{"id":"explosives-act-2024","name":"Explosives Act 2024","slug":"explosives-act-2024","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":32035,"registerId":"sa-explosives-act-2024-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 2","sectionType":"part","heading":"Duties for safety and security","content":"Part 2—Duties for safety and security\nDivision 1—Duties\n8—Safety duty\n\t(1)\tA person must, in carrying on an activity involving an explosive, take reasonable precautions and care to eliminate or minimise the safety risks associated with the activity.\n\t(2)\tIn determining what measures are required to be taken for the purposes of subsection (1), regard is to be had to, amongst other things—\n\t(a)\tthe nature of the explosive, the activity and any plant involved in the activity; and\n\t(b)\tthe locality at which the activity is being carried on; and\n\t(c)\tthe likelihood and severity of any safety risks that may be caused by the activity if the safety risks are not eliminated; and\n\t(d)\tthe extent to which the measures are reasonably practicable in the circumstances taking into account measures taken by persons carrying on similar activities; and\n\t(e)\tthe current state of technical knowledge and likelihood of successful application of the various measures that might be taken; and\n\t(f)\tother prescribed factors.\n9—Security duty\n\t(1)\tA person must, in carrying on an activity involving an explosive, take reasonable precautions and care in order to keep the explosive secure.\n\t(2)\tIn determining what measures are required to be taken for the purposes of subsection (1), regard is to be had to, amongst other things—\n\t(a)\tthe nature of the explosive and the activity; and\n\t(b)\tthe locality at which the activity is being carried on; and\n\t(c)\twhether the explosive is kept secure from any person who is not authorised to access the explosive; and\n\t(d)\tthe extent to which the measures are reasonably practicable in the circumstances taking into account measures taken by persons carrying on similar activities; and\n\t(e)\tother prescribed factors.\nDivision 2—Offences\n10—Failure to comply with duty with knowledge or indifference—Category 1\nIf—\n\t(b)\tthe contravention results in—\n\t(i)\tthe death of, or harm to, a person; or\n\t(ii)\tharm to another person's property or the environment; and\n\t(c)\tthe person knew of, or was recklessly indifferent as to, the risk of death, or harm to a person, property or the environment associated with the contravention,\n\t(a)\tin the case of an individual—$300 000 or imprisonment for 5 years, or both;\n\t(b)\tin the case of a body corporate—$3 000 000.\n11—Failure to comply with duty with indifference—Category 2\nIf—\n\t(b)\tthe contravention results in harm to another person, another person's property or the environment, or in a dangerous situation; and\n\t(c)\tthe person was recklessly indifferent as to the risk of harm to a person, property or the environment, or the dangerous situation, associated with the contravention,\n\t(a)\tin the case of an individual—$100 000 or imprisonment for 2 years, or both;\n12—Failure to comply with duty—Category 3\nIf—\n\t(b)\tthe contravention gave rise to the risk of harm to another person, another person's property or the environment, or of a dangerous situation,\n13—Failure to comply with duty—Category 4\nIf a person contravenes the safety duty, security duty or the regulations, the person is guilty of an offence.\n\t(a)\tin the case of an individual—$5 000;\n\t(b)\tin the case of a body corporate—$20 000.\n14—Alternative with lesser penalty\nIf, in proceedings for an offence against this Division, the court is not satisfied that the defendant is guilty of the offence charged but is satisfied that the defendant is guilty of some other offence against this Division for which a lesser maximum penalty may be imposed, the court may find the defendant guilty of the latter offence.\n","sortOrder":0},{"sectionNumber":"Part 3","sectionType":"part","heading":"Regulator","content":"Part 3—Regulator\n15—Regulator\n\t(1)\tThe Minister may appoint a public sector employee to be the Regulator for the purposes of this Act.\n\t(2)\tAn appointment under subsection (1) will be subject to such conditions as are determined by the Minister.\n\t(3)\tThe Minister may, at any time, revoke an appointment under this section or vary or revoke a condition of appointment or impose a further condition of appointment.\n16—Functions\nThe Regulator has the following functions:\n\t(a)\tto perform functions—\n\t(i)\tunder Part 4 in relation to the authorisation of explosives and the maintenance of an explosives register; and\n\t(ii)\tunder Part 6 in relation to explosives licences; and\n\t(iii)\tthat provide for compliance with this Act;\n\t(b)\tto engage in, promote and coordinate the sharing of information to achieve the object of this Act, including the sharing of information with a corresponding regulator;\n\t(c)\tto perform such other functions as are conferred on the Regulator by this Act, the regulations or any other Act or law.\nPart 4—Authorisations\nDivision 1—Register of authorisations\n17—Register of authorisations\n\t(1)\tThe Regulator must keep a register of authorisations for the purposes of this Act.\n\t(2)\tThe information entered on the register, in respect of an authorisation granted under this Part, must include the following:\n\t(a)\tthe classification assigned to an authorised explosive by the Regulator;\n\t(b)\tthe conditions, if any, that the Regulator has imposed on an authorisation;\n\t(c)\tthe name and address of the person who is registered on the register in relation to the authorisation;\n\t(d)\tinformation prescribed by regulation;\n\t(e)\tany other information that the Regulator thinks fit.\n\t(3)\tThe Regulator may, at any time, alter information entered in the register in respect of an authorisation granted under this Part to ensure that the register is accurate.\n\t(4)\tAn extract from the register identifying authorised explosives must be published on the Department's website.\nDivision 2—Authorisations—General\n18—Authorisations\n\t(1)\tThe Regulator may, on application by a person or on the Regulator's own initiative, grant, renew or vary any of the following authorisations:\n\t(a)\tthe authorisation of an explosive or a class of explosives;\n\t(b)\tthe authorisation of a trial of an unauthorised explosive;\n\t(c)\tthe authorisation to test an unauthorised explosive for research purposes by a tertiary education provider recognised by the Regulator for the purposes of this paragraph;\n\t(d)\tthe authorisation of the disposal of an unauthorised explosive.\n\t(2)\tAn authorisation is subject to conditions imposed by the Regulator.\n\t(3)\tWithout limiting subsection (2), an authorisation granted by the Regulator under subsection (1)(c) to a tertiary education provider may authorise the tertiary education provider to deal with an unauthorised explosive (such as manufacture, transport, storage and disposal of the explosive) in connection with the testing of the unauthorised explosive.\n19—Determination of application\n\t(1)\tThe Regulator may refuse an application for the grant, renewal or variation of an authorisation on any ground that, in the opinion of the Regulator, is relevant.\n\t(2)\tWithout limiting subsection (1), the Regulator may refuse an application for or in relation to an authorisation if—\n\t(a)\tthe Regulator considers that it would be more appropriate for the application to be made in another State; or\n\t(b)\tthe Regulator considers that the authorisation the subject of the application has been refused in this State or under a corresponding law; or\n\t(c)\tinformation requested by the Regulator under section 26 in relation to the application is not provided within the period specified by the Regulator in the request; or\n\t(d)\tthe application falls within circumstances prescribed by the regulations.\n\t(3)\tBefore determining an application for the grant, renewal or variation of an authorisation, the Regulator may—\n\t(a)\ttest any substance, mixture or article; and\n\t(b)\trequire the payment of the costs of tests conducted, or to be conducted, by, or on behalf of, the Regulator.\n\t(4)\tNothing in subsection (2) prevents the authorisation of an explosive merely because the explosive has been authorised under a corresponding law.\n\t(5)\tNotice of the Regulator's refusal to grant, renew or vary an authorisation under this section must be given to the applicant.\n\t(6)\tThe Regulator must, before refusing to grant, renew or vary an authorisation under this section—\n\t(a)\tgive notice of the proposed refusal; and\n\t(b)\tset out the grounds on which the proposed refusal is to be made; and\n\t(c)\tinvite the applicant to respond to the notice in the manner determined by the Regulator.\n20—Classification\nThe Regulator must classify an explosive authorised under this Part in accordance with the regulations.\n21—Period of authorisation\nAn authorisation takes effect from the day on which it is granted and remains in force—\n\t(a)\tif the Regulator specifies in the authorisation the period for which the authorisation has effect—that period; or\n\t(b)\tin any other case—until the authorisation is cancelled under this Part.\n22—Renewal of authorisation\nThe Regulator may refuse an application for the renewal of an authorisation if the application is not received by the Regulator at least 28 days before the period of the authorisation expires under section 21.\n23—Variation of authorisation\n\t(1)\tThe Regulator may vary an authorisation under this Part on application by the person registered on the register in relation to the authorisation.\n\t(2)\tWithout limiting subsection (1), a variation may be granted in relation to—\n\t(a)\ta condition of an authorisation; or\n\t(b)\tthe classification of an authorisation of an explosive; or\n\t(c)\tany other matter prescribed by the regulations.\n24—Cancellation of authorisation\n\t(1)\tSubject to subsection (2), the Regulator may—\n\t(a)\tcancel the authorisation of an explosive; and\n\t(b)\tremove the authorisation from the register,\non any ground determined to be relevant by the Regulator.\n\t(2)\tBefore taking action under subsection (1), the Regulator must—\n\t(a)\tgive notice to the person registered on the register in relation to the authorisation of the proposed action; and\n\t(b)\tset out the grounds on which the proposed action is to be taken; and\n\t(c)\tunless satisfied that urgent action is required, allow that person 28 days within which to make submissions to the Regulator in relation to the proposed action.\n25—Corresponding law authorisations\n\t(1)\tIf an authorisation granted under a corresponding law complies with any requirements prescribed by the regulations, the Regulator must, on application, register the authorisation.\n\t(2)\tThe Regulator may impose such conditions as the Regulator thinks fit in relation to the registration of an authorisation.\nDivision 3—Applications\n26—Form of application\n\t(1)\tAn application under this Part must—\n\t(a)\tbe made in a manner and form determined by the Regulator; and\n\t(b)\tbe accompanied by any information required by the Regulator; and\n\t(c)\tbe accompanied by the prescribed fee.\n\t(2)\tThe applicant may, with the approval of the Regulator or at the request of the Regulator, vary the application at any time before the application is determined.\n\t(3)\tAn applicant must, at the request of the Regulator and within the period specified by the Regulator, provide any additional information or documents, or samples of any substance, mixture or article, that the Regulator considers relevant to the application.\n\t(4)\tThe Regulator may refuse the application if a person does not comply with a request under subsection (3).\nDivision 4—Unauthorised explosives\n27—Unauthorised explosives\n\t(1)\tSubject to this Act, a person must not—\n\t(a)\tdeal with an explosive that has not been authorised under this Part; or\n\t(b)\tcontravene a condition of an authorisation.\n\t(2)\tSubsection (1)(a) does not apply to a person authorised by a licence under Part 6 to deal with an explosive that has not been authorised under this Part (if the person deals with the explosive in accordance with that licence).\nPart 5—Prohibited explosives\n28—Prohibited explosives\n\t(1)\tThe Regulator may declare an explosive to be a prohibited explosive.\n\t(2)\tNotice of a declaration under subsection (1) must be published on the Department's website as soon as practicable after the making of the declaration.\n\t(3)\tThe Regulator may vary or revoke a declaration under subsection (1).\n\t(4)\tNotice of the variation or revocation of a declaration under subsection (1) must be published on the Department's website as soon as practicable after the variation or revocation of the declaration.\n\t(5)\tThe Regulator must maintain a register of prohibited explosives that is published on the Department's website.\n\t(6)\tA person must not deal with a prohibited explosive.\n","sortOrder":1},{"sectionNumber":"Part 6","sectionType":"part","heading":"Licensing","content":"Part 6—Licensing\n","sortOrder":2},{"sectionNumber":"Div 1","sectionType":"division","heading":"Requirement to hold licence","content":"Division 1—Requirement to hold licence\n29—Requirement to hold licence\n\t(1)\tA person must not, except as authorised by licence, carry on a business or other activity involving—\n\t(a)\tthe manufacture, import, export to a place outside Australia, sale, acquisition, supply, transport, storage, use, disposal or possession of an explosive or a substance, mixture or article for use (whether in its manufactured form or in a modified form) as an explosive; or\n\t(b)\tan explosive if the regulations require the carrying on of the business, or activity to be authorised by licence.\n\t(2)\tA person must not, except as authorised by licence, engage in any of the following activities:\n\t(a)\ta blasting operation;\n\t(b)\tan activity involving the use of fireworks;\n\t(c)\tdriving a vehicle transporting explosives on a road or a road-related area (both within the meaning of the Road Traffic Act 1961);\n\t(d)\tany other activity involving an explosive if the regulations require the activity to be authorised by licence.\n\t(3)\tA person must not supply an explosive to a person whose acquisition of the explosive must be authorised by licence unless the person acquiring the explosive holds such a licence.\n\t(4)\tA person must not employ, engage or permit another person to engage in an activity that must be authorised by licence unless the person holds such a licence.\n\t(a)\tin the case of an individual—$50 000 or imprisonment for 2 years, or both;\n\t(5)\tA person need not hold a licence in prescribed circumstances or in circumstances determined by the Regulator.\n30—Requirement to produce licence\n\t(1)\tThe holder of an occupational licence must immediately produce or display a copy of the licence (whether electronically or in printed form) when requested to do so by an authorised person.\nExpiation fee: $1 500.\n\t(2)\tThe holder of an activity licence must, when requested to do so by an authorised person, produce a copy of the licence (whether electronically or in printed form) within the period after the request prescribed by the regulations.\nExpiation fee: $1 500.\nDivision 2—Activity licences\n31—Activity licence\nThere will be licences authorising the carrying on of a business or operation involving explosives (activity licences) of the classes prescribed by the regulations.\nDivision 3—Occupational licences\n32—Occupational licences\nThere will be licences authorising the licensee to engage in an occupation involving explosives (occupational licences) of the classes prescribed by the regulations.\n","sortOrder":3},{"sectionNumber":"Div 4","sectionType":"division","heading":"General provisions","content":"Division 4—General provisions\n33—Grant or renewal of licence\n\t(1)\tThe Regulator may, on application by a person, grant or renew a licence.\n\t(2)\tIf an applicant applies to the Regulator for the grant or renewal of a licence authorising several classes of activities or occupations (including a combination of classes of licence set out in Division 2 and Division 3), the Regulator may, in the Regulator's discretion, grant the applicant either a single licence or multiple licences authorising those activities or occupations.\n34—Term of licence\n\t(1)\tSubject to this Act, a licence remains in force for the period specified in the licence on its grant or renewal.\n\t(2)\tThe Regulator may, on the Regulator's own initiative and without application by the licensee, renew the licence if the Regulator is satisfied that it is necessary for the purposes of protecting persons, property or the environment from harm, or keeping explosives secure, that the licensee continue to be bound by the licence conditions.\n\t(3)\tA licence has effect, on grant or renewal, from the date specified in the licence for that purpose, which may be earlier than the date of application for the grant or renewal of the licence.\n35—Licence non-transferable\nA licence is not transferable.\n36—Surrender of licence\n\t(1)\tThe Regulator may, on application by a licensee, approve the surrender of a licence.\n\t(2)\tWithout limiting subsection (1), the Regulator may refuse to approve the surrender of a licence if the Regulator is satisfied that it is necessary for the purposes of protecting persons, property or the environment from harm, or keeping explosives secure, that the licensee continue to be bound by the licence conditions.\n37—Corresponding law licences\n\t(1)\tIf a licence granted under a corresponding law complies with any requirements prescribed by the regulations, the Regulator must, on application, grant or renew the licence.\n\t(2)\tThe Regulator may impose such conditions as the Regulator thinks fit in relation to the grant or renewal of a licence under this section.\n38—Application\n\t(1)\tAn application under this Part must—\n\t(a)\tbe made in a manner and form determined by the Regulator; and\n\t(b)\tbe accompanied by any information required by the Regulator; and\n\t(c)\tbe accompanied by the prescribed fee.\n\t(2)\tThe applicant may, with the approval of the Regulator or at the request of the Regulator, vary the application at any time before the application is determined.\n\t(3)\tThe Regulator may, by written notice—\n\t(a)\task the applicant to give the Regulator further information, documents or records relevant to the application (including reports about the person's physical or mental health) within the period specified by the Regulator; or\n\t(b)\task the applicant to allow persons authorised by the Regulator to inspect premises, vehicles, plant or explosives proposed to be used by the applicant in connection with activities proposed to be authorised by the licence.\n\t(4)\tThe Regulator may refuse the application if a person does not comply with a request under subsection (3).\n\t(5)\tThe Regulator may refuse an application if—\n\t(a)\tthe Regulator considers that it would be more appropriate for the application to be made in another State; or\n\t(b)\tan application for a licence has been refused in this State or under a corresponding law.\n\t(6)\tThe Regulator must, as soon as practicable after making a decision on an application, give the person to whom the decision relates—\n\t(a)\tnotice of the decision; and\n\t(b)\tif the application is refused, the reasons for the refusal.\n39—Safety, security and emergency plans\n\t(1)\tThe Regulator may require an applicant for the grant or renewal of a licence to submit 1 or more of the following plans:\n\t(a)\ta safety plan;\n\t(b)\ta security plan;\n\t(c)\tan emergency plan.\n\t(2)\tA plan referred to in subsection (1) must—\n\t(a)\tbe in a form approved by the Regulator; and\n\t(b)\tinclude any information determined by the Regulator; and\n\t(c)\tconform to any other requirements determined by the Regulator.\n\t(3)\tThe Regulator may issue guidelines about a plan referred to in subsection (1) for particular activities.\n\t(4)\tIt is a condition of every licence that the licensee must not contravene a plan referred to in subsection (1).\n\t(5)\tIf, at any time, the Regulator is not satisfied as to the adequacy of a safety plan, a security plan or an emergency plan, the Regulator may require the licensee or applicant (as the case may be) to do either or both of the following:\n\t(a)\tto make specified amendments to the plan within a specified time;\n\t(b)\tto submit the amended plan to the Regulator within a specified time for approval.\n\t(6)\tIf a licensee or applicant for a licence (as the case requires) fails to comply with a requirement under subsection (5), the licensee or applicant is guilty of an offence.\nMaximum penalty: $5 000.\nExpiation fee: $315.\n\t(7)\tBefore action is taken under subsection (5), the Regulator must give the licensee or applicant (as the case requires) written notice of the proposed action, and invite the licensee or applicant to make written submissions in relation to the proposed action within a period specified in the notice (being not less than 14 days from the day on which the notice is given to the licensee).\n40—Criteria—general\n\t(1)\tIn determining an application under this Part and what should be the term and conditions of a licence, the Regulator must have regard to the safety duty and the security duty.\n\t(2)\tThe Regulator may—\n\t(a)\tspecify minimum requirements that must be satisfied before a person may hold a licence or a licence of a specified class; or\n\t(b)\tprohibit a body corporate from holding a licence of a specified class.\n\t(3)\tThe Regulator may refuse to grant, renew or vary a licence if the Regulator determines that it would not be in the public interest to do so.\n41—Security clearance\n\t(1)\tThe Regulator must refuse an application for the grant, renewal or variation of a licence unless—\n\t(a)\tin the case of an applicant for a licence that is a body corporate—\n\t(i)\tat least 1 director of the body corporate; and\n\t(ii)\tthe responsible person in respect of the licence; and\n\t(iii)\tany person with access to an explosive in respect of the licence (other than in the presence of and under the direct supervision of another security cleared person in respect of the licence); or\n\t(b)\tin any other case—\n\t(i)\tthe applicant; and\n\t(ii)\tthe responsible person in respect of the licence; and\n\t(iii)\tany person with access to an explosive in respect of the licence (other than in the presence of and under the direct supervision of another security cleared person in respect of the licence),\nare approved by the Regulator as security cleared persons for the purposes of this section.\n\t(2)\tThe Regulator may establish a scheme for the approval of persons as security cleared persons for the purposes of this Act.\n\t(3)\tThe scheme under subsection (2) may—\n\t(a)\tprovide for the Regulator to require the applicant, a close associate of the applicant, a person proposed to be approved as a security cleared person or a close associate of such a person to obtain from the Commissioner of Police or a prescribed person such reports or assessments on the person as the Regulator considers necessary, or to provide consents appropriate for the obtaining of such reports; and\n\t(b)\tprovide for the suspension or cancellation of an approval on specified grounds; and\n\t(c)\tspecify conditions of approval.\n\t(4)\tAn approval granted under this section remains in force for a period specified in the approval.\n42—Fit and proper person\n\t(1)\tThe Regulator may refuse an application for the grant, renewal or variation of a licence if the Regulator is not satisfied that the licensee or proposed licensee is a fit and proper person to hold the licence (or the licence as proposed to be varied).\n\t(2)\tIn determining whether a person is a fit and proper person for the purposes of subsection (1) the Regulator may—\n\t(a)\trequire an applicant to provide medical evidence or undergo a medical assessment by a medical practitioner or other health professional specified by the Regulator; and\n\t(b)\thave regard to—\n\t(i)\tin all cases—the character and reputation of the person and the person's close associates and may, without limitation, take into account relevant offences (whether committed in or outside the State); and\n\t(ii)\tin the case of a body corporate—whether any director of the body corporate is an unsuitable person; and\n\t(c)\trequire an applicant to complete a course or qualification determined by the Regulator, or otherwise establish to the satisfaction of the Regulator that the licensee or proposed licensee has the relevant skills and qualifications having regard to the business, operations or activity authorised under the licence.\n\t(3)\tAn unsuitable person is not a fit and proper person to hold a licence.\n\t(4)\tThe cost of performing a medical assessment and any associated medical report performed under this section is to be borne by the applicant for the licence.\n","sortOrder":4},{"sectionNumber":"Div 5","sectionType":"division","heading":"Suspension, cancellation, extension or variation","content":"Division 5—Suspension, cancellation, extension or variation\n43—Variation of licence\n\t(1)\tThe Regulator may, on application or on the Regulator's own initiative, vary a licence by written notice to the holder of the licence.\n\t(2)\tFor the purposes of subsection (1), the variation of a licence includes the alteration, substitution, removal or addition of a condition of the licence.\n44—Suspension, cancellation or variation of licence or approval by Regulator\n\t(1)\tThe Regulator may suspend or cancel a licence if satisfied that—\n\t(a)\tthe licence was obtained improperly; or\n\t(b)\tthe licensee—\n\t(i)\thas ceased to carry on or engage in the activity authorised by the licence; or\n\t(ii)\thas not paid fees or charges payable to the Regulator within the required time; or\n\t(iii)\thas contravened this or any other Act or a law of the Commonwealth or another State that regulates activities involving explosives or, in the opinion of the Regulator, justifies action to be taken under this section; or\n\t(iv)\thas failed to comply with a condition of the licence; or\n\t(v)\tdoes not have a responsible person in respect of the management of the operations under the licence; or\n\t(vi)\tis not a security cleared person; or\n\t(vii)\thas ceased to be a fit and proper person to hold the licence; or\n\t(c)\tthe activities authorised by the licence should not be continued (or should not be continued under the licence conditions) because the safety risks or security risks associated with the activity are unacceptably high.\n\t(2)\tThe Regulator may cancel an approval of a person as a security cleared person for a licence if satisfied that—\n\t(a)\tthe approval was obtained improperly; or\n\t(b)\tthe person has contravened this Act or a law of the Commonwealth or another State that regulates activities involving explosives; or\n\t(c)\tthe person has ceased to be a suitable person to be approved.\n\t(3)\tA suspension may be for a specified period, or until the fulfilment of specified conditions, or until further order of the Regulator.\n\t(4)\tA suspension may be expressed to have effect at a specified future time, or to have effect at a specified future time unless a specified condition is fulfilled.\n\t(5)\tIf the Regulator cancels a licence, the Regulator may also disqualify the holder of the cancelled licence, or if the holder of the cancelled licence is a body corporate, any director of the body corporate, from obtaining any licence or a specified class of licence permanently or for a specified period, or until the fulfilment of specified conditions or until further order of the Regulator.\n\t(6)\tBefore the Regulator acts under this section, the Regulator must—\n\t(a)\tgive notice to the licensee of the proposed action; and\n\t(b)\tset out the grounds on which the proposed action is to be taken; and\n\t(c)\tunless satisfied that urgent action is required, allow the licensee at least 28 days within which to make submissions to the Regulator in relation to the proposed action.\n\t(7)\tIf the Regulator suspends or cancels a licence, the licensee must return the licence to the Regulator within 14 days.\nExpiation fee: $160.\n45—Extension or reinstatement of licence\n\t(1)\tThe Regulator may extend a licence or reinstate a licence that has expired if—\n\t(a)\tin the Regulator's own opinion, the extension or reinstatement of the licence is necessary to protect persons, property or the environment in relation to the storage or disposal of any explosives; and\n\t(b)\tthe Regulator takes reasonable steps to consult with the licensee before extending or reinstating the licence.\n\t(2)\tAn extension or reinstatement of a licence under subsection (1) will be for such period as the Regulator considers appropriate, or until the Regulator determines that it is appropriate that the licence be cancelled.\n","sortOrder":5},{"sectionNumber":"Div 6","sectionType":"division","heading":"Licence conditions","content":"Division 6—Licence conditions\n46—Licence conditions\nA licence is subject to conditions determined by the Regulator.\n47—Offence to contravene licence conditions\nIf a licence condition is contravened, the licensee is guilty of an offence.\n48—Responsible person\n\t(1)\tIt is a condition of a licence that the licensee must ensure that the business conducted under the licence is managed by an individual (a responsible person) who—\n\t(a)\tis a fit and proper person; and\n\t(b)\tis concerned in the management of the business being conducted under the licence; and\n\t(c)\tis at least 21 years of age; and\n\t(d)\tis approved by the Regulator as a security cleared person; and\n\t(e)\tis not an unsuitable person; and\n\t(f)\tmeets any other requirements determined by the Regulator.\n\t(2)\tIt is a condition of a licence that if there is a change to the responsible person who manages the business under the licence, the licensee must, within 14 days, give the Regulator notice of the change in the form and containing the information required by the Regulator.\n\t(3)\tIf at any time the operations conducted under a licence are not managed by a responsible person, the licensee is guilty of an offence.\nMaximum penalty: $50 000.\n49—Reporting of loss, theft or unauthorised interference\n\t(1)\tIt is a condition of a licence that the licensee must ensure that the theft, loss or apparent unauthorised interference with an explosive to which the licence relates is reported immediately to a police officer and the Regulator.\n\t(2)\tA person is required to make a report despite the fact that to do so might incriminate the person or make the person liable to a penalty.\nDivision 7—Reconsideration of decisions\n50—Reconsideration of decisions\n\t(1)\tA person affected by a decision of the Regulator under this Part may apply to the Regulator for reconsideration of the decision.\n\t(2)\tAn application for reconsideration must be made within—\n\t(a)\t28 days after the day the person was informed of the decision by the Regulator; or\n\t(b)\ta longer period allowed by the Regulator, either before or after the end of the 28 days.\n\t(3)\tThe application must be in writing and set out the grounds on which reconsideration of the decision is sought.\n\t(4)\tWithin 28 days after receiving the application, the Regulator must reconsider the decision, and confirm, revoke or vary the decision.\n\t(5)\tIf the Regulator has not reconsidered the decision within that period, the Regulator is to be taken to have confirmed the decision.\n\t(6)\tThe Regulator must inform the applicant in writing of the result of the reconsideration and of the reasons for the result.\nPart 7—Enforcement measures\nDivision 1—General\nSubdivision 1—Authorised persons\n51—Interpretation\nIn this Division—\ncommercial motor vehicle has the same meaning as in the Motor Vehicles Act 1959;\nplace or vehicle to which this Division applies means—\n\t(a)\ta place or vehicle subject to a licence; or\n\t(b)\ta place or vehicle that an authorised person reasonably suspects is being, or has been, used for or in connection with an activity involving an explosive; or\n\t(c)\ta place or vehicle in which an authorised person reasonably suspects there may be records relating to an activity involving an explosive or anything that has been used in, or may constitute evidence of, a contravention of this Act; or\n\t(d)\ta commercial motor vehicle or a vehicle that an authorised person reasonably suspects is a commercial motor vehicle.\n52—Appointment of authorised persons\n\t(1)\tFor the purposes of this Act, the Minister may, by instrument in writing, appoint—\n\t(a)\ta specified individual to be an authorised person; or\n\t(b)\tpersons of a specified class to be authorised persons.\n\t(2)\tAn appointment may be made subject to conditions specified in the instrument of appointment.\n\t(3)\tThe Minister may, at any time, by instrument in writing applicable to a specified authorised person or each authorised person of a specified class—\n\t(a)\trevoke or suspend their appointment; or\n\t(b)\tvary or revoke a condition of their appointment; or\n\t(c)\timpose a further condition on their appointment.\n\t(4)\tAll police officers are authorised persons for the purposes of this Act.\n53—Identification of authorised persons\n\t(1)\tSubject to this section, an authorised person appointed under this Act must be issued with an identity card—\n\t(a)\tcontaining the individual's name and their photograph; and\n\t(b)\tstating that the individual is an authorised person under this Act.\n\t(2)\tA police officer is not required to be issued with an identity card.\n\t(3)\tIf the powers of an authorised person have been limited by conditions, the identity card issued to the authorised person must indicate those limitations.\n\t(4)\tAn authorised person must, at the request of a person in relation to whom the authorised person intends to exercise powers under this Act, produce for the inspection of the person—\n\t(a)\tin the case of an authorised person who is a police officer and is not in uniform—the police officer's certificate of authority; or\n\t(b)\tin the case of an authorised person appointed under this Act—the authorised person's identity card.\n\t(5)\tIf an individual to whom an identity card has been issued ceases to be an authorised person, the individual must return the identity card to the Regulator as soon as practicable.\n54—Warrant procedures\n\t(1)\tA magistrate must not issue a warrant for the purposes of this Division unless satisfied that the warrant is reasonably required in the circumstances.\n\t(2)\tAn application for a warrant may be made personally or, if, in the opinion of the applicant, the warrant is urgently required and there is not enough time to lodge a written application and appear before a magistrate, by telephone or electronically.\n\t(3)\tThe grounds of an application for a warrant must be verified by affidavit.\n\t(4)\tIf an application for a warrant is made by telephone or electronically, the following provisions apply:\n\t(a)\tthe applicant must inform the magistrate of the applicant's name and identify themself as an authorised person and the magistrate, on receiving that information, is entitled to assume its accuracy without further inquiry;\n\t(b)\tthe applicant must inform the magistrate of the purpose for which the warrant is required, the grounds on which it is sought and the circumstances giving rise to the urgency of the application;\n\t(c)\tthe magistrate may, on being satisfied as to the circumstances of urgency and the grounds for the issue of the warrant, inform the applicant of the facts on which the magistrate relies as grounds for the issue of the warrant, and must not proceed to issue the warrant unless the applicant undertakes to make an affidavit verifying those facts;\n\t(d)\tif the applicant gives such an undertaking, the magistrate may then make out and sign a warrant;\n\t(e)\tthe warrant is to be taken to have been issued, and comes into force, when signed by the magistrate;\n\t(f)\tthe magistrate must inform the applicant of the terms of the warrant;\n\t(g)\tthe applicant must fill out and sign a warrant form (the duplicate warrant) that—\n\t(i)\tsets out the name of the magistrate who issued the original, the date and time of the issue of the original and the terms of the warrant; and\n\t(ii)\tcomplies with any other prescribed requirements;\n\t(h)\tthe applicant must, as soon as practicable after the issue of the warrant, forward to the magistrate an affidavit verifying the facts referred to in paragraph (c) and a copy of the duplicate warrant.\n\t(5)\tA warrant, if not executed at the expiration of 1 month from the date of its issue, then expires.\nSubdivision 2—Powers of entry\n55—Power to enter\n\t(1)\tAn authorised person may enter any place or vehicle to which this Division applies.\n\t(2)\tSubject to section 56, entry to any place or vehicle to which this Division applies may be effected with or without the authority of a warrant.\n56—Entry into residential premises\nThis Part does not authorise an authorised person to enter any residential premises without the permission of the occupier or the authority of a warrant.\n57—General powers of authorised persons\n\t(1)\tAn authorised person may, as reasonably required for the administration and enforcement of this Act—\n\t(a)\tenter and inspect and, if necessary, use reasonable force to break into or open—\n\t(i)\ta place or vehicle to which this Division applies; or\n\t(ii)\tpart of, or anything in or on, a place or vehicle to which this Division applies; and\n\t(b)\tgive directions with respect to the stopping or movement of a vehicle to which this Division applies; and\n\t(c)\trequire a vehicle to which this Division applies to be presented for inspection at a specified place and time; and\n\t(d)\trequire a person to provide or take samples of or from an explosive or thing for analysis; and\n\t(e)\texamine or test any plant, vehicle, substance or other thing, or cause or require it to be examined or tested, or seize it or require its production for examination or testing; and\n\t(f)\trequire a person to produce a document, including a written record that reproduces in an understandable form information stored by computer, microfilm or other process; and\n\t(g)\texamine, copy or take extracts from a document or information so produced or require a person to provide a copy of any such document or information; and\n\t(h)\ttake photographs, films or audio, video or other recordings; and\n\t(i)\tseize and retain, or issue a seizure order in respect of an explosive—\n\t(i)\tthat the authorised person reasonably suspects is not authorised; or\n\t(ii)\tin order to prevent the explosive being used before it can be determined whether it is authorised or is an explosive that is not required to be authorised; and\n\t(j)\tseize and retain, or issue a seizure order in respect of anything that the authorised person reasonably suspects has been used in, or may constitute evidence of, a contravention of this Act; and\n\t(k)\trequire a person who the authorised person reasonably suspects has committed, is committing, or is about to commit, a contravention of this Act to state the person's full name and usual place of residence and to produce evidence of the person's identity and, if relevant to the contravention, the person's age; and\n\t(l)\trequire a person who the authorised person reasonably suspects has knowledge of matters in respect of which information is required for the administration or enforcement of this Act to answer questions in relation to those matters; and\n\t(m)\trequire a person holding or required to hold a licence to produce it for inspection; and\n\t(n)\tgive a direction required in connection with the exercise of a power conferred by a paragraph above or otherwise in connection with the administration or enforcement of this Act.\n\t(2)\tAn authorised person may only use force under subsection (1)(a) to break into a place or vehicle to which this Division applies on the authority of a warrant or in circumstances where the authorised person is acting in the case of an emergency.\n\t(3)\tIn the exercise of powers under this Act, an authorised person may be assisted by such individuals as the authorised person considers necessary in the circumstances.\n\t(4)\tAn authorised person may require an occupier of a place or a person apparently in charge of any plant, vehicle or other thing to give to the authorised person, or an individual assisting the authorised person, such assistance as is reasonably required by the authorised person for the effective exercise of powers conferred by this Act.\nSubdivision 3—Miscellaneous\n58—Provisions relating to seizure\n\t(1)\tA seizure order—\n\t(a)\tmust be in the form of a written notice given to the owner or person in control of the thing to which the order relates; and\n\t(b)\tmay be varied or discharged by further such written notice.\n\t(2)\tIf a seizure order is issued, a person who, knowing of the order, removes or interferes with the thing to which the order relates without the approval of an authorised person before the thing is dealt with under this section or the seizure order discharged is guilty of an offence.\nMaximum penalty: $5 000.\n\t(3)\tIf an explosive has been seized or made the subject of a seizure order under section 57(1)(i), the following provisions apply:\n\t(a)\tif an authorised person is satisfied that the explosive is an authorised explosive or is an explosive that is not required to be authorised—it must be released immediately;\n\t(b)\tif an authorised person is satisfied that the explosive is unauthorised—the authorised person may dispose of it as the authorised person thinks fit or direct its disposal in a specified manner.\n\t(4)\tBefore exercising a power under subsection (3)(b), the authorised person must—\n\t(a)\tgive the owner of the explosive written notice of the proposed action and the reasons for the proposed action; and\n\t(b)\tallow the owner of the explosive a reasonable opportunity to comment on the proposed action.\n\t(5)\tSubject to this section, if any thing has been seized or made the subject of a seizure order under section 57(1)(j), the following provisions apply:\n\t(a)\tthe thing must, if it has been seized, be held pending proceedings for an offence against this Act related to the thing seized, unless the Minister, on application, authorises its release to the person from whom it was seized, or to a person who had legal title to it at the time of its seizure, subject to such conditions as the Minister thinks fit (including conditions as to the giving of security for satisfaction of an order under paragraph (b)(ii));\n\t(b)\tif proceedings for an offence against this Act relating to the thing are instituted within the designated period after its seizure or the issuing of the seizure order and the defendant is convicted or found guilty of the offence, the court may—\n\t(i)\torder that it be forfeited to the Minister; or\n\t(ii)\tif it has been released pursuant to paragraph (a) or is the subject of a seizure order—order that it be forfeited to the Minister or that the person to whom it was released or the defendant pay to the Minister an amount equal to its market value at the time of its seizure as the court thinks fit;\n\t(c)\tif—\n\t(i)\tproceedings are not instituted for an offence against this Act relating to the thing within the designated period after its seizure or the issuing of the seizure order; or\n\t(ii)\tproceedings have been so instituted and—\n\t(A)\tthe defendant is found not guilty of the offence; or\n\t(B)\tthe defendant is convicted or found guilty of the offence but no order for forfeiture is made under paragraph (b),\nthen—\n\t(iii)\tin the case of a thing seized—the person from whom the thing was seized, or a person with legal title to it is entitled to recover from the Minister (if necessary, by action in a court of competent jurisdiction)—\n\t(A)\tthe thing itself, unless the Minister considers that to return the thing would be likely to result in undue danger to life or property or would not be in the public interest; or\n\t(B)\tcompensation of an amount equal to the market value of the thing at the time of its seizure; or\n\t(iv)\tin the case of a thing subject to a seizure order—the order is discharged.\n\t(6)\tIf, in the opinion of the Regulator or the Commissioner of Police, storing an explosive seized under this Act pending proceedings for an offence against this Act relating to the explosive would result in an unacceptable level of danger, or there are no adequate facilities available for such storage, the following provisions apply:\n\t(a)\tthe Regulator or Commissioner of Police may direct that the explosive be destroyed, whether or not a person has been or is to be charged with an offence in relation to it;\n\t(b)\tthe explosive may be destroyed at the place at which it was seized or at any other suitable place;\n\t(c)\tif a charge is laid, or is to be laid, for an offence in relation to the explosive, the Regulator or Commissioner of Police may direct that a person appointed or approved by the Regulator as an analyst for the purposes of this Act undertake an analysis of the explosive by means of testing, physical examination or visual inspection of the explosive, or of photographs or films of the explosive, or in any other manner the Regulator or Commissioner thinks fit (as the case may be).\n\t(7)\tIn this section—\ndesignated period means 6 months or such longer period as a magistrate may, on application by the Minister, allow.\n59—Offence to hinder etc authorised persons\nA person who—\n\t(a)\thinders or obstructs an authorised person, or an individual assisting an authorised person, in the exercise of powers conferred by this Act; or\n\t(b)\trefuses or fails to comply with a requirement or direction of an authorised person under this Act; or\n\t(c)\twhen required by an authorised person under this Act to answer a question, refuses or fails to answer the question to the best of the person's knowledge, information and belief; or\n\t(d)\tfalsely represents, by words or conduct, that the person is an authorised person,\nis guilty of an offence.\n","sortOrder":6},{"sectionNumber":"Div 2","sectionType":"division","heading":"Improvement and prohibition notices","content":"Division 2—Improvement and prohibition notices\n","sortOrder":7},{"sectionNumber":"Subdiv 1","sectionType":"subdivision","heading":"Improvement notices","content":"Subdivision 1—Improvement notices\n60—Issue of improvement notices\n\t(1)\tThis section applies if an authorised person reasonably believes that a person—\n\t(a)\tis contravening a requirement imposed by or under this Act (including a condition of a licence under this Act); or\n\t(b)\thas contravened a requirement imposed by or under this Act (including a condition of a licence under this Act) in circumstances that make it likely that the contravention will continue or be repeated.\n\t(2)\tThe authorised person may issue a written notice (an improvement notice) requiring the person to—\n\t(a)\tremedy the contravention of a requirement imposed by or under this Act (including a condition of a licence under this Act); or\n\t(b)\tprevent a likely contravention of a requirement imposed by or under this Act (including a condition of a licence under this Act) from occurring; or\n\t(c)\tremedy the things or operations causing the contravention or likely contravention.\n61—Contents of improvement notices\n\t(1)\tAn improvement notice must state—\n\t(a)\tthat the authorised person believes the person—\n\t(i)\tis contravening a requirement imposed by or under this Act (including a condition of a licence under this Act); or\n\t(ii)\thas contravened a requirement imposed by or under this Act (including a condition of a licence under this Act) in circumstances that make it likely that the contravention will continue or be repeated; and\n\t(b)\tthe provision or requirement imposed by or under this Act (including a condition of a licence under this Act) the authorised person believes is being, or has been, contravened; and\n\t(c)\tbriefly, how the provision or requirement imposed by or under this Act (including a condition of a licence under this Act) is being, or has been, contravened; and\n\t(d)\tthe day by which the person is required to remedy the contravention or likely contravention.\n\t(2)\tAn improvement notice may include directions concerning the measures to be taken to remedy the contravention or prevent the likely contravention, or the matters or activities causing the contravention or likely contravention, to which the notice relates.\n\t(3)\tThe day stated for compliance with the improvement notice must be reasonable in all the circumstances.\n\t(4)\tAn improvement notice may include recommendations.\n\t(5)\tIt is not an offence to fail to comply with recommendations in a notice.\n62—Compliance with improvement notice\nThe person to whom an improvement notice is issued must comply with the notice within the period specified in the notice.\n63—Extension of time for compliance with improvement notices\n\t(1)\tThis section applies if a person has been issued with an improvement notice.\n\t(2)\tAn authorised person may, by written notice given to the person, extend the compliance period for the improvement notice.\n\t(3)\tHowever, the authorised person may extend the compliance period only if the period has not ended.\n\t(4)\tIn this section—\ncompliance period means the period stated in the improvement notice under section 62 and includes that period as extended under this section.\n","sortOrder":8},{"sectionNumber":"Subdiv 2","sectionType":"subdivision","heading":"Prohibition notices","content":"Subdivision 2—Prohibition notices\n64—Power to issue prohibition notice\n\t(1)\tThis section applies if an authorised person reasonably believes that a safety risk arising out of a dangerous situation involving explosives exists or may exist.\n\t(2)\tThe authorised person may give a person a direction for the purposes of averting, eliminating or minimising the safety risk until an authorised person is satisfied that the matters that give or will give rise to the risk have been remedied.\n\t(3)\tA direction may, for example, prohibit—\n\t(a)\tthe carrying on of an activity, or the carrying on of the activity in a specified way; or\n\t(b)\tthe continuation of the carrying on of an activity, or the carrying on of the activity in a specified way.\n\t(4)\tThe direction may be given orally, but must be confirmed by written notice (a prohibition notice) issued to the person as soon as practicable.\n65—Contents of prohibition notice\n\t(1)\tA prohibition notice must state—\n\t(a)\tthat the authorised person believes that grounds for the issue of the prohibition notice exist and the basis for that belief; and\n\t(b)\tbriefly, the activity or set of circumstances that the authorised person believes involves or will involve the risk and the matters that give or will give rise to the risk; and\n\t(c)\tif relevant, the provision of this Act that the authorised person believes is being, or is likely to be, contravened.\n\t(2)\tA prohibition notice may include directions on the measures to be taken to remedy the risk, activities or matters to which the notice relates.\n\t(3)\tWithout limiting section 64, a prohibition notice that prohibits the carrying on of an activity in a specified way may do so by specifying 1 or more of the following:\n\t(a)\tpremises or a vehicle at which the activity is not to be carried out;\n\t(b)\tanything that is not to be used in connection with the activity;\n\t(c)\tany procedure that is not to be followed in connection with the activity.\n\t(4)\tA prohibition notice may include recommendations.\n\t(5)\tIt is not an offence to fail to comply with recommendations in a notice.\n66—Compliance with prohibition notice\nThe person to whom a direction is given under section 64(2) or a prohibition notice is issued must comply with the direction or notice.\n67—Remedial action\n\t(1)\tThis section applies if—\n\t(a)\ta person to whom a prohibition notice is issued fails to take reasonable steps to comply with the notice; or\n\t(b)\tan authorised person is unable to issue a prohibition notice.\n\t(2)\tThe Regulator may take any remedial action the Regulator believes reasonable to make the situation safe.\n\t(3)\tBefore taking action under subsection (2) the Regulator must, if a prohibition notice has been issued, give written notice to the person to whom the prohibition notice was issued of—\n\t(a)\tthe Regulator's intention to take that action; and\n\t(b)\tthe person's liability for the costs of that action.\n68—Costs of remedial or other action\nThe Regulator may recover the reasonable costs of any remedial action taken under section 67 from the person to whom the notice is issued.\n","sortOrder":9},{"sectionNumber":"Subdiv 3","sectionType":"subdivision","heading":"General requirements applying to improvement and prohibition notices","content":"Subdivision 3—General requirements applying to improvement and prohibition notices\n69—Directions in notices\nA direction included in a notice issued under this Division may—\n\t(a)\trefer to a code of practice; and\n\t(b)\toffer the person to whom it is issued a choice of ways in which to remedy the contravention.\n70—Changes to notice by authorised person\n\t(1)\tAn authorised person may make minor changes to a notice issued under this Division—\n\t(a)\tfor clarification; or\n\t(b)\tto correct errors or references; or\n\t(c)\tto reflect changes of address or other circumstances\n\t(2)\tAn authorised person may also, in accordance with section 63, extend the compliance period for an improvement notice.\n71—Regulator may vary or cancel notice\nExcept as provided in section 70, a notice issued under this Division by an authorised person may only be varied or cancelled by the Regulator.\n72—Formal irregularities or defects in notice\nA notice issued under this Division is not invalid only because of—\n\t(a)\ta formal defect or irregularity in the notice unless the defect or irregularity causes or is likely to cause substantial injustice; or\n\t(b)\ta failure to use the correct name of the person to whom the notice is issued if the notice sufficiently identifies the person and is issued or given to the person in accordance with section 87.\n","sortOrder":10},{"sectionNumber":"Div 3","sectionType":"division","heading":"Other matters","content":"Division 3—Other matters\n73—Self-incrimination\n\t(1)\tIt is not an excuse for a person to refuse or fail to answer a question or to produce, or provide a copy of, a document or information as required under this Division on the ground that to do so might tend to incriminate the person or make the person liable to a penalty.\n\t(2)\tIf compliance by a person with a requirement to answer a question or to produce, or provide a copy of, a document or information might tend to incriminate the person or make the person liable to a penalty, then—\n\t(a)\tin the case of a person who is required to produce, or provide a copy of, a document or information—the fact of production, or provision of a copy of, the document or the information (as distinct from the contents of the document or the information); or\n\t(b)\tin any other case—the answer given in compliance with the requirement,\nis not admissible in evidence against the person in proceedings for an offence or for the imposition of a penalty (other than proceedings in respect of the making of a false or misleading statement).\n74—Notification of certain situations\n\t(1)\tIf a notifiable situation occurs, the person who caused or permitted the situation to occur must, as soon as reasonably practicable after becoming aware of the situation, notify the Regulator of the situation, its nature, the circumstances in which it occurred and the action taken to deal with it.\n\t(2)\tA person is required to notify the Regulator of a notifiable situation despite the fact that to do so might tend to incriminate the person or make the person liable to a penalty.\n\t(3)\tA person will be taken to have complied with a notification requirement under subsection (1), if the person gives the Regulator notice in the form determined by the Regulator.\n\t(4)\tIf a notifiable situation occurs, in relation to premises subject to, or connected with, a licence, the licence holder must ensure that records of the notifiable situation are—\n\t(a)\tmade and kept in accordance with the requirements determined by the Regulator; and\n\t(b)\tmade available to the Regulator at the Regulator's request.\n\t(5)\tIn this section—\nnotifiable situation means any of the following situations involving explosives:\n\t(a)\tthe death, serious injury or illness of an individual or a situation that had the potential to cause death, serious injury or illness to an individual;\n\t(b)\tdamage to property or the environment or a situation that had the potential to cause damage to property or the environment;\n\t(c)\tthe theft, attempted theft or loss of explosives, or any other situation that results in explosives being unaccounted for;\n\t(d)\tthe unauthorised use of, or interference with, explosives;\n\t(e)\tany other situation that the person considers suspicious and that threatens the security of explosives.\n75—Power to recall\n\t(1)\tIf, in the opinion of the Regulator, the supply or use of an explosive is unreasonably dangerous, the Regulator may direct that a particular explosive, or class of explosives, be recalled and specify the manner in which, and the period within which, the recall is to be conducted.\n\t(2)\tA person who is required by a recall order to conduct a recall under this section must give written notice to the Regulator of the completion of the recall as soon as practicable after that completion.\n\t(a)\tin the case of an individual—$25 000 or imprisonment for 1 year;\n\t(b)\tin the case of a body corporate—$125 000.\n\t(3)\tA person to whom a direction is issued under this section must comply with the direction.\n\t(a)\tin the case of an individual—$25 000 or imprisonment for 1 year;\n\t(b)\tin the case of a body corporate—$125 000.\n76—Action in emergencies\n\t(1)\tIf an authorised person considers on reasonable grounds that a dangerous situation exists and that immediate action is required, the authorised person may, after giving such notice (if any) as may be reasonable in the circumstances, take action or cause action to be taken as necessary to avert, eliminate or minimise safety risks.\n\t(2)\tIn the exercise of powers under this section, an authorised person has, in addition to the other powers of an authorised person under this Act, power to—\n\t(a)\tenter and take possession of any place or vehicle (taking such action as is reasonably necessary for the purpose); and\n\t(b)\tseize, retain, move or destroy or otherwise dispose of an explosive.\n\t(3)\tAction may be taken or caused to be taken under this section whether or not a notice has been given to a person in relation to the dangerous situation under this Division.\n77—Review of notices by Regulator\n\t(1)\tSubject to this section, a person to whom a notice is issued under this Part may, within 14 days after the issue of the notice, apply to the Regulator for a review of the decision to issue the notice.\n\t(2)\tThe Regulator may determine an application for review as the Regulator thinks fit.\n\t(3)\tA review must be determined within 28 days of the application being lodged with the Regulator.\n\t(4)\tIf a review is not determined within that period, the Regulator is to be taken to have confirmed the decision.\n\t(5)\tAs soon as practicable after reviewing the decision to issue a notice, the Regulator must give the applicant in writing—\n\t(a)\tthe decision on the review; and\n\t(b)\tthe reasons for the decision.\n","sortOrder":11},{"sectionNumber":"Part 8","sectionType":"part","heading":"Reviews","content":"Part 8—Reviews\n78—Reviews\n\t(1)\tThe following decisions are reviewable by the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013:\n\t(a)\ta decision of the Regulator on a reconsideration under section 50;\n\t(b)\ta decision of the Regulator on a review under section 77.\n\t(2)\tAn application for review of a decision of the Regulator referred to in subsection (1) must be made within 1 month of the making of the decision, but the Tribunal may, if it is satisfied that it is just and reasonable in the circumstances to do so, extend that period (whether or not it has already expired).\n","sortOrder":12},{"sectionNumber":"Part 9","sectionType":"part","heading":"Miscellaneous","content":"Part 9—Miscellaneous\n79—Exemptions\n\t(1)\tThe Regulator may, on application or on the Regulator's own initiative, exempt a person or class of persons from compliance with this Act or specified provisions of this Act.\n\t(2)\tAn exemption is subject to conditions stated in the notice of exemption.\n\t(3)\tAn exemption may be varied or revoked by further written notice to the holder of the exemption.\n\t(4)\tA person who has been exempted from compliance with this Act or specified provisions of this Act must not contravene a condition of the exemption.\n80—Delegation by Minister or Regulator\n\t(1)\tThe Minister or Regulator may delegate to a person (including a person for the time being performing particular duties or holding or acting in a particular position) a function or power under this Act (except a function or power prescribed by the regulations).\n\t(2)\tA delegation—\n\t(a)\tmust be by instrument in writing; and\n\t(b)\tmay be absolute or conditional; and\n\t(c)\tdoes not derogate from the power of the delegator to act in a matter; and\n\t(d)\tis revocable at will.\n\t(3)\tA delegated function or power may, if the instrument of delegation so provides, be further delegated in accordance with that instrument.\n81—Forfeiture of explosive on conviction\n\t(1)\tA court may, on finding a person guilty of an offence against this Act or on declaring a person charged with an offence against this Act liable to supervision under Part 8A of the Criminal Law Consolidation Act 1935, order that an explosive in relation to which the offence was committed (and its container) and that is the property of that person be forfeited to the Crown.\n\t(2)\tAn explosive or container forfeited to the Crown may be disposed of in such manner as the Minister may direct and, if an explosive or container is disposed of by way of sale, the proceeds of the sale will be paid into the Consolidated Account.\n82—Prohibiting offender from involvement with explosives\n\t(1)\tA court may, on finding a person guilty of an offence against this Act or on declaring a person charged with an offence against this Act liable to supervision under Part 8A of the Criminal Law Consolidation Act 1935, order that the person is prohibited, to a specified extent for a specified period or until further order, from involvement in a specified activity involving explosives or specified explosives.\n\t(2)\tA person who contravenes an order under this section is guilty of an offence.\n\t(a)\tin the case of an individual—$50 000 or imprisonment for 2 years, or both;\n83—Adverse publicity orders\n\t(1)\tIf a person is found guilty of an offence against this Act, the court may make an order (an adverse publicity order) in relation to the person (the offender) requiring the offender—\n\t(a)\tto take either or both of the following actions within the period specified in the order:\n\t(i)\tto publicise, in the way specified by the order, the offence, its consequences, the penalty imposed and any other related matter;\n\t(ii)\tto notify a specified person or specified class of person, in the way specified in the order, of the offence, its consequences, the penalty imposed and any other related matter; and\n\t(b)\tto give to the Regulator, within 7 days after the end of the period specified in the order, evidence that the action or actions were taken by the offender in accordance with the order.\n\t(2)\tThe court may make an adverse publicity order on its own initiative or on the application of the person prosecuting the offence.\n\t(3)\tThe court must, in determining whether to make an adverse publicity order, take into account any material before the court relating to the effect that the taking of action or actions that the court proposes to specify in the order is likely to have on a person other than the offender.\n\t(4)\tIf the offender fails to give evidence to the Regulator in accordance with subsection (1)(b), the Regulator, or a person authorised in writing by the Regulator, may take the action or actions specified in the order.\n\t(5)\tHowever, if—\n\t(a)\tthe offender gives evidence to the Regulator in accordance with subsection (1)(b); and\n\t(b)\tdespite the evidence, the Regulator is not satisfied that the offender has taken the action or actions specified in the order in accordance with the order,\nthe Regulator may apply to the court for an order authorising the Regulator, or a person authorised in writing by the Regulator, to take the action or actions.\n\t(6)\tIf the Regulator, or a person authorised in writing by the Regulator, takes an action or actions in accordance with subsection (4) or an order under subsection (5), the Regulator is entitled to recover from the offender an amount in relation to the reasonable expenses of taking the action or actions, as a debt, due to the Regulator.\n84—False or misleading statements\nA person must not make a statement that is false or misleading in a material particular (whether by reason of the inclusion or omission of a particular) in information provided, or records kept, under this Act.\n\t(a)\tif the person made the statement knowing that it was false or misleading—\n\t(i)\tin the case of an individual—$10 000;\n\t(ii)\tin the case of a body corporate—$50 000;\n\t(b)\tin any other case—$5 000.\n85—Statutory declaration\nIf information is required by or under this Act to be provided to the Minister or the Regulator, the Minister or Regulator may require that the information be verified by statutory declaration and, in that event, the information will not be taken to have been provided as required unless it has been verified in accordance with the requirements of the Minister or Regulator.\n86—Confidentiality of information\n\t(1)\tThis section applies if a person obtains information or gains access to a document in exercising any power or function under this Act.\n\t(2)\tThe person must not do any of the following:\n\t(a)\tdisclose to anyone else—\n\t(i)\tthe information; or\n\t(ii)\tthe contents of or information contained in the document;\n\t(b)\tgive access to the document to anyone else;\n\t(c)\tuse the information or document for any purpose.\n\t(3)\tSubsection (2) does not apply to the disclosure of information, or the giving of access to a document or the use of information or a document—\n\t(a)\tabout a person, with the person's consent; or\n\t(b)\tthat is necessary for the exercise of a power or function under this Act; or\n\t(c)\tthat is made or given by the Regulator or a person authorised by the Regulator if the Regulator reasonably believes the disclosure, access or use—\n\t(i)\tis necessary for administering, or monitoring or enforcing compliance with, this Act; or\n\t(ii)\tis necessary for the administration or enforcement of another Act prescribed by the regulations; or\n\t(iii)\tis necessary for the administration or enforcement of another Act or law, if the disclosure, access or use is necessary to lessen or prevent a serious risk to public health or safety; or\n\t(d)\tthat is required by any court, tribunal, authority or person having lawful authority to require the production of documents or the answering of questions; or\n\t(e)\tthat is required for the purpose of ensuring that emergency services and local government authorities are fully informed in relation to activities involving explosives; or\n\t(f)\tthat is made or given to an agency or instrumentality of this State, the Commonwealth or another State for the purposes of the performance of its functions; or\n\t(g)\tthat is made or given to a prescribed authority of a jurisdiction outside Australia for the purposes of the performance of its functions; or\n\t(h)\tthat is required or authorised under a law; or\n\t(i)\tto a Minister.\n\t(4)\tA person must not intentionally disclose to another person the name of an individual who has made a complaint in relation to that other person unless—\n\t(a)\tthe disclosure is made with the consent of the complainant; or\n\t(b)\tthe disclosure is required under a law.\n87—Giving of notice\n\t(1)\tA notice required or authorised by this Act to be given to a person by the Minister, the Regulator or an authorised person may be given—\n\t(a)\tby delivering it personally to the person or an agent of the person; or\n\t(b)\tby leaving it for the person at the person's place of residence or business with someone apparently over the age of 16 years; or\n\t(c)\tby posting it to the person or agent of the person at the person's or agent's last known place of residence or business.\n\t(2)\tWithout limiting subsection (1), a notice required or authorised to be given to an applicant under this Act or to a licensee under this Act may be given—\n\t(a)\tby posting it to the person at the address last provided to the Minister or Regulator by the person for that purpose; or\n\t(b)\tby transmitting it to the person by email to the email address last provided to the Minister or Regulator by the person for that purpose; or\n\t(c)\tin the case of a company or registered body within the meaning of the Corporations Act 2001 of the Commonwealth—in accordance with that Act.\n88—General defence\n\t(1)\tIt will be a defence in criminal proceedings in respect of an alleged contravention of this Act, including—\n\t(a)\tproceedings against a body corporate or an individual where conduct or a state of mind is imputed to the body or person under this Part; and\n\t(b)\tproceedings against an officer of a body corporate under this Part,\nif it is proved that the alleged contravention did not result from any failure on the defendant's part to take all reasonable and practicable measures to prevent the contravention or contraventions of the same or a similar nature.\n\t(2)\tWithout limiting subsection (1), the defence provided by that subsection includes the defence that the act or omission alleged to constitute the contravention was justified by the need to protect life, property or the environment in a situation of emergency and that the defendant was not guilty of any failure to take all reasonable and practicable measures to prevent or deal with such an emergency.\n\t(3)\tIf a body corporate or other employer seeks to establish the defence provided by this section by proving the establishment of proper workplace systems and procedures designed to prevent a contravention of this Act, that proof must be accompanied by proof—\n\t(a)\tthat proper systems and procedures were also in place whereby any such contravention or risk of such contravention of this Act that came to the knowledge of a person at any level in the workforce was required to be reported promptly to the governing body of the body corporate or to the employer, or to a person or group with the right to report to the governing body or to the employer; and\n\t(b)\tthat the governing body of the body corporate or the employer actively and effectively promoted and enforced compliance with this Act and with all such systems and procedures within all relevant areas of the workforce.\n\t(4)\tA person who would, but for the defence provided by this section, have contravened a provision of this Act is, despite that defence, to be taken to have contravened that provision for the purposes of the issuing or enforcement of a notice under Part 7 Division 2.\n89—Notice of defences\n\t(1)\tA person who, in criminal proceedings, intends to rely on a defence under this Act may only do so if the person gives written notice of that intention to the Regulator.\n\t(2)\tThe notice must be given—\n\t(a)\tif the proceedings are for a summary offence—within 28 days after the summons to answer the charge is served on the person; or\n\t(b)\tif the proceedings are for a minor indictable offence where the charge is to be dealt with in the same way as a charge of a summary offence—not less than 28 days before the date for hearing of the charge; or\n\t(c)\tin any other case—within 7 days after the person is committed for trial.\n90—Proof of intention etc for offences\nSubject to any express provision in this Act to the contrary, it will not be necessary to prove any intention or other state of mind in order to establish a contravention of this Act.\n91—Imputation in proceedings of conduct or state of mind of officer, employee etc\n\t(1)\tFor the purposes of proceedings for an offence against this Act—\n\t(a)\tthe conduct and state of mind of an officer, employee or agent of a body corporate acting within the scope of their actual, usual or ostensible authority will be imputed to the body corporate; and\n\t(b)\tthe conduct and state of mind of an employee or agent of an individual acting within the scope of their actual, usual or ostensible authority will be imputed to that individual.\n\t(2)\tIf—\n\t(a)\tan individual is convicted of an offence against this Act; and\n\t(b)\tthe person would not have been convicted of the offence but for the operation of subsection (1),\nthe person is not liable to be punished by imprisonment for the offence.\n\t(3)\tFor the purposes of this section, a reference to conduct or acting includes a reference to failure to act.\n92—Statement of officer evidence against body corporate\nIn proceedings for an offence against this Act by a body corporate, a statement made by an officer of the body corporate is admissible as evidence against the body corporate.\n93—Liability of officers of body corporate\n\t(1)\tIf a body corporate contravenes a provision of this Act, a person who is an officer of the body corporate is—\n\t(a)\tsubject to the general defence under this Part, guilty of a contravention of this Act; and\n\t(b)\tsubject to subsection (2), liable to the same penalty as may be imposed for the principal contravention when committed by an individual.\n\t(2)\tIf an officer of a body corporate is convicted of an offence under subsection (1), the officer is not liable to be punished by imprisonment for the offence.\n\t(3)\tIf a body corporate contravenes a provision of this Act, an officer of the body corporate who knowingly promoted or acquiesced in the contravention is also guilty of contravening that provision.\n\t(4)\tAn officer of a body corporate may be prosecuted and convicted of an offence pursuant to subsection (1) or (3) whether or not there has been a finding by a court that the body corporate committed the contravention.\n94—Continuing offences\n\t(1)\tIf an offence against this Act is committed by a person by reason of a continuing act or omission—\n\t(a)\tthe person is liable, in addition to the penalty otherwise applicable to the offence, to a penalty for each day during which the act or omission continues of not more than an amount equal to one‑fifth of the maximum penalty fixed for that offence; and\n\t(b)\tif the act or omission continues after the person is convicted of the offence, the person is guilty of a further offence against that provision and liable, in addition to the penalty otherwise applicable to the further offence, to a penalty for each day during which the act or omission continues after that conviction of not more than an amount equal to one‑fifth of the maximum penalty fixed for that offence.\n\t(2)\tFor the purposes of this section, an obligation to do something is to be regarded as continuing until the act is done despite the fact that any period within which, or time before which, the act is required to be done has expired or passed.\n95—Commencement of proceedings for summary offences\n\t(1)\tProceedings for a summary offence against this Act may only be commenced by the Regulator.\n\t(2)\tProceedings for a summary offence against this Act may be commenced—\n\t(a)\tin the case of an expiable offence—within the time limits prescribed for expiable offences by the Criminal Procedure Act 1921; or\n\t(b)\tin any other case—at any time within 3 years after the date of the alleged commission of the offence or, with the authorisation of the Director of Public Prosecutions, at any later time within 6 years after the date of the alleged commission of the offence.\n\t(3)\tAn apparently genuine document purporting to be signed by the Director of Public Prosecutions authorising the commencement of proceedings under this Act must be accepted in legal proceedings, in the absence of proof to the contrary, as proof of the authorisation.\n96—Evidence\n\t(1)\tIn proceedings, a certificate apparently executed by the Minister or the Regulator certifying as to a matter relating to—\n\t(a)\tan authorisation; or\n\t(b)\ta licence; or\n\t(c)\tan approval; or\n\t(d)\tthe appointment of an authorised person or analyst; or\n\t(e)\tan exemption; or\n\t(f)\ta delegation; or\n\t(g)\ta notice; or\n\t(h)\tan application; or\n\t(i)\tthe receipt or non‑receipt of information,\nunder this Act constitutes proof, in the absence of proof to the contrary, of the matters so certified.\n\t(2)\tAn allegation on an information that a specified substance or article was an explosive of a specified kind will be accepted as proved in the absence of proof to the contrary.\n\t(3)\tIn proceedings, a certificate apparently executed by a person appointed or approved by the Regulator as an analyst for the purposes of this Act and setting out details as to an analysis carried out by or under the direction of the person and the results of the analysis constitutes proof, in the absence of proof to the contrary, of the matters so certified.\n97—Recovery of administrative and technical costs associated with contraventions\n\t(1)\tIf a person has contravened this Act and an authorised person—\n\t(a)\thas taken action to—\n\t(i)\tinvestigate the contravention; or\n\t(ii)\tissue a notice under this Part in respect of the contravention; or\n\t(iii)\tensure that the person has complied with requirements imposed in relation to the contravention by a notice under Part 7 (including taking action or causing action to be taken under Part 7); or\n\t(b)\thas, in taking such action, incurred costs and expenses in taking samples or in conducting tests, examinations or analyses or in storing or disposing of explosives,\nthe Regulator may, by written notice served on the person, require the person to pay to the Regulator—\n\t(c)\tin respect of action to investigate the contravention or to issue a notice under Part 7 in respect of the contravention—a fee fixed by, or calculated in accordance with, the regulations; or\n\t(d)\tin respect of action to ensure that the person has complied with requirements imposed in relation to the contravention by a notice under Part 7—the reasonable costs and expenses incurred in taking that action; or\n\t(e)\tin respect of costs and expenses incurred in taking samples or in conducting tests, examinations or analyses or in storing or disposing of explosives—the reasonable costs and expenses so incurred.\n\t(2)\tSubject to subsection (3), an amount payable to the Regulator in accordance with a notice under this section must be paid within the period specified in the notice.\n\t(3)\tOn application by a person who has been served a notice under this section, the Regulator may, by notice in writing—\n\t(a)\textend the time for payment of an amount payable in accordance with the notice; or\n\t(b)\twaive payment of such an amount or reduce the amount payable.\n\t(4)\tA person who fails to pay an amount payable to the Regulator in accordance with this section is guilty of an offence.\nExpiation fee: $500.\n\t(5)\tIf a notice is issued under this section in respect of a contravention and—\n\t(a)\tthe contravention is the subject of an appeal; or\n\t(b)\tthe notice requires payment of an amount in respect of the issue of a notice under Part 7 and the notice is the subject of a review or appeal,\nthe notice is suspended until the review or appeal has been determined (but if it is found that the contravention was committed or that the notice was properly issued, as the case may be, the notice will have effect as if the period for payment specified in the notice commenced on the day on which the review or appeal was determined).\n\t(6)\tIf an amount payable to the Regulator is not paid in accordance with this section, the amount may be recovered as a debt by the Regulator.\n98—Cost recovery for dealing with dangerous situations\n\t(1)\tIn this section—\nagency or instrumentality of the Crown means a body corporate (other than a council) established for a public purpose by, or in accordance with, an Act;\ncouncil means a council constituted under the Local Government Act 1999;\ngovernment authority means—\n\t(a)\tan administrative unit of the Public Service; or\n\t(b)\tan agency or instrumentality of the Crown; or\n\t(c)\ta council;\nprincipal officer, in relation to a government authority, means—\n\t(a)\tin the case of an administrative unit of the Public Service—the chief executive of that unit; or\n\t(b)\tin the case of an agency or instrumentality of the Crown—the chief executive of that agency or instrumentality or a person designated by the regulations as principal officer of that agency or instrumentality; or\n\t(c)\tin the case of a council—the chief executive officer of that council.\n\t(2)\tThis section applies to action taken to avert, eliminate or minimise safety risks arising from a dangerous situation.\n\t(3)\tIf a government authority reasonably incurs costs or expenses as a result of taking action to which this section applies or causing such action to be taken, the costs or expenses are recoverable as a debt in a court of competent jurisdiction.\n\t(4)\tThe costs or expenses may be recovered by—\n\t(a)\tin the case of costs or expenses incurred by a council—the council; or\n\t(b)\tin the case of costs or expenses incurred by an agency or instrumentality of the Crown—that agency or instrumentality, or the Crown; or\n\t(c)\tin any other case—the Crown.\n\t(5)\tIf more than 1 government authority takes action to which this section applies or causes such action to be taken in relation to the same incident, the recovery of costs or expenses incurred by 1 government authority (including an award or judgment in relation to those costs or expenses) does not preclude the recovery of costs and expenses incurred by the other government authorities.\n\t(6)\tThe costs or expenses may be recovered (jointly or severally) from—\n\t(a)\tthe person who caused the dangerous situation (otherwise than as an employee or agent of another person); or\n\t(b)\tthe person who was, at the time the action was taken, the owner of the explosives involved; or\n\t(c)\tthe person who was, at the time the action was taken, in control or possession of the explosives involved.\n\t(7)\tFor the purposes of subsection (6)—\n\t(a)\tan explosive in the control or possession of an employee or agent while acting in the course of employment will be taken to be in the control or possession of the employer or principal; and\n\t(b)\tan act or omission of an employee or agent while acting in the course of employment will be taken to be the act or omission of the employer or principal,\nunless it is proved that the incident is attributable to serious and wilful misconduct on the part of the employee or agent.\n\t(8)\tHowever, costs and expenses are not recoverable against a person who establishes—\n\t(a)\tthat the dangerous situation was due to the act or default of another person, or to some cause beyond the person's control; and\n\t(b)\tthat the person could not by the exercise of reasonable diligence have prevented the occurrence of the dangerous situation; and\n\t(c)\tthat the dangerous situation was not attributable to an act or omission of an employee or agent of the person at the time.\n\t(9)\tThis section does not exclude or derogate from any right to recover an amount in respect of costs or expenses that exists apart from this section but the Crown or a government authority is not entitled to recover, in respect of the same costs or expenses, an amount under this section and an amount in proceedings founded on rights that exist apart from this section.\n\t(10)\tFor the purposes of this section, a body that forms part, or is established for the purposes, of an agency or instrumentality of the Crown is not to be regarded as itself constituting a separate agency or instrumentality.\n\t(11)\tIn proceedings under this section, a document apparently signed by the principal officer of the relevant government authority certifying as to the incurring of costs or expenses as a result of action to which this section applies, and as to the amount of those costs or expenses, constitutes proof, in the absence of proof to the contrary, of the matters so certified.\n99—Government magazine\n\t(1)\tThe Minister may by notice in the Gazette declare any place to be a Government magazine.\n\t(2)\tThe Regulator is responsible for the control and supervision of a Government magazine.\n\t(3)\tThe Regulator or an authorised person may direct 1 or more of the following:\n\t(a)\tthat explosives be deposited in a Government magazine to be stored—\n\t(i)\tfor a period determined by the Regulator or authorised person (as the case requires); or\n\t(ii)\tindefinitely if the Regulator so determines;\n\t(b)\tthat explosives stored at the Government magazine be destroyed.\n\t(4)\tThe prescribed fee for the storage, rent, destruction or other costs associated with explosives deposited in a Government magazine may—\n\t(a)\tbe payable by the person depositing (or directed to deposit) the explosives; and\n\t(b)\tbe recoverable from the person that deposited (or was directed to deposit) the explosives as a debt due to the Regulator; and\n\t(c)\tbe set on a differential basis depending on the type or quantity of explosives, the length of time that they are in storage and the cost of their destruction.\n100—Harbors and vessels\n\t(1)\tThe Regulator may, by notice in the Gazette, publish standards (Regulator standards) relating to—\n\t(a)\tthe arrival, movement or presence of vessels carrying explosives in harbors; and\n\t(b)\tthe unloading and loading of explosives in harbors; and\n\t(c)\tany other matter relating to the control of explosives on or in relation to vessels or harbors.\n\t(2)\tWithout limiting subsection (1), the Regulator standards may make provision (including limitations and prohibitions) relating to—\n\t(a)\tvessels carrying explosives, including—\n\t(i)\tthe requirements to be observed by operators of vessels carrying explosives; and\n\t(ii)\tthe imposition of notification requirements relating to operators of vessels carrying explosives; and\n\t(b)\tvessels nearby or adjacent to vessels carrying explosives; and\n\t(c)\tharbors; and\n\t(d)\tthe limitation of quantities or the prohibition of explosives in relation to harbors and vessels.\n\t(3)\tA person who fails to comply with the Regulator standards is guilty of an offence.\n\t(a)\tin the case of an individual—$5 000;\n\t(b)\tin the case of a body corporate—$25 000.\n\t(4)\tThe Regulator standards may—\n\t(a)\tbe of general or limited application; and\n\t(b)\tprovide that a matter or thing in respect of which the standards apply is to be determined according to the discretion of the Regulator, or any other person determined or approved by the Regulator; and\n\t(c)\tprovide for exemptions to be granted (with or without conditions) by the Regulator, or any other person authorised by the Regulator; and\n\t(d)\tapply, adopt or incorporate, with or without modification, any code, standard or other document prepared or approved by a body or authority referred to in the standards as in force from time to time or as in force at a specified time.\n\t(5)\tThe Regulator may, by subsequent notice in the Gazette, vary or revoke the Regulator standards.\n\t(6)\tA notice published in the Gazette under this section may come into operation on the day on which it is published or on a later day or days specified in the notice.\n\t(7)\tIf a code, standard or other document is applied, adopted or incorporated in the Regulator standards—\n\t(a)\ta copy of the code, standard or other document must be published on a website determined by the Regulator; and\n\t(b)\tin any legal proceedings, evidence of the contents of the code, standard or other document may be given by production of a document apparently certified by or on behalf of the Regulator as a true copy of the code, standard or other document.\n\t(8)\tSections 10 (other than subsection (1)) and 10A of the Legislative Instruments Act 1978 apply to a standard published under subsection (1) or (5) (and a reference in those provisions to a regulation will be taken to be a reference to such a standard).\n101—Prohibition of explosives being transported on prescribed roads\n\t(1)\tA vehicle must not be driven or towed on a portion of a road prescribed by regulation if the vehicle contains or is otherwise transporting an explosive of a prescribed kind that exceeds the prescribed quantity.\n\t(2)\tIf a vehicle is driven or towed in contravention of subsection (1), the driver and the owner and the operator of the vehicle are each guilty of an offence.\n\t(3)\tIn this section—\ndriver, operator and owner of a vehicle have the same meaning as in the Road Traffic Act 1961.\n102—Compulsory acquisition of land\n\t(1)\tThe Minister may acquire land under this section where the Minister considers that the acquisition of the land is reasonably necessary for the construction and maintenance of—\n\t(a)\ta government magazine; or\n\t(b)\tany other facility to test or hold explosives.\n\t(2)\tThe Minister may only act under subsection (1) if the Minister is acting on the advice of the Regulator.\n\t(3)\tThe Land Acquisition Act 1969 applies to the acquisition of land in pursuance of this section.\n103—Requirement to return licence on request\nA licensee must, at the request of the Regulator and within the period stated by the Regulator, return the licence to the Regulator in order for the licence to be replaced or altered to record action under this Act.\nExpiation fee: $160.\n104—Regulations and fee notices\n\t(1)\tThe Governor may make such regulations as are contemplated by, or as are necessary or expedient for the purposes of, this Act.\n\t(2)\tWithout limiting subsection (1), the regulations may—\n\t(a)\tprovide for the payment, recovery or waiver of fees prescribed by fee notice; and\n\t(b)\tprescribe, or provide for the Regulator to prescribe, forms for the purposes of this Act; and\n\t(c)\timpose fines, not exceeding $25 000 for offences against the regulations; and\n\t(d)\tfix expiation fees, not exceeding $5 000 for alleged offences against the regulations and sections of the Act, specified by the regulations.\n\t(3)\tRegulations under this Act may—\n\t(a)\tbe of general application or limited application; and\n\t(b)\tmake different provision according to the matters or circumstances to which they are expressed to apply; and\n\t(c)\tprovide that a matter or thing in respect of which regulations may be made is to be determined according to the discretion of the Minister or the Regulator; and\n\t(d)\texempt, or provide for the Regulator to exempt, a specified person, explosive or activity, or class of persons, explosives or activities, from the application of this Act or a specified provision of this Act unconditionally or subject to specified conditions; and\n\t(e)\tprovide for the designation of persons who are authorised to give expiation notices; and\n\t(f)\tinclude defences to offences against the regulations and include evidentiary provisions to facilitate proof of contraventions of the regulations for the purposes of proceedings for offences; and\n\t(g)\tinclude provisions of a savings or transitional nature consequent on the enactment of this Act.\n\t(4)\tRegulations under this Act may impose the requirement to notify or give notice to the Regulator of certain prescribed activities, events or occurrences relating to explosives in circumstances prescribed by the regulations.\n\t(5)\tRegulations under this Act may prescribe a scheme for the sharing of information with corresponding regulators relating to the grant, issue, renewal, variation, suspension or cancellation of authorisations.\n\t(6)\tRegulations under this Act may prescribe a scheme relating to the granting to persons who hold a licence under a corresponding law (an interstate licence) a licence of a kind or class under this Act that corresponds to the interstate licence.\n\t(7)\tRegulations under this Act may provide for fees that vary or are determined by the Minister or the Regulator according to factors specified in the regulations.\n\t(8)\tRegulations under this Act may refer to or incorporate, wholly or partially and with or without modification, a specified code or standard as in force at a specified time or as in force from time to time.\n\t(9)\tIf a code or standard is referred to or incorporated in the regulations—\n\t(a)\ta copy of the code or standard must be kept available for inspection by members of the public, without charge and during normal office hours, at a prescribed office; and\n\t(b)\tevidence of the contents of the code or standard may be given in legal proceedings by production of a document apparently certified by the Minister or the Regulator to be a true copy of the code or standard.\n\t(10)\tThe Minister may prescribe fees for the purposes of this Act by fee notice under the Legislation (Fees) Act 2019.\nSchedule 1—Amendments, repeals and transitional provisions\nPart 1—Amendment of Tattooing Industry Control Act 2015\n1—Amendment of section 21—Offence to possess certain items in premises where tattooing services provided\nSection 21(3), definition of prescribed item, (b)—delete \"Explosives Act 1936\" and substitute:\n2—Amendment of section 22—Further powers of police officers—random weapon and explosive searches\nSection 22(5)—delete \"Explosives Act 1936\" and substitute:\nPart 2—Amendment of Work Health and Safety Act 2012\n3—Amendment of section 4—Definitions\nSection 4, definition of corresponding WHS law, (b)—delete paragraph (b) and substitute:\n\t(b)\tthe Explosives Act 2024; or\nPart 3—Repeals\n4—Repeal of Explosives Act 1936\nThe Explosives Act 1936 is repealed.\n5—Repeal of regulations under Explosives Act 1936\nAll regulations made under the Explosives Act 1936 are repealed.\n","sortOrder":13},{"sectionNumber":"Part 4","sectionType":"part","heading":"Transitional provisions","content":"Part 4—Transitional provisions\n6—Preliminary\nIn this Part—\nrelevant day means the day on which this Part comes into operation;\nrepealed Act means the Explosives Act 1936.\n7—Licences and conditions\n\t(1)\tA licence in force under the repealed Act immediately before the commencement of this clause will be taken to be a licence under this Act held by the person to whom the licence under the repealed Act was issued and authorising the activities authorised by the licence under the repealed Act.\n\t(2)\tThe licence under this Act is subject to the same conditions as the licence under the repealed Act and will expire on the date on which the licence under the repealed Act would have expired.\n\t(3)\tIf the same person holds more than 1 licence, the licences may, at the Regulator's discretion on renewal under this Act, be consolidated into 1 licence.\n8—Permits to purchase explosives\n\t(1)\tA permit to purchase explosives in force under the repealed Act immediately before the commencement of this clause (see Part 14 of the Explosives Regulations 2011) will be taken to be a licence authorising the acquisition of explosives under this Act.\n\t(2)\tThe licence under this Act is subject to the same conditions as the permit under the repealed Act and will expire on the date on which the permit under the repealed Act would have expired.\n9—Register\nAn explosive that was classified by the Director under the repealed Act immediately before the commencement of this clause will be taken to be authorised under Part 4 of this Act and details relating to the classification are to be entered on the register.\n10—Appointment of authorised persons\n\t(1)\tOn the relevant day, an individual holding office as an inspector under the repealed Act will be taken to have been appointed as an authorised person under this Act.\n\t(2)\tAn identity card held by an inspector under or for the purposes of the repealed Act immediately before the relevant day will be taken to be an identity card furnished by the Regulator under section 53 of this Act.\n11—Functions and powers of authorised persons\n\t(1)\tAn authorised person may, on or after the relevant day, perform a function or exercise a power under this Act in relation to anything arising under or relevant to the repealed Act before the relevant day (and this Act will apply in relation to the performance or exercise of such a function or power as if a reference to this Act included a reference to the repealed Act).\n\t(2)\tWithout limiting subclause (1)—\n\t(a)\ta reference in this Act to a contravention of this Act will be taken to include a reference to a contravention of the repealed Act; and\n\t(b)\ta reference in this Act to an offence against this Act will be taken to include a reference to an offence against the repealed Act.\n\t(3)\tAny action taken or information acquired under this Act (including on account of the operation of this clause) may be used for the purposes of the repealed Act (insofar as it may be relevant to an act, omission or circumstance occurring before the relevant day).\n\t(4)\tNothing in this clause affects or limits any action that may be taken under or with respect to the repealed Act by virtue of the operation of any other Act or law.\n12—Exemptions\n\t(1)\tSubject to this clause, an exemption in force under the repealed Act immediately before the relevant day will continue in force for the purposes of this Act to an extent that corresponds to the extent of the exemption under the repealed Act.\n\t(2)\tAn exemption under subclause (1)—\n\t(a)\tmay be—\n\t(i)\tmodified from time to time as the Regulator thinks fit; and\n\t(ii)\trevoked at any time by the Regulator; and\n\t(b)\tunless sooner revoked, will expire on the first anniversary of the relevant day.\nLegislative history\nNotes\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal Act\nYear\nNo\nTitle\nAssent\nCommencement\n19.9.2024\nuncommenced\n","sortOrder":14}],"analysis":{"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope assessment is not possible. The document provided contains no legislative content — only a 'Page Not Found' error from the SA legislation website resulting from a broken hyperlink following a site update in March 2026. No comparison between original intent and final form can be made."},"complexity_factors":["No actual legislative text was provided — the submission is a website error page (HTTP 404), not legislation","Complexity cannot be meaningfully assessed without substantive content","Score of 1 reflects the simplicity of what was actually submitted (an error message), not the likely complexity of explosives regulation legislation itself"],"plain_english_summary":"The provided document was a 404 error page, so the Explosives Act 2024 (SA) could not be analysed and no authoritative text was available. Without the Act itself, no accurate summary, scope, or complexity assessment is possible.\n\nGenerally, explosives laws affect manufacturers, sellers, transporters and users by regulating manufacture, storage, sale, transport and use, typically requiring licences, safety standards and penalties — but those common features cannot be confirmed for this specific 2024 Act without the actual text."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act replaces the Explosives Act 1936 and modernises and broadens regulatory scope. It introduces explicit safety and security duties (ss8–9), a register and classification/authorisation scheme for explosives (Part 4: ss17–24), modern licence classes and security‑clearance gates (Part 6: ss29–42), stronger enforcement and cost‑recovery powers (Part 7: ss55–77; ss97–99) and broader discretion for the Regulator and Minister (s15; s16; ss70–71). Transitional provisions (Schedule 1) preserve existing licences but embed them into the expanded regime."},"complexity_factors":["Wide Regulator discretion to authorise, classify, vary and cancel explosives and to set license conditions (Part 4: ss18–25; Part 6: ss33–46).","Multiple overlapping permission regimes: authorisations, activity licences and occupational licences with differing application and renewal rules (Part 4 and Part 6: ss18, 29–36).","Tiered criminal and administrative penalty structure with strict liability elements and imputation to officers (Part 2 offences: ss10–14; ss90–93).","Security-clearance and 'fit and proper' gatekeeping powers that can require police reports, medicals and training (ss41–42).","Extensive enforcement toolkit including entry, seizure, emergency action, warrants, improvement/prohibition notices and remedial powers (Part 7: ss52–77).","Cost-recovery and fee powers for investigations, remedial action and storage, with recovery as debt (ss97–99, 104).","Ability to adopt external codes or standards by reference and to publish Regulator standards, shifting substantive rules out of primary legislation (ss5(4), 100, 104(8)).","Confidentiality and information‑sharing provisions with exceptions and corresponding‑law interaction (ss16, 25, 86, 104(5)).","Transitional arrangements and repeal of the 1936 Act that require mapping old licences and inspector powers into the new scheme (Schedule 1: Parts 3–4).","Administrative procedural requirements for notices, reviews and tribunal appeals with tight timelines and discretion at multiple decision points (ss50, 60–63, 71, 77–78)."],"plain_english_summary":"Mechanically: replaces the old law with a modern regulatory regime that creates an explosives register and authorisation scheme, new licensing classes, a Regulator with powers to classify, approve and recall explosives, and tiered criminal and administrative penalties.\n\nIt affects manufacturers, importers, transporters, users, licensees and their officers; costs (fees, testing, compliance plans, remedial action) fall on applicants and businesses, and decisions rest with the Minister and Regulator (s15–16). The stated purpose is to protect health, safety, property and the environment (s3)."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"_metrics":{"provider":"moonshot","completionTokens":2464},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"This Act is a comprehensive revision and replacement of the Explosives Act 1936. While it significantly expands the regulatory detail—adding modern features such as security duties, security clearances, cost recovery mechanisms, and adverse publicity orders—it remains within the original scope of regulating the possession, manufacture, transport and use of explosives for public safety and security purposes. The objects clause (section 3) confirms the Act continues to serve the traditional purposes of protecting public health and safety while facilitating legitimate explosives industries."},"complexity_factors":["Approximately 30 defined terms in the interpretation section (section 4), many with nested sub-definitions (e.g., 'close associate' has 8 separate categories including discretionary trusts and control relationships)","Four-tiered offence structure (Categories 1-4) with subtly different mens rea requirements (knowledge/indifference vs. recklessness vs. strict liability) and penalty scales","Extensive cross-referencing between Parts, particularly between the licensing regime (Part 6), authorisations (Part 4), and enforcement powers (Part 7)","Multiple conditional pathways for security clearances depending on whether the applicant is an individual or body corporate, with separate streams for directors, responsible persons, and employees (section 41)","Incorporation of external legal instruments by reference, including the UN Globally Harmonised System of Classification and Labelling of Chemicals (GHS) and 'corresponding laws' of other jurisdictions","Complex transitional provisions in Schedule 1 that preserve existing licences from the repealed 1936 Act while mapping them onto the new regulatory structure","Nested exceptions and exemptions throughout (e.g., section 79 allows the Regulator to exempt persons from the Act subject to conditions, creating secondary regulatory layers)","Detailed procedural requirements for warrant applications including telephonic/electronic emergency warrants with affidavit undertakings (section 54)","Imputation provisions that attribute the conduct of officers and employees to body corporates, with specific carve-outs regarding imprisonment liability (sections 91-93)"],"plain_english_summary":"**What this law does**\n\nThis Act replaces South Australia's 88-year-old explosives laws with a modern regulatory scheme to control who can handle dangerous explosives and how they must be secured.\n\n**Key changes**\n\n*   **Two new legal duties**: Everyone handling explosives must now meet a **safety duty** (take reasonable care to protect people, property and environment) and a **security duty** (keep explosives secure from unauthorised access). Breaking these duties triggers four levels of offences, with penalties ranging from fines up to $300,000 and 5 years imprisonment for the most serious (Category 1) breaches involving death or serious harm.\n\n*   **Licensing system**: You need a licence to manufacture, import, transport, store, sell or use explosives. There are two types:\n    *   **Activity licences** – for businesses running operations involving explosives (e.g., mining companies, fireworks displays)\n    *   **Occupational licences** – for individual workers (e.g., blasters, pyrotechnicians, truck drivers carrying explosives)\n\n*   **Authorisation of explosives**: Explosives must be authorised and listed on a public register before they can be used. The Regulator can classify explosives, ban prohibited types, and approve trials of new substances.\n\n*   **Security clearances**: Licence holders and their key staff must pass security clearance checks. The Regulator can refuse licences to \"unsuitable persons\" (including those with organised crime links, adverse security assessments, or certain insolvency histories).\n\n*   **Enforcement powers**: Authorised inspectors can enter workplaces (with or without warrants), seize unauthorised explosives, issue **improvement notices** (fix a problem by a deadline) and **prohibition notices** (stop dangerous work immediately). They can also take emergency action to destroy dangerous explosives.\n\n*   **Cost recovery**: The government can recover costs for investigating breaches, cleaning up dangerous situations, and storing seized explosives from the responsible parties.\n\n**Who it affects**\n\n*   Mining, quarrying and construction industries using blasting explosives\n*   Fireworks and special effects companies\n*   Transport operators carrying explosives\n*   Security personnel and facility managers\n*   Research institutions testing explosive materials\n\n**Why it matters**\n\nThe Act modernises safety standards, introduces security measures to prevent terrorism and theft, and aligns South Australia with interstate laws. It carries heavy penalties for serious safety breaches while providing clearer pathways for legitimate industry operations."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/explosives-act-2024","history":"/api/acts/explosives-act-2024/history","analysis":"/api/acts/explosives-act-2024/analysis","conflicts":"/api/acts/explosives-act-2024/conflicts","importantCases":"/api/acts/explosives-act-2024/important-cases","documents":"/api/acts/explosives-act-2024/documents"}}