec.134 Approved forms\n\nThe chief inspector and the CEO may approve forms for use under this Act.\ns 134 amd 2024 No. 34 s 145","sortOrder":256},{"sectionNumber":"sec.135","sectionType":"section","heading":"Regulation-making power","content":"### sec.135 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.\nWithout limiting subsection (1) , a regulation may be made about any of the following matters—\nfees and charges;\nrecords to be kept by an authority holder;\nstandards for the construction and maintenance of, and fittings, appliances, and equipment used in, factories and magazines;\nthe use or storage in a factory or magazine of explosives or anything else that may ignite spontaneously;\nthe appointment of a person to be the manager of a government magazine and the functions and powers of the manager;\nrules for the employment and conduct of workers in, and other persons entering, explosives factories or magazines;\nthe way explosives that are dangerous to the public or property must be dealt with;\nthe way explosives must be packed and labelled;\ncondemning explosives and their destruction or disposal;\nconditions, and other requirements, that apply to an authority or security clearance;\notherwise regulating activities in relation to explosives;\nthe keeping of a register of authorities and security clearances, including the disclosure and publication of information in the register.\nWithout limiting subsection (1) or (2) (a) , a regulation may be made about assessing, charging and recovering fees payable to cover the cost of activities, carried out under this Act or another Act, relating to safety and health for explosives.\nWithout limiting subsection (3) , a regulation may provide for any of the following—\nthe types of activities for which fees may be charged and recovered;\nthe fees to be charged;\nthe way the fees are calculated including, for the first time the fees are charged, prescribing the way based on criteria in place before the commencement of the regulation;\nwho must pay the fees;\nhow, when, where, and to whom, the fees must be paid;\nthe calculation of interest payable on unpaid fees;\nthe information that must be provided by the persons who must pay the fees;\nhow, when, where, and to whom, the information is to be provided;\ninvestigations by inspectors to obtain and check the information.\nA regulation may also create offences and impose penalties of not more than 200 penalty units for an offence.\ns 135 amd 2008 No. 43 s 7 ; 2011 No. 2 s 43 ; 2014 No. 40 s 154 sch 1 pt 4 ; 2019 No. 7 s 90 ; 2020 No. 14 s 33 ; 2020 No. 10 s 100\n(sec.135-ssec.1) The Governor in Council may make regulations under this Act.\n(sec.135-ssec.2) Without limiting subsection (1) , a regulation may be made about any of the following matters— fees and charges; records to be kept by an authority holder; standards for the construction and maintenance of, and fittings, appliances, and equipment used in, factories and magazines; the use or storage in a factory or magazine of explosives or anything else that may ignite spontaneously; the appointment of a person to be the manager of a government magazine and the functions and powers of the manager; rules for the employment and conduct of workers in, and other persons entering, explosives factories or magazines; the way explosives that are dangerous to the public or property must be dealt with; the way explosives must be packed and labelled; condemning explosives and their destruction or disposal; conditions, and other requirements, that apply to an authority or security clearance; otherwise regulating activities in relation to explosives; the keeping of a register of authorities and security clearances, including the disclosure and publication of information in the register.\n(sec.135-ssec.3) Without limiting subsection (1) or (2) (a) , a regulation may be made about assessing, charging and recovering fees payable to cover the cost of activities, carried out under this Act or another Act, relating to safety and health for explosives.\n(sec.135-ssec.4) Without limiting subsection (3) , a regulation may provide for any of the following— the types of activities for which fees may be charged and recovered; the fees to be charged; the way the fees are calculated including, for the first time the fees are charged, prescribing the way based on criteria in place before the commencement of the regulation; who must pay the fees; how, when, where, and to whom, the fees must be paid; the calculation of interest payable on unpaid fees; the information that must be provided by the persons who must pay the fees; how, when, where, and to whom, the information is to be provided; investigations by inspectors to obtain and check the information.\n(sec.135-ssec.5) A regulation may also create offences and impose penalties of not more than 200 penalty units for an offence.\n- (a) fees and charges;\n- (b) records to be kept by an authority holder;\n- (c) standards for the construction and maintenance of, and fittings, appliances, and equipment used in, factories and magazines;\n- (d) the use or storage in a factory or magazine of explosives or anything else that may ignite spontaneously;\n- (e) the appointment of a person to be the manager of a government magazine and the functions and powers of the manager;\n- (f) rules for the employment and conduct of workers in, and other persons entering, explosives factories or magazines;\n- (g) the way explosives that are dangerous to the public or property must be dealt with;\n- (h) the way explosives must be packed and labelled;\n- (i) condemning explosives and their destruction or disposal;\n- (j) conditions, and other requirements, that apply to an authority or security clearance;\n- (k) otherwise regulating activities in relation to explosives;\n- (l) the keeping of a register of authorities and security clearances, including the disclosure and publication of information in the register.\n- (a) the types of activities for which fees may be charged and recovered;\n- (b) the fees to be charged;\n- (c) the way the fees are calculated including, for the first time the fees are charged, prescribing the way based on criteria in place before the commencement of the regulation;\n- (d) who must pay the fees;\n- (e) how, when, where, and to whom, the fees must be paid;\n- (f) the calculation of interest payable on unpaid fees;\n- (g) the information that must be provided by the persons who must pay the fees;\n- (h) how, when, where, and to whom, the information is to be provided;\n- (i) investigations by inspectors to obtain and check the information.","sortOrder":257},{"sectionNumber":"pt.9","sectionType":"part","heading":"Repeal","content":"# Repeal","sortOrder":258},{"sectionNumber":"sec.136","sectionType":"section","heading":"Repeal","content":"### sec.136 Repeal\n\nThe Explosives Act 1952 is repealed.","sortOrder":259},{"sectionNumber":"pt.10","sectionType":"part","heading":"Transitional and validation provisions","content":"# Transitional and validation provisions","sortOrder":260},{"sectionNumber":"pt.10-div.1","sectionType":"division","heading":"Transitional provisions for Act No. 15 of 1999","content":"## Transitional provisions for Act No. 15 of 1999","sortOrder":261},{"sectionNumber":"sec.138","sectionType":"section","heading":"Existing licences etc.","content":"### sec.138 Existing licences etc.\n\nA licence, permit, certificate or another permission in force under the former Act immediately before the commencement of this section continues in force, subject to this Act, as if it were an authority issued under this Act.","sortOrder":262},{"sectionNumber":"sec.139","sectionType":"section","heading":"Existing register","content":"### sec.139 Existing register\n\nThe register kept under the former Act continues as a register under this Act.","sortOrder":263},{"sectionNumber":"sec.140","sectionType":"section","heading":null,"content":"### Section sec.140\n\ns 140 amd 2000 No. 18 s 15 ; 2001 No. 33 s 9 ; 2002 No. 25 s 18\nexp 30 June 2003 (see s 140(5))","sortOrder":264},{"sectionNumber":"sec.141","sectionType":"section","heading":"Existing exemptions","content":"### sec.141 Existing exemptions\n\nAn exemption in force under a regulation in force under the former Act immediately before the commencement of this section continues in force for this Act.","sortOrder":265},{"sectionNumber":"sec.142","sectionType":"section","heading":"Inspectors","content":"### sec.142 Inspectors\n\nA person who, immediately before the commencement of this section, was the chief inspector of explosives, is taken to be the chief inspector for this Act.\nA person who, immediately before the commencement of this section, was an inspector under the former Act is taken to be an inspector under this Act.\n(sec.142-ssec.1) A person who, immediately before the commencement of this section, was the chief inspector of explosives, is taken to be the chief inspector for this Act.\n(sec.142-ssec.2) A person who, immediately before the commencement of this section, was an inspector under the former Act is taken to be an inspector under this Act.","sortOrder":266},{"sectionNumber":"sec.143","sectionType":"section","heading":"References to Explosives Act 1952","content":"### sec.143 References to Explosives Act 1952\n\nIn an Act or document, a reference to the Explosives Act 1952 may, if the context permits, be taken to be a reference to this Act.","sortOrder":267},{"sectionNumber":"pt.10-div.2","sectionType":"division","heading":"Transitional provision for Mining and Other Legislation Amendment Act 2007","content":"## Transitional provision for Mining and Other Legislation Amendment Act 2007","sortOrder":268},{"sectionNumber":"sec.144","sectionType":"section","heading":"Existing applications for an authority or renewal of licence","content":"### sec.144 Existing applications for an authority or renewal of licence\n\nIf, before the commencement of this section, an application was made under this Act for an authority, or renewal of a licence, and the application was not decided before the commencement of this section, the application must be decided by the chief inspector as if the application had been made after the commencement.\ns 144 ins 2007 No. 46 s 51","sortOrder":269},{"sectionNumber":"pt.10-div.3","sectionType":"division","heading":"Transitional provision for Mines and Energy Legislation Amendment Act 2011","content":"## Transitional provision for Mines and Energy Legislation Amendment Act 2011","sortOrder":270},{"sectionNumber":"sec.145","sectionType":"section","heading":"Application of investigation costs provision to undecided appeals and reviews","content":"### sec.145 Application of investigation costs provision to undecided appeals and reviews\n\nThe investigation costs provision applies to a person being convicted of an offence against this Act regardless of when the offence against this Act was committed.\nSubsection (1) applies despite the following provisions—\nthe Criminal Code, section 11(2);\nthe Acts Interpretation Act 1954 , section 20C.\nIn this section—\ninvestigation costs provision means section 122(1) as amended under the Mines and Energy Legislation Amendment Act 2011 .\ns 145 ins 2011 No. 2 s 46\n(sec.145-ssec.1) The investigation costs provision applies to a person being convicted of an offence against this Act regardless of when the offence against this Act was committed.\n(sec.145-ssec.2) Subsection (1) applies despite the following provisions— the Criminal Code, section 11(2); the Acts Interpretation Act 1954 , section 20C.\n(sec.145-ssec.3) In this section— investigation costs provision means section 122(1) as amended under the Mines and Energy Legislation Amendment Act 2011 .\n- (a) the Criminal Code, section 11(2);\n- (b) the Acts Interpretation Act 1954 , section 20C.","sortOrder":271},{"sectionNumber":"pt.10-div.4","sectionType":"division","heading":"Transitional and validation provision for Water Reform and Other Legislation Amendment Act 2014","content":"## Transitional and validation provision for Water Reform and Other Legislation Amendment Act 2014","sortOrder":272},{"sectionNumber":"sec.146","sectionType":"section","heading":"Return of seized things","content":"### sec.146 Return of seized things\n\nNew section 95 applies in relation to a thing seized under part 6 before the commencement that, on the commencement, is still seized.\nIf, at any time before the commencement, a thing seized under part 6 was not returned to its owner within the time required under old section 95—\nthe retention of the thing is taken to have been as lawful as it would have been apart from the non-compliance with old section 95; and\nthe State is not liable to pay compensation, and does not incur any other liability, for the retention of the thing in contravention of old section 95.\nSubsection (2) applies for all purposes including a legal proceeding started before the commencement.\nIn this section—\nnew section 95 means section 95 as in force from the commencement.\nold section 95 means section 95 as in force from time to time before the commencement.\ns 146 ins 2014 No. 64 s 212D\n(sec.146-ssec.1) New section 95 applies in relation to a thing seized under part 6 before the commencement that, on the commencement, is still seized.\n(sec.146-ssec.2) If, at any time before the commencement, a thing seized under part 6 was not returned to its owner within the time required under old section 95— the retention of the thing is taken to have been as lawful as it would have been apart from the non-compliance with old section 95; and the State is not liable to pay compensation, and does not incur any other liability, for the retention of the thing in contravention of old section 95.\n(sec.146-ssec.3) Subsection (2) applies for all purposes including a legal proceeding started before the commencement.\n(sec.146-ssec.4) In this section— new section 95 means section 95 as in force from the commencement. old section 95 means section 95 as in force from time to time before the commencement.\n- (a) the retention of the thing is taken to have been as lawful as it would have been apart from the non-compliance with old section 95; and\n- (b) the State is not liable to pay compensation, and does not incur any other liability, for the retention of the thing in contravention of old section 95.","sortOrder":273},{"sectionNumber":"pt.10-div.5","sectionType":"division","heading":"Validation provision for Land and Other Legislation Amendment Act 2017","content":"## Validation provision for Land and Other Legislation Amendment Act 2017","sortOrder":274},{"sectionNumber":"sec.147","sectionType":"section","heading":"Validation of particular appointments","content":"### sec.147 Validation of particular appointments\n\nThis section applies if, before the commencement, a person was purportedly appointed or designated to any of the following offices (each a relevant office )—\nan inspector under section 78(1);\nfor an inspector—the chief inspector under section 78(2).\nThe person is declared to always have been validly appointed to the relevant office.\nAnything done or omitted to be done by the person that would have been valid and lawful under this Act had the person been validly appointed to the relevant office is taken to be, and always to have been, valid and lawful.\nWithout limiting subsection (3), it is declared that evidence obtained by the person in the purported exercise of a power under this Act is taken to be, and always to have been, lawfully obtained.\ns 147 ins 2017 No. 10 s 2F\n(sec.147-ssec.1) This section applies if, before the commencement, a person was purportedly appointed or designated to any of the following offices (each a relevant office )— an inspector under section 78(1); for an inspector—the chief inspector under section 78(2).\n(sec.147-ssec.2) The person is declared to always have been validly appointed to the relevant office.\n(sec.147-ssec.3) Anything done or omitted to be done by the person that would have been valid and lawful under this Act had the person been validly appointed to the relevant office is taken to be, and always to have been, valid and lawful.\n(sec.147-ssec.4) Without limiting subsection (3), it is declared that evidence obtained by the person in the purported exercise of a power under this Act is taken to be, and always to have been, lawfully obtained.\n- (a) an inspector under section 78(1);\n- (b) for an inspector—the chief inspector under section 78(2).","sortOrder":275},{"sectionNumber":"pt.10-div.6","sectionType":"division","heading":"Transitional provisions for Land, Explosives and Other Legislation Amendment Act 2019","content":"## Transitional provisions for Land, Explosives and Other Legislation Amendment Act 2019","sortOrder":276},{"sectionNumber":"sec.148","sectionType":"section","heading":"Definitions for division","content":"### sec.148 Definitions for division\n\nIn this division—\namendment Act means the Land, Explosives and Other Legislation Amendment Act 2019 .\nexisting application see section 149(1).\nformer , in relation to a provision, means as in force immediately before the provision was amended or repealed by the amendment Act.\ns 148 ins 2019 No. 7 s 91","sortOrder":277},{"sectionNumber":"sec.149","sectionType":"section","heading":"Existing applications for or to renew authorities","content":"### sec.149 Existing applications for or to renew authorities\n\nThis section applies in relation to the following applications (each an existing application )—\nan application for an authority made, but not decided, before the commencement;\nan application to renew an authority made, but not decided, before the commencement.\nFormer part 3, division 1 continues to apply in relation to the application as if the amendment Act had not commenced.\nTo remove any doubt, it is declared that—\nfor deciding the application, section 15A does not apply to the applicant; and\nformer sections 15 and 16 continue to apply in relation to the applicant and an employee of the applicant until the application is decided.\ns 149 ins 2019 No. 7 s 91\n(sec.149-ssec.1) This section applies in relation to the following applications (each an existing application )— an application for an authority made, but not decided, before the commencement; an application to renew an authority made, but not decided, before the commencement.\n(sec.149-ssec.2) Former part 3, division 1 continues to apply in relation to the application as if the amendment Act had not commenced.\n(sec.149-ssec.3) To remove any doubt, it is declared that— for deciding the application, section 15A does not apply to the applicant; and former sections 15 and 16 continue to apply in relation to the applicant and an employee of the applicant until the application is decided.\n- (a) an application for an authority made, but not decided, before the commencement;\n- (b) an application to renew an authority made, but not decided, before the commencement.\n- (a) for deciding the application, section 15A does not apply to the applicant; and\n- (b) former sections 15 and 16 continue to apply in relation to the applicant and an employee of the applicant until the application is decided.","sortOrder":278},{"sectionNumber":"sec.150","sectionType":"section","heading":"Particular authority holders taken to hold security clearances","content":"### sec.150 Particular authority holders taken to hold security clearances\n\nThis section applies in relation to a security sensitive authority that—\nwas in effect immediately before the commencement; or\nis given after the commencement for an existing application.\nIf the holder of the security sensitive authority is an individual, the holder is, on the relevant day, taken to be the holder of a security clearance.\nIf the holder of the security sensitive authority is a corporation other than a listed corporation, each executive officer of the corporation is taken, on the relevant day, to be the holder of a security clearance.\nIf the holder of the security sensitive authority is a partnership, each partner is taken, on the relevant day, to be the holder of a security clearance.\nSubsections (6) and (7) apply if the holder of the security sensitive authority is a listed corporation.\nWithin 2 months after the relevant day, the listed corporation must, by written notice given to the chief inspector, nominate an executive officer or employee of the corporation as the responsible person for the corporation for matters relating to explosives.\nMaximum penalty—50 penalty units.\nOn the day the nomination is received by the chief inspector, the responsible person for the listed corporation is taken to be the holder of a security clearance.\nDespite section 12E, a security clearance mentioned in subsection (2), (3), (4) or (7) expires on the earlier of the following—\nthe day the security sensitive authority expires or is cancelled or surrendered or, if the authority is renewed, the day the renewed authority expires or is cancelled or surrendered;\nthe day that is 5 years after the security clearance takes effect.\nIn this section—\nrelevant day means—\nin relation to an authority that was in effect immediately before the commencement—the day this section commences; or\nin relation to an authority given after the commencement for an existing application—the day the authority takes effect.\ns 150 ins 2019 No. 7 s 91\n(sec.150-ssec.1) This section applies in relation to a security sensitive authority that— was in effect immediately before the commencement; or is given after the commencement for an existing application.\n(sec.150-ssec.2) If the holder of the security sensitive authority is an individual, the holder is, on the relevant day, taken to be the holder of a security clearance.\n(sec.150-ssec.3) If the holder of the security sensitive authority is a corporation other than a listed corporation, each executive officer of the corporation is taken, on the relevant day, to be the holder of a security clearance.\n(sec.150-ssec.4) If the holder of the security sensitive authority is a partnership, each partner is taken, on the relevant day, to be the holder of a security clearance.\n(sec.150-ssec.5) Subsections (6) and (7) apply if the holder of the security sensitive authority is a listed corporation.\n(sec.150-ssec.6) Within 2 months after the relevant day, the listed corporation must, by written notice given to the chief inspector, nominate an executive officer or employee of the corporation as the responsible person for the corporation for matters relating to explosives. Maximum penalty—50 penalty units.\n(sec.150-ssec.7) On the day the nomination is received by the chief inspector, the responsible person for the listed corporation is taken to be the holder of a security clearance.\n(sec.150-ssec.8) Despite section 12E, a security clearance mentioned in subsection (2), (3), (4) or (7) expires on the earlier of the following— the day the security sensitive authority expires or is cancelled or surrendered or, if the authority is renewed, the day the renewed authority expires or is cancelled or surrendered; the day that is 5 years after the security clearance takes effect.\n(sec.150-ssec.9) In this section— relevant day means— in relation to an authority that was in effect immediately before the commencement—the day this section commences; or in relation to an authority given after the commencement for an existing application—the day the authority takes effect.\n- (a) was in effect immediately before the commencement; or\n- (b) is given after the commencement for an existing application.\n- (a) the day the security sensitive authority expires or is cancelled or surrendered or, if the authority is renewed, the day the renewed authority expires or is cancelled or surrendered;\n- (b) the day that is 5 years after the security clearance takes effect.\n- (a) in relation to an authority that was in effect immediately before the commencement—the day this section commences; or\n- (b) in relation to an authority given after the commencement for an existing application—the day the authority takes effect.","sortOrder":279},{"sectionNumber":"sec.151","sectionType":"section","heading":"Application of s 15A to particular persons","content":"### sec.151 Application of s 15A to particular persons\n\nThis section applies in relation to the holder of a security sensitive authority—\nthat was in effect immediately before the commencement; or\nthat is given after the commencement for an existing application; or\nmentioned in paragraph (a) or (b) that is renewed after the commencement.\nSection 15A does not apply in relation to a person employed by the holder of the authority immediately before the commencement during the period—\nstarting on the commencement; and\nending on the day that is 2 years after the commencement.\ns 151 ins 2019 No. 7 s 91\n(sec.151-ssec.1) This section applies in relation to the holder of a security sensitive authority— that was in effect immediately before the commencement; or that is given after the commencement for an existing application; or mentioned in paragraph (a) or (b) that is renewed after the commencement.\n(sec.151-ssec.2) Section 15A does not apply in relation to a person employed by the holder of the authority immediately before the commencement during the period— starting on the commencement; and ending on the day that is 2 years after the commencement.\n- (a) that was in effect immediately before the commencement; or\n- (b) that is given after the commencement for an existing application; or\n- (c) mentioned in paragraph (a) or (b) that is renewed after the commencement.\n- (a) starting on the commencement; and\n- (b) ending on the day that is 2 years after the commencement.","sortOrder":280},{"sectionNumber":"sec.152","sectionType":"section","heading":"Application of s 33 to particular persons","content":"### sec.152 Application of s 33 to particular persons\n\nSection 33(1)(b) does not apply in relation to a person employed by the holder of a security sensitive authority immediately before the commencement during the period—\nstarting on the commencement; and\nending on the day that is 2 years after the commencement.\ns 152 ins 2019 No. 7 s 91\n- (a) starting on the commencement; and\n- (b) ending on the day that is 2 years after the commencement.","sortOrder":281},{"sectionNumber":"sec.153","sectionType":"section","heading":"Application of explosives incident provisions","content":"### sec.153 Application of explosives incident provisions\n\nFor an explosives incident that happened before the commencement, former sections 55, 56 and 58 apply to the incident.\ns 153 ins 2019 No. 7 s 91","sortOrder":282},{"sectionNumber":"pt.10-div.7","sectionType":"division","heading":"Transitional provisions for Resources Safety and Health Queensland Act 2020","content":"## Transitional provisions for Resources Safety and Health Queensland Act 2020","sortOrder":283},{"sectionNumber":"sec.154","sectionType":"section","heading":"Definitions for division","content":"### sec.154 Definitions for division\n\nIn this division—\ncorresponding provision , for a provision of the pre-amended Act, means a provision of this Act that provides for the same, or substantially the same, matter as the provision of the pre-amended Act.\npre-amended Act means this Act as in force before the commencement.\ns 154 ins 2020 No. 10 s 101","sortOrder":284},{"sectionNumber":"sec.155","sectionType":"section","heading":"Functions performed and powers exercised by chief executive","content":"### sec.155 Functions performed and powers exercised by chief executive\n\nA function performed, or power exercised, by the chief executive under a provision of the pre-amended Act, if the context permits, is taken to have been performed, or exercised, by the CEO under the corresponding provision.\ns 155 ins 2020 No. 10 s 101","sortOrder":285},{"sectionNumber":"sec.156","sectionType":"section","heading":"References to chief executive","content":"### sec.156 References to chief executive\n\nThis section applies if—\na provision of the pre-amended Act mentioned the chief executive; and\na corresponding provision mentions the CEO.\nIn a document made under or relating to the provision of the pre-amended Act, if the context permits, a reference to the chief executive is taken to be a reference to the CEO.\ns 156 ins 2020 No. 10 s 101\n(sec.156-ssec.1) This section applies if— a provision of the pre-amended Act mentioned the chief executive; and a corresponding provision mentions the CEO.\n(sec.156-ssec.2) In a document made under or relating to the provision of the pre-amended Act, if the context permits, a reference to the chief executive is taken to be a reference to the CEO.\n- (a) a provision of the pre-amended Act mentioned the chief executive; and\n- (b) a corresponding provision mentions the CEO.","sortOrder":286},{"sectionNumber":"sec.157","sectionType":"section","heading":"Existing proceedings","content":"### sec.157 Existing proceedings\n\nThis section applies to the following proceedings started before the commencement—\na proceeding for an offence against this Act started by—\nthe Commissioner for Mine Safety and Health; or\nthe chief executive or another appropriately qualified person with the written authorisation of the chief executive;\na proceeding for an injunction, interim injunction, or to rescind or vary an injunction, under the pre-amended Act, started by the Commissioner for Mine Safety and Health;\nan appeal against a decision made on a proceeding mentioned in paragraph (a) or (b).\nIf, immediately before the commencement, the proceeding had not been finally dealt with, on the commencement—\nif the proceeding was brought by the Commissioner for Mine Safety and Health and is in relation to a serious offence within the meaning of section 118(7)—the WHS prosecutor becomes a party to the proceeding in place of the commissioner; and\nif the proceeding is a proceeding other than a proceeding mentioned in paragraph (a)—the CEO becomes a party to the proceeding in place of the person who started the proceeding.\nFor a proceeding mentioned in subsection (2)(b), on the commencement or at any time after the commencement, the CEO may authorise in writing another appropriately qualified person, including, for example, the WHS prosecutor, to become a party to the proceeding in place of the CEO.\ns 157 ins 2020 No. 10 s 101\n(sec.157-ssec.1) This section applies to the following proceedings started before the commencement— a proceeding for an offence against this Act started by— the Commissioner for Mine Safety and Health; or the chief executive or another appropriately qualified person with the written authorisation of the chief executive; a proceeding for an injunction, interim injunction, or to rescind or vary an injunction, under the pre-amended Act, started by the Commissioner for Mine Safety and Health; an appeal against a decision made on a proceeding mentioned in paragraph (a) or (b).\n(sec.157-ssec.2) If, immediately before the commencement, the proceeding had not been finally dealt with, on the commencement— if the proceeding was brought by the Commissioner for Mine Safety and Health and is in relation to a serious offence within the meaning of section 118(7)—the WHS prosecutor becomes a party to the proceeding in place of the commissioner; and if the proceeding is a proceeding other than a proceeding mentioned in paragraph (a)—the CEO becomes a party to the proceeding in place of the person who started the proceeding.\n(sec.157-ssec.3) For a proceeding mentioned in subsection (2)(b), on the commencement or at any time after the commencement, the CEO may authorise in writing another appropriately qualified person, including, for example, the WHS prosecutor, to become a party to the proceeding in place of the CEO.\n- (a) a proceeding for an offence against this Act started by— (i) the Commissioner for Mine Safety and Health; or (ii) the chief executive or another appropriately qualified person with the written authorisation of the chief executive;\n- (i) the Commissioner for Mine Safety and Health; or\n- (ii) the chief executive or another appropriately qualified person with the written authorisation of the chief executive;\n- (b) a proceeding for an injunction, interim injunction, or to rescind or vary an injunction, under the pre-amended Act, started by the Commissioner for Mine Safety and Health;\n- (c) an appeal against a decision made on a proceeding mentioned in paragraph (a) or (b).\n- (i) the Commissioner for Mine Safety and Health; or\n- (ii) the chief executive or another appropriately qualified person with the written authorisation of the chief executive;\n- (a) if the proceeding was brought by the Commissioner for Mine Safety and Health and is in relation to a serious offence within the meaning of section 118(7)—the WHS prosecutor becomes a party to the proceeding in place of the commissioner; and\n- (b) if the proceeding is a proceeding other than a proceeding mentioned in paragraph (a)—the CEO becomes a party to the proceeding in place of the person who started the proceeding.","sortOrder":287},{"sectionNumber":"sec.158","sectionType":"section","heading":"Costs of investigation","content":"### sec.158 Costs of investigation\n\nThis section applies if a court convicts a person of an offence against this Act after the commencement.\nThe court may order the person to pay the reasonable costs of investigating the offence, including reasonable costs of preparing for the prosecution of the offence, whether the costs were incurred by the department or RSHQ, and whether the offence was committed before or after the commencement.\ns 158 ins 2020 No. 10 s 101\n(sec.158-ssec.1) This section applies if a court convicts a person of an offence against this Act after the commencement.\n(sec.158-ssec.2) The court may order the person to pay the reasonable costs of investigating the offence, including reasonable costs of preparing for the prosecution of the offence, whether the costs were incurred by the department or RSHQ, and whether the offence was committed before or after the commencement.","sortOrder":288},{"sectionNumber":"sec.159","sectionType":"section","heading":"References to department","content":"### sec.159 References to department\n\nThis section applies if—\na provision of the pre-amended Act mentioned the department; and\na corresponding provision mentions RSHQ.\nIn a document made under or relating to the provision of the pre-amended Act, if the context permits, a reference to the department is taken to be a reference to RSHQ.\ns 159 ins 2020 No. 10 s 101\n(sec.159-ssec.1) This section applies if— a provision of the pre-amended Act mentioned the department; and a corresponding provision mentions RSHQ.\n(sec.159-ssec.2) In a document made under or relating to the provision of the pre-amended Act, if the context permits, a reference to the department is taken to be a reference to RSHQ.\n- (a) a provision of the pre-amended Act mentioned the department; and\n- (b) a corresponding provision mentions RSHQ.","sortOrder":289},{"sectionNumber":"pt.10-div.8","sectionType":"division","heading":"Transitional and validation provisions for Resources Safety and Health Legislation Amendment Act 2024","content":"## Transitional and validation provisions for Resources Safety and Health Legislation Amendment Act 2024","sortOrder":290},{"sectionNumber":"sec.160","sectionType":"section","heading":"Definitions for division","content":"### sec.160 Definitions for division\n\nIn this division—\nformer , for a provision of this Act, means the provision as in force from time to time before the commencement.\nnew , for a provision of this Act, means the provision as in force from the commencement.\ns 160 ins 2024 No. 34 s 146","sortOrder":291},{"sectionNumber":"sec.161","sectionType":"section","heading":"Notice given to chief inspector about import or export of explosive before commencement","content":"### sec.161 Notice given to chief inspector about import or export of explosive before commencement\n\nThis section applies if—\nbefore the commencement, an authority holder gave the chief inspector a notice under former section 37 about an import explosive or an export explosive; and\nimmediately before the commencement, the import or export of the explosive was not complete.\nThe notice is taken to have been given by the authority holder under new section 37(2).\nTo remove any doubt, it is declared that new section 37(5) applies to the authority holder from the commencement.\ns 161 ins 2024 No. 34 s 146\n(sec.161-ssec.1) This section applies if— before the commencement, an authority holder gave the chief inspector a notice under former section 37 about an import explosive or an export explosive; and immediately before the commencement, the import or export of the explosive was not complete.\n(sec.161-ssec.2) The notice is taken to have been given by the authority holder under new section 37(2).\n(sec.161-ssec.3) To remove any doubt, it is declared that new section 37(5) applies to the authority holder from the commencement.\n- (a) before the commencement, an authority holder gave the chief inspector a notice under former section 37 about an import explosive or an export explosive; and\n- (b) immediately before the commencement, the import or export of the explosive was not complete.","sortOrder":292},{"sectionNumber":"sec.162","sectionType":"section","heading":"Notice limiting powers of inspector given by Minister before commencement","content":"### sec.162 Notice limiting powers of inspector given by Minister before commencement\n\nThis section applies if—\nbefore the commencement, the Minister gave a notice limiting the powers of an inspector under former section 81(2)(c); and\nimmediately before the commencement, the notice was in effect.\nThe notice is taken to have been given by the CEO under new section 81(2)(c).\ns 162 ins 2024 No. 34 s 146\n(sec.162-ssec.1) This section applies if— before the commencement, the Minister gave a notice limiting the powers of an inspector under former section 81(2)(c); and immediately before the commencement, the notice was in effect.\n(sec.162-ssec.2) The notice is taken to have been given by the CEO under new section 81(2)(c).\n- (a) before the commencement, the Minister gave a notice limiting the powers of an inspector under former section 81(2)(c); and\n- (b) immediately before the commencement, the notice was in effect.","sortOrder":293},{"sectionNumber":"sec.163","sectionType":"section","heading":"Direction given by Minister to authorised officer before commencement","content":"### sec.163 Direction given by Minister to authorised officer before commencement\n\nThis section applies if—\nbefore the commencement, the Minister gave a direction to an authorised officer under former section 105E(3); and\nimmediately before the commencement, the direction was in effect.\nThe direction is taken to have been given by the CEO under new section 105E(3).\ns 163 ins 2024 No. 34 s 146\n(sec.163-ssec.1) This section applies if— before the commencement, the Minister gave a direction to an authorised officer under former section 105E(3); and immediately before the commencement, the direction was in effect.\n(sec.163-ssec.2) The direction is taken to have been given by the CEO under new section 105E(3).\n- (a) before the commencement, the Minister gave a direction to an authorised officer under former section 105E(3); and\n- (b) immediately before the commencement, the direction was in effect.","sortOrder":294},{"sectionNumber":"sec.164","sectionType":"section","heading":"Validation of security sensitive authority issued to Queensland Police Service contrary to s 15A","content":"### sec.164 Validation of security sensitive authority issued to Queensland Police Service contrary to s 15A\n\nThis section applies if—\nbefore the commencement, the chief inspector made a decision under section 17(1)(a) to issue a security sensitive authority to the Queensland Police Service; and\nthe Queensland Police Service was not an appropriate person to hold, or continue to hold, the security sensitive authority under section 15A(2) because an employee of the Queensland Police Service—\nhad or would have had unsupervised access to an explosive in the course of the employee’s employment; and\ndid not hold a security clearance.\nEach of the following things is taken to be, and always to have been, as valid as it would have been if each employee of the Queensland Police Service did not have or would not have had unsupervised access to an explosive in the course of the employee’s employment and each employee of the Queensland Police Service held a security clearance—\nthe making of the decision to issue the security sensitive authority;\nthe security sensitive authority;\nanything done under the security sensitive authority whether before or after the commencement;\nan omission of the chief inspector to suspend or cancel the security sensitive authority under section 23(1)(d) because the Queensland Police Service was not an appropriate person to hold, or continue to hold, the security sensitive authority under section 15A(2).\ns 164 ins 2024 No. 34 s 146\n(sec.164-ssec.1) This section applies if— before the commencement, the chief inspector made a decision under section 17(1)(a) to issue a security sensitive authority to the Queensland Police Service; and the Queensland Police Service was not an appropriate person to hold, or continue to hold, the security sensitive authority under section 15A(2) because an employee of the Queensland Police Service— had or would have had unsupervised access to an explosive in the course of the employee’s employment; and did not hold a security clearance.\n(sec.164-ssec.2) Each of the following things is taken to be, and always to have been, as valid as it would have been if each employee of the Queensland Police Service did not have or would not have had unsupervised access to an explosive in the course of the employee’s employment and each employee of the Queensland Police Service held a security clearance— the making of the decision to issue the security sensitive authority; the security sensitive authority; anything done under the security sensitive authority whether before or after the commencement; an omission of the chief inspector to suspend or cancel the security sensitive authority under section 23(1)(d) because the Queensland Police Service was not an appropriate person to hold, or continue to hold, the security sensitive authority under section 15A(2).\n- (a) before the commencement, the chief inspector made a decision under section 17(1)(a) to issue a security sensitive authority to the Queensland Police Service; and\n- (b) the Queensland Police Service was not an appropriate person to hold, or continue to hold, the security sensitive authority under section 15A(2) because an employee of the Queensland Police Service— (i) had or would have had unsupervised access to an explosive in the course of the employee’s employment; and (ii) did not hold a security clearance.\n- (i) had or would have had unsupervised access to an explosive in the course of the employee’s employment; and\n- (ii) did not hold a security clearance.\n- (i) had or would have had unsupervised access to an explosive in the course of the employee’s employment; and\n- (ii) did not hold a security clearance.\n- (a) the making of the decision to issue the security sensitive authority;\n- (b) the security sensitive authority;\n- (c) anything done under the security sensitive authority whether before or after the commencement;\n- (d) an omission of the chief inspector to suspend or cancel the security sensitive authority under section 23(1)(d) because the Queensland Police Service was not an appropriate person to hold, or continue to hold, the security sensitive authority under section 15A(2).","sortOrder":295},{"sectionNumber":"sec.165","sectionType":"section","heading":"Validation of security sensitive authority issued to government entity or Commonwealth entity contrary to s 17","content":"### sec.165 Validation of security sensitive authority issued to government entity or Commonwealth entity contrary to s 17\n\nThis section applies if—\nbefore the commencement, the chief inspector made a decision under section 17(1)(a) to issue a security sensitive authority to a government entity or a Commonwealth entity; and\neach executive officer of the government entity or the Commonwealth entity did not hold a security clearance as required under section 17(2)(c).\nEach of the following things is taken to be, and always to have been, as valid as it would have been if each executive officer of the government entity or the Commonwealth entity did hold a security clearance as required under section 17(2)(c)—\nthe making of the decision to issue the security sensitive authority;\nthe security sensitive authority;\nanything done under the security sensitive authority whether before or after the commencement;\nan omission of the chief inspector to suspend or cancel the security sensitive authority under section 23(1)(k) because each executive officer of the government entity or the Commonwealth entity did hold a security clearance as required under section 17(2)(c).\ns 165 ins 2024 No. 34 s 146\n(sec.165-ssec.1) This section applies if— before the commencement, the chief inspector made a decision under section 17(1)(a) to issue a security sensitive authority to a government entity or a Commonwealth entity; and each executive officer of the government entity or the Commonwealth entity did not hold a security clearance as required under section 17(2)(c).\n(sec.165-ssec.2) Each of the following things is taken to be, and always to have been, as valid as it would have been if each executive officer of the government entity or the Commonwealth entity did hold a security clearance as required under section 17(2)(c)— the making of the decision to issue the security sensitive authority; the security sensitive authority; anything done under the security sensitive authority whether before or after the commencement; an omission of the chief inspector to suspend or cancel the security sensitive authority under section 23(1)(k) because each executive officer of the government entity or the Commonwealth entity did hold a security clearance as required under section 17(2)(c).\n- (a) before the commencement, the chief inspector made a decision under section 17(1)(a) to issue a security sensitive authority to a government entity or a Commonwealth entity; and\n- (b) each executive officer of the government entity or the Commonwealth entity did not hold a security clearance as required under section 17(2)(c).\n- (a) the making of the decision to issue the security sensitive authority;\n- (b) the security sensitive authority;\n- (c) anything done under the security sensitive authority whether before or after the commencement;\n- (d) an omission of the chief inspector to suspend or cancel the security sensitive authority under section 23(1)(k) because each executive officer of the government entity or the Commonwealth entity did hold a security clearance as required under section 17(2)(c).","sortOrder":296},{"sectionNumber":"sec.166","sectionType":"section","heading":"Limitation period for starting prosecution","content":"### sec.166 Limitation period for starting prosecution\n\nNew section 118(7) applies only in relation to a proceeding for an offence against this Act alleged to have been committed after the commencement.\nFormer section 118(6) continues to apply in relation to a proceeding for an offence against this Act alleged to have been committed before the commencement despite the amendment of former section 118(6) by the Resources Safety and Health Legislation Amendment Act 2024 .\ns 166 ins 2024 No. 34 s 146\n(sec.166-ssec.1) New section 118(7) applies only in relation to a proceeding for an offence against this Act alleged to have been committed after the commencement.\n(sec.166-ssec.2) Former section 118(6) continues to apply in relation to a proceeding for an offence against this Act alleged to have been committed before the commencement despite the amendment of former section 118(6) by the Resources Safety and Health Legislation Amendment Act 2024 .","sortOrder":297},{"sectionNumber":"pt.11","sectionType":"part","heading":null,"content":"","sortOrder":298}],"analysis":{"issue_detection":{"absurdities":[{"type":"other","section":"sec.9(2)(b) and sec.9(3)-(4)","severity":"medium","reasoning":"A member of the public receiving a list of authorised explosives with no composition, quality or character information cannot meaningfully determine whether a substance they possess is an authorised explosive or not, undermining the compliance objective of the Act. The secrecy of the register combined with the mandatory but content-stripped public list creates an informational paradox.","confidence":0.72,"description":"The register of authorised explosives is secret (not open to public inspection), yet the chief inspector must provide a public list of authorised explosives. The list must exclude the composition, quality or character of the explosives. This creates a situation where the public can know WHAT explosives are authorised but not WHAT THEY ARE (their composition/character), rendering the list potentially meaningless for any practical safety or compliance purpose."},{"type":"impossible_compliance","section":"sec.8(3)","severity":"high","reasoning":"Explosives by their chemical nature may undergo compositional changes through degradation, temperature variation or moisture absorption. A holder who lawfully possesses an authorised explosive could inadvertently commit a criminal offence (400 penalty units or 6 months imprisonment under sec.11) through no deliberate act if natural chemical changes occur. The holder has no practical means of continuously monitoring molecular composition to ensure ongoing compliance.","confidence":0.78,"description":"If the composition, quality or character of an authorised explosive changes, it automatically ceases to be an authorised explosive. This means that natural batch-to-batch variation in manufacturing, or minor environmental degradation of an explosive, could automatically render a lawfully held explosive 'unauthorised', triggering the criminal offence in sec.11(1) without any deliberate act by the holder."},{"type":"impossible_compliance","section":"sec.26A(2)","severity":"medium","reasoning":"Queensland mining and resources operations frequently store explosives at remote sites hours from any inspector. The absolute 1-day deadline for surrender, even with a 'reasonable excuse' carve-out, creates an unrealistic compliance framework. The interaction between 'immediately arrange' and '1 day to comply' is also ambiguous as to when the clock starts.","confidence":0.7,"description":"A person whose authority is suspended or cancelled must 'immediately' arrange with an inspector to surrender explosives, but then has 'no later than 1 day' to actually effect the surrender. The word 'immediately' for the arrangement and '1 day' for the act creates an internal timing tension, but more critically, a person may hold large quantities of explosives at remote locations that cannot physically be surrendered within 1 day, making compliance impossible in many real-world circumstances."},{"type":"other","section":"sec.25B","severity":"high","reasoning":"A police protection direction is an interim measure issued without a hearing. Under sec.25B, service of such a direction immediately and permanently cancels the authority/security clearance. A person could have their livelihood destroyed by a direction that is subsequently withdrawn or not confirmed, with no mechanism for automatic reinstatement. This contrasts with sec.24(7) which sensibly delays cancellation following conviction pending appeal.","confidence":0.8,"description":"A security clearance or authority is automatically cancelled upon service of a police protection direction or protection order, with no discretion, no hearing, and no minimum notice. This is an immediate and permanent deprivation of livelihood (as distinct from the temporary suspension in sec.25A) triggered by an instrument that may itself be interim, contested or ultimately set aside, yet the cancellation takes immediate effect."},{"type":"impossible_compliance","section":"sec.22(2)","severity":"medium","reasoning":"The section requires the application to be made before expiry but says nothing about the licence continuing during the assessment period. Unlike many licensing regimes, there is no 'deemed continuation' provision. A compliant holder whose renewal takes longer than expected to process faces a period of unlicensed operation through no fault of their own.","confidence":0.65,"description":"The chief inspector may only renew a licence if the application is made before the licence expires. If a licence expires before renewal is processed (even if applied for in time), there is no express provision for the licence to continue pending determination. This creates a gap where a timely applicant whose licence expires during the decision-making process has no authority to handle explosives, despite having done everything required of them."},{"type":"other","section":"sec.12J","severity":"low","reasoning":"The deemed withdrawal mechanism does not trigger any cooldown period, disqualification or notation on any register. It creates an administrative loop with no substantive consequence for non-compliance beyond delay.","confidence":0.6,"description":"If an applicant for a security clearance fails to comply with a notice requiring mental health information, they are deemed to have withdrawn their application. However, there is no provision preventing the immediate re-lodgement of a fresh application, meaning the deemed withdrawal has no deterrent or regulatory effect — the applicant can simply re-apply and face the same cycle indefinitely."},{"type":"other","section":"sec.2A(ssec.2)(d)","severity":"low","reasoning":"The stated purpose creates an expectation of a supervised-access pathway that is only partially reflected in operative provisions, creating potential confusion about whether unsupervised employees with no security clearance can lawfully access authorised explosives under a supervisor's authority.","confidence":0.55,"description":"The Act's stated purpose includes ensuring explosives are accessed only by persons who hold a security clearance OR who are under the direct supervision of a person holding a security clearance. However, sec.11 prohibits possession of unauthorised/prohibited explosives entirely, and the authority framework in pt.3 requires the authority holder (not merely a supervisor) to hold the relevant clearances. The supervision pathway in the purpose statement is not clearly operationalised as a general access right in the body of the Act."}],"contradictions":[{"severity":"high","section_a":"sec.24(7)","section_b":"sec.25B","confidence":0.85,"description":"Section 24(7) expressly provides that where suspension or cancellation is based on a conviction, it does not take effect until appeal rights are exhausted and has no effect if the conviction is quashed — recognising due process concerns. Section 25B, however, provides for immediate automatic cancellation upon service of a police protection direction (which is not a conviction and requires no finding of fact), with no equivalent appeal-delay mechanism and no provision for reinstatement if the direction is later set aside."},{"severity":"medium","section_a":"sec.25A","section_b":"sec.25B","confidence":0.7,"description":"Section 25A provides that a police protection notice triggers only suspension of an authority or security clearance. Section 25B provides that a police protection direction triggers immediate cancellation. A police protection direction is a more serious instrument than a police protection notice, so the differential treatment is understandable in principle. However, sec.25A(1)(a)(ii) explicitly includes a police protection notice as triggering suspension, while sec.25B(1) covers a police protection direction — yet the definitions of these instruments and the boundary between them are not contained in the provisions examined, creating potential for misclassification and inconsistent outcomes depending on which instrument is issued."},{"severity":"low","section_a":"sec.12B(3)","section_b":"sec.12B(2)(a)(ii)","confidence":0.6,"description":"Section 12B(3) provides that a person is not a suitable person if they are currently named as respondent in a domestic violence order, police protection direction or police protection notice that is in force — making refusal mandatory. Section 12B(2)(a)(ii) requires the chief inspector to 'consider' whether the applicant has 'at any time' been named as such a respondent (even historically). The mandatory disqualification in subsec.(3) only applies to current orders, yet subsec.(2) requires consideration of historical orders as a basis for discretionary refusal, meaning a person who has never had a current order could still be refused on historical grounds — but the mandatory bar in subsec.(3) creates an implicit suggestion that only current orders are determinative, potentially misleading decision-makers about the weight to be given to historical orders."},{"severity":"medium","section_a":"sec.15(6)","section_b":"sec.16(4)","confidence":0.65,"description":"Section 15(6) restricts use of information supplied under that section to deciding appropriateness or investigating/prosecuting an offence, and prohibits disclosure except under sec.132. Section 16(4) contains identical restrictions for information supplied under sec.16. However, sec.12K expressly governs use of information obtained under secs.12G, 12H and 12I but makes no reference to information obtained under secs.15 or 16, creating an inconsistent and potentially overlapping regime for information-use restrictions across the two parallel tracks (security clearance vs authority) with no cross-referencing mechanism."},{"severity":"medium","section_a":"sec.21(2)","section_b":"sec.22(1)","confidence":0.62,"description":"Section 21(2) states that an authority other than a licence cannot be renewed. Section 22(1) states that 'this division' (div.1, which contains the general application and assessment provisions for authorities) applies to an application for renewal of a licence. Read together these are consistent. However, sec.12F provides a renewal regime for security clearances, and security clearances are not authorities as defined (they are a separate instrument under div.1AA). The interaction between the non-renewability of non-licence authorities and the separate renewal regime for security clearances — which underpin those authorities — means an authority dependent on a security clearance can survive renewal of the clearance but the authority itself cannot be renewed if it is not a licence, potentially creating a mismatch in the lifecycle of the two instruments."},{"severity":"low","section_a":"sec.6(1)","section_b":"sec.4","confidence":0.5,"description":"Section 4 states the Act binds all persons including the State. Section 6(1) provides that where there is an inconsistency with a mining Act, the mining Act prevails. This means that in the mining context, the safety and public interest protections of this Act (which binds the Crown) can be displaced by the mining Acts, potentially creating a lower standard of explosive regulation for State-conducted or State-licensed mining activities, which is contrary to the equal-binding purpose in sec.4."}]},"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":{"_metrics":{"completionTokens":673},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly from its original 1999 scope. Major additions include: (1) security clearance system with domestic violence and mental health checks (2019); (2) industrial manslaughter offences (2020, 2024); (3) enforceable undertakings and expanded sentencing options (2024); (4) biometric data collection (2019); and (5) small arms ammunition verification systems (2024). The original explosives safety framework has been layered with counter-terrorism/security measures and workplace death accountability mechanisms."},"complexity_factors":["Multiple overlapping regulatory schemes (authorities, security clearances, exemptions)","Extensive cross-referencing to other Queensland legislation (Domestic and Family Violence Protection Act, Weapons Act, Disaster Management Act, etc.)","Nested conditional logic for security clearance suitability (mandatory vs discretionary criteria in s.12B)","Multiple amendment layers visible (1999 base with 2019, 2020, 2024, 2025 amendments)","Complex enforcement hierarchy with inspectors, authorised officers, chief inspector, CEO, and WHS prosecutor","Detailed procedural requirements for warrants, entry powers, and seizure with multiple exceptions","Industrial manslaughter provisions with corporate attribution rules","Biometric information handling with destruction timelines"],"plain_english_summary":"**What this law does:**\n\nThis is Queensland's **Explosives Act 1999**, which creates a comprehensive licensing and regulatory scheme for anyone who wants to manufacture, possess, sell, store, transport or use explosives in the state.\n\n**Key things you need to know:**\n\n- **You generally can't handle explosives without a licence** (called an \"authority\") from the chief inspector\n- **Security clearances are required** for people dealing with \"security sensitive explosives\" — these involve background checks including criminal history, domestic violence orders, and mental health assessments\n- **There are serious penalties** — up to 20 years imprisonment for industrial manslaughter if negligence causes death, and fines up to 100,000 penalty units for corporations\n\n**Who it affects:**\n\n- Mining and construction companies using blasting explosives\n- Fireworks operators\n- Ammunition dealers and firearms users\n- Anyone importing or exporting explosives\n- Laboratories and research facilities working with explosive materials\n\n**Main protections:**\n\n- A **general duty of care** requiring everyone handling explosives to take reasonable precautions for safety\n- **Industrial manslaughter offences** for employers and senior officers whose negligence causes death\n- **Inspector powers** including entry to premises, seizure of explosives, and issuing of safety notices\n- **Boards of inquiry** can investigate serious explosives incidents\n\n**Recent additions** (based on amendment notes visible):\n- Security clearance requirements tightened with domestic violence order checks (2019, 2025)\n- Industrial manslaughter provisions added (2020, 2024)\n- Enforceable undertakings and sentencing orders added (2024)\n- Biometric information collection for security clearances (2019)\n- Small arms ammunition sale verification requirements (2024)"},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"The Act has expanded materially beyond the concise regulatory core stated in s 2A. Key scope enlargements include: the creation of industrial manslaughter offences for employers and senior officers (pt 4A, ss 54C–54D); powers to accept and enforce enforceable undertakings and to publish decisions (ss 123A–123G, 123B); expanded sentencing‑style remedies (adverse publicity, restoration, training orders, court‑ordered undertakings, ss 123J–123M); new biometric collection and retention rules for applicants (ss 123Q–123V); broader cost‑recovery and administrative sanctions (ss 122, 125, 124A); and strengthened inspector powers and emergency directions (ss 102–105, 105B). These additions increase the Act’s criminal, administrative and investigatory reach and raise new compliance, privacy and data‑management burdens on regulated parties. Mechanically, the result is a regulatory instrument that combines safety regulation with significant criminal liability for corporate leaders and more flexible administrative disposal and remedial tools than the original, narrower licensing‑and‑safety framework envisaged in s 2A."},"complexity_factors":["Lengthy Act with many Parts, Divisions and new amendment/transitional schedules (multiple cross‑references across pt 3, 4, 5, 6, 8 and pt 10 transitional provisions).","Multiple authority types and differentiated rules: licences, occupational authorities, security sensitive authorities, listed corporations, partnerships and individual applicants (ss 13–21, 17, 15A).","Security‑clearance regime with varied criteria and processes including criminal‑history checks, domestic‑violence flags, mental‑health enquiries and mandatory reports from police (ss 12A–12K, 12G–12I, 12S-T).","High number of conditional rules and nested exceptions (for example: exemptions by regulation s 7; small educational manufacture exceptions s 38; licensed dealer exceptions s 33(2)).","Wide and detailed inspector powers with many procedural conditions (warrants, special warrants, seizure, restricted access, sampling, remedial/dangerous‑situation notices) (ss 83–90, 87–90B, 102–104).","Multiple enforcement tracks (criminal prosecution including industrial manslaughter, administrative suspension/cancellation, remedial notices, emergency powers, civil injunctions, enforceable undertakings and new sentencing orders) (pt 4A; ss 23–26; ss 102–106; ss 123A–123P).","Significant interplay with other laws and bodies (Weapons Act, Domestic and Family Violence laws, Mining Acts, Disaster and Public Safety regimes, RSHQ; see ss 6, 12B, 105B–105C).","Detailed data‑handling rules for biometric information with obligations to destroy and limited retention windows (ss 123Q–123V).","Extensive transitional and validation provisions dealing with prior instruments and staged changes from multiple amendment Acts (pt 10, secs 138–166)."],"plain_english_summary":"**What this law does (mechanics first)\n\n- Declares which explosives are allowed or banned and keeps a confidential register of allowed explosives (chs 2A, 8–9, 10).\n- Requires people and businesses to hold specific authorities (licenses/authorities) to manufacture, possess, sell, store, transport or use explosives (ss 11, 13–21, 34, 38, 41, 44, 50, 53).\n- Creates a security‑clearance system tied to certain \"security sensitive\" authorities so only cleared people can access some explosives; employers, listed corporations, partnerships and executive officers face different clearance rules (pt 3 divs.1AA & div.1, ss 12A–12F, 15, 17, 23, 33, 15A).\n- Imposes a general duty of care when handling explosives and specific duties about safety, supervision and storage, backed by criminal and civil penalties scaled to harm (s 32; penalty schedule in s 32(1)).\n- Gives inspectors wide compliance and enforcement powers: enter premises, inspect, seize, isolate incident sites, issue remedial and dangerous‑situation notices, take direct action in emergencies, and require documents or attendance (pt 6 divs.1–3, ss 83–105, 102–104).\n- Establishes procedures for investigating explosives incidents, mandatory incident reporting and powers to require authority‑holders to investigate and report (pt 5 div.1, ss 55–59, 58).\n- Provides for boards of inquiry into serious incidents, including public hearings, powers to summon witnesses and publish findings (pt 5 div.2, ss 60–77).\n- Introduces specific criminal offences for employers and senior officers where negligent conduct involving explosives causes death (industrial manslaughter, pt 4A ss 54A–54D).\n- Provides administrative and court remedies: suspension/cancellation of authorities and clearances (ss 23–26), injunctions (pt 6 div.4, ss 106A–106D; and s 123N), enforceable undertakings and associated court enforcement (ss 123A–123G), and expanded sentencing remedies including publicity, restoration, training orders and court‑ordered undertakings (ss 123H–123P).\n- Allows collection and use of biometric information (digital photo and digitised signature) for authorities and clearances, and requires destruction of that data in defined circumstances (ss 123Q–123V).\n- Permits recovery of costs from offenders and of government response costs from persons responsible for an explosives incident (ss 122, 125).\n- Confers broad regulation‑making power to set fees, technical standards, exemptions, recordkeeping and verification systems (s 135) and contains extensive transitional and validation provisions for prior instruments and amendments (pt 10).\n\nWhat the Act says it is for (official purpose) and the claim about how it achieves that\n\n- The Act states its purpose is to regulate handling of, and access to, explosives to protect public health and safety, property and the environment (s 2A). It lists the main mechanisms it uses: declarations of authorised/prohibited explosives, authorisations to handle explosives, security clearances for sensitive explosives, duties of care, and powers to investigate incidents (s 2A).\n\nTesting the stated purpose against trade‑offs, incentives and implementation risks\n\n- Who pays: compliance costs fall mostly on private actors who handle explosives (applicants, authority holders, employers, licensed dealers). They face fees (s 12A), record‑keeping, security clearances, training and possible capital costs for secure storage and transport (ss 15, 33, 44–50, s 135 on fees/standards). Government pays enforcement costs but can recover those costs from convicted persons or from persons responsible for incidents (ss 122, 125).\n\n- Who decides: the CEO, the chief inspector and inspectors hold substantial decision and enforcement power (appointment, classification of explosives, issuing/refusing/suspending authorities, conducting investigations, issuing notices). The Minister has specific powers (e.g. declaring government magazines, establishing boards of inquiry) and regulation‑making power is vested in Governor in Council (multiple sections: ss 8, 46, 60, 78, 128, 135).\n\n- Behavioural change expected: businesses must formalise safety systems, screen and get staff security clearances (ss 12B–12F, 15, 33); employers must restrict access and supervise non‑cleared staff (s 33); transporters and sellers must verify licences and may face record obligations (ss 36–37, 43A). Non‑compliance risks criminal or administrative penalties, licence suspension/cancellation and seizure/forfeiture of explosives (ss 11, 18, 23–26, 90–106).\n\n- Compliance burden and administrative discretion: the Act delegates many operational choices to the chief inspector and to regulations (classification of authorised explosives, prescribed authority types, prescribed conditions, verification systems) (ss 8, 13, 135). That produces compliance costs (clearing staff, record systems, inspections) and gives central officials substantial discretionary control over who may operate and under what conditions (ss 17, 23, 24, 29). The Act builds procedural safeguards (notice, review rights, QCAT review) but leaves technical details and fee structures to regulation (ss 24, 107–111, 135).\n\n- Effects on private enterprise and markets: licensing and clearance requirements constrain who can enter or expand in explosives‑related activities (manufacture, supply, storage, transport, retail). Those restrictions increase operating costs and may raise barriers to entry, particularly for small suppliers, while licensed incumbents gain the benefit of lawful market access. The Act preserves mining‑specific laws in case of inconsistency (s 6), which limits the Act’s reach in that sector. Sellers of small arms ammunition face added verification and record obligations that may slow retail transactions (s 43A).\n\n- Enforcement intensity and remedies: a wide menu of tools exists — criminal prosecution (including industrial manslaughter with heavy penalties, ss 54C–54D), administrative (suspension/cancellation, remedial/dangerous‑situation notices, seizure and forfeiture, ss 23–26, 102–106), and civil (injunctions and court orders, ss 106A–106D, 123K–123P). The Act also allows enforceable undertakings (ss 123A–123G) as an alternative enforcement path, which can avoid prosecution but carry monitoring and publication obligations. These options create choices for regulators about how forcefully to act and for business about remediation vs contesting enforcement.\n\n- Risks and possible unintended consequences (mechanisms, not verdicts):\n  - Administrative discretion concentrates decision power in the chief inspector and CEO (e.g. classifying explosives, approving exemptions, imposing conditions), which can produce variable compliance costs across operators depending on how rules are applied (ss 8, 7, 17, 29, 135).\n  - High compliance costs and security‑clearance timing could encourage informal or unlawful supply channels or relocation of activities to jurisdictions with lighter regimes (substitution risk via interstate or international movement), because the Act criminalises unauthorised possession/transport/use (ss 11, 36, 50, 51).\n  - The addition of severe corporate and senior‑officer penalties (industrial manslaughter, ss 54C–54D) increases legal risk for employers and may shift firms toward greater reliance on compliance programs, insurance or outsourcing of hazardous tasks.\n  - Collection and retention of biometric data (ss 123Q–123V) raises data‑management and privacy compliance obligations for the regulator and creates deletion timing rules that affect record retention practices.\n\nWho is directly affected (short list)\n\n- Individuals who handle explosives, whether in industry, defence, licensed dealers, or research labs (special limited exceptions for small educational quantities, s 38).\n- Employers and businesses that manufacture, store, transport, sell or use explosives (licensing and safety obligations, ss 13–21, 32–33, 44–50, 50).\n- Executive officers, responsible persons in listed corporations, partners — specific security and criminal liabilities (ss 12B, 17, 23, 54C–54D, 117, 119).\n- Sellers of small arms ammunition (verification and recording obligations, s 43A).\n- The chief inspector, CEO, inspectors and authorised officers (regulatory and enforcement duties and powers, ss 78–81, 105D–105G).\n\nWhy it matters practically\n\n- It converts access to explosives from largely an operational choice into a tightly regulated, permissioned activity with specified safety, security and reporting obligations and a heavy enforcement toolkit. That alters costs, staffing and supplier choices for affected businesses and creates significant regulatory discretion to control risk in the public interest (see ss 2A, 32, 102–104, 123A–123G). The addition of industrial manslaughter and expanded sentencing remedies increases legal and financial exposure for employers and senior officers (pt 4A, sections 54C–54D; ss 123J–123P). The Act therefore matters to public safety authorities, employers, suppliers and to anyone working with or near explosives.\n\nKey practical points to watch when applying the law\n\n- Identify whether the explosive is authorised, prohibited or a prescribed small‑quantity exception (ss 8–12, 38).\n- Confirm what type of authority is needed for the activity (manufacture, store, transport, use, sell) and whether the activity is security sensitive (ss 13–21, 17, 23).\n- Prepare for security clearances for individuals, and for listed corporations ensure a nominated responsible person holds a clearance (ss 12A–12F, 17, 150 (transitional)).\n- Expect inspections, mandatory incident reporting, and the possibility of seizure/forfeiture or urgent suspension where safety or public risk is found (ss 56–58, 90–106, 23–26, 25–25B).\n- Use the internal and external review paths (chief inspector, QCAT) if decisions on authorities, clearances or remedial actions are contested (pts 7 divs.1–2, ss 107–111).\n\n(References in parentheses are to the sections cited above: purpose and mechanisms at s 2A; authorities and clearances pt 3; handling and duties pt 4; industrial manslaughter pt 4A; investigations/inquiries pt 5; inspectors and enforcement pt 6; enforceable undertakings and sentencing reforms ss 123A–123P; biometrics ss 123Q–123V; regulation power s 135.)"},"summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act began as a general explosives safety and licensing regime (as reflected in its 1999 origins). Over time, through amendments in 2007, 2019, and 2024-2025, its scope significantly expanded to include: (1) a comprehensive security clearance framework for 'security sensitive explosives' — a post-9/11 national security concern not present in the original — (2) integration with domestic violence law, enabling automatic and immediate suspension/cancellation of licences based on domestic violence orders, and (3) extended application to coastal waters. These additions moved the Act well beyond its original public safety focus into national security screening and domestic violence risk management."},"complexity_factors":["Dual-track licensing system: separate 'authorities' AND 'security clearances' with different eligibility criteria, terms, and renewal processes","Multiple interlocking cross-references between sections (e.g., s12K references s12B, s23A, s24, s25; s17 references s123S(2)) making the Act difficult to read in isolation","Layered classification of entities: individuals vs. corporations vs. listed corporations vs. partnerships, each with different compliance obligations","Automatic operation of suspension/cancellation provisions tied to domestic violence law (Domestic and Family Violence Protection Act 2012), requiring understanding of a separate legislative framework","Significant reliance on subordinate legislation (regulations) to define key operational details — types of authorities, fees, classifications, prescribed activities — making the Act incomplete without the regulations","Overlapping exemptions and savings provisions (Commonwealth Explosives Act, mining Acts, coastal waters provisions, government entity exemptions) requiring careful navigation","Privacy/information-use restrictions tied to specific sections (s12K, s15(6), s16(4), s132) that limit how gathered data may be used, adding compliance complexity","Graduated penalty structure across multiple offence provisions with varying penalty tiers based on severity of harm","Sensitive personal information requirements (criminal history, mental health, domestic violence history) raise privacy law intersections","Urgency provisions (s25) allowing action without prior notice sit alongside standard show-cause procedures (s24), creating parallel procedural tracks"],"plain_english_summary":"Queensland's Explosives Act 1999 tightly regulates who can possess, use, store, sell or transport explosives by requiring licences/authorities, imposing a duty of care, and creating criminal penalties for unauthorised or unsafe activity. It covers workers, businesses, individuals and government bodies across the state.\n\nThe law adds stricter security clearances for sensitive explosives — including background checks and automatic suspension/cancellation in specified domestic violence or criminal circumstances — and enforces rapid surrender of explosives when authorities revoke rights."}},"importantCases":[],"_links":{"self":"/api/acts/explosives-act-1999","history":"/api/acts/explosives-act-1999/history","analysis":"/api/acts/explosives-act-1999/analysis","conflicts":"/api/acts/explosives-act-1999/conflicts","importantCases":"/api/acts/explosives-act-1999/important-cases","documents":"/api/acts/explosives-act-1999/documents"}}